January 3, 2022, MB#31  TOWN OF VALDESE JANUARY 3, 2022  TOWN COUNCIL REGULAR MEETING  The Town of Valdese Town Council met on Monday, January 3, 2022, at 6:00 p.m., in the Town Council Chambers at Town Hall, 102 Massel Avenue SW, Valdese, North Carolina. The following were present: Mayor Leonard "Charlie" Watts, Counciwoman Frances Hildebran, Counciwoman Rexanna Lowman, Councilman J. Andrew' Thompson, Councilman Keith Ogle and Councilman Paul Mears. Also present were: Town Attorney Tim Swanson, Town Manager Seth Eckard, and various Department Heads.  Absent: Town Clerk Jessica Lail A quorum was present. Allegiance tot the Flag. Public Comment. Rule 5. Public Comment  Mayor Watts called the meeting to order at 6:00 p.m. He offered the invocation and led in the Pledge of OPEN FORUMI/PUBLIC COMMENT: Mayor Pro Tem Frances Hildebran read the Rules & Procedures for Any individual or group who wishes to address the council shall inform the town clerk, any time prior to the start of the meeting, and provide their name, address and subject matter about which they wish to speak. CONGRATULATIONS = SANDY WALKER, 124 MAIN ST.W, VALDESE: Ms. Walker congratulated the newly incoming Council. Ms. Walker shared that the Council is in her prayers and gave each elected Council member a non-denomination devotional book. Ms. Walker said that her door was always open to REGOGNITION OF THE VALDESE MASTERS SWIM TEAM: Parks and Recreation Director David Andersen shared that several members of the Valdese Masters Swimmers participated in the NC State Senior Games in the fall. Mr. Anderson introduced and recognized the swimmers and thanked them for UPDATE FROM OLD COLONY PLAYERS: Edyth Pruitt, General Manager of Old Colony Players  Comments should be limited tof five minutes per speaker.  help the community and shared the scripture Proverbs 29:2.  their participation.  presented a 2021 year review.  Old Colony Players  old Colonys Players A year In Review  723    January 3, 2022, MB#31  Old Colony Players  Themission of Ola Colony Players isto preserve Waldenstan cullural heritage, ana celebrate diverse artistic expression.  promote quality heatre,  THE WIZARD OF OZ  Performed. at the FredE B Cranford Amphitheatre  limitedto) capacity  Aprily May 2021:  Over 1500Patrons 50% from outside of Burke County  36Cast/embes,many new to OCP:  Performed with clear masks fort the safetyof our audiences and cast members.  724    January 3, 2022, MB#31  FROM THIS DAY FORWARD  534consecutive  We are now the longest consecutive running outdoor dramain! NC.  Visitors, ron au oyer Tennessee, Georgia-and as far away as New Mexico  OCP SUMMER CAMP JULY 2021 19 children Ages 4-16  Fulls scale production at the end of the week 4 dynamic teachers who taught skills in  Music, Dance, and Acting  725    January: 3, 2022, MB#31  TE ROCKY ROR  THE ROCKY HORROR SHOW  December202 First me Dack insideatthe OldRock School 1312 patrons  New, diverse crowd and cast. 1075 patrons vaccinated fort thes safety of our community  elf  The Musical  Performed October 2021 att the AlL cast and crew  Fred BC Cranford Amphitheatre  Amphitheatre Upgrades  (due to a generous grant from the Rostan Family Foundation)  Turntable totally rebuilt and new reversible motor Replaced the roof on the concession stand at the top of the  amphitheatre Rubber mulch in the pitt a new trap door.  Total rewiring of the dressing room building  Extended the stage front for more versatility in staging with  726    January 3, 2022, MB#31 Frequently asked questions: Wherec do our audiences.come from?  Over 50% of our audiences are from outside of Burke County,makigg Od Colony Players a destination attractioni for Valdese. Thisyear alone, during the pandeicwe Rave Aad.visitors from Virginia, Georgia, New York, New Mexico, Georgia, Tennesseeand townsacross North Çarolina from as far away as Wilmingtonin the east and WestJeflersonintnes west Mosty patrons not onlysee our shows but Our-actors: area-diverse group. Thisyear alone we have had actors travelfrom Hickory, Lenoir, Boone, AShevitte, Hendersonville, Marion, Cherryville, Lincotnton, Shelby and Statesville: as well as many peopte in our local acting community. In each production this year, wel have had seasoned professionals whol have been with OCP for decades and at least one actor each show for whom it has been their first time on stages Mostvolunteer at least 150 hours of theirtime at the theatreper production. From This Dayforward is thec only production for which actors are paid. Pay range is from $150-$400 for the Dependingon the production, the gnsrunanyneretrom $120-$285 per performance. Add to that the cost of production: staff, costuming, sets, musicians, and props, and productions cost anywhere  frequentour restaurantsand Other area artractions.  Wheredo our actors come from?  whole summer.  