town council regular meeting november 17, 2020 at 9:30 a ...4e81291d-e1eb...2020/11/17 · town...
TRANSCRIPT
Town Council Regular Meeting
November 17, 2020 at 9:30 a.m.
THIS MEETING WILL BE HELD ELECTRONICALLY Please visit www.laurelpark.org for more information
1. Call to Order 2. Pledge of Allegiance 3. Public Comment 4. Approval of the Agenda 5. Consent Agenda
A. October 15, 2020 Work Session Minutes B. October 20, 2020 Closed Session Minutes C. October 20, 2020 Regular Minutes D. Monthly Report
6. Old Business A. Ivy Removal Project Update
7. New Business A. Encroachment Agreement Policy B. Communication Survey Overview
8. Town Manager’s Report 9. Department Head Reports
A. Public Works B. Fire Department C. Police D. Administration
10. Mayor and Commissioner Comments 11. Closed Session NCGS 143-318.11(a)3 Attorney-Client Privilege 12. Adjournment
Town Council
Work Session Minutes October 15, 2020 – 9:30 a.m.
Mayor O’Cain called the Town Council Regular Work Session Council Meeting to order at 9:30 a.m. on October 15, 2020, electronically through Zoom. The only members present at Town Hall, 441 White Pine Drive, Laurel Park NC 28739, were Mayor J. Carey O’Cain, Town Manager Christopher Todd, Town Clerk Tamara Amin, and Management Technician Halee Ratcliff. The following members attended remotely:
• Mayor Pro Tempore Nancy P. McKinley • Commissioners A. Paul Hansen • Commissioner George W. Banta • Commissioner Kristin Dunn • Police Chief Bobbie Trotter • PW Superintendent Andrew Griffin
APPROVAL OF THE AGENDA
Commissioner McKinley moved to approve the agenda as presented. Mayor O’Cain asked for discussion; there was none. The vote was unanimous in favor of the motion. DISCUSSION OF TOWN ADVISORY BOARD OPENINGS Mayor O’Cain said every December the Council appoints volunteers to serve on the four (4) standing advisory boards, and any other boards and commissions as needed. Current members may be reappointed, or new applicants appointed during the December meeting. Staff has contacted all members whose terms expire at the end of this year to determine their interest in continuing to serve. Additionally, there are currently vacancies among multiple town boards which need to be filled. Town Staff and Council will solicit the public for applications to these boards. Currently there are two openings for the Board of Adjustments due to Dick Jones resignation. Chairman John Crook does not have any recommendations to fill the spot. Pamela Stover requested an application. Town Manager Todd reminded Council this issue just needs to be addressed before the end of the year, so the council has a pool of applicants to review and begin to solicit applications. Mayor O’Cain suggested to brainstorm people to ask, and asked Council to encourage people to apply. Commissioner Hansen remined Council that 5 out of 7 members of the Parks and Greenway Committee are up for renewal and brought up the need to rebalance and realign expiration terms. Town Manager Todd sent out letters asking current members who wish to continue to serve to let Town Staff know and are still waiting to hear back. Mayor O’Cain asked that this topic be put on the agenda for December.
Town Council Work Session Minutes
October 15, 2020 Page 2
DISCUSSION OF BEE CITY USA PROGRAM Mayor O’Cain said Bee City USA fosters ongoing dialogue in urban areas to raise awareness of the role native pollinators play in our communities and what each of us can do to provide them with healthy habitats. Research has shown significant declines in pollinator population sizes and ranges globally. The Bee City USA program endorses a set of commitments, defined in a resolution, for creating sustainable habitats for native pollinators, which are vital to feeding the planet. Incorporated cities, towns, and communities across America are invited to make these commitments and become certified as a Bee City USA affiliate. Mayor O’Cain signed the Town up last month, using personal funds totaling $100. Mayor O’Cain mentioned that someone on the Parks and Greenway committee could be the contact person. Commissioner Hansen suggested that Town Staff be the contact person so they can better take care of annual dues, and communication would be consistent. Commissioner Hansen also echoed his support of the effort and asked what it takes to be a Bee City? Mayor O’Cain said the Town needs a resolution, which is included in the Bee City application on the last two pages. Additionally, one educational and celebration day are required. Commissioner Hansen suggested to encourage more pollinator areas, and to bring it up before the Parks and Greenways Committee. Mayor O’Cain asked Commissioner Banta to bring the idea up before the Parks and Greenways Committee. Town Manager Todd asked staff to draft the resolution, and it would be a December work session item. DISCUSSION OF WALKING TRAIL RULES Mayor O’Cain said Town of Laurel Park is working to expand safe and accessible pedestrian trails throughout the Town limits. The Parks and Greenways Board would ask the Town Council to consider limiting the use of these trails to 30 minutes before sunrise and 30 minutes after sunset in order to increase general safety of the trails. Commissioner Banta commented that park rules and trail rules should be similar. Commissioner Dunn asked what the current park rules consisted of, to which Town Manager Todd replied that the parks open and close 30 minutes before sunrise and 30 minutes after sunset. Town Manager Todd suggested to vote to make the rules for the walking trails the same as the existing park rules. Commissioner Hansen asked if bikes would be allowed on the trails. Town Manager Todd replied that the Town will not allow bikes. Commissioner Hansen suggested that this be brought up to the Parks and Greenways Committee. Town Manager Todd told Council Staff will have a draft of the rules at the November Parks and Greenways meeting and have for Council review. DISCUSSION OF LAUREL PARK CENTENNIAL CELEBRATION COMMITTEE Mayor O’Cain said Town Council has declared their desire to create a committee to plan for the Town of Laurel Park Centennial Celebration in 2025. The Town Council should discuss the potential mission, structure, and membership of this committee.
