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

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.

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. In that time we have never seen a grant or funding that could be used for the acquisition of the corridor. When Chuck McGrady called several weeks ago and informed us of this potential funding source, we just had to jump on it and do all we could to make it happen.”

Representatives of Friends of the Ecusta Trail asked Conserving Carolina to take the lead in grant application process. Conserving Carolina submitted the grant application to NCDOT in July. The grant was approved this week. Conserving Carolina has retained appraisal and surveying contractors, and both processes are well underway along the corridor.

The proposed greenway will run from Kanuga Road in Hendersonville to the old Ecusta Plant property in Brevard, between Ecusta Road and Old Hendersonville Highway. This rail line has been inactive since the Ecusta cigarette paper plant closed its doors in 2002.

The greenway would not include one mile of the rail line from its connection near the Hendersonville City Operations Center to Kanuga Road in Hendersonville. Earlier this year, Blue Ridge Southern Railroad successfully applied to have this section of the line reactivated for service. The company intends to use this section to “switch” rail cars that are stored along their rail line that runs along Spartanburg Highway through East Flat Rock.

Railbanking, as defined by the National Trails System Act, 16 USC 1247 (d), is a voluntary agreement between a railroad company and a trail agency to use an out-of- service rail corridor as a trail until a railroad might need the corridor again for rail service. Because a railbanked corridor is not considered abandoned, it can be sold, leased or donated to a trail manager. The railbanking provisions of the National Trails System Act as adopted by Congress in 1983 have preserved more than 4,400 miles of rail corridors in 33 states that would otherwise have been abandoned and likely, lost forever as a means of future rail service and economic development.

Friends of The Ecusta Trail was founded in 2009 as a volunteer organization to study, educate and advocate for the acquisition and development of the proposed Ecusta Trail. Their efforts over the past nine years have included garnering endorsements for the trail by the Cities of Brevard and Hendersonville, the Town of Laurel Park and the Henderson County Commissioners in addition to nearly 50 other non-profits and organizations throughout western North Carolina.

Conserving Carolina is a local land trust dedicated to protecting land and water, promoting good stewardship, and creating opportunities for people to enjoy nature. The organization has a 30-year history of protecting land and water resources in Henderson, Transylvania, Polk and neighboring counties. They have helped to protect over 45,000 acres and have played a key role in creating public lands such as Chimney Rock State Park, DuPont State Recreational Forest, and Headwaters State Forest, as well as numerous parks, trails and greenways.

7.D. Proposed Land Donation Parcel #’s 9926110 and 9949800

The Town has been approached by Matt Stewart, who is interested in donating two pieces of land to the Town. Both parcels are zoned for residential use and less than 0.5 acres.

Attachments:

• Parcel Report – 9926110 • Parcel Report – 9949800

Henderson County, NC Tax Parcel Report Thursday, August 15, 2019

WARNING: THIS IS NOT A SURVEY Parcel Information

REID: 9926110 Pin: 9558567742

Listed to: STEWART, MATTHEW PALMER Neighborhood: LAUREL PK/OLDER SECT.

Mailing Address: 433 ECHOLS AVE SE Township: Hendersonville

Mailing City, State, Zip: HUNTSVILLE, AL 35801 Municipality: LAUREL PARK

Physical Address: 0 NO ADDRESS ASSIGNED Tax District: LAUREL PARK TOWN

Deed: 003284/00132 Plat: Not Available

Date Recorded: 2018-12-27 10:16:00.0 Elementary School District: BRUCE DRYSDALE

Revenue Stamps: 0 Middle School District: HENDERSONVILLE MIDDLE

County Zoning: Cities High School District: HENDERSONVILLE HIGH

Property Description: #27 SEC 2 ECHO MTN SE2 Soil:

Map Sheet: 9558.11 Voting Precinct: Laurel Park

Assessed Acreage: 0.40000000 Commissioner District 5

Building Value: $0.00 Agricultural District None Found

Land Value: $4,800.00 North Carolina House District 117

Value To Be Billed: $4,800.00 U.S. House District 11

North Carolina Senate District 48 Flood Zone: Zone X, Not Shaded (Areas outside of the floodplain)

THIS IS NOT A SURVEY. Henderson County Geographic Information Systems (GIS) All information or data provided, whether subscribed, purchased or otherwise distributed, whether in hard copy or digital 200 North Grove Street media, shall be at the userâ€™s own risk. Henderson County makes no warranties or guarantees, including the warranties of Hendersonville, NC 28792 merchantability or of fitness for a particular purpose. Map data is not appropriate for, and is not to be used as, a geodetic, P: (828) 698-5124 legal, or engineering base system. The data is not intended as a substitute for surveyed locations such as can be determined F: (828) 698-5122 by a registered Public Land Surveyor, and does not meet the minimum accuracy standards of a Land Information System/Geographic Information System Survey in North Carolina (21 NCAC 56.1608). Henderson County, NC Tax Parcel Report Thursday, August 15, 2019

WARNING: THIS IS NOT A SURVEY Parcel Information

REID: 9949800 Pin: 9558368670

Listed to: STEWART, MATTHEW PALMER Neighborhood: LAUREL PK/OLDER SECT.

Mailing Address: 433 ECHOLS AVE SE Township: Hendersonville

Mailing City, State, Zip: HUNTSVILLE, AL 35801 Municipality: LAUREL PARK

Physical Address: 0 NO ADDRESS ASSIGNED Tax District: LAUREL PARK TOWN

Deed: 003284/00132 Plat: Not Available

Date Recorded: 2018-12-27 10:16:00.0 Elementary School District: BRUCE DRYSDALE

Revenue Stamps: 0 Middle School District: HENDERSONVILLE MIDDLE

County Zoning: Cities High School District: HENDERSONVILLE HIGH

Property Description: ECHO MOUNTAIN LO20 SE2 Soil:

Map Sheet: 9558.10 Voting Precinct: Laurel Park

Assessed Acreage: 0.26000000 Commissioner District 5

Building Value: $0.00 Agricultural District None Found

Land Value: $3,100.00 North Carolina House District 117

Value To Be Billed: $3,100.00 U.S. House District 11

North Carolina Senate District 48 Flood Zone: Zone X, Not Shaded (Areas outside of the floodplain)

The Town has been presented with a proclamation promoting October as Colonial History Month.

Attachments: None