1. food and drink

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March 26th, 2015
At the Regularly Scheduled Meeting of the Mayor and Board of
Aldermen of the Town of Canton held at the Municipal Building
Court Room, March 26th, 2015, at 6:30 p.m. with Mayor Michael
Ray, Aldermen/women Carole Edwards, Zeb Smathers, Gail Mull
and Dr. Ralph Hamlett being present, the following proceedings
were held.
A. Call to Order:
Mayor Ray called the meeting to order at 6:30 p.m.
B. Roll Call:
Mayor Ray noted that additionally the Town Manager, Town
Clerk, and Town Attorney were present.
C. Invocation/Pledge of Allegiance:
Alderwoman Edwards gave the Invocation and Alderman
Hamlett led those present in the reciting of the Pledge of
Allegiance.
At the conclusion of the Pledge of Allegiance, Mayor Ray made
those in attendance aware that both copies of the Agenda and
proposals for vending and food trucks were available at the
front of the room.
D. Public Hearing: Proposed Text Amendments to the
Town of Canton Zoning Ordinance (Part 8, Chapter 4 in
the Code of Ordinances) to allow “mobile food vending”
as a Permitted Use by Right in certain zoning districts
and “mobile food commissaries” as a Conditional Use in
certain zoning districts.
-Mayor Ray stated that contrary to the article in The
Mountaineer he was not aware of the issue of food trucks or a
Public Hearing until he actually saw it on the marquee out front
of Town Hall. He stated he had mentioned to the Town
Manager, to prevent this from happening in the future, he
would request the Town Manager provide Minutes of the
meetings of all Boards and Commissions to himself and any
other Board member wishing to receive them. He stated again
he was not aware of the Public Hearing and noted that it was
not requested in the last Boarding Meeting, looking at the
Minutes, that it was not even discussed or that he had
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requested a Public Hearing. He stated this is a time for the
public to see exactly what the verbiage of what the Town is
wishing to do. Mayor Ray stated that in his opinion, whatever
is done should be in the best interest of our businesses, both
vendors and food trucks, local restaurants, and community. He
stated he wanted everyone to have some pre-reading of the
proposed verbiage so that they could ask any questions, etc.
He asked if this proposed language had been posted online.
Manager Hendler-Voss stated it had not. Next, Mayor Ray
asked if any copies had been available at Town Hall for anyone
interested in looking at the information. Manager Hendler-Voss
stated copies had not been displayed at Town Hall; however,
the item was discussed at the Planning Board Meeting held on
March 5th which had been advertised and open to the public.
Mayor Ray next vocalized the importance of being able to see
Minutes from the Commission as not everyone can make it to
every meeting. Manager Hendler-Voss stated Minutes from the
Board and Commission meetings could be provided, once
approved. Mayor Ray stated perhaps even a rough draft of the
Minutes would keep the members of the Board informed.
Alderwoman Mull asked if every Committee had Minutes.
Manager Hendler-Voss stated most Boards/Commissions do,
some require more editing and time to prepare than others.
-Mayor Ray began the Public Hearing by recommending that a
vote not be made on the item following the Public Hearing.
Instead the Board should listen to the community and answer
any questions that may arise and see if anything needed to be
added within the proposed text amendments.
-Next, Manager Hendler-Voss provided a powerpoint
presentation regarding mobile food trucks and commissaries
and specifics regarding research by staff and explanations of
the proposed Text Amendments to the Town of Canton Zoning
Ordinance (Part 8, Chapter 4 in the Code of Ordinances) to
allow “mobile food vending” as a Permitted Use by right in
certain zoning districts and “mobile food commissaries” as a
Conditional Use in certain zoning districts.
Manager Hendler-Voss defined a mobile food unit (mobile food
truck/trailer). He stated that food trucks are an emerging
industry throughout the country and region of WNC. He cited
that food trucks generated about $250 Million in revenue
(2012), approximately 1% of all restaurant sales. Additionally,
he stated that revenue is anticipated to climb to approximately
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$2.7 Billion by 2017. He went on to state that currently there
was no sizeable food truck industry located within Haywood
County.
Next, to familiarize those in attendance Manager Hendler-Voss
showed a picture of a typical mobile food truck. He stated that
food trucks typically offer unique culinary fair, standard food
options that other brick and mortar restaurants might not. He
stated some food trucks dabble in specialty items and have the
potential to add new foot traffic in downtowns and in areas
where they are located. He commented that food trucks offer a
convenient opportunity for someone looking to get a quick bite
to eat. Additionally, mobile food trucks offer an opportunity for
entrepreneurs, perhaps seeking a low capital entrance into the
food industry. Manager Hendler-Voss pointed out while food
trucks are not inexpensive; they are at times much less costly
than perhaps buying a property and renovating a commercial
space and/or kitchen.
Manager Hendler-Voss stated that the allowance of mobile food
trucks would align Canton with other municipalities who are
embracing this new industry and most importantly would
support Canton’s Economic Development Initiative, which the
Board has approved and in which the public has participated in
developing. He commented that mobile food trucks not only
have the potential to assist us in the development of an
entrepreneurial mindset and openness here in Canton but also
act as a way to encourage entrepreneurs to invest in our
community and partner with us to grow our local economy.
Manager Hendler-Voss next highlighted how food trucks and
commissaries are regulated. He stated that they have to follow
the same federal, state and county guidelines as a brick and
mortar restaurant and in some cases, there can be additional
regulation requirements for food trucks. He next explained the
definition of a mobile food unit commissary as a base camp for
a food truck. He stated a food truck is required by food/health
code to go there once a day. This is a location at which a food
truck can restock, cleanout/store food, dump waste, serve as
restroom facilities for employees and most importantly serves
as a location for the food trucks to be stored overnight.
Manager Hendler-Voss stated that state law now allows a
mobile food truck to serve as its own commissary (completely
self-contained); however, most food trucks partner with a brick
and mortar restaurant, which already qualifies as a commissary
because 1) they are already in existence, 2) are convenient and
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3) such partnership allows a mobile food truck to pay a nominal
fee to a brick and mortar restaurant for use of an area for food
storage, preparation, kitchen needs, etc. Manager HendlerVoss pointed out that stand-alone commissaries are not
common but are not precluded from state law.
Next, Manager Hendler-Voss provided background regarding
how this consideration of mobile food units and commissaries
came about. He stated a local restauranteur had contacted
staff in the fall of 2014, about getting a permit for a food truck.
