A G E N D A - hendersonvillenc.gov · A G E N D A CITY OF HENDERSONVILLE CITY COUNCIL – REGULAR MEETING APRIL 4, 2019 – 5:45 P.M. Council Chambers - City Hall 1. Call to Order

A G E N D A CITY OF HENDERSONVILLE CITY COUNCIL – REGULAR MEETING

APRIL 4, 2019 – 5:45 P.M.

Council Chambers - City Hall

1. Call to Order

2. Invocation

3. Pledge of Allegiance: Led by Samantha Johnson, Recipient of Mayor’s Civic AchievementAward

4. Public Comment Time: Up to 15 minutes is reserved for comments from the public for items not listed on the agenda

5. Consideration of Agenda

6. Consideration of Consent Agenda: These items are considered routine, noncontroversial in nature and are considered and approved by a single motion and vote.

A. Consideration of Minutes:

i. February 22, 2019 Special Meeting

ii. March 7, 2019 Regular Meeting

iii. March 14, 2019 Special Meeting

B. Consideration of Budget Amendments

C. Consideration of a Resolution Accepting the Dedication of Certain Real Property Intereststo the City of Hendersonville

D. Consideration of a Lease Agreement for a Plotter/Scanner for the Fire Department

E. Consideration of a Request for the Extension of Water Service to Sycamore Cottages, Phase2

F. Consideration of Special Event Permits for:

i. 2019 Block Party on Main

ii. Carolina Mountain Car Club

iii. 7th Avenue Open Streets

G. Consideration of the Water Shortage Response Plan

2

H. Consideration of a Letter of Support for Sidewalks on Grove Street

7. Recognitions/Presentations:

A. Proclamation for Week of the Young Child

B. Proclamation for Parkinson’s Awareness Month

8. Public Hearing – Consideration of an Order to Permanently Close Lily Drive and an Unopenedportion of W. Barnwell StreetPresenter: Development Assistance Director Susan Frady

9. Presentation from Laurelwood Condo AssociationPresenter: Barb Boatman, President

10. Consideration of Street Condition SurveyPresenter: Public Works Director Tom Wooten

11. Consideration of an Interlocal Agreement with Henderson County for the Joint Collection ofProperty TaxesPresenter: Assistant Manager Brian Pahle

12. Consideration of NC Parks and Recreation Trust Fund Grant Application for Clear CreekGreenway ExtensionPresenter: City Engineer Brent Detwiler

13. Consideration of Acceptance of Bid and Award of the Wastewater Treatment PlantImprovements – Filter Replacement ProjectPresenter: City Engineer Brent Detwiler

14. Reports/Comments by Mayor and City Council Members

15. Staff Reports

A. Report on Contingencies

B. January 2020 Regular Meeting – Change in Schedule

16. Appointments to Boards/CommissionsPresenter: City Clerk Tammie Drake

17. New Business

18. Closed Session

19. Adjourn

CITY OF HENDERSONVILLE AGENDA ITEM SUMMARY

Submitted By: Department:

Date Submitted: Presenter:

Date of Council Meeting to consider this item:

Nature of Item:

Summary of Information/Request: Item #

Budget Impact: $____________________ Is this expenditure approved in the current fiscal year budget? If no, describe how it will be funded.

Suggested Motion:

Attachments:

Adam Murr Admin

03/27/2019 John Connet

04/04/2019

Council Action

06b

Budget Amendment Summary:

1. Fund 10 | Increase | $2,821 | Insurance Proceeds2. Fund 10 | Decrease | $150,000 | Whitmire Project Delay

N/A

Described Above

I move City Council to approve the budget amendment(s) as proposed.

Budget amendment(s) below





Nature of Item:



Suggested Motion:

Attachments:

Sam Fritschner Legal

26 March 2019 Sam Fritschner

4 April 2019

Council Action

06c

Attached are the resolution and deeds for this month's dedications proposed for acceptance by the City Council.

0

N/A

I move the City Council to adopt the resolution accepting dedications of property interests to the City.

Proposed resolution and copies of respective recorded documents

RESOLUTION # __________

A RESOLUTION ACCEPTING THE DEDICATION OF CERTAIN REAL PROPERTYINTERESTS TO THE CITY OF HENDERSONVILLE

WHEREAS the City Council is advised that in order for a dedication to the City of an interest inreal property, to be completed, requires not only the initial dedication but also the acceptancein some form by the City of the dedication; and

WHEREAS the City Council has determined that it is desirable for the City to acceptdedications formally and in a manner that can easily be discovered; and

WHEREAS the City Council believes that the most formal and easily discovered method ofaccepting real property dedications is by City Council resolution, where the property interesthas not been accepted by a document executed by an authorized City representative; and

WHEREAS the City Council is informed that the real property interests listed below have beendedicated to the City but not yet accepted in writing;

NOW, THEREFORE, BE IT THEREFORE RESOLVED that the City Council does herebyaccept the dedication of the following identified real property interests effective as of themoment of adoption of this resolution:

Dedicated by Date of recording Property interest and shortdescription

Henderson Counting

Adopted this 4 day of April 2019. 2/9/2019 Sewer Easement Ashemore Ave. & Asheville Hwy.

_______________________________________________Barbara VolkMayor, City of Hendersonville

ATTEST:

____________________________________Tammie K. Drake, MMCCity Clerk





Nature of Item:



Suggested Motion:

Attachments:

Joseph Vindigni, Fire Chief Fire

March 14, 2019 Joseph Vindigni, Fire Chief

April 4, 2019

Council Action

05d

Approval of Lease with RJ Young for Fire Department Plotter/Scanner:

This plotter/scanner would be utilized by the fire department's life safety division for plans review, mapping and otherInspections and GIS related activities. We are asking for Council approval to allow the City Manager to execute a48-month lease agreement, and would be happy to answer any questions.

207/month

Yes

I move City Council's approval of the HP plotter/scanner lease agreement with RJ Young as described and authorize theCity Manager to execute the 48-month lease agreement.

RJ Young lease agreement

1 of 2Page

MICR Toner Yes No

Color Copy

Attach Exemption CertificateTax Exempt Yes No

Yes No

RJ Young Company - NashvilleP.O. Box 40623 Nashville, TN 37204 Order # G72500

(615)255-8551

(800)347-1955

Cost Per Copy Agreement Customer Purchase Order

Billing Location Install LocationFull Customer Name – Include Inc., Corp., LLC etc. Customer Name

City of Hendersonvile Fire Department City of Hendersonvile Fire Department

Department County

Henderson

Street Address

632 Sugarloaf Rd. Street Address

632 Sugarloaf Rd.

City City

Hendersonville HendersonvilleState State

NC NCZip+4 Zip+4

28792 28792

Contact Name Phone # Fax # Meter Contact Phone # Fax #

Email Email

Joseph Vindigni Joseph Vindigni828-697-3024 828-697-3024

[email protected] [email protected]

Total From Add'lEquipment List

Sales Tax

Total

Trade-In/Buyout (Items to be picked up)

Agreement IncludesMaster UnitColor SuppliesDrum/Photo ConductorImaging UnitsParts/LaborToner/DispersantDeveloperOther

Yes No Yes No Yes No Yes No Yes No Yes No Yes No

New EquipmentNew AccountUpgrade

Additional UnitMAM

RemanufacturedEquipment

Used

Agreement contingent on approval of the City Council and City Manager on April 4, 2019. If approval is not granted this order will be cancelled.

Included in the monthly payment is extended warranty service on parts and labor. Consumables (ink, print heads, and maintenance kits) not included.

Remarks:

Henderson

Monthly Minimum Overage Rate per Monthly Minimum Overage Rate per

Number of B&W Copies B&W Copy Number of Color Copies


Number of Square Feet Square Foot Number of Linear Feet Linear Foot


Number of B&W Prints B&W Print Number of Color Prints Color Print

1) The equipment specified above will be provided at the following rates:

Sales Rep # CHSA41


Number of Misc Misc Number of Misc 2 Misc 2

Qty. Manufacturer Equip. ID Model Serial Number Unit Price Amount

1 HP T2530 PS MFP

Total This Page

Security Deposit Total Minimum Payment

$207.00

Minimum Billing Frequency

Monthly

Overage Billing Frequency

Quarterly

Commencement Date

48

Term

Date:

Additional terms and conditions on page 2.

Signature:

Print Name:

Title:

Sales Rep:

Sales Manager: Date:

Date:

COST PER COPY AGREEMENT TERMS AND CONDITIONSThis is a non-cancelable agreement

2. RENTAL AGREEMENT. You agree to rent the equipment described in this Cost per Copyagreement (collectively “Equipment”). This Agreement will begin on the commencement datelisted in the Cost Per Copy Agreement (CPC). You agree to pay us any required SecurityDeposit when you sign this Agreement. Your CPC Payment consists of the Periodic EquipmentPayment and the Periodic Supply Maintenance Payment. The Excess Charge Per Copy is thevariable charge for maintenance services and supplies (as set forth in this Agreement) forcopies in excess of Minimum Copy Requirement for the applicable period. Unless otherwise setforth in this Agreement, each CPC payment is due and payable monthly. The Minimum MonthlyPayment is due whether or not you receive an invoice from us. Excess Charge Per Copyamounts are payable as invoiced by us following the end of each Billing Period. If in any periodyou make fewer copies than the Periodic Copy Requirement, you cannot carry over that amountto any other period. We have the right to increase, without written notice, the Periodic SupplyMaintenance Payment and the Excess Charge per Copy on an annual basis. You will provide uswith accurate meter readings for each item of Equipment when and by such means as werequest. YOU AGREE THAT WE MAY ESTIMATE THE NUMBER OF COPIES PRODUCED IFA METER READING IS NOT RECEIVED BY US WITHIN 5 DAYS OF THE DATE WESPECIFY. IF AN ACTUAL METER READING IS RECEIVED WITHIN 90 DAYS OF THEBILLING DATE FOR THE EXCESS COPIES, AN ADJUSTMENT WILL BE MADE.NOTHWITHSTANDING ANY ADJUSTMENT, YOU WILL NEVER PAY LESS THAN THEPERIODIC CPC PAYMENT. Single copy charges apply up to 8.5" x 14". For efficient andelectronic meter reading, RJY utilizes specialized software that reports current meter readingson all print devices connected to your Network. Customer agrees that meters may be accessedand reported in this manner. Should the number of scans exceed the total of all prints andcopies, we reserve the right to invoice these excess scans at $.0025 per scan. You will make allpayments required under this Agreement to us at the address we may specify in writing. Unlessa proper exemption certificate is provided applicable sales and use taxes will be added to thePayment. If any Payment is not paid when due, you will pay us a late charge of up to 15% of theamount of the payment or $15.00 whichever is greater (or such lesser rate as is the maximumrate allowed under applicable law). You also agree to pay $35.00 for each returned check.Restrictive endorsements or additional terms on checks you send to us will not reduce yourobligations to us.

4. TITLE; RECORDING. We are the owner of and will hold title to the Equipment. You will keepthe Equipment free of all liens and encumbrances.

