Minutes oft the Meeting of The Liberty Town Council Held on February 26, 2024 5:30 pm Present Mayor: : Council: The Honorable Filmore York and Terry Caviness Scott Kidd Jessica Brown Bill Flowe Don Herndon, Tyson Nixon, Larry Coble, Greg Carpenter, Town Manager: Town Clerk: Town Attorney: Staff: Assistant Town Manager; Janie Phelps, Interim Parks and Rec Director; Kolby Mcpherson, Police Chief; David Semrad, Planning and Zoning Consultant; Reynolds Neely Code Enforcement; Derek and Nicole Mabe, and Public Works Director; Joseph Walsh ToOrder The Mayor welcomed everyone and noted all Council Members were present. Pledge of Alegrance/nyocation join in al Moment of Silence. Adoption of Agenda Mayor Filmore York led the Pledge of Allegiance and then the Mayor asked everyone to Council Member Tyson Nixon made a motion to adopt the agenda with the correction of the dates of the Closed Session Minutes under Approval of minutes from November 20. 2024 and November 27,2024 to November 20, 2023 and November 27, 2023. Council Member Terry Caviness seconded the motion which passed unanimously: Council Member Larry Coble voted yes, Council Member Don Herndon voted yes, Council Member Tyson Nixon voted yes, Council Member Terry Caviness voted yes, and Council Member Greg Carpenter voted yes. The agenda was approved with the correction oft the dates to the Closed Session Minutes. Linda Brown - RCC Update She thanked us for having her and thanked Board of Trustees Member Andy Sykes for being there. She is the Strategic Planning Officer at Randolph Community College. Dr. Shah was unable to attend. They are working on 2024-2 2030 now focusing on: Curriculum, Workforce development and continuing education. The County and region are changing with up to 16,000 new jobs from manufacturers such as Toyota and Wolfspeed. She said RCC wants to stand for Relevant Careers Commitment and for equal opportunity and access. With the acquisition of property at 421 and 49 they will have more space and plan to also utilize buildings on campus that are not being used as well. They will be having twenty different Public Meetings where citizens can give their input. They want to keep everyone informed. Code Enforcement Report - Derek Mabe Code Enforcement Officer Derek Mabe went over highlights and the Notices of Hearings for some older cases. The junk vehicles at W Brower have been cleaned up as well as the junk pile of cat food cans on Starmount. He has been informed that the Town plans to move on to another Code Enforcement Company and thanked them for allowing them to serve here. Public Hearing LDP (Land Development Plan) Assistant Town Manager Janie Phelps came forward. She referenced thel LDP on the screen. She thanked everyone for their work on it including the PTRC. This plan will help to maintain the zoning regulations and be used as a guide for growth and rezoning. Jose Colon with the PTRC came forward. Hei is excited to finalize the plan. He showed the Plan sections: Table of Contents, Introduction, Existing Conditions, Public Involvement, Design Guidelines, Development and Future (maps). We had two Public Input sessions in 2023 and online surveys. People like the small town rural feel ofLiberty and they are concerned about losing that charm. The policy areas are: Residential development, Commercial Development (downtown and main street), Industrial Development, Megasite Development, Economic Development, Historic Preservation, Community facilities and utilities, Transportation, Open Space, Annexation, and Maps. Planning and Zoning Consultant Reynolds Neely came forward to speak. He said this has taken a long time and thanked the Council. 160 D put an emphasis on updating the Plan and the Planning Board has been diligent in shepherding the process. COVID caused delay because the world shut down right when we were ready for public input. This isa great guide for Liberty's future. It gives guidance to developers and investors and can be used by everyone. There is emphasis on keeping a small town atmosphere which will be a Mayor York called the Hearing to order at 6:03 PM. Council Member Nixon asked about the history which had some errors. Mr. Colon said it can be adopted with the pending change. Council Member Coble asked about annexations. Mr. Neely said this is geared towards voluntary annexations. The Town Manager said this is a living document and it Council Member Don Herndon motioned to approve the Resolution to Adopt the Land Development Plan and finds the amendment is consistent with NCGS 160 D with the omission of! part oft the history which was deemed incorrect. Council Member Tyson Nixon seconded the motion which passed unanimously with Council Members: Larry Coble, Terry Caviness, Don Herndon, Tyson Nixon and Greg Carpenter voting yes. The challenge. He is planning to retire a second time. can change. The Hearing was closed at 6:08 PM. LDP Plan was adopted. Public Hearing EHC Builders Map Amendment R6 tol RMF This is a request from EHC Builders for a map amendment from R6 to RMF (Residential Multifamily) on parcels 8727816041, 8727802663, 8727805663, and 8727808644 which are approximately 8.61 acres, located off W Butler Ave Extension. Janie Phelps gave the staff report which says the LDP supports this. The applicant is present. Mayor York opened the Hearing at 6:10 PM. Shorty Colbentz of EHC Builders came forward to speak. She plans to construct TownHomes which would be handicap accessible. Tom Meacham handed out some ofher plans to the Council. They would be three or two bedroom homes with two baths, garages, street lights, and sidewalks. There would be some done in brick and some in stone. It would be done inj phases. Council Member Coble asked how many units it would be. Ms. Colbentz said twelve units to start and eventually fifty five. She is naming them after her son and grandson. Mayor York asked if they would all have garages and she said