News Release Full Story

FAYETTEVILLE, N.C. – The following is a summary of the June 13, 2024, Cumberland County Board of Commissioners Agenda Session, which was held at 1 p.m. in Room 564 of the Judge E. Maurice Braswell Cumberland County Courthouse. To view the agenda and supporting materials for this meeting, go to www.cumberlandcountync.gov/bocmeetingmaterials.

Mary Kate Burke, Artistic Director of the Cape Fear Regional Theatre, along with Managing Director Ella Wrenn, gave a presentation about the theater, including the theater’s role in the community and plans for the ongoing Capital Improvement Plan to renovate and expand the theater. They said they have currently raised $15.6 million for the project, which is expected to cost between $20 million and $22 million, and said they are seeking additional funds to complete the project. Cape Fear Regional Theatre is located at 339 Devers Street, Fayetteville. For more information, visit https://www.cfrt.org/ or contact 910-323-4233 Tuesday through Friday between 1 p.m. and 6 p.m.

The Board voted unanimously to move the following items to the June 17, 2024 Regular Meeting to be approved as part of the CONSENT AGENDA:

1. Contract Amendment for Security Services with North State Security Group, LLC.: Brenda Jackson, Department of Social Services Director, presented. The purpose of this contract amendment is to continue to maintain three-armed private security guards at the main DSS facility on Ramsey Street and one armed private security guard at the Family Resource Center facility in Spring Lake, which includes security for Public Health and the Public Library sites. The current contract with North State Security Group expires June 30, 2024. A Request for Proposal (RFP) process has been completed, but the department is requesting to extend the North State contract through December 31, 2024 to allow for the transition to a new vendor beginning January 1, 2025.
2. Amendments to FACVB Bylaws: Devin Heath, DistiNCtly Fayetteville CEO, presented. The FACVB (DistiNCtly Fayetteville) requests approval of amended bylaws which have been approved by the FACVB’s board. The Board of Commissioners created the FACVB as a nonprofit corporation in 1997 and approved bylaws for the organization. The County Attorney recommended the Board consider the amendments to the FACVB’s bylaws and either approve as presented or request modifications.
3. Grant of Easements to City of Fayetteville for Water and Sewer Lines Adjacent to Ray Avenue on the Library Property: Rick Moorefield, County Attorney, presented. The City of Fayetteville requested water and sewer easements on the Headquarters Library property adjacent to Ray Avenue. The areas of the two permanent easements are 241 and 543 square feet. Temporary construction easements of 307 and 608 square feet are included and will be extinguished when the project is completed. The County Attorney reviewed the project drawings of the easements and determined they do not interfere with the use of the library.
4. Grants of Utility Easements to Piedmont Natural Gas and South River Electric Membership Corporation: Rick Moorefield, County Attorney, along with Robert Van Geons, President and CEO of the Fayetteville Cumberland Economic Development Corporation (FCEDC), presented. Piedmont Natural Gas (PNG) and South River Electric Membership Corporation (SREMC) have made separate requests for utility easements on two vacant parcels in the Cumberland Industrial Center and on the Sand Hill Road Site. PNG offered total compensation of $147,238. SREMC has not offered any compensation for their easement. The new easements would cause a triangle portion of the Sand Hill Road site lying west of the existing utility easements to be abutted by utility easements on two sides and another utility easement through its center. The County Attorney stated that it is unlikely the land can be developed or used for any purpose and advised the Board to consider whether it wants to seek compensation for the damage caused to this remainder by the impact of the new easements.
5. Revision of the Minimum Housing Code: Rick Moorefield, County Attorney, presented. The county attorney has rewritten the Minimum Housing and Nonresidential Building Code to eliminate provisions for nonresidential buildings and add abandoned structures. All minimum housing cases which have been brought to the Board for a demolition ordinance were abandoned structures. The County Attorney advised that having abandoned structures in the minimum housing ordinance will be the most efficient way to handle them in the future. The other amendments are intended to align with Chapter 160D of N.C. General Statutes. The Board must advertise and conduct a public hearing before adopting the revision. Because it would impose a criminal penalty on the owner of a dwelling, it must be voted on and approved by the Board at two meetings. The County Attorney recommended the Board approve the revisions and direct it to be placed on either the August 5 or 19 meeting at which the public hearing can be conducted.
6. Termination of Water Service Utility Agreement with JFJ III Investments for Deer Meadow Subdivision: Jermaine Walker, Engineering and Infrastructure Director, presented. The Board of Commissioners approved a Water Service Utility Agreement with JFJ III Investments LLC for the Deer Meadows Subdivision on February 15, 2021. The developer has informed Public Utilities they no longer plan to develop the subdivision and are requesting to terminate the original project request and reallocate the capacity approved for the Deer Meadows Subdivision to the future Tri-County Subdivision development off Rufus Johnson Road.
7. Water Service Utility Agreement with JFJ III Investments, LLC, for Tri-County Subdivision: Jermaine Walker, Engineering and Infrastructure Director, presented. The Public Utilities Division received a request from JFJ III Investments LLC to connect a 15-lot subdivision to the existing Southpoint water system located in the Gray’s Creek Water and Sewer District. Upon completion of construction of the water lines and written acceptance of the as-builts and certifications the utility mains shall be the property of Gray’s Creek Water and Sewer District and will be operated and maintained as part of the existing Southpoint water system.
8. Updated Fayetteville Area Metropolitan Planning Organization (FAMPO) Memorandum of Understanding and Boundary Map: As a result of the decennial 2020 US Census, all Metropolitan Planning Organizations (MPOs) are required by the Code of Federal Regulations to update their respective organizational boundary map to account for both recorded and anticipated 20-year regional growth in population. As part of this boundary assessment and expansion, a new Memorandum of Understanding (MOU) must be adopted between all participating agencies that will be affected by the expansion. FAMPO has completed its assessment of the proposed boundary expansion to include all of Cumberland and Hoke Counties, a majority of Harnett County, and portions of Robeson and Moore Counties.
9. Lease Agreement with the North Carolina Department of Agriculture Plant Industry Division: Brian Haney, Assistant County Manager General Government and Stewardship, presented. The North Carolina Department of Agriculture Plant Industry Division currently leases approximately 368 +/- square feet of space at the Charlie Rose Agri-Expo Center from Cumberland County for the operation of its Witchweed Program. This space is leased at a rate of $15.00 per square foot or $5,520.00 per year payable in equal monthly installments of $460.00 per month. The proposed term of the lease is January 1, 2024 to December 31, 2026. All the terms in the proposed lease remain the same.
10. Amendment to County Purchasing Policy: Brian Haney, Assistant County Manager General Government and Stewardship and Interim Finance Director, presented. On February 14, 2024, the Cumberland County Community Transportation Program received a letter from the NC Department of Transportation Integrated Mobility Division (IMD) following a Proficiency Review conducted on January 31, 2024. The review looked at policy compliance with State and Federal (FTA) requirements. One deficiency related to procurement and requires that the County revise its procurement policy to include bid protest procedures when FTA (Federal Transit Administration) funds are to be used in a procurement and submit the updated policies to IMD for review and approval. The proposed amendment to the County's Purchasing Policy includes language to address the deficiency and corrective action included in the Compliance Review Deficiency Report.
11. Service Agreement with Smith Gardner, Inc. for Leachate Treatment Project Engineering Report: Amanda Bader, General Manager of Natural Resources, presented. At the March 18, 2024, Board of Commissioners meeting the Board accepted the selection of Smith Gardner, Inc. as the best qualified engineering firm to provide solid wastewater quality services. The County has been awarded funding for design and construction of a leachate treatment system for PFAS removal through the BIL Clean Water State Revolving Fund (SRF) Emerging Contaminants (EC) loan. The General Manager for Natural Resources and County Management recommend approval of the Service Agreement with Smith Gardner in the amount of $105,000 and authorizing the Chairman to execute the contract following Finance and Legal review.
12. Onsite Fuel Supply Contract Amendment for Solid Waste: Amanda Bader, General Manager of Natural Resources, presented. The Onsite Fuel Supply Contract for Solid Waste Department was approved by the Board of Commissioners on November 20, 2023, and was not to exceed the amount of $327,500 for the Fiscal Year 2024 contract term. There has been an increase in the required amount of fuel and the price. The contract amendment is to cover the cost for fuel through June 30, 2024 at an amount of $447,500. Funding is available within the Solid Waste budget.

