TOWN OF WAYNESVILLE, NC Board of Aldermen – Special Meeting

Transcription

TOWN OF WAYNESVILLE, NC
Board of Aldermen – Special Meeting
Town Hall, 9 South Main Street, Waynesville, NC 28786
Date: February 18, 2014 Time: 7:00 p.m.
NOTE: This meeting was rescheduled from the regular meeting date of
Februay, 11, 2014 due to due to inclement weather on that date
The agenda and all related documentation may be accessed electronically at www.townofwaynesville.org.
Click on “Download Forms” to download materials for all town board & commission meetings.
Consider the environment  Conserve resources  Print only when necessary
The Town of Waynesville provides accessible facilities, programs and services for all people in compliance with
the Americans with Disabilities Act (ADA).
Should you need assistance or accommodation for this meeting, please contact the Town at
(828) 452-2491
[email protected]
A.
CALL TO ORDER - Mayor Gavin Brown
1. Welcome/Calendar/Announcements
2. Employee News – Town Manager Marcy Onieal
• Introduction of New Employees
• Retirement Announcement
• Appointment to Governors Task Force
• Memorial Fund
3. Adoption of Minutes
Motion: To approve the minutes of January 14, 2014 (regular session) as presented [or
as corrected].
B.
UNFINISHED BUSINESS
4. Public Hearing to consider rezoning of property at 1783 South Main Street
Motion: To adopt the map amendment as presented, changing zoning on five parcels
located at 1783 South Main Street from South Main Business (SMB) to Hyatt Creek
Regional Center (HCRC).
5. Licensing Agreement with Brightfields Transportation Solutions to Install and Maintain SolarPowered Electric Vehicle Charging Station at Montgomery Street Public Parking Lot
Motion: To approve the licensing agreement as presented, and authorize the mayor
and/or town manager to execute the agreement on behalf of the Town of Waynesville.
TOWN OF WAYNESVILLE – REGULAR SESSION AGENDA
February 11, 2014
-26. Installment Financing Agreement for the purchase of 19 vehicles and related equipment (for
departments of Police, Fire, Development Services, & Administrative Services) in the amount
of $825,650
Motion: To accept the financing agreement offered by Wells Fargo, in the amount of
$825,650, providing for a 5-year term at 1.40% interest, and annual payments of
$172,030.71; and to authorize the mayor, town manager and/or finance director to
execute the financing agreement on behalf of the Town.
7. Formal Bid Award FBR #103-14 for FY14 Police Patrol Vehicle Package
Motion: To reject all bids for the purchase of 14 police patrol vehicles, and purchase the
vehicles at the lowest available price off North Carolina State Contract 070B from Horace
G. Ilderton LLC of High Point, NC in the amount of $318,990.
C.
NEW BUSINESS
8. Request to remove parcel at 180 Legion Drive (PIN 8615-25-5741) from Downtown
Waynesville Municipal Service District (request of Realtor Bruce McGovern on behalf of client and
property owner James Earley)
[No action permitted at this time; please refer to staff report]
9. Consideration of financial support for the potential conversion of County-owned prison
property for use as emergency shelter, soup kitchen and service center for the homeless
[No specific action requested at this time; motion at Board’s discretion]
D.
COMMUNICATIONS FROM STAFF
10. Mid-Year Departmental Reports – All Leadership Staff
11. Town Manager – Marcy Onieal
12. Town Attorney – Woody Griffin
E.
COMMUNICATIONS FROM MAYOR & BOARD OF ALDERMEN
F.
CALL ON THE AUDIENCE
G.
ADJOURN
AGENDA ITEMS ANTICPATED AT UPCOMING REGULAR MEETINGS:
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Presentation by Historic Preservation Commission & ARC of Haywood County
Presentation by Citizen’s Police Academy, K-9 Portrait Presentation
Water/Sewer Assets Management Study 2013 Presentation-Martin/McGill Associates
Delinquent Tax/License Fee Rolls
Nova Energy Consultants Rate Study Presentation & Purchase Power Bids
Posted – 02/06/14
The Mountaineer (on-line)
Jan 26, 2014
Hollingsed appointed to state DWI task
force
By DeeAnna Haney | Jan 26, 2014
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Waynesville Police Chief Bill Hollingsed.
One of Haywood County's law enforcement leaders will soon be helping to give the western part of
the state a voice when it comes to driving while impaired laws.
Waynesville Police Chief Bill Hollingsed was recently appointed by Gov. Pat McCrory to a
statewide Impaired Driving Task Force.
Ellen Pitt, MADD representative said she recommended Hollingsed for the job and is excited about
his appointment.
"Western North Carolina is traditionally underrepresented on this task force and we need a really
strong voice to bring our point of view to the table," Pitt said.
The governor created the task force in July 2013 through an executive order. Members of the task
force will examine existing laws and develop a statewide impaired driving plan to provide a strategy
for preventing and reducing impaired driving behavior.
Hollingsed is the only police chief on the task force. Other members include:
The Honorable James H. Faison III (New Hanover County) – Faison is a district court judge for
the 5th Judicial District. Faison received an undergraduate degree and law degree from North
Carolina Central University. He has been a drug treatment court judge since 2002 and DWI treatment
court judge since 2010. He will serve as chairman of the task force.
Don Nail (Wake County) – Nail is the director of the Governor’s Highway Safety Program. He
received an undergraduate degree from Western Carolina and a master of business administration
from UNC-Greensboro.
LaNica Allison (Wake County) – Allison is the deputy secretary of intergovernmental affairs and
budget coordination for the Department of Transportation. She oversees the Governor’s Highway
Safety Program along with many other duties. Allison holds an undergraduate degree from UNCChapel Hill.
The Honorable Steve Bizzell (Johnston County) – Bizzell has served as Sheriff of Johnston
County since 1998. He is a board member of the North Carolina Sheriffs' Association. Bizzell
attended Coastal Plains Law Enforcement Academy.
William Hollingsed (Haywood County) – Hollingsed is the chief of police for the Waynesville
Police Department. He received an undergraduate degree from Columbia College and a master of
public administration from Troy State University.
Mike Billips (Guilford County) – Billips has been a criminal magistrate for more than 20 years and
currently serves as one of the criminal magistrates for Guilford County. He attended Wingate
University.
Michael Plemmons (Buncombe County) – Plemmons is the executive director for First Step Farm,
which is a unique rehabilitative center that helps individuals recover from chemical dependency. He
received an undergraduate degree from Western Carolina.
Robert G. Greene (Wilkes County) – Greene is a senior partner at the Law Office of Robert Greene
in Wilkesboro. He attended UNC-Chapel Hill for undergrad and earned a law degree from Campbell
University School of Law.
Garry Frank (Davidson County) – Frank is the district attorney for Davidson and Davie counties.
He received his undergraduate degree from Davidson College and law degree from Wake Forest
School of Law.
Gail Mills (Durham County) – Mills is the chief financial officer and co-founder of the Durham
Rescue Mission. The mission was founded in 1974 and now houses around 375 men.
The Honorable Matt Osman (Mecklenburg County) – Osman is the lead criminal court judge in
Mecklenburg County and the lead judge in the DWI treatment court. He received his undergraduate
degree from UNC-Chapel Hill and law degree from Regent University School of Law.
Troy Butler (Wake County) – Butler is the director of highway patrol training at North Carolina
State Highway Patrol. He graduated from North Carolina Wesleyan College with a bachelor of
science in criminal justice. He also attended the FBI academy.
Dr. Robert Foss (Orange County) – Foss is the senior research scientist and director for the UNC
Highway Research Safety Center. He graduated from the University of New Mexico and received a
Ph.D in social psychology from the University of Nevada-Reno.
The Honorable Greg Newman (Henderson County) – Newman is the district attorney of
Henderson County. He earned an undergraduate degree from UNC-Asheville and a law degree from
Dayton School of law.
James L. Allard Jr. (New Hanover County) – Allard is a senior partner and attorney at Hewlett,
Collins and Allard L.L.P. He attended UNC-Wilmington for undergrad and earned a law degree from
Campbell University School of Law.
LaRonda S. Scott (Wake County) – Scott is the state executive director of Mothers Against Drunk
Driving. She received an undergraduate degree from UNC-Charlotte.
Eduardo Sosa (Granville County) – Sosa is a senior officer specialist for the Federal Bureau of
Prisons in the U.S. Department of Justice. He graduated from Turabo University in Puerto Rico with
a master’s degree in political affairs.
Bob Durkin (Mecklenburg County) – Durkin is the president and owner of Bar Management
Group. He received an undergraduate degree from the University of Albany.
The Honorable Donald Wade Street (Mitchell County) – Street is the Sheriff of Mitchell County.
Currently, he serves on the Mitchell County Safe Place Board. He earned an associate’s degree in
criminal justice from Mayland Community College.
Kimberly Sides (Stanly County) – Sides is the compliance manager for the NC Division of Health
Service Regulation in the Office of Emergency Medical Services.
Margaret Griffin (Durham County) – Griffin is the co-owner of Insurance People Inc. She earned
an undergraduate degree from the UNC-Greensboro.
The Honorable Coy Reid (Catawba County) – Reid has been the Catawba County sheriff for 20
years. He has completed numerous law enforcement training and certification courses over the years.
William F. Powers (Mecklenburg County) – Powers is an attorney and partner at Powers
McCartan, PLLC in Charlotte. He was named lawyer of the year DUI/DWI in Charlotte by Best
Lawyers in America. He attended N.C. State for his undergraduate degree and Campbell University
School of Law for his law degree.
MINUTES OF THE TOWN OF WAYNESVILLE BOARD OF ALDERMEN
REGULAR MEETING
January 14, 2014
THE WAYNESVILLE BOARD OF ALDERMEN held a regular meeting on Tuesday, January 14, 2014
at 7:00 p.m. in the board room of Town Hall, 9 South Main Street, Waynesville, NC.
A. CALL TO ORDER
Mayor Brown called the meeting to order at 7:00 p.m. with the following members present:
Mayor Gavin Brown
Alderman Gary Caldwell
Alderman Julia Freeman
Alderman Wells Greeley
Alderman LeRoy Roberson
The following staff members were present:
Marcy Onieal, Town Manager
Woodrow Griffin, Town Attorney
Eddie Ward, Deputy Clerk
Andrew Bowen, Management Assistant
Representing the Media:
Mary Ann Enloe, The Mountaineer
Holly Kays, Smoky Mountain News
1.
Welcome /Calendar/Announcements
Mayor Gavin Brown welcomed everyone to the meeting, and mentioned several calendar items.
They included Leadership Haywood on January 15, 2014 to be held at the Town of Waynesville,
Downtown Waynesville Association Planning Retreat to be held on January 16, 2014 at Town Hall, and
Martin Luther King Breakfast on January 20, 2014. Manager Onieal added the Haywood County Council
of Government and the Southwestern Commission Board meeting, both to be held on January 27, 2014.
2.
Adoption of Minutes
Alderman Caldwell made a motion, seconded by Alderman Greeley, to approve the minutes of
the December 10, 2013 meeting as presented. The motion passed unanimously.
B.
NEW BUSINESS
3.
