Beruflich Dokumente
Kultur Dokumente
December 6, 2010
The Garner Town Council will meet in regular session at 7:00 P.M. on
Monday, December 6, 2010 in the Town Council Meeting Room
Dinner will be served for Town Officials in the conference room at 6:15 pm
D ADOPTION OF AGENDA
E PRESENTATIONS
G CONSENT
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2. Adoption of Town of Garner Streetscape Master Plan
4. Permit New Year’s Eve Concert to Extend Past the 11:00 P.M.
Deadline
H. Public Hearings
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2. UDO Text Amendment UDO-10-04 Regarding Procedures for
Reasonable Accommodation
Presenter: Brad Bass, Planning Director
I OLD/NEW BUSINESS
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J COMMITTEE REPORTS
K MANAGER REPORTS
1. Star Tracker
2. Building Permit Activity
3. Personnel Report
4. Enforcement Report
5. Sign Enforcement Report
L ATTORNEY REPORTS
M COUNCIL REPORTS
O ADJOURNMENT
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PROCLAMATION
TOWN OF GARNER
WHEREAS, The United States was founded on the principle that
government must respect people's rights to speak freely, worship as they choose,
and pursue their dreams in liberty. As we remember the enduring importance of
our Constitution's Bill of Rights, our thoughts turn to those who have yet to
secure these precious liberties. During Human Rights Day, Bill of Rights Day, and
Human Rights Week, Americans celebrate the rights bestowed upon all by our
Creator and reaffirm our deep commitment to helping those whose desire for
liberty and justice is still dismissed and denied.
WHEREAS, In a free society, every person is treated with dignity and can
rise as high as their talents and hard work will take them. Freedom is the eternal
birthright of all humanity, and during Human Rights Day, Bill of Rights Day, and
Human Rights Week, we renew our commitment to lead the cause of human
rights and pray for the day when the light of liberty will shine on all of humanity.
December 10, 2010, as Human Rights Day; December 15, 2010, as Bill of
Rights Day; and the week beginning December 10, 2010, as Human Rights Week.
I call upon the people of Garner to mark these observances with appropriate
ceremonies and activities.
_______________________________________________
Ronnie S. Williams, Mayor
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MEMORANDUM
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2011 TOWN COUNCIL MEETING DATES 2 of 2
MONTH DATE DAY TYPE TIME
January 3 Monday Regular 7:00
18 Tuesday Regular 7:00
25 Tuesday Work Session 6:00
December 1, 2010
I had the opportunity to serve on the steering committee for this project along with
members of the GRA Board of Directors, members of our Beautification Committee,
Downtown property owners and merchants. The inclusive process through which this
plan was developed took into consideration the unique views of this diverse group and
created a plan that balances a respect for our heritage with amenities needed for an active
and prosperous Downtown district.
Many of the recommendations in the proposed Streetscape Master Plan are critical to the
success of our combined efforts to revitalize Downtown Garner. We encourage you to
adopt the Streetscape Master Plan and give sincere consideration to prioritizing the Fast
Track Projects identified therein. We look forward assisting the Town of Garner in the
implementation of this plan.
Sincerely,
John Hodges
John Hodges
Executive Director
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Garner Streetscape Plan Summary
The Garner Streetscape Master Plan was authorized by the Town Council in October 2008. The
Council appointed a Steering Committee (separate from the Transportation Plan Committee) to
assist with the development of this plan. One of the recommendations from the North Garner
Plan was to design and implement streetscape improvements along Main Street. The proposed
Streetscape Plan implements the design portion of this recommendation. The Steering
Committee held a series of meetings in 2009 with Staff and the Consultant to work through
the development of the Plan. An informal Open House meeting was held in April 2009 to
gain public input on the preliminary design concepts. Staff and the Consultant continued
to evaluate the preliminary document while waiting for the Historic Downtown Garner Plan
to evolve in order to ensure the two planning efforts were properly coordinated. An Open
House meeting was held in March 2010 for the public to view both the Streetscape Plan and
the 2010 Garner Transportation Plan. Council reviewed the draft Streetscape Master Plan at
its July 2010 work session requested staff and the consultant to make several revisions to the
draft.
The revisions have been made and we are now presenting the revised Streetscape Master Plan
to the Town Council for adoption consideration. A copy of the Plan is enclosed for the
Council’s review.
Summary
Design Process
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Garner Streetscape Plan Summary
Project Vision
Project Vision: Uplifting, Restoring, and Evolving Downtown
A key component of the planning process was the Visioning Workshop. A problem statement was
presented during the workshop as follows: What design considerations should be part of Garner’s
Downtown Streetscape Plan. These ideas were then categorized and prioritized as follows:
Connectivity
Being ‘Green’
Utilities
The Visual Message
Financing
Revitalization
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Garner Streetscape Plan Summary
Design Recommendations
1. Downtown Core:
The design proposed along Main Street transforms the existing streetscape into a visual spine between
New Rand and Benson Road. This visual spine is a town scaled boulevard with a community gathering
place in its center. The new town square is an important community space that provides the Town of
Garner a location for special events, Informational, Directional, and Cultural Signage. In addition this
space acts as a speed table providing traffic calming measures as well as increasing automobile and foot
traffic for local business along Main Street.
Site Program
Delineate sidewalk into nine foot clear zone and five foot furnishing zone
Brush sweep and score concrete clear zone and brick furnishing zone
Add one foot concrete base for lamp post
Relocate existing lamp post adding lighted bollards, benches, trash receptacles, bike rack, and post box
Add street trees and metal tree grates
Create brick welcoming platform/ speed table with lighted bollards, lamp post, and informational,
directional, and cultural signage
Add crosswalks and handicap parking adjacent to welcoming platform
Restripe existing parking from angular to perpendicular
Plant wild flowers with 70% yellow mix between railroad and Main Street
Landscape groupings along Garner Road Corridor
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Garner Streetscape Plan Summary
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Garner Streetscape Plan Summary
Add streetscape planting beginning north of turn lane along New Rand Road and ending at the
intersection of Main Street
Add crosswalks with pedestrian activated signals across Garner Road
Recommendation
The Planning Commission reviewed the Streetscape Master Plan at its July 12, 2010 meeting
and recommended approval of the Plan. Therefore, staff recommends the Town Council to
formally adopt Streetscape Master Plan.
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TOWN OF GARNER
MEMORANDUM
To: Hardin Watkins
Town Manager
REVENUES
EXPENDITURES
104110-
104120 Legislative $1,023,524 1,033,062 +9,538
104610-
104630 Planning 632,344 640,844 +8,500
Legislative
10411000-525800 Contingency +9,538
Planning
10461000-521000 Professional Services +8,500
Debt Service
10580000-526110 Principal - Leases +315,621
10580000-526210 Interest - Leases +1,341
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REVENUES
EXPENDITURES
104110-
104120 Legislative $1,023,524 1,033,062 +9,538
104610-
104630 Planning 632,344 640,844 +8,500
_______________________________
Mayor Ronnie S. Williams
ATTEST: _______________________
Town Clerk
Legislative
10411000-525800 Contingency +9,538
Planning
10461000-521000 Professional Services +8,500
Debt Service
10580000-526110 Principal - Leases +315,621
10580000-526210 Interest - Leases +1,341
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TOWN OF GARNER
STAFF REZONING REPORT
Town Council
December 6, 2010
APPLICATIONS: Z 10-01
APPLICANT: GFR Properties, LLC
OWNER: GFR Properties, LLC
N/A
OVERLAY:
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REZONING REPORT
GENERAL DESCRIPTION:
The existing zoning district for the1.67-acre site is Office and Institutional. The O&I
district has been established to accommodate more intense professional and service
occupations than permitted in the Neighborhood Office (NO) district. This district is also
intended to serve as a transition between residential districts and more intense districts,
including commercial districts.
