TOWNI MANAGER Ken Deal TOWN CLERK Pamelal Mills TOWN ATTORNEY Tom Brooke MAYOR Charles Seaford TOWN COUNCIL Don Bringle Arthur Heggins Rodney Phillips Cheryl Sheets Steve Stroud TOWN OF CHINA GROVE Regular Meeting of the China Grove' Town Council Tuesday, May 2nd, 2023 6:00 p.m. 6:00 p.m. China Grove' Town Hall China Grove, North Carolina CALLTOORDER I) Pledge of Allegiance II) Roll Call III) Adopt the Agenda IV) Approval of the Consent Agenda Mayor Seaford a) Approve Minutes from March 29t, 2023 special meeting b) Approve Minutes from April 4+, 2023 regular meeting c) Adopt Ordinance 2023-04 May Cruise In 6:05 p.m. 6:10 p.m. 6:25 p.m. CITIZEN COMMENT PUBLIC. HEARING I) NEW BUSINESS I) Franklin Gover Franklin Gover 2022-TA-04; Wall Signs Set Public Hearing for FY 23-24 Budget Rural Transformation Grant Fund III) Approve SCM Bond for. JJ Kane II) Adopt Resolution in Support of Application for NC Department of Commerce IV) Set Public Hearing to Consider Incentive Agreement Amendment for Macy's V) Adopt Resolution Authorizing the Upset Bid Process and Sale of911 South Main Street OLD BUSINESS OTHER BUSINESS COUNCILUPDATES CLOSED SESSION I) ADJOURN 6:45 p.m. 6:50 p.m. 6:55 p.m. 7:00 p.m. 7:15 p.m. Economic Development-General Statue 143-318.11.(a)(4) 333NN Main Street. China Grove, NC: 28023 I Phone (704)857-2466 I Fax (704)855-1855 "In accordance with Federa! lunr und U.S. Department of Agriculture policy. this instittion is! prohibited) from discriminating on the busis of ruce. color, national origin, age. disability, religion, sex.) familial stIus, sexal onentation, and reprisal. (Not all prohibited bases apply to all progrums)." TOWNMANAGER Ken Deal TOWN CLERK Pamela Mills TOWNATTORNEY Tom Brooke MAYOR Charles Seaford TOWN COUNCIL Don Bringle Arthur Heggins Rodney Phillips Cheryl Sheets Steve Stroud TOWN OF CHINA GROVE A special meeting of the China Grove Town Council Wednesday March 29, 2023 4:00p.m. OPENING REMARKS There was a quorum. China Grove Town Hall China Grove, North Carolina Mayor Pro-Tem Heggins called the special meeting of May 4, 2021 to order and called roll. All council members were present with the exception of Mayor Seaford. Mr. Bringle was virtually present via zoom. The meeting started at 4:00 pm at the Town Hall. FY23-24 BUDGET REVIEW Mr. Deal stated the town has never been in a growth situation as we are and the final projects are not in yet. He stated Mrs. Nichols has worked hard putting together a preliminary budget without these projects. He stated the Department Directors have put together essentials and projections of where their department will be in the next five to ten years. Mrs. Nichols stated she is going over where the revenues are and go over what funds we have currently. She stated she gave everyone at tax rate comparison sheet and stated it isg good to know where everyone stands in the county. She stated the town needs to have a strong Fund Balance in order to have cash flow, avoid short-term borrowing, reserve for emergencies, helps protect credit rating and avoids LGC warnings. She stated the town has a General Fund, Powell Bill Fund and a Capital Reserve Fund. She stated the General Fund holds all of the operation and reserve, Powell Bill Fund is money the town receives from the State and is spent on street improvements, Capital Reserve Fund is not currently being used but is set up. She stated there are several different revenues that towns have. She stated Ad-Valorem tax (property tax) is the revenue the town has control over and makes up 38% or our revenue. She stated with the preliminary numbers out, one penny for us is around $46,000. She stated on a $200,000 home, a one cent increase in taxes would be $20.00 for the town. She stated Motor Vehicle tax makes up 4% of our revenue. She stated the sales tax we get is based on people spending in Rowan County. She stated other revenues are utility sales, beer and wine tax, solid waste disposal, and ABC Local. She stated the town does not have control over these taxes. She stated we do not have projections for all oft these numbers yet. She stated it looks like we will have them by the second week of April. She stated what is included in the preliminary FY 23-24 budget is all the Department request. She stated right now the budget is a moving target and has changed since the first emailed draft. She stated each Department Directors are going to present their request. She stated this draft also includes a7 7% COLA and 3% merit. She stated this amount is being seen across the state. She stated we have been looking at a salary study and found that there are several positions that are below the NCLM standards. She stated these positions are int the Fire Department and the Assistant Town Manager. PUBLIC WORKS 16JPage. Minute Book 8 Mr. Ketner stated his budget is almost identical to last years with a decrease in vehicle maintenance due to having newer vehicles. He stated he is requesting a new dump truck and a yearly griding contract for Mr. Stroud asked where we are with getting the property set up and ready for use. Mr. Ketner stated we are have received quotes for clearing and a meeting set up with Rowan County on the regulations we are Mrs. Sheets asked if people need an item picked up, do they call and put in ai request. Mr. Ketner stated at this time we run the town and pick up what we see out. Mrs. Sheets asked how much is spent in fuel and man power riding the town and looking VS using a workorder request. Mr. Ketner stated a workorder system is a good solution but a problem with the workorder system is we ride out to the residents that called in and pick up the item and then get back to the shop with more call ins. He stated we are then going out and back to the shop multiple times. Mrs. Sheets stated we need to go up on taxes or work smarter. She stated if the resident paid a fee for the workorder this could be a cost saving. Mr. Ketner stated we work on a schedule and pick up curbside items on Monday, brush on Tuesday, non-grindable on Wednesday, and appliances on Thursday. He stated other towns do a quarterly clean up and on a weekly basis if you have an item to be picked up, they pay the fee for that one item and it is picked up. Mrs. Sheets asked if there are any figures of what it cost to pick up curbside for the year. Mr. Ketner stated we do not have figures for this year. Mrs. Nichols stated this would need to be a policy change and would take time to implementation. Mr. Gover stated from July to December of 2021 the town paid $14,000 in disposal cost for over 100 tons of curbside. Mr. Bringle asked if Mrs. Nichols, Mr. Ketner and Mr. Deal can get together and work on aj plan. Mr. Phillips asked if the dump truck cost $80,000. Mr. Ketner stated the dump truck is around $80,000 and there is $40,000 for contractual agreement for the grinding yard. Mrs. Sellers stated there are no big changes to the Parks and Recreation budget. She stated there are addition expenses added to the Farmers Day budget due to adding the evening portion back and having the Old Fashion evening. She stated she is requesting $5,000 for programing. She stated programing çan be a wide variety of services for the community to participate in. She stated it can be fitness classes, CPR classes, or youth art classes. She stated the Community Building is not being utilized Monday thru Thursday. She stated these programs would be overseen by Town staff but could be a mixture of Town staff and Contractors. She stated contractors could be a yoga teacher or fitness instructor. She stated a Mr. Phillips asked what was removed from capital that cost $17,000. Mrs. Sellers stated that was the flag Mr. Phillips asked if $17,000 was left in the budget what would she spend it on. Mrs. Sellers stated at April Town Council she is asking if the Council would support al PARTF grant application and al lot of the capital money could go towards that. She stated she would save the money and wait to spend it in al bigger Mrs. Sheets asked if any downtown business sponsors an event would that show in revenue. Mrs. Sellers stated a majority of the revenue comes from sponsorships. Mrs. Nichols stated there is revenue for it but Mr. Bringle stated we are not showing the match for the PARTF grant in capital. He stated when the Council supports submitting that application, we are committing that amount of money towards that the soon to be new brush yard. required to meet. PARKS AND RECREATION break down for cost recovery is included in the handout she gave Town Council. poles purchased for the veteran memorial site. way. we don'thave all the projections in at the moment and the budget will change. project. 17/Page. Minute Book 8 PLANNING AND ZONING Mr. Gover stated last year we permitted 78 new houses, 16 infill lots, 263 total permits, 3 new subdivisions, and annexed 308 açres. He stated sO far this year we have annexed 16 acres and issued permits for 6 new houses. He stated they continue to be proactive with Code Enforcement. He stated they have been extremely successful in recouping all of our liens. He stated our population projections are 9,748 - 10,231 in the next 2-5 years based on buildout. He stated the current population based on residential units approved since the Census is 4,700. He stated some major achievements this year is adopting the Main Street Plan, the online permit portal is active and allows credit card payments, staff can take online nuisance complaints and have conversations back and forth with who submitted the report. He stated we have the ability to take online workorders. He stated future goals are the NÇ Hwy 152 Study, streamline all applications, focus on Downtown, and complete a Future Land Use Plan. He stated he is requesting a small 4x4 pickup truck, HP scanner plotter, sight pole cam for culvert inspections, and MPO funded NC 152 Study. He stated there is an increase in contracts due to the nuisance trees on Town Mr. Bringle asked if the contract services could be a lien on a property for the tree removal. Mr. Gover property that need removal, and an increase in technical support. stated the trees are on Town owned property. POLICE DEPARTMENT Chief Deal stated his budget is around the same as last year. He stated the riffles have been removed due to purchasing them in this year's budget. He stated they have 13 full time officers with an average experience per officer of 13 years. He stated the majority of his budget is inj personnel with an operating budget of 14.2%. He stated with the population expected to double in the next five to ten years there is a need for more officers. He stated they are still on the seven-year replacement program with vehicles and are requesting two new police vehicles. He stated he will have some surplus vehicles to recoup some of the cost. He stated they are requesting one Community Engagement Position that would work special projects, work traffic accidents, investigate traffic and speed complaints, and supervise SRO officers. He stated they are requesting to reclassify the Lieutenant potion to Captain. He stated this would bring the grade to a 19 from a 17 and would be a 5% increase. He stated this would help with wage compression in the current grade with Sergeants. He stated he has recently gained an Advance Degree in Criminal Justice. He stated in five to eight years the department will need an additional Detective, an additional Community Officer, 3 additional Patrol Officers, additional K-9 Officer, and an Office Assistant. Mr. Bringle asked if the Community Engagement Position is granted will the two vehicles requested be enough or will an additional vehicle be needed. Chief Deal stated the two vehicles will be sufficient. Chief Zimmerman stated he is requesting 3 full time Fire Fighters again this year. He stated calls have been increasing. He stated the department is way under staffed for full time positions. He stated they have two full time Fire Fighters on staff and one part time that works from 8:00 - 5:00. He stated part time personnel has been hard to schedule due to these part time personnel working at other fire station in the area. He stated the departments overtime has increase due to full time personnel working extra hours to fill the gap when someone is out or not being able to find a part time person to take the shift. He stated in the next five to ten years we will need nine more Fire Fighters. He stated some other request he has are an Air Replenishment System, Nozzles, 5 additional Mobile Radios, UTV for town events, and $10,000 to replace the garage doors on the building behind the Fire Department. He stated hei is requesting to replace Mrs. Sheets asked if the Public Works gator could be used by the Fire Department at town events. Chief FIRE DEPARTMENT the 2008 truck that is used on medical calls and brush fires in Capitol. Zimmerman stated they use the one gator they have at the town events. 18Page. Minute Book 8 DISCUSSION Mr. Stroud stated we only get projections of what sales tax and fuel tax will be. He stated Mrs. Nichols puts a little extra in the budget to cover the projections in order to operate. He stated by his calculations by adding the three positions and equipment for the Fire Department would be 7 cents on tax rate. He stated by adding the one position, reclassification and equipment for the Police Department would be 9 cents. He stated the town is looking at a lot more going out than coming in and we cannot keep pushing Mrs. Nichols stated the culture for employees in the public sector is they don'ttry to spend itj just because iti is there. She stated they know at the end of the year that the town keeps the money and it goes into Fund Balance. She stated the property tax that we have is an increase of $700,000 in revenue. She stated what we don't have is the state revenues. She stated with all the department'sr request, the towns deficient Mr. Bringle asked when the state projections will be in. Mrs. Nichols stated in the next two weeks. She stated the week of the 17"h we should have al better idea of what the revenues would look like. Mr. Gover stated Macy's had $36 million as of January I in in taxable revenue. He stated we had a $20 Mr. Stroud made a motion to adjourn. Mr. Phillips seconded the motion, which carried unanimously. things down the road. is$ $590,000 with the revaluation and keeping the tax rate the same. million loss of personal property when Hitachi closed. ADJOURNMENT Respectfully Submitted, Pamela L. Mills, CMC Town Clerk Charles Seaford Mayor 19Page. Minute Book 8 TOWNI MANAGER Ken! Deal TOWN CLERK Pamela Mills TOWN ATTORNEY Tom Brooke CI MAYOR Charles Seaford TOWN COUNCIL Don Bringle Arthur Heggins Rodney Phillips Chery! Sheets Steve Stroud TOWN OF CHINA GROVE A regular meeting of the China Grove Town Council Tuesday, - April 4, 2023 6:00p.m. CALLTOORDER was ac quorum. agenda. Consent Agenda items: China Grove Town Hall China Grove. North Carolina Mayor Pro-Tem Heggins called the regular meeting of April 4, 2023 to order. He led us in thel Pledge of Allegiance. Mayor Pro-Tem Heggins called roll. All council members were present with the exception of Mayor Seaford. There Mr. Stroud amended the agenda to add Surplus of 911 South Main Street tol New Business. Mr. Bringle amended the agenda to add discussion of Town Manager position to New Business. Mr. Phillips made a motion to adopt the Mr. Stroud seconded the motion, which carried unanimously. a)Approve Minutes from March 7th & 9th, 2023 regular meeting b)Approve Contract with Roller Mill c)Adopt Ordinance 2023-03 April Cruise In Mr. Bringle made a motion to approve the consent agenda as presented. Mr. Phillips seconded the motion, which carried unanimously. CITIZENS COMMENT Kimberly Rose -5 512 Westside Circle She thanked the town for placing new street signs upi in the community. She asked where the town is on getting curb and gutter and road improvements on Westside Circle. She stated there are several pot holes on Westside Circle, Harry Street and Kirk Street. She asked if the town will demolish the abandoned house on Westside Circle. He stated he came in earlier this week to obtain a sign permit to paint a mural on the other side of his building for Meadows. He stated he was told it was not permitted. He stated last year he was meet with the same resistance due to the lettering. He stated in September 2021 he was told changes to the ordinance would be coming. He stated nine months later the ordinance had not been changed and he was in violation. He stated ten months later the ordinance is still not changed which puts the second mural in violation. He stated in nine months his business brought 60,000 plus people to town' but thet town has not fixed the ordinance as promised. He stated the Council should stand behind Jason Overcash - 2111 NI Main Street their word and fix the ordinance. PUBLIC HEARING I) Reschedule Annexation Hearings to March 7"h, 2023 a) 2022-ANX-04-IDL b) 2022-ANX-07 - Fortius 20]Pagc. Minute Book 8 Mr. Gover stated he spoke with a representative with IDI and Fortius and based on the traffic analysis they are requesting more time. He stated they need to update their construction schedule, cost estimates and attempt to collaborate with each other and NCDOT. He stated he recommends suspending review of 2022-ANX-04 and 2022- Mr. Bringle made a motion to suspend the Annexation Hearing for 2022-ANX-04 and 2022-ANX-07 until further ANX-07 until they are ready. notice. Mr. Stroud seconded the motion, which carried unanimously. NEW: BUSINESS I) PARTF Grant Application Process Mrs. Sellers presented the 2023 PARTF Grant Application for the Community Memorial Park. She: stated as early as 1945 a group of citizens felt the need for a Community Building and the Park tol be established in China Grove. She stated this group stated that organized recreation and social activities would be good for the youth and senior citizens. She stated in 2019 China Grove began the process of developing a master plan for the park. She stated the master plan was approved in 2021. Mr. Gover stated 2019 the town contracted with Benesch to develop the master site plan. He stated there was a public input process that included workshop for citizens to state what they would like to see. He stated the grant is a dollar-for-dollar grant. Mrs. Sellers stated the town submitted a draft application to our regional consultant and meet with two consultants at the park to look at the site and discuss changes. She stated ifapproved final submission is due May 19. She stated award notifications come in the fall with the design process starting in 2024. She stated there is a three year period of implementation of the project. Mr. Gover stated they see the master site plan in three phases. He stated the bioswale natural phase on the northeast of the map. He stated phase II includes the multipurpose field, shelters, seating, trellis, dumpster enclosure and setting up utilities on site for the shelters and veteran wall. He stated phase III would be the playground phase. He stated our cost would be $303,000 for the local match for this option. He stated option two pulls out a couple of the shelters, reduces the landscaping, and removes trellis. Mrs. Sellers stated a public input meeting is scheduled for April 12" at the Community Building. She stated they have a meeting scheduled with the regional consultant on April 18h to review any questions. She stated also on the agenda is approving a contract with Benesch to update the cost for current times. She stated they hope to add some of the master plan improvements to the Capital Improvement Plan. She stated they received feedback from the consultant that ifi included in our vision for the CIP the application would have more support. Mr. Gover stated they are looking at Council to adopt a resolution to endorse the application for the maximum of $607,000and approve ac contract not to exceed $2,500 with Benesch to update the cost. Mrs. Sheets stated she has researched and found you can get a matching grant to cover this grant. She stated she is all for going for thet total $607,000. She thanked Mrs. Sellers and Mr. Gover for putting the: application together. Mr. Bringle asked if the $2,500 isi in addition to the contract we have with them already. Mrs. Sellers stated we have Mr. Stroud made a motion to adopt the Resolution endorsing the application for 2023 PARTF Grant. Mrs. Sheets Mr. Stroud made a motion to approve the contract with Benesch. Mr. Phillips seconded the motion, which carried Mrs. Sheets asked about the clearing of the 2 acres to establish brush lay down yard. Mr. Deal stated due to the town buying thel Knuckle Boom truck we now need al location tol hold all the brush before grinding it. Mr. Stroud made a motion to adopt the Budget Ordinance Amendment. Mr. Phillips seconded the motion, which Mr. Gover stated he recommends submitting for P7.0 the US 29 Hwy Cross-section conversion, round-a-bout at NÇ already paid them for the master plan, thisi is for them to update the cost. a) Adopt Resolution Endorsing Application for 2023 PARTF Grant seçonded the motion, which carried unanimously. b) Approve Contract with Benesch unanimously. II) Adopt Budget Ordinance Amendment carried unanimously. III) MPO Call for Projects 152 and Miller Road and I-85 Interchange. 