Good evening ladies and gentlemen. Appreciate you being with us tonight. I will call this regular meeting of the Esper City Council for January 7th to order. We invite each and every one in the room to stand and join me in a moment of silent prayer and I invite you to pray in any manner that you are comfortable and we will follow that with pleasure with legions. Thank you. of the United States and America and to the Republic, which it stands on Mays under God in invisible liberty and justice for all. Okay. We'll remind everybody that this meeting is being streamed live on YouTube tonight. So smile on your own camera. And would like to also mention that Ms. Carter, who usually joins us from home by telephone, will not be with us tonight. The state has interpreted process is for zoning cases and various things as not zoom friendly in a manner of speaking. So she will not be joining us for moment night. And you also notice that councilwoman Katie Snugger's not with us. And we would like for you to keep her and your thoughts and prayer she is at home recovering from illness. So we are too short tonight, but we do have a forum and we'll be able to complete our business as we expect to. The first item, this is the appointed time for a public comment period. Is there anyone in the house tonight? They would like to address the council on any matters of city business or concerned Okay, I see no one coming forward, so we will move on to item 4 and I'll call on City Manager Augburn. We will, we've got a couple of retirements to recognize tonight and better sweet moments. We're happy for the retirees, but on the other hand, we're losing a lot of good experience. And the good news there is we have other good experience to take their place. John? I know we're social distancing but there are a lot of police officers here tonight in support of ingolds retirement. So gather in like if you want to a little bit, try to keep six to eight feet between you and make sure you've got your mask on. Everybody seems to, so we don't want this to be a, we don't want you to miss it. And event like this doesn't happen very often. Keith. Thank you, Mr. Brown. Thanks. Good evening. And I'd like to recognize Kevin Ingo in medicine. It's 1993. Dedicated. Going to be there when he says he is great for the city of Ashbroon, the citizens. And it's kind of, for me, being Kevin was on the same patrol team in 9th Region. We both started about the same time. He's retiring, but I'm still here. But we got you this plaque, Kevin, in honor of you, and you're over 27 years of service, I believe, to the city. We appreciate you. And I love you, and I know you're gonna plaque, and we'll probably snap the picture, but we've got some giving you a bump. We also gonna give you your blockside arm, as we do with our retirees You've earned it and mean Kevin we taught farms for a long long time together and we're losing a great farm's instructor I brought him right along to he's he's a top-notch shooter now, so Everything you know I did I did and the important stuff This off the camera, this is a little GFV. Maybe you can buy you something with that. Ammo or something. You use that. You find the ammo. But we appreciate you. I can appreciate all the service you've given. Thank you very much. Give it on the hand for the citizens. I can only appreciate all the service He asked per police officer to mask per police officer for 30 years of service. I have the citizens of the council. Congratulations to the commissioner. I appreciate how you did a service. This is the first of these we have in this particular situation that passed all of that. I'm going to ask you a question. I'm just going to ask you a question. I'm going to ask you a question. I'm going to ask you a question. I'm going to ask you a question. I'm going to ask you a question. I'm going to ask you a question. I'm going to ask you a question. I'm going to ask you a question. I'm going to ask you a question. I'm going to ask you a question. I'm going to ask It never ceases to amaze me. It always means to me, in fact, every time I run into an illusion that our own council, the council's our first one. I have no idea how in the world you keep up with that many places. And the same thing is when I run into a growth in public works, it's first night. That is a lot to tell someone How much we owe our family. How close did everybody that are employees of the city or these past few years are definitely unprecedented. There's lack of assistance that it always does come from here. lack of assistance, but it always does come from here. It comes from working third shift and other shifts. We're in the drive-through and we grab what you get, mud and cow-cow. And someone's in front of you getting dirt, and that's why we're out. So we've always had an unwritten goal in front of you getting dirt and the play problem. So we've always had an unwritten goal. Whenever someone gets hours, we get the one that's behind us. It's just amazing how this city, the government and the public has gotten loan for way. I want to thank everyone for coming by. Thank you, City Council. Yes. I'm sorry you had spent the interest. It's been really bitter for you. It has. About the first several weeks, it was really tough because we're used to getting up to five, coming on in, seeing everybody at the main office and the side of the office. And it ends and ends and ends and everything going for so long. And it was tough to finally come up with that idea of giving us time to let go. and the team member in the Capcom City have allowed me to stay on as a barn cook or I enjoy being on the line. Thank you all again. Thank you. Offshore, there you go. Offshore, let me have the council tell it. Tell you how proud we are of you and all the officers and I think it's quite a testament to you and your service that there are so many police officers here tonight to wish you well in your retirement. So we hope for you that your retirement is everything you want it to be and then so good luck to you. Thank you sir. Thank you for your service. Appreciate it. Okay. Okay. And, uh, Manager come in and spread out in the room. Mayor Counsel, Mr. Dogburn, we shake hands here tonight and it's on This is an individual that truly loves silverback. This leadership is an we call you the court service. Civil Mayor. In addition, to the commission. Thank you. Thank you. Thank you. Why? Yes. She's my wife, teacher. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Council, and I'm pleased to ask for your attention to the record. I'm Senator Ron Lewis, the appreciation for the code of service. And the Department of Justice is a part of D&G for 24 years, and services. So I would appreciate it if I have to stop moving. We have to stop moving. We have to stop moving. So emotional triggers this tough kid. figures. It's tough. Kim. Thanks for that shoot me. This is story behind that. I appreciate that. Like probably in 1998 or so. So anyway, thanks Kim. I love you guys and girls, I appreciate you going to someone that reminds your tireless equipment. So, it's like the past two summers, retirement is a bittersweet thing. It's got emotional triggers, I like to say it. I did find out one thing is the biggest emotional thing that I've had since I retired is when I found out that federal government has been taxing me 85% of my social security benefits. So I thought, wow, I cried. So anyway, I would like to thank Mr. Oggard. Ladies and gentlemen, the City Council for the chance to serve Ashburg for the last 24 years has changed. I grew up, I think, I know Mr. Castellan, Redding, Councilman Wal-Moffit, and Mayor Smith. I think we grew up pretty much in the same neighborhood. I know Jane and I did, I'm sorry. Listen, we grew up in the same neighborhood. So I'm an expert guy. I'm an expert at all times I've been a great pleasure to serve the citizens, meeting with the expert and the people that travel through it. And I hope we've got it where we're placed. All right. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Brian. Thank you. Brian. Thank you. Brian. Brian. This is my name. Brian. This is your sir. On behalf of the council, I want to tell you, I'll probably are of you in your service to this community. I've known you almost 60 years. Hey, I don't think we're going to talk about age. Oh, but. Don't talk about anything when on 45 years ago. And you just say, Brian is the big brother of a ago. And, you just said, I know. And now, I know, and I know, and I know, and I know, and I know, and I know, and I know, and I know, and I know, and I know, and I know, and I know, and I know, and I know, and I know, and I know, so I hope it's everything you want to be in heaven both. So, good luck to you and hope to see you around. Okay, call on Deputy City Court Tammy Williams to give us an update on the Mayor's Fitness Challenge. Good evening, everybody. Good evening. I kind of got tasked with this from Debbie. She got busy. And, you know, so I got nominated as Team Captain years ago this. So I kind of stayed on to everybody in City Hall to, you know, let's get these steps. We did get first place last year, not this year, but we did have a total of 6,495,000 steps with everybody on our team. We did have the mail with the most steps. That was Death Cagle, and he had 1,143,000. So everybody does get a participate in this, right? So maybe we'll get first next year. Be right. That's it. Thank you very much. Thank you, dude. Okay ladies and gentlemen we have in front of you the consent agenda. Is there any item on the consent agenda that you would like to remove for individual discussion? item on the consent agenda that you would like to remove for individual discussion. During none, I will entertain a motion to approve the consent agenda as presented. Mayor, I move we approve the consent agenda as presented. I have a motion by Mr. Burke's. May I have a second? Second. Second, Mr. Baal. And