‘Town of Franklin Board of Aldermen ‘Agenda April 4, 2016 7:00 p.m. Call to Order- Mayor Bob Scott Pledge of Allegiance- Vice Mayor Patti Abel Adoption of the April 4, 2016 Town Board Agenda ‘Approval of the March 7, 2016 Town Board minutes Public Session New Business ‘A) Proclamation for Tartan Day 2016- Mayor Bob Scott B) Recreational Concept Involving the Whitmire Property- lim Ledford C) Consideration of Proposed Rate Increase for J&B Disposel- Bonita Hamstra D.) Street Closing Request forthe Taste of Scotland- Doug Morton E.) Set Public Hearing for Text Amendment Regarding Neighborhood Mixed Use Zoning- Land Use ‘Administrator Justin Setser F.) Recommendation to the Macon County Board of Commissioners to Re-Appoint Dave Jones to the ‘Town of Franklin Planning Board as the ET Representative- Land Use Administrator Justin Setser G) Forward Proposed Flood Ordinance to Town Planning Board- Land Use Administrator Justin Setser and Town Attomey John Henning Jr 11.) Budget Amendment- Town Manager Summet Woodard L) Engagement Letter for Martin Stames LGERS Pension Attest Aucit for 2015- Town Manager Summer Woodard 1) Permission to Advertise Vacancy on Alcohol Beverage Control Board- Town Manager Summer Woodard Amouncements A) Budget Work Session Monday April 18, 2016 at 5:30 pa. in Town Hall Boardroom AdjournDRAFT The regular meeting of the Town of Franklin Board of Aldermen was held on Monday March 7, 2016 at 7 p.m. in the Town Hall Board Room. Mayor Robert S. Scott presided, Alderman Patti Abel, Joe Collins, Adam Kimsey, Brandon McMahan and Barbara McRae were present. March 7, 2016 meeting, ‘The Pledge of Allegiance was done. ‘Motion was made by McRae, seconded by McMahan to excuse Alderman Billy Mashburn from the ‘meeting. Motion carried, Vote: 5 to 0. Mayor Scott recognized the Town of Franklin Fire and Police departments for their work at a house fire on Moore Street over the weekend. Adoption of the March 7, 2016 Town Board Agenda Motion was made by Abel, seconded by Kimsey to approve the agenda as presented. Motion carried, Vote: 5 to 0, Approval of January 30 and February 1, 2016 Town Board minutes ‘Motion was made by Kimsey, seconded by Abel to approve the January 30 and February 1, 2016 Board ‘minutes as presented. Motion carried. Vote: 5 to 0. Public Hearing 7:05 p.m. for Re-Zoning Petition for Carolina Mountain Drive Justin Setser ~ Land Use Administrator — This isa petition for re-zoning for five (5) parcels on Carolina Mountain Drive. The applicant is Jeff Wang, It’s for 2.83 acres and it would go from (C-1) Commercial to {C-2) Commercial, You will see the maps in your packet. Also attached is the staff report, along with the planning board recommendations and the consistency statement. The Planning Board recommended approval for re-zoning of these parcels. Alderman Collins ~ The difference between (C-1) Commercial and (C-2) Commercial? Justin Setser ~ Land Use Administrator (C-1} Commercial does not have a setback, and (C-2) Commercial has a ten (10) foot setback all the way around. The neighboring property owners were ‘made aware of that with a certified notification. There are some added uses in (C-2) Commercial as well, but al of the added uses in (C-1) Commercial will apply to (C-2) Commercial. Mayor Scott closed the public hearing at 7:06 p.m. Public Session Phillip Aschliman ~ First of all thanks for having me. 'm here with residents of Hillcrest Avenue and Porter Street, We are here because I've walked here tonight. The bike walk plan is a great thing and we have a great neighborhood. We are excited about the new restaurant and all of the other exciting things /happening in town. We would also ask that you continue to enforce building codes, health codes and zoning in our neighborhood.DRAFT Carolyn Diamond ~1'm a neighbor on Hillcrest Avenue. I'm here to talk about the house in our neighborhood where there is a hoarding situation. It’s been a problem for a long time, longer than I've been a resident of Franklin, | bought my house about a year and a half ago. I've spent considerable time ‘and money renovating that house because | want to keep our neighborhood beautiful. A very large majority of our neighbors are great as well, and | think we are all concerned that our property values are being lowered because of several properties here. We don't want this to happen, so we would like to see the Town improve this area. The Town has an interest too, because of the tax base. In addition to that 'm concerned about hazardous issues apparently going on at that property. It has no running water and electricity. To the best of her ability, | see her taking up gas cans throughout the winter and that is a ‘eal hazard, I'm just real concerned about her and the neighborhood's safety. And there is no plumbing facilities there either, just a tollet that runs into the yard. | don’t want anything bad to happen to the owner. There is an RV at the home and ! think that’s where she stays. '™m just asking if nothing else, ‘maybe social services and animal welfare check in on them. Thank you. March 7, 2016 meeting continued, John Henning Jr. ~ Town Attorney ~ Mr. Mayor Town staff'is very much aware of this situation. I used to live there, so | know. We are attempting to enforce ordinances and there are reasons why itis somewhat complicated there. We are aware of it and are pursuing action. Nancy Key ~I have nothing else to add except that itis kerosene that she is burning. 'm just afraid that she is going to blow herself up. it’s dangerous and we are worried. We've stayed quiet about it because ‘we know you have been working on it.I know she has family in Otto and they refuse to come back and help her. Angela Moore ~ Good evening. Currently the Town has an exclusive franchise for solid waste collection with J&B Disposal, Because this franchise is exclusive it gives them a monopoly over solid waste disposal In the town, and that makes rate adjustments serious business. This is the only company that is allowed to operate in Franklin. ‘Angela Moore read from the Town of Franklin/J&B Disposal Contract which states that J&B Disposal can ‘only increase rates with approval from the Board of Aldermen and must provide sufficient proof when ‘asking for a rate increase. ‘Angela Moore ~ Back in April 2008 J&B Disposal made excellent use of this policy, asking for a much needed rate increase in light of very high gas prices that were approaching the $4.00 mark. Tonight they ‘are again asking for a rate increase and there has not been sufficient proof that I've seen in the press packet, unless there has been materials submitted to the Board that | haven't seen, | would assume it ‘would be in the form of financial records showing that itis a necessary adjustment. | would like to remind the Board that they are making a business decision on behalf of al the residents. While the Board cannot unreasonably withhold this approval. I's in the best interest of the people of Franklin that the rates not be increased. The only reason they should be increased is if J&B Disposal can bring concrete and compelling proof that the rate increases are absolutely warranted. They are asking for an 18.75 percent increase for curbside pickup, an increase that {can’t imagine is justified. f they can show you that its Justified then I would seriously ask you to consider disfranchising solid waste services or looking to other options for solid waste disposal services. It just seems unreasonable in the light of falling gas prices.DRAFT Matt Bateman ~ Thank you for allowing me to speak and thank you for your service. It isa thankless job | know. So why I'm here. I came here before on behalf of the Town for the Top Town Award from Blue Ridge Magazine. i's a big deal, at least | think itis a big deal. If you've been on Facebook or Instagram recently, the community is buying into this. Businesses want their picture taken with the banner. We have other plans to take the two existing banners to the more natural elements of our community and ‘town, to help increase the promotion of the award. | plan on Franklin winning more of these awards because we are that cool of a town, We have a lot to offer and a lot of people got behind this to help us win, Why I'm here again is | would like to have a more in-depth discussion on the current banner ordinance, and | applaud the Board for putting that into place. tt was a big step and it’s probably Impossible to put yourself in the position at the time of foreseeing a banner for an award like we received, An award that doesn’t have a set time period, and we should allow for that. Who could hold you to that? | would just ike to have a more in depth discussion about streamlining the process if and when we receive another award, and the process of getting it up as soon as possible. it does have a shelf life of a year, so time period is another issue as well. Reading through the current ordinance it isa little gray to me. It was designed for an event, not an award. Is there a special exemption option we could use? | don’t want to knock an event banner from the conserved space. That's the last thing I want to do. ''m a big community guy, | think. | Just want to tout this award and shout this from the rooftops. Currently there is an insurance requirements, and it’s a thing — especially if you're as poor as me. Is there something we can do? What can we do? That's a discussion | want to have. There are a lot of people here advocating for the same thing. It would be awesome if the Town Board could consult more with the Tourism Development Authority Board. Why not lead our marketing campaign with the Top Town award. If you're in Atlanta, why not come to the top town. We need to harness our energy and momentum and strategize a litte bt. March 7, 2016 meeting continued, Alderman Kimsey ~ Id like to speak to that Mr. Mayor if that's okay. | spoke with you and Mr, Bateman today. | think it’s a pretty simple situation we can resolve. At least in regards to a special accommodation, and tell me If'm wrong, if there isa special requirement they can go to Mr. Setser and ask him. Secondly, if itis outside of his range can that not go to the planning board? Basically a special accommodation for something. If he wants it up more than the two weeks, we can have that discussion with the planning board and make that decision on a case-by-case basis. | don't know. It just seems like we are causing some headaches about this when we don’t have to. I don’t want to make more rules and, more ordinances if we don’t have to. It's a very rare situation. Mayor Scott - When we go around the table al of the Aldermen will get to speak to this. ‘Alderman Kimsey - When can we do that? Mayor Scott ~ Ina few minutes. New Business: Board Action on Re-Zoning Petition for Carolina Mountain Drive ‘Motion was made by McRae, seconded by Kimsey to accept the findings of fact and recommendations from the Planning Board and to approve the re-zoning petition to move the properties fram (C-1) ‘Commercial to (C-2) Commercial. Motion carried. Vote: 5 to 0, A copy of the petition, maps and findings of fact are attached.DRAFT March 7, 2016 meeting continued, Ne jiness: Cor leration of Rate Increase Request for J&B Disposal Bonnie Hamstra ~ owner of J&B Disposal ~1 am here requesting an increase in rates. Itias been eight years. Fuel prices are not my only expense. | have employees, insurance and repairs. It goes on and on. | don’t feel like going from $8.00 to $9.50 per month is exorbitant increase for all of the things |incur from running @ business. Mayor Scott ~ Anything else you would like to add? Any questions from the Board? Alderman Collins ~ This is a five year franchise? Bonnie Hamstra — Yes Alderman Collins ~ So in 2012 you came and requested an extension with the rates set at that time. Bonnie Hamstra— No. The rates were set in 2008. Alderman Collins ~ But the franchise was up in 2012, or has it ever been up? We are on the third year of. a five year franchise? Bonnie Hamstra — The franchise does not expire until 2012. John Henning Jr. ~ That’s correct. In 2012 the Board renewed the franchise for five years in addition to the five years that was left from 2008. ‘Alderman Collins — Have you ran the numbers to show how much the increase would generate? Bonnie Hamstra ~ Generally when | have an increase I lose a good portion of income. if! had to run the numbers and bring them back to you, 1 can do that. | will say that in 1985 in Fort Meyers, Florida | had rates that were $12.00 more than what we have now, and we included recycling. Alderman Kimsey ~ Without any numbers and to address Mrs. Moore’s concerns, what are your big things? Bonnie Hamstra — The big things are employees, maintenance and insurance rates. It's the general cost. of doing business. Alderman McMahan ~ The last rate increase was eight years ago? Bonnie Hamstra —That's correct. Motion was made by Kimsey, seconded by McMahan to increase the J&B Disposal Rates by $1.50. ‘Alderman Collins ~| just haven't seen enough. Can you come and talk in generalities? Not that it isn’t justified. | just haven't seen enough. | just want to see where some of this, rather than just a broad brush and since it's been a while. | would like to see the numbers.DRAFT Alderman Kimsey ~ If that's what you would like to do, I'm not uncomfortable with that. March 7, 2016 meeting continued, Alderman Kimsey withdrew the motion to increase the J&B Disposal rates by $1.50. Alderman McMahan — I'm still fine with it. | just think $2.50 per month is reasonable when the rates have not gone up in eight years. | think the cost of operating any business has to increase, especially over an eight year time period. | definitely know where Alderman Collins is coming from. Alderman McMahan made a motion to increase the J&B Disposal rates by $1.50. Motion failed due to lack of a second. Alderman Kimsey — Alderman Collins, you're not apposed to the rate increase? You just want them to provide more information? Alderman Collins ~ Yes. Until ! see more | don’t” know if 'm fine with it. | just feel like itis our job to do a little more diligence than where we are at right now. Alderman Kimsey - Would it be possible for you to come back next month with more information? I run a business myself so I know. Bonnie Hamstra—| can do that. That is not an issue. New Busi Planning Board Justin Setser—Land Use Administrator - | handed out a draft ordinance amendment. | have received an application to amend our Unified Development Ordinance to build a center across from the high school. They want us to amend it to change the maximum footprint for a new structure, which is currently 5,000 square feet to a maximum gross floor area of 10,000 square feet. This would coincide with everything else anyway, and Neighborhood Mix Use is the only thing that goes by foot print instead of gross floor area. Fc ‘Text Amendment R Neighb« sd Use Zoning to Town Alderman McRae ~ It’s square footage for a structure? Justin Setser—Land Use Administrator - yes. ‘Alderman McRae ~ So you could have the same footprint on a two acre lot as a quarter acre lot? John Henning Jr.— Town attorney — If you could figure out how to make it fit with all of the other requirements, yes. Justin Setser— Land Use Administrator — You can have 2 10,000 footprint, but you couldn't go on up and have three stories and have a 30,000 floor area. They want to build a 6,000 square ftt foot print. Alderman McRae ~ Wouldn't it be better to have this as a special use permit?DRAFT John Henning Jr. = That’s something the planning board could consider. | think something worth considering if a foot print was meant to fit better in Neighborhood Mix Use rather than gross square footage. 