NC - Hendersonville: Regular Meeting

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Regular Meeting

A G E N D A CITY OF HENDERSONVILLE CITY COUNCIL REGULAR MEETING

Tagged Interests: council

[ELECTRONIC]

JUNE 4, 2020 5:45 P.M.

ASSEMBLY ROOM - OPERATIONS CENTER 305 WILLIAMS ST.

HENDERSONVILLE NC 28792

1. Call to Order

2. Invocation and Pledge of Allegiance to the Flag

3. Public Comment Time: Up to 15 minutes is reserved for comments from the public for items not listed on the agenda

4. Consideration of Agenda

5. Consideration of Consent Agenda: These items are considered routine, noncontroversial in nature and are considered and approved by a single motion

and vote.

A. Consideration of Minutes:

i. May 7, 2020 Regular Meeting ii. May 8, 2020 Budget Special Meeting iii. May 18, 2020 Special Meeting

Tagged Interests: budget

B. Consideration of Vehicle and Equipment Installment Financing

Tagged Interests: equipment

C. Consideration of Amendment 4 of the French Broad River Intake Project Engineering Agreement

D. Consideration of a One-Time Compensatory Time Waiver

E. Consideration of a Special Event Permit for the Hendersonville Farmer s Market

Tagged Interests: market, agriculture, and events

F. Consideration of Budget Amendments

Tagged Interests: budget

G. Consideration of Documents to Apply for FEMA Assistance and Reimbursement

Tagged Interests: FEMA

6. Administration of the Oath of Office of City Clerk Presenter: City Manager John Connet and Mayor Barbara Volk

Tagged Interests: administrator and manager

Additions: Item 5G 11A

Tagged Interests: 5g

Addition

2

7. Public Hearing - Consideration of the Adoption of the Budget Ordinance Making Appropriations for Certain Expenses, Capital Improvements and

Indebtedness of the City Of Hendersonville, North Carolina, for the Fiscal Year Beginning July 1, 2020 and Ending June 30, 2021 for Fiscal Year 2020-21 Presenter: City Manager John Connet
Tagged Interests: funding, ordinance, budget, capital spending, Capital Spending, hearing, administrator, and manager

8. Public Hearing Consideration of an Order to Close a Portion of an Unopened and Unimproved Alley between Williams Street and Harris Street

Presenter: Development Assistance Director Susan Frady
Tagged Interests: streets, development, Development, and hearing

9. Public Hearing Consideration of an Order to Close a Portion of an Unopened and Unimproved Right-of-Way for Roberson Avenue Presenter: Development

Assistance Director Susan Frady
Tagged Interests: development, Development, and hearing

10. Public Hearing Consideration of an Order to Close a Portion of an Unopened and Unimproved Right-of-Way for Sixth Avenue East Presenter:

Development Assistance Director Susan Frady
Tagged Interests: development, Development, and hearing

11. Consideration of the Purchase of Holbert Property Presenter: City Attorney Sam Fritschner and City Engineer Brent Detwiler

Tagged Interests: legal, purchasing, and property

ADDITION: 11A . Consideration of the Purchase of Kelly-Orr Property

Tagged Interests: purchasing and property

Presenter: City Attorney Sam Fritschner and City Engineer Brent Detwiler

Tagged Interests: legal

12. Consideration of the Purchase of the Jackson Property Presenter: City Manager John Connet

Tagged Interests: purchasing, property, administrator, and manager

13. Consideration of a Request of the Chamber of Commerce Presenter: Chamber President Bob Williford

14. Consideration of Adoption of a Bond Order Authorizing the Issuance of a Short-Term Interim Financing Contract with Home Trust Bank for the new

Police Headquarters Presenter: Budget Analyst Adam Murr
Tagged Interests: budget, bond, contract, and public safety

15. Reports/Comments by Mayor and City Council Members

Tagged Interests: council

16. Staff Reports

a. Scheduling of Special Meeting to Adopt the Annual Budget Ordinance and a Closed Session for Personnel Matters

Tagged Interests: ordinance, budget, and personnel

17. Appointments to Board/Commissions Presenter: City Manager John Connet

Tagged Interests: boards and commissions, appointments, administrator, and manager

18. New Business

Tagged Interests: business and economic development

19. Closed Session as Provided under NCGS 143 318.11(a)(5) and (6) 20. Adjourn

REGULAR MEETING MAY 7, 2020 PAGE 1

M I N U T E S May 7, 2020

REGULAR MEETING OF THE CITY COUNCIL [ELECTRONIC] ASSEMBLY ROOM OPERATIONS CENTER

Tagged Interests: council

5:45 p.m.

Present: Mayor Barbara G. Volk and Council Members: Jeff Miller, Jennifer Hensley Participating Electronically: Mayor Pro Tem Smith, Council Member

Lyndsey Simpson Staff Present: City Manager John F. Connet, City Attorney Sam Fritschner, City Clerk Tammie Drake,
Tagged Interests: council, legal, administrator, and manager

Development Assistance Director Susan Frady, Planner Tyler Morrow, Communications Manager Allison Nock, Assistant Manager Brian Pahle

Tagged Interests: development, Development, communications, manager, and Communications

This meeting was held electronically to comply with the stay-at-home restrictions in place to avoid the spread of COVID-19. Public comments for the

scheduled public hearings were received electronically beforehand. Roll call votes were taken to meet all requirements. 1. Call to Order: Mayor Volk called the regular meeting to order at 5:45 p.m. and welcomed those in attendance. A quorum was established with three members in attendance physically and two participating electronically. 2. Invocation and Pledge of Allegiance to the Flag: There was a moment of silence for prayer followed by the Pledge of Allegiance to the Flag. 3. Public Comment Time: Up to 15 minutes is reserved for comments from the public for items not listed on the agenda. The following comments were provided by electronic means.
Tagged Interests: shelter in place, coronavirus, religion, and hearing

Mayor Volk read comments from: Mary Delafuenta, commented on the City s policy for deposits on utility accounts. Ken Fitch, 1046 Patton Street,

commented on public involvement for zoning and development projects, the public s access to the process, etc. 4. Consideration of Agenda:
Tagged Interests: utility, development, Utility, zoning, Development, and policy

Addition to Regular Agenda:

11a. Consideration of Authorization to Initiate Eminent Domain Action for the Acquisition of a Sewer Line Easement Associated with the Halfway Tree

Mobile Home Park
Tagged Interests: sewer, utility, Utility, parks, trees, commercial, eminent domain, and easement

Council Member Miller moved approval of the agenda as amended. A unanimous [roll call] vote of the Council followed. Motion carried. 5. Consideration

of Consent Agenda: Consent agenda items are considered routine, non-controversial in nature and are considered and disposed of through a singular motion and vote.
Tagged Interests: council

A. Consideration of Minutes:

April 2, 2020 Regular Meeting April 22, 2020 Workshop

B. Consideration of Utility Extension Agreement - Cantrell Hills and Townes at Stonecrest Development: City Engineer Brent Detwiler reported The

Cantrell Hills and Townes at Stonecrest Development located off Clear Creek Road proposes to extend the City's water distribution and sanitary sewer collection systems to serve a proposed development. He provided a Utility Extension Agreement (UEA) outlining the process and assigns responsibilities to the developer and the City. Because gravity sanitary sewer is not available, Mr. Detwiler stated as part of this UEA, the developer agrees to compensate the City the current estimated value of a sanitary sewer pumping station which will be constructed in accordance with City standards to serve the proposed development. In return the City will expedite the installation of the Clear Creek Interceptor Replacement Project, identified in the City's Capital Improvement Plan (CIP), which will allow the proposed development to be served with gravity sanitary sewer. C. Consideration of Engagement Letter from Greene, Finney LLP and Contract to Audit the City's Financial Statements for Fiscal Year Ending June 30, 2020:
Tagged Interests: finance, sewer, streets, utility, development, capital spending, Utility, contract, Capital Spending, water, Development, audit, and financial report

REGULAR MEETING MAY 7, 2020 PAGE 2

As required by the North Carolina General Statutes Paragraph 159-34, Finance Director John Buchanan provided an Engagement Letter from Greene, Finney

LLP, and the contract to audit the City of Hendersonville's financial statements for the fiscal year ending June 30, 2020. He also provided a letter of required communications from the auditor to City Council. D. Ratification of COVID-19 Positive Test: Human Resources Director Jennifer Harrell reported the Center for Disease Control advises if an employee is confirmed to have COVID-19, employers should inform fellow employees of their possible exposure to COVID-19 in the workplace but maintain confidentiality as required by the Americans with Disabilities Act (ADA). Under the ADA, employers are required to maintain the confidentiality of any medical information they receive, including the name of the affected employee. She presented a policy for employees testing positive for COVID-19 and for employees that have had close contact with an employee diagnosed with COVID-19.
Tagged Interests: coronavirus, finance, council, disability, contract, communications, audit, policy, human resources, Communications, and financial report

COVID-19 POSITIVE TEST In the event an employee tests positive for Covid-19, the following protocol shall be followed. The City of Hendersonville has

a general duty to provide a safe workplace. The CDC advises that if an employee is confirmed to have COVID-19, employers should inform fellow employees of their possible exposure to COVID-19 in the workplace but maintain confidentiality as required by the Americans with Disabilities Act (ADA). Under the ADA, employers are required to maintain the confidentiality of any medical information they receive, including the name of the affected employee. Any employee who tests positive with COVID-19 may return to work under the following conditions:
Tagged Interests: coronavirus, disability, and events

At least 3 days (72 hours) have passed since recovery defined as resolution of fever without the use of fever- reducing medications and Improvement

in respiratory symptoms (e.g., cough, shortness of breath); and, At least 7 days have passed since symptoms first appeared. OR, you received two negative tests in a row, 24 hours apart.