The following is a list of permitted uses under this O&I district.
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The proposed zoning district is Multi Family 2 (MF-2). The MF-2 district is a high
density multi-family residential district that allows apartments, condos, townhomes,
duplexes, and triplexes. The MF-2 district allows a gross density of approximately 13.85
dwelling units per acre. The 1.67-acre site could theoretically accommodate 23 units,
but with development requirements such as building setbacks, parking, and perimeter
buffers a maximum of 15 to 20 units could be expected.
1. Residential cluster
2. Duplexes
3. Townhome
4. Condominium
5. Triplexes & apartments
6. Family Care Home
7. Group Care Home
8. Intermediate Care Home
9. Community Center
10. In-home Child Day care (up to 3 children)
11. Schools public or private
12. Public safety: fire, police, rescue squad, ambulance
13. Continuing care retirement facility
14. Cemetery
15. Public Parks, swimming pool, tennis courts, golf course
16. Churches, religious institutions
17. Minor utility, elevated water storage tank
18. Private parks, country clubs, golf courses
19. Bed and Breakfast
North- Neighborhood Commercial (NC); Webb’s Mini Mart & Gas Station
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The rezoning site is approximately 1.67 acres in size. The property is vacant,
undeveloped, and is located on Poole Drive. The tract is considered an infill site
because development has already occurred around it in the 1970s and 1980s. There is
another vacant infill site on the corner of Poole Drive and Aversboro Road.
The property is zoned O&I. The property owner is requesting a rezoning to MF-2, with
plans to develop the site at a future date into multi-family dwelling units. No site
development plan has been submitted at this time.
Neighborhood Character
This area along and near the intersection of Poole Drive and Aversboro Road operates
as a neighborhood activity center. There is a mix of residential housing densities
including Heather Hills (Single-family), George Towne Manor (Townhomes), Kirkwall
Villas (Townhomes), and Riverbirch (Townhomes). There is also a mix of office and
retail uses as well.
Zoning History
The Planning Department’s rezoning database contains the following rezoning cases in
this area. Most of these cases are over 20 years old.
INFRASTRUCTURE
The property is located in the town limits and has access to public water and sewer.
There is an 8” sewer line that runs through the rear of the property. A 4” water line is
located on the east property line and an 8” water line on Poole Drive. Development of
the site will be subject to the Town’s Utility Sewer Allocation Policy.
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TRANSPORTATION
The rezoning site has approximately 218 feet of frontage on Poole Drive. Poole Drive is
a 2-lane collector street with a 60-foot right of way. It is maintained by the Town of
Garner. Traffic counts are not available.
The site is within 300 feet of Aversboro Road (SR 2710). This is a 4-lane facility with an
80-foot right of way. It is maintained by NCDOT. This road is classified as a Major
Thoroughfare on the 2010 Garner Transportation Plan. According to 2009 NCDOT
traffic counts, Aversboro Road in this area has 8,800 trips per day.
Due to the small size of the property (1.67 acres), the traffic impacts should be minimal.
Developing the site into 20 dwelling units would generate approximately 130 trips.
Traffic will be further evaluated when a specific site development is submitted, but
significant traffic impacts are not anticipated.
ENVIRONMENT
The property is not located within a flood plain. There is a “blue line” that runs along the
western property line. Our records show this to be a Reedy Creek Tributary. There is
likely a 50-foot state riparian buffer that will apply to this stream feature. If this is a
designated buffer area development cannot encroach into it. This issue will be
addressed in more detail during development plan review.
STAFF COMMENTARY
According to the Town of Garner Comprehensive Growth Plan, the rezoning site is
located within the boundary of a Neighborhood Center (N15). The Neighborhood
Center is designed to serve the daily needs of the surrounding residential population.
These centers are pedestrian scaled with a limited mixed use area at the center. At the
core, generally located at the intersection of minor arterials, is an area of mixed-use
development with neighborhood scaled convenience retail/service, schools,
professional offices, churches, civic functions, formal open spaces and higher density
residential.
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The requested zoning change from O&I to MF-2 is consistent with the
recommendations of the Comprehensive Growth Plan for this area of the community.
While there are no immediate plans to develop the site, the property owner wishes to
move forward with the rezoning to change the allowable uses to include multi-family.
STAFF RECOMMENDATION
Staff finds that Rezoning Application Z-10-01 is consistent with the recommendations of
the Comprehensive Growth Plan for this area of the community. After conducting the
public hearing the Town Council will need to prefer this matter to the Planning
Commission for its review and recommendation. Staff will provide a recommendation
to the Planning Commission which meets at 7 p.m. on December 13, 2010.
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MEMORANDUM
Background
Recently there has been discussion with the Town Council regarding the need for the
Town of Garner to amend the Unified Development Ordinance (UDO) to establish
procedures for individuals seeking a reasonable accommodation from the Town that is
consistent with Federal Fair Housing Act. The Federal Fair Housing Act makes it
unlawful for anyone “... to discriminate against any person in the terms, conditions or
privileges of sale or rental of a dwelling, or in the provision of services or facilities in
connection with such dwelling, because of a handicap...” and defines discrimination
as including “...a refusal to make reasonable accommodations in rules, policies,
practices or services, when such accommodations may be necessary to afford such
person equal opportunities to use and enjoy a dwelling.” The scope of the law
extends to landlords, rental agents brokers and local governments.
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4. Establishes the following approval criteria that Board of Adjustment must use
in order to grant a special exception:
Action
A copy of the draft amendment to the UDO on this matter is enclosed for Council’s
review. After conducting the public hearing and receiving comments, Council will
need to close the hearing and refer the matter to the Planning Commission which
will meet at 7 p.m. on December 13, 2010.
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Draft
ORDINANCE NO.
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Draft
Section Two. All ordinances or portions thereof in
conflict with this ordinance are hereby repealed.
____________________________
Ronnie S. Williams, Mayor
ATTEST:__________________________
Judy Bass, Town Clerk
APPROVED AS TO FORM:_________________________
William E. Anderson
Town Attorney
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Town of Garner
Annexation Staff Report
Garner Town Council Public Hearing
December 6, 2010
Rachel Blalock
OWNER:
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WHEREAS, the Town Council finds that the area described therein
meets the standards of G.S. 160A-58.l(b), to wit:
WHEREAS, the Town Council further finds that the petition has
been signed by all the owners of real property in the area who are
required by law to sign; and
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Satellite Annexation
(ANX 10-08) Rachel Blalock
5001 Old Stage Road
BEGINNING at an iron stake near the intersection of Stage Road and U. S. 401,, which stake is
20.5 feet from the center line of Stage Road, and is located at the northwest corner of property of
Howard Collins, thence from said point- of Beginning North 5°36’ West 116.4 feet to an iron
stake; then North 24°32’ East 41.1 feet to an iron stake; thence South 85°12’ East 201.9 feet to
an iron stake; thence South 5°36’ East 114.5 to an iron stake; thence along Howard Collins line
South 84°24’ West 225.0 feet to the point and place of beginning, 0.57 acres total, according to
map entitled “Property Survey, Bill Blalock, Old Stage Road, St. Mary’s Township, Wake
County, N.C.” dated January 13, 1959, prepared by Robert D. Murphy & Associates, Engineer,
Raleigh, N.C.