'm not sure. March 7, 2016 meeting continued, Motion was made by Kimsey, seconded by McRae to forward text amendment regarding Neighborhood Mix Use Zoning to the Town Planning Board. Motion carried. Vote: 5 to 0, New Business: Tax Release Jessie Wilkins ~Tax Collector ~ Good evening. I'm here to request a tax release from the Macon Housing Developing Corporation. They are a non-profit and they should be exempt. It was a billing error. We just need the Board to release the $5,108.37. Motion was made by McRae, seconded by Kimsey to release the $5,108.37 for Macon County Housing Developing Corporation. Motion carried. Vote: 5 to 0. New Busin ‘Starnes Audit Contract for Fis 2016-2017 Kyra Doster ~ Finance Officer - The two contracts are the standard audit contracts from Martin Starnes for fiscal year 2016-2017. There is a $600 increase from last year, but no increase for 2017. ‘Alderman Collins ~ Ms. Woodard, are you okay with this? ‘Summer Woodard — Town Manager Yes. In 2012 the Town Board adopted the rate schedule, and that amount is on par with what was proposed for 2016. ‘Motion was made by Collins, seconded by Abel to adopt the 2016-2017 audit contract with Martin- ‘Stames. Motion carried. Vote: 5 to 0. fate on Fiscal Year 2016-2017 T nklin Budget Schedule ‘Summer Woodard ~ Town Manager — This is an added work session date for Monday April 18, 2016 at 5:30 p.m. If that will work | would ask the Board to adopt an amendment to the original schedule. Motion was made by Abel, seconded by Collins to adopt an amendment to the Town of Franklin, budget work schedule to include a work session with the Town Board on Monday April 18, 2016 at 5:30 p.m. in the Town Hall Board Room. Motion carried. Vote: 5 to 0. ‘New Business: Street Closing Requests for 2016 ‘Summer Woodard ~ Town Manager ~ This is the street closing requests that we visited last month, with three additions, The first one is for Sunday March 27, 2016 for a sunrise service to be held on the Gazebo. They are requesting to close lotla Street from 6 a.m. to 9 aum., and everyone Is invited by Holly Springs Baptist Church. The second one is the Airing of the Quilts Festival. They are requesting to close lotla Street from 7 a.m. to 4:30 p.m. on Saturday May 7, 2016. The third one is Appalachian Heritage Festival on Saturday July 16 from 8:30 a.m, to 4:30 p.m.DRAFT ‘Summer Woodard ~ Town Manager —| still have some concerns in this list about the Taste of Scotland Festival. We did reach out to Doug Morton tonight, but he is still in Florida. It does seem like that will be a little heavy to close fotla Street all day Friday, Other than that ill be glad to address any questions. March 7, 2016 meeting continued, Mayor Scott — | also have a problem with it. Normally when we close lotla Street it’s on the weekend. We have a lot of businesses that are open on Friday, and a lot of traffic. That would tie up a number of parking spaces in front of the court house on both sides of the street. It would be up to the Board but in this case 'm really concerned, | also don’t know why they need that street closed, Alderman Kimsey ~ 1 don’t disagree with you but | would like to hear from Doug Morton directly. fd hate to vote against it without hearing from him. Mayor Scott — The concern is not the closing of the street as it is a workday. Alderman Collins ~ There is some concern. If we don't do this do we unilaterally set it for another night? Mayor Scott ~ Maybe it can wait another month? ‘Alderman Abel ~ I'd like to discuss the Winter-Wonderland event. Shouldn't we close it for both Saturdays? | know the first weekend was packed, but maybe we don’t need to close it for the second ‘one. I know Rob Gasbarro with Outdoor 76 is here. What do you think Rob? Corey McCall ~ Outdoor 76 — Rob wasn’t there the second weekend. | think it would be beneficial to close it for both weekends personally. The second weekend wasn’t as busy as the first, but | don’t think 't would hurt. | did hear a lot of complaints from families in the shops about having to take their strollers on the sidewalks. It does seem like a safety hazard and it was vocalized, Alderman Collins ~ Nobody sets up in the streets, though? Alderman McMahan — No. But it being nighttime and the amount of foot traffic. ‘Summer Woodard - Town Manager - The tree lighting really brings a lot of people out. Alderman McMahan — | was one of the people complaining. We had our baby and we had the same concern. David Adams ~ Police Chief -1 think it would be safer to have it closed. Alderman Collins ~ Let's try itfor a year, what do you think? Motion was made by Kimsey, seconded by McRae to table the Taste of Scotland street closure request, and to close Main, lotta and Phillips Streets for the first Saturday of Winter Wonderland, and to give Town Manager Summer Woodard the discretion to close down Main and lotla Streets the second weekend, and to approve all other street closure requests as attached. Motion carried, Vote: 5 too.DRAFT March 7, 2016 meeting continued, Legal: Parking Citation John Henning Jr. ~ Town Attorney ~ Chief Adams has done a lot of work on developing a parking citation for the Town, based on existing offenses already in the Code of Ordinances for a long time. They have not been enforced or cited in a way that identifies our local ordinances. This is already within the authority for the Town Police to do that Chief has created a citation form and we will move forward to begin ticketing for violations already cited within our code, Most of the penalties are $25.00 each. it goes up each day or for each offense. It's collected in the manner of a civil penalty. It would be a small claims act to collect the money owed if someone refused to pay. You're concern Alderman Collins was ‘about how someone would challenge Itf they say they didn’t do it | think they will be able to defend themselves in front of a magistrate. The magistrate would have the authority to do that. Alderman Collins ~ So you write a ticket and someone doesn’t want to pay it. What happens next? Do we have to file a sult to collect $25.00? John Henning Jr. - Town Attorney — Yes, we would. ‘Alderman Collins ~ Unless we start enforcing our ordinances for parking, we will never have control over ‘our Town. People don’t do it voluntarily. There are also sidewalk and handicap issues. But until see a definitive plan about what will happen at each level I'm not comfortable with it. I want to make sure an ‘appeals process is in place. And who gets the money? John Henning Jr. — Town Attorney — You can make it a misdemeanor penalty that will have to go through the courts. The money would go to the Town ited correctly. Alderman Collins ~ Do we have our plan properly In place? David Adams ~ Chief of Police ~| think we do. We can give someone a $25.00 ticket for a local citation, (ora $300 ticket in state court that would go on their insurance and license. Alderman Collins ~ And if they don’t pay what do we do? I'm just hesitant about figuring out the steps, the due process and knowing that it is constitutional, David Adams — Chief of Police —We get no money for a state citation right now. Alderman Collins ~1 agree. John Henning Jr. Town Attorney | also think we have it planned out. | promise you state statute Chapter 160A gives us the authority to cite for an offense against parking regulations, and it is a debt to the town. There are a lot of ordinances that refer back to a monetary penalty. I's either that or making ita misdemeanor penalty. Again | don’t think the Board needs to approve anything to make this happen.DRAFT Alderman Collins - We are going to have to know the steps when we start enforcing. March 7, 2016 meeting continued, John Henning Jr. ~ Town Attorney ~ The steps are if someone doesn't pay we would have to take action in small claims. Are we going to do that every time there is small claims? Probably not. I'll look into credit reporting, as you suggested Alderman Collins. Alderman Collins ~ | just want to make sure we have everything inline before challenges come. But credit reporting is where itis at. David Adams ~ Police Ct state citation. — The majority of people will be happy to pay a $25 ticket instead of a $300 Alderman Collins ~ But it isn’t the majority you have to worry about. David Adams ~ Chief of Police — That is true. Alderman Kimsey ~ You can also cite them a warning too? David Adams ~ Chief of Police - Yes. rl \ce for Handicay rking Penal John Henning Jr. — Town Attorney — We don’t cover handicapped parking spaces in our code of ordinances. This will take care of that. This ordinance will add it to the traffic code. One change we need ‘to look at is the minimum amount, which is $100 for a citation. It has to be between $100.00 and ‘$250.00. ! would ask the Board for input on that amount. Mayor Scott ~ IfI'm not mistaken handicapped parking is also a state statute. We can’t lessen that can we? John Henning Jr. —Town Attorney ~ That's correct. Alderman Kimsey ~ | personally think we should do the minimum, We can change it if we need to. Alderman Collins - Why wouldn't we have that option to set a range in case we get a habitual offender? ‘Alderman McMahan — | was wondering if the ordinance could say that to, if we could say $100 up to $250.00 if tis a repeat offender or an egregious offender. David Adams ~ Police Chief - We get a few complaints and itis serious if you are handicapped. Alderman McRae ~ You don’t want people thinking you are treating people differently. Aldermen Collins ~ You're right. Let’s just make it $100.00DRAFT ‘Motion was made by Kimsey, seconded by Abel to approve the Handicapped Parking Ordinance and setting the penalty of $100.00. Motion carried. Vote: 5 to 0. March 7, 2016 meeting continued, Legal: tility Ordinance Amendments John Henning Jr. ~ Town Attorney ~ We have an ongoing effort to update our code of ordnances, so this will be commonplace in upcoming meetings. For section 50 of the code, which is actually solid waste collection, This will state that our rates are established with the budget ordinance annually, and not set in stone like they are, which makes no sense. We would have to amend them every year. And the same thing would apply to water rates in Chapter 52. ‘Motion was made by Kimsey, seconded by McMahan to adopt the Utility Ordinance Amendments as presented. Motion carried. Vote: 5 to 0. A copy of the amendments are attached. Legal: Resolution of Intent to Join the National Flood Insurance Program John Henning Jr. -Town Attorney — Mr. Mayor the previous Town Board In Its last meeting informally adopted the same resolution, which is a required first step to get into the program. It states that we intend to enter into the program. I've amended this resolution to make clear that the Town is reserving its authority to adopt a flood control ordinance, which is the next step to get into the program. We didn’t want to move forward without this Board having bought into that. ‘Motion was made by Kimsey, seconded by McMahan to approve Resolution of Intent to Join the National Flood Insurance Program. Motion carried. Vote: 5 to 0. ‘Mayor Scott - Town Hall offices will be closed on Friday March 25, 2016 in observance of Good Friday. ‘Summer Woodard ~ Town Manager ~ I do have some tax refunds | need to notify the Board of. Anything under $100.00 the manager can refund as long as the Board is notified. This month we refunded $7.30 to Franklin Health and Fitness, and a refund amount of $13.86 to SiNer Street, LLC. Mayor Scott — I guess we will go around the table. Alderman McMahan — Because Mr. Bateman brought the small town banner up again, and this Is the second time, And because it clearly has a lot of public interest | do think we need to have a discussion about it'd like to hear about how other Board members feel about it. d like for everyone to speak to how they feel about the situation and try to reach some end. I'd like to discuss it tonight if that’s okay. Alderman Collins ~ So many has talked about it. I'm not sure if we shouldn't have a public session. John Henning Jr. ~ Town Attorney ~ Much of this hinges on what the ordinance says. Let me review it for the Board, Essentially the intention of the ordinance was to allow banners across Main Street for events, special events banners, That's what we contemplated. We never questioned something like this, as Matt already noted. I's a leap to make it year round, when we disallowed them for such a long time. And fm not sure that the Land Use Administrator has any discretion in this. t's not in there.DRAFT John Henning Jr. ~ Town Attorney —There is no discretion, I'm not sure where that notion came from. | do think that there was intent that specifically promoted the Town, even if it wasn’t fora specific event. {t's absolutely within the purview and interest of this Board to see that the Town is promoted. So this banner promotes the Town of Franklin and is allowable. But it plainly says two weeks and that’s It. There are reasons for that time frame that aren’t arbitrary. March 7, 2016 meeting continued, ‘Matt Bateman | have never advocated for this banner to go up all year, just longer than a two week Period would be ideal if nothing else is up. ‘Mayor Scott — Then | don’t understand what the Issue is then? Alderman kimsey ~ It never goes up for two weeks. m getting a little personal, but ifit goes up for two weeks, comes down, then goes up for another two weeks, is this not something we could handle on a case by case basis. Can that go to the planning board? That would place atime frame on anyone wanting that. Is this out of the realm in the ordinance? John Henning Jr. - Town Attorney ~ Yes. That would have to be an amendment to the ordinance and ‘hat is certainly within this Board’s right to do that. We spent a lot longer than we have talking about it to get where we are. Matt, can you help me here. ! thought ! heard you say that you didn’t want to replace any banners in place, and | guess | was inferring that you didn’t want to bump anyone from that with yours? Does it go back up after the two weeks following another special event banner coming down? ‘Matt Bateman - Yeah and that’s something | want to clear up too. It’s not my banner. Alderman Kimsey ~ My question to you is would you be willing to sit down and come up with a schedule? Rob Gasbarro ~ Outdoor 76 - Then cost comes into the equation, and installation and insurance. Alderman Kimsey — | do think at some point we need to talk to this Board about the insurance requirements. | guess you will have to incur the insurance costs every time you put it up? John Henning Jr. —Town Attorney — | guess Matt | need to talk to you more because 'm not sure if understand your position. We didn’t contemplate a year-round banner. it contemplated a special event promotion, with the Town's approval and involvement. If that event was a motorcycle rally that resulted ina lawsuit, | would want a good deal of room for liability purposes. There are a lot of clever plaintiff attorneys out there. But what we discovered is that you don’t have to be incorporated or be a 501 (c}3 organization and insurance is not terribly expensive. It’s not hard to obtain, ‘Summer Woodard ~ Town Manager ~ They just need a name. Whatever that name may be they can write you @ policy. The policy can vary depending on the event, somewhere between $350 plus, There Is ‘nothing that is prohibiting this particular banner from going up. Insurance is available and there is no banner up there now. And it is promoting the town. Its an award and we are proud of that. The only tssue is the time frame. It’s aiready being promoted in the Town Hall designation area, and at the gazebo railing,DRAFT ‘Mayor Scott — | think another thing is we have to be fair to everybody, not just one group for one banner. But to everyone in this town. Are you asking the Town to pay to put this banner up and to buy it? March 7, 2016 meeting continued, ‘Matt Bateman — No. All I'm asking for is a streamlined process. For example, no banners were up in January and February. | would have loved to have had the top town banner up on Main Street for longer than two weeks. Mayor Scott ~ But should we allow any group then if that’s the case. Are you going to flip a coin to see who gets that space? Rob Gasbarro — Outdoor 76 ~ Has anyone applied for it? Matt Bateman — It goes back to this. It’s not my banner, It’s the Town's award. | would love for you guys to embrace this award, and say hey, until someone else applies for this space let’s use ‘Mayor Scott Who conducted the award criteria and what was the criteria to get this award? Matt Bateman — I'm not sure what the relevance of the question is? Mayor Scott — How do you get this award? Who started it? ‘Matt Bateman — It was a voting process by Blue Ridge Outdoor Magazine. Mayor Scott ~ And how did we get the award? Matt Bateman — From local people voting, Rob Gasbarro — From 110,000 votes. Mayor Scott — That was the total | think with Knoxville and Roanoke. That's what it says from your ad salesman, Matt Bateman —I'm stil not sure where this is coming from, How Is this relevant? Mayor Scott ~ How much money was given to Blue Ridge Outdoor Magazine? Matt Bateman -| have no idea Bob. Mayor Scott -I can tell you. It was $3,000.00 Matt Bateman - Then why did you ask the question? Rob Gasbarro ~ Look at what their normal ad rates are.DRAFT Mayor Scott - That gets me to my next point. Did every business get an opportunity to buy one of these discounted ads? March 7, 2016 meeting cor ed, Rob Gasbarro - You would have to ask Dusty Allison that. I'm dying to know how this is relevant. Mayor Scott ~ | think it’s very relevant. Matt Bateman ~ Does any of the other Board members feel that this conversation is relevant at this point? Alderman Kimsey —| do feel as any discussion is relevant, and i'm open to any discussion. I don't’ want to say that one side is more relevant than the other. Rob Gasbarro ~The magazine said we won top town. Readers aren't going they only won it because ‘they bought ads. Nobody put gun to our head and asked us to buy advertising. We won before ads were bought and there was no agreement saying ads were going to be bought before we won, So where 1s the relevance? ‘Mayor Scott — | have the minutes right here. | think the relevance is we got tax monies, whether it came from the TDA or the TDC. Rob Gasbarro — It was to promote the town. Mayor Scott ~It was also to sell advertising at a discount. Matt Bateman —I'd be interested to know if other Board members feel the same way. Alderman Kimsey — I almost want to steer the conversation back away from being personal, and in reference to something coming up. This has become a very tough thing when it doesn’t have to be. Let's focus on the ordinance side. | don’t think it will be the only time this will happen, ‘Alderman Collins ~ The Taste of Scotland is required to pay for insurance for their event? Whether or not they have a banner? John Henning Jr. —Town Attorney ~ Yes. Alderman Collins ~ So the insurance is not for purposes of the banner causing falling or whatever. It’s for the event. John Henning Jr. ~ Town Attorney — | think if you promoted an event and had insurance for it, and then a banner fell. t would cover that. Alderman Collins ~ But this is not an event so they don’t need insurance. Does insurance cover the banner or a non-existent event, or both? I'm curious. | don’t mean to sound facetious here.DRAFT John Henning Jr. ~ Town Attorney — Again Matt like you said an hour ago. We are trying to figure out how to fit something new into this, and insurance Is a part of that. March 7, 2016 meeting continued, Alderman Collins ~ Is insurance required just for a banner? John Henning Jr. - Town Attorney — The concern is that the event and the Town’s apparent endorsement of it, whether they meant to or not, and liability that arises from the event. ‘Alderman Collins ~ We just never had a request to put up a banner that's not connected to the event? John Henning sr.