ein Town of Franklin Counc ———sveeda —— — — January 4.2021 6:00 pan Call Order Mayor Bob Son Pledge of Aleginnce- Vise Mayor Barbra Meas Adoption ofthe January 4, 2021 Town Counel Agenda: Town Coun Approval ofthe Consent Agenda for January 42021. Town Council A.) Appeol ofthe December 7, 2020 Ten Counil Minutes BR) Tax Releases ‘C) Resolution for Authorization of United Community Bank Fir-Substation Lowa 1.) Amendment to Macon County Substanse Comat Public Sesion O14 Basins A} Discussion on Fatly Retirement Law Enforcement Oflicers Town Atorey Joh Henning and Haman Resource Dizetor Tavs Talent .)iseussion on Prades nd Demonstrations Odinance- Town Atom Joh swing Ie New Busines: A) Discussion on Strategie Planing Mestng- Town Menagr Summer Weodad Announcements A.) Town Hall Offices wll be closed Mona’ Januay 18,2021 in observance of Matin Lather Ki AdjournAgenda Item — Town Council Meeting Date: January 4, 2021 Agenda Item #: 4 (A) Department/Agency: Town Clerk Subject Matter: Approval of the December 7, 2020 Town Council minutes. Department Head’s Comments/Recommendation: N/A ‘Town Manager's Comments/Recommendation: Approval Suggested Motion: If (favorable) approve December 7, 2020 Town Council minutes as presented, Attachments: Yes_X_ No Action Taken:C2Ar;y ede Wf December 7, 2020 meeting, ‘The Franklin Town Council held its monthly meeting on December 7, 2020 at 6:00 p.m. in the Town Hall Board Room. Mayor Roberts, Scott presided. Vice-Mayor Barbara McRae, Council Members Joe Collins, David Culpepper, Jack Horton, Mike Lewis, and Dinah Mashburn were present. ‘The Pledge of Allegiance was led by Vice-Mayor McRae. Adoption of the December 7, 2020 Town Council Agenda Town Manager Summer Woodard asked to add some budget amendments to the consent agenda Motion was made by Horton, seconded by McRae to approve the agenda as amended, Motion carried. Vote: 6 to 0. Approval of the Consent Agenda for November 2, 2020 A.) Approval of the November 2 and November 17, 2020 Town Council Minutes 8.) Budget Amendments C) Tax Release D.) Adoption of Town of Franklin Council Meeting Schedule for 2021 E) Adoption of Town of Franklin Holiday Schedule for 2021 ‘Motion was made by Mashburn, seconded by McRae to approve the consent agenda as presented. ‘Motion carried. Vote: 6 to 0. Public Session Nobody from the public spoke. New Business: Presentation on Town of Franklin FY 2019-2020 Audit Kelly Gooderham presented this item on behalf of Martin Starnes. Audit is attached. Motion was made by Horton, seconded by Mashburn to accept the audit as presented. Motion carried. Vote: 6 to 0. New Business: Presentation on Updates to 160D of the Unified Development Ordinance Land Use Administrator Justin Setser presented this item. New Business: Forward Text Amendment to the Town Planning Board In consideration of state statute changes in regards to 1600 of the Unified Development Ordinance as presented by Setser, the Town Council forwarded the Text Amendment to the Planning Board. Motion was made by Collins, seconded by McRae to forward Text Amendment to the Town Planning Board. Motion carried. Vote: 6 to 0.AEF wa December 7, 2020 meeting continued, New Business: Request for Water Bill Waiver at 1144 Patton Road ‘Town Manager Summer Woodard said that she was unaware of the Town Council ever waiving a water bill. Motion was made by Collins, seconded by Lewis to deny the water bill waiver for 1144 Patton Road. Motion carried. Vote: 6 to 0. ‘New Business: Discussion on Early Retirement for Law Enforcement Officers HR Director Travis Tallent told the Town Council that there was potential for a policy change that would allow police officers with at least 25 years of service to retire early and that the Town could offer them a severance package that would include a lump sum payout instead of monthly separation payments. Council Member Joe Collins said that this could be a good tool for the Town to utilize in the future. ‘Town Manager Summer Woodard told the Town Council that she wanted the board to be aware of the potential for the change and that town staff would continue to work on the policy and bring it back to the January meeting, Legal: Discussion on Parade and Demonstrations Ordinance ‘Town Attorney John Henning Jr. presented this item. ‘The Town Council asked Henning Jr. to bring this ordinance and a gazebo use ordinance or policy back to the Council in January. Adjournment Motion was made by Collins, seconded by Culpepper to adjourn the meeting at 7:10 p.m. Motion carried. Vote: 6 to 0. Robert S. Scott, Mayor Travis Tallent, Town ClerkAgenda Item — Town Council Meeting Date! January 4, 2021 Agenda Item #: 4 (B) Department/Agency: Tax Department Subject Matter: Tax Releases. Department Head's Comments/Recommendation: N/A Town Manager's Comments/Recommendation: Approval Suggested Motion: If (favorable) approve tax releases as presented. Attachments: Ye No__ Action Taken:Releases for January 2021 Meeting Doris Hunter: 6584874490, release 92,000. Was $668.80 new amount will be $374.32. Per County Huntington Technology Finance and Subs: 139556, release 40660. Was $252.45, new amount will be $122.34. Per Countysscruggs@franklinnc.com From: Delena Raby Sent: Tuesday, December 22, 2020 4:07 PM 1 sscruggs@frankiinne.com Subject: Doris Hunter: 155 N Womack St ‘HiSabrina, Doris Hunter 6584-87-4490 at 155 N Womack St has been approved for property tax relief. Please release 92,026 in value for her 2020 property tax notice. The original assessed value was 209,000, the corrected value is 116,974. Nd BVPGL wed WSW.32 Thanks, Delena Raby Macon County Tax Administration Personal Property Appraiser 5 West Main St Franklin, NC 284734prscoveR ust 155 NORTH NOMACK ST FRANKLIN, NC 26734 TOWN OF FRANKLIN PO BOX 1479 FRANKLIN, NC 28744 2020 PROPERTY TAX NOTICE [COLLECTION PROCEDURES. Delinquent taxes lwill be collected through sll remedies available under IN.C. General Statutes. 