21Page. Minute Book 8 Mrs. Sheets asked if these are fully funded or a match. Mr. Gover stated these would be state projects and not Mr. Stroud made a motion to adopt the Resolution supporting MTIP projects. Mr. Bringle seconded the motion, Mr. Phillips made a motion to remove Rohan Banton from the Parks and Recreation Board for not attending 75% of Mr. Stroud made a motion to appoint Michael Jarvis and Brie Bivens-Hager to the Parks and Recreation Board for a Mr. Bringle made a motion to appoint Jodie Campbell to the Parks and Recreation Board to a two-year term. Mr. Mr. Phillips made a motion to adopt the Resolution endorsing the application for the Cybersecurity Grant. Mr. Mr. Phillips made a motion to set the next Budget Workshop Meeting for April 19th, 2023 at 4:00 p.m. Mr. Stroud Mr. Stroud stated 911 South Main Street was accepted as a free donation to the town and now is three block walls and an empty lot. He stated he sees no benefit in spending any more money on the property and request for the town to surplus the property and see if we can get an offer on it. Mrs. Sheets stated this property has been discussed before and is included in the Corridor Study. Mr. Gover stated the property was used in the application to support Mrs. Sheets stated the Council had discussed using this property as public parking. She stated that site has been a Mr. Stroud made a motion to surplus Rowan County Tax Parcels 104 109 and 104 135. Mr. Bringle seconded the Mr. Bringle stated 13 years ago he had the opportunity to be a part of the selection to hire Ken Deal as the Town Manager. He read aloud Mr. Deals resignation letter to the Council. He thanked Mr. Deal for his service and asked Mrs. Sheets stated to address the public comment concerning road improvements, she suggested reading the minutes of the last meeting where the Council was presented with the General Obligation Bond Referendum. Mrs. Sheets asked what çan the Council do to get the mural ordinance fixed. She asked where are we at after nine months on the ordinance amendment. Mr. Gover stated Planning Board has been working on it for the last two months. He stated we have looked at it and the current consensus of the board is they like the ordinance the way itis Mr. Bringle asked about the paving project in Millers Grove. Mr. Gover stated we have received three quotes and administered locally. which carried unanimously. IV) Appointments for Parks and Recreation Board the scheduled meetings. Mr. Stroud seconded the motion, which carried unanimously. three year term. Mr. Bringle seconded the motion, which carried unanimously. Philips seconded the motion, which carried unanimously. V) Adopt Resolution Endorsing Application for Cybersecurity Grant Stroud: seconded the motion, which carried unanimously. VI) Set Budget Workshop Meeting seconded the motion, which carried unanimously. VII) Surplus 911 South Main! Street the Main Street Corridor Study. He stated the property is not apart of the grant awarded. research inquiry for a grant for Electric Vehicle parking or al Market Place. motion, which was carried with a vote of 4-1, Mrs. Sheets being the opposing vote. VIII) Town Manager Position staff tos start the processes of advertising for a' Town Manager. OLDI BUSINESS and there are not al lot of changes to be made to the ordinance. COUNCIL UPDATES we are waiting on one more quote. 22]Page. Minute Book 8 Mrs. Sheets stated Mr. Gover and her attended the Rural Community classes and meet a lot of people. She stated some of these people willl be coming to China Grove on Thursday and touring the town. ADJOURNMENT Respectfully Submitted, Pamela L. Mills, CMC Town Clerk Mr. Stroud made ar motion to adjourn. Mr. Phillips seconded the motion, which carried unanimously. Charles Seaford Mayor 23Page. Minute Book 8 CHINAGROVE ComeGrowwithUs Anoriginal town. MEMORANDUM To: Mayor and Town Council From: Pamela Mills, Town Clerk Date: April26,2023 Title: May Cruise In Ordinance 2023-04 Action Request by Town Council Motion to adopt Ordinance 2023-04 Required Votes to Pass Required Action Majority present at meeting Summary Per NCDOT Special Events Guidelines municipalities must consult with their local Highway Division to verify that the proposed special event will not interfere with other planned special events or impact planned maintenance. Municipalities have to pass an ordinance approving the special event and accept full responsibility for all liability related to the special event. Fiscal Considerations None PolicyIssues None Legal Issues NCDOT consider these events official actions of the municipality and will the municipality will be responsible for safety, traffic flow, traffic control, appropriate signage, and ensure that all debris, litter, decorations, and other items associated with the event are removed following the event. Alternative Courses of Action and Recommendation 1. Motion to adopt Ordinance 2023-04 Recommended) 2. Motion to deny Ordinance 2023-04 333 N. Main Street, China Grove, NC 28023 I Phone 704.857.2466 I Fax 704.855.1855 "hnaccorcence wlededkaxonus Deparment ol/ Agticullurer policy fhisinslons prohiblledtom dsciwnaing on the bcisis olrace. color. national Olgn.age. ciscipllyeligion sex, iamilia!s siatus. sexual Ofienictton. cnd reprisci (Noi a prohibiled bases cppyloc#! progroms) TOWNMANAGER Ken Deal TOWNCLERK Pamela Mills TOWNATTORNEY Tom Brooke MAYOR Charles Seaford TOWN COUNCIL Don Bringle Arthur Heggins Rodney Phillips Cheryl Sheets Steve Stroud TOWN OF CHINA GROVE ORDINANCE NO. 2023-04 CLOSURE FOR CRUISE IN' THE GROVE AN ORDINANCE DECLARING Al NORTHBOUND! LANE ROAD WHEREAS, the Town of China Grove acknowledges providing a Cruise In event for the pleasure of the WHEREAS, the Town of China Grove acknowledges its citizens realize the benefits from holding a Cruise In; WHEREAS, the' Town of China Grove acknowledges this festival requires the northbound lane of Main Street (US 29 A) from NCI Hwy 152/Church Street (SR-1337) to Patterson Street (SR-1225) to be closed; and, WHEREAS, adequate security and crowd control can be provided by responsible public agencies. WHEREAS, adequate fire control and fire prevention service can be provided by responsible public agencies; WHEREAS, the proposed street closing and the proposed use of the closed street are not likely to unreasonably interfere with public transportation and emergency services; and NOW' THEREFORE BEI IT ORDAINED by the Town of China Grove Town Council pursuant to the authority granted' by G.S. 20-169 that they dol hereby declare a temporary road closure during the day(s) and times set forth below on the following described portion ofa a State Highway System route: citizens; and and and Date(s): Saturday, May 27, 2023 Times: 12:00p.m. to 6:00p p.m. Route Description: Northbound lane of Main Street (US 29 A) from NC Hwy 152/Church Street (SR-1337)to Patterson Street (SR-1225), China Grove, NÇ. Adopted this 2nd day of May, 2023. This ordinance shall be in full force and effect from and after the date of its adoption. Charles Seaford, Mayor Attested by: Pamela L. Mills, CMC Town Clerk 333N NN Main! Street, China Grove. NC: 28023 I Phone (704)8 857-2466 I Fax(704)855-1855 "hnc accordunce with Federal law and U.S. Department ofA Agriculture, policy. this institution is prolubited from discriminating on the busisef ruce. color. national origin. uge, disability. religion. sex. familial status. sexual orientation, and reprisal. (Not ally prohibited bases apply to all progrums)." TOWNI MANAGER Ken Deal TOWN CLERK Pamela! Mills TOWN ATTORNEY Toml Brooke MAYOR Charles Seaford TOWN COUNCIL Don Bringle Arthur Heggins Cheryl Sheets Rodney Phillips Steve Stroud ARO TOWN OF CHINA GROVE To: Mayor Seaford and the China Grove Town Council From: Franklin Gover, Assistant Town Manager Date: April 25, 2023 Re: 2022-TA-04; Wall Signs Background The Planning Board has conducted several workshops and a courtesy hearing regarding wall sign regulation exploring amendments to the Chapter 14 Signs of the Unified Development Ordinance (UDO). Since the 2015 Reed V. Gilbert Supreme Court decision, sign regulation has been under scrutiny. Sign ordinances across the country are subject to legal challenges regarding content neutrality. The Town Attorney provided an overview of the current legal landscape. The legal challenges are still working Reed V. Gilbert - Court held Gilbert's sign regulations, which grouped and regulated signs by categories (e.g., political and ideological signs) were content based because they targeted signs based on the sign's Austin V. Reagan Supreme Court rejected the "read to regulate" test and explained that off-premise sign regulations are facially content neutral because they distinguish based on location and not content. through the court system. Below is a summary of two key court decisions: communicative content. Current Definitions - UDO Chapter 3 Mural Painted graphics or any type of graphic arts that are painted on a wall or fence and do not contain copy, advertising symbols, lettering, trademarks, or other references to the premises, products or services that are provided on the premises where the graphics are 12 located or any other premises. Sign Any object, display or structure, or part thereof, situated outdoors, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, 333N Main Street, China Grove. NC: 28023 I Phone (704) 857-2466 I Fax (704)855-1855 "Ine accordance with Federal luw and U.S. Department of Agriculuure policy. this institutioni is prohibited) from discrimunating on the busis of ruce. color, national origin. uge. disubility. religion.. sex. familial stutus. sexuale orientation. and reprisal. (Not all prohibited buses upply 10 all progrums)." product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination, or projected images. The term "sign" does not include the flag or emblem of any nation, organization of nations, state, political subdivision thereof, or any fraternal, religious or civic organization; works of art which in no way identify a product or business; scoreboards located on athletic fields; or religious symbols. Sign, Wall Any sign directly attached to an exterior wall of a building or dependent upon a building for its support with its exposed face parallel or approximately parallel to the plane of the building or structure on which the signi is affixed. Signs directly painted on walls shall be considered wall signs. Current Regulations Chapter 14 Signs 14.2.1Sign. Design Guidelines B. The sign shall not be the dominant feature ofi its location 14.2.2 Sign Area A. For wall signs, placard signs, and window signs, the area of the sign shall be the smallest rectangle that can encompass all letters and logos included int the sign. 14.3. Signs That Do Not Require a Permit D. Integral decorative or architectural features of buildings; works of art; sO long as such features or works do not contain letters, trademarks, moving parts or lights. 14.4.25 Sign Requirements by Type 14.4.2 C. Wall Signs The following shall be included in the wall sign category: canopy signs, awning signs, permanent window 1.Wall signs shall front on a public street or face aj parking lot where a main building entrance is located. 2. Maximum sign area is 10 percent of the wall area. Any number of signs may make up the allowable area. In districts where both wall signs and freestanding signs are allowed, and a freestanding sign is not signs. The following regulations apply to wall signs: utilized, then the wall sign area may be increased up to 20 percent of the wall face Recommended Amendments To encourage creativity, we recommend removing size and content restrictions for painted wall We also propose adding the following definition and regulations for maintenance of Ghost Signs: signs. 3337 NN Main Street, China Grove, NC: 28023 Phone (704) 857-2466 I Fax (704)855-1855 "Ine uccordance with Federal la and US. Department of Agriculture, policy, this institution is! prohibited) from discriminating on the busisa of ruce. color, national origin. uge. disabiliry. religion, sex. familial. starus, sexual orientation. und reprisal. (Not all prohibited bases upply 1o all programs)." Ghost Signs Existing sign on an exterior building wall that has been weathered and faded to the extent that it has lost its original brightness of color and visibility shall be DURHAM Smoking Tobaceb restored to its original condition. 333 NN Main Street, China Grove. NC: 28023 I Phone (704)857-2466 I Fax( (704)855-1855 "Ine accordunce with Federal lun and U.S. Department ofA Agriculture policy, thisi institution is prohibited) fromo discriminating on the busisof ruce. colon. national origin, age, disubility. religion, sex. familial stutus, sexual orientation. and reprisal. (Not ally prohibited buses apply lo all progrums)." CHAPTER 14: SIGNS Section 14.1 Purpose and Applicability 14.2 General Provisions 14-2 14-2 14-3 14-7 14-9 14.3 Signs That Do Not Require al Permit 14.4 Signs That Require a Permit 14.5 Prohibited Signs 14-1 Town of China Grove Unified Development Ordinance CHAPTER 14: SIGNS Section 14.1 Purpose and Applicability The purpose oft this section is to support and complement the various land uses allowed int the China Grove area by the adoption of policies and regulations concerning the placement ofs signs. The outdoor placement ofs signs is a legitimate use of private property, but the erection of signs should be controlled and regulated in order to promote the health, safety, welfare, convenience, and enjoyment of travel on roadways, as well as protect the public investment in such roadways. The provisions of this section are also intended to promote the reasonable, orderly, and effective display of such signs, displays, and devices. It is also the intent of this section to prevent signs from dominating the visual appearance of the area in which they are located and to enhance the aesthetic environment of the China Grove area. In regard to sign content, it is affirmed that noncommercial messages are allowedi in substitution for any commercial message on any sign Except as otherwise provided in this Ordinance, it shall be unlawful for any person to erect, construct, enlarge, move, or replace any sign, without first having obtainedas sign permit for suchs sign from the Zoning Administrator as required by this Ordinance. A fee, ina accordance with ai fee schedule adopted by the' Town permitted under these regulations. Council, shall be charged for each sign permit issued. Section 14.2 General Provisions 14.2.1 Sign Design Guidelines surrounding area. A. Materials, colors, and shapes of proposed signs should be compatible with the buildings and the B.Thesigashalmo Hbethee deminant ewtereofit-oeation: All tenants shall comply with the approved uniform sign plan. EB. A uniform sign plan shall be required for all office and retail complexes and multi-tenant buildings. 14.2.2 Sign Area A. For wall signs, placard signs, and window. signs, the area of the sign shall be the smallest rectangle that B. Fori freestanding signs, neighborhood identification. signs, banners, and other similar signs, the area shall can encompass all letters and logos includedi in the sign. include the rectangular area of the surface to which the sign is affixed. 14.2.3 Sign Height The height ofas sign shall be measured from the highest point ofas sign to the point of ground surface beneath it. Ornamentation such as caps, spires, and finials shall not extend more than two (2) feet from the top of the sign. The use of berms or raised landscape areas is only permitted to raise the base of the sign to the mean elevation of the fronting street. 14.2.4 Sign Setbacks All signs shall be set back a minimum five (5) feet from the right-of-way of a public or private street. At intersections, no sign shall be in the sight triangle as defined by this ordinance. No freestanding sign shall 14-2 Town of China Grove Unified Development Ordinance CHAPTER 14: SIGNS be located within 100 feet of any other freestanding sign unless the Zoning Administrator determines that practical difficulties exist for locating the sign. Illuminated signs shall conform to the following: 14.2.5 Sign Illumination A. All illuminated signs shall have their lighting directed in such a manner as to illuminate only the face B. External light sources shall not be visible from the right-of-way nor cause, glare hazards to pedestrians, oft the sign. motorists, or adjacent properties. C.Am maximum of 101 foot candles may be permitted on any portion of the sign. D. All lighting shall meet all applicable electrical codes. between the hours of 12:00 midnight and 6:00 a.m. E. A new commercial sign within 100 feet of an existing residential structure shall not be illuminated F. Lighting for signs shall be maintained and shall not create excessive noise. 