Manager Hendler-Voss stated this as a conversation that had
been going on for some time. He next explained that currently
mobile food units and/or commissaries were not allowed under
our existing zoning ordinances. He stated as a result of that,
this restaurateur had to be turned down at that time. He next
explained the process for examining, reviewing and ultimately
amending a zoning ordinance. He stated that first, such a
request would go before the Planning Board for review and
consideration, as this request had. Manager Hendler-Voss
stated there are state requirements for the advertisement of
Planning Board Meetings, which subsequently were adhered to
in this and all cases of called Planning Board Meetings. Once a
Planning Board Meeting is held on a request to amend or
change language contained within a Zoning Ordinance, from
there a Public Hearing would be scheduled and held. Manager
Hendler-Voss pointed out the present Public Hearing being held
was required by law to take place and allows an opportunity for
members of the public to hear specifics related to a proposed
amendment and/or change to the zoning regulations, learn of
the Planning Board’s recommendation whether to approve or
not, and offers an opportunity for the Board to hear comments
(pros and cons), concerns and/or questions from members of
the public. Manager Hendler-Voss pointed out that for a Public
Hearing there are also statutory requirements for advertising,
etc. All of which were met in this case as well.
Next, Manager Hendler-Voss stated that on March 5th, 2015 at
such time the Planning Board met to discuss this request and
potential/proposed amendments to the Town of Canton’s
Zoning Ordinance to allow Mobile Food Units and Food
Commissaries in certain zoning districts it was unanimously
recommended (by the Planning Board) to the Town Board for
approval. Manager Hendler-Voss stated the recommendation
was that text amendments be made to the Zoning Ordinance to
allow mobile food units (food trucks) as a Permitted Use by
Right in certain districts. Secondly, the Planning Board made
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recommendation to the Board that text amendments be made
to the Zoning Ordinance to allow mobile food standalone
commissaries as a Conditional Use in certain zoning districts.
Manager Hendler-Voss stated that this would mean if the
Governing Board adopted these amendments as recommended
by the Planning Board, mobile food units would be allowed
automatically in certain zoning districts with special
requirements. This would allow such mobile food units to be
allowed and approved at the staff level. Manager Hendler-Voss
pointed out that in the case of a stand-alone commissary, such
requests would be directed for approval or denial by the
Planning Board based on the requestor’s ability to meet the
“conditions” established within the amended ordinance.
Manager Hendler-Voss next went through those requirements
which a mobile food unit would have to comply with prior to
being issued a zoning permit; under the proposed and
recommended text amendments to the Zoning Ordinance (see
attached and enumerated special requirements). A number of
the requirements included the obtainment of property owner
permission to locate, the providing of adequate parking, a
distance setback of 100 feet (minimum) from any brick and
mortar restaurant, an inability to locate or vend within public
right-of-way, the setting allowed hours of operation, restrictions
on sound or amplification, signage restrictions, etc.
He next presented the requirements that a stand-alone
commissary request would have to meet prior to review by the
Planning Board. These requirements included that a
“Standalone Commissary” would have to 1) meet all state and
federal food safety requirements, specifically 15A NCAC
18A.2600, 2) No more than one (1) commissary shall be
permitted within a distance of two (2) miles from another, and
3) that Stand-Alone commissaries shall be approved by the
Planning Board.
He stated that in his opinion the recommendations made were
thorough and concise. He stated he felt they would provide for
public safety, protect the interest of other business owners (in
this case particularly restaurants), provide for a competitive
economy and ensure that what people are eating out of these
proposed food trucks are suitable and safe.
Manager Hendler-Voss stated that the allowance of both mobile
food units and commissaries (with the before mentioned set of
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requirements being met) were recommended for all zoning
districts, with the exemption of residential districts, within
which neither would be allowed or permitted.
Manager Hendler-Voss went into other examples of how the
proposed text amendments to the zoning ordinance would
affect where, when and how such mobile food units could
operate and in what capacity (no drive-up windows, etc).
-At the conclusion of Manager Hendler-Voss’s presentation,
Mayor Ray stated that hopefully everyone in attendance had an
opportunity to hear the recommendation. He stated the
purpose of a Public Hearing is to hear from the citizens, a
question and answer time, an opportunity to hear comments
(either in support of or against). He stated the Board did not
want anyone being negative to other people or naming names
and asked people to keep that in mind. He reiterated the
purpose of the Public Hearing to be for our community and for
our Town. He stated he wanted everyone to know what this
was so that it was not a surprise or someone did not have a
chance to know what the Town was trying to do to in the
community.
Next, Mayor Ray asked for anyone who wished, to come
forward and address the Board with their comments.
-Dr. Al Cline, stated he did not see how this could be
economically beneficial for the Town of Canton as small of a
Town as Canton is. He stated all he could see is this taking
away business from our businesses, especially those downtown.
Dr. Cline stated he already knew of one restaurant
contemplating closing September 30th because they had heard
of this. He stated as far as economic development, he did not
see how this could help the Town of Canton. One concern Dr.
Cline stated he had was the ability of food trucks to park over
at Pisgah Football Stadium. He stated this would hurt the
stadium concession stand for the school and band. He stated
he did not see the economic development or consideration for
it.
-Mrs. Angel Stockton, one of the owners of the Black Bear Café,
stated she did not think there was a question whether food
trucks would take part of their business. She stated she was
sure that it would as there is a limited number of businesses
around Canton. She stated that when you look at hurting
businesses like hers, where they have high overhead and are
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creating jobs (15-20 employees), food trucks would definitely
hurt. She concluded by stating she was definitely against it.
-Mr. Roy Taylor, of 48 Elizabeth Street, stated he hoped this was
not the Board of Aldermen’s example and definition of
economical development for the Town of Canton. He stated he
was in agreement with Mrs. Stockton, that the allowance of
food trucks would take money away from them. He added that
he did not think the Town could afford any more restaurants
and that the Town had one rumored to be leaving. He stated
that he wanted to be sure we kept the ones we have. He
stated he did not think it would benefit the Town to have food
trucks. He posed the question of what would happen when the
Town opened up their concession stand at Recreation Park?
Would food trucks be allowed to set up there? He pointed out
that would be money from the Recreation Park. He next
commented on Manager Hendler-Voss’s prior comment about
food trucks serving as a way for entrepreneurs to enter the
food industry. Mr. Taylor stated that might be the case but he
did not think Canton is the place for that. He stated that could
happen somewhere else.
-Ms. Fannie Dorlan, stated she agreed with the others who had
spoken because Canton has private owned eating places that
have high rent and over-head bills each month and are in
trouble. Ms. Dorlan stated Canton was not like most cities that
have office buildings of 200 or 300 people. She stated Canton
has a paper mill, a cafeteria, and most of the employees bring
their own food from home to cook. She stated they did not
have but 30 minutes for lunch. Ms. Dorlan stated she has a
business and is preparing to open a second one and she stated
she knew how tough it was. She encouraged everyone in
attendance to think about all the people who are in business
here, day to day, and all the things they do to get Canton back
on its track.
-Mr. Chuck Rector, a mobile food unit owner, wished to thank
the Mayor and Board for having this Public Hearing. Mr. Rector
stated he was the first mobile food unit in Haywood County.
He stated the approval process was a very long, drawn out
process with Haywood County and the Health Department. Mr.
