HITE 1833 MINUTES Regular Meeting of the City Council 6:30 p.m. Tuesday, April 27, 2021 317 S. Madison Street, Whiteville, NC, 28472 The Regular Meeting oft the City Council of the City of Whiteville was called to order on Tuesday, April 27, 2021, at 6:30 p.m., at 317 S. Madison Street, Whiteville, NC, Advisement of Virtual Meeting. This meeting was made available in a virtual environment. Viewers were invited to submit comments via the Q&A function 28472. located within the Microsoft Teams application. 1) ROLL CALL PRESENT: ABSENT: Terry Mann, Justin Smith, Jimmy Clarida, Tim Collier, Vickie Pait, and Kevin' Williamson Tim Blackmon Others in Attendance: Darren Currie, City Manager; Carlton Williamson, City Attorney; Bonnie Williams, City Clerk; Colburn Brown, Finance Director; Robert Lewis, Planning Director; Madison Ward, Economic Development Planner; Hal Lowder, Emergency Services Director; David Yergeau, Fire Chief; Ivey 2) CALL TO ORDER - Mayor Mann called the meeting to Order at 6:33 pm. 3) INVOCATION provided by Council Member Clarida. 4) PLEDGE OF ALLEGIANCE led by Mayor Mann. Schofield (The News Reporter) 5) ADOPTION OF AGENDA Vickie Pait SECONDED the motion. VOTE: 6-0 (Unanimous) Pait, Kevin Williamson) Nays: 0 Absent: 1 (Tim Blackmon) Justin Smith MOVED to approve the agenda as presented. Yeas: 6 (Terry Mann, Justin Smith, Jimmy Clarida, Tim Collier, Vickie 6) APPROVAL OF MINUTES 6.1) Consideration for Approval of Minutes Special Meeting on April 13, 2021 Regular Meeting on. April 13, 2021 meetings held on April 13, 2021. Kevin Williamson SECONDED the motion. VOTE: 6-0 (Unanimous) Pait, Kevin Williamson) Nays: 0 Absent: 1(Tim Blackmon) Vickie Pait MOVED to approve the minutes for the special and regular Yeas: 6 (Terry Mann, Justin Smith, Jimmy Clarida, Tim Collier, Vickie 7) PUBLIC COMMENT-None 8) BUSINESS 8.1) Consideration for Capital Project Ordinance (2021-0-81) Phase II Mollies Branch Sewer Line and Approval of Authorized Agent Mr. Currie reported that Resolution No. 2021-R-135 and Ordinance No. 2021-0-81 are necessary requirements for Phase Il of the Mollies Branch project. He explained that the capital project ordinance establishes aj preliminary budget for the project as this will be another fund established within the City's operating budget. Resolution No. 2021-R-135, establishes the City's Authorized agent and allows the manager to sign necessary documents for this project. As the project progresses, the Manager can sign-off on pay requests and other minor documents the State requires. Major changes to the project will Kevin Williamson MOVED to approve the Capital Project Ordinance No. 2021-0-81 and Resolution No. 2021-R-135 as Authorized Agent for Resolution (2021-R-135): for the City continue to need Council approval. Mollies Branch Phase II. Jimmy Clarida SECONDED the motion. VOTE: 6-0 (Unanimous) Vickie Pait, Kevin Williamson) Nays: 0 Absent: 1 (Tim Blackmon) 04272021_signed Yeas: 6 (Terry Mann, Justin Smith, Jimmy Clarida, Tim Collier, Ord_No. 2021-0-81 Wville Capital Proj. Ord_ Phase 2 Mollies Branch Resolution No. 2021-R-135 Phase 2 Mollies Branch 04272021. f Mr. Brown reported that during the development of thel FYE2021 Budget, the debt service payment for the Flex Net system financing was inadvertently omitted from the detail department template. He advised that BA-FY20-21-13 corrects this omission. Jimmy Clarida MOVED to approve FY20-21 Budget Amendment 13. Justin Smith SECONDED the motion. VOTE: 6-0 (Unanimous) Vickie Pait, Kevin Williamson) Nays: 0 Absent: 1 (Tim Blackmon) BAFYE21-13.04272021 f 8.2) FYE2021 Budget Amendment 13 Yeas: 6 (Terry Mann, Justin Smith, Jimmy Clarida, Tim Collier, 9) COUNCIL COMMENTS Mayor Pro Tem Smith reported that he continues to hear complaints from citizens regarding Leaf & Limb pick up. Mr. Brown advised that he has been meeting with Waste Management (WM) in order to get these issues resolved. WM had reported to Mr. Brown that they were having issues with personnel and management level scheduling. He stated that his Mayor Mann commented on the clean-up project at the shopping center behind BB&T and McDonalds on Madison Street. He also reminded Council that they have a special meeting scheduled on Monday, May 3, 2021 at 12:30 pm, he advised that the Council would be meeting along with the Planning Board to review changes to GS Chapter 160D. office is monitoring the matter closely. 