43  TOWN OF HUDSON REGULAR MEETING  July 18,2017 InA Attendance:  Members Present: Mayor Janet Winkler, Commissioners: Larry Chapman, David Irvin, Ann Smith, Carl  Wagner and Bill Warren  Members Absent: Commissioner Tony Colvard Swanson, and Town Attorney, Carroll Tuttle  Others Present: Town Manager, Rebecca Bentley, Chief of Police, Andy Day, Town Clerk, Tammy  Call to Order:  Mayor Janet Winkler called the July meeting to order, and Commissioner Carl Wagner led the audience in  the Pledge of Allegiance and opening prayer.  Discuss/Adjust Agenda:  Janet presented the July agenda, and requested the following additions:  Add: Item 7(a) - Report from HUB Committee Add: Item 8(a) - Request to Surplus Property -] Police Dept.  Motion: (Ann Smith/Larry Chapman) to approve the agenda as amended. Unanimouslyapproved.  Approval of Minutes:  Janet stated that due to a busy time with billing the 2017 ad valorem taxes, minutes for the June meetings  have not been prepared, and will bej presented for approval at the. August meeting. Public Hearing - Town Code of Ordinances Text Amendments:  Open Floor for Public Hearing Motion: (Larry Chapman/Bill Warren) to open the floor for public Rebecca stated that in searching for an ordinance in the Code of Ordinances, she discovered that the Code needs tol be updated, and she stated that we will be making these updates a few at a time.  hearing. Unanimously approved.  She presented the following updates for approval.  Divisionl  The Charter  Section: 11 Alcoholic control  Ther manufacture ofs sale ofs spirituous, vinous or malt liquor SPPMPREREHRNS: akdtowpandamyperseRNRdHIREePn-iASaidOwAShIse wllyofamidemeameFRAwpecNMAtens-seimeseFmPasonet/orsot-n the-diseretionefthecOWR-PA-1aWs4W51905/C239,5ee-s-allowedas regulated byt the  North Carolina Alcoholic beverage control commission.    44  July 18, 2017 Regular Meeting  Chapter2 Administration Article 1. Section: 2.3 Regular Meetings  Board of Commissioners  The regular meetings oft the Mayor and Board oft the Town ofH Hudson shall be! held on the first thirdTuesday ofe each month, at seven-thirty-six o'clock p.m. att the Town Hall (a) The Clerk-Treasurer (referred toi in this Code as the "Clerk") shalll be appointed annually by the Board of Commissioners. The Clerk: shall: (1) Giver notice of meetings oft the Board (2) Attend all meetings oft the Board and regularly: and fairly record all ofi its proceedings as provided in section 2.6 hereof (3) Keepa an ordinance! book as provided! ins section2.161 hereof; (4)+ Keep-trueyaeewrate/anGuseFaccoumts-efthe-dealings-andtransactions-of hefowmwhehbookealahowstalinesthetnvecemdilenolthe-aidyown, resovrcesandisainsmstedipesaNeandweokihemeniexcemingunde: hesontolokheowm (5) Keeponause-to-be-beescealmoneyecerdsondaseounts, (6) Oisbuiefunisfor-thevasou-pupeerailelemmonywhenanoppropiatientoer wehpurpose-hasbeem-madeiniaesanuatbudgetanéhedhe-disbursementis (7) Perform: such other duties as the Board may from time tot time require. (See G.S. (1) Keep true, accurate, and just books ofo accounts oft the dealings and transactions of the Town, which books shalls show ot all times the true condition oft the said Town, its resources and liabilities and the disposition and use oft the monies coming under (2) Keep or cause tol be kepti inc a: safe place all monies, records and accounts; (3) Disburse funds for the various purposes ofthe Town only when an appropriation forsuch purpose has been made in the annual budget and the disbursement) is (4) Perform such other duties ast the Boord may) from time tot time require. (See G.S.  unless otherwise designated by the Board, Officers and Employees  Article 3  Section: 2.1 Office of Clerk-Treasurer  UHHOFed-Dy-the-BoSdorcemmaRd 160A-171: G.S.159) (b) The Office of the Finance Officershall the control of the Town;  authorized by the Board of Commissioners; and  160A-171: G.S.. 159)  Chapter9 Health and: Sanitation Section 9.26 Responsibility: for administration  Article 3  Garbage, Refuse Collection and Disposal  The administration of the provisions oft this article shall be the responsibility oft the PabliewarisDepartmentanditsdiracor Town Code Enforcement Officer. Itshall be  theiro dutyt to enforce all of the provisions of this article. The PN-WeAOpmEToNN Code Enforcement Officers shall: a. Aid and assist the county and state int the application and enforcement of rules and regulations pertaining to solid waste management. Enforce locai rules and regulations pertaining to solid waste management. Issue warning notices and initiate proceedings against violators ofl local regulations. (Ord. of6/4/85) (Ord. of7/18/2017).  