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Town of Franklin Board of Aldermen Agenda April 3, 2017 7:00 p.m. 1. Callto Order- Mayor Rb Set Pledge of Allegiance- Vice Mayor Patti Abel Adoption ofthe Apel 3,2017 Town Board Agenda Approval of March 6,2017 Town Board Minutes 5. Public Hearing 7.05 pam. Regarding the Charter of te Town of Franklin change te sik ofthe Municigsl Corporation from Bossa of Aidamen Town Counc 5. Public Sesion 1. New Business A) Bou Acton Regarding the Charter ofthe Town of Franklin to change the style of Munisipel Corporation from Boast of ‘Aldermen to Tov Cound ',) Forward River District Ovetay to Town Planning Board- Land Use Administrator Justin Setser ©) Stet Closing Request fr Holly Springs Baptist Church- Town Manager Summer Woodard _D) Depo Sree Sidewalk Constrton Agreement berween he Town of Frankin and the North Certna Deparnent of ‘Transportation- Towa Manager Summer Woodud E) Disousson on Speed Eaforeement on Bell Stet-Town Manager Summer Woodard F) Budget Amendment-Finance Officer Kyra Doster Legal A) Cross-Connection Comal Ordinance: Town Antoene John Henning J. 11 Traffic Ordinance Adjusting the Speed on Mimosa Deve and th Direction of Travel on Watauga Stet 9, Announcements |A) Town Hall Occ wll be closed Friday April 4, 2017 in Observance of Good Friday '.) Town Board Budget Werk Session willbe Mondey Api 17,2017 a $30 pam in the Town Hall Boardrocrn 10, Adjourament hort A i ‘The Town of Franklin Board of Aldermen held their regularly scheduled meeting on Monday March 6, 2017 at 7 p.m. in the Town Hall Board Room. Mayor Robert S. Scott presided. Vice-mayor Patti Abel, Aldermen Joe Collins, Adam Kimsey, Billy Mashburn, Brandon McMahan, and Barbara McRae were present. March 6, 2017 meeting, The Pledge of Allegiance was done by Boy Scout Troop 235, Adoption of March 6, 2017 Town Board Agenda Motion was made by McRae, seconded by McMahan to amend the agenda to add consideration of a resolution to oppose partisan elections 6(6). Motion carried. Vote: 6 to 0. ‘Approval of February 6, 2017 Town Board minutes Motion was made by McMahan, seconded by Kimsey to approve February 6, 2017 minutes as presented. Motion carried. Vote: 6 to 0, Public Session Lauren Hickman —| want to address the changing of the term aldermen. As a young woman, | would approve and | would encourage you to move forward with that and join the 21” century. David Culpepper ~ | would like to caution the board as to what they have with the Whitmire property and to consider what that property is and what it could be. Ifyou were going to buy it right now, ! would bbe adamantly against the town purchasing that property, but itis In your hands and you get to decide its fate. | think it requires more reflection than you have given it. I would like for you not to act in a hostile manner to try and dispose of it at undervalue to a crony in town who is going to develop it in an Unsightly manner. Outdoor recreation is our asset, don’t discredit that, Whether you do something outdoorsy with it or not, you do get to decide what is there. That is going to affect the town for the foreseeable future, Talking about outdoor assets. | think you have before you the bike-walk plan that the consultants worked on. | think its a really good plan. | think itis going to be really difficult and probably impossible to implement it al. | do think that it’s possible to do some of the things on there. | spoke about the Crawford Branch part of the Greenway at the last meeting and how you can directly help that. One thing you might look into and without spending a lot of money, if there is a sewer easement going across then you could possibly use that easement as our walking path, | want to task you with thinking about how we can do part of these plans without breaking the budget. What can we do in this room with your brains and with public input to get this stuff done? The third thing is parking in town. There has been lots of studies and lots and lots of money spent on those studies. Everybody keeps discounting parallel parking because people say they don’t know how to parallel park, To coincide with the parallel parking issue there is an issue with too many people parking on Main Street so If somebody doesn't know how to parallel park then they can park in the back parking lots and we can kill two birds with one stone. Please don't discount parallel parking either just because some people don’t know how to drive. It works in Waynesville, it works in Asheville it works in every other downtown in the world. | think it might work for Franklin March 6, 2017 meeting continued, Public 7:05 p.m. Re-Zoning Petition for Wayah Street and Georgia Re Heather Shields ~| live on Hillcrest Avenue. | have a perfect view of the property in question where the rezoning request came from. My issue isn’t with the view but with traffic. | have been there over 19 years and over that time the traffic in that area has increased quite a bit. It increased when Dr. Davis ‘opened his office. When Dr. Hills office came in, there was an impact. Then the townhouses came. ‘There was more impact. Rizzo's has had a huge impact. There is a lot of congestion during their times of ‘operation. My concern is long range. It’s already congested. There are certain times of day when you can‘t get out there and traffic is backed up. ! think that is something that has to be considered. Kenneth Kopp ~ Applicant for Re-Zoning ~The Department of Transportation is planning to take about 1/3 of the property for a