032922 ws packetWORK SESSION AGENDA
Date: Tuesday, March 29, 2022
Time: 9:00 a.m.
Location: Commissioners Meeting Room Harnett County Resource Center & Library 455 McKinney Parkway, Lillington
Harnett County Board of Commissioners
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1.Call to order – Chairman Lewis Weatherspoon
2.Pledge of Allegiance and Invocation – Commissioner Mark Johnson
3.Discuss request to approve the contract for the audit firm Martin Starnes & Associates, CPA, PAto audit the County’s accounts for fiscal year ending 06/30/22; Kimberly Honeycutt, Finance Officer
4.Discuss proposed text amendment: Case # PLAN2112-0004 Harnett County Unified DevelopmentOrdinance; Article VII, Section 6.4.1. To amend Harnett County’s UDO in order to add specificssuch as a duration for water flow, as associated with fire hydrants and fire protection; MarkLocklear, Development Services Director
5.Veterans Treatment Court Program Update and Grant Application Request; Zane Campbell,Veterans Treatment Court Program Director
6.Discuss Harnett Regional Water Write-offs for 2nd quarter of 2021; Steve Ward, HRW Director
7.Economic Development Project Update; Christian Lockamy, Economic Development Director
8.Discuss Mid-Carolina Workforce Development Consortium Agreement and Resolution Approvingthe Consortium Agreement; Coley Price, Assistant County Manager
9.Discuss Draft Funding Plan for Harnett County’s American Rescue Plan (ARP) Allocation – BrianHaney, Assistant County Manager
10.Discuss Harnett County’s Local Government Infrastructure Grant from State Budget – Brian Haney,Assistant County Manager
11.Discuss Upcoming GREAT Grant Deadline and Partnership Recommendations – Ira Hall, ChiefInformation Officer (**please note: action could be taken on this item to authorize grant submissions)
12.Discuss Bipartisan Infrastructure Law (Airport Infrastructure Grant for Terminal Building); ColeyPrice, Assistant County Manager & Brent Trout, County Manager (**please note: action could be taken onthis item to authorize grant submission)
13.Discuss Revision to Rules of Procedure, Rule 29. Public Comment Period; Lewis Weatherspoon,Chairman
14.Discuss the appointment of Christian Lockamy as the Harnett County representative on the Boardof Directors of the Southeastern Economic Development Commission; Brent Trout, County Manager
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Harnett County Board of Commissioners
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15.County Manager’s Report- Brent Trout, County Manager
•April 4, 2022 Regular Meeting Agenda Review
•Review applications to serve on Boards and Committees
•Upcoming meetings and invitations
16.Closed Session
17.Adjourn
CONDUCT OF THE MARCH 29, 2022 MEETING
Live audio of the meeting will be streamed on the Harnett County Government’s YouTube Channel
at https://www.youtube.com/channel/UCU7mTF6HTD65x_98EhAMeMg/featured.
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Board Meeting
Agenda Item
MEETING DATE: April 4, 2022
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: FYE 2022 Audit Contract
REQUESTED BY: Kimberly A. Honeycutt, CLGFO
REQUEST:
Approval of the County's annual audit contract as required by NC General Statute.
FINANCE OFFICER'S RECOMMENDATION:
Approval.
COUNTY MANAGER'S RECOMMENDATION:
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Board Meeting
Agenda Item
MEETING DATE: March 21, 2022
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Proposed Text Amendment: Case # PLAN2112-0004
REQUESTED BY: Mark Locklear/ Development Services
REQUEST:
Harnett County Unified Development Ordinance; Article VII, Section 6.4.1. To amend
Harnett County’s UDO in order to add specifics such as a duration for water flow, as
associated with fire hydrants and fire protection.
Development Services staff recommends approval based on the Fire Marshall's
reccomendation as well as compliance with the National Fire Association regulations.
Additional Information:
On March 7th, the Harnett County Planning Board voted unanimously (4-0) to recommend
approval of application based on the need to be more specific with fire hydrant requirements.
FINANCE OFFICER’S RECOMMENDATION:
COUNTY MANAGER’S RECOMMENDATION:
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Harnett County Board of Commissioners
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AN ORDINANCE AMENDING THE
HARNETT COUNTY UNIFIED DEVELOPMENT ORDINANCE
WHEREAS, the Board of Commissioners of Harnett County adopted the UDO on October 17, 2011 for the
purpose of promoting the health, safety, and general welfare of the county residents; and
WHEREAS, this ordinance was adopted under authority granted by the General Assembly of the State of North
Carolina, particularly G.S. 153A-340; and
WHEREAS, the UDO contains provisions for amending said ordinance and those provisions have been followed;
and
WHEREAS, the Harnett County Planning Board has reviewed the amendment to the article of the UDO as
listed below and recommends the adoption of the following amendment.
