Garner Town Council Agenda 10-14-10

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    TOWN OF GARNERTOWN COUNCIL

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    3. Resolution to Investigate Annexation Petitions for ANX-10-08, 5001 Old Stage Road

    Rachel Blalock has petitioned to annex property located at5001 Old Stage Road resulting from a request to connect to

    public water. This Resolution authorizes investigation ofthe sufficiency of these petitions.

    Action: Adopt Resolution No. (2010) 2075

    4. Ordinance Amending Operating Budget for 2010-2011

    This amendment provides funding for purchase of additionalK-9 and training cost and provides funding for ADA

    improvements at various Town parks.

    Action: Adopt Ordinance No. (2010) 3599

    5. Resolution Regarding Halloween Guidelines

    This resolution sets October 31 as the date for Trick orTreating and urges residents to observe a safe Halloween.

    Action: Adopt Resolution No. (2010) 2076

    H OLD/NEW BUSINESS

    1. Presentation of New Tiered Water Rate Structure for City ofRaleigh Utility Customers in Raleigh & GarnerPresenter: John Carman, Director, City of Raleigh

    Utilities

    Raleigh Utilities officials would like to present thedetails of the new tiered rate structure that goes into

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    3. Establish Date and Location for Council 2011 Retreat

    The Councils planning retreat is usually held in February.Due to the current economic conditions, the meetings havebeen held locally. The enclosed memo contains dates and

    locations for the Councils consideration.

    Action: Consideration of Date and Location for CouncilRetreat

    I COMMITTEE REPORTS

    J MANAGER REPORTS

    1. Star Tracker2. Building Permit Activity3. Personnel Action

    K ATTORNEY REPORTS

    L COUNCIL REPORTS

    M ADJOURNMENT

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    Garner Town CouncilSeptember 15, 2010

    Special Meeting MinutesThe Garner Town Council conducted a special meeting on Wednesday, September 15,2010 at 7:00 PM in the Town Council Meeting Room

    Roll Call: Mayor Williams, Mayor Pro Tem Behringer and Council Members,Kennedy, Johns, Singleton and Marshburn

    Staff Attending: Hardin Watkins, Town Manager; Bill Anderson, Town Attorney;Lin Jones, Finance Director and Tony Beasley, Economic Development Director,Brand Zuidema, Chief of Police

    Update and Discussion of Garner Rescue

    Mr. Watkins presented the following report:

    Updates Pertinent Information

    Town Manager has requested an independent investigation of some additional

    anonymous complaints that have been brought to the Towns attention. TownsHuman Resources Department stands ready to assist. Rescue Board Chair hasrequested opportunity to explore hiring their EAP provider or other similarfirms to investigate. Town Manager has told Garner Rescue on September 9,2010 that Town expects this to move rapidly and be thorough.

    Town has agreed to meet with Garner Rescue Transition group (staff only) todiscuss how to best proceed with remaining steps to transition to GVFR, Inc.

    Town Manager has discussed how quickly the three Garner Rescue staff can betransferred to GVFR, Inc. with Interim Fire Chief Poole. Remaining stepsinclude: discussing/agreeing to pay/benefits, beginning some initial in-housetraining as get to know each other opportunity, ordering turnout gear, andcompleting physicals.

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    Ralph Smith discovered in July 2010 that only one signature was required forcheck signing either Bill Frederick or Vance Haywood. He has correctedthis and now requires two signers for checks.

    Questions

    Did the Garner Rescue Board know about Bill Fredericks past when he washired full-time as Assistant Chief, Interim Chief, or Chief? Was a thoroughbackground check conducted?

    Was Board aware of Bill Fredericks employment in Sanford, NC?

    What is the status of the Police investigation into the original inquiry?How does Police investigation mesh with a more general inquiry outlined here?

    How is accounts payable/receivable handled? Are todays procedures differentfrom practices prior to Bill Fredericks departure? Are todays practicesdifferent from practices prior to departure of Lana Sorrell?

    How does BLS mesh with Rescue operations? How does this impact finances foreach division?

    How can BLS/Rescue assets be separated?

    Is there any suspicion or evidence of any financial impropriety with GarnerRescue or BLS?

    Tasks Follow-up Items

    Talk with Vance Haywood, Acting Chief.

    Conduct meeting with Fire/Rescue Ad Hoc Work Group and Ralph Smith to discussdetails.

    E i fi i l d P h Li J Fi Di i

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    Determine Countys role in allowing BLS service to exist. Determine impactof Towns recommendation to ask County to disallow BLS operation.

    Determine impact of BLS service discontinuation on current BLS customers.Gauge likely notification period for orderly discontinuation.

    Find out what severance arrangements have been offered/requested/authorizedfor Bill Frederick.

    The Town has taken an enhanced leadership role in trying to help sort throughsome issues and questions.

    End of Manager Report

    Council Member Kennedy asked what the Council wanted to accomplish at thismeeting; there is a Police investigation and we do not want to insinuate thereis more than it is.

    Council Member Singleton said there are questions that need to be addressed,questions that will come up and follow up will be needed.

    Mayor Pro Tem Behringer expressed concerns regarding whether or not employeeswere aware of this, if there were other incidents and why no one came forward.

    Council Member Marshburn said regarding Council Member Kennedys questions, hewould like to obtain valid information of the current issues. We all havequestions and the Manager has given guidance. This is a very vital service;anything that infringes on this service is a concern. He said we want to knowservices are not interrupted. He thanked those who have come here on shortnotice and appreciates their willingness to be here and be available. The

    intent is to work through and come out on other side.

    Mayor Williams said we can get answers to some questions and hopefully getsome background while we are here tonight.

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    Council Member Marshburn asked if there are regulations within the agencyregarding the hiring process. Chief Haywood said there is a written procedurein the personnel policy. A background check is required along with proof ofcertification. Mr. Smith said there is no separate procedure for hiring achief.

    Question: Was Board aware of Bill Fredericks employment in Sanford, NC?Mr. Smith said they were not aware of his reason for leaving Sanford.

    Question: What is the status of the Police investigation into the originalinquiry?

    Chief Zuidema said the investigation is ongoing. They will pursue additionalinformation received during the investigation.

    Mayor Williams asked if there is a problem with Sgt. Clayton and Mr. Dickersonserving on the Board. Chief Zuidema said Sgt. Clayton will not be involved inthe investigation. Sgt. Pappas and her chain of command are the only staffwith access to information. Mayor Williams asked why this is different fromthe Fire Department investigation which is being investigated by the SBI dueto a Police conflict of interest. Chief Zuidema said the investigationregarded finances and there was a family member on the Police Department.

    Question: How is accounts payable/receivable handled? Are todaysprocedures different from practices prior to Bill Fredericks departure?

    Mr. Smith said when he came on board in July he learned that only onesignature was required for purchasing. He did not find this satisfactory andquickly instituted a change requiring signatures from with the Chief or aBoard member. He feels confident there are walls between the BLS and Rescuerecords. After Chief Fredericks departure, they immediately changed the

    current signature authority. Procedures have improved and will continue to bemaintained at a very high level.

    Question: How does BLS mesh with Rescue operations? How does this impactfi f h di i i ?

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    Loan 4: 2007 rescue truck, $400,000, rescue truck as collateral town paysin budget 13,000/quarter

    Loan 5: 2007 air packs $8,000, town pays in budget.

    Question: How can BLS/Rescue assets be separated?

    Mr. Smith said all of the books are separate. Mr. Haywood explained that theorganization is under one name and BLS helps pay the debt service.

    Questions: Any evidence of impropriety? Mr. Smith said he has seen noevidence of impropriety and said if the Town wishes, they may come and see forthemselves. An audit is being done by an outside agency contracted with Wake

    County.

    Mr. Smith said he realized in a short period of time on the Board howdedicated the women and men are in this organization and how committed theyare to what they are doing which is serving the Garner community.

    Council questions:

    Council Member Marshburn said based on what has happened; the directorresigned, employee made allegations, who is there now, can you say withcertainty you are able to tend to day to day operations and service callswithout any undo problems. Mr. Haywood said there will be no interruption ofservice. Mr. Smith said they did make some organizational changes, but theoperation is as good as before.

    Council Member Marshburn asked if Mr. Smith can speak to the issue of adeparture package for Mr. Fredericks. Mr. Smith said he cannot right now; itis still in discussion with the Board.

    Mayor Pro Tem Behringer said she was approached by someone last week who hadbeen employed there that said this has been happening all along. She said sheis concerned about any prior occurrences and that others know about it and didnot come forward; this puts other employees at risk. Chief Zuidema said the

    h b h hi b h i i bl h f

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    Council Member Kennedy said he is pleased to hear there have been no financialimproprieties and to hear relationships between Fire and Rescue have improveddue to resignations of the former chiefs. Aside from financial review, thereseems to be a limited role the Town will take in recent events other thanthose in criminal investigation. He said he is looking forward to assisting inthe rescue/fire merger and said he hopes it will take place sooner than later.He said he is pleased Mr. Smith is there as the Chairman of the Board and heis confident that the Garner Rescue Chief and the Garner Fire Chief and canmake progress on issues facing us.