yes. Council Member Nixon asked if there would be a type ofHOA overi it and she said yes. Town Attorney Bill Flowe read Public Comment rules.Resident Rodney Hollar came forward to speak and said he was also speaking for the four adjacent property owners as well. He thought it would just be twelve and now he hears fifty five. Will the ten foot buffer be left? They would like an eight foot privacy fence (including neighbors David McClean and James Jefferson). Janie Phelps came back up. She said they cannot apply conditions to General Use. They will have to: meet buffer and watershed requirements. She said the site plans are all conceptual and cannot base their decision on that. Council Member Caviness said when site plans are submitted they will have to include required buffers. Ms. Phelps said they will verify setbacks and lighting when reviewing site plans. The Hearing was closed at Council Member Larry Coble made ai motion to approve the rezoning request from R6t to RMF for EHC Builders and found it consistent with the Land Development Plan. Council Member Tyosn Nixon seconded the motion which passed unanimously with Council Members: Larry Coble, Terry Caviness, Don Herndon, Tyson Nixon, and Greg Public Hearing Amendments to' Town Ordinances - consolidate definitions and Revise These are several amendments to Town Ordinances to consolidate definitions and revise livestock regulations within Town limits. Janie Phelps came forward. She updated some definitions and took them from ordinances and put them in one chapter through the letter "b".There is a trend for people to be more self-sustaining. She added goats and miniature goats into livestock, and removed the requirement for a permit. The definitions are from APA American Planning Association. Nothing changes with the chicken ordinances. The Mayor called the Hearing to order at 6:50 PM. There was no one to speak to sO it Council Member Don Herndon made a motion to approve the amendments to the Town Ordinances including consolidating definitions and revising the livestock regulations and found them tol be consistent with the LDP. Council Member Terry Caviness seconded the motion which passed unanimously with Council Members: Larry Coble, Terry Caviness, Don Herndon, Tyson Nixon and Greg Carpenter voting yes. The text amendments were 6:35 PM. Carpenter voting yes. The map amendment was approved. livestock regulations within town limits was closed. approved. Public Hearing annexation 10046 Old Liberty Road (Police Station) This is a request by the Town to annex the property located at 10046 Old Liberty Road, identified by Randolph County as PIN # 8726349236 which is where the new Police Mayor York called the Hearing to order at 6:53 PM. There were no speakers and the Council Member Terry Caviness made a motion to approve the annexation of 10046 Old Liberty Road into the Town. Council Member Larry Coble seconded the motion which passed unanimously with Council Members: Larry Coble, Terry Caviness, Don Herndon, Greg Carpenter, and' Tyson Nixon voting yes. The resolution for annexation was Station is located. Hearing was closed. approved. Public Hearing CDBG (Community Development Block Grant) Closeout- Correction to This Public Hearing isi necessary to correct previous amounts for budgeted sewer improvements and deobligated grant funds that were reported at the December 22, 2023 Closeout Hearing. Jesse Day, grant administrator with the PTRC came forward and said this is clean up from the December Hearing. The numbers were incorrect due to $12, 000 Mayor York opened the Hearing at 6:55 PM and there were no speakers and it was then Council Member Tyson Nixon made a motion to approve the corrected closeout forms for CDBG. Council Member Don Herndon seconded the motion which passed unanimously with Council Members Larry Coble, Terry Caviness, Don Herndon, Greg Carpenter, and form in grant funds because private sewers did not qualify. closed. Tyson Nixon voting yes. Approval ofl Minutes Council Member Larry Coble made ai motion to approve the minutes from the Closed Sessions on November 20, 2023 and November 27, 2023, Work Session January 16, 2024, and Council Meeting January 22,2024. Council Member Greg Carpenter seconded the motion which passed unanimously: Council Member Don Herndon voted yes, Council Member Tyson Nixon voted yes, Council Member Greg Carpenter voted yes, Council Member Terry Caviness voted yes and Council Member Larry Coble voted yes. The minutes were approved. Old Business Appoint Joseph Walsh to the Eastern Randolph Water and Sewer Advisory Board The consensus of the Council is to appoint Public Works Director Joseph Walsh to the Eastern Randolph Water and Sewer Advisory Board. New Business New Position to Payscale -) Buildings and Grounds Maintenance This is a new position to add to thej pay scale for someone to help maintain and oversee the buildings and grounds for the Town. Wel have had a resignation of someone who was working thirty two hours a week in Public Works. The Town Manager said it had to be included in a new position. We have had more across the board projects such as the leaking roof at Town Hall. This position would come and assess and see what needed to be done. They could also check fire extinguishers, change HVAC filters and help maintain the parks as well. This is a grade 15. job on the pay scale and the position could Council Member Tyson Nixon made ai motion to table until after the Budget Retreat. Council Member Larry Coble. seconded the motion which passed unanimously with Council Members: Larry Coble, Terry Caviness, Don Herndon, Greg Carpenter, and This amendment is to move funds from Water Sewer Fund Appr to the Water Department for the following line items. Due to the growth in our community and the demand for new housing, water tap: requests have increased dramatically. The Public Works Department is requesting a budget amendment to cover these