Mr. Baal is good to see you back. It's good to be back. Hope you're doing well. Thank you. Good. I have a motion and a second to approve it. Consent agenda. All in favor say aye. Aye. All opposed. Motion carries. Consent agenda is approved. Item eight, city attorney, Mr. Sugg will present a second reading, public hearing, and vote on the construction demolition debris landfill franchise ordinance. I will open the public hearing. Thank you Mr. Mayor. I ask Mr. Gordon to come in. Will we join us? Join me there if you'd like. We have an advertised public hearing on the construction and demolition debris landfill ordinance. You did have the first reading of this ordinance in December and approved it. It's now on for public comment, in addition to the comments from Mr. Morton. I can tell you, I'm not going to take a whole lot of your time in describing it because nothing really has changed. There's been a very successful operation for a number of years at Goldheel. Thanks for the fine work of Mr. Morton. There's nothing changing about the waste stream, the service area, their prices, it's all the same. Facility plan is staying the same. What is different is they're going to be selling. And the entity buying it will be Ashbury Land Development LLC. They are properly established with the Secretary of State's office. We've had good discussions with them. The whole purpose in this ordinance, the city staff has found no issue with it. The main thing now is to get compliance with the regulators who stay or for the transaction to be able to close to that end if you so choose to pass this ordinance on its second reading, the ordinance itself will become effective tonight. It has a specific provision though designed to facilitate the transaction that it does not repeal any existing franchise until April 1st. So as to allow there to be that gap in time while the transaction closes. I will be happy to answer any questions but otherwise I will defer to Mr. Morton for any comments he would like to make. Any questions? All right, this is, but public hearing, Mr. Morton. Would you like to address council? I would just like to answer any questions anybody may have. Any questions, Mr. Morton? Is anyone in the audience tonight that would like to address the council involving regarding this franchise ordinance request. Hearing none, I will move to the deliberative action and ask the council for a motion. Mr. Mayor, I'd make a motion that based on the presentation that we approved. I have a motion to approve by Councilman Moffitt. May I have a second? Okay. Second, Mr. Swayers. Any discussion? All in favor say aye. Aye. All opposed? Motion carries. Thank you, Mr. Morton. Good luck with your sale. And on behalf of the city, I will tell you it's been a pleasure dealing with you all these years. All right good I can't imagine driving up out there and dealing with somebody else. Thank you. Thank you. Thank you. Thank you. Okay Mr. Nuddle and before we get started with your part I would like to say Thank you. Thank you. Thank you. Thank you. Okay, Mr. Nuddle. And before we get started with your part, I would like to say that it is good to see you back in the house. I know you had a difficult time recuperating and good to have you back and I hope you're doing well. Thank you I am. I am confident that 2021 is going to be a better year for you and all of us. That's all hope. Unfortunately it's a fairly low part but I will. Okay item 9a is a I'll open a hearing on application RZ, that CUP 20-12, the rezoning portion of property at 1, 2, 4 Woodcrest Road from R10 to CUI-2. Zoning and obtaining conditions for me. Go right ahead Mr. Nuddle. Thank you Mayor. This is doesn't does involve a quasi judicial decision of the council. So does require testimony to be given under oath. Now would be the appropriate time for those who know that they will be speaking on this matter to step forward and the administer the owed by the clerk. As the mayor said, this application doesn't involve both a rezoning and a request for a conditional use permit. The applicant on the request is the property owner SSV properties. We are looking at property at 124 woodcrest. This is a request to take the property from medium density residential to conditional use I2. The rezoning piece of this application involves just a small portion of the property as you'll see in your reporter and on the map. The conditional use permit that's requested would cover the entirety of the property. We are looking at one Randolph County pin, which is up on the screen. Zoning portion of this request involves less than half an acre of 6.2 acres. There isn't existing warehouse use on the property. This is an overview map shown. The subject parcel outlined in blue, the area subject to the rezoning request is identified as A1 on the screen. You can see as you move east away from A1, we pick up purple and red shading which denotes industrial and commercial zoning which is the covers the corridor along North Fables Street as well as those non-residential uses and existence along woodcrest. As you move further west you start to see the residential zoning that's in place. That blue line that's parallel with Northside Terrace is actually the boundary between the city's city limits and the extraterritorial planning jurisdiction for the city Real quickly looking at the topographic map. We do have city services and and provide full city services to to the property There's no flood plain or regulated Stream buffers or things of that nature that would affect development from the city standpoint. This is an aerial of the property that gives you a better idea of what portion of this property is subject to the re-donning request and that's that triangle really at the intersection of north side of Woodhouse. This is the subject property which is already again zoned, conditionally used I-2, as seen from Woodcrest, that's the existing warehouse. This is kind of an idea of the area of zoning, that's an area of property that's requested to be, had its zoning amended. That's a view from Northside Terrace. This is standing along the front edge of the property looking up, woodcrest towards Northside, and then a view looking east from the front edge along Woodcrest towards Fadwell Street. We are now on Northside looking north and looking south on Northside. You can see the difference between land use is depending on what street we are on. Real quickly again we are dealing with property that's in the city limits. The city does maintain wood crest. It does serve several non-residential properties. East of the subject property. North side terrace is in fact state maintained. In current use of the property again is warehouse the applicant has filed a corresponding conditional use permit that would allow both wholesale distribution as well as a continuation of the warehouse use. As I said the majority of the property is already zone conditional use I too and this request that pertains to the zoning only involves a small portion of the property. If you look at the city zoning ordinance for definition of the I-2 district, it is intended to produce areas for intensive manufacturing, warehousing, processing and assembly uses, which are controlled by performance standards. We point out that the zoning ordinance does require some landscape yards, typically for non-residential uses that develop within the industrial district, screening and buffering can also come into play. Those are matters that you typically review as part of a site plan review process, which we'll get into with the conditional use permit. As we look at the Resonning portion of this request and turn to the land development plan for some guidance It's important to note that the proposed land use map within the city's land development plan does call for industrial Development for the property so within the northeast small area Plan it is a primary growth strategy. Staff reviewed the goals and policies of the land development plan and found that seven out of eight tended to be supportive of this request. It is designated for industrial development. It's supported by the Northeast Marriott's plan that recommends a accommodating and allowing for expansion of existing industrial uses in appropriate areas. We have a CUP that comes along with this request to hopefully ensure compatibility. We believe this is a realistic zoning for this property considering what's around it. Both the staff and the planning board afford a positive recommendation on the zoning piece. Quickly turning to the details of the permit request that go along with this request. It is again a permit that will cover the entirety of the property for wholesale distribution as well as warehousing. The definition of a warehouse is up on the screen for you to read as well as a definition of wholesale distribution. That's what we can expect to see if the firmet is approved. You'll see from the site plan there are no additions proposed to that existing structure. The applicant is proposing to save the existing gravel parking area as well as making some changes to the loading dog that's outside the building. I'll note that gravel parking lot is now considered legal non-conforming because we did not have provisions for gravel parking for required areas of parking. So this request, if approved, would bring that not to form any intercompliance with the ordinance. Access to the property, as you see, is from Woodcress, which is a city street. They are going, the applicant is going through the process for we're permitting with the city on any driveway improvements. You all have the site plan, but I've put it up on the screen, just to let those in the audience see. There's quite a bit of undeveloped property, as you can see from this plan, that the developed area is just a small portion of it, and that doesn't really change with this application. There has been a floor plan provided that