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02/06/2001 e e e e e CITY OF MONROE CITY COUNCIL MEETING 300 W. Crowell Street, Monroe, NC 28112 February 6, 2001 - 6:30 p.m. 1. Resolution to Honor Retiring City Employee C. W. Snipes CONSENT AGENDA: 2. Minutes of Regular City Council Meeting of January 16, 2001 Minutes of Advisory Recreation Commission Meeting of November 21,2000 Minutes of Board of Adjustment Meeting of December 28, 2000 Minutes of Community Development Committee Meeting of October 18, 2000 Minutes of Environment and Water Resources Committee Meeting of December 5,2000 Minutes of Transportation Committee Meeting of December 14, 2000 Minutes of Tree Board Meeting of November 20,2000 Minutes of Monroe-Union Historic Properties Commission Meeting of January 9, 2001 Minutes of Public Safety Committee Meeting of January 24, 2001 3. Call for Public Hearings to be Held March 6, 2001 A. Proposed Street Closing of Unopened Alley Between Jerome Street and Adams Street B. Text Amendment to Title V, Chapter 55: Solid Waste of the City of Monroe Code of Ordinances 4. Resolution to Accept Offer for Sale of Surplus Property at Walkup Avenue and Seaboard Street REGULAR AGENDA 5. Public Hearings A. Text Amendment to Economic Development Incentive Program B. H Power Corporation - Dual Level II-IV Economic Development Grant C. To Consider Payment of Commission - Corporate Center Property D. Project # 01-130-00001 - Rezoning Request - R-20 (Low/Moderate Density Single-Family Residential) to B-1-SU (Neighborhood Business Special Use) - 16.551 Acres on Old Charlotte Highway Between Carroll Street and Old Towne Drive E. Project # 01-110-00003 - Special Use Permit Request - Request to Add a 900 Square Foot Bookstore, a 2,100 Square Foot Storage Building, and a 10,000 Square Foot Addition to the Existing 10,000 Square Foot Church Building - 16.551 Acres on Old Charlotte Highway Between Carroll Street and Olde Towne Drive F. Project # 01-100-00002 - Conditional Use Permit Request - Request to Convert a Single-Family Residence to a Day Care Center for 20 Children - 402 South Bragg Street G. Project # 01-120-00008 - Zoning Text Change Request - Addition of Libraries as a Permitted Use in the R-O Zoning District (Section 156.041) 173 e e e e 6. Action From Public Hearings A. Resolution to Adopt Change to Economic Development Incentive Program B. Budget Ordinance - H Power Corporation C. Resolution to Award Dual Level II-IV Economic Development Grant - H Power Corporation D. Budget Amendment - To Consider Payment of Commission - Corporate Center Property E. Resolution To Consider Payment of Commission - Corporate Center Property F. Project # 01-130-00001 - Rezoning Request - R-20 (Low/Moderate Density Single-Family Residential) to B-I-SU (Neighborhood Business Special Use) - 16.551 Acres on Old Charlotte Highway Between Carroll Street and Olde Towne Drive G. Proposed Special Use Permit - Project # 01-110-00003 - Request to Add a 900 Square Foot Bookstore, a 2,100 Square Foot Storage Building, and a 10,000 Square Foot Addition to the Existing 10,000 Square Foot Church Building - 16.551 Acres on Old Charlotte Highway Between Carroll Street and Old Towne Drive H. Proposed Conditional Use Permit - Project # 01-100-00002 - Request to Convert a Single- Family Residence to a Day Care Center for 20 Children - 402 South Bragg Street I. Ordinance - Project # 01-120-00008 - Addition of Libraries as a Permitted Use in the R-O Zoning District (Section 156.041) 7. Budget Amendment - Asset Seizure Forfeitures 8. Resolution to Adopt Local Water Supply Plan 9. Monroe Municipal Airport - Approval of Reimbursable Agreement with FF A for Relocation of ASOS Equipment 10. Monroe Municipal Airport Improvement Project A. Capital Budget Ordinance B. Agreement for Design Services Contract 11. Special Assistance Program (Utility Bill Payment Assistance) and Budget Amendment A. Budget Amendment - Electric Fund B. Budget Amendment - Electric Fund C. Budget Amendment - Natural gas Fund D. Approval of Special Assistance Program 12. Other Business A. Red Light Cameras B. Control of Traffic Lights After 6:00 P.M. C. City Council Meeting - April 17, 2001 13. Closed Session - To Consult with City Attorney on Matters Requiring Confidentiality and Personnel 14. Resolution to Open a Portion of Closed Session Minutes e 02-06-01 174 e e e e e CITY OF MONROE CITY COUNCIL MEETING FEBRUARY 6, 2001 - 6:30 p.m. MINUTES The City Council of the City of Monroe, North Carolina, met in Regular Session in the City Hall Council Chambers, 300 W. Crowell Street, Monroe, North Carolina, at 6:30 p.m. on February 6, 2001, with Mayor Judy L. Davis presiding. Present: Mayor Judy L. Davis, Mayor Pro Tern P. E. Bazemore, Councilmembers Billy A. Jordan, Bobby G. Kilgore, Robert J. Smith, City Manager S. Douglas Spell, City Attorney John Milliken, and City Clerk Jeanne M. Deese Absent: Councilmembers Phil Hargett and Lynn Keziah Visitors: Eddie Hall, Jr., Jack Lawson, George Fulwood, Greg Bowman, Cathy Bowman, Paige McClain, Dennis McClain, John Dewboy, Florence Arant Miller, Jeanette S. Sherrod, Sandra Smith, Robert Sherrod, Jr., McClain F. King, Troy Penny, Allen Killough, James Calvin Pope, Ron Fowler, Shirley Leaks, Janice McGee, Barbara McGee, Wanda F. McGee, Avondale Davis, Annie Irving, Bonnie Irving, La Vondra Edwards, Mark Carter, Ken Miller, Kris Miller, Jesse Lee, Shirley Lee, Jill Martin, Crystal Killough, Denise Stegall, Paula Liles, Jim Loyd, Mark Donham, Russ Colbath, Ann Manshack, Ada McGee, Sonia Vizcaino, C. W. Snipes, Terri Smith, and others Mayor Davis called the Regular City Council Meeting of February 6, 2001 to order at 6:30 p.m. A quorum was present. Item No.1. Resolution to Honor Retiring City Employee C. W. Snipes. Councilmember Kilgore moved to adopt Resolution R-2001-1O: 175 e e e e e RESOLUTION OF THE MONROE CITY COUNCIL HONORING CLAUDE WILLIAM (C.W.) SNIPES ON THE OCCASION OF IDS RETIREMENT R-2001-10 WHEREAS, on the occasion of his retirement on January 31, 2001, it is fitting and proper for the City Council to express its sincere appreciation to Claude William Snipes for his loyal and dedicated service in the Water Resources Department for 30 years; and WHEREAS, Claude William Snipes first joined the City of Monroe as a Water System Maintenance Worker on April 13, 1971, and through hard work and dedication advanced to the position of Water Resources Construction Division Manager; and WHEREAS, for 30 years Claude William Snipes has been an exemplary employee of the City of Monroe, working for the betterment of the City, and has been an outstanding example of the caliber of employee necessary to serve Monroe's citizens; and WHEREAS, Claude William Snipes' professionalism, tireless work effort, and devotion to duty has created a "can do" attitude within the Water Resources Department; and WHEREAS, the City of Monroe is most grateful for the professional and personal contributions Claude William Snipes has given to all departments within the City; and WHEREAS, the City Council of the City of Monroe wishes to acknowledge and express its appreciation to him for his years of dedicated and distinguished service to the citizens of Monroe as Water Resources Construction Manager, noting that Claude William Snipes will be missed both professionally and as a friend. NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council publicly express their sincere appreciation for his outstanding performance of duty to the City of Monroe over the past 30 years, and extend very best wishes for a long and happy retirement. BE IT FURTHER RESOLVED that this Resolution be entered upon the permanent Minutes of the City Council. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Monroe to be affixed this the 6th day of February, 2001. Councilmember Smith seconded the motion, which passed unanimously with the following votes: AYES: Councilmembers Jordan, Kilgore, Smith, Mayor Pro Tem Bazemore, and Mayor Davis None NAYS: Mayor Davis recognized Mr. Snipes and presented a framed Resolution which she read for the record. She also presented a gold watch in recognition of his 30 years of service to the City of Monroe, and extended best wishes for his retirement. 176 e e e e e Mr. Snipes thanked Mayor Davis and the City and praised the City Councils and staff he has worked with over the past 30 years as being the best. Mr. Snipes received a standing ovation. CONSENT AGENDA: Mayor Davis reviewed the Consent Agenda and asked if any member of the Council or the public would like to have any items moved from the Consent Agenda to the Regular Agenda for discussion. Written background information was provided in advance in the Council Agenda Packets for each item on the Consent Agenda. No further discussion was held. One motion and vote was taken, which included approval of all items on the Consent Agenda. Item No.2. Minutes of Regular City Council Meeting of January 16. 2001. Councilmember Kilgore moved to approve the Minutes of the Regular City Council Meeting of January 16, 2001. Councilmember Smith seconded the motion, which passed unanimously with the following votes: AYES: Councilmembers Jordan, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: Minutes of the Advisory Recreation Commission Meeting of November 21, 2000, Minutes of the Board of Adjustment Meeting of December 28, 2000, Minutes of the Community Development Committee Meeting of October 18, 2000, Minutes of the Environment and Water Resources Committee Meeting of December 5, 2000, Minutes of the Transportation Committee Meeting of December 14, 2000, Minutes of the Tree Board Meeting of November 20, 2000, Minutes of the Monroe-Union Historic Properties Commission Meeting of January 9, 2001, and Minutes of the Public Safety Committee Meeting of January 24, 2001 were received as information of Council. Item No.3. Call for Public Hearings to be Held March 6.2001. A. Proposed Street Closing of Unopened Alley Between Jerome Street and Adams Street. Councilmember Kilgore moved to adopt Resolution R-2001-15 to call for a public hearing to be held at 6:30 p.m. on March 6, 2001 to consider this request: RESOLUTION OF INTENT TO CLOSE ALL OF AN UNOPENED AND UNNAMED ALLEY BETWEEN JEROME STREET AND ADAMS STREET R-2001-15 THAT WHEREAS, the City of Monroe proposes to permanently close all of an Unopened and Unnamed Alley Between Jerome Street and Adams Street pursuant to Section 299 of Chapter 160A of the General Statutes of North Carolina subject to a reservation of all utility and drainage improvements and easements. 177 e e e . e NOW, THEREFORE, BE IT RESOLVED that the Monroe City Council declares its intent to permanently close all of an Unopened and Unnamed Alley Between Jerome Street and Adams Street described as follows: Beginning at an existing iron rebar on the western right-of-way of Boyte Street and the southern right-of-way of Adams Street, said iron being the northeast corner of Albertha Hearn Toms property recorded in Estate File 96E File 242 (Deed Book 165, Page 428) in the Union County Register of Deeds: thence with the southern right-of-way of Adams Street N 87° 19' 43" W 145.58 feet to an existing PK nail in the pavement of Adams Street, said PK nail being the northwestern corner of the said Albertha Hearn Toms property, and being the TRUE POINT OF BEGINNING: thence with the eastern right-of-way of the unnamed alley and the said Toms property line S 07° 46' 17" W 62.50 feet to an existing iron rebar, the northwest corner of Bessie Knotts Heirs property recorded in Deed Book 75, Page 107 in the Union County Register of Deeds; thence continuing with the eastern right-of-way of said unnamed alley and the said Bessie Knotts Heirs property line S 07° 46' 17" W 7.00 feet to a point on the western line of the said Bessie Knotts Heirs property; thence continuing with the eastern right-of-way of said unnamed alley and the said Bessie Knotts Heirs property and the western line of F. M. Knotts Hillard property recorded in Deed Book 258, Page 107 in the Union County Register of Deeds S 05° 53' 57" W 93.02 feet to an existing iron rebar on the northern right-of-way of Jerome Street; thence crossing said alley and with the right-of-way of Jerome Street N 85° 09' 59" W 10.00 feet to an existing iron rebar on the western right-of-way of said unnamed alley and being the southeast corner of the JMB Construction, Inc. property recorded in Record Book 1449, Page 434 in the Union County Register of Deeds: thence with the western right-of-way of said unnamed alley and the said JMB Construction, Inc. property line N 05° 53' 57" E 93.37 feet to an existing iron rebar; thence continuing with the western right-of-way of said unnamed alley and the Albertha Hearn Toms property recorded in Estate File 96E File 242 (Deed Book 142, Page 181) in the Union County Register of Deeds N 07° 46' 17" E 68.23 feet to an existing PK nail in the pavement of Adams Street; thence crossing to the eastern right-of-way of said unnamed alley N 89° 36' 52" E 10.10 feet the point and place of beginning and containing 1,621 square feet as shown on a survey by Russell Courtney and Associates dated April 3, 2000. The City will reserve its right, title and interest in any utility or drainage improvements or easements within the closed portion of said street. The City Council orders that a public hearing be called on the question at 6:30 p.m., Tuesday, March 6, 2001. The City Clerk is hereby directed: 1. To publish a copy of this resolution in a newspaper authorized to publish legal ads in the City of Monroe as required by statute. 2. To send a copy of this resolution by certified or registered mail to all owners of the property adjoining the street as shown on the tax records. 3. To cause a notice of the closing and public hearing to be prominently posted in at least two places along said street. 4. To mail a copy of this resolution to the Department of Transportation if said street is under the authority and control of the Department of Transportation. Adopted this 6th day of February, 2001. 178 Councilmember Smith seconded the motion, which passed unanimously with the following e votes: e e e e AYES: Councilmembers Jordan, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: B. Text Amendment to Title V. Chapter 55: Solid Waste of the City of Monroe Code of Ordinances. Councilmember Kilgore moved to call for a public hearing to be held March 6, 2001 at 6:30 p.m. to consider this request. Councilmember Smith seconded the motion, which passed unanimously with the following votes: AYES: Councilmembers Jordan, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: Item No.4. Resolution to Accept Offer for Sale of Surplus Property at Walkup Avenue and Seaboar~ Street. Assistant City Manager Donham advised by memorandum that no upset bid was received on the advertisement by the City to sell this property to the Greater St. James Glorious Fire Baptized Holiness Church of God, Inc. The City negotiated an offer, gave a notice of sale, and followed the upset bid procedures. Since no one offered to upset the bid during the 10 day period, the City may accept the offer and execute and deliver a Warranty Deed for the property being sold upon payment of the purchase price. The church is located on the south side of the parking lot across the street from the Winchester Center and the land for sale surrounds the church on three sides. The 0.95 acres is left-over from land the City purchased for improvements to Morgan Mill Road and is appraised at $8,294. The church deposited $1,000 with the City as earnest money for their offer. Mr. Donham advised that a question was raised at the January 16, 2001 City Council Meeting concerning environmental issues related to the sale of the property. This has been researched and the Resolution and Deed stipulate that the City Council finds that said price is fair and reasonable and that it is in the best interest of the City to accept same provided that the property is sold "as-is" as to the physical condition of the land. Staff recommended that Council approve Resolution R-2001-14 to authorize the Mayor to execute and deliver the Warranty Deed for the property to the Greater St. James Glorious Fire Baptized Church of God, Inc. upon payment of the purchase price of $8,294. Councilmember Kilgore moved to adopt Resolution R-2001-14 to sell the property to Greater St. James Glorious Fire Baptized Church of God, Inc. upon payment of the purchase price of $8,294: 179 e e e e e RESOLUTION TO ACCEPT OFFER SALE OF SURPLUS PROPERTY AT WALKUP A VENUE AND SEABOARD STREET R-2001-14 THAT, WHEREAS, the City of Monroe has heretofore received a negotiated offer to purchase certain surplus property being in the City of Monroe, Union County, North Carolina, and described as follows: Tract 1: Beginning at a pipe found on the southern right-of-way line of Walkup Avenue (said right-of-way being 30 feet in width), the northeast corner of the City of Monroe property recorded in Deed Book 341, Page 829 in the Union County Register of Deeds and being the northwest corner of The Glorious Fire Baptized Holiness Church of God, Inc. property recorded in Deed Book 266, Page 795 in the Union County Register of Deeds: thence with The Glorious Fire Baptized Holiness Church of God, Inc. property S 01 ° 18' 20" W 161.29 feet to an iron rod found on the line of the City of Monroe property recorded in Deed Book 342, Page 397 in the Union County Register of Deeds; thence with The Glorious Fire Baptized Holiness Church of God, Inc. property recorded in Deed Book 266, Page 795 in the Union County Register of Deeds N 89° 42' 24" E 107.33 feet to an iron rod set on the western right-of-way line of Morgan Mill Road (SR 2188); thence with the western right-of-way line of Morgan Mill Road (SR 2188) S 49° 30'15" W 136.62 feet to an iron rod set on the northern right-of-way line Seaboard Coast Railroad, now know as CSX Transportation; thence with the northern right-of-way line of Seaboard Coast Railroad two (2) calls as follows: 1) N 72° 46' 46 W 61.03 feet to a found pipe, the western most corner of the City of Monroe property recorded in the Deed Book 342, Page 397 in the Union County Register of Deeds and the southern most corner of the City of Monroe property recorded in Deed Book 341, Page 829 in the Union County Register of Deeds; 2) N 71 ° 43' 31" W 34.04 feet to an iron rod set, the southern most corner of Seaboard Coastline Rail Road property recorded in Deed Book 69, Page 115 in the Union County Register of Deeds; thence with the said Seaboard Coastline Rail Road property and the eastern line of the City of Monroe property recorded in Record Book 593 Page 217 in the Union County Register of Deeds N 02° 03' 34" W 201.63 feet to a pipe found on the southern right-of-way line of Walkup Avenue (said right-of-way being 30 feet in width); thence with the southern right-of-way line of Walkup Avenue N 78° 56' 26" E 99.96 feet to the point and place of beginning and containing 25,570.6 square feet, being tract 1 of the Boundary Survey of City of Monroe Property surveyed by VCS and dated October 18, 2000. Said tract is subject to the reservation of a ten (10) foot General Public Utility Easement running parallel to the southern right-of-way line of Walkup A venue for the full width of this lot as shown on the above mentioned plat. Tract 2: Beginning at a pipe found on the southern right-of-way line of Walkup Avenue (said right-of-way being 30 feet in width), the northwest corner of the City of Monroe property recorded in Deed Book 337, Page 93 in the Union County Register of Deeds and being the northeast corner of The Glorious Fire Baptized Holiness Church of God, Inc property recorded in Deed Book 266, Page 795 in the Union County Register of Deeds: thence with the southern right-of-way line of Walkup Avenue N 87° 54' 13" E 90.29 feet to an iron rod set on the western right of way line of Seaboard Street, (said right-of-way being 30 feet in width); thence with the western right of way line of Seaboard Street S 02° 13' 34" W 114.67 feet to a found concrete right-of-way monument on the western right-of-way Morgan Mill Road (SR 2188); thence with the western right-of-way line of Morgan Mill Road S 49° 30' 15" W 104.34 feet to an iron rod set on the line of the said The Glorious Fire Baptized Holiness Church of God, Inc. property; thence with the said The Glorious Fire Baptized Holiness Church of God, Inc. property line N 02° 03' 20" W 179.15 feet to the point and place of beginning and containing 12,482.8 square feet, being all of tract 2 of the Boundary Survey of City of Monroe Property surveyed by VCS and dated October 18, 2000. Said tract is subject to the reservation of a ten (10) foot General Public Utility Easement running parallel to the southern right-of-way line of Walkup A venue for the full width of this lot as shown on the above mentioned plat. 180 e e e e e Tract 3: Beginning at a pipe found on the southern right-of-way line of Walkup Avenue (said right-of-way being 30 feet in width), the western right-of-way of Morgan Mill Road (SR 2188) and being the northeast corner of the City of Monroe property recorded in Deed Book 337, Page 93 in the Union County Register of Deeds: thence with the western right-of-way line of Morgan Mill Road (SR 2188) two calls as follows: 1) S 08° 07' 01" W 22.11 feet to an iron rod set; 2) S 45° 20' 44" W 92.99 feet to an iron rod set on the eastern right-of-way line of Seaboard Street (said right-of-way being 30 feet in width); thence with the eastern right- of-way line of Seaboard Street N 02° 13' 34" E 84.90 feet of an iron rod set on the southern right-of-way line of Walkup Avenue (said right-of-way being 30 feet in width); thence with the southern right-of-way line of Walkup Avenue N 87° 54' 13" E 66.02 feet to the point and place of beginning and containing 3,416.4 square feet, being all of tract 3 of the Boundary Survey of City of Monroe Property surveyed by VCS and dated October 18, 2000. Said tract is subject to the reservation of a ten (10) foot General Public Utility Easement running parallel to the southern right-of-way line of Walkup Avenue for the full width of this lot as shown on the above mentioned plat; and, WHEREAS, on January 16, 2001, the property was declared surplus property by the Monroe City Council and on January 1, 2001 the Greater S1. James Glorious Fire Baptized Holiness Church of God, Inc. tendered an offer of Eight Thousand Two Hundred Ninety-Four and no/lOO Dollars ($8,294.00); and, WHEREAS, the City Clerk advertised for an upset bid pursuant to G.S. 160A-269 with notice of said offer posted on the bulletin board at City Hall and published in the Monroe Enquirer-Journal on the 19th day of January, 2001; and, WHEREAS, more than ten days have elapsed since the posting and publication of said notice and no upset or increased bid has been filed; and, WHEREAS, the City Council finds that said price is fair and reasonable and that it is in the best interest of the City to accept same provided that the property is sold "as-is" as to the physical condition of the land. NOW, THEREFORE, BE IT RESOLVED that said offer be accepted and the Mayor and the City Clerk are hereby authorized and directed to execute and deliver a warranty deed for the said property upon payment of the purchase price. Adopted this 6th day of February, 2001. Councilmember Smith seconded the motion, which passed unanimously with the following votes: AYES: Councilmembers Jordan, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: REGULAR AGENDA Item No.5. Public Hearin~s. Mayor Davis explained the procedures the Council follows in conducting public hearings and taking action thereon. 181 e e e e e A. Text Amendment to Economic Development Incentive Program. Mayor Davis opened this duly advertised public hearing. Economic Development Director Platé advised that this is a request to consider a text amendment associated with the City of Monroe's Economic Development Incentive Grant Program. Mr. Platé explained that the Economic Development Incentive Grant Program is a tool created to assist in the recruitment and retention of industry to the community. Since its inception, approximately twelve (12) companies have taken advantage of the program, bringing over $90 million in capital investment to Monroe and Union County. He requested a text amendment on a portion of the program related to the number of "levels" allowed under the grant. He stated that this change was in keeping with the original intent of having a flexible grant program in order to sustain a competitive advantage when competing with other communities, states, and even countries. Not all capital investments occur in a 12-month period, but many occur over a series of "phases." The phased investment could result in a company qualifying for a higher grant level while in the grant period under the program. This text amendment would allow the City to offer that increased level and corresponding monies over the grant period as these phases occur. Mr. Platé advised that there will be performance requirements placed on the company for them to receive the additional grant level(s). Also, with the recent completion of IMPACT, the City's cost-benefit analysis program, the City will be able to demonstrate a quantifiable benefit of the program. The Monroe Economic Development Commission and staff of the Economic Development Office recommended a text amendment to the Monroe Economic Development Incentive Program for the purpose of remaining competitive in the recruitment of industry, creation of jobs, and the broadening of the tax base. The current text reads (page 2): "Only one grant level can be awarded to a business per project." Mr. Platé requested that the amended text read: "Only one (1) grant can be awarded to a business per project, including all associated building and land improvements, machinery and equipment. He also provided a copy of the current program and the amended version for review of Council. There being no other speakers, either for or against the proposal, Mayor Davis closed this public hearing. B. H Power Corporation - Dual Level II-IV Economic Development Grant. Mayor Davis opened this duly advertised public hearing. Economic Development Director Platé stated that this public hearing is to consider the request of H Power Corporation for a Dual Level II-IV Incentive Grant under the Economic Development Grant Incentive Program, as well as an associated budget ordinance to set aside funds from the General Fund for future administration of grant payments. H Power Corporation plans to up fit and lease the 80,000 square foot Harris Spec Building II, located at 1412 Airport Road in Monroe. The project consists of the upfit of the building, purchase of new machinery and equipment, and the creation of at least 50 jobs. The total capital investment for this project in new taxable building improvements, machinery, and equipment will be approximately $5,000,000. The location will generate additional utility consumption for the City of Monroe. 