Town Council Work Session Minutes
October 15, 2020 Page 3
Commissioners Hansen and Dunn have volunteered to be on the committee. Commissioner Hansen suggested all buildings 100 years or older in 2025 will be recognized and designated as centennial homes, signified by special plaque for these buildings. Commissioner Dunn asked how many members the committee would have; the Friends of Laurel Park may be interested. Commissioner Dunn also asked if we want to limit the number of the committee. Commissioner Hansen agreed that due to COVID concerns a large committee may not be the best option. Commissioner Dunn suggested a five-member committee. Commissioner McKinley mentioned the collection of photographs The Town has, and how The Town could share with the community. Commissioner Hansen reminded Council he is working on a history book of Laurel Park and hopes to have it completed by 2025. Commissioner Dunn suggested the idea of an open house in one of the historical homes in the Spring, history tours in the Fall, and a celebration at Jump Off Rock, having events every 3 months or so. Manager Todd asked to solicit interest for members through board application process. The Board would consist of 2 Council members, 1 representative for Friends of Laurel Park, and 2 at large members. Manager Todd suggested holding initial meetings at the beginning of the year and setting the direction. Commissioner Hansen mentioned the goal of having more historical markers up by 2025. Mayor O’Cain asked how many more markers are left on the list. Commissioner Hansen said there are ten left. The Town has been doing 2 a year, but it has slowed down. Signs cost approximately $2,000 each. Commissioner Hansen suggested a budget item minimum of $4,000 a year for historic markers. Town Manager Todd said there has not been a budget item in the past, and the money has come from the Parks Budget. Commissioner Hansen asked if a budget line item for the centennial celebration should be created. Town Manager Todd agreed that would be a good idea. Town Manager Todd clarified that the Centennial Celebration Committee would be formed with 2 members from Council, 1 member from the Friends of Laurel Park, and solicit 2 at large members. Council agreed. DISCUSSION OF MEETING TIMES AND SCHEDULE Mayor O’Cain said the Town Council identified during the current fiscal year budget retreat the desire to better the Town’s proactive communication. Currently the Town Council holds two (2) monthly meetings. A Regular Council meeting on the third Tuesday of the month at 9:30am and a Work Session meeting on the Thursday preceding the Regular Council meeting at 9:30am. Town Hall has received requests for the Town Council to consider offering a meeting outside of the morning hours to provide residents more opportunities to participate in town business and activities. Town Manager Todd mentioned that some working residents have a hard time attending meetings due to work hours conflicting with meeting hours. Mr. Todd noted that Town Council can hold their meetings at any time, and it is at the discretion of the Board. Town Manager Todd asked Council if they want to amend the current time? Currently, the Town holds the work session Thursday before Council Meeting. This
Town Council Work Session Minutes
October 15, 2020 Page 4
timeline can be hard for staff to turn in agenda packets in time. If Council added time between meetings it will help Staff and give Council more time to review agenda packets. Mayor O’Cain liked the idea of Thursday and Tuesday’s meetings so meetings are not all on one day. He suggested to separate meetings by more time, 10 days instead of 4 days. Commissioner Hansen believes that is too much time in between meetings. Commissioner Hansen suggested changing the Tuesday meeting time instead of the Thursday workshop meeting. Commissioner Dunn commented that she has had success with 4 p.m. meetings in Laurel Park. She asked what time other municipal meetings are in the area. Town Manager Todd said most Local Governments hold public meetings around 5-6 p.m., to allow for working people to get off work and get to the meetings. The county and the city hold two meetings, one in the morning, and one in the evening. They make no decisions during the work session, just discussion. There was a vote in favor of having 5 p.m. meetings. The vote was 4-1, with Commissioner Dunn voting not in favor. Commissioner Hansen suggested that Council looks at the pros and cons, and revisit next month. Town Manager Todd said we will get other municipalities meeting dates and times for Council review. AGENDA REVIEW FOR THE COUNCIL MEETING SCHEDULED FOR OCTOBER 20, 2020-9:30 A.M. 1. Call to Order 2. Pledge of Allegiance 3. Public Comment 4. Approval of the Agenda 5. Consent Agenda
September 10, 2020 Work Session Minutes September 10, 2020 Closed Session Minutes September 15, 2020 Regular Minutes September 24, 2020 Special Meeting Minutes September 25, 2020 Emergency Meeting September 25, 2020 Closed Session Minutes October 5, 2020 Special Meeting Minutes October 5, 2020 Closed Session Minutes Interlocal Agreement for COVID-19 Relief Funds Laurel Park Release and Refund Report from Henderson County Quarterly Report
