Minutes of the Meeting of The Liberty Town Council Held on May 28, 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: Finance Director; Kathy Bond, Police Chief; David Semrad, Assistant Town Manager; Janie Phelps, Public Works Director; Joseph Walsh, Interim Parks and Rec Director; Kolby McPherson, Finance Specialist; Adrian Abbott, Fire Chief; Matt Talbott, and Library Director; Brenda Heindl To Order The Mayor welcomed everyone and called the meeting to order at 5:30 PM. He said all Council Members are present. Pledge of Alegianc-/nyocation Mayor Filmore York asked Council Member Larry Coble to lead the Pledge of Allegiance and then the Mayor asked everyone to. join in a Moment of Silence and remember those who gave their lives for our freedom. Adoption of Agenda Council Member Don Herndon made a motion to adopt the agenda. 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 Public Hearing Duke Energy Rezoning - 1.15a acres W Brower from TOWN to Industrial Assistant Town Manager Janie Phelps came forward to give the Staff report. She said there were representatives from Duke. Energy here. The properties are currently zoned as TOWN district. The Town ofLiberty does not have an adopted TOWN district. Representatives from Duke Energy Progress have been in discussions with staff to conduct upgrades to the site, which cannot be done due to a: nonexistent zoning district. Carpenter voted yes. The agenda was approved. Tuesday May 28, 2024 Council Meeting 5:30PM The purpose oft the request is to correct what appears to be an administrative error many Mayor York opened the Public Hearing at 5:36 PM. Amy Crout with Duke came forward and thanked the Town for this rezoning. There was no further discussion and the Public Council Member Don Herndon made ai motion to approve the rezoning from TOWN to Industrial. Council Member Tyson Nixon seconded the motion which passed unanimously with Council Members: Larry Coble, Terry Caviness, Don Herndon, Greg Carpenter, and Tyson Nixon voting yes. The rezoning was approved. years ago. Hearing was closed at 5:38 PM. Code Enforcement Report Paul Fuller with State Code Enforcement, Inc. came forward to give the report. They closed out thirty two cases. Council Member Herndon asked about 122 W Swannanoa and he said civil penalties have started. Council Member Coble said he thought the report looked good. Council Member Herndon asked about overgrown lots. Mr. Fuller said if they mow they do close it out but some get continual reminders. Janie Phelps said the camper that had been discussed had been moved. Mayor York said Ms. Phelps is their point of contact. Finance Report Finance Director Kathy Bond came forward to give her reports on the month of April. She also handed out the Budget VS. Actual. Processed Payroll was $192,889.52. Utility Billing was $127,981.99. Processed Accounts Payable was $139,933.82. Received property taxes were down 36.45%. Council Member Nixon asked why property taxes were down. Ms. Bond said due to people not paying and Attorney Flowe said the County does do the tax collection. Ms. Bond said the County does offer programs for seniors, vets, and the disabled. Council Member Larry Coble made a motion to approve the Finance Report for April. Council Member Greg Carpenter seconded the motion which passed unanimously with Council Members: Larry Coble, Terry Caviness, Don Herndon, Greg Carpenter, and Tyson Nixon voting yes. Approval of Minutes Council Member Don Herndon made a motion to approve the minutes from the Work Session April 15, 2024, the Budget Retreat April 22, 2024 and the Council Meeting April 22, 2024. Council Member Larry Coble 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 MemberLarry Coble voted yes. The minutes were approved. Consent Agenda The Consent Agenda includes: Appoint Chris Compton to the ABC Board, Reappoint Jairus Griffith to the ABC Board, Road Closure Request - Liberty Elementary - Field Day, and WithersRavenel - agreement and resolution task order provide Liberty Spring 2024 BIL Lead Service Line. Application. Council Member Terry Caviness made a motion to approve the Consent Agenda. Council Member Tyson Nixon seconded the motion which passed unanimously with Council Members: Larry Coble, Terry Caviness, Don Herndon, Greg Carpenter and Tyson Nixon