How much does it cost to put on a production? from $3000- $10,000 to produce. Upcoming Season for 2022  Adinner theatre done in conjunction with the Waldensian Winery. Feb10811  NTINES EDER  Magnelirg - by RobertHarino  January 21,22,27,28a and 29at7:30 January 23 and 30 at3:00 at the Old Rock School BBHIUNCHIBACK OFNETRE DAME April 15, 16, 21, 22. 23.28.29830 At the Fred B. Cranford Amphitheatre ion Clis Day 544 consecutive season  ine 17. 18. 19. and 25 dimmer theate from frescheifinfed September 2021  Zove  Slewe  Summer camps Oct Show TBA HolidayShow July 25-29and approval August 1-5  TBA Pending approval December 2022  Ztowar  Fridays and Saturdays July 15 through August 13  Pending Oct. 14-30  727    January 3, 2022, MB#31 Thank you To the Town COBTCIL The torremployees  /Old Colony Players  The oldRock Schooland Tourism department Staff Andfespecially, our community for aff your support. Without you, our "Dreams wouldnot be possible and our stories would remain silent.  you are the community 17 commumity theatre.  DlcaonyPlayes.com  CONSENT AGENDA: (enacted by one motion)  APPROVED REGULAR MEETING MINUTES OF DECEMBER 6, 2021  APPROVED DATE FOR PUBLIC HEARING FOR RE-ZONING APPLICATION 1-11-21, PONS/BURKE COUNTY HABITAT ON MONDAY, FEBRUARY 7,2022, 6:00 P.M., VALDESE TOWN HALL APPROVED DATE FOR PUBLIC HEARING FOR CDBG CLOSEOUT ON MONDAY, FEBRUARY7, Councilman Ogle made a motion to approve the aforementioned items on the Consent Agenda, seconded  2022, 6:00 P.M., VALDESE TOWN HALL  by Councilwoman Hildebran. The vote was unanimous. ITEMS REMOVED FROM CONSENT AGENDA: None  End Consent Agenda  INTRODUCTION OF NEW EMPLOYEES & PROMOTION: Police Chief Jack Moss introduced Police Officer Caleb Mace. Public Services Director Greg Padgett introduced Street Maintenance Worker Derek Estes and Utility Field Technician Nathan Barajas. Town Manager Seth Eckard congratulated David VALDESE ABC STORE PRESENTATION: Karen Caruso, Manager of the Valdese ABC Store, thanked Council fort the loan agreement they approved in November 2013 in the amounto of $162,775.00. Ms. Caruso happily presented a check to the Town of Valdese for the final principal payment of $35,000.00. MCGALLIARD CREEK BRIDGE PROJECT PRESENTATION: Before his presentation, Parks and Recreation Director David Andersen asked Beth Heile to share something with Council. Ms. Heile shared the background of Lakeside Park that started back in 2013 and said that the number one thing people wanted that came out of a survey was to connect McGalliard Falls to Valdese Lakeside Park. Ms. Heile shared that a bridge will allow that wish to happen as well as becoming a tourist attraction. Ms. Heile  Andersen, who was promoted to Parks & Recreation Director.  presented the town with a $50,000 check going towards the bridge. Mr. Andersen presented the following presentation:  728    January 3, 2022, MB#31  McGalliard Creek Bridge  Project January3,2022  Town of Valdese Parks and Recreation Department  ciends  ALDESE ParRecreation  Project Overview Project Purpose: To connect McGalliard Falls Park to the new greenway constructed: at Valdesel Lakeside Park. Createsa larger, connected park and trail system within town limits. Allows for greateraccess to amenities and focal points at both parks.  VALDESE arks Recreatien  729    January 3, 2022, MB#31  Construction Bids  Staff-recommended bid: Beanstalk Bridges/Builders  $150,0001 total cost Burke County- based company Other bids:  Alpine Towers International: $148,750 + estimated $10,000 cost of engineering and Geotech study Phoenix Experiential Designs: $145,000+ estimated $15,000- $20,000cost of engineering and Geotech study  VALDESE ParRecreation  Proposed Bridge:  Beanstalk Bridges/Builders 155' Suspension bridge spanning McGalliard Creek 4'wide walking area 3'6"tall safety netting along side of bridge Locust beams for support ate ends  ALDESE Parks Recreation  730    January 3, 2022, MB#31  Bridge Costs and Funding Project Funding Sources: the Valdese Rec  Prejett Budget indicates construction costsbyli linei item Mobilization (Beanstalk) Bridge Construction (Beanstalk) Contingensy(IOs. comitructioncst) Construction Total: tgntihAtone/CoN Review ofE Bidding Award Flood Modeling& Permiting Constructions Surveying. Administration: and Obyenation Adminiatration Casts loan Administration (WPCOG)  Projected Project Expenses 15,000 135,000 15,000 165,000 850 51,000 17,500 69,350 5,000 5,000  Recreational Trails Program (RTP)Grant State Budget Allocation to the Friends of Construction Costs Friends of the Valdese Rec Donations Rostan Family Foundation Gift  fnghrmhy/egyels.mol, $ Administration! Subtotal: TOTALI PROJECTCOST: $ 239,350  VALDESE ParRecreation  AWARD OF BID FOR MCGALLIARD CREEK BRIDGE PRJECT: During his presentation, Parks and Recreation Director David Andersen, presented an award of bid for the construction of the suspension- style bridge. Mr. Andersen shared that he recommended the award to go to Beanstalk Bridges/Builders  of Morganton, in the amount of $150,000 total cost.  731    January 3, 2022, MB#31  MCGalliard Creek Falls Catenary Bridge BRIDGE