Fletcher Town Council Budget Workshop Meeting Minutes May 5, 2018  Call the meeting to order at: 09:02 am Those who were in attendance are as follows:  Mayor Rod Whiteside Councilman Bob Davy Councilwoman Sheila Franklin Councilman Hugh Clark Town Manager Mark Biberdorf Assistant Town Manager Heather Taylor Town Clerk Christine Thompson  Mayor Pro-Term Eddie Henderson did not attend this meeting  The purpose of this meeting is to make some final decisions on the upcoming 18/19  FYI Budget.  Overview of the Proposed FY 2018-2019 Budget  Balanced budget presented totaling $6,886,806 in revenues and expenses.  This is an $185,277 increase from FY 2017-2018 budget. The increase in expenditures will be offset by growth in revenues. The proposed tax: rate for Fletcher would remain at 34 cents under the  recommended budget.  22.5 cents of the 34 cent tax: rate supports services directly provided by the Town. The remaining 11.5 cents of the tax rate goes to contracted fire protection services.  No additional full time positions recommended.  2% COLA this year due to Social Security cost of living measure going up. Begin construction on Highway 25 Corridor Improvements Project.    Additional debt service space created by delay of Parks & Recreation Maintenance  Building project.  14% increase in health insurance premiums with current BCBS plan. No increase in dental premiums with Principal Dental Insurance.  Overall Economic Outlook for FY 18-19  Improved growth is expected in national economy. (Projected GDP growth of2.8%)  Inflation occurring in the 2.2-2.25% range  Interest rates should rise while consumer confidence remains at its highest level NC'seconomic outlook is good with 9,900 jobs added each of the last 3 months of NC'sa aggregate growth rate in real GDP surpassed national growth for the third Economic growth in the state in 2018 is expected to expand real GDP by 2.8%.  since 2000. 2017.  straight year.  Local Economic Factors  Residential growth still occurring (Sycamore Cottages -151 unit development has homes under construction; St John's Woods built out -9 additional units; and Groves Commercla/mdustra growth continues to be moderate- Manufacturing projects have slowed, O'Riley Auto parts Poteet St., Hunter Automotive on Hwy 280, and spec  at' Town Center under construction 168 units).  building at town limits on Hwy 25. Retail sales continue on positive trend.  Revenue Outlook  Ad Valorem values projected to increase from $ 1,140,201,000to91,167,542,000.    Largest portion of increase in. Ad Valorem coming from real property values (1% Sales Tax is expected to be much more moderate this year from $ 1,550,000 U to  growth). $1,566,000.  Slight decrease in Utilities Sales Tax from $689,000 to $679,000. 2% increase (additional $83,124) in real and personal property taxes. 4% increase (additional $8,905) in Motor vehicle property taxes. 108% increase (additional $13,000) in Interest on Investments. 2% increase (additional $4,000) in projected Powell Bill revenues. 1% increase (additional $16,000) in Local Sales Tax. 5% increase (additional $5,000) in Recreational Activies. 20% increase (additional $1,000) In Land Use Permits 49% increase (additional $ 1,470) in. ABC Law Enforcement. 143% increase (additional $100,000) in. ABC Distribution. 12% decrease (drop of $2,000) in prior year taxes. 1% decrease (drop of$10,000) in utilities sales tax. 5% decrease (drop of $1,900) in Beer & Wine Tax. 2% decrease (drop of$ $1,478) in Cable Franchise revenues. 100% decrease (drop of $28,161) in Appropriated Fund Balance.  Budget Requests  Budget requests initially came in $225,000 above prior year revenues.  Requests included one additional full-time position-Parks & Recreation Maintenance  Specialist.  Includes funding for semi-automation of brush collection service    Equipment upgrades for maintenance function in Parks & Recreation.  Equipment upgrades within Public' Works  Construction of Highway 25 Corridor Improvements project. Expenses requests funded within current tax rate of 34 cents.  Reductions or additions in some line item requests were made at the Manager's  recommendation.  Cost Saving Measures Realized  Dental insurance renewal with the Principal kept flat, initially came in 4.9% higher. Broker quotes medical and dental coverage against comparable insurance plans Had a 2.9% decrease last year on medical insurance premium; however this year Reducing contract services cost by $6,000 due to well testing no longer being  each year.  premiums went up by 14% with Blue Cross Blue Shield.  needed on brownfields site.  Reductions in utilities and department supplies at' Town Hall.  Decrease in incentives paid out for economic development (over $71,000 decrease  inj projected payments) Governing Body  Small increase in overall funding for this department going from $48,235 to $50,111. Slight increase in salaries line item for 2% COLA from $35,223 to $35,927.  Travel &' Training increase slightly from $4,500 to $5,000. Department Supplies increase from $1,700 to $2,260. Small adjustment in Dues & Subscriptions from $230 to $290.  Administration    Moderate increase in total departmental appropriations from $482,634 to $ 512,839.  Largest increase is in salaries from $348,800 to $368,445  Moderate increase for fringe benefit line items due to merit and COLA adjustments.  Slight decrease in Dues & Subscriptions line from $1,100 to $800. Small increase in Motor Vehicle Expense from $10,000 to $10,500.  Professional Services  As significant decrease in departmental budget from $306,347 to $248,505  Legal line increased from $8,000 to $10,000.  Professional Services line increased from $20,000 to $30,500 for pay classification Economic Development line decreased from $240,500 to $169,108 due lower Increase in Fletcher Town Center line from $14,000 to $20,000 for option monies.  study.  incentive obligation.  Planning Department  Slight increase in total departmental appropriation going from $112,422 to $116,907. Most of the increase attributed to salaries line merit and COLA adjustments (increase  from $81,200 to $84,506)  Slight adjustments to fringe benefit lines due to merit pay and COLA. Small increase in' Travel &' Training line item from $2,000 to $2,500.  Some small decreases in Advertising, Dept. Supplies and Dues & Subscriptions lines.  Town Facilities  A slight decrease in total departmental appropriations from $ 138,500 to $ 126,219.    