shows some of the improvements that will be occurring, as well as building elevations, showing some additional railing, some replacement of a canopy, as well as a new overhead door on the, I think that is the east side of the building. There will be a new overhead door at it. In reviewing the application staff felt there was just a few minor conditions that we felt were important to include. Should council of peer evidence, warranting the granting of the permit. Those are intended to ensure compliance, continued compliance with the cities. As zoning orange say, pertain to landscaping, the need and requirement for a driveway permit, condition that seeks to have additional details on lighting submitted to the staff to ensure compliance, a condition that allows for some flexibility in how parking is provided to the site, which is condition D. And then finally, as we do with all conditional use permits, a condition that speaks to the need to have the memorandum of land use restrictions executed, which is prepared by the city of turn. The applicant's representative is here this evening. I'm going to leave the findings of fact up on the screen that Mr. Trawinger I expect will cover and I'm happy to answer any questions at this point. Thank you Mr. Noodle. Are there any questions of Mr. Noodle? Thank you very much. Mr. Trawinger come on in, sir. Thank you, Mr. Mayor, members of the council. I'm Mark Tronzer representing the applicant. Thank you, Trevor, for a thorough job as always in presenting the information. First of all, we are in favor of the three conditions that are being proposed. I have no problem with any of those. We would like to speak to the four way or the four tests that were required to meet. I won't read them unless you're like, but test number one, the use will not cause any significant changes to the property. It's not a hazard use. No health or safety concerns will be added to the property. It's not a hazardous use. No help, their safety concerns will be added to the current use. In fact, exterior lighting and an overall reduction in the size of the truck serving the facility should improve public safety in the area. Item number two. To the best of our knowledge, we will be in compliance with all of the conditions and specifications of the zoning ordinance. Item number three, the aesthetic upgrades to the property along with the paving of the parking lot should increase the value of the adjoining properties. The building is not being expanded, it's not encroaching further over on towards adjacent properties. It's a large natural buffer that will be maintained along both sides of the property as well as the back of the property. Item number four, the use is very compatible with a surrounding land uses. The area is indicated as industrial on the proposed land use map. The rezoning is compliant with the objectives of the growth strategy map and the property is located in the primary growth area is also consistent with the land category descriptions. The only item that was identified by staff that did not support the request is that it does not provide appropriate transitional land use between industrial and residential. Properties are already developed in that manner, so it's really not a viable factor in request. We're dealing with an existing structure, existing use that's been there for years. I would like to mention a minor amendment just for the record. There's a site plan in front of you. It shows a driveway, currently the driveway entrance to the property covers approximately 125 linear feet, scrabble. What you see there shows an island in the center of it with 250 foot, an entrance and exit. We would like to consider possibly modifying that, maybe eliminating that island due to tractor trailers coming into the property to allow them to be able to enter the property, circle around through it without having to back back out in the road and have to deal with the island. That's something that we proposed, but in talking with the owners over the last few weeks and so forth, we're submitted. I feel like it's probably better off not to not to do that and actually pull the the driveway into a 200-foot total. This would of course require approval from the senior engineering department permit from the city and unfortunately and of course the city policy. So I'm not making a same of whether that would be done or not, but just for your information, that's something we are considering. There was a sign showing in the island of that. Yes or so that sign? It ain't an island move. The sign would move to the northern edge of the driveway entrance. And that isn't approval byable item also in the sound orders. Be glad to answer any questions? Questions anybody? Is it for the proposed change, Trevor or Zaryl? Is that out of more of the consideration? What are we looking at? So the zoning ordinance identifies what is considered a major modification and what's considered a minor modification. We would, if the applicant does propose to eliminate that island, we would review that change against the ordinance definition. I think it's helpful that Mr. Trollinger noted that on the record this evening and I will also say we have conditioned the request such that the city engineering department must issue that driveway permit. So when this question was brought to us, we said that we would look evaluate any change based on the ordinance as a definition of what you have to see again versus what we can approve at the staff level. I'm hopeful if it's that minor in nature that we may be able to handle it at the staff level. Would it be fair to say that as presented in my, the only difference is gravel and pavement that means there's not island there now. Right. There's not an island there now. The plan which has more concrete identification of entry and exit on the property, which typically the zoning ordinance looks for. In this case, we have a legal non-conforming situation, which we generally allow to continue. So, we'll go through the analysis if they want to eliminate that. Like I said, we'll hopefully be able to handle that at the staff level. If not, we would present to you at a personal level. I don't see any problem with it. Do we know it? If I may ask Mr. Mayor and I'll direct this to Mr. Nuddle since his staff will be making the analysis. Would you agree that it would be helpful and whoever makes the motion, if a motion is made to grant the requested, assuming the rezoning occurs and there's a motion to make the grant a conditional use permit. Since part of the analysis on whether it qualifies as a modification or not, is a review of the proceedings of the council. Is that if part of the motion to grant a permit happened to include a statement, it could be, it would find it's way into the final decision document, not as a condition, but stating that the council did not find the island shown on the site plan to be an essential part of their basis for the decision. That makes sense. You asked me where I'm coming from. I think it heals. It does. And should that be included in that permit order, I think that would strengthen the position of staff to be able to handle that at the administrative level? Just for clarification, Mr. Prolinger, when you say the north end, I guess it'd be the east or west end. The west end. Okay. The west end. Right. Okay. Thank you. Up hillside. Oh. And Mr. Mayor Wala, I'm asking you wouldn't mind if Mr. Prolinger wouldn't mind. I know you have experienced Mr. Mayor Wala, asking you wouldn't mind if Mr. Trollinger wouldn't mind. I know you have experienced Mr. Trollinger in the real estate development area. Would you mind stating you gave an opinion as to the, no impact, negative impact on the joining properties? Would you mind stating for the record your experience where the council could consider you an expert in this field? Yes. experience where the council could consider you an expert in this field. I have a degree in our architecture of a bit in business side in the general construction business in Ashboro for 38 plus years. We've worked with quite a few developments, rezoning, commercial buildings, real estate, and so my comments on the value of the joint in properties are based on years of experience in living in Ashboro. Thank you, sir. Any other questions from Mr. Collins? Is anyone else in the house tonight that would like to address the council on this request? Okay, we can move to the deliberative phase. And ask council for their thoughts. Just a clarification, Jeff, do we need a separate rezoning request and then the conditional use on a separate motion? That is great. It's fine to combine the consistency statement and the rezoning in one motion, but we do need to complete these separate one for the permit itself. Mayor, based on the consistency statement provided by staff and the evidence presented. I move that we approve the conditional use permit with conditions as it would numerated by staff. If I may just ask that. If you don't mind, I think the clerk is going to interpret two separate motions in there with your permission that There's the rezone the consistency statement you are adopting and approving the requested rezoning That's correct and then and so vote then and then we'll move on to the second all right So I have a motion by councilman Bell to Approved the rezoning request based on the consistency statement and the evidence presented. Do I have a second? Second. Second. Second. Is reading. Any discussion? All in favor say aye. Aye. All opposed. The Resonion request is approved. And now I will entertain a motion regarding the conditional use permit. Mayor based on the presentation, I think that the four-part test has been made that we approve the conditional use permit as presented with the conditions listed by staff and acceptable to the applicant. And noting for the record that as part of our discussions we discussed the island and that that