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Garner Town Council

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

A CALL MEETING TO ORDER

B PLEDGE OF ALLEGIANCE – Council Member Johns

C INVOCATION – Council Member Johns

D ADOPTION OF AGENDA

E PRESENTATIONS

1. Residential Property of the Month Award, 101 Monabreeze Way,


Johnson and Blessing Uwa
Presenter: Reggie Buie

2. Commercial Property of the Month Award, Raleigh Pediatric


Associates, 1405 Timber Drive East, Tonya Wade-Garner Office,
Site Manager
Presenter: Reggie Buie

3. Capital Trees Award


Presenter: Lois Nixon, Triangle J Regional Appearance Commission

4. Presentation of Proclamation for Human Rights Day, Bill of


Rights Day and Human Rights Week, 2010

5. Update from the Veterans Memorial Committee


Presenter: Harold Annis, President

F PETITIONS AND COMMENTS

This portion of the meeting is to receive comments from the public


on items not included in this agenda. Citizens should sign up with
the Town Clerk to speak prior to the start of the meeting. The
Council is interested in hearing your concerns, but may not take
action or deliberate on subject matter brought up during the
Petitions and Comments segment. Topics requiring further
investigation will be referred to the appropriate Town officials or
staff and may be scheduled for a future agenda.

G CONSENT

All items on the Consent Agenda are considered routine, to be


enacted by one motion with the adoption of the agenda and without
discussion. If a member of the governing body requests discussion
of an item, the item will be removed from the Consent Agenda and
considered separately.

1. Town Council Meeting Date Schedule for 2011

Action: Approval of Meeting Date Schedule

Page 1
2. Adoption of Town of Garner Streetscape Master Plan

One of the recommendations from the North Garner Plan was to


design and implement streetscape improvements along Main
Street. This Streetscape Master Plan provides a vision and
framework for future development within this core area as well
as the community as a whole. Through facilitated workshops, a
steering committee conceived, developed and finalized the
plan.

Action: Adoption of Town of Garner Streetscape Master Plan

3. Set Public Hearing on Amendments to the Unified Development


Ordinance Regarding Signs

Staff requests a public hearing be set on January 3, 2011 to


receive public input on a proposed amendment to the Unified
Development Ordinance (UDO). The amendment recommends changes
to regulations regarding off-premise signs advertising
residential subdivisions and on-site signs advertising large
construction projects.

Action: Set hearing for January 3, 2011

4. Permit New Year’s Eve Concert to Extend Past the 11:00 P.M.
Deadline

A concert is planned at the Historic Auditorium on New Year’s Eve


that will run until 12:15 A.M. This will require authorization of
the Town Council to waive Section 4.5 of the Town Special Events
Policy which requires sound systems to conclude by 11:00 P.M. and
waive Section 11-15 of the Garner Town Code that prohibits sound
systems after 10:00 P.M.

Action: Waive Special Events Policy Requirements and Noise


Requirements of Section 11-15 of the Town Code for an
event scheduled to begin December 31, 2010

5. Ordinance Amending the 2010 – 2011 Town Operating Budget

This ordinance amendment recognizes proceeds from the sale of


Squad Vehicle #881 and provides funding to pay balance of the
outstanding loan and interest on Squad Vehicle #881; provides
funding for the School Traffic Study and recognizes the
balance of proceeds from Squad Vehicle #881 as an increase of
contingency.

Action: Adopt Ordinance No. (2010) 3602

H. Public Hearings

1. Rezoning Z-10-01 GFR Properties, LLC O&I to MF-2 on Poole Drive


Presenter: Brad Bass, Planning Director

GFR Properties is requesting to rezone a 1.67 acre tract of land


from Office and Institutional to Multi-Family 2. The property is
located on Poole Drive north of Georgetowne Manor.

Action: Refer to Planning Commission

Page 2
2. UDO Text Amendment UDO-10-04 Regarding Procedures for
Reasonable Accommodation
Presenter: Brad Bass, Planning Director

The purpose of this hearing is to receive public input on a


proposed amendment to the Unified Development Ordinance (UDO).
The amendment proposes changes to Section 3.17 regarding
Special Exceptions.

Action: Refer to Planning Commission

3. Ordinance to Adopt Annexation Petition, ANX-10-08 Rachel


Blalock Property at 5001 Old Stage Road
Presenter: Brad Bass, Planning Director

Rachel Blalock has petitioned to annex property located at


5001 Old Stage Road resulting from a request to connect to
public water. The legal requirements to proceed with this
annexation have been met. If adopted, the Ordinance
authorizes the annexation to become effective December 31,
2010.

Action: Adopt Ordinance No. (2010) 3603

I OLD/NEW BUSINESS

1. NCDOT Municipal Agreement regarding Don Miller Drive Sidewalk


Project
Presenter: Brad Bass, Planning Director

CAMPO notified member jurisdictions that the Non-Competitive


STP-DA (STP-DA) funds individual communities had been
“banking” over the last several years needed to be obligated
this year. Garner has accumulated $78,000 that can be used for
a bicycle, pedestrian or transit project. The Town request for
funding the Don Miller Drive Sidewalk Project was approved by
CAMPO. A 20% local match is required ($19,500) along with a
Municipal Agreement with NCDOT to be in place by December 31,
2010. Funding for the grant match has not been appropriated
therefore a budget amendment will be required if Council
authorizes the execution of the agreement.

Action: Consider Authorization of Agreement; Approve


Ordinance No. (2010) 3604 Amending the Operating
Budget

2. Town of Garner Fiscal Policy Guidelines

During preparation of the Town’s debt capacity study,


Davenport & Company stressed the importance of adopting fiscal
policy guidelines. Rating agencies, such as Standard &
Poor’s, also have expressed their desire to see policies
adopted prior to improving the Town’s credit rating. These
guidelines will influence and guide the financial management
practice of the Town.

Action: Consider Adoption of Fiscal Policy Guidelines

Page 3
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

N CLOSED SESSION PURSUANT TO N.C.G.S. 143-318.11(a)(5) to discuss


possible real estate acquisition and the Town’s negotiating position
regarding such real estate.

O ADJOURNMENT

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Item E-4
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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.

NOW, THEREFORE, I, Ronnie Williams, Mayor of Garner, NC, by virtue of


the authority vested in me by the Constitution and laws of the United States, do
hereby proclaim:

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.

In Witness Whereof, I have hereunto set


my hand and caused the Great Seal of the
Town of Garner, North Carolina, to be
affixed this 6th day of December 2010.

_______________________________________________
Ronnie S. Williams, Mayor

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Item G-1
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MEMORANDUM

To: Honorable Mayor and Town Council

From: Judy Bass, Town Clerk

Date: December 2, 2010

Subject: Town Council Meeting Dates for 2011

Attached is a list of proposed meeting dates for 2011. As set forth


in the Town Code, when a meeting date falls on a holiday, the
meeting will be held the following day. For example, July 4 is on
Monday, therefore the meeting will be held on Tuesday, July 5.

Please note a change in the September meeting calendar. The Manager


and Assistant Manager are scheduled to be at the ICMA Conference on
September 20, 2011. We are proposing the meeting date be changed to
Tuesday, September 13.

Page 6
Item G-1
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

February 7 Monday Regular 7:00


22 Tuesday Regular 7:00
28 Monday Work Session 6:00

March 7 Monday Regular 7:00


22 Tuesday Regular 7:00
29 Tuesday Work Session 6:00

April 4 Monday Regular 7:00


19 Tuesday Regular 7:00
26 Tuesday Work Session 6:00

May 2 Monday Regular 7:00


17 Tuesday Regular 7:00
31 Tuesday Work Session 6:00

June 6 Monday Regular 7:00


21 Tuesday Regular 7:00
28 Tuesday Work Session 6:00

July 5 Tuesday Regular 7:00


19 Tuesday Regular 7:00
26 Tuesday Work Session 6:00

August 1 Monday Regular 7:00


16 Tuesday Regular 7:00
30 Tuesday Work Session 6:00

September 6 Tuesday Regular 7:00


13 Tuesday Regular 7:00
27 Tuesday Work Session 6:00

October 3 Monday Regular 7:00


18 Tuesday Regular 7:00
25 Tuesday Work Session 6:00

November 7 Monday Regular 7:00


22 Tuesday Regular 7:00
29 Tuesday Work Session 6:00

December 5 Monday Regular 7:00


20 Tuesday Regular 7:00
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Item G-2
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GARNER REVITALIZATION ASSOCIATION


111 West Main Street, Suite 200, Garner NC 27529
Phone 919-773-4402 email: downtowngarner@nc.rr.com

December 1, 2010

Garner Town Council


Town of Garner
900 Seventh Avenue
Garner, NC 27529

Dear Council Members:

I am writing on behalf of the Garner Revitalization Association to express our support of


the proposed Streetscape Master Plan. This plan was recommended in the North Garner
Plan and integrates with the recently adopted Historic Downtown Garner Plan to form a
cohesive long range vision for a revitalized Downtown Garner.

