AGENDA Sawmills Town Hall Tuesday, March 17,2020 6:00 pm  Regular Meeting of the Sawmills Town Council  1. Call To Order 2. Invocation 3. Pledge of Allegiance 4. Adopt Agenda 5. Approve Meeting Minutes  Mayor Johnnie Greene Mayor Johnnie Greene Mayor. Johnnie Greene Mayor Johnnie Greene Mayor. Johnnie Greene Mayor. Johnnie Greene Mayor Johnnie Greene Mayor Johnnie Greene Mayor Johnnie Greene Mayor. Johnnie Greene Mayor Johnnie Greene Mayor Johnnie Greene Mayor. Johnnie Greene Mayor Johnnie Greene Mayor Johnnie Greene Mayor. Johnnie Greene Mayor Johnnie Greene Mayor Johnnie Greene  A. February 13, 2020 Budget Retreat Meeting Minutes B. February 18, 2020 Regular Meeting Minutes C. March: 5, 2020 Special Meeting Minutes D. March: 5, 2020 Special Meeting Closed Session Minutes E. March 5, 2020 Budget Workshop Minutes  6. Public Comment 7. Recognitions: A. Recycle Rewards 8. Financial Matters: 9. Discussion:  A. American Legion Post 392 Donation Request  A. Proposed Longevity Pay B. Proposed Vacation Accruals  10. Public Comment 11. Updates:  A. Code Enforcement Report B. Council Comment 12. Closed Session: NC6S14318.100)  13. Adjourn    THURSDAY, FEBRUARY 13,2020  TOWN OF SAWMILLS ANNUAL BUDGET RETREAT  9:00 AM  COUNCIL PRESENT Johnnie Greene Clay Wilson Rebecca Johnson Joe Wesson Melissa Curtis COUNCIL ABSENT Keith Warren  STAFF PRESENT Chase Winebarger Karen Clontz Julie A Good Terry Taylor  CALL1 TO ORDER: Mayor Johnny Greene called the meeting to order. INVOCATION: Mayor Johnnie Greene gave the invocation.  PLEDGE OF ALLEGIANCE: Mayor Johnnie Greene led the Pledge of Allegiance. ADOPT AGENDA: Mayor Johnnie Greene asked for a motion to adopt the February 13, Joe Wesson made a motion, and Clay Wilson seconded, to adopt the February 13, 2020  2020 Budget Retreat Agenda.  Budget Retreat Agenda. All were in favor.  FINANCIAL UPDATES: FINANCIAL UPDATE: Town Finance Officer Karen Clontz presented to the council the following financial information for the Town Council.  1-Attached is the summary sheet for revenues and expenditures year to date - 12/31/2019 - for all funds. The budget total is $3,124,258 with $2,101,008 budgeted for the General Fund and $1,023,250 for the Utility Fund. Also, on October 15, 20109, Council adopted a Project Ordinance establishing a Capital Project Fund in the amount of$1,200,000. The amount of $480,000 will be transferred from the General Fund fund balance, $320,000 from the Utility Fund net assets and $400,000 from an installment loan from First Citizens Bank. (See  Statement ofl Revenues and Expenditures-page 4)  Annual Budget YTD Actual Remaining Budget %  Revenue Expenditures Over/Under  $3,124,258 $3,124,258  $1,735,840 $1,348,786 $ : 387,054  44% 56%    February 13, 2020 Budget Retreat  2-Cash Balance and Budget by Fund as of 12/31/2019:  A. Cash Balance by Fund Summary (See General Fund/Powell Bill- page 5: Utility Fund.  Capital Project. Capital Reserve- page6 6) General Fund Balance - Unassigned Powell Bill Fund Balance- Restricted/Streets Utility Fund Net Assets-Unassigned Capital Project-AMI Meters-Restricted Capital Reserve Fund - Restricted  $5,354,799 - 304,151 $4,213,657 $1,200,000 $344,000 $11,416,607  Total:  Attached is a breakdown oft the cash on hand and investments for each fund. The outline also compares the current fiscal year to the same time last year. Interest  rates remain low. (pages5-6)  B. Budget by Fund Summary: General Fund Revenue Expenditure Over/Under Powell Bill Fund Revenue-State Revenue-Reserve Expenditure  Budget19/20 $2,101,008 $2,101,008  Dec 2019YTD Remaining Budget %  $ 1,314,467 $ 1,057,784 $ 256,683  37% 50%  Budget 19/20 $142,000 $0 $62,000  Dec 2019YTD Remaining Budget %  $144,539 $0 *$700  0% 0% 99%  Regarding the Powell Bill cash balance = the Town's cash reserve must stay below the total sum of the past 5 years in revenue received from the State ofNorth Carolina Department ofTransportation. This is ai result ofHB 200 changes to GS 136-41.1 through 136-41.3. In summary, towns with aj population over 5,000 cannot have a total reserve in excess oft the five-year total revenue received. The Town's current five-year total is $734,945. Our cash balance is $304,151, which is *Council agreed to budget for general maintenance and supplied only, for FY 19/20, in order to build up the Powell Bill Reserve. No paving projects were scheduled. Council has since approved paving for the completion ofl Russell Drive with a cul-de-sac, The bid amount was $32,659, for the project, with a $62,000  $430,794 less than the total five-year allotment (see page 5).  budget.    February 13, 2020 Budget Retreat 59% 65%  Utility Fund Revenue Expenditure Over/Under  Budget19/20 $1,023,250 $1,023,250  Dec2019Y YTD Remaining Budget %  $ 421,373 $ 291,002 $ 130,370  Utility Fund revenues continue to remain steady. the past four years ending December 31St. (Pages 7-8)  4- General Fund Property/Vehicle and Sales Tax only)/Utility Fund Charts-1 for  5-1 Updates regarding increase/decrease in evenuesexpenditures:  Retirement -The Local Government Retirement System (LGERS) Board proposed an increase of.58% beginning with fiscal year 2016-17 .25% increases through FY2020-21. However, on January 31, 2019, the LGERS Board voted to change the original proposal in order to address significant system funding shortfalls expected in future years. Currently the Town's: rate is 8.95%. Beginning July 1,2020, the rate will be 10.15%. For fiscal year ending June 30, 2019, the Town's contribution to the retirement fund was $40,406. The estimated cost for fiscal year ending 2020  is $45,254.  Employer Contribution Rate  Fiscal Year 2018-19 2019-20 2020-21 2021-22  General Employees Law Enforcement Officers  7:75% 8,95% 10.15% 11.35%  8.50%: 9.70% 10.90% 12.10%  Insurance- - ropevyllatsormns Comp. -The North Carolina League of Municipalities (NCLM) provides the Town'si insurance through the pooling  method.  Health Insurance - There was an 11.5% rate increase for health insurance for the current fiscal year. The annual meeting, conducted by NCLM will be in March where NCLM staffwill report any new proposed increases. Total employer expenditures for FY18/19 were $132,490. Estimated cost for FY 19/20 is $137,000. This represents an increase of only 3.29% due to the resignation ofTown Administrator Christopher Todd and coverage Property Insurance - Employer expenditures for property insurance for FY 19/20 were $18,228 compared to $16,979 for FY 18/19. A 7% increase. Workman's Comp -Employer expenditures for Workman's Comp for FY 19/20 were $16,469 compared to $15,377 for FY 18/19. A 7% increase.  being waived by Town Manager Chase Winebarger.    February 13, 2020 Budget Retreat  NC Debt Setoff Program Since implementing the debt setoff program in FY 2012-13, the total reimbursement to the Town is $5,666.01 for unpaid utility bills. There is a total of $137.66 collected during the calendar year 2019. Land Fill/Recycle Year to date costs for trash collection and landfill is $128,384 with a budget of $285,000. Below is a breakdown oft the year to date revenue and expenditures. The average recycling percentage for calendar year 2019 was 76%  compared to 62% for calendar year 2018.  Expenditure Trash Collection (5 mos.)/Landfill (6 mos.) Recycle Total Revenue-Fees ($8.00 per hshld) Trash/Recycle Out of Pocket Total  Budget 19/20 $198,400 $86,600 $285,000 $200,000 $85,000 $285,000  Dec 2019YTD Remaining Budget%  $ 84,800 $43,584 $128,384 $ 104,559 $42,500 $147,059  55% 48% 50% 52%  Revenue Dec2019  YTD Cost Costp/ubilled Fees billed per  Difference  by Republic household by the $ 9.05 (1,789x:$9.05) $4.54 (1,600x$4.54)  Town  Trash Collection (1,789 units) Landfill Recycle (1,600 units) Total Over/Under  $80,952 $3,848 $43,584 $128,384 -$23,825  $3.66 $17.45  $104,559 Outof Pocket Tonnage Dec 2019 YTD  -$8.00  -$9.45  Cost for Trasha and Recycle to Landfill X3.66 (Tonnage) $3,848 $384 $4,232  Vs  Cost ofTrash and Recycling X4.54(1,600 unit) $3,848 $43,584 $47,432  Landfill Recycle (1,600 units) Total  958 105 1,063  90% trash; 10% recycle  DISCUSSION: 2020/21 FISCAL YEAR RECOMMENDATIONS (see notes attached): Town Manager Chase Winebarger stated that one oft the first things he did as soon as he started at the Town of Sawmills was read the personnel policy and that the policy is a little outdated 1- Increase Longevity (see attached chart). Town Manager Chase Winebarger stated that longevity is sO important in local government because you cannot give Christmas bonuses based off market or production sO some Towns elect to do longevity pay.  and there he has two @)recommendations:    February 13, 2020 Budget Retreat  Town Manager Chase Winebarger stated that longevityrewardsi tenure and is normally paid in late November or early December in most municipalities. Town Manager Chase Winebarger stated that with longevity you want three (3) things: 1-You want people to come to work for the Town of Sawmills; 2-You want people to never leave the Town of Sawmills; and 3-You want to reward those that stay with the Town of Sawmills.  Town Manager Chase Winebarger stated that longevity will not be the sole reason either of those things happen, but it will be a factor. Town Manager Chase Winebarger also stated that the policy for longevity should be amended to include an employee's years of service if the Council agreed to add the longevity scale that Town Manager Chase Winebarger suggested and to add an employee's years of service from another municipality in the budget as aj policy 2- Increase Vacation Accruals (see attached chart). Town Manager Chase Winebarger stated that he suggests that the Town match the state accrual rate for vacation time. Town Manager Chase Winebarger stated that local government employees are tough to find and that it is getting tougher. Town Manager Chase Winebarger stated that you can pull employees from other fields and retrain them, but it takes time and is costly, SO it is easier tol be attractive to the ones that want to work in local government. Council agreed to change the vacation accrual policy to match the State of North Carolina's vacation accrual policy effective July 1, 2020, based on the recommendations of Town  employee came from another municipality.  change effective July 1, 2020.  Manger Chase Winebarger, to the FY 2020/2021 budget.  Salary Increases-Town Manager Chase Winebarger stated that he would suggest that Council give all Town employees a three percent (3%) COLA raise and up to a two percent Council agreed to add a three percent (3%) COLA raise and up to a two percent (2%) merit raised, based on the recommendations of Town Manger Chase Winebarger, to the FY  (2%) merit raise based on his recommendations.  2020/2021 budget.  Phase II Stormwater-Town Manager Chase Winebarger stated that the Town is paying the WPCOGt to do the vast majority ofthe' Town'ss stormwater. The State ofNorth Carolina wants all of the Town to be mapped for the stormwater. The Town will have to pay to have the Town'ss stormwater area mapped. The total cost ofmapping for the entire Town is $51,504.17 with the WPCOG. The WPCOG guaranteed the mapping of the whole Sawmills stormwater area will be done within five (5)s years. The Town can try for a EDA Grant which will cover $25,752.09 (half the cost of the mapping), which will leave the Town paying $25,752.09 out ofpocket. The monthly rate for the next two (2) years for the Town would be $1,073.00.    February 13, 2020 Budget Retreat  200 AMP Drop in Grass Lot for events and Christmas-Town Manager Chase Winebarger stated that there is a need for power at the grass lot where the Farmers Market, Fall Festival and Christmas Tree lightening is held. Town Manager Chase Winebarger stated that he has got an estimated cost of $2,000.00 (depending on permitting costs) to put a 200 AMP Drop Council agreed to add a 200AMP Drop put on the Town's grass loti in the FY 2020/21 budget. New Server/Server Room/Bigger Offices for Finance Officer and Town Clerk- Town Manager Chase Winebarger stated that the Town is in need of a new server and has been in need for some time. Town Manager Chase Winebarger stated that the current server the Town has goes down regularly, sometimes more than once in a week. The current server is a computer tower. Town Manager Chase Winebarger stated that he would like to convert to a rack style server, which will add more security and stability toi the current system. The quoted price for the new server, which includes the cost ofi moving all the wiring to move the server Town Manager Chase Winebarger stated that a server room is beyond a necessity since iti is housed in a coat closet in Council Chambers where anyone can pick it up and take it out the door. Town Manager Chase Winebarger stated that operating out ofa coat closet with bi-fold doors is unthinkable with all the liabilities and security threats that face local governments Town Manager Chase Winebarger also stated that the Finance Officer'so office and the Clerk's office are not big enough for all the records that they have to keep. Town Manager Chase Winebarger stated that staff could look into building an office in either the current records room or the garage and put the Finance Officer in the new office, possibly move the Clerk to the Finance office and put the server room in the Clerk office, or see what will work. Councilwoman Rebecca Johnson made to a contractor that she knows to inquire what the Town would have to do to be able to build a new office, and she was informed that to builda new room in the garage that the Town would need to pull an electrical permit and it would  in to be able to provide power to vendors and the Town during festivals.  