garner town council agenda december 6, 2010

8/8/2019 Garner Town Council Agenda December 6, 2010

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Garner Town Council

December 6, 2010

The Garner Town Council will meet in regular session at 7:00 P.M. on

Monday, December 6, 2010 in the Town Council Meeting Room

Dinner will be served for Town Officials in the conference room at 6:15 pm

A CALL MEETING TO ORDER

B PLEDGE OF ALLEGIANCE Council Member Johns

C INVOCATION Council Member Johns

D ADOPTION OF AGENDA

E PRESENTATIONS

1. Residential Property of the Month Award, 101 Monabreeze Way,Johnson and Blessing Uwa

Presenter: Reggie Buie

2. Commercial Property of the Month Award, Raleigh PediatricAssociates, 1405 Timber Drive East, Tonya Wade-Garner Office,Site Manager

Presenter: Reggie Buie

3. Capital Trees AwardPresenter: Lois Nixon, Triangle J Regional Appearance Commission

4. Presentation of Proclamation for Human Rights Day, Bill ofRights Day and Human Rights Week, 2010

5. Update from the Veterans Memorial CommitteePresenter: Harold Annis, President

F PETITIONS AND COMMENTS

This portion of the meeting is to receive comments from the public

on items not included in this agenda. Citizens should sign up with

the Town Clerk to speak prior to the start of the meeting. The

Council is interested in hearing your concerns, but may not take

action or deliberate on subject matter brought up during the

Petitions and Comments segment. Topics requiring further

investigation will be referred to the appropriate Town officials or

staff and may be scheduled for a future agenda.

G CONSENT


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2. Adoption of Town of Garner Streetscape Master PlanOne of the recommendations from the North Garner Plan was to

design and implement streetscape improvements along Main

Street. This Streetscape Master Plan provides a vision and

framework for future development within this core area as well

as the community as a whole. Through facilitated workshops, a

steering committee conceived, developed and finalized the

plan.

Action: Adoption of Town of Garner Streetscape Master Plan

3. Set Public Hearing on Amendments to the Unified DevelopmentOrdinance Regarding Signs

Staff requests a public hearing be set on January 3, 2011 to

receive public input on a proposed amendment to the Unified

Development Ordinance (UDO). The amendment recommends changes

to regulations regarding off-premise signs advertising

residential subdivisions and on-site signs advertising large

construction projects.

Action: Set hearing for January 3, 2011

4. Permit New Years Eve Concert to Extend Past the 11:00 P.M.Deadline

A concert is planned at the Historic Auditorium on New Years Eve

that will run until 12:15 A.M. This will require authorization of

the Town Council to waive Section 4.5 of the Town Special Events

Policy which requires sound systems to conclude by 11:00 P.M. and

waive Section 11-15 of the Garner Town Code that prohibits sound

systems after 10:00 P.M.

Action: Waive Special Events Policy Requirements and Noise

Requirements of Section 11-15 of the Town Code for an

event scheduled to begin December 31, 2010

5. Ordinance Amending the 2010 2011 Town Operating BudgetThis ordinance amendment recognizes proceeds from the sale of

Squad Vehicle #881 and provides funding to pay balance of the

outstanding loan and interest on Squad Vehicle #881; provides

funding for the School Traffic Study and recognizes the

balance of proceeds from Squad Vehicle #881 as an increase of

contingency.

Action: Adopt Ordinance No. (2010) 3602


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2. UDO Text Amendment UDO-10-04 Regarding Procedures forReasonable Accommodation

Presenter: Brad Bass, Planning Director

The purpose of this hearing is to receive public input on a

proposed amendment to the Unified Development Ordinance (UDO).

The amendment proposes changes to Section 3.17 regarding

Special Exceptions.

Action: Refer to Planning Commission

3. Ordinance to Adopt Annexation Petition, ANX-10-08 RachelBlalock Property at 5001 Old Stage Road


Rachel Blalock has petitioned to annex property located at

5001 Old Stage Road resulting from a request to connect to

public water. The legal requirements to proceed with this

annexation have been met. If adopted, the Ordinance

authorizes the annexation to become effective December 31,

2010.

Action: Adopt Ordinance No. (2010) 3603

I OLD/NEW BUSINESS

1. NCDOT Municipal Agreement regarding Don Miller Drive SidewalkProject


CAMPO notified member jurisdictions that the Non-Competitive

STP-DA (STP-DA) funds individual communities had been

banking over the last several years needed to be obligated

this year. Garner has accumulated $78,000 that can be used for

a bicycle, pedestrian or transit project. The Town request for

funding the Don Miller Drive Sidewalk Project was approved by

CAMPO. A 20% local match is required ($19,500) along with a

Municipal Agreement with NCDOT to be in place by December 31,

2010. Funding for the grant match has not been appropriated

therefore a budget amendment will be required if Council

authorizes the execution of the agreement.

Action: Consider Authorization of Agreement; Approve

Ordinance No. (2010) 3604 Amending the Operating

Budget

2. Town of Garner Fiscal Policy Guidelines


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J COMMITTEE REPORTS

K MANAGER REPORTS

1. Star Tracker2. Building Permit Activity3. Personnel Report4. Enforcement Report5. Sign Enforcement Report

L ATTORNEY REPORTS

M COUNCIL REPORTS

N CLOSED SESSION PURSUANT TO N.C.G.S. 143-318.11(a)(5) to discusspossible real estate acquisition and the Towns negotiating position

regarding such real estate.

O ADJOURNMENT


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PROCLAMATION

TOWN OF GARNER

WHEREAS, The United States was founded on the principle that

government must respect people's rights to speak freely, worship as they choose,

and pursue their dreams in liberty. As we remember the enduring importance of

our Constitution's Bill of Rights, our thoughts turn to those who have yet to

secure these precious liberties. During Human Rights Day, Bill of Rights Day, and

Human Rights Week, Americans celebrate the rights bestowed upon all by ourCreator and reaffirm our deep commitment to helping those whose desire for

liberty and justice is still dismissed and denied.

WHEREAS, In a free society, every person is treated with dignity and can

rise as high as their talents and hard work will take them. Freedom is the eternal

birthright of all humanity, and during Human Rights Day, Bill of Rights Day, and

Human Rights Week, we renew our commitment to lead the cause of human

rights and pray for the day when the light of liberty will shine on all of humanity.

NOW, THEREFORE, I, Ronnie Williams, Mayor of Garner, NC, by virtue of

the authority vested in me by the Constitution and laws of the United States, do

hereby proclaim:

December 10, 2010, as Human Rights Day; December 15, 2010, as Bill of

Rights Day; and the week beginning December 10, 2010, as Human Rights Week.

I call upon the people of Garner to mark these observances with appropriate

ceremonies and activities.

In Witness Whereof, I have hereunto set

my hand and caused the Great Seal of the

Town of Garner, North Carolina, to be

affixed this 6th day of December 2010.

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MEMORANDUM

To: Honorable Mayor and Town Council

From: Judy Bass, Town Clerk

Date: December 2, 2010

Subject: Town Council Meeting Dates for 2011

Attached is a list of proposed meeting dates for 2011. As set forth

in the Town Code, when a meeting date falls on a holiday, the

meeting will be held the following day. For example, July 4 is on

Monday, therefore the meeting will be held on Tuesday, July 5.

Please note a change in the September meeting calendar. The Manager

and Assistant Manager are scheduled to be at the ICMA Conference onSeptember 20, 2011. We are proposing the meeting date be changed to

Tuesday, September 13.

