Town of Mocksville Regular Board Meeting November 7,2023  The Town of Mocksville Board of Commissioners met for the Regular Board Meeting on Tuesday, November 7, 2023 at 6:00 p.m. in Mocksville Town Hall located at 171S. Clement Street.  Present: Commissioners. Present:  Mayor, Willl Marklin Jenny Stevenson Johnny Frye Rob Taylor Justin Draughn Carl Lambert  Absent:  Others Present: Ken Gamble, Town Manager Lydia Lavelle for Al Benshoff, Town Attorney Lynn Trivette, Town Clerk Andy Lipscomb, Assistant! Fire Chief Chris Vaughn, Parks and Grounds Director Brian Moore, Public Works Director Jennifer Evens, Marketing and Communications Coordinator Emily Quance, Human Resource. Director, Deputy Clerk Rana Gaither, Administration Specialist Mayor Marklin called the meeting to order.  The Town of Mocksville Board paused for a moment ofs silence. Jacob Winston from Troop 575 led the Pledge of Allegiance.  Conflict of Interest Statement  "Pursuant to NC General Statutes and the Town of Mocksville Code of] Ethics Policy adopted November 9th, 2010, amended ofJan. 6, 2019 and further endorsed on August 9th, 2022,I would ask each ofyou before you adopt the agenda ifthere is any actual, potential, or perceived conflicts ofinterest with respect to any matter on the proposed agenda which will come before the' Town Board ofCommissioners for consideration and/or decision at this meeting. Ifs so, please speak up and! let thel Board know at this time  before the agenda is adopted." Adoption of Agenda  A motion was made by Commissioner Taylor to adopt the agenda as written. The motion was seconded by  Commissioner Lambert which carried by a unanimous vote. 5-0.  November7,2023    Citizen Comments  Mayor reads; Under GS section 160A-81.1, the Board shall provide one period for public comment per month. Public comments are a valued part of the Board meeting but we also have to handle monthly business items. Ifyour public comment is not heard this month we provide the same opportunity at each month's Board meeting. Public comments are limited to 3 minutes per comment. Thel Mayor asks that groups appoint spokespersons for groups supporting the same position, especially when the number of people wishing to attend the meeting exceeds the capacity ofTown Hall. When the comments become repetitive and no longer provide new information then discussion for this meeting may be stopped. Asa reminder, the comment period is not a question and answer session. As always, the Mayor shall provide  for the maintenance of order and decorum in the conduct oft the comment period.  No one: spoke.  Communications from Boards, Commissions & Agencies  Mayor recognized:  Proclamation Recognizing Beth Thompson's Retirement of20 Years Proclamation Recognizing Tami Langdon's) Retirement of7 Years Ms. Henriksen addressed the Board and presented the FY 22-23 ABC audit.  Mocksvile-Cooleemee ABC. Audit Turlington and Company, LLP- - Marcia Henriksen, CPA, Partner  Junior Fire Program - Chief Carter  A. motion was made by Commissioner Frye to approve the. Junior Fire Program. The motion was seconded. by Commissioner Lambert which carried bya unanimous vote 5-0. Code Enforcement Report - Brandon Emory, Alliance Codel Enforcement  Mr. Emory addressed the Board and presented his code enforcement report to update the Board.  Consent Agenda  A motion was made by Commissioner Taylor to adopt the consent agenda as presented. The motion was seconded by Commissioner Stevenson which carried by a unanimous vote of5-0. Items approved were: (A) October. 3, 2023 Regular Board. Meeting and Closed Session (B). Monthly Financials (C) Tax  Releases and (D) Contribution BasedCap Report.  November 7, 2023    Consider Envirolink Contract Amendment 003 - ORC Services for Distribution and Collection  Systems  Town Manager Gamble addressed the Board:  Davie County Manager Brian Barnett advised me in al letter dated September 1,2023 that Davie County would not bei renewing the Interlocal Agreement for Operator in Responsible Charge (ORC) services which is set to expire on December 1, 2023. This contract amendment is needed so Envirolink can provide ORC: services required by the state for our water distribution system and wastewater collection The reason the Town approached Davie County when we first needed these services is due to Envirolink's high cost structure. Ia am happy to report that Envirolink has agreed to provide ORC services A motion was made by Commissioner Lambert to approve Envirolink's contract amendment 003 for ORC services for distribution and collection systems. The motion was, seconded by Commissioner Taylor which Consider Repairing or Demolishing 9001 N. Main Street Minimum Housing Ordinance G.S. 160D-  system.  at the same cost Davie County was providing it.  carried byo a nanimous vote. 5-0.  