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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Item G-2
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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

The foundation of Garner’s Streetscape Plan has been the value of


Process Overview
workshops and the charrette process. This problem-solving  Guiding Principals
process utilized in the development of the master plan established  Identify Project Limits and
a clear vision along with identifying opportunities and constrains Focus Areas
 Develop Project Vision
from which the project design alternatives would be developed.  Develop Project Goals
The outcome of the Garner’s Streetscape Plan process was a  Challenges and
clearly defined vision, an understanding of opportunities and Opportunities
 Conceptual Development
constraints, and the development of a consensus based master
 Conduct Public Workshop
plan that addressed project principals.  Development of Conceptual
Alternatives
 Development of Preferred
Alternative
 Conduct Public Workshop
 Preliminary Master Plan
Document
 Final Master Plan Document

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Item G-2
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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

Garner Streetscape Focus Areas


The project study area limits as delineated by the project steering committee are: Benson Roads (west);
Jones Sausage Road (east); US 70 between Benson Road and New Rand Road (south); and the right-of-
way for Garner Road (north). Focus areas include:

1. Downtown Core (Emory to Purvis Streets)


2. Intersections of Garner Road/Benson Road and Main Street/Benson Road
3. Intersections of US 70/Benson Road
4. Intersections New Rand Road/US70.
5. Intersections of New Rand Road/Garner Road

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Item G-2
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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

2. Benson Road at West Garner and Main:


The following represents the site program for Benson Road and Main Street. Benson Road is an
important Linkage to Main Street from US-70 and it connection to West Garner Road.

Site Program-Benson at West Garner


 Develop a sidewalk system south of West Garner along Benson Road
 Add chokers/ bulb-outs reducing high speed right turns
 Install pedestrian cross walks and activated signals at all corners
 Install bicycle lanes along Garner Road beginning at the Benson intersection
 Install destination and gateway signage at both corners of Benson and West Garner intersection
 Install curb and gutter along Webb’s gas station
 Reduce curb cuts along Toot-N-Tell
 Add curb and gutter along Benson Road from Main Street to West Garner
 Add retaining wall under NC Railroad bridge to facilitate sidewalk
 Add streetscape planting
 Add decorative traffic signal support poles
 Add dedicated right turn lane on east bound Garner Road

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Item G-2
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Garner Streetscape Plan Summary

Site Program-Benson at Main


 Install Historic Downtown Garner signage
 Add curb and gutter along Benson Road from Main Street to West Garner
 Add streetscape planting
 Add five foot sidewalks with a four foot grass strip along Main Street

3. Benson Road at US 70:


The following represents the site program for Benson Road at US-70 and is an important gateway to
Downtown Garner.
Site Program
 Extend sidewalk system on east side of Benson Road to Main Street
 Add directional signage north of bridge
 Add pedestrian cross walks north of bridge
 Add streetscape planting north of bridge along both sides of Benson Road
 Eliminate fast right turns south of bridge and add cross walks with pedestrian activated signals
 Add sidewalk system south of bridge on the east side
 Future replacement bridge-add bike lanes and eight foot multi-use sidewalk on east side of bridge

4. New Rand Road at US 70:


The following represents the site program for New Rand at US-70 and is an important gateway to
Downtown Garner.
Site Program
 Widen New Rand Road from ten foot to eleven foot lanes
 Curb and gutter New Rand from US 70 to Main Street
 Add sidewalk system on east side of New Rand Road from US 70 to Main Street
 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 US-70

5. New Rand Road and Garner:


The following represents the site program for New Rand and Garner Road and is an important gateway
to Downtown Garner.
Site Program
 Eliminate fast right turns at Garner Road intersection
 Widen New Rand Road from ten foot to eleven foot lanes
 Curb and gutter New Rand from US 70 to Main Street
 Add sidewalk system on east side of New Rand Road from US 70 to Main Street

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Item G-2
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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.

h:\shared planning files\garner streetscape project\final concept plan\streetscape_summary_12-6-2010.docx

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Item G-5
1 of 2

TOWN OF GARNER

MEMORANDUM
To: Hardin Watkins
Town Manager

From: Lin Jones


Finance Director

Date: December 1, 2010

Subject: Budget Amendment

1. Recognize proceeds from sale of Squad Vehicle #881 ($335,000)

2. Provide funding to pay balance of loan outstanding ($315,621) and


interest ($1,341) on Squad Vehicle #881. Funding will be by
proceeds from sale of Squad Vehicle #881.

3. Provide funding for School Traffic Study ($8,500). Funding will


be by proceeds from sale of Squad Vehicle #881.

4. Recognize balance of proceeds from Squad Vehicle #881 ($9,538) as


an increase of contingency.

CURRENT AMENDED NET CHANGE


GENERAL FUND

REVENUES

10309000 Proceeds from sale


476010 of Assets $ 7,500 $ 342,500 $ +335,000

EXPENDITURES

104110-
104120 Legislative $1,023,524 1,033,062 +9,538

104610-
104630 Planning 632,344 640,844 +8,500

105800 Debt Service 897,028 1,213,990 +316,962

Line items for this amendment are as follows:

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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Item G-5
2 of 2

ORDINANCE NO. (2010) 3602

ORDINANCE AMENDING ORDINANCE NO. (2010) 3586


WHICH ESTABLISHED THE 2010 - 2011 OPERATING BUDGET

BE IT ORDAINED by the Town Council of the Town of Garner, North Carolina:

Section One. That the GENERAL FUND be amended as follows:

CURRENT AMENDED NET CHANGE


GENERAL FUND

REVENUES

10309000 Proceeds from sale


476010 of Assets $ 7,500 $ 342,500 $ +335,000

EXPENDITURES

104110-
104120 Legislative $1,023,524 1,033,062 +9,538

104610-
104630 Planning 632,344 640,844 +8,500

105800 Debt Service 897,028 1,213,990 +316,962

Section Four. Copies of this ordinance shall be furnished to the


Finance Director and the Town Clerk for their direction in the disbursement
of the Town's funds and for public inspection.

Duly adopted this 6th day of December, 2010.

_______________________________
Mayor Ronnie S. Williams

ATTEST: _______________________
Town Clerk

Line items for this amendment are as follows:

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

Page 15
Item H-1
1 of 7

TOWN OF GARNER
STAFF REZONING REPORT
Town Council
December 6, 2010

APPLICATIONS: Z 10-01
APPLICANT: GFR Properties, LLC
OWNER: GFR Properties, LLC

LOCATION OF Vacant lot on Poole Drive north of Georgetowne Manor


PROPERTY: and adjacent to the Garner Civitan Club

WAKE COUNTY PIN #: 1710374934

AREA: 1.67 Acres

TOWN LIMITS: Yes

PRESENT ZONING: Office and Institutional (O&I)

N/A
OVERLAY:

REQUESTED ZONING: Multi-Family 2 (MF-2)

KEY MEETING DATES:

Town Council Public Hearing: December 6, 2010


Planning Commission: December 13, 2010
Town Council Action: January 3, 2011

Page 16
Item H-1
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REZONING REPORT

GENERAL DESCRIPTION:

Contrast Between Existing and Proposed Zoning Classifications

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.

1. Townhouses and Condominiums


2. Community Center
3. Library, museum, art gallery
4. Other community service
5. Fraternal clubs and lodges
6. Adult daycare
7. Day Care Center
8. Business School. College, or university in single building
9. College, university
10. Schools public or private
11. Trade or vocational school
12. Ambulance, rescue squad, police, fire station
13. Government office
14. Continuing care, retirement facility
15. Hospice
16. Hospital
17. Medical clinic
18. Mental health facility
19. Group care facility
20. Handicapped institution
21. Intermediate care institution
22. Cemetery
23. Public parks, swimming pools, tennis and golf courses
24. Religious institutions
25. Minor utility—elevated water tank
26. Golf course or country club private
27. Gym, spa, indoor tennis or pool private
28. Banks and financial institutions
29. Medical office
30. Other office; general office (only use permitted)

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Item H-1
3 of 7

31. Bed and breakfast


32. Commercial parking
33. Indoor repair oriented use
34. Veterinarian / kennel, indoor

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.

The following is a list of permitted uses under the MF-2 district.

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

Adjacent Zoning and Land Uses

North- Neighborhood Commercial (NC); Webb’s Mini Mart & Gas Station

South- Multi-Family 2 (MF-2); Georgetowne Manor townhomes

East- Office & Institutional (O&I); office uses

West- Multi-Family 2 (MF-2); open space


Office & Institutional (O&I); Garner Civitan Club

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Item H-1
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Rezoning Request Summary

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.

Case Applicant Location Zoning Change


Across from Garner
Z 72-12 William Lloyd R-12 to R-12A
Civitan
Z 74-2 J & P Oil Company Webb’s Minimart R-20 to RB
Z 80-10 George Rucker Rezoning site MF-2 to O&I
Z 86-25 Robert Hamilton 1401 Aversboro Rd MF-2 to O&I
Z 87-10 W A Weston Aversboro Square R-12 to CB
CUD-Z-02-06 Real Estate Management Lawndale Townes O&I to MF-1

INFRASTRUCTURE

Public Water & Sewer

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

Conformity to Adopted Town Plans

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 recommended zoning districts include: Central Business District (CBD),


Neighborhood Commercial (NC), Office and Institutional (O&I), Neighborhood Office
(NO), Multi-Family 1 and 2 (MF-1 & MF-2), Mixed Use Development (MXD), Traditional
Neighborhood Development (TND), Planned Unit Development (PUD), and Residential
9 (R-9). The recommended residential density range for this location ranges from 4.84
(R-9) to 13.85 (MF-2) dwelling units per acre.

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.

Prepared by: David Bamford


Reviewed by: Brad Bass
H:\Planning Department\PLA-06\rez\Z 10-01.doc

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MEMORANDUM

TO: Hardin Watkins


Town Manager

FROM: Brad Bass, AICP


Director of Planning

DATE: December 1, 2010

SUBJECT: Unified Development Ordinance Text Amendment Regarding


Reasonable Accommodation under the Federal Fair Housing Act

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.