Section 2. Upon and after December 31, 2010, the above described
territory and its citizens and property shall be subject to all debts,
laws, ordinances and regulations in force in the Town of Garner and
shall be entitled to the same privileges and benefits as other parts
of the Town of Garner said territory shall be subject to municipal
taxes according to G.S. 160A-58.10.
_________________________________
Mayor
ATTEST:
________________________________
Town Clerk
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MEMORANDUM
Background
Staff briefed the Town Council at its August 2, 2010 meeting that CAMPO had notified
member jurisdictions in June about the Non-Competitive STP-DA funds that individual
communities had been “banking” over the last several years needed to be obligated
this year or be lost. Garner has accumulated $78,000 that can be used for a bicycle,
pedestrian or transit project. The Council authorized staff to submit a request to
CAMPO for funding of the Don Miller Drive Sidewalk Project. Staff was recently
notified that this project is eligible for STP-DA funding. These types of projects
must be managed by the local jurisdiction and be funded upfront locally with
periodic reimbursements from NCDOT. A 20% local match is required ($19,500).
A Municipal Agreement with NCDOT is required and must be in place by December
31, 2010. Funding for the project has not been appropriated therefore a separate
budget amendment will be required if Council authorizes the execution of the
agreement.
Proposed Project
The sidewalk project is located on the east side of Don Miller Drive. It will connect
sidewalks at Aversboro Elementary School to existing sidewalks along Timber Drive
(see attached map). The new 2010 Garner Transportation Plan identifies this as a
high priority sidewalk. Estimated costs for the project closely align with available
funding from CAMPO. The Engineering Department advises it has received requests for
this sidewalk in the past from the principal of the elementary school. The sidewalk
will complete a connection for pedestrians (mostly school age kids) from several
neighborhoods to the elementary school.
The project consists of approximately 505 feet of new sidewalk along the east side of
Don Miller Drive. Proposed improvements also include curb and gutter construction
and installation of a 15 inch drainage pipe and some minor road widening on the east
side of the road. The Engineering Department estimates the total cost for the project
to be approximately $97,500 (STP-DA funding $78,000). The Town Engineering
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Department will manage the project. They anticipate the project design could start
in early spring of 2011 with construction starting in the summer of 2011 and
completion projected for the fall of 2011.
Action
Staff requests Council to authorize the execution of the NCDOT Municipal Agreement
regarding the Don Miller Drive Sidewalk Project. Approval of a separate budget
amendment will be required in order to provide funding for the project.
h:\pla-02\myfiles\donmiller_sidewalk_11-29-2010.doc
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Executive Summary
The Executive Summary is a summation of this agreement and is not intended to be used
as the agreement between the Department (North Carolina Department of Transportation)
and the Party (Entity).
TIP: EL-5100 MA
Scope: Constructing approximately 500 linear feet of sidewalk along the east side of Don Miller
Drive from existing sidewalk on Claymore Drive at the elementary school to existing sidewalk on
Timber Drive.
Eligible Activities:
Design
PE 41821.1.27
Environmental
ROW Acquisition
ROW ____________
Utility Relocation
OTHER
FEDERAL-AID STPDA-0508(4)
Responsibility: The Town of Garner shall be responsible for all aspects of the project.
Agreement ID # 1917
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THIS AGREEMENT is made and entered into on the last date executed below, by and between the
North Carolina Department of Transportation, an agency of the State of North Carolina, hereinafter
referred to as the “Department” and the Town of Garner, hereinafter referred to as the “Municipality”.
W I T N E S S E T H:
WHEREAS, Title 23, Sections 133(d)(3) and 133(f) of the US Code require suballocation of Surface
Transportation Program Funds to urbanized areas; and,
WHEREAS, the Town of Garner has requested federal funding for Don Miller Drive Sidewalk,
hereinafter referred to as the Project, in Wake County, North Carolina; and,
WHEREAS, subject to the availability of federal funds, the Municipality has been designated as a
recipient to receive funds allocated to the Department by the Federal Highway Administration (FHWA)
up to and not to exceed the maximum award amount of $78,000 for the Project; and,
WHEREAS, the Department has agreed to administer the disbursement of said funds on behalf of
FHWA to the Municipality for the Project in accordance with the Project scope of work and in
accordance with the provisions set out in this Agreement; and,
WHEREAS, the Department has programmed funding in the approved Transportation Improvement
Program for the Project; and,
WHEREAS, the governing board of the Municipality has agreed to participate in certain costs and to
assume certain responsibilities in the manner and to the extent as hereinafter set out; and,
Agreement ID # 1917 1
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WHEREAS, this Agreement is made under the authority granted to the Department by the North
Carolina General Assembly including, but not limited to, the following applicable legislation: General
Statutes of North Carolina (NCGS) Section 136-66.1, Section 136-71.6, Section 160A-296 and 297,
Section 136-18, Section 136-41.3 and Section 20-169, to participate in the planning, construction
and/or implementation of the Project approved by the Board of Transportation.
NOW, THEREFORE, this Agreement states the promises and undertakings of each party as herein
provided, and the parties do hereby covenant and agree, each with the other, as follows:
1. GENERAL PROVISIONS
AGREEMENT MODIFICATIONS
Any modification to this Agreement will be agreed upon in writing by all parties prior to being
implemented.
Any increases to the funding amount will be agreed upon by all parties by means of a
Supplemental Agreement.
The Municipality shall be responsible for administering all work performed and for certifying to the
Department that all terms set forth in this Agreement are met and adhered to by the Municipality
and/or its contractors and agents. The Department will provide technical oversight to guide the
Municipality. The Department must approve any assignment or transfer of the responsibilities of
the Municipality set forth in this Agreement to other parties or entities.
The Municipality, and/or its agent, including all contractors, subcontractors, or sub-recipients shall
comply with all applicable Federal and State policies and procedures, stated both in this
Agreement and in the Department’s guidelines and procedures, including the Local Programs
Management Handbook.
Failure on the part of the Municipality to comply with any of the provisions of this Agreement will
be grounds for the Department to terminate participation in the costs of the Project and, if
applicable, seek repayment of any reimbursed funds.
Agreement ID # 1917 2
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2. SCOPE OF PROJECT
The Project consists of constructing approximately 500 linear feet of sidewalk along the east side
of Don Miller Drive from existing sidewalk on Claymore Drive at the elementary school to existing
sidewalk on Timber Drive.
The Department’s funding participation in the Project shall be restricted to the following eligible
items:
Design
Environmental Documentation
Construction
3. FUNDING
Subject to compliance by the Municipality with the provisions set forth in this Agreement and the
availability of federal funds, the Department shall participate up to a maximum amount of Seventy
Eight Thousand Dollars ($78,000), as detailed below. The Municipality shall provide a local
match, as detailed in the FUNDING TABLE below, and all costs that exceed the total estimated
cost.
FUNDING TABLE
4. TIME FRAME
The Municipality, and/or its agent, shall complete pre-construction activities, to include
Environmental Document, Right of Way Certification and final PS&E package, by May 31, 2011.
The Municipality shall complete the Project by December 31, 2011.
The Municipality shall meet milestone dates as stated herein or the Department reserves the right
to revoke the funds awarded if the Municipality is unable to meet milestone dates. The
Agreement ID # 1917 3
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Department may extend the deadline for milestone activities if, in the opinion of the Department,
circumstances warrant. Extensions of time granted will be documented in writing.