1201  Town Manager Gamble addressed the Board:  Our current code enforcement contractor, Alliance Code Enforcement, inspected the property on April 17, 2023 and mailed the owner, Mark T. Karlek, a written 1"Notice of Violation on the same date. The officer cited numerous minimum housing violations and the letter set a 15 day deadline for making necessary repairs or demolishing the structures. After the 15 day deadline passed, the code enforcement officer maileda written 2nd Notice ofViolation- - Notice of Hearing dated May 8,2 2023 with al hearing scheduled for May 24, 2023. The owner, Mark T. Karlek did not attend the hearing due to illness, but remained in contact with the code enforcement officer. The code enforcement officer issued a written Finding of Fact - Final Order on. June 16, 2023 and mailed it tol Mr. Karlek. The code enforcement officer has been working with Mr. Karlek for over six months in an attempt to get the property back into compliance. When property owners are working diligently towards compliance, the Town allows reasonable extensions as long as significant progress continues. However, while Mr. Karlek has done some work removing vines and painting part of the front of the structure, no significant progress has been made on the minimum housing issues since. July 2023. Therefore, Mr. Karelk has been notified of staff's intent to request that the Board of Commissioners issue al Repair or Demolish Ordinance on November 7, 2023. Town Attorney Al Benshoff has reviewed the code enforcement file and advised all legal This is only the latest chapter in a story that goes back for more than twenty years of this property being vacant and deteriorating year by year. NFOCUS, the code enforcement company we had when I became Manager in May 2021, worked on this property, then Benchmark from. July 2021 - June 2022, then Davie County while they were providing code enforcement services for the Town from July 2022-1 March 2023. Thej property has been under the same ownership since April 24, 1996 and the owners have been aware  requirements to proceed have been met.  for quite some time that major work has been needed to be done to thej property.  November 7, 2023    The Board can and should provide guidance on a reasonable deadline to set int this case. Considering the history oft thej property Ido not think al Board imposed deadline should be any longer than six months. I recommend three months with extensions provided only as long as significant progress is being made. A motion was made by Commissioner Draughn to adopt the repairing or demolishing 900 N. Main Street minimum housing ordinance G.S. 160D-1201 andj file with the register of deeds. An ordinance ordering the Town ofl Mocksville code enforcement to! proceed to effectuate the purpose ofthe Mocksville minimum housing code and G.S. 160D-1201. The motion was seconded by Commissioner Stevenson which carried Consider Budget Amendment #3 FY2 23-24 Creating a New Expense Linel Item for Enterprise Fund  byat unanimous vote. 5-0. Utility Cuts  Town Manager Gamble addressed thel Board:  Thel basic premise behind the Enterprise Fund is that iti is al business and should pay its own expenses. However, this has not been the case for utility cuts. When wel have ai main break, line extension, new connection, etc. we sometime have to cut the asphalt on a street to access /install the line. Int thej past, the resulting street repair has been paid with our Powell Bill: funds. While this is not an improper use of our General Fund Powell Bill allocation, it does leave less money for paving roads and maintaining Therefore, Ihave instructed Finance Director Trivette to add a utility cut line item to thel Enterprise Fund sO asphalt repairs are made as part ofour water - sewer business and are paid with water-sewer revenues. A motion was made by Commissioner Taylor t0 adopt budget amendment #3 in the amount of859,000 using additional revenues from water and sewer connections t0 create a new expense line item utility cus'mdintenance. The motion was. seconded by Commissioner Lambert which carried by a manimous  sidewalks.  vote. 5-0.  Consider Budget Amendment #4 Sale of Assets General Fund FY23-24  Lynn Trivette addressed the Board: Garden Valley" in the amount of $8,000.  This budget amendment will acknowledge the funds int the current budget year for the sale of"Park Area A motion was made by Commissioner Taylor t0 adopt budget amendment #4 ini the amount of $8,000sale ofassets (Park. Area Garden Valley), for FY23-24 General Fund. The motion was seconded by  Commissioner Stevenson which carried by a animous vote 5-0.  Consider Adopting Resolution Authorizing Town Manager to Execute and File an Application with the State of North Carolina foral Loan and/or Grant to Aid in the Study of or Construction or the Al motion was made by Commissioner Lambert to adopt the resohution authorizing town manager 10 execute application with the state ofNC for ai loan andlor grant to aidi int the study ofor construction or the project for leadservice lines inventory. The motion was seconded by Commissioner. Draughn which  Project Lead Service Lines Inventory  carried by a nanimous vole. 5-0.  November7,2023    Consider Budget Amendment #5 Upsize Agreement Approved in] FY22-23 Using Enterprise Fund  Balance FY 23-24  Town Manager Gamble addressed the Board:  Con Shelton is developing property on Eaton Road and will be required to upgrade the existing undersized 1 12" water line toa 2" line and extend that from the last hydrant on Eaton Road approximately 1600' to the property being developed (Parcel Number J 500000212/NCPN- The Town has an interest in oversizing this line to 6" to heighten fire protection levels for area property owners, correct an undersized section of the water system and improve delivery of water toj property The Town of Mocksville Code of Ordinances Section 6-6.6 allows the Town to require a developer to install a larger diameter utility line than needed for the immediate project in order tol better serve the surrounding area. When this is required the developer secures bids from at least three contractors and the Board ofCommissioners then votes whether to authorize the Town to enter into a developer contract and pay the difference in cost between the smaller and larger lines. The engineering costs for this project were  5747380983).  