Fill - Free fillable July 2 2015 Regular Meeting-agenda PDF form

A G E N D A

CITY OF HENDERSONVILLE CITY COUNCIL – REGULAR MEETING

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

Consideration of Request to Provide Additional Water Service fo

r the

Expansio

n of the Warm Compan

6. Presentation of Proclamation Honoring the Korean War Veterans

Presenter: Mayor Barbara Volk

Consideration of the

Sister Cities International Partnership Resolution

Presenter: Mayor Barbara Volk

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

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

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

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

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

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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

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

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

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.

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

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

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.

Return to Agenda

Adopted this second day of July 2015.

_______________________________________________

Barbara Volk

Mayor, City of Hendersonville

ATTEST:

____________________________________

Tammie K. Drake, CMC

City Clerk

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

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

)

eed Limit:

318

ort Period:

4/21/2015 to 4/28/2015

Technician Name: Brandon Mund

Total

Vehicles

Average

Vehicles

Total

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

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

145

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

)

eed Limit:

392

ort Period:

4/21/2015 to 4/28/2015

Technician Name: Brandon Mund

Total

Vehicles

Average

Vehicles

Total

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

211

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

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

(

North

)

Location:

, Hendersonville, NC, 28792

Address:

Data Session:

Total Vehicle Count:

Henderson Villa

(

North

)

eed Limit:

789

ort Period:

6/1/2015 to 6/7/2015

Technician Name: Brandon Mund

Total

Vehicles

Average

Vehicles

Total

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

191

193

124

167

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

(

South

)

Location:

, Hendersonville, NC, 28792

Address:

Data Session:

Total Vehicle Count:

Henderson Villa

(

South

)

eed Limit:

779

ort Period:

6/1/2015 to 6/8/2015

Technician Name: Brandon Mund

Total

Vehicles

Average

Vehicles

Total

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

251

164

171

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

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

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

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

Deputy Fire Marshal

Development Assistance Director

Downtown Economic Development Director

Environmental Services Crew Leader

Inflow & Infiltration Technician

Leak Detection Technician

Paralegal

Planning Director

Promotions Coordinator

Public Information Officer

Treatment Plant Operator I

Treatment Plant Operator II

Treatment Plant Operator III

Zoning Code Enforcement Officer

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

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

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

ubject:

Treatment Plant Employment & Certification Policy

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

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 III” level 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$

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

, 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

CITY OF HENDERSONVILLE

Policy Number:

Adopted by

Resolution

Number:

Policy Name:

Treatment Plant Employment and

Compensation Policy

Date Adopted by

City Council:

July 2

, 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

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

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

, 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:

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

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

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

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.

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

“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

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.

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.

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

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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

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.

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.

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.

Not Applicable

See page 6 of the attached memo for suggested motions.

Memo

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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

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

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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

-1 Central Business

Add

– Conditional Use

CMU Central Mixed Use

Add

– Conditional Use

-2 Secondary Business

Add

– Conditional Use

-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

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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

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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

Permitted Use

CMU Central Mixed

Use

Add

–

Conditional Use

Permitted Use

C-2 Secondary

Business

Add

–

Conditional Use

Permitted Use

C-3 Highway

Business

Add

–

Conditional Use

Permitted Use

HMU Highway

Mixed Use

Add

–

Conditional Use

Permitted Use

PCD Planned

Commercial

Development

Add

– 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.

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CITY COUNCIL

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PAGE 5

Planning Board Recommendations

District

Existing Side and Rear

Building Setbacks

Side and Rear Building

Setbacks for

Microbreweries

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

-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.

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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]

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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

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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:

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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

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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.

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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

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CITY COUNCIL

TEXT AMENDMENT

JULY 2, 2015

PAGE 12

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PLANNING BOARD

TEXT AMENDMENT

JUNE 8, 2015

PAGE 13

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PLANNING BOARD

TEXT AMENDMENT

JUNE 8, 2015

PAGE 14

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PLANNING BOARD

TEXT AMENDMENT

JUNE 8, 2015

PAGE 15

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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.

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.

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

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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.

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

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

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.

50,000

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."

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

HASE 1

PHASE 1

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.

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

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

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

Committee.

n/a

Yes

I move to (re)appoint ...

applications, member lists

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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

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).

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

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