A G E N D A
CITY OF HENDERSONVILLE CITY COUNCIL REGULAR MEETING
J
ULY 2, 2015 5:45 P.M.
Council Chambers – City Hall
1. Call to Order
2. Invocation and Pledge of Allegiance
3. Public Comment Time:
Up to 15 minutes is reserved for comments from the public
for items not listed on the agenda
4. Consideration of Agenda
5. Consideration of Consent Agenda:
These items are considered routine,
noncontroversial in nature and are considered and approved by a single motion and
vote.
A. Consideration of Minutes: June
4, 2015 Regular Meeting
B. Consideration of Walk of Fame Committee Bylaws and Rules of Procedure
C. Considerations of Findings of Fact and Conclusions of Law for Skyway
Towers
D. Consideration of a Resolution with Respect to the Taking of Official Notice of
Certain City Documents at Quasi-Judicial Hearings
E. Consideration of an Ordinance to Reduce the Speed Limit on South Justice
Street and Toms Hill Drive Between West Allen Street and Kanuga Road
F. Consideration of an Ordinance Designating the Speed Limit for New Village
Road Between Highway 191 and the End
G. Consideration of the Purchase of a New Garbage/Recycling Truck Through
the National Joint Powers Alliance as allowed by NCGS 143-129(e)(3)
H. Consideration of Amendments to Job Descriptions and Pay Scale
I. Consideration of Job Descriptions to Create Human Resources Coordinator
and Code Enforcement Positions
J. Consideration of a Resolution to Adopt the City of Hendersonville Treatment
Plant Employment and Compensation Policy
H:\Clerk\Agendas\01 Y2015\07 July\01 July 2 agenda.doc
K. Consideration of Request to Extend Lines to Provide Water and Sewer
Services t
o Phase Two of the Existing Habitat for Humanity Subdivision
L.
Consideration of Request to Provide Additional Water Service fo
r the
Expansio
n of the Warm Compan
y
6. Presentation of Proclamation Honoring the Korean War Veterans
Presenter: Mayor Barbara Volk
7.
Consideration of the
Sister Cities International Partnership Resolution
Presenter: Mayor Barbara Volk
8.
Recognition – AWOP
Award
Presenter: Randy Hintz, Public Water Supply, DENR
9. Presentation on Duke Energy’s Residential Energy Efficiency Program
Presenter: Sue Dinnsen, Residential Energy Efficiency Program Manager
10.
Consideration of the Variance Request as part of an Amende
d Special Use Permit
for the Ingl
es Store Located at 1980 Asheville Highw
ay to Allow Increasing the
Number of Driveways a Development Parcel may have on any given Road from Two
to Three
Presenter: Planning Director Sue Anderson
11.
Public Hearing – Consideration of an Ordinance amending the Zoning Or
dinance
Article IV Establishment of Districts Table 4-5, Article V, Article VI General
Provisions, Table 6-5-2, Article XII Definition of Terms, Section 12-2 Definition of
Commonly Used Ter
ms and Words, and Article XVI Special Requirements
for
Certain Uses, Section 16-4 Standards Pertaining to Breweries, Cideries, Distilleries,
Microbreweries and Wineries
Presenter: Planning Director Sue Anderson
12. Consideration of an Ordinance Amending Section 10-152 of the Code of Ordinances
with Respect to the Tethering
of Domestic Animals within the Enforceme
nt
Jurisdiction of the City of Hendersonville
Presenter: City Manager John Connet
13. Consideration of Request for Funding by the Henderson
County Pa
rtnership for
Economic
Development to Support Economic Development A
ctivities
Presenter: City Manager John Connet
14.
Consideration of a Resolution to Request
the French Broad River MPO Consider the
Addition of
a Bike/Ped Project into the Metropolitan Transportation Plan
Presenter: Planning Director Sue Anderson
15.
Consideration of Awarding the 2015 Street Resurfacing Contra
ct
Presenter: Public Works Director Tom Wooten
16.
Comments
from Mayor and City Council Members
H:\Clerk\Agendas\01 Y2015\07 July\01 July 2 agenda.doc
3
17. Reports from Staff
a. Staff Report on NCDOT Grant for Bicycle Plan
18. Boards and Commissions
Presenter: City Clerk Tammie Drake
a. Considera
tion of Appointments
b. Announcement of Vacancies/Upcoming (Re)appointments
19. New Business
20. Request for Closed Session to Discuss the Acquisition of Property as authorized
under G.S. 143.318.11(a)(5)
21. Adjournment
CITY OF HENDERSONVILLE
AGENDA ITEM SUMMARY
Submitted By: Department:
Date Submitted: Presenter:
Date of Council Meeting to consider this item:
Nature of Item:
Summary of Information/Request: Item #
Budget Impact: $_________________ Is this expenditure approved in the current fiscal year
budget? If no, describe how it will be funded.
Suggested Motion: To disapprove any item, you may allow it to fail for lack of a motion.
Attachments:
John Connet
A
dministration
6/11/2015
John Connet
7/2/15
Council Action
Tom Orr made a presentation at the February City Council meeting regarding the establishment of a Walk of Fame
program to recognize key Henderson County citizens. The City Council directed staff to work with Mr. Orr and Henderson
County to develop the program. Assistant County Manager Amy Brantley and I have developed the Charter and Bylaws
for this committee. Therefore, I am requesting approval of the Charter and Bylaws, so we can begin the formation of this
committee.
05b
TBD
Yes
I move that the City Council approve the Charter and Bylaws for the Walk of Fame Committee
Proposed Charter and Bylaws of Walk of Fame Committee
Return to Agenda
Return to Agenda
:$/.2))$0(67((5,1*&200,77((
&+$57(5
7KH:DONRI)DPH6WHHULQJ&RPPLWWHHLVHVWDEOLVKHGWRUHFRJQL]HRXWVWDQGLQJFRQWULEXWRUVWR
WKHJURZWKDQGGHYHORSPHQWRI+HQGHUVRQ&RXQW\
7KHGXUDWLRQRIWKHFRPPLWWHHVKDOOEHSHUSHWXDO
%</$:6$1'58/(62)352&('85(
Pursuant to the Henderson County Code, § 3-31. Bylaws of Boards or Committees. %\ODZV
GUDIWHGE\DQ\ERDUGRIFRPPLWWHHPXVWEHSUHVHQWHGIRUDSSURYDOE\WKH+HQGHUVRQ&RXQW\
%RDUGRI&RPPLVVLRQHUVSULRUWRDGRSWLRQXQOHVVRWKHUZLVHSURYLGHGE\ODZ
, 1
$0(
:DONRI)DPH6WHHULQJ&RPPLWWHH
,, 3
85326(
7KHSXUSRVHRIWKLVFRPPLWWHHLVWRDGYLVHWKH%RDUGRI&RPPLVVLRQHUVDQG+HQGHUVRQYLOOH
&LW\&RXQFLORQPDWWHUVUHODWHGWRD:DONRI)DPH7KH&RPPLWWHHVKDOODFWLQWKHIROORZLQJ
PDQQHU
x 'HWHUPLQHWKHORJLVWLFVRIHVWDEOLVKLQJD:DONRI)DPHLQGRZQWRZQ+HQGHUVRQYLOOH7KH
:DONRI)DPHZLOOUHFRJQL]HRXWVWDQGLQJFRQWULEXWRUVWRWKHJURZWKDQGGHYHORSPHQWRI
+HQGHUVRQ&RXQW\
x ,GHQWLI\WKHGLVFLSOLQHVIRUZKLFKSHRSOHZRXOGEHUHFRJQL]HG)RUH[DPSOHDJULFXOWXUH
HGXFDWLRQFXOWXUDODUWVLQGXVWU\JRYHUQPHQWKHDOWKFDUHFRPPHUFHDQGVSHFLDO
VHUYLFHV
x (VWDEOLVKWKHTXDOLILFDWLRQVIRUUHFRJQLWLRQZLWKLQHDFKRIWKHLGHQWLILHGGLVFLSOLQHV
x 'HWHUPLQHDSURFHGXUHIRUVHWWLQJXSDVHOHFWLRQFRPPLWWHH
x (VWDEOLVKWKHPHDQVRIUHFRJQLWLRQ
x ,GHQWLI\DPHDQVRIHVWDEOLVKLQJVSRQVRUVKLSVIXQGLQJPHFKDQLVPVIRUH[SHQVHVUHODWHG
WRWKHSURMHFW
,,, 0
(0%(56+,3
D 7KH:DONRI)DPH6WHHULQJ&RPPLWWHHVKDOOEHFRPSULVHGRIILYHYRWLQJPHPEHUV
7ZRDSSRLQWHGE\WKH%RDUGRI&RPPLVVLRQHUVWKUHHDSSRLQWHGE\WKH
+HQGHUVRQYLOOH&LW\&RXQFLO
Return to Agenda
E 7HUPVVKDOOEHIRUDOHQJWKRIWKUHH\HDUV,QRUGHUWRHVWDEOLVKDVWDJJHULQJRIWKHWHUPV
WKHLQLWLDOH[SLUDWLRQGDWHVRIWKHPHPEHUVKLSVKDOOEHDVIROORZV
 3RVLWLRQ±-XQH+HQGHUVRQYLOOH
 3RVLWLRQ±-XQH+HQGHUVRQ&RXQW\
 3RVLWLRQ±-XQH+HQGHUVRQYLOOH
 3RVLWLRQ±-XQH+HQGHUVRQ&RXQW\
 3RVLWLRQ±-XQH+HQGHUVRQYLOOH
F $Q\YDFDQF\RQWKH&RPPLWWHHVKDOOEHILOOHGDWWKHHDUOLHVWFRQYHQLHQFHE\WKH
DSSRLQWLQJDXWKRULW\
G 0HPEHUVPLVVLQJWKUHHFRQVHFXWLYHUHJXODUPHHWLQJLQDFDOHQGDU\HDUZLOOEHVXEMHFW
WRDQDSSRLQWPHQWUHYLHZE\WKHDSSRLQWLQJDXWKRULW\WRGHWHUPLQHLVUHPRYDORIWKH
PHPEHULVQHFHVVDU\RUQRWLQOLJKWRIWKHFLUFXPVWDQFHVWKDWDUHH[LVWLQJDWWKDWWLPH
H ,IIRUDQ\UHDVRQDPHPEHUPXVWEHUHSODFHGWKHUHSODFHPHQWPHPEHUVKDOOVHUYHIRUWKH
UHPDLQGHURIWKHXQILOOHGWHUPRIWKHGHSDUWLQJPHPEHU
,9 0
((7,1*6$1'927,1*
0HHWLQJVVKDOOEHKHOGDWWKHWLPHDQGSODFHGHWHUPLQHGE\WKH:DONRI)DPH&RPPLWWHH
6SHFLDOPHHWLQJVPD\EHUHTXHVWHGE\WKH&KDLUPDQRUE\DPDMRULW\YRWHRIWKH&RPPLWWHH
:ULWWHQRUSKRQHQRWLFHRIVXFKDPHHWLQJVKDOOEHJLYHQWRPHPEHUVDWOHDVWWKUHHGD\VSULRU
WRWKHPHHWLQJ
$TXRUXPVKDOOFRQVLVWRIWKHPDMRULW\RIPHPEHUVSUHVHQWDWDPHHWLQJDQGVKDOOEH
FRQVLGHUHGDQDFWRIWKH:DONRI)DPH&RPPLWWHH
(DFKPHPEHULVHQWLWOHGWRRQHYRWHZLWKYRWLQJJRYHUQHGE\SDUOLDPHQWDU\SURFHGXUH
DFFRUGLQJWR5REHUW¶V5XOHVRI2UGHU
$OOPHHWLQJVVKDOOEHRSHQWRWKHJHQHUDOSXEOLF

9 2
)),&(56
7KHDSSRLQWPHQWRIWKH&KDLUVKDOODOWHUQDWHEHWZHHQWKH&LW\DQGWKH&RXQW\ZLWKWKH&LW\
PDNLQJWKHDSSRLQWPHQWLQRGGQXPEHUHG\HDUVDQGWKH&RXQW\PDNLQJWKHDSSRLQWPHQWLQ
HYHQQXPEHUHG\HDUV7KHJRYHUQLQJERG\PDNLQJWKHDSSRLQWPHQWVKDOOQRWEHOLPLWHGWR
WKHLUDSSRLQWHGPHPEHUVEXWPD\VHOHFWDQ\RQHRIWKHILYHPHPEHUVWRVHUYHDV&KDLU
7KH&KDLUZLOOSUHVLGHRYHUDOOPHHWLQJVDQGGHFLGHDOOSRLQWVRIRUGHUDQGSURFHGXUH7KH
&KDLUZLOOEHWKHRIILFLDOVSRNHVSHUVRQRIWKH:DONRI)DPH&RPPLWWHH
7KH&RPPLWWHHZLOOHOHFWD9LFH&KDLUDQGRWKHURIILFHUVDVGHHPHGQHFHVVDU\7KH9LFH
&KDLUZLOOFDUU\RXWWKH&KDLU¶VGXWLHVLQFDVHRIDEVHQFHLQFDSDFLW\RUUHVLJQDWLRQ
1RPHPEHUVKDOOUHFHLYHDQ\VDODU\RUFRPSHQVDWLRQIRUKLVRUKHUVHUYLFHV
Return to Agenda

9, '
87,(62)7+(0(0%(56
7KH:DONRI)DPH6WHHULQJ&RPPLWWHHPXVWZRUNZLWKLQWKHIROORZLQJSDUDPHWHUV
D 1RUWK&DUROLQD2SHQ0HHWLQJVDQG3XEOLF5HFRUGV/DZV
E 3URMHFWVPXVWXOWLPDWHO\EHDSSURYHGE\ERWKWKH%RDUGRI&RPPLVVLRQHUVDQG
+HQGHUVRQYLOOH&LW\&RXQFLO
7KH&RPPLWWHHZLOOUHSRUWWRWKH%RDUGRI&RPPLVVLRQHUVDQG+HQGHUVRQYLOOH&LW\&RXQFLO
7KH&KDLUPDQVKDOOKDYHJHQHUDOVXSHUYLVLRQDQGFRQWURORIWKHEXVLQHVVDQGDIIDLUVRIWKH
&RPPLWWHH0LQXWHVVKDOOEHNHSWDWDOOPHHWLQJVDQGEHSURYLGHGWRWKHDSSRLQWLQJDXWKRULW\
XSRQUHTXHVW
Return to Agenda
CITY OF HENDERSONVILLE
AGENDA ITEM SUMMARY
Submitted By: Department:
Date Submitted: Presenter:
Date of Council Meeting to consider this item:
Nature of Item:
Summary of Information/Request: Item #
Budget Impact: $_________________ Is this expenditure approved in the current fiscal year
budget? If no, describe how it will be funded.
Suggested Motion: To disapprove any item, you may allow it to fail for lack of a motion.
Attachments:
Sam Fritschner
Legal
24 June 2015
Sam Fritschner
2 July 2015
Council Action
Submitted with this summary are the proposed findings of fact and conclusions of law for the communications tower
application of Skyway Towers, LLC.
05c
0
Yes
I move the City Council adopt the findings of fact and conclusions of law on the special use application of Skyway Towers
LLC.
Proposed findings and conclusions
Return to Agenda
1
STATE OF NORTH CAROLINA BEFORE THE
HENDERSON COUNTY HENDERSONVILLE CITY COUNCIL
FILE NO. P15-9-SUR
IN RE THE APPLICATION OF
SKYWAY TOWERS, LLC,
for a SPECIAL USE PERMIT FOR FINDINGS OF FACT
PIN 9568-25-6736 CONCLUSIONS OF LAW
AND DECISION
This matter came before the Hendersonville City Council on the application of Skyway Towers, LLC for a Special Use
Permit with respect to PIN 9568-25-6736 to establish a communication tower. The property is owned by the City of
Hendersonville and is situated at 427 Armstrong Avenue.
