BURNSVILLE TOWN COUNCIL Burnsville Town Hall Regular Meeting Thursday, December 5, 2024, 6pm On Thursday, December 5, 2024, at 6pm, the Burnsville Town Council with Mayor Russell Fox and Councilors Judy Buchanan, Randy Ollis, Denise Collier, and Bill Wheeler present, held a regular meeting att the Burnsville Town Hall. Also in attendance were town staff members Heather Hockaday, Shane Dale, Brian Buchanan, Leslie Crowder, Niles Howell, Chad Fox, and Corbin Cooper, and visitors. Mayor Fox called the meeting to order at 5:59pm and stated that the purpose of the meeting Adoption of the agenda - Randy Ollis moved to adopt the agenda. Judy Buchanan seconded the was to conduct regular business for the month of December 2024. motion, which carried. All were in agreement. Public Comment Consideration of Minutes Minutes from a regular meeting held on November 7, 2024 and a special meeting held on November 22, 2024 were considered. Bill Wheeler made a motion to approve the minutes as read. Judy Buchanan seconded the motion, which carried unanimously. Minutes from a closed session held on November 7, 2024 were distributed and signed during the meeting. Public Hearings Presentations There were none. David Connor, operations director with the Military Aircraft Preservation Society (MAPS) in Ohio was present to present a donation to the Town. Mr. Conner, a retired fire fighter, volunteered in the Cane River area recently and said that the staff of MAPS had donated money for supplies but wanted to do more. Al benefit concert was held at the museum with the proceeds to benefit the Town of Burnsville's recovery from Hurricane Helene. He presented a check for $7,005.00 to Mayor Fox. Manager's Update - Town Manager Heather Hockaday 1. Project updates a. West Main Sewer Interceptor - Mrs. Hockaday reported that the project has received another extension to complete work after delays from the flooding. She said that b. Water Treatment Plant renovation Carolina Specialties has nearly completed valve Main Street' Water Line Improvements - She reported that part A of the project (Main Street and Bennett Street Water Line Improvements) did not have enough bidders and would be rebid soon. Carolina Specialties appears to be the low bidder on contract B (Glendale Avenue Area Water Line Improvements). d. Pine Swamp Waterwater Treatment Plant renovation - Mrs. Hockaday said that a recent pre-bid meeting for the project was well attended and should receive enough e. New PWD/Police building - Several contractors attended a pre-bid meeting the day before with a good walk-through. Mrs. Hockaday expects several bids. Temporary emergency fixes, resolution to ratify Bryant agreement Mrs. Hockaday gave background on an agreement with Bryant Land and Development Industries Inc. for emergency repairs following Tropical Storm Helene, the first amendment, and crews are back on site with a completion date set for March. and piping work and begun grading for the EQ basin. bids to continue. December 5, 2024 1 ar resolution to ratify the contract documents. Judy Buchanan moved to approve Resolution # 2024.12.05.01, Resolution to Ratify Contract Documents, Including Amendments, for Emergency Repair Services with Bryant Land and Development Industries Inc. Denise Collier seconded the motion, which carried unanimously. 2. Personnel Policy update Mrs. Hockaday mentioned several recent personnel changes including retirements and an employee leaving for another job. She explained the need for a description of a "temporary employee" in the Employee Handbook, saying that at temporary employee could help fill unexpected gaps or help with special events. Bill Wheeler moved to approve the Resolution to. Amend. Appendix. A "Job Descriptions" To The Town Of Burnsville Employee Handbook. Judy Buchanan seconded the motion, which carried unanimously. 