costs that were associated Council Member Don Herndon made a motion to approve the Budget Amendment. Council Member Larry Coble seconded the motion which passed unanimously with reduce overall cost to the Town. Tyson Nixon voting yes to table. Budget Amendment #19 with new water taps as well as future water taps. Council Members: Larry Coble, Terry Cavienss, Don Herndon, Greg Carpenter, and This amendment is to move funds from the General Fund Appr to the Police Dept for Ellington Contactors for various change orders approved by the Town Manager, during construction. These change orders ranged from minor design, additional electrical, plumbing and other problems that arose due to the age oft the building. Council Member Tyson Nixon made ai motion to approve the Budget Amendment. Council Member Terry Caviness seconded the motion which passed unanimously with Council Members: Larry Coble, Terry Cavienss, Don Herndon, Greg Carpenter, and This amendment is to move funds from the General Fund Appr to the Admin Dept fora refund to the North Carolina Department ofl Revenue for overpayment on the Sales Tax Council Member Larry Coble made a motion to approve the Budget Amendment. Council Member Don Herndon seconded the motion which passed unanimously with Council Members: Larry Coble, Terry Cavienss, Don Herndon, Greg Carpenter, and Tyson Nixon voting yes. Budget Amendment #20 Tyson Nixon voting yes. Budget Amendment # 21 Refund reported for FY 22-23. Tyson Nixon voting yes. Administrative Reports Hayfield at Murchison Farm. Mayor Comments tomorrow. Adjourn Manager's Report Town Manager Scott Kidd said the Budget Retreats will bel March 5th and 12th at Mayor York reminded the Council oft the EDC meeting at the Reitzel Center at 8. AM There being no further business to discuss, Council Member Tyson Nixon made a motion toa adjourn. Council Member Don Herndon seconded the motion which passed unanimously with a vote: Council Member Don Herndon voted yes, Council Member Tyson Nixon voted yes, Council Member Greg Carpenter voted yes, Council Member Terry Caviness voted yes, and Council Member Larry Coble voted yes. The meeting was adjourned. hinue Mayor Filmore York lypb ATTEST: OL-AN Town Clerk m GREAT PLACE To LIVE ORTI iberly RESOLUTION. ADOPTING THE' TOWN OFI LIBERTY LAND DEVELOPMENTI PLAN WHEREAS, the' Town ofI Liberty, North Carolina is responsible fort thej preparation and adoption oft the' Town ofL Liberty Land Development Plan ("Plan"), pursuant to North WHEREAS, Session Law 2019-111, which established the Chapter 160D-501 ofthe North Carolina General Statutes, which requires that municipalities that adopt and apply zoning regulations also adopta and reasonably maintain ac comprehensive orl land-use plan; WHEREAS, the proposed Plan sets forth goals, policies and programs intended to guide the present and future, social, and economic development and coordinated, efficient, and orderly development of the' Town ofl Liberty based on an analysis of present and future WHEREAS, on January17,2024 the' Town of] Liberty Planning Board held aj public hearing and voted unanimously in: support oft the: adoption ofthel Plan; NOW' THEREFORE, ITI BEI ITI RESOLVED, that the' Town Council ofTown ofLiberty, North Carolina, meeting in regular session on the 26th day of February, 2024 hereby adopts the proposed Town ofl Liberty Land Development Plan, dated February 26, 2024. Carolina General Statutes 160-D; and needs; imse Filmore York, Mayor pb ATTEST: Dfain PBn Jesgical Brown, Town Clerk Town ofl Liberty o P. O. Box 1006 o 128 South Fayetteville Street e Liberty, NC27298 Phone (336) 622-4276 e Fax (336) 622-2665 o www.lberty-NC.com ONEAT PLACE TO LIVE iberly AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF WHEREAS, the' Town ofLiberty' Town Council has considered the1 request to amend the Town ofLiberty Land Development) Plan, and finds that the amendment is consistent with NCGS 160D as described in the Consistency Statement Resolution; and WHEREAS, the Council finds that the amendments set forth int the document and incorporated herein by reference, if approved as pursuant to thej provisions ofNCGS 160D, would be suitable for thel Land Development Plan to be amended; and LIBERTY WHEREAS, the Council finds the amendment request to meet the standards ofNCGS BEIT ORDAINED, by the' Town Council of the' Town ofLiberty as follows: 1. The application to amend and update the Land Development: Plan described int the Application and as depicted in Attachment "A" is approved and the) Land Development 160D; and Plani is amended accordingly. 2. This ordinance shall become effective upon its adoption. Adopted this 26h day of February, 2024 Silmue lb Filmore York, Mayor Town ofLiberty ATTEST: ashs Towno ofLiberty A Clerk to the AN ORDINANCE DENYING THE ZONING ORDINANCE AMENDMENTS OFTHE TOWN OF) LIBERTY Town of Liberty o P.O. Box 1006 o 128 South Fayetteville Street o Liberty, NC27298 Phone (336) 622-4276 o Fax (336) 622-2665 o www.lberty-NC.com AGNEAT" PLACE vo KIVE - iberty - Attachment C AN ORDINANCE. AMENDING THE: ZONING MAP OFTHE TOWN OF LIBERTY WHEREAS, the Town ofLiberty Town Council has considered thei request to rezone approximately 8.58 acres, being all of parçels 8727816041, 8727802663, 8727805663, 8727808644, and aj portion of W: Butler Ave Extension, located off W Butler Ave Extension, Liberty, NC: 27298, from R6 (Residential 6000 square feet) to) RMF (residential multifamily) to develop the site as needed in accordance with the' Town ofLiberty Ordinances to account for future growth of the' Town, and finds that the amendment is consistent with thel Land Development Plan as described in the Consistency Statement Resolution; and WHEREAS, the Council finds that the rezoning request set forth in the Application and incorporated herein by reference, if approved as pursuant to the provisions of the zoning ordinance, would be suitable for the property proposed