Section 9.27 Function and power of the responsible department.  Page 2    4  July 18, 2017 Regular Meeting  Chapter: 11-D Disorderly Conduct and Publict Nuisances Article! 1-I Disorderly Conduct Section: 11.51 Public! Drunkenness  Itshall be unlawful to anyi intoxicated person to bec on or upon any publics street ord other public Section 11.6 Drinkingin-Pulblie- Consumption or) possession of alcohol ont the publics streets and sidewalks oft the town ori inp public bulldings or Town maintained and operated parks and recreational NepersoRShaH-cOnSeA:eNe,OFdRAMRePbeEwAsheoralsgholeheweragesefamy-ind AtnepupleRaet,bseardyaleyspabiehuliangsoroFfowpasinnessmdeperstedparisand etreationalaeles0A4.H9PA96,35nanceaf8/p3/78 (a) It shall be unlawful for a person to consume a malt beverage or unfortified wine on the public streets ors sidewalks owned, occupied or controlled by the town. (b) Itshall ber unlawful forap person to possess an open container of malt beverage or unfortified wine on the public streets or: sidewalks owned, occupied or controlled by the (c) Its shall be unlawful ford any person to possess or consume. malt beverages or unfortified wine on public streets, sidewalks, alleys or parking lots which are closedt tor regular traffic (d) For the purpose of thiss section, the term "open container", means a container with as seal that has been broken orac container othert than the manujacturer's unopened original contalner, The terms' "mait beverages" and' 'unfortified wine" are definedino G.5.. 18B- (e) For the purpose of this section, alcohol consumption Is allowed att the Hudson Uptown () The board of Commissioners may adopt a resolution making other, provisions, for the possession and consumption ofr malt beverages and/or unfortified wine ats special events oft the town or ats special community festivals. Any resolutions that may! be adopteds shall provide fort the specific times, dates and geographical limitations oft the speciale event or (g) Violations of subsections (a), (b) and (c) of this section shall be misdemednors, punishable  place. facilities.  town. fors special events. 101.  Bullding (HUB) sol long as proper ABC permits are obtained.  festival.  upon conviction Inc accordance with: Section: 1.5  Rebecca stated that' Town Attorney, Carroll Tuttle, has reviewed the amendments and found that they were Bill asked ift the changes concerning alcohol are consistent with the ordinances of neighboring towns. Rebecca stated that she researched ordinances from other towns in the State, and these are very consistent Marlene Muko, ai resident of] Hudson, asked if there are ordinances addressing drugs on the streets.  acceptable.  with Waynesville.  Carroll stated that there are: federal laws governing the use ofi illegal drugs. Mary Lanaville asked how Chief Day felt about the changes. Chief Day stated that in] his opinion, the changes are appropriate.  Page 3    HHl  July 18, 2017 Regular Meeting  Close Public Hearing - Motion: (Bill Warren/Larry Chapman) to close thej public hearing. Unanimously Motion: (Larry Chapman/David Irvin) to approve the text amendments for the Code of Ordinances as  approved.  presented. Unanimously approved. Request from Hudson Fire Department:  Tommy Courtner, Hudson Fire Dept. Chief, stated that thel Haire family, residents of the Town, are doing fundraisers to help the Fire Department purchase al Lucas Device. Tommy explained how the Lucas Device works, and stated that itl basically takes the place of people doing CPR compressions in emergency situations. These devises cost between $20,000 and $15,900, and after one fundraiser, the Haire Family has raised $4,700. Tommy stated that Caldwell County has three of these devices; however, the purchase of one of these devices Tommy stated that the rescue readiness tax was: made aj part of the firet tax, which increased the fire tax for Hudson from 11 cents to 12 cents. Tommy stated that a fire tax cannot exceed 15 cents, and he would like to hold the fire tax funds to fighting fires and fire protection rather than addressing the purchase of medical equipment. Tommy stated that the Fire Department's: survival rate is up, and he asked the Board ift the' Town Tommy briefly discussed some of the operations of the Fire Department concerning emergency calls. He stated that there is ai requirement that all of their members be EMTS. Ifall of Caldwell County's ambulances were on calls, Hudson would be asked to stand backup, and the Fire