MINUTES February 16,2021-7 p.m.  REGULAR MEETING OF THE NEWTON CITY COUNCIL  The regular meeting of thel Newton City Council was held at 7 p.m. Tuesday, February 16, 2021 at PRESENT: Mayor Eddie Haupt, Mayor Pro Tem John Stiver and Council Members Jerry Hodge,  Newton City Hall.  Anne Wepner,Jody Dixon, Beverly Danner and Ed Sain  STAFF:  City Manager Todd Clark, Assistant City Manager Sean Hovis, City Clerk Amy S. Falowski, City Attorney. John Cilley, City Department Heads and members ofthe  management team  ITEM1: ITEM2:  Call to Order- Mayor Eddie Haupt Opening - Mayor Pro Tem John Stiver  Mayor Eddie Haupt welcomed everyone and called the meeting to order.  Mayor Pro Tem John Stiver stated that hei is trading openings with Council Member Ed Sain this evening.  Council Member Ed Sain provided the opening and Pledge of Allegiance.  ITEM3:  Approval of Minutes from the January 19,2021 Regular Meeting  Upon motion duly made by Council Member. Jerry Hodge, seconded by Mayor Pro Tem John Stiver, it  was unanimously RESOLVED:  That the minutes from the. January 19, 2021 regular meeting be- - APPROVED  ITEM4:  Consideration ofConsent Agenda Items  Upon motion duly made by Council Member. Jody Dixon, seconded by Council Member Ed Sain, it was  unanimously RESOLVED:  That Consent Agenda be - APPROVED A. Tax Releases B. C. D. E. F. G.  Sewer Adjustments  Consideration ofl Board Appointment - Public Art Commission Consideration of Resolution for Appointment of Deputy Finance Director Consideration of Capital Project Ordinance to Establish a Capital Project Fund- Consideration to. Approve Broadband Easement on Berkshire Dr. Consideration to. Accept the 2020. Annual Wastewater Report and the 2020  NS Shipp Ave WaterLine Replacement  Annual Drinking Water Quality Report  (Ordinances, Resolutions and Proclamations are hereby referenced and on file in the Office oft the City  Clerk) ITEM5:  Comments from the Public: (IF YOU WOULD LIKE' TO MAKE Al PUBLIC COMMENT ONI NON-AGENDA ITEMS PLEASE SIGN IN WITHTHE CITY  CLERK PRIOR TOTHE MEETING):    Mayor Haupt stated that ifanyone is here to speak on parking that they may do sO during that action item.  No one appeared. ITEM6:  Public Hearing A. Food Truck Ordinance  Planning Director Randy Williams stated that at the Council Workshop in January 2020, staff presented a draft for a new Food' Truck Ordinance and received input for the Council. He stated that Staffa also solicited input and comments from the several restaurants, primarily in the downtown area, on the Mr. Williams stated that food trucks are beginning tol have more ofaj presence in Newton over the last few years. The Code ofOrdinances does not currently address the use or operation off food trucks in the city. Recently there are ai few businesses, particularly downtown, that have expressed their concerns over potential effects to their businesses. Mr. Williams stated that while food trucks do serve a need for expanded and temporary dining opportunities, staffi is cognizant that these operations could negatively Mr. Williams stated that of the comments received, staff noted there was one primary revision to the draft that should be addressed. Initially in the proposed draft, hours of operation were set at 10:00 am to 8:00 pm. Concerns were. made that these hours did not include breakfast hours or late night hours for operation. Both City Council and public comments indicated this should be revised, as they did not permit food trucks to operate with additional hours. Mr. Williams explained that Staffreviewed this request and revised the draft for hours ofoperation) from 10:00 am t0 10:00 pm. Staffreviewed ordinances from cities Mr. Williams stated that ins similar course with hours of operation, another comment was received that the 21 hour limit (or the posted on-street parking hours) on food trucks using the public right-of-way (streets) was restrictive. Mr. Williams stated that while writing the initial draft, staff reviewed this and recommended that this was in keeping with other vehicles using on-street parking. Additionally, there isa concern expressed by some that there is not enough parking in downtown. Therefore staff wanted to address this sO that there would not be an overuse, abuse or reduction the available customer/citizen Mr. Williams stated that staff sent packets to downtown restaurants again for comments in November 2020, requested questions and comments and received none. A public hearing was held by the Planning Commission, who recommended to change to thel hours to 7:00 am 10:00 pm then voted unanimously to Upon motion duly made by Mayor Pro Tem John Stiver, seconded by Council Member. Jerry Hodge, it  proposed revisions. The DNDA Board also reviewed the draft.  impact the established restaurants.  across the state and did not find that breakfast hours were generally included.  parking by food truck operations.  recommend approval to the City Council. was unanimously RESOLVED:  That Public Hearing be - CLOSED  Upon motion duly made by Council Member Ed Sain, seconded by Mayor Pro Tem. John Stiver, it was  unanimously RESOLVED:  That the Food' Truck Ordinance be ADOPTED.  (Ordinances, Resolutions and Proclamations are hereby referençed and on file in the Office oft the City  Clerk)    ITEM7:  New Business  A. Consideration of State Reserve Loan for the West A Sewer Rehabilitation Project  Finance Director Vickie Thomas stated that as part oft the City's West A Street Bikeway and Pedestrian Improvements Project, in 2017 the City submitted an application for funding through thel NCDEQ State Reserve Loan program for the replacement of2515 feet of8 8-inch clay sewer and 11 manholes along West AS Street. The estimated project budget submitted with this application was $597,875. Ms. Thomas stated that on May 14, 2019, the City received an "Offer and Acceptance for State SRP Loan" letter from the NCDEQ for funding the rehabilitation oft the West A Street sewer line portion oft the project. The sewer rehabilitation loan was for $597,875, the estimated cost oft the original sewer rehabilitation project. Ms. Thomas explained that the offered SRP loan included a 0% interest rate,a Ms. Thomas stated that on February 11, 2020, due to anticipated construction costs far exceeding the original grant application estimates, the City informed the NCDEQ that it was not going to move forward with the West A Street Bikeway and Pedestrian Improvements Project, but that it did intend to continue Ms. Thomas explained that the current cost estimate for the eligible sewer rehabilitation improvements is $1,061,073. The increase in cost from the previous estimate is due to the additional engineering fees to revise the design plans and the mobilization, asphalt pavement repair, relocation of waterlines in conflict with the sewer rehabilitation improvements, traffic control, sediment and erosion control and pavement marking replacement that was originally accounted for under the costs for the NCDOTLAPP grant. Ms. Thomas stated that the acceptance of the SRP loan requires that the City Council adopt al Resolution accepting the funding offer in the amount of $597,875 and make the applicable assurances contained, with the understanding that ifp project bids are received that exceed the original loan offer amount, the City shall submit a modified budget application for additional funds, and upon approval by DEQ, accept the Upon motion duly made by Mayor Pro Tem John Stiver, seconded by Council Member Jody Dixon, it  twenty year term, and a required closing fee of2%.  with the sewer rehabilitation portion oft the project.  additional funding.  was unanimously RESOLVED:  That the Resolution for the West A Street Sewer Rehabilitation State Reservel Loan be -  ADOPTED  (Ordinances, Resolutions and Proclamations are hereby referenced and on file in the Office ofthe City  Clerk)  B. Consideration of Budget Ordinance Amendment and Sole Source for Replacement of  Twol Pumps at Westside Pump Station  Finance Director Vickie Thomas stated that the City ofl Newton operates eight sewer pump stations. The station located at 1910 Todd Street is called the Westside Sewerl Pump Station. The station was  constructed in 1993 andi is the City's oldest station.    Ms. Thomas stated that due to the age ofthe equipment, plumbing, pump rails, and wire, Xylem Water Solutions USA, Inc., is the only vendor able to meet pump design requirements without re-plumbing, re- wiring, and re-designing the wet well of the pump station. Ms. Thomas stated that a sole source for the purchase from Xylem Water Solutions USA, Inc., is the most cost-effective means ofr replacing two Ms. Thomas stated that the FY 2021 estimated budget cost was $118,800 for replacement oft the two pumps. A quote of$108,870 was obtained after. July 1,2020. The City began the financial review process with the Local Government Commission and obtained financing of$108,870. Ms. Thomas explained that during the interim period, the vendor could not hold the quote due to an increase in equipment cost for the two pumps. The vendor's current quote is $124,000. A budget ordinance amendment of$15,150is  pumps at the station.  needed toj provide for the increase in equipment cost for the two pumps.  Staff recommends that City Council approve Xylem Water Solutions USA, Inc., as a sole source provider for the purchase oft two 88-horse-power pumps, and approve the Budget Ordinance Amendment. Upon motion duly made by Council Member. Jody Dixon, seconded by Council Member Ed Sain, it was  unanimously RESOLVED:  That Xylem Water Solutions USA, Inc., As Sole Source Provider for thel Purchase oft two  88-Horse-Power Pumps be - APPROVED  Upon motion duly made by Council Member Jody Dixon, seconded by Mayor Pro Tem John Stiver, it  was unanimously RESOLVED:  That the Budget Ordinance Amendment be ADOPTED.  (Ordinances, Resolutions and Proclamations are hereby referenced and on file in the Office of the City  Clerk)  C. Consideration of Budget Ordinance Amendment and Sole Source for Emergency  Replacement of Wastewater Treatment Plant Sludge Pump  Public Works and Utilities Director Dusty Wentz stated that the Clark Creek Wastewater Treatment Plant has two sludge pumps that move bio-solids from the reactor clarifiers to the thickeners. The thickeners are used toj prep the bio-solids into a product so it can be land applied. One oft the two was installed in 1979. The oldest pump has been rebuilt a number ofti times in the past 40 years and needs to be replaced. Mr. Wentz stated that moving wasted bio-solids (sludge) requires pumps andi is a part of processing wastewater. The failure of these pumps will cause back ups at the wastewater treatment plant, which will prompt fines from the North Carolina Department of Environmental Quality (NCDEQ) and  environmental problems.  Mr. Wentz explained that due tot the age oft the equipment, plumbing, and wire, only one vendor is able to meet the pump design requirements without re-plumbing, re-wiring, and re-designing the reactor building. Sole source is the most cost effective means in replacing this sludge pump. In order toi insure effective compliance with the North Carolina Department of Environmental Quality and toj protect the environment, staff will need to order one sludge pump with packing. The cost ofthis pump with packing Mr. Wentz stated that staffrecommends that Council approve the Sole Source. Justification Form and the  $267.39,130534002 plus $2,137.39 ofrefundable sales tax).  attached Budget Ordinance Amendment.    Upon motion duly made by Council Member. Jody Dixon, seconded by Council Member. Jerry Hodge, it  was unanimously RESOLVED:  That the Sole Source Justification Form be - APPROVED  Upon motion duly made by Council Member. Jody Dixon, seconded by Council Member. Jerry Hodge, it  was unanimously RESOLVED:  That the Budget Ordinance Amendment be - ADOPTED.  (Ordinances, Resolutions and Proclamations are hereby referenced and on file int the Office oft the City  Clerk)  D. Consideration of Budget Ordinance Amendment for Wayfinding Signs  Assistant City Manager Sean Hovis stated that the City ofNewton began installing Wayfinding signs throughout the city in 2014: and 2015. Upon completion oft the branding and marketing campaign in 2018, the city changed out the face of each sign to reflect the new brand. The city ofNewton Business Advisory Committee along with thel Newton City Council explored the need for additional Wayfinding signs along Thornburg Drive/ Hwy 16i in an effort to direct traffic into the city. Mr. Hovis stated that there are three locations that were identified where wayfinding signs could be installed informing drivers ofassets within the city. These three locations are NCI Hwy 10 at Thornburg Drive, Mt. Olive Church Road at Thomnburg Drive, and E. 20th Street at' Thornburg Drive. A total of five wayfinding signs are being requested. The request is for two wayfinding signs at each location for north and southbound traffic ise except for southbound at thei intersection ofThornburg Drive at 20th street. There is alreadya Mr. Hovis stated that while discussing the need for additional wayfinding signs the discussion led to adding another gateway entrance sign in the island median just west of Food Lion at the NC Hwy 10and  wayfinding sign for southbound traffic at this location.  NC Hwy 16 intersection. The cost breakdown is as follows: Gateway entrance sign = Tenp percent contingency Total request  $8600.00 per Wayfinding signx x 5 signs = $43,000.00 Encroachment agreements with NCDOT= $6,000.00  $9,660.00 $58,660.00 $5,866.00 $64,526.00  Mr. Hovis asked that City Council authorize a Budget Amendment in the amount of $64,550.00 for the purchase of Wayfinding signs, a Gateway entry sign and the payment tol NCDOT for encroachment Upon motion duly made by Council Member. Jody Dixon, seconded by Council Member Jerry Hodge, it  agreements.  was unanimously RESOLVED:  That Budget Amendment in the Amount of $64,550.00 for the Purchase of Wayfinding Signs, a Gateway Entry Sign and the Payment tol NCDOT for Encroachment Agreements  be - ADOPTED  (Ordinances, Resolutions and Proclamations are hereby referenced and on file in the Office ofthe City  Clerk)    ITEM8 8:  City Manager's Report Meetings & Events  February 17th and 18h- Annual Council/Staff Workshop 8:00a.m.- - 5:00 p.m. Fire  Headquarters Operational Updates  Update - Home Builders Asociation/February 3,2021  CDBG -CV Grant Update Budget Schedule  ITEM9:  Questions and Comments From Mayorand Council  City Manager Todd Clark stated that the Mayor and City Council are looking at possible new board Council Member Beverly Danner asked about bringing the max number ofc citizens (10) into the Council Chamber for future meetings instead ofhaving them int the Gantt Room. Council Member Sain stated that the chairs could be spaced and Council Members Hodge and Dixon agreed. IS Director Chris Little stated that different camera options would need to be explored. Mr. Hodge asked ifs some funds could be used from the CARES grant. Mr. Clark stated that staff would look into that as well.  appointments for Council Member Danner  ITEMI 11:  Adjournment  Upon motion duly made by Council Member Jody Dixon, seconded by Mayor Pro Tem. John Stiver, it  was unanimously RESOLVED:  That the Meeting be ADJOURNED  cahla  Eddie Haupt, Mayol  Amy S.F  ORTH  134  855.