‘Town of Franklin Board of Aldermen Agenda Sanuary 4, 2016 1:00 p.m. Call to Order- Mayor Bob Scot Pledge of Allesance- Vice Mayor Pati Abel Adoption ofthe January 4, 2016 Town Board Agenda Approval ofthe December 7, 2015 Town Board minutes Public Hearing 7:5 pm, for Spoxal Use Perit Applicaton for Scenic Ridge Development Pblie Session New Business ‘A. Board Action on Special Use Permit Application for Scenic Ridge Development 'B)_ Presentation on Fiseal Year 2014-2015 Towa of Franklin Aualt- Martin Stames Associate Cassie Wilson ©). Update from Appalachian Teail Committes- Bill Vannorn 1D) Set Public Hearing for Text Amendment othe Unified Development Ordinance Regarding Tasting Roons- Land Use Adminstrator Justin Setser .) Forward Re-Zoning Petition for Carolina Mountain Drive tothe Tov Planning Board+ Land Use ‘Administrator Justin Setser FF) Entegra Bank Account Signatoris- Town Manager Summer Woodard and Town Finance Officer Kyra Doster G,) Competitive Bidding Purchasing Program NJPA and HGACBUY for the Town of Franklin. Town Manager ‘Suramer Woodard and Town Finance Officer Kyra Doster 1) Town Board Appointment to Orchard View Apartments Board- Town Manager Summec Woodard 1) Town Board Committee Appointments- Mayor Bob Scott Legal A). Digeussion Regarding Town of Franklin Code of Ordinances Chapter 32 and Chapter 91- Town Attorney John Hensing Jr, Town Manager Summer Woodard and Town Clerk Chad Simons 'B,) Polley for Police Body Camera's- Town Attorney John Hensing Ir, Town Manager Summer Woodard and Police Chief David Adams ©) Town of Franklin Mercury Minimization Plan- Town Attomey John Henning Jr and Town Manager Summer Woodard ‘Announcements ‘A) Town Hall Offices wil be closed Monday January 18, 2016 for Martin Luther King Jr Day B) Town Board Retreat willbe Saturday January 23, 2016 at 9:00 am, in the Town Hall Board room 10. AdjoumDRAFT ‘The regular meeting of the Town of Franklin Board of Aldermen was held on Monday December 7, 2015 ‘at 7 p.m. in the Town Hall Board Room. Mayor Robert S. Scott presided. Aldermen Patti Abel, Verlin Curtis, Joyce Handley, Farrell Jamison, Billy Mashburn, and Barbara McRae were present. December 7, 2015 meeting The Pledge of Allegiance was done. ‘Approval of the November 2, November 16 and Decem! 2015 Board Minutes Motion was made by Handley, seconded by Curtis to approve the November 2, November 16 and December 1, 2015 Board Minutes as presented. Motion carried. Vote: 6 to 0. Mayor Scott recognized Vice Mayor Verlin Curtis, Alderman Joyce Handley and Alderman Farrell Jamison for their years of service on the Franklin Town Board of Aldermen. Oath of Office for Mayor and Aldermen Macon County Clerk of Court Vic Perry administered the Oath of Office for Alderman Brandon McMahan, Alderman Adam Kimsey and Alderman Joe Collins. Copies of the oaths of office are attached. Macon County Clerk of Court administered the Oath of Office for Mayor Robert S. Scott. A copy of the oath is attached. Mayor Scott made an opening statement to the new Board of Aldermen. A copy of the speech is attached. Adoptis amber 7, 2015 Town Board Agenda Motion was made by Mashburn, seconded by McRae to adopt the December 7, 2015 Town Board ‘Agenda. Motion carried. Vote: 6 to 0, ‘Appointment of Mayor Pro Tempore Motion was made by McRae, seconded by Mashburn to appoint Alderman Patti Abel to serve as the Mayor Pro Tempore. Motion carried. Vote: 6 to 0. Publle Sesston Joe Suminski - Volunteer Franklin Firefighter — Thanks to the Mayor for having me tonight, and for the new board members for your service. | thank you for that. On the December 1, 2015 special meeting an action was taken to instruct the Town Manager to seek a full-time Fire Chief. I'm standing up here today to express support and acknowledge and honor the service of Chief Warren Cabe. In my opinion he is ‘the best Fire Chief in Western North Carolina. He has benefitted our community in many ways. The highlights are a reduced ISO rating, providing savings to residents and businesses. Upgrading our equipment, improving staffing so citizens can enjoy 24/7 coverage. Chief Cabe is well known and respected within the fire service and wider emergency services in our community, our county and ‘throughout the state,DRAFT Joe Suminski ~ Under his leadership Franklin Fire Department has developed a level of teamwork and unit cohesion that is not achieved overnight. It takes dedicated firefighters willing to put in the time and hours of learning, training, communicating and developing. The men and women of Franklin Fire and Rescue are exemplary of such dedication. To take the dedicated efforts of individual firefighters and ‘mold them into the most effective Fire Department takes trust and leadership. We are fully aware that a full time Chief may be in the best interest of the Town. But from the vantage point of the men and women at the end of the nozzle, we served under the best Fire Chief available. | look forward to continuing my service under the Fire Department under the leadership of the next chief. That being said, Chief Warren Cabe will always be my chief. A second point I'd like to address before you is communication. We understand how much time you already dedicate to the Town, and that each Board ‘member has responsibilities that they take on. One of those is the Fire Department liaison. We would invite each member of the Board to come visit us at the Fire Department. Communication is a two way street, and we will make every effort on our part to communicate with you. A fire department comprised of paid and volunteer firefighters is known as a combination department. It’s understood in the fire service and I'm sure by town administrators to present challenges not experienced by departments that are 100 percent volunteer or paid staff. The dedicated members of Franklin Fire Department are fully able and willing to work in conjunction with the administration of the Town of Frankiin to move forward to serve the citizens of our district. We have a great community. Each one of Us here loves to proudly declare, I'm from Franklin, Within our beloved community is another community of men and women that put their lives on the line for you. And that’s the community of firefighters. And | love being a Franklin Firefighter. December 7, 2015 meeting continued, Larry Davis ~ Congratulations to all the new members. | guess | want to bring up the fact that there is no noise ordinance in Franklin. | don’t understand why that is. Maybe | just live in a bad neighborhood, but our Town police have no authority to do anything about it 'm stuck and other residents are stuck living with the noise. What do I need to do about this, and i'm open for suggestions. Mayor Scott - Larry, | appreciate your concern. Noise ordinances are the most subjective type of, ordinances you can pass. One of the problems is getting a definition of noise, | think we can address this, at our retreat meeting. John Henning Jr. Town Attorney — Several years ago we repealed our noise ordinance because it needed to be fully eliminated. | don’t think we intended to leave it at that, but | think this is something ‘our Ordinance Review Committee can look at. Larry Davis ~ | live next door to a house that has put a trailer in there, which it doesn’t have a right to according to the deed, but it’s there. | have two or three families living in it, plus two or three families living in @ house and they all ike to party. Mayor Scott ~ Mr. Setser, will you look into this trailer situation? Justin Setser ~ Land Use Administrator — If it’s a deed restriction then that's a ci issue. matter, not a zoningDRA: Mayor Scott ~ Larry, if you don’t mind let us take