town of weaverville agenda weaverville town hall, 30 south … · 2020. 10. 21. · weaverville...

TOWN OF WEAVERVILLE Weaverville Town Hall, 30 South Main Street, Weaverville, NC 28787 Remote Meeting via Zoom Meeting: https://us02web.zoom.us/j/85948891960. Meeting ID: 859 4889 1960

AGENDA

Monday, October 26, 2020 Regular Meeting at 7:00 pm

On a temporary basis, general public comments must be submitted in advance of the meeting. Comments are limited to no more than 450 words and must observe normal rules of decorum. General public comments will be limited to 18 minutes and only comments that are timely received will be read into the record during the general public comment period. All comments timely received will be provided to Town Council and included as part of the minutes of the meeting. Public comments can be submitted as follows: (1) by emailing to [email protected] at least 6 hours prior to the meeting, (2) by putting your written comment in a drop box at Town Hall (located at front entrance and back parking lot) at least 6 hours prior to the meeting, (3) by mailing your written comment (must be received not later than Monday’s mail delivery) to: Town of Weaverville, PO Box 338, Weaverville, NC, 28787, Attn: Public Comments. For assistance in providing public comments, please call (828)645-7116.

Pg # Presenter

1. Call to Order ...................................................................................................................... Mayor Root

2. Approval/Adjustments to the Agenda .............................................................................. Mayor Root

3. Approval of Minutes ……………………………………………………………………………………..………........ Mayor Root A. September 28, 2020 Town Council Special Called Meeting Minutes …………….………….. B. September 28, 2020 Town Council Regular Meeting Minutes …………………….……………

3 4

4. General Public Comments (see below for submission instructions) ….…………………......... Town Clerk

5. Consent Agenda ............................................................................................................... Town Manager A. Monthly Tax Report ………………………………………………………………………………………………… B. Code Amendments: Chapter 30 System Development Fees ……………………………………. C. Budget Amendment: CRF Funds and ABC Revenue …………………………………………………

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6. Town Manager’s Report .................................................................................................... 14 Town Manager

7. Discussion & Action ItemsA. Action on Annexation & Initial R-3 Zoning for Conrad Property on Reems Creek

Road ………………………………………………………………………………………………………………………… B. Greenway Update ……………………………………………………………………………………………………. C. Ivy River Water Quality Project ….................................................................................. D. Quarterly Report – Finance …………………………………………….…........................................ E. Quarterly Report – Planning …………………………………………………………………………………….

16 27 28 32 47

Planning Director Doug Dearth Town Manager Finance Director Planning Director

8. Closed Session .................................................................................................................... Mayor Root • Pursuant to N.C.G.S. § 143-318.11(a)(3) To consult with an attorney employed or retained by the

public body in order to preserve the attorney-client privilege between the attorney and the publicbody...

• Pursuant to N.C.G.S. § 143-318.11 (a)(5) To establish or to instruct the public body’s staff ornegotiating agents concerning the position to be taken by or on behalf of the public body innegotiating the price and other material terms of a contract or proposed contract for the acquisition ofreal property by purchase, option, exchange, or lease.

9. Adjournment ..................................................................................................................... Mayor Root

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https://us02web.zoom.us/j/85948891960

mailto:[email protected]

NOTICE OF WEAVERVILLE TOWN COUNCIL REGULAR MEETING REMOTE ELECTRONIC MEETING ON OCTOBER 26, 2020

The State of North Carolina, Buncombe County and the Town of Weaverville have all declared States of Emergency in response to the COVID-19 public health crisis. Because of the risks to the public that would arise from in-person meetings, the Town’s regular meeting on October 26, 2020, will be conducted via remote electronic format.

This NOTICE OF REMOTE ELECTRONIC MEETING is to inform the public that the Weaverville Town Council will hold its regularly scheduled meeting on Monday, October 26, 2020 at 7:00 p.m. as an electronic video/audio meeting via Zoom Meeting. Access to the meeting will begin at 6:45 p.m. and the meeting will start at 7:00 p.m. The instructions to access this public meeting are:

To join the meeting by computer, go to this link: https://us02web.zoom.us/j/85948891960. You may be asked for permission to access your computer’s video and audio. If so, click “allow.” You will then be asked for the Meeting ID which is: 859 4889 1960

To join the meeting by phone, call: (253)215-8782 or (301)715-8592 You will then be asked for the Meeting ID which is: 859 4889 1960

To listen to an audio recording of the meeting call Town Hall at (828)645-7116. An audio recording of the meeting will be available upon request beginning 24 hours after the meeting and until the minutes of the meeting have been approved by Town Council. To view related materials, please visit the Town’s website at https://www.weavervillenc.org.

General Public Comments – On a temporary basis, general public comments must be submitted in advance of the meeting. Comments are limited to no more than 450 words and must observe normal rules of decorum. Only comments that are timely received will be read into the record during the public comment period. Submit public comments by:

Emailing to [email protected] at least 6 hours prior to the meeting

Putting your written comment in a drop box at Town Hall (located at front entrance and back parking lot) at least 6 hours prior to the meeting

Mailing your written comment (must be received not later than Monday’s mail delivery) to: Town of Weaverville, PO Box 338, Weaverville, NC, 28787, Attn: Public Comments

For questions or additional assistance in how to participate in this meeting or in providing public comments, please call (828)645-7116.

Allan P. Root, Mayor 10/15/2020

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https://www.weavervillenc.org/

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Town Council Remote Electronic Special Called Meeting Minutes

MINUTES Town of Weaverville Town Council Special Called Meeting State of North Carolina Monday, September 28, 2020

Remote Electronic Meeting Zoom: https://us02web.zoom.us/j/85948891960

The Town Council for the Town of Weaverville met for a special called meeting on Monday, September 28, 2020, at 6:45 p.m. as an electronic video meeting via Zoom Meeting.

