Town Council Regular Meeting November 20, :30 a.m.

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1 Town Council Regular Meeting November 20, :30 a.m. 1. Call to Order 2. Pledge of Allegiance 3. Public Comment 4. Approval of the Agenda 5. Consent Agenda A. Minutes from the October 11, 2018 Work Session B. Minutes from the October 16, 2018 Regular Meeting 6. Public Hearing A. Unnamed ROW Closure Request Harrison Stewart 7. Old Business A. Fleetwood Historical Marker B. Tank Maintenance Contract 8. New Business A. Subdivision Review Crossway Falls B. Adoption of Codified Laurel Park Code of Ordinances C. Resolution , Approving Water Shortage Response Plan D. Resolution , Approving Local Water Supply Plan 9. Town Manager s Report 10. Department Head Reports A. Public Works B. Police C. Administration 11. Mayor and Commissioner Comments 12. Adjournment

2 Notable Dates 2018 Nov. 22 & 23 Thurs & Fri Thanksgiving Holidays Town Offices All Day Closed November 27 Tuesday ABC Board Meeting 8:30 am Meeting held at the Laurel Park ABC Store November 30 Friday Town Employee Annual Dinner 6 pm 8 pm Echo Mountain Inn December 5 Wednesday Broadband Meeting 10 am 12 pm First Congregational Church December 5 Wednesday Land-of-Sky Annual Dinner TBD December 11 Tuesday Parks & Greenways Board Meeting 9:30 am December 11 Tuesday Planning Board Meeting 3:00 pm December 13 Thursday Council Work Session 9:30 am December 18 Tuesday Council Regular Meeting 9:30 am December 18 Tuesday ABC Board Meeting 8:30 am Meeting held at the Laurel Park ABC Store Dec Mon - Wed Christmas Holidays Town Offices Closed All Day Notable Dates 2019 January 1 Tuesday New Year s Day Town Offices Closed All Day January 8 Tuesday Parks & Greenways Board Meeting 9:30 am January 8 Tuesday Planning Board Meeting 3:00 pm January 10 Thursday Council Work Session 9:30 am January 10 Thursday Board of Adjustment Meeting 4:00 pm January 15 Tuesday Council Regular Meeting 9:30 am January 21 Monday Birthday of Martin Luther King, Jr. Town All Day Offices Closed January 22 Tuesday ABC Board Meeting 8:30 am Meeting held at the Laurel Park ABC Store February 12 Tuesday Parks & Greenways Board Meeting 9:30 am February 12 Tuesday Planning Board Meeting 3:00 pm February 14 Thursday Council Work Session 9:30 am February 19 Tuesday Council Regular Meeting 9:30 am February 26 Tuesday ABC Board Meeting 8:30 am Meeting held at the Laurel Park ABC Store February 28 Thursday Council Planning Retreat 9:00 am Hendersonville Country Club March 12 Tuesday Parks & Greenways Board Meeting 9:30 am March 12 Tuesday Planning Board Meeting 3:00 pm March 14 Thursday Council Work Session 9.30 am March 14 Thursday Board of Adjustment Meeting 4:00 pm March 19 Tuesday Council Regular Meeting 9:30 am March 26 Tuesday ABC Board Meeting 8:30 am Meeting held at the Laurel Park ABC Store Laurel Park Town Council Meeting Agenda November 20, 2018 Page 2

3 6.A. Unnamed ROW Closure Request Harrison Stewart At the September 18, 2018 Council meeting, Council adopted a Resolution of Intent to close the unopened right-of-way (ROW) for an unnamed road which divides parcel (REID ) and called for a Public Hearing to be held today, in accordance with NCGS 160A The resolution was published for four (4) successive weeks in the Hendersonville Lightning, mailed to adjoining property owners, and posted in two (2) locations on the property. The requestor, Harrison Stewart, reimbursed the Town for the public notification costs. Anyone may speak and advocate a position at the public hearing. After closing the hearing, Council may vote to adopt an order closing the street. If passed, the order is recorded with the Register of Deeds, and the street is closed. Attachment(s): Applicant Letter, dated September 14, 2018 Resolution , Ordering the Closure of the Unnamed Unopened ROW located on parcel Suggested Motion: To approve Resolution , Ordering the Closure of the Unnamed Unopened ROW located on parcel , as presented at the November 20, 2018 Council Meeting. Laurel Park Town Council Meeting Agenda November 20, 2018 Page 3