voting yes. New Business Randolph County Animal Control Discussion Police Chief Semrad came forward and gave some information on current Animal Control. Randolph County also handles non domesticated animals. Rabies vaccinations are about $6,000 dollars now. There are 160 calls not listed because they only calculate capture and transport. He does not want to leave the town uncovered while transporting animals. The Town Manager said the County hopes to take over animal control county wide. Council Member Carpenter asked if our Police could step in ift there was a dire situation and Chief Semrad said they could ift there was imminent danger. This would be ay yearly contract. Ms. Phelps said we can ask the County to adopt our. Animal Ordinance as well. The main difference is the town can say how many animals are allowed in city Council Member Larry Coble made ai motion to move forward with a contract with Randolph County to take over the town's Animal Control with the amendment that they adopt our Town Ordinance. Council Member Don Herndon seconded the motion which passed unanimously with Council Members: Larry Coble, Terry Caviness, Don Herndon, limits. Greg Carpenter, and Tyson Nixon voting yes. Budget Presentation - Town Manager Scott Kidd came forward to give the power point presentation. He appreciates all the hard work on the budget. Itl has been tougher than past years. The Town debt is $737,083. He showed a pie chart/graph. $151,882 of the yearly debt will bej paid off by FY 26/27. The cost ofai new: fire truck is estimated at 1.5 million dollars. A new Town Hall is estimated at 2.5- 3 million dollars. A Rec Center could be 21 million. Parks and Rec is 8% oft the budget. The Police is the town's heaviest expense 29%. The citizens wanted a Police Department here. Challenges are. keeping qualified staffa and a vehicle fleet. The Fire Department is 17% oft the budget. Their challenges are staffing, turnout gear, and long term needs such as a new: fire truck and substation. The Streets Department is 15% ofthe budget. Wel have seen a jump due to street lights, grapple truck, and more road patches. They are challenged to upfit vehicles and future replacements. The Library is 5%0 ofthe budget and has seen a steady increase in patrons. They may need more staffi in the future. They also have a challenge with space and may need future expansion. Sanitation is 7%. Trash and landfill fees continue to increase. They have challenges such as CDL: staffand increasing bulky items. The fee schedule has an addition of several development fees and an increasei in special collections rate. There is alsoa fee increase for bulk water. Water/Sewer rates are not changing. There has been inflation in all departments. How do wej plan for the future? Set the tax rate back to $.64. The Enterprise fund comes from water/sewer revenue. We are adding more taps and customers. The challenge is aging infrastructure. One improvement is we are doing more: in house repairs. The future will be population growth and subdivisions. Administrative Reports Manager's Report The Town Manager said there is a lot happening with RCC and developers. Mayor Comments Mayor York said the schools are growing and there will be aj new school built in Liberty. Adjourn There being no further business to discuss, Council Member Tyson Nixon made a motion to adjourn. Council Member Terry Caviness 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. iine Mayor Filmore York Lpib ATTEST: A. Brn Apu GREAY PLACE 7o LVE Alals iberly ATTACHMENTC AN ORDINANCE AMENDING THE ZONING. MAP OF THE TOWN OF) LIBERTY Progress Energy Carolinas, property addressed off W: Brower Ave WHEREAS, the Town ofLiberty Town Council has considered the request to rezone approximately 1.15 acres, being all of parcels 8726940940 and 8726940797, located off W Brower. Ave, Liberty, NC 27298, from TOWN tol I(Industrial) to develop the site as needed in accordance with the Town ofLiberty Ordinances to account for future growth oft the Town, and finds that the amendment is consistent with the Land Development Plan as described in the Consistency Statement Resolution; and WHEREAS, the Council finds that the rezoning request set forth int the Application and incorporated: herein by reference, if approved as pursuant to the provisions oft 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 of the zoning BE IT ORDAINED, by the Town Council oft the Town ofLiberty as follows: 1. The application to rezone all ofthe property described as. Parcel No's. 8726940940 and 8726940797, and being approximately 1.15 acres as depicted in Attachment "A", located at W. Brower. Ave, from TOWN to I, is approved and the zoning map is amended ordinance and the Land Development Plan; and accordingly. 