OFNET TOWN OF NEWLAND 1/7/2025 BOARD MEETING ATTENDING: MAYOR: Derek Roberts ALDERMAN: James Johnson, Gail Haller, Christie Hughes, Dave Calvert, Kenan Foxx (absent) GUEST: Vicki Caraway, Kenny Caraway, Vanessa Angrisani, Susan Johnson, Christy Ray, Butch Hughes, Theresa Foxx, Donetta McKinney, Andi Hammer, Nathan Gittner, Sara Hartzog, Sabrina Stout, Crystal Wise, Mr. Eggers STAFF: Town Manager/Finance Officer Sandy Lewis, Police ChiefMichael Fields, Public Works Director Gary Lewis, Town Clerk Jessica Buchanan, Town Attorney Gerald McKinney Mayor Roberts called the meeting to order at 6:00 p.m. and led the assembly in thel Pledge of Allegiance. Alderman. Johnson made ai motion to approve the December minutes. Alderman Calvert seconded the motion. All agreed by a show ofh hands and stating aye. Alderman Hughes madea motion to adopt the agenda as stated. Alderman Haller seconded the motion. All agreed a show of hands and stating aye. Mayor Roberts congratulated: Mayor Pro' Tem Haller on retirement by after 43 years as a nurse. JIM CARTNER - HOMELESS INDIVIDUALS Mr. Cartner was unable to attend the meeting; however, Sandy had spoken tol him beforehand. She stated he wanted to come and address the board about what we were going to do about the unhoused individuals in the Town ofNewland. Mayor Roberts asked ifa anyone had any ideas sO we could ahead oft the situation. Vicki Caraway stated Mr. Cartner's land adjoins the area where the get individuals would camp along the river. However, she said she was not surei ift that was the issue. Sandy stated wel had an incident around' Thanksgiving where an: individual was camping in a tent, sO we tried to get him some help. There is al homeless shelter in Boone, and they would not let him because he had at tent and some other equipment. Chief Fields stated that the Boone Police Department! had contacted him and said they had bought thei individual al bus ticket to go wherever he wanted. Chief said he had spoken with Mr. Cartner in the spring/ early summer, and they up on his property to keep thej people from camping there. They got it to where nothing was really going on except for people walking the river to go fishing. After that, they took the camera down and moved it to another spot in Town to work on other things. However, since Helene, Chief stated he was not sure ifanything had happened since then at Mr. Cartner'sproperty. Sandy said he didn'ts say anything specific about his property; hel had just seen them throughout Town. Mayor Roberts asked ifanyone was going to get the dumpsters along the riverbank. Gary said he had called Republic three times and told them exactly where and how to get there six weeks ago. He said after stay puta camera that, he just gave up calling and thought ifthey wanted them, they would get them. Sandy stated we could let Appalachian Waste have them, and they could re-paint them, even though we probably aren'tallowed to do s0. Gary said three dumpsters on the other side of Shomaker would: notl be complicated to get to. There are two behind thel Mayor's old seal-coating building across thei river. However, the three would have been pretty easy to access, Sandy said the next written notification to Republic could be ift they don't get them within sO many days, the dumpsters will become Town of Newland property to dispose ofa according to a resolution shei is going to present to thel board tonight. Alderman Calvert also mentioned giving them to Appalachian Waste or anyone else ifR Republic did not pick them up. Attorney McKinney stated that at: somej point, property does become deemed and abandoned. Andi Hammer stated that it doesn'twork: so well. Mayor Roberts said that was a vehicle. Iknow where you are going with this, and thati is slightly different. Attorney McKinney stated he would: need to: research our options because they can'tjust leave it there. He said he knowsi if somebody leaves ai mobile home on your property, there are ways you can get that off. He would look into it and let the board know what he finds. RESOLUTION- - LIQUORI BY THE DRINK Sandy stated she was able to obtain our general election abstract of votes from the County and the sample ballot sent to the) North Carolina ABC Commission. After that, they updated their legal sales area and shej prepared the resolution per their recommendation, Thel board has to designate the' Town Manager as thei individual who will sign off any permits within the' Town. For example, ifPuerto wants to sell liquorbyt the drink, they apply to the ABC Commission for aj permit. The ABC Commission sends the permit here, and Sandy will go to! Puerto and say yes; it looks like a decent establishment. She will then sign the permit and return it to the