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April 8, 2024 Work Session MeetingAGENDA Lillington Board of Commissioners Work Session Meeting Lillington Town Hall 102 E. Front Street Lillington, North Carolina 27546 April 8, 2024 8:30am CALL TO ORDER MAYOR GLENN MCFADDEN NEW BUSINESS Item #1 Call a Special Meeting for the 2024 Town of Lillington Board of Commissioners Planning Retreat Lindsey Lucas, Town Clerk Item #2 Consideration of Senior Citizens Advisory Board Appointment Lindsey Lucas, Town Clerk Item #3 Discussion and Consideration of Resolution of Declaration of Official Intent to Reimburse Expenditures Alicia Adams, Administrative Services Director Item #4 Discussion Regarding the Town of Lillington’s Participation in a Community Welcome Guide Lindsey Lucas, Town Clerk Item #5 Discussion Regarding Establishing Town of Lillington Water And Wastewater Allocation Policy Shane Cummings, Town Engineer Item #6 Administrative Reports A.Presentation of the Public Works Monthly Activities ReportAshley Wimberly, Public Works Director B. Capital Projects Update Alicia Adams, Administrative Services Director C. Presentation of the Monthly Financial Report Lisa Young, Assistant Town Manager D.Presentation of Town Manager’s Report Joseph Jeffries, Town Manager Town of Lillington | 2 Item #7 Discussion of Regular Meeting Agenda for April 9, 2024 Joseph Jeffries, Town Manager Item #8 Closed Session to Meet per §143-318.11(a)(3)(5)(6) Joseph Jeffries, Town Manager ADJOURNMENT AGENDA ITEM SUMMARY Date of Meeting: April 8, 2024 Staff Work By: Lindsey B. Lucas, Town Clerk AGENDA ITEM Call a Special Meeting ITEM SUMMARY Call a Special Meeting for the 2024 Town of Lillington Board of Commissioners Planning Retreat. RECOMMENDED ACTION Call a Special Meeting AGENDA ITEM #1 AGENDA ITEM SUMMARY Date of Meeting: April 8, 2024 Staff Work By: Lindsey Lucas, Town Clerk AGENDA ITEM Consideration of Senior Citizens Advisory Board Appointment ITEM SUMMARY Per Section 32.65 of the Lillington Code of Ordinances; the Senior Advisory Board currently has one (1) available position for an in-town member. There was one application submitted for appointment to the Senior Citizens Advisory Board. The Town Clerk has received no other applications for consideration of appointment. RECOMMENDED ACTION Appoint Member to the Lillington Senior Citizens Advisory Board. AGENDA ITEM #2 AGENDA ITEM SUMMARY Date of Meeting: April 8, 2024 Staff Work By: Alicia Adams, Administrative Services Director AGENDA ITEM Discussion and Consideration of Resolution of Declaration of Official Intent to Reimburse Expenditures ITEM SUMMARY Attached for your consideration is a Resolution of Declaration of Official Intent to Reimburse Expenditures RECOMMENDED ACTION Approve Resolution of Declaration of Official Intent to Reimburse Expenditures AGENDA ITEM #3 TOWN OF LILLINGTON 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2654 ● Fax (910) 893-3693 ● www.lillingtonnc.com RESOLUTION FY 2024-20 RESOLUTION OF DECLARATION OF OFFICIAL INTENT TO REIMBURSE EXPENDITURES WHEREAS, this Resolution of declaration of official intent is made pursuant to Treasury Regulations Section 1.150-2, or any successor or substitute Regulations which may be promulgated hereafter, to expressly declare the Town’s intention to reimburse itself for certain expenditures heretofore paid or to be paid by the Town, such reimbursement to be made with the proceeds of debt to be incurred by the Town. WHEREAS, the Town has advanced and/or will advance its own funds to pay certain capital costs (the "Original Expenditures") relating to a new Fire Station #3 ($3.5 million), Capeton Greenway Trail ($1.5 million), and Public Works Storage Facility ($1 million) (together, the "Project"). WHEREAS, the funds heretofore advanced or to be advanced by the Town to pay the Original Expenditures are or will be available only on a temporary basis, and do not consist of funds that were otherwise earmarked or intended to be used by the Town to permanently finance the Original Expenditures. WHEREAS, as of the date hereof, the Town reasonably expects that it will reimburse itself for such Original Expenditures with the proceeds of debt to be incurred by the Town, and the maximum principal amount of debt to be issued with respect to the Project is expected to be $6,000,000. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARD THAT This Resolution shall become effective and binding upon its adoption. Adopted this the 8th day of April, 2024. Attest: _______________________________ ______________________________ Lindsey B. Lucas, Town Clerk Glenn McFadden, Mayor AGENDA ITEM SUMMARY Date of Meeting: April 8, 2024 Staff Work By: Lindsey B. Lucas, Town Clerk AGENDA ITEM Discussion Regarding the Town of Lillingtons Participation in a Community Welcome Guide ITEM SUMMARY The Lillington Chamber of Commerce has come to the Town wanting to know if we would like to consider participating in a Community Welcome guide. RECOMMENDED ACTION None AGENDA ITEM #4 AGENDA ITEM SUMMARY Date of Meeting: April 8, 2024 Staff Work By: Shane Cummings, Town Engineer AGENDA ITEM Discussion Regarding Establishing Town of Lillington Water And Wastewater Allocation Policy ITEM SUMMARY Further discussion regarding establishment of