3. Tax Report Mrs. Hockaday presented the Council with an updated taxi report, included Clerk's Update - Town Clerk Chad Fox updated the Council ont the Christmas Parade and the within these minutes. rescheduled High Country Council of Governments Annual Banquet. Department Updates 1. Public Works - Public Works Director Shane Dale reported that the sewer plant is having issues with the belt press and he is working with electricians to fixi it. He said that several water leaks have begun to occur with the public works crew making every effort to keep them fixed. He also mentioned that Public Works has been dealing with continued problems at the temporary water intake but he expects the pumps to be upgraded soon. 2. Finance Finance Officer Leslie Crowder previously provided al budget VS actual and overtime report. a. Consideration of opening an account, FEMA advance Mrs. Crowder explained the need to open an account for FEMA funds. Judy Buchanan moved to open a new account for the FEMA advance. Bill Wheeler seconded the motion, which carried. All i. Project Ordinance Mrs. Crowder presented the Project Ordinance that addressed a repayable bridge loan for utility repairs and temporary water line/intake infrastructure. Judy Buchanan moved to approve Capital Project Ordinance NC DEQ Bridge Loan. Bill Wheeler seconded the motion, which ii. Opening account Mayor Fox moved to open a new account for the NC DEQ Bridge Loan. Judy Buchanan seconded the motion, which carried. All were in Line item transfer, Fire Department Mrs. Crowder presented al budget amendment toallocate funds for Hurricane Helene related expenses and supplies. Randy Ollis moved to approve Adjustment #3, FY: 24/25. Judy Buchanan seconded the motion were in agreement. b. NC DEQ Bridge Loan carried. Ally were in agreement. agreement. which carried. All were in agreement. 3. Fire Department - Fire Chief Niles Howell presented a call summary and mentioned that the department received thirty-two calls for the month, most of which were motor vehicle accidents and fire alarms. He said that the Station is still distributing supplies as part of recovery efforts, hosting ai field hospital on a reduced schedule, and working with the school a. Consideration of appointments to the Firemans' Relief Fund board - Randy Banks and Robert Byrd were considered as the two members appointed by the Town Council. Mayor Fox moved to appoint Randy Banks and Robert Byrd to the system to give out toys. December 5, 2024 2 Firemans' Relief Fund Board. Judy Buchanan seconded the motion, which carried unanimously. 4. Police Department Update Police Chief Brian Buchanan presented an activity log and said 5. Zoning/Code Enforcement Update - Zoning Administrator Brian Buchanan said that things 6. Burnsville Town Center Town Center Manager Corbin Cooper reported that the Centeri is hosting several holiday events including toy drives, craft shows, and live music. Denise Collier shared an update from a RTAC meeting saying that the committee discussed how Yancey County was one of the hardest hit, requiring countless repairs. Randy Ollis mentioned a resident that was concerned about a muddy creek on private Yancey Chamber of Commerce - Chamber Director Elaine Mann reported on several initiatives and introduced Kat Bowers, a volunteer recently hired as program director. She mentioned the upcoming Christmas Parade, with an Appalachian Christmas theme, and Merry Main Street. The Chamber is hoping that the events will bolster attendance along the that the department has filled open positions and is now at full staff. are getting back to normal with permits beginning to get pulled. Council Members' Reports property. Updates from Advisory Boards and Non-Profits downtown streets. Next Town Council Meeting - Regular meeting on January 2, 2024, 6pm. 6:36pm. Randy Ollis seconded the motion, meeting adjourned. Adjourn With there being no further business, Judy Buchanan moved to adjourn the meeting at OF - Thmu fy T.Russell Fox, Mayor Fox, December 5, 2024 3 STATE OF NORTH CAROLINA YANCEY COUNTY FIRST AMENDEMENT EMERGENCY REPAIR AGREEMENT This is an amendment to an agreement entered into on 2 October, 2024 by and between the Town of Burnsville and Bryant Land and Development Industries, Inc., amending paragraph 2 ofthe TERMS of the agreement and paragraph 8 ofthe Standard Local Government Provisions oft the Local Government Rider (LGR) regarding payment for services rendered. WHEREAS, the parties