to ai more secure location, is forty thousand dollars ($40,000).  especially with the utilities the Town offers.  have to be inspected. UPDATES:  LEGALUPDATES: Town Attorney Terry Taylor stated that the North Carolina Department OfTransportation Secretary Jim Trogdon, would be retiring at the end of February and Eric Boyette, who is now the North Carolina Department of Information Technology Secretary will be the new North Carolina Department Of Transportation Secretary. Tracy Doacks will be the new North Carolina Department of] Information Technology Secretary. Town Attorney Terry Taylor stated that the State of North Carolina still has not passed a budget for the Fiscal Year 2019/2020 and itisnot clearift the State is going to do amendments or try to pass a full budget. Town Attorney Terry Taylor state that the State is in their short Town Attorney Terry Taylor stated that North Carolina Department of Transportation has extended authority to municipalities to close their roads due to hazardous weather conditions.  session.    February 13, 2020 Budget Retreat  Town Attorney Terry Taylor gave Council a handout (which is attached toi the minutes) about NC Opportunity Zones. Town Attorney Terry Taylor stated that it might be a good opportunity to have Town Planner Hunter Nestor to seei ifthe Town could get one it's census Town Attorney Terry Taylor gave Council a handout (which is attached to the minutes) about residential abatement and commercial vacant building abatements. Town Attorney Terry Taylor stated that in the past years, staff had talked about doing a study on the vacant properties in the Town, residential and commercial, and ranking them from worse to not as bad to help with abatement. Town Attorney Terry Taylor stated that this might be an opportune time to do the study and staff could talk to Town Planner Hunter Nestor to see if  zones appointed as an opportunity zone.  the WPCOG could do the study, with help from staff.  DISCUSSION: 2020/21 FISCAL YEAR RECOMMENDATIONS CONTINUED: Social Media Footprint: Town Manager Chase Winebarger stated that the Town needs to increase its social media footprint. Town Manager Chase Winebarger stated that, depending on which study you look at, around seventy percent (70%) of the US population gets their news and updates from social media. The Town needs to tap into that market. Town Manager Chase Winebarger stated that the Town's Facebook page is not used to its fullest potential. Town Manager Chase Winebarger stated that it is a simple marketing tool and most municipalities do not know how to use it. Town Manager Chase Winebarger stated that the Town should hire an outside person to help with the Town's social media page. Town Manager Chase Winebarger stated that the cost would be approximately $2,500 annually and  he would work closely with the person that was hired.  Spring Clean-up and Shred Day- Town Manager Chase Winebarger stated that the Town has a lot of records that can be destroyed, but doesn't have the man power or the equipment to destroy the records. Town Manager Chase Winebarger stated that the Town can have a company to come in for approximately $500 to $750. Town Manager Chase Winebarger stated that the Town can offer it to the Town's citizens that have no way of destroying the  documents that they have at their residence.  Town Hall-Town Manager Chase Winebarger stated that he thought the Council needed to formulate plan for a new Town Hall. Town Manager Chase Winebarger stated that he had talked about needing a new server room and bigger offices before Town Attorney Terry Taylor's updates, and he wanted to expand that discussion to talking about a new Town Hall. Town Manager Chase Winebarger stated that the current Town Hall building looks great from the outside and the few public access areas (Council Chambers and pay window). Town Manager Chase Winebarger stated that a new Town Hall could meet some of the  requests made by citizens:  1 2  a drive thru window  easier access regarding parking (this could be because they are not allowed to  park in front of the building any longer)    February 13, 2020 Budget Retreat  3  aj place to sit if they have to wait (there is no lobby in the current Town Hall sO citizens either have to stand out front, stand outside, or wait in Council  Chambers).  Town Manager Chase Winebarger also stated that the current building (as is) will never meet ADA requirements. Town Manager Chase Winebarger stated that the Town would have to spend a lot of money to bring the building up to code, workout something with the Sawmills Volunteer Fire and Rescue Department for a drive thru window and thereis still no guarantee that any ofthat would be possible, structurally, because ofall the level changes in the building Town Manager Chase Winebarger also stated that a Town Hall should meet the needs of its employees. Town Manager Chase Winebarger stated that current building does not have a conference room and currently staff holds meetings in Council Chambers on plastic tables. Town Manger Chase Winebarger stated that not having a conference room is a bigger issue than most people realize. Town Manager Chase Winebarger stated that it is just not professional when meeting with professionals in either business or construction and not having ai room to meet in. Town Manger Chase Winebarger stated that just "making it work" is very difficult. Town Manger Chase Winebarger also stated that the current building needs new carpet throughout and at the minimum new chairs in Council Chambers.  and the previous additions and renovations.  Vault/Safe-Town Manager Chase Winebarger stated that even though the Town Hall is right beside the Sawmills Volunteer Fire and Rescue Department, that the majority ofthe Town's records are in the back part of the office (records room, garage, finance office and clerk's office) and a lot ofthose records are not in fire proof filing cabinets because there is no room for them. Ifthere was a fire at the Town Hall all the records would be destroyed. The Town needs a vault or safe built into a room to be able to store all the records that the Town keeps  indifferently.  Break Room- Town Manager Chase Winebarger stated that to the Council it might seem like al luxury request, but Town employees are getting their lunch out of a refrigerator and heating it up in a microwave in a: room that was built for a water heater, and then eating in the front Town Manager Chase Winebarger stated that ultimately, the building is a Capital Asset and needs to be treated as one. Town Manager Chase Winebarger stated that his suggestion would bet toi identify properties where you would want tol build a new Town Hall and get plans drawn Council informed Town Manager Chase Winebarger to start looking for properties to put a  row in Council Chambers in the audience chairs or in their office.  up.  new Town Hall and get them plans to look.  EMINENT ISSUES:  Optimist and Recreation in Sawmills: Town Manager Chase Winebarger stated that the Sawmills Optimist Club currently only has three (3) members. Town Manager Chase Winebarger also stated that the Optimist Club was running all the sports programs, but the    February 13, 2020 Budget Retreat  Town is already carrying the brunt of the cost:  1- Salary for Park and Recreation Director; 2- All the mowing and stripping oft the fields; 4- The cost and maintenance of all the lights at the Park.  3- All the maintenance;  Town Manager Chase Winebarger stated that the only things the Town is not covering are the pass through or break-even costs such as the registration fees washing out with:  1- Insurance fees; 2- Umpire fees; 3- Equipment fees; 4- Sectioning fees.  Town Manager Chase Winebarger stated that with only three (3) members that the Town should look to be moving sports programs under the Town in the near future. Town Manager Chase Winebarger stated that the Sawmills Optimist would still run the concession stand and use the money for food for the concession stand and offer scholarships for outgoing seniors, or the Town can close the concession stand and have food trucks at all the sporting events. Town Manager Chase Winebarger stated that the Town would have to pay umpires and extra Town Manager Chase Winebarger stated that the Town should look into building a recreation  workers and possibly have to hire another Recreation Director.  center in the near future. COFFEE CONCERNS:  PASystem: Town Manager Chase Winebarger stated that Council and citizens had expressed that the Town's current PA System is not loud enough for everyone to hear during events. Town Manager Chase Winebarger stated that he had priced a new PA System for approximately $2,500 that would work everywhere that the Town holds events, with the exception of Veterans Park. Town Manager Chase Winebarger stated that Veterans Park could possible use a bigger system. Town Manager Chase Winebarger stated that the cost of Council agreed to add the bigger PA System in the amount of $3,600 to the FY 2020/21  the bigger system is approximately $3,600.  budget.  LCD Signs and Corner Planters for Flowers: Town Manager Chase Winebarger stated that there had been interest regarding a LCD sign and corner planters with flowers in the Town limits. Town Manager Chase Winebarger stated that the only problem with planting flowers is getting citizen involvement. Councilwoman Rebecca Johnson stated that she would be Town Manager Chase Winebarger stated that the Town would need to find a noticeable location to put the sign and planter and suggested that Council table the idea until a decision  happy to plant flowers in a planter and check on them.    February 13, 2020 Budget Retreat  regarding a Town Hall is made.  Parking (Events): Town Manager Chase Winebarger stated that one conçern that kept coming up for each event that the Town sponsors is parking at eachl location that a' Town event is done. Town Manager Chase Winebarger stated that he has done some measuring with the Parking at Baird Park (198 spots): Town Manager Chase Winebarger stated that there are 173 parking spots in the Baird Drive lot, with an additional 25 parking spots on the street. Town Manager Chase Winebarger stated that the Town could possibly get an additional 52- 72 parking spots if the Baird Drive lot was expanded towards the big field, which would Town Manager Chase Winebarger also stated that the Town could try to purchase property from an adjoining property owner. Town Manager Chase Winebarger stated that if the property owner would agree to the purchase, the Town would have to purchase an easement and move a portion of a fence, but you could go in 60' deep (actually less if the spots were slanted), with the edge of the lot to Roger McCall Ln, which would equal 750. Town Manager Chase Winebarger stated that that would give the Town approximately 155 additional parking spots, with an approximate total of 400-+ parking spots together with the Parking at Waterworks Road: Town Manager Chase Winebarger stated that there are 172 parking spots at Veterans Park, 121 parking spots at Veterans Memorial/Socer/Bal Fields, 51 parking spots at the Walking Track/Disc Go/f/Bathrooms, and 77 parking spots at the Boat Landing (even though the boat landing is not the Town's,i it was included because people park there for the fireworks event). Town Manager Chase Winebarger stated that during some Town events, there is parking on the roadway on both sides of the road (approximately 1 vehicle every 20' for roughly 4,000', from the Boat Landing to the first house on Waterworks Road) which equals to approximately 400 spots. Town Manager Chase Winebarger stated that doesn't include randomly parked vehicles (entry/exit of lots, past the first house, in the roadway, etc.), which could total up to 649 spots. Town Manager Chase Winebarger stated that it could easily add up to approximately 2,596 people just from parking spots. Town Manager Chase Winebarger stated that with the shooting ofi fireworks on the ballfield, ifthere is an issue, or a shell crosses the road, you have effectively trapped 2,600+ people with no way out. Town Manager Chase Winebarger stated that most ofthe injuries would come from the panic. Town Manager Chase Winebarger suggested that the Town consider widening the Waterworks Road, 1+ mile road 18' width with 60' easement, doing a combination of DOT/Town street. Town Manager Chase Winebarger stated that widening is needed but when comparing cost/benefit in regards to other needed projects, is it worth it for approximately 2 to3 events per year? Town Manager Chase Winebarger stated that he would suggest adding  GIS system and has come up with the following:  require paving of an area approximately 103' X115.  existing parking spots.  the widening to CIP in the near future. FUTURE CONCERNS:  New LogelbrandMarkcting: Town Manager Chase Winebarger stated that the Town has a Town Seal but it needs a Town Logo. Town Manager Chase Winebarger suggested that the Town partner with CVCC Graphics Department to see ifthey can come up with a' Town logo    February 13, 2020 Budget Retreat  since CVCC Graphics Department designed the Farmers Market logo last year for the Town. Paving in Doe Run: Town Manager Chase Winebarger stated that he had talked to a few citizens about the condition of the roads in Doe Run and that he would like to have a plan in Finance Officer Karen Clontz informed Town Manager Chase Winebarger and Council that the Town Engineers had already inspected the all the roads in Sawmills and there was aj plan  place regarding the paving.  