— Town Attorney ~ Not to my knowledge. Alderman McRae The ordinance doesn’t cover it and | think the two weeks was just to make it fair to everyone, Nobody ever thought about something like this. John Henning Jr. ~ Town Attorney ~ | understand your point. There are just some good reasons to not have a banner up for longer than two weeks that aren't arbitrary. | just went you to know that, and the Board can change the policy. And there is no room in the ordinance to say, well we really lke this banner. | guess | misunderstood from the start. The Taste of Scotland banner goes up, so the top town banner goes down. The Taste of Scotland is over, and then what? ‘Matt Bateman ~ We put the banner back up again if no other banner is in line with it. ‘Alderman McRae ~ Is it possible to add something to the ordinance to say that the space can also be used for general purpose type banners? John Henning Jr. ~ Town Attorney — Possibly. Again, | spent a long time considering this one, ‘Alderman Abel — It is allowable for this banner to go up more than once in a year? John Henning Jr. - Town Attorney ~ Yes. But that leads me to my second point, which is a preapproval process to get a banner put up for how many ever two week periods when we don’t get any banners? Alderman Kimsey - You would be willing to work with our manager and planner to sort this out? To actually get a schedule put up. ‘Matt Bateman — Sure, Absolutely. feel like we are making progress if those comments of mine started this conversation. John Henning Jr. Town Attorney ~ I just don’t think this ordinance was intended to say, lets figure out how we can always have a banner up. It would violate the spirit of the ordinance if we did that. And as far as an amendment to it, you have an ordinance review committee and a planning board that ‘considers this sort of thing, Matt Bateman — Who compromises the ordinance review committee?DRAFT Alderman Kimsey — I'm on that committee and | will be at future meetings. March 7, 2016 meeti continued, Mayor Scott ~ I want to speak to this one more time. I've been here through this whole banner thing. We conducted hearings. We conducted a public session and we sent the word out to have a put hearing during a Saturday work session, and nobody showed up. Nobody came. We had public hearings when we passed this ordinance, and it was based on how can we be fair to everybody concerned over these banners, and that’s where itis today. It isa fair ordinance and it does not give an ability for one group to have more privileges over the other. Rob Gasbarro — I'm curious to how a top town banner is offensive to people? Alderman Collins ~ If we as a town, through our own participation, won a big award would we have to adhere to this? We would have to apply? John Henning Jr. - Town Attorney — Yes, The town is an applicant for its own processes in lots of things, especially rezoning petitions. The town can’t just choose, Alderman Abel ~ if we are limiting everyone else to two weeks we need to treat everyone else the same, ‘Mayor Scott ~ Here is what we can and here is what the top town thing can do. They can go out and buy billboards, So if you wanted to buy a billboard you can do that. And then you got people coming by seeing, And it's fair to everyone, because anyone can buy a billboard. Alderman McMahan — If | may guys. We've already given space to the small banner by the Bowery, maybe permanently, and by the gazebo as well. So there is two banners on Main Street. Now once people are on Main Street they will see those banners, But also once they are on Main Street they have already found us. Wouldn't’ billboard make more sense? Why would you not focus on a billboard coming into Cherokee and Atlanta? ‘Matt Bateman - We would love to do that to, and we want to make that happen. A banner over Main Street saying top town speaks to a bigger picture. It’s about informing and educating all of us about what we have to offer. It's an education of the community. Maybe not everyone knows that we won this award. If we are going to be an outdoor town it takes community buy in. Let’s do all we can to harness that. I'm so sick and tired of talking about banners. ‘Mayor Scott - What other town in Western North Carolina has promoted the outdoors more than, Franklin? Rob Gasbarro ~ Brevard and Bryson City. ‘Mayor Scott ~ We aren't doing it because of one banner? We do all we can. ‘Matt Bateman ~ Why are we digressing? And I don’t appreciate being talked to like a child. ‘Mayor Scott — Okay. t understand Matt.DRAFT Alderman Kimsey~ You can come In and request multiple two week periods. That's something we can discuss, correct? | think that almost settles the issue. We don’t need an ordinance review committee meeting for that. Nothing doesn’t have to be changed. And this is getting too personal March 7, 2016 meeting continued, Matt Bateman I get that. It’s a process. Alderman McMahan ~ Is it possible to look at peak times of the year and promote it with a banner then. If it’s not conflicting, we can put it up then. John Henning JR. ~ Town Attorney ~ And the TDA has given $3,000.00 for the magazine. | think that reeds to be pointed out. They deserve some credit for that. Alderman Collins ~ Given the fact that this is the first time we've addressed this, and our ordinance does not address it. By the time we get around to amending an ordinance we will be beyond the timeframe. ‘And who puts up the banner? John Henning Jr. - Town Attorney — They would be responsible for it. ‘Alderman Collins ~ Shouldn't we do that? Do we want to make someone else be responsible for that when we know what we are doing? I'm serious. | always thought the insurance was in case the thing fell. John Henning Jr.— Town Attorney —I think the intent was ift Is to promote someone else’s event, we ‘wouldn't want to expose town employees to the risks of doing that. And you end up with workman's ‘comp claims. ‘Alderman Kimsey ~ And we become overiy-afiliated with the group or event. ‘Alderman Abel- It is kind of an award that is different. Would the town not be the one to put it up? ‘Summer Woodard ~ Town Manager ~ You could, but you will open up a can of worms. ‘Alderman Collins ~| thought we always put up the signs and banners, Mayor Scott ~ No. The sign vendors did. ‘Summer Woodard ~ Town Manager ~ Here is a solution. There is an ordinance review committee ‘coming up. ‘Alderman Kimsey — When is that date? Chad Simons - Town Clerk— Tentatively April 25. ‘Summer Woodard ~ Chad Simons serves on that board. Aldermen Mashburn and Kimsey serve on that board. Our planner Justin Setser will be there, as well as myself. | think that will be a good time to sit down and look at this more closely.DRAFT Summer Woodard ~ And if they want to put it up before then, they can do so. ‘March 7, 2016 meeting continued, ‘Matt Bateman — I'm just happy there is a discussion going on. Is it two weeks and three days? John Henning Jr. - Town Attorney — Yes. David Culpepper - The town is going to install it? ‘Mayor Scott ~ We will hash that out at the committee meeting. Does any Board member have anything else? ‘Motion was made by McRae, seconded by Kimsey to adjourn the meeting at approximately 9:30 p.m. Motion carried. Vote: § to 0. Robert S. Scott, Mayor Chad Simons, Town ClerkAgenda Item — Board of Aldermen Meeting Date: April 4, 2016 Agenda Item #: 6 (A) Department/Agency: Scottish Tartans Museum Subject Matter: Proclamation for Tartan Day 2016. Mayor Bob Scott will present this item. Department Head’s Comments/Rocommendation: N/A ‘Town Manager's Comments/Recommendation: Approval Suggested Motion: If (favorable) to declare Wednesday April 6, 2016 Tartan Day. Attachments: Yes_X_ No__ Action Taken:Whereas Whereas Whereas Whereas Whereas Therefore Bob Scott, Mayor TOWN OF FRANKLIN Post Office Box 1479 Franklin, North Carolina 28744 (828) 524-2516 A Proclamation Tartan Day ‘The Declaration of Arbroath, the Scottish Declaration of Independence was signed on April 6, 1320, and Scottish Americans have played a significant role in shaping our nation. Many of the signers of our own Dectaration of independence were of Scottish descent and the governors of nine of the thirteen colonies were of Scottish ancestry, and Generations of Scottish Americans have made valuable contributions to our town, western region, state and national heritage in the fields of science, architecture, medicine, government, politics, economics, literature, and the performing arts, and Franklin has the only museum in the Unites States devoted to tartan wear and Scottish traditions, culture, and heritage, and Franklin has a rich history with the character and strength of a beautiful and diverse population including Scots and Scots-Irish. |, Bob Scott, Mayor of the Town of Franklin, North Carolina, so hereby declare April 6, 2016, as TARTAN DAY in Franklin, In witness thereof, | have hereunto set my hand and caused the Seal of the Town of Franklin to be affixed the 4" day of April 2016. Chad Simons, Town ClerkAgenda Item — Board of Aldermen. Meeting Date: April 4, 2016 Agenda Item #: 6 (B) Department/Agency: N/A Subject Matter: Recroation Concopt Involving the Whitmire Property. Jim Ledford will prosent this item. Department Head's Comments/Recommendation: N/A Town Manager's Comments/Recommendation: N/A Suggested Motion: This is for information only. No motion is needed. Attachments: Yes __ No _X_ Action Taken:Agenda Item — Board of Aldermen. Meeting Date: April 4, 2016 Agenda Item #: 6 (C) Department/Ageney: J & B Disposal Subject Matter: Consideration of Proposed Rate Increase for J & B Disposal. Bonita Hamstra will present this. Information will be distributed at board meeting. Department Head’s Comments/Recommendation: N/A ‘Town Manager's Comments/Recommendation: Consideration Suggested Motion: If (favorable) Town Attorney will provide wording. Attachments! Yes __ No_X Action Taken:Agenda Item ~ Board of Aldermen. Meeting Date: April 4, 2016 Agenda Item #: 6 (D) Department/Agency: Taste of Scotland Subject Matter: Street Closing Request for Taste of Scotland. Doug Morton will present this item. Additional information will be provided. Department Head’s Comments/Recommendation: N/A Town Manager's Comments/Recommendation: Consideration Suggested Motion: If (favorable) to close Jotla Street for Taste of Scotland on Friday June 17, 2016 from 6:00 a.m. until 6:00 p.m. on Saturday June 18, 2016 and to close Main Street and Phillips Street on Saturday June 18, 2016 from 6:00 a.m. until 6:00 pam. Attachments: Yes: No_X Action Taken?Agenda Item — Board of Aldermen Meeting Date: April 4, 2016 Agenda Item #: 6 (E) Department/Ageney: Land Use Subject Matter: Set Public Hearing for Text Amendment Regarding Neighborhood Mixed Use Zoning. Land Use Administrator Justin Setser will present this item. Department Head’s Comments/Recommendation: The Town Planning Board voted to recommend denial. Town Manager's Comments/Recommendation: Consideration Suggested Motion: If (favorable) Town Attorney will provide wording Attachments: Yes X_ = No__ Action Taken:(Coun of Franklin Post Office Box 1479 Franklin, North Carolina 28744 (828) 524-2516 Application to Amend the Text Only of the Unified Development Ordinance ee Pera vip ces ke) Applicant: Shere Fer noon} CP ee address: Telephone: _32¢-37(-929 Po. Box Jos | 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 tile(s) ofthe section(s) to be amended (staff will assign numbersttiles for new sections) {52.032 (A) maxemum foot pra B. Explain the purpose or need for each proposed amendment(s). Use additional sheets, if necessary. ZB Re pe fan z SecTicuw 2,022 Lhe Lhoe Bp ec’ Att anses c. Recommended text for each proposed amendment(s). Use additional sheets, if necessary To change axonen foot prt 0 Maximum gross fbor area of 10000 $@ oT is application is true and accurate tothe best of my knowledge. [27-16 Date ‘Sigii@ture of ApplicantOffice Use Only Previous request for same amendment? {) Yes () No. Action: Date: Application Received By: Date: PLANNING BOARD RECOMMENDATION: Aperoved [] Deriea vow TD eae ry ‘Town Board to Schedule a 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 between 10 and 26 days before hearing, PUBLIC HEARING DATE: BOARD OF ALDERMEN RECONMENDATION: Aporoved [_] 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 expedient to adopt certain amendments to the unified ‘Town of Franklin, and has considered adoption of the si public hearing, Franklin that: Section 1. §152.032 of the Unified Develo} &e the following definition, to read as ‘olgas family residenes Section 3. Except Me herein, §152.032 of the Unified Development Ordinance shall remain in full force and effect as previously enacted. Section 4, This 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 5. This 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; 00029580.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___day of seconded by Alderman approved by avote of ___in favor and___against. 1016, upon motion by Alderman and having been ATTEST: Chad Simons, Clerk {CS: 00029580.D0C}Planning Board Recommendations Town of Franklin March 21, 2016 Findings ‘Applicant ~ Shane Farnum/CYFC * Original application was submitted on January 27, 2016 ‘© Applicant is requesting to change 152.032(A) Maximum Footprint allowed from 5,000 square ft. to Maximum Gross Floor Area of 10,000 square feet. ‘* The NMU district is the only district in the UDO that restricts building size by footprint. ‘© Other considerations are minimum parcel sizes. Currently the size are 8,000 square ft. and 112,000 square ft. C-2 Commercial for example is allowed 30,000 sq.ft. gross floor area and has the minimum parcel sizes. 1. The proposal will place all property similarly situated in the area in the same category, or in appropriate complimentary categories, No. The footprint is too large for Neighborhood Mix Use pursuant to 152.163(A) of the UDO, 2, There is convincing demonstration that all uses permitted under the proposed district classification would be in the general public interest and not merely in the interest of an Individual or small group. No, if accepted this would benefit the youth center and not the entire town. 3. There is convincing demonstration that all uses permitted under the proposed district Classification would be appropriate in the area included in the proposed change. No, While the Use may be appropriate in NMU, it does not currently it into the UDO and would need to go through special use permit process. 4, There is convincing demonstration that the character of any neighborhood will not be materially and adversely affected by any use permitted in the proposed change. No. A 10,000 gross floor area could adversely impact the town 5. The proposed change is in accord with the principles of growth, sound planning principles and any applicable small area plan. No. Changing the text to allow 10,000 gross floor area would violate the UDO, and potentially cause problems as it would change the entire text and allow the change throughout the entire NMU district.Agenda Item — Board of Aldermen Meeting Date: April 4, 2016 Agenda Item #: 6 (F) Department/Agency: Land Use Subject Matter: Recommendation to the Macon County Board of Commissioners to Re-Appoint Dave Jones to the Town of Franklin Planning Board as the ETJ Representative. 