The Docket · Government Meeting · DKT-2026-002070

In the minutes: Black Mountain Town Council Meeting, flock camera (Oct 12)

Name: In the minutes: Black Mountain Town Council Meeting, flock camera (Oct 12)
Start: 2026-10-12
End: 2026-10-12
Location: Town Council Meeting

⚠ Agenda Watch Black Mountain, North Carolina · Monday, October 12, 2026 — in 2 days

About this record

Meeting minutes published with the October 12, 2026 meeting documents record: "flock camera", "Flock Camera". These terms appear in the minutes, not as items on that agenda. The document stays here as a permanent public record.

WhenMonday, October 12, 2026
Check the agenda document for the meeting time.

WhereBlack Mountain, North Carolina

BodyTown Council Meeting

On the record“flock camera”“Flock Camera”

The agenda, word for word

Government public record — the full text of the published document, archived October 10, 2026. Gold highlighting of key terms is ours, not the original’s. Read the original document ↗

165 pages · scroll to read

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TOWN OF BLACK MOUNTAIN
TOWN COUNCIL

October 12, 2026

REGULAR SESSION AGENDA

Time: 6:00 PM

Town Hall Council Chambers | 160 Midland Avenue, Black Mountain, NC 28711
Agendas and agenda packets may be accessed electronically from your laptop or
smartphone. Visit the Town’s website at www.townofblackmountain.org. Click on
Government and select Town Council to access agenda materials for Town Council
meetings. You can also scan this QR code with your smartphone to access agenda
materials.
Conserve Resources; print only when necessary.
The Town of Black Mountain is committed to providing accessible facilities, programs, and
services for all people in compliance with the American with Disabilities Act (ADA). Hearing
assistive devices are available at the door. Should you need other assistance or
accommodation for this meeting, please contact Town Clerk Wesley Barker at:
[email protected], or (828) 419-9300 / TDD (800) 735-2962
1.

CALL TO ORDER
1.A.

Welcome

1.B.

Pledge of Allegiance

1.C.

Moment of Silence

1.D.

Announcements

1.E.

Ethics Statement
In accordance with the Code of Ethics adopted by the Council, all Council
Members have a duty to conduct the affairs of the governing board in an open
and public manner free of conflicts of interest. Is there any item on the agenda
the outcome of which will have a direct, substantial, and readily identifiable
financial impact for any Council Member, his or her family or close business
associates? Does any Council Member have a financial interest in any public
contract coming before this Council today? There being none, all Council

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Members have a duty and obligation to vote.
2.

PROCLAMATIONS, AWARDS, RECOGNITIONS, SPECIAL RESOLUTIONS
2.A.

Proclamation Recognizing October as Domestic Violence Awareness Month

2.B.

Special Resolution Honoring Former Council Member William "Bill" Christy

COMMUNICATIONS FROM STAFF, COUNCILS, COMMISSIONS & AGENCIES
3.A.

Presentation on the Hilltop Rd. Repair Project - Matt Begley, Recovery & Capital
Programs Director
Motion: N/A - Presentation only

CITIZEN COMMENTS
Individuals wishing to address the Council are asked to sign in at the entrance to the board
room, indicating the topic(s) or agenda item(s) you wish to discuss, so that the chair may
group speakers according to topic. The chair will recognize individuals requesting to
address the Council. Comments by any one speaker shall be limited to three (3) minutes.
If the topic you wish to discuss pertains to a public hearing scheduled for this meeting,
please reserve your comment for the applicable public hearing. Note: Council will not
respond during the citizen comment period.

COMMUNICATION FROM MAYOR AND TOWN COUNCIL

COMMUNICATION FROM TOWN ATTORNEY & TOWN MANAGER

CONSENT AGENDA
All items on the consent agenda are considered routine, to be enacted by one motion
without discussion. If a member of the governing body requests discussion of an item, the
item will be removed from the consent agenda and considered separately.
7.A.

Adoption of Meeting Minutes- September 10 & 14, 2026 - Wesley Barker, Town
Clerk
Motion: Motion to approve the meeting minutes as presented (or
amended).

7.B.

Monthly Tax Collector Report - Laurel Mabery, Accountant
Motion: Approve the monthly tax collector report as presented.

7.C.

Call for Public Hearing for Text Amendments to Chapter 4 Zoning Regulations,
Section 4.4 Provisions Governing All Lots, Section 4.4.2 Lot Access and Section
4.7.11 TND Traditional Neighborhood District (master planned), Section
4.7.11.5 Design Standards to clarify public and private streets to be held on
Monday, November 9, 2026, at 6:00 p.m. in the Council Room of Town Hall,
160 Midland Avenue, Black Mountain, N.C. or as soon thereafter as possible. Michelle Kennedy, Planning Director

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Motion: I move to call for a public hearing for text amendments to Chapter
4 Zoning Regulations, Section 4.4 Provisions Governing All Lots, Section
4.4.2 Lot Access and Section 4.7.11 TND Traditional Neighborhood District
(master planned) to clarify public and private streets to be held on Monday,
November 9, 2026, at 6:00 p.m. in the Council Room of Town Hall, 160
Midland Avenue, Black Mountain, NC.

7.D.

Authorization of Master Service Agreement with Anchor QEA, PLLC - Matt
Begley, Recovery & Capital Programs Director
Motion: Motion to approve the following resolution as presented.

7.E.

Resolution to Approve Force Account Labor Exemption - Town Roads Group 1 Matt Begley, Recovery & Capital Programs Director
Motion: Motion to approve the resolution as presented.

7.F.

Land of Sky Regional Council Management Contract - Matt Begley, Recovery &
Capital Programs Director
Motion: Motion to approve the resolution as presented and authorize the
Interim Town Manager to execute the attached contracts.

7.G.

Resolution to Authorize the Task Order for Downtown Stormwater Design &
Engineering Services - Matt Begley, Recovery & Capital Programs Director
Motion: Motion to approve the resolution as presented.

7.H.

Consideration of FY26-27 Budget Ordinance Amendment to Appropriate
Remaining Community Foundation of Western North Carolina Emergency
Disaster Relief Fund Grant Funds - Jacob Guiot, Recreation & Parks Director
Motion: Motion to adopt the budget ordinance amendment as presented.

7.I.

Consideration of FY26-27 Budget Ordinance Amendment to Appropriate the
Remaining Swannanoa Valley Medical Center and Ernie Dewick Endowment
Fund Grants - Jacob Guiot, Recreation & Parks Director
Motion: Motion to adopt the budget ordinance amendment as presented.

PUBLIC HEARING
The chair will recognize individuals requesting to address the Council regarding the specific
topic of the public hearing. Public hearing comments by any one speaker shall be limited
to ten (10) minutes. The Mayor reserves the right to alter time limits and other rules of
procedure at the beginning of each public hearing.
8.A.

Public Hearing for Text Amendments to Chapter 6 Animals, Section 6-6 Public
Nuisance, and Section 6-19 Civil Penalty to add language regarding bears Michelle Kennedy, Planning Director
Motion: I move to approve the proposed amendments to Chapter 6
Animals, Section 6-6 Public Nusiance and Section 6-19 Civil Penalty as
presented.

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10. UNFINISHED BUSINESS
10.A.

Continued Public Hearing to Amend Chapter 8, Land Development and
Environmental Regulations, Section 8.2, The Phase II Stormwater Ordinance
and Chapter 20, Environment, Article X, Illicit Discharge - Anne Phillip,
Stormwater Technician & Floodplain Administrator
Motion: I move that we approve the proposed amendments to Chapter 8,
Land Development and Environmental Regulations, Section 8.2, The Phase II
Stormwater Ordinance and Chapter 20, Environment, Article X, Illicit
Discharge as presented and the proposed amendments are consistent with
the comprehensive plan and are reasonable and in the public interest
because they promote environmentally-sensitive and sustainable practices,
promote natural approaches to address stormwater, and promote the
public health, safety and welfare of the town.

10.B.

Resolution Supporting Efforts to Pursue Funding for Town of Black Mountain
Public Safety Facilities - Larry Harris, Council Member
Motion: Motion to approve the resolution as presented.

11. NEW BUSINESS
11.A.

Resolution Authorizing the Temporary Closure and Use of Honeycutt Street for
Temporary Fire and Police Facilities - Richard Hicks, Interim Town Manager
Motion: Motion to approve the resolution as presented temporarily closing
Honeycutt Street.