Summary of the Proposed Text Amendment

1. Creates a new section entitled 3.17 Special Exceptions; and

2. Authorizes the Board of Adjustment to review requests for special


accommodation and grant a special exception from UDO requirements
primarily as it relates to disabled or handicapped homes; and

3. Requires a formal application to be filed which follows the same procedures


that are used for variances (quasi-judicial public hearing, notice to adjacent
property owners, sign posted on property, legal advertisement of the
hearing); and

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4. Establishes the following approval criteria that Board of Adjustment must use
in order to grant a special exception:

(a) "Reasonable.” An accommodation will be determined to be reasonable if it


would not undermine the legitimate purposes and effects of existing zoning
regulations and the benefits that the accommodation would provide to the
handicapped, and if it will not impose significant financial and administrative
burdens upon the Town and/or constitute a substantial or fundamental
alteration of the Town's ordinance provisions); and

(b) "Necessary." An accommodation will be determined to be necessary if it


would provide direct or meaningful therapeutic amelioration of the affects of
the particular disability or handicap), and would afford handicapped or
disabled persons equal opportunity to enjoy and use housing in residential
districts in the Town.

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.

Should you have questions, please advise.

h:\shared planning files\udo amendments\2010\udo-10-04\councilmemo_ph_12-6-10.doc

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Draft
ORDINANCE NO.

AN ORDINANCE TO AMEND ORDINANCE NO. (2003) 3250 ENTITLED “THE


GARNER UNIFIED DEVELOPMENT ORDINANCE FOR THE TOWN OF GARNER AND
ITS EXTRATERRITORIAL JURISDICTION”

Section One. That a new Section 3.17, Special Exceptions


be established as follows:

3.17. Special exceptions.

A. Applicability. The Board of Adjustment is authorized to


grant special exceptions for the special circumstances set forth
in this section to allow for a reasonable accommodation under
the Federal Fair Housing Act.

B. Application. An application for a special exception under


this section shall be submitted to the Board of Adjustment by
filing a copy of the application with the Planning Director. No
filing fee shall be required for such application.

C. Approval process. The procedures set forth in Section


3.15.C for variances shall apply to Staff Review and Report,
Public Hearing Notice and Action of the Board of Adjustment.

D. Approval criteria. The Board of Adjustment shall grant a


special exception to any provision of this ordinance as a
reasonable accommodation under the Federal Fair Housing Act if
the Board finds by the greater weight of the evidence that the
proposed special exception is:

(i) "Reasonable." An accommodation will be determined to be


reasonable if it would not undermine the legitimate purposes and
effects of existing zoning regulations and the benefits that the
accommodation would provide to the handicapped, and if it will
not impose significant financial and administrative burdens upon
the Town and/or constitute a substantial or fundamental
alteration of the Town's ordinance provisions);and

(ii) "Necessary." An accommodation will be determined to be


necessary if it would provide direct or meaningful therapeutic
amelioration of the affects of the particular disability or
handicap), and would afford handicapped or disabled persons
equal opportunity to enjoy and use housing in residential
districts in the Town.

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Draft
Section Two. All ordinances or portions thereof in
conflict with this ordinance are hereby repealed.

Duly adopted this day of , 2010.

____________________________
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

ANNEXATION APPLICATION: ANX-10-08

Rachel Blalock
OWNER:

CONTIGUOUS / SATELLITE: Satellite

LOCATION OF PROPERTY: 5001 Old Stage Road—near US 401

WAKE COUNTY PIN #: 1701148445

REAL ESTATE ID #: 0006529

AREA: 0.57 acres

ZONING: R-20 Residential

ASSOCIATED DEVELOPMENT There is no site development plan associated


PLAN: with the property. The property owner has
requested connection to public water due to
concerns regarding ground water contamination
north of their property (Dry Cleaners). Several
neighboring property owners in the area have
also recently annexed including Sydney Collins,
Judy Collins, and Herman Collins.

PROPOSED USE: Single-family residential

RECOMMENDATION: Adopt the attached annexation ordinance and


set effective date to December 31, 2010.

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ORDINANCE NO. (2010) 3603


AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE
TOWN OF GARNER, NORTH CAROLINA

WHEREAS, the Town Council of the Town of Garner has been


petitioned under G.S. 160A-58.1 to annex the area described below; and

WHEREAS, the Town Council has by resolution directed the Town


Clerk to investigate the sufficiency of the petition; and

WHEREAS, the Town Clerk has certified the sufficiency of the


petition and a public hearing on the question of this annexation was
held at the Town Hall at 7:00 PM on December 6, 2010 after due notice
by the Garner Citizen on November 17, 2010, and

WHEREAS, the Town Council finds that the area described therein
meets the standards of G.S. 160A-58.l(b), to wit:

a. The nearest point on the proposed satellite corporate limits is


not more than three (3) miles from the corporate limits of the
Town of Garner;

b. No point on the proposed satellite corporate limits is closer to


another municipality than to the Town of Garner;

c. The area described is so situated that the Town of Garner will be


able to provide the same services within the proposed satellite
corporate limits that it provides within the primary corporate
limits;

d. No subdivision, as defined in G.S. 160A-376, will be fragmented


by this proposed annexation;

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

WHEREAS, the Town Council further finds that the petition is


otherwise valid, and that the public health, safety and welfare of the
Town of Garner and of the area proposed for annexation will be best
served by annexing the area described;

NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of


Garner, North Carolina that:

Section 1. By virtue of the authority granted by G.S. 160A-58.2,


the following described non-contiguous territory is hereby annexed and
made part of the Town of Garner as of December 31, 2010.

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Ordinance No. (2010)3603


Page 2

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.

Section 3. The Mayor of the Town of shall cause to be recorded in


the office of the Register of Deeds of Wake County, and in the office
of the Secretary of State at Raleigh, North Carolina, an accurate map
of the annexed territory, described in Section 1 above, together with
a duly certified copy of this ordinance. Such a map shall also be
delivered to the Wake County Board of Elections, as required by G.S.
163-288.1.

Adopted this 6th day of December, 2010.

_________________________________
Mayor

ATTEST:

________________________________
Town Clerk

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MEMORANDUM

TO: Hardin Watkins


Town Manager

FROM: Brad Bass, AICP


Director of Planning

DATE: December 1, 2010

SUBJECT: NCDOT Municipal Agreement


Don Miller Drive Sidewalk Project

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

Page 31
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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.

Please advise if you have questions.

h:\pla-02\myfiles\donmiller_sidewalk_11-29-2010.doc

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Page 33
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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).

Entity: Town of Garner County: Wake

TIP: EL-5100 MA

Project: Don Miller Drive Sidewalk

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

CON 41821.3.27 Construction

OTHER

FEDERAL-AID STPDA-0508(4)

Fund Source Federal Funds Reimbursement Non-Federal Non-Federal


Amount Rate Match $ Match Rate
STP-DA $78,000 80 % $19,500 20 %
Total Estimated Cost $97,500

Responsibility: The Town of Garner shall be responsible for all aspects of the project.

Agreement ID # 1917

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NORTH CAROLINA LOCALLY ADMINISTERED PROJECT -


FEDERAL
WAKE COUNTY
DATE: 10/19/2010
NORTH CAROLINA DEPARTMENT OF
TRANSPORTATION
TIP #: EL-5100 MA
AND WBS Elements: PE 41821.1.27
ROW ____________
TOWN OF GARNER CON 41821.3.27
OTHER FUNDING:
FEDERAL-AID NUMBER: STPDA-0508(4)
CFDA #: 20.205
Total Funds [NCDOT Participation] $78,000

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.

SPONSOR TO PERFORM ALL WORK

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.

COMPLIANCE WITH STATE/FEDERAL POLICY

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 TO COMPLY - CONSEQUENCES

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

as further set forth in this Agreement.

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

Fund Source Federal Funds Reimbursement Non-Federal Non-Federal


Amount Rate Match $ Match Rate
STP-DA $78,000 80 % $19,500 20 %
Total Estimated Cost $97,500

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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8 of 25

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.

5. PRELIMINARY ENGINEERING AUTHORIZATION

If Preliminary Engineering is an eligible expense, then upon receipt of an executed agreement,


the Department will authorize Preliminary Engineering funds and shall notify the Municipality, in
writing, once funds have been authorized and can be expended. The Municipality shall not
initiate any work, nor solicit for any professional services prior to receipt of written authorization
from the Department to proceed. Any work performed, or contracts executed, prior to receipt of
written authorization to proceed will be ineligible for reimbursement.

6. PROFESSIONAL AND ENGINEERING SERVICES

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.

 All Professional Services Firms shall be pre-qualified by the Department.

 If the proposed contract exceeds $30,000, a pre-negotiation audit must be requested


from the Department’s External Audit Branch.

Agreement ID # 1917 4

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SMALL PROFESSIONAL AND ENGINEERING SERVICES FIRMS REQUIREMENTS

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.

7. PLANNING / ENVIRONMENTAL DOCUMENTATION

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

CONTENT OF PLAN PACKAGE

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.

9. RIGHT OF WAY / UTILITY AUTHORIZATION

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.

10. PROJECT LIMITS AND RIGHT OF WAY (ROW)

SPONSOR PROVIDES ROW

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.

CLEARANCE OF PROJECT LIMITS / ROW

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.

12. RIGHT OF WAY CERTIFICATION

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.

13. CONSTRUCTION AUTHORIZATION

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.

 After approval of all documentation, the Department will request construction


authorization from the Federal Highway Administration.

 The Municipality shall not advertise for bids prior to receiving written construction
authorization from the Department.

14. CONTRACTOR PROCUREMENT

ADVERTISE FOR BIDS

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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www.fhwa.dot.gov/legsregs/directives/fapgtoc.htm; and NCGS, Chapter 143, Article 8 (Public


Contracts), incorporated by reference at www.ncleg.net/gascripts/Statutes/Statutes.asp.

