Town of Montreat Board of Commissioners October 8, 2015 7:00 … · 2019-02-01 · The proposed Consent Agenda included the following items: April 9, 2015 Town Council Meeting Minutes

Town of Montreat Board of Commissioners

Meeting Agenda October 8, 2015 – 7:00 p.m.

Walkup Building

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I. Call to Order

Pledge of Allegiance

Invocation

II. Agenda Adoption

III. Mayor’s Communications

IV. Consent Agenda

A. Meeting Minutes Adoption

May 21, 2015, Special Meeting – Town Council Meeting (As amended)

June 4, 2015, Agenda Meeting

June 11, 2015, Town Council Meeting

June 18, 2015, Special Meeting

June 25, 2015, Special Meeting

July 2, 2015, Agenda Meeting (Pending)

July 9, 2015, Town Council Meeting (Pending)

August 6, 2015, Agenda Meeting (Pending)

August 13, 2015, Town Council Meeting (Pending)

September 3, 2015, Agenda Meeting (Pending)

September 10, 2015, Town Council Meeting (Pending)

All items on the Consent Agenda are considered routine, to be enacted by one motion with the adoption of the agenda and without discussion. If a member of the governing body requests discussion of an item, it will be removed from the Consent Agenda and considered separately. V. Town Administrator’s Communications

Consent Agenda Review

Texas Road Bridge Project Update

Sanitation Services Update

Personnel Updates – Town Clerk Position

Other Topics VI. Administrative Reports

A. Police Chief B. Public Works Director C. Finance Officer D. Building Inspector/Code Administrator

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Montreat Board of Commissioners Meeting Agenda October 8, 2015

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VII. Public Comment – Agenda Items

Public comments will be heard during this period for only those items listed on the meeting agenda.

VIII. Old Business

IX. New Business

A. Public Works Department Vehicle Purchase – 2015 Ford F-250

Suggested Motion: To approve the purchase of a 2015 Ford F250 truck from Asheville Ford in the amount of $39,875.46, to be financed by Asheville Savings Bank over a 36 month term at the rate of 2.69% fixed and to authorize the Mayor and Town Administrator to execute the necessary contract documents.

B. Montreat General Ordinance, Chapter K, Article V: Trees and the Tree City USA Application – Montreat Landcare

Suggested Motion: To call for a Public Hearing on November 12, 2015 at 7:00 p.m. or as soon thereafter as possible to discuss Proposed Montreat General Ordinance, Chapter K, Article V – Trees

C. Hydrology Study – Texas Road Bridge (Materials Pending)

Suggested Motion: To approve the proposed scope of services from ___________________ in the amount of $_________ for ___________________ and to authorize the Mayor and Town Administrator to execute any necessary related documents.

X. Public Comment – Other Topics

Public comments will be heard during this period for other public business items or topics not

listed on the meeting agenda.

XI. Commissioner Communications

XII. Meeting Dates Planning and Zoning Commission Meeting: October 6, 2015, 3:00 p.m.

Town Services Building

Montreat Landcare Committee Meeting:

October 7, 2015, 9:00 a.m. Moore Center Meeting Room

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Montreat Board of Commissioners Meeting Agenda October 8, 2015

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October Town Council Meeting:

October 8, 2015, 7:00 p.m. Walkup Building

Planning and Zoning Commission Meeting:

October 22, 2015, 7:00 p.m.

Walkup Building

Bulk Item Sanitation Collection: October 27, 2015

Audit Committee Meeting:

October 29, 2015, 3:00 p.m. Town Services Building

Agenda Items Due: October 30, 2015, 5:00 p.m.

Town Services Office

November Agenda Meeting: November 5, 2015, 7:00 p.m. Walkup Building

November Town Council Meeting: November 12, 2015, 7:00 p.m.

Walkup Building XIII. Closed Session

Suggested Motion: To enter into Closed Session in accordance with North Carolina General Statute §143-318.11(3) for attorney consultation regarding the Civil Action: Carolyn Zoe Crowder, John L. Currie, Nancy B. Thomas, Henry W. Darden, Jr., and wife, Carolyn v. Darden, Plaintiffs, versus the Town of Montreat, Defendant.

XIV. Adjournment

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Town Council Special Meeting May 21, 2015

Walkup Building

Book 13; Page 331

Board members present: Commissioner Martha Campbell Commissioner Tim Helms Commissioner Jack McCaskill Commissioner Ann Vinson

Board members absent: Mayor Letta Jean Taylor Mayor Pro Tem Mary Standaert Town staff present: Ron Nalley, Town Administrator

Misty R. Gedlinske, Town Clerk Steve Freeman, Public Works Director Stefan Stackhouse, Finance Officer David Currie/Building Inspector/Code Administrator Justyn Whitson, Police Officer

Approximately 15 members of the public were also present. Commissioner Jack McCaskill called the meeting to order at 7:00 p.m., led the group in reciting the Pledge of Allegiance and in prayer.

Agenda Approval Commissioner McCaskill welcomed everyone to the meeting. Commissioner Campbell requested to add Resolution #15-05-0001 to the Agenda as New Business Item D. Commissioner Vinson made a motion to approve the Agenda as amended. Commissioner Helms seconded and the motion to approve the Agenda as amended carried 4/0.

Certificates of Appreciation: 2015 Native Plant Sale and Arbor Day Celebration

Shannon Ingersoll and Misty Varnell were recognized with Certificates of Appreciation for their leadership and assistance with the 2015 Native Plant Sale and Arbor Day Celebration. Due to prior commitments, neither could attend tonight’s meeting so the certificates will be presented to them at the Montreat Landcare meeting or mailed.

Presentation to Council: 2015-2016 Fiscal Year Budget

Mr. Nalley presented the proposed 2015-2016 Fiscal Year Budget in the amount of $2,921,650. The budget is balanced and is prepared in accordance with the Local Government Budget and Fiscal Control Act and in accordance with Local Government Commission guidelines. The data presented is materially accurate and presented in a manner which fairly reflects the financial position and operations of the Town as measured by the financial activity of its various funds.

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Montreat Board of Commissioners Town Council Meeting Minutes

May 21, 2015

Book 13; Page 332

Significant factors influencing the proposed Budget include the current state and national economic conditions, the funding of capital projects as identified in the Capital Improvements Plan, fuel and utility cost increases and employee benefit costs. Staff feels that the proposed Budget assigns funding priorities based on Board input and direction, and that it fulfills obligations made by the Board or imposed by other levels of government. The tax rate necessary to fund this budget is $0.41 per $100 in property valuation, a continuation of the current fiscal year’s ad valorem tax rate. Each penny of the tax rate generates $23,220 in revenues for the Town. General Fund operating revenues are budgeted at $2,566,050, a decrease of approximately 5.2%, or $139,897 from the current year. Water Fund operation revenues are budgeted at $355,600, a decrease of $183,400, or 34% from the current fiscal year. Water rates are proposed to remain at $4.83 per 1,000 gallons of usage. The proposed Budget is on file at the Town Services Office and will be posted to the Town’s website, www.townofmontreat.org. Following the June 11 Public Hearing, the Board may choose to set Special Meetings for additional Budget discussion at their discretion. Adoption of the final Budget Ordinance is scheduled for June 25. Mr. Nalley encouraged the Board to hold at least one or more budget workshop meetings to fully discuss the revenue and expenditure recommendations contained within the proposed budget. Brief discussion was heard concerning North Carolina Senate Bill 369 and 608 currently under consideration in the NC Senate. The Bills propose to distribute all sales tax revenues on a per capita basis at the state and local level. Buncombe County municipalities currently receive these distributions on an ad valorem basis. For Montreat, the loss in local sales tax revenues under the currently proposed bill language is estimated at $223,605, a 67% decrease. This projected loss of revenue would be equivalent to 10 cents on the tax rate. Mr. Nalley encouraged the Board to monitor the status of these bills very closely throughout this legislative session due to the devastating impact they would have on the Town’s revenues if passed during the next fiscal year.

Mayor’s Communications Mayor Taylor was absent and had no report at this time.


The proposed Consent Agenda included the following items:

April 9, 2015 Town Council Meeting Minutes Adoption;

April 22, 2015 Annual Board Retreat Minutes Adoption;

Call for a Public Hearing on June 11, 2015 at 7:00 p.m. or as soon thereafter as possible for discussion of the proposed 2015-2016 Fiscal Year Budget;

Adoption of the 2015-2016 Departmental Goals and Objectives;

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May 21, 2015

Book 13; Page 333

Adoption of Fiscal Year 2015-2016 Budget Amendment #3 to account for additional legal fees and technology support services. Upon request, Mr. Nalley reported that the Town has spent $28,400 in legal fees and has an additional $8,000 pending payment totaling approximately $36,100. Mr. Nalley expects that the Town will spend an additional $27,000 on legal fees by July 1;

Adoption of Fiscal Year 2015-2016 Budget Amendment #4 to account for indirect cost allocations from the General Fund to the Water Fund.

Town Administrator’s Communications

Engineering and design work for the Texas Road bridge replacement project continues, and

preliminary plans at 75% are completed except for the hydrology portions of the plan currently

being reviewed by the North Carolina Department of Transportation. Commissioner McCaskill,

Commissioner Helms and staff participated in a conference call with KCI to discuss concerns

expressed by the Board at their annual Retreat. As follow-up to these discussions, KCI is again

including monthly updates on the project and are on schedule for a late August or early

September let date for the construction contract. Mr. Nalley stated that there are still some

design concerns discussed during the conference call that are being worked out and he feels

that KCI has been somewhat responsive to those concerns. Commissioner Helms stated that

during the call, many of the concerns from the community were addressed, more specifically

those relating to the appearance characteristics of the bridge, including the wall and headwall

design and finishing, powder coated guardrails and railings, and landscaping to soften the look

of the finished wall. Commissioner McCaskill commented on the hydrology and historical flood

data and his concern that the figures used in determining the bridge’s length and elevation are

not accurate. Commissioner Campbell thanked Commissioner’s McCaskill and Helms for

representing the Council on the conference call in trying to resolve some the Council’s

concerns with the bridge project. In response to Commissioner Campbell’s question, Mr.

Nalley reported that a rendering of the bridge was not included in KCI’s contract and that this

additional cost would be solely that of the Towns. KCI estimated the cost for a rendering to be

around $10,000 to $15,000. Mr. Nalley suggested that if the Board was still interested in this,

that staff be given the opportunity to call a few local engineering firms to determine what their

cost might be. By consensus, the Board asked Mr. Nalley to continue to research this matter.

The work for the Well A02 replacement project has been completed and the Public Works

Department will be monitoring the well to determine if the repairs have been successful.

There is no new information to report on the Town’s continued efforts to correct township

name and ZIP code inaccuracies in Montreat’s voter registration database.

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May 21, 2015

Book 13; Page 334

Mr. Nalley congratulated and thanked Mr. Stackhouse for his work in the Town receiving a Certificate for Excellence in Financial Reporting for the third year.

Mr. Nalley recognized Town Clerk Misty Gedlinske and announced that her last day with the Town will be May 22nd. Mr. Nalley thanked Misty for her ten years of service to the Town and wished her well in her future endeavors. The Town will begin the search for a new Town Clerk soon and that in the immediate future, the Town Clerk duties will be reassigned among existing staff.

Van Talmage has resigned from the Planning and Zoning Commission and a replacement is needed. Mr. Nalley reported that we have received one application and that this matter will be presented to the Board at their June meeting. Mr. Nalley also encouraged those interested in serving on the Commission to please apply by submitting an application to the Town.

Mike Brackett, who is responsible for cleaning the Town Services Building, will no longer be able to continue his service contract with the Town due to health reasons. Staff will begin searching for a replacement immediately.

Mr. Nalley congratulated David Currie on the successful completion of his Level III Building Inspector Certificates. Mr. Nalley reported that Mr. Currie is now eligible for a five percent salary increase in keeping with the Personnel Policy and with Mr. Currie’s employment agreement which awarded an increase based on successful completion of his Level I and Level II Certificates.

Mr. Nalley expressed his appreciation and thanks to Gus Currie and the Currie family for providing lunch to town staff on May 12th.

Administrative Reports

Police Chief: Chief Staggs was absent. Officer Whitson presented and reviewed the April 2015 monthly departmental activity report. Officer Whitson reported on the Weed Lane Fire in Ridgecrest and the Town’s public safety response to the fire. Master Patrol Officer Dave Arrant was thanked for his outstanding performance during the fire. Brief discussion was heard concerning the Town’s Ordinances prohibiting open burning. Recreational fires that are properly contained are allowed within the Town Limits, however the burning of leaves, brush, garbage and large bonfires are not allowed. Public Works Director: Mr. Freeman reported that sanitation collection will be Tuesday, May 26 due to the Memorial Day Holiday. Crews have completed the FEMA project on Oklahoma Terrace and are now working to complete the Well A02 project on Greybeard Trail. The street crew is completing the pothole patching and curbing damaged during the winter storms. C&T Paving is scheduled to begin paving Peace Lane, sections of Appalachian Way and John Knox Road, weather

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May 21, 2015

Book 13; Page 335

permitting. Upon a question from the audience, Mr. Freeman stated that Assembly Drive was closed earlier in the day in order to remove an oak tree that was threatening power lines. Mr. Freeman also responded to a question from Commissioner Campbell, explaining that for the small FEMA projects, the Town has already received the money for the repairs, while the large project on Greybeard Trail is a project in which the Town will be reimbursed after the repairs are made. Finance Officer: Mr. Stackhouse presented and reviewed the following monthly reports:

March 2015 Financial Summary Report;

Final March 2015 Financial Statement;

Preliminary April 2015 Financial Statement;

April 30, 2015 Cash and Investment Earnings Report. Building Inspector/Code Administrator: Mr. Currie presented and reviewed his monthly zoning and inspections activity report. Mr. Currie then summarized the history and background of the adoption of the Stormwater Ordinance and highlighted the stream buffer requirements that were required by the State and adopted as part of the Ordinance. Mr. Currie provided information on how the evaluation, classification and ranking of surface waters are completed. In response to a question at the last meeting from the Board, Mr. Currie discussed the Richardson lot on Greybeard Trail, showing a map of the buffer impact and evaluation of the stream buffer requirements on the lot. Commissioner Vinson confirmed with Mr. Currie that the stream buffer requirements will be discussed at the July Planning and Zoning Commission meeting. In response to a question from Commissioner Campbell, Mr. Currie stated that there was no charge to the property owner for the evaluation of their property by the Division of Water Quality. The Planning and Zoning Commission met to discuss revisions to Montreat General Ordinance Chapter I, Article II “Noise Control,” and will be sending their recommendations back to the Board of Commissioners in June for a public hearing scheduled in July. The Board of Adjustment did not meet during the past month and had no hearings pending at this time.

