NC - Newton: Regular Meeting

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Regular Meeting

AGENDA CITY OF NEWTON

September 3, 2019

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AGENDA CITY OF NEWTON

NEWTON CITY COUNCIL - REGULAR MEETING September 3, 2019

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7:00 p.m. 1. Call to Order Mayor Anne P. Jordan

2. Opening Council Member Tom Rowe

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3. Approval of Minutes from the August 6, 2019 Regular Meeting

4. Consideration of Consent Agenda Items

A. Tax Releases

Tagged Passions:taxes and Taxes

B. Sewer Adjustments

Tagged Passions:sewer, utility, and Utility

C. Consideration of Budget Amendment Using Sue Jones Funds for Improvments to Chadwick and Little Brooke Parks

Tagged Passions:funding, budget, and parks

5. Comments from the Public: (IF YOU WOULD LIKE TO MAKE A PUBLIC COMMENT ON NON-AGENDA ITEMS PLEASE SIGN IN WITH THE CITY CLERK PRIOR TO THE

MEETING):

6. Public Hearings

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A. Consideration of Financing Capital Infrastructure Projects

7. Old Business

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A. Consideration of Resolution Approving Financing Bid Award and Resolution Approving Financing Terms

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B. Consideration of Award of Bid and Intent to Reimburse Valley Drive Water

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Rehabilitation

8. New Business

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A. Consideration of Resolution for Asset Inventory and Assessment Project Grant

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B. Consideration of Award of Bid and Budget Amendment for the Replacement of the Water Treatment Plant Supervisory Control and Data Acquisition

(SCADA)
Tagged Passions:rfp, RFP, budget, utility, Utility, water, and plant

9. City Manager s Report

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10. Questions and Comments From Mayor and Council

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A. Reports from Appointed Representatives on Outside Boards Council Member Ed Sain

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11. Adjournment

The City of Newton holds all public meetings in accessible rooms. Special requests for accommodations should be submitted by individuals at least

48 hours before the scheduled meeting time. Please call 828-695-4266 or 828-695-4261 for special accommodations.

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MINUTES REGULAR MEETING OF THE NEWTON CITY COUNCIL

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August 6, 2019 7 p.m. The regular meeting of the Newton City Council was held at 7 p.m. Tuesday, July 9, 2019 at Newton City Hall.

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PRESENT: Mayor Pro Tem John Stiver and Council Members Jerry Hodge, Anne Wepner, Jody Dixon, Tom

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Rowe and Ed Sain

ABSENT: Mayor Anne P. Jordan

STAFF: City Manager Todd Clark, City Clerk Amy S. Falowski, City Attorney John Cilley, City Department

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Heads and members of the management team

ITEM 1: CALL TO ORDER

Mayor Anne P. Jordan welcomed everyone and called the meeting to order.

ITEM 2: OPENING Invocation and Pledge of Allegiance

Council Member Ed Sain provided the invocation and Pledge of Allegiance.

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ITEM 3: APPROVAL OF MINUTES

Upon motion duly made by Council Member Jody Dixon, seconded by Council Member Jerry Hodge, it was unanimously RESOLVED:

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That the Regular Minutes of the July 9, 2019 and the July 22, 2019 City Council meetings be APPROVED

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ITEM 4: CONSIDERATION OF CONSENT AGENDA ITEMS

Upon motion duly made by Council Member Ed Sain, seconded by Council Member Tom Rowe, it was unanimously RESOLVED:

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That the Consent Agenda be APPROVED

A. Sewer Adjustments

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B. Consideration of Street Closures Bright Future Concert September 19th Foothills Folk Art Festival October 5th

Tagged Passions:streets, arts, street closure, and festival

C. Consideration of the Pyrotechnics Display Permit for the American Legion Fairgrounds

Tagged Passions:fireworks

D. Consideration to Adopt The Records Retention and Disposition Schedule for Local

Government Agencies per the North Carolina Department of Cultural Services, Division Of Archives and History

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E. Consideration of Budget Ordinance to Carry Forward Outstanding Purchase Orders at

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June 30, 2019

F. Consideration of Official Intent to Reimburse Capital Purchase of Five Police Vehicles

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(Ordinances, Resolutions and Proclamations are hereby referenced and on file in the Office of the City Clerk)

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ITEM 5: COMMENTS FROM THE PUBLIC: PEOPLE WHO WISH TO COMMENT ON NON-

AGENDA ITEMS ARE ASKED TO SIGN IN WITH THE CITY CLERK PRIOR TO THE MEETING.