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2011 TOWN COUNCIL MEETING DATES

MONTH DATE DAY TYPE TIMEJanuary 3 Monday Regular 7:00

18 Tuesday Regular 7:0025 Tuesday Work Session 6:00

February 7 Monday Regular 7:0022 Tuesday Regular 7:0028 Monday Work Session 6:00

March 7 Monday Regular 7:0022 Tuesday Regular 7:00

29 Tuesday Work Session 6:00

April 4 Monday Regular 7:0019 Tuesday Regular 7:0026 Tuesday Work Session 6:00

May 2 Monday Regular 7:00

17 Tuesday Regular 7:0031 Tuesday Work Session 6:00

June 6 Monday Regular 7:0021 Tuesday Regular 7:0028 Tuesday Work Session 6:00

July 5 Tuesday Regular 7:0019 Tuesday Regular 7:0026 Tuesday Work Session 6:00

August 1 Monday Regular 7:0016 Tuesday Regular 7:0030 Tuesday Work Session 6:00

September 6 Tuesday Regular 7:0013 Tuesday Regular 7:0027 Tuesday Work Session 6:00

October 3 Monday Regular 7:00

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GARNER REVITALIZATION ASSOCIATION

111 West Main Street, Suite 200, Garner NC 27529

Phone 919-773-4402 email: [email protected]

December 1, 2010

Garner Town Council

Town of Garner

900 Seventh Avenue

Garner, NC 27529

Dear Council Members:

I am writing on behalf of the Garner Revitalization Association to express our support of

the proposed Streetscape Master Plan. This plan was recommended in the North GarnerPlan and integrates with the recently adopted Historic Downtown Garner Plan to form a

cohesive long range vision for a revitalized Downtown Garner.

I had the opportunity to serve on the steering committee for this project along with

members of the GRA Board of Directors, members of our Beautification Committee,

Downtown property owners and merchants. The inclusive process through which this

plan was developed took into consideration the unique views of this diverse group and

created a plan that balances a respect for our heritage with amenities needed for an activeand prosperous Downtown district.

Many of the recommendations in the proposed Streetscape Master Plan are critical to the

success of our combined efforts to revitalize Downtown Garner. We encourage you to

adopt the Streetscape Master Plan and give sincere consideration to prioritizing the Fast

Track Projects identified therein. We look forward assisting the Town of Garner in the

implementation of this plan.

Sincerely,

John Hodges

John Hodges

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Garner Streetscape Plan Summary

The Garner Streetscape Master Plan was authorized by the Town Council in October 2008. The

Council appointed a Steering Committee (separate from the Transportation Plan Committee) to

assist with the development of this plan. One of the recommendations from the North Garner

Plan was to design and implement streetscape improvements along Main Street. The proposed

Streetscape Plan implements the design portion of this recommendation. The Steering

Committee held a series of meetings in 2009 with Staff and the Consultant to work through

the development of the Plan. An informal Open House meeting was held in April 2009 to

gain public input on the preliminary design concepts. Staff and the Consultant continued

to evaluate the preliminary document while waiting for the Historic Downtown Garner Planto evolve in order to ensure the two planning efforts were properly coordinated. An Open

House meeting was held in March 2010 for the public to view both the Streetscape Plan and

the 2010 Garner Transportation Plan. Council reviewed the draft Streetscape Master Plan at

its July 2010 work session requested staff and the consultant to make several revisions to the

draft.

The revisions have been made and we are now presenting the revised Streetscape Master Planto the Town Council for adoption consideration. A copy of the Plan is enclosed for the

Councils review.

Summary

Design Process

The foundation of Garners Streetscape Plan has been the value of

workshops and the charrette process. This problem-solving

process utilized in the development of the master plan established

a clear vision along with identifying opportunities and constrains

from which the project design alternatives would be developed.

The outcome of the Garners Streetscape Plan process was a

clearly defined vision, an understanding of opportunities and

constraints, and the development of a consensus based master

plan that addressed project principals.

Process Overview

Guiding Principals Identify Project Limits and

Focus Areas

Develop Project Vision Develop Project Goals Challenges and

Opportunities Conceptual Development Conduct Public Workshop Development of Conceptual

Alternatives

Development of PreferredAlternative

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Design Recommendations

1. Downtown Core:

The design proposed along Main Street transforms the existing streetscape into a visual spine between

New Rand and Benson Road. This visual spine is a town scaled boulevard with a community gathering

place in its center. The new town square is an important community space that provides the Town of

Garner a location for special events, Informational, Directional, and Cultural Signage. In addition this

space acts as a speed table providing traffic calming measures as well as increasing automobile and foottraffic for local business along Main Street.

Site Program

Delineate sidewalk into nine foot clear zone and five foot furnishing zone Brush sweep and score concrete clear zone and brick furnishing zone Add one foot concrete base for lamp post Relocate existing lamp post adding lighted bollards, benches, trash receptacles, bike rack, and post box Add street trees and metal tree grates Create brick welcoming platform/ speed table with lighted bollards, lamp post, and informational,

directional, and cultural signage

Add crosswalks and handicap parking adjacent to welcoming platform Restripe existing parking from angular to perpendicular Plant wild flowers with 70% yellow mix between railroad and Main Street Landscape groupings along Garner Road Corridor

2. Benson Road at West Garner and Main:

The following represents the site program for Benson Road and Main Street. Benson Road is an

important Linkage to Main Street from US-70 and it connection to West Garner Road.

Site Program-Benson at West Garner

Develop a sidewalk system south of West Garner along Benson Road Add chokers/ bulb-outs reducing high speed right turns Install pedestrian cross walks and activated signals at all corners Install bicycle lanes along Garner Road beginning at the Benson intersection Install destination and gateway signage at both corners of Benson and West Garner intersection Install curb and gutter along Webbs gas station

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Site Program-Benson at Main

Install Historic Downtown Garner signage Add curb and gutter along Benson Road from Main Street to West Garner Add streetscape planting Add five foot sidewalks with a four foot grass strip along Main Street

3. Benson Road at US 70:

The following represents the site program for Benson Road at US-70 and is an important gateway to

Downtown Garner.

Site Program

Extend sidewalk system on east side of Benson Road to Main Street Add directional signage north of bridge Add pedestrian cross walks north of bridge Add streetscape planting north of bridge along both sides of Benson Road Eliminate fast right turns south of bridge and add cross walks with pedestrian activated signals Add sidewalk system south of bridge on the east side Future replacement bridge-add bike lanes and eight foot multi-use sidewalk on east side of bridge

4. New Rand Road at US 70:

The following represents the site program for New Rand at US-70 and is an important gateway toDowntown Garner.

Site Program

Widen New Rand Road from ten foot to eleven foot lanes Curb and gutter New Rand from US 70 to Main Street Add sidewalk system on east side of New Rand Road from US 70 to Main Street Add streetscape planting beginning north of turn lane along New Rand Road and ending at the

intersection of Main Street

Add crosswalks with pedestrian activated signals across US-70

5. New Rand Road and Garner:

The following represents the site program for New Rand and Garner Road and is an important gateway

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Add streetscape planting beginning north of turn lane along New Rand Road and ending at theintersection of Main Street

Add crosswalks with pedestrian activated signals across Garner Road

Recommendation

The Planning Commission reviewed the Streetscape Master Plan at its July 12, 2010 meeting

and recommended approval of the Plan. Therefore, staff recommends the Town Council to

formally adopt Streetscape Master Plan.

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TOWN OF GARNER

MEMORANDUMTo: Hardin Watkins

Town Manager

From: Lin Jones

Finance Director


Subject: Budget Amendment

1. Recognize proceeds from sale of Squad Vehicle #881 ($335,000)2. Provide funding to pay balance of loan outstanding ($315,621) and

interest ($1,341) on Squad Vehicle #881. Funding will be by

proceeds from sale of Squad Vehicle #881.

3. Provide funding for School Traffic Study ($8,500). Funding willbe by proceeds from sale of Squad Vehicle #881.

4. Recognize balance of proceeds from Squad Vehicle #881 ($9,538) asan increase of contingency.

CURRENT AMENDED NET CHANGE

GENERAL FUND

REVENUES

10309000 Proceeds from sale

476010 of Assets $ 7,500 $ 342,500 $ +335,000

EXPENDITURES

104110-

104120 Legislative $1,023,524 1,033,062 +9,538

104610-

104630 Planning 632,344 640,844 +8,500

105800 Debt Service 897,028 1,213,990 +316,962

Line items for this amendment are as follows:

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ORDINANCE NO. (2010) 3602

ORDINANCE AMENDING ORDINANCE NO. (2010) 3586

WHICH ESTABLISHED THE 2010 - 2011 OPERATING BUDGET

BE IT ORDAINED by the Town Council of the Town of Garner, North Carolina:

Section One. That the GENERAL FUND be amended as follows:


GENERAL FUND

REVENUES

10309000 Proceeds from sale

476010 of Assets $ 7,500 $ 342,500 $ +335,000

EXPENDITURES

104110-

104120 Legislative $1,023,524 1,033,062 +9,538

104610-

104630 Planning 632,344 640,844 +8,500

105800 Debt Service 897,028 1,213,990 +316,962

Section Four. Copies of this ordinance shall be furnished to theFinance Director and the Town Clerk for their direction in the disbursementof the Town's funds and for public inspection.