round-about. That is supposed to alleviate some of the traffic. New Business: Proclamation for Hunger Awareness Month Mayor Bob Scott read the proclamation declaring February 2017 as Hunger Awareness Month. Members from First United Methodist Church were present for the reading. ‘Motion was made by Collins, seconded by Mashburn to declare February as Hunger Awareness ‘Month, Motion carried. Vote 6 to 0. ‘New Business: Board Action on Re-Zoning Petition for Wayah Street and Georgia Road ‘Motion was made by McMahan, seconded by Kimsey to adopt the amendment as approved by the planning board. Request carried. Vote 6 to 0. ‘New Business: Adoption of Comprehensive Plan for Bicyclists and Pedestrians Land Use Administrator Justin Setser presented the item. John Henning Jr. ~Town Attorney ~ For the board to know, what would be the procedure for the board to bring up projects? Justin Setser - Land Use Administrator ~ We were going to create a committee to look over projects and suggest ones that we want to move forward with. Every two years the NCDOT has a STIP program where ‘they update projects. That process is actually about to begin in June. Once it starts, we can submit some plans to be prioritized in the next round of the 5.0 STIP Program. This is the same programs that we got the Depot Street sidewalks committed from, the Georgia Road roundabouts and some other ones throughout the county. We can’t hardly submit every one of them but I think we could submit probably five this time, There is lots of different funding options, it’s not just the Town's responsibilty to fund them. One thing to keep in mind though is that large projects with STIP may require a 20 percent match Motion was made by McMahan, seconded by McRae to adopt the Comprehensive Plan for Bicyclists and Pedestrians. Motion carried. Vote 6 to 0. LoutA . New Business: Martin Starnes Audit Contract for Fiscal Year 2017-2 March 6, 2017 meeting continued, Finance Office Kyra Doster presented the item. Motion was made by Collins, seconded by Kimsey to approve the Martin Starnes Audit Contract for Fiscal Year 2017-2018. Motion carried. Vote: 6 to 0. New Business: Update on Town of Franklin Solar Eclipse ‘Town Manager Summer Woodard presented this item. New Business: Street Closing R F Solar Eclipse Event Town Manager Summer Woodard requested the closing of lotla Street from 10:00 a.m. until 7:00 p.m. Motion was made by McMahan, seconded by Abel to allow lotla Street to be closed. Motion carried. Vote: 6 to 0. ‘New Business: Discussion on Charter Change Regarding the Term of Aldermen Mayor Scott read the resolution to set @ public hearing. Resolution is attached. Mayor Scott ~ The term of aldermen is pretty old fashion. tn some respects it means old men. We're one of the very few towns left in North Carolina that stil use that terms. 'm asking for a vote tonight on 2 resolution that would allow us to having a public hearing on changing the term. Alderman Mashburn ~| didn’t get a resolution. | want something to look at. Who drafted this? John Henning, Jr.~Town Attorney ~ It is from the League of Municipalities. There are a few basic things inthe charter than you can change by ordinances that you adopt. This resolution does follow the procedure that would allow for this type of change and to set a public hearing. ! will point out that this isn’t a binding change, the resolution calls for a public hearing, ‘Motion was made by McRae, seconded by McMahan to pass the resolution to set a public hearing for April 3, 2017 at 7:05 p.m, Motion carried. Vote: 5 to 1. Mashburn opposed. New Business: Resolution to Oppose North Carolina Senate Bill 94 Mayor Scott presented this item. Resolution is attached. Motion was made by McMahan, seconded by Kimsey to pass the resolution to oppose North Carolina Senate Bill 94. Motion carried. Vote: 6 to 0. DRAFT ission on Ordinance Pertaining to Speed Limits in the Town of Fran! March 6, 2017 meeting continued, Town Attorney John Henning Jr. presented this item, Motion was made by Abel, seconded by McMahan to adopt the speed limits as presented. ‘exception of Mimosa Drive. Motion carried. Vote 6 to 0. BizWeek will be April 17 through April 21. Adjournment: Motion was made by McRae, seconded by Abel to adjourn the meeting at 7:50 p.m. Motion carried. Vote: 6 to 0. Robert S. Scott, Mayor Travis D. Tallent, Clerk Agenda Item — Board of Aldermen. Meoting Date: April 3, 2017 Agenda Item #: 5 Department/Agency: Town Board Subject Matter: Public Hearing 7:05 p.m. Regarding the Charter of the Town of Franklin to change the style of the Municipal Corporation from Board of Aldermen to Town Council. Department Head’s Comments/Recommendation: N/A Town Manager’s Comments/Recommendation: N/A Suggested Motion: N/A Attachments: Yes No_X Action Taken: Agenda Item — Board of Aldermen Meeting Date: April 3, 2017 Agenda Item #: 7 (A) Department/Agency: Town Board Subject Matter: Board Action Regarding the Charter of the Town of Franklin to change the style of Municipal Corporation from Board of Aldermen to Town Council. Department Head's Comments/Recommendation: N/A Town Manager's Comments/Recommendation: Consideration Suggested Motion: If (favorable) Town Attorney will provide wording. Attachments: Perea ta tet Pte Action Taken: TOWN OF FRANKLIN Post Office Box 1479 Pranklin, North Carolina 28744 (828) 524-2516 RESOLUTION OF INTENT TO CONSIDER AN ORDINANCE AMENDING THE CHARTER OF THE TOWN OF FRANKLIN TO CHANGE THE STYLE OF THE MUNICIPAL CORPORATION FROM BOARD OF ALDERMEN TO TOWN