12. CLOSED SESSION - NCGS 143-318.11(A)(6) TO DISCUSS PERSONNEL-RELATED ITEMS.
13. ADJOURNMENT

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TOWN OF BLACK MOUNTAIN

AGENDA ITEM SUMMARY
SUBMITTER:

Wesley Barker, Town Clerk

MEETING DATE:

AGENDA SECTION: Proclamations, Awards,
DEPARTMENT:
Recognitions, Special Resolutions
TITLE OF ITEM:

October 12, 2026
Administration

Proclamation Recognizing October as Domestic Violence Awareness Month

SUGGESTED MOTION(S):
n/a- proclamation
SUMMARY:
Helpmate, located in Asheville, whose mission is to work with the community to eliminate
abuse and fear by providing safety, shelter, and support for victims/survivors of intimate
partner domestic violence, has requested a proclamation recognizing October as Domestic
Violence Awareness and Prevention Month. https://helpmateonline.org/

BUDGET IMPACT:
Is this expenditure approved in the current fiscal year budget? n/a
If no, describe how it will be funded. n/a

ATTACHMENTS:
1. Proclamation forDomestic Violence Prevention and Awareness Month- October 2026

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Proclamation
DOMESTIC VIOLENCE PREVENTION & AWARENESS MONTH
OCTOBER 2026
WHEREAS, domestic violence is a serious crime that violates an individual’s safety and
dignity affecting people of all backgrounds regardless of race, gender identity, sexual
orientation, or socioeconomic status; and
WHEREAS, intimate partner violence affects millions of Americans, often beginning
before adulthood, highlighting the need for prevention and early intervention; and
WHEREAS, intimate partner violence affects millions of Americans, often beginning
before adulthood, highlighting the need for prevention and early intervention; and
WHEREAS, Domestic Violence Awareness Month honors survivors, remembers lives
lost, and promotes prevention and healing; and
WHEREAS, On Thursday, October 15, North Carolina will observe “Wear Purple Day”
to raise awareness about domestic violence, symbolizing courage, peace, and solidarity
with survivors; and
WHEREAS, Helpmate, located at 35 Woodfin St., in Asheville, works with the
community to eliminate abuse and fear by providing safety, shelter, and support for
victims/survivors of intimate partner domestic violence.
NOW, THEREFORE, BE IT PROCLAIMED that October 2026 is Domestic Violence
Prevention & Awareness Month and encourages all residents to support survivors, raise
awareness, and learn about local resources available, including Helpmate’s free and
confidential services and 24-hour hotline at 828-254-0516.
Proclaimed this the 12th day of October 2026.
_______________________________

C. Michael Sobol, Mayor

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Resolution
A RESOLUTION HONORING AND REMEMBERING WILLIAM “BILL”
CHRISTY
RESOLUTION NO. R-26-86
WHEREAS, William Henry “Bill” Christy, a beloved husband, father, grandfather, attorney,
community leader, and friend, passed away on September 30, 2026, at the age of 70; and
WHEREAS, Bill served with distinction as a member of the Black Mountain Town Council
from July 2021 through September 2023, bringing his knowledge, thoughtful perspective, and
commitment to public service to the governance of the Town he proudly called home; and
WHEREAS, Bill and his wife, Deirdre, made Black Mountain their home in 1995, where he
became a respected attorney and partner in Stone & Christy, serving the people of Western North
Carolina for 26 years with a practice focused on real estate, probate, and general business
matters; and
WHEREAS, Bill was deeply committed to serving others through his profession, devoting
countless hours to Pisgah Legal Services and receiving the North Carolina Bar Association’s
Small Firm Pro Bono Award in 2006 and Pisgah Legal Services’ Lifetime Pro Bono
Achievement Award in 2021; and
WHEREAS, Bill’s dedication to community extended beyond his legal career and Town
Council service, including significant leadership with Warren Wilson College, where his
involvement spanned more than five decades and included service as Board of Trustees Chair
and Interim President, as well as service with numerous civic and community organizations
throughout the region; and
WHEREAS, Bill was known for his integrity, intellect, kindness, civic spirit, and deep devotion
to family, friends, and the mountains of Western North Carolina, leaving a lasting impact on the
community he served;
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Black
Mountain hereby honor and remember William “Bill” Christy for his dedicated service to the
Town, his commitment to justice and community, and his many contributions to Black
Mountain; and extends its deepest condolences and heartfelt appreciation to Bill’s wife, Deirdre,
his children, grandchildren, extended family, and many friends, and recognizes with gratitude the
lasting legacy of his life and service.
ADOPTED, this 12th day of October, 2026.

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TOWN OF BLACK MOUNTAIN

AGENDA ITEM SUMMARY
SUBMITTER:

Matt Begley, Recovery & Capital MEETING DATE:
Programs Director

AGENDA SECTION: Communications from Staff,
Councils, Commissions &
Agencies
TITLE OF ITEM:

DEPARTMENT:

October 12, 2026
Administration

Presentation on the Hilltop Rd. Repair Project

SUGGESTED MOTION(S):
N/A - Presentation only
SUMMARY:
Matt Begley (Recovery & Capital Programs Director) and Chad Goins (Interim Project Manager)
will present an update on the Hilltop Rd. repair project, which recently began construction.

BUDGET IMPACT:
Is this expenditure approved in the current fiscal year budget? N/A
If no, describe how it will be funded.N/A

ATTACHMENTS:
None

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TOWN OF BLACK MOUNTAIN

AGENDA ITEM SUMMARY
SUBMITTER:

Wesley Barker, Town Clerk

AGENDA SECTION: Consent Agenda
TITLE OF ITEM:

MEETING DATE:

October 12, 2026

DEPARTMENT:

Administration

Adoption of Meeting Minutes- September 10 & 14, 2026

SUGGESTED MOTION(S):
Motion to approve the meeting minutes as presented (or amended).
SUMMARY:
Council will consider adoption of meeting minutes from the September 10, 2026 Agenda Work
Session/Special Meeting, and the September 14, 2026 Regular Monthly Meeting.

BUDGET IMPACT:
Is this expenditure approved in the current fiscal year budget? n/a
If no, describe how it will be funded. n/a

ATTACHMENTS:
1. September 10, 2026 Special Called Meeting Minutes - Draft
2. September 14, 2026 Council Meeting Minutes - DRAFT

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BLACK MOUNTAIN TOWN COUNCIL MINUTES

September 10, 2026 | Special Meeting & Agenda Review | Time: 5:00 PM
Town Hall Council Chambers | 160 Midland Avenue, Black Mountain, NC 28711
Black Mountain Town Council held their special meeting & agenda review on Thursday,
September 10, 2026, at 5:00 PM in the Council Chambers of Town Hall, 160 Midland Avenue,
Black Mountain, NC 28711.
1.

CALL TO ORDER
Vice Mayor Archie Pertiller called the meeting to order at 5:00 p.m. with the following
members in attendance: Vice Mayor Archie Pertiller, Town Council Member Alice Berry,
Council Member Larry Harris, Town Council Member Ryan Stone. Mayor C. Michael
Sobol and Council Member Lawrence Lytle were absent.
The following staff members were present: Interim Town Manager Richard Hicks, Town
Clerk Wesley Barker, Recovery & Capital Programs Director Matt Begley, Zoning
Administrator Russell Cate, Interim Project Manager Chad Goins.
Council Member Alice Berry asked if the September 14, 2026 regular meeting agenda
review item could be moved to the top of the agenda. All Council was in consensus.

AGENDA REVIEW AND APPROVAL
2.A.
September 14, 2026 Regular Meeting Agenda Draft Review.
Interim Town Manager Richard Hicks reviewed the September 14, 2026 monthly Council
meeting agenda. After some discussion on the new business item 11.A. entitled "ERU Rate
Presentation," it was recommended that this item be pulled off of this meeting agenda and
be a separate Council work session as the proposals will be a significant change for
businesses and industry and would need to be discussed in more depth, and when the full
Council could be present. Council Member Harris recommended this work session not be
held until after the November election. All Council agreed with this proposal.
The next item discussed was item 11.C. under New Business entitled "Discussion of Flock
Cameras" as recommended by Mayor Sobol. Interim Manager Hicks stated that the Police
Chief would be absent at the September 14th meeting and had planned to provide a
presentation at the October Council meeting. Council Member Harris suggested that this
item be tabled until the October Council meeting. Council members emphasized that they
were interested in having a discussion around flock cameras and wanted to have this
discussion when the full Council was present and when the Police Chief could be present to
provide more detail.
Council Member Berry brought forward a citizen request to add a proclamation to the
September 10, 2026 Agenda Review & Special Meeting Minutes

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agenda honoring Dolly Parton under item 2: Proclamations, Awards, Recognitions, Special
Resolutions. The proclamation would be for September 25th, which has been dubbed "9 to
5" to honor and recognize Dolly Parton for her contributions and impact she made on
others. Council agreed to add this proclamation to the agenda, and Council Member Berry
would draft language.
Council Member Stone discussed a recent draft ordinance that was shared with Council
entitled "Existing Business Stabilization and Comprehensive Review Ordinance" from the
Chamber of Commerce, which aims to preserve existing businesses in Black Mountain. The
Council was in consensus not to add the ordinance to this agenda until more conversations
could take place between Chamber representatives, the Town Manager, and Council
Members. Council Member Stone stated he would put the Chamber of Commerce
representatives in touch to meet with the Interim Manager, and the conversations could
continue from there.
Council Member Larry Harris made a motion to approve the September 14, 2026
meeting agenda as presented with the amendments to table the ERU Rate Presentation
for a work session to be held at a later date, table the Flock Camera discussion until the
October 12, 2026 meeting, and add the proclamation honoring Dolly Parton. A vote of 40 in favor. Council Member Lawrence Lytle was absent.
3.