182 e 4. 5. 6. 7. 8. e 9. e e e Mr. Platé reported that H Power Corporation was introduced to his office through the Charlotte Regional Partnership in September 2000 as "Project Illumination." The Economic Development Department demonstrated the advantages of Monroe, Union County, and North Carolina to the visiting representatives, which included Mr. Jordan Morgan. They met with local company representatives and toured available buildings. Their selection of the City was assisted by the availability of the Harris Spec Building and a deep relationship with the Electric Cooperatives. The location is the culmination of the work of the City and County EDC offices, the Charlotte Regional Partnership, the North Carolina Department of Commerce, the Union Power Cooperative, Mr. Bill Harris, and Commercial Carolina. H Power Corporation is based in New Jersey and has been in operation for approximately 11 years. They went public late last year. They are one of the leading companies in the area of fuel cells and will produce these fuel cells in Monroe. Based on the capital investment of $3,000,000, the City can offer a Level II Economic Development Incentive Grant, according to Mr. Platé. The company will have additional investment of $2,000,000 through Year 2004. This enables the City to offer a Level IV Grant at the time the investment is complete. Therefore, the Economic Development Commission and staff recommended a Level II-IV Economic Development Grant totaling $61,902.00. The capital investment will generate over $93,000 in ad valorem taxes over the same period. As the City of Monroe's Economic Developer, Mr. Platé made the following findings with respect to this application: 1. All capital investment in the form of building improvements, new machinery and equipment, are all located within the corporate limits of the City of Monroe. 2. The applicant is the principle employer of persons with respect to the grant application. 3. The applicant is a manufacturing business which will have a minimum new investment of $3,000,000.00 in 2001; they have also represented that they will invest an additional $2,000,000.00 between 2001 and 2004 making their total capital investment in taxable building improvements, equipment and machinery to be $5,000,000.00. As required by the grant, the tax revenue will be greater than the incentive grant. No other grant from the program has been awarded to the applicant for this project. The applicant is not in the retail or the construction trade. The applicant will pay their employees on average a minimum of 110% of the average weekly county wage and will create at least 10 new jobs. The applicant will apply for all appropriate environmental and building permits. The City Attorney has reviewed all legal documents to date. The applicant has submitted its request in writing to the City Manager. 183 e e e e e 10. The applicant meets all other applicable requirements under the Incentive Grant Program. 11. The Monroe Economic Development Commission recommends in favor of the grant. Based on the documents in file, Mr. Platé concluded that H Power Corporation, Inc. qualifies for a Level II-IV Grant under the program. The economic benefits to the City are in the form of employment and industrial tax base. Mr. Platé advised that the recommendation from the Economic Development Commission and staff is that Council adopt a Resolution to award the Dual Level II-IV Grant to H Power Corporation that will be elevated to a Level IV Grant within a five-year window given the company makes the required capital investment. The recommendation also included that Council adopt a Budget Ordinance to appropriate funds for the grant. Mr. Jordan Morgan, General Manager of Stationary Power Operations, addressed Council. He advised that H Power Corporation is very excited about selecting Monroe as the site of its first commercial operation. He stated that they plan to make residential consumer unit fuel cell systems, primarily as an assembly operation, and expect to grow this business with the success that is being generated in the industry today. He expects to be in production by the second half of this year. He explained that since this will start out as manual assembly units, there are no long-term machinery needs. Councilmember Smith stated that this is the kind of industry Monroe is looking for, and welcomed Mr. Morgan to the community and wished his company much success. There being no other speakers, either for or against the proposal, Mayor Davis closed this public hearing. C. To Consider Payment of Commission - Corporate Center Property. Mayor Davis opened this duly advertised public hearing. Economic Development Director Platé stated that this is a request for the City Council to set aside funds and to approve a 5 % real estate broker commission to be paid to Mr. John Ashcraft, of W. E. Damon and Associates for their involvement in the retention of Scott Technologies of DE, Inc. He advised that this commission is payable pursuant to the Representation Agreement. The City has had an open policy to pay a five-percent (5 %) real estate commission to brokers who assist in the location of a company to the Monroe Corporate Center. The commission can only be paid if (1) the broker has a signed contract with the company stating he/she is their exclusive buyer's agent, and (2) he/she was actively involved with the Monroe Economic Development Office during the project's location. American Wick Drain's broker received a 5% commission and Pic 'N Pay's broker was scheduled to receive the commission also. Mr. Platé advised that Scott Technologies of DE, Inc. was assisted by Mr. John Ashcraft, of W.E. Damon and Associates. Mr. Ashcraft came to the Monroe Economic Development Office seeking information for Scott on the Monroe Corporate Center and was instrumental in their decision process. He worked behind the scenes selling the advantage of Monroe when an alternate community was introduced. 184 e e e e e Traditionally, the commission is included in the land sale contract, but during the contract preparation this item was inadvertently omitted. The Monroe Economic Development Commission recommended the payment of the 5 % commission of $30,625 to W.E. Damon and Associates. There being no other speakers, either for or against the proposal, Mayor Davis closed this public hearing. D. Project # 01-130-00001 - Rezoning Request - R-20 (Low/Moderate Density Single- Family Residential) to B-I-SU (Neighborhood Business Special Use) - 16.551 Acres on Old Charlotte Highway Between Carroll Street and Olde Towne Drive. Mayor Davis opened this duly advertised public hearing. Planning Director Rhea advised that this rezoning request and the next public hearing for a Special Use Permit on this property would be held as a joint public hearing, with action to be taken individually on the two items. However, she advised that no representatives for the petitioner, Open Book Baptist Church, had arrived. Mayor Davis, therefore, continued the public hearing until the other public hearings were heard to allow additional time for the petitioners to arrive. At the conclusion of all the public hearings, the petitioners had not arrived, therefore consensus of Council was to continue this public hearing to the March 6, 2001 City Council Meeting. Mayor Davis instructed Planning Director Rhea to advise the petitioners that they needed to be present on March 6, 2001 or the public hearing would be closed. E. Project # 01-110-00003 - Special Use Permit Request - Request to Add a 900 Square Foot Bookstore. a 2.100 Square Foot Storage Building. and a 10.000 Square Foot Addition to the Existing 10.000 Square Foot Church Building - 16.551 Acres on Old Charlotte Highway Between Carroll Street and Olde Towne Drive. This public hearing was to be held jointly with the prior public hearing to consider the rezoning request. However, as indicated in the prior public hearing, the petitioners were not present, therefore Mayor Davis continued the public hearing until the March 6, 2001 City Council Meeting. F. Project # 01-100-00002 - Conditional Use Permit Request - Request to Convert a Single-Family Residence to a Day Care Center for 20 Children - 402 South Bragg Street. Mayor Davis opened this duly advertised quasi-judicial public hearing and swore in the following individuals who planned to give testimony: Carol Rhea, Ada McGee, and Eddie Hall. Planning Director Rhea reviewed the petitioner's site as Senior Planner Herron pointed out items on the site plan. The site lies within the Quality Hills Neighborhood, is zoned R-lO (Moderate/High Single Family Residential), and is adjacent to single-family homes. The historic National Guard Armory is located southeast of the site, across Bragg Street. The petitioner's property is located in an area designated for urban residential uses. Land Development Plan strategies relevant to this case include: (1) S-lf - Require all institutional uses in residential areas to be designed to minimize adverse impacts on adjacent residential 185 e e e e e properties; and (2) S-lp - Prohibit the encroachment of incompatible, non-residential uses in established neighborhoods. Ms. Rhea advised that the petitioner proposes to change the use of an existing single-family residence to a day care center for 20 children. According to Section 156.031(B)(5) of the City of Monroe Code of Ordinances, day care centers with more than six children are conditional uses within the R-lO zoning district. The petitioner is required to provide paved off-street parking, paved driveways for site access, and screening from adjacent residential uses. This property does not lie within a regulated watershed or floodplain. Ms. Rhea stated that staff's primary concern about this proposal is that the lot is too small to accommodate City and State requirements without completely changing the character of the site from residential to institutional. This will have an impact on the residences immediately adjacent to the property along Bragg Street and will impact the character of the neighborhood. The petitioner must place all required parking spaces in the front yard (6 total) and restrict the driveway to one- way travel due to the limited space available on the lot - the lot is only 82 feet wide. This means that the front of the lot from the front building line to the street will be covered almost completely by asphalt or concrete. The petitioner proposes to construct a wood fence six feet in height in the rear and side yards and five feet in height in the front yard along the side property lines to meet screening requirements. The rear yard of the lot will be used as a playground to serve the day care center. The petitioner has not specified the location of trash containers. Ms. Rhea advised that speed humps were installed on South Bragg Street on March 8, 2000 to reduce traffic speed in this residential area at the petition of residents. Standard day cares can generate 31.19 trips per employee per day, whereas single family homes would generate 10.09 trips per dwelling. She explained that there could be a significant difference in the amount of trips generated for this use, and this may create concern since the City has taken measures to install speed humps to address traffic concerns in the neighborhood. Should City Council choose to approve this request, Ms. Rhea advised that staff recommends the following conditions: (1) The development of the tract shall proceed in conformity to all development plans and d.esign features submitted as part of the conditional use permit application and kept on file by the City of Monroe Department of Planning and Development except that the City of Monroe Zoning Administrator may approve minor changes to such plans as required by field conditions as defined in Section 156.185 (D)(2); (2) The petitioner shall comply with all zoning regulations as specified in Chapter 156 of the Monroe Code of Ordinances before a Certificate of Occupancy can be obtained; and (3) The petitioner shall obtain a driveway permit from the City of Monroe Engineering Department prior to driveway construction. Ms. Rhea stated that the Planning Board recommended approval with staff's recommended conditions. Mrs. Ada McGee stated that she is requesting that Marquette's Learning Center be located at 402 S. Bragg Street. She advised that Marquette's Learning Center was established in May 186 e e e e e 2000 and is a loving, caring, and nurturing childcare center. She stated that this childcare center was developed to provide affordable service for all families in the community and provides services for ages zero to 12 years, and is designed to keep 20 preschool children in this community. Mrs. McGee stated, "I was pleased and excited to provide such a needed service for my community this year, and I was shocked to discover that my neighbors who I have lived and worked with the past 10 years, and have much respect for, would try to deprive me of my livelihood. This is a much needed service for the community. It is very puzzling to me to think my neighbors would think this would degrade this community or be a downer for this community when it is clearly providing a much needed service." Mrs. McGee concluded, "This permit and childcare center would not bring any harm to my neighbors. This is a guaranteed and safe situation and it is monitored by the State and County sanitation at all times. " In keeping with the required findings of fact for a Conditional Use Pennit, Mayor Davis asked the following questions of Mrs. McGee: Mayor Davis: Is it your opinion that the use will not materially endanger the public health or safety if located where proposed and developed according to plan? Mrs. McGee: No, it will have no danger. Mayor Davis: Is it your opinion that the use meets all required conditions and specifications? Ms. McGee: Yes. Mayor Davis: Is it your opinion that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity? Ms. McGee: No, it will not damage property values. Mayor Davis: Is it your opinion that the location and character of the use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located and will be in general conformity with Monroe Land Development Plan? Mrs. McGee: Yes. Mayor Davis: Is it your opinion that the relationship to and impacts upon adjoining and nearby properties and the adequacy of proposed measures to minimize any adverse impacts are sufficient? Mrs. McGee: Yes. Mayor Davis, Is it your opinion that the neighborhood character will be reasonably safeguarded? Mrs. McGee: Yes. Mayor Davis: Is it your opinion that the proposed use will not create or seriously heighten the congestion on local streets and thoroughfares? Mrs. McGee: No, it will not. Mr. Jack Lawson asked to give testimony, therefore, Mayor Davis swore Mr. Lawson in. Mr. Lawson stated that he lives in the residence directly across the street from the proposed day care center. He stated, "I am in opposition. This is a residential area; always has been; and why change it now to another zone?" He felt this would hurt the value of property in the neighborhood and explained that the citizens have been trying to improve the neighborhood, 187 e e e e e and felt this would bring the neighborhood down. He explained that he does not oppose anybody trying to make a living, but suggested they go to an area where it is zoned for that use. He stated that Mrs. McGee has not been living there 10 years, and he has been living there all his life. Mr. Lawson concluded, "This is my home and I do not want this in there. I try to keep my property up; my neighbors try to keep their property up, and we don't want anything like this in there. I am not in opposition to what she wants to do, but take it to an area where they want it, where it is zoned for that. We aren't going to change our neighborhood zoning for that. I wasn't suppose to speak, but with all this across the street in front of me, I would be less than a man if I did not stand up, and let this happen to me when I put all my life there." Mayor Davis stated, "You are registering in opposition?" Mr. Lawson advised that he was doing so. Mr. Eddie Hall, Jr. advised that he was representing some of the neighborhood residents, with seven residents standing in agreement. He stated that with the exception of one person, all are homeowners. He explained that the day care proposed will be next door to his property. He referred to the site plan on display and stated, "If it is going to be done like this, it is not going to look like the house it is now. The whole front yard will have to be paved in concrete. I am not against her trying to make a living; I want her to make it; but I am sure she can find some place else without putting it in our neighborhood. She just recently moved into a new neighborhood. Let her put it down there where she lives, and use this house for something else. She already operates a beauty shop out of that residence. I called the Planning Board three or four years ago and they said she couldn't do it. I said I am not trying to harm her livelihood. I don't want a sign in my front yard, and I don't want customers parking in my yard. I tolerated that. I don't think I can tolerate a day care. What will happen with that property if she decides she doesn't want a day care? Who is going to clean that up?" Mayor Davis asked Mr. Hall if he was registering against the day care. Mr. Hall advised that he was, as was everybody whose name was on a petition submitted to City Hall. He stated that every name on that petition is a homeowner. Councilmember Smith asked Mrs. Rhea to explain again how this use was or was not compatible with the Land Development Plan. Ms. Rhea explained that the Land Development Plan shows this area being residential. Day cares taking care of more than six children are a conditional use in all residential areas. She advised that there are two strategies in the Land Development Plan that deal with this type of situation. There is not a detailed land use plan for Quality Hills, and staff hopes to be able to get to that neighborhood soon. The strategies that address the issues are: (1) Requires all institutional issues in this area to be minimized, and (2) Prohibits encroachment of incompatible non-uses. She advised that the Land Development Committee strategies gave a lot of thought to the integrity of neighborhoods. Quality Hills is a strategic neighborhood, and one that is felt to be one of the City's core neighborhoods. The Land Development Committee would like to do more detailed planning, and this was stressed in the plan. Staff concerns related to the fact that this has been a very 188 e e e e e ·-1--- solid neighborhood and has not suffered like some neighborhoods have, but staff would not want to see incompatible development come in and eat away at the neighborhood. Councilmember Smith asked how many homes were represented on the petition. Mayor Davis advised that there are 25 homes represented on the petition, with 33 signatures. Councilmember Smith noted that Council has turned down some situations where the character of the neighborhood was being changed, and asked what was the flavor of discussion at the Planning Board. Planning Manager Wayne Herron was sworn in and gave testimony. He advised that the Planning Board discussed in-depth mainly the site plan and how it fit the neighborhood. Although the site is small, the Planning Board did bear in mind the need for the day care and did consider the fact of speed humps in that area trying to slow traffic down. However, the petitioner provided the required amount of parking and play areas in the back, and met State requirements for a day care. These were the basis for their recommendation for approval. Councilmember Smith asked how many children from the Quality Hills Neighborhood would attend that day care. Mrs. McGee advised that children from the Bragg Street area will be attending when she gets to the center. She is already set up at a center across town. Councilmember Smith asked if Mrs. McGee had done market research to see how many are available in the area. She replied that she had not. Planning Director Rhea explained that Mrs. McGee is moving the day care she currently has to this site, and the children currently at the day care. Mrs. McGee advised she presently has a day care off East Avenue on Salem Drive. Councilmember Kilgore asked how many parking spaces were required on the lot. Ms. Rhea advised that six spaces are required, as are shown on the site plan. Mayor Davis swore in Mrs. Jeanette Sherrod who also wished to give testimony. Mrs. Sherrod advised that she lives on Bragg Street and is very much against a day care center in that area. She was concerned it would change the character of the neighborhood, explaining that it has been residential for 30 years. She stated, "I would like for you to consider leaving it as it is. We are concerned about the traffic we have with children who walk from West to Johnson and some children on Johnson Street who ride bicycles. With a day care, more traffic will be coming in. We have enough traffic on that street as is. We hope you see fit to leave it as it is. " There being no other speakers, either for or against the proposal, Mayor Davis closed this public hearing. G. Project # 01-120-00008 - Zoning Text Change Request - Addition of Libraries as a Permitted Use in the R-O Zonin~ District (Section 156.041). Mayor Davis opened this duly advertised public hearing. Planning Director Rhea advised that staff requests the City Council add libraries as a permitted use in the R -0 (Residential-Office) zoning district. Currently, libraries are a permitted use in the B-1, B-2, B-3, and B-4 zoning districts. The R -0 district 189 e currently permits financial institutions, funeral homes, laboratories, and offices and agencies (business, professional, and public) as well as post offices, studios, and schools. Staff feels that the omission of libraries was an error and that the R-O district is an appropriate district for this use. In addition, new supplementary design standards govern the construction of non- residential uses in order to ensure greater compatibility between residential and non-residential uses. Furthermore, all uses within the R-O zoning district where a single building or combination of buildings exceeds 5,000 square feet must obtain a conditional use permit issued by City Council. Staff and the Planning Board recommended approval as requested. There being no other speakers, either for or against the proposal, Mayor Davis closed this public hearing. e Item No.6. Action From Public Hearings. A. Resolution to Adopt Change to Economic Development Incentive Program. Councilmember Smith moved to adopt Resolution R-2001-11: e e e RESOLUTION OF THE MONROE CITY COUNCIL FOR APPROVAL OF TEXT AMENDMENT R-2001-11 . THAT WHEREAS, the City of Monroe has adopted an Economic Development Grant Program to attract and retain new and existing industry for the purpose of creating jobs and investment to enhance the long-term economic well being of its Citizens; and, WHEREAS, it is the intention of the City of Monroe and the Economic Development Commission to maximize the potential of this grant program; and, WHEREAS, the text stated on the current page two of the Economic Development Grant Program reads as follows: "OlÙY one grant level can be awarded to a business per project," and, WHEREAS, staff and the Monroe Economic Development Commission have requested the text be stated as follows: "OlÙY one (1) grant can be awarded to a business per project, including all associated building and land improvements, machinery and equipment purchased or relocated, and jobs created or relocated;" and, WHEREAS, the City Council finds that the City's best interest would be served by the adoption of the requested text amendment associated with the City of Monroe's Economic Development Incentive Grant Program. NOW, THEREFORE, BE IT RESOLVED that the sentence on the current page two of the Economic Development Grant Program reading "OlÙY one grant level can be awarded to a business per project" be rewritten as follows "OlÙyone (1) grant can be awarded to a business per project, including all associated building and land improvements, machinery and equipment purchased or relocated, and jobs created or relocated. " This Resolution shall be effective upon its adoption this 6111 day of February 2001. 