14.2.6 Maintenance and Upkeep of Signs A. All signs and all components thereof, including supports, braces, and anchors shall be kept in a good state of repair, in compliance with all building and electrical codes, and in conformance with the requirements of this Ordinance (unless deemed a legal non-conforming sign by Chapter 5 of this Ordinance). Any sign which is determined by the Zoning Administrator or building inspector as being insecure, in danger of falling or otherwise endangering the public safety shall bei immediately removed by its owner unless it is repaired and made to otherwise comply with the requirements of this Ordinance. B. Ifa sign advertises a business, service, commodity, attraction or other enterprise or activity that is no longer operating or being offered or conducted, then that sign and sign structure shall be considered discontinued regardless of reason ori intent ands shall, within 180 days afters such discontinuation, be removed by the owner of the property where the signi is located. 14.2.7 Removal of Signs in the Right-of-Way The Zoning Administrator or his designee may remove and destroy or otherwise dispose of any sign placed on public property or within any right-of-way of any public or private street. Penalties shall be levied for each such sign as outlined in Chapter 4 of this Ordinance. Section 14.3 Signs That Do Not Require a Permit The following types of signs are exempt from permit requirements this Chapter and may be placed in any zoning district. Such signs shall otherwise be in conformance with all applicable requirements contained in this Ordinance. All such signs (except government signs) shall be located outside a road right-of-way. A. Government and public interest signs. B. Memorial signs, plaques or grave markers which are noncommercial in nature. 14-3 Town of China Grove Unified Development Ordinance CHAPTER 14: SIGNS C.F Flags, pennants, insignia, or religious symbols of any government, non-profit or not-for-profit organization when not displayed in connection with a commercial promotion or as an advertising device. D. Integral decorative or architectural features of buildings; MadfatelRpeaFeuteseFweNs E.Wall signs that are painted, affixed.or: applied directly to the exterior side and rear walls ofas structure or building. Painted wall signs are not limited to application of paint. but includes other methods of EE. On-premise directional and instructional signs not exceeding six (6) square feet in area apiece. For developments over 10acres with multiple vehicle entrances locatedi in C-P, PUD, LI, and HI districts, such FG. Identification signs for residential uses not exceeding four (4) square feet in area [one (1) only per GH. Incidental signs. However, in no case shall a drive-through service window menu board be oriented toal public right-of-way or exceed 32 square feet in area. Any such drive-through serviçe window menu board containing a loudspeaker shall be located at least 50 feet from any pre-existing residential structure Flag poles are limited to 35 feet in height. denetconiainleetas-amoiingpwrsorlighs. application and/or material including, but not limited to tiles or screen printing. signs may bei increased in size to not exceed sixteen (16) square feeti in area apiece. premises] located in a residential district. HI. Campaign and election signs provided that: Each sign shall not exceed eight (8) square feet in area. All such signs shall not be placed more than 60 days prior to the election. No campaign signs may be placed in Town controlled street rights-of-way. deemed abandoned and can be removed and disposed of without penalty. Any such signs placed and remaining ini NCDOT rights-of-way 30 days after the election shall be #J. Temporary real estate signs advertising a specific property for sale, lease, rent or development shall be located as follows: One sign per street frontage advertising real estate "For Sale", "For Rent", "For Lease" or "For Development" not greater than 10 square feet in area in a residential district and 64 square feet in areai ini nonresidential districts may be located on the property being advertised so long as said sign isl located behind the street right-of-way line. If the property sO advertised lies on a corner lot or double frontage lot, then a second sign may be oriented along the second street so long as the two In addition to the on-site real estate sign(s), a maximum of three (3) directional signs, each not exceeding four (4) square feet in area, shall be permitted off the subject premises. The message of said: signs shall bel limited to the name of the property or development being advertised, an address, at telephone number, a directional arrow, mileage to the subject property, and the terms "Lot/Home No more than three (3) temporary directional signs advertising a specific planned commercial or mixed use development, subdivision, multi-family development, etc. may also be permitted off- Alls such temporary signs shall be removed within seven (7) days after the property has been sold, signs are at least 100 feet apart as measured by the shortest straight line. For Sale", "For Rent", "For Lease", "For Development", etc. site. Each such sign may have a maximum area of three (3) square feet. rented, leased, etc. No sign allowed under this subsection shall be lighted. 14-4 Town of China Grove Unified Development Ordinance CHAPTER 14: SIGNS K. Temporary construction signs provided that: Signs in conjunction with any residential use shall not exceed 10: square feet each. Signs in conjunction with all other uses shall have a maximum area of 50: square feet each. Only one (I) such sign oriented per street front per premises shall be erected. Any two (2) such signs located on the same premises shall be located at least 100 feet apart as measured by using a straight line. Such signs shall not bei illuminated. Such signs shall only appear at the construction site. Such signs shall be removed within seven (7) days after a completion of the project. Consistent with NCGS 160D-908, fence wraps displaying signage affixed to perimeter fencing at aconstruction site are exempt from regulation or permitting, including any of the above provisions ins subsection J. until the certificate of occupancy is issued for the final portion of construction at that site or 24 months from the time the fence wrap was installed, whichever is shorter. KL. Temporary farm product signs provided that: One on-premises sign may be used. Said sign shall be located off the street right-of-way and at least 10f feet away from any side lot line. Sucha a sign shall have a maximum: area of nine (9) square Amaximum oft two off-premise signs shall be permitted. Said off-premise signs may ber no greater than four (4) square feet apiece and shall not be illuminated. No such sign shall be allowed in the feet and may not bei illuminated. street right-of-way or within 101 feet ofa as side lot line. Portable signs shall not be used for any sign allowed under this Subsection. LM. Temporary special event signs for religious, charitable, civic, fraternal or similar non-profit or not- for-profit organizations provided that: Signs shall be erected no sooner than 10 days prior and removed no later than two (2) days after the event. Portable signs for such uses may be allowed. No: such sign shall exceed 32 square feet. No such sign shall be illuminated. All such signs shall be located off the street right-of-way, unless otherwise granted permission for such al location by the Town of China Grove orl NCDOT. In no case may any such sign extend onto or over a street pavement or impede the view of any motorists or pedestrians. Location of such MN. Temporary displays as part of a holiday or civic event sO long as any such displays are not located within a street right-of-way unless permission for such is first granted by the Town of China Grove or NO. One (1) on-premise and three (3) off-premises yard sale signs per yard sale. All such signs shall be removed within 24 hours after the yard sale has been terminated, and are subject to the enforcement and penalty measures of Section 4.4.8. No such sign shall be greater than four (4): square feeti in: area. All such signs within a road right-of-way shall be limited to the day of the event. NCDOT. signs shall be located off the street right-of-way. 14-5 Town of China Grove Unified. Development Ordinance CHAPTER 14: SIGNS OP. Bulletin boards and signs which contain information of a non-commercial nature. Such bulletin boards and signs may have a maximum area of 32 square feet. PQ. Directional Signs (for public and semi-public uses only) provided that: No more than three (3) directional signs per principal use may be erected. Not two directional signs advertising the same principal use shall be located within 1,000 feet of each other as measured Directional signs greater than three (3) feet in height as measured from the grade of the road upon All directional signs shall be free-standing signs. Portable signs shall be prohibited. There shall be no greater than four (4) directional signs on separate supports at the intersection of No two (2) directional signs hung from separate supports shall be located within five (5) feet of using the straightest short line distance. Directional signs shall not bei illuminated. which it fronts shall be located outside the required sight triangle. any two (2) roads. each other. More than one (1) sign may be placed on the same supports. The maximum area of any directional sign shall be six (6) square feet. QR. Other signs containing non-commercial copy messages, provided that: Such signs have an area of no greater than 32 square feet. Such signs do not fit under the category of prohibited signs with the exception of portable signs, vehicular signs, and roof signs. Such signs shall not be illuminated. All such signs shall be located off the street right-of-way. RS. Directory Signs provided that: No: sign is located in a road right-of-way. permitted for said use, whichever is less. Letters do not exceed six (6) inches in height. Height oft the sign does not exceed six (6) feet. The maximum sign area shall be 40 square feet or one-half the area of the largest free-standing sign ST. Temporary window signs located inside the window provided that they do not exceed 25 percent of TU. "Warning", "No Trespassing" and similar informational signs provided that they do not exceed four UV. Signs located within a stadium intended to be read only by persons seated within the stadium. 4W. Permanent municipal, school, recreational and civic club sponsored signs, schedule of events, rules and regulations signs. Identification signs require aj permit as set forth in Section 14.4. WX. Any sign inside al building, not attached to or placed within an external window or piece of glass that is not legible more than three (3) feet beyond the building in which iti is located. *Y. Signs placed on newspaper boxes designed for placement of delivered newspapers to a particular the window area. (4)s square feet. 14-6 Town of China Grove Unified Development Ordinance CHAPTER 14: SIGNS location. *Z. Temporary banners that do not exceed 32 square feet and are attaçhed flush to a wall face and do not remain inj place for more than 30 days. Section 14.4 Signs That Require a Permit 14.4.1 Signs Permitted by Zoning District Sign Type Identification Placard Wall Freestanding Projecting X: Sign Allowed C: Sign Allowed for Civic Uses only L: Ilumination. Allowed E External illumination only 14.4.2 Sign Requirements by Type A. Neighborhood. Identification Sign R-P R-S R-T R-M R-MH O-I N-C C-B C-P H-B L-I H-I Neighborhood XL* XL* XL* XL* XL* XL* XL* XL* X X X X X X X X X X X X XL* C C C XL XL C XL XL XL XL XL XL XL XL CL CL CL CL XL XL XL XL XL XL 1. One (1) per main street frontage entrance (except as noted in 2 below). 2. Maximum areai is 32 square feet. Area may be split between two (2) signs on either side oft the entrance. 3. Maximum height is six (6) feet. 4. Minimum setback is five (5) feet from adjacent property lines and from the street right-of-way. B. Placard Sign (Door Entrance Sign) 1. One (1) wall-mounted sign per street frontage. 2. Maximum area is four (4) square feet. C. Wall Sign The following shall bei included in the wall sign category: canopy signs, awning signs, permanent window Walhsgnsahalrent rl Hou wheree amain building entrnee-is-leated: 12. Maximum sign area is 10 percent of the wall area. Any number of signs may make up the allowable area. In districts where both wall signs and freestanding signs are allowed, and a freestanding sign is not signs. The following regulations apply to wall signs: utilized, then the wall sign area may bei increased up to 20 percent of the wall face. 23. Maximum projection is 18 inches from the wall face. 14-7 Town of China Grove Unified Development Ordinance CHAPTER 14: SIGNS 43. Signs shall not extend above the parapet or eave oft the building. 54. Accessory structures subordinate to the principal structure are permitted one (1) wall sign not to exceed 20 square feet. D. Freestanding Sign 1. Freestanding signs shalll be monument style with the bottom oft the sign portion oft thes structure beginning no more than three (3) feet from the ground. 2. One (I) sign per street frontage. 3. Developments with two (2) or more tenants shall utilize a multi-tenant sign. 4. Maximum sign area is 32 square feet. For multi-tenant signs, four (4): square feet per tenant may be added upt to a maximum of 64: square feet. In the N-C district, the maximum sign area is 16 square feet. 5. Maximum height is 101 feet. In the N-C district, the maximum height is 61 feet. 6. Minimum setback is five (5) feet from adjacent property lines and from the street right-of-way. 7. Freestanding signs are not permitted on the same street frontage on aj parcel where aj projecting 8. New conforming freestanding signs incorporating an electronic message board as part of the sign face are permitted when such signs are otherwise allowed in the R-S, R-T, O-I, N-C, and H-B districts. Such signs may not be located within 100 feet of a residential use; may not have scrolling, animated or flashing messages, or copy changes any more frequently than once every two minutes; and thel brightness of any civic freestanding signs in thel R-S and! R-T district shall not exceed 3 foot candles above ambient light, measured from the property line. Electronic signs shall also not be illuminated between 10:00PM and 5:00AM. Prior to final inspection approval, the applicant shall provide proof that all lighting levels and specifications in this section have been field-verified by a sign is also located. qualified inspector. E. Projecting Sign 41 feet. 2. One (1) per store front. 3. Sign must be on the front façade. 1. Projecting Signs shall be no more than 16 square feet in size and no side dimension being greater than 4. Minimum height above sidewalk (ground) (7) seven feet. 5. 12" (inches) maximum space between wall and sign. 6. Buildings on corner lots may place signs that are visible from both streets and may have the vertical dimension greater than 4' in length, with approval of the Zoning Administrator. 14-8 Town of China Grove Unified Development Ordinance CHAPTER 14: SIGNS 7. Projecting signs are not permitted on the same street frontage on a parcel where ai freestanding sign is also located. Section 14.5 Prohibited Signs A. Any sign which the Zoning Administrator determines obstructs the view of bicyclists or motorists using any street, approach to any street intersection, or which interferes with the effectiveness of or obscures any B. Illuminated, highly reflective signs, or spotlights which hamper the vision of motorists or bicyclists. C. Signs not erected by a public authority which may be erroneously construed as government signs or emergency warning signs. An example of this is a sign which contains a picture of a traffic sign plus the D. Any sign located outdoors which interferes with free passage from or obstructs any fire escape, downspout, window, door, stairway, ladder, or opening intended as a means of ingress or egress or E. Any sign (other than a government sign), banner or display placed on any curb, sidewalk, post, pole, hydrant, bridge, tree, or other surface located on, over, or across any public street or right-of-way, unless F. Any sign located to intentionally deny an adjoining property owner visual access to an existing sign. G. Flashing signs, signs with flashing or reflective disks, signs with flashing lights or lights of changing degree of intensity or color or signs with electrically scrolled messages (except government signs and signs which give time and temperature information). Ifa time and temperature sign alternates between a time message and a temperature messagei its shallcontinuously show one messageaminimum oft three (3): seconds traffic sign, device, or signal shall be prohibited. word "Stop", "Yield",etc. providing light or air. otherwise permitted. in time before switching to the other message. H. Portable signs. I. Facsimile signs, three-dimensional objects, or human figures which may or may not contain advertising matter and may or may not contain information about products sold on the premises, and arel locatedi ins such J. Parked vehicles with messages (exempting vehicles with commercial advertising which are used K. Rotating signs, other than on-premise rotating identification names which contain al logo and/or business a manner as to attract attention. regularly and customarily to transport persons or property for business). name on it. L. Roof signs. M. Pole Signs. N. Billboards (off-premises advertising). 14-9 Town of China Grove Unified Development Ordinance CHAPTER 14: SIGNS O. Banners that are greater than 32 square feet, are not placed on a wall, or are in place for more than 30 days. P. Signs placed on a piece of property without permission ofi its owners or agent. Inflatable signs including inflated balloons having a diameter of greater than two (2) feet. R. Any sign whose sign face was initially constructed and designed to be placed and/or transported on wheels, regardlessi ifsaid sign facei isremoved fromi its base and placed on orint the ground: sO as to otherwise classify said sign as a "freestanding" sign as herein defined. S. Other signs not expressly permitted in this Ordinance T. Signs of closed or relocated businesses must have the sign copy removed (sign made blank) within 60 days after said closing or relocation. 