NEW BUSINESS
3.A.

Designation of OSBM Grant Accounts as Official Depositories of Public
Funds.
Matt Begley, Recovery & Capital Programs Director, presented this item. Mr. Begley stated
that the Town Council will consider a resolution designating four bank accounts as official
depositories of public funds for the Town of Black Mountain. These accounts will be set up
to hold funds received as part of the Office of State Budget and Management (OSBM)
Helene Local Government Capital grant program. Due to the requirements of the grant
program to completely segregate the funds received from other Town funds, including any
interest earned, the funds cannot be held in the Town’s main account while grant related
expenses are still being incurred. These four accounts will be hosted at NCCMT (NC Capital
Management Trust) and will be named as follows:
• “OSBM – Public Safety (12395)”
• “OSBM – Cragmont Rd. (12392)”
• “OSBM – Veteran’s Park (12393)”
• “OSBM – Golf Maintenance (12394)”
Council Member Larry Harris made a motion to approve the resolution to designate four
bank accounts for the OSBM grant awards as official depositories for public funds as
presented and recommended. A vote of 4-0 in favor. Council Member Lawrence Lytle
was absent.

September 10, 2026 Agenda Review & Special Meeting Minutes

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A RESOLUTION TO DESIGNATE FOUR BANK ACCOUNTS FOR THE OFFICE
OF STATE BUDGET AND MANAGEMENT (OSBM) GRANTS AWARDS AS
OFFICIAL DEPOSITORIES FOR PUBLIC FUNDS
RESOLUTION NO. # R-26-68
WHEREAS, the Town of Black Mountain has been awarded four grants from the Office of
State Budget and Management (OSBM) North Carolina Helene Local Government Capital
grant program; and
WHEREAS, these funds are intended to be used for specific recovery projects which are
partially or entirely ineligible for funding through FEMA Public Assistance; and
WHEREAS, this grant program distributes funds prior to expenditures associated with the
grant project scope; and
WHEREAS, OSBM requires these funds be held segregated from other Town funds,
including interest earned, until eligible expenses are incurred; and
WHEREAS, Town staff have set up separate bank accounts from the Town’s main account
to hold these funds until expenses are made; and
WHEREAS, for financial reporting, the Town will be require to recognize these accounts
as official depositories; and
WHEREAS, these accounts will be set up at NCCMT and be named the following,
corresponding with the grant project itself, (1) “OSBM – Public Safety Building (12395)”,
(2) “OSBM – Cragmont Rd. (12392)”, (3) “OSBM – Veteran’s Park (12393)”, and (4)
“OSBM – Golf Maintenance (12394)”; and
WHEREAS, once received, these funds will be distributed to these accounts according to
the project for which they are intended; and
WHEREAS, Capital Project Ordinances for these projects will subsequently be created or
amended to reflect the procedure for withdrawing these funds to reimburse eligible grant
expenses;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF BLACK MOUNTAIN THAT:
1. The Interim Town Manager, and/or a designee(s) thereof, is authorized to create
these accounts and designate them as official depositories of public funds and
execute and file any documents necessary to this end.
2. The Interim Town Manager, and/or a designee(s) thereof, is authorized to deposit
funds from OSBM for these grant awards in their corresponding accounts.
3. The Town Council directs Town staff to bring amendments to existing Capital
Project Ordinances and new Capital Project Ordinances for these four projects
which reflect the procedure for reimbursing grant-related expenses once these
accounts are created.
September 10, 2026 Agenda Review & Special Meeting Minutes

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ADOPTED this 10th day of September 2026.
*******************************
3.B.
Grant Application for Golf Maintenance Building Debris Removal.
Matt Begley, Recovery & Capital Programs Director, presented this item stating that Town
Council will consider a resolution to authorize the submission of a grant application to the
North Carolina Department of Environmental Quality (NCDEQ) Helene Debris Recovery
& Disposal grant program for the golf maintenance building. This funding is available to
local governments to remove solid debris from Tropical Storm Helene. The current golf
maintenance building cannot be repaired in its current location, and the Town has applied
for funding to relocate the facility. The programs for which the Town has previously
submitted applications do not cover costs to remove the remnants of the current facility.
This funding, if received, would help cover the gap between the funding for which the
Town has been awarded or has outstanding applications, and the total project costs to
relocate to a new golf maintenance facility.
Town Council Member Ryan Stone made a motion to approve the resolution as presented. A
vote of 4-0 in favor. Council Member Lawrence Lytle was absent.
A RESOLUTION AUTHORIZING TOWN STAFF TO SUBMIT AN APPLICATION FOR
THE NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY (NC DEQ)
HELENE DEBRIS RECOVERY & DISPOSAL (DRD) GRANT PROGRAM
RESOLUTION NO. # R-26-69
WHEREAS, Tropical Storm Helene caused extensive damage to the Town of Black
Mountain Golf Maintenance Building; and
WHEREAS, this building was subsequently deemed unsafe due to the extent of the
damage incurred; and
WHEREAS, this building cannot be restored in its current location and comply with
modern codes and standards; and
WHEREAS, the Town has applied for funding to relocate a golf maintenance facility to
higher ground to comply with NFIP standards; and
WHEREAS, the funding received by the Town does not cover demolition and removal of
the remnants of the current structure; and
WHEREAS, the Town is eligible for the NC DEQ Helene Debris Recovery & Disposal
grant program; and
WHEREAS, this program covers solid waste disaster debris clean-up and removal projects
that are not covered by Federal Emergency Management Agency (FEMA) or other funding
sources;
September 10, 2026 Agenda Review & Special Meeting Minutes

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NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF BLACK MOUNTAIN:
1. That the Town of Black Mountain is authorized to submit a formal application to
the NC DEQ Helene Debris Recovery & Disposal grant program for removing the
remnants of the current golf maintenance building.
2. That the Town Manager (or designee) is authorized to execute and file the
application, including all assurances and agreements required, on behalf of the
Town of Black Mountain.
This Resolution shall take effect immediately upon its adoption.
APPROVED this the 10th day of September 2026.
******************************
3.C.

Grant Contract Agreement with NC Commerce for the Sutton Ave.
Stormwater Project.

Town Council will consider a resolution to approve the grant agreement with the North
Carolina Department of Commerce for the Sutton Ave. Stormwater Project Phase I. Matt
Begley explained that the Town Council considered a resolution authorizing execution of a
$1 million NC Department of Commerce SmBIZ grant agreement for Phase I of the Sutton
Avenue Stormwater Project. Council had previously approved the grant application on
September 8, 2025, through Resolution R-25-53. The Town has been awarded this $1
million, and the project will improve stormwater infrastructure and resiliency in the lowlying downtown area north of the railroad tracks.
Town Council Member Alice Berry made a motion to approve the resolution as
presented and recommended. A vote of 4-0 in favor. Council Member Lawrence Lytle
was absent.
A RESOLUTION TO AUTHORIZE THE GRANT AGREEMENT WITH THE
NORTH CAROLINA DEPARTMENT OF COMMERCE FOR THE SUTTON AVE.
STORMWATER PROJECT (PHASE I)
RESOLUTION NO. # R-26-70
WHEREAS, the Town Council authorized Town staff to apply for the NC Department of
Commerce Small Business Infrastructure (SmBIZ) grant program for the Sutton Ave.
Stormwater project (Phase I) through resolution R-25-53 approved on September 8, 2025;
and
WHEREAS, the maximum grant award amount from the program is $1,000,000 per
project; and
WHEREAS, the Town was awarded $1,000,000 through the NC Department of Commerce
September 10, 2026 Agenda Review & Special Meeting Minutes

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SmBIZ grant program for the Sutton Ave. Stormwater Project (Phase I); and
WHEREAS, this project will improve stormwater infrastructure along Sutton Ave. and
provide for a more resilient stormwater system for the low-lying downtown area on the
North side of the railroad tracks; and
WHEREAS, the Town has received the grant contract from the NC Department of
Commerce; and
WHEREAS, Town staff have reviewed the grant agreement and have included the
agreement as an attachment for Council approval;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF BLACK MOUNTAIN THAT:
1. The Town Council of the Town of Black Mountain authorizes the Chief Elected
Official of the Town of Black Mountain to execute the attached agreement with the
NC Department of Commerce to fund the Sutton Ave. Stormwater Project (Phase I).
2. The Interim Town Manager, and/or a designee(s) thereof, is authorized to execute
and file any other documents required to supplement this agreement with the NC
Department of Commerce.
This Resolution shall take effect immediately upon its adoption.
ADOPTED this 10th day of September 2026.
**********************************
3.D.