An employee who test positive for COVID-19 may use up to 80 hours of Emergency Paid Sick Leave, after which he/she will need to use their accrued

leave.
Tagged Interests: coronavirus and emergency

Any employee who has had close contact with the COVID-19 diagnosed employee should follow the guidelines below. Watch for symptoms such as fever,

cough, and shortness of breath. If mild symptoms develop, remain at home at least 7 days since symptoms started and at least 3 days (72 hours) have passed since recovery defined as resolution of fever without the use of fever-reducing medications. If moderate or severe symptoms develop that require medical attention, contact a health provider informing them of close contact with a known case of COVID-19.
Tagged Interests: coronavirus and health

Approved by: /s/John F. Connet, City Manager This policy may be modified by the City Manager as needed and ratified by the City Council at their next

meeting.
Tagged Interests: council, administrator, manager, and policy

E. Ratification of Emergency Family Medical Leave Act (FMLA) Policy: Human Resources Director Jennifer Harrell reported staff has reevaluated the

current Emergency Family and Medical Leave Expansion Act Policy to update the definition of who is a childcare provider based upon recommendations from the U.S. Department of Labor. She explained the Act states a childcare provider is defined as one who provides childcare services on a regular basis and receives compensation for those services. It excludes the situation where a family member has been providing childcare and is no longer available. She stated the US Department of Labor definition of childcare includes individuals paid to provide childcare, like nannies, au pairs, and babysitters. It also includes individuals who provide childcare at no cost and without a license on a regular basis, for example, grandparents, aunts, uncles, or neighbors.
Tagged Interests: compensation, expansion, services, emergency, license, policy, human resources, and Child Care

EMERGENCY PAID SICK LEAVE The City of Hendersonville is taking proactive steps to protect the workplace in the event of an infectious disease

outbreak. It is the City s goal during any such time period to strive to operate effectively and ensure that all essential services are continuously provided and that employees are safe within the workplace. The City of Hendersonville is committed to providing authoritative information about the nature and spread of infectious diseases, including symptoms and signs to watch for, as well as required steps to be taken in the event of an illness or outbreak. Per new federal legislation the City of Hendersonville will provide eligible employees with emergency paid sick leave under certain conditions. The City of Hendersonville provides eligible employees with emergency paid sick leave under certain conditions. Eligibility All employees are eligible for emergency paid sick leave. Reason for Leave You may take emergency paid sick leave if you are unable to work (or telework) because:
Tagged Interests: services, events, and emergency

1. You are subject to a federal, state, or local quarantine or isolation order related to COVID-19; 2. You have been advised by a health care

provider to self-quarantine because of COVID-19; 3. You are experiencing symptoms of COVID-19 and are seeking a medical diagnosis; 4. You are caring for someone subject to a federal, state or local quarantine or isolation order related to COVID-19 or who has been advised by their healthcare professional to self-quarantine for COVID-19 related reasons; 5. You are caring for a child whose school or place of care is closed, or whose childcare provider is unavailable, due to COVID-19 precautions; or 6. You are experiencing substantially similar conditions as specified by the Secretary of Health and Human Services, in consultation with the Secretaries of Labor and Treasury.
Tagged Interests: coronavirus, health, services, healthcare, education, and Child Care

Duration/Compensation Employees are entitled to: Full-time employees: 80 hours of pay at their regular pay rate. However, when caring for a family

member (for reasons 4, 5, and 6 above), sick leave is paid at two-thirds the employee s regular rate. Part-time employees: Pay for the number of hours the employee works, on average, over a two-week period. Paid leave under this policy is limited to 511 per day ( 5,110 in total) where leave is taken for reasons 1, 2, and 3 described above (generally, an employee s own illness or quarantine); and no less than two-thirds the employee s regular rate where leave is taken for reasons 4, 5, or 6 (care for others or school closures); for reasons 4,5 and 6 the new Act
Tagged Interests: compensation, education, policy, and School Consolidation

REGULAR MEETING MAY 7, 2020 PAGE 3

limits this pay entitlement to 200 per day ( 2,000 in total). Employees may use accrued leave to make up the missing one third pay. Leave Rules You

may elect to use emergency paid sick leave before using any accrued paid leave. No leave provided by the City before April 1, 2020 may be credited against your leave entitlement. In addition, emergency paid sick leave cannot be carried over after December 31, 2020. Requesting Leave If you need to take emergency paid sick leave, provide notice as soon as possible. The employee is to submit the Employee Request for Emergency Paid Sick Leave form to their department head. The department head shall send this form to Human Resources immediately for review and processing. All other normal call-in procedures apply to all absences from work. Retaliation The City of Hendersonville will not retaliate against employees who request or take leave in accordance with this policy. Expiration This policy expires on December 31, 2020. Approved by: /s/John F. Connet, City Manager This policy may be modified by the City Manager as needed and ratified by the City Council at their next available meeting.
Tagged Interests: council, procedure, emergency, administrator, manager, policy, and human resources

F. Ratification of Temporary Leave and School Closure Policy: Human Resources Director Jennifer Harrell reported Staff has reevaluated the current

Temporary Leave and School Closure Policy. The update reflects removing the statements advancing sick leave and adding the portion that the City will allow employees to use up to 80 hours of City Administrative Sick Leave. This will ensure employees are not required to pay back leave and they aren't required to use all of their accrued leave prior to the availability of leave.
Tagged Interests: education, policy, human resources, and School Consolidation

TEMPORARY LEAVE AND SCHOOL CLOSURE POLICY The City of Hendersonville is taking proactive steps to protect the workplace in the event of an infectious

disease outbreak. It is the City s goal during any such time period to strive to operate effectively and ensure that all essential services are continuously provided and that employees are safe within the workplace. Temporary Leave Policies
Tagged Interests: services, events, education, policy, and School Consolidation

a. During this State of Emergency related to this infectious disease, all leave policies will be relaxed to allow employees to use any form of

accrued leave to self-isolate or self- quarantine, if you are unable to telework for the following reasons: you are subject to a federal, state or local quarantine or isolation order related to COVID-19; you have been advised by a health care provider to self -quarantine because of COVID-19; you are experiencing symptoms of COVID-19 and are seeking a medical diagnosis. b. Employees who have pending transferred sick leave will be awarded those transfers immediately. c. During the pandemic State of Emergency, full time employees will be allowed up to 80 hours of City Administrative Sick Leave related to COVID-19. Part-time employees will be paid for the number of hours the employee works, on average, over a two-week period. This is in addition to the hours given in the Emergency Paid Sick Leave Act which has further guidance. Any employee using City Administrative Sick Leave or Emergency Paid Sick Leave must contact Human Resources. Employees who have exhausted all forms of leave may be advanced up to 14 days of sick leave. Employees must contact Human Resources prior to exhausting all leave to begin the advanced sick leave process. Advanced sick leave must be repaid with future sick leave accrual. If an employee s employment is terminated prior to satisfying the advanced sick accrual, a deduction shall be made from the employee s final check to the extent allowed by law to cover the value remaining that was advanced to the employee or the employee shall make a cash payment to the City for the balance remaining. d. The Temporary Telecommuting Arrangement Policy will be in place during this time frame to allow the City Manager in conjunction with Department Heads to make decisions about telework to allow for continuity of operations. e. If telecommuting is not conducive for continuity of operations, staff rotation and shift adjustments may become necessary. f. No overtime will be allowed for work completed off-site due to this protocol.
Tagged Interests: coronavirus, health, emergency, employment, administrator, manager, policy, and human resources

School/Daycare Closings If an employee is unable to arrange childcare services while their child s school is closed due to the current state of

emergency, the following applies:
Tagged Interests: preschool, services, emergency, education, and Child Care

a. For the safety of all children and employees, children should not be brought to work. Any employee who can work from home during this period is

encouraged to do so. b. During this state of emergency related to this infectious disease, all leave policies will be relaxed to allow employees to use any form of accrued leave to take care of their children.
Tagged Interests: emergency

Approved by: /s/John F. Connet, City Manager This policy may be modified by the City Manager as needed and ratified by the City Council at their next

available meeting.
Tagged Interests: council, administrator, manager, and policy

G. Consideration of Reclassification of Human Resources Analyst Pay Grade: Human Resources Director Jennifer Harrell explained after reviewing the

Human Resource Analyst position, she requested the pay grade be reclassified from pay grade 13 to pay grade 15. She provided the job description that is on file in the Human Resources Office. H. Consideration of Agreement with YMCA to Manage Patton Pool: Public Works Director Tom Wooten reported the YMCA of Western Carolina has requested to enter into another five-year agreement to operate Patton Pool and utilize the ball fields and pavilions at Patton Park for their day camp and youth programs. He requested approval of the agreement. [The agreement is available in the office of the Public Works Director.] I. Consideration of Proposed Greenway Map: City Engineer Brent Detwiler reported during the development and implementation of the recently adopted Subdivision Ordinance, Chad Meadows of CodeWright Planners strongly suggested the City adopt a greenway network map to help staff during the review of subdivision plans. The map would serve to inform staff and developers where greenways may be required during the
Tagged Interests: ordinance, development, subdivision, program, parks, Development, Public Works, public works, human resources, and youth