CONSTRUCTION CONTRACTOR REQUIREMENTS

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.

CONSTRUCTION SUBCONTRACTOR REQUIREMENTS

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:

CONSTRUCTION CONTRACT ADMINISTRATION

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:

Agreement ID # 1917 11

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16 of 25

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.

FINAL PROJECT CERTIFICATION

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

The Municipality shall adhere to applicable administrative requirements of Title 49 Code of


Federal Regulations, Part 18 (www.fhwa.dot.gov/legsregs/directives/fapgtoc.htm) and Office of
Management and Budget (OMB) Circulars A-102 (www.whitehouse.gov/omb/circulars/index.html)
“Uniform Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments.” Reimbursement to the Municipality shall be subject to the policies and

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

 WORK PERFORMED BEFORE NOTIFICATION

Any costs incurred by the Municipality prior to written notification by the Department to
proceed with the work shall not be eligible for reimbursement.

 NO REIMBURSEMENT IN EXCESS OF APPROVED FUNDING

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.

 WORK PERFORMED BY NCDOT

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

Reimbursement for construction contract administration will be made as governed by


Departmental policy that limits reimbursement for construction contract administration to
no more than fifteen (15%) percent of the actual construction contract of the Project.
These costs will also include any cost overruns and charges to the Project by the
Department during the Construction Phase.

Agreement ID # 1917 13

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 CONSTRUCTION CONTRACT UNIT PRICES

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

Reimbursement will be limited to the value as approved by the Department. Eligible


costs for reimbursement of Right of Way Acquisition include: realty appraisals, surveys,
closing costs, and the approved appraised fair market value of the property, at the
reimbursement rate as shown in the FUNDING TABLE.

 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.

BILLING THE DEPARTMENT

 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.

 TIMELY SUBMITTAL OF INVOICES

Agreement ID # 1917 14

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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.

19. REPORTING REQUIREMENTS AND RECORDS RETENTION

PROJECT EVALUATION REPORTS

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.

20. OTHER PROVISIONS

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.

IMPROPER USE OF FUNDS, EXCESS USE OF FUNDS

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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21 of 25

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.

USE OF POWELL BILL FUNDS

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

Agreement ID # 1917 17

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22 of 25

Natural Resources, Health and Human Services, Juvenile Justice and Delinquency Prevention,
Revenue, Transportation , and the Office of the Governor).

21. SUNSET PROVISION

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.

ATTEST: TOWN OF GARNER

BY: ______________________________ BY: __________________________________

TITLE: ______________________________ TITLE: ________________________________

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.

Approved by __________________________ of the Town of Garner as attested to by the signature


of ______________________ Clerk of the ____________________ on ___________________(Date)

This Agreement has been pre-audited in the manner


required by the Local Government Budget and Fiscal
Control Act.

_________________________________________
(SEAL) (FINANCE OFFICER)

Federal Tax Identification Number

_________________________________________

Town of Garner

Remittance Address:

_________________________________________

_________________________________________

DEPARTMENT OF TRANSPORTATION

BY: ______________________________________
(STATE HIGHWAY ADMINISTRATOR)

DATE: ___________________________________

APPROVED BY BOARD OF TRANSPORTATION ITEM O: _________________________(Date)

Agreement ID # 1917 19

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TOWN OF GARNER

MEMORANDUM
To: Hardin Watkins
Town Manager

From: Lin Jones


Finance Director

Date: December 1, 2010

Subject: Budget Amendment

1. Provide funding for construction of sidewalk on Don Miller Drive


($97,500). The project will be funded 80% by a Surface
Transportation Program - Direct Apportionment (STP-DA) grant paid
through the Department of Transportation ($78,000) and 20% by the
Town ($19,500). The Town’s portion of this project will be funded
by Appropriated Fund Balance. Funding from Fund Balance will comply
with the Fiscal Policy Guidelines since it is funding for a capital
project.

CURRENT AMENDED NET CHANGE


GENERAL FUND

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

Line items for this amendment are as follows:

Public Works
10561000-537220 Sidewalk Construction +97,500

Page 54
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25 of 25

ORDINANCE NO. (2010) 3604

ORDINANCE AMENDING ORDINANCE NO. (2010) 3586


WHICH ESTABLISHED THE 2010 - 2011 OPERATING BUDGET

BE IT ORDAINED by the Town Council of the Town of Garner, North Carolina:

Section One. That the GENERAL FUND be amended as follows:

CURRENT AMENDED NET CHANGE


GENERAL FUND

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

Section Four. Copies of this ordinance shall be furnished to the


Finance Director and the Town Clerk for their direction in the disbursement
of the Town's funds and for public inspection.

Duly adopted this 6th day of December, 2010.

_______________________________
Mayor Ronnie S. Williams

ATTEST: _______________________
Town Clerk

Line items for this amendment are as follows:

Public Works
10561000-537220 Sidewalk Construction +97,500

Page 55
Item I-2
1 of 10

TOWN OF GARNER

MEMORANDUM
To: Hardin Watkins
Town Manager

From: Lin Jones


Finance Director

Date: December 1, 2010

Subject: Adoption of Fiscal Policy Guidelines

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.

The adoption of these policies will:

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.

3. Promote long-term financial stability by establishing clear and consistent


guidelines.

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.

The Town is currently in compliance with the recommended guidelines. While we


have followed these in the past, I recommend formal adoption of the attached guidelines.

Please let me know if you have questions.

Page 56
Item I-2
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Fiscal Policy Guidelines

Town of Garner,
North Carolina

Page 57
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FISCAL POLICY GUIDELINES


Town of Garner, North Carolina

Adopted: __________________

TABLE OF CONTENTS

Page

Objectives 3

Capital Improvement Budget Policies 4

Debt Policies 5

Reserve Policies 6

Budget Development Policies 7

Cash Management and Investment Policies 8

Page 58
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FISCAL POLICY GUIDELINES


Town of Garner, North Carolina

FISCAL POLICY GUIDELINES - OBJECTIVES

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:

• Contributes significantly to the Town's ability to insulate itself from


fiscal crisis,

Enhances short term and long term financial credit ability by helping to
• 
achieve the highest credit and bond ratings possible,

Promotes long-term financial stability by establishing clear and


• 
consistent guidelines,

Directs attention to the total financial picture of the Town rather than
• 
single issue areas,

Promotes the view of linking long-run financial planning with day to


• day operations, and

Provides 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.

To these ends, the following fiscal policy statements are presented.

Page 59
Item I-2
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FISCAL POLICY GUIDELINES


Town of Garner, North Carolina

CAPITAL IMPROVEMENT BUDGET POLICIES

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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FISCAL POLICY GUIDELINES


Town of Garner, North Carolina

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.

Tax Supported Debt

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.

FISCAL POLICY GUIDELINES


Town of Garner, North Carolina

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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FISCAL POLICY GUIDELINES


Town of Garner, North Carolina

BUDGET DEVELOPMENT POLICIES

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.

5. Budget amendments will be brought to Town Council for consideration as needed.

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FISCAL POLICY GUIDELINES


Town of Garner, North Carolina

CASH MANAGEMENT AND INVESTMENT POLICIES

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.

5. Custody: All investments will be purchased “payment-versus-delivery” and if certificated


will be held by the Finance Officer in the name of the Town. All non-certificated
investment will be held in book-entry form in the name of the Town with the Town’s
third party Custodian (Safekeeping Agent).

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.

7. Diversification: No more than 5% of the Town’s investment funds may be invested in a


specific company’s commercial paper and no more than 20% of the Town’s investment
funds may be invested in commercial paper. No more than 25% of the Town’s

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investments may be invested in any one US Agency’s Securities.

8. Allocation: Investment income will be allocated to each participating fund or account


based on a fair and equitable formula determined by the Finance Director.

9. Reporting: The Town Council will receive an investment report at the end of each month
showing current investment holdings.

Page 65
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Permits Issued From 11/01/2010 To 11/30/2010


Commercial Total Permits 9 Total Cost $137,745.00
Permit #: 2100803 Inside Town Linits Yes

Issue date: 11/5/2010 Census tract: PIN#: 1711-12-9982

Lot#: Subdivision: N/A Total cost: $6,000.00

PropAddress: 216 FOREST HILLS DRIVE

Owner's YORK PROPERTIES Owner's Phone: 919-821-1350

Contractor Contractor's Phone:


Type of Improvement: Mechanical Proposed Use MECHANICAL REPLACEME

Permit #: 2100808 Inside Town Linits Yes

Issue date: 11/4/2010 Census tract: PIN#: 1701-58-8959

Lot#: Subdivision: N/A Total cost: $3,000.00

PropAddress: 1540 MECHANICAL BLVD

Owner's LIVING WORD FAMILY CHURCH Owner's Phone: 919-570-2007

Contractor Contractor's Phone:


Type of Improvement: Electrical Proposed Use CHURCH/RELIGIOUS

Permit #: 2100818 Inside Town Linits Yes

Issue date: 11/15/2010 Census tract: PIN#:

Lot#: Subdivision: N/A Total cost: $100.00

PropAddress: 1447 GARNER STATION BLVD.

Owner's BPG MANAGEMENT CO. Owner's Phone: 919-872-9197

Contractor Contractor's Phone:


Type of Improvement: Electrical Proposed Use COMMERCIAL SIGN

Permit #: 2100820 Inside Town Linits Yes

Issue date: 11/10/2010 Census tract: PIN#:

Lot#: Subdivision: N/A Total cost: $7,475.00

PropAddress: 1406 MECHANICAL BLVD.