CONSTRUCTION. AGREEMENT November 24, 2021  Boastalk Bridass  This Bridge Construction Agreement (hereinafter the' Agreement") is made and entered into Carolina limited liablity company with its prindpal place of business in Burke County, North Carolina, and BEANSTALK BUILDERS LLC, al North Carolina limited liability company with its principal place of business in Burke County, North Carolina (hereinafter collectively the Contractor); and TOWN OF VALDESE, al body politic and corporate of the State of North Carolina (hereinafter the Owner(the Contractor and Owner arehereinafter sometimes referred  this,  day of  2021 between BEANSTALK BRIDGES, LLC, aNorth  toir individually as Party" and collectively as" "Parties"). WHEREAS, Contractor is engaged int the business of constructing bridges; Licensing Board for General Contractors, License No. 82865;  WHEREAS, Gregory 5. Hoff serves as the license qualifier for Contractor with the North Carolina WHWEREAS, Owner is thes owner of those certain tracts or parcels ofr real property: situated int the Town of Valdese, Burke County, North Carolina, commonty known as McGalliard Pointe Drive NE, Parcel ID No. 2734843186, which s more particularly described in Deed Book 2488, Page 799, Burke County Registry, and 1149 Lake Rhodhiss Drive NE, Parcel ID No. 2744445905, which is more particularly described in Deed Book 2331, Page 723, Burke County Registry (hereinafter WHEREAS, the Parties desire to enter into a contrac for the construction of a catenary bridge NOW, THEREFORE, in consideration of the promises and mutual covenants contained n this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which ishereby acknowledged, the Parties hereto agree tot thet following terms and conditions: 1. CONTRACTORI RESPONSIBILITES Contractor agrees to fumish all materials, labor, supervision, tools, equipment, supplies, licenses, tests and permits asi necessary to perform all of Contractor's Work described in Paragraph 21 below, for the construction of the McGalliard Creek Falls Catenary Bridge (herenafter the "Project") in accordance with the terms and conditions of this Agreement and all plans and spedifications for the Project, which are 2. CONTRACTOR WORK, "Contractor Work" or "Contractor's Work" or  collectively, the' McGalliard Falls Properties"): and connecing thel MoGalliard Falls Properties.  incorporated herein by reference. "Work" shall consist of the following:  PO. Box 1273 * Morganton NC: 28680 * Banstalkbnidgscom e  732    January 3, 2022, MB#31  A. Contractor shall provide all materials, labor, supervision, tools, equipment,  supplies, licenses, tests and permits for construction of the Project including, but not limitedt to, the following: 0 protection of the Work and any adjacent infrastructure during the Project;() provision of the bridge design, engineering, and layout; (H) provision of all required permitting. (M) provision of all necessary tools, scaffolding, implements, equipment, Ints, unloading, and storage; (w) provision of all materials required to complete the Project, induding, but not limited to, four (4) bundles of 3 locust posts, locust deck boards and supporting lcust members, full length safety netting, and enty ramp on west entrance of bridge; (vi) construction and/or installation of one 150 Catenary Bridge, including, but not limited to, lane clearing and! brushing. grading the tral and terace on east side of bridge, installation of locust post, ground screw anchors, cables and hardware, decking and safety netting; (vi) commissioning of all necessary testing and inspections; and (vii) completion of all clean-up from instalation of the scope of induding, but not limited to, drainage infrastructure, fill or grading of the site, construction pad prep, or erosion mitigation measures, (I) location and relocation of any underground utlities, (i) provision of ADA access, (M) poor site conditions including, but not imited to, sub-grade rock/soil that must be drilled for pole placements or guy wire anchor placements, low load-bearing soils, and unforeseen subsoil debris (stumps, stump holes, old septic areas, rocks, concrete, etc.). If such conditions are incurred, expenses assoclated with managing these conditions will be billed  Work.  B. No finandal contingendes have been included for () sike preparation,  to Owner upon Owner's approval at market costs. itfirst receives written approval of Owner.  Contractor will not make any substitutions to its Work or materials unless D. Contractor wil at all times keep the Project site in a safe and orderly E. The Contractor Work includes all work incidental or related thereto, or  condition.  