for the rezoning; and WHEREAS, the Council finds the rezoning request to meet the standards oft the: zoning BEITORDAINED, by the Town Council of the' Town ofLiberty as follows: 1. The application to rezone all oft the property described as Parcel No's. 8727816041, 8727802663, 8727805663, 8727808644, and a portion of W: Butler. Ave Extension, and being approximately 8.58 acres as depicted in Attachment "A", located off W Butler Ave Ext, from R61 tol RMF, is approved and the zoning mapi is amended accordingly. EHC Builders, acting agent for property owner) Robert Fell ordinance and thel Land Development: Plan; and 2. This ordinance shall become effective upon its adoption. Adopted this 26th day ofl February, 2024 Sime Filmore York, Mayor Town ofLiberty Lyb ATTEST: FP Town BfLiberty Rm tot the Council Town ofl Liberty OP.O. Box: 1006 o 128 South Fayetteville Street o Liberty, NC27298 Phone (336) 622-4276 o Fax (336) 622-2665 o www.lberty-Nc.com GREAT PLACE To Ve ibertwy Attachment D RESOLUTION OF THE TOWN OF LIBERTYTOWN COUNCIL APPROVING A CONSISTENCY STATEMENT AND STATEMENT OF REASONABLENESS FOR THE. APPROVALOF EHC Builders, acting agent forj property owner Robert Fell WHEREAS, the Town ofLiberty Town Council has received the application to rezone Parcels 8727816041, 8727802663, 8727805663, 8727808644, and aj portion ofW) Butler Ave Extension (the "Amendment"). and finds that the samei is consistent with the Town ofLiberty WHEREAS, in addition, the Town ofl Liberty Town Council considers the Amendment to bei reasonable andi in the public interest because the rezoning to Residential Multifamily is consistent with thel Land Development Plan by supporting residential growth. NOW,THEREPORE, BEI ITI RESOLVED, by the Town ofLiberty Town Council that, for the reasons set forth above, the Amendment and presented documentation are found to be consistent with the Town ofLiberty Land Development Plan and are determined to be Land] Development Plan; and reasonable and int the publici interest. Adopted, this the 26" day ofI February, 2024 Jilme Filmore York, Mayor Town ofLiberty yl ATTEST: DOAI 9.m Jessipa Brown, Clerk to the Council Town ofLiberty Town of Liberty o P. 0. Box: 1006 e 128 South Fayetteville Street o Liberty, NC 27298 Phone (336) 622-4276 o Fax (336) 622-2665 o www.llberty-NC.com SREAT LACE TO LIVE Piberty Attachment! D THEZONING ORDINANCE OF THE TOWN OF Town Council has considered the request to amend the ANO ORDINANCE AMENDING LIBERTY WHEREAS, the' Town ofLiberty the Ordinance text, and: finds that the amendmenti is Town ofLiberty Ordinances to1 modernize Plan as described int the Consistency Statement consistent with thel Land Development Resolution; and WHEREAS, thel Land Development Plan, WHEREAS, the Development Plan; and the Council finds that the amendments set forth in the Application and if as pursuant to the provisions of NCGS 160D and incorporated] herein by reference, would approved be suitable for the text to be amended; and Council finds the amendment request to meet the standards oft thel Land BEITORDAINED, by the Town Council oft the' Town ofLiberty as follows: to amend all ofthe proposed text amendments described in the 1. The application Application and as depicted Ordinances are amended accordingly. in Attachments "B" and "C" is approved and the' Town 2. This ordinance shall become effective uponi its adoption. Adopted this 26l day of] February,2024 Juimee Filmore Mayor York, Town ofLiberty lpi ATTEST: AL Jessical Brown, Clerkt tot the Towpo ofLiberty AA Council eP.0. Box: 1006 e 128 South Fayetteville Street e Liberty, NC27298 Town of Liberty 622-4276 e Fax (336) 622-2665 e www.llberty-NC.com Phone (336) - aoRrnes DuAnjpne & ISySkoc PLACE TO IVA osrH iberly Attachment E RESOLUTION OF THE' TOWN OF LIBERTY TOWN COUNCIL APPROVING. A CONSISTENCY STATEMENT AND STATEMENT OF REASONABLENESS FOR THE. APPROVALOF Town ofLiberty Ordinance Amendments WHEREAS, the Town ofLiberty Town Council has received the application to amend several sections oft the Town ofLiberty Ordinances (the "Amendment") and finds that the same WHEREAS, in: addition, the' Town ofLiberty Town Council considers the Amendment to be reasonable and int the publici interest because the bulk of the Ordinance has not been updated or modernized since 2004 and is consistent with the Land Development Plan by is consistent with the Town ofLiberty Land Development Plan; and modernizing thet text in order toj properly regulate development. NOW,THEREFORL, BE IT RESOLVED, by the' Town ofL Liberty Town Council that, for the reasons set forth above, the Amendment and presented documentation are: found to be consistent with the Town ofLiberty Land Development Plan and are determined to be reasonable and int thej public interest. Adopted, this the 26!h day ofl February, 2024 Shimue Filmore York, Mayor Town ofLiberty Lib ATTEST: Opnlia DE Jessical Brown, Clerk to the Council TownofLiberty Town of Liberty e P.O. Box: 1006 o 128 South Fayetteville Street e Liberty, NC27298 Phone (336) 622-4276 e Fax (336) 622-2665 e www.lberty-NC.com ey-orerdosb dp4ntlne d hoslorh An Ordinance to Extend the Corporate Limits of the Town of Liberty, WHEREAS, in accordance with G. S. 160A-58.7, the Liberty Town Council may initiate annexation of property not contiguous to the primary corporate limits and owned by the city by adopting a resolution stating its intent to annex the property, in lieu of filing North Carolina ap petition. WHEREAS, the property must satisfy the requirements of G. S. 160A-58.1; and WHEREAS, the resolution shall contain an adequate description oft the property and fix a date for a public hearing which is Monday February 26, 20245 5:30 PM which was published ten days prior in the Courier Tribune and posted on the website and facebook. At this Hearing any resident may appear and be heard on the desirability of the annexation. WHEREAS, the Liberty Town Council finds that the annexation meets the NOW THEREFORE, BE IT ORDAINED by the Liberty Town Council of the Town Section 1. By virtue of the authority granted by G.S. 10A-31. The following described territory is hereby annexed and made part of the Town of Liberty February 26, requirements of G.S. 160A-58.1 and is in the public's best interest; ofl Liberty, North Carolina that: 2024. 