COUNCIL AND SETTING THE DATE FOR A PUBLIC HEARING THEREON WHEREAS, pursuant 10 G.S.160A-101 and 160A-102, the Town Board of Aldermen of the Town of Franklin may adopt an ordinance to amend the Charter of the Town of Franklin to implement any of the optional forms set out in G.S. 160A-101; and WHEREAS, G.S. 160A-102 requires that proposed Charter amendments first be submitted to a public hearing, and that due notice thereof be published not fess than ten (10) days prior to the date fixed for the public hearing; NOW, THEREFORE, BE IT RESOLVED by the Town Board of Aldermen of the Town of Franklin that; 1, ‘The Town Board of Aldermen hereby intends to consider an ordinance amending the Charter of the Town of Franklin as set forth in Chapter 160 A-101(3) Laws of North Carolina, 2s amended, to change the style of the Municipal Corporation from Town Board of Aldennen to Town Couneil as authorized by G.S, 160A-101(2). 2. A public hearing on the proposed ordinance is hereby called at Town Hall at 7:05 p.m. on Monday April 3, 2017. 3. Pollowing the public hearing called hereby, the Town Board of Aldermen shall consider passage of the ordinance a its regular meeting on April 3, 2017. 4. The Town of Franklin Clerk is hereby directed to cause to be published in the Franklin Press a proper notice of the public hearing called, which notice shall contain a summary of the proposed Charter amendments. Adopted tis 6* aay ot_Macch 20.1 Mayor ATTEST: pene Clerk Agenda Item — Board of Aldermen Meeting Date: April 3, 2017 Agenda Item #: 7 (B) Department/Agency: Land Use Subject Matter: Forward River District Overlay to Town Planning Board. Land Use Administrator Justin Setser will present this item. Department Head's Comments/Recommendation: N/A ‘Town Manager's Comments/Recommendation: Approval Suggested Motion: If (favorable) to forward River District Overlay to Town Planning Board. Attachments: Yes_X_ No__ Action Taken? Gown of Franklin Post Office Box 1479 Franklin, North Carolina 28744 (828) 524-2516 Application to AMena tne _1ext yniy oT the Unitied Vevelopment Orainance Applicant: Town OF Freakin Address: 45 € Majn 5 Telephone: (9%) $24-2516 Frankln We 2-473 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 file(s) af the section(s) to be amended (staff wil assign numbersfitles for new sections). ($2042 River” overlay desteveT SOO deSmstiond Iew-035 use district B Explain the purpose or need for each proposed amendment(s). Use additional sheets, ff necessary. Loin +o creale aad deFine ves fof vdo that will be needed by the Cfeatron OF 152 042 River overlay destricT. PluS were these wew defini vse will he allowed m SectonS 152020 - (52. 035 c Recommended text for each proposed amendment(s). Use additonal sheets, ifnecessary See adfachmenT: ‘The Information contained In this application Is true and accurate to the best af my knowledge. 3 A272 plieant ‘Date Ofce Use onty Previous requestor sre amendment? (Ye (y/o Adon Date: Applvaton RecoWved By: fille ble pote: 3/7 Mtr PLANNING BOARD RECOMMENDATION: Approved [_] Denied [1] Vote ‘Meeting Date: ‘Town Beardte Schedule @ public hearing after receiving @ recommendation from the Planning Board. Legal nctice must be placed with date of hearing twice prior to hearing dete, First notice between 10 ancl 25 days before hearing, PUBLICHEARING DA BOARDOF ALDERMEN RECOMMENDATION: Approved [] Denied [] Vote: Mosing Dats: renuon tor Kezoning @own of Franklin P.O. Box 1479 Franklin, NC 28744 Phone: 282-524-2516 Name of Applicant Teun of Franklin Address of Applicant 4§ E main ST Frontlin, #¢ Owner of Property Mvlicple Location of Property _aleng LT RiVE+cullsaya Size of Propery Parcel Number ‘Tax Map Number & in Town Gin EDS Current Zoning Designation: Avibiple See Map CuentUse____ Change inUse_Adding overlay. (Curent Development on all Adjoining Lots: North _See map South _See East See map. West See map Site served by Municipal Water Yes rd No Site served by Municipal Sewer Yes Z No Petitioner is required to submit three (3) coples of a registered survey Indicating the exact boundary lines of the parcel to be rezoned, the names of the owners of adjoining properties, and the location of any existing buildings on the subject property. 1 certify that all information provided in this application ts accurate fo the best of my knowledge, information, and belief. Furthermore, by signing this request, I agree to pay for advertising casts associated with this petition. Little fle 3hzl7 iguature of Applicant Date ‘OFFICE USE ONLY On ‘the Planning Board recommended that this petition be Approved Denied 0 Ghana on. the Board of Aldermen held a Public Heaing concerning this request. By vote the Board they Approved] Denied C1 Attest, Mayor Clerk § 152,042 RD River Distriet Overlay ‘The purpose of the River District Overlay is to create a district that will promote, celebrate, conserve and manage the areas along the Little Tennessee River and Cullasaja River within the corporate limits and the areas of the extraterritorial jurisdiction of the Town of Franklin, North Carolina, It is the intent of these standards to promote economic revitalization, business and the cultural heritage of the river valley all while providing opportunities for recreation and enjoyment for residents and visitors. Goals of the River District Overlay: 1. Promote responsible development that will result in minimal stormvrater runoff, soil ‘erosion, river bank destabilization, grading and flood damage. 2. Promote the protection and improvements of the Little Tennessee and Cullasaja Rivers as awater resource. 