Duly adopted this 6th

day of December, 2010.

_______________________________Mayor Ronnie S. Williams

ATTEST: _______________________Town Clerk


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TOWN OF GARNERSTAFF REZONING REPORT

Town CouncilDecember 6, 2010

APPLICATIONS: Z 10-01

APPLICANT: GFR Properties, LLC

OWNER: GFR Properties, LLC

LOCATION OFPROPERTY:

Vacant lot on Poole Drive north of Georgetowne Manorand adjacent to the Garner Civitan Club

WAKE COUNTY PIN #: 1710374934

AREA:

TOWN LIMITS:

1.67 Acres

Yes

PRESENT ZONING: Office and Institutional (O&I)

OVERLAY:N/A

REQUESTED ZONING:Multi-Family 2 (MF-2)

KEY MEETING DATES:

To n Co ncil P blic Hearing December 6 2010

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REZONING REPORT

GENERAL DESCRIPTION:

Contrast Between Existing and Proposed Zoning Classifications

The existing

The following is a list of permitted uses under this O&I district.

zoning district for the1.67-acre site is Office and Institutional. The O&Idistrict has been established to accommodate more intense professional and serviceoccupations than permitted in the Neighborhood Office (NO) district. This district is alsointended to serve as a transition between residential districts and more intense districts,including commercial districts.

1. Townhouses and Condominiums2. Community Center3. Library, museum, art gallery4. Other community service5. Fraternal clubs and lodges6. Adult daycare7. Day Care Center8. Business School. College, or university in single building9. College, university10. Schools public or private11. Trade or vocational school12. Ambulance, rescue squad, police, fire station13. Government office14. Continuing care, retirement facility15. Hospice16. Hospital

17. Medical clinic18. Mental health facility19. Group care facility20. Handicapped institution21. Intermediate care institution22. Cemetery23. Public parks, swimming pools, tennis and golf courses

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31. Bed and breakfast32. Commercial parking33. Indoor repair oriented use

34. Veterinarian / kennel, indoor

The proposed

zoning district is Multi Family 2 (MF-2). The MF-2 district is a highdensity multi-family residential district that allows apartments, condos, townhomes,duplexes, and triplexes. The MF-2 district allows a gross density of approximately 13.85

dwelling units per acre. The 1.67-acre site could theoretically accommodate 23 units,but with development requirements such as building setbacks, parking, and perimeterbuffers a maximum of 15 to 20 units could be expected.

The following is a list of permitted uses under the MF-2 district.

1. Residential cluster2. Duplexes

3. Townhome4. Condominium5. Triplexes & apartments6. Family Care Home7. Group Care Home8. Intermediate Care Home9. Community Center10. In-home Child Day care (up to 3 children)11. Schools public or private12. Public safety: fire, police, rescue squad, ambulance

13. Continuing care retirement facility14. Cemetery15. Public Parks, swimming pool, tennis courts, golf course16. Churches, religious institutions17. Minor utility, elevated water storage tank18. Private parks, country clubs, golf courses

19. Bed and Breakfast

Adjacent Zoning and Land Uses

North- Neighborhood Commercial (NC); Webbs Mini Mart & Gas Station

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Rezoning Request Summary

The rezoning site is approximately 1.67 acres in size. The property is vacant,undeveloped, and is located on Poole Drive. The tract is considered an infill sitebecause development has already occurred around it in the 1970s and 1980s. There isanother vacant infill site on the corner of Poole Drive and Aversboro Road.

The property is zoned O&I. The property owner is requesting a rezoning to MF-2, withplans to develop the site at a future date into multi-family dwelling units. No sitedevelopment plan has been submitted at this time.

Neighborhood Character

This area along and near the intersection of Poole Drive and Aversboro Road operatesas a neighborhood activity center. There is a mix of residential housing densitiesincluding Heather Hills (Single-family), George Towne Manor (Townhomes), KirkwallVillas (Townhomes), and Riverbirch (Townhomes). There is also a mix of office and

retail uses as well.

Zoning History

The Planning Departments rezoning database contains the following rezoning cases inthis area. Most of these cases are over 20 years old.

Case Applicant Location Zoning Change

Z 72-12 William LloydAcross from Garner

CivitanR-12 to R-12A

Z 74-2 J & P Oil Company Webbs Minimart R-20 to RB

Z 80-10 George Rucker Rezoning site MF-2 to O&I

Z 86-25 Robert Hamilton 1401 Aversboro Rd MF-2 to O&I

Z 87-10 W A Weston Aversboro Square R-12 to CB

CUD-Z-02-06 Real Estate Management Lawndale Townes O&I to MF-1

INFRASTRUCTURE

Public Water & Sewer

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TRANSPORTATION

The rezoning site has approximately 218 feet of frontage on Poole Drive. Poole Drive isa 2-lane collector street with a 60-foot right of way. It is maintained by the Town ofGarner. Traffic counts are not available.

The site is within 300 feet of Aversboro Road (SR 2710). This is a 4-lane facility with an

80-foot right of way. It is maintained by NCDOT. This road is classified as a Major

Thoroughfare on the 2010 Garner Transportation Plan. According to 2009 NCDOTtraffic counts, Aversboro Road in this area has 8,800 trips per day.

Due to the small size of the property (1.67 acres), the traffic impacts should be minimal.Developing the site into 20 dwelling units would generate approximately 130 trips.Traffic will be further evaluated when a specific site development is submitted, butsignificant traffic impacts are not anticipated.

ENVIRONMENT

The property is not located within a flood plain. There is a blue line that runs along thewestern property line. Our records show this to be a Reedy Creek Tributary. There islikely a 50-foot state riparian buffer that will apply to this stream feature. If this is adesignated buffer area development cannot encroach into it. This issue will beaddressed in more detail during development plan review.

STAFF COMMENTARY

Conformity to Adopted Town Plans

According to the Town of Garner Comprehensive Growth Plan, the rezoning site islocated within the boundary of a Neighborhood Center (N15). The NeighborhoodCenter is designed to serve the daily needs of the surrounding residential population.These centers are pedestrian scaled with a limited mixed use area at the center. At thecore, generally located at the intersection of minor arterials, is an area of mixed-use

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The recommended zoning districts include: Central Business District (CBD),Neighborhood Commercial (NC), Office and Institutional (O&I), Neighborhood Office

(NO), Multi-Family 1 and 2 (MF-1 & MF-2), Mixed Use Development (MXD), TraditionalNeighborhood Development (TND), Planned Unit Development (PUD), and Residential9 (R-9). The recommended residential density range for this location ranges from 4.84(R-9) to 13.85 (MF-2) dwelling units per acre.

The requested zoning change from O&I to MF-2 is consistent with therecommendations of the Comprehensive Growth Planfor this area of the community.

While there are no immediate plans to develop the site, the property owner wishes to

move forward with the rezoning to change the allowable uses to include multi-family.

STAFF RECOMMENDATION

Staff finds that Rezoning Application Z-10-01 is consistent with the recommendations ofthe Comprehensive Growth Planfor this area of the community. After conducting the

public hearing the Town Council will need to prefer this matter to the PlanningCommission for its review and recommendation. Staff will provide a recommendationto the Planning Commission which meets at 7 p.m. on December 13, 2010.

Prepared by: David BamfordReviewed by: Brad BassH:\Planning Department\PLA-06\rez\Z 10-01.doc

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MEMORANDUM

TO: Hardin WatkinsTown Manager

FROM: Brad Bass, AICPDirector of Planning

DATE: December 1, 2010

SUBJECT: Unified Development Ordinance Text Amendment RegardingReasonable Accommodation under the Federal Fair Housing Act

Background

Recently there has been discussion with the Town Council regarding the need for the

Town of Garner to amend the Unified Development Ordinance (UDO) to establishprocedures for individuals seeking a reasonable accommodation from the Town that isconsistent with Federal Fair Housing Act. The Federal Fair Housing Act makes itunlawful for anyone ... to discriminate against any person in the terms, conditions orprivileges of sale or rental of a dwelling, or in the provision of services or facilities inconnection with such dwelling, because of a handicap... and defines discriminationas including ...a refusal to make reasonable accommodations in rules, policies,practices or services, when such accommodations may be necessary to afford suchperson equal opportunities to use and enjoy a dwelling. The scope of the lawextends to landlords, rental agents brokers and local governments.