10046 Old Liberty Road, Liberty Parcel Number 8726349236 2.65 acres (see attached also) Section 2. Upon and after February 26, 2024, the above described territory and its citizens and property shall be subject to all debts, laws, ordinances and regulations in force in the Town of Liberty North Carolina and shall be entitled to the same privileges and benefits as other parts of the Town of Liberty North Carolina. Said territory shall be subject to municipal taxes according to G.S. 160A-58.10. Section 3. The Mayor of The Town of Liberty North Carolina shall cause to be recorded in the office of the Register of Deeds of Randolph County, and in the office of the Secretary of State at Raleigh, North Carolina, an accurate map oft the annexed territory, described in Section 1 above, together with a duly certified copy of this ordinance. Such a map shall also be delivered to the Town of Liberty North Carolina Board of Elections, as required by G.S. 163-288.1. imll Mayor ATTEST: APPROVED ASTO FORM: pnip Towyn ofl Liberty Attorney pa.Bn NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COMMUNITY DEVELOPMENT BLOCK GRANT-INFRASTRUCTURE PROGRAM DIVISION OF WATER INFRASTRUCTURE CLOSEOUT PERFORMANCE REPORT Cover Sheet Grantee Name: Town ofl Liberty Grant Number: 18-1-3032 Grantee Address: 239S. Fayetteville St. Liberty, NC 27298 1. Citizens' Written Comments. (Attach thei following three items unless eachi item was previously submitted to DEQ, in which case they may be incorporated byr reference.) a. A copy of each written citizen comment, which was received during the reporting period on the grantee's community development Theg grantee's assessment of the comment; and Ad description of any action taken or tol bet taken inr response to public comments as required in Citizian Participation Plan. 2. The grantee's authorized official representative must certify the following: a. To the! best of his/her knowledge and belief, datai int this report is true and correct; b. The records are being maintained and will be made available upon In accordance with Section 101(c)(9) of the Housing and Community Development Act of 1974, the assistance made available under this CDBG granti is not substantially reducing, below thel level of support prior to start-up oft the CDBG grant reported here, the amount of local financial support for community development activities. request; and Mr. Filmore York Mayor Title 26-Feb-24 Date Typed! Name of Chief Elected Official/Authorized" Representative Signature ofC Chief Elected Official/Authorized Representative Smlkl Name: Jesse Day, Planning Director Preparer Information Address 1398 Carrollton Crossing Drive Kernersville, NC27284 Telephone Numbei 336 904-0300 Email Address: iday@ptrc.org NC Water ENVIRCENETTAL Infrustruct lure DI CL Grantee Grantee Address Grant Number Project Name Period Name Titlel Name Address Telephone Number Email Address Authorized Representative Preparer of Information Property acquired with CDBG funds? 8. Remarks (For DEQ/DWI Use Only) Please note that all financial records, supporting documents and other records pertinent tot the community development program must ber retained for a minimum of three (3), years from the dateo of This granti is closed pending receipt and approval ofy your final auditl by the Department of thisl letter. Environmental Quality. Town City County 9, Certification: ofl Recipient Itis hereby certified that all: activities undertaken by thel Recipient with funds) provided under the grant agreement identified on pagel 1 hereof, have,t tot thel best of my knowledge, been carried outi in accordance with the grant: agreement; that proper provisions havel been madel by the Recipient for the payment of all unpaid costs and unsettled third party claims identified on pagel 11 hereof; that the State of North Carolina is under no obligation tor make any further payment to thel Recipient under the grant: agreement ine excess oft the amounti identified on) Line' 71 hereof; and that every other statement and: amount set forth int this instrumenti is, to thel best ofr my knowledge, true and correct as of this date. Date February 26, 2024 Typed Name and' Title ofl Recipient's Authorized: Representative Mr. Filmore York (Name) Mayor (Title) Signature of) Recipient's Authorized) Representative limoe fib 10. DEQ/DWI Approval This Certification of Completion isl hereby approved. Therefore,lauthorize cancellation oft the unutilized contract commitment: and related funds reservation and obligation of $_ authorized: for cancellation (from Section 5,1 line 5, pagel 1). less $ previously Date Typed Name and' Title ofl DWI Authorized! Representative Signature of DWI's Authorized. Representative Shadil Eskaf Director CLOSE OUT ACCOMPLISHMENTS, SPECIAL INSTRUCTIONS Start with the Cover Sheet (tab labeled START_HERE) then move through the tabs from left to right Enter Grantee and Grant Number int the appropriate cells These entries willl be automatically entered ont the other sheets Grant Number=the number shown on thet front of Grant Contract Note: Grantee Name = Eithert the Town/City/County that! has as signed grant contract with NCDEQ Project Name= the name: shown on Letter of Intent to Fund or page 3 of grant contract You may move the activity worksheets that pertain to your grant and delete unneeded For example ify your grant has Admin, Rehab Private-Water Connections, and Water Improvements, the tabs ati the bottom of your spreadsheet would be asi follows: worksheets. Cover Closeout Datal Entry Sheet Administration Rehab Priv.