Town Council 08-16-2022 - Laserfiche WebLink

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177 August 16, 2022 The Mooresville Town Council met in regular session on Tuesday, August 16, 2022, at 6:30pm at the Mooresville Government Center. Council Members present were: President, Tom Warthen and Councilmen Dustin Stanley, Greg Swinney, Jeff Cook and Shane Williams. Attorney, Cam Starnes was also present. Tom Warthen gave the invocation and called the meeting to order. Approval of the minutes from the Aug 2, 2022 meeting — Motion was made by Councilman Cook, second by Councilman Swinney to approve the minutes as written. Motion carried 5-0. Restoration Impact Contract —The demolition project of 1& 3 East Main was started and fencing was put up. The contractor notified the Town that there was a discrepancy with his insurance and the amount the town is requiring. He has been unable to obtain the required amount but is working with a local agent and is making progress. He has not yet said he wants to pull out of the contract. Legal Counsel stated that the contract allowed termination without cause with a 30 -day notice or immediate termination with cause upon the contractor's receipt of a notice to cease services. Their recommendation was to terminate immediately with cause and if the contractor was able to secure the required amount of insurance, a new contract could be signed. President Warthen stated that there is a question of whether the work completed so far had compromised the stability of the building. Legal stated that if the Council declares an emergency due to the building being unstable, the law would allow the Town to solicit two quotes from qualified contractors and even if only one quote was received, if we can show we solicited two, the statutory requirement will be met. Street Superintendent, Dave Moore stated in his best opinion, the safety of the building is compromised. Fire Chief, Matt Dalton stated the collapse zone for the wall is the center of the street. Councilman Cook stated the street needed to be shut down. Dave Moore called the contractor during the meeting and was told he still has not secured the required insurance. Councilman Cook asked if there was any penalty for breach of contract. Counselor Starnes reviewed the contract and stated the Town can seek damages for any costs incurred. The Town will reimburse the contractor for the fence and any work that was completed. A motion to terminate the contract immediately was made by Councilman Stanley, second by Councilman Cook. Motion carried 5-0. A motion to declare an emergency due to the instability of the building was made by Councilman Cook, second by Councilman Swinney. Motion carried 5-0. A motion to allow Dave Moore to get a contract after soliciting two quotes and be the signatory once it is approved by legal was made by Councilman Swinney, second by Councilman Williams. Motion carried 5-0. Public Hearing for Additional Appropriation — President Warthen opened the public hearing for the additional appropriation out of Food and Beverage for $370,000. There were no public comments. A motion to close the public hearing was made by Councilman Stanley, second by Councilman Swinney and carried 5-0. A motion to suspend the rules and consider Ordinance 8-2022 on first reading was made by Councilman Stanley. Motion was second by Councilman Swinney and carried 5-0. A motion to approve Ordinance 8-2022 was made by Councilman Stanley and second by Councilman Cook. Motion carried 5-0. Ordinance 8-2022 contained an incorrect date for the public hearing of 8-2-2022. A motion to accept the correction of the date was made by Councilman Stanley and second by Councilman Swinney. Motion carried 5-0.