ABC Commission, which will approve it. Sandy said wei needed the resolution passed and signed so that thet town manager could be the designated official for the' Town ofNewland.. Attorney McKinney said the statute says you, as Town Manager, may doi it. You don'tnecossarily have to; however, it's probably a good: idea to ensurei the' Towni isi interested in ensuring that everything is compliant and good people. You can recommend or go against the applicant or property. Mayor Roberts said that was his question because what ifHell's Angeis wants to open a bar across the street and is denied? He doesn't want them coming after Gary and Sandy, Sandy said she was, going by standard practice, and right now, our designated official is Keithl Hoilman, Alderman Johnson motioned to make the Town Manager in charge of permitting liquor by the drink, Alderman Haller seconded the motion.. All agreed by a show ofhands and stating aye. (See the adopted resolution attached with the minutes.) Sandy stated she needed toj postpone the resolution' because we: first needed aj public hearing, She needs the board to call aj public hearing at 5:00 pm on. February 4th before our next board meeting. This is when we will discuss occupancy tax, and ati that point, at that same: meeting, we can vote to pass. the resolution at1 thej public hearing. After that, we will set up at tourism development authority andl have members voted on, Tonight, you all will say when we will have thej public hearing, and then we will advertisei it. Alderman Hughes motioned to hold aj public hearing at 5:00p pm on February 4th to discuss occupancy tax. Alderman Johnson seconded the motion. All agreed by a show ofhands Sandy stated this came about when we werei making the resolutions for the shotgun sale and the police offiçer's personal weapons. We canj pass a resolution for the' Town Manager to dispose ofany surplus personal property of1 less than $30,000, and the' Town's. legal council has reviewed all ofthis. For cxample, the old tractor at Sokassa willl be auctioned off or taken by thel highest bidder. Chiefis RESOLUTION- OCCUPANCYTAX and stating aye, ORDINANCE - DISPOSAL OF PERSONAL PROPERTY working with Attorney McKinney on how to geti rid of an old vehicle that has been sitting there forever, According to state personal property, it is $30,000 and below. Ifa an old air been sitting in the garage: for years, we can auction it off or take bids for it. Alderman compressor motioned toj pass the ordinance to dispose of personal property of $30,000 or less. Alderman. Hughes Johnson seçonded thei motion. All agreed by a show ofhands and stating aye. Andi Hammer asked who would dictate whoever gets thei item at a certain amount. Sandy said the ordinance states that the Town Manager may dispose ofs such surplus personal property by any means which they judge calculated to yield the highest attainable salej price in money or other considerations, The reasonably surplus property shall be sold to the party who tenders the highest offer or exchange for any services useful tot the' Town ifg greater value may be obtained in that matter. Sandy said property it doesn't necessarily need to be as sealed bid process; however, bids will: need tol bes submitted. (See the has or adopted ordinance attached with the minutes.) FLOOD PARCEL LEASE Sandy stated wel had received an application from] Mike Nelson to lease what the State considered a buyout property. Iti is thej parcel that sits over: next tot the laundry mat on Pineola. She North Carolinal Department ofPublic Safety and the emergency: management folks there. spoke On the application for thel lease buyout property, itl has thej parcel number and the address. Mr. Nelson's information and thej proposed use oft the property are as follows: His reply was to use: it as ai radio- controlled car dirtt track. The application asks how the property will ber maintained, and] hes states he will: mow it and keep iti in good repair, Mr. Nelson understands he cannot place permanent or semi- permanent structures ont the property, andi impermeable surfaces or ground coverings are: not permitted. He camot have aj paved track but a dirt track. Sincei it: is a floodplain, he cannot build solid fencing, such as wood. Sandy also provided copies oft the deed and the original general North any Carolina warranty deed, which says. hei must comply with all oft thei restrictions that are in the deed because these were the restrictions recorded when the' Town ofNewland recoived: it from the Puckett's. We only lease the property because we camot sell, swap, or trade: it. We need tos send a letter tot thel North Carolina Department ofPublic Safety to formally request permission to lease the above-roferenced