The Project must progress according to the milestone dates or the Department and/or FHWA
reserves the right to de-obligate said funding.
The Municipality shall comply with the policies and procedures of this provision if Preliminary
Engineering and/or Construction Contract Administration is an eligible expense.
PROCUREMENT POLICY
When procuring professional services, the Municipality must adhere to Title 49 Code of Federal
Regulations Part 18.36; Title 23 of the Code of Federal Regulations, Part 172; Title 40 United
States Code, Chapter 11, Section 1101-1104; NCGS 143-64, Parts 31 and 32; and the
Department’s Policies and Procedures for Major Professional or Specialized Services Contracts.
Said policies and standards are incorporated in this Agreement by reference at
www.fhwa.dot.gov/legsregs/legislat.html and www.ncleg.net/gascripts/Statutes/Statutes.asp.
The Municipality shall ensure that a qualified firm is obtained through an equitable
selection process, and that prescribed work is properly accomplished in a timely manner
and at a just and reasonable cost.
Agreement ID # 1917 4
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Any contract entered into with another party to perform work associated with the requirements of
this Agreement shall contain appropriate provisions regarding the utilization of Small Professional
Services Firms (SPSF). This policy conforms with the SPSF Guidelines as approved by the
North Carolina Board of Transportation. These provisions are incorporated into this Agreement by
reference www.ncdot.org/doh/preconstruct/ps/contracts/sp/2006sp/municipal.html
The Municipality shall not advertise nor enter into a contract for services performed as
part of this Agreement, unless the Department provides written approval of the
advertisement or the contents of the contract.
If the Municipality fails to comply with these requirements, the Department will withhold
funding until these requirements are met.
WORK BY ENTITY
If the Professional and Engineering Services required for this project will be undertaken by the
Municipality, and the Municipality requests reimbursement, then the Municipality must submit a
request and supporting documentation to the Department for review and approval, prior to any
work being initiated by the Municipality.
The Municipality shall prepare the environmental and/or planning document, including any
environmental permits, needed to construct the Project, in accordance with the National
Environmental Policy Act (NEPA) and all other appropriate environmental laws and regulations.
All work shall be performed in accordance with Departmental procedures and guidelines. Said
documentation shall be submitted to the Department for review and approval.
The Municipality shall be responsible for preparing and filing with all proper agencies the
appropriate planning documents, including notices and applications required to apply for
those permits necessary for the construction of the desired improvements. Copies of
approved permits should be forwarded to the Department.
The Municipality shall advertise and conduct any required public hearings.
If any permit issued requires that action be taken to mitigate impacts associated with the
improvements, the Municipality shall design and implement a mitigation plan. The
Department will determine if any mitigation costs are eligible for reimbursement. The
Agreement ID # 1917 5
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Municipality shall bear all costs associated with penalties for violations and claims due to
delays.
The Municipality shall be responsible for designing an erosion control plan if required by
the North Carolina Sedimentation Pollution Control Act of 1973, NCGS 113A, Article 4,
incorporated in this Agreement by reference at
www.ncleg.net/gascripts/Statues/Statutes.asp and obtaining those permits required
thereby in order to construct the Project. During the construction of the improvements,
the Municipality, and its contractors and agents, shall be solely responsible for
compliance with the provisions of said Act and the plan adopted in compliance therewith.
8. DESIGN
The Municipality, and/or its agent, shall prepare the Project’s plans, specifications, and a
professional estimate of costs (PS&E package), in accordance with the Department’s guidelines
and procedures, and applicable Federal and State standards. All work shall be submitted to the
Department for review and approval. The plans shall be completed to show the design, site
plans, landscaping, drainage, easements, and utility conflicts.
If the costs of right of way acquisition or utility relocation are an eligible expense, the Municipality
shall submit a letter of request to the Department to authorize and set up right of way and/or utility
funding. The acquisition for right of way, construction easements, and/or utility relocation may be
undertaken only after the Municipality receives written authorization from the Department to
proceed.
The Municipality, at no liability whatsoever to the Department, shall be responsible for providing
and/or acquiring any required ROW and/or easements for the Project.
Agreement ID # 1917 6
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ROW GUIDANCE
The Municipality shall accomplish all ROW activities, including acquisition and relocation, in
accordance with the following: Title 23 of the Code of Federal Regulations, Part 710, Subpart B
and Title 49 of the Code of Federal Regulations, Part 24, [Uniform Act] incorporated by reference
at www.fhwa.dot.gov/legsregs/directives/fapgtoc.htm; NCGS, Chapter 133, Article 2, Sections
133-5 through 133-18, Relocation Assistance, incorporated by reference at
www.ncleg.net/gascripts/Statutes/Statutes.asp; and the North Carolina Department of
Transportation Right of Way Manual.
APPRAISAL
If the costs of ROW acquisition are an eligible expense, the Municipality shall submit the
appraisal to the Department’s Right of Way Branch for review and approval in accordance with
Departmental policies and procedures.
The Municipality shall remove and dispose of all obstructions and encroachments of any kind or
character (including hazardous and contaminated materials) from said ROW, with the exception
that the Municipality shall secure an encroachment agreement for any utilities (which shall remain
or are) to be installed within the ROW. The Municipality shall indemnify and save harmless the
Department, Federal Highway Administration, and the State of North Carolina, from any and all
damages and claims for damages that might arise on account of said right of way acquisition,
drainage, and construction easements for the construction of said Project. The Municipality shall
be solely responsible for any damages caused by the existence of said material now and at any
time in the future and will save the Department harmless from any legal actions arising as a result
of this contaminated and/or hazardous material and shall provide the Department with
documentation proving the proper disposal of said material.
RELOCATION ASSISTANCE
The Municipality shall provide relocation assistance services and payments for families,
businesses, and non-profit organizations being displaced by the Project in full accordance with
the Federal relocation requirements of Title 49 Code of Federal Regulations, Part 24 [Uniform
Act], as amended. Relocation assistance services and payments may be accomplished by
contract with any other municipal corporation, or State or Federal agency, rendering such
services upon approval by the Department and Federal Highway Administration.
Agreement ID # 1917 7
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11. UTILITIES
The Municipality, and/or its agent, at no liability to the Department, shall relocate, adjust, relay,
change or repair all utilities in conflict with the Project, regardless of ownership. All utility work
shall be performed in a manner satisfactory to and in conformance with State and Federal rules
and regulations, prior to Municipality beginning construction of the project. This Agreement does
not modify or supersede any existing Utility Encroachment Agreements that may be in place.
The Municipality, upon acquisition of all right of way/property necessary for the Project, shall
provide the Right of Way Agent, located at the Department’s Local Right of Way Office, all
required documentation (deeds/leases/easement/plans) to secure right of way certification from
that office. Certification is only issued after all ROW is in public ownership or property is publicly
accessible by a legal document and utilities in conflict with the project are relocated.
The Municipality shall submit the required environmental and/or planning document, ROW
certification, final construction plans, total contract proposal, and an estimate of Project costs
(final PS&E package) to the Department for review and approval.
The Municipality shall not advertise for bids prior to receiving written construction
authorization from the Department.
Upon receipt of written construction authorization from the Department, the Municipality may
advertise the Project. The Municipality shall follow applicable Federal and/or State procedures
pertaining to the advertisement of the Project, bid opening, and award of the contract, according
to Title 49 of the Code of Federal Regulations, Part 18.36 and Title 23 of the Code of Federal
Regulations, Part 633 and Part 635, incorporated by reference at
Agreement ID # 1917 8
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All Contractors submitting bids on the project shall be pre-qualified by the Department. All
proposed subcontractors must be pre-qualified before construction work begins. Any
subcontractors who are proposed to meet the Disadvantaged Business Enterprise goal must be
certified by the Department.