Department was being paid to stand backup. Tommy stated that he made a proposal to the County for the Hudson Fire Dept. tol be paid $40,000 per year tos stand backup for the ambulance service. This proposal was not accepted by the County, and the Janet stated that it isl heru understanding that there will be additional fundraisers tol help purchase the device. Tommy stated that thel Fire Department is not actually doing any fundraising for the device. Bill asked ift the Fire Department willl be chipping in on the purchase of the equipment. Tommy stated that he does not have funds available in his budget to help purchase the equipment. Ann stated that she supports anything that would help our citizens in emergency situations, and she Motion: (Ann Smith/Larry Chapman) to donate $1,000 toward the purchase of a Lucas Device for the Hudson Fire Department, with the funds being taken from fund balance. Unanimously approved.  isr not in the Fire Department's budget.  could make a donation toward funding this device.  Fire Department nol longer stands backup.  supports giving a donation to this cause.  Report from Personnel Committee:  David Irvin, Personnel Committee Chairman, stated that the Committee met at 5:30 pm today, and he asked Rebecca stated that the Committee discussed the Town's overtime policy. Employees now have an option to take overtime in either compensatory (comp) time or paid overtime. Rebecca explained that until last year, some employees only had the option of taking comp time for overtime hours worked, and because of this, some employees have accumulated al lot of comp time. The number of comp hours that can be carried over with the current policy is 240 hours for regular employees and 480 for the police. Rebecca stated that because  Rebecca to review the proposed changes with the Board.  Page 4      July 18, 20171 Regular Meeting  comp time is considered al liability for the Town, she wanted to look at amending the Town'sPolicy tol help  employees use up of some of the comp hours they have accumulated.  Rebecca presented the following amendments:  Sections Changed)  Article II - Pay Plan  Section 12. Fair Labor Standards Act and Overtime Pay Provisions  Employees of the Town can be requested and may be required to work in excess of their regularly scheduled hours as necessitated by the needs of the Town and determined by the department head. Overtime work should normally be approved in advance by the department To the extent that local government jurisdictions are sO required, the Town will comply with the Fair Labor Standards Act (FLSA). The Human Resources Officer shall determine and recommend to the Town Manager which jobs are "non-exempt" and are therefore subject to the Act in areas such as hours of work and work periods, rates of overtime compensation, and other Employees are expected to work during all assigned periods exclusive of breaks or mealtimes. Employees are not to perform work at any time that they are not scheduled to work, unless they receive approval from their department head or supervisor, except in cases of emergency. *D Department Directors have the authority to designate whether the department's non- exempt employees will receive overtime pay, compensatory time, ora combination of both, for overtime worked. The Department Director is the final authority for the compensation method and will take. into account the department's overtime budget and Non-exempt employees will be paid at a straight time rate for hours up to the FLSA established limit for their position (usually 40 hours in a 7-day period; 171 hours for sworn police in: a 28 day cycle or 43 hours in a 7- day cycle). Hours worked beyond the FLSA established limit will be In determining eligibility for overtime in a work period, normally only hours actually worked shall be considered and vacation, sick leave, or holidays will be excluded in the computation of hours Whenever practical, departments will schedule time off on an hour-for-hour basis within the applicable work period for non-exempt employees, instead of paying overtime. When time off within the work period cannot be granted, overtime worked will be compensated in accordance Ine emergency situations, where employees are required to work long and continuous hours, the Town Manager may approve compensation at time and one half for those hours worked and/or grant time off with pay for rest and recuperation to ensure safe working conditions. *Accumulation- Non-exempt employees shal! be allowed to accumulate no more than (forty-eight) 48 hours of compensatory time, Cempensatory-eave-balanses-may-net-exceed 240-hours-excepterpwbicsaleyempl6yees-Swo.polce)wo-maynotacchue-more-tnan-480 hours. Any overtime worked after such maximum balances must be compensated inp pay. The Manager willl be notified whenever a compensatory balance exceeds-100-RouFs-reaches 48  head, Town Manager or other designee.  