The Special Use Permit process is a requirement for telecommunication
towers located in residentially zoned neighborhoods.
ISSUES
Section 7-4-10.1 of the Zoning Ordinance states, “no special use permit shall be approved by City Council unless each
of the following findings is made.”
(A) The use or development is located, designed, and proposed to be operated so as to maintain or promote the public health,
safety, and general welfare.
(B) There are, or will be at the time they are required, adequate public facilities to serve the use or development as specified in
Section 7-11.
(C) The use or development complies with all required regulations and standards of the Zoning Ordinance or with variances
thereto, if any, granted pursuant to Section 7-4-14, and with all other applicable regulations.
(D) The use or development is located, designed, and proposed to be operated so as to be compatible with the particular
neighborhood in which it is to be located.
(E) The use or development conforms to the general plans for the physical development of the City as embodied in this chapter
and in the
Land Development Plan
(LDP) and the
Thoroughfare Plan
.
(F) City Council may authorize variances in specific cases from the dimensional and improvements standards of the zoning
ordinance upon finding that a literal enforcement of such standards will result in practical difficulty or unnecessary
hardship and so long as the granting of such variance or variances will not result in a use or development which would violate
2
the findings of fact required by Section 7-4-10, above. Variances may not be granted with regard to uses or to intensity.
The burden of establishing these findings of fact shall lie upon the applicant. There exists a legal presumption that a use is
compatible with their neighborhood where the use is permitted.
The zoning ordinance section 16-4-24.4 provides as follows:
Additional Standards for Siting Telecommunications Towers Pursuant to Special Use Permits.
The following standards shall supplement the Basic Standards for Siting Telecommunications Towers contained in Subsection
16-4-23.3 when an application requires the issuance of a special use permit.
a) Setbacks. The tower shall be set back from property lines abutting any residential district or use a distance equal to the tower
height or 200 feet, whichever is greater. Notwithstanding any provision of this ordinance, telecommunications towers erected
on property owned by the United States of America, the State of North Carolina, or any county or municipality, which towers are
used at least in part for the purpose of accommodating emergency services communications antennas, shall be set back from
any residential districts or uses a distance equivalent to the fall radius of the tower being erected or 100 feet, whichever is
greater.
b) Screening. The purpose of this standard is to establish control for the visual quality of telecommunications facilities from
ground level. The screening requirement specified in this paragraph applies to the tower and the land and everything within the
required security fencing including any other building and equipment. The screen shall be a minimum of ten feet of land
supporting an appropriate vegetative screen which shall surround the security fence except for one service access. The
vegetative screen shall consist of two staggered rows of evergreen shrubs on 5-foot centers, six feet tall at time of planting,
unless existing vegetation or topography is determined to provide a screen which is at least as effective as the planted screen. If
the applicant elects to leave additional areas outside the fence, that is, in addition to the required screen, such areas shall either
be landscaped in a manner which is compatible with neighboring properties or shall be left in a natural wooded condition.
c) Feasibility. No special use permit shall be issued for a telecommunications tower unless the applicant proves that there is no
feasible alternative in order to meet the applicant's minimal service level as required by the Federal Communications
Commission. In demonstrating "no feasible alternative" the applicant shall show that collocation of an antenna or antennas or
location of a tower or towers on property which is either unzoned or on which telecommunications towers are permitted uses
will not enable it to meet its minimum service levels. The fact that property which is unzoned or zoned in a classification in
which telecommunications towers are permitted uses costs more than property for which a special use permit is required shall
be immaterial as to the issue of feasibility. So long as suitable property is available for purchase or lease, it shall constitute a
feasible alternative. The City may, in its discretion, employ a communications expert to assess the applicant's proof of
compliance with this standard.
d) Concealment. Only concealed towers as defined in this ordinance or towers which, due to existing topography, vegetation, or
other site conditions, would not be readily visible from adjoining properties, shall be granted special use permits.
3
e) Noise. The tower shall be designed in such a manner that it is not reasonably likely that wind noise associated with the tower
would be audible on adjoining properties.
f) Height. The maximum height for a telecommunications tower requiring a special use permit shall be 100 feet; provided,
however, telecommunications towers erected on property owned by the United States of America, the State of North Carolina,
or any county or municipality and used at least in part for the purpose of accommodating emergency services communications
antennas shall be entitled to a maximum tower height in accordance with the Basic Standards for Siting Telecommunications
Towers as set forth in Paragraph 16-4-24.3(h), above.
g) Planned Development District Exception. Telecommunications towers proposed as part of a PCD Planned Commercial
Development District or a PMD Planned Manufacturing Development District need only comply with the Basic Standards
contained in Section 16-4-24.3, above. Notwithstanding the fact that development in such districts requires the issuance of a
special use permit, such towers are not required to comply with the Additional Standards contained in this section. The applicant
may, however, at its option, propose a tower design which incorporates some or all of these standards.
Section 16-4-24.3 (h) provides:
h) Maximum Height. No telecommunication tower shall exceed 200 feet in height; provided, however, towers may be permitted
up to 220 feet in height if they accommodate an additional antenna and up to 240 feet in height if they accommodate two
additional antennas. No telecommunication towers shall be located on top of buildings. Antennas located on top of buildings or
other structures shall not exceed 25 feet or 30% of the structure’s height, whichever is less. For purposes of this paragraph, the
term “structures” shall be deemed to refer to structures other than telecommunication towers.
The applicant requested a variance from the requirement for a concealed tower.
TESTIMONY
The testimony is reflected in the minutes of the 4 June 2015 regular meeting of the City Council, which minutes are
incorporated herein by reference.
FINDINGS OF FACT
1. The communication tower at the closest point is located 129 feet from the property line and is designed so that it
would yield / buckle at the 70 foot elevation resulting in a maximum 80 foot fall radius should a catastrophic failure
occur.
2. The property is served by adequate electricity to serve the proposed tower. No other utilities are necessary to serve
this structure.
3. A variance from the requirement for a concealed tower has been requested by the applicant. Zoning Ordinance
4
Section 16-4-24.4 (d) Concealment requires telecommunication towers going through the Special Use Permit process
to be concealed unless it is determined that existing topography, vegetation or other site conditions sufficiently screen
the tower from adjoining properties.
4. A neighborhood compatibility meeting concerning the application was held on April 13, 2015. Notice was provided by
U.S. mail to the owners of record of all property situated within 400 feet of the subject property as required by Section
7-4-4.1 of the Zoning Ordinance. Staff included both reservoir parcels when creating the mailing list. Ninety-six
notification letters were sent. No members of the general public were present for the meeting.
5. The 2030 Comprehensive Plan’s Natural Resource/Agricultural category lists “utilities other than stormwater
management” as a secondary recommended land use. The Plan recommends secondary uses be allowed on a case-by-
case basis through special use procedures. The Comprehensive Transportation Plan does not indicate any
improvements to Armstrong Avenue and the proposed tower location is 129 feet from the right-of-way.
CONCLUSIONS OF LAW
1. The use or development is located, designed, and proposed to be operated so as to maintain or promote the public
health, safety, and general welfare;
2. There are adequate public facilities to serve the use or development as specified in Section 7-11;
3. The development complies with all required regulations and standards of the zoning ordinance or with variances
thereto, if any, granted pursuant to Section 7-4-14, and with all other applicable regulations;
4. The tower at its proposed height and specific configuration is incompatible with the neighborhood.
5. The development conforms to the general plans for the physical development of the City as embodied in this
chapter and in the Land Development Plan and the Thoroughfare Plan.
DECISION
For the above reasons,
1. The City Council approves the request for a variance in accordance with the application.
2. The City Council denies the application for a special use permit.
CITY OF HENDERSONVILLE
AGENDA ITEM SUMMARY
Submitted By: Department:
Date Submitted: Presenter:
Date of Council Meeting to consider this item:
Nature of Item:
Summary of Information/Request: Item #
Budget Impact: $_________________ Is this expenditure approved in the current fiscal year
budget? If no, describe how it will be funded.
Suggested Motion: To disapprove any item, you may allow it to fail for lack of a motion.
Attachments:
Sam Fritschner
Legal
24 June 2015
Sam Fritschner
24 June 2014
Council Action
As is necessary in order to justify most special use review decisions, the planning director commonly requests the City
Council to take official notice of several City documents:
All City ordinances including the zoning ordinance;
the zoning map;
the Thoroughfare Plan;
the Land Development Plan, and
the application file.
The Board of Adjustment has for years had in place a procedural rule pursuant to which these and similar documents are
automatically made part of the record without the necessity of having them so recognized separately and specifically by
the Board at every hearing. This saves a little time, speeds continuity, and most important, makes certain that mistakes
or oversights in entering these documents do not prejudice the Board's decision, especially in the event of an appeal.
After consulting with the city manager and staff, I have drafted for the City Council's consideration a resolution by which
the City Council makes automatic the official recognition of all of these documents without the necessity of having them
recognized in each hearing.
05d
0
Yes
I move City Council to adopt the resolution regarding the taking of official notice of certain city documents in all
quasi-judicial hearings.
Proposed resolution
Return to Agenda
RESOLUTION # __________
A RESOLUTION WITH RESPECT TO THE TAKING OF OFFICIAL NOTICE OF
CERTAIN CITY DOCUMENTS AT QUASI-JUDICIAL HEARINGS
WHEREAS the City from time to time holds quasi-judicial hearings pursuant to applicable
law, and
WHEREAS the City Council is routinely requested in the course of these hearings to take
official notice of various City documents, and
WHEREAS to ensure that no defect in the official recognition of certain official documents
prejudices the decisions of the City Council with respect to its quasi-judicial hearings the
City Council has determined to adopt a rule officially recognizing them generally in all City
Council quasi-judicial hearings,
WHEREAS the City Council believes that the recommended changes enhance protection of
employees who may be dismissed,
NOW, BE IT THEREFORE RESOLVED that the City Council determines as follows:
1. For purposes of all quasi-judicial hearings the City Council takes official notice of
all Hendersonville City ordinances including specifically the Zoning Ordinance, and of
the Zoning map, the Thoroughfare Plan, the Land Development Plan, and the
entirety of all official departmental files maintained by any department with respect
to the Special Use Permit or other application under consideration, all without the
necessity of any person or entity requesting such notice. Persons may refer to these
documents without having them separately entered into evidence.
2. This resolution is effective upon its adoption.
1
Return to Agenda
Adopted this second day of July 2015.
_______________________________________________
Barbara Volk
Mayor, City of Hendersonville
ATTEST:
____________________________________
Tammie K. Drake, CMC
City Clerk
2
Return to Agenda
CITY OF HENDERSONVILLE
AGENDA ITEM SUMMARY
Submitted By: Department:
Date Submitted: Presenter:
Date of Council Meeting to consider this item:
Nature of Item:
Summary of Information/Request: Item #
Budget Impact: $_________________ Is this expenditure approved in the current fiscal year
budget? If no, describe how it will be funded.
Suggested Motion: To disapprove any item, you may allow it to fail for lack of a motion.
Attachments:
Tom Wooten
Public Works
June 18, 2015
Tom Wooten
July 2, 2015
Council Action
Residents who live along S. Justice Street and within the Tom's Hill neighborhood have complained about vehicles
speeding on S. Justice Street and Tom's Hill Drive between Kanuga Road and W. Allen Street. The road is very narrow
and it appears that street is being used as a cut through street. Data was collected and there were several vehicles
speeding within that area. There are some sidewalks within this area but not for the full length of street. Residents do
use this street to walk their pets or for exercise. After studying this area and the data, staff supports a speed limit change
from 35 MPH to 25 MPH.
05e
No
I move to approve a resolution reducing the speed limit on S. Justice Street and Tom's Hill Drive from 35 MPH to 25 MPH.
Resolution.
Traffic Count Data.
Return to Agenda
Ordinance #
AN ORDINANCE DESIGNATING THE SPEED LIMIT FOR SOUTH JUSTICE STREETAND TOMS
HILL DRIVE BETWEEN WEST ALLEN STREET AND KANUGA ROAD
WHEREAS: Section 50-142 of the Code of Ordinances of the City of Hendersonville establishes general
speed limits for various districts within the corporate limits of the City of Hendersonville; and
WHEREAS: Section 50-144 of the Code of Ordinances of the City of Hendersonville authorizes the City
Council to determine and impose speed limits that differ from the limits imposed under 50-142; and
WHEREAS: That street known as South Justice Street and Toms Hill Drive, situated in a residential district
within the City of Hendersonville, has been dedicated to public use and accepted and maintained by the
City of Hendersonville as a public street, which pursuant to section 50-142 carries a speed limit of 35
miles per hour; and
WHEREAS: It is the opinion of the City Council, being advised, that for the safety of pedestrians and
others traveling on South Justice Street and Toms Hill Drive, between West Allen Street and Kanuga
Road, the speed limit there ought to be 25 miles per hour;
NOW, BE IT THEREFORE ORDAINED:
1. Pursuant to its powers under 50-144 of the Code of Ordinances of the City of Hendersonville the
City Council hereby designates at 25 miles per hour the speed limit for south Justice Street and Toms
Hill Drive between West Allen Street and Kanuga Road;
2. The Public Works Director is authorized and requested forthwith to cause signs to be placed in
appropriate places conspicuously giving notice of the designated speed limit.
3. This Ordinance shall become effective on the date of its adoption.
Adopted this second day of July, 2015.