REGULAR MEETING MAY 7, 2020 PAGE 4

subdivision process. In addition, having a proposed greenway network better defined in an adopted map will be useful as staff applies for future

greenway/trail grants. Mr. Detwiler provided an interactive greenway network map with data gathered from the Henderson County Greenway Master Plan and combined it will potential greenway extensions along area streams and existing sewer lines. He noted staff will work to develop a greenway master plan and combine it with much-needed revisions to the 2007 Pedestrian Plan. The greenway map will be further refined during this planning process. He requested approval of the proposed Greenway Network Map. J. Consideration of the Certificate of Sufficiency for the Annexation of Ivy Terrace: Senior Planner Daniel Heyman presented a petition from Charles S. Campbell, Jr., Marianne Ewbank Campbell, Joseph Boothroyd Ewbank and Linda C. Ewbank for a contiguous annexation of PINs 9568-18-5388, 9568-17-5727, 9568-18-8043, 9568-18-8429 and 9568-18-9677 located at the corner of Fifth Avenue West and Westbrook Street which is approximately 15.591 acres. He provided the Clerk's Certificate of Sufficiency finding the petition is valid. He stated the next step in the annexation process is to accept the Clerk's certificate and set a date for the public hearing on the question of adoption of an ordinance of annexation for June 4, 2020 Council meeting. K. Consideration of a Resolution to Adopt the South Mountains Regional Hazard Mitigation Plan: Mr. Connet explained in order to be eligible for Federal Emergency Management Administration (FEMA) funding the City must have a recently adopted hazard mitigation plan. He presented a plan that was developed in partnership with Henderson, Polk, Rutherford and Transylvania Counties and the municipalities in each county. He recommended adoption of the resolution.
Tagged Interests: planning, funding, grant, ordinance, sewer, streets, utility, Utility, subdivision, emergency, parks, trails, hearing, annexation, disaster management, FEMA, and Pedestrian

Resolution 20-0534 RESOLUTION TO ADOPT THE SOUTH MOUNTAINS REGIONAL HAZARD MITIGATION PLAN

Tagged Interests: disaster management

WHEREAS, City of Hendersonville is vulnerable to an array of natural hazards that can cause loss of life and damages to public and private property;

and WHEREAS, the City of Hendersonville desires to seek ways to mitigate situations that may aggravate such circumstances; and WHEREAS, the development and implementation of a hazard mitigation plan can result in actions that reduce the long- term risk to life and property from natural hazards; and WHEREAS, it is the intent of the Hendersonville City Council to protect its citizens and property from the effects of natural hazards by preparing and maintaining a local hazard mitigation plan; and WHEREAS, it is also the intent of the Hendersonville City Council to fulfill its obligation under North Carolina General Statutes, Chapter 166A: North Carolina Emergency Management Act and Section 322: Mitigation Planning, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act to remain eligible to receive state and federal assistance in the event of a declared disaster affecting the City of Hendersonville; and WHEREAS, City of Hendersonville, in coordination with Henderson, Polk, Rutherford and Transylvania Counties and the participating municipalities within those Counties has prepared a multi-jurisdictional hazard mitigation plan with input from the appropriate local and state officials; WHEREAS, the North Carolina Division of Emergency Management and the Federal Emergency Management Agency are reviewing the South Mountains Regional Hazard Mitigation Plan for legislative compliance and will approve the plan pending the completion of local adoption procedures; NOW, THEREFORE, BE IT RESOLVED that the City Council of Hendersonville, North Carolina hereby:
Tagged Interests: planning, council, development, risk, procedure, events, emergency, Development, property, compliance, and disaster management

1. Adopts the South Mountains Regional Hazard Mitigation Plan; and 2. Agrees to take such other official action as may be reasonably necessary to

carry out the proposed actions of the Plan.
Tagged Interests: disaster management

Adopted on May 7, 2020. /s/Barbara G. Volk, Mayor Attest: /s/Tammie K. Drake, City Clerk

L. Consideration of Sale of Personal Property: City Manager John Connet reported North Carolina General Statute 160A-266(b) allows us to sell

personal property owned by the City valued at less than 30,000 at a fair market negotiated price. City Clerk Tammie Drake has requested permission to buy her City-issued cell phone from the City. The finance department researched similar devices and found the average sale price is 140. He recommended selling the Samsung Galaxy S8 to Tammie Drake for 140. M. Consideration of Grey Mill Loan Deferral Request: City Manager John Connet reported staff received a request from Ken Reiter and Matt Springer regarding deferring the City s portion of the Grey Hosiery Mill loan payments for short period of time. He reported unit leasing was going very well until the Stay at Home Order was issued by the governor. Under the 500,000 Loan, Grey Mill Ventures will defer the 100,000 payment that is due June 30 until no later than December 31, 2020. Under the 200,000 loan, Grey Mill Ventures will pay the January through March interest payments. Grey Mill Ventures will defer interest payments without penalty or accrued interest until October 1. N. Consideration of Revisions to the Utility Billing Policy and Procedures: Finance Director John Buchanan submitted revisions to the Utility Billing Policy and Procedures, Section A (3), Customer Deposits under the Utility Billing Policy document.
Tagged Interests: shelter in place, finance, leasing, market, sale, utility, Utility, procedure, property, administrator, manager, policy, and penalty

Customer Deposit. The purpose of a customer deposit is to try to ensure that all utility charges are collected. All new residential and

non-residential customers are required to pay a deposit on the most recently approved rate tier. The customer s Utility Credit Worthiness and type of service may determine the deposit tier. Upon termination of an account, the deposit may be applied to any outstanding balance. Any remaining deposit greater than 5.00, after applying to the outstanding balance, may be refunded. As part of the application process, the Customer Service Department may determine if you may be required to pay a deposit on your account based on your credit rating. With
Tagged Interests: utility and Utility

REGULAR MEETING MAY 7, 2020 PAGE 5

a good credit rating, this deposit fee may be waived. The amount of the deposit shall be set from time to time by the City Council (Rate Fee

Schedule).
Tagged Interests: council

i. Any current residential or non-residential customer that does not have a deposit with the City of Hendersonville whose service is involuntarily

terminated for nonpayment, tampering, delinquencies, returned payments, or other reasons more than twice in any 12-month period, may be required to pay a deposit in the amount described above. ii. Any customer requesting utility service who has previously had an unpaid balance to the City may be required to s a t i s f y a n y ou t s t a n d i n g b a l a n c e , plus establish a utility deposit. The City may require a signed service application in order to establish the required deposit. iii. The City has the right to apply the customer deposit to any unpaid utility charges after an account is more than 60 days past due. If all or any portion of a customer deposit is applied to past due charges, and the customer continues to receive utility services, the City may require the customer to replenish the deposit amount that may be added to the bill upon approval and subject to disconnection for nonpayment. iv. Any customer that elects not to disclose their social security number will be considered a high-risk, due to our inability to complete the credit check. Deposits will be calculated in the high-risk tier and calculated at (2) two times the deposit amount. v. Any customer with the City of Hendersonville that has a returned payment for any reason other than City error may be required to have a utility deposit established on their account within 30 days. The City may require a signed service application in order to establish the required deposit. vi. Any residential applicant(s) that are financially responsible for an established or previous account within the last 24 months and has (2) two years or more of documented payment history may have the deposit waived on a new residential account. This does not apply to non-residential customers such as rental property, commercial or industrial accounts. vii. Good credit is defined as no delinquencies, return checks, fraudulent credit/debit card transactions, tampering, and no involuntary disconnections in the past 12 months' during a continuous service period. The residential applicant(s) applying for new service must have been a primary or secondary financial responsible applicant. viii. Customers that have credit freezes hold or other account blocks that will prevent the City to access your utility credit check will allow 24 hours to release the blocks. If after 24 hours, the City is unable to receive the Utility check report, the high-risk tier will be required for deposit on the utility account. The City will not allow multiple credit checks or withdrawing of applicants once the initial credit check has been processed or the deposit has been established. ix. When one or more applicants apply for a utility account, the City will process the Utility credit check with both applicants. The deposit will be calculated on the higher risk tier for either applicant. The City will not allow multiple credit checks or withdrawing of applicants once the initial credit check has been processed or the deposit has been established. x. Non-residential accounts that apply for service with a Federal Tax Identification number will be subject to a minimum deposit in the amount most recently approved in the Utility Fee Schedule. If the applicant wishes to establish an account with an individual social security number, the City will process a Utility credit check and the applicant will be financially responsible for the utility account.
Tagged Interests: finance, taxes, Taxes, utility, security, industrial, Utility, seniors, risk, services, rental, property, commercial, and history

O. Consideration of Special Appropriations Full Funding List: (moved as item 8a).

Tagged Interests: funding

Mayor Pro Tem Smith requested item O be moved to the regular agenda for discussion. This was added as Item 8a. Council Member Miller moved the City

Council to resolve to approve the remaining items listed on the consent agenda as amended. A unanimous [role call] vote of the Council followed. Motion carried. 6. Public Hearing - Consideration of an Application from Jeff Justus to Rezone the Property Identified as PIN 9578-51-0342 located at 1601 Old Spartanburg Road from R-15 Medium Density Residential, C-3 Highway Business and C-3SU Highway Business Special Use to C-3 Highway Business: Mr. Tyler Morrow presented the application of Mr. Jeff Justus to rezone the property identified as parcel number 9578-51-0342, from R-15 Medium Density Residential, C-3 Highway Business and C-3 SU Highway Business Special Use to C-3 Highway Business. The total subject area is approximately 4.17 acres. Mr. Morrow reviewed the existing land use and zoning. He stated the subject property currently contains several structures. On July 8, 1999, City Council rezoned a section of this parcel to C-3 SU for the purpose of allowing the owner to operate an antique retail store from the existing residential structure at 1607 Old Spartanburg Road. Mr. Morrow stated parcels to the north are zoned R-15 Medium Density Residential. Parcels to the north east are zoned C-4 neighborhood commercial and contain Fitclub Inc. The parcels to the east are zoned R-15 and Community Commercial by Henderson County. Parcels to the south are zoned C-3, Community Commercial, and PRD Planned Residential Development and contain commercial uses and Hillside Commons. Parcels to the south west are zoned C-3 and I-1 industrial and contain Southern Concrete Material and Selee Corporation. Parcels to the west are zone C-3 and I-1. Parcels to the North West are zoned C-3 SU, Highway Business Special Use. Mr. Morrow reported the proposed zoning classification is C-3 Highway Business zoning district which is designed primarily to encourage the development of recognizable, attractive groupings of facilities to serve persons traveling by automobile and residents. In an analysis of the request, Mr. Morrow reviewed the dimensional requirements for the zoning district classifications as well as the uses permitted by right provided that they meet all requirements of the ordinance. Comprehensive Plan Consistency: Mr. Morrow stated according to N.C.G.S.160A-383, zoning map amendments shall be made in accordance with a comprehensive plan. The 2030 Comprehensive Plan s Future Land Use Map designates the subject area as Neighborhood activity center and Natural Resource/Agricultural. H reviewed the purpose of the category.
Tagged Interests: ordinance, business, council, strategic, agriculture, travel, development, industrial, zoning, transportation, Development, property, hearing, commercial, and neighborhood