Call for Public Hearing to consider rezoning of property at 1783 South Main Street
Mr. Tom Morgan owns five tax lots with a total area of 1.7 acres located at the intersection of
South Main Street, Norman Street and Allens Creek Rd. The parcel fronting South Main Street is
currently developed with a convenience store, gas pumps, and a car wash. The requested zoning
change is from South Main Business District to Hyatt Creek Regional Center.
The Planning Board held a public hearing to review this rezoning at their December 2013
meeting. The Board voted to recommend the property to be rezoned as requested.
A motion was made by Alderman Freeman, seconded by Alderman Greeley, to call for a public
hearing on Tuesday, January 28, 2014 at 7:00 p.m., or as soon thereafter as possible in the Board
Room of Town Hall, 9 South Main Street, to consider rezoning of property at 1783 South Main Street
District (SMB) to Hyatt Creek Regional Center (HCR). The motion passed unanimously.
4.
Resolution #R-01-14, adopting the Local Water Supply Plan for the Town of Waynesville
A Local Water Supply Plan (LWSP) is an assessment of a water system’s current and future water
needs, and ability to meet those needs. North Carolina General Statute requires all units of local
government to prepare a LWSP, and to submit an annual water use update. The LWSP projects demand
as a percentage of supply to increase from 31% currently to 39% in the year 2060.
A motion was made by Alderman Greeley, seconded by Alderman Caldwell, to adopt
Resolution #R-01-14, approving the 2012 Local Water Supply Plan for the Town of Waynesville, as
presented. The motion passed unanimously.
C.
COMMUNICATIONS FROM STAFF
5.
Town Manager – Marcy Onieal
 Staff Hires and Public Works Department Restructuring
Manager Onieal stated there have been three new employees hired recently.
The first is Mr. Andrew Bowen. Mr. Bowen is an intern from the Western Carolina University
Master of Public Administration program. He has recently completed the hours necessary for
his required internship, but will contginue working for the Town through the end of the school
year as a management assistant, with a focus on budgeting and the upcoming IT conversion.
She is looking forward to working with Mr. Bowen and feels he will do a great job.
Mr. David Foster has been hired as Public Services Director. Currently Mr. Foster is the interim
Public Works Director for the City of Asheville. Mr. Foster comes to the Town with 25 years of
experience and Manager Onieal feels he will be a great addition to the Town.
Ms. Amie Owens will be coming in February as Town Clerk. She is coming to the Town from the
position of Haywood County Clerk/Executive Assistant. Ms. Owens spent 10 years in health
administration prior to coming to Haywood County as clerk. Manager Onieal stated that Ms.
Owens has her NC Clerks certification and will be a great asset to the Town as well.
Waynesville Board of Alderman Minutes
Regular meeting January 14, 2014
Page 2 of 5
Manager Onieal stated that a portion of the money that had been allocated to the Assistant
Manager’s job will be temporarily re-allocated to cover the over-hire in Public Services
necessary to prepare for succession with the announced retirement of Assistant Director Robert
Hyatt and to provide an employee development training program in soft skills such as leadership
development, team building, supervisory training, and customer service skills. She said these
items are a critical component of prepping employees for upward progression within the
organization. A consulting team will be brought in later in the spring that will eventually work
with each employee in every department on these skills.
 Leadership Haywood
Manager Onieal gave the Board members a schedule of topics that would be discussed
at Leadership Haywood that will be held on January 15, 2014 in the Town of Waynesville Board
Room, noting that the session is focused on local government and law enforcement. She and
the mayor and police chief will serve as presenters.
 HC Commissioners Work Session – Old Hospital/Folkmoot dispositions
Mayor Brown said he had attended the Haywood County Commissioners work session
meeting in which they were reviewing the old Hazelwood Prison and the old Haywood County
Hospital sites. He said the County had been approached by Haywood Christian Ministries and
the Next Step Ministries to lease the existing dormitories located at the former prison for
possible relocation of the Open Door Soup Kitchen. Other areas of the site would be used to
house emergency vehicles.
Alderman Freeman said this kind of facility for the homeless is much needed in
Waynesville. She said the goal of this project is to move the homeless from the streets into a
successful permanent housing. She said it would be a win-win situation for our community.
 Junaluska Annexation Update
Manager Onieal stated there was nothing new to report, but that the Community
Council is still in the process of soliciting separate petitions from both registered voters and
property owners in favor of petition.
 Watershed Management update
Selective timbering is being conducted now at the watershed. This program is designed
to manage the health of the watershed for the primary purpose of maintaining a high
quality/clean water supply. Manager Onieal said she had not had any calls or concerns
expressed about the process. This activity is being monitored on a weekly basis by Forest
Stewards Rob Lamb and Peter Bates. Also, Rusty Painter from the NC Conservation Trust has
visited the watershed and everyone is very pleased with the progress.
Page 3 of 5
 Property Exchange –Hazelwood/Dutch Fisher Park
This exchange of property is in conjunction with NCDOT’s Howell Mill Road
improvement project, which is scheduled to start next week. Manager Onieal said the property
owner and NCDOT have reached an agreed purchase price and are ready to close. The Town will
be taking control of a roughly 50-foot wide corridor from the corner of Dutch Fisher Park along
Richland Creek to the Apartments on Killian Street. This will become the anchor section of a
new cross-town greenway. Manager Onieal thanked Town Attorney Woodrow Griffin for his
assistance in preparing a draft lease for use of the remainder of the property, which will be put
into passive recreational use until such time as the owner wishes to develop the remainder of
the 15 acre property.
 IT Support Transition
A contract for IT network support has been established with VC3, and the Town is now
beginning the transition from New Meridian to VC3. The shift from one vendor to the other will
happen by the end of January 2014, and the project will take place in stages over the next few
months. Both vendors are working together to make sure this is a seamless process. The
Town’s website has already been established and is working well. Over the next few months,
the Town’s IT infrastructure will undergo major upgrades and reconfiguration. During the
summer, the Town will transition from premise-based to cloud-based data storage; followed by
WiFi accessibility improvements. Manager Onieal said this is a very much needed transition for
the Town, because the Town’s IT needs have outgrown current technology and support
capabilities. She emphasized that this will be a time consuming, detailed activity, and she and
Andrew Bowen and much of the staff will be heavily focused at times in the next few months
with this process.
 Balanced Scorecard Budgeting Process
Manager Onieal stated that one of the board’s goals when she came to Waynesville was
to ensure the Town is functioning as a high performance organization. In the upcoming retreat,
she wants to talk about efficiency, effectiveness, productivity, and improved customer service.
She would like to work with the board to develop a long-term vision and priorities for the Town,
and focus budgetary and management priorities on outcomes rather than inputs. In preparation
for the February board retreat she invited Board Members to read an article from Popular
Government Magazine she distributed, entitled “Balanced Scoreboard Budgeting Process” to
give them an introduction to one concept of managing for high performance.
 Board Retreat Re-scheduling
Manager Onieal said that due to the VC3 technology transition being in process the next
two or three weeks, she asked the Board to reschedule the Board Retreat, which had tentatively
been scheduled for late January.
By consensus, the Board agreed to reschedule the retreat for one Friday in February,
depending on facilitator schedule, with a preference for February 21, 2014.
6.
Town Attorney – Woodrow Griffin – No Comment
Page 4 of 5
E.
COMMUNICATIONS FROM MAYOR & BOARD OF ALDERMEN – No Comment
F.
CALL ON THE AUDENCE
Mayor Brown introduced Mr. David Blevins, who has been involved with the relocation and
placement of an art piece entitled “Chasing Tadpoles”, designed by former Tuscola High School art
teacher Bill Eleazer. The sculpture was originally commissioned for the Biltmore Square Mall in
Asheville, NC. With the mall’s upcoming closing on January 31, 2014, the mall’s owners are donating all
artworks to various recipients for re-installation as public art displays and the Town of Waynesville has
received “Chasing Tadpoles”. Town of Waynesville employees removed the sculpture January 10 and it
is currently in storage.
Manager Onieal said there are several locations being considered for the placement of the
sculpture and the Public Art Commission will be working with the artist on evaluating sites and
developing plans for a re-installation soon.
Mr. Blevins also said that the Town of Waynesville has been offered another piece of sculpture
called “La Femme” from the mall. He said if the Town would like to have this sculpture, it would need to
be relocated soon. Manager Onieal indicated that based on the direction of the Board at the December
10 meeting, she had already informed Biltmore Square management of the Town’s willingness to accept
and relocate any other works of art which had not already been committed and work with the Public Art
Commission to find suitable locations for re-installation. Ms. Onieal thanked Alderman Gary Caldwell for
bringing this opportunity to her attention and Mr. Blevins for his behind-the-scenes assistance to town
staff in coordinating scheduling and logistics with Biltmore Square.
By consensus, the Board agreed to accept the donation of the sculpture “La Femme” from the
Biltmore Square Mall.
G.
ADJOURN
There being no further business, Alderman Caldwell made a motion, seconded by Alderman
Greeley, to adjourn at 8:10 p.m. The motion passed unanimously.
ATTEST
______________________________________
Gavin A. Brown, Mayor
_____________________________________
Marcia D. Onieal, Town Manager
________________________
Eddie Ward, Deputy Town Clerk
Page 5 of 5
TOWN OF WAYNESVILLE BOARD OF ALDERMEN
REQUEST FOR BOARD ACTION
MEETING DATE: February 11, 2014
SUBJECT: Public Hearing to consider a Zoning Map amendment for property located at 1783 South
Main Street
AGENDA INFORMATION:
Agenda Location:
Item Number:
Department:
Contact:
Presenter:
Unfinished Business
4-B
Development Services
Paul Benson, Planner
Paul Benson, Planner
BRIEF SUMMARY:
An application for a map amendment to the Town’s Land Development Standards (LDS) was submitted
by Jesse Gardner of Civil Design Concepts on behalf of property owner Thomas R. Morgan on October
17, 2013. The subject property consists of 5 tax parcels with a total area of 1.7 acres (see attached
aerial photo/map). The property is located at the intersection of South Main Street, Norman Street and
Allens Creek Road. The parcel fronting South Main Street is currently developed with a convenience
store, gas pumps (Shell) and a carwash. The requested zoning change is from South Main Business
(SMB) to Hyatt Creek Regional Center (HCRC).
The Planning Board held a public hearing to review this rezoning request at their December meeting and
found the request to be consistent with planned land use. The Planning Board voted unanimously to
recommend the property be rezoned as requested.
MOTION FOR CONSIDERATION: To adopt the map amendment as presented, changing zoning on five
parcels located at 1783 South Main Street from South Main Business (SMB) to Hyatt Creek Regional
Center (HCRC).
FUNDING SOURCE/IMPACT:
N/A
ATTACHMENTS:
•
•
•
•
Aerial Map of subject property
Application for LDS Map Amendment dated 10/17/13
Staff Report
Draft Minutes of the Planning Board Meeting of 12/16/13
MANAGER’S COMMENTS AND RECOMMENDATIONS: Based on Planning Board findings and
recommendation, approve as presented.