is not an essential element to our consideration of approving the conditional use permits. Thank you, Mr. Barrel. Well, I have a second for that motion. Second. Second is ready. Discussion? Oh, and the favor say aye. Aye. Opposed? Conditional use permit request is approved also. Thank you, Mr. challenger. Okay, item 9B, discussion of appending study for public right away needs on the sunset avenue from Davis Street to Church Street. Thank you, Mayor. We wanted to update council briefly on some work at the staff level. That very well may rise to the council level for consideration regarding public right away needs along sunset avenue, specifically in the stretch of sunset from Davis to church. Just for some background, over the years and particularly with the redevelopment of the downtown area, we have had increasing interest from property owners about building additions that may slightly encroach into the public right away along sunset avenue. That can present some challenges from an approval standpoint, even if it seems to be a sensible and worthwhile project. One of those issues being that today the city zoning ordinance generally does not permit structures within the public right away. So if we establish that a proposed structure is, in fact, within the public right away, we have an issue with the zoning ordinance. There is an outlet of relief via the variance process, but that is a process that takes time and is not a guaranteed outcome. So while the zoning ordinance says one thing about structures in public right away, the city code author does authorize limited encroachments over sidewalks and these issues and proposals we've had from property owners particular deal with structures over that would lead to a covering over the sidewalk on Sunset Avenue. If you look at the City Code, Chapter 99, there are some standards outlined in the City Code that do speak to encroachments that can occur over that sidewalk. It doesn't really get into whether the sidewalk is public or private. It basically establishes standards for any type of sidewalk that is presented as a public walkway. Further complicating matters is there is a specific statute that provides stipulations on the city's granting of easements within public right away. So we're dealing with two local codes in a statute, oftentimes when these proposals, which are all vary in scope, are brought forth to us. Up on the screen, I have provided a map that shows, since it avenue from Davis Street, which is on the left side of the screen, to Fayetteville Street on the right side. Those orange arrows you see are intended to show the approximate location as reflected by the County Tax Parcel maps, reflecting the extent of that public right-of-way. It is noteworthy and something that we recently were reminded of that the right-of-way along Sunset Avenue, at least according to the text department, does vary. In the block from Davis to church, it appears to be a 70-foot public right-of-way. When you cross church, it appears to taper to a 50-foot right-of-way to the railroad track, and then you can see it opens back up Pretty quickly to a 70 for appears to be a 70 foot right away from the railroad track to fables So in addition to some different code standards on a statute We have varying right away a parent very right away with the long-subsidabin which can impact development proposals impact development proposals. In addition, in this block of Sun System Davis to Church, I've also put orange arrows up there that show the extent of that sidewalk from the right away to the curb. And that right away appears to go to the face of those buildings and 70 feet to the other side. Those arrows show you kind of the proximal location of the wind of that sidewalk, which in those locations where those orgeros are is about 11 to 12 feet. Now if you move east and west, you'll see that there are two different sidewalk sections here in this block. We have about an 8-foot wide sidewalk as we go towards church street and away from the orange areas. And then we have a more suburban sidewalk section as we move west towards the Davis Street with a 5-foot sidewalk and probably a two and a half foot grass strip. So we got three different sidewalk sections in this area, area of sunset as well. Just a few photos to capture that is looking west on sunset from church. You can see approximate eight foot there and then invited to connect with the building fronts and then further down the road it will go to a five foot sidewalk. We grabbed some photos on the other side of Davis-Reeve. We're pretty consistent in the section of sidewalk on this on the south side of sunset. And another shot looking back towards church tree. So again, we're dealing with zoning ordinance and city code standards when we encounter these type of requests. The zoning ordinance, we told you, per head, it's most structures within the right of way. It establishes setbacks for structures off property lines. But again, the city code permits some encroachments adjacent to the street and specifically authorizes certain structures oversight walks where certain conditions are meant. So the certain city code contemplates some sort of improvements that can be made over sidewalks. It does stipulate those standards. They include how far a structure has to be from the curb, obviously to maintain pedestrian access. It stipulates overhead clearance. So you're not hitting your head as you're walking under that structure. It also stipulates the use of non-complicable materials for construction of those structures. So this is coming to you now because we have had more serious discussions with an applicant Who wants to further pursue options for development that may encroach into the public right away Pointing out some of the other Requests we've seen over the years. We've seen second-story balcony addition requests addition requests that were encroaching the public right away, under the canopies and awnings and sands. Lots of discussion with folks related to outside dining options, not surprisingly, in the pandemic era. And all of these requests have been difficult to navigate through because of some of the standards that we've got to deal with. So it's now that we've received kind of a probably the most concrete proposal from somebody about the addition of the canopy over the sidewalk. Mr. Auburn, and after our internal discussions directed the engineering department to begin some analysis on what is the city's right of way needs along Sunset Avenue. Again, we have 70 feet of right of way there in other areas. We have begun the process to evaluate what our needs to ensure public pedestrian access as well as public infrastructure maintenance. We've also identified that should this or any other proposal be able to move forward, this council would have to consider an ordinance amendment to your zoning ordinance that would deal with encroachments within the public right of way. So that's where we are at. We wanted to let you know that there is study, it has been some response to this request that we have received. I expect that we will report back to Council pretty soon on what the findings are. We discussed this with redevelopment commission, as well as the plan of board, you generally seem to be supportive on allowing investments in the right manner and the right way in the downtown area. So we'll complete that study and come back to you with what what code revision may be necessary should you want to consider allowing certain type of encroachments over over over the sidewalk. Tom, thank you. Gold. Well, we know that the zoning, we have already initiated the process to get an application to the planning board to deal with the zoning ordinance. So that will go to the planning board next month that will come to you in March. That very well made a line with the final analysis from the city on right away. If it doesn't occur before. And if I can add we do have a contract with the local surveyor to survey it and actually find the right away in the front of the buildings and private all the necessary measurements. That sounds very reasonable. My, is the proposed development has a pinnacle schedule that they hope to hear, and I think this would allow that. To the extent that we have control over our zoning, what is the state requirement with respect to the state statute? Well, that's a good, if you're referring to the statute I referenced earlier. But that statute addresses instances where the city is in a position where we must grant an easement for the use of a public right of way. And essentially what that statute says is that the city must treat the granting of that easement as a sale of property. So when we've had discussions with folks about for instance a second story balcony there was a possibility that we would need to grant an easement deal with the zoning ordinance and deal with this statute which tells us we can't just grant that you would have there has some consideration. On the other hand if you abandoned right away and then took the easement back if we had anything underneath it. Correct. Then the abandoned right away goes to the adjacent property on the other side, not correct. That's a I'm glad you mentioned that the proposal we're looking at does involve the potential for a request to close them right away. I'm not understanding in this case is that that very likely would revert to the property ownership council close that go through the process to close right away. And part of what you know this Mr. Auburn directed staff to do is instead of looking at these, you know, if we get one successful project, the anticipation is that we very likely will be more robust and rather do this on a comprehensive basis than on a piecemeal basis. So if we can identify where that right away is, what our needs are, the potential is we could bring more of a comprehensive consideration for closure versus one at a time. And that