reasonably inferable theretrom, for a complete Project. The Contract Work will be performed in accordance with the Conbract and in a skilful and workmanlke manner, with material and equipment being both ample in quantity for the Project and of the kind and grade necessary for will comply with alla applicable federal, state and local statutes, regulations, rules, and ordinances, incuding without limitation, those relating to safety, hazardous waste, discrimination, fair employment, equal opportunity and workers' compensation. Additionally, Contactor is responsible for compliance with al building codes. Contractor will, solely at its own expense, correct any authoritiest top perform theContract Work, andt that it will maintain: such licensesa at itso ownexpense for a minimum of one (1) year after the date of final acceptance of the Project. drawings, product samples, test results, instructions, certiticates, and other required submittals  the purpose intended.  F. AlI labor, services and materials to be fumished as part of this Agreement  violations of the obligations in this Paragraph.  G. Contractor warants that it is duly licensed by all applicable government H. Contractor will prepare and submit to Owner in a timely manner all * PO. Box 1273 * Morgmtors NC: 28680 . 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BUMO 'aseud buipiing a4 jor uogadwo uodn aNy-A Aed leus JBUMO quewsauby SI4A jo vounoexa uodn  'II 'll '  pue (00000'255) aopd: penuoo au jo (%SE) quepuad aNu-Au  (0000s75S)E04 penuop ay jo (%6SE) queoed  LE#8W 'zzoz 'g Kuenuer    January 3, 2022, MB#31  engineer or govemnment inspectors having jurisdiction over the Project, the Owner may deem the Contractor to bei in default and, at Owner's sole option, and without imitation ande other remedies Contractor's materials and equipment intended for performance of the Contract Work in order to provided the defaut is not fully aured within forty-eight (48) hours), cure the default at Contractors expense and deduct the cost thereof from the Contract Price; provided the detaulti is not fully cured within forty-eight (48) hours), give Contradtor written notice of termination of this Agreement and, at Owner's option, take permanent possession of al of Contractor's materlals, equipment, manuals, records, drawings, and other items intended for the performance of the Contract Work, which Contractor hereby assigns and transfers to Owner for Contractor wil receive no further payment of any unpaid portion of the Contract Price until such time: as the Contract Work is completed, at whicht time the Contractor will be entitled tot the unpaid portion of the Contract Price, less all costs and expenses (including reasonable attomeys' fees) incurred by Owner in curing said default and completing the Contract Work. If the Owner's said oosts and expenses exceed the unpaid portion of the Contract Price, Contractor and its surety, f any, willl bel liable for, and will promptly pay to Owner, such excess amount and Owner shall have al lien upon Contractor's materials, tools, ande equipment inc Owner's possession tos secure, payment 8. INSPECTIONS Contractor will be solely responsible for its own inspections of the Contract Work for contormance with this Agreement. Contractor will provide, and will ensure that its subcontractors. andi material suppliers provide sufficient, safe, and proper fadlities for the inspection and/or observation of the Contract Work by the Owner or its architect, engineer, or 9. PUNCH LIST OBLIGATIONS. Contractor will promptly perform any and all punch list work submitted by Owner. If this work is not performed within five (5) working days from Owners written noticeof suchy work, then without walving any other remedies it has, Owner 10. RISKOFLOSS. Contractor will ber responsble for the receipt, delivery, unkoading, storage, warehousing, protection, insurance, and all risk of loss relating to any materials or equpmentitistof fumish, install, provide, or MpPDADEAPtmsasN this Agreement. 11. CORRECTION OF NON-COMPLYING WORK. Contractor will, within seventy- two (72)h hoursarter notice from Owner or immediately upon notice from Owner Ine emergencyor critical path situations, remove any designated portion of the Contract Work which is condemned  available at law or in equity, take one or more of thet following actions: assure its avalability for completion of the Contract Work;  Take temporary possession for a period of up to 120 hours of all Upont forty-eight (48) hours prior written notice of the derault (and Upon forty-eight (48) hours prior written notice of the default (and  il. lil.  such purpose.  B.  Int thee event of termination of this Agreement as provided int this Paragraph,  thereof.  representative as may be requested.  may compete the work and deduct the costs from the Contract Price.  * PO. Bor 1273 . Marganton, NC: 28680 * Bansalksndgs.com *  736    January 3, 2022, MB#31  oriso disapproved as not being in compliance with the requirements of this Agreement. Contractor will promptly, at its own expense, correct the same. If Owner deddes that it wil accept nonconforming Work, Owner wil be entitied to: an equitable credit for the noncontormity. 