this under advisement and we will place this on the January retreat Agenda, T December 7, 2015 meeting continued, ‘New Business: Presentation of Appreciation Pl 9 Buddy He Mayor Scott presented an appreciation plaque for Buddy Huckabee, Franklin High Schoo!’s Band Director, for their performance in the November 2015 Franklin Veterans Day Parade, New Business: from the Macon Overdose Prevention Coalition ‘Stephanie Almeida presented information from the Macon Overdose Prevention Coalition. The organization received a $100,000 federal grant award, one of 18 in the nation. Alderman McRae — Do you know the size of the problem in Macon County? Stephanie Almeida - It’s difficult to get an exact number, but we know that in 2008 there was 115 ‘emergency department visits for medicine and drug issues, and in 2013 there was 185. There was a dramatic increase. ‘New Business: Street Closing Request for the New Year's Eve Ruby Drop. Tim Crabtree - Motor Company Grill Good evening Board. My father was here last month to request a street closing for New Year's. We are wanting this year to close down the street from the square to the next red-light, and to close Main Street to expand the event. We would really lke to drop the Ruby in the middle of the square, where Main and lolta Streets intersect. Our alm in that is to get more businesses involved, At midnight we can all converge together, so it’s not exclusive to Motor Company Grill. | think we had about 1,000 people come up last year, but | think we can get even more people if it is right on the square. ‘Summer Woodard ~ Town Manager ~ One thing the Board needs to consider is our Main Street is set up a little different in that there are numerous entrances and exits. It makes it difficutt at night, especially ‘on New Year's Eve. It puts a burden on our police force to try to man those entrances and exits. ‘Something we can look at during our retreat in Januaty is to try and set some standards to help accommodate businesses for street closing requests. Quite frankly, 'm not sure we have the resources, to do that, for the full street, Tim Crabtree ~ That will be great, Please look at it because we want to expand it. We don’t plan on stopping this. ‘Motion was made by Abel, seconded by Mashburn to close the street from the traffic light at Gazebo to Bryant Funeral Home. Motion carried. Vote: 6 to 0, ic Hearing for Special Use Permit Application for Scenic Ridge Development ‘New Business: Set Put Justin Setser ~ Land Use Administrator ~The Planning Board met in November to look this permit over. The permit application is attached. We just need to set a public hearing for January 4, 2015 at 7:05 p.m.DRAFT Motion was made by Mashburn, seconded by McRae to set a public hearing for a special use permit application for Scenic Ridge Development on January 4, 2015 at 7:05 p.m. in the Town Hall Board Room, Motion carried. Vote: 6 to 0. December 7, 2015 meeting continued, New Business: Appointment of Members to the Town Planning Board Justin Setser— Land Use Administrator — In your packets you will see that the Planning Board recommended two regular members to join the Board, and an in-town alternate. We advertised in the paper and on the Town website. ‘Motion was made by Collins, seconded by Abe! to approve Susie Ledford as a regular member on the ‘Town Planning Board and Board of Adjustment, and Andrew Raby as the in-town alternate on the Planning Board and Board of Adjustment for three year term beginning on December 7, 2015 and ending on December 7, 2015; and approved Todd Duvall to transition from an in-town alternate to a regular member on the Town Planning Board and board of Adjustment whose term will remain the same (August 2015 until August 2018). Motion carried. Vote: 6 to 0. New Business: Forward Text Amendment to the Unified Development Ordinance Regarding Tasting Rooms to the Town Planning Board Justin Setser — Land Use Administrator - We have been approached and had some lengthy discussions for a potential text amendment for a tasting room to our Unified Development Ordinance as a use. We have drafted a sample ordinance to define a tasting room. It’s in your packet, and | would like the Board ‘to forward this to the Planning Board. Motion was made by McRae, seconded by McMahan to forward text amendment to the Unified Development Ordinance regarding Tasting Rooms to the Town Planning Board. Motion carried. Vote: 6 100. A copy of the draft ordinance Is attached. New Business Budget Amendments Kyra Doster — Finance Officer ~ The first three amendments are for the police department. One is to increase miscellaneous revenue by $2,500 from Police Department Calendars and the expenditure supplies line item by $2,500. ‘Motion was made by Collins, seconded by Abel to approve the budget amendment as recommended. ‘Motion catried. Vote: 6 to 0. A copy of the amendment is attached. Kyra Doster — Finance Officer - The second one Is to appropriate funds that we received from selling two patrol vehicles on US Gov Deals. We would like to reallocate our vehicle maintenance line item by $2,719.00 with these funds. ‘Motion was made by McRae, seconded by Mashburn to approve the budget amendment as recommended. Vote: 6 to 0. A copy of the amendment is attached,DRAFT Kyra Doster — Finance Officer — The next one is for a 2008 Crown Victoria that was wrecked. We got an insurance settlement for $5,820.00. We would like to put that into the expenditure line item for vehicle maintenance. December 7, 2015 meeting continued, Motion was made by Mashburn, seconded by Abel to approve the budget amendment as recommended. Motion carried. Vote: 6 to 0. A copy of the budget amendment is attached. kyra Doster — Finance Officer This one is for planning. The $5,000 was appropriated in June of 2015, and went unexpended. We need to re-appropriate those in the 2015-2016 budget to help cover the expenditures for the Windy Gap road cell tower matter. ‘Motion was made by Mashburn, seconded by McMahan to approve the budget amendment as recommended. Vote: 6 to 0. A copy of the budget amendment is attached. Kyra Doster - We have one more. This is for the police department, for the lease purchase proceeds for the police vehicles. In the Novernber meeting the Board approved a credit application for the lease. We received the approval confirmation from Ford Motor, and this will appropriate the $73,805.00 for the expense, Motion was made by Mashburn, seconded by Abel to approve the budget amendment as recommended. Vote: 6 to 0. A copy of the budget amendment is attached. New Business: rd Regular meeting Schedule Summer Woodard - Town Manager — This is something we need annually. This would set our regular ‘meeting schedule for next year. It’s always on the first Monday of the month, unless there is @ Holiday ~ in which case the meeting will be on a Tuesday. Motion was made by McRae, seconded by Abel to approve the 2016 Town Board Regular meeting ‘Schedule. Motion carried. Vote: 6 to 0. A copy of the schedule is attached. New Business: Approval of the 2016 Town of Franklin Holiday Schedule ‘Summer Woodard - Town Manager ~ This coincides with the 2016 state Holiday schedule. Motion was made by Kimsey, seconded by Mashburn to approve the 2016 Holiday Schedule as presented. Motion carried. Vote: 6 to 0. A copy of the schedule is attached. New Business: Proposed Change to the Town of Franklin Personnel Poli Chad Simons ~ Town Clerk ~ When the personnel policy was adopted in 2010 there was a stipulation put in there that you had to use all of your comp time within 30 days. 