Rector stated he and his family owned and operated a
restaurant in Downtown Waynesville (Blue Ridge BBQ) for 3
years. Mr. Rector stated getting his brick and mortar restaurant
off the ground in Downtown Waynesville was rough. He stated
the high end lease prohibited him from buying the building and
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bills (such as an $800/month electricity bill, trash, etc) made it
difficult to manage the brick and mortar restaurant. He stated
he and wife then discussed the idea of a mobile food unit since
there were at the time none located in Haywood County. He
stated he wound up purchasing a trailer and commenced to
work on it. He found out from the Health Department what
exactly he needed to do to comply with regulations and
requirements. He stated his intention initially was to cook and
sell BBQ at festivals. He stated last year he and his family did
probably 20+ events in Maggie Valley. Mr. Rector stated that
having a mobile food unit and it being permitted for such, has
allowed him to expand his operation by getting out on the road.
He encouraged the Board to not just, not consider mobile food
trucks because the Town of Canton has not had one before.
Mr. Rector next stated that since being permitted by the County
to operate his mobile food truck he sets up most every day at
the Bethel Grocery. He also commented that mobile food units
allow an opportunity to partner with local businesses for the
purpose of holding and raising money for fund-raisers and/or
adding food opportunities at an event or for a business. He
stated that he and his food truck/trailer set up last year at the
Town of Canton’s Shining Rock Festival at Camp Hope, not to
mention partnering with organizations such as the Bethel Youth
Organization, Waynesville Baseball Team, Frog Level Brewery,
etc. He stated he regularly has people approach him about his
food unit, wanting to partner on an idea or have Blue Ridge
BBQ come out for an event. Mr. Rector stated that a great part
of having a mobile food unit is the building of relationships with
brick and mortar restaurants. He stated he knows the
owner/operator of Jukebox Junction real well and that he would
feel comfortable walking in and asking for anything, knowing
that the restauranteur would assist. He stated the owner
knows I am not hurting his business. Mr. Rector stated it is
very much its own restaurant community. Mr. Rector stated
everyone enjoys a variety and at the same time, if someone
wants to have a sit down meal they are going to do that.
In conclusion, Mr. Rector stated that a mobile food unit has
allowed him to continue to do what it is he loves, in a manner
that does not break the bank each month (dealing with
overhead, lease, etc) and allows him a way to continue to
provide for his family and their future. He stated he would love
to see Canton do this. Mr. Rector stated he would offer any
assistance he could to any other mobile food truck operators
looking to start a unit or grow their operation. He stated he
was also considering opening another unit hopefully within a
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year. He stated he felt there was a need in Haywood County
and again thanked the Mayor and Board for having this Public
Hearing in consideration of allowing mobile food units in
Canton.
-Mark Taylor, General Manager of Sagebrush in Canton, stated
he had been at this location for only 4 months; however, was
raised in Haywood County and operated multiple restaurants in
Haywood County. He stated he has opened several and had to
close several. He stated he met his wife in this business and
has a passion for food. He stated he was excited about the
opportunity to become a part of the Canton community and see
the Town grow. He admitted it might be a little unusual to see
a brick and mortar restaurant operator embrace food truck;
however, he stated he has seen how effective they can be to
help generate some excitement. He stated he knows,
understands and empathizes with everyone in business for
themselves. He stated the past decade has been tough for the
majority of business types; however, he does not feel that we
help grow our economy by limiting people’s interest in that
economy. He stated there are too many brick and mortar
buildings in Canton that are vacant and we need to look at
ways we can revitalize Canton and bring more businesses into
Canton. Mr. Taylor stated that in his review of the proposed
text amendments to the zoning ordinance it looked like the
Town has done its due diligence to try and protect the business
owners here in Canton. Mr. Taylor stated he thought it
important to look at where we, as a community, can go not
where we are today. Mr. Taylor stated he really wanted to see
Canton continue to reach out and look for new ways to grow
our community and become more and more vibrant.
-Next, Mrs. Vivian Poppas, 45 Fourth Street, stated she was in
favor of having food trucks. She stated she has lived in Canton
all her life and has eaten in all the restaurants in Canton and
will continue to eat in those restaurants but agreed with Mr.
Mark Taylor (who spoke before her) that this is a way that
Canton can move forward and bring more businesses to
Canton. She stated perhaps we can make them aware of what
buildings we do have available in Canton and this will help our
community grow.
-Mrs. Tina Tuten, stated that before she spoke she wanted to
hear what everyone else had to say. Mrs. Tuten stated that she
had a brick and mortar restaurant in Canton for 5 years before
having to shut it down due to issues related to her husband’s
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health and some not-so-smart decisions she made, thinking
they were the right decision at the time. Regardless, Mrs.
Tuten stated she loved being in the Town of Canton and would
not want to hurt any business in Canton. She stated what she
was wanting to do with the mobile food unit was something
different. She stated she felt it would be exciting to help grow
the Town of Canton. She stated she is currently looking at only
one location to setup their unit. She stated she hoped the
community and Board would consider allowing the mobile food
units.
-At this time, Mayor Ray asked if anyone else would like to
speak or had any questions after hearing others speak. No
other members of the public wished to speak at this time.
Mayor Ray next opened the floor for comments from the Board
of Aldermen/women.
-Alderwoman Edwards wished to clarify that neither the
Football Stadium nor the Recreation Park would be allowable
locations for food trucks to setup. She stated that Recreation
Park was Town owned and that the Football Stadium was
County/School System owned. Alderwoman Edwards next
stated that she is the Board’s Ex-Officio member on the
Planning Board and was in attendance at the March 5th, 2015
Planning Board Meeting. She stated she heard the comments
from the Planning Board members as it related to this particular
issue and what she heard was that it was not wanted in a
residential area. Alderwoman Edwards stated that the majority
of the discussion among the Planning Board members was
similar to that of those here tonight who were in support of the
idea. She stated it was viewed as a way to bring additional
opportunities for people in Canton. She stated in her opinion, it
was not the intention of the Planning Board, in their thought
process, to hurt other restaurants or businesses in Canton. She
stated the thought was that mobile food trucks were a good
thing and something new and exciting. Alderwoman Edwards
stated she used to work in Buncombe County on Coxe Avenue,
located across the street from the Food Truck Parking Lot. She
stated approximately 6-8 food trucks set up there each day and
were located right down the street from a number of brick and
mortar restaurants. She stated; however, that Asheville is a
different place than Canton and Canton did not have near the
number of people as Asheville but she never saw how those
food trucks hurt the existing brick and mortar restaurants in
that area.
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She stated as far as the Planning Board and her position as ExOfficio, she just wished to inform everyone of where their
recommendation for this had come from. She again stated that
she felt the Planning Board viewed this as something that
would be different and move us a step or two forward in doing
new and different things and would not in any way harm our
existing businesses.
-Alderman Hamlett, speaking to Manager Hendler-Voss, asked
that he extend to Town staff his appreciation for the work done
to prepare the proposed amendments to the zoning ordinance
as it related to mobile food units and food commissaries.