Councilmembers remotely present were: Mayor Al Root, Vice Mayor Doug Jackson, and Councilmembers Andrew Nagle, Dottie Sherrill, Jeffrey McKenna and Patrick Fitzsimmons.

Staff members remotely present were: Town Manager Selena Coffey, Town Attorney Jennifer Jackson, Planning Director James Eller, Finance Officer Tonya Dozier, Police Chief Ron Davis, Fire Chief Ted Williams, Public Works Director Dale Pennell, and Water Treatment Supervisor Trent Duncan.

1. Call to OrderMayor Al Root called the meeting to order at 6:45 p.m.

2. Public Hearing: Annexation and Initial R-3 Zoning for Conrad Property on Reems Creek RoadCouncilman Nagle noted the need to recuse himself from the conversation based upon a close familial relationshipwith the property owner. Councilman Fitzsimmons motioned to have Councilman Nagle recused. Vice Mayor Jacksonseconded and via a roll call vote all voted unanimously.

Mr. Eller noted that the public hearing had been duly advertised and spoke to the particulars of the property and thevoluntary annexation and initial zoning request. Mr. Eller made particular note that an initial zoning of R-3 isrequested but the Planning and Zoning Board offered a unanimous recommendation of R-2 due to a slightly largerminimum lot area and a prohibition of manufactured housing which differentiate the R-2 and R-3 zoning districts.Planning Board Chairman Gary Burge also spoke regarding the Planning Board’s recommendation.

Bernie and Paul Conrad spoke to their desire to have the property zoned as R-3 upon annexation.

There was no public comment that was offered in writing in advance of or during the hearing. The Town Attorneynoted that the public comment period would stay open for at least another 48 hours and that all comments receivedwould be forward to Town Council for action at its October 26, 2020, meeting.

3. AdjournmentMayor Root declared the meeting adjourned at 6:58 p.m.

__________________________________________ James Eller, Town Clerk

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Town Council Remote Electronic Regular Meeting Minutes

MINUTES Town of Weaverville Town Council Regular Meeting State of North Carolina Monday, September 28, 2020

Remote Electronic Meeting Zoom: https://us02web.zoom.us/j/85948891960

The Town Council for the Town of Weaverville met for its regularly monthly meeting on Monday, September 28, 2020, at 7:00 p.m. as an electronic video meeting via Zoom Meeting.

Councilmembers remotely present were: Mayor Al Root, Vice Mayor Doug Jackson, and Councilmembers Andrew Nagle, Dottie Sherrill, Jeffrey McKenna and Patrick Fitzsimmons.

Staff members remotely present were: Town Manager Selena Coffey, Town Attorney Jennifer Jackson, Planning Director James Eller, Finance Officer Tonya Dozier, Police Chief Ron Davis, Fire Chief Ted Williams, Public Works Director Dale Pennell, and Water Treatment Supervisor Trent Duncan.

1. Call to OrderMayor Al Root called the meeting to order at 7:00 p.m.

2. Approval/Adjustments to the AgendaWith no comment related to the agenda, Mayor Root declared the agenda adopted.

3. Approval of MinutesWith no comment related to the minutes, Mayor Root declared the minutes adopted.

4. General Public CommentOn a temporary basis due to the COVID-19 public health emergency, general public comments must be submitted inadvance of the meeting. Comments are limited to no more than 450 words and must observe normal rules ofdecorum. Only comments that are timely received will be read into the record during the public comment period.Public comments can be submitted (1) by emailing to [email protected] at least 6 hours prior tothe meeting, (2) by putting your written comment in a drop box at Town Hall (located at front entrance and backparking lot) at least 6 hours prior to the meeting, or (3) by mailing your written comment (must be received not laterthan Monday’s mail delivery) to: Town of Weaverville, PO Box 338, Weaverville, NC, 28787, Attn: PublicComments.

No public comments were received.

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Town Council Remote Electronic Regular Meeting Minutes

5. Consent AgendaCouncilmember Sherrill moved for the approval of the Consent Agenda. Vice-Mayor Jackson seconded the motionand in a roll call vote all voted to approve all action requested in the Consent Agenda listed below.Motion passed 5-0.

A. Monthly Tax Report – Information only received from the Buncombe County Tax Department.B. Board Appointments – Appointed Racheal Bronson as a regular member of the Planning and Zoning Board to

serve an unexpired term and appointed Suzanne Devane and Bob Pace as alternate members of the Planning andZoning Board for unexpired terms.

C. Budget Amendment – Approved additional revenue from the coronavirus relief fund and COPS for kidsprogram and related expenses.

D. Approval of WCCHL Programming Letter – Approved letter setting forth the preliminary plans forprograming through the Weaverville Center for Creative and Healthy Living.

6. Town Manager’s ReportTown Manager Coffey presented her Manager’s report to Council which included information related to a potentialsolar project in conjunction with Buncombe County to determine if any municipal facilities are appropriate for theplacement of solar panels; the filming of music series events to be posted to the Town’s YouTube channel; a sales taxrevenue update; COVID-19 exposures at Town Hall and mitigation efforts, and an update on Community Centerfundraising efforts.

7. Discussion and Action ItemsA. Revaluation Presentation.

Keith Miller, the Tax Assessor for Buncombe County, provided a presentation to Council on the 2021 reappraisalprocess. Mr. Miller also addressed various questions from Council.