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6 Town of Laurel Park 441 White Pine Drive Laurel Park NC A RESOLUTION ORDERING THE CLOSING OF THE UNOPENED, UNNAMED ROAD WHICH DIVIDES PARCEL (REID ) WHEREAS, on the 18 th day of September 2018, the Town Council of the Town of Laurel Park directed the Town Clerk to publish the Resolution of Intent to consider closing the unopened, unnamed road in the Hendersonville Lightning newspaper once each week for four successive weeks, such resolution advising to the public that a hearing would be conducted in Town Hall on November 20, 2018, at 9:30 a.m.; and, WHEREAS, the Town Council on the 18 th day of September 2018, ordered the Town Clerk to notify all persons owning property abutting the unopened, unnamed road proposed for closing as shown on the county tax records, by registered or certified mail, enclosing with such notification a copy of the Resolution of Intent; and, WHEREAS, the Town Clerk has advised the Town Council that she sent a copy of the Resolution of Intent to each owner of property adjoining that portion of said street to be closed, said letters having been sent by registered or certified mail; and, WHEREAS, the Town Clerk has advised the Town Council that adequate notices were posted on the applicable street(s) as required by G.S. 160A-299; and, WHEREAS, after full and complete consideration of the matter and after having granted full and complete opportunity for all interested persons to appear and register any objections that they might have with respect to the closing of said Street in the public hearing held on November 20, 2018; and, WHEREAS, it now appears to the satisfaction of the Town Council that the closing of said street is not contrary to the public interest, and that no individual owning property, either abutting the street, in the vicinity of the street, or in the subdivision in which the street is located, will, as a result of the closing, be thereby deprived of a reasonable means of ingress and egress to his property; a description of the area is as follows: located at parcel (PIN ). Parcel is all of Lots 1,2,3,4,5 and a portion of Lots 6 and 7, Block 5, Echo Lake Section, Laurel Park Estates, as shown by map thereof recorded in Map Book 2, at page 187, now B/196, and all of Lot 34 Echo Mountain, Section 2, Plat 2/161, now B/183 of the Henderson County Registery.

7 NOW, THEREFORE, the unopened, unnamed road as described is hereby ordered closed, and all right, title, and interest that may be vested in the public to said area for street purposes is hereby released and quitclaimed to the abutting property owners in accordance with the provisions of G.S. 160A-299, and the condition that the resulting lot may be subdivided into no more than two (2) lots for the purposes of constructing dwelling units. The Mayor and Town Clerk are hereby authorized to execute quitclaim deeds or other necessary documents in order to evidence vesting all right, title, and interest in those persons owning lots or parcels of land adjacent to the street or alley, such title, for the width of the abutting land owned by them, to extend to the centerline of the herein closed street in accordance with the provision of G.S. 160A-299(c). The Town Clerk is hereby ordered and directed to file, in the Office of the Register of Deeds of Henderson County, a certified copy of this resolution and order. Signed this 20 th day of November ATTEST: J. Carey O Cain, Mayor Kimberly B. Hensley, CMC Town Clerk

8 7.A. Fleetwood Historical Marker At the September 13, 2018 Work Session, Council discussed a request from Fleetwood Plaza to relocated the Fleetwood Hotel Historical Marker. Commissioner Hansen suggested the Fleetwood Regime mark the proposed location for the marker and notify Council for review. A Fleetwood representative ed the attached mockups, and a representative of the Board will attend the meeting to discuss. The Town has received no complaints or comments about the current location of the marker. Attachment(s): Proposed marker relocation from Fleetwood Plaza Regime. Suggested Motion: None. Laurel Park Town Council Meeting Agenda November 20, 2018 Page 4

9 Fleetwood Plaza Hotel Historical Marker Relocation A. Under street light to the left of water feature. This allows for best vehicle pull over (in and out) and does not block the view of the water feature. B. If sign must be on town right of way, then this allows for vehicle pull over past the sign. A B

10 7.B. Tank Maintenance Contract During the FY 2019 Budget meetings, Council asked Ms. Alexander and Mr. Griffin to review the Town s tank maintenance contract with Southern Corrosion, which began in September Gavin Harrell with Southern Corrosion will be in attendance to answer any questions Council may have. The current 2012 contract includes interior cleaning of each tank every 5 years. Every tank except Fleetwood #2 will have the interior painted every 15 years, and exterior painted every 7 years. After review, the only change that could be made to reduce the cost is to extend the length between exterior painting from 7 years to 9 years. The original contract contained a buyout provision, with funds due to Southern Corrosion if the Town cancelled before the end of 6 th year, which was 9/1/2017 8/31/2018. The current contract may now continue without a buyout requirement. The annual contract cost in FY 2018 was $35, The amount is adjusted annually, based on a CPI index. The proposed contract, to begin January 1, 2019, reduces the annual contract cost to $27,641.00, and maintains the same CPI adjustment. Annual Cost Current $ 35, New Annual $ 27, Difference $ 7, % Council may decide to switch to the new contract or continue under the existing contract. Attachment(s): 1-page Tank Maintenance Schedule Comparison Proposed Southern Corrosion Tank Management Contract Amendment #1 Suggested Motion: To continue with the existing Tank Management Agreement with Southern Corrosion, Or To approve the proposed Contract Amendment #1 to the Tank Management Agreement with Southern Corrosion. Laurel Park Town Council Meeting Agenda November 20, 2018 Page 5

11 Tank Maintenance Schedule Exterior paint Interior paint Interior washout Hebron # new current 2022 Hebron # new current 2023 Echo new current 2024 Apple House # new current 2025 Apple House # new current 2024 Sky Village new current 2024 Fleetwood # new current 2024 Fleetwood # Intervals Exterior Interior paint Interior clean was 7 years, moved to 9 yrs 15 years 5 years

