THROUGH  CITY OF SALUDA NORTH CAROLINA  MAYOR Fred Baisden CITY MANAGER Steven Orr COMMISSIONERS Mark Oxtoby Paul C. Marion Stan Walker Melanie Talbot  SALUDA,N.C.  EQNA8  Regular Schedule City of Saluda Board of Commissioners Meeting  7:00 PM-9:00PM Monday November gth 2021  Board of Commissioners Saluda Library Chambers Room  1  Call to Order  Fred Baisden  Mayor Baisden called meeting to order at 7:00pm November gth, 2021  For Information  2  Invocation  Fred Baisden  A moment of silence was observed  For Information  3  Pledge of Allegiance  Fred Baisden    A pledge of allegiance was recited.  Pledge Allegiance to thet flag of the United States of America and to the Republic forv which it stands, one Nation under God,  indivisible, with liberty and justice for all.    Forl Information  4  Roll Call  Fred Baisden  Attendance was taken, andt those present werel Mayor Fred Baisden, Commissioner Melanie Talbot, Commissioner Stan Walker, Commissioner Paul Marion, Commissioner Mark Oxtoby, City Attorney Jana Berg, City Manager Steven Orr, Assistant City Manager & Finance Officer Julie Osteen, Police Chief Charles Conner, and City Clerk Pamela Waters.  For Information  5  Agenda Additions and Deletions  Fred Baisden  Additions 1. One. Added 1.N/AModi@-ations 1.N/A  Commissioner Talbot added ani item as #21 in New Business asa workshop for January5 5/h2022 at 5:30pm Att theSaluda Public Libraryto discuss thel Noise Ordinance. Current Item #21 willk become #22 Closed Session, and! Item#23 would! become Adjourn.  Commissioner Walker Made Amotiont to approve the agenda as presented. Commissioner Marion seconded, and  all were in favor.  6  Approval or Correction of Minutes  Fred Baisden  Commissioner Oxtoby made a motion to approve the minutes as presented. Commissioner Waiker  seconded, and all were in favor. For Decision    7  Consent Agenda  Fred Baisden  Commissioner Walker made a motion to approve the Consent Agenda as presented. Commissioner  Marion Seconded, and all werei in favor.  For Decision  8  Public Comment  Fred Baisden  David Daughtery- 345 Seminary St Saluda spoke on a change to the Noise Ordinance in section 2 Its shall be unlawful for anyone to create or cause a sound that exceeds 60 dB(A) affecting any occupied residential structure or unit other than the unit occupied by the person creating the sound  Sec. 21.3. Sounds impacting residential life. That was changed to this in the third draft Sec. 21.3. Sounds impacting residential life. occupied by the person creating the sound. He asked to reconsider this change.  Itshall be unlawful for anyone located within a Residential district as herein defined to create or cause a sound that exceeds 75 dB(A) affecting any occupied residential structure or unit other than the unit  Joe Capozzi- - 26 Church St Saluda spoke on the Noise Ordinance  Mr Capozzi Spoke about how he would like to have music for people to enjoy and hoped the city would come up with something that would be a nice balance for all. He stated that he would do whatever the city  came up with.  James Hrynyshyn - 411 Pine St Saluda spoke on the Noise Ordinance  Mr Hrynyshyn sent in an email (See in the public hearing section) and just touched on what was said in his email.mr Hrynyshyn spoke on doing away' with the decibel levels and make it where there is no outdoor amplification of music maybe set al limit to how many events a year to where it could use amplification, het thought a good number would bet four. Hei thinks that having a sound test is a waste of  taxpayers money and time.    Jonil Rauschenbach - 187 Greenville St Saluda spoke on the Noise Ordinance  Miss, Rauschenbach: sent in an email (See in the public hearing section) and justt touched on what was said in her email. She spoke on the construction noise and how early they start even on weekend. Would like for them to at least start later on the weekend. She also spoke on the noise ordinance about how she was in her home and the wall started vibrating because of the music coming from the new event center the "Saluda Inn" went on for 3 or 4 hours and made her home very unpleasant to bei in. Agreed with James about the unamplified music allowed outside. Topography does make a difference on what you hear it's where you live. She has questions about special permits, and what is the Greenville St Neighborhood district: zoning on Greenville and Louisiana Ave what's going to happen with that? Miss, Casey lives outside city limits but volunteers for Saluda Arts Festivals and