HITEV BE 1833  MINUTES  Regular Meeting of the City Council 6:30 p.m. Tuesday, November 8, 2022 317 S. Madison Street, Whiteville, NC, 28472  The Regular Meeting of the City Council of the City of Whiteville was called to order on Tuesday, November 8, 2022, at 6:30 p.m., at 317 S. Madison Street, Whiteville, NC,  28472. 1) ROLL CALL PRESENT: ABSENT:  Terryl Mann, Jimmy Clarida, Vickie Pait, Tim Collier, Helen B  Holden, and Emory Worley Kevin' Williamson  OTHERS IN ATTENDANCE: Darren Currie, City Manager; Carlton Williamson, City Attorney; Bonnie Williams, City Clerk, Colburn Brown, Finance Director; Doug Ipock, Police Chief; Hal Lowder, Emergency Services Director; Roger Lee, Building Inspector; Billy Hinz, Police Major; Andre Jackson, Police Lieutenant; Thomas Riggins, Police Lieutenant; Josh Cartret, Police Officer; Emily Sarvis, Police Technical Services Manager; Members of the Cartret Family; Members of the Police Department; Dr. Ron Flack; Sonya Green; Rebekah Benton; Joseph Williams (The News Reporter); and Members oft the  Public 2) CALL TO ORDER By Mayor Mann at 6:30 pm. 3) INVOCATION Provided by Council Member Collier. 4) PLEDGE OF ALLEGIANCE Led by Mayor Mann. 5) ADOPTION OF AGENDA Helen B Holden SECONDED the motion. VOTE: 6-0 (Unanimous) Holden, Emory' Worley) Nays: 0 Absent: 1 (Kevin Williamson) 6.1) Consideration for Approval of Minutes meeting held on October 25, 2022 as presented. Tim Collier SECONDED the motion. VOTE: 6-0 (Unanimous) Nays: 0  Vickie Pait MOVED to approve the adoption of the agenda as presented.  Yeas: 6 (Terry Mann, Jimmy Clarida, Vickie Pait, Tim Collier, Helen B  6) APPROVAL OF MINUTES  Jimmy Clarida MOVED to approve the minutes for the regular  Yeas: 6 (Terry Mann, Jimmy Clarida, Vickie Pait, Tim Collier,  Helen B Holden, Emory Worley) Absent: 1 (Kevin Williamson)  7) PUBLIC COMMENT NONE.    8) PRESENTATION  8.1) Law Enforcement General Certification Recognition  Chief Ipock presented Officer Joshua Cartret and explanined that in compliance with Chapter 17C of the General Statues of the State of North Carolina, and specifically with the appropriate Rules of Chapter 9 Title 12 of the North Carolina Administrative Code, as promulgated by the Criminal Justice Education and Training Standards of Commission under the authority of that statutory Chapter, Joshua Seth Cartret has submitted all required documentation and fulfilled all requirements necessary to the determination of his suitability to be appointed as a Law Enforcement Officer within this State. Upon due consideration, the Commission finds and certifies Officer Joshua Cartret as a Law Enforcement Officer in the State of North Carolina. Council received the 8.2) Request from Dr. Ron Flack, Jr on behalf of Volunteers of America CC Dr. Ron Flack, Vice President of the Carolinas Territory and representing Healthy Opportunities VOA Chesapeake and Carolinas, made a presentation to City Council regarding the program. He introduced Ms. Sonya Green, the Program Coordinator for our area. He explained the history of the development of the program and described the services the program provides to eligible persons. The services covered include four catagories, those being 1) Food Insecurity, 2). Intimate Partner Violence, 3) Housing, and 4) Transportation. He explained that eligiblity stemmed from the person living in the region and at least one physicalbehavioral health criteria such as: 1.Adults having two or more qualifying chronic conditions, 2. Pregnant women with al history of poor birth outcomes, 3. Children ages 0-3 (neonatal intensive care unit graduate), and 4. Children ages 0-20 (experiencing three or more categories of adverse He explained that another qualifying factor is a social risk factor, defined as homeless and/or housing insecure, food insecure, transportation insecure, at risk of witnessing or experiencing interpersonal violence. He discussed the services provided for housing. Dr. Flack continued to describe evaluations and outcomes for persons in the program, in addition to how the program accepts referrals. He briefly described the funding sources for the program. Brief discussion ensued with Council. Mayor Mann encouraged Dr. Flack to make this presentation to the  presentation and no action was taken.  childhood experiences)  County. No action taken by Council. 9.1) Vineland Depot Non-Profit Weekend Rates  9) BUSINESS  Mr. Brown addressed Council explaining Staff's recommendation is to lower the non-profit rate for weekend rentals, while maintaining the economic viability of Vineland Depot operations. Mr. Brown explained that persons/groups wanting to rent the Depot would be required to provide proof of their 501(C) designation from the IRS in order to qualify for the discounted rate. Mr. Brown proposed that the new non-profit rate 1.N Non-Profit Weekend Rate (Friday Sun) - $750 per day. 2. Non-Profit Weekend Package (Friday, Saturday, and Sunday) = Jimmy Clarida MOVED to approve the adoption of the proposed amendment to the FY2022-23 Schedule of Fees as the following: 1.Non-Profit Weekend Rate (Friday Sun) - $750 per day. 2. Non-Profit Weekend Package (Friday, Saturday, and Sunday) - $1,875, and noting that qualifing non-profit entities will have to provide current proof of the 501(C) designation from the IRS. Tim Collier SECONDED the motion. VOTE: 6-0 (Unanimous) Nays: 0  be thet following: $1,875  Brief discussion ensued with Council.  