Regular Town Council Meeting

TOWN OF WEAVERVILLE AGENDA Weaverville Community Room at Town Hall Monday, July 24, 2023 30 South Main Street, Weaverville, NC 28787 Regular Meeting at 6:00 pm Remote Access Option for General Public via Zoom (unless technical difficulties): https://us02web.zoom.us/j/85948891960 ; Meeting ID: 859 4889 1960 Pg # Presenter 1. Call to Order ......................................................................................................... Mayor Fitzsimmons 2. Approval/Adjustments to the Agenda ................................................................ Mayor Fitzsimmons 3. Conflict of Interests Statement ………………………………………………………………………. Mayor Fitzsimmons 4. Consent Agenda .................................................................................................. Town Manager Coffey A. June 26, 2023 Town Council Regular Meeting Minutes ………….…….…..…….…… 3 B. Monthly Tax Report ………………………………………………….………….…………...….……. 6 C. Budget Amendment – Police ………………………………………………………………….…… 11 D. Proclamation: September as Childhood Cancer Awareness Month ……….…….. 13 E. Road Closure Ordinance: Art in Autumn ……………………………………………………… 15 5. Town Manager’s Report ...................................................................................... 18 Town Manager Coffey 6. General Public Comments (see below for additional information) …...….…………. Mayor Fitzsimmons 7. Discussion & Action Items A. Annexation Petition – Maple Trace Subdivision …………………………………………… 20 David King & Atty Jackson B. Code Amendment – Road/Park Closure Compliance …………………………………… 24 Town Attorney Jackson C. ADA Transition Plan Update ………………………………………………………………………… 27 Town Attorney Jackson D. Planning Board Update and Town Council Direction ……………………………………. 28 Planning Director Eller E. Quarterly Report – Planning .……………………………………..……………………………….. 29 Planning Director Eller F. Quarterly Report – Finance …………………………………………………………………………. 31 Finance Director Dozier 8. Adjournment ........................................................................................................ Mayor Fitzsimmons General public comments may be submitted during the meeting or in writing in advance on any meeting topic or any other item of interest related to the Town of Weaverville. Normal rules of decorum apply to all comments and duplicate comments are discouraged. The general public comments section of the meeting will be limited to 20 minutes. Comments during the meeting are generally limited to 3 minutes. You must be recognized before giving your comment. Written comments timely received will be provided to Town Council and read during the 20-minute general public comment period as time allows. Written comments are limited to no more than 450 words and can be submitted as follows: (1) by putting your written comment in a drop box at Town Hall (located at front entrance and back parking lot) at least 6 hours prior to the meeting, (2) by emailing to public-comment@weavervillenc.org at least 6 hours prior to the meeting, (3) by mailing your written comment (received not later than Monday’s mail delivery) to: Town of Weaverville, PO Box 338, Weaverville, NC, 28787, Attn: Public Comments. For more information please call (828)645-7116.  WEAVERVILLE TOWN COUNCIL REGULAR MEETING – JULY 24, 2023, AT 6PM REMOTE ELECTRONIC MEETING LOGIN CREDENTIALS The Weaverville Town Council has elected to continue to provide the general public with remote electronic access to its regular monthly meetings, unless technical issues prevent such access. This NOTICE OF REMOTE ELECTRONIC MEETING is provided to inform the public that the Weaverville Town Council regular monthly meeting on Monday, July 24, 2023, at 6:00 p.m. will be held as an in-person meeting (Council Chambers/Community Room at Town Hall, 30 South Main Street) with remote attendance by the general public allowed via Zoom. For those members of the public wishing to attend remotely via Zoom the following information is provided. A virtual waiting room will be enabled and participants will be allowed entry into the meeting just prior to the start of the meeting. The instructions to access this meeting are: To join the meeting by computer, go to this link https://us02web.zoom.us/j/85948891960 You may be asked for permission to access your computer’s video and audio. If so, click “allow.” You will then be asked for the Meeting ID which is: 859 4889 1960. You will first enter a virtual waiting room. The host will admit you into the meeting just prior to the start of the meeting. To join the meeting by phone, call: (253) 215-8782 or (301)715 8592 You will then be asked for the Meeting ID which is: 859 4889 1960 . There is no password for this meeting, so if asked for one just press the # button. Guidelines and Instructions for General Public Comment: A portion of the meeting will be set aside for general public comments. Town adopted Rules for Public Comment will apply. Normal rules of decorum apply to all comments and duplicate comments are discouraged. Public comments may be submitted during the in-person meeting or in writing in advance, but will not be taken from those attending remotely. The public comments section of the meeting will be limited to approximately 20 minutes, but may be extended by Town Council if time allows. You must be recognized before giving your comment and must make comments from the podium. Individual