would speed things up. Well, I understand that my next statement could have any consequences. However, it would appear to me that an abandonment cleans it up quicker and provides incentive as opposed to what was in the bill when we really want people to develop. Yeah and you know one comment the plan aboard has was on how you raise it was in terms of was in terms of maintenance you know obviously if the if the city were to close right away I would revert back to the property owner you know there needs to be an understanding that the city obviously city no one would have the right to maintain any sidewalk there. So this would come with some additional responsibilities if the city council were to decide to close a larger portion of right of way. Typically that process, we do typically look to have property owner consent when we consider right of way closure. So in the event where we feel like there is access right away, the next step really would be to talk with property owners to see what interest there might be. I'll really like that direction if that's something that the work's out for. Thank you, Mayor. That's all we'll have. We'll be reporting back on this issue in the coming months all right I I am nine C you have a report on the amendment process for an update on the zoning ordinance. Thank you mayor. This is another hopefully brief update and we want to let you know what else may be coming before you well What else I know will be coming before you But this is this is related to chapter 160d that the general assembly passed in 2019 It's a attempt to really modernize the land use codes at the state level and make them easier to administer and understand. It was enacted in 2019, but the majority of those rules did not become effective until the summer of this year. So we have been going through a process to identify what we would need to do at our level, the city's level, local ordinance level to ensure compliance with these mandates from the state. We do find that this chapter 160D will require us to amend our zoning ordinance in several ways. The biggest mandate, the most consequential mandate from the state, from this state, new state chapter, deals with conditional use zoning districts. And in fact, eliminates the potential to use zone, conditional use zoning districts, which is what we just saw with the woodcrest application and involving our current practice of combining a legislative zoning matter with a quasi-judicial conditional use permit request. You know that you frequently see these types of requests as a part of the rezoning process. The state is saying that that is no longer gonna be an option for local governments to use. However, there is a tool that the city can use, which is not a conditional use zoning district, but is rather referred to as conditional zoning. And the big difference here is that it removes the quasi-judicial element from the equation. So no longer will folks be providing testimony under oath and going through a four-part test of evidence. It will become a legislative decision of the council as to whether to approve that request or not. But it does allow conditions to be proposed by the applicant in the hopes of strengthening that application and ensuring compatibility, hopefully with the Jason Land uses. So there is some of the elements of the conditional use district that carry over with the conditional zoning option. So we know that we will need to amend the zoning ordinance to remove the conditional use district option is something that still is still permissible. So we do have a number of uses in the zoning ordinance that require a special use permit. That would be the one time where you would still have to hold a quasi-traditional hearing to consider a request. We did we fired to observe the difference of the two that you've got shown there. Any board. The council would have perhaps less liability in decision making in that it wasn't sworn. Pestimony on prescribed minor would be a legislative active decision. So that's probably arguably a plus if you're sitting on this side of the counter. Sure. You know, that side of the counter probably gives somewhat less definitive recourse or appeal to an applicant. Would you think that would be? What? The process isn't as clearly defined as items of testimony. Perhaps. But at least you know opinion, I should clarify. Yeah, but I will point out that under the, and it doesn't won't really matter because we have to move this direction, but if you get tired of that, I don't. I think you're right that it does offer some defined rules that an applicant or a property on them knows they must address in order to get their permit. When things move to legislative, from the council's perspective, you obviously have more discretion on whether the application is suitable or not. So it does eliminate- You can't feel both of those. That's right. So it does, I think, eliminate some elements of risk. There is always a concern over a contract zoning type of situation where we have to be careful with the condit, essentially negotiating and approval at the council level. We call that south strong. So we will strive to ensure that those conditions, we do our best to hammer out those conditions with the applicant before something comes. So you're not putting a position where you know you're negotiating at the council level. But you know hopefully there'll be some training that we can make available for this. It's something new to us as well. And so if I buy large I think it's something that will be more easily understood by applicants and probably adjacent property owners where we're dealing with just one decision. The other, there's some other highlights I want to just touch on real quickly. It does. And we do a good job of this already. And others probably don't. Other jurisdictions. But it is now stipulated that the applicant and landowner must provide written consent to conditions related to a conditional use of a zone district or special use permit to ensure our ability to enforce those conditions. Now we do that via the memorandum of land use restrictions that the property owner signs and gets recorded. So we are in good shape under the current process. That may be modified slightly under this provision, but we're covered there, I think, based on our current practice. Of note, this chapter now does prohibit third-party initiated down-zoning of the property. So no longer could the mayor ask to rezone Mr. Moffice property to a less permissive zoning district. That actually is allowed under under the law today. You can actually request to rezone somebody else's property and the only stipulation is that you you have to ensure that they've received notice that you are making that request. Now I can't think of time we've ever seen it. We would tell people that it has probably very little chance of being approved, but now at the state level, you must prohibit those types of applications. There is now a requirement to have an adopted land use plan to administer zoning. who haven't adopted land use plan to administer zoning. Previously it was a should, and now it is, if you want to have a zoning ordinance, you must have an adopted plan, and you must reasonably maintain it. So if your plan is 50 years old or in our case, 20 years old, you have to reasonably maintain it. We're going through the process now to do that. This is another interesting provision. It says if the council approves a request that's not consistent with what the maps recommendation is, let's say the maps recommendation calls for residential and you put it in a commercial district, that is automatically updates our land use map and we will reflect that on the map. I think that's a good, good provision to ensure. Especially when you get to plan 10 or more years out. That's right. Octa. It actually saves us a lot of trouble from having to go back and remaple this. So these are things that I know will be coming to you. The anticipated schedule for this is we're working on the actual language. Now we'll probably continue that into February. We expect this to go to the Plainer Board in March for a review and recommendation. That means it gets to you April, perhaps you want a little time to really study and talk about it. We're giving you April and May to go through that process. But at the final month that we can have this approved because it becomes effective in July is June. So that's the schedule we anticipate. You'll be seeing a series of ordinance amendments related to insuring compliance with new chapter 160P. So we wanted to make you aware of that. There should not be anything of real substance when we bring those forward. We're really just trying to address this chapter. That concludes my remarks there. Thank you, sir. And you have last item request for council action on a red point and a van rich to a five year term on the planning board. Yes, sir. Chairman Rich, his term is up this month. He has agreed to continue to serve on the plan board for another five year term. We ask for consideration of his reappointment. Earlier Mayor Smith made comment about during the retirement about a loss of experience and history. Sunday, I am a little retired. I don't know that we've got any appointment that will exceed the loss of history. I jumped with him after the planning board meeting that I really panicked when I saw his term was up because I said, wait, I can't lose you on my watch, man. You know, you need to put in for a for reappointment. So he graciously did. Just to entertain a motion to make that appointment. Maybe we approved. And rents to the Asheville Blangal. Motion by councilwoman reading. Do I have a second? Second councilman Moffitt. Discussion? All in favor say aye. Aye. All opposed. Motion carries. Congratulate. Ben Rich on our behalf. Certainly will. Thank him for his service. Absolutely. Thank you, Matt. He has live pictures of the Plunk Road. Okay. Oh, what? Plunk