REGULAR MEETING MAY 7, 2020 PAGE 6

Floodplain Designation: Mr. Morrow stated a portion of this property is located within the 100- year floodplain. He stated historically, some areas

of the City s planning jurisdiction were developed despite the fact that they lie within the 100-year floodplain. In order to address concerns about urban blight, this section allows redevelopment to occur on existing developed sites which no longer function as natural flood plain and when such redevelopment will not result in any further loss of floodplain functionality. Where feasible, redevelopment proposals should demonstrate an improvement in the site s functionality in the floodplain. Requirements for redevelopment are outlined in the ordinance and must be complied with prior to issuance of a zoning compliance permit. Planning Board Recommendation:The Planning Board voted unanimously to recommend City Council approve the rezoning request. Zoning Ordinance Guidelines: Mr. Morrow reviewed the factors contained in Section 11-4 of the City s Zoning Ordinance that must be considered prior to adopting or disapproving an amendment to the City s Official Zoning Map.
Tagged Interests: planning, ordinance, council, sites, boards and commissions, zoning, flooding, property, compliance, and blight

Mayor Volk opened the public hearing at 6:07 p.m. in accordance with NCGS by notice published in the Times News. The following addressed the Council:

Tagged Interests: council and hearing

Jeff Justus, 303 S. Church Street, Hendersonville, voiced support of the rezoning to redevelop the properties. Utilities are immediately available to

the property and he plans to request annexation of the property. He believes the tax value will increase to 6- 8 million.
Tagged Interests: streets, taxes, Taxes, utility, Utility, zoning, church, property, and annexation

There was no public comment submitted. The public hearing was closed at 6:10 p.m. In compliance with the newly adopted legislation by the General

Assembly as it relates to remote meetings during a Governor or General Assembly imposed state of emergency, as well as the notice published, the City Council will accept public input from the advertised date until 24 hours after the hearing. Council Member Hensley moved the City Council adopt an ordinance amending the official zoning map of the City of Hendersonville changing the zoning designation of parcel number 9578-51-0342, from R-15 Medium Density Residential, C-3 Highway Business and C-3 SU Highway Business Special Use to C-3, Highway Business, finding that the rezoning is consistent with the Comprehensive Plan s Future Land Use map and that the rezoning is reasonable and in the public interest for the reasons stated in the proposal. A unanimous [roll call] vote of the Council followed. Motion carried.
Tagged Interests: ordinance, business, council, strategic, zoning, advertising, emergency, property, hearing, and compliance

Ordinance 20-0535 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF HENDERSONVILLE

Tagged Interests: ordinance and zoning

IN RE: FILE NO. P20-15-Z; Jeff Justus, Applicant Be it ordained by the City Council of the City of Hendersonville:

Tagged Interests: council

1. Pursuant to Article XI Amendments of the Zoning Ordinance of the City of Hendersonville, North Carolina, the Zoning Map is hereby amended by

changing the zoning designation of parcel number 9578-51-0342, from R-15 Medium Density Residential, C-3 Highway Business and C-3 SU Highway Business Special Use to C-3, Highway Business. 2. This ordinance shall be in full force and effect from and after the date of its adoption.
Tagged Interests: ordinance, business, zoning, and property

Adopted this seventh day of May 2020. /s/Barbara G. Volk, Mayor Attest: /s/Tammie K. Drake, City Clerk Approved as to form: /s/Samuel H. Fritschner,

City Attorney
Tagged Interests: legal

REGULAR MEETING MAY 7, 2020 PAGE 7

7. Public Hearing to Accept Public Input Regarding the Proposed Installment Financing Contracts in a Principal Amount not to exceed 11,500,000 and

Deeds of Trust Pursuant to Section 160A-20 of the North Carolina General Statutes for the Purpose of Providing Funds to pay the Capital Costs of the Construction and Equipping of a new Police Headquarters to be Located within the Block Bounded by Ashe Street, E. Pace Street, Beech Street, and Jonas Street within the City: Assistant Manager Brian Pahle explained this hearing is one of final steps in approving the Police headquarters project. He stated this hearing is for the financing for an interim loan to begin the construction on the project until the USDA funds are awarded. He explained the USDA funds will come at the end of construction. The final hearing for the USDA funds will be the following week and expects final approval in June. Mayor Volk opened the public hearing at 6:12 p.m. in accordance with NCGS by notice published in the Times News. No one expressed a desire to speak. No comments were received. The public hearing was closed. In compliance with the newly adopted legislation by the General Assembly as it relates to remote meetings during a Governor or General Assembly imposed state of emergency, the City Council will accept public input from the advertised date until 24 hours after the hearing.
Tagged Interests: funding, construction, council, streets, contract, public safety, advertising, emergency, hearing, compliance, and manager

Mayor Pro Tem Smith moved Council to adopt a resolution directing the application to the Local Government Commission for approval of an Installment

financing contract and certain related matters. A unanimous [roll call] vote of the Council followed. Motion carried.
Tagged Interests: council, boards and commissions, and contract

RESOLUTION 20-0536

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HENDERSONVILLE, NORTH CAROLINA, AUTHORIZING THE NEGOTIATION OF AN INSTALLMENT FINANCING CONTRACT AND

PROVIDING FOR CERTAIN OTHER
Tagged Interests: council and contract

RELATED MATTERS THERETO WHEREAS, the City of Hendersonville, North Carolina (the City ) is a municipal corporation existing as such under and by

virtue of the Constitution, statutes and laws of the State of North Carolina (the State ); WHEREAS, the City has the power, pursuant to the General Statutes of North Carolina to (1) purchase real and personal property, (2) enter into installment purchase contracts in order to finance the purchase of real and personal property used, or to be used, for public purposes, and (3) grant a security interest in some or all of the property purchased to secure repayment of the purchase price; WHEREAS, the City Council of the City (the City Council ) hereby determines that it is in the best interest of the City to (a) enter into a short-term installment financing contract (the Interim Contract ) with a financial institution to be determined (the Bank ) in order to obtain sufficient funds to construct a new police headquarters (the Project ) and (b) to enter into a deed of trust and security agreement (the Interim Deed of Trust ) related to the City s fee simple interest in the real property on which the Project will be located (the Site ) that will provide security for the City s obligations under the Interim Contract; WHEREAS, the City expects to discharge this Interim Contract upon completion of the construction of the Project, at which time the City will enter into an installment financing contract (the USDA Contract, and together with the Interim Contract, the Contracts ) with the United States Department of Agriculture, Rural Development for long-term financing of the Project and execute and deliver a deed of trust and security agreement (the USDA Deed of Trust, and together with the Interim Deed of Trust, the Deeds of Trust ) securing the City s obligations under the USDA Contract; WHEREAS, the City hereby determines that the acquisition of the Project is essential to the City s proper, efficient and economic operation and to the general health and welfare of its inhabitants; that the Project will provide an essential use and will permit the City to carry out public functions that it is authorized by law to perform; and that entering into the Contracts and Deeds of Trust is necessary and expedient for the City by virtue of the findings presented herein; WHEREAS, the City hereby determines that the Contracts allow the City to purchase the Project and take title thereto at a favorable interest rate currently available in the financial marketplace and upon terms advantageous to the City; WHEREAS, the City hereby determines that the estimated cost of financing the acquisition of the Project is an amount not to exceed 11,500,000 and that such cost of the acquisition of the Project exceeds the amount that can be prudently raised from currently available appropriations, unappropriated fund balances and non-voted bonds that could be issued by the City in the current fiscal year pursuant to Article V, Section 4 of the Constitution of the State; WHEREAS, although the cost of financing the acquisition of the Project pursuant to the Contracts is expected to exceed the cost of financing the acquisition of the Project pursuant to a bond financing for the same undertaking, the City hereby determines that the cost of financing the Project pursuant to the Contracts and Deeds of Trust and the obligations of the City thereunder are preferable to a general obligation bond financing or revenue bond financing for several reasons, including but not limited to the following: (1) the cost of a special election necessary to approve a general obligation bond financing, as required by the laws of the State, would result in the expenditure of significant funds; (2) the time required for a general obligation bond election would cause an unnecessary delay which would thereby decrease the financial benefits of acquiring the Project; and (3) no revenues are produced by the Project so as to permit a revenue bond financing; WHEREAS, the City has determined and hereby determines that the estimated cost of financing the Project pursuant to the Contracts reasonably compares with an estimate of similar costs under a bond financing for the same undertaking as a result of the findings delineated in the above preambles; WHEREAS, the City anticipates a future property tax increase to pay installment payments falling due under the Contracts and that such increase in taxes necessary to meet the sums to fall due under the Contracts will not be excessive; WHEREAS, no deficiency judgment may be rendered against the City in any action for its breach of the Contracts, and the taxing power of the City is not and may not be pledged in any way directly or indirectly or contingently to secure any moneys due under the Contracts; WHEREAS, the City is not in default under any of its debt service obligations; WHEREAS, the City s budget process and Annual Budget Ordinance are in compliance with the Local Government Budget and Fiscal Control Act, and external auditors have determined that the City has conformed with generally accepted accounting principles as applied to governmental units in preparing its Annual Budget ordinance; WHEREAS, past audit reports of the City indicate that its debt management and contract obligation payment policies have been carried out in strict compliance with the law, and the City has not been censured by the North Carolina Local Government Commission (the LGC ), external auditors or any other regulatory agencies in connection with such debt management and contract obligation payment policies. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HENDERSONVILLE, NORTH CAROLINA, AS FOLLOWS:
Tagged Interests: funding, grant, health, regulation, rural, ordinance, construction, finance, council, boards and commissions, budget, agriculture, voting, taxes, Taxes, security, development, bond, contract, public safety, election, purchasing, Development, property, compliance, audit, and property tax