Summary of the Proposed Text Amendment

1. Creates a new section entitled 3.17 Special Exceptions; and2. Authorizes the Board of Adjustment to review requests for special

accommodation and grant a special exception from UDO requirementsprimarily as it relates to disabled or handicapped homes; and

3. Requires a formal application to be filed which follows the same procedures

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4. Establishes the following approval criteria that Board of Adjustment must usein order to grant a special exception:

(a) "Reasonable. An accommodation will be determined to be reasonable if itwould not undermine the legitimate purposes and effects of existing zoningregulations and the benefits that the accommodation would provide to thehandicapped, and if it will not impose significant financial and administrativeburdens upon the Town and/or constitute a substantial or fundamentalalteration of the Town's ordinance provisions); and

(b) "Necessary." An accommodation will be determined to be necessary if itwould provide direct or meaningful therapeutic amelioration of the affects ofthe particular disability or handicap), and would afford handicapped ordisabled persons equal opportunity to enjoy and use housing in residentialdistricts in the Town.

Action

A copy of the draft amendment to the UDO on this matter is enclosed for Councilsreview. After conducting the public hearing and receiving comments, Council willneed to close the hearing and refer the matter to the Planning Commission whichwill meet at 7 p.m. on December 13, 2010.

Should you have questions, please advise.

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Draft

ORDINANCE NO.

AN ORDINANCE TO AMEND ORDINANCE NO. (2003) 3250 ENTITLED THE

GARNER UNIFIED DEVELOPMENT ORDINANCE FOR THE TOWN OF GARNER AND

ITS EXTRATERRITORIAL JURISDICTION

Section One. That a new Section 3.17, Special Exceptions

be established as follows:

3.17. Special exceptions.

A. Applicability. The Board of Adjustment is authorized to

grant special exceptions for the special circumstances set forth

in this section to allow for a reasonable accommodation under

the Federal Fair Housing Act.

B. Application. An application for a special exception under

this section shall be submitted to the Board of Adjustment by

filing a copy of the application with the Planning Director. Nofiling fee shall be required for such application.

C. Approval process. The procedures set forth in Section

3.15.C for variances shall apply to Staff Review and Report,

Public Hearing Notice and Action of the Board of Adjustment.

D. Approval criteria. The Board of Adjustment shall grant a

special exception to any provision of this ordinance as areasonable accommodation under the Federal Fair Housing Act if

the Board finds by the greater weight of the evidence that the

proposed special exception is:

(i) "Reasonable." An accommodation will be determined to be

reasonable if it would not undermine the legitimate purposes and

effects of existing zoning regulations and the benefits that the

accommodation would provide to the handicapped, and if it willnot impose significant financial and administrative burdens upon

the Town and/or constitute a substantial or fundamental

alteration of the Town's ordinance provisions);and

(ii) "N " A d ti ill b d t i d t b

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Draft

Section Two. All ordinances or portions thereof in

conflict with this ordinance are hereby repealed.

Duly adopted this day of , 2010.

____________________________

Ronnie S. Williams, Mayor

ATTEST:__________________________

Judy Bass, Town Clerk

APPROVED AS TO FORM:_________________________

William E. Anderson

Town Attorney

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Town of GarnerAnnexation Staff Report

Garner Town Council Public HearingDecember 6, 2010

ANNEXATION APPLICATION: ANX-10-08

OWNER:

Rachel Blalock

CONTIGUOUS / SATELLITE: Satellite

LOCATION OF PROPERTY: 5001 Old Stage Roadnear US 401

WAKE COUNTY PIN #:

REAL ESTATE ID #:

1701148445

0006529

AREA: 0.57 acres

ZONING: R-20 Residential

ASSOCIATED DEVELOPMENTPLAN:

There is no site development plan associatedwith the property. The property owner hasrequested connection to public water due toconcerns regarding ground water contaminationnorth of their property (Dry Cleaners). Severalneighboring property owners in the area have

also recently annexed including Sydney Collins,Judy Collins, and Herman Collins.

PROPOSED USE: Single-family residential

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AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE

TOWN OF GARNER, NORTH CAROLINA

WHEREAS, the Town Council of the Town of Garner has been

petitioned under G.S. 160A-58.1 to annex the area described below; and

WHEREAS, the Town Council has by resolution directed the Town

Clerk to investigate the sufficiency of the petition; and

WHEREAS, the Town Clerk has certified the sufficiency of the

petition and a public hearing on the question of this annexation was

held at the Town Hall at 7:00 PM on December 6, 2010 after due noticeby the Garner Citizen on November 17, 2010, and

WHEREAS, the Town Council finds that the area described therein

meets the standards of G.S. 160A-58.l(b), to wit:

a. The nearest point on the proposed satellite corporate limits isnot more than three (3) miles from the corporate limits of the

Town of Garner;

b. No point on the proposed satellite corporate limits is closer toanother municipality than to the Town of Garner;

c. The area described is so situated that the Town of Garner will beable to provide the same services within the proposed satellite

corporate limits that it provides within the primary corporate

limits;

d. No subdivision, as defined in G.S. 160A-376, will be fragmentedby this proposed annexation;

WHEREAS, the Town Council further finds that the petition has

been signed by all the owners of real property in the area who are

required by law to sign; and

WHEREAS, the Town Council further finds that the petition is

otherwise valid, and that the public health, safety and welfare of the

Town of Garner and of the area proposed for annexation will be best

served by annexing the area described;

NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of

Garner, North Carolina that:

Section 1. By virtue of the authority granted by G.S. 160A-58.2,


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MEMORANDUM

TO: Hardin WatkinsTown Manager

FROM: Brad Bass, AICPDirector of Planning

DATE: December 1, 2010

SUBJECT: NCDOT Municipal AgreementDon Miller Drive Sidewalk Project

Background

Staff briefed the Town Council at its August 2, 2010 meeting that CAMPO had notifiedmember jurisdictions in June about the Non-Competitive STP-DA funds that individual

communities had been banking over the last several years needed to be obligatedthis year or be lost. Garner has accumulated $78,000 that can be used for a bicycle,pedestrian or transit project. The Council authorized staff to submit a request toCAMPO for funding of the Don Miller Drive Sidewalk Project. Staff was recentlynotified that this project is eligible for STP-DA funding. These types of projectsmust be managed by the local jurisdiction and be funded upfront locally withperiodic reimbursements from NCDOT. A 20% local match is required ($19,500).A Municipal Agreement with NCDOT is required and must be in place by December

31, 2010

. Funding for the project has not been appropriated therefore a separatebudget amendment will be required if Council authorizes the execution of theagreement.

Proposed Project

The sidewalk project is located on the east side of Don Miller Drive. It will connectsidewalks at Aversboro Elementary School to existing sidewalks along Timber Drive(see attached map). The new 2010 Garner Transportation Plan identifies this as ahigh priority sidewalk. Estimated costs for the project closely align with availablefunding from CAMPO. The Engineering Department advises it has received requests forthis sidewalk in the past from the principal of the elementary school. The sidewalkwill complete a connection for pedestrians (mostly school age kids) from several

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Department will manage the project

. They anticipate the project design could startin early spring of 2011 with construction starting in the summer of 2011 andcompletion projected for the fall of 2011.

Action

Staff requests Council to authorize the execution of the NCDOT Municipal Agreementregarding the Don Miller Drive Sidewalk Project. Approval of a separate budgetamendment will be required in order to provide funding for the project

.

Please advise if you have questions.

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Executive Summary

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Executive Summary

The Executive Summary is a summation of this agreement and is not intended to be usedas the agreement between the Department (North Carolina Department of Transportation)

and the Party (Entity).

Entity: Town of Garner County:WakeTIP:EL-5100 MAProject: Don Miller Drive Sidewalk

Scope: Constructing approximately 500 linear feet of sidewalk along the east side of Don Miller

Drive from existing sidewalk on Claymore Drive at the elementary school to existing sidewalk onTimber Drive.