comments during the meeting are generally limited to 3 minutes. Written comments timely received will be provided to Town Council and read into the record during the meeting as time allows. Written comments are limited to no more than 450 words and can be submitted as follows: (1) by emailing to public-comment@weavervillenc.org at least 6 hours prior to the meeting, (2) by putting your written comment in a drop box at Town Hall (located at front entrance and back parking lot) at least 6 hours prior to the meeting, (3) by mailing your written comment (received not later than with the mail delivery on the meeting day) to: Town of Weaverville, PO Box 338, Weaverville, NC, 28787, Attn: Public Comments. For more information please call (828)645-7116. To view the agenda and related materials, please visit the Town’s website at https://www.weavervillenc.org. Access to the Meeting Recording: A recording of the meeting will be available for one or two months, depending on storage capacity, beginning about 24 hours after the meeting. To access the recording visit the Town’s website at https://www.weavervillenc.org or the Town’s YouTube channel at https://www.youtube.com/channel/UCkBK1doIGY_O6_vJiqimFUQ, or call the Town Clerk at (828)645-7116. Patrick Fitzsimmons, Mayor 7/20/2023 2  MINUTES Town of Weaverville Town Council Regular Meeting State of North Carolina Monday, June 26, 2023 The Town Council for the Town of Weaverville met for its regular monthly meeting on Monday, June 26, 2023, at 6:00 p.m. in Council Chambers within Town Hall at 30 South Main Street, Weaverville, NC, with remote electronic access by the general public via zoom. Councilmembers present were: Mayor Patrick Fitzsimmons, Vice Mayor Jeff McKenna, and Councilmembers Doug Jackson, Andrew Nagle, John Chase, Catherine Cordell, and Michele Wood. Staff members present were: Town Manager Selena Coffey, Town Attorney Jennifer Jackson, Planning Director James Eller, Finance Director Tonya Dozier, Town Clerk Tamara Mercer, Police Chief Ron Davis, Fire Chief Scottie Harris, Public Works Director Dale Pennell, Water Treatment Plant Supervisor Randall Wilson, and Zoom Room Coordinator Lauren Ward. 1. Call to Order Mayor Patrick Fitzsimmons called the meeting to order at 6:00 p.m. 2. Approval/Adjustments to the Agenda Vice Mayor McKenna motioned to approve the agenda as presented. All voted in favor of the motion. Motion passed 7-0. 3. Conflicts of Interest Statement Mayor Fitzsimmons noted that it is the duty of the Mayor and every Town Council Member to avoid both conflicts of interest and appearances of conflicts. No member had any known conflict of interest or appearance of conflict with respect to any matters presented before Town Council. 4. Consent Agenda Vice Mayor McKenna motioned for the approval of the Consent Agenda. All voted in favor of the motion to approve all action requested in the Consent Agenda listed below. Motion passed 7-0. A. May 22, 2023, Town Council Regular Meeting Minutes– Minutes approved as presented B. Monthly Tax Report – Information only C. Budget Amendment – Police – Budget amendment approved as presented D. Budget Amendment – Recreation Complex – Budget amendment approved as presented E. Board of Education MOU for North Buncombe High School Canopy Project - Approved 5. Town Manager’s Report Town Manager Coffey presented the Town Manager’s report to Council which included the introduction of the new Town Clerk, CodeRed notification system implementation, a review of some 1 3  changes to parade planning to enhance safety, and the Weaverville/ Woodfin Water Interconnection project update. 6. General Public Comment General public comments may be submitted either during the meeting or in writing in advance of the meeting. Normal rules of decorum apply to all comments. The general public comments section of the meeting will be limited to 20 minutes and priority will be given to those commenters in attendance. Individuals presenting comments during the meeting are generally limited to 3 minutes. Written comments that are timely received will be provided to Town Council and read into the record during the 20-minute general public comment period as time allows. Written comments are limited to no more than 450 words and can be submitted as follows: (1) by emailing to public- comment@weavervillenc.org at least 6 hours prior to the meeting, (2) by putting your written comment in a drop box at Town Hall (located at front entrance and back parking lot) at least 6 hours prior to the meeting, (3) by mailing your written comment (must be received not later than Monday’s mail delivery) to: Town of Weaverville, PO Box 338, Weaverville, NC, 28787, Attn: Public Comments. For more information please call (828) 645-7116. Although given an opportunity to provide public comment, no one who was present for the meeting or attending on-line wished to speak, and Mayor Fitzsimmons closed the Public Comment portion of the meeting. 