2. This ordinance shall become effective upon its adoption. Adopted this 28th day ofMay, 2024 Filme Filmore York, Mayor Town ofLiberty bpb ATTEST: ais TowlofLiberty Bm Clerk tot the Council 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 e www.liberty-NC.com OREAT PLACE To iberty ATTACHMENTD RESOLUTION OF THE TOWN OF LIBERTY TOWN COUNCIL APPROVING A CONSISTENCY STATEMENT AND STATEMENT OF REASONABLENESS FOR THE. APPROVALOF Progress Energy Carolinas, property addressed off W: Brower Ave WHEREAS, the' Town ofLiberty Town Council has received the application to rezone Parcels 8726940940 and 8726940797 (the "Amendment") and finds that the same is consistent with the Town ofLiberty Land Development Plan; and WHEREAS, in addition, the' Town ofLiberty Town Council considers the Amendment tol ber reasonable and in the public interest because the rezoning to Industrial is consistent with the Land Development Plan by converting this to an adopted zoning district. NOW, THEREFORE, BE IT 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 reasonable andi ini the public interest. Adopted, thist the 28th day ofl May, 2024 himeu Filmore York, Mayor Town ofLiberty ib ATTEST: ApAnliy D. m Jessic/Brown, Clerkt to the Council TownfLiberty Town of Liberty e P. 0. Box 1006 e 128 South Fayetteville Street e Liberty, NC 27298 Phone (336) 622-4276 e Fax (336) 622-2665 e www.Lberty-NC.com WithersRavene! Our People. Your Success. May 8, 2024 Scott Kidd, Town Manager Town of Liberty 126 South Fayetteville St Liberty, NC27298 RE: Agreement for Task Order No. 2 Liberty, North Carolina WRI Project No. 23-0493-002 Liberty Spring 2024 BILI Lead Service Line Application Dear Mr. Kidd, WithersRavenel is pleased to provide this Task Order for Professional Services. Wel looki forward to working with you on this project. If youl have any questions or concerns about this agreement, please do not hesitate to call me at the number listed below. Sincerely, WithersRavenel bacs Amanda Whitaker Director, Funding Services, Funding and Asset Management awhitaker@withersravenel.com Ph. 336.605.3009 IN Mobile. 336.250.7778 Attachment: Task Order No. 21 for Professional Services 115 Mackenan Drive - Cary, NC: 27511 E919469.3340wwww.winersravenelcom I License No. F-1479 Asheville I Cary/ Chariote/Gremnsborol: Pittsborol Raleigh! I Southern Pinesl - Wilmington WithersRavene! Our People. Your Success. Town of Liberty Task Order No. 2 Liberty, NC Liberty Spring 2024 BIL Lead Service Line Application A. Preliminary Matters This Task Order is hereby included as an addition to and incorporated as part of the On-Call Services Agreement awarded June 26, 2023 between the Town of Liberty (Client) and WithersRavenel, Inc. (Consultant) for professional services. B. Project Description This fee agreement is intended to provide the scope of services and associated fees to provide consulting services perr request of Town ofL Liberty andf formalize an agreement fori thei implementation Listed below is a summary of the key aspects of the project based on discussions and preliminary research. Refer to the Scope of Services and Additional Services/Exclusions for further detailed For the purposes of this agreement and any subsequent agreements the following references shall and logistics for these services. This agreement is based on the project located in Liberty, North Carolina. information. apply: 1. Town of Liberty shall be known as the' "Client" or' "Town". 2. WithersRavenel shall be known as the' Consultant". 3. The property and overall project shall be known as the "Project". 5. Division of Water Infrastructure shall be known as' "DW!". 6. The executed agreement shall bel known as the' Agreement". 