B. Code Amendment to Code Section 28-95 Concerning Prohibited Parking in Fire Lanes.Ms. Coffey informed Council that the North Carolina Fire Code requires dead end streets to be constructed withan appropriate cul-de-sac or hammerhead intersection to provide for suitable turnaround areas for emergencyservices vehicles. As such, it is important for these areas to remain free of obstruction including parked vehicles.Ms. Coffey recommended to Council an amendment to code section 28-95 to prohibit parking within cul-de-sacsand hammerhead intersections that serve as fire truck turn arounds by designating them as fire lanes.

Vice-Mayor Jackson moved to adopt the Ordinance Amending Weaverville Town Code Section 28-95 ConcerningProhibited Parking in Fire Lanes as presented. Councilmember Sherrill seconded the motion and in a roll callvote all voted to adopt the ordinance. Motion passed 5-0.

C. Code Amendment to Chapter 22 Concerning Solid Waste Penalties.Ms. Coffey recommendation to Council that the civil penalty leveled against violators of the Town’s solid wasteordinance be made consistent with penalties for other general Code violations, and that the civil penaltyspecifically related to the disposal of hypodermic instruments be increased to reflect the severity of the risk.

Councilmember Nagle moved to adopt the Ordinance Amending Weaverville Town Code Chapter 22 ConcerningSolid Waste Penalties as presented. Councilmember McKenna seconded the motion and in a roll call vote allvoted to adopt the ordinance. Motion passed 5-0.

D. Water Treatment Plant Expansion Project Update and Reimbursement Resolution.Ms. Coffey informed Council that staff has taken the preliminary steps to secure an engineering firm through theadvertisement of a request for qualifications and to develop funding options including the issuance of additionalrevenue bonds. Since costs are typically incurred at this point Ms. Coffey requested that Council adopt a

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September 28, 2020 Town Council Remote Electronic

Regular Meeting Minutes

reimbursement resolution so that those expenses can be considered for reimbursement out of potential bond proceeds. Vice-Mayor Jackson moved to adopt the Resolution Declaring Official Intent to Reimburse Expenditures from Proceeds of Borrowing on the Water Treatment Plant Expansion Project as presented. Councilmember Sherrill seconded the motion and in a roll call vote all voted to adopt the resolution. Motion passed 5-0.

E. Christmas Parade.

A discussion occurred related to whether or not the Town will be conducting a Christmas parade in light of the current public health emergency related to COVID-19. It became the consensus of Council that no Christmas parade will be held in 2020.

F. Quarterly Report: Public Works and Water Department. Public Works Director Pennell presented Town Council with the quarterly report for the Public Works Department.

8. Closed Session Councilmember Sherrill made a motion to enter closed session as allowed by N.C.G.S. 143-318.11(a)(3) in order for Town Council to consult with the attorney employed or retained by the public body in order to preserve the attorney-client privilege between the attorney and the public body, and pursuant to N.C.G.S. 143-318.11(a)(5) in order to establish or to instruct the public body’s staff or negotiating agents concerning the position to be taken by or on behalf of the public body in negotiating the price or other material terms of a contract or proposed contract for the acquisition of real property by purchase, option, exchange, or lease. Councilmember Fitzsimmons seconded the motion and by a majority vote the motion passed. All meeting attendees, except the Mayor, Vice Mayor, Councilmembers, Town Manager and Town Attorney, were placed in the waiting room and the closed session meeting was locked during the closed session. [CLOSED SESSION] Vice Mayor Jackson made a motion to exit closed session and return to open session. Councilmember Sherrill seconded the motion. All voted in favor and the open session meeting resumed. All meeting attendees in the waiting room were readmitted to the meeting and the open meeting continued.

9. Adjournment Mayor Root declared the meeting adjourned at 8:35 p.m.

__________________________________________ James Eller, Town Clerk

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TOWN OF WEAVERVILLE TOWN COUNCIL AGENDA ITEM

MEETING DATE: October 26, 2020

SUBJECT: Monthly Tax Report

PRESENTER: Finance Director

ATTACHMENTS: Monthly Tax Report

DESCRIPTION/SUMMARY OF REQUEST:

Buncombe County provides the following monthly tax report for September 2020. This report is provided for information only.

No action is requested or required.

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Amt Collect. ($)

% Coll.

1,019.72

NA

536.04

NA

12.59

NA

1,568.35

NA

325.36

17.79 %

325.36

17.79 %

376,879.91

11.30 %

71,719.36

100 %

66,539.41

100 %

82.56

100 %

515,221.24

14.83 %

517,114.95

14.83 %

Date Sent to Finance Start: Min - September 1, 2020 Date Sent to Finance End: Max - September 30, 2020 Abstract Type: BUS,IND,PUB,REI,RMV

Date run: 10/5/2020 12:38:19 PM BC-401G Net Collections Report CustomData as of: 10/4/2020 11:30:57 PM

Report Parameters:

Default Sort-By: Tax Year Grouping: Tax District,Levy Type

Fiscal Year Activity from July 1, 20XX to September 30, 2020 Activity from September 1, 2020 to September 30, 2020

Tax District: WEAVERVILLE

Levy Type: Admin Expense, Advertisement Fee, Attorney Fee, Collection Fee 5, Collection Fee 9, Cost, Docketing Expense, EXPENSE, FEE INTEREST, Garnishment Fee, Interest, LATE LIST PENALTY, Legal Ad Expense, NSF Penalty, Postage Expense, Sheriff Service Fee, SPECIAL ASSESSMENT, TAX, VEHICLE FEE

Tax Year: 2020, 2019, 2018, 2017, 2016, 2015, 2014, 2013, 2012, 2011, 2010, 2009, 2008, 2007, 2006, 2005, 2004

Year For: 2020, 2019, 2018, 2017, 2016, 2015, 2014, 2013, 2012, 2011, 2010, 2009, 2008, 2007, 2006, 2005, 2004, 2003

Collapse Districts: N

Tax Year

Type Orig. Billed Amt ($)

Abs. Adj ($) Bill Releases ($)

Disc. Levy ($)

Net Levy ($) Unpaid Balance ($)

Amt Collect.