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13 8.A. Subdivision Review Crossway Falls The owner of the parcel , located near the Country Ridge subdivision, would like to divide the parcel into five (5) parcels. The plat was reviewed by the Planning Board on October 23, 2018, unanimously recommended approval, modified with the inclusion of an easement for maintenance of the private sewer lines used by Country Ridge and the applicant. The division will not involve right-of-way dedication, and the resultant lots exceed the standards of the R-30 Zoning district. The attached Plat Review provides a more detailed analysis of the plat. The applicant, Eric Green, will be in attendance to answer any questions. Attachment(s): Preliminary Subdivision Plat Review - PIN Preliminary Plat Checklist Minutes from the October 23, 2018 Planning Board Meeting Suggested Motion: Approval of the preliminary subdivision plat, as recommended. Laurel Park Town Council Meeting Agenda November 20, 2018 Page 6

14 Town of Laurel Park Preliminary Subdivision Plat Review Prepared For: The LP Planning Board Prepared By: Andrew Bowen Preparation Date: September Applicant Information Subdivider s Name: Crossway Properties/ Eric R. Green Land Owner of Record s Name: Pensco Trust Company, LLC Subdivision Information Subdivision Name: Crossway Falls Date of Plat Preparation: September Location of Subdivision: A. Township: Town of Laurel Park B. County: Henderson County C. State: NC

15 Name and Seal of Registered Surveyor Preparing Plat: Gary Corn L-2431 Deed Book Reference: 3231, Page 316 Plat Slide Adjacent Property Owners Jack Davis John and Myra Glowacki Cynthia and Thomas Smith Country Ridge Condos /4838 Site Information Existing Zoning District: R-30 Existing Roads: Access will be required from both Country Ridge Rd. and Woodbridge Dr. Natural Features: In its current the lot is completely wooded. Two small stream heads converge on the southeastern side of the property Watershed District: Upper French Broad River WS-IV (Developable up to two dwellings per acres) Existence of Floodplain: None Present on Parcel Topographic Profile: The property consists of two prominent hills that slope downward until meeting the confluence of two stream heads. All proposed house pads are located on the northwestern side of the property (left of stream), which is the area of flattest grade. In looking at the contours this hill slopes downward approximately 120 form it highest point.

16 DImensional Information Note: All lots conform with the required dimensional standards. Lots 1 and 2 are irregularly plotted flag lots, but as they are greater than 30, they are within compliance. (section 203). Said platting style is currently permitted under the Town s subdivision ordinance. Total Area: 3.59 AC Project Density: Low Number of Proposed Lots: 5 Minimum Lot Size Required within Zone: 30,000 sq. ft. Lot size by Parcel: 1. 30,100 sq. ft ,100 sq. ft ,557 sq. ft ,100 sq. ft ,433 sq. ft. Graphical Requirements Note: All graphical requirements have been provided except for (g) topographical information. 10 contour lines have been provided in this report. If needed, topo should be provided on another plat as to maintain legibility. North Arrow Scale (denoted graphically and numerically)

17 A Sketch Vicinity Map Tract Boundaries: See first page Infrastructural Requirements Electric and Communications: All proposed electric and communications lines are shown as being underground. See plat for further detail. Street Lines and Profiles: As mentioned earlier in the report Country Ridge Rd. and Woodbridge Drive will be the access points for these lots. No added street profiles have been submitted, as only driveways will be required for parcel access. Water and Sewer Layout: All lots will be served by an 8 sewer service along with a 6 water service. Sewer lines are shown passing internally while access to water lines will occur at access roads. Note: A statement by a N.C. registered engineer, specifying that the water and/or sewer system will be designed and constructed to the N.C. state standards has not been provided. All profiles need to be submitted to the Town Engineer. Drainage System: Easements of 5 per side have been provided on all interior lot lines while 10 per side has been platted for drainage system and utility placement. As there are no proposed streets, planned drainage systems have not been provided to control stormwater. Insomuch, runoff from newly created impervious surfaces will follow driveways and the naturally occuring depressions on the lot. Other Improvements Bike and ped Infrastructure and Open Space: No sidewalk improvements or other pike and ped facilities are proposed for construction. No open space has been provided. Erosion Control Note: No written documentation has been provided from the Henderson County Erosion Control Division stating that any required documentation has been submitted and reviewed. This will be mandatory prior to any grubbing or grading begins. Final Notes: From my review, I can see no reason why this preliminary subdivision plat does not meet all applicable subdivision and zoning code requirements. While there were deficiencies found (no topo), such is a simple addition.