- Water Connections Water Improvements Certificate of Completion 3i Some cells have formulas for calculations, don't override these 41 Please e-mail a copy of this workbook to your Grant Representative. Please note, the signed paper copies of this package are still required to be mailed to NCDEQ-DWI. IVISION OF WATER INFRASTRUCTURE DBG-1 Closeout Forms Town of Liberty 18-1-3032 239 S. Fayetteville St. Liberty, NC 27298 Wastewater Collection System Improv. June 2019-March 2023 Mr. Filmore York 0 Jesse Day, Planning Director 1398 Carrollton Crossing Drive Kernersville, NC 27284 336 904-0300 jday@ptrc.org Grantee Grant Number 18-1-3032 Acct Number Activity Code Budgeted Linear Feet Properties Units, Dwelling Town ofl Liberty Activity Name Administration Wastewater Collection System Project: Improv. 1060 13: $200,000.00 Expended. $189,309.73 Proposed Actual Households by. percentage of HUD Median Family Income Levels Above Moderate Income Households > 80% Moderate Income Households 51-80% Low! Income Households 30-50% Very Low Income Households <30% Total Households Persons by percentage of HUD Median Family Income Levels Above Moderate Income Households > 80% Moderate Income Households 51-80% Low Income Households 30-50% Very Low Income Households <30% Total Persons Female Head of Household Hispanic American Indian or Alaska Native Asian Black or African American Native Hawaiian or Other Pacific Islanderi White American Indian or Alaska Native & White Asian & White Black or African American & White Other Multi-Racial Non-Hispanic American Indian or Alaska native Asian Black or African American Native Hawaiian or Other Pacific Islander White American Indian or Alaska Native & White Asian & White Black or African American & White Other Multi-Racial American Indian or Alaska Native & Black or African American American Indian or Alaska Native & Black or African American Grantee Grant Number 18-1-3032 Acct Number Activity Code Budgeted Linear Feet Properties Units, Dwelling Town of Liberty Activity Name Sewer mprovements Wastewater Collection System Project: Improv. 1030. 4BI $1,788,000.00 Expended. $1,703,844.12; Proposed Actual 15,900 13,921 Households by percentage of HUD Median Family Income Levels Above Moderate Income Households: > 80% Moderate Income Households 51-80% Low Income Households 30-50% Very Low Income Households <30% Total Households Persons by percentage of HUD Median Family Income Levels Above Moderate Income Households! > 80% Moderate Income Households 51-80% Low Income Households 30-50% Very Low Income Households <30% Total Persons Female Head of Household Hispanic American Indian or Alaska Native Asian Black or African American Native Hawaiian or Other Pacific Islander. White American Indian or Alaska Native & White Asian & White Black or African American & White Other Multi-Racial Non-Hispanic American Indian or Alaska native Asian Black or African American Native Hawaiian or Other Pacific Islander White American Indian or Alaska Native & White Asian & White Black or African American & White Other Multi-Racial 0: 44 76 158 278 01 44 76 158 278 41 321 4 321 American Indian or Alaska Native & Black or African American 21 1 130 100; 61 3 2: 1 130 100 6: 3: American Indian or Alaska Native & Black or African American Grantee Grant Number 18-1-3032 Acct Number Activity Code Linear Feet Properties Units, Dwelling Town of Liberty 1042! 9A. Activity Name Rehab. Private Sewer Connections Wastewater Collection System Project: Improv. $0.00 Budgeted $12,000.00 Expended Proposed Actual 0 Households by percentage of HUD Median Family Income Levels Above Moderate Income Households > 80% Moderate Income Households 51-80% Low Income Households 30-50% Very Low Income Households <30% Total Households Persons by percentage of HUD Median Family Income Levels Above Moderate Income Households > 80% Moderate Income Households 51-80% Low Income Households 30-50% Very Low Income Households <30% Total Persons Female Head of Household Hispanic American Indian or Alaska Native Asian Black or African American Native Hawaiian or Other Pacific Islander White American Indian or Alaska Native & White Asian & White Black or African American & White Other Multi-Racial Non-Hispanic American Indian or Alaska native Asian Black or African American Native Hawaiian or Other Pacific Islander White American Indian or Alaska Native & White Asian & White Black or African American & White Other Multi-Racial 0 0 2 2; 0 American Indian or Alaska Native & Black or African American American Indian or Alaska Native & Black or African American INS Prej pro All $25 Sec Sec Lin Lin Lin Col Lin totl pro; acci thir Lin Lin C C Sec C C Sec (a) (b) (c) Sec Sec Sec Sec STRUCTIONS FOR: PREPARING CERTIFICATION OF COMPLETION pare original and one copy with original signatures. (A separate page 1 must be completed for each dollar amounts, which are entered on this form, must be shown to two places past the decimal. Example: tions 1-3 will autofill from information entered on cover sheet and closeout data entry sheet ject). ,000.00. tion 4. Final Statement of Cost: Column (b) ee,h, andj j-will automatically total esat through d, fand g-will autofill from information entered on activity tabs ei- Enter the amount ofp program income to be applied to the payment of unpaid program costs. eat through d, fand g For each applicable program activity category listed, enter unpaid costs chargeable he approved grant amount or to the program income and claimed as eligible for inclusion in the total gram costs. Unpaid costs are firmly determined costs for which payment has not as yet been made (i.e., ounts payable and relocation payments owed int the future). Do not include amounts budgeted for unsettled lumn (c) d-party claims. ee, h, andj j-will automatically total olumn (d) -will automatically total olumn (e) -For DEQ/DWI use only. tion 5. Computation of Grant Balance Line 1-will autofill