Barbara G. Volk, Mayor
Attest:
Tammie K. Drake, MMC, City Clerk
Approved as to form:
Samuel H. Fritschner, City Attorney
Return to Agenda
Statistics Summary Report
S Justice / Toms Hill Dr
(
North
)
Location:
473 Toms Hill Dr, Hendersonville, NC, 28792
Address:
Data Session:
Total Vehicle Count:
Toms Hill Dr
(
North Bound
)
S
p
eed Limit:
318
Re
ort Period:
4/21/2015 to 4/28/2015
Technician Name: Brandon Mund
y
35
Total
Vehicles
Average
Vehicles
Total
Violations
%
Violations
Min. Speed Max. Speed Avg. Speed 85% Speed
00-01
01-02
02-03
03-04
04-05
05-06
06-07
07-08
08-09
09-10
10-11
11-12
12-13
13-14
14-15
15-16
16-17
17-18
18-19
19-20
20-21
21-22
22-23
23-24
Hour
0 0 0 0 % 0 0 0 0
2 0 0 0 % 20 23 22 0
0 0 0 0 % 0 0 0 0
0 0 0 0 % 0 0 0 0
0 0 0 0 % 0 0 0 0
4 1 0 0 % 17 23 20 0
17 3 0 0 % 17 23 21 22
38 6 0 0 % 11 29 19 22
22 4 0 0 % 8 26 16 27
8 1 0 0 % 11 23 17 22
19 3 0 0 % 8 26 17 22
19 3 0 0 % 11 23 18 22
23 4 0 0 % 8 26 18 22
30 5 0 0 % 8 29 19 27
38 6 0 0 % 8 29 19 22
19 3 0 0 % 11 23 19 27
12 2 0 0 % 11 26 20 22
15 2 0 0 % 8 23 17 27
17 3 0 0 % 11 29 19 22
18 3 0 0 % 11 23 17 17
9 2 0 0 % 14 20 18 17
6 1 0 0 % 14 20 17 17
2 0 0 0 % 23 29 26 17
0 0 0 0 % 0 0 0 0
318 52 0 0 % 10 20 19 22
by speed Bins
Count
0...5
5...10
10...15
15...20
20...25
25...30
Total:
Count
Speed
0
14
64
145
65
30
318
SafePace® 100 Management Software by Traffic Logix®
Generated on April 28, 2015 at 9:24 AM
Return to Agenda
Statistics Summary Report
S Justice / Toms Hill Dr
(
South
)
Location:
473 Toms Hill Dr, Hendersonville, NC, 28792
Address:
Data Session:
Total Vehicle Count:
Toms Hill Dr
(
South Bound
)
S
p
eed Limit:
392
Re
ort Period:
4/21/2015 to 4/28/2015
Technician Name: Brandon Mund
y
35
Total
Vehicles
Average
Vehicles
Total
Violations
%
Violations
Min. Speed Max. Speed Avg. Speed 85% Speed
00-01
01-02
02-03
03-04
04-05
05-06
06-07
07-08
08-09
09-10
10-11
11-12
12-13
13-14
14-15
15-16
16-17
17-18
18-19
19-20
20-21
21-22
22-23
23-24
Hour
0 0 0 0 % 0 0 0 0
1 0 0 0 % 20 20 20 0
49 8 0 0 % 8 20 14 0
0 0 0 0 % 0 0 0 0
1 0 0 0 % 23 23 23 0
0 0 0 0 % 0 0 0 0
9 2 0 0 % 8 23 18 0
15 2 0 0 % 17 26 21 22
20 3 0 0 % 8 29 18 22
12 2 0 0 % 17 26 21 27
13 2 0 0 % 14 23 17 27
28 5 0 0 % 8 26 18 22
23 4 0 0 % 11 26 17 17
24 4 0 0 % 11 26 18 22
25 4 0 0 % 8 26 19 22
37 6 0 0 % 8 20 17 22
27 4 0 0 % 8 23 17 17
39 6 0 0 % 8 29 18 17
26 4 0 0 % 8 23 16 17
21 4 0 0 % 11 26 20 17
10 2 0 0 % 11 23 18 22
11 2 0 0 % 11 23 18 22
1 0 0 0 % 20 20 20 17
0 0 0 0 % 0 0 0 0
392 64 0 0 % 10 20 18 21
by speed Bins
Count
0...5
5...10
10...15
15...20
20...25
25...30
Total:
Count
Speed
0
60
67
211
40
14
392
SafePace® 100 Management Software by Traffic Logix®
Generated on April 28, 2015 at 9:25 AM
Return to Agenda
CITY OF HENDERSONVILLE
AGENDA ITEM SUMMARY
Submitted By: Department:
Date Submitted: Presenter:
Date of Council Meeting to consider this item:
Nature of Item:
Summary of Information/Request: Item #
Budget Impact: $_________________ Is this expenditure approved in the current fiscal year
budget? If no, describe how it will be funded.
Suggested Motion: To disapprove any item, you may allow it to fail for lack of a motion.
Attachments:
Tom Wooten
Public Works
June 18, 2015
Tom Wooten
July 2, 2015
Council Action
As discussed at the June 4th meeting, residents in Henderson Village have requested the speed limit be changed from
35 MPH to 25 MPH. Data was collected that indicates there was some people speeding in the neighborhood at the
current speed limit but it didn't seem to be a major problem. However, there are no sidewalks within the Henderson
Village neighborhood so residents use the streets for walking thus creating a potential for accidents. With that in mind,
staff supports the change from 35 MPH to 25 MPH.
05f
No
I move to approve a resolution reducing the speed limit on New Village Drive from 35 MPH to 25 MPH.
Resolution.
Traffic Count Data from New Village Drive.
Return to Agenda
Ordinance #
AN ORDINANCE DESIGNATING THE SPEED LIMIT FOR NEW VILLAGE ROAD BETWEEN HWY
191 AND THE END
WHEREAS: Section 50-142 of the Code of Ordinances of the City of Hendersonville establishes general
speed limits for various districts within the corporate limits of the City of Hendersonville; and
WHEREAS: Section 50-144 of the Code of Ordinances of the City of Hendersonville authorizes the City
Council to determine and impose speed limits that differ from the limits imposed under 50-142; and
WHEREAS: That street known as New Village Drive, situated in a residential district within the City of
Hendersonville, has been dedicated to public use and accepted and maintained by the City of
Hendersonville as a public street, which pursuant to section 50-142 carries a speed limit of 35 miles per
hour; and
WHEREAS: It is the opinion of the City Council, being advised, that for the safety of pedestrians and
others traveling on New Village Drive, between HWY 191 and the end, the speed limit there ought to be
25 miles per hour;
NOW, BE IT THEREFORE ORDAINED:
1. Pursuant to its powers under 50-144 of the Code of Ordinances of the City of Hendersonville the
City Council hereby designates at 25 miles per hour the speed limit for New Village Drive between
HWY 191 and the end;
2. The Public Works Director is authorized and requested forthwith to cause signs to be placed in
appropriate places conspicuously giving notice of the designated speed limit.
3. This Ordinance shall become effective on the date of its adoption.
Adopted this second day of July, 2015.
Barbara G. Volk, Mayor
Attest:
Tammie K. Drake, MMC, City Clerk
Approved as to form:
Samuel H. Fritschner, City Attorney
Return to Agenda
Statistics Summary Report
Henderson Villa
g
e
(
North
)
Location:
, Hendersonville, NC, 28792
Address:
Data Session:
Total Vehicle Count:
Henderson Villa
g
e
(
North
)
S
p
eed Limit:
789
Re
ort Period:
6/1/2015 to 6/7/2015
Technician Name: Brandon Mund
y
35
Total
Vehicles
Average
Vehicles
Total
Violations
%
Violations
Min. Speed Max. Speed Avg. Speed 85% Speed
00-01
01-02
02-03
03-04
04-05
05-06
06-07
07-08
08-09
09-10
10-11
11-12
12-13
13-14
14-15
15-16
16-17
17-18
18-19
19-20
20-21
21-22
22-23
23-24
Hour
2 0 0 0 % 20 23 22 0
7 1 0 0 % 20 35 28 0
1 0 0 0 % 32 32 32 32
0 0 0 0 % 0 0 0 0
5 1 0 0 % 32 35 33 0
2 0 1 50 % 14 38 26 32
4 1 0 0 % 17 20 19 0
32 5 0 0 % 8 32 22 17
38 6 0 0 % 8 32 24 27
77 13 0 0 % 11 35 22 27
90 15 0 0 % 11 35 22 27
71 12 1 1 % 8 38 20 27
51 8 0 0 % 8 35 22 27
39 6 0 0 % 14 35 22 27
80 13 0 0 % 8 32 19 27
27 4 0 0 % 8 29 22 27
26 4 0 0 % 11 32 21 27
26 4 1 4 % 14 38 22 27
24 4 1 4 % 11 41 21 27
7 1 0 0 % 17 29 23 27
75 12 0 0 % 8 32 21 27
21 4 0 0 % 8 20 13 12
84 14 0 0 % 8 11 8 12
0 0 0 0 % 0 0 0 0
789 128 4 2 % 12 29 22 25
by speed Bins
Count
0...5
5...10
10...15
15...20
20...25
25...30
30...35
35...40
40...45
Total:
Count
Speed
0
191
84
193
124
167
26
3
1
789
SafePace® 100 Management Software by Traffic Logix®
Generated on June 8, 2015 at 10:43 AM
Return to Agenda
Statistics Summary Report
Henderson Villa
g
e
(
South
)
Location:
, Hendersonville, NC, 28792
Address:
Data Session:
Total Vehicle Count:
Henderson Villa
g
e
(
South
)
S
p
eed Limit:
779
Re
ort Period:
6/1/2015 to 6/8/2015
Technician Name: Brandon Mund
y
35
Total
Vehicles
Average
Vehicles
Total
Violations
%
Violations
Min. Speed Max. Speed Avg. Speed 85% Speed
00-01
01-02
02-03
03-04
04-05
05-06
06-07
07-08
08-09
09-10
10-11
11-12
12-13
13-14
14-15
15-16
16-17
17-18
18-19
19-20
20-21
21-22
22-23
23-24
Hour
1 0 0 0 % 26 26 26 0
8 1 0 0 % 20 26 22 0
1 0 0 0 % 20 20 20 27
2 0 0 0 % 17 32 24 0
15 2 0 0 % 8 20 14 0
7 1 0 0 % 8 23 16 17
4 1 0 0 % 14 29 21 22
19 3 0 0 % 11 32 19 27
38 5 0 0 % 11 29 21 27
65 9 0 0 % 8 29 22 27
86 12 0 0 % 8 32 20 27
75 11 0 0 % 11 29 21 22
68 10 0 0 % 8 35 23 27
67 10 0 0 % 11 32 23 27
67 10 0 0 % 8 32 22 27
28 4 0 0 % 11 35 25 27
44 6 0 0 % 11 35 23 32
38 5 0 0 % 8 32 24 27
42 6 0 0 % 8 35 22 27
24 3 0 0 % 8 32 20 27
27 4 0 0 % 8 29 21 27
14 2 0 0 % 8 29 20 27
39 6 0 0 % 8 26 18 22
0 0 0 0 % 0 0 0 0
779 111 0 0 % 11 28 21 26
by speed Bins
Count
0...5
5...10
10...15
15...20
20...25
25...30
30...35
Total:
Count
Speed
0
78
87
251
164
171
28
779
SafePace® 100 Management Software by Traffic Logix®
Generated on June 8, 2015 at 10:45 AM
Return to Agenda
CITY OF HENDERSONVILLE
AGENDA ITEM SUMMARY
Submitted By: Department:
Date Submitted: Presenter:
Date of Council Meeting to consider this item:
Nature of Item:
Summary of Information/Request: Item #
Budget Impact: $_________________ Is this expenditure approved in the current fiscal year
budget? If no, describe how it will be funded.
Suggested Motion: To disapprove any item, you may allow it to fail for lack of a motion.
Attachments:
Tom Wooten
Public Works
June 18, 2015
Tom Wooten
July 2, 2015
Council Action
One of our garbage/recycling trucks has been approved for replacement within this budget year. We have found a
replacement truck that is available through the National Joint Powers Alliance (NJPA), which is a national contract
purchasing agency, for $221,996. This method of purchasing has no fees for the City and is allowed by General Statue
143-129(e)(3), which states: "Purchases made through a competitive bidding group purchasing program, which is a
formally organized program that offers competitively obtained purchasing services at discounted prices to two or more
public agencies".
This truck will replace our oldest truck that is in operation (not a backup). The replaced truck will become a backup and
our oldest truck in the fleet will then be sold on govdeals.
05g
221,996
Yes
I move to allow for the purchase of a new garbage/recycling truck through the National Joint Powers Alliance as allowed
by GS 143-129(e)(3).
Quote for the new truck.
Return to Agenda
Carolina Environmental Systems, Inc.
2750 Highway 66 S, Kernersville, NC 27284
2701 White Horse Rd, Greenville, SC 29611
800-239-7796
6-12-15 Crane Carrier
To: City of Hendersonville, NC
Attn: Tom Wooten
Ref: rear loader truck via NJPA….Heil contract # 060612-ESG
Rear Loader Body
Heil model PT 1000
20 cubic yard mid-high compaction
3.0 cubic yard hopper
15 – 17 second cycle time, regen valve
Front mount pump with EOS
Side access door with interlock switch
All LED body lights
Peterson “smart light” LED flashing rear lights
Hopper floor ¼” upgrade vs 3/16”
Broom and shovel rack on tailgate
Bronze slide bearings
Dual rear buzzers
Dual factory cart dumper valving and controls
3 micron filter
Dual front of body LED flashing lights
Broom and shovel rack
5 gallon igloo cooler and bracket
Factory mounting and paint
One year warranty
Mud flaps ahead of rear axle
36” x 18” x 18”steel tool box
Body undercoating
Mud flaps behind rear axle
NJPA base body price $ 64,695.00
CES provided rear frame rail closure plate to minimize garbage falling on to rear
brake chambers $ 200.00
Return to Agenda
CES provided dual Diamondback model 500 tuck-a-way cart dumper, installed
$ 6,480.00
Freight $ 1,500.00
CES rear vision camera system with 7” color, flat screen monitor $ 1,500.00
Total body price NJPA $ 74,375.00
Body delivery; approx 90 days from receipt of chassis.
Chassis
2016 Crane Carrier model LET2 Crew Cab
LH drive only, dual bi-fold doors
Cummins ISL 300 HP, 860 ft lbs torque
Allison model 3500 RDS automatic transmission
Refuse special brakes
138” CA
20,000 lbs front axle
30,000 “ rear “
Other: AM/FM, air dryer, air conditioning, block heater, battery disconnect, dual
circulating fans
NJPA base chassis price $ 147,621.00
Chassis delivery: 90-100 days from receipt of order
Total NJPA price including all of the above $ 221,996.00
Delivery, chassis and body: approx 180-200 days
We appreciate the opportunity to submit this quotation. If you have questions or need
additional information, please do not hesitate to contact me.
Sincerely,
Matt Keeble
Matt Keeble
Return to Agenda
CITY OF HENDERSONVILLE
AGENDA ITEM SUMMARY
Submitted By: Department:
Date Submitted: Presenter:
Date of Council Meeting to consider this item:
Nature of Item:
Summary of Information/Request: Item #
Budget Impact: $_________________ Is this expenditure approved in the current fiscal year
budget? If no, describe how it will be funded.
Suggested Motion: To disapprove any item, you may allow it to fail for lack of a motion.
Attachments:
Brian Pahle
Administration
06/01/15
Brian Pahle
07/02/15
Council Action
Upon the adoption of the Budget Ordinance for fiscal year 2015-2016, the Council has approved the expenditure of funds
for a variety of purposes. One of those purposes was the addition and revision of several job descriptions. There are a
total of fifteen (15) job descriptions that require some sort of revision.
The revisions fall into groups, as detailed:
Administration (4)
Development Assistance (4)
Water & Sewer (5)
Environmental Services (1)
Legal (1)
In addition, the pay scale will be revised to include new and revised positions, as detailed in the agenda packet. The pay
scale includes a 0.5% increase recommended by the City Manager. This 0.5% increase is in line with the market
adjustment provided to employees in the annual budget FY15-16. The pay scale also includes a hiring rate. The
following memo will provide a summary of the changes.
Please see the attached memo and pay scale for details.
Reference the "Job_Descriptions_July_Council" pdf document for all of the job descriptions in their entirety.
05h
0
Yes
Funded through adopted budget FY15-16
I move to approve the revised job descriptions and pay scale as presented.
See Below... Also see "Job_Descriptions_July_Council" document for all of the job descriptions in their entirety.
CITY COUNCIL MEMORANDUM
To:
MAYOR VOLK & CITY COUNCIL
From:
BRIAN PAHLE, BUDGET AND MANAGEMENT ANALYST
Subject:
Revised Job Descriptions
Date:
June 1, 2015
cc:
JOHN CONNET, CITY MANAGER
Introduction
Upon the adoption of the Budget Ordinance for fiscal year 2015-2016, the Council has approved
the expenditure of funds for a variety of purposes. One of those purposes was the addition and
revision of several job descriptions. There are a total of fifteen (15) job descriptions that require
some sort of revision.
The revisions fall into groups, as detailed:
Administration (4)
Development Assistance (4)
Water & Sewer (5)
Environmental Services (1)
Legal (1)
In addition, the pay scale will be revised to include new and revised positions, as detailed in the
agenda packet. The following memo will provide a summary of the changes.
