“Town of Franklin Counc! fo Order- Mayor Bob Ssot Pledge of Alleglance- Vice Mayor Bsbara Meas Adoption of the larch 2, 2020 Town Council Agen Town Coan Approval of the Consent Agenda for Mateh 2, 2020- Town Council |A. Approval of February 3, February 2 and February 22,2020 Tse Coun Minutes 5.) Budget Amend .) Special Use Permit Extension fr Verbena Development 1.) Se Public Hein fr Land Use Comprehensive Plan Auli Conract with Satin Stars foe FY 19-20 FF) Waterand Sewer Alloeation for 4801 Highway 41 By. Pas, Franklin, NC Public Sesion New Business: A.) Street Closing Request for 80's Flashback Event and Pare- Dae Lina 3.) Appointment of Chale Pinksto tothe Franklin Fite and Rescue Relief Fund Board- Town Manager Summ Woodard (C2 Budget Amendnent fr Franklin Fite Department Town Managcr Sumer Woodard & Fite Chie Mat Breedlove Proposed But Calendar and Work Sessions fo Fiscal Year 2020-2021 Town Budget Town Manager Sumer Woodard .) Appointment of Town Lisions Town Manager Summer Woodard FF) Sewer Line Acces for Allman Drive: Council Member vid Culpepyst [A) Update on 41 South Sidewalks fom Wie Hovion to Tractor Supply: Town Managsr Summct Woodard and Town Arey Jon Henning Je 18) Discusion on Subst John Henning Je. nce Abuse Parnersip with Mason Covney- Town Manager Summer Woodard and Town Atornsy (€) Disussion on Outdoor Seating Aveas- Town Attn Jon Henning A) Publi Input fo the Town of Franklin Comp Plan wil be Wednesday March, 2020 at $00 pam, at Tartan Hall 'B) Ratiement Ceremony for Detective Tracy Chastain Thursday Mach 19,2020 fom 12:00pm. 0200 pm, To Hall AdjournAgenda Item — Town Council Meeting Date? March 2, 2020 Agenda Item #: 4 (A) Department/Ageney: Town Council Subject Matter: Approval of February 3, February 21 and February 22, 2020 Town. Council minutes, Department Head's Comments/Recommendation: N/A ‘Town Manager's Comments/Recommendation: Approval Suggested Motion: If (favorable) approve minutes as presented Attachments: Yes _X. No Action Taken: ee eeeb tA February 3, 2020 meeting, ‘The regular meeting of the Franklin Town Council was held on Monday February 3, 2020 at 6 p.m. in the Town Hall Board Room. Mayor Robert S, Scott presided. Vice Mayor Barbara McRae and council members Joe Collins, David Culpepper, Jack Horton, and Dinah Mashburn were present. Mike Lewis was absent. ‘The Pledge of Allegiance was led by Vice Mayor McRae. Motion was made by McRae, seconded by Mashburn to excuse Council Member Mike Lewis from the meeting, Motion carried. Vote: 5 to 0. Adoption of the February 3, 2020 Town Council Agenda Council Member Mashburn said she would like to add discussion of funding for a position at No Wrong, Door as item 7(C).. Council Member Culpepper said that he would like to pull 4(0) from the Consent Agenda and add it under Legal as item (C) ‘Motion was made by Horton, McRae to approve the Town Council Agenda as amended. Motion carried. Vote: 5 to 0. ‘Approval of the Consent Agenda for February 3, 2020 ‘Council Member Mashburn pointed out that a date needed corrected on the January 6, 2020 minutes. ‘A) Approval of the January 6, 2019 Town Council Minutes B,) Street Closing Request for 2020 C.) Water and Sewer Allocation for Scenic Ridge Development Project Motion was made by Horton, seconded by McRae to approve the agenda as amended. Motion carried. Vote: 5 to 0. Public Session Dave Linn had a street closing request for the Braveheart 5K. Roland Mock talked about an alcohol permit issue. ‘Alan and Hannah Edwards talked about a North Carolina statute concerning alcohol sales. Diana Thomas talked about the homeless population,DRA i n from Altered Frequencies for Franklin Festivals and Events February 3, 2020 meeting continued, New Business: Presenta! Jimbo Ledford spoke to the Town Council about looking at the Whitmire Property to evaluate possibiltes of uses in the future. He discussed potentially opening up for small campsites or event rentals. Council Member Culpepper said he did not have an issue with Jimbo checking on the feasibility of the property. Town Attorney John Henning Jr. said that there would be no issue with letting him do that legally and that Town Manager Summer Woodard could handle allowing him to do so and any restrictions that needed to be imposed if issues came up. Council Member Mashburn said that if the board lets him do it then they will have to let anybody who asks.in the future do the same. Council Member Collins said that he could do it regardless but at least he had the respect to ask the Town Council for permission, He said he did not have a problem with it Council Member Horton said that he thought the attorney's response was appropriate. irected Woodard to allow Ledford to view the property and to manage the issue. The Town Counci New Business: Purchase Contract for Property Located at 311 Clyde Street Henning Jr. told the board that the contract for the purchase of the property at 311 Clyde Street was agreed to by Town Administration and the property owner for the tax value of the property. The property adjoins Town property where the water take currently sits, Council Member Horton pointed out that funds from water and sewer would be used to make the purchase, Motion was made by Collins, seconded by Culpepper to purchase the 311 Clyde Street property for $26,660 from retained earnings. Motion carried. Vote 5 to 0. New Business: Pu Contract for Property Located at 196 West Palmer Street Henning Jr. told the Town Council that he had a letter from the Environmental Protection Agency that declared the property clear of any concerns. The only restriction is that a well cannot be placed on the property, He said that the agreed upon price would be $180,000. Council Member Collins said that he did not think that the property was worth what the Town was going to pay for it but that the Town has a unique need for the property considering the location in conjunction with the Fire Department and Police Department.February 3, 2020 meeting continued, Member Culpepper said he did not think it was worth spending $180,000 on. Coun Motion was made by McRae, seconded by Mashburn to purchase the property located at 196 West Palmer Street for $180,000 from general fund balance. Motion carried. Vote: 4 to 1. Culpepper opposed. New Business: Update on Town of Franklin Comprehensive Land Use Plan Land Use Administrator Justin Setser told the board that a draft of the plan would be available on the website for review and that the next step is for Planning Board to begin reviewing the plan. New Business: Update on Minimum Housing Complaint at 18 Wilkie Street Setser presented this item. He said the house on the corner of Wilkie and Old Murphy Road had not adequately responded to the process requiring the owner to fix various issues at the home to meet the Minimum Housing Code. He said the next step would involve the attorney to force the issue in the court system. Henning Jr. presented a draft resolution to authorize himself to file suit that could lead a court issuing an order of demolition of the home. He said the property owner could still bring the home up to code during the proceedings, ‘Motion was made by Collins, seconded by McRae to approve the resolution as presented. Motion carried. Vote: 5 to 0. non Speed Limit Reduction Re long Belle View Park Road New Business: Discus ‘Town Manager Summer Woodard presented a request from a resident of the road to request NCDOT to lower the speed limit in the area. ‘Town Council directed staff to make the request to NCDOT to reduce the speed limit to 25 miles per hour. n on Proposals for NCDOT Utility Project R-5734B New Business: Discus Henning Jr. presented this item concerning the widening of 441 South towards Wide Horizon, NCDOT has a program to relocate existing water and sewer facilities out of the way of thelr expansion and they reimburse the costs. After an RFQ process was completed, Wither-Ravenel's proposal was chosen. ‘Woodard said that the opportunity will allow the Town's own engineering group to direct the project to the Towns preferences while NCDOT pays the costs. Motion was made by Culpepper, seconded by McRae to award the proposed engineering services to Withers-Ravenel and to approve the contract as proposed to be paid from retained earnings. Motion carried, Vote: 5 to 0.DRAFT February 3, 2020 meeting continued, New Business: Discussion on Interim Police Chief Appointment Woodard presented Franklin Police Captain Danny Bates as Interim Police Chief. Bates will serve as Interim Chief until a full-time Chief is hired. ‘New Business: Discussion on Strategic Planning Session Woodard presented this item. ‘The Town Council directed Woodard to handle arrangements to have a Strategic Planning Session on the evening of February 21 and the morning of February 22, 2020. Legal: Discussion on Data Breach Policy Henning Jr. presented this item. Motion was made by Culpepper, second by McRae to adopt the Data Breach Policy as presented. Motion carried, Vote: 5 to 0. Policy is attached. Legal: Amendment to Dental Amalgam Implementation Policy Woodard presented this item. Motion was made by Culpepper, seconded by Mashburn to approve resolution for release and conveyance of NCDOT property. Motion carried. Vote: 5 to 0. Legal: Discussion on No Wrong Door's Substance Abuse Position Woodard said that Macon County is looking at a partnership opportunity with the Town of Franklin for a Substance Abuse position at No Wrong Door. The presentation may take place at the March meeting. Legal: Legal Dismissal of 18-CVS-642 Town of Franklin vs Houston Property and Release of Attorne! ient Memo, Henning Jr. said that the property in question has been brought up to the minimum housing requirements and that he would be moving to dismiss the charge with prejudice. Council Member Collins said that he would rather it be dismissed without prejudice. Council Member Culpepper agreed and said he felt certain that it would come back up again. Motion was made by Horton, seconded by Collins to direct Henning Jr. to move to dismiss case 18- CVS-642 Town of Franklin vs Houston Property without prejudice. Motion carried. Vote: 5 to 0.bi tA February 3, 2020 meeting continued, Adjournment Motion made by Mashburn, seconded by Culpepper to adjourn the Town Council meeting at 7:50 p.m. Motion carried. Vote: 5 to 0. Robert S. Scott, Mayor Travis Tallent, Town ClerkORArY ‘The Franklin Town Council held a special called retreat on Friday February 21, 2020 at 5:30 p.m. at Oak Hill Bed and Breakfast. Mayor Robert S. Scott presided. Vice Mayor Barbara McRae, Council Members Joe Collins, David Culpepper, Jack Horton, Mike Lewis, and Dinah Mashburn were present. February 21, 2020 meeting, ‘Town Staff present were Interim Police Chief Danny Bates and Town Manager Summer Woodard, No action was taken. ‘Meeting did not adjourn since Board would reconvene on February 22, 2020. Robert S. Scott, Mayor Travis Tallent, Town ClerkDRAFT ‘The Franklin Town Council held a special called retreat on Saturday February 22, 2020 at 9:00 a.m. at ‘Town Hall Board Room. Mayor Robert S. Scott presided. Vice Mayor Barbara McRae, Council Members Joe Collins, David Culpepper, Jack Horton, Mike Lewis, and Dinah Mashburn were present. February 22, 2020 meeting, ‘Town Staff present were, Interim Police Chief Danny Bates, Accounting Technician Sarah Bishop, ‘Assistant Fire Chief Tim Chavis, Town Attorney John Henning Jr., Town Planner Justin Setser, Town Clerk Travis Tallent, Streets Crew Leader Chris Waldroop, and Town Manager Summer Wooodard. Introduction of Facilitator Mr. Russ Harris Russ Harris from Region A of the Southwestern Commission introduced himself as the facilitator of the Town's retreat. Discussion on Town Liaisons ‘Town Attorney John Henning Jr. read NC statutes that describes open meetings law and said that two members or more assigned to a department committee would meet