5. USE. You shall use the Equipment in a careful and proper manner in conformance withmanufacturer’s specifications and all laws, ordinances and regulations in any way relating to thepossession or use of the Equipment. Customer represents that these products are NOT acquiredfor personal, family, or household purposes.

6. INDEMNIFICATION. You are responsible for any loses, damages, penalties, claims, suits andactions (collectively “Claims”), whether based on a theory of strict liability or otherwise caused byor related to the installation, ownership, maintenance, use, rental, possession, or delivery of theEquipment. You agree to reimburse us for and, if we request, to defend us against any Claims.

7. ASSIGNMENT. You agree not to sell, assign, transfer or sublease the equipment or yourinterest in this Agreement. We may, without notifying you, sell, assign, or transfer this Agreementand our rights to the Equipment. The rights of the assignee will not be subject to any claim,defense or set-off that you may have against us.

8. LOSS OR DAMAGE. You are responsible for any loss, theft, destruction of, or damage to, theEquipment (collectively “Loss”) from any cause at all, whether or not insured, until it is deliveredto us at the end of this Agreement. You are required to make all CPC payments even if there isa Loss. You must notify us in writing immediately of any Loss. Then, at our option, you will either(a) repair the Equipment so that it is in good condition and working order, eligible for anymanufacturer’s certification, or (b) pay us the amount equal to the net present value of all unpaidCPC Payments for the remainder of the term plus the present value of our anticipated residualinterest in the Equipment, each discounted at 5% per year, compounded annually, plus all otheramounts due or that may become due under this Agreement. If you have satisfied yourobligations under this Section 9, we will forward to you any insurance proceeds that we receivefor lost, damaged, or destroyed Equipment. If you are in default, we will apply any insuranceproceeds we receive to reduce your obligations under Section 16 of this Agreement.

G72500Order #

9. TAXES AND FEES. You agree to show the Equipment as “Leased Property” on all personalproperty tax returns. You will pay when due, either directly or to us upon our demand, all taxes,fines and penalties relating to this Agreement or the Equipment that are now or in the futureassessed or levied by any state, local or government authority.

10. EQUIPMENT LOCATION; RETURN. You will keep and use the Equipment only at theEquipment Location shown in this Agreement. You may not move the Equipment without our priorwritten consent. You will provide adequate space and electrical services for the operation of theEquipment. You will not make any alterations, additions or replacements to the Equipment withoutour prior written consent. All alterations, additions or replacements will become part of theEquipment and our property at no cost or expense to us. Upon the expiration or earliertermination of this Agreement, you will deliver the Equipment to us, in good condition, full workingorder and in complete repair, except ordinary wear and tear. We will pick up the Equipmentprovided that the Equipment is in our servicing territory. If the Equipment is outside our servicingterritory, you will crate, insure, and ship the Equipment, in good working condition, to us by meanswe designate, with all expenses to be prepaid by you. You will be responsible for any damage tothe Equipment during shipping.

11. RENEWAL. Unless you give us at least 30 days written notice before the end of the initialterm or any renewal term of this Agreement, this Agreement will automatically renew for anadditional one year renewal term. During such renewal term(s) the CPC Payment will remain thesame (subject to the annual adjustment provided in Section 2 above). We may cancel anautomatic renewal term by sending you written notice 10 days prior to such renewal term.

12. YOUR REPRESENTATIONS. You state for our benefit that as of the date of this Agreement;(a) you have the lawful power and authority to enter into this Agreement; (b) the individualssigning this Agreement have been duly authorized to do so on your behalf; (c) by entering intothis Agreement you will not violate any law or other agreement to which you are a party; (d) youare not aware of anything that will have a material negative effect on your ability to satisfy yourobligations under this Agreement; and (e) all financial information you have provided us is trueand accurate and provides a good representation of your current financial condition.

13. YOUR PROMISES. In addition to the other provisions of this Agreement, you agree thatduring the term of this Agreement (a) you will promptly notify us in writing if you move yourprincipal place of business, if you change the name of your business, or if there is a change inyour ownership; (b) you will provide to us such financial information as we may reasonablyrequest from time to time; and (c) you will take any action we reasonably request to protect ourrights in the Equipment and to meet your obligation under this Agreement.

14. DEFAULT. You will be in default under this Agreement if any of the following events occur: (a)you fail to make any CPC payment or other sum when due; (b) you fail to comply with any otherterm or condition of this Agreement or any other agreement between us, or fail to perform anyobligation imposed upon you relating to this Agreement or any such other agreement; (c) youbecome insolvent, you dissolve or are dissolved, you assign your assets for the benefit of yourcreditors, you sell, transfer or otherwise dispose of all or substantially all of your assets, or youenter (voluntarily or involuntarily) into any bankruptcy or reorganization proceeding; (d) withoutour prior written consent, you merge or consolidate with any other entity and you are not thesurvivor of such merger of consolidation; (e) any guarantor of this Agreement dies, does notperform its obligations under the guaranty, or becomes subject to one of the events listed inclause (c) above.

15. REMEDIES. In the event you default under this Agreement, as defined above, we will havethe right to take ONE OR MORE of the following actions, in addition to any and all other remediesthat may be available to us under law:(a) cancel this Agreement without prior notice or warning toyou; (b) file a law suit against you to collect all past due amounts AND ALL AMOUNTS THATWILL BECOME DUE IN THE FUTURE DURING THE UNEXPIRED TERM, plus the “residualvalue” of the Equipment as determined by us in our sole but reasonable judgment, plus all otherfees, charges or amount that are then due, plus all of our reasonable legal costs, including but notlimited to reasonable attorneys’ fees, reasonable overhead for employee time spent on preparingfor suit or attempting to collect payments and mitigate our damages; (c) repossess the Equipmentor apply to a court for an order allowing repossession. In this event, you agree that, after theEquipment is repossessed, you will have no further rights in the Equipment, and you agree wemay resell, re-lease or otherwise remarket the Equipment without notice to you. You agree (andyou waive any rights that may provide to the contrary) that we will NOT be required to repossess,resell, re-lease or otherwise remarket the Equipment at any time, and that our failure to do so willnot affect our other rights of collection and other rights under this Agreement or under law.

16. NOTICES. All of your written notices to us must be sent by certified mail or recognizedovernight delivery service, postage prepaid, to us at our address stated in this Agreement. All ofour notices to you may be sent first class mail, postage prepaid, to your address stated in thisAgreement. At any time after this Agreement is signed, you or we may change an address bygiving notice to the other of the change.

17. MISCELLANEOUS. This Agreement contains our entire agreement and supersedes anyconflicting provision of any equipment purchase order or any other agreement. Once thisagreement is signed by you, the agreement constitutes an OFFER to you, and will not be bindinguntil ACCEPTED by us, as evidenced by the signature of the Corporate Office. Any change in theterms and conditions of this Agreement must be in writing and signed by one of our Officers. Youagree, however, that we are authorized, without notice to you, to supply missing information orcorrect obvious errors in this Agreement. If a court finds any provision of this Agreement to beunenforceable, the remaining terms of the Agreement shall remain in effect.

18. JURISDICTION. You and any Guarantor agree that this Agreement will be deemed fullyexecuted and performed in the State of Tennessee and will be governed by Tennessee law. YOUAND ANY GUARANTOR EXPRESSLY AGREE TO: (A) BE SUBJECT TO THE PERSONALJURISDICTION OF THE STATE OF TENNESSEE; (B) ACCEPT VENUE IN ANY FEDERAL ORSTATE COURT IN TENNESSEE; AND (C) WAIVE ANY RIGHT TO A TRIAL BY JURY.

19. INTERPRETATION. As a convenience to you and to further expedite this transaction for you,you agree that a photocopy, electronic image or facsimile of this Agreement which includes aphotocopy, electronic image or facsimile of the signatures of both parties shall be as valid,authentic and legally binding as the original version for all purposes and shall be admissible incourt as final and conclusive evidence of this transaction and of the execution of this document.

2 of 2

3. CONNECTION TO COMPUTERS/NETWORKS. RJY offers complimentary installation ofmanufacturer print drivers and software for any connectable equipment listed in this agreement.Installation is performed by support personnel. Customer agrees to provide access andinformation required to complete the requested installation. Customer will provide all necessarynetwork cabling required for installation. If RJY performs the Installation/Connection, the customeragrees that RJY is responsible for only completing the installation and setup of the equipmentlisted in this agreement. The initial installation and any additional basic configurations are coveredat no charge for the first 90 days under the condition that the customer has made no changes totheir network during that period. Installations requiring extensive configuration will be quotedseparately and performed upon request. After the initial 90 day period, any network connectivitysupport requested by the customer will be billed at RJY’s then current charge rate for connectivitysupport. RJY will not be held liable for any errors, property damage, loss of time or profit,consequential or incidental damages of any kind arising as result of operating any softwareprovided with the purchase of a manufacturer’s product or downloaded from a manufacturer’swebsite.

Page

20. Customer will be enrolled in the RJ Young online customer portal (ePASS). This online portalallows authorized users designated by customer to order supplies, place service calls, payinvoices, view bills and view account information online.





Nature of Item:



Suggested Motion: To disapprove any item, you may allow it to fail for lack of a motion.

Attachments:

Rhonda Wiggins Utilities

March 11, 2019 Lee Smith

April 4, 2019

Council Action

06e

Sycamore Cottages, Phase 2 (aka Old Hendersonville Road PRD - Phase 2)

This is a request to extend the City of Hendersonville water system to provide service to Phase 2, consisting of 77residential units. This property is located on Old Hendersonville Road.

The proposed water system will consist of:2,270 LF of of 6" DIP

This project is within the Zoning and Planning Jurisdiction of the Town of Fletcher and has received approval datedFebruary 11, 2019

Based on the above information, the Water and Sewer Department has the capacity to support this additionalinfrastructure and associated connections and hereby recommends approval of said project contingent upon final approvalof construction plans and specifications by the Water and Sewer Department.

0

N/A

This project will be funded by the developer, Cane Creek Vistas, LLC

"I move to accept this Utility Extension Project and to authorize the City Manager to execute the associated UtilityExtension Agreement on behalf of the City."

vicinity map





Nature of Item:




Attachments:

Susan G. Frady Development Asst Dept

3-25-19 Susan Frady, Development Assistance Direc

4-4-19

Council Action

06fi

2019 Block Party on Main

This application from Darlene Das is for Main Street to be closed between Allen Street and Caswell Street from6PM-10PM. This will be a music concert with the feature band as the "Swinging Medalions".

This concert will be the kickoff concert for the regular Music on Main series. This concert will bring not only the localpeople to town, but will be entertainig many tourist that are in our area at this time of year.

The Downtown Advisory Committee recommended approval of this event.

The Special Events Committee voted unanimously to recommend approval of the special event permit. This approval doesnot include the approval of fireworks.

0

N/A

I move Council's approval of the special event permit for the 2019 Block Party on Main.