Top Of The Grade Concerts with the proposed ordinance it could jeopardize both events in definitions section its says Residential district shall mean any area within thei following zoning designations: R1 Single Family Residential, R2-N Multifamily Residential, R3 - Multi Family and Clustered Single Family Residential, Sec. 21.0. Noise measurement. (2) All measurements for properties located within Residential districts as herein defined shall not exceed 75 dB(A) as measured at the property line oft the property from which  Lynn Casey - 178 Nolte Way Saluda spoke on the Noise Ordinance  GSN- - Greenville Street Neighborhood District. Which includes McCreery Park.  the noise complained of ise emanating.  The sound measurement shall be averaged over a period of five minutes for purposes of determining the sound level (the' measurement period"). It shall be a violation oft this Ordinance for the averaged sound measurement to exceed the prescribed dB(A), or for any sound or noise to exceed the prescribed dB(A) Sec. 21.5. Amplified sound. Except in accordance with a Special Event Permit obtained from the city, the (1) Places of public enterainmentPubicy owned spaces. As to places of public entertainment and publicly owned spaces, including, but not limited to, restaurants, taverns and bars, coffeehouses, private clubs public parks and other publicly owned spaces, to operate or allow the operation of any sound amplification equipment so as to create sounds registering more than 85 dB(A) as measured at 100 feet and shall not exceed 72 dB(A) as measured at 200 feet from the source oft the source of the amplified sound on the property from which the noise complained of is emanating or to operate or allow the She says that section 2.1.0(2) contradictory to section 2.1.5. she thinks that Greenville St neighborhood district should be under commercial to be able to continue to have concerts in McCreery Park. Sec. 21.5. Amplified sound. Excepti in accordance with a Special Event Permit obtained from the city, the following Since special permits have been removed from the purposed Noise Ordinance sO what discretion would Its shall be unlawful for anyone located within al Residential district as herein defined to create or causea sound that exceeds 75 dB(A) affecting any occupied residential structure or unit other than the unit  level by ten or more decibels at any time during the measurement period.  following shall be unlawful:  operation of any sound amplification equipment after 10:00 p.m..  shall be unlawful:  the city have in approving noise request in any special event permits.  Sec. 21.3. Sounds impacting residential life. occupied by the person creating the sound.    She says 2.1.3 Sounds impacting residential life is contradictory to two other sections in the purposed Noise Ordinance should start with except as provided in section 2.1.1 and section 2.1.5  Will Howle - 312 smith St also represents 355 Ivy Terrace  Wanted to thank the board for doing this. Unfortunately, the way iti is written nowi is problematic commercial 85db at 100 periodic/ /standing) VS continual sound, The way iti is written nowy you are allowing acommercial to be disbursed through a residential neighborhood. They can't enjoy their home that they have had for 31 years. Al leaf blower is 68-75db at 50ft. please look at periodic VS continual.  Jan Daugherty 345 Seminary St Saluda  We suffer when they play outdoor amplified music. She agrees with James Hrynyshyn about no amplified outdoor music except with a special permit. They have had their home for 24 years and now can't enjoy it. Do we want to be Saluda where can enjoy their homes, summer homes, families, shopping, or restaurants or do we want to be Gatlinburg? It's important to consider what we want to be as at town do,  we want to be Gatlinburg Idon'tlwant to enjoy my home. Ellen Rogers - 539 Salisbury Ave Saluda  Miss, Rogers would also like to participate in the public hearing discussion. She wanted to thank the two officers that worked the Hincapie race, said Sgt. Rickman and Officer price did ai fantastic job. She didn't know where officer Price came from but was glad Saluda has him. That from day one he waves as he passes by that is what Saluda is about. It's nice tol have Officers that are professional and are friendly not that the previous one were not.. Outside funding for parks and such hopes that all the wealth of information the wealth of knowledge and experience when going through the application process going through outside sources would help fund the acer plots in downtown are being called upon.  