SUBJECT: Licensing Agreement with Brightfields Transportation Solutions to Install and Maintain SolarPowered Electric Vehicle Charging Station at Montgomery Street Public Parking Lot
AGENDA INFORMATION:
Agenda Location:
Item Number:
Department:
Contact:
Presenter:
Unfinished Business
5-B
Utilities/Public Services/Development Services Departments
Fred Baker, Utilities Director
David Foster, Public Services Director
Paul Benson, Development Services Director
BRIEF SUMMARY:
On October 22, 2013, the Board of Aldermen approved the Town’s participation in a partnership with
Brightfields Transportation Solutions to construct and maintain as public infrastructure, an electric
vehicle charging station at the Montgomery Street Public Parking Lot. The project is being funded by
individual private investment as well as a substantial grant from Nissan Corporation, which is being
funneled through the State Energy Office. The project is being developed and managed locally by
Brightfields Transportation Systems, of Asheville, NC. There is no direct cost to the Town for the
construction and installation of the station, which will provide for two Level II charging stations and one
DC fast charging station under canopy, with a capacity for 8 parked vehicles, three of which may be
charged at any one time.
In order to complete the grant application process and move forward with the construction permitting
process, Brightfields and the Town are required to enter into a licensing/lease agreement, which will
become effective April 1, 2014 for a term of 10 years (renewable in additional 5-year increments). The
agreement (see attached) spells out respective responsibilities for both parties and provides for the
Town to receive a 100% discount on charging fees for the Town’s own plug-in electric fleet vehicles.
Once constructed the station will be open 24/7/365 for public use. Two of the eight available spaces will
initially be reserved for electric vehicle use and one additional space (up to 8 maximum) will be reserved
for every 50 electric vehicles registered in Haywood County.
Because the town also serves as the electric provider at this location, additional inter-connection and/or
purchase-sell power agreements will be negotiated between the Town and Brightfield Transportation
Solutions at a later date, which will be forthcoming for Board approval as the project progresses.
Deadline for submitting the executed licensing agreement is February 17, 2014.
MOTION FOR CONSIDERATION: To approve the licensing agreement as presented, and authorize the
mayor and/or town manager to execute the agreement on behalf of the Town of Waynesville.
N/A
ATTACHMENTS:
•
Proposed Licensing Agreement
MANAGER’S COMMENTS AND RECOMMENDATIONS: Approve as presented.
STATE OF NORTH CAROLINA
COUNTY OF HAYWOOD
LICENSE AGREEMENT
THIS LICENSE AGREEMENT (“Agreement” and/or “License”) made this 11th day of February,
2014, by and between the Town of Waynesville, of the State of North Carolina, (hereinafter “Town”
and/or “Licensor”) and Riding Partners, Inc. d/b/a BrightfieldTS (“BrightfieldTS”), with its principal
place of business at 87 Shope Road, Asheville, NC 28805 (hereinafter “Licensee”);
W I T N E S S E T H:
Upon the terms and conditions hereinafter set forth, Licensor hereby grants unto Licensee and
Licensee does hereby accept as a Licensee of Licensor such property of Licensor’s, commonly known
as the Montgomery Street Public Parking Lot, and located at 88 Montgomery Street as more particularly
described and shown on Exhibit “A,” attached hereto and incorporated herein by reference, (hereinafter
“Premises”) as shall be necessary for the construction and maintenance of equipment pursuant to the
Terms and Conditions set forth herein:
I. TERMS AND PAYMENTS:
A. Use of Licensed Premises
Licensor for the term set forth herein and subject to the terms and conditions of this License, hereby grant
to Licensee permission to use the Premises as described in Exhibit A herein, for the installation of
equipment necessary for the operation of a solar powered electric vehicle charging station, and/or standalone electric vehicle chargers and/or solar array such equipment and accessories as set forth on Exhibit
“B” (hereinafter “Equipment”). All Equipment and improvements shall hereinafter collectively be
referred to as “Licensee Facilities.” The Licensee shall install the Licensee’s Facilities solely for the
purpose of operating a solar powered electric vehicle charging station. Licensee’s facilities shall be
located in the license area as set forth in the attached Exhibit “A” and shall be constructed in accordance
with all relevant building codes and regulations. All Exhibits referenced herein are attached hereto and
incorporated herein by reference. In the event the Licensor determines a better use for the Premises,
Licensor may elect to relocate the Equipment to a new location (“New Location”) upon approval by both
Parties, both Parties agree that approval shall not be unreasonable withheld. The New Location shall be
similar in visibility, user access, solar exposure and shall have equal or higher projected utilization. The
Licensor shall be responsible for all costs associated with the removal and site restoration of the original
site along with, relocation and installation at the New Location, including, but not limited to, design,
engineering, permitting, interconnection, construction, commissioning and all processing costs.
B. Term
The term of this License shall be for a period of ten (10) years (the “term”) commencing from the
first day of April, 2014 (the “commencement date”) and will terminate at 11:59 p.m. on the
anniversary of the commencement date, provided that Licensee is not in default of any of its
obligations set forth herein.
If Licensee shall remain in possession of the Premises at the expiration of this License without a
written agreement, such tenancy shall be deemed a month-to-month tenancy under the same terms
and conditions of this License.
C. License Fee
1. Rental: The License Fee is $1.00 per year. All payments shall be made directly to the Town of
Waynesville and these payments shall be exclusive of charges for the furnishing of any utilities
such as, but not limited to, electricity, gas, water, sewer or telephone.
2. In-Kind Service: During the term of this Agreement, Licensor will have the ability to utilize the
L2 equipment for all vehicle charge events at 100% discount off of the standard charging rate for
two (2) plug-in electric vehicles (hereinafter “PEV”) owned by the Town. After the Town of
Waynesville operates three (3) or more PEVs, or at the point there are more than 50 PEVs
registered in Haywood County all fleet and employee vehicles will have the option to utilize
the equipment at a discounted rate of 20% discount off of the standard charging rate until the end
of this contract.. This value will be provided on an annual basis by BrightfieldTS and will be
based on industry trends and statewide polling.
3. Licensee shall have a separate electric meter to measure Licensee’s electric consumption and
Licensee shall pay directly to the public utility company for the installation of the meter and for
any electricity used by Licensee’s Equipment, unless another interconnection solution becomes
preferable to both parties.
II.
A.
INSTALLATION MAINTENANCE AND ACCESS
Additional Fees
1. All costs directly or indirectly associated with the installation of the Licensee Facilities are the
sole responsibility of Licensee.
B.
Prerequisites to Installation
1. Prior to the installation of the Licensee Facilities on the Premises, Licensee shall submit
detailed engineering plans and specifications of the planned installation to the Licensor. Upon
approval of the plans and specifications, the Licensee shall provide the Licensor with at least
ten (10) days’ notice of the actual installation of the Licensee’s Facilities. Licensee shall use
its best efforts to follow an installation schedule which will limit interference with the larger
parking area as well as the ability to use the parking spaces within the license area.
2. Prior to the installation of any of the Licensee’s Facilities on the Premises, Licensee shall, at
Licensee’s sole cost and expense provide the Licensor with copies of any and all permits for
the installation.
3. Prior to the installation of any of the Licensee’s Facilities on the Premises, or entry onto the
Premises, Licensee shall provide the Licensor with Certificates of Insurance as required by
Section III of this License.
4. Signage: Licensee will be permitted to place signage for the electric vehicle charging station as
shown on Exhibit C attached hereto. No additional signage will be permitted without the
express approval of the Licensor. Notwithstanding anything contained herein, all signs must
be professionally made, approved by Licensor prior to display, such approval not to be
unreasonably withheld, and must comply with applicable governmental regulations. It shall be
responsibility of Licensee to obtain local permits for signage and to ensure such signage is
authorized under local ordinances. All signs that do not have prior approval by Licensor will
be removed at the sole cost of Licensee.
C.
Maintenance
1. All installation and other work to be performed by Licensee hereunder shall be done in such a
manner so as not to interfere with, delay, or impose any additional expense upon Licensor in
maintaining the Premises. In no event will Licensor be required to consent to any installation
or other work by Licensee which would negatively impact any part of the Premises or any
adjoining property of Licensor.
2. Licensee shall maintain its Licensee’s Facilities in proper operating condition and within
industry accepted safety standards and such other standards as may be adopted by the federal
government from time to time. Licensor assumes no responsibility for the licensing, operation
and or maintenance of the Licensee’s Facilities.
D.
Permits and Compliance
1. The Licensee’s Facilities and installation, operation and maintenance of such must be in
compliance with all federal, state and local laws, including but not limited to local zoning
requirements. It shall adhere to reasonable technical industry standards.
2. The Licensee shall at all times in good faith, use its best efforts to obtain licenses, permits and
approvals necessary for the installation or operation of the Licensee’s facilities, at Licensee’s
sole expense. Licensor, to the extent it can legally do so, will cooperate with Licensee in
obtaining necessary permits.
3. Notwithstanding the obligations of the Licensee, Licensor shall maintain in good condition
and repair the parking lot and Premises.
E.
Access, Authorized Personnel and Limits on Exclusivity of Space Use
1. Licensee shall have a non-exclusive right to access the premises for ingress and egress
purposes. In the event an additional right of way or easement is required by Licensee for such
access, Licensee shall negotiate the right of way or easement separate from this License and all
costs associated with obtaining the right of way or easement shall be borne entirely by
Licensee.
2. Licensee and its authorized personnel shall have reasonable access to the Premises twenty-four
(24) hours a day, seven (7) days a week, for the purposes of routine and emergency
maintenance of the Licensee’s Facilities.
3. At present, it is recognized that there is strong demand for parking during the normal business
hours at the Premises. Therefore, during the initial two (2) years of the license Agreement,
parking in the eight (8) spaces adjacent to the electric vehicle station will be open use and nonexclusive. In year 3 of the License Agreement, it is contemplated that there will be an
increased demand for designated access for these spaces for electric vehicle parking only.
Licensee and Licensor agree that beginning in year 3 of this Agreement, one (1) of the eight
(8) spaces is to be designated as “Electric Vehicle Parking Only” at the point that there are
fifty (50) such vehicles registered in Haywood County. Designating additional parking spaces
of any equipment owned and operated by licensee will be reviewed each additional year of the
license agreement, using the same metric (e.g. one (1) designated space per fifty (50)
registered electric vehicles, up to a maximum of eight (8) designated spaces.
III. LIABILITY AND CONDEMNATION
A. Insurance
1. Licensee shall provide a certificate of insurance prior to the commencement of this License
evidencing coverage in the limits and amounts shown below. All certificates of insurance for
general liability shall show the Town of Waynesville, NC as an additional named insured.
General Liability $1,000,000.00
Automobile Liability $500,000.00
(combined single limit; hired and non-owned coverage)
2. Licensee shall require its contractors/subcontractors, prior to commencing any installation,
repair or maintenance work on the premises to provide the Licensor a certificate of insurance
evidencing like coverages and limits as described above.
3. During the term of this License and any renewals thereof, the Licensee shall provide to the
Licensor, upon the anniversary date of this License, a certificate of insurance evidencing the
coverage in the amounts shown above. All certificates issued on behalf of the Licensee to the
Licensor shall require no less than thirty (30) days prior written notice to the Licensor as to
the termination, lapse, or reduction in coverage.
4. The failure of the Licensee to maintain any of the coverage or meet any of the required
conditions of this License shall constitute a default. Upon such default, the Licensor shall
have the option of obtaining and maintaining such coverage as set forth in Section III (A) (1)
herein and shall have the right of reimbursement from the Licensee for the cost of said
coverage, or shall have the option of terminating this License upon thirty (30) days written
notice to the Licensee.