8. Encourage the conservation, protection and promotion of the districts natural, cultural and ‘Native American historical assets to enhance the significance of the district. 4, Encourage the creation of neighborhoods with a real sense of place that is can be readily identified. 6, Encourage new construction to be built at minimum setbacks along thoroughfares to create walkable communities, 6. To continue to develop and promote use of the greenway along the Little Tennessee River, Plus the encouragement to land owners to dedicate wetland and flood prone lands for future conservation and preservation enhancements, (Dimensional requirements. Same as for the underlying disrict(). @) Permited uses, Some as forthe underlying distriet(s). (© Special uses. Same as for the underlying districts). (© Prohibited uses. The following uses are prohibited inthe Rive: District Overlay. Adult Establishments Asphalt Plants Body Art Establishments (Tattoo/ Body Piercing) ‘Chemical Storage Facilities Hazardous Waste Management Facilities Solid Waste Disposal Facilities Solid Waste Landfills ‘Warehouse, Mini (© Development standards, Dimensional requirements and all other development standards shall be the same ae for underlying zoning district(s) except as modified herein. (l) Setbacks, Setbacks shall be the same as for the underlying zoning district; unless the lot is abutting to the river; (a) Lots abutting the river shall be setback a minimum of 80 feet from the river and outside ofthe floodvray as defined in the Town of Franklin Flood Hazard Damage Ordinance. (b) Lots abutting a major thoroughfare shall have new construction built to the minimum setback for the front of the lot to create a walkable environment. Unless the lot has access to a water front, the lot can be developed to water front side. @ Sidewalks. Sidewalks shall be constructed in all new developments and redevelopments, ‘with curb and gutter and necessary storm water along public streets. (@ Driveways. Driveways serving a Development parcel shall be permitted in accordance with the standards of the NCDOT; provided, however, a development parcel shall be limited to no more than two driveways on any road and no more than three driveways total. Additional driveways may ‘be permitted when they are necessary to improve traffic movement, increase sight distances or for other safety reasons. Developers are encouraged to share parking areas and driveways with adjoining developments, No landscaping or structures of any kind shall be required or allowed to be placed near the intersections of driveways and streets that would impede safe vision of traffic. (@) Outdoor storage. Outdoor storage shall be prohibited in the River District overlay. Provided, however, this section shall not apply to the outdoor display of goods for sale. @ Lighting. Lighting for the site shall be designed and installed so that itis directed away from the roadway and any adjacent properties and does not interfere with the safe use of public rights-of-way. © Signs. Signs shall be governed by the regulations contained in the sign xegulations of the ‘Town of Franklin, (® Parking, In consideration of the goals of this section and the increased landscaping requirements contained herein, the off-street parking requirements contained in § 152.033(E) may be reduced, at the discretion of the Land Use Administrators, by up to 20%, Parking for the site is placed tothe side or rear of such structure(s) so that itis screened from view from the street by means of such structure(s) and landscaping, as necessary. © Sireet erees (@) Steet trees shall be required at the rate of one large-maturing tree (35 feet in height) for every 60 linear feet of property abutting a street, or one small-maturing tree (26 feet in height) for every 40 linear feet of property abutting a street if overhead utility lines are present. Trees do not need to be spaced evenly. They may be clustered with a minimum spacing of 18 feet and a maximum. spacing of 75 feet. Street trees shall be placed in a planting strip on private property and not within the street right-of-way. (b) No street tree can be planted farther than 38 feet from the edge of the right-of-way to count as a street tree. The width of the planting strip may vary, but the minimum width cannot be less than seven fect and the average width shall be at least ten feet. The planting area must be covered vith living material, including ground cover and/or shrubs, except for mulched areas directly around trees and shrubs, go that no soil is exposed. When a sidewalk is proposed to be constructed on a development site and right-of-way configuration requires that it be constructed on the developer's property, the width of the planting strip may be reduced to an average of seven feet. During the development review process, the approving authority for the town may permit minor deviations in the placement of trees in order to avoid conllict with utility structures and utility lines, (©) Existing vegetation on a development parcel may count toward meeting the requirements of this section when such is in good condition and helps to further the purpose of the istrict, But those vegetative types must be native species to North Carolina to be counted toward, requixements. (@ Streets trees shall be native trees breeds to North Carolina. (@) Impervious surface standards, The maximum impervious surface coverage in the River District overlay shall be 80 percent. Vegetative drainage swales