Abs. Adj ($)

Bill Releases ($)

Disc. Levy ($)

County Fee

Wire Amt

Assessor Refunds ($)

Net Collections

Additional Levy ($)

TAX DISTRICT: WEAVERVILLE LEVY TYPE: Interest

Additional Levy ($)

Collection Fee Amt ($)

% Uncoll. Assessor Refunds ($)

2013 RMV 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00

0.00 1,019.72 0.00

2012 RMV 0.00 0.00 0.00 0.00 0.00

0.00 0.00 NA 0.00

0.00

0.00 536.04 0.00 0.00 NA

0.00 0.00 0.00 0.00 0.00 0.00

0.00 0.00

2011 RMV 0.00 0.00 0.00 0.00 0.00 0.00

0.00 12.59 0.00 0.00

0.00 0.00 0.00 0.00 0.00 0.00

Sub. 0.00 0.00 0.00 0.00 0.00 0.00 0.00

NA 0.00 0.00

0.00 0.00 0.00 0.00 0.00

0.00 1,568.35 0.00

TAX DISTRICT: WEAVERVILLE LEVY TYPE: LATE LIST PENALTY

0.00 0.00 NA 0.00

2020 REI 1,195.78 418.91 0.96 821.02 1,828.75 1,503.39 275.28 310.37 0.00 0.00 4.13 271.15

0.00 325.36 69.02

Sub. 1,195.78 418.91 0.96 821.02 1,828.75

231.82 0.00 82.21 % 0.00

271.15

0.00 325.36 231.82 0.00 82.21 %

1,503.39 275.28 310.37 0.00 0.00 4.13

0.00 69.02

TAX DISTRICT: WEAVERVILLE LEVY TYPE: TAX

2020 REI 3,331,329.69 2,655.00 42.49 5,546.45 3,336,258.65 255,971.79

0.00 376,879.91 2,080.00 0.00 88.70 %

2,959,378.74 259,869.84 1,484.96 2.69 0.00 3,898.05

0.00 1,079.06

2013 RMV 73,342.49 0.00 1,623.13 0.00 0.00 0.00

0.00 71,719.36 0.00 0.00

0.00 71,719.36 0.00 0.00 0.00 0.00

2012 RMV 68,037.63 0.00 1,498.22 0.00 66,539.41 0.00 0.00

0 % 0.00 0.00

0.00 0.00 0.00 0.00 0.00

0.00 66,539.41 0.00

2011 RMV 82.56 0.00 0.00 0.00 82.56

0.00 0.00 0 % 0.00

0.00

0.00 82.56 0.00 0.00 0 %

0.00 0.00 0.00 0.00 0.00 0.00

0.00 0.00

Sub. 3,472,792.37 2,655.00 3,163.84 0.00 3,898.05 255,971.79

0.00 515,221.24 2,080.00 0.00

5,546.45 3,474,599.98 2,959,378.74 259,869.84 1,484.96 2.69

Total 3,473,988.15 3,073.91 3,164.80 6,367.47 3,476,428.73 2,960,882.13 260,145.12

85.17 % 0.00 1,079.06

1,795.33 2.69 0.00 3,902.18 256,242.94

0.00 517,114.95 1,148.08

Signature (Tax Collector) _____________________________________________________2,311.82 0.00 85.17 % 0.00

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SUBJECT: Code Amendment Concerning System Development Fees

PRESENTER: Town Attorney

ATTACHMENTS: Proposed Ordinance


In June of this year the North Carolina General Assembly adopted some amendments to the laws governing the timing of collection of system development fees.

The Town Attorney is recommending the adoption of the attached ordinance which provides the necessary Code amendments to reflect this change in the law. The new legislation is not effective until January 1, 2021, and, likewise, the proposed ordinance has a delayed effective date of January 1st.

COUNCIL ACTION REQUESTED:

Town Council is asked to approve the amendments to Code Section 30-81 through the adoption of the attached ordinance. The following motion is proposed:

I move that we adopt the Ordinance Amending Weaverville Code Section 30-81 Concerning System Development Fees.

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ORDINANCE AMENDING WEAVERVILLE TOWN CODE SECTION 30-81 CONCERNING SYSTEM DEVELOPMENT FEES

WHEREAS, Session Law 2020-61 was signed into law on June 30, 2020, and altered the timing of collection of system development fees with an effective date of January 1, 2021;

WHEREAS, Town Council wishes to amend its Code provisions concerning the collection of system development fees for its water system for full legal compliance with the newly amended N.C.G.S § 162A-213;

NOW, THEREFORE, BE IT ORDAINED by Town Council of the Town of Weaverville, North Carolina, as follows:

1. Section 30-81 of the Weaverville Town Code is hereby amended as follows, with allamendments adopted in this Ordinance being shown in red with added languageunderlined and deleted language shown with strike-throughs:

Sec. 30-81. - System development fee.

System development fees are those fees or charges adopted by town council pursuant to and inaccordance with the Public Water and Sewer System Development Fee Act as set out in N.C.G.S.Ch. 162A, Art. 8, as the same may from time to time be amended. System development fees shallbe in such amounts as are reflected on the applicable fee schedule duly adopted by town council.