1 lure not limited (0, garnish ages, atich lof bank accounts, levy on personal property and Horeclosure on real property. ead eA 6504874490 155 N WOMACK ST 209,000, o = eee TAX RELATED QUESTIONS: . (828)524-2516 TOWN TAK 0.320 $668.20 INTEREST $0.00 eros begins tm Yaad lien nterests-3/ 4% per mouth 3668.80 PROPERTY TAX DUE. PAY THIS AMOUNT aon f BY ssese74490 13h 2020 o | _209, 000 966) 09-01-2020 REMIT 70: MAKE CHECK PAYABLE & 0 eee ‘TOWN OF FRANKLIN PO BOX 1479 FRANKLIN, NC 28744 155 NORTH WOMACK ANKLIN, NC 287sscruggs@franklinne.com Jenny Deal Tuesday, December 22, 2020 1:51 PM sscruggs@franklinnc.com Subject: Tax Bll Release i Sabrina, have amended a BPP listing for Huntington Technology Finance and Subs ACCOUNT# 139556 and released the amount of $40,660.00 ‘The new amount being taxed is $38,230.00 Thanks, yo VY Jennifer Deal ‘Tax Technician Macon County Tax Office 5 W Main St. Franklin, NC 28734 828.349.2211 jdeal@maconne.orgTOWN OF FRANKLIN PO BOX 1479 BRAN KLIN, NC 28744 2020 PROPERTY TAX NOTICE FINANCE AND SUBS PO BOK 2017 BLOOMFIELD KILLS, MI 48302 [COLLECTION PROCEDURES~ Delinquent taxes be collected through all remedies available under IN.C. General Statutes. These methods include, but lare not limited (0, garnishment of wages, attachment lof bank accounts, levy on personal property aud foreclosure on real property. 139556 | Tn ent PERSONAL PRO! ma cone nein] e LO S 78, 890 0 a 6,890 [enero ee TAX RELATED QU FS a (828)8242816 0.320 INTEREST tn at 2% PROPERTY TAX DUE, PAY THLIS AMOUNT. aan ane 1321.0 139556 zi 2020 78,890 $252.4 09-01-2020 MAKE CHECK PAYABLE 6 REMIT 10: TOWN OF FRANKLIN PO BOX 1479 FRANKLIN, NC 28744 HUNTINGTON FINANCE AND Si PO BOX 2017 BLOOMEIELD HILLS, M HNOLOGY 48302Agenda Item — Town Council Meeting Date: January 4, 2021 Agenda Item #: 4 (C) Department/Agency: Administration & Legal Subject Matter: Resolution for Authorization of United Community Bank Fire Sub Station Loan. Department Head’s Comments/Recommendation: N/A ‘Town Manager's Comments/Recommendation: Approval Suggested Motion: If (favorable) adopt resolution as presented. Attachments: Yes_X_ No Action Taken:RESOLUTION OF ‘THE TOWN COUNCIL FOR THE TOWN OF FRANKLIN AUTHORIZING THE MAYOR AND TOWN MANAGER TO EXECUTE CERTAIN CONSTRUCTION AND FINANCING DOCUMENTS ON BEHALF OF ‘THE TOWN WHEREAS, the Town Council for the Town of Franklin, North Carolina desires to construct a fired department substation (the “Project") to be used by the Franklin Fire & esc ie “Department”) to better serve the citizens-of-Franklin-and-the—————__— residents of the Department's Rural Fire Protection District; and WHEREAS, the Town Council desires to finance the Project by the use of an installment contract authorized under North Carolina General Statute 160A, Article 3, Section 20 (GS. § 160-20); WHEREAS, pursuant to G.S. §160A-20, the Town Council duly advertised and held a public hearing on the matter in its continued regular session on the 17*' day of November, 2020, after which hearing the Town Council approved 1) United Community Bank as Lender, pursuant to the terms attached hereto as Exhibit A; 2) Western Builders of Sylva, Inc. as Contractor; and 3) application to the Local Government Commission (LGC), petitioning for approval of the Project as proposed; and WHEREAS, at its regular meeting on the 1*t day of December, 2020, the LGC approved the Project as proposed, and now the Town Couneil desires to appoint appropriate officials and delegate to them the authority to bind the Town of Franklin to necessary contracts to accomplish the Project; NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Franklin, North Carolina, meeting in regular session on the 4** day of January, 2021, the following: 1. The Mayor, Town Manager, Town Clerk, and Town Finance Officer are hereby ‘empowered and authorized to enter into such agreements as they find to be necessary and convenient for the accomplishment of the Project, including but not limited to financing agreements incorporating the terms proposed by United Community Bank on the attached Exhibit A, as well as construction contract documents agreed to by Western Builders of Sylva, Inc. ‘The said officials’ execution of such documents shall be the valid and binding act of the Town of Franklin, for all intents and purposes. ‘This resolution is effective upon its adoption this 4* day of January, 2021. ‘The motion to adopt this resolution was made by Council Member . seconded by Council Member and passed by a vote of __ to __. Robert 8. Scott, Mayor ATTEST: ‘Travis Tallent, Town Clerk C8: 00071293.D0CX |Agenda Item ~ Town Council Meeting Date: January 4, 2021 Agenda Item #: 4 (D) Department/Agency: Administration Subject Matter: Amendment to Macon County Substance Contract. Department Head's Comments/Recommendation: N/A Town Manager's Comments/Recommendation: Approval Suggested Motion: If (favorable) approve contract as amended. Attachment Yes _X No Action Taken:STATE OF NORTH CAROLINA COUNTY OF MACON RESTATEMENT AND FIRST AMENDMENT TO MENT TO PROVIDE SUBSTANCE ABUSE THIS RESTATEMENT AND FIRST AMENENDMENT (the “Agreement”) is made and entered into effective this the I*' day of November, 2020, by and between No Wrong Door for Support and Recovery Ine,, A North Carolina Non-Profit Corporation (hereinafter referred to as “No Wrong Door”); Macon County, a North Carolina County and body politic (hereinafter referred to