are required for stormivater control in the River District Overlay. (QO) Exceptions. (@ Single-family and two-family residential dwellings shall be required to comply with the provisions of the under laying district. Asphalt Plant - An industrial facility used for the production of esphalt. CHEMICAL STORAGE FACILITY: a building, portion of a building, or exterior area adjacent to a building used for the storage of any chemical or chemically reactive products. HAZARDOUS WASTE FACILITY: as defined in NCGS 130A, Article 9, a facility for the collection, storage, processing, treatment, recycling, recovery, or disposal of hazardous waste. “Body art establishment” means any permanent premises, business, location, or facility, used or ‘operated in whole or in part as a body piercing establishment, or as a tattoo parlor. “Tattooing” means to insert pigment under the surface of the human skin by pricking with a needle or otherwise to produce an indelible mark or figure visible through the skin. Nothing in this definition shall be deemed to restrict the activities of any licensed physician or surgeon. Solid waste disposal site means any place at which solid wastes ate disposed of by incineration, sanitary landfill or any other methods. SOLID WASTE DISPOSAL FACILITY: as defined in NCGS 130A-290(a)(35), any facility involved in the disposal of solid waste. Agenda Item — Board of Aldermen Meeting Date: April 3, 2017 Agenda Item #: 7 (OC) Department/Agency: Administration Subject Matter: Street Closing Request for Holly Springs Baptist Church, 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 close Totla Street Sunday April 16, 2017 from 6:00 a.m. until 9:00 a.m. Attachments: ‘Yes _X. No__ Action Taken: Helly Springs Baptist: Church Donnie Seagle, Senior Pastor MARCH 8, 2017 ‘SUMMER WOODARD TOWN OF FRANKLIN PO Box 1473 FRANKLIN, NC 28744 DEAR SUMMER, THANK YOU FOR TAKING TIME TO SPEAK WITH ME THIS WEEK REGARDING OUR SUNRISE SERVICE ON EASTER MORNING. WE HAD SUCH A GREAT RESPONSE FROM OUR CHURCH AND ‘THE COMMUNITY, WE WOULD LIKE TO HAVE OUR SERVICE AT ‘THE GAZEBO DOWNTOWN AGAIN THIS YEAR. WE ARE REQUESTING THAT THE STREET BE CLOSED DOWN FROM GAM — 9 AM FOR SAFETY REASONS. FEEL. FREE TO CONTACT ME IF THERE IS ANYTHING ELSE YOU NEED. JAVE A BLESSED DAY, Dayo loeb DAYNA CORBIN SECRETARY HOLLY SPRINGS BAPTIST CHURCH 366 Holly Springs Church Road * Franklin, North Carolina 26734 828.524.5564 + www.hollyspringsbaptist.ora Agenda Item — Board of Aldermen ‘Meeting Date: April 3, 2017 Agenda Item #: 7 (D) Department/Agency: Administration Subject Matter: Depot Street Sidewalk Construction Agreement between the Town of Franklin and the North Carolina Department of Transportation. 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) Town Attorney will provide wording, Attachments: Yes _X_ No Action Taken: $$ STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Roy Coorer JAMES H.TROGDON, IIT Govinwon ‘Secnetany March 14, 2017 Mr. Justin Setser Town Planner P.O. Box 1479 Franklin, NC 28744 Dear Mr. Setser: ‘The Department has finalized the agreement between the Town of Franklin and NCDOT for the construction of sidewalk on SR 1729 Depot Street. Enclosed are two copies of this agreement for your execution. Please complete page 5 in its entirety and return all copies to me with a check for '$55,200 for the 20% match. The check should be made payable to the North Carolina Department of Transportation. Once I receive the partially executed agreement, I will forward to Mr. Mike Holder, Chief Engineer for execution. Once completed, one executed copy of the final agreement will be returned to you. Thank you. Sincerely, Wanda H. Austin PE CPM Project Team Lead "Nothing Compares ‘Suse of Noa Cua | Dox of Tanspartion| Divison 253 abser Roe Sa, NCH 821 sonste2iatT TOWN OF FRANKLIN Post Office Box 1479 Franklin, North Carolina 28744 (828) 524-2516 November 7, 2016 Mr. David Wasserman, PE NCDOT Strategic Prioritization Office 1534 Mall Service Center Raleigh, NC 27699-1534 Re: Letter of Support to Provide Local Funding Match for Bicycle/Pedestrian Project Dear Mr. Wasserman, The Town of Franklin submitted a Bicycle/Pedestrian project via the Southwestern RPO for scoring and ranking in NCDOT's strategic prioritization process developed in accordance with the Strategic Transportation Investments (STI) law. The Town of Franklin understands that a local match is required for STI-funded Bicycle/Pedestrian projects. This letter confirms this understanding, The Town of Franklin will be required to provide a 20% non-federal local match for the following project, if it is programmed for future funding per the STI-prioritization process: 8141178: idewalk on Depot Street (from US 441 Business to Wayah Street) The Town of Franklin is aware that local funding will be required when the project is authorized by NCDOT, and the project is subject to additional requirements to be described in agreements with NCDOT. The Town of Franklin also understands that this letter of commitment does not guarantee that any project will be included in the NCDOT 10-year work program, Sincerely, Summer Woodard Town Manager oe NCDOT Prioritization 4.0 Project Summary ‘SPOT ID: B141178 Status: Submitted FromiGross Street: US 441 Business (East Main St) pacific Improvement Type: 5. Protected Linear Pedestrin Facility (Pedestrian) To: SR 1667 Wayah St Project Category: Division Needs Length: 0.62700943 TIP#: EB-5758 Cost to NCDOT: $262,800 Description: Construct missing sections of sidewalk along west side of Depot