B. Indemnification
1. Licensee agrees to indemnify, defend and hold Licensor harmless from and against injury,
loss, damage or liability (or any claims in respect of the foregoing), costs or expenses
(including reasonable attorneys’ fees and court costs) which may be imposed upon or
incurred by or asserted against Licensor occurring during the term of this License, or during
any period of time prior to the Commencement Date hereof or after the expiration date hereof
when Licensee may have been given access to or possession of all or any part of the Premises
arising from:
(i) any work or act done in, on or about the Premises or any part thereof, including the
installation, use, maintenance, repair or removal of the Licensee Facilities, at the direction of
Licensee, its agents, contractors, subcontracts, servants, employees, Licensees or invitees,
except if such work or act is done or performed by Licensor or its agents or employee.
(ii) any negligence (including gross or ordinary negligence), any willful or wanton act or
omission or any or other wrongful act or omission on the part of Licensee or any of its agents,
contractors, subcontractors, servants, employees, subtenants, licensees or invitees;
(iii) any accident, injury or damage to any person or property occurring in, on or about the
Premises or any part thereof, unless caused by the negligence or willful misconduct of
Licensor, its employees or agents; and
(iv) any failure on the part of Licensee to perform or comply with any of the covenants,
agreements, terms, provisions, conditions or limitations contained in this License on its part
to be performed or complied with.
2. Licensor agrees to indemnify, defend and hold Licensee harmless from and against injury, loss,
damage or liability (or any claims in respect of the foregoing), costs or expenses (including
reasonable attorneys’ fees and court costs) which may be imposed upon or incurred by or asserted
against Licensee occurring during the term of this License arising from:
(i) any negligence (including gross or ordinary negligence), any willful or wanton act or
omission or any or other wrongful act or omission on the part of Licensor or any of its agents,
contractors, subcontractors, servants, employees, subtenants, licensees or invitees;
(ii) any accident, injury or damage to any person or property occurring in, on or about the
Premises or any part thereof, to the extent caused by the gross negligence or willful misconduct of
Licensee, its employees or agents; and
(iii) any failure on the part of Licensor to perform or comply with any of the covenants,
agreements, terms, provisions, conditions or limitations contained in this License on its part to be
performed or complied with.
3. The above referenced language shall not be construed as waiving any defense or limitation which
either party may have against any claim or cause of action by any person not a party to this
Agreement. Nor shall said language be construed as waiving any defense either party may have
against each other to the defense of governmental immunity. Provided, however, the
indemnification language contained hereinabove, is entered into only to the extent it is currently
authorized by North Carolina law and does not violate nor contravene state or local laws as it
relates to either party, individually, or jointly.
C. Casualty
In case of damage to the Premises or those portions of the Premises which are essential to the
operation of the Licensee Facilities, Licensee may, at its expense, cause the damage to be repaired
to a condition as nearly as practicable to that existing prior to the damage, with reasonable speed
and diligence, subject to delays which may arise by reason of adjustment of loss under insurance
policies, Governmental Regulations, and for delays beyond the control of Licensor, including a
“force majeure”. Licensor shall not be obligated to repair, restore, or rebuild any of Licensee’s
personal property, including but not limited to the Licensee Facilities. Licensor shall not be liable
for any inconvenience or annoyance to Licensee or injury to Licensee’s business resulting in any
way from such damage or the repair thereof for the time that Premises are rendered unusable for
Licensee’s intended purpose, the base rent shall proportionately abate. In the event the damage
shall involve the Premises generally and shall be so extensive that Licensor shall decide, at its
sole discretion, not to repair or rebuild the Premises, this License shall, at the sole option of
Licensor, exercisable by written notice to Licensee given within thirty (30) days after Licensor is
notified of or otherwise becomes aware of the occurrence of the casualty, be terminated as of the
date of such casualty, and the base rent, taking into account any abatement as aforesaid, shall be
adjusted to the termination date and Licensee shall thereupon promptly vacate the Parking Lot
and the Premises.
D. Condemnation of Premises
In the event that any government, public body, or other condemning authority shall take, or if
Licensor shall transfer in lieu of such taking, all or such part of the Premises thereby making it
physically or financially infeasible for the Premises to be used in the manner intended by this
License, Licensee shall have the right to terminate this License effective as of the date of the
taking by the condemning party and the rental shall be prorated appropriately. However, if only a
portion of the Premises is taken, Licensor shall upon consultation with Licensee determine
whether the License should remain operative, giving either Party the right to terminate upon 120
days notice of the intent to terminate.
V. HAZARDOUS SUBSTANCES
Licensee agrees that it will not use, generate, store or dispose of any Hazardous Material on,
under, about or within any Premises in violation of any law or regulation. Licensor represents,
warrants and agrees (1) that neither Licensor nor, to Licensor’s knowledge, any third party has
used, generated, stored or disposed of, or permitted the use, generation, storage or disposal of,
any Hazardous Material on, under, about or within the Premises in violation of any law or
regulation, except as disclosed herein, and (2) that Licensor will not, and will not permit any third
party to use, generate, store or dispose of any Hazardous Material on, under, about or within the
Premises in violation of any law or regulation. As used in this paragraph, “Hazardous Material”
shall mean hazardous or radioactive material, polychlorinated biphenyls, friable asbestos or other
hazardous or medical waste substances as defined by the Comprehensive Environmental
Response, Compensation and Liability Act, as amended, or by any other federal state or local
law, statute, rule, regulation or order (including any Governmental Requirements, as hereafter
defined) concerning environmental matters, or any matter which would trigger any employee or
community “right-to-know” requirements adopted by any such body, or for which any such body
has adopted any requirements for the preparation or distribution of a material safety data sheet.
“Governmental Requirements” shall mean all requirements under any federal, state or local
statutes, rules, regulations, ordinances, or other requirements of any duly constituted public
authority having jurisdiction over the Property.
This Section shall survive the termination of this License.
VI. OTHER TERMS AND CONDITIONS
A. Special Event
If Licensee desires to host a special event or demonstration event onsite for the EV station,
Licensee will need to coordinate that permission through the Office of the Town Manager.
B. Assignment and Subleasing
Licensee shall not transfer or assign all or any interest in this License without the prior written
consent of Licensor, which consent shall not be unreasonably withheld or delayed.
C. Taxes and Assessments
Licensee shall pay any taxes, assessments, charges, fees or licenses attributable to its use of the
Premises, including any increase in real property taxes and any use, occupancy, and/or personal
property taxes.
D. Mechanics Liens
Licensee shall not suffer or permit any mechanic’s, laborer’s, or materialman’s lien to be filed
against the Premises by reason or work, labor, services, of materials requested and supplies
claimed to have been requested by Licensee; and if such lien shall at any time be so filed, within
fifteen (15) days after notice of the filing thereof, Licensee shall cause it to be cancelled and
discharged of record. In the event Licensee does not cause such lien to be cancelled and discharged
of record, Licensor may terminate this License and proceed in accordance with applicable law.
E. Fixtures and Removal
Licensor covenants that except in the event that it exercises the Option to Purchase described in
Section VII. A. below, all personal property and improvements of every kind and nature installed,
constructed, or placed by Licensee on the Premises, shall be and remain the property of Licensee
despite any default or termination of this License and may be removed by Licensee provided that
Licensee, at its expense, shall restore the Premises to its condition as of the commencement date of
the License reasonable wear and tear excepted.
F. Removal of the Licensee Facilities Upon Expiration or Termination
Unless Licensor exercises the Option to Purchase described in Section VII. A. below, upon the
expiration of the term of this License or the termination hereof, whichever first occurs, Licensee
shall have the option of removing all of the Licensee Facilities or conveying the Licensee
Facilities to Licensor. In the event Licensee elects to remove the Facilities, Licensee shall restore
the Premises to its condition as of the Commencement Date of this License, reasonable wear and
tear excepted. Any and all removal of Licensee’s equipment shall be performed in a workmanlike
manner, without any interference, damage or destruction to any other equipment, structures or
operations at the Site or any other equipment of other Licensees thereon.
G. Amendments.
This Agreement may be amended in a writing signed by both parties. As to amendments that the
Licensor deems substantial, including any amendment affecting the term of this Agreement or the
License Fee, approval by the Town of Waynesville Board of Aldermen may be required. As to
other amendments, the Town Manager may approve.
VII. EXPIRATION/TERMINATION OF LICENSE
A. Option to Purchase
1. Upon expiration of the initial term of this Agreement, the Licensor shall, pursuant to and
consistent with the terms of this Agreement, have the option to purchase Licensee’s Facilities at
Fair Market Value (the “FMV”).
2. Fair Market Value shall be determined by an appraiser or CPA. The cost of determining the FMV
shall be that of the Licensor. In the event of a dispute regarding the appraisal, Licensee shall have
appraisal completed and the average of the two appraisals shall serve as the FMV. Licensor may
exercise this option at any time after the expiration of the initial term.
3. If Licensor elects not to purchase as described in Section VII.A.1. above, Licensee shall have
the option to renew this License for one (1) additional and successive five–year term (the
“renewal term”) by giving the Licensor written notice of intent to do so at least thirty (30)
days prior to the end of the then current term and said renewal term shall be upon the same
terms and conditions set forth in the License.
B. Termination
In the event of default as described in Section VII. E. below, Licensor may, at its option,
terminate this License upon written notice to Licensee. Except where a different time is set forth
elsewhere herein, said notice shall be thirty (30) days.
C. Holding Over
Should Licensee hold possession of the Premises or any portion thereof after the date upon which
the Premises are to be surrendered, Licensee will become a Licensee on a month-to-month basis
upon all the terms, covenants, and conditions of this License except those pertaining to the
License term. Licensee will continue occupancy from month-to-month until terminated by
Licensor or Licensee by the giving of thirty (30) days’ written notice to the other. Nothing
contained herein shall grant Licensee the right to holdover after the term of this License has
expired.
D. Non-Waiver
Failure of Licensor to insist on strict performance of any of the conditions or provisions of this
License or to exercise any of the rights hereunder shall not waive such rights.
E. EVENT OF DEFAULT
It shall be an Event of Default if any one or more of the following events shall occur:
1.
Licensee shall default in the payment when due of any Rent or other sum of money specified
hereunder to be paid by Licensee, and Licensee does not remedy such default within ten (10)
days after written notice thereof from the Licensor (provided, however, that the Licensor shall
not be required to provide such notice with respect to more than two payments required
during any calendar year during the term hereof); or
2.
Licensee shall default in the performance of any other of the terms, conditions or covenants
contained in this License to be performed or observed by Licensee, other than that specified
in (1) above, and Licensee does not remedy such default within thirty (30) days after written
notice thereof or, if such default cannot be remedied in such period, Licensee does not
commence such efforts to remedy the default within twenty (20) days after such notice and
continue to pursue such efforts and/or acts to completion with reasonable diligence.
3.
In the event Licensor shall fail to keep or perform any of the terms, conditions or covenants
contained in this License to be performed or observed by Licensor, and Licensor does not
remedy such failure within thirty (30) days after written notice thereof is given to Licensor,
Licensee shall have and shall be entitled to exercise any and all rights and remedies permitted
by applicable law.