entered into an agreement for emergency repair work to assist the Town's Public Works Department with, repairs of critical infrastructure such as broken water and sewer infrastructure, any debris remediation associated with the Town'si infrastructure and WHEREAS, Tropical Storm Helene, and the damage caused to Town infrastructure within the Town Limits and Yancey County created a dangerous situation that called fori immediate action without delay. Lack of safe and potable drinking water and wastewater treatment is an emergency and exigent circumstance, ini that there is an immediate threat to the public and private health, safety and welfare, local economic interest, educational interest and property; WHEREAS, the level of damages to the Town'si infrastructure exceeded the estimated amount significantly due tot the number of water and sewer line breaks and needed system repairs that presented once the Town's water and wastewater treatment services were attempted to be restored on October 14, 2024 and the water system was re-pressurized. The breaks disrupted the return ofi full service and caused further service outages to businesses, schools and residents as well as strained the treatment capacity oft the Town's Water Treatment System that suffered catastrophic damage to the raw water intake pump house and was running on a WHEREAS, in the weeks after the storm the Contractor's services were needed to perform additional exigent and emergency repair work beyond the initial agreed upon funding. Therefore, the sum of $30,000.00 in the agreement shall be increased upi to and not to exceed All other provisions of the agreement, including the exhibits attached to the original damaged streets resulting damages caused by tropical storm Helene; and and temporary intake system; and (NTE) $120,000. agreement, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment to the above referenced Agreement to be executed in their corporate names by their duly authorized officers, all as of the 27 day of_ NJovember 2024. TOWN OEBURNSVILLE By: FRe OF BURMRussell Fox, Mayor E42 CONTRACTOR By: Aa Greg Bryant, h This instrument has been pre audited ini the manner required by The Local Government Budget and Fiscal Control Act ckavibnu Leslie Crowder, Finance Officer Reso A6:202+.12-05.0 Resolution to Ratify Contact Documents, including amendments, for EMERGENCY REPAIR services with Bryant Land and Development Industries Inc. for assistance to the Town Public Works Department with repairs after damages caused by Tropical Storm Helene. WHEREAS, Roy Cooper, Governor oft the State of North Carolina, issued Executive Order 315 on 25 September, 2024 declaring a state of emergency in the Town of Burnsville, located in Yancey WHEREAS, the Yancey County Board of Commissioners declared a state ofe emergency on September 25, 2024, and on September 25, 2024 the Mayor of Burnsville issued a consent that pursuant to N.C.G.S. 166A-19.22/b)2), the State of Emergency Declaration issued by Yancey County shall apply within the corporate limits of the Town of Burnsville, North Carolina; and WHEREAS, on September 27, 2024, Hurricane Helene struck Yancey County (the "County") and the TOWN as a tropical storm resulting in massive damages to private and public property and to the infrastructure ini the County including the water and sewer utility systems owned and WHEREAS, there is an emergency! ini that there was an immediate threat to the public and private health, safety and welfare and property as a result of Tropical Storm Helene, and the damage done to TOWN infrastructure within the Town limits and Yancey County created a WHEREAS, the existing emergency did not permit delay resulting from competitive solicitation for the work described herein because the damage done tot the TOWN'S water and sewer infrastructure as a result of Hurricane Helene has been catastrophic in nature and must be addressed in order to restore public services that directly impact public and private health and WHEREAS, the TOWN entered into a noncompetitive proposal with Bryant Land and Development Industries, Inc. due to the immediate emergency that required services regarding