BURNSVILLE TOWN COUNCIL Special Meeting - Monday, March 17, 2025, 12pm Burnsville Town Hall On Thursday, March 17, 2025, at 12pm, the Burnsville Town Council with Mayor Russell Fox and Councilors Judy Buchanan and Bill Wheeler present, held a regular meeting at the Burnsville Town Hall. Denise Collier listened in remotely and Councilor Randy Ollis was unable to attend. Also in attendance were town staff members Heather Hockaday and Chad Fox, and visitor Elaine Mann. Mayor Fox called the meeting to order at 12pm. Adoption of the agenda - Judy Buchanan moved to adopt the agenda as presented. Bill Wheeler seconded the motion, which carried. All were in agreement. Ratify emergency contracts from Hurricane Helene - Town Manager Heather Hockaday presented a resolution and explained the dire nature of the Towns infrastructure following Helene. With almost no way of communicating, the Town was able to visit sites with engineers from WithersRavene! a few days after the storm, and begin to put together a plan to involve contractors and get temporary systems up and running. She explained that during this time the Town was operating under a State of Emergency and Mayor Fox entered into contracts with different companies to begin emergency work. All of the contracts contained a "not to exceed amount" and none have exceeded the amounts. Mrs. Hockaday reviewed the Helene related emergency contracts, companies, and projects. The Town worked with WitherRavenel, Harper Construction, Garney Companies, Bryant Land Development Inc., Clifton Hamlin LLC, and Charles R. Underwood on various emergency projects to restore town services as quickly as possible. Judy Buchanan moved to approve Resolution #2025.03.17.0, acknowledging and retroactively ratifying, confirming, and approving the emergency contracts entered into during the aftermath of Hurricane Helene. Bill Wheeler seconded the motion, which carried. All were in agreement. Consider an amended funding offer from the NC Department of Environmental Quality for the Main Street Waterline Improvements project - Mrs. Hockaday said that the Main Street waterline project came in overbid and with the damage to several aspects of the Cane River/Bolens Creek raw water infrastructure, DEQ has allowed the ARPA money to be moved from the raw water intake project to the Main Street waterlines project. This will help take advantage of the ARPA funds as the deadline to spend nears. Aspects of the Cane River/Bolens Creek raw water intake could now potentially become FEMA projects. Bill Wheeler moved to approve Resolution #2025.03.17.02 modifying ARPA grant funds for the Main Street waterlines and Cane River/Bolens Creek raw water projects and authorizing Town Manager Hockaday to execute the documents. Judy Buchanan seconded the motion, which carried. All were in agreement. Adjourn - With there being no further business, Judy Buchanan moved to adjourn the meeting at 12:15pm. Bill Wheeler seconded the motion, meeting adjourned. OF SURA A / Fy Lu TKeme Chad Fox, Town Clérk T. Russell Fox, Mayor 1omT CA CAS March 17, 2025 1 Resolution No o e 2025.03.17.01 RESOLUTION BY BURNSVILLE TOWN COUNCIL TO RATIFY EMERGENCY CONTRACTS DURING A DECLARED EMERGENCY FOR NECESSARY REPAIRS AND REPLACEMENT OF CRITICAL INFRASTRUCTURE DAMAGED OR DESTROYED BY HURRICANE HELENE. WHEREAS, Roy Cooper, Governor of the State of North Carolina, issued Executive Order 315 on September 25, 2024 declaring a state of emergency in the Town of Burnsville, located in Yancey County as a result of Tropical Storm Helene; WHEREAS, the Yancey County Board of Commissioners declared a state of 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-19.22D)2). the State of Emergency Declaration issued by Yancey County should apply within the corporate limits of the Town of Burnsville, North Carolina; and WHEREAS, on September 27, 2024, Hurricane Helene struck Yancey County and the Town as a tropical storm resulting in massive damages to private and public property and to the infrastructure of the Town including the water and sewer utility systems owned and operated by the Town; and, WHEREAS, there was an emergency and an immediate threat to the public and private health, safety and welfare and property as a result of Hurricane Helene, and the damage done to Town infrastructure within Yancey Town created a dangerous situation that called for immediate action; and, WHEREAS, the existing emergency did not permit delay