Administration
Main Street/Economic Development Director
This position has been reevaluated by the City Manager and is proposed to change to the
Downtown Economic Development Director. The change is to reflect the positions
responsibilities not just over Main Street but over the total Downtown, which includes the 7
th
Avenue MSD. This individual will also serve on the City’s Management Team.
Special Event and Promotion Assistant
This position has never been formerly added to the pay scale. In doing so, a formal job
description must be created. The title of this position was revised to Promotions Coordinator for
simplicity, clarity, and future needs.
Public Information Officer
This position has never been formerly added to the pay scale. In doing so, a formal job
description must be created. This position’s job description is in line with other descriptions in
the State.
Assistant to City Manager
This job description is being created to better serve the duties and responsibilities required of the
current Budget & Management Analyst. This job description will allow the individual to expand
on their current roles, serve as an intermediate and representative in the City Manager’s absence,
and supervise departments and individuals at the City Manager’s discretion.
Development Assistance
This Department was created as a result of service oriented merger between the City’s Planning
and Zoning Departments. The new organizational structure required a director position which
resulted in changes in all of the job descriptions within the previous departments. The main
changes dealt with supervision roles under the new director position. The following positions
were created or revised:
Development Assistance Director
Planning Director
Zoning Code Enforcement Officer
Deputy Fire Marshal
No revisions were required for the Planner and Administrative Aide positions.
Water & Sewer
The Water and Sewer Fund had a variety of changes previously discussed in the City’s budget
workshop. To summarize, the Fund will have two new positions, the removal of two older
positions, and the addition of three positions in place of the two old ones. The two new positions
are an Inflow and Infiltration Technician and a Leak Detection Technician. Additionally, the
previous Treatment Plant Operator and Senior Treatment Plant Operator will be removed in
exchange for three positions, Treatment Plant Operator I, II, & III. The changes in the treatment
plants are being done to address organizational structure and behavioral issues that permeate
from equity discrepancies with other treatment plants around the State. These changes are
further detailed in the “Certification and Training Policy Memo” provided in the City’s July
agenda.
Environmental Services
The recommended budget for FY15-16 includes funding for a reclassification of an Equipment
Operator position to an Environmental Services Crew Leader position. This will assist the
supervisor in leading shifts and taking care of other various administrative responsibilities. The
Department does not currently have a crew leader position.
Legal
Paralegal
This position has never been formerly added to the pay scale. In doing so, a formal job
description must be created. The job description includes all the responsibilities and duties of the
position and is in line with statewide standards.
Pay Scale Revisions
The following table details all of the effected job descriptions and their respective pay grade.
Job Title
Grade
Assistant to City Manager
15
Deputy Fire Marshal
13
Development Assistance Director
24
Downtown Economic Development Director
23
Environmental Services Crew Leader
10
Inflow & Infiltration Technician
11
Leak Detection Technician
11
Paralegal
14
Planning Director
24
Promotions Coordinator
11
Public Information Officer
11
Treatment Plant Operator I
8
Treatment Plant Operator II
10
Treatment Plant Operator III
12
Zoning Code Enforcement Officer
11
The Treatment Plant Operator and Senior Treatment Plant Operator positions will be removed
from the pay scale for Fiscal Year 2015-2016.
GRADE HIRING RATE MIN MID MAX
Position
City of Hendersonville
Position Allocation to Salary Range
1 20,554.51 21,582.24 27,267.19 31,278.62
2 21,585.53 22,664.81 27,214.78 32,844.04
3 22,662.66 23,795.79 28,572.72 34,482.78
4 23,794.27 24,983.99 30,000.34 36,206.40
5 24,985.61 26,234.89 31,501.82 38,018.03
6 26,235.62 27,547.41 33,077.70 39,919.77
7 27,546.41 28,923.73 34,731.11 41,915.81
8 28,924.26 30,370.47 36,467.82 44,011.39
9 30,370.21 31,888.72 38,293.07 46,215.94
Treatment Plant Operator I
Recycle Worker
Recycle Truck Driver
Sr. Police Support Specialist
Accounting Technician
Building Maintenance Tech
Equipment Mechanic
Firefighter/EMT
Administrative Support Specialist
Customer Services Specialist
Equipment Operator
Police Support Specialist
Facility Maintenance Mechanic
Police Telecommunicator
Lead Telecommunicator
Property Maintenance Crewleader
Traffic Enforcement Officer
Utility Locations Specialist
Warehouse Specialist
Sr. Line Maintenance Mechanic
Street Maintenance Worker II
Meter Reader
Environmental Services Truck Driver
Office Assistant
Line Maintenance Mechanic
Environmental Services Equipment Operator
Equipment Service Attendent
Field Customer Service Specialist
Meter Maintenance Mechanic
Street Maintenance Worker I
Environmental Services Worker
Property Maintenance Worker
GRADE HIRING RATE MIN MID MAX
Position
City of Hendersonville
Position Allocation to Salary Range
10 31,888.45 33,482.88 40,204.24 48,520.03
11 33,483.19 35,157.35 42,215.48 50,947.76
12 35,156.52 36,914.34 44,315.25 53,494.94
13 36,916.80 38,762.64 46,544.42 56,172.05
14 38,763.01 40,701.16 48,870.52 58,978.03
Environmental Services Crew Leader
Inflow & Infiltration Technician
Leak Detection Technician
Paralegal
Promotions Coordinator
Public Information Officer
Treatment Plant Operator II
Treatment Plant Operator III
Meter Services Supervisor
Police Sergent
Environmental Services Supervisor
Street Maintenance Supervisor
Treatment Plant Supervisor
GIS Analyst
Collections & Distribution Systems Supervisor
Police Communications & Technology Manager
Utilites Operations Support Supervisor
Police Detective
Environmental Services Coorindator W/S
City Tax Collector
Budget & Management Analyst
Senior Customer Service Specialist
Administrative Aide
Building Maintenance Supervisor
Fire Lieutenant
Deputy Fire Marshal
Fleet Maintenance Superintendent
Laboratory Supervisor
Senior Facility Maintenance Mechanic
Traffic Control Technician
Utility Operations Support Specialist
Equipment Services Specialist
Fire Engineer
Line Maintenance Crewleader
Zoning Code Enforcement Officer
Property Maintenance Supervisor
Street Maintenance Crewleader
Laboratory Technician
Police Officer
Senior Administrative Support Specialist
Senior Accounting Technician
GRADE HIRING RATE MIN MID MAX
Position
City of Hendersonville
Position Allocation to Salary Range
15 40,698.28 42,733.19 51,314.49 61,930.70
16 42,734.13 44,870.84 53,879.48 65,024.83
17 44,869.53 47,113.01 56,572.30 68,275.07
18 47,113.90 49,469.59 59,402.91 71,691.92
19 49,471.43 51,945.00 62,372.35 75,273.27
20 51,943.16 54,540.32 65,489.52 79,035.88
21 54,540.64 57,267.67 68,766.49 82,992.34
22 57,265.94 60,129.24 72,202.72 87,139.49
23 58,978.03 61,926.93 75,237.64 91,497.25
Assistant to City Manager
Downtown Economic Development Director
Information Technology Director
Senior Accounting Supervisor
Revenue Accounting Supervisor
Utilities Engineer
Fire Chief
Assistant Utilities Director
Human Resources Director
Police Captain
Assistant Police Chief
Assistant Public Works Director
Civil Engineer
Constructions Inspector
Fire Captain
Investigations Lieutenant
Police Lieutenant
Planner
Facility Maintenance Superintendent
Accountant
Electrical and Instruction Technician
GIS Administrator
City Clerk
Main Street / Economic Development Director
Fire Marshal
Treatment Plant Superintendent
Assistant Finance Director
Deputy Fire Chief
Zoning Administrator
Tech & Metering Manager
Engineering Technician
GRADE HIRING RATE MIN MID MAX
Position
City of Hendersonville
Position Allocation to Salary Range
Below is a summary of the grades and scale:
24 63,136.71 66,293.54 79,604.83 96,072.95
25 66,296.84 69,611.69 83,585.39 100,873.93
26 69,612.05 73,092.66 87,767.64 105,923.23
Development Assistance Director
Utilities Director
Finance Director
Planning Director
Public Works Director
Police Chief
City Engineer
GRADE HIRING RATE MIN MID MAX
1 20,554.51$ 21,582.24$ 27,267.19$ 31,278.62$
2 21,585.53$ 22,664.81$ 27,214.78$ 32,844.04$
3 22,662.66$ 23,795.79$ 28,572.72$ 34,482.78$
4 23,794.27$ 24,983.99$ 30,000.34$ 36,206.40$
5 24,985.61$ 26,234.89$ 31,501.82$ 38,018.03$
6 26,235.62$ 27,547.41$ 33,077.70$ 39,919.77$
7 27,546.41$ 28,923.73$ 34,731.11$ 41,915.81$
8 28,924.26$ 30,370.47$ 36,467.82$ 44,011.39$
9 30,370.21$ 31,888.72$ 38,293.07$ 46,215.94$
10 31,888.45$ 33,482.88$ 40,204.24$ 48,520.03$
11 33,483.19$ 35,157.35$ 42,215.48$ 50,947.76$
12 35,156.52$ 36,914.34$ 44,315.25$ 53,494.94$
13 36,916.80$ 38,762.64$ 46,544.42$ 56,172.05$
14 38,763.01$ 40,701.16$ 48,870.52$ 58,978.03$
15 40,698.28$ 42,733.19$ 51,314.49$ 61,930.70$
16 42,734.13$ 44,870.84$ 53,879.48$ 65,024.83$
17 44,869.53$ 47,113.01$ 56,572.30$ 68,275.07$
18 47,113.90$ 49,469.59$ 59,402.91$ 71,691.92$
19 49,471.43$ 51,945.00$ 62,372.35$ 75,273.27$
20 51,943.16$ 54,540.32$ 65,489.52$ 79,035.88$
21 54,540.64$ 57,267.67$ 68,766.49$ 82,992.34$
22 57,265.94$ 60,129.24$ 72,202.72$ 87,139.49$
23 58,978.03$ 61,926.93$ 75,237.64$ 91,497.25$
24 63,136.71$ 66,293.54$ 79,604.83$ 96,072.95$
25 66,296.84$ 69,611.69$ 83,585.39$ 100,873.93$
26 69,612.05$ 73,092.66$ 87,767.64$ 105,923.23$
CITY OF HENDERSONVILLE
AGENDA ITEM SUMMARY
Submitted By: Department:
Date Submitted: Presenter:
Date of Council Meeting to consider this item:
Nature of Item:
Summary of Information/Request: Item #
Budget Impact: $_________________ Is this expenditure approved in the current fiscal year
budget? If no, describe how it will be funded.
Suggested Motion: To disapprove any item, you may allow it to fail for lack of a motion.
Attachments:
John Connet
A
dministration
6/25/2015
John Connet
7/2/2105
Council Action
I am proposing to use existing funding to reclassify Lu Ann Welter's existing position and create a Code Enforcement
Officer position. The attached memorandum provides a complete review of this request.
05i
56,700 +/-
Yes
Funding is available in the General Fund and Water and Sewer Fund
I move that City Council approve the reclassification of the Planning Administrative Aide to a Human Resource
Coordinator and create the Code Enforcement Officer position.
Memorandum from City Manager John Connet
Return to Agenda
CITY OF HENDERSONVILLE
AGENDA ITEM SUMMARY
Submitted By: Department:
Date Submitted: Presenter:
Date of Council Meeting to consider this item:
Nature of Item:
Summary of Information/Request: Item #
Budget Impact: $_________________ Is this expenditure approved in the current fiscal year
budget? If no, describe how it will be funded.
Suggested Motion: To disapprove any item, you may allow it to fail for lack of a motion.
Attachments:
Brian Pahle
A
dministration
06/18/15
Brian Pahle
07/02/15
Council Action
A resolution to adopt the "Treatment Plant Employment and Compensation" policy. The resolution, policy, and memo
highlighting the effects of the policy are attached below.
05j
Yes
I move Council approve the attached resolution adopting the Treatment Plant Employment and Compensation Policy.
See below...
Return to Agenda
CITY COUNCIL MEMORANDUM
To:
MAYOR VOLK & CITY COUNCILMEMBERS
From:
BRIAN PAHLE, BUDGET AND MANAGEMENT ANALYST
S
ubject:
Treatment Plant Employment & Certification Policy
D
ate:
May 11, 2015
cc:
JOHN CONNET, CITY MANAGER
JENNIFER HARREL, HUMAN RESOURCES DIRECTOR
LEE SMITH, UTILITIES
DIRECTOR
RON REID, TREATMENT PLANT SUPERINTENDENT
VINCENT EDWARDS, TREATMENT PLANT SUPERINTENDENT
In preparation for budget adoption, management, along with treatment plant staff, have prepared a
recommendation for City Council, addressing the equitable compensation of treatment plant employees
within the City of Hendersonville. The Policy provides three major changes including:
1. Job Descriptions/Org. Structure
2. One-time Bonus Opportunity
3. Shift Differential Pay
Job Descriptions/Org. Structure
In accordance with conversations from City Staff, the recommended changes will provide an avenue for
compensation through the organizational hierarchy or structure. The State certifications listed in these
changes are critical requirements for the job and in a concurrence with that, provided the outline for the
revised organizational structure.
Before
After
SUPERINTENDENT
GRADE 17
TREATMENT
PLANT
SUPERVISOR
GRADE 14
TREATMENT
PLANT OPERATOR
III
GRADE 12
TREATMENT
PLANT OPERATOR
II
GRADE 10
TREATEMENT
PLANT OPERATOR I
GRADE 8
LABORATORY
SUPERVISOR
GRADE 13
LABORATORY
TECH.
GRADE 10
SUPERINTENDENT
GRADE 17
TREATMENT
PLANT
SUPERVISOR
GRADE 13
SR. TREATMENT
PLANT OPERATOR
GRADE 10
TREATMENT
PLANT OPERATOR
GRADE 8
LABORATORY
SUPERVISOR
GRADE 13
LABORATORY
TECH.
GRADE 10
Return to AgendaReturn to Agenda
An employee who enters the organization will move up the hierarchy in the following manner:
Treatment Plant Operator I | Requires a C or Level 1 State Certification
o Grade 8 | Range $28,924.26 - $44,011.39
Treatment Plant Operator II | Requires a B or Level 2 State Certification
o Grade 10 | Range $31,888.45 - $48,520.03
Treatment Plant Operator III | Requires an A or Level 3 State Certification
o Grade 12 | Range $35,156.52 - $53,494.94
Upon successful attainment of the required State certification an employee shall be promoted to the next
level of Treatment Plant Operator.
*Promotion Dictates an Increase by 5% or to the Minimum of the New Range, Whichever is Greater*
This outline provides recognition and compensation for employees who receive State certifications by
providing promotional opportunities within the organization structure. In the prior structure, the
employee could only advance one level, to a “Sr. Treatment Plant Operator”. The new proposed
structure, provides an additional level for the higher certifications. However, there is a higher level in the
Wastewater Treatment Plant certification process and its means of compensation will be detailed in the
next section.