The Board received updates on the following items under OTHER ITEMS:

1. Updated Commissioner Bio Format on County Website: Brian Haney, Assistant County Manager for General Government and Stewardship, presented an updated format for sharing Commissioners’ biographical information on the County Website. The update was requested by Board Chairman Glenn Adams and includes a drop-down menu providing information related to specific categories. Chairman Adams requested the Board review the new layout and request any recommended changes.
2. Updated Information Regarding the Fayetteville Cumberland Parks and Recreation Budget: Clarence Grier, County Manager, shared a request from the City of Fayetteville to amend the County’s existing Operations Agreement with the City for the consolidated Fayetteville-Cumberland Parks and Recreation Department. Per the agreement, the County currently pays the City $60,000 per year for indirect costs. The City is asking for those costs to be based on the City’s most recently completed Cost Allocation Plan, which was last completed for FY 2021 and includes an amount for Parks and Recreation of $471,900. Grier said he has asked the City to provide more current indirect cost information, which has not been made available. He recommended bringing the agreement back before Commissioners once the requested information was provided.

Commissioners received the following MONTHLY REPORTS in their agenda packet:

1. Health Insurance Update
2. Financial Report
3. Project Update

The Board went into CLOSED SESSION discuss Property Acquisition pursuant to NCGS 143-318.11(a)(5).

The Board returned from closed session and adjourned the meeting at 2:27 p.m.

Meetings are live streamed on CCNC-TV though the County’s website at cumberlandcountync.gov, YouTube Channel and on CCNCTV Spectrum Channel 5. All documents associated with this meeting can be found on the Cumberland County website to include meeting agendas, minutes and links to the videos under the Board of Commissioners tab.

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