Public Comment – Agenda Items Commissioner McCaskill reiterated that this Public Comment period was intended for remarks pertaining to items listed on the meeting agenda, including staff reports and communications. Mr. Kent Smith of 513 Greybeard Trail stated that he has read the status report of the sanitation conversation and is pleased by it. He believes that having some solution on Saturday morning is very important. Mr. Smith also realizes that this has to be paid for somehow, and is concerned about the per bag fee and the requirement of having exact change. He also encouraged the Board to consider a solution for the holidays as well.

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May 21, 2015

Book 13; Page 336

Mr. Don Reid of 127 Shenandoah Terrace feels that no one on the Board of Commissioners likes the bridge and does not feel that the public does either. After reviewing the drawings, it seems that the bridge is 40 feet wide, 65 feet long and seven feet high with a retaining wall. Mr. Reid felt that the small changes discussed earlier in the meeting were not sufficient and does not address the real issues. Mr. Reid requested that the Town provide information on how much money has been spent on the project and whether it is possible to walk away from the project and build a walking bridge instead.

Old Business

A. Resolution Confirming Assessment Roll and Levying Assessments – Upper Kentucky Road Phase 1 Neighborhood Assessment Project: Mr. Nalley reported that Item A under Old Business will be deferred until the Board’s meeting and scheduled public hearing on June 11th.

B. Resolution Confirming Assessment Roll and Levying Assessments – Upper Kentucky Road Phase 1 Resident Assessment Project: Mr. Nalley reported that Item B under Old Business will be deferred until the Board’s meeting and scheduled public hearing on June 11th.

New Business

A. Sanitation Services Discussion: In 2006, Montreat began offering residential sanitation,

recycling and yard waste collection services as a Town-operated program. Household garbage and recyclables are collected year-round at curbside every Monday and bi-weekly on Mondays and Fridays from June through August. A Public Works Department employee drives an open bed sanitation collection truck, and First, Inc. provides contract laborers to assist in loading items onto the truck and then off-load them into the compactors and recycling containers located in the fenced facility behind the Town Services Office. This facility is also open to the public from 7 a.m. until 5 p.m. Monday through Thursday for household garbage, recycling and corrugated cardboard disposal. Special collection of bulk items, white goods, non-hazardous materials and excess yard waste is available for an additional fee. The Town’s compactor lease and hauling contract with Consolidated Waste Services is coming to an end, and the sanitation truck is scheduled for replacement in 2016. Staff feels this is an appropriate opportunity to give an evaluation of the current program, identify challenges, and make suggestions for improvements. Montreat residents seem pleased overall with the high level of sanitation collection service the Town currently provides. However, staff has noted that the process is labor-intensive, with disposed items being collected at curbside and off-loaded at the compactor facility by hand. Offering a second weekly pickup during the summer increases contract labor, fuel, and other related program costs. Large amounts of yard waste and brush often place a strain on weekly collection efforts. The compactor site is being used more often by residents as a convenience center, which creates public safety concerns as the site was not designed or intended for this type of use. Illegal dumping and other unauthorized

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May 21, 2015

Book 13; Page 337

use of the compactor site are continual problems. Increased education efforts are also needed for specific disposal topics including container rules, bear-proof container requirements, bulk item disposal and special collection services. In an effort to address these concerns, staff has considered several alternative service delivery methods:

Alternative One: Upgrade the current sanitation vehicle to a compactor truck at a cost of approximately $120,000. Existing Public Works Department employees would collect curbside garbage, recycling, and yard waste once per week year-round. Twice-weekly collection could continue during the summer months if a higher level of service is still desired during these periods. All trash and recycling would be taken directly from the Town to the Buncombe County landfill. The compactor site would be closed and all equipment removed, thus eliminating all container rental and haul fees for the Town. Alternative Two: Continue the current curbside collection services method and schedule, while permanently closing the compactor site to the public. Although changes to the dumpster facility’s operation hours have reduced illegal dumping and unauthorized compactor use to some degree, these problems still continue. This option may be unpopular with those residents and visitors who now use it as a convenience center, but will ensure that those who are paying for sanitation services through property taxes or collection contract fees are the only beneficiaries of the program. Site safety and liability concerns would also be eliminated by implementing this option. Alternative Three: Eliminate curbside collection and develop a safe, efficient convenience center for the disposal of household garbage and recyclables. Under this alternative, the Town would continue to offer back door service, bulk collections and special pickups for an additional fee. The collection center would be staffed and a system developed through either a per-use disposal fee or tag system that limits use of the facility to Montreat residents and visitors only. Alternative Four: Make no changes to the current sanitation collection system or schedule. Under this alternative, staff would recommend certain improvements to the compactor site in order to address safety and liability concerns. The Board should be aware that operational and personnel costs will continue to increase over time with this option, and that these costs are directly linked to the Town’s ad valorem tax rate. Staff feels that this option is only attractive if Montreat taxpayers are willing to accept future cost increases and continued use of the compactor facility by non-residents in exchange for their current high level of service.

Staff feels strongly that any decision to alter the current sanitation service delivery system should be made within the next six months. This will give ample time for public input, Board

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May 21, 2015

Book 13; Page 338

deliberation and additional research into the advantages, disadvantages, costs and savings associated with each alternative. At their annual Retreat, the Board had an opportunity to discuss these alternatives as well as several combinations of those alternatives. The Board agreed by consensus for Town staff to prepare a proposal to staff the dumpster facility so that it can remain open to the public on certain days of the week, and to fund the facility’s personnel and operational costs by charging a “pay as you throw” disposal fee. Mr. Nalley then summarized the details of the following proposal:

The Town will continue to collect garbage curbside following the existing schedule. The compactor site located behind the Town Services Office will be staffed and not accessible to the general public. The Town will staff the site Tuesday through Thursday from 1:00 p.m. to 5:00 p.m. from September through May and during June through August, from Tuesday through Friday from 1:00 p.m. to 5:00 p.m. and Saturdays from 7:00 a.m. until 12:00 p.m. The site will be operated in a “pay as you throw” manner, meaning that the site will be open to the public during those times, but residents and visitors will now pay for the use of the compactor site/convenience center through a per bag fee system. The suggested fee schedule is as follows: Bags smaller than a kitchen trash bag - $1.00 per bag; Kitchen trash bags (13 gallons) - $2.00 per bag; Recycling bags (all sizes) - $ 2.00 per bag; Bags larger than 13 gallons - $3.00 per bag and Cardboard will be based on estimated bag size. Staff does not expect the revenue generated from the fees to be sufficient to meet the annual costs of supporting the program. It is anticipated that the Town will see a reduction in the amount of garbage associated with illegal dumping, which in turn will reduce tipping fees and hauling costs. The site attendant will be a part-time employee placed under the supervision of the Public Works Director. The attendant will be responsible for managing the overall site, including collecting the bags from the resident or visitor, managing the fee payment and lock box, and disposing of the bags in the appropriate containers. Costs for initiating the program are estimated at $12,750.00 with $3,000 of that amount being one-time costs for start-up.

Mr. Nalley concluded by stating that the temporary service plan will address several of the more immediate concerns with the compactor site while allowing the Board to monitor the program during the summer to determine if it is sufficiently meeting the needs of the community. It will also allow the Board an opportunity to hold one Town Hall meeting focused on the Town’s sanitation program. The purpose of this meeting will be to discuss the sanitation program, the challenges of operating the program, and to receive feedback on what aspects of the existing program are most important to residents and visitors. With that

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information and any additional research, the Board will be in a position to review any alternative service delivery methods and made a final decision on potential changes to improve the overall program and meet the Town’s current program challenges. In response to a question from Commissioner Vinson, Mr. Nalley responded that CWS is Consolidated Waste Services and that they are contracted with by the Town for the lease, maintenance and hauling of the compactors to the landfill. Commissioner Campbell appreciated the development of the temporary plan and that it responds to concerns expressed in the community about Saturday service. Commissioner Campbell also felt that more education was needed about bear proof containers, especially for those who rent their homes. In response to a question from Commissioner Campbell, Mr. Nalley stated that staff will only keep records of the number of people that use the site and the number of bags that are disposed at the site. Discussion continued regarding the specific operation of the site, including attendant responsibilities, the need for exact change and payment envelopes, continued education efforts, security at the site, hesitancy of using volunteers at the site, and steps for implementation. Commissioner Helms commented that we live in a unique community and that the Town has created a level of service unknown to most other communities and that will be difficult to change. Commissioner Helms prefers to look at the pay as you throw system for a period of time and see how it goes. Mr. Nalley responded that staff has provided the Board with a temporary plan to make it through summer, when in about six months, tougher decisions will be necessary as longer term decisions are needed to be made about the service. Commissioner Campbell made a motion that the Town proceed with the temporary service plan as outlined by staff. Commissioner Vinson seconded the motion. During discussion, Mr. Freeman stated that he felt the plan could be implemented by June 13th. Commissioner Helms expressed his interest in finding a definitive time to end the temporary plan. Commissioner Vinson felt that following the same time period as biweekly collection would be sufficient time to review the plan and determine its effectiveness. This time period would also allow for the scheduling of a special meeting to discuss sanitation services. There being no further discussion, the motion passed 3/1 with Commissioner McCaskill voting against the motion. Commissioner Campbell requested that the Commissioners bring their calendars to the June meeting so that the Board could schedule a date for the special meeting on sanitation services.

B. Small-Scale Street Repaving Project Bid Award – C&T Paving, Inc.: Mr. Nalley reported that each year, the Town budgets a small amount of money to pave sections of road that have deteriorated and do not require replacement of utilities. The sections of road to be repaved include portions of Appalachian Way, Kentucky Road and Louisiana Road. Commissioner Helms moved to award the bid for the Small Section Paving Project to C&T Paving, Inc. in the amount of $24,000 and to authorize the Mayor and Town Administrator to execute the necessary contract document. Commissioner Campbell seconded and the motion carried 4/0.

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C. Well 2 Pump Replacement Contract Approval – Reuben Caldwell Drilling, Inc.: Mr. Freeman reported that earlier in the week, Well 2 failed and it was discovered that the pump motor needed replacing. The pump and piping was last replaced in 2001. Staff is recommending the replacement of the pump, motor, piping and wiring in order to help ensure the reliability of this well for many more years. In response to a question from Commissioner Vinson, Mr. Freeman stated that this was the oldest pump in the system and that the money was in the budget to replace the pump. Commissioner Helms moved to approve the proposed contract with Reuben Caldwell Drilling Inc. in an amount of $8,760 and to authorize the Mayor and Town Administrator to execute the necessary contract documents. Commissioner Vinson seconded and the motion carried 4/0.

D. Resolution #15-05-0001 Thanking Misty Gedlinske: Commissioner McCaskill read Resolution

#15-05-0001 Thanking Misty Gedlinske for her Service to the Town of Montreat. The Board thanked Mrs. Gedlinske for the professional, dedicated and conscientious manner in which she served the Town and wished her well in all her future endeavors. Commissioner McCaskill then presented Mrs. Gedlinske with a wooden gift box in appreciation for her years of service. Commissioner Campbell moved to adopt Resolution #15-05-0001. Commissioner Vinson seconded and the motion carried 4/0.

Public Comment – Other Topics

Commissioner McCaskill reiterated that this Public Comment period was intended for remarks pertaining to public business items not listed on the meeting agenda, including any reports or communications from other community entities. Lynn Gilliland representing the Montreat Conference Center presented a check in the amount of $7,083.20 to the Town for the final payment of the Community Service Fee. This brings the total for the Community Service Fee to $46,513.20 for the year. Mrs. Gilliland also stated that a portion of the fee goes to the Town of Black Mountain Fire Department and that their total for the year was $11,627.80. She then thanked the Town’s public safety and public works staff for all they do to keep Montreat safe. Mrs. Gilliland then stated that the new changes to the sanitation plan had been noted and that when they meet with conference leaders, they will advise them of those changes.

Commissioner Communications

Commissioner Campbell reported on the following items:

The Presbyterian Heritage Center experienced a roof leak this week, which has postponed the opening of the Japan Exhibit until next week. The Center will be closed until Saturday afternoon. Ron Vinson reported that a time capsule, dating from 1956, had been found near Freeland Hall. The capsule will be opened at a special event.

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The Montreat Landcare Committee met on May 6, 2015 to evaluate the Native Plant Sale and Arbor Day Celebration on May 2nd. In response to the vendors, the Committee has set April 30th as the date for the 2016 event. John Johnson, with the Montreat Hemlock Restoration Initiative, will share information about their project at the June 11th Board meeting. Rob Townley, the Buncombe County State Forest Ranger, will be at the July 2nd Board meeting to discuss their Fire Wise program. Commissioner Campbell thanked everyone who helped make the Native Plant Sale and Arbor Day Celebration such a success.

Commissioner Campbell then gave an update on several events taking place at Montreat College.

Commissioner Vinson stated that the Open Space Conservation Committee met this past week and is looking for new members who might be interested in serving. If interested, please complete the application that can be found on the Town’s website.

Upcoming Meeting Dates

Commissioner McCaskill reviewed the following list of upcoming meeting dates and deadlines. Town Services Office Closed: May 25, 2015

Memorial Day Holiday

Rescheduled Household Garbage and Recycling Collection Date:

Tuesday, May 26, 2015 Collection begins at 8:00 a.m.

Agenda Items Due: March 29, 2015, 5:00 p.m. Town Services Office

Agenda Packets Available: June 2, 2015 http://www.townofmontreat.org/

TownGovernment.php or Town Services Office

June Montreat Landcare Committee Meeting: June 3, 2015, 9:00 a.m. Kirk Allen Building, Swannanoa Room

June Agenda Meeting: June 4, 2015, 7:00 p.m. Walkup Building

June Town Council Meeting: June 11, 2015, 7:00 p.m. Walkup Building

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http://www.townofmontreat.org/TownGovernment.php



May 21, 2015

Book 13; Page 342

Special Meeting: 2015-2016 Fiscal Year Budget Adoption:

June 25, 2015 Location and Time TBA

Agenda Items Due: June 26, 2015, 5:00 p.m. Town Services Office

Adjournment

There being no further business, Commissioner Helms moved to adjourn the Meeting. Commissioner Campbell seconded. The motion carried 5/0 and the meeting was adjourned at 8:54 p.m.

Jack McCaskill, Commissioner Stefan B. Stackhouse, DeputyTown Clerk

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Town Council Agenda Meeting June 4, 2015

Walkup Building

Book 13; Page ____

Board members present: Mayor Letta Jean Taylor Mayor Pro Tem Mary Standaert Commissioner Martha Campbell Commissioner Tim Helms Commissioner Jack McCaskill Commissioner Ann Vinson

Town staff present: Ron Nalley, Town Administrator Stefan Stackhouse, Finance Officer & Deputy Town Clerk Jack Staggs, Chief of Police Steve Freeman, Public Works Director Barry Creasman, Senior Water Operator David Currie, Building Inspector/Code Administrator

Approximately 12 members of the public were also present. Mayor Taylor called the meeting to order at 7:00 p.m., led the group in reciting the Pledge of Allegiance and in prayer.