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF HARNETT
COUNTY, NORTH CAROLINA that Harnett County Unified Development Ordinance Article VII:
Development Design Guidelines, Section 6.4.1 General Fire Hydrant Requirements of the UDO shall be
amended to read as indicated in “Attachment”.
“Attachment” is filed with the Unified Development Ordinance in the Clerk to the Board’s Office.
Duly adopted this 21st day of March 2022 and effective upon adoption.
HARNETT COUNTY BOARD OF COMMISSIONERS
_______________________________
Lewis W. Weatherspoon, Chairman
ATTEST:
____________________________________
Melissa D. Capps, Clerk
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Harnett County Board of Commissioners
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ARTICLE VII. DEVELOPMENT DESIGN GUIDELINES
6.1 Fire Protection
6.4.1 General Fire Hydrant Requirements
Fire protection shall be provided to all new subdivision developments and nonresidential new construction
and expansions. The developer or subdivider shall install fire hydrants in such a manner that the development
is afforded fire protection as provided in this Ordinance. The regulations contained herein are intended to
facilitate proper installation of required fire protection measures.
A. All hydrants shall be Harnett Regional Water and Fire Code Official approved, in accordance with the
requirements of this Section.
1. No fire hydrant shall be installed on less than a 6 inch (6”) public main.
2. Hydrants shall have two (2) two and one half inch (2 ½”) and one (1) Five inch (5”) Storz
connection.
3. The upper hydrant operation stem within the bonnet shall be sealed and lubricated by means of an
oil or grease bath, unless otherwise approved. The operating nut shall be pentagonal type measuring
one and one half inch (1 ½”) from point to flat. Hydrants shall open left.
4. All hydrants shall be furnished with barrel and stem extensions as required for the final field
location. Nominal minimum bury will be a depth of three and one half (3 ½) feet. All hydrants at
finish grade shall measure 18 inches (18”) from ground to center of steamer cap.
5. Water lines servicing fire hydrants shall have at least 500 gallons of water per minute for a duration
of no less than two (2) hours.
6. All fire hydrants shall be installed on a public water main if the development meets the distance
specifications for connections set forth in Article VII, Section 6.2.1 of this Ordinance.
B. The Fire Code Official shall approve all hydrant types and locations in new developments and any
alterations to this Ordinance related to fire hydrants and fire protection.
C. All fire hydrants shall be located on the right side of the roadway in which responding fire apparatus
would travel into subdivisions, beginning at the main entrance to the subdivision, business, or facility.
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MID-CAROLINA WORKFORCE DEVELOPMENT CONSORTIUM AGREEMENT
Page 1 of 3
ARTICLE I. TITLE AND PURPOSE
The contiguous units of local government listed below agree to establish a consortium to
act jointly as a local Workforce Development Area under the Workforce Innovation and
Opportunity Act (WIOA), Public Law 113-128 as enacted July 22, 2014. This consortium
shall be known as Mid-Carolina Workforce Development.
ARTICLE II. MEMBERSHIP
The Consortium shall be composed of the following independent and contiguous units of
general-purpose local government:
County of Cumberland
County of Harnett
County of Sampson
ARTICLE III. CERTIFICATION OF AUTHORITY
1.AUTHORITY UNDER STATE AND LOCAL LAW
The member units of government certify that they possess full legal authority, as
provided by state and local law, to enter into this agreement and to fulfill the legal
and financial requirements of operating as a local Workforce Development Area
under the Workforce Innovation and Opportunity Act for the entire geographic
area covered by this agreement.
2.SPECIFIC RESOLUTIONS TO ENTER INTO AGREEMENT
A copy of each duly executed resolution giving the respective counties specific
authority to enter into this consortium agreement will be attached to this document
and are incorporated herein by reference (optional).
3.DESIGNATION OF CHIEF ELECTED OFFICIALS FROM EACH MEMBER
UNIT OF GOVERNMENT
Each member unit of government designates as chief elected official for
Workforce Innovation and Opportunity Act purposes, upon whose representations
the State, the Workforce Development Board, the administrative entity, and the
other member units may rely, the duly elected Chair of each respective County
Board of Commissioners. Such person shall be the signatory of this agreement and
shall be authorized to execute such other agreements as are necessary for
Workforce Innovation and Opportunity Act purposes.