inj place for paving.  ADA Assessment/Plan/mplementation: Town Manager Chase Winebarger stated that the Federal and State Governments have put requirements in place for grant monies and one of those requirements is for municipalities a five (5) to ten (10) year ADA plan in place, much likea CIP. Town Manager Chase Winebarger stated that the WPCOG offers services tol help municipalities to get the ADA plan ready for when the Town wants to apply for grants for recreation areas. Town Manager Chase Winebarger stated that the Town should address this issue sooner than later to get ahead of other municipalities for grant monies.  Rates and Fees:  Sanitation Fees: Town Manager Chase Winebarger stated that the sanitation fees that are  paid by every inside customer in Sawmills includes:  Republic Services (Trash and Recycling); that will not fit in the trash can; Television and electronics (very rare); Limb and leaf (brush); White Goods;  Bulk garbage pickup (mattress, box springs, couches, dressers, etc.), anything  Salaries, higher workers' compensation because of curbside pickup, equipment maintenance, wear and tear of vehicles and liability.  Town Manager Chase Winebarger stated that the Town cannot pretend that the sole purpose of the sanitation fee is just focused on the two (2) cans that every house receives. Town Manager Chase Winebarger stated that the Town only charges $8.00 per month to each customer for sanitation fees and there is no charge for recycling to the customer. Town Manager Chase Winebarger stated that Republic Services charges the Town $9.05 per can for sanitation SO the Town is already losing money per can. Town Manager Chase Winebarger stated that the Town would need to go up on sanitation fees to at least $10.00, which is 2.5% increase, to cover some the difference that Republic Services is charging per can. Council agreed to look at a purposed increase in sanitation fees for the FY 2020/21 budget. Water and Sewer Rates: Town Manager Chase Winebarger stated that aside from taxes, the    February 13,2020 Budget Retreat  most volatile issue in the Town is water and sewer rates. Town Manager Chase Winebarger stated that NC Rural Water Association is going to perform ai rate study for the Town (free of charge because the Town is members) at the end of February. Town Manager Chase Winebarger stated that the rate study is good for five (5) years. Town Manager Chase Winebarger stated that at the next budget meeting he should have the results oft that study and can more give the Council direction of where the Town should go with the rates. Town Manager Chase Winebarger stated that most Councils, notj just Sawmills, put offraising taxes and rates until the Town is in a major bind. Town Manager Chase Winebarger stated that based off the percentage recommendations in the study, he plans on proposing the Council implement a gradual annual increase. Town Manager Chase Winebarger stated that Council should make changes now that are necessary to sustain growth and expansion and to do it gradually, because if the Town waits to make adjustments when it is mandatory to do so, the rates will increase substantially and that might not get you back in black, the' Town would still  have to subsidize from the Fund Balance.  EVENTS: Town Manager Chase Winebarger stated that even though the meeting is about budget, it seemed the most contentious issue at the Coffee with Council session was events,  their dates, times, schedule, locations and logistics.  Coffee with Council- Council decided to cancel Coffee with Council due to Easter Egg Hunt- The Easter Egg hunt will be on Thursday, April gth, 2020, beginning at 4:00pm, with the first race beginning at 4:30pm and the Town Farmers Market- The opening day of the Farmers Market will be Tuesday, May 5, 2020, and every Tuesday from May to September, from 3:00pm- 6:30pm, with the official kick off1 being on June 2, 2020, beginning at 3:00pm; Memorial Day- The Memorial Day program will be on Monday, May 25, Sawmills Fire and Rescue Appreciation Week- Sawmills Fire and Rescue Appreciation week is designated as the first week of September every year. The Town will make a donation to the Sawmills Fire and Rescue Department; Fall Festiyal/Tractor and Treat- The Fall Festival/Tractor and Treat will be October 30, 2020, from 12:00pm to 6:00pm. The Town will get a committee, made up of' Town citizens, to prepare for the event, which will be held at the Veteran's Memorial Ceremony- The Veteran' s Memorial Ceremony will be held on Saturday, November 14, 2020, beginning at 10:30am at Veterans Park; Christmas Tree Lighting- The Christmas Tree lighting will be Thursday, December 3, 2020, beginning at 6:00pm at the Farmers Market lot; Christmas Parade- The Christmas Parade will be Saturday, December 5, 2020, beginning at 10:00am (lineup is 9:30am) starting on Helena Street.  poor public interest;  will rent an Easter bunny costume;  2020, at 10:00am, at Veterans Park;  Farmers Market lot;    February 13, 2020 Budget Retreat  COUNCIL ADJOURN: Mayor Johnnie Greene asked for aj motion to adjourn. Clay Wilson made a motion, and Rebecca Johnson seconded, to adjourn the meeting. All  were in favor.  The: meeting was adjourned at approximately 3:45pm.  Johnnie Greene, Mayor  Julie A Good, Town Clerk    Memorandum  To: From: Date: Re:  Chase Winebarger Karen Clontzi February 13, 2020  Mid-Year Report as of12/31/2019  This memo includes the following information regarding the financial and budget status for  the Town:  1-Attached is the summary sheet for revenues and expenditures year to date - 12/31/2019 -1 for all funds. The budget total is $3,124,258 with $2,101,008 budgeted for the General Fund and $1,023,250 for the Utility Fund. Also, on October 15, 2019, Council adopted a Project Ordinance establishing a Capital Project Fund in the amount of$1,200,000. The amount of $480,000 will be transferred from the General Fund fund balance, $320,000 from the Utility Fund net assets and $400,000 from an installment loan from First Citizens  Bank. (See Statement of Revenues and. Expenditures-page 4)  General Fund + Utility Fund $1,735,840 $1,348,786 $387,054  Annual Budget $3,124,258 $3,124,258  YTD Actual Remaining Budget%  Revenue Expenditures Under  44% 56%  2- Cash Balance and Budget by Fund as of12/31/2019:  A. Cash Balance by Fund Summary See General Fund/Powel! Bill- page. 5: Utility Fund. Capital  Project. Capital Reserve- pageb) General Fund Balance - Unassigned Powell Bill Fund BalancekesneeuSrets Utility Fund Net Assets - Unassigned Capital Project - AMI Meters-Restricted Capital Reserve-Restricted  $5,354,799 $304,151 $4,213,657 $1,200,000 $344,000  Attached is a breakdown of the cash on hand and investments for each fund. The outline also compares the current fiscal year to the same time last year. Interest rates remain low.  (pages 5-6)    5-Updatesi regarding increase/decrease in eyenuesexpendimtures  Retirement-The Local Government Retirement System (LGERS) Board proposed an increase of.58% beginning with fiscal year 2016-17 with .25% increases through FY 2020-21. However, on January 31, 2019, the LGERS Board voted to change the original proposal in order to address significant system funding shortfalls expected in future years. Currently the Town' 's rate is 8.95%. Beginning July 1,2020, the rate will be 10.15%: For fiscal year ending 6/30/2019, the Town's contribution to the retirement fund was $40,406.  The estimated cost for fiscal year ending 2020: is $45,254.  Employer Contribution Rate  Fiscal Year 2018-19 2019-20 2020-21 2021-22  General Employees Law Enforcement Officers  7.75% 8.95% 10.15% 11:35%  8.50% 9.70% 10.90% 12:10%  Insurance- - ropery/ealsVokmans Comp. - The North Carolina League of Municipalities (NCLM) provides the Town'si insurance through the pooling method. Health Insurance - There was an 11.5% rate increase for health insurance for the current fiscal year. The annual meeting, conducted by NCLM will be in March, where NCLM staff will report any new proposed increases. Total employer expenditures for FY18/19 were $132,490. Estimated cost for 19/20is $137,000. This represents an increase ofc only 3.29% due to the resignation of Town Administrator Christopher Todd and coverage being waived by Town Manager Property Insurance - Employer expenditures for property insurance for FY 19/20 were $18,228 compared to $16,979 for FY 18/19. A7% increase. Workman's Comp - Employer expenditures for Workman's Comp for FY 19/20 were $16,469 compared to $15,377: forFY18/19. A 7% increase.  Chase Winebarger.  NC Debt Setoff Program - Since implementing the debt setoff program in FY2012-13, the total reimbursement to the Town is $5,666.01 for unpaid utility bills. There was a total  of $137.66 collected during calendar year 2019.  3    Town of Sawmills Revised Budget  Statement of Revenue and Expenditures Fort the Fiscal Period: 2020-6 Ending December 31, 2019  Page 1  Current Actual 6,364.09 $  Annual Budget 50,450.00 $ 90,000.00 $  YTD Actual 27,629.19 $ 45,948.56 $ 53,770.29 $ 700.18 $  Remaining Budget% 44.44% 45.23% 38.00% 48.95% 68.49% 56.58% 37.60% 98.87% 48.48% 73.56% 64.88%  Total Revenues-General Fund & Utility Fund Total Governing Body Expenditures-GF Total Administration Expenditures-GF Total Finance Expenditures-GF Total Public Works Expendtures-GF Total Planning Expenditures-GF Total Parks Expenditures-GF Total Streets and Highways Expenditures-GFIPB Total Sanitation Expenditures-GF Total Water Expenditures-UF Total Sewer Expenditures-UF  $ 335,870.23 $ 3,124,258.00 $ 1,735,840.34 $  $ $ (16,661.91) $ $ $ $ $ $ $ $  50,361.23 $ 646,758.00 $ 400,992.20 $ 22,995.09 $ 466,400.00 $ 146,973.47 $ 17,869.00 $ 123,850.00 $ 11,226.98 $ 376,550.00 $ 234,952.25 $ 38,019.28 $ 285,000.00 $ 146,817.76 $ 29,435.92 $ 787,500.00 $ 208,197.80 $ 14,851.87 $ 235,750.00 $  0.00 $  62,000.00 $  82,804.48 $  Total Revenues Total Expenditures  335,870.23 $ 3,124,258.00 $ 1,735,840.34 $ 174,461.55 $ 3,124,258.00 $ 1,348,786.18 $  44.44% 56.83% 0.00%  Total Excess of Revenues Over Expenditures  $ 161,408.68 $  0.00 $ 387,054.16 $    Fund 2- Utility Fund-Net Assets  A. Cash Balance Cash Cash In Bank  December 2019 $4,018,113 $200 $607,200 $4,625,513 ($320,000) ($85,975) ($5,881) $4,213,657  December 2018  :  $3,629,529 $200 $603,923 $4,233,652 ($0) ($0) ($5,881) $4,162,733  Undeposited Cash ($100 each cash drawer) CD nvestments/Money Market Less Encumbrance-AMI Meters Capital Less AMI First Citizens Loan (Year1) Less Cajahs Mtn Waterline Loan Total Net Assets= 1% increase to PY B. Budget Comparison,  Subtotal Project  Budget 19/20  Dec 2019 YTD $421,373 $291,002 $130,371  Remaining Budget Dec 2018 Remaining  Budget% 59% 72%  18/19 $1,117,109 $450,546 $1,117,109 $336,202 70%  YTD $114,344  Budget% 60%  Revenue $1,023,250 Expenditure $1,023,250 Over/Under  Fund 4- Capital Project Fund-AM! Water Meters  Cash  December 2019  December 2018  Transfer from General Fund Transfer from Utility Fund First Citizens Loan  $480,000 $320,000 $400,000 $1,200,000  $0 $0 $0  Total Cash  Fund7- Capital Reserve - Future Projects  Cash  December2019  December 2018  Cash in Bank as of12/31/19 Plus, Transferi from General Fund 1/2020 Cash in Bank as of1 1/2020  $86,000 $258,000 $344,000  $86,000 $0  6    evenuerroperyvence Tax  600,000 500,000 sudget 400,000 300,000 200,000 100,000 0 12.31.19 OBudget 484,100 Actual 420,501  Actual Budget  Budget Actual Actual  Actual Budget  12.31.18 466,800 386,030  12.31.17 483,000 392,165 Year to Date  12.31.16 469,225 396,480  12.31.15 402,200 348,870  Revenue -Articles/Franchise  1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 0 12.31.19 mActual 578,979  Budget  Budget  Budget  Budget  cu  12.31.18 438,693  12.31.17 501,009 Year to Date  12.31.16 491,735  12.31,15 467,878  Budget 1,263,000 1,196,500 1,207,000 1,065,250 1,062,250    2/13/2020  Lenoir- Lenoir receives $300K EPA grant, NC Opportunity. Zones  Lenoir receives $300K EPA grant, NC Opportunity Zones  Tuesday, May 29, 2018  The City of Lenoir recently received a $300,000 Brownfields grant and multiple NC Opportunity Zone designations, both of which could help promote redevelopment and economic growth in the city. The U. S. Environmental Protection Agency (EPA) awarded a $300,000 Brownfields grant to Lenoir in April. Brownfields grant funds will be used to conduct environmental site assessments, and possibly Brownfields site assessments are required before developers can apply for Brownfields Agreements. Brownfields Agreements remove environmental liability from owners and developers who are trying to "EPA's Brownfields Program expands the ability of communities to recycle vacant and abandoned properties for new, productive reuses, using existing infrastructure" said EPA Administrator Scott Pruitt. "These grants leverage other public and private investments, and improve local economies  fund cleanup of abandoned industrial sites in the City.  redevelop and re-purpose abandoned properties.  through property cleanup and redevelopment."  