Agenda Approval Mayor Taylor welcomed everyone to the meeting. Commissioner Vinson requested to add discussion for the scheduling of a special meeting on sanitation issues under Upcoming Meeting Dates. Commissioner Campbell made a motion to approve the Agenda as amended. Commissioner Vinson seconded and the motion to approve the Agenda as amended carried 5/0.

Presentation to Council: Metropolitan Transportation Plan and the Montreat Hemlock Restoration Program

At next week’s meeting the Board will have two presentations. Tristan Winkler with the French Broad River Metropolitan Planning Organization will give a short presentation on the Metropolitan Transportation Plan. John Johnson will give a presentation on the Montreat Hemlock Restoration Program.

Public Hearings: Upper Kentucky Road Phase 1 Neighborhood Utility Preliminary Assessment Roll

Upper Kentucky Road Phase 1 Resident Utility Preliminary Assessment Roll Proposed 2015-2016 Fiscal Year Budget

The Board will hold three Public Hearings at the beginning of next week’s meeting in order to receive comments on the Upper Kentucky Road Phase 1 Neighborhood Utility Assessment

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Montreat Board of Commissioners Town Council Agenda Meeting Minutes

June 4, 2015

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Preliminary Assessment Roll, the Upper Kentucky Road Phase 1 Resident Utility Assessment Preliminary Assessment Roll, and the Proposed 2015-2016 Fiscal Year Budget.

Mayor’s Communications

Mayor Taylor reserved her communications until the regular meeting on June 11.

Consent Agenda Review The proposed Consent Agenda included the following items:

May 7, 2015 Town Council Agenda Meeting Minutes Adoption;

May 21, 2015 Special Board Meeting Minutes Adoption (materials pending);

Call for a Public Hearing on July 9, 2015 at 7:00 p.m. or as soon thereafter as possible to discuss

Proposed Revisions to Montreat General Ordinance, Chapter I, Article II – Noise Control;

Call for a Special Meeting on June 25, 2015 at 3:00 p.m. in the Town Services Office to adopt

the 2015-2016 Fiscal Year Budget Ordinance and make any necessary amendments to the

2014-2015 Fiscal Year Budget;

Adoption of Fiscal Year 2015-2016 Budget Amendment #5 to account for unanticipated salary

and benefit costs.


Budget Amendment #5 is necessitated by the unanticipated extra payroll costs due to the

departure of the Town Clerk and the payout of accrued leave, and due to the need for reserve

police officer coverage while Officer Blevins has been out on leave. In response to a question

from Commissioner Helms, Mr. Nalley stated that he hopes to fill the vacant Town Clerk

position early in the next fiscal year and that any unexpended funds accumulated during the

vacancy will be reallocated once their full extent is known.

Engineering and design work for the Texas Road bridge replacement project continues, and

preliminary plans at 75% are completed except for the hydrology portions of the plan.

Permission has been received from the North Carolina Department of Transportation to begin

any necessary right-of-way acquisition for the project. In a response to a question from

Commissioner McCaskill, Building Inspector and Code Administrator explained the process for

reviewing the floodway and floodplain study and certifications. In a response to a question

from Commissioner Helms, Mr. Nalley stated that KCI could complete a rendering at an

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additional cost due to it not being a part of the original contract. KCI estimated the cost for the

rendering to be $10,000. The Board asked Mr. Nalley to contact other local engineering or

design firms to determine the cost of a rendering.

Mr. Nalley reported that there is no new information to report on the Town’s continued efforts

to correct township name and zip code inaccuracies in Montreat’ voter registration database.

Mayor Pro Tem Standaert reported that for this upcoming election, the Buncombe County

Board of Elections has stated that in Montreat, the voter registration card will not match your

driver’s license address information.

The construction of a small building near the compactor site is nearly complete. There has

been mixed response from the public to changes proposed at the site. However, staff while

working at the site has observed a decrease in the amount of traffic from non-residents who

attempted to stop and dispose of trash. Commissioner Helms mentioned that Decatur,

Georgia uses special colored bags and asked staff to check into the possibility of their use. In

response to a question from Commissioner Campbell, Mr. Nalley said that there were now

local options for bear proof containers and that this information is available on the Town

website.

Mr. Nalley reported that he and Mr. Stackhouse will cover the Town Clerk duties until the vacancy is filled. Advertising for the Town Clerk position will occur over the next couple of weeks. Mr. Nalley also reported that he has been unable to find someone interested in the compactor site attendant position and encouraged the Board and those in the audience to contact him if they knew of anyone who might be interested.


The Board will hear administrative reports from the Police Chief, Public Works Director, Finance Officer and the Building Inspector/Code Administrator during next week’s Town Council meeting.

Public Comment – Agenda Items Mayor Taylor reiterated that this Public Comment period was intended for remarks pertaining to items listed on the meeting agenda, including staff reports and communications. There were no comments from the public at this time.

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Old Business

A. Resolution #15-06-01 Confirming Assessment Roll and Levying Assessments – Upper Kentucky Road Phase 1 Neighborhood Assessment Project: Mayor Taylor reported that a public hearing on this matter is scheduled for next week’s Town Council meeting.

B. Resolution #15-06-02 Confirming Assessment Roll and Levying Assessments – Upper Kentucky Road Phase 1 Resident Assessment Project: Mayor Taylor reported that a public hearing on this matter is scheduled for next week’s Town Council meeting. Mayor Pro Tem Standaert questioned the difference in the number of lots owned by the Eckards when comparing the neighborhood assessment to the residential assessment. Mr. Nalley responded that he will need to review this and report back to the Board at their next meeting.

New Business

A. Employee Health Insurance Benefit Contract Renewal: Mr. Stackhouse reported that the Town

was waiting on an additional quote from the North Carolina League of Municipalities. While unlikely that the League quote will be competitive, staff feels it is important to receive this information prior to a recommendation to the Board at next week’s meeting.

B. Property and Liability Insurance Renewal: The Board will consider approval of the Property and Liability Insurance renewal proposal from the North Carolina Interlocal Risk Management Agency and Millennium in the amount of $20,713.

C. Planning and Zoning Membership Appointment: The Board will consider the appointment of Anne Seaman as a regular member of the Planning and Zoning Commission for a three-year term to expire on January 31, 2018.

D. Copier Replacement: The Board will consider approval of the procurement of a Xerox 7855PT with Professional Finisher from Morris Business Solutions for $7,714.


Mayor Taylor reiterated that this Public Comment period was intended for remarks pertaining to public business items not listed on the meeting agenda, including any reports or communications from other community entities. Lynn Gilliland, Vice President of Development with the Montreat Conference Center invited the public to attend the installation service of Richard Dubose as the new Conference Center President on June 7th in Upper Anderson Auditorium with a reception beginning at 9:30 a.m.

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There were no Commissioner Communications at this time.


Mayor Taylor reviewed the following list of upcoming meeting dates and deadlines. During discussion, the Board scheduled a special meeting for review of the proposed Fiscal Year 2015-2016 Budget for Thursday, June 18th at 3:00 p.m. at the Town Services Building, and to schedule the special meeting for the 2015-2016 Budget Adoption for 3:00 p.m. on June 25th. Discussion was also held on holding a special meeting in August to talk about sanitation services and to review the new policies and procedures at the compactor site. Mayor Pro Tem Standaert suggested mid-August while most residents were still in Montreat. Commissioner Vinson expressed her wish to have several months of sanitation data available for this discussion. Mr. Nalley stated that the sanitation totals will not be available before late August or early September. Both Mayor Pro Tem Standaert and Commissioner Vinson indicated that late August would be better because input from the residents is needed before summer is over. In response to a question from Mayor Pro Tem Standaert, Mr. Freeman indicated that monthly statistics on tonnage would be available at the end of each month. Mayor Taylor stated that the Board can schedule this special open meeting on sanitation issues at the July regular meeting. June Town Council Meeting June 11, 2015, 7:00 p.m.

Walkup Building

Special Meeting: 2015-2016 Budget Review June 18, 2015, 3:00 p.m. Town Services Building

Special Meeting: 2015-2016 Budget Adoption June 25, 2015, 3:00 p.m. Town Services Building



July Agenda Meeting: July 2, 2015, 7:00 p.m. Walkup Building

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Town Services Office Closure: July 3, 2015 Independence Day Holiday

*There will be sanitation collection on this date*

4th of July Parade: July 4, 2015, 10:00 a.m.

July Town Council Meeting: July 9, 2015, 7:00 p.m. Walkup Building

July Planning and Zoning Commission Meeting July 16, 2015, 7:00 p.m. Walkup Building

Closed Session

Commissioner Vinson moved to enter into Closed Session in accordance with North Carolina General Statute §143-318.11(3) for attorney consultation regarding the Civil Action: Carolyn Zoe Crowder, John L. Currie, Nancy B. Thomas, Henry W. Darden, Jr., and wife, Carolyn V. Darden, Plaintiffs, versus the Town of Montreat, Defendant. Mayor Pro Tem Standaert seconded and the motion carried 5/0. Upon a motion by Commissioner Helms and a second by Commissioner Vinson with the motion carrying 5/0, the Board returned to Open Session. No action was taken during the Closed Session.

Adjournment Upon returning to open session, Commissioner Helms moved to adjourn the Agenda Meeting. Mayor Pro Tem Standaert seconded and the motion carried 5/0. The meeting was adjourned at 8:26 p.m.

Letta Jean Taylor, Mayor Stefan Stackhouse, Deputy Town Clerk

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Board members absent: Commissioner Jack McCaskill Town staff present: Ron Nalley, Town Administrator

Stefan Stackhouse, Finance Officer & Deputy Town Clerk Steve Freeman, Public Works Director Barry Creasman, Senior Water Operator David Currie, Building Inspector/Code Administrator David Arrant, Police Officer

Approximately 50 members of the public were also present. Mayor Taylor called the meeting to order at 7:00 p.m., led the group in reciting the Pledge of Allegiance, and gave the invocation. Mayor Pro Tem Standaert recognized the presence of Buncombe County Commissioner Brownie Newman.

Agenda Approval Mayor Taylor requested the following amendments to the published agenda:

Presentations to Council – Add Brownie Newman’s name to the Montreat Hemlock Restoration Program Presentation;

Public Hearings – Cancel and Reschedule Public Hearing B for Upper Kentucky Road Phase I Neighborhood Utility Assessment Preliminary Assessment Roll;

Administrative Reports - Swearing in of Finance Officer Stefan Stackhouse as Deputy Town Clerk;

Old Business, Item B - Replacement of Resolution #15-06-02 with a revised Resolution; and

Closed Session – Add a Closed Session for attorney consultation in accordance with North Carolina General Statute §143-318.11(3) at the special meeting scheduled for June 18, 2015.

Mayor Taylor asked that the agenda be amended to reflect these changes. Commissioner Vinson moved to adopt the meeting Agenda as amended. Mayor Pro Tem Standaert seconded the motion and the motion carried 4/0.

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Presentation to Council: Montreat Hemlock Restoration Program John Johnson presented the Montreat Hemlock Restoration Program. The Hemlock Wooly Adelgid was introduced into North America in 1951 and has spread rapidly, with the devastating result that now eighty to ninety percent of native hemlocks in the Appalachians are now dead. A chemical treatment is available for residential landscape trees, but is too extensive to be applied to entire forests. An alternative and promising natural control over wider areas is the introduction of a native beetle, the Laricobius nigrinus “Lari” beetle, which can kill up to eighty percent of Adelgid eggs. It takes about three years before a significant impact becomes evident. Montreat is being invited to participate in the Hemlock Restoration Program. The cost for each beetle is five dollars and the total cost to treat Montreat would be around the $12,000 to $13,000 range. Mr. Johnson hopes that through private donations and through donations from the major institutions in Montreat that the program could raise an equal amount to be spent on both chemical treatments and the native beetle treatment. The Buncombe County Commissioners have committed $25,000 for the purchase of beetles in Buncombe County and Mr. Johnson is hopeful that a small portion of these funds will be spent in Montreat. Montreat has a unique opportunity to participate in a successful program to help preserve the Hemlocks in the Montreat valley for future generations. Buncombe County Commissioner Brownie Newman stated that there is increasing awareness of and concern about this issue. The beetle strategy seems promising. The Federal government is doing what they can with their land, but others need to do their part. The Buncombe County Commissioners is hoping to do what they can do on local public properties by introducing these beetles to restore the ecological balance, but their funding needs to be leveraged with other sources in order to have a greater impact.

Public Hearing: Upper Kentucky Road Phase 1 Neighborhood Utility Assessment Preliminary Assessment Roll

Mr. Nalley explained that this project began a couple of years ago. The Town finances up front, the extension of public utilities to an area, then those that benefit from the extension repay the Town through tax assessments. The Upper Kentucky Road area was the first to take advantage of this policy and the public hearing is for the Neighborhood Utility Assessment, which will extend public water and sewer to over twenty lots in that area. The Neighborhood Resident Assessment is being deferred until July. Mayor Taylor opened the hearing for public comments. There were no public comments. Mayor Pro Tem Standaert asked if the assessment conveys if the lot is sold. Mr. Nalley stated that he was not sure if the original property owner was required to pay all outstanding assessments when ownership was transferred, or if the assessment transfers to the new owner, but he is sure that there would be a lien on the property until the assessment has been paid in full. Mayor Taylor then closed the hearing.