REGULAR MEETING MAY 7, 2020 PAGE 8

Section 1. Authorization to Negotiate the Contracts. That the City Manager and the Finance Officer, with advice from the City Attorney and Special

Counsel, are hereby authorized and directed to proceed and negotiate on behalf of the City for the financing of the Project for a principal amount not to exceed 11,500,000 under the Contracts to be entered into in accordance with the provisions of Section 160A-20 of the General Statutes of North Carolina and to provide in connection with the Interim Contract, as security for the City s obligations thereunder, the Interim Deed of Trust conveying a lien and interest in the Site, including the improvements thereon, as may be required by the entity, or its assigns, providing the funds to the City under the Interim Contract. Section 2. Application to LGC. That the Finance Officer or his designee is hereby directed to file with the LGC an application for its approval of the Contracts and all relevant transactions contemplated thereby on a form prescribed by the LGC and to state in such application such facts and to attach thereto such exhibits regarding the City and its financial condition as may be required by the LGC. Section 3. Direction to Retain Financing Team. That the City Manager and the Finance Officer, with advice from the City Attorney, have retained the assistance of Parker Poe Adams Bernstein LLP, as special counsel, and First Tryon Advisors, as financial advisor to the City. Section 4. Repealer. That all motions, orders, resolutions and parts thereof in conflict herewith are hereby repealed. Section 5. Effective Date. That this Resolution is effective on the date of its adoption.
Tagged Interests: funding, finance, legal, security, contract, administrator, and manager

PASSED, ADOPTED AND APPROVED this seventh day of May 2020. /s/Barbara G. Volk, Mayor Attest: /s/Tammie K. Drake, City Clerk

8. Discussion of Delaying/Continuing City Council Actions Requiring Public Hearings and Options for Public Input: Mr. Connet addressed the Council

stating at the direction of Council, staff has developed options for public input as we hold remote meetings. He stated no advisory board meetings have been held due to concerns surrounding public input.
Tagged Interests: council, boards and commissions, and hearing

Mr. Connet reviewed current and potential options:

1. Public Input Software (current, comments submitted prior to meeting) 2. Email/Phone Call (current, comments submitted prior to meeting) and

proposed the additional possibilities: 3. Utilizing a conference phone to allow people to call in and ask questions during the meeting. The phone will be managed by staff and individuals waiting will be placed in a queue. The staff can view the number of calls holding and manage the callers. One person can ask questions at a time. The person cannot listen to the meeting while on hold unless they are using another source to listen such as Facebook Live. We would utilize existing phone system. 4. Utilize Zoom and Public Input platforms to allow public to watch the event and ask questions via phone and/or online chat. Staff would monitor the event and manage citizen participation. We would have to purchase Zoom subscription.
Tagged Interests: events, purchasing, social media law, information technology, and Information Technology

Mr. Connet stated the City will continue to provide a location for those who do not have computer, internet access, etc. He stated options 3 and 4

will enhance the way we receive current input and not only during the current situation but may be used in the long term. He stated more options may be available going forward with the emerging market.
Tagged Interests: market and Internet Access

The Council discussed the options available. Mayor Pro Tem Smith requested Council delay public hearings with the exception of the budget hearing

until July and educate the public on how to participate electronically. Council Member Simpson agreed with Mayor Pro Tem Smith. She expressed appreciation for all the work staff has put into this but commented is has not solved the problem. She agreed public hearings, neighborhood compatibility meetings should be delay until July to get information out to public in a timely fashion. Council Member Hensley did not support delaying public hearings.
Tagged Interests: council, budget, hearing, and neighborhood

There was discussion of the hearings/meetings that would be affected by a delay. Mr. Connet stated the budget hearing, an annexation and street

closing orders are scheduled in June. The Council discussed the need for the closing of the streets. Mr. Connet reported another issue is an application before the Historic Preservation Commission (HPC) for renovating a building on Main Street that needs a Certificate of Appropriateness. There was discussion of who has standing in the project. Mrs. Frady stated there will be no Planning Board meeting in May.
Tagged Interests: Homebuilder, historic preservation, planning, council, boards and commissions, streets, budget, historic, preservation, hearing, and annexation

The Council also discussed the two neighborhood compatibility meetings for The Cedars and a residential development project for Lakewood, the

notification process and advertising requirements.
Tagged Interests: council, development, advertising, Development, and neighborhood

Mayor Pro Tem Smith moved Council to resolve to delay public hearings until after July 1 excluding the budget hearing, the annexation and the HPC

meeting in June. The vote was two in favor (Smith, Simpson) and three opposed (Volk, Miller, Hensley). Motion failed.
Tagged Interests: council, budget, hearing, and annexation

Council Member Miller moved Council to resolve to proceed with the public hearing for the budget for Fiscal Year 2020-21, the public hearings for the

street closings at the June 4 meeting, an HPC meeting and a Planning Board in June and to delay the annexation hearing until the July meeting as long as option three or four are in place. In discussion, Council Member Simpson commented she is only in favor of moving forward with the meetings if either option three or four are in place. The vote was one opposed (Smith) four in favor (Simpson, Hensley, Miller, Volk). Motion carried. Mr. Connet stated staff will work on the arrangements.
Tagged Interests: planning, council, boards and commissions, streets, budget, hearing, and annexation

REGULAR MEETING MAY 7, 2020 PAGE 9

8a. Consideration of Special Appropriations Full Funding List: Mayor Pro Tem Smith commented on the City s commitment to funding the Henderson County

Investment Fund for five or six years at 50,000/year and that commitment has been fulfilled. He stated it should not be included in full funding list. Council Member Miller commented the Partnership would like to continue the Investment Fund and he supported that.
Tagged Interests: funding, council, and investment

After discussion, Mayor Pro Tem Smith moved Council to resolve to approve the full funding list except for the Henderson County Economic Investment

Fund, pending a presentation at the June meeting and consideration at that time. A unanimous [roll call] vote of the Council followed. Motion carried.
Tagged Interests: funding, council, and investment

9. Reports/Comments by Mayor and City Council Members:

Tagged Interests: council

MPO Update: Council Member Hensley provided an update on the MPO. She stated the grant opportunity is still available.

Tagged Interests: grant and council

Council Member Hensley stated there is streetlight data, etc. for the four counties which shows a 40- 60 increase in traffic on roads in last six

weeks. She will forward the graphics to the Council. No action was required or taken.
Tagged Interests: council, streets, and traffic

10. Staff Reports

a. Investment Report: Mr. Connet provided the investment report on behalf of Finance Director John Buchanan.

Tagged Interests: finance and investment

As of March 31, 2020 the City's cash and investments consists of the following:

Tagged Interests: investment

U.S. Treasuries 606,328.13 Government Agencies: 7,082,262.50 Municipal NC: 1,501,282.50 Commercial Paper 3,976,568.05 NCCMT( FCB Cash): 25,385.54

Tagged Interests: commercial

NCCMT Cash 806,856.73 NCCMT Term 2,002,620.70 Rev Bond Funds 5,823,119.57 Central Depository: 4,448,577.14 Total 26,273,000.86

Tagged Interests: funding and bond

Investment income is expected to be approximately 300,000 for FY 2020. Rates have fallen drastically in the last couple of months and will negatively

affect interest earnings next fiscal year.
Tagged Interests: investment and rates

b. Report on Vacancies and Up-Coming Appointments to Boards/Commissions: City Clerk Tammie Drake provided a report on board vacancies and upcoming

appointments.
Tagged Interests: boards and commissions and appointments

c. Proclamation of Respect and Appreciation: Mayor Volk presented a proclamation of Respect and Appreciation to retiring City Clerk Tammie Drake.

Tagged Interests: recognition

11. New Business:

Tagged Interests: business and economic development

a. Consideration of Authorization of Eminent Domain Proceedings for the Sewer Line to Halfway Tree Mobile Home Park: Mr. Connet reported staff has

been working with the proposed purchaser of Halfway Tree Mobile Home Park to obtain the necessary easements for the sewer line. He stated this will impact eight property owners. He stated a final point of negotiation is very close. He stated in essence of time, he requested eminent domain action be authorized to keep the process moving forward.
Tagged Interests: sewer, utility, Utility, parks, trees, property, commercial, eminent domain, and easement

Council Member Hensley moved Council to authorize the City Attorney to initiate eminent domain action for the acquisition of a sewer line easement

associated with the Half-Way Tree Mobile Home Park. A unanimous [roll call] vote of the Council followed. Motion carried.
Tagged Interests: council, legal, sewer, utility, Utility, parks, trees, commercial, eminent domain, and easement

12. Closed Session as provided under NCGS 143 318.11(a)(6) and (5): At 7:33 p.m., Council Member Miller moved the Council enter closed session as

provided under NCGS 143 318.11(a)(6) and (5). A unanimous [roll call] vote of the Council followed. Motion carried.
Tagged Interests: council

The Council conducted interviews with two applicants for the position of City Clerk and discussed a potential property exchange. No action was taken

upon exit of the closed session.
Tagged Interests: council and property

13. Adjourn. The meeting adjourned at 9:25 p.m. upon unanimous assent of the Council.

Tagged Interests: council

___________________________________ __________________________________ Barbara G. Volk, Mayor Tammie K. Drake, City Clerk

REGULAR MEETING MAY 8, 2020 PAGE 1

M I N U T E S May 8, 2020

SPECIAL MEETING OF THE CITY COUNCIL [ELECTRONIC] ASSEMBLY ROOM OPERATIONS CENTER

Tagged Interests: council

5:45 p.m.