4. North Carolina Department of Environmental Quality shall be known as NCDEQ". The Client wishes to pursue funding assistance from NCDEQ's DWI through the BIL Drinking Water State Revolving Fund (DWSRF) Lead Service Line Replacement Funds and would like assistance with completing the application for the June 2024 funding cycle (Project). The primary objective of the Project is to obtain funding fort finding and replacing service lines as discovered. C. Timeline for Services Consultant will begin work upon receipt of executed Task Order and written notice to proceed from the Client. Services will complete upon Consultant's submission of the proposed application to the North Carolina Division of Water Infrastructure by the June 07, 2024 application deadline, and delivery of a copy of the application to the Client. Liberty Spring 2024 BIL Lead Service Line Application WRI Project No. 23-0493-002 May 8, 2024 Page/1 WithersRavenel Our People. Your Success. D. Scope of Services the Task Order. Consultant shall provide the services identified under each task below as its "Basic Services" under Task1-A Application Preparation, Submittal, and Support A. Assemble all materials necessary for the application as outlined in DWI's 2024 Funding B. Prepare all forms, narratives, and all required documents to support the application process. Coordinate collection of any supporting information required for the application. D. Meet with Client representatives to discuss the scope of the projects which may be via web- Thoroughly understand project scope and prepare a technical project description. The description of the project will be described in enough detail that it will include the project purpose, what the project entails, as well as technical information such as estimates of F. Develop project cost estimates based off a technical project description. Budgets will bei ini the format stipulated by the DWI and will also be signed and sealed by Consultant's licensed Circulate application information tot the Client for review and approval, if time allows. Provide other assistance, as required, to facilitate the complete application process. J. Work with Client to support obtaining needed signatures of the application materials from the K. Submit application to DWI via their approved method and by their submittal deadline. L. Provide a PDF copy of the submitted application to Client. Hardcopy to be provided upon Program guidance. based conferencing. size/length and materials. professional engineer. H. Participate in any teleconferences with DWI and Client as needed. Client representative. request. E. Exclusions/Additional Services Services that are not included in the Scope of Services or are specifically excluded from this Agreement (see below): shall be considered: Additional Services if those services can be performed by Consultant and its agents if requested in writing by the Client and accepted by Consultant. Additional services shall be paid for by the Client in accordance with the Fee & Expense Schedule outlined in Exhibit I. The exclusions are described below but are not limited to the following: General All plan submittal, review, or permitting fees; Any work previously provided in other agreements; Any other services not specifically listed within the Scope of Services. The above list is not all inclusive, and the Scope of Services defines the services to be provided by Consultant for this project. Liberty Spring 2024 BIL Lead Service Line Application WRI Project No. 23-0493-002 May 8, 2024 Page 12 WithersRavene! Our People.) Your Success. F. Client Responsibilities completeness of this information: 1. General: The following are responsibilities of the Client and Consultant will rely upon the accuracy and a. Provide representative for communications. and decisions; b. Preferred media platforms for communications with the Client; Provide any information needed to complete the Project not specifically addressed in the d. Provide all available information pertinent to the Project, including any GIS information, e. Examine all agreements, reports, sketches, estimates and other documents presented by the Consultant and render in writing decisions pertaining thereto within a reasonable period sO f. Give prompt written notice to Consultant whenever Client observes or otherwise becomes Coordinate adoption oft the required DWI resolution ahead of the application deadline. Scope of Services; reports, maps, drawings, and