HITEV  1833  MINUTES  Regular Meeting of the City Council 6:30 p.m. Tuesday, November 24, 2020 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, November 24, 2020, 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, Robert  Leder, and Kevin' Williamson Tim Blackmon  OTHERS IN ATTENDANCE: Darren Currie, City Manager; Carlton Williamson, City Attorney; Bonnie Williams, City Clerk; Colburn Brown, Finance Director; Doug Ipock, Police Chief; David Yergeau, Fire Chief; Robert Lewis, Planning GUESTS: Nancy Hill, Mayor of the Town of Brunswick and Al Leoanard, Town  Director; Hal Lowder, Emergency Services Director Manager fort the Town of Brunswick  2) CALL TO ORDER Mayor Mann called the meeting to Order at 6:30 pm. 3) INVOCATION Provided by Council Member Collier. 4) PLEDGE OF ALLEGIANCE Led by Mayor Mann. 5) ADOPTION OF AGENDA November 24, 2020. Tim Collier SECONDED the motion. VOTE: 6-0 (Unanimous) Leder, Kevin Williamson) Nays: 0 Absent: 1 (Tim Blackmon)  Robert Leder MOVED to approve the agenda for the regular meeting on  Yeas: 6 (Terry Mann, Justin Smith, Jimmy Clarida, Tim Collier, Robert  6) APPROVAL OF MINUTES  6.1) Consideration for Approval of Minutes Regular Meeting on November 10, 2020 on November 10, 2020. Jimmy Clarida SECONDED the motion. VOTE: 6-0 (Unanimous) Robert Leder, Kevin Williamson) Nays: 0 Absent: 1 (Tim Blackmon)  Tim Collier MOVED to approve the minutes for the regular meeting held  Yeas: 6 (Terry Mann, Justin Smith, Jimmy Clarida, Tim Collier,    7) PUBLIC COMMENT None. 8) BUSINESS  8.1) Consideration for Cape! Fear Council of Governments (CFCOG) Mayor Mann explained that April Radford, Clerk to the CFCOG Board, notificed the City on November 6, 2020 that iti is time to either reappoint or appoint the City's CFCOG delegate. Additionally, she asked that an Alternate Delegate be appointed as well, in case that primary delegate is unable to attend the CGCOG annual board meeting. Jimmy Clarida MOVED to approve Appointing Mayor Mann as the Primary Delegate and Council Member Leder as the Alternate Delegate  Delegate and Alternate Delegate  to the CFCOG. Robert Leder SECONDED the motion. VOTE: 6-0 (Unanimous) Robert Leder, Kevin' Williamson) Nays: 0 Absent: 1 (Tim Blackmon) Upcoming Meetings:December: 22, 2020  Yeas: 6 (Terry Mann, Justin Smith, Jimmy Clarida, Tim Collier,  8.2) Consideration for the Rescheduling or Cancellation of the Following Mayor Mann explained that thel location and time oft the regular Whiteville City Council meeting scheduled on December 22, 20201 falls during the week oft the scheduled City Holiday(s), Christmas. The City will observe Christmas on the dates of December 24, 25, and 28, 2020 (Thursday, Friday, and Monday). He explained that typically, Council cancels the second meeting in December due to the holidays. Robert Leder MOVED to approve cancelling the meeting scheduled for December 22, 2020 due to the observanceof Christmas Holidays, and to call a Special meeting should ther need arise.. Tim Collier SECONDED the motion. VOTE: 6-0 (Unanimous) Robert Leder, Kevin Williamson) Nays: 0 Absent: 1 (Tim Blackmon)  Yeas: 6 (Terry Mann, Justin Smith, Jimmy Clarida, Tim Collier,  8.3) Consideration for Request from the Town of Brunswick for Police Mr. Currie and Chief Ipock explained that the Town of Brunswick had approached them regarding the City providing police services for the Town. He advised thati in discussions with Chief Ipock, Colburn Brown (Finance Director), and Carlton Williamson (City Attorney), it was determined that the City has the capability to provide these services for the Town of Brunswick. Mayor Hill and Mr. Leonard were available and made brief comments supporting the proposed agreement. Brief Robert Leder MOVED to approve the agreement for police services for  Services  discussion ensued. the Town of Brunswick. Tim Collier SECONDED the motion. VOTE: 6-0 (Unanimous) Robert Leder, Kevin Williamson) Nays: 0 Absent: 1( (Tim Blackmon) Brunswick 11242020' f  Yeas: 6 (Terry Mann, Justin Smith, Jimmy Clarida, Tim Collier,  file_no 613 Interlocal Agreement for Law Enforcement Services-  9) COUNCIL COMMENTS  Council Member Leder congratulated Ms. Williams on her Master Municipal Clerk (MMC) designation. He inquired of a dilapidated building Mayor Pro Tem Smith stated that it appeared the storm water project in McKenzie Woods has been sucessful and advised that there issues to contend with on College Street. He asked Mr. Currie to look into what can be done in that area. He also stated that he is concerned with Columbus County 'being in the red" regarding COVID-19: statewide status.  