6. Old Business Ivy Removal RFP Response
7. New Business ABC Board Member Appointment Overview of Distinguished Budget Award Process
8. Town Manager’s Report 9. Department Head Reports
A. Public Works B. Fire Department C. Police D. Administration
10. Mayor and Commissioner Comments
Town Council Work Session Minutes
October 15, 2020 Page 5
11. Adjournment Mayor O’Cain asked if anything needed to be added to Tuesday’s Agenda. There were no other Comments. Council approved to add the items to the Agenda for the October 20, 2020 Town Council Regular Meeting. COUNCIL UPDATES AND INFORMATION Mayor O’Cain – Mayor O’Cain asked if there were any responses to the Request for Proposal the Town sent out about invasive species removal. Town Manager Todd replied that the Town had received 2-4 responses and noted the difficulty of getting responses. Mr. Todd noted the deadline for response was the end of business today. Mayor O’Cain said that one of the contractors who has replied has strongly suggested we use chemicals. Mayor O’Cain asked if we can we use chemicals in right-of-way. Manager Todd replied that we can use chemicals in the right-of-way. Mayor O’Cain asked why the contractor suggested chemicals. Town Manager Todd replied that the long-term impacts of the project by using just mechanical removal is a waste of money. The contractor was not comfortable with just mechanical removal and using both mechanical and chemical methods would be a better long-term solution. Mayor O’Cain reminded Council that they did not need a decision today but to think about it for next Tuesday’s meeting. Town Manager Todd reminded the Council that as far as using chemicals, it is at their discretion. The work labor is about the same, chemicals will cost a little more. Mr. Todd told the council he hopes to have numbers for the next meeting. Commissioner Banta commented there are environmentally friendly chemicals that can be used. The second comment from Mayor O’Cain was a question from residents who reside on Terrace Mountain Drive asking the Town to let the two homes on the road to take over maintenance, thereby making it a private road. Commissioner Hansen commented that this decision could impact the property value of the homes. Commissioner Hansen did not favor the idea but said Council could look at it further. He said he was not sure if the Town has ever created a private road in town. Mayor Pro-Tem McKinley- Mayor Pro-Tem McKinley had no comments. Commissioner Banta – Commissioner Banta had no comments. Commissioner Hansen – Commissioner Hansen had no comments. Commissioner Dunn – Commissioner Dunn had no comments.
Town Council Work Session Minutes
October 15, 2020 Page 6
ADJOURNMENT There being no further business, Commissioner Hansen moved to adjourn at 11:05 a.m. Mayor O’Cain asked for discussion; there was none. The vote was unanimous in favor of the motion. ATTEST:
J. Carey O’Cain, Mayor
Tamara M. Amin Date Town Clerk
Town Council Regular Meeting
October 20, 2020 at 9:30 a.m.
Mayor O’Cain called the Town Council Meeting to order at 9:32 a.m. on October 20, 2020, electronically through Zoom. The only members present at Town Hall, 441 White Pine Drive, Laurel Park NC 28739, were Town Manager Christopher Todd, and Management Technician Halee Ratcliff. The following members attended remotely:
• Mayor J. Carey O’Cain • Mayor Pro Tempore Nancy P. McKinley • Commissioners A. Paul Hansen • Commissioner George W. Banta • Commissioner Kristin Dunn • Police Chief Bobbie Trotter • PW Superintendent Andrew Griffin
APPROVAL OF THE AGENDA
Commissioner Banta moved to approve the agenda as presented. Mayor O’Cain asked for discussion; there was none. The vote was unanimous in favor of the motion.
APPROVAL OF THE CONSENT AGENDA
Commissioner Hansen asked about item J on the Consent Agenda Manager Todd explained it was from Henderson County older property taxes. After 10 years, typically the Town stops trying to collect taxes. Commissioner Hansen moved to approve the agenda as presented. Mayor O’Cain asked for discussion; there was none. The vote was unanimous in favor of the motion. DISCUSSION OF IVY REMOVAL RFP RESPONSE Mayor O’Cain said the Town of Laurel Park received three responses through an informal bid process for the invasive vine removal project. All three responses are from companies able to show appropriate qualifications.
1. SM Soil and Water Solutions – Project Cost = $65,800 2. Yodelbud Invasive Plant Management – Project Cost = $62.50 / Tree 3. A and R Landscaping – Project Cost = $12.00 / Tree
Town Staff has investigated the data submitted by Leatherwood Wildlife Management and estimates between 2,000 and 2,500 impacted trees fall within the Town’s right-of-way. Town Manager Todd said the Town did not receive any bids at first, but now there are three bids. Soil and Water Solutions wants to use chemical removal. They will not do the project without chemical applicators. A and R Landscaping did not send a package, but rather an informal response via email. Town Manager Todd and Management Technician Halee Ratcliff have been working to get a better estimate of how many trees there are in the right-of-way. Staff estimates between 2,000-2,500, about $30,000 total at $12.00 a tree.