190 e e e Mayor Pro Tern Bazemore seconded the motion, which passed unanimously with the following votes: AYES: Councilmembers Jordan, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: B. Budget Ordinance - H Power Corporation. Councilmember Kilgore moved to adopt Budget Ordinance BO-200l-02: CAPITAL PROJECT ORDINANCE H Power Corporation BO-200I-02 WHEREAS, the City of Monroe established the Economic Development Incentive Grant Program for the City of Monroe on November 7, 1997, in order to induce industry to expand and locate in Monroe; and WHEREAS, the City's Department of Finance has determined that establishing a project fund is the most effective way to manage the financial administration of the program; and WHEREAS, the City Council at its January 16, 2001, meeting called for a public hearing to be held February 6, 2001, to consider making a grant under the Economic Development Incentive Grant Program to H Power Corporation; and WHEREAS, the City Council on February 6, 2001, following the public hearing awarded a grant to H Power Corporation; and WHEREAS, the City Council desires to appropriate funds to set aside for funding the H Power Corporation grant; and, WHEREAS, the funds shall only be disbursed upon compliance of the grantee with all the appropriate requirements under the grant; THEREFORE, the Monroe City Council appropriates to the Economic Development Incentive e Grant Project Fund the following revenues and expenditures: Revenues: Transfer from General Fund e $61,902 Expenditures: Grant over five years $61,902 BE IT FURTHER ORDAINED that an amendment to the General Fund budget for FY 00-01 is approved to appropriate fund balance to transfer $61,902 to the Economic Development Incentive Grant Project Fund. Adopted this 6th day of February, 2001. 191 Councilmember Smith seconded the motion, which passed unanimously with the following votes: e AYES: Councilmembers Jordan, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: C. Resolution to Award Dual Level II-IV Economic Development Grant - H Power Corporation. Mayor Pro Tern Bazemore moved to adopt Resolution R-2001-12: e RESOLUTION OF THE MONROE CITY COUNCIL TO AWARD AN INCENTIVE GRANT TO H POWER CORPORATION R-2001-12 WHEREAS, the City of Monroe has adopted an Economic Development Grant Program, hereinafter "Program"; and, and, WHEREAS, H Power Corporation has duly applied for an incentive grant under said program; WHEREAS, a public hearing was conducted by the City Council on February 6, 2001, at which hearing testimony was given by Mr. Chris Platé, Economic Development Director, of the City of Monroe and Mr. Jordan Morgan, General Manager of Stationary Power Operations for H Power Corporation; and, e 1. 2. 3. e 4. 5. 6. 7. WHEREAS, the City Council makes the following findings with respect to said application: All facilities proposed to be built by, the applicant will be on property currently within the corporate limits of the City of Monroe. The applicant is the principal employer of persons with respect to the grant application under the Program. The applicant is a manufacturing business which will have a minimum new investment of $3,000,000.00 in 2001; they have also represented that they will then add an additional $2,000,000.00 between 2001 and 2004 making their total capital investment in taxable building, equipment, and improvements to the land to be $5,000,000.00. No other grant from the Program has been awarded to the applicant for this project. The applicant is not in the retail or the construction trade. The applicant pays their employees on average a minimum of 110 % of the average county wage and will create at least five new jobs during the first year of operation. That the applicant meets all other applicable requirements of the Grant Program. e WHEREAS, based on the above findings and other documentation in the file, the City Council concludes that the applicant qualifies for a Level II Grant, which will become a Level IV after such time the applicant has met all the requirements established under Level IV pursuant with the Program. The economic 192 e e e e e benefits in the form of increased employment, increases in the tax base and increased City utilities revenues will accrue to the City and that the grant application should be approved subject to compliance with the Program, stipulations provided herein, and subject to appropriation. NOW THEREFORE BE IT RESOLVED THAT a grant to H Power Corporation be awarded as follows: 1. The grant awarded is to be administered in two phases, (1) a Level II for the initial investment of $3,000,000.00, (2) the grant will be increased to a Level IV after complying with the requirements for the Level IV Grant, and (3) the total grant period will last no longer than five (5) years. 2. If the applicant does not comply with the requirements for Level IV, the grant terminates at the conclusion of the City of Monroe's performance of the Level II payments. 3. The Grant is subject to compliance with the requirements and provisions of the Program, stipulations provided herein, and subject to appropriation. Adopted this 61h day of Februarv 2001. Councilmember Kilgore seconded the motion, which passed unanimously with the following votes: AYES: Councilmembers Jordan, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: D. Budget Amendment - To Consider Payment of Commission - Corporate Center Property. Mayor Pro Tern Bazemore moved to adopt Budget Amendment BA-2001-02: Budget Amendment For the Payment of Commission BA-2001-02 WHEREAS, the City Council has considered and approved the payment of commission pursuant to the Representative Agreement with regard to the sale of property in the Monroe Corporate Center to Scott Technologies of DE, Inc. (N.C.G.S. 158-7.1) NOW, THEREFORE, the Monroe City Council appropriates the following revenues and expenditures: GENERAL FUND: Revenues: Appropriation of Fund Balance $30,625 Expenditures: General Government $30,625 This the 61h day of February, 2001. 193 e e e Councilmember Smith seconded the motion, which passed unanimously with the following votes: AYES: Councilmembers Jordan, Kilgore, Smith, Mayor Pro Tem Bazemore, and Mayor Davis None NAYS: E. Resolution To Consider Payment of Commission - Corporate Center Property. Councilmember Smith moved to adopt Resolution R-2001-13: Resolution of Monroe City Council For the Payment of Commission Pursuant to the Representation Agreement With Regard to the Sale of Property in the Monroe Corporate Center to Scott Technologies of DE, Inc. (N.C.G.S.158-7.1) R-2001-13 WHEREAS, the City. Council has considered the payment of commISSIon pursuant to the Representative Agreement with regard to the sale of property in the Monroe Corporate Center to Scott Technologies of DE, Inc. (N.C.G.S. 158-7.1) WHEREAS, the City of Monroe's Economic Development Commission voted unanimously in favor of payment of a broker commission to WE Damon and Associates to an amount equal to five-percent (5 %) of the total consideration for the sale of said property; and, WHEREAS, the City Council finds the total consideration for the sale of said property is Six Hundred Twelve Thousand Five-Hundred Dollars ($612,500.00) pursuant with NCGS 158-7.1 (d2); and, WHEREAS, the City Council has determined the broker commission is Thirty Thousand Six Hundred Twenty-Five Dollars ($30,625.00) and that the same be paid pursuant to the City's existing policy. NOW, THEREFORE, BE IT RESOLVED that the payment of the broker commission to WE Damon and Associates for the amount of Thirty Thousand Six-HlÚldred Twenty-Five Dollars ($30,625.00) e be in all respects approved. This the 6th day of Februarv 2001. e Mayor Pro Tem Bazemore seconded the motion, which passed unanimously with the following votes: AYES: Councilmembers Jordan, Kilgore, Smith, Mayor Pro Tem Bazemore, and Mayor Davis None NAYS: 194 e e e e e F. Project # 01-130-00001 - Rezoning Request - R-20 (Low/Moderate Density Sinf:le- Family Residential) to B-I-SU (Neighborhood Business Special Use) - 16.551 Acres on Old Charlotte Highway Between Carroll Street and Old Towne Drive. No action taken as the public hearing was continued until March 6, 2001. G. Proposed Special Use Permit - Project # 01-110-00003 - Request to Add a 900 Square Foot Bookstore. a 2.100 Square Foot Stora¡:e Building. and a 10.000 Square Foot Addition to the Existing 10.000 Square Foot Church Building - 16.551 Acres on Old Charlotte Highway Between Carroll Street and Olde Towne Drive. No action taken as public hearing was continued until March 6, 2001. H. Proposed Conditional Use Permit - Proiect # 01-100-00002 - Request to Convert a Single-Family Residence to a Day Care Center for 20 Children - 402 South Bragg Street. MayorPro Tern Bazemore requested to abstain from voting due to the fact he has a conflict of interest in that he lives on Bragg Street and serves on the Board of Partnership for Children. City Attorney Milliken advised that at least four votes would be needed for a motion to carry. He suggested consideration of this matter be continued to the March 6, 2001 meeting and the members absent could use the Minutes of this meeting to become informed about the issues and opposition. However, as there were five members present, Mayor Davis pointed out that there would be four members present for any action. Councilmember Jordan moved to allow Mayor Pro Tern Bazemore to abstain from voting on this matter due to a conflict of interest. Councilmember Kilgore seconded the motion, which passed unanimously with the following votes: AYES: Councilmembers Jordan, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: Mayor Davis asked for a motion on the Special Use Permit. No motion was received. Mayor Davis explained that this item failed for lack of a motion. I. Ordinance - Project # 01-120-00008 - Addition of Libraries as a Permitted Use in the R-O Zoning District (Section 156.041). Mayor Pro Tern Bazemore moved to adopt Ordinance 0-2001-04: AN ORDINANCE TO AMEND TITLE X, CHAPTER 156: ZONING CODE OF THE CITY OF MONROE CODE OF ORDINANCES 0-2001-04 Preamble Pursuant to authority conferred by Chapter 160A-381 of the North Carolina General Statutes, as amended and for the purpose of promoting the health, safety, morals, or general welfare of the 195 e e e e e inhabitants of the City by lessening congestion in and around the streets; securing safety; preventing the overcrowding of land; avoiding undue congestion; and facilitating the adequate provision of transportation, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MONROE THAT TITLE XV, CHAPTER 156: ZONING CODE, OF THE CITY OF MONROE CODE OF ORDINANCES BE AMENDED AS FOLLOWS: Section 1. AMEND Section 156.041 (A) to ADD (S): (8) Libraries. Section 2. This ordinance shall become effective upon adoption. Adopted this 6th day of February. 2001. Councilmember Smith seconded the motion, which passed unanimously with the following votes: AYES: Councilmembers Jordan, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: Item No.7. Budget Amendment - Asset Seizure Forfeitures. Sgt. Bryan Gilliard briefed Council on this request to appropriate funds received from asset forfeiture money. He advised that the U. S. Department of Justice requires that asset forfeiture accounts be audited annually and certified by the Finance Director of the receiving municipality. The money can only be spent on certain items to further the investigation of illegal narcotics. He provided Council with a copy of the requirements of the U. S. Department of Justice for uses of equitably shared property. Sgt. Gilliard advised that during the past six months, the Police Department has received asset forfeiture monies from the U. S. Department of Justice, the U. S. Department of the Treasury, the North Carolina Department of Revenue, and the Clerk of Superior Court in Union County. The monies received from these separate branches of government are the direct result of investigations of various violations of State and Federal Narcotics Violations. These funds will be used solely for investigation of illegal narcotics as required by the U. S. Department of Justice. Councilmember Jordan advised that he had asked that this item be taken off the Consent Agenda at the January 16, 2001 Council Meeting due to his concern with one expenditure. He now understands it was an allowable expenditure for vehicles. He asked Sgt. Gilliard customarily what kind of vehicles the Police Department would purchase with these funds. Sgt. Gilliard advised that in the past, two used vehicles have been purchased for undercover work, and these and any cars purchased would not be the standard Crown Victorias, but would 196 e e e e e be similar to the car the average citizen might be driving, and would be used for undercover officers. Mayor Davis asked if the City should be able to use cameras for traffic violations, could any of these monies be used to purchase those cameras. Director of Finance and Administration Vizcaino indicated that the program would not allow that type of purchase. Mayor Pro Tern Bazemore moved to adopt Budget Amendment BA-2001-01 to designate and appropriate the assets forfeiture funds: BUDGET AMENDMENT BA-2001-01 1. Amendment necessary to designate and appropriate funds received from the Department of Justice for asset seizure forfeitures: General Fund: Revenues: Restricted intergovernmental Expenditures: Public Safety $80,900 $80,900 2. Amendment necessary to designate and appropriate funds received from the Department of Treasury for asset seizure forfeitures: General Fund: Revenues: Restricted intergovernmental Expenditures: Public Safety $ 835 $ 835 3. Amendment necessary to designate and appropriate funds received from the State of North Carolina for asset seizure forfeitures: General Fund: Revenues: Restricted intergovernmental Expenditures: Public Safety $ 3,060 $ 3,060 4. Amendment necessary to designate and appropriate funds received from local authorities for asset seizure forfeitures: General Fund: Revenues: Restricted intergovernmental Expenditures: Public Safety $ 1,280 $ 1,280 197 e e e Adopted this 6th day of Februarv, 2001. Councilmember Kilgore seconded the motion, which passed unanimously with the following votes: AYES: Councilmembers Jordan, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: Item No.8. Resolution to Adopt Local Water Supply Plan. Water Resources Director Colbath reported that North Carolina General Statute 143-355(L) requires that each unit of local government providing public water services prepare and submit a Local Water Supply Plan, and that the plan be updated every five years. This plan contains information on water usage, existing supply resources, wastewater treatment facilities, water demand (current and future), and future supply needs. The Monroe Local Water Supply Plan was prepared and submitted pursuant to State guidelines in December of 1998. Following lengthy State review and minor negotiated changes, the report was approved by the State. Mr. Colbath stated that water supply is a strategic issue, which is critical to Monroe's future livelihood. The approved Local Water Supply Plan provides the framework for identification, analysis and implementation of infrastructure improvements needed to meet future water supply needs. He requested that Council adopt Resolution R-2001-03 to approve the Local Water Supply Plan. Councilmember Smith advised that the Water Supply Plan has been reviewed by the Environment and Water Resources Committee and they recommend approval. Councilmember Smith moved to adopt Resolution R-200l-03 to approve the Local Water Supply Plan: RESOLUTION OF THE MONROE CITY COUNCIL FOR APPROVING WATER SUPPLY PLAN R-2001-03 e WHEREAS, North Carolina General Statute 143-355 (L) requires that each unit of local government that provides public water services, or plans to provide such services, shall, either individually or together with other such units of local government, prepare and submit a local water supply plan; and e WHEREAS, as required by the statute and in the interests of sound local planning, a water supply plan for the City of Monroe has been prepared; and WHEREAS, said water supply plan is in accordance with the provisions of North Carolina General Statute 143-355 (L) and will provide appropriate guidance for the future development of water supplies for the City of Monroe, as well as useful information to the Department of Environment and Natural Resources for the development of a state water supply plan as required by statute. 198 e e e e e NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Monroe, that the Water Supply Plan attached hereto, is hereby approved and shall be submitted to the Department of Environment and Natural Resources, Division of Water Resources; and BE IT FURTHER RESOLVED that the City Council of the City of Monroe intends that this plan shall be revised to reflect changes in relevant data and projections at least once every five years or as otherwise requested by the Department, in accordance with the statute and sound planning practice. This the 6th day of February, 2001. Mayor Pro Tern Bazemore seconded the motion, which passed unanimously with the following votes: AYES: Councilmembers Jordan, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: The City of Monroe Local Water Supply Plan is hereby incorporated as a part of these Minutes as "Exhibit A." Item No.9. Monroe Municipal Airport - Approval of Reimbursable Agreement with FAA for Relocation of ASOS Equipment. Engineering Director Loyd advised that on December 19, 1995, the City executed a lease with the U. S. Department of Commerce, NOAA, for the placement of the Automated Surface Observation System (ASOS) equipment at the Monroe Municipal Airport. The ASOS broadcasts weather related conditions to pilots utilizing the Monroe Airport. The 15-year lease, which has an effective date of December 31, 1995, provides for the City to be responsible for all costs if the facility must be moved to another site due to modifications at the Monroe Airport. The Central Data Processing Unit (CPU) is located in the Nesbit Building (also known as the Round Building) at the Monroe Airport. Due to damages resulting from the January 2000 Snowstorm, structural problems have been identified with the Nesbit Building. Plans are underway to demolish this building once the Central Data Processing Unit is relocated. Mr. Loyd stated that staff has worked with the Federal Aviation Administration (FAA) since last spring to effect the relocation. The FAA has now submitted for City approval a Reimbursable Agreement to cover the costs of the relocation. The cost estimate prepared by the FAA is $35,091 and covers the worse case scenario. In December 1995, the City received an estimate of $5,000 for the Central Data Processing Unit relocation prior to signing the lease since the Airport Layout Plan showed the Nesbit Building being removed with future development. Staff considered requesting the FAA to reconsider their estimate since it was completed site unseen; but it is felt that this would lead to additional delays. The relocation costs will be covered by insurance since the City has met the deductible for storm damage. The Reimbursable Agreement provides for the Federal Aviation Administration to invoice for only the actual cost incurred. All work will be monitored by the Engineering Staff. 199 e e e e e Staff recommended that Council approve the Reimbursable Agreement with the Department of Transportation Federal Aviation Administration and that the City Manager be authorized to execute the Agreement on behalf of the City of Monroe. Councilmember Jordan moved to approve the Reimbursable Agreement with the Department of Transportation Federal Aviation Administration, and to authorize the City Manager to execute the Agreement on behalf of the City of Monroe. Councilmember Smith seconded the motion, which passed unanimously with the following votes: AYES: Councilmembers Jordan, Kilgore, Smith, Mayor Pro Tem Bazemore, and Mayor Davis None NAYS: The Reimbursable Agreement with the Department of Transportation Federal Aviation Administration is hereby incorporated as a part of these Minutes as Exhibit "B. " Item No. 10. Monroe Municipal Airport Improvement Project. Engineering Director Loyd advised that with the assistance of Congressman Robin Hayes, the City of Monroe is scheduled to receive $3 million in Airport funds from the Federal government for improvements at the Monroe Municipal Airport. In discussion with Rick Barkes of the Division of Aviation, $2 million will be received for the 2001 Airport Improvement Project, which will be administered through the State. The project will require a 10% match ($222,222) from the City of Monroe, which will provide for a total project of $2,222,222. Mr. Loyd advised that Airfield improvements planned as part of this project include: (1) Expansion of the general aviation apron in the vicinity of the new terminal for the construction of a maintenance hangar; (2) Construction of an automobile parking lot; (3) Vehicular access road; and (4) The relocation of approximately 3,500 feet of existing taxiway from 200 feet to 300 feet from the runway centerline and the completion of the parallel taxiway to Runway 23. The relocation of the parallel taxiway, according to Mr. Loyd, will enable the City and the State to fulfill a commitment made to the Federal Aviation Administration during the commissioning of the Monroe Instrument Landing System in August 1994. The project is anticipated to be underway by early summer with a late fall completion date. The Airport Consultant, The LPA Group, has submitted an Agreement for Professional Services for the 2001 Airport Improvement Project. The consultant is requesting fees totaling $123,693 for Preliminary Engineering, Basic Engineering Services and Other/Additional Services. Construction administration and construction related services are not included as part of the Agreement and will be considered at a future date. Mr. Loyd provided Council with a summary of the items covered by the Agreement and a Fee Comparison to the past Capital Improvement Program at the Airport. 