4.DESIGNATION OF CHIEF ELECTED OFFICIAL FOR LOCAL WORKFORCE
DEVELOPMENT AREA
The member units provide that the Chairs of the member units of government shall
select one chief elected official that shall be authorized to exercise the functions of
the local area chief elected official which are required under the Workforce
Innovation and Opportunity Act.
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MID-CAROLINA WORKFORCE DEVELOPMENT CONSORTIUM AGREEMENT
Page 2 of 3
ARTICLE IV. DURATION
This agreement will become effective on July 1, 2022 or the date of the last chief elected
official’s signature (whichever is the later date) and shall continue in effect until the local
Workforce Development Area is re-designated by the Governor of North Carolina or by
termination of this Agreement by a member unit of government as provided for in Article
XI.
ARTICLE V. ASSURANCES AND CERTIFICATIONS
The member units will comply with the requirements of the Workforce Innovation and
Opportunity Act, and regulations promulgated thereunder, all other applicable federal
regulations, the statutes of the State of North Carolina, and written directives and
instructions relevant to local workforce development area operation from the Governor of
North Carolina or his/her designee.
ARTICLE VI. FINANCING
1. It is anticipated that funding necessary to implement this agreement will be derived
from federal grant funds received through the Governor.
2. The units of local government acknowledge that they are jointly and severally
accountable for liabilities arising out of activities under the Workforce Innovation
and Opportunity Act, and all funds received by the local workforce development
area pursuant to WIOA. Liability includes, but is not limited to, responsibility for
prompt repayment from non-program funds of any disallowed costs by the
administrative entity of the local workforce development area, or any of its sub-
recipients or contractors, or the Workforce Development Board.
3. Mid-Carolina Council of Governments, also known as Mid-Carolina Regional
Council and Region M, shall serve as the Administrative Entity for the Mid-
Carolina Workforce Development Area.
4. Any entity or joint agency created or designated by this local workforce
development area, including the Workforce Development Board, and
Administrative Entity, shall be considered a public agency for the purposes of the
Local Government Budget and Fiscal Control Act.
ARTICLE VII. ESTABLISHMENT OF A WORKFORCE DEVELOPMENT BOARD
The member units of government agree that the Workforce Development Board shall be
established in accordance with Section 107 of the Workforce Innovation and Opportunity
Act and applicable State of North Carolina laws including G.S. 143B-438.11.
The Chief Elected Official, as noted in Article III. 4., shall appoint members of the
Workforce Development Board from among persons nominated in accordance with the
Workforce Innovation and Opportunity Act.
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MID-CAROLINA WORKFORCE DEVELOPMENT CONSORTIUM AGREEMENT
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ARTICLE VIII. APPOINTMENT OF PERSONNEL
Appointment of personnel shall follow the Mid-Carolina Regional Council’s hiring and
recruitment process for regular full-time staff.
ARTICLE IX. REAL PROPERTY, EQUIPMENT AND SUPPLIES
The Mid-Carolina Workforce Development Consortium will follow all Workforce
Innovation and Opportunity Act requirements governing the title, use and disposition of
real property, equipment and supplies purchased with federal funds,
ARTICLE X. AMENDMENTS
The agreement may be amended at any time upon the consent of all the parties as
evidenced by resolution of the governing bodies of each member government and as
approved by the State.
ARTICLE XI. TERMINATION
The parties to this agreement may request termination at any time upon six months prior
written notice, such termination to be effective when the Governor considers local
Workforce Development Area re-designations or at the end of the then current grant
administration agreement program year.
CUMBERLAND COUNTY
Glenn Adams, Chair Date
HARNETT COUNTY
Lewis Weatherspoon, Chair Date
SAMPSON COUNTY
Sue Lee, Chair Date
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RESOLUTION APPROVING
THE AGREEMENT FOR THE
MID-CAROLINA WORKFORCE DEVELOPMENT CONSORTIUM
Whereas, Harnett County desires to enter into workforce development consortium agreement
pursuant to North Carolina General Statues, Section 160A-461 with the North Carolina counties of Harnett
and Sampson to organize a workforce development area; and
Whereas, these contiguous units of local government agree to establish a consortium pursuant to
the provisions of North Carolina General Statues, Section 160A-464(1) to act jointly as a workforce
development area under the Workforce Innovation and Opportunity Act (WIOA), Public Law 113-128 as
enacted July 22, 2014; and
Whereas, this consortium shall be known as the Mid-Carolina Workforce Development
Consortium; and
Whereas, a copy of said consortium agreement is attached herewith.