The table below details the predicted changes in salaries if the policy is adopted:
One-Time Bonus Opportunity
Upon reaching the “Treatment Plant Operator IIIlevel and employee shall be eligible for a one-time
bonus of 2.5% of the employee’s current salary. This bonus is meant to compensate employees for
reaching the highest level of certifications. The Wastewater Treatment Plant has a level 4 certification
that qualifies for this one-time bonus. In an effort to provide the most equitable process, the State’s
Physical Chemical Grade I certification will be made available for a one-time bonus for Water Treatment
CURRENT
SALARY
ACTION NEW DESCRIPTION NEW SALARY
DIFFERENCE
67,935.39$ NO CHANGE SUPERINTENDENT 67,935.39$ -$
55,
892.58$ NO CHANGE LABORATORY SUPERVISOR 55,892.58$ -$
41,
977.03$ MOVE TO GRADE 14 TREATMENT PLANT SUPERVISOR 44,075.88$
2,098.85
$
38,
281.62$ NO CHANGE LABORATORY TECH. 38,281.62$ -$
31,
677.80$ MOVE TO GRADE 12 TREATMENT PLANT OPERATOR III 35,156.52$
3,478.72
$
43,
792.43$ MOVE TO GRADE 10 TREATMENT PLANT OPERATOR II 45,982.05$
2,189.62
$
34,
894.63$ NO CHANGE TREATMENT PLANT OPERATOR I 34,894.63$ -$
35,
702.21$ MOVE TO GRADE 12 TREATMENT PLANT OPERATOR III 37,487.32$
1,785.11
$
31,
368.76$ MOVE TO GRADE 10 TREATMENT PLANT OPERATOR II 32,937.20$
1,568.44
$
59,
172.28$ NO CHANGE SUPERINTENDENT 59,172.28$ -$
55,
892.58$ MOVE TO GRADE 14 TREATMENT PLANT SUPERVISOR 58,687.21$
2,794.63
$
30,
691.48$ MOVE TO GRADE 10 TREATMENT PLANT OPERATOR I 32,226.05$
1,534.57
$
48,
074.22$ MOVE TO GRADE 12 TREATMENT PLANT OPERATOR III 50,477.93$
2,403.71
$
32,
869.97$ MOVE TO GRADE 12 TREATMENT PLANT OPERATOR III 35,156.52$
2,286.55
$
33,
240.96$ MOVE TO GRADE 12 TREATMENT PLANT OPERATOR III 35,156.52$
1,915.56
$
32,
449.52$ MOVE TO GRADE 12 TREATMENT PLANT OPERATOR III 35,156.52$
2,707.00
$
29,
212.58$ MOVE TO GRADE 10 TREATMENT PLANT OPERATOR II 31,888.45$
2,675.87
$
31,
458.76$ MOVE TO GRADE 10 TREATMENT PLANT OPERATOR II 33,031.70$
1,572.94
$
26,105.10$ MOVE TO GRADE 08 TREATMENT PLANT OPERATOR I 28,924.26$ 2,819.16$
26,105.10$ MOVE TO GRADE 08 TREATMENT PLANT OPERATOR I 28,924.26$ 2,819.16$
WASTEWATER TREATMENT PLANT
WATER TREATMENT PLANT
Return to AgendaReturn to Agenda
Plant employees. These bonuses are only available upon reaching “Treatment Plant Operator III” and
only available for the specific treatment plant as detailed above.
These bonuses will not be applied retroactively. Only certifications received on or after July 1
st
, 2015
will be eligible.
Shift Differential Pay
The final piece of the Treatment Plant Employment and Certification Policy is the adoption of shift
differential pay. Shift Differential Pay provides compensation for those employees who work on second
and third shift. Employees, and their families, endure great sacrifices for the City by working on these
late shifts. These shifts require a different lifestyle and this recommendation recognizes that and seeks to
provide equitable compensation for such a sacrifice. The following details the recommended
compensation per shift:
Shift 2 | An Additional $0.50 per Hour
Shift 3 | An Additional $0.75 per Hour
**IMPORTANT**
Any employees working on shift 2 or shift 3 will need to be communicated to the City’s Finance
Department. The Treatment Plant Superintendents will be responsible for updating the Payroll and
Benefits Coordinator upon any changes in shift workers.
Return to AgendaReturn to Agenda
Resolution #15-xxxx
A RESOLUTION TO ADOPT THE CITY OF HENDERSONVILLE TREATMENT PLANT EMPLOYMENT AND
COMPENSATION POLICY
WHEREAS, The Hendersonville City Council hereby establishes a structured and equitable
process allowing departmental personnel the opportunity to obtain job-related state
certification(s), continuing education training required to maintain state certification(s) and
other professional and technical training and development, and
WHEREAS, Many positions in the department require some level of state certification
associated with water and wastewater utilities, including operations personnel,
distribution/collection system personnel, chief operators, superintendents and director, and
WHEREAS, The City of Hendersonville’s pay and classification system is formatted in a way
as to compensate water treatment and wastewater treatment personnel for the achievement
and possession of North Carolina State certifications, and
WHEREAS, The City and/or other regulatory agencies may require individuals holding
professional certificates and/or licensing to attend continuing education training each calendar
(or fiscal year) in order to maintain said certification and/or licensing, and
WHEREAS, Continuing education and other professional and technical training is intended
to enhance staff’s professional development and allow individuals the opportunity to stay
current with regulatory and process requirements that affect what they do each day, and
WHEREAS, Compensation will be permanent as the City’s Personnel Policy Article III,
Section VIII dictates, and
WHEREAS, No compensation will be awarded retroactively. Employees are eligible for
compensation upon policy adoption.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HENDERSONVILLE THAT:
Section 1. The City Council hereby adopts the City of Hendersonville Treatment Plant
Employment and Compensation Policy.
Section 2. This resolution shall become effective upon its adoption and approval.
Return to AgendaReturn to Agenda
Adopted this second day of July 2015.
ATTEST:
__________________________ ____________________
Tammie K. Drake, MMC, City Clerk Barbara G. Volk, Mayor
Return to AgendaReturn to Agenda
1
CITY OF HENDERSONVILLE
Policy Number:
Adopted by
Resolution
Number:
Policy Name:
Treatment Plant Employment and
Compensation Policy
Date Adopted by
City Council:
July 2
nd
, 2015
PURPOSE: Establish a structured and equitable process allowing departmental personnel
the opportunity to obtain job-related state certification(s), continuing education
training required to maintain state certification(s) and other professional and
technical training and development.
PROCEDURE:
1. Required Certification
a. Many positions in the department require some level of state certification associated
with water and wastewater utilities, including operations personnel,
distribution/collection system personnel, chief operators, superintendents and
director.
b. In addition to those positions requiring state certification(s), the department may
have personnel that were once certified in one (1) or more disciplines but currently
work in a job that may not require said certification(s). In most cases, it would be in
the best interest of the City and the City’s personnel to encourage those employees
to maintain at least that level of certification(s), unless determined otherwise by the
employee’s supervisor and/or director.
2. Probationary Period
a. In accordance with the City’s personnel policy, Article IV, Section 4, all employees
hired to fill permanent positions with the City shall serve a probationary period
(employment), a period not less than six (6) months. Probationary periods may be
extended up to six (6) months, in addition to the original six (6) months, due to poor
or unsatisfactory performance. Where certification or license by a regulatory agency is
required of the employee in order for that employee to perform the job for which he or
she is hired, that employee shall be given twelve (12) months from the time that
employee becomes eligible to obtain said certification or license. Failure to obtain or
regain said certification or license within the designated period shall be cause for
immediate dismissal without the necessity of procedures outlined under the City of
Hendersonville Personnel Policy, Article IX (Unsatisfactory Job Performance and
Detrimental Personal Conduct) Section 3 (Communication and Warning Procedures
Preceding Disciplinary Action for Unsatisfactory Job Performance).
3. Certification Training
Employees required to attend training to fulfill the above referenced certification or
licensing requirement shall complete application/registration forms and make
arrangements for room and board through their supervisor and the Finance Department,
in accordance with the City’s Travel Expense Reimbursement Policy (Adopted October
10, 2002 or most current version). The first attempt to acquire said certification,
Return to AgendaReturn to Agenda
2
including room, board and application/examination fees, will be paid by the City. If the
first attempt is unsuccessful, all attempts thereafter shall be the sole responsibility of that
employee including room, board, registration fees, and application/examination fees.
When the employee is successful in passing the examination and acquires the required
certification/licensing, the City shall reimburse that employee for room, board,
registration fees, application/examination fees and all other eligible expenditures
associated with the successful attempt only, in accordance with the City’s Travel
Expense Reimbursement Policy.
4. Continuing Education and Other Professional and Technical Training
a. The City and/or other regulatory agencies may require individuals holding
professional certificates and/or licensing to attend continuing education training each
calendar (or fiscal year) in order to maintain said certification and/or licensing. It shall
be the Department’s policy to provide all affected staff the opportunity to attend said
training whenever scheduling and budgets will allow.
b. An employee desiring to attend job-related training shall first receive written approval
from his or her supervisor. If the training is not considered “job-related” it must be
justified by the employee’s supervisor prior to proceeding to the next step.
c. The registration and application/examination forms shall be completed by the
employee and the supervisor and then submitted to the Finance Department for
processing.
d. Continuing education and other professional and technical training is intended to
enhance staff’s professional development and allow individuals the opportunity to
stay current with regulatory and process requirements that affect what they do each
day. For this reason, it shall be the intention of this procedure to encourage
employees to diversify their training opportunities from year to year within their
chosen discipline (i.e., water treatment plant operator, distribution specialist, etc.)
and not repeat the same training in two (2) consecutive years, unless approved by
their supervisor and director prior to attending training.
e. If the total expenditure for an individual’s training exceeds $500, said training request
shall be accompanied by a memorandum explaining the need for the training, in
detail, and a justification for said training by the employee and his or her supervisor.
If the request is made without accompanying justification, the request shall be
returned to the sender. This training shall be approved by the director prior to
processing registration and application/examination forms.
5. Certification Renewal
It shall be the responsibility of each individual maintaining certification or licensing to
obtain all annual renewal invoices either at their personal residence, post office box, or
through the City. It shall be the responsibility of those individuals to get their renewal
notices to the appropriate departmental staff member prior to the required deadline in
order to allow payment of all invoices at one time. This allows the accounts payable to
pay all invoices at once and greatly reduces paperwork. If an individual fails to meet this
deadline that individual shall be responsible for paying the invoice, including late fees
and other charges, in full.
Return to AgendaReturn to Agenda
3
6. Certification Compensation
a) The City of Hendersonville’s pay and classification system is formatted in a way
as to compensate water treatment and wastewater treatment personnel for the
achievement and possession of North Carolina State certifications. As City water
and wastewater employees receive specific certifications they are promoted
through the three levels of operators. The details are as follows:
o Water Operator’s Grade C and/or Wastewater Operator’s Grade I = Grade 8
o Water Operator’s Grade B and/or Wastewater Operator’s Grade II = Grade 10
o Water Operator’s Grade A and/or Wastewater Operator’s Grade III = Grade 12
Upon possession of said certification the Department Head will file a Personnel
Action Form (PAF), attach the proof of certification, and submit it to the Human
Resources Department.
Compensation will be permanent as the City’s Personnel Policy Article III,
Section VIII dictates “When an employee is promoted, the employee’s salary
shall normally be advanced to the hiring rate of the new position, or to a salary
which provides an increase of at least approximately 5% over the employee’s
salary before the promotion, whichever is greater.
b) In addition, water and wastewater personnel are eligible for an additional one-
time compensation of 2.5% of their current salary reference. The following one-
time compensations are detailed below and are permissible under the following
conditions:
o Water Operator’s Physical and Chemical certification of North Carolina
i. The following certification will be compensated only after an
employee has reached a Treatment Plant Operator III
o Wastewater Operator’s Grade IV certification of North Carolina
i. The following certification will be compensated only after an
employee has reached a Treatment Plant Operator III
Upon possession of said certification the Department Head will file a Personnel
Action Form (PAF) and submit it to the Human Resources Department.
**NOTE** No compensation will be awarded retroactively. Employees are eligible for
compensation beginning July 1
st
, 2015.
Return to AgendaReturn to Agenda
Return to AgendaReturn to Agenda
CITY OF HENDERSONVILLE
AGENDA ITEM SUMMARY
Submitted By: Department:
Date Submitted: Presenter:
Date of Council Meeting to consider this item:
Nature of Item:
Summary of Information/Request: Item #
Budget Impact: $_________________ Is this expenditure approved in the current fiscal year
budget? If no, describe how it will be funded.
Suggested Motion: To disapprove any item, you may allow it to fail for lack of a motion.
Attachments:
Rhonda Wiggins
Water/Sewer
June 16, 2015
Lee Smith
July 2, 2015
Council Action
Dodd Meadows, Phase 2
This is a request to extend lines to provide water and sewer services to phase two of the existing Habitat for Humanity
Subdivision, Dodd Meadows. This phase will serve 19 units.
This phase requires approximately 656 lf of water line and 688 lf of sewer line.
The cost of this extension is to be paid by Henderson County Habitat for Humanity.
This project is under the reviewing jurisdiction of Henderson County. The Master Plan was approved in October 2011.
05k
0
No
The cost of this extension is to be paid by Henderson County Habitat for Humanity.
I move to accept this utility extension and to authorize the City Manager to execute the associated utility extension
agreement.
Return to AgendaReturn to Agenda
CITY OF HENDERSONVILLE
AGENDA ITEM SUMMARY
Submitted By: Department:
Date Submitted: Presenter:
Date of Council Meeting to consider this item:
Nature of Item:
Summary of Information/Request: Item #
Budget Impact: $_________________ Is this expenditure approved in the current fiscal year
budget? If no, describe how it will be funded.
Suggested Motion: To disapprove any item, you may allow it to fail for lack of a motion.
Attachments:
Rhonda Wiggins
Water/Sewer
June 16, 2015
Lee Smith
July 2, 2015
Presentation Only
Warm Company Expansion
This is a request to provide additional water service to the expansion of the existing Warm Company. This expansion will
serve a 136,000 sq ft warehouse facility.
This expansion was approved by the Henderson County Technical Review Committee March 3, 2015
This expansion will consist of approximately 665 lf of 8" water line.
The cost of this extension will be paid by Warm Company Products, Inc.
05l
0
No
The cost of this extension will be paid by Warm Company Products, Inc.
I move to accept this utility extension and to authorize the City Manager to execute the associated utility extension
agreement.
Return to AgendaReturn to Agenda
CITY OF HENDERSONVILLE
AGENDA ITEM SUMMARY
Submitted By: Department:
Date Submitted: Presenter:
Date of Council Meeting to consider this item:
Nature of Item:
Summary of Information/Request: Item #
Budget Impact: $_________________ Is this expenditure approved in the current fiscal year
budget? If no, describe how it will be funded.
Suggested Motion: To disapprove any item, you may allow it to fail for lack of a motion.
Attachments:
Tammie Drake
A
dministration
06.24.15
Barbara Volk
07.02.15
Council Action
Consideration of Proclamation for “Korean War Veterans Recognition Day”. Council Member Miller requested this
proclamation honoring the veterans of the Korean War. Someone will be present to accept the proclamation.
06
None
Yes
I move Council to approve the Proclamation for Korean War Veterans Recognition Day.
Proclamation
Return to AgendaReturn to Agenda
PROCLAMATION
WHEREAS, the Korean War started on June 25, 1950 and ended on July 27, 1953; and
WHEREAS, more than over 40,000 American soldiers died in the Korean War and more than
100,000 were wounded; and
WHEREAS, in 2009, President Barack Obama signed HR 2632, "The Korean War Veterans
Recognition Act"; and
WHEREAS, this Act added National Korean War Veterans Armistice Day to the list of days on which
the display of the flag of the United States is encouraged; and
WHEREAS, 2015 marks the sixty-fifth anniversary of the beginning of the Korean War and this
Council wishes to recognize July 27 as Korean War Veterans Recognition Day in honor
of those who gave the ultimate sacrifice in Korea; and
WHEREAS, this Board further recognizes our Korean War Veterans who deserve our unending
respect and gratitude for their courageous actions in pursuit of freedom and
democracy.