14-10 Town of China Grove Unified Development Ordinance 3/20/23 p.s. Poyner Spruill" ATTOMNEYSATLAW Sign Ordinance Litigation Post Reagan Nick Tosco & Andrea Liberatore, Poyner Spruill LLP Overview Constitutional Framework Reedv. Town of Gilbert OlePremisey/lboarts and Reagan Fairway Outdoor. Advertising LLCV. High Point Takeaways Questions 2 1 3/20/23 Why Is Sign Regulation Important? EXON Breezewood, PA 3 Constitutional Framework for Sign Regulations 2 3/20/23 The First Amendment Free Speech Clause Applies Sign regulations are subject to The First Amendment Free Speech Clause and must pass requisite level of constitutional scrutiny Level of scrutiny depends onv whether sign regulations are content neutral or content based TDer FE Two Important Exceptions Government Speech DOWNTOWN HARIFORD Whengovernment speaks, it'snots subject to feespeechdause ORCPARCBAnNECATANeS government signs Commercial Speech scrutiny CHIBAN COMINGISOON Commercial speechis a lesser protected type of speech Regulation of signs with commercial speech = intermediate Ordinance Example: exempting signs with noncommercial specchiromregulaton. and regulatingo commercial: signs 6 3 3/20/23 Level of Scrutiny Depends On... Content Based Regulations that drawo distinctions based on as sign's" "communicative content" ort ther message ori idea that thes signi ist trying to convey Subject tos stricts scrutiny( (most likely unconstitutional) Ordinance Example: regulating political ori ideological signs more strictly or differently thand other sign types(Reed) Content Neutral Regulations that don't draw distinctions based on a sign's communicative content Regulations based on signs size, location, etc. (i.e., time, place, andr manner restrictions) Subject toi intermediate scrutiny (regulations may be constitutional if "narrowly tailored to: serve as significant governmentall interest andl leave open ample alternative channels for communication) Ordinance Example: restrictings sign height ands sq. ft. based ont their location 7 Reed V. Town of Gilbert 4 3/20/23 Reed V. Town of Gilbert Until last year, controlling precedent on sign regulation = Reedi V. Town of Gilbert, 576 U.S.1 155 Court held as sign regulation was content based ifit "targets speech based oni its communicative content" (i..,fit" "applies to particular. speechl because of the topic discussed or thei idea or message expressed") Court held Gilbert's sign regulations, which grouped andr regulated signs by categories (e.g, political and ideological signs) were content based because they targeted signs based on the sign's communicative Many courts interpreted Reedt tor meana as sign regulation! is content basedi ifg govt. hast to read as sign inorder to determine ifar regulation! is applicable (2015) content ("read to regulate" test) 9 The Off-Premises - / Billboard Problem and Reagan 10 5 3/20/23 Are off-site signs content-Dased?? Off-premise signs = signs advertising a product, service, or activity located on Cities have been regulating off-premise signs (aka billboards or outdoor advertising signs) for decades After Reed, courts struggled with whether off-premise sign regulations were content based or content neutral While off-premise sign regulations are technically based on location, not content, govt. has to read to regulate another site MOR CHIKINE Gpe ENT 11 City of Austin V. Reagan National Advertising of Austin, LLC, 142S. Ct. 1464 (2022) Fifth Circuit Fifth Circuit held Austin's off-premise sign regulations were content based because their application required the regulator to read the sign inc order to determine whether the regulation is applicable (i.e., the hadt to "read to regulate"). Facts Lamar (al billboard company) sought sign permits fromthe Austin to digitize! billboards. Austin denied permits based ont the ordinance's band on construction of new billboards and digitizing existing billboards. Lamar suedA Austin and claimed ordinance favored on-premise: signst to off- premise signs, whichisa an unconstitutionally content based regulation. Supreme Court Supreme Court rejected the "readt tor regulate" test and explained thato off-premise sign regulations are facially content neutral because they distinguish based on location andr not content. Thus, Austin's restrictions ont the construction: and digitization of off-premise billboards-and: similar ordinances-are only subject to intermediate scrutiny. Remandedi to determinei if intermediate scrutiny met. City 12 6 3/20/23 Fairway Outdoor Advertising LLCV. High Point 13 High Point's Sign Ordinance 5.7.11. OUTDOOR ADVERTISING SIGNR REQUIRINGAS SIGN PERMIT Districts Allowed Location Like many cities, High Point's sign ordinance regulated billboards Specifically, under the ordinance, billboards were: Required to get a permit Limited to Heavy Industrial (HI) districts Required to be 500'1 from another billboard and 300' froma residential district or religious institution Prohibited from being digitized Size Height (a) gns (b) (b) a don 14 7 3/20/23 Facts Fairway/Lamar has billboards all over High Point (claimed over 68 billboard faces) In2017, Fairway applied for 7 sign permits to erect 7 digital billboards in various (non-HI) zoning districts High Pointy denied all 7 sign permits applications because: All violated requirement to bei in HI district Two violated requirement tol have a 300' buffer from a residential district/religious institution One violated requirement to noti increase nonconformity because it attempted to replace a static (non-digital) nonconforming billboard with a digital one 0o 0 15 Fairway's Challenge FORT INTITE! THE: MIDDLED DISTRICT OF NORIRCAROLINA GRFEN SBORO TSTON Fairway's lawsuit, filed before Reagan, claimed High Point's billboard regulations were unconstitutional. content- based restrictions on speech and/or violated state law Fairway challenged numerous other provisions ini the sign ordinance that had nothing to do with billboards Plalatin, CIYoF HICIIT POINI, NOW COMES Plainift, FAIRWAY OUIDOOR LC ("Fairway"). by aud tough its nkesipnat coumel. conplaming afde Defadan Ciyo of High Pvin (ys prvmnt to, fntrr slin, N.CGS, f160D- 14031N.CGS. $143-755. 420sC allegesends shows uniot COMPI AINT LC. $1988, andrespectiully follows: OuMay 16, 2016, aflet conaing apubl beug the Ciy ofligh Poara MioptedOrdinanse No, 7205/16-26 with effectived dateofla January 1,2017 rOrdiuane). The Ordinance cooiins sperific sdads fos sans ms Seutions7. practically bans all sagas such as bilboards diplayins ofl-premse messages Ihe Odiance is facially (Ouidoor beomse i amng other thingp. imposes muaerous o0crous and Sini" 16 8 3/20/23 High Point's Motion to Dismiss After High Point filed its answer, Supreme Court decided Reagan High Point then filed a motion to dismiss under rule 12(b)(1)and 12(c) Billboard regulations in sign ordinance were content neutral under Reagan and passed intermediate scrutiny Fairway lacked: standing to challenge other provisions of sign ordinance that weren't basis of the sign permit denials arguing that: MARCAGINSNTINOTNION 17 Passing Intermediate Scrutiny Without Discovery Fairwayclaimed dismissal nappropriate because discovery was necessary tos seeif blboardregulations: satisfiedi intermediate: scrutiny (ie., were "narrowlyt tailoredt to serve as significant governmental interest andI left open ample alternative channels for High Point arguedi it meti intermediate: scrutinyi in3mainy ways (all ofwhicho did not 1. Longl line of SCOTUS cases recognize aesthetics andt traffic safety as signifiçant government interests furthered by: sign regulation.. See eg, Toxpayers/ for Vincent, Intent andp purposes section oft thes sign ordinancel listed aesthetics: andt traffic 2. Regulations were narrowly tailoredt to" "eliminatet the exact source ofe evil (proliferation of digitall billboards) that (High Point)s soughtt tor remedy." 3. Therev were ample alternative channels for Fairway to! lawfullycommunicate (e.g, bye erecting non-digital, off-premise! billboardsi int the HIC district ore erecting communication) require discovery top prove): 466U.S. 789(1984) safetya asi intents oft thes signr regulations (Taxpayers for Vincent) digital, on-premise: signs elsewhere) 18 9 3/20/23 The Decision Judge Eagles in the Middle District of N.C. heard oral arguments on High Point's motion to dismiss on 11/30/22 On1 12/28/22, she issued a decision that: Granted the motion to dismiss in its Held Fairway did not have standing to challenge the provisions of the ordinance that were not the basis for permit Held that High Point's billboard regulations were content neutral and passed intermediate scrutiny THIS ISA POSITIVE SIGN entirety denials 19 Takeaways 20 10 3/20/23 Takeaways Reviewsigno ordinances for complancey with frce speecho case law (Reedi is still good! law) and avoid omenebasxddsinxtons (evenif statel law authori zes it); Focus ons Size, location, etc. istead Remember the exceptions: (1)Goveinment: signs arenot subject to the frees speech clause,(2) Regulations targeung commercial signs and off premise signs are consttutionalift they satisfy Drafting tips: 1)add Substitutonfseverabilly clauses, 2)i include aesthetics/traffic: safety in the purpose/intent sections, 3) ensure alternative: sign options, and 4)0 draft clearly. See Visible Properties, intermediate scrutiny LLCV. Vill. of Clemmons, N.C. App. 743(2022). Check tor make sure enforcement is compliant too( (dont justr rely ont the ordinance) 21 Questions LOST? Nick Tosco Poyner Spruill 704.342.5275 Moxceponerprul.con PoynerSpruill 22 11 CHINAGROVE ComeGrowwithUs Anoriginal town. MEMORANDUM To: Mayor and Town Council From: Tara Nichols, Finance Director Date: April25,2023 Title: 2023-2024 Proposed Budget Action Request by Town Council Motion to set public hearing for. June 6th, 2023 Summary In this budget you will find an accurate estimate of all revenues with the tax rate set at $0.50. This draft budget includes all items that were presented to you at the last meeting along with changes requested. There is one further item that will need to be discussed in reference to creating the Police Captain position in the Pay Grade Classification. This is currently in the budget for salaries in the Police Dept. as it would be a 5% change in salary for the Lieutenant. This budget has the Salary Adjustments that were presented to you regarding the Fire Department Employees and the Assistant Manager Position. Please be ready to discuss any changes you want to see in this budget so that we can have a balanced budget after the May Council Meeting. Requested Capital Items Police Department Fire Department 2vehicles outfitted 125,000 Air System 60,000 Hose Nozzles 10,000 Mobile Radios 27,500 UTV 25,500 Chassis and Remount 125,000 Pole Camera 15,000 Plotter 15,000 Truck 35,000 438,000 Planning Total 333 N. Main Street, China Grove, NC 28023 I Phone 704.857.2466 I Fax 704.855.1855 "haccordiance withfederdl law andu.S. Department of Agiculuropolicy this nstitutionis prolbilediom discimnatingon the basis of race. colot, nationalo origin, age, discbiily, religion, sex, familials siatus. sexucl Orieniction, andieprisa. (Nol d pronibiledbcses apply 10 c programs)." 2023-2024 Budget GENERAL FUND! SUMMARY DEPT REQUESTFY ACCOUNT NUMBER REVENUES DESCRIPTION ADI VALOREM' TAXES UNRESTRIÇTED REVENUES RESTRICTED INTERGOVERN PERMITS ANDI FEES MISCELLANEOUS REVENUES ACTUAL 19/20 ACTUAL 20/21 ACTUAL: 21/22 BUDGET2 22/23 23-24 OVER/UNDER: 22/23 1,905,353 1,964,302 1,925,593 2,015,000 2,484,250 1,389,417 1,531,088 1,731,706 1,548,000 1,924,000 469,250 376,000 (9,000) (271,897) 564,353 397,158 489,630 18,188 101,605 391,444 437,339 152,676 120,781 403,900 394,900 267,000 267,000 811,697 539,800 16,816 TOTAL 3,811,721 $ 4,393,279 $ 4,368,096 $ 5,045,597 $ 5,609,950 $ EXPENDITURES GOV BOARD TOTAL ADMIN TOTAL POLICE TOTAL FIRE TOTAL PUBLIC WORKS TOTAL PLANNING PERSONNEL OPERATING CAPITAL PERSONNEL OPERATING CAPITAL PERSONNEL OPERATING CAPITAL PERSONNEL OPERATING CAPITAL PERSONNEL OPERATING CAPITAL PERSONNEL OPERATING CAPITAL 8,785 25,141 33,926 320,704 308,645 121,534 125,954 14,464 456,702 434,599 149,931 133,432 10,374 8,785 13,666 22,451 9,000 16,573 25,573 319,590 124,176 7,035 450,801 183,303 77,864 443,023 192,852 53,887 689,763 360,687 436,417 5,975 24,800 30,775 356,000 486,100 155,300 175,800 511,300 661,900 190,400 196,900 11,800 19,500 31,300 5,825 (5,300) 525 130,100 20,500 150,600 156,500 6,500 125,000 288,000 268,500 32,650 248,000 549,150 29,603 34,200 (517,200) (453,397) 25,700 (17,900) 65,000 986,260 881,178 1,034,107 1,146,600 1,303,100 1,146,565 1,099,875 1,295,273 1,337,000 1,625,000 85,266 125,000 413,914 368,361 167,970 268,540 22,915 221,437 604,799 858,338 331,839 296,295 316,754 348,077 648,593 644,372 28,912 47,402 501,900 770,400 235,500 268,150 737,400 1,286,550 447,597 477,200 498,200 532,400 517,200 248,000 797,104 1,462,997 1,009,600 29,739 98,004 108,687 30,401 99,750 102,700 128,400 154,500 136,600 65,000 2023-2024 Budget 76,314 236,429 TOTAL 130,151 257,200 330,000 72,800 TO-DATE ACTUAL REQUEST 2-8-22 DEPT ACCOUNT NUMBER REÇREATION TOTAL FARMERS DAY DEBT TOTAL ACTUAL ACTUAL FY19-20 FY20-21 BUDGET FY21-22 DESCRIPTION FY22-23 OVER/UNDER: 22/23 PERSONNEL OPERATING CAPITAL OPERATING CAPITAL DEBT 74,975 131,044 104,202 13,607 219,626 169,984 37,567 65,781 77,150 109,316 186,465 31,065 457,430 457,430 89,400 145,100 154,000 17,000 251,500 244,500 26,600 90,500 1,100 8,900 (17,000) (7,000) 3,800 (35,000) (35,000) 569,478 2,351 30,400 472,574 467,830 472,574 467,830 425,700 390,700 425,700 390,700 TOTAL GENERAL FUND $3 3,696,666 $ 3,936,230 $ 4,063,625 $ 5,040,472 $ 5,609,950 BYFUNCTION PERSONNEL OPERATING CAPITAL DEBT TOTAL 2,165,389 1,958,785 2,273,958 2,650,172 3,267,500 997,343 1,094,226 1,193,452 1,430,400 1,513,750 3,696,666 3,936,230 4,063,625 5,040,472 5,609,950 617,328 83,350 (96,200) (35,000) 569,478 61,360 415,389 472,574 467,830 138,786 457,430 534,200 438,000 425,700 390,700 Revenue less Expenses 115,055 $ 457,050 $ 304,471 $ $,125 $ 2023-2024 Budget REVENUES ACCOUNT NUMBER ADV VALOREMT TAXES 10-3414-1100 ADV VALOREMT TAXES 10-3414-1110 AD VALOREMT TAXES-PRIOR 10-3414-1120 VEHICLE TAX 10-3414-1800 TAX PENALTIESA ANDI INTEREST 10-3414-2000 TAXLIENS TOTAL AD VALOREMI TAXES UNRESTRICTED! REVENUES 10-3839-3120 LOCAL OPTION SALESTAX 10-3839-3230 TELECOMMUNICATIONS TAX 10-3839-3220 UTILITYSALESTAX 10-3839-3210 NATURAL GASS SALESTAX 10-3839-3240 VIDEOFRANCHISE FEE 10-3838-3110 BEER ANDI WINE TAX 10-3837-3100 ABCI PROFIT DISTRIBUTION TOTAL UNRESTRICTED REVENUES RESTRICTED INTERGOVERN 10-3431-2700 FY21CARESA ACTF FUNDS 10-3434-1200 FIRE TAX 10-3434-1210 FIRE TAX SUPPLEMENT 10-3980-1250 SALISBURY/ROWAN: SRO 10-3981-9920 DEBT REIMB -C CITY OF SALISB 10-3431-2600 PUBUIC SAFETY GRANT 10-3839-3300 SOLIDI WASTE DISPOSAL TAX 10-3431-3100 CONTROLLEDS SUBSTANCE1 TAX PERMITS ANDF FEES 10-3431-4100 POLICEF FINES AND CITATIONS 10-3491-4100 ZONING AND DEVELOP FEES 10-3491-4200 CODE ENFORCEMENT 10-3491-4300 SANITATION COLLECTION FEE 10-3834-8600 COMMUNITY BUILDINGI RENT 10-3839-7000 STORMWATERFES TOTAL PERMITS ANDE FÉES MISCELLANEOUS 10-3831-4500 INVESTMENT EARNINGS 10-3835-8100 SALE OFI MATERIALS 10-3836-0000 SALE OFLAND 10-3839-8900 MISCR REVENUE 10-3839-8920 INSURANCE! PROCEEDS 10-3920-0000 PROCEEDS FROME BORROWING 10-3 3940-1000 FARMERS DAY SPONSORS 10-3 3940-2 2000 FARMERS DAY BOOTHS 10-3 3940-3 3000 FARMERS DAY- MISC 10-3 3940-4 -4000 FARMERS DAY -TS SHIRTS 10-3960-1000 PARADE ENTRY FEES 10-3960-2000 CIG SPONSORS/DONATION 10-3960-3000 MISC- -E EVENTS SPONSORS 10-3 3980-1500 MEMORIAL BRICK REVENUE 10-3980-1600 PROJECT REVENUE -MPO 10-3981-9915 TRANSFER FROM CAPR RESF FUND 10-3981-9900 FUNDE BALANCE APPROPRIATED TOTAL MISCELLANEOUS TOTALF REVENUE DEPTREQUEST OVER/UNDER DESCRIPTION ACTUAL 19/20 ACTUAL 20/21 ACTUAL21/22 BUDGET22/23 FY23-24 1,710,137 1,708,493 1,677,942 1,795,000 2,259,250 22/23 464,250 5,000 11,450 52,256 169,495 183,560 6,936 15,857 7,335 4,135 34,885 15,000 194,957 195,000 10,855 7,000 6,955 3,000 15,000 200,000 7,000 3,000 18,000 240,000 13,000 18,000 19,000 16,000 5,000 7,500 145,000 231,400 4,000 2,000 3,500 8,000 500 250,000 5,000 20,000 5,000 10,000 6,500 8,100 7,200 500 2,500 42,000 438,000 $ 1,905,353 $ 1,964,302 $ 1,925,593 $ 2,015,000 $ 2,484,250 s 469,250 1,060,129 1,200,845 1,404,686 1,230,000 1,600,000 370,000 (5,000) 2,000 8,000 (800) (200) 2,000 28,571 27,766 238,833 235,305 9,012 11,844 19,998 19,743 18,434 18,059 14,440 17,525 4,788 7,956 139,897 134,289 241,273 236,222 3,244 3,363 7,475 7,350 20,250 23,000 237,173 238,000 13,950 5,000 20,126 18,800 17,685 19,200 17,836 14,000 5,528 5,000 7,811 7,500 137,690 138,000 231,171 231,400 50,000 17,000 4,162 3,000 977 2,000 2,552 3,500 24,044 8,000 4,250 500 108,430 250,000 13,400 5,000 9,160 10,500 4,468 2,500 44,541 21,104 10,000 15,800 6,500 6,605 8,100 8,734 7,000 7,370 500 2,500 3,000 42,000 722,097 1,389,417$ 1,531,088 $ 1,731,706S 1,548,000 $ 1,924,000 $ 376,000 105,830 3,116 7,740 2,434 3,091 10,025 3,700 7,000 (17,000) 1,000 TOTAL RESTRICTED! INTERGOVERN $ 397,158 489,630 $ 437,339 403,900 $ 394,900 $ (9,000) $ 18,188 $ 16,816 $ 152,676 $ 267,000 $ 267,000 $ 36,453 14,456 690 10,448 22,770 7,915 6,376 7,503 5,100 3,500 850 9,500 2,500 4,050 2,467 338,183 89 35 400 50 31,715 200 (284,097) $ 101,605 $ 391,444 $ 120,781 $ 811,697$ 539,800 $ (271,897) $3 3,811,721 $ 4,393,279 4,368,096 $ 5,045,597S 5,609,950 564,353 2023-2024 Budget GOVERNING BOARD ACTUAL ACCOUNT NUMBER PERSONNEL SERVICES 10-4110-0000 SALARIES AND WAGES 10-4100-0900 PAYROLLT TAXES TOTAL PERSONNEL SERVICES OPERATING EXPENSES 10-4110-2900 MATERIAL AND SUPPLIES 10-4110-3100 TRAVELS AND SCHOOLS 10-4110-4000 MEMBERSHIP AND DUES 10-4110-4020 MISC 10-4110-6300 ELECTION EXPENSES 10-4110-6400 GRANT MATCH BUS SERVICE 10-4110-6900 DONATIONS TOTAL OPERATING EXPENSES GOVERNING BOARD TOTAL ACTUAL BUDGET DEPT REQUEST OVER/UNDER DESCRIPTION 19/20 ACTUAL 20/21 21/22 22/23 FY23-24 22/23 LINE DESCRIPTION 8,160 625 8,160 8,300 5,550 625 700 10,900 900 2,600 200 425 $ 8,785 $ 8,785 $ 9,000 $ 5,975 $ 11,800 $ 2,800 199 530 7,622 1,234 2,866 7,500 5,190 104 300 300 150 300 7,695 7,533 8,200 172 170 1,000 3,616 300 1,000 8,200 1,000 4,000 5,000 196 850 Increase- - Election Year 667 830 384 Election Year 5,500 5,000 15,000 $25,141 $ 13,666 $ 16,573 $ 24,800 $ 19,500 $ 2,927 $33,926 $ 22,451 $ 25,573 $ 30,775 $ 31,300 $ 5,727 2023-2024 Budget ADMINISTRATION ACCOUNT NUMBER PERSONNEL SERVICES 10-4120-0000 SALARIES AND WAGES 10-4120-0100 OVERTIME 10-4120-0900 PAYROLLTAXES 10-4120-1000 LGERS 10-4120-1100 PRUDENTIAL 401K 10-4120-1200 INSURANCE BENEFITS 10-4120-1400 WORKERS COMPENSATION TOTAL PERSONNEL SERVICES OPERATING EXPENSES 10-4120-1800 PROF FEES ACCOUNTING 10-4120-1900 PROF FEES -LEGAL 10-4120-1960 PROF FEES 10-4120-2600 OFFICE SUPPLIES 10-4120-2900 MATERIALS AND! SUPPLIES 10-4120-3000 CONTRACTUAL SERVICES 10-4120-3020 TECHNICAL SUPPORT 10-4120-3100 TRAVELS AND SCHOOLS 10-4120-3300 UTIUITIES 10-4120-3400 PRINTING AND CODIFI ICATION 10-4120-3500 REPAIR AND MAINT 10-4120-3700 ADVERTISING 10-4120-3900 BANK: SERVICE FEES 10-4120-4000 MEMBERSHIP AND DUES 10-4120-4020 MISC 10-4120-4400 LEASESA AND MAINT 10-4120-4500 INSURANCE TOTAL OPERATING EXPENSES