Road. Okay. The Planned Croats. Okay. With his car on it. His car on it. Okay, Chief Summers. Item 10, our Chief Summers will provide an update on the completed renovation of Fire Station 2. Good evening. Good evening. Well, it's lovely night. First and foremost, I, it's always I want to thank the mayor and council member Mr. Alperin for your support and encouragement. But most of all, you'll trust the Nashville Fire Department and that means a great deal. That means a great deal. I would like to say that the Nashville Fire Department takes break power in maintaining and condition and readiness of the fire stations, which we have been blessed to occupy. In fact, the fire stations are our home, away from home. Quite often the citizens come by, family members come by, and we want that first impression to be positive and a lasting impression. Procstation 2 was built 1972, approximately 49 years ago, and strategically located to serve the community and the firefighters effectively and efficiently. However, to continue to serve the citizens and firefighters into the future. Our station to required some general repairs. For example, replacement of windows, doors, renovation of the day room, kitchen, living quarters, bathroom, and apparatus floor. With that in mind, we started renovation in May of 2020 and completed same in December of 2020. It was a tremendous endeavor. We're from a majority of the work performed by facility maintenance and they did an outstanding job just for not long. We are well pleased with the results and are quite comfortable in stating that with the renovation station 2 is well slated to serve the community and ask for a final problem into the future. Also, the renovation of station 2 allowed us to enhance our Council Prevention Program by replacing all the carpet with laminated wool. At this time, I would like to go through some pictures and slides, as you can see, is the windows. If you look to the left, you can see how bad those windows had deteriorated. And to the right, that's the new windows. And the break they need that was actually thrown by our personnel here in the city of Asheville. The same with the exterior doors. Those metal doors, they were beginning to deteriorate. So we had the opportunity at this time to replace all of our exterior doors. This is John Nance and Steve Drowman. Now John was responsible for the plumbing. All the plumbing essentially to Steve was the brickmaid, and he conducted some of the painting. The work that they performed was exceptional, but more important to us was their disposition, positive disposition throughout the process. That meant a his specialty is she-rock. And as I move forward, this is just y'all. It's famous. It doesn't get any better than that. The flooring, we are ready to flooring in the kitchen, the day room, as well as the living room. It's too cold here because it assisted us with our cancer prevention program. Because if you know, carbon holds a lot of contaminants with the laminated floor, you don't have to worry about that. This is another picture of it. This is the day room. if you look at the arrow, that's a non-barren wall. We actually took that wall out to create more space for the five rights within hands, social distance. This is the better picture of it. Boy, that's just how it's saying it. And that will help enhance our social distancing as we combat the pandemic. This is another angle. Now this is the living quarters. And we put the laminated flooring in the living quarters this way. And this is the hallway. However, the laminated also flowed into the bedrooms this well. And this is the hallway, however, the land that also flowed into the bedrooms as well. With new paint. And these are the bathrooms. We renovated every bathroom with new plumbing, tile, floors, walls, and paint. I would like to say one thing that's going to help with the longevity of station two is that we replaced all the cast iron. And you know over years cast iron, you get to chip away in terms of it. We use in the PBC name, which will increase the longevity of the station. In conclusion, Astro Foddapal would like to thank the Mayor, City Council, City Manager, Facility Maintenance, Champion Tile, Save A Lot, Floyd, JC Granted, Archadale Cabinet Shop, and a special thank you, Mr. Jimmy Kagle, Superintendent of Facilities, and Captain Jason Jones. They was pretty much the superintendent of this this project and they made sure it was we saved on pass. With the current renovations, the sustainability. Station 2 was well situated to serve the community and ancestral fire farms for many, many years to come. I know that was great, but I just want to give you guys an update on station two and we are extremely proud of station two. So I would like to pick this moment to invite Council, to have the bell stop by for coffee. I know we got the pandemic going. But I knew we can social distance and have a cup of coffee. Are there any questions? It's sobering when you mentioned that the building, the original building was 50 years old. You know, because I'm sure we all remember it being built and still referred to it as the new fire station. Yeah. Yeah. I'm about to revisit my thinking. I remember this. It is the new fire station now. Everything old is new again. Four fire stations. Yeah, just call it the Elmo. But kudos to Chief McGloin strategically. He couldn't have been placed any better to serve the North end. So, uh, Kudos to Chief. Well, Chief, I got one question for you. Yes. You enjoyed being in Asper as much as we enjoy having you. Yes, sir. I do. I, uh, I absolutely do. We're proud of you. We're proud of what you've done with the, uh, the, uh, legacy of Chief McGollan there at the fire station and we've got great equipment now and great facilities and great personnel so thank you. Thank you and we certainly couldn't do it without the support of the council and We certainly appreciate that each and every day and We see each and every day to continue to exceed the expectations of the community So also we got a new lab at Take the opportunity to stop live and see the new ladder truck It's also line and see the new ladder truck. It's awesome. It's a nice piece of equipment. So it's sitting out and out in the drive today. Yeah, the gentleman from Wisconsin came down, we've been conducting training for the last three days before he goes in service. It's a beautiful truck. Chief, is this a new truck or a refurbished truck? This is new. Brand new. This is the new one we've. And when you get your audit, remember last year, which is like two years ago, counterwise, we made the first half of the payment. Obviously, they don't keep those on the lot anywhere. You spec it. You pay for half. They build it, then you pay along so we paid the second half and we're now in possession of and a yes I rode the boom all the way up in the basket that's my obligatory one time it was cold it was cold it was cold it was really under the weather, then I couldn't ride the fire truck and I couldn't dedicate the new highway. It was cold, this gets really nice. It was cold. And you know, Councilman Swerger's asked a pretty important question there and I think we as council and all to say a great thank you to the command staff at the Fire Department and our city manager and our city finance because we have over the last few years done some serious upgrading of our equipment with a mix of some new and some refurbished or used, slightly used, we found a resource for some incredibly nice used equipment. And we've updated our rolling stock and that's due to the magic of our manager and the finance people, they be in John and what they are able to do and the thoroughness of your people in finding this equipment and speccing and ordering. So we've come a long way in the last seven, eight years as far as our upgrading of equipment. And we're proud of you. Thank you so much. It's a good staff. The command staff, Chief Cochman, Chief King, and Chief Floyd, they don't come any better. They don't come any better. And it's an honor. It's an honor to serve alongside me and women of Asheboro. Well, we're certainly honored to have you in aspirin. Thank you Okay, thank you Mr. Leonard Item 11a you got a request for a council action on implementation of revised hangar rental rates and procedures implementation of revised hanger rental rates and procedures. Thank you, Mr. Mayor. Good evening. This item was discussed at the previous meeting at which time City Council instructed the City Attorney to produce a resolution based on the recommendation of the airport authority at their last meeting, setting the airport hanger rental fees. This resolution also authorizes staff to investigate integrating the month to month leasing of the hangars into the FBO's lease agreement. Staff recommends adoption of this resolution by the end. Questions? And we're moving that way, Mayor. Mr. Moffit mentioned who has a lot of aviation experience in Chairman Knight. The aviation market is very fast paced right now, active. And the more we can push down to the authority and the fixed base operator, our fixed base operator, Cardinal Air. To manage, it takes this whole level of bureaucracy out and they're the subject matter experts on aviation. So that's what we're moving to. Always poor lightning load. Okay, you've asked us for a motion on item aye. Yep. May I have a motion? May I move the we adopt the resolution to prove in the hangar rental rates by reference? I have a motion to adopt by reference. May I have a second? Second. Mr. Birx, is the second I questions discussion All in favor say aye all opposed Motion carries I know be a update on potential acquisition of existing hanger Thank you mr. Mayor at the last council meeting staff was instructed to investigate funding options for the possible purchase of the Southern most tea hangers, which are the butch co-trained hangers also known as hanger