7. Discussion & Action Items A. Active Weaverville Bike-Ped Plan Adoption Rachael Bronson, Transportation Specialist from Traffic Planning and Design, updated Town Council on the Active Weaverville Bike-Ped Plan that has now been approved by NCDOT. Ms. Bronson’s presentation highlighted the history of the steps taken so far, the plan overview and takeaways such as interconnectivity of networks, multi-model plans and the comprehensive plan improvements. She recommended adoption of the plan as it positions the town for future grant funding and partnerships with the MPO, supports local multimodal goals for inter-connectivity, and is a guide for increasing pedestrian and bike accessibility within the Town. As well, the plan provides the timeline for future project implementation. In response to Vice Mayor McKenna’s inquiry, Ms. Bronson suggested appointing a committee to spearhead the strategic planning phase. There was discussion regarding funding mechanisms and procedures. Vice Mayor McKenna motioned to adopt ‘Active Weaverville Bike-Ped Plan’ as presented and consider appointing a committee to coordinate with staff on plan implementation. All voted in favor of the motion. Motion passed 7-0. B. Adoption of FY2023-2024 Annual Budget, Fee Schedule and Pay Plan Town Manager Coffey reminded Town Council that the public hearing on the budget was held on May 22, 2023, and that Town Council is now eligible to take action to adopt it. She further informed Town Council that in accordance § 159-7 Local Government Budget and Fiscal Control Act, the attached Budget Ordinance, Fee Schedule, and associated Pay Plan and Position Classification Plan reflecting the Town Council’s deliberations are presented for consideration. It is noted that, among other things, the budget includes increases in the stipends for the Mayor and Town Council as described in the Town Manager’s Budget Message. Mayor Fitzsimmons called for discussion or a motion. 2 4  Councilmember Jackson made a motion that Town Council adopt the FY2023-2024 Budget Ordinance which includes adoption of the fee schedule and pay plan as presented. All voted in favor of the motion. Motion passed 7-0. C. Ratification of MOU with Buncombe County Schools for SRO Services Town Manager Coffey indicated that she signed a MOU with the Buncombe County School System that allows the Town to be reimbursed for the SRO services that were provided by Weaverville’s Police Department in FY2022-2023. Time constraints did not allow her to get approval by Town Council prior to the grant deadline and she asked for Town Council’s ratification of the MOU. Councilmember Nagle made a motion to ratify the MOU as presented. Without further discussion, the motion passed unanimously. D. Recreation Complex Update Town Attorney Jackson provided an update on the status of this project and indicated that this is such a small project that contractors were difficult to find. Staff is told that 3 contractors are actively working on their bids but have not yet submitted. This project is within the informal bid range, which means that Town Council does not have to award the bid. Town Manager indicated that she would like some citizens to be part of an ad hoc committee that will be working on the rules, regulations, and procedures for the operations of the Recreation Complex. Councilmember McKenna volunteered to assist with selecting citizen members and to serve on the Recreation Complex ad hoc Committee with staff members as assigned by the Town Manager, to which Mayor Fitzsimmons, without objection, appointed Vice Mayor McKenna to serve. Councilmember Nagle made a motion to authorize the Town Manager to evaluate and award the bid on the Recreation Complex work to the lowest qualified responsive bidder and to negotiate and execute the related contract, subject to staff level approval. All voted in favor of the motion. Motion passed 7-0. E. Water System Resiliency Project- Generator Purchase Public Works Director Pennell provided a summary on the Water System Resiliency Project and recommends accepting the lowest bid from Cummins Sales and Service as presented. Councilmember Chase made a motion to accept the Cummins Sales and Service quotes and authorize the Town Manager and Finance Officer to execute documents as necessary to purchase said generators for total purchase price of $280,000 as defined in the terms of quotes. All voted in favor of the motion. Motion passed 7-0. F. Quarterly Report – Public Works and Water Public Works Director Pennell presented Town Council with the quarterly report for activities related to Public Works and Water. 8. Adjournment Without objection, Mayor Fitzsimmons declared the meeting adjourned. Meeting adjourned at approximately 7:25 p.m. __________________________________________ Tamara Mercer, Town Clerk 3 5 6 7 8 9 10 11 12  TOWN OF WEAVERVILLE TOWN COUNCIL AGENDA ITEM Date of Meeting: July 24, 2023 Subject: Proclamation Recognizing September as Childhood Cancer Awareness Month Presenter: Selena Coffey, Town Manager Attachments: Proclamation Description: Attached please find a Proclamation Recognizing September as Childhood Cancer Awareness Month in the Town of Weaverville. Action Requested: The Town Manager recommends approval of this Proclamation by Town Council during this meeting. 