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Home My WebLink AboutApril 14, 2025 Work Session MeetingAGENDA Lillington Board of Commissioners Work Session Meeting Lillington Town Hall 102 E. Front Street Lillington, North Carolina 27546 April 14, 2025 8:30am CALL TO ORDER MAYOR GLENN MCFADDEN NEW BUSINESS Item #1 Call Special Meeting for a Budget Work Session Glenn McFadden, Mayor Item #2 Consideration and Approval of Pyro Shows East Coast, Inc. Contract Agreement Lindsey Lucas, Town Clerk Item #3 Discussion Regarding Resolution of Commitment To The NC Main Street & Rural Planning Center to Participate In The Downtown Associate Community Program If Selected Jillian Brookshire, Planning Technician Item #4 Discussion Regarding Laydown Yard for Sanford Contractors and South Regional Sewer – Voluntary Use Agreement Shane Cummings, Town Engineer Item #5 Administrative Reports A.Presentation of the Monthly Financial Report Lisa Young, Assistant Town Manager B. Presentation of Town Manager’s Report Joseph Jeffries, Town Manager Item #6 Discussion of Regular Meeting Agenda for April 15, 2025 Joseph Jeffries, Town Manager ADJOURNMENT AGENDA ITEM SUMMARY Date of Meeting: April 14, 2025 Staff Work By: Joseph Jeffries, Town Manager Lisa Young, Assistant Town Manager AGENDA ITEM Call Special Meeting -Discussion of FY25-26 Budget Work Session. ITEM SUMMARY The agenda item is to discuss the FY2025-26 Budget Work Session. Staff is working on the draft budget for the upcoming fiscal year. Staff will review the proposed budget with the Town Board and make any necessary amendments. Any amendments would be included in the final budget prior to presentation to the Town Board. KEY DATES: •G.S. 159-10 – Departmental requests due to budget officer before April 30. •G.S. 159-11(b) – Budget and budget message submitted to governing board not later than June 1 •G.S. 159-13(a) – Budget ordinance adopted not later than July 1. RECOMMENDED ACTION Call a Special Meeting May 20th or May 22nd for presentation of the Proposed FY25-26 Budget. AGENDA ITEM #1 AGENDA ITEM SUMMARY Date of Meeting: April 14, 2025 Staff Work By: Joseph Jeffries, Town Manager Lisa Young, Assistant Town Manager Lindsey Lucas, Town Clerk AGENDA ITEM Consideration of Approval of Pyro Shows East Coast, Inc. Contract Agreement ITEM SUMMARY The purpose of this agenda item is to review and discuss the Agreement with Pyro Shows East Coast, Inc. This agreement is for the fireworks at the Town of Lillington’s 4th of July celebration. RECOMMENDED ACTION Approve the Agreement between the Town of Lillington and Pyro Shows East Coast, Inc AGENDA ITEM #2 AGENDA ITEM SUMMARY Date of Meeting: April 14, 2025 Staff Work By: Jillian Brookshire, Planning Technician AGENDA ITEM Discussion Regarding Resolution of Commitment To The NC Main Street & Rural Planning Center to Participate In The Downtown Associate Community Program If Selected ITEM SUMMARY Attached for your consideration is a Resolution of Commitment To The NC Main Street & Rural Planning Center to Participate In The Downtown Associate Community Program If Selected RECOMMENDED ACTION None AGENDA ITEM #3 TOWN OF LILLINGTON 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2654 ● Fax (910) 893-3693 ● www.lillingtonnc.com RESOLUTION FY 2025-13 RESOLUTION OF COMMITMENT TO THE NC MAIN STREET & RURAL PLANNING CENTER TO PARTICIPATE IN THE DOWNTOWN ASSOCIATE COMMUNITY PROGRAM IF SELECTED WHEREAS the Town of Lillington desires to be selected as a community participating in the Downtown Associate Community program administered by the NC Main Street & Rural Planning Center; and WHEREAS the Town of Lillington and its Council embraces the concept of downtown revitalization as economic development within the context of historic preservation and wishes to ensure the ongoing vitality of its downtown business district and support the local downtown initiative administered by an appointed downtown comittee; and WHEREAS the Town of Lillington and its Council understands that the Downtown Associate Community program will focus on the organizational development process for up to two years to create a sustainable downtown organizational structure to implement a vision, develop strategies, and produce action plans; and WHEREAS the Town of Lillington is dedicated to utilizing the foundation of the National Main Street Center’s Main Street Four-Point Approach® to downtown revitalization and the principles of Organization, Design, Promotion, and Economic Vitality; and WHEREAS the Town of Lillington recognizes the nationwide success of the principles of the Main Street Program for the creation of new businesses, significant private sector capital investment that increases the property tax base, and a significant increase in net employment; and WHEREAS the Town of Lillington will agree to budget up to $10,000 for fiscal years 2025-2027, to reimburse the NC Main