resulting from competitive solicitation for the work described herein because the damage done to the Town's water and sewer infrastructure as a result of Hurricane Helene was catastrophic in nature and must have been addressed in order to restore public services that directly impact public and private health and safety; and, WHEREAS, the Burnsville Town Council acknowledges that during the emergency and exigent circumstances created by the catastrophic damages caused by Helene the Mayor and town staff acted reasonably, prudently and in the best interest of the Town and its citizens, residents and consumers inresponse to the emergency by entering into emergency contracts with various contractors to repair, replace or rebuild damaged infrastructure and create temporary infrastructure facilities SO that critical water and sewer services could be restored to alleviate and abate the public health, safety and educational and economic emergency brought about by the devastation of Helene. NOW, THEREFORE THE BURNSVILLE TOWN COUNCIL HEREBY RESOLVES THE FOLLOWING: 1. That Hurricane Helene catastrophically damaged and destroyed critical infrastructure of the Town of Burnsville and created an emergency and exigent circumstances and crisis for public health, safety and welfare of citizens, the educational system, business community and county economy, the environment and the emergency aid efforts of the Town of Burnsville and Yancey County. 2. That the Emergency Contracts entered into by the Mayor were reasonable and necessary to restore critical infrastructure of water and sewer distribution, collection and treatment during the emergency created by the destruction of the storm, Helene. 3. That Council acknowledges and retroactively ratifies all emergency contracts entered into in the aftermath of Helene's destruction to repair, replace, restore or rebuild damaged water and sewer infrastructure components and facilities or to create temporary facilities to restore water and sewer service to citizens, businesses, schools, medical facilities, local government facilities, public safety facilities, houses of worship and emergency services and shelter facilities throughout the Town of Burnsville and in Yancey County. 4. That the Emergency Repair Agreements entered into by the Mayor of Burnsville are ratified, approved and confirmed as to their form and substance. 5. 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 of this Resolution as described above shall be, and the same hereby are, in all respects ratified, approved and confirmed. 6. That this resolution shall be effective upon its adoption. This the (7" day of March, 2025. Ranu Hy T. Russell Fox, Mayor ATTEST: SE J. Chad Fox, Town Clerk ENTH CARO S List of Emergency Contracts-Helene Related WithersRavene!: Withers worked on the following projects as engineering consultant, design work, contractor contact and project oversight 1. Temporary Raw Water Pumping System. 2. Filing and piping modifications at WTP to bring potable water into the plant for start up 3. Replacement of Cane River 8" Waterline 4. WWTP blower motor and electrical panel damage and camera work to determine damages to sewer mains and manhole Harper Construction: Creation, building and installation of Temporary Raw Water Pumping System Garney Companies: 1. Assistance in getting potable water and making piping modifications to WTP to get the plant back into operation after the storm. 2. Replacement of 8" waterline under the Cane River to reconnect the west side of Yancey County customers with water service, including residences, small businesses, ALTEC Industries (largest employer), Cane River Middle and Blue Ridge Elementary schools that were serving as shelters and aid centers. Bryant Land Development Inc.: Assist the Town public works crew in repairing broken and displaced water and sewer lines and leaks that resulted from the storm damage. Clifton Hamlin LLC.: repairs to water line on Bakers Creek. Charles R Underwood: repairs to blower motors and electrical panels at the Pine Swamp Sewer Plant. Resolu-ionNo. 