The grants funds become available October 1 this year. The City and its consultant have tentatively identified a number of properties that could benefit and will engage property owners later this year. There will also be a community outreach session to present the program and solicit community involvement. This is the third time the City has applied for Brownfields grants. Councilman Ben Willis said he appreciated the hard work of City staff and sees the grants as a positive step for economic  aus t SL, H  dna  e aad a NG development. 0py 1 ie dprt Dne op -  a De E a an au  A7 PRLMSS 3 cs EI eE Te n as "Iwould like to thank the Brownfield Committee for all of the hard work it took to pull this off," Willis said. "The group has worked over the course of six years to get to this point, sO it is great to see our persistence pay off. This is a big hurdle that the city has finally cleared. Completing these assessments will help transform The City also received the NC Opportunity Zone designation for three Census tracts in the City Census Tract 301, which includes historic Downtown Lenoir; Census Tract 303, which includes the  3   get S  efforts of Radford Thomas, Greg Icenhour, and the  industrial sites that were once a liability into assets."  downtownlenoimc.comocomlemdir-recelvas.3okepegraninooportunily.zones  1/2    2/13/2020 area of town.  Lenoir- Lenoir receives $300K EPA grant, NC Opportunity. Zones  southwestern part of the City; and Census Tract 311, which includes a small section in the northern The Opportunity Zone concept was created in the federal Tax Cuts and Jobs Act (H.R.1) passed by Congress last year. The legislation creates a tax benefit for qualified investors who wish to re-invest realized capital gains into Opportunity Zones, avoiding standard capital gain tax obligations. The Brownfields grant and NC Opportunity Zone designations are two more tools local officials and  private investors can use to make possible project reality.  Related:  Eleven Communities in North Carolina Receive Approximately $3.4 Million in Brownfield Grants toR Return Blighted Properties to Productive Reuse and Promote Economic Redevelopment  5.7 Treasury Certifies North Carolina Opportunity Zones  downtownienoimc.comecomlemnoir-recevas.30kepegrantncoppportunily-zones:  2/2    Coates" Canons NCI Local GovermentLaw tps/canonssoguncedu  UNC  SCHOOL GOVERNMENT  M  OF  Coates' Canons Blog: Nuisance Abatement and Local Governments: What al Mess - Part II Article: htps./canons.sog.unoedunusanceanatementans-ocal-goverments-wnata-messpar-il This entry was posted on. July 31, 2013 and isf filed under Community & Economic Development, Community Development &  By Richard Ducker  Redevelopment, Land Use & Code Enforcement  Several years ago prepared a blog entitled' "Nuisance Abatement and Local Governments: What al Mess." At the end of that! blog promised a sequel tot take up: several other legal issues related to nuisance abatement and' building condemnation. Here is that sequel. Onei issue concerns the nature of the process that must be used by al local government to abate a nuisance or condemn al building. In administrative proceedings particularly, what due process is due? The second issue involves the seizure or destruction of property that can occur when al local govemment takes direct action to abate a nuisance or demolish a dilapidated building after the owner fails to remedy the conditions that give rise to the problem. Can there be ay violation of ani individual's legal rights when al local government ori its contractor goes onto private property to destroy the offending property condition? These are the subjects of' "Nuisance Abatement and Local  Governments: What al Mess - Part 1." Sources of Local Enabling Authority  The North Carolina Statutes provide a wide range of discrete sources of legal authority for municipalities to condemn buildings and structures anda abate public nuisances. Thesei include (1) unsafe building condemnation (G.S. 160A-426 et seq.); (2) minimum housing ordinance (G.S. 160A-441 et seq.); (3) commercial maintenance code (G.S. 160A-439); (4) abandoned structure ordinance (G.S. 160A-441, second paragraph); (5) criminal nuisance law (G.S. 19-1 et seq.); (6) nuisance abatement (G.S. 160A-193); (7) nuisance abatement (G.S. 160A-174(a); (8) abandonedlunked vehicle ordinance (G.S. 160A-303.2); and (9) general police power (G.S. 160A-174(a). Many oft these! lines ofs statutory authority are designed toj provide due process to property owners affected by local government code enforcement. In addition, procedural due process as required by the U.S. Constitution provides safeguards to citizens prior to any governmental  decision that deprives ani individual ofa liberty or property interest. Required Procedures for Building Demolition  Many of the types of legal authority listed above include specific procedural requirements designed to; protect the interests of property owners in code enforcement proceedings. For example, ifal local government inspector's preliminary investigation reveals the basis for a violation, the code official may be directed to serve the owner with a complaint anda notice ofa a hearing. Thate enables the property owner to appear atal hearing in person to respond tot the complaint, to contest the! initial determination, and to appeal an adverse decision. Such hearings held pursuant to the unsafe building statutes or under the minimum housing statutes are quasi-judicial in nature. Coffey V. Town of Waynesville, 143 N.C.App. 624, 547 S.E.2d 132 (2001); Patterson V. City of Gastonia, N.C. App.. L 725 S.E.2d 82 (2012). The hearing ordinarily results in an order for the owner to correct property deficiencies by repairing, moving, or demolishing the building. North Carolina case lawf further extends and owner's rights by requiring that owners must always be given an adequate opportunity to make the necessary repairs or improvements themselves, regardless oft the economic feasibility of doing so. Horton V. Gulledge, 277 N.C. 353, 177 S.E.2d 885 (1970); G.S. 160A-443(5); G.S. 160A-439()(2). This logic may well apply also tot the abatement of public nuisances. Furthermore, ift the condition ofa! building changes because of deterioration or vandalism so that ther remedial steps called for in the code official's initial order are no longer feasible or appropriate, then the process of complaint, notice, hearing, and opportunity to cure must be repeated. Newton V. City of Winston-Salem, 92 N.C. App. 446, 374 S.E.2d 488 (1988). Ift the property owner eventually fails to comply with the code official's order, then the unsafe building laws, the minimum housing statutes, and the commercial maintenance legislation all permit a local governing board to authorize staff to arrange for the remedial workt to be performed directly. G.S. 160A- 443(5); G.S. 160A-432(b); G.S. 160A-439((1). An owner need not be given further notice and an opportunity to be heard when the goveming board considers whether to approve the use oft this self-help remedy. Patterson V. City of Gastonia,  Copyrighte e 20091 lopresent School ofG Govamment: atl lhe! University of North Carolina. Alr rights reserved,  Page    Coates' Canons NCLocal Govemment Law mtps/canons.sogunc.eau   UNC  SCHOOL OF GOVERNMENT  N.C.App. 725S.E.2d 82 (2012).  Ifthese due process principles are builti intot the building condemnation, housing code, and commercial maintenance laws, do these principles also apply to various forms of nuisance abatement? After all, building condemnation and nuisance abatement are both predicated on ther removal of public health and safety hazards. Neither type of process requires the payment of compensation for property destroyed in the removal or curing oft the hazard. Are the procedural rules that  apply tot the abatement of public nuisances any different? Required Procedures for Nuisance Abatement  The two sources ofl legal authority enabling a municipality to abate a public nuisance are G.S. 160A-174(a) and G.S. 160A- 193. The first provides that a "city may by ordinance. define and abate nuisances." G.S. 160A-193(a) does not require the adoption of an ordinance and provides that a city" "shall have authority to summarily remove, abate, or remedy everything. thati is dangerous or prejudicial to the public health or public safety." The firsts statute may be interpreted to provide authority to declare certain classes of situations (e.g., tall grass and overgrown vegetation onl lots) to be nuisances per se. The second statute may be interpreted to allow a town to cause a nuisance to be removed in situations that are not routine and thatr resist ordinance definition. Neither of these statutes spells out the administrative procedures by whichi the G.S. 160A-175(e): and G.S. 153A-123(e) do provide in some detail how a municipality may seek ani injunction and order of abatement for nuisance ordinance violations, but those subsections apply toj judicial enforcement ofl local nuisance authority, not administrative enforcement. What procedures, ifany, are required to comport with due process ifar nuisance is abated administratively without specific judicial authorization? Note that G.S. 160A-193 permits a city to' "summarly remove, abate, or remedy" that which is dangerous or prejudicial to the public health or public safety. (italics added.) Summary action is understood to mean that goverments may dispense with certain procedural steps in appropriate circumstances. Therei is no mention of"summary" abatement in G.S. 160A-174 or G.S. 153A-121. Compare these with G.S. 153A-140, which declares that authority under that section "may only be exercised upon adequate notice, the right to al hearing, and the right to appeal tot the General Court of. Justice." How can these statutes be interpreted or reconciled? The deficiencies of G.S. 160A-174, G.S. 160A-193, and G.S. 153A-121 can be gleaned from the case of! Monroe V. City.of New Bem, 158 N.C. App. 275, 580 S.E.2d 372 (2003), cert. denied, 357 N.C. 461 (2003). In Monroe the city had demolished ar residence without complying with the complaint, notice, hearing, and opportunity-to-cure requirements ofits own minimum housing ordinance, apparently relying on the summary abatement authority offered by G.S. 160A-193. Rather than declare G.S. 160A-193 unconstitutional because ofi its patent due process inadequacies, the court ruled that G.S. 160A-193 allowed a city" "to summarily demolish" al building only in circumstances where the building was so structurally unsafe that itp posed sucha ani imminent danger to public safety. In other words the owner could not be provided procedural safeguards without endangering the public. The court in Monroe held that the subject house in question was. in deplorable condition buty was not endangering the public. The owner's due process rights were violated by the city and the The nuisance abatement authority of G.S. 160A-174 (which requires an ordinance) may be nol less shaky. A different statute, G.S. 160A-200.1, is entitled' (a)nnual notice to chronic violators of public nuisance ordinance." G.S. 160A-200.1 may be readi tol bolster the procedural posture of G.S. 160A-174 by implying that some type of notice is a necessary adjunct of G.S. 160A-174. That is true event though this latter statute does not expressly mention notice at all. Either the nuisance abatement clause in G.S. 160A-174 is vulnerable to a restrictive interpretation (like G.S. 160A-193 was in Monroe )ort the municipal ordinance that implements this nuisance abatement authority must require various procedural  respective authority may be used.  Nuisance Statute Deficiencies  matter was remanded for at trial to determine the city's liability in damages.  safeguards in order to fill these constitutional breaches. Carrying Out Demolition or Abatement and the Fourth Amendment  One other set of practical and legal problems involves the actual abatement ofar nuisance or the demolition ofa condemned! building. Cily officials or their contractors go onto private properly to do their work, often without the express consent of property owners. Real and personal property may be destroyed, seized, or removed from a site. The Fourth Amendment tot the U.S. Constitution requires that any seizure of property by the State be examined for its overall  Copyright02 2009 tot present Schoalt of Govemment: atthel University of North Carolina. Allr righis reserved.  