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Mayor Pro Tem John Stiver asked if anyone present would like to make comment concerning non-agenda items. No one appeared.

ITEM 6: Public Hearings

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A. Consideration of Text Amendment 2019-01 To Allow Members of the Planning Commission to Serve as Members of the Board of Adjustment

Tagged Passions:planning and boards and commissions

Mayor Pro Tem John Stiver opened the Public Hearing.

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Planner Alex Fulbright stated that the Planning Department provides guidance to the Planning Commission and the Board of Adjustments (BOA) in review

of development matters as defined by the Code of Ordinance and in creating the vision of City of Newton. This guidance ensures future orderly development and economic growth that is reflective of the community s desires and needs. Mr. Fulbright stated that membership of these boards is appointed by the City Council for terms of three years with no more than four consecutive terms.
Tagged Passions:planning, ordinance, council, strategic, boards and commissions, appointments, development, Development, and growth

Mr. Fulbright stated that the Planning Commission meets on a monthly basis as needed to review development proposals and zoning amendments, among

other similar revisions. The Board of Adjustments meets on an as needed basis to review specific type requirements in a quasi-judicial manner. These reviews consist of variances, special use permits, and interpretation of staff decisions. Mr. Fulbright stated that it is important that both boards have full membership and availability to serve the city and its citizens in review of these important matters.
Tagged Passions:planning, boards and commissions, development, zoning, and Development

Mr. Fulbright stated that the Board of Adjustments last met in November 2011. Since that time, the membership of the board has declined due to term

expirations, relocations and death. Since there have been no applications submitted for review and staff turnover in the Planning Department to advise the Council of the membership deficit, the City Council has not appointed any new members and the Board of Adjustment membership is incomplete. Therefore if an application was submitted for review, an untimely delay would occur to the applicant in order to appoint and train new members.
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Mr. Fulbright explained that this issue is not unique in Newton, and that several cities and towns have seen similar issues arise due to the on-call

need for the Board of Adjustments to meet. The NC General Statues permit the combination of membership rosters for the Planning Commission and Board of Adjustments, while their duties and actions would follow course with separate board considerations and reviews.
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Mr. Fulbright stated that Planning Commission recommends approval to the City Council to amend the Code of Ordinances as attached to combine the

membership rosters of the Planning Commission and Board of Adjustments and be staffed by the present members of the Planning Commission.
Tagged Passions:planning, ordinance, council, and boards and commissions

Mayor Pro Tem John Stiver asked if anyone present would like to speak. No one appeared.

Upon motion duly made by Council Member Ed Sain, seconded by Council Member Jody Dixon, it was unanimously RESOLVED:

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That the Public Hearing be CLOSED

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Upon motion duly made by Council Member Jerry Hodge, seconded by Council Member Tom Rowe, it was unanimously RESOLVED:

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That the Ordinance to Amend the Code of Ordinances to Combine the Membership Rosters of the Planning Commission and Board of Adjustments, and be

Staffed by the Present Members of the Planning Commission be ADOPTED
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(Ordinances, Resolutions and Proclamations are hereby referenced and on file in the Office of the City Clerk)

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B. Consideration of Text Amendment 2019-02 Eliminating Chapter 82 Soil Erosion and Sedimentation Control from the Newton City Code

Mayor Pro Tem John Stiver opened the Public Hearing.