12. CONTRACTOR'S INSURANCE. Prior to start of the Contract Work, Contractor will procure for the Contract Work and maintain in force Workers' Compensation Insurance, Commercial General Lability Insurance, Comprehensive Automobile Liability Insurance, and any 13. CONTRACTOR INDEMNITY To the fullest extent permitted by law, Contractor shal defend, indemnity and hold harmless Owner, and its architects, engineers, agents, and representatives from and against all daims, damages, loss and expenses, induding but not imited toattomey's fees, arisinge outoforr resulting fromt the performance of Contractor's Work, including, but not limited to, (a) any such daim, damage, loss, or expense attributable to bodily injury, sickness, diseases, or death, or to injury to or destruction of tangible property (other than Contractor's Work itself) including the loss of use resulting therefrom, to the extent caused in whole or in any part by any negligent act or omission of Contract or anyone directly or indirectly employed by Contractor or anyone for whose acts Contractor may be liable; and (b) such obligation shall not be construed to negate, or abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Agreement. Loss or damage due to ads of Contractor wil be deducted from the amounts otherwise due Contractor. Contractor agrees to obtain, maintain and pay for such Commercial General Liability insurance coverage and endorsements as will insure the provisions of this 14. OWNER INDEMNITY To the fullest extent permitted by law, Owner shall defend, indemnify and hold harmless Contractor from and against all claims, damages, loss and expenses, induding but not limited to attomey's fees, arising out of or resulting arising out of or resuting from Owner's operation of the bridge structure after completion of the Work and not otherwise resulting from Contractor's negligent conduct or faulty or deficient Work, induding trespassers or others not authorized to! be on thes structure. Such obligation shall not be construed tonegate, or abridge, or otherwise reduceany other right or obligation of indemnity which would otherwise exist as to any party or person described in this Agreement, specifically incuding, but not limited to, Contractor's obligation for indemnity set forth in Paragraph 13. 15. TIME IS OF THE ESSENCE. Time 5 of the essence for both Owner and Contractor, and both Parties mutually agree to perfom their respective obligations so that the entire Projedt may be completed in accordance with this Agreement and the Project Schedule. Contractor agrees that its work shall be prosecuted regularly, diligently, and in an uninterupted 16. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the Parties, and all agreements entered prior to or contemporaneousiy with the execution of this Agreement are excluded whether or not in writing. All changes, additions, or deletions hereto 17. APPLICABLE LAW. Conflicts arising from this Agreement shall le exdusively within the jurisdiction of the laws and courts of the North Carolina and this Agreement shall be  other insurance required under this Agreement.  Agreement.  fashion.  must be in writing and signed by the Parties.  PO. Box 1273 * Morganton, NC: 28680 * laanstalkbndpscom e  737    January 3, 2022, MB#31  govemed by and interpreted under the laws of North Carolina excluding its conflict of laws provisions. In the event of breach of this Agreement, the breaching Party shall be lable for all reasonable attomey's fees and costs necessary to enforce this Agreement by the non-breaching  Party.  (Signatwes appear an the folowing page.)  PO. Box 1273 * Morgantos, NC: 28680 a bansalkinds.com  738    January 3, 2022, MB#31  IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year  abovey written.  CONTRACTOR: BEANSTALK BUILDERS LLC, al North Carolina limited liability company  By: Its:, By: Its:  BEANSTALK BRIDGES LLC, al North Carolina limited lability company  STATE OF NORTH CAROLINA COUNTY OF, I,  a Notary Public of said county and state, certify that personally came before me this day and acknowledged that he is the  Member-Manager for Beanstalk Bulders, LLG, and that by authority duly given and as thei act of the company, thet foregoing instrument was signedi ini its name and by him as Member-Manager.  WITNESS my hand and Notarial Seal, this  day of Notary Public Print Name: My Commission expires:, C NOTARY: SEAL  2021.  STATE OF NORTH CAROLINA COUNTY OF. I,  a Notary Public of said county and state, certify that personally came betore me this day and acknowledged that he is the  Member-Manager for Beanstalk Bridges, LLC, and that by authority duly given and as the: ad of the company, thet foregoing instrument was signed ini its name and by him as Member-Manager.  WITNESS my hand and Notarial Seal, this,  day of Notary Public: Print Name: My Commission expires: C NOTARY SEAL  2021.  PO. Box 1273 * Morgmnton. NC: 28680 * Baunsalkbnidgscom *  739    January 3, 2022, MB#31  IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year  above written.  