Any contract entered into with another party to perform work associated with the requirements of
this Agreement shall contain appropriate provisions regarding the utilization of Disadvantaged
Business Enterprises (DBEs), or as required and defined in Title 49 of the Code of Federal
Regulations, Part 26 and the North Carolina Administrative Code. These provisions are
incorporated into this Agreement by reference
www.ncdot.org/doh/preconstruct/ps/contracts/sp/2006sp/municipal.html.
The Municipality shall not advertise nor enter into a contract for services performed as
part of this Agreement, unless the Department provides written approval of the
advertisement or the contents of the contract.
If the Municipality fails to comply with these requirements, the Department will withhold
funding until these requirements are met.
AWARDING CONTRACT
After the advertisement of the Project for construction bids, the Municipality shall request
concurrence from the Department to award the construction contract by submitting a letter along
with tabulated bids received depicting Disadvantaged Business Enterprises (DBE) goals, and a
resolution recommending award of the Project to the lowest responsible, responsive bidder. The
Department will review the submitted information and provide written approval to the Municipality
prior to the contract being awarded by the Municipality.
DELAY IN PROCUREMENT
In the event the Project has not been let to contract within six (6) months after receiving
construction authorization from the Department, the Municipality shall be responsible for
Agreement ID # 1917 9
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documenting to the Department justification for project delay and that the Project remains in
compliance with the terms of this Agreement, the approved plans and specifications, and current
codes.
FORCE ACCOUNT
Force account work is only allowed when there is a finding of cost effectiveness for the work to be
performed by some method other than a contract awarded by a competitive bidding process, or
there is an emergency. Written approval from the Department is required prior to the use of force
account by the Municipality. Federal Highway Administration regulations governing Force
Account are contained in Title 23 Code of Federal Regulations, Part 635.201, Subpart B; said
policy being incorporated in this Agreement by reference
www.fhwa.dot.gov/legsregs/directives/cfr23toc.htm. North Carolina General Statutes governing
the use of Force Account, Chapter 143, Article 8 (Public Contracts) can be found at
www.ncleg.net/gascripts/Statutes/Statutes.asp.
15. CONSTRUCTION
The Municipality, and/or its agents shall construct the Project in accordance with the plans and
specifications of the Project as filed with, and approved by, the Department. During the
construction of the Project, the procedures set out below shall be followed:
The Municipality shall comply with the NCDOT Construction Manual as referenced at
http://www.ncdot.org/doh/operations/dp%5Fchief%5Feng/constructionunit/formsmanuals/construc
tion/, which outlines the procedures for records and reports that must be adhered to in order to
obtain uniformity of contract administration and documentation. This includes, but is not limited
to, inspection reports, material test reports, materials certification, documentation of quantities,
project diaries, and pay records. The Municipality, and/or its agent, shall perform the construction
engineering, sampling and testing required during construction of the Project, in accordance with
Departmental procedures, including the Department’s Guide for Process Control and Acceptance
Sampling and Testing. The Municipality shall document that said compliance was accomplished
in accordance with State and Federal procedures, guidelines, standards and specifications.
Agreement ID # 1917 10
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SIGNAGE
The Municipality shall provide and maintain adequate signage and other warning devices for the
protection of the public in accordance with the approved traffic control plans for the Project and
the current edition of the Manual on Uniform Traffic Control Devices (MUTCD) for Streets and
Highways, or any subsequent revision of the same, published by the Federal Highway
Administration and effective at the time of award of the contract.
SITE LAYOUT
The Municipality shall be responsible for ensuring that all site layout, construction work, and
Project documentation are in compliance with applicable city, state and federal permits,
guidelines, and regulations, including American Association of State Highway and Transportation
Officials (AASHTO) guidelines and Americans with Disabilities Act (ADA) Standards for
Accessible Design (www.usdoj.gov/crt/ada/stdspdf.htm).
RIGHT TO INSPECT
The Department and representatives of the Federal Highway Administration shall have the right
to inspect, sample or test, and approve or reject, any portion of the work being performed by the
Municipality or the Municipality’s contractor to ensure compliance with the provisions of this
Agreement. Prior to any payment by the Department, any deficiencies inconsistent with approved
plans and specifications found during an inspection must be corrected.
CONTRACTOR COMPLIANCE
The Municipality will be responsible for ensuring that the contractor complies with all of the terms
of the contract and any instructions issued by the Department or FHWA as a result of any review
or inspection made by said representatives.
CHANGE ORDERS
If any changes in the Project plans are necessary, the Department must approve such changes
prior to the work being performed.
16. CLOSE-OUT
Upon completion of the Project, the Municipality shall be responsible for the following:
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FINAL INSPECTION
The Municipality shall arrange for a final inspection by the Department. Any deficiencies
determined during the final field inspection must be corrected prior to final payment being made
by the Department to the Municipality. Additional inspection by other entities may be necessary
in accordance with the Department’s guidelines and procedures. The Municipality shall provide
the Department with written evidence of approval of completed project prior to requesting final
reimbursement.
The Municipality will provide a certification to the Department that all work performed for this
Project is in accordance with all applicable standards, guidelines, and regulations.
17. MAINTENANCE
The Municipality, at no expense or liability to the Department, shall assume all maintenance
responsibilities for the Don Miller Drive Sidewalk, or as required by an executed encroachment
agreement.
18. REIMBURSEMENT
SCOPE OF REIMBURSEMENT
Activities eligible for funding reimbursement for this Project shall include:
Design
Environmental Documentation
Construction
REIMBURSEMENT GUIDANCE
Agreement ID # 1917 12
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procedures contained in Title 23 Code of Federal Regulations, Part 140 and Part 172, which is
being incorporated into this Agreement by reference at
www.fhwa.dot.gov/legsregs/directives/fapgtoc.htm and by Office of Management and Budget
(OMB) Circular A-87 (www.whitehouse.gov/omb/circulars/index.html) “Cost Principles for State,
Local, and Indian Tribal Governments.” Said reimbursement shall also be subject to the
Department being reimbursed by the Federal Highway Administration and subject to compliance
by the Municipality with all applicable federal policy and procedures.
REIMBURSEMENT LIMITS
Any costs incurred by the Municipality prior to written notification by the Department to
proceed with the work shall not be eligible for reimbursement.
At no time shall the Department reimburse the Municipality costs that exceed the total
federal funding.
UNSUBSTANTIATED COSTS
The Municipality agrees that it shall bear all costs for which it is unable to substantiate
actual costs or any costs that have been deemed unallowable by the Federal Highway
Administration and/or the Department’s Financial Management Division.
All work performed by the Department on this Project, including, but not limited to,
reviews, inspections, and Project oversight, shall reduce the maximum award amount of
$78,000 available to the Municipality under this Agreement. If the cost of work done by
the Department exceeds the funding award, the Department will bill the Municipality for
the excess costs.
CONSTRUCTION ADMINISTRATION
Agreement ID # 1917 13
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Reimbursement for construction contract work will be made on the basis of contract unit
prices in the construction contract and any approved change orders.