Present: Mayor Barbara G. Volk and Council Members: Jeff Miller, Jennifer Hensley

Tagged Interests: council

Participating Electronically: Mayor Pro Tem Smith, Council Member Lyndsey Simpson

Tagged Interests: council

Staff Present: City Manager John F. Connet, City Clerk Tammie Drake, Budget and Management Analyst

Tagged Interests: budget, administrator, and manager

Adam Murr, Communications Manager Allison Nock, Assistant Manager Brian Pahle

Tagged Interests: communications, manager, and Communications

The purpose of the special meeting is to receive, review and discuss the proposed budget for fiscal year 2020- 2021. Other topics may be discussed.

Tagged Interests: budget

This meeting was held electronically to comply with the stay-at-home restrictions in place to avoid the spread of COVID-19. Public comments for the

scheduled public hearings were received electronically beforehand. Roll call votes were taken to meet all requirements.
Tagged Interests: shelter in place, coronavirus, and hearing

1. Call to Order: Mayor Volk called the regular meeting to order at 8:33 a.m. and welcomed those in attendance. A quorum was established with three

members in attendance physically and two participating electronically.

Mr. Connet presented staff s recommended budget and reviewed the goals for the meeting: 1) to present budget and 2) gather guidance on tax rate

needed to fund Council s priorities.
Tagged Interests: council, budget, taxes, and Taxes

2. Special Appropriations: Mr. Murr explained the process for special appropriations requests. He stated it is a contract with local organizations to

provide services. He asked that as Council consider the requests to remember the purpose of the funds as required by Article 5, Section 2 of the NC Constitution. All funds must benefit the citizens of a unit and not a single person or interest.
Tagged Interests: funding, council, contract, and services

After discussion of the requests, the Council agreed by consensus to the following special appropriations:

Tagged Interests: funding and council

City Manager Appropriation Goal: 100,000 DIFFERENCE 51

Tagged Interests: funding, administrator, and manager

Organization Request FY20-21 Council Appropriation

Tagged Interests: funding and council

Advent Health - - Agribusiness Henderson County (AgHC) 5,000 4,750 America In Bloom - - Arts Council of Henderson County, Inc. 5,000 1,000 BRCC

Educational Foundation, Inc. 3,500 1,450 Blue Ridge Community Health Services 10,000 5,400 Blue Ridge Humane 10,000 5,200 Blue Ridge Literacy Council 1,015 903 Boy's Girl's Club of Henderson County 20,000 15,000 Carolina Concert Choir - - Chamber of Commerce - - Children Family Resource Center 10,000 5,200
Tagged Interests: health, council, arts, services, foundation, and literacy

Flat Rock Playhouse (The Vagabond School) 10,000 1,216

Tagged Interests: education

Hand On - A Child's Gallery 7,400 4,760 Henderson County Council on Aging 5,000 3,800 Henderson County Education Foundation 5,000 1,500 Henderson

County Heritage Museum - -
Tagged Interests: council, education, and foundation

REGULAR MEETING MAY 8, 2020 PAGE 2

Henderson County NAACP 20,000 1,520 Henderson County Young Leaders (Camplify) 2,500 1,300 Hendersonville Community Theatre 10,000 1,800

Hendersonville Shuffleboard Club 1,200 1,200 Hendersonville Sister Cities, Inc. (HSC) 1,500 1,150 Hendersonville Symphony - Youth Education 5,000 1,700 Hendersonville Symphony - Second Series 5,000 600 Interfaith Assistance Ministry 15,000 10,000 Mayor's Advocacy Council 500 500 Medical Loan Closet of Henderson County, Inc. 4,500 2,550 Mineral Lapidary Museum 10,000 1,800 Pisgah Legal Services - Domestic Violence 5,000 2,900 Pisgah Legal Services - Homeless Prevnt. Proj. 5,000 2,900 Safelight, Inc. 10,000 9,000 St. Gerard House 3,500 2,000 Thrive 10,000 6,500 Team ECCO 2,000 1,100 The Mediation Center 1,500 1,250 True Ridge 10,000 3,100
Tagged Interests: council, legal, arts, services, education, youth, domestic violence, and homeless

Total 214,115 99,949

3. Enterprise Funds: Mr. Murr provided the following summary:

Tagged Interests: funding

Environmental Services Fund: Major expenditures include a solid waste truck, scales for the waste trucks, drop axles for waste trucks, brush and leaf

grinding, tree removal, tipping fees, and debt service for solid waste truck. Current year appropriations from fund balance is 87,789 but in years forward no appropriation will be needed. Mayor Volk commented this is a very welcome service.
Tagged Interests: impact fee, funding, utility, solid waste, Utility, transportation, services, environment, and trees

Revenues Estimated: 1,246,101 Expenditures Estimated: 1,393,226

Stormwater Fund: Major expenditures include an asset assessment and infrastructure improvements. Revenues: The manager recommendation is to change

the flat stormwater fee for all customers from 3 to 5/month to comply with unfunded mandates and meet best practices for managing the utility.
Tagged Interests: utility, Utility, manager, and stormwater

Revenues Estimated: 547,208 Expenditures Estimated: 525,536

Water and Sewer Fund Topics: COVID-19 budget impacts were discussed. Staff has budgeted conservatively. A hiring freeze is in affect and no new

positions are budgeted, and the COLA reduced from 3 to 1.5 but is frozen until management determines if there is sufficient funding.
Tagged Interests: coronavirus, funding, sewer, budget, utility, Utility, and water

Operating and Capital: 2.2 million was adjusted in budget development and critical projects remain. Debt: Rates will be examined for future projects,

prioritization and timing.
Tagged Interests: budget, development, Development, and rates

Recommended Budget: Revenues: 17,605,675 Expenditures: 18,355,397

Tagged Interests: budget

Estimated expenditures for FY 2019-20 are 17.3 million or 104.9 of budget. Staff anticipates ending the fiscal year with a fund balance of 14.2

million. A Gantt chart shows 98.5 million for future projects in the next five years. Debt service payments will increase to approximately 9 million/fiscal year by fiscal year 2025-26. Projects are the primary drivers for rates and fees. A dashboard is available to analyze impacts of rates on revenue as well as the UNC School of Government water and wastewater rates dashboard. A rate covenant is in effect with the revenue bond.
Tagged Interests: impact fee, sewer, budget, utility, bond, Utility, water, education, and rates

Differential Rates: The Council discussed the rate differential for inside/outside rates. Mr. Murr reviewed rates under different scenarios for 150

differential rates and a phase out of the differential over one, five or ten years
Tagged Interests: council and rates

REGULAR MEETING MAY 8, 2020 PAGE 3

or immediately. Staff is recommending a ten-year phase out with a 150 differential. The models show revenues will remain (approximately) the same.

Council Member Miller supported equalizing water rates because it is the right thing to do because 60-70 of customer live outside the City. He stated this and would resolve conflict and requested Council to move in that direction. Council Member Hensley supported a five-year phase out. Mayor Pro Tem Smith supported staying at 150 differential for this fiscal year. He stated attempts to speak to members of Henderson County commission were unsuccessful. Mayor Volk prefers the City stay at the 150 differential but expressed concerns about the possibilities of what the State legislature could do and agreed to work toward equalization over ten years. Council Member Simpson prefers keeping the 150 differential but would agree to phase it out over ten years. Council Member Simpson stated lower in-side City rates are a perk for those being annexed into City. Mayor Volk agreed. Mayor Pro Tem Smith commented on benefits versus services and the difference between the financial consideration between the property taxes. He requested the differential remain at 150 this year. After discussion by the Council Mr. Pahle stated a resolution setting the differential rate at 145 with Council s intent to follow the rate structure as presented over the next ten years but this could be changed annually. Staff will also present a statement of policy to consider during next budget process. Mr. Connet stated staff will prepare budget documents to show a 5 reduction in differential and a ten-year phase out. 4. Governmental Funds: Mr. Pahle provided the following information on the General Fund. Financial Tables Overview: Methodology: Mr. Pahle reviewed staff s methodology used in developing the budget from what is known about the effects of COVID-19. Staff developed a very conservative budget with emphasis on keeping staff, implementing a hiring freeze, delaying raises, COLAs. He stated the City is in good position with a strong fund balance availability that helps with cashflow, supports debt issuances, supports investment earnings and balances the budget. Providing flexibility to the manager is important to this budget cycle. Recommended Budget: Revenues: 16,722,891
Tagged Interests: coronavirus, funding, finance, council, boards and commissions, budget, taxes, Taxes, utility, Utility, services, water, property, investment, manager, policy, annexation, rates, and property tax