2025.03.17.02 RESOLUTION BY BURNSVILLE TOWN COUNCIL ON BEHALF OF THE RECIEPENT TOWN OF BURNSVILLE FOR THE MODIFIÇATION OF AMERICAN RESCUE GRANT FUNDING THROUGH THE NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY, DIVISION OF WATER INFRASTRUCTURE WHEREAS, the American Rescue Act (ARPA), funded from the State Fiscal Recovery Fund, was established in Session Law (S.L.) 2021-180 and S.L. 2022-74 to assist eligible units of local government with meeting their drinking water and/or wastewater and/or storm water infrastructure needs; and, WHEREAS, the North Carolina Department of Environmental Quality has offered ARPA funding in the amount of $5,849,527.00 to perform work submitted in an application from the Town of Burnsville and bearing project number: SRP-D-ARP-0124 (Main Street, Bennett, and Glendale Avenue Water Improvements; and, WHEREAS, the North Carolina Department of Environmental Quality has offered ARPA funding in the amount of $2,221,191.00 to perform work submitted in an application from the Town of Burnsville and bearing project number: SRP-D-ARP-0123 (Bolens Creek water line and Cane River Intake Improvements) WHEREAS, the project area for project # SRP-D-ARP-0123 suffered catastrophic damage during tropical storm Helene that devastated Yancey County on September 27, 2024; including the complete destruction of the Town's raw water intake system and 1000 linear feet of line and approximately 11,000 linear feet of line on Bolens Creek Road. Due to the destruction caused by the storm current grant funding for this project would not cover the needed replacement costs; and, WHEREAS, ARPA funding has an expenditure deadline of December 31, 2026. This deadline would not have been met if the funding was used for an altered project to replace the infrastructure that was lost due to the project area being destroyed by Helene and funding would have been forfeited due to the storm damage; and, WHEREAS, the North Carolina Department of Environmental Quality has offered to increase funding for project SRP-D-ARP-0124 in the amount of $1,409,600.00 due to a shortfall in funds after bidding; and, WHEREAS, after reducing the amount of funding for SRP-D-ARP-0123 by $1,409,600.00 this project will have $811,591.00 remaining to complete the portion of the project that was in an area outside oft the destruction caused by Helene; and, WHEREAS, the Town of Burnsville intends to perform SRP-D-ARP-0124 and SRP-D-ARP-0123 projects in accordance with the approval of North Carolina Department of Environmental Quality as modified herein; and NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF BURNSVILLE: 1. That the Town of Burnsville does hereby accept the modified funding offer of $1,409,600.00 for additional funds to project SRP-D-ARP-0124 and modification of funding for SRP-D-ARP-0123 by the same amount; and 2. That the Town of Burnsville does hereby give assurance to the North Carolina Department of Environmental Quality that any "conditions and assurances" contained in the Funding Offer and Acceptance will be adhered to; has substantially complied, or will substantially comply, with all federal, North Carolina State, and local laws, rules, regulations, and ordinances applicable to the project; and to federal and State grants and loans pertaining thereto; and 3. That Heather Hockaday, Town Manager, and successors SO titled, is hereby authorized and directed to furnish such information as the appropriate State agency may request in connection with this project; to make the assurances as contained above; and to execute such other documents as may be required by the North Carolina Department of Environmental Quality, Division of Water Infrastructure. Adopted this the 7+h day of March, 2025 at Burnsville, North Carolina. TOWN OF BURNSVILLE: By: Bunel Ay T. Russell Fox, Mayor ATTEST: - * - - / A Im F J. Ckad Fox, Town Clerk e EHCAENE Main St./Bennett/W. Glendale Total Budget $ 5,849,527.00 Tech Services $ (740,800.00) Admin Costs $ (207,500.00) Contract A Low Bid $ (3,110,000.00) Contract B Low Bid $ (2,507,985.00) Contract A Contingency (5%) $ (155,500.00) Contract B Contingency (5%) $ (125,399.25) Balance $ (997,657.25) Add Longview Rd. (2600' approx.) $ (364,000.00) estimated Cane River/Bolens Creek Total Budget $ 2,221,191.00 Tech Services $ (175,000.00) Design, Bidding (spent and billed) Admin Costs $ (20,000.00) ER Preparation (spent and billed) Grant Administration $ (100,000.00) High Country Construction Administration 50,000.00) $115,000 in contract; proposed an Cost of Work to be Awarded $ (446,592.00) 9425,938.10 + 5% contingency Easements/Legal $ (20,000.00) Balance $ 1,409,599.00 Total balance (w/ Longview) $ 47,941.75 Total balance (w/o Longview) 411,941.75 Reduction from SRP-D-ARP-0123 $ (1,409,600.00) Addition to SRP-D-ARP-0124 $ 1,409,600.00