Now, therefore, be it resolved by the Harnett County Board of Commissioners that it hereby
approves the attached consortium agreement by and between Harnett County and Sampson County to
organize a workforce development area under the Workforce Innovation and Opportunity Act of 2014.
Adopted this the ?? day of ???, 2022.
Lewis Weatherspoon, Chair
ATTEST:
Melissa Capps, Clerk to the Board
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MEMORANDUM
To: Harnett County Board of Commissioners
From: Brian Haney, Assistant County Manager
Subject: American Rescue Plan Draft Funding Plan for Harnett County
Date: March 9, 2022
The American Rescue Plan Act of 2021 was signed into law on March 11, 2021. The American Rescue
Plan (ARP) is a $1.9 trillion package that includes $362 billion in State & Local Fiscal Recovery Funds.
Of that amount, nearly $220 billion went to State governments, of which North Carolina received $5.44
billion. Another $130.2 billion is being distributed to cities, towns, and counties across the United States,
including Harnett County.
Harnett County’s total allocation from the American Rescue Plan is $26,411,744. The County received
the first half of $13,205,872 on August 23, 2021, and will receive the second half no earlier than one year
later. Funds must be used for costs incurred on or after March 3, 2021. Funds must be obligated by
December 31, 2024, and expended with all work completed by December 31, 2026.
ARP funds may be used for any of four categories:
1. Support the COVID-19 Public Health and Economic Response
2.Provide Premium Pay for eligible workers performing essential work
3.Replace Public Sector Revenue Loss
4. Invest in Water, Sewer, and Broadband Infrastructure
Federal guidelines dictate eligible uses within each of the above categories. In addition to compliance
with federal guidelines, the use of ARP funds must also comply with State law, which further restricts the
use of ARP funds in North Carolina – particularly in the areas of Broadband and public assistance.
Over the past year, County staff have been engaged heavily with the UNC School of Government, North
Carolina Association of County Commissioners (NCACC), and National Association of Counties
(NACo), attending numerous webinars, courses, and other events in order to gain an understanding of the
rules surrounding the use of ARP funding including eligible uses, policies and procedures that must be in
place to use the funds, and reporting requirements. This guidance has continued to evolve as the U.S.
Treasury released its Interim Final Rule and FAQ documents, and as the North Carolina General
Assembly worked through the state budget process.
The State Budget was adopted on November 18, 2021, and included additional funds for local
governments, as well as a limited expansion of Broadband authority, which allowed counties to use ARP
funds to provide grants to Internet Service Providers (ISPs) to extend Broadband in unserved areas. The
U.S. Treasury issued the Final Rule on American Rescue Plan funding on January 6, 2022. The Final
Rule provides increased flexibility for the use of ARP funds in some areas including capital projects,
restoring pre-pandemic employment, and providing a $10 million standard allowance for revenue loss.
The Final Rule goes into effect on April 1, 2022. Until that time, the Interim Final Rule remains in effect,
however local governments may apply the Final Rule before April 1, 2022. These two developments
allowed County staff to move forward with putting together a recommended proposal for the use of ARP
funds.
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In developing the attached draft funding plan for the use of Harnett County’s ARP allocation, staff had
the following goals:
- Using funds in a way that provides the most flexibility for the Board of Commissioners to address
critical County needs and to strategically plan for the future
- Leveraging funds to maximize funding and reduce the burden on County taxpayers through the
application for additional grants
- Minimize the administrative burden on staff
- Minimize the reporting burden
There were also number of additional considerations:
- Lost Revenue Standard Allowance and Supplanting Funds – The U.S. Treasury’s Final Rule
provides local governments with the option of using up to $10 million of their ARP allocations
for General Government purposes. While these funds must still comply with Uniform Guidance,
their use is less restrictive than the remaining ARP allocation. Local governments are still
allowed to calculate their estimated revenue loss over the course of the ARP period, and should
that amount exceed $10 million, they can use that number instead. The Finance Office is
currently working to perform that calculation, however this recommendation uses the $10 million
standard allowance for lost revenue since we know that is the minimum amount of lost revenue
we will have. In order to minimize the administrative and reporting burden on the County, staff
recommends using this $10 million for payroll and benefits for County employees. This will
allow the $10 million in General Fund revenue that would have otherwise been used for this
purpose to be supplanted in order to provide greater flexibility for these funds to be used on other
County needs. The result is that of the County’s $26,411,744 ARP allocation, $16,411,744 must
be used in accordance with ARP guidelines, and you will have the ability to use $10,000,000 in
supplanted ARP funds for any allowable General Government purpose.
