City Council Special Call Meeting

452 SPECIAL MEETING MAY 18, 2020 PAGE 1 MINUTES May 18, 2020 SPECIAL MEETING OF THE CITY COUNCIL [ELECTRONIC] ASSEMBLY ROOM – OPERATIONS CENTER 5:00 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 Clerk Tammie Drake, Intern Bryan Gertz, Downtown Economic Development Director Lew Holloway, Communications Manager Allison Nock, Assistant Manager Brian Pahle 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. 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. 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. 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. 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. Resolution #20-0539 RESOLUTION OF THE HENDERSONVILLE CITY 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: 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  453 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 Poshion 5 SDA # 20-05 4 0 J'orm RD 1942-47 LOAN RESOLlffIO FORM APPROVED (Rev . 12-97) (Public Bodies) 0MB NO. 0575-0015 A RESOLUTIO OF TIIE _ _ _ _ _ _ _ _ _ _ _ _C_i_t~y_C_o_u_n_c_i_l_ _ _ _ _ _ _ _ _ _ _ _ _ _ __ OF THE City of Hendersonville AUTHORJZ!NG ANO PROVIDING FOR THE INCURRENCE OF INDEBTEDNESS FOR THE PURPOSE OF PROVID!NG A PORTIO OF THE COST OF ACQUIRING , CO STRU TING. ENLARGING. IMPROVING, AND/OR E,''ffEN.DING ITS New Police Station FACILITY TO SERVE AREA LA\VFULLY WITHlN ITS JURISDICTIO TO SERVE. WHEREAS, it is necessary fonhe Ci y of Hendersonville (/'td,/ic fi"">i (herein after called Association) to raise a portion of the oost of such undertaking by issuance of its bonds in the principal amount of 6,500,000.00 pursuant to the provisions of_____N_o_r_t_h_c_a_r_o_l_in_a_G_e_n_e_r_a_l_s_t_a_t_u_t_e_1_6_0A_-_2_0_ _ _ _ _ _ _ _ _ _ _ _ ~ and WHEREAS, the Association intends to obtain assistance from the Rural Housing Seivice, Rura l Business - Cooperative Seivice, Rural Utilit ies Service, or their successor Agencies wi th the Uni ted States Department of griculture, (herein called the Government) acting under the provisions of the Consolidated Fam, and Rural Development Act (7 U.S. 1921 et seq.) in the planning, financing, and supervision of such undertaking and the purchasing of bonds lawfully issued, in the event that no other acceptable purchaser for such oonds is found by the Association: NOW THEREFORE in consideration of the premises the Association hereby resolves: I. To have preeered on its beha lf and to adopt an ordinance or resolution for the issuance of its bonds containing such items and in such lorms as arc required by State statutes and as arc agreeable and acceptable to the Government. 2. To refinance the unpaid balance, in whole or in part, of its oonds upon the request of the Government if at any time it shall appear to the Government that the Association is able to refinance its bonds by obtaining a loan for such purposes from responsible COOJ?<rative or private sources at reasonable rates and terms for loans for similar purposes and periods of time as required by section 333(c) of said Consolidated Farm and Rural Development Act (7 U. S. C. 1983 (c)). 3. To provide for, execute, and comply with Form RD 400-4, "Assurance Agreement," and Form RD 400-1 , "Equal Opportunity Agreement," including an "Equal Opportunity Clause," which clause is to be incorporated in, or attached as a ride r to, each construction contract and subcontract involving in excess of$ I0,000. 4. To indemnify the Government for any payments made or losses suffered by the Government on behalf of the Association. Such indcmnificatioo shall be payable from the same source of funds pledged to pay the bonds or any other legal permissible source. 5. That upon default in the payments of any principal and accrued interest on the bonds or in the pcrfomrnnce of any covenant or agreement contained herein or in the instruments incident to making or insuring the loan. the Government at its option may (a) declare the entire principal amount then outstanding and accrued interest immediately due and payable, (b) for the account of the Association (payable from the source of funds pledged to pay the bonds or any other k-gally perm issible source), incur and pay reasonable expenses for repair, maintenance, and operation of the facility and such other reasonable expenses as may be necessary to cure the cause of default, and/or (c) !Ake possession of the facility, repair, maintain, and operate or rent iL Default under the provisions of this resolution or any instrument incident to the making or insuring of the loan may be construed by the Government to constitute default under any other instrument held by the Government and executed or assumed by the Association. and default under any such instrument may be construed by the Government to constitute default hereunder. 