CAPITAL OUTLAY 10-4120-5400 CAPITAL OUTLAY TOTAL CAPITAL OUTLAY ADMINISTRATION TOTAL ACTUAL ACTUAL ACTUAL BUDGET DEPT REQUEST OVER/UNDER 19/20 20/21 21/22 22/23 FY23-24 246,110 265,438 245,072 271,500 18,303 20,692 18,389 20,800 50,804 20,767 21,544 26,600 1,889 1,748 1,906 DESCRIPTION 22/23 LINE DESCRIPTION 364,400 27,900 44,300 16,900 32,600 92,900 Change from Part-Time Manager to Full- 7,100 Includes Salary Adjustment for 17,700 Assistant Town Manager Position 5,900 6,500 3,598 2,941 8,636 11,000 21,102 26,100 Time $3 320,704 $308,645 $ 319,590 $ 356,000 $ 486,100 $ 130,100 16,800 21,250 4,920 5,563 1,256 5,000 2,765 4,601 3,248 3,000 1,060 1,716 2,951 2,000 6,989 9,763 10,958 10,000 16,865 14,079 13,692 19,500 2,354 5,221 5,036 5,000 8,658 8,700 8,109 10,300 22,000 22,000 Statements, Audit, AFIR 15,000 10,000 Town Attorney 5,000 30,000/Consuting 3,000 2,000 18,000 20,000 5,000 5,500 10,300 10,000 5,000 1,000 3,500 2,000 2,500 21,000 25,000 24,755 35,000 8,000 500 Southern Software Manager, Clerk, Finance conference 10,000 Municode Update 10-4120-3200 TELEPHONE, POSTAGE, INTERNET 4,332 4,494 4,144 5,500 1,974 250 322 932 1,000 10-4120-3510 REPAIR AND MAINT- BUILDING 3,078 1,273 6,378 5,000 1,867 3,028 3,183 3,500 726 1,615 906 2,000 2,693 5,727 2,388 2,500 250 18,402 25,333 20,090 21,000 NCCMA, GFOA, Clerks Associations 10-4120-6800 ROWAN COUNTY TAX: SERVICE 28,051 13,341 15,576 25,000 "*Doublecheck the cost schedule $ 121,534 $125,954 $ 124,176_$ 155,300 $ 175,800 $ 20,500 $ 14,464 $ $ 14,464 $ $ 7,035 $ 7,035$ 9 $ 456,702 $-434,599 $ 450,801 $ 511,300 S 661,900 $ 150,600 2023-2024 Budget POLICE ACTUAL ACCOUNT NUMBER PERSONNEL SERVICES 10-4310-0000 SALARIES ANDI WAGES 10-4310-0010 SALARIES ANDI WAGES-SRO 10-4310-0100 OVERTIME 10-4310-0900 PAYROLL1 TAXES 10-4310-1000 LGERS 10-4310-1100 PRUDENTIAL 401K 10-4310-1200 INSURANCE BENEFITS 10-4310-1400 WORKERS COMPENSATION TOTAL PERSONNEL SERVICES OPERATING EXPENSES 10-4310-2900 MATERIALS AND SUPPLIES 10-4310-2910 UNLEADED ANDI DIESEL 10-4310-2920 UNIFORMS 10-4310-2930 WEAPONS 10-4310-3000 CONTRACTUAL: SERVICES 10-4310-3020 TECHNICAL SUPPORT 10-4310-3100 TRAVEL AND: SCHOOLS 10-4310-3210 COMMUNICATIONS 10-4310-3300 UTILITIES 10-4310-3500 REPAIR AND MAINT 10-4310-3510 REPAIR ANDI MAINT- BUILDING 10-4310-4000 MEMBERSHIP, ANDI DUES 10-4310-4020 MISC 10-4310-4500 INSURANCE 10-4310-6450 SPECIALI INVESTIGATIONS TOTAL OPERATING EXPENSES CAPITAL OUTLAY 10-4310-5400 CAPITAL OUTLAY TOTAL CAPITAL OUTLAY POUCE TOTAL BUDGET DEPTREQUEST OVER/UNDER DESCRIPTION 19/20 ACTUAL 20/21 ACTUAL 21/22 22/23 FY23-24 22/23 LINE DESCRIPTION 619,978 622,013 623,340 689,700 810,400 120,700 Includes requested additional Officer& 99,370 100,881 110,308 113,300 110,100 4,201 2,440 7,355 4,000 52,724 55,519 54,417 61,500 70,500 190,300 82,135 92,148 104,800 120,100 19,687 18,190 15,406 20,000 (3,200)reclassify the Lieutenant(17)1 to Captain(19): additional 5%i in Salary 4,000 46,200 20,000 9,000 15,300 6,000 8,700 37,288 40,200 93,844 113,100 121,800 $ 986,260 $ 881,178 $ 1,034,107 $1,146,600 $ 1,303,100 $ 156,500 5,298 7,898 6,233 8,000 8,000 18,227 19,470 32,259 38,000 38,000 13,703 8,713 28,658 10,000 12,000 3,390 2,572 8,023 4,000 6,000 17,600 17,856 25,164 27,500 27,500 6,697 8,254 1,031 8,000 8,000 18,690 3,605 12,448 6,000 6,000 12,300 13,500 11,061 6,504 6,500 6,500 6,480 6,838 2,584 6,100 6,100 17,237 14,659 20,434 20,000 20,000 6,008 4,845 7,550 20,000 12,000 450 250 250 500 500 2,510 2,349 1,959 2,500 2,500 18,083 19,500 20,531 21,000 2,000 Cost increase- -22/23 had Grant Expenditures that were removedf for 23/24 Replacement laptops and desktop computers and repairs Ongoing Training and Certifications 2,000 Replace Tasers as needed 10-4310-3200 TELEPHONE, POSTAGE, INTERNET 2,058 5,460 9,675 12,300 (8,000)Need tor replace the current HVAC 31,500 10,500 Insurance increase based off ofy what was spent 22/23 $ 149,931 $ 133,432_ 183,303 $ 190,400 196,900 $ 6,500 $ 10,374 85,265.70 77,863.73 $ 10,374S 85,266_ 77,864 $ 125,000 125,000 Two new police vehicles &0 outfitting $ 125,000 $ 125,000 $1,146,565 $ 1,099,875 1,295,273 1$1 1,337,000 $ 1,625,000 $ 288,000 2023-2024 Budget FIRE ACTUAL DEPT BUDGET REQUESTFY OVER/UNDER ACCOUNT NUMBER PERSONNEL SERVICES 10-4340-0000 SALARIES ANDI WAGES 10-4340-0100 OVERTIME 10-4340-0200 PARTT TIME 10-4340-0900 PAYROLLTAXES 10-4340-1000 LGERS 10-4340-1100 PRUDENTIAL 401K 10-4340-1200 INSURANCE BENEFITS 10-4340-1400 WORKERS COMPENSATION TOTAL PERSONNEL SERVICES OPERATING EXPENSES 10-4340-2200 FOODA AND PROVISIONS 10-4340-2300 MEDICAL SUPPLIES 10-4340-2900 MATERIALS AND SUPPLIES 10-4340-2910 UNLEADED. AND DIESEL 10-4340-2920 UNIFORMS 10-4340-2940 TURN OUT GEAR 10-4340-3000 CONTRACTUAL SERVICES 10-4340-3100 TRAVEL AND SCHOOLS 10-4340-3210 COMMUNICATIONS 10-4340-3300 UTILITIES 10-4340-3500 REPAIR AND MAINT 10-4340-4000 MEMBERSHIP AND DUES 10-4340-4020 MISC 10-4340-4500 INSURANCE 10-4340-4700 FIREMENS PENSION 10-4340-6450 TOTAL OPERATING EXPENSES CAPITAL OUTLAY 10-4340-5400 CAPITAL OUTLAY TOTAL CAPITAL OUTLAY FIRE TOTAL 19/20 ACTUAL 20/21 ACTUAL: 21/22 22/23 23-24 248,118 249,083 255,265 277,500 467,200 6,930 7,932 11,907 8,000 8,000 47,593 50,922 49,373 77,300 82,500 22,396 24,192 23,732 27,900 42,800 78,918 27,544 32,389 34,700 57,800 9,959 8,688 8,906 10,000 10,000 $ 413,914 $ 368,361 $ 443,023 $ 501,900 $ 770,400 $ 268,500 22/23 LINE DESCRIPTION 189,700 Includes3F Full-Time Includes salary Adjustment for Full-Time 5,200 14,900 23,100 9,500 26,100 12,970 14,300 23,800 48,482 52,200 78,300 915 883 1,788 2,385 411 1,500 1,500 3,718 3,500 3,500 13,732 17,983 16,210 18,000 25,000 8,340 9,529 17,179 18,000 22,000 2,332 1,804 2,922 3,500 3,500 20,017 10,724 5,866 20,000 20,000 40,284 39,581 39,582 47,500 50,350 1,126 4,899 3,690 3,500 4,000 8,377 8,509 8,055 10,000 10,000 35,715 137,095 56,034 60,000 65,000 7,000 4,000 2,850 500 300 3,000 Purchase Pagers $600 each-5 5,000 10-4340-3200 TELEPHONE, POSTAGE, INTERNET 1,648 2,900 4,468 5,700 6,000 4,847 3,843 247 3,000 6,000 10-4340-3510 REPAIR AND MAINT BUILDING 10,897 10,107 15,713 22,000 32,000 10,000 Increase replace Doors and additional door 475 648 1,031 322 1,000 300 300 537 1,500 1,500 16,829 16,944 17,220 17,500 17,500 o$ $ 167,970 $ 268,540 $ 192,852 $ 235,500 268,150 $ 32,650 $ 22,915 221,436.50 53,886.89 $ 22,915 $ 221,437 $ 53,887 $ 248,000 248,000 Air System, Hose Nozzles, SR Radios, UTV, $ 248,000 $ 248,000 New Chassis and Remount- 2008 F-550 $ 604,799 $ 858,338 $ 689,763 $ 737,400 $ 1,286,550 $ 549,150 2023-2024 Budget PUBLIC WORKS ACTUAL ACTUAL ACTUAL 19/20 20/21 21/22 BUDGET 22/23 23-24 DEPT REQUESTFY OVER/UNDER ACCOUNT NUMBER PERSONNEL SERVICES 10-4710-0000 SALARIES AND WAGES 10-4710-0100 OVERTIME 10-4710-0900 PAYROLLTAXES 10-4710-1000 LGERS 10-4710-1100 PRUDENTIAL 401K 10-4710-1200 INSURANCE BENEFITS 10-4710-1400 WORKERS COMPENSATION TOTAL PERSONNEL SERVICES OPERATING EXPENSES 10-4710-1960 PROF FEES 10-4710-2900 MATERIALS AND: SUPPLIES 10-4710-2910 UNLEADED AND DIESEL 10-4710-2920 UNIFORMS 10-4710-2950 SAFETY EQUIPMENT 10-4710-3000 CONTRACTUAL SERVICES 10-4710-3100 TRAVEL AND SCHOOLS 10-4710-3300 UTILITIES 10-4710-3310 STREET LIGHTS 10-4710-3500 REPAIR AND MAINT 10-4710-3510 REPAIR ANDI MAINT -BUILDING 10-4710-4000 MEMBERSHIP, AND DUES 10-4710-4020 MISC 10-4710-4300 EQUIPMENT RENTAL 10-4710-4500 INSURANCE 10-4710-6010 GARBAGE CONTRACT 10-4710-6015 LANDFILL CHARGES 10-4710-6500 STORMWATERI EXPENSES 10-4710-6600 DOWNTOWN, APPEARANCE TOTAL OPERATING EXPENSES CAPITAL OUTLAY 10-4710-5400 CAPITAL OUTLAY TOTAL CAPITAL OUTLAY PUBLIC WORKS TOTAL DESCRIPTION 22/23 22,140 3,240 5,116 2,107 (3,000) LINE DESCRIPTION 227,370 239,044 243,804 6,387 1,582 6,348 17,300 18,312 18,056 68,677 26,188 29,234 12,105 11,169 11,006 308,660 330,800 7,000 7,000 22,660 25,900 35,984 41,100 14,793 16,900 46,500 43,500 12,000 12,000 11,975 40,263 $ 331,839 $296,295 $ 360,687 $ 447,597 $ 477,200 $ 29,603 5,864 8,809 7,118 11,883 13,403 21,205 1,519 1,676 1,394 3,658 113 1,088 2,271 150 150 260 5,515 5,930 5,341 37,835 37,715 36,600 18,495 31,061 70,614 1,213 4,697 110 110 352 744 1,188 407 315 12,503 12,408 12,792 181,787 190,116 228,424 27,694 31,448 29,930 3,642 5,591 9,766 1,246 1,154 10,000 10,000 23,000 23,000 1,600 1,800 1,000 1,500 3,000 43,000 300 300 5,600 5,600 6,000 6,000 45,000 45,000 71,500 65,000 5,000 5,000 200 200 500 500 1,000 1,000 13,000 13,000 260,000 260,000 35,000 35,000 14,500 14,500 2,000 2,000 200 500 40,000 Grinding Service Contract 10-4710-3200 TELEPHONE, POSTAGE, INTERNET 1,546 3,139 4,501 (6,500) $ 316,754 $348,077 $ 436,417 $ 498,200 $ 532,400 $ 34,200 517,200 517,200 $ (517,200) Dump Truck $ (S17,200) $ > S $648,593 $644,372 $ 797,104 $ 1,462,997 $1,009,600 $ (453,397) 2023-2024 Budget PLANNING ACTUAL DEPT BUDGET REQUEST OVER/UNDER ACCOUNT NUMBER PERSONNEL SERVICES 10-4910-0000 Salaries & Wages 10-4910-0200 PART TIME 10-4910-0900 PAYROLL1 TAXES 10-4910-1000 LGERS 10-4910-1100 Prudential 01K 10-4910-1200 Insurançe Benefits 10-4910-1400 WORKERS COMPENSATION TOTAL PERSONNEL SERVICES OPERATING EXPENSES 10-4910-1960 PROFF FEES 10-4910-2900 MATERIALS AND SUPPLIES 10-4910-2910 UNLEADED ANDI DIESEL 10-4910-3000 CONTRACTUAL SERVICES 10-4910-3020 TECHNICAL: SUPPORT 10-4910-3100 TRAVEL AND: SCHOOLS 10-4910-3200 TELEPHONE, POSTAGE, INTERNET 10-4910-3500 REPAIR ANDI MAINT 10-4910-3700 ADVERTISING 10-4910-4000 MEMBERSHIP AND DUES 10-4910-4020 MISC 10-4910-4210 TOURISM AND ECONOMIC DEV 10-4910-4500 INSURANCE TOTAL OPERATING EXPENSES CAPITAL OUTLAY 10-4910-5400 CAPITAL OUTLAY TOTAL CAPITAL OUTLAY PLANNING TOTAL DESCRIPTION 19/20 ACTUAL 20/21 ACTUAL 21/22 22/23 FY23-24 22/23 LINE DESCRIPTION 50,000 69,600 2,139 6,400 7,700 6,500 8,500 2,500 3,500 6,600 8,700 500 500 26,890 27,075 27,959 30,200 29,900 (300) 1,300 2,000 1,000 2,100 2,022 2,178 485 304 $ 28,912 $ 29,739 $ 30,401 $ 102,700 $128,400 $ 25,700 8,971 60,247 68,679 84,000 70,000 (14,000)NC152 Study and McGill (21,500) 589 984 279 462 12,315 6,430 4,250 9,834 1,178 711 824 1,077 2,888 2,872 2,705 2,384 1,091 225 185 6,955 7,000 5,357 5,593 411 22,500 1,000 1,358 1,500 1,500 2,375 10,000 20,000 8,416 12,000 20,000 50 3,000 3,000 1,739 2,000 2,000 298 2,000 2,000 3,575 4,000 3,000 500 1,000 232 200 200 7,008 7,100 7,200 5,609 5,700 5,700 10,000 Contract Abatement and Planned tree removal 8,000 GIS Software and IWORQ (1,000) 500 AICP, GISP, CFM, ASFPM 100 Annual reoccuring. Contract needed $ 47,402 $ 98,004 $ 99,750 $ 154,500 $ 136,600 $ (17,900) 108,687.26 $ 108,687 65,000 $ 65,000 $ 65,000 65,000 Truck, Plotter and Pole Camera $ $ $ 76,314 $ 236,429$ 130,151 $ 257,200 $ 330,000 $ 72,800 2023-2024 Budget RECREATION ACTUAL DEPT BUDGET REQUEST OVER/UNDER ACCOUNT NUMBER PERSONNEL SERVICES 10-6120-0000 SALARIES ANDI WAGES 10-6120-0100 OVERTIME 10-6120-0900 PAYROLLTAXES 10-6120-1000 LGERS 10-6120-1100 PRUDENTIAL 401K 10-6120-1200 INSURANCE BENEFITS 10-6120-1400 WORKERS COMPENSATION TOTAL PERSONNEL SERVICES OPERATING EXPENSES 10-6120-2900 MATERIALS AND SUPPLIES 10-6120-2910 UNLEADED AND DIESEL 10-6120-3000 CONTRACTUAL SERVICES 10-6120-3015 CHRISTMAS ACTIVITIES 10-6120-3020 CHRISTMAS IN THE GROVE 10-6120-3025 COMMUNITY BUILDING EXP 10-6120-3035 PARADE EXPENSES 10-6120-3045 MISC EVENTS EXP 10-6120-3100 TRAVEL AND SCHOOLS 10-6120-3200 TELEPHONE, POSTAGE, INTERNET 10-6120-3300 UTILITIES 10-6120-3500 REPAIR AND MAINT 10-6120-3700 ADVERTISING 10-6120-4000 MEMBERSHIP AND DUES 10-6120-4020 MISC 10-6120-4500 INSURANCE 10-6120-6940 LITTLE LEAGUE EXP PROGRAMMING TOTAL OPERATING EXPENSES CAPITAL OUTLAY 10-6120-5400 CAPITAL OUTLAY TOTAL CAPITAL OUTLAY REACREATION TOTAL 19/20 ACTUAL 20/21 ACTUAL: 21/22 22/23 FY23-24 22/23 53,350 54,490 53,114 61,000 61,900 479 2,812 3,500 3,500 4,189 4,376 4,237 5,000 5,100 6,414 7,900 8,000 2,551 3,300 3,300 8,020 8,700 8,700 LINE DESCRIPTION 900 100 100 2,339 15,097 6,436 $ 74,975 $ 65,781 $ 77,150 $ 89,400 $ 90,500 $ 1,100 87 362 39,936 41,113 46,125 40,000 43,000 13,335 19,399 7,988 8,200 8,000 5,019 250 1,349 3,000 3,000 22,141 11,608 11,799 15,000 15,000 4,690 760 5,124 5,800 6,000 4,032 4,691 7,085 8,000 8,000 94 138 256 1,500 1,500 553 546 564 800 800 813 810 539 600 600 2,310 1,875 800 800 611 570 265 1,100 1,000 427 263 800 800 608 111 500 500 3,000 (200) 200 Increased parade costs 7,879 8,754 7,462 8,000 8,000 (100) 6,451 6,729 6,888 7,000 7,000 10-6120-5420 PARKS ANDF REC- NON CAPITAL 18,984 5,056 4,045 15,000 15,000 3,682 3,417 6,971 29,000 30,000 1,000 Change Name to) Youth Sports 5,000 Request to add- proposal attached 5,000 $ 131,044 $ 104,202 $ 109,316 $ 145,100 $1 154,000 $ 8,900 13,607 $ 13,607 $ 17,000 $ 17,000 $ (17,000) $ (17,000) 5 $ 219,626 $ 169,984 1$ 186,465 $ 251,500 $ 244,500 $ (7,000) 2023-2024 Budget FARMER'S DAY ACTUAL DEPT BUDGET REQUEST OVER/UNDER ACCOUNT NUMBER OPERATING EXPENSES 10-6230-2900 MATERIALS AND SUPPLIES 10-6230-3100 TRAVEL AND SCHOOLS 10-6230-3700 ADVERTISING 10-6230-4020 MISC 10-6230-7200 ENTERTAINMENT 10-6230-7300 SOUNDI EQUIPMENT 10-6230-7400 FIREWORKS 10-6230-7500 T-SHIRTS 10-6230-7600 RENTALS 10-6230-7700 PORTA-POTTIES TOTAL OPERATING EXPENSES FARMERS DAYT TOTAL 19/20 ACTUAL 20/21 ACTUAL 21/22 22/23 FY23-24 22/23 LINE DESCRIPTION 5,396 185 38 28 3,005 1,552 326 177 9,850 4,200 3,500 5,326 4,708 1,218 1,007 1,200 1,200 200 100 672 900 1,000 28 500 500 12,250 9,100 12,000 1,750 3,500 4,500 7,610 5,300 5,500 5,533 4,500 4,000 2,216 $ 1,400 1,600 (100) 100 2,900 Addition of evening portion + old fashion evening 1,000 Additional expense with evening 200 No tank- tops this year (500) Decrease because oft tent re-arranging. 200 Increase inp price from last year 128 281 $ 37,567 $ 2,351 $ 31,065 $ 26,600 $ 30,400 $ 3,800 $ 37,567 2,351 $ 31,065 $ 26,600 30,400 $ 3,800 2023-2024 Budget DEBT ACTUAL DEPT ACCOUNT NUMBER DEBT PAYMENTS BUDGET REQUEST OVERIUNDER DESCRIPTION 19/20 ACTUAL 20/21 ACTUAL 21/22 22/23 FY23-24 22/23 10-9140-7650 PRINC- AUTO FIRST HORIZON 10-9140-7651 INT-AUTO- -FIRST HORIZON 10-9140-7600 PRINC- - FIRE TRUCK- PINNACLE 10-9140-7601 INT - FIRE TRUCK- PINNACLE 10-9140-7610 PRINC- 333 N MAIN1 - USDA 10-9140-7611 INT-333 N MAIN1 - USDA 10-9140-7620 PRINC-333 N MAIN2 -USDA 10-9140-7621 INT- 333 N MAIN2 -USDA 10-9140-7630 PRINC SEWER1 - DENR 10-9140-7631 INT- SEWER1 - DENR 10-9140-7640 PRINC- SEWER2- - DENR 10-9140-7641 INT-S SEWER2 - DENR 10-9140-7500 COPIER LEASE TOTAL DEBT PAYMENTS 38,266.66 704.17 61,927.18 66,600 33,300 (33,300) (1,700) 4,629.06 4,700 3,000 47,332.20 49,000 49,000 53,527.80 52,000 52,000 7,316.06 7,910.94 8,000 8,000 8,000 8,000 209,489.60 125,600 125,600 21,680.90 17,400 17,400 84,000 84,000 4,400 6,000 4,400 6,000 4,645.37 1,282.63 $ 472,574 $ 467,830 $ 457,430 $ 425,700 $ 390,700 $ (35,000) $ 472,574 $ 467,830 $ 457,430 $ 425,700 $ 390,700 $ (35,000) DEBT TOTAL TOWN OF CHINA GROVE FEE SCHEDULE 2023-2024 Adopted. June 6, 2023, fees subject to change by Council. ADMINISTRATIVE FEES Copies of Individual Ordinances Copies per Page Peddler or Solicitor Permit (30 days) Transient Vendor Permit (30 days) Returned Check Fee Credit Card Convenience Fee $1 10.00 $ 0.25 $ 25.00 $100.00 $_35.00 3% COMMUNITY BUILDING RENTAL FEES In-Town Resident (No Alcohol) In-Town Resident (No Alcohol) % Day In-Town Resident (with Alcohol) In-Town Resident (with Alcohol) V2 Day Out-of-Town Resident (No Alcohol) Out-of-Town Resident (No Alcohol %2 Day Out-of-Town Resident (With Alcohol) Out-of-Town Resident (With Alcohol) % Day Deposit for use of Community Building PARKS & RECREATION FEES FARMERS DAY 10XI0SPACES Food Beeth Vendor $300.005325.00 $175.00 $500.00 $525.00 $325.00 $500.005525.00 $325.00 $700.90$725.00 $475.00 $200.00 $300.00 Additional Day $450.00 $225.00 $175.00 $100.00 $10.00 per ft. $85.00 $ C 85.00 $150.00 $-30.00 $ 5 50.00 $ 75.00 Full Day Food Service (up to 25 feet) AM Only Food Service (up to 25 feet) Snack Food Vendor (Limited cooking on site, 10X10 max space) Additional Space Craft Beeth Vendor 10x1 10 Space 10x20 Space Civic Beeth Vendor 10x 10 Space 10x2 20 Space Farmers Market Vendor 10x10 Space 10x20S Space Power 110 Power 220 Water PARADE Entry Fee Professional Float Vendor Permit Late Fee (after due date) OTHER Programming Fee FREE $ 30.00 $-30.00 $40.00 $ 1 10.00 $35.00 $650.00 $30.00 $50.00 Varies Add-Ons $35.00 $50.00 $50.00 $675.00 $50.00 POLICE DEPARTMENT FEES Fingerprinting Accident Reports Off Duty Officer LSV Permit LSV Permit Renewal $10.00 $ 2.00 $30.00/ per hour, per officer $50.00/ first year $10.00 PUBLIC WORKS DEPARTMENT FEES Use of Town Truck (First Time) Use of Town Truck (each additional time) Use-efTewA-Puek-fer-Hazardeus-Materials $ 50.00 $100.00 $09.90plus-adéitienahtippingfes $ 2.00$ 4.00e each $ 4.00$ 6.00each $ 4.00$ 6.00each $ 8-00$10.00 each $ 14.00 each $ 22.00 each Time plus material Time plus material Cost of Engineering Review $50.00/per hour $75.00/per hour $11.50/per month Car Tires Car' Tires (with rims) Truck Tires Truck Tires (with rims) Commercial Tires Commercial Tires (with rims) Curb Cut Curb Cut with Concrete Apron Stormwater Application/Reyiew Fee Cleanup Cost per Violation Man Hour (min. 1 hour) Equipment plus operator (min. 11 hour) Garbage Fee CODE ENFORCEMENT Cleanup Cost Administrative Fee Actual Cost $ 75.00 FIRE DEPARTMENT FEES Annual Fire Inspection No Charge PLANNING AND ZONING FEES Copy of Ordinance Zoning Map 24"x3 36' Zoning Permits Single Family Duplex Multi-Family Non-Residential Change of Use Sign Home Occupation Permit Rezoning Conditional Zoning Application Special Use Permit Zoning Text Amendment $2 25.00 $ 10.00 $ 30.00 $-30.00545.00 $-50.00$100.00 $ 50.00 $-30.00$50.00 $ 40.00 $ 30.00 $500.00 $750.00 $500.00 $1000.00 $500.00 $1000.00 $ 500.00 Cost of Engineering Review $ 150.00 $ 150.00 $ 100.00 $ 50.00 $150.00 $250.00 $-150.905250.00 $ 250.00 Residential Addition or Accessory Building $ 15.00 Major Subdivisions Master Plan Application Major Subdivision Preliminary Plat Major Subdivision Construction Plans Major Subdivision Final Plat Major Subdivision Plans Revision: Minor Subdivision Final Plat PUD Master Plan and Rezoning Application (Minor Revision) $ 50.00 (Major Revision) $ 750.00 + Cost of Engineering Review $ 350.00 + Cost of Engineering Review Exception Plat Site Plan Review Variance Appeal Vested Rights DEVELOPMENT FEES Annexation Application Street Closing Petition UDO' Text Amendment Application ENGINEERING FEES $ 250.00 $1000.00 $1000.00 PROFESSIONAL FEES Senior Principal II IlI IV $235 -3- Principal - Regional Manager-Director Practice Areal Lead Senior Project Manager Project Manager Project Engineer Engineering Associate Planner- Consultant- Designer Engineering' Technician CAD Operator- - GIS Analyst Construction: Services Manager Construction, Administrator Financial Services Manager Grant Administrator Construction Field Representative Environmental Specialist Surveyor Surveying Associate Survey Technician Survey Field Technician Administrative Assistant EXPENSES a.N Mileage $0.655/mile $195 $170 $180 $155 $120 $105 $105 $95 $80 $130 $100 $125 $110 $85 $85 $90 $70 $75 $65 $70 $205 $185 $195 $165 $130 $110 $115 $110 $85 $145 $115 $135 $120 $95 $95 $100 $75 $80 $70 $75 $220 $200 $200 $175 $140 $115 $135 $115 $95 $160 $125 $145 $135 $100 $100 $110 $80 $85 $75 $85 $225 $210 $205 $180 $150 $120 $150 $125 $100 $170 $130 $155 $145 $105 $105 $115 $85 $90 $80 $95 CHINAGROVE ComeGrowwithUs Ano original town. MEMORANDUM To: Mayor Seaford and Town of China Grove Town Council members From: Franklin Gover, Assistant Town Manager Date: April26",2023 Title: Resolution of Support for Rural Community Capacity- - Implementation Grant Action Request by Town Council Motion to approve resolution of support Required Votes to Pass Required Action Majority of council members present Summary The Town of China Grove was selected to participate in the Rural Community Capacity (RC2) building program in 2022. Participant communities in the RC2 program are encouraged to apply for Rural Community Capacity-I Implementation funds. Town staff recommends supporting this resolution to apply for $49,999 ini implementation funds. The implementation funds would be used to cover design costs for downtown revitalization projects. 