    Conclusion:

    The Council directed staff to move forward with the tasks presented in theManagers report. Mr. Watkins said item B has been accomplished as a part ofthis meeting. He asked if the Council prefers the Ad Hoc Work Group continueto meet or the Council as a whole. Council Member Marshburn said he iscomfortable with the Ad Hoc Work Group and commended the Manager on takingactions steps and working actively to resolve some issues.

    Mr. Watkins said he will proceed with the rest of the items and give reports.He said if we engage in an audit firm he will communicate that to the Counciland provide an agreement if needed. He said we can also make an inquiry toWake County since their audit.

    Sam Hudson, 1403 Spring Drive, said he has been with the organization sincethe beginning. He gave a history of the EMS/Rescue agency to try and explainhow things have come to be.

    There being no further business the meeting was adjourned.

    Adjournment: 9:00 PM

    Motion: KennedySecond: BehringerVote: Unanimous

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    Town of GarnerTown Council

    Work Session MinutesSeptember 28, 2010 - 6:00 P.M.

    The Garner Town Council met in a Work Session at 6:00 p.m. on Tuesday,September 28, 2010 in the Town Hall Council Meeting Room to discuss thefollowing:

    Attending: Mayor Williams, Mayor Pro Tem Behringer, Council MembersMarshburn, Johns, Council Member Singleton arrived at 6:30 and Council MemberKennedy excused absence

    STAFF MEMBERS PRESENT: Hardin Watkins, Town Manager; Rodney Dickerson,Assistant Town Manager; Bill Anderson, Town Attorney; Brad Bass, PlanningDirector; Lin Jones, Finance Director; Brandon Zuidema, Police Chief; MatthewPoole, Interim Fire Chief and Tony Beasley, Economic Development Director

    CALL MEETING TO ORDER at 6:07 P.M.

    OLD/NEW BUSINESS

    Accept Transfer of Rescue Vehicle and Associated Liabilities from GarnerRescue

    Presenter: Lin Jones, Finance DirectorAction: Adoption of Resolution No. (2010) 2070

    Motion: BehringerSecond: JohnsVote: 3-0 (Marshburn, Behringer & Johns)

    PRESENTATION

    Triangle Expressway Southeast Connector UpdatePresenters: Roy Bruce, H.W. Lochner, Inc. Senior Vice President

    Christy Shumate, NC Turnpike Authority, Senior TransportationPlanner

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    Mayor Pro Tem Behringer asked Mr. Bruce to explain what corridor protectionmeans. Mr. Bruce replied this means State Law preserves an area from futuredevelopment. The property within that corridor would be denied for buildingpurposes.

    Council Member Johns asked how many miles are there in the northern section.Mr. Bruce replied there is approximately 40 miles.

    Hardin Watkins asked what permits are needed to start building the project.Ms. Shumate replied we will need all federal permits and we need to follow(NEPA) National Environmental Policy Act to build the project.

    Mr. Watkins asked when citizens and the Town might be able to express theircomments on changes to the routes. Ms. Shumate replied the public comment

    deadline is October 22. There will be some smaller workshops later on into2011.

    Council Member Marshburn said out of the meetings so far, it appears that theorange corridor is the favored one. Mr. Bruce said the benefit of the orangecorridor is that it is a protected. This corridor has environmental issuesalso.

    Council Member Singleton said he does not like the red corridor option. Thered corridor splits Garner and he would like to see the red corridor removed.

    Council Member Marshburn and Mayor Pro Tem Behringer said they concurred withMr. Singleton.

    Mayor Williams thanked Mr. Bruce and Ms. Shumate for their presentation.

    Mayor Williams opened the meeting for public comments.

    Brian Sherman

    110 Vista Drive, GarnerMr. Sherman said the project needs to be clear and in support for Garnersvision.

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    DISCUSSION

    Police Department Organizational RestructuringPresenter: Brandon Zuidema, Police Chief

    Police Chief Zuidema explained the Police Departments OrganizationalRestructuring.

    Overview: Initiative evolved from discussion of organizational strengths

    and areas for improvement Plan developed over six months Designed by the Command Staff Input from other supervisors and employees

    Discussion & Analysis Limitations for change: No new positions No additional funds Same or better level of service No change for the sake of change

    Discussion & Analysis Three questions were asked: Can we do this? Will it provide the same or ideally better service to the

    community and our employees? Will you support this change?

    Chief Zuidema went over the current new organization charts. He said thereare currently 64 officers and 30 on patrol. There are 4 officers in schoolsand 5 officers as safety officers.

    Significant Changes Chain of Command & Span of Control: Every Division has a Sergeant(s) & Lieutenant All Operations activities go through the Deputy Chief Deputy Chief, Professional Standards & Administrative Manager

    report to the Chief No one directly supervises more than six people

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    Created a position in Professional Standards (using existingstaffing)

    Sergeants Creation of four development positions (using existing staffing)

    Greater exposure outside patrolPlatoon Leaders New opportunity for supervisory development

    Significant Changes Employee Development:

    E Platoon Rotation in Specialized Positions Acting Supervisor Roles Additional training Opportunities

    Significant Changes What you & the citizens will see: Ideally-very little noticeable change Staffing more based around call volume Reduction in overtime costs More ability to focus on problem areas & initiatives

    Significant Changes Other benefits from this change: Succession planning Workload adjustments Enhanced focus an external recruitment Enhanced focus on properly & evidence handling

    Council Member Marshburn asked if there is a local fire arms range. ChiefZuidema replied the Police Department has traveled to Salemburg, Raleigh,Cary, Wake Forest and Holly Springs for the fire arms ranges. He said it is astruggle not to have to travel too far. There may be an opportunity in thefuture to partner with some other towns.

    Mayor Williams asked if there are any captains or majors in the department.Chief Zuidema replied no, we are comfortable with what we have structured.

    Council Member Singleton asked if this restructuring was developed by the

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    Section 1. PURPOSEThe purpose of this contract is to provide the terms and conditions underwhich GVFR, Inc. will provide fire protection to all real and personalproperty lying within the boundaries of the town of Garner.

    Section 2. DISBURSEMENT OF TOWN FUNDSFor each fiscal year, funds will be provided based upon the following: a)receipt of a reasonable and justifiable outline of needs via a detailed line-item budget document from GVFR, Inc.; 2) review, modification, and adjustmentof projected budget needs by Town officials, to include Town ManagersOffice, Finance Department, and Town Council; c) discussion, explanation, andinformation exchange in budget deliberation process by both parties; d)development of a final proposed budget amount to be proposed by Town staff tothe Town Council; and e) approval of a final budget amount by Town Council in

    order for GVFR, Inc. to furnish adequate fire protection in Town.

    Section 5. USE OF TOWN FUNDSAll public funds received by GVFR, Inc. from the Town shall be used for GVFR,Inc. operations, fire protection and response in the Fire Insurance andResponse District and other areas of response as dispatched and to meet thestandards established by this agreement.Section 6. BOOKS AND RECORDSThe Town may inspect the financial books and records of GVFR, Inc. during theregular business hours of the Town. GVFR, Inc. agrees that it will supplysuch financial records, information or verification as may be requested bythe Town.

    GVFR, Inc. Board is required to review all bank statements monthly. GVFR,Inc. shall make periodic reports as requested, and provide bi-monthlyupdate/reports to the Town.

    Section 7. MONTHLY REPORTGVFR, Inc. shall provide to its Board of Directors at least monthly a

    financial report containing at a minimum 1) a Balance sheet 2) a Statement ofIncome and Expenses, and 3) a Transaction Detail for the entire month.Copies of cancelled checks shall also be available for inspection by membersof the Board of Directors.

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    Section 14. STANDARDS OF PERFORMANCE

    P. FUND BALANCE:

    At a minimum, GVFR, Inc. shall have on hand, as of thebeginning of the fiscal year, available (unrestricted) cash andinvestments of at least 5% of their annual Town appropriation. At their

    discretion, departments may maintain a fund balance between 5-6% of theiroperating budget. This range is meant to give departments flexibility inmanaging their operating funds.

    Fire Departments with fund balance and reserves exceeding 6% of thedepartments annual operating budget are expected to use these resources forplanned capital purchases, retiring debt, or emergency one-time purchases.Accordingly, a department with reserves in excess of 6% of its operatingbudget must choose from one or more of the following uses for the excessfunds:

    Retire existing debt, Finance apparatus, station improvements, or other capital needs

    that have been identified as priorities by the Fire Commissionand County staff in the Long Range Plan,

    Reserve funds for future capital projects that have beenidentified as priorities by the Fire Commission and County staffin the Long Range Plan (funds must be reserved formally with thedepartments auditor; Annual financial statements must reflectall such reservations),

    Make emergency non-budgeted expenditures for unanticipated repair Replacement of essential firefighting equipment one- time

    purchases for such equipment as SCBA and SCBA cylinders withspecifications approved by Fire Commission

    The funds may be used for operating expenses if approved by theFire Commission, the Department of Fire and Emergency ManagementDirector, Town staff, Budget Director, and Town Manager.

    Section 18. TERMINATION

    Failure of the Town and GVFR, Inc. to agree upon the amount of funding shallterminate this contract in accordance with this section of this Agreement.