a new policy and a procedure by which the Town of Lillington (“Town”) can fairly and reasonably allocate the Town’s available water and wastewater treatment services to customers that the Town serves. RECOMMENDED ACTION None AGENDA ITEM #5 1 TOWN OF LILLINGTON WATER AND WASTEWATER ALLOCATION POLICY I. Purpose and Intent This policy is to establish a policy and a procedure by which the Town of Lillington (“Town”) fairly and reasonably allocates the Town’s available water and wastewater treatment services to customers that the Town serves. The Town seeks to grant water and wastewater allocations in a way that supports economic growth, job creation, strengthened tax base, high quality development, and maximum efficiency of infrastructure and service delivery. II. Policy Applicability A. This policy applies as follows: 1. All residential and non-residential developments as defined in the Town’s UDO within the Town’s planning jurisdiction which are required to connect to the Town's public water or sewer system are required to make a request for and obtain a water and wastewater treatment capacity allocation approval (“Allocation Approval”). 2. Any existing approved residential and non-residential developments with or without an Allocation Approval, that seeks approval for a modification or expansion with an increase in water service and/or sewer collection/treatment impacts, including discharge limits and volume allocation, will require a new Allocation Approval. 3. Any residential and non-residential developments outside of the Town’s planning jurisdiction, which in the future obtain development approval by another governing board, that desires to connect to the Town's water or sewer system. B. Notwithstanding the above provisions of Section II., the following types of developments are exempt from the requirements of this policy: 1. Properties with existing NC DEQ water and/or wastewater permits that are not modified or extended related to water and/or sewer collection/treatment impacts, 2 including discharge limits and volume allocation and who’s property is still in compliance with the approval requirements of the Town of Lillington UDO. 2. Property serviced by private water supply systems and/or wastewater systems, which will not be connected to the Town’s water and wastewater system or . 3. Property serviced by public water supply systems and/or wastewater systems, which will not be connected to the Town’s water and/or wastewater system. III. Procedure for Consideration of Allocation Approval Applications A. Approval By Administrator 1. All water and wastewater allocation requests, unless specified herein, must be approved by the administrator appointed by the Town (the “Administrator”). It shall be the policy of the Administrator to generally allocate water and wastewater capacity when water and treatment capacity and transmission capability is available and consistent with this policy. For the purposes of this policy the term “Capacity” shall mean available water supply or wastewater treatment capability, as applicable, and also transmission capability. Capacity allocation requests shall be evaluated on a first-come, first-served basis, provided capacity allocations are available. The Town reserves the right to impose maximum lot counts for each proposed phase within residential and non-residential developments to help adequately determine future water and/or sewer capacity allocations. Phasing should conform to the Town of Lillington Unified Development Ordinance. Approval of a new or modified Allocation Approval will be at the sole and absolute discretion of the Town and shall be evaluated in accordance with this policy. B. Submittal of Allocation Approval Applications: 1. The owner or developer of any residential and/or non-residential development requiring an Allocation Approval from the Town shall submit a written application 3 via a form provided by the Administrator, for an allocation reservation and shall pay the Allocation Approval application fee. The application shall include detailed information on the amount of capacity necessary to serve the project, the nature of the project, the project schedule, phasing in relation to the demand of water and wastewater capacity, proposed water and/or sewer system layout, engineering report(s), system analysis, construction plan and/or site plan submittal, and other supporting documentation required by the Administrator. Requests for allocation shall be submitted with the construction and/or site plans to the Administrator. Upon receipt of the application, supporting documentation, and application fee, the Administrator will perform a review . 2. Previously Approved Projects: residential and non-residential developments that have made substantial financial and operational commitments based on good faith construction plan approvals previously issued by the Town in compliance with existing utility service policies at the time this policy is adopted will receive an allocation of necessary water and wastewater capacity to support the project commencement and completion on a first come first serve basis and consistent with paragraph F. These projects will also be subject to a phasing plan according to this policy. C. Allocation Approval Consideration and Determination: 1. Allocation approval for land development is limited to a maximum of one hundred fifty (150) lots or residential equivalent units per phase. 