and wished staff a Happy Thanksgiving.    Discussion ensued as what the City's approach will bei in educating the public about compliancy in wearing masks. Council Member Williamson concurred with Mayor Pro Smith's comments and concerns. He stated that he shared his concerns with the economic impact caused by COVID-19. Mayor Mann wished staff al Happy Thanksgiving.  10) REPORTS  10.1) Manager's Update Mr. Currie reported on the following areas: 1. Mollies Branch Project 2. ABC Store Construction Project 3. West Whiteville Park Project 4. Storm Water Project-Mckenzie Woods Project and College Street needi improvements. 5. Offices Closed for Thanksgiving Holidays 6. The MMC designation obtained by Ms. Williams Mr. Currie deferred to Mr. Lowder for a COVID-19 update. Mr. Lowder reported on the Columbus County COVID-19 statistics and Governor Cooper's Executive Order No. 180 issued on November 23, 2020. Mr. Lewis reported that a Downtown Master Plan meeting will be held on Tuesday, December 1, 2020 between 5:30 pm and 7 pmi inside City Mr. Williamson (Carlton) reported that the NCLM has reached an agreement with True Way Apostolic Church of Christ, Inc. on West Lewis Street, on behalf of the City. A claim was made against the City regarding a old sewer line going across the property and under the Church. He reported that easement issues have now been resolved. The settlement of $10,000 will be paid to the property owner and a General Release is included as part of the settlement. Mr. Williamson reported that there no outstanding claims against the City at this time. 10.2) Monthly Departmental Reports for October 2020. The following departments submitted reports: Office of the City Clerk, Fire, Human Resources, Inspections, Parks and Recreation, Planning/Economic Development, and WWTP.  Hall.  11) ADJOURNMENT November 24, 2020. Tim Collier SECONDED the motion. VOTE: 6-0 (Unanimous) Leder, Kevin' Williamson) Nays: 0 Absent: 1( (Tim Blackmon)  Robert Leder MOVED to approve the adjournment of the regular meeting of  Yeas: 6 (Terry Mann, Justin Smith, Jimmy Clarida, Tim Collier, Robert  Tetla Terry L. Mann, MAYOR  bske mphyp  STITEVI DAEID    STATE OFI NORTH CAROLINA COLUMBUS COUNTY  INTERLOCAL. AGREEMENT FOR LAWI ENFORCEMENT SERVICES  THIS AGREEMENT, made ande entered into this R4 day of_ November 2020 ("Effective Date"), by and between the CITY OF WHITEVILLE, ar municipal corporation organized ande existing under the laws oft the State ofNorth Carolina (hereinafter called and the" TOWN OF BRUNSWICK, amunicipal corporation organized ande existing undert "Clty"), the laws ofthe State ofNorth Carolina (hereinafter called' "Brunswick").  WITNESSETH  THAT WHEREAS, North Carolina General Statute $160A-460, et. seq, provides thata a municipal law enforcement department may agree to provide law enforcement assistance to another unit oflocal government in enforeing the laws ofNorth Carolina; and WHEREAS, at thet request of Brunswick, the City andi Brunswlek destre to contract for City to provide law enforcement Services to the' Town of Brunswlel; and WHEREAS, City, through its Police Department, is willing and ablet to fumish such NOW, THEREFORE, IT 1S MUTUALLY. AGREED. AS FOLLOWS: 1.1 Ciy shall assign Officers tol Brunswiek toj perform police enforcement dutics ("Services"). Bach period ofs services rendered by an patrols Officer shall be designated an' "Assignment", The Services shall only encompass dutles and funetions customarlly rendered by City, and Officers assigned to Brunswick shall at allt times bes 1.2 Bach Officer shall dressi in the standard law enforcement uniform issued the City toi includes all necessary andr required accoutrements that are authorized by the City by and customarlly worn by officers, such ts a registered firearm, radio, vest, safety equlpment, ete, 1.3 Brunswick shall not exercise control over Officer's enforcement of1 laws and Officers shall not enforce any rules and regulations that are not otherwise violations oft thel law, as determined by Officer and City, Officers shall bes subject to, ands shall abide by, all Cityt and departmental rules andi regulations as welle as complying with all local, state and federal lavs, 1.4 Officers may, in theirs sole discretion, interrupt their provision of services inc order to discharge their public duties as law enforcement Oflicers and attend to emergencies and olher exigent circumstances outsidet the scope ofthis Agreement. Such interruption or termination  services ont mutually agreeable terms; and 1, SERVICES:  andi law subjectt (6  the control and direction ofCity.  