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21 Town of Laurel Park Minutes of the Planning Board October 23, :00 p.m. The Laurel Park Planning Board met at Town Hall on October 23, 2018 at 3:00 p.m. Members Present: Chairman Dave Adams, Vice-Chairman Derek Allen, Gray Miller, and Jeffrey Pieper. Absent: Keith Dalbec and Ed Elliot. Also present: Town Manager Alison Alexander, Andrew Bowen of JM Teague Engineering & Planning, and Commissioner Paul Hansen. APPROVAL OF THE AGENDA The agenda, amended to address Item 6.A. Subdivision Review Crossway Falls to immediately after Item 3. Approval of Minutes, was unanimously approved on motion by Derek Allen. APPROVAL OF MINUTES OF SEPTEMBER 11, 2018 MEETING Minutes of the September 11, 2018 meeting were unanimously approved on motion by Jeffrey Pieper. NEW BUSINESS SUBDIVISION REVIEW CROSSWAY FALLS Ms. Alexander said Eric Greene, the owner of parcel , located near the Country Ridge subdivision, would like to divide the existing parcel into five (5) parcels. The plat must go through the Town s subdivision approval process, which involves Planning Board review and Town Council approval. She said the division will not involve right-of-way dedication, and the resultant lots exceed the standards of the R-30 Zoning district. Mr. Bowen reviewed the Plat Review report with the Board. Mr. Greene presented the plat to Council, and said he intends to construct five (5) houses, of approximately 2,000 square feet, with attached garages. He said the lots were laid out to avoid the natural stream on the property, and he marked the building sites on each lot. Chairman Adams asked Mr. Greene if he would answer questions from the audience, and Mr. Greene said yes. Questions from the public included the location of driveways, electrical lines, an existing retaining wall, and a private sewer line. Mr. Greene said his surveyor located the sewer line via the cleanouts, and it is 8 to the Hendersonville sewer line in Country Ridge Road, with a 4 and a 6 connection from the Country Ridge units. He said the depth of the line may vary, but it is several feet below the surface. After a discussion of the sewer line, Chairman Adams asked how the Country Ridge residents maintain the sewer lines now, and several residents said they enter the property now owned by Mr. Greene to make repairs as needed. Chairman Adams said there should be protection for everyone using the sewer line, and asked Mr. Greene if he would agree to place an easement for maintenance of the sewer line on the property for the affected units in Country Ridge A. Mr. Greene agreed. Ms. Alexander said they would pull a standard width to include, prior to final plat approval. Mr. Pieper said topography and drainage may be a matter for Mr. Greene to pay particular attention to during the construction of homes, but he was comfortable with the subdivision. The approval of the subdivision plat, as modified with the inclusion of an easement for maintenance of the private sewer lines, was unanimously approved on motion by Jeffrey Pieper.

22 OLD BUSINESS Zoning Ordinance Revisions Review changes in previously reviewed Articles: Article 1 Legal Provisions, Article 2 Zoning District Provisions, Article 3 General Provisions for All Districts, and Article 4 Parking and Loading. Ms. Alexander said this is an attempt to move Articles to an approved status by the Board for review by the Town Attorney and Town Council. After reviewing the edits suggested by Mr. Bowen, it was the consensus of the Board to move Article 1 Legal Provisions, to an approved status. The Board reviewed Article 2 Zoning District Provisions, and suggested the zoning map be removed for clarity. After an initial review of Section 2.5 Land Use Table, it was decided to allow the Board more time to review Articles 2-4 prior to the meeting on November 13, 2018, as it has been over a year since the Board last reviewed. Discuss Meeting Schedule Return to Twice Monthly Meeting Schedule? It was the consensus of the Board to discuss a bi-monthly meeting schedule at the next meeting. Mr. Bowen asked the Board if they would consider planning a longer meeting for the ordinance review in January, of three to four hours in length. Chairman Adams said he was open to the idea, and the Board could finalize the date and time in November or December. ADJOURNMENT There being no further business, the meeting was adjourned at 4:36 p.m. on motion by Derek Allen. David Adams, Chairman Minutes of the Laurel Park Planning Board October 23, of 2

23 8.B. Adoption of Codified Laurel Park Code of Ordinances In 2017 the Town contracted with American Legal Services to codify the Town s ordinances. Although not required for Towns with a population of less than 5,000, it is a best practice to provide easy access to the Town s ordinances and updates. The codification contains the Town s general ordinances; when the Town adopts modifications to the Zoning Ordinance, it may also be codified. During the codification process, the ordinances were reviewed for compliance with current state law, cross-referenced, and indexed. When appropriate, grammar was corrected, or words/phrases changed for consistency within the same chapter. After adoption, the link to the online ordinances will be placed on the Town s website, replacing the current listing of PDFs. Additionally, Town staff now have notebooks containing the current ordinance, for reference. Attachment(s): Ordinance An Ordinance Adopting A Codification of The Ordinance of The Town of Laurel Park, North Carolina, Entitled, The Code of Laurel Park, North Carolina. Suggested Motion: To approve Ordinance , as presented. Laurel Park Town Council Meeting Agenda November 20, 2018 Page 7

