111522 ws HARNETT COUNTY BOARD OF COMMISSIONERS
Minutes of Work Session
November 15, 2022
The Harnett County Board of Commissioners met in work session on Tuesday, November 15,
2022 at 9:00 am, in the Commissioners Meeting Room, Harnett County Resource Center and
Library, 455 McKinney Parkway, Lillington, North Carolina.
Members present: Lewis W. Weatherspoon, Chairman
Matt B. Nicol, Vice Chairman
Barbara McKoy, Commissioner
Mark B. Johnson, Commissioner
W. Brooks Matthews, Commissioner
Staff present: Dwight Snow, County Attorney
Brent Trout, County Manager
Melissa Capps, County Clerk
Chairman Weatherspoon called the Harnett County Board of Commissioners meeting to order at
9:00 am.
Commissioner Matthews led the Pledge of Allegiance and invocation.
The following agenda was before the Board of Commissioners:
1. Call to order— Chairman Lewis Weatherspoon
2. Pledge of Allegiance and Invocation—Commissioner Brooks Matthews
3. Discuss additional grant funding from Mid-Carolina Agency on Aging in the
amount of$5,000;John Rouse, Health Director
4. Discuss a Resolution requesting NCDOT add Jenmar Drive and Traverse Drive in
Heritage Haven to the State's Secondary Road System;Jay Sikes, Assistant
Development Services Director/Manager of Planning Services
5. Development Services briefing on upcoming public hearings:
• Proposed Land Use Map Amendment: Case#PLAN2207-0001 Land Owner/
Applicant: G &J Development, LLC/Don Curry, Curry Engineering; PIN #'s
0662-68-5452.000, 0662-68-6638.000 & 0662-68-0457.000; 26.0 +/- acres. The
applicant requests a Land Use Map Amendment from Low Density Residential to
Medium Density Residential; Black River Township; NC 210 North & SR# 1438
(North Harnett School Road).
• Proposed Zoning Change: Case# PLAN2210-0001 Landowner/Applicant:
Vibgyor Reality, LLC/The Site Group; 8.2 +/- acres (out of 22.8-acre tract); Pin
#9587-66-5863.000; From RA-20R to Commercial Zoning District; Intersection
of NC 27 W & SR# 1115 (Buffalo Lake Road) & SR# 1209 (Barbecue Church
Road); Barbecue Township.
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Work Session Minutes
November 15,2022
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6. Discuss the ARPA/CSLFRF Record Retention Policy and ARPA/CSLFRF
Nondiscrimination Policy;Ally Fouts, Lead for North Carolina Fellow
7. Discuss the ARPA/CSLRF Project Ordinance and Amendment;Ally Fouts, Lead for
North Carolina Fellow
8. Discuss Harnett Regional Water Write-offs for the 4th Quarter of 2021; Steve Ward,
HRW Director
9. Discuss the Electronic Records and Imaging Policy; Ira Hall, Chief Information
Officer
10. Discuss the conveyance of Monroe Lane, Erwin Property; Christopher Appel; Senior
StaffAttorney
11. Discuss Jetport Terminal Project Ordinance Amendment; Brent Trout, County
Manager
12. Discuss Resolution to discontinue membership with Southeastern Economic
Development Commission; Brent Trout, County Manager
13. Discuss termination of Talbert& Bright's work authorization for the Jetport
Terminal Construction Project and the issuance of a work authorization with
Parrish & Partners for the Jetport Terminal Construction Project; Brent Trout,
County Manager
14. Review applications to serve on Boards and Committees.
15. Discuss the Capital Improvements Program; Lisa McFadden, Budget Officer
16. County Manager's Report- Brent Trout, County Manager
• November 21, 2022 Regular Meeting Agenda Review
• Upcoming meetings and invitations
17. Closed Session
18. Adjourn
John Rouse, Health Director,reviewed a request from the Harnett County Department of Aging
requesting approval of additional funding from Mid Carolina Area Agency on Aging in the
amount of$5000. These funds will be used to help with Medicare Counseling and Outreach
events. Consensus of the Board was to place this item on the next consent agenda.