OWNER: THE TOWN OF VALDESE, al North Carolina Municipal Corporation  ATTEST: (SEAL)  Mayor  Jessica Lal, Town Clerk STATE OF NORTH CAROLINA COUNTY OF I,  al Notary Public of said county and state, certify that. Jessica  Lail personally came before me this day and acknowledged that she is Town Clerk of the Town of Valdese, al North Carolina municipal corporation, and that by authority duly given and as the act of the Town Council of the Town of Valdese, thet foregoing instrument was: signed ini its name  and by Es Mayor, its Town Clerk.  sealed with its corporate seal and attested by her as  WITNESS my hand and Notarial Seal, this,  day of Notary Public Print Name: My Commission expires:  NOTARY SEAL  2021.  - PO. Box 1273 a Morganton, NC: 28680 * eansalkbndgs.com e  Councilman Mears made a motion to approve the Award of Bid to Beanstalk Bridges/Builders, LLC, Councilwoman Hildebran thanked the Friends of the Valdese Recreation and Beth Heile as their leader for all they have done. Counciwoman Hildebran asked if bicycles could go across the bridge, and Ms. Heile said yes. Mayor Watts also thanked Beth Heile and everything she has done for the Town. CONTRACT FOR MCGILL ASSOCIATES CONSTRUCTION MANAGEMENT: RJ Mozeley with McGill Associates presented a contract for the construction management on the bridge project. Mr. Mozeley shared that that means they will assist the Town in construction administration through the project's construction phase. Mr. Mozeley said McGill Associates would be the eyes and ears, independent of the contractor to be present to make sure everything is built according to the plans. Councilwoman Hildebran  seconded by Councilman Thompson. The vote was unanimous.  740    January 3, 2022, MB#31  asked if these funds would come from the grants and donated money. Town Manager Seth Eckard said yes, no Town funds are being used. Town Attorney Tim Swanson has reviewed the contract.  Shaping Communities Together  mcgill  December 17, 2021 Mr. Seth Eckard, Manager Town ofValdese 102 Massel Avenue SW Valdese, North Carolina 2669D Construction Phase Dear Mr. Eckard,  RE: McGalllard Creek Bridge Engineering Services  Pursuant to your request, MCGII Assoclates (McGiII) Is pleased to provide this proposal for engineenng services tot the Town of Valdese for the above-referenced; project. We understand that the Town will execute an agreement with Beanstalk Bulders to construct a new suspension bridge over MoGallard Creek which will connect the Town's Lakeside Park and McGallard Falls Park. The project Includes the construction of al bridge members and assoclated: slte work to construct the proposed bridge as previously discussed with the Town Further we understand that this project's funding sources are all coming from extemal sources Including private donations from the Friends oft the Valdese Rec, grant funds from NCDOT and the Recreational Trais Program. Those funds are to be: administered by the Town or Others. Based upon our statement of understanding above, we propose to provide the services enumerated below, utlizing plans prepared by Beanstalk Bullders to the extent possible. Itis understood that those design plans prepared by Beanstalk are hereby deemed relable and will be utilized 35 prepared, with only minor modications as needed for Implementation and  and as peritted by the local Flood Plaln Administrator.  construction.  Conatruction Phase Services  1. Attend a preconstruction meeting with the Town and Contractor tor revlew the requirements 2. Revlew and process shop drawings, diagrams, liustrations, brochures, catalog data, 3. Provide professional surveying services to 35sist the Contractor In construction "layout and Provide a Constructon Fleld Representative (CFR) to observe the progress and qualty of the executed work and determine In general Ift the work Is proceeding In accordance with the Contract Documents. As part of this contract, feld observation willbep provided for upt to  oft the project and establish anticipated schedules. schedules and samples 3s required. staking" for the proposedt two end poirts ofthe bridge.  MCGILL ASSOCIATES 1240 19 STREET LANE NW, HICKORY, NO: 28601/828.  741    January 3, 2022, MB#31  Mr. Setn Eckard December 17, 2021 Page 2of4  ten (10) nours perweek during active construction (regular working nours) bya CFR for an 5. Based on the on-site observations as an expenenced and quailfed design professional and on revlew ofthe Contraciors applications for payment and supporting data, detemine the amount owing to the Contractor(s) and approve to the Owner payment to the Contractors) In such amounts; based on such observations and revlew, that the work has progressedto the point Indicated and thatt tot the pest of his knowledge, Information and bellef the qualty 6. Recelve, review, and respond to Requests for information submitted by the Contractor. Coordinate with the Owner to Issue Bulletn Drawings proviaing claritcaton for dfering, 7. Prepare change orders as required and require special Inspecion or testing of the work i 8. Review ther resuts of tests andi Inspections and other data which any Contractor Is required tosubmit, and receive and review schedules, guarantees, bonds and certificates of Inspection which are to be assembled by the contraciors) In accordance win the Contract 9. Conduct at fnalwalk through with applicable partles to determine it the project has been completed In accordance with the Contract Documents and Ithe Contractor has fulnlled all his obigations thereunder s0 that the Engineer may approve to the Ownert final paymentto 10. Conduct at fnalvisit to the site by professional surveyors to vertty 35-bult locations of the  anticipated construction perlod oftwo (2) months.  