as “County"); the Macon County Sheriff; and the Town of Franklin, a North Carolina body politic and corporate (hereinafter referred to as the “Town” THAT WHEREAS, the County, the Macon County Sheriff, and No Wrong Door entered into an agreement dated as of the 1* day of July, 2020 (the “July Agreement"), pursuant to which No Wrong Door agreed to deliver mental health and substance abuse services as more particularly set forth hereinafter to individuals in Macon County, North Carolina, who have been found to be in violation of the laws of the State of North Carolina, have been incarcerated and who have been found to have mental health and/or substance abuse related problems as a contributing factor to their continuing difficulties with living within the legal boundaries of their community; WHEREAS, in recognition of the valuable service provided to residents of the County ane Town, the County agreed to provide payment to No Wrong Door pursuant to the July Agreement and the Town provided $20,000 unto County to use toward the same; and WHEREAS, the parties now desire to restate and amend the July Agreement for the purposes expressed herein; NOW THEREFORE, hereto agree as follows: consideration of the mutual covenants contained herein, the parties 1, Purpose of Agreement. ‘The parties hereto acknowledge and agree that substance abuse and mental health issues are a contributing factor in many crimes committed in our communities and that often these individuals have no exposure or access to treatment for the same while incarcerated. With exposure to interventions during petiods of incarceration, these individuals become more likely to engage in services upon release which then supports these individuals in leading a safe, productive, recovery-oriented life. 2. Intent of Agreement. C8: O0073887,D0CX |It is the intent of No Wrong Door and County to provide jail-based substance abuse and ‘mental health services ina timely fashion to target population to reduce recidivism/criminal activity in the community upon release and to promote healthy and productive lifestyles for all individuals and their families. Scope of Services, Subject to the provisions contained hereinafter, No Wrong Door will during the term of this Agreement provide jail-based substance abuse and mental health services in a timely fashion to target population to reduce recidivism/criminal activity in the community upon release and to promote healthy and productive lifestyles for all individuals and their families as follows: Assisting target population with finding jobs upon release; B. Assi ing target population with finding housing upon release; C. Providing treatment classes to assist target population in continuing recovery: D. Assisting target population with navigation to resources for those seeking long term. treatment; E, Assisting target population with navigation to resourees for those re-entering the ‘community; F, Providing substance abuse assessments to the target population; G. Providing treatment planning to the target population; H. Providing individual and group counseling for the target population; 1, Providing crisis assessments for the target population; J. Providing case management for the target population; K. Providing mental health screening and referrals for the target population; L. Providing the Prime for Life program for the target population; M. — Providis 1g the Prime Solution program for the target population; N. Prov 1g the WRAP program for the target population; 0. Providing the Living in Balance program for the target populat £8: 00073857,DOCXPp. ng the Matrix program for the target population. 4. Payment for Services during the Term of this Agreement, During the term of this Agreement and subject to Paragraph #5 below, County agrees fo pay No Wrong Door equal installments of $3,333.00 on a monthly basis for services rendered hereunder to the target population. As provided in the July Agreement, County agrees to act as fiscal agent on behalf of County, Macon County Sheriff, and Town. County and Town have budgeted funds during the Term in the amount of $20,000, from which No Wrong Door shall be repaid in a total sum not to exceed the sum of $40,000 during the Term of this Agreement. Provided, however, that upon execution of this Agreement, the Town hereby agrees to provide to No Wrong Door, via County as fiscal agent, a one-time additional sum of $15,000, which funds were budgeted but not expended during the fiscal year ended June 20, 2020. No Wrong Door agrees to use these funds to carry out the purposes of this Agreement, The Term of this Agreement shall be from the effective date of the same as set forth hereinabove to and including June 30, 2021 5. Provision of Serv During the term of this Agreement, No Wrong Door agrees to and shall provide reasonably necessary substance abuse and mental health consultation, information and education services as well as the services referenced in Paragraph #3 and all subparagraphs thereof to the individuals referred to it by the Macon County Sheriff or his designees. The Macon County Sheriff shall keep a complete record of the dates services are rendered in accordance with this Agreement, descriptions of service for each date services are rendered in accordance with this Agreement and the amount of time spent by No Wrong Door in providing such services on each date services are rendered in accordance with this Agreement. The Macon County Sheriff shall make such records available to the County upon request of the County and/or Town, 6. Termination, ‘The parties hereto agree that this Agreement may be terminated at any time with or without cause by providing written notice of termination to the other parties, in which evet the terminating party shall be under no obligation to provide further funds. Additionally, this Agreement may be terminated at any time upon mutual consent of all parties hereto, Provided, however, that in the event that either the Town or County terminates participation in this Agreement, then the other parties may continue the Agreement as contemplated herein, but in no event shall the non- terminating party be liable for payment of the terminating party’s share of funds. 