'm not sure if that was ever adhered to or enforced. It's impractical. We're asking tonight for more discretion for the Town Manager and Department Heads to enforce when their employees can use comp time without adversely impacting ‘their departments, and to cap it at 60 hours so it never gets out of hand,DRAFT December 7, 2015 meeting continued, Alderman Joe Collins ~ Is this two separate issues. Chad Simons — Yes. A sixty hour cap and a time limit. ‘Alderman Mashburn — And your recommendation is how many days? Chad Simons ~ Town Clerk — Sixty hours. ‘Alderman Joe Collins ~ And the sixty hour cap came from where? Chad Simons ~ Town Clerk The MAPS Personnel Management Group reviewed our personnel policy, ‘and that was their recommendation, Alderman Joe Collins ~ Are you suggesting @ longer cap? ‘Summer Woodard - Town Manager ~ Yes. Six months to a year. It would really depend on the department because fire and police may be different if there was an emergency situation, so this would allow the department head to have more discretion. ‘Alderman Joe Collins ~ But whatever cap we put on it that takes away the discretion from the department head, So you're not saying we want to do a six months to a year are you? ‘Summer Woodard ~ Mr. Simons? Chad Simons ~ Town Clerk ~The sixty hours is practical Alderman Joe Collins — Let’s say that is. But what about a time cap? Chad Simons - You could keep it open ended unless the Board decides differently. ‘Summer Woodard - Town Manager - Our recommendation would be a year. Alderman Joe Collins ~ But then you're taking away the discretion from department heads. Alderman Kimsey you have human resource experience, what is this? Alderman Adam Kimsey — | guess this is an opportunity here where some departments may need a different policy, and you want to leave it open so each department can determine when that is? Chad Simons - Town Clerk - That's correct. So you don’t have to use within thirty days, and if something were to come up in the case of an emergency, et cetera. What we have now isn’t working. That much | can tell you. Alderman Joe Collins ~ | want a cap. A year or something.DRAFT Motion was made by Mashburn, seconded by Collins to amend the Town of Franklin's Personnel Policy, Article Il, Section 12. The revised verbiage now states that “Town of Franklin Employees can earn up to 60 hours of compensatory time, and compensatory time must be taken within a year of the date earned. Motion carried. Vote: 6 to 0. December 7, 2015 meeting continued, New Business: Appointment of Donnie Bishop to the Tourism Development Authority Board ‘Summer Woodard — Town Manager — At last month’s meeting the Tourism Development Authority Board voted unanimously to recommend Donnie Bishop to serve a three year term. Mr. Bishop is the ‘owner and manager of Frogtown Deli in downtown. ‘Motion was made by McRae, seconded by Mashburn to appoint Donnie Bishop to the Tourism Development Authority Board to serve a three (3) year term beginning December 7, 2015 and ending December 7, 2018. Motion carried. Vote: 6 to 0. ‘New Business: Appointment of Tim Crabtree to the Tourism Development Authority Board ‘Summer Woodard - Town Manager — At the November meeting the Tourism Development Authority Board voted to recommend Mr. Crabtree to serve a three year term as well. Mr. Crabtree is the manager of Motor Company Grill and most recently, the manager of Crabtree General Store, both in town. Motion was made by Abel, seconded by McRae to appoint Tim Crabtree to the Tourism Development Authority Board to serve a three (3) year term beginning December 7, 2015 and ending December 7, 2018. Motion carried. Vote: 6 to 0. New Business: Municipal Agr Trans nl mi ‘Summer Woodard - Town Manager ~ Back in 2013 the Town discussed moving forward with allocating $36,000 for the new town bridge project, which has a start date of August 2016. The Attorney has looked at this agreement, and it reiterates all that has been discussed before, which that the Town will continue to adhere to the agreement of $36,000 for the project that will start next August in 2016. We Just need an authorization from the Board tonight if we still wish to continue with that. John Henning Jr, ~ Town Attorney ~ | have reviewed this, This is a standard agreement when they begin a project with a municipality It says they will be in charge of the project except for that one betterment that we are agreeing to pay for the bridge. ‘Motion was made by McRae, seconded by Abel to authorize the Town of Franklin to sign the ‘agreement to pay $36,000 for the betterment of the Town Bridge Transportation Improvement Project (TIP) B-5125. Motion carried. Vote: 6 to 0. Mayor Scott appointed Patti Abel to serve as the Fire Department Liaison.December 7, 2015 meeting continued, Legal ~ Policy for Police Body Camera’s John Henning Jr. ~ Town Attorney ~ Essentially this is a departmental policy, but one we thought the Board should look at and approve. Going forward we want the department to have a more concise departmental policy, and this one in particular lays out how body cameras will be managed. Again, | know the Board hasn't had much time with this, and I'l be happy to answer any questions about it Alderman Joe Collins ~ Can we look at this next month. What's the downside? You're comfortable with it, but we're on the hook here, John Henning Jr. ~ Town Attomey — Sure. | don't think it will hurt to delay this a month. Legal: Ordinance amending Chapter 130 of the ordinances to deal with possession of open containers John Henning Jr. ~ Town Attorney — Under state law the purchase, consumption and possession of beer and wine is presumed to be legal. The exact opposite is true of public possession of fortified wine and liquor. For that reason our ordinance dealt with the public consumption of beer and wine. It's presumably legal. The ordinance we have originally dealt with consumption of malt beverage and wine (on public streets. This ordinance will add open containers of malt beverages, and | understand this has been an issue on occasion. ‘Motion was made by Mashburn, seconded by McRae to adopt the Ordinance amending Chapter 130 ‘of the ordinances to deal with possession of open containers on streets and sidewalks. Motion carried. Vote: 6 to 0. A copy of the amendment is attached. Announcements ‘The Town Employee Luncheon will be December 18, 2015 at 12 p.m. at the Boller Room. ‘Town Offices will be closed December 23, 24 and 25 for Christmas. ‘Alderman McRae — | would like to say that | am pleased that people are applying to our Boards. ‘Motion was made Collins, seconded by Abel to adjourn the meeting at approximately 8:10 p.m. ‘Motion carried. Vote: 6 to 0. Robert S. Scott, Mayor Chad B. Simons, Town ClerkAgenda Item — Board of Aldermen Meeting Date: January 4, 2016 Agenda Item #: 5 Department/Agency: Land Use Subject Matter: Public Hearing 7:05 p.m. for Special Use Permit Application for Scenic Ridge Development. Land Use Administrator Justin Setser will present this item. Department Head's Comments/Recommendation: N/A ‘Town Manager's Comments/Recommendation: N/A Suggested Motion: N/A Attachments: Yes No_X Action Taken:‘Agenda Item ~ Board of Aldermen ‘Meeting Date: January 4, 2016 Agenda Item #: 7 (A) Department/Agoney: Town Board Subject Matter: Board Action on Special Use Permit Application for Scenic Ridge Development. Department Head's Comments/Recommendation: The Town Planning Board voted to recommend approval. Town Manager's Comments/Recommendation: Approval Suggested Motion: If (favorable) Town Attorney will provide motion. Attachments: Yes _X No__ Action Taken:Town of Franklin Post Office Box 1479 Franklin, North Carolina 28744 (828) 524-2516 Application for Special Use Permit Application Dat 09:1 jestriceeed pte ema ‘Scenic Ridge Properties, LLC Applicant's Name (print) Principal Property Owner’s Name (print) 199 Franklin Plaza Drive 286 East Palmer Street ‘Adress adcess Franklin, NC 28734 Franklin, NC 28734 City State Zip Gity State’ Zip 828-349-5920 826-824- Phone Phone Location and deseription of property: (Iffmore than one parcel will be involved, attach a sheet with ‘the pertinent parcel information for each parcel listed.) The property is located off of Hightands Road (NC 26), between Thomas Heights Road (SR 1481) and Tennessee View Street. ‘The property is currently vacant and consists of woodlands and pasture, house, smell barn, and ‘some small streams. Parcel Number; See attached ‘Acreage: See attached Total Project Acreage: _ 55.31 ‘Current Zoning District: FranklinG-2/-2 Current Land Use: _Vacant Agricutture/Pasture Briefly describe the use proposed for the property: Approximately 68 Single Family Lots and 32 Units of single family attached housing and as C-28U allows State reason(s) for requesting Special Use Permit: To create zoning designations of PRD and C-2SU and a comprehensive subdivision development plan with regard to ‘access and roads. Site served by Municipal Water Yes © No(] — Municipal Sewer Yes i No [1 Proposed allocation of services required: Water: _40,000_GPD, Sewer: 36,000 GPD. (Provide engineers calculations of need) Is project within town limits Yes @ No € Ifno, is annexation proposed.For Applications on Property not Owned by the Applicant 1. Relationship between Applicant and Owner Sar 2. Consent of Owner Yes ® No € ‘Number and location of specific access points to the property and proposed structures and uses with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and access in case of a fire, emergency, or catastrophe: Five proposed access points: one off of Thomas Heights and one (a main entrance) off of the Highland Road (Hwy 28) to serve 55 +/- single family lots; three off of Tennessee View Street to serve 32 units of single family attached housing and 13 - single family lots as well as the 55 +/- Tos. ‘Number of Structures Proposed _NA ‘Number of Units Proposed _100 + ‘Number of Parking Spaces Proposed__NA Height of Buildings Proposed _95' Max Findings of the Board of Aldermen accompanying a favorable recommendation shall include: 1. The use or development is located, designed, and proposed to be operated to maintain or promote the public health, safety, and general welfare. 2. There are, or will be at the time they are required, adequate public facilities to serve the use or development as specified in Section 4.11 of the UDO, 3. The use or development complies with all required regulations and standards of the UDO or with variances thereto, if any, granted pursuant to Section 4.4.16 of the UDO. 4, ‘The use or development is located, designed, and proposed to be operated so as to be compatible with the particular neighborhood in which it is to be located. 5. The Use or development conforms with the general plans for the physical development of the Town as embodied in the UDO, the Principles of Growth, the Thoroughfare Plan, and any other duly adopted plans of the Town, ‘The burden of establishing these findings lies with the applicant, I certify that all information provided in this application is accurate to the best of my Imowledge, information, and belief. By signing below, I certify that I have read the regulations regarding this development in the Unified Development Ordinance. 09-17-15 DateCEteeh Associates, P.A. Cw Engineering Technologier Municipal # Industrial ¢ Commercial # Residential CONSULTING ENGINEERS: NC CERT C-2569 WATER & WASTEWATER © STRUCTURAL # GEOTECHNICAL # TRANSPORTATION WATER RESOURCES & STORMWATER @ LAND PLANNING & DEVELOPMENT CONSTRUCTION MANAGEMENT & ADMINISTRATION # BUILDING DESIGN 125 Highlands Road Franklin, North Carolina 28734 Tel. (828) 524-9185 September 10, 2015 Ms, Summer Woodard Town of Franklin PO Box 1479 Franklin, North Carolina 28744 RE: Scenic Ridge Properties, LLC Water & Sewer Flow Allocations Dear Ms. Woodard: ‘The following information is provided regarding the flow allocations requested for the subject development: © Sanitary Sewer allocation: 36,000 gallons per day 100 single family residences x 3 bedrooms (ave) x 120 gpd/bedroom=36,000 gpd * Waterallocation: 40,000 gallons per day 100 single family residences x 400 gpd = 40,000 gpd Please feel free to contact me at (828) 524-9185 if you have any questions. Sincerely, Lamy A. Lackey, Jr., PLE. cc.: FileNeighborhood Compatibility Meeting Scenic Ridge 55+ Residential Lots and 32 Town Homes 5:30 p.m. - October 6, 2015 Name - Print please Address Initial or Sign Coraldline Ronan [31 Pleasant Hill Miz My Lhthy ibsibdd . ZZ 199 Fan Lhe Pisa bp. Hares f Wt id oid woad Ju Wun ate = PP SOPE PH Deace 317 Beeouiow DE pe Ba Manny as B&R RM — + Man Cnc 24% Come lirele Yen JC a dy fea a G2.fack bee Ra ZG \ Row pare eee AR ie Giliw 180 Faunees® View SL Qh BeeLenin Erxyant 138 ByswtD. : GB pace UAL 65 Pleas: sh AYO. BR Nec Brute B10 Bevaur Da WS, _ Mian © WA TS OBEY pve Ma ‘Dag err (Pl Fean. (LiewNeighborhood Compatibility Meeting Scenic Ridge 55+ Residential Lots and 32 Town Homes 5:30 p.m. — October 6, 2015 ‘The Town of Franklin has been presented with a development plan for a 5S+residential development on Tennessee View ST and Highlands RD on 55.31 acres of land that is currently ‘owned by Scenic Ridge Properties, LLC. This development is required to go through a special use process in accordance with our Unified Development Ordinance. The first step in this process is this meeting and it allows you as a property owner that is within 400 feet of the development boundary to be informed of about the proposed development and have any questions or concerns answered by the developer. There will be two other public meetings about this development before the final decision is made on the development. The next meeting after this one will be the Planning Board and that meeting will be on Monday, November 16, 2015 at 4:00 p.m. in this room. There will also be a public hearing, which each of you within the’400 foot distance will receive mailed notice, and that is tentatively scheduled for Monday, January 5, 2016. You will receive notice of the details of that meeting by mail. Mr. Nell Enloe-of Providence Builders is present on behalf of Scenic Ridge Properties to make a presentation on their proposal and will answer any questions you may have. { will be making note of the discussions at this meeting and they will be made part of the record on this development as it moves through the special use process.TOWN OF FRANKLIN, NORTH CAROLINA APPLICATION FOR SPECIAL USE STAFF REPORT ‘Applicant: | DEL Construction LLC ‘Application | September 17, 199 Franklin Plaza DR Date: 2015 Franklin, NC 28734 ‘Scenic Ridge Properties, LLC Highlands RD Map Attached: [Yes See map multiple Town or ETJ_| Town Special Use Application for 55+ Lot Subdivision & 32 Town Homes SITE INFORMATION Maximum Developable Units [59 Existing Site Land Use Vacant Existing Site Zoning Residential (R-2) & Commercial (C-2) Acreage 5531 acres Physical Characteristies Rolling ‘Overlay District ‘None Other None ‘SURROUNDING ZONING AND LAND USE Location | Existing Use Existing Zoning | North | Commercial & Residential C2&R2 South | Residential R2 East Residential R2 West___| Commercial C2 PLANNING J [Open Space Requirements [Per special use permit a | Parks and Greenway NIA. Site Access Highlands RD, Tennessee View ST and Thomas Height RD Detention Per UDO Floodplain NIA ‘Stream Setbacks NA zi Other, None ENGINEERING Environmental Considerations | None Utilities (Water & Sewer) Town Water and Sewer Traffic Impact