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 recommend to the Macon County Board of Commissioner to re-appoint Dave Jones to the Town of Franklin Planning Board as the ETJ representative for a three (3) year term beginning April 4, 2016 and ending April 4, 2018. Attachments: Yes_X_ No__ Action Taken:Date: March 30, 2016 To: Mayor Bob Scott Town Board of Alderman From: Justin Setser, Land Use Administrator Subject: Dave Jones Reappointment to Town of Franklin Planning Board ———— eee EE Mr. Jones term has expired back on February 12, 2016. Mr. Jones would like to continue to serve as an ET representative on the Town of Franklin Planning Board and Board of Adjustment for Macon County. The Planning Board voted at their March 21, 2016 meeting to recommend Mr. Jones for reappointment, This would be a three year term from April 4, 2016 and expiring on April 4, 2018, Mr, Jones will also have to be reappointed by the Macon County Commissioners as well.Agenda Item — Board of Aldermen Meeting Date: April 4, 2016 Agenda Item #: 6 (@) Department/Ageney: Land Use Subject Matter: Forward Proposed Flood Ordinance to Town Planning Board. Land ‘Use Administrator Justin Setser and Town Attorney John Henning Jr will present this item. Department Head’s Comments/Recommendation: N/A ‘Town Manager's Comments/Recommendation: Approval Suggested Motion: If (favorable) to forward proposed flood ordinance to Town Planning Board. Attachments: Yes_X_ No__ Action Taken‘FLOOD DAMAGE PREVENTION ORDINANCE FOR THE TOWN OF FRANKLI ARTICLE1. STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES, SECTIONA. STATUTORY AUTHORIZATION, ‘The Legislature of the State of North Caroline has in Part 6, Article 21 of Chapter 143; Parts 3, 5, and 8 of Article 19 of Chapter 160A; and Article 8 of Chapter 160A of the North Carolina General Statutes, delegated to local governmental units the responsibilty to adopt regulations designed to promote the public health, safety, and general welfare. ‘Therefore, the Board of Aldermen of the Town of Franklin, North Carolina, does ordain as follows: SECTION B. FINDINGS OF FACT. (1) The flood prone areas within the jurisdiction of the Town of Franklin are subject to periodic inundation which results in loss of lite, property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures of flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. @) These flood losses are caused by the cumulative effec of obstructions in floodplains causing inereases in flood heights and velocities and by the occupancy in flood prone areas of uses vulnerable to floods or other hazards SECTION, STATEMENT OF PURPOSE, It is the purpose of this ordinance to promote public health, safety, and general welfere and to minimize public and private Josses due to flood conditions within flood prone areas by provisions designed to: (1) restrict or prohibit uses that are dangerous to health, safet in damaging increases in erosion, flood heights or velocities; and property due to water or erosion hazards or that result, (2) require that uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of inital construction; (3) control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the ‘accommodation of floodwaters; (4) contro! filling, grading, dredging, and all other development that may increase erosion or flood damage; and (3) prevent or regulate the construction of flood barriers that will unnaturally divert flood waters or which may increase flood hazards to other lands. SECTIOND. OBJECTIVES, The objectives ofthis ordinance are to: (1) protect human life, sat, and health (2) minimize expenditure of public money for costly Mood contra projects; @) minimize the need for rescue and relief efforts associsted with flooding and generally undertaken at the expense of the general public; (4) minimize prolonged business losses and interruptions; {CS: 00034152,D0CX}1(8) minimize damage to public facilities and wilties (ie, water and gas mains, electric, telephone, cable and sewer lit streets, and bridges) that are located in flood prone areas; (©) help maintain a stable tax base by providing for the sound use and development of flood prone areas; and (7) ensure that potential buyers are aware that property isin @ Special Flood Hazard Arca, ARTICLE2, DEFINITIONS. Unless specifically defined below, words or phrases used inthis ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application, “Accessory Structure (Appurtenant Structure)” means a structure located on the same parce! of property as the principal stractare and the use of which is incidental to the use of the principal stature. Garages, carports and starage sheds are common urban accessory structures. Pole barns, hay sheds and the like qualify as accessory structures on farms, and may or may not be located on the same parcel asthe farm dwelling or shop bul “Addition (o an existing building)” means an extension or inerease in the floor area or height of a building or structuro, “Appeal” means a request for a review of the Floodplain Administrator's interpretation of any provision of this ordinance. “Area of Shallow Flooding” means a designated Zone AO on a community's Flood Insurance Rate Map (FIRM) with base flood depths determined to be from one (1) to three (3) feet, These areas are located where a clearly defined channel does not cexist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident, “Area of Special Flood Hazard” see “Special Flood Hazard Area (SFHA)” “Base Flood” means the flood having a one (1) percent chance of being equaled or exceeded in any given year, “Base Flood Elevation (BEEY” means a determination of the water surface elevations of the base flood as published in the Flood Insurance Study. When the BFE has not been provided in a “Special Flood Hazard Area’, it may be obtained from ‘engineering studies available from a Federal, State, or other source using FEMA approved engineering methodologies. This elevation, when combined with the "Freeboard”, establishes the “Regulatory Flood Protection Elevation”. “Basement” means any area of the building having its floor subgrade (below ground evel) on all sides. “Building” see “Structure”. “Chemical Storage Facility” means a building, portion of a building, or exterior area adjacent to a building used for the storage of any chemical or chemically reactive products “Development” means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. “Deilepmeat Activ” means any ativiy defined as Development which wil necessiate a Flodplain Development Permit. : “Disposal” means, as defined in NCGS 130A-290(a)(6), the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so thatthe solid waste or any constituent part of the solid waste may ‘enter the environment or be emitted into the air or discharged into any waters, including groundwater. “Elevated Building” means a non-basement building which has its lowest elevated floor raised above ground level by ‘foundation walls, shear walls, posts, piers, pilings, or columns ““Bneroachment” means the advance or infringement of uses, fl, excavation, buildings, structures or development into a ‘loodplai, which may impede or alter the flow capacity ofa floodplain “Existing Manufactured Home Park or Manufactured Home Subdivision” means a manufactured home park or subdivision {CS: 00034152,D0Cx}2for which the construction of facilities for servicing the ots on which the manufactured homes are tobe affixed (including, at ‘minimum, the instllation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed before December 6, 1971, the initial effective date ofthe floodplain management regulations adopted by the comminity. “Elood” or “Flooding” means a general and temporary condition of patil or complete inundation of normally dry land areas from: ) the overflow of inland or tidal waters; and/or @) the unusual and rapid accumulation or runoff of surface waters from any source. “Flood Boundary and Floodway Map (FBFMY" means an official map of a community, issued by the Federal Emergency Management Agency, on which the Special Flood Hazard Areas and the floodways are delineated. ‘This official map is @ supplement to and shall be used in conjunction with the Flood Insurance Rate Map (FIRM). “Flood Hazard Boundary Mep (FHBM)" means an official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the Special Flood Hlazard Areas have been defined as Zone A. “Flood Insurance” means the insurance coverage provided under the National Flood Insurance Program, “Flood Insurance Rate Map (FIRM)" means an official map of a community, issued by the Federal Emergency Management ‘Agency, on which both the Special Flood Hazard Areas and the risk premium zones applicable to the community are delineated, “Flood Insurance Study (EIS)" means an examination, evaluation, and determination of flood hazards, corresponding water surface elevations (if appropriate), flood hazard risk zones, and other flood data in a community issued by the Federal Emergency Management Agency. ‘The Flood Insurance Study report includes Flood Insurance Rate, Maps (FIRMs) and Flood Boundary and Floodway Meps (FBFMS), ifpublished. “Flood Prone Area” see “Floodplain” “Elood Zone” means a geographical area shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map that reflects the severity or type of flooding in the area. “Floodplain” means any land area susceptible to being inundated by water from any source, “Floodplain Administrator” isthe individual appointed to administer and enforce the floodplain management regulations, “Floodplain Development Permit” means any type of permit that is required in conformance with the provisions of this ‘ordinance, prior to the commencement of any development activity “Eloodplsin Management” means the operation of an overall program of corrective and preventive measures for reducing ‘ood damage and preserving and enhancing, where posible, natura resoures in the floodpain, including, but not limited to, emergency proparedness plans, lood control works, loodplain management regulations, and open space plans “Floodolain Management Regulations” means this ordinance and other zoning ordinances, su regulations, buldi codes, health regulations, special purpose ordinances, and other applications of police power. This term deseribes Federal, State or local regulations, in any combination thereof, which provide standards for preventing and reducing flood loss and damage. “Floodproofing” means any combination of structural and nonstructural additions, changes, or adjustments to structures hich reduce or eliminate flood damage to real estate or improved real property, water and senitation facilities, structures, and their contents. “Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot as shown on the Flood Insurance Rete Map. “Floodway encroachment analysis” means an engineering analysis of the impact a proposed encroachment into a floodway or non-encroschment area is expected to have on the floodway boundaries, base flood elevations, and floodway surcharge (CS: 00034152.D0Cx}3levations, ‘The evaluation shall be prepared by @ qualified North Carolina licensed engineer using standard engineering ‘methods and models, “Erechoard” means the height added tothe Base Flood Blevation (BFE) to account for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave blockage of bridge openings, and the hydrological effect of urbanization of the watershed. The Base Flood Elevation (BFE) plus the freeboard establishes the “Regulatory Flood Protection Elevation”. ““Eunetionally Dependent Facility” means a facility which cannot be used for its intended purpose unless it is located in close proximity to water, limited to a docking ot port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, or ship repair, The term does not include long-term storage, manufacture, sales, or service facilities. “Hazardous Waste Management Facility” means, as defined in NCGS 130A, Article 9, a facility forthe collection, storage, processing, treatment, recycling, recovery, or disposal of hazardous waste, “Highest Adjacent Grade (HAGY" means the highest natural elevation of the ground surface, prior to construction, immediately next to the proposed walls of the structure. “Historic Structure” means any structure that is: (@ listed individually in the National Register of Historie Places (a listing maintained by the US Department of Interior) or preliminarily determined by the Secretary of Interior as meeting the requirements for individual listing on the National Register; (©) certified or preliminarily determined by the Secretary of Interior as contributing tothe historical significance of a registered historic district or e district preliminarily determined by the Secretary to qualify as a registered historic district; (© individually listed on a local inventory of historic landmarks in communities with a “Cesified Local Government (CLG) Program”; or @ — eentfied as contributing to the historical si *Cortified Local Government (CLG) Program’ ificance of a historic district designated by a community with a Certified Local Government (CLG) Programs are approved by the US Department of the Interior in cooperation with the North Carolina Department of Cultural Resources through the State Historic Preservation Orficer as having met the requirements ofthe National Historic Preservation Act of 1966 as amended in 1980. “Letter of Map Change (LOMC)” means an official determination issued by FEMA that amends or revises an effective Flood Insurance Reto Map oF Flood insurance Study. Letters of Map Change include: (@) Letter of Map Amendment (LOMA): An amendment based on technical data showing that a property wes incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in @ special flood hazard area (b) Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features, (©) Letter of Map Revision Based on Fill (LOMR-F): A determination that « structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area, In onder to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations. (@ Conditional Letter of Map Revision (CLOMR): A formal review end comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect {o delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map ‘or Flood Insurance Study; upon submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM, “Lowest Adigcent Grade (LAG)" means the elovation of the ground, sidewalk or patio slab immediately next tothe building, ‘or deck support, after completion of the building, “Lowest Floor” means the lowest floor of the lowest enclosed area (including basement). An unfinished o flood resistant {€8:00034152.D0Cx}4enclosure, usable solely for parking of vehicles, building access, or limited storage in an area other than a basement area is, ‘ot considered a building's lowest floor, provided that such an enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this ordinance. “Manufactured Home” means a structure, transportable in one or more sections, which is built on @ permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term “manufactured home” does not include a “recreational vehicle” “Manufactured Home Park or Subdivision” means a parcel (or contiguous parcels) of land divided into two or more ‘manufactured home lots for rent or sae. “Market Value" means the building value, not including the land value and that of any accessory structures or other improvements onthe lot, Market value may be established by independent certified epprasal; replacement cost deprecated for age of building and quality of construction (Actual Cash Value); or adjusted tax assessed values. “Mean Sea Level” means, for purposes of this ordinance, the National Geodetic Vertical Datum (NGVD) as corrected in 1929, the North American Vertical Datum (NAVD) as corrected in 1988, or other vertical control datum used as a reference for establishing varying elevations within the floodplain, to which Base Flood Elevations (BFEs) shown on a FIRM are referenced. Refer to each FIRM panel to determine datum used. “New Construction” means structures for which the “start of construction” commenced on or after the effective date of the initial loodplain management regulations and includes any subsequent improvements to such structures, “‘Non-Encroachment Area” means the chennel of @ river or other watercourse and the adjacent fand areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more then one (1) foot as designated in the Flood Insurance Study report. “Post-FIRM” means construction or other development for which the “start of construction” occurred on or after the effective date ofthe initial Flood Insurance Rate Map, “ permitted uses may be limited to parking, building, Certification Requirements, @ Elevation Certificates (@ An Elevation Certificate (FEMA Form 086-0-33 (7/12) is required prior tothe actual start of any new construction. It shall be the duty of the permit holder to submit to the Floodplain Administrator & cextification of the elevation of the reference level, in relation to mean sea level. The Floodplain ‘Adiinstator shall review the certfcate data submited, Deficiencies detected by such review shall be corrected by the permit holder prior to the beginning of construction. Failure to submit the certification or failure to make required corrections shal! be cause to deny a floodplain development permit. Gi) An Elevation Certificate (FEMA Form 086-0-33 (7/12)) is requi after the reference level is {CS: 00034152,.D0CX}9o &) © @ © ‘established, Within seven (7) calendar days of establishment of the reference level elevation, it shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the elevation of the reference level, in relation to mean sea level. Any work done within the seven (7) day calendar period and prior to submission of the certification shall be at the permit holder's risk. The Floodplain ‘Administrator shall review the certificate date submitted. Deficiencies detected by such review shall be ‘corrected by the permit holder immediately and prior to further work being permitted to proceed. Failure to submit the certification or failure to make required corrections shall be cause to issue a stop-work ‘order for the project. (Gil) A final as-built Elevation Certificate (FEMA Form 086-0-33 (7/12)) is requited after construction is ‘completed and prior to Certficele of Complianee/Occupancy issuance. It shall be the duty of the permit, holder to submit to the Floodplain Administrator a certification of final as-built construction of the ‘elevation of the reference level and all attendant utilities. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to Certificate of Compliance/Oceupancy issuance. In some instances, another certification may be required to certify corrected as-built construction. Feilure to submit the certification ‘or failure to make required corrections shall be cause to withhold the issuance of a Certificate of ‘Compliance/Occupancy. Floodproofing Certificate If non-residential floodproofing is used to meet the Regulatory Flood Protection Elevation requirements, a Floodproofing Certificate (FEMA Form 086-0-34 (7/12)), with supporting data, an operational plan, and an inspection and maintenance plan are required prior to the actual start of any new construction. It shall be the ‘duty of the permit holder to submit to the Floodplain Administrator a certification of the floodproofed design elevation of the reference level and all attendant utilities, in relation to mean sea level. Floodproofing certification shall be prepared by or under the direct supervision of a professional engineer or architect and ‘certified by same. The Floodplain Administrator shall review the certificate data, the operational plan, and the ‘inspection and maintenance plan. Deficiencies detected by such review shall be corrected by the applicant prior ‘to permit approval. Failure to submit the certification or failure to make required corrections shall be cause to deny @ Floodplain Development Permit. Failure to construct in accordance with the certified design shall be ‘cause to withhold the issuance of a Certificate of Compliance/Occupancy. Ifa manufactured home is placed within Zone A, AO, AE, or Al-30 and the elevation of the chassis is more ‘than 36 inches in height ebove grade, an engineered foundation certification is required in accordance with the provisions of Article 5, Section B(3)(b). Ifa watercourse isto be altered or relocated, a description of the extent of watercourse alteration or relocation; a professional enginzer’s certified report on the effects ofthe proposed project on the flood-cerrying capacity of the watercourse and the effects to properties located both upstream and downstream; and a map showing the Focation ofthe proposed watercourse alteration or relocation shall all be submitted by the permit applicant prior to issuance ofa floodplain development permit Certification exemptions. The following structures, if located within Zone A, AO, AE of Al-30, are exempt fiom the elevation/floodproofing certification requirements specified in items (a) and (b) of this subsection: (H recreational vehicles meeting requirements of Article 5, Section 5(6)(a); Gi) temporary structures meeting requirements of Article 3, Sestion B(7); and ii) accessory structures less than 150 square feet mocting requirements of Article 5, Section BS). Determinations for existing buildings and structures, For applications for building permits to improve buildings ‘and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, ‘ehabilitations, renovations, suostantia improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination withthe Building Official, shall: @ Estimate the market value, oF require the applicant to obtain an appraisal of the market value prepared by a {CS: 00034152,D0CX} 10qualified independent appraiser, of the building or structure before the start of eonstruction of the proposed work; in the ease of repair, the market value ofthe building or sructue shall be the market value before the dlamage occured and before any repairs are made; (©) Compare the cost to perform the improvement, the cost to repair a damaged building to its pre-damaged ‘condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building orstructure; (© Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; and @ Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the NC Building Code and this ordinance is required, SECTION. DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR. ‘The Floodplain Adininistrator shall perform, but not be wo Q @ o ®) o (10) ay mited to, the following duties: Review all floodplain development applications and issue permits for all proposed development within Special Flood Hazard Areas to assure that the requirements of this ordinance have been satisfied. Review all proposed development within Special Flood Hazard Areas to assure that all necessary Local, State and Federal permits have been received, including Section 404 ofthe Federal Water Polltion Control Act Amendments of 1972, 33 US.C. 1334. Notify adjacent communities and the North Carolina Department of Public Safety, Division of Emergency ‘Management, State Ci tor for the National Flood Insurance Program prior to any alteration or relocation of a ‘watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA). watercourse so that the flood- ‘Assure that maintenance is provided within the altered or relocated portion of | carrying capacity is maintained, Prevent encroachments into floodway’s and non-eneroachment areas unless the certification and flood hazard reduction provisions of Article 5, Section F are met. Obtain actual elevation (in relation to mean sea level) of the reference level (including baseaent) and all attendant utilities ofall new and substantially improved structures, in accordance with the provisions of Article 4, Section B(3). Obtain actual elevation (in relation to mean sea level) to which all new and substantially improved structures and utilities have been floadproofed, in accordance with the provisions of Aricle 4, Section B(3). Obtain actual elevation (in relation to mean sea level) ofall public utilities in accordance with the provisions of Article 4, Section B(3). When floodproofing is utilized for a particular structure, obtain certifications from a registered professional engineer ‘or architect in accordance with the provisions of Article 4, Section BG) and Article S, Section BQ). ‘Where interpretation is needed as to the exact location of boundaries of the Special Flood Hazard Areas, loodways, or nnon-encroachment areas (for example, where there appears to be a conflict between @ mapped boundary and actual field conditions), make the necessary interpretation, The person contesting the location of the boundary shall be given. 1 reasonable opportunity to appeal the interpretation as provided in this article, ‘When Base Flood Elevation (BFE) data has not been provided in accordance with the provisions of Article 3, Section B, obiain, review, and reasonably utilize any BFE deta, along with floodway or non-eneroachment area data available from 2 Federal, State, or other source, including data developed pursuant to Article 5, Section D(2)(b), in order to administer the provisions of this ordinance. (CS: 00034152.D0CX}11a2) 3) a4) as) 3) an (us) co) 20) 2) (22) ‘When Base Flood Blevation (BFE) data is provided but no floodway or non-encroachment area data has been provided. in accordance with the provisions of Article 3, Section B, obtain, review, and reasonably utilize any floodway data or non-eneroachment arca data available from a Federal, State, or other source in order to administer the provisions of this ordinance. When the lowest floor and the lowest adjacent grade of a structure or the lowest ground elevation of a parel in a Special Flood Hazard Area is above the Base Flood Plevation (BFE), advise the property owner of te option to apply for a Leiter of Map Amendment (LOMA) from FEMA. Maintain a copy of the LOMA issued by FEMA in the floodplain development permit file. Permanently maintain all records that pertain to the administration of this ordinance and make these records available {for public inspection, recognizing that such information may be subject ta the Privacy Act of 1974, as amended. Make on-site inspections of work in progress. As the work pursuant to a floodplain development permit progresses, the Floodplain Administrator shall make as many inspections ofthe work as may be necessary to ensure thatthe work. is being done according to the provisions ofthe local ordinance and the terms of the permit. In exercising this power, the Floodplain Administrator hes @ right, upon presentation of proper credentials, to enter on any premises within the jurisdiction of the community at any reasonable our for the purposes of inspection or other enforcement action Issue stop-work ordors as required. Whenever a building or part thereof is being constructed, reconstructed, altered, of repaired in violation of this ordinance, the Floodplain Administrator may order the work to be immediately stopped. ‘The stop-work order shall be in writing and directed to the person doing or in charge of the work. The stop-work ‘order shall siete the specific work to be stopped, the specific reeson(s) for the stoppage, and the condition(s) under ‘hich the work may be resumed, Violation ofa stop-work order constitutes a misdemeanor. Rovoke floodplain development permits as required. The Floodplain Administrator mey revoke and require the return of the floodplain development permit by notifying the permit holder in writing stating the reason(s) forthe revocation. Permits shall be revoked for any substantial departure from the approved application, plans, anc specifications; for refusal or failure to comply with the requirements of State or local laws; or for false statements or misrepresentations rade in securing the permit, Any floodplain development permit mistakenly issued in violation of an applicable State or local law may also be revoked. Make periodic inspections throughout the Special Flood Hazard Areas within the jurisdiction of the community. The Floodplain Administrator and cach member of his or her inspections department shall have a right, upon presentation of proper credentials, o enter on any premises within the territorial jurisdiction of the department at any reasonable hour for the purposes of inspection or other enforcement action, Follow through with corrective procedures of Article 4, Section D. Review, provide input, and make recommendations for variance requests. Maintain a current map repository to include, but not limited to, the FIS Report, FIRM and other official flood maps and studies adopted in accordance with the provisions of Article 3, Section B of this ordinance, including any revisions thereto including Letters of Map Change, issued by FEMA. Notify State and FEMA of mapping needs. Coordinate revisions to FIS reports and FIRMS, including Letters of Map Revision Based on Fill (LOMR-Fs) and Letters of Map Revision (LOMRS). SECTIOND. CORRECTIVE PROCEDURES. a @ Violations to be Corrected: When the Floodplain Administrator finds violations of applicable State and local las, shall be his or her duty to notify the owner or occupant of the building of the violation. ‘The owner or occupant shall immediately remedy each of the violations of law cited in such notification. ‘Actions in Event of Failure to Take Corrective Action: Ifthe owner of «building or property shall fil to take prompt corrective action, the Floodplain Administrator shall give the owner written notice, by certified or registered mail o the owner's last known adress or by personal servic, stating: (CS: 00034152.D0CX}12@ O} 6 (@) that the building or property is in violation of the floodplain management regulations; (©) thata hearing will be beld before the Floodplain Administrator at a designated place and time, not later than ten (10) days after the date of the notice, at which time the owner shall be entitled to be heard in petson ot by counsel end to present arguments and evidence pertaining tothe matter, and (©) that following the hearing, the Floodplain Administrator may issue an order to alter, vacate, or demolish the building; or to remove fill as applicable. Order to Take Corrective Action: 1f, upon a hearing held pursuant to the notice prescribed above, the Floodplain ‘Administrator shall find that the building or development is in violation of the Flood Damage Prevention Ordinance, he or she shal issue an order in writing to the owner, requiring the owner to remedy the violation within a specified time period, not less than sixty (60) calendar days, nor more than 180 calendar days, Where the Floodplain ‘Administrator finds that there is imminent danger to life or other property, he or she may order that corrective action be taken in such lesser period as may be feasible. Appeal: Any owner who has received an order to tuke corrective action may appeal the order to the local elected governing body by giving notice of appeal in writing to the Floodplain Administrator and the clerk within ten (10) days following issuance ofthe firal order. In the absence of an appeal, the order ofthe Floodplain Administrator shall be final. The local governing body shall hear an appeal within ¢reasoneble time and may affirm, modify and afin, or revoke the order. Failure to Comply with Order: If the owner of a building or property fails to comply with an order to take corrective action for which no appeal has been made or fails to comply with an order of the governing body following un appeal, the owner shall be guilty of a misdemeanor and shall be punished at the diseretion of the court, SECTIONE, VARIANCE PROCEDURES. a 2 @ o ‘The Zoning Bead OF AChMaiaiont W estbislied By he Board of Atdeinien Tor Wie Town of Fianklin-hereinattee referred to as the “appea! board”, shall hear aud decide requests for variances from the requirements of this omdinance, = Add to ZBA bylaws? [Any person aggrieved by the decision of the appeal board may appeal such decision to the Court, as provided in ‘Chapter 7A of the North Carolina General Statutes. Variances may be issued for: (@) the repair or rehabilitetion of historic structures upon the determination thatthe proposed repair or rehabilitation ‘will not preclude the structure's continued designation as a historic structure and that the variance is the minimum necessary to preserve the historic character and design ofthe structure; (©) functionally dependent f if determined to meet the definition as stated in Article 2 of this ordinance, provided provisions of Article 4, Section E(9)(b), (c), and (¢) have been satisfied, and such facilites are protected by methods that minimize flood damages during the base flood and create no additional threats t0 public safety; or (©) any other type of development, provided it meets the requirements of this Section. Tn passing upon variances, the appeal board shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this ordinance, and: (@) the danger that materials may be swept onto other lands to the injury of others; (b) the danger to life and property due to flooding or erosion damage; ©) the susceptibility of the proposed ferility and its contents to flood damaye and the effect of such damage on the individual owners {CS: 00084152.D0CX}13® © a ®) @ (io) (@ the importance of the services provided by the proposed facility to the community; (©) the necessity to the facility of a waterfront location as defined under Article 2 ofthis ordinance as a functionally dependent facility, where applicable; (the availabilty of alternative locations, nt subject to flooding or erosion damage, forthe proposed use; (2) _ the compatibility of the proposed use with existing and anticipated development; (t) the relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (the safety of access to the property in times of flood for ordinary and emergency vehicles; the expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and (&) the costs of providing govemmental services during and alter flood conditions including maintenance and ‘epnir of public utilities and facilites such as sewer, gas, electrical and water systems, and streets and bridges, Avwritten report addressing each of the above factors shall bo submitted with the application for a variance. Upon consideration of the factors listed above and the purposes of this ordinance, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purposes and objectives of this ordinance, Any epplicent to whom a variance is granted shall be given written notice specifying the difference between the Base Flood Elevation (BFE) and the elevation to which the structure is to be built and that such construction below the BFF increases risks to life end property, and that the issuance ofa variance to construct a structure below the BFE will result in inereased premium rates for flood insurance up to $25 per $100 of insurance coverage. Such notification shall be maintained with a record of all variance actions, including justification for their issuance, ‘The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Federal Bmergeney Management Agency and the State of North Carolina upon request, Conditions for Variances: () Variances shall not be issued when the variance witl make the structure in violation of other Federal, State, ot local laws, regulations, or ordinances, (©) Variances shall not be issued within any designated floodway or non-encroachment area if the variance would result in any inerease in flood levels during the base flood discharge. (©) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. © _ Variances shall only be issued prior to development permit approval, (© Variances shall only be issued upon: (Da showing of good and sufficient cause; 2 determination that failure to grant the variance would result in exceptional hardship; and (ii) a determinetion that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create nisance, cause fraud on or vietimization ‘of the public, or conflict with existing local laws oF ordinances. ‘A variance may be issued for solid waste disposal fciities or sites, hazardous waste management facilities, salvage yards, and chemical storage facilities that are located in Special Flood Hazard Areas proviced that all of the following {CS: 00034152.DOCX} 14conditions ere met. (@) The use serves a critical need in the community (b) No feasible location exists for the use outside the Special Flood Hazard Area. (©) The reference level of any structure is elevated or floodproofed to at least the Regulatory Flood Protection Elevation (4) ‘The use complies with all other applicable Federal, State and local laws. (©) The Town of Franklin has notified the Secretary of the North Carolina Department of Public Safety ofits intention to grant a variance at least thirty (30) calendar days prior to granting the variance ARTICLES. _ PROVISIONS FOR FLOOD HAZARD REDUCTION. SECTION A. GENERAL STANDARDS, Inall Special Flood Hazard Areas the following provisions are required: (1) All new construction and substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse, and lateral movement of the structure, (2) Allnew construction and substantial improvements shall be constructed with materials and utility equipment resistant — to flood damage. flood (3) All:new construct amazes. ‘and substantial improvements shall be constructed by methods and practices that mini (4) Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or loceted so as to prevent water fiom entering or accumulating within the