13  PROCLAMATION Recognizing September 2023 as Childhood Cancer Awareness Month Whereas, childhood cancer is the leading cause of death by disease in children, and; Whereas, 1 in 260 children in the United States will be diagnosed by their 20th birthday, and; Whereas, 47 children per day or 17,155 children per year are diagnosed with cancer in the U.S., and; Whereas, there are approximately 40,000 children on active treatment at any given time, and; Whereas, the average age of diagnosis is 6 years old, compared to 66 years for adults’ cancer diagnosis, and; Whereas, 80% of childhood cancer patients are diagnosed late and with metastatic disease, and; Whereas, on average there’s been a 0.6 percent increase in incidence per year since the mid 1970’s resulting in an overall incidence increase of 24 percent over the last 40 years, and; Whereas, two-thirds of childhood cancer patients will have chronic health conditions as a result of their treatment toxicity, with one quarter being classified as severe to life-threatening, and; Whereas, approximately one half of childhood cancer families rate the associated financial toxicity due to out-of-pocket expenses as considerable to severe, and; Whereas, in the last 20 years only four new drugs have been approved by the FDA to specifically treat childhood cancer, and; Whereas, the National Cancer Institute recognizes the unique research needs of childhood cancer and the associated need for increased funding to carry this out; Whereas, hundreds of non-profit organizations at the local and national level are helping children with cancer and their families cope through educational, emotional and financial support, and; Whereas, researchers and healthcare professionals work diligently dedicating their expertise to treat and cure children with cancer, and; Whereas, too many children are affected by this deadly disease and more must be done to raise awareness and find a cure. Now therefore, I, Patrick Fitzsimmons, Mayor, do hereby proclaim September 2023 as Childhood Cancer Awareness Month in the Town of Weaverville, North Carolina. I encourage all citizens to observe Childhood Cancer Awareness Month and support this cause that so deeply impacts families in every community across our country. Patrick Fitzsimmons, Mayor Town of Weaverville ATTEST: James Eller, Town Clerk 14  TOWN OF WEAVERVILLE TOWN COUNCIL AGENDA ITEM Date of Meeting: July 24, 2023 Subject: Road Closure Ordinance: Art in Autumn Presenter: Selena D. Coffey, Town Manager Attachments: Road Closure Ordinance - Art in Autumn 2023 Description: Attached please find the Ordinance for the road closures for the respective event. Council Action Requested: The Town Manager recommends approval of the Ordinance. 15  TOWN OF WEAVERVILLE AN ORDINANCE DECLARING A ROAD CLOSURE FOR THE WEAVERVILLE ART IN AUTUMN FESTIVAL WHEREAS, the Town Council of Weaverville acknowledges a long tradition of supporting the annual Weaverville Art in Autumn Festival, that benefits the Weaverville and the North Buncombe community; and WHEREAS, the Town Council of Weaverville acknowledges a long tradition of providing the Weaverville Art in Autumn Festival for the pleasure of its citizens; and WHEREAS, the Town Council of Weaverville acknowledges the Weaverville Art in Autumn requires approximately two (2) hours to install signage, and also requires approximately one (1) hour for removing signage, litter, etc. WHEREAS, The Town Council of Weaverville recognizes that the detour route will be appropriately marked with signage and personnel at various locations to ensure the motoring public travels safely and without unnecessary delay. NOW, THEREFORE, BE IT ORDAINED by the Town Council of Weaverville pursuant to the authority granted by G. S. 20-169, that we do hereby declare a temporary road closure on the day and times set forth below and the following described portion of a State Highway System route: Event: Weaverville Art in Autumn Date: September 16, 2023 Time: 5:00 am until 10:00 pm Road Closure: The portion of Main Street between Church Street and Brown Street will be closed to vehicular traffic and all traffic safely detoured around this area And it shall be (1) unlawful for any person to remove any barrier (traffic cone or barrel, barricade, caution tape, etc.) or sign stating that a street or roadway is closed to traffic, and (2) unlawful to drive on or over a street or roadway that is marked, signed or barricaded to indicate that it is closed to traffic. A person who violates any provision of this ordinance may be subject to criminal and/or civil penalties. This ordinance is to become effective when signs are erected giving notice of the road closures and detour routes, and the implementation of adequate traffic control. Adopted this 24th day of July, 2023 __________________________________________ Patrick Fitsimmons, Mayor Attest: _________________________________________ Tamara Mercer, Town Clerk 16 17  Town of Weaverville, North Carolina Town Manager’s Monthly Report Selena D. Coffey, ICMA-Credentialed Manager July 2023 CodeRED Implementation Staff is continuing our training on CodeRED and hope to have this pushed out to the public for enrollment by August. Recreation Ad Hoc Committee Thanks for Vice Chair McKenna for facilitating the membership of our Ad Hoc Committee for the recreation complex. We have had our first meeting. Members include Earl Rohrback, Stuart Brown, Vice Mayor McKenna, Russ Kantner and staff members Dale Pennell, Jennifer Jackson, Shelby Stovall, and me. Internship Program As you may recall, the Town has attempted to start an internship in Administration in the past. Unfortunately, this approach with the intern only working in this one department was not successful. We have revamped our internship program and will be using it as an innovative approach to recruiting future employees. Via this program, each department will be assisting with hosting