Utilities line decreased from $63,000 to $60,000 due to better estimate on utility costs Department Supplies line decreased from $9,500 to $7,000 to more closely align Dues & Subscriptions line decreased by $1,000 from $16,500 to $15,500. Decrease in Contract Services line from $19,000 to $13,000 due to well monitoring  from Town Hall.  with anticipated expenses.  requirement ending. Police Department  A slight increase in the overall budget going from $1,381,624 to $ 1,390,639. Last year had startup costs for implementation of Animal Control. Last year also had grant request for motorcycle program through NCGHSP  Last year funded new. lieutenant position.  Largest portion of increase is in the salaries line item going from $787,774 to  $810,826.  Second largest portion of the increase is the fringe benefit line items for COLA and  merit adjustments.  Overtime line item increased from $12,000 to $15,000.  Increase in Department Supplies line from $20,000 to $22,000 to cover cost of Decrease in physicals/Drug line item from $17,400 to $ 4,000 due to one-time Increase in uniforms line from $16,429 to $30,029 for replacement of bulletproof  additional ammunition for more training.  expenses for. Animal Control being completed.  vests. ITDepartment  One Who Serves continues to provide high quality support at a cost effective price. Moderate increase in overall departmental expense from $173,100 to $1 191,410.    Slight increase in Telephone from $42,000 to $ 45,780 to cover more lines and Increase in dues line from $ 13,100 to $16,500 for migration to cloud based email Increase in subscriptions IT line from $42,150 to $ 43,480 for internet service at old Capital Expense line includes funding for PD video and RMS Server Licensing ($3,800), Virtual Machine Host Server ($11,500), Plotter ($4,500) Replacement Desktop PCs ($3,650), and Misc. Parts and Equipment ($5,000).  devices to the cell phone contract.  hosting. PD building.  Contracted Services - Fire & Rescue of the Town's 34 cent tax rate this year.  Fletcher Fire & Rescue (FF&R) will receive what the tax levy produces on 11.5 cents Total appropriations for FF&R will increase from $1,199,682 to $ 1,229,611. This includes $24,000 that is budgeted for prior year adjustment.  Mills River Fire & Rescue's portion of the tax rate will remain at 9 cents this year. Total appropriations for Mills River will increase slightly from $124,022 to $ 125,236. The appropriation may change slightly as we: receive final property value estimates  from the county. Public Works  Significant increase in total appropriations from $942,932 to $ 1,034,780. mplementation of new method of brush collection -uses a truck and grappler that  will semi-automate the process.  Grant for purchase of 95 gallon recycling carts.  Purchase of four post vehicle lift to improve maintenance capabilities for fleet.  Replacement of zero turn scag mower.  Salaries line sees slight increase for merit and COLA adjustments from $321,971 to  $325,804.    Fringe benefit line items increased for merit and COLA adjustments.  Increase in' Travel &' Training from $1,000 to $2,500  Increase in M&R Town Facilities from $60,000 to $70,000 for maintenance of all Decrease in M & RU.S. 25 from $9,000 to $7,000 due to street banners and hardware Grant expenses line added at $23,961 for recycling cart grant (20% local match) Increase in Landfill Charges from $ 101,000 to $ 105,000 to cover increased tonnage. Increased in Recycling from $82.200 to $ 94,605 for CPI and increase in households. Increase in uniforms line from $9,066 to $10,066 to cover increase in cleaning costs. Increase in disposal fees from $9,000 to $ 20,000 to cover increased costs to dispose Increase in Tools & Equipment line from $12,000 to $24,000 to cover the purchase of  facilities.  purchased last year.  of] brush.  four post vehicle lift. Public Works-Powell Bill  Slight increase in Powell Bill revenues going from $191,000 to $195,000.  $195,000 budgeted on the revenue and expense side. This is primarily used for re-surfacing of streets.  Parks & Recreation $618,233. assistance.  Moderate increase in overall departmental appropriation from $ 549,522 to Full-time maintenance position not included but continued support for part-time    Equipment upgrades recommended for park maintenance (Polaris, Scag Mower,  and Pro Field Groomer).  Middle school summer day camp program extended.  Part' Time Salary line increased from $76,600 to $81,950 due to extending middle  school camp and raises for camp staff. Increase in utilities from $28,000 to $31,000.  Small decrease in Holiday Decorations from $2,500 to $2000.  Increase in Summer Day Camp from $20,000 to $28,000 to extend Middle School  camp.  Advertising decreased from $2,500 to $1,500.  Department Supplies increased from $2,000 to $2,600 for plotter ink. Concessions decreased from $11,000 to $10,000 to match activity level. $40,320 in Capital Outlay for Polaris Scag Mower, and Field Groomer. Increase in Park Maintenance line from $32,000 to $35,000.  Break for lunch at 11:40 am Back from lunch at 12:57 pm Options for Surplus Revenues  Lower the tax rate by half a cent from $.34 to $.335.  Accelerate implementation of 95 gallon recycling carts (1,297). Fund balance designation for library construction.  Fund balance designation for greenway extension or development of Meritor Park.  $64,825 to the good. Discussion Followed:    Staffsuggests fund balance designation or acceleration the implementation of  the recycling carts.  Suggested that maybe funds be split between both of these options.  Conclusion of Operating Budget Presentation of CIP Budget next.  The Town Manager stated that he would prepare a more condensed presentation  with some graphs and charts at the June 11 Public Hearing.  Capital Improvement Budget within CIP  This recommended capital budget includes $.085 of the tax levy to fund eligible  projects.  0.85 generates $ 982,407 in revenue for FY 18-19.  0.65 would be dedicated for projects supported by debt service and the remaining The amount oflevy available for debt service supported projects will be $751,313. Amount oflevy available for new projects without debt will be $231,174.  .02 would be for non-debt service project, or pay as you go.  CIP-Debt Service  Two projects funded under debt service- 1) Town Hall Improvements Project; 2) Debt Service requirements for the Town Hall Project will be $578,149.  Knuckle Boom Brush Truck  A projected debt service requirement for the Knuckle Boom Brush Truck is $41,451.  