Expenditures: 18,320,046

Revenues: There was discussion on the expected decrease in revenues, ad valorem taxes that have less than of percent increase in value, the tax

collection rate of -1 or 100,000 of an assessed value of 2,143,549,200. Unrestricted Intergovernmental Revenues: a decrease of 325,000 is expected. Sales tax: impacts will not be known until after the budget is developed. NC taxable sales: Construction sales are very impactful to the state and locally and construction appears to have continued. Revenues in Total: ad valorem is 244,000 below trend, approximately 1 million below what was expected. Expenditures: Personnel and Benefits: 6.1 increase including salary increases, 1.5 market 1 merit of which will be frozen until deemed appropriate by City Manager. Retirement contribution increases of 200,000 are included, and the dependent coverage increase of 100,000. SAFER grant firefighters salary is included 60,000+. Operating and Capital: Basic operating expenditures decreased 4.4 or 160,000 Capital: necessities are included. Debt service increases by 25.7 for the Police headquarters, the 7th Avenue Streetscape improvements and the Fire Engine purchase. Fund balance scenarios were presented by Mr. Pahle. He stated staff is monitoring it closely and is aiming to break even. He stated staff has control over expenditures but the economy is the driver for revenues and staff will adjust accordingly. Total Fund Balance: available percentage 32.04 for FY 19-20. Mr. Pahle reviewed the available fund balance calculations for future years. He reviewed the projects under consideration showing a model and how it affects the ratios. Staff is recommending the tax rate remain at 49 cents per 100/valuation. Mayor Pro Tem Smith proposed cutting the tax rate to .48 which equals approximately 200,000 in revenue. The Council discussed expenditures and paying for the firefighters SAFER Grant which will equate to a .06 cent increase next year. Mayor Pro Tem Smith commented he believes the City can absorb decrease. Council Member Miller noted the amount of the decrease and stated staff would have to come up with strategies to reduce the recommended. He stated it would be great to reduce taxes but the amount is negligible. The Council further discussed the unknowns. Mayor Volk commented the City would also lose sales tax and the decrease would be approximately 260,000. She supported keeping the tax rate at .49 because of the uncertainties and would not
Tagged Interests: grant, construction, council, market, streets, budget, sale, retirement, taxes, Taxes, personnel, public safety, fire departments and districts, seniors, purchasing, streetscape, administrator, manager, intergovernmental, ad valorem, and economy

REGULAR MEETING MAY 8, 2020 PAGE 4

want to have even a higher increase next year. Council Member Simpson agreed and expressed concerns about how much more taxes would have to be

raised. The Council agreed to discuss it further at budget adoption. Main Street MSD Fund: Staff recommends keeping the tax rate at .26. The goal is to keep the contracted landscaping. The General Fund paid for the change orders for the restroom project. Recommended Budget: Revenues: 494,134
Tagged Interests: council, streets, budget, taxes, Taxes, and contract

Expenditures: 494,266 7th Avenue MSD Fund: Staff recommends keeping the tax rate at .17. Recommended Budget: Revenues: 76,003

Tagged Interests: budget, taxes, and Taxes

Expenditures: 99,188 Health and Welfare Fund: Recommended Budget: Revenues: 285,305

Tagged Interests: health and budget

Expenditures: 274,006 5. Fee Schedule Overview: Mr. Connet stated the fee schedule will be reviewed at a later date. Proposed changes will be

discussed. 6. Discussion and Direction: Mr. Connet asked for direction from the Council on: Police Headquarters: Mr. Connet explained staff is waiting final approval from the USDA. He stated a special meeting will be called for Council s approval of the letter of conditions, Form 1440-1 to continue the process. Mr. Connet reviewed the budget for the project including soft costs, land and development. He recommended proceeding with the project, moving forward with financing with construction to begin in June. Mr. Connet presented the followings bids:
Tagged Interests: rfp, RFP, construction, council, budget, development, public safety, and Development

Mr. Connet stated he wanted Council to have the budget information before taking the next step in the process. Council Member Hensley asked if the

closing fees with Truist could be negotiated when another bank is offering no closing fees. Mr. Pahle stated he will attempt negotiations. Mayor Pro Tem Smith moved Council resolve to direct the City Manager or his designee to execute the amended AIA agreement with Edifice General Contractors approving a guaranteed maximum price (GMP), certificate of insurance, and payment and performance bonds as presented. He further moved Council resolve to direct the City Manager or his designee to execute the special inspections scope of work with SM E as presented. And further, moved Council to resolve to authorize the City Manager or his designee to execute an agreement with a bank for the interim financing for the Police Department Headquarters Project contingent upon successful USDA and LGC approvals. A unanimous [roll call] vote of the Council followed. Motion carried. [The agreement is available in the office of the City Manager.] 2) Downtown Parking Deck: The Council discussed purchasing the Jackson Property, the negotiated extension for the purchase of the Fazio property, financing for the parking deck project, metering Main Street, possibly dropping one level of the parking deck, revenue and the cost of the deck. The Council requested reports from staff on how much revenue from Main Street versus avenues and the effect on revenue before Council s Workshop meeting on May 27. Mayor Pro Tem Smith moved Council to resolve to direct the City Manager or his designee to execute the design services scope with Walker Parking Consultants as presented. He further moved Council to resolve to direct the City Manager or his designee to negotiate and execute a contract with Edifice General Contractors to serve as construction manager at risk on the parking
Tagged Interests: contractor, impact fee, construction, council, streets, budget, bond, contract, public safety, downtown, risk, services, performance, insurance, purchasing, property, administrator, manager, and parking

REGULAR MEETING MAY 8, 2020 PAGE 5

deck project, as presented. And further, he moved Council to resolve to approve the capital project ordinance and reimbursement resolution for the

parking deck project as presented. A unanimous [roll call] vote of the Council followed. Motion carried.
Tagged Interests: ordinance, council, capital spending, Capital Spending, and parking

Ordinance 20-0537 CAPITAL PROJECT ORDINANCE FOR

Tagged Interests: ordinance, capital spending, and Capital Spending

THE PARKING DECK DEVELOPMENT PUBLIC-PRIVATE PARTNERSHIP PROJECT 19101 BE IT ORDAINED by the Governing Board of the City of Hendersonville, North

Carolina that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following capital project ordinance is hereby adopted:
Tagged Interests: ordinance, boards and commissions, development, capital spending, Capital Spending, Development, and parking

Section 1: The project authorized is a City infrastructure project described as the Parking Deck Development Public- Private Partnership Project.

Section 2: The following amounts are appropriated for the project:
Tagged Interests: development, Development, and parking

Section 3: The following revenues are anticipated to be available via transfers from the General Fund for project expenses:

Section 4: The Finance Director is hereby directed to maintain within the capital project fund sufficient specific detailed accounting records to

satisfy the disclosure requirements of all the contractual agreements, if applicable. Section 5: Funds may be advanced from the General Fund as necessary for the purpose of making payments as due. Reimbursement requests shall be made in an orderly and timely manner. Section 6: The Finance Director is directed to report, on a quarterly basis, on the financial status of each project element in Section 3 and Section 4. Section 7: The Finance Director is further instructed to include a detailed analysis of past and future revenues and expenses during each annual budget submission made to the Governing Board. Section 8: Copies of this capital project shall be furnished to the City Clerk, Finance Director and City Manager for direction in carrying out this project. ADOPTED by the City Council of the City of Hendersonville, North Carolina, on this eighth day of May 2020.
Tagged Interests: funding, finance, council, boards and commissions, budget, capital spending, Capital Spending, administrator, manager, and housing

/s/Barbara G. Volk, Mayor Attest: /s/Tammie K. Drake, City Clerk Approved as to form: /s/Samuel H. Fritschner, City Attorney

Tagged Interests: legal

Resolution 20-0538 HENDERSONVILLE, NORTH CAROLINA

DECLARATION OF OFFICIAL INTENT TO REIMBURSE BE IT RESOLVED by the City Council of the City of Hendersonville, North Carolina, this declaration (the

Declaration ) is made pursuant to the requirements of the United States Treasury Regulations Section 1.150-2 and is intended to constitute a Declaration of Official Intent to Reimburse under such Treasury Regulations Section. The undersigned is authorized to declare the official intent of HENDERSONVILLE, North Carolina (the Issuer ) with respect to the matters contained herein. Expenditures to be Incurred. The Issuer anticipates incurring expenditures (the Expenditures ) for THE ACQUISITION, CONSTRUCTION, AND INSTALLATION OF THE PARKING DECK DEVELOPMENT PUBLIC-PRIVATE PARTNERSHIP PROJECT, ORDINANCE ________ (the Projects ). Plan of Finance. The Issuer intends to finance the costs of the Projects with the proceeds of debt to be issued by the Issuer (the Borrowing ), the interest on which is to be excluded from gross income for Federal income tax purposes. Maximum Principal Amount of Debt to be Issued. The maximum principal amount of the Borrowing to be incurred by the Issuer to finance the Project is 8,000,000.
Tagged Interests: regulation, ordinance, construction, finance, council, taxes, Taxes, development, Development, and parking

Declaration of Official Intent to Reimburse. The Issuer hereby declares its official intent to reimburse itself with the proceeds of the Borrowing

for any of the Expenditures incurred by it prior to the issuance of the Borrowing. ADOPTED by the City Council of the City of Hendersonville, North Carolina, on this eighth day of May 2020. /s/Barbara G. Volk, Mayor Attest: /s/Tammie K. Drake, City Clerk
Tagged Interests: council

Main Street: Mr. Holloway presented a proposal for opening Main Street with a program to assist local restaurants while providing social distancing.

The proposal is to close portions of Main Street between Avenues the avenues to allow on-street dining from Thursday to Sunday, Allen Street to Sixth Avenue, when the Governor allows the reopening of restaurants (phase II). This program will end November 1, 2020. Mr. Connet stated Council may extend the same opportunities for other restaurants across the City which may include waiving parking requirements to allow outside dining in parking lots. There was discussion of diagonal parking and other logistics such as tables and chairs. There was general support by the Council to proceed with these measures. Small Business Loan Program: Mr. Connet stated this is a similar program to Buncombe County s for a 10,000 loan. He explained since this was discussed, the General Assembly has approved an
Tagged Interests: business, council, streets, restaurants, program, small business, and parking

Account Name Total Budget Org Obj Proj

Tagged Interests: budget

4104120 519000 19101 Professional Services 487,000 Total Project Appropriation 487,000

Tagged Interests: funding and services

Account Number

Account Name Total Budget Org Obj Proj

Tagged Interests: budget

4104120 499100 499100 Proceeds of Debt 487,000 Total Project Revenue 487,000

Account Number

REGULAR MEETING MAY 8, 2020 PAGE 6

appropriation to Golden Leaf and as a result Mountain Bizworks has recommended the small business loan program be put on hold to see if it is needed

in the future. No action was taken. 7th Avenue Streetscape: Mr. Connet reported the design is 95 completed. He proposed including this project with the installment financing of the parking. The Council agreed by consensus. 7. Adjourn. The meeting adjourned at 2: 46 p.m. upon unanimous assent of the Council.
Tagged Interests: funding, business, council, streets, program, streetscape, small business, and parking

___________________________________ __________________________________ Barbara G. Volk, Mayor Tammie K. Drake, City Clerk

SPECIAL MEETING MAY 18, 2020 PAGE 1

M I N U T E S May 18, 2020

SPECIAL MEETING OF THE CITY COUNCIL [ELECTRONIC] ASSEMBLY ROOM OPERATIONS CENTER

Tagged Interests: council

5:00 p.m.