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Public Hearing: Fiscal Year 2015-2016 Proposed Budget Mr. Nalley gave a brief presentation of the proposed 2015-2016 Fiscal Year Budget in the amount of $2,921,950. The recommended tax rate needed to fund this budget is $0.41 per $100 of property valuation, which remains unchanged from the current fiscal year. Each penny of the property tax rate generates $23,220 in revenues for the Town. A Fund Balance appropriation of $324,950 will be required. Significant factors influencing this Budget are the funding of capital projects as identified in the Capital Improvements Plan, fuel and utility cost increases, employee benefit costs, as well as current State and national economic conditions. The Budget proposes a 2% cost of living salary increase for all employees except the Town Administrator. Health insurance costs are projected to increase by 10% from the current fiscal year. A 5% 401(k) Plan contribution is continued for all employees, and the Budget recommends a part-time position for staffing the compactor site. General Fund operating revenues are budgeted at $2,566,050, a decrease of approximately 5.2%, or $139,897 from the current year. Real, Personal and Public Utility Property Valuations increased by less than one half percent, while Motor Vehicle Valuations decreased by 31%. There is no projected growth in Sales Tax and no projected growth in State Shared Revenues. Ad Valorem Taxes in the amount of $964,900 is the largest revenue, accounting for 37.6% of the budget. Categorical expenditures in the General Fund are 48% for Capital Outlay, 36% for Personnel Costs and 16% for Operating Expenses. Major projects and expenditures include: Governing Body

Legal and Audit Services - $79,700

Comprehensive Plan Update (One-Half of Cost) - $33,500

Communication Services - $5,000

Administration

Tax Collection Fees - $19,500

Public Buildings

Utilities, Insurance and Maintenance/Repairs - $47,300

Architectural Design Services and First Payment of Construction for Town Hall - $97,650

Police

Dispatching Services - $19,200

Public Works

Tree Replacement Program and Storm Water Feature Upgrades - $5,500

Lookout Road Utility Study - $8,300

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Streets

Street Lighting - $23,500

Tree Removal Services and Contract Labor - $16,000

Texas Road Paving and Stormwater Improvements Project - $194,000

Texas Road Bridge Replacement Project - $875,000 (Reimbursed 80% through the North Carolina Municipal Bridge Program)

Truck Replacement - $45,000

Powell Bill

Small Paving Projects - $24,000

Assembly Drive Road restriping - $12,500 Sanitation

Part-time staffing for compactor site - $12,500

In-House Sanitation Services - $109,300

Environment and Recreation

Montreat Landcare Committee Funding $1,000

Native Plant Garden $2,500

Replenishing of the Open Space Conservation Fund

Water Fund operation revenues are budgeted at $355,600, a decrease of $183,400, or 34% from the current fiscal year. Water rates are proposed to remain at $4.83 per 1,000 gallons of usage. This budget anticipates an appropriation of $23,100 from Retained Earnings. Major Water Fund expenditures include:

Texas Road Water Line Replacement Project - $55,000

Greybeard Trail Water Storage Facility (initial payment) - $55,000

Portable Generator project - $5,000

Debt Service Payments - $84,200

Indirect Cost Reimbursements to General Fund - $76,400

The proposed Budget is on file at the Town Services Office. The Board will review the document over the coming weeks and may set Special Meetings for additional Budget discussion at their discretion. Adoption of the final Budget Ordinance is scheduled for June 25, and the adopted Budget Document will be available on the Town’s website.

Mayor Taylor then opened the public hearing on this matter at 7:40 p.m. Mr. Bill Straughan, 122 Eastminster Terrace, asked how much of the general fund budget was

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funded by an appropriation from fund balance, and how much was in the fund balance. Mr. Nalley replied that about $1.7 million was in the general fund balance, and that an appropriation of approximately $324,000 from fund balance was being proposed. Mayor Taylor noted that the state requires that a fund balance equal to 8% of budgeted expenditures be maintained, while the Town has a policy requiring 35%. Mayor Taylor then declared the public hearing closed at 7:42 p.m.

Mayor’s Communications Mayor Taylor expressed her appreciation to Mr. Nalley for the work in preparation for the budget hearing.


With the adoption of the Consent Agenda, the Board approved the following items: A. Adopt May 7, 2015, Agenda Meeting Minutes; B. Call for a Public Hearing on July 9, 2015 at 7:00 p.m. or as soon thereafter as possible to discuss Proposed Revisions to Montreat General Ordinance, Chapter I, Article II – Noise Control;

C. Schedule a special meeting on June 18, 2015 at 3:00 p.m. in the Town Services Office to review the 2015-2016 Fiscal Year Budget and to hold a Closed Session for attorney consultation in accordance with North Carolina General Statute §143-318.11(3);

D. Schedule a special meeting on June 25, 2015 at 3:00 p.m. in the Town Services Office to adopt the 2015-2016 Fiscal Year Budget Ordinance and make any necessary amendments to the 2014-2015 Fiscal Year Budget; E. Approve Fiscal Year 2014-2015 Budget Amendment #5 to account for unanticipated salary and benefit costs.


Engineering work for the Texas Road Bridge project is about 75% complete and the Town is

waiting on the hydrology portion of the plan. The Right of Way review is starting and will include the Town and Montreat Conference Center. At their last meeting, the Board asked staff to determine what a rendering might cost for the bridge project. The initial cost provided by KCI was estimated at $10,000. McGill Associates stated that their cost would be around $3,500 and would take approximately three to four weeks to complete. Sitework Studios, suggested by Commissioner Helms, stated that a rendering would cost $2,500 and take about two to

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three weeks to complete. None of the costs quoted included presentations or meeting time, but included only one drawing from one view. The rendering will be an additional cost to the project.

Commissioner Helms stated that he would prefer to stop all spending on the project until multiple renderings were available for everyone to see, in order to decide if this is what the community and Board really want the bridge to look like. Commissioner Helms then made a motion to stop all work on the Texas Road Bridge except for the renderings until the Board can see that. This motion was seconded by Commissioner Campbell.

Commissioner Campbell then made a motion to amend the motion on the floor to get a rendering, but not to stop all other work. This amendment to the motion was seconded by Commissioner Vinson. In discussion, Mr. Nalley pointed out that work was well underway on a decision that was made over a year ago with plenty of time for public input, and at that time, the Board and the community were in favor of replacing the bridge in the current location. Commissioner Helms noted that this is the Town’s bridge and that the Board should get to decide what to do. Commissioner Helms felt that there were no renderings available for the 2013 hearing and vote of approval, and that we should reconsider before proceeding with something the Town will regret. Mayor Pro Tem Standaert reviewed the history of the Texas Road Bridge process, noted that there would have been objections to and problems with the alternative Tennessee Road site, and that the Board has no say over hydraulics and FEMA requirements. Mayor Pro Tem Standaert questioned whether this motion should not have first been added to the agenda, or be considered on the July meeting agenda. Mayor Taylor then called for a vote on the amendment, which passed 3/1 with Commissioner Helms voting against the amended motion.

Mayor Pro Tem Standaert then moved to amend the motion on the floor to require two renderings, including a retaining wall rendering and a berm rendering, not to exceed $5,000 in total cost. This motion was seconded by Commissioner Campbell, and was approved by a vote of 3/1 with Commissioner Helms voting against the motion.

Mayor Taylor then called for a vote on the amended motion to ask for two renderings of the bridge from Sitework Studios, one with a retaining wall and one with a berm, for a price not to exceed $5,000. The amended motion passed 3/1 with Commissioner Helms voting against the motion.

In response to a question from Commissioner Vinson, Mr. Nalley confirmed that the Texas Road bridge had been part of our evacuation plans for the fire and is needed for that type of contingency. Officer Arrant indicated that the bridge was a good alternative route, especially when the area around Lake Susan is crowded with visitors or in high security situations, and would have been helpful during the Assembly Drive repaving project. Mayor Pro Tem Standaert then reiterated that the bridge was certainly needed for safety reasons.

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Work on Well A02 is near completion and reimbursements to FEMA will soon be submitted.

Mr. Nalley reported that there is no new information to report on the Town’s continued efforts to correct township name and zip code inaccuracies in Montreat’ voter registration database. Mayor Pro Tem Standaert reported that for this upcoming election, the Buncombe County Board of Elections has stated that in Montreat, the voter registration card will not match your driver’s license address information.

The new procedure for the compactor site was implemented on June 9th. As a reminder, there is no change to the ongoing curbside service. Mr. Nalley also assured that this changed procedure was not directed against the Montreat Conference Center. When the Conference Center terminated the sanitation contract with the Town two years ago, staff expected a decrease in tonnage, but it increased, very likely due to illegal dumping and unauthorized use at the site. Closing on Friday and Saturday did prove to help with this. Mr. Nalley pointed out that tax dollars pay for curbside pickup, and not for a convenience center serving all of eastern Buncombe County. In the first week of the new policy, the Town has already saved one haul and brought in $150 in revenue. The new system is temporary and will be reviewed at the end of the summer along with all the sanitation service delivery methods.

The Town Clerk position advertisement is included in the Board’s agenda packet and Mr. Nalley requested that if Board members have suggestions for revisions to please contact him. Mr. Nalley would like to begin advertising for the position in the Asheville Citizen Times, League Letter and Southern City. The Town has received one application for the sanitation site attendant position, and that following a local advertisement, it is hopeful that the position can be filled quickly.


Police Chief: Officer Arrant presented and reviewed the May 2015 monthly departmental activity report. There were 504 Town, 174 MRA, and 9 College service calls. Gus Currie was thanked for providing lunch to Town staff on May 11th. Montreat officers participated in the Governor’s Highway Safety in Black Mountain on May 16th, 20th, and 23rd. Commissioner Campbell thanked the police department for the evidence of community policing in Montreat. Public Works Director: Mr. Freeman reported on the following items:

Sanitation: Curbside pickup is now on a Monday and Friday schedule, with pickup starting at 8:00 a.m. The new compactor site facility hours are Tuesday through Thursday, 1:00 – 5:00 p.m. year round. From June through August it will also be open on Fridays from 1:00 – 5:00 p.m., and on Saturdays from 7:00 a.m. to 12:00 noon. The bulk item and white goods pick up date will be Tuesday, July 7th.

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Streets: Peace Lane and small sections of Upper Kentucky, Appalachian Way, and Louisiana Road at Harmony are prepped and ready to be paved with paving to be begin within the week, weather permitting.

Water: Crews have replaced the pump in Well 2 and it is now back on line. A water leak on Maryland Place was reported and repaired within four hours on Sunday, June 7th.

Finance Officer: Mr. Stackhouse presented and reviewed the following monthly reports:

April 2015 Financial Summary Report;

Final April 2015 Financial Statement;

Preliminary May 2015 Financial Statement;

May 31, 2015 Cash and Investment Earnings Report. Mayor Taylor then conducted the swearing-in of Mr. Stackhouse as the Deputy Town Clerk for the Town of Montreat.

Building Inspector/Code Administrator: Mr. Currie reviewed his monthly report and reported that the Planning and Zoning Commission held a special meeting in May to further consider specific provisions of Montreat General Ordinance, Chapter I, Article II - Noise Control, which is currently under review by the town attorney. The proposed revisions are to be the subject of a Public Hearing at the July 9th Town Council meeting. The Board of Adjustment did not meet in May. Mayor Pro Standaert requested an update on the status of construction at the home site along Texas Road Spur. Mr. Currie explained that engineered retaining walls were installed to stabilize the slope and the unfinished house still does not have a general contractor associated with the project to continue work.

Public Comment – Agenda Items Mayor Taylor opened the Public Comment period for remarks pertaining to items listed on the meeting agenda, including staff reports and communications.

Mary Brueggemann of 439 Kentucky Road stated that she is 80 years old with arthritis, no back door, and that the only way for her to deal with garbage is to take it to the convenience center, otherwise the crows get it. She can’t use the curbside collection unless she invests in an expensive container. Friends are taking her garbage other places and will not pay $2 per bag when paying close to $4,000 in taxes.

Lynn Gilliland, representing the MRA, read and submitted to the Board a letter from

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Richard DuBose, President of the MRA, stating the position of the MRA with regard to the Texas Road Bridge. The MRA does not support any alternative that would cause any further negative impact on Welch Field and that the prior statement does not constitute endorsement of the present design.

Tom Frist of 98 Frist Road stated that parks and trails in Montreat are open to out-of-town people, so why should the compactor site be opened to those outside of Montreat? As for the Texas Road Bridge, he noted that the cost estimate is now up to $875,000, and questioned whether it was really needed for safety as other routes were available.

Mike Sonnenberg of 125 Virginia Road suggested that bamboo poles and tape could be used to mark the outline of the proposed bridge, saving the Town $5,000 on the cost of renderings. A much bigger safety issue is that there is only one real exit out of the entire town.

Bill Straughan of 122 Eastminster Terrace stated that the MRA is essential for the character of Montreat, and the current state of affairs is deeply troubling. He proposed that we call on our highest selves, and let the voters, the only group that can solve the Town’s problems, cast their votes in the upcoming election.

Erskine Clark of 558 Providence Terrace spoke in favor of procuring a rendering, and expressed concern that it will make no difference to spending commitments that have already been made. If we don’t like the rendering, what then? Why not pause until we know what the bridge looks like and will cost? He believes that the 75% completion point is a critical moment, and that prudence suggests caution.

Don Reid of 127 Shenandoah Terrace states that the bridge project is a debacle, and that the Board was to blame and not the public due to their failure to do due diligence. He questioned why the site was changed from Tennessee Road to Texas Road, overriding a previous decision and the advice of the Mayor, Commissioner McCaskill and Town Administrator. Mr. Reid asked how much had been spent subject to the 80:20 split, the entire cost for the project, and the remaining obligation if the project is stopped now. He suggested that the Town’s options should be to either change back to the Tennessee Road site or to drop the project entirely.

Nan Clark of 558 Providence Terrace questioned the need for the Texas Road bridge and suggested that perhaps just a walking bridge was needed. Stopping in the middle of the project is difficult, but it is something the Board could choose to do.

Claire Frist of 98 Frist Road questioned the three-minute cutoff rule for public comment and feels that the Board needs more time to hear from the community.

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Jacqueline Clark of 447 Kentucky Road expressed her appreciation that the Board will obtain the rendering, but requested that the Board reconsider the project when done.

The Mayor then closed public comment.

Old Business

A. Confirming Assessment Roll and Levying Assessments – Upper Kentucky Road Phase 1 Neighborhood Assessment Project: Mayor Pro Tem Mary Standaert made a motion to adopt Resolution #15-06-01 Confirming Assessment Roll and Levying Assessments – Upper Kentucky Road Phase 1 Neighborhood Assessment Project. Commissioner Vinson seconded and the motion carried 4/0.

B. Declaring Cost, Ordering Preparation of Preliminary Assessment Roll and Setting Public Hearing

– Upper Kentucky Road Phase 1 Resident Assessment Project: Mr. Nalley reported that due to an error in calculating the Preliminary Assessment Roll for this project, it was necessary to adopt a new Resolution for the project and readvertise for the public hearing. Mayor Pro Tem Standaert made a motion to adopt Resolution #15-06-02 Declaring Cost, Ordering Preparation of Preliminary Assessment Roll and Setting Public Hearing for the Upper Kentucky Road Phase 1 Resident Utility Assessment Project. Commissioner Vinson seconded and the motion carried 4/0.

New Business

A. Employee Health Insurance Benefit Contract Renewal: Mr. Nalley reviewed the health

insurance options available to the Town for the upcoming fiscal year. A renewal without changes would increase the Town’s cost for the next fiscal year by around twenty percent. If the Board does not want the Town to absorb this additional cost, then this could be lowered to a ten percent increase by shifting significant costs to the employees in the form of higher deductibles and co-pays. The staff is looking to the Board for guidance. In discussion, Mr. Nalley and Mayor Taylor noted that when the deductible was raised several years ago, the Town implemented a 50:50 cost sharing policy, with the Town covering the second half of the deductible. Commissioner Vinson noted that the proposed Blue Cross Blue Shield Gold plan was much better for our employees for only a couple of thousand dollars more than what the renewal would be. Mr. Nalley noted that some of the Town employees are living paycheck-to-paycheck, and copays are very difficult for them. In response to a question from Commissioner Helms regarding the Town’s recent experience, Mr. Stackhouse stated that we have had one employee out for a substantial amount of time this fiscal year, however our health insurance premium actually declined three percent the previous year. Annual increases of around ten percent have been the norm. Mr. Nalley stated that only a ten percent increase is presently budgeted, and that either the renewal of the present plan or the Gold plan would require

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additional funding. Commissioner Vinson moved to authorize the Town Administrator and Finance Officer to renew the Town’s health insurance contract with BlueCross BlueShield Gold Plan effective July 1, 2015 for employee benefit health insurance for Fiscal Year 2015-2016 and for the Town to reimburse employees for the last half of the employee-only deductible. Commissioner Campbell seconded and the motion carried 4/0.