Street & Rural Planning Center for travel-related expenses at the current IRS rate as well as lodging and meals at the state per diems when applicable and for travel and training of designated coordinator for the local Downtown Associate Community program; WHEREAS the Town of Lillington agrees that if selected acknowledges that selection does not guarantee future designation as a North Carolina Main Street community. Town of Lillington | 2 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com WHEREAS the Town of Lillington and its Council understands that the foundation of a successful local Downtown Associate Community program is based on the knowledge that both the public and private sectors have a vital interest in the success of the downtown business district and must partner together for it to succeed. Now, therefore, BE RESOLVED that the Lillington Board of Commissioners endorses the Town of Lillington’s application to the North Carolina Department of Commerce, NC Main Street & Rural Planning Center for participation in the Downtown Associate Community program; and BE IT FURTHER RESOLVED that the Town of Lillington and its Council commits a staff position to the administration of the local Downtown Associate Community program. Adopted this 15th day of April, 2025 Attest: ___________________________ ________________________ Lindsey B. Lucas, Town Clerk Glenn McFadden, Mayor AGENDA ITEM SUMMARY Date of Meeting: April 14, 2025 Staff Work By: Shane Cummings, Town Engineer AGENDA ITEM Discussion Regarding Laydown Yard for Sanford Contractors and South Regional Sewer– Voluntary Use Agreement ITEM SUMMARY Discussion Regarding Laydown Yard for Sanford Contractors and South Regional Sewer – Voluntary Use Agreement RECOMMENDED ACTION None AGENDA ITEM #4 VOLUNTARY USE AGREEMENT This Agreement is made on this the _____ day of ________________, 20________ by and between SANFORD CONTRACTORS, INC. (“SC”), and the TOWN OF LILLINGTON (“TOWN”). PREMISES: Town hereby agrees, without consideration, to allow SC to use the property owned by Town located at Ochiltree and McNeil Street in the Town of Lillington, more specifically described in PIN - 0559-85-1555.000, PID - 100569 0081 (the “Premises”), to be used as a staging area from the date of this agreement until September 30, 2026 or termination thereof by Town, whichever is sooner. USE: SC shall use the Premises solely for storage of SC’s personal property and solely for property and/or equipment which is used by SC for Town contracts entered into between the parties. Use of land shall be accordance with South Regional Sanitary Sewer Project Manual, including but not limited to sections 5.02 and 7.13 of the General Conditions and Section 01550 of the specifications. SC shall immediately notify Town in writing in the event of any injury or damage to persons, entities or property which are related to the Premises or of any filed, alleged or threatened action against SC related in any way to the use of the Premises. SC shall immediately notify Town in writing in the event SC becomes aware of any hazardous condition on the Premises. INDEMNIFICATION AND HOLD HARMLESS: SC agrees to indemnify and hold harmless Town from against all claims, suits, and causes of action, demands, penalties, losses or damages which may arise or accrue because of any actions of SC on, or in any way related to SC’s use of, the Premises. COMPLIANCE WITH THE LAWS AND REGULATIONS: SC expressly agrees to comply with and abide by all applicable laws, ordinances, codes and regulations insofar as the same may be applicable to the Premises, including all rules and regulations now existing or that may be promulgated under and in accordance with any such law or laws. INSURANCE: SC will maintain General Liability Insurance in the amount of at least one million dollars which shall cover any and all of SC’s actions on or involving the leased premises and any of SC’s property located thereon and provide proof of same to Town upon request. OTHER: Return of Property. At the end of the lease, SC agrees to return the property to the same condition as it was as of the date of this Agreement and to remove any and all property of SC within 30 days. Independent Contractor. SC’s use of the Premises is as an independent Contractor and SC shall have and maintain complete control over its employees, agents and operations when on the Premises. Drafting of Document and Reliance by Parties. In negotiation, discussion and drafting of this contract, the parties have been advised to seek legal counsel for representation to the extent they desire and have been given the opportunity to do so. The parties warrant, represent and agree that they are not relying on the advice of any other party to this contract as to the legal or other consequences arising out of the negotiation and execution of this contract other than legal counsel to the extent they have