333 N. Main Street, China Grove, NC 28023 I Phone 704.857.2466 I Fax 704.855.1855 "naccordance withl Federcil lcw andu.S. Depariment of Agricullure, policy this institutionis! prohbiedtomd CisCimnaling on the basis ofrcice, color. nationcorigin age, discbiily, religion. sex. iamiicis sialus. sexucic Ofientation. and; repriscl. (Not cl prohbited bases apply 1oc cl! programs)." TOWNMANAGER Ken Deal TOWN CLERK Pamela! Mills TOWNA ATTORNEY Tom Brooke MAYOR Charles Seaford TOWN COUNCIL Don Bringle Arthur Heggins Chery! Sheets Rodney Phillips Steve Stroud TOWN OF CHINA GROVE Resolution of Support Application for North Carolina Department of Commerce Rural Transformation Grant Fund Rural Engagement & Investment Program Rural Community Capacity Building Implementation WHEREAS, China Grove Town Council has indicated its desire to assist in development efforts within WHEREAS, the Town of China Grove was previously awarded a Rural Transformation Grant for Downtown Revitalization Project which will result in the public investments to the downtown area of WHEREAS, the Council intends to begin design and implementation of the proposed Downtown WHEREAS, the Council wishes to pursue a formal application for Capacity Building Implementation for Project Design Services in the amount of $49,999 from the North Carolina Department of Commerce, NOW, THERFORE, BE IT RESOLVED, by the China Grove Town Council: That China Grove is authorized to submit a formal application to the North Carolina Department of Commerce, Rural Transformation Grant Fund, Rural Engagement & Investment Program in order to provide assistance to downtown China Grove; and China Grove including streetscaping and wayfinding; and Revitalization Project; and Rural Transformation Grant Fund, Rural Engagement & Investment Program. benefit China Grove Downtown Revitalization Project. That this Resolution shall take effect immediately upon its adoption. Adopted this the second day of May, 2023 in China Grove, North Carolina. Charles Seaford Mayor ATTEST: Pamela L. Mills, CMC Town Clerk 333NN Main Street. China Grove, NC: 28023 I Phone (704)8 857-2466 I Fax (704)855-1855 "In accordunce with Federal luw and U.S. Department of Agriculture policy. this institution is prohibited) frome discriminating on the busis of race, color, national origin, age. disability. religion. sex. familial status, sexual orientation, and reprisal. (Not all prohibited bases apply to all progrums). CHINAGROVE ComeGrowwithUs Ano origindtown. MEMORANDUM To: Mayor Seaford and Town of China Grove Town Council Members From: Franklin Gover, Assistant Town Manager Date: April26,2023 Title: JJKane Auctioneers- Stormwater Control Measures Surety Bonds Action Request by Town Council Motion to accept the proposed surety bonds Summary JJKane Auctioneers has provided surety bonds to guarantee the construction and maintenance of two structural stormwater control measures. Chris Brown, of McGill and Associates, has reviewed and approved the estimated costs. Fiscal Considerations The surety bond ensure the required stormwater control measures are constructed and maintained for the first two years fulfilling our NPDES permitting requirements. 333 N. Main Street, China Grove, NC 28023 I Phone 704.857.2466 I Fax 704.855.1855 "In accorcance with! Fecerall lcw ancU.S. Depcriment of Agricullue polcy this msiitutionis, prohipledio: isctmnding on the! basis ofrcce, color, nationcl origin, age. CiscDiily, religion, sex, fomiliol siCius, sexudomendhon, cnd reprisci. (Noi C#; DronDiledt Dbases apply to c!; progroms. 7095057-809057 coumbs-gneringeon 2862BufordHighway Suite: 200-Duluth,GA 30096 Columbia Engineering LANDPLANNERS- CMILI ENGINEERS LANDSCAPE/ ARCHYECTS SURVEYORS April 10, 2023 Franklin Gover Assistant Town Manager Town of China Grove 333 N. Main Street China Grove, NC28023 Subject: JJK Kane Auto Auctioneers - China Grove Stormwater Control Measure Estimate Dear Mr. Gover: Based on the information provided to me byt the contractor the construction estimate fort the stormwater control measures (two wet ponds) can bet found in the table below: Pond A Excavation Erosion Control Contingency (25%) Pond B $ 18,734.40 Excavation $1 10,923.00 Erosion Control $ 10,883.60 Contingency (25%) 8,202.40 $ 3,309.60 16,404.80 4,101.20 20,506.00 Pond Structures/ Pipe $ 13,877.00 Pond Structures/ Pipe $ 4,892.80 Subtotal $ 43,534.40 Subtotal Total $ 54,418.00 Total Ify you have any question or need any additional information please contact me anytime. Cheers, /72023 SEAL 049632/ VGINEER A dEK6 Damien Di Vittorio, PE divitorio@rolumba-engineerng.com 312-437-2610 Franklin Gover From: Sent: To: Cc: Subject: Chris Brown ChrisBrown@megilassocatescom> Monday, April 24, 20235:04PM Franklin Gover Doug Chapman RE: CHINA GROVE, ALTEC-JJKANE- Bonds Good. Afternoon Franklin, acceptable. Regards, Chris The attached Bonds for Wet Ponds A&B, JJKane Project, have been reviewed and are found to be 1 MGriff MCGRIFF INSURANCE: SERVIÇES, INC. SURETYDIVISION 22117THAVENUE, SOUTH BIRMINGHAM, AL 35233 PHONE-205252-9871 (MAIN) Willl King 205/986-7001 (Direct)' Wil.king@megifi.com LETTER OF TRANSMITTAL To: Riley Browne Date: 4/4/2023 *PLEASE BE: SURE TOI KEEP A COPY OF ALL DOCUMENTS FOR YOUR REÇORDS* We are sending you: LP Bond Continuation Certificate Invoice No. ofCopies: Consent of Surety Change Order! Supplemental Agreement Performance & Payment Bond Certificate of Insurance Contractors License Bond Performancel Bond Description: Performance and Maintenance Bonds for Town of China Grove **Please review and notify ify you should have any questions, ori if changes or amendments are needed.* These are transmitted as checked below: Information and/or necessary action Foryour file Returned for corrections As requested Please sign as indicated and return 4 Fory your use Remarks: OVERNIGHT Copy to: Signed: Will King Ifenclosures are not as noted, kindly notify at once. 2019/Letter ofTransmittal PERFORMANCE BOND Bond Number: K41656943 KNOW ALL BYTHESE PRESENTS, That we JJ. Kane Associates, Inc. as Principal, hereinafter called Principal, and Federal Insurance Company hereinafter called Obligee, in the amount of Fdy Fourl Thousand Four! flundredFighecaa ando 00/100 truly to be made, the said Principal and Surety bind themselves, and their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by top provide al Bond for pond A. Excavation, Pond Structures/ Pipe, Erosion Control NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, Thati ifl Principal shall promptly andi faithfully perform said agreement, then this obligation is void, otherwise to remain in full force ande effect. a IN corporation, as Surety, hereinafter called Surety, arel held and firmly bound unto Town ofChina Grove Dollars ($_ 54,418.00 these presents. as Obligee, for the payment ofv which sum, well and WHEREAS, as acondition of sald Town of China Grove requires Principal PROVIDED, HOWEVER, That: 1. Its shall be a condition precedent to any right of recovery! hereunder, that in event of any default on the part of the Principal, a written statement of the particular facts ofs such default shall be forwarded to the Surety, within sixty (60) days of the occurrence of such default, delivered by registered mail to Surety at its Home Office in. 202B Halls MiLI Road, Whitehouse Station, NJO 08889 2. That no action, lawsuit or proceeding shall be had or maintained against the Surety on this Bond unless the same be filed and properly served upon the Surety within one year from the effective date of the cancellation of the Bond. 3. That no right of action shall accrue under this Bond to or for the use ofa person or entity other than the Obligee, andi its successors and assigns. 4. This Bond shall become effective_ Apri14,2023 5. This Bond shall continue int fulli force and effect until canceled by the Surety by providing thirly (30) days written notice to the Obligee. 6. The liability of the Surety shall in no event exceed the aggregate penal sum of 7. Ifany conflict or inconsistency exists between the Surety's obligation or undertakings as described in the Bond and as described in the underlying the Bond penalty. document, then the terms oft the Bond shall prevail. INWITNESS WHEREOF, The said Principal has signed and sealed this Instrument on this_ 4th day of April 2023 HLKmAssociales Inç: 14 INWITNESS WHEREOF, The said Surety has signed and sealed this instrument on this_ 4th day of. April 2023 Federal Insurance Company "MeskWfhmaal Mark W. Edwards, II Altomeyin-Fact CHUBB Powerof Attorney Federallnsurance Companyl Vigilant Insurance Companyl Pacific Indemnity Company Westchester Fire! Insurance Companyl ACE American Insurance Company Know Allhy Thesel Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, al New York corporation, PACIFICI INDEMNITY COMPANTLaWissonsine corporation, WESTCHESTERF FIRBI INSURANCE COMPANYa andA ACEA AMERICANT INSURANCECOMPANY isadastawafkemaseami do each hereby constitute and appoine Anna Childress, Mark W. Edwards I, Alisa B. Ferris, Robert R. Freel, Richard H. Mitchell, Wiliam M. andleffreyl M. Wilson ofBirmingham, Alabama; RobertReadDavise ofAtlanta, Georgla; RichardE. Daniels ofPensacola, Florida andRobertM. Verdin Smith ofMetairie, Louisiana eachasthelrtrue: andk lawfulA Attoraey-ln-Facttoe executer undersuch destgrationl Int theirnamesa andt toa affiat thelre corporates sealst to andd dellver forandont thelr! oro otherwisa, bonds and undertakings ande other writingso obligatory int ther naturet thereof (othert than bal!! bonds) gven ore executedt ini thec course ofbusiness, behalfas anda surety Instruments thereon smendingeraltering thes same, ando consents tothe modication ora akeration ofany! instrument refemedto! Ins sald bandso ord obligations. Inv Wimess Whereof, sald FEDERALI INSURANCE COMPANY, VIGILANTI INSURANCE COMPANY, PACIFICI INDEMNITY COMPANY, WESTCHESTER FIREI INSURANCE COMPANY andA ACE AMERICAN INSURANCE COMPANY) havec eache executed: anda attestedt thesep presents anda afixedt thelr corporstes seals on this 274 dayofApr1,2021. any! DowYn. enloes Irn MChkx NsanIN srtry Atml Muphen MI llany. VicePnsuent 00000 STATEOFI NEW' JERSEY Countys ofH Hunterdon Ont this2 274 dayo ofApril, 2021 beforer me, a! Notary! Publicc afNewj fersey. personally came! Dawn M.C Chloros ands Stephen M. Haney,: tor mek knownt tob be Assistant Secretary and Vice President, rspecliveb,afFEDERALI INSURANCECOMPAMY, VIGILANTI INSURANCECOMPANY, PACIFICI INDEMNITY COMPANY, WESTCHESTERI FIREI INSURANCECOMPANY: andA ACE AMERICAN! INSURANCE COMPANY, thec componles whih executedt the foregoing Powero ofA Attorney, and thes sald Dawn M.C Chloros ands Stephen M Haney, being! by mes duly sworn, severally ande each for herself and himself did depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereaf, thatt thes seals aflxedtod che foregolng Powerc ofArorneya ares such corporate seals and weret thereto affbed by authorityo ofsald Companies; andt thatt theirs signatures as such oflicers wered duly afleda ands subseribedt byl Ikes suchortty. Notarlals Seal KATMERINE. . ADELAAR NOTARV PUBLIC OFI NEW. JERBEV No, 2316885 Commtssion Egpires ky 10, 2024 CERTIFICATION Mora Resolutions adopted by the Boards oft Directors of FEDERALI ENSURANCE COMPANY, VIGILANT INSURANCE COMPANY, andp PACIFICI INDEMNITY COMPANY on 30, 2016; WESTCHESTER! FIREI INSURANCEC COMPANYon! December11, 2006; andA ACE AMERICANI INSURANCE COMPANY on! March? 20,2 2009: "RESOLVED, thatt thes followiaga suthoriaations nelatet tothee execution, fora ando oul behalfolibe Company, albonds, woderakingt recophances, coatractsa ando othery writtenc () Each of the Chalnuen, the President and the Vke Presidents of thec Companyishereby audkorized toexerutes anyV Written Commitment forandambeharafhet (2) Eacho daly appolnteda antomey-la-facte ofthe Camparvylsberely: authorizedtoe executee anyWriten Commirment fora andonbehalfefcet Company, underti thes sealafthed (3) Each af the Chalrman, che President and the Vice Presldents af thec CapyHhymhanin, forandon behalfe ofthe Company, toappolntins writng any the fact Company with fullp powr anda authorityres ececute. for ando on bebalfo ofthed Company, under the sealefthed Companye therwise. suchv Wrirten Commitmentso peraon ofched attomay-in- may specibied mi suchy written appointment which specifcation mayh beb by pneralt type or dassaf Written Commtments or bys specificationof one ar more particular Company Writen (4) Esch of the Chairman, the President and the Vice Preridents af thec Companylah herebya authorined, fora andonbehalfo ofthe Company, to delegatel lo thea authorryt toeecuts. forando onbehalf of the Company. under the Company's sal ar etherwise, suchy Written Commitmanuofthe Company wiiagtoa as ares speciliedi anyo other insac ellicere writen ofthe delegation, whichs specificanon may be by gmneral sypeore dassof Wrirten Commitments orb byspedlicatione efoneore morep particular Written Commitments. (3) Thes siguture afany oflicer other persone exerutinga any Writen Commiment or appointment ord delrgtiong parsuent tot thisR Resolution, andu thes sajo oltbe Company, FURTHERR RESOLVED, that the foregoing Resolution shall not bedermedu tobesne exclusives statemente efthep powersa anda authorityo ofollicers employuesa ando otherp personst tosa for andoab behalfofthe L,Dawn! M. Chioros, Assistant Secretarys of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFICI INDEMNITY COMPANY, WESTCHESTERI FIRE1 INSURANCE August: ofthe Company Company, undertheseal Companyore otherwise, ealeredi itol Inthec ordiuaryn coursee elbusiness (eacha "Wntend Commimenr"): athet Compauyara oderwise, athe ndent thars sucha sctoni byche panto dfpaweragrovardlorias suhperton'swrimens appolatosents assuchs aitomey-in-fact. farsimileons such Written Comnmment or written apponment ard delegaion. Company, ands such Resolutions shallsotlimito or otherwisea aflectthee emerciseo ofanysuchp power orsothoritye otherwises validly grantedors vested." COMPANY and ACEA AMERICAN INSURANCE COMPANY (the" Companlef)dohereby cerdfythat () thef forgoingResclutions: adoptedb byt the Boardo ofDirectors ofthe Companles: aret true, correcta andinf full force ande elfect, thef foregolng Power ofA Artorneyist true, corect andi Inf fullf force ande ellect. Givent underr my hand ands sealso ofsaldo Companiesat Whitehouse Station, NI,this April 04, 2023 maybea albdby D) Dg 0wm.ENOIR Iknn MChtns. leNni Mtry YOUV WISH TOVERIFYT THSA AUTHEMTICITYO OF THISI BOND ORI NOTTYU USOF ANYO OTHERD MATTEL PLEASECONTACTISAT Teksphonef90m2 Fax(998)903-: 3656 sPchahbrem. Combhned. FEDVIGPWPCANCA (rev 11-19) PERFORMANCE BOND Bond Number: K41656955 KNOW ALL BY1 THESE PRESENTS, That we 1. Kane Associates, Inc. as Principal, hereinafter called Principal, and Federal Insurance Company a. IN corporation, as Surety, hereinafter called Surety, are held and firmly bound unto_ Town ofChina Grove as Obligee, hereinafter called Obligee, in the amount of Twenty Thousand Fivel Hundred ands Sixe and 00/100 trulyt to be made, the said Principal and Surety bind themselves, and their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by WHEREAS, as a condition of said Town of China Grove top provide al Bond_ for pond B- Excavation, Pond Structures/ Pipe, Erosion Control NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, ThatifF Principal shall promptly and falthfully perform said agreement, then this obligation is void, otherwise to remain Int full force and effect. Dollars (S_ 20,506.00 these presents. for the payment of which sum, well and requires Principal PROVIDED, HOWEVER, That: 1. Itshall be a condition precedent to any right of recovery hereunder, thati in event of any default on the part of the Principal, a written statement of the particular facts of such default shall be forwarded to the Surety, within sixty (60) days of the occurrence of such default, delivered by registered mail to Surety at its Home Office in. 202B Hal's Mill Road, Whitehouse Station, NJ 08889 2. That no action, lawsuit or proceeding shall be had or maintained against the Surety on this Bond unless the same bet filed and properly served upon the Surety within one year from the effective date of the cancellation of the Bond. 3. That no right of action shall accrue under this Bond to or for the use ofa person or entity othert than the Obligee, and its successors and assigns. 4. This Bond shall become effective_ April4,2023 5. This Bond shall continue int full force and effect until canceled by the Surety by providing thirty (30) days written notice to the Obligee. 