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Planner Alex Fulbright stated that Catawba County has approached the City about letting the County administer the Soil Erosion and Sedimentation

Control (SESC) Program inside the City of Newton City Limits and its Extraterritorial Jurisdiction. The County is currently delegated the authority by the State to administer the SESC Program within the entire County and the municipalities in the County with the exception of the City of Newton. The City was delegated authority by the State in 2001 prior to the County starting their program in 2005. At the time that Catawba County began their program, the City evaluated relinquishing its authority and requested that the State allow the County to administer the SESC Program within the City. Mr. Fulbright explained that at that time, there was not a compelling reason to do so. However, the State recently made some changes that have the potential to significantly increase the amount of monthly inspections that the City would have to perform. Catawba County has the staff available to meet the increased demands. In addition, this change would make it easier on developers and contractors as the SESC program would be the same agency throughout the entire County. Mr. Fulbright stated that the City would not incur any cost as result of this change and the State would still issue SESC permits to the City, as is currently the case. Staff has been in contact with the State Department of Environmental Quality and they would be willing to relinquish the City s authority to administer the SESC program and delegate that authority to the County
Tagged Passions:program and environment

Mr. Fulbright stated that It is the recommendation of staff that Council relinquish its authority to administer the State s SESC program and they

allow the County to administer the State s SESC program within the City s Jurisdiction by taking the following actions:
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1. Adoption of an ordinance to rescind the City s Soil Erosion Ordinance.

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2. Authorize the City Manager to sign the memo of agreement between the North Carolina Sedimentation Control Commission and City of Newton for the

purpose of rescinding the Commission's delegation of authority to enforce the Sedimentation Pollution Control Act.
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3. Authorize the City Manager to sign the contract between Catawba County and City Newton for

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enforcement services of Catawba County Soil Erosion and Sediment Control Ordinance within the City Limits and It s Exterritorial Jurisdiction.

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Mayor Pro Tem John Stiver asked if there was anyone present that would like to speak. No one appeared.

Upon motion duly made by Council Member Anne Wepner, seconded by Council Member Tom Rowe, it was unanimously RESOLVED:

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That the Public Hearing be CLOSED

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Upon motion duly made by Council Member Ed Sain, seconded by Council Member Jerry Hodge, it was unanimously RESOLVED:

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That the Ordinance to rescind the City s Soil Erosion Ordinance be ADOPTED

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(Ordinances, Resolutions and Proclamations are hereby referenced and on file in the Office of the City Clerk)

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ITEM 7: New Business

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A. Consideration of Memorandum of Agreement Between the North Carolina Sedimentation Control Commission and City of Newton

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Upon motion duly made by Council Member Jerry Hodge, seconded by Council Member Jody Dixon, it was unanimously RESOLVED:

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That the City Manager be AUTHORIZED to sign the Memo of Agreement between the North Carolina Sedimentation Control Commission and City of Newton for

the purpose of rescinding the Commission's delegation of authority to enforce the Sedimentation Pollution Control Act
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B. Consideration of Contract Between Catawba County and City of Newton for Enforcement of

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Soil Erosion and Sedimentation Control Regulations

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Upon motion duly made by Council Member Anne Wepner, seconded by Council Member Ed Sain, it was unanimously RESOLVED:

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That the City Manager be - AUTHORIZED to sign the Contract Between Catawba County and City Newton for Enforcement Services of Catawba County Soil

Erosion and Sediment Control Ordinance within the City Limits and It s Exterritorial Jurisdiction
Tagged Passions:ordinance, contract, services, administrator, and manager

C. Consideration to Approve Public Art Commission By-Laws

Tagged Passions:boards and commissions and arts

City Manager Todd Clark stated that the Newton Public Art Commission adopted bylaws shortly after it was founded in 2017, and that modifications of

such bylaws have been made over the past two years. The commission proposes the attached bylaws for the transaction of business subject to the approval of city council.
Tagged Passions:business, council, boards and commissions, arts, administrator, and manager