Analysis Developer has provided Other ‘NoneSTAFF COMMENTS, DEL Construction LLC (Providence Builders) is proposing a 59 lot subdivision with 32 town houses off of Highlands RD. This development will be called Scenic Ridge. It would have three entrances one off of Highlands RD another off of Tennessee View ST and another off of Thomas Heights RD. This development could potentially ‘be built in three phases. The first being the main 47 lots then the separate 12 lots off of Tennessce View ST and lastly the 32 Town Houses. The eight parcel associated with this development is currently zoned C-2 and R-2. If approved the 59 lots would be rezoned to a Planned Residential Development (PRD) and the 32 Town Homes would be rezoned to C-28U. Alll eight parcels are currently within the Town of Franklin city limits. The developer is requesting that the Town of Franklin to take ‘over all water and sewer line in the development once built. Plus for the Town of, Franklin to take over maintenance of the streets and sidewalks as well. All streets have been designed to Town of Franklin UDO street design standards. The developer has requested to have the required tree locate study waive which the Town Planner has granted. 28 residents within 400ft if the development attended the neighborhood compatibility meeting at Town Hall on Oct 6, 2015 at 5:30. The vast majority of the residents in attendance were happy with the plans. Some of the residents that live to the east off of Thomas rd wished to have Town services provided to them. There is a Towa utility easement to the south property line of the development. ‘STAFF RECOMMENDATION Town Staif has reviewed the preliminary plans and believes it has met all requirements per Town of Franklin UDO. ‘ZONING REVIEW HISTORY |___ Meeting Date Recommendation | Action ‘Neighborhood 08/6/15 None Discussion of site plans Compatibility Meeting to property owners within 400 feet. Report | attached ‘Town Planning Board | 11/16/15 ‘To review and make PB voted to recommendations to TB recommend the approval of Special Use Permit. “Town Board Meeting | 12/7/15 Set public hearing Hearing set for 705 é pam. on 1/4/16 ‘Town Board Meeting | 1/4/16 Public Hearing for Special Use Permit “Land Use Administrator DateS31VS YO SIONVAZANOD "wou vaxioo 3 403 LON th ty Hl i} Ht SJ1WS YO S3ONYA3ANOOSpecial Use Application Findings of Fact Scenic Ridge 59 Lot Subdivision and 32 Town House Facility In accordance with Section 153.053 (m) Findings of Fact for Special Use Review in the UDO. No special use permit shall be approved by the Board of Aldermen unless each of the following findings is made. Therefore, the Board of Alderman makes its recommendation to. _— the Special Use Permit Application for the Seenic Ridge Development based on the following findings ‘The parcels currently zoned Commercial Secondary (C-2) is PIN # 6594691242, 6594598176 and 6594690761. The parcels currently zoned Residential Secondary (R-2) is PIN # 6594699329, 6594588479, 6595700361, 6595609043 and 6594790911. The total acreage of the Scenic Ridge Development is 55.31 acres. Streets are being built to Town of Franklin UDO requirements and water and sewer infrastructure will be built to Town of Franklin specifications. (a) The use or development is located, designed, and proposed to be operated so as to ‘maintain or promote the public health, safety, and general welfare. Yes (b) There are, or will be at the time they are required, adequate public facilities to serve the use or development as specified in § 152,060, below. Yes the public works director +has stated that the system can handle the amount the development will produce. (©) The use or development complies with all required regulations and standards of this, chapter or with variances thereto, if any, granted pursuant to division (8), below, and with all other applicable regulations. Yes the developer has met all requirements as per the ‘Town of Franklin UDO. (@) The use or development is located, designed, and proposed to be operated so as to be compatible with the particular neighborhood in which itis to be located. Yes the development will Planned Residential Development (PRD) with HOA restrictions as well. (@) The use or development conforms with the general plans for the physical development of the town as embodied in this chapter, the Principles of Growth, the ‘Thoroughfare Plan, and any other duly adopted plans of the town. YesAttest: Mayor Robert S. Scott Town Clerk Chad SimonsAgenda Item ~ Board of Aldermen Meeting Date: January 4, 2016 Agenda Item #: 7 (B) Department/Agency: Martin Starnes Subject Matter: Presentation on Fiscal Year 2014-2015 Town of Franklin Audit. Martin Starnes Associate Cassie Wilson will give a presentation to the Town Board regarding the firm's audit of the Town of Franklin's financial statements for Fiscal Year 2014-2015. Department Head's Comments/Recommendation: N/A ‘Town Manager’s Comments/Recommendation: Accept Suggested Motion: If (favorable) to acknowledge receipt of the Fiscal Year 2014-2015 ‘Town of Franklin audit. Attachments: Yes _X No__ Action Taken:MARTIN: STARNES & ASSOCIATES, CPAs, P.A. Town of Franklin 2015 Audited Financial Statementsreenter eee reeceerrmnmene Audit Highlights O Unmodified Opinion oO New GASB StandardGeneral Fund Summary $5,000,000 4,071,719 3,647,289 3,711,854 3,664,482 $4,000,000 $3,000,000 $2,000,000 $1,000,000 S- 2014 2015 mRevenues ExpendituresTotal Fund Balance General Fund $3,000,000 $2,500,000 $2,000,000 en it 1,888,638 1,824,073 - $1,500,000 + $480,862 $1,000,000 $500,000 $- 7 : 2013 2014 2015Fund Balance Position-General Fund O Total Fund Balance $ 2,304,935 O Non spendable - -0- O Stabilization by State Statute - 285.440 oO Available Fund Balance $ 2,019,495 oO Available Fund Balance 2014 $ 1,698,093 O Increase in Available FB $ 321,402mee Available Fund Balance as a Percent of Expenditures-General Fund 100% 75% 55% 50% 25% 0% 2014 2015General Fund Revenues Other Revenues 6% Valorem Taxes 49% Unrestricted Intergovt'l 32% Other taxes and licenses 13% Other revenues include Restricted Intergovernmental, Permits and Fees, Investment Earnings, and Miscellaneous.Ad Valorem Taxes $2,500,000 1,980,071 1,770,235 $2,000,000 $1,500,000 $1,000,000 $500,000 $- 2014 2015ee Unrestricted Intergovernmental Revenues $1,500,000 1,301,277 1,075,310 $1,200,000 $900,000 $600,000 $300,000 $- 2014 2015Other Taxes and Licenses $750,000 546,298 527,055 $600,000 $450,000 $300,000 $150,000 $- 2014 2015General Fund Expenditures Other Expenses General 17% Government 21% Transportation 10% Public Safety 52% Other expenses include Cultural and Recreation, Planning and Economic Development, and Debt Service.Public Safety Expenditures $2,500,000 2,111,365 1,891,492 $2,000,000 $1,500,000 $1,000,000 $500,000 $- 2014 2015General Government Expenditures $1,000,000 779,142 706,568 $800,000 $600,000 $400,000 $200,000 $- 2014 2015Transportation Expenditures 491,502 $525,000 $450,000 379,427 $375,000 $300,000 $225,000 $150,000 $75,000 $- 2014 2015ee Water & Sewer Operating Income 2014 2015 Operating Revenues 3,403,045 3,363,445 Operating Expenditures 3,006,348 3,001,875 Debt Service 934,768 904,111 Operating Income (Loss) 396,697 361,570 Unrestricted Net Position 2,246,193 3,418,130Re Town of Franklin MARTIN: STARNES & ASSOCIATES, CPAS, P.A.Agenda Item — Board of Aldermen Meeting Date: January 4, 2016 Agenda Item # 7 (C) Department/Agency: Appalachian Trail Committee Subject Matter: Update from the Appalachian Trail Committee. Bill Vanhorn will present this item. Department Head's Comments/Recommendation: N/A ‘Town Manager's Comments/Recommendation: N/A Suggested Motion: Information only. No motion