Mayor O’Cain asked if A and R Landscaping will use chemicals. Mr. Todd said he was not sure, their response was just a mechanical estimate; chemicals are not much more labor, the cost will just be the price of the chemicals. Town Manager Todd suggested the contractor complete streets, and have staff go and count the number of trees as they move through the project. Prior to the work beginning, staff can mark trees if needed. Commissioner Banta agreed that going street by street is the most practical way to do this project. Commissioner Hansen said he would like to see a formal response from the contractor saying what they are going to do. Commissioner Hansen suggested putting in a clause for the contractor to come back in the spring to treat the trees again to prevent regrowth. Mayor Pro-Tem McKinley said she would like to see a follow up as well and suggested to select a few areas to focus on. Mayor O’Cain asked Mr. Todd to respond to A and R Landscaping to get their response in writing and to modify reflecting the above discussion. Commissioner Banta suggested structuring the contract in phases beginning with a few streets, or 500 trees on Laurel Park Highway and based on that, renew the contract if it goes well. Commissioner Hansen made the motion to allow Town Manager Todd and Staff to negotiate with A and R Landscaping to move forward with the use of chemical applicators for 500 trees: potentially extending the contract after the completion of the 500 trees. Mayor O’Cain asked for discussion, there was none. The vote was unanimous in favor of the motion. DISCUSSION OF ABC BOARD MEMBER VACANCY
Mayor O’Cain said the Town of Laurel Park has received a letter of resignation from ABC Board Chairman, Robert Pitre. This creates a vacancy on the board which needs to be filled. Chairman Pitre’s term was set to expire on December 31, 2022. The Town has received two (2) applications for the ABC Board from Paul Bakke and Michele Woodhouse. Town Manager Todd said he included Michelle Woodhouse’s application to the Council because she put as needed. Paul Bakke applied specifically for the ABC Board. Commissioner Hansen suggested that Mr. Bakke would be a good candidate for the ABC Board and asked if there was any compensation. Town Manager Todd responded to Commissioner Hansen that the compensation for the ABC Board was a couple of hundred dollars per quarter. Mayor Pro-Tem McKinley moved to appoint Paul Bakke to the Laurel Park ABC Board, with a term to end on December 31, 2022. Mayor O’Cain asked for discussion, there was none. The vote was unanimous in favor of the motion. DISCUSSION OF DISTINGUISHED BUDGET AWARD PROCESS
Mayor O’Cain said the Government Finance Officers Association (GFOA) established the Distinguished Budget Presentation Awards Program (Budget Awards Program) in 1984 to encourage and assist state and local governments to prepare budget documents of the very highest quality that reflect both the guidelines established by the National Advisory Council on State and Local Budgeting and the GFOA’s best practices on budgeting and then to recognize individual governments that succeed in achieving that goal. Over 1,600 governments, including states, cities, counties, special districts, school districts, and more have been recognized for transparency in budgeting. To earn
recognition, budget documents must meet program criteria and excel as a policy document, financial plan, operations guide, and communication tool.
Mayor O’Cain said this is a completely voluntary program. By working to achieve GFOA’s Budget Award, Laurel Park will create a more comprehensive and communicative budget document. This type of budget document aligns with the Town’s mission and goal of providing proactive communication and information to citizens. The GFOA charges a fee of $345 for municipalities with fewer than 19,999 residents to apply for the award.
Management Technician Halee Ratcliff gave an overview of the award. She suggested that the Council create a strategic plan with a mission statement and vision for the Town at the budget retreat. Commissioner Hansen expressed his support for a more communicative budget for citizens.
Town Manager Todd presented the budget calendar to Council. He suggested a two-day budget retreat to achieve the strategic planning process, which is different from years past. Mr. Todd also wants civic organizations to present their requests to the Council at the budget retreat. The budget retreat would take place the last Thursday and Friday of February. Commissioner Hansen was in support of the two-day retreat.
TOWN MANAGER REPORT Town Manager Todd reported that traffic counts at Jump Off Rock are averaging 1,200-1,300 cars a week. Commissioner Hansen asked how long the Town would continue to track. Mr. Todd stated the Town would continue to count through the end of the year to look at trends. Mr. Todd gave an update on the US 64 landscape project. The Town is working with US Forestry Service on funds for the US 64 landscape project. Forestry Service’s concern is the calendar for NCDOT and how the project falls within that scope. Commissioner Hansen asked what kind of feedback from DOT was given to the Town. Town Manager Todd responded that according to the DOT, the right-of-way acquisition should be happening in March of 2021. Manager Todd also gave an update on the UDO committee. The hope is to give the Council the first five (5) chapters of the new code after the meeting on October 20, 2020. It will be January or February before it is formally adopted to allow for public comment. Commissioner Hansen expressed his gratitude to Chad Wright of Code Wright. Mayor Pro-Tem McKinley said that although it has been a tedious process, Code Wright has been great to work with. Commissioner Hansen told Council they will have multiple opportunities to give their input. DEPARTMENT HEAD REPORT PUBLIC WORKS Public Works Superintendent Andrew Griffin gave an update on the culvert replacement on Hebron Road near Jones Gap which was being completed. Mr. Griffin said Public Works is halfway through with brush collection. New tires were placed on the leaf machine, and Public Works will begin collecting loose leaves around town in the next few weeks. POLICE Chief Trotter stated that there is a consistent request for business and resident checks. Chief Trotter said political signs are an issue, but there have only been two reports filed. Chief Trotter said there are speeding complaints around Town, so two certified radar officers will be working the areas of concern, around Roberts, up to Jump Off Rock, and White Pine Dr. Chief Trotter said the department hired a new reserve officer, Charles Odom. ADMINISTRATION Manager Todd reported the Town is at 29% property tax collection. Sales tax is continuing to trend strong 65k from last month. The Town is trending fine for this fiscal year.
