MINUTES OF MEETING OF THE CITY COUNCIL SANFORD, NORTH CAROLINA  The City Council met at the Sanford Municipal Center, 225 E. Weatherspoon Street, on Tuesday,  August 20, 2024, at 5:00 p.m., in Council Chambers. The following people were present:  Mayor Rebecca Wyhof Salmon Council Member Jean Dabbs Council Member! Linda Rhodes Council Member James Williams City Attorney Susan Patterson Deputy City Clerk Vicki Cannady Council Member Byron Buckels CALLTOORDER Pledge of Allegiance was recited. APPROVAL OF AGENDA Rhodes, the motion carried unanimously. CONSENT AGENDA  Mayor Pro Tem Mark Akinosho Council Member Walter Ferguson Council Member Charles Taylor City Manager Hal Hegwer City Clerk Bonnie Davis  Absent:  Mayor Salmon called the meeting to order. Mayor Pro Tem Akinosho led the invocation and the  Council Member Ferguson made a motion to approve the agenda. Seconded by Council Member  Release of Closed Session Minutes Dated October 30, 2018 - Closed Session Book Release of Closed Session Minutes Dated February 23.2023-C Closed Session Book Release of Closed Session Minutes Dated March 19. 2024 - Closed Session Book Public Transportation Program Resolution FY 2025 (Exhibit A) Resolution Amending the Sanford Tourism Authority (ExhibitE B)  Resolution Authorizing the Award and Execution of a Construction Contract for B2202 - Train Depot Resolution Authorizing Sanford ABC Board's Adoption of the Travel Policy oft the City of Sanford as the Ordinance to Convert a Two-Way Stop to a Four-Way Stop at the Intersection of Gordon Street and N. Council Member Dabbs made a motion to approve the consent agenda. Seconded by Council  Renovation (ExhibitC)  Travel Policy oft the Sanford ABC Board (Exhibit D)  Steele Street - Chapter 36. Traffic Code of Ordinances (Exhibit E) Member Ferguson, the motion carried unanimously.  SPECIAL AGENDA  There were no items on the special agenda.    City Council Meeting August 20, 2024 REGULARAGENDA  Ordinance Granting Non-Exclusive Franchise to Duke Energy Progress. LLC, Successor by Merger to Carolina Power and Light Company.bythe Cityof Sanford (Second and Final Reading) - (Exhibit F) City Attorney Susan Patterson reminded everyone that this item was first presented at the. August 6, 2024, Council Meeting. The franchise would consist ofa 30-year term, beginning September 5, 2024, and ending September 4, 2054, and would allow Duke Progress Energy to use highways, roads, streets, sidewalks, avenues, alleys, lines, bridges, and other public places to provide energy. Should Duke Progress Energy install any infrastructure, they will be required to make any necessary repairs to those installations in at timely manner. Attorney Patterson noted that the City had aj previous 30-year agreement with Carolina Power and Light (CP&L), who was Duke Progress Energy's predecessor. Attorney Patterson noted that a  representative with Duke Energy was present to answer any questions.  Council Member Rhodes made a motion to approve the Ordinance Granting the Non-Exclusive Franchise to Duke Energy Progress, LLC, successor by Merger to Carolina Power and Light Company, by the City of Sanford (Second and Final Reading). Seconded by Council Member Ferguson, the motion Professional Services Agreement with Hazen and Sawyer for the Sanford WTP (Water Treatment Plant) Executive Director of Utilities Paul Weeks reminded Council that four contracts were tentively awarded at the last Council Meeting, on August 6, 2024, pending funding. The City has received this funding as of August 15, 2024. This is a construction agreement with Hazen and Sawyer for construction management of the four contracts for the City Water Treatment Plant Expansion Project. Mr. Weeks explained that staffwent through the qualifications-based selection process and selected Hazen and Sawyer. Council Member Dabbs made a motion to approve thel Professional Services Agreement with Hazen and Sawyer fori the Sanford WTP (Water Treatment Plant) Expansion Construction Management. Seconded  carried unanimously.  Expansion Construction Management (Exhibit G)  by Council Member Williams, the motion carried unanimously.  NEW BUSINESS  Professional Services Agreement with Duke's Root Control, Inc./DH Engineering for Pittsboro Lead Executive Director of Utilities Paul Weeks reminded Council that we entered into an agreement with WithersRavenel to perform the City of Sanford's Lead Service Line Inventory, and this process is underway. This service agreement with Duke's Root Control, LLC, is a similar agreement to conduct the Pittsboro Lead Service Line Inventory. He noted that staff went through a qualification-based selection process for the entities submitted for this project. Mr. Weeks confirmed that funding is in place and the  Service Line Inventory (Exhibit H)  funding is with principal forgiveness.  Council Member Ferguson made a motion to approve the Professional Services Agreement with Duke's Root Control, Inc./DH Engineering for Pittsboro's Lead Service Line Inventory. Seconded by  Council Member Dabbs, the motion carried unanimously. Reimbursement Resolution - Fire Engine (Exhibit I)  Assistant City Manager Beth Kelly reminded Council that they approved the purchase of a fire engine purchase in the FY 2024-2025 budget, not to exceed $1.15 million. Ms. Kelly explained that Fire Chief Arnold is ready to procure this purchase. This resolution will allow the City to reimburse ourselves for future debt financing. The estimated timeline to receive the fire engine will be 391 to 41 months.  