200 e e e e e Mr. Loyd stated that the fees proposed by the consultant have been reviewed and are consistent with the past Capital Improvement Program. As part of the LP A Group's submittal, an itemized hourly breakdown of each task was provided for review. One item included in the Agreement is a "pass through" cost ($6,500) to retain a DBE Consultant to prepare the Disadvantage Business Enterprise (DBE) Program. The LP A Group will coordinate this activity, but the State Division of Aviation will choose the DBE Consultant. The DBE Program is required for the project to receive Federal funds. The remaining $1 million of the $3 million in Federal funds that the Monroe Airport is scheduled to receive is for the construction of the MALSR Approach Lighting System. MALSR is an acronym for Medium Intensity Approach Lighting System with Runway Alignment Indicator Lights. The estimated cost for the MALSR is $400,000, with the project to be administered by the Airways Facilities Section of the Federal Aviation Administration in Atlanta, Georgia. Staff and the Airport consultant are working with the Division of Aviation to have the project administered through the State so that the remaining $600,000 can be spent on other projects at the Monroe Municipal Airport. If not, the remaining funds will most likely be lost once the MALSR is in place. Mr. Loyd stated that the Engineering Department recommends that Council approve a Capital Budget Ordinance for the 2001 Airport Improvement Project. The Engineering Department also recommended approval of the Agreement for Professional Services with The LP A Group of North Carolina, P.A., in the amount of $123,693, with the City Manager authorized to sign the agreement. A. Capital Budget Ordinance. Mayor Pro Tern Bazemore moved to approve Budget Ordinance BO-2001-01 for the 2001 Airport Improvement Project: CITY OF MONROE CAPITAL PROJECT BUDGET ORDINANCE 2001 AIRPORT IMPROVEMENT PROJECT BO-2001-01 WHEREAS, G.S. 63-2 authorizes cities and towns to establish and regulate airports and the City of Monroe is sponsor and owner of the Monroe Municipal Airport, a designated reliever to Charlotte Douglas International Airport; and WHEREAS, the City of Monroe is scheduled to receive through the efforts of Representative Robin Hayes $2 Million Dollars in Federal Funds which will require a 10 per cent match of $222,222 in Local Funds for a total project of $2,222,222; and WHEREAS, airfield improvements planned as part of this project include 1) expansion of the general aviation apron in the vicinity of the new terminal for the construction of a maintenance hangar; 2) construction of an automobile parking lot; 3) vehicular access road; and 4) the relocation of approximately 3,500 feet of existing taxiway from 200 feet to 300 feet from the runway centerline and the completion of the parallel taxiway to Runway 23; and 201 e e e e e WHEREAS, the relocation of the parallel taxiway will enable the City of Monroe and State to fulfill a commitment made to the Federal Aviation Administration during the commissioning of the Monroe Instrument Landing System in August 1994; and WHEREAS, the City Council desires to appropriate funds to accomplish the 2001 Airport Improvement Project; NOW, THEREFORE, BE IT ORDAINED that the City Council hereby creates the 2001 Airport Improvement Capital Project Fund and appropriates the following revenues and expenditures: REVENUES DESCRIPTION AMOUNT Transfer from Airport Capital Reserve Fund $ 222,222 Federal Reimbursement 2,000,000 EXPENDITURES DESCRIPTION AMOUNT Airfield Improvements $1,847,222 Engineering & Contingencies 375,000 BE IT FURTHER ORDAINED that an amendment to the Airport Capital Reserve Fund budget for FY 2000-2001 is approved to appropriate final balance to transfer $222,222 to the 2001 Airport Improvement Capital Project Fund. Approved this 6th day of Februarv, 2001. Councilmember Smith seconded the motion, which passed unanimously with the following votes: AYES: Councilmembers Jordan, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: B. Agreement for Design Services Contract. Mayor Pro Tern Bazemore moved to approve the Agreement for Design Services Contract with The LPA Group in the amount of $123,693, and to authorize the City Manager to execute the Agreement on behalf of the City of Monroe. Councilmember Smith seconded the motion, which passed unanimously with the following votes: AYES: Councilmembers Jordan, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: The Agreement for Design Services Contract is hereby incorporated as a part of these Minutes as Exhibit "C." 202 e e e e e Item No. 11. Special Assistance Program (Utility Bill Payment Assistance) and Bud~et Amendments. Director of Finance and Administration Vizcaino briefed Council on the proposed Special Assistance Program. She recognized Ms. Jill Martin and her Customer Service Staff who were present. Ms. Vizcaino advised that the Customer Service Committee, concerned with the financial impact this winter's cold weather had on citizens, recommended approval of a "Special Assistance Program" at its January 29, 2001 special meeting. The program, will assist City residents with unusually high natural gas and electric utility bills for the period January 1, 2001 through April 30, 2001. Funds for this program will be disbursed from the current "Helping Hands" program. The Union County Department of Social Services (DSS) and the Union County Council on Aging (COA) will administer this program. Ms. Vizcaino reviewed the major differences between the Special Assistance Program and the current Helping Hands program including: (1) The customer's account must be current; (2) Income eligibility criteria were expanded to be within 110% of current Federal Poverty Guidelines; (3) Recurring medical expenses will be a consideration in determining income eligibility for the disabled, as well as senior citizens; (4) Customers may apply more than once for assistance during the established period; and (5) Maximum assistance per household will be $500. Each recipient will be required to attend a customer workshop. Four workshops have been set up at this time in community centers, during the day and evening to accommodate all citizens. Ms. Vizcaino reported that Mrs. Janice Fisher, Department of Social Services (DSS) Program Manager, has made arrangements to offer extended working hours, with the understanding that the City cover the costs. DSS will remain open Tuesday through Thursday until 7 p.m. for the period the program is in effect to receive customers referred by the City. Mrs. Fisher has indicated that the City's estimated cost to provide assistance during this period would be $10,000. Based on samples of current bills, Ms. Vizcaino stated that staff feels that a customer would be referred to DSS or COA who has a utility bill in excess of 125% of the last three years' average bill for the same time period. The amount of assistance that the City would provide would be the difference of the current bill and 125% of last three years' average bill for the same time period. Currently, the Helping Hands program has approximately $16,000. Staff is currently developing an insert to be included in the next cycle of utility bills to remind customers of this program and to ask for their support. The City appropriates $3,000 annually to this program to match customers' contributions. Staff expects that utilization of the proposed Special Assistance Program will exceed the funds available and recommends an additional appropriation in the amount of $50,000 from the Electric and Natural Gas Funds Fund Balance for $25,000 each. It is estimated that $50,000 will be needed to fund this program; however, depending on the use of the program, there may be a need to appropriate additional funds in the future. 203 e e e e e Staff recommended that Council approve the Special Assistance Program, appropriate $10,000 of Electric Fund Fund Balance to cover the costs associated with the provision of extending hours at the DSS offices, and appropriate $25,000 from the Electric Fund Fund Balance and $25,000 from the Natural Gas Fund Fund Balance to provide additional funds for the Special Assistance Program. Mayor Pro Tern Bazemore was concerned with the requirement that "the present account must be current." He explained that some citizens may be hard pressed economically for situations beyond their control such as illness or high medical bills. He was concerned about eliminating such a citizen who might, in fact, have the greatest need. He asked if some type of exception could be found to help these citizens. Ms. Vizcaino advised that this was considered by the Committee. "Being current" means that a customer has contacted City Hall and settled his account, whether through the City providing payment extension or whether the citizen sought assistance through other programs to make their account current through December 31, 2000. If the customer is keeping the terms of his extension or agreement for assistance, then the account is considered current. Mayor Pro Tern Bazemore asked that this be explained to the citizens. Ms. Vizcaino advised that staff has taken a number of initiatives to reach all citizens including inserts in utility bills and press releases, and hopes customers will call. A special telephone line has been established for this program which will explain the program, eligibility requirements, and will give reassurance to the citizens. City Manager Spell advised that one of the concerns in designing the program was output measurements. Staff will be able to identify all inquiries and utilize output measurement to determine if the City is meeting the needs and where gaps may be in case there needs to be greater flexibility. Ms. Vizcaino advised that in addition to the City tracking all calls, DSS will provide a report on all referrals and their ultimate outcome. A summary of the program has also been provided to field service technicians who will inform citizens as they see them in their homes. Every effort has been made to get the message out to prevent citizens in need from falling through the cracks. Mayor Pro Tern Bazemore was pleased that the workshops were designed to show citizens, both rental and homeowners, little inexpensive things they could do for better insulation, caulking windows, etc. Ms. Vizcaino explained that the workshops are designed to show low cost, no cost solutions, especially for citizens living in rental properties, and perhaps the landlord is not willing to take steps to better weatherize the property. Mayor Pro Tern Bazemore noted that the State has control over what can be done legally insofar as landlords keeping up properties. However, he stated that anything the City can legally do toward requiring landlords to keep up properties should be done to assist citizens who are suffering through no fault of their own. City Manager Spell advised that the City is addressing what it can through the rental permits and trying to inspect and be sure minimum housing standards are met. In addition, the materials being used in the conservation workshops can be developed and printed for use by the general public. 204 e e e e e Ms. Vizcaino advised that in December, Council approved an amendment to the Helping Hands program to broaden the guidelines that DSS uses to consider eligibility. During the prior 12-month period there was one application to that program; however, since this amendment there have been 12 applications. Changing the guidelines has made a significant difference. The Helping Hands program, as well as federal programs, are utilized to assist citizens . Councilmember Smith asked if the City had the approval of the Local Government Commission to make these fund transfers for this program. Ms Vizcaino advised that these appropriations are within the same funds and directly associated with them, therefore, are within guidelines. Councilmembers Smith and Kilgore commended Ms. Vizcaino and her staff for their work in developing this Special Assistance Program. Ms. Vizcaino also thanked the City Manager for his assistance in making sure the Committee looked at all options available. The Committee researched a number of cities and town, and reported that Monroe has the best program available to assist citizens with these needs. Councilmember Jordan asked when it was determined the Council on Aging would be assisting the City with this program. Ms. Vizcaino advised that this was presented in the staff report for the January 29, 2001 Committee meeting and she felt it was important to have two different agencies to determine eligibility. This will also help reach more senior citizens and not create an overload of cases on DSS. The Council on Aging agreed to receive training to assist the City; however, they will provide assistance during their normal work hours only. Councilmember Jordan advised that Union County Community Action and Crisis Assistance Ministry were a part of the review meeting. As a follow up, he has received calls from Crisis Assistance expressing the same concern as Mayor Pro Tern Bazemore expressed, that there are citizens who have a real need that the program is not going to address. He felt the City was doing an excellent job, going far beyond anything that has been done in the past. However, he hoped the City will continue to work to improve this program and to broaden the scope of assistance to the needy that the program is helping to address with regard to heat and utility bills. Councilmember Jordan also suggested that in addition to the counseling session for citizens who want to keep utility bills down, he would like to see some type of communication to groups that have regular meetings, such as churches and civic groups. Some of these organizations may like to sponsor an information meeting for their congregation or group on this program to be sure to get the word out to all who qualify. Ms. Vizcaino advised that while the program runs January through April, if citizens do not learn about the program for some reason until after April, they would still be eligible. She advised that staff is rewording the delinquency notices to inform citizens that the program is available, and staff will continue to do everything possible to be sure all citizens know about the program. 205 e e e e e Councilmember Smith noted that Energy Services has a program to offer periodic energy audits primarily for commercial and industrial customers. He asked if there was such a program for residential. Ms. Vizcaino advised that this on-going program also covers residential with staff actually going to homes upon request and conducting an energy audit. City Manager Spell thanked Council for recognizing staff's efforts in putting this program together. He also recognized Assistant City Manager Donham and Public Information Officer La Vondra Edwards for their contributions to the program. He noted that this has been a very dynamic process, that will be on-going, and he commended all staff involved. A. Budget Amendment - Electric Fund Fund. Mayor Pro Tern Bazemore moved to appropriate $10,000 from the Electric Fund Balance to cover the cost of extended hours at the DSS offices to administer the Special Assistance Program. Councilmember Smith seconded the motion, which passed unanimously with the following votes: AYES: Councilmembers Jordan, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: B. Budget Amendment - Electric Fund. Councilmember Jordan moved to appropriate $25,000 from the Electric Fund Balance to provide additional funds for the Special Assistance Program. Councilmember Kilgore seconded the motion, which passed unanimously with the following votes: AYES: Councilmembers Jordan, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: c. Budget Amendment - Natural Gas Fund. Councilmember Jordan moved to appropriate $25,000 from the Natural Gas Fund Balance to provide funds for the Special Assistance Program. Councilmember Kilgore seconded the motion, which passed unanimously with the following votes: AYES: Councilmembers Jordan, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: D. Approval of Special Assistance Program. Councilmember Smith moved to approve the Special Assistance Program to assist City residents with unusually high natural gas and electric utility bills for the period January 1, 2001 through April 30, 2001: Special Assistance Program In an effort to assist City residents with high natural gas and electric utility charges billed during the period of January 1, 2001, through April 30, 2001, the City of Monroe proposes to offer a Special Assistance 206 e e e e e Program with monies to be disbursed from current Bill Payment Assistance Program - Helping Hands funds. The Department of Social Services and the Council on Aging will administer this program. Guidelines: 1. Assistance is available to City of Monroe residents that meet low-income criteria based on the Federal Poverty Guidelines. 2. All charges billed prior to January 1, 2001 must be paid in full. 3. Qualifying customer's income must be at or below 110% of the Federal Poverty Guidelines. 4. Qualifying customers will be eligible for assistance regardless of number of extensions made during previous 12-month period. 5. Only natural gas and electric utility consumption charges billed from January 1, 2001 through April 30, 2001 will be considered. 6. The amount of assistance to be granted will be determined as follows: · The average of the customer's utility bills for the same billing period for the previous three years will be determined. · Customer will be required to pay 125% of the calculated average from their own resources. · The difference between the current bill and the amount the customer is required to pay will be the amount to be considered for assistance. · Customers may apply for assistance from this program more than once for utility charges billed during the period of January 1, 2001, through April 30, 2001. 7. Maximum assistance per household will be limited to $500. 8. Customers receiving assistance must participate in a conservation workshop (currently being developed). Mayor Pro Tern Bazemore seconded the motion, which passed unanimously with the following votes: AYES: Councilmembers Jordan, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: Item No. 12. Other Business. A. Red Light Cameras. Mayor Davis advised that she had received a letter from Mayor Jenny Morgan of Marshville. Mayor Morgan advised that Representative Fern Shubert plans to introduce a bill to authorize Marshville to use photographic images as evidence in court for traffic control. Mayor Morgan invited the City of Monroe to be a part of this bill if the City had any interest in using cameras for traffic control. City Manager Spell stated that if Council has an interest for staff to explore cameras, he will begin research. He advised that this is being done successfully in several cities. Passage of the bill would give the City the right to use this avenue, should the City decide to do so. Following discussion, Councilmember Smith moved to authorize the Mayor to write Representative Fern Shubert requesting that she include the City in this bill. Mayor Pro Tern Bazemore seconded the motion, which passed unanimously with the following votes: 207 e e e e e AYES: Councilmembers Jordan, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: B. Control of Traffic Lil:hts After 6:00 p.m. Councilmember Smith advised that there are a number of traffic lights in the City that could be eliminated or put on blinking after 6:00 p.m. He asked that the Transportation Committee review this situation. Mayor Pro Tern Bazemore advised that the Committee would take this into consideration. C. City Council Meetinl: - April 17. 2001. Mayor Davis asked that Council consider the possibility of canceling the April 17, 2001 Council Meeting due to the spring break and holiday. A decision will be made at the February 20, 2001 Council Meeting. Item No. 13. Closed Session - To Consult with City Attorney on Matters Requirin2 Confidentiality and Personnel. Councilmember Smith moved to go into Closed Session to consult with the City Attorney on matters requiring confidentiality and personnel. Mayor Pro Tern Bazemore seconded the motion, which passed unanimously with the following votes: AYES: Councilmembers Jordan, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: Item No. 14. Resolution to Open a Portion of Old Closed Session Minutes. Upon return from Closed Session, Councilmember Jordan moved to adopt Resolution R-2001-17 to open a portion of Closed Session Minutes: RESOLUTION TO OPEN CLOSED SESSION MINUTES OR PORTIONS THEREOF R-2001-17 BE IT RESOLVED that the City Council opens the following Closed Session Minutes or portions thereof: Date of Closed Session Minutes Item Number Item Entitled October 3, 2000 1 Approval of Minutes of Closed Sessions of September 14, 2000 and September 19,2000 October 17, 2000 1 Approval of Closed Session of October 3,2000 November 7, 2000 1 Approval of Minutes of Closed Session of October 17, 2000 and November 2,2000 November 7,2000 2 Opening of Portion of Closed Session Minutes November 7,2000 3 City Manager Contract 208 e e e e e Adopted this 6111 day of February, 2001. Councilmember Kilgore seconded the motion, which passed unanimously with the following votes: AYES: Councilmembers Jordan, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: There being no further business, Councilmember Kilgore moved to adjourn. Councilmember Jordan seconded the motion, which passed unanimously with the following votes: AYES: Councilmembers Jordan, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: The Regular City Council Meeting of February 6, 2001 adjourned at 8:30 p.m. ¡ 0,.\ .IÆ I, y' ~.. ' "'f¡,F Å 01 fh'1? ¿/ JuCly L. Davis, Mayor Attest: ~ frL. 4)~ Jeanne M. Deese, CIty Clerk 02-06-01 209 Russell Completed By: Ci ty of e "Exhibit A" North ~._. :ina Department,_- nment and Natural Resources _ Division esources _ . LOCAL WA PPL Y PLAN . Part 1: Water Supply System Report for Calendar Year 1997 Colbath. P.E. Monroe .Water Resources Director Date: 9/30/00 e 1-A. Water System: 1-C. River Sub-Basin(s): 1-D. County(s): 1-E. Contact Person: 1-F. Mailing Address: 1-G. Phone: City of Monroe " SECTION 1: GENERAL INFORMATION 1-B. PWS Identification #: 01-90-010 Rockv River and Catawba Union Russell Colbath P.O. Box 69 704-282-4601 Title: Water Resources Director 1-H. Fax: . 704-283-6492 City: Monroe 1-1. E-mail: -"- StateNC' Zip Code: 28111- 0 069 rcolbath@monroenc.org c:Þ Non-Profit Association c:Þ For-Profit Business 1-J. Type of Ownership (Check One): ~ Municipality c:Þ State c:Þ County c:Þ Federal c:Þ Authority c:Þ Other c:Þ District I r1' >: SECTION 2: WATER USE INFORMATION 2-A. Population Served in 1997: Year-Round 23 , 051 Seasonal (if applicable) Nt A Months N/A 2-B. Total Water Use for 1997 including all purchased water: 2,539.8 Million Gallons (MG) 2-C. Average Annual Daily Water Use in 1997: 7 . 00 Million Gallons per Day (MGD) 2-D. List 1997 Average Annual Daily Water Use by Type in Million Gallons per Day (MGD): Type of Use (1) Residential (2) Commercial (3) Industrial (4) Institutional Metered Connections Non-Metered Connections Total Number Averaae Use (MGm Number Estimated Averaae Use (MGD) Averaae Use (MGD) 6,663 1.64 - -- 1.64 1,301 * 0.82 - -- .82 50** 3.0 - -- 3.0 75** 0.2 - -- n ? (5) Sales to other Systems 0.01 ** Estimate (6) Backwash 0.35 *** Intermittant, Emergency Backup 6.02 (7) Subtotal [sum (1) thru (6)] (8) Average Annual Daily Water Use [Item 2-C] I (9) Unaccounted-for water [(8) - (7)] 7.00 0.98 .,- r'Iol..t_~__. .te,.,.&... -. _ ....... _ ,..,_.1.... ,........... PO"._...!.... ^. .&1... __ ...... "...........-¡ _.'.f..I. ..,_ "'............ ..,.........., ,,...A_\ ~ ............ _........ __..... local Water Supply Plan - Part 1: Water Suppl' "'vstem Report for Calendar Year 1997 - Page 2 2-E. List the Averaae Dailv and Maximum Dav Water Use bv Month for 1997 In Million Gallons Der Dav CMGm: - Averaae Daily Use Maximum Dav Use Averaae Dallv Use Maximum Day Use Average Dallv Use Maximum Day Use Jan 6.62 8.47 Mav 7.61 8.75 SeD 7.11 R ':It) Feb 7.07 8.50 , Jun 7.71 9.00 ; Oct 6.72 8.25 Mar 6.90 8.31 Jul 7.48 10.50 Nov 6.19 7.56 Anr 7.33 8.52 Aun 7.13 8.80 n~u~ 6.15 ~ 11; Water User ( 1 ) ,!\,son F.oods (3 accounts) (2) Bloomsburg ~tills (3) Allvac (2 accounts) ( 4) Narrpler Iongacer ¡nc. (5) Cooper Group Tools Use Water User (6) Cit Nastewater Trea1:.nEnt Plant (7) Riverside 1:.nEnts (8) Geo. C1Üulston vlarehouse (9) Union Recrional l:edical Center Use 0.04 0.03 2-G. WATER SALES TO OTHER WATER SYSTEMS list all systems supplied water through existing interconnections (reatllar and emergency). t I M Mark the locations 0 connect ons on the System aD. 1 2 3 4 5· Water supplied to: Average Daily Amount Contract Amount Pipe Size(s) RorE Water System PWSID MGD # ot Davl MGD EXDlratlon Date Inches Union County 01-90-413 1.0** 3** 3.0 I Sept.2020 1? E , .. . \ , -, ... . ¡: ANOTE Column 5 R=Regular Use, E=Emergency Use ** Estimate 2-H. What is the Tolal Amounl ot Sales Contracts tor Regular Use? o MGD e SYSTEM NAME NC Division of Water Resources, Water Supply Planning Section, P C of l·bnroe _SID 01'-90-010 687 Raleigh NC 27611-7687. (919) 733-4064 Part 1 Page 2 e Local Water Supply Plan - Part 1: Water Su_~m Report for Calel1ùar Year 1997 - Page 3 It e SECTION3:W~PPLYSOURCES e 3-A. SURFACE WATER List suñace water source information. Mark and label locations of intakes on the System Map. e 1 2 3 4 5 6 7* 8· 9 10· Name of Drainage Is Average Daily Maximum Day Available Supply Facility limiting Useable Area Withdrawal Sub-Basin Withdrawal Withdrawal Daily Output On-Stream Raw R Stream and/or Reservoir Metered? Water Supply or Square " #of Capacity Type of Storage E Miles Y/N MGD Days MGD MGD Qualifiel MGD Facility Million Gallons Lake Twitty 34.4 y Rocky River' 2,000 R plus plus Lakes Lee/rbnroe 51.6 N Rocky River 690 R ", 'Ibtal 86.0 y 7.0 365 10.5 12.7 SY50 11.0 T 2,690 R ·NOTES Column 7 Supply Qualifiers: C=Contract amount, SY20=20-year Safe Yield, SY50=So-year Safe Yield, F=20% of 7Q10 or other ¡nstream flow requirement, T=Treatment plant capacily. Column 8 Type of Facility: R=Raw water pumps, T-Treatment facilities, M=Transmlssion maIn, D=Distribution system, O=Other (specify) Column 10 R=Regular Use, E=Emergency Use 3-B. What is the Total Suñace Water Supply available for Regular Use? 12.7 MGD (see 3-A.7 aOOve) 3-C. Does this system have off-stream raw water supply storage? X> No 0 Yes Useable Capacity 0 Million Gallons 3-0. WATER PURCHASES FROM OTHER WATER SYSTEMS list all systems that can supply water to this system through existing interconnections (regular and emergency). Mark the locations of the connections on the System Map. 1 2 3 4 5* Water supplied by: . Average Daily Amount Contract Amount Pipe Size(s) RorE Water System PWSID MGD # of Days MGD Expiration Date Inches Union County , 01-90-413 2.0 1 unsrecifiel Sept 2020 12 E . , , ., .Ii ·NOTE Column 5 R=Regular Use, E=Emergency Use 3-E. What is the Total Amount of Purchase Contracts available for Regular Use? None MGD (Do not include emergency use connections in total) SYSTEM NAME City of l-bnroe PWSID 01-90-010 NC Division of Water Resources, Water Supply Planning Seciion, PO Box 27687 Raleigh NC 27611-7687, (919) 733-4064 Part 1 Page 3 Local Water Supply Plan - Part 1: Water Supp' 'ystem Report for Calendar Year 1997 - Page 4 3-F. GROUND WATER list well information. Mark and label the location of all wells on the System Map. 1 2 3 4 5 6 7 8 9 10 11- 12· Name or Number Well Casing Screen Well Pump Is Average Daily Maximum 12-Hour Facility limiting of Well Depth Depth Depth Diameter Intake Well Withdrawal Day Supply Daily Output R Depth Metered? for Days Used. Withdrawal or . E Feet Feet Top BoUom :' Inches Feet Y/N MGD #of MGD Million Capacity Type of Feet Feet Days Gallons MGD Facility N/A .. .. " . , :; , . ·NOTES Column 11 Type of Facility: R=Raw water pumps, T=Treatment facilities, M-Transmlssion main, D=Distributlon system, O=Other (specify) Column 12 R=Regular Use, E=Emergency Use . 3-G. What is the Total 12-Hour Supply of all wells available for Regular Use? 3-H. Are ground water levels monitored? 0 No 0 Yes 3-1. Does this system have a wellhead protection program? 0 No 0 Yes million gallons How often? o Under development e SYSTEM NAME NC Division of Water Resource ,Water Supply Planning Section, P C· of l-bnroe _SID 01-90-010 87 Raleigh NC 27611-7687, (919) 733-4064 Part 1 Page 4 e Local Water Supply Plan - Part 1: Water Sup. 3-J. WATER. TMENT PLANTS List all WTpalUding any under constructlo Water Treatment Plant Name Permitted Capacity MGD stem Report for Calendar Year 1997 - Page 5 2/31/97. Mark and labelloca. on the System Map. Source(s) e John Glenn Water Filtration Plant 11.0 lrn Lak.e Twitty (plus Lakes Lee and ~bnroe) 3-K. What is the system's finished water storage capacity? 6.25 Million Gallons II " ~.o = Clearwell at WTP 4.25 ='Elev. storage in system ~ SECTION 4: WASTEWATER INFORMATION 4-A. list Average Daily Wastewater Discharges by Month or 199 nMiIIlon a ons per ay (MG * ( ~ . (Jøc:: Average Daily Discharge Average Daily Discharge Average Daily Discharge Average Daily Discharge Jan 9.21 Apr 8.73 Jul 7.19 Oct 6.64 Feb 10.14 May 6.99 Aug 6.46 Nav 6.63 Mar 9.06 Jun 6.64 Sep 6.20 Dee 7.15 J 71 . G II D D) 4-B. List all Wastewater Discharge and/or land Application Permits held by the system. Mark and label points of discharge and land application sites on the System Map. 1 2 3 4 5 6 NPDES Permitted Capacity Design Average Annual or land Application Dec. 31.1,997 Capacity Daily Discharge Name of Receiving Stream Sub-Basin Permit Number MGD MGD MGD NC0024333 9.0 9.0 7.17 Hichardson Creek ',Rocky Ri ver . NC0080381 N/A* \ N/A 0.35 Ste\.