Notwithstanding any other provision within this chapter 30, in accordance with N.C.G.S. § 162A-213, the town shall collect the system development fee as follows:

(a) For new development involving the subdivision of land, the system development feeshall be collected by the town at the later of (1) the time of application for a building permit, or (2) the time when the water service is committed by the town;

(b) For all other new development, the system development fee shall be collected by thetown at the earlier of (1) the time of application for connection of the individual unit of development to the water service or facilities, or (2) the time when the water service is committed by the town.

or new development involving the subdivision of land, the system development fee shall be collected by the town at the time of plat recordation. For all other new development, the town shall collect the system development fee at the time of application for connection of the individual unit of development to the water system. The system development fee that is to be collected shall be in those amounts shown on the applicable fee schedule at the time payment is to be made.

2. It is the intention of Town Council that the sections and paragraphs of this Ordinanceare severable and if any section or paragraph of this Ordinance shall be declaredunconstitutional or otherwise invalid by the valid judgment or decree of any court ofcompetent jurisdiction, such unconstitutionality or invalidity shall not affect any ofthe remaining paragraphs or sections of this Ordinance, since they would have beenenacted by Town Council without the incorporation in this Ordinance of any suchunconstitutional or invalid section or paragraph.

3. These amendments shall be effective on January 1, 2021, and codified on that date.

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ADOPTED THIS the 26th day of October, 2020, by a vote of ___ in favor and __ against.

__________________________________________________ ALLAN P. ROOT, Mayor

ATTESTED BY: APPROVED AS TO FORM:

_________________________________________________ ______________________________________________ JAMES ELLER, Town Clerk JENNIFER O. JACKSON, Town Attorney

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TOWN OF WEAVERVILLE

TOWN COUNCIL AGENDA ITEM

Date of Meeting: October 26, 2020

Subject: Budget Amendment

Presenter: Town Finance Director

Attachments: Budget Amendment Form

Description:

North Carolina counties are receiving funds for local governments as part of the

Coronavirus Relief Fund (CRF) established under the federal CARES Act. The initial and

subsequent allocation of these funds to the Town and North Buncombe Fire District

combined was $120,853. Funds must be used for COVID-19 related expenditures incurred

between March-December 2020. In October 2020 the Town received another $4,373.57 in

reimbursements, bringing the total received to date to $52,470.11.

As a result of the ABC Store’s FY 2019-2020 audit, an additional distribution of $9,594.90

was distributed to the Town for Alcohol Education and Law Enforcement.

The attached budget amendment is necessary in order to include these funds in the fiscal

year 2020-2021 budget.

Action Requested:

Town Manager recommends approval of the attached Budget Amendment.

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Budget Amendment FY 2020-2021

Town of Weaverville

What expense accounts are to be increased?

Account Account Description Transfer Amount

010-410-412-26000 Admin – Supplies/Materials $558.10 010-470-471-26500 Sanitation-Safety Materials $3,106.93 010-430-431-50100 Police – Small Equipment $708.54 010-430-431-26400 Police - Alcohol Ed & Prevention $5,597.02 010-430-431-26450 Police – ABC Law Enforcement $3,997.88

What expense account(s) are to be decreased or additional revenue expected to offset expense?


010-004-300-07070 Grant Funds (Revenue) $4,373.57 010-004-300-06045 ABC Store – Alcohol Education $5,597.02 010-004-300-06050 ABC Store – Police Dept Revenue $3,997.88

Justification: Please provide a brief justification for this budget amendment. Coronavirus Relief Funds received from the County October 2020; ABC Store additional distribution resulting from fiscal year 2019-2020 audit.

Authorized by Finance Officer Date

Authorized by Town Manager Date

Authorized by Town Council (if applicable) Date

Budget Ordinance Section 7: B. The Budget Officer or his/her designee is hereby authorized to distribute departmental funds based upon the line

item budgets and make expenditures therefrom, in accordance with the Local Government Budget and FiscalControl Act.

C. The Budget Officer or his/her designee may authorize transfers between line items, expenditures and revenues,within a department or division without limitation and without a report being required.

D. The Budget Officer or his/her designee may transfer amounts up to 5%, but not to exceed $10,000 monthly, between departments, including contingency appropriations, but only within the same fund. The Budget Officer must makean official report on such transfers at a subsequent regular meeting of Town Council.

E. The Budget Officer or his/her designee may not transfer any amounts between funds, except as approved by TownCouncil, as a budget amendment.

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Town of Weaverville

Town Council Agenda Item

Date of Meeting: Monday, October 26, 2020

Subject: Town Manager’s Monthly Report

Presenter: Town Manager

Attachments: Manager’s Monthly Report

Description:

Attached you will find the Town Manager’s monthly report to be presented during the upcoming Town Council meeting.

Action Requested:

No action required.

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Town of Weaverville, North Carolina

Town Manager’s Monthly Report

Selena D. Coffey, MPA, ICMA-CM

October 2020

Community Center Construction The Community Center construction project is progressing well with an estimated completion date of May 17, 2021. The roof structure has now been constructed and the building is dried in. This is helpful and timely because it means that fall or winter weather should not disrupt continued progress inside the building.

USDA Waterline Loan We will be closing on our USDA waterline loan on December 14, 2020.

Sales Tax Revenue Update Finance Director Tonya Dozier will speak to this further, but we are seeing our sales tax revenues coming in better than anticipated. In speaking with other small municipalities in the County, they have had similar experiences with their sales tax receipts higher than anticipated.

Halloween Festivities in Town I’ve had a number of folks call to ask if the Town has “rules” for trick-or-treating this year. My response has been that the Town has no official stance on this but for asking folks to follow the Governor’s order regarding the 3Ws – Wear a face covering, Wait 6 ft apart, and Wash or sanitize hands as often as possible. We want children (and their parents) in our community to have fun, while being as safe as possible.