24 Ord ADOPTION OF CODE AN ORDINANCE ADOPTING A CODIFICATION OF THE ORDINANCE OF THE TOWN OF LAUREL PARK, NORTH CAROLINA, ENTITLED, THE CODE OF LAUREL PARK, NORTH CAROLINA. WHEREAS, the Town is required to maintain a true copy of each ordinance adopted by the Town Council, and may elect to adopt and issue a code of its ordinance in any method that gives legible and permanent copies (NCGS 160A-77 and 106A-78); NOW BE IT ORDAINED by the Town Council of the Town of Laurel Park, North Carolina: Section 1. There is hereby adopted by the town council that certain Code entitled, The Code of Laurel Park, North Carolina, containing certain ordinances of a general and permanent nature as compiled, consolidated, codified and indexed in Chapters 10 to 152, both inclusive, of which Code is now filed in the office of the Town Clerk, the index of which is attached to this ordinance. Section 2. The provisions of such Code shall be in force on and after November 20, 2018 and all ordinances of a general and permanent nature heretofore adopted on final reading and passed by the town council of the Town of Laurel Park, North Carolina, and which are not contained in such Code are hereby repealed from and after November 20, 2018, except as hereinafter provided. Section 3. The repeal provided for in the preceding section of this ordinance shall not affect any offense or act committed or done or any penalty or for forfeiture incurred or any contract or right established or accruing before November 20, 2018; nor shall such repeal affect any ordinance or resolution promising or guaranteeing the payment of money for the Town or any evidence of the town s indebtedness or any contract or obligation assumed by the Town; nor shall it affect any annual tax levy; nor shall it affect any right or franchise conferred by ordinance or resolution of the Town on any person or corporation; nor shall it affect any ordinance adopted for purposes which have consummated; nor shall it affect any ordinance which is of limited interest or transitory nature; nor shall it affect any ordinance naming, renaming, opening, accepting or vacating streets or alleys in the town; nor shall it affect any ordinance relating to zoning; nor shall it affect any ordinance adopting or amending any budget. Section 4. Whenever in the Code adopted by this ordinance or in any other ordinance or resolution of the Town or in any rule, regulation or order promulgated by any officer or agency of the town under authority duly vested in him or it, any act is prohibited or is made or declared to be unlawful, or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, and no specific penalty is provided therefore, the violation of any such provision of such Code or any other ordinance or resolution of the Town or

25 such rule, regulation or order shall be punished as stated in Section General Penalty of the Code. Section 5. It is hereby declared to be the intention of the Town Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance and the Code hereby adopted are severable, and if any phrase, clause, sentence, paragraph, or section of this ordinance or the code hereby adopted shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutional or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance or the Code hereby adopted. Adopted this 20 th day of November ATTEST: J. Carey O Cain Mayor Kimberly B. Hensley, CMC Town Clerk

26 NORTH CAROLINA HENDERSON COUNTY I, Heather M. Smith, Notary Public for said County and State, certify that Kimberly B. Hensley personally came before me this day and acknowledged that she is Town Clerk of the Town of Laurel Park, a corporation, and that, by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by J. Carey O Cain, Mayor of the Town of Laurel Park, sealed with its corporate seal, and attested by herself as Town Clerk. Witness my hand and official seal, this 20 th November, (Official Seal) Heather M. Smith, Notary Public My commission expires October 9, 2023.

27 8.C. Resolution , Approving Water Shortage Response Plan & 8.D. Resolution , Approving Local Water Supply Plan North Carolina General Statute (l) requires that each unit of local government providing public water service to prepare and submit a Local Water Supply Plan (LWSP) and Water Shortage Response Plan (WSRP). The LWSP is prepared annually, and the WSRP updated a minimum of every 5 years. Ms. Alexander prepared and submitted both plans to the state earlier in 2018 and received the approval letters for each Plan in November. There have been little changes to either plan since 2013 the Town s population and system remain stable, the purchase contract with Hendersonville was renewed in 2017, and the Town follows Hendersonville s conservation thresholds during a drought. The LWSP is available online: The WSRP is available online: Attachment(s): Resolution , Approving Water Shortage Response Plan Resolution , Approving Local Water Supply Plan Suggested Motion: To approve Resolution , Approving Water Shortage Response Plan, as presented. AND (as a separate motion) To approve Resolution , Approving Local Water Supply Plan, as presented. Laurel Park Town Council Meeting Agenda November 20, 2018 Page 8

28 TOWN OF LAUREL PARK RESOLUTION APPROVING WATER SHORTAGE RESPONSE PLAN WHEREAS, North Carolina General Statute (l) requires that each unit of local government that provides public water service and each large community water system shall develop and implement water conservation measures to respond to drought or other water shortage conditions as set out in a Water Shortage Response Plan and submitted to the Department for review and approval; and WHEREAS, as required by the statute and in the interests of sound local planning, a Water Shortage Response Plan for the Town of Laurel Park has been developed and submitted to the Laurel Park Town Council for approval; and WHEREAS, the Laurel Park Town Council finds that the Water Shortage Response Plan is in accordance with the provisions of North Carolina General Statute (l) and that it will provide appropriate guidance for the future management of water supplies for the Town of Laurel Park as well as useful information to the Department of Environment and Natural Resources for the development of a state water supply plan as required by statute; NOW, THEREFORE, BE IT RESOLVED by the Laurel Park Town Council that the Water Shortage Response Plan entitled, Town of Laurel Park Water Shortage Response Plan PWSID No , dated May 2018, is hereby approved and shall be submitted to the Department of Environment and Natural Resources, Division of Water Resources; and BE IT FURTHER RESOLVED that the Laurel Park Town Council intends that this plan shall be revised to reflect changes in relevant data and projections at least once every five years or as otherwise requested by the Department, in accordance with the statute and sound planning practice. Adopted this 20 th day of November ATTEST: J. Carey O Cain, Mayor Kimberly B. Hensley, CMC Town Clerk