a part- time, temporary intern to work primarily with the Weaverville Police Department before he goes to Basic Law Enforcement Training (BLET). As a way to give the intern more exposure, the intern will be spending time with all of our departments and thus getting a broad array of experiences. This is a model that some jurisdictions across our state are using. I want to thank Assistant Police Chief Oberlin for her initiative, creativity, and work in developing some guidelines and working with our intern! I think this will be a great way to get youth in our community interested in law enforcement and local government in the future! Fire Station Solar Project at Weaverville Fire Department We have been working with Sugar Hollow Solar and expect that the solar panel project for the WFD will begin near the end of the year. The delay is largely due to the permitting and inspections that are required for the project. Once the work begins, the project is expected to only take 1.5 weeks to complete. Update on Eller Cove Watershed Plans As I reported in May, staff from the Southern Appalachian Conservancy submitted a $2,500 grant for signage and exclusion fencing to protect the portions of the Watershed that include the reservoir which was not included in the conservation area. Unfortunately, the Town did not receive this grant. Staff has met and reviewed Mark Endries’ draft management plan for the Eller Cove Watershed and will be meeting with Mark to further refine the management plan and try to address concerns 18 regarding monitoring of the property, security of the watershed with public use of the property, security for visitors of the property, construction of bridges and viewing platforms, etc. The draft management plan calls for Town resources to include funds and staffing, which has not been budgeted and cannot be accomplished with current staffing. I expect to place this item on Town Council’s agenda for discussion at the August meeting. Well Wishes to Shelby Stovall As I have shared with Town Council via email, we are sad to see Shelby leave to start her new married life out of state. Shelby has done an absolutely tremendous job for the Town with her exceptional management of the Weaverville Community Center at Dottie Sherrill Knoll. Best wishes to Shelby and know that you’ll be missed by our team! 19  TOWN OF WEAVERVILLE TOWN COUNCIL AGENDA ITEM MEETING DATE: July 24, 2023 SUBJECT: Annexation Petition – Maple Trace Subdivision PRESENTER: David King, Maple Trace HOA, and Town Attorney ATTACHMENTS: GIS Map; Proposed Resolution DESCRIPTION/SUMMARY OF REQUEST: The Maple Trace Homeowners’ Association, Inc., and property owners within the Maple Trace Subdivision have submitted a voluntary annexation petition that encompasses all of the subdivision lots and common space within the existing subdivision known as Maple Trace. The area is approximately 65 acres and is located near the intersection of Reems Creek Road and Parker Cove Road on private subdivisions roads named Water Leaf Drive, Wild Ginger Court, Checkerberry Court, Bell Lily Drive, and Rosebud Orchid Way. This property is not contiguous to the primary municipal limits of the Town, but located approximately 650 feet from the Town’s primary municipal limits. Construction of single-family homes has been completed on just about all lots and vested rights are claimed so that the subdivision can be completed as originally planned and permitted. All properties are served by the Town’s water system and MSD. Due to the large number of petitioners (representing approx. 135 lots and 8 common areas), the annexation petition is voluminous and is not provided with this agenda item but is available upon request. Maple Trace has indicated that the primary purpose for the annexation petition is to receive municipal services and for the private roads within the subdivision to be accepted into the Town’s public street system. Maple Trace representatives and Town staff will be at tonight’s meeting to discuss the petition and to answer questions that Town Council may have. Should Town Council wish to consider the annexation of these properties, the first steps are to: (1) request that the Town Clerk investigate the sufficiency of the annexation petition; (2) request that the Planning Board consider and recommend the most appropriate zoning district for all of the property to be annexed; (3) request a staff report analyzing the effect that this annexation might have on Town services and any additional resources needed; and (4) request that the Public Works Director develop a testing and inspection program for the petitioners to undertake so that the private streets and related stormwater system can be evaluated, and provide Town Council with a report and recommendation concerning the results and possible acceptance of those streets into the Town’s public street system. Representatives from Maple Trace have indicated a willingness to work with Mr. Pennell over a period of months on the testing, and possible remedial work, should Town Council wish to proceed. COUNCIL ACTION REQUESTED: Town Council discussion and action or direction to staff on this matter is needed. Should Town Council wish to proceed with this annexation request, consideration of the attached resolution, which incorporates all actions outlined above, would be proper. 