7. Governing Law. ‘The laws of the State of North Carolina and the Federal law, as applicable, shall apply to this8, Indemnification County agrees to Indemnity and hold No Wrong Door harmless from all liability, loss, damages, claims and expenses of any kind, including cost of defense that results from the negligent or willful acts and omissions of County and its agents or employees regarding obligations of County underthis Agreement. ~~ No Wrong Door agrees to Indemnify and hold County and Town harmless from all liability, loss, damages, claims and expenses of any kind, including cost of defense that results from the negligent or willful acts and omissions of No Wrong Door and its agents or employees regarding obligations of No Wrong Door under this Agreement. If this Agreement is terminated, the rights and obligations of the parties regarding indemnifications under this Agreement shall survive the termination of this Agreement regarding any liability for acts or omissions which occurred prior to the termination. 9, Independent Contractor. ‘The parties hereto agree that No Wrong Door is an independent contractor and shall not represent itself as an agent or employee of County, Macon County Sheriff , or Town for any purpose in the performance of No Wrong Door's duties under this Contract. Accordingly, No Wrong Door shall be responsible for payment of all federal, state and local taxes as well as. business license fees arising out of No Wrong Door’s activities in accordance with this Agreement. For purposes of this Agreement taxes shall include, but not be limited to, Federal and State Income, Social Security and Unemployment Insurance taxes. Neither the County, Sheriff nor Town shall have any authority hereunder to direct and/or control how No Wrong Door performs such services other than to require that they be done in a professional manner and in accordance with the standards of applicable professional organizations and licensing agencies. No Wrong Door, as an independent contractor, shall eause all services to be performed hereunder by its agents or employees in a professional manner and in accordance with the standards of applicable professional organizations and licensing agencies. 10. Licensure/Certi fication, No Wrong Door warrants unto County, Macon County Sheriff, and Town that its agents, and employees who will be providing the services to be provided under this Agreement shall at all times be appropriately licensed and/or certified by the State of North Carolina to perform the same and No Wrong Door will provide the County andor Town proof of licensure/eertification of its agents and employees to perform the services to be provided hereunder in the State of North Carolina, and shall immediately notify County and Macon County Sheriff of any change in status of said licenses/certifications and/or any grievance andlor claims filed against said the holder of such license/certification, 11. Insurance. {€S: 073887. DOCX yNo Wrong Door shall maintain the following minimum insurance coverage in connection with the above stated insurance obligation: Professional Liability Coverage - $1,000,000 per occurrence and $3,000,000 aggregate, assuming a claims made coverage form. No Wrong Door acknowledges that it may be exposed to information concerning County the Macon County Sheriff and the Macon County Detention Center. “Confidential Information” means all information that is not generally known to the public and which County, the Macon County Sheriff'and/or the Macon County Detention Center (to the extent County, the Macon County Sheriff and/or the Macon County Detention Center owes a duty of confidence to such other person) has rights, which information is marked confidential, restricted or proprietary by the Detention Center, or which, under all the circumstances and/or applicable law and/or regulations, ought reasonably to be treated as confidential and/or proprietary, including without limitation, data concerning detainees receiving services hereunder, lists of detainees receiving services hereunder, business records, marketing materials and financial information, During the Term of the Contract and for so long thereafter as any Confidential Information may remain confidential, secret or otherwise wholly or partly protectable, No Wrong Door shall not disclose or use for its benefit or the benefit of others, or to allow others to do so, any Confidential Information unless authorized in writing by County and any other person having tights in same. Nothing in this Contract shall limit the ability of No Wrong Door in possession of the Confidential Information to disclose such Confidential Information, and No Wrong Door shall have no liability for such disclosure, if such disclosure is (i) required to be made pursuant to law or regulation, government authority, duly authorized court order, whereupon No Wrong Door will provide prompt notice to County, and give County an opportunity to respond prior to such disclosure; (ii) required to be made toa court or other tribunal in connection with the enforcement of No Wrong Door’s rights under this Agreement or (iii) is approved by the prior written consent of County No Wrong Door shall abide by County policies and procedures and rules and regulations and any applicable laws, rules and regulations promulgated by the state and federal government, including, without limitation, the requirements of the Health Insurance Portability and Accountability Actof 1996 (“HIPAA”) and its implementing regulations found at 45 C.F.R. Parts 160 and 164. 