- Timing of Projects – Staff also considered the timing requirements for the use of ARP funds
when developing this funding proposal. During the Board’s February 24, 2022, Planning Retreat,
a number of projects were mentioned related to water and wastewater infrastructure. As noted
above, investing in water and wastewater infrastructure is an allowable use of ARP funds,
however funds must be expended with all work completed by December 31, 2026. As a result,
certain projects are not eligible for ARP funding consideration because they would not be able to
be completed by that deadline. Additionally, due to the federal guidelines that must be followed
related to the use of ARP funds and the reporting burden, staff recommends that any funding
allocated to Harnett Regional Water be allocated towards a single project rather than toward
multiple projects, which will free up enterprise fund revenue for other priority projects. Harnett
Regional Water Director Steve Ward has identified the expansion of the Northwest Harnett
Wastewater Treatment Plant as the ideal use of these funds.
- Assistance to Public and Nonprofit Organizations – Since it was announced that the County
would be receiving funds from the American Rescue Plan Act, staff have been approached by
numerous community organizations seeking a portion of these funds, or for funds to be used to
provide assistance to businesses and community organizations. While supporting the COVID-19
public health and economic response is an allowable use of ARP funds, the State of North
Carolina limits the County’s ability to provide this type of assistance as outlined in the
memorandum from Senior Staff Attorney Chris Appel, which is included in this packet. In some
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cases, the County does not have the ability to provide assistance (i.e. grants), and in others, the
County does not currently have the staff capacity to implement additional programs. Additionally,
Federal and State governments have made other funds available for public assistance programs,
such as the Emergency Food and Shelter Program.
With all of the above considerations in mind, staff has developed the attached draft funding plan for
Harnett County’s ARP allocation for the Board’s consideration and feedback. Staff believes this draft
plan addresses critical needs of Harnett County’s residents and provides Harnett County with the
opportunity to complete a number of priority projects that are either currently unfunded or delayed until
future years, and to proactively plan for the future.
The draft plan is intended to be a fluid document that may be adjusted over the coming months and years
as additional information is obtained regarding the feasibility and cost of projects, and as County
priorities shift. There are still a number of unknowns related to a number of items recommended for
funding such as whether or not the County will receive grants from the GREAT or CAB programs to
extend Broadband to unserved areas, what the actual costs will be for the capital projects listed, and
whether or not the County will be successful in receiving grants to mitigate the drainage issues in the
Riverside community. As such, a number of additional priority areas have been identified as potential
areas where the Board may wish to allocate funding, should it become available.
Finally, this draft plan is offered subject to the Board’s direction and public input. Following the
presentation of this information to the Board at the March 15, 2022, work session, staff recommends
providing an opportunity for public input during the Board’s March 21 regular meeting. We will then
bring the plan back before the Board at your March 29 work session to obtain any additional direction. At
that point, the Board may approve the plan along with any revisions at the April 4, 2022, regular meeting
if desired.
Please do not hesitate to reach out to me if you have any questions regarding the draft funding plan or any
of the information included in this memorandum and supporting documentation.
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ARP Eligible Projects 16,411,744$
COVID-19 Mitigation
Broadband (GREAT & CAB Grant Matches)2,750,000$
Emergency (VIPER) Radio Replacement for County Government 2,493,599$
Emergency (VIPER) Radio Replacement for Fire/EMS Departments 2,028,050$
Courthouse 3rd Floor Upfit 3,914,894$
DSS 2nd Floor Upfit 1,611,068$
Lead for NC Fellow (Year 1)25,000$
Lead for NC Fellow (Year 2)33,700$
Harnett Regional Water NHWWTP Upgrade Contribution 5,000,000$
Low Emission X-Ray Scanner for Detention Center 188,000$
Providing Premium Pay for County Employees
Restoring Pre-Pandemic Employment
TOTAL:18,044,311$
Lost Revenue Replacement 10,000,000$
Employee Salaries & Benefits 10,000,000$
Supplanted Lost Revenue Replacement 10,000,000$
Office 365 Cloud Migration (Cybersecurity)1,160,252$
Information Technology Fiber Extension (Cybersecurity)230,750$
Riverside Flood Project 500,000$
Fixed Wireless Broadband Phase 2 Match 2,000,000$
Funding for Harnett Regional Jetport 2,500,000$
Funding for Greenway Development 1,000,000$
TOTAL:7,391,002$
Total ARP Funding 26,411,744$
Total Identified Projects 25,435,313$
Remaining Funding 976,431$
Other Potential Projects
Purchase Land for Recreation
Board of Elections Replacement
Animal Shelter Replacement
Former Benhaven Two-Story Classroom Renovation
Additional Funding for Broadband
Solid Waste Convenience Sites
Harnett County ARP Draft Funding Plan
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Harnett County American Rescue Plan (ARP) Draft Funding Plan
Total received: $26,411,744
The County received half of its ARP allocation ($13,205,872) in August 2021, and will receive the other
half no earlier than August 2022. Funds must be encumbered by December 31, 2024, and spent by
December 31, 2026. A portion of the County’s ARPA allocation may be considered Lost Revenue
Replacement, and may be used for any General Government purpose, however it must still follow
Uniform Guidance. The standard allowance for Lost Revenue Replacement is $10 million, however the
County’s Finance staff is attempting to calculate our actual Lost Revenue to determine whether that
would result in more than $10 million. For the purpose of this document, we will assume $10 million in
lost revenue, leaving $16,411,744 that must be used for ARP eligible projects.