2. All water and/or sewer improvements within approved phases must be constructed and lots within approved phases must be recorded within two (2) years of receipt of the Authorization to Construct Permit from the Town or NCDEQ. If a minimum of fifty percent (50%) of its planned building permits are not issued within four (4) years from receipt of the Authorization to Construct, the Town reserves the right to rescind the unused amount of capacity for future use and begin the review process again to 4 include updated plans and construction drawings from the Engineer of Record for the development. 3. Requests for a subsequent phase allocation approval of a maximum of one hundred fifty (150) lots of the same land subdivision development will be reviewed for construction, but no allocation issued for permits until utility improvements are constructed and all lots are recorded, and fifty percent (50%) of it’s planned building permits have been issued for the previously approved phase 4. Approval of an Allocation Approval request is contingent on an approved construction plan(s) and/or site plan(s) and in conjunction with pending state water and wastewater permits, and the following factors may also be considered during the allocation approval process: i. Whether the application is for land use that is consistent with the Town’s adopted policies concerning growth and development; and ii. Any other factors , related to whether approval of the allocation promotes or undermines public interest, public health or safety, or the general welfare of the Town. iii. In no case shall renaming of development, phasing, or alternative configuration of parcel(s) be used to circumvent any of the allocation permitting processes outlined herein. D. Allocation Approvals 1. Allocation issued by the Town will reserve the approved water and wastewater transmission and treatment capacity. The Allocation Approval will be issued by the Town after which the Town will submit to NCDEQ the corresponding Water Extension Application, Sewer Permit Application and Flow-Tracking Form. E. Allocation Approvals are for only the parcel for they are approved and are not transferable to another parcel. 5 F. Expiration of Allocation Approvals An allocation approval will expire and shall be revoked for the following reasons: 1. A project has not progressed in accordance with the timeframes specified in Section III-B above and any approved extensions. Projects with an expired Allocation Approval will be required to submit a new application with supporting information. 2. The project is unsuccessful in obtaining any required Federal, State, or local government permit. 3. The expiration or revocation of an Allocation Approval revokes the corresponding NC DEQ Flow Tracking, NC DEQ Sewer Permit and/or Water Permit. 4. In the event an Allocation Approval expires or is revoked, the allocation will automatically revert to the Town. The Town shall bear no liability for any costs incurred by the applicant, or any further responsibility in the matter. G. Reversion of Unused Allocation Allocation Approvals are granted to specific development(s) located on a specific parcel or parcels of land and based on the approved development that received an allocation. Upon completion of the development or allocation expiration, any unused allocation will automatically revert to the Town. H. Allocation Approval does not imply or confer approval of any other applications or reviews as may be required by Town Ordinance or policy and does not imply or create any vested right. IV. Appeal Process Staff decisions under this policy may be appealed to the Administrator. Appeal requests must be in writing and include a detailed description of the proposed development, the allocation requested, and the reason for the appeal. All decisions rendered by Administrator shall be final. V. Term of Policy 6 This Policy shall be effective on and after ___________________________. In accordance with the Allocation Agreement, this policy shall remain in effect until the Administrator amends the policy or adopts a new policy. AGENDA ITEM SUMMARY Date of Meeting: April 8, 2024 Staff Work By: Joseph Jeffries, Town Manager Lisa Young, Assistant Town Manager Alicia L. Adams, Administrative Services Director Ashley Wimberly, Public Works Director Frank Powers, Police Chief John Bethune, Fire Chief William Baker, Parks & Recreation Director Brandon Harris, Assistant Parks & Recreation Director Josh Perry, Planning & Inspections Christy Norris, Youth Programs AGENDA ITEM Administrative Reports. ITEM SUMMARY Monthly reports covering administrative and department activities, financial summaries and public utility usage information RECOMMENDED ACTION Receive information and direct staff, if applicable. AGENDA ITEM #6 CAPITAL PROJECTS UPDATE SCIF Grants Downtown Facilities Stewart, Inc. is continuing to work on the construction drawings for Downtown. Staff has received cost estimates from Duke Energy for relocation of utilities. The Town has entered into a contract with Duke Energy including a non-refundable deposit of $90K. This will