property to a citizen who owns property in the' Town ofNewland and: ist the adjacent land owner to use: it for ai radio-controlled car track. The citizen requesting thel lease owns the adjacent property. The lease will be for X number ofyears, and the lease will pay. Xi number of dollars for the lease term. Thel lease will: require signing the attached agreement and abiding by all deed restrictions recorded in Avery County Registero ofDeed Book 403, page 793, There arei no proposed. activities of environmental concern. After the letter is senti to the State, thel Department of Public Safely reviews the application and deems itj permissible, and then FEMA will be the final lease approval, Alderman Johnson asked how: many years we were going tol lease it for. Sandy said the board had to decide that. Alderman Johnson motioned to accept a 99-year lease fori the $14,000 work Mr, Nelson completed on Watauga Street. Alderman Calvert seconded the motion, All agreed Gary stated his reports show work orders that have been entered, The second page shows repeating versus non-repeating. Hel has several that generate every week and thei time hej puts on the work orders. He said you can see the cost associated with each work order, including time andj parts. Since August 1st, there has been $166,000 entered, and that work does not include all ofthel Helene stuff going on because some ofthe worko orders are: not complete yet. Gary said that starting on he: had started a separate query for Helene's work orders, which had accumulated to $121,000. page He four, said they have had to go to thel Ingles pumping station 2-3 times, and one pump is still not Thej pump appears fine, sO we thinki it has more to do with thel breaker or relay. He said most working. oft the with the bya a show ofhands and stating aye. PUBLIC WORKS REPORT $74,000 line was the $54,0001 for the aurora pump installed at the' Tweetsie pump station. Hei is trying tol keep records the best he can for FEMA purposes because they said ifyou do not have accurate documentation, then you will not get anything back. Gary said Well one. had al backflow problem a few months ago; however, it went away, Now, iti is only pumping half ofwhat it should be, andi the last time that pump was addressed was: in 1999. Thej pump and all thej piping will need to be changed. Those parts have been ordered. and willl be replaced as: soon as they come in. The pump in Well: four was replaced; however, that was under warranty, so it didn'to cost us anything. POLICE: REPORT Chief Fields reviewed notable December calls, including three arrests, two reports ofvehicle larceny, twenty-one: requests to assist other agencies, and one: report ofs stolen property. Officer K91 Lazlo located somei methamphetamine on a traffic stop. Chiefs stated he was working with some property owners on the homeless situation and trying to clean up some properties in' Town. Alderman Johnson asked Chief about the 1951 business checks they had) last month andi ifthey left a card sO. thel business knows they came by to check. Chiefs said they do not leave cards at every single one ofthem; however, they do leave some, Alderman Johnson said that ifthey leave some occasionally, it would be good for the business to see, FINANCE OFFICER, REPORT Sandy informed thel board: for November, it always runs a few months behind; the sales and use tax is estimated to be around $33.4 thousand, which should bel here by the middle ofJ January. Compared to November 2023, that is a decrease of$5,772, s0 we are already taking thel hits. The 2024 tax collection rate as ofDecember 31st was at 80%, and Sandy said. Jessica was doing a great job. She has also asked Jessica to pursue the collection oft the $17,8001 inl back taxes from 2020-2023. Jessica is going toi reach out to other clerks in North Carolina to get ani idea of what they do when collecting back taxes, as well as. Andrea Turbyfil at the County. Mayor Roberts asked ifthis was property taxes, and Sandy replied yes, that it was personal and real property. Next, Sandy mentioned wel had purchased road salt (sweet mix) baok in October 2022, and the cost was $5,800. She wanted to let the board know we would need tor make another purchase soon, and since it would be over thel limit the board established for routine purchases, she wanted to let them know. The cost is estimated to be $6,000 or more. Andi Hammer asked when the Town was going to start salting the side roads. Mayor Roberts said therei is never ai reason: not to salt fiat roads, Mr. Hammer stated hej pays extra taxes and cannot get either one ofhis roads salted or plowed. Mayor Roberts asked: ifit was a hill, and Mr. Hammer said yes. Mayor Roberts said we would put icei melt on