Owner's PROGRESS ENERGY Owner's Phone:


Contractor Contractor's Phone:
Type of Improvement: Mechanical Proposed Use MECHANICAL REPLACEME

Page 66
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Permits Issued From 11/01/2010 To 11/30/2010


Commercial Total Permits 9 Total Cost $137,745.00
Permit #: 2100821 Inside Town Linits Yes

Issue date: 11/10/2010 Census tract: PIN#:

Lot#: Subdivision: N/A Total cost: $1,000.00

PropAddress: 125 SOMMERVILLE PARK DR

Owner's SAFETY KLEEN Owner's Phone: 919-772-6622

Contractor Contractor's Phone:


Type of Improvement: Electrical Proposed Use BUSINESS/OFFICE

Permit #: 2100827 Inside Town Linits No

Issue date: 11/15/2010 Census tract: PIN#:

Lot#: Subdivision: INDIAN CREEK Total cost: $20,000.00

PropAddress: 1213 ONANDAGA DRIVE

Owner's CITY OF RALEIGH Owner's Phone: 919-831-6071

Contractor Contractor's Phone:


Type of Improvement: Electrical Proposed Use PUMP STATION

Permit #: 2100833 Inside Town Linits Yes

Issue date: 11/17/2010 Census tract: PIN#: 1711-23-1406

Lot#: Subdivision: N/A Total cost: $76,000.00

PropAddress: 1350 FIFTH AVENUE, STE. 200

Owner's FLYING TIGER MARTIAL ARTS Owner's Phone: 919-610-0931

Contractor CENTRE CONSTRUCTION GROUP, INC. Contractor's Phone: 919-821-8080


Type of Improvement: Alteration Proposed Use BUSINESS/OFFICE

Permit #: 2100843 Inside Town Linits Yes

Issue date: 11/23/2010 Census tract: PIN#: 1701-59-6360

Lot#: Subdivision: N/A Total cost: $23,970.00

PropAddress: 1542 MECHANICAL BLVD

Owner's KATU CORP. Owner's Phone: 919-779-4113

Contractor Contractor's Phone:


Type of Improvement: Mechanical Proposed Use MECHANICAL REPLACEME

Page 67
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Permits Issued From 11/01/2010 To 11/30/2010


Commercial Total Permits 9 Total Cost $137,745.00
Permit #: 2100852 Inside Town Linits Yes

Issue date: 11/30/2010 Census tract: PIN#:

Lot#: Subdivision: N/A Total cost: $200.00

PropAddress: 805 US HIGHWAY 70 WEST

Owner's SHERMAN YEARGAN Owner's Phone: 919-622-3935

Contractor Contractor's Phone:


Type of Improvement: Electrical Proposed Use MERCANTILE/RETAIL

Permit #: 2100806 Inside Town Linits Yes

Issue date: 11/3/2010 Census tract: PIN#:

Lot#: Subdivision: N/A Total cost: $4,000.00

PropAddress: 602 MAXWELL DRIVE

Owner's MARVIN WHITFIELD Owner's Phone: 919-231-3338

Contractor Contractor's Phone:


Type of Improvement: Mechanical Proposed Use MECHANICAL REPLACEME

Page 68
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Permits Issued From 11/01/2010 To 11/30/2010


Residential Total Permits 55 Total Cost $1,040,989.00
Permit #: 2100743 Inside Town Linits Yes

Issue date: 11/1/2010 Census tract: PIN#: 1710-52-3989

Lot#: 180 Subdivision: VAN STORY HILLS Total cost: $5,950.00

PropAddress: 104 BELCROSS COURT

Owner's HENRY EDMONDS Owner's Phone: 919-772-6786

Contractor Contractor's Phone:


Type of Improvement: Mechanical Proposed Use MECHANICAL REPLACEME

Permit #: 2100759 Inside Town Linits Yes

Issue date: 11/4/2010 Census tract: PIN#: 0699-97-6916

Lot#: 715 Subdivision: EAGLE RIDGE Total cost: $12,500.00

PropAddress: 209 MEDIATE DRIVE

Owner's ROBERT ADAMS Owner's Phone: 919-662-7736

Contractor BLUE SKY SERVICES, INC Contractor's Phone: 919-743-0030


Type of Improvement: Alteration Proposed Use SINGLE FAMILY DWELLIN

Permit #: 2100762 Inside Town Linits No

Issue date: 11/22/2010 Census tract: PIN#: 1618-08-5165

Lot#: Subdivision: N/A Total cost: $225,000.00

PropAddress: 130 BRITT VALLEY ROAD

Owner's RON CROSS Owner's Phone: 919-609-0449

Contractor DAVID CARROLL HOMES Contractor's Phone: 919-669-7999


Type of Improvement: New Building Proposed Use SINGLE FAMILY DWELLIN

Permit #: 2100790 Inside Town Linits Yes

Issue date: 11/1/2010 Census tract: PIN#: 1712-30-5755

Lot#: 34 Subdivision: CLOVERDALE Total cost: $7,200.00

PropAddress: 3725 RANDELL ROAD

Owner's BARRY ALAN & SARA ANNE OLSEN Owner's Phone: 919-946-7885

Contractor Contractor's Phone:


Type of Improvement: Mechanical Proposed Use MECHANICAL REPLACEME

Page 69
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Permits Issued From 11/01/2010 To 11/30/2010


Residential Total Permits 55 Total Cost $1,040,989.00
Permit #: 2100791 Inside Town Linits No

Issue date: 11/1/2010 Census tract: PIN#: 1712-91-8322

Lot#: Subdivision: GATEWOOD Total cost: $350.00

PropAddress: 105 HUNTING COURT

Owner's DONNIE MCCULLERS Owner's Phone: 919-832-0740

Contractor Contractor's Phone:


Type of Improvement: Electrical Proposed Use SINGLE FAMILY DWELLIN

Permit #: 2100792 Inside Town Linits Yes

Issue date: 11/1/2010 Census tract: PIN#:

Lot#: Subdivision: N/A Total cost: $6,874.00

PropAddress: 1645 HALL BLVD

Owner's BARBARA DELMONT Owner's Phone: 919-329-8214

Contractor Contractor's Phone:


Type of Improvement: Mechanical Proposed Use MECHANICAL REPLACEME

Permit #: 2100793 Inside Town Linits Yes

Issue date: 11/1/2010 Census tract: PIN#: 0699-67-4569

Lot#: 144 Subdivision: EAGLE RIDGE Total cost: $15,000.00

PropAddress: 213 MICKLESON RIDGE DRIVE

Owner's JULIE DOMINGUEZ Owner's Phone: 919-610-9169

Contractor AFFORDABLE REMODELING SOLUTIONS Contractor's Phone: 919-607-5467

Type of Improvement: Addition Proposed Use SCREENED PORCH

Permit #: 2100794 Inside Town Linits Yes

Issue date: 11/1/2010 Census tract: PIN#:

Lot#: Subdivision: HEATHER HILLS Total cost: $4,800.00

PropAddress: 201 BRIMS WAY

Owner's TROY ELLIS Owner's Phone: 919-632-1532

Contractor Contractor's Phone:


Type of Improvement: Mechanical Proposed Use MECHANICAL REPLACEME

Page 70
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Permits Issued From 11/01/2010 To 11/30/2010


Residential Total Permits 55 Total Cost $1,040,989.00
Permit #: 2100795 Inside Town Linits Yes

Issue date: 11/1/2010 Census tract: PIN#:

Lot#: Subdivision: N/A Total cost: $6,100.00

PropAddress: 206 PENNY ST

Owner's JEFF BEHRINGER Owner's Phone: 919-219-5381

Contractor Contractor's Phone:


Type of Improvement: Mechanical Proposed Use MECHANICAL REPLACEME

Permit #: 2100796 Inside Town Linits Yes

Issue date: 11/1/2010 Census tract: PIN#:

Lot#: Subdivision: N/A Total cost: $5,320.00

PropAddress: 1301 KELLY ROAD

Owner's WILLIAM & SHIRLEY FIELDS Owner's Phone: 919-772-3440

Contractor Contractor's Phone:


Type of Improvement: Mechanical Proposed Use MECHANICAL REPLACEME

Permit #: 2100797 Inside Town Linits Yes

Issue date: 11/2/2010 Census tract: PIN#:

Lot#: Subdivision: BROWNSTONE VILLAGE Total cost: $6,912.00

PropAddress: 1520 BURCHCREST DR

Owner's LEITH BRITT Owner's Phone: 919-773-5782

Contractor Contractor's Phone:


Type of Improvement: Mechanical Proposed Use MECHANICAL REPLACEME

Permit #: 2100798 Inside Town Linits Yes

Issue date: 11/15/2010 Census tract: PIN#: 1710-42-2881

Lot#: 73 Subdivision: VILLAGE AT AVERSBORO Total cost: $230,000.00

PropAddress: 485 EASY WIND LANE

Owner's EDMONDSON & ASSOC. Owner's Phone: 919-851-0231

Contractor EDMONDSON & ASSOCIATES, LLC Contractor's Phone: 919-851-0231


Type of Improvement: New Building Proposed Use SINGLE FAMILY DWELLIN

Page 71
Item K-2
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Permits Issued From 11/01/2010 To 11/30/2010


Residential Total Permits 55 Total Cost $1,040,989.00
Permit #: 2100799 Inside Town Linits Yes