¡arts Creek Rocky River ." .. "': * Treated Filter Bac~ïNash Water SYSTEM NAME City of t-'bnroe PWSID NC Divis/on of Water Resources, Water Supply Planning Section, PO Box 27687 Raleigh NC 27611-7687, (919) 733-4064 01-90-010 Part 1 Page 5 Local Water Supply Plan - Part 1: Water Supr . <)ystem Report for Calendar Year 1997 - Page 6 . . 4-C. List al Wastewater IS arge n erconnec ons WI o er sys ems. a an a e e oca Ions 0 connec ons on e System ap. 1 2 3 4 Average Daily Amount Contract Wastewater Discharger Wastewater Receiver Discharged or Received Maximum Name PWSID Name PWSID MGD # of Days MGD Union County 01-90-413· Cïty of l-bnroe 01-90-010 1.26 365 :.1.95 *NOTE: Wingate and 1 arshville are Union County . wholesale cm tomers and ar e not d1rectly connected to City of Monrc e's system. D' ch I t ti 1h th Mrk dlblth I r f ti Ih M 4-0. Number of sewer service connections: 6879 4-E. Number of water service connections with septic systems: 1264 \,' 4-F. Are there plans to build or expand wastewater treatment facilities In the next 10 years? 0 No <KYes Please explain. Expand the existing M::>nroe wastewater treatrœnt facility fran 9M;D to 12. 5~rn in 1999-2000. SECTION 5: WATER CONSERVATION and DEMAND MANAGEMENT ACTIVITIES 199.gmlles * 1992 Plan mistakingly reported às. 240: . 5-A. What is the estimated ~otal miles of distribution system lines? mi les . 5-B. list the primary types and sizes of distribution lines: Asbestos Cement (AC) Cast Iron (CI) Ductile Iron (01) Galvanized Iron (GI) Polyvinyl Chloride(PVC) Other" Size Range 6" - 12" 4"- 10." 8" - 30" 2" 2" - 12" Estimated % of lines '20% . 5% 20% 20% 3·5% - 5-C. Were any lines replaced in 1997? .No o Yes 5-D. Were any new water mains added in 1997? ONo .Ye; 5-E. Does this system have a program to work or flush hydrants? ONo ¡Yes 5-F. Does this system have a valve exercise program? .No o Yes linear feet 42 ~'300 . f: linear feet How often? 6IrD How often? e SYSTEM NAME NC Division of Water Resources, Waler Supply Planning Section. P . ty of l-"Dnroe .SID 01'-90-010 687 Raleigh NC 27611·7687, (919) 733-4064 P::!rt 1 P::!ne R e . local Wdler S¡ Plan - Part 1: Water se1em Report for calendar. 1997 - Page 7 5-G. Does this system have a cross-connection control program? 0 No . Yes 5-H. Has water pressure been inadequate in any part of the system? e .No o Yes Please explain. .No OYes' Vllhat type of equipment or methods are used? ONo .Yes Please explain. Voluntary Restrictions in 1993 .No aYes Please attach a copy. !' .'No OVes 5-1. Does this system have a leak detection program? 5-J. Has water use ever been restricted since 1992? 5-K. Does this system have a water conservation plan? 5-1. Did this system distribute water conservation information in 1997? 5-M. Are there any local requirements on plumbing fIXture water use which are stricter than the NC State Building Code? . No 0 Yes i," Please explain. 5-N. Does this system have a program to encourage replacement or retrofit of older, higher water-use plumbing fixtures? . No 0 Yes 5-0. Does this system have a water shortage or drought response plan? 0 No . Ves eYes Please attach a copy. years o Increasing Block 5-V. Are there meters for outdoor water use, such as irrigation, which are not billed for sewer services? 5-P. Is raw water metered? aNa 5-Q. Is finished water output metered? ONo 5-R. Do you have a meter replacemeni program? ONo 5-S. How many meters were replaced in 19971 150! 5-T. How old are the oldest meters in the system? 20+ , 5-U. What type of rate structure is used? o Decreasing Block . Flat Rate ,eYes eYes meters o Seasonally Adjusted ONo eYes .". of meters . Other + min. charqe by rœter size 35 5-W. Doe~ this system use reclaimed water or plan to use it within the next five years? o No eYes .". of connections TBD TBD = UNDER STUDY, TO BE DEl'EPNlliED TBD MGD SECTION 6: SYSTEM MAP .r; , Review, correct, and return the enclosed system map Check Plot to show the present boundaries of the water distribution system service area, points of intake and discharge, wells, water and wastewater treatment facilities, and water and wastewater interconnections with other systems. Also, show any proposed points of Intake or discharge, wells, water and wastewater facilities, water and wastewater interconnections, and future service area extensions. Use symbols shown on the attached map. Nal'E: No Change SYSTEM NAME City of l'bnroe PWSID 01-90-010 NC Division of Water Resources. Water Supply PlannIng Section, PO Box 27687 Raleigh NC 27611-7687. (919) 733-40R" I"'~of 1 P~n" 7 Page 8 LOCAL WATER SUPPLY PLAN Part 2: Water Supply Planning Report Completed By: Russell Colbath, P.E. WATER SYSTEM: City of Monroe Date: 9/30/00 PWSID: 01-90-010 e SECTION 7: WATER DEMAND PROJECTIONS "'Year-Round Seasonal (if applicable)* '"Please list the months of seasonal demand: 1997 2000 2010 2020 .' 23,051 24,422 29,136 33,922 N/A N/A N/A N/A 7 -A. Population to be Served 7-B. Projected Average Daily Service Area Demand in Million Gallons 1997 2010 Table 2-D (1) Residential .6 1.73 2.07 2.41 (2) Commercial 0.82 0.90 1.21 1.63 (3) Industrial 3.0 3.30 4.43 5.96 (4) Institutional 0.2 0 2 (5) Backwash 0.35 0.38 0.49 0.65 (6) Unaccounted-for water 0.98 0.92 0.96 1.25 (7) Service Area Demand [sum (1) thru (6)] 7.00 7.45 9.45 12.3 7-C. Is non-residential water use expected to change significantly through 2020 from current levels of use? )DNo c%>Yes If yes, please explain: 7-0. FUTURE SUPPUES List new sources or facilities to be added and mark locations on the S 1 2 Source Type: Surface, Ground, or Purchase Source or Facility Name PWSID 4 Year On-Une 5* R New Water Supply N/A Under Study Under Stud or E 2015 R *NOTE R=Regular Use, E=Emergency Use TBD= TO BE DETERMINED 7-E. What is the Total Amount of Future Supplies available for Regular Use? TBD MGD 7-F. FUTURE SALES CONTRACTS List new sales to be made to other systems. 1 2 3 4* Water supplied to: Contract Amount and Duration Pipe R Size(s) or System Name PWSID MGD Year Begin Year End Inches E None ·NOTE R=Regular Use, E=Emergency Use 7 -G. What is the Total Amount of Future Sales Contracts for Regular Use? N/ A MGD -... _. . . _.. - ..----_... .-.. --.... ---- .-.-. --- .--. Local Water Supply Plan X Part 2: Water Supply Planning R.ep~rt X Page 9 SECTION 8: FUTURE WATER SUPPLY NEEDS e Local governments should maintain adequate water supplies to ensure that average daily water demands do not exceed 80% of the available supply. Completion of the following table will demonstrate whether existing supplies are adequate to satisfy this requirement and when additional water supply will be needed. ' 8-A AVERAGE DAILY DEMAND AS PERCENT OF SUPPLY AvailabÎe Supply, MGD 1997 2000 2010 2020 (1) Existing Surface Water Supply (Item 3-8) 12.7 12.7 12.7 12.7 (2) Existing Ground Water Supply~Jltem 3-G), /-..... 0 0 0 0 " (3) Existing Purchase Contracts (Item 3-E) 0 0 0 0 (4) Future Supplies (Item 7-E) - - 0 0 TBD e (5) Total Available Supply [sum (1) thru (4)] 12.7 12.7 12.7 12.7** Average Daily Demand, MGD 1\ * Unde Study (6) Service Area Demand (Item 7-8, Line 7) 7.00 7.45 9.45 12.3 (7) Sales Contracts (Item 2-H) (1) (1) (1) ( 1) (8) Future Sale~ Contracts (Item 7-G) - - - - (9) Total Average Daily Demand [sum (6) thru (8)] 7.00 7.45 9.45 12.3 55.1% 58.7% 74.4% 96.7% (10) Demand as Percent of Supply = [(9) )(5)] x 100 % % % % (11) Additional Supply Needed to Maintain 80%, MGD = [(9») 0.80 ] - (5) 0 0 0 2.68 System Notes: (1) See Appendix 8-8. Does Line 10 above indicate that demand will exceed 80% of avaDable supply before the year 2020? If yes, you are requested to attach a specific plan that should include the following: .w No Xj{Yes e (1) Plans for obtaining additional water supply before demand exceeds 80% of available supply. The sooner the additional supply will be needed, the more specific your plans need to be. (2) A demand management program to ensure efficient use of your available water supply (for example, conducting water audits at least annually to closely monitor water use; targeting large water customers for increased efficiency; modifying water rate structures; identifying and reducing the amount of leaks and unaccounted-for water; and reusing reclaimed water for non-potable uses). (3) Restrictive measures to control demand if the additional supply is not avaRable when demand exceeds 80% of available supply, including: ¿ Placing a moratorium on additional water connections until the additional supply is available. e ¿ Amending or developing your water shortage response ordinance to trigger mandatory water conservation as water demand approaches the avaDable supply. SYSTEM NAME City of Monroe PWSID 01-90-010 NC Division of Water Resources, Water Supply Planning Section, PO Box 27687 Raleigh NC 27611·7687, (919) 7'33-4064 Part 2 Page 9 Local Water Supply Plan X Part 2: Water Supply Planning Report X Page 10 8-C. Are peak day demands expected to exceed the water treatment plant capacity by 2010? <Þ No . Yes If yes, what are YClur plans for increasing water treatment capacity? See Appendix e .- -~... Wi' . . ,.-- 8-0. Does this system have an interèonnection -with 'another system capable of providing water in an emergency? <Þ No . Yes If not, what are your plans for interconnecting (or please explain why an interconnection is not feasible or not necessary). e 8-E. Has this system participated in regional water supply or water use planning? . No <Þ Yes Please describe. 8~F. List the major water supply reports or studies used for planning. Currently being developed e SECTION 9: TECHN~ALASS~TANCENEEDS ,- Is technical assistance needed: 9-A. to develop a local water supply plan? 9-8. with a leak detection program? 9-C. with a demand management or water conservation program? 9-0. with a water shortage response plan? 9-E. to identify alternative or future water supply sources? 9-F. with a capacity development plan? 9-G. with a wellhead or source water protection plan? 9-H. with water system compliance or operational problems? 9-1. with Consumer Confidence Reports? .No <ÞYes .No <ÞYes e . No <Þ Yes .No <ÞYes <ÞNo . Yes .No <ÞYes .No <ÞYes .No <ÞYes .No 4> Yes e SYSTEM NAME Ci ty of Monroe PWSID 01-90-010 NC DMsion of Water Resources, Water Supply Planning Section, PO 8ox27687 Raleigh NC 27611-7687, (919) m-4064 Part 2 Page 10 e e e e e Local Water Supply' Plan - Part 2: Water Supply Planning Report - Page 11 9-J. Please describe any other needs or issues regarding your water supply sources, any water system deficiencies or needed . improvements (storage, treatment, etc.), or your ability to meet present and future water needs. Include both quantity and quality considerations, as well as financial, technical, managerial, pennitting, and compliance issues. ' 'mE CITY WIT.J.. ~'""'TE A STRÞ..'IEGIC {']AmP. SUPPLY PLAN IN THE NEXT 'n~ YEARS ro IDENTIFY ALL RE:LEVANT NATER QUALITY AND QtIANTITy ISSUES THAT ~ACT FrpJRE SERVICE. . - .. ... , Please note: Local water supply plans can be revised or updated at any time and submitted to the North Carolina Division of Water Resources after the changes have been approved by the local governing board. SYSTEM NAME City of Monroe PWSID 01-90-010 NC Division of Water Resources, Water Supply Planning Section, PO Box 27687 Raleigh NC 27611-7687. (919) 733-4064 Part 2 Page 11 City of Monroe Water Resources Department 1997 Local Water Supply Plan Appendix e Response to Numbered Items 7-A: Population projections are derived 1Ì"om State Planning office data. In 1997 Monroe contained 22% of Union' County's population. This % has been relatively constant over the past 10 years. This percentage was then used to project .the year 2000, 2010, and 2020 populations. 7-B: Demand projections for residential customers are made using a gpcd of 71.1 (1997 e actual data) and the population projections trom 7-A. Commercial, industrial, and institutional demands are much more difficult to project. Monroe has seen an overall demand growth in the past 5 years of just under 3%. Therefore, demands for these customer classes are projected using (1+I)n with 1=3%, and n =to 3,10,and 20 respectively for year 2000,2010, and 2020. 7-B5: Backwash usage has averaged 6.2% over the past 5 years. This percentage is used to project future backwash consumption. e 7-B6: Unaccounted for water was 17.3% of all other uses in 1997. The City is adopting an aggressive meter change out program to reduce this %. AWWA recommends unaccounted for water be kept at 10% or below. Monroe's goal is to achieve this %. As a result it is believed the unaccounted for water will decrease in the future. Therefor, 15% is used for year 2000, and 12% thereafter. 8-A4: ¡he City of Monroe is currently evaluating three options for future supply. · Reclaimed water: The City has developed a preliminary plan for the direct re- use of up to 3 MGD of treated effluent. A map showing the preliminary system layout is attached. A consultant study (RFP attached), is underway to refine this concept. e · Purchase of finished water trom Union Co.: Pricing for purchase of2.0 MGD capacity in the upcoming Catawba WTP expansion has been request trom Union County (see attached letters). · New surface impoundment on Richardson Creek: A study to construct a new reservoir on Richardson creek was completed in the late 1980's. The City is re-examining the feasibility of this project to increase future supply. 8-A7: In 1994 Union County discontinued taking water supply trom the City of Monroe, in effect breaching the intent of the contract. The 1974 contract for providing up to 3 MGD of supply to Union County was poorly written and contained no provision for e financial commitment trom Union to maintain this 3 MGD capacity "in reserve". Therefor it would not be reasonable for Monroe to incur the cost of holding this capacity e e e e e in reserve given the fact that Union developed the Catawba supply and discontinued service with Monroe. The fact that Monroe,is requesting supply capacity ftom Union (8- A4 above), points out the obsolescence of this contract. Additionally, Union County's draft Water Master Plan shows all future supplies coming ftom the Catawba WTP and Anson County. As a re~lt, no demand amount is shown in this line item. Essentially, the regular supply contract that was initially negotiated has turned into an "emergency" supply contract. 8-B 1: See discussion undër 8-A4. ' ' ,~ 8-B2: Our largest customers have ongoing water conservation programs to ensure water use efficiency. Also, reclaimed water plans are included in 8-A4 above. Leak audits will be implemented in the future Ïfunaccounted for water stays above 12%. 8-B3: Water shortage response plan is in place and has been submitted to the State. 8-C: The next production increment will be determined based on the outcome of 8-A4. City of Monroe Water Resources Department Reclaimed Water Use Feasibility Study Project 01-04 Request For Proposal Background: The City of Monroe has conducted a preliminary evaluation for using reclaimed wastewater as a future water resource. First, the City has looked at reclaimed water with the goal of offsetting potable and raw lake water demands through direct re-use. Work performed to-date includes:··· - .- · Initiation of WWTP improvements that will position the City to meet all NCDENR regulatory requirements for reclaimed water quality. Additionally, WWTP improvements will provide electrical and suction supply stub-outs for a reclaimed water pump station. Improvements are being çompleted as part of a WWTP expansion scheduled for completion early in 2003. . · Analysis of existing customer potential for conversion to reclaimed water direct re-use: City ofMonore Golf Course (raw lake water) Existing Industrial Process Water Supply Existing Dedicated Irrigation Meter Accounts And Other Landscape and Bulk Water Uses 0.1 MGD Total 1.5 MGD · Preliminary pumping, storage and distribution system layout (sized for 3.0 MOO) , including preliminary capital cost analysis. (See attached map and table) 0.5 MGD 0.9 MGD Second, the City has developed a preliminary concept needing further analysis whereby reclaimed water would be used as a recharge supply into one of the City's three surface water impoundments, Lake Lee. Water ITom Lake Lee and Lake Monroe (see attached map) is used to augment peak demands ITom Lake Twitty, the location of the City's potable supply intake. Inter- basin transfers between these impoundments are performed using a raw water transfer pump station with a firm capacity of5.0 MGD. The recharge concept would involve pumping reclaimed water through a constructed wetland on City owned property on Richardson Creek (see map) and allowing it to co-mingle with natural runoff flowing into Lake Lee. The wetland facility would be adjacent to a future City recreation complex of athletic fields (offering direct re-use potential), and could be developed as a environmental education facility. The wetlands capacity would be approximately 2.5 MGD. The City is seeking proposals :fÌ"om qualified engineering firms to evaluate and refine the concepts presented above into a "Reclaimed Water Feasibility Study". The scope of work for this study will include, but not be limited to the following tasks: Task # 1. Complete a comprehensive feasibility analysis of direct reclaimed water use as a water resource for the City of Monroe. Final study will be used to present findings to NCDENR, Monroe City Council, and citizens of Monroe. Primary objective will be to maximize the offset of potable and raw lake water demands. e e e e e e e 1.4 1.5 1.6 1.7 1.1 Prepare å detailed survey of all potential reclaimed water users. City will provide GIS coverage and database of all dedicated inigation and industrial accounts. Analyze specific water quality and regulatory requirement for each type of user. In conjunction with City staff conduct interviews with top 10 potential reuse customers. Quantify initial and potential long term demands. Provide a detailed discussion and analysis of all reclaimed water regulatory considerations and requirements related to WWTP effiuent quality and distribution system design and operation (down to the residential customer level). Develop and present marketing arid public information/education strategies and materials designed to gain wide spread acceptance of reclaimed water use. Discuss reclaimed water rate setting strategies. Provide examples ftom at least three municipalities of public information materials and rate schedules. Evaluate and refine the pumping, storage, and distribution system concepts and cost estimates developed by City staff Discuss opportunities for State funding through grants and loans. Meet with State to discuss final report. Provide examples ftom at least three municipalities of reclaimed water use ordinances and reuse customer agreements. Present and discuss operational and system management considerations and concerns. 1.2 1.3 Task #2. Refine and develop the wetlands/Iake augmentation concept discussed herein into a format that can be presented to NCDENR for comment. The objective will be to obtain preliminarr comments ftom the State concerning their requirements to further demonstrate this concept. e 2.1 Compose brief synopsis describing recharge concept for submittal to State. 2.2 Discuss potential water quality enhancements related to the wetlands treatment concept. 2.3 Discuss water quality impacts on Lake Lee and to Rocky River basin as a whole. 2.4 Discuss issues related to planned potable re-use. 2.5 Develop conceptual schematic for wetlands facility. 2.6 Present ideas for integrating environmental education facilities into wetlands facility. 2.7 Develop preliminary cost estimates for all facilities. 2.8 Discuss opportunities for State funding through grants and loans. Meet with State to discuss concept. e ProDosal Format. The following information should be submitted with each proposal. Proposal shall be limited to ten pages in length. · Composition of project team, with qualification, background, and home office of each member. · Recent project team experience working on direct potable re-use and wetlands projects with similar complexity and scope. · Project approach and methodology for each task to be completed. · . Project fee proposal with estimates broken down by task one and two. · Availability of team to start study and complete within time constraints below. e The deadline for submitting proposals for this project is October 25th, 2000. It is the City's intent to select a consultant within 5 working days of this date. The proposed schedule is to complete the study within 120 calendar days trom notice to proceed. Please submit proposal and/or direct questions to: . Russell Colbath, P.E. City of Monroe Water Resources Director P.O. Box 69 Monroe, N.C. 28111-0069 e-mail ièOlbath@monroenc.org 704-282-4601 e ,~. e e e e City of Monroe Water Resources Department e Reclaimed Water System Preliminary Cost Estimate Improvement Table 1. High Service Pump Station Firm Capacity 3 MGD Lump Sum $750,000 1 $750,000 .. No.2 Elevated Storage Tank (1.0 MG) , Lump Sum $1,300,000 1 $1,300,000 No.3 16" Water Line Feet $85 3,300 $280,500 e No.4 12" Water Line Feet $60 20,000 $1,200,000 No.5 8" Water Line (Phase 1) Feet $45 25,000 $1,125,000 8" .Water Line (Phase 2) Feet $45 18,000 $810,000 No.6 6" Water Line Feet $40 6,500 $260,000 No.7 2" Water Line Feet $20 10,000 $200,000 No.8 Automated Bulk Fill Stations EA $50,000 2 $100,000 Sub Total $6,025,500 Contingency, Engineering, ROW 15% $903.825 e e lBJJe,·~··œ ,k.I\.*)~{~J -~ : ¡ ¡ ¡:I:¡ I ~~~~~r-~~ ~~ I :î.' Jill __.~ :"-1).. ... i I ~ ~ ~~ I. 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J>..' · 1 <J ~ _. -rr '1" ¡;~ /~~\'\\<liq-~/ .£~'" \ :: \ez\System\russ .dwg IIII b I I I I b "I "I i\ ~ . -~-_. e t;) ~~ e e CHAPTER 53: WATER DISTRIBUTION SYSTEM Section General Provisions ~ . - - -..-=: ..... ,'. ...., 53.01 Unauthorized taking of water 53.02 Inspection of building water e plumbing 53.03 Limitation of.liabiIity 53.04 Damage to city water system facilities 53.05.., Relocation of existing city-owned facilities 53~06 Extension of public or private water mains 53.07 Definitions e Water Service 53.15 . . Authority to operate valves to cut on or cut off water service 53.16 Unlawful to resell water without consent of city 53.17 Regulation of use of bypass 53.18 Service limits of service connections and meters defined 53.19 . Master water cut-off to be furnished by property owner 53.20 Right of entry e Service Connections 53.35 Size of meter for a service connection 53.36 Application for and installation of water service connection 53.37 Fire line service connections 53.38 When connections required Cross-Connection Control e 53.50 Definition 53.51 Backflow protective devices 53.52 Testing of backflow protective devices 41 Fees and Charges; Deposits 53.65 New service 53.66 User charges 53.67 Discontinuance of service for nonpayment 53.68 Statement left unpaid upon move to new location 53.69 Payment of cost of repairs for damage to water system Emergency Drought Response 53.75 Declaration of policy, purpose and intent 53.76 Non-essential water use 53.77 Responses to moderate, severe, and extreme drought alert phases 53. 78 Water rates 53.79 Further emergency measures 53.80 Enforcement 53. 