Approve the attached proposed Newton Public Art Commission bylaws. Upon motion duly made by Council Member Jerry Hodge, seconded by Council Member

Anne Wepner, it was unanimously RESOLVED:
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That the Proposed Newton Public Art Commission bylaws be APPROVED

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(Ordinances, Resolutions and Proclamations are hereby referenced and on file in the Office of the City Clerk)

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ITEM 8: City Manager s Report

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Meetings Events

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August 11th Symphony on the Square, 7:30 p.m. August 22nd Western Piedmont Council of Governments Mayors/Chairs/Managers, Cedar Rock

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Golf Country Club, Lenoir Sept. 9th Bright Future Concert, 3:30p.m. 10:00 p.m. Frank and Sue Jones Amphitheatre Recruiting to Begin for Newton 101

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ITEM 9: Questions and Comments from Mayor and Council

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Mayor Pro Tem Stiver asked if there were any questions or comments from City Council.

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Mayor Pro Tem John Stiver gave reports on the Tree Board and ElectriCities.

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ITEM 10: Adjournment

Upon motion duly made by Council Member Jody Dixon, seconded by Council Member Ed Sain, it was unanimously RESOLVED: That the Meeting be ADJOURNED

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________________________________ Anne P. Jordan, Mayor

_________________________________ Amy S. Falowski, City Clerk

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CITY OF NEWTON

Inter-office Correspondence

TO: E. Todd Clark, City Manager DATE: August 19, 2019

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RE: Tax Releases July 2019

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FROM: Vickie Thomas, Finance Director

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The following tax releases have been received from the Catawba County Tax Collector. The reason for each release is annotated beside the name.

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Tax Year Tax Release Number

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Name Reason Amount of Release

2019 1 Mary C. Anderson

Elderly exemption

removed due to property being sold. Rebilled correct owner.

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212.76

2019 2 Blythe Construction

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Inc

Bill less than minimum amount

0.35

2019 3 Reginald W. Bowman

Bill less than minimum amount

0.46

2019 4 Dennis W. Byrd

Bill less than minimum amount

0.18

2019 5 Raymond C. Call II

Bill less than minimum amount

0.09

2019 6 Linville P Couch

Bill less than minimum amount

0.09

2019 7 Dell Equipment Funding LP

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Bill less than minimum amount

0.06

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2019 8 Dishnet Satellite

Broadband LLC

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Bill less than minimum amount

0.17

2019 9 Alton E. Eskridge

Bill less than minimum amount

0.36

2019 10 Efrain Godoy- Diego

Bill less than minimum amount

0.16

2019 11 Hallmark Marketing Co.,

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LLC

Bill less than minimum amount

0.10

2019 12 Joel A. Hernandez

Romero

Bill less than minimum amount

0.31

2019 13 Woodrow W. Houser

Bill less than minimum amount

0.41

2019 14 William L. Jenkins

Bill less than minimum amount

0.24

2019 15 Eva W. Jennings

Bill less than minimum amount

0.32

2019 16 Allen C. Johnson, Sr.

Bill less than minimum amount

0.45

2019 17 Richard G. McCrary

Bill less than minimum amount

0.09

2019 18 Steve A. Poteet Bill less than minimum amount

0.27

2018 19 Karen E. Reed Small underpayment

0.09

2019 20 Dennis W. Sigmon

Bill less than minimum amount

0.27

2019 21 Jacob A Smith Jr.

Bill less than minimum amount

0.18

2019 22 Nancy T. Stewart

Bill less than minimum amount

0.27

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2019 23 Superior Plus Energy

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Bill less than minimum amount

0.15

2019 24 Alvin L. Tipps Bill less than minimum amount

0.48

2019 25 Joyce B. Warren

Value change 168.48

2019 26 Rodney G. Wike

Situs error 1.08

Should you have any questions or need clarification, please notify. Releases are submitted as required by NCGS 105-381(b).