Nature of Item:



Suggested Motion:

Attachments:

Susan G. Fady Development Asst Dept

3-25-19 Susan G. Frady, Development Asst Director

4-4-19

Council Action

06fii

The Special Events Committee met on March 21, 2018 and approved additional dates for the Carolina Mountain Car Club.These events are held during the Friday Night Music on Main events. In past years the Corvette Club held part of the carshows but they are no longer doing any shows so three additional dates were added for the Carolina Mountain Car Club.The 2019 dates are: June 7, June 14, June 21 June 28, July 12, July 19, July 26, August 2, August 9, August 16 andAugust 23.

There are no additional changes to this event.

N/A

I move that the City Council approve the 2019 dates for the Carolina Mountain Car Club Shows.





Nature of Item:



Suggested Motion:

Attachments:


3/26/19 Susan G. Frady, Development Asst Director

4-4-19

Council Action

06fiii

The Special Events Committee met on March 21, 2019 to review the application from Strive Beyond sponsor of the 7thAvenue Open Streets event to be held Sunday, May 19 from 2-5 PM.

This event is a multi-block street closure to motor vehicles for roughly 3 hours, during which the street is used to stroll, roll,play games, host active exercises and performances (not staged) and build community. Attendees are encouraged to parkremotely and make the walk or bike ride to the event part of their experience. In addition to the street festival, a temporaryversion of on-street bike/pedestrian infrastructure and 7th Avenue streetscape considerations will be demonstrated.

The proposal is to close 7th Avenue East from Grove Street to Ashe Street, Locust Street from 7th to Track Street, TrackStreet from Locust to Maple and Maple from Track Street to to the Alley. Please see the attached map.

The Special Events Committee approved this application and the 7th Avenue Committee supports this application.

N/A

I move City Council to approve the special event permit for the 7th Avenue Open Streets event.

map





Nature of Item:



Suggested Motion:

Attachments:

Lee Smith Utilities

3/27/19 Lee Smith and Seth Goad

4/4/19

Council Action

06g

Once every five years, as required by NCDEQ, we update our water shortage response plan (WSRP). We updated ourslast June 2018 and received approval by the State in October 2018. We are required now to have City Council adopt the2018 WSRP in the form of a resolution which is included in the attachment.

The only major revisions made were to adjust the river flow percentiles to reflect more accurately conditions that we haveseen during drought conditions. No updates to the ordinance (Chapter 52, Article VI - Water Shortage Response andConservation) are required at this time. Please let us know if you have any questions.

N/A

N/A

I move to approve the City's 2018 Water Shortage Response Plan, as presented and recommended by staff.

Draft 2018 Water Shortage Response Plan including two tables and a resolution

Hendersonville Water and Sewer

Water Shortage Response Plan PWSID NO. 01-45-010

June 2018 The procedures herein are written to reduce potable water demand and supplement existing drinking water supplies whenever they are in danger of being inadequate to meet customer needs. I. Authorization.

The City of Hendersonville’s (“City”) city manager is authorized to enact water shortage response provisions whenever the trigger conditions outlined in Section V are met. In the city manager’s absence, the utilities director will assume this role. Mr. John Connet City Manager Phone: (828) 697-3000

Mr. Lee Smith Utilities Director Phone: (828) 233-3211

E-mail: [email protected] E-mail: [email protected] II. Notification.

The following notification methods will be used to inform water system employees and customers of a water shortage declaration: employee e-mail announcements, notices at city buildings and facilities, notices in utility bills and on the City’s website homepage (www.cityofhendersonville.org) (www.hendersonvillenc.gov) and through the use of Regroup, whenever possible. Required water shortage response measures will be communicated through the local and regional media, including but not limited to, the Hendersonville Times-News (692.2319), Asheville Citizen-Times (251.0585), WLOS-TV (651.4618), WYFF-TV (864.240.5305), WSPA-TV (864.587.5430), WHKP (696.9329), WGCR (883.9427), WTZQ (697.1416). Communications will include public service announcements, press releases. Declaration of emergency water restrictions or water rationing will be communicated to our customers using one or a combination of several forms of media referenced above. The Town of Laurel Park and the City of Saluda, both are wholesale purchasers of City water, will be notified by telephone, fax and/or email to alert them of this declaration. Each of these purchasing systems will be required to implement the same level of restrictions as implemented by the City.

III. Classification of Water Uses.

A. Class I: Essential Uses of Potable Water Domestic Water to sustain human and domestic pet life, maintain hygiene and

sanitation standards.

Water Shortage Response Plan Hendersonville Water and Sewer June 2019

2

Patient Care Patient care and rehabilitation, including swimming pools used for patient care and rehabilitation as prescribed by medical personnel.

Public Safety Firefighting and approved flushing of hydrants and sewer mains to ensure public health and safety.

B. Class II: Socially or Economically Essential Uses of Potable Water

Domestic Minimal use for kitchen, bathroom and laundry; minimal watering of

vegetable gardens and trees needed to sustain them. Patient Care Patient care and rehabilitation, including swimming pools used for patient

care and rehabilitation as prescribed by medical personnel. Public Use Filling and operation of public swimming pools, which serve more than 25

dwellings. Commercial Commercial vehicle washers, laundromats, restaurants, hotels/ motels,

irrigation of golf course greens, minimal water usage by commercial nurseries required to sustain stock, minimum amounts required to sustain essential cooling operations.

Agricultural Minimal amounts required to sustain crops, livestock and associated activities.

Industrial Minimal use necessary to operate production facilities and sustain jobs, minimal amounts required to sustain essential cooling operations.

Institutional Efficient use of water by schools, churches, and government facilities.

C. Class III: Non-Essential Uses of Potable Water

All Ornamental uses (fountains, reflecting pools, artificial waterfalls, etc.); residential lawn irrigation; non-commercial washing of motor vehicles; wash down of impervious surfaces; filling and operation of recreational swimming pools serving less than 25 dwellings.

Public Use Gardens, lawns, parks, golf courses (except greens), city/town/county playing fields and recreational areas.

Commercial Serving water in restaurants except by request. IV. Levels of Response.

Four stages levels of water shortage response are outlined in the table below. The four stages three levels of water shortage response are: water shortage advisory (voluntary restrictions/reductions), water shortage alert, level 1 (mandatory restrictions/reductions), water shortage alert level 2 (mandatory restriction/reductions) and water shortage emergency (escalated mandatory restrictions/reductions and water rationing). A detailed description of each response level and corresponding water reduction measures follow below.

Stage Response Description 1 Water

Shortage Advisory

Voluntary Restrictions - Water users are encouraged to “voluntarily” reduce their water use and improve water use efficiency; however, no penalties apply for noncompliance. Water supply conditions indicate a potential for shortage.


3

2A Water Shortage

Alert, Level 1

Mandatory Restrictions - Water users must abide required water use reduction and efficiency measures; penalties apply for noncompliance. Water supply conditions are significantly lower than the seasonal norm and water shortage conditions are expected to persist.

2B Water Shortage

Alert, Level 2

Mandatory Restrictions - Water users must abide required water use reduction and efficiency measures; penalties apply for noncompliance. Water supply conditions are significantly lower than the seasonal norm and water shortage conditions are expected to persist.

3 Water Shortage

Emergency

Water supply conditions are substantially diminished and pose an imminent threat to human health or environmental integrity; remaining supplies must be allocated to preserve human health and environmental integrity.

In Stage 1, Water Shortage Advisory, all water users will be asked to reduce their normal water use by 10%. Customer education and outreach programs (i.e., articles in local publications; City’s website; local radio and television stations ads and public service announcements; public/private school education; presentations to civic groups) will encourage water conservation and efficiency measures including: irrigating landscapes as needed to insure survival of plants maximum of one inch per week; beginning on May 1, 2011 it will be required that all lawn and landscaping irrigation occur between 7:00 pm and 9:00 am from May 1 through September 30 each subsequent year; preventing water waste, runoff and watering impervious surfaces; watering plants deeply to encourage root growth; washing only full loads in clothes and dishwashers; using spring-loaded nozzles on garden hoses; identifying and repairing all water leaks and minimize vehicle washing. In Stage 2A, Water Shortage Alert, Level 1, all customers are expected to reduce their water use by an additional 10% in comparison to their previous month’s water bill. In addition to continuing to encourage all voluntary reduction actions, the following restrictions apply: irrigating landscapes as needed to insure survival of plants; beginning on May 1, 2011 it will be required that all lawn and landscaping irrigation occur between 7:00 pm and 9:00 am from May 1 through September 30 each subsequent year; washing of vehicles unless done by a vehicle washing facility registered with the City; outdoor use of drinking water for washing impervious surfaces is prohibited; and all testing and training purposes requiring drinking water (e.g. fire protection) will be limited. Additionally, in Stage 2A, a drought surcharge of 1.10 times the normal water rate may be applied. In Stage 2B, Water Shortage Alert, Level 2, all customers are expected to reduce their water use by an additional 10% in comparison to their previous month’s water bill. In addition to continuing to encourage all voluntary reduction actions, the following restrictions apply: irrigating landscapes as needed to insure survival of plants; beginning on May 1, 2011 it will be required that all lawn and landscaping irrigation occur between 7:00 pm and 9:00 am from May 1 through September 30 each subsequent year; washing of vehicles unless done by a vehicle washing facility registered with the City; outdoor use of drinking water for washing impervious surfaces is prohibited; and all testing and training purposes requiring drinking


4

water (e.g. fire protection) will be limited. Additionally, in Stage 2B, a drought surcharge of 1.20 times the normal water rate may be applied. In Stage 3, Water Shortage Emergency, customers must continue actions from all previous stages and further reduce water use by 10% compared to their previous month’s water bill. All non-essential uses of drinking water are banned and garden and landscape irrigation must be reduced to the minimum amount necessary for survival. Water rationing, if deemed necessary by the city manager and utilities director, is to provide drinking water to protect public health (i.e. residences, residential health care facilities and correctional facilities). All customers are only permitted to use water at the minimum required for public health protection. Firefighting is the only allowable outdoor water use and pickup locations for distributing potable water will be announced by the City. Additionally, in Stage 3, a drought surcharge of 1.30 times the normal water rate may be applied.

V. Triggers and Responses.

Triggers for the City are provided below in relationship to the City’s “run of river” water supply system: A. Triggers.

If the City’s water source, the Mills River, experiences the following stream flow measurements and production capacities trigger entry into corresponding water restriction stages.

Stage River Operating Conditions

1

A reduction in the normal, seasonal rainfall which causes a corresponding reduction in the flow of water in the Mills River to between <25 to 19 <32.5 to 25 percentile of historical annual mean stream flow (See Table 1), as measured at the USGS monitoring station located up stream of the City’s intake structure on the Mills River; or >75% of the system’s capacity (~9.0 million gallons per day - MGD) is being used during seven consecutive days; or any combination of the above conditions for seven consecutive days within a 30-day period; or if damage, failure or contamination of the City’s treatment and/or distribution systems occurs thus restricting or otherwise limiting the City’s ability to maintain normal operation of its water system, as so determined by the City’s utilities director or authorized representative.

