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Town Council Regular Meeting August 20, 2019 – 9:30 A.M

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Town Council Regular Meeting August 20, 2019 – 9:30 a.m. 1. Call to Order 2. Pledge of Allegiance 3. Public Comment 4. Approval of the Agenda 5. Consent Agenda A. Minutes from the June 13, 2019 Work Session B. Minutes from the July 16, 2019 Regular Meeting C. Constitution Week Proclamation 6. Old Business A. Discussion of Extraterritorial Jurisdiction B. Ivy Removal Program 7. New Business A. Friends of Laurel Park Request #1 to Waive Town Ordinance to Allow Alcohol Consumption at an Event B. Friends of Laurel Park Request #2 to Waive Town Ordinance to Allow Alcohol Consumption at an Event C. Ecusta Trail Update D. Proposed Land Donation Parcel #’s 9926110 and 9949800 E. Colonial History Month Proclamation 8. Town Manager’s Report 9. Department Head Reports A. Public Works B. Police C. Administration 10. Mayor and Commissioner Comments 11. Adjournment August 20 Tuesday Council Regular Meeting 9:30 am August 27 Tuesday ABC Board Meeting 8:30 am August 27 Tuesday Planning Board Special Meeting 3:00 pm August 28 Wednesday Parks and Greenways Special Meeting 9:30 am Proclamation Constitution Week 2019 Whereas, September 17, 2019 marks the two hundred and thirty second anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and Whereas, it is fitting and proper to officially recognize this magnificent document and the anniversary of its creation; and Whereas, it is fitting and proper to officially recognize the patriotic celebrations which will commemorate the occasion; and Whereas, public law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as constitution week: NOW, THEREFORE, I, Mayor of Laurel Park of the state of North Carolina do hereby proclaim September 17 through 23, 2019 to be “CONSTITUTION WEEK” In Laurel Park and ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787. IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal on this date, in the year of our Lord, two thousand nineteen. _____________________ J. Carey O’Cain, Mayor ATTEST: ________________________ Kimberly B. Hensley, CMC Town Clerk 6.A. Discussion of Extraterritorial Jurisdiction The LGCCA met on July 16th as part of a regularly scheduled meeting time. On the agenda was the discussion of Extraterritorial Jurisdictions (ETJ) within Henderson County and the state. Currently the North Carolina General Assembly is reviewing the use and future of ETJ’s within our state. Amongst the legislators there is disagreement on the future and purpose of the ETJ’s. Some believe the ETJ’s serve a purpose in land use planning while others believe with current annexation laws the tool is no longer effective. In preparation of potential legislation, the Henderson County Commissioners have asked for the local municipalities to meet and discuss a future without ETJ’s. The end of ETJ’s would likely result in their dissolution, leaving large “donut-hole” areas between municipalities. If this were to happen and annexations were to result from the dissolution of the ETJ’s, the Henderson County Commissioners believe it would be in the best interest of the municipalities to have a clear plan for which areas would annex into which municipality. Attachment: None 6.B. Ivy Removal Program The Town of Laurel Park has been approached by residents with a donation to help create an English Ivy and Kudzu removal program. Attached with this description is a cost estimate to determine the location of these invasive species along the town’s rights-of-way. This project currently has five-thousand dollars ($5,000.00) in the budget to act as matching funds. The Village of Flat Rock currently has a program for kudzu removal. Below is information provided on their website. “The Village of Flat Rock kudzu control program dates back to 2001. A group of village volunteers coordinate the program and hire a kudzu control specialist to address kudzu problems in the village on an annual basis. The treatments are repeated annually, as needed. If you are a resident of Flat Rock, have kudzu on your property, and would like to participate in this free program, please come by the Village Hall and complete a participant request form or click the link below to access a printable copy of the form.” Attachment: Flat Rock Cooperative Agreement for Eradication or Control of Kudzu VILLAGE OF FLAT ROCK COOPERATIVE AGREEMENT FOR ERADICATION OR CONTROL OF KUDZU This AGREEMENT made and entered into this day of , 20 between The VILLAGE OF FLAT ROCK AND PROPERTY OWNER, is for the purpose of cooperatively eradicating or satisfactorily controlling the growth of kudzu within highway right of way and on the property abutting highway right of way. The provisions of this AGREEMENT are as follows: 1. The Village of Flat Rock or its representative, will meet with the PROPERTY OWNER prior to beginning any eradication or control operations to jointly determine the specific location and type of undesirable vegetation to be treated, the kind and rate of herbicide to be used, or the removal by mechanical means, and the special precautions to be taken as stated elsewhere in the AGREEMENT. 