6. The liability of the Surety shall in no event exceed the aggregate penal sum of 7. Ifa any conflict or Inconsistency exists between the Surety's obligation or undertakings as described in the Bond and as described in the underlying the Bond penally. document, then the terms of the Bond shall prevail. INWITNESS WHEREOF, The said Principal has signed and sealed this instrument on this_ 4th day of_ April 2023 Bt Pisand INWITNESSV WHEREOF, The said Surety has signed and sealed this instrument ont this_ 4th day of April 2023 Federal Insurance Company MakM.fhasa Mark W. Edwards, 11 Allomey-in-Fact CHUBB Power of Attorney Federall Insurance Company! Vigilant! Insurance Companyl Pacific Indemnity Company Westchester Fire Insurance Companyl ACE American! Insurance Company Koow Allby7 Thesel Presents, chat FEDERAL INSURANCE COMPANY, an! Indiana corpondon, VIGILANT DSURANCE COMPANY,aNewY York corporation, PACIFICI IDEMNITY COMPANY/aWiscomsiae corporation, WESTCHESTERI FIRED INSURAKCECOMPANY. andACEA AMERICAMINSURAKGEG COMPANYO as efPennsylvanla, doe each hereby constitute and appoint Anna Childress, Mark W. Edwards 1, Alisa B. Ferris, Robert R. Freel, Richard H. Mitchell, Wiliam M. Smith and! JeffreyA M. Wilson ofE Birmingham, Alabama; Robert Read Davis ofA Atlanta, Geargla; RichardE. Daniels ofPensacola, Forida andRobertA M. Verdin eachasti theirtruen andi tlawfulA Attornay-n-FactD toe executeu unders sucho designationt in their names ande toaffht thetre corporates sealst to andd deliverf fora and ont thelrbehalfass thereon atherwise, bonds andt undertakings ande other writngs obligatory! Int thes aature thereof (ocherd than bafl bonds) given ore etecuted in the course ofb business, and anyt Instruments smendingoraktering the same, ande consents tother modification ora aheration ofany! instrument referredto! insald bondso ord obligations. Inv Witness Whereot, said FEDERALI INSURANCEC COMPANY, VIGILANT INSURANCE COMPANY, PACIFICI ENDEMNITY COMPANY, WESTCHESTERI FIREI ENSURANCE COMPANY and/ ACE ANERICANT INSURANCE COMPANY! have eache executed anda atlestedt these presents anda aflixedt thelr corporate sealso on this 27-4 daye ofApri1,2021. ofMetairie, Louislana or suretyd pOY. CoAes Iwn M43hns, Asistaniserta) Atnl Nephen MI llancy. VkvPnsdunt 00000 STATEOFI NEW IERSEY Countyo ofHunterdon Oat this 27- daydfApri, 2021 beforer me,al Notary Publled ofNew) Jersey. personally came Dawn! M. Chloros ands Stephen! M.F Haney, to mel known tol beA Assistant Secretary and Vice President, respectively, eFFEDERAL SUAAGICONPANLVEILAITI ENSURANCE COMPAMY,PACIFICI INDEMNITY COMPANY, WESTCHESTER: FIREI INSURANCECOMPANY, and/ ACE AMERICANI INSURANCE COMPANY, thec companies which executedt thef foregaing Power afA Attorney, and thes sald Dawnl M. Chloros ands Stephen M.I Haney, being! byr med dulys sworn, severally ande each for) herself and himself did depose and say that they are Assistant Secretary and Vice President, respectively, aff FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIREI INSURANCE COMPANY andA ACE AMERICAN INSURANCE COMPANY andi know the corporate seals thereol, thatt thes seals afledt tot thet (oregoing! Power ofAttorneya ares such corporates sesls and weret thereto aflxed! by. authority ofsald Companles; andthatd their signatures ass such ofleers were dulya afled ands subseribedb byl like suthority. Notarial Seal ATMERINE, ADELAAR PUBLIC OP! NEW. JERSEY 6885 16, CERTIFICATION a Resolutions adopted by thel Boards ofD Directors ofF FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFICI INDEMNITY COMPANY an Aupist3 30, 2016; WESTCHESTERI FIREI INSURANCE COMPANYO ont December11,2006; and ACE AMERICAN! INSURANCE COMPANY on! March2 20, 2009: "RESOWED, thaet theR followinga authoraations relacetot thee erecution, for anda anbehalfe ofthe Company, olbonds, underakings, recopizances, contracts and. ether wrinene (1) Each ef the Chairman, the President andt the Vice Presidests of teCompanyisherby autiorized toexecutea ayW Writen Commitment fersioabehaifefthet Compan. onderthesea) (2) Eache daly appointed sttomeyiafacte eftheCompany! isherby. asthorizedtoe ecureanyV Witten Commitment! fora ande enbehalfofthe Company, underd chesalafthe Cempayorelharwtiw. 0) Each ef the Chairman, dhe President and the Vice Presidents ofce Companyk hereby. sutherized, feraadonb behalfofde Company,t toa appolntiawriting my person the attormey-tn- fact of de Company with Mp poww anda autheriytoenum for ad on behalfe efthe Company, oder dhes slo ofche Comparye orotherwisa such Wiinen Commtmentse ofthe Compary specifledia such written appointment, which specification may beby genera! upee er dassof Written Commitments or by spedilcation ef one or mores particelar Written (4) Each a the Chairmm, the President and the! Vice Presidents af the Compaay ishereby. ancheriaed, forand on behali ofche Company. to drlegate ins writing to any other allicere ofthe sucherieytorw. ferandonb behal of the Cempany, under the Cempany's R or othervwise, such Written Commitments althe Company are spedliedins such wrinen which specification my be by general ypeor dlassef Written Commitments er byspeilcaiondfene rmoreparteuar Wvinend Commimments. () The signature of anye efficere er otherp persone execudag sy Writn Commimment ors sppolocent ord delepiionp pursusor tot dis! Resolution, andu thes sl ofthe Compeny. mayb be aflaedby FURTHERE RESOLVED, dhat the forgoing Reslution shall aot bed dermedt tobea ane eaasives statemente ofthey powes endauthoritye efoflicers empleyeesande orherp personstosct fora aodeabehalfofthe 1,Dawn M. Chloros, Assistant Secretary OfFEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFICI ENDEMNITY COMPANY, WESTCHESTERI FIREI INSURANCE afthe Company mieredintoinchee ordnrye courseefbusimest (escha" "Writtend Commment") ofthet Cempanyo ore oterwise. tothes ent that sacha achenk the pant afpowersp provided lorias sochpersoa's writtes appolatment tasucha sttoney-ln-fact. onsachy Writtes orv wiien Appointmente or delepation. Company,a and surh Resalonons shall linktore otherwisen flectthee eeriseal ofmysuchp powera ar authoritye atherwie validys pmtrdorvened" the! foregoing! Resolutions adopted! by the Board ofDirectors ofthe Companiest aret tne, correct andinf fulf force ande effect, COMPANY dA ACEAMERICAN INSURANCE COMPANY (the" Companardohereby cerulythat thef foregoing Powere ofArtoreyistrue, correct and Inf full force ande ellect. Givent undern my! handa ands sealsofs sald Companies aWhitehouse! Station,? N,this April 04, 2023 ( Oow-m.eous Rwn Vchkeh, ANnINRr) SH ERIFY1 TKEA AUTHENTICTYOF THIS BOMDORK USOFA ANYO OTHER MATTER PLEASEC CONTACTUSAT Telephene (90919 903- 3493 Fax(908)903- 3656 emaik sunyehe on Combined: FEDVIG-P-WICANC (rv1 11-19) ANNUALI MAINTENANCE BOND Bond No. K41656967 Federal Insurance Company bound unto KNOW ALL MEN BY THESE PRESENTS, that we, JJ. Kane Associates,Inc. as Surevrehaldandhmy, Principal, and licensedt to do businessi int thes State of_ NC Town of China Grove (Obligee), in the penal sum of Sixteen Thousand! Seven) Hundred and 00/100 Dollars (S 16,700.00 lawful money of the United States of America, for thep payment ofv whichs sum, well andi truly tol be made, the Principal and! Surety dol bind themselves, their heirs, executors, administrators, and successors and assigns, jointlya and severally, firmly byt these presents. WHEREAS, the Principal enteredi into a Contract with the Obligee for pondA. Excavetion, Ponds Struchres Mpe, ErosionControl ("Work"). NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION ISSUCH, that ift the Principal shallr maintain and remedys said Work freef from defects in materials and workmanship for a period of. 1 year(s) commencing on acceptance, then this obligation Notwithstanding the provisions of the Contract, thet term oft this bond shalla apply from, 4th day of April nonrenewal byt the Surety, nor thei failure ori inability of the Principalt tot file ar replacement bondi int the event ofr nonrenewal, shallitself constitute al losst to the obligee recoverable undert this bond or any renewal or continuation thereof. Thel llability of the Surety under this bond and all continuation certificates issued in connection therewith shall not be cumulative and shalli in no event exceed the amount as set forthi in this bond or in anya additions, riders, or endorsements properly issued FURTHERMORE, any claims made against this bond must! be presented, via certified mail, return receipt requested, within shalll be void; otherwise its shall remain inf full force and effect. 2023, until 4th day of. April 2024 andr may! be extended byt the! Surety! by Continuation Certificate. However, neither by the Surety as supplements thereto. 30 days oft thee expiration date listeda above tot the following address: Sealed with our seals and dated this 4th dayof_ April 2023. J..Kane Asspciates, Inc. Principal By: Name and1 Title:_ Federal Insurance Company By: MankWFlwo MarkW. Edwards.L, Attorney-in-Fact Presidect F CHUBB Power of Attorney Federall Insurance Companyl Vigilant insurance Companyi Pacific Indemnity Company Westchester Fire insurance CompanylA ACE American InsuranceC Company Koow AllbyThese Presents, that FEDERALI INSURANCE COMPANY, anl Indlena corporation,' VIGILANT INSURANCE COMPANY,. New) York corporation, PACIFIC INDEMNITY COMPANT/AWisomsine corporation, WESTCHESTERI FIRET INSURANCEG COMPANY and/ ACEAMERICANT INSURANCEO 5 ofPennsylvanle, do each hervby consticute and appoint Anna Chlldress, Mark W. Edwards I, Alisa B. Ferris, Robert R. Freel, Richard H. Mitchell, Wilam M. Smith and! jeffreyN M. Wilson of Birmingham, Alabama; Robert Read! Davisof Atlanta, Georgla; RichardE.Danlels ofPensacola, Florida and Robert M. Verdin cachast theiru truea and! lawfulA Artorney-la-Facttoe executeu unders suchd destgnation! In their mmes ande coa aflxt thelro carporate sealtoa anddellver fora andond chelrb behalfassurety thereon ore etherwisa, bonds andi undertakings ando other writings obligatory! tnt the nature thereaf (otherd thant bail bonds) given ore executedh in thec course ofbusiness, and any! instruments ameadinge oraiteringt thes same, ando consents tothen modilcationo or alteratton ofany! Instruments refored tolns said bondso ord obligations. Inv Winess Wberect, sald FEDERALI INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFICI INDENNITY COMPANY, WESTCHESTERI FIREI INSURANCE COMPANY andACE AMERICANT INSURANCE COMPANYI have eache etecuted anda attestedt thesep presents endi aflledt theire corporstes sealso ont this 27 taye ofApri1,2021. ofMetairie, Louisiana pOLY. entores lkn M.Chkns, Assistants sretry Atnk stuphen) MI Hancy. Vicel Prusdnt mcbe ( STATEOFN NEW! JERSEY County ofH Husterdon Ont this 27 day afApri, 20211 before me, a Notary Publlc ofNew) Jersey, personally camet Dawni M. Chloros and Stephenl M.I Haney, tor mek lnown tob be/ Assistant Secretary and Vice Preskdent, repastiwly.fFEDERALT IMSURANCECOMPAHL, VIGILANTI INSURANCE COMPANY, PACIFICI INDEMNITYG CONPANY, WESTCHESTER: FIREI INSURANCEC COMPANY andACE AMERICAN INSURANCE COMPANY, thec companies which ececubed the foregoing Power of Attorney, and thes sald Dawal M.C Chloros and Stephen) M. Hanry, being! by me dulys swom, severally and each fort herself and! himself did depose and say that they are Assistant Secretary and Vice President, respectively, afF PEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIREI INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof, thatt thes seals ahcedu tothe! foregolng Powero ofAtorney. ares suchc corporates seals and weret thereto aliedb by authority ofsald Companies; andt that thetrs signatures as such offlcers wer duly afled ands subseribed byl likes authority. Nouartals Seal ADELAAR NOTARY PUBLIC OF w, JERBEY Na. 2310888 Oommision 10. Ebptres. ly CERTIFICATION le - hy Resolutions adopted by theB Boards of! Directors of FEDERALI INSURANCE COMPANY, VIGILANTI INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August3 30, 2016; WESTCHESTERI FIREI INSURANCEC COMPANY onD December 11,2006; andA ACEA AMERICAN INSURANCE COMPANYO an! March: 20,2 2009: RESOLVED, chatd tbe followinga athortrations relare lothes encutien, fora aade ont behalfo afthe Cempeny, ofbonds, endertakings recognitances, coatracts ande other writens () Each df che Chairman, che President and the Vice Presidents of dec Companyisberby authortad toencutes yV Wyiten Commimoeat leradembehafafaat Company. undertheseal (2) Eachalya appolntad tbafeabewy, Ishervbye euthoriredtoe erctaayy Wrirtna Commimoeae forande ImbarsfosCapuy: underthes sealofded Company oro otherwise, (3) Each the Gairm, the Prenideot and the Vice Presidents of thec Compaay! hereby uthortad, forandon behafefteCapy soappaintinwriking any penon the attomry-in- pedied sach writtena appointmeot, whih specification mayb bel by general types ore dass of Wriuen ment or by spectfication af one ar more particular Writen () Hack of the Cainman che President and the Vice Presidents af the Companyt lalerhy authortaed, fur ando onbelalfo dfde Company, to delegate lo wriiagtoa anye echer edicer ofde (5) Thes siguature ef mys ollorre or oder persone excuting ayV Written Comminente er appeintment or deleptiens purpant tot this Resoktien, andu thes s afthed Company. my! be alivedby RURTHERR RESOLVED, that the feregoing Resolution shall not be deemedt tobea ane excusives statenente efthep powers druhersycfelar: emplayertande otherp personst toactfora and eabehalfefthe ,Dawn M. Chloros, Assistants Secretary ofF FEDERALI INSURANCE COMPANY, VIGILANTI INSURANCE COMPANY, PACIFICI INDEMNITY COMPANY. WESTCHESTERI FIRE INSURANCE althe Cempany esteredi latoin weerdamycoured efbusiness (cecka" WrimnC Commttment") oftheCompunyer etherwise. suchactionis athorisedtyd de pante owers providedferk sch pervon's wrhnen fact Compaay wh M power mmahriyera lor and en behalf ofthe sac atony-ct under dhes ae ofdeCompeny s socbWriest tmentsolthed Company suhoriypeuma forandoabehalf. af the Compaay, undr thec Compeny's adl er otherwise. puch Wrimeoc which spedification may be by general opeer cassef Winen Cemmitments or byn tpedificationsfone- particdary Wricten Coms otsofthed pedledins suchy written suckv Wia Commitsentt orv written sppointmeatord delegation Cotpany. ads suck Resolutiens shallet Hmk or otherwisea flect thee exercisee ofanys suchg power crauthoritye etherwises validlys pmtedorvasted" theforegoing! Resolutions adopted! byt thel Board ofDirectors ofthe Compankes aret true, correct andinf fullf forces ande effect, COMPANY andA ACE AMERICANT INSURANCE COMPANY (the Companles") dohereby certify that u) theforegoing Powero of Attorneyist true, corcta andlofuli forces ande effect. Givenundern myh hand ands sealso ofsald Companiesa aty Whitehouse Station, NI, this April 04, 2023 Oown-m.ENOIR 0000 Ikn Vchknn Asnsan Nuniary INTHEE YouT WISH7 TOVERIFYT THBA AUTHENTICTY OP1 THISI BONDO oR NOTIFYO USOFA ANY OTHERI MATTERFLEASE CONTACT SATI Telephons (9081903-1 3493 Fax(908)903- 656 Combined FED-VG-PWFICANC (nv. 11-10) AMNUALMAINTENANCEH BOND Bond No. K41656979 Federal Insurance Company bound unto KNOW ALL MEN BY THESE PRESENTS, that we, JJ. Kane Assoclates, Inc. as asSurety, arel Principal, held andf firmly and licensed to dol businessi int the State of NC Town of China Grove (Obligee), in the Thirteen Thousand: Seven Hundred and 00/100 Dollars ($ 13,700.00 ), lawful money of penal the United sum States of of America, for thes payment of whichs sum, wella andt trulyt tol be made, thel Principal and Surety do bindi themselves, their heirs, executors, administrators, and successors and assigns, jointly and severally, firmly byt these, presents. WHEREAS, the Principal entered into a Contract witht the Obligee for ponds- Excavation, Ponds Strvcturev/Pipe, ErosionContel ("Work"). NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION ISS SUCH, thati ifthe Principal shallr maintain and remedysaldWork freef from defectsi in materials and workmanshipi for a period of 1y year(s)o commencing on acceptance, then this Notwithstanding the provisions of the Contract, the term of this bond shall apply from_ 4th day of April nonrenewal by the Surety, nor the failure ori inability oft the Principalt to file ar replacement! bondi int thee event ofr nonrenewal, shalli itself constitute: a loss to the obligee recoverable under this bond or any renewal or continuation thereof. The liability oft the Surety under this bond and all continuation certifiçates issued in connection therewith: shall not be cumulative and shall in no event exceed the amount as set forthl Int this bond ori in any additions, riders, ore endorsements properly issued FURTHERMORE, any claims made against this bond must be presented, via certified mall, return receipt requested, within shall be void; otherwise its shall remain Int fullf force and effect. obligation until_ 4th dayo of_ April 2024 and may bee extended! by the Surety! by Continuation Certificate. However, neither 2023, byt the! Surety: as supplements thereto. 30 days oft thee expiration datel listed above tot the following address: Sealed with our seals and datedt this 4th day of April 2023. J.J. Kane_Agsociates, Inc. - Name and1 Title:. Federal Insurance Company By: Makw.Ehsda Mark W.Edwards. I, Attorney-in-Fact Presider! E CHUBB PowerofA Attorney FederalInsurance Company! Vigilant Insurance Companyl Pacific Indemnity Company Westchester Firel Insurance Company/ACE American Insurance Company Koow Alby Thesel Presents, that! FEDERAL INSURANCE COMPANY, a! Indlana corpention, VIGILANT INSURANCE COMPANY,aNewY Yorke corporation, PACIFICI INDEMNITY do each herchy constinute and appoint Anna Chlidress, Mark W. Edwards H, Allsa B. Ferris, Robert R. Freel, Richard H. C-hashaas and JeffreyM. Wilson ofe Birmingham, Alabama; RobertRead! DavisofA Atlanta, Georgla; RichardE.Daniels ofPensacola, Florida Mitchell, andRobertM. Willam M. Smith COMPANT/AWscmsiae corporation, WESTCHESTERFIRE! RSURANCECOMPANY, andACEA AMENCDSANSAICNPANE corporitionsofthe ofMetalrie, Louislana Verdin eacha ast theirtruea andlawfulA Attormeyin-Facttoe executer unders sucho destgnation! Int their namesandtor afthetre corporates seaistoa andd erc atherwise, bonds andu undertakings ando other writings obligatory! In then nature thereof (otherd chan ball bonds) given ore executed deliverfora la thec course mending ora alteringt thes same, ande consents tot then modilfcationora akeratione dfanyh instrument refered cotns saldl bondsor abligations. lav Witness Whereof, sald FEDERALI INSURANCE COMPANY, VIGILANTI INSURANCE COMPANY, PACIFICI INDEMNITY COMPANY, WESTCHESTER! FIREI INSURANCE COMPANY and/ AGEA AMERICAN INSURANCE COMPANYI have eache executed anda attestedt theses presents anda afledt theire corporete sealse ont this 274 dyofApri1,2021. and ont thelrb behelfass suretythereon afbusiners, anda any! Instruments pOY. enoes Ikn MChlonas Asistan! Seretary Atml Stephen M Hancy. VicuPrusiden! 