services shall not be considered al breach ofthis Agreement.  of    2. BRUNSWICK'S. RIGHT TOI REQUESTI LAWI ENFORCEMENT. ACTIVITY: Nothing in this Agreement shall be construed toi interfere with the rights ofi Brunswick orl Its emplayees as citizens tot request that City, In its cupaelty 88 a publicl lawe enforcement agency, 6r that Officers, int theiro cupaeity as licenged law enforcement officers, regpond to requests forl luw enforcement assistance. City and Officers shallt retains sole ande excluslve discretion tor respand to: requests for law enforcement assistanca in sueh manner andt tos such extent, ast the lawa and 3. TERM AND' TERMINATION: This Agreement shull become effective on the Effective Date and shall remain in forcet until otherwise canceled by thet parties. Either Parly may terminate this Agreement AtE any time without Cause by providing thirty (30) dayei prior written noticet to the other party, The Whiteville City Couneil has sole authority tot terminate this Agreement on behalfo ofCity. Int the event ofar material breach by aparty, the non-brenching 4, PAYMENT: In exchange for Services rendered, Brunswick shall fees ("Fees") ini the amounts and according to thet terms set forth in Exhibit A, attached pay hereta and 5. CITY'SS STATUS. AS INDEPENDENT CONTRACTOR, Brunswick and enteri into this Agreement at arms length. City at all limes shall be consldered ani contractor: for all purposes under this Agreement, including the performance ofs serviccs, independent Nothing int this Agreement shall be deemed or construed to create aj joint venture, partnership or itselfo employerlemployee: out as the relationship between the Purties, Nelther Brunswick nor City shall hold right and nelther representative shall seck to or agent oft the other Purly. Neither Brunswick nor City hast the Officers ori its agents, City, ity exercise employees, any control and Officers over the other Parly, its employees, Its deemed employees orj joint employees ofl Brunswick for ussigned to Brunswick shall not be and authority to recruit, hire, promote, discipline, demote, any purpose, City retains the soler right establish the terms and conditions ofe employment of, and/ort discharge, to direct determine and control rates the ofpayf for, which its employces and Officers discharge their professional and work duties. Cityi manner is in responsible fori instructing and training its Officers consistent witht this Agreement. the solet right and authority to decide and direct which Officers its shall tos which facilities toj provide Services undert this Agrecment. City shall assign, be at what times, and all employee wages, timesheets, payroll deductions, federal and state taxes, solely unemployment responsible for compensation contributions, social security taxes, and benefits ofi its employees and Officers. 6. SCREENING AND QUALIFICATIONS OF OFFICERS: represents that each Officer meets alli requirements for: service a8 al law enforcement City municipality where he ors she will bes assigned, is fully licensedi int the state where officerint bes assigned, andi isi ing good standing int all States in which the Officer isl licensed. he ors shes will shall maintain 7. all LEGAL COMPLIANCE: City represents and warrants thati itl has secured and obligations, and shall required licenses, permits and certificates applicable toi its activities and ordinances related tot the comply with: any and all federal, state and locall laws, regulations and  their training may require.  party shall have the rightt to terminate this Agreement immedlately.  incorporated. herein byr reference.  Clty  City retains  warrunts and the  terms oft this Agreement. City warrants thati it shall comply witha all    federal, state, and local laws, ordinances, statutes, rules andi regulations govering the employment ofits workers. City warrants speeifically that Its shall ber responsible exelusively for, and, in: accordance witht the law, shall pay to its employecs and Officers all compensation, salary and any other remuneration due inc connection with Services performed byt them undert this B. INDEMNITY: Neither party hereto shall bel Hable for any damages proximately resulting from the negligent or wrongful aets or omissions ofthe other party dr the other party's 9, NON-EXCLUSIVITY: This Agreement Ist non-excluslve between the parties. Brunswick and City! have the right to enter intos similar relationships with any ather entities, 10. NOTICES: Any notice required or provided: for hereins shall bei in writing und shall be deemed tol have beeng givens when delivered personally or upont placement in thet U.S. Mail us registered ar certified mall, postage prepid, to address ofthed other party shownt below,  Agreement.  