any other data relative to the Project; asr not to delay the services of the Consultant; aware of any defecti in the Project or the services of Consultant; Attend one (1) virtual Town meeting as required/needed; G. Compensation for Services Consultant proposes to provide the Basic Services outlined in the Scope of Services on a lump sum basis with budgets as shown below plus reimbursable expenses in accordance with Exhibit I. The amounts set forth below have been determined based on the nature, scope and complexity of the Project as represented in the information provided to Consultant by Client prior to submittal of this agreement; subsequent changes thereto may result in additional fees. The budgeted amount reflects a discounted fee due to the requirement that an application form be submitted after the application award phase resulting in an additional assistance fee. Task No. Task Name 1 Fee $7,500 $7,500 Application Preparation, Submittal, and Support - TOTAL (Hourly) Denotes hourly tasks. Thef fee! budgets represented with hourly tasks ares goodf faithe estimates ofv what can bee expected during 1. Invoices will bei issued monthly, based on the percentage of completion for each lump sum task and the hourly rate for Consultant personnel in accordance with Exhibit I for hourly tasks, as accomplished during the billing period. Payment is due upon receipt of invoice. 2. The above fees are based on the estimated timelines noted in the Timeline for Services. Any adjustments to those timelines may result in additional fees. 3. The attached Exhibit I, Fee & Expense Schedule, is based on Consultant's rates as of the date of this agreement and may be subject to change for hourly tasks and any Additional Services that occur after any adjustments to such rates goi into effect. the performance oft this contract. Payment The Client will pay Consultant for services and expenses inaccordance with periodic invoices to Client and a final invoice upon completion of the services. Each invoice is due and payable in full upon presentation to Client. Invoices are past due after 30 days. If the Project is reliant on State and/or Federal Funds, then the Client will pay Consultant for all invoices within three (3) banking days of receipt of those State or Federal Funds. The Clienti is ultmatelyresponsible forp payment of all invoices with or without receipt of State or Federal Funds. Liberty Spring 2024 BIL Lead Service Line Application WRI Project No. 23-0493-002 May 8, 2024 Page 13 WithersRavene! Our People. Your Success. H. Acceptance This Task Orderi is valid 15 days from the date iti is transmitted to the Owner. Receipt of an executed copy of this Task Order will serve as the written Agreement between WithersRavenel and the Owner ofTroy. All Exhibits identified after the signature blocks below, including the Fee & Expense! Schedule (Exhibit I), are incorporated herein and are integral parts of the Task Order. OFFERED BY: WITHERSRAVENEL ACCEPTED BY: TOWNOFL LIBERTY Digitally signed! by Date: 2024.05.08 10:51:43 -04'00' hbas Amanda' Whitaker AATK Signature Scott Kidd Name Town Manager Title Date 4sbr Date Signature Amanda Whitaker Name Director, Funding Services Funding and Asset Management Title PREAUDITS STATEMENT: This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act (NC G.S. 159-28(a). Signature of Finance Officer: Printed Name: Date: MKos KoyBbond le-3-24 Attachment: Exhibit I- Fee & Expense Schedule Liberty Spring 2024 BIL Lead Service Line Application WRI Project No. 23-0493-002 May 8, 2024 Page/4 WithersRavene! Our People. Your Success. EXHIBIT I Fee & Expense Schedule Description Funding &A Asset Management Description Engineering& Planning Construction! Project Professional Construction! Managerl Construction! Managerl II Senior Construction Manager CADT Technicianl CADT Technician II Senior CAD1 Technician Designerl Designer II Senior Designer Landscape Architect! Landscape Architectl II Landscape Architect! III Senior Landscape Architect Landscape Designerl Landscape! Designerl II Planning" Technician Plannerl Plannerl II Planner III Senior Planner ProjectE Engineerl ProjectE Engineer I ProjectE Engineer III Senior Project Engineer Assistant Project Manager Project Manager Senior Project Manager Resident Project