Page    Coates' Canons NC Local Government Law htpslcanonssogunc.eau    UNC  SCHOOL OF GOVERNMENT  reasonableness andi must! be based upon a careful balancing of govemmental and private interests. Soldal V. Cook County Abatement or demolition actions may be taken pursuant to an injunction or other court order. Ifso, the order should reflect the Sotalbalanangdhhtenass analysis in authorizing the destruction of offending buildings and site conditions to the extent that the nuisance requires. There are relatively few Fourth Amendment problems involving this type of judicial Ifthe demolition of ab building is instead administratively authorized, ordinarily there is no Fourth Amendment violation ift the substantive and procedural safeguards inherent in due process have been fulfilled. Freeman V. City of Dallas, 242F.3d 642 (5th Cir. 2001) (en banc); Samuels V. Meriwether, 941 F.3d 1163 (8th Cir. 1996); Edmundson V. City of Tuisa, 152F. App'x 694 (10th Cir. 2005); see also Taylor V. Town of Franklin, 2007 WL 674577 (W.D.N.C.). Thus satisfying the requirements oft the Due Process Clause is generally sufficient to satisfy the requirements of the Fourth Amendment. However, a pecullar problem arises when the nuisance abatement or properly demolition involves the disposition. of various items of personal property. Federal courts have allowed local officials and contractors considerable latitudei in determining the extent and type of abatement and demolition that a nuisance demands. Hroch V. City of Omaha, 41 F.3d 693 (8th Cir. 1993)(no Fourth. Amendment violation where personal property salvaged from other demolitions by contractor-owner were destroyed with building itself); Samuels V. Meriwether, 941 F.3d 1163 (8th Cir. 1996) (no Fourth Amendment violation when debris and burnt furniture from fire-damaged building destroyed); Edmundson V. City of Tulsa, 152F F. App'x 694 (10th Cir. 2005) (no violation where owner allowed to remove: some junked vehicles, other vehicles on site allowed to remain); Taylor V. Town of Franklin, 2007) WL 674577 (W.D.N.C.) (various personal Items and trash contained within junked vehicles deemed to be part of public nuisance itself and could! be destroyed); but see Connerv. City of Santa Ana, 897 F.2d 1487 (9th Cir. 1990) (Fourth Amendment violation where city apparently followed necessary due process steps but broke down fence surrounding back yard to remove old and inoperable junked cars). North Carolina lawi int this regard is unsettled. G.S. 160A-443(6)(c.) (minimum housing) directs the code official to' "sell the materials of the dwelling, and any personal property, fixtures or appurtenances found in or attached to the dwelling" andt to credit the proceeds against the cost of removal or demolition. As similar provision in G.S. 160A-439()(3)) (commercial maintenance codes) applies to recoverable" materials. North Carolina state courts have emphasized that government cannot take, remove, or destroy private property unless such action is' "int factr necessary to remove or abate a nuisance." Rhyne V. Town of Mount Holly, 251 N.C.5 521, 528, 112 S.E.2d 40, 46 (1960) (claim for compensation upheld for destruction of oakt trees ine enforcing overgrown vegetation ordinance). See Yates V. City of Raleigh, 46 N.C. App. 221,264 S.E.2d 798 (1980) (dismissal of damage claim reversed' where concrete finishing equipment destroyed as part of public health nuisance). But see Patterson V. City of Gastonia,. N.C. App. 725 S.E.2d 82 (2012) (sovereign immunity may barc claims for conversion ofmobile home and other personal properly, trespass to chattels, and trespass to real property); Estate of Hewitt V. County of Brunswick, 199 N.C. App. 564, 681 S.E.2d 531 (2009) (sovereigni immunity bars claim for damages where county removed and kept antiques, tools, motor parts, and building supplies recovered from barn  506U.S. 56 (1992).  authorization.  demolished by mistake).  What, then, are the lessons for local governments?  First, our nuisance statutes are deceivingly Spartan. Local ordinances can be used tot flesh necessary procedural detail. But local officials need to be aware that the law often requires more than the nuisance statutes require. Some of the Nuisance abatement based upon aj judicial order offers various advantages in determining the scope and nature ofa Keeping these ideas in mind may make nuisance abatement and building demolition a bit less ofa mess than it might  building condemnation legislation may furnish a useful guide.  Failure to follow proper procedures may! render a local government liable in damages. nuisance and in defining the appropriate steps for local governments to take in abatement.  otherwise be. Links  amonssog.ncau/p4/  Copyright @: 2009 top present SchooldfOovemment. attha Universityo of North Carolina. Allr rights reserved.  Page    Coates" Canons NC Local Govemment! Law ntpslcanonssegunc.cu  UNC SCHOOL OF GOVERNMENT  M  www.nega.state.nc.usgasctpisstuiuesfsiaurebomuppratatule-160A-26 www.noga.state.ncusgasctyssautesssiatueloupprastalute-160A-41 www.nogastate.nc.usgascrpisstauessaturabohupprastaute-160A-39 www.ncgastate.nc.usgascnpisstatutessaturelokup.plstatute-19-1 www.noga.state.nc.usgascipisstatuesaturebohupprsatule-160A-183 www.nega.state.ncusgasctpissatuesaurabomupprstatule-160A-174 www.nega.siate.ncusgpsctyisstutuesstatrelpoxuppnatate-180A.3032 appelate.ncourts:orgophoms?e-2spd-MAMMSMMCOINDUIMSSWZGY- appelate.ncourts.oryopnons/7te-24paF-MA4MBAMSOIMAIMSSWZGY- www.nega.siate.nc.usgasetpisisatuesetaualooXupprasalute:160A-443 wwwmgastaneusgascteAPAPUMANMNALSEPNs2 www.nega.state.ncusgasctpisstauiesiaueboauppratatule-160A-175 www.nogastate.nc.usgaserplsistatuesstaturelbokupprstatute-153A-123 www.noga.state.ncusfgasetplsistaluessatutalbomupprstatute-153A-121 www.nega.state.neusgaserpisistalulesssanutalpokupprstatute-153A-140 appelate.nccours.oryopnens/c-2apdFWAWMyWMOOgMSSWZGY- www.noga.state-nousgasatpisstemuessamtialoxupprsattute-160A.200.1  cholargoogle.omischa.ase/ase4r2613792488565448ah-enass.sdr2sa..5-18orscnoar scholargeoge.comlschoht.asarase27A697.982027847434Panai.sdr2aa8.5-16o-scnoar  scholargooge.comischas-4/717255.2780472hremai.sd2has.V5-1aorscroar scholargeogle.comischoc.asefasesz748057018507239474hFanar.sdr2ias.V5-18o-scholar scholargooge.comlschdlar.asalasersew-5898179815780718P04n-onsas.drzirscnoar scholargooge.omischoa.asease-10e8453884127899708Fmias.dr2ias.Vs-180-seroar scholargeogla.comkscho.ase/as-I20A2479465789458948nreniasstr2as.5-13o-scroar sholargegemmaal.oSNSCSTSSrAaEA-o-saan  caselaw.findlaw.comus-sth-crcuit1260705.htm! caselaw.findlaw.comus-sth-crout112082/.ntm www.ca10.uscours.gowopnionso04/04-5040.pdr:  edonkdiculsMex.comwdedmunconwdlyh1s-9128310 appelate.nocoursorgopnims/c2apdF-MAMOSNOCOXMDGALTEUCGRI  Thist blogr postis published andp posted online! bytha Schoolc of Govemment! to address! issues ofir interesttog gavemment officials." This blog postisf fare educational andi informalional usea andn may! be used fort thosep purposes withoutp pemmission byp providing acknowledgment afits source. Use oft this blogp postf for commercial purposesi is prohibited. Tob browsea a complete catalogo of School of Government; publications, piease visitt the Schapl's website atv www.sog.unc.adus or contact the Bookstare, Schoolof Govemment, CB#3 3330H Knapp-Sanders Building, UNC Chapall HI, Chapel HII, NC2 27599- 3330; e-malls sales@sog.uno.eauyt telephone 919,9684119;orfax  919.962.2707.  Page    Community: and Economic Development in North Carolina and Beyond  UNC SCHOOL OF GOVERNMENT  AUNC School of Government! Blog htpslIced.sog.unc.edu  M  Community and Economic Development in North Carolina and Beyond Blog: Maintenance of vacant or neglected commercial buildings: options for NC local governments  By Tyler Mulligan governments!  Article: wa..sssA--wypSEN This entry was posted on! March 20, 2018 and is filed under Built Assets & Housing, Community Development, Development Finance  Initlative, Downtown & Main! Street, Featured Articles  -   The downtown buildings in the Town of Old' Well have' good bones." The structures lining the  four downtown blocks of Main Street are solid brick and reflect their historic character, harkening back to a time when downtown was thriving with retail ont the ground floor and residential units ont the second floor. The very center of downtown is int fairly good shape, and some committed merchants have established a pocket of commercial activity there. However, event that central area is pocked with a handful of underutilized and neglected retail buildings. The downtown blocks immediately outside oft the center, where vacant buildings outnumber those with active uses, are not inviting to Residents and downtown merchants have complained' to Town officials about the privately-owned vacant buildings within and surrounding the center of downtown. Some oft the vacant structures are int fair condition but are used for storage; peering through the wide display windows reveals piles of boxes, dusty floors, litter, or worse. Some display windows are papered overt to conceal the interior. While a! handful of vacant buildings appear to be in good condition, others look visibly worse than those with active uses. Can Town officials enact any regulations to govern the appearance and general Int fact, there are: a number of options available by statute to Town officials. The options provided below are organized according tot the condition oft the structure, ranging from' "green" (good) condition to" "yellow" or" "red" (worse) condition. The green-yellow-red framework and corresponding statutory authority is summarized in a one page downloadable handout: Repair of Nonresidential Buildings. This framework is based on ap parallel framework devised for dwellings (not commercial buildings) int the book, Housing Codes for Repair and Maintenance: Using the General Police Power and Minimum Housing Statutes to Prevent Dwelling Deterioration. The one page downloadable handout should be read as a supplement Abrief overview of building conditions (green-yellow-red) and legal authority for regulating the repair and maintenance of  pedestrians.  maintenance of these commercial buildings? Yes, they can.  to the material in the Housing Codes book. nonresidential buildings is provided below. Green condition - vacant commercial buildings in good repair  Copyright02009 top prasentSchoolo of Govemmenta ati the Universlly ofNorth Carolina. Allri rights reserved.  Page    Community and Economic Development in North Carolina and Beyond  UNC  AUNC School of Government Blog htips./ced.sog.unc.edu  SCHOOL OF GOVERNMENT  M    Green" buildings are in good condition and noti in any obvious need of repair. When such  buildings are vacant forl long periods, however, it has been shown that their unmonitored state poses a risk of accidental fire orf flooding, declining property values, and arson or other criminal activity-E11 Inl North Carolina, no statute grants specific authority to regulate "green" condition structures that are vacant. However, North Carolina local governments may employ their general ordinance making authority under the police power to design and enforce their own regulations of anything that is detrimental to the health, safety, ory welfare" of residents and1 the' "peace and dignity" oft thej jurisdiction (G.S. 153A-121 & 160A-174). Vacant buildings are demonstrably detrimental to the community in the! literature and Courts will uphold police power regulations so long as they are reasonable.!2] The Supreme Court of North Carolina, in State V.. Jones, even upheld police power regulations for aesthetic considerations alone, provided the' "gain to the public" outweighs the burden on the property owner.[3] The assessment of the "gain to the public" may include' "corollary benefits tot the general community": such as "protection of property values," preservation of the character and integrity of the community," and" "promotion oft the comfort, happiness, ande emotional stability of area residents." For detailed analysis of the general police power and local ordinances regulating vacant properties, see Chapter 20 oft the Housing Codes book. Thel book's analysis of vacant residential buildings is equally applicable to vacant nonresidential buildings. Reasonable regulations may include a requirement for vacant buildings to be registered with the local government so that periodic inspections may bep performed. Inspections would verify that buildings remain secure and contain no hazardous conditions related tot fire, flooding, or criminal activity. The General Assembly has imposed some restrictions on inspections of residential units, but no restrictions arei imposed for periodic inspections of nonresidential structures.[41  therefore the exercise of the police power is appropriate.  Yellow condition - obviously vaçant or visible maintenance deficiencies  Yellow" buildings are obviously vacant or, ifnot vacant, show signs of minor disrepair (not yet  dangerous or hazardous). Whether vacant or not, buildings in' "yellow" condition jeopardize' "benefits to the generai public" (to use the North Carolina Supreme Court's words) such as' "property values" "and the' "character and integrity oft the community." There isa a clear basis for the exercise of the police power in order to encourage owners of "yellow" buildings Although no North Carolina statutes grant specific authority for regulation of yellow" buildings, al local government may employ its general police power and ordinance making authority to design and enforce reasonable regulations. This authority is the same as described above for "green" buildings. Some North Carolina towns have adopted ordinances requiring owners to eliminate any" "evidence of vacancy" in commercial buildings, such as empty or papered window fronts, visibly vacant spaces, inattention to exterior building appearance, and other deficiencies thati impair the downtown Local governments should be aware that enforcement of police power ordinances (G.S. 153A-121 & 160A-174) requires  to correct visible maintenance deficiencies and to remove evidence of vacancy.  "character andi integrity." An example of one such ordinance is available here. Copyrighte: 20091 top present Schoal of Govemment: atthel Universityo ofNorth Carolina. Allr righis reservad,  Page    Community and Economic Development in North Carolina and Beyond  UNC  AU UNC School of Government Blog htps.lcedsog.uncedu  SCHOOL OF GOVERNMENT    staff time and resources. An owner that refuses to comply with an order to address maintenance deficiencies can be fined and the local govemment: may seek a court order to abate the condition without the owner's consent (G.S. 153A-123(e)& 160A-175(e). The costs of abatement or repair incurred byt the local government become al low priority lien on the property. The low; priority oft thel lien means the local government may not be able tor recover those costs (compare to repair actions described! below for "red" buildings which resulti In high priority! liens collected like taxes). My faculty colleague Trey Allen discusses the enforcement options in more detail inab blog post on ordinance enforcement basics,  Red condition: = building is dangerous or hazardous buto can be repaired at reasonable cost  S  Abuilding in' "red" condition is one that is dangerous or hazardous  buts still can be repaired ata a reasonable cost. There are several statutes specifically addressing' "red" buildings, and these statutes represent a significant enhancement of authority as compared to the general ordinance making power described Nonresidential Building Maintenance Codes (G.S. 160A-439 & 153A-372.1). Local governments may use G.S. 160A-439 for mandatory repair of commercial buildings, but only for al building that has "not been properly maintained so that the safety orl health ofi its occupants orr members of the general public is jeopardized." Enforcement involves relativelys simpler administrative procedures, as opposed to a court order, and the cost of local government effectuation becomes al high priority lien on the property collected like property taxes. One municipality's non-residential building code, which authorizes mandatory repair orders, is available here. Compulsoryrepair in Urban Redevelopment. Areas (G.S. 160A-503(19). Local govemments may enact programs of compulsory repair within designated urban redevelopment. areas. The process for identifying blight and designating a redevelopment area is described in my blog post, Using a Redevelopment Area to Attract Private Repair of abandoned structures (G.S. 160A-441, second paragraph). Local governments mayf follow minimum housing code procedures to order repair of any structure--including nonresidential structures--deemed tol be abandoned and al health or safety hazard. See the Housing Codes book, Chapter 3, for more detail on minimum Prevent demolition by neglect of historic landmarks (G.S. 160A-400.14). Maintenance requirements can be imposed for buildings designated as historic landmarks through a demolition by neglect ordinance, as discussed in al blog post on demolition by neglect written by my faculty colleague Adam Lovelady. In ordert to exercise a particular statutory power described above, a local government must first adopt al local ordinance * containing the necessary procedures for exercise of the statutory authority. The statutory powers described above are not mutually exclusive. Al local government may adopt ande employ one or more oft the statutory powers to any particular "red" building, provided the: statute is appropriate for the specific circumstances and the relevant statutory procedures are  above.  Investment. One municipality's program is available here.  housing code procedures.  followed.  Black and blue condition - building isi in need of demolition or removal  Copyrighte 02 2009 top present School ofc Govemment: atthel University of North Carolina. AU rightsr reserved.  Page    Community and Economic Development in North Carolina and Beyond  UNC SCHOOL  AUNC School of Government Blog htpsl/ced.sog.unc.edu    OF GOVERNMENT  Buildings in "black and blue" condition are in need of demolition or removal--they: are, in most  cases, beyond repair. Fort these buildings, local governments often employ unsafe building condemnation (G.S. 160A-426 to-432 and 153A-366 to -371). The efective provisions of these statutes are generally available tol local governments without requiring: al local ordinance to be enacted in advance. Retired faculty member Rich Ducker discusses building condemnation and demolition procedures in a blog post on nuisance abatement. Trey Allen discusses summary abatement or demolition of buildings posing ani imminent danger to the public in his blog post on ordinance enforcement  basics.  Take as strategicapproach to code enforcement and revitalization  Strategic code enforcement is the firsts stepi in revitalization. To see detailed recommendations regarding strategic code enforcement for housing, provided to a North Carolina city by a team from the Center for Community Progress and the School of Government, see the report, Strategic Code Enforcement for Vacancy & Abandonment in High Point NC (CCP Code enforcement alone may not be sufficient to revitalize a distressed area. To accomplish revitalization, it may be necessary to employ al land banking approach. Land banking involves acquiring key properties, holding andi improving properties, and conveying properties to private developers with conditions in pursuit ofa a revitalization strategy. The land banking approach is described in my blog post, How al North Carolina Local Government Can Operate a Land Bank for Redevelopment. Some local governments have established redevelopment areas to aid int the revitalization process. Urban redevelopment areas are described in my blog post, Using a Redevelopment Area to Attract Private Investment. Ap program att the School of Government, the Development Finance Initiative (DFI), was created to assist local govemments with attracting private investment to accomplish their community and economic development goals. Many DFI projects are undertaken withi the goal of revitalizing a distressed area with vacant or underutilized structures.  Report 2016).  Examples of DFI projects can be reviewed here.  (HUD-Evidence Matters, Vacant and Abandoned Properties: Turning Liabilities Into Assets (Winter 2014); Accordino & Johnson, Addressing the Vacant and. Abandoned. Property Problem, Journal ofl Urban Affairs 22:3, 302-3(2002). [3] 3051 N.C.5 520 (1982). Ther reasonableness of aesthetic regulations is determined on a case-by-case basis by examining "whether the aesthetic purpose to which the regulation is reasonably related outweighs the burdens imposed on the [41Mulligan, Residential Rental Property Inspections, Permits, and Registration: Changes for 2017, Community and Economic Development Bulletin #9, available for download here. Question 18 int the bulletin explains that recent changes  [21 A-S-P Associates V. City of Raleigh, 298 N.C. 207 (1979). private property owner by the regulation."ld.: at 530-01.  to periodic inspections statutes apply only to residential units, not nonresidential structures.  Thist blogr poslis published and posted online by the Schaol of Govemmant tos addressi issues afl inlerestt to govemment officials. This biogp postk Isfore aducatlonal andi informational use andn may bet usedf fort those purposes wilhout permission! by providing acknowledgment ofitss source. Used of! hisb biog post for commarcial purposes Is prohibited. Tobrowse ac complete catalog ofSchools of Govemmenl publications, please visit the School's websits atv www. sog.unc.edud ord contact Ihe Bookstore, Schoolof Govemment, CB# 3330K Knapp-s -Sanders Buiding, UNCI Chapel Hil, Chapel Hll, NC2 27599-3330; e-mail sales@sog.unc. edu; telephone 919.966.4119; or fax 919.962.2707. Page    UNCSchool of Government  Tyler Mulligan Recoup costs Decriminalized civil penalty (GS 160A-175) Admin fee 160A-175) Costs of on property (GS160A-175)  Repair of Nonresidential Buildings: NC Local Government Authority  Regulation /Order Green Condition: Good condition but vacant Ordinance could require: 160A-174 & 153A-121  NCGS Authority  Statutory standards  detrimental tot the health, safety, Admin fee  Vacant property (General ordinance-making or welfare ofi its citizens and the  registration  power) 160A-194 &: 153A-134 (Regulating businesses) (General ordinance-making power) 160A-194 & 153A-134 (Regulating businesses) Inurban redevelopment area: "program of "loans therefor" 160A-503 &: 160A-512 via 160A-456 & 153A-376  peace and dignity" ofthe city/county  Yellow Condition: Obviously vacant or visible maintenançe deficiencies (not dangerous. or hazardous)  Ordinance could require: 160A-174 &: 153A-121  "detrimental to the health, safety, or welfare of its citizens -Decriminalized and the peace and dignity" of civil penalty (GS the city/county State V. Jones (1982): "aesthetic considerations may executing court constitute a valid basis for the orderare exercise oft the police power"i if mechanic's lien public benefit outweighs private harm: "protection of property values" "preservation of the character and Integrity of the community" "promotion of the comfort, happiness, and emotional stability of area residents"  Keep bldg. appearance in good repair Exhibit no evidence ofvacancy Injunction or Court order of abatement Gov'tr may effectuate if owner cited for contempt forf failing to comply with court order  Failure to comply, obtain; compulsory repair" and  Red Condition: Building is dangerous or hazardous but can be repaired at reasonable. cost:  - Admin fee Civil penalty GS160A-439 but  May order repair onlyi if: 160A-439: "dangerous and injurious" bldg. with repair cost warehousing) 160A-441: "abandoned structure" that isa area: "program of "hazard" with repair cost that is "loans therefor" determined by local government  160A-439 (Nonresidential Buildings) Counties: 153A-372.1  160A-439: Repair cost LESS than 50% building value & "standards are dangerous andi injurious to  shall address only conditions that authorized under andi identify circumstances under Costs become the repair, closing, or demolition of special such buildings or structures." 160A-441: Repair cost is health or safety hazard [for enumerated reasons)." Governing board may establish property owners from undue economic hardship."  160A-441 (Minimum Housing public health, safety, and welfare NOT 160A-441  <50% bldg. "value" for any abandoned"  (EXCEPT manuf. & structure that is a' "hazard") which a public necessity exists for lien collected: as  Counties: 160A-442(1) In urban redevelopment compulsory repair" and 160A-456 &: 153A-376  assessment Costs also lien on owner's other  OR  "reasonable" (% defined! by local property within govt per GS 160A-443)f for .any city( (but not  "reasonable" as 160A-503 & 160A-5121 via abandoned: structure which (is]a home)  Black & Blue Condition: Building in nééd of demolition or removal Ordinance can be enacted 160A-400.14 (Delayi in designated landmark or any Counties: 160A-400.2  General authority effectuate asyellow condition) (GS160A-175)  "to prevent the demolition demolition of landmarks and standards and requirements but to enforce &  by neglect of any [structure) within an established historic district."  buildings in historic district) ordinance shall "provide  appropriate: safeguards to protect ordinances (same  40A-3(b)(8) (Eminent domain)  mulgan@sog.uncedu 2015-1    98  4 o 0 0  3 3 6 0o o e 1 - 1  D8 D8 N Ss 9 8 3    TownofSawmils) Vacation Accrual RateChart  Years of Service 0-4. Years 5-9Years 10-14Years 15-19 Years 20+ Years  Hours Per Month 6.67 8 10 12 13:34  Hours Per Year 80.04 96 120 144 160.08  Days Per Year 10 12 15; 18 20: o.  :  SADENCVAcaNOnAsaA RateChart:  Years of Service <5Years 5 But < 10 Years 101 But <15.Years 15 But < 20 Years 20+ Years  Hours Per Month 9 hrs 20 mins 11 hrs 20 mins : 13 hrs 20 mins 15 hrs 20 mins 17 hrs 20 mins  Hours Per Year 112 136 234S 160 184 208  Days Per Year 14 3303 17 20: 23 26  Proposed: ChangeinAruaRate (Increase)  Years of Service 0-4.Years: 5-9 Years 10-14Y Years 15-19 Years 20+ Years:  Hours Per Month 2.66 3.33 3.33 3.33 3.99  Hours Per Year 31.96 40 40 40 47,92  Days Per Year 4. 5 5 5 6    Budget Notes  171.1.  Ibelieve, historically, what you are use to is an engineering reports or presentations from Bengie or Todd outlining paving or water projects slated for the next FY. I've seen some previous presentations that had current housing trends and industry analysis ini them. Aftertaking that into considerations along with growing up here and thinking about what Iwould want iflv were on Council, lopted out of a long Powerpoint presentation and chose the honest conversation Idon'tintend to waste your time today.. l've. put everything in my notesl Ifeel is important for us to cover and if we make it though early then we are done early. figure you all have things to do Idon'tr read minds sO ify you, don't like the format of today or you would like to see something differently, let me know. Ipromise 10 can work powerpoint and make presentations. Ijust felt like discussion was more important and needed that me talking at you about stuff you probably Iwas anxious to see if my "Growing up here" thoughts" and ideas matches my "Managing here" thoughts and ideas. Sot far, some have run hand in hand and some have been different. Some of the things we discuss today will be absolutely 20/21 FY Budget items. Some things come from. our Coffee session and issues that were discusses ini it Some are things that are important and we will need to address them in the future. And NOT, heyl lets make a plan just so we can play kick the can and push something off in hopes Ipromise you, I'll do my very best to never mention something to you that will be a waste of  instead. just like Ido.  didn't care about.  