ARP Eligible Projects: $16,411,744
• COVID-19 Mitigation
o The County was able to address the vast majority of its COVID-19 needs using displaced
CARES Act funding, however there are still some COVID-19 related needs among the
County’s departments, which this funding may be used for if needed. Staff anticipates
the amount of funding required for this purpose will be negligible.
• Broadband (GREAT and CAB Grant Matches) $2,750,000
o The General Assembly has encouraged and incentivized counties to use ARP funds to
provide a match for the GREAT Grant and CAB programs, which are being implemented
by the State. Staff recommends setting aside the maximum required match for these
programs, should they be funded. This includes $750,000 for the GREAT Grant and $2
million for the CAB program. In the event the County is unsuccessful in pursuing these
grants, these funds can be used for other purposes.
• Emergency (VIPER) Radio Replacement for County Government $2,493,599
o Harnett County invested in the VIPER emergency radio system in 2013 and purchased
radios for all emergency responders, including fire departments and towns. The radios
will be at the end of their useful life in 2025 and Motorola has stated it will end support
of the radios in 2023. The State is also requiring that all radios on the VIPER network be
upgraded by July 1, 2025. The replacement of 298 mobile and 288 portable county
government radios is currently included in the County’s 2023-2029 CIP in FY 2025 using
a transfer of $2,493,599 from capital reserves. The U.S. Treasury Final Rule classified the
replacement of these radios as an eligible use of ARP funds. Using ARP to replace these
radios will potentially free up additional capital reserve for other capital projects.
• Emergency (VIPER) Radio Replacement for Fire/EMS Departments $2,028,050
o As noted above, when the County invested in the VIPER emergency radio system in
2013, it purchased radios for all emergency responders, including fire departments and
towns. The County issued debt to fund this purchase and communicated to the
departments and towns that they would be responsible for funding the cost of future
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replacements. In 2021, the Harnett County Chiefs Association applied for a federal grant
to assist with upgrading the VIPER radio upgrade and was awarded a grant in the
amount of $836,010. In September 2021, the Chiefs Association submitted a request to
the County for $2,028,050 in ARP funding to complete the VIPER upgrade for Fire and
EMS squads.
• Courthouse 3rd Floor Upfit $3,914,894
o The Harnett County Courthouse was completed in 2002 and included approximately
12,150 square feet of unfinished space on the third floor. The County is currently
conducting a Space Needs Assessment that will include a feasibility study for the upfit of
this unfinished space. An opinion of probable cost has been obtained for the space that
estimates the upfit costing $3,914,894. Per the U.S. Treasury Final Rule, ARP funds may
be used for capital expenditures “that respond to the public health and negative
economic impacts of the pandemic.” Written justification is required for capital projects
of more than $1 million. The Courthouse has seen significant impacts from COVID-19,
and this upfit would address those issues by providing additional space for staff and
citizens.
• DSS 2nd Floor Upfit $1,611,068
o The existing Department of Social Services building was constructed in 1996 and a two-
story, 10,000-square-foot addition was completed in 2020. The second floor of the
addition (approximately 5,000 square feet) was left unfinished, pending future growth.
Social Services Director Paul Polinski has said this space is needed now to accommodate
additional staff needs. The County is currently conducting a Space Needs Assessment
that will include a feasibility study for the upfit of this unfinished space. An opinion of
probable cost has been obtained for the space that estimates the upfit costing
$1,611,068. Per the U.S. Treasury Final Rule, ARP funds may be used for capital
expenditures “that respond to the public health and negative economic impacts of the
pandemic.” Written justification is required for capital projects of more than $1 million.