repairs to the TOWN's structures and utilities on October 2, 2024 and amended on November WHEREAS, the Mayor oft the Town of Burnsville, as chief executive officer for the Town, executed the contracts on behalf oft the Town on October 2, 2024 and amendment dated County as a result of Tropical Storm Helene; and operated by the TOWN; and dangerous situation that called for immediate action; and safety; and 27,2024; November 27, 2024 and, regular Town Council Meeting. WHEREAS, the ratification of this service agreement is sought during this the December 5, 2024 NOW, THEREFORE, bei it resolved, by the Burnsville Town Council the following: 1. That the Emergency Repair Agreement an First Amendment executed October 2, 2024 and November 27, 2024 by the Mayor of Burnsville are ratified as to their form and substance. 2. That all acts and doings of officers, employees and agents of the Town, whether taken prior to, on, or after the date of this Resolution, that are in conformity with and in the furtherance of the purposes and intents oft this Resolution as described above shall be, and the same hereby are, in all respects ratified, approved and confirmed. 3. That this resolution shall be effective upon its adoption. This the S+day of December, 2024. T. Russell h Fox, Mayor a ATTEST: Fox, Town Clerk P Approved, toi fown EAI Reso No:2024.12.05.02 RESOLUTION TO AMEND APPENDIX A "JOB DESCRIPTIONS" TO1 THE TOWN OFI BURNSVILLE EMPLOYEE WHEREAS, during certain times the Town may need to increase personnel capacity in the form ofa WHEREAS, examples of times when a temporary employee may be needed mayi include, but are not HANDBOOK temporary employee; and limited to thei following: Declared emergencies Special Events/projects Retirement or separation of a regular employee Where specific expertise is required for a limited period of time Other times when Town management or staff determine additional labor force for a period of time less than one year is needed WHEREAS, at temporary employee is an employee onat temporary: appointment, for al limited term, WHEREAS, a temporary employee is assigned to at temporary appointment, which can include job classifications and responsibilities in any oft the Town's departments and would report to the department head or supervisor for that position if he/she was a regular employee. Compensation for temporary employees shall be set by the Town Manager and shall be commiserate with the duties and responsibilities oft the appointed position, employeesexpernence and educational or certification that shall not exceed eleven (11) consecutive months. requirements and/or other factors that may be relevant to the position. Temporary employees do not: earn leave, including sick leave and vacation leave; receive total state service credit; earn retirement credit; earn career status Temporary employees are ineligible for the following: health, dental or vision insurance benefits severance pay; priority reemployment consideration; promotional priority, or; their temporary employment period. allowed to grieve a disciplinary: action and may be separated at any time during WHEREAS, prior to offering at temporary employment position the Manager and Finance Department NOW, THEREFORE, BE IT RESOLVED, by the Burnsville Town Council hereby amends the Town's shall make a determination that the funding for the position's payi is available. Employee Handbook. Appendix A1 toi include the following: 1. A1 temporary employee is ani individual hired for a specific, predetermined period oft time, notto exceed 11 consecutive months, to fulfill a short-term jobr need, typically for a project or to covera temporary: staffing gap, and who is not considered a permanent employee, not eligible fori full employee benefits like health insurance or retirement plans. 