Alderman Hamlett stated he had an opportunity to read over
the information and saw the reasoning and conclusions made
by staff and the Planning Board and the approach that would
be taken if this item passed and the safeguards put in place,
that he also could respect.
Alderman Hamlett stated he came on the Board willing to make
a difference, not to have Canton be of his memory past,
because it could not be. He stated Canton’s survival depends
on Canton’s growth. He stated with that idea in mind the
Board had discussions about Economic Development, what they
could do, and it was understood that it could come with risks
and knew that it would come with uncertainty. Alderman
Hamlett stated that change or uncertainty is always somewhat
fearful because you do not know what is going to happen. He
stated if the Zoning Ordinance was amended to allow these
uses (whether as Permitted and/or Conditional) it would be a
change but he wanted each member of the public to know that
his thoughts are with each existing business and young/old
entrepreneurs and through collaboration one business
compliment the other, all in a unified desire to see Canton
succeed and grow.
Alderman Hamlett stated that he felt this recommendation
came very much from citizens like those sitting in the audience,
who met, who contemplated, who reasoned and who made a
recommendation. He stated he hoped for a vibrant community
where we could say we are Western North Carolina’s
Hometown. He stated he came back and raised his family
because he wanted Canton to be their Hometown. He stated
that if his children leave and come back to Canton, if we (the
Board and citizens) do what is in the best interest of Canton,
Canton will be a grown hometown of which they can be a part
of.
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Alderman Hamlett concluded by stating the decision he makes
will be one for everyone that has spoken, so that Canton can
be the best it can be.
-Alderwoman Mull stated that like Alderwoman Edwards,
Aldermen Hamlett and Smathers, they were all elected to this
position and came here with the best of intentions and not to
separate the Town, but bring it together. She stated that she
hoped every decision made by the Board would exemplify and
indicate that. She stated that not everyone can agree on every
decision made but we have to make decisions based on what is
felt to be in the best interest of Canton. Alderwoman Mull
stated that everyone on the Board wants Canton to grow and
no one would ever do anything they thought would harm
Canton and those within it. She stated the goal is to not bring
Canton back to what it once was but to make it better than it
is.
-Alderman Smathers pointed out one major error is that Canton
has never had food trucks. He then offered up that some of his
best memories as a child here in Canton have been of food
trucks in this Town. Alderman Smathers provided the example
of the slushy lady outside of Little League games and of an ice
cream truck. Alderman Smathers made the argument that a
mobile food unit/truck is nothing more than a modern day take
on the ice cream truck. Alderman Smathers stated that this
Board, it’s Mayor and Town staff have been bold. He stated
that everyone ran to be bold rather than continue to settle for
the status quo. He stated no one in the room would say
Canton is where it needs to be. He stated he ran on the
platform of being bold, trying new things and shaking it up. He
agreed that as a Board or a community that does not mean we
will succeed every time but he stated you have to try.
Alderman Smathers stated that is part of being in Canton, you
fight for it, you try, you be bold. He stated we are not in
Asheville, we as a community that has to fight for everything.
He stated he felt a BBQ mobile food truck and a BBQ restaurant
up the road on the hill could coexist. He stated that everyone
in the audience, Board included, would not be in attendance if
they did not care about the Town of Canton. He stated he felt
this was an opportunity to be bold and again complimented the
Town Manager, staff and Planning Board for the work that went
into preparing the information provided, research from other
communities/municipalities and the detail of recommendations
and safe guards included. He stated there are a lot of
restrictions included in these allowances but also a lot of
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discretion so if something is not working, it can be fixed but
that does not mean you do not try. He suggested trying this
and encouraging and supporting these entrepreneurs. He
stated prior to coming to the meeting tonight he was at another
engagement where a couple came up to him and shared their
opinion that Canton is really doing things and making Canton a
place do business in. Alderman Smathers suggested that the
Town of Canton is creating a buzz that it is doing things and he
commented people are hungry for that. Again, Alderman
Smathers reiterated that the Town of Canton is open for
business and up for trying new things. Alderman Smathers
challenged those present by saying the status quo has not
worked and it is a time to try new things and embrace new
ideas.
-Mayor Ray stated he felt it very important that all of those in
attendance and all the public not in attendance know what the
Town is trying to do, what our Planning Committee has done
and why they received the impetus to draft this and be
committed to seeing this happen. Mayor Ray stated the reason
he did not want to vote tonight is that he wanted to hear, and
all the Board he imagined wanted to hear from everyone else.
He stated that some better ideas might come in that can be
added to this. Alderman Hamlett asked if it were voted on and
passed could it not be tweaked. Mayor Ray stated his thoughts
were that a lot of people were not there or may not have
known this Public Hearing was taking place tonight, maybe
everyone did. He stated his thought that enough time be given
so that people could digest what was being discussed and know
what was going on. He stated if this did pass, he just wanted
our food vendors to have their trucks work with brick and
mortar restaurants to form a relationship and comradery to
ensure that everyone survives, not that one is trying to outdo
another. He stated we want to add to what we are doing as a
new offering.
Mayor Ray stated this is why he did not want to hear a vote
tonight. He stated if this is something the Board wants to do
tonight, he did not see a reason to pass it and then tweak it
again. He suggested having it up online for people to read and
allow two more weeks before making a decision. Alderman
Hamlett stated that normally he would agree with Mayor Ray;
however, after receiving and reviewing the supporting
documentation and proposed language as well as, hearing from
the public comments from both sides and the comments by Mr.
Mark Taylor, suggests the rightness of the action. He stated
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given that, he was in favor of going ahead and holding a vote
and if it needed modification in the future that could be
considered then.
Alderman Smathers thanked those in attendance for coming to
the meeting and participating in the Public Hearing. Alderman
Smathers stated that announcements of the Public Hearing had
been in the paper, up on the marquee in front of Town Hall and
Black Board Connected to the majority of people within Canton.
He additionally stated he loved having the amount of
attendance. At this time, Alderman Smathers made a motion
that the food truck and commissary amendments, as
recommended by the Canton Planning Board, be approved.
Alderman Hamlett seconded the motion. Alderwoman Edwards
stated that because she did not know anything about this until
yesterday and did not read the Town marquee because she
normally did not come through Town, she stated she felt that
there were other individuals out there who would like to have
an input on this. She stated though this was a Public Hearing
and it was on the marquee she felt the Board needed to
provide a little more time for people to respond. Alderwoman
Edwards stated she watched the news earlier and saw a
business owner that owes a restaurant in Town voice that they
were not in favor of the food trucks. She stated again she felt
the Board should give people a little more time. She stated the
Board is so quick to have a Public Hearing and vote on
something. She asked had the proposed amendments to the
Zoning Ordinance to allow Food Trucks (as a Permitted Use)
and Food Commissaries (as a Conditional Use) been available
online. Manager Hendler-Voss stated it had not been placed
online. At this time, Town Attorney Morgan stated that recently
the General Assembly adopted requirements a Town must
follow when making a change to the Text or a Zoning
Classification. Mr. Morgan stated that along with any motion to
adopt the Board has to find that the change to text or zoning
classification is consistent with a/any long range planning
document. Manager Hendler-Voss stated that the Economic
Development Initiative would probably be the planning
document into which category this would fall. Mr. Morgan
stated that the motion also needed to include the language that
the change to text or classification is reasonable and in the best
interest of the public and state a reason.