    Section 22. COMPOITION OF BOARD OF DIRECTORS

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    Family member shall be defined as a parent, spouse, child, or sibling ofthe member, including a parent, child, or sibling of the members spouse.

    If a family member as defined herein is a properly elected or appointeddirector at the time this Agreement is entered, then and in that event, theBoard of Directors shall: 1) request the resignation of such member or takeany other action available under the current by-laws to insure that thefamily member does not serve as a director during the performance of thisfiscal years contract, and 2) change the by-laws at the next legalopportunity to insure that no family member serves as a director during theperformance of this contract.

    The Composition of the Board of Directors shall consist of seven persons,including the President.

    Two (2) directors shall be selected by the volunteer members of GVFR,Inc. from amongst the membership;

    Two (2) directors shall be Town of Garner citizens appointed by theTown Council;

    Two (2) directors shall be persons from outside the organization inkeeping with the 20% requirement in the Wake County fire servicescontract. One (1) of these two will be selected by the Town Council.

    One (1) of these two will be selected by GVFR, Inc. However, each ofthese two appointees must be accepted and mutually agreed upon by theTown and GVFR, Inc. in advance of their formal selection andappointment.

    One (1) director shall be called President and will be selected byGVFR, Inc. The President will preside over Board of Directorsmeetings. The President will not vote on Board matters unless a tieexists, in which case the President will vote to break said tie.

    All individuals appointed to the Board of Directors shall reside in eitherthe Town Limits or Garner fire service district.

    Terms for all Board of Directors members and President shall be two years in

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    Council Member Marshburn asked how many volunteers are being used. Mr.Dickerson replied there are 35. Mr. Dickerson said the GVFR has been sent acopy of the contract.

    Council Member Singleton thanked staff, Rodney Dickerson, Council Member

    Kennedy; Matthew Poole, Interim Fire Chief; Joe Sample, Board of DirectorsNon Fire Department Member and Steve Woodall, Board of Director President andthe Ad Hoc Committee for all their hard work on this contract. Mr. Singletonsaid the changes have been supported by the Fire Department and it is areasonable contract. He said we need to work with the Fire Department in theyears ahead. Mr. Singleton said next years budget process will be somewhatdifferent than last year.

    Council Member Marshburn asked if the contract needs to be approved by both

    sides. Mr. Dickerson replied that is correct. He said Town Council will voteon the contract at their October 14 meeting. The GVFR will vote on thecontract at their October 12. The execution of the contract will take placeonce approved by both sides.

    Mayor Pro Tem Behringer asked how Station 4 will come on line and how doesthis affect the percentage with Wake County. Mr. Dickerson replied Station 4will be treated separately from Stations 1, 2 and 3. Hardin Watkins said aseparate percentage for Station 4 will be negotiated with Wake County and notGVFR. He said the Town is at a very fair position with the percentages as

    there are now.

    Joe Sample, appointed spokesman for the Garner Volunteer Fire-Rescue Board ofDirectors addressed the Town Council. He said he came tonight to further theTowns understanding of the good works of the Fire Department, especiallythose good works of the last eight months. The contract was presented to theFire Department last Friday.

    He said the Fire Department Board of Directors now has had a chance to review

    the draft of the proposed contract between the Town and the Garner VolunteerFire Department and requested that he respond for them.

    Mr. Sample said while it would be the Board of Directors collective desire to

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    concern because that last paragraph says that if the Town and the FireDepartment fail to come to an agreement on a funding level suchdisagreement will result in termination of the contract.

    The position on this matter is that the Fire Department Board of

    Directors would like to see this paragraph stricken from the contractor, in the alternative, language by the Town inserted to provideadequate levels of funding for adequate fire protection given thefederal and state standards under which the Fire Department operates.

    4. He said perhaps the most troublesome section of the draft contract isSection 22, Composition of the Fire Department Board of Directors. TheBoard of Directors strongly feels that it has been responsive andresponsible and acted swiftly (but with spirited discussion) to all ofthe problems and opportunities which have come their way in the lasteight months. A little more than two years ago, the Fire DepartmentBoard of Directors and the body of 52 volunteers voluntarily (withoutdirection from either the County or Town) reduced the number ofvolunteers on its Board to include first one and then two outside Boardmembers. He said he is not sure that if those two outside BoardMembers knew then what they know now that they would have volunteeredto serve; nonetheless they have offered their business and communityacumen to the body of thought as the Fire Department has faced firstthis challenge and then another these last eight months.

    Now the Town wants to change the composition of the Board of Directorsto include additional representation and further reduce the number ofvolunteers who have so capably and faithfully built and served the FireDepartment. The Towns model for the Board of Directors compositionbasically is a 3-2-2 model wherein the firefighter volunteers wouldhave two board positions plus the non-voting president, the Town wouldhave two appointees and the Fire Department would have two selections,one of which would also be acceptable to the Town.

    A special Board meeting was called; the Board of Directors held alengthy, serious and thorough discussion and voted unanimously to offeran alternative to the proposed Board of Directors composition

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    The Board of Directors also strongly feels that they have done eithervoluntarily or by suggestion from its County and Town tax partners any andall changes deemed prudent for a well-managed, well-trained Fire Departmentwhich has never failed to respond to a 911 call for help in 58 years. TheBoard of Directors welcomes constructive suggestions; they have no problem

    with financial oversight and indeed welcome it. They want to be off the frontpage of the newspaper, and do what they do best; provide first-class fireprotection and rescue services to the public which they serve and whomCouncil serves as well.

    Mr. Sample thanked Town Council for allowing him the opportunity to offer theBoard of Directors reasoned thinking as revisions to the draft contract. Hesaid he was proud to be associated with these volunteers and paidfirefighters who put their lives on the line each time the pager goes off.

    Mr. Sample said the Board of Directors wants to delete the last paragraph inSection 18 which states; Failure of the Town and GVFR, Inc. to agree upon theamount of funding shall terminate this contract in accordance with thissection of this Agreement.

    Council Member Singleton said with this statement the Council is trying toprotect the tax payers. Mr. Sample said GVFR needs assurance from the Town toprovide adequate levels of funding.

    Council Member Marshburn asked if the Board of Directors president servesonly one year. Mr. Sample replied yes. Council Member Marshburn asked afterone year do they stay on the Board. Mr. Sample replied they may be reelectedto the Board.

    Mayor Pro Tem Behringer asked if Wake County standard need is twenty percent(20%). Mr. Sample replied Wake County asks for twenty percent (20%) on theBoard of Directors that are not volunteers.

    Council Member Singleton said this is an organization that is supported bythe Town and Wake County. The Fire Department has input on four boardmembers. The Town has input on three board members and he felt that this isextremely reasonable. He said two board members are selected jointly.

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    Mayor Pro Tem Behringer said service of the volunteers should be separatefrom the governance. She said we have come a long way with mutual trust andthe Board of Directors needs to trust the Town as well.

    Council Member Singleton said he felt that most of the changes that were

    asked for tonight by the Board of Directors could be handled. He said thegovernance issue is the only one that needs to be checked over and discussedto iron out the details.

    Action: Take to Town Council Meeting on October 14, 2010

    Garner Rescue, EMS, BLS UpdatePresenter Hardin Watkins, Town Manager

    Mr. Watkins reported the Squad Vehicle #881, commonly known as the blue heavyrescue truck will be taken over by the Town on October 1, 2010, Fridaymorning. There will be an inventory of the truck and its items to make sureeverything is intact. The vehicle will be stored under a covered shelter atPublic Works until a plan for the disposal of the truck is made.

    An Ad Hoc committee meeting will take place next week to come up with a planfor the items left on the truck and what to do with them.

    Mr. Watkins said Basic Life Support will still be at the EMS location on

    Vandora Springs Road with 12-15 staff members there 24 hours a day.

    Action: Update Received

    REPORTS

    Fire Department Bi-Monthly UpdatePresenter: Matthew Poole, Interim Fire Chief

    Interim Chief Poole gave a power point presentation. He went over the

    following topics:

    Improvement Initiatives:

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    New Recruits

    Fire Station 4 hired 9 employees in the fire academy/Wake County firetraining center

    Interim Chief Poole handed out the policies and procedures for criminalbackground checks. He said the purpose is to follow all Town and Countycontracts ensuring the members of the organization are clear from any felonyconvictions or serious misdemeanor convictions that would conflict with theirduties as a firefighter. It will be the responsibility of each member toexercise the appropriate control as dictated by his/her rank in theimplementation of the procedure.

    Interim Chief Poole said Garner Firemans Day will be on Saturday, October 3at Main Street and Benson Road from 11:00-7:00 and tickets are $5.00. The

    money will be donated to the Jaycee Burn Center, Relay for Life and otherorganizations.

    Council Member Marshburn asked if the scholarships are available to paidemployees and all the volunteers. Mr. Poole replied the scholarships are onlyoffered to the paid employees.

    Action: Update Received

    CLOSED SESSION PURSUANT TO N.C.G.S. 143-318.11(a)(3) TO DISCUSSPENDING LITIGATION, AS TO WHICH THE TOWN ATTORNEY ASSETS A CLAIM OF

    ATTONREY-CLIENT PRIVILEGE, AND SPECIFICALLY THE CASE OF USA AND OXFORDHOUSE V. TOWN OF GARNER ET AL, IN THE U. S. DISTRICT COURT, AND TOWNOF GARNER V. MELLON BANK, PENDING IN WAKE COUNTY SUPERIOR COURT.