Representativel Resident Project Representativel I Resident Project Representativel III Staff Professionall Staff Professionalll Staff Professionall III Staff Professional IV Senior Staff Professional Senior Technical Consultant Client Experience Manager Director Principal Zoning Specialist Project Coordinator! Project Coordinator! II Project Coordinator III Senior Project Coordinator Lead Project Coordinator Rate $ 155 GIS Senior Specialist a 160 GIS Specialist 175 GIS Survey Technicianl $ 200 GIS Survey Technician! II 110 GIS Survey Technician! III 125 GIS Survey Lead $ 150 GIS Technician $ 140 GIS Analystl $ 160 GIS Analystll 180 GIS ProjectN Manager 160 GIS Manager $ 185 FGAMA Assistant Project Manager $205 Internl $ 225 Intern! II $ 140 F&AMI Implementation: Specialist $ 150 F&AMF Project Consultant! 120 F&AMI Project Consultant! II $ 130 F&AMI Project Consultant III $ 150 FGAME Project Consultant IV $ 175 F&AMS Senior Project Consultant! $ 185 F&AMS Senior Project Consultant! II $ 175 F&AMI Project Manager $ 185 F&AMF Principal $ 205 F&AMI Director $ 225 F&AM Staff Professionall $ 185 F&AMS Staff Professionall II $205 F&AMS Staff Professional III 225 F&AMS Staff Professional IV $ 105 F&AM Senior Project Manager $ 125 F&AMS Senior Technical Consultant 140 $ 95 Geomatics CADII $ 150 Geomatics CADII $ 160 Geomatics Project! Managerl $ 200 Geomatics Project Managerl II $ 210 Geomatics Project Manager III 260 Geomatics Project Professionall 240 Geomatics Project Professionall 245 Geomatics Principal 9 270 Geomatics Remote Sensing Crewl a 350 Geomatics Remote Sensing Crewll Geomatics Survey Crewl $1 100 Geomatics Survey Crewl I(2N Man) 120 Geomatics Survey Crew I (3Man) $ 130 Geomatics Senior Manager $ 140 Geomatics Survey Techl $ 150] Geomatics Survey Techl! Geomatics Survey Techl III Geomatics Survey Techl IV Geomatics Sr. Technical Consultant Geomatics SUE Crew1 1 Geomatics SUE Crew2 Rate Description Environmental Rate $ 85 $100 $105 $120 $155 $170 $195 $195 $245 $155 $ 170 $ 195 $270 $ 155 $170 $195 $110 $135 $145 $110 $135 $145 110 $ 135 $ 145 70 85 95 $ 105 95 125 155 75 $ 125 130 135 $1.75 $11.00 PerIRS 1.15 1.15 $400 $175 Environmental Technician! $155 Environmental Technician!! $80 Environmental Technician III $105 Senior Environmental Technician $125 Environmentall Project Geologist! $140 Environmentall Project Geologistl! $100 Environmental Project Geologist III $125 Environmental: Senior Project Geologist $215 $140 Environmental Assistant Project Manager $170 $175 Environmental Project Manager $225 Environmental. Senior Project Manager $215 $170 Environmental Director $70 Environmental Project Engineerl $_90 Environmental Project Engineerl II $155 Environmental Project Engineer III $125 Environmental: Senior Project Engineer $215 $135 Environmental Principal $140 Environmental Project Scientistl $145 Environmental Project Scientistl II $155 Environmental Project Scientistl III $160 Senior Environmentall Project Scientist $215 $175 Environmental Scientistl $270 Environmental: Scientist I $245 Environmental: Scientist! II $75 Environmental Geologist $120 Environmental Geologist II $160 Environmental Geologist II $200 Environmental Professionall $225 Environmentall Professional II $255 Environmentall Professional III $125 Administrative Assistant $140 Administrative Assistant! $175 Administrative Assistantll $185 Administrative Assistant III $215 Marketing Administration! $155 Marketing Administration! II $180 Director of Marketing $250 Office Administration $225 Office Administrator! $315 Office Administrator! $160 Office Administratorl III $195 $240 Bond Prints (Per Sheet) $225 Mylar Prints (Per Sheet) $65 Mileage $95 Delivery-F Project Specific (Distance &P Priority) $125 Subcontractor Fees (Markup) $135 Expenses/ /Reprod. /Permits (Markup) $225 $195 Expert Witness $265 Geomatics Environmental: Seniorl Technical Consultant $ 240 Senior Resident Project Representative $ 150 Geomatics CADI $105 Administrative Project Coordinators Expenses Other Effective. January 1, 2024 - Schedule iss subject to change Engineers Planners] Surveyors RESOLUTION BY GOVERNING BODY OF APPLICANT project described as1 thel Liberty Lead Service Line Find and Replace Project and WHEREAS, The Town of Liberty has need for and intends to construct, plan for, or