that. Mr. Hammer said it had not happened in several years. Christy Ray said shel knew that was a lie because her father lives up that road, and she saw: it. Mr. Eggers asked ifa anyone had ever considered: implementing sand to cut the salt cost because when thet temperature gets below 20 degrees the salt will freeze back. Sandy said that's why we use sweet mix: now because it works better. Mr. Eggers stated ify youl have sand mixed in with the salt, you) have traction all the way down as itn melts, even ifit does freeze back. Mayor Roberts said he and Garyhad previously discussed using some sand and asked Sandy if we were working off202.2. leftover materials. Gary said there were three different kinds of salt at Sokassa, and what wei received in 2022 wasi mixed: in with the rest ofit by certain individuals. Mayor Roberts asked if we could go through the State and NCDOT to purohase some thati is already mixed because you used tol be able to do that. Sandy said she could call central procurement and: find out. Sandy said wel had: received our second Powell Bill remittance for this fiscal year, which was $16,500. Hopefully, we can do some road repairs from Helene and bei reimbursed. She said that over thel last two months, she and Gary have been working diligently with] NCDEQ and our engineer from Mack Gay Associates. Shei is happy to report that we. have received our first reimbursement for non-Helene and non-emergency repairs for water and wastewater, which was $111,3491 from the grant. The $3.2 million grant is finally starting to come in. A citizen asked. ifMike Tolson was still our engineer, and Sandy said yes. She said to receive any water grants, we would have toj raise our water and she would have to report back the amount we should be at tol be eligible fort those grants. utility rates, Sandy said there would be a follow-up FEMA meeting on Thursday morning at 9:30, Ifa wants to come to al FEMA meeting, you're more than welcome to, and there are usually anyone individuals in the room. Therel have been several complaints about the old Lowe's parking 12-13 lot, Even though iti is not a' Town property, it isl Northwest Regional Housing Authority property. citizens are concerned about it, sO Sandy spoke to Chief, and) hei is putting some extra out, However, int the evenings, because people. are dumping their household garbage there, Alderman Johnson especially asked who told them they could dump theret tol begin with. Sandy stated she didn'tknow. Christy she didn'tt think anyone told them they could, and they are taking it upon themselves to dump Ray it. said Sandy said she believes that when the County closed the collection sites for a few days, people itu upon themselves to dump it wherever they wanted. Vicki Caraway said there was wood debris took from thel Riverwalki ini the oldi Lowe's] parking lot, She wasn't sure ift that caused people to thinki it may be a dump site, Sandy wanted everyone to know that the' Town ofl Newland. joined ine a memorandum with some of the other smaller municipalities, with the County stating that they are in charge oft the debris monitoring and collection contract. That was) passed up to NCDOT to get permission from them to place stuff on the state right away, not thel Northwest Regional Housing Authority parking lot. Alderman. Johnson asked ifSandy would call the County to seei if we could that cleaned up, and she said she would, Alderman Calvert stated the County has signs posted in get places that specifically say no dumping. Under the memorandum we agreed to, Mayor) Roberts asked ifity would say they would: remove trees and stumps from side roads in' Town limits, and Sandy said yes. He asked ifthey are going to get the big tree that is down behind the town sign by Wes Brewer Road and all the logs along thel highway. Sandy said that's what I'vel been told, yes. Mayor Roberts said hel knows their system and doesn't 'ts see somebody making enough money to cut that too small and too much work. Gary said his neighbor had 41 few trees down, and they came stuffup; and got those; however, they didn'tt take the logs, which are about five feet long, Sandy reiterated that when thei town signed thei memorandum with the County, iti included side streets, However, she will that with Phillip and let thel board know. Next, Sandy stated that we: need tol have some clarification verify on FMLA leave because therei is nothing in our personnel policies. She knows the federal rules andi is okay with that. She needs the board tol help her decide when you want the twelve-month leave period: fiscal year or calendar year. Sandy said, she thought the calendar year would be easier duet to payroll, and ifs someone needs FMLA, they get twelve weeks in a twelve-month