components during conditions of flooding to the Regulatory Flood Protection Elevation, These include, but are not limited to, HVAC equipment, water softener units, bath/kitchen fixtures, ductwork, electrie/gas meter panelsboxes, utilty/cable boxes, hot water heaters, and electric outlets/switches, (5) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters ino the system. (6) New and replacement sanitary sewage systems shall be designed 10 minimize or eliminate infiltration of floodwaters ino the systems and discharges from the systems into flood waters, (D) On-site waste disposal systems shall be located and constructed to avoid impairment to thom or contaminetion from them during flooding, (8) Any alteration, repair, reconstruction, or improvements to a structure, which is in compliance with the provisions of this ordinance, shall meet the requirements of “new construction” as contained in this ordinance. (9) Nothing in this ordinance shall prevent the repair, reconstruction, or replacement of a building or structure existing on the effective date of this ordinance and located totally or partially within the floodway, non-encroschment area, or stream sethack, provided there is no additional encroachment below the Regulatory Flood Protection Blevation in the floodway, non-encroachment area, or stream setback, and provided that such repair, reconstruction, or replacement meets all ofthe other requirements of this ordinance {CS: 00034152,D00X}15(10) New solid waste disposal facilites and sites, hazardous waste management facilities, salvage yards, and chemical storage facilities shall not be permitted, except by variance as specified in Article 4, Section E(10). A structure or tank for chemical or fuel storage incidental to an allowed use or to the operation of a water treatment plant or wastewater treatment facility may be located in a Special Flood Hazard Area only if the structure or tank is either elevated or floodproofed to at least the Regulatory Flood Protection Elevation and certified in accordance with the provisions of Article 4, Section BG). (11) All subdivision proposals and other development proposals shall be consistent with the need to minimize flood damage. (12) All subdivision proposals and other development proposals shall have public utilities and facilites such as sewer, gs, electrical, and water systems located and constructed to minimize flood damage. (13) All subdivision proposals and other development proposals shall have adequate drainage provided to reduce exposure to flood hazards, (14) All subdivision proposals and other development proposals shall have received all necessary permits from those governmental agencies for witich approval is required by Federal or State law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334, (13) When a structure is pataly located in a Special Flood Hazard Area, the entice structure shall meet the requirements for new construction and substantial improvements. located in multiple flood hazard zones or in a flood hazard risk zone with multiple base flood (16) When a structure ions for the more restrietive flood hazard risk zone and the highest Base Flood Elevation (BFE) elevations, the pro shall apply. SECTIONB. SPECIFIC STANDARDS. In all Special Flood Hazard Areas where Base Flood Elevation (BFE) data has been provided, as set forth in Article 3, Section B, or Anicle 5, Section D, the following provisions, in addition to the provisions of Article 5, Section A, are required: (1) Residential Construction, New construction and substantial improvement of any residential structure (including. manufactured homes) shall have the reference level, including basement, elevated no lower than the Regulatory Flood Protection Elevation, as defined in Article 2 of this ordinance. @) Non-Residential Construction. New construction and substantial improvement of any commercial, industrial, or other non-residential structure shall have the reference level, including basement, elevated no lower than the Regulatory Flood Protection Elevation, as defined in Article 2 ofthis ordinance, ‘Structures located in A, AE, AO, and Al-30 Zones may be floodproofed to the Regulatory Flood Protection Elevation in lieu of elevation provided that all areas of the structure, together with attendant utility and sanitary facilities, below the Regulatory Flood Protection Elevation are watertight with walls substantially impermeable to the passage of water, using structural components having the capability of resisting hydrostatic and hydrodynamic Joads and the effect of buoyancy. For AO Zones, the floodproofing elevation shall be in accordance with Article 5, Section GQ). A registered professional engineer or architect shall certify that the loodproofing standerds of this subsection are satisfied. Such certification shall be provided to the Floodplain Administrator as set forth in Article 4, Section B(3), along with the operational plan and the inspection and maintenance plan, @) Manufactured Homes. (@) New and replacement manufactured homes shall be elevated so that the reference level of the manufeetured home is no lower than the Regulatory Flood Protection Elevation, es defined in Article 2 of this ordinance. (©) Manufactured homes shall be securely anchored to aa adequately anchored foundation to resis flotation, collapse, and lateral movement, either by certified engineered foundation system, or in accordance with the most current edition of the State of North Carolina Regulations for Manufactured) Homes adopted by the ‘Commissioner of Insurance pursuant to NCGS 143-143.15. Additionelly, when the elevation would be met by an elevation of the chassis thirty-six (36) inches or less above the grade at the site, the chassis shall be {CS: 00034152,D0CX}16© @ supported by reinforced piers or engineered foundation. When the elevation of the chassis is above thirty-six (36) inches in height, an engineering certification is required. All enclosures or skirting below the lowest floor shall meet the requirements of Article 5, Section B(4). ‘An evacuation plan must be developed for evacuation of all residents of all new, substantially improved or ‘substantially damaged manufactured home parks or subdivisions located within flood prone areas. This plan shall be filed with and approved by the Floodplain Administrator and the local Emergency Management ‘Coordinator. (4) Elevated Buildings. Fully enclosed area, of new construction and substantially improved structures, which is below the lowest floor: @ ©) © Shall not be designed or used for human habitation, but shall only be used for parking of vehicles, building access, or Hitiiid Sioragaral maiii@naneSTeQuipmiglit used in connection with the premises, Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage ‘of maintenance equipment (standard exterior door), or entry to the living area (stairway or elevator). ‘The interior portion of such enclosed area shall not be finished or partitioned into seperate rooms, except to enclose storage areas; _[Nole:-Siotége “of-maliiehance dquipmione® = Yeby liniited; How. cet you repulaté'what is ddrally pleinitorage? Would iaterpret this pretty.libetally — veneralstorae okay) Shall be constructed entirely of flood resistant materials at Jeast to the Regulatory Flood Protection Elevation; and Stall include, in Zones A, AO, AE, and A1-30, flood openings to automatically equalize hydrostatic flood forces on walls by allowing forthe entry and exit of floodwaters. To meet this requirement, the openings must either be certified by a professionel engineer or architect or meet or exceed the following minimum design cciterin (a minimum of two flood openings on different sides of each enclosed area subject to flooding; (i) the total net area of all flood openings must be at least one (I) square inch for each square foot of ‘enclosed area subject to flooding; Git) fa building has more than one enclosed area, each enclosed are must have flood openings to allow floodwaters to automatically enter and exit; iv) the bottom of all required flood openings shall be no higher than one (1) foot above the adjacent grade; (©) flood openings may be equipped with screens, louvers, or other coverings or devices, provided they permit the automatic flow of floodwaters in both directions; and (vi) enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and, therefore, do not require flood openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires flood openings as outlined above. (8) Aditions/Improvements, @ () Additions and/or improvements to pre-FIRM structures when the addition and/or improvements in combination with any interior modifications to the existing structure are: (not a substantial improvement, the addition and/or improvements must be designed to minimize flood ‘damages and must not be any more non-conforming than the existing structure, Gi substantial improvement, both the existing structure and the addition and/or improvements must ‘comply with the standards for new construction. Additions to post-FIRM structures that are a substantial improvement with no modifications to the existing structure other than a standard door in the common wall shall require ony the addition to comply with the {CS: 00034152,.D0CX}17© standards for new construction, (© Additions and/or improvements to post-FIRM structures when the addition and/or improvements in combination with any interior modifications to the existing structure are: () nota substantial improvement, the addi for new construction, on and/or improvements only must comply with the standards Gi) a substantial improvement, both the existing structure and the addition and/or improvements must ‘comply with the standards for new construction, (© Any combination of repair, evonstruction, rchabilitetion, addition or improvement ofa building or structure taking place during a three yeer period, the cumulative cost of which equals or exceeds 50 percent of the market value of the tructare before the improvement or repairs started mast comply with the standards for new construction. For each building or structure, the three year period begins on the date of the first improvement or repair of thet building or structure subsequent io the effective date of this ordnance. If the siructure has susiained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The requirement does not, however, include either: [Noie:no suggested ‘time par SSWould thik perhaps} years, a8 a stafuts of limitations-like per (® any project for improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to assume safe living conditions. (i) any alteration of @ historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure, Recreational Vehicles. Recreational vehicle shal either: (@) Temporary Placement @ be on site for fewer than 180 consecutive days; or (be fully licensed and ready for highway use (a recreational vehicle is ready for highway use i iis on ts wheels or jacking system, is attached to the site only by quick disconnect type utilities, and has no permanently sttached additions) (b) Permanent Placement. Recreational vehicles that do not meet the limitations of Temporary placement shall meet all the requirements for new construction. ‘Temporary Non-Residential Structures. Prior to the issuance of a floodplain development permit for a temporary Structure, the epplicant must submit to the Floodplain Administrator a plen forthe removal of such structures) in the event of a hurricane, flash flood or other type of flood waming notification. The following information shall be submitted in writing to the Floodplain Administrator for eview and written approval: (© _aspecified time period for which the temporary use will be permited. Time specified may not exceed three (3) ‘mouths, renewable up to one (1) year, (b) the name, address, and phone number ofthe individual responsible for the removal of the temporary structure; (©) _ the time frame prior to the event at which a structure will be removed (i.c., minimum of 72 hours before landfall ofa hurticane or immediately upon flood warning notification); {CS: 00034152,D0CX}18® o @ o 1 copy of the contract or other suitable instrument with the entity responsible for physical removal of the structure; and designation, accompanied by documentation, of « location outside the Special Flood Hazard Area, to which the temporary structure will be moved, ‘Accessory Structures. When accessory structures (sheds, detached garages, etc.) are to be placed within a Special Flood Hazard Area, the following eri @ © o @ © oO @ a shall be met: Accessory structures shall not be used for human habitation (including working, sleeping, living, cooking or restroom areas); Accessory structures shall not be temperature-controll Accessory structures shal be designed to have low flood damage potential; Accessory structures shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters; Accessory structures shall be firmly anchored in accordance with the provisions of Article 5, Section A(t); [All service facilities such as electrical shall be installed in accordance with the provisions of. AG@)jand le , Section Flood openings to facilitate automatic equalization of hydrostatic flood forces shall be provided below Regulatory Flood Protection Elevation in conformance with the provisions of Article 5, Section BC4XC).. ‘An accessory siructure with a footprint less than 150 square feet and satisfies the criteria outlined above is not required to.meet the elevation or floodproofing standards of Article 5, Section B (2). Elevation or floodproofing certifications are required for all other accessory structures in accordance with Article 4, Section B(3). ‘Tanks. When gas and liquid storage tanks are to be placed within a Special Flood Hazard Area, the following criteria ‘hall be met: @ O) © @ ‘Underground tanks. Underground tanks in flood fiazard areas shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effeets of buoyancy assuming the tank is empty; ‘Above-ground tanks, elevated. Above-ground tanks in flood hazard areas shall be attached to and elevated to or above the design flood elevation on a supporting structure that is designed to prevent flotation, collapse or lateral movement during conditions of the design flood. ‘Tank-supporting structures shall meet the foundation requirements ofthe applicable flood hazard area; ‘Above-ground tanks, not elevated. Above-ground tanks thet do not meet the elevation requirements of Section B Q) of this ordinance shall be permitted in flood hazard arees provided the tanks are anchored or otherwise designed and constructed to prevent flotation, collapse or lateral movement resulting fom hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty and the effects of flood-borne debris. ‘Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be: {ator above the design flood elevation or fitted with covers designed to prevent the inflow of floodwater or outflow ofthe contents ofthe tanks during condition ofthe design flood; and (i) anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions ofthe design flod. {CS: 00034152,D0CX} 19(10) Other Development. Prior to the issuance ofa floodplain development permit for a temporary structure, the applicant ‘ust submit to the Floodplain Administrator a plan for the removal of such structure(s) in the event of a hurricane, flash flood or other type of flood warning notification, The following information shall be submitted in writing to the Floodplain Administrator for review and written approval: (@) Fences in regulated floodways and NEASs that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of Article $, Section F of this ordinance, (b) Retaining walls, sidewalks and driveways in regulated loodways and NEAs, Retaining walls and sidewalks and driveways that involve the placement of fill in regulated floodways shall meet the limitations of Article 5, Section F of this ordinance (©) Roads and watercourse crossings in regulated floodways and NEAs. Roads and watercourse erossings, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel fiom one side of a watercourse to the other side, that encrozch into regulated floodways shall meet the limitations of Article 5, Section F of this ordinance. SECTIONC. RESERVED. SECTION D. STANDARDS FOR FLOODPLAINS WITHOUT ESTABLISHED BASE FLOOD ELEVATIONS. Within the Special Flood Hazard Areas designated as Approximste Zone A and established in Antcle 3, Section B, where no Base Flood Elevation (BFE) data has been provided by FEMA, the following provisions, in addition to the provisions of Article 5, Section A, shall apply: a @ No encroachments, including fill, new construction, substantial improvements or new development shall be permitted within a distance of twenty (20) feet each side from top of bank or five times the width of the stream, whichever is greater, unless certification with supporting technical data by 2 registered professional engineer is provided demonstrating that such encroachments shall not resuit in any increase in flood levels during the occurrence of the base flood discharge. ‘The BFE used in determining the Regulatory Flood Protection Elevation shall be determined based on the following criteria: @ When Base Flood Elevation (BFE) data is available trom other sources, all new construction and substantial {improvements within such areas shall also comply with all applicable provisions of this ordinanes and shall be clevated or floodproofed in accordance with standards in Article 5, Sections A and B, (©) When floodway or nonencroachment data is available from a Federal, State, or other source, all new construction and substantial improvements within floodway and non-eneroachment areas shall also comply with the requirements