is needed. Attachments: Eitan tet No _X Action Taken:Agenda Item — Board of Aldermen Meeting Date? January 4, 2016 Agenda Item #: 7 (D) Department/Agency: Land Use Subject Matter: Set Public Hoaring for Text Amendment to the Unified Development Ordinance Regarding Tasting Rooms. Land Use Administrator Justin Setser will present this item. Department Head’s Comments/Recommendation? NIA ‘Town Manager's Commonis/Recommendation: Approval Suggested Motion: If (favorable) to set public hearing for text amendment to the ‘unified development ordinance regarding tasting rooms for Monday February 1, 2016 at 7:05 p.m. Attachments' Yes _X No Action Taken: eeGown of Franklin 4 Post Office Box 1479 Franklin, North Carolina 28744 (828) 524-2516 Application to Amend the Text Only of the Unified Development Ordinance Applicant: Town Of Fran tint Address: 15 & “tam ST Telephone: Fron Aun, Ww 2813 INFORMATION ABOUT THE PROPOSED TEXT AMENDMENT(S). [Must be filed at least 30 days before the date of the Planning Board meeting where It will be considered] ‘A. Number(s) and title(s) of the section(s) to be amended (staff will assign numbersiites for new sections). AS21010 Ce), 152.024 G), 152.037 (F) + 152,040 (8) B. Explain the purpose or need for each proposed amendments). Use additional sheets, if necessary. To add Tastna Room os u demed vse in the UDO. ec Atethed ordenance C. Recommended text for each proposed amendment(s). Use additional sheets, if necessary Sle attached _Ofdi mance See ge dat te uareetar aaa ie iat les “Bignature of Applicant DateOffice Use Only Previous request for sare amendment? ()Yes () No Action: =a: ‘Application Received By: Date: AUYAING BOARD RECOMMENDATION Anes oan] ve: 62 vag oe: 2/5 ‘Town Board to Schedule @ public hearing after receiving a recommendation from the Planning Board. Legal notice must be placed with date of hearing twice prior to hearing date, First notice betveen 10 and 25 days before hearing. PUBLIC HEARING DATE: BOARD OF ALDERMEN RECOMMENDATION: Approved [_] Denied [] Vote: Meeting Date:AN ORDINANCE ADOPTING CERTAIN AMENDMENTS TO THE UNIFIED DEVELOPMENT ORDINANCE FOR THE TOWN OF FRANKLIN. WHEREAS, there was adopted a unified development ordinance for the Town of Franklin, by unanimous vote of the Board of Aldermen, at its regular meeting held on the 1 day of October, 2007; and WHEREAS, the Acts of the State Legislature of the State of North Carolina empower and authorize the Legislative Body of this Town to adopt ordinances, and to revise, amend, augment, recodify and restate ordinances adopted pursuant to that authority; and WHEREAS, the Legislative Body of the Town of Franklin deems it necessary and expedient to adopt certain amendments to the unified development ordinance for the Town of Franklin, and has considered adoption of the same after due advertisement and public hearing; NOW, THEREFORE, BE IT ORDAINED by the Board of Aldermen of the Town of Franklin that: Section 1. §152.010(C) of the Unified Development Ordinance is hereby amended to add the following definitions, to read as follows: “TASTING ROOM. A facility in which wine products or spirituous liquors that are grown or processed on the owner’s property may be tasted and sold (where permitted licable law and regulatic definition shall also include the followi associated uses as pennitted: gift/retail sales, assembly areas. meeting rooms, dining and catering facilities, and a restaurant facility, if ext requested ited. The {facility must be operated in association with an existing vineyard (bona fide farm) distillery operation, but need not be located upon the same property as the vineyard or distillery operation [ALTERNATIVE: ...with an existing vineyard (bone fide farm) or distillery operation located on the same property. or multiple adjoining properties under ‘common ownership]. The facility must obtain all applicable permits, including an required by the Town of Franklin, the Macon County Health Department or any other department of health and North Carolina lic Beverage Control ission bef inning operat must sr maintain the same.” Section 2. §152.024(B) (C-1 permitted uses) of the Unified Development Ordinance is hereby amended to read in pertinent part as follows: “(B) Permitted uses. 5) Mobile food vendin: NOTE: pending amendment, 45) (16) Music and art studios and galleries. 46) (17) Newspaper offices and printing establishments. CS: 00029208.D0C}SELESLSLESES BESTE F SEEBEBSERBBE BBEBE E Offices, professional, governmental and financial, including banks. Parking lots and garages. Parking lots and structures. Places of worship. Private clubs (SR). Public and semi-public uses such as libraries, museums and galleries. Public utility facilities. Recreational facilities, indoor. Repair services. Restaurants. Retail sale Schools, business, technical and vocational. Service stations. Services, personal, business and repair. ‘Tasting rooms. Theaters. Transit facilities. Wholesale sales.” Section 3. §152.037(F) (UV Urban Village permitted uses) of the Unified Development Ordinance is hereby amended to read in pertinent part as follows: “@) Permitted uses. E SESERPLELESELES E EREBSBEBBEBBESEEE Mobile food vending (SR). [NOTE: pending amendment, ‘Music and art studios. Neighborhood community centers. Newspaper offices and printing establishments. Offices, business, professional and public, Parking lots and garages. Parks. Personal services. Places of worship. Public utility facilities (SR). Recreational facilites, indoor. Repair services, miscellaneous. Residential dwellings, single family. Residential dwellings, multi-family. Residential dwellings, two-family. Restaurants. Retail stores (not including automobile, manufactured home, farm equipment, gasoline, and boat and heavy equipment sales). Schools, business, technical and vocational. {CS: 00029208.D0C}Schools, elementary and secondary. Signs. Tasting rooms. Theaters, indoors or outdoors but not including drivesin theaters.” EB8E BEBE Section 4, §152.040(B) (PCD Planned Commercial Development permitted uses) of the Unified Development Ordinance is hereby amended to read in pertinent part as follows: “(B) Permitted uses. Mobile food vending (S! yTE: pending amendment. Music, art studios and galleries. Newspaper offices and printing establishments. Offices, business, financial, including banks, governmental, and professional. Parking lots and parking garages. Parks, public, including greenways, Personal services. Places of worship. Planned residential developments, Public utility facilities (SR). Recreational facilities, indoors. Recreational facilities, outdoors, commercial. Repair services, miscellaneous. Residential dwellings, single family, two-family and molitfamily. Restaurants, Restaurants, drive-in, Retail sales. Service stations. Signs. Tasting rooms. Wholesale sales, distribution and warehousing.” SEGSEES SRESEEEERE BB BEEEBEE EBBBEEBBEB EBB Section 5. Said ordinance shall be deemed published as of the day of its adoption and approval by the Town Legislative Body and the Clerk of the Town of Franklin is hereby authorized and ordered to file a copy of said ordinance in the Office of the Town Clerk. Section 6. Said ordinance shall be in full force and effect immediately on the date of its publication and filing thereof in the Office of the Clerk, and said ordinance shall be presumptive evidence in all courts and places of the ordinances and all provisions, {CS: 00029208,.D0C}sections, penalties and regulations therein contained and of the date of passage, and that the same is properly signed, attested recorded and approved and that any public hearings and notices thereof as required by law have been given. ADOPTED: This 