29 TOWN OF LAUREL PARK RESOLUTION APPROVING LOCAL WATER SUPPLY PLAN WHEREAS, North Carolina General Statute (l) requires that each unit of local government that provides public water service or that plans to provide public water service and each large community water system shall, either individually or together with other units of local government and large community water systems, prepare and submit a Local Water Supply Plan; and WHEREAS, as required by the statute and in the interests of sound local planning, a Local Water Supply Plan for the Town of Laurel Park has been developed and submitted to the Laurel Park Town Council for approval; and WHEREAS, the Laurel Park Town Council finds that the Local Water Supply Plan is in accordance with the provisions of North Carolina General Statute (l) and that it will provide appropriate guidance for the future management of water supplies for the Town of Laurel Park as well as useful information to the Department of Environmental Quality for the development of a state water supply plan as required by statute; NOW, THEREFORE, BE IT RESOLVED by the Laurel Park Town Council that the Water Shortage Response Plan entitled, 2017 Town of Laurel Park Local Water Supply Plan, is hereby approved and shall be submitted to the Department of Environment and Natural Resources, Division of Water Resources; and BE IT FURTHER RESOLVED that the Laurel Park Town Council intends that this plan shall be revised to reflect changes in relevant data and projections at least once every five years or as otherwise requested by the Department, in accordance with the statute and sound planning practice. Adopted this 20 th day of November ATTEST: J. Carey O Cain, Mayor Kimberly B. Hensley, CMC Town Clerk

30 Town of Laurel Park Town Council Agenda Work Session Minutes October 11, :30 a.m. The Laurel Park Town Council held an Agenda Work Session in Town Hall on October 11, 2018 at 9:30 a.m. Members present: Mayor J. Carey O Cain, Mayor Pro-Tempore Robert O. Vickery, and Commissioners A. Paul Hansen, George W. Banta, and Nancy P. McKinley. Absent: None. Staff present: Town Manager Alison Alexander and Public Works Superintendent Andrew Griffin. Mayor O Cain called the meeting to order at 9:30 a.m. APPROVAL OF THE AGENDA Commissioner Hansen moved to approve the agenda as presented. Commissioner Vickery asked for discussion; there was none. The vote was unanimous in favor of the motion. SENATOR CHUCK EDWARDS Mayor O Cain welcomed Senator Chuck Edwards. Senator Edwards said he represented over 200,000 people in his district and it had been an honor to serve for over two (2) years. He had a discussion with Council about significant state issues, including hurricane relief, and significant Town issues. Town issues discussed were broadband, road maintenance, even-year municipal elections, and ETJ preservation. Other topics of discussion included the Ecusta Trail, the NCDOT project selection process, and public information efforts for funded NCDOT projects. FRIENDS OF LAUREL PARK UPDATE Ms. Alexander said this was an agenda item on the original agenda and was inadvertently removed prior to distribution. Friends of Laurel Park (FLP) President Mindy Collins and board member Bill Jacobs were in attendance. Ms. Collins said the FLP Board produced a large number of events in 2018, and will do a smaller number in the future, unless more volunteers are available to assist. Planned events include Arbor Day, Music at Jump Off, and a volunteer day to hang Christmas lights. Council and Ms. Collins discussed an annual dinner and membership. Ms. Collins said the FLP does not have membership as the LPCA did. With no members, there is no requirement for an annual membership meeting, and the Executive Committee had decided to not host an annual dinner. Ms. Collins asked the Town Council to provide her with any project ideas and said she had received a list from Ms. Alexander, too. Mayor O Cain asked the Executive Committee to commit to funding 50% of the remaining historical markers. WATER SYSTEM DISCUSSION In 2017 the City of Hendersonville completed its Water System Master Plan Report, which included improvements to the Hebron Zone. Commissioner Hansen said, at the July Hendersonville Water/Sewer Advisory Council meeting, he noticed the project was not included in the City s CIP. Ms. Alexander contacted Hendersonville City Manager John Connet, who said the project included work on the Town s water system. As a result, the City requested a letter from the Town by November 15, 2018 if Council would like to see the Hebron Zone improvements considered as part of the City s CIP planning process. Town Engineer Will Buie provided the Council with an overview of the project. He said its complex as it is currently outlined and would involve city customers who are not town residents being served through the Town s water system. He said consolidation of the two (2) water systems would ease many of the financial and political concerns. It was the consensus of Council to maintain the option of system merger