Resolution to Award the Sutton Ave. Stormwater Project to John R.
McAdams Company, Inc. and Approval of a Capital Project Ordinance for
the Sutton Ave. Stormwater Project.

Matt Begley, Recovery & Capital Programs Director, stated that the Town Council will
consider a resolution to award the design and engineering of the Sutton Ave. Stormwater
Project (Phase I) to the John R. McAdams Company, Inc. as they were considered the most
qualified firm according to the scoring method used to evaluate the statements of
qualifications. Council would consider approval of the Capital Project Ordinance for this
stormwater project.
Council Member Ryan Stone made a motion to approve the following resolution. A vote
of 4-0 in favor. Council Member Lawrence Lytle was absent.
A RESOLUTION TO AWARD THE SUTTON AVE. STORMWATER PROJECT
(PHASE I) DESIGN AND ENGINEERING TO THE JOHN R. MCADAMS
COMPANY, INC.
RESOLUTION NO. # R-26-71
September 10, 2026 Agenda Review & Special Meeting Minutes

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WHEREAS, the Town has been awarded a $1,000,000 grant for the Sutton Ave.
Stormwater Project (Phase I) from the North Carolina Department of Commerce Small
Business Infrastructure (SmBIZ) grant program; and
WHEREAS, the Town Council of the Town of Black Mountain has authorized the grant
agreement to fund the project; and
WHEREAS, the Town requested statements of qualification from firms who wished to be
considered for the design and engineering of the project; and
WHEREAS, the John R. McAdams Company (hereinafter referred to as “McAdams”) was
considered the most qualified firm according to the scoring method used to evaluate the
statements of qualification; and
WHEREAS, the Town has previously entered into a Master Services Agreement with
McAdams for on-call engineering services and will, if awarded to McAdams, authorize
work on this project on a task order basis;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF BLACK MOUNTAIN THAT:
1. The Interim Town Manager, and/or a designee(s) thereof, is authorized to enter into
negotiations with McAdams for engineering and design services for the Sutton Ave.
Stormwater project (Phase I) and the subsequent task order(s) and budget
amendment(s) will be presented to Town Council at a later date.
ADOPTED this 10th day of September 2026.
**********************************
4.

ADJOURNMENT.
With no further business to be discussed, Vice Mayor Pertiller adjourned the meeting at
5:37 pm.

___________________________
Archie Pertiller, Vice Mayor
Attest: ________________________
Wesley M. Barker, Town Clerk

September 10, 2026 Agenda Review & Special Meeting Minutes

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BLACK MOUNTAIN TOWN COUNCIL MINUTES
September 14, 2026 | Regular Session Agenda | Time: 6:00 PM

Town Hall Council Chambers | 160 Midland Avenue, Black Mountain, NC 28711
Black Mountain Town Council held their regular session agenda on Monday, September 14,
2026, at 6:00 PM in the Council Chambers of Town Hall, 160 Midland Avenue, Black
Mountain, NC 28711.
1. CALL TO ORDER
Mayor C. Michael Sobol called the meeting to order at 6:00 p.m. with the following
members in attendance: Vice Mayor Archie Pertiller, Town Council Member Alice Berry,
Council Member Lawrence Lytle and Town Council Member Ryan Stone. Council
Member Larry Harris was absent.
The following staff members were present: Richard Hicks, Interim Town Manager;
Wesley Barker, Town Clerk; Matt Begley, Recovery & Capital Programs Director; James
Bingham; Deputy Fire Chief; Russell Cate, Zoning Administrator; John Coffey, Fire
Chief; Jay Copley, Finance Director; Chad Goins, Interim Project Manager; Jacob Guiot,
Recreation and Parks Director; Michelle Kennedy, Planning Director; Joshua Kiser, Patrol
Lieutenant; Chris Kuhn, Deputy Police Chief; Jamey Matthews, Public Works Director;
Steve Parker, Police Chief; Anne Phillip, Stormwater Technician & Floodplain
Administrator; Jennifer Tipton, Planning & Development Senior Admin; Rechelle Vilevac,
Sanitation Supervisor. Town Attorney Craig Justus was also present.
Mayor Sobol led those in attendance in the pledge of allegiance and a moment of silence,
PROCLAMATIONS, AWARDS, RECOGNITIONS, SPECIAL RESOLUTIONS
1.A.
Presentation of Medal of Valor to Four Citizens.
The Black Mountain Police Department presented the Citizen Valor Award, which
recognized four individuals: Andrew Koulouris, Christian Maloney, James Thompson and
Phillip T. Whiting, for extraordinary courage and selfless actions during a critical public
safety incident at the Trailhead Restaurant on July 2, 2026. During the incident, an armed
individual was reportedly threatening others inside the restaurant. The four individuals
demonstrated courage, composure, and concern for the safety of others, providing critical
assistance during the rapidly evolving situation and supporting responding law enforcement
officers. The award recognized their civic responsibility, bravery, and dedication to
protecting others.
1.B.
Proclamation for September 25 to be "Dolly Parton Day" in Black Mountain.
Mayor Sobol read a proclamation honoring Dolly Parton for her significant contributions
as a musician, songwriter, actor, entrepreneur, and philanthropist. The proclamation
highlighted her Appalachian roots, six-decade career, promotion of literacy through the
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Dolly Parton Imagination Library, and her positive impact on children and families in the
Black Mountain community. Hundreds of local children in ZIP code 28711 have benefited
from receiving free books through the Imagination Library Program. The Mayor
recognized her legacy of service, generosity, and humanitarianism and proclaimed
September 25th as "Dolly Parton 9-2-25 Recognition Day" in Black Mountain.
2.

COMMUNICATIONS FROM STAFF, COUNCILS, COMMISSIONS & AGENCIES
2.A.
Presentation from BearWise Advisory Group.
The BearWise Advisory Group provided a brief presentation on the status of the group's
work and expressed support for the call for public hearing for the text amendments to
Chapter 6 of the Code of Ordinances adding language regarding bears and public
nuisances. The following BearWise Advisory Group members were in attendance: Jill
Bielawski, Laura Bugyi, Kiersten Hall, Charlotte McRaine, Cheryl Pitt, and Ashley
Hobbs, with NC Wildlife. Members of the group reviewed the timeline for the committee
stating that Phase I was to work on text amendments that addressed feeding bears with
appropriate fines, emphasizing that it does not prohibit bird feeding. Phase II entails
exploring options for implementing new bear resistant sanitation guidelines for trash
management. BearWise community education efforts would also be ongoing.
2.B.
Presentation on Parking from BMPD.
Patrol Lt. Joshua Kiser with the Police Department spoke about recent issues with parking
around the Post Office in town, specifically during the Sourwood Festival. Lt. Kiser stated
there was only 5 designated spaces for USPS use and the others were on Tyson's private
property. Suggestions were for the USPS to install signs about the designated spaces and
for the town to install temporary parking signs along Richardson Blvd for 15-30 minutes to
help alleviate some parking concerns. Mayor Sobol asked the department to look into
angled parking on Richardson Blvd., similar to Broadway St., to possibly add more spaces
for parking.
2.C.
Presentation on Swannanoa River Floodbench Project.
Town Council then heard an update on the Swannanoa River Floodbenching project which
covered the purpose of the project, the steps taken on the project, and construction progress
of the project. The presentation was given by Interim Project Manager Chad Goins and
Recovery and Capital Programs Director Matt Begley. A copy of this presentation is
included at the end of these minutes as Appendix A.