Jay Sikes, Assistant Development Services Director/ Manager of Planning Services, reviewed a
Resolution requesting NCDOT add Jenmar Drive and Traverse Drive in Heritage Haven to the
State's Secondary Road System. Consensus of the Board was to place this item on the next
consent agenda.
Chairman Weatherspoon shared he would like to be recused from the discussion on the Proposed
Land Use Map Amendment: Case# PLAN2207-0001, as his third cousin is a part of the G&J
Development. Vice-Chairman Nicol made a motion to recuse Chairman Weatherspoon from the
discussion on the Proposed Land Use Map Amendment: Case# PLAN2207-0001. The motion
was seconded by Commissioner Matthews. The motion carried unanimously.
Mr. Sikes also provided a briefing on the following upcoming public hearings:
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Work Session Minutes
November 15,2022
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• Proposed Land Use Map Amendment: Case# PLAN2207-0001 Land Owner/
Applicant: G &J Development, LLC/Don Curry, Curry Engineering; PIN #'s 0662-68-
5452.000, 0662-68-6638.000 & 0662-68-0457.000; 26.0+/- acres. The applicant requests
a Land Use Map Amendment from Low Density Residential to Medium Density
Residential; Black River Township; NC 210 North & SR# 1438 (North Harnett School
Road).
• Proposed Zoning Change: Case# PLAN2210-0001 Landowner/Applicant: Vibgyor
Reality, LLC/The Site Group; 8.2 +/- acres (out of 22.8-acre tract); Pin#9587-66-
5863.000; From RA-20R to Commercial Zoning District; Intersection of NC 27 W & SR
# 1115 (Buffalo Lake Road) & SR# 1209 (Barbecue Church Road); Barbecue Township.
Ally Fouts, Lead for North Carolina Fellow, reviewed the ARPA/CSLFRF Record Retention
Policy which is one of a few policies that the County should adopt in order to ensure that all
projects utilizing American Rescue Plan Act/Coronavirus State and Local Fiscal Recovery Fund
(ARPA/CSLFRF) monies will be implemented in compliance with federal Uniform Guidance
requirements. This policy specifically establishes standards in relation to documentation
associated with ARP/CSLFRF funds. Uniform Guidance requires the County to maintain
financial records, expenditure justifications, sub award agreements, and other similar
documentation relating to the implementation of ARP/CSLFRF funding for at least five years
after all CSLFRF funds have been expended. Consensus of the Board was to place this item on
the next consent agenda.
Ms. Fouts also reviewed the ARPA/CSLFRF Nondiscrimination Policy which is also one of a
few policies that the County should adopt in order to ensure that all projects utilizing American
Rescue Plan Act/Coronavirus State and Local Fiscal Recovery Fund (ARPA/CSLFRF)monies
will be implemented in compliance with federal Uniform Guidance requirements. This policy
specifically establishes standards to ensure that projects completed with ARP/CSLFRF funds are
aligned with federal policies relating to Civil Rights and Nondiscrimination. Section III
establishes a reporting and enforcement process to ensure that instances of unfair treatment, in
relation to the utilization of ARP/CSLFRF funds, may be reported and followed up with
necessary action. Consensus of the Board was to place this item on the next consent agenda.
Ms. Fouts also reviewed the Grant Project Ordinance created to establish a budget for projects
utilizing American Rescue Plan Act/Coronavirus State and Local Fiscal Recovery Fund
(ARPA/CSLFRF) funds. Adopting this Grant Project Ordinance will allow the County to
document the allocation of funds for each ARPA project with one running document. When
funds are ready to be allocated to each project, Administration will present Amendments to this
Ordinance. Approval of each amendment will give Administration the authority to move forward
with the project. The first proposed Amendment to this Ordinance is to claim the Lost Revenue
Replacement standard allowance of$10,000,000. This will be used to reimburse the County for
staff salaries, which will then allow the County to allocate displaced funding to the other projects
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November 15,2022
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that have been/will be approved by the Board. Consensus of the Board was to place these items
on the next consent agenda.