4.
Notwithstanding anything in this License to the contrary, Licensee and Licensor hereby
waive any claim that each may have against the other party with respect to any consequential
damage or lost profits.
VIII. MISCELLANEOUS
A. Notice
1.
The parties hereby acknowledge that all written notices relative to this License shall be
served upon the parties in writing and shall be deemed properly served only when delivered
by one of the following methods: hand delivered, overnight courier, or posted by certified
United States mail, return receipt requested, addressed to the party to whom directed at the
following addresses or at such other addresses as may be from time to time designated in
writing:
To Licensor:
_____________
_____________
_____________
_____________
To Licensee: Riding Partners, Inc.
c/o/ Matthew Johnson, President
87 Shope Road
Asheville, NC 28805
B. Governing Law
This License shall be governed by and construed in accordance with the laws of the State North
Carolina. All rights and remedies of Licensor under this License shall be cumulative and none
shall exclude any other rights or remedies allowed by law or by equity.
C. Severability
Should any provision or provisions contained in this License be declared by a court of competent
jurisdiction to be void, unenforceable or illegal, such provision or provisions shall be severable
and the remaining provisions hereof shall remain in full force and effect.
D. Entirety
This License contains the entire Agreement of the parties and may not be modified, except by an
instrument in writing and signed by both parties.
TOWN OF WAYNESVILLE
Attest: _________________
Phyllis Rogers,
Acting Town Clerk
By: _________________________
Gavin A. Brown,
Mayor
(Official Seal)
Date: ________________________
RIDING PARTNERS, INC.
Attest:
_________________________
By: _________________________
Matthew Johnson
President, Riding Partners, Inc.
(Corporate Seal)
Date: ________________________
******
COUNTY OF ________________
I_______________, Notary Public of the County and State aforesaid certify that
__________________, personally came before me this day and acknowledged that s/he is the
_________________ of the ______________________, a municipal corporation, and that by
authority duly given and as the act of the corporation the foregoing instrument was signed in its
name by its _____________ and attested by him/herself as its __________________.
Witness my hand and notarial seal this ____ day of ____________, 20___.
(SEAL)
___________________________________
Notary Public
My Commission Expires: ____________
*******
COUNTY OF ___________________________
I, ______________________________, Notary Public of the aforesaid County and State,
certify that ___________________________________ personally came before me this day and
acknowledged that he/she is_________________________ of Riding Partners, Inc. Corporation, and
that he/she, as ______________________________, being authorized to do so, executed the
foregoing on behalf of the said corporation.
Witness my hand and notarial seal this _______ day of __________________, 20______
(SEAL)
___________________________________
Notary Public
My Commission Expires: ____________
Exhibit A
Copy of SURVEY outlining the area of construction and license area
Exhibit B Equipment
List and description of equipment for installation
Montgomery Street Municipal Parking Lot
•
•
•
Two (2) Networked ChargePoint Level 2 Chargers
1- Fuji 25KW DC Fast Charger
Appropriate metering
Exhibit C
Signage
Meeting Date: February 11, 2014
SUBJECT:
Installment financing agreement for the purchase of 19 vehicles and related
equipment (for Police, Fire, Development Services and Administrative Services
Departments) in an amount not to exceed $825,650
AGENDA INFORMATION:
Agenda Location:
New Business
Item Number:
6-B
Department:
Contact:
Presenter:
Finance Department
Eddie Caldwell, Finance Director
Eddie Caldwell, Finance Director
The Town of Waynesville desires to enter into an installment financing
agreement pursuant to N.C.G.S. §160A-20 in the principal amount not to exceed $825,650, for
the purpose of financing the cost of the project described below. The town solicited proposals to
provide the necessary financing for this project from local financial institutions.
BRIEF SUMMARY:
The Project consists of the purchase of nineteen vehicles, and their related equipment.
These purchases include fifteen (15) vehicles and their related equipment to be used by the
police department, two (2) vehicles and their related equipment to be used by the Fire
department, one (1) vehicle to be used by the Development Services Dept and one (1)
vehicle to be assigned to the Administrative Services Dept as a pool vehicle, and (15)
fifteen “Alliance Prins VSI” auto gas conversion kits. The kit allows a vehicle to run on
gasoline or propane gas, and extends the effective range of a single vehicle to nearly 700
miles on a single tank each. The total estimated cost for these purchases is $825,650. The
Town desires to finance the project over a five (5) year period.
15 police vehicles and related equipment …………………………………….$ 572,290
15 Alliance Prins VSI auto gas conversion kits…………………………..…...
84,000
2 fire vehicles and related equipment ………………………………………. 100,000
2 development/admin services vehicles and related equipment…………….
69,360
Total project costs to be financed over a five year term
$ 825,650
The Town publicly opened the proposals at 3:00 pm on January 31, 2014 at the Hazelwood
Municipal Building finance office conference room. See attached Summary of proposals. Wells
Fargo submitted the most attractive terms meeting the Town’s financing needs as presented in
the RFP above, by offering 5 years at 1.4% interest and lowest total financing costs. Anticipated
closing date is 2/14/14. Funds will be escrowed until vehicles are purchased and delivery is
taken.
To accept the financing proposal offered by Wells Fargo, in an
amount not to exceed $825,650, providing for a 5-year term at 1.40% interest, and annual
payments of $172,030.71; and to authorize the mayor, town manager and/or finance director to
execute the financing agreement on behalf of the Town.
MOTION FOR CONSIDERATION:
Board of Aldermen Request for Board Action February 11, 2014
Item 6-B/Page 2
This proposal calls for annual payments from the General Fund of
$172,030.71 for five years, beginning in FY2015. The Town received approximately $10,000 in
insurance proceeds toward the replacement of the damaged 2005 Prius, which has already been
booked as miscellaneous revenue in the General Fund.
ATTACHMENTS:
•
•
Summary of financing proposals
Wells Fargo Quote
MANAGER’S COMMENTS AND RECOMMENDATIONS:
Approve as presented.
The FY14 adopted budget provided for financing the new police and fire vehicles and their
related equipment over five years with an estimated annual payment of $139,640 which included
only the cost of vehicle purchase (and not related conversion equipment). Since that time, the
Board of Aldermen has discussed and approved in concept the purchase of auto gas-to-propane
conversion kits for the police and fire vehicles, and the unanticipated replacement of two
vehicles (one in Administrative and one in Development Services), which are being retired from
the fleet due to irreparable damage and excessive estimated maintenance/repair costs. The costs
for these additional items already approved by the Board of Aldermen have been added to the
proposed financing package as indicated above, with a total anticipated annual payment of
approximately $172K for the next five years. Because the first payment is not due until next
fiscal year, no budget amendment is required.
Plug-in electric hybrid vehicles will be purchased to replace the 2005 Prius (which was totaled in
an employee accident earlier this year) and one surplused Code Enforcement truck (which has
become unreliable and potentially dangerous, and currently costing the Town far more than
salvage value to retain in service). The police patrol and fire admin vehicle will be gas-topropane conversions, in keeping with the Board’s stated goals to reduce fuel costs, reduce carbon
footprint, and promote and diversify usage of alternative fuels. Previous studies have shown that
the propane conversions should provide 100% return on investment within 3-5 years based on
current comparative fuel prices. It is anticipated that there will be no new vehicle purchases or
routine replacements in FY15.
If the proposed financing package is approved, the Board will follow with action to award the
formal bid for the police vehicle package. The other four vehicles being purchased, (for Fire,
Administrative Services and Development Services), fall into the informal bid category and will
be bid separately from the police package and awarded by staff, in accordance with NC General
Statutes and Town Purchasing Policy, to the lowest responsive responsible bidder.
Town of Waynesville
Summary of proposals for financing $825,650
Quotes opened January 31, 2014 at 3:00 p.m.
Vehicles and related equipment $825,650
Financial
Organizations YRS
Interest
Rate
Payment
Amount
Cash
Outflows
Total
Cash
Outflows
Other
Costs
BB&T
5
1.530%
172,786.18
863,930.90
Wells Fargo
5
1.400%
172,030.71
860,153.55
500.00 Prepayment not permitted
860,653.55
Sun Trust
5
1.686%
173,575.37
867,876.85
750.00 Prepayment at 101% of par.
(Closing costs of 500.00 plus 250.00
escrow fee)
868,626.85
Sun Trust
5
1.886%
174,589.42
872,947.10
750.00 No prepayment penalty.
(Closing costs of 500.00 plus 250.00
escrow fee)
873,697.10
HomeTrust
5
1.690%
173,595.62
867,978.81
TD Bank
5
1.600% Varied payment
865,281.20
1,500.00 Prepayment equal a "Yield Maintenance Fee"
866,781.20
TD Bank
5
1.635% Varied payment
866,148.13
1,500.00 No prepayment penalty.
867,648.13
PNC
.
"Submit a No Bid"
1% prepayment penalty
300.00 No prepayment penalty.
863,930.90
868,278.81
Meeting Date: February 11, 2014
SUBJECT:
Award Formal Bid FBR 103 -14 for the Police Vehicle Package for FYE 2014
AGENDA INFORMATION:
Agenda Location:
Item Number:
Department:
Contact:
Presenter:
New Business
7-B
Purchasing
Julie Grasty, Purchasing Supervisor
Julie Grasty, Purchasing Supervisor
BRIEF SUMMARY: The adopted FY 13 – 14 annual budget included the purchase of 14
Police Pursuit Vehicles and 1 Detective Vehicle. On November 13, a Request for Proposal was
distributed and bids were opened on Thursday, December 5, 2013 at 2:00 p.m. Upon review of
the bids and North Carolina State Contract, it appears that NC State Contract is the lowest price.
The only difference in our specifications and NC State Contract is that we asked for a full-sized
spare while NC State Contract has a “donut”spare. In the past we have purchased the vehicles
from the NC State Contract, our current pursuit vehicles have the “donut” spare.
MOTION FOR CONSIDERATION: Reject the bids for the purchase of 14 Police Pursuit
Vehicle, but instead purchase the vehicles from North Carolina State Contract 070B from Horace
G. Ilderton LLC of High Point, NC in the amount of $ 318,990.
FUNDING SOURCE/IMPACT: The Town intends to get a 5 year loan with the first payment
to be budgeted in FYE 2015 budget.
ATTACHMENTS:
• Bid Tabulation
MANAGER’S COMMENTS AND RECOMMENDATIONS: Approve as presented.
Town of Waynesville
FBR 103 - 14 Police Vehicle Package
December 5, 2013 2:00 P.M.