requirements for Open Meetings laws. Mayor Scott said the Town Board got rid of committees in 2013 because there wasn’t a need for them in ‘a manager form of government. Council Member Culpepper said that he would like to see a liaison to appointed boards like Planning, Board, ABC Board, TDA, etc, Harris said that he sensed that some board members wanted to be more involved with departments but cautioned against being involved in day to day operations with staff. Council Member Mashburn said that appointed boards are a different issue than departments. She said she asked Freyda Bluestein from the UNC School of Government about department committees and Bluestein seemed confused why it was necessary in a Manager form of government. Henning Jr. said that he wasn't dissuading committees for departments if that was what was wanted but that the Open Meetings Law needs to be followed and that he would suggest the committees to meet with the Manager who would then deem the necessary staff to be present for the meeting if that was the direction taken Vice Mayor McRae said that she thought committees would be more beneficial towards projects like sidewalk projects or water and sewer projects, but not in day-to-day operations. Council Member Horton said that there was no need to go back to the way it was before there was a Manager form of government. He said he could see a benefit in having a liaison to appointed boards for informational purposes or to serve as a go between for the boards and Town CouncilDRAFT Council Member Lewis said that he could see where a liaison would benefit the departments. He said that person would have inside knowledge and acknowledged that employees will call council members regardless. February 22, 2020 meeting continued, ‘Town Manager Summer Woodard said that having a liaison has been beneficial and that having somebody to consider ideas with helps with projects. Harris said he thought that was a benefit and again cautioned any actions of the board members that would circumvent the professional staff. Council Member Collins said he thought there was a consensus to have a liaison or committee to work through the Town Manager. He said one liaison to police and one to fire made sense, but that two may be necessary to water/sewer and streets, Vice Mayor McRae said that it could turn into a lot of commitments, Council Member Horton said that if what we are doing now is working and benefits the Town Manager then he didn’t see a need to change it. Interim Chief Bates said that he supported having a liaison to bounce ideas off of but knew that Woodard is the boss. ute a list of departments and current needs to liaisons for the Woodard said that she would distrit March meeting for appointments to be made. Council Member Horton said he thought that was a good idea since it seems to be working well. Woodard and Land Use Administrator Justin Setser also explained how liaisons to appointed boards would work. Woodard said she thought that would be a welcomed change. iscussion Town Appointments inten Council Member Culpepper said that he would like to see reappointments to boards advertised instead of automatically reappointing current board members. Henning Jr. said that would be okay but there would be times that it would be very important to consider the current board members’ backgrounds and experience, Council Member Collins said that the Planning Board and the ABC Board are different. Planning has 7 members whereas ABC only has 3. Council Member Mashburn said that she didn’t like that ABC doesn’t have term limits. Council Member Horton asked if the Town Council is required to take a board's recommendation for reappointment.DRAFT February 22, 2020 meeting continued, Mayor Scott said no. Woodard said she thought a good starting point may come with liaison appointments and then they could provide feedback about the process. She said it may be better than overwhelming the boards with both changes at once. Council Member Collins said that he thinks the board agrees that they do not want to blindly reappoint board members. He asked about term limits for the ABC Board. Henning Jr. said that there are statutory regulations about ABC Boards but that the Town Council can manage the boards however they deem fit. He said he could begin to work on some options. Neighborhood Discussion on Redevelopment Authori Vice Mayor McRae discussed the Redevelopment Authority and NC Neighborhood Revitalization Program. She said the Lyman Fields neighborhood may benefit from the program. ity which would allow the Board Harris said that the Town could declare itself a Redevelopment Auth redevelopment opportunities that it doesn’t currently have. Henning Jr. said that he thought it would be something to explore. Woodard suggested that once the Comprehensive Plan is completed that the Planning Board could begin to focus on this program. Memor ortul Ss Council Member Lewis said that he would like the board to consider a multigenerational park at Memorial Park. He presented the board with ideas of various games that could be placed on the option and referred to a skate park request made by local teenagers recently. Council Member Culpepper said that sponsorships could help offset costs. Streets Crew Leader Chris Waldroop said that a lot of the ideas presented could probably be taken care of in house. Council Member Horton asked if there had been any consideration for games at the Town Square, Woodard said she thought that a chess table or something would be good for the area at the Gazebo. Council Member Culpepper said he would like to see more funding for recreation.February 22, 2020 meeting continued, y 7 Items for the Mayor and Counci Mayor Scott said he had gotten complaints about dogs at Pickin’ on the Square. He also said some things for consideration in the upcoming year are: alcohol at events, streets closing requests and costs, the future of the Old Texaco property, substandard housing, the hospital, infrastructure, and possible Town Hall meetings. Council Member Collins said that he was looking forward to sidewalk construction and improved Infrastructure. Council Member Culpepper said the board should be thinking about ideas for forest service land as the forest services is beginning to take surveys on activities in the surrounding forests. Vice Mayor McRae said that she would like to talk to the County about dressing up their courthouse parking area for Arbor Day. Council Member Mashburn reminded the Town Council that there is an opportunity to partner with the county on a substance abuse position. Motion was made by Collins, seconded by Culpepper to adjourn the meeting at 12:20 p.m. Motion carried. Vote: 6 to 0. Robert S. Scott, Mayor Travis Tallent, Town ClerkAgenda Item — Town Council Meeting Date: March 2, 2020 Agenda Item #: 4 (B) Department/Agency? Finance Subject Matter: Budget Amendment. Department Head’s Comments/Recommendation: N/A “omments/Recommendation: Approval ‘Town Manager's Suggested Motion: If (favorable) approve budget amendment as presented. Attachments Yes _X No Action Taken: ZBUDGET AMENDMENT AMENDMENT #_42-/! BUDGET CHANGE # FROM: DEPARTMENT: FIRE EXPLANATION: APPROPRIATE INS SETTLEMENT FDS-FRANKLIN FORD FIRE-RECV 02.18.2020 ACCOUNT DESCRIPTION INCREASE___ DECREASE. 28-3849 INSURANCE SETILEMENTS-FIRE | 8340.00 78-4340-4995 ‘NON-CAPTIAL EQUIPMENT. $340.00 REQUESTED BY DEPARTMENT HEAD. RECOMMENDED BY FINANCE OFFICER APPROVED BY TOWN MANAGER ACTION BY BOARD. APPROVED AND ENTERED ON MINUTES DATED. DATE CLERK ENTERED.Agenda Item — Town Council Meeting Date: March 2, 2020 Agenda Item #: 4 (©) Department/Agency: Land Use Subject Matter: Special Use Permit Extension for Verbena Development. Department Head's Comments/Recommendation: N/A ‘Town Manager's Comments/Recommendation: Approval Suggested Motion: If (favorable) approve special use permit extension for Verbena Development Attachments! Yes_X_ No Action Taken:Summer Woodard From: Justin Setser Sent: Tuesday, February 25, 2020 3:20 PM To: "Summer Woodard’ Subject: FW: Verbena 2019 Town letters - URGENT Justin Setser, CZO Town Planner / Land Use Administrator Town of Franklin P.O. Box 1479 Franklin, NC 28744 (828)524-2516 (828)524-4540 Fax www franklinne.com, “fone does not know to which port one is sailing, no wind is favorable.” From: jim Yamin ‘Sent: Monday, February 24, 2020 4:18 PM To: ‘Justin Setser’ Subject: RE: Verbena 2019 Town letters - URGENT Justin, With this email, ’d like to please request the Town of Franklin extend the SUP for Verbena for an additional 24 months. I'd also lie to please request the Town of Franklin extend the water & sewer allocation for an additional 12 months. Please let me know if can provide any information to support these requests. I certainly very much appreciate the willingness of the Town to consider these requests wihtout me having to appear in person.Thanks, sim Yamin Workforce Homestead Inc. | 1534 Twisted Oak Drive, Chapel Hill NC, 27546 | 828-351-9152 | @workforcehomestead.com From: Justin Setser Sent: Monday, February 24, 2020 3:36 PM Tos ‘jim Yamin’ Subject: RE: Verbena 2019 Town letters - URGENT. $0 1 spoke to Town Attorney John Henning Jr today and he said a simple email stating requesting the Town to extend the SUP for 24 months is we need. You send that to me by Wednesday morning ll get it on the March agenda for Town Council. don’t expect you would need to travel here for the meeting. We will put under the consent agenda, Justin Setser, CZO Town Planner / Land Use Administrator Town of Franklin P.O. Box 1479 Franklin, NC 28744 (828)524-2516 (828)524-4540 Fax. www franklinne.com “if one does not know to which port one is sailing, no wind is favorable.” From: Jim Yamin Sent: Thursday, February 13, 2020 12:00 PM To: ‘Justin Setser’ Subject: RE: Verbena 2019 Town letters - URGENT Checking in on the status of this, Justin, Thanks, sim Yamin Workforce Homestead Inc. | 1534 Twisted Oak Drive, Chapel Hill NC, 27516 | 828-351-9151 | jim@workforcehomestead.comFrom: Justin Setser Sent: Tuesday, January 21, 2020 4:38 PM Tos ‘lim Yamin’ Subject: RE: Verbena 2019 Town letters - URGENT Ihave sent your request on to the Town Manager and Town Attorney. 'll let you know more once | do. Justin Setser, CZO ‘Town Planner / Land Use Administrator Town of Franklin P.O. Box 1479 Franklin, NC 28744 (828)524-2516 (828)524-4540 Fax www. franklinnc,co! “af one does not know to which port one is sailing, no wind is favorable.” From: jim Yamin Sent: Tuesday, January 21, 2020 11:55 AM To: Justin Setser Subject: FW: Verbena 2019 Town letters - URGENT Justin, Following up on our call, please find attached the zoning and W8S allocation letters Ill need to get re-upped for my 2020 Verbena tax credit application. Ill await your word on what I need to do to get them updated going forward. Thanks, sim Yamin Workforce Homestead Inc. | 1534 Twisted Oak Drive, Chapel Hill NC, 27516 | 828-351-9151 | @workforcehomestead.com From: Justin Setser Sent; Wednesday, May 8, 2019 3:04 PMTo: ‘tim Yamin’ Subject: RE: Verbena 2019 Town letters - URGENT ‘Attached is a new compliance letter. Justin Setser, CZO Town Planner / Land Use Administrator Town of Franklin P.O. Box 1479 Franklin, NC 28744 (828)524-2516 (828)524-4540 Fax ‘www franktinne.com “ufone does not know to which port one is sailing, no wind is favorable.” From: Jim Yamin Sent: Wednesday, May 8, 2019 1:58 PM. in Setser’ Subject: RE: Verbena 2019 Town letters - URGENT. Importance: High So will you be providing me with the letter | requested regarding the applicability of last year’s letter to the current period? | need it by tomorrow by the latest. Thanks, Jim Yamin Workforce Homestead Inc, | 1534 Twisted Oak Drive, Chapel Hill NC, 27516 | 828-351-9151 | im@workforcehomestead.com From: jim Sent: Tuesday, May 7, 2019 10:05 AM To: Justin Setser Subject: RE: Verbena 2019 Town letters - URGENT Preferable to simply please restate that line on Town letterhead. 