Newton council approves exemption so city can hire council member’s food truck for staff luncheon

Newton City Council unanimously approved a resolution on Aug. 4 that exempts the city from North Carolina General Statute 14-234 so it may hire a food truck owned and operated by Council Member Anne Wepner for a staff appreciation luncheon scheduled for Aug. 21, 2020.

City Manager Todd Clark presented the item and said city staff recommended approval of a resolution that would permit the city to use Wepner’s business despite the general prohibition against public officers or employees directly benefiting from public contracts. According to the minutes, Clark described the event and the requested exemption from the statute.

Council Member Anne Wepner asked to be excused from consideration of the resolution; the council first voted to excuse her from consideration and then, upon motion by Council Member Ed Sain and second by Council Member Jody Dixon, unanimously approved the exemption resolution. The minutes record the actions as “unanimously RESOLVED.”

The exemption applies only to the limited purpose described at the meeting: providing food service for a city staff appreciation event on the date specified. The minutes do not include an ordinance or resolution number, nor do they list individual roll-call votes; the record shows unanimous approval.

Votes at a glance

- Motion to approve minutes from July 7, 2020 — moved by Council Member John Stiver, seconded by Council Member Jerry Hodge; approved unanimously. - Consent agenda (sewer adjustments; carryforward of outstanding purchase orders; official intent to reimburse a capital purchase in FY2020-21) — approved unanimously. - Motion to excuse Council Member Anne Wepner from consideration of the exemption — approved unanimously. - Resolution exempting the City of Newton from N.C. Gen. Stat. § 14-234 to permit use of Council Member Anne Wepner’s food truck for an Aug. 21 staff luncheon — moved by Council Member Ed Sain, seconded by Council Member Jody Dixon; approved unanimously.

City Manager’s report and other business

Manager Todd Clark presented a brief report listing the next council meeting (Sept. 1) and updates on utility balances, streetscape work, the census, the DNDA business recovery grant, a planned fire truck purchase, a water treatment plant filter rehabilitation, and a City Lake retaining wall project. Council Member Anne Wepner later gave reports on the Downtown Newton Development Association and the Newton Public Art Commission. The meeting adjourned by unanimous motion.

What the record does and does not show

The minutes record the council’s actions and the stated purpose for the exemption but do not record a resolution number or a roll-call showing how each member voted. The minutes state the exemption was approved unanimously; they do not include contract terms, pricing, or documentation of any formal procurement process for the food truck service. The council’s approval, as recorded, is limited to the specific event described in the minutes.