provide the Town with the actual cost for construction for underground utilities. Staff is continuing to work closely with Ducke Energy and Pike to work through construction plans. The Downtown project is complex. Consultants include Duke Energy, Pike, McAdams, utility providers in the area, Stewart, and adjacent developer. McAdams is continuing to explore alternatives for stormwater retention Downtown as requested by the Lillington Board of Commissioners at the October 23, 2023 Special Meeting. Stormwater Resiliency Funds Staff was notified that the State allocated $3.5 million for Stormwater infrastructure improvements and stream restoration, to provide more efficient stormwater management and flood resiliency. Project components will include stormwater management, replacing undersized culverts, and stabilizing streambanks to improve flood resiliency. Staff has received all of the funding to begin the project. Projects: 1. Downtown Stormwater Improvements • Finalizing 65% Design plans. These are currently under internal review before sending to Town. Once Town has had a chance to review and comment, McAdams will begin Utility coordination / coordination with other stakeholders. • An on-site meeting will take place to make determinations on constructability and potential conflicts. McAdams will invite Town staff to join in field visits and coordination discussions. • Consultants are coordinating with the railroad RJ Corman to put in an additional crossing. 2. Duncan Street • Under construction 3. Railroad Crossing • Finalizing 65% Design Plans • Ongoing coordination with RJ Corman (Railroad) for encroachment documentation and permitting for working within their R/W. 4. 13th Street Reservoir • McAdams is recommending upsizing the northernmost culvert crossing on S 13th Street to dual RCBC box culverts to eliminate roadway overtopping for the 10 and 25-Year design storms. Although this recommendation is a slight deviation from the 15’W x 6’H RCBC, which is listed as the preferred design alternative (#2) in the previous Town of Lillington Stormwater Assessment, it will better maintain existing stream geometry and lend to more feasible construction and procurement of materials. • Construction Drawings are close to completion. • Easement acquisition will be necessary for completion of the project Golden Leaf Application Stormwater Harnett Street Project Description: The proposed storm drainage improvements would include removal and replacement of existing storm drainage pipe, ranging from 15” RCP to 30” RCP, and removal and replacement of storm drainage structures, including catch basins, drop-inlets, storm drainage manholes, and storm drainage headwalls. The proposed storm drainage infrastructure will effectively capture storm runoff, convey stormwater efficiently inside public right-of-way, and increase the level of service of the storm drainage system. In addition, private storm drainage infrastructure would be relocated to the Town Right-of-Way to allow for easier access for future maintenance and inspections. The probable cost of this project is $1.3 million, staff requested full funding for the project. Staff met with Golden Leaf on site on March 19th. They have requested additional information from staff that we are working with business owners in the area to complete. The Golden Leaf Foundation reached out to staff April 4th and explained the Board of Directors took no action on the flood mitigation application. Golden Leaf Staff explained that the project is still eligible for an award and will be brought to the Board at the June Board meeting. They explained the board acted on very few projects at their meeting and that receiving no action is not an indication that the project will not be awarded. North Carolina Emergency Management Transportation Infrastructure Resiliency Grant The Town was awarded a grant from the North Carolina Emergency Management Transportation Infrastructure Resiliency Program for $790,000. Staff issued a Notice of Award to Narron Contracting, Inc. and the project is currently under construction. Staff requested an extension, it was approved and the new completion date is June 30, 2024. Installation of the new storm drainpipe and drop inlet along the roadway is complete. Installation of fencing, curb gutter, sidewalks, and paving will be the next phase of construction. Duncan Street will remain closed. We have expended the construction portion of the Emergency Management Transportation Infrastructure Resiliency Grant and will finish off the project with Flood Resiliency and Powell Bill Funds. Capeton Greenway RFQ Staff is exploring other options and will be negotiating with the engineering firm which was ranked secondly during the RFQ process. Fire Station #3 The Town staff has received their third schematic layout of the Fire Station and are continuing to work closely with Bobbitt. Below is the layout of the interior of the fire station. Staff has requested Bobbitt to provide architectural standards for the facade of the station. ARPA S.L. 2022-74 Appropriated Projects All documentation was submitted to the State to fund the Hwy 210 sewer line expansion and Southern Regional Sanitary Sewer/Poorhouse Creek installation of new sanitary sewer interceptor and regional