Vendors:
ITEM QTY
1
14
Horace G. Ilderton LLC
PRODUCT
UNIT
INFORMATION
PRICE
ITEM DESCRIPTION
Police Vehicles
Dodge
Production Year
$23,085.00
PRODUCT
UNIT
INFORMATION
PRICE
Extended Price
ITEM QTY
$323,190.00
2
1
2014
Extended Price
Dodge
$0.00
2014
Model Charger Police
Avenger SE
Pursuit V8 Hemi
Other
Delivery
Rear Wheel
Drive
90 Days
Have to take an Avenger out of current inventory
at the time of award
Total Bid
Vendors:
ITEM QTY
1
14
$323,190.00
Waynesville Chrysler Dodge Jeep Ram
PRODUCT
UNIT
INFORMATION
PRICE
ITEM DESCRIPTION
Police Vehicles
Dodge
Production Year
2014
Pursuit V8 Hemi
Other Rear Wheel
Drive
Delivery 90 - 120 Days
Total Bid
$23,166.00
$324,324.00
Waynesville Chrysler Dodge Jeep Ram
PRODUCT
UNIT
INFORMATION
PRICE
ITEM QTY
2
1
Dodge
$0.00
2014
Avenger SE
Have to take an Avenger out of current inventory
at the time of award
$324,324.00
Town of Waynesville
FBR 103 - 14 Police Vehicle Package
December 5, 2013 2:00 P.M.
Vendors:
ITEM QTY
1
14
Egolf of Brevard
PRODUCT
INFORMATION
UNIT
PRICE
ITEM DESCRIPTION
Police Vehicles
Dodge
Production Year
2014
$23,737.00
$332,318.00
ITEM QTY
2
1
Egolf of Brevard
PRODUCT
INFORMATION
UNIT
PRICE
Dodge
No Bid
No Bid
2014
Avenger SE
Pursuit V8 Hemi
Other
Delivery
Total Bid
Rear Wheel
Drive
90 - 120 Days
Dodge is no longer manufacturing Avengers
$332,318.00
North Carolina State Contract 070B
Vendors:
ITEM QTY
1
14
PRODUCT
UNIT
INFORMATION
PRICE
Extended Price
ITEM DESCRIPTION
Police Vehicles
Dodge
Production Year
2014
$22,785.00
PRODUCT
UNIT
INFORMATION
PRICE
$318,990.00
ITEM QTY
2
1
Dodge
Extended Price
$0.00
2014
Avenger SE
Pursuit V8 Hemi
Other
Delivery
Total Bid
Rear Wheel
Drive
90 Days
$318,990.00
SUBJECT: Request to remove parcel at 180 Legion Drive (PIN 8615-25-5741) from Downtown
Waynesville Municipal Service District (request of Realtor Bruce McGovern on behalf of client and
property owner James Earley)
AGENDA INFORMATION:
Agenda Location:
Item Number:
Department:
Contact:
Presenter:
New Business
8-C
Administrative Services
BRIEF SUMMARY: The property owner at 180 Legion Drive, currently the site of Ferguson’s Plumbing
Supply, has requested removal of the parcel from the Municipal Service District. The property, assessed
at $346,100 market value, is currently on the market for sale by property owner James Earley, who will
be represented by local realtor Bruce McGovern in making this request of the Board of Aldermen.
NC General Statute §160A-538.1 allows for reduction of service districts “upon finding there is no longer
a need to include within a particular service district any certain tract . . . “ The statute allows action to
remove a tract by board resolution, only after a public hearing, and a determination that there is no
need to include the tract in the district. Removal of any tract from a service district takes effect at the
end of the fiscal year following passage of the resolution.
MOTION FOR CONSIDERATION: No action permitted at this meeting. If the board wishes to consider
removal of a property from the municipal service district, then it must first schedule a public hearing to
consider the impact of removing the property from the district, prior to rendering any decision.
Based on the property’s current assessed value and current tax rate of
20¢/$100 valuation, loss of revenue to the municipal service district is estimated at $692.20 per year.
ATTACHMENTS:
•
•
Aerial Map of subject property
NCGS § 160A-535 thru 545 (Article 23 on Municipal Service Districts)
MANAGER’S COMMENTS AND RECOMMENDATIONS: Removal of any property from the MSD would
have a detrimental financial impact on the entire district by shifting the burden of costs on fewer
property owners, and the precedent set by removing a property from the district would likely encourage
other property owners to request removal simply because of the desire to avoid costs associated with
enhanced services, which benefit all MSD property owners. Furthermore, the removal of this particular
piece of property would split the district and would render at least one other service district parcel
isolated from the remainder of the district.
The boundaries of the MSD were established many years ago, with express knowledge and approval of
property owners in the district. The district is comprised of properties contiguous to Main Street, from
Bogarts at the intersection of Legion Drive on the west end to roughly Russ Avenue on the east end and
those properties bounding side streets running south to Wall Street and north to Montgomery Street.
The municipal service district exists to undertake revitalization activities, special promotions and
marketing, advocacy for downtown businesses and other enhanced services within the district based on
the Guidelines of the NC and National Main Street Programs, while preserving and sustaining the social,
cultural, economic and historic role of downtown as the center of the Waynesville community. The
district assessment of 20¢/$100 valuation generates approximately $100,000 per year and is
administered by the Downtown Waynesville Association, under contract to the Town, on behalf of all
property owners in the district.
If the Board of Aldermen wishes to consider any changes to service district boundaries at any point in
the future, the manager recommends the Board first engage the officers, board of directors and
membership of the Downtown Waynesville Association in a process of formal review and discussion
before proceeding further. In addition, it is anticipated that the Board of Aldermen will address this and
other issues raised at the recent Downtown Waynesville Planning Retreat at its own Retreat scheduled
for later in February.
The manager recommends that the Board of Aldermen decline to consider changes to municipal
service district boundaries at this time.
Report For 8615-25-5741
EARLEY, JAMES B
329 HUNT ESTATES DR
WAYNESVILLE, NC 28786
Account Information:
PIN:
8615-25-5741
Deed:
465/525
Site Information:
180 LEGION DR
STORE, RETAIL
COMMERCIAL USE
COMMERCIAL PRIMARY
Heated Area:
0
Year Built:
0
Total Acreage:
0.624
Township:
TOWN OF WAYNESVILLE
Site Value Information:
Land Value:
$135,000
Building Value: $211,100
Market Value:
$346,100
Defered Value: ($0)
Assessed Value: $346,100
Sale Price:
$35,000
Sale Date:
5/7/1998
Taxes 2012:
$1,873.44
Taxes 2011:
$1,873.44
1: 550
Disclaimer: The maps on this site are not surveys. They are
prepared from the inventory of real property found within this
jurisdiction and are compiled from recorded deeds, plats and other
public records and data. Users of this site are hereby notified that
the aforementioned public primary information sources should be
consulted for verification of any information contained on these
maps. Haywood county and the website provider assume no legal
responsibility for the information contained on these maps.
Map generated by the Haywood County Map Server.
1/26/2014
1: 4398
Map generated by the Haywood County Map Server.
1/27/2014
Haywood County GIS
Disclaimer: The maps on this site are not surveys. They are
prepared from the inventory of real property found within this
jurisdiction and are compiled from recorded deeds, plats and other
public records and data. Users of this site are hereby notified that
the aforementioned public primary information sources should be
consulted for verification of any information contained on these
maps. Haywood county and the website provider assume no legal
responsibility for the information contained on these maps.
Article 23.
Municipal Service Districts.
§ 160A-535. Title; effective date.
This Article may be cited as "The Municipal Service District Act of 1973," and is enacted pursuant to
Article V, Sec. 2(4) of the Constitution of North Carolina, effective July 1, 1973. (1973, c. 655, s. 1.)
§ 160A-536. Purposes for which districts may be established.
(a) Purposes. - The city council of any city may define any number of service districts in order to
finance, provide, or maintain for the districts one or more of the following services, facilities, or
functions in addition to or to a greater extent than those financed, provided or maintained for the entire
city:
(1) Beach erosion control and flood and hurricane protection works.
(1a) (For applicability see note) Any service, facility, or function which the municipality may
by law provide in the city, and including but not limited to placement of utility
wiring underground, placement of period street lighting, placement of specially
designed street signs and street furniture, landscaping, specialized street and
sidewalk paving, and other appropriate improvements to the rights-of-way that
generally preserve the character of an historic district; provided that this subdivision
only applies to a service district which, at the time of its creation, had the same
boundaries as an historic district created under Part 3A of Article 19 of this Chapter.
(2) Downtown revitalization projects.
(2a) Urban area revitalization projects.
(2b) Transit-oriented development projects.
(3) Drainage projects.
(3a) Sewage collection and disposal systems of all types, including septic tank systems or
other on-site collection or disposal facilities or systems.
(3b) (For applicability see note) Lighting at interstate highway interchange ramps.
(4) Off-street parking facilities.
(5) Watershed improvement projects, including but not limited to watershed improvement
projects as defined in General Statutes Chapter 139; drainage projects, including but
not limited to the drainage projects provided for by General Statutes Chapter 156;
and water resources development projects, including but not limited to the federal
water resources development projects provided for by General Statutes Chapter
143, Article 21.
(6) Conversion of private residential streets to public streets as provided in subsection (e) of
this section.
(b) Downtown Revitalization Defined. - As used in this section "downtown revitalization projects"
are improvements, services, functions, promotions, and developmental activities intended to further the
public health, safety, welfare, convenience, and economic well-being of the central city or downtown
area. Exercise of the authority granted by this Article to undertake downtown revitalization projects
financed by a service district do not prejudice a city's authority to undertake urban renewal projects in
the same area. Examples of downtown revitalization projects include by way of illustration but not
limitation all of the following:
(1) Improvements to water mains, sanitary sewer mains, storm sewer mains, electric power
distribution lines, gas mains, street lighting, streets and sidewalks, including rightsof-way and easements.
(2) Construction of pedestrian malls, bicycle paths, overhead pedestrian walkways, sidewalk
canopies, and parking facilities both on-street and off-street.
(3) Construction of public buildings, restrooms, docks, visitor centers, and tourism facilities.
(4) Improvements to relieve traffic congestion in the central city and improve pedestrian
and vehicular access to it.
(5) Improvements to reduce the incidence of crime in the central city.
(6) Providing city services or functions in addition to or to a greater extent than those
provided or maintained for the entire city.
(7) Sponsoring festivals and markets in the downtown area, promoting business investment
in the downtown area, helping to coordinate public and private actions in the
downtown area, and developing and issuing publications on the downtown area.
(c) Urban Area Revitalization Defined. - As used in this section, the term "urban area revitalization
projects" includes the provision within an urban area of any service or facility that may be provided in a
downtown area as a downtown revitalization project under subdivision (a)(2) and subsection (b) of this
section. As used in this section, the term "urban area" means an area that (i) is located within a city and
(ii) meets one or more of the following conditions:
(1) It is the central business district of the city.
(2) It consists primarily of existing or redeveloping concentrations of industrial, retail,
wholesale, office, or significant employment-generating uses, or any combination of
these uses.
(3) It is located in or along a major transportation corridor and does not include any
residential parcels that are not, at their closest point, within 150 feet of the major
transportation corridor right-of-way or any nonresidentially zoned parcels that are
not, at their closest point, within 1,500 feet of the major transportation corridor
right-of-way.
(4) It has as its center and focus a major concentration of public or institutional uses, such as
airports, seaports, colleges or universities, hospitals and health care facilities, or
governmental facilities.
(c1) Transit-Oriented Development Defined. - As used in this section, the term "transit-oriented
development" includes the provision within a public transit area of any service or facility listed in this
subsection. A public transit area is an area within a one-fourth mile radius of any passenger stop or
station located on a mass transit line. A mass transit line is a rail line along which a public transportation
service operates or a busway or guideway dedicated to public transportation service. A busway is not a
mass transit line if a majority of its length is also generally open to passenger cars and other private
vehicles more than two days a week.