For Information  9  Public Hearing for Amendments to City of Saluda Noise Ordinance  Fred Baisden  3rd revision to the Noise Ordinance.  Sound test to be conducted in McCreery Park by Tyler Walters  Commissioner Marion made a motion to opent the public hearings section of the meeting CommissionerTabot  seconded all were int favor.    Attorney. Janal Berg read the Emails that were: sent in. See attachment below  1.Joni Rauschenbach 2. Martin Anderson 3. James Hrynyshyn 4. Jenny Hane 5.Julian Wiles 6.Michael Flynn  7. Brian Gulden witht the Van' Winkle Law Firm  Ellen Rogers shei is glad the process isl happening there's been al lot of information input hope that it comes upwith an She agrees with. James Hrynyshyn that! having a sound test is a waste of taxpayers money and time. Thet taxpayers are carrying the brunt fort the people that are visiting the town. 20 years ago, when discussing howt to move forward with! building ordinances the commissioners put ar moratorium on building' Wonderingif therei is at temporary moratorium that could bey put into effect to only allow acoustic outside and see howi it goes. This would allow the visitors to enjoyl live music and homeowners to enjoyt thec outside space. Mayor Baisden said they are not rushing into any decisions Miss Rogers, but do wel havei tos suffer while it'sf figured out. The business iss saying! buty you are restricting our  output.  business potential, but they are restricting our quality ofl life.  John Morgan here are! 51 music venues when he moved here, hel lives as closet to some oft them as anyone. Thinks therei is al better compromise let it go ona a couple nightsa week cut off at 10 or1 11pmt there use to be atrain that wentt through at all hours of the day andi night youl lovedi itl llove ther music. Your wanti itt to be quite that's not what imoved heref for.  For Discussion D 1  10 Public Hearing for the City of Saluda 2040 Comprehensive Land Use Plan  Steven Orr  Explanation oft the Methodology and importance of the Document  City Manager Orr spoke on the 2040 comprehensive land us plan saying the planning board has been working on this for quite some time. That back in 2019 the NCI legislator decided that communities meaning incorporated communities and counties needed to go under the same general statue 106A and 153A one for counties one for municipalities into 160B this plan has to be approved by. July 1s1,2 2022. He went over the vision, core values, purpose and scope, Affordable Housing, beautification of thei interstate Basin Overlay at ozone maybe with help of Gold leaf, Developing sustainable storm water infrastructure,  Growth patterns for the next 15t to 20 years and McCreery Park.  James Hrynyshyn another good reason to have lots of words is because whenever the planning board makes a recommendation for a zoning change or something else, we can refer to the comprehensive plane and say here is the section of why our decision makes sense the more flowering language, more descriptive passages the more flexibility we have.    Ellen Rogers thinks it reads well that it's a great continuation to the comprehensive plan that is to expire in two years. Glad that McCreery park is placed permanently. Loves to have a foundation that fell away a few years ago the Saluda parks committee. We used to have a yearly event in McCreery  park maybe next year we can do something like that.  For Information  11 Outside Resources and Funds  Steven Orr  Apply for al Beautification Grant from the Polk County Appearance Commission to move the  Metal Saluda sign on Hwy 1761 to Ozone and Howard Gap Rd  Nonet to report  For Information  12 Budget and Financial Report  Julie Osteen  Assistant City Manager & Finance Officer Julie Osteen gave the Budget and Financial Report.  Assistant City Manager & Finance Officer. Julie Osteen said Polk County over paid last year and some this  year, SO we are remitting back to Polk County the sum of $15819.00  We will have a special called meeting on November 29th, 2021, at! 5:30pm to approve the audit report. Assistant City Manager & Finance Officer. Julie Osteen went over the employee Christmas Bonus to get  approval.    Budget presentation summary for November 8, 2021  Auditors are finalizing the draft of the statements for my review. We will need a special called meeting on either Monday, November 22 or Tuesday November 23 or the 29th (at the latest) to approve the audit  report so1 that Ican submit the approved audit to USDA by November 30th.  