0000e STATEOFNEW) IERSEY County ofHunterdon Onthis 274 day ofApril, 2021 beforen me,a Notary Publice ofNew! lersay, personally came Dawnl M. Chloros ands Stephen! M. Haney, to mel knownt to! beA Assistant President, respectively, OFFEDERALI INSURANCECOMPANY, VIGILANTI INSURANCE COMPANY, PACIFICE INDEMNITYO COMPANY, WESTCHESTER: FIREI INSURANCECOMPANY, Secrrtary andy andA ACE Vice AMERICANI INSURANCE COMPANY, thec companles which executedt thef foregoing! Power ofA Attorney, andi thes saldi Dawnl M. Chloros and Stephen) MI Haney, being by med dulys swom, severally ande each for herself and himself did depose and say that they are Assistant Secretary andv Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know thec chereo( thatt thes seais aflned tothet foregoing Powere ofActomey ares sucho corporate seals and weret thereto allbed! by. anthority ofsald Companles; andt thatt thetr corporate such seals signaturesass oflcers wered dulya afed ands subseribedbyllke: suthority. Notartals Seal KATMERINE, d ADELAAR NOTARYI PUBuC OFN NW JERSEY Na 231 10085 Epires July 16, 2024 CERTIFICATION o bhe Resolutlons adopted byt the Boards ofD Directors dfFEDERALI INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFICI INDEMNITY COMPANY on WESTCHESTERI FIRE! INSURANCEC COMPANYO onl Desember11,2006; and ACEA AMERICANT INSURANCE COMPANY onl March2 20,2 2009: "RESOLVED, thaet the Collevring suthorizations relatet tot thes soscution, ferande opk behalfe afthe Company. afbonds, aadertakings recopinasces, ceatracts other 2016, August 30, ntel htheordioarye coanofbusinest (eacba-wrhen Commitmear") Companyore otherwise. actemeya fat aftbe thats ando wrinene commicmentso afthe Cempary underu tes salofthe Companyore etherwise. (4) Each of the Chaimen, the President and thev Vice Presidents wraCmpuyibeney sutherlaed toencutes aWritten Commitest feramdonbahutfofues Compay. underthesal sutherizedtoe asaute BRyV Wittenc Comitmeatk Eut#pmmpwaalw lasucb, persa's witten apol maMraCA assuc sttomylo-lact 3) Chairman the President and the Vice Presideats af theC Compeayis hereby athetaed, forandon behalfofthe Company, tpappeintins witlng pedied fas rach written appointment, whichs specificstion may bel by pneral vpe er dassof wtten Commitmenti er bys speciicatien of one or more particular afthe Compeny Wriren (4) Each the Chaimman, the President and de Vice Presidents ef the Companyia berby aithoriaed, forande eabebalfo ofched Company. to delegatel lo witingto anye othere oflioer efthe horicytoerkut; fora andonbrhalf of the Comtpeny. under the Company's sedo or odherwisa. such Writtvn Commlanents aftbe Company ssares speciledi insuchy which specifioation may be by genral tpeer dassof Wiites Commiuneais ar by spedlicatione oned or morep panicar Wrinen Commiments (5) signahre of any elioere er other perene eecuting ayV Written Commicnente or appolatment or delegations purmaant to chis Resnlution, add the salo afthe FURTHERI RESOLVED, thar the foregoing Resolution shall not bed deemedt tobea ane enchsives statenente ofthep powers ndateriyafeller. employees ande otherp toact form anda sak Compeg. ends such Resolutions shall notk liakare echerwises aflett thee erercisee afanys suchy powere ora autherityetherwiser validly panteder vested," ,Dawn! M Chloros, Assistant Secretary of FEDERALI INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFICI INDEMNITY COMPANY, WESTCHESTER: FIREI INSURANCE thel foregolng! Resolutions adoptedbyt the Boardo ofDirectors ofthe Companles aret true, correcta andin! A force ande effect, the ompany with Aultp power and arthoritye eecute, fer and a behalf (the shlle Witten Commitmento writena appointmeste ordelegation, under the sealofde Compe otherwise, sucbWriren Coma ary peron the altorey-la- wrinen Company. maybe afledby behalfofthe persons COMPANY andA ACE AMERICAN INSURANCE COMPANY (the" Companles)doh herebye certlfye that theforegoing! Power ofA Attorneylstrue, correct andinf fullf forces ande effect. Givent under myhand and sealso ofsaldo Companles atWhitehouse! Station, NL this April 04, 2023 pe - Oow-m.ENus tknn Mthkns ANints MTuty VENTI YOUV MS rov VERIFYT THEA ICIY OF THIS sowp oR NOTINL SOF ANYO THERI MATTERP PLEASEC CONTACTL USAT: Telephene (9009 903- 3493 Fax(9081 903- 656 Combined. FEDVISPWFICAAC (nv. 11-19) ROWANEDC PARTNERSHIPfor: ECONOMICDPVEIOPMENT SALISBURY,NC Beanoriginal. Date: April 24, 2023 To: Charles Seaford, Mayor Cc: Ken Deal, Town Manager Franklin Gover, Assistant Town Manager Pamela Mills, Town Clerk From: Scott Shelton, Vice President Re: Request for public hearing to consider incentive agreement amendment for Macy's, Inc. Dear Mayor Seaford and Council Member, Irespectfully request that the Town Council schedule a public hearing for June 6th to consider possible changes or amendments to the incentive agreement previously approved for Macy's, Inc. llook forward to providing you detailed information regarding this request in the coming days. Please do not hesitate to contact me with any questions you may have and thank you for supporting our efforts. Yours truly, Sett Shell Scott Shelton Vice President 204 E. Innes St., Ste. 220, Salisbury, NC28144 704.637.5526 I info@rowanedc.com www.rowanedc.com CHINAGROVE ComeGrowwithus Anoriginal town. MEMORANDUM To: Mayor and Town Council From: Pamela Mills, Town Clerk Date: April26,2023 Title: 911 South Main Street Offer Action Request by Town Council Possible motion to adopt a Resolution proposing the sale of two parcels identified as Rowan County Tax Parcels 104 135 and 104 109 and consisting of approximately .80 acres ofl land for $30,000.00 subject to the upset bid procedure. Required Votes to Pass Required Action Majority present at meeting Summary The Town acquired Rowan County Tax Parcels 104 135 and 104 109 November 6th, 2018 as a gift from Andrew Manus. Council declared the land surplus at the April 4th, 2023 regular meeting. The current tax value for Parcel 104 135 is $81,530.00 and Parcel 104 109 is $35,250.00. The Town has received an offer to purchase the parcels for NCGS 160A-269 permits the Town to sell property by upset bid, after receipt of an offer for the property. These standards for selling the property through this process are clearly described on the attached resolution. Starting the bidding process does not lock the Town Council into selling the property. Any and alll bids can be rejected at any time, $30,000.00. for any reason up until the time a purchase agreement is signed by the final high bidder. Fiscal Considerations Assuming a value of the initial appraised total of $116,780.00, putting the properties back on the tax rolls will generate annual property tax revenues of $653.97. Alternative Courses of Action and Recommendation 2. Table this action to ai future meeting. 1. Motion to adopt the Resolution Authorizing the Upset Bid Process for 911 South Main Street. 3. Take no action. 333 N. Main Street, China Grove, NC 28023 I Phone 704.857.2466 I Fax 704.855.1855 "hnaccorcknce wihfedercikw CincU.S. Deparment Oi Agriculture! policy this institutionis! PoMeCReNCRceNVN on thet basis ofiace, color, ncionconig cige. discbity, religion. sex, familicis sialus. sexual Orieniation andreprisc. (Noi ap prohbiledbases apply 1o c# Drograms). TOWNM MANAGER Ken Deal TOWN CLERK Pamela Mills TOWN ATTORNEY Tom Brooke ITIA MAYOR Charles Seaford TOWNCOUNCIL Don Bringle Arthur Heggins Rodney Phillips Cheryl Sheets Steve Stroud TOWN OF CHINA GROVE Resolution Authorizing the Upset Bid Process for Selling Certain Town-Owned WHEREAS, the Town of China Grove ("the Town") owns certain property known as the "911 WHEREAS, said property consists of approximately 0.80 acres of land which can be further identified as Rowan County Property Identification Numbers 104 135 and 104 109, recorded in Rowan County Deed Book 1318, Page 608 prepared by Thomas M. Brooke, and recorded on November 8, 2018 in Map Book 9995, Page 615 in the Rowan County Public Registry; and WHEREAS, North Carolina General Statute $ 160A-269 permits the Town to sell property by WHEREAS, the Town has received an offer to purchase the property described above, in the THEREFORE, THE TOWN COUNCIL OF THE TOWN OF CHINA GROVE RESOLVES 1.7 The Town Council authorizes sale of the property described above through the upset bid 2. Jason Overcash will pay to the Town the required five percent (5%) deposit on his offer in the 3. The Town Clerk shall cause a notice of the proposed sale to be published. The notice shall describe the property and the amount of the offer and shall state the terms under which the offer 4. Persons wishing to upset the offer that has been received shall submit a sealed bid with their offer to the office of the Town Clerk within 10 days after the notice of sale is published. At the conclusion of the 10-day period, the Town Clerk shall open the bids, if any, and the highest such bid will become the new offer. If there is more than one bid in the highest amount, the first such Property known as "911 South Main Street" South Main Street" located at 911 and 0 South Main Street; and upset bid, after receipt of an offer for the property; and amount of $30,000.00, submitted by Jason Overcash; and THAT: procedure of North Carolina General Statute $ 160A-269. amount of $1,500.00 in a form acceptable to the Town Attorney. may be upset. bid received will become the new offer. 5.Ifa a qualifying higher bid is received, the Town Clerk shall cause a new notice of upset bid to be published and shall continue to do sO until a 10-day period has passed without any qualifying upset bid having been received. At that time, the amount of the final high bid shall be reported to 6. A qualifying higher bid shall be one that raises the existing offer by not less than ten percent (10%) of the first $1,000.00 of that offer and five percent (5%)of the remainder oft that offer. 7.A qualifying higher bid must also be accompanied by a deposit in the amount of five percent (5%) of the bid. The deposit may be made in cash, cashier's check, or certified check. The Town shall return the deposit on any bid not accepted and will return the deposit on an offer subject to upset if a qualifying higher bid is received. The Town will return the deposit of the final high 8. The terms of the final sale are that: a) the Town Council must approve the final high offer before the sale is closed, which it will consider within 30 days after the final upset bid period has passed, b) the buyer must pay with cash, certified check or acceptable electronic funds transfer at the time of closing, and c)buyer and the Town may execute such other and further agreements as 9. The Town and the final successful bidder will negotiate and execute such other and further documents as are reasonable, necessary and appropriate to consummate the conveyance of the 10. The Town reserves the right to withdraw the property from sale at any time before the final 11.If no qualifying upset bid is received after the initial public notice, the offer set forth above is hereby accepted. Should this occur, the appropriate Town officials are authorized to execute the the Town Council. bidder at closing. they deem appropriate. property to bidder, including but not limited to, a purchase and sale agreement. high bid is accepted and also reserves the right to reject at any time all bids. documents described in Section 9 above to. Jason Overcash. Adopted this 2nd day May 2023. Charles Seaford Mayor Attest: Pamela L. Mills, CMC Town Clerk Page 1of4 Type: CONSOLIDATED REAL PROPERTY Recorded: 11/8/2018 12:19:23 PM Fee Amt: $26.00 Page 1of4 Revenue Tax: $0.00 Rowan, NC J.E. Brindle Register of Deeds BK 1318 PG608 See Addendum This certifies that there are no delinquent ad valorem real estate taxes, which the Rowan County Tax Collector is charged with collecting, that are a lien on: This is not a certification that the Rowan County Property dentification Number Property Identification Number See Addendum matches this Deed description. Tonya Parnell Rowan Co. Tax Collections Manager Clerk BED 11-08-2018 11:13:02 Date/Time NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax:: $0 Tax Map/ /F Parcel: 104109,135 Recording Time, Book and Page Mail after recording to: Brooke and Brooke. Attorneys, PO Box 903 China Grove, NC 28023 This instrument was prepared by: Thomas M. Brooke BriefDescription: SI Main! Street China Grove THIS DEED madet this. 24th - day of September, 2018 by and between GRANTOR Andrew L. Manus and Bonnie M. Manus P.0. Box 1295 China Grove, NC 28023 GRANTEE China Grove, al North Carolina Municipality 333 North Main Street China Grove, NC: 28023 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel ofl land located in the city of China Grove,. China Grove_ Township Rowan County and more particularly described as follows: Submitted electronically by "Brooke and Brooke Attorneys" in compliance with North Carolina statutes. governing recordable doçuments and the terms of the submitter agreement with the Rowan County Register of Deeds. Book: 1318 Page: 608 Pageiof4 Page 2of4 See Attached Exhibit' "A" All or a portion of the property hereinabove described was acquired by Grantor by instrument recorded in AI map showing the above described property is recorded in Plat Book, 9995, Page 615, and referenced within TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the Book. 798 Page 234 Rowan County Registry. this instrument. belonging tot the Grantee in fee simple. exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: Subject to any Rights of Way, General Easements, Restrictions and Exceptions of record which may affect the subject INWITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed ini its corporate name byi its duly authorized officer(s), the day and year first above property. written. Alas Andrew L. Manus Bonnie M. Manus Bmmia Y. MN-(SEAL) NORTHI CAROLINA, ROWAN COUNTY I, the undersigned Notary Public of the County or City of Bowan and State aforesaid, certify that Andrew L. Manus and Bonnie M. Manus personally appeared before me this day and acknowledged the due exeçution oft the foregoing instrument for the purposest therein expressed. Witness my hand and Notarial stamp or seal this audayd of Sapfemales ,20_6. My Commission Expires: Lll-aa pamnaOnduraen Notary Public Print Notary Name: Soanna EAnderson Joanna E. Anderson Notary Public Rowan County, North Carolina Book: 1318 Page: 608 Page2of4 Page 3of4 EXHIBIT "A" TRACT ONE: described as follows: Lying in the Town of China Grove, on the east side of South Main Street, and more particularly BEGINNING at an existing iron int the East margin of South Main Street, said existing iron in the East margin of South Main Street, said existing iron being 281.37 feet North 28 deg. 00 min, East from a nail in the margin of said street, the northwest corner oft the property ofF.H. Kimball, and runs thence with the margin ofs said street South 28 deg. 00 min. West 135.47 feet to an iron; thence South 63 deg. 00 min. East 140 feet to a stake int the canter of the right of way ofthe Southern Railway Company; thence with the center ofs said right of way North 28 deg. 00 min. East 135.47 feet to a stake; thence North 63 deg. 00 min. West 140 feet to aj point of BEGINNING, as shown on the map of the property ofLeroy W. Overcash, dated August 31, This conveyance is made subject to the right of way of South Main Street and the right of way of 1972, by Zackie L. Moore, Surveyor. the Southern Railway Company. TRACTTWO: Lots 7,8,9, 10 and 11 as shown on the map oft the property ofP. Jonas Kirk Estate by P.M. Carter, Surveyor ofNewton, North Carolina, dated August 13, 1948 and recorded in Book of Maps 9995, Page 615i in the office oft the Register ofl Deeds for Rowan County, N.C. PROPERTY: DESCRIPTION Filcl No.:03754-CGMamus Page lof! Book: 1318 Page: 608 Page3of4 Page 4 of4 Tract/Lot.1 Parcel ID MAP S/M PAR S/P U/IN L/IN C/C PART INT 104 135 D 3 Rowan County Assessor's Office Tract/Lot2 Parcel ID MAP S/M PAR S/P U/IN L/IN C/C PART INT 104 109 3 Rowan County Assessor's Office Book: 1318 Page: 608 Page 4of4 PARID: 104 109 Parcel CHINA GROVE NC MUNICIPALITY OS MAIN ST COMMERCIAL GOVT EXEMPTION 104 109 01304C: : CHINAG GROVE 04C 238: CHINAGROVE 106 TOWN OF CHINAGROVE HB-1 HB-HIGHWAY BUSINESS F-FULLY EXEMPT 16-VACANT GOVERNMENTAL L7-11 OSMAINS ST 100.0000 Parcel ID: Twp/NBHD: ESN: Tax Dist: Zoning: TR Class Land Use/Strat: Legal Desc: Prop Address: Undivided Interest: Owner Mailing Account: Owner 707205 CHINA GROVE NC MUNICIPALITY Mailing Address 333 NN MAIN ST CHINAGROVE NC 28023 Owner Year: Land 2023 Line: LT: Land Code: Notes: 1 FFC-FC FRONT FOOTAGE Units: Acres: SqFt Base Rate AdjF Rate: Adj %1 1: Adj %2: Land Value .373 16,250 .373 16,250 600 -50 35,250 35,250 Total: Valuation Appraised Land: Appraised Building: Appraised Total: Deferred: Exempts/Excluded: Taxable Total: Field Notes Number: Note: 35,250 0 35,250 0 -35,250 0 4 3 2 1 FULLY EXEMPT EFF 2019 ASPHALT PAVING-NV 11 INF APPEAL-CHG LASVE R/RI ROW STAMPS FOR2TRACTS ROBINSLY HOUCKNC CV3000 01/17/19 03:35 06/20/14 12:00 05/10/93 12:00 GASKEYRE 04/04/11 12:00 Date Printed: Last Update by: Last Update: Recorded Transaction 04/25/2023 09:31 EOY ROLL 02/03/2022 Sale Validity Price Code X Date Book Page Instrument Grantee CHINAGROVE NC MUNICIPALITY MANUS ANDREWL&WF BONNIE M JIM NEELY ENTERPRISES INC 08-NOV-2018 1318608 WD-WARRANTY DEED 0 17-JUN-1997 798 234 WD-WARRANTY DEED 60,000. X 16-JUN-1997 798 233 WD-WARRANTY DEED 0 24-APR-1989 690 0086 SALE-SALE- C 73,500 CONVERTED PARID: 104 135 Parcel CHINAGROVE NC MUNICIPALITY 911 S MAIN ST COMMERCIAL GOVT EXEMPTION 104 135 01304C: : CHINA GROVE 04C 238: CHINA GROVE 106 TOWN OF CHINA GROVE HB-1 HB-HIGHWAY BUSINESS F-FULLY EXEMPT 06-IMPROVED GOVERNMENT L2-6 911 S MAIN ST 100.0000 Parcel ID: Twp/NBHD: ESN: Tax Dist: Zoning: TR Class Land Use/Strat: Legal Desc: Prop Address: Undivided Interest: Owner Mailing Account: Owner 707205 CHINA GROVE NC MUNICIPALITY Mailing Address 333 NI MAIN ST CHINA GROVE NC 28023 Owner Year: Land 1 FFC-FC Total: 2023 Line: LT: Land Code: Notes: Units: Acres: SqFt: Base Rate Adj Rate: Adj%1: Adj%2: Land Value .4339 18,900 .4339 18,900 600 79,380 79,380 Building Summary Card: Type: Description COM 1.1 OBY ASPHALTPAVING Built: EffYr: Grade 1953 1978 D+- 1970 1993 SF Area: Value: 3,062 4,300 2,150 1 0 Valuation Appraised Land: Appraised Building: Appraised Total: Deferred: 79,380 2,150 81,530 0 Exempts/Excluded: Taxable Total: Field Notes Number: Note: 4 3 2 1 -81,530 0 FULLY EXEMPT EFF 2019 15 INF APPEAL-CHG BASV STAMPS FOR2TRACTS ROBINSLY 01/17/1903:31 ROBINSLY 03/17/15 12:00 GASKEYRE 03/23/11 12:00 11 INF APPEAL-CORRECT SKETCH CHG EYB CV3000 05/10/93 12:00 Building Summary Card: Type: Description COM 1.1 OBY ASPHALT PAVING Built: EffYr: Grade 1953 1978 D+- 1970 1993 SFArea: Value: 3,062 4,300 2,150 1 0 Date Printed: Last Update by: Last Update: Recorded Transaction 04/25/2023 09:31 ROBINSLY 09/19/2022 Sale Validity Price Code X Date Book Page Instrument Grantee CHINAGROVE NC MUNICIPALITY MANUS ANDREWL&WF BONNIE M JIM NEELY ENTERPRISES INC 08-NOV-2018 1318608 WD-WARRANTY DEED 0 17-JUN-1997 798 234 WD-WARRANTY DEED 60,000 X 16-JUN-1997 798 233 WD-WARRANTY DEED 0 24-APR-1989 690 0086 SALE-SALE- C 73,500 CONVERTED 011 E D D DCmOC 25 50 100 Feet DI1DDDmOD EHT DDmmOCDI ohn S, CHINAGROVE Come Grow withUs Anoriginal ltown. FY2022-2023 Budget-to-Actual Report Period Ending March 31,2023 2022-2023 Fiscal Vear Budget GENERAL FUND 2,015,000 $ 1,551,000 $ 26,500 $ 255,000 $ 231,400 $ 34,600 $ 40,090 $ 193,000 $ 820,587 $ 5,167,177 $ 2022-2023 Fiscal Year Budget GENERAL FUND Revenue Actual Year to Date Property Taxes Intergovernmental Taxes & Fees Permits & Fees Sales & Service Transfers from Other Funds Events/Donations Grants Miscellaneous Revenues Fund Balance Appropriation Total General Fund $ $ $ $ $ $ $ $ $ $ 1,922,826 949,098 24,112 191,623 19,434 40,083 408,695 3,555,871 Percent Remaining 33% 28% 19% 30% 40% 34% 34% 1% 58% 0% 32% Expenditures Actual Year to Date Governing Body Administration Police Fire Public Works Planning & Development Recreation Farmer's Day Debt-Service- General Transfers to Other Funds Total General Fund $ $ $ $ $ $ $ $ $ $ $ 35,900 $ 511,300 $ 1,438,090 $ 737,400 $ 1,462,997 $ 257,200 $ 269,800 $ 28,790 $ 425,700 $ 5,167,177 $ 24,144 367,756 1,167,413 518,706 870,570 170,219 177,634 28,576 179,930 3,504,947