4Thanks, Jim Sent from my Verizon, Samsung Galaxy smartohone Original message From: Justin Setser Date: 5/7/19 8:27 AM (GMT-05:00) To: ‘jim Yamin’ Subject: RE: Verbena 2019 Town letters - URGENT Can the email just sent not work? Justin Setser, CZO ‘Town Planner / Land Use Administrator Town of Franklin P.O. Box 1479 Franklin, NC 28744 (828)524-2516 (828)524-4540 Fax www franklinne,com “If one does not know to which port one is sailing, no wind is favorable.”From: Jim Yamin Sent: Tuesday, May 7, 2019 8:22 AM To: ‘Justin Setser’ Ce: swoodard@franklinnc.com; ‘Nathanael Moore’ Subject: RE: Verbena 2019 Town letters - URGENT Justin, ‘The NCHFA would have no way of knowing that the 5/8/18 letter is still currently valid as there is nothing in that letter that so states. Would you mind please writing a letter that confirms that? Thanks, Jim Yamin Workforce Homestead Inc. | 1534 Twisted Oak Drive, Chapel Hill NC, 27516 | 828-351-9151 | im +homestead.com From: Justin Setser Sent: Tuesday, May 7, 2019 8:14 AM To: ‘Jim Yamin’ Ce: swoodard@ franklinne.com; ‘Nathanael Moore’ ‘Subject: RE: Verbena 2019 Town letters - URGENT ‘The zoning letter doesn’t expire unless a different use is taking place or requested. So the attached letter | provided to you last year is stil valid. Justin Setser, CZO Town Planner / Land Use Administrator Town of Frankli P.O, Box 1479 Franklin, NC 28744(828)524-2516 (828)524-4540 Fax www.franklinne.com “if one does not know to which port one is sailing, no wind is favorable.” From: Jim Yamin Sent: Monday, May 6, 2019 9:17 PM To: ‘Justin Setser' Ce: swoodard@franklinnc.com; ‘Nathanael Moore’ Subject: RE: Verbena 2019 Town letters - URGENT Justin, ‘As was going through all my required materials I need to complete my 2019 tax credit application to the NCHFA, | realized that | never received the highlighted letters | requested in my March 9" email, below. This application is due noon this Friday!Please send me updated versions of the attached letters at your earliest convenience. Thanks, Jim Yamin Workforce Homestead Inc. | 1534 Twisted Oak Drive, Chapel im@workforcehomestead.com ill NC, 27516 | 828-351-9151 | From: Justin Setser <[setser @franklinne.com> Sent: Monday, March 11, 2019 1:12 PM in’ Ce: swoodard@franklinnc.com; ‘Nathanael Moore' <; franklinne.com> Subject: RE: Verbena 2019 Town letters The zoning compliance letter is correct. | have forwarded your other requests to the Town Manager and Public Works Director. Justin Setser, CZO Town Planner / Land Use Administrator Town of Franklin P.O. Box 1479 Franklin, NC 28744 (828)524-2516 (828)524-4540 Fax www.franklinne.com “If one does not know to which port one is sailing, no wind is favorable.”From: Jim Yamin «ji rcehomestead.com> Sent: Saturday, March 9, 2019 3:41 PM To: ‘Justin Setser’ Subject: Verbena 2019 Town letters Justin, {'m writing to please request letters from the Town for my Verbena 2019 tax credit application. 'd be perfect if can simply get updated versions of the attached: 1 2. Letter confirming water & sewer allocation 3, Thanks, Jim Yamin Workforce Homestead Inc. | 1534 Twisted Oak Drive, Chapel Hill NC, 27516 | 828-351-9151 | jim@workt‘This email has been checked for viruses by AVG antivirus software. swww.avg.com, 10genda Item — Town Council Meeting Date: March 2, 2020 Agenda Item #: 4 (D) Land Use Department/Agenc} Subject Matter: Set Public Hearing for Land Use Comprehensive Plan. Department Head’s Comments/Recommendation: N/A Town Manager's Comments/Recommendation: Approval Suggested Motion: If (favorable) set a public hearing for Monday April 6, 2020 at 6:05 p.m. for the Land Use Comprehensive Plan. Attachments’ Yes __ No Action Taken?Agenda Item ~ Town Council Meeting Date: March 2 2020 Agenda Item #: 4 (E) Department/Agency: Finance Subject Matter: Audit Contract with Martin Starnes for FY 19°20. Department Head's Comments/Recommendation: N/A ‘Town Manager's Comments/Recommendation: Approval Suggested Motion: If (favorable) approve audit contract with Martin Starnes for FY 19-20. Attachments: Yes No ‘etion alee! errs eeeLse-205 CONTRACT TO AUDIT ACCOUNTS Rov. 9/2019 ‘The | Govering Board Town Council of | Pimary Government Unit (or charter hoWer? Town of Franklin, NC and_ | Discretaly Presented Component Unit (OPCU) (iW applcable) ‘Town of Franklin Tourism Development Authority Bai) Primary Government Unit, fogether with DPCU (i applicable), hereinafter referred to as Governmental Unit(s) and [AoditerName Martin Stames & Associates, CPAs, P.A. ‘Anditer Aaaress 730 13th Avenue Dr, SE, Hickory, NC 28602 Hereinafter referred to as Auditor for [Fiscal Year Ending ‘Audit Raper Due Date 0630/20 10/31/20 “ust bo wih our months TPE hereby agree as follows: 4. The Auditor shall audit all statements and disclosures required by U.S. generally accepted auditing standards (GAAS) and additional required legal statements and disclosures of all funds and/or divisions of the Governmental Unit(s). The non-major combining, and individual fund statements and schedules shall be subjected to the auditing procedures applied in the audit of the basic financial statements and an opinion shall be rendered in relation to (as applicable) the governmental activities, the business- type activities, the aggregate DPCUs, each major governmental and enterprise fund, and the aggregate remaining fund information (non-major government and enterprise funds, the internal service fund type, and the fiduciary fund types). 2. Ata minimum, the Auditor shall conduct his/her audit and render his/her report in accordance with GAAS. The Auditor shall perform the audit in accordance with Government Auditing Standards if required by the State Single Audit Implementation Act. as codified in G.S. 159-34. If required by OMB Uniform ‘Administration Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) and the Slate Single Audit Implementation Act, the Auditor shall perform a Single Audit, This audit and all associated audit documentation may be subject to review by Federal and State agencies in accordance with Federal and State laws, including the staffs of the Office of State Auditor (OSA) and the Local Government ‘Commission (LGC). If the audit requires a federal single audit performed under the requirements found in ‘Subpart F of the Uniform Guidance (§200.501), itis recommended that the Auditor and Governmental Unit(s) jointly agree, in advance of the execution of this contract, which party is responsible for submission of the audit and the accompanying data collection form to the Federal Audit Clearinghouse as required under the Uniform Guidance (§200.512). If the audit and Auditor communication are found in this review to be substandard, the results of the review may be forwarded to the North Carolina State Board of CPA Examiners (NC State Board). Page 1Leo-205 CONTRACT TO AUDIT ACCOUNTS Rov. 92019 3. Ian entity s determined to be a component of another government as defined by the group audit Slandards, the entity's auditor shall make a good faith effort to comply in a timely manner with the requests of the group auditor in accordance with AU-6 §600.41 - §600.42 4. This contract contemplates an unmodified opinion being rendered. If during the process of conducting the audit, the Auditor determines that it will not be possible to render an unmodified opinion on the financial statements of the unit, the Auditor shall contact the LGC staff to discuss the circumstances leading to that Conclusion as soon as is practical and before the final report is issued, The audit shall include such tests of the ‘accounting records and such other auditing procedures as are considered by the Auditor to be necessary in the circumstances, Any limitations or restrictions in scope which would lead to a qualification should be fully ‘explained in an attachment to this contract. 5, If this audit engagement is subject to the standards for audit as defined in Government Auditing ‘Standards, 2011 revisions, issued by the Comptroller General of the United States, then by accepting this engagement, the Auditor warrants that he/she hias met the requirements for a peer review and continuing ‘education as specified in Government Auditing Standards. The Auditor agrees to provide a copy of the most recent peer review report to the Governmental Unit(s) and the Secretary of the LGC prior to the execution of an ‘audit contract. Subsequent submissions of the report are required only upon report expiration or upon auditor's receipt of an updated peer review report. If the audit firm received a peer review rating other than pass, the ‘Auditor shall not contract with the Governmental Unit(s) without first contacting the Secretary of the LGC for a peer review analysis that may result in additional contractual requirements. If the audit engagement is not subject to Government Accounting Standards or if financial statements are not prepared in accordance with U.S. generally accepted accounting principles (GAAP) and fallto include all Gisclosures required by GAAP, the Auditor shall provide an explanation as to why in an attachment to this, contract or in an amendment. 6. _Itis agreed that time is of the essence in this contract, All audits are to be performed and the report of ‘audit submitted to LGC staff within four months of fiscal year end. I it becomes necessary to amend this due Gate or the audit fee, an amended contract along with a written explanation of the delay shall be submitted to the Secretary of the LGC for approval. 7. Itis agreed that GAAS include a review of the Governmental Unit's (Units’) systems of internal control ‘and accounting 2s same relate to accountability of funds and adherence to budget and law requirements ‘applicable thereto; that the Aucitor shall make a written report, which may or may not be a part of the written report of audit, to the Governing Board setting forth his/her findings, together with his recommendations for improvement, That written report shall include all matters defined as “significant deficiencies and material weaknesses” in AU-C 265 of the AICPA Professional Standards (Clarified). The Auditor shall fle a copy of that report with the Secretary of the LGC. 8 _Alllocal government and public authority contracts for audit or audit-related work require the approval of the Secretary of the LGC. This includes annual or special audits, agreed upon procedures related to internal ‘controls, bookkeeping or other assistance necessary to prepare the Governmental Unit's (Units}) records for uti, financial statement preparation, any finance-related investigations, or any other aucit- related work in the State of North Carolina, Approval is not required on contracts and invoices for system improvements and similar services of a non-auditing nature. ©. __ Invoices for services rendered under these contracts shall not be paid by the Governmental Unit(s) until the invoice has been approved by the Secretary of the LGC. (This also includes any progress billings.) [G.S. 159-34 and 115C-447] All invoices for Audit work shall be submitted in POF format to the Secretary of the LGC for approval. The invoice marked ‘approved 'with approval date shall be returnedto Page 2Lc0-205 CONTRACT TO AUDIT ACCOUNTS Rov. 92018 the Auditor to present to the Governmental Unit(s) for payment. This paragraph is not applicable to contracts for audits of hospitals. 10, In consideration of the satisfactory performance of the provisions of this contract, the Governmental Unit(s) shall pay to the Auditor, upon approval by the Secretary of the LGC if required, the fee, which includes any costs the Auditor may incur from work paper or peer reviews or any other quality assurance program required by third parties (federal and state grantor and oversight agencies or other organizations) ‘as required under the Federal and State Single Audit Acts. This does not include fees for any pre-issuance reviews that may be required by the NC Association of CPAs (NCACPA) Peer Review Committee or NC State Board of CPA Examiners (see Item 13). 