B. Property and Liability Insurance Renewal: North Carolina Interlocal Risk Management Agency

(NCIMA): Commissioner Campbell moved to approve the Property and Liability Insurance renewal proposal from the North Carolina Interlocal Risk Management Agency and Millennium in the amount of $20,713 and to authorize the Town Administrator and Finance Officer to execute the necessary contract documents. Commissioner Vinson seconded and the motion carried 4/0.

C. Planning and Zoning Membership Appointment: Mayor Pro Tem Standaert moved to appoint

Anne Seaman as a regular member of the Planning and Zoning Commission for a three-year term to expire on January 31, 2018. Commissioner Vinson seconded and the motion carried 4/0.

D. Copier Replacement: Commissioner Vinson moved to approve the procurement of a Xerox

7855PT with Professional Finisher from Morris Business Solutions for $7,714 and authorize the Finance Officer to execute the necessary documents. Mayor Pro Tem Standaert seconded and the motion carried 4/0.


Mayor Taylor opened the Public Comment period for remarks pertaining to public business items not listed on the meeting agenda, including any reports or communications from other community entities.

Mike Sonnenberg of 125 Virginia Terrace noted that Mr. Stackhouse is having to pay his own legal fees as a consequence of being personally named in the lawsuit against the Town with regard to the Town Hall project. He advocated that people pledge contributions to a legal defense fund.


Commissioner Vinson thanked the MRA maintenance staff for recent pruning work done on winter-damaged shrubs at Pratt Park. Mayor Pro Tem Standaert reported that Margo Smith had resigned from her leadership position with the Montreat Cottagers and that the almanac produced by Kent Smith is now available in print form for $5.00.

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Commissioner Campbell reported that the Landcare committee met on June 2nd, and is working on a Tree City USA application. US Forest Service ranger Rob Townley is being invited to the July 2nd agenda meeting to discuss the fighting of the Weed Lane wildfire in Ridgecrest and about a Fire Wise community program . There is a new native plant garden being developed by Carlisle Rankin between the Chapel of the Prodigal and the Morgan Science building. Commissioner Campbell noted that there is a display of Japanese kimonos at the Presbyterian Heritage Center. Newly accepted students will be visiting Montreat College on June 19th and noted that the college has reached an agreement with Clearwater Christian College to accept their students, which is closing. She also recognized a STEM workshop at the college, and the creation of a new preaching and evangelism concentration which is a joint project between the college and the Billy Graham Evangelistic Association. Commissioner Campbell also noted that Dr. Greg Kerr has been appointed as the new Academic Dean of the college, and that Joe Kirkland is becoming Counselor to the President. In response to a question from Commissioner Campbell, Mr. Freeman stated that the cost of back door pickup, is $95 for seasonal service and $175 annually. Mr. Helms had no report


Mayor Taylor reviewed the following list of upcoming meeting dates and deadlines:

Special Meeting: 2015-2016 Fiscal Year Budget Meeting

June 18, 2015, 3:00 p.m. Town Services Office

Special Meeting: 2015-2016 Fiscal Year Budget Adoption


Agenda Items Due: June 26, 2015, 5:00 p.m. Town Services Office



July Agenda Meeting: July 2, 2015, 7:00 p.m. Walkup Building

Town Services Office Closure: July 3, 2015 Independence Day Holiday

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June 11, 2015

Book 13; Page ###

There will be sanitation collection on this date

Montreat Gait at the Montreat Gate: July 4, 2015, 7:00 a.m.

4th of July Parade: July 4, 2015, 10:00 a.m.

July Town Council Meeting:

July 9, 2015, 7:00 p.m. Walkup Building

July Planning and Zoning Commission Meeting:

July 16, 2015, 7:00 p.m. Walkup Building

Special Meeting: 2015-2016 Fiscal Year Budget Meeting


Adjournment

There being no further items of business to discuss, Commissioner Vinson moved to adjourn the Town Council Meeting. Commissioner Campbell seconded. The motion carried 4/0 and the meeting was adjourned at 9:32 p.m.


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Town Council Special Meeting June 18, 2015


Book ##; Page


Board members absent: None Town staff present: Ron Nalley, Town Administrator

Stefan Stackhouse, Finance Officer and Deputy Town Clerk David Currie, Code Enforcement Officer Steve Freeman, Public Works Director Jack Staggs, Chief of Police

Three members of the public were also present. Mayor Taylor called the meeting to order at 3:00 p.m. and opened with prayer.

Agenda Approval Mayor Taylor announced that there were two items that were requested to be added to the agenda:

Adoption of Resolution #15-06-03 From the Town of Montreat Requesting the Local Delegation of the North Carolina General Assembly Oppose Proposed Legislation that Alters the Collection and Distribution of Sales Tax Generated by Local Government. Commissioner Vinson moved that Resolution #15-06-03 be added to the Agenda. Commissioner Campbell seconded and the motion was approved 5/0.

Action to Rescind the Board action of June 11, 2015, to obtain a rendering for the Texas Road Bridge Project. Commissioner Vinson moved that this item be added to the Agenda. Mayor Pro Tem Standaert seconded and the motion was approved 5/0.

Commissioner Vinson moved to adopt the meeting agenda as amended. Commissioner Campbell seconded and the motion carried 5/0.

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Montreat Board of Commissioners Town Council Special Meeting Minutes

June 18, 2015

Book ##; Page

Board Action Items A. Adoption of Resolution #15-06-03 Requesting the Local Delegation of the North Carolina

General Assembly Oppose Proposed Legislation that Alters the Collection and Distribution of Sales Tax Generated by Local Government: Mayor Taylor stated that adoption of this resolution was critical, as there would be a meeting of the local delegation on Friday, June 19th. The passage of the proposed legislation threatens an estimated $43,000 annually in sales tax revenue from Montreat. Mayor Pro Tem Standaert made a motion to adopt Resolution #15-06-03. Commissioner Helms seconded and the motion was approved 5/0.

B. Rescind Board Action of June 11, 2015 to Obtain a Rendering for the Texas Road Bridge

Project: Mayor Pro Tem Standaert explained that when this action had been considered by the Board at its June 11th meeting, it was not known that Sitework Studios had been engaged by opponents to the proposed Town Hall project. Commissioner Helms apologized and said he had not known this when he recommended them to the Board. Commissioner McCaskill stated that a rendering, although not a very good one, had been prepared by KCI, engineers for the project. Commissioner Helms commented that the motion is only to rescind obtaining renderings from Sitework Studios and that he preferred some sort of rendering. Mayor Pro Tem Standaert made a motion to rescind the vote of June 11, 2015 to have Sitework Studios move forward with renderings of up to $5,000 for the Texas Road Bridge Project. Commissioner McCaskill seconded and the motion passed 4/1 with Commissioner Helms voting in opposition to the motion.

C. Proposed 2015-2016 Fiscal Year Budget Review and Discussion: The Board thanked Mr.

Nalley for the Budget material and asked him to review the revenue highlights of the proposed budget. Mr. Nalley stated that two factors should be considered when discussing revenues for the upcoming fiscal year. First, when thinking about the Town’s ad valorem tax rate, State revenues are stagnant or declining leaving very few new revenue sources. Backing out large capital projects, the Board will still face a need in the near future of new revenue sources or reductions in program expenditures. Presently, these differences can be made up from fund balance appropriations. Second, if pending legislation passes the General Assembly, our local Sales Tax distribution will decline over the next four years to the point where two additional cents will have to be added to our ad-valorem property tax rate to make up the difference. Both these issues will require early planning by the Board to offset a large ad valorem tax increase. Mayor Pro Tem Standaert inquired about the prospects of increasing our Payment in Lieu of Taxes (PILOT) program revenues, and how the Town can communicate need and mutual benefit to the not-for-profit institutions in Montreat. Discussion followed on how best to proceed and to approach the new leadership with these institutions. Commissioner Campbell agreed to work with Mayor Taylor and Mr. Stackhouse on this issue.

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June 18, 2015

Book ##; Page

Mr. Nalley reported that no changes are being proposed to the fee schedule for next year. Few of these fees alone raise much money. Mayor Pro Tem Standaert noted that the Town has little control over most revenues, with PILOT program revenues being the one big opportunity. Commissioner McCaskill asked about the possibility of generating revenues from a stormwater utility. Mr. Stackhouse stated that staff’s previous analysis suggested a maximum potential of maybe $20,000 to $40,000 thousand per year, depending upon how the utility is structured. Commissioner Helms asked about the impact of new home construction on our property tax revenues. Mr. Nalley indicated that at current rates we might see two to three new homes built each year. At this rate, it would take several years of construction to add property tax revenues equivalent to a one cent tax rate increase. Commissioner Campbell noted that the general fund balance has been declining in recent years and that while still healthy, it is a concerning trend. Mayor Pro Tem Standaert stated that this was a deliberate Board decision based on the recent capital expenditures planned by the Council. Commissioner McCaskill noted that the Town’s property tax revenues tend to go down between reevaluations, and that it is necessary to limit what is appropriated from fund balance. Commissioner Helms also stated a reluctance to dip into fund balance, and would prefer to look at expenditures. Commissioner Vinson inquired about restoring privilege licenses, however Mr. Nalley reminded the Board that state law now prohibits the Town from imposing these. Mr. Nalley stated that an increase in the water rates is not being proposed but is needed, and suggested that gradual and incremental changes would be preferable to very large infrequent increases. Mr. Stackhouse stated that the Town did receive a letter from the Local Government Commission expressing concern about the financial condition of the water fund and inquiring about the Town’s plans to increase rates. Mr. Stackhouse explained to them that the deficit was in part due to the early pay off of debt in the fund, but did caution that the Board should begin planning now for gradual rate increases. The Board then asked Mr. Nalley to review the Expenditure highlights of the proposed budget. Governing Board: Following the review of the Governing Board expenditures, the Board discussed whether or not funds should be budgeted for a Comprehensive Plan Update. Commissioner Vinson favored deferring the project for a year, while Commissioner McCaskill favored deferring it for up to three years. Commissioner Helms favored spreading the project and its budget over two fiscal years. Commissioner Campbell cautioned against waiting too long to get started. Commissioner McCaskill asked if the Board and community members could do most of the work without needing to spend so much on outside consultants. The consensus was to defer the funding of the comprehensive plan update to fiscal year 2016-2017.

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June 18, 2015

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Closed Session – Attorney Consultation

At this time, Attorney John Hunter arrived to meet with the Board in Closed Session. Commissioner Vinson moved to enter into Closed Session in accordance with North Carolina General Statute §143-318.11(3) for attorney consultation regarding the Civil Action: Carolyn Zoe Crowder, John L. Currie, Nancy B. Thomas, Henry W. Darden, Jr., and wife, Carolyn V. Darden, Plaintiffs, versus the Town of Montreat, Defendant. Mayor Pro Tem Standaert seconded and the motion carried 5/0. The Board went into closed session at 3:37 p.m. Upon a motion by Mayor Pro Tem Standaert and a second by Commissioner Campbell with the motion carrying 5/0, the Board returned to Open Session. The closed session ended at 4:06 p.m. No action was taken during closed session. The Board then resumed its review of the 2015-2016 proposed budget. C. Proposed 2015-2016 Fiscal Year Budget Review and Discussion (continued): Administration: In response to questions from Commissioners Campbell, Mr. Nalley affirmed that the proposed budgeted for the Administration Department includes enough to cover initial training for a new Town Clerk, and that the salary estimate is the amount used for the previous Town Clerk’s salary had she continued employment with the Town. In response to other questions from Commissioner Campbell, Mr. Nalley explained that the line item for Gov Deals cover their fees for the auctioning of surplus vehicles, and that no purchases of office equipment in anticipation of a new town hall are being funded. Public Buildings: Commissioner Helms and Mr. Nalley noted that the recommended budget was reduced from prior years. Police: In response to a question from Commissioner Campbell about the Sam’s Club memberships, Mr. Nalley stated that this cost is allocated by employee. In response to a question from Mayor Pro Tem Standaert, Mr. Nalley stated that the Town had recently changed out wireless telephone plans. In response to a question from Commissioner Helms, Mr. Nalley confirmed that there was a small amount from previous donations left over for Public Safety Education. Planning & Zoning: In response to a question by Mayor Pro Tem Standaert, Mr. Nalley confirmed that requested departmental funding for the Stormwater Utility Study and the Wayfinding Signage Plan was not being recommended to the Board for funding.

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June 18, 2015

Book ##; Page

Public Works: Mr. Nalley noted that funding for the Lookout Road Utility Study continues to be recommended at a cost of $8,300. Streets: Commissioner Campbell asked Mr. Freeman if the truck replacement could be delayed. Mr. Freeman stated that the vehicle proposed to be replaced was a 1996 model with over 125,000 miles and is used as a snow plowing truck during winter. If necessary, the department could maintain the truck for an additional year. In response to a question from Commissioner McCaskill, Mr. Freeman responded that typically the Town chooses not to buy used trucks based upon their unknown maintenance history and reliability. Mr. Nalley noted that the truck procurement could be financed and paid over a three year period. Public Work vehicles are replaced more infrequently than police cars and are not on the same type of rotation plan. Commissioner Helms and Mayor Pro Tem Standaert noted that three-year financing could save approximately $30,000. Powell Bill: In response to a question from Mayor Pro Tem Standaert, the road striping would be for Assembly Drive, while the sign replacements would be phased in over a number of years. The street signs will have better reflectivity and be changed from all upper case to the first letter upper case and following letters lower case. Sanitation: In response to a question from Mayor Taylor, Mr. Nalley reported that the new system at the dumpsters seems to be working well. To date, two hauls have been saved due to the reduced amount of garbage and that the site is bringing in around twenty to thirty dollars per day in fee revenues. A sanitation attendant has not been hired due to the limited traffic at the site. Instead, Mr. Freeman is using a Public Works employee to staff the site. The Board supported the idea of using a Public Works employee to staff the site while the feasibility of hiring someone is further evaluated. Environment, Conservation, and Recreation: No comments were made at this time. Water: In response to a question from Mayor Pro Tem Standaert, Mr. Freeman reported that the engineering study for the water storage facility is completed and that the Town is ready to proceed with permitting. This facility provides for additional system storage, an extra margin of error during emergencies and will help while one tank is offline for maintenance. Based on this, the project could be deferred now that the engineering is completed. In response to a question by Commissioner Campbell, Mr. Freeman explained that the proposed funding for the portable generator project is for the installation of wiring at a well site that would allow the generator to be hooked into the well during emergencies. This is year three of a five year conversion plan, with the purchase of the generator to occur during the fifth year. Commissioner Vinson confirmed that with the delay of the construction of the water tank project for a year, funds would not be needed from retained earnings. The Board decided that eliminating this project

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June 18, 2015

Book ##; Page

for at least a year would be reasonable and that the Board will consider raising water rates gradually in future years. Concluding Budget Discussion: Mayor Pro Tem Standaert noted that the Town can save $30,000 by deferring the comprehensive plan update and perhaps another $30,000 by financing the street truck over three years. Mayor Taylor warned the Board to be careful about deferrals, as this might just create additional problems in the future. The Board supported these adjustments in preparation of their meeting on June 25th. Mayor Taylor confirmed with the Board their support for the proposed two percent cost of living increase for staff. In response to a question from Commissioner McCaskill, Mr. Nalley confirmed that there is funding for one construction payment and the remaining architectural fee for the Town Hall in the proposed budget. Mayor Taylor noted that the Board would vote on the proposed budget at the June 25th meeting and that Board members should communicate with Mr. Nalley if they had any questions, proposed revisions or comments prior to then.