CITIZEN COMMENTS
• Larry Behunck spoke about the need for speed reduction measures and signs for
Rhododendron Ln. to try to lower speeding and make the road safer.
• Cheryl Milton spoke about the Old Toll Rd. water line project, specifically the 6"
ductile water line, and also spoke about the financial accountability of the Town and the
Council's accountability of these finances.
• Josh Wells spoke about a social media policy need related to the Mayor's comments on
social media.
• Cheryl Hyde, Director of the Swannanoa-Black Mountain Chamber spoke about the
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upcoming Town Council forum hosted by the Chamber which was scheduled for
September 23, 2026 at the Black Mountain Center for the Arts.
Teresa Watson spoke about EMS and emergency services response times and requested to
work to get the Black Mountain Public Safety building up and working as fast as possible
as its delay also affects the community outside of Black Mountain that rely on those
services.
John Richardson spoke about the Town's financial status, stating what was paid out to
the former Town Manager.
Anna Stearns spoke on records from the Planning & Zoning Department and
documents that are titled "permits," and how documents were identified if it is not a
"permit." She also spoke in support of the recent ordinance proposal by the Chamber
that was related to Planning & Inspections processes, asking Council to adopt.
Shane Lunsford spoke on a recent order of abatement that was issued for his property
at 19 Timber Park Dr. stating he has working with the Planning Department staff to
remedy violations.
Frank Cappelli spoke about the Building Inspector's recent photos taken of his home,
stating written policy is needed when inspectors are approaching homes. He also asked
Council to reconsider the internal review of digital records by the Planning
Department that he requested but was not approved by Council.

•

•
•

COMMUNICATION FROM MAYOR AND TOWN COUNCIL
Mayor Sobol spoke about AI and the interest in holding a community meeting soon about
Artificial Intelligence (AI)..

COMMUNICATION FROM TOWN ATTORNEY & TOWN MANAGER
Interim Town Manager Richard Hicks introduced Jay Copley, who has been hired as the
Town's new Finance Director.

CONSENT AGENDA
6.A.

Adoption of Meeting Minutes- August 6 & 10, 2026.

Town Council Member Ryan Stone made a motion to approve the meeting minutes as
presented. A vote of 4-0 in favor. Council Member Larry Harris was absent.
6.B.

Resolution to Amend the FY26-27 Budget for BMPD Insurance Recovery
Proceeds.

Town Council Member Ryan Stone made a motion to approve the resolution to amend the
FY26-27 budget as presented. A vote of 4-0 in favor. Council Member Larry Harris was
absent.
A RESOLUTION TO AMEND THE FISCAL YEAR 2026-2027 BUDGET FOR
BMPD INSURANCE RECOVERY PROCEEDS
RESOLUTION NO. R-26-72
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WHEREAS, the Black Mountain Police Department has received recovery proceeds
totaling $6844.73 for the following items:
• Ford Edge $6,132.66
• Ford Edge Siren $263.52
• Police Chief Vehicle Windshield Repair $448.65
WHEREAS, the proceeds received are recommended to be moved to the R&M vehicles
line item; and
WHEREAS, the Fiscal Year 2026–2027 budget should be amended to recognize and
appropriate the funds.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Black
Mountain, North Carolina, that the following amendments be made to the annual budget for
the fiscal year ending June 30, 2027:
Section 1. Budget Amendments. The following accounts are hereby amended as follows:
Account Number

Account Description

Increase Decrease

100-0000-48010

Insurance Recovery Proceeds

100-4510-52316

R&M Vehicles

$6844.73 -

$6844.73

Section 2. Effective Date
This resolution shall become effective upon adoption.
Adopted this the 14th day of September 2026.
********************
6.C.

Monthly Tax Collector Report- July 2026

Town Council Member Ryan Stone made a motion to approve the July 2026 tax collector
report as presented. A vote of 4-0 in favor. Council Member Larry Harris was absent.
********************
6.D.

Call for a Public Hearing for Text Amendments to Chapter 6, Animals,
Section 6-6, Public Nuisance, and Section 6-19, Civil Penalty to add language
regarding bears, to be held on Monday, October 12, 2026, at 6:00 p.m. in the
Council Room of Town Hall, 160 Midland Avenue, Black Mountain, NC, or
as soon thereafter as possible.

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This public hearing is to hear comments about proposed text amendments to the Town's
Code of Ordinances, Chapter 6, Animals, Section 6-6, Public Nuisance and Section 6-19,
Civil Penalties to add language about the feeding of bears as a public nuisance, and to add
language about feeding birds, which constitutes an attractant, to the civil penalties section.
This public hearing will be held on Monday, October 12, 2026 at 6:00 p.m. at Black
Mountain Town Hall, 160 Midland Ave., Black Mountain, NC 28711. Attorney Craig
Justus stated for the record that a public hearing isn't required with Town police power
ordinances, such as this, but this is an extra notice being given. Town Council Member
Ryan Stone made a motion to call for the public hearing as presented on October 12,
2026. A vote of 4-0 in favor. Council Member Larry Harris was absent.
********************
6.E.

Authorization of the Purchase of Recycling Vehicles through NC
Department of Environmental Quality (DEQ) Recycling Grant Program and
Adoption of the Capital Project Ordinance.
Town Council will consider a Resolution and Capital Project Ordinance to approve the
purchase of two recycling vehicles with funding provided through the NC DEQ
Helene Recovery Recycling Infrastructure (HRRI) grant program.
Council Member Ryan Stone made a motion to approve the following resolution. A vote
of 4-0 in favor. Council Member Larry Harris was absent.
TOWN OF BLACK MOUNTAIN
NC DEQ HRRI VEHICLES PROJECT
CAPITAL PROJECT FUND ORDINANCE
ORDINANCE NO: # O-26-19
BE IT ORDAINED by the Town Council of the Town of Black Mountain, North Carolina,
that, pursuant to the Local Government Budget and Fiscal Control, a local government may, in
its discretion, authorize and budget for a capital project or a grant project in a project ordinance
adopted pursuant to G.S. 159-13.2. A project ordinance authorizes all appropriations necessary
for the completion of the project and neither it nor any part of it need be readopted in any
subsequent fiscal year; and the following Capital Project Fund Ordinance is hereby created as
follows:
Section 1: Project Defined
The Town of Black Mountain defines a "Capital project" as a project financed in whole or in
part by the proceeds of bonds, notes or debt instruments or a project involving the construction
or acquisition of a capital asset with expenditures that span across multiple fiscal years.
Section 2: Project Authorization
The project authorized is for the purpose of purchasing vehicles and other items encompassed
by the scope provided to the North Carolina Department of Environmental Quality (NC DEQ)
Helene Recovery Recycling Infrastructure (HRRI) grant program.

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Section 3: Funding
The project is funded in whole by the NC DEQ HRRI grant program.
Section 4: Directives
The officers of the Town of Black Mountain are hereby directed to proceed with the capital
project within the terms and budget contained herein, as approved by the Governing Board of
the Town of Black Mountain. The Town Manager is hereby directed to act on behalf of the
Town Council in all matters associated with the project within the terms of all contracts,
agreements, and legal requirements binding on the project and within limits of the appropriate
funds.
Section 5. Revenues
The following anticipated Revenues are hereby adopted:
Budgeted Revenues
Revenue Type
Allocation Project Grant Funding (NC DEQ HRRI)
Total Revenue

Anticipated
Revenues
$525,000.00
$525,000.00

Section 6. Expenditures
The following anticipated appropriations are hereby adopted:
Budgeted Expenditures
Expenditure Type
Purchase of Vehicles
Other grant funded Items (Fencing & Carts)
Total Expenditure