Manager Hendler-Voss provided an example of language
including the above mentioned. Alderwoman Edwards asked if
there was anything in the Town’s long range planning about
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this particular issue specifically. Manager Hendler-Voss
answered in the affirmative. Alderwoman Edwards asked if it
was included specifically as such. Manager Hendler-Voss stated
that no “food trucks” were not included in the Economic
Development Initiative as such specifically. Manager HendlerVoss stated that throughout the Economic Development
Initiative it is stated that a goal should be to capture/embrace
new industry, recruit and help provide opportunities for
emerging industries and entrepreneurs. Mayor Ray stated he
never wants his constituents to feel like something has been
forced on them quickly or down their throats, that there is a
Public Hearing and as soon as its over everyone raises their
hand for yes, without hearing what other individuals had to say.
He stated again that he saw no issue with a two week
timeframe. Mayor Ray stated it may pass just the same but he
wants the public to feel like they are a part of what is going on.
Alderman Hamlett stated he would assert that the public has
already been a part of the decision-making process in that the
Planning Board is comprised of people just like those in the
audience. He added that individuals of the public made the
unanimous recommendation for approval to this Board.
Alderman Hamlett stated that this meeting has been advertised
and secondly as members of this Board, elected to it by the
people of Canton, additional representation is expressed.
Alderwoman Edwards argued that with regard to the issue at
hand comments had been heard both for and against.
Mayor Ray stated that if the Board wished to have a vote, the
motion on the table would need to be rephrased to be legal and
a new motion made stating the required language be included.
At this time, Alderman Smathers stated he would remove his
previous motion. He additionally asked for clarification from
Manager Hendler-Voss that consideration of these items and
the way in which they had been brought before this Board
tonight (via a request for consideration, the scheduling and
advertising of a Planning Board meeting to discuss, a call for a
Public Hearing, advertisement of said Public Hearing, as well as
providing to the Board a recommendation from the Planning
Board) follows the normal, preexisting pattern of how the Town
of Canton (particularly the Mayor and Board of Aldermen)
hears, discusses, and makes decisions related to Zoning
Ordinance issues. Alderman Smathers added the question
whether information related to the holding of this Public
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Hearing was provided the normal media outlets. Manager
Hendler-Voss responded in the affirmative on all.
Alderman Smathers then made a motion to approve the Text
Amendments as recommended by the Planning Board (in a
unanimous decision) and as it is in line with the Town’s long
range economic development plan and in the best interest of
promoting economic development within the Town of Canton
and reasonable in the public interest. Alderman Smathers
asked Attorney Morgan if that motion met legal requirements as
such. Mr. Morgan stated it did. Next, Alderman Hamlett
seconded the motion. Mayor Ray then called for a vote. Three
members of the Board voted in favor (Alderwoman Mull and
Aldermen Smathers and Hamlett) with Alderman Edwards
voting against.
E. Consent Agenda
1. Minutes:
Mayor Ray asked for a motion to approve the March 12th,
2015 Minutes as presented. Mayor Ray pointed out that on
pg 3396 the consulting engineer firm should be changed
from “Vaughn and Melton” to “Clark, Patterson & Lee”.
There being no other corrections, Alderman Hamlett made to
approve the amendment to the Minutes. Alderwoman Mull
seconded the motion and the vote was unanimous in favor.
Next, Alderman Hamlett made a motion to approve the
amended Minutes as such. Alderwoman Mull seconded and
again the vote was unanimous to approve the amended
Minutes.
2. Budget Amendments
Manager Hendler-Voss presented the below Budget
Amendments for Board approval.
A. Watts Street Sale
B. Sharptown Road
C. Insurance Payment
D. Misc. Salary Transfers for Operations
There being no further discussion, Alderman Hamlett made a
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motion to approve the Budget Amendments as presented by
the Town Manager. Alderwoman Mull seconded the motion
and the vote was unanimous amongst the voting members
of the Board to approve the Budget Amendments, as
presented.
F. Communications from the Mayor :
-Mayor Ray asked about the status of the burnt garage
apartment located on Pisgah Drive. Manager Hendler-Voss
stated he had been in contact with the property owner. He
stated she is in the insurance claim process and intends to
renovate the garage portion of that property. He stated as it
was a non-conforming use, she would not be allowed to rebuild
the apartment unit but would be able to construct a new
accessory building (garage) in the rear of the property. Mayor
Ray asked that they would take care of the aesthetics of that
which had been burnt. Manager Hendler-Voss stated that was
correct and that likely it would be demolished.
-Next, Mayor Ray asked that the gravel and chat located in the
gutters at the bottom of Mears Avenue be removed.
-Mayor Ray stated two people had contacted him regarding the
sign at the Swimming Pool. Mayor Ray stated the sign says
“Keep Out” and the people who contacted him felt that to be
rude. Mayor Ray stated perhaps it could be reworded.
Manager Hendler-Voss stated that a common standard sign had
been used to secure that site; however, modifications could be
made to make the sign more friendly/polite or a new sign could
be purchased to go up onsite.
-Mayor Ray asked if Manager Hendler-Voss felt that there would
be monies remaining from the Playground Rehab project which
could be used to go toward fencing at the basketball/Skate
Park. Mayor Ray recalled that amount for fencing to be roughly
$3,500. Manager Hendler-Voss stated that was correct.
Alderman Smathers stated he could take that idea before the
Recreation Committee. Manager Hendler-Voss stated closer to
the end of the playground project the budget could be
examined to see if extra remained; however, he felt the project
would finish rather tightly at budget. Manager Hendler-Voss
stated that he had hopes that perhaps an application for the
Kiwanis Grant could be used for needed fencing.
-Mayor Ray asked what, if any, verbiage had been decided
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upon for the Plaque in Honor of Walter Clark, which the Board
had voted to place in the Boardroom. Manager Hendler-Voss
stated he was working on that with a sign vendor. Manager
Hendler-Voss stated he had drafted language/verbiage for said
plaque and would make sure that each member of the Board
had an opportunity to review and make
suggestions/corrections.
-Mayor Ray asked if the riverfront property, donated to the
Town by Mr. and Mrs. Rhinehart, had been staked off yet.
Manager Hendler-Voss stated that the property would need to
surveyed by a professional survey; however, you can get a
general overview of the property donated. Mayor Ray asked if
there was a way to use County mapping to stake the general
vicinity of the property. Manager Hendler-Voss stated that he
could use a GPS to roughly locate corners of the property.