period. Alderman Johnson: motioned to make FMLA leave calendar year.. Alderman Calvert seconded thei motion. All agreed by a show ofhands and stating aye. Sandy said she would. like to thank Vanessa and. Julie publicly for decorating thet town Christmas treel because it wasi really beautiful this year, and everybody commented on it. She also thanked. Alderman Johnson and Melodie for playing Santa and Mrs. Clause, The kids loved it, and wel had some dogs with pictures taken as well. TOWN MANAGER'S REPORT eyer it's CITIZEN COMMENTS No citizen comments were made. COUNCIL COMMENTS Alderman Calvert thanked everyone fori their turnout at Carolina BBQ for the' Toys for Tots sponsored fundraiser. Lymn Lear and Hope Harvey have been putting this together for many years, and they had the most successful drive this year int the County, at the restaurant. Mayor Roberts stated that] Hank Phillips is asking the Town for the corner pieco of property adjacent to Shomaker. It isl between Radio Shack and Carolina Pizza. Hei is interested inj purchasing or taking over that small piece ofp property. The. Mayor spoke with Gary today, and there are some utilities that] Mr. Phillips understands he would have to deal with, as well as following all the guidelines. Hel believes Mr, Phillips is trying to clean upi the area, possibly puti more streetlights out there, and extend thej parking lot. The next step would be getting all the information and letting Sandy send it out to all the board members so we can sell or put al lease on1 it. Gary saidi it was part ofShomaker, and Sandy stated we would have to clear it to ensurei it was okay, Sandy willl have to clarify whetheri iti is a: floodplain or not. Ifitis, we will have to do the same thing we did with Mr. Nelson and lease it. Mayor Roberts mentioned that while helping Gary with the Christmas lights, he noticed al lot ofe equipment sitting around and unused, He didn't think anyone would dispute that Gary needed some help. He told Gary during these snow events, he shouldn't be out byl himself.. He asked ifGary could make a list of things that the' Town isi not using or has not been used and is sitting around because therei is a substantial amount oft money. Hes said there are snow plows and mowers and would reçommend selling the one-ton Dodge. Gary said we would need to make other arrangements ifwe get rid oft the Dodge. We will probably need to downsize the excavator to something that canl bej pulled by ai much smaller vehicle because we do not need that big one anyway, He said we didn'tneed the Dodge but still needed something with a dump bed in case hei needed to get al load of gravel or sand, Gary said he would get al list ofthings that are sitting at thel building. Mayor. Roberts stated he appreciates what Gary is saying, but he shouldn't be operating a dump truck by yourself. When Gary gets hurt, he can assure our town attorney that he will say we were at fault because you were operating equipment alone. Gary saidi he didn't mean anything about having the help part. Hej just meant thati if we get rid ofthe Dodge, we do not have anything to move the excavator with. Mayor Roberts said we should get rid oft the excavator because wel have only used it once, Gary said hel has had to usei it at the wastewater treatment plant and usesi it tol load salt. Hei needs one to use,just not that big ofone. Mayor. Roberts stated that the previous two towni managers had worked on the sewage issue at the trailer park. He said he went by, and there was open sewage, and one ofl his employees refused tol live there because oft the issue. ChiefFields stated he spoke with Sandy and Attorney McKinney, explaining thati iti is one of the properties in' Town they are working on trying to get rid oft because of the sewage issue. Vanessa Angrisani asked ift the Health Department wasl helpful, and the Chief said no, Mayor Roberts said some ordinances and laws show we can shut their utilities off. Currently, someone is going thore daily, running a snake through thej plumbing and letting sewage run into the yard. ChiefFields says he believes hel has found a route that will work; however, it will take al littie time, Sandy said the trailers do not have separate meters; therefore, they wouldn't be able to shut the water off because ifv we do, it will shut the entire trailer park off. Mayor Roberts said he thought each housing unit was supposed tol have its owni meter. Alderman Johnson stated he thought some properties were grandfathered: years ago. That could be updated; however, we couldn't charge them for the meter since they are grandfathered: in. He said another mobile home park runs off one moter and has had a leak for years, yet refuses to fixi it. They split the