being developed inside the corporate limits oft the Town.  paid by Davie County Economic Development.  The bids received and the difference between the 2" and 6" lines are noted in Table 1.  Contractor Lakey's Backhoe Service Fuller Contracting J.A.G Contracting  2"Line  6"L Line  Difference to be Paid by Town $46,274 $46,803 $50,000  $19,250 $22,656 $30,000  $65,524 $69,368 $83,000  BothIa and Town Engineer Chuck Willis are recommending to oversize the line and enteri into a developer Note: This project was approved in 2022 but the contractor is just now getting started. The amount of $46,274 has not changed since approval but al budget amendment is required now that they are ready to A motion was made by Commissioner Taylor to adopt budget amendment #5 in the amount ofs46,274 upsize agreement approved in FY22-23 on Eaton. Road using enterprise find balance for FY23-24. The motion was seconded by Commissioner Frye which carried by a umanimous vote. 5-0.  agreement with Con Shelton to facilitate the project.  start.  November: 7,2023    Consider Resolution Authorizing' Town Manager/Town Clerk to Execute the Memorandum of Agreement (s) as Necessary in Accordance with the NCI League ofMunicipalities Accounting Services and Cybersecurity Grant and the Guidance and Technical Assistance Grant  Met with Charles Hines from the NCLM. The NCLM: received $25,000,000 in ARP Coronavirus State They have $15,000,000 in accounting services to be used and $10,000,000 in technical assistance.  and Local Fiscal Recovery Funds. These funds have to be spent by 2026.  Services now available are: Cybersecurity Communications Grant Services Engineering & Planning Legal Consultation  Not sure if any oft these services will meet the towns needs but plan tol look at any opportunities to help Thist resolution you are considering authorizes Town Manager and Town Clerk to research these A motion was made by Commissioner Draughn t0 adopt the resolution authorizing town managerllown clerk to execute the memorandum ofagreement (s) as necessary, in accordance with the NC League of Mumicipalities accounting. services and cybersecurity grant and the guidance andi lechnical assistance grant. The motion was seconded by Commissioner Lambert which carried. by a unanimous vote. 5-0.  them spend their funds that were given.  opportunities at no cost.  Consider Amending the FY23-24 Fee Schedule  A motion was made by Commissioner Taylor 10 approve amendment toj fee schedule adding $50 feej for driveway access permit application. The motion was. seconded by Commissioner Draughn which carried Consider Authorizing Chief Carter to Apply for Staffing Adequate Fire and Emergency Response A1 motion was made by Commissioner, Lambert to authorize Chief Carter t0 applyfor staffing, fire and emergency response (S.A.F.E.R.) grant. The motion was seconded by Commissioner Frye which carried  byat zmanimous vote. 5-0. (S.A.F.E.R.) Grant  byar unanimous vote 5-0. Communication from Town Staff Town. Attorney. AI Benshoff: N/A Town Manager Ken Gamble: N/A  November 7, 2023    Chris Vaughn addressed the Board: One leaftruck 2018 down and willl be in shop for 3 weeks. Estimate cost $5,000 to $8,000. Trying to get ahead on thel leaves while making suret thej public is aware we are Chief Carter announced a training elevator rescue taking place at Ozark Bank next Tuesday.  doing all we can to stay on top of this service.  Communication from Mayor and' Town Board Commissioner_amber: The roundabout is looking good.  Commissioner Taylor: N/A Commissioner Frye: N/A Commissioner Draughn: N/A  Commissioner Stevenson: Happy Thanksgiving to everyone.  Mayor Marklin: Halloween was big this year. Great turn out.  Motion to enter closed session per NC GS 143-318.11 (a)(3), (5) and (6), to preserve the attorney-client privilege, to discuss Town of Mocksville v.3M Company, et al; to discuss acquisition ofreal property A motion was made by Commissioner Taylor to enter closed. session 7:00pm. The motion was seconded A motion was made by Commissioner Taylor to re-enter open. session. Thei motion was seconded. by A1 motion was made by Commissioner Lambert to approve a $5,000 bonus to the Town Manager for his annual evaluation effective November" 8, 2023. The motion was seconded by Commissioner Draughn  and discuss personnel.  byCommissioner Lambert which carried by a unanimous vote. 5-0. Commissioner, Stevenson which carried by a manimous vote 5-0.  which carried by a unanimous vote 5-0.  Adjourn  Amotion was made by Commissioner Taylor to adjourn the November 7, 2023 Regular Board. Meeting. The motion was seconded by Commissioner Stevenson which carried by a uanimous vote 5-0. The attached documents are incorporated herewith and are hereby made aj part ofthese minutes.  MlargMail M  William J. Marklin, Mayor  dpn Juactie Lymn Trivette, Town Clerk, MMC, NCCMC  November7,2023