-Finally, Mayor Ray wished to comment that the Colonnade
along the river where the Appearance Committee had planted
tulips, placed Easter eggs, etc looked very nice.
G. Public Comments:
- Charles and Linda Nanney appeared before the Mayor and
Board of Aldermen/women to thank and compliment Chief
Bryan Whitner for going above and beyond to provide
service to those citizens within Canton.
Mrs. Nanney stated that she and her husband had received a
phone call from someone claiming to be with the IRS,
threatening the Nanneys with jail time if they did not provide
personal financial information. Mrs. Nanney stated she
immediately called Chief Bryan Whitner who informed them
that the call was a scam, putting their mind at ease and
stating he would report the scam to the SBI. The Nanneys
wished to again thank Chief Whitner, the Canton Police
Department and all Town staff who make it a point to go
above and beyond each day in their performance of duties.
- Next Mrs. Pat Fisher wished to introduce to the Mayor and
Board the new Canton Museum Curator, Mrs. Caroline
Ponton. Mrs. Ponton introduced herself and offered an
insight into what she hoped to bring to the Canton Museum
as Curator, particularly with regard to programming and
other ideas. The Mayor and Board welcomed Mrs. Ponton.
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H. Aldermen/women Comments:
- Alderwoman Edwards began by stating she had heard
several concerns from citizens related to Little League’s
inability to use the IP Sports Complex. She asked Manager
Hendler-Voss if he was aware of such concerns. Manager
Hendler-Voss reported that he was aware and had held a
meeting of both IP Sports Complex staff and Little League
representatives. He stated he felt the issues present had
been resolved. Manager Hendler-Voss explained that the
majority of the concerns seemed to hover around the use
cancellation and notification process. He stated at least one
Little League use had to be canceled due to weather.
Alderwoman Edwards stated she had received several
complaints that use was cancelled for one day but
tournament games were allowed to take place the next.
Manager Hendler-Voss stated that was accurate; however,
the tournament games were delayed for several hours the
following day in an effort to let fields dry out. Manager
Hendler-Voss reiterated that there were some issues to
address and resolve between the Town and Little League;
however, the crux of the issue related to the communication
and notification system in place of which the Town was
working to restore. Alderwoman Edwards stated her feeling
that while tournament play was a source of revenue, the
fields located at IP Sports Complex should be made available
to our local community and children whenever able.
Next, Alderwoman Edwards pointed out a leak on Bridge
Street. Manager Hendler-Voss reported that Town crews
were aware of that situation as well and upon review felt the
water present (leak) could be from an underground spring;
however, it was the intention of crews to examine the issue
further the next day. Manager Hendler-Voss stated he would
update the Board on the cause of the water as soon as more
information could be determined.
- Alderman Hamlett stated he had no comments or concerns
at this time.
- Next, Alderwoman Mull wished to also commend Chief Bryan
Whitner on the job he does as Police Chief and the level of
service of which his Department provides the citizens of
Canton.
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Alderwoman Mull next wished to acknowledge the Town
staff and Appearance Committee members for their hard
work throughout Canton.
Finally, she stated she, like Alderwoman Edwards, had heard
comments related to Little League and IP Sports Complex
and was appreciative of Manager Hendler-Voss addressing
those concerns and issues in a timely manner.
- Alderman Smathers next inquired as to the state of the
building located on Newfound Street, across from the BP.
He stated it appeared to be falling down and might need
some attention. Next, he stated a concern about the cones
located next to the building. He stated the cones and
sidewalk in the area presented a danger for pedestrians and
vehicular drivers as well as looking unsightly. He stated
perhaps the Town work to clean up that main thoroughfare.
He also, like Alderwoman Edwards, stating concerns related
to the leak on Bridge Street but more importantly the bank
appeared to be sinking in from tractor trailer use and the
trucks driving up on the bank to make a right turn from the
Mill back onto Bridge Street. Again, Manager Hendler-Voss
stated, with regard to the water, staff felt it could be an
underground spring and in the process of exploring that in
more detail. Additionally, he stated that he was working
with NCDOT regarding the bank and access to Bridge Street
to determine if any other alternative could be explored to
slow the bank deterioration in that area and traffic concerns
present.
Alderman Smathers wished to thank Manager Hendler-Voss
for reaching out to Little League and holding a meeting
between both them and Town staff to work to resolve
whatever issues were present. He stated he too had several
citizens contact him regarding the inability of Little League to
use the fields.
Finally, Alderman Smathers stated he would like to see
something done to replace or repair the door located on the
concession stand at the ball field located at Recreation Park.
He stated the wood appears to be rotten and needs to be
replaced. Manager Hendler-Voss stated he would work
between the Town and Little League to see what could be
done to replace the concession door, etc at that location.
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I. Reports from the Manager
1. Cash Report
Manager Hendler-Voss stated that he did not have Cash
Report information to share at this time.
2. Other
- Manger Hendler-Voss informed the Mayor and Board that the
Police Department/Town would be hosting a Ceremony on
Monday, March 30th at 6:00pm in the Colonial Theater to
recognize those members of the Canton Police Department
who were selected for Promotion. Manager Hendler-Voss
stated those individuals would be:
o Sergeant/Detective Shawn Gaddis being promoted to
the rank of Lieutenant,
o Patrolman Scott Sluder being promoted to the rank of
Sergeant ; and
o Corporal Neal Swanger being promoted to the rank of
Sergeant.
- Next, Manager Hendler-Voss reported that the Town of
Canton would be hosting a Shred Day on Saturday, April 18th
from 10am – 1pm for any citizens wishing to dispose of our
destroy any paper or other sensitive documents. Manager
Hendler-Voss stated the commercial shredding company
would locate and setup at Town Hall. He stated the cost
would be roughly $600, which would be taken from
Community Promotions.
- Manager Hendler-Voss also updated the Board that the
playground project was coming along nicely. He encouraged
the Board again to reiterate to their constituents that the
current work taking place at the playground was intended to
comply with playground safety requirements (bordering,
mulching, etc) not to serve as a complete playground
renovation project.
- Manager Hendler-Voss reported that an RFP had been
solicited for interested food vendors wishing to submit a
proposal to privatize concessions at the Canton Swimming
Pool during the summer months. Manager Hendler-Voss
stated he would share those with the Board when the
deadline for submittal had elapsed.
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Alderwoman Edwards was adamant that if the Town chose
to go that route and award a contract for concessions to a
private business that every effort be made to keep the prices
affordable for patrons (children) enjoying the pool and park
during the summer months. Alderwoman Mull asked what
the prices currently were. Mayor Ray stated he would like to
see a menu and/or cost prior to awarding a contract.
Manager Hendler-Voss stated that part of the contract
approval would be that staff has discretion/approval over the
menu.
- Finally, Manager Hendler-Voss reminded those in attendance
that the next Canton Swimming Pool - Public Input Session
would be held on Monday, April 13th from 5-7:30pm at the
Canton Armory.