Adjournment Commissioner Vinson moved to adjourn the Town Council Meeting. Commissioner Campbell seconded. The motion carried 5/0 and the meeting was adjourned at 4:57 p.m.

Mary Standaert, Mayor Pro Tem Stefan Stackhouse, Deputy Town Clerk

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Town Council Special Meeting June 25, 2015


Book ##; Page


Board members absent: None Town staff present: Ron Nalley, Town Administrator

Stefan Stackhouse, Finance Officer and Deputy Town Clerk Steve Freeman, Public Works Director

Two members of the public were also present. Mayor Taylor called the meeting to order at 3:00 p.m. and opened with prayer.

Agenda Approval Mayor Taylor requested to add a Closed Session to discuss the proposed acquisition of real property identified as PIN 0720-19-8099-00000, located on New Hope Lane for inclusion in the Open Space Conservation Program. Commissioner Vinson made a motion to add the Closed Session and to approve the Agenda as amended. Commissioner Campbell seconded and the motion to approve the Agenda as amended carried 5/0.

Public Comment There was no public comment at this time.

Old Business

A. 2015-2016 Fiscal Year Budget Ordinance and Fee Schedule: Mr. Nalley reviewed the revisions made by the Board during previous budget workshops. The revisions made to the proposed General Fund budget include the following:

Revenue Expense Total as Presented 5/21/15 $ 2,566,050 $ 2,566,050 Insurance Plan Rate Adjustments $ 7,600 Comprehensive Plan ($ 33,500) Truck Replacement (Streets) ($ 29,400)

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June 25, 2015

Book ##; Page

Fund Balance Appropriated ($ 55,300) Revised General Fund Totals $ 2,510,750 $ 2,510,750 Revisions made to the Water Fund include:

Revenue Expense Total as Presented 5/21/15 $ 355,600 $ 355,600 Water Storage Facility – Greybeard ($ 55,000) Expenditure Adjustments $ 26,400 Revenue Adjustments $ 5,500 Retained Earnings ($ 23,100) Revised Water Fund Totals $ 327,000 $ 327,000 The proposed three-year financing of the truck in the General Fund would be the only increase in indebtedness, and the only General Fund debt. There are no proposed changes to fees or the ad valorem tax rate. Mayor Taylor noted that based upon last Friday’s meeting with area legislators, the prospects appear to be discouraging with regard to the local effect of the proposed sales tax law revision. If there is a reduction, it will be incremental over several years, and may result in the equivalent of a two cent increase to Montreat’s ad valorem tax rate.

Mayor Pro Tem Standaert then moved to adopt the 2014-2015 Fiscal Year Budget Ordinance and Fee Schedule as presented. Commissioner Vinson seconded. The motion to adopt the Budget Ordinance and Fee Schedule carried 5/0. A copy of the Budget Ordinance and Fee Schedule are attached to these minutes and incorporated herein by reference.

B. 2014-2015 Fiscal Year Budget Adjustments: Mr. Nalley explained that it is our usual practice for he and Mr. Stackhouse to be given authority to make any final budget adjustments for the 2014-2015 budget should staff encounter any unanticipated budget overruns as the accounts are closed for the year. Commissioner Vinson moved to authorize the Town Administrator and Finance Officer to make any necessary additional amendments to the 2014-2015 Fiscal Year Budget. This motion was seconded by Commissioner Campbell and the motion carried 5/0.

New Business A. Closed Session – Real Property Acquisition: Commissioner Vinson moved to enter into

Closed Session in accordance with North Carolina General Statute §143.318-11(a)(5) to discuss the proposed acquisition of real property identified as PIN 0720-19-8099-00000, located on New Hope Lane, for inclusion in the Open Space Conservation Program. Mayor Pro Tem Standaert seconded and the motion carried 5/0. Upon a motion by Commissioner Campbell and a second by Commissioner Vinson with the motion carrying 5/0, the Board returned to Open Session. No action was taken during closed session.

It was then moved by Commissioner Vinson to not pursue the acquisition of the New Hope Lane property. This motion was seconded by Commissioner Helms, and carried 5/0.

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June 25, 2015

Book ##; Page

Adjournment Mayor Pro Tem Standaert moved to adjourn the Town Council Special Meeting. Commissioner Vinson seconded. The motion carried 5/0 and the meeting was adjourned at 3:30 p.m.


Packet Page 43

To: Mr. Stephen L. Freeman Town of Montreat Public Works Director From: Dewayne Sykes – KCI Associates of NC, PA Project Manager Date: September 23, 2015

TIP Number: B-5196

County: Buncombe

Project: Replacement of Bridge #528 – Texas Road over Flat Creek

Progress Report Number 14

Reporting Period: June 24, 2015 to August 17, 2015

Completed Tasks to Date:

• Received executed contract September 10, 2012. • Received notice to proceed via e-mail from Ray Lotfi on September 20, 2012. • Continued project planning activities – awaiting historic architecture for completion. • Completed field natural resource investigations and Natural Resources Technical Report (NRTR). • Completed base surveys and mapping. • Held CIW and Local Officials Meeting on November 27, 2012 from 4:00 to 7:00 pm in the Walkup

Building in Montreat. • Revised preliminary roadway alignments based on comments from workshops. • Completed NRTR. • Developed and presented scope for historic buildings survey and report. • Negotiated and agreed on scope and fees for historic buildings survey and report. • Completed preliminary hydraulic analyses for alternatives. • Initiated historic buildings survey and presented the results to the SHPO on June 25, 2013.

SHPO determined that the project setting is an eligible historic district, defined a reduce area of potential effect (APE), and requested a more involved study documenting all of the properties within the APE.

• Developed fee estimates for Phase II of the historic architecture survey and for archaeological investigations and submitted to the Town and NCDOT.

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2

• Negotiated fees for the Phase II architecture and archaeology and submitted a supplemental agreement to the Town for approval and execution.

• Completed Phase II Architectural History and Archaeology studies and reports. • Drafted 4f document and memo. • Completed draft Community Impact Analysis (CIA) and submitted to NCDOT. • Received NCDOT comments on the CIA and began incorporation. • Completed Archeological Investigations and Architectural History Survey and drafted reports.

Sent reports to Town and incorporated comments. Delivered draft reports to NCDOT and SHPO. Awaiting final comments.

• Drafted CE document and sent to Town for comment and selection of preferred alternative. • Preferred alternate selected. • Presentation of project and status at Town Council meeting August 2014. • Secured favorable opinion from SHPO and FHWA relative to proposed bridge appearance and

the historical district. Incorporated necessary aesthetics and comments. • Completed CE and secured signatures January 2015. • Completed 25% plans and submitted to NCDOT for review • Incorporated NCDOT comments and began drainage design. • Submitted drainage design and Bridge Survey Report to NCDOT for review. • Performed soil borings and geotechnical investigation at proposed bridge end bents and

retaining wall sites. • Submitted preliminary Traffic Control Plans. • Created Bridge General Drawings and proposed retaining wall design. • Incorporated NCDOT comments and submitted 75% plans to NCDOT for approval of Right of

Way funding. • Reached agreement with SHPO and FHWA regarding proposed bridge appearance and

aesthetics that fits with the context of the existing historical district. • Right of Way Funds Authorized June 10, 2015 • Right of Way Acquisition Plans completed • Met with Historic Preservation Office and FHWA regarding commitments and concerns • Submitted NWP 23 and 401 General Water Quality Certification No. 3891

Unusual Problems Encountered During Reporting Period:

• Resolving Historic Preservation Office commitments and concerns.

Proposed Tasks for Next Reporting Period:

• Complete Right of Way acquisition process • Submit TVA permit • Complete Final Plans and Specifications • Develop Contract Bid Proposals

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3

Comments:

• None

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MONTHLY POLICE STATISTICS REPORT

SEPTEMBER 2015 2014 2013 2012 2011

Mileage 3396 2546 2916 3060 2893

Dispatched Calls 113 74 121 88 49

Officer-Initiated Calls 215 206 217 284 226

Fire/EMS Assistance Calls 5F 2E 4F 5F 3E 4 4

Motorist/Other Assistance Calls 50 39 51 28 29

Traffic Stops 58 42 40 24 76

Parking Issues 4 5 7 9 18

Burglar/Fire Alarm Responses 3B 4B 4B 6 8

Residential House/Building Checks 233 264 116 87 480

Ordinance violations 16 18 9 17 9

LE Agency Assistance Calls 13 16 22 47 47

Animal Calls 9 2 8 2 2

Larcenies 0 2 0 0 0

B&E Calls 1 1 0 0 0

Suspicious Person/Vehicle Investigations 15V 5P 8V 9P 12V 5P 16 22

Disturbance Calls 4 3 3 15 0

Accident Responses 0 0 0 4 3

Auxiliary Hours Worked 32R 40R 36/O 32R 88/O 32R 48/O 73

Truck turns at gate 0 1 4 7 6

Town Service: 423

MRA Service: 146

College Service: 9

On 09/03/2015 MPD located an elderly subject on Lookout Road and assisted him home.

On 09/05/2015 MPD received a call reference gun shots heard in the area of Harmony, it was

determined to be firecrackers.

On 09/06/2015 MPD received a call reference a trespasser on North Carolina Terrace, subject was

advised.

On 09/07/2015 MPD received a call on a subject yelling profanities on West Virginia, subject was

warned.

On 09/11/2015 MPD received a call possibility of a sick fox on West Virginia.

On 09/13/2015 MPD received a call from MRA reference a subject that rented a spot in the

campground acting suspicious, the subject was checked out.

On 09/15/2015 MPD received a call of a B&E in progress on Virginia Road, police arrived and

the subject ran from the house, property and evidence was recovered and a report was filed.

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On 09/16/2015 MPD received a call reference a suspicious person walking on Mecklenburg with

a plastic bag with what appeared to be electronics inside, the subject ran from approaching staff,

property was recovered from the B&E that occurred on 09/15. The subject was not located.

On 09/16-18/2015 a total of 57 houses were spot checked, 8 of these residences were found to be

unsecured.

On 09/18/2015 MPD received a call from summer staff of some items missing or stolen from

McCallum house residence.

On 09/21/2015 MPD received a call of a burglar alarm on Westminister, dispatch provided a

wrong address, Officers checked 3 residences and located the correct address, the house was

found secure.

On 09/25/2015 MPD responded to an assist SHP and BMPD reference a multi-collision wreck

that occurred on I-40, including a SHP car being struck.

On 09/25/2015 MPD removed LOTS of limbs and branches from roadways all over town due to

the inclement weather.

Note:

o MPD used the SunShine List and Facebook to inform the public reference a B&E incident.

We appreciate all responses, both email and phone calls, there was some interesting

information provided. Please call dispatch when you see any suspicious activity as it is

being committed.

o MPD are still having sightings of a mother bear and cubs on Tennessee and Greybeard

area.

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General Fund

Statement of Revenues, Expenditures, and Changes in Fund Balances

For the Period Ended August, 2015

FYE 2016 Previously Current FYE 2016 FYE 15 Comparison FYE 2016

Actual to

Budget %

Statement

Period Variance 8/31/14

Budgeted Reported Month YTD Actual YTD Actual Remaining Budget 2

Revenues:

Ad valorem taxes 952,500.00$ -$ 1,008.19$ 952,500.00$

Other taxes and licenses 357,400.00$ -$ 91.24$ 357,400.00$

Unrestricted intergovernmental 60,500.00$ -$ 2,000.00$ 60,500.00$

Permits and Fees 46,000.00$ 7,122.70$ 3,074.20$ 10,196.90$ 5,076.20$ 35,803.10$

Community Service Fee 50,000.00$ 30,086.00$ 30,086.00$ 30,946.00$ 19,914.00$

Sales and Services 13,000.00$ 410.90$ 876.19$ 1,287.09$ 1,095.93$ 11,712.91$

Investment earnings 2,200.00$ 71.45$ 68.13$ 139.58$ 150.86$ 2,060.42$

Other revenues 3,700.00$ 1,500.00$ (18.00)$ 1,482.00$ 3.10$ 2,218.00$

Subtotal - Normal Operating 1,485,300.00$ 9,105.05$ 34,086.52$ 43,191.57$ 40,371.52$ 1,442,108.43$ 2.91% 16.67% -13.76% -13.94%

Restricted intergovernmental 740,000.00$ 56,767.79$ -$ 56,767.79$ -$ 683,232.21$

Contributions - Landcare -$ -$ -$ -$ -$ -$

Contributions - Open Space -$ -$ -$ -$ -$ -$

Total Revenues 2,225,300.00 65,872.84 34,086.52 99,959.36 40,371.52$ 2,125,340.64 4.49% 16.67% -12.17% -14.94%

Expenditures:

Governing Body 104,700.00$ 5,074.59$ 4,369.59$ 9,444.18$ 464.91$ 95,255.82$ 9.02% 16.67% 7.65% 16.04%

Administration 282,800.00$ 32,243.86$ 20,893.78$ 53,137.64$ 60,109.74$ 229,662.36$ 18.79% 16.67% -2.12% -3.01%

Public Buildings 139,950.00$ 34,810.89$ 828.62$ 35,639.51$ 74,543.71$ 104,310.49$ 25.47% 16.67% -8.80% -15.40%

Police 365,500.00$ 38,982.79$ 27,710.47$ 66,693.26$ 59,967.26$ 298,806.74$ 18.25% 16.67% -1.58% 1.01%

Building & Zoning 82,200.00$ 8,427.20$ 5,419.51$ 13,846.71$ 11,815.52$ 68,353.29$ 16.85% 16.67% -0.18% 1.10%