31 discussions as part of this project. Council instructed Ms. Alexander to draft a letter for review by Council prior to the October Regular Meeting requesting the City include the Hebron Zone project within its CIP. TANK MAINTENANCE CONTRACT Ms. Alexander said, as part of the FY 2019 Budget meetings, the Council asked she and Public Works Superintendent Andrew Griffin to review the Southern Corrosion Tank Maintenance contract. She reported the current 2012 contract includes interior cleaning of each tank every 5 years. Every tank except Fleetwood #2 will have the interior painted every 15 years, and exterior painted every 7 years. After review, the only change that could be made to reduce the cost is to extend the length between exterior painting from 7 years to 9 years. Gavin Harrell was in attendance from Southern Corrosion and reviewed the inspection and painting process. He said the annual contract is of benefit to the Town by spreading the cost of each tank s work, approximately $40 - $60,000 over multiple years. Mayor O Cain expressed concern over the length of the contract, and Mr. Harrell said he could see if the buyout provision could be removed due to the Town s existing contract. Commissioner Hansen asked if the tank bottoms could fail. Mr. Buie said this is not usually an area of concern. Mr. Harrell said the area above the water line, on the interior of the tank, is where most corrosion occurs. Mr. Buie said for years the Town would have to determine the work needed, solicit bids, and submit the paperwork for approval by the state. He said a contract for tank service would make sense, as it smooths out the routine tank maintenance costs. It was the consensus of the Council to consider the contract at the November Work Session. PLANNING BOARD VACANCY Council discussed various residents within the extra-territorial jurisdiction. No action was taken. AGENDA REVIEW FOR THE OCTOBER 16, 2018 COUNCIL MEETING 1. Call to Order 2. Pledge of Allegiance 3. Public Comment 4. Approval of the Agenda 5. Consent Agenda A. Minutes from the September 13, 2018 Work Session B. Minutes from the September 18, 2018 Regular Meeting C. Minutes from the August 16, 2018 Closed Session 6. Public Hearing A. None 7. Old Business A. None 8. New Business A. Subdivision Request Crossway Falls Ms. Alexander reported the Planning Board meeting for October 9, 2018 was cancelled due to lack of a quorum, and the subdivision was not reviewed, and will not be presented to Council on October 16 th. 9. Town Manager s Report 10. Department Head Reports A. Public Works B. Police C. Administration 11. Mayor and Commissioner Comments 12. Adjournment Town Council Work Session Minutes October 11, 2018 Page 2

32 COUNCIL UPDATES AND INFORMATION Kudzu Commissioner Hansen led a discussion regarding kudzu in Town. Ms. Alexander was asked to research how other communities regulate invasive species within their communities, particularly when it involves public and private properties. Real Estate Signs Commissioner McKinley asked if Ms. Alexander could send the Town s real estate sign regulations to the Board of Realtors. Hendersonville High School Hall of Fame Mayor O Cain reported he was to be inducted into the HHS Hall of Fame on October 12, ADJOURNMENT Commissioner Vickery moved to adjourn the meeting at 11:24 a.m. Mayor O Cain asked for discussion; there was none. The vote was unanimous in favor of the motion. ATTEST: J. Carey O Cain, Mayor Kimberly B. Hensley, CMC Town Clerk Date Town Council Work Session Minutes October 11, 2018 Page 3

33 Town of Laurel Park Town Council Regular Meeting Minutes October 16, :30 a.m. The Laurel Park Town Council held its Regular Meeting in Town Hall on October 16, 2018 at 9:30 a.m. The following members were present: Mayor Pro-Tempore Robert O. Vickery, Commissioners Nancy P. McKinley, A. Paul Hansen, and George W. Banta. Absent: Mayor J. Carey O Cain. Staff present: Town Manager Alison Alexander, Police Chief Bobbie Trotter, Town Clerk Kim Hensley, Deputy Town Clerk Heather Smith, and Public Works Superintendent Andrew Griffin. Mayor Pro-Tempore Vickery opened the regular meeting and led the Pledge of Allegiance. APPROVAL OF AGENDA Commissioner McKinley moved to approve the Agenda. Mayor Pro-Tempore Vickery asked for discussion; there was none. The vote was unanimous in favor of the motion. PUBLIC COMMENT There was none. APPROVAL OF THE CONSENT AGENDA A. Minutes from the September 13, 2018 Work Session B. Minutes from the September 18, 2018 Regular Meeting C. Minutes from the August 16, 2018 Closed Session Commissioner Banta moved to approve the Consent Agenda Mayor Pro-Tempore Vickery asked for discussion; there was none. The vote was unanimous in favor of the motion. PUBLIC HEARING There was none. OLD BUSINESS Finalize Water System Letter Ms. Alexander said in September she received an from the Hendersonville City Manager, John Connet, in response to an inquiry from her and Commissioner Hansen regarding the City s Water Master Plan. Mr. Connet asked the Town to request a water project Hebron Zone from the Hendersonville Master Plan be included in the City s CIP. Ms. Alexander said she sent the draft letter to Council and received suggested revisions from Commissioner Hansen. Council discussed a few more revisions and Ms. Alexander said she will send the revised letter to the Hendersonville City Manager and Council. NEW BUSINESS There was none.