NOW, THEREFORE, the City Council of the City of Hendersonville does hereby proclaim July 27, 2015
as
“Korean War Veterans Recognition Day”
in the City of Hendersonville and urges all citizens to recognize the contributions of our
Korean War Veterans. We further encourage all citizens to observe this day by flying
the American flag.
ADOPTED this the second day of July, 2015.
In Witness Whereof, I have hereunto set my hand and the Seal of the City of Hendersonville, this
second day of July, 2015.
_______________________________
Barbara G. Volk, Mayor
City of Hendersonville
Attest:
_______________________________
Tammie K. Drake, City Clerk
Return to AgendaReturn to Agenda
CITY OF HENDERSONVILLE
AGENDA ITEM SUMMARY
Submitted By: Department:
Date Submitted: Presenter:
Date of Council Meeting to consider this item:
Nature of Item:
Summary of Information/Request: Item #
Budget Impact: $_________________ Is this expenditure approved in the current fiscal year
budget? If no, describe how it will be funded.
Suggested Motion: To disapprove any item, you may allow it to fail for lack of a motion.
Attachments:
Tammie Drake
A
dministration
06.25.15
07.02.15
Council Action
Consideration of Sister Cities International Partnership Resolution: Ms. Karen Hultin, Chair of the Sister Cities Board,
presented a resolution that will be signed by Mayor Volk and the Mayor of Pallanza/Verbania, Italy, in September when
the group travels to Italy.
07
None
Yes
I move Council to adopt the Sister Cities International Partnership Resolution with Pallanza/Verbania, Italy.
Resolution
Return to AgendaReturn to Agenda
SISTER CITIES INTERNATIONAL
PARTNERSHIP RESOLUTION
Whereas
, the cities of Hendersonville, North Carolina, USA and Pallanza/Verbania,
Italy
share similar goals of international cooperation, mutual prosperity, and world peace; and
Whereas
, they believe it to be in their collective interest to broaden and strengthen ties between
the two cities; and
Whereas
, they place similar values on cultural understanding, youth leadership, exchanges to
educate citizens, artistic and environmental stewardship, tourism and agri-business and
Whereas
,
they will identify activities, common to all, that can generate new initiatives to further
nurture economic, social, educational, artistic and cultural relationships; and
Whereas
, the purpose of this relationship is to increase cultural exchanges, educational
opportunities, agricultural exchanges, artistic exchanges and economic exchanges for both cities,
and to increase awareness of both cities as being centers of agricultural research, artistic hubs, lake
and mountain vistas, tourism, food and wine knowledge, cycling, hiking, culinary excellence and
more; and
Whereas
, both cities are committed to mutual support for organizing and developing the
experiences, common activities, and future programs of the Sister City relationship on the basis of
previous agreements of mutual cooperation and directions set forth by this declaration;
Now
, Therefore, We, the Mayors of Hendersonville, North Carolina, USA and
Pallanza/Verbania, Italy do believe that this pact will further contribute to global exchange between
international cities and to the development of friendly relations between the peoples of Italy and
the United States and our two cities;
Further, we affix our signatures and our city seals on this declaration to establish our relationship as
Sister Cities.
______________________________ _______________________________
Mayor Barbara G. Volk Mayor Silvia Marchionini
Hendersonville, North Carolina, USA Pallanza/Verbania, Italy
September 23, 2015 September 23, 2015
Return to AgendaReturn to Agenda
CITY OF HENDERSONVILLE
AGENDA ITEM SUMMARY
Submitted By: Department:
Date Submitted: Presenter:
Date of Council Meeting to consider this item:
Nature of Item:
Summary of Information/Request: Item #
Budget Impact: $_________________ Is this expenditure approved in the current fiscal year
budget? If no, describe how it will be funded.
Suggested Motion: To disapprove any item, you may allow it to fail for lack of a motion.
Attachments:
Lee Smith
Water/Sewer
6/25/2015
Randy Hintz, P.E.
July 2, 2015
Presentation Only
The City's water treatment plant staff has again met all parameters required to receive another AWOP (Area-Wide
Optimization Program) award for 2014. These awards are given each year to water systems that demonstrate
outstanding turbidity removal, a key test of drinking water quality. Turbidity is a measure of the cloudiness or haziness of
water caused by individual particles that can interfere with disinfection and provide a medium for microbial growth.
Microbes occur naturally, but can potentially include harmful bacteria and viruses. While all drinking water system have to
meet strict state and federal drinking water standards, these system have met and exceeded performance goals that are
significantly more stringent.
Mr. Randy Hintz, regional engineer for the Public Water Supply Section of NCDENR out of the Asheville Regional Office,
will be presenting this award to members of the water treatment plant during this meeting.
08
Yes
List of Municipalities Receiving the 2014 AWOP Award in WNC
Return to AgendaReturn to Agenda
2014 Microbial AWOP Award Nominees Asheville Regional Office
PWSID Water System Name Population Plant Name
NC0100010 Burnsville, Town of 3,802 Town of Burnsville Water Treatment Plant
NC0111010 Asheville, City of PO1 - North Fork Plant 124,300 City of Asheville-North Fork Water Treatment Plant
NC0111025 Weaverville, Town of 5,710 Town of Weaverville-Ivy River Water Treatment Plant
NC0112015 Morganton, City of 38,845 City of Morganton-Catawba Water Treatment Plant
NC0114010 Lenoir, City of 19,500 City of Lenoir Water Treatment Plant
NC0120020 Andrews, Town of 3,250 Town of Andrews Water Treatment Plant
NC0138010 Robbinsville, Town of, PO1_Tallulah Plant 2,780 Town of Robbinsville-Tallulah Water Treatment Plant
NC0144010 Waynesville, Town of 15,046 City of Waynesville-Allens Creek Water Treatment Plant
NC0144040 Maggie Valley Sanitary District 9,290 Maggie Valley Sanitary District Water Treatment Plant
NC0145010 Hendersonville, City of 55,000 City of Hendersonville Water Treatment Plant
NC0156010 Marion, City of 8,500 City of Marion Water Treatment Plant
NC0181035 Broad River Water Authority 16,250 Broad River Water Authority Water Treatment Plant
Total Population-------------------------------------------------------------- 302,273
Return to AgendaReturn to Agenda
CITY OF HENDERSONVILLE
AGENDA ITEM SUMMARY
Submitted By: Department:
Date Submitted: Presenter:
Date of Council Meeting to consider this item:
Nature of Item:
Summary of Information/Request: Item #
Budget Impact: $_________________ Is this expenditure approved in the current fiscal year
budget? If no, describe how it will be funded.
Suggested Motion: To disapprove any item, you may allow it to fail for lack of a motion.
Attachments:
Tammie Drake
A
dministration
05.25.15
Sue Dinnsen
07.02.15
Presentation Only
Sue Dinnsen, Residential Energy Efficiency Program Manage with Duke Energy will be making a presentation regarding
Duke Energy’s Residential Energy Efficiency Program. The will be working on a 800 to 1000 low income homes in
Hendersonville.
09
None
Yes
Return to AgendaReturn to Agenda
CITY OF HENDERSONVILLE
AGENDA ITEM SUMMARY
Submitted By: Department:
Date Submitted: Presenter:
Date of Council Meeting to consider this item:
Nature of Item:
Summary of Information/Request: Item #
Budget Impact: $_________________ Is this expenditure approved in the current fiscal year
budget? If no, describe how it will be funded.
Suggested Motion: To disapprove any item, you may allow it to fail for lack of a motion.
Attachments:
Sue Anderson, Planning Director
Planning
June 16, 2015
Sue Anderson
July 2, 2015
Council Action
File # P15-7-SUR
On June 4th, City Council held a public hearing for a Special Use Permit for the Ingles grocery store located at 1980
Asheville Highway. At that time a vote was taken on a variance request to allow increasing the number of driveways a
development parcel may have on any given road from two to three. The vote was three in favor and two opposed to
granting the variance request.
General Statue 160A-75 Voting states "...no ordinance nor any action having the effect of any ordinance may be finally
adopted on the date on which it is introduced except by an affirmative vote equal to or greater than two thirds of all the
actual membership of the council..." A three to two vote is not equal to or greater than two thirds of all the actual
members of the council. Based on direction from the City Attorney, a second vote on this variance request needs to take
place.
City Council decided to revisit this item at the July regular meeting.
10
0
No
Not Applicable
I move City Council to approve a variance from Zoning Ordinance Section 5-18-4.3 Driveways, increasing the number of
driveways a development parcel may have on any given road from two to three.
Return to AgendaReturn to Agenda
CITY OF HENDERSONVILLE
AGENDA ITEM SUMMARY
Submitted By: Department:
Date Submitted: Presenter:
Date of Council Meeting to consider this item:
Nature of Item:
Summary of Information/Request: Item #
Budget Impact: $_________________ Is this expenditure approved in the current fiscal year
budget? If no, describe how it will be funded.
Suggested Motion: To disapprove any item, you may allow it to fail for lack of a motion.
Attachments:
Sue Anderson, Planning Director
Planning
June 23, 2015
Sue Anderson
July 2, 2015
Council Action
File #P15-17-T
Staff has received a number of inquiries regarding the possibility of locating a small brewery in or near the downtown
core. Currently, breweries along with cideries, distilleries and wineries, are listed under the broad category of beverage
manufacturing in the Zoning Ordinance and are allowed only in the I-1 Industrial and the PMD Planned Manufacturing
Development zoning districts. The PMD Planned Manufacturing Development zoning district is created through the
Special Use permit process. Southern Appalachian Brewery, located on an I-1 zoned property at 822 Locust Street, is
Hendersonville’s only brewery and is allowed as a permitted use in that district.
Based on the growing popularity of these types of businesses, staff has developed a text amendment for consideration
that would allow breweries in a greater number of zoning districts within Hendersonville. Due to their potential impacts on
surrounding properties, large scale breweries, wineries, distilleries and cideries continue to be limited to the I-1 Industrial
and PMD Planned Manufacturing Development districts. The text amendment would allow smaller scale microbreweries,
those producing less than 15,000 barrels (465,000 gallons based on 31 gallons to a barrel) per year, to be located in other
commercial districts including downtown. The attached memo includes a discussion about definitions, districts, permitted
or conditional use, special requirements, parking requirements and Planning Board recommendations. Staff will provide a
detailed presentation during the public hearing on this matter at the City Council meeting.
11
0
No
Not Applicable
See page 6 of the attached memo for suggested motions.
Memo
Return to AgendaReturn to Agenda
M E M O R A N D U M
TO: Honorable Mayor and City Council
FROM: Planning Department
RE: Text Amendment of Article IV Establishment of Districts Table 4-5, Article V
Zoning District Classifications, Article VI General Provisions, Table 6-5-2,
Article XII Definition of Terms, Section 12-2 Definition of Commonly Used
Terms and Words, and Article XVI Special Requirements for Certain Uses,
Section 16-4 Standards of the Zoning Ordinance of the City of
Hendersonville pertaining to breweries, cideries, distilleries, microbreweries
and wineries.
FILE #: P15-17-T
DATE: June 23 2015
PROJECT HISTORY
According to the Brewers Association, an organization intended to promote and protect
American craft brewers, North Carolina ranks 12
th
in the nation for the number of craft
breweries. The estimated economic impact based on information from 2012 is $791
million dollars. The North Carolina Craft Brewers Guild, a not-for-profit 501(c)6 tax-
exempt organization comprised of brewers, vendors, retailers and craft beer enthusiasts
focused on promoting North Carolina beer, lists 125 breweries and brewpubs located in
the state.
The craft industry is also growing in North Carolina and includes wineries, cideries and
distilleries. The North Carolina Department of Agriculture and Consumer Services states
that North Carolina is now home to more than 100 wineries and the number of wineries
has more than quadrupled since 2001. The North Carolina Distillers Association lists 25
distilleries located in the state with an additional three going through the permit process.
And, the hard cider industry is also growing.
Currently, Henderson County has two breweries (Sierra Nevada and Southern
Appalachian) two wineries (Burntshirt and Saint Paul Mountain) and two cideries (Bold
Rock and Naked Apple). Oversight of all these industries is a function of the Federal
Bureau of Alcohol, Tobacco and Firearms, the North Carolina Alcoholic Beverage Control
Commission and locally assigned agencies.
These types of industries are listed under the broad category of beverage manufacturing
in the Zoning Ordinance and are allowed only in the I-1 Industrial zoning district and the
PMD Planned Manufacturing Development zoning district. The PMD Planned
Manufacturing Development zoning district is created through the Special Use permit
Return to AgendaReturn to Agenda
CITY COUNCIL
TEXT AMENDMENT
JULY 2, 2015
PAGE 2
process. Southern Appalachian Brewery, located on an I-1 zoned property at 822 Locust
Street, is Hendersonville’s only brewery and is allowed as a permitted use in that district.
A number of people have inquired about the possibility of locating a small brewery in or
near the downtown core. Based on the growing popularity of these types of businesses,
staff has developed a text amendment for consideration that would allow breweries in a
greater number of zoning districts within Hendersonville. Due to their potential impacts on
surrounding properties, large scale breweries, wineries, distilleries and cideries continue
to be limited to the I-1 Industrial and PMD Planned Manufacturing Development districts.
The text amendment would allow smaller scale microbreweries, those producing less than
15,000 barrels (465,000 gallons based on 31 gallons to a barrel) per year, to be located
in other commercial districts including downtown.
Staff is suggesting to add microbreweries as a conditional use which will require that
before this use is allowed, the applicant will need to go before the Board of Adjustment
for review and approval. The microbreweries will be subject to certain conditions such as
limiting outdoor storage of materials along with a cap on production.
The attached text amendment ordinance includes the following:
District Microbreweries
C
-1 Central Business
Add
Conditional Use
CMU Central Mixed Use
Add
Conditional Use
C
-2 Secondary Business
Add
Conditional Use
C
-3 Highway Business
Add
Conditional Use
HMU Highway Mixed Use
Add
Conditional Use
PCD Planned Commercial Development
Add
Special Use
District
Breweries, Cideries, Distilleries,
Microbreweries and Wineries
I-1 Industrial
Add
Permitted Use
PMD Planned Manufacturing
Add
Permitted Use
The proposed text amendment also includes additions to the definitions, parking and
special requirements sections of the Zoning Ordinance along with other related
Return to AgendaReturn to Agenda
CITY COUNCIL
TEXT AMENDMENT
JULY 2, 2015
PAGE 3
housekeeping items. An ordinance is included with this memorandum that details each
proposed change with additions underlined and deletions struck through. Maps of the
above zoning districts are also included with this memorandum.
State Definitions
North Carolina General Statutes Chapter 18B: Regulation of Alcoholic Beverages has the
following definitions listed in 18B-101. These definitions are included by reference in the
proposed text amendment of Article XII Definition of Terms.
"Malt beverage" means beer, lager, malt liquor, ale, porter, and any other brewed or
fermented beverage except unfortified or fortified wine as defined by this Chapter,
containing at least one-half of one percent (0.5%), and not more than fifteen percent
(15%), alcohol by volume. Any malt beverage containing more than six percent (6%)
alcohol by volume shall bear a label clearly indicating the alcohol content of the malt
beverage
"Spirituous liquor" or "liquor" means distilled spirits or ethyl alcohol, including spirits
of wine, whiskey, rum, brandy, gin and all other distilled spirits and mixtures of cordials,
liqueur, and premixed cocktails, in closed containers for beverage use regardless of their
dilution
"Unfortified wine" means any wine of sixteen percent (16%) or less alcohol by volume
made by fermentation from grapes, fruits, berries, rice, or honey; or by the addition of
pure cane, beet, or dextrose sugar; or by the addition of pure brandy from the same type
of grape, fruit, berry, rice, or honey that is contained in the base wine and produced in
accordance with the regulations of the United States.