pump station. The total allocation was $9,250,000. Staff has received the offer and acceptance letter from the Department of Water Infrastructure. a. Hwy 210 Sewer line Project Temple Grading signed the NTP August 14, 2023. Construction has begun and is on- going. Temple has submitted a change order for the project. Staff is still in negotiations regarding the change order but funds are available through ARPA funding through contingencies. b. Poorhouse Creek Myers Engineering has submitted the engineered plans to the state for approval. LASII Grant Staff submitted the LASII grant application October 2, 2023 requesting $500,000 to develop and implement a new stormwater utility to provide a predictable, equitable and ongoing funding source for its stormwater program. The activities that the Town seeks to accomplish with the funding that the utility will provide include: • Increasing the flood resiliency of the transportation system in and through the Town; • Funding stormwater Capital Improvement Projects (CIPs) to address stormwater quantity and quality issues; • Handling critical maintenance needs and operations; and • Meeting planning and implementation needs. Staff has been officially notified of the funding award by the NC Department of Environmental Quality Division. Staff is expecting the funding agreement within the coming weeks. S.L. 2023 Appropriated Funds The Town was appropriated $11,062,500 through Session Law in 2023. Administrative cost for the funds is $331,875.00. Available funds remaining are $10,730,625. There are substantial overruns at the WWTP and the Town’s cost share is $6.2 million. Staff request to use $3,037,556 of SL appropriations towards the overruns from the WWTP project. Additional Proposed projects with remaining funds: 1. Water Tank $4.5 million 2. Downtown utility rehabilitation approximately $3.1 million Staff request direction from the Board to submit the completed request for funding forms to the Division of Water. Following completion of the required documents staff can begin the projects. AGENDA ITEM SUMMARY Date of Meeting: March 11, 2024 Staff Work By: Joseph Jeffries, Town Manager Lisa Young, Assistant Town Manager Alicia L. Adams, Administrative Services Director Lindsey B. Lucas, Town Clerk AGENDA ITEM Discussion of Regular Meeting Agenda ITEM SUMMARY The purpose of this agenda item is to allow the Town Board an opportunity to ask questions regarding the Regular Meeting agenda for April 8, 2024. RECOMMENDED ACTION No Action Required. AGENDA ITEM #7 AGENDA ITEM SUMMARY Date of Meeting: April 9, 2024 Staff Work By: Joseph Jeffries, Town Manager AGENDA ITEM CLOSED SESSION ITEM SUMMARY The purpose of the closed session per NCGS §143-318.11(a)(3)(5)(6) § 143-318.11. Closed sessions. (a) Permitted Purposes. - It is the policy of this State that closed sessions shall be held only when required to permit a public body to act in the public interest as permitted in this section. A public body may hold a closed session and exclude the public only when a closed session is required: (3) To consult with an attorney employed or retained by the public body in order to preserve the attorney‑client privilege between the attorney and the public body, which privilege is hereby acknowledged. General policy matters may not be discussed in a closed session and nothing herein shall be construed to permit a public body to close a meeting that otherwise would be open merely because an attorney employed or retained by the public body is a participant. The public body may consider and give instructions to an attorney concerning the handling or settlement of a claim, judicial action, mediation, arbitration, or administrative procedure. If the public body has approved or considered a settlement, other than a malpractice settlement by or on behalf of a hospital, in closed session, the terms of that settlement shall be reported to the public body and entered into its minutes as soon as possible within a reasonable time after the settlement is concluded. (5)To establish, or to instruct the public body's staff or negotiating agents concerning the position to be taken by or on behalf of the public body in negotiating (i) the price and other material terms of a contract or proposed AGENDA ITEM #8 contract for the acquisition of real property by purchase, option, exchange, or lease; or (ii) the amount of compensation and other material terms of an employment contract or proposed employment contract. (6) To consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or prospective public officer or employee; or to hear or investigate a complaint, charge, or grievance by or against an individual public officer or employee. General personnel policy issues may not be considered in a closed session. A public body may not consider the qualifications, competence, performance, character, fitness, appointment, or removal of a member of the public body or another body and may not consider or fill a vacancy among its own membership except in an open meeting. Final action making an appointment or discharge or removal by a public body having final authority for the appointment or discharge or removal shall be taken in an open meeting. RECOMMENDED ACTION Approve motion to move into closed session discussion.