2A

A reduction in the normal, seasonal rainfall which causes a corresponding reduction in the flow of water in the Mills River to between <19 to 14 <24.5 to 19 percentile of historical annual mean stream flow (See Table 1), as measured at the USGS monitoring station located up stream of the City’s intake structure on the Mills River; or >85% of the system’s capacity (~10.2 million gallons per day) is being used for three consecutive days; or failure of Stage 1 measures to meet or exceed the 10% water use reduction goal; or if damage, failure or contamination of the City’s treatment and/or distribution systems occurs thus restricting or otherwise limiting the City’s ability to


5

maintain normal operation of its water system, as so determined by the City’s utilities director or authorized representative.

2B

A reduction in the normal, seasonal rainfall which causes a corresponding reduction in the flow of water in the Mills River to between <14 to 10 14.5 to 11.5 percentile of historical annual mean stream flow (See Table 1), as measured at the USGS monitoring station located up stream of the City’s intake structure on the Mills River; or >90% of the system’s capacity (~10.8 million gallons per day) is being used for three consecutive days; or failure of Stage 2A measures to meet or exceed the 20% water use reduction goal; or any combination of the above conditions for three consecutive days or if damage, failure or contamination of the City’s treatment and/or distribution systems occurs thus restricting or otherwise limiting the City’s ability to maintain normal operation of its water system, as so determined by the City’s utilities director or authorized representative.

3

A reduction in the normal, seasonal rainfall which causes a corresponding reduction in the flow of water in the Mills River to less than 10 11 percentile of historical annual mean stream flow (See Table 1), as measured at the USGS monitoring station located up stream of the City’s intake structure on the Mills River; or >95% of the system’s capacity (~11.4 million gallons per day) is being used for three consecutive days; or failure of Stage 2B measures to meet or exceed the 30% water use reduction goal; or any combination of the above conditions for three consecutive days or if damage, failure or contamination of the City’s treatment and/or distribution systems occurs thus restricting or otherwise limiting the City’s ability to maintain normal operation of its water system, as so determined by the City’s utilities director or authorized representative.

4 B. Responses.

Stage Response

1

The city manager shall declare a Water Shortage Advisory (referred to in Chapter 52, Section 440 of the City Code of Ordinances): Require all purchase systems to declare same level of conservation measures; City will begin public notification process, as described above, and will disseminate water conservation tips and advisories; request voluntary conservation by all water users of the City’s water system; request Class III non-essential uses to be reevaluated by all affected water users; large commercial, institutional and industrial water users (See Table 2) will be required to prepare a 10% water use reduction plan to be submitted to the City’s utilities director or authorized representative within 10-working days of the water shortage advisory declaration; only if said shortage is drought related or as otherwise specified by the City.

2A

The city manager shall declare a Water Shortage Alert, Level 1 (referred to in Chapter 52, Section 441 of the City Code of Ordinances): Require all purchase systems to declare the same level of conservation measures; all voluntary measures become mandatory; Class III non-essential uses to be prohibited; in addition to the following measures – enforce system-wide water


6

use reduction goal of 20% (including industrial and commercial plans) from normal levels, as determined by the utilities director; notify water customers by any and all methods previously described; ban car washing except for those facilities equipped to recycle water and are that registered as such with the City, and lawn/grounds irrigation, except for nurseries that are registered with the city, while said nurseries will be allowed to operate they shall be required to reduce average consumption by no less than 20% or shall be utilizing water conservation technology such as smart controllers on their irrigation systems or drip irrigation, if not, water use will be prohibited; ban all non-commercial pressure washing and all wash down of impervious surfaces (i.e., driveways, sidewalks, parking lots, etc.); ban the filling of newly constructed or recently drained pools; all non-public hydrant use by permit only, only if for uses other than fire suppression and public safety; ban ornamental uses; enact water conservation rates, as described below; city manager may authorize additional water use restrictions or bans, if 20% water use reduction goal is not met, to be enforced at some time after public notification of water shortage alert, in accordance with Stage 2A of City’s water shortage response and conservation ordinance (Chapter 52, Section 441).

2B

The city manager shall declare a Water Shortage Alert, Level 2 (referred to in Chapter 52, Section 442 of the City Code of Ordinances): Require all purchase systems to declare same level of conservation measures; in addition to the above measures the following will also be imposed; notify water customers by any and all methods previously described; reevaluate Class II uses; limit the use of commercial car washes; ban all uses of fountains and reflection pools; request additional conservation from Class I (essential) users as may be possible; enact water conservation rates, as described below, if so approved by city council; limit personal vegetable garden irrigation to no more than one inch of water per week; ban all landscape irrigation (including golf course greens, school grounds, residential), except for nurseries that are registered with the city, said nurseries may be allowed to operate but shall be required to reduce average consumption by no less than 30% overall or shall be utilizing water conservation technology such as smart controllers on their irrigation systems or drip irrigation; if not, water use will be prohibited; ban all recreational uses.

3

The city manager shall declare a Water Shortage Emergency (referred to in Chapter 52, Section 443 of the City Code of Ordinances): Require all purchase systems to declare same level of conservation measures; continue purchase of water from City of Asheville as needed; in addition to the above measures the following will also be imposed; notify water customers by any and all methods previously described; reevaluate Class II uses; ban commercial car washes; ban all uses of fountains and reflection pools; request additional conservation from Class I (essential) users as may be possible; enact water conservation rates, as described below, if so approved by city council; limit personal vegetable garden irrigation to no more than one inch of water per week; ban all landscape irrigation (including golf course greens, school grounds, residential), except for nurseries that are registered with the city, said nurseries may be allowed to operate but shall be required to reduce


7

average consumption by no less than 30% overall or shall be utilizing water conservation technology such as smart controllers on their irrigation systems or drip irrigation; if not, water use will be prohibited; ban all recreational uses.

VI. Enforcement and Penalties.

The provisions of the water shortage response plan will be enforced by the City’s water and sewer department and police department. Violators may be reported to the City’s dedicated water conservation hotline or the e-mail contact listed on the City’s website (www.hendersonvillenc.gov). Citations are assessed according to the following schedule depending on the number of prior violations and current level of water shortage.

Offense Stage 1: Water

Shortage Advisory

(Voluntary Restrictions)

Stage 2A, Level 1: Water Shortage Alert (Mandatory

Restrictions)

Stage 2B, Level 2: Water Shortage Alert (Mandatory

Restrictions)

Stage 3: Water Shortage

Emergency (Mandatory Restrictions)

First N/A Notice of Violation (NOV)

Notice of Violation (NOV)

Disconnection of water service (24-

hr. shut-off) Second N/A Disconnection of

water service (24-hr. shut-off)

Disconnection of water service (24-

hr. shut-off)

Up to $500 fine and disconnection of water service at

the main >2 N/A Up to $500 fine and

disconnection of water service at the

main

Up to $500 fine and disconnection of

water service at the main

Up to $500 fine and disconnection of water service at

the main

Drought surcharge rates may be effective in Stages 2A, 2B and 3. VII. Public Comment.

Customers will have multiple opportunities to comment on the provisions of the water shortage response plan. First, a draft plan will be published in The Hendersonville Times-News and on the City’s website. A public hearing will be scheduled with notice printed in the local newspapers, and said notice may be printed on all customer utility bills, to collect comments regarding the draft plan. All subsequent revisions to the plan will be published at least 10-days prior to an adoption vote by the Hendersonville city council.

VIII. Variance Protocols.

Applications for water use variance requests are available from the City’s operations center located at 305 Williams St., Hendersonville, NC 28792. All applications must be submitted to the water and sewer department for review by the utilities director or the director’s designee. A decision to approve or deny individual variance requests will be determined within two weeks of submittal after careful consideration of the following criteria: impact on water


8

demand, expected duration, alternative source options, social and economic importance, purpose (i.e. necessary use of drinking water) and the prevention of structural damage.

IX. Effectiveness.

The effectiveness of the City’s water shortage response plan will be determined by comparing the stated water conservation goals with observed water use reduction data. Other factors to be considered include frequency of plan activation, any problem periods without activation, total number of violation citations, desired reductions attained and evaluation of demand reductions compared to the previous year’s seasonal data.

X. Revision.

The water shortage response plan will be reviewed and revised as needed to adapt to new circumstances affecting water supply and demand, following implementation of emergency restrictions, and at a minimum of every five years, as required by the provisions of G.S. 143-355 (l). Further, a water shortage response planning work group will review procedures following each emergency or rationing stage to recommend any necessary improvements to the plan to the Hendersonville city council. The City’s utilities director, or the director’s designee, shall be responsible for initiating all subsequent revisions.

Table 3

Table 3

Table 3

HENDERSONVILLE WATER AND SEWERTable 2

Table 2. List of Large Institutional, Industrial and Commercial Water Customers

Water Customer Name AccountNo. POC Title Phone email

Arvin-Meritor 8786 Hank Laughter Maintenance Planner 687-2215 [email protected]

Blue Ridge Community College 15833 Molly Park Hill President 694-1706

Borg Warner 10125 James Ray 684-3501 x282

Carolina Village 7046 Clay Estep Accounts Payable 692-6275 x231

Clement-Pappas 22075 Blake Kehoe Engineering Manager 693-0711 [email protected]

Coats North America 245 Dennis Daveluy Plant Manager 693-4222 [email protected]

Custom Pak 25076 Bob Lamere Operations Manager 685-7475 [email protected]

Fletcher Business Park 10133 684-4344

Fruitland Bible College 25505 Bobby Garrett Facilities Director 685-8886 [email protected]

General Electric 11327 Steve Floyd Environmental Engineer 693-2413 [email protected]

Haynes Wire 8622/20149 Angela Marsico Environmental 692-5791

Henderson County 17363 Marcus Jones County Engineer 694-6560 [email protected]

Henderson County Public Schools Martin Ballard Maintenance Supervisor 697-4992 [email protected]

Hendersonville Country Club 2880 Anthony Chelena General Manager 692-2261 No email

Heritage Hills 11916 Marcus Lanning Maintenance Director 693-8510 heritagehills-MD@emer

Home Depot 20493 Matthew Guysin Operations Manager 692-8080 ext 315 [email protected]

Kimberly-Clark 11326 Michael Baldwin Support Services Team Leader 697-4081

Kyocera Ceramics 8617 Heath Hughs Manager 698-4070 [email protected]

Lake Pointe Landing 19245 Gary Gardella Director of Maintenance 693-7800 No email

Laurel Park, Town of 1168/18393 Alison Alexander Town Manager 693-4840

Laurelwood HOA (condos) 105 Audrey Kuykendall Property Manager 692-7742 [email protected]

Lowe's 16984/8099 Jacob Trevers Store Manager 696-4900 ext 807 [email protected]

Manual Woodworkers 21538 Jim Clark V.P. / CFO 692-7333 [email protected]

NC Justice Academy 19399 Wayne Ayers Deputy Director 685-3600 [email protected]