MAYOR AND COMMISSIONER COMMENTS Commissioner Hansen – The Parks and Greenway Committee is creating a path from Crystal Spring Dr. through Poplar lane up the mountain to add to the trail system. Parks and Greenways are requesting an 8 ft pathway through a parcel of land Commissioner Hansen owns. There was no discussion, everyone agreed for Commissioner Hansen to allow the use of his land. Mayor Pro-Tem McKinley– Mayor Pro-Tem McKinley asked Mr. Todd about garbage that was not properly disposed of. Mr. Todd responded that typically a phone call is the best way to solve an issue. If we do not have a phone number, we will send a letter. Mayor O’Cain– Mayor O’Cain stated the Town should cancel the Christmas party this year due to COVID. Mayor Pro-Tem McKinley agreed and thought the money could go to gift certificates for Town staff. Commissioners agreed the money should be used to show Town Staff support and should help support local businesses. Commissioner Banta – No comments Commissioner Dunn – No comments. CLOSED SESSION Commissioner Hansen moved that the Council go into Closed Session at 10:31 a.m. pursuant to NCGS 143-318.11(a)(3) to consult with the Town Attorney under Attorney-Client Privilege. Mayor O’Cain asked for discussion; there was none. The vote was unanimous in favor of the motion. ADJOURNMENT There being no further business, Commissioner Hansen moved to adjourn at 10: 46 a.m. Mayor O’Cain asked for discussion; there was none. The vote was unanimous in favor of the motion. ATTEST:
J. Carey O’Cain, Mayor
Tamara M. Amin Date Town Clerk
6A. Ivy Removal Project Update The Town Staff is currently working with A and R Landscaping to develop a contract to remove the invasive vines from 500 trees within Laurel Park. Staff is working with A and R Landscaping currently to finalize the scope of work, project area, and project timeline. Staff will have further updates for Council as the project develops. Attachment(s): None Suggested Motion: None
7A. Encroachment Agreement Policy
Pursuant to North Carolina General Statute § 160A-296, the Town of Laurel Park has the authority to regulate the use of public streets, sidewalks, alleys, and other public passages within its corporate limits. A Right-of-Way Encroachment Agreement can be required for the installation of non-standard item(s) within a Town-maintained street right-of-way, sidewalk, or parking lot by a private individual, group, business, or homeowner’s/business association. A non-standard item is one not installed by the Town of Laurel Park Public Works Department in the exercise of its duties and responsibilities, which conforms to standards in the NCDOT Manual of Uniform Traffic Control Devices, the Town of Laurel Park Public Utilities Department, or by utility franchise holders approved by the Town. Town approval of encroachments is necessary to ensure that there is no adverse impact on public safety or future roadway or utility needs. Encroachment Agreements are required for all new and existing encroachments. If an encroachment agreement is not obtained, the encroachment is subject to removal. Attachment:
• Draft Encroachment Policy Suggested Motion: Move to adopt the policy as drafted.
TOWN OF LAUREL PARK
Right-of-Way Encroachment Policy
Purpose
Pursuant to North Carolina General Statute § 160A-296, the Town of Laurel Park has the authority to regulate the use of public streets, sidewalks, alleys and other public passages within its corporate limits. A Right-of-Way Encroachment Agreement is required for the installation of non-standard item(s) within a Town-maintained street right-of-way, sidewalk or parking lot by a private individual, group, business, or homeowner’s/business association. A non-standard item is one not installed by the Town of Laurel Park Public Works Department in the exercise of its duties and responsibilities, which conforms to standards in the NC DOT Manual of Uniform Traffic Control Devices, the Town of Laurel Park Public Utilities Department, or by utility franchise holders approved by the Town. Town approval of encroachments is necessary to ensure that there is no adverse impact to public safety or future roadway or utility needs. Encroachment Agreements are required for all new and existing encroachments. If an encroachment agreement is not obtained, the encroachment is subject to removal.
Types of Encroachment Agreements
1. Major (including but not limited to):a. Hardscape (pavers, fences, retaining walls);b. Streetscape (benches, bike racks);c. Landscaping (planting, irrigation);d. Utilities (stormwater devices, wells, grease traps, meter repair);e. Building elements (balconies, doors, stairs, landings, ramps); andf. Parklet.
2. Minor (include but not limited to):a. Outdoor merchandise;b. Street furniture (movable);c. Awnings;d. Overhead signage; ande. A-Frame signage.
3. Wireless Telecommunications
Process
1. The applicant is responsible for reviewing this process to see if an encroachment willbe permitted. Contact Public Works at 828-692-7568 for questions regardingeligibility. The application review will not begin until a completed application isreceived.
2. The applicant shall submit to the Town an application, all supplemental documentsand fee. The application will consist of:
a. Three (3) encroachment agreements (including notary) signed by theapplicant.
b. The applicant shall supply the Town with a Certificate of Insurance for reviewwith the Town designated as an additional named insured. An exception maybe granted for irrigation systems installed by single-family detachedhomeowners. See below for details on requirements for insurance. Applicant isresponsible for renewal of the Certificate of Insurance as necessary for the lifeof the encroachment.
c. For Major Encroachments: Scaled drawings (prepared at 1”=20’, 30’ or 40’)showing detailed Plan and Elevation drawings of the existing conditions andthe proposed encroaching item including: R/W lines, signs, trees, curb, gutter,sidewalk, poles, pavement edges, utilities, and vicinity map must be submittedvia online review.
d. For any encroachment for which a building permit is required, the applicantshall supply the Town with a completed building permit application.
e. For Minor Encroachments: scaled sketch or plans of proposed encroachment.f. Detail or specification of the item(s) to be placed within the right-of-way.g. Narrative detailing the installation procedure and plan notes as necessary.h. A check made to the Town for the Application Fee in the amount set forth
from time to time in the Town’s Fee Schedule. NOTE: Once submitted, feeis non-refundable.