RIGHT OF WAY
FORCE ACCOUNT
Invoices for force account work shall show a summary of labor, labor additives,
equipment, materials and other qualifying costs in conformance with the standards for
allowable costs set forth in Office of Management and Budget (OMB) Circular A-87
(www.whitehouse.gov/omb/circulars/index.html) “Cost Principles for State, Local, and
Indian Tribal Governments.” Reimbursement shall be based on actual eligible costs
incurred with the exception of equipment owned by the Municipality or its Project
partners. Reimbursement rates for equipment owned by the Municipality or its Project
partners cannot exceed the Department’s rates in effect for the time period in which the
work is performed.
PROCEDURE
The Municipality may bill the Department for eligible Project costs in accordance with the
Department’s guidelines and procedures. Proper supporting documentation shall
accompany each invoice as may be required by the Department. By submittal of each
invoice, the Municipality certifies that it has adhered to all applicable state and federal
laws and regulations as set forth in this Agreement.
INTERNAL APPROVALS
Reimbursement to the Municipality shall be made upon approval of the invoice by the
Department’s Financial Management Division.
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The Municipality may invoice the Department monthly for work accomplished, but no less
than once every six (6) months to keep the Project funds active and available. If the
Municipality is unable to invoice the Department, then they must provide an explanation.
Failure to submit invoices or explanation may result in de-obligation of funds.
FINAL INVOICE
All invoices associated with the Project must be submitted within six (6) months of the
completion of construction and acceptance of the Project to be eligible for reimbursement
by the Department. Any invoices submitted after this time will not be eligible for
reimbursement.
The Municipality is responsible for submitting quarterly Project evaluation reports, in accordance
with the Department’s guidelines and procedures, that detail the progress achieved to date for the
Project.
PROJECT RECORDS
The Municipality and its agents shall maintain all books, documents, papers, accounting records,
Project records and such other evidence as may be appropriate to substantiate costs incurred
under this Agreement. Further, the Municipality shall make such materials available at its office
and shall require its agent to make such materials available at its office at all reasonable times
during the contract period, and for five (5) years from the date of payment of the final voucher by
the Federal Highway Administration, for inspection and audit by the Department’s Financial
Management Section, the Federal Highway Administration, or any authorized representatives of
the Federal Government.
REFERENCES
It will be the responsibility of the Municipality to follow the current and/or most recent edition of
references, websites, specifications, standards, guidelines, recommendations, regulations and/or
general statutes, as stated in this Agreement.
Agreement ID # 1917 15
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INDEMNIFICATION OF DEPARTMENT
The Municipality agrees to indemnify and hold harmless the Department, FHWA and the State of
North Carolina, to the extent allowed by law, for any and all claim for payment, damages and/or
liabilities of any nature, asserted against the Department in connection with this Project. The
Department shall not be responsible for any damages or claims, which may be initiated by third
parties.
DEBARMENT POLICY
It is the policy of the Department not to enter into any agreement with parties that have been
debarred by any government agency (Federal or State). By execution of this agreement, the
Municipality certifies that neither it nor its agents or contractors are presently debarred,
suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation
in this transaction by any Federal or State Agency or Department and that it will not enter into
agreements with any entity that is debarred, suspended, proposed for debarment, declared
ineligible or voluntarily excluded from participation in this transaction.
OTHER AGREEMENTS
The Municipality is solely responsible for all agreements, contracts, and work orders entered into
or issued by the Municipality for this Project. The Department is not responsible for any
expenses or obligations incurred for the Project except those specifically eligible for STP-DA
funds and obligations as approved by the Department under the terms of this Agreement.
AVAILABILITY OF FUNDS
All terms and conditions of this Agreement are dependent upon, and, subject to the allocation of
funds for the purpose set forth in the Agreement and the Agreement shall automatically terminate
if funds cease to be available.
Where either the Department or the FHWA determines that the funds paid to the Municipality for
this Project are not used in accordance with the terms of this Agreement, or if the cost of work
done by the Department exceeds the funding award, the Department will bill the Municipality.
Agreement ID # 1917 16
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TERMINATION OF PROJECT
If the Municipality decides to terminate the Project without the concurrence of the Department, the
Municipality shall reimburse the Department one hundred percent (100%) of all costs expended
by the Department and associated with the Project.
AUDITS
In accordance with OMB Circular A-133, “Audits of States, Local Governments and Non-Profit
Organizations” (www.whitehouse.gov/omb/circulars/a133/a133.html) dated June 27, 2003 and
the Federal Single Audit Act Amendments of 1996, the Municipality shall arrange for an annual
independent financial and compliance audit of its fiscal operations. The Municipality shall furnish
the Department with a copy of the annual independent audit report within thirty (30) days of
completion of the report, but not later than nine (9) months after the Municipality’s fiscal year
ends.
REIMBURSEMENT BY MUNICIPALITY
For all monies due the Department as referenced in this Agreement, reimbursement shall be
made by the Municipality to the Department within sixty (60) days of receiving an invoice. A late
payment penalty and interest shall be charged on any unpaid balance due in accordance with
NCGS 147-86.23.
If the other party to this agreement is a Municipality and fails for any reason to reimburse the
Department in accordance with the provisions for payment hereinabove provided, NCGS 136-
41.3 authorizes the Department to withhold so much of the Municipality’s share of funds allocated
to Municipality by NCGS 136-41.1, until such time as the Department has received payment in
full.
GIFT BAN
By Executive Order 24, issued by Governor Perdue, and NCGS 133-32, it is unlawful for any
vendor or contractor (i.e. architect, bidder, contractor, construction manger, design professional,
engineer, landlord, offeror, seller, subcontractor, supplier, or vendor), to make gifts or to give
favors to any State employee of the Governor’s Cabinet Agencies (i.e. Administration,
Commerce, Correction, Crime Control and Public Safety, Cultural Resources, Environment and
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Natural Resources, Health and Human Services, Juvenile Justice and Delinquency Prevention,
Revenue, Transportation , and the Office of the Governor).
All terms and conditions of this Agreement are dependent upon, and subject to, the allocation of
funds for the purpose set forth in the Agreement and the Agreement shall automatically terminate
if funds cease to be available.
IT IS UNDERSTOOD AND AGREED that the approval of the Project by the Department is
subject to the conditions of this Agreement, and that no expenditures of funds on the part of the
Department will be made until the terms of this Agreement have been complied with on the part of
the Municipality.
Agreement ID # 1917 18
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IN WITNESS WHEREOF, this Agreement has been executed, in duplicate, the day and year
heretofore set out, on the part of the Department and the Municipality by authority duly given.
DATE: ________________________________
NCGS 133-32 and Executive Order 24 prohibit the offer to, or acceptance by, any State Employee of
any gift from anyone with a contract with the State, or from any person seeking to do business with
the State. By execution of any response in this procurement, you attest, for your entire organization
and its employees or agents, that you are not aware that any such gift has been offered, accepted, or
promised by any employees of your organization.