Contact Information

Water Shortage Response Plan 1REVISED

6/1/18

HENDERSONVILLE WATER AND SEWERTable 2

Water Customer Name AccountNo. POC Title Phone email

Pardee Hospital 14049 Maintenance 674-9434

Park Ridge Hospital 12711 Ken Cobb Director of Engineering 684-8501 Contact swithboard

Printpack Inc. 8611 Scott Gower Environmental Coordinator 693-1723 ext 26259

Saluda, City of 11328 Jonathan Cannon City Administrator 749-2581 [email protected]

Selee Corporation 4348 Paula Henrikson VP Operations 697-2411

Shorewood 6505 Berkley Cooke General Manager 692-6254

Tri-Hishtil Bert Lenkes 891-6004 [email protected]

Van-Wingerden 11469 President 891-4116

Wilson Arts Plastics 10131 Bernie Maintenance 684-2351

Contact Information

Water Shortage Response Plan 2REVISED

6/1/18

RESOLUTION APPROVING WATER SHORTAGE RESPONSE PLAN

WHEREAS, North Carolina General Statute 143-355 (l) requires that each unit of local government that provides public water service and each large community water system shall develop and implement water conservation measures to respond to drought or other water shortage conditions as set out in a Water Shortage Response Plan and submitted to the Department for review and approval; and WHEREAS, as required by the statute and in the interests of sound local planning, a Water Shortage Response Plan for the City of Hendersonville, has been developed and submitted to the City Council for approval; and WHEREAS, the City Council finds that the Water Shortage Response Plan is in accordance with the provisions of North Carolina General Statute 143-355 (l) and that it will provide appropriate guidance for the future management of water supplies for the City’s Water and Sewer Department, as well as useful information to the North Carolina Department of Environmental Quality for the development of a state water supply plan as required by statute; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hendersonville that the Water Shortage Response Plan, dated June 2018, is hereby approved and shall be submitted to the North Carolina Department of Environmental Quality, Division of Water Resources; and BE IT FURTHER RESOLVED that the City Council intends that this plan shall be revised to reflect changes in relevant data and projections at least once every five years or as otherwise requested by the Department, in accordance with the statute and sound planning practice.

This the 4th day of April 2019 at Hendersonville, North Carolina.

Barbara Volk, Mayor

CERTIFICATION BY RECORDING OFFICER

The undersigned duly qualified and acting City Clerk of the City of Hendersonville does hereby certify:

That the above/attached resolution is a true and correct copy of the resolution authorizing the filing of an

application with the State of North Carolina, as regularly adopted at a legally convened meeting of the

City Council of the City of Hendersonville duly held on the 4th day of April 2019; and, further, that such

resolution has been fully recorded in the journal of proceedings and records in my office. IN WITNESS

WHEREOF, I have hereunto set my hand this day of April 2019.

Tammie K. Drake City Clerk

Title of Recording Officer





Nature of Item:



Suggested Motion:

Attachments:

John Connet Admin


04/04/2019

Council Action

06h

At the September 6, 2018 City Council meeting the City Council asked Councilman Caraker to support the funding for theconstruction of sidewalks on Grove Street during NCDOT's project prioritization process. The project was funded andconstruction is expect to occur after 2022. NCDOT has requested a letter confirming that the City of Hendersonville iswilling to provide the 20% match and still supports the project.

181,000

No

These funds will be provide in FY 21/22 Budget.

I move that the City Council authorize Mayor Volk to execute a Letter of Support for the construction of sidewalks on S.Grove Street and add this expenditure to the FY21/22 Capital Improvement Program.

Proposed LetterSeptember 6, 2018 Minutes

CITY COUNCIL: BARBARA G. VOLK Mayor RON STEPHENS Mayor Pro Tem STEVE CARAKER JERRY A. SMITH, JR. JEFF MILLER

CITY OF HENDERSONVILLE The City of Four Seasons

OFFICE OF THE MAYOR BARBARA G. VOLK

OFFICERS: JOHN F. CONNET

City Manager SAMUEL H. FRITSCHNER

City Attorney TAMMIE K. DRAKE

City Clerk

145 Fifth Ave. E. Hendersonville, NC 28792-4328

[email protected] www.hvlnc.gov

Phone: 828.697.3000 Fax: 828.697.3014

(repeatabove)

(repeatabove)





Nature of Item:



Suggested Motion:

Attachments:


3.1.19 Susan G. Frady, Develpoment Asst Director

4.4.19

Council Action

08

The City has received an application from Sharon Stepp and Hendersonville Little Theatre, Inc., to close an unopened andunimproved ROW Lilly Drive and the unopened and unimproved portion of W. Barnwell Street. A map, survey and legaldescriptions are included.

The Council adopted a Resolution of Intent to close this unopened right-of-way at their February 7th, 2019 meeting. Acopy of the Resolution of Intent was mailed to the adjoining property owners, notification of the proposed closing wasposted on the property, and the Resolution of Intent and notice of the public hearing was advertised for four times in thelegal notice section of a local newspaper.

General Statue 160A-299 has procedures for permanently closing streets and alleys. Any person may be heard on thequestion of whether or not the closing would be detrimental to the public interest or the property rights of any individual. Ifit appears to the satisfaction of the City Council after the hearing that closing this street is not contrary to the publicinterest, and that no individual owning property in the vicinity of the street or in the subdivision in which it is located wouldthereby be deprived of reasonable means of ingress and egress to their property, the City Council may adopt an orderclosing this street or alley.

0

N/A

I move Council to adopt the Order to Permanently Close a portion of an unopened and unimproved ROW for Lily Driveand a portion of W. Barnwell Street located on PIN numbers 9568-76-2275 and 9568-76-3519 as petitioned by SharonStepp and Hendersonville Little Theatre, Inc.

Order to Permanently CloseMapDescriptionResolution of Intent

ORDER # _______

ORDER TO PERMANENTLY CLOSE LILY STREET AND A PORTION OF W. BARNWELL STREET

(Petition by Sharon Stepp and Hendersonville Little Theatre, Inc.) NORTH CAROLINA HENDERSON COUNTY TO WHOM IT MAY CONCERN:

WHEREAS, North Carolina General Statue Section §160A-299 authorizes a city council to permanently close any street or public alley way within its corporate limits or area of extraterritorial jurisdiction and provides a procedure for the closing of such streets or alleyways; and

WHEREAS, Sharon Stepp and Hendersonville Little Theatre, Inc., have petitioned the City of

Hendersonville to close Lily Drive and a portion of W. Barnwell Street; and WHEREAS, on the seventh day of February 2019, the Hendersonville City Council adopted a

resolution expressing the intention of the municipality to close portions of these streets and setting the fourth day of April 2019, as the date of a public hearing regarding such closure; and

WHEREAS, the aforementioned resolution has been published once a week for four successive

weeks prior to the public hearing in the Hendersonville Times News (a newspaper of general and regular circulation in Hendersonville and Henderson County) and a copy thereof has been sent by certified mail to all owners of property adjoining the street as shown on the county tax records; and

WHEREAS, notice of the closings and of the public hearing has been posted in at least two places

along the streets; and WHEREAS, a public hearing was held in conformance with the aforementioned public notice on

the fourth day of April 2019. NOW, THEREFORE, the City Council of the City of Hendersonville does hereby make the

following findings of fact: 1. The closing of the streets hereafter described are not contrary to the public interest.

2. No individual owning property in the vicinity of the alley or in the subdivision in which it is

located would be deprived by the closing of such streets of reasonable means of ingress and egress to his property.

IN CONSIDERATION THEREOF, IT IS HEREBY ORDERED:

1. The following portions of streets are permanently closed and no longer existent as of the effective date of this order:

Being located in the County of Henderson, State of North Carolina and more particularly described as: TRACT "E" BEGINNING AT A POINT;THENCE NORTH 81 DEGREES 40 MINUTES 00 SECONDS EAST A DISTANCE OF 15.36 FEET TO THE NORTHWEST CORNER OF DEED BOOK 1625, PAGE 013 ALSO THE CORNER OF THE SOUTHERN MARGIN OF BARNWELL STREET AND EASTERN MARGIN OF LILY DRIVE; THENCE WITH THE WESTERN LINE OF DEED BOOK 1625, PAGE 013 AND EASTERN MARGIN OF LILY DRIVE SOUTH 04 DEGREES 58 MINUTES 00 SECONDS WEST A DISTANCE OF 228.55 FEET TO A POINT; THENCE NORTH 40 DEGREES 15 MINUTES 05 SECONDS WEST A DISTANCE OF 21.07 FEET TO A POINT; THENCE NORTH 04 DEGREES 58 MINUTES 00 SECONDS EAST A DISTANCE OF 210.18 FEET TO A POINT; WHICH IS THE POINT OF BEGINNING, HAVING AN AREA OF 3280 SQUARE FEET, 0.08 ACRES TRACT "F" BEGINNING AT A POINT IN THE EASTERN LINE OF DEED BOOK 104, PAGE 281; THENCE NORTH 81 DEGREES 40 MINUTES 00 SECONDS EAST A DISTANCE OF 15.36 FEET TO A POINT; THENCE SOUTH 04 DEGREES 58 MINUTES 00 SECONDS WEST A DISTANCE OF 210.18 FEET TO A POINT; THENCE NORTH 33 DEGREES 17 MINUTES 09 SECONDS WEST A DISTANCE OF 24.15 FEET TO A POINT IN THE EASTERN LINE OF DEED BOOK 104, PAGE 281; THENCE WITH SAID LINE NORTH 04 DEGREES 58 MINUTES 00 SECONDS EAST A DISTANCE OF 187.68 FEET O A POINT; WHICH IS THE POINT OF BEGINNING, HAVING AN AREA OF 2974 SQUARE FEET, 0.07 ACRES TRACT "A" BEGINNING AT A POINT IN THE EASTERN LINE OF DEED BOOK 104, PAGE 281 AND THE NORTHERN MARGIN OF THE RIGHT OF WAY FOR BARNWELL STREET AS SHOWN ON P.C. "B", SLIDE 116; THENCE NORTH 81 DEGREES 40 MINUTES 00 SECONDS EAST A DISTANCE OF 77.92 FEET TO A POINT IN THE CENTERLINE OF WASH CREEK AND THE NORTHERN MARGIN OF SAID RIGHT OF WAY; THENCE DOWN THE CENTERLINE OF WASH CREEK SOUTH 28 DEGREES 02 MINUTES 30 SECONDS EAST A DISTANCE OF 26.29 FEET;THENCE SOUTH 81 DEGREES 40 MINUTES 00 SECONDS WEST A DISTANCE OF 92.63 FEET TO A POINT IN THE EASTERN LINE OF DEED BOOK 104, PAGE 281;THENCE WITH THE EASTERN LINE OF DEED BOOK 104, PAGE 281 NORTH 04 DEGREES 58 MINUTES 00 SECONDS EAST A DISTANCE OF 25.43 FEET TO A POINT; WHICH IS THE POINT OF BEGINNING, HAVING AN AREA OF 2111 SQUARE FEET, 0.05 ACRES TRACT "D" BEGINNING AT A POINT IN THE EASTERN LINE OF DEED BOOK 104, PAGE 281; THENCE NORTH 81 DEGREES 40 MINUTES 00 SECONDS EAST A DISTANCE OF 92.63 FEET TO POINT IN THE CENTERLINE OF WASH CREEK; THENCE WITH THE CENTERLINE OF WASH CREEK SOUTH 37 DEGREES 23 MINUTES 31 SECONDS EAST A DISTANCE OF 28.31 FEET TO A POINT IN THE NORTHERN LINE OF DEED BOOK 1625, PAGE 013; THENCE PARTIALLY WITH THE NORTHERN LINE OF DEED BOOK 1625, PAGE 013 SOUTH 81 DEGREES 40 MINUTES 00 SECONDS WEST A DISTANCE OF 112.24 FEET TO A POINT IN THE EASTERN LINE OF DEED BOOK 104, PAGE 281;

THENCE WITH THE EASTERN LINE OF SAID DEED NORTH 04 DEGREES 58 MINUTES 00 SECONDS EAST A DISTANCE OF 25.43 FEET TO A POINT; WHICH IS THE POINT OF BEGINNING, HAVING AN AREA OF 2535 SQUARE FEET, 0.06 ACRES 2. The City Clerk shall forthwith cause a certified copy of this order to be filed in the Office of the

Register of Deeds of Henderson County.