81 Variances 53.82 Tennination of drought alert 53.99 Penalty GENERAL PROVISIONS § 53.01 UNAUTHORIZED TAKING OF WATER. It shall be unlawful for any person to take water from a fire hydrant or any other source fed by the city, without the written consent of the Director of Water Resources. (Ord. paSsed 8-16-94) 42 Monroe - Public Works . § 53.02 INSPECTION OF BUILDING WATER PLUMBING. All work performed in the construction or repair of the building water plumbing, defi~ed as the piping and valves between the city's meter for that service and the building and including piping in the interior of the building, shall satisfy all laws and regulatory requirements including provisioBS of the· North Carolina Building Code, Section IT Plumbing. All such work shall be performed and approved under a plumbing permit issued by the Union County Inspec- tions Department. The city may discontinue water service to a building for which this provision has not been met. ' (Ord. passed 8-16-94) § 53.03 LIMITATION OF LIABILITY. , The city shall not be liable to consumers, owners, or any other person for the failure to furnish water for any purpose or under any conditions, or for any damage which may result from the shutting off of water from any wåter main or reservoir, even though no notice may have been previously given. All applications for water service or continued use of water service are subject to this condition. (Ord. passed 8-16-94) § 53.04 DAMAGE TO CITY WATER SYSTEM FACILITIES. -. Nopersonshalldwmage,dd~e,oræmperwith any reservoir, pipe, valve, hydrant, meter, meter box, or other fixture or appurtenance of the city's water system, or obstruct access by city personnel to any part of the system. (Ord. passed 8-16-94) § 53.05 RELOCATION OF EXISTING CITY -OWNED FACILITIES. Relocation of existing city-owned water facilities for the benefit of a private individual, firm, partnership, corporation, or other legal entity shall be subject to the approval of the city. All such relocation approved by the city shall be performed in accordance with the city's conditions at the expense of the private _ beneficiary. ., (Ord. passed 8-16-94) § 53.06 EXTENSION OF PUBLIC OR PRIVATE WATER MAINS. (A) Any person desiring to extend the city's public water system to a new subdivision through the construction of new water mains for public dedication shall comply with the provisions of the city's sub- division ordinance and the regulations of the state. e (B) Any person desiring to extend a new water main for public dedication along a public right-of-way to serve an existing subdivision shall comply with the provisions of the city's Water & Sewer Extension Policy and the regulations of the state. (C) Any person desiring to extend a city service .;. connection as a private water main which is defined - by the state as an extension of a community water e system shall comply with the regulations of the state. (Ord. passed 8-16-94) § 53.07 DEFINITIONS. For the purposes of this Ordinance, the following definitions shall apply: AESTHETIC WATER USE. Potable water use for ornamental or decorative purposes such as fountains, reflecting pools, and water falls. e COMMERCIAL and INDUSTRIAL WATER USE. Potable water use integral to the production of goods and/or services by an establishment having financial profit as their primary aim. CONSERVATION. Reduction in water use to prevent depletion or waste of the resource. CUSTOMER. Any person, company, or organi- zation using potable water supplied by the city. \ e DOMESTIC WATER USE. Potable water use for personal needs or for household purposes such as Water Distribution System . . drinking, bathing, heating, cooking, sanitation, or for a C,leaning a residence, business, industry, or institu- "tlOn. DROUGHT ALERT PHASES. MODERATE DROUGHT. When the safe stream yields within the city's water supply water- sheds combined with potable âhd usable raw" water storage is not sufficient to maintain a 120 day water reserve to meet nonna! water use by all customer classes. e SEVERE DROUGHT. When the safe stream yields within the city's water supply water- sheds combined with potable and usable raw water storage is not .sufficient to maintain a 100 day water reserve to meet nonna! use by all customer classes. EXTREME DROUGHT. When the safe stream yields within the city's water supply water- sheds combined with potable and usable raw water _storage is not sufficient to maintain a 70 day water erve to mee~ nonna! water use by all customer sese ESSENTIAL WATER USE. Potable water used specifically for firefighting, maintaining instream flow requirements, and to satisfy federal, state, or local public health and safety requirements. EVEN-NUMBERED ADDRESSES. Street addresses, box numbers or rural route numbers ending in 0, 2, 4, 6, 8 or letters A-M; and locations .ithout addresses. INSTITUTIONAL WATER USE. Potable water used by government, public and private educational institutions, churches and places of worship, water utilities, and other lands, buildings and organizations within the public domain. LANDSCAPE WATER USE. Potable water used to maintain gardens, trees, lawns, shrubs, flowers, athletic fields, rights of way and medians. .- NORMAL WATER USE. For residential customers, normal water use shall be based on 9,000 gallons per month; for commercial, institutional, industrial and agricultural customers, nonnal water 43 use shall be determined for each customer on an individual basis, and will be based on water use for the preceding 12 month period prior to the invoking of this chapter. ODD-NUMBERED ADDRESSES. Street addresses, box numbers or rural route numbers ending in 1, 3, 5, 7, 9 or letters N-Z. POTABLE WATER. Water treated and supplied by the city. USABLE RAW WATER. Total impounded raw water in Lakes Twitty, and Monroe, less nònnal system losses and allowances for evaporation, sediment accumulation in the lakes, and treatment plant backwash water. WATER SHORTAGE. Lack of adequate available water to meet normal demands due to lower than normal precipitation, reduced stream flows or soil moisture, and/or lowering of the potentiometric surface in wells which causes water supplies to be less than nonnal. (Ord. passed 8-16-94) WATER SERVICE § 53.15 AUTHORITY TO OPERATE VALVES TO CUT-ON OR CUT-OFF WATER SERVICE. No person, except authorized employees of the city, shall operate any valve on a city water main or on a service connection on the supply side of the water meter, except that a licensed plumber may operate the valve in the city's meter box on a service connection to cut-off flow in an emergency where serious personal injury or property damage is threatened. (Ord. passed 8-16-94) § 53.16 UNLAWFUL TO RESELL WATER wrmOUT CONSENT OF CITY. No person, partnership, finn, company,icorporation, or other legal entity shall resell water 44 Monroe - Public Works . purchased from the citý without the written consent of the Director of Water Resources; except that water from the city may be used and incorporated into a manufactured or bottled product for retail sale to the extent permitted by law. (Ord. passed 8-16-94) § 53.17 REGULATION OF US~ OF BYPASS~ No person shall construct a bypass around any water meter unless approved in writing by the Director of Water Resources. No person other than an employee, or agent of the city engaged in the testing or repair of a meter shall operate a valve located on an approved bypass. (Ord. passed 8-.16-94) § 53.18 SERVIÇE LIMITS OF SERVICE CONNECTIONS 'AND METERS DEFINED. (A) Each billed water account shall have a separate water" meter used for the purpose of determining the åmount of water used for the purpose of billing. A single legal entity shall be responsible for payment of each account. Each separate meter shall be located on a separate service connection and subject to the connection fees of the city for new installation. Further, no service connection shall provide water service to more than one parcel of property, althougþ more than one service connection may be authorized' for service within a single parcel of property. (B) Where a property is developed for leasing to several tenants, whether for residential or commercial purposes, one or more service connec- tions each with a master water meter may be installed for which the property owner is responsible for the account. No account shall be in the name of a tenant unless a water service connection is separately provided and metered for the sole use of that tenant. (Ord. passed 8-16-94) § 53.19 MASTER WATER CUT..QFF TO BE FURNISHED BY PROPERTY OWNER. e Each property owner shall furnish a master water cut-off for the building service lateral installed as required by the North Carolina Building Code, Section II Plumbing. (Ord. passed 8-16-94) § 53.20 RIGHT OF ENTRY. The city shall have the right to go in or on any property where water service is provided by the city for the purpose of reading water meters, inspecting or testing water service connections or water meters, or for the purpose of inspecting or testing backflow prevention devices. (Ord. passed 8-16-94) e SERVICE CONNECTIONS § 53.35 SIZE OF METER FOR A SERVICE CONNECTION. e ,. All meters shall be sized such that the consumer's normal consumption is within the normal flow limits established for the meter size by standards of the American Water Works Association. The Director of Water Resources may regulate the size of meter allowed for a new or existing service con- nection to enforce this provision, including changing the meter size in an existing service connection. The city will not be liable for any reduction in pressure resulting from the change of meter size. If a request for a change in meter size is proposed by the consumer, and the city concurs that such change is within the nonnal flow limits defined above, fees within the city's fee schedule shall apply. If the change in meter size is initiated by the city, no fees shall be due. (Ord. passed 8-16-94) e e Water Distribution System . § 53.36 APPLICATION FOR AND _ INSTALLATION OF WATER SERVICE ., CONNECTION. (A) Any person desiring a. service connection between the city's water system and a building shall make application for and receive the approval of the city for such connection, including payment of all connection fees. '"", . ... (B) Upon approval of an application for a new or renewal water service connection, the city shall _ provide for the installation of a service connection of ., the size approved, including a tap òn the public water main, pipe, and meter box with valve, meter, and pipe for plumbing connection. (C) The meter box shall be located within the right-of-way or easement adjacent to the property being served.· . (Ord. passed 8-16-94) _ 53.37 FIRE LINE SERVICE CONNECTIONS. - APprov~ applications for service connections dedicated exclusively for fire protection shall include a metering device or a detector check valve approved by the National Fire Protection Association for such purpose. Connection fees and monthly service fees shall be as defined in the City Customer Service Policy, installation shall be as defined in the city's Standards for Water System Construction. (Ord. passed 8-16-94) e§ 53.38 WHEN CONNECTIONS REQUIRED. Any person owning a house or building or other place of human habitation or occupancy within the corporate limits upon a lot which abuts or adjoins a public street, public alley, or public utility easement, along which is located a city water main accessible within 200 feet of such lot shall make application for a water service connection between such house, building, or other place of human habitation or Accupancy, except when an existing house occupied ~y a single-family unit is being supplied water by an existing well located on the same lot' as the house. (Ord. passed 8-16-94) 45 CROSS-CONNECTION CONTROL § 53.50 DEFINITION. A CROSS-CONNECTION is defined as any unprotected physical connection, submergence, or limited air gap between a potable water system or outlet and a non-potable or contaminated liquid source which could result in contamination of the public water supply through backsiphoning or backpressure which would deem the public water supply unsafe or unhealthy for human consumption. The definition herein of a cross-connection shall include the defini- tion stated in the regulations of the N.C. Department of Health, Environment & Natural Resources. (Ord. passed 8-16-94) § 53.51 BACKFLOW PROTECTIVE DEVICES. All new or repaired water services shall have installed a backflow protective device designed to protect the public water system from cross-connection to the degree of the health hazard. The degree of health hazard for a given water service shall be determined by the Director of Water Resources. The type of backflow protective device used shall be appropriate for the degree of hazard and shall be installed as part of the service connection or the building water plumbing as defined in the city's Standards for Water System Construction. (Ord. passed 8-16-94) § 53.52 TESTING OF BACKFLOW PROTECTIVE DEVICES. Backflow protective devices designed for high hazards shall be tested for proper operation by and at the expense of the water user at intervals and through procedures, including reporting requirements, defined in the city's Cross-Connection Control Policy adopted by City CounciL Devices which are not successfully tested shall be repaired or replaced and retested until operating successfully. Failure to provide for such testing, repair, and reporting, following notification 46 Monroe - Public Works . . by the city and a reasonable amount of time for completion, shall result in discontinuance of water service until compliance is achieved. (Ord. passed 8-16-94) FEES AND CHARGES; DEPOSITS ·....i~ § 53.65 NEW SERVICE. Any person desiring new wate~. service or a change in existing water service shali comply with the procedures and pay the charges and deposits according to the Fee Schedule for Water Service adopted by the City Council and on file in the office of The City Clerk. When new water service is desired to a lot for which no service connection has previously been rnáde to serve the building for which service is requested, all procedures and fees associated with New Service Connections in the Fee Schedule shall also be paid and complied with. (Ord. passed 8-16:-94) § 53.66 USER CHARGES. User charges shall be levied on all water users based upon water meter size and water meter readings and shall be paid on or before the date specified on the bill and in accordance with the City Customer Service Policy. Delinquent fees shall be levied on payments made after the due date. User charges and delinquent fees shall be as provided in the Fee Schedule for Water Service adopted by the City Council and on fIle in the office of the City Clerk. (Ord. passed 8-16-94) § 53.67 DISCONTINUANCE OF SERVICE FOR NONPAYMENT. In the event that the user charges and delinquent fee are not paid on or before the final due date, city . utility services shall be discontinued on the order established in the City Customer Services Policy adopted by the City Council. Water serVice shall be discontinued when defined by this policy. (Ord. passed 8-16-94) § 53.68 STATEMENT LEFT UNPAID UPON MOVE TO NEW LOCATION. Any person who, having lived at a particular location and upon moving from this location leaves an unpaid statement of charges for water, shall pay such statement as if he were still living at the original location. In the event he fails to pay, services shall-be discontinued at the new location as defined in § 53.67. (Ord. passed 8-16-94) §53.69 PAYMENT OF COST OF REPAIRS FOR DAMAGE TO WATER SYSTEM. Any person who violates the provisions of § 53.04 of this chapter by damaging, defacing, or tampering with city water system facilities shall be charged for the actual cost of repair in additión to other remedies provided by the city code. If such person has an active utility account with the city, such costs shall be added to the bill for utility services and failure to pay shall subject the person to the same penalties as otherwise provided in this chapter for nonpayment of user charges. (Ord. passed 8-16-94) EMERGENCY DROUGHT RESPONSE § 53.75 DECLARATION OF POLICY, PURPOSE, AND INTENT. (A) Purpose. To achieve the greatest public benefit from domestic water use, sanitation, and fire protection, and to provide water for other purposes in an equitable manner, and to prevent depleting the water supply to the extent that water-use for human consumption, sanitation, fire protection, and other e e ,e ~ e e . . Water Distribution System 47 e essential needs become endangered, the city adopts the following regulations and restrictions on the delivery and consumption of potable water. (B) This chapter is hereby declared necessary for the preservation of public health, safety, and welfare and shall take effect upon its adoption by the Council... . .... (C) Whenever the city is experiencing a moderate drought, severe drought, or extreme drought, as those tenns are defmed herein, the City e Manager is required to inform :the Mayor, who is authorized to proclaim that such drought conditions exist and to implement the conservation measures provided ~ .this chapter for such drought. (D) Immediately upon the issuance of such a Proclamation, regulations and restrictions set forth under this chapter shall become effective and remain in effect until the water shortage is terminated and the Proclamation rescinded. a (E} Water uses, regulated or prohibited under ~is chapter, are considered to be non-essential and continuation of such uses during times of water shortages are deemed to constitute a waste of water, subjecting the offender(s) to penalties. (F) The provisions of this chapter shall apply to all customers of the city, excluding local governments furnished water for the purpose of resale. (Ord. passed 8-16-94) e § 53.76 NON-ESSENTIAL WATER USE. (A) Non-essential water use categories, other than essential water use, may be curtailed during severe or extreme drought. (B) Some examples of non-essential water uses follows: (1) Residential and institutional: e (a) Washing down sidewalk, walk- ways, driveways, parking lots, tennis courts, or other hard surfaced areas. 1996 Repl. (b ) Washing down buildings or structures for purposes other than immediate fire protection. (c) Flushing gutters or permitting water to run or accumulate in any gutter or street. (d) Washing any motorbike, motor vehicle, boat, trailer, airplane, other than vehicle in public or private garages or elsewhere. (e) Maintaining fountains, reflection ponds, and decorative water bodies for aesthetic or scenic purpóses, except where necessary to support aquatic life. (f) Filling or maintaining public or private swimming pools. (g) Sprinkling lawns, plants, trees, and other flora on private or public property, except as otherwise provided under this chapter. (2) Commercial and Industrial: (a) Serving water routinely in restaurants . (b) Increasing water levels in scenic and recreational ponds and lakes, except for the minimum amount required to support fish and wildlife. (c) Irrigating golf courses and any portion of its grounds, except as otherwise provided under this chapter. (d) Obtaining water from hydrants for construction purposes, fire drills, or for any purpose other than ftrefighting. (e) Serving customers who have been given a 10 day notice to repair one or more leaks and has failed to comply. (f) Expanding commercial car washing and nursery facilities, placing new inigated agricultural land in production, or planting or landscaping when required by site design review process. 48 Monroe - Public Works , . (g) Washing down sidewalks, walkways, driveways, parking lots, tennis courts, or other hard surfaced areas. (h) Washing down buildings or structures for purposes other than immediate fire protection. (Ord. passed 8-16-94) -....., § 53.77 RESPONSES TO MODERATE, SEVERE, AND EXTREME DROUGHT ALERT PHASES. (A) Goals. The goals for water use reduction in each Phase are as follows: . (1) Moderate Drought Alert Phase. A voluntary reduction in nonna! water use of fifteen percent for residential, agricultural, commercial, industrial, institutional, and electric power genera- tion. (2) Seyere Drought Alert Phase. A reduction in normal water use of 15 % for residential, agricultural, commercial, industrial, institutional, and electric power generation purposes. (3) Extreme Drought Alert Phase. A reduction in normal water use of thirty percent for residential, agricultural, commercial, industrial, institutional, and-· electric power generation purposes. (B) General Responses. (1) A notice of drought conditions on water supply and demand will be issued in the news media. This notice will include a list of non-essential water uses, water use restrictions or water use curtailment measures as appropriate to the current drought alert phase. (2) Water use restrictions: customers are to comply with the listed water use restrictions and curtailment measures in all categories which include, but are not limited to, those listed in § 53.77 (C), (D),(E) of this chapter. (C) Moderate Drought Alert Phase. (Compliance is voluntary) (1) Commercial, Industrial and Institutional : e (a) Reduce aesthetic, domestic, land- scaping, and water-based recreational activities such as swimming pools, water slides, and óther related water activities. (b) Eliminate all automatic irrigations. (2) Residential: (a) Reduce water use to 75 gallons per person per day, and a maximum of 300 gallons per household per day. e (b) Reduce domestic, landscaping, and water-based recreational activities such as swimming pools, water slides, and other related water activities. ( c) Eliminate all automatic irrigations. (D) Severe Drought Alert Phase. (Compliance is required) -e .. (1) Commercial, Industrial Institutional: and (a) Prohibit aesthetic water use. (b) Reduce domestic water use to minimum levels necessary to maintain health and safety. (c) Limit water-based recreational activities to new facilities that require tilling such as swimming pools, water slides, and other related water activities. e (d) Use low-volume hand-held applications only and prohibit sprinklers, other remote devices, and water runoff in landscape design and maintenance. (e) Restrict landscape watering to Wednesday and Saturday for odd-numbered addresses, and Thursday and Sunday for even- numbered addresses. e (2) Electric Power Generation. Water Distribution System . . (3) Residential: e (a) Restrict water use to 75 gallons per person per day, and a maximum of 300 gallons per household per day. , (b) Limit water-based recreational activities to new facilities that require fllling~uch as swimming pools, water sliãês, and 'Other related water activities. e (c) Use low-volume hand-held appli- cations only and prohibit sprinklers, other remote broadcast devices and water runoff in landscape design and maintenance. . '. . (d) Restrict landscape watering to Wednesday and Saturday for odd-numbered addresses, and Thursday and Sunday for even- numbered addresses. (E) Extreme Drought Alert Phase. (Compliance is required) e (1;' Commercial and Industrial: (a) Prohibit aesthetic water use. (b) Reduce domestic water use to minimum levels necessary to maintain health and . safety. (c) Limit water-based recreational activities to new facilities that require filling such as .. swimmin~ .~ools, water slides, and other related . water actIvItIes. (d) Use low-volume hand held appli- cations only and prohibit sprinklers, other remote broadcast devices, and water runoff in landscape design and maintenance. ( e) Restrict landscape watering to Wednesday and Saturday for odd-numbered addresses, and Thursday and Sunday for even- e numbered addresses. (2) Electric Power Generation. (3) Institutional: 49 (a) Prohibit aesthetic water use. (b) Reduce domestic water use to minimum levels necessary to maintain health and safety. (c) Limit water-based recreational activities to new facilities that require filling such as swimming pools, water slides, and other related water activities . (d) Use low-volume hand-held appli- cations only and prohibit sprinklers, other remote broadcast devices, and water runoff in landscape design and maintenance. (e) Restrict landscape watering to Wednesday and Saturday for odd-numbered addresses, and Thursday and Sunday for even- numbered addresses. (4) Residential: (a) Restrict water use 55 gallons per person per day, and a maximum of 220 gallons per household per day. (b) Reduce domestic water use to minimum levels necessary to maintain health and safety. (c) Prohibit water-based recreational activities that require filling such as swinuning pools, water slides, and other related water activities. (d) Use low-volume hand-held appli- cations only and prohibit sprinklers, other remote broadcast devices, and water runoff in landscape design and maintenance. (e) Restrict landscape watering to Wednesday and Saturday for odd-numbered addresses, and Thursday and Sunday for even- numbered addresses. (Ord. passed 8-16-94) so Monroe - Public Works § 53.78 WATER RATES. (A) In the event of a severe drought related water shortage, the City Manager is hereby authorized to monitor water use. Domestic water use above the prescribed limit in this chapter will be subject to a surcharge of $O.ooS per gallon. Institu- tional, commercial, industrial, and recreational water users will be subject to water use sQ.t'charges of $S.OO per 1,000 gallons of water used if the IS % reduction' requirement is not met, or if the City Manager deems that adequate conservation measures have not been implemented. (B) In the event of an extreme drought related water shortage, the City Manager is hereby authorized to monitor water use. Domestic water use above the preséÍ'ibed limit of this chapter will be subject to a surcharge of $O.OOS per gallon. Institu- tional, commercial, industrial and recreational water users will be subject to water use surcharge of $S.OO per 1,000 gallons of water used if the 30 % reduction requirement is not met, or if the City Manager deems that adequate conservation measures have not been implemented. ., (Ord. passed 8-16-94) § 53.79 FURTHER EMERGENCY MEASURES. In the event that the preservation of public health and safety is threatened, the City Council will take further action as tbey deem necessary. (Ord. passed 8-16-94) § 53.80 ENFORCEMENT. Law officers of the city of Monroe Public Safety Department shall, in addition to duties imposed by law, diligently enforce the provisions of this chapter. They shall have the power and authority to issue written notices to appear when violations of this chapter occur during any declared moderate, severe, or extreme drought or water shortage. (Ord. passed 8-16-94) § 53.81 V ARlANCES. (A) Persons not capable of immediate water use restriction, or curtailment, because of equipment damage or other extreme circumstances, shall com- mence gradual reduction of water use within 24 hours of the declaration of water use curtailment/reduction and shall apply for a variance from curtailment. e (B) Persons requesting exemption from the provisions of this chapter shall file a petition for variance with the City Manager within 10 days after such curtailment becomes effective. The City Manager shall respond to requests for variance within five days of receipt of information or within 20 clays of declaration of the curtailment, whichever comes first. Petitions shall contain the following: e (1) Name and address of the petitioner(s). (2) Purpose of water use. (3) Specific provision from which the petitioner is requesting relief. e (4) Detailed statement as to how the cur- tailment declaration adversely affects the petitioner. (S) Description of the relief desired. (6) Period of time for which the variance is sought. (7) Economic value of the water use. (8) Damage or hann to the petitioner or others if petitioner complies with chapter. e (9) Restrictions with which the petitioner is expected to comply with the compliance date. (10) Steps the petitioner is taking to meet the restrictions from which variance is sought and the expected date of compliance. (11) Other pertinent information. e - Water Distribution System . . (C) In order for a variance to be granted, _ petitioner must show one or more of the following _ conditions: (1) Compliance with tbis chapter cannot be technically accomplished during the duration of the water shortage. (2) Alternative methodS can be' , ÙIl- plemented which will achieve the same· level of reduction in water use. _ (D) The City Manager may, in writing, grant ., temporary variance for existing water uses otherwise prohibited under this chapter if it is determined that failure to grant such variances would cause an emergency ·çondition adversely affecting health, sanitation, or fire protection for the public or the petitioner and if one or more of the aforementioned conditions is met. The Council may ratify or revoke any such variance at their next scheduled meeting. Any such variance so ratified may be revoked by later action of the Council. - (E) No' šuch variance shall be retroactive or _therwise justify any violation of this chapter occurring prior to the issuance of the variance. . (F) Variances granted shall be subject to the following conditions, unless waived or modified by the City Manager. (1 ) Variance . granted shall include a timetable for compliance. e (2) Variance granted shall expire when the water shortage no longer exists, unless the petitioner has failed to meet specified requirements. (Drd. passed 8-16-94) § 53.82 TERMINATION OF DROUGHT ALERT. The Mayor is authorized to proclaim an end to anyone phase of the drought alert or to the drought .ert in total and to all or any part of the restrictions Imposed when the following conditions have been verified by the City Manager: 51 (A) Moderate Drought Alert Phase. May be ended when the combined potable and usable raw water storage equals a 140 day water reserve and a 10 day continuous stream flow is monitored in Stewart and Chinkopin Creeks. (B) Severe Drought Alert Phase. May be ended when the combined potable usable raw water storage equals a 130 day water reserve and a five day continuous stream flow is monitored in Stewart and Chinkopin Creeks. (C) Extreme Drought Alert Phase. May be ended when the combined potable and usable raw water storage equals a 110 day water reserve. (Ord. passed 8-16-94) § 53.99 PENALTY. (A) In addition to the surcharge and sanctions provided herein, violators of any provision of this chapter shall be subject to the penalties of § 10.99. (B) After issuing one warning by certified mail, the City Manager may disconnect the water service of any person or customer whenever it is determined that such person has failed to comply with the provisions of this chapter. Service disconnect under such circum- stances shall be restored only upon payment of a re- connection charge, hereby established at $15.00 and any other costs incurred by the city in discontinuing service. In addition, suitable assurances must be given to the person or customer that the same shall not be repeated during the drought or water shortage. (Drd. passed 8-16-94) 52 . . ,.. ....