    Motion: SingletonSecond: BehringerVote: Unanimous

    The Council returned to Regular Session

    Motion: MarshburnSecond: Johns

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    Financial Report for AugustPresenter: Lin Jones, Finance Director

    Mr. Jones updated Council on the statement of revenues and expenditures forthe period of July 1, 2010 through August 31, 2010. He said the highlighted

    differences were: Governing Body expenditures include annual dues to Triangle J & NC

    League of Municipalities of $25,587 and one time payments tosubsidized programs of $52,300.

    Administration expenditures include onetime payment for workerscompensation.

    Engineering expenses include payment for the Highway 50 sewersystem.

    Fire service expenditures represent change in funding method fromprior year.

    Action: Update Received

    Economic Downturn UpdatePresenter: Lin Jones, Finance Director

    Mr. Jones highlights the items for the economic update.

    National Outlook (Wells Fargo Securities Economic Group 9-8-2010)

    Fear of a double dip recession has subsided. Housing remains one of the biggest problem areas. Commercial real estate is another trouble spot. One of the biggest immediate challenges is the large number of jobs

    lost and the high unemployment rate sustained over the past two years.

    Federal Reserve Press Release (9-21-2010)

    Pace of recovery in output and employment has slowed in recent months. Household spending is constrained by high unemployment, modest income

    growth lower housing wealth and tight credit

    Page 19 of 21

    Agenda Item G-1f

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    Bond Sale UpdatePresenter: Lin Jones, Finance Director

    Mr. Jones said bonds will be sold on October 5, 2010. He said we will sell$6,050,000 in bonds.

    Breakdown: White Deer Park $3.2 million; Timber Drive $2.5 million andVandora Roundabout $350,000.

    Mr. Jones said presentations were made to Moodys, Standard & Poors lastweek and we expect to receive their ratings later this week. The bidders ofthe bonds will have the option of offering Build America Bonds. The Townwould receive a refund equal to 35% of the taxable interest paid. He said wewill accept the bid that has the lowest interest rate for the Town.The Town has granted Davenport & Company, LLC permission to bid for the bondsallowing Davenport to bid was encouraged by both the Local Government CreditUnion and the Bond Council.

    Action: Update Received

    Adjournment: 10: 26 PM

    Motion: MarshburnSecond: Behringer

    Vote: Unanimous

    Respectfully Submitted

    Catherine Reynolds, Deputy Town Clerk

    Page 20 of 21

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    Town of GarnerAnnexation Staff Report

    Garner Town CouncilOctober 14, 2010

    ANNEXATION APPLICATION: ANX-10-08

    OWNER:Rachel Blalock

    CONTIGUOUS / SATELLITE: Satellite

    LOCATION OF PROPERTY: 5001 Old Stage Roadnear US 401

    WAKE COUNTY PIN #:

    REAL ESTATE ID #:

    1701148445

    0006529

    AREA: 0.57 acres

    ZONING: R-20--Residential

    ASSOCIATED DEVELOPMENTPLAN:

    There is no associated site development planwith this property The property owner has

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    RESOLUTION NO. (2010) 2075

    RESOLUTION DIRECTING THE CLERK TO INVESTIGATEPETITION RECEIVED UNDER G.S. 160A-58.1

    (ANX 10-08) Rachel Blalock, 5001 Old Stage Road

    WHEREAS, a petition requesting annexation of the areadescribed in said petition was received by the Town Council; and

    WHEREAS, G.S. 160A-58.1 provides that the sufficiency ofthis petition be investigated by the Town Clerk before furtherannexation proceedings may take place; and

    WHEREAS, the Garner Town Council, deems it advisable toproceed in response to this request for annexation;

    NOW, THEREFORE, BE IT RESOLVED by the Garner Town Council,North Carolina:

    That the Town Clerk is hereby directed to investigate thesufficiency of the above described petition and to certify assoon as possible to the Town Council the result of herinvestigation.

    Duly adopted this 14 th

    day of October, 2010.

    ______________________________

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    TOWN OF GARNER

    MEMORANDUM

    To: Hardin WatkinsTown Manager

    From: Lin JonesFinance Director

    Date: October 7, 2010

    Subject: Budget Amendment

    1. Provide funding for transfer of Squad Vehicle #881 from Garner EMS &Rescue Squad Inc ($324,892). Funding will be Proceeds from Issuanceof Debt to reflect the assumption of a loan outstanding on thevehicle.

    2. Provide funding for one debt service payment ($13,321) on SquadVehicle #881. Funding will be provided by a refund of the loan

    payment from Garner EMS & Rescue Inc.

    CURRENT AMENDED NET CHANGEGENERAL FUND

    REVENUES

    10305000465030 Miscellaneous Revenue $ 12,000 $ 25,321 $ +13,321

    10309000 Proceeds from Issuance476020 of Debt 56,000 380,892 +324,892

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    ORDINANCE NO. (2010) 3599

    ORDINANCE AMENDING ORDINANCE NO. (2010) 3586

    WHICH ESTABLISHED THE 2010 - 2011 OPERATING BUDGET

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

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

    CURRENT AMENDED NET CHANGEGENERAL FUND

    REVENUES

    10305000465030 Miscellaneous Revenue $ 12,000 $ 25,321 $ +13,321

    10309000 Proceeds from Issuance476020 of Debt 56,000 380,892 +324,892

    EXPENDITURES

    104110-104120 Legislative $682,632 1,007,524 +324,892

    105800 Debt Service 883,707 897,028 +13,321

    Section Two. Copies of this ordinance shall be furnished to the FinanceDirector and the Town Clerk for their direction in the disbursement of theTown's funds and for public inspection.

    Duly adopted this 14 th

    day of October, 2010.

    _______________________________Ronnie S Williams Mayor

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    M EMORANDUM

    To: Hardin WatkinsTown Manager

    From: Judy Bass

    Date: October 8, 2010

    Subject: Resolution for Trick-or-Treating

    This year, staff has received a large number of questions about whenthe Town will recognize Trick-or-Treaters. I believe this is becausethe 31 st falls on a Sunday. In the past, we have continued torecognize the 31 st

    for Trick-or-Treating regardless of what day itfalls.

    I am presenting a resolution to the Council for consideration. Thisdocument was drafted from a sample resolution that has been adopted bya number of communities around North Carolina. In addition to

    establishing the day, it sets forth safety, courtesy and common senseguidelines to protect participants and preserve the peace for non-participants.

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    EXCERPT

    CITY OF RALEIGHCITY COUNCIL MINUTES

    JUNE 28, 2010

    The City Council of the City of Raleigh met in regular Budget Work Session at 4:00 p.m.on Monday, June 28, 2010, in the City Council Chamber, Raleigh Municipal Building,222 West Hargett Street, Avery C. Upchurch Government Complex, Raleigh, NorthCarolina, with the following present.

    Mayor Charles C. Meeker Mayor Pro Tem James P. WestCouncilor Mary-Ann BaldwinCouncilor Thomas G. CrowderCouncilor Bonner GaylordCouncilor Nancy McFarlaneCouncilor John Odom

    Councilor Russ Stephenson

    PUBLIC UTILITIES BUDGET VARIOUS RECOMMENDATIONS APPROVED; WATER UTILITY TRANSITION ADVISORY COMMITTEECREATED

    Mayor Meeker announced the next matter for discussion was public utilities rates. TheCouncil had received the City Manager's recommendation, and the Mayor had also askedthat a supplement to that recommendation be circulated to the Council which would (1)

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    EffectiveNovember 1, 2010(revenue neutral)_ Effective November

    1, 2010

    Residential FromTier 1 0 to 4 ccf $2.28 $2.28

    To

    Tier 2 4 to 10 ccf $3.38 $3.80Tier 3 10+ ccf $4.48 $5.07Irrigation rate $4.48 $5.07Non-Residential

    $2.65 $2.95

    Mayor Meeker moved approval of the Public Utilities budget as recommended by theCity Manager with the supplement as shown to restore the $3 million of activities and topay for that amount by adjusting the water rate tiers to a higher rate as shown. Hismotion was seconded by Ms. Baldwin.

    Mr. Crowder offered a substitute motion to adopt a different proposal as follows: keepTier 1 rates the same, Tier 2 would increase 4% instead of 9%, Tier 3 would increase 9%,the irrigation would increase significantly to $7.74, and retain the increase in the nutrientfee. These items total approximately $4.15 million. His proposal includes $1 million tocontinue the Upper Neuse Initiative, as well as restoration of the expense cut funding asper the Mayor's motion. Mr. Stephenson seconded Mr. Crowder's motion.

    Mayor Meeker thanked Mr. Crowder for the alternative motion, but said he will not

    support it because he thinks Tier 4 (irrigation) is somewhat high and he is not sure this isa good time to change capacity fees.

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    The City Manager noted that during discussion of alternatives for the Little RiverReservoir, Council probably sensed there will be an expectation of pricing incentiveswhen a utility looks at generating new resources. He believes tiered rates are the rightdirection to take for long-term conservation. He also believes a balance has been struck so there will not be a large impact on the average usage customer and the high-endcustomers will not be driven away. It will probably take a couple of full seasons beforethe actual effect of tiered rates can be determined.