6. Not to sell , transfer, lease, or otherwise encumber the faci lity or any portion thereof, or interest therein, or permit others to do sc without the prior written consent of the Governme nt. 7. ot to defease the bonds, or to borrow money, enter into any contract or agreement, or Olherwise incur any liabilities for any purpose in connection with the faci lity (exclusive of nomtal maintenance) without the prior wrinen consent of the Government if such underl1king would involve the source of funds pledged to pay the oonds. 8. To place the proceeds of the bonds on deposit in an account and in a manner approved by the GovernmenL Funds may be deposited in institutions insured by the State or Federal Gove rnment or inve led in readily marketable securities backed by the full faith and cred it of the United States. Any income from these accounts will be considered as revenues of the system. 9. To comply with all applicable State and Federal laws and regulations and to continually operate and maintain the facility in good condition. I 0. To provide for the receipt of adequate revenues to meet the requirements of debt seivice, operatioo and maintenance, and the establishment of adequate reserves Revenue accum ulated over and above that needed to pay operating and maintenance, debt service and reserves may only be retained or used to make prepayments on the loan. Revenue cannOI be used to pay any expenses which are not directly incurred for the facility fmanced by the Government No free service or use of the facility will be perm itted. ACCOrdmt W the Pr;lptrwOTI: Rtdw:tw,i Aa of JWJ. .ll(t p f ~ Q,_ ,_qc.urtd ~ rt~nd to Cl a>H«tiOrJ 0/mft;rmt;itK#r 1.1T1lm it d1Spl1;17s er v¢1d 0MB eor.:rot ,r~r. Tht rQl,d 0MB CfJfll~t ll"W"IOlr .for tl:us 1,iforMab"Pi coli!ra1,;11"11s OJiJ..001 J, 7'r• 01111, nqrurnl to C<Jmpkt. tJns mf.m,i«KNf c"'U«ti'11'1 IS «mmakd to-av~ J hour~ rrspo,utt1. mclw.lmz th, turr, pr r'1!ffN111;f l~t.l.mt, Ui21'Cllt,W ":DJ1.utt dartz JOW't"~- ~hlrtllgdM IIM111!'M1lll'IS' IN dd.d ,vf:(Ud, t:!lfld cv:implltmgarld l'f'vth'i,W lM coll«tU!fl ofmj:,r,,lott.M.  454 SPECIAL MEETING MAY 18, 2020 PAGE 3 -2- 11. To acq uire and maintain such insurance and fidelity bond coverage as may be required by the Gove.rnm ent. 12. To eswblish and maintain such books and records relating to the operation of the facility and its financial affa irs and to provide for required audit thereof as required by the Government, to provide the Government a copy of each such aud.it without its request, and to forward to the Government such additional infom1ation and reports as it may from tim e to time require. 13. To provide the Gove.rnm ent at all reasonab le tim es access to al l books and records relating to the fac ility and access to the property of the system so that the Government may ascertain that the Association is complying with the prov isions hereof and of the instruments incident 10 the making or insuring of the loan. 14. That if the Government requires that a reserve account be established and maintained, disbursements Crom that account may be used when necessary for payments due on the bond if sufficient funds are not otherwise available. With the prior wntten approval of the Government, funds may be withdrawn for: (a) P,iying the cost of repairi ng or replacing any damage to the fac ili ty caused by cata.stroph (b) Repairing or replacing short-lived assets. (c) Making extensions or improvements to the facility. Any time funds are disbursed from the reserve account, additional deposits will be required until the reserve account has reached the required funded level. 