This order shall take effect the fourth day of April, 2019.

_________________________________________ Barbara G. Volk, Mayor, City of Hendersonville

ATTEST: ________________________ Tammie K. Drake, City Clerk Approved as to form: _______________________________ Samuel H. Fritschner, City Attorney STATE OF NORTH CAROLINA, COUNTY OF HENDERSON I, ________________________________________, a notary public in Henderson County, State of North Carolina, do hereby certify that Barbara G. Volk, in her capacity as Mayor of the City of Hendersonville, Tammie K. Drake, in her capacity as City Clerk, and Samuel H. Fritschner, in his capacity as City Attorney, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and notarial seal, this ___________________________.

My commission expires _____________________________





Nature of Item:



Suggested Motion:

Attachments:

Tammie Drake Admin

03.27.19 Barb Boatman, President, Laurelwood Assn

04.04.19

Presentation Only

09

The Laurelwood Condo Association has asked to speak to the City Council about the NCDOT project on Highway 64 Westthat will impact them. Council Member Jerry Smith requested it be added to the agenda.

N/A

N/A

N/A

none





Nature of Item:



Suggested Motion:

Attachments:

John Connet Admin

03/27/2019 Tom Wooten

04/04/2019

Presentation Only

10

Public Works Director Tom Wooten will present the updated Pavement Condition Survey to the City Council. This surveyrates the condition of all city owned streets and is utilized to determine which streets are resurfaced in which year.

N/A

None

None





Nature of Item:



Suggested Motion:

Attachments:

Brian Pahle Admin

03/25/19 Brian Pahle

04/04/19

Council Action

11

A proposal to execute an interlocal agreement with Henderson County for the joint collection of property taxes. Theagreement is proposed to span 5 years of service. Under the agreement, Henderson County will collect City taxes at arate of 0.05% of the total collection. That amount is approximately $45,000 per year. The City will cover this cost basedon the County's higher collection rate, so this is a net even endeavor from a cost perspective. Additionally, this will greatlybenefit the citizens who will now only have one tax bill and have to visit only one place to pay their bills. Staff sees this asa great partnership opportunity that will benefit the citizens while enhancing our current property tax collections.

Next year's budget

N/A

I move City Council to authorize the City Manager to execute the interlocal agreement for tax collection.

Interlocal Agreement


Submitted By: Department: Date Submitted: Presenter: Date of Council Meeting to consider this item:Nature of Item:


Budget Impact: $_________________ Is this expenditure approved in the current fiscal year budget? If no, describe how it will be funded.


Attachments:

Brent Detwiler Engineering3/27/19 Brent Detwiler

4/4/19Council Action

North Carolina Parks and Recreation Trust Fund Grant for Clear Creek Greenway Extension The North Carolina General Assembly established the Parks and Recreation Trust Fund (PARTF) on July 16, 1994 to fund improvements in the state's park system, to fund grants for local governments and to increase the public's access to the state's beaches. The Parks and Recreation Authority, a nine-member appointed board, was also created to allocate funds from PARTF to the state parks and to the grants program for local governments. The North Carolina Parks and Recreation Trust Fund provides dollar-for-dollar matching grants to local governments for parks and recreational projects to serve the public. On November 27th, the Carolina Village Executive Committee held a meeting and discussed this project. They passed a motion to provide $250,000 to combine with the City's matching funds to provide a total match of $591,800. Attached to this agenda summary are a number of documents that are part of the application for the grant, including a certificate of assurances which requires signature. Staff will review these items with City Council and will be available for additional discussion.

12

341,800

No

I move City Council to direct staff to submit an application for a PARTF Grant for the Clear Creek Greenway Extension and to authorize the Mayor to execute said application.

PARTF Application Sheets

2

Parks and Recreation Trust Fund (PARTF) Annual Grant Cycle Schedule

September 2018

Announcement The NC Division of Parks and Recreation sends an announcement package to inform local governments about the availability of PARTF matching grants and how to apply. A digital copy of the PARTF application is available at the division web site.

October 3, 2018 (9 a.m. - 12 p.m.)

Application Workshop

The PARTF staff conducts a workshop for local governments to explain the application process and requirements. The workshop is presented via webinar and a recording will be available afterwards. Participation is recommended, but is not required.

April 1, 2019

Application Review Deadline Complete the application early, at least four weeks before the deadline (April 1, 2019) and contact your RRS regional consultant for a technical review to ensure that your application is complete.

May 1, 2019 Application Deadline

Applications are due by 5:00 p.m. See page 5 for options to drop off or mail an application.

Late Summer/Fall 2019

Selecting Grant Recipients Meeting of the Parks and Recreation Authority to select grant recipients. The meeting date and location will be announced on the NC Division of Parks and Recreation website when it is available

8

N.C. Parks and Recreation Trust Fund (PARTF): 2018-19 Basic Facts and Assurances Local Government Name: City of Hendersonville

County: Henderson County Federal Employer I.D. Number: 56001242

Local Government Contact Person for the Grant:

Name: Mr. Matt Champion

Title: Senior Planner

Organization: City of Hendersonville

Mailing Address: 100 N. King Street

City/State/Zip: Brevard, NC 28792

Telephone: 828-233-3202

E-mail: [email protected] (must be an employee of the sponsoring local government)

Local Government Manager:

Name: Mr. John Connet

Title: City Manager

Mailing Address: 145 Fifth Avenue East

City/State/Zip: Hendersonville, NC 28792

Telephone: 828-697-3005

E-mail: [email protected]

Chief Elected Official:

Name: Mrs. Barbara Volk

Title: Mayor

Mailing Address: 145 Fifth Avenue East

City/State/Zip: Hendersonville, NC 28792

Type of project:

Land Acquisition Only

Development Only (construction or renovation)

Land Acquisition and Development

Site Control (check all that apply):

Owned by local government

To be obtained with this land acquisition project

Leased by applicant for 25 years or more

Easement

Owned by school board

Costs rounded to nearest dollar:

PARTF funds requested: $341,800.00

Local government’s matching funds: $ 591,800.00

Total cost of project $ 933,600.00

Recreation Resources Service (RRS) regional consultant: Judy Francis

Project Title: Clear Creek Greenway Brief description of the proposed project: To construct approximately 4,000ft of a new greenway that will connect the existing City of Hendersonville’s Oklawaha Greenway to the retirement community at Carolina Village.

Approval by local governing board I hereby certify the information contained in the attached

application is true and correct and the required dollar-for-dollar matching funds will be available during the project period. This

application for PARTF funding has been voted on and approved by the local governing board on the date noted here.

_______________________

Date Adopted by the local governing board

Chief Elected Official:

_____________________________________________ (Print or Type Name and Title)

_____________________________________________

(Signature)

If two local governments are applying together, this form must be completed and signed by each local government.

One applicant must be identified by adding “primary sponsor” in the “Local Government Name” section.

This form must be complete in its entirety for your application to be considered

10

12

City of Hendersonville - Clear Creek Greenway (October 26, 2018)

Project Costs Unit Unit Cost Total Item Cost

Grading LS $104,000 $104,000

Supplementary Clearing and Grubbing AC $3,332 $399.84

Undercut Excavation CY $16 $23,703.70

Aggregate Base Course TN $25 $74,814.75

Asphalt Concrete Surface Course, Type S9.5B TN $100 $48,889

Chain Link Fence, 72” LF $15.71 $4,713

Metal Line Posts for 72” Chain Link Fence EA $49.03 $2,451.50

Metal Term Posts for 72” Chain Link Fence EA $57.94 $57.94

Additional Barbed Wire LF $1.67 $501

Paint Pavement Marking Lines, 4” LF $0.60 $2,400

Thermoplastic Pavement Marking Lines, 24”, 120 mils LF $23.40 $2,340

Temporary Silt Fence LF $3.51 $14,040

Trees EA $300 $72,000

Geogrid for Soil Stabilization SY $5.30 $30,623.40

Bridge Abutment LS $200,000 $200,000

Bridge Installation LS $15,236 $15,236

Pedestrian Bridge 70’ LS $64,382.40 $64,382.40

#3 Ballast TN $46 $10,488

Flashing Pedestrian Crossing Sing EA $4095 $8,190

Thermoplastic Coated Cast Iron Bench and Concrete Pad EA $1,515 $7,575

Mile Markers EA $615 $2,460

Easement Acquisition LS $23,840 $23,840

Flood Study LS $3,600 $7,200

Geotechnical – Investigation, CMT LS $33,400 $33,400

Survey LS $23,370 $23,370

Costs to Develop the Project $778,000

Contingency for the Cost of Building (Maximum 20%)

Not to exceed 20% of the cost to develop the project 20% $155,600

Total Project Cost $933,600

Total PARTF Grant Request $341,800

13

Attorney’s Certification of Site Control for Development Projects

Local Government: City of Hendersonville Project Name: Clear Creek Greenway Instructions: An attorney must certify that the local government has control of the entire site of a proposed development project for providing public recreation by May 1, 2019. The project must be located on a single contiguous site. Please contact your regional consultant about linear parks and greenways. Important: The application can be declared ineligible without this certification.

Exception: This certification is not required for applications only proposing land acquisition or applications proposing to acquire the site of a proposed development project.

1. TYPE OF SITE CONTROL: Indicate the type(s) of control the applicant has for the project site. TYPE OF CONTROL Check all that apply

Fee Simple Title

Entire Site. Portion of site

Lease

(25 years or longer)

Entire Site. Portion of site

Easement Entire Site.

Portion of site

2. LIMITATIONS, CONDITIONS OR ENCUMBRANCES:

No limitations, conditions or encumbrances a) For property owned or to be owned by the local government, describe all easements or encumbrances. b) Describe any conditions or limitations in current or proposed leases, easements or use agreements.