employees or agents int thep performance ofthis Agreement.  TO: Town ofBrunswick TO: City ofWhiteville Attention: Darren Currie P.O. Box 607 Whitevllle, NC 28472  11. ASSIGNMENT OFI RIGHTS: This Agreement, or any ofthej parties respective rights or obligations hereunder, muy not be assigned or transferred, directly or indirectly,by operation of1 law or otherwise, by elther pany without the prlor written consent oft the ather parly, 12. SURVIVAL: Not termination or expiration oft this Agreements shall affectt the rights and obligations ofthe parties aceruing prior tot the effective date uftermination or 13. NO THIRD-PARTY BENEFICIARIES: Nothing Int this Agreement isi intended too or shall be deemed to confer any rights upon any person who ist not ap party hereto, ineluding 14. NORDUCASYAEATONSHPK Nothing in this Agreement creates any relationship oft trust ord other fiduciary relationship between the parties hercto, or any Officer. 15, COUNTERPARTS: This Agreement may bec executed inc one ort more counterparts, all ofs which shall be deemed one andt the same agreement and shall become effective when cach ofthep partics has signed one ari more counterparts,  expiration. uny officer.    16. ENTIRE AGREEMENT; MODIFICATION: This Agreement with Exhibits constitutes the entire agreement oft thep parties ands supergedes all prior agreements, negotations, dealings, and understandings, whether written or oral, between the parties regardingt the subject matter hereof. No Waivers, amendments, ort modifications ofthis Agreement or any part thereof shall be valid unless in writing signed by both parties, Any non-written waiver ofe any ofthe terms and conditions hereofs shall not be construed. asag general waiver by the Cly andt the City 17. SECTION HEADINGS: Seetion headings ast to the contents of particular sections are for convenience only ande arei in no way to be construed as part ofthis Agreement or asal limitation ofthe scope oft thej particular sections to which theyt refer. 18. SEVERABILITY: The parties each agreet thati ifany provision oft this Agreement isor becomes invalid or prohibited under applicable law, such provislon shall be ineffectivet to the extent of uny suchy prohibition without impairing the remaining provisions In any Way, 19, COSTS AND ATTORNEY: FEES: In the event that An aetion ist brought by cither party under the Agreement, each party shall be responsible for their own attorney fees und 20. This agreement is drawn tol be effective in and shull be construed in accordance  shall bet free tor reinstate my such term or condition.  costs,  with the laws oft the State ofNorth Carolina.  CITY OF WHITEVILLE  By:. Tepiloen  ATTEST: CLERK  Bhus)  TOWN OF BRUNSWICK 16yla  By:  ATTEST: CLERK  Cle7 Cleuns    EXUIBIT"A"  Payment for gervices rendered pursuant tol Interlocal Agreement for Law Enforcement Services between the City of Whiteville andt the Town of Brunswick shall be as follows: 1. Brunswick will payt tot the Cityt the fulle umount ofa any andi ulle costs associated with paying the officers for the work performed pursuant tot the regular rate of pay, avert time where necessary, all health andr retirement benefits, leave time, and other or employment benefits that the City would be obligated to pay caleulated ata at total payroll fringe eosto ofS$7,654.00; and, in addition, an allocation ofthe commmand stuff und support calculated to be $12,115.00f fora 2. In: addition, Brunswick will pay any inflationary Amount based upont the CPI index for the South Region for all goods ands services, as well aSE any meriti increase ord cost of living (COLA) adjustments madei int thec ordinary course of payments tos staff. 3. Ini further addition, Brunswlek will pay uny "on boarding cost", including but not limired to, the attorney fees expended for thep preparation oft this Agreement and any costs associated witht the recordsi management system (SOMA) Ineurred for law enforcement Barvices 4, Payments shall be made uponr reveipto ofinvoices submitted by the City, Itls anticipated that except for an bourding cost, invoices will be submitted annudlly,  total annual cost of$69,769.00.  pertormed in the Town ofl Brunswick.