34 TOWN MANAGER'S REPORT Town Manager Alexander said Nancy DuRose resigned from the Parks & Greenways Advisory Board. The Town has one (1) application for P&G, from Richard DuRose. Council decided to appoint someone to the vacancy in December when it appoints other committee and board seats. Ms. Alexander reported a mudslide occurred on Davis Mountain Road. Town Engineer Will Buie sent a Geological Technical Engineer who deemed the slide stable and the road safe to use. She said Town staff will continue to check the area daily, report any change in condition, and will clean up the slide per the Engineer s recommendation. Council discussed the area where the mudslide took place including kudzu removal and possible addition of a guardrail. Council asked Ms. Alexander about the Town s steep slope and erosion ordinance. After discussion, Ms. Alexander said she will research how other communities regulate steep slopes and single-family lots. Ms. Alexander updated Council on the Arcadia Views Development. She said WXZ Development s driveway permit was accepted by the NCDOT. The developer purchased the home and land across from the Hawthorn Hills entrance, located at Hawthorne Drive, to meet the DOT requirements for the second Arcadia Views driveway. WXZ Development will install a turning lane at the entrance which Hawthorn Hills will benefit from. Ms. Alexander expects the developer to request an extension to the Conditional Use Permit for Phase I since the driveway permit took longer to obtain than anticipated. Ms. Alexander explained to Council about a zoning violation regarding signs. Ms. Alexander said she confirmed with Town Attorney Alexander the signs met the definition of a sign. She said the first sign in violation was taken down, and a second notice of violation was sent for the other sign. Ms. Alexander said the Town received 62 applications for the Public Works vacancy. She and Mr. Griffin expect to have a candidate selected by the end of October with a start date shortly thereafter. She along with Land-of-Sky staff interviewed three (3) candidates for the part-time zoning position. An offer will be made to one (1) candidate, and, until the position is filled, Andrew Bowen from J.M. Teague Engineering will continue to assist the Town with zoning needs. Town Manager Alexander said the Town continues to receive many inquires from banks to provide the Town banking services, and the fees continue to rise with Wells Fargo, therefore the Town will send out a RFP for banking services in the winter. She and Town Clerk Kim Hensley will meet with Henderson County in October to inquire about tax collection services for the Town being performed by the County. DEPARTMENT HEAD REPORTS PUBLIC WORKS Public Works Superintendent Griffin reported the Department found two (2) water leaks. Both leaks were service lines and the lines were replaced with a product that is less likely to crack. He said seven (7) trees fell due to storms, the pond in Laurel Green Park was flushed, brush collection has begun, and the Department will continue to assist with the mudslide on Davis Mountain Road. Mr. Griffin said construction of the Public Works Bunkhouse is on schedule. Duke Energy and PSNC Energy continue the installation process, a month after the Certificate of Occupancy has been issued he expects to have an Open House. Commissioner McKinley asked Mr. Griffin for an estimated percentage of time the Department spends on water-related tasks. Mr. Griffin said 20 percent and explained several water duties the Department conducts daily, weekly, and annually. Town Council Meeting October 16, 2018 Page 2

35 POLICE Chief Trotter apologized to Council for her absence at the September meeting. She said she appreciated its understanding. She changed the look of the monthly reports to reflect what is included in the Town newsletter since that format has been the preferred method requested by residents. For August she reported there were 2,236 events. Chief Trotter said the Department had a death investigation and larceny of a credit card, both at the Brian Center. The Department had a domestic incident on Woodland Trail and one (1) involuntary commitment of a non-resident. For September she reported there were 1,804 events. She said there has been an increase in ID fraud, but all were attempts either by phone or computer, and none were successful as residents are more aware of scams. Chief Trotter said there were seven (7) accidents in Town, which were not in the same general area. She announced Officer Philip Ramackers was awarded the 2018 Home Town Hero Award. ADMINISTRATION Mrs. Hensley gave the Tax Collector s Report as of September 30, For 2018 taxes, the Town has collected $288, with $1,233, outstanding for a collection rate of 19% since September 1, For prior year taxes, there remained $26, with $8, for the 2017 year alone. Mrs. Hensley said she sent the delinquent 2017 real property list to the Town Attorney who will move forward with collection letters to taxpayers. Mrs. Hensley said the auditor will be in the office on October 18, 2018 for subsequent audit work. OTHER ITEMS TO BE BROUGHT BEFORE TOWN COUNCIL There were none. MAYOR AND COMMISSIONER'S COMMENTS MAYOR O CAIN Mayor O Cain was absent. MAYOR PRO-TEMPORE ROBERT O. VICKERY Mayor Pro-Tempore Robert O. Vickery said the manager of the Ingles in Laurel Park is retiring and asked if Town staff would compile a proclamation in his honor. COMMISSIONER MCKINLEY Commissioner McKinley had no comments. COMMISSIONER HANSEN Commissioner Hansen asked Town staff to compile a proclamation for the 100 th anniversary of Armistice Day and in recognition of Hubert Smith, who died in WWI. COMMISSIONER BANTA Commissioner Banta had no comments. There being no further business, Commissioner Hansen moved to adjourn the meeting at 10:16 a.m. Mayor Pro- Tempore Vickery asked for discussion; there was none. The vote was unanimous in favor of the motion. ATTEST: J. Carey O Cain, Mayor Kimberly B. Hensley, CMC Town Clerk Date Town Council Meeting October 16, 2018 Page 3