    Mr. Crowder said monthly rates will help citizens budget their money better than thecurrent bimonthly rates. Many residents in his district cannot meet their monthly billsbecause they are on fixed incomes. One resident told Mr. Crowder his taxes are higherthan his house payment was. Mr. Stephenson commented that no one wants to raise thewater rates. However, the City has incurred debt, consumption is down and there is morecapacity than is needed right now, and the City might "mothball" the Dempsey E. BentonWater Treatment Plant because annual operating costs are $3.7 million. The alternativeis how to keep from hurting the people who can least afford an increase in water rates.People who use a lot of water will continue using and paying, which helps the City payoff its debt. The City is building capacity for summer peak use and the more the City canincentivize so people will bring down that peak, rates can be kept low and water supplyensured for the future.

    Mayor Meeker called the question on the substitute motion to approve the utilities budgetand rates as recommended with the adjustments as set out in Mr. Crowder's handout. Aroll call vote resulted in Mr. Stephenson, Ms. Baldwin, Ms. McFarland and Mr. Crowdervoting in favor of the motion and Mr. Odom, Mr. West, Mr. Gaylord and Mayor Meekervoting against it. The Mayor ruled the motion failed on a 4-4 vote.

    Mayor Meeker returned the discussion to the original motion. Ms. McFarlane stated theCouncil is heading toward the same goal at cross-purposes. The City needs to sell a lot of

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    guide the Council and City management's investments in water resources. Thiscould be overseen by the same committee. Basically, we need someone thatknows the facts to advise us on growth, potential water needs, resources (LittleRiver) and what we can realistically expect from conservation and reuse potential.

    This group can also work with staff with regard to rebate programs, i.e. , decreaseson fees if a new house in Energy Star rated, etc.

    I would suggest that this group be formed in the same way that we haveapproached other task forces. Nominations will be suggested from all Councilmembers, with a recommendation back to Council of a final board from a panel of three City Council members.

    Mayor Meeker stated he would treat that as a friendly amendment to his motion. Ms.McFarlane suggested the new committee be composed of seven members, and the Mayoragreed.

    Mr. Odom said he is not against this, but it is not solving the issue at hand, which is to getrid of debt. He suggested letting the citizens make the choice to use water. The Citycould use tiered rates, but take restrictions off water use. Mr. Odom made a substitutemotion to remove restrictions on water use. The motion failed for lack of a second.

    Mayor Meeker brought the discussion back to the main motion to adopt the PublicUtilities Capital Operating Budget as amended by the rates set out in the June 23, 2010memorandum from the City Manager, which would keep Tier 1 the same and increase theremaining tiers and non-residential rates, and to create the Water Utility Transition

    Advisory Committee

    Mr. Stephenson asked where this motion would leave the City Manager's increase.

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    TOWN OF GARNERM E M O R A N D U M

    TO: Hardin WatkinsTown Manager

    FROM: Frank H. Powell, Jr., PETown Engineer

    DATE: October 8, 2010

    SUBJECT: Water Shortage Response PlanCity of Raleigh Public Utilities

    As requested I have reviewed the draft Water Shortage Response Plan (WSRP) that theCity of Raleigh is required to submit to the State Division of Water Resources. Basedupon that review it appears that the drought measures proposed in the WSRP are almostidentical to the measures that were enacted during the 2007 drought. I talked with Kenny

    Waldroup with the City of Raleigh and he confirmed this opinion. However he didindicate that there has been a slight change in protocol with regards to enacting themeasures. During the 2007 drought the Raleigh City Council wanted to be in full controlof when we went to a particular stage requiring additional water conservationmeasures. The Division of Water Resources has told Raleigh that there has to be somemandatory trigger points that, when reached, will immediately require the communityto go into a particular stage of conservation. Also this stage would be enacted by anauthorized person without having to take it to City Council. What this draft plan does islower the trigger points, based upon percentage of remaining capacity in Falls Lake, fromwhat it was in 2007. That way the City Council can voluntarily enter the next waterconservation stage at the same level it did in 2007 before the hard trigger point is

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    CCCiiitttyyy ooofff RRRaaallleeeiiiggghhhsss

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    PUBLIC REVIEW & COMMUNITY OUTREACH:To m t t r quir m nt of t Nort Carolina Divi ion of at r R ourc , t i

    Water Shortage Response Plan ( R ) mu t b mad availabl to utility customer for

    r vi w. A uc , t lan will b acc ibl t rou t City w b it ,

    www.ral i nc. ov and all comm nt may b dir ct d to r p ctiv City Council

    r pr ntativ , or t Utiliti Advi ory Committ (UAC) w ic con i t ofCity taff

    from t o Town al o rv d by t Cityof Ral i ublicUtiliti D partm nt. All

    inquiri will b a d and r vi ion will b mad and publi d wit in 30 day of

    Councilapproval.

    T ublic Utiliti Dir ctor, or i / r d i n , i r pon ibl for d v lopin andmaintainin a compr n iv wat r con rvation ducation pro ram to impl m nt

    t City wat r con rvation pro ram and B t Mana m nt ractic (BM ). T

    City of Ral i Water Conservation Plan rv a t principal t xt for t wat r

    con rvation ducation pro ram.

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    ACRONYMS

    A A = Am rican at r ork A ociation

    BM = B t Mana m nt ractic

    EM R = Ev ryday Mandatory at r R triction

    G C D ( pcpd) = Gallon p r Capita p r Day

    L = Local at r upply lan

    MGD= Million Gallon p r Day

    M C = Major at r Cla

    M U = Major at r U r

    O A A = Oran at r and w r Aut ority

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    TABLE OF CONTENTS

    PUBLIC REVIEW & COMMUNITY OUTREACH: ................................................................. 2

    ACRONYMS ........................................................................................................................ 3

    TABLE OF CONTENTS ........................................................................................................ 4

    EXECUTIVE SUMMARY...................................................................................................... 6

    INTRODUCTION: .................................................................................................................7

    CO E: ............................................................................................................................ 7OLICY RINCI LE : ...................................................................................................... 7UR O E AND INTENT: ................................................................................................. 7

    OBJECTIVE : ................................................................................................................... 8

    WATER SUPPLY:................................................................................................................10

    Figure 1. Water allotments for Falls Lake ...................................................................11 EVERITY MEA URE : ...................................................................................................11

    WSRP IMPLEMENTATION AUTHORITY:.......................................................................... 13

    RE ORTING ATER DATA:........................................................................................... 13

    TRIGGERS: ......................................................................................................................... 15

    ERMANENT CON ERVATION MEA URE ( CM) TRIGGER: .....................................15ADVI ORY TAGE TRIGGER: ......................................................................................... 15TAGE 1 TRIGGER:..........................................................................................................15

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    GOLF COUR E : ........................................................................................................... 30STAGE 1:..................................................................................................................... 30 STAGE 2: .................................................................................................................... 30 STAGE 3: .................................................................................................................... 30

    CAR A HE : ................................................................................................................ 31HO ITALITY: RE TAURANT & HOTEL : ...................................................................32

    RALEIGHS MAJOR WATER CLASSES (MWCS):............................................................. 34

    Figure 2: Raleighs MWCs, major water classes, 2009. ..............................................34 Table 3: Average million gallons per day (MGD) per each water user.................Error!Bookmark not defined.

    MAJOR ATER U ER (M U ): ................................................................................ 35

    NOTIFICATION: ................................................................................................................ 36

    ENFORCEMENT: ............................................................................................................... 38

    ARTICLE E: ENFORCEMENT ORDINANCE LANGUAGE................................................ 38VIOLATIONS OF STAGE 1:........................................................................................... 38 VIOLATIONS OF STAGE 2: .......................................................................................... 39 VIOLATIONS OF STAGE 3: .......................................................................................... 39

    A E MENT:............................................................................................................... 40VARIANCE : .................................................................................................................. 40

    EFFECTIVENESS, EVALUATION & REVISION:..................................................................41

    DEFINITIONS .................................................................................................................... 43

    APPENDIX A: BEST MANAGEMENT PRACTICES (BMPS): 47

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    EXECUTIVE SUMMARYDurin t drou t of 2007-2008, it cam to t att ntion of t tat and t City

    alik t at a d tail d plan for r ducin wat r con umption wa n c ary to prot ct

    local wat r r ourc . Eac public wat r y t m i r quir d to provid aWater

    Shortage Response Plan ( R ) und r Nort Carolina G n ral tatut 143-355 (l) a

    part of t ir Local at r upply lan (L ); additionally, t 15A NCAC 02E. 0607

    r ulat p cific i u w ic mu t b addr d wit in ac plan.

    T City of Ral i av ra pumpa , durin t 2009cal ndar y ar, qual d 48

    MGD1. Approximat ly 64 p rc nt of t City wat r con umption i from r id ntial

    customer ; daily con umption av ra qual approximat ly 71 allon p r capita p r day (G C D)2 wit t i numb r incr a in in t umm r mont , mo t lik ly du to

    irri ation and ot r outdoor activiti . T r for , many of t con rvation ta

    d tail d wit in t i lan ar focu d on r ducin r id ntial wat r con umption.