in. After contacting the division of aviation, it was determined that MPE funds were eligible for use in the purchasing of this hanger. The current MP funding is as follows for the 2017 year we have a remainder of our remaining $84,000, $2,019, the full amount of $150,000, and $2,020, the full amount of $150,000 for a total. MP funds of $534,416. Actually $461. Excuse me. MP funding requires a 90-10 match, which is roughly $16,700 per year. So with those three years plus the parcel for 2017 comes to approximately $59,485. Staff is requesting a direction to proceed with the acquisition of Hanger N using the existing MPE funds. Questions? So again, following on, Mayor, if we can acquire this Hanger, we can then put it under the control of the FBO2. So it's all, we're trying to move where everything's, and they're right on scene to rent from and manage the facility better. As a prospect in established. I have not heard a price, no sir. We'll have to, with your guidance tonight, we'll have to go to the public, because it will be a public acquisition, so we have to go to the process. Yes, we'll need an appraisal. There will need to be an appraisal and all that done through the Division of Aviation or through WKDX and the Division of Aviation will require. What is the size of the hundred? You know. I do not. I'm thinking there's ten, nine or ten spaces in it but I'm not sure. I'm being precise. Interested in getting that information back as we continue our discussion of the potential of building additional hangars, I'm sure to be proactive in having inventory for tracking aircraft which is the mayor of champions is the best tax item there is in the whole budget. I will say that if the full amount is not extended just in the purchase of this, it is also eligible for construction to a point. And there was some rules that we had to follow on stuff. It could be possible that it wasn't a 90-10. And we will also be getting the 2021 in May so that we have an additional 150,000. Correct. Great. You're good. OK. That's just an update. OK. You're looking for consensus or direction. Probably. Thanks so mayor so we can begin the process of acquisition. In case someone asks it probably be good to have a motion so it's in the record. I'll entertain a motion directing staff to proceed with the potential acquisition or negotiating acquisition of the existing hangar in. Yes, sir. Mr. Mayor of some move. Got a motion from Mr. Moffeck. The mayor have a second. Second. Second. Mr. Burke. Discussion? I want to favor say aye. Aye. All in favor say aye. Aye. All opposed. Motion carries you have your marching orders sir. Thank you sir. Thank you. Negotiate well. Actually it's up to some apprentices right. That's correct we have to do fair market value. Okay based on that. All right. And okay item 11C is an update on 64 bypass signage and the need for the installation of airport directional signage. Yes sir as you all are aware December 18th was the open and day for the the US64 bypass and after opening it was noticed that directional signage was not present for the Asheville Regional Airport had not been installed at either Westbound or Eastbound directions or at the exits. Staff contacted the NCDOT district supervisor, Mr. Geron Monroe, to request signage be added. Mr. Monroe has since put staff in touch with the resident engineer, Mr. Carrey Fon, with whom we are awaiting information concerning the installation of this directional sign. All right. Dennis, oversight or staffing problem at DOT or hard to know. I did notice how I'd been open three days and I came up 42 and they still had the black shrouds over the signs directing on to the bytask at 42. The sign trucks were still moving around. Coming up 42, they had all these signs saying Eastern West 64, but they were covered. Didn't know what you were looking at. Some of that probably, a small portion of being a design build job. The sign packages I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. All right, Mr. Ogburn, 12 a.m. and up there an impact of the pandemic. Yes, Mayor. Thank you. Will the pandemic continue in Randolph County? These are, I believe, as of yesterday. As of today, 1-7 Randolph has had 8,921 cases and unfortunately we've had 134 deaths from COVID. Randolph County is still in code red, which means, and a lot of people ask, what does that mean? It's the, where critical community is free. So there's, it's countywide. And people ask me, where is COVID? Where is it? Where, it's just all over the county It's all zip code just is rural parts of the county or urban parts of the county Coming online is the vaccine Before I move on I do want to say that the governor did extend The modified stay-at-home order and courting a curfew and also on top of that I think that's the first time done during this entire pandemic. Security of Health and Human Services, Mandiko and issued a public health order to the same requirements. So there's an executive order and a public health order. That's a 10 PM to 5 AM and now it'll expire January the 29th at 5 PM. Now we're in the vaccine phase of the pandemic. Our firefighters who want the vaccine are taking it now. They're their critical employees. As for a police department, it's a little later in the pandemic vaccine plan. We've had serious discussions with, and we want thank the public health director, Susan Hayes and a county manager, Hal Johnson. We are concerned obviously at our level that the water plant operators and the wastewater plant treatment operators need to be higher in the system. You will see there under the green bar, where it says utilities, I think it says utilities and like we think that should be higher up. That is not, this chart is not made by Randolph Public Health, this the US CDC and the North Carolina DHS. Now the governor has activated the National Guard to help with the vaccine. They began this week. People 75 and older. If someone watching out there 75 or older, or you have family members that are 75 or older, you call the number. Go to the county website public health, call the number. The number is jammed up. Now, it's not the county's fault. It's 145,000 people can't get in all at one time the state's hold systems jammed up But the county's working hard to get it open And you can get the vaccine. It's not just like Taking your kids down to the health department when they're little and getting their vaccines. You just scheduled an appointment and you went down there. The state's logging you in, they're verifying your age, they got your address, your contact information, then they set you up for the second round of vaccines. Remember, this one is 21 days. I think it's what Randolph County has. You need both vaccines to be 100% protected from the pandemic. So we're working hard to get the employees through. Now, this week, and I think Jeff got it. See, Attorney Jeff Sug got it. The School of Government did publish their opinion that current federal and state the court. The court has said that the court has been in the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the It's been tested. There's a, I think a Supreme Court case in 1905. It's been tested. It's in the statutes. That being said, we have not got to that point yet. And the HR staff and I and the management team to require that. We will wait till other health agencies, ages like that, require it. As you wear most of your vaccines are required to go to first grade if you are kindergarten, if you remember, you can't go to public school without them. That's where they get you started on the series. So that's where it goes. Now it's having impact on our operations. We have had, we've had been down to minimum staffing in the police department. We've been to minimum staffing in the police department. We've been to minimum staffing in the fire department. Unfortunately, we've had COVID here at City Hall, employees here, and all our other functions. We have not got to the point yet. We cannot function. Fortunately, we continue to social distance, mask, all the things required. You just heard Chief Summers mention it. Your budget has been fire station two. We've widened out the area. At fire station one, we've separated the two units down there. Remember we served two sides of town at a one building. We've separated them on what would be the training end and the offices is now one fire crew and the other end of the building is the other fire crew. And remember, they have to move as a unit. They don't move as individuals. So if you don't want to get to the two crews and are mangold and we have to separate our training. At the water plant and wastewater plant we're separated, we distance so, social distance as much as we can and we do have, we do mask. Now we have a lot of young people learning, water and wastewater trade. And Mr. Mopleto tell you has this license, it's a very hard test. Takes a lot to learn how to get it. And you can't just, I mean, why, we normally hire people with Randolph Community College education, you can't go down there and just take the exam. So when we have a person sick and a person training, they both have to be out. They both have to quarantine. So we're working hard to stay at minimum staffing on that too, and pushing it out to the vaccine who wants it. We've got a long way to go in North Carolina. We've just begun. I say all the time we have a budget briefing or Jeff or I or Trevor mentioned it we always talk about North Carolina's at Dillon's rural state and it's very centralized the state isn't control of this you'll see in other places in Florida for example it is not it'll let in each county and that's what they lined up all around my for people to get the vaccine, right? That's not the process we're following here in North Carolina. We're following a different process. And in Randolph County or Ashbur at large, Randolph helped. That was a told you at the December 11th meeting when I was actually