2    City Council Meeting August 20, 2024  Council Member Dabbs made a motion to approve the Reimbursement Resolution - Fire Engine. Ordinance Amending the Annual Operating Budget ofthe CityofSanford FY24-25-1 Utility Maintenance Assistant City Manager Beth Kelly explained that staff typically requests Council approval for reappropriations for any invoices for contractual services or supplies that were not received by June 30, 2024, and the City's reappropriations will be presented to Council in September 2024. The ordinance presented is for reappropriation of $250,000 in Pittsboro's retained earnings for a contract for utility maintenance that they had budgeted in their previous budget and which was not completed by June 30,  Seconded by Council Member Rhodes, the motion carried unanimously.  Pittsboro (ExhibitJ)  2024.  Council Member Ferguson made a motion to approve the Ordinance Amending the Annual Operating Budget of the City of Sanford FY 24-25 - Utility Maintenance Pittsboro. Seconded by Mayor  Pro Tem Akinosho, the motion carried unanimously. Capital Reserve Fund Amendment - Pittsboro (Exhibit K)  Assistant City Manager Beth Kelly explained that this item appropriates capital reserve funds for System Development Fees (SDFs) generated from the Town of Pittsboro in the amount of $3,296,485. These funds are restricted in the Capital Reserve Account and the funds are to be spent on water and wastewater system capital projects, and/or any debt service payments related to future water and wastewater system capital projects serving the Town of Pittsboro service area. Mrs. Kelly further explained that Pittsboro's Board initially restricted these funds and with the merger, the City of Sanford has to keep these funds restricted; however, the funds will be disbursed by the City and will be used to help offset future  capital project expenses.  Council Member Dabbs made a motion to approve the Capital Reserve Fund Amendment. Ordinance Amending the Annual Operating Budget of the City of Sanford FY 2024-2025 - Pittsboro SDF Assistant City Manager Beth Kelly explained that this item shows cash received from Pittsboro for System Development Fees, in the amount of $3,296,485, during. July and appropriated to Capital Reserve. Council Member Dabbs made a motion to approve the Ordinançe Amending the Annual Operating Budget of the City of Sanford FY 2024-2025 - Pittsboro SDF (System Development Fees). Seconded by  Seconded by Council Member Ferguson, the motion carried unanimously.  (System Development Fees)- (ExhibitL)  Mayor Pro Tem Akinosho, the motion carried unanimously. DECISIONS ON PUBLICH HEARINGS  There were no decisions on public hearings.  CLOSED SESSION  Council Member Dabbs made a motion to go into closed session in accordance with N.C.G.S. 143.318-11(a)(3), to consult with an attorney employed or retained by the public body in order to preserve the attorney-client privilege, and (5), to establish, or to instruct the public body/'sstaffconceming: ap position to be taken in negotiating the price and other material terms of the contract or proposed contract for the acquisition of real property. Seconded by Council Member Ferguson, the motion carried unanimously.  RETURNTO REGULAR SESSION  Council returned to regular session and Mayor Salmon reconvened the meeting at 6:00 p.m.  3    City Council Meeting August 20, 2024  CASES FOP PUBLIC: HEARING (held at 6:00 p.m.)  Application by Glenn Godfrey ofs Southern Properties ofs Sanford, LLC. to rezone 206. Jefferson Street from Residential-Mixed (R-12)to General Commercial (C-2). The subject property is an 0.12+1- acre vacant lot identified as Lee County Tax Parcel 9652-24-1594-00 as depicted on Tax Map 9652.13 (Exhibit M).  Mayor Salmon opened the public hearing.  Zoning Administrator Amy McNeill explained that Glenn Godfrey of Southern Properties of Sanford, LLC, requested the rezoning of a small lot formerly developed with a house addressed as 206 Jefferson Street, from Residential-Mixed (R-12) to General Commercial (C-2). She reviewed information contained inl Exhibit M concerning the subject property and noted that since iti is a standard rezoning request, as opposed to a conditional rezoning request, site plans, subdivision plans or building plans are: not required as aj part oft this rezoning request. She confirmed that this lot is vacant and that neighborhood meetings are not required since the request is not for conditional zoning. Ms. McNeill added that staff recommends  approval, since the site is an expansion.  Glenn Godfrey, 4344 Cox Mill Road, Sanford, North Carolina, thanked Council for considering this request and noted that he simply wants the rezoning oft this loti in order to match the other properties he owns  nearby.  With no additional speakers, Mayor Salmon closed the public hearing.  OTHER BUSINESS  Attorney Patterson noted that the City of Sanford was able to enter into a settlement arrangement in the Smashing Boxes and Nick Jordan case over the Singer Building. The City was able to enter into the term of that settlement with a sum of $60,000 being paid and both parties dismissed their actions against each other and the Lis Pendens filed against the City'sproperty is dismissed and the City retained the property at  the Singer Building.  Mayor Salmon noted that we will have an affordable housing information session with S3 partners next week, August 27, 2024, at 6:00 p.m. at Manna Church; there will be information provided to the public  on this important topic. ADJOURNMENT  Council Member Rhodes made the motion to adjourn the meeting; seconded by Mayor Pro Tem ALL EXHIBITS CONTAINED HEREIN ARE HEREBY INCORPORATED BY REFERENCE  Akinosho, the motion carried unanimously. AND MADE. A PART OF THESE MINUTES.  Respectfully Submitted,  ATTEST:,  AL  Zfnis  4