water bill between all oft the tenants in thej park. Gury asked which one that was, and. Alderman. Johnson said: it was the one near Mr. Caraway's house. Vanessa Angrisani said she believed that for compliance and the health and safety oft the community, the' Town would want tol lean in to protect it. Allowing two or three toi impact 700 seems. like an imbalance, sO why can't we: fixi it andj place al lean on it? Alderman Johnson asked ifs she was talking about the sewer line, ands she said yes. He asked Gary what they needed at the mobile home park. Gary said there were two cleanouts at the end of the trailers. Alderman Johnson asked how hard it would bet to put itin the ground, and Gary saidi it was in the ground. He asked Gary how hard it would be to: repair. Gary said he didn't know what the problem was, Chiefs said: it had come loose from the trailer, Gary said it is typically the homeowner's. responsibility, not the' Town's, after it goes) past the cleanout. Alderman Johnson asked if they owned the trailer, and Chiefsaid four people were claiming it, and this was something hel had been working on, Mayor Roberts asked ift there was al legal reason we could not shut the water offt because this was very unhealthy, Alderman Hughes stated she didn't think we could duet tot thel Hurricane. Gary said they could turn the water off, but then they would use gallons ofv water to pour down the drain, which would continue to makei it go out into the yard. We are going tol have to get rid oft the trailer or thej problem. Mayor Roberts asked. if someone had mentioned something about a daily fine. Chief stated that Bill had asked him to go out and get pictures ofe everything and give them tol him; however, that was the last he heard about it. Sandy said she, Gary, and Michael would get together tomorrow and come up with a solution, Donetta McKinney said they would bill the mobile home park owner fori issues like this, Jessica said the utility bill is the responsibility oft the mobile home park's owner, Mayor Roberts said he was trying to understand why. Jessica was calling other' Town' Tax Collectors. He thought wel had this battle back when the gentleman from thel Polaris place was not paying his taxes. Sandy clarified she wasi not calling them. She: sends out the listsery asking what letters they use when taxes are very delinquent. Then we will send those letters out, and ifno action ist taken, we will go to Attorney McKinney to ask if we can put leans on the properties. Christy! Ray said that the property is considered foreclosable after taxes are due for so long, A citizen said it was three years. However, Attorney McKinney said we could doi it sooner. After the newspaper advertises taxes as delinquent, he can send out a demand letter. Sandy said shel had thel list; however, Attorney McKinney said should decide ift the amounti is over. X dollars, then let's take certain action. He: said most oft the time, they individuals will come up with the money toj pay delinquent taxes. Sandy said there were around 60 people delinquent for 2023 and 40 people for 2022. Sandy told. Attorney McKinney Jessica would review thel list and get back to him. Alderman Johnson motioned to goi into a closed session. Alderman Haller seconded the motion. All agreed by a show ofhands and stating aye. At that point, Alderman Hughes requested. her personal legal council bej present in the closed session. Attorney Hughes spoke with Attorney McKimey asking ifl he needed to bej present during the closed: session. CLOSED SESSION-CONSULTATION WITH TOWN ATTORNEY REGARDING Attorney McKinney replied that his presence was not required. PRIVILEGED MATTERS ADJOURNMENT Let the records show no action was taken during the closed session. Coming back into the open session, Attorney McKinney stated tol let the records show no action was taken during the closed session. He was given instructions which is appropriate for what was discussed. Sandy and all oft thea alderman thanked Mayor Roberts fori the Christmas lights. Alderman Hughes motioned to adjourn. Alderman Calvert seconded the motion, Meeting adjourned at 7:15PM. C Govicn Buchowor Town Clerk, Jessica Buchanan Mayor, Derek Roberts OFNETT 08" ES HCAROLL RESOLUTION Resolution of the Town of Newland, County of Avery, regarding the designation of an official to make recommendations to the North Carolina Alcoholic Beverage Control Commission on ABC Permit Applications. WHEREAS, G.S. 18B-904(f) authorizes a governing body to designate an official, by name or WHEREAS, the Town of Newland, County of Avery, wishes to notify the NC ABC Commission BEITTHEREFORE RESOLVED THAT Sandra W. Lewis, Town Manager & Finance Officer, is hereby designated to notify the North Carolina