The Department of Social Services has seen significant impacts from COVID-19, including
staff outbreaks which have required a staggered telework schedule at times, and this
upfit would address those issues by providing additional space for staff.
• Lead for North Carolina Fellow (2 years) $58,700
o ARP funds may be used to cover staff assigned to help administer the program. The
County Manager’s Office applied for and was accepted as a Lead for NC host site for the
2022-2023 program year to host a fellow who will assist with ARP grant administration
and help identify other federal and state grant opportunities through ARP. The
commitment is for one year with an optional second year. The total price to host a Lead
for NC Fellow is $54,000, however the County’s anticipated cost share is $25,000 for the
first year.
• Harnett Regional Water NHWWTP Upgrade Contribution $5,000,000
o County Management proposes providing $5 million of the County’s total ARP allocation
to Harnett Regional Water to be used for the North Harnett Wastewater Treatment
Plant Upgrade project. Should additional ARP funding become available, additional
funds may be contributed to this project as well.
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• Low Emission X-Ray Scanner for Detention Center $188,000
o The Harnett County Sheriff’s Office has requested to purchase a low emission X-ray
scanner for the detention center that will assist with screening inmates for COVID-19
and also allowing staff to search for contraband at a safe distance. The total cost of this
scanner is $188,000, however the Sheriff’s Office has agreed to contribute
approximately $85,000 from a grant received in the State Budget towards this purchase.
• Providing Premium Pay for County Employees
o ARP funds may be used to provide premium pay to eligible workers performing essential
work during the pandemic. Eligible employees include those who perform regular, in
person work during the pandemic; who interact with others or physically handle items
handled by others. Employees may receive up to $13 per hour in additional wages or a
maximum of $25,000 per worker during the ARP period. Employers are encouraged to
prioritize low and moderate income workers. While this is an option, the Board
previously voted to provide all County employees with a one-time bonus using displaced
CRF funds. Should the Board wish to provide premium pay, staff will review eligibility
requirements and can provide a recommendation regarding positions that should be
included.
• Restoring Pre-Pandemic Employment
o ARP funds may be used to pay for payroll and covered benefits associated with
increasing its number of budgeted FTEs up to 7.5 percent above its pre-pandemic
baseline. Staff are currently working on determining what that number would be,
however there is the potential for the salaries and benefits any new employees who are
hired as part of the approved FY 2023 and FY 2024 budgets to be covered using ARP.
This would mean that the County could either defer these costs associated with adding
new positions through December 31, 2024, or could supplant additional funds that
would have otherwise been spent on these positions to be used on other needs.
Lost Revenue Replacement: $10,000,000
As noted above, the portion of ARPA considered as Lost Revenue Replacement may be used for any
General Government purpose, however it must still follow Uniform Guidance. It is recommended that
these funds be used for a purpose with minimal UG and reporting requirements, one of which is
government employee salaries and benefits. It may be used for salaries and benefits going back to
March 2021, however for the ease of reporting, staff recommends going back to July 1, 2021.
• Public Safety Salaries & Benefits $10,000,000
Lost Revenue Replacement (Supplanted): $10,000,000
• Office 365 Cloud Migration (Cybersecurity) $1,160,252
o Chief Information Officer Ira Hall has requested that the County transition to Office 365
due to Cybersecurity needs. Supplanted ARP Lost Revenue could be used to cover the
cost of this transition for three years, from April 2022 through March 2025, at which
time the County would need to identify General Fund revenue to continue.
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• Information Technology Fiber Extension (Cybersecurity) $230,750
o The Harnett County 2023-2029 CIP includes a project to construct a one-mile fiber
connection across the Cape Fear River in Lillington from 310 West Duncan Street to
Alexander Drive to provide network redundancy. This one-mile fiber connection would
provide a more resilient and redundant loop for the County’s core data network and
phone system. This project is currently included in the CIP as a funded project in FY
2028. The use of Supplanted ARP Lost Revenue would allow this project to move
forward sooner.
• Riverside Flood Project $500,000
o Harnett County engaged a third party to conduct a watershed assessment of the
Riverside Community, which determined it would cost approximately $500,000 to
mitigate some of the issues experienced by residents in this area. The County has
applied for a pair of grants to complete this project, however staff recommends setting
aside $500,000 in Supplanted ARP Lost Revenue to complete this project in the event
the County is unsuccessful in pursuing these grants. Should the grants be received, this
funding would be available for other needs.
• Fixed Wireless Broadband Phase 2 Match $2,000,000
o The County is currently working with CloudWyze to complete the first phase of this
project, which will provided fixed wireless Broadband to residents in Harnett County
north of the Cape Fear River. The second phase of this project would address portions of
the County south of the river. The County’s half of this project would be approximately
$2 million.