conduct a study in a WHEREAS, The Town oflibertyintends to request State loan and/or grant assistance for the project, NOW' THEREFORE BE IT RESOLVED, BY THE TOWN COUNCIL OF THE TOWN OF LIBERTY: That the_ Town of Liberty, the Applicant, will arrange financing for all remaining costs of the project, if That the Applicant will provide for efficient operation and maintenance of the project on completion of That the Applicant will adopt and place into effect on or before completion of the project a schedule of fees and charges and other available funds which will provide adequate funds for proper operation, maintenance, and administration oft the system andi the repayment of all principal andi interest on the debt. That the governing body of the Applicant agrees to include in the loan agreement a provision authorizing the State Treasurer, upon failure of the Town of Liberty to make a scheduled repayment of the loan, to withhold from the Town of Liberty any State funds that would otherwise be distributed to the local government unit in an amount sufficient to pay alls sums then due and payable toi the State as a repayment oft the loan. That Scott Kidd, Town Manager, the Authorized Representative and successors sO titled, is hereby authorized to execute and file an application on behalf of the Applicant with the State of North Carolina for al loan and/or That the Authorized Representative, and successors sO titled, is hereby authorized and directed to furnish such information as the appropriate State agency may request in connection with such application or the project: to make the assurances as contained above; and to execute such other documents as may be That the Applicant has substantially complied or will substantially comply with all Federal, State, and local laws, rules, regulations, ordinances, and funding conditions applicable to the project and to Federal and State approved for a State loan and/or grant award. construction thereof. grant to aid int thes study of or construction of the project described above. required in connection with the application, grants and loans pertaining thereto. Adopted this the 2g of May 2024 at Liberty, North Carolina. FORM FOR CERTIFICATION BY THE RECORDING OFFICER The undersigned duly qualified and acting Town Clerk of the Town ofl Liberty does hereby certify: That the above/attached resolution is at true and correct copy oft the resolution authorizing thet filing of an application with the State of North Carolina, as regularly adopted at a legally convened meeting oft the LibertyTown Council duly held on the 27th day of May, 2024; and, further, that such resolution has been fully recorded in the journal of proceedings and records in my office. INWITNESS WHEREOF, I have hereunto set my hand this 28 day of May, 2024. &. fum of Recording Officer) 5/AKR4 ps Town Clerk (Title of Recording Officer) Note: an Attestation by the Clerk/Recording Officer may be used in lieu of the Form for Certification by the Recording Officer. Town of Liberty P.O. Box 1006 239 South Fayetteville Street Liberty, North Carolina 27298 (336) 622-4276 phone (336) 622-2665 fax RESOLUTION 2024-18 RESOLUTION AUTHORIZING A TEMPORARY STREET CLOSING IN ACCORDANCE WITH THE LIBERTY CODE OF ORDINANCES S 90.33 WHEREAS, the Town of Liberty is willing to accommodate temporary street closures for WHEREAS, the Town Manager will have appropriate traffic control devices installed to WHEREAS, the Town of Liberty Chief of Police has received a written request for a temporary street closing from Liberty Elementary School for Field Day activities and civic events; and give notice oft the temporary street closing; and recommends said closing per the attached map; and WHEREAS, this event will benefit the community and not hamper other Town of Liberty NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Liberty, North Carolina, meeting in regular session on the 28th day of May, 2024 allow the temporary activities on the date of request; and street closing below: On Monday June 10, 2024 for the purpose of the Liberty Elementary School Field Day to occur there willl be closure of a portion of N Fayetteville Street from 8 AM-2F PM. Filmore York, Mayor/ ihnvelpe ATTEST: pib By Brown, Town Clerk ALAUSISL ISsnegN IsusnegN OGEYCIIEVISL NDepolst NDepoIst e Do