20  Maple Trace Subdivision 21 July 11, 2023 1:9,028 0 0.075 0.15 0.3 mi  TOWN OF WEAVERVILLE RESOLUTION CONCERNING VOLUNTARY ANNEXATION PETITION FOR MAPLE TRACE SUBDIVISION WHEREAS, a petition requesting annexation of the entirety of Maple Trace Subdivision has been received by the Town of Weaverville and the Weaverville Town Council deems it advisable to proceed in response to this request for annexation; and WHEREAS, N.C. Gen. Stat. § 160A-58.2 provides that the sufficiency of a non- contiguous annexation petition shall be investigated by the Town Clerk before further annexation proceedings may take place; and WHEREAS, a Planning Board review and recommendation on the initial zoning of the areas to be annexed is required prior to Town Council taking any action to amend the zoning map should these properties be annexed, although vested rights are claimed for all development; and WHEREAS, staff analysis on the effect that this annexation will have on the provision of Town services is advisable prior to Town Council taking any action on the annexation petition; NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Weaverville as follows: 1. The Town Clerk, with the assistance of the Town Attorney, is hereby directed to investigate the sufficiency of the voluntary annexation petition and to certify to Town Council the result of her investigation. 2. The Planning Director is directed to place the properties that are the subject of the annexation petition on the Planning Board’s agenda for review and recommendation as to the most appropriate zoning district for an initial Town zoning of these properties, that consistency with the Town’s Comprehensive Land Use Plan be part of that review, and that a Planning Board recommendation be submitted to Town Council as soon as practical, but in no event later than any public hearing that may subsequently be held on this matter. 3. The Town staff is directed to provide a report analyzing the effect that this annexation might have on the provision of Town services and any additional resources that will be needed to extend Town services to these properties should they be annexed. 4. The Public Works Director is directed to develop a testing and inspection program, to be performed by or on behalf of the petitioners and at petitioners’ expense, for evaluation of the private street construction standards, condition of the streets and related stormwater system on all of the streets that are proposed for acceptance into the Town’s public street system. The Public Works Director is authorized to work with the petitioners and provide guidance concerning the testing and inspection and to advise the petitioners on any remedial measures that will be 22  recommended based on the Public Works Director’s review of the testing results. The Public Works Director is further directed to provide such reporting to Town Council as necessary to keep them informed of the testing results, remedial work undertaken and/or completed, and his final recommendation concerning acceptance of the streets into the Town’s public street system. 5. It is acknowledged that this voluntary annexation petition covers approximately 65 acres and approximately 1.4 miles of streets, and involves a large number of petitioners (representing approximately 135 lots, and 8 common areas), and that it will take staff time to provide the analysis, certifications, and recommendations required by this resolution. Staff is directed to provide an update at its November 2023 regular meeting, if not before. THIS the _____ day of July, 2023 _________________________________________________________ PATRICK FITZSIMMONS, Mayor ATTESTED BY: _________________________________________________________ TAMARA MERCER, Town Clerk 23  TOWN OF WEAVERVILLE TOWN COUNCIL AGENDA ITEM MEETING DATE: July 24, 2023 SUBJECT: Code Amendment - Road and Park Closure Compliance PRESENTER: Town Attorney ATTACHMENTS: Proposed Code Amendment DESCRIPTION/SUMMARY OF REQUEST: The Town Manager and Police Department have noted a significant safety concern related to people violating a road closure ordinance or a park closure by removing traffic cones or other barriers and/or using the closed road or park. To strengthen the Town’s enforcement against this type of violation, the Town Attorney has drafted Code Amendments to Chapter 28, which governs traffic and parking, and Chapter 18, which governs parks and recreation. The proposed ordinance provisions prohibit the removal of any traffic control device (including traffic cones, traffic barrels, signs, caution tape, or barricade) when a road/park has been closed to public use and the use of that closed area. Criminal penalties and civil penalties are recommended for these ordinance provisions. Adding a fee of $300 per violation to the newly adopted fee schedule is also recommended. TOWN COUNCIL ACTION REQUESTED: Town Council discussion and possible action to adopt the proposed Code amendments and amend the fee schedule to add an appropriate penalty, or direction to staff. 