Polk County has confirmed that they in fact did overpay the City of Saluda $12,627.20." The auditors are accruing this as part oft the year-end audit since it relates toi the 2020-2021 year. Do the way that the County reported the RMV, we could not tell until the audit that the County had remitted too much information. When/questioned it, however, IV was assured that the city wasi incorrect, and the County could not have overpaid us. However, my analysis appeared to be correct, and we were in fact overpaid. An additional $3,191.40 was paid ine errori for 2021-2022 thus requiringar repayment of  $15,819.10in1 total for both 2020-2021 and 2021-2022.  General Fund:  86% oft budgeted Property Taxes were collected of $656,579.  $45,747 of Garbage Collection received fori first 4 months of 2021-2022 = which reflects the change in  the garbage rate for September.  Total revenues received to date $758,236 which represents 60% of budgeted revenues  Administration:  Maintenance expenditures total $3,819 which includes $1,124 for replacement cameras in City! Hall and  $395 in replacement light fixtures in City Hall fori faulty lights.  Keepi in mind, that the City pre-pays workers compensation and property liability premiums at the  beginning of the year.  Totale expenditures were $121,121 which represents 27% of the budget.  Police:    $5,250 ofr maintenance expenditures were repairs to the 2010 Dodge Charger (alternatora and coolant  check) and 2014 Ford Explorer (Steering wheel repairs)  Totalexpenditures were $116,559 which represents 33% oft the budget. 4 payments have been made to the Saluda Fire Department.  Fire:  Transportation:  Maintenance expenditures of $13,848 include summer mowing for. July and August plus $2,651 for Park Street culvert repairs, $440 on Curbing for Crescent Street, $350 on Greenville Street maintenance, tree  removals on Shand Street of $1,600.  Total expenditures were! $18,848 which represents! 11% oft the budget. 4 payments have beenr made to the GFL for garbage collection.  Sanitation:  Cultural & recreation:  $8,184 was spent at McCreery Park fori new mulching at Park, pruning trees and new service cleaning at Bathrooms, new corner blocks for Handicap Barrier of $1,000 with labor and $1,500 in LED lights for the  Pavilion.  Library maintenance total $6,010 includes the $4,000 annual elevator inspection. Total expenditures were $19,814 which represents 27% oft the budget.  Debt Service:  4 payments have been made to the First Citizens for City Halli mortgage.  Anticipated: surplus due tot the pre-payment of Polk County Property Taxes as of October 31 is $384,110.  Water Fund:  As required by USDA, I'have begun trying to separate these as we go. There are some items that will be  allocated 50/50 annually - penalties, user fees, etc.    Total water revenues of $454,883 which includes $111,066 in American Rescue Plan Funds. One area to continue to note of concern: Water Purchases are at $74,389 which is 53% of our budget for water. Rates came down slightly from September, but there are still significant issues water leaks $23,475 has been paid on the AIA grant. We have received reimbursement from NCDEQ on these costs Anticipated surplus for water is $137,094 but if we exclude the ARP funds since we do not have final  that PW is working on. of$ $21,225.  guidance on how these funds can be spent yet-anticipated surplus is $26,028.  Sewer Funds: fees to date. of $21,225.  Total sewer revenues of $105,069 which does noti include any allocated revenues for penalties or user $23,475 has been paid on the AIA grant. We have received reimbursement from NCDEQ on these costs  Anticipated surplus for sewer is $22,508.  Budget Amendments: Presented  Commissioner Oxtoby made a motion to approve the employee Christmas bonus as presentedcommisioner  Walker seconded all ini favor.  Commissioner Oxtoby made ar motion to approve the budget as presented commissioner Walkerseconded alli in  favor.  For Information  13 Public Safety Report  Charles Conner  Police Chief Conner gave the monthly report for the police department.  See Attachments  For Information    14 Motion to Amend Police Department Body Camera  Fred Baisden  Policy on Releasing Images. Fred Baisden  Modify Body Camera Policy to reflect North Carolina G.S. 132-1.4a James Hrynyshyn wants English changed that is dramatically incorrect' "unless it" needs to come out. Commissioners approve upon this being done. Attorney Berg to make changes tot this policy.  