oft the work Is In accordance with the Contract Documents.  previously unknown fleld conditions.  necessary.  Documents.  the Contractor.  bridge comply with the peritted No-Rise Certcation.  Excluaions and Additional Services  1. Making revisions when such revisions are inconsistent with approvais or Instruction previously glven by the Town or are due to causes beyond the control of MoGIII. 2. Work required because of errors In sketches, drawings, or bridge system iInformation 3. Providing services of professional consultants for Items of work other than those outlined 4. Preparing to serve and/or serving 35 an expert witness In connection with any publc hearing. arpitration proceeding or legal proceeding, other than as speciled In the Scope of 5. Providing construction observation and construction administration for more time than 6. Providing additional testing documentation and Information related to requirements  provided by others. under the Scope of Services. Services above.  outiined In the Scope of Services. assoclated with NCDOT funding requirements.  742    January 3, 2022, MB#31  Mr. Seth Eckard December 17, 2021 Page3of4  7. Assisting with funding administration, reporting. compilance document preparation and relmbursement: requests Including but notl limited to funding administration relatedto  NCDOT and RTP. Basls for Compensation  Based on our understanding of the requested work, we propose to provide the scope of services  detalled Is this agreement for thet following fees: Construction Phase Services fLump Sum) Additional Services - (Ir Required)  517,500  Hourly per enclosed Standard Fee Schedule  We appreclate the opportunlty to provide this proposal andi look forward to assisting the Town with this Important effort. We are prepared to begin work upon your authorizatlion. Ifthis proposal Is acceptable to you, please sign below: and return one (1) copy to our office. lyou have any questions concerning this proposal, please do not hesitate to contact us.  Sincerely. MOGILLASSOCIATES. P.A. Dougias Chapman, PE Prinopal-Hickory Ofce Manager cc: Mr. RJ Mozeley. PE, MoGII Associates, PA.  ACCEPTED:  Seth Eckard, Town Manager  Date  This Instrument has been pre-audited In the manner required by the Local Government Budget  and Fiscal Control Act, this the day of.  2022 by Finance Omcer,  Town of Valdese, North Carolna.  Councilman Ogle made a motion to approve the Contract with McGill Associates as presented, seconded PRESENTATION OF FISCAL YEAR ENDING JUNE 30, 2021 FINANCIAL UPDATE: Phil Church and Rick Hammer ofLowdermilk Church, & Co., informed Council thaty we had an A-133 audit that creates more  by Counciwoman Lowman. The vote was unanimous.  compliance work. Mr. Hammer reviewed the following highlight sheets:  743    January 3, 2022, MB#31 TOWN OF VALDESE Financial Highlights Vears Ended. June 30, 2021 and 2020  2021 Summarized Budset  GeneralFund (Includes Powell Billl Funds) Total assets Fundhalance Fundbalance- Reserved for Streets- Powelll Bill (includedi in sotal fund halance) Total rvenue Total ependiurs Revenues over (under) expndimussbdfore other financing sources (uses) Otheri income(expense) Incmase (decranse) in fund halmce Advalozm: taxes collected Percentofuxes: collected- cument year levy Investment income Fundl Balance Available UhuigadPamdBalane yasridalerfamars souresanduses Uinasigned Fund BalanzePerennge  2021 $5,504,828 $4,734,056 $5,286,477 $4,528,448 $ 38,562 $ 9,107 637,028 S 271,567 121,000 $ 92,313 758,028 $ 363,880 2,313,313 $2,220,386 97.81% 97.89% 4,357 $ 89,543 4,299.677 3,524,437 4,589,002 4,771,543 93.69%  2020  $4,936,220 $5,226,030 $5,043,110 $5,339,790 $4,589,002 $4,771,543  403,570  73.86%  LocalGovernment Commission minimumr recommended, general fundhalance shouldbe atk leasts 8% ofgeneral fund  ynduriatbeedofs. fiscal yar.  Mr. Hammer shared thati from 20201 to 2021 there was as substantial increase of the unassigned fund balance  percentage.  