    T Cityof Ral i R and t con rvation ta w r cr at d in con ultation

    wit t City of Ral i at r Con rvation Advi ory Council ( CAC) and in

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    WWWAAATTTEEERRR SSSUUUPPPPPPLLLYYY

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    WATER SUPPLY:T City of Ral i obtain it drinkin water upply from two wat r tr atm nt

    plant . T E.M. Jo n on lant utiliz Fall Lak R rvoir, w ic i locat d on t

    Upp r N u Riv r and mana d by t U. . Army Corp of En in r . T dam i

    locat d 10 mil nort of Ral i . T main body of t Lak li in ak , Dur am,

    and Granvill counti . T curr nt maximum tr atm nt capacity of t E.M.

    Jo n on at r Tr atm nt lant i 86 million allon p r day.

    T City condwater tr atm nt plant i t D mp y E. B nton lant, w ic

    utiliz water from Lak B n on, a 500-acr r rvoir, and Lak l r, a 650-acr

    r rvoir. To t r, t wift Cr k r rvoir y t m can provid 11.2 MGD for a 50-y ar r occurrin r liabl yi ld int rval. T D mp y E. B nton ater Tr atm nt

    lant op n d in May, 2010, and a t capacity to tr at up to 20 million allon a

    day.

    T E.M. Jo n on at r Tr atm nt lant and t n w D mp y E. B nton at r

    Tr atm nt lant ar xp ct d to m t t ar a' water n d t rou 2018. To

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    Figure 1. at r allotm nt for Fall Lak in M L (M an a L v l): flood tora , wat r upply, wat r quality and dim nt tora .

    SEVERITY MEASURES:

    v rity m a ur ar t c aract ri tic w ic advi t at tWSSPmay b too lowto m t anticipat d futur d mand . T m a ur may b utiliz d, in combination

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    WWWSSSRRRPPP IIIMMMPPPLLLEEEMMMEEENNNTTTAAATTTIIIOOONNN AAAUUUTTTHHHOOORRRIIITTTYYY

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    WSRP IMPLEMENTATION AUTHORITY:T City Councilmay nact water con rvation ta prior to t minimumtrigger

    wit in t i R .

    How v r, if minimum water upply trigger com to pa , wit out Council nactin

    t corr pondin con rvation ta , t n t City Mana r will av to t

    aut ority to imm diat ly nact t appropriat con rvation ta .

    In ca of t CityMana r ab nc , t Cityof Ral i ublic Utiliti Dir ctor i

    mpow r d to nact t appropriat con rvation ta . Not in r in all b

    con tru d to pr v nt t City Council from nactin and r v r in r quir d wat r

    con rvation m a ur irr p ctiv of t tri r tabli d wit in t i R .

    AUTHORITY PRIMARY AUTHORITY ABSENTEE AUTHORITY

    Name: J. Russell Allen John R. Carman

    Title: City Manager Public Utilities Director

    Contact: (919) 996-3070 (919) 831-6044

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    TTTRRRIIIGGGGGGEEERRRSSS

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    STAGE 2 TRIGGER:

    Mandatory responses for ta 2 will b impl m nt d w n t i l t an or

    qual to 30 p rc nt. T r v r trigger , i nalin t r turn from t i ta to ta 1,

    all b w n t i qual to or r at r t an 70 p rc nt unl for ca t d climatic

    and ydrolo ic condition indicat ta 2water u r triction ould r main in plac .

    STAGE 3 TRIGGER:

    Mandatory responses for ta 3 will b impl m nt d w n t i l t an or

    qual to 10 p rc nt. T r v r trigger , i nalin t r turn from t i ta to ta 2, i

    w n t i qual to or r at r t an 50 p rc nt unl for ca t d climatic and

    ydrolo ic condition indicat ta 3water u r triction ould r main in plac .

    1 7 u

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    L E V E L O F R E S P O N S E

    C O N S U M P T I O N G O A L

    ( G P C P D

    3 )

    t c o n r v a t i o n m a u r a r a l w a y s i n f f c t .

    N o

    l r e s p o n s e s a r n d d w n t r i o v r 8 0 % o f

    w a t r u p p l y . V o l u n t a r y w a t r u m a u r a n d b t

    n t p r a c t i c a r a l w a y n c o u r a d .

    6 5 p c p d

    t o m e r

    w i l l b a d v i d t a t , u n

    l t y r d u c t i r

    a b y a p p r o x i m a t l y 1 0 % t C i t y

    m a y n t r

    ti o n t a 1 . C i t y C o u n c i l m a y i n t r o d u c t a 1

    6 0 p c p d

    t o m e r m u t a b i d b y r q u i r d w a t r u r d u c t i o n a n d

    m a u r ; p n a l t i a p p l y f o r n o n c o m p l i a n c . a t r

    n d i t i o n

    a r i n i f i c a n t l y l o w r t a n t a o n a l n o r m

    r o r t a c o n d i t i o n a r x p c t d t o p r i t . C i t y

    a y i n t r o d u c t a 2

    5 5 p c p d

    l v l o f w a t r u r d u c t i o n a n d

    f f i c i n c y m a u r i

    t o a v o i d n t r i n t a 3 - m r n c y r a t i o n i n .

    f o r n o n - c o m p l i a n c a r m u c i r t a n p r v i o u

    C o u n c i l m a y i n t r o d u c t a 3

    3 5 p c p d

    p p l y c o n d i t i o n a r u b t a n t i a l l y d i m i n i d a n d t

    u p p l y

    m u t b a l l o c a t d t o p r r v u m a n a l t

    n m n t a l i n t r i t y .

    2 5 p c p d

    i l l r r v t r i t t o r m a i n w i t i n a c t a i f f o r c a t d c l i m a t i c c o n d i t i o n i n d i c a t w a t r

    u

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    CCC

    OOO

    NNN

    SSS

    EEE

    RRR

    VVV

    AAA

    TTT

    IIIOOO

    NNN

    SSS

    TTT

    AAA

    GGG

    EEE

    SSS

    &&&

    LLLEEEVVVEEELLLOOOFFF RRREEESSSPPPOOONNNSSSEEE

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    CONSERVATION STAGES & LEVEL OF RESPONSE:Onc a trigger a b n r ac d, t R Aut ority will nact t corr pondin

    Con rvation ta . Eac ta i c aract riz d by it own l v l of r pon , or

    n c ary r triction w ic mu t b impl m nt d to pr rv ad quatwater

    upply. Councilr rv t ri t to impl m nt con rvation ta at any point prior

    to trigger b in m t.

    T i ction d tail t fiv con rvation ta in t rm of t ir l v l of r pon , or

    r triction . T ta includ : rman nt Con rvation M a ur ( CM), and

    ta 1, 2 and 3. Tabl 2, on pa 28, ummariz t outdoor r triction for ac

    ta .

    RESPONSE: EVERYDAY MANDATORY WATER RESTRICTIONS (EMWR)

    ALL r id ntialwater customer ar r qu t d to limit t ir con umption to 65

    G C D1; and abid by t BM li t d in App ndix A. T additionalresponses ar

    r quir d of ALL water customer :

    1) T r day of irri ation p r w k wit alt rnatin day for in- round automat d,

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    T ur day and aturday. rop rti wit EVEN numb r d addr may wat r

    only on dn day, Friday and unday

    2) Irri ation of land cap to av a maximum of on inc p r w k. Allwater

    customer ar xp ct d to monitor t ir water u a to d t rmin t w kly

    irri ation volum .

    3) ALLirri ation y t m andwater customer mu t op rat in a mann r to pr v nt

    water wa t and t application onto imp rviou urfac .

    4) N w Land cap E tabli m nt rmit ar allow d at anytim up to 45 day from

    in tallation.

    5) Id ntify and r pair all water l ak .

    6) at r plant d ply and l fr qu ntly to ncoura root rowt .

    7) a only full load in wa in mac in and di wa r .

    8) U prin -load d nozzl on ard n o .

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    (BM ), a outlin d in App ndix A, ar alway ncoura d. At it di cr tion, t

    Ral i City Councilmay r ard t i advi ory ta a an opportunity to comm nc

    ta 1, and it may act accordin ly.

    RESPONSE: STAGE 1

    ALL water r id ntialcustomer ar r qu t d to r duc t ir water u a to 55

    G C D; ublic Utiliti ducation and outr ac pro ram will ncoura water

    con rvation and ffici ncy m a ur . In addition to t pr viou con rvation

    ta , t followin responses apply durin ta 1:

    STAGE 1 OUTDOOR WATER USES:

    Irri ation water mu t b appli d lowly to ac i v d p p n tration and pr v nt

    water run-off. Dir ct wat rin of imp rviou urfac uc a tr t , parkin lot ,

    driv way and id walk i pro ibit d.

    1) Two day of irri ation p r w k wit alt rnatin day for in- round automat d,non-automat d y t m and o - nd y t m

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    3) Low Volum Drip Irri ation: at rin by low volum drip irri ation i p rmitt d at

    any tim .

    4) N w Land cap E tabli m nt rmit will not b i u d.

    5) L akin water rvic or plumbin mu t b r pair d wit in 48 our of writt n

    notification from t ublic Utiliti Dir ctor.