Alcoholic Beverage Control Commission of the recommendations oft the Town of Newland, County of Avery, regarding the suitability of BE IT FURTHER RESOLVED THAT notices to the Town of Newland, County of mailed or delivered to the official designated above at the following address: Avery, by position, to make recommendations concerning the suitability of persons or locations for ABC permits; and ofi its designation as required by G.S. 18B-904(f); and locations for ABC permits within its jurisdiction. persons should be Mailing Address: Office Location: Phone Number: PO Box 429, Newland, North Carolina 28657 301 Cranberry Street, Newland, North Carolina 28657 828-733-2023 Alderman Kenan Foxx-Absent VOTE: Aye- 4 Nay-O Passed and adopted thist the 7th day of January 2025 by the Board of Aldermen of the Town of Newland, North Carolina. Derek A. Roberts, Mayor IA Attest: fnica Buchoner By: Jessica Buchanan, Town Clerk SEAL) NORTH CAROLINA (919)779-0700 ALCOHOLIC BEVERAGE CONTROL COMMISSION Location: 4001 E,Tryon) Road Raleigh, NC27610 Mail: 4307 Mail Service Center Ralcigh, NC27699-4307 RESOLUTION OF THE CITY OF bouon of Alewsland CONTROL COMMISSION ON ABC PERMIT APPLICATIONS. COUNTY OF Auery REGARDING THE DESIGNATION OF AN OFFICIAL TO MAKE RECOMMENDATIONS TO THE NORTH CAROLINA ALCOHOLIC BEVERAGE WHEREAS G.S.18B-904() authorizes a governing body to designate an official, by name or by position, to make recommendations concerning the suitability of persons or locations for ABC permits; and WHERBAS the City of onnetNlewsland County of Avery wishes to notify the NC ABC Commission of its designation as required by G.S.18B-90400; BEITTHFREFORE: RESOLVED Tonmarogrk (Title or) Position) that SandaWleais Bnance.Oseer (Name ofOfficial) is hereby designated to notify the North Carolina Alcoholic Beverage Control Commission of the recommendations of the City of Jown of Newland, County of Auery permits within itsj jurisdiction. of Alery at the following address: regarding the suitability of persons and locations for ABC BE. IT FURTHER RESOLVED THAT notices to the City of Town ofNleslantomty should be mailed or delivered to the official designated above Mailing address: POBox 439Nesland NC 38657 Office location: City: Zip Code: 3Cramberg St Nowlama NC 28657 Phone #: 898-733-3093 This the 7H day of Canuary MASAE (Mayor/Chairnan), Aaubscribed before me this the h dyofchnuory 2025 Buchanan BEAL gomi OET FE HCAROL ORDINANCE PRESCRIBING PROCEDURES PERSONAL PROPERTY VALUED ATI LESS THAN $30,0001 FOR DISPOSING OF BEITORDAINED by the Board of Aldermen oft the Town of Newland: Section 1.Thet town manager is hereby authorized to dispose ofanysurplus personal property owned by the Town of Newland whenever he or she determines, in his or her discretion, that: (a) the item or group of items has a fair market value of less than thirty (b) the propertyi is no longer necessary fort the conduct of public business; and, (c) sound property management principles andi financial considerations indicate that the interests of the town would best be served by disposing of the thousand dollars ($30,000.00); property. Section 2. The town manager may dispose of any such surplus personal property by any means which he or shej judges reasonably calculated toy yield the highest attainable sale price in money or other considerations, including but not limited to the methods of sale provided in Article 12 of N.C. Gen. Stat. Chapter 160A. Sucha sale may! be public or private, and with or without notice and minimum waiting period. Section 3. The surplus property shall be sold to the party who tenders the highest offer or exchanged for any property or services useful to the town if greater value may be obtained int that manner, and the town manager is hereby authorized to execute and deliver any applicable title documents. Ifno offers are received within a reasonable time, thet town manager may retain the property, obtain any reasonably available salvage value, or cause it to be discarded. No surplus property may be donated to any individual or organization except by resolution of the Board of Aldermen. Section 4. The town manager shall keep a record of all property sold under authority of this Ordinance and that record shall generally describe the property sold or exchanged, to whom it was sold or with whom it was exchanged, and the amount of money or other considerationrecelved for each sale or exchange. Section 5. This Ordinance is enacted pursuant to the provisions OfN.C. Gen. Stat. S 160A-266(c). Section 6. This Ordinance shall become effective upon adoption. Adoptedthis' 7th day of January, 2025. VOTE: Aye 4 a Nay B Alderman Kenan Foxx- Absent DerelA. Roberts, Mayor ATTEST: Gnice buchasox lessica Buchanan, Town Clerk