Surplus debt service available is $131,713.  Recommend Payment to outstanding debt principal of $131,713 with the remaining  funds.  CIP-Non-Debit Service or pay as you go projects    Police vehicles- - 3 Patrol Cars $119,500 Resurface walking at BMCP $58,000 Kate's Park Playground Equipment $53,674.  These three projects utilize the entire levy available for non-debt service or pay as  you go projects. $231,174.00 Discussion Followed:  Councilman Bob Davy made a motion to adjourn and it was seconded by  Councilwoman Sheila Franklin. Adjourned: 02:15 pm Approved: 6-19-18 Date  Mayor/Rod Whiteside    Town of Fletcher Agenda Review Meeting Minutes May 9, 2018 (Wednesday)  Call the meeting to order at: 06:00 pm Those who were in attendance are as follows:  Mayor Rod Whiteside Mayor Pro-Tem Eddie Henderson Councilman Hugh Clark Councilman Bob Davy Councilwoman Sheila Franklin Town Manager Mark Biberdorf Planning & Zoning Director Eric Rufa Police Chief Erik Summey  Invocation: Rev Joy Moss Skyland United Methodist Church  Pledge of Allegiance: ? ***Public Comment*** None at this time (4/9,4/16)  Approval of minutes, corrections, additions or deletions.  Mayor Rod' Whiteside asked council to review minutes and let any changes be  known next week. Council Updates  Councilwoman Sheila Franklin stated that she may have something next week on  the water and sewer advisory committee.  Consent Agenda electronic payments.  Approval of Resolution R-18-03 authorizing the Town of Fletcher to engage in  Councilman Hugh Clark asked for an explanation on this Resolution.    Town Manager Mark Biberdorf stated that there has been requirement for some time now but there has been nothing that has come out to give us some guidance with this. When you make electronic payments we are subject to the Local Budget Fiscal Control. Act. When we have hard contracts we. have to stamp it that this has been pre-audited per the fiscal control act and then Heather signs it as Finance Officer. The purpose oft that is to say yes this has been pre-audited and we have the When you are: moving electronic funds there was never really a process in place and the LGC said that you must have a written policy for electronic transactions as well. Our only instances for this would be town credit cards and our fleet fueling cards obligating money. As far as disbursing funds that would be for payroll and our loan  appropriated funds to cover that contract.  on the building. (Money going out not coming in)  Discussion Followed:  Public Hearing to consider rezoning # 2018-01, a request to rezone a portiono of 3086 Hendersonville Road from R-2 residential to C-1 Commercial-Eric Rufa,  Planning & Zoning Director.  Planning & Zoning Director Eric Rufa 3086 Hendersonville Road this was delayed last month and there is a chance that it be delayed again until next month. The reason for the delay is the actual owner of the property Mrs. Hollingsworth passed away during this process and her power of attorney Dan Fowler is set tol be  named the trustee of the property.  Discussion Followed:  Public Hearing to consider text amendments to the Land Development Code regarding short term rentals of residential dwellings-Eric Rufa, Planning & Planning & Zoning Director Eric Rufa stated as requested we are bringing forward the recommendations from Planning Board that the short term rental of an entire dwelling would be prohibited and that it be owner occupied or owner be on site. This is where a: room would be rented out in the dwelling or a secondary dwelling with no more than one bedroom for aj period of less than 30 days. They are also recommending eliminating the rooming/boarding rentals from the ordinance due to redundancies. Less than 30 days would be considered a short term: rental. Ifcouncil does not wish to adopt the recommendations, staff is requesting that council consider a minor amendment that would exempt short term rental as a lodging use which would clarify the town'si intent on the matter.  Zoning Director.    Discussion Followed:  Discussion on revisions to the aggressive dog provisions of the animal control ordinance-Mark Biberdorf, Town Manager and Erik Summey, Police Chief. Town Manager Mark Biberdorf this came about from our complaint in South Chase and our definition of aggressive dogs. After discussion the feedback was that you wanted a broader definition of aggressive dogs. That was something that is addressed in the revised version in your package. The other thing that this brought about was the need to have our own appellate board. Ifwe deem a dog aggressive or vicious and someone wants to appeal that they have a mechanism sO we. have some language in here for this. The board would be a 3 member panel consisting of two staff and the third being a member of the public. The board would only come together as needed. We also had some language hanges/amendments that affected the appellate board and clarified the chief instead of the shelter director since the county is still involved in this. All the revisions are. highlighted in yellow.  Discussion Followed:  Chief Summey answered questions that council had on this item.  Approval ofl Resolution # R-18-04 for lowest responsible bidder on Highway 25 Corridor Improvement project-Mark Biberdorf, Town Manager and Eric Rufa, Town Manager Mark Biberdorf stated that Scott Burwell from McGill & Associates is here to answer questions. We opened the bids on. April 19 andIemailed council the results and McGill did the certified bid tabulation and you have a copy of that in your packet. Included is the recommendation award letter, bid tabulation, documentation of DBE requirements and you also have a Resolution to authorize So now we are at the point of accepting the bid and the Resolution of course  Planning & Zoning Director.  approval of the low bid. authorizes the total amount. council had on this project. Discussion Followed  Scott Burwell of McGill &. Associates answered questions the town manager and  Comments from the Town Manager Mark Biberdorf.    