8" day of September, 2015, upon motion by Alderman , seconded by Alderman , and having been approved bya vote of ___in favor and _ against. ‘TOWN OF FRANKLIN By: Robert S. Scott, Mayor ATTEST: Clerk {CS: 00029208.DOC}Agenda Item — Board of Aldermen Meeting Date: January 4, 2016 Agenda Item #: 7 (E) Department/Agency: Land Use Subject Matter: Forward Re~Zoning Petition for Carolina Mountain Drive to the Town Planning Board. Land Use Administrator Justin Setser will present this item. Department Head’s Comments/Recommendation: N/A ‘Town Manager's Comments/Recommendation: Approval Suggested Motion: If (favorable) to forward re-zoning petition for Carolina Mountain Drive to the Town Planning Board. Attachments: Yes X_ No Action Taken:Petition for Rezoning P.O, Box 1479 Franklin, NC 28744 Phone: 282-524-2516 eae ke af Wane Address of Al wm LES Cope linn MowiSou Dr ‘Owner of Property ke Location of Property 2ES~Caealun Mfr. De size ot ropery_ 2.83 Ac, Paroel Number S<2-€._/ 730° Tex Mep Number ‘W intown Q inETy Current Zoning Designation: =! Curent Use_Combrercin! change in use_C- 2 (Current Development on all Adjoining Lots: Gown of Franklin North __C —! Bast _C~ 2 wer _C | Site served by Municipal Water Yes. _~ No Site served by Municipal Sewer Yes. =. No Petitioner is required to submit three (3) copies of a registered survey indicating the exact boundary lines of the parcel to be rezoned, the names of the owners of adjoining properties, and the location of any existing buildings on the subject property, 1 certify that all information provided in this application is accurate to the best of my knowledge, information, and belief, Furthermore, by signing this request, I agree to pay for advertising costs associated with this petition. ‘Signature of Applicant ‘OFFICE USE ONLY on {he Planning Boetd recommended that this petition be Approved (I Denied Chatman On, ‘he Board of Aldermen held a Public Hearing concerning this request, By vote the Board they Approved] Denied O Attest: Mayor ClerkAgenda Item — Board of Aldermen. Meeting Date: January 4, 2016 Agenda Item #: 7 (F) Department/Agency: Finance and Administration Subject Matter: Entegra Bank Account Signatories. Town Manager Summer Woodard and Town Finance Officor Kyra Doster will present this item. Information will be distributed at the Town Board meeting. Department Head's Comments/Recommendation: N/A ‘Town Manager's Comments/Recommendation: Approval Suggested Motion: If (favorable) to authorize Town Manager Summer Woodard and ‘Town Finance Officer Kyra Doster to be official signatories on the Town of Franklin Entegra Bank Account. Attachments! Yes No_X Action Taken‘Agenda Item — Board of Aldermen Meeting Date: January 4, 2016 Agenda Item #: 7 (G) Department/Agency: Finance Subject Matter: Competitive Bidding Purchasing Program NJPA and HGACBUY for the Town of Franklin. Town Manager Summer Woodard and Town. Finance Officer Kyra Doster will present this item. Department Head’s Comments/Recommendation: N/A ‘Town Manager's Commenta/Recommendation: Approval Suggested Motion: Jf (favorable) Town Attorney will provide wording. Attachments: Yes X_ No Action Taken‘Goates' Canons UNC NC Local Government Law htplieanens sog.une.edu SCHOOL OF GOVERNMENT o Coates" Canons Blog: All For One and One For All: Competitive Bidding Group Purchasing Programs By Elleen R Youens Article: http:llcanons.sog.une.edu/?p=2836 “This entry was posted on July 24,2010 and sted under Purchasing! Purchase Contacts / Purchase Orders, Purchasing, Construction, Property Transactions Have you heard of U.S. Communities? What about National IPA? Or HGAC? WSCA? TCPN? NJPA? This alphabet ‘soup of organizations (and others lke them) can provide North Carolina local govemments with purchasing flexibilly and ‘efficiency through an exception to the bidding statutes for "competitive bidding group purchasing programs." This exception, found in G.S. 143-129(e)(3), was added to the formal bidding statute almost 10 years ago, but many focal governments are stil unaware oft, So how does it work? ‘What Is a competitive bidding group purchasing program? G.S. 143-12(¢)(9) defines a competitive bidding group purchasing program es “a formally organized program that offers ‘competitively obtained purchasing services at ciscount prices to two or more public agencies.” What exacily does that mean? Let's break it down: «Formally organized program"—the statute doesn't explain what “formally organized” means. But the word formally’ suggests that the program must be more than an ad hoe group of public entities deciding to join in on a couple of contracts together. At the very least, you'd want fo see some kind of written document (or series of documents) setting out the purposes of the program, the membership of the program, and the procurement process used by the program. «'Competitvely obtained purchasing services"—the emphasis here is on "competitively obtained.” That is, some type ‘of competitive process must be used by the program. The process does not have to meet all ofthe statutory requirements for 2 formal bid under G.S. 143-129, but it must be competitive. Most of these programs use @ “lead ‘agency’ approach, where one public enfily--the lead agency-—uses its standard procurement process to award @ Contract to a vendor who agrees to supply products to all of the public entities participating in the program. ‘Discount prices’ —The prices offered through the program have to be discounted from list prices, at least, and are hopefully comparable to the pricing you'd get through a formal or informal bidding process. The ides behind these ‘programs is that vendors will be able to offer deeper discounts to the group of entities participating in the program then to an individual public entity because ofthe larger sales volume offered through the program. -Two or more public agencles’—This partis easy, As long 6s you can verify that there's one other public ently participating in the program, you've met this requirement. Again, the idea is thatthe entities participating in the program will gota better deal buying as a group than they would if they entered into contracts individually (because of the increased sales volume). But it can't be a group of private entities. How do you knew Ifa program Is a “competitive bidding group purchasing program”? You have to do some research to decide (1) ifthe program is formally organized," (2) ifthe process used by the program is competitive, (2) ifthe program benefits from "discount prices,” and (4) i there is at least one other public entity participating in the program. 