J. Old Business
1. Set Public Hearing Date – For Consideration of Text
Amendments to Part 8, Chapter 2 of the Code of Ordinance
(Animals) that would accommodate modern urban farming
practices
It was recommended by Manager Hendler-Voss and by
consensus agreed on by the Board that the Public Hearing
would be set for April 23rd. This would allow enough time to
advertise the Public Hearing and make relative information
available for the public.
2. Review Downtown Maintenance Ordinance
Mayor Ray suggested that this item be deferred to another
time. By consensus the Board agreed. Manager HendlerVoss stated he would place this item on the next Agenda.
K. New Business
1. Request for Football Program Ad
Manager Hendler-Voss reported that the Town had received a
request by Pisgah High School soliciting for advertising
sponsorship which would be included in the upcoming Football
Program. Alderwoman Edwards made a motion that the Town
of Canton place a full-page ad in the Program at a cost of
$150.00. Alderman Hamlett seconded the motion. The vote
was unanimous in favor of Alderwoman Edwards’ motion.
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Manager Hendler-Voss stated the $150.00 advertising
sponsorship would be taken from Community Promotions.
1a. Contribution to Haywood County Annual County Fair
It was at this time Mayor Ray stated that before the meeting he
had provided each Board Member a letter from the Haywood
County Fairgrounds requesting sponsorship by the Town of
Canton for the 2015 Haywood County Fair. From the request it
stated that the 2015 Fair would be scheduled for August 25th –
31st, 2015.
Alderman Hamlett made a motion that the Town serve as a
“Bronze” Sponsor in the amount of $250.00. It was noted that
in past years the Town of Canton had not participated as a
sponsor. Alderwoman Mull seconded the motion. The vote was
unanimous to serve as a “Bronze” Sponsor of the 2015
Haywood County Fair in the amount of $250.00. Manager
Hendler-Voss stated the $250.00 sponsorship would be taken
from Community Promotions.
2. Financing Approval for Radio Read Water Meters
Mayor Ray began by asking the Board of Aldermen/women to
reconsider approval of this financing and purchase of radio read
water meters. Even though the specified monies were
budgeted, Mayor Ray stated the funds did not have to be used
at this time. He stated this was considered several years prior;
however, at that time was not seen to be a high priority. Mayor
Ray stated the amount the Town would be financing would be
$421,217.00 plus interest in the amount of $64,797.50, making
the total borrowed $486,014.50. Mayor Ray next asked if tax
would have to be paid on these water meters. Manager
Hendler-Voss stated the Town would not. Mayor Ray stated the
breakeven point has been guesstimated to be 10 years.
Manager Hendler-Voss stated that was not exactly accurate as
the salary and operational changes (savings) to be made within
that Department’s budget would pay the annual installment
payment amount each year with little or no increase as a result
of this infrastructure upgrade. Manager Hendler-Voss clarified
that in essence the project would be paid for through budget
savings, not through any increase in the budget. Mayor Ray
stated; however, that to pay the money back would take 10
years. Manager Hendler-Voss agreed that the financing of the
project was for a period of 10 years. Manager Hendler-Voss
continued by stating changes to the personnel and operations
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within the Department would amount to approximately
$51,000/year which would in turn pay/cover the annual
installment payment for said driving-by radio read water
meters. Mayor Ray was adamant that he was not in favor of
financing these meters and the Town taking on such debt for
this project.
Mayor Ray clarified that this financing would replace
approximately 58% of the water meters throughout Town.
Manager Hendler-Voss stated that was correct. Next, Mayor
Ray asked if the Town would be replacing those meters inside
Town limits first. Manager Hendler-Voss stated that in fact we
would be replacing meters by route because it would enable
greater reading efficiency. Alderwoman Edward asked the
reasoning on the MatchPoint contract for requesting “additional
meters”. Manager Hendler-Voss stated this was done in an
effort to add an additional route in order to maximize the
financing amount.
Mayor Ray stated that in his opinion, they had more pressing
needs than these new meters to borrow and have the expense
of almost a half million dollars. Next, Mayor Ray stated a
number of projects (swimming pool, recreation park
improvements, walking trail, playground, river access,
development of Sorrells Street Park, new ballfields and soccer
fields as discussed for IP Sports Complex, Economic
Development Plan and assistance, Camp Hope, sidewalks, etc)
that he felt were more pressing than water meters. He stated
he did not feel that the Town needed to take on anymore
borrowed debt. Alderwoman Edwards stated that the Town did
not yet know what the major renovation to the Recreation Park
would cost nor where the financing would come from.
Alderwoman Mull stated the way she understood what had
been presented was that the annual financing payment would
be covered by budget savings. Mayor Ray stated; however, you
are spending monies on something that you could be spending
elsewhere on another one of the previously listed projects.
Manager Hendler-Voss corrected Mayor Ray by stating in
essence that this money could not be spent on any other
projects which Mayor Ray had listed. Mayor Ray stated that the
Town would still be spending borrowed money. He stated he
did not want to accumulate debt for this project. He stated he
felt debt for listed projects should come before water meters.
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Mayor Ray stated as Mayor he was elected to be the best
steward of tax payer money and he did not feel this was the
best use at the present time. He stated as a businessman this
was not a decision that needed to be made now. He stated it
was rejected 3-4 years ago because of other things coming up.
He stated that was his thoughts and it was up to the Board to
vote however they wished to move forward.
Alderman Smathers stated his question was that water money
cannot be used for any other type of project (i.e. recreation).
Manager Hendler-Voss stated that was correct. Alderman
Smathers next asked Manager Hendler-Voss how if taken on,
this debt structure could negatively affect the Town’s ability to
borrow money for other projects in the future such as the
Recreation Park (swimming pool, etc). Manager Hendler-Voss
stated it would only affect the Town’s ability to borrow money if
the Town was delinquent in its ability to make annual
payments. Manager Hendler-Voss stated the Town of Canton’s
debt capacity is pretty significant compared to other
municipalities because the Town finances so little. Alderman
Smathers asked whether or not this financing of debt for
infrastructure improvements (radio read water meters) could
make it difficult to receive additional funding/financing in the
future for any potential extension of the Town’s water system in
any direction. Manager Hendler-Voss stated that if the
projections are correct and the newer radio read water meter
technology allows the Town to bring in a greater amount of
revenue (i.e. more accurate water usage numbers, a more
sustainable water system, the capturing of more unaccounted
for water) it would actually probably help the Town in some of
those extension projects and funding for such.