Commissioner Oxtoby made a motion to approve the amendments to the body cameras as presented.  Commissioner Walker Seconded, and all were in favor.  For Decision  15 Zoning and Planning Department Report  Steven Orr  Mobile Food' Vendor Permitted Districts Text Amendment with guidelines.  City Manager Steven Orr said there willl be a Resolution to Schedule al Public Hearing foran Amendment tothe Mobile Food Vendor Permitted Use Districts att the Regular Schedule Board of Commissioners Meeting December  13th, 2021, later int the meeting, the Planning board vacancy willl be advertising it.  For Information  16 Administration Department Report  Steven Orr  Public' Works- R-O-W trimming/clearing- still areas to complete and work with property owners. City Manager Steven Orr went over the trimming and clearing work thatl had been done for thei most part. most residents werei incompliance. Wev willl be sending out aj post card reminding residents that they willl have to Polk county radio upgrades there Is an issue with a channel iti is an FCC: problem notl Kimbell's or the county. Therei is a back order on some oft the equipment. Kimbell'si is working with thel FCC to get it fixed. The charging station should be up and running in December. Maybe as soon as December 13th.  clear their own leaves and debris not to put on thes streets.    For Information Old Business  D  17 Resolution to Adopt the City of Saluda 2040 Comprehensive Land Use Plan  Fred Baisden  City Manager Steven Orr read the Resolution. Commissioners approve with understanding that the  typos bei fixed.  Commissioner Walker made a motion to approve the Resolution to adopt the City of Saluda 2040 Comprehensive land use plan as presented. Commissioner Talbot Seconded, and all were in favor.  For Information  18 SDF Report October 31s, 2021.  Julie Osteen  The Visitor center has had 16,055 visitors in the visitor's center from when they opened in 2020 until  19 Resolution to Schedule al Public Hearing for an Amendment to the  Fred Baisden  Mobile Food' Vendor Permitted Use Districts at the Regular Schedule Board of Commissioners Meeting  December 13th, 2021  -Public Hearing for Amendments to Mobile Food' Vendor Permitted Use Districts at the December13th,  2021,7:00 pm Saluda Public Library, 2nd Floor Meeting Room. Planning oardrecommendtation with Conditions.  City Manager Steven Orr read the Resolution we will advertise this.    Commissioner Oxtoby made a motion to approve the Public Hearing December 13+, 2021, for the City utsaltudzAmendment tothe Mobite Food Vendor Permitted as presented. Commistonerwalker  Seconded, and all were in favor.  See attachment  For Decision  20-Resolution to Enforce Non-Residential Building  Fred Baisden  and Abandoned Structure  Ordinance Administrative Order on Parcel S1-C?  918 Louisiana Ave- John Pace Owner of Record  City Manager Steven Orr read the Resolution. City Manager Steven Orr went over cost oft the clearing it Commissioner Oxtoby made a motion to approve the Resolution to adopt the Resolution to Enforce! Non- Residential Building and Abandoned: Structure Ordinance Administration Order on Parcel S1-C?as presented.  would cost anywhere from $6,000.00 to $8,000.00  Commissioner Walker Seconded, and all were int favor.  See. Attachments For Decision  21-N New Business workshop for. Jan. 5th 2021to discuss the noise ordinance Commissioner Talbot made a motion to approve as special workshop on January 5th, 2021,to discuss the noise ordinance commissioner Walker seconded all were in favor. Mayor Fred Baisden wanted to thank our veterans fort their service, also there will be an event Thursday at 3:30 to honor the veterans. Mayor Baisden wanted to thank Red Solscher on putting up a new bell  Post.    22- Closed Session  Fred Baisden  Resolution for Closed session Attorney/Client Discussion Personnel Matter.  City Manager Steven Orr read the Resolution to enter closed session. Entered closed. session at 8:59pm Commissioner Oxtoby made a motion to enter closed session commissioner Walker seconded all  on 11-08-2021 were in favor.  23-A Adjourn Baisden  Fred  With no further business to discuss, Commissioner Oxtoby made a motionto adjournthe meeting Commissioner Marion seconded and all were in favor.  Adjourned at 10:05pm November gth  2021For Decision  Respectfully: submitted by Pam Waters, City Clerk, Adopted this 13th Day Of December 2021  Clbisk Fred Baisden, Mayor  Pam Waters, City Clerk  SALUD Ca2a SEAL  15Page  R