41. Ifthe Governmental Unit(s) has/have outstanding revenue bonds, the Auditor shall submit to LGC staff, either in the notes to the audited financial statements or as a separate report, a calculation demonstrating compliance with the revenue bond rate covenant. Additionally, the Auditor shall submit to LGC staff simultaneously with the Governmental Unit's (Units’) audited financial statements any other bond compliance ‘statements or additional reports required by the authorizing bond documents, unless otherwise specified in the bond documents. 12. After completing the audit, the Auditor shall submit to the Governing Board a written report of audit. This report shall include, but not be limited to, the following information: (a) Management's Discussion and ‘Analysis, (b) the financial statements and notes of the Governmental Unit(s) and all of its component units prepared in accordance with GAAP, (c) supplementary information requested by the Governmental Unit(s) or required for full disclosure under the law, and (d) the Auditor's opinion on the material presented. The Auditor shall furnish the required number of copies of the report of audit to the Governing Board uponcompletion. 13. If the audit firm is required by the NC State Board, the NCACPA Peer Review Committee, or the Secretary of the LGC to have a pre-issuance review of its audit work, there shall be a statement in the engagement letter indicating the pre-issuance review requirement. There also shall be a statement that the Governmental Unit(s) shall not be billed for the pre-issuance review. The pre-issuance review shall be performed prior to the completed audit being submitted to LGC Staff. The pre-issuance review report shal accompany the audit report upon submission to LGC Staff. 14, The Auditor shall submit the report of audit in POF format to LGC Staff, For audits of units other than hospitals, the audit report should be submitted when (or prior to) submitting the final invoice for services rendered. The report of audit, as filed with the Secretary of the LGC, becomes a matter of public record for inspection, review and copy in the offices of the LGC by any interested parties. Any subsequent revisions to these reports shall be sent to the Secretary of the LGC along with an Audit Report Reissued Form (available ‘on the Department of State Treasurer website). These audited financial statements, excluding the Auditors opinion, may be used in the preparation of official statements for debt offerings by municipal bond rating services to fulfil secondary market disclosure requirements of the Securities and Exchange Commission and for other lawul purposes of the Governmental Unit(s) without requiring consent of the Auditor. Ifthe LGC Staff determines that corrections need to be made to the Governmental Unit's (Units’ financial statements, those corrections shall be provided within three business days of notification unless another deadline is agreed to by LGC staff, 45. Should circumstances disclosed by the audit call for a more detailed investigation by the Auditor than necessary under ordinary circumstances, the Auditor shall inform the Governing Board in writing of the need for such additional investigation and the additional compensation required therefore. Upon approval by the Page3Leo-205 CONTRACT TO AUDIT ACCOUNTS Rov. 912019 Secretary of the LGC, this contract may be modified or amended to include the increased time, compensation, ‘or both as may be agreed upon by the Governing Board and the Auditor. 46. fan approved contract needs to be modified or amended for any reason, the change shall be made in writing, on the Amended LGC-205 contract form and pre-aucited if the change includes a change in audit fee {(pre-audit requirement does not apply to charter schools or hospitals). This amended contract shall be ‘completed in full, including a writen explanation of the change, signed and dated by all original parties to the contract. Itshall then be submitted to the Secretary of the LGC for approval. No change to the audit contract shall be effective unless approved by the Secretary of the LGC, the Governing Board, and the Auditor. 47. Accopy of the engagement letter, issued by the Auditor and signed by both the Auditor and the Governmental Unit(s), shall be attached to this contract, and except for fees, work, and terms not related to audit services, shall be incorporated by reference as if fully set forth herein as part of this contract. In case of conflict between the terms of the engagement fetter and the terms of this contract, the terms of this contract shall take precedence. Engagement letter terms that conflict witn the contract are deemed to be void unless the conflicting terms of this contract are specifically deleted in Item 28 of this contract. Engagement letters containing indemnification clauses shall not be accepted by LGC Staff. 18. Special provisions should be limited. Please list any special provisions in an attachment. 49. A sseparate contract should not be made for each division to be audited or report to be submitted. If a DPCU is subject to the audit requirements detailed in the Local Government Budget and Fiscal Control Act and aa separate audit report is issued, a separate audit contract is required. If separate report is not to be issued ‘and the DPCU is included in the primary government audit, the DPCU shall be named along with the parent ‘government on this aualt contract. DPCU Board approval date, signatures from the DPCU Board chairman and finance officer also shall be included on this contract. 20, The contract shall be executed, pre-audited (pre-audit requirement does not apply to charter schools ‘or hospitals), and physically signed by all parties including Governmental Unit(s) and the Auditor, hen submitted in PDF format to the Secretary of the LGC. 21, The contract is not valid until it is approved by the Secretary of the LGC. The staff of the LGC shall notify the Governmental Unit and Auditor of contract approval by email. The audit should not be started before the contract is approved. 22, Retention of Client Records: Auditors are subject to the NC State Board of CPA Examiners’ Retention of Client Records Rule 21 NCAC O8N .0305 as it relates to the provision of audit and other attest services, as well 2s non-altest services. Clients and former clients should be familiar with the requirements ofthis rule prior to requesting the return of records. 23, This contract may be terminated at any time by mutual consent and agreement of the Governmental Unit(s) and the Auditor, provided that (a) the consent to terminate is in writing and signed by both parties, (b) the parties have agreed on the fee amount which shall be paid to the Auditor (if applicable), and (c) no termination shall be effective until approved in writing by the Secretary of the LGC. 24, The Governmental Unit's (Units’ failure or forbearance to enforce, or waiver of, any right or an event of breach of default on one occasion or instance shall not constitute the waiver of such right, breach or default on any subsequent occasion or instance, 25. There are no other agreements between the parties hereto and no other agreements relative hereto that ‘shall be enforceable unless entered into in accordance with the procedure set out herein and approved by the Secretary of the LGC. Page 4Lgc-205 CONTRACT TO AUDIT ACCOUNTS Rov. 912019 26. _ E-Verify, Auditor shall comply with the requirements of NCGS Chapter 64 Article 2. Further, if Auditor utilizes any subcontractor(s), Auditor shall require such subcontractor(s) to comply with the requirements of NCGS Chapter 64, Article 2. 27, Forall non-attest services, the Auditor shall adhere to the independence rules of the AICPA Professional Code of Conduct and Governmental Auditing Standards, 2018 Revision (as applicable). Financial statement preparation assistance shall be deemed a “significant threat’ requiring the Auditor to ‘apply safeguards sufficient to reduce the threat to an acceptable level. if the Auditor cannot reduce the threats to an acceptable level, the Auditor cannot complete the audit. If the Auditor is able to reduce the threats to an acceptable level, the documentation of this determination, including the safeguards applied, ‘must be included in the audit workpapers. ‘All non-attest service(s) being performed by the Auditor that are necessary to perform the audit must be identified and included in this contract. The Governmental Unit shall designate an individual with the suitable skills, knowledge, andlor experience (SKE) necessary to oversee the services and accept responsibilty for the results of the services performed. If the Auditor is able to identify an individual with the appropriate SKE, s/he must document and include in the audit workpapers how he/she reached that conclusion. If the Aucitor determines that an individual with the appropriate SKE cannot be identified, the Auditor cannot perform both the non-attest service(s) and the audit. See “Fees for Audit Services" page of this contract to disclose the person identified as having the appropriate SKE for the Governmental Unit 28. Applicable to charter school contracts only: No indebtedness of any kind incurred or created by the ‘Charter school shall constitute an indebtedness of the State or its political subdivisions, and no indebtedness of the charter school shall involve or be secured by the faith, credit, or taxing power of the State or its political subdivisions. 29. Allof the above paragraphs are understood and shall apply to this contract, except the following numbered paragraphs shall be deleted (See Item 16 for clarification). 30. The process for submitting contracts, audit reports and invoices is subject to change. Auditors and nits should use the submission process and instructions in effect at the time of submission. Refer to the N.C. Department of State Treasurer website at htips:/Ammw.nctreasurer.com/sig/Pages/Audit-Forms-and- Resources. aspx. 31. Allcommunications regarding audit contract requests for modification or official approvals will be sent to the email addresses provided on the signature pages that follow. 32, Modifications to the language and terms contained in this contract form (LGC-206) are not allowed. Page 5Lec-205 CONTRACT TO AUDIT ACCOUNTS Rov. 9/2019 FEES FOR AUDIT SERVICES 1. For all non-attest services, the Auditor shall adhere to the independence rules of the AICPA Professional Code of Conduct (as applicable) and Governmental Auditing Standards,2018 Revision. Refer to Item 27 of this contract for specific requirements. The following information must be provided by the Auditor, contracts presented to the LGC without this information will be not be approved. Financial statements were prepared by: [Auditor CJGovernmental Unit Third Party If applicable: Individual at Governmental Unit designated to have the suitable skills, knowledge, and/or experience (SKE) necessary to oversee the non-attest services and accept responsibility for the results of these services: Name: Title: [Summer Woodard [Town Manager Email Address: [swoodard@franklinne.com 2. Fees may not be included in this contract for work performed on Annual Financial Information Reports {AFIRs), Form 990s, or other services not associated with audit fees and costs. Such fees may be included in the engagement letter but may not be included in this contract or in any invoices requiring approval of the LGC. See Items 8 and 13 for details on other allowable and excluded fees. 3, Prior to submission of the completed audited financial report, applicable compliance reports and amended contract (if required) the Auditor may submit invoices for approval for services rendered, not to exceed 75% of the total of the stated fees below. If the current contracted fee is not fixed in total, invoices for services rendered may be approved for up to 75% of the prior year billings. Should the 75% cap provided below conflict with the cap calculated by LGC staff based on the prior year billings on file with the LGC, the LGC calculation prevails. All invoices for services rendered in an audit engagement as defined in 20 NCAC 3.0503 shall be submitted to the Commission for approval before any cayment is made, Payment before approval is a violation of law. (This paragraph not applicable to contracts and invoices associated with audits of hospitals). PRIMARY GOVERNMENT FEES ‘Town of Franklin, NC Primary Government Unit | Audit Fee Additional Fees Not included in Audit Fe $ See fee section of engagement letter Fee per Major Program § See fee section of engagement letter Writing Financial Statements. 