TEXT & POLICY COMMITTEE
The Text and Policy Committee is made up of four members of the Planning Board. Due
to the nature of these text amendments, staff felt it prudent for any discussion to include
the entire Planning Board.
PLANNING BOARD RECOMMENDATION
The Planning Board took this matter up at its regular meeting of June 8, 2015. The
Planning Board voted seven in favor and one opposed to recommend that City Council
adopt an ordinance amending the City of Hendersonville Zoning Ordinance Article IV
Establishment of Districts Table 4-5, Article V Zoning District Classifications, Article VI
General Provisions, Table 6-5-2, Article XII Definition of Terms, Section 12-2 Definition of
Commonly Used Terms and Words, and Article XVI Special Requirements for Certain
Uses, Section 16-4 Standards pertaining to breweries, cideries, distilleries,
microbreweries and wineries with the following modifications:
The Planning Board discussed adding microbreweries to Greenville Highway Mixed Use
Return to AgendaReturn to Agenda
CITY COUNCIL
TEXT AMENDMENT
JULY 2, 2015
PAGE 4
(GHMU) district. Four members recommended adding microbreweries as a permitted use
and four members recommended adding microbreweries as a conditional use.
The Planning Board made the following other recommendations.
District Microbreweries
Four Planning
Board Members
Recommended
Four Planning
Board Members
Recommended
C-1 Central
Business
Add
Conditional Use
Conditional Use
Permitted Use
CMU Central Mixed
Use
Add
Conditional Use
Conditional Use
Permitted Use
C-2 Secondary
Business
Add
Conditional Use
Conditional Use
Permitted Use
C-3 Highway
Business
Add
Conditional Use
Permitted Use
Permitted Use
HMU Highway
Mixed Use
Add
Conditional Use
Permitted Use
Permitted Use
PCD Planned
Commercial
Development
Add
Special Use
Special Use
Special Use
Regarding Article XVI Special Requirements For Certain Uses Section 16-4 Standards,
the Planning Board made the following recommendations:
16-4-14 Microbreweries.
a) Shall include one or more accessory uses such as a tasting room, tap room,
restaurant, retail, demonstration area, education and training facility or other uses
incidental to the brewery and open and accessible to the public.
b) Storage of materials used in the manufacturing, processing and for
distribution shall be located entirely within the building.
c) Shall be designed such that all newly constructed loading and unloading
facilities are internal to the site, in service alleys or at the back of the building.
The Planning Board voted six in favor and two opposed to removed (d) below
d) The parcel on which a microbrewery is situated shall not be within 50 feet
of a residential zoning district.
Instead of (d), the Planning Board voted unanimously to recommend adding the following
building setbacks for the C-2, C-3, GHMU, HMU and PCD zoning districts.
Return to AgendaReturn to Agenda
CITY COUNCIL
TEXT AMENDMENT
JULY 2, 2015
PAGE 5
Planning Board Recommendations
District
Existing Side and Rear
Building Setbacks
Side and Rear Building
Setbacks for
Microbreweries
C
-
2 Secondary Business
Side Yard 0- 5 feet
10 feet corner lot
Rear Yard
0 feet or 10 feet
if abutting residential
district
25 feet or
underlying
zoning district, whichever is
greater
C
-3 Highway Business
Side yard 15 feet
Rear yard 20 feet
25 feet or underlying
zoning district, whichever is
greater
GHMU Greenville Highway
Mixed Use
Side yard 15 feet
Rear yard 15 feet
25 feet or underlying
zoning district, whichever is
greater
HMU Highway Mixed Use
Side Yard 15 feet
Rear Yard 15 feet
25 feet or underlying
zoning district, whichever is
greater
PCD Planned Commercial
Development
25 feet from exterior
property line
25 feet or underlying
zoning district, whichever is
greater
ZONING ORDINANCE GUIDELINES
Per Section 11-4 of the City’s Zoning Ordinance, the following factors shall be considered
by City Council prior to adopting or disapproving an amendment to the text of the City’s
Zoning Ordinance:
1. Comprehensive Plan Consistency. Consistency with the Comprehensive Plan and
amendments thereto.
2. Compatibility with surrounding uses. Whether and the extent to which the
proposed amendment is compatible with existing and proposed uses surrounding
the subject property.
3. Changed conditions. Whether and the extent to which there are changed
conditions, trends or facts that require an amendment.
4. Public Interest. Whether and the extent to which the proposed amendment would
result in a logical and orderly development pattern that benefits the surrounding
neighborhood, is in the public interest and promotes public health, safety and
general welfare.
Return to AgendaReturn to Agenda
CITY COUNCIL
TEXT AMENDMENT
JULY 2, 2015
PAGE 6
5. Public facilities. Whether and the extent to which adequate public facilities and
services such as water supply, wastewater treatment, fire and police protection
and transportation are available to support the proposed amendment.
6. Effect on natural environment. Whether and the extent to which the proposed
amendment would result in significantly adverse impacts on the natural
environment including but not limited to water, air, noise, storm water
management, streams, vegetation, wetlands and wildlife.
SUGGESTED MOTIONS
Approval:
I move City Council adopt an ordinance amending the City of Hendersonville Zoning
Ordinance Article IV Establishment of Districts Table 4-5, Article V Zoning District
Classifications, Article VI General Provisions, Table 6-5-2, Article XII Definition of
Terms, Section 12-2 Definition of Commonly Used Terms and Words, and Article XVI
Special Requirements for Certain Uses, Section 16-4 Standards pertaining to
breweries, cideries, distilleries, microbreweries and wineries.
[
PLEASE STATE YOUR REASONS]
Approval With Modifications:
I move City Council adopt an ordinance amending the City of Hendersonville Zoning
Ordinance Article IV Establishment of Districts Table 4-5, Article V Zoning District
Classifications, Article VI General Provisions, Table 6-5-2, Article XII Definition of
Terms, Section 12-2 Definition of Commonly Used Terms and Words, and Article XVI
Special Requirements for Certain Uses, Section 16-4 Standards pertaining to
breweries, cideries, distilleries, microbreweries and wineries with the following
modifications:
[
PLEASE STATE THE MODIFICATIONS AND YOUR REASONS]
Denial:
I move the City Council not amend the City of Hendersonville Zoning Ordinance Article
IV Establishment of Districts Table 4-5, Article V Zoning District Classifications, Article
VI General Provisions, Table 6-5-2, Article XII Definition of Terms, Section 12-2
Definition of Commonly Used Terms and Words, and Article XVI Special
Requirements for Certain Uses, Section 16-4 Standards pertaining to breweries,
cideries, distilleries, microbreweries and wineries.
[
PLEASE STATE YOUR REASONS]
Return to AgendaReturn to Agenda
CITY COUNCIL
TEXT AMENDMENT
JULY 2, 2015
PAGE 7
AN ORDINANCE AMENDING ARTICLE IV ESTABLISHMENT OF DISTRICTS
SECTION 4-5 CLASSIFICATION OF USES, TABLE 4-5, ARTICLE V ZONING
DISTRICT CLASSIFICATIONS, ARTICLE VI GENERAL PROVISIONS, TABLE 6-5-2,
ARTICLE XII DEFINITION OF TERMS, SECTION 12-2 DEFINITION OF COMMONLY
USED TERMS AND WORDS, AND ARTICLE XVI SPECIAL REQUIREMENTS FOR
CERTAIN USES, SECTION 16-4 STANDARDS OF THE ZONING ORDINANCE OF
THE CITY OF HENDERSONVILLE PERTAINING TO BREWERIES, CIDERIES,
DISTILLERIES, MICROBREWERIES AND WINERIES.
WHEREAS, the General Assembly of the State of North Carolina has granted
authority to municipalities to adopt, administer and enforce zoning and subdivision
regulation ordinances, building codes, and minimum housing standards and other
related measures; and
WHEREAS, the General Assembly of the State of North Carolina has granted
authority to municipalities to amend, supplement, change, modify or repeal zoning
regulation ordinances; and
WHEREAS, the City of Hendersonville desires to amend those regulations with
regards to breweries, cideries, distilleries, microbreweries and wineries.
NOW, THEREFORE, be it ordained by the City Council of the City of Hendersonville:
2. Article IV Establishment of Districts, Section 4-5 Classification of Uses, Table 4-5
is hereby amended to include the following:
Add breweries, cideries, distilleries, microbreweries and wineries as permitted
by right (P) in the I-1 Zoning District.
Add microbreweries as a Special Use (S) in the PCD Planned Commercial
Development District.
Add microbreweries as a Conditional Use (C) in the following districts:
C-1 Central Business District
C-2 Secondary Business District
C-3 Highway Business District
CMU Central Mixed Use District
HMU Highway Mixed Use District
3. Article V Zoning District Classifications, Section 5-6-2 Conditional Uses in the C-1
Central Business Zoning District Classification is hereby amended to include the
following conditional use:
Microbreweries, subject to special requirements contained in Section 16-4,
below
Return to AgendaReturn to Agenda
CITY COUNCIL
TEXT AMENDMENT
JULY 2, 2015
PAGE 8
4. Article V Zoning District Classifications, Section 5-7-2 Conditional Uses in the C-2
Secondary Business Zoning District Classification is hereby amended to include
the following conditional use:
Microbreweries, subject to special requirements contained in Section 16-4,
below
5. Article V Zoning District Classifications, Section 5-8-2 Conditional Uses in the C-3
Highway Business Zoning District Classification is hereby amended to include the
following conditional use:
Microbreweries, subject to special requirements contained in Section 16-4,
below
6. Article V Zoning District Classifications, Section 5-12-1 Permitted Uses in the I-1
Industrial Zoning District Classification is hereby amended to include the following
permitted uses:
Breweries
Cideries
Cideries, hard
Distilleries
Microbreweries
Wineries
7. Article V Zoning District Classifications, Section 5-15-2 Permissible Uses, Subject
to Issuance of a Special Use Permit in the Planned Commercial Development
Zoning District Classification is hereby amended to include the following
permissible use:
Microbreweries, subject to special requirements contained in Section 16-4,
below
8. Article V Zoning District Classifications, Section 5-19-2 Conditional Uses in the
CMU Central Mixed Use Zoning District Classification is hereby amended to
include the following conditional use:
Microbreweries, subject to special requirements contained in Section 16-4,
below
9. Article V Zoning District Classifications, Section 5-23-2 Conditional Uses in the
HMU Highway Mixed Use Zoning District Classification is hereby amended to
include the following conditional use:
Return to AgendaReturn to Agenda
CITY COUNCIL
TEXT AMENDMENT
JULY 2, 2015
PAGE 9
Microbreweries, subject to special requirements contained in Section 16-4,
below
10. Article XII Definition of Terms, Section 12-2 Definition of Commonly Used Terms
and Words is hereby amended to include the following definitions:
Breweries: An establishment that engages in the production of malt beverages
as defined in North Carolina General Statue 18B-101.
Cideries, hard: An establishment that engages in the production of hard ciders
classified as unfortified wine as defined in North Carolina General Statue 18B-
101.
Distilleries: An establishment that engages in the production of spirituous
liquors or liquors as defined in North Carolina General Statue 18B-101.
Microbreweries: An establishment that engages in the production of malt
beverages as defined in North Carolina General Statue 18B-101. Annual
production shall be less than 15,000 barrels.
Wineries: An establishment that engages in the production of unfortified wines
as defined in North Carolina General Statue 18B-101.
11. Article VI General Provisions, Table 6-5-2 is hereby amended to include the
following parking requirements:
USES
PARKING SPACE
REQUIREMENT
Breweries
1 per each 2 employees at
maximum employment on a single
shift
Cideries
1 per each 2 employees at
maximum employment on a
single
shift
Cideries, hard
1 per each 2 employees at
maximum employment on a single
shift
Distilleries
1 per each 2 employees at
maximum employment on a single
shift
Microbreweries
1 per each 3 seats or stools plus 1
per each 2 employees on the shift
with the largest employment
Return to AgendaReturn to Agenda
CITY COUNCIL
TEXT AMENDMENT
JULY 2, 2015
PAGE 10
Wineries
1 per each 2 employees at
maximum employment on a single
shift
12. Article XVI Special Requirements For Certain Uses, Section 16-4 Standards is
hereby renumbered as follows:
16-4- 14 15 Mini-Warehouses
16-4- 15 16 Nursing Homes
16-4- 16 17 Private Clubs
16-4- 17 18 Progressive Care Facilities
16-4- 18 19 Public Utility Facilities
16-4- 19 20 Residential Care Facilities
16-4- 20 21 Rest Homes
16-4- 21 22 Restaurants
16-4- 22 23 Schools, Primary & Secondary
16-4- 23 24 Shelter Facilities
16-4- 24 25 Telecommunications Towers and Antennas
13. Article XVI Special Requirements For Certain Uses Section 16-4 Standards is
hereby amended to include the following use and special requirement:
16-4-14 Microbreweries.
a) Shall include one or more accessory uses such as a tasting room,
tap room, restaurant, retail, demonstration area, education and
training facility or other uses incidental to the brewery and open
and accessible to the public.
b) Storage of materials used in the manufacturing, processing and for
distribution shall be located entirely within the building.
c) Shall be designed such that all newly constructed loading and
unloading facilities are internal to the site, in service alleys or at the
back of the building.
d) The parcel on which a microbrewery is situated shall not be within
50 feet of a residential zoning district.
14. Any person violating the provisions of this ordinance shall be subject to the
penalties set forth in Section 9-8 of the Zoning Ordinance.
15. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of such conflict.
Return to AgendaReturn to Agenda
CITY COUNCIL
TEXT AMENDMENT
JULY 2, 2015
PAGE 11
16. If any section, subsection, paragraph, sentence, clause, phrase or portion of this
ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed severable and such holding
shall not affect the validity of the remaining portions hereof.
17. The enactment of this ordinance shall in no way affect the running of any
amortization provisions or enforcement actions, or otherwise cure any existing
zoning violations.
This ordinance shall be in full force and effect from and after the date of its adoption.
Adopted this _____ day of ____________, 2015
______________________________
Barbara Volk, Mayor
Attest:
________________________________________
Tammie K. Drake, CMC, City Clerk
Approved as to form:
________________________________________
Samuel H. Fritschner, City Attorney
Return to AgendaReturn to Agenda
CITY COUNCIL
TEXT AMENDMENT
JULY 2, 2015
PAGE 12
Return to AgendaReturn to Agenda
PLANNING BOARD
TEXT AMENDMENT
JUNE 8, 2015
PAGE 13
Return to AgendaReturn to Agenda
PLANNING BOARD
TEXT AMENDMENT
JUNE 8, 2015
PAGE 14
Return to AgendaReturn to Agenda
PLANNING BOARD
TEXT AMENDMENT
JUNE 8, 2015
PAGE 15
Return to AgendaReturn to Agenda
Return to AgendaReturn to Agenda
CITY OF HENDERSONVILLE
AGENDA ITEM SUMMARY
Submitted By: Department:
Date Submitted: Presenter:
Date of Council Meeting to consider this item:
Nature of Item:
Summary of Information/Request: Item #
Budget Impact: $_________________ Is this expenditure approved in the current fiscal year
budget? If no, describe how it will be funded.
Suggested Motion: To disapprove any item, you may allow it to fail for lack of a motion.