Eligible Activities:

DesignPE 41821.1.27

Environmental

ROW AcquisitionROW ____________

Utility Relocation

CON 41821.3.27 Construction

OTHER

FEDERAL-AID STPDA-0508(4)

Fund Source Federal FundsAmount

ReimbursementRate

Non-FederalMatch $

Non-FederalMatch Rate

STP-DA $78,000 80 % $19,500 20 %

Total Estimated Cost $97,500

Responsibility:TheTown of Garner shall be responsible for all aspects of the project.


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WHEREAS, this Agreement is made under the authority granted to the Department by the North

Carolina General Assembly including, but not limited to, the following applicable legislation: General

Statutes of North Carolina (NCGS) Section 136-66.1, Section 136-71.6, Section 160A-296 and 297,

Section 136-18, Section 136-41.3 and Section 20-169, to participate in the planning, construction

and/or implementation of the Project approved by the Board of Transportation.

NOW, THEREFORE, this Agreement states the promises and undertakings of each party as herein

provided, and the parties do hereby covenant and agree, each with the other, as follows:

1. GENERAL PROVISIONS

AGREEMENT MODIFICATIONS

Any modification to this Agreement will be agreed upon in writing by all parties prior to being

implemented.

Any increases to the funding amount will be agreed upon by all parties by means of a

Supplemental Agreement.

SPONSOR TO PERFORM ALL WORK

The Municipality shall be responsible for administering all work performed and for certifying to the

Department that all terms set forth in this Agreement are met and adhered to by the Municipalityand/or its contractors and agents. The Department will provide technical oversight to guide the

Municipality. The Department must approve any assignment or transfer of the responsibilities of

the Municipality set forth in this Agreement to other parties or entities.

COMPLIANCE WITH STATE/FEDERAL POLICY

The Municipality, and/or its agent, including all contractors, subcontractors, or sub-recipients shall

comply with all applicable Federal and State policies and procedures, stated both in this

Agreement and in the Departments guidelines and procedures, including the Local Programs

Management Handbook.

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2. SCOPE OF PROJECT

The Project consists of constructing approximately 500 linear feet of sidewalk along the east side

of Don Miller Drive from existing sidewalk on Claymore Drive at the elementary school to existing

sidewalk on Timber Drive.

The Departments funding participation in the Project shall be restricted to the following eligible

items:

Design

Environmental Documentation

Construction

as further set forth in this Agreement.

3. FUNDING

Subject to compliance by the Municipality with the provisions set forth in this Agreement and the

availability of federal funds, the Department shall participate up to a maximum amount of Seventy

Eight Thousand Dollars ($78,000), as detailed below. The Municipality shall provide a local

match, as detailed in the FUNDING TABLE below, and all costs that exceed the total estimated

cost.

FUNDING TABLE

Fund Source Federal FundsAmount

ReimbursementRate

Non-FederalMatch $

Non-FederalMatch Rate

STP-DA $78,000 80 % $19,500 20 %

Total Estimated Cost $97,500

4. TIME FRAME

The Municipality, and/or its agent, shall complete pre-construction activities, to include

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Department may extend the deadline for milestone activities if, in the opinion of the Department,

circumstances warrant. Extensions of time granted will be documented in writing.

The Project must progress according to the milestone dates or the Department and/or FHWAreserves the right to de-obligate said funding.

5. PRELIMINARY ENGINEERING AUTHORIZATION

If Preliminary Engineering is an eligible expense, then upon receipt of an executed agreement,

the Department will authorize Preliminary Engineering funds and shall notify the Municipality, in

writing, once funds have been authorized and can be expended. The Municipality shall not

initiate any work, nor solicit for any professional services prior to receipt of written authorization

from the Department to proceed. Any work performed, or contracts executed, prior to receipt of

written authorization to proceed will be ineligible for reimbursement.

6. PROFESSIONAL AND ENGINEERING SERVICES

The Municipality shall comply with the policies and procedures of this provision if Preliminary

Engineering and/or Construction Contract Administration is an eligible expense.

PROCUREMENT POLICY

When procuring professional services, the Municipality must adhere to Title 49 Code of FederalRegulations Part 18.36; Title 23 of the Code of Federal Regulations, Part 172; Title 40 United

States Code, Chapter 11, Section 1101-1104; NCGS 143-64, Parts 31 and 32; and the

Departments Policies and Procedures for Major Professional or Specialized Services Contracts.

Said policies and standards are incorporated in this Agreement by reference at

www.fhwa.dot.gov/legsregs/legislat.html and www.ncleg.net/gascripts/Statutes/Statutes.asp .

The Municipality shall ensure that a qualified firm is obtained through an equitable

selection process, and that prescribed work is properly accomplished in a timely manner

and at a just and reasonable cost.

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SMALL PROFESSIONAL AND ENGINEERING SERVICES FIRMS REQUIREMENTS

Any contract entered into with another party to perform work associated with the requirements of

this Agreement shall contain appropriate provisions regarding the utilization of Small ProfessionalServices Firms (SPSF). This policy conforms with the SPSF Guidelines as approved by the

North Carolina Board of Transportation. These provisions are incorporated into this Agreement by

reference www.ncdot.org/doh/preconstruct/ps/contracts/sp/2006sp/municipal.html

The Municipality shall not advertise nor enter into a contract for services performed as

part of this Agreement, unless the Department provides written approval of the

advertisement or the contents of the contract.

If the Municipality fails to comply with these requirements, the Department will withhold

funding until these requirements are met.

WORK BY ENTITY

If the Professional and Engineering Services required for this project will be undertaken by the

Municipality, and the Municipality requests reimbursement, then the Municipality must submit a

request and supporting documentation to the Department for review and approval, prior to any

work being initiated by the Municipality.

7. PLANNING / ENVIRONMENTAL DOCUMENTATION

The Municipality shall prepare the environmental and/or planning document, including any

environmental permits, needed to construct the Project, in accordance with the National

Environmental Policy Act (NEPA) and all other appropriate environmental laws and regulations.

All work shall be performed in accordance with Departmental procedures and guidelines. Said

documentation shall be submitted to the Department for review and approval.

The Municipality shall be responsible for preparing and filing with all proper agencies the

appropriate planning documents, including notices and applications required to apply for

those permits necessary for the construction of the desired improvements. Copies of

approved permits should be forwarded to the Department

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Municipality shall bear all costs associated with penalties for violations and claims due to

delays.

The Municipality shall be responsible for designing an erosion control plan if required bythe North Carolina Sedimentation Pollution Control Act of 1973, NCGS 113A, Article 4,

incorporated in this Agreement by reference at

www.ncleg.net/gascripts/Statues/Statutes.asp and obtaining those permits required

thereby in order to construct the Project. During the construction of the improvements,

the Municipality, and its contractors and agents, shall be solely responsible for

compliance with the provisions of said Act and the plan adopted in compliance therewith.

8. DESIGN

CONTENT OF PLAN PACKAGE

The Municipality, and/or its agent, shall prepare the Projects plans, specifications, and a

professional estimate of costs (PS&E package), in accordance with the Departments guidelines

and procedures, and applicable Federal and State standards. All work shall be submitted to the

Department for review and approval. The plans shall be completed to show the design, site

plans, landscaping, drainage, easements, and utility conflicts.

9. RIGHT OF WAY / UTILITY AUTHORIZATION

If the costs of right of way acquisition or utility relocation are an eligible expense, the Municipality

shall submit a letter of request to the Department to authorize and set up right of way and/or utility

funding. The acquisition for right of way, construction easements, and/or utility relocation may be

undertaken only after the Municipality receives written authorization from the Department to

proceed.

10. PROJECT LIMITS AND RIGHT OF WAY (ROW)

SPONSOR PROVIDES ROW

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ROW GUIDANCE

The Municipality shall accomplish all ROW activities, including acquisition and relocation, in

accordance with the following: Title 23 of the Code of Federal Regulations, Part 710, Subpart Band Title 49 of the Code of Federal Regulations, Part 24, [Uniform Act] incorporated by reference

at www.fhwa.dot.gov/legsregs/directives/fapgtoc.htm ; NCGS, Chapter 133, Article 2, Sections

133-5 through 133-18, Relocation Assistance, incorporated by reference at

www.ncleg.net/gascripts/Statutes/Statutes.asp ; and the North Carolina Department of

Transportation Right of Way Manual.

APPRAISAL

If the costs of ROW acquisition are an eligible expense, the Municipality shall submit the

appraisal to the Departments Right of Way Branch for review and approval in accordance with

Departmental policies and procedures.