St. Construct new sidewalk along east side. Division(s): Divison 14 ‘County(s): MACON MPOS(s)/RPO(s): Southwestern RPO ‘0vte2016 0811 PM ksPed “ ‘SR 1729 Depot Sweet SPOT iD: Bratt7@ | | (Quantitative Score Division Engineer Points [MPOIRPO Points NA (Quantitative Score Division Engineer Points MPOIRPO Points NA) [Division Engineer Points MPOIRPO Points ‘Safety (159), im Progress: [Percent 25% Percent: 25% |Access (10%) In Progress. Points: Points: |Demand/Density (10%) In Progress: |Connectivity (10%) in Progress. ICost Effectiveness (5%) In Progress ‘Totals: Welght: 60% Weighted Score: 0 Criteria Measures “Criteria Measure: S Raw Value ] “Béaled Value Number of Crashes (40%) 0 0 \Safety [Average Speed Limit Points (40%) 35 0 Project Safety Benefit (20%) 0 0 [Access Destination Type(s) Points (60%) 0 e Distance to Prime Destination (60%) 084 0 [DemandiDensity _ [Persons per Squre Mile (60%) 664.08 0 Employees Per Square Mile (60%) 64.08 o (Connectivity [Connectivity Value (100%) 0 0 [Gost Effectiveness |Cost Effectiveness Value (100%) 0 0 ‘oraro16 0531 Fea ‘BePes '5R.1729 Cepat Steet SPOT: 8161178 Project Data Data: Project Cost: Project Local: [Construction Cost 3276000 IName of Adopted Plan: Macon County Right-oF Way Cost $24,000) lcrP 2011 [Discussed wth Division [Yes [Remaining PEIDecign Gost $18,000] [Within mil of 8 Schoot? [Yes [Fotal Project Cost 3316000 [Local Governments) where | Frankin NC (Other Funding: 355,200) projects located Pamary Destination Municipal Genter | [Other Funding Source: Distance to Primary Destination: 064] |Costto NDOT: $262,800] i fF Major Centers 2 : [# Secondary Centers: q [Average Speed Limit 35] fy Connection Points 7 [Right-ot Way % Acquired 20} IPE / Desgin % Gonpleted 9 [Environmental Doc, Type: (Categorical Exclusion Type Ml [Bioyele Crashes: ry Pedestain Crashe ql Persons per Square Mi: 64.09 Employees per Square 705578 ‘ Submited by: ‘or100%8 0517 Pa eee us ‘SR 1729.eput Srest ‘SPOT ID: 8141178 | Project Ownership | Division Division Percent Regional impact Points | Division Needs Points [Division 14 100% 0 0 o% o 0 0% @ o [TOTAL Divison Points ° 0 MPORPO MPOIRPO Percent Regional Impact Points | Division Needs Points i [Southiestem RPO 100% ° 0 O% @ 0 O% 0 0 [TOTAL MPOIRFO Points 0 0 ‘ar18720%8 08:11 PM BikePes NORTH CAROLINA DOT CONSTRUCT AGREEMENT MACON COUNTY DATE: 3/7/2017 NORTH CAROLINA TRANSPORTATION OF ‘TRANSPORTATION ‘AND Project: EB-5756 WBS Elements: 50433.1.1 ‘TOW OF FRANKLIN CFDA: 20.208 THIS AGREEMENT is made and entered into on the last date executed below, by and between the North Carolina Department of Transportation, an agency of the State of North Carolina, hereinatter referred to as the “Department” and the Town of Franklin, a municipal corporation, hereinafter referred to as the “Municipality” WITNESSETH: WHEREAS, the Department and the Municipality propose to make certain improvements under sald project in Macon County; and WHEREAS, the parties to this Agreement have approved the construction of said Project with cost participation and responsibilities for the Project as hereinafter set out NOW, THEREFORE, the parties hereto, each in consideration of the promises and undertakings of the other as herein provided, do hereby covenant and agree, each with the other, as follows: SCOPE OF THE PROJECT 4, The Project consists of construction of missing sidewalk on the west side of SR 1729 (Depot Street) and new sidewalk on the east side of Depot Street from US 441 Business to SR 1687 (Wayah Street). PLANNING AND DESIGN 2, The Department shall prepare the environmental and/or planning document, and obtain any ‘environmental permits needed to construct the Project, and prepare the Project plans and ‘Agreement 1D #7112 1 b. Inthe event the Municipality fails for any reason to pay the Department in accordance with the provisions for payment as hereinabove provided, the Municipality hereby authorizes the Department to withhold so much of the Municipality's share of funds allocated to said Municipality by the General Statutes of North Carolina, Section 136- 41.1, until such time as the Department has received payment in full. ADDITIONAL PROVISIONS 8. Itis the policy of tne Department not to enter into any agreement with another party that has been debarred by any government agency (Federal or State). The Municipality certifies, by signature ofthis agreement, that neither it nor its agents or contractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation inthis ‘transaction by any Federal or State Department or Agency. 9, The Municipality will indemnify and hold harmiass the Department, FHWA, and the State of North Carolina, their respective officers, directors, principals, employees, agents, successors, and ‘assigns from and against any and all claims for damage andior lability in connection with the project activities performed pursuant to this Agreement including construction of the Project. The Department shall not be responsible for any damages or claims for damages, which may be initiated by third partes. 10. Allterms and conditions ofthis Agreement are dependent upon and subject to the allocation of funds for the purpose set forth in the Agreement and the Agreement shall automatically terminate if funds cease to be available. 41, By Executive Order 24, issued by Governor Perdue, and N.C. G. S.