13. Successors and Assigns, No Wrong Door may not assign its interest in this Agreement without the written consent of County, Macon County Sheriff, and Town. No Wrong Door has no authority to enter into contracts on behalf of County, the Macon County Sheriff and/or the Macon County Detention Center, or the Town. 14. Notices. All notices which may be required by this Ageeement or any rule of law shall be effective when received by certified mail to the following addresses: 1€S: O03887.DOCX }MACON COUNTY SHERIFF: Robert Holland 1820 Lakeside Drive Franklin, NC 28734; and 5.5 EET a MACON COUNTY MANAGER: Derek Roland 5 West Main Street Franklin, NC 28734 Town: TOWN MANAGER: Summer Woodard P.O. Box 1479 Franklin, NC 28744 No Wrong Door: 100 Thomas Heights Road Franklin, NC 28734 15, Audit Rights, For all Services being provided hereunder, County, Macon County Sheriff and Town shall have the right to inspect, reexamine and make copies of any and all books, accounts, invoices, records and other writing of No Wrong Door relating to the performance of the Services. Audits shall take place at times and locations upon reasonable notice by County or Town. Notwithstanding the foregoing, No Wrong Door must make the materials to be audited available withing one (1) week of the request for them. No Wrong Dooragreesto take necessary steps forcorrective action, as negotiated within a corrective action plan, for any items found to be out of compliance with Federal and/or State laws, regulations, standards and/or the terms of this Agreement. No Wrong Door agrees to turn over to County all documents relevant to services delivered at the end of the Agreement period, if no further Agreement is negotiated. In the event No Wrong Door dissolves or otherwise goes out of existence prior to the end of the contracted period, all documents produced relevant to services delivered shall be delivered to the County immediately. No Wrong Door is required to provide to the County data about individual clients for research and study. The laws of the State of North Carolina and the United States of America shall be followed in the provision of this data. 16. Compliance with Laws, No Wrong Door represents and warrants that itis, and shall be at all times during the tem of this Agreement, in compliance with all Federal, State, and local laws, regulations or orders, as 48-0738 DOC}amended or supplemented. The implementation of this Agreement shall be carried out in strict compliance with all Federal, State and local laws. 17. Business Associate Agreement County, Macon County Sheriff, Town and No Wrong Door shall simultaneously with the ———exeumtionr of this Agreement enter into Business Associate Agreement in the fornrattached = as Exhibit 1. 18. Joinder by Macon County Sheri ‘The Macon County Sheriff has joined in the entry and execution of this Agreement to signify his agreement to the terms of the same and approval of the same and all parties hereto specifically agree that the Macon County SherifY is an additional intended beneficiary of this Agreement. [SIGNATURES APPEAR ON THE FOLLOWING PAGE.] C5: 00073887 DOCXMACON COUNTY BY:. Macon County Manager, Derek Roland MACON COUNTY IERIF! yy Robert Holland, Macon County Sheriff TOWN OF FRANKLIN BY: Town Manager, Summer Woodard NO WRONG DOOR FOR SUPPORT AND. RECOVERY INC. BY: President {€8: 0007387, DOC 4 This instrument has been preaudited in the manner required by the LocalGovernment Budget and-Fiseal Controt-Act-——| (Signature of County Finanee Officer) This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. (Signature of Town Finance Officer)Agenda Item — Town Council Meeting Date: January 4, 2021 Agenda Item #: 6 (A) Department/Agency: Administration and Legal Subject Matter: Discussion on Early Retirement for Law Enforcement Officers. ‘Town Attorney John Henning Jr. and Human Resource Director Travis Tallent. Department Head's Comments/Recommendation: N/A ‘Town Manager's Comments/Recommendation: Consideration Suggested Motion: If (favorable) Town Attorney will provide wording. Attachments: Yes _X No __ Action Taken: iSection 23. LEO Buy-Out ‘When funds are available, at the sole discretion of the Town Council aw enforcement officers may be offered an early separation buyout pursuant to G.S. 143-166.43 or other applicable law. The Town Manager shall design an annual process for eligible employees to provide a one-time payout equal to the annual salary of an employee with 25 years or more of employment. This amount will be determined and allotted based on Council approval during the budget process. If proper notice isnot received then it may not be approved. Funds must be budgeted by the Town Council Employees who are eligible for this stipulation will also be eligible for Town of Franklin health insurance coverage for employee(individual) only until he/she reaches the age of Medicare eligibility at 65 or becomes covered under another plan at which time that employee/individual is required to inform town staff of such coverage and town health insurance coverage will cease.Agenda Item — Town Council Meeting Date: January 4, 2021 Agenda Item #: 6 (B) Department/Ageney: Legal Subject Matter: Discussion on Parades