provisions.  Non-Exempt Employees  operational demands.  compensated in either time or pay at the appropriate overtime rate.  worked for FLSA purposes.  with the FLSA.  hours,  Page 5    N8  July 18, 2017 Regular Meeting  *Use of compensatory time Employees may: take compensatory time off withina a reasonable period following their request. Compensatory time offi must not unduly disrupt departmental operations and must have prior supervisory approval. In order to reduce the financial impact of compensatory time accruals, all available compensatory Non-exempt employees shall be paid for accumulated, unused compensatory time upon leaving their employment with the town, regardless of the reason for leaving such  time must be taken before vacation or sick leave is used.  employment. Exempt Employees  Employees in positions determined to be "exempt" from the FLSA (as Executive, Administrative or Professional staff) are paid on a salary basis and will not receive pay for hours worked in excess of their normal work periods. These employees may be granted occasional compensatory leave by their supervisor where the convenience of the department allows and in accordance with procedures established by the Town Manager. Such compensatory time is not guaranteed to bei taken and ends without compensation upon separation from the organization. In declared disaster or emergency situations requiring long and continuous hours of work, exempt employees may be compensated at a rate of up to time and one half and/or be granted time off with pay for rest and recuperation to ensure safe working conditions for the duration of  the emergency period, as authorized by the Town Manager.  Rebecca commented that the ideal use of comp time would be to use thet time during the same pay period that it was earned. However, this option does not always work due to us having a small staff. Motion: David Irvin stated that the Personnel Committee reviewed and approved the amendments, and hej presented the recommendation to the Board as ai motion. Ann Smith seconded the motion.  Unanimously approved. Report from HUB Committee:  Bill Warren stated that the HUB Committee met with members of the Arts Council on June 5th to discuss possible projects that could bel held in the downtown area and at' The HUB. Bill stated that the Arts Councils has been working to. have more of aj presence inl Hudson, and since there is room at The HUB to accommodate ai representative at the HUB, the Committee rcommendedaPproved allowing the Arts Council space to have an office at' Thel HUB. The office would not be occupied daily, but would be available for the Arts Council to use. Bill commented that the Town would continue to partner with the. Arts Council  for events, etc., which the HUB Committee feels is a win/win situation for the Town.  Budget Revisions:  Rebecca presented the following budget revisions.  Page 6    HY  July 18, 2017 Regular Meeting  Budget Rovision #17-14 Fy 2016-2017 Budgot 16-17  Budget Revision Revised 16-17 Budget  EXPENDITURES ADMIN 10-420-1090 Other Fringe Benefits 10-420-2150 Mice/Rep Bidg & Grounds 10-420-2450 Financa 10-440-2220 Equip! Lease/purchuse 10-440-2330 Dept Supplies 101-440-2450 Contracted Services Law Enforcement 10-510-1020 Salarles & Wages 10-510-1030 401K Contri 10-510-1060 Group Insurance 10-510-1070 Relirement Pubilc Works 10-550-2130 Ulilitles 10-550-2140 Travel & Training 10-550-2200 Batteries, Tire  o 2,500 10,300 6,000 143,998 3,000 1,500 8,850 138,800 438,962 20,554 79,643 33,827 4,800 807,930 4,000 200 900 83,155  350 30 -480 100 o -70 10 60 o -2,400 775 -2,200 1,275 150 -2,400 50 -100 50 o  350 2,530 9,820 6,100 143,998 2,930 1,510 8,910 136,800 436,562 21,329 77,443 35,102 4,950 805,530 4,050 100 950 83,155  Utilities Services Total Administration Total Financo Telephone Total Law Enforcement Total Publlc) Works  Budget 16-17 107,611 3,279 7,925 1,200 257,629 85,175 72,000 300 10,285 2,415 14,497 6,420 3,900 38,000 20,315 2.500 1,700 1,000 2,000 1,500 11,160 9,000 200 560 1,000 3,300 750 3,500 6,700 1,000 39,370 265,922  Budget Revision Revised 16-17 Budgot  Street Dept 10-560-1020 Salaries 10-560-1030 401k Contri 10-560-1070 NÇ Retirement 