1 suggest stating your research on the internet (each of the programs listed at the beginning ‘f this post have their ow websites), and then following up by calling the program directly to clarity any questions you have. Be sure fo save the documentation you use to determine that the program meets the definition of a ‘competitive bidding group purchasing program’—Iincluding pages from the prograrr’s websile, or seperate documentation you recelve {rom the program—and keep the documents in your bid ile.Coates’ Canons UN NC Local Government Law ‘ntp:/eanons.sog.unc.edy SCHOOL OF GOVERNMENT ia When should you use this exception? Page ‘Once you've done your research and verified that a program meets the definition of a “competitive bidding group purchasing program,” youl also need to verify that the liem(s} you want to buy are actually offered through the program, ‘and-—if you heard about the program from a vendor trying o get your business—you'l need to verify thet the vendor is ‘authorized to sell those products through the program. If you car find that information on the program's website, call or email the program directly. “Then i's up to you to determine—considering the prices offered, the process used, the money and time that could be ‘saved by avoiding the bidding process, the politics involved with the procurement (eg., what will your local vendors or your board members say?), and eny other relevant facts end circumstances-—whether using this exception makes sense. (Orcents,) [Note that if you're using state or federal funds (including ARRA funds), you should ask the agency providing those funds if ‘you can purchase through @ competitive bidding group purchasing program. What do | have to do to use the exception? “The statute doesn't give any procedures that must be followed to use the competitive bidding group purchasing exception; it simply says that purchases made through these programs are exempt from bidding. So, unless required by your local policies, governing board approval is not required and you dos't have to publish notice of your intent to use the exception. All you have to do is contac the program to find out what you have to do to purchase through one of their contracts you've nad a good experience with a competitive bidding group purchasing program that I cnt mention above, you are ‘weleome to share that information by commenting on this post. Links + www.noaa.state.ne us/EnactedLegislation/Statules/HTML/BySection/Chaptar 149/GS_143-129.him| “* veww-noga.state.ne us/Sessions/200 1/BllsHouse/HITML IH 169v3, htm ‘toy ol ie ae pete aby Seo! f arena iat Coombe ence Soeelf Gomer athe Uy eRe Cue SSecagnen rie woes Une tne te out comer apneic: Totrove scans coan of Seif Ger tessa vile Stews me acg ance ct be Bar, Scot frets grant isl Tabet tr aseonl ans eters Geouaned nnd) ba ano popstar en PSTDComer CB 22 Koro Sarr lng, UNE Capel, Chapel, NG 2756990, eal ano ne per S19 466411 oxrenee story and Authority of Nation Joint Powers Allance | Service Cooperatives Legal Authorty [res oars sey About Us History & Authority Minnesota taht 8123821 SenceCooperes Under sat, Subd. 1 WJPA was orginaly created 1 of 10 Mnresota Service Cooperatives. Ou previews name sans he North Cet ence Cooperative NCSO and we ae nw cing buns ste Nationa Jit Powers ‘Aliance® (NIP “the pray purpoe ofthe sevice cooperatives under Sub 2. ident to be the perfomance of panning ona ‘asia! bask ad to assist esting specie need of cnt m parting governmental units, which coud be beter provided by 2 sndce cooperate vn by the members thems. | MM —_8123A2%, Su 7 dts the 23 programs and sence catego hat sae cooperatives ‘aed tis subdnision tats that the sevice cooperatives are not nie to those categories, Under Sub IPA Board of Dvectors In conjunction with is many asorycommites, anrualy develops pln dentiying te ‘rogram anc sens el lmplemient ach yer, Additional References (Ms. 123421 Subd. Members and Patpation Fat Membership wth a sevice coogerative shal be ited o publ school dtc, counties and other (governmental tes dened in scion 4739 and NIP Bylas aa lees Govemmental unt fe ot required {jolt AIPA os Ful Members bu they mst gn on a UPR Patcpating Merrbars io ecoss our contracts en tO ‘alate the purchases Many oral plies equre Membersip to legly access contac hs by othe agencies [JPA provide» Patating Membrssip and Jat Powers Agteemant 2 cost. When @boardsgns eink Powers Agrecnot tua hat ard to sere cn th RUPA Jin Powers Acksty Bond The Parcpaing ‘embersip ad lit Powers Agreements both establish leg per al between NIPA an the Member as fontrecs ar aexesse, DMS. #12842 Subd i) Show that he pees ofthe board of dicots fa sence cooperatives wen very broadly to rant extersive tutor, This state state The bard of deectos sel hae aunty to maitan and operate a sence Goovertve” More special, "Tho sevice coopetatve board of dec mayeneinto conta wth other fitted pate opel andro to provide snes and ter personel s neces 10 funn and support he aared-upon programs and sence” 1S. 1234.21 Subd Ste Service Coopeative Defined Sis 8 defines the Senice Cooperative (SC under othe SCs a public corporation and ageney an ts host ot “rectors make apseaton for acca, and expan pate stat and federal uns tha are ave for programe ofthe Member e) Te <3 pub crportion and agency and asc, ro earnings or itrest of the Se may incur tothe beset ofan inidualo prate entity. NIPA Bylaws + ataioupon aus hip. njpaccop orgaboutushistonsauthontyTestimonials wR Recent News News Update Newly dando contacts 23 $H. Marketing Publications nad os + View Publications ++ ++ View Testimonials +»JOINT EXERCISE OF POWERS dPJPA AGREEMENT National Joint Powers Alliance* NATIONAL JOINT POWERS ALLIANCE JOINT POWERS AGREEMENT ‘This Agreement, made effetive on the date hereof, is between the National Joint Powers Alliancet® (hereinafter referred to as “NIPA”) and _ (hereinafter referred to as “Governmental Unit”). Reci WHEREAS, NIPA asserts it is a Minnesota Service Cooperative created and governed under Minnesota Statute §123A.21; and WHEREAS, under Minnesota Statute §471.59, NIPA is permitted to enter into agreements with other governmental units in the United States and Canada to jointly or cooperatively exercise any power common to the contracting powers or similar powers, as deemed necessary; and WHEREAS, Governmental Unit asserts itis authorized by its Statutes to utilize contracts competitively solicited by another governmental unit; and WHEREAS, Governmental Unit and NJPA desire to enter into a “Joint Exercise of Powers Agreement” for the purpose of Governmental Unit accessing available contracts for goods and services from NPA Awarded Vendors; NOW THEREFORE, NIPA and the Governmental Unit hereby agree as follows: Agreement 1. NIPA will make its contrats for commodities and services and/or other NJPA services available to the Governmental Unit. The Governmental Unit will be deemed a non-voting Participating Member. 2. ‘The Governmental Unit may utilize the contracts or services procured or offered through NJPA to purchase supplies, equipment, materials and services hereinafter referred to as "goods and services” for its eligible users. 3, ‘The Parties to this Agreement will adhere to any and all applicable laws pertaining to the purchasing of goods and services as they pertain to the laws of their state or nation. 4, This Agreement will become effective on the date hereof and shall remain in effect until canceled by either party ‘upon thirty (30) days?’ written notice to the other party. 5. Each party agrees that itis responsible for its acts and the results thereof, to the extent authorized by law, and will ‘not be responsible for the acts of the other party and the results thereof, The Governmental Unit will be responsible for all aspects of its purchase, including ordering its goods and/or services, inspecting and accepting the goods and/or services, and paying the Vendor who will have directly billed the Governmental Unit placing the order. 6. Both Parties to this Agreement agree to strict accountability of all public funds disbursed in connection with this Joint exercise of powers as required by each party's respective laws, 7. To purchase commodities or services from NJPA’s contracts, the Governmental Unit must issue a purchase order or other subsequent agreement in accordance with the terms and conditions of NIPA's contracts and any requirements applicable to the Governmental Unit's governing body. The Governmental Unit must send purchase otders directly to the applicable Vendor and will make payments directly to the Vendor in accordance with its established procedures and terms of NJPA’s contract, The Governmental Unit will not use the goods available under NJPA’s contracts for purposes of resale. Rey. 22088