The resurfacing projects have gone along very well. The park overlay on the crosswalk is the only thing left and the entrance is wider with a good job on the driveway. The street resurfacing in Windsor Forrest looks great as well. On the park they went over by about $30,000 will have to see if there is enough in the contingency to cover: it. They finished under on the resurfacing in Windsor Forrest. On Library road there was the French drain issue which is done and today they were paving. They had to close the library and Kate's park in order for the paving to be On the shred event went very well and we had a good turnout based on the quantity that was collected from the pill drop. We collected 41 pounds of medications or 30,750 pills versus last year where we collected 33.5 pounds or 25, 125 pills. At this On the follow-up from budget workshop retreat, staff is working on the questions on items that you had on surplus funding. Iam drafting the budget message and it will be available June 1 for public comment and review. The public hearing will be on June 11 at the regular meeting. The only changes Ican anticipate will be a change in There will be a family health and fitness day on June gth NC Parks & Recreation Association was encouraging this. This will be from 9:00 am to noon in Bill Moore Community Park. Park Ridge Hospital and Pardee Hospital are sponsoring this We are working on properties involved with town center to get a draft agreement together and setting up meetings next week with the property owners. Councilman Hugh Clark made a motion to adjourn and it was seconded by Mayor  completed.  time not sure about the paper collected for shredding.  values (increase) once Ig get those from Darlene Burgess.  event.  Pro-Tem Eddie Henderson. Adjourned: 07:01 pm Approved:  6-19-18 Date  MayorRod Whiteside    Town of Fletcher Council Meeting Minutes May 14, 2018  Call the meeting to order at: 07:00 pm Those who were in attendance are as follows: Mayor Rod Whiteside Mayor Pro-Tem Eddie Henderson Councilwoman Sheila Franklin Councilman Bob Davy Councilman Hugh Clark Town Manager Mark Biberdorf Assistant Town Manager Heather Taylor Planning & Zoning Director Eric Rufa Parks & Recreation Director Greg Walker Public Works Director Jabbo Presley Police Chief Erik Summey  Invocation: Mayor Pro-Tem Eddie Henderson  Pledge of Allegiance: AnnaGrace Perry Apple Valley Middle School  ***Public Comment***  Todd Stimson 30 Fawnhurst Lane Fletcher - stated that he just came back from Washington DC and has some information that he will give to council on medical Ron Shultz 10 Southchase Drive Fletcher- suggests putting a band shell in Bill  cannabis.  Moore Community Park.  Approval of minutes-corrections, additions or deletions  (4/9,4/16)  Mayor Pro-Tem Eddie Henderson made a motion to approve the minutes as  written and it was seconded by Councilman Hugh Clark.  Council Updates  Councilwoman Sheila Franklin - commented on the Water & Sewer Advisory Board that has developed a website where you can see a map of the whole area. She stated that she would like to share a link to their website that gives a lot of information on what the board is doing and when funding is available for projects.    She also said that there has been a lot of discussion in the last 2 months proceeding with charges. They had a budget study done that was presented to us earlier in that year and the discussion came again in April about system development charges. This would mean that the developers would have a buy in to the utility system and would have to pay an upcharge as opposed toj pay as you go that spreads out the cost and has like a rate differential. The majority of the people do not want to do the system development charges sO they will proceed with just trying to always keep  the cost low and spread the cost over aj period of time.  Consent Agenda electronic payments.  Approval of Resolution R-18-03 authorizing the Town of Fletcher to engage in  Councilman Hugh Clark made a motion to approve the consent agenda and it was  seconded by Mayor Pro-Tem Eddie Henderson.  Motion carries all in favor.  Public Hearing to consider rezoning # 2018-01, a request to rezone a portion of 3086 Hendersonville Road from R-2 residential to C-1 Commercial- Eric Rufa, Planning & Zoning Director Eric Rufa stated that this item is pertaining to a rezoning application that we received a few months back that has already been through planning board. Does council want to make a motion to go into public  Planning & Zoning Director.  hearing before I proceed with this?  Mayor Whiteside asked for a motion to go into public hearing and it was sO moved by Councilman Bob Davy and seconded by Mayor Pro-Tem Eddie Henderson. Planning & Zoning Director Eric Rufa stated that the property that is under consideration tonight is located at 3086 Hendersonville Road Parcel # 9653-63-7349. This property is now under the ownership of the estate of Mary Hollingsworth. As you know this was delayed because when the request was made through the Planning Board by her Power of Attorney (Mr. Dan Fowler) Ms. Hollingsworth passed away before this could be brought to council. Just todayIwas given al letter where he is now been designated trustee for the estate. Two thirds oft the parcel is currently zoned C-1 Commercial which fronts Hwy 25 corridor and there is a map in your packet material. The request before you is the rear 1/3 of the property that is  currently zoned R-2 which is Residential.    Discussion Followed:  Councilman Hugh Clark made ai motion to go out of public hearing and it was  seconded by Mayor Pro-Tem Eddie Henderson  Councilman Bob Davy made a: motion to approve rezoning request # 2018-01 as submitted and it was seconded by Councilman Hugh Clark and Mayor Pro-Tem  Eddie Henderson Motion carries all in favor.  Public Hearing to consider text amendments to the Land Development Code regarding short term rentals of residential dwellings-Eric Rufa, Planning &  Zoning Director.  Planning & Zoning Director Eric Rufa gave an overview of the recent recommendation made by planning board which is in your packet.  Discussion Followed:  Councilman Hugh Clark made a motion to go into public hearing and it was  seconded by Mayor Pro-Tem Eddie Henderson.  Mr. Ron Mashburn of 15 Norton Lane, Arden owner of WNC Realty & Rentals. He stated that he has invested in Fletcher and Henderson County for many years. He also spoke on vacation rentals being how he makes his living and people being able to exercise their freedom of property: rights. He stated that when the economy went bad back in 2005/2006 that the only way he was able to keep his properties was to turn them into vacation rentals. He stated that these properties are very well maintained. He stated that he currently does not own any properties in Fletcher. Mrs. Lorraine Newell of 38 Grove End Road Fletcher she stated that she has lived in St] John's Woods for 6 years and lives next to the only long term rental in the neighborhood. She said that the home is poorly maintained and looks shabby. She Ms. Stephanie Johnson Fletcher homeowner states that she has owned 2 short termrentals in Fletcher in the last 14 years. She spoke in favor of short term rentals he would hate to see this disappear. She also submitted al letter from Tom Baldwin  feels that short term rentals would be much better maintained.    