15. To provide adequate service to all persons within the serv ice area who can feas ibly and legal ly be served and to obtain the Government's concurrence prior to refusing new or adequate serv ices 10 suc h persons. Upon fai lure to provide services which are feasible and legal, such person shall have a direct right of action against the Association or public body. 16. To comply with the measures ident ified in the Government's environm ental im pact analysis for this fac ility for the purpose of a,•oiding or reducing the adverse env ironmenta l im pacts of the faci lity's construction or operation. 17. To accept a grant in an amount not to exceed$ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ under the terms ofTe red by the Government; that the _N_/_11_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ and N/A of the Association are hereby authorized and empowered to take all action necessary or appropriate in the execution of all written instrwnents as may be required in regard to or as evidence of such grant; and to operate the facility under the tem,s offered in said grant agreement(s). The 1,rovisions hereof and the provisions of all instrum ents incident to the making or the in.~uring of the loon, unless othenvise s1:,ecifically provided by the te rms of such instrument, shall be binding upon the Associati on as long as the bonds are held or insured by the Governme nt or assignee. The prov isions of sections 6 through 17 hereof may be provided for in more specific detail in the bond resolution or ordinance; to the extent that the provisions contained in such bond resolution or ordinance should be found to be inconsistent with the provisions hereof, these provisions shall be construed as controlling between the Association and the Government or assignee The vote was: Yeas _ _ _ _ _ __ ays _ _ _ _ _ __ Absent _ _ _ _ __ TN WITNESS WHEREOF, the _ _ _ _ _ _ _ _ _ _ _ _c_i .t.;y;....e_ou_n_c_i l_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ of the ___________c_1_t_v_ o_f_ H_e_n_d_e r_ _so_ n_ v_1_1_1_e___________ has duly adopted this resol ution and caused it to be executed by the officers below in duplicate on this _____1_s_c_h_ _ _ _ day of _____M _a.;;.y_ _ _ _ __ 2020 (SEAL) By Barb<\rn Volk Ancst: Title Mayor Tammie Drake, City Clerk Title  455 SPECIAL MEETING MAY 18, 2020 PAGE 4 Position 5 SD #20-0541 Form RD 1942-47 LOAN RESOLUTION FORM APPROVED (Rev . 12-97) (Public Bod ies) 0 MB 0 . 0575-0015 A RESOLUTIO OF THE _ _ _ _ _ _ _ _ _ _ _ _c_it-'y'--co_un_c_i_l_ _ _ _ _ _ _ _ _ _ _ _ _ _ __ OF THE City of Hendersonville AUTHORJZ G AND PROVIDING FOR THE lNCURRENCE OF INDEBTEDNESS FOR THE PURPOSE OF PROVIDING A PORTTON OF THE COST OF A QUIRING, CO STRUCTrNG , ENLARGING, IMPROVING, AND/OR EXTENDlNG ITS New Police Station FACILITY TO SERVE AREA LAWFULLY \\IJTHJN ITS JURISDICTION TO SERVE. IN"HEREAS, it is necessary for the City of Hendersonville (Pubbc Body) (herein after called Association) to raise a portion of the cost of such undertaking by issuance of its bonds in the principal amount of 5,000,000 00 pursuant to the prov isions of_ _ _ _ _N_o_r_th_c_a_r_o_l_i_n_a_G_e_n_er_a_l_S_t_a_t_u_t_e_l_6_0A_ -2_0_ _ _ _ _ _ _ _ _ _ _ _ ; and WHEREAS, the Association intends to obtain assistance from the Rural Housing Serv ice, Rural Business - Cooperative Service, Rural Utilities Service, or their successor Agencies with the United States Department of Agriculture, (herein called the Government) acting under !he provisions of the onsolida!ed Fam, and Rural Development Act (7 U. S. 192 1 et seq.) in the planning, fi nancing, and supervision of such undertaking and the purchasing of bonds lawfully issued, in the event that no other acceptable purchaser for such bonds is found by the Association: NOW THEREFORE in consideration of the premises the Association hereby resolves: L To have prepared on its behalf and to adopt an ordinance or resolution for the issuance of it5 bonds containing such items and in such forms as arc required by Slate statutes and as are agreeable and acceptable to the Government. 2. To reimance the unpaid balance, in whole or in part, of its bonds upon the request of the Government if at any time it shall appear to the Government that the Association is able to refinance ,ts bonds by obtaining a loan for such purposes from responsible cooperative or private sources at reasonable rates and tem1s for loans for similar purposes and periods of tim e as requi red by section 333(c) of said Consolidated Farm and Rural Development Act (7 . S. C. 1983 (c)). 