from Line j, Column (d). ei-Enter the amount of! program income to be applied to the payment of unpaid program costs. olumn (b) Line 2-Enter the amount budgeted for unsettled third-party claims against the recipient's grant. Unsettled third-party Claims are liabilities that are contingent on the outcome of disputes involving the recipient and third-parties. This amount shall not bei included in Section C. Line 4 -Enter the sum of the grant amounts shown on DEQ Grant Contract Budget. Line 3 -will autofill the sum ofl lines 1 and 2. Line 5 -will autofill line 41 minus line 3 Line 6 -Enter the amount of grant funds received to date. Line 7 -will autofill line 3 minus line 6 olumn (c). For DEQ use only. tion 6. Program Income Enter the amount of program income on hand at the present time. tion' 7. Unpaid Costs and unsettled Third-Party Claims Enter the amount ofj program income that you expect to receive in the future as a result of this grant. Ifp program income is on hand or ifit is anticipated, describe how you intend to spend it. List any unpaid costs and unsettled third-party claims, and describe the circumstances and amounts involve The total amount ofu unpaid costs described must equal the amount shown on Line n, Column (c), and the total amount ofunsettled third-party claims described must equal the amount shown on Line 2, Column (b) of Section 6. tion 8.1 Remarks - For DEQ use only. tion 9. Certification of Recipient - Selfe explanatory. tion 10. DEQ Approval- For DWI use only. ed. CERTIFICATE OF COMPLETION 1. Grantee: Town ofLiberty 2. Grant Number: 18-1-3032 3. Project Name: Wastewater Collection System Impro: 4.1 Final Statement of Costs Tol BeC Completed by! DEQ/DWI Approved Total Costs (e) 0.00 0.00 1703844.12 0.00 0.00 0.00 0.00 1703844.12 0.00 189309.73 1893153.85 0.00 1893153.85 ToBe DEQ/DWI (c) To Be Completed by Recipient Paid Costs Unpaid Costs Total Costs (b) $1,703,844.12 Program. Activity Categories (a) (Col.b+c) (d) $0.00 $0.00 $1,703,844.12 $0.00 $0.00 $0.00 $0.00 $1,703,844.12 $0.00 $189,309.73 $1,893,153.85 $0.00 $1,893,153.85 ToBe Completed By Completed By Recipient Amount Approved Amount (b) $1,893,153.85 $1,893,153.85 $1,893,153.85 $1,893,153.85 $2,000,000.00 $ 2,000,000.00 $ 106,846.15 $ 106,846.15 $1,893,153.85 $ 1,893,153.85 (c) a. Acquisition b. Public facilities andi improvements (10) Other public facilities (11) Sewer improvements (12) Water improvements C. Relocation assistance d. Construction, rehab. and preservation activities (1) Rehabilitation ofp privately ownedl buildings sewer (2) Rehabilitation ofr privately owned! buildings- water e. Subtotal f.P Planning g. Administration h. Total i. Less: Program Income. Applied to Program Costs j. Equal: Grant Amount. Applied tol Program Costs $1,893,153.85 $0.00 $1,703,844.12 $189,309.73 $1,893,153.85 5. Computation of Grant Balance Description (a) () Grant Amount Applied Tol Program Costs (From Linej j) (2) Estimated Amount For Unsettled" Third- Party Claims (3) Subtotal (4) Grant Amount) Per Grant. Agreement (5) Unutilized Grant Tol Be Canceled (Line 4N Minus Line 3) (6) Grant Funds Received (7) Balance of Grant Payable (Line 3N Minus Line 6)* * IfLine 6 exceeds Line 3, enter the amount oft the excess onl Line 7asa ai negative amount. This amount shall be repaid to DEQ by check, unless DEQ has previously approved use oft these funds. 6.) Program) Income a) Amount ofc existing program income: b) Amount ofa anticipated programi income: $0.00 $0.00 c) Ifprogrami income exists ori is anticipated, describe the proposed application(s): 7. Unpaid Costs and Unsettled" Third) Party Claims Are there any unpaid costs or unsettled third party claims against the recipient's grant? Type "yes" or "no." Ifyes,i int thel box below describe thec circumstances and: amounts involved. no NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COMMUNITY DEVELOPMENT BLOCK GRANT - INFRASTRUCTURE PROGRAM DIVISION OF WATER INFRASTRUCTURE CLOSEOUT PERFORMANCE REPORT Cover Sheet Grantee Name: Town ofl Liberty Grant Number: 18-1-3032 Grantee Address: 239 S. Fayetteville St. Liberty, NC 27298 1. Citizens' Written Comments. (Attach the following three items unless each item was previously submitted toDEQ, in which case they may be incorporated by reference.) a. Acopy of each written citizen comment, which was received during the reporting period on the grantee's community development performance under this grant; C. Ac description of any action taken or to be taken in response to public comments as a. To thel best of his/her knowledge and belief, data int this report is true and correct; The records are being maintained and will be made available upon request; and Ina accordance with Section 101(c)(9) of the Housing and Community Development Act of 1974, the assistance made available under this CDBG grant is not substantially reducing, below the level ofs support prior to start-up of the CDBG grant reported here, the amount ofl local financial support for community b.. The grantee's assessment oft the comment; and required in Citizian Participation Plan. 2. The grantee'sa authorized official representative must certifyt thei following: development activities. Mr. Filmore York Typed Name of Chief Elected Official/Authorized Representative Shmlal Mayor Title 26-Feb-24 Date Signature of Chief Elected Information Representative Preparer Name: Jesse Day, Planning Director Address: 1398 Carrollton Crossing Drive Kernersville, NC27284 Telephone Number: 336 904-0300 Email Address: jday@ptrc.org February 26, 2024 To: Liberty Town Council From: Jesse Day, Regional Planning Director, PTRC Re: Liberty CDBG-I Project Closeout Public Hearing; Project Number: CDBG-I 18-3032 The following information summarizes the initial scope and budget of the project as well as the number of linear feet of sewer completed and the number of people served. The following pages will be sent to NCDEQ as part oft the