§ 133-32, itis unlawful for ‘any vendor or contractor (Le. architect, bidder, contractor, construction manager, design professional, engineer, landlord, offeror, seller, subcontractor, supplier, or vendor), to make gifts cor to give favors to any State employee of the Governor's Cabinet Agencies (/.8,, Administration, ‘Commerce, Correction, Crime Control and Public Safety, Cultural Resources, Environment and Natural Resources, Health and Human Services, Juvenile Justice and Delinquency Prevention, Revenue, Transportation, and the Office of the Governor), 42, Pursuant to G.S. 147-8659, any person identified as engaging in investment activities in ran, determined by appearing on the Final Divestment List created by the State Treasurer pursuant 10 GS. 147-86 58, is ineligible to contract with the State of North Carolina or any political subdivision of the State, The Iran Divestment Act of 2015, G.S. 147-88.55 ef seq. requires that each vendor, prior to contracting with the State, certify that the contracting party meets the requirements of the Iran Divestment Act. The State Treasurer's Final Divestment List can be Agreement ID #7112 3 found on the State Treasurer's website at the address www.nctreasurer.conviran and will be updated every 180 days. By execution of this Agreement each Party certifies that neither it nor its Agents or Contactors/Subcontractors are on the Final Divestment List of entities that the State Treasurer has determined engages in investment activities in Iran; and neither Party shall utlize on any contract with the State agency any subcontractor that is identified on the Final Divestment List. Furthermore, each Party certifies that the undersigned are authorized by the Parties to make this Certification. During the term of this Agreement, should the Parties receive information that a person is in Violation ofthe Act as stated above, the Department will offer the person an opportunity to respond and the Department will take action as appropriate and provided for by law, rule, or contract. Should this Act be voided by NC General Statute, this Agreement wil remain valid; however this certification will no longer be required. ITIS UNDERSTOOD AND AGREED that the approval of the project by the Department is subject to ‘the conditions of this Agreement and that no expenditure of funds on the part of the Department will be made unti the terms of this Agreement have been compliad with on the part of the Municipaity. ‘Agreement ID #7112 4 IN WITNESS WHEREOF, this Agreement has been executed, in duplicate, the day and year heretofore set out, on the part of the Department and the Municipality by authority duly given. LS. ATTEST: ‘TOWN OF FRANKLIN BY: By: TMMLE: TIE: DATE: N.C.GS. § 133-32 and Executive Order 24 prohibit the offer to, or acceptance by, any State Employee of any gift from anyone with a contract with the State, or from any person seeking to do business with the State. By execution of any response in this procurement, you attest, for your entire ‘organization and its employees or agents, that you are not aware that any such gift has been offered, accepted, or promised by any employees of your organization. Approved by cof the local governing body of the Town of Franklin as, attested to by the signature of Clerk of said governing body on (021) This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. (SEAL) TENANCE OFFICER) Federal Tax Identification Number Remittance Address: ‘Town of Franklin DEPARTMENT OF TRANSPORTATION By: (CHEF ENGINEER) DATE: APPROVED BY BOARD OF TRANSPORTATION ITEM O: (onTe) Agreement ID #7112 5 Agenda Item — Board of Aldermen. Meeting Date: April 3, 2017 Agenda Item #: 7 (E) Department/Agency: Administration ‘Subject Matter: Discussion on Speed Enforcement on Bidwell Street. Town Manager Summer Woodard will present this item, Information will be distributed at the board meeting. Department Head's Comments/Recommendation: N/A ‘Town Manager's Comments/Recommendation: N/A Suggested Motion: Information only. No motion is needed. Attachments: Yes __ No_X Action Taken: Agenda Item - Board of Aldermen Meeting Date: April 8, 2017 Agenda Item #: 7 (F) Department/Agency: Finance Subject Matter: Budget Amendment. Finance Officer Kyra Doster 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 #°S: PROM: DEPARTMENT: POLICE EXPLANATION: APPROPIRATE EDS FROM BUCKEYE BRIDGE LLC FOR POLICE OFFICERS DIRECTING TRAFFIC ACCOUNT DESCRIPTION INCREASE __ DECREASE 10-3839-890 MISCELLANEOUS, 360.00 19-4310-125 OVERTIME. 360.00 REQUESTED BY DEPARTMENT HEAD. RECOMMENDED BY FINANCE OFFICER, APPROVED BY TOWN MANAGER ACTION BY BOARD. APPROVI ED ON MI D. DATE CLERK ENTERED. Agenda Item ~ Board of Aldermen Meeting Date: April 3, 2017 Agenda Item #: 8 (A) Department/Agency: Legal Subject Matter: Cross-Connection Control Ordinance. 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) Town Attorney will provide wording. Attachments: Yes_X_ -No__ Action Taken: Ordinance No. 2017-005 AN ORDINANCE AMENDING CHAPTER 52 OF THE TOWN CODE OR ORDINANCES TO ENACT A CROSS-CONNECTION CONTROL ORDINANCE WHEREAS, pursuant to Chapter 160A, Article 16 of the North Carolina General Statutes, the Town of Franklin is authorized to operate certain public enterprises, including a water supply and distribution system; and WHEREAS, the Town of Franklin does operate such a “I stem, the use and operation of which is governed by Town policies and ordinances, ing inter alia Chapter 52 of Town Code of Ordinances; and ih, gf" WHEREAS, the Town of Franklin is a ‘ ly weer system in accordance with applicable state and federal laws and regulations, nl Ke Safe Drinking Water Act (P.L. 93-523) and Title 15(\)] sien 8C thi essence State Administrative