_________________________________________
(SEAL) (FINANCE OFFICER)
_________________________________________
Town of Garner
Remittance Address:
_________________________________________
_________________________________________
DEPARTMENT OF TRANSPORTATION
BY: ______________________________________
(STATE HIGHWAY ADMINISTRATOR)
DATE: ___________________________________
Agreement ID # 1917 19
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TOWN OF GARNER
MEMORANDUM
To: Hardin Watkins
Town Manager
REVENUES
10302000
411175 DOT - STP-DA Grant $ 0 $ 78,000 $ +78,000
10309000
496900 Appropriated Fund Bal 16,000 35,500 +19,500
EXPENDITURES
105600-
105650 Public Works $5,377,408 5,474,908 +97,500
Public Works
10561000-537220 Sidewalk Construction +97,500
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REVENUES
10302000
411175 DOT - STP-DA Grant $ 0 $ 78,000 $ +78,000
10309000
496900 Appropriated Fund Bal 16,000 35,500 +19,500
EXPENDITURES
105600-
105650 Public Works $5,377,408 5,474,908 +97,500
_______________________________
Mayor Ronnie S. Williams
ATTEST: _______________________
Town Clerk
Public Works
10561000-537220 Sidewalk Construction +97,500
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TOWN OF GARNER
MEMORANDUM
To: Hardin Watkins
Town Manager
During their preparation of the Town’s debt capacity study, Davenport & Company
stressed the importance of adopting fiscal policy guidelines. These guidelines will influence and
guide the financial management practice of the Town. Adhering to these policies is recognized as
the cornerstone of sound financial management. During our conversations with the bond rating
agencies they also stressed the need for adopting fiscal guidelines and inquired about the Town’s
policy and if it had been adopted by the governing body.
1. Contribute significantly to the Town's ability to insulate itself from fiscal crisis.
2. Enhance short term and long term financial credit ability by helping to achieve
the highest credit and bond ratings possible.
4. Direct attention to the total financial picture of the Town rather than single issue
areas.
5. Promote the view of linking long-run financial planning with day to day
operations.
6. Provide the Town Council, citizens and the Town’s professional management a
framework for measuring the fiscal impact of government services against
established fiscal parameters and guidelines.
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Town of Garner,
North Carolina
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Adopted: __________________
TABLE OF CONTENTS
Page
Objectives 3
Debt Policies 5
Reserve Policies 6
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This fiscal policy is a statement of the guidelines and goals that will influence and guide the
financial management practice of the Town of Garner, North Carolina. A fiscal policy that is
adopted, adhered to, and regularly reviewed is recognized as the cornerstone of sound financial
management. Effective fiscal policy:
Enhances short term and long term financial credit ability by helping to
•
achieve the highest credit and bond ratings possible,
Directs attention to the total financial picture of the Town rather than
•
single issue areas,
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1. The Town will prioritize all capital improvements in accordance with an adopted capital
improvement program.
2. The Town will develop a 5-year plan for capital improvements and review and update the
plan annually. Additional projects can be added to the CIP at any time, but funding for
projects added in this manner are subject to normal operating budget constraints.
3. The Town will coordinate development of the capital improvement program with
development of the operating budget.
4. The Town will maintain all its assets at a level adequate to protect the Town's capital
investment and to minimize future maintenance and replacement costs.
5. The Town will identify the estimated costs and potential funding sources for each capital
project proposal before it is submitted for approval.
6. The Town will attempt to determine the least costly and most flexible financing method
for all new projects.
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DEBT POLICIES
General
1. The Town will confine long-term borrowing to capital improvements or projects that
cannot be financed from current revenues except where approved justification is
provided.
2. The Town will utilize a balanced approach to capital funding utilizing debt financing,
draws on capital reserves and/or fund balances in excess of policy targets, and current-
year (pay-as-you-go) appropriations.
3. When the Town finances capital improvements or other projects by issuing bonds or
entering into capital leases, it will repay the debt within a period not to exceed the
expected useful life of the project. Target debt ratios will be calculated annually and
included in the review of financial trends.
4. Where feasible, the Town will explore the usage of special assessment, revenue, or other
self-supporting bonds instead of general obligation bonds.
5. The Town will retire tax anticipation debt, if any, annually and will retire bond
anticipation debt within six months after completion of the project.
6. Direct net debt as a percentage of total assessed value of taxable property should not
exceed 2.0%. Direct net debt is defined as Town-issued debt that is tax-supported.
7. The ratio of direct net debt service expenditures as a percent of total governmental fund
expenditures should not exceed 15% with an aggregate ten-year principal payout ratio
target of 50% or better.
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8. The Town recognizes the importance of underlying and overlapping debt in analyzing
financial condition. The Town will regularly analyze total indebtedness including
underlying and overlapping debt.
RESERVE POLICIES
1. Unreserved, Undesignated Fund Balances will mean funds that remain available for
appropriation by the Town Council after all commitments for future expenditures,
required reserves defined by State statutes, and previous Council designations have been
calculated. The Town will define these remaining amounts as “available fund balances.”
2. The Town of Garner will strive to maintain available fund balance in the General Fund at
a level sufficient to meet its objectives. The Town will target an available fund balance
at the close of each fiscal year equal to at least 30% of the General Fund Operating
Budget; at no time shall the available Fund Balance fall below 25% of the General Fund
Operating Budget. Available fund balances in excess of the target 30% of General Fund
Operating Budget may be appropriated from time to time for pay-as-you-go capital and
other one-time uses.
3. The Town Council may, from time-to-time, appropriate fund balances that will reduce
available fund balances below the 25% policy for the purposes of a declared fiscal
emergency or other such global purpose as to protect the long-term fiscal security of the
Town of Garner. In such circumstances, the Council will adopt a plan to restore the
available fund balances to the policy level within 36 months from the date of the
appropriation. If restoration cannot be accomplished within such time period without
severe hardship to the Town, then the Council will establish a different but appropriate
time period.
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1. The Town will develop its annual budgets in such a manner so as to incorporate historic
trend analysis for revenues and expenditures with an adjustment for current financial
trends and developments as appropriate.
2. One-time or other special revenues will not be used to finance continuing Town
operations but instead will be used for funding special projects.
3. The Town will pursue an aggressive policy seeking the collection of delinquent utility,
license, permit and other fees due to the Town.
4. The Town Council will receive a financial report no less than quarterly showing year-to-
date revenues and expenditures.
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1. It is the intent of the Town that public funds will be invested to the extent possible to
reduce the need for property tax revenues. Funds will be invested with the chief
objectives of safety of principal, liquidity, and yield, in that order. All deposits and
investments of Town funds will be in accordance with N.C.G.S. 159.
2. The Town will use a Central Depository to maximize the availability and mobility of cash
for all funds that can be legally and practically combined.
3. Liquidity: No less than 20% of funds available for investment will be maintained in
liquid investments at any point in time.
4. Maturity: All investments will mature in no more than thirty-six (36) months from their
purchase date.
6. Authorized Investments: The Town may deposit Town Funds into: Any Council
approved Official Depository, if such funds are secured in accordance with N.C.G.S.159
(31). The Town may invest Town Funds in: the North Carolina Capital Management
Trust, US Treasury Securities, US Agency Securities specifically authorized in GS-159
and rated no lower than “AAA”, and Commercial Paper meeting the requirements of
NCGS-159 plus having a national bond rating.
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9. Reporting: The Town Council will receive an investment report at the end of each month
showing current investment holdings.