and Demonstrations Ordinance. Town Attorney John Henning Jr. will present this item. Department Head's Comments/Recommendation: N/A ‘Town Manager's Comments/Recommendation: Consideration Suggested Motion: If (favorable) Town Attorney will provide wording. Attachments: Yes_X_ No__ Action Taken: ease eeePARADES AND DEMONSTRATIONS § 95.55 DEFINITIONS. For the purpose ofthis chapter the following definitions shall apply unless the context clearly indicates or requires a diferent meaning. BLOCK. That portion of any street lying between its intersections with other streets GROUP DEMONSTRATION, Any-assembly together orconcertotactionbetween ord, public display of sentiment for or againsta person or cause, including proesting.among ‘two or more persons, forthe purpose of protesting any matierorof making known-any postion or promotion ofthe persons, or of ron bebalcofany-organizationordlassof ‘persons oF forthe purpose-ofaitracting atention-ofthe assembly. PARADE. Any assemblage of two oF more persons participating n or operating any vehicle inany march, ceremony, show, exhibition or procession of any kind in or upon the public streets, sidewalks, alleys, parks, or other public grounds or places. PERSON, Any person, frm, corporation, partnership, association, or other organization, whether formal or informal. PICKETLINE, Any two or more persons formed together for the purpose of making known any position or promotion ofthe persons, or on behalf of any organization or class of persons SOCIAL EVENI/FESTIVAL An outdoor concert fait. community event. or similar event ‘thatis primarily cultural, commercial and/or recreational in nature, (76 Coil. § 62021) (Ord. passed 12-6-76) §95.56 PERMIT REQUIRED. | Itshall be unlawful for any person to obstruct. or block : any street, sidewalk, alley, ‘other public place within the town fora parade. picket lin, or group demonstration unless. ‘permit therefor has been issued by the town in accordance with the provisions ofthis chapter| _[eammanted ALF marcas ay neva ond hopes pede sate tat ‘SSreuty poeta een witout permit Froyol ager th provson eine eth ‘Shear nd Damonsaten ranean ot Chyofurewon fe Faa203 (ce 2009 hldegs Costes sacl ein en ec fet eve forasal ering exception its erik emma ALD Tony IDG Cr fringe’ there upta tonnage. n Fiabequeat ene erat Gne/bolgh s23F 3295 {ci on) at Greta Rae's poi. ‘Scene tater that r fomer than 0 people. (76 Cove, § 6-202) (Ord. passed 12-6-76) Penalty, see § 95.99 595.57 REQUIREMENTS AND ISSUANCE OF PERMITS. (ex rersms0000)‘The Chief ofPoice or his designee is authorized to issue permits as required in the preceding section, and in the issuance thereof he shal: {A)_ Requirea written application for permitto be filed not less than 24-howes4 hours in advance ofthe parade, picket line, or group demonstration. Notwithstanding the preceding sentence, the Chief shall consider an application that is filed ess than 48 hows before the commencement ofthe proposed event where the purpose of sucheventisa spontaneous sponse to an unforeseeable and immediate event. {{2)__The application shal be on a form prescribed by the Chief, shall require the pplication tobe signed by the applicant or applicants, shall require that the aplicant Show the proposed time, plac, purpose and size ofthe parade, picket line, or group demonstration and whether oF not any minors below the age of 18 years shall participate; alleys-orsidewalls: (©) Specify inthe pecmit whether or not minors below the age of 18 years will be permitted to partcipateThe-Chiet-shal passupon-whether or not theminersmay ‘Participate-and shall base his determination upon-whether oF not the purpose-orimeor piace ofthe particular activity wil be detrimentalte-or endanger the-health-safetyor ‘wellare-or the minors or wil interZerewith their education, {D) Require thatthe application for a permit shall specify and the permit shall designate the person or persons in charge ofthe activity. The person shal be required to accompany the parade, picket line, or group demonstration and shall carry the permit with him at that time. The permit shall ot be valid inthe possession of any other person; (E) ‘The permit may set the starting time, duration, speed of travel, and space between ‘persons or vehicles in the parade, picket line, or group demonstration, may prescribe the portions or areas of streets alleys, sidewalks, or other public places to be sed; and may Impose other reasonable requirements as the Chief may prescribe forthe contro and free movernent of pedestrian or vehicular traffic or for the health, safety, and property rights of ‘the partiipants and the general public. (F)_ Among other considerations, consider and find asa requisite to issuance the following (1) The activity will not require excessive diversion of police from other necessary duties; (2). The activity will not interfere withthe ight of property owners inthe area to enjoy peaceful and lawful occupancy and use oftheir property (3) The activity can be conducted without unreasonable interference with normal pedestrian or vehicular traffic in the area, and will not prevent normal police an fire protection to the public, and will nat be likely to cause injury to persons or property or to provoke disorderly conductor to create a public disturbance (76 Coule,§ 62023) (Ord. passed 12-6-76) {995.58 CERTAIN ACTIVITIES PROHIBITED.