Some were things I've noticed since I've been here. Others will be, hey this is vital we need to make a plan now.  of never getting to it. Town time or resources.  I'm sO excited I'm giddy! I've had more people ask, "So what are yall going to do, orso That's not what this is all about but if someone is looking for 100 acres to put house on  what do youa all have planned." They see the potential. would you like it to go in Sawmills or somewhere else?  Iwant to say two things before we start:  1* At any point you have a question, comment, or concer..-speaki up. 2ndIn never dreamed Iwould tell a Council this because I'm just that conservative You have a Fund Balance (Savings Account) ify youl hear a project that is a GOOD  and Istress GOOD idea lets talk about it. Spending Fund Balance on Good Projects is Good Spending Fund Balance on Bad Projects is Bad Operating out of Fund Balance is stupid and Iwon't do it. NOT spending money is NOTa fiscal plan. Its not a plan at all. Citizens DO NOT pay taxes for us to act as a savings account They pay taxes to receive benefits, programs, services, and for us to use their We can do a lot of projects, even big projects, and taxes WILL NOT goup  money wisely.    Local government employees are tough to find and getting tougher. Some you can pull from other fields and retrain but it takes time and is costly. Its easier to be attractive to the ones that want to worki in local government Either way being attractive catches both crowds  See Chart Salary Increases 3%COLA 2% Merit  Phase II Stormwater (Explain)  Total Cost for Mapping = $51,504.17. EDA Grant Coverage = $25,752.09 Town's Responsibility= $25,752.09 Monthly Rate for 2 years = $1,073.00  200 AMP Drop in Grass Lot for events and Christmas (Express to electrician that Boxes must be  tamper proof). New Server  <52,00.ODepending on permit costs  Device that houses all of our utility billing information Will add security and stability to the system  Put off for quite a while  Kicked off regularly (Sometimes a couple times a week) then forced to reboot Imagine if that were your personal computer Now reminder yourself that it handles all of our payments Convert to "Rack" style rather than "Computer Tower" style  $40,000 Server Room Beyond a necessity  Operating out of a coat closet with bifold doors is unthinkable with the liabilities and security threats that face local governments especially with the utilities we offer.  Karen &. Julie Office Cameras  Needs Room for additional secure filing cabinet(s) recording loop you would want (2 Weeks-+)  There are a few here and there but they are not great quality nor do they offer the We don't want to be like the gas station that was robbed by a fuzzy object.  Outside  360 Coverage  Clear coverage of parking areas  Focused coverage of entry doors & front of building (Ronnie's Gas Incident)    Part I: Eminent Issues  Optimist & Recreation in Sawmills Ican see it as an end user  Optimist has 3 members that are not getting younger or less burnt out Ify you have 5 years left I'd be surprised, 10 I'd be astonished We are already carrying the brunt of the cost  Salary Mowing Maintenance Lights  The only things we are not covering are the pass through or break-even costs such as  the registration fees washing out with: Insurance Fees Umpire Fees Equipment Fees Sectioning Fees  We will pick up some headache with complaints but it will be minimal as they will continue to flow through Benny but could potentially land on my desk and I'm fine with We will experience added strain of accepting registration payments but ai tremendous amount of that can be alleviated by moving registrations online rather than the current two day per week sitting at Baird Park waiting for people to show up. Itwill also be seasonal and during specific registration times We will have additional part-time staff (Umpires) but unless Karen objects because it would be more difficult, Iwould say to not include them in the weekly payroll batch. Iwould say bi-weekly at best but M'I differ to her on that call. Ispoke with Gene and Benny beçause sometimes Optimist Clubs can be touchy subjects but Ibelieve they both have just been holding on because they knew no one else would. Ultimately, Iknow we are going to get it either way and if we want it or not. It just makes more sense to do it NOW while everyone is healthy and able. Its hard to tell a volunteer they need to do something better before Benny retires and while Gene is healthy.  that.  Also, we can do it better.  Our parks and recreation is one area we have to capitalize on and it makes sense to doi it    1+N Mile Rd 18' Width with 60' Easement Combination DOT/Town street Bang for your buck??? projects is it worth it NOW? : You're essentially widening for 1-2 events per year. Consider adding to CIP in the near future.  Consider widening road to make it more useable for events  Widening is needed but when comparing cost/benefit in regards to other needed  Part IV: Future Concerns  New ogp/randing/Marketng O Its time.... Paving in Doe Run  We need a plan specifically for it.  Neighborhoods built THEN taken in COMMONLY have road issues  They look like an alligator, Ijust left one in Catawba and if you wait too long, they will Itst tougher to judge thèm by appearance because you have to remind yourself of the  cripple you.  underlying instability: and poor condition you can'tsee.  ADAAssessment/Plan/Plan/mplementation 5-10 Plan Much like CIP  State and Fed put these requirements in place some time ago  Recently started cracking down on it by tying compliance to certain grant monies WPCOG offering the service and some municipalities already getting ahead of the curve Inmany cases, after a plan is in place compliance is as simple as taking steps int the right Fore example, could be as simple as moving the height of a sink or paper towel holder or as difficult as widening hallways or sidewalks and/or making an area accessible Why is it important? You have heard me say before that I believe in many ways Sawmills isal Bedroom Community, in that, the majority of the population lives here but works Most residents of these communities want amenities and recreational opportunities. Congratulations, you have the nicest parks and recreational opportunities in the county, Bad News, if you're going to have an ADA issue, guess where it will more than likely Recreation area, common area such as sidewalk or a meeting/gathering place like Town Ona positive note, since most of the recreation areas were built with grant monies, I don't foresee any substantial issues because of the engineering requirements placed on  direction  elsewhere.  come from. Hall them    Break Room  Might seem like al luxury request but as a supervisor, nothing, bothers you more than seeing employees bust their hind ends all morning taking payments, setting up accounts, and dealing with the public. Then later when I walk by, they are having to sit in one of the audience chairs to eat their lunch and try to resta Some of you are probably thinking, "l've ate worse places," and Ihave too., but that was a different job and we were different employees. l've ate lunch in cars, on cars, in the woods, against, buildings, about anywhere you could think, and I've had a lot of Those were different career and jobs and these are different This is after they gotten their food and heated it up in the room that was built to hold the water heater. Seriously. Idon'tt tell yout this to complain or whine, again, Idealt with much worse. Itell you this to tell you how the employees have sacrificed and to prove that the request of some type of break  minute.  days Ididn't get to eat lunch at all.  employees.  room isn'tal lavish request.  Ultimately the building is a Capital Asset and needs to be treated as one One of the things like to do is relate everything back to by personal finance or personal assets. It makes it easier for me to understand.So  with that in mind...    Part VI: Events  I'm well aware this is a budget session but it seemed the most contentious issue at the Coffee  session was events, their dates, times, schedules, locations, and logistics.  And, well, they cost money details sO lets get this worked out now. really succeed at and focus on them.  Idon'tintend to place on the agenda and take up meeting time with event Ido want to point out Ithink we should pick out 2or3 events we feel we can  Egg Hunt  April ?????? Sign Ups 3:00-3:30 1Race @ 3:30 Veterans Park Age Groups: Walking-3YOA  4YOA-6YOA 7YOA-9YOA  Farmers Market (Opening Day Tuesday May 5+)  Tuesdays 3:00-6:30p Farmers Market Memorial Day (Town Closed 25t)  o o  Sawmills Fire & Rescue Appreciation Week (9/6-9/12) Ceremony 12+h 3:30p Farmers Market Fall Festival /Tractor & Treat (10/30) Friday 10/30/2020 12:00p-7:00p Farmers Market Veteran's Memorial Ceremony Saturday 11/14/2020 10:30a Veteran's Park Christmas Tree Lighting Thursday 12/03/2020 6:30p Farmers Market Christmas Parade Saturday 12/05/2020 10:00a (Line-up @ 9:30a) Helena St    Page 1of5  TUESDAVTEBRUARY 18, 2020  TOWN OF SAWMILLS REGULAR COUNCIL MEETING  6:00 PM  COUNCIL PRESENT Mayor Johnnie Greene Keith Warren Clay Wilson Joe Wesson Melissa Curtis COUNCIL ABSENT Rebecca Johnson  STAFF PRESENT Julie Good Terry Taylor  CALL TO ORDER: Mayor Johnnie Greene called the meeting to order at approximately  6:00pm.  INVOCATION: Harold Curtis gave the invocation.  PLEDGE OF ALLEGIANCE: Bryant Keller from Sawmills Elementary School led the  Pledge of Allegiance.  ADOPT AGENDA: Mayor Johnnie Greene asked for a motion to adopt the February 18, Joe Wesson made a motion, and Keith Warren seconded, to adopt the February 18, 2020  2020 agenda.  agenda. All were in favor.  APPROVE JANUARY 21, 2020 REGULAR MEETING MINUTES: Mayor Johnnie Greene asked for a motion to approve the January 21, 2020: regular meeting minutes. Joe Wesson made a motion, and Clay Wilson seconded, to approve the January 21, 2020  regular meeting minutes. All were: in favor.  APPROVE JANUARY 21, 2020 CLOSED SESSION MEETING MINUTES: Mayor Johnnie Greene asked for a motion to approve the January 21, 2020 closed session meeting Clay Wilson made a motion, and Keith Warren seconded, to approve the January 21, 2020  minutes.  closed session meeting minutes. All were in favor.    February 18, 2020 Page 2 of5  PUBLIC COMMENT: Mayor Johnnie Greene asked if anyone had any questions or  comments at this time. No one wished to speak RECOGNITIONS:  RECYCLE REWARDS WINNER: Mayor Johnnie Greene announced Debra Smith, as the February Recycle Rewards winner. A credit of thirty-two dollars ($32.00) will be added to  the current sanitation bill. No Council action was required.  SAWMILLS VOLUNTEER FIRE AND RESCUE DEPARIMENT PROCLAMATIONS: Mayor Johnnie Greene presented proclamations to the following  Sawmills Volunteer Fire and Rescue Department members:  Member of the Year: Officer of the Year: No Council action was required.  Mike Jacobs Josh Lakey  FINANCIAL:  BUDGET AMENDMENT: Mayor. Johnnie Greene stated that with the contract being signed for the AMI Water Meter Project, eight hundred thousand dollars ($800,000.00) would need to be moved into a CIP Fund, four hundred twenty thousand dollars ($420,000.00) from the General Fund and three hundred eight thousand dollars ($380,000.00) from the utility fund. Melissa Curtis made a motion, and Keith Warren seconded, to approve a budget amendment in the amount of eight hundred thousand dollars ($800,000.00), four hundred twenty thousand dollars ($420,000.00) from the General Fund and three hundred eight thousand dollars ($380,000.00) from the utility fund, into the CIP Fund for the AMI Water Meter Project. The budget amendment passed three (3) to one (1) with Joe Wesson being the only opposed.  