3. To prov ide for, execute, and comply with Form RD 400-4, "Assurance Agreement," and Forni RD 400-1, "Equal Op1:,ortunity Agreement," including an "Equal Opportunity Clause," which clause is to be incorporated in, or attached as a rider to, each construction contnct and subcontract involv mg in excess of $ l 0,000. 4. To indemni fy the Governm ent for any payments made or losses suffered by the Government on behalf of the Association. Such indemnification shall be payable from the same source of funds pledged to pay the bonds or any other legal pcm, issible source. 5. That upon default in the payments of any principal and accrued interest on the bonds or in the perform ance of any covenant or agreement conta ined herein or in the instrum ents incident to making or insuring the loan, the Government at its option may (a) declare the entire principal amount then outstanding and accrued interest in1mediately due and payable, (b) for the account of the Assoc iation (payable from the source of funds pledged to pay the bonds or any other legally perm issible source), incur and pay reasonable expenses for repair, maintenance, and operation of the facility and such other reasonable expenses as may be necessary to cure the cause of default, and/or (c) take possession of the fac ility, repa ir, maintain, and operate or rent it. Default under the provisions of this resolution or any mstrun, ent incident to the making or insuring of the loon may be construed by the Governm ent to con.5titute default under any other instrum ent held by the Gov ernm ent and executed or assumed by the Assoc iation, and default under any such instrument may be construed by the Government lo constitute default hereunder. 6. 01 to sell, transfer, lease, or otherwise encumber the fac ility or any portion thereof, or interest therein, or permit others to do so without the prior written consent of the Governm ent. 7. 01 to dcfease the bonds, or to borrow money, enter into any contract or agreement, or otherwise incur any liabilities for any purpose in com ection with the facil ity (exclusive of nonnal maintenance) without the prior written consent of the Governm ent if such undertaking would involve the source of funds pledged lo pay the bonds. 8. To place the proceeds of the bonds on deposit in an account and in a manner approved by the GoverM1ent. Funds may be deposited in institutions insured by the State or Federa l Government or invested in readily marketable securities backed by the fu ll faith and credit of the United States. Any income from these accounts will be considered as revenues of the system . 9. To comply with all applicable State and Federal laws and regulati ons and to continually operate and maintain the faci lity in good condition. I 0. To prov ide for the receipt of adequate revenues to meet the requirements of debt service, operation and maintenance , and the establishm ent of adequate reserves. Revenue accumulated over and above that needed to pay operating and maintenance, debt service and reserves may only be retai ned or used to make prepayments on the loan. Revenue cannot be used to pay any expenses which arc not directly incurred for the fac ility financed by the Govemm enl o free service or use of lhc facili ty will be permiued. Accordr'1,f u, tht Pop1rwork hducbon Ad of J99J, no ptr:rons <ifY rtquir¥d to r1spond lO a coU«bon o/rnformabon unltn ,t di;pla,s a .,aJJd 0MB control number. Th, vaJrd 0MB cortrol rrumbu ?Jrtlus ,nfermauon col/.1aron 1s OJl~OOJ S. 1h1 om, rtqwrcd lO compltU th'-J mji,rmatwn cc,ll«Clon- is mmaud co av1rqg1 J hrnv ptr rtsporut, mcludrng lltt 1,mt far r,vJNlrl£' JIU'troettoru, $tarclu,w nut.1111 dau: :ourcu, zathlnnz olld maurtaming tlv dOUJ rr11dtd, orrd complttmg orrd r,-.,1,v,mg th, colltct1011 <J/111/crmattOfl.  456 SPECIAL MEETING MAY 18, 2020 PAGE 5 -2- 11. To acquire and maintain such insurance and fidelity bond coverage as may be required by the Government. 12. To establish and maintain such books and records relating to the operation of the faci lity and its financial affairs and to provide for required audit thereof as required by the Government, to provide the Goverrunent a copy of each such audit without its request, and to forward to the Government such additional inform ation and reports as it may from time to tim e require. 