5 See fee section of engagement letter All Other Non-Atest Services. SNA 75% Cap for Interim Invoice Approval (not applicable to hospital contracts) $ 23,062.50 OPCU FEES (if applicable) Discretely Presented Component Unit Town of Franklin Tourism Development Authority Audit Fee {See fee section of engagement letter Additional Fees Not Included in Audit Fee: (not applicable to hospital contracts) Fee per Major Program SNA ‘Writing Financial Statements SNA | ‘All Other Non-Attest Services $NA 175% Cap for Interim Invoice Approval $250.00 PagesLsc-205 CONTRACT TO AUDIT ACCOUNTS Rev. 10/2018 SIGNATURE PAGE AUDIT FIRM ‘Audit Firm “Martin Starnes & Associates, CPAs, P.A. ‘Authorized Firm Representative (Iyped or printed) | Sigi Amber ¥. McGhinnis Wl Date Email Addr 03/1219 amcghinnis@martinstarnes.com GOVERNMENTAL UNIT Govermental Unit ‘Town of Franklin, NC Date Primary Goverment Unit Governing Board Approved Audit Contract (Ret 6. 15694(a)or.S. 150-447(0)) ‘Mayor/Chairperson (typed or printed) ‘Signature Bob Scot, Mayor Date Email Address scoopscatt@eol.com ‘Chair of Audit Committee (typed or printed, or NA‘) Signature NA Date Email Address GOVERNMENTAL UNIT — PRE-AUDIT CERTIFICATE (Pre-audicerifcate not required for charter schodls) Required by G.S. 159-28(a1) or G.S. 115C-441(a1) This instrument has been pre-audited in the manner required by The Local Government Budget and Fiscal Control Act or by the School Budget and Fiscal Control Act. Primary Governmental Unit Finance Officer im Tuesday, February 25, 2020 4:03 PM Summer Woodard Subject: Re: FW: Request Attachments: image001 jpg ‘The 3rd annual 80's Flashback Parade is scheduled for August Ist (setup time 9am along Church Street) ‘The Parade is scheduled to start at 10am and travel along Main Street (starting at the town hall parking lot) to Harrison Ave (requesting | hour closing of Main Street) We are also asking to close lotla Street from 10:30am to 11:15am in front of the town square/gazebo. We are hosting a meet and greet with the attendees and parade entries for photos, ete. This is the 2nd event of the 80's Flashback Weekend, a weekend of events to help raise funds for the Greenville Shriners Hospital for Children. Thank you, Dave On Tue, Feb 25, 2020, 3:55 PM Summer Woodard wrote: Hey Dave, am working on the Town Council agenda for March. Can you send me the details of your request for the 80's flash back parade? Dates, times, Streets to be closed? The Town Council approved the street closures for the Radio Event and Braveheart SK at their February meeting. If you could send me something by tomorrow for the 80's request | can get it on the agenda for March. Thank you so much, ‘Summer Woodard ‘Town Manager PO Box 1479 Franklin, NC28744 828-524-2516 ext 305,Agenda Item — Town Council Meeting Date: March 2, 2020 Agenda Item # 6 (B) Department/Agency: Fire Department Subject Matter: Appointment of Charlie Pinkston to the Franklin Fire and Rescue Relief Fund Board. Town Manager Summer Woodard will present this item. Department Head's Comments/Recommendation: N/A ‘Town Manager's Comments/Recommendation: Approval Suggested Motion: If (favorable) to appoint Charlie Pinkston to the Franklin Fire and Rescue Relief Fund Board. Attachments’ Ye: \ Action Taken:Summer Woodard From: mbreediove@franklinnc.com Sent: Monday, February 24, 2020 3:03 PM To: ‘Summer Woodard’ Subject: Franklin Fire Relief Fund Board Summer, ‘On the date of 02/10/2020 Franklin Fire and Rescue Relief Fund Board held a meeting at Franklin Fire Department. During this meeting it was brought to my attention that one of the Town appointed board seats is unfortunately no longer able to serve on the board due to some family health issues. Although the Franklin Fire and Rescue Department, and our Relief Fund Board will greatly miss this man serving with us, we sure wish him the best. The Relief Fund Board ‘would like to ask the Town to Consider a new appointment to this seat. The Board further had discussion and would like to recommend that the Town appoint Mr. Charlie Pinkston to the Franklin Fire and Rescue Relief Fund Board. Mr. Pinkston is a retired volunteer Firefighter from Franklin Fire and Rescue and has served well. Mr. Pinkston was present at this meeting and stated that he would have an interest in serving on the Relief Fund Board. if possible I would ask that the Town Council consider this appointment in the March Town Council Meeting. If you have any questions in reference to this request please feel free to reach out to me. Also others that would be glad to help, Max Houston who is currently serving as the board Chairman, and Farrell Jamison who is a resource and retired member who has a lot of knowledge in this area. Thank you again for your time and help. Sincerely, Chief Matt Breedlove Franklin Fire ~ Rescue This email has been checked for viruses by AVG antivirus software. om, waww.avSummer Woodard mbreedlove@franklinne.com Wednesday, February 26, 2020 12:37 PM “Summer Woodard’ Relief Fund Board appointment summer, Good afternoon. | wanted to follow up with you in reference to the request to ask the town council to appoint a new relief fund board member to sit on the Franklin & Rescue Relief Fund Board. | wanted to put in writing the conditions required. The board must consist of 5 members. Two (2) of those must be appointed by the Fire Department with the restrictions of these two persons must be residents of the fire district or active or retired members of the fire department. Further two (2) of the board members must be appointed by the City Council or County Commissioners. Then the final person must be appointed by the Insurance Commissioner. One of the five must serve as Treasurer for the board. The members of the board have no term limits. Hf you have any questions that | can answer for you please reach out to me. Thanks for everything you help us with, Respectfully, Chief Breedlove This email has been checked for viruses by AVG antivirus software. www.avg.comAgenda Item — Town Council Meeting Date: March 2, 2020 Agenda Item #: 6 (C) Department/Agency: Fire Department Subject Matter: Budget Amendment for Franklin Fire Department. Town Manager Summer Woodard and Fire Chief Matt Breedlove will present this item. Department Head's Comments/Recommendation‘ N/A ‘Town Manager's Comments/Recommendation: Approval Suggested Motion: If (favorable) approve budget amendment with funding coming from Franklin Fire Departments Fund Balance. Attachments: Yes Action Taken;Summer Woodard. Fro! mbreedlove@franklinnc.com Sent: Monday, February 24, 2020 2:37 PM Te "summer Woodard! Subject: Viper Radio Considerations summer, Good Moring. As you know from previous conversation Franklin Fire Department isin the process of being required to move to the Viper Radio system for radio communications as Macon County Fire services in a whole has decided that 1er would be the best option for the communication needs for Macon County. Since then Macon County did provide a large assistance and allowed each fire department in Macon County an allotment of radio equipment. This allowed Franklin Fire to purchase a radio for each apparatus and 25 additional portable radios. This was a great start but however it left Franklin Fire without enough radios to provide each firefighter. My personal feelings about each firefighter having a radio is one of great concern. | feel that they are not safe without a radio in certain situations and further feel that itis my responsibilty to keep them safe. | would ask to consider using funds from fire fund balance to purchase another 10 radios, This would cover our department and issue each firefighter a radio, plus it would leave a spare radio in case one went down. | have three bids from companies for the radio purchase if this can be agreed on. The lowest bid would allow us to purchase these 10 radios for a total of $15121.39 with tax included. Ths isa special offer and the quote would be good if we place order before the end of March. f you agree | would like to ask the Town Council to approve this request on March 2°. Thank you for any consideration and help in this matter. Sincerely, Chief Matt Breedlove This email has been checked for viruses by AVG antivirus software. www.ave.comBUDGET AMENDMENT AMENDMENT #474. 14, BUDGET CHANGE # FROM: DEPARTMENT: FIRE EXPLANATION: APPROPRIATE FRM FUND BALANCE IN FY 19-20 FOR 10 VIPER RADIOS- APPROVED IN MINUTES 03.02.2020 ACCOUNT DESCRIPTION INCREASE __ DECREASE. 28-3991 FUND BALANCE APPROPRIATED _| $14,166.00 28-4340-4995 NON-CAPITAL EQUIPMENT 314,166.00 REQUESTED BY DEPARTMENT HEAD. RECOMMENDED BY FINANCE OFFICER, APPROVED BY TOWN MANAGER ACTION BY BOARD. APPROVED AND ENTERED ON MINUTES DATED. DATE CLERK ENTERED.Western Carolina Comm Systems, Inc. Post Office Box 488 QUOTATION ‘Quote Number: 5034 Sylva, NC 28779 Quote Date Feb 14,2020 Pose 1 Voice: 028-596-0614 Fax. 828-586-0461 QuotedTe: Townof Fain | itn Fe : Pout Once Box 1479 \ Fremin, NO 20744 i | © Teusteme [Sood thea | Payinent tonne "J Saas Rep +d EEE VED) I Nel 15 Days i IR ~~ Desorption Unit Price NED E TICENSES INSTALLED WATH TE | | EXCEPTION OF PHASE I LICENSES, PRICES DEPENDENT UPON A PROMO THAT ENOS MARCH 31ST. ORDER MUST BE | PLACED & CUGIBLE FOR SHIPMENT WITHIN PROMO PERIOD : ! ORPPLY. : | | 10,00| KENWOOD, 700800 Mii 8OWATTS, HKON CONVENTIONAL, eo175 aerrs0! P25LICENSES NOT INCLUDED, STANDARD KEY MODEL, i | 10.00 LICENSE KEY FOR P25 CONVENTIONAL | 21550 2.19500 10.00] LICENSE KEY FOR P25 PHASE 1 TRUNKING 496.00 | 4960.00 {0.00| LICENSE KEY FOR P25 PHASE 2 TRUNKING 12000 ‘.s0000 10.00 KENWOOD, 70700 11/2 WAVE (WHIP) ANTENNA 2078 2750 | 10.09 KENWOOD (STANDARD) LON 2600 man BATTERY 108.00 1.06000 10.00 RAPID RATE CHARGER, KENWOOD 64.25] 42.50 1.00, NON PROGRAWMEDIACC DISCOUNT 25128 25128 i a = a ee ee ere Subiotal ‘Atinvotos totaling $1000.00 ormero wl be subject oa payment sched of 6% hefore ordering, 20% upon delivery of equipment to WCCS and the remaining 20% on Sates Tax HE 966.15. complebn 0 Setvery fo custom ora — 7a2138] ‘Thank you for your busines, 7 — Antesired Sinet Prine Name ateAgenda Item — Town Council Meeting Date: March 2, 2020 Agenda Item #: 6 (D) Department/Agency: Administration Subject Matter: Proposed Budget Calendar and Work Sessions for Fiscal Year 2020- 2021. Town Manager Summer Woodard will present this item. Department Head's Comments/Recommendation: N/A ‘Town Manager's Comments/Recommendation? Approval Suggested Motion: If (favorable) approve budget calendar and work sessions as presented. Attachments: Yes_X_ No Action Taken! Atle tates eee Pee eee Scere eeTOWN OF FRANKLIN Post Office Box 1479 Franklin, North Carolina 28744 (828) 524-2516 Date: March 2, 2020 Mayor Bob Scott Town Council ‘Town Department Heads & Supervisors From: Summer Woodard, Town Manager Subject: Fiscal Year 2020-2021 Budget Calendar and Work Sessions Please see the proposed budget calendar for the 2020-2021 budget year listed below. Mareh 2, 2020 March 4, 2020 April 3, 2020 April 6-10, 2020 April 14, 2020 April 15-30, 2020 May 4, 2020 May 12, 2020 June 1, 2020 Present budget calendar to Town Council Budget detail presented to Department Heads Departmental budgets submitted to Town Manager Budget review meetings with Departments Budget work session with the Town Council Preparation of proposed fiscal year 2020-2021 budget Present proposed budget to the Town Council Budget work session with the Town Couneil Public Hearing and Adoption of proposed budgetAgenda Item — Town Council Meeting Date: March 2, 2020 Agenda Item #: 6 (E) Department/Agency: Mayor and Town Council Subject Matter: Appointment of Town Liaisons. 