PUBLIC COMMENT: Mayor Johnnie Greene asked if anyone had any questions or  comments at this time. No one wished to speak  UPDATES:    February 18, 2020 Page 3 of5  FEBRUARY CODE ENFORCEMENT REPORT: Town Planner Hunter Nestor stated  that there are seven (7) code enforcement cases open:  Carolyn Bray/Robyn Brittian, owner 2570 Baker Circle. Abandoned Mobile Home/Garbage and Rubbish. Town Planner Hunter Nestor stated that he is working with Town Attorney Terry Taylor to abate the property. Town Planner Hunter Nestor also stated that he will treat this as a Junk and Debris and not minimum housing. If SO, the Town can proceed to abate after thirty (30) days of notice. Town Planner Hunter Nestor stated that he got a quote that will demo entire trailer and haul off all debris including our equipment, labor and fees. Town Planner hunter Nestor stated that the quote is four thousand one hundred dollars ($4,100.00). Town Planner Hunter Nestor stated that staff plans to abate this in the current budget year, in the spring of Timberline Lumber Company, 4221 US Highway 321A. Overgrown Vegetation/Property Maintenance. Town Planner Hunter Nestor stated that he received a complaint on July 2, 2019, and original NOV letter was sent July 16,2019 and no response or no progress as of August 8, 2019. Second NOV letter was sent on August 8, 2019. Town Planner Hunter Nestor stated that he never received any response from owner, but some progress had been made. Town Planner Hunter Nestor stated that hei received at telephone call complaint about the property and the individual was informed that a written complaint would need to be submitted to investigate the property. Town Planner Hunter Nestor stated that he received the written complaint on February 18, 2020, and will send a NOV letter out on February 20, 2020; Debra Rose, 4284 Trojan Ln. Dangerous Dog/Animal Creating a Nuisance. Town Planner Hunter Nestor stated that he received a complaint on November 26, 2019 about multiple dogs running around with no leash in a neighborhood. Town Planner Hunter Nestor stated that the complaint stated that the dogs were digging holes, habitual barking, howling and whining through the night and creating a physical threat to neighbors and other animals. NOV letter was sent on December 3, 2019, with a deadline ofDecember 19, 2019. Town Planner Hunter Nestor stated that there wasno response from the owner. Town Planner Hunter Nestor stated that he received another complaint and a second NOV letter was sent out on January 16, 2020 with a deadline of. January 28, 2020. Town Planner Hunter Nestor stated that Caldwell County Animal Control has been notified. Town Planner Hunter Nestor stated that the property is a rental and he has spoken to Mrs. Rose and she informed Town Planner Hunter Nestor that she has spoken with her tenants. Town Planner Hunter Nestor stated that the original complainant had submitted videos to town staffofthel habitual barking. Town Planner Hunter Nestor stated that he will work with Caldwell County and Town Teresa Annas Compton, 4486 Sawmills School Road. Abandoned Mobile Home/Garbage and Rubbish. Town Planner Hunter Nestor stated he received a complaint on January 13,2020. Town Planner Hunter Nestor stated that a NOV letter  2020;  Attorney for further action;    February 18, 2020 Page 40 of5  would be sent out on January 23, 2020 with a deadline of February 10, 2020. Town Planner Hunter Nestor stated that the trailer is not finished and located on the same property as the Compton house that the Town abated in 2018. Town Planner Hunter Nestor stated that staff will investigate and work with attorney for possible courses of abatement. Town Planner Hunter Nestor stated that one (1) of Ms. Compton's sons is scheduled to meet with staff in late February to work towards getting the property in Dwayne K and Bridget E Mann, owners 4353 Eli Ln/Fancy PI. Garbage and Rubbish/Property Maintenance. Town Planner Hunter Nestor stated that he received acomplaint on January 2, 2020, and a regular NOV letter and a certified NOV letter was sent on January 2, 2020, with a deadline of January 20, 2020, Town Planner Hunter Nestor stated that the certified NOV letter was returned for being unclaimed, but the regular letter was not returned. Town Planner Hunter Nestor stated that a second NOV: letter was sent on. February 13,2020. Town PlannerHunterk Nestor stated that the property has junk/garbage all over the property. Town Planner Hunter Nestor stated that ifthere is no response after the second NOV letter, staff can enforce fines Jerry Michael and Camille Hawn, 4491 Loye Ln. Garbage and Rubbish/Property Maintenance. Town Planner Hunter Nestor stated that a complaint was received on January 28, 2020. Town Planner Hunter Nestor stated that the complaint addressed two (2) separate properties and possible violations. A NOV letter was sent on February 13, 2020, with a deadline of March 4, 2020 for the Miller property. Town Planner Hunter Nestor stated that the Miller property is in violation for having high grass/vegetation and junk and garbage located around the property. Town Planner Hunter Nestor stated that the Hawn property is not in violation as brush pile was picked up on January 31, 2020. Town Planner Hunter Nestor stated that complainant states that Mr. Hawn has more brush scattered throughout the property, but staffdid Dale E and Debra Miller, 4434 Jess Dr. Garbage and Rubbish/Property Maintenance. Town Planner Hunter Nestor stated that a complaint wasi received on January y28,2020. Town Planner Hunter Nestor stated that the complaint addressed two (2) separate properties and possible violations. ANOV letter was sent on February 13,2020, with a deadline of March 4, 2020 for the Miller property. Town Planner Hunter Nestor stated that the Miller property is in violation for having high grass/vegetation and junk and garbage located around the property. Town Planner Hunter Nestor stated that the Hawn property is not in violation as brush pile was picked up on January 31, 2020. Town Planner Hunter Nestor stated that complainant states that Mr. Hawn has more brush scattered throughout the property, but staff did not find any evidence.  his name and get the property cleaned up;  and possible abatement;  not find any evidence;  No Council action was required.    February 18, 2020 Page 5of5  COUNCIL COMMENT: Mayor Johnnie Greene asked if anyone on the Council had any  questions or comments at this time.  Keith Warren wanted to thank everyone for coming out to the meeting.  Joe Wesson wanted to thank everyone for coming out. Joe Wesson stated that the Council  might not always agree, but will leave shaking hands.  COUNCIL ADJOURN: Mayor Johnnie Greene asked for a motion to adjourn. Clay Wilson made a motion, and Joe Wesson seconded, to adjourn the meeting. All were in  favor.  The meeting was adjourned at approximately 6:12pm.  Johnnie Greene, Mayor  Julie A. Good, Town Clerk    Page 1 of2  THURSDAY, MARCH 5, 2020  TOWN OF SAWMILLS SPECIAL COUNCIL MEETING  5:00 PM  COUNCIL PRESENT Mayor Johnnie Greene Clay Wilson Keith Warren Rebecca Johnson Joe Wesson Melissa Curtis  STAFF PRESENT Chase Winebarger Karen Clontz Julie A Good  CALL TO ORDER: Mayor Johnnie Greene called the meeting to order at approximately  5:09pm.  INVOCATION: Mayor Johnnie Greene gave the invocation.  PLEDGE OF ALLEGIANCE: Mayor Johnnie Greene led the Pledge of Allegiance. ADOPT AGENDA: Mayor Johnnie Greene asked for a motion to adopt the agenda. Rebecca Johnson made a motion, and Joe Wesson seconded, to adopt the agenda. All were  in favor.  CLOSED SESSION: NCGS $143-318.110)4)5): Mayor Johnnie Greene asked for a Clay Wilson made a motion, and Joe Wesson seconded, to go into closed session pursuant to Clay Wilson made a motion, and Joe Wesson seconded, to come out of closed session at  motion to go into closed session.  NCGS 143-318.11(8,420) at approximately 5:20pm. All were in favor.  approximately 5:30pm. All were in favor.  RUSSELL DRIVE EASEMENTS: Town Manager Chase Winebarger stated that in order toi finish up all the easement acquisitions for the Russell Drive waterline replacement and Rebecca Johnson made a motion, and Clay Wilson seconded, to pay compensation to SKD Properties as adequate funds are already in the project budget. All were in favor.  paving project, SKD Properties has asked for compensation.  WOODLAND DRIVE WATERLINE REPLACEMENT: Town Manager Chase Winebarger stated that when the Town took over and paved Woodland Drive, the Town did not take over the waterline. Ithas come to the attention of staff that the customer maintained waterlines are under the asphalt road. Town Manager Chase Winebarger stated that the easiest solution to this problem is to install ai new Town maintained waterline down Woodland Drive    March 5, 2020 Page 2of2  and move the two (2) existing customer meters from the top of Woodland Drive to the Town Manager Chase Winebarger stated that he spoke with Todd Poteet, with West Consultants, and a quote was received from Piedmont Utility Group, Inc., for twenty-seven thousand two hundred ninety-three dollars and ten cents ($27,293.10), to be completed at the Clay Wilson made a motion, and Joe Wesson seconded, to install a Town maintained waterline on Woodland Drive and move the two (2) existing meters from the top of Woodland Drive to the respective properties, by Piedmont Utility Group, Inc. for the amount oftwenty- seven thousand two hundred ninety-three dollars and ten cents ($27,293.10). All were in  respective properties.  same time as the Mission Road and Russell Drive waterline projects.  favor.  ADJOURN: Mayor Johnnie Greene stated no Council action was required and asked for a Clay Wilson made a motion, and Rebecca Johnson seconded, to adjourn the meeting. All  motion to adjourn the meeting.  were in favor.  The meeting ended at approximately 5:35pm.  Johnnie Greene, Mayor  Julie A Good, Town Clerk    MARCH 5,2020 MINUTES OF TOWN COUNCIL BUDGET WORKSHOP 5:00 P.M.  COUNCIL PRESENT Mayor Johnnie Greene Keith Warren Clay Wilson Rebecca Johnson Joe Wesson Melissa Curtis  STAFF PRESENT Christopher Todd Karen Clontz Julie A Good  CALL TO ORDER: Mayor Johnnie Greene called the meeting to order at  approximately 5:35pm.  ADOPT AGENDA: Mayor Johnnie Greene asked for a motion to adopt the agenda. Joe Wesson made a motion, and Clay Wilson seconded, to adopt the agenda. All were in  favor.  ITEMS FOR DISCUSSION:  Town Manager Chase Winebarger discussed the budget needs for the Fiscal Year  2020/2021.  COUNCIL ADJOURN: Mayor Johnnie Greene asked fora a motion to adjourn.  Clay Wilson made a motion, and Keith Warren seconded, to adjourn the meeting at  approximately 6:07pm. All were in favor.  Johnnie Greene, Mayor  Julie A Good, Town Clerk    AGENDA ITEM 7A  MEMO DATE: SUBJECT:  March 17, 2020 Recognition: Recycle Rewards Program  Discussion:  The Town of Sawmills would like to congratulate Tiffany Rayle on winning the Recycle Rewards Program for the month of March. Mayor Johnnie Greene will present her with a Certificate of Appreciation. A thirty-two dollar ($32.00) credit will be added to the current  sanitation bill.  Recommendation: No Council action is required.    AGENDA ITEM8A  MEMO DATE: SUBJECT:  March 17, 2020 Financial Matters: Request for a Donation To. American Legion  Post392  Discussion:  The Town has received a request from Hudson American Legion Post 392 for a donation in the  amount of $200.00 (two hundred dollars).  There are sufficient funds in the budget for this request.  Recommendation:  Staffrecommends Council discuss this matter and decide how they wish to proceed.    Town of Sawmills  Johnnie Greene, Mayor  Funding Request:  Name of Organization:  Phone  Americap Leg/ow P4aS8-V93-20)>  392  Permanent Address: 243 Legiow Rd  City:  State: NG Fed Tax ID#:  Zip Code:  Hdsow  28638  Contact Name:  LoreNzo Kel/y -Commander  56-1530/49  Amount Requested:  0o  Amount needed for the Project: Project Begin/End Dates:  #200  Date Funds Needed: 04-18-2020 Complete description of project:  04-18-2020  Rock Creek Chdb COON Club will be bauie The fundaiser far Americon legion Bs7'392 ALL funds Cellerted willgo sho duesagisa  Po S7 392  Howwill the funds be used? B  How will this Thg  Turdo OAR. ugod 7e  Vetonaso sitl Boats erbefuet  BideRab PioR the community? 1  DLhd    sill haly aney Datian thatmasla  hs Comak  Official Town Use Only  Date application received:_ 3/alau Date approved/denied (circle one): Date check written:  Date presented to Council:_ 3/12h26  Amount approved:  Available balance in Governing Body Expense Acct: $L00.00  Check #:  Amount:  Thisi instrument has been preauditedi ini ther manner required by the Local Government Budget and Fiscal Control dpa-dad    AGENDA ITEM9A  MEMO DATE: SUBJECT:  March 17, 2020 Discussion:  Proposed Longevity Pay  Discussion:  During the February 13, 2020, Town Manager Chase Winebarger spoke with Council regarding the current longevity pay policy (see attached proposed Longevity Scale). Town Manager Chase Winebarger also spoke to Council about allowing current local government and state employees that become employed by the Town of Sawmills to be able to include the employees' years of service, that the employee had prior to employment at the Town of Sawmills, into the proposed  longevity scale. Recommendation:  Staff recommends Council approve the attached proposed longevity scale and allow current local government and state employees that become employed by the Town of Sawmills to be able to include the employees' years of service, that the employee had prior to employment at the Town  of Sawmills, into the proposed longevity scale, effective July 1,2020.    oo N  R Mse 6  u  a un 4 3 N  5 0 4  > o 0 8 &    AGENDA ITEM 9B  MEMO DATE: SUBJECT:  March 17, 2020 Discussion:  Proposed Vacation Accruals  Discussion:  During the February 13, 2020, Town Manager Chase Winebarger spoke with Council regarding the current vacation accruals. Town Manager Chase Winebarger suggested that the Town match the state accrual rate for vacation time (see attached vacation accrual rate chart).  Recommendation: 2020.  Staff recommends Council approve the attached vacation accrual rate chart effective July 1,    Townotsawmils Vacationy AtcuglRateichait  Years of Service 0-4Y Years 5-9Years 10-14 Years 15-19 Years 20+ Years  Hours Per Month 6,67 8 10 12 13,34  Hours Per Year 80.04 96 120 144 160.08  Days Per Year 10 12 15: 18 20  SateofNC Vacation Accrual Ratey Chart  Years of Service <5) Years 5 But <: 10 Years 10 But <; 15 Years 15 But < 20 Years 20+ Vears  Hours Per Month 9 hrs 20 mins 11 hrs 20 mins 13 hrs 20 mins 15 hrs 20 mins 17h hrs 20 mins  Hours Per Year 112. 136 160 184 208  Days Per Year 14, 17 20 23 26  Proposed/Chengeing Accrual Rate (increase  Years of Service 0-4Years 5-9Years 10-14 Years 15-1 19 Years 20+ Years  Hours Per Month 2.66. 3.33 3.33 3.33 3.99  Hours Per Year 31.96 40 40 40 47.92  Days Per Year 4 5 5 5 6    AGENDAITEMIIA  MEMO DATE: SUBJECT:  March 17, 2020 Updates: Code Enforcement Monthly Report  Discussion: the town. Recommendation: No Council action required.  The attached report shows the progress that Planner Hunter Nestor continues to make throughout