CLEARANCE OF PROJECT LIMITS / ROW

The Municipality shall remove and dispose of all obstructions and encroachments of any kind or

character (including hazardous and contaminated materials) from said ROW, with the exception

that the Municipality shall secure an encroachment agreement for any utilities (which shall remain

or are) to be installed within the ROW. The Municipality shall indemnify and save harmless the

Department, Federal Highway Administration, and the State of North Carolina, from any and alldamages and claims for damages that might arise on account of said right of way acquisition,

drainage, and construction easements for the construction of said Project. The Municipality shall

be solely responsible for any damages caused by the existence of said material now and at any

time in the future and will save the Department harmless from any legal actions arising as a result

of this contaminated and/or hazardous material and shall provide the Department with

documentation proving the proper disposal of said material.

RELOCATION ASSISTANCE

The Municipality shall provide relocation assistance services and payments for families,

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11. UTILITIES

The Municipality, and/or its agent, at no liability to the Department, shall relocate, adjust, relay,

change or repair all utilities in conflict with the Project, regardless of ownership. All utility work

shall be performed in a manner satisfactory to and in conformance with State and Federal rules

and regulations, prior to Municipality beginning construction of the project. This Agreement does

not modify or supersede any existing Utility Encroachment Agreements that may be in place.

12. RIGHT OF WAY CERTIFICATION

The Municipality, upon acquisition of all right of way/property necessary for the Project, shall

provide the Right of Way Agent, located at the Departments Local Right of Way Office, all

required documentation (deeds/leases/easement/plans) to secure right of way certification from

that office. Certification is only issued after all ROW is in public ownership or property is publicly

accessible by a legal document and utilities in conflict with the project are relocated.

13. CONSTRUCTION AUTHORIZATION

The Municipality shall submit the required environmental and/or planning document, ROW

certification, final construction plans, total contract proposal, and an estimate of Project costs

(final PS&E package) to the Department for review and approval.

After approval of all documentation, the Department will request constructionauthorization from the Federal Highway Administration.

The Municipality shall not advertise for bids prior to receiving written construction

authorization from the Department.

14. CONTRACTOR PROCUREMENT

ADVERTISE FOR BIDS

Upon receipt of written construction authorization from the Department, the Municipality may

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www.fhwa.dot.gov/legsregs/directives/fapgtoc.htm ; and NCGS, Chapter 143, Article 8 (Public

Contracts), incorporated by reference at www.ncleg.net/gascripts/Statutes/Statutes.asp .

CONSTRUCTION CONTRACTOR REQUIREMENTS

All Contractors submitting bids on the project shall be pre-qualified by the Department. All

proposed subcontractors must be pre-qualified before construction work begins. Any

subcontractors who are proposed to meet the Disadvantaged Business Enterprise goal must be

certified by the Department.

CONSTRUCTION SUBCONTRACTOR REQUIREMENTS

Any contract entered into with another party to perform work associated with the requirements of

this Agreement shall contain appropriate provisions regarding the utilization of Disadvantaged

Business Enterprises (DBEs), or as required and defined in Title 49 of the Code of Federal

Regulations, Part 26 and the North Carolina Administrative Code. These provisions are

incorporated into this Agreement by reference

www.ncdot.org/doh/preconstruct/ps/contracts/sp/2006sp/municipal.html .

The Municipality shall not advertise nor enter into a contract for services performed as

part of this Agreement, unless the Department provides written approval of the

advertisement or the contents of the contract.

If the Municipality fails to comply with these requirements, the Department will withhold

funding until these requirements are met.

AWARDING CONTRACT

After the advertisement of the Project for construction bids, the Municipality shall request

concurrence from the Department to award the construction contract by submitting a letter along

with tabulated bids received depicting Disadvantaged Business Enterprises (DBE) goals, and a

resolution recommending award of the Project to the lowest responsible, responsive bidder. The

Department will review the submitted information and provide written approval to the Municipality

d ti t th D t t j tifi ti f j t d l d th t th P j t i i

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documenting to the Department justification for project delay and that the Project remains in

compliance with the terms of this Agreement, the approved plans and specifications, and current

codes.

FORCE ACCOUNT

Force account work is only allowed when there is a finding of cost effectiveness for the work to be

performed by some method other than a contract awarded by a competitive bidding process, or

there is an emergency. Written approval from the Department is required prior to the use of force

account by the Municipality. Federal Highway Administration regulations governing Force

Account are contained in Title 23 Code of Federal Regulations, Part 635.201, Subpart B; said

policy being incorporated in this Agreement by reference

www.fhwa.dot.gov/legsregs/directives/cfr23toc.htm . North Carolina General Statutes governing

the use of Force Account, Chapter 143, Article 8 (Public Contracts) can be found at

www.ncleg.net/gascripts/Statutes/Statutes.asp .

15. CONSTRUCTION

The Municipality, and/or its agents shall construct the Project in accordance with the plans and

specifications of the Project as filed with, and approved by, the Department. During the

construction of the Project, the procedures set out below shall be followed:

CONSTRUCTION CONTRACT ADMINISTRATION

The Municipality shall comply with the NCDOT Construction Manual as referenced at

http://www.ncdot.org/doh/operations/dp%5Fchief%5Feng/constructionunit/formsmanuals/construc

tion/, which outlines the procedures for records and reports that must be adhered to in order to

obtain uniformity of contract administration and documentation. This includes, but is not limited

to, inspection reports, material test reports, materials certification, documentation of quantities,project diaries, and pay records. The Municipality, and/or its agent, shall perform the construction

engineering, sampling and testing required during construction of the Project, in accordance with

Departmental procedures, including the Departments Guide for Process Control and Acceptance

S li d T ti Th M i i lit h ll d t th t id li li h d

SIGNAGE

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SIGNAGE

The Municipality shall provide and maintain adequate signage and other warning devices for the

protection of the public in accordance with the approved traffic control plans for the Project andthe current edition of the Manual on Uniform Traffic Control Devices (MUTCD) for Streets and

Highways, or any subsequent revision of the same, published by the Federal Highway

Administration and effective at the time of award of the contract.

SITE LAYOUT

The Municipality shall be responsible for ensuring that all site layout, construction work, and

Project documentation are in compliance with applicable city, state and federal permits,

guidelines, and regulations, including American Association of State Highway and Transportation

Officials (AASHTO) guidelines and Americans with Disabilities Act (ADA) Standards for

Accessible Design (www.usdoj.gov/crt/ada/stdspdf.htm).

RIGHT TO INSPECT

The Department and representatives of the Federal Highway Administration shall have the right

to inspect, sample or test, and approve or reject, any portion of the work being performed by the

Municipality or the Municipalitys contractor to ensure compliance with the provisions of this

Agreement. Prior to any payment by the Department, any deficiencies inconsistent with approved

plans and specifications found during an inspection must be corrected.

CONTRACTOR COMPLIANCE

The Municipality will be responsible for ensuring that the contractor complies with all of the terms

of the contract and any instructions issued by the Department or FHWA as a result of any review

or inspection made by said representatives.

CHANGE ORDERS

If any changes in the Project plans are necessary, the Department must approve such changes

FINAL INSPECTION

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FINAL INSPECTION

The Municipality shall arrange for a final inspection by the Department. Any deficiencies

determined during the final field inspection must be corrected prior to final payment being madeby the Department to the Municipality. Additional inspection by other entities may be necessary

in accordance with the Departments guidelines and procedures. The Municipality shall provide

the Department with written evidence of approval of completed project prior to requesting final

reimbursement.

FINAL PROJECT CERTIFICATION

The Municipality will provide a certification to the Department that all work performed for this

Project is in accordance with all applicable standards, guidelines, and regulations.

17. MAINTENANCE

The Municipality, at no expense or liability to the Department, shall assume all maintenance

responsibilities for the Don Miller Drive Sidewalk, or as required by an executed encroachment

agreement.

18. REIMBURSEMENT

SCOPE OF REIMBURSEMENT

Activities eligible for funding reimbursement for this Project shall include:

Design

Environmental Documentation

Construction

REIMBURSEMENT GUIDANCE


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CONSTRUCTION CONTRACT UNIT PRICES

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CO S UC O CO C U C S

Reimbursement for construction contract work will be made on the basis of contract unit

prices in the construction contract and any approved change orders.