grant closeout process. Initial project scope and budget 15,900 feet of rehabilitated sewer line 2rehabilitated private sewer connections $1,800,0001 in sewer improvements $200,000 in administration Any project amendments and change orders The original date of contract expiration was to occur May 27, 2022 and the closeout of the grant was to occur. July 29,2022. Duet to audit review delays for the Town of Liberty for multiple fiscal years, these dates were extended 5t times. The final contract expiration was moved to December 1, 2023 andi the final closeout moved to December 29, 2023. There were two change orders to the grant during the grant period and the final report for work completed was acceptedi in early 2023. There was one amendment to the contract between the Town and Thei final project financials were as follows and compare actual VS. budgeted amount, amount ofs sewer rehabilitated and amount of sewer connections completed. Not all oft the construction funding was spent and thus administration costs were: also reduced. Additionally, $12,000 was de-obligated fori ineligible sewer connections due to income restrictions. The total de-obligated amount was $106,846.15. NCDEQ related to administrative expenses. Final project financials Activity Budget Amount Actual CDBG Funds Other Details Expended $1,703,844.12 $189,309.73 $0 Sewer improvements $1,788,000 13,921 of 15,900 linear feet completed & 278 people impacted 13,921 of 15,900 linear feet & 278 people impacted Oof2 connections Administration Sewer connections $200,000 $12,000 Final project accomplishments and performance 13,921 feet of sewer line was rehabilitated. No new: sewer connections were completed with grant funds. The two households that were going to have sewer connections were noti income eligible fort the grant funds. There were 278 people that benefitted from the project. Of the 278 people, 234 were of low to moderate income based upon the initial survey of household income when the grant was submitted. More importantly, the improvements are helping to modernize an aging sewer system and allowing reliable wastewater service to The benefits of the project on low and moderate income persons several residents in Liberty. Meeting Date February 26, 2024 Town ofLiberty Budget Amendment (FY 2023-2024 #19) Council Approval Needed BEI IT ORDAINED, by the Liberty Town Council that the Town ofLiberty Budget Ordinance for fiscal year 2023-2024, which was adopted on June 21,2023, be amended as follows: This amendment is to move funds from Water Sewer Fund Appr to the Water Dept for the following line items. Due to the growth to our community and the demand for new housing, water tap requests havei increased dramatically. Thel Public Works department is requesting al budget amendment to cover these costs that were: associated with new water taps as well as future water Section 1: The following revenue: and expenditures in the Water Sewer Fund. Appr and Water taps. Dept linei items shall be increased by the amounts indicated: 301 Fund Line Item 30-3990-000 Amended Budget 228,476 228,476 Water Sewer Fund Water Sewer Fund. Appr Total Expenditures Budget Change 179,226 49,250 179,226 49,250 30Fund Line Item 30-8100-190 Amended Budget 102,430 102,430 Water Sewer Fund WN MR Water Lines Total Revenues Budget 53,180 53,180 Change 49,250 49,250 Prepared By: Kathy Bond, Finance Director Reviewed By: Scott Kidd, Town) Manager Town Manager Initials: B4K Limale sub Filmore York, Mayor Date: 2-26-24 ATTEST: Opnin p. Bm TowClerk Daté. a/ns/o24 Meeting Date February 26, 2024 Town ofLiberty Budget Amendment (FY 2023-2024 #20) Council Approval Needed BE IT ORDAINED, by the Liberty Town Council that the' Town of Liberty Budget Ordinance for fiscal year 2023-2024, which was adopted on) June 21, 2023, be amended as follows: This amendmentis to move: funds from General Fund. Appr to the Police Dept for Ellington Contractors for various change orders approved by' Town) Manager during construction. These change orders ranged from minor design, additional electrical, plumbing and other problems that Section 1: The following revenue: and expenditures in the General Fund and Police! Dept line arose due to age of thel building. items shall be increased by the amounts indicated: 10J Fund Line Item 10-3990-000 Amended Budget 91,000.00 91,000.00 General Fund General Fund Balance. Appr Total Expenditures Budget Change 0.00 91,000.00 0 91,000.00 10Fund Line Item 10-5100-755 General Fund Police Station Capital Outlay Total Revenues Budget Change Amended Budget 411,000.00 411,000.00 320,000 91,000.00 320,000 91,000.00 Prepared By: Kathy Bond, Finance Director Reviewed By: Scott Kidd, Town Manager Town Manager Initials: A1K impu Filmore York, Mayor Date: 2-26-24 ATTEST: Lpib a pB Date:. 2/P6/2034 Meeting Date February 26, 2024 Town ofLiberty BudgetAmendment (FY 2023-2024 #21) Council Approval Needed BEI IT ORDAINED, by the Liberty Town Council that the' Town ofLiberty Budget Ordinance for fiscal year 2023-2024, which was adopted on June 21,2023, be amended as follows: This amendment is to move funds from General Fund Appr to the. Admin Dept for a refund to the North Carolina Department of Revenue for overpayment on the Sales' Tax Refund reported: for the Section 1: The following revenue and expenditures in the General Fund. Appr and. Admin FY22-23. Dept line items shall be increased by the amounts indicated: 10J Fund Line Item 10-3990-000 General Fund General Fund Balance Appr Total Expenditures Budget Change Amended Budget 63,934.08 63,934.08 44,213 19,721.08 44,213 19,721.08 10Fund Line Item 10-4200-570 General Fund Admin Misc Total Revenues Budget Change Amended Budget 20,221.08 20,221.08 500 19,721.08 500 19,721.08 Prepared By: Kathy Bond, Finance Director Reviewed By: Scott Kidd, Town Manager Town Manager Initials: K dmae Filmore York, Mayor Date: 2-26-24 ATTEST: lpik onin pDim Date: 2/x/2024 Tow, Clerk