Greenway Project Greenway liaison Doug Dearth will be updating Town Council on some positive news regarding the Reems Creek Greenway project.

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SUBJECT: Action on Annexation Petition and Initial Zoning Request for Conrad Property – 2.06+/- Acres on Reems Creek Road

PRESENTER: Town Attorney

ATTACHMENTS: Proposed Annexation Ordinance Voluntary Annexation Petition and Data Sheet Proposed Annexation Map and Property Tax Map Planning and Zoning Board Recommendation


Action is now permissible on the attached voluntary annexation petition. This petition was submitted by Bernhard and Linda Grace Conrad for their property on Reems Creek Road consisting of approximately 2.06 acres of unimproved land, with an accompanying request that the property be zoned R-3. The public hearing was held on September 28, 2020 and the public comment period was held open until October 16, 2020, with no public comments being received.

The Planning and Zoning Board presented a finding that residential zoning for the property is consistent with the Comprehensive Land Use Plan but recommended R-2 zoning, instead of R-3, when it considered the close proximity to the important intersection of Merrimon Avenue and Reems Creek Road.

The Comprehensive Land Use Plan supports either R-2 or R-3 for this property, so it will be up to Town Council to determine the district that is the most reasonable and best fits the property, should it be annexed. All permissible uses under the zoning district should be considered and not just what is currently intended for the property. Additional considerations could include the size, physical conditions, and other attributes of the property; the benefits and detriments to the landowners, the neighbors, and the surrounding community; and the relationship between the current actual and permissible development on the property and the adjoining areas and the development that would be permissible under the proposed zoning.


It is always within Town Council’s sole discretion to decide whether to annex property into the Town or not. A proposed annexation ordinance has been prepared for Town Council’s consideration should Council wish to annex the property.

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AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE TOWN OF WEAVERVILLE, NORTH CAROLINA –

CONRAD – 2.06+/- ACRES ON REEMS CREEK ROAD ANNEXATION #2020-1

WHEREAS, the Town Council has been petitioned under N.C. Gen. Stat. § 160A-31 to annex the area described below and to designated the property as R-3 zoning; and

WHEREAS, the Town of Weaverville has the authority pursuant to Part 3 of Article 19 of Chapter 160A of the North Carolina General Statutes to adopt zoning regulations, to establish zoning districts and to classify property within its jurisdiction according to zoning district, and to amend said regulations and district classifications from time to time in the interest of the public health, safety and welfare; and

WHEREAS, Town Council directed the Town Clerk to investigate the sufficiency of the petition and the Town Clerk has certified the sufficiency of the petition;

WHEREAS, on September 1, 2020, the Planning and Zoning Board reviewed the requested R-3 zoning designation, found residential zoning to be consistent with the Town’s Comprehensive Land Use Plan, but, due to the importance of the intersection at which the property is located, submitted a unanimous recommendation in favor of R-2 zoning if the property is annexed in order to provide a slightly larger minimum lot area and prohibit the use of manufactured homes in this location;

WHEREAS, a public hearing on the question of annexation and initial zoning was held during a virtual special called meeting of Town Council on September 28, 2020, at 6:45 p.m., after due notice by mailing, posting the property, and publication on September 10, 2020, and on September 17, 2020, and the written comment period was held open through October 16, 2020, with no comments being received in advance of, during, or after the public hearing;

WHEREAS, at the public hearing the residents of Weaverville were given an opportunity to be heard on any questions regarding the desirability of the annexation and the zoning request;

WHEREAS, Town Council finds that the petition is valid and the public health, safety, and welfare of the inhabitants of the Town and the area proposed for annexation will best be served by annexation of the area proposed;

WHEREAS, when considering such factors as the size, physical conditions, and other attributes of the property, the benefits and detriments to the landowners, the neighbors, and the surrounding community, and the relationship between the current actual and permissible development on the property and the adjoining areas and the development that would be permissible under the proposed zoning, Town Council finds that R-3/R-2 zoning is reasonable and in the public interest;

WHEREAS, Town Council further finds that R-3/R-2 zoning is consistent with the Town's Comprehensive Land Use Plan;

17

NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Weaverville, North Carolina, that:

7. By virtue of the authority granted by N.C. Gen. Stat. § 160A-31, the +/-2.06 acres which areshown on the survey that is attached hereto and incorporated herein by reference,described in Deed Book 5197 at Page 55, Buncombe County Registry, and further identifiedas Buncombe County Parcel Identification Number 9732-92-9070 is hereby annexed andmade part of the Town of Weaverville. Said territory shall be subject to the municipal taxesaccording to N.C. Gen. Sta. § 160A-58.10.

8. From and after the effective date of this annexation ordinance, the area so annexed shall besubject to all debts, laws, ordinances, and regulations in force in the Town of Weavervilleand shall be entitled to the same privileges and benefits as other parts of the Town ofWeaverville.

9. The Zoning Map of the Town of Weaverville is hereby amended to establish an R-3/R-2zoning classification for the property so annexed.

10. The property owner is directed to submit to the Town of Weaverville an annexation mapshowing the property so annexed for recordation purposes.

11. The Mayor of the Town of Weaverville shall cause to be recorded in the Office of theRegister of Deeds for Buncombe County, and in the Office of the Secretary of State inRaleigh, North Carolina, an accurate map of the annexed territory, described in Paragraph 1above and shown on the attached survey, together with a duly certified copy of thisOrdinance. Such a map shall also be delivered to the Buncombe County Board of Electionsas required by N.C. Gen. Stat. § 163-288.1.