Present: Mayor Barbara G. Volk and Council Members: Jeff Miller, Jennifer Hensley

Tagged Interests: council

Participating Electronically: Mayor Pro Tem Smith, Council Member Lyndsey Simpson

Tagged Interests: council

Staff Present: City Manager John F. Connet, City Clerk Tammie Drake, Intern Bryan Gertz, Downtown

Tagged Interests: downtown, administrator, and manager

Economic Development Director Lew Holloway, Communications Manager Allison Nock, Assistant Manager Brian Pahle

Tagged Interests: economic development, development, Development, communications, manager, and Communications

The purpose of the special meeting is as follows:

1. To receive a USDA Letter of Financial Conditions approving the financing for the new Hendersonville Police Department, 2. To consider the closure

of Main Street during certain days and times to support the reopening of downtown businesses, 3. To consider an ordinance eliminating off-street parking requirements for restaurants for specific period to support their reopening.
Tagged Interests: ordinance, business, finance, streets, restaurants, public safety, downtown, and parking

Other topics may be discussed.

This meeting was held electronically to comply with the restrictions in place to avoid the spread of COVID-19. The public was given instructions on

how to provide public comments, watch the City Council meeting and a listening space was provided for individuals otherwise unable to access the City Council meeting. Roll call votes were taken to meet all requirements.
Tagged Interests: coronavirus and instruction

1. Call to Order: Mayor Volk called the special meeting to order at 5:00 p.m. and welcomed those in attendance. A quorum was established with three

members in attendance physically and two participating electronically.

2. Presentation of USDA Letter of Conditions (LOC) for Hendersonville Police Department Headquarters: Mr. Connet introduced Pam Hysong with the USDA.

Ms. Hysong reviewed the USDA s procedures for the loan and presented the Letter of Conditions under which they agree to make a loan. She stated the maximum loan is 11,500,000 at a fixed interest rate of 23/8 percent. She stated if the interest rate lowers before the closing of the loan, the City may request a reduction, but it will not go higher. She stated any significant changes in the scope of the project will require approval.
Tagged Interests: public safety and procedure

The Council discussed the Letter of Conditions and any possible limitations on this type of financing. Mr. Connet stated the debt coverage ratio will

have to be reviewed on an annual basis. There was also discussion of the required reserve fund of 54,000/annually which may be used for the final installment or emergencies. There was also discussion of the bond on the Finance Director which may have to be increased. Because of their accounting system, two resolutions totaling 11,500,000 is necessary.
Tagged Interests: finance, council, and bond

Council Member Miller moved Council to adopt the resolution accepting the USDA letter of conditions and associated forms, as presented. A unanimous

[roll call] vote of the Council followed. Motion carried.
Tagged Interests: council

Resolution 20-0539 RESOLUTION OF THE HENDERSONVILLE CITY COUNCIL

Tagged Interests: council

A RESOLUTION TO CONSIDER AND ADOPT THE USDA LETTER OF CONDITIONS DATED MAY 18, 2020 WHEREAS, the City of Hendersonville has applied for debt proceeds

to design and construct a new police headquarters on Ashe Street; and WHEREAS, the construction of this facility is in the best interest of the City and its citizens; and WHEREAS, the issuance of a long-term low interest loan through the USDA community development loan program is the most financially feasible approach to funding said project. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF HENDERSONVILLE, NORTH CAROLINA That the Hendersonville City Council accepts the conditions set forth in the Letter of Conditions dated May 18th, 2020. That Hendersonville City Council approves the budget as shown on Form RD 442-7, Operating Budget and the forms RD Loan Resolution (Public Body) in the amount of 5,000,000 and 6,500,000. That the Mayor and City Clerk be authorized to execute all forms necessary to obtain a loan from Rural Development, including, but not limited to the following forms:
Tagged Interests: funding, rural, construction, council, facility, streets, budget, development, public safety, program, Development, and community development

Form RD 400-1 Equal Opportunity Agreement Form RD 400-4 Assurance Agreement Form RD 442-7 Operating Budget Form RD 1910-11 Applicant Certification

Federal Collection Policies Form RD 1940-1 Request for Obligation of Funds (2 separate forms) Form RD 1942-46 Letter of Intent to Meet Conditions Form RD 1942-47 Loan Resolution (Public Body) (2 separate forms) Form AD 1047 Certification Regarding Debarment 1940-Q, Exhibit A-1 Certification for Contracts, Grants, and Loans Unnumbered Form Certificate of Compliance
Tagged Interests: funding, grant, budget, contract, and compliance

SPECIAL MEETING MAY 18, 2020 PAGE 2 The resolution is to become a part of the official minutes of the Hendersonville City Council meeting held on May

18, 2020. MOTION that the resolution be approved made by:_____________________________ and seconded by: N/A. Motion Passed _____5_______FOR and _______0_______AGAINST. (number) (number) Adopted this eighteenth day of May 2020 and WILL BE MADE A PART OF THE MEETING MINUTES. /s/Barbara G. Volk, Mayor Attest: /s/Tammie K. Drake, City Clerk

SPECIAL MEETING MAY 18, 2020 PAGE 3

SPECIAL MEETING MAY 18, 2020 PAGE 4

SPECIAL MEETING MAY 18, 2020 PAGE 5

3. Consideration of the closure of Main Street during certain days and time to support the reopening of downtown businesses: Downtown Director Lew

Holloway presented plans for the Open Main Street/Love Hendo Program. He presented options for waiving parking requirements and expanding outdoor dining at restaurants throughout the City including ABC permitting requirements/revisions, outdoor dining permit, etc.
Tagged Interests: business, streets, restaurants, downtown, program, and parking

Mr. Holloway presented diagrams for the expanded outdoor dining footprint on Main Street that included full closure, limited parking closures and no

closures. He also presented options for restaurants on avenues. He asked for Council s feedback on the initial timing of this activity and proposed a 30-day test time frame.
Tagged Interests: council, streets, restaurants, and parking

The Council members discussed each of the options in length, the ABC permit situation, community support and concerns received for closing Main

Street and safety considerations.
Tagged Interests: council and streets

4. Consideration of a Resolution Authorizing the City Manager to Waive Off-Street Parking Requirements for Hendersonville Restaurants for a specific

period to support their reopening: Mr. Connet and Mrs. Frady presented a resolution authorizing the City Manager to waive enforcement of off- street parking requirements for Hendersonville restaurants to support their reopening. The resolution authorizes the City Manager to waive the off-street parking requirements for a period of six months.
Tagged Interests: streets, restaurants, administrator, manager, and parking

Council Member Hensley moved the City Council resolve to allow expanded dining on the sidewalks as soon as possible, to create an open street concept

for the last weekend of May, and to waive certain ordinances during this emergency situation for expanded dining areas in the City to other City restaurants including approval of the resolution. A unanimous [roll call] vote of the Council followed. Motion carried.
Tagged Interests: ordinance, council, streets, restaurants, emergency, and Pedestrian

Resolution 20-0542 A RESOLUTION RESPECTING ENFORCEMENT OF CERTAIN CITY ORDINANCES

Tagged Interests: ordinance

DURING THE CURRENT EMERGENCY WHEREAS, the City Council recognizes that the pandemic caused by the spread of the COVID-19 virus has caused significant

changes in various aspects of commerce within the City of Hendersonville; and WHEREAS the Council recognizes that the nature of these commercial changes may arise or further change suddenly and without warning; and
Tagged Interests: coronavirus, recognition, council, emergency, and commercial

SPECIAL MEETING MAY 18, 2020 PAGE 6 WHEREAS the Council recognizes that the city manager is in a unique position to track and respond to these

commercial changes and the needs that arise therefrom; NOW, THEREFORE, the City Council does resolve as follows:
Tagged Interests: recognition, council, commercial, administrator, and manager

I. The City Council hereby grants to the city manager the following temporary authority when in his opinion there is need to do so: 1. To temporarily

open and close streets or portions thereof.
Tagged Interests: grant, council, streets, administrator, and manager

2. To refrain from enforcing regulations with respect to off-street parking for City restaurants. 3. To permit or limit restaurant service and

seating within the boundaries of sidewalks and closed City streets. 4. To take other steps of similar nature to adapt to changing commercial conditions.
Tagged Interests: regulation, streets, restaurants, commercial, Pedestrian, and parking

II. The authority granted herein shall expire six months from the date hereof unless extended or curtailed by the City Council. III. The city manager

is instructed to notify the city council upon the occurrence of any act taken in furtherance of this Resolution. IV. This grant of authority shall take effect upon adoption of this resolution.
Tagged Interests: grant, council, administrator, and manager

Adopted this 18 day of May 2020. /s/Barbara G. Volk, Mayor Attest: /s/Tammie K. Drake, City Clerk

5. Comments by Mayor and City Council Members: There were none.

Tagged Interests: council

6. Adjourn. The meeting adjourned at 6:36 p.m. upon unanimous assent of the Council.

Tagged Interests: council

___________________________________ __________________________________ Barbara G. Volk, Mayor Tammie K. Drake, City Clerk

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