of Baldwin Real Estate who is also in favor of short term rentals. (See "Exhibit. A"  attached) Discussion Followed:  Ms. Beverly of Asheville representing owner of vacation rental in Fletcher area. She stated that she has been in vacation rental business for years. (She stated that  the home is in Sequoyah Hills)  Mr.] JofCacanindin lives in Fletcher owns 2 short term rentals in Fletcher and has hosted several people from different countries in his rentals. He stated that he has good people use. his rentals and commented on the money that they spend in Nate Thompson lives in Mills River He states he manages Turnkey Vacation rentals. He said that he does not think that it is advisable that Fletcher restrict short term rentals. They bring money into Fletcher and it should be left up to the HOA as Mark Novelle 58 Regent Drive Fletcher, He stated that he has been a: resident of Fletcher for almost 9 years and sees no benefit to the residents of Fletcher. He Steve Schleifer lives in Fletcher He said that he has lived here in Fletcher for about 3% years and agrees with Mr. Novelle. He is very much opposed to this and ifit  Fletcher.  to if short term rentals should be allowed.  spoke out against short term rentals he is not in favor of this.  were to move forward then it needs to be better regulated.  Mayor Rod' Whiteside asked any questions or comments on this issue?  Councilwoman Sheila Franklin asked if she could as a question of the police chief. She asked the chief have there been any issues/calls with short term rentals that you Police Chief: Erik Summey stated that he was only aware of one recently where the renters before they left were walking around the outside of the house checking it with flashlights before they left. Someone in the neighborhood had seen them doing  are aware of.  this and called the police to report suspicious activity.  Discussion Followed:    Councilman Hugh Clark made a motion to come out of public hearing and it was Mayor Whiteside asked council what is their pleasure on this line item? Councilman Hugh Clark made a motion to approve the text amendments to the  seconded by Mayor Pro-Tem Eddie Henderson.  Land Development Code as written. There was no second motion dies.  Councilwoman Sheila Franklin stated that she would like to see what Planning &  Zoning Director Eric Rufa has as an alternate.  Planning & Zoning Director Eric Rufa handed out the alternate amendments/Suggestions to council. (See "Exhibit B" attached)  Discussion Followed:  Councilman Bob Davy motion to continue this Public Hearing until the June council  meeting and it was seconded by Councilwoman Sheila Franklin.  Motion carries all were in favor.  Discussion on revisions to the aggressive dog provisions ofthe animal control ordinance-Mark Biberdorf, Town Manager and Erik Summey, Police Chief. Town Manager Mark Biberdorf stated that council has ai revised version oft the ordinance that came about due to some discussion with an incident of a potentially aggressive dog. There is al revision to make the definition more specific as to what an aggressive dog is which also can be determined by our police department. The other thing was if someone wants to appeal this decision you have to have an Appellate Board. We were going to use the counties board but they did not want us to use theirs so we have to create our own. Our board will have 3 members that will be appointed by the chief with two staff and one: member of the public. Other things for clarifying is for when you submit an appeal it goes to the chief and if need be to the Appellate Board and not to the. Animal Services Director. There were also some clarifications on the general statue authority for the town to be able to do  these things. The former language said county.    Councilman Bob Davy made a motion to approve the revisions to the provisions on aggressive dogs in the Animal Control Ordinance and it was seconded by Mayor  Pro-Tem Eddie Henderson. Motion carries all in favor.  Approval ofl Resolution # R-18-04 for lowest responsible bidder on Hwy 25 Corridor Improvement project-Mark Biberdorf, Town Manager and Eric Rufa, Town Manager Mark Biberdorfwent over the items on the lowest bid from  Planning & Zoning Director.  Buchanan & Sons Inc. on this project.  Discussion Followed:  Mayor Rod Whiteside asked ift there was a motion to approve this project. Mayor Pro-Tem Eddie Henderson stated that he would make that motion. Mayor Rod Whiteside stated that there is a motion to approve the lowest bidder as  presented is there a second? Councilman Bob Davy Second. Motion carries all were in favor.  Comments from the Town Manager-Mark Biberdorf.  The Resurfacing projects are essentially done and some punch list items are still On the Shred event and pill drop event we had 41 pounds of medication turned in or 30,750 pills and this was a good jump from last year. We still have not received any On the Budget we are reconciling some things and working on feedback that was received from council. We will get at least one: more set of values from the county. I will be working on a Budget message this week and it will be available June 1Sf for public comment and review. We will have our public hearing at the regular Family Fun & Fitness day is in the park on June gth from 9 to noon. Pardee Hospital  being worked on at this time.  data back from how much paper was: received/shredded.  meeting on June 11, 2018.  and Park Ridge Hospital are sponsoring this.    The cove of Livingston Farms contacted DOT about a flasher being placed there because the line of sight is challenging. DOT has assessed it and recommends that the HOA trim back the foliage. /greenery in that area. It is not in the DOTright of Mayor Rod' Whiteside asked for a motion to adjourn and it was sO moved by Mayor Pro-Tem Eddie Henderson and seconded by Councilman Hugh Clark.  way and is on HOA property  Adjourned: 08:35 pm Approved: 6-18-18 Date  Mayor Rod Whiteside    Baldwin Real Estate Association Management &1 Reall Estatc Brokerage  EXHIBIT A"  Inc.  