The following services and facilities are included in the definition of "transit-oriented development"
if they are provided within a transit area:
(1) Any service or facility that may be provided in a downtown area as a downtown
revitalization project under subdivision (a)(2) and subsection (b) of this section.
(2) Passenger stops and stations on a mass transit line.
(3) Parking facilities and structures associated with passenger stops and stations on a mass
transit line.
(4) Any other service or facility, whether public or public-private, that the city may by law
provide or participate in within the city, including retail, residential, and commercial
facilities.
(d) Contracts. - A city may provide services, facilities, functions, or promotional and developmental
activities in a service district with its own forces, through a contract with another governmental agency,
through a contract with a private agency, or by any combination thereof. Any contracts entered into
pursuant to this paragraph shall specify the purposes for which city moneys are to be used and shall
require an appropriate accounting for those moneys at the end of each fiscal year or other appropriate
period.
(e) Converting Private Residential Streets to Public Streets. - A city may establish a municipal service
district for the purpose of converting private residential streets to public streets if the conditions of this
subsection are met. The property tax levied in a municipal service district created for this purpose may
be used only to pay the costs related to the transfer of ownership of the streets, evaluation of the
condition of the private streets, and the design and construction costs related to improving the private
streets to meet public street standards as approved by the governing board. Notwithstanding G.S. 160A542, the property tax rate in a district created for this purpose may not be in excess of thirty percent
(30%) of the ad valorem tax rate in effect in the city in the fiscal year prior to the establishment of the
district. After the private streets have been upgraded to meet public street standards and all costs have
been recovered from the tax in the district, no further tax may be levied in the district, and the city
council must abolish the municipal service district as provided by G.S. 160A-541.
Notwithstanding G.S. 160A-299, if a city abandons the streets and associated rights-of-way acquired
pursuant to this subsection, the street-related common elements must be returned to the owners'
association from which the city acquired them in a manner that makes the owners' association's
holdings in common elements as they were prior to the establishment of the municipal service district.
For a city to create a municipal service district for the purpose of converting private residential
streets to public streets, all of the following conditions must be met:
(1) The private residential road must be nongated.
(2) The city must receive a petition signed by at least sixty percent (60%) of the lot owners of
the owners' association requesting the city to establish a municipal service district
for the purpose of paying the costs related to converting private residential streets
to public streets. The executive board of an owners' association for which the city
has received a petition under this subsection may transfer street-related common
elements to the city, notwithstanding the provisions of either the North Carolina
Planned Community Act in Chapter 47F of the General Statutes or the North
Carolina Condominium Act in Chapter 47C of the General Statutes, or related
articles of declaration, deed covenants, or any other similar document recorded
with the Register of Deeds.
(3) The city must agree to accept the converted streets for perpetual public maintenance.
(4) The city must meet one of the following requirements:
a. Located primarily in a county that has a population of 750,000 or more according
to the most recent decennial federal census, and also located in an adjacent
county with a population of 250,000 or more according to the most recent
decennial federal census.
b. Located primarily in a county with a population of 250,000 or more according to
the most recent decennial federal census, and also located in an adjacent
county with a population of 750,000 or more according to the most recent
decennial federal census. (1973, c. 655, s. 1; 1977, c. 775, ss. 1, 2; 1979, c.
595, s. 2; 1985, c. 580; 1987, c. 621, s. 1; 1999-224, s. 1; 1999-388, s. 1;
2004-151, s. 1; 2004-203, s. 5(m); 2009-385, s. 1; 2011-72, ss. 1, 2; 2011322, s. 1; 2012-79, s. 1.11.)
§ 160A-537. Definition of service districts.
(a) Standards. - The city council of any city may by resolution define a service district upon finding
that a proposed district is in need of one or more of the services, facilities, or functions listed in G.S.
160A-536 to a demonstrably greater extent than the remainder of the city.
(b) Report. - Before the public hearing required by subsection (c), the city council shall cause to be
prepared a report containing:
(1) A map of the proposed district, showing its proposed boundaries;
(2) A statement showing that the proposed district meets the standards set out in
subsection (a); and
(3) A plan for providing in the district one or more of the services listed in G.S. 160A-536.
The report shall be available for public inspection in the office of the city clerk for at least four weeks
before the date of the public hearing.
(c) Hearing and Notice. - The city council shall hold a public hearing before adopting any resolution
defining a new service district under this section. Notice of the hearing shall state the date, hour, and
place of the hearing and its subject, and shall include a map of the proposed district and a statement
that the report required by subsection (b) is available for public inspection in the office of the city clerk.
The notice shall be published at least once not less than one week before the date of the hearing. In
addition, it shall be mailed at least four weeks before the date of the hearing by any class of U.S. mail
which is fully prepaid to the owners as shown by the county tax records as of the preceding January 1
(and at the address shown thereon) of all property located within the proposed district. The person
designated by the council to mail the notice shall certify to the council that the mailing has been
completed and his certificate is conclusive in the absence of fraud.
(d) Effective Date. - Except as otherwise provided in this subsection, the resolution defining a service
district shall take effect at the beginning of a fiscal year commencing after its passage, as determined by
the city council. If the governing body in the resolution states that general obligation bonds or special
obligation bonds are anticipated to be authorized for the project, it may make the resolution effective
immediately upon its adoption or as otherwise provided in the resolution. However, no ad valorem tax
may be levied for a partial fiscal year.
(e) In the case of a resolution defining a service district, which is adopted during the period
beginning July 1, 1981, and ending July 31, 1981, and which district is for any purpose defined in G.S.
160A-536(1), the city council may make the resolution effective for the fiscal year beginning July 1, 1981.
In any such case, the report under subsection (b) of this section need only have been available for public
inspection for at least two weeks before the date of the public hearing, and the notice required by
subsection (c) of this section need only have been mailed at least two weeks before the date of the
hearing. (1973, c. 655, s. 1; 1981, c. 53, s. 1; c. 733, s. 1; 2006-162, s. 25; 2012-156, s. 4.)
§ 160A-538. Extension of service districts.
(a) Standards. - The city council may by resolution annex territory to any service district upon finding
that:
(1) The area to be annexed is contiguous to the district, with at least one eighth of the area's
aggregate external boundary coincident with the existing boundary of the district;
(2) That the area to be annexed requires the services of the district.
(b) Annexation by Petition. - The city council may also by resolution extend by annexation the
boundaries of any service district when one hundred percent (100%) of the real property owners of the
area to be annexed have petitioned the council for annexation to the service district.
(c) Report. - Before the public hearing required by subsection (d), the council shall cause to be
(1) A map of the service district and the adjacent territory, showing the present and
proposed boundaries of the district;
(2) A statement showing that the area to be annexed meets the standards and requirements
of subsections (a) or (b); and
(3) A plan for extending services to the area to be annexed.
The report shall be available for public inspection in the office of the city clerk for at least two weeks
before the date of the public hearing.
(d) Hearing and Notice. - The council shall hold a public hearing before adopting any resolution
extending the boundaries of a service district. Notice of the hearing shall state the date, hour and place
of the hearing and its subject, and shall include a statement that the report required by subsection (c) is
available for inspection in the office of the city clerk. The notice shall be published at least once not less
than one week before the date of the hearing. In addition, the notice shall be mailed at least four weeks
before the date of the hearing to the owners as shown by the county tax records as of the preceding
January 1 of all property located within the area to be annexed. The notice may be mailed by any class
of U.S. mail which is fully prepaid. The person designated by the council to mail the notice shall certify to
the council that the mailing has been completed, and his certificate shall be conclusive in the absence of
fraud.
(e) Effective Date. - The resolution extending the boundaries of the district shall take effect at the
beginning of a fiscal year commencing after its passage, as determined by the council.
(f) (For applicability see note) A service district which at the time of its creation had the same
boundaries as an historic district created under Part 3A of Article 19 of this Chapter may only have its
boundaries extended to include territory which has been added to the historic district. (1973, c. 655, s.
1; 1981, c. 53, s. 2; 1987, c. 621, s. 2.)
§ 160A-538.1. Reduction of service districts.
(a) Upon finding that there is no longer a need to include within a particular service district any
certain tract or parcel of land, the city council may by resolution redefine a service district by removing
therefrom any tract or parcel of land which it has determined need no longer be included in said district.
The city council shall hold a public hearing before adopting a resolution removing any tract or parcel of
land from a district. Notice of the hearing shall state the date, hour and place of the hearing, and its
subject, and shall be published at least once not less than one week before the date of the hearing.
(b) The removal of any tract or parcel of land from any service district shall take effect at the end of
a fiscal year following passage of the resolution, as determined by the city council.
(c) (For applicability see note) A service district which at the time of its creation had the same
boundaries as an historic district created under Part 3A of Article 19 of this Chapter may only have its
boundaries reduced to exclude territory which has been removed from the historic district. (1977, c.
775, s. 3; 1987, c. 621, s. 3.)
§ 160A-539. Consolidation of service districts.
(a) The city council may by resolution consolidate two or more service districts upon finding that:
(1) The districts are contiguous or are in a continuous boundary; and
(2) The services provided in each of the districts are substantially the same; or
(3) If the services provided are lower for one of the districts, there is a need to increase
those services for that district to the level of that enjoyed by the other districts.
(b) Report. - Before the public hearing required by subsection (c), the city council shall cause to be
(1) A map of the districts to be consolidated;
(2) A statement showing the proposed consolidation meets the standards of subsection (a);
and
(3) If necessary, a plan for increasing the services for one or more of the districts so that
they are substantially the same throughout the consolidated district.
The report shall be available in the office of the city clerk for at least two weeks before the public
hearing.
(c) Hearing and Notice. - The city council shall hold a public hearing before adopting any resolution
consolidating service districts. Notice of the hearing shall state the date, hour, and place of the hearing
and its subject, and shall include a statement that the report required by subsection (b) is available for
inspection in the office of the city clerk. The notice shall be published at least once not less than one
week before the date of the hearing. In addition, the notice shall be mailed at least four weeks before
the hearing to the owners as shown by the county tax records as of the preceding January 1 of all
property located within the consolidated district. The notice may be mailed by any class of U.S. mail
which is fully prepaid. The person designated by the council to mail the notice shall certify to the council
that the mailing has been completed, and his certificate shall be conclusive in the absence of fraud.
(d) Effective Date. - The consolidation of service districts shall take effect at the beginning of a fiscal
year commencing after passage of the resolution of consolidation, as determined by the council. (1973,
c. 655, s. 1; 1981, c. 53, s. 2.)
§ 160A-540. Required provision or maintenance of services.
(a) New District. - When a city defines a new service district, it shall provide, maintain, or let
contracts for the services for which the residents of the district are being taxed within a reasonable
time, not to exceed one year, after the effective date of the definition of the district.
(b) Extended District. - When a city annexes territory for a service district, it shall provide, maintain,
or let contracts for the services provided or maintained throughout the district to the residents of the
area annexed to the district within a reasonable time, not to exceed one year, after the effective date of
the annexation.
(c) Consolidated District. - When a city consolidates two or more service districts, one of which has
had provided or maintained a lower level of services, it shall increase the services within that district (or
let contracts therefor) to a level comparable to those provided or maintained elsewhere in the
consolidated district within a reasonable time, not to exceed one year, after the effective date of the
consolidation. (1973, c. 655, s. 1.)