Include restrictions on the local government’s use of the site or the rights to be reserved by the landowner that may impact the local government’s ability to complete the project in a timely manner and/ or provide for public recreational use for at least 25 years. Attach additional pages if needed.

3. ATTORNEY’S CERTIFICATION I have reviewed the site of the proposed project identified on this page and certify that the information provided above is accurate to the best of my knowledge. The proposed project is will be on one contiguous site. NAME (Printed/Typed) _____________________________________________________________________

TITLE ____________________________________________________

SIGNATURE _________________________________________ Date ___________________

14

Sources of the Applicant’s Matching Funds

Use the format below to show the sources of your matching funds. Please indicate if these funds are currently available or are the funds yet to be approved. If funds are yet to be approved, list the date for approval. Applicant: City of Hendersonville Project’s Title: Clear Creek Greenway

Sources of the Applicants Matching Funds

Type of Matching Funds

Amount of

Funds

Funding Source Availability

Cash

$ 250,000

$ 341,800

Private Donation from Carolina Village City of Hendersonville’s Capital Improvement Plan (CIP)

In Hand City’s Approved CIP in FY2021

Total Matching Funds

$591,800

*PARTF allows other state and federal funding to be used as local match.

22

PARTF Scoring System for Grants The members of the N.C. Parks and Recreation Authority use the PARTF scoring system as one of several tools to select grant recipients. Please provide all the information requested for each item. Attach a separate page if more space is needed to address any item. Before beginning, please refer to the “Definition of Terms” beginning on page 30. A team of PARTF staff and regional consultants will evaluate each application based on the scoring system and make the final decision about the applicant’s score. Preparing an application for a PARTF grant is more than simply completing the application form. Creating a proposal for a high-quality park and recreation project requires adequate time to collect public input, review the results, and then properly plan for the project. You should also allow time to prepare the support documents that are vital in the evaluation of your application. The planning and public involvement process has many benefits including: New recreational opportunities can be based on community preferences New parks can be located to respond to current deficiencies and future demands Recreational facilities can be built to meet the expectations of park visitors and minimize harm to the

environment and PARTF funds can be used more efficiently.

PARTF Scoring System for Grants Applicant:

Project:

A. Planning: (20 possible points)

1. Site Specific Master Plan for the park and/or greenway system Master Plan (10 points)

This item does not apply for applications proposing only land acquisition Please refer to pages 31-33 for the required components of the plan

a. The applicant has a master plan created or revised within the past five years for the project site and the project conforms to the plan. Date the plan was produced: _______ (9 points) or b. The applicant has a master plan created or revised within the past six years to ten years for the project site and the project conforms to the plan. Date the plan was produced: _______ (4 points) c. The local governing board has adopted the master plan. Date the plan was adopted: __________ (1 point)

Documentation Required (Number of copies needed – see pages 6 or 7): 1. A park master plan or greenway system plan. 2. A local governing board’s meeting minutes or resolution as documentation of the adoption. 3. List the page number(s) and tab or highlight where the project is referenced in the plan.

23

2. Comprehensive systemwide parks and recreation plan for the local government’s jurisdiction (7

points) Please refer to page 32 for the required components of the plan

a. The applicant has a Comprehensive Systemwide Parks and Recreation Plan and the project conforms to the plan. Date the plan was produced: _________ (6 points) b. The local governing board has adopted the systemwide plan. Date the plan was adopted: __________ (1 point)

Documentation Required (Number of copies needed – see pages 6 or 7): 1. A comprehensive systemwide parks and recreation plan produced or revised in the past 10 years. 2. A local governing board’s meeting minutes or resolution as documentation of the official adoption. 3. List the page number(s) and tab or highlight where the project is referenced in the plan.

3. 3 to 5-year capital improvement plan for parks and recreation (3 points)

Please refer to page 33 for the required components of the plan

The applicant has a 3-5 year parks and recreation plan or a capital improvement plan for parks and recreation and the project is identified in the plan. Date the plan was adopted (required): ________ (3 points)

Documentation Required (Number of copies needed – see pages 6 or 7): 1. A capital improvement plan. 2. A local governing board’s meeting minutes or resolution as documentation of their adoption as a part

of the local government’s budget process. 3. List the page number(s) and tab or highlight where the project is referenced in the plan.

24

B. Level of public involvement in developing and supporting the project: (15 possible points)

1. Public meetings (5 points): The applicant conducted a public meeting(s) exclusively for discussing the PARTF

grant project and obtaining comments within the past 24 months. The public supported the project.

Date of the meeting(s): _________ Documentation Required (Number of copies needed – see pages 6 or 7): 1. Provide a title page that gives the name of applicant, the name of the project and identifies the

document as “Public Meetings.” 2. A document describing the means used to widely advertise the meeting; such as newspaper

advertisements, Facebook, websites, and community announcements. 3. The minutes, including the discussion of the project, who was present and public comments.

2. Recreational needs survey (5 points): The survey must be conducted during the past ten years Please refer to page 33 for the required components of the survey

The results of a survey to determine the recreational needs in the applicant’s jurisdiction show that the citizens support the project.

The survey must be conducted during the past ten years Please refer to page 33 for the required components of the survey

Documentation Required (Number of copies needed – see pages 6 or 7): 1. The following information about the survey

Copy of the questionnaire Results of the survey Describe how the survey was distributed. Give the date(s) of distribution and the number of surveys distributed. Provide the number of respondents and demographic information that they are

representative of the local government’s jurisdiction. Describe how the results of the survey show that the citizens support the project.

2. Include a title page that gives the name of applicant, the name of the project and identifies the

document as “Survey of Recreational Needs.””

25

3. Support from civic groups (3 points): The applicant presented the PARTF grant project to two or more local groups and received support

for the project. (Examples: civic groups, neighborhood associations, youth organizations, non-governmental advisory boards, etc.)

Documentation Required (Number of copies needed – see pages 6 or 7):

1. Include a title page that gives the applicant’s name, the project’s name and identifies the document as “Presentations to Local Groups.”

2. The agenda, correspondence or other documentation from the groups that confirm the meeting dates and the presentations given by the applicant.

Note: Letters expressing support for the project do not count as presentations.

Name of the Organization

Date of the Presentation

Meeting agenda or letter from the organization included in the application?

4. Support from a parks and recreation board (2 points):

The applicant presented the PARTF Grant project to the parks and recreation advisory board or a similarly appointed, non-elected group, and received a motion of support for the project.

Date of the meeting(s): ____________________

Documentation Required (Number of copies needed – see pages 6 or 7): 1. Include a title page that gives the name of the applicant, the project and identifies the document

as “Presentation to Advisory Board.” 2. The minutes from the meeting that include support for the project.

26

C. Public recreational facilities provided by the project: (45 possible points)

Not applicable to land acquisition only projects.

1. The local government will be building its first public park on property that it owns. (20 points)

Yes No

Explain:

2. New, like or renovated facilities to be provided: (30 points) A maximum of 30 total points will be awarded for the sum of 2a, 2b and 2c.

a. The project will provide (check one):

3 or more types of new recreational facilities (20 points) 2 types of new recreational facilities (15 points) 1 type of new recreational facility (10 points)

List the new types of recreational facilities:

b. The project will add recreational facilities at the park that are like the facilities that exist at the park. The project will add (check one):

3 or more types of recreational facilities (12 points) 2 types of recreational facilities (8 points) 1 type of recreational facility (4 points)

List the types of recreational facilities:

c. The project will provide major renovation of (check one): 3 or more types of recreational facilities (8 points) 2 types of recreational facilities (6 points) 1 type of recreational facility (4 points)

List the recreational facilities to be renovated and why each renovation is needed:

3. The project will provide a trail or greenway (1/4 mile or longer) that links to existing recreation area(s), school(s), downtown businesses, and/or communities located outside of the park. (5 points) Yes No Site plan must show trail linkage (page 14-15). Identify by name and location the existing trail and areas to be linked by the proposed trail:

27

D.The Suitability of the Site for the Proposed Project. (5 possible points)

Explanations are needed below to be considered for each point.

1. The site is suited for the proposed development with minimal adverse impact to the

environment. (1 point) Please explain:

2. The location of the site enhances the park and the public’s access to the park. (1 point) Please explain:

3. The site is enhanced by the adjacent property uses. (1 point)

Please explain:

4. The proposed site is large enough to adequately accommodate the proposed development. The proposed project will require minimal site preparation considering the geographic region where it is located. (1 point) Please explain:

5. The site is free of restrictive easements, overhead powerlines, or other intrusions (1 point): Yes No*

*Please describe how the proposed development would be limited or cause a safety hazard for users:

28

E. The applicant’s commitment to operating and maintaining the project. (15 possible points)

1. The applicant has a full-time parks and recreation department that will manage the project site to provide programming and to ensure adequate operation and maintenance. (15 points) 2. The applicant has a full-time staff, such as a public works, who will manage the project site to ensure adequate operation and maintenance. (8 points) 3. The applicant will manage the project site with part-time staff or by contractual agreement to ensure adequate operation and maintenance. (4 points) 4. An organized volunteer group, such as a civic group or youth sports association, will operate and maintain the site. (2 points)

Provide the name of the organization that will operate and maintain the site: If the applicant is not going to operate the site with full-time staff, (see #3 & #4), describe how and when the site will be open to the public.

F. Land Acquisition (15 possible points) (Does not apply for applications proposing development only.)

1. If not purchased at this time, a significant natural, cultural, recreational, scenic or highly-threatened resource will be used for other purposes. (15 points) *

2. The site is an excellent natural and/or recreational resource. (10 points) * 3. The site is an average natural and/or recreational resource. (5 points) *Required explanation in detail. What is the specific significant resource? What is the specific potential threat?





Nature of Item:



Suggested Motion:

Attachments:

Brent Detwiler Engineering

3/27/19 Brent Detwiler

4/4/19

Council Action

13

WWTP Improvements - Filter Replacement Project Award:

On March 5, 2019, the Wastewater Treatment Plant Improvements – Filter Replacement project was formally bid, but onlytwo bids were received. Per NCGS 143-129, the bids were not opened and the project was rebid. The project consists ofthe replacement of the tertiary filter system in filter basin No. 1 with a Cloth-Media Filtration System, structuralmodifications and repairs to the filter basin, procurement and installation of all piping, valves, weir gates, andappurtenances, and routing of power and controls signals between the new cloth media filtration system and the treatmentplant’s power and control systems. The Engineer's Opinion of Probable Construction Cost for this project is approximately$1,200,000.00.

On March 19, 2019, two bids were received with the following results.

Turner Murphy Company, Inc. - $676,217.32The Harper Corporation - $703,000.00

Our consultant, McKim & Creed, reviewed each of the bids received for accuracy and completeness. As a result of thisreview, City staff and our consultant recommends the project award to Turner Murphy Company, Inc., the lowestresponsive and responsible bidder, in the amount of $676,217.32. Please let us know if you have any questions or requireadditional information regarding this project.