2. The VILLAGE will perform the work on highway right of way and the owner’s property. The Village will be responsible for all costs associated with eradication or control within highway right of way and the owner’s property. 3. The PROPERTY OWNER hereby authorizes the VILLAGE to perform the work upon his property and releases the VILLAGE from any and all damages to crops, grasses, trees, shrubs and ponds on his property resulting from the application of herbicides by the VILLAGE. 4. The PROPERTY OWNER shall not spray any vegetation on highway right of way; further, PROPERTY OWNER agrees to indemnify and save harmless the VILLAGE from any and all claims resulting from his application of the herbicide used under the terms of this AGREEMENT. 5. VEGETATION TO BE TREATED: Kudzu LOCATION: _______________________________________________________ HERBICIDE TO BE USED BY THE VILLAGE: Transline RATE: Not to exceed 21 ounces per acre. SPECIAL PRECAUTIONS: Avoid sprayed area until spray dries. Also, herbicide does not harm most plants, but does damage other plants in the legume, thistle, and composite weed categories. Martha M. Orr 02/21/18 Village of Flat Rock T:\documents\Kudzu/Agreement for eradication.doc Phone: 828-697-8100 Page 1 6. The VILLAGE in its discretion shall terminate this AGREEMENT when the OWNER is determined to be in willful violation of the conditions specified in the AGREEMENT. VILLAGE OF FLAT ROCK BY: PROPERTY OWNER WITNESS: Address ____________________________________ City and State Phone Number Please return this to: Village of Flat Rock PO Box 1288 Flat Rock, NC 28731 Martha M. Orr 02/21/18 Village of Flat Rock T:\documents\Kudzu/Agreement for eradication.doc Phone: 828-697-8100 Page 2 7.A. Friends of Laurel Park Request #1 to Waive Town Ordinance to Allow Alcohol Consumption at an Event The Friends of Laurel Park will hold the Jump Off Rock Music Festival on September 14, 2019. The Friends of Laurel Park have requested Council waive Chapter 2, Article 6 of the Town Ordinance / Chapter 110 of the Code of Ordinances for the event. If approved, patrons of the event will be able to have unfortified wine and beer. There will be no alcohol sales. Suggested Motion: To waive Chapter 2, Article Town Ordinance / Chapter 110 of the Code of Ordinances to allow consumption of unfortified wine and beer within Jump Off Rock for the Jump Off Rock Music Festival on September 14, 2019. 7.B. Friends of Laurel Park Request #2 to Waive Town Ordinance to Allow Alcohol Consumption at an Event The Friends of Laurel Park will hold the Jazz at Jump Off Rock Park on September 7, 2019. The Friends of Laurel Park have requested Council waive Chapter 2, Article 6 of the Town Ordinance / Chapter 110 of the Code of Ordinances for the event. If approved, patrons of the event will be able to have unfortified wine and beer. There will be no alcohol sales. Suggested Motion: To waive Chapter 2, Article Town Ordinance / Chapter 110 of the Code of Ordinances to allow consumption of unfortified wine and beer within Jump Off Rock for the Jazz at Jump Off Rock Park on September 7, 2019. 7.C. Ecusta Trail Update It was announced on August 9th, 2019 that Conserving Carolina had received grant funding to aid in the purchase of the Ecusta Railroad. Attachment: Conserving Carolina Ecusta Trail Press Release Ecusta Trail Moves Forward 19-Mile Rail Trail Could Link Hendersonville and Brevard North Carolina House Rep. Chuck McGrady, Conserving Carolina, and Friends of the Ecusta Trail are pleased to announce that Conserving Carolina was awarded a $6.4 Million purchase money grant for the rail corridor known as the TR Line or Proposed Ecusta Trail. “This is a very big next step for the Ecusta Trail”, said NC House Rep.Chuck McGrady. “There is still a lot of work to be done and a lot of processes to work through that will take time, but this is a large step forward.” On Thursday, Aug. 8, the North Carolina Department of Transportation (NCDOT) approved a $6.4 Million grant to Conserving Carolina toward the potential purchase of the corridor. Conserving Carolina, Friends of the Ecusta Trail, and other partners will need to raise at least $1.6 Million to match the grant funding. Said Ecusta Board Member Chris Burns, “We have been working on this project for over 10 years.
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