of Article 5, Sections B and F. (©) All subdivision, manufactured home park and other development proposals shall provide Base Flood Elevation (BFE) data if development is greater than five (5) acres or has more than fifty (50) lotsmani sites. Such Base Flood Elevation (BFE) data shall be adopted by reference in accordance Section B and utilized in implementing this ordinance. (@ When Base Flood Elevation (BFE) data is not available from a Federal, State, or other source as outlined above, the reference level shall be elevated or floodproofed (nonresidential) to or above the Regulatory Flood Protection Elevation, as defined in Article 2. All other applicable provisions of Article 3, Section B shall also apply. {CS: 00034152,D0Cx}20SECTIONE, STAND, VI DPLAINS WITH BASE FLOOD ELEVATIONS BUT WITHOUT ESTABLISHED FLOODWAYS OR NON-ENCROACHMENT AREAS. ‘Along rivers and streams where Base Flood Elevation (BFE) data is provided by FEMA or is available from another source but neither floodway nor non-encroachment areas are identified for a Special Flood Hazard Area on the FIRM or in the FIS report, the following requirements shall apply to all development within such areas: (1) Standards of Article 5, Sections A and B; and @) Until e regulatory floodway or non-encroachment area is designated, no encroachments, including fil, new construction, substantial improvements, or other development, shall be permitted unless certification with supporting technical data by a registered professional engincer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the ‘water surface elevation ofthe base flood more than one (1) foot at any point within the community SECTION ELOOI EN IT ARE, Areas designated as floodways or non-encroachment areas are located within the Special Flood Hazard Areas established in Article 3, Section B, The floodways and non-eneroachment areas are extremely hazardous areas due to the velocity of floodwaters that have erosion potential and carry debris and potential projectiles. The following provisions, in addition to standards outlined in Article 5, Sections A and B, shall apply to all development within such areas: (1) No encroachments, including fill, new construction, substantial improvements and other developments shell be permitted unless: (@ itis demonstrated thatthe proposed encroachment would not result in any increase inthe flood levels during the currence of the base flood, based on hydrologic and hydraulic analyses performed in accordance with standard engineering practice end presented to the Floodplain Administrator prior to issuance of floodplain development permit, ot (b) a Conditional Letter of Map Revision (CLOMR) has been approved by FEMA. A Letter of Map Revision (LOMR) must also be obtained within six months of completion of the proposed encroachment, @ _ If Article 5, Section F(1) is satisfied, all development shall comply with all applicable flood hazard reduetion provisions ofthis ordinance. @) Manufactured homes may be permitted provided the following provisions are met: (@ the anchoring and the elevation standards of Article 5, Section B(3); and (b) the encroachment standards of Article 5, Section F(1). SECTION G. STANDARDS FOR ARRAS OF SIIALLOW FLOODING (ZONE AO), In the event that any areas located within the Special Flood Hazard Areas established in Article 3, Section B, are designated 4s shallow flooding areas, the requirements of this section shall apply. These areas have speciel flood hazards associated with base flood depths of one (1) to three (3) feet where a clearly defined channel does not exist end where the path of flooding is unpredictable and indeterminate. In addition to Article 5, Sections A and B, all new construction and substantial improvements shall mect the following requirements: © Tere (ERK), i oan of highest adjacent wade 1fno depét- number 15-sp reconintentded where a depth is not provided. @) Non-residential structures may, in Tew of elevation, be loodproofed to the same level as required in Article 5, Section G({) so that the structure, together with attendant utility and sanitary facilites, below that level shall be watertight with ‘walls substantially impermeable to the passage of water and with structural components having the capability of fed, flis'a tibosrd of= = (feet, above the highst adjacent erade; or at least: (_2) fetabovethe of two (2) feet ts required and four (4) feet ts {CS: 00034152,D0CX}21resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Certification is required in accordance with Article 4, Section B(3) and Article 5, Section BQ). G) Adequate drainage paths shall be provided around structures on slopes, to guide floodwaters around and away from proposed structures. ARTICLE6, LEGAL STATUS PROVISIONS, SECTION A. _ EEFRCT ON RIGHTS AND LIABILITIES UNDER THE EXISTING FLOOD DAMAGE PREVENTION ORDINANCE. ‘This ordinance in part comes forward by re-enactment of some of the provisions of the Floodways Ordinance enacted on December 6, 1971, as amended, and it is not the intention to repeal but rather to re-enact and continue to enforce without interuption of such existing provisions, so that all rights and liabilities that have accrued thereunder are reserved and may be enforced. ‘The enactment of this ordinance shall not affect any action, suit or proceeding instituted or pending, All provisions of the Floodways Ordinance of the Town of Franklin enacted on December 6, 1971, as amended, which are not reenacted herein are repealed unless such provisions are more stringent than the requirements set forth in this ordinance, in which ease the more stringent provision shall control ‘The date ofthe initial Flood Damage Prevention Ordinance for Macon County is August 7, 2000. SECTION B. __ ERFECT UPON OUTSTANDING FLOODPLAIN DEVELOPMENT PERMITS, ‘Nothing herein contained shall require any change in the plans, construction, size, or designated use of any development or any part thereof for which a floodplain development permit bes been granted by the Floodplain Administrator or his or her authorized agents before the time of passage of this ordinance; provided, however, that when construction is not begun under such outstanding permit within a period of six (6) months subscquent to the date of issuance of tie outstanding permit, ‘onstruction or use shell be in conformity with the provisions of this ordinance. SECTIONC. SEVERABILITY. Ifany section, clause, sentence, or phrase of the Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this Ordinance. SECTION D. EFFECTIVE.DATE. ‘This ordinance shal! become effective upon adoption SECTION E, ADOPTION CERTIFICATION. I hereby certify that this is a true and correct copy of the Flood Damage Prevention Ordinance as adopted by the Board of Aldermen of the Town of Franklin, North Carolina, on the 2" day of May, 2016. WITNESS my hand and the official seal of Town of Franklin, this the 2° day of May, 2016. Chad Simons, Town Clerk {CS: 00034152.D0Cx}22Agenda Item — Board of Aldermen Meeting Date! April 4, 2016 Agenda Item #: 6 (@) Department/Agency: Finance Subject Matter: Budget Amendment. Town Manager Summer Woodard will present this item. Department Head's Comments/Recommendation: N/A ‘Town Manager's Comments/Recommendation: Approval Suggested Motion: If (favorable) to approve budget amendment as presented. Attachments: Yes _X No __ Action Taken:BUDGET AMENDMENT AMENDMENT # BUDGET CHANGE # FROM: DEPARTMENT: LEGAL EXPLANATION: TO MV FDS TO COV ATTORNEY FEES FOR FY 15-16 ACCOUNT DESCRIPTION INCREASE __ DECREASE 10-9910-991 CONTINGENCY 720500.00 10-4150-192 PROF SERVICES- LEGAL" 2500.00 REQUESTED BY DEPARTMENT HEAD. RECOMMENDED BY FINANCE OFFICER APPROVED BY TOWN MANAGER ACTION BY BOARD. APPROVED AND ENTERED ON MINUTES DATED DATE CLERK ENTERED.Agenda Item — Board of Aldermen. Meeting Date: April 4, 2016 Agenda Item #: 6 (H) Department/Agency: Finance Subject Matter: Engagement Letter for Martin Starnes LGERS Pension Attest Audit for 2015. Town Manager Summer Woodard will present this item. Department Head’s Comments/Recommendation: N/A ‘Town Manager's Comments/Recommendation: Approval Suggested Motion: If (favorable) to approve Martin Starnes Engagement Letter for LGERS Pension Attest Audit for 2015. Attachments: Yes _X. No__ Action Taken?Kyra Doster From: Sharon Edmundson Sent: Monday, February 29, 2016 11:57 AM To: keithjoyce@joyceandcompanycpa.com; eburke@coh com; Kfalls@efrcpa.com; greg @wilmingtontpsa.com jbritt@spdouglas.com; dmmullinix@gk-cpa.corn; pbrhodes@ssmkilp.com: shella@gbaplic.com; mthompson@cbh.com; Cristi lewis@cohnreznick com; chill@cbh.com; lou.cannon@megladrey.com; sduda@cbh.com; jbest@cricpa.com: pechurch@bellsouth.net: amcghinnis@martinstarnes.com; winston@wwcecpa.com; joarris@bpdcpa.com; myers@northstate.net; John Frank@dhgllp.com; osborne@dowdyosbomecpa.com; gary.ridgeway@megladrey.com; jennifer |ambeth@dhglip.com; wgreene@greenecocpa.com; vance holloman@apexnc.crg; bwhitehorn@ashevillenc.gov; dianeh@ashevilleabc.com; townmenager@atlanticbeach- rnc.com; financedirector @belhavennc.us; Tim.Flora@buncombecounty.org; sblinson@townofburgaw.com; preece@ci burlington.nc.us; jackie@cantonne.com; karen.mills@townofcary.org; hfranklin@cha-nc.org; amyers@cmiibrary.org; cwarren@cravencountyne.gov; aquick@durhamcountync.gov, sbianchard@cityofec.com; h.taylor@fletchemc.org; kdoster@franklinnc.com; mrobinson@franklincountync.us; bryant. morehead @gastongov.com; steve menally@granvillecounty.org; kdehaven@co.greene.nc.us; coxb@guil- randfire.com; heidi.Jamay@hillsboroughncorg; susan.robertson@co iredell.nc.us; edavis@kannapolisnc. gov; beveriy@kdhnc com; findir@townoflakelure.com; ejp@lrcog.org; shellyf@medic911.com; hvurtzbacher@nhegov.com; martin@nhabc.com; triggs@onwasa.com; janderson@ townofpks.com; zhewett@cityofrandleman.com; gabric@southernpines.net; cwatson@spring-lake.org: Jkirk@ townofsurtcty.com; andrea biddix@wpcog org; jshepherd@wilkescounty.net: ‘treese@wilson-co.com; lisas@cityofws.org cc Preeta Nayak Subject: 2016 LGERS Pension Attest Sample Good morning all! ‘This email serves to notify you that your unit of goverment has been selected in the attest sample as part of the Office of State Auditor's work on auditing LGERS for purposes of complying with GASB Statements 67 and 68. Much more information will be emailed to you in the next few weeks but we know that many of you are in the process of finalizing contract arrangements and beginning audit planning for the year so we wanted to get this information out to you. ‘This will be the third year we have used this approach in the work necessary for Statements 67 and 68. Al auditors and units that were in the groups selected in prior years viewed this work as a separate engagement, apart from the annual audit contract. We do not have a template agreement for this work and instead ask that you forward your engagement letters to us for this work. We will need to approve the attest document and sign off on invoices prior to units making payment on them, just as we do for other audit work We have copied the auditing firm of record for these units on this email. If you have changed auditors please make sure ‘your new auditor knows that you are part of the testing sample this year. Auditors, if you have picked up new clients that are members of LGERS please be sure to ask them if they are in the sample, or check the list below. We will be publishing the list on our website as well. Again, more information will be forthcoming, including more detailed guidance and a sample attest report. ‘The list of units selected for the sample is as follows:APEX ASHEVILLE ASHEVILLE ABC BOARD ATLANTIC BEACH BELHAVEN BUNCOMBE COUNTY BURGAW BURLINGTON CANTON CARY CHARLOTTE HOUSING AUTHORITY CHARLOTTE MECKLENBURG PUBLIC LIBRARY CRAVEN COUNTY DURHAM COUNTY ELIZABETH CITY FLETCHER FRANKLIN (TOWN) FRANKLIN COUNTY GASTON COUNTY GRANVILLE COUNTY GREENE COUNTY GUIL-RAND FIRE DEPARTMENT HILLSBOROUGH IREDELL COUNTY KANNAPOLIS KILL DEVIL HILLS LAKE LURE LUMBER RIVER COUNCIL OF GOVERNMENTS. MECKLENBURG EMER MED SVCS AGCY NEW HANOVER COUNTY NEW HANOVER COUNTY ABC BOARD ONSLOW WATER & SEWER AUTHORITY PINE KNOLL SHORES: RANDLEMAN SOUTHERN PINES SPRING LAKE SURF CITY WESTERN PIEDMONT COUNCIL OF GVMITS WILKES COUNTY WILSON COUNTY‘WINSTON-SALEM. Sharon Edmundson, MPA, CPA Director, Fiscal Management Section State and Local Government Finance Division Phone:(919) 814-4289 Fax:(919) 855-5812 Neth Carolina Department of State Treasurer Jaret Cova Soe Teaser Longleaf Building 3200 Atlantic Avenue, Raleigh, NC 27604 www.NCTreasurer.com 2 Cea) E-mail correspondence to and from this address may be subject tothe North Carolina Public Records Law. It may be subject to monitoring and disclosed to third parties, including law enforcement personnel, by an authorized state official IMPORTANT: When sending confidential or sensitve information, encryption should be used.Agenda Item ~ Board of Aldermen Meeting Date: April 4, 2016 Agenda Item #: 6 (H) Department/Agency: Finance Subject Matter: Budget Amendment. Town Manager Summer Woodard will present this item. Department Head's Comments/Recommendation: N/A ‘Town Manager's Comments/Recommendation: Approval Suggested Motion: If (favorable) to approve budget amendment as presented. Attachments: Yes_X_ No__ Action Taken?BUDGET AMENDMENT AMENDMENT #. BUDGET CHANGE FROM: DEPARTMENT: LEGAL EXPLANATION: TO MV FDS TO COV ATTORNEY FEES FOR FY 15-16 ACCOUNT __ DESCRIPTION INCREASE __DECRE/ 10-9910-991 ‘CONTINGENCY 20500.00 19-4150-192, PROF SERVICES- LEGAL 2050.00, Z REQUESTED BY DEPARTMENT HEAD, RECOMMENDED BY FINANCE OFFICER, APPROVED BY TOWN MANAGER ACTION BY BOARD. APPROVED AND ENTERED ON MINUTES DATED. DATE CLERK ENTERED.Agenda Item - Board of Aldermen Meeting Date: April 4, 2016 Agenda Item #: 6 (1D) Department/Agency: Finance Subject Matter: Engagement Letter for Martin Starnes LGERS Pension Attest Audit for 2015. Town Manager Summer Woodard will present this item. Department Head’s Comments/Recommendation: N/A ‘Town Manager's Comments/Recommendation: Approval Suggested Motion: If (favorable) to approve Martin Starnes Engagement Letter for LGERS Pension Attest Audit for 2015. Attachments: Yes X_ No__ Action Taken:Kyra Doster From: ‘Tracie Dagenhart Sent: Wednesday, March 16, 2016 2:06 PM To: kdoster@franklinne.com Subject: ‘Town of Franklin - 2016 OSA Pension Engagement Letter Attachments: ‘Town of Franklin - 2016 OSA Pension Engagement Letter. paf Attached is information and the engagement letter for the pension procedures required by the Office of the State Auditor. Please read, pre-audit, and sign the eny ter and email it back to me at your earliest convenience. We will forward the letter to the LGC for their approval at that time. Thank you, Tracie W. Dagenhart P, ‘Senior Administrate Assistant p:828,327.2727 x323 | 1828.328,2324 & at ‘Any tax advice (including attachments) contained in this communication is not to be used for the purpose of (i) avoiding tax-related penalties or (i) recommending to another party any tax-elated matters addressed in this communication The information contained in this electronic document is privileged and confidential information intended for the sole use of the addressee. If the reader ofthis communication is not the intended recipient, or the employee or agent responsible {or delivering it to the intended recipient, you are hereby notifed that any dissemination, distribution or copying ofthis ‘communication is strictly prohibited. I you have received this communication in error, please immediately notify the person listed above and discard the originalMARTIN ¢ STARNES & ASSOCIATES, CPAs, P.A. “A Professional Assoctaton of Covified Pubic ecownunts and Management Consultants” March 15,2016 Kyra Doster, Finance Officer ‘Town of Franklin P.O. Box 1479 Franklin, NC 28744 As you have previously been made aware by the Local Government Commission, the North Carolina Office of the State Auditor has requested that we, as your independent auditors, perform certain examination procedures related to the completeness and accuracy of the census data reported by the Town of Franklin to the State Treasurer of North Carolina for the Local Government Employees’ Retirement System for the calendar year ended December 31, 2015. ‘The results of our procedures will be provided in the form of an attestation opinion that the Office of the State Auditor will use as substantive evidence to support their audit opinion on the pension plan at the State level. Our report on this examination engagement is due to the Office of the State Auditor by October 14, 2016. Someone from your audit team will be in touch to coordinate the scheduling of this engagement in the near future. Our engagement letter for this examination is attached. The engagement letter should be pre-audited, signed, and retumed to us via email at tdagenhart@martinstames.com. We appreciate your timely execution of this engagement leter. We will submit the signed engagement letter to the Local Government ‘Commission for their approval, Ifyou have any questions, feel free to contact us at any time. Respectfully, Merten: Atenas € Qeoecintie’, CPA5,CA. Martin Stames & Associates, CPAs, P.A. Enclosures ‘730 13th Avenue Drive SE # Hickory, North Carolina 28602 # Phone 828-327-2727 # Fax 828-328-2324 13 South Center Steet ¢ Taylorsville, North Carolina 28681 # Phone 828-632-9025 # Fax 828-632-9085 oll Free Both Locations 1-800-948-0585 Website: worw.martinstarmes.comMARTIN ¢ STARNES & ASSOCIATES, CPAs, P.A. "4 Professional Association of Certified Public Aecountants and Management Consultants” March 15,2016 Kyra Doster, Finance Officer ‘Town of Franklin P.O. Box 1479 Franklin, NC 28744 ‘The North Carolina Office of the State