Anticipated
Expenditures
$390,993.73
$134,006.27
$525,000.00

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Authorized project expenditures represent appropriations necessary for the completion of
projects and therefore do not require re-appropriation in any subsequent fiscal year. However,
per G.S. 159-13.2 information on project ordinances will be included in the annual budget.
Each year the finance officer shall include within the budget information in such detail as he or
the governing board may require concerning each grant project or capital project. This
information will be detailed for any new project funds expected to be authorized by project
ordinance during the budget year and include information on projects authorized by previously
adopted project ordinances which have remaining appropriations available for expenditure
during the budget year.
Section 11. Project Expiration
This project ordinance expires when the project has been completed and all of the Project
Funds have been obligated and expended by the Town OR by the date set forth within the grant
funding contract, if applicable, whichever comes first.
Duly adopted this 14th day of September 2026.
*****************************
Council Member Ryan Stone made a motion to approve the following resolution. A vote
of 4-0 in favor. Council Member Larry Harris was absent.
A RESOLUTION AUTHORIZING THE PURCHASE OF RECYCLING VEHICLES
THROUGH THE NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL
QUALITY (NC DEQ) HELENE RECOVERY RECYCLING INFRASTRUCTURE
(HRRI) GRANT PROGRAM
RESOLUTION NO. # R-26-73
WHEREAS, Tropical Storm Helene caused irreparable damage to the Town of Black
Mountain’s sanitation vehicle fleet, rendering many units destroyed or inoperable; and
WHEREAS, the insurance settlement for these vehicles was insufficient to cover the full
cost of replacement; and
WHEREAS, the Town applied for assistance for this need through the North Carolina
Department of Environmental Quality (NC DEQ) Helene Recovery Recycling
Infrastructure (HRRI) Grant; and
WHEREAS, the Town was awarded funding in the amount of $525,000.00 to purchase
replacement vehicles; and
WHEREAS, the Town has received quotes for these vehicles from multiple vendors and
selected the best value option;
WHEREAS, cash flow funds and reimbursements from the NC DEQ HRRI program will
be recognized in the capital project ordinance for the project entitled “NC DEQ HRRI
Vehicles.”
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$ 247,037.71

Recycling Mini Packer

$ 143,956.02

Total:

$ 390,993.73

2. The Town Council authorizes the Interim Town Manager, and/or a designee(s)
thereof, to execute any documents and perform any required tasks to implement
these changes.
Adopted this 14th day of September, 2026.
**************************
6.F.

Consideration of Resolution Authorizing the Purchasing of Replacement
Vehicles through the USDA Community Facilities Disaster Assistance
Fund Grant and Adoption of Capital Project Ordinance.

Town Council will consider a Resolution and Capital Project Ordinance to approve the
purchase of seven (7) vehicles with funding provided through USDA Community
Facilities Disaster Assistance grant program.
Council Member Ryan Stone made a motion to approve the following resolution. A vote
of 4-0 in favor. Council Member Larry Harris was absent.
USDA CF DAF VEHICLES PROJECT CAPITAL PROJECT FUND ORDINANCE
ORDINANCE NO: O-26-20
BE IT ORDAINED by the Town Council of the Town of Black Mountain, North Carolina,
that, pursuant to the Local Government Budget and Fiscal Control, a local government may, in
its discretion, authorize and budget for a capital project or a grant project in a project ordinance
adopted pursuant to G.S. 159-13.2. A project ordinance authorizes all appropriations necessary
for the completion of the project and neither it nor any part of it need be readopted in any
subsequent fiscal year; and the following Capital Project Fund Ordinance is hereby created as
follows:
Section 1: Project Defined
The Town of Black Mountain defines a "Capital project" as a project financed in whole or
in part by the proceeds of bonds, notes or debt instruments or a project involving the
construction or acquisition of a capital asset with expenditures that span across multiple
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fiscal years.
Section 2: Project Authorization
The project authorized is for the purpose of purchasing vehicles encompassed by the scope
provided to the United States Department of Agriculture (USDA) Community Facilities
Disaster Assistance Fund.
Section 3: Funding
The project is funded in whole by the USDA CF DAF grant program.
Section 4: Directives
The officers of the Town of Black Mountain are hereby directed to proceed with the capital
project within the terms and budget contained herein, as approved by the Governing Board
of the Town of Black Mountain. The Town Manager is hereby directed to act on behalf of
the Town Council in all matters associated with the project within the terms of all contracts,
agreements, and legal requirements binding on the project and within limits of the
appropriate funds.
Section 5. Revenues
The following anticipated Revenues are hereby adopted:
Budgeted Revenues
Revenue Type
Allocation Project Grant Funding (USDA CF
DAF)
Total Revenue

Anticipated Revenues
$548,400.00
$548,400.00

Section 6. Expenditures
The following anticipated appropriations are hereby adopted:
Budgeted Expenditures
Expenditure Type
Purchase of Vehicles
Reimbursement of Accounts for
Previously Purchased Vehicles
Total Expenditure

Anticipated Expenditures
$449,267.97
$ 99,132.03
$548,400.00

Section 7. Records and Reporting
The Finance Director is hereby directed to maintain within the Capital Project Fund

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Section 8. Authority to Manage Accounts
The Town Manager and/or the Finance Director has the authority to transfer funds; both
expenditures and revenues, between the accounts contained within the capital project as may be
necessary, provided however that the total expenditures equal the total revenues and that
expenditures may not exceed the project total without an amended ordinance from council.
Section 9. Official Copies
Copies of this Capital Project Ordinance shall be furnished to the Town Clerk, the Town Manager
and the Finance Director for the direction in carrying out this project.
Section 10. Budget Inclusion
Authorized project expenditures represent appropriations necessary for the completion of projects
and therefore do not require re-appropriation in any subsequent fiscal year.
However, per G.S. 159-13.2 information on project ordinances will be included in the annual budget.
Each year the finance officer shall include within the budget information in such detail as he or the
governing board may require concerning each grant project or capital project. This information will
be detailed for any new project funds expected to be authorized by project ordinance during the
budget year and include information on projects authorized by previously adopted project ordinances
which have remaining appropriations available for expenditure during the budget year.
Section 11. Project Expiration
This project ordinance expires when the project has been completed and all of the Project Funds
have been obligated and expended by the Town OR by the date set forth within the grant funding
contract, if applicable, whichever comes first.
Duly adopted this 14th day of September 2026.
*******************************
Council Member Ryan Stone made a motion to approve the following resolution. A vote
of 4-0 in favor. Council Member Larry Harris was absent.
A RESOLUTION AUTHORIZING THE PURCHASE OF REPLACEMENT
VEHICLES THROUGH THE USDA COMMUNITY FACILITIES DISASTER
ASSISTANCE FUND GRANT
RESOLUTION NO. # R-26-74
WHEREAS, Tropical Storm Helene caused irreparable damage to the Town of Black
Mountain’s vehicle fleet, rendering many units destroyed or inoperable; and
WHEREAS, the insurance settlement for these vehicles was insufficient to cover the full
cost of replacement; and
WHEREAS, the Town, with support from Land of Sky Regional Council, applied for
assistance for this need through the USDA Community Facilities Disaster Assistance Fund
(CF DAF); and

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WHEREAS, the Town was awarded funding in the amount of $548,400 to purchase
replacement vehicles; and
WHEREAS, the Town has received quotes for these vehicles from multiple vendors and
selected the best value option;
WHEREAS, cash flow funds and reimbursements from the USDA CF DAF program will
be recognized in the capital project ordinance for the project entitled “USDA CF DAF
Vehicles”;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF BLACK MOUNTAIN, NORTH CAROLINA, THAT:
1. The Town Council authorizes the Interim Town Manager, and/or a designee(s)
thereof, to execute purchase contracts for the vehicles shown below:

2. The Town Council authorizes the Interim Town Manager, and/or a designee(s)
thereof, to execute and file any documents or other items required to implement
these changes.
Adopted this 14th day of September, 2026.
***************************************
6.G.

Consideration of Resolution to Authorize the Agreement with Anchor
QEA of NC, PLLC to Provide Design and Engineering Services for the
Flat Creek Greenway Restoration Project.
Anchor QEA PLLC was selected to provide design and engineering services for the Flat
Creek Greenway Restoration Project following damage sustained during Tropical Storm
Helene. FEMA Public Assistance funding of $39,475, along with $35,000 in State cash
flow loan funds, has been allocated for architectural and engineering services. The
resolution authorizes the Interim Town Manager and/or designee(s) to execute the
agreement and related documents for damage assessment and development of repair
alternatives.

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Council Member Ryan Stone made a motion to approve the following resolution. A vote
of 4-0 in favor. Council Member Larry Harris was absent.
A RESOLUTION TO AUTHORIZE THE AGREEMENT WITH ANCHOR QEA OF
NORTH CAROLINA PLLC TO PROVIDE DESIGN AND ENGINEERING
SERVICES FOR THE FLAT CREEK GREENWAY RESTORATION PROJECT
RESOLUTION NO. # R-26-75
WHEREAS, the Flat Creek Greenway was substantially damaged during Tropical Storm
Helene; and
WHEREAS, the Town has been awarded funding from FEMA Public Assistance
(hereinafter referred to as “FEMA PA”) for architecture and engineering to repair the
greenway; and
WHEREAS, the Town requested statements of qualification from firms who wished to be
considered for the design and engineering of disaster recovery projects: and
WHEREAS, the Town Council of the Town of Black Mountain awarded this project to
Anchor QEA PLLC (hereinafter referred to as “Anchor”) after scoring responses to a
request for qualifications for engineering services for the project; and
WHEREAS, the Town has allocated funds from the State cash flow loan in the amount of
$35,000 and received $39,475 from FEMA PA for A&E services which have been
recognized in the associated capital project ordinance (O-25-27);
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF BLACK MOUNTAIN THAT:
1. The Interim Town Manager, and/or a designee(s) thereof, is authorized to execute
the contract with the Anchor QEA to perform a damage assessment and provide
alternatives for repair of the Flat Creek Greenway.
2. The Town Council authorizes the Interim Town Manager, and/or a designee(s)
thereof, to execute and file any related documents required to implement this
agreement for professional services and proceed with the outlined scope of work, as
presented.
ADOPTED this 14th day of September 2026.
************************************
6.H.