    EXEMPTIONS TO IRRIGATION REQUIREMENTS:T wat rin r triction all not apply to:

    1) rop rti u in non-potabl /reuse water and non- WSSP y t m of t City for

    land cap irri ation.

    2) at rin of comm rcial contain riz d plant and comm rcial plant tock in trad

    maintain d for r al .

    3) Vi ually up rvi d op ration of wat rin y t m for ort p riod of tim to

    c ck y t m condition.

    4) Irri ation of at l tic fi ld .

    STAGE 1 INDOOR WATER USES:1) Drinkin water all not b rv d in a public r taurant xc pt upon r qu t

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    STAGE 2 OUTDOOR WATER USES:

    Irri ation water mu t b appli d lowly to ac i v d p p n tration and pr v nt

    water run-off. Dir ct wat rin of imp rviou urfac uc a tr t , parkin lot ,

    driv way and id walk i pro ibit d.

    1) L akin water rvic or plumbin mu t b r pair d wit in 48 our of writt n

    notification from t ublic Utiliti Dir ctor.2) at rin by automatic pray or non-automatic irri ation i pro ibit d.

    3) at rin by o - nd prinkl r i pro ibit d.

    4) at rin by low volum drip irri ation i p rmitt d at any tim .

    5) N w Land cap E tabli m nt rmit will not b i u d.

    6) at rin by ld o wat rin d vic all b p rmitt d at any tim .

    EXEMPTIONS TO IRRIGATION REQUIREMENTS:

    1) rop rti u in non-potabl /reuse water and non- WSSP y t m of t City for

    land cap irri ation.

    2) at rin of comm rcial contain riz d plant and comm rcial plant tock in trad

    maintain d for r al .

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    RESPONSE: STAGE 3

    ALLr id ntial water customer ar xp ct d to r duc t ir water u a to 25

    pcpd; in addition to t pr viou con rvation ta , t followin r pon apply

    durin ta 3:

    STAGE 3 OUTDOOR WATER USES:

    U of t City WSSPar pro ibit d a follow :

    1) ro ibit d irri ation:

    Irri ation of at l tic fi ld .

    at rin by and ld wat rin d v ic .

    at rin of comm rcial contain riz d plant and comm rcial plant tock in

    trad maintain d for r al .

    at rin by low volum drip irri ation.

    2) Fillin n w wimmin or wadin pool i pro ibit d. Fillin of pool drain d for r pair aft r t ff ctiv dat of ta 3 mandatory r triction and rul i

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    Any v icl wa facility t at i not c rtifi d by t ublic Utiliti Dir ctor

    all not b p rmitt d to u City of Ral i water uppli d water for

    op ration durin ta 3 mandatory water con rvation r triction and rul

    until it i in complianc wit t r quir m nt of t con rvation c rtification

    pro ram or until t ta 3 mandatory water con rvation r triction and

    rul ar r p al d.

    4) a in of ar a uc a id walk , patio , d ck , driv way , parkin lot , tr t

    and xt rior buildin urfac i trictly pro ibit d. T i r triction all not apply

    to t wa in of oil d ar a for maint nanc of public alt and anitary

    condition .

    5) Water u for t purpo of fillin , flu in , pr ur and bact riolo ical t tin

    of n w water main xt n ion p rmitt d by t Cityaft r t ff ctiv dat of

    t i ordinance i trictly pro ibit d, until t i ta i r v r d by tCity,

    Exc pt for n w water main t at ar fill d and t t d wit Ral i uppli d

    water t at i compl t ly captur d in tank r truck pr viou ly c rtifi d by tCitys ublic Utiliti Dir ctor for u inwater con rvation r cyclin and

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    6) Water u from hydrant meters i pro ibit d unl p cifically aut oriz d by t

    ublic Utiliti Dir ctor for wa in of oil d ar a for maint nanc of public

    alt and anitary condition .

    7) L akin water rvic or plumbin will b int rrupt d imm diat ly upon

    notification to t City' ublic Utiliti D partm nt. Onc r pair ar compl t d

    by t customer or t ir a nt, t water rvic will b r tor d.

    8) T application of reuse water on t land cap i ncoura d and not r ulat d

    by t City water con rvation ordinance .

    EXEMPTIONS TO IRRIGATION REQUIREMENTS:

    1) rop rti u in non-potabl /reuse water and non- WSSP y t m of t City for land cap irri ation.

    STAGE 3 INDOOR WATER USES:

    1) Allnon-essential u ofwater for comm rcial or public u i pro ibit d.

    2)

    Buildin wit water -cool d air condition r or atin quipm nt t at do notr cycl City uppli d water mu t adju t t rmo tat to t i t or low t

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    7) L akin water rvic or plumbin will b int rrupt d imm diat ly upon

    notification to t City' ublic Utiliti D partm nt. Onc r pair ar compl t d

    by t customer or t ir a nt, t water rvic will b r tor d.

    RESPONSE: EMERGENCY WATER SHORTAGE

    Drou t i only on po ibl cau of drinkinwater orta ; water y t m may

    al o xp ri nc ort-t rm probl m wit water tr atm nt, di tribution or

    contamination. It i ntial to tabli a R r pon iv to all typ ofwater

    orta . In t v nt of m r ncywater orta , t City aut ority will

    impl m nt t Em r ncy Con rvation ta . T i r pon will r fl ct ta 1-3 of

    t water con rvation ta a t trigger d m n c ary.

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    Table 2: Irrigation & Outdoor Responses During Water Conservation Stages

    ACTIVITY Permanent &Advisory

    Stage 1 Stage 2 Stage 3

    Auto & Non-Auto Spray

    IrrigationSystems

    Odd: Tu , T ur ,at

    Ev n: d, Fri,un

    Tim : 12-10 am

    Odd: Tu dayEv n:

    dn day

    Tim : 12-10 am

    ro ibit d ro ibit d

    Hose-EndSprinklers

    Odd: Tu , T ur ,at

    Ev n: d, Fri,un

    Tim : 6-10 am &6-10 pm

    Odd: atEv n: un

    Tim : 6-10 am& 6-10 pm

    ro ibit d ro ibit d

    Hand-HeldHose Allow d Allow d Allow d ro ibit d

    BucketWatering

    Allow d Allow d Allow d ro ibit d

    Drip Irrigation Allow d Allow d Allow d ro ibit dAthletic FieldIrrigation

    Allow d Allow d Allow d ro ibit d

    NewLandscape Est.Permit

    Anytim for 45day fromin tallation

    ro ibit d ro ibit d ro ibit d

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    AAADDDDDDIIITTTIIIOOONNNAAALLLCCCOOONNNSSSEEERRRVVVAAATTTIIIOOONNN MMMEEEAAASSSUUURRREEESSS

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    ADDITIONAL CONSERVATION MEASURES:

    Du to public p rc ption and t mann r in w ic water i u d, it wa d t rmin d

    t at t followin water customer n d to tak t p to r duc water u a durin

    an imp ndin water orta . T t p n d to look at bot ort-t rm and lon -

    t rm water con rvation m a ur . Additionally, ALL water customer ar

    ncoura d to abid by t li t of B t Mana m nt ractic (BM ), outlin d inApp ndix A.

    GOLF COURSES:

    Ori inally, olf cour w r r ulat d und r t am irri ation rul a r id ntial

    land cap . T u , und r ta 2, t faciliti w r not p rmitt d to irri at anypart of t ir prop rty, t r by xpo in t r n and t box to p rman nt

    dama . How v r, du to t ir mploym nt capacity, car ful monitorin of water

    u (i. . too muc water can b d trim ntal to turf ra ), and financial inv tm nt

    in t r n , it a b n d cid d t at an incr a in p rc nt r duction y t m b

    cr at d for olf cour durin ac con rvation ta .

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    RRRAAALLLEEEIIIGGGHHHSSS MMMAAAJJJOOORRR WWWAAATTTEEERRR CCCLLLAAASSSSSSEEESSS

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    RALEIGHS MAJOR WATER CLASSES (MWCs):

    Fi ur 2 and Tabl 3 illu trat t Cityof Ral i ixMajor Water Customer (M C)

    cla : t two lar t cla ar r id ntial and comm rcial, u in 26.78 MGD and

    10.83 MGD, r p ctiv ly. T r mainin ctor , Indu trial and In titutional, u 1.36

    MGD and 2.56 MGD, r p ctiv ly. H nc , t ju tification for tar tin ta to

    r duc r id ntialwater u a .

    ALLwater customer ar in truct d to abid by t li t of B t Mana m nt ractic

    (BM ), outlin d in App ndix A.