Attachments:
Sam Fritschner
Legal
24 June 2015
Sam Fritschner
2 July 2015
Council Action
At the request of Mr. Stephens and Mr. Miller I have drafted two proposed amendments to the City's animal tethering
ordinance, section 10-152. The two changes would:
1. Raise the minimum age of a tethered animal from 4 to 6 months, and
2. Limit the time of tethering an animal to two hours within any 12 hour period.
A copy of section 10-152 showing the proposed ordinances is attached.
12
0
Yes
I move the City Council to adopt the proposed amendments to City Code section 10-152.
Ordinance showing the proposed amendments.
Return to AgendaReturn to Agenda
AN ORDINANCE AMENDING SECTION 10-152 OF THE CODE OF ORDINANCES WITH RESPECT
TO THE TETHERING OF DOMESTIC ANIMALS WITHIN THE ENFORCEMENT JURISDICTION OF
THE CITY OF HENDERSONVILLE
WHEREAS, the State of North Carolina has declared that municipalities may define and regulate animal
cruelty; and
WHEREAS, the City of Hendersonville has determined that cruelty to animals is a danger to the public
health, safety and welfare; and
WHEREAS, the City Council has determined that the tethering of domestic animals constitutes in many
cases animal cruelty,
NOW THEREFORE, be it ordained by the City Council of the City of Hendersonville:
SECTION 1. Section 10-152 of the Hendersonville Code of Ordinances shall and it is hereby amended to
read in its entirety as follows:
Sec. 10-152. Mistreatment of animals prohibited.
(a) It shall be unlawful for any person to deprive or cause to be deprived any domestic animal
of adequate food, water, necessary medical attention and adequate shelter.
(1) Adequate food and water, as defined herein, must be provided for all domestic
animals.
(2) Necessary medical attention. No person owning or responsible for any domestic
animal shall fail to supply the animal with necessary medical attention when the animal
suffers from illness, injury, or disease.
(3) Adequate shelter, protection from the weather and humanely clean conditions. No
persons owning or responsible for any domestic animal shall fail to provide the animal
with appropriate shelter, protection from the weather and humanely clean conditions as
prescribed in this section.
(b) When confinement prohibited. No animal may intentionally be confined in a
building, enclosure, car, boat, vehicle or vessel of any kind when to do so would expose
the animal to heat or cold harmful to its health.
(c) Tethering. Domestic animals may be tethered to a stationary object only if all of the
conditions numbered 1 through 9 are followed:
1. A tether must be equipped with a swivel on both ends.
2. A tether must be a minimum of 10 feet in length and be made of either metal
chain or coated steel cable.
3. Tethers must be attached to a collar or harness worn by the domestic animal
and under no circumstances shall the tether be placed directly around the
1
Return to AgendaReturn to Agenda
domestic animal's neck. Tethers are never to be used in conjunction with training
collars such as choke or pinch-style collars.
4. The weight of the tether must not exceed 10% of the total body weight of the
domestic animal but shall be of sufficient strength to prevent breakage.
5. The tether by design and placement must allow the domestic animal a
reasonable and unobstructed range of motion without the possibility of
entanglement.
6. The domestic animal must be four six months of age or older to be tethered.
7. Only one domestic animal may be attached to a single tether.
8. Pulley systems, running lines, and trolley systems cannot be used in
conjunction with training collars such as choke or pinch-style collars. The
attached tether may not be made of rope, twine, cord or similar material.
a. Pulley, running line or trolley systems shall be at least 10 feet in length
and no more than seven feet above ground.
b. The attached tether shall be no less than 10 foot in length.
9. No tether shall be affixed to a stationary object which allows a domestic
animal to come within 5 feet of any property line.
10. The Animal Care & Control Officer may have in their sole discretion the power
to order any resident a minimum tethering requirement when such a condition is
found to be detrimental to the health, safety and welfare of the domestic animal.
11. No animal shall be tethered more than two hours in any continuous 12 hour
period.
1112. Exemptions. Citizens residing in townhomes, apartments, condos or similar
multi-family housing units with lot sizes insufficient to meet the length and
property lines requirements specified in sections 2, 8 and 9 above, may only
tether domestic animals for temporary exercise and relief.
(d) Properly fitted collars required. An owner of a dog or cat shall not permit injury or
inflict pain upon such animal from an improperly fitting or embedded collar.
SECTION 2. SEVERABILITY. If any provision of this ordinance is for any reason held by a court of
competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the
remaining provisions of this ordinance. This ordinance does not purport to cover treatment of animals
where such treatment has been preempted by federal or North Carolina law.
SECTION 3. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after the date
of its adoption.
2
Return to AgendaReturn to Agenda
Adopted this second day of July, 2015.
Barbara Volk, Mayor
Attest:
_____________________________________
Tammie K. Drake, CMC, City Clerk
Approved as to form:
_____________________________________
Samuel H. Fritschner, City Attorney
3
Return to AgendaReturn to Agenda
CITY OF HENDERSONVILLE
AGENDA ITEM SUMMARY
Submitted By: Department:
Date Submitted: Presenter:
Date of Council Meeting to consider this item:
Nature of Item:
Summary of Information/Request: Item #
Budget Impact: $_________________ Is this expenditure approved in the current fiscal year
budget? If no, describe how it will be funded.
Suggested Motion: To disapprove any item, you may allow it to fail for lack of a motion.
Attachments:
John Connet
A
dministration
06/23/2015
John Connet
07/02/2015
Council Action
Henderson County Partnership for Economic Development (Partnership) is in the process of creating a 501 (c) (3)
non-profit entity to support economic development activities in Henderson County. The non-profit will have the ability to
accept tax deductible donations of public and private funds or property to be used in the recruitment of industry. The
funds will be used to secure property through options or purchase, complete proactive environmental assessments and
extend needed infrastructure. The Partnership has approached Henderson County and its municipalities about providing
the initial seed funding for this new economic development initiative. Their goal is to raise $350,000 annually for the next
four years. Henderson County has committed to provide up to $125,000 in matching funding in each of these years. I
would like for the City Council to consider contributing $50,000 annually from the Water and Sewer Fund to this effort. In
addition, I would like for you to keep the option open to provide additional funding of up to another $50,000, if a significant
project is identified that benefits the City of Hendersonville or the Hendersonville Water and Sewer System.
Andrew Tate will be at the meeting to answer questions regarding this non-profit entity.
13
50,000
No
This contribution will be made out of the Water and Sewer Fund.
I move that City of Hendersonville contribute $50,000 to the Henderson County Partnership for Economic Development's
non-profit entity beginning upon its creation and continuing for three additional fiscal years.
None
Return to AgendaReturn to Agenda
CITY OF HENDERSONVILLE
AGENDA ITEM SUMMARY
Submitted By: Department:
Date Submitted: Presenter:
Date of Council Meeting to consider this item:
Nature of Item:
Summary of Information/Request: Item #
Budget Impact: $_________________ Is this expenditure approved in the current fiscal year
budget? If no, describe how it will be funded.
Suggested Motion: To disapprove any item, you may allow it to fail for lack of a motion.
Attachments:
Sue Anderson, Planning Director
Planning
June 16, 2015
Sue Anderson
July 2, 2015
Council Action
The French Broad River Metropolitan Transportation Organization (FBRMPO) is in the process of updating the 2035 Long
Range Transportation Plan which in the future will be called the Metropolitan Transportation Plan. The Plan was
developed by the FBRMPO and is a federally required long-term planning document that examines current and future
transportation system needs including highways, railways, public transportation, bicycle and pedestrian infrastructure. The
Plan covers a 25 year time span and is updated every five years. Having projects included in the Metropolitan
Transportation Plan can increase funding opportunities.
Upon Council's consideration and review, Council may request that the FBRMPO consider the addition of Henderson
County Phase 1 of the Ecusta Rail Trail to the updated Metropolitan Transportation Plan. That request needs to be in the
form of a resolution. Henderson County Phase 1, as identified in the Ecusta Rail Trail Planning Study and Economic
Impact Analysis, falls within Hendersonville's jurisdiction. Understanding that Watco owns the rail line, inclusion in the
Metropolitan Transportation Plan addresses the potential that this rail line could become a rail trail in the future. Other
factors, such as Watco choosing to abandon the line, would need to happen before this potential project could move
forward.
The FBRMPO requires that the requesting jurisdiction commit to provide a financial contribution. The FBRMPO
recommended that the resolution language state "the City of Hendersonville does commit to provide the financial
contribution necessary to complete the project when the financial contribution is required and that financial contribution is
within reason."
14
0
No
Not applicable at this time.
I move City Council to adopt a resolution to request the FBRMPO consider the addition of a bike/ped project into the
Metropolitan Transportation Plan.
Resolution
Map
Return to AgendaReturn to Agenda
Resolution #15-XXXX
RESOLUTION TO REQUEST THE FRENCH BROAD RIVER MPO CONSIDER THE
ADDITION OF A BIKE/PED PROJECT INTO THE METROPOLITAN TRANSPORTATION
PLAN
WHEREAS, The City Council of the City of Hendersonville is committed to improving safe and
convenient transportation options for bicyclists and pedestrians; and
WHEREAS, The City Council of the City of Hendersonville plans to expand and improve the
infrastructure that supports safe and convenient transportation for bicyclists and pedestrians;
and
WHEREAS, The City Council of the City of Hendersonville adopted a resolution on April 5, 2012
supporting a regional recreational greenway along the Watco (aka Norfolk & Southern) rail
corridor linking Henderson and Transylvania counties; and
WHEREAS, The City Council of the City of Hendersonville recognizes the economic and
transportation benefits of a regional recreational greenway within western North Carolina and
desires the aforementioned rail corridor be secured and developed as the foundation of a
regional recreational greenway system in support of the region's tourism economy, and as an
alternative means of transportation; and
WHEREAS, The City Council of the City of Hendersonville believes that it is reasonable to
expect these bicycle and pedestrian projects to be constructed within the next twenty-five years;
and
WHEREAS, The City Council of the City of Hendersonville wishes Henderson County Phase 1
of the Ecusta Rail Trail project, as shown in the Ecusta Rail Trail Planning Study and Economic
Impact Analysis, be reflected in the MPO’s Metropolitan Transportation Plan.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HENDERSONVILLE THAT:
Section 1. The City of Hendersonville does commit to provide the financial contribution
necessary to complete Henderson County Phase 1 of the Ecusta Rail to Trail when the financial
contribution is required from the City of Hendersonville, and that financial contribution is within
reason.
Section 2. This Resolution shall become effective upon its adoption and approval.
Adopted the second day of July, 2015.
ATTEST:
________________________ ___
Barbara Volk, Mayor Tammie K. Drake, CMC, City Clerk
Return to AgendaReturn to Agenda
6-7
Recommendations
Figure 6.3 – Henderson County Phase 1: Oklawaha Greenway in Jackson Park to Proposed Shared-Use Trailhead at Laurel Park
Jackson
Park
Laurel
Park
To m s
Park
Trailhead #1on city-
owned property
(see p 6-27)
Widen existing sidewalk
to connect trail from
park to beginning of rail
corridor
Fencing along
industrial
operations
Vegetative screening
along residential
developments
:D\ƈQGLQJVLJQDJH
along the trail to
Laurel Park
&RQQHFWWUDLOWR
Oklawaha Greenway
and Jackson Park
(Phase 1 limits)
Shared Use
Trailhead #2
at Laurel Park
(Phase 1 limits;
see p 6-28)
PHASE 2
P
HASE 1
PHASE 1
T
RAIL END IN HENDERSONVILLE
Corridor Overview Key Map
Transylvania
&RXQW\
Henderson
&RXQW\
Return to AgendaReturn to Agenda
CITY OF HENDERSONVILLE
AGENDA ITEM SUMMARY
Submitted By: Department:
Date Submitted: Presenter:
Date of Council Meeting to consider this item:
Nature of Item:
Summary of Information/Request: Item #
Budget Impact: $_________________ Is this expenditure approved in the current fiscal year
budget? If no, describe how it will be funded.
Suggested Motion: To disapprove any item, you may allow it to fail for lack of a motion.
Attachments:
Tom Wooten
Public Works
June 19, 2015
Tom Wooten
July 2, 2015
Council Action
A bid opening is scheduled for 9:00 AM on June 30, 2015 for the 2015 Annual Resurfacing project. Staff will recommend
the proposed contractor to City Council at the July 2, 2015 meeting for consideration. If Council is in agreement with the
proposed contractor, I need Council to award the project to the proposed contractor approving the motion below.
The 2015 Annual Resurfacing Project Bid Package is available as a separate file in the Dropbox folder.
15
Yes
We will use Powell Bill funds to complete this project.
I move to award the 2015 Annual Resurfacing Project to the (proposed contractor) ________________ as recommended
by the Director of Public Works.
map
Return to AgendaReturn to Agenda
Return to AgendaReturn to Agenda
CITY OF HENDERSONVILLE
AGENDA ITEM SUMMARY
Submitted By: Department:
Date Submitted: Presenter:
Date of Council Meeting to consider this item:
Nature of Item:
Summary of Information/Request: Item #
Budget Impact: $_________________ Is this expenditure approved in the current fiscal year
budget? If no, describe how it will be funded.
Suggested Motion: To disapprove any item, you may allow it to fail for lack of a motion.
Attachments:
Tammie Drake
A
dministration
06.24.15
Tammie Drake
07.02.15
Council Action
Appointments: Please note: All applications, former and newly-submitted, are in your Dropbox folder under "City Council
Agendas and Reports\2015\Board Applicants\
EAST FLAT ROCK COMMUNITY PLAN ADVISORY COMMITTEE: The Henderson County Board of Commissioners
invited the City to appoint a non-voting liaison to this committee. You have received an application from Sarah Hoffert.
SEVENTH AVENUE ADVISORY COMMITTEE (SAAC): There are two vacancies on this Committee: one "in-district"
position and one "at large" position. Mr. John Ryan with the Apple Valley Model Railroad Club has also submitted an
application.
DOWNTOWN ADVISORY COMMITTEE (DAC): The terms of four members on the DAC expire 08/01: Babs Newton,
Marty Payton, Scott Biron, and Tom Orr. Ms. Newton informed Lew she preferred to serve on a subcommittee and
therefore declined reappointment. Ms. Payton, Mr. Biron and Mr. Orr would like to continue serving. You have received 3
new applications for this Board from: Scott Moore, Candi Guffey, and Ashely Pirsig.
ENVIRONMENTAL SUSTAINABILITY BOARD: The ESB consists of five City residents and up to four additional
members residing outside the City may be appointed for their particular areas of expertise. The ESB has four vacant City
positions. You have one application from Rhonda Brissie (inside-City) who was recently appointed to the Business
Advisor
y
Committee.
18
n/a
Yes
I move to (re)appoint ...
applications, member lists
Return to Agenda
CITY OF HENDERSONVILLE
AGENDA ITEM SUMMARY
Submitted By: Department:
Date Submitted: Presenter:
Date of Council Meeting to consider this item:
Nature of Item:
Summary of Information/Request: Item #
Budget Impact: $_________________ Is this expenditure approved in the current fiscal year
budget? If no, describe how it will be funded.
Suggested Motion: To disapprove any item, you may allow it to fail for lack of a motion.
Attachments:
John Connet
A
dministration
6/23/2015
John Connet
7/2/2015
Discussion/Staff Direction
City Manager John Connet requests a Closed Session to discuss the acquisition of property. The Closed Session is
authorized under G.S. 143.318.11(a)(5).
20
TBD
Yes
I move Council to enter a closed session to establish or instruct the staff, or negotiating agent, concerning the position to
be taken by or on behalf of the City Council in negotiating the price and other material terms of a contract for the
acquisition of real property by purchase, option, exchange, or lease as provided under NCGS §143-318.11(a)(5).
None
Return to Agenda