Steve Ward, Harnett Regional Water Director, reviewed the 4th Quarter write-offs of 2021. All
of these accounts have been delinquent for more than three years and total $14,675.54. The
facilitation of these write-offs is an important step in a continuing effort to effectively manage
our collections and bad debt. HRW is currently using the Local Government Debt Setoff
Program and On-Line Collections, Inc. to help collect our delinquent accounts. We are happy to
report that we have recovered over$818,000 in bad debt previously written off through the Debt
Setoff Program. Consensus of the Board was to place this item on the next consent agenda.
Ira Hall, Chief Information Officer, requested the adoption of the proposed Electronic Records
and Imaging Policy. This policy serves as basic documentation of the procedures followed by
the county in imaging, indexing, auditing, backing up, and purging electronic records in
accordance with the disposition schedule, and in handling the original paper record, if applicable.
Consensus of the Board was to place this item on the next consent agenda.
Christopher Appel, Senior Staff Attorney, reviewed a request for approval of the conveyance of
Monroe Lane property (PIN #0598-42-0907 .000) to Pamela White of 348 Monroe Lane, Erwin.
The Board of Commissioners adopted the Resolution to Convey Certain Real Property on
September 6, 2022. The advertisement for the proposed sale was published in The Daily Record
on October 14, 2022 for the ten day required period. No upset bids were received, therefore Ms.
Pamela White's bid was successful. The property listed at $14,520.00 less the $726.00 deposit
which leaves a remaining balance of$13,794.00 due at the time of signature of the Special
Warranty Deed. Consensus of the Board was to place this item on the next consent agenda.
Brent Trout, County Manager, reviewed the Jetport Terminal Project Ordinance Amendments.
Consensus of the Board was to place these items on the next consent agenda.
Mr. Trout also reviewed a request regarding the possibility of discontinuing membership in the
Southeastern Economic Development Commission is presented for discussion by the Board of
Commissioners. The board heard a presentation about three months ago regarding the purpose
of the SEDC. I have attached the power point presentation done by Christian Lockamy
regarding the SEDC. The SEDC is an Economic Development Commission responsible for
developing regional economic development strategies. Harnett County currently pays $12,021
per year to be a member of SEDC. In recent discussions with board members it was brought up
that they would like to discuss the possibility of discontinuing our membership in the SEDC.
There is a two year notification period before it would become effective that we are no longer a
part of the SEDC. In other words if the Board of Commissioners were to decide to leave SEDC
in November of 2022 we will continue as a member until November of 2024. We will continue
to pay our dues during this period per the agreement. Once we are withdrawn from the district a
county may rejoin the district by executing a resolution expressing an interest in membership
again. The application for reinstatement must be approved by 100%of the member counties. If
a County drops its membership twice it will not be able to rejoin the District program. The
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pursuit of Economic Development Administration grants is a function of our membership with
the SEDC. SEDC creates the Comprehensive Economic Development Strategy(CEDS) for the
region we are currently affiliated with. Communities must provide a proof of CEDS compliance
letter with their EDA grant when applying for an EDA grant to get full points on their
application. If the board decides to discontinue membership with SEDC we will need to work to
establish an alignment with a different Economic Development District to have the qualifying
proof of CEDS compliance. Consensus of the Board was to place this item as an individual
action item on the next agenda.