Alderman Hamlett asked how reliable the reported potential 1015% increase in revenue was. Manager Hendler-Voss stated
those figures were taken from both Franklin and North
Wilkesboro who has integrated the same exact meters into their
water system. Town Clerk Burrell added that in the Town’s
existing operation two meter readers read approximately 20-25
days out of the month. He stated with this system you would
have one individual who could theoretically read all of the
meters in approximately a weeks’ time whereby you are
maximizing the efficiency of your operation and freeing up that
individual the rest of the time to assist as needed within the
water department. Town Clerk Burrell also stated that you
would be able to align your billing system so that bills could be
generated at a finite time each month as opposed to currently
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where routes are billed and due at various times. Mayor Ray
asked for clarification that all water meters would be read in
one week. Town Clerk Burrell stated, in theory that was
correct. He speculated that all of the radio reads could be read
in at most two days. Manager Hendler-Voss and Town Clerk
Burrell concurred that the estimated week was something the
Water Department felt was very doable.
Mayor Ray went back to his previous argument that other
issues and projects were more pressing. Manager Hendler-Voss
stated he understood Mayor Ray’s concern about taking on
more debt; however, reminded the Board that the Water Fund
is very strong. Manager Hendler-Voss stated the sale of water
is a revenue generator and our business. Manager HendlerVoss stated to continue that revenue generation it is critical that
we reinvest those monies back into our system whether it be
water meters, water lines, line modeling, etc. Manager
Hendler-Voss pointed out that in some areas we have a very old
water system and in some case we have dated and unreliable
water meters that are in need of replacement.
Alderwoman Edwards asked what the cost would be to repair
some of these old water lines. Mayor Ray stated that was his
thought of where money should be spent. He referenced
around the Spruce Street area where 20-30 people were out of
water during the winter due to water line breaks. Alderwoman
Edwards asked if the Town was going to explore replacing
those types of lines. Manager Hendler-Voss stated that perhaps
that would be looked at. Town Clerk Burrell attempted to
explain that nothing currently being discussed would prohibit
the Town’s ability in the future to repair or replace old and/or
failing water lines. He stated that if a project was identified the
Town could pay for such project from the Town’s Water
Enterprise Fund as it has in the past. He stated that either way
that or those types of projects would be above the budget
amount currently being discussed for the Water Department.
He stated that would not change whether the Board elected to
go with the radio read water meter replacement project or
forego it. He stated in the later the Town would just have a
more efficient water meter system in place at the same time.
Manager Hendler-Voss pointed out that as it related to water
lines the Board has already approved a contract with McGill &
Associates for water system modeling which will assist in
identifying water line locations, sizes, present conditions, etc.
Manager Hendler-Voss stated he was unsure why a water
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model has not already been in place. He stated that the Town
has water meters in the ground that are 40 years old. He
stated it is puzzling as to why we have not invested money
back into our infrastructure in some areas as water is our
greatest revenue generating commodity. Again, Mayor Ray
stated his opinion is that this project was not needed now.
At the conclusion of discussion, Alderman Hamlett stated he felt
the Town Manager makes a very convincing argument in favor
of the recommendation to move forward with the financing,
purchase and install of radio read water meters within the Town
of Canton’s water system and based on discussions had last
year at budget time and subsequently monies being included in
the budget for said project, he made a motion to approve the
financing of radio read water meters in the amount of
$421,217.00. Alderwoman Mull seconded the motion.
Alderman Smathers again asked for clarification from the Town
Manager as to how this project would pay for itself so that he
could communicate that to any citizen who inquired. Manager
Hendler-Voss stated that it pays for itself in short by
transferring one of the Town’s existing meter readers to
another division to fill an existing vacancy, leaving only one fulltime meter reader with benefits. He stated it also would
reduce one part-time position, it helps with billing which would
be much quicker. Additionally, Manager Hendler-Voss stated
that it is estimated the Town would be saving (annually)
$51,087.04 by making these personnel and operational
changes. Manager Hendler-Voss stated again that these were
only estimates and asked the Board not to hold it against him if
next year the figure is off by $10.00. Alderwoman Edwards
stated that if he wasn’t off by but $10.00 she would not yell at
him; however, if he were to be off by $10,000 she would be
upset. Alderwoman Edwards stated she really had a problem
with taking on debt. Next, Alderman Smathers asked again if
Manager Hendler-Voss saw any way in which this financing
could adversely affect the Town’s ability to apply for and/or
receive funds/financing for projects in the future whether they
it water line extensions or recreation improvements. Manager
Hendler-Voss stated that based on discussion with Town
auditors and other colleagues, he sees no reason why the
financing of this project would negatively affect the Town’s
borrowing capacity/ability in the future, whether for water
and/or recreation projects. Mayor Ray asked if they knew what
amounts we would need to borrow in the future. Manager
Hendler-Voss asked whether Mayor Ray was referencing the
Water Fund. Mayor Ray stated he was talking just overall for
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our City. He asked again whether they knew exactly what the
Town will need to borrow in the next ten years. Manager
Hendler-Voss stayed they nor did he know what would be
needed to fund over the next ten years. Mayor Ray stated that
was his thoughts.
There was no public discussion at this time.
Mayor Ray stated there was a motion and second and at this
time called for a vote. Alderwoman Mull along with Aldermen
Hamlett and Smathers voted in favor of approving the financing
for radio read water meters in the amount quoted by
MatchPoint as $421,217.00. Alderwoman Edwards voted
against it, making the outcome of the vote 3 – 1. The motion
passed. Mayor Ray stated the Town would go borrow close to
a half million dollars. Next, Mayor Ray stated it is his
administerial duty to sign the loan. He stated he felt he would
choose not to sign the loan document and suggested that the
Board appoint someone else to sign it. He stated he was not
going to do that. Manager Hendler-Voss stated that he was not
sure whether the Mayor had to sign to loan document. Mayor
Ray stated that his name was listed; however, he had checked
with the Institute (School) of Government and his signature
was an administerial thing, which someone else could be
designated to sign it. Town Attorney Morgan stated anyone the
Board designated could execute the loan/financing document.
Alderman Hamlett made a motion to designate the Town
Manager executor of the loan/financing document.
Alderwoman Mull seconded. Three voted in favor with
Alderwoman Edwards stating she was not sure how to vote
because she did not vote for the previous motion. Mayor Ray
injected that she then abstained. The motion passed 4-0,
designating and authorizing Manager Hendler-Voss to sign the
loan/finance documents.
L. Closed Session: G.S. 143-318.11 (3) Attorney Client
Privilege
Alderman Hamlett made a motion to enter into closed session
at 9:20 pm. Alderman Mull seconded the motion with all
members voting in favor of entering into Closed Session at this
time. Mayor Ray stated that he did not anticipate any action
coming from that which was discussed in the Closed Session.
After a brief discussion Alderman Smathers made a motion to
return to open session at 9:30 pm. Alderman Hamlett
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seconded the motion with all members voting in the
affirmative.
Mayor Ray stated that no action was to be taken at this time on
that which was discussed in the Closed Session.
M. Adjournment:
There being no remaining business to discuss the meeting was
adjourned at 9:33 p.m.
Other Members present were as follows:
Town Manager; Seth Hendler-Voss, Town Clerk; Jason Burrell,
and Town Attorney; William Morgan.
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Jason Burrell, Town Clerk
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