10-560-2100 Telephone Recreation 10-620-1020 Salaries & Wages 10-620-1021 Salaries & Wages, PT 10-620-1025 Salary OT 10-620-1050 FICA 10-620-1055 Medicare 10-620-1060 Group Ins 10-620-1070 Retirement 10-620-2100 Telephone 10-620-2130 Utilities 10-620-2150 Mice/Rep Bidg & Grounds 10-620-2155 Landscaping 10-620-2160 Mice/Repi Equipment 10-620-2220 Equip/Lease Purchase 10-620-2270 Gasoline 10-620-2310 Auto Supplies 10-620-2330 Dept Supplies 10-620-2331 Chemical: Supplies 10-620-2332 Prog Supplies Misc 10-620-2349 Dept Supplies-Swimming 10-620-2370 Sales Tax 10-620-2450 Contracted: Servicos- Rec 10-620-2454 Contracted Serviçes-Softbal 10-620-2480 Purchases: forF Resale 10-620-2550 Ins & Bonds 10-620-2570 Miscellaneous 10-620-3740 Cap Outlay, Equip  -460 100 200 160 o -900 3,500 -300 150 25 -90 -90 25 2,195 -600 170 -160 -100 160 -250 60 -650 -100 715 70 60 -300 -250 -90 -375 -475 2,400  107,151 3,379 8,125 1,360 257,629 84,275 75,500 10,435 6,330 3,925 40,195 19,715 2,670 1,540 900 2,160 1,250 11,220 8,350 100 1,275 1,070 3,360 450 3,250 6,610 625 38,895 268,322  Total Street Dept  Total Recreation  Page 7    D2  July 18, 2017 Regular Meeting  Budget 16-17  Budget Revision Revised 16-17 Budget  HUB 10-630-2100 Telephone 10-630-2130 Utilities 10-630-2330 Supplies  2,200 27,000 7,730 163,597 2,861,115  25 -50 25 0  2,225 26,950 7,755 163,597 2,861,115  Total HUB  TOTAL EXPENDITURE BUDGET  Rebecca reviewed some of the reasons for the revisions.  Purchase of defibrillators Pool Pump hit by lightning  Replacement of pool filters - hit by lightning Increase in Cultural Linel Item- - WiFi Grant  Increase in Salary Line Item - error on budget for Recreation Dept.  Rebecca stated that there was enough money in the contingency fund to cover all of these items. And although it looks like we: added a lot to thel budget, we were reimbursed for most oft the items. Motion: (Larry Chapman/Carl Wagner) to approve the budget revisions as presented. Unanimously  approved.  Request to Surplus Property - Police Dept.:  Chief Day stated that he would like to: request that a service weapon be declared surplus. The weapon was used by former Police Officer, Josh Brewster, and Josh wants toj purchase ai new weapon to replace this  weapon if we would allow him to purchase his old weapon.  Information for Weapon -1-Sig Sauer P227 Service Pistol (Serial #51C001758)  Motion: (Larry Chapman/Ann Smith) to approve the Police Chief's request to surplus the service  weapon. Unanimously approved. Public Comment & Informal Discussion:  Grant for Lucas Device?-1 Mary Lanaville, ai resident of] Hudson, asked if there are grant funds available toj purchase equipment. She commented that the Fire Department might want to check. Bill Warren stated that he was ai former member of the Fire Department's Board ofl Directors, and he would mention the idea of checking for grants to the Fire Chief and the Board. Comments from Skip Downs - Skip Downs, former Town Commissioner, addressed the Board to discuss some concerns hel has about thel budget. Skip stated that itl had been his hope that when the debt for the Recreation Center was paid off, which happened earlier this year, taxes would not have to increase to cover thel budget. He stated that he realizes this didn'tturn out tol be the case, and the Town had a tax increase. Skip stated that he knows the Board works hard tol keep costs down, and he asked  Page 8    July 18, 2017 Regular Meeting shown for the Town.  that they continue to protect revenues. Skip thanked the Board for their hard work and love that is Report on WiFi Usage - Bill Warren stated that hel knows WiFi has been al hot items for Hudson, and he Rebecca stated that WiFi went live on May 3rd or 4th and 230 users were: recorded during the Butterfly Festival on. May 6th, For the Month of May, the average daily number oft users was 681 users to 578 unique users, with 56% of this usagel happening on Central Street. The HUB showed a 3% usage and the For June - thenumbers doubled - average daily users was 117 and unique users was 1,023. Bill stated that one of thel business users: in' Town asked why they were occasionally bumped off WiFi, and he explained that there is 21 hour time limit for a session; however, you can always sign back on. Bill  asked that Rebecca give a report on the usage.  Recreation Center) had a 5% usage.  commented that WiFi has been a great service for our citizens.  Adjournment:  Motion: (Larry Chapman/Bill Warren) to adjourn the meeting. Unanimously approved.  Danh BBre) Tamra T. Swanson, Town Clerk  Page 9