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CITY OF NEWTON

Sewer Adjustments

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TO: E. Todd Clark, City Manager DATE: 08/20/2019 RE: Sewer Adjustments 09/03/2019 FROM: Vickie Thomas, Finance Director

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The following sewer adjustment is recommended for approval. The adjustment is recommended as a result of a water leak at the service address or a

pool fill up.
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Account Number

Name Service Address Adjustment Period

Amount of Adjustment

67000180-001 Halbert Turner 604 N Gaither Ave July-Pool 35.56

46000340-003 Sonya Coker 1107 Sandhurst Dr Aug-Pool 93.28

46000660-002 Alejandro Ruelas

321 Kilborne Dr Jun-Jul 147.65

Backup documentation to support each adjustment is on file in the Finance Department. Should you have questions or require further clarification,

please notify.
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CITY OF NEWTON REQUEST FOR COUNCIL ACTION

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DATE: August 27, 2019

TO: Mayor and City Council

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FROM: Todd Clark, City Manager

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CONSIDERATION OF: Consideration of Budget Amendment Using Sue Jones Funds for Improvements to Chadwick Park and Little Brooke Park

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Approved for Council Consideration

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________________________ Background:

The City Council has considered the utilization of proceeds from the Jones estate on several occasions. According to Lillian Sewell Jones will, there

must be two unanimous votes by two seated City Councils that are at least 2 years and 3 months apart. The first unanimous vote occurred January 8, 2013, at the regularly scheduled council meeting, and the second unanimous vote occurred January 9, 2018.

During the January 23, 2018, Council/Staff Workshop, City Council discussed projects on which to spend the proceeds. The three projects agreed upon

were an amphitheater, splash pad, and ballfield lighting at Jacob Fork Park.
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City Council has also discussed using Jones funds to create pocket parks. Three locations have been identified as possible locations. These locations

are Chadwick Park, Little Brooke Park and the area off of Hwy 10 at the Greenway entrance. These locations exist by name and are not set up in a manner to be utilized. Staff is asking City Council to allow Jones estate funds to be used for improvements to these locations so that the public would be able use them.
Tagged Passions:funding, council, and parks

The location near the Greenway entrance will need to be put on hold temporarily until Duke Power finishes with improvements planned for that area.

The pricing breakdown for the other two locations is as follows:
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Chadwick Park Little Brooke Park Absolute Tree Care- 15,595.00 (1) 6 ft. picnic table- 600.00 (1) 6 ft. picnic table- 600.00 (1) Trash can- 475.00

(1) Trash can- 475.00 (1) Signage- 1,720.00 (1) Signage- 1,720.00 (1) Grill- 240.00
Tagged Passions:restaurants, advertising, signage, parks, and trees

Total- 18,630.00 Total- 2,795.00

Recommendation: City Council authorize staff to use Sue Jones estate funds in the amount of 21,425.00 to make improvements and purchase furnishings

for Chadwick Park and Little Brooke Park.
Tagged Passions:funding, council, purchasing, and parks

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ORDINANCE

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AN ORDINANCE TO AMEND REVENUES AND EXPENDITURES FOR FISCAL YEAR 2019-2020 FOR THE CITY OF NEWTON.

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WHEREAS, the City Council of the City of Newton have adopted a Budget Ordinance for fiscal year beginning July 1, 2019 and ending June 30, 2020, in

accordance with the General Statutes of the State of North Carolina; and
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WHEREAS, City Council has agreed to use Sue Jones estate principal funds for improvements to Chadwick Park and Little Brook Park; and,

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Whereas, the City has obtained pricing of 21,425 for the improvements to both parks; and,

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WHEREAS, the City Council desires to appropriate fund balance from Frank and Sue Jones Funds and authorize the related expenditure appropriation

within the Parks operating budget.
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NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEWTON, NORTH CAROLINA, THAT:

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THE FOLLOWING SOURCE OF REVENUE AND APPROPRIATION ARE HEREBY APPROVED.

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General Fund Revenues Fund Balance Appropriated-Frank/Sue Jones 11-0000.3993 21,450


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