‘The following acts or activities, when performed or undertaken in conjunction with ors ‘apartof any parade picket line, oF group demonstration, are hereby prohibited and declared uniawful (A). The carrying on or about the person any firearm, or any weapon or article, including but not limited to blackjack nightsticks, or Mashlights which by their use might constitute deadly weapon; (G) The taking or keeping of any dog or other vicious animal, whether leashed or unleashed (76 Code, § 6.2024) (Ord. passed 12-6-76) Penalty, see§ 95.99 § 95.59 DENIAL OR REVOCATION OF PERMIT ‘The Chiefof Police shall deny any permit fora parade, picket lin or group demonstration forany ofthe following causes: (©__Itshe applicant's proposed activities would be unlawful endanger the health and safety of surrounding persons, significantly inhibit pedestrian and vehicular trafic or ‘deprive the municipality of critical services that could note supplied through other means, ‘The Chief of Police shall revoke any permit granted fora parade, picket line, or group demonstration for any ofthe following causes: (A) Theviolation by any participant of § 9558 ofthis chapter (B) ‘The ailure to comply withthe terms and conditions of the permit. (76 Code, § 6-2025) (Ord. passed 12-6-76) 595.60 INTERFERENCE PROHIBITED, [No person shall hamper, obstruct, impede, or interfere with any parade picket line, ot group demonstration being conducted under authority ofa permit duly issued by the Chief of Police ‘Lmore than one group of paraders or demonstrators desires ta parade or demonstrateat ‘thesametimeat or near the same location, law enforcement oficers may. without regard tothe purpose or content ofthe message.assign each group a place to parade or demonstrate to preserve the public peace. Members ofa group shallaotenteranarea assigned to another group. Priority ofocation shall be based upon which group of paradersor demonstrators applied fora permit first. (76.Code,§ 6-2026) (Ord. passed 12-6-76] Penalty, see§ 95.99 §95.61 ADDITIONAL REGULATIONS APPLICABLE TO PICKETING. esooore pon)Picket linesand picketing shal be subject tothe following addtional regulations: (A), Pickting may be conducted only onthe sidewalks reserved for pedestrian ‘movement and may not be conducted onthe portion ofa street used primarily for vehicula tate: (8) Notmore than ten pickets prometing the same objective salle permited to use either ofthe two sidewalks within single block at any one time {(€). Picketsmay carry written o printed placards or signs not exceeding 2fetin width anid 2eetin length promoting he objective for which the picketings done; provided the ‘words used are not derogatory obscene by revaling community standardser defamatory immature orusedtaincite violence: {(D) Pickets must march in single fle and not abreast and must not march closer together than 15 fet except inpassingone anaher. Pickets shall not be allowed to walk more than 5 Tet from the cub line and shall be in continuous motion: and (Ef pickets promoting diferent objectives desire to use the same sidewalk for picketingand the use would resilt in the presence of more than 10 pickets thereon the {hie oF Police shall allot time to each group of pickets forthe us ofthe sidewalk on an equitable basis. (76 Code, § 6-2027) (Ord passed 126-76) § 95.62 EXCEPTIONS. Sections §§ 95.55 -95.61 shall not apply to: (A) Funeral processions; (B) Any governmental agency acting within the scope ofits functions; (C) Students going to or from school classes or participating in educational or recreational activity where the activity is under the supervision and direction of proper school authorities, valid permission from the County. (76 Cove, § 62028) (Ord. passed 12-6-76) (esvoorsnoayAgenda Item — Town Council Meeting Date: January 4, 2021 Agenda Item #: 7 (A) Department/Ageney: Town Council Subject Matter: Discussion on Strategic Planning Meeting. Town Manager Summer Woodard will present this item. Department Head's Comments/Recommendation: N/A ‘Town Manager's Comments/Recommendation: Consideration Suggested Motion: If (favorable) set a date and time for annual strategic planning meeting. Attachments: Yes __ No_X Action Taken:Monthly ReportsFranklin Police Department 218 W. Palmer St. Franklin, NC 28734 Phone: 828.524.2864 Fax: 828.524.2495 Established 1855. Bill Harrell, JA, “Summer Woodarel Ghief of Potice Town Manager Departmental Report ‘The Police Department responded to 1127 calls from December 1, 2020 until December 29, 2020 Reports Filed Accident 62 Arrest 19 Incident / investigation 44 Enforcement Actions Arrest 19 Citations 34 Criminal Papers Obtained 8 Warning Citations 34Franklin Fire & Rescue Frankin, NC This report was generated on 12/28/2020 4:53:42 PM Incident Type Count per Station for Date Range Start Date: 12/01/2020 | End Date: 12/31/2020, ‘Station: 11 - FRANKLIN FIRE-RESCUE T14- Grimey or fue fre, confined to chimney oF fue 2 180 - Mobile property (vehicle) fre, other 7 131 - Passongor vehicle fre 4 151 - Ouiside rubbish, trash or waste fire 1 | 311 - Medical assist, assist EMS crow 0 | 320 - Emergency medical sevice, cher 5 321 - EMS call, excluding vehicle accident with Injury 26 ‘322.