Auditor has requested that we examine the completeness and accuracy of the census data reported to the State Treasurer of North Carolina and related underlying payroll records for the Local Government Employees’ Retirement System (LGERS) plan of the Town of Franklin as of and for the calendar year ended December 31, 2015. We are pleased to confirm our acceptance and ‘our understanding of this examination engagement by means of this letter. Our examination will be conducted with the objective of expressing an opinion as to whether the LGERS census data reported to the State Treasurer is presented fairly, in all material respects, in conformity with criteria set by the Retirement ‘System's Handbook as revised in January 2015, ities Practitioner Respon: We will conduct our examination in accordance with the attestation standards related to examinations of ‘the American Institute of Certified Public Accountants and in accordance with the attestation standards of Government Auditing Standards. An exemination-level attestation engagement involves performing procedures to obtain attest evidence about whether the LGERS census data reported to the State Treasurer is fairly presented, in all material respects, in conformity with criteria set by the Retirement System's Handbook as revised in January 2015. The procedures selected depend on the practitioner's judgment, including the assessment of the risks of material misstatement or misrepresentation of the subject matter, ‘whether due to fraud or error. Because of the inherent limitations of an examination, together with the inherent limitations of internal control, an unavoidable risk that some material misstatements or misrepresentations may not be detected exists, even though the examination is properly planned and performed in accordance with the attestation standards related to examinations of the American Institute of Certified Public Accountants and the standards applicable to attestation engagements contained in Government Auditing Standards issued by the Comptroller General of the United States. However, we will inform you of any material errors or fraud that comes to our attention, unless clearly inconsequential. ‘Management Responsibilities Our examination will be conducted on the basis that management acknowledge and understand that they. have responsibility: 8, For the preparation and fair presentation of the LGERS census data reported to the State ‘Treasurer in accordance with criteria set by the Retirement System's Handbook as revised in January 2015; 730 13th Avenue Drive SE # Hickory, North Carolina 28602 ¢ Phone 828-327-2727 # Fax 828-328-2324 13 South Center Street # Taylorsville, North Caroline 28681 # Phone 828-632-9025 # Fax 828-632-9085 ‘Toll Free Both Locations 1-800-948-0585 Website: www anartinstarnes.com. For the design, implementation, and maintenance of internal control relevant to the LGERS census data reported to the State Treasurer, which is the best means of preventing or detecting errors or fraud; . For selecting and determining the suitability and appropriateness of the criteria upon which the LGERS census data reported to the State Treasurer will be evaluated; and 4. To provide us with: () Access to all information of which management is aware that is relevant to the LGERS census data reported to the State Treasurer such as records, documentation, and other matters and that you are responsible for the accuracy and completeness of that information; (2) Additional information that we may request from management for the purpose of the examination; and (3) Unrestricted access to persons within the entity from whom we determine it necessary to obtain attest evidence, ‘As part of our examination process, we will request from management written confirmation concerning representations made to us in connection with the examination, Reporting We will issue a written report upon completion of our examination of the LGERS census data reported to the State Treasurer. Our report will be addressed to management, the North Carolina Department of the State Treasurer, and the North Carolina Office of the State Auditor. We cannot provide assurance that an ‘unmodified opinion will be expressed. Circumstances may arise in which it is necessary for us to modify ‘our opinion, add an emphasis-of-matter or other-matter paragraph(s), or withdraw from the engagement, Other ‘We understand that your employees will prepare all confirmations we request and will locate any documents or support for any other transactions we select. During the course of the engagement, we may communicate with you or with your personnel via fax or email, and you should be aware that communication in those mediums contains a risk of misdirected or intercepted communications. ‘The timing of our examination will be scheduled for performance and completion by October 14, 2016. This is the date by which the results are duc to the Office of the State Auditor. Paula Hodges is the engagement partner for the services specified in this letter. Her responsibilities include supervising the services performed as part of this engagement and signing or authorizing another qualified firm representative to sign the attest report, ‘Our fees for the examination will be $5,000. ‘The invoice is payable upon presentation, The fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the engagement. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. Our fees for such services range from $75-$250 per hour.‘The attest documentation for this engagement is the property of Martin Stamnes & Associates, CPAs, P.A. and constitutes confidential information. However, we may be requested to make certain attest documentation available to the North Carolina Department of the State Treasurer and/or the North Carolina Office of the State Auditor pursuant to authority given to these entities by law or regulation. If requested, access to such attest documentation will be provided under the supervision of Martin Starnes & Associates, CPAs, P.A. personnel, Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. ‘We agree to retain our attest documentation or work papers for a petiod of five years from the date of our report In accordance with the requirements of Government Auditing Standards, we have attached a copy of our latest external peer review report of out firm for your consideration and files. Please pre-audit, sign and return the attached copy of this letter to indicate your acknowledgment of, and agreement with, the arrangements for our examination including our respective responsibilities, Ifyou have ‘any questions, please let us know. ‘We appreciate the opportunity to be of service to you and look forward to working with you and your staf. Respectfully, Martins Atanas € Qeoncists!, CFA5,C.2. Martin Starnes & Associates, CPAs, P.A. RESPONSE: This letter correctly sets forth our understanding. By: Title: Date:Agenda Item — Board of Aldermen Meeting Date: April 4, 2016 Agenda Item #: 6 (J) Department/Agency: Administration Subject Matter: Permission to Advertise Vacancy on Alcohol Beverage Control Board. Town Manager Summer Woodard will present this item. Department Head’s Comments/Recommendation: N/A Town Manager’s Comments/Recommendation: Approval Suggested Motion: If (favorable) to authorize the Town Manager to advertise a vacaney on the Alcohol Beverage Control Board. Attachments: Yes _X No__ Action Taken: ———TOWN OF FRANKLIN Post Office Box 1479 North Carolina 28744 (828) 524-2516 Town of Franklin Alcohol Beverage Control Board Application Applications are due Monday April 25, 2016 by 5:00 p.m. All applications must be turned into the Town Managers Office located at 95 East Main Street, Franklin, NC 28734 ‘Name: Address: PhoneNumber: Email: “All applicants may be subject to a background check Please lst a minimum of (3) references:Monthly ReportFranklin Police Department PO Box 1479 Franklin, North Carolina 28744 Phone: 828.524.2864 Established 1855 David P.Adams het of Paice Departmental Report ‘The Police Department responded to 664 calls from March 7, 2016 Reports Filed Accident 42 Arrest 28 Incident / Investigation 60 Enforcement Actions Arrest 28 DW's 5 Citations 48 Criminal Papers Obtained 25 ‘Warning Citations 4 until Suonmer Woodard ‘Town Manager March. 16Franklin Fire & Rescue |Franklin, NC |This report was generated on 3/29/2016 11:06:38 AM Ineldant Tyne Cos Start Mater 03)04 1 sation for Nata Ranae Tate: 0829016 tna 16 | [Station: 11 = FRANKLIN FIRE-RESCUE [111 = Building fre F113 Cooking fire, confined to container Hi22-Fire in motor home, camper, recreational vehicle [140 Natural vegetation fre, other H#t - Forest, woods or wildland fire [151 - Outside rubbish, wash or waste fre [160 Special outside fire, other [300 Rescue, EMS incident, other [311 Medical assisi, assist EMS crow [320- Emergency medical service, other [322 Motor vehicle accident with injuries [3247 Motor vehicle accident with no injures. [484 - Attempt to burn [500- Service Call, other [S17 - Lockout [531 - Smoke of odor removal [S40 Animal problem, other [550 Public service assistance, other [600 Good intent call, other [631 - Authorized controlled buming [652 Steam, vapor, fog or dust thought to be smoke [700 False alarm or false call, other wsfro| | co] a | ro] |} cof 1] 2} nol} 38] Bf a} 5} a} cof | 0} no} | [743- Smoke detector activation, no fire - unintentional # incidents for 14 - Franklin Fire-Rescue: Only REVIEWED incidents included. emergancyeportng com Dost 887 PageTOWN OF FRANKLIN Post Office Box 1479 Franklin, North Carolina 28744 (828) 524-2516 Public Works Monthly Reports Service Calls Meter Reads (New Customers) 35 Reconnects 23 Disconnects(Customers Request) B Disconnects (Non-Payments 18 Disconnect (NSF 0 Customer Request (leaks,etc.) 6 Replacement of Meter Boxes 2 Data Profiles 5 No-Reads rr Brush Pick up z 133 One Calls for 811 48 ‘Animal pickup 0 181 Sewer Line stopped up at Old ingles Sewer Line stopped up on Forest Ave Put new plug for Christmas Lights on Depot St. Worked at Water Plant Worked on Stream Project at JC Park Water Tap on Baird Cove Water & Sewer Tap on Lakeside Dr Installing new sewer line on Doraul St Jay Gibson Public Works DirectorADJUSTMENTS FOR MARCH DATE NUMBER NAME GIVEN AMOUNT, 3/12016 2556 Fleetwood Chavis Outside leak -$184.63 3/1/2016 6564 Carolina Village Outside leak -$1,078.18 31/2016 9179 Shaw Meter mistake -$33.30 3/1/2016 5889 First Christian Church Outside leak 81,843.34 3/1/2016 13871 Richard & Rachel Addi Reading $8.26 3/1/2018 13767 Sarah Nichols ‘Addl Reading $5.83 3/1/2016 11038 Peggy Armstrong Addl Reading $4.24 3/1/2016 12546 Laura Hickman Addl Reading $3.17 3/1/2016 13374 Rodney Ratteree Addl Reading $5.50 3/2/2016 2332 Terry Moore Outside leak $16.28 3/4/2016 13628 Martha Harward Outside leak -$57.72 $3,186.45To: Summer Woodard, Town Manager From: Justin Setser, Land Use Administrator Date: February 29, 2016 ~ March 29, 2016 Subject; Planning Monthly Report ~ March Boards: Town Planning Board/BOA: he BOA met on Monday March 14 at 4 p.m, to hear a variance request for a larger sign for Little Caesars at Commons DR, They were asking for a variance for a larger sign because as per the sign ordinance they would only be allowed a 15 sq ft attached sign. The BOA voted to approve a variance to allow Little Caesars to install a 19.28 sq ft sign. The Planning Board met on March 21" at 4 p.m. to hear a request for a text amendment to change the NMU district maximum footprint from 5,000 sq ft to maximum gross floor area of 10,000 sq ft. The planning voted to recommend to deny the request. County Planning Board: The county planning board didin’t meet Code Enforcement: Land Development Pert : (2) permits were issued. Sign Permits: (2) sign permits were issued. Sign Ordinance: 41 illegal off-premise signs were collected. Minimum Housing Code: Violation notices were returned because owner couldn’t be located for the 2 structures on Green ST. 142 Green St and 152 Green ST. Planning will pursue placarding of structures Nuisance Ordinance: N/A Complaints: 1 Complaint on a house on Green ST. Other: Bike Walk Franklin Plan Community Walking event was held on Saturday March 12%. 30 people attended the walk, 15 different native tree species have been planted at Memorial Park as part of stream riparian project. Justin Setser, CLO Town Planner / Land Use AdministratorMemo ‘Summer Woodard Finance Office March 31, 2016 Monthly Department Report PRQa Report for March 2016 + This month all departments recelved budget documents to begin preparing budget requests for FY 16-17. This included budget justification sheets for each line item and expenditure reports for each department to project expenditures for current year. 4 Several administrative personnel completed training with current sofware provider ‘and at this time revenues are posting daily from the cash colections system ‘opposed fo monthly 2s before. Thisis the fist of several steps to have all modules of the softwere systems posting more effciently. With this goal completed, we hope tormove forward in bringing otier modules of the system up to date by the beginning of the fiscal year, “ Setup and implementation of the central depository have been completed and necessary steps are being followed to streamiine the utilization of the central ‘account. Final paperwork was also completed and submited to Entegra Bank for ‘200ess to those accounts as well ‘+The pian to update general vendor information in our system including E-verity compliance and W-8 information has begun. Accounts Payable department sent out the appropriate forms and packets this month wit a positive response from vendors thus fer. ‘Prepared and submitted all requests to aucitors for interim Fieldwork which was completed March 234 and 24 forthe end of year audit. Planning meeting was held ‘and Town Meneger and Finance Officer met with aucitors to give an overview of goal that have been accomplished since last audit and the goals and objectives that we are stiving to achieve going forward. ‘Kyra M. Doster Town of Franklin Finance Officer 828-524-2516 Ext, 304TOWN OF FRANKLIN Post Office Box 1479 Franklin, North Carolina 28744 (828) 524-2516 March 28, 2016 To: Surmmer Woodard and Board of Aldermen From: Jessie Wilkins Re: March 2016 Ad Valorem Tax Report We advertised 225 2015 delinquent real property taxpayers in The Franklin Press on 3/11/2016. The total amount advertised was $91,333.40. Per General Statute, | posted the advertising list out front of the Town Hall. {also posted 33 2015 unpaid personal property tax bills in the amount of $3,084 that resulted in 71% of that amount being collected. As of March 28, 2016 there are $11,678.84 collected for current year tax. On 3/21/2016, | mailed 57 ten- day demand letters for taxpayers with multiple year delinquent taxes. | am getting responses and payments coming in. We have also received a NC Debt Set Off garnishment in the amount of $484.00. We are expecting another NC Debt Set Off file on 3/30/2016 but do not know at this time the amount we will be receiving. have attached an unpaid balance report and a Collection report as of 3/28/2016. Please let me know if you have any questions. Respectfully submitted, Sumi Wtbic’ Jessie Wilkins Tax Collector AttachmentsUNPAID AS OF 7/1/2015, REAL PERSONAL TOTAL AS OF 6/30/2016 REAL PERSONAL TOTAL 2015 $1,733,381.84 $178,488.17 $1,911,870.01 2015 $0.00 $0.00 $0.00 2014 $56,156.16 $792.78 $56,948.94 2014 $0.00 $0.00 $0.00 2013 $15,467.32 $711.13 $16,178.44 2013 $0.00 $0.00 $0.00 2012 $8,254.80 $1,197.59 $9,452.39 2012 $0.00 $0.00 $0.00 4TH PRIOR $23,696.81 $7,509.67 $31,206.48 ATHPRIOR $0.00 $0.00 $0.00 TOTAL $1,836,956.92 $188,699.34 __$2,025,656.26 TOTAL $0.00 $0.00 $0.00 Subtract from current year COLLECTED the following refunds of overpayments $7.30, $13.86, $11,403.53, $73.63 = $11,498.32 3/28/2016 NC DEBT SET OFF 2014 +239.86 2013 + 178.35 INTEREST + 65.79 3/28/2016 2015 2014 2013 2012 ATH&PRIOR — INTEREST iy gut. $0.00 $2,056.20 $48.28 $114.76 $49.40 $172.33 $2,440.97 AUG — $337,374.98 $1,963.28 $82.95 $98.56 $30.74 $238.64 $339,789.15 SEPT $198,372.87 $535.46 $4.93 94.12 $0.00 $127.23 $199,044.61 oct $98,031.54 $944.18 $287.47 $98.44 $0.00 $176.54 $99,538.17 Nov $177,112.11 $609.52 $213.60 $0.00 $0.00 $160.13 $178,095.36 DEC $641,680.14 ($8,765.89 $30.43 $0.00 $47.97 $954.10 $651,478.53 JAN $225,285.71. $145.30 $0.00 $0.00 $48.67 $1,014.38 $226,494.06 FEB $90,664.44 $7,970.03 $219.86 $55.64 $49.04 $3,502.83 $102,461.84 MAR $2,365.06 $453.90 $84.95 $0.00 $1,639.36 $16,222.11 APR $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 may $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 JUN $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL $1,780,200.63 $25,354.92 $1,341.42 $456.47 $225.82 $7,985.54 $1,815,564.80 Refunds $11,498.32 TOTAL $1,768,702.31 BUDGET $1,831,000.00 $45,000.00 $2,500.00 $1,000.00 $1,000.00 $6,000.00 $1,886,500.00$1,000,000.00 {$100,000.00 $10,000.00 $1,000.00 $100.00 $10.00 $1.00 4 JUL AUG SEPT m2015 oct = NOV-DEC JAN Fes 2014 2013. 2012 MATH &PRIOR mINTEREST MAR APRTOWN OF FRANKLIN FY 2015-2016 UNPAID BALANCE REPORT BY NAME UNPAID AS OF 03/29/2016 TAX YEARS 2006 TO 2015 REAL PERSONAL MERCHANT — UTILITIES TOTAL ‘TAX YEAR: 2006 2,031.62 43.12 2,674.74 ‘TAX YBAR: 2007 1984.98 936.72 2,891.70 TAX YEAR: 2008 2.75336 1480.21 1233.57 ‘TAX YEAR: 2009 2,660.10 1,256.52 3,916.62 ‘TAX YEAR: 2010 5,760.45 1,406.12 7.16457 ‘TAX YEAR: 2011 6,208.65 115440 7359.05 ‘TAX YEAR: 2012 816145 1255.39 9417.05 TAX YEAR: 2013 4519.62 148.17 15,267.79 TAX YEAR: 2014 31,616.79 950.88 32,567.67 ‘TAX YEAR: 2015 84,236.08 1,128.16 85,368.24 GRAND TOTAL: 15989. 10,957.89 T70A57.00 JCOLLIER 03/28/2016 5:47:32PM Page 1 ‘110008