2021  2020  Wateran Sewer Fund Cash, aish equivalents and investments Total: assets Net position Openting revenue Openting expenses Opentingi income (loss) Nonoperating aveme (expenses) Transfèrs(t) from Capital Contributions Accountsr receivable- customens Investment income Drys sales in accounts mceivable Fund BalanceAvailahle UinrestrictedPund Balance Eapenditures: and other finmcing sources andi uses Lnrestrictedl Fund Balmoe Parcentige  S 1,381,860 $ 829,467 $28,098,972 $25,005,206 $22,478,620 $20,630,921 $5,130,346 $4,947,109 $5,237,551 $(107,205) $(191,895) 126,506 $(177,114) $ (221,000) $(126,935) $2,049,398 582,893 222 41.46 $1578.904 5,237,551 32.05%  $5,139,005 201,634 (294,320) 561,937 12,830 41.48 1,265,793 5,139,005 24.63%  Changeinnetposton, includes $1, 120,935 of depreciation expense 2021 $1,847,699  Mr. Hammer shared that the increase of the Capital Contributions in 2021 was due to Utility Fund Capital projects and the federal money the Town received from the State. Mr. Hammer shared that any new debt  744    January 3, 2022, MB#31  has to go through the Local Government Commission and approved. Town Manager Seth Eckard asked what kind of financial shape the Town was currently in. Mr. Church stated that overall it was very good. CAPITAL PROJECT ORDINANCE AMENDMENT: Town Manager Seth Eckard presented the following  Capital Project Ordinance. Amendment: Valdese Town Council Meeting Capital Project Ordinance Amendment# 1-33  Monday, January3 3,2022  Subject: McGalliard Creek Bridge Description: To amend capital project ordinance Fund: 33  This will setup the revenues and expenses to accountf for the various financing sources and contracts associated with the bridge construction.  Proposed Action: follows Section : Account 33.3970.002 State Budget Appropriation 33.3970.003 Donations 33.3970.004 RTP Grant  BEITO ORDAINED! byt the Council of thel Town of Valdese that, pursuantt tos Section1 132of Chapter 159 oft the General Statutes of Northo Carolina, the capital project ordinance for various capital projects fundedf fromav variety df sources ishereby amendedas  Revenues availablet tot thel Townt toc complete thep projects arel hereby amended asf follows:  Decrease! Increase! Debit  Description  Credit 57,500 50,000 100,000 $207,500  Total  $0  Amounts appropriatedf for capital projects arel herebya amended asf follows:  Increase/ Decrease/ Debit Credit 850 17,500 5,000 150,000 34,150 $207,500  Account 33.6200.150 Bidding and Award 33.6200.150 Construction Administration 33.6200.160 Grant Administration 33.6200.760 Construction 33.6200.900 Contingency Section I:  Description  Total  $0  Copies oft this budget amendment shall be furnished to the Clerk tot the Governing Board, to the Budget Officer and the Councilman Ogle made a motion to approve the aforementioned project ordinance amendment, MANAGER'S REPORT: Town Manager Seth Eckard made the following announcements: Bluegrass at the Rock presents: Tim Raybon, Saturday, January 8, 2022, at 7:30 p.m. Coffee with the Chief, Thursday, January 13, 2022, 9:00 a.m. at Old World Baking Company Special Council Employee Insurance Workshop scheduled for Thursday, January 13, 2022, 10:00 a.m. at Town Offices Will Be Closed on Monday, January 17, 2022, in Observance of Martin Luther King Jr., Day MAYOR AND COUNCIL COMMENTS: Councilman Ogle asked ift the agenda would be published earlier. Mayor Watts shared that the agendas would be published the Tuesday before the Monday Council meeting  Finance Officer for their direction.  seconded by Councilwoman Hildebran. The vote was unanimous.  the Town Hall Community Room  starting in April.  745    January 3, 2022, MB#31  Councilman Ogle also asked how we could show our Council meetings live on the internet. Mr. Eckard Councilwoman Hildebran thanked our Police Department for their Boots on the Ground effort. Ms. Hildebran also shared that she was impressed with Code Enforcement Officer Dylan Hicks and asked for an update on 808 Colonial Street. Mr. Eckard shared that we went through the process of fining her, and she paid her fines, but now it has started over. Mr. Eckard shared that he is looking for a volunteer group tol help her clean things up. The property owner has agreed toi itifwe cani find someone to help. Councilman Thompson asked about the property at the' West end of Main Street. Officer Hicks said that workers had been out working, but sometimes they had to wait on the material. Councilman Ogle asked for an update on the property on Church Street. Officer Hicks is in the process of trying to get a hold of the property Mayor Watts reminded Council of the January 26, 27, & 28, 2022, newly elected officials' training class. Mayor Watts also reminded Council of the Public Safety building public meeting on February 15,2022, and ADJOURNMENT: At7:11 p.m., there being no further business to come before Council, Councilman Ogle made a motion to adjourn, seconded by Councilwoman Hildebran. The vote was unanimous. The next meeting is ar regularly scheduled meeting on Monday, Febnuay7.202.600pm, Valdese Town  said we could look ati it during our budget workshops.  owners, but he did talk to the people living there. itwould be posted on the website and social media.  Hall.  lemordOlslas -  Mayor  mindhl  jl  746