24  ORDINANCE AMENDING WEAVERVILLE TOWN CODE CONCERNING ROAD AND PARK CLOSURE COMPLIANCE WHEREAS, N.C. Gen. Stat. §§ 160A-174 authorizes municipalities to, by ordinance, define, prohibit, regulate, or abate actions, omissions, or conditions, that are detrimental to the health, safety, or welfare of its citizens; and WHEREAS, Town Council wishes to provide for better public safety by amending its traffic and park regulations in order to strengthen and clarify enforcement provisions related to removal of traffic control devices, including those indicating that a park or public street and/or sidewalk is closed, and the use of areas closed to the public; NOW, THEREFORE, BE IT ORDAINED by Town Council of the Town of Weaverville, North Carolina, as follows: 1. Chapter 28, entitled “Traffic and Parking” is hereby amended as follows with added language being shown as underlined: Sec. 28-5. Definitions. For the purposes of this chapter the following definitions shall apply, except where the context clearly indicates a different meaning: … Barrier means any traffic cone, traffic barrel, barricade, caution tape, fence, gate, or other similar device implemented as a traffic control measure (whether temporary or permanent) to prevent access to a specific area. Sec. 28-51. Establishment of traffic regulations—Generally. Town council has the authority to prohibit, regulate, divert, control, and limit pedestrian and vehicular traffic upon the public streets, sidewalks, alleys, and bridges within the town. Included within this authority is the right to establish traffic control regulations on the public streets and sidewalks within its control, including, but not limited to, the establishment of one- way streets, stop and yield intersections, truck traffic restrictions, and speed limits. Sec. 28-52. Traffic control regulations and signage. Traffic control regulations adopted by the town to establish one-way streets, stop and yield intersections, truck traffic restrictions, and speed limits are fully enforceable if signage and/or markings are installed. It shall be unlawful to disobey traffic control signs and markings within the town. It is unlawful for any person to remove any traffic control device, marking, sign, or barrier, including but not limited to those listed above and those indicating that a public street and/or sidewalk is closed. 25 Sec. 28-59. Closed Streets and Sidewalks – Use Prohibited. It is unlawful to use any street or sidewalk that has been marked, signed, or barricaded to indicate that it is closed. This applies to vehicular and pedestrian traffic unless the purpose of the closure is to allow for pedestrian traffic upon the street or sidewalk that is the subject of the closure. 2. Chapter 18, entitled “Parks and Recreation” is hereby amended as follows with added language being shown as underlined: Sec. 18-5. Closed Parks – Use Prohibited. It is unlawful to use any park or facility that has been marked, signed, or barricaded by any means to indicate that it is closed. This applies to vehicular and pedestrian traffic and use unless the purpose of the closure is to allow for pedestrian traffic within the area that is the subject of the closure. It is also unlawful for any person to remove any traffic control device, marking, barrier (traffic cone, traffic barrel, barricade, caution tape, fence, gate or other similar device) or sign indicating that a park or facility is closed. 3. It is the intention of Town Council that the sections and paragraphs of this Ordinance are severable and if any section or paragraph of this Ordinance shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining paragraphs or sections of this Ordinance, since they would have been enacted by Town Council without the incorporation in this Ordinance of any such unconstitutional or invalid section or paragraph. 4. These amendments shall be effective immediately upon adoption and immediately codified. ADOPTED THIS the _____ day of _________, 2023, by a vote of ___ in favor and __ against. __________________________________________________ PATRICK FITZSIMMONS, Mayor ATTESTED BY: APPROVED AS TO FORM: _________________________________________________ ______________________________________________ TAMARA MERCER, Town Clerk JENNIFER O. JACKSON, Town Attorney 26  TOWN OF WEAVERVILLE TOWN COUNCIL AGENDA ITEM MEETING DATE: July 24, 2023 SUBJECT: ADA Transition Plan Update PRESENTER: Town Attorney - ADA Coordinator ATTACHMENTS: None DESCRIPTION/SUMMARY OF REQUEST: On June 22, 2020, Town Council adopted an ADA Transition Plan in order to improve the Town’s ADA accessibility over a five (5) year period. Town Council appointed the Town Attorney, Jennifer Jackson, as the ADA Coordinator to oversee the implementation of the Plan. Jackson provides the follow report on the progress towards better ADA accessibility within the Town. Over the last year there have been two ADA accessibility complaints/comments received from the public that has concerned Town facilities or operations. One interaction highlighted the dangers associated with the handicap ramp at the Lake Louise Park being too steep to safely navigate. The other concerned the tables and chairs obstructing the use of Florida Avenue. The vast majority of the items slated for completion in FY2022 and FY2023 have been accomplished, or are scheduled for completion in FY2024. Highlights of items accomplished include installation of ADA compliant room signage at Town Hall and in the Police Department, the completion of a new handicapped parking area and access to the playground at Lake Louise Park. While not on the Transition Plan, an ADA accessible swing was added and the walkway around Lake Louise was recently paved, which only enhances the ADA accessibility of that recreational amenity and may give an ADA