Wednesday, May 9, 2018 Attn: Town Ofl Fletcher Council Members 300 Old Cane Creek Rd. Fletcher, NC: 28732 United States  Attn: Town of] Fletcher Council Members  It has been brought to: my attention that an issue regarding short term rentals will be on the  14, 2018 May  agenda and I have been asked to comment on this issue.  My company manages a number of homeowner associations ini the area, some ofwhich have short term rentals that have operated for aj number of years. Others have restrictions ini the covenants that rentals for six months or one year periods. Therefore, it is my opinion that these communities should only toc decide on this issuei individually in each neighborhood. The City of Fletcher should not tell owners be left to do with their property. Ifthey choose to purchase in a community with restrictions, those restrictions what already limit the terms ofi rentals. In addition, ift the restrictions do allow short term rentals, then residents understand that as well. In general, owners who deal with short term rentals and long term rentals are considerate and maintain their properties very well. They are very responsive to any changes and/or improvements and they are some of the best maintained properties in Fletcher. The  allow  should not City  involved int telling them how long they can rent.  be  Istrongly urge you to leave this up to the individual and the community covenants in which they reside.  Best, Tom Baldwin  am-Bak President, Baldwin Real Estate Associations Managed in Fletcher Stafford Crossing Condominiums Stafford Hills Condominiums Wildwood Gardens HOA Covington Crossing Condominiums Covington Crossing Townhomes Covington Crossing Master Assoc. Hollabrook Farms POA  21121 Hendersonvilie Rde Arden, NC: 28704- (828)684-3400- E-mail adisbatsaNson a Fax (828) 684-3442    EXHIBIT B"  Alternative LDC Amendments  Re: Short Term Rentals  For Consideration at 5/14/2018 Public Hearing fRecommended Amendments are not approved    ARTICLE2:1 DISTRICT PROVISIONS  This Code establishes the following Districts for use as Zoning categories: A. R-1 Low Density Development: District (2 Units/Acre Residential) B. R-1ALow) Density Development District (21 Units/Acre Residential) C. R-21 Medium Density Development District (3 Units/Acre. Residential) D. R-3: Highl Density Development (41 units/Acre for Single Family Residential; 10  Units/Acre forl Multi-family Residential) E. NBD: Neighborhood Business District F. CBD Central Business District G. C-1 General Commercial District H. C-21 Interstate Commercial District M-11 Manufacturing District FH-O Flood Hazard Overlay. District HOF-O. Heart of] Fletcher Overlay District  I. J. K.  2.4 Use Categories and Tables of Permitted Uses  A. Use Categories  All uses permitted: in this Code have been divided into eight (8) general categories and ate  generally defined as follows:  Residential: Premises or dwelling units available for leng-term human habitation by means of ownership and maiyharsaighatwt 2. Lodging: Premises available for short-term human habitation, including daily and weekly rental. Short term rental ofas single family dwelling unit shall not 3. Office/Service: Premises available for the transaction of general business and thej provision of services, but excluding retail sales and manufacturing, except as a 4. Retail/Restaurants: Premises available for the commercial sale oft merchandise, prepared foods, and food and drink consumption, but excluding manufacturing. 5. Enterainment/Kecration Premises for the gathering of people for purposes Manulacturing/Wholesale/Storage: Premises available for the creation, assemblage, storage, and repair ofi items including theit wholesale or retail sale. 7. Civic/Institutional: Premises available for organizations dedicated to religion, education, government, social service, health care, and other similar functions. 8. Infrastructure: Uses and structures dedicated to transportation, communication,  mmetdtN.  constitute a "lodging" use under this code.  minority component.  such as arts and culture, amusement, and recreation.  information, and utilities.  B. Interpretation ofUse Matrices  2-2  FLETCHER, NCJ LAND: DEVELOPMENT CODE    ARTICLE2: DISTRICT PROVISIONS  C. BASE DISTRICT Residential Dwelling- Single Family (Not part of al PRD) Dwelling-I Duplex (Not part ofal PRD) Dwelling- Multifamily 41 units/bldg orl less (Notp part ofal PRD) Dwelling- Multifamily more than 4 units/bldg Dwelling- Sccondary Family Care Home (6 or fewer residents) Home Occupation Housing Service fort thel Elderly Live- Work Units Manufactured Housing, Individual Lots Manufactured) Housing, Parks Planned Residential Development (PRD) Lodging Bed and Breakfast Inns Horl/Moral/mm/Ker miurominstiaw Office/Service Animal Services ATM Banks, Credit Unions, Financial Services Business Support Services Child/Adult Day Care Home (6-15p persons) Community Service Organization Drive Thru Service Funerall Homes Group Care Facility (More than 61 residents) Government Services Medical Services Clinic, Urgent Care Center Medical Services Doctor office Outdoor Kennels Post Office Professional Services Studio- Art, dance, martial arts, music Vehicle Services- - Major Repair/Body Work Vehicle Services - Minor Maintenane/Repair Retai/Restaurants Auto Parts Sales Bar/Tavern/Night Club Drive- Thrul Retail/Restaurants Gas Station with Convenience Store General Retail - 10,000 sforl less General) Retail- 1 10,001 sf-5 50,000s sf General) Retail- - 50,001 -1 100,000sf Restaurant Shopping Center- - Neighborhood Center Shopping Center- - Community Center Vehicle/Heavy! Equipment Sales, Service, &I Rental  Use Matrices  R-1 R-1A R-2 R-3 NBD CBD C-1 C-2 M-1  P P P P P P  P P P  P P P P P P SUP SUP SUP SUP SUP  P P P  PS PS PS PS P P P P PS PS PS PS P P P P PS PS PS PS PS PS PS PS SUP SUP SUP SUP SUP SUP SUP SUP  P P P P PS PS PS PS  PS PS PS  SUP  PS PS PS PS PS  PS PS P P P P P P P P P P P P P P P PS P P P P P P P P P P P P P P P P PS PS P P P P P P P P P P P P PS PS PS PS PS P P P P P P PS P P P P P P P P P P P P P SUP SUP SUP SUP P P P P SUP PS PS PS CD CD CD CD  SUP PS PS  P P P P P P P P P P P P P P P P P SUP SUP SUP SUP SUP  P P  P P P  Child/Adult. Day Care Center (160 ori more persons) PS PS PS PS PS PS PS PS PS  PS P  P P  PS PS  P PS SUP CD  Permitted Permitted subject to Additional Standards in Chapter 3 Special Use Permit Required (Sec Chapter 3a and Chapter 15) Conditional District (See Chapter 15) Not Permitted  All proposed development projects within the Heart of Fletcher Overlay; excluding single family and duplex residential construction. as permitted, shall bes subject to additional development: standards as outlined in Section. 