10) REPORTS 10.1) Manager's Update Mr. Currie reported on the following matters: Mollies Branch, ABC Store construction, Commerce Street stormwater project, West Whiteville Park project, and the status of Stop' Work Orders on different Council received reports from thet following departments: Office of the City Clerk, Emergency Services, Finance, Fire, Human Resources, projects in the City. 10.2) Monthly Departmental Reports for March 2021. Inspections, Parks and Recreation, Planning/Economic Development, Calling a Closed Session.- A public body may hold a closed session only upon ar motion duly made and adopted at an open meeting. Every motion to close a meeting shall cite one or more of the permissible purposes listed in subsection (a) of this section. A motion based on subdivision (a) )(1) of this section shall also state the name or citation of the law that renders the information to be discussed privileged or confidential. A motion based on subdivision (a) (3) of this section shall identify the parties in each existing lawsuit concerning which the public body expects to receive advice during the closed session. Jimmy Clarida MOVED to approve Moving into Closed Session pursuant to NCGS 143-318.11 (1) (5) to discuss Real Properly/Negotiating the Price and Other Materials of a Contract or proposed Contract for the Acquisition of Real Property by Purchase, Option, Exchange, orl Lease at 6:50 pm. Police, Public Works, and WWTP. 11) CLOSED SESSION Vickie Pait SECONDED the motion. VOTE: 6-0 (Unanimous) Pait, Kevin Williamson) Nays: 0 Absent: 1 (Tim Blackmon) Session. 12) ADJOURNMENT Yeas: 6 (Terry Mann, Justin Smith, Jimmy Clarida, Tim Collier, Vickie Council returned from Closed Session at 7:21 pm and took no action in Open Kevin Williamson MOVED to approve the adjournment of the regular meeting held on April 27, 2021 at 7:23 pm. Vickie Pait SECONDED the motion. VOTE: 6-0 (Unanimous) Pait, Kevin Williamson) Nays: 0 Absent: 1 (Tim Blackmon) Yeas: 6 (Terry Mann, Justin Smith, Jimmy Clarida, Tim Collier, Vickie Terry L. Mann, MAYOR Taon Bnmne Bonnie T. Williams, CITYCLERK ORDINANCE NO. 2021-0-81 CAPITAL PROJECT ORDINANCE PHASEZSYSTEMI IMPROVEMENTS PROJECT BEI IT ORDAINED byt the Governing Boardi ofthe City of Whiteville, North Carolina that, pursuant to Section: 13.2ofc Chapter 159 ofthe General Statutes ofr North Carolina, the following capital projecto ordinancei ish herebya adopted: Thep projecta authorizedi isf fort the Phase 2Sewer Improvements tol bef financed by a Clean Water State Revolving Fund Loana andt the City of Whiteville. Thec officers oft thisu unit are herebyo directedt to proceed with thec capitalp project withint thet terms oft the! bondr resolution, fundingo documents, andt theb budget contained Thef following amounts are appropriatedi fort thep project: herein. Administration Engineering Construction Loan ClosingF Fee $237,410.00 $213,630.00 $2,449,758.00 $58,016.00 $2.958.814.00 $2,900,798.00 $58,016.00 $2.958,814.00 Thef followingr revenues are anticipated tol bea availablet to complete thisp project: Clean Water State Revolving Fund Cityo ofv Whiteville The Finance Officeri is herebyo directed tor maintain within the Capital Project Funds sufficients specifico detailed accounting recordst to satisfyt ther requirements ofthe funding