accessible alternative to the existing ramp. FY2024 should see the installation of additional new playground equipment with ADA accessible features at Lake Louise Park, reconfiguration of the Town Hall parking lot for better handicapped parking and accessibility, and the repair or replacement of sidewalk ramps that will be accomplished when the street improvement project gets underway. This includes better ADA access along some of the Town’s busiest downtown streets. In addition to minor improvements that are being made each year, upcoming work that is in the planning stages includes the following: • Restructuring of the handicapped parking space in front of Town Hall for full van- accessible ADA compliance • Review of adequacy of handicapped parking in the Main Street area • Reconfiguration of the Lake Louise Park parking lot (below the Community Center and across from the fitness equipment) • Continued upgrades and modifications to sidewalk ramps on Town-maintained streets COUNCIL ACTION REQUESTED: Support of enforcement of the ADA sidewalk regulations that require a 3-foot minimum clearance width for continuous passage and larger passing areas no further apart than 200 feet. 27  TOWN OF WEAVERVILLE TOWN COUNCIL AGENDA ITEM MEETING DATE: July 24, 2023 SUBJECT: Planning Board Update and Town Council Direction PRESENTER: Planning Director – James Eller ATTACHMENTS: None DESCRIPTION/SUMMARY OF REQUEST: In its last few meetings, the Planning Board has spent a significant amount of time discussing open space conservation design and planning its work on short term rentals. Based on those conversations there was a desire to get some feedback from Town Council on both of those projects before proceeding further. Open Space/Conservation Design The Comprehensive Land Use Plan priorities provides that the following goal is a high priority: “Consider regulations that encourage open space or greenway dedication, conservation measures”. The Planning Board’s discussions on this topic have evolved to the consideration of requiring all residential development (single family residences to large multifamily projects) to implement conservation measures where possible. An example of this might be the requirement of an environmental inventory on all properties to identify mature trees and wooded areas, large rock outcroppings, wetlands, historic resources, scenic resources, viewsheds, etc., and requiring that unique natural features be preserved if possible. This is a shift away from “encouraging” such practices and incentive-based regulation, which could provide reduced lot sizes, reduced setbacks, and/or density bonuses, when open space or conservation is included in the design of residential projects. The Planning Board is seeking input from Town Council before proceeding further with its study and recommendation on this topic. Short Term Rental Project The Planning Board has started its work on the Short Term Rental (STR) Project. To date the Planning Board has heard an informative presentation on the topic by Land of Sky Regional Council representatives, identified stakeholders, and developed some questions which staff has now posed to regional jurisdictions. The Planning Board raised a concern about whether they will be able to offer a broad enough perspective as the issue is studied and seeks direction from Town Council on whether the Planning Board should serve as the STR “working group” or whether Town Council would prefer to appoint a group that includes representatives from some of the stakeholders that have been identified. COUNCIL ACTION REQUESTED: Direction to the Planning Board on the whether Town Council wants to consider regulations that would require conservation design for all residential development or whether Town Council would prefer that such regulation incentivize conservation design. Direction on the membership of a Short Term Rental Project Working Group. 28  TOWN OF WEAVERVILLE TOWN COUNCIL AGENDA ITEM Date of Meeting: Monday, July 24, 2023 Subject: Planning Department Report for the 2nd Quarter of Calendar Year 2023 Presenter: Planning Director Attachments: Planning Department Report Description: Attached you will find a report reflective of permits issued in April, May and June, 2023 and Planning Board and Board of Adjustment activity during the same time. Action Requested: None 29  Planning Department Report – Q2, 2023 Total Zoning Permits Issued: 42 Residential: Single family dwellings: 11 Internal upfit or accessory structure: 18 Commercial: New Commercial: 1 Internal upfit or accessory structure: 12 Sign Permits: 4 Planning Board Activity April: The Board conducted a comprehensive review of the Table of Uses and was provided an analysis by staff related to the Religious Land Use and Institutionalized Persons Act. Staff lead a review of the remaining priorities of the Comprehensive Land Use Plan. May: The Board offered a favorable recommendation to Town Council on proposed text amendments within the Table of Uses for home occupations and places of gathering. The Board also held discussions related to the future land use map within the CLUP and conservation design and development. June: The Board received a presentation from the Land of Sky Regional Council on short term rental regulations & strategies. Board of Adjustment Activity The Board of Adjustment did not meet during this time. 30 31 32 33 34 35 36