15.14: and in Appendix 2, but shall not be subject to Section 15.10. Projects reviewed: as a Conditional. District (CD) Application as outlined in Section  15.8, shall not be subject to provisions ofSection. 15.10.  2-4  FLETCHER, NCLAND DEVELOPMENT CODE    ARTICLE3: ADDITIONAL USE STANDARDS  bya conviction ofa a criminal offense, a material element of which occurred on the premises of the adult establishment (4) Admittance ofj patrons younger than 21 years ofage. (5) Excessive criminal activity on or near the premises. If the Town Council finds that the operation of the adult establishment is related to such criminal activity or attracts transients or other persons who have been involved O1 are likely to be involved in  such criminal activity.  B. Agricultural Products (R-1, R-2,R-3,C-1, C-2)  1. The area used for storage or keeping of materials shall have adequate means of ventilation and shall not create objectionable fumes, odor or dust to the  surrounding area.  C. Airport (M-1*) *Special Use  1. Hangers or open storage shall be screened with a' Type "C" Transition yard from 2. Lighting provided shall be per the specifications of Chapter 10.  all property lines.  3. No outdoor public address system shall be permitted which can be heard beyond  the boundaries of fhe property.  4. Hours of opération shall be from 7:00 a.m. to 9:00 p.m. D. Bed and Breakfast Inns (R-1, R-1A, R-2, R-3, NBD,C-1,C-2)  1. No such facility may be a detriment to the residential character of the 2. Such a facility shall not offer more than 12 guest rooms maximum. 3. Meals shall only be intended for guests of the facility, unless the property is zoned for restaurants" and the development: is reviewed for compliance as such 4. Such a facility shall be the primary residence of the owner of the business. 5. Such a facility will require a minimum one (1) acrel lot size. 6. A "type B" transition (buffer) yard shall be required along all side and rear 7. In addition to parking for the owner and staff, one additional parking space per 8. One wall sign is permitted and limited to four (4) square feet. One non- illuminated ground sign is permitted, limited to twelve (12) square feet and  surrounding area.  use.  property lines.  bedroom must bej provided.  designed in character with the building.  FLETCHER, NC LANDI DEVELOPMENT CODE  3-3    ARTICLE3: ADDITIONAL USE STANDARDS  2. No outdoor kennel shall be located within five hundred (500): feet and any Z. Planned Residential Development (R-1*, R-1A*, R-2*, R-3*, NBD*, CBD*,  adjacent residence. C-1*, C-2*) *Special Use 15.10 (B)  1. General requirements for special use permit approval are outlined in Section 2. No triplexes, quadriplexes or multifamily dwellings shall be permitted in the R-1,  R-1A and R-21 Districts.  AA. Public Safety Station (R-1*, R-1A*, R-2*, R-3*) * Special Use  1. General requirements for special use permit approval are outlined in Section  15.10(B)  BB. Recreational Facilities, Indoor (R-3*) *Special Use  1. Facilities shall not be located within two hundred fifty (250) feet of any school 2. The front façade shall not be blocked and permit a clear view into the facility. CC. Religious Institutions (R-1*, R-1A*, R-2*, R-3*, NBD*, CBD*, C-1*) & Special 1. General requirements for special use permit approval are outlined in Section  or church and shall not serve alcoholic beverages. Nos sounds shall be audible from outside the structure.  Use  15.10( (B)  DD. Koomingorboarding"HOYRSNBD-Speciaruse  . Apahaimgares-habexeeetiomereEeNeeorOf-aieview-froma abliestrectby*-ypetmitonynttbeesectons9 . Nod-halymphermweniaahameterafile erroendlimgarewand-haibedegnenedaconimgrinteRAnd3 3. Aguestrpom-musetEHEAPomNNeguestromaha  Distriets:  be-aecessibiewvithonthowtpasngthowghseeuredes: 4. Statfaupervisionisreyuirctobepronideatal-imes: 5. OnewallaigrirpermitmicPooart/gmre-ees  FLETCHER, NC LAND DEVELOPMENTCODE  3-11    ARTICLE 18: DEFINITIONS  directly by the Secretary of Interior in states without approved programs. Home Occupation: An occupation or profession conducted within a dwelling unit by a residing family member that isi incidental to the primary use oft the dwelling as a residence. Home Occupations are small and quiet non-retail businesses generally invisible from the frontage, seldom visited by clients, requiring little parking, little or no signage, and having only one or two employees and provide services such as professional services, musici instruction, and hair styling. Home Occupations include day care. homes where daytime care is provided tol less than 6p persons who are not thel legal wards or foster children of the attendant adult within an owner-occupied Hospital: AI health care facility thej purpose of which is toj provide for care, treatment, testing for physical, emotional, or mental injury, illness, or disability, and overnight boarding of patients, either on a for profit or not- for-profit basis; but noti including group homes. (LBCS F6530 and Hotels/Motels/Inms/ Resorts: Establishments providing lodging and short-term accommodations for travelers. They may offera a wide range of services including, overnight sleeping space, food services, convention hosting services, and/or laundry services. Entertainment and recreation activities may also be included. Extended-stay hotels are included in this category. (LBCSF F1300 Housing Services for thel Elderly: Establishments that offera wide range ofh housing services for those who cannot care for themselves, such as thee elderly such as retirement housing, congregate. living services, assisted living services, continuing care retirement centers, ands skilled nursing services. (LBCS F1200)  Hazardous Waste Management Facility: A building, structure or use of1 land devoted, or intended tol be devoted, primarily to changing by any method, technique or process, including incineration or neutralization, the physical, chemical, or biological character of anyl hazardous material regulated by the Federal: Resource Conservation and Recovery. Act of1976, as amended (421 U.S.C. Sec. 6901 et seq), and the "North Carolina Solid Waste Management Act", as amended (Article 13B. G.S. 