agency, thef fundinga agreements, andf federalr regulations. Funds may bea advanced from the General Fund fort thep purpose ofr making payments as due. Reimbursement requests should ber madet to thef fundinga agencyi ina an TheF Finance Officeri is directedt tor report, on a quarterlyb basis, ont thef financial status ofe eachp projecte elementi ins Section 3a and ont thet totalr revenues receivedor The Budget Officerisd directed toi include ac detailed analysis ofp past andf future costs andr revenues ont this capitalp projecti ine every budgets submission made tot this Copieso oft this capital project ordinance: shall bef furnishedt tot the Clerkt tot the Governing Board, andt tot theE Budget Officer andt the Finance Officer ford directionin orderly andt timely manner. claimed. Board. carrying outt this project. Ordinancel No. 2021-0-81 Adopted this2 27th dayo ofA April,: 2021 b Terry Mann, Mayor ATTEST: BMs Ordinance No.2 2021-0-81 Resolution No. 2021-R-135 Resolution by Governing Body of Applicant WHEREAS, the North Carolina Clean Water Revolving Loan and Grant Act of 1987 has authorized the making of loans and grants to aid eligible units of government in financing the cost of construction of wastewater treatment works, wastewater collection systems, and water supply systems, WHEREAS, the North Carolina Department of Environmental Quality has offered a State Revolving Loan in the amount of $2,958,814 for the constructions of Phase II of Mollies Branch. The project entails rPlacementrehabiliation of 6,425 LF of 8", 12", 15" VC gravity sewer, thirty (30) WHEREAS, the City of Whiteville intends to construct said project in accordance with the NOW THEREFORE, BEI ITI RESOLVEDI BY THE CITY COUNCIL OF THE CITY OF That the City of Whiteville does hereby acceptt the State Revolving Loan offer of$2,958,814. That the City of Whiteville does hereby give assurance to the North Carolina Department of Environmental Quality that all items specified in the loan offer, Section II- Assurances will be adhered That Darren Currie, City Manager, ands successors sot titled, is hereby authorized and directed to furnish such information ast the appropriate State agency may request inc connection" with such application ort thep project; tor make the assurances as contained above; and to executes such other documents asr may! be That the City of Whiteville has substantially complied or will substantially comply with all Federal, State and local laws, rules, regulations, and ordinances applicable to the project and tol Federal water conservation; projects; and manholes, and twenty-five (25)s servicesi in Whiteville, North Carolina; and approved plans ands specifications; and WHITEVILLE: to. required inc connection with application. and State grants and loans pertaining thereto. Resolved this 27th day of April, 2021 CITYOF WIITEVILLE, NORTIIG CAROLINA By: Torylen Mayor Terry Mann Attest: Bonnie Williams, Bbser FITENT JEI CityClerk Pagelofi Resolution' No. 2021-R-135 CITY OF WHITEVILLE Budget Amendment FY2020-2021 Amendment: # Revenue Account 50-3990-0000 13 Current Budget 102,447 Increase (Decrease) 157,689 Revised Budget 260,136 Account Description Fundl Balance. Appropriated Expenditure Account 50-8200-8900 50-8200-9000 JUSTIFICATION: Current Budget 0.00 0.00 Increase (Decrease) 145,509 12,180 Revised Budget 145,509 12,180 Account Description Loan! Payment- Principal Loan] Payment- Interest To budget for the first annual principal & interest payment for the BB&T FlexNet Smart Utility System Loan that was inadvertently omitted from the Original Adopted) Budget Ordinance for FY20-21. REVIEWEDBY: APPROVEDBY: at Whiteville, North Carolina. AFFIRMEDI BY: ATTESTEDI BY: DATE: 4/27/2/ AE Financel Director 3 CityN Manager DATE: #/29/304 DULY ADOPTED this 27* dy_Apif 2021 by the Whiteville City Council Terryl Tehh Mann, Mayor City Sflhs