12. This ordinance shall be in full force and effect immediately.

ADOPTED THIS the 26th day of October, 2020, with ____ voting in favor and ____ against.

_____________________________________________________ ALLAN P. ROOT, Mayor

ATTESTED BY: APPROVED AS TO FORM:

________________________________________________ ____________________________________________ JAMES ELLER, Town Clerk JENNIFER O. JACKSON, Town Attorney

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The Town of

WeavervilleN O R T H C A R O L I N A

30 South Main Street • Weaverville, NC 28787 (PO Box 338) (828) 645-7116 • Fax (828) 645-4776

www.weavervillenc.org

CERTIFICATE OF SUFFICIENCY OF ANNEXATION PETITION 2020-1

CONRAD – 2.10+/- ACRES REEMS CREEK ROAD LOTS 1 AND 2 OF ALTA K. MORRIS ESTATE

TO THE WEAVERVILLE TOWN COUNCIL:

I, James Eller, Weaverville Town Clerk, do hereby certify that I have investigated the Voluntary Annexation Petition of Bernhard Conrad and Linda Grace Conrad (Petition No. 2020-1) and have found as a fact that the Petition is signed by all the owners of real property lying in the area described therein and that the area to be annexed is contiguous to the Town's primary boundary.

Therefore, in accordance with North Carolina General Statutes § 160A-31, et seq., I certify that the Petition is valid and sufficient for the voluntary annexation of a contiguous area pursuant to said § 160A-31 et seq., of the North Carolina General Statutes.

IN WITNESS WHEREOF, I have hereto set my hand and affixed the seal of the Town of Weaverville, this the 17th day of August, 2020.

______________________________________________ JAMES ELLER, Town Clerk

22

Town of Weaverville, North Carolina Staff Report: Proposed Initial Zoning of 24 Reems Creek Road

Prepared August 2020

Sources: Town of Weaverville Code of Ordinances; Comprehensive Land Use Plan

Page 1 of 1

Zoning Analysis

Town Council is set to consider a voluntary annexation of the property commonly known as 24 Reems Creek Road. The parcel consists of 2.1 acres as shown on the voluntary annexation petition and an initial zoning of R-3 is desired. Such an initial zoning of R-3 would provide contiguity use with the neighboring properties under common ownership.

Comprehensive Land Use Plan Compliance

When considering compliance with the Town’s Comprehensive Land Use Plan (CLUP), often the analysis begins with a consultation of the future land use map (pg. A-2). Here it is found that this property exists in a gap between the defined areas shown for the future uses of Industrial and Residential. These gaps are intentional and are addressed within the CLUP on page 25 as follows:

“Gaps have been intentionally provided between defined areas on the future land use map as there is a need for flexibility to allow for the uncertainty of the future. Defined areas do not necessarily follow property boundaries. The boundaries and gaps should be viewed as flexible rather than fixed lines and the final decisions on land use types in these transitional areas should be left to the discretion and good judgement of the appointed and elected officials that are charged with establishing policy and regulations in the Town.”

Given the aforementioned statement, it is the opinion of staff that the proposed initial zoning would not conflict with the Town’s CLUP.

23

Buncombe County

August 19, 20200 0.035 0.070.0175 mi

0 0.06 0.120.03 km

1:2,257

25

Town of Weaverville Planning and Zoning Board

On Tuesday, September 1, 2020 the Planning and Zoning Board reviewed and unanimously recommended to Town Council a proposed initial zoning of R-2 for the property commonly known as 24 Reems Creek Road, 9732-92-9070 currently under consideration for a voluntary annexation.

When considering compliance with the Town’s Comprehensive Land Use Plan (CLUP), often the analysis begins with a consultation of the future land use map. Here it is found that this property exists in a gap between the defined areas shown for the future uses of Industrial and Residential. These gaps are intentional and are addressed within the CLUP on page 25 as follows:

“Gaps have been intentionally provided between defined areas on the future land use map as there is a need for flexibility to allow for the uncertainty of the future. Defined areas do not necessarily follow property boundaries. The boundaries and gaps should be viewed as flexible rather than fixed lines and the final decisions on land use types in these transitional areas should be left to the discretion and good judgement of the appointed and elected officials that are charged with establishing policy and regulations in the Town.”

The Board recognizes that an initial zoning of R-3 was desired on the voluntary annexation petition but ultimately determined that R-2 should be the ultimate zoning district assigned to the property due to a larger minimum lot area and manufacture homes may not be established within the R-2 zoning district.

It has been found that the proposed initial zoning is consistent with the Town’s Comprehensive Plan in that the plan calls for a balance of residential uses. The Planning and Zoning Board considers approval both reasonable and in the public interest due to the desire of the property owner to further develop for residential purposes and finding that adjacent parcels of land under common ownership are also being used for residential purposes creating contiguity of uses.

_______________________________________

Gary Burge Chairman, Planning and Zoning Board

26



SUBJECT: Update on Greenway Project

PRESENTER: Doug Dearth

ATTACHMENTS: None


Town Manager Coffey and Doug Dearth have been working with Buncombe County staff on the Reems Creek Greenway Project. They will update Town Council on the status of this project at tonight’s meeting.


None

27

Town of Weaverville

Town Council Agenda Item


Subject: Ivy Creek Water Quality Project

Presenter: Town Manager

Attachments: Letter from Buncombe County Soil & Water Board Ivy River Intake Map Budget Amendment

Description:

The Buncombe County Soil & Water Board has requested the Town’s partnering with the County in providing matching funds of $7,012.00 for a USDA Emergency Watershed Protection and the N.C. Department of Water Resources grant. This grant funding will address damage by flooding from Hurricane Florence in 2018 to the streambank at the intersection of Ivy Creek and highway 197, which is just above the Town’s water intake point.