3. The application is reviewed by the Town Council which shall include information from the Engineering, Planning and Public Works departments.
4. The Town will return comments, if any, to the applicant within forty-five (45) days of the Town’s receipt of a complete application package as described herein above. The applicant shall address any issues must be resolved prior to re-submittal.
5. Any decision by the Town Council denying an encroachment application may be appealed to the Board of Adjustments.
6. An original encroachment agreement signed by the Town will be issued once the application is approved. Applicant, at its sole cost, shall be responsible for the recording of the completed, original encroachment agreement at the Henderson County Register of Deeds.
7. Prior to starting construction, the applicant shall deliver an approved building permit to the Town, and the Town must be notified a minimum of 48 hours in advance of any construction. The applicant is responsible to document, with photos, the existing infrastructure prior to construction. If the applicant fails to report to the Town, the applicant may be held responsible for pre-existing damage at or adjacent to the work site.
8. The applicant shall arrange an inspection with the Town immediately after completion of the work. Please contact Public Works at 828-692-7568 to arrange an inspection. The applicant shall restore all public property and improvements back to the condition
that existed prior to the work. The applicant shall indemnify, defend and hold the Town harmless for any and all costs and damages arising from the applicant’s work.
10. The applicant, upon completion of the encroachments requiring constructiondrawings, shall submit to the Town as-built drawings of the encroachment showingthe precise location of the encroachment, and in the case of encroachments fortransmission devices, the drawing shall show all the locations of other utilities in theright-of-way.
INSURANCE COVERAGE REQUIREMENTS
AUTOMOBILE LIABILITY – Bodily injury and property damage liability covering all owned, non-owned and hired automobiles for limits of not less than $1,000,000 bodily injury each person, each accident and $1,000,000 property damage, or $1,000,000 combined single limit each occurrence/aggregate.
COMMERCIAL GENERAL LIABILITY – bodily injury and property damage liability as shall protect the contractor and any subcontractor performing work under this contract from claims of bodily injury or property damage which arise from operation of this contract whether such operations are performed by contractor, any subcontractor or any one directly or indirectly employed by either. The amounts of such insurance shall not be less than $1,000,000 bodily injury each occurrence/aggregate and $1,000,000 property damage each occurrence/aggregate or $1,000,000 bodily injury and property damage combined single limits each occurrence/aggregate This insurance shall include coverage for products/completed operation, personal injury liability and contractual liability assumed under the indemnity provision of this contract.
WORKERS’ COMPENSATION INSURANCE – Meet the statutory requirements of the State of North Carolina and Employers Liability - $100,000 per accident limit, $500,000 disease per policy limit, $100,000 disease each employee limit, providing coverage for employees and owners.
The Town shall be named as an additional insured and the statement should read: “Town of Laurel Park is to be added as an additional insured as evidenced by an endorsement attached to this certificate.” Only “A” rated insurance companies will be acceptable to the Town. In the event the contractor fails to maintain and keep in force the insurance herein required, the Town reserves the right to cancel and terminate the contract without notice. The policies shall not be canceled without 90 days prior notice to the Town.
[FORM OF ENCROACHMENT AGREEMENT]Prepared by and Mail after Recording to:Prine, Youngblood, and MassageeRe: Sharon Alexander240 3rd Ave W, Hendersonville, NC STATE OF NORTH CAROLINA
TOWN OF LARUEL PARKCOUNTY OF HENDERSON ENCROACHMENT AGREEMENT
THIS AGREEMENT, being made this ____ day of ______________, 20__, (“Effective Date”) by and between _________________________________, hereinafter referred to as "Applicant," and the Town of Laurel Park, a North Carolina municipal corporation, hereinafter referred to as the "Town."
W I T N E S S E T H :
THAT WHEREAS, Applicant requests access and permission to construct, install and maintain the following improvements at the following location described within or near the corporate limits of the Town of Laurel Park owned by the Town:
Location: [identify the general location of the Town-owned property] (the “Property”).
Improvements: [identify with specificity the improvements to be made] (the “Improvements”.
WHEREAS, Applicant will construct, install, and thereafter maintain the aforementioned Improvements within the public rights-of-way ("Encroachments") serving the Town for Applicant's sole interest and convenience and that of current and future residents and property owners of Town; that the Encroachments shall be installed in accordance with the site plan and design documents attached hereto as Exhibit A and incorporated herein by reference as though fully set forth (the “Plans”), and any other such standards or requirements as the Town has required as of the date hereof; and
WHEREAS, the Town, under the terms and conditions herein set forth, is willing to allow the Encroachments upon Town-owned rights-of-way; and
WHEREAS, Applicant has paid to the Town the applicable development fee to partially defray the administrative costs of the Town in processing Applicant's request.