2. A temporary employee is assigned to a temporary appointment, which can include job classifications and responsibilities in any of the Town's departments. Temporary employees will report to the assigned department head or supervisor for that position as he/she would if he/she wasa a 3. Compensation for temporary employees shall be set by the Town Manager and shall be commiserate with the duties and responsibilities of the appointed position, employee's experience and educational or 4. That the following terms and conditions of Temporary Employment with the Town shall be listed in regular employee. certification requirements and/or other factors that may be relevant to the position. the Town's Employee Handbook: Temporary employees do not: earn leave, including sick leave and vacation leave; receive total state service credit; earn retirement credit; earn career status Temporary employees are ineligible for the following: health, dental or vision insurance benefits severance pay; priority reemployment consideration; promotional priority, or; their temporary employment period. allowed to grieve a disciplinary action and may be separated at any time during 5. That the Town Manager shall hire any Temporary Employee upon consideration of the Town's needs for short-term labor after consultation with Town Department Heads and the Finance Department to determine the availability: a funding for the position. This the 5layof December 2024. TOWN OFE BURNSVILLE BY: TRanu Ay T.Russell Fox, Mayor ATTEST: fa a6 REAL PROP $2,997.74 $296.18 $19.17 PERSONAL PROP TOTAL $3,758.04 $509.82 $170.59 $205.01 $1,339.06 $239.29 $349.71 $439.34 $476.52 $583.45 INSOLVENT 2023 2022 2021 2020 2019 2018 2017 2016 2015 2014 $760.30 $213.64 $151.42 $205.01 $1,339.06 $239.29 $349.71 $439.34 $476.52 $583.45 $384.08 $470.86 $412.22 TOTALS DEC.2 2024 $3,313.09 $4,757.74 $8,070.83 $1,267.16 Tax Delinquent Report By Year Page:1of2 Town of Burnsville Date: 12/2/2024 2349 2701 2055 2789 3080 2598 1722 2612 1491 2197 2469 2469 2469 2469 2469 2469 1814 2101 2101 1009 1009 1009 575 2978 2219 231 1150 332 2228 2234 2558 2558 666 2079 2079 2079 2079 2079 2079 2079 2079 2079 2138 2138 2138 2138 2138 2138 2138 2138 Account Customer Name Tax Year Amount Owed 2017 2023 2015 2022 2023 2022 2023 2023 2023 2019 2023 2018 2019 2020 2021 2022 2023 2022 2023 2021 2022 2023 2014 2023 2023 2023 2023 2023 2015 2018 2021 2022 2014 2021 2015 2016 2017 2018 2019 2020 2022 2023 2015 2016 2017 2018 2019 2020 2021 2022 APPALACHIAN VIBE &1 MUSIC STUDIO BONILLA, SHEILA DARDER BURLESON, SHAWNB BURNSVILLE! HOSPITALITY GROUP CAY3INVESIMENTS. LLC CLRAI HOLDINGS INC DEYTON, AARON FORD & FORDI RENTALSLLC FOX, WYLIE DEAN & JUDY ANN BLANKENSHIP FRED'S RETAIL STORE#1193 GALLOWAYJASONTEW GALLOWALIASONTEW GALLOWAKIASONTEW GALLOWAY,ASONTEW GALLOWAVJASONTEV GALLOWAY,IASONTEW GRIGGS, DARRELL: & CATHERINE HENSON, MELVIN HENSON, MELVIN HENSON, MELVIN HENSON, MELVIN HENSON, MELVIN INTHE GARDEN LAVENDER: DRAGONFLY LIL SMOKY DRIVE-IN MCCOURRY,TROY WADE MCCOURRY,TROY WADE MEADE, DONOVANC& SARAHE MOUNTAIN LIFESTYLE REALTY GROUP OFFTHE BEATEN PATH PAPPY'S GUNSMITHIN. & BACKWOODS LIVIN' PAPPY'S GUNSMITHIN & BACKWOODS LIVIN' PATE, JOSEPHP PATE, JOSEPHI P PATE, JOSEPHI P PATE, JOSEPHI P PATE, JOSEPHI P PATE, JOSEPHI P PATE, JOSEPHI P PATE, JOSEPHI P PATE, JOSEPHI P PATE, JOSEPHI P PROCOPIO, PEDRO PROCOPIO, PEDRO PROCOPIO, PEDRO PROCOPIO, PEDRO PROCOPIO, PEDRO PROCOPIO, PEDRO PROCOPIO, PEDRO PROCOPIO, PEDRO $88.74 $388.60 $37.76 $68.43 $261.91 $8.97 $4.22 $311.47 $139.48 $1,149.51 $18.82 $26.86 $25.13 $22.98 $27.23 $22.64 $402.40 $6.27 $5.74 $19.17 $292.20 $269.40 $61.98 $3.64 $30.34 $480.48 $121.97 $382.46 $14.89 $14.84 $35.72 $29.11 $327.22 $51.05 $210.09 $251.42 $215.37 $179.12 $149.03 $136.25 $45.04 $39.91 $10.90 $25.89 $22.16 $18.47 $15.39 $14.07 $11.72 $9.69 Tax Delinquent Report By Year Page: 2 of2 Town of Burnsville Date: 12/2/2024 2138 2112 2249 2249 2254 2255 2255 2255 2255 2263 2263 1671 2149 2271 1561 3030 2670 1771 1133 1133 Account Customer Name Tax Year Amount Owed 2023 2023 2015 2016 2015 2020 2021 2022 2023 2015 2016 2014 2017 2023 2023 2023 2023 2014 2022 2023 PROCOPIO, PEDRO REDBOX. AUTOMATED! RETAILI LLC SAM'S REGALI BEAGLE SAM'S REGALI BEAGLE SIMPLICITY SIX CHRIS PRODUCTS INC SIX CHRIS PRODUCTS INC SIX CHRIS PRODUCTS INC SIX CHRIS PRODUCIS INC TAP) PHOTOGAPHY TAPI PHOTOGAPHY TAPI PHOTOGAPHY THE OFFICE SHOPPE TROY'S GREENHOUSES & FABRICS TYNER, FORRESTMARCO & ERIKA WARREN,ANDREW: M(1/2) & WARREN, ALLISONI D WRIGHT