chosen to consult legal counsel. The parties warrant and agree that this contract was not induced by fraud, coercion, compulsion or mistake. This contract shall be deemed to have been drafted by both parties and for purposes of interpretation no presumptions shall be made to the contrary. Reading and Signing. The parties hereby further warrant that they have completely read all the terms hereof; that they are competent to sign this contract; that they fully understand the terms of this Agreement; and that they voluntarily accept the terms of this Agreement. Entire Agreement. The parties hereto warrant and agree that this Agreement contains the entire agreement between the parties as the SC’s use of the Premises and that the terms of this Agreement are contractual and not a mere recital. Governing Law and Consent to Jurisdiction and Venue. The parties warrant and agree that this Agreement has been executed in the State of North Carolina and shall be subject to, and construed in accordance with, the laws of the State of North Carolina. Any and all actions relating in any way to this contract shall be brought in the General Courts of Justice in the County of Harnett, State of North Carolina in the District Court Division and the parties hereby consent and agree to said exclusive jurisdiction and venue. Indemnification/Hold Harmless. To the fullest extent allowable under North Carolina law, SC hereby agrees to indemnify, hold harmless and defend Town from any and all actions which may arise as a result of any damages or claims for damages against SC or Town by any person or entity, including other parties hereto, arising from SC’s use of the Premises as called for herein. Awareness of Hazards. SC represents that it understands the currently known hazards to persons, property and the environment resulting from the use of the Premises by SC. Contractor further represents that it will use the Premises in a safe, efficient and lawful manner, using industry-accepted practices and methods. Waiver Only for Specific Occurrence. Any waiver by either party of any provision or condition of this Agreement shall not be construed or deemed to be a waiver of any other provision or condition of this Agreement, nor a waiver of a subsequent breach of the same provision or condition. Waiver of Less Than Strict Performance. Failure to require strict performance of any of the provisions hereof shall not be considered a waiver of future right to demand strict performance with the provisions of this Agreement. No Third Party Beneficiaries. Nothing contained in this Agreement shall create a contractual relationship with or cause of action in favor of a third party against either Party. Termination. It is understood that Town shall have the right to terminate this Agreement at any time and for any reason without prior notice. In the event of termination, SC shall have 30 days to remove any and all property from the premises. Collection Costs and Reasonable Attorney Fees. In the event either party is caused to engage the services of an attorney to enforce the terms of this Agreement, the prevailing party shall be entitled to recover the costs of such enforcement including, but not limited to, reasonable attorney’s fees, court costs and other fees and costs reasonably incurred. Headings. The subject headings of the paragraphs are included for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions. Authority. The undersigned persons hereby verify that they have the actual and apparent authority to enter into this contract and that any and all action necessary to approve this contract has been undertaken and approved by said entities. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. ____________________________ FOR SC _____________________________ FOR TOWN AGENDA ITEM SUMMARY Date of Meeting: April 14, 2025 Staff Work By: Joseph Jeffries, Town Manager Lisa Young, Assistant Town Manager Alicia L. Adams, Administrative Services Director Ashley Wimberly, Public Works Director Frank Powers, Police Chief John Bethune, Fire Chief William Baker, Parks & Recreation Director Brandon Harris, Assistant Parks & Recreation Director Josh Perry, Planning & Inspections Christy Norris, Youth Programs AGENDA ITEM Administrative Reports. ITEM SUMMARY Monthly reports covering administrative and department activities, financial summaries and public utility usage information RECOMMENDED ACTION Receive information and direct staff, if applicable. AGENDA ITEM #5 AGENDA ITEM SUMMARY Date of Meeting: April 14, 2025 Staff Work By: Joseph Jeffries, Town Manager Lisa Young, Assistant Town Manager Lindsey B. Lucas, Town Clerk AGENDA ITEM Discussion of Regular Meeting Agenda ITEM SUMMARY The purpose of this agenda item is to allow the Town Board an opportunity to ask questions regarding the Regular Meeting agenda for April 15, 2025. RECOMMENDED ACTION No Action Required. AGENDA ITEM #6