13. To provide the Government at all reasonable times access to all books and records relating to the facility and access to the property of the system so that the Government may ascertain that the Association is complying with the provisions hereof and of the instruments incident to the making or insuring of the loan. 14. That if the Government requires that a reserve account be established and maintained, disbursements from that acoounl may be used when necessary for payments due on the bond if sufficient funds arc not otherwise available. With the prior wntten approval of lhe Governm ent, funds may be w1th<lrawn for: (a) Paying the cost of repairing or replacing any damage to the facility caused by catastrophe. (b) Repairing or replacing short-lived assets. (c) Making extensions or in1provemcnts to lhe facility. Any time funds are disbursed from the reserve account, additional deposits wi ll be required until the reserve account has reached the required funded level. 15. To prov ide adequate service to all persons within the serv ice area who can feasibly and legally be served and to obtain the Governm ent's concurrence f.rior to refusing new or adequate services to such persons. Upon failure 10 prov ide services which are feasible and lega , such person shall have a direct right of action against the Association or public body . 16. To comply with the measures identified in the Government's environmental impact ana lysis for this faciLity for the purpose of avoiding or reducing the adverse environmental impacts of the faci lity's construction or operation. 17 To accept a grant in an amount not to exceed$ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ under lhe terms offered by the Government; that the _N_/ _11_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ and N/A of the Association are hereby authorized and empowered to take au action necessary or appropriate in the execution of all wriu.e n instruments as may be required in regard to or as evidence of such grant; and to operate the faci lity under the tern1s offered in said grant agreement(s). The provisions hereof and the provisions of aU instruments incident to the making or the insuring of the loan, unless o!henvise specilica lly provided by the terms of such instrument, sha ll be binding upon the Association as long as the bonds are held or insured by the Government or assignee. The provisions of sections 6 through 17 hereof may be provided for in more specilic deta il in the bond resolution or ordinance ; to the extent that the provisions conta ined in such bond resolution or ordinance should be found ta be inconsistent. with the provisions hereof, lhese provisions shall be construed as controlling between the Association and the Government or assignee The vote was: Yeas _ _ _ _ __ ays _ _ _ _ __ Absent _ _ _ _ __ IN WITNESS WHEREOF, the _ _ _ _ _ _ _ _ _ _ _ _c_1_c_y _c_o_u_n_c_1_1_ _ _ _ _ _ _ _ _ _ _ _ _ _ of the _ _ _ _ _ _ _ _ _ _c_ i·_t- 'y'---o_f_ H_e_n_d_e _r _so_n_v_i·_l_l_e_ _ _ _ _ _ _ _ _ _ has duly adopted this resolution and caused it 10 be executed by the officers below in duplicate on this _____1_a t_h_ _ _ _ day of_ _ _ __ Ma_y_ _ _ _ __ 2020 (SEAL) By Barbara Volk Attest: Title Mayor Tammie Drake, City Clerk Title 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. 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. 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. 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. 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. Resolution #20-0542 A RESOLUTION RESPECTING ENFORCEMENT OF CERTAIN CITY ORDINANCES 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  457 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: 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. 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. 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. 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. 6. Adjourn. The meeting adjourned at 6:36 p.m. upon unanimous assent of the Council. ___________________________________ __________________________________ Barbara G. Volk, Mayor Tammie K. Drake, City Clerk