676,217.32

Yes

I move Council to authorize the City Manager to award and execute the contract for the construction of the WastewaterTreatment Plant Improvements - Filter Replacement Project to Turner Murphy Company, Inc., the lowest responsive andresponsible bidder, in the amount of $676,217.32, as presented and recommended by staff.

Engineer's Recommendation Letter, Bid Tabulation, Engineer's Opinion of Probable Construction Cost

Hendersonville Wastewater Treatment Plant Improvements - Filter Replacement (#6121234)Bid ScheduleOwner: City of Hendersonville, NCBid Opening: 03/19/2019 02:00 PM EDT

Section Title Line Item Item DescriptionUnit of Measurement Quantity Unit Price Extension Unit Price Extension

Base Bid $621,217.32 $648,000.00A FOR THE COMPLETION OF THE

HENDERSONVILLE WWTP IMPROVEMENTS - FILTER REPLACEMENT, COMPLETE, IN PLACE, AS SPECIFIED.

LS 1 $621,217.32 $621,217.32 $648,000.00 $648,000.00

Contingency Allowance $55,000.00 $55,000.00B CONTINGENCY ALLOWANCE LS 1 $55,000.00 $55,000.00 $55,000.00 $55,000.00

Base Bid Total: $676,217.32 $703,000.00

Turner Murphy Co., Inc. The Harper Corporation

ITEM DESCRIPTION QTY UNIT UNIT COST AMOUNTMOB Mobilization

1 Mobilization (3% of total) 1 LS 31,000.00$ 31,000.00$ 1A Demobilization 1 LS 16,000.00$ 16,000.00$

SCH I Mechanical1 AquaDiamond Filter System - Prepurchased by City 1 LS 883,275.00$ 883,275.00$ 2 Demolition of existing Filter No. 1 equipment 1 LS 70,000.00$ 70,000.00$ 3 7' - 0" Weir Gates and Installation 2 EA 40,000.00$ 80,000.00$ 4 14' - 0" Weir Gate and Installation 1 EA 75,000.00$ 75,000.00$ 5 8" Dia. DIP 90 Degree Flanged Elbow, AWWA C110 Standard, Protecto 401 Lined 2 EA 2,250.00$ 4,500.00$ 6 New Filter No. 1 Effluent Weir Plate 1 EA 2,500.00$ 2,500.00$ 7 Temporary Bypass Equipment and Pumping 1 LS 110,000.00$ 110,000.00$ 8 Installation of AquaDiamond Filter System 1 LS 400,000.00$ 400,000.00$

15 Ultrasonic Level Transmitter/Flow Controller 1 EA 4,500.00$ 4,500.00$

Subtotal Sch 1 1,629,775.00$

SCH II Structural1 Demolition of existing walls, walkways, sluice gate, inlet ports, backwash trough, and weir plates 1 LS 50,000.00$ 50,000.00$ 2 New Center Walkway Assembly 1 LS 11,000.00$ 11,000.00$ 3 New Backwash Trough 1 LS 8,000.00$ 8,000.00$ 4 Mounting Structure for Festoon Post 'FP-1' 1 LS 15,000.00$ 15,000.00$ 5 Structural Repairs to Filter Basin Structure 1 LS 10,000.00$ 10,000.00$

Subtotal Sch 2 94,000.00$

SCH III Electrical/I&C1 Effluent Filter No. 1 Electrical Demolition

Motors (Backwash Pump, Hood Drive (2)) 3 EA 260.00$ 780.00$ Circuit Breaker Units 'MCC-U' 3 EA 325.00$ 975.00$ Motor Starters 3 EA 455.00$ 1,365.00$ Existing Filter Electrical Equipment Removal 1 LS 9,750.00$ 9,750.00$ Disconnect Switch 3 EA 163.00$ 489.00$ Cable and Conduit Removal 600 FT 6.00$ 3,600.00$ Misc. Labor Cost 1 LS 6,500.00$ 6,500.00$

2 Effluent Filter No. 1 Electrical InstallationAdd 100A MCC Feeder Breaker Section 2 EA 2,893.00$ 5,786.00$ 120V Panel 20A 1P Breaker 3 EA 127.00$ 381.00$ 120V 20A 1P GFI Breaker (Heat Trace) 2 EA 156.00$ 312.00$ Non-Fused Disconnect/ 60A/ NEMA-4X-SS 2 EA 2,145.00$ 4,290.00$ Non-Fused Disconnect/ 30A/ NEMA-4X-SS 3 EA 1,625.00$ 4,875.00$ 2.0" Sch-80 PVC Conduit/ Underground 150 FT 14.00$ 2,100.00$ 1.0" Sch-80 PVC Conduit/ Underground 950 FT 10.00$ 9,500.00$ 0.75" Sch-80 PVC Conduit/ Underground 1250 FT 8.00$ 10,000.00$ 2.0" Exposed Conduit 50 FT 26.00$ 1,300.00$ 1.0" Exposed Conduit 100 FT 19.00$ 1,900.00$ 0.75" Exposed Conduit 100 FT 13.00$ 1,300.00$ #6awg XHHW Cu/ In Raceway 750 FT 2.00$ 1,500.00$ #8awg XHHW Cu/ In Raceway 250 FT 2.00$ 500.00$ #10awg XHHW Cu/ In Raceway 900 FT 1.00$ 900.00$ #12awg XHHW Cu/ In Raceway 1850 FT 1.00$ 1,850.00$ #14awg XHHW Cu/ In Raceway 1550 FT 1.00$ 1,550.00$

Engineer's Opinion of Probable Construction CostProject: City of Hendersonville WWTP Improvements - Filter Replacement

Date: February 04, 2019Project Number: 06496-0006

City of HendersonvilleWWTP Improvements - Filter Replacement Engineer's Opinion of Probable Construction Cost

2/4/20191 of 2

2C#16TSP XHHW Cu/ In Raceway 450 FT 2.00$ 900.00$ 12C 62.5mm Fiber Optic Cable 100 FT 5.00$ 500.00$ Cat 6e Cable 150 FT 5.00$ 750.00$ Cable Termination/ #6awg 12 EA 15.00$ 180.00$ Cable Termination/ #10awg 8 EA 3.00$ 24.00$ Cable Termination/ #12awg 25 EA 3.00$ 75.00$ Cable Termination/ #14awg 20 EA 3.00$ 60.00$ Heat Trace Equipment 2 EA 4,550.00$ 9,100.00$ NEMA-4X/SS 12"x10"x6" Junction Box 2 EA 1,950.00$ 3,900.00$ Misc. Supports and Fasteners, Etc. 1 LS 2,600.00$ 2,600.00$ Excavation & Back-Fill 300 FT 11.00$ 3,300.00$ Misc. Labor Cost 1 LS 26,000.00$ 26,000.00$

3 Disinfection Basin Instrumentation InstallationAdd 120V Panel 20A 1P Breaker (FIT Power) 1 EA 127.00$ 127.00$ 1.0" Sch-80 PVC Conduit/ Underground 300 FT 10.00$ 3,000.00$ 0.75" Sch-80 PVC Conduit/ Underground 150 FT 8.00$ 1,200.00$ 1.0" Exposed Conduit 50 FT 19.00$ 950.00$ 0.75" Exposed Conduit 50 FT 13.00$ 650.00$ #12awg XHHW Cu/ In Raceway 600 FT 1.00$ 600.00$ 2C#16TSP XHHW Cu/ In Raceway 300 FT 2.00$ 600.00$ Cable Termination/ #12awg 4 EA 3.00$ 12.00$ Exothermic GT Welds 2 EA 146.00$ 292.00$ Exothermic TA Welds 1 EA 146.00$ 146.00$ 3/4"x120" Ground Rod 2 EA 282.00$ 564.00$ 4/0awg Bare Cu 50 FT 10.00$ 500.00$ #2awg Bare Cu 50 FT 3.00$ 150.00$ Misc. Supports and Fasteners, Etc. 1 LS 1,950.00$ 1,950.00$ Excavation & Back-Fill 150 FT 11.00$ 1,650.00$ Labor Cost 1 LS 6,500.00$ 6,500.00$

4 I&C Equipment and SCADA Integration 1 LS 60,000.00$ 60,000.00$

Subtotal Sch 3 198,000.00$

Total Sch I, Sch II, Sch III, and Mob 1,968,775.00$ Estimating Contingency / Materials Variance (10%) 108,000.00$ ESTIMATED TOTAL 2,077,000.00$ ESTIMATED TOTAL - LESS PREPURCHASED EQUIPMENT 1,194,000.00$

City of HendersonvilleWWTP Improvements - Filter Replacement Engineer's Opinion of Probable Construction Cost

2/4/20192 of 2





Nature of Item:



Suggested Motion:

Attachments:

Adam Murr Admin


04/04/2019

Presentation Only

15a

In accordance with State Statute 159-13 (b) (3) it is required that all expenditures resulting from a contingencyappropriation budget adjustment be reported to the governing board at its next regular meeting and recorded in theminutes.

The following contingency appropriations were made:

1) Fund 10 | $8,120 | Fire Department Bay Improvement2) Fund 10 | $142 | Insurance3) Fund 60 | $540 | Insurance4) Fund 60 | $1,006 | Insurance5) Fund 10 | $13,192 | Fire Department LED Lights

N/A

N/A- Report Only

N/A





Nature of Item:



Suggested Motion:

Attachments:

Tammie Drake Admin

03.27.19 John Connet

04.04.19

Presentation Only

15b

Both the Mayor and City Manager will be traveling in January 2019. We are requesting the regular meeting be moved fromJanuary 2, 2020 to January 9, 2020. Please mark your calendars accordingly.

N/A





Nature of Item:


Tammie Drake Admin

03.27.19 Tammie Drake

04.04.19

Council Action

16

Appointments:

Board of Adjustment: The alternate position on this Board is vacant. At your last meeting, the application of Steve Smithwho is willing to serve was presented to you for consideration.

Vacancies:Walk of Fame Steering Committee: 1 vacant position

N/A

Suggested Motion:

I nominate Steve Smith for the alternate position on the Board of Adjustment. This term will expire June 2022.





Nature of Item:



Suggested Motion:

Attachments:

Brian Pahle Admin

03/25/19 Brian Pahle

04/04/19

Council Action

18

Request for approval of a memorandum of understanding (MOU) between Blue Star Hospitality, LLC and the City ofHendersonville for the development of a hotel on the Dogwood Parking Lot site.

[CLOSED SESSION]

n/a

N/A

I move that the City Council enter Closed Session in accordance with NCGS 143-318.11(a) (5) to establish, or to instructthe public body's staff or negotiating agents concerning the position to be taken by or on behalf of the public body innegotiating the price and other material terms of a contract or proposed contract for the acquisition of real property.

Memorandum of Understanding

Documents

A G E N D A - hendersonvillenc.gov · A G E N D A CITY OF HENDERSONVILLE CITY COUNCIL – REGULAR MEETING APRIL 4, 2019 – 5:45 P.M. Council Chambers - City Hall 1. Call to Order