NOW, THEREFORE, in consideration of these promises, the required development fees in hand paid, the receipt and sufficiency of which are hereby acknowledged, and other consideration, Applicant and the Town hereby covenant and agree:Applicant is hereby granted a license to encroach upon the Property by constructing, installing, and thereafter maintaining the Encroachments for its sole interest and convenience and that of current and future residents and property owners in Town; that the Encroachments shall be installed in accordance with Plans and any other such standards or requirements as the Town has required as of the date hereof.
1. Applicant is responsible for any and all expenditures of labor or materialsrequired for the planning, installation, erection, repair, maintenance and removal if ordered by the Town Council, of the above-referenced Encroachments.
2. Applicant is to be fully responsible for any and all property damage or injury ordeath of any person which results from any and all negligence, omission, defect in design, maintenance, or workmanship created by the Applicant, its agents or contractors relating to the Encroachment, or any cause of action arising out of the installation, erection, repair, maintenance, location or removal of said Encroachment.
3. Applicant agrees to and does hereby hold the Town, its officers, board members,and employees harmless from any and all liability arising out of such negligence, omission, defect, or other cause of action; that it will defend the Town, its officers, board members, and employees, and pay all attorney fees in any and all actions brought as a result of such; and that it will indemnify the Town, its officers, board members, and employees against any and all loss sustained by reasons of such negligence, omission, defect, or other cause of action arising out of the installation, erection, repair, maintenance, location or removal of said Encroachments.
4. All notices required herein shall be deemed given by depositing such in theUnited States mail, first class, and addressed to:
To Town: Town of Laurel Park441 White Pine Drive Laurel Park, NC 28739
To Applicant: ____________________________________________________________________________________________
5. In the event there is a dispute between the parties concerning the interpretationof the terms of this Agreement or their respective rights and obligations hereunder, such dispute or controversy shall be adjudged pursuant to the laws of the State of North Carolina, without regard to its choice of law provisions, and venue for any action related hereto shall be Henderson County Superior Court or the United States District Court for the Western District of North Carolina, Asheville Division.
6. Applicant agrees to abide by all applicable laws, statutes, ordinances and codeprovisions.
7. This agreement shall not divest the Town of any rights or interest in said right-of- way, and for any reason or no reason the Town may terminate this Encroachment Agreement by giving applicant one (1) month’s advance written notice of termination. Prior to the termination date, Applicant shall remove or relocate, at its own expense, all or part of the Encroachments as specified by the Town.
8. Without affecting the rights of the Town set forth in Paragraph 8 herein above,the Town further retains the right and privilege to remove or alter the Encroachments whenever an emergency or other situation requires prompt action, and the Town may recover the cost associated with removing or altering the Encroachments from Applicant.
9. Applicant, during the life of this agreement, agrees to procure or cause to be procured from a responsible insurance carrier or carriers authorized under the laws of the State of North Carolina, insurance in the minimum amounts of $1,000,000.00 covering full liability for any and all personal injury, property damage or wrongful death caused by the construction, maintenance, location, repair, removal or visual obstruction of said Encroachments. Applicant
6461.7-1065109 v3
shall furnish the Town on the Effective Date and each July of each calendar year while this Encroachment Agreement is effective, without demand, certification from the insurance carrier or carriers with whom the insurance herein mentioned is carried, stating that such compensation is covered by such carrier or carriers and showing such insurance to be in full force and effect. Both Applicant and the Town shall be named as insured parties. In the event of any change in the insurance policy, Applicant shall give the Town thirty (30) days’ notice of such change. Should Applicant fail to pay premiums upon said insurance or to perform any of the agreements, terms or conditions herein contained, the Town, at its option, by written notice may declare this agreement cancelled and terminated and all rights acquired hereunder by Applicant shall thereupon terminate.
10. Applicant, upon completion of the Encroachments, and promptly upon requestby the Town, shall submit to the Town as-built drawings of the Encroachments showing the precise location of the Encroachments, and in the case of encroachments for transmission or telecommunications devices, the as-built drawing shall show the locations of all other utilities in the Property.
11. Applicant shall obtain all necessary permits from the Public Works Department of the Town of Laurel Park (“Public Works”) prior to installation of the Encroachments.
12. Applicant shall contact “NC 811” seventy-two (72) hours prior to excavation activities within the Property and shall in all cases remain ten feet (10’) from existing utilities during any and all activities related to the Encroachments.
13. Applicant agrees to provide written notification to the Public Works at least 48 hours prior to performing any construction relating to the Encroachments that involves the cutting or breaking of any roadway or walkway pavement and shall submit to Public Works an online lane closure form for any such roadway or sidewalk closure prior to any such activity. Construction, installation, and maintenance activities are restricted from blocking or closing a right-of-way at certain times of the day. These activities are prohibited during the following times: 7:00-9:00 am, Monday – Friday; 4:00-6:00pm, Monday – Friday and all other times designated by the Town.
14. To the extent permitted by North Carolina law, the parties hereto for themselves, their agents, officials, employees and servants agree not to discriminate in any manner on the basis of race, color, creed, national origin, sex, age, handicap, or sexual orientation with reference to the subject matter of this Encroachment Agreement. The parties further agree, to the extent permitted by law, to conform with the provisions and intent of the Town of Laurel Park Ordinance. Said provision is hereby incorporated into this Encroachment Agreement for the benefit of the Town and its residents, and may be enforced by action for specific performance, injunctive relief, or other remedy as provided by law.