Consideration of Resolution Authorizing the Task Order with Jennings
Environmental for Design & Engineering Services for the NC DEQ
Blueprint Veterans Park Floodbenching Project and Adoption of a Capital
Project Ordinance for this Project.

The Town Council will consider a task order from Jennings Environmental to perform
engineering and design tasks for the NC DEQ Blueprint Floodbench Project in Veteran’s
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Par and adopt a Capital Project Ordinance for the project.
Council Member Ryan Stone made a motion to approve the following resolution. A vote
of 4-0 in favor. Council Member Larry Harris was absent.
A RESOLUTION AUTHORIZING THE TASK ORDER WITH JENNINGS
ENVIRONMENTAL FOR DESIGN & ENGINEERING SERVICES FOR THE NC
DEQ BLUEPRINT VETERAN’S PARK FLOODBENCHING PROJECT
RESOLUTION NO. # R-26-76
WHEREAS, the Town applied to the North Carolina Division of Environmental Quality
(NC DEQ) Blueprint grant program for floodbenching improvements in Veteran’s Park;
and
WHEREAS, the Town was awarded funding from the NC DEQ Blueprint program in the
amount of $1,650,000; and
WHEREAS, Jennings Environmental was selected as the most qualified firm based on
their response to the Town’s request for statements of qualification for the project; and
WHEREAS, Jennings Environmental has submitted to the Town a task order outlining
their proposed scope and cost for design and engineering services for the project; and
WHEREAS, cash flow funds and reimbursements from the NC DEQ Blueprint program
will be recognized in the capital project ordinance for the project entitled “Veteran’s Park
Blueprint Floodbenching Project”;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF BLACK MOUNTAIN, NORTH CAROLINA, THAT:
1. The Town Council authorizes the Interim Town Manager, and/or a designee(s)
thereof, to execute the task order with Jennings Environmental to perform
engineering and design tasks outlined in the attached scope of work.
2. The Town Council authorizes the Interim Town Manager, and/or a designee(s)
thereof, to execute and file any related documents required to implement this
agreement for professional services and proceed with the outlined scope of work, as
presented.
Adopted this 14th day of September, 2026.
*********************************
Council Member Ryan Stone made a motion to approve the following resolution. A vote
of 4-0 in favor. Council Member Larry Harris was absent.

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TOWN OF BLACK MOUNTAIN
VETERAN’S PARK BLUEPRINT FLOODBENCHING PROJECT
CAPITAL PROJECT FUND ORDINANCE
ORDINANCE NO: # O-26-21
BE IT ORDAINED by the Town Council of the Town of Black Mountain, North Carolina,
that, pursuant to the Local Government Budget and Fiscal Control, a local government
may, in its discretion, authorize and budget for a capital project or a grant project in a
project ordinance adopted pursuant to G.S. 159-13.2. A project ordinance authorizes all
appropriations necessary for the completion of the project and neither it nor any part of it
need be readopted in any subsequent fiscal year; and the following Capital Project Fund
Ordinance is hereby created as follows:
Section 1: Project Defined
The Town of Black Mountain defines a "Capital project" as a project financed in whole or
in part by the proceeds of bonds, notes or debt instruments or a project involving the
construction or acquisition of a capital asset with expenditures that span across multiple
fiscal years.
Section 2: Project Authorization
The project authorized is for the purpose of completing the Veteran’s Park Blueprint
floodbenching project as outlined in the scope submitted to the North Carolina Department
of Environmental Quality.
Section 3: Funding
The project is funded in whole by the North Carolina Department of Environmental Quality
Blueprint grant program.
Section 4: Directives
The officers of the Town of Black Mountain are hereby directed to proceed with the capital
project within the terms and budget contained herein, as approved by the Governing Board
of the Town of Black Mountain. The Town Manager is hereby directed to act on behalf of
the Town Council in all matters associated with the project within the terms of all contracts,
agreements, and legal requirements binding on the project and within limits of the
appropriate funds.
Section 5. Revenues
The following anticipated Revenues are hereby adopted:
Budgeted Revenues
Revenue Type

Anticipated Revenues

Allocation Project Grant Funding (NC DEQ Blueprint)
Total Revenue

September 14, 2026 Meeting Minutes

$1,650,000.00
$1,650,000.00

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Section 6. Expenditures
The following anticipated appropriations are hereby adopted:
Budgeted Expenditures
Expenditure Type

Anticipated Expenditures

Professional Services – Design and Engineering

$390,000.00

Capital Outlay – Land Improvements

$1,260,000.00

Total Expenditure

$1,650,000.00

Section 7. Records and Reporting
The Finance Director is hereby directed to maintain within the Capital Project Fund
sufficient specific detailed accounting records to satisfy the disclosure requirements of all
the contractual agreements, if applicable.
Section 8. Authority to Manage Accounts
The Town Manager and/or the Finance Director has the authority to transfer funds; both
expenditures and revenues, between the accounts contained within the capital project as
may be necessary, provided however that the total expenditures equal the total revenues and
that expenditures may not exceed the project total without an amended ordinance from
council.
Section 9. Official Copies
Copies of this Capital Project Ordinance shall be furnished to the Town Clerk, the Town
Manager and the Finance Director for the direction in carrying out this project.
Section 10. Budget Inclusion
Authorized project expenditures represent appropriations necessary for the completion of
projects and therefore do not require re-appropriation in any subsequent fiscal year.
However, per G.S. 159-13.2 information on project ordinances will be included in the
annual budget. Each year the finance officer shall include within the budget information in
such detail as he or the governing board may require concerning each grant project or
capital project. This information will be detailed for any new project funds expected to be
authorized by project ordinance during the budget year and include information on projects
authorized by previously adopted project ordinances which have remaining appropriations
available for expenditure during the budget year.
Section 11. Project Expiration
This project ordinance expires when the project has been completed and all of the Project
Funds have been obligated and expended by the Town OR by the date set forth within the
grant funding contract, if applicable, whichever comes first.
Duly adopted this 14th day of September 2026.
***************************************
6.I.

Consideration of Resolution Authorizing the Task Order with Jennings
Environmental for Design & Engineering Services for the Veterans Park
River Restoration Project and Adoption of the Capital Project Ordinance.

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The Town Council will consider a resolution authorizing a task order from Jennings
Environmental to perform engineering and design tasks for the Veterans Park River
Restoration project and to adopt a Capital Project Ordinance for the project.
Council Member Ryan Stone made a motion to approve the following resolution. A vote
of 4-0 in favor. Council Member Larry Harris was absent.
TOWN OF BLACK MOUNTAIN
VETERANS PARK RIVER RESTORATION FEMA PROJECT
CAPITAL PROJECT FUND ORDINANCE
ORDINANCE NO: # O-26-22
BE IT ORDAINED by the Town Council of the Town of Black Mountain, North Carolina,
that, pursuant to the Local Government Budget and Fiscal Control, a local government
may, in its discretion, authorize and budget for a capital project or a grant project in a
project ordinance adopted pursuant to G.S. 159-13.2. A project ordinance authorizes all
appropriations necessary for the completion of the project and neither it nor any part of it
need be readopted in any subsequent fiscal year; and the following Capital Project Fund
Ordinance is hereby created as follows:
Section 1: Project Defined
The Town of Black Mountain defines a "Capital project" as a project financed in whole or
in part by the proceeds of bonds, notes or debt instruments or a project involving the
construction or acquisition of a capital asset with expenditures that span across multiple
fiscal years.
Section 2: Project Authorization
The project authorized is for the purpose of completing the Veteran’s Park River
Restoration Project.
Section 3: Funding
The project is funded by Federal Emergency Management and North Carolina Department
of Public Safety grants.
Section 4: Directives
The officers of the Town of Black Mountain are hereby directed to proceed with the capital
project within the terms and budget contained herein, as approved by the Governing Board
of the Town of Black Mountain. The Town Manager is hereby directed to act on behalf of
the Town Council in all matters associated with the project within the terms of all contracts,
agreements, and legal requirements binding on the project and within limits of the
appropriate funds.