Mr. Trout also reviewed a request regarding the termination of Talbert & Bright's work
authorization for the Jetport Terminal Construction Project and the Issuance of a Work
Authorization with Parrish & Partners for the Jetport Terminal Construction Project. Talbert and
Bright Inc. is one of two Engineers of Record approved by the North Carolina Department of
Aviation for Harnett County. Talbert and Bright currently has the work authorization for the
Concrete Apron project at the Jetport and the Jetport Terminal project. The other Engineer of
Record is Parrish and Partners. Parrish and Partners currently has the work authorization to
create the Master Plan for the Harnett County Jetport. The apron project is currently under
construction by Zachary Construction with Talbert and Bright performing the contract
administration for the project. The Jetport Terminal project has been designed by Talbert and
Bright and the low bid was awarded to Jackson Builders. We are currently waiting on the
execution of the contract with a start date for the project to occur on December 12, 2022 with a
completion date not later than March 31, 2024. A Commissioner has requested that I place an
item on this work session agenda for the termination of the work authorization for Talbert and
Bright for the Jetport Terminal project. The contract for the work authorization allows for two
reasons that the County may decide to terminate the contract. They are a termination for default
and termination for convenience. The default provision refers to a termination "for cause if the
other party fails to fulfill its obligations that are essential to the completion of the work per the
terms and conditions of the contract." The termination for convenience means "convenience and
without cause or default on the part of the engineer." The current consideration expressed to me
is that the work authorization contract for the Jetport Terminal Project would be a termination for
convenience. We do not see any conditions for breach of contract or default at this time. If the
contract expires or is terminated early prior to completion of the project, the County would not
retain ownership of the architectural plans,but instead remain those of Talbert & Bright. If the
contract is terminated and the County desires to use the plans, the County would do so at it's own
risk unless the County obtains written verification or adaptation by Talbert & Bright for the
specific purposes intended by the County. It is also important to note that Talbert & Bright is
under no obligation to provide such authorization or adaptation. If the County failed to obtain
authorization or adaptation, Talbert & Bright would not be liable for any issues that arise from
the use of the plans and the County would be required to indemnify and defend Talbert & Bright
if a third party filed a claim against them. The following paragraph is the specific contract
provision that addresses the reuse of documents: Reuse of Documents: All documents, including
drawings and specifications prepared by ENGINEER pursuant to this Contract, are instruments
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of service in respect of the Project and remain the property of the ENGINEER. They are not
intended or represented to be suitable for reuse by the OWNER or others on extensions of the
Project or on any other Project. Any reuse without written verification or adaptation by
ENGINEER for the specific purposes intended will be at the OWNER's sole risk and without
liability or legal exposure to ENGINEER; and the OWNER shall indemnify and hold harmless
ENGINEER from all claims, damages, losses and expenses including attorney's fees arising out
of or resulting therefrom. Any such verification or adaptation will entitle ENGINEER to further
compensation at rates to be agreed upon by the OWNER and ENGINEER. Notwithstanding
these provisions the OWNER shall be provided upon request a reproducible copy of any final
drawing produced under this Contract at the cost of reproduction. Consensus of the Board was to
place this item as an individual action item on the next agenda.
The Board of Commissioners reviewed applications to serve on Boards and Committees. The
Board requested the following be placed on the next consent agenda:
• Approve the resignation of Dotty Womack, District 4 on the Harnett County Public
Library Board of Trustees and appoint Dotty Womack as the Boone Trail Representative
for this board.
• Approve the appointment of Ethan Alexander-Davey, as District 4 representative on the
Harnett County Public Library Board of Trustees.
• Accept the resignation of Ricky Ray, Business/Tourism Related–District H
representative on the Harnett County District H Tourism Development Authority and
appoint Evan Budrovich for the vacant seat.
Lisa McFadden, Budget Director, reviewed the recommended 2024-2030 Capital Improvements
Program. Next steps included a public input session at the November 21, 2022 Board meeting
and possible approval at the December 5, 2022 Board Meeting.
Commissioner Matthews made a motion to go into Closed Session to consult with the County's
legal counsel in order to preserve the attorney-client privilege concerning the handling of certain
litigation including the following case: Workers Compensation Claim of Jennifer Raba; IC File
No. 22-030689. This motion is made pursuant to NC General Statute Section 143-318.11 (a)(3).
The motion was seconded by Vice Chairman Nicol and carried unanimously.
Following a motion to come out of Closed Session, Chairman Weatherspoon called the meeting
back into open session.
Vice Chairman Nicol moved to adjourn the meeting at 11:14 am. Commissioner Matthews
seconded the motion that carried unanimously.
•�.. I'��i ——
Lewis spoon, Chairman Melissa D. Capps, Cler
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