Yeas: 6 (Terry Mann, Jimmy Clarida, Vickie Pait, Tim Collier,  Helen B Holden, Emory Worley) Absent: 1 (Kevin Williamson)  9.2) Consideration for the Whiteville High School Law &. Justice Academy    Memorandum of Understanding (MOU)  Chief Ipock explained the purpose of the Whiteville High School Law & Justice Academy and that it is to provide enhanced Career and Technical Education opportunities in additional to providing foundational knowledge to students, for the benefit and use in careers and higher education in the law and justice field in the City of Whiteville or beyond. He advised that the Memorandum of Understanding is to identify the roles of this collaborative relationship as they relate to providing high school students an opportunity to participate in Law and Justice training and education. He stated that there is minimal cost to the City and will Emory Worley MOVED to approve the Draft Memorandum of Understanding. between Whiteville City Schools Career & Technical Education, Whiteville High School and Whiteville Police Department as  not create a hardship on staffing resources.  presented. Vickie Pait SECONDED the motion. VOTE: 6-0 (Unanimous), Nays: 0 Duke Energy  Yeas: 6 (Terry Mann, Jimmy Clarida, Vickie Pait, Tim Collier,  Helen B Holden, Emory Worley) Absent: 1 (Kevin' Williamson)  9.3) Consideration for Approval of Release Statement Between the City and Mr. Currie explained that this release statement is associated with the paving of Flitter Hill Road. He reported that Duke Energy wanted the City to obtain pricing on repairing the road after the substation project was completed. He advised that the agreement is for approval of Duke Energy paying the City the cost of paving. He advised that the entire road will be repaved due to the number of patches it was going to need. Mayor Mann added that there will be a ribbon cutting for the new Vickie Pait MOVED to approve the Flitter Hill Road Release and  substation on November 21, 2022 at 11 am. Settlement Statement as presented. Helen BI Holden SECONDED the motion. VOTE: 6-0 (Unanimous), Nays: 0 City Manager  Yeas: 6 (Terry Mann, Jimmy Clarida, Vickie Pait, Tim Collier,  Helen BI Holden, Emory Worley) Absent: 1 (Kevin Williamson)  9.4) Consideration to Approve City Manager's Recommendation of Acting Mr. Currie explained that he will be having surgery on November 16 for ar medical condition which will require him to be out for approximately two months. He reported that in the Counci-Manager form of Government, there are duties assigned to the City Manager by Statute. He stated that NCGS states that a municipality under this form of government must have a designated City Manager. He advised that NCGS 160A-149 states that the manager makes a recommendation to Council for approval as acting City Manager. He advised that Council can approve that person or chose someone else. He stated that he recommended that Mr. Colburn Brown, Finance Director to be named Acting City Manager during his absence. Jimmy Clarida MOVED to approve the manager's recommendation and name Colburn Brown as Acting City Manager during Mr. Currie's absence, with an effective date of November 14, 2022. Tim Collier SECONDED the motion. VOTE: 6-0 (Unanimous) Nays: 0  Yeas: 6 (Terry Mann, Jimmy Clarida, Vickie Pait, Tim Collier,  Helen B Holden, Emory Worley) Absent: 1 (Kevin Williamson)  9.5) Update on Operational Funds Financial Performance Year-to-Date. Mr. Brown provided Council a report for a review of the City's Operating Funds Financial Performance, Year-to-Date. He reviewed the General fund, Powell Bill fund, WDDC fund, Sanitation fund, Water fund, Sewer    fund, Stormwater fund, and the Vineland Depot fund. Brief discussion Council Member Worley inquired of the status of the street sweeper machine and an operator. Mr. Currie advised that the machine is being used somewhat now with hopes of it being on a more regular schedule. He also advised that there is limited staff who can operate the machine and that other staff are being trained to operate it. Mayor Pro Tem Clarida stated that he thought the Hailloween Festival hosted by Police and Fire was a great success, and he thanked the Chief Ipock and Chief Yergeau as well as the staff who worked the  ensued and no action was taken by Council.  10) COUNCIL COMMENTS  program. Mayor Mann concurred. 