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) Town Attorney will provide wording. Attachments’ Yes_X_ No Action Taken: _TOWN OF FRANKLIN Post Office Box 1479 Franklin, North Carolina 28744 (828) 524-2516 Date: February 27, 2020 To: Mayor Town Council Town Attorney From: ‘Summer Woodard, Town Manager Subject: __ Town Liaison List Fire Department Police Department ‘Sewer Department Water Department Streets Sidewalks, Ordinance Review Recreation od an interest in the followin« Mowing Town Cout Jack Horton- Police Department Dinah Mashburn- Fire Department Mike Lewis- Police and Fire Department David Culpepper- Ordinance Review and Sewer DepartmentAgenda Item — Town Council Meeting Date: March 2, 2020 Agenda Item #: 6 (F) Department/Agency: Council Member David Culpepper ecess for Allman Drive. Council Member David item, Information will he distributed at the Council Subject Matter? Sewer Line / Culpepper will present this meeting, Department Head’s Comments/Recommendation: N/A ‘Town Manager's Comments/Recommendation: Consideration Suggested Motion: If (favorable) Town Attorney will provide motion. Attachments Ye Action Taken: SSeSAgenda Item ~ Town Council Meeting Date: March 2, 2020 Agenda Item #: 7 (A) Department/Ageney: Legal Subject Matter: Update on 441 South Sidewalks from Wide Horizon to Tractor Supply. Town Manager Summer Woodard and 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 Attor -y will provide motion. Attachments Yes__ No Action Taken: _Agenda Item — ‘Town Couneil Meeting Date? March 2, 2020 Agenda Item #: 7 (B) Department/Ageney: Legal Subject Matter: Discussion on Substance Abuse Partnership with Macon County. ‘Town Manager Summer Woodard and 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 motion. Attachments: Yes _X. No__ Action Taken:STATE OF NORTH CAROLINA. COUNTY OF MACON AGREEMENT TO PROVIDE SUBSTANCE ABUS! AND MENTAL HEALTH SERVICES ‘THIS AGREEMENT is made and entered into effective thisthe __day of +2020, by and between No Wrong Door for Support and Recovery Inc., A North Carolina Non-Profit Corporation, hereinafter referred to as “No Wrong Door”, and Macon County, a North Carolina County and body politic, hereinafter referred to as “County”. THAT WHEREAS, the parties hereto desire to establish a contractual relationship whereby No Wrong Door will 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 o have mental health and/or substance abuse related problems asa contributing factor to their continuing difficulties with living within the Icgal boundaries of their community; and WHEREAS, County is willing to pay for such services within the parameters set forth in this Agreement, with the understanding that the Town of Franklin has provided unto County funds to use toward the same. NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: 1. Purpose of Agreement. Both parties 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 aceess to treatment for the same while incarcerated. With exposure to interventions during periods 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. Intent of Agreement Itis the intent of No Wrong Door and County to provide jail-based substance abuse and mental health services in a timely fashion to target population to reduce recidivismv/criminal activity jn the community upon release and to promote healthy and productive lifestyles for all individuals and their families.3. 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 theit families as follows: A B. Z rR Assisting target population with finding jobs upon release; Assisting target population with finding housing upon release; Providing treatment classes to assist target population in continuing recovery; Assisting target population with navigation to resources for those seeking long term treatment; Assisting target population with navigation to resources for those re-entering the ‘community; Providing substance abuse assessments to the target population; Providing treatment planning to the target population; Providing individual and group counseling for the target population; Providing crisis assessments for the target population; Providing case management for the target population; Providing mental health screening and referrals for the target population; Providing the Prime for Life program for the target population; Providing the Prime Solution program for the target population; Providing the WRAP program for the target population; Providing the Living in Balance program for the target population; and Providing the Matrix program for the target population4, Payment for Services during the Term of this Agreement, During the term of this Agreement, County agrees to pay No Wrong Door for services actually rendered hereunder to the target population in a total sum not to exceed the sum of 8 The Term of this Agreement shall be from the effective date of the same as set, forth hereinabove to and including June 30, 2020. 5. Provision of Services. During the term of this Agreement, No Wrong Door agrees to and shall provide 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. Such services shall be provided on site at the Macon County Jail forthe lesser of __hours per week, at the rate of$_per hour, or the actual hours per week as needed by the individuals who are referred Sheriff or his designee at the hourly rate of $___per hour. 6. Service Billing. Notwithstanding anything to the contrary contained herein and during the Term of this Agreement, No Wrong Door agrees that it will bill County on a monthly basis for services that it performs during each month for County and at the hourly rate as set forth hereinabove. 7. Termination. ‘The Parties hercto agree that this Agreement may be terminated at any time with or without cause by providing written notice of termination to the other party. Additionally, this Agreement may be terminated at any time upon mutual consent of both parties hereto. 8. Governing Law. ‘The laws of the State of North Carolina and the Federal law, as applicable, shall apply to this Agreement 9. Indemnification, County agrees to Indemnify 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 under this Agreement. No Wrong Door agrees to Indemnify and hold County 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. 10, Independent Contractor. County and No Wrong Door agree that No Wrong Door is an independent contractor and shall not represent itself as an agent or employee of No Wrong Door 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 Doors activities in accordance with this Contract. For purposes of this contract taxes shall include, but not be limited to, Federal and State Income, Social Security and ‘Unemployment Insurance taxes. COUNTY does not 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 cause 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. 11, Livensure/Certification No Wrong Door warrants unto County 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 proof of licensure/certification of its agents and employees to perform the services to be provided hereunder in the State of North Carolina, and shall immediately notify County of any ‘change in status of said licenses/certifications and/or any grievance and/or claims filed against said the holder of such license/cettification. 12. Insurane: No Wrong Door shall maintain the following minimum insurance coverage in connection ‘with the above stated insurance obligation: Professional Liability Coverage - $__per occurrence and §, “_ aggregate, assuming a claims made coverage form. 13. fential Information ‘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 Sheriffand/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 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 conceming detainees receiving services hereunder, lists 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 rights in same. Nothing in ths 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 to a courtor 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 Act of 1996 (“HIPAA”) and its implementing regulations found at 45 C.FR, Parts 160 and 164 14, Suceessors and Assigns. No Wrong Door may not assign its interest in this Agreement without the written consent of County. 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. 15, Notices. Al notices which may be required by this contract or any rule of law shall be effective when received by certified mail to the following addresses: County: MACON COUNTY SHERIFF: Robert Holland 1820 Lakeside Drive Franklin, NC 28734; and MACON COUNTY MANAGER: Derek Roland 5 West Main Street Franklin, NC 28734No Wrong Door: Franklin, NC 28734 16, Audit Rights. Forall Services being provided hereunder, County 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. 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 Door agrees to take necessary steps for corrective action, as negotiated within acorrective 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 tum over all documents relevant to services delivered at the end of the ‘Agreement period, ifno 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 {0 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. 17, Compliance with Laws. No Wrong Door represents and warrants that it i and shall be at all times during the term of this Agreement, in compliance with all Federal, State, id local laws, regulations or orders, as amended or supplemented. The implementation of this Agreement shall be carried out in strict compliance with all Federal, State and local laws, 18, Business Associate Agreement. County and No Wrong Door shall sinmultancously with the execution of this Agreement enter into a Business Associate Agreement in the form attached hereto as Exhibit 1 19, Joinder by Macon County Sheriff ‘The Macon County Sheriff has joined in the entry and execution of this Agreement to signify his agreement and approval of the same and all parties hereto specifically agree that the Macon County Sheriff is an additional intended beneficiary of this Agreement. 6MACON COUNTY BY: ‘Macon County Manager, Derek Roland This instrument has been preaudited in the MACON COUNTY SHERIFF manner required by the Local Government BY: and Fiscal Control Act. Robert Holland, Macon County Sheriff Gignature of finance officer) — NO WRONG DOOR FOR SUPPORT AND RECOVERY INC. BY: PresidentSTATE OF NORTH CAROLINA COUNTY OF MACON HIPAA BUSINESS ASSOCIATE AGREEMENT This HIPAA Business Associate Agreement ( the “Agreement” ) is executed by the parties onthe dates beneath their respective signature lines, butis effective as of, 2020 (the “Bffective Date” ) by and between Macon County and Macon County Sheriff ( “Covered Entity” } and No Wrong Door for Support and Recovery Inc,( “Business Associate” ). WHEREAS, Business Associate may maintain, transmit, create or receive data for or from Covered Entity that constitutes Protected Health Information ( as defined at 45 CER § 160.103 ) to perform tasks on behalf of Covered Entity; and WHEREAS, Covered Entity is or may be subject to the requirements of 42 U.S.C. 1320d et seg, enacted by the Health Insurance Portability and Accountability Act of 1996 ( “HIPAA” ), the Health Information Technology for Economic and Clinical Health Act ( “HITECH” ) and the implementing regulations set forth at 45 CFR Parts 160, 162 and 164 (“HIPAA Regulations”). As used herein, “PHI” refers to Protected Health Information maintained, transmitted, created or received by Business Associate for or from Covered Entity; and WHEREAS, to the extent required by the HIPPA Regulations and applicable State Law, Business Associate is or may be dircetly subject to certain privacy and security obligations and penalty provisions of HIPAA, HITECH, the HIPAA Regulations and State Law. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Business Associate may use and disclose PHL only as expressly permitted or required by this Agreement or as required by law. Business Associate may use or disclose PHI as required to perform its obligations under an Agreement to Provide Substance Abuse and Mental Health Services between Macon County and Business Associate ( “Service Agreement” ), acopy of which is attached to this Agreement, to perform certain services as described in the Service Agreement, provided that Business Associate shall not use or disclose PHI in any ‘manner that would constitute a violation of HIPAA Regulations if done by Covered Entity. ‘Without limiting the generality of the foregoing, Business Associate shall not sell PHI or use or disclose PHI for the purposes of marketing or fundraising, as defined and proscribed in the HIPAA Regulations, HITECH and applicable State Law. Business Associate shall limit its uses and disclosures of, and requests for, PHI (1) when practical, to the information making up limited data (as set forth at 45 CFR § 164.514 J; and (ii) in all other eases subject to the requirements of 45 CFR § 164.502(b), to the minimum amount of PHII necessary to accomplish the intended purpose of the use, disclosure or request. To the extent CoveredEntity notifies Business Associate of a restriction request granted by Covered Entity that would limit Business Associate’s use or disclosure of PHI, Business Associate will comply With the restriction. To the extent Business Associate is o carry out an obligation of Covered Entity under the HIPAA Regulations, Business Associate shall comply with the requirements, of HIPAA Regulations that apply to Covered Entity in the performance of such obligation. Business Associate agrees to use and maintain reasonable and appropriate administrative, technical and physical safeguards to protect PHI from uses or disclosures not permitted by this Agreement, including, but not limited to, maintaining policies and procedures to detect, prevent or mitigate identity theft based on PHI or information derived from PHL. In addition, Business Associate agrees to comply with the applicable requirements of 45 CFR Part 164, subpart C of HIPAA Regulations with respect to electronic PHI and any guidance issued by the Secretary of the Department of Health and Human Services ( “HHS” ), Business Associate specifically agrees to employ multiple security mechanisms to ensure the confidentiality, integrity and availability of all electronic PHI, including, but not limited to, authentication controls, authorization controls, audit controls and encryption. ‘Tothe extent Business Associate becomes aware of or discovers any use or disclosure of PHI in violation of this Agreement, any Security Incident (as defined at 45 CFR § 164.304 ) any Red Flag ( as defined at 16 CFR § 681.2(b) ) related to any individual who is the subject of PHI, and any Breach of Unsecured Protected Health Information (both as defined at 45 CFR § 164.402 ), Business Associate shall promptly report such use, disclosure, incident, Red Flag or breach to Covered Entity. All reports of Breaches shall be made within ten ( 10) business days of Business Associate discovering the Breach and shall include the information specified at 45 CFR § 164.410. Business Associate shall mitigate, o the extent practicable, any harmful effect known to it of the use of disclosure of PHI by Business Associate not permitted by this Agreement, Business Associate shall promptly reimburse Covered Entity all reasonable costs incurred by Covered Entity with respect to providing notification of and mitigating a Breach involving Business Associate, including but not limited to printing, postage costs and toll-free hotline costs, Inaccordance with 45 CFR § 164.308(b)(2) and 164.502(e\ 1)(D, Business Associate shall ensure that each subcontractor or agent that creates, receives, maintains, or transmits PHI on behalfofthe Business Associate agrees in writing to be bound by the same restrictions, terms and conditions that apply to Business Associate pursuant to this Agreement. In accordance with 45 CFR § 164.524 and within fifteen (15 ) days or a request by Covered Entity for access to PHI about an individual contained in a Designated Record Set ( as defined at 45 CFR §164.501 ), Business Associate shall make available to Covered Entity such PHI in the form requested by Covered Entity. If the requested PHI is maintained ‘electronically, Business Associate shall provide a copy of the PHI in the electronic form and format requested by the individual, if it is readily producible, or, if not, in a readable electronic form and format as agreed to by Covered Entity and the individual. In the eventthat any individual requests access to PHI directly from Business Associate, Business Associate shall within ten ( 10 ) days forward such request to Covered Entity. Any denials of access to the PHI requested shall be the responsibility of Covered Entity. In accordance with 45 CFR § 164.526 and within fifteen (15 ) days of receipt of a request from Covered Entity for the amendment of an individual's PHI contained in a Designated Record Set ( for so long as the PHI is maintained in the Designated Record Set ), Business Associate shall provide such information to Covered Entity for amendment and incorporate any such amendments in the PHI as required by 45 CER § 164,526. In the event a request for an amendment is delivered directly to Business Associate, Business Associate shall within ten (ten ) days of receiving such request forward the request to Covered Entity. Except for disclosures of PHI by Business Associate that are excluded from the accounting obligation as set forth in 45 CFR § 164.528 or regulations issued pursuant to HITECH, Business Associate shall record for each disclosure the information required to be recorded by covered entities pursuant 10 45 CFR § 164.528, Within twenty ( 20 ) days of notice by Covered Entity to Business Associate that it has received a request for an accounting of disclosures of PHI, Business Associate shall make available to Covered Entity, or if requested by Covered Entity, to the individual, the information requited to be maintained pursuant to this Paragraph #7. In the event the request for an accounting is delivered directly to Business Associate, Business Associate shall within ten ( 10) days forward such request to Covered Entity. At Covered Entity’s or HHS” request, Business Associate shall make its internal practices, books and records relating to the use and disclosure of PHI available to HHS for purposes of determining compliance with HIPAA Regulations. Business Associate is not authorized to use or disclose PHI in a manner that would violate HIPAA Regulations if done by a Covered Entity, provided that Business Associate may: a, use the PHI for its proper management and administration and to carry out its legal responsibilities; b. disclose PHI for its proper management and administration and to carry out its legal responsibilities, provided that disclosures are required by law, or Business Associate obtains reasonable assurances from recipient that PHI will remain confidential and used or further disclosed only as required by law or for the purpose for which it was disclosed to the recipient, and the recipient notifies Business Associate of any instances of which itis aware in which the confidentiality ofthe information has been breached; ©. use and disclose PHI to report violations of law to appropriate Federal and State authorities, consistent with 45 CFR § 164.502G)(1)10. d. aggregate the PHI in its possession with the Protected Health Information of other covered entities that Business Associate has in its possession through its eapacity as 4 business associate to other covered entities, provided that the purpose of such aggregation is to provide Covered Entity with data analysis relating to the health care operations of Covered Entity; and use PHI tocteate de-identified information, provided that the identification conforms to the requirements of 45 CFR § 164.514(b), If Business Associate conducts standard transmissions ( as defined in 45 CFR Part 160 ) for or on behalf of Covered Entity, Business Associate will comply and will require by written contract each agent or contractor ( including any subcontractor ) involved with the conduet of such standard transactions to comply with the applicable requirement of the HIPAA Regulations ( as set forth at 45 CFR Parts 160 and 162 ). Business Associate will not enter into, or permit its agents or contractors (including subcontractors )to enter into, any trading partner agreement in connection with the conduct of standard transaction for or on behalf of Covered Entity that: (i) changes the definition, data condition, or use of a data element or segment in a standard transaction; (ii) adds any data elements or segments to the maximum defined data set; (ii) use any code or data element that is marked “not used” in the standard transactions's implementation specification or is not in the standard transaction's implementation specification; or (iv) changes the meaning or intent of the standard transaction’s implementation specification. Business Associate agrees to participate in any test modification conducted by Covered Entity in accordance with HIPAA Regulations, ‘This Agreement shall be effective as of the Effective day and shall remain in effect until the Service Agreement is terminated or expires. Either party may terminate this Agreement and the Service Agreement effective immediately if it determines that the other party has breached a material provision of this Agreement and failed to cure such breach within thirty (30 ) days of being notified by the other party of the breach. If the non-breaching party determines that cure is not possible, such party may terminate this Agreementand the Service Agreement effective immediately upon written notice to the other party. Iftermination is not feasible, the non-breaching party shall report the breach to HHS. The parties understand and agree that termination of this Agreement shall constitute a default by Business Associate under the Service Agreement. Upon termination of this Agreement, Business Associate shall either return or destroy, at no cost to Covered Entity all PHI that Business Associate still maintains in any form, Business Associate shall not retain copies of such PHI. Notwithstanding the foregoing, to the extent that it is not feasible to return or destroy such PHI, the terms and provisions of this Agreement shall survive termination of this Agreement, and Business Associate shall only uuse or disclose such PHI solely for such purpose or purposes which prevented the retun or destruction of such PHLNothing in this Agreement shall be construed to create any rights or remedies in any third patties or any agency relationship between the parties. To the extent Business Associate is acting asa business associate under HIPAA Regulations, Business Associate shall be subject to the penalty provisions specified in HITECH. Upon the effective date of any final regulation or amendment to final regulations promulgated by HHS with respect to PHI, this ‘Agreement will be deemed automatically amended such that the obligations imposed on the parties remain in compliance with such regulations. The terms and conditions of this Agreement shall override and control any conflicting term or condition of any agreement between the Macon County and Business Associate with respect to Services including the Service Agreement, and all non-conflicting terms and conditions shall remain in full force and effect IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the dates set forth below. COVERED ENTITY MACON COUNTY BY: Macon County Manager, Derek Roland Dat » 2020, COVERED ENTITY MACON COUNTY SHERIFF BY: Robert Holland, Macon County Sheriff Date: » 2020. NO WRONG DOOR FOR SUPPORT AND RECOVERY INC. BY: President Date: » 2020.Agenda Item — Town Council Meeting Date: March 2, 2020 Agenda Item #: 7 (C) Department/Agency: Legal Subject Matter: Discussion on Outdoor Seating Areas. 