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Section 5. Revenues
The following anticipated Revenues are hereby adopted:
Budgeted Revenues
Revenue Type

Anticipated Revenues

FEMA PA funding for Veteran’s Park River Restoration

$536,450.00

Total Revenue

$536,450.00

Section 6. Expenditures
The following anticipated appropriations are hereby adopted:
Budgeted Expenditures
Expenditure Type
Professional Services – Design and Engineering
Capital Outlay – Land Improvements
Total Expenditure

Anticipated Expenditures
$95,240.00
$441,210.00
$536,450.00

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grant funding contract, if applicable, whichever comes first.
Duly adopted this 14th day of September 2026.
****************************
Council Member Ryan Stone made a motion to approve the following resolution. A vote
of 4-0 in favor. Council Member Larry Harris was absent.
A RESOLUTION AUTHORIZING THE TASK ORDER WITH JENNINGS
ENVIRONMENTAL FOR DESIGN & ENGINEERING SERVICES FOR THE
VETERAN’S PARK RIVER RESTORATION PROJECT
RESOLUTION NO. # R-26-77
WHEREAS, the riverbank at Veteran’s Park was substantially damaged during Tropical
Storm Helene; and
WHEREAS, these damages are included in a FEMA PA project; and
WHEREAS, the Town requested statements of qualification from engineering firms who
wished to perform the design and engineering for the project; and
WHEREAS, the Town has selected Jennings Environmental as the most qualified firm
based on the qualifications-based selection process; and
WHEREAS, Jennings Environmental has submitted to the Town a task order outlining
their proposed scope and cost for design and engineering services for the project; and
WHEREAS, cash flow funds and reimbursements from the NC DEQ Blueprint program
will be recognized in the capital project ordinance for the project entitled “Veteran’s Park
River Restoration Project”; and
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF BLACK MOUNTAIN, NORTH CAROLINA, THAT:
1. The Town Council authorizes the Interim Town Manager, and/or a designee(s)
thereof, to execute the task order with Jennings Environmental to perform
engineering and design tasks outlined in the attached scope of work.
2. The Town Council authorizes the Interim Town Manager, and/or a designee(s)
thereof, to execute and file any related documents required to implement this
agreement for professional services and proceed with the outlined scope of work, as
presented.
Adopted this 14th day of September, 2026.
******************************
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6.J.

Consideration of Resolution Authorizing the Task Order with KimleyHorn & Associates to Perform Design & Engineering Services for the
Veterans Park Pedestrian Bridge Project.

Town Council will consider a resolution to approve the Task Order from Kimley-Horn to
complete full designs and engineering of the Veteran’s Park Pedestrian Bridge project.
Council Member Ryan Stone made a motion to approve the following resolution. A vote
of 4-0 in favor. Council Member Larry Harris was absent.
A RESOLUTION AUTHORIZING THE TASK ORDER WITH KIMLEY-HORN &
ASSOCIATES TO PERFORM DESIGN & ENGINEERING SERVICES FOR THE
VETERAN’S PARK PEDESTRIAN BRIDGE PROJECT
RESOLUTION NO. # R-26-78
WHEREAS, the Veteran’s Park pedestrian bridge was destroyed during Tropical Storm
Helene; and
WHEREAS, the Town has been obligated funding through the FEMA Public Assistance
program to build a replacement bridge; and
WHEREAS, Kimley-Horn has given a task order to the Town outlining the scope and cost
to complete the design and engineering of the bridge; and
WHEREAS, Town Council has previously passed the Capital Project Ordinance for this
project (O-25-29) on November 1, 2025;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF BLACK MOUNTAIN, NORTH CAROLINA, THAT:
1. The Town Council hereby authorizes the Interim Town Manager, and/or a
designee(s) thereof, to execute the attached task order for design and engineering
related to the Veteran’s Park pedestrian bridge project.
2. The Town Council authorizes the Interim Town Manager, and/or a designee(s)
thereof, to execute and file any related documents required to implement this
agreement for professional services and proceed with the outlined scope of work, as
presented.
3. The Town Council authorizes the Interim Town Manager, and/or a designee(s)
thereof, to perform budget adjustments required to recognize reimbursements for
the project in the Veteran’s Park Bridge capital project ordinance (O-25-29) and
make payments to Kimley-Horn for their services for the scope of work, as
presented.
Adopted this 14th day of September, 2026.
******************************
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6.K.

Consideration of Resolution Authorizing the Amendment to the Agreement
for Professional Engineering & Design Services from the John R. McAdams
Company for FEMA Town Roads Group 2 Project.
Town Council will consider a resolution to approve the attached Amendment to the
Agreement for Professional Services for the John R. McAdams Company, Inc. to perform
Design & Engineering services for five Town roads which are included in the Town
Roads Group 2 project. These roads are as follows: (1) Fairway Dr., (2) Valley Vista Dr.,
(3) South Laurel Circle, (4) Old Lakey Gap Rd., and (5) N Cherokee Ave.
Council Member Ryan Stone made a motion to approve the following resolution. A vote of 40 in favor. Council Member Larry Harris was absent.

A RESOLUTION AUTHORIZING THE AMENDMENT TO THE AGREEMENT FOR
PROFESSIONAL ENGINEERING & DESIGN SERVICES FROM THE JOHN
R. MCADAMS COMPANY, INC. ASSOCIATED WITH THE FEMA TOWN ROADS
GROUP 2 PROJECT
RESOLUTION NO. # R-26-79
WHEREAS, several Town roads were substantially damaged during Tropical Storm
Helene; and
WHEREAS, many of these roads have been incorporated into FEMA Public Assistance
projects to repair damages; and
WHEREAS, the Town received an assessment from McAdams detailing methods of repair
and thorough documentation of storm-related damages to inform FEMA of which roads
repairs required further engineering to restore safe road conditions; and
WHEREAS, five of these roads (Fairway Dr., Valley Vista Dr., South Laurel Cir., Old
Lakey Gap Rd., and N Cherokee Ave.) sustained damages requiring engineered design; and
WHEREAS, FEMA has acknowledged the need for engineering on these damages; and
WHEREAS, the Town has received the proposed amendment to professional services to
prepare designs and perform engineering tasks for these sites; and
WHEREAS, these costs will ultimately be funded through FEMA Public Assistance
funding and will use State Cash Flow Loan funding until FEMA funds are received; and
WHEREAS, Town Council has previously authorized a budget amendment (R-25-93) and
capital project ordinance (O-25-33) allocating cash flow loan funds to the project; and
WHEREAS, these costs are fully covered by the amounts currently recognized in the
capital project ordinance.
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NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF BLACK MOUNTAIN, NORTH CAROLINA, THAT:
1. The Town Council hereby authorizes the Interim Town Manager, and/or a
designee(s) thereof, to execute the amendment to professional services for
engineering related to the Town Roads Group 2 project.
2. The Town Council authorizes the Interim Town Manager, and/or a designee(s)
thereof, to execute and file any related documents required to implement this
amendment to this agreement for professional services and proceed with the
outlined scope of work, as presented.
Adopted this 14th day of September, 2026.
***************************
6.L.

Consideration of Application to Pursue Grant Funds for Part-Time
Assistant Community Garden Manager Position Funding for FY27-28.
The Town of Black Mountain Recreation and Parks Department requests authorization to
apply for up to $25,000 through the Community Foundation of Western North Carolina
Human Services and Education Fund. The funding would continue the part-time Assistant
Garden Manager position for FY2027-2028, with the Town serving as the applicant for this
grant cycle. The position is currently funded for FY2026-2027 through a grant received by
the Friends of the Community Gardens. During the current grant period, the position has
become an important part of maintaining daily operations and meeting the Garden’s
growing community needs.
Council Member Ryan Stone made a motion to approve the following resolution. A vote
of 4-0 in favor. Council Member Larry Harris was absent.
A RESOLUTION AUTHORIZING THE PURSUIT OF GRANT FUNDING FOR A
PART-TIME ASSISTANT GARDEN MANAGER AT THE DR. JOHN WILSON
COMMUNITY GARDEN
RESOLUTION NO. # R-26-80
WHEREAS, the Dr. John Wilson Community Garden, operated through the Town of
Black Mountain Recreation and Parks Department, provides vital community
programming, food donation efforts, educational opportunities, rental plots, and volunteer
experiences; and
WHEREAS, the part-time Assistant Garden Manager position is currently funded for FY
2026-2