15. The rights conveyed to Applicant under this Encroachment Agreement shall be personal to the Applicant and nontransferableto any other party unless the Town provides its prior written consent thereto.
16. In the case of noncompliance with any term of this Encroachment Agreement by Applicant, the Town reserves the right to stop all work immediately until the Encroachment and all work and disturbances relating thereto have been brought into compliance or removed from the right of way at no cost to the Town.
17. The Town and Applicant agree that this Encroachment Agreement shall becomevoid if actual construction of the work contemplated herein is not begun within one (1) year from the date of authorization by the Town unless written waiver is secured by the Applicant from the
Town.
18. Site Specific requirements: Applicant shall comply with the following specialrequirements of the Town:
____________________________________________________________________________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________
(The remainder of this page is intentionally left blank. The next two pages are signature pages.)
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first written above.
ATTEST: TOWN OF LAUREL PARK
By: _________________________ By: __________________________________
Name: ______________________ Name: ________________________________
Title: Town Clerk Title: Town Mayor
NORTH CAROLINA
HENDERSON COUNTY
I certify that , Town Clerk of the Town of Laurel Park, personally
appeared before me this day and certified to me under oath or by affirmation that she is not a
named party to the foregoing document, has no interest in the transaction,
________________________ signed the foregoing document as a subscribing witness, and
either (i) witnessed sign the foregoing document, or (ii) witnessed the principal acknowledge
the principal's signature on the already-signed document.
Today's Date: ______________, 20__[Notary's signature as appears on seal]
[Notary's printed name as appears on seal]
My commission expires: ___________________
[Affix Notary Seal in Space Above]
This instrument has been pre-audited to the extent and in the manner required by the 'Local Government Budget and Fiscal Control Act."
By: ___________________________________
Town Finance Director
[SEAL]
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first written above.
APPLICANT: __________________________
By: ___________________________________
Name: _________________________________
Title: __________________________________
NORTH CAROLINA
_______________ COUNTY
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoing document for the
purpose stated therein and in the capacity indicated: __________________,
________________________ for _____________________________________________.
Today's Date: ______________, 20__ _______________________________________[Notary's signature as appears on seal]
_______________________________________[Notary's printed name as appears on seal]
My commission expires: ___________________
[Affix Notary Seal in Space Above]
Exhibit ATo
Encroachment Agreement
Site Plan and Location of Encroachments
7B. Town Communication Survey
As part of the Town Council’s goal to be more communicative, Town staff has created a survey designed to analyze the preferences and methods of communication among citizens in Laurel Park. The survey is designed to be taken online, but a copy of the survey will be mailed out to every citizen’s address as it appears on Henderson County tax records. The goal of the survey is to better understand how the Town can better communicate with citizens and which methods of communication, such as newsletters and BlackBoard connect, are most effective. Attachment:
• Draft Communication Survey Suggested Motion: None
/
Town of Laurel Park Communication Survey
Please take the Town of Laurel Park's Communication Survey. Your feedback is critical for the Town to better understand how to communicate important news and updates to you. This survey should take about 10 minutes to complete.
Thank you.
* Required
How did you hear about this survey? * 1.
BlackBoard Connect
Town Newsletter
Town Website
Word of Mouth
Other
11/13/2020
English (United States)
/
How long have you lived in Laurel Park * 2.
Less than 1 year
2-5 years
6-10 years
11-15 years
16-20 years
More than 20 years
Is Laurel Park your primary residence? * 3.
Yes
No
What is your address?4.
What is your primary address? * 5.
1 2 3 4 5 6 7 8 9 10
How many months of the calendar year do you spend in Laurel Park? * 6.
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/
What is your age?7.
35 & younger
36-55
56-70
70+
Which best describes your employment status8.
Employed Full-Time
Employed Part-Time
Unemployed
Retired
Other
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/
Involvement
Not at all Extremely
How involved do you feel with the Town of Laurel Park? * 9.
Not Satisfied Extremely Satisfied
What is your level of satisfaction with your involvement with the Town of Laurel Park?10.
Have you ever attended a Town Council, or any other advisory board meeting while living in Laurel Park? *
11.
Yes
No
What are the barriers to participation in public meetings? Please check all reasons that apply.12.
I do not have time
The meeting times conflict with my schedule
I do not know about the meetings
I am not interested in the meetings
Other
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/
Knowledge, Usage, and Satisfaction of Engagement Tools
Do you have internet access at home? * 13.
Yes
No
Do you have a device with internet capabilities? * 14.
Yes
No
Please check all devices you have with internet capabilities.15.
Smart Phone
Tablet
Computer
Other
Please check any of the social media platforms you currently use.16.
Youtube
None
Other
11/13/2020
/
How do you receive local, state, and national news? Please check all that apply.17.
TV
Radio
Newspaper
Internet sources
Podcast
Other
Which methods do you use to receive news and information from Laurel Park? * 18.
BlackBoard Connect
Town Newsletter
Town Council Meetings
Word of Mouth
I do not use any of these methods
Other
11/13/2020
/
This content is neither created nor endorsed by Microsoft. The data you submit will be sent to the form owner.
Microsoft Forms
Of the methods listed above, which is your most preferred platform to receive news and updates from the Town of Laurel Park?
19.
BlackBoard Connect
Town Newsletter
I have no preference
What topics do you feel Laurel Park should discuss or inform you of more? * 20.
11/13/2020