    Raleigh's Major Water Customers

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    Table 3: Average million gallons per day (MGD) per each water user

    MAJOR WATER USERS (MWUS):

    Major ater U r (M U ) ar a ub t of Major at r Cla (M C ) w o

    con um 100,000 allon or mor p r day. 9

    T drou t of 2007-2008 illu trat d t at t clo in of om bu in did littl to

    a water d mand. Additionally, v ral M U av alr ady impl m nt dwater

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    NOTIFICATION:Employ and t public will b notifi d of a con rvation ta impl m ntation,

    alon wit t corr pondin l v l of r pon (i. ., r triction ), via t followin

    m t od :

    Employ at r Cu tom r

    r onal communication Utility wat r bill

    T l p on call Notic at City buildin

    Email notification City of Ral i b it :

    www.ral i nc. ov

    Int r-offic mail communication Ral i N w & Ob rv r

    OOORRRDDDIIINNNAAANNNCCCEEESSS &&&

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    OOORRRDDDIIINNNAAANNNCCCEEESSS &&& EEENNNFFFOOORRRCCCEEEMMMEEENNNTTT

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    ENFORCEMENT:

    Cityof Ral i enforcement ordinance ar locat d in Articl E. T followin ta

    violation av b n xtract d from t i ordinance and li t d b low and ummariz d

    in Tabl 5.

    Citation(s): Level of Offense 11 Conservation

    Stage First Violation SecondViolation

    Third Violation FourthViolation

    rman nt

    Con rvationM a ur

    arnin $50 $200 Int rruption

    of rvic

    ta 1 $100 $500 Int rruption ofrvic

    N/A

    ta 2 $500 Int rruption ofrvic

    Int rruption ofrvic

    N/A

    ta 3 $1000 Int rruption of Int rruption of N/A

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    Section 3. T ff ctiv dat for ta 1 and ta 2 all b d t rmin d by t

    ff ctiv dat of t adopt d ordinance . T ff ctiv dat for ta 3 all b

    d t rmin d to b upon a findin by t CityMana r t at t r mainin water upply

    in Fall Lak a r ac d 90 day or l , a d fin d in tCity' Water Con rvation

    lan, or on t ff ctiv dat a adopt d by City Council.

    Section 4. All law , r olution and clau t r of in conflict r wit ar r byr p al d to t xt nt of uc conflict.

    ASSESSMENT:

    Any civil p nalty will b a d by t ublic Utiliti Dir ctor and ba d upon t

    r a onabl timat d co t( ) of: corr ctin t cit d violation; t ma nitud of tpot ntial ri k po d to t public alt , af ty and w lfar by t violation; and t

    co t of t public af ty or ot r m r ncy r pon cau d by t violation. T

    ublic Utiliti Dir ctor will rv writt n notic of t civil p nalty a m nt to t

    off nd r wit t amount a d. nalti not paid wit in 30 day of t final

    a m nt, or x au tion of t app al proc , may r ult in a civil action to

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    DDDEEEFFFIIINNNIIITTTIIIOOONNNSSS &&& AAAPPPPPPEEENNNDDDIIICCCEEESSS

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    DEFINITIONS

    Approved (or Approval) = Approv d or approval m an c rtifi d in writin by t

    ublic Utiliti Dir ctor a an acc ptabl water con rvation d vic , pro ram or

    m t odolo y for t purpo of wat r con rvation.

    Available water supply storage = T total amount of wat r t at i availabl to t

    Cityin t wat r upply pool( ). T U. . Army Corp of En in r will d t rmin t i

    amount for Fall Lak onc t wat r l v l in Fall Lak drop b low 251.5 f t m an

    a l v l.

    Automatic spray irrigation system = Any in tall d irri ation y t m t at can b

    pro ramm d to op rat durin c rtain tim and/or condition and w ic iconn ct d to t City WSSP y t m.

    BMP =B t Mana m nt ractic .

    City = City of Ral i .

    City reuse water = Efflu nt wat r from City faciliti includin t E M Jo n on

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    Notification = m an and m c ani m by w ic t public and mploy will b

    inform d of t impl m ntation of a con rvation ta and it r pon ( ) upon

    wat r u a .

    Major Water Classes (MWCs) = T lar t wat r u in ctor wit in t City of

    Ral i rvic ar a.

    Major Water Customer (LWC) = A wat r cu tom r w o u 100,000 allon p r day

    (G D) or mor p r account a d t rmin d on it r an annual or an av ra day

    durin t City a onal wat r d mand p riod.

    Non-Automatic Spray Irrigation System = Any in tall d irri ation y t m t at i

    conn ct d to t City WSSP y t m and w ic i op rat d manually.

    Non-essential water use = Cat ori of wat r u t at ar not ntial and may b

    liminat d durin tim of drou t.

    Ordinance = An aut oritativ d cr , dir ction or law ov rn d by t City of

    Ral i .

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    Severity measures = T id ntifyin c aract ri tic w ic i nal t at curr nt wat r

    upply i too low to m t curr nt d mand. T includ , but ar not limit d to,

    availabl wat r upply, d mand, tr atm nt capacity, m c anical failur and ourc

    wat r contamination.

    Stage = A r ultin roup of r pon c aract riz d bytrigger and l v l of

    r pon .

    Trigger(s) = T utilization of a v rity m a ur to c aract riz t City of Ral i

    WSSP, i nalin t comm nc m nt and/or c ation of a con rvation ta .

    Water = Any wat r of t City locat d on or b low t land urfac a w ll a wat r

    contain d wit in a tr atm nt and di tribution c nt r.

    Water shortage = n t d mand and r quir m nt of wat r cu tom r rv d

    by t City cannot b ati fi d wit out d pl tin t wat r upply to or b low a

    critical l v l; t l v l at w ic t continu d availability of wat r for uman

    con umption, anitation and fir prot ction i j opardiz d.

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    APPENDIX A: Best Management Practices (BMPs):

    INDOOR WATER USES:

    1) T aw froz n food in t r fri rator or microwav in t ad of u in runnin

    wat r. a fruit and v tabl wit a v tabl bru in a ba in or bowl

    in t ad of u in runnin wat r.

    2) crap or wip , rat r t an rin , di b for loadin into t di wa r.

    a only full load . Con id r r placin an old di wa r wit a wat r and

    n r y avin mod l.

    3) a only full load of laundry or u t appropriat wat r l v l or load iz

    l ction on t wa in mac in . r - oak avily oil d it m . U d t r nt

    parin ly in ord r to avoid rin in mor t an t normal cycl . Con id r

    purc a in a i ffici ncy wa in mac in to av laundry wat r and n r y.

    4) In tall E A at r n lab l d toil t , fauc t a rator , and low-flow

    ow r ad .

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    OUTDOOR WATER USES:

    1) C ck for plumbin l ak . A in l drippin fauc t can wa t undr d , v n

    t ou and , of allon p r y ar. Mo t wat r l ak ar a y to d t ct and r pair

    wit ba ic plumbin kill and a f w impl tool .

    2) Hav oil t t d by t Nort Carolina D partm nt of A ronomy/ oil T tin

    ction.

    3) lant nativ tr and rub . T Nort Carolina tat Univ r ity Coop rativ

    Ext n ion rvic a xc ll nt u tion for om ard n r . Mulc rub

    and plant to r duc wat r lo du to vaporation. R duc t amount of turf

    ar a and/or mix t wit ad d ar a to r duc wat r n d .

    4) Rai t i t of your lawn mow r blad to l t ra row tall r. T i r duc

    wat r r quir m nt and lon r ra blad ad ac ot r, r ducin

    vaporation, and in ibitin w d rowt .

    5) at r lowly and t orou ly durin cool, windl our to pr v nt wat r lo

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    9) In tall a drip irri ation y t m for wat rin ard n , tr , and rub . Drip

    y t m ar v ry ffici nt b cau t y provid a low, t ady trickl of wat r to

    plant at t ir root t rou a n twork of idd n pip and o .

    10) U prop rly tr at d reuse wat r for irri ation a an alt rnativ wat r ourc .

    Ral i wat r con rvation rul do not r ulat t amount ofreuse wat r;

    t r for , any amount can b u d durin any mandatory wat r con rvationta . Contact t Ral i ublic Utiliti D partm nt for information r ardin

    reuse wat r availability.

    11) Captur rainwat r in ci t rn and rain barr l . T av ra rainfall in t Ral i

    ar a i approximat ly 48 inc p r y ar. Run-off from t roof of a typical 2,500

    quar foot om i approximat ly 75,000 allon a y ar. T City of Ral i

    ncoura cu tom r to captur rainwat r to u for irri atin land cap .

    12) Con id r t amount of wat r b in u d and look for way to u l w n v r

    po ibl . Do not l av wat r runnin - u prin load d or ot r automatic ut-

    off d vic on o or outdoor fauc t .

    d l d d f f l

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    APPENDIX B: Guidelines and Procedures for Enforcement Personnel:

    1) A customer i in violation of t pr vailin wat r responses w n / i u in

    wat r outdoor in conflict wit xi tin r ulation a d clar d by t City

    Mana r.

    2) Ri t of Acc . T ublic Utiliti Dir ctor, or d i nat d taff, a t ri t to

    nt r, at a r a onabl tim , any prop rty rv d by a conn ction to t City WSSP

    for t purpo of p rformin t duti of t i lan. In ca w r t prop rty

    own r, mana in a nt, or t nant c oo not to provid uc acc , t ublic

    Utiliti Dir ctor or aut oriz d taff may obtain a warrant and in p ct or may, in

    accordanc wit applicabl law, int rrupt wat r rvic to t prop rty.

    3) A citation for a violation i warrant d w n a City of Ral i mploy ob rv

    wat rin durin pro ibit d day or tim .

    4) rior to i uin a citation, t mploy mu t c ck t data t containin li t