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Owner's BARRY ALAN & SARA ANNE OLSEN Owner's Phone: 919-946-7885
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Separated Employees Name Department Position Title Hire Date Separation Date New Employer
Full-time or
Part-time
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SIGN ENFORCEMENT YEAR‐TO‐DATE TOTALS 1 of 8
2009 ‐ Year to Date Totals 2010 ‐ Year to Date Totals
Banner 67 Banner 63
Other 95 Other 89
Page 89 may have several signs that only 1 Notice was sent
A location
Item K-5
Sign Enforcement 2 of 8
November 2008 to November 2010
Total Removed 43 Total Removed 77 Total Removed 133 Total Removed 220 Total Removed 116 Total Removed 189
Page
Page 1 of90
3 **Several locations may have multiple signs that only 1 Notice was sent
Item K-5
Sign Enforcement 3 of 8
November 2008 to November 2010
Total Removed 233 Total Removed 143 Total Removed 161 Total Removed 118 Total Removed 56 Total Removed 127
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3 **Several locations may have multiple signs that only 1 Notice was sent
Item K-5
Sign Enforcement 4 of 8
November 2008 to November 2010
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3 **Several locations may have multiple signs that only 1 Notice was sent
Item K-5
Sign Violations 5 of 8
November 2008 to November 2010
Enforcement Contact_Business
Date Name Location Found Quantity Type of Sign Type of Violation Action Action Date Comments
Notice of
11/2 /2010 Garner Market Garner Plaza 2 Banner No permit Violation 11/3/2010 2 Banners/Fine
Notice of
11/3 /2010 Fantastic Sams Shoppes at Garner 1 Banner No permit Violation 11/3/2010
Notice of
11/20/2010 Just Tires US 70 1 Banner No permit Violation 11/20/2010
Notice of Banner & Sandwich
11/24/2010 Garner Gold & Pawn On Premise 1 Banner No permit Violation 11/24/2010 Board
Notice of
11/20/2010 Lowes Gateway Village 1 Banner Prohibited Violation
Notice of
11/23/2010 Kick Back Jacks Garner Station 1 Banner Prohibited Violation 11/23/2010
Notice of
11/24/2010 Game Stop On Premise 1 Banner Prohibited Violation 11/24/2010
Enforcement Contact_Business
Date Name Location Found Quantity Type of Sign Type of Violation Action Action Date Comments
Notice of
11/10/2010 Aversboro Coffee Aversboro Square 1 Business Expired Violation 11/10/2010
Notice of
11/3 /2010 US Tobacco Shoppes at Garner 1 Business No permit Violation 11/3/2010
Notice of
11/20/2010 Anfesas Fidelity Bus. Park 1 Business No permit Violation 11/20/2010
Notice of
11/2 /2010 Mattress Firm White Oak Crossing 1 Business Prohibited Violation 11/3/2010 Windfeather
Notice of
11/3 /2010 Mattress Firm Garner Town Square 1 Business Prohibited Violation 11/3/2010
Notice of
11/3 /2010 Tripps Garner Station Blvd. 1 Business Prohibited Violation 11/3/2010
Notice of
11/3 /2010 Tookies 5th Avenue Shoppes 1 Business Prohibited Violation 11/3/2010 Sandwich board
Notice of
11/10/2010 Wilco‐Hess US 70 1 Business Prohibited Violation 11/10/2010
Page1 of934
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Item K-5
Sign Violations 6 of 8
November 2008 to November 2010
Enforcement Contact_Business
Date Name Location Found Quantity Type of Sign Type of Violation Action Action Date Comments
Community Thrift Notice of
11/24/2010 Store On Premise 1 Business Prohibited Violation 11/24/2010 Sandwich Board
Notice of
11/24/2010 Arbys On Premise 1 Business Prohibited Violation 11/24/2010
Swift Creek Coffee Notice of
11/24/2010 House On Premise 1 Business Prohibited Violation 11/24/2010
Notice of
11/24/2010 Flying Tiger On Premise 1 Business Prohibited Violation 11/24/2010 Inflatable
Notice of Sandwich Board
11/24/2010 Verizon Wireless On Premise 1 Business Prohibited Violation 11/24/2010 Sign
Notice of
11/24/2010 Sophies Grill On Premise 1 Business Prohibited Violation 11/24/2010 Sandwich Board
Notice of Sandwich Board &
11/24/2010 Fantastic Sams On Premise 2 Business Prohibited Violation 11/24/2010 Banner
Touch of Class Hair Notice of
11/24/2010 Salon On Premise 1 Business Prohibited Violation 11/24/2010 Sandwich Board
Notice of
11/24/2010 Florest Hills Florist On Premise 1 Business Prohibited Violation 11/24/2010 Sandwich Board
Hwy 70/Mechanical
11/1 /2010 Video Tapes Blvd 1 Business Prohibited Removed 11/1/2010
Timber Drive & Vandora
11/4 /2010 Upward Sport Springs Rd 1 Business Prohibited Removed 11/4/2010
Page2 of944
Page
Item K-5
Sign Violations 7 of 8
November 2008 to November 2010
Enforcement Contact_Business
Date Name Location Found Quantity Type of Sign Type of Violation Action Action Date Comments
Garner Methodist W. Garner Rd & Benson
11/5 /2010 Church Rd 2 Other Prohibited Removed 11/5/2010
11/6 /2010 Garner Methodist Aversboro Rd 1 Other Prohibited Removed 11/6/2010
Enforcement Contact_Business
Date Name Location Found Quantity Type of Sign Type of Violation Action Action Date Comments
Page3 of954
Page
Item K-5
Sign Violations 8 of 8
November 2008 to November 2010
Enforcement Contact_Business
Date Name Location Found Quantity Type of Sign Type of Violation Action Action Date Comments
Garner Rd & Vandora Yard/Garage
11/1 /2010 Yard Sale Springs 1 Sale Prohibited Removed 11/1/2010
Yard/Garage
11/1 /2010 Yard Sale Multiple Locations 17 Sale Prohibited Removed 11/1/2010 Utility Poles
Yard/Garage
11/2 /2010 Yard Sale Hwy 70 & New Rand Rd 1 Sale
Yard/Garage Prohibited Removed 11/2/2010
11/6 /2010 Garage Sale Aversboro Rd 1 Sale
Yard/Garage Prohibited Removed 11/6/2010
11/6 /2010 Yard Sale Aversboro Rd 1 Sale Prohibited Removed 11/6/2010
Yard/Garage
11/6 /2010 Yard Sale Vandora Springs 1 Sale g Prohibited Removed 11/6/2010
11/6 /2010 Yard Sale Timber Drive 1 Sale
Yard/Garage Prohibited Removed 11/6/2010
11/6 /2010 For Sale Timber Drive 1 Sale g Prohibited Removed 11/6/2010
11/6 /2010 Yard Sale Old Garner Rd 3 Sale g Prohibited Removed 11/6/2010
11/6 /2010 Yard Sale Hwy 50 2 Sale / g Prohibited Removed 11/6/2010
11/6 /2010 Garage Sale Vandora Springs 2 Sale Prohibited Removed 11/6/2010
11/10/2010 Yard Sale Circle & St Marys 1 Sale Prohibited Removed 11/10/2010 Utility Pole
Old Stage & Vandora Yard/Garage
11/10/2010 Yard Sale Springs 1 Sale
Yard/Garage Prohibited Removed 11/10/2010
11/20/2010 Yard Sale Garner & Weston 2 Sale Prohibited Removed 11/20/2010
Vandora Springs & Yard/Garage
11/20/2010 Yard Sale Fowler 1 Sale
Yard/Garage Prohibited Removed 11/20/2010
11/20/2010 Yard Sale Timber & Spring Drive 1 Sale Prohibited Removed 11/20/2010
Yard/Garage
11/20/2010 Yard Sale St. Marys & Circle 2 Sale Prohibited Removed 11/20/2010
Yard/Garage
11/20/2010 Yard Sale US 70 & Jessup 1 Sale Prohibited Removed 11/20/2010
Yard/Garage
11/22/2010 Yard Sale Multiple Locations 5 Sale Prohibited Removed 11/22/2010 Utilty Poles
Page4 of964
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