Code, and further desires to ¢hgourage compliance igs North Carolina State Building Code; oat i, lb WHEREAS, the Board of Ald i ‘the rool lin is authorized pursuant to Chapter 160A, Article 8 of the No i te tutes to adopt and amend. ordinances providing for, among ot! ii oe of the Town; WHEREAS, the se en N Ha expedient to adjust, revise and amend Geitain providitins of the if 4 bl rd in the chapter listed a in ma ing ie adi fs regulations within the Town, No} io ig by he Board of Aldermen of the Town of Fi i i “ti, ih ‘iy ip a iy ‘There is wall bdopte lige Connection Control Ordinance for the Town of Franklitjittached heretolfs ExhibW/A, and to be codified and published as an amendment i ater 52 plating tothe Town of Franklin’ Section 2. Excepi al ‘ hereby shall remain inl force and effect as previously enacted. Seetion 3. 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 Towa of Franklin is hereby authorized and ordered to file a copy of said ordinance in the Office of the Town Clerk. Said ordinance shall be presumptive evidence in all courts and places of the ordinances and all provisions, 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. {CS: 00042468. DOCX} n favor ae en 7 saan 8. ne MN nema af art " 7 “nh a (! f oa Toth < lly .TTE! ent, rr Wu pre ‘\y \ < ©. hy i, ‘(| “ Ny oT Ny ) i" i . My ly iy 3 3 X) oc: cea 0004: Ss {Cc CROSS-CONNECTION CONTROL ORDINANCE Town of Franklin INTRODUCTION “The purpose ofthis Cross-Conneetion Control Ordinance is to define the authority of the ‘Town of Franklin asthe water purveyor in the elimination ofall eross connections within its public potable water supoly. This Ordinance sall apply to all users connected tothe Town of Franklin's public potable water supply regardies of whether the user is located within the town limits or outside of the town limit, “This Ordinance will comply with the Federal Safe Drinking Water Act (P.L, 93-523), the North Carolina State Administrative Code (Title 15A, Subchapter §C), andthe North Carolina State Building Code (Volume If) as they pertain to cross connections withthe public water supply. OBJECTIVES OF ORDINANCE The specific objectives ofthe Cross-Connection Control Ordinance forthe Ton of Franklin are as follows: a, Toprotect the public potable water supply against actual or potential contamina by isolating within the consumer's water system, contaminants or pollutants whi could, under adverse conditions, backflow through uncontrolled cross connections into the public water system, between the ing system(s). b, Toceliminate or control existing cross connections, actual or potenti ‘consumer's potable water system(s) and non-potable of industrial pi ©. To provide continuing inspection program of cross connection control which will systematically and effectively control all actual or potential eross connections which rmay be installed in the future. {€S: 00042471.D0C} RESPONSIBILITIES Responsibility Health Agency ‘The North Carolina Department of Environment Health, and Neural Resouroes (Diision of Health Services) ha tho responsibilty for promulgting and enforcing laws, rues, regulations, aad polices tobe followed in earrying out an effective Cross ‘Connection Control Program, 1 “TheN.C. Division of Health Services also has the primary responsibility of insuring that the water purveyor operates the public potable wate system fee of actual or potential sanitary hazards, including unprotected cross connections. They have the futher reponsbiliy of insuring that the weter purveyor provides an approved water supply at the service connection to the consumer's water system and, arter, that he requires the installation, testing, and mtntenance of an approved backflow prevention assembly on the service eonncetion as required. 2. Responsibiiv: Water Purveyor [Except as, otherwise provided herein, the water purveyors responsibilty to ensure a safe ‘water supply begins a the source and includes all ofthe public water dstibution system, Including the service connection, and ends atte point of delivery tothe consumers water system(s). In addition the water purveyor shall exereise reasonable vigilance to insure that the Consumer has taken the proper steps to protect the public potable water system. To insure that the proper precautions are taken the Town of Franklin i required to determine the depres of hezard or potential hazard to te public potable water system; to determine the degree of protection required; and to ensure proper containment protection through an on-going inspection program, ‘When itis determined that a backflow prevention assembly is required for the protection of the publi system, the Town of Franklin shall require the consumer, at the consumer's expense, to install an approved backflow prevention assembly at each service connection, to test immediately upon installation and thereafter at ‘frequency as determined by the Town of Franklin, to properly repair and maintain such assembly of assemblies and to keep adequate records of each test and subsequent main:enance and repair, including materials and/or eplacement pats. 3, Resconsibility: Plumbing Inspections ‘Ths luting intpectioa departments of the Town of Htinklin| end Macon County have the esponsibility to not only review building plans and inspect plumbing as itis installed; (CS: 00012471.D00} (Cemegsioin ati we athe ie wind obs aaa “tintin meted oh er ists Sete 5 ‘br, they have the explicit responsibility of preventing cross connections from being

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