-~ Monroe - Public Works -) " e ("_.L. ..- "'-.-" .'. e e e e e Section CHAPTER 54: LAKES J_ - ~;:.. ,.~'.. 54.01 Definitions ~.". . . 54.02 Adoption by reference of watershed regulations of North Carolina Division of Environmental Health Floating docks . . Boats for hire prohibited; exception Pollution prohibited Firearms . . . Boating or fishing near dams Prohibited activities Hours of operation; fees Duties of Superintendent of Water Treatment Fishing Fishing; permits and fees . Boating e 54.03 54.04 54.05 54.06 54.07 54.08 54.09 54.10 54.11 e 54.12 54.13 § 54.01 DEFINITIONS. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: CITY LAKES. The area consisting of the impounding water basins established by the city for Ce purpose of providing a municipal water supply for e city together with the lands located within the riparian boundaries of the city lakes within the watershed of each lake. ('84 Code, § 13-1) (Ord. passed 8-16-94) § 54.02 ADOPTION BY REFERENCE OF WATERSHED REGULATIONS OF NORTH CAROLINA DIVISION OF ENVIRONMENTAL HEALTH. e all the watershed regulations of the North Carolina Division of Environmental Health, and such There are hereby incorporated in this chapter 1996 S-2 regulations are expressly made a part of this chapter to the same extent as if copies herein in detail. ('84 Code, § 13-2) (Ord. passed 8-16-94) § 54.03 FLOATING DOCKS. (A) A floating dock not to exceed 16 feet· in length or 16 feet in width, and extend no further than 43 feet from the city's property line on the lake shore, may be built and maintained by adjacent property owners who hold current annual lake permits provided such docks meet all applicable requirements of this article. (B) All boats entering and leaving the lake, including those operated from private docks, must do so at the ramp supervised by the lake inspector; however, private boats may be removed only for stor- age andlor repairs from other points when specifically approved by the Superintendent of Water Treatment. (C) The structure of the docks. including materials, design and construction shall meet all North Carolina drinking water regulations and all engineering standards for safety and structural integrity; further, no material restricted by N.C. regulations from contact with drinking water supplies shall be permitted on any part of the dock in contact with or below the water surface for any dock constructed or modified after March 19, 1996. ('84 Code, § 13-3) (Ord. passed 8-16-94; Am. Ord. 0-1996-06, passed 3-19-96) Penalty, see § 10.99 § 54.04 BOATS FOR lURE PROmBITED; EXCEPTION. No boat or vessel of any kind whatsoever shall be operated for hire or commercial purposes on the City Lakes. ('84 Code, § 13-4) (Ord. passed 8-16-94; Am. Ord. 0-1996-06, passed 3-19-96) Penalty, see § 10.99 53 54 Monroe - Public Works § 54.05 POLLUTION PROmBITED. No person shall pollute the waters of the lake or adjacent shore with any sewage, garbage, rubbish, or waste of any kind, nor shall any gåsoline, oil, or lubricants be used in such a manner as to cause pollution, nor shall any person violate the North. Carolina Watershed Regulatiow·". gòverning.)þe , pollution of a public water supply. ('84 Code, § 13-5) (Ord. passed 8-16-94) Penalty, see § 10.99 § 54.06 FIREARMS. No person may fire a gun or pistol, firecracker or other fireworkS from a boat on the lake or from the shore, and no person shall be issued a permit for fishing or boating, who shall have in his possession any firearm or fireworks of any kind. ('84 Code, § 13-6) (Ord. passed 8-16-94) Penalty, see § 10.99 § 54.07 BOATING OR FISHING NEAR DAMS. No boat or vessel of any type shall be operated nor shall any fishing be permitted within a distance of 500 feet of the spillway and intake of the dams. Further, no boat or vessel may operate nor shall any fishing be permi~ted in other areas of the lake appropriately markèd as prohibited when designated by the Superintendent for the protection of water quality or public safety. ('84 Code, § 13-7) (Ord. passed 8-16-94; Am. Ord. 0-1996-06, passed 3-19-96) Penalty, see § 10.99 § 54.08 PROIllBITED ACTIVITIES. There shall be no wading, skiing, bathing, swimming, or duck hunting. No domestic or fann animals shall be permitted within the lakes or the City-owned property surrounding the lakes. ('84 Code, § 13-8) (Ord. passed 8-16-94) Penalty, see § 10.99 1996 S-2 § 54.09 HOURS OF OPERATION; FEES. (A) Hours of Operation. The Superintendent of Water Treatment shall establish and post at designated entrances to each lake the hours of operation of the lakes for all activities permitted in this chapter. A lake inspector under the direction of the Super- intendent of Water Treatment shall be present at each lake during all hours of operation. (B) Fees. Permits shall be issued by the city for all permitted fishing and boating activities on the lakes permitted by this chapter. Annual permits may be to property owners abutting lake property for the use of household members only; other permits shall be issued on a daily basis. Permits shall not be trans- ferable. Fees for permits shall be collected as estab- lished under a separate Fee Schedule adopted by the City Council and on file in the office of the City Clerk. (Ord. passed 8-16-94) § 54.10 DUTIES OF SUPERINTENDENT OF WATER TREATMENT. e e ~- ;~. (A) The Superintendent of Water Treatment shall be the official custodian of the lakes and "- regulated zones surrounding the lakes. The Super- intendent of Water Treatment may further schedule and direct the activities of on-site lake inspectors for the purpose of observing activities which may require action to enforce the regulations defined in this chapter. (B) It shall be the duty of the Superintendent of e Water Treatment to enforce all rules and regulations promulgated by the City Council. (C) The Superintendent of Water Treatment shall deny admission to the lake area to any person known to have willfully violated any of the prescribed rules and regulations. Persons showing evidence of intoxi- cation shall not be permitted to enter a boat or go upon the lake property, nor will alcoholic beverages be permitted on the reservoir property or in any boat. Persons who are consistently careless in the operation of boats or in their behavior on the lake shall be denied admission to the lake. ('84 Code, § 13-10) e - § 54.11 FISIllNG. e (A) Fishing from the shore or from a boat shall be permitted only in designated areas with adequate sanitation and by permit issued by the Superintendent of Water Treatment or designated inspector. (B) No baskets, trot-line~J)r special devices or hooks will be permitted. HookS and linésshall· be only permitted method of fishing. . (C) There shall be no picnicking, cleaning or ecooking of fish within fifty feet of high water line. (D) Property owners holding valid and current annual permits may permit up to ten guests outside of the immediate family to fish on a particular day from the shore adjacent to the owner's property or from an approved floating dock provided that each guest has obtained a fishing permit for that day from the lake inspector and provided that all city and state regulations are consistently met. Compliance with _ese regulations by such guests is the responsibility the property owner and annual permits may be evoked by the Superintendent of Water Treatment if this responsibility is not met. ('84 Code, § 13-11) (Ord. paSsed 8-16-94; Arn. Ord. 0-1996-06, passed 3-19-96) Penalty, see § 10.99 § 54.12 FlSIllNG; PERMITS AND FEES. (A) Each permit shall be issued subject to _evocation or cancellation by the Superintendent of ~ ater Treatment upon any violation of the holder of such permit of any rule or regulation governing fishing upon the city lakes. (B) No permit shall be issued to any person who has knowingly violated any rule or regulation governing fishing or hunting upon the city lakes and all rules or regulations governing permits for fishing shall be kept posted at the place where such pennits are issued. Each person receiving a permit shall be eequired to familiarize himself with all posted rules and regulations governing fishing at or upon the lake. The burden of familiarizing himself with the rules and regulations, whether conùng within the rules and 1996 S-2 Lakes 55 regulations of the North Carolina Division of Environmental Health and/or of the General Statutes of North Carolina shall be upon the person seeking and obtaining such permit. The Superintendent of Water Treatment is required to post a copy of these rules and regulations within the building or outside the building where any boat landing is located at each lake to the end that persons seeking and receiving such permit shall familiarize themselves with the provisions thereof. (Ord. passed 8-16-94) § 54.13 BOATING. (A) The operation of vessels or boats of any type on the lakes shall be only by pennit issued by the city. and such operation shall be at the risk of the user or users and shall be subject to all federal and state laws, rules and regulations, and shall also be subject to the rules herein set forth. (B) No boat permit shall be issued for any boat or vessel of any type which the Superintendent of Water Treatment fmds to be in an unsafe condition or finds in such condition that it may adversely affect the quality of the water in the lake. (C) No boat or vessel greater than 20 feet in length shall be pennitted on the lake, except for special purposes approved by the City Council and by state agencies when appropriate, no houseboat of any type whatsoever shall be permitted on the lake. (D) No rafts, hydroplanes or racing hulls will be permitted on the lake. (E) No boat or vessel of any type shall be propelled by a motor having a horsepower rating in excess of 20 horsepower. (F) Sailing craft may be used on Lake Twitty during hours designated by the Superintendent of Water Treatment. These times and days of the week may be changed at the discretion of the Super- intendent of Water Treatment. No sailing craft shall be permitted on Lake Lee or Lake Monroe. (G) No person under sixteen years of age shall operate any motorized boat or vessel of any type. The 56 Monroe - Public Works . . number of children under the age of 12 years in any boat or vessel may not exceed three, and in no case shall there be more than two children under twelve years per adult in any boat or vessel., e (H) Every person operating or riding in any boat or vessel of any type shall at all times wear an approved life preserver, and it shall be'the respen- sibility of the operator of such boat or vessel to make certain that all persons in such boat comply with this rule. Every boat used shall meet U.S. Coast Guard Standards . e (I) Every operator of any boat or vessel of any type shall at all times have in his or her possession the boat permit i~sued by the Superintendent of Water Treatment or his" designated lake inspector for that particular boat or vessel. " (1) No boat or vessel of any type will be permitted to be tied up, anchored or left on the lake premises overnight, unless the boat owner is present on the premises. . . e (K) No person shall operate a boat in such a manner as to endanger' passengers of other craft. (L) Excessive speed or recklessness will not be tolerated. (M) Speed of all boats or vessels of any type shall be reduced to'"1O miles per hour within all coves and when approaching the official docks, any bridge or any congested area. ('84 Code, § 13-13) (Ord. passed 8-16-94; Am. Ord. 0-1996-06, passed 3-19-96) Penalty, see § 10.99 e e -, 1996 S-2 .... ................ ....... Lv [\ (\ 1'- :D ~ Îj;) -f 1"'-: .~ Q~ ~ ~ ~-ç èJ f:1 t;" ":'-- '-'~ e:-;¡ t:;). e~ h). e e· ...' .~ ~ t~ :t: h-¡ ~~ -.. r- ~ ~ :þ ..,..--< rr¡ l"ì} , . . .. - 'J( . CJ). -i h'¡ ~ ). -I - t:) '-f ~ ·0 --¡ ::> ~ ~ -i c :;= c- ~ ..... '~.J '"'- ~ s:::- ""11 '- r- ~ ~ ~. - - -- ~ sJ ., tI) ::r: ~ Q' c:. ;b ~ Þl -.I ..!. r Q. - <- ç- tï ~ -: -..: ...:> :::::: '11 ~ ~ >- - -.. ' - - . '":"\ . .. i .' . . . r-.~~...::. .. ., J !. . ":.. t! . ¡ I H \ ¡ 17 N ',: /Ï'3, U . . r; ~,..... / : I /,f-~fr ~ .-/ :~- ¡j ~ f';-¡. .,' ~ J li' I '<::) .;r:-\.. . r 6 J~j ~ ...:_ .¡',' AJ -~i -' .;~- ~311n --- :: \ . t '. J (:) I;; Ict:: · f\1 t ;; -1 :;vl~ . " -\ 7J . D : °11: . .j ~ I :~ · ¡ '- . I ., !. I ~ ;;;-:!:. · I C~, I ". I ë r ~ ,...~ \ ":;'~:1 v I -i i' Q .Õ i;~f\ ·1 > ' - ",: _ 1 :; >.- · I ; -: t) ~~~ . . . .... ... .;..:~ ~ U\ _ -t C{\ ~ ........ "')r,. t:> \11 . ~ ~ .tt¡ ~ C1\ ...... ~ ~. r- ft) t11 ~. , ~~ "'- Ì' .:::. 6' f"r) À\. ).). -J "- ~ ~ <. - t" o 1"': "";'¡ -{ ~ o ~ o (j~ '0 Ms Ì'¡ r"':' - -.- - - - , -- - - .. .... .... o ( ÇJ ~: Q ;::- t. - ,... - 2, rr-/ ~--- - ---~. .. . - .. . -.......- -:... . . --.".,- . . . \ ....::.. . . .=!... . . I . . . ~ ~ ~ .'. .0' -~- - - -= ~ ;!J G ~ -i - < Ç\ ........__.....__ ..__ .00 . , ! ~;d -m 1::~ Ç\=f tl')tr1 o - -~- ,~:..-~... -~----:.. 1/' \ .// \/ ~ y. ....~. "~ ,.~ \:.,~ . \~ '-. ,. \ '. .'\ ,. \ ''''. ~ \ ~ .., ;, : ," \. \ \ . , . \. \\ ii . , . "Tfi~. .;:. ..- .. e e e e e e CITY OF MONROE P.O. BOX 89 . MONROE, NORTH CAROUNA 28111.Q08S FAX 704-283-9098 August 3, 1999 Mr. Jon Dyer Director e Union County Public Works Re: Water Supply Issues e e e Dear Jo~ It has been a pleasure getting to know you over the past month. I believe that our styles and perspectives on water and wastewater issues will be beneficial to our agencies. I also share your feelings that we need to work closely on finding the best ways to serve our water and wastewater customers. I enjoyed touring the Catawba River treatment facility. It looks like it is a well run and maintained operation. Pursuant to our conversations, the City of Monroe would like to explore the feasibility and cost of participating with Union County in developing additional long term water supply. The City has funded several studies for this fisçal year to examine water supply ftom several of our resources. These studies will examine additional expansion at our Lake Twitty plan~ development òf a package membrane plant on Lake Lee, and groundwater development. We also plan to look at reclaimed water as a future résource beginning next year. We are however very interested in examining both the Ca~wba system and Anson County system as potential additional supplies. The timing of your water master plan update is ideal for this purpose, and I appreciate you identifying us as a stakeholder in this process. For purpose of your master plan scope of work, we would like to explore feasibility and costs for the following supply volumes and time line: On Line By May 2002 May 2005 May 2010 Daily Capacity 1.0 MGD 2.5 MGD 4.0 MGD Our intent would be to take delivery of these volumes through the existing connections our systems share. Upgrades on our inftastructure to accept these flow volumes should not be included in the master plan analysis. , _~ ,t ~ We wouJd 'be interested in purStrlng a ctistn"bution of these suppJy volumes based on ... either 100% Catawba or 100% Anson County supply, or a 50/50 split between the two. . We would also like to explore both the "take or pay" supply arrangement that is common to many water supply agreements, or a percentage "ownership" arrangement similar to our east side sewer contract w~ere fixed costs for debt is paid separate from O&M costs. I hope I have provided you with adequate detail to assist in developing the master plan scope of work Let me know j,fJ can. provide any additional information. I look forward to working with you on-this anáother projects. Sincerely, ~.~ Russell Colbath, P.E. e c: Jerry Cox Allen Killough D4, Union County Water Agreements - e e .- e e e e e , I CITI OF MONROE P.O. BOX 69 . MONROE. NORTHCAROUNA28111..Q069 FAX 704-283-9098 August 22, 2000 ...,,' Mr. Jon Dyer I>uector , Union County Public Works Re: Water Supply Capacity Request I>ear Jon, Thank you for taking time to meet with myself and John Milliken yesterday to discuss water supply issues. This letter supercedes the correspondence that I sent to you on August 3, 1999, concerning purchase of water supply capacity :fi:om Union County. First, r wish to thank you for allowing me the OPPOrtunity to participate as a stakëholder in your water/sewer master planning process. In the year that has expired since my initial correspondence to you, I have refined the request as presented below. This revision is based on our numerous discussions, re-analysis of our needs, and recognition of the shortcomings of our current water supply agreements. ' Our request for procuring future water supply ITom Union County is summarized as follows: " · Purchase treatment and transmission capacity of 2.0 MGI> in the upgraded Catawba water delivery system consistent with the improvements outlined in your draft water master plan. (estimated to be available Summer 2003). · Take delivery of this purchased capacity through existing system interconnects. · Contractual financing arrangements similar to our existing sewer contract where fixed costs for debt service would be separate ITom operating cost allowing "reserved" capacity to be maintained. I think: we agree that this is the most equitable arrangement for both parties and the best way to allocate the financial risk. The benefits to your utility £rom the above arrangement would be to reduce your debt service commitment on facility improvements that will not be demanded for many years. This will offset your short-term revenue requirements and should be considered in your upcoming rate study. I respectfully request a cost proposal :fi:om you at your earliest convenience based on the above information. '-. 'f " Mr. John Dý~r August 22, 2000 Page 2 Concerning our existing water supply agreement, we both recognize the limitations and obsolescence in the structure of the contract. I believe· the recommendation of Jeff Crook, to revise this a~eement~b~d on our water supply purchase request, may clean up this problem. However, we are prepared to honor the contract as we interpret it, namely, supply up to three million gallons per day subject to the demands of in-City customers being met. I believe that the ùn-reasonableness of requiring a dedicated three million gallon capacity to be held in reserve at all times, without any financial commitment trom Union' County, will be upheld if challenged. Particularly· given the lack of water purchases by the County trom Monroe in the past six years. Nonetheless, we will supply you with whatever quantity we can should you need it. .. In placing a monetary value on our existing contract, I asked that you consider the following: · The actual future benefit you will receive trom this agreement if left in place. · How the treatment of tbis issue will effect the possibility of a joint water/sewer authority to serve the County's citizens. · The level of financial commitment the County had to make as part of the contract. · How you would address this issue with one of the out of county entities that, you currently share contractual agreements with, whether as a new or re-negotiated agreements. I thank you in advance for your prompt response to this request and look forward,to your reply. Let me know if I can provide any additional information. Sincerely, ~ Russell Colbat~ P .E. C: John Milliken Jeff Crook, Union County Staff Attorney W4, Union County Water Agreements e e e e e "Exhibit B" Agreement Number: 50-0467 -07X e REIMBURSABLE AGREEMENT BETWEEN DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AND THE CITY OF MONROE, NORTH CAROLINA WHEREAS, the Federal Aviation Administration, hereinafter referred to as the FAA, is in a _osition to furnish directly or by contract supplies, equipment, and services which City of Monroe, North Carolina, hereinafter referred as the Airport Owner, requires, has funds available for, and has determined should be obtained from the FAA; WHEREAS, 49 USC Section 106(1)(6) authorizes the FAA to enter into such contracts to carry out the functions of the Administrator and the Administration. NOW THEREFORE, the FAA and the Airport Owner mutually agree as follows: .TICLE I -Title and Description of Proiect . The airport owner has requested the FAA perform engineering services in connection with the relocation of the Automated Surface Observation System (AS OS) Central Data Processing Unit (ACU) to an existing electrical vault. The project titled "Relocate the ASOS ACU at Monroe Municipal Airport, Monroe, North Carolina" is described below. For this project, the FAA and the Airport Sponsor shall furnish the following services, supplies, and equipment at the dollar amounts indicated. . B. The FAA will perform the following services, at the airport owner's expense: e 1. Relocate ASOS equipment cabinet from the 2nd floor of the Nesbit Building (a.k.a. the round building) to the sponsor's electrical vault. 2. Relocate the ASOS UHF datalink and VHF ground-to-air antennas. 3. Provide for relocation of all telecommunication circuits. 4. Provide a dedicated electrical outlet for the equipment cabinet. 5. Prepare a no-cost lease (with a hold harmless environmental clause) request based on legal descriptions and lease drawina provided by the Airport for the new location of the ASOS equipment cabinet. 6. Modify any FAA engineering drawings effected by the relocation. e Agreement Number: 50-0467 -07X e C. The Airport Owner will: 1. Provide the physical space for the ASOS equipment cabinet, including three feet both in the front and rear of the cabinet space for maintenance access. 2. Provide for heating and air conditioning in the electrical vault. 3. Provide a dedicated circuit breaker space in an electrical panel located in the electrical vault where the ASOS cabinet is to be relocated. 4. Prepare no-cost lease documents, including the lease drawings and legal descriptions for the ASOS cabinet. 