Public Works 86,100.00$ 8,899.09$ 5,795.12$ 14,694.21$ 12,987.70$ 71,405.79$ 17.07% 16.67% -0.40% 0.77%

Streets 1,271,400.00$ 21,011.60$ 18,211.44$ 39,223.04$ 34,554.88$ 1,232,176.96$ 3.09% 16.67% 13.58% 14.31%

Powell Bill 56,000.00$ 257.47$ 1,142.81$ 1,400.28$ 330.21$ 54,599.72$ 2.50% 16.67% 14.17% 15.91%

Sanitation 113,600.00$ 10,149.25$ 9,101.27$ 19,250.52$ 17,503.32$ 94,349.48$ 16.95% 16.67% -0.28% -0.63%

Env/Cons/Rec 8,500.00$ -$ -$ -$ 8,500.00$ 0.00% 16.67% 16.67% 16.67%

Total expenditures 2,510,750.00 159,856.74$ 93,472.61$ 253,329.35$ 272,277.25$ 2,257,420.65$ 10.09% 16.67% 6.58% 6.83%

Revenues over expenditures (285,450.00) (93,983.90)$ (59,386.09)$ (153,369.99)$ (231,905.73)$ (132,080.01)$

Other financing sources (uses):

Transfer to/from Water Fund -$ -$ -$ -$ -$

Fund Balance Appropriated: 285,450.00$ -$ -$ -$ -$ 285,450.00$

Total other financing sources (uses) 285,450.00$ -$ -$ -$ -$ 285,450.00$

Revenues and other sources over

expenditures and other uses -$ (93,983.90)$ (59,386.09)$ (153,369.99)$ (231,905.73)$ 153,369.99$

Expenditure Recap:

Salaries & Benefits 922,400.00$ 100,215.49$ 65,873.96$ 166,089.45$ 152,220.09$ 756,310.55$

Other Operating 395,300.00$ 59,641.25$ 27,598.65$ 87,239.90$ 84,929.03$ 308,060.10$

CIP/Grant Projects 1,193,050.00$ -$ -$ 35,128.13$ 1,193,050.00$

Total Expenditures 2,510,750.00$ 159,856.74$ 93,472.61$ 253,329.35$ 272,277.25$ 2,257,420.65$

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Water Fund

Statement of Revenues, Expenditures, and Changes in Fund Balances

For the Period Ended August, 2015

FYE 2016 Previously Current FYE 2016 FYE 15 Comparison FYE 2016

Actual to

Budget

Percent

Statement

Period Variance 7/31/14

Budgeted Reported Month YTD Actual YTD Actual Remaining Budget 2

Revenues:

Ad valorem taxes -$ -$

Other taxes and licenses -$ -$

MRA Comm Svc Fee -$ -$ -$

Permits and Fees -$ -$

Sales and Services 300,000.00$ 34,634.55$ 25,809.74$ 60,444.29$ 61,295.41$ 239,555.71$

Investment earnings 500.00$ 6.59$ 6.69$ 13.28$ 12.66$ 486.72$

Other revenues 26,500.00$ 2,113.71$ 371.58$ 2,485.29$ 4,626.49$ 24,014.71$

Subtotal - Normal Operating 327,000.00$ 36,754.85$ 26,188.01$ 62,942.86$ 65,934.56$ 264,057.14$

Restricted intergovernmental -$ -$

Total revenues 327,000.00$ 36,754.85$ 26,188.01$ 62,942.86$ 65,934.56$ 264,057.14$ 19.25% 16.67% 2.58% -2.27%

Expenditures:

Water Department 327,000.00$ 8,813.15$ 4,770.47$ 13,583.62$ 7,762.95$ 313,416.38$ 4.15% 16.67% 12.51% 14.67%

Total expenditures 327,000.00$ 8,813.15$ 4,770.47$ 13,583.62$ 7,762.95$ 313,416.38$ 4.15% 16.67% 12.51% 14.67%

Revenues over expenditures -$ 27,941.70$ 21,417.54$ 49,359.24$ 58,171.61$ (49,359.24)$

Other financing sources (uses):

Transfers to/from General Fund -$ -$ -$ -$ -$ -$

Fund Balance Appropriated: -$ -$ -$ -$ -$ -$

Total other financing sources (uses) -$ -$ -$ -$ -$ -$

Revenues and other sources over

expenditures and other uses -$ 27,941.70$ 21,417.54$ 49,359.24$ 58,171.61$ (49,359.24)$

Expenditure Recap:

Salaries & Benefits -$ -$ -$ -$

Other Operating 327,000.00$ 8,813.15$ 4,770.47$ 13,583.62$ 7,762.95$ 313,416.38$

CIP/Grant Projects -$ -$ -$ -$

Total Expenditures 327,000.00$ 445,641.85$ 4,770.47$ 13,583.62$ 7,762.95$ 313,416.38$

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Town of Montreat Cash & Investments Report As of 3

Institution Type Maturity Date Balance Central General Water Int. Rate Int for mo

Avl Sav Bank Checking x2519 203,911.26$ 203,911.26$ 0.00% -$

Avl Sav Bank Cent'l Dep x 6863 2,632.70$ 2,632.70$ 0.00% -$

Avl Sav Bank Savings - Powell Bill 3572 192,849.17$ 192,849.17$ 0.10% 15.85$

Avl Sav Bank Savings - Water Res. 7727 58,100.04$ 58,100.04$ 0.10% 4.77$

Avl Sav Bank MMkt Acct xxx1204 649,834.52$ 649,834.52$ 0.09% 46.59$

Avl Sav Bank Subtotal 1,107,327.69$

BB&T MMkt Act - General Fund 449,759.90$ 449,759.90$ 0.01% 3.70$

BB&T MMkt Act - Water Fund 157,396.30$ 157,396.30$ 0.01% 1.29$

BB&T Subtotal 607,156.20$

NCCMT Investment - General Fund 6,425.84$ 6,425.84$ 0.07% 0.36$

NCCMT Investment - Water Fund 6,710.76$ 6,710.76$ 0.07% 0.38$

NCCMT Subtotal 13,136.60$

All Accts Subtotal 1,727,620.49$ 206,543.96$ 1,298,869.43$ 222,207.10$ 0.05% 72.94$

All Accts Fiscal Year to Date 1,132,551.83$ 0.08% 225.80$

(average) (average) (cumulative)

Avl Sav Bank CD, 1yr x6827 Empl Benf 11/24/2015 54,371.91$ 54,371.91$ -$

Avl Sav Bank CD x5119 11/12/2015 10,333.66$ 10,333.66$ -$

CDs Subtotal 64,705.57$ -$

CDs Fiscal Year to Date 64,705.57$

All Accts + CDs Total 1,792,326.06$ 0.05% 72.94$

All Accts + CDs Fiscal Year to Date 1,172,227.16$ 0.05% 147.76$

(average) (average)

September 30, 2015

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J:\BOC\Board Action Requests\2015 Requests\REQUEST_Public_Works_Vehicle_Purchase_2015_Ford_F250_100815.docx

TOWN OF MONTREAT BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION

Meeting Date: October 8, 2015

SUBJECT: Public Works Department Vehicle Purchase – 2015 Ford F-250

AGENDA INFORMATION: Agenda Location: New Business Item Number: A Department: Public Works and Finance Contact: Steve Freeman, Public Works Dir. and Stefan Stackhouse, Finance Officer Presenter: Steve Freeman, Public Works Dir. and Stefan Stackhouse, Finance Officer

BRIEF SUMMARY: The Board allocated $15,600 in the current fiscal year Budget for the first year’s payment over three years for the purchase of a new Public Works Department vehicle. The existing truck is a 1996 model with over 124,000 miles. Four vendors were solicited, and the results of their proposals are included on the attached bid summary sheet. Staff recommends purchasing a 2015 Ford F250 from Asheville Ford, the low bidder, in the amount of $39,875.46. Staff also contacted both BB&T and Asheville Savings Bank for proposals for financing this purchase. BB&T declined to offer a financing package. Asheville Savings Bank offered us terms of 2.69% fixed, resulting in payments of approximately $1,155 per month or $13,860 per year. Staff recommends accepting the Asheville Savings Bank proposal.

RECOMMENDED MOTION AND REQUESTED ACTIONS: To approve the purchase of a 2015 Ford F250 truck from Asheville Ford in the amount of $39,875.46, to be financed by Asheville Savings Bank over a 36 month term at the rate of 2.69% fixed and to authorize the Mayor and Town Administrator to execute the necessary contract documents. FUNDING SOURCE: Capital Outlay – Street Department ATTACHMENTS: Vehicle Purchase Bid Summary Sheet, Asheville Ford Bid Proposal, and Asheville Savings Bank Financing Commitment Letter

STAFF COMMENTS AND RECOMMENDATIONS: This vehicle replaces the 1996 Ford F250 truck that has exceeded both the ten year and 100,000 mile replacement schedule as found in the Vehicle Replacement Policy.

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TOWN OF MONTREAT BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION

Meeting Date: October 8, 2015

SUBJECT: Montreat General Ordinance, Chapter K, Article V: Trees and the Tree City USA Application – Montreat Landcare

AGENDA INFORMATION: Agenda Location: New Business Item Number: B Department: Administration Contact: Ron Nalley, Town Administrator Presenter: Bill Seaman, Chair, Montreat Landcare & Ron Nalley, Town Administrator

BRIEF SUMMARY: Since early summer, Montreat Landcare has been considering the benefits of becoming certified as a Tree City USA by the National Arbor Day Foundation. In August, the Landcare Committee was unanimous in its recommendation that Tree City status is an appropriate and beneficial opportunity for Montreat. Accordingly, the Committee has been developing the application that will be presented to the Board of Commissioners at their October meeting in order to meet the December application deadline. Four standards must be achieved for certification. Two of them have already been met, namely the per capita expenditures that the Town presently spends on things such as Christmas tree pick-up and tree maintenance on public rights-of-way, and also, that the Town held an Arbor Day celebration this year. The other two standards are easily achievable, and deal with trees that only are on public lands and rights-of-way. One will be to designate a community-based public “Tree Board,” and for that it seems logical for Landcare to assume the role. The fourth standard, deals with legal definitions of what the tree board and Town do concerning public trees. In order to accomplish this, Montreat Landcare is recommending revisions to Section 625, “Trees in Greenspace and Regulated Tree Regulations,” of the Montreat Zoning Ordinance. Attached is the proposed revised Montreat General Ordinance - Chapter K, Article V – Trees.

RECOMMENDED MOTION AND REQUESTED ACTIONS: To call for a Public Hearing on November 12, 2015 at 7:00 p.m. or as soon thereafter as possible to discuss Proposed Montreat General Ordinance, Chapter K, Article V – Trees

FUNDING SOURCE: None ATTACHMENTS: Montreat General Ordinance, Chapter K, Article V – Trees and the Tree City USA Application (Application Pending)

STAFF COMMENTS AND RECOMMENDATIONS: Mr. Seaman, Chair of Montreat Landcare, will be present at your meeting to discuss the Tree City USA application and the first draft of the

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proposed Montreat General Ordinance - Chapter K, Article V – Trees. Due to the tight December application deadline, Montreat Landcare will be reviewing the proposed Ordinance at their meeting on October 7th. Because of this, the first draft presented at your October agenda packet will likely be revised prior to your public hearing in November. Montreat Landcare will have the completed application packet with a final draft of the proposed Ordinance for your consideration at the November meeting. Montreat Landcare is interested in your comments and suggestions as they move forward with updating this proposed Ordinance.

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Delete Article VI: General Provisions, Section 625 of the Montreat Zoning Ordinance Renumber Subsequent Sections Add Under Montreat General Ordinance, Chapter K – Environment, Article V: Trees Renumber Subsequent Sections Article V: Trees Section 1: General Provisions

1. Purpose and Intent

The Town of Montreat, realizing that trees have a profound effect on the quality of life in the community, deems it necessary and desirable in the interest of public health, safety and welfare to enact an ordinance for the preservation, planting, replacement and removal of trees on municipally owned property and public rights-of-way within the Town. The purpose of this Article is to regulate the planting of new trees and shrubbery; to vigorously encourage the protection of existing trees and shrubbery, including their root systems; to regulate the preservation, replacement and removal of trees and to establish procedures for fulfilling these purposes.

2. Applicability

The terms and provisions of this Article shall apply to all town property, all public rights of way within the Town, and those areas designated as Greenspace in the Offer of Dedication dated May 12, 1983 from the Mountain Retreat Association to the Town of Montreat.

Section 2: Tree Board

1. Tree Board

The Montreat Landcare Committee shall serve as the Tree Board and shall formulate and adopt rules of procedure under which it will operate in order to serve as the Tree Board.

2. Duties and Responsibilities

a) It shall be the responsibility of the Montreat Landcare Committee to study, investigate,

counsel and develop and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in Greenspace, within public rights-of-way and on Town owned property. Such plan will be presented to the Board of Commissioners and upon its acceptance and approval shall constitute the official comprehensive Town Tree plan for the Town.

b) The Montreat Landcare Committee, when requested by the Town Council, shall consider, investigate, make findings, report upon, and recommend any special matter of question coming within the scope of its work.

c) The Montreat Landcare Committee shall facilitate the planting, growth and protection of trees within the Town.

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d) The Montreat Landcare Committee shall foster the communication among citizens of the Town that would provide the needed protection of trees and to coordinate active measures to support their health and growth with the Town.

e) The Montreat Landcare Committee shall conduct a tree survey of existing trees along rights-of-way and on public property within the Town.

f) The Montreat Landcare Committee shall investigate available grants, loans or contributions from other governmental agencies, public or private entities, or individuals, and to recommend the expenditure of any proceeds toward the accomplishment of its purpose.

g) The Montreat Landcare Committee shall conduct continuing research, planning and feasibility studies required to support the purposes stated in this Article.

3. Review by Board of Commissioners

The Board of Commissioners shall have the right to review the conduct, acts and decisions of the Montreat Landcare Committee acting in the capacity of the Tree Board. Any person may appeal from any ruling or order of the Montreat Landcare Committee to the Board of Commissioners, who may hear the matter and make a final decision.

4. Interference with Tree Board

It shall be unlawful for any person to prevent, delay or interfere with the Montreat Landcare Committee, or any of its agents, while engaging in and about the planting, cultivation, mulching, pruning, spraying or removing of any street trees, Greenspace trees or trees on public grounds, as authorized in this Article.

Section 3: Administration

1. For the purposes of carrying out the provisions of this Article, the Public Works Director shall have responsibility and control over all trees and shrubbery planted or growing in or upon Town property and the public rights-of-way.