• Funding for Harnett Regional Jetport $2,500,000
o Staff recommends setting aside $2,500,000 in Supplanted ARP Lost Revenue to assist
with projects at Harnett Regional Jetport to include completion of the new terminal and
purchase of additional land for future expansion.
• Funding for Greenway Development $1,000,000
o The Board of Commissioners adopted the Harnett County Bicycle, Pedestrian, and
Greenway Plan in January 2021 that identified priority greenway projects throughout
the County. The CIP calls for annual contributions of $100,000 to be set aside for
greenway construction and development, however the state has estimated that on
average greenways cost $1 million per mile to construction. Staff recommends providing
an appropriation of Supplanted ARP Lost Revenue to assist in building up the Greenway
Trail Construction Capital Reserve to help expedite construction of greenways in the
county.
Other Potential Projects
• Purchase Land for Recreation
• Board of Elections Replacement
• Animal Shelter Replacement
• Former Benhaven Two-Story Classroom
Renovation
• Additional Funding for Broadband
• Solid Waste Convenience Site
HCBOC 032922 ws Pg. 57
HCBOC 032922 ws Pg. 58
INTEROFFICE MEMORANDUM
TO: BRENT TROUT, COUNTY MANAGER
BRIAN HANEY, ASSISTANT COUNTY MANAGER
FROM: CHRIS APPEL, SENIOR STAFF ATTORNEY
SUBJECT: ARPA FUNDS AND GRANT PROGRAMS
DATE: JANUARY 20, 2022
The American Rescue Plan Act of 2021 (“ARPA”) allows for the expenditure of funds for
a wide-array of options for responding to the COVID-19 pandemic, including “assistance to
households, small businesses, and nonprofits, or aid to impacted industries.” However, before a
North Carolina local government can expend the funds in accordance with the rules set forth by the
Federal Government, it must also ensure that such expenditures comply with North Carolina law.
If there is a conflict between state and federal law, the most restrictive rule must be applied.
Although ARPA permits the use of funds to assist businesses, households, nonprofits, and
industries impacted by the pandemic, North Carolina law restricts to use of public funds for private
entities. A local government is permitted to provide direct aid to individuals in need of assistance,
but it cannot provide similar aid to a private business or nonprofit organization unless it is for a
“public purpose” and the business or organization provides a public service in return for receipt of
public funds. State law and multiple court cases have strictly prohibited a local government from
simply making a gift or donation to a private entity. To determine if an expenditure serves a public
purpose and is not an unconstitutional gift, the expenditure must meet a two-part test: (1) the
activity must be reasonably connected to a legitimate government purpose and (2) the public must
be the beneficiary, not an individual or private entity.
Under this two-part test, grants would be an impermissible use of public funds as private
interests predominate since the recipient business does not have to pay back a grant and a public
service is not provided in return. This would also include grants to nonprofits unless the purpose
was to receive a valuable public service as a condition of receiving the grant (as was required when
the County previously provided funding to nonprofits during the adoption of the annual budget).
There is a limited exception to this rule, which are economic development incentive packages for
businesses looking to locate substantial jobs and tax base that might otherwise be lost to other
states. This exception would not apply to the situation at hand as ARPA funds are for COVID-19
disaster relief for established businesses. Local governments are also prohibited from funneling
these funds to a nonprofit to manage a grant program as that nonprofit cannot do something that
the appropriating governmental entity is legally prohibited from doing. Additionally, IRS only
allows nonprofits to assist individuals, not other businesses.
Loan programs also present challenges; however, there is a legal argument that a disaster
loan program could meet the two-part test since it (1) could serve a legitimate purpose so long as it
does not compete with private lenders (i.e. interest rates at or above fair market rates) and is tailored
to address the immediate emergency and (2) the repayment aspect of a loan may outweigh the
private interest so long as the entity exhausts other commercial loan opportunities and still has a
need for assistance to keep the business afloat and employees on the payroll. The issue with a loan
program is management and resources of such a program. This would require strict oversite and
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2
reporting requirements and enforcement measures for failing to comply. Such a program would be
time consuming and put stress on currently available resources which would likely require
additional staffing to manage it.
Due to the limitations set forth by State law and legal precedent, the use of ARPA funds
for grants to private entities would be impermissible and a loan program would be a challenging
endeavor for the County. Therefore, it would be my recommendation that ARPA funds be allocated
for other permissible uses so long as those uses do not also conflict with North Carolina law.
HCBOC 032922 ws Pg. 60