Action Requested:

The Town Manager recommends approval of these matching funds for the subject project as it has a direct impact on the quality of the Town’s water supply. This will require a budget amendment appropriating $7,012.00 in fund balance as this is an unforeseen need and was not budgeted.

28

Soil and Water Conservation District Jennifer Harrison

Agriculture and Land Resources Director

[email protected]. (828) 250-4786 buncombecounty.org

October 15, 2020

Dear Selena,

On behalf of the Buncombe County Soil and Water Board, I am writing to ask if the Town of Weaverville is willing to contribute $7,012 as the final matching funds needed to complete a water quality improvement project in Ivy Creek.

In 2018, Hurricane Florence ripped through our area causing substantial damage to properties and our streambanks. One of the streambanks that incurred significant damage is at the intersection of Ivy Creek and highway 197 (please see the attached map). To address the damage, we applied for and received grant funds in the amount of $119,500 ($99,000 from USDA’s Emergency Watershed Protection program and $20,500 from the Department of Water Resources). Our expected cost is $126,000 to repair and restore 600 linear feet of streambank. We need to secure the final $7,012 in order to move this project forward.

We are asking for Weaverville’s help because the intake point for their drinking water is just downstream from this project. Additionally, if we cannot fix this problem now not only will we lose the $119,500 we have already secured, the streambank will continue to erode. This erosion contributes sediment into the river, thus increasing turbidity and reducing water quality. The end result is a potential increase in the cost of providing safe drinking water to the citizens of Weaverville.

Thank you for considering the Buncombe County Soil and Water Board’s request. I am happy to meet with you to answer questions about the project and its impacts. The Soil and Water Board is grateful for our partners and are excited to have this opportunity to continue our work to improve water resources for Buncombe County and our municipalities.

Sincerely,

Jennifer Harrison Agriculture and Land Resources Director

29

_̂ GF

I26 W

Inters

tate 2

6Us

-19&2

3

Us-23N Fork Rd

Us-19 East

Nc-213

I26 E

Us-19

I26 W

I26 E

I26 W

Interstate 26

N Fork Rd

I26 W

I26 E

Us-19

Intersta

te 26

Us-19

Interstate 26

I26 E

Us-23

Us-23

I26 E

Us-19Int

erstat

e 26

Us-19

Buncombe Co

Madison CoYancey Co

Ivy Creek

NCDOT GIS Unit

Weaverville

Mars Hill

Guthrie Site

Water Intake

Legend

GF Guthrie Site

_̂ Water Intake

Ivy CreekMajor RoadsCounty BoundariesMunicipal BoundaryIvy Creek WatershedStreams

Ü0 1 2 3 40.5

Miles

Ivy River Watershed

30

Budget Amendment

Town of Weaverville

What expense accounts are to be increased?


030-700-712-19000 Water Prod – Professional Services $7,012.00

What expense account(s) are to be decreased or additional revenue expected to offset expense?


030-004-310-09900 Appropriated Fund Bal (Water) $7,012.00

Justification: Please provide a brief justification for this budget amendment. Matching funds for Ivy River Project to repair damage caused by Hurricane Florence, and protect the quality of the Town’s water supply.

Authorized by Finance Officer Date

Authorized by Town Manager Date

Authorized by Town Council (if applicable) Date

Budget Ordinance Section 7: B. The Budget Officer or his/her designee is hereby authorized to distribute departmental funds based upon the line

item budgets and make expenditures therefrom, in accordance with the Local Government Budget and FiscalControl Act.

C. The Budget Officer or his/her designee may authorize transfers between line items, expenditures and revenues,within a department or division without limitation and without a report being required.

D. The Budget Officer or his/her designee may transfer amounts up to 5%, but not to exceed $10,000 monthly, between departments, including contingency appropriations, but only within the same fund. The Budget Officer must makean official report on such transfers at a subsequent regular meeting of Town Council.

E. The Budget Officer or his/her designee may not transfer any amounts between funds, except as approved by TownCouncil, as a budget amendment.

31

TOWN OF WEAVERVILLE

TOWN COUNCIL AGENDA ITEM


Subject: Planning Department Report for the 3rd Quarter of Calendar Year 2020

Presenter: Planning Director

Attachments: Planning Department Report – Q3, 2020

Description:

Attached you will find a report reflective of permits issued in July, August and September 2020 and Planning and Zoning Board and Zoning Board of Adjustment activity during the same time.

Action Requested:

None

47

Planning Department Report – Q3, 2020

Total Zoning Permits Issued: 19 Residential: Single family dwellings: 3 Internal upfit or accessory structure: 19 Multifamily dwellings: 1 (132 unit apartment complex known as Palisades at Reems Creek) Commercial: New Commercial: 2 Internal upfit or accessory structure: 0 Sign Permits: 9

Planning and Zoning Board Activity: July: The Board began discussions related to the subdivision ordinance as called for within the Comprehensive Land Use Plan. August: The Board conducted an annual review of progress towards the accomplishment of goals as stated in the Comprehensive Land Use Plan and offered a recommendation to Council related to an update of the stated goals of the Plan. September: The Board discussed the potential initial zoning for the property commonly known as 24 Reems Creek Road in conjunction with a voluntary annexation request. A unanimous recommendation was offered to Council posing the initial zoning of the property as R-2 rather than R-3 as requested by the voluntary annexation petition.

Zoning Board of Adjustment Activity: With no actionable applications, the Zoning Board of Adjustment did not meet during this time.

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town of weaverville agenda weaverville town hall, 30 south … · 2020. 10. 21. · weaverville...

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