§ 160A-541. Abolition of service districts.
Upon finding that there is no longer a need for a particular service district, the city council may by
resolution abolish that district. The council shall hold a public hearing before adopting a resolution
abolishing a district. Notice of the hearing shall state the date, hour and place of the hearing, and its
subject, and shall be published at least once not less than one week before the date of the hearing. The
abolition of any service district shall take effect at the end of a fiscal year following passage of the
resolution, as determined by the council. (1973, c. 655, s. 1.)
§ 160A-542. Taxes authorized; rate limitation.
A city may levy property taxes within defined service districts in addition to those levied throughout
the city, in order to finance, provide or maintain for the district services provided therein in addition to
or to a greater extent than those financed, provided or maintained for the entire city. In addition, a city
may allocate to a service district any other revenues whose use is not otherwise restricted by law.
Property subject to taxation in a newly established district or in an area annexed to an existing
district is that subject to taxation by the city as of the preceding January 1.
Property taxes may not be levied within any district established pursuant to this Article in excess of a
rate on each one hundred dollar ($100.00) value of property subject to taxation which, when added to
the rate levied city wide for purposes subject to the rate limitation, would exceed the rate limitation
established in G.S. 160A-209(d), unless that portion of the rate in excess of this limitation is submitted to
and approved by a majority of the qualified voters residing within the district. Any referendum held
pursuant to this paragraph shall be held and conducted as provided in G.S. 160A-209.
This Article does not impair the authority of a city to levy special assessments pursuant to Article 10
of this Chapter for works authorized by G.S. 160A-491, and may be used in addition to that
authority. (1973, c. 655, s. 1.)
§ 160A-543. Bonds authorized.
A city may incur debt under general law to finance services, facilities or functions provided within a
service district. If a proposed general obligation bond issue is required by law to be submitted to and
approved by the voters of the city, and if the proceeds of the proposed bond issue are to be used in
connection with a service that is or, if the bond issue is approved, will be provided only for one or more
service districts or at a higher level in service districts than city wide, the proposed bond issue must be
approved concurrently by a majority of those voting throughout the entire city and by a majority of the
total of those voting in all of the affected or to be affected service districts. (1973, c. 655, s. 1; 2004-151,
s. 4.)
§ 160A-544. Exclusion of personal property of public service corporations.
There shall be excluded from any service district and the provisions of this Article shall not apply to
the personal property of any public service corporation as defined in G.S. 160A-243(c); provided that
this section shall not apply to any service district in existence on January 1, 1977. (1977, c. 775, s. 4.)
§§ 160A-545 through 160A-549. Reserved for future codification purposes
Town of
Waynesville
Mid-Year
Report
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January 27, 2013
Finance:
Administration:
VC3 IT Conversion

The IT conversion went smoothly last week

All but two engineers have left

This was the first of many steps to complete until
we move to the cloud

The proposed time of moving into the cloud is set
for June-August
Art Acquisition Projects

Chasing Frogs has been successfully removed and
put into storage

The removal of Le Femme is scheduled for
February 12th
2
Human Resources:
1) Blue Cross/Blue Shield Health Insurance Meeting for Employees –July 2013
A representative from Blue Cross/Blue Shield of NC and Wells Fargo Insurance services conducted a series of employee
meetings regarding the Town’s health insurance benefits for the 2013-14.
2) Cafeteria Benefit Meetings – August 2013
Representatives from Mark III, conducted their annual enrollment meetings for optional pre-tax and after tax benefits
available to all employees; Health Spending Accounts; Community Eye Care Vision Plan; Allstate Cancer plans;
Continental American Accident Plan; American United Life(short term disability plan); Texas Whole Life. Good
participation numbers.
3) Bloodborne Pathogens Training – All employees - November 2013
OSHA, mandatory annual training for all employees completed over 2 days.
4) Hazardous Communication Training & New Requirements for December 2013– November & December 2013 Employees in Streets and Sanitation; Water/Sewer; Electric; Water Operations; Wastewater and Parks & Recreation
completed the new online training program required by OSHA through the North Carolina League’s “Safety Catch
training Video Program”. Training program was approximately 2 hours in length for each employee, followed by a post
test, in which employees had to pass with a minimum score of 80% to be eligible for certification. All employees passed
the examination and received their certificates.
5) Wellness Program for 2014
Wellness Committee completed the final guidelines for rolling–out the wellness program in mid-January.
6.) Employee Direct Deposit – Combined effort with the Finance Department to notify and enroll employees for Direct
Deposit by January 16, 2014. 135 employees were enrolled for direct deposit, as of December 31, 2013, with another 70
employee direct deposit forms received since January 1, 2014. For the first pay period of January, the Town will have 215
out of 260 employees enrolled for direct deposit.
7) North Carolina-W-4
New Tax requirement forms completed by all employees as of January1, 2014.
8) Personnel Activity from July 1, 2013 – December 31, 2013
Total New Hires – Total 12 ( All vacancies filled were due to retirements and/or resignations)
Finance Dept.-(1); Customer Service Rep.
Police Dept. (6); 5 Officers; 1 Dispatcher
Parks & Recreation (2) 1 Program Specialist; l full-time life guard
Streets/Sanitation (2); 2 Maintenance Workers 2
Wastewater (1) Mechanic
Promotions – Total 6 - Police Dept. (4); Electric (1); Finance (1)
Retirees – Total 8 - Police Dept. (3) Electric (1); Water/Sewer (1) Finance
(1) Administration (1)
Waste water (1)
Quits/Terminations –Total 3 - Water/Sewer (1); Electric (1); Police (1)
3
Development Services:
Building Inspections
Permit Activity: value of construction = $5,967,170.25
Permit fees collected = $36,962.55
Notable projects:
Taco Bell, new building $538,512
Mattress Firm, new building - $650,000
Wells Funeral renovation $891,000
Etiam
Planning North Main Complete Streets Study – completed in November - $28,000 grant



eu ipsum.
Donec
ac arcu.and bicycle
Redesign of the North Main Street – Walnut Street intersection with
added sidewalks
lanes
Project submitted for ranking by the French Broad River Metropolitan Planning Organization and
the North Carolina Department of Transportation
If ranking qualifies the project for inclusion in the State Transportation Improvement Program
additional public input workshops will be scheduled. If the project is not included in the STIP no
further action will be required.
Historic Design Review Guidelines – adopted in September - $10,000 grant



- sodales.
This along with the National Register of Historic Places listing of the Main Street
Historic
District provides the foundation for Local Historic District listing.
Local Historic District designation would provide design control protection for the Main Street
District. This would apply to exterior alterations only and would require design approval from
the Historic Preservation Commission.
This designation would only be successful if requested by a majority of affected property owners
and tenants.
Comprehensive Revision of the Sign Ordinance – adopted in November.
3 rezonings:
1. 33 Bennett Street
2. 2566 Asheville Road
3. 1783 South Main Street
$2,825,501.00 $2,912,016 $1,460,056 $341,575 September $942,068.00 $1,118,859 $565,418 $684,067 October $892,440.00 $730,891 $261,259 $1,402,780 November $543,593.00 $608,944 $411,080 $342,859 December $375,247.25 $932,391 $1,185,619 $823,251 $5,967,170.25 6,802,906 $5,858,811.00 $3,707,318 2013
2012
2011
December
$112,786 November
$1,975,379 $3,500,000.00
$3,000,000.00
$2,500,000.00
$2,000,000.00
$1,500,000.00
$1,000,000.00
$500,000.00
$0.00
October
2010 September
2011 $499,805 August $388,321.00 2012 August
July 2013 July
2010
4
Fire:
2013 Year in Review
 Fires
65
 Emergency Medical
1633
 Hazardous Condition (No Fire)
122
 Service Calls
99
 Good Intent Calls
118
 False Alarms and Activations
142
 Severe Weather
10
 Other
1
Total Calls 2146
2012 Structure Fires
(40)
Pre Incident
Values:
$1,023,000.00*
2013 Structure Fires
(30)
Pre Incident Value:
$1,700,200.00*
Total Loss Value:
Total Loss Value:
$90,975.00
$601,040.00*
Property Saved:
Property Saved :
$932,025.00
$1,099,160.00*
One arrest and conviction
for a residential fire.
One arrest and conviction
for a residential fire.
*Estimated Values
*Estimated Values
Fire and Life Safety
Fewer Programs offered but the number of participants
increased:
 2010 232 programs, 192 hours, 3,100 participants
 2013 127 programs, 127 hours, 5,554 participants
 Station Tours: 22
 Car Seats: 55
 Smoke Detectors: 7
5
Parks and Recreation:
Notes of Interest
•
•
•
•
Our department finished 2013 with 143,031, attendance at the Waynesville Recreation Center. That is the third
highest since 2001.
The Waynesville Recreation Center was voted “Best Fitness Center” by The Mountaineer’s Readers Choice
Awards. This is the third year in a row we have won this award.
Marla Wengyn, massage therapist at the Waynesville Recreation Center, was voted “Best Masseusse” by The
Mountaineer’s Readers Choice Awards. This is the second year in a row she has won this award.
The Waynesville Parks and Recreation Department has the number one attended Silver Sneaker program in the
state.
New Additions
Old Removals
Heated and Air-conditioned
Bathrooms
The Old Pool House
The Waynesville Skate Park
The House on Vance Street
6
Lorem Ipsum
Issue | Date
Police:
Handgun and Patrol Rifle Acquisition
•
•
•
•
GLOCK 22 Handgun Replacement for Patrol Officers
GLOCK 23 Handgun Replacement for Investigators
GLOCK 35 Issued to SRT Officers
Smith and Wesson .223 Patrol Rifles Issued
Every Uniformed Patrol Officer and TAC Officer have an Agency Issued or Personal
Patrol Rifle
Multi - Agency Drug Task Force
Sgt. Tyler Trantham
Det. Brad Miller
Det. Rob Skiver
Members and Participants
•
•
•
•
•
Waynesville
Canton
Maggie Valley
Haywood County
SBI
Operation “Dry Erase”




Agency Drug Enforcement Partnership
7 Month Operation
31 Total Arrests
114 Separate Felony Charges
NC Association of Chiefs of Police
 NC 911 Board has approved the definition of a secondary PSAP as:
A secondary PSAP is able to receive the voice and data of an Enhanced 911
call transferred from a primary PSAP and to complete the call taking process
dispatching law, medical, fire or other responder.
 NC 911 Board approved the funding of Secondary PSAP’s under NC G.S.
62A-40.
 911 PSAP (Public Safety Answering Point)
Year-at-a-Glance
•
•
Approximately 24,033 Calls for Service
Total Index Crimes (Rape, Robbery, Aggravated Assault, Burglary, MV
Theft)
2013 - +/- 400
•
•
•
•
2012 – 447
Persons Crimes Decreased – Property Crimes Decreased
1462 Arrests Made
667 Traffic Crashes (92 Serious Injury)
TAC (Tactical Anti-Crime Unit) Established

TOWN OF WAYNESVILLE, NC Board of Aldermen – Special Meeting

Transcription

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