RIGHT OF WAY

Reimbursement will be limited to the value as approved by the Department. Eligible

costs for reimbursement of Right of Way Acquisition include: realty appraisals, surveys,

closing costs, and the approved appraised fair market value of the property, at the

reimbursement rate as shown in the FUNDING TABLE.

FORCE ACCOUNT

Invoices for force account work shall show a summary of labor, labor additives,

equipment, materials and other qualifying costs in conformance with the standards for

allowable costs set forth in Office of Management and Budget (OMB) Circular A-87

(www.whitehouse.gov/omb/circulars/index.html ) Cost Principles for State, Local, and

Indian Tribal Governments. Reimbursement shall be based on actual eligible costs

incurred with the exception of equipment owned by the Municipality or its Project

partners. Reimbursement rates for equipment owned by the Municipality or its Project

partners cannot exceed the Departments rates in effect for the time period in which the

work is performed.

BILLING THE DEPARTMENT

PROCEDURE

The Municipality may bill the Department for eligible Project costs in accordance with the

Departments guidelines and procedures. Proper supporting documentation shall

accompany each invoice as may be required by the Department. By submittal of each

invoice, the Municipality certifies that it has adhered to all applicable state and federal

laws and regulations as set forth in this Agreement.

INTERNAL APPROVALS

The Municipality may invoice the Department monthly for work accomplished, but no less

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p y y p y p ,

than once every six (6) months to keep the Project funds active and available. If the

Municipality is unable to invoice the Department, then they must provide an explanation.

Failure to submit invoices or explanation may result in de-obligation of funds.

FINAL INVOICE

All invoices associated with the Project must be submitted within six (6) months of the

completion of construction and acceptance of the Project to be eligible for reimbursement

by the Department. Any invoices submitted after this time will not be eligible for

reimbursement.

19. REPORTING REQUIREMENTS AND RECORDS RETENTION

PROJECT EVALUATION REPORTS

The Municipality is responsible for submitting quarterly Project evaluation reports, in accordance

with the Departments guidelines and procedures, that detail the progress achieved to date for the

Project.

PROJECT RECORDS

The Municipality and its agents shall maintain all books, documents, papers, accounting records,

Project records and such other evidence as may be appropriate to substantiate costs incurred

under this Agreement. Further, the Municipality shall make such materials available at its office

and shall require its agent to make such materials available at its office at all reasonable times

during the contract period, and for five (5) years from the date of payment of the final voucher by

the Federal Highway Administration, for inspection and audit by the Departments Financial

Management Section, the Federal Highway Administration, or any authorized representatives of

the Federal Government.

20. OTHER PROVISIONS


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TERMINATION OF PROJECT

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If the Municipality decides to terminate the Project without the concurrence of the Department, the

Municipality shall reimburse the Department one hundred percent (100%) of all costs expended

by the Department and associated with the Project.

AUDITS

In accordance with OMB Circular A-133, Audits of States, Local Governments and Non-Profit

Organizations (www.whitehouse.gov/omb/circulars/a133/a133.html ) dated June 27, 2003 and

the Federal Single Audit Act Amendments of 1996, the Municipality shall arrange for an annual

independent financial and compliance audit of its fiscal operations. The Municipality shall furnish

the Department with a copy of the annual independent audit report within thirty (30) days of

completion of the report, but not later than nine (9) months after the Municipalitys fiscal year

ends.

REIMBURSEMENT BY MUNICIPALITY

For all monies due the Department as referenced in this Agreement, reimbursement shall be

made by the Municipality to the Department within sixty (60) days of receiving an invoice. A late

payment penalty and interest shall be charged on any unpaid balance due in accordance with

NCGS 147-86.23.

USE OF POWELL BILL FUNDS

If the other party to this agreement is a Municipality and fails for any reason to reimburse the

Department in accordance with the provisions for payment hereinabove provided, NCGS 136-

41.3 authorizes the Department to withhold so much of the Municipalitys share of funds allocated

to Municipality by NCGS 136-41.1, until such time as the Department has received payment in

full.

GIFT BAN

B E ti O d 24 i d b G P d d NCGS 133 32 it i l f l f

Natural Resources, Health and Human Services, Juvenile Justice and Delinquency Prevention,

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Revenue, Transportation , and the Office of the Governor).

21. SUNSET PROVISION

All terms and conditions of this Agreement are dependent upon, and subject to, the allocation of

funds for the purpose set forth in the Agreement and the Agreement shall automatically terminate

if funds cease to be available.

IT IS UNDERSTOOD AND AGREED that the approval of the Project by the Department is

subject to the conditions of this Agreement, and that no expenditures of funds on the part of the

Department will be made until the terms of this Agreement have been complied with on the part of

the Municipality.


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TOWN OF GARNER

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Town Manager

From: Lin Jones

Finance Director


Subject: Budget Amendment

1. Provide funding for construction of sidewalk on Don Miller Drive($97,500). The project will be funded 80% by a SurfaceTransportation Program - Direct Apportionment (STP-DA) grant paid

through the Department of Transportation ($78,000) and 20% by the

Town ($19,500). The Towns portion of this project will be funded

by Appropriated Fund Balance. Funding from Fund Balance will comply

with the Fiscal Policy Guidelines since it is funding for a capital

project.


GENERAL FUND

REVENUES

10302000

411175 DOT - STP-DA Grant $ 0 $ 78,000 $ +78,000

10309000

496900 Appropriated Fund Bal 16,000 35,500 +19,500

EXPENDITURES

105600-

105650 Public Works $5,377,408 5,474,908 +97,500


Public Works10561000-537220 Sidewalk Construction +97,500


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ORDINANCE AMENDING ORDINANCE NO. (2010) 3586WHICH ESTABLISHED THE 2010 - 2011 OPERATING BUDGET

BE IT ORDAINED by the Town Council of the Town of Garner, North Carolina:

Section One. That the GENERAL FUND be amended as follows:


GENERAL FUND

REVENUES

10302000

411175 DOT - STP-DA Grant $ 0 $ 78,000 $ +78,000

10309000

496900 Appropriated Fund Bal 16,000 35,500 +19,500

EXPENDITURES

105600-

105650 Public Works $5,377,408 5,474,908 +97,500

Section Four. Copies of this ordinance shall be furnished to theFinance Director and the Town Clerk for their direction in the disbursementof the Town's funds and for public inspection.

Duly adopted this 6th

day of December, 2010.

_______________________________Mayor Ronnie S. Williams

ATTEST: _______________________

Town Clerk


TOWN OF GARNER

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TOWN OF GARNER


Town Manager

From: Lin Jones

Finance Director


Subject: Adoption of Fiscal Policy Guidelines

During their preparation of the Towns debt capacity study, Davenport & Company

stressed the importance of adopting fiscal policy guidelines. These guidelines will influence and

guide the financial management practice of the Town. Adhering to these policies is recognized as

the cornerstone of sound financial management. During our conversations with the bond rating

agencies they also stressed the need for adopting fiscal guidelines and inquired about the Townspolicy and if it had been adopted by the governing body.

The adoption of these policies will:

1. Contribute significantly to the Town's ability to insulate itself from fiscal crisis. 2. Enhance short term and long term financial credit ability by helping to achieve

the highest credit and bond ratings possible.

3. Promote long-term financial stability by establishing clear and consistentguidelines.

4. Direct attention to the total financial picture of the Town rather than single issueareas.

5. Promote the view of linking long-run financial planning with day to dayoperations.

6. Provide the Town Council, citizens and the Towns professional management aframework for measuring the fiscal impact of government services against

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Fiscal Policy Guidelines

Town of Garner,North Carolina

FISCAL POLICY GUIDELINES

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FISCAL POLICY GUIDELINESTown of Garner, North Carolina

Adopted: __________________

TABLE OF CONTENTS

Page

Objectives 3

Capital Improvement Budget Policies 4

Debt Policies 5

Reserve Policies 6

Budget Development Policies 7

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FISCAL POLICY GUIDELINES - OBJECTIVES

This fiscal policy is a statement of the guidelines and goals that will influence and guide the

financial management practice of the Town of Garner, North Carolina. A fiscal policy that isadopted, adhered to, and regularly reviewed is recognized as the cornerstone of sound financial

management. Effective fiscal policy:

Contributes significantly to the Town's ability to insulate itself fromfiscal crisis,

Enhances short term and long term financial credit ability by helping to

achieve the highest credit and bond ratings possible,

Promotes long-term financial stability by establishing clear andconsistent guidelines,

Directs attention to the total financial picture of the Town rather thansingle issue areas,

Promotes the view of linking long-run financial planning with day today operations, and

Provides the Town Council, citizens and the Towns professional

management a framework for measuring the fiscal impact of

government services against established fiscal parameters and

guidelines.