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 motion, Attachments: Yes _X. No__ Action Taken: _ seeDRAFT Ordinance No. 2020-001 AN ORDINANCE ADOPTING CERTAIN AMENDMENTS TO CHAPTER 130 OF THE CODE OF ORDINANCES FOR THE TOWN OF FRANKLIN. WHEREAS, The Town Council of the Town of Franklin has heretofore adopted an ordinance defining certain offenses against Town regulations, the same having been codified in Chapter 130 of the Town of Franklin Code of Ordinances; and WHEREAS, the Acts of the State Legislature of the State of North Carolina empower and authorize the Legislative Body of this Town to adopt ordinances, and to revise, amend, augment, recodify and restate ordinances adopted pursuant to that authority, including but not limited to that authorization contained in N.C.G.S. §160A-174 ef seg. and. WHEREAS, as the Legislative Body of the Town of Franklin, the Town Cour now deems it necessary and expedient to adopt certain amendments to the said Chapter 130 of, the Town of Franklin Code of Ordinances. NOW, THEREFORE, BE IT ORDAINED by the Town Council that Chapter 130 of the Town of Franklin Code of Ordinances is amended as follows: Section 1, Section 130.01 of the Code of Ordinances for the Town of Fran} amended to read as follows: is hereby “$130.01 PUBLIC CONSUMPTION OF ALCOHOLIC BEVERAGES, No person shall consume malt beverages or unfortified wine, as defined by G.S. §18B-101, of possess open containers thereof, on property owned, occupied, or controlled by the town, including but not limited to public streets, boulevards, alleys, rights-of-way, sidewalks and parks. This section shall not apply to any property leased by the town to any third party for the express purpose of operating a brewpub, microbrewery, restaurant or similar enterprise, provided that on-premises consumpt such beverages is otherwise permitted by law. This section also shall not apply to the service of beverages in a properly permitted outdoor seating area pursuant to. §95.10 of this Code, provided that such service nof \d possession are otherwise permitted by law. Seetion 2. This ordinance shall be deemed published as of the day of its adoption and approval by the Town Council and the Clerk of the Town of Franklin is hereby authorized and ordered to file a copy of said ordinance in the Office of the Town Clerk. Seetion 3. This ordinance shall be in full force and effect immediately on the date of its publication and filing thereof in the Office of the Clerk, and said ordinance shall be presumptive evidence in all courts and places of the ordinances and all provisions, sections, penalties and regulations therein contained and of the date of passage, and that {€8:60067677.D0C }the same is properly signed, attested recorded and approved and that any public hearings and notices thereof as required by law have been given. ADOPTED: This 6" day of April, 2020, upon motion by Council Member : seconded by Council Member . and having been approved by a vote of __ in favor and against. ‘TOWN OF FRANKLIN By: Robeit §. Scott, Mayor ATTEST: Tallent, Clerk 1S: o0067677.DOC }{495.10 OUTDOOR SEATING AREAS ON PUBLIC SIDEWALKS, (A) Definitions. ‘Meandering path. When the placement of tables, chairs or other movable object causes the pedestrian corridor to shift alignment in a horizontal manner in ether direction or ‘otherwise substantially impedes continuous unobstructed pedestrian travel ‘Medetion means dis provided by the Town thats fixed to the round that denies the limits ofthe approved outdoor seating area. ‘Commented DHA Town emttin ese ‘Seca ana legates omens asameanee Operator means any person who owns, operates, or manages a business that uses or neenant ths reconmende applies to use an outdoor seating area (Outdoor seating orea means a permitted seating area on a public sidewalk that is used for seating purposes by @ permit holder. Permit holder means any person who holds @ current permit for an outdoor seating aes. Permitted business means the business that regulary and customarily sels food or drink and ig allowed to use an outdoor seating area as authorized under this section. (6) Sidewalk Use Limited; Outdoor Seating Area Permit. (2) No business may use @ public sidewalk to seat its patrons without fist obtaining @ permit for an outdoor seating ares issued by the Town. No person shal lace tables, chairs, oF other seating on a public sidewalk in conjunction with a business without fist obtaining a permit for an outdoor seating area that i sued by the Town, (2) Abusiness that regularly and customary sels food or drink may obtain a permit from the Town to operate an outdoor seating area on the terms and conditions set out in this section. The permit shall specify the specific area to be used for outdoor seating, the furniture to be used within the outdoor seating area , and the proposed arrangement ofthe furniture (2) An outdoor seating area permit authorizes limited use of the public sidewalk slong, 125 that private use does not interfere with the public interest or public use of the sidevalk. (4) The Town may temporary suspend a permit holder's use ofan outdoor seating area foc any reason and for any length of time. During periods of temporary suspension the ‘permit holder must remave its furnishings from the outdoor seating area and shall not ‘se the area, Outdoor seating areas may be prohibited during special events, paredes, ‘group demonstrations, or pickets, or for anyother reason deemed appropriate bythe Town. The Town will endeavor to give permit holders reasonable advance notice before issuing a temporary suspension, including a suspension related to a special ‘event, parade, group demonstration or picket.(5) The Town will endeavor to give permitted businesses a minimum of twenty-four (24) hours advanced notice, using information a5 provided on the permit application or renewal, of any construction, repair, pressure washing, or other maintenance activity ofthe sidewalk to allow fr the relocation of outdoor Furniture. (©) Sidewalk Areas Eligible for Outdoor Seating. ‘An outdoor seating area shall meet al ofthe following requirements (a) The buiging in which the permitted business operates must share a common ‘boundary ine with a public sidewalk. (2) the outdoor seating area shall not extend beyond the boundaries fronting the permited business, (2) The operation ofthe outdoor seating area must be related tothe sale of food or drink ‘hom the permitted business (4) the outdoor seating area shall allow a minimum fivefoot-wide unobstructed pedestrian corridor at all times, Wider pedestrian cortidors or increased clearances ‘nay be required where warranted by pedestrian traffic or other circumstances oF to ‘compl with the North Carolina Bulding Code, Americans with Disabilities Act, or other lows. Furniture in an outdoor seating area may be located next tothe curb (with two (2) feet clearance) and/or adjacent to the building, so long as clearances are maintained, ‘ommend UHR} Arai, elreque cation ‘Sng es tobe acto thebldig oy tart ‘Where existing obstructions are present (suchas fre hycrants,streetight poles or isa bean baa ein we Soa ‘other utlity structures), the corridor can be measuced to go around these ‘obstructions, povided thatthe obstruction does not exceed one foot in diameter. For tree grates, the outdoor seating area must be located at least two (2) feet from the ‘outside edge ofthe tree grate, measured from the outer edge of the grate. Pursuant to G.S. §136-27.4, eny tables, chairs, or other furnishings of an outdoor seating aea located within the right-of-way of any component ofthe State highway system must be placed at lease six (6) feet from any travel lane. The maximum posted steed limited on the roadway adjacent to such a right-of-way i 45 miles per hour. The ‘operator shall enter into an agreement with the Town and NCDOT, a required by aw. (5) Outdoor seating areas must be positioned to allow 2 pedestrian path to continue parallel tothe street without causing a meandering path, (6) Where curbside abuts on-street parking, curbside tables shall be placed parallel to the street. A minimum two (2 foot setback should be maintained from the curb edge, (7) & einimum clesrance of five (5) feet must be maintained between the outdoor seating area end edge of driveways, alleys, and handicapped ramps. A minimum Cearance of two (2) fet shall be maintained between the outdoor seating area and any edge ofa tree grate{8}, Outseor seating area at coeners must not extend to within sight triangles at street Intersections or driveway entrances. {9} Clesr unobstructed height of seven (7) feet must be maintained between the ‘sdevalk surface and overhead objects including umbrellas. (20) The outdoor seating area must not block access to puble amenities Ike street furniture, trash receptaces, and way finding or crectonal signs. (23) Theoccupancy of an outdoor seating area shall not exceed the Maximum Floor Area ‘Alowances pursuant to Table 1008.1 inthe North Carolina Building Code. (Comment UMA: Nees oI6 hi 8. (12) Above-ground Town public utes infrastructure oF transportation infrastructure ‘all rot be enclosed without written authorization of the Town, (13) Furniture must be portable and made of commercial grade material meant for ‘outdoor use. The furrituee located within the outdoor seating area may nat exceed 9 ‘dimension of forty-two (42} inches tall, forty-two (82) inches wide and forty-two (42) inches in depth, The permit holder shal keep the furniture clean, well maintained and leptin good repair. No plastic, or unfinished or pressure treated wood furniture Is permitted. Furniture shall not be stacked within the outdoor seating area or against ‘the building farade. (14) Umbretas are not allowed on tables located within ten (10) feet of Block cornet. In ‘other locations, there can be no more than two (2) umbrellas per table. (15) Lighting must not cause glare to pedestrians or vehicular trate (16)_ Lighting must not be affixed to Town trees or streetlights without a permit from the Town, (17) Outdoor seating areas must be placed in the following locations: 2. For sidewalks at east fourteen (14) feet in width the outdoor seating area may be located directly infront of the building facade, at the street edge, or in both locations ‘Commented OHS} ft etre, tain sev b. For sidewalks less than fourteen (1) feet but greater than ten (10) fet in with, the outdoor seating area may be located elther directly infront of the building Agathe Town Coun wan oper ett ss if il "Fetes dct bung fagade oat the street edge For sidewalks ten (10) feet or les in width, the outdoor seating area shall be located at the street edge. (0) Application; permit Requirements (2) A person owning, operating, or managing 2 business that regularly and customarily serves food or drinks may apply for an outdoor seating area permit on a form ‘approved by the Town, Applications shall be submitted to and administered by the ‘own Planner. At aminimum, the application form shall require 2, The name, address, and telephone numberof the business desiring to operate an outdoor seating area;