Issue date: 11/5/2010 Census tract: PIN#: 0699-78-1462

Lot#: 441 Subdivision: EAGLE RIDGE Total cost: $182,872.00

PropAddress: 400 CHALLENGE ROAD

Owner's K. HOVNANIAN HOMES Owner's Phone: 919-462-0070

Contractor K. HOVNANIAN HOMES Contractor's Phone: 919-462-0070


Type of Improvement: New Building Proposed Use SINGLE FAMILY DWELLIN

Permit #: 2100800 Inside Town Linits Yes

Issue date: 11/2/2010 Census tract: PIN#:

Lot#: Subdivision: FOREST HILLS Total cost: $4,650.00

PropAddress: 1206 HIGHLAND DRIVE

Owner's JIM BROOKS Owner's Phone: 919-712-2317

Contractor Contractor's Phone:


Type of Improvement: Mechanical Proposed Use MECHANICAL REPLACEME

Permit #: 2100801 Inside Town Linits Yes

Issue date: 11/5/2010 Census tract: PIN#: 0699-68-9381

Lot#: 439 Subdivision: EAGLE RIDGE Total cost: $151,039.00

PropAddress: 403 CHALLENGE ROAD

Owner's K. HOVNANIAN HOMES Owner's Phone: 919-462-0070

Contractor K. HOVNANIAN HOMES Contractor's Phone: 919-462-0070


Type of Improvement: New Building Proposed Use SINGLE FAMILY DWELLIN

Permit #: 2100802 Inside Town Linits Yes

Issue date: 11/4/2010 Census tract: PIN#: 1711-21-9358

Lot#: 8 Subdivision: FOREST HILLS Total cost: $5,835.00

PropAddress: 902 VANDORA AVENUE

Owner's HUBERT & RUTH YATES Owner's Phone: 919-779-1013

Contractor Contractor's Phone:


Type of Improvement: Mechanical Proposed Use MECHANICAL REPLACEME

Page 72
Item K-2
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Permits Issued From 11/01/2010 To 11/30/2010


Residential Total Permits 55 Total Cost $1,040,989.00
Permit #: 2100804 Inside Town Linits Yes

Issue date: 11/2/2010 Census tract: PIN#:

Lot#: Subdivision: STAUNTON MEADOWS Total cost: $4,390.00

PropAddress: 112 STEFI COURT

Owner's KRISTIE DILLMAN Owner's Phone: 919-662-8745

Contractor Contractor's Phone:


Type of Improvement: Mechanical Proposed Use MECHANICAL REPLACEME

Permit #: 2100805 Inside Town Linits Yes

Issue date: 11/3/2010 Census tract: PIN#:

Lot#: Subdivision: HEATHER WOODS Total cost: $13,300.00

PropAddress: 853 HADRIAN DRIVE

Owner's BYRON & REGINA WADE Owner's Phone: 919-662-7528

Contractor Contractor's Phone:


Type of Improvement: Mechanical Proposed Use MECHANICAL REPLACEME

Permit #: 2100807 Inside Town Linits Yes

Issue date: 11/3/2010 Census tract: PIN#:

Lot#: Subdivision: HEATHER WOODS Total cost: $5,150.00

PropAddress: 856 HADRIAN DRIVE

Owner's DON HAIRE Owner's Phone: 919-772-0366

Contractor Contractor's Phone:


Type of Improvement: Mechanical Proposed Use MECHANICAL REPLACEME

Permit #: 2100809 Inside Town Linits Yes

Issue date: 11/4/2010 Census tract: PIN#: 1711-56-4824

Lot#: 86 Subdivision: AVERY PARK Total cost: $5,500.00

PropAddress: 213 CREEKCHANNEL COURT

Owner's GUY RUSSELL Owner's Phone: 919-661-7522

Contractor Contractor's Phone:


Type of Improvement: Mechanical Proposed Use MECHANICAL REPLACEME

Page 73
Item K-2
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Permits Issued From 11/01/2010 To 11/30/2010


Residential Total Permits 55 Total Cost $1,040,989.00
Permit #: 2100810 Inside Town Linits Yes

Issue date: 11/8/2010 Census tract: PIN#:

Lot#: Subdivision: N/A Total cost: $75.00

PropAddress: 111 CARROLL DRIVE

Owner's JOHN SANDERS Owner's Phone:


Contractor Contractor's Phone:
Type of Improvement: Electrical Proposed Use SINGLE FAMILY DWELLIN

Permit #: 2100811 Inside Town Linits No

Issue date: 11/30/2010 Census tract: PIN#: 1730-51-6783

Lot#: Subdivision: CAMELOT Total cost: $3,500.00

PropAddress: 301 LANE OF SIR KAY

Owner's JUPITER INVESTMENTS Owner's Phone: 919-633-0670

Contractor OWNER Contractor's Phone:


Type of Improvement: Alteration Proposed Use SINGLE FAMILY DWELLIN

Permit #: 2100812 Inside Town Linits No

Issue date: 11/8/2010 Census tract: PIN#:

Lot#: Subdivision: N/A Total cost: $4,000.00

PropAddress: 2532 WALL STORE ROAD

Owner's GLORIA LEAK Owner's Phone: 919-662-1828

Contractor Contractor's Phone:


Type of Improvement: Mechanical Proposed Use MECHANICAL REPLACEME

Permit #: 2100813 Inside Town Linits Yes

Issue date: 11/8/2010 Census tract: PIN#:

Lot#: Subdivision: LYNNSHIRE Total cost: $5,150.00

PropAddress: 208 CHILLINGHAM ROAD

Owner's WENDY CASEY Owner's Phone: 919-661-2461

Contractor Contractor's Phone:


Type of Improvement: Mechanical Proposed Use MECHANICAL REPLACEME

Page 74
Item K-2
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Permits Issued From 11/01/2010 To 11/30/2010


Residential Total Permits 55 Total Cost $1,040,989.00
Permit #: 2100814 Inside Town Linits Yes

Issue date: 11/9/2010 Census tract: PIN#:

Lot#: Subdivision: ARBOR GREENE Total cost: $5,700.00

PropAddress: 209 CHILLINGHAM

Owner's MITCH HOLLOWAY Owner's Phone: 906-5599

Contractor Contractor's Phone:


Type of Improvement: Mechanical Proposed Use MECHANICAL REPLACEME

Permit #: 2100815 Inside Town Linits Yes

Issue date: 11/9/2010 Census tract: PIN#:

Lot#: Subdivision: N/A Total cost: $1,950.00

PropAddress: 700 WAKELAND DRIVE

Owner's PATRICIA BOYETTE Owner's Phone: 919-427-2495

Contractor Contractor's Phone:


Type of Improvement: Mechanical Proposed Use MECHANICAL REPLACEME

Permit #: 2100816 Inside Town Linits Yes

Issue date: 11/9/2010 Census tract: PIN#:

Lot#: Subdivision: HEATHER WOODS Total cost: $5,000.00

PropAddress: 872 HADRIAN DRIVE

Owner's DRAKE WRIGHT Owner's Phone: 919-345-8325

Contractor Contractor's Phone:


Type of Improvement: Mechanical Proposed Use MECHANICAL REPLACEME

Permit #: 2100817 Inside Town Linits Yes

Issue date: 11/9/2010 Census tract: PIN#:

Lot#: Subdivision: N/A Total cost: $6,145.00

PropAddress: 201 ROLLING RIDGE CIRCLE

Owner's BETTY YANCY Owner's Phone: 919-772-1098

Contractor Contractor's Phone:


Type of Improvement: Mechanical Proposed Use MECHANICAL REPLACEME

Page 75
Item K-2
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Permits Issued From 11/01/2010 To 11/30/2010


Residential Total Permits 55 Total Cost $1,040,989.00
Permit #: 2100819 Inside Town Linits Yes

Issue date: 11/10/2010 Census tract: PIN#: 1700-61-6088

Lot#: 60 Subdivision: LAKEMOOR Total cost: $6,000.00

PropAddress: 2204 CUSHENDUN LANE

Owner's DAN DEVANE Owner's Phone: 919-624-1812

Contractor Contractor's Phone:


Type of Improvement: Mechanical Proposed Use MECHANICAL REPLACEME

Permit #: 2100822 Inside Town Linits Yes

Issue date: 11/12/2010 Census tract: PIN#:

Lot#: Subdivision: FOREST HILLS Total cost: $4,500.00

PropAddress: 1009 BARBARA DRIVE

Owner's NAOMI COX Owner's Phone: 919-772-1693

Contractor Contractor's Phone:


Type of Improvement: Mechanical Proposed Use MECHANICAL REPLACEME

Permit #: 2100823 Inside Town Linits Yes

Issue date: 11/12/2010 Census tract: PIN#: 1711-71-0810

Lot#: Subdivision: N/A Total cost: $800.00

PropAddress: 200 RAND MILL ROAD

Owner's BRENT JOHNSON Owner's Phone: 704-678-7650

Contractor OWNER Contractor's Phone:


Type of Improvement: Alteration Proposed Use PORCH

Permit #: 2100824 Inside Town Linits Yes

Issue date: 11/12/2010 Census tract: PIN#:

Lot#: Subdivision: SOUTHVIEW Total cost: $6,186.00

PropAddress: 104 BLACKTHORNE PLACE

Owner's ELAINE KRETSCHMANN Owner's Phone: 919-302-7141

Contractor Contractor's Phone:


Type of Improvement: Mechanical Proposed Use MECHANICAL REPLACEME

Page 76
Item K-2
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Permits Issued From 11/01/2010 To 11/30/2010


Residential Total Permits 55 Total Cost $1,040,989.00
Permit #: 2100825 Inside Town Linits Yes

Issue date: 11/12/2010 Census tract: PIN#:

Lot#: Subdivision: N/A Total cost: $3,850.00

PropAddress: 119 TOWNVIEW TRAIL

Owner's DOROTHY NIXON Owner's Phone: 919-662-5147

Contractor Contractor's Phone:


Type of Improvement: Mechanical Proposed Use MECHANICAL REPLACEME

Permit #: 2100826 Inside Town Linits No

Issue date: 11/12/2010 Census tract: PIN#:

Lot#: Subdivision: N/A Total cost: $2,870.00

PropAddress: 600 LAKEVIEW DRIVE

Owner's LEILA JABBAR Owner's Phone: 919-818-9600

Contractor Contractor's Phone:


Type of Improvement: Mechanical Proposed Use SINGLE FAMILY DWELLIN

Permit #: 2100828 Inside Town Linits Yes

Issue date: 11/15/2010 Census tract: PIN#:

Lot#: Subdivision: N/A Total cost: $366.00

PropAddress: 306 COACHMAN DRIVE

Owner's CHARLIE HORTON Owner's Phone: 919-722-7250

Contractor Contractor's Phone:


Type of Improvement: Mechanical Proposed Use GAS FUEL LINE

Permit #: 2100829 Inside Town Linits Yes

Issue date: 11/16/2010 Census tract: PIN#: 1701-92-3864

Lot#: Subdivision: N/A Total cost: $5,427.00

PropAddress: 1002 SPRINGVIEW TRAIL

Owner's GEORGE HANSEN Owner's Phone: 919-553-5345

Contractor Contractor's Phone:


Type of Improvement: Mechanical Proposed Use MECHANICAL REPLACEME

Page 77
Item K-2
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Permits Issued From 11/01/2010 To 11/30/2010


Residential Total Permits 55 Total Cost $1,040,989.00
Permit #: 2100830 Inside Town Linits Yes

Issue date: 11/16/2010 Census tract: PIN#:

Lot#: Subdivision: N/A Total cost: $300.00

PropAddress: 105 CREECH ROAD

Owner's CHARLES JOHNSON Owner's Phone: 919-337-8391

Contractor Contractor's Phone:


Type of Improvement: Mechanical Proposed Use MECHANICAL REPLACEME

Permit #: 2100831 Inside Town Linits Yes

Issue date: 11/16/2010 Census tract: PIN#:

Lot#: Subdivision: N/A Total cost: $7,000.00

PropAddress: 525 PINE AVE

Owner's DAVID GEORGE Owner's Phone: 919-609-8807

Contractor Contractor's Phone:


Type of Improvement: Mechanical Proposed Use MECHANICAL REPLACEME

Permit #: 2100832 Inside Town Linits Yes

Issue date: 11/17/2010 Census tract: PIN#: 1711-52-4928

Lot#: Subdivision: N/A Total cost: $5,400.00

PropAddress: 419 WEST MAIN STREET

Owner's DONALD ROSE Owner's Phone: 919-772-7374

Contractor Contractor's Phone:


Type of Improvement: Mechanical Proposed Use MECHANICAL REPLACEME

Permit #: 2100834 Inside Town Linits Yes

Issue date: 11/18/2010 Census tract: PIN#:

Lot#: Subdivision: FOLEY STATION Total cost: $6,480.00

PropAddress: 1328 STAPLETON DRIVE

Owner's LARRY & VIRGINIA COMPTON Owner's Phone: 919-662-4919

Contractor Contractor's Phone:


Type of Improvement: Mechanical Proposed Use MECHANICAL REPLACEME

Page 78
Item K-2
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Permits Issued From 11/01/2010 To 11/30/2010


Residential Total Permits 55 Total Cost $1,040,989.00
Permit #: 2100835 Inside Town Linits Yes

Issue date: 11/18/2010 Census tract: PIN#:

Lot#: Subdivision: HUNTERS MARK Total cost: $6,000.00

PropAddress: 100 NORRISTOWN PLACE

Owner's MARK & DIANA MITCHELL Owner's Phone: 919-772-7484

Contractor Contractor's Phone:


Type of Improvement: Mechanical Proposed Use MECHANICAL REPLACEME

Permit #: 2100836 Inside Town Linits No

Issue date: 11/19/2010 Census tract: PIN#: 1710-87-6274

Lot#: Subdivision: N/A Total cost: $7,109.00

PropAddress: 700 WAKELAND DRIVE

Owner's PATRICIA BOYETTE Owner's Phone: 919-427-2495

Contractor Contractor's Phone:


Type of Improvement: Mechanical Proposed Use MECHANICAL REPLACEME

Permit #: 2100837 Inside Town Linits No

Issue date: 11/19/2010 Census tract: PIN#:

Lot#: Subdivision: N/A Total cost: $6,153.00

PropAddress: 401 GROVEMONT ROAD

Owner's BRADLEY GEORGE Owner's Phone: 919-661-9065

Contractor Contractor's Phone:


Type of Improvement: Mechanical Proposed Use MECHANICAL REPLACEME

Permit #: 2100838 Inside Town Linits Yes

Issue date: 11/22/2010 Census tract: PIN#:

Lot#: Subdivision: GREENBRIER Total cost: $6,000.00

PropAddress: 3700 VESTA DR

Owner's STEVEN LANDAU Owner's Phone:


Contractor Contractor's Phone:
Type of Improvement: Mechanical Proposed Use MECHANICAL REPLACEME

Page 79
Item K-2
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Permits Issued From 11/01/2010 To 11/30/2010


Residential Total Permits 55 Total Cost $1,040,989.00
Permit #: 2100839 Inside Town Linits Yes

Issue date: 11/22/2010 Census tract: PIN#:

Lot#: Subdivision: N/A Total cost: $2,375.00

PropAddress: 1405 KENNON ROAD

Owner's PATRICIA SUTTLE Owner's Phone: 919-413-1505

Contractor Contractor's Phone:


Type of Improvement: Mechanical Proposed Use TANKLESS HOT WATER HE

Permit #: 2100840 Inside Town Linits Yes

Issue date: 11/22/2010 Census tract: PIN#:

Lot#: Subdivision: FOREST HILLS Total cost: $1,900.00

PropAddress: 1201 VANDORA AVE

Owner's RAY SCOTT Owner's Phone: 919-662-1287

Contractor Contractor's Phone:


Type of Improvement: Electrical Proposed Use SINGLE FAMILY DWELLIN

Permit #: 2100841 Inside Town Linits Yes

Issue date: 11/22/2010 Census tract: PIN#:

Lot#: Subdivision: N/A Total cost: $4,000.00

PropAddress: 609 BUTLER DRIVE

Owner's JACKIE STEPHENSON Owner's Phone: 919-772-4585

Contractor Contractor's Phone:


Type of Improvement: Mechanical Proposed Use MECHANICAL REPLACEME

Permit #: 2100842 Inside Town Linits No

Issue date: 11/22/2010 Census tract: PIN#:

Lot#: Subdivision: N/A Total cost: $5,600.00

PropAddress: 105 CREECH ROAD

Owner's CHARLES JOHNSON Owner's Phone: 919-337-8391

Contractor Contractor's Phone:


Type of Improvement: Mechanical Proposed Use MECHANICAL REPLACEME

Page 80
Item K-2
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Permits Issued From 11/01/2010 To 11/30/2010


Residential Total Permits 55 Total Cost $1,040,989.00
Permit #: 2100844 Inside Town Linits Yes

Issue date: 11/24/2010 Census tract: PIN#: 1710-06-2429

Lot#: 23 Subdivision: HEATHER HILLS Total cost: $4,986.00

PropAddress: 105 BINFORD COURT

Owner's Owner's Phone:


Contractor Contractor's Phone:
Type of Improvement: Mechanical Proposed Use MECHANICAL REPLACEME

Permit #: 2100845 Inside Town Linits Yes

Issue date: 11/23/2010 Census tract: PIN#: 1711-45-0310

Lot#: Subdivision: N/A Total cost: $1,600.00

PropAddress: 129 WESTON ROAD

Owner's BILLIE CATLETTE Owner's Phone: 919-779-5499

Contractor OWNER Contractor's Phone:


Type of Improvement: Addition Proposed Use PORCH

Permit #: 2100846 Inside Town Linits Yes

Issue date: 11/24/2010 Census tract: PIN#: 1710-53-1358

Lot#: 81 Subdivision: VAN STORY HILLS Total cost: $3,810.00

PropAddress: 212 HASSELL STREET

Owner's DEBRA CHANDLER Owner's Phone: 919-779-1130

Contractor Contractor's Phone:


Type of Improvement: Mechanical Proposed Use MECHANICAL REPLACEME

Permit #: 2100847 Inside Town Linits No

Issue date: 11/29/2010 Census tract: PIN#:

Lot#: Subdivision: Total cost: $6,000.00

PropAddress: 1508 BUFFALOE RD

Owner's CHARLES M. BOYKIN Owner's Phone:


Contractor Contractor's Phone:
Type of Improvement: Mechanical Proposed Use MECHANICAL REPLACEME

Page 81
Item K-2
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Permits Issued From 11/01/2010 To 11/30/2010


Residential Total Permits 55 Total Cost $1,040,989.00
Permit #: 2100848 Inside Town Linits Yes

Issue date: 11/30/2010 Census tract: PIN#:

Lot#: Subdivision: N/A Total cost: $2,620.00

PropAddress: 109 STONECUTTER CT

Owner's LESLIE SHORT Owner's Phone: 919-225-4748

Contractor Contractor's Phone:


Type of Improvement: Plumbing Proposed Use ELECTRIC HOT WATER HE

Permit #: 2100850 Inside Town Linits Yes

Issue date: 11/30/2010 Census tract: PIN#:

Lot#: Subdivision: N/A Total cost: $2,500.00

PropAddress: 125 WESTON ROAD

Owner's TOMMY TUNSTALL Owner's Phone:


Contractor OWNER Contractor's Phone:
Type of Improvement: Alteration Proposed Use SINGLE FAMILY DWELLIN

Permit #: 2100851 Inside Town Linits Yes

Issue date: 11/30/2010 Census tract: PIN#:

Lot#: Subdivision: N/A Total cost: $895.00

PropAddress: 5905 COLONIAL DRIVE

Owner's WALTER McCLAMB Owner's Phone: 919-772-6900

Contractor Contractor's Phone:


Type of Improvement: Electrical Proposed Use CHANGE OF SERVICE

Total Number of Permits on Repor 65


Total Construction Value $1,182,734.00

Page 82
Item K-3
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TOWN of GARNER PERSONNEL REPORT - November 2010


Turnover Rate 2009 - 4.5%

New Employees Name Department Position Title Hire Date


Full-time or Chad Creech Public Works Street Maintenance Worker 11/22/2010
Part-time

Separated Employees Name Department Position Title Hire Date Separation Date New Employer
Full-time or
Part-time

Page 83
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Page 84
Item K-4
2 of 5

Page 85
Item K-4
3 of 5

Page 86
Item K-4
4 of 5

Page 87
Item K-4
5 of 5

Page 88
Item K-5
SIGN ENFORCEMENT YEAR‐TO‐DATE TOTALS 1 of 8

2009 ‐ Year to Date Totals 2010 ‐ Year to Date Totals
Banner 67 Banner 63

Business 464 Business 494

Other 95 Other 89

Political 129 Political 122

Real Estate 307 Real Estate 271

Yard/Garage Sale 657 Yard/Garage Sale 659

Total Signs Violations 1719 Total Signs Violations 1698

Total Removed 1546 Total Removed 1533

Total Notices 84 Total Notices 137

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

July 2010 August 2010 September 2010 October 2010 November 2010

Banner 10 Banner 4 Banner 4 Banner 6 Banner 8

Business 54 Business 60 Business 45 Business 35 Business 32

Other 1 Other 6 Other 18 Other 8 Other 4

Political 0 Political 1 Political 10 Political 85 Political 0

Real Estate 16 Real Estate 31 Real Estate 7 Real Estate 35 Real Estate 12

Yard/Garage Sale 25 Yard/Garage Sale 109 Yard/Garage Sale 93 Yard/Garage Sale 62 Yard/Garage Sale 45

Total Signs  Total Signs  Total Signs  Total Signs  Total Signs 


Violations 106 Violations 211 Violations 177 Violations 231 Violations 101

Total Removed 80 Total Removed 204 Total Removed 172 Total Removed 223 Total Removed 76

Total Notices 28 Total Notices 7 Total Notices 5 Total Notices 7 Total Notices 25

January 2010 February 2010 March 2010 April 2010 May 2010 June 2010

Banner 10 Banner 2 Banner 5 Banner 5 Banner 2 Banner 7

Business 42 Business 26 Business 55 Business 58 Business 20 Business 67

Other 0 Other 2 Other 11 Other 8 Other 30 Other 1

Political 0 Political 0 Political 0 Political 25 Political 0 Political 1

Real Estate 32 Real Estate 46 Real Estate 25 Real Estate 31 Real Estate 15 Real Estate 21

Yard/Garage Sale 5 Yard/Garage Sale 8 Yard/Garage Sale 42 Yard/Garage Sale 105 Yard/Garage Sale 58 Yard/Garage Sale 107

Total Signs  Total Signs  Total Signs  Total Signs  Total Signs  Total Signs 


Violations 89 Violations 84 Violations 138 Violations 232 Violations 125 Violations 204

Total Removed 43 Total Removed 77 Total Removed 133 Total Removed 220 Total Removed 116 Total Removed 189

Total Notices 22 Total Notices 5 Total Notices 5 Total Notices 12 Total Notices 7 Total Notices 14

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

December 2009 November 2009 October 2009 September 2009 August 2009 July 2009

Banner 2 Banner 1 Banner 1 Banner 6 Banner 5 Banner 3


Business 86 Business 53 Business 15 Business 8 Business 48 Business 20
Other 5 Other 21 Other 1 Other 0 Other 3 Other 3
Political 2 Political 20 Political 90 Political 17 Political 0 Political 0
Real Estate 7 Real Estate 50 Real Estate 22 Real Estate 8 Real Estate 20 Real Estate 4

Yard/Garage Sale 13 Yard/Garage Sale 58 Yard/Garage Sale 66 Yard/Garage Sale 27 Yard/Garage Sale 81 Yard/Garage Sale 48

Total Signs  Total Signs  Total Signs  Total Signs  Total Signs  Total Signs 


Violations 115 Violations 203 Violations 195 Violations 66 Violations 157 Violations 78

Total Removed 26 Total Removed 203 Total Removed 190 Total Removed 63 Total Removed 151 Total Removed 75

Total Notices 16 Total Notices 0 Total Notices 2 Total Notices 3 Total Notices 6 Total Notices 1

June 2009 May 2009 April 2009 March 2009 February 2009 January 2009


Banner 13 Banner 8 Banner 6 Banner 12 Banner 0 Banner 10
Business 43 Business 22 Business 56 Business 44 Business 27 Business 42
Other 0 Other 8 Other 25 Other 13 Other 11 Other 5
Political 0 Political 0 Political 0 Political 0 Political 0 Political 0
Real Estate 36 Real Estate 35 Real Estate 11 Real Estate 31 Real Estate 11 Real Estate 72

Yard/Garage Sale 154 Yard/Garage Sale 82 Yard/Garage Sale 78 Yard/Garage Sale 29 Yard/Garage Sale 7 Yard/Garage Sale 14

Total Signs  Total Signs  Total Signs  Total Signs  Total Signs  Total Signs 


Violations 246 Violations 155 Violations 176 Violations 129 Violations 56 Violations 143

Total Removed 233 Total Removed 143 Total Removed 161 Total Removed 118 Total Removed 56 Total Removed 127

Total Notices 13 Total Notices 9 Total Notices 7 Total Notices 11 Total Notices 0 Total Notices 16

Page
Page 2 of91
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

December 2008 November 2008 2008 TOTALS

Banner 17 Banner 57 Banner 74

Business 89 Business 180 Business 269

Other 38 Other 33 Other 71

Political 0 Political 194 Political 194

Real Estate 36 Real Estate 48 Real Estate 84

Yard/Garage Sale 8 Yard/Garage Sale 24 Yard/Garage Sale 32

Total Signs  Total Signs  Total Signs 


Violations 188 Violations 536 Violations 724

Total Removed 158 Total Removed 447 Total Removed 605

Total Notices 30 Total Notices 89 Total Notices 119

Page
Page 3 of92
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

Banner # of Signs 8 Notices 7 Removed 0

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
Page
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

11/10/2010 Mechanic 24 Years Old Stage & Green Pine 1 Business Prohibited Removed 11/10/2010


11/10/2010 Make Money White Oak Crossing 1 Business Prohibited Removed 11/10/2010
11/10/2010 PC Specialty Peachtree 1 Business Prohibited Removed 11/10/2010
11/20/2010 Junk Cars New Rand & US 70 1 Business Prohibited Removed 11/20/2010
11/20/2010 K‐Mart Fayetteville Rd 1 Business Prohibited Removed 11/20/2010
11/20/2010 Salon Runway Gateway Village 2 Business Prohibited Removed 11/20/2010
11/22/2010 Junk Cars Hwy 70 2 Business Prohibited Removed 11/22/2010
Vandora Springs Rd & 
11/22/2010 Stoneworks Old Stage Rd 2 Business Prohibited Removed 11/22/2010 Sandwich Board 
11/10/2010 Mattress Firm White Oak Crossing 1 Business Right‐of‐way Removed 11/10/2010 sign blocking 

Business # of Signs 32 Notices 18 Removed 15

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

11/1/2010 Fall Festival Aversboro & Oldefield 1 Other Right‐of‐way Removed 11/1/2010

Other # of Signs 4 Notices 0 Removed 4

Enforcement  Contact_Business 
Date Name Location Found Quantity Type of Sign Type of Violation Action Action Date Comments

11/1 /2010 Auction Benson Rd/Atchison 1 Real Estate Off‐premise Removed 11/1/2010


Benson Rd & Arbor 
11/1 /2010 Home for Sale Greene Drive 1 Real Estate Off‐premise Removed 11/1/2010
Yeargan Rd & Garner 
11/1 /2010 Rent to Own Rd 1 Real Estate Off‐premise Removed 11/1/2010
Eagle Ridge Golf 
11/3 /2010 Club Old Stage Rd 2 Real Estate Off‐premise Removed 11/3/2010
Old Stage & Vandora 
11/10/2010 Modular Home Springs 1 Real Estate Off‐premise Removed 11/10/2010
Old Stage & Vandora 
11/10/2010 House for Sale Springs 1 Real Estate Off‐premise Removed 11/10/2010

11/23/2010 New Homes Aversboro Rd/Zinnia Ln 1 Real Estate Off‐premise Removed 11/23/2010

11/23/2010 Auction Benson Rd & Atchison 1 Real Estate Off‐premise Removed 11/23/2010


11/6 /2010 K.  Hovnanian Timber Drive 2 Real Estate Prohibited Removed 11/6/2010
11/6 /2010 For Rent Aversboro Rd 1 Real Estate Prohibited Removed 11/6/2010

Real Estate # of Signs 12 Notices 0 Removed 12

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

Yard Sale # of Signs 45 Notices 0 Removed 45

Grand Totals # of Signs 101 # of Notices 25 # of Removed 76

Page4 of964
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