To these ends the following fiscal policy statements are presented

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CAPITAL IMPROVEMENT BUDGET POLICIES

1. The Town will prioritize all capital improvements in accordance with an adopted capitalimprovement program.

2. The Town will develop a 5-year plan for capital improvements and review and update theplan annually. Additional projects can be added to the CIP at any time, but funding forprojects added in this manner are subject to normal operating budget constraints.

3. The Town will coordinate development of the capital improvement program withdevelopment of the operating budget.

4. The Town will maintain all its assets at a level adequate to protect the Town's capitalinvestment and to minimize future maintenance and replacement costs.

5. The Town will identify the estimated costs and potential funding sources for each capitalproject proposal before it is submitted for approval.

6. The Town will attempt to determine the least costly and most flexible financing methodfor all new projects.

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DEBT POLICIES

General

1. The Town will confine long-term borrowing to capital improvements or projects thatcannot be financed from current revenues except where approved justification isprovided.

2. The Town will utilize a balanced approach to capital funding utilizing debt financing,draws on capital reserves and/or fund balances in excess of policy targets, and current-

year (pay-as-you-go) appropriations.

3. When the Town finances capital improvements or other projects by issuing bonds orentering into capital leases, it will repay the debt within a period not to exceed theexpected useful life of the project. Target debt ratios will be calculated annually andincluded in the review of financial trends.

4. Where feasible, the Town will explore the usage of special assessment, revenue, or otherself-supporting bonds instead of general obligation bonds.

5. The Town will retire tax anticipation debt, if any, annually and will retire bondanticipation debt within six months after completion of the project.

Tax Supported Debt

6. Direct net debt as a percentage of total assessed value of taxable property should not

8. The Town recognizes the importance of underlying and overlapping debt in analyzingfinancial condition The Town will regularly analyze total indebtedness including

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financial condition. The Town will regularly analyze total indebtedness includingunderlying and overlapping debt.


RESERVE POLICIES

1. Unreserved, Undesignated Fund Balances will mean funds that remain available forappropriation by the Town Council after all commitments for future expenditures,

required reserves defined by State statutes, and previous Council designations have beencalculated. The Town will define these remaining amounts as available fund balances.

2. The Town of Garner will strive to maintain available fund balance in the General Fund ata level sufficient to meet its objectives. The Town will target an available fund balance

at the close of each fiscal year equal to at least 30% of the General Fund Operating

Budget; at no time shall the available Fund Balance fall below 25% of the General Fund

Operating Budget. Available fund balances in excess of the target 30% of General Fund

Operating Budget may be appropriated from time to time for pay-as-you-go capital andother one-time uses.

3. The Town Council may, from time-to-time, appropriate fund balances that will reduceavailable fund balances below the 25% policy for the purposes of a declared fiscal

emergency or other such global purpose as to protect the long-term fiscal security of theTown of Garner. In such circumstances, the Council will adopt a plan to restore the

available fund balances to the policy level within 36 months from the date of the

appropriation. If restoration cannot be accomplished within such time period withoutsevere hardship to the Town, then the Council will establish a different but appropriate

time period.

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FISCAL POLICY GUIDELINES

Town of Garner, North Carolina

BUDGET DEVELOPMENT POLICIES

1. The Town will develop its annual budgets in such a manner so as to incorporate historictrend analysis for revenues and expenditures with an adjustment for current financialtrends and developments as appropriate.

2. One-time or other special revenues will not be used to finance continuing Townoperations but instead will be used for funding special projects.

3. The Town will pursue an aggressive policy seeking the collection of delinquent utility,license, permit and other fees due to the Town.

4. The Town Council will receive a financial report no less than quarterly showing year-to-date revenues and expenditures.

5. Budget amendments will be brought to Town Council for consideration as needed.


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investments may be invested in any one US Agencys Securities.

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8. Allocation: Investment income will be allocated to each participating fund or accountbased on a fair and equitable formula determined by the Finance Director.

9. Reporting: The Town Council will receive an investment report at the end of each monthshowing current investment holdings.

Permits Issued From 11/01/2010 11/30/2010To

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Commercial 9Total Permits Total Cost $137,745.00

Permit #: 2100803 Inside Town Linits Yes

Issue date: 11/5/2010 Census tract: PIN#: 1711-12-9982

Lot#: Subdivision: N/A Total cost: $6,000.00

PropAddress: 216 FOREST HILLS DRIVE

Owner's YORK PROPERTIES Owner's Phone: 919-821-1350

Contractor

Type of Improvement: Mechanical Proposed Use MECHANICAL REPLACEME

Contractor's Phone:




PropAddress: 1540 MECHANICAL BLVD

Owner's LIVING WORD FAMILY CHURCH Owner's Phone: 919-570-2007

Contractor

Type of Improvement: Electrical Proposed Use CHURCH/RELIGIOUS

Contractor's Phone:


Issue date: 11/15/2010 Census tract: PIN#:

Lot#: Subdivision: N/A Total cost: $100.00

PropAddress: 1447 GARNER STATION BLVD.

Owner's BPG MANAGEMENT CO. Owner's Phone: 919-872-9197

Contractor

Type of Improvement: Electrical Proposed Use COMMERCIAL SIGN

Contractor's Phone:




PropAddress: 1406 MECHANICAL BLVD.

Owner's PROGRESS ENERGY Owner's Phone:

Contractor


Contractor's Phone:


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PropAddress: 125 SOMMERVILLE PARK DR

Owner's SAFETY KLEEN Owner's Phone: 919-772-6622

Contractor

Type of Improvement: Electrical Proposed Use BUSINESS/OFFICE

Contractor's Phone:

Permit #: 2100827 Inside Town Linits No


Lot#: Subdivision: INDIAN CREEK Total cost: $20,000.00

PropAddress: 1213 ONANDAGA DRIVE

Owner's CITY OF RALEIGH Owner's Phone: 919-831-6071

Contractor

Type of Improvement: Electrical Proposed Use PUMP STATION

Contractor's Phone:




PropAddress: 1350 FIFTH AVENUE, STE. 200

Owner's FLYING TIGER MARTIAL ARTS Owner's Phone: 919-610-0931

Contractor CENTRE CONSTRUCTION GROUP, INC.

Type of Improvement: Alteration Proposed Use BUSINESS/OFFICE

Contractor's Phone: 919-821-8080




PropAddress: 1542 MECHANICAL BLVD

Owner's KATU CORP. Owner's Phone: 919-779-4113

Contractor


Contractor's Phone:


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Lot#: Subdivision: N/A Total cost: $200.00

PropAddress: 805 US HIGHWAY 70 WEST

Owner's SHERMAN YEARGAN Owner's Phone: 919-622-3935

Contractor

Type of Improvement: Electrical Proposed Use MERCANTILE/RETAIL

Contractor's Phone:




PropAddress: 602 MAXWELL DRIVE

Owner's MARVIN WHITFIELD Owner's Phone: 919-231-3338

Contractor


Contractor's Phone:


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Residential 55Total Permits Total Cost $1,040,989.00



Lot#: 180 Subdivision: VAN STORY HILLS Total cost: $5,950.00

PropAddress: 104 BELCROSS COURT

Owner's HENRY EDMONDS Owner's Phone: 919-772-6786

Contractor


Contractor's Phone:



Lot#: 715 Subdivision: EAGLE RIDGE Total cost: $12,500.00

PropAddress: 209 MEDIATE DRIVE

Owner's ROBERT ADAMS Owner's Phone: 919-662-7736

Contractor BLUE SKY SERVICES, INC

Type of Improvement: Alteration Proposed Use SINGLE FAMILY DWELLIN


Permit #: 2100762 Inside Town Linits No



PropAddress: 130 BRITT VALLEY ROAD

Owner's RON CROSS Owner's Phone: 919-609-0449

Contractor DAVID CARROLL HOMES

Type of Improvement: New Building Proposed Use SINGLE FAMILY DWELLIN




Lot#: 34

garner town council agenda december 6, 2010

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