FAMILY RESTAURANTI INC YANCEY COUNTY NEWS YOUNG, JETERI R YOUNG, JETERI R $8.09 $39.42 $51.18 $47.31 $12.20 $31.71 $25.70 $23.49 $21.49 $139.50 $114.72 $167.51 $23.44 $16.91 $1.67 $37.26 $579.58 $26.74 $3.98 $192.78 $8,070.83 Total Amount: Tax Years and Totals 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 $583.45 $476.52 $439.34 $349.71 $239.29 $1,339.06 $205.01 $170.59 $509.82 $3,758.04 Russell Fox Mayor Heather Hockaday Town Manager/Attorney Chad Fox Town Clerk Councilors: Judy Buchanan Denise Collier Randy Ollis Bill Wheeler Cotun of Durnsbille BURN E FTHCAROIY Capital Project Ordinance NCDEQ BRIDGE LOAN BE IT ORDAINED by the Burnsville Town Council, pursuant to Section 13.2 of Chapter 159 of the general statutes of North Carolina, the following grant projects are Section 1. The project is the temporary water line and intake system, as well as repairs to the water and sewer utility system to be funded by a state loan from NCDEQ. Section 2. The officers of this unit are hereby directed to proceed with the grant project within the terms of the board resolutions, loan documents and the budget contained Section 3. The following revenues are anticipated tol be available to complete this project. hereby adopted: herein. Funds: Repayable bridge loan proceeds: $3,000,000.00 Section 4. The following amounts are appropriated for the project: Expenses: Utility repairs and temporary water line/intake infrastructure: $3,000,000.00 Section 5. The Finance Officer is hereby directed to maintain within the Grants Project Fund sufficient specific detailed accounting records to provide the accounting to the grantor agency required by the grant agreement(s) and federal and state regulations. Section 6. Requests for funds should be made to the grantor agency in an orderly and timely manner as funds are obligated and expenses incurred. Funds may be advanced from the enterprise and general funds for the purpose of making payments as due. Section 7. The Finance Officer is directed to report on a quarterly basis, on the financial status of the project. P.O. Box 97 . Burnsville, North Carolina 28714 . Phone (828) 682-2420 . FAX (828) 682-7757 . wwnctowmobumawilleong Section 8. Copies of this Capital Project Ordinance shall be furnished to the Clerk to the Board, and to the Budget Officer and the Finance Officer for direction in carrying out this project. ADOPTED this 6th day ofDecember, 5th 2024. TKmhy Mayor T.J Russell Fox ATTEST: OF BURA 9A3 Adjustment? # 3 FYa425 Justification for Adjustment: Qllocale funds fx hurricane 4 Helene Related eyperses Lecessary Supplies TOWN OF BURNSVILLE Revenue Adjustments BUDGET ADJUSTMENT- Line tem transfev Account Number Account Description Increase Decrease Expenditure Adjustments Account Description Account Number Decrease Increase 10.00D 10-530-3500 Hurricane Relief Supples 10-530-5800 Addilonal Pincipal on Debt 10.000 Totals 10.000 10,000 Prepared by: Date: DATE Approved by: Posted by: Date: Date: 12/5/2024 Monthly Call Summary for November 2024 4(0 F/A Structure Assist EMS Standby Assist Police MVA Public Service Drill Hazmat Landing Zone Brush Fire Road Hazard Investigation Power Lines Down Tree Down Bomb Scare CO Alarm Smoke Det. Alarm Stranded Motorist Search Vehicle Fire Fire = Other Rescue/Extrication Cancelled Enroute 5 3 2 Cancelled Enroute 19% 6 1 1 1 Structure 9% Assist EMS 6% CO Alarm 3% 3 1 Power Lines Down 3% MVA 19% Hazmat 3% 1 Landing Zone 3% Public Service 3% 2 6 - F/A Assist Police Hazmat Investigation CO Alarm Vehicle Fire Structure MVA Landing Zone Power Lines Down Tree Down Smoke Det. Alarm Stranded Motorist Search Fire-Other - Assist EMS Public Service Brush Fire - Standby - Drill Road Hazard Bomb Scare Cancelled Enroute Mutual Aid Calls-7 Total For Month- 32 Total For Year 412 Rescue/Extrication Police Activity Logs November 2024 Officer Calls 9% 24% 4% 24% CallF For Service .S Side Street Patrol "Vehicle Accident DE Extra Patrol "Vehicle Lockout 39% Officer Actions 5% 9% 8% 21% "Citationl Issued a Arrest Made. a No. Action Needed a Business Checked V Warning Issued - Assisted Other Agency - Assisted Motorist 279 2% 28% FIN.@L-FASHIONED 35 TAMIY CHRISTMAS