11.1) Manager's Report  11) REPORTS  Mr. Currie reported on the following: 1) Mollies Branch Stormwater Project He worked with Travis Klondyke on the submittal of the Golden Leaf Grant ($249,000) for engineering on this project. All the necessary documents have been submitted and now are waiting for the announcements. He advised that given the track record of the Coastal Design Lab, he is very optimistic the City will receive funding, 2) Mollies Branch Phase II Sewer He reported there was good news and bad news regarding this project. He reported the good news is that the project has begun. The contractor began at the lift station and is working his way out to Franklin Street. He advised that the bad news is that the force main that leaves the lift station going to the plant is in the way; we now have to bypass the force main sO the project can continue. He reported that this expense was not anticipated and that this part may have to be paid with local funds, 3) Pecan Harvest Festival He reported that the Pecan Harvest Festival kicks off on Friday (November 4) with the luncheon at 11:30 am. The parade on Saturday (November 5) begins at 10am. He asked that those interested in riding in the parade meet at City Hall at 9:30am on Saturday, and 4) West Whiteville Park He reported that the contractor has ordered the materials for the shelter. As soon as they arrive and the other material, he will begin Mr. Lowder provided brief notes regarding Tropical Storm Nicole. Vickie Pait MOVED to approve the adjournment of the regular meeting on  work, an exact date is not known at this time.  12) ADJOURNMENT  November 8, 2022 at 7:25 pm. Helen BI Holden SECONDED the motion. VOTE: 6-0 (Unanimous) Holden, Emory Worley) Nays:0 Absent: 1 (Kevin' Williamson)  Yeas: 6 (Terry Mann, Jimmy Clarida, Vickie Pait, Tim Collier, Helen B  Terry/L. Mann, Bonnie   aHep  2  1833    RELEASE. ANDS SETTLEMENT AGREEMENT  This Release and Settlement. Agreement ("Agreement"), is effective as ofl November 2022, by and between the CITY OF WHITEVILLE ("Releasor"), Duke Energy Progress, LLC ("Duke For and in consideration oft the one-time payment of One Hundred Thirty-Eight Thousand' Two Hundred Ninety Five and 00/100 Dollars ($138,295), in hand paid by Duke Energy and other good and valuable consideration, the receipta and sufficiency ofv which are hereby acknowledged, Releasor and Duke Property: Releasor owns and maintains the public right of way know as Flitter Hill Road located in Whiteville, Columbus County, North Carolina (the "Road") shown on Exhibit A, attached hereto and Repair: Duke Energy constructed: ar news substation: andi related improvements onp property itd owns adjacent tot thel Road (the' "Project"). City believes that the Project has caused damage tot the Road and desires to repair the damage ("Repair"). Duke Energy desires to contribute to the costs of Repair to settle any of Release: Releasor does hereby fully release and forever discharge Duke Energy, itsi members and affiliates and each ofi its and their directors, officers, members, employees, agents, and representatives, and its and their successors and assigns, from any and all claims, demands, actions or rights ofa action ofe every nature whatsoever, now existing or hereafter to arise, whether now known or apparent or unknown and not now Itise expressly understood: and agreed that the acceptance oft the consideration and the terms ofthis Agreement are in full accord and satisfaction of, and in compromise of, a disputed claim, and that the payment therefor isr not ana admission ofliability, buti made fort thep purpose of terminating a dispute between the parties. Itis further understood: anda agreed that this Agreement: appliest toa all claims that may bep pleaded andi isab bart to any claim of any kind whatsoever which may be asserted by Releasor and their successors, heirs or assigns, in connection with the aforesaid complaint. For clarity, iti is expressly agreed that this Agreement bars any future claims against Duke Energy for Duke) Energy's removal of any culverts from the Road to date. Itisf further understood that thet terms ofthis Agreement shall be confidential. Merger: This Agreement constitutes the full and entire agrecment between Releasor and Duke Energy, andi no promise has been made ofa any other or furthery payment, consideration, or satisfaction ofa any nature whatsoever for the execution oft this Agreement or ona account oft the acts and things hereinbefore recited.  Energy").  Energy agrce as follows: incorporated herein by reference.  City's claims against it for the damage.  apparent, for or ona account oft thel Project.  Executed under seal this 8th day of November, 2022. CITY OF WHITEVILLE By: eyen Name: TERPY MANN Title: MAYOR  IITEVI - 1833    EXHIBIT A SITELOCATION  Gonole    Simmons Public Utility Sitel Work, Inc 6545 Dothan Road Tabor City, NC2 28463 (910)6 653-9186 Phone (910)3 377-2078 Fax (910)2 207-35841 Mobile spuswi@atmc.net Estimator: Christopher Simmons Line# Description Mi&Patch Overlay Traffic Control  Certifications DBE, SBE, MBE, HUB, HUBZ Zone NCF Pre Approved Subcontractor Proposal For: Cityo of Whiteville: S, Maltsby &Fitterk Hall Travis Faulk &I Mark Coleman Date: September 14, 2022 Quantity Unit Unit Cost 748.6 SF $37.84 4497  Total $28,327.02 $99,968.31 $10,000.00  $22,23 $10,000.00  Thank youf for giving ust the opportunityt tobido ony your project Wel lookf forwardt to doingb business withy you Christopher Simmons President  Total:  $138,295.33