5. Provide for guaranteed National Weather Service access to the ASOS ACU for scheduled and unscheduled maintenance. e The estimated FAA costs associated with this project are as follows: 1. Electronic Engineering $ 6,600 2. Electronics Installation $ 13,200 3. Installation Material $ 1,150 e 4. Telecommunication circuits $ 4,025 5. Rental Costs $ 2.875 Subtotal: $ 27,850 26% Administrative Overhead $ 7,241 Agreement Total: $ 35,091 E. No services or supplies, other than listed above, will be furnished under this agreement. F. Washington furnished materials are not required for this project. G. There are not materials storage requirements under this agreement. H. Schedule AlB equipment, locks and cores are not required. /. The FAA will charge the Airport Owner for administrative overhead at the current rate of 26%. e e Agreement Number: 50-0467 -07X I e J. The estimated amounts that should be charges against the project, by fiscal year, are: FY'01 (10/1/00 - 9/30/01) FY '02 (10/1/01 - 9/30/02) $ 35,091 $0 ARTICLE II - Period of Aareement . -The agreement is estimated to last 2 years. It will be effectivé on the date of the last signature below, and be considered complete when the final bill has been paid. ARTICLE III - Reimbursement, Performance. and Accountina Arranaement A. The Airport Owner will reimburse the FAA quarterly for the project costs incurred by the FAA in fulfilling the terms under this agreement provided. However, that upon revocation _ of the agreement as provided herein the Airport Owner will reimburse the FAA for all costs _ incurred up to that time as a result of this agreement. B. In determining the costs to the FAA, there shall be included general administrative overhead cost based on the current rate of 26% of the project costs. This overhead represents the cost to the FAA of those indirect expenses which are a part of the cost of overhead agency operations. The overhead rate shall be adjusted automatically and without the necessity for formal amendment upon issuance of revised rates under FAA Acquisition Manual Bulletin FB 95-09 issued August 28, 1995. If the rate is revised, it will be effective beginning the first full billing cycle after the effective date of the rate change. AC. The FAA hereby assigns the responsibility for the accomplishment of this agreement to .. the Southern Region. The Accounting Division is identified by the FAA as the billing office for this agreement. Their mailing address is: Federal Aviation Administration Accounting Operations Branch, ASO-22 P.O. Box 45719 Atlanta, Georgia 30320 Telephone; (404)305-7040 e - --- --~, Agreement Number: SO-0467-07X I D. The Airport Owner hereby identifies the office to which the FAA will render bills for the project costs incurred as: Mr. Jim Lloyd Director of Engineering City of Monroe P. O. Box 69 Monroe, North Carolina Telephone; (704)282-4529 E. Billing will be made by FAA on SF-1114. The Reimbursable Bill Support List (a summary of cost by object class) will accompany all bills. F. Estimates as contained in Article I are expected to be maximum, but may be adjusted to recover the FAA's actual costs. If during the course of this agreement, actual costs are expected to exceed the estimated costs by 10%, the FAA will notify the Airport Owner as soon as this is known in order to initiate an amendment to the agreement. In the event that actual costs exceed the FAA estimate, the Airport Owner will pay actual costs plus the required overhead. Similarly, if the actual costs are less than the FAA estimate, the Airport Owner will pay only the actual costs plus the required overhead. G. Payments for billing are due within 30 days of receipt. Late charges will be assessed on delinquent payments at a rate based on the then current value of funds to the United States Treasury. Late charges will be assessed in 30-day increments for each 30-day period or portion thereof that payment is delayed. ARTICLE IV - Amendment Any change in the supplies, equipment, or services to be furnished, or their associated costs under this agreement shall be formalized by an appropriate written amendment to the agreement which shall outline in detail the exact nature of the change. ARTICLE V - Effective Date This agreement supersedes any previous reimbursable agreements between the parties on the subject matter set forth in Article I and is effective on the date of the last signature below. e e e e e Agreement Number: SO-0467-07X e ARTICLE VI - Revocation This agreement may be revoked at any time by either party upon 30 days advance written notice. ARTICLE VII - Emplovment Ceilim::¡ _ot applicable. . ARTICLE VIII - Liability A. Hold Harmless e The Airport Owner agrees to defend any suit brought against the FAA, or any instrumentality or officer thereof, arising out of work under this agreement. The Airport Owner agrees to hold the FAA, and any instrumentality or officer thereof, harmless against any claim by the Airport Owner or any agency thereof, or any third person, for personal injury, death, or property damage arising out of work under this agreement to the extent that such suit or such claim does not arise from any act or omission by an employee of the FAA acting within the scope of his employment. To the extent that such suit or such claim is alleged to arise from any act or omission by an employee of the FAA acting within the scope of his employment, the provisions of the Federal Tort Claims Act, 28 U.S.C. Section 2671, et seQ., shall control. B. Damages e Except for damage to or destruction of FAA property caused by the FAA or any FAA personnel, the Airport Owner agrees to reimburse the FAA for any damage to or destruction of FAA property arising out of work under this agreement. ARTICLE IX - Funds Availabilitv Not applicable. e ARTICLE X - Skmature Block Agreement Number: 50-0467 -07X I The FAA and the Airport Owner agree to the provisions of this agreement as indicated by the signatures of their duly authorized officers. FEDERAL A VIA TION ADMINISTRA TION BY: TITLE: Mgr, Acquisition & Real Estate Branch DATE: . ,. "r. ~~...., ....,...,,-.I I:""TE" ¡t.,IT;";::=::- T'llS I~I'~;'"·R' I "I 1!-':1'.'-! h" S· '"'r.·,-¡-1 ¡-',··,e;!......·.....1 I l.¡ I. .',_. ,- .....;).. '" ~I_. ..' ~ -- O\'¡-I:!NM"" IT MANNER Rï.::aUIRED BY THE LOCAL G ;:;.í; ¡:¡\ BUDGET AND FISCAL CONTROL ACT. .... -~*!\1~~~--- - CITY OF MONROE, NORTH CAROLINA BY: ~~~ TITLE: C ' .¡. '1 f11 t:U&A5 ~ r . DATE: 2,1 i! ð( e e e e e e e e e e "Exhibit e" AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF MONROE AND THE LPA GROUP OF NORTH CAROLINA, P.A. THIS AGREEMENT is made and entered into this & day of ¡::;'ÕR(.)~~, 2001, by and between the City of Monroe, hereinafter referred to as the OWNER, a d THE LPA GROUP of North Carolina, P.A., hereinafter referred to as the CONSULTANT. WITNESSETH WHEREAS, the OWNER desires to expand the general aviation apron, extend the parallel taxiway, construct an auto parking lot, vehicular access road, and taxiway connectors at the Monroe Municipal Airport. No wetland or stream permitting or mitigation is anticipated for this project. If required, scope and fee will be negotiated under a supplemental agreement. The items described above shall hereinafter be referred to as the PROJECT; and, WHEREAS, the OWNER desires to retain the services of the CONSULTANT to perform the work herein described. NOW THEREFORE, for and in consideration of their mutual benefit, the parties hereto agree as follows: ARTICLE I - SCOPE OF SERVICES SECTION I - BASIC ENGINEERING SERVICES The CONSULTANT shall perform the work outlined in the following phases for the PROJECT. A. PRELIMINARY DESIGN PHASE: This phase involves those activities required for defining the scope of a project and establishing preliminary requirements. Items of work for this phase of a project include: Page 1 of 12 012301 1. Conferring with the OWNER on project requirements, finances, schedules, early phases of the PROJECT, and other pertinent matters; and meeting with concerned agencies and parties on matters affecting the PROJECT; 2. Developing design schematics, sketches, project recommendations, and preliminary layouts and cost estimates. B. FINAL DESIGN PHASE: After authorization to proceed with the Final Design Phase, CONSULTANT shall, on the basis of the accepted Preliminary Design documents: 1. Prepare detailed design plans appropriate to the scope and nature of the PROJECT; 2. Prepare technical specifications appropriate to the scope and nature of the PROJECT; 3. Prepare for review and approval by OWNER, its legal counsel and other advisors, necessary bidding information, bidding forms, the Conditions of the Contract, and the form of agreement between the OWNER and Contractor; 4. Prepare necessary engineering reports and cost estimates; 5. Distribute documents for approvals to FAA, OWNER, State, and other regulatory' agencies; and, 6. Print and provide necessary copies for in-house production of engineering drawings and contract specifications. C. BIDDING PHASE: After authorization to proceed with the Bidding Phase, CONSULTANT shall: 1. Assist the OWNER in advertising for and obtaining bids for each separate prime contract for construction, materials, equipment and services; and, maintain a record of prospective bidders to whom bidding documents have been issued, and receive and process deposits for bidding documents; 2. Assist the OWNER in conducting a pre-bid conference for each separate prime contract to share pertinent bidding and technical information and requirements with prospective bidders; Page 2 of 12 012301 - e e e e e e D. e B. e e 3. Issue addenda as appropriate to interpret, clarify or expand the bidding documents; 4. Distribute sets of bidding documents to prospective bidders and plan offices (Dodge and AGC) during the Bidding Phase; 5. Attend the bid opening, prepare bid tabulation sheets and assist OWNER in evaluating bids or proposals; and, 6. Assist the OWNER in the preparation of formal contract documents for the award of construction contracts. CONSTRUCTION PHASE: Construction phase services are not included in this agreement. Scope and fee will be negotiated at a later date under a Supplemental Agreement. SECTION II - SPECIAUADDITIONAL SERVICES The CONSULTANT shall perform the following Special Services for the PROJECT: A. PROJECT FORMULATION/GRANT SERVICES as necessary to assist OWNER in obtaining State and Federal grants. CONCEPTUAL HANGAR LAYOUT SERVICES as necessary to assist OWNER in determining the desired layout of the maintenance building. C. WETLAND/STREAM IMPACT ANAL YSIS as necessary to identify the location of the wetlands and streams near the end of Runway 5. This delineation consists of office research and fieldwork necessary to define the limits of wetlands and jurisdictional streams (if any). D. TOPOGRAPHIC SURVEY SERVICES as necessary to supplement existing survey data for design. Areas that are not within the limits of existing surveyed limits will be obtained. E. PRE-DESIGN GEOTECHNICAL INVESTIA TION SERVICES as necessary to obtain geotechnical design data for the PROJECT. DBE PLAN SERVICES as necessary to assist OWNER in preparation of an overall disadvantaged business enterprise (DBE) program. This program is required in order to receive Federal funding for the PROJECT. F. Page 3 of 12 012301 G. FAAlNCDOT COORDINATION SERVICES as necessary to assist OWNER in coordinating with FAA and NCDOT in project related issues. H. LAND QUALITY PERMIT SERVICES as necessary to assist OWNER in obtaining an erosion control permit. No other permits are anticipated for construction ofthe PROJECT. I. REPRODUCTION AND POSTAGE associated with copies of reports, contract documents and specifications for use in the Bidding Phase and subsequent Construction Phase. ARTICLE II- PAYMENTS TO THE CONSULTANT The CONSULTANT's compensation for the work described herein shall be as follows: SECTION I - BASIC ENGINEERING SERVICES A. Preliminary Desiqn Phase: As compensation for providing Preliminary Design . Phase Services, the OWNER shall pay the CONSULTANT the lump sum fee of Five Thousand Four Hundred Eighty Seven Dollars ($5,487.00) B. Final Desiqn Phase: As compensation for providing Final Design Phase Services, the OWNER shall pay the CONSULTANT the lump sum fee of Seventy Nine Thousand Sixty Dollars ($79,060.00). C. Biddinq Phase: As compensation for providing Bidding Phase Services, the OWNER shall pay the CONSULTANT the lump sum fee of Four Thousand Seven Hundred Fifty Two Dollars ($4,752.00). SECTION II - SPECIAUADDITIONAL SERVICES A. PROJECT FORMULATION/GRANT SERVICES: As compensation for providing Project Formulation/Grant Services, the OWNER shall pay the CONSULTANT the lump sum amount of One Thousand Seven Hundred Fifty Four Dollars ($1,754.00). B. CONCEPTUAL HANGAR LAYOUT SERVICES: As compensation for providing Conceptual Hangar Layout Services, the OWNER shall pay the CONSULTANT the lump sum amount of One Thousand Nine Hundred Fifty Eight Dollars ($1,958.00). Page 4 of 12 012301 e e e e e e e e e e C. WETLAND/STREAM IMPACT ANALYSIS: As compensation for providing Wetland/Stream Impact Analysis, the OWNER shall pay the CONSULTANT at the hourly rates shown on the attached Exhibit "A". The total estimated cost of Wetland/Stream Impact Analysis is Five Thousand Five Hundred Dollars ($5,500.00). D. TOPOGRAPHIC SURVEYS: As compensation for providing Topographic Surveys, the OWNER shall pay the CONSULTANT at the hourly rates shown on the attached Exhibit "A". The total estimated cost of Topographic Surveys is Three Thousand Dollars ($3,000.00). PREDESIGN GEOTECHNICAL INVESTIGATION SERVICES: As compensation for providing Pre-Design Geotechnical Investigation Services, the OWNER shall pay the CONSULTANT for the direct cost of a subconsultant plus an Administrative Fee of Eight Hundred Twenty Five Dollars ($825.00). The total estimated cost of Predesign Geotechnical Investigation Services, including the Administrative Fee, is Six Thousand Three Hundred Twenty Five Dollars ($6,325.00). E. F. DBE PLAN SERVICES: As compensation for providing DBE Plan Services, the OWNER shall pay the CONSULTANT at the hourly rates shown on the attached Exhibit "A" and the direct cost of a subconsultant. The total estimated cost for DBE Plan Services is Six Thousand Five Hundred Dollars ($6,500.00). G. FAAlNCDOT COORDINATION SERVICES: As compensation for providing FAAlNCDOT Coordination Services, the OWNER shall pay the CONSULTANT at the hourly rates shown on the attached Exhibit "A". The total estimated cost for FAAlNCDOT Coordination Services is Two Thousand Five Hundred Dollars ($2,500.00). H. LAND QUALITY PERMIT SERVICES: As compensation for providing Land Quality Permit Services, the OWNER shall pay the CONSULTANT the lump sum amount of Two Thousand Eight Hundred Fifty Seven Dollars ($2,857.00). REPRODUCTION AND POSTAGE: As compensation for providing Reproduction and Postage Services for distribution to bidders, contractors, and others, the OWNER shall pay the CONSULTANT for the direct cost plus an Administrative Fee of Five Hundred Dollars ($500.00). The total estimated cost of Reproduction and Postage, including the Administrative Fee, is Four Thousand Dollars ($4,000.00). I. Page 5 of 12 012301 SECTION III- PAYMENTS: Payments to the CONSULTANT on account of the above fees are payable upon receipt and are past due thirty (30) days after the date of invoices. Amounts not paid within 30 days of invoice date are delinquent and OWNER e agrees to pay a late payment fee in the amount of 1.0% per month or the maximum late payment fee permitted by applicable law (whichever is less) on any unpaid amount for each month, or fraction thereof, that such payment is delinquent. Invoices shall be submitted monthly for the amount of work carried out in that period. The OWNER shall not retain any amounts due from the CONSULTANT's invoices, nor withhold said invoices pending FAA and/or other agency approval. ARTICLE IV - MISCELLANEOUS PROVISIONS A. ESTIMATES: Since the CONSULTANT has no control over the cost of labor and e materials or over competitive bidding and market conditions, the estimates of construction cost provided for herein are to be made on the basis of his experience and qualifications, but the CONSULTANT does not guarantee the accuracy of such estimates as compared to the Contractor's bids or the PROJECT construction cost. B. EXTRA WORK: It is mutually understood and agreed that the OWNER will compensate the CONSULTANT for services resulting from significant changes in general scope of the PROJECT or its design, but not necessarily limited to, changes in size, complexity, project schedules, character of construction, _ revisions to previously accepted studies, reports, design documents for contract _ documents and for preparation of documents for separate bids, when such revisions are due to causes beyond the CONSULTANT's control and when requested and authorized by the OWNER. Compensation for such extra work when authorized by the OWNER shall be established in amendments to this Agreement. CONSULTANT shall promptly notify OWNER in writing of all extra work or cost variations on the PROJECT prior to undertaking said work. C. REUSE OF DOCUMENTS: All documents including drawings and specifications prepared by the CONSULTANT pursuant to this Agreement are instruments of service with respect to the PROJECT. They are not intended or represented to e be suitable for reuse by OWNER or others on extensions of the PROJECT or on any other PROJECT. Any reuse without written verification will be at OWNER's sole risk and with no liability or legal exposure to CONSULTANT. Any such verification or adaptation will entitle CONSU L T ANT to further compensation at rates to be agreed upon by OWNER and CONSULTANT. Notwithstanding these provisions the OWNER shall be provided upon request a reproducible copy of any drawing produced under this Agreement at the cost of reproduction, and will be permitted full use of such documents subject to the limitations set forth herein. Page 6 of 12 012301 e e e e e e D. RESPONSIBILITY OF THE CONSULTANT: 1. The CONSULTANT shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all designs, drawings, specifications, reports, and other services fumished by the CONSULTANT under this Agreement. Approval by the OWNER and other agencies of drawings, designs, specifications, reports, and incidental engineering work or materials furnished hereunder shall not in any way relieve the CONSULTANT of his responsibility for the technical adequacy of his work except as to matters involving peculiar conditions or uses of the property known to the OWNER or other agencies but not to the CONSULTANT. 3. The CONSULTANT shall not be responsible for any time delays in the PROJECT caused by the loss or destruction of any portion of the PROJECT including, but not limited to, fire, theft, smoke, storm, vandalism, sudden or accidental damage from irregularities in electrical current, or any other circumstance beyond the CONSULTANT's control. 2. E. RESPONSIBILITY OF OWNER: As a part to this Agreement, the OWNER shall: 1. Make available for the CONSULTANT's use all record drawings, maps, information as to unusual conditions or practices affecting the CONSULTANT's services, soil data, etc., that are readily available to the OWNER. 2. Designate a person to act with authority on the OWNER's behalf and respond in a timely manner to submissions by the CONSULTANT providing approvals and authorizations as appropriate so that work may continue at a normal pace. 3. Pay all costs associated with special services authorized by the OWNER and all costs associated with obtaining bids from contractors, including but not limited to cost of printing, postage and public notice of advertisement. 4. Furnish such accounting, insurance, and legal counseling services as OWNER may require for this PROJECT. Obtain advice of anattomey, insurance counselor, or other consultants as OWNER deems appropriate for examination of the Contract Documents prepared by CONSULTANT. Page 7 of 12 012301 5. Pay all costs incidental to compliance with requirements of these Paragraphs 1 through 4. e F. TERMINATION: 1. This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party provided that no such termination may be effected unless the other party is given: a. Not less than ten (10) calendar days written notice of intent to terminate; and, e b. An opportunity for consultation with the terminating party prior to termination. 2. This Agreement may be terminated in whole or in part in writing by either party without cause on sixty (60) days written notice. 3. Upon receipt of a termination notice, the CONSULTANT shall promptly discontinue all services affected (unless the notice directs otherwise) and _ deliver or otherwise make available to the OWNER all data, drawings, . specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the CONSULTANT in performing this Agreement, whether completed or in process. 4. If this Agreement is terminated by either party, the CONSULTANT shall be paid for services rendered pursuant to this Agreement. If termination of the Agreement occurs at the conclusion of one phase and prior to authorization of the OWNER to begin the next phase, payment by the OWNER of the completed phase shall be considered full compensation a due the CONSULTANT. ., G. AUDIT: ACCESS TO RECORDS 1. The CONSULTANT shall maintain books, records, documents, and other evidence directly pertinent to the work under this Agreement in accordance with generally accepted accounting principals and practices. The OWNER, the Federal Aviation Administration, the Comptroller General of the United States or any of their duly appointed representatives Page 8 of 12 012301 e e e e e e shall have access to any books, documents, papers, records, and other evidence for the purpose of examination, audit, excerpts, and transcriptions. 2. Records described above shall be maintained and made available during the performance under this Agreement and for a period of three years after the OWNER makes final payment and all other pending matters are closed. H. HEADINGS: The headings of the Exhibits, Sections, Schedules, and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Exhibits, Sections, Schedules, and Attachments. I. ASSIGNMENT: CONSULTANT acknowledges that its services are unique and personal and its rights under this Agreement may not be assigned or its duties or obligations delegated without the express written consent of OWNER. ARTICLE V - MANDATORY FAA PROVISIONS A. TITLE VI ASSURANCES: During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest, agrees as follows: 1. Compliance with Regulations: The CONSULTANT shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The CONSULTANT, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, national origin or sex in the selection and retention of subcontractors, including procurement of materials and of leases of equipment. The CONSU L T ANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix "B" of the Regulations. . Solicitations for Subcontracts. IncludinQ Procurements of Materials and EQuipment: In all solicitations either by competitive bidding or negotiation 3. Page 9 of 12 012301 made by the CONSULTANT for work to be performed under a subcontract, including procurements of materials or leases of equipment, _ each potential subcontractor or supplier shall be notified by the . CONSULTANT of the CONSULTANT's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the OWNER or the Federal Aviation Administration to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULTANT shall so certify to the OWNER or the Federal Aviation Administration as appropriate and shall set forth what efforts it has made to obtain the information. e 5. Sanctions for Noncompliance: In the event of the CONSULTANT's noncompliance with the nondiscrimination provisions of this contract, the OWNER shall impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: e a. Withholding of payments to the CONSULTANT under the contract until the CONSULTANT complies; and/or, b. Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of Paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any subcontract or procurement as the OWNER or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the CONSULTANT may request the OWNER to enter into such litigation to protect the interests of the OWNER and in e Page 10 of 12 012301 e e e e e e addition, the CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States. B. DISADVANTAGED BUSINESS ENTERPRISE (DBE) ASSURANCES: 1. Policv: It is the policy of the DOT that disadvantaged business enterprises as defined in 49 CFR Part 26 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal funds under this Agreement. Consequently, the DBE requirements of 49 CFR Part 26 apply to this Agreement. DBE Obliqation: The CONSULTANT agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 26 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with federal funds provided under this Agreement. In this regard, CONSULTANT shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. CONSULTANT shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT assisted contracts. Further, the CONSULTANT agrees to comply with all provisions of the OWNER's DBE program as amended from time to time. 2. Page 11 of 12 012301 THIS AGREEMENT, together with the attached Exhibit "A", constitutes the entire a agreement between the OWNER and the CONSULTANT and supersedes all prior _ written or oral understandings. This Agreement and said Exhibit may only be amended, supplemented, modified, or canceled by a duly executed written instrument. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the date first above written. CITY OF MONROE WITNES~Yn~~ BY: ç:4 ~ e TITLE: C'"7 /t1 P-+-t~.,,/ THE LPA GROUP of North Carolina, P.A. e WITNESS:~~m~ BY: TITLE: Vice President !<',:,:(.;:'~.:~ /~t\.~·;~\:¡!.\;;; :;~~:~;'~:£ f~;~~{~!iÆi~~~gf~¡;:JJ\'f e ¿ t.:(.~C~f::T .':'.;..;:.::~ ~=,G~J;L ~~~Ç~{i·f-tõo~~:'L :\C.;:.. J " .--- , C!,,""Me ~m. \Su..--; =:> Page 12 of 12 012301 e e e e e e EXHIBIT nAil THE LPA GROUP SCHEDULE OF FEES e CLASSIFICATION HOURLY RATES Office Engineering Personnel Principal Project Manager/Senior Engineer Engineer Designer Technician Technical Assistant $123.00 $108.00 $89.00 $72.00 $50.00 $48.00 e Field Engineerina Personnel Survey Supervisor Survey Technician 2-Member Survey Party 3-Member Survey Party $83.00 $75.00 $95.00 $114.00 e e NOTE: The hourly rates shown above include salary cost, labor overhead, general and administrative overhead, and profit. These rates shall remain valid until A December 31,2001. .