130-166.16), so ast to neutralize such material orrender it nonhazatdous, safer for transport, amenable for recovery, amenable. for storage or reducedi in bulk. Sucha use may also contain temporary storage facilities normally associated with these operations and of sufficient size to conduct a commercially feasible operation. However, under no circumstancesi isa hazardous materials treatment facility tol be construed tol be any oft the following: 1. Af facility which manufactures hazardous materials from component: nonhazardous 2. A facility orl location for the long,term or perpetual storage of hazardous materials; or 3. A facility for the treatment ofl hazardous materials which is clearly subordinate, incidental and related to, the principal structure, building or use ofl land andi is located on thes same. lot as the principal structure, building or use. Highest. Adjacent Grade: Thel highest natural elevation of the ground surface, prior to construction, immediately next to the proposed walls of the structure. Historic Structure: Any structure thati is (a) listed individually in the National Register of] Historic Places (a) listing maintained by the US: Department of] Interior) or preliminarily determined by the Secretary of] Interior as meeting the requirements for individual listing on the National Register; (b) certified orj preliminarily determined by the Secretary of] Interior as contributing to the historical significance ofai registered] historic district or a district preliminarily determined byt the Secretary to qualify as a registered historic district; ()individually listed on a State inventory of historic places; (d)i individually! listed on al local inventory ofl historic places in communities with historic preservation programs that have been certified (1) by an approved state program as determined! by the Secretary of Interior, or (2)  residence.  materials;  S4110)  andl F1330)  IESNA: The Iluminating Engineering Society of North. America, a non-profit professional organization ofl lighting specialists that has established recommended design standards for various) lighting applications.  18-12  FLETCHER, NC LANDI DEVELOPMENTCODE    ARTICLE1 18: DEFINITIONS  Recreation, Active: Leisure- time activities, usually ofa formal nature and often performed with others, requiring equipment and taking place at prescribed places, sites, orf field. Recreation Facilities, Indoor: Uses or structures for active recreation including gymnasiums, natatoriums, athletic equipment, indoor running tracks, climbing facilities, court facilities and their customary accessory uses. This definition is inclusive ofl both non- profit and for-profit Recreation Facilities, Outdoor: Parks and other open space used for active or passive recreation such as ball fields, playgrounds, greenway trails, tennis courts, riding stables, campgrounds, and golf courses and their customary accessory uses including, but not limited to, maintenance sheds, clubhouses, pools, restrooms, and picnic shelters. This definition isi inclusive of both non-profit and Recreation, Passive:. Activities thati involve relatively inactive orl less energetic activities, such as walking, sitting, picnicking, card games, chess, checkers, and similar tableg games. Recreational Vehicle:. A vehicular-type portable structure which is: (a) built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projection; (c) designed tol be self-propelled or permanently towable bya a light duty truck; and, (d) primary! designed asa temporary living accommodation: for recreational, camping, travel and/or seasonal use andi including, buti not limited to, travel trailers, truck campers, camping trailers, and self-propelled motor homes. Redevelopment: 1) The demolition and reconstruction ofal building or a portion ofa 2) Any development on previously- developed land , other than a rebuilding activity that results in no net increase in built-upon area and provides equal or greater stormwater control than Religious Institution: Any facility such asa church, temple, monastery, synagogues, or mosque used for worship by a non-profit organization and their customary related uses for education (pre- schools, religious education, etc.), recreation (gymnasiums, activity rooms, ball fields, etc.), housing (rectory, parsonage, elderly or disabled housing, etc.) and accessory uses such as FLETCHER, NCI LANDI DEVELOPMENT CODE  cemeteries, mausoleums, soup kitchens, and bookstores. (LBCS F6600 ands S3500) Research and Development (R&D): A facility for scientific research, and the design, development, and testing of electrical, electronic, magnetic, optical and computer and telecommunications: components in advance of product manufacturing, and the assembly of related products from parts produced off-site, where the manufacturing activity is secondary to the research and development activities. Includes pharmaceutical, chemical, and biotechnology research and development. Reservation: The setting aside of parcels ofland fora specific purpose. Reservations of] land are encouraged for future development ofs streets, parks, and civic buildings. Restaurant: A retail business selling ready- to-eat food and/or beverages for on or off-premise consumption. Customers may be served from an ordering counter (.e. cafeteria or limited service restaurant); at their tables (full- service restaurant); and, at exclusively pedestrian-oriented. facilities that serve from a walk- up ordering counter (snack and/or nonalcoholic bars). (LBCS F2510, F2520, Retain: To capture and hold stormwater runoff following precipitation by means ofs surface depression allowing the water to infiltrate into the soil, thus reducing thel hydrologic and pollution Roof- Flat: Refers to the silhouette formed bya roof line or a particular roof system. This is separate from the roof] line which can be stepped or flati in appearance through architectural elements such as cornices, mansards, and parapets; or pitched as with residential homes. RoofI Line: Thel highest point ofa flat roof and mansard roofa and thel highest point ofaj pitched roof, excluding any cupolas, chimneys or other oomingoeloaimghoehovoribng mcCNrNEePeeEe memkempischaadomiopfaemiyen iyhoieyoihoraahomeorami toutistaccommedations,oraingerpom: Pyuermmherotn serviee-inchuding.butmotlimitede mcpEmalytaENS ##244SHH9,  operations.  for-profit operations.  andl F2530)  impacts downstream.  building  minor projections.  the previous development.  18-19