quarantined. It would call it on the phone, that they were taking COVID patients. They were taking up to a certain intensity or illness of COVID patients. They went all the way up to most ill COVID patients. And they've had had moments when they've had to divert COVID patients to other facilities because we were at max. So it continues to be a real impact on our local health care system. I just put that out. We continue to run some medical calls in fire department, but not most of them. We're running life critical calls, whether it's COVID based or not. But if it's a transport call, a lifting call, something we don't, in that sense, we don't have to run. We would typically run, but it's to protect our own firefighters were not. The EMS ambulance crews, they de-con just like chief Summers showed us back into summer how we come in DeCon. You know, Wiper swash our shells down. They de-con ambulance crews are doing that too because once they have the virus they have to get it clean and off of them so that's where we are following along on number B mayor and you're welcome that's that you have a spot take your shot that that bark chart is the best way to understand the COVID vaccination process here in North Carolina. And you can get that right as you see is your spot yourshot.nc.gov. It's pretty good to put on the refrigerator if you want to follow along. Now, we have item B in your packet, Mayor, is a request for council action of a resolution authorizing a limited amount of emergency leave, administrative leave for eligible city employees. Now, you may remember right before Christmas, Congress was really active on a stimulus package, was called a stimulus package, was called a stimulus package. Most of us remember the $600 or the $2,000. In words, state and local aid, gonna be in it, was there gonna be a liability for universities and employers and to prevent them, if they required, people would have come to work. All that dropped out of the final bill, they modified the existing families first, Corona Relief Act personnel requirements. And that required all the employers in the country, private or public to have a two-week leave so employees could leave two weeks paid leave employees could leave and be quarantined You don't want sick people coming to work in fact in your workplace Now that that the original bill expired December the 31st midnight Last year, it seems like a long time ago, but was just last week. We as a city could opt in to the new part of the bill, which runs till the 31st of March. We are choosing to opt out with this resolution and establish our own local city part of our personnel policy. I guess section is more of the calls because we realize that here in North Carolina we're not going to meet the vaccination requirements by the 31st of March. You look on that bar chart. If you got kids that are under 18, Santa Claus may be of the vaccine out there. So, what we're asking the Council Maritus resolution is to establish the same parameters that the emergency family medical leave act had beginning on January 1, 2021 so that will actually backdate it if somebody is in the program now and we do have employees who are and they'll be temporary leave for and that's the form of emergency administrative leave is what we've decided to call it our level. It gives you, it also allows us to utilize our Family and Medical Leave Act, which was prior federal employment law and process and amount is consistent with all the existing policies here at the city. We do recommend this be approved by reference as that it'll allow employees to have the protection. We don't want employees coming to work sick. Eaton, and that's the thing about this pandemic. They may not know they haven't. I know we know about asymptomatic carriers, but if you have a history of sinus infections or allergies or migraines, you may think that's just what you have. And you may find out that's not what you have. And the employee, not what you have. Had an employee who called and said, well, you think I have COVID and they said, well, what are your symptoms? They said, well, my head stopped up. I got a sore throat in my back hurts. And she said, well, you're mace. Now, I have that every day. Right? Have you had a fever? No. Then you probably don't have COVID. So we continue to do that if we have an employee who thinks they are that we do send them to their family physician or white oak emergency care for testing our employee health center does not provide COVID testing nor do we allow folks to come in there for COVID treatment. So we were mayor we'd request that be approved. This resolution if approved would expire on midnight December 31st 2021 as it is an emergency provision in our personnel policy. I'll entertain a motion to approve our reference as resolution authorizing the amount of emergency demonstrated leave the council. The council is the council. The council is the council. The council is the council. The council is the council. The council is the council. The council is the council. The council is the council. The council is the council. The council is the council. The council is the council. The council is the council. The council is the council. a request from the council to authorize the mayor to execute the documents necessary for undertaking the community development block grant Coroners grant program awarded to the city. I reported back on December 11 to the council that the city had received the $900,000. We've received the grant agreements. We want to know what one looks like. Here's the beginning of it. This is just to get the mayor's signature. This is not the program. This is all the things that when the mayor and our sign, we are agreeing to follow all the laws and regulations and all that. So remember our partner through the distribution of the funds will be the United Way since they have an experience. So we'd mayor if you would get the Council's authority for you to execute these documents to begin the grant process. Intertaining motion. Mayor, I move we approve the request to authorize you to the execute documents necessary for the CDVG CV grant. Thank you, Mr. Bail. May I have a second? Second. Second. Ms. Redden. Discussion? All the favour say aye. Aye. All opposed. Motion carries. Thank you very much. Mayor and item 13 on the upcoming events. January the 18th is Dr. Martin Luther King's birthday. It's a city holiday, the garbage collection recycling schedule will shift one day. So if you're on Monday, it'll be Tuesday. If you're on Tuesday, it'll be Wednesday recycling. It'll be on Thursday. Due to the pandemic mayor we have not been notified about a doctor keen birthday celebration. I'm assuming that well I know it doesn't meet the requirements for a social distancing in the governor's emergency and now now the health, state health director, secretary requirements. So if there's some event, some outdoor event, I will let you know I've not heard of one yet. Normally mayor, we have a lot of events, you know, in the spring, we at this point, we don't have any scheduled. We continue, we are not Operating sunset theater The GM is open on a limited basis Of course our parks and tennis center golf courses open School is back in high school athletics is open on a very limited basis Dining is still 50% End or dining so as I said the governor's executive order and the secretary's public health order continue Okay Mr. Birx Okay, out the order, continue. Okay. Mr. Barks. A month ago, I made a request on behalf of the Salvation Army because things were looking very dire at that point. So that just goes to show you how well people are watching us on YouTube because we were really concerned that people weren't out shopping, they weren't dropping money in the red catalyst. We actually made a little more money this year. We got more checks, which is what I requested last time. And it's amazing. I mean, the need is greater than what we have, but we're way far ahead of where we thought we would be. So thank you to everybody who chipped in to help out the Salvation Army that in turn helps our community. Thank you. to everybody who chipped in to help out the Salvation Army that in turn helps our community. Thank you. I'd just encourage everyone to stay safe, remain vigilant in our efforts and our prayers for all the COVID related activities and so I hope you're on the custom improvement. I congratulate half my Bell on his immunity. Mm-hmm. That's ready? Likewise. Again, everybody stay safe and prayers for our country. We have some work to do. Yeah, please. Hopefully we will be able to unite. Yeah. Mr. Bale. No school tomorrow just got the word city schools. Really? I guess that's all the ladies won't have a reason. Yeah, yeah, yeah. The way that I got in the milk and bread early. Oh, Mr. Swayers. Oh, for the weather. I'm good. Everything. I'm just ready for a snack. Obviously Mayor as Mr. Bell mentioned I was just trying to figure out why school would be out but the weather what it is only weather we have right Royce folks we are prepared We have our equipment ready to go. Our routes are established. We have salt salt and sand ready to go if there's a whether or if we have snow or ice or some combination at this point the local the last emergency management received communication. We received late this afternoon Asperer maybe too far south. So we'll just see, we'll work if we have to. We'll probably have a crew won't up there. Public service is crew. You know, if we bring them in and pay overtime, nothing happens. It's always more prepared, the luckier you get, right? Staff, anybody? OK. Chief's still out there? Chief, appreciate you. Appreciate you being out here. And I know you, some of your management, command staff have been quarantined and I hope all that continues to work out well for you guys. Stay safe, maybe new everybody. Mayor, we'll get to you to sign these documents tomorrow. Guess they got to read.