2. The Public Works Director, or agent thereof, shall be responsible for formulating, in conjunction

with the Montreat Landcare Committee, a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in Greenspace, within rights-of-way and on Town owned property. The Town Tree plan shall govern the species of trees to be planted and consideration shall be given to the existing and future utility and environmental factors in recommending a specific species for each area. Such plan will be presented to the Board of Commissioners and upon its acceptance and approval shall constitute the official comprehensive Town Tree plan for the Town.

3. The Public Works Director and Zoning Administrator, or agent thereof, in conjunction with the Montreat Landcare Committee, shall have prepared a document entitled, Montreat Standards Specification and Detail Manual, which shall contain the guidelines and specifications for tree planting, care, maintenance, removal and landscape design which shall be adopted by Board of Commissioners and used by developers, landscape architects, designers and the general public in furtherance of the requirements and intent of this Article. The guidelines shall be reviewed at a minimum, every two years, and any revisions to the guidelines shall be adopted by the Board of Commissioners.

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Section 4: Permitting

1. Permits shall be obtained from the Public Works Director for all activity involving the planting, removal and replacement of trees on Town property, public rights-of-way and Greenspace areas except as noted herein.

2. The Public Works Director shall review all requests for permits for the planting, grading removal

and replacement of trees and shrubbery on Town property. If the planting, grading, removal or replacement complies with the guidelines, the Public Works Director shall issue a permit and may attach reasonable conditions or remedies to the permit. If the plans do not comply with the guidelines, the permit shall be denied.

3. The Town may withhold or withdraw Town issued permits, certificates and other authorizations until such requirements of the permit are met.

4. During the period of an emergency such as a windstorm, ice storms, tornado, or other Acts of God, the requirements of this Section may be waived by the Town Administrator, Public Works Director or the Board of Commissioners.

Section 5: Public Tree Care

1. The Town shall have the right to plant, prune, maintain and remove trees, plants and shrubs

within the lines of all streets, roads, ways, and public property, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds.

2. No person shall remove, destroy, cut, prune or otherwise treat any street, Greenspace or public tree or shrubbery having its trunk upon any town property or right-of-way or contract with another person to perform such acts without first obtaining a written permit from the Public Works Director except as herein set forth.

3. No person shall plant or contract with another to plant any tree or shrubbery on any town property, except as herein noted, without a permit from the Public Works Director.

4. Public and private utilities shall submit written specifications for pruning, trenching or grading around trees and shrubbery on town property to the Public Works Director for approval. A utility company shall not be required to obtain a permit for routine maintenance operations affecting trees and shrubbery having their trunks upon city property so long as such work is done in strict accordance with the specifications as approved by the Public Works Director. A utility company is required to obtain a permit to remove any tree or shrubbery on Town property. Approved written specifications shall be valid for two years, after which new specifications or a request for an additional two-year extension of the previously approved specifications must be made by the utility company.

5. The Montreat Landcare Committee may remove or cause or order to be removed, any publicly owned tree or part of, which is in an unsafe condition or which by reason of its nature is injurious to utility lines, water and sewer lines, gas lines, or other public improvements, or is affected with any injurious fungus, insect or other pest. This section does not prohibit the

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planting of street tees by adjacent property owners providing that the selection and location of such trees is in accordance with the guidelines for planting developed by the Montreat Landcare Committee. The Montreat Landcare Committee, in conjunction with the Public Works Director, has the right to approve any plantings that take place in the public right-of-way areas.

Section 6: Injuring Trees and Shrubbery

1. No person shall place or maintain upon the ground upon any town property any compacted stone, cement or other impervious matter or substance in such a manner as may obstruct the free access of air and water to the root of any tree or shrubbery. This provision shall not apply to paving, repairing or altering of town streets, sidewalks, greenways or other town property performed by the town.

2. No person shall perform or contract with another to perform construction work (including the operation or storage of equipment or materials) within the drip line of any tree or shrubbery having its trunk on any town property without first obtaining a permit from the Public Works Director.

3. No person shall attach any object, including but not limited to, rope, wire, chain or sign, to any tree or shrubbery in or upon any town property or to the guard or stake intended for the protection of such tree or shrubbery except for the purpose of protecting it or the public.

Section 7: Planting Plan

1. For planned developments subject to the provisions of this Article desiring to plant trees and shrubbery in or upon town property or town right-of-way shall, in addition to applying for a permit, submit a planting plan or written statement to the Public Works Director. Planting plans upon town property shall accurately show the following: a) The proposed street width, together with its pavement, curb, and/or gutter, parking strip

and sidewalk areas, to a definite indicated scale. b) The location of underground and overhead utilities, all poles and posts, to a definite

indicated scale. c) The proposed location of each and every proposed tree and shrubbery, together with the

location of each existing tree, shrubbery, plant or vine within the proposed street right-of-way in scaled relation to the other features to the plan.

d) The variety, height and caliper, where applicable, of each and every tree and shrubbery proposed to be planted and of those already existing within the proposed street lines, either indicated on the plan or referenced with a number to a key list.

e) The distance in feet between the tree and shrubbery in any one row. f) The nature of the soil in the planting space to a depth of three feet and all existing and

proposed surface and subsurface drainage system.

2. In the case of persons not involved in planned development and who desires to perform small scale landscape plantings on town property, written statements in lieu of a planting plan shall contain the same information required on the planting plan. In such a case, a simple letter of intent outlining the location, method and materials, may be submitted.

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Section 8: Mitigation of Risk Trees on Private Property

1. The Public Works Director may cause or order to be removed any tree or part thereof on private property which is unsafe, injurious to the public welfare or which, by reason of its nature, is injurious to public improvements or is infested with an injurious fungus, insect or other pest.

2. The Public Works Director may enter upon private property in the town to treat or cause or order to be otherwise treated, any tree infected or infested by any parasite, insect or pest when it shall be necessary to do so to prevent the breeding or scattering of any parasite or animal pest and to prevent danger therefrom to persons or property or to trees planted on town property.

3. Whenever, in the opinion of the Public Works Director, the removal of a tree or shrubbery on private property shall be necessary, under the provisions of this Article, the Public Works Director shall have the power to remove such tree or shrubbery or cause or order the same to be done upon notice and an opportunity to be heard to the property owner.

4. Prior to exercising the authority conferred by this Article, the Public Works Director shall give the owner notice and an opportunity to correct the condition by requesting that corrective action be taken. The request shall be in writing to the owner of the property in question and shall be acted upon within 30 days, or a lesser period of time if an imminent threat to life or property exists, from the date of the receipt of the request. If, after 30 days or such less time period, the owner has not corrected the condition or undertaken action that would lead to a timely correction of the condition, the Public Works Director may enter upon the property, perform the work necessary to correct the condition and bill the owner for the actual costs incurred. In situations involving an imminent threat to the public health, safety or welfare, the town may act without prior notification to the property owner but notice shall be given within a reasonable period thereafter.

Section 9: Trees and Shrubbery Abutting Town Property

1. Trees, shrubbery, flowers, bushes or vines standing in or upon any lot or land abutting town property and having branches, limbs, trunks, or other parts projecting onto town property shall be maintained by the owner of the property on which such trees, shrubbery, flowers, bushes or vines are growing so as not to interfere with the free and safe passage along the town right-of-way by pedestrians and vehicular traffic.

2. If the owner of such property does not keep this growth from projecting onto town property, the Public Works Director may order its removal. The order shall be in writing to the owner and shall be acted upon within 30 days from the time of the receipt of the order. If, after 30 days, the owner has not responded or acted to remove the projecting growth from such trees or plants, then the Public Works Director may enter upon the private property to perform the work necessary to correct the condition and bill the owner for the actual costs incurred. In situations deemed by the Public Works Director to constitute an imminent threat to the public health, safety or welfare, the Public Works Director may act without prior notification to the property owner.

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Section 10: Tree Topping

It shall be unlawful as a normal practice, except as described below, for any person, firm or Town department to top any street tree, greenspace tree, or other tree on public property. Topping is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees that interfere with or are an imminent threat to utility wires or other obstructions where other pruning practices are impractical may be exempted from this Section as the determination of the Montreat Landcare Committee.

Section 11: Removal of Stumps

All stumps of street and greenspace trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.

Section 12: License and Bond

It shall be unlawful for any person to engage in the business or occupation of pruning, treating or removing street or Greenspace trees within the Town without first applying for and procuring a license. The license fee shall be set from time to time by the Board of Commissioners and payable annually in advance; however, no license shall be required of any public service company or Town employee doing such work in the pursuit of their public service endeavors. Before any license shall be issued, each applicant shall first file evidence of possession of liability insurance in the minimum amounts of $300,000 for bodily injury and $100,000 property damage indemnifying the Town or any person injured or damaged resulting from the pursuit of such endeavors as described in this Article.

Section 13: Inspection, Enforcement, Appeal and Penalty

1. Inspection a) The Public Works Director and the Zoning Administrator may periodically inspect areas

subject to the provisions of this Article. b) If through inspection it is determined that a person has failed to comply or is no longer in

compliance with the provisions of this Article, a notice to comply shall be served upon that person by registered mail, return receipt requested or by hand delivery from the Public Works Director. The notice shall state the violation and describe that which will be necessary to comply with this Article.

c) The Public Works Director may conduct such investigations as deemed reasonably necessary to carry out the duties as prescribed in this Article and may enter at reasonable times upon private property as defined herein, for the purpose of inspecting trees and shrubbery subject to the provisions of this Article. No person shall refuse entry or access to any authorized representative or agent of the Town who requests entry for the purposes of inspection and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with such representative while in the process of carrying out official duties.

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2. Notice and Appeal a) Any person who violates any provision of this Article shall be notified by the Public Works

Director of the specific violation by certified or registered mail, return receipt requested, or by hand delivery. The notice shall set forth the nature of the violation, the measures required to comply with this Article, if compliance is at all practicable, and a reasonable time period within which compliance must be had.

b) If any aggrieved person disagrees with a decision of the Public Works Director, such person may request a hearing within ten working days of receipt of the violation. The request must be in writing and directed to the Montreat Landcare Committee secretary. The secretary shall immediately assemble an appeals board from among the membership of the Montreat Landcare Committee. The chairperson of the Montreat Landcare Committee shall always serve on the appeals board as the chairperson and shall not vote except to cast the deciding vote in case of a tie. The members to sit on the board shall be selected on a rotating basis. The owners shall have the right to be represented by counsel, examine and cross examine witnesses at said hearing, The Town attorney shall serve as the appeals board’s legal advisor during said hearing. The appeals board shall render its written decision within 30 days after the hearing.

c) The appeals board may modify, amend or revise the decision appealed from. The decision of the appeals board shall be served upon the appealing party by registered or certified mail, return receipt requested, or by hand delivery.

d) If any aggrieved party is dissatisfied with the decision of the appeals board, an appeal may be taken to the Buncombe County Superior Court. Notice of the appeal must be filed within ten working days of receipt of the appeals board’s decision. The parties may stipulate that the appeal to the Buncombe County Superior Court shall be a review of the record only. In the absence of a mutual stipulation, the review shall be de novo.

e) Any aggrieved party may request an injunction to preserve the status quo during the pendency of any appeal in accordance with applicable North Carolina law.

3. Civil Penalty

Any person violating any provision of this Article shall be subject to the civil penalties found in Chapter L of the Town of Montreat Code of General Ordinances.

4. Injunctive Relief Whenever there exists reasonable cause to believe that any person is violating this Article or any standards adopted pursuant to this Article or any term, condition or provision of an approved permit, the Town may, either before or after the institution of any other action or proceeding authorized by this Article, institute a civil action in the name of the Town for a mandatory or prohibitory injunction and an order of abatement demanding the violator to correct the unlawful condition upon or cease the unlawful use of the property.

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Definitions to be Added or Amended in Chapter A – General Administration; Article 1 – Definitions of Words and Phrases The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this Article, except where the context clearly indicates a different meaning:

a) Caliper – Diameter measurement of the trunk taken six inches above ground level for trees up to and including four-inch-caliper size. Measurements shall be taken twelve inches above the ground for larger trees.

b) Diseased Tree – A process in which fungi, bacteria, mycoplasms, and viruses are able to invade and infect trees causing poor growth and weak appearance, disruption of plant processes, distortion of certain tree parts and strain or death of the tree.

c) Diameter Breast Height (DBH) – The diameter of a tree four and one-half feet above the average ground level.

d) Drip Line – a vertical line running through the outermost portions of the tree crown extending to the ground.

e) Greenspace Trees – Trees, shrubs and bushes found in those areas designated as Greenspace in the Offer of Dedication dated May 12, 1983 from the Mountain Retreat Association to the Town of Montreat.

f) Guidelines – Guidelines and Specifications of Tree Planting on Public Property, published by the Public Works Department.

g) Impervious Cover – Building and structure footprints, areas of pavement, compacted gravel or other compacted areas which by their dense nature do not allow the passage of sufficient oxygen and moisture to support and sustain healthy root growth.

h) Maintenance – Property cultural practices including pruning, fertilization, pest management, and root system protection. The standards of maintenance are those published by the National Arborists Association.

i) Paved Area – Any ground surface covered with concrete, asphalt, stone, compacted gravel, brick or other paving material.

j) Person – A public or private individual, corporation, company, firm, association, trust, estate, commission, board, public or private institution, utility cooperative or other legal entity.

k) Private Property – Property that is not owned by a federal, state or local government. l) Public Works Director – The head of the Town of Montreat Public Works Department or their

designee. m) Replacement – Replacement of dead, dying, diseased, or removed trees with trees of equal or

comparable size, species, vigor and health n) Removal – The cutting down of any tree or shrubbery and all other acts which cause the actual

removal or the effective removal through damaging, poisoning or other direct or indirect actions resulting in the death of a tree or shrubbery.

o) Root Protection Zone: Generally, 18 to 24 inches deep and a radius distance from the trunk of the tree equal to one foot for each one inch of trunk diameter or the outermost drip line of the tree, whichever is greater.

p) Street trees – Trees, shrubs and bushes on land lying within right-of-way on either side of all streets, roads, or ways within the town.

q) Topping – Any pruning practice that results in pruning back the main leader stem of the tree or causes disfigurement of the normal shape of the tree.

r) Town – The Town of Montreat, North Carolina

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s) Town Property – All real property which is owned or leased by the town or which is maintained by it or any part of any town right-of-way.

t) Unsafe Tree – For a tree to be unsafe, one of the following criteria must apply; (1) A combination of a structural defect and a target.

(a) A structural defect which predisposes the tree to failure; i.e., dead tree, trunk decay, dead branches, V-crotches; and

(b) A target such as a structure, road, walkway, campsite or other area where property exists or people reside.

(2) A tree that is otherwise structurally sound, but which interferes with the routine activities of people. Interferences include obstructions, sight distance problems for motorists, buckling of sidewalks or greenways, attracting lightning, or interference with utilities.

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Documents

Town of Montreat Board of Commissioners October 8, 2015 7:00 … · 2019-02-01 · The proposed Consent Agenda included the following items: April 9, 2015 Town Council Meeting Minutes