- Motor vehicle accident with injures ‘324 Motor vehicle accident with no injures. ‘362 - Extrication of victim(s) from vehicle L 440 - Electrical wiringlequipment probiem, other “441 - Heat from shor circuit (wiring), defectivelworn “442 - Overheated motor [ “444 - Power ine down 500 - Service Gall, other B11 = Lockout ‘522 - Water or sieam loak 551 ~ Assist police or other governmental agency 1563 - Public service ‘554 ~ Assist invalid {600 - Good inient call other {611 - Dispatched & cancelled en route 631 = Authorized controlled burning "700 = False alarm or false call, other 735 -Alaim system sounded due to malfunction "745 - Alarm system activation, no fe - unintentional 748 - Carbon monoxide detector activation, no CO # Incidents for 11 - Franklin Fire-Rescu B) [0] ==] =| en ]=) |) =|)o]=]-|=|=|-|~) © ‘Only REVIEWED incidents included. @)zsese ‘emergnsyepering com Doct 887 Pago oftTTOWN OF FRANKLIN Post Office Box 1479 Franklin, North Carolina 28744 (828) 524-2516 Public Works November 2020 Monthly Report November 30, 2020 - December 27, 2020 Service Calls December — November wo Begin Suspend Service a 4 3B Billing Re-Read 2 6 59 Brush Pick Up 3 2 44 Connect un R 146 Data Profile 0 4 42 Disconnect 8 B 7 Disconnected/Delinquent Accounts 0 5 44 End Suspend Service 0 14 Leaf Pick Up 2 0 15 Leak Check 20 40 231 Mailing Address Change 1 8 59 Meter Swap/Exchange : 0 56 Miscellaneous/Customer Request 2B 49 394 Meter Box/Lid Repair 0 ° uu Occupant Change 26 33 367 Re-Read Customer Request 1 0 1 Service Action 0 0 26 Total 99) 17 1619 One Calls for 811 52 235 903 Animal Pick up 0 0 0 Total 151 312 2522TOWN OF FRANKLIN Post Office Box 1479 Franklin, North Carolina 28744 (828) 524-2516 Water Installed New %4" Tap in Heritage Hollow. Installed New %" Tap on Riverview Street. Repaired Water Leak on Chestnut Ridge. Repaired Water Leak on Maclor Forest Heights Road. Repaired Water Leak at Franklin Tubular Products. Sewer Cleaned 6,405 ft. of Sewer Lines. Year to Date - Cleaned 32,169 ft. of Sewer Lines. Installed New 4” Tap for Smart Pharmacy. NC DEQ Sewer Plant and Collection System Inspection. Flow Meter Testing at East Franklin and Riverview Pump Stations. Streets Swept 86 miles of Town Streets. Replaced 3- Stop, 1- 25mph, 1 - Stop Ahead, and 2 - 4 Way Stop Signs. Setup 2 Plow and Salt Trucks. Plowed Snow and Salted all Town Streets. NC DOT and Duke Power ROB's Street Light Plan Review. Respectfully submitted, Sa ee Nathanael Moore Public Works DirectorTOWN OF FRANKLIN Post Office Box 1479 Franklin, North Carolina 28744 (828) 524, ‘To: Summer Woodard and Town Council From: Nina Dykes Re: Utility Adjustments — December 2020 LEAK ADJUSTMENTS None RETURNED CHECKS 12/04/20 — Adjustment to Account 11-000227-00 for $181.00 12/15/20 — Adjustment to Account 44-002580-01 for $50.00 12/23/20 — Adjustment to Account 21-002630-02 for $142.58 12/23/20 — Adjustment to Account 60-001700-17 for $37.78 12/23/20 — Adjustment to Account 21-003660-00 for $63.06 12/23/20 — Adjustment to Account 30-001640-08 for $40.15 CONTRACT AGREEMENTS None ‘ADMINISTRATIVE 12/02/20 — Adjustment to Account 42-001460-00 for $72.36 12/04/20 — Adjustment to Account 21-003730-00 for $57.00 12/07/20 — Adjustment to Account 23-001895-00 for $85.14 12/08/20 — Adjustment to Account 21-000900-04 for $16.75 All adjustments were approved by Public Works Director Nathanael Moore. Respectfully submitted, CI Nina DykesTo: Summer Woodard, Town Manager From: Justin Setser, Land Use Administrator Date November 30, 2020 ~ December 29, 2020 Subject: __ Planning Monthly Report ~ December Boards: Town Planning Board/BOA: BOA didn't meet in December. But planning board met on Dec 21" 0 approve their 2021 meeting schedules. They also began the review process of the 160D UDO text amendment updates. They didn't adjourn their meeting but continued wail the Jan 11 2021 at 4 p.m. to continue reviewing the eamendment County Planning Board: The county planning board didn’t met in December Code Enforcement: Land Development Permits: (2) permits were issued and (1) flood permit was issued. Sign Ordinance: (1) Sign permit was issued. Minimum Housing: Still waiting on the owner of 18 Wilkie St to comply with superior court order to remove structure at 18 Wilkie ST. Nuisance Ordinance: N/A Other: Town Planner attend the ordinance review committee on Monday December 7, 2020. ‘Town Planner attended the Nikwasi Initiatives special strategic planning session on December 18", 2020 via zoom. Justin Setser, CZO Town Planner / Land Use Administratory Y Memo ’ ; a Sima From: Finance Office ; ar oer ae Re: Monthly Department Report A Report for December 2020 Finance is preparing for end of year processing of W-2's and 1099's, Preparing for ACA reporting information to be submitted to our contractor when requested, we will be providing necessary updates to them as we approach year end deadines. Finance Officer attended NCGFOA Virtual Finance Officer's Conference and NCCMT Virtual meeting this month for LGC updates and economic updates. 4 Working wth Cavanaugh Macdonald Consulting o prepare OPEB valuation in order to complete GASB 75 report, Working with Town Attorney and Lender in order to move forward with closing on Fre Substation Financing 4 Altached are Budget Reports for an overall view of Revenues and Expenditures for General, Fire and Water & Sewer Funds at this time. Sarah R, Bishop Town of Franklin Finance Officer 828-524-2516 Ext. 304yeroa uodoy ‘e701 waMaS ONY ¥aLvAN-09:PUNS ‘revo aud ~8z puns Ye04 aNNa T4aN39- OT PUN Searso sresr'ess’z e606 BOUevERL —_—GETON'ESO'Y —_oTSS'ERe'e ‘avso reer ane 25 966 aoeereee GE T99"ES0'Y OOTSS'sRG'e ‘ress _sswzo'sts _wwsev'd_spzscore __evsaa'e __—sotav'ese ov sertse ‘errs sswa0'sty _wvser' spusceee_ersesos _wwr9rese _cOSer Tse wor1s _seoor'ou't __vetas'se _ceorwor't _ewaiv'tez __sests'szs'y _ovseve'y wort sts0rec’t _vetava ceecwocc1 evacetex _aesis oes cose TLE? ssouesatinous Ay dayne Spmayera, —radpng oy ems pouea aun rewtuo ozoz/re/2t :6uipus pouss 12 Auewuuns dnosg oday yaspng 72-0202 sIe2siy 105 ON ‘upruess uses amas anv uaiva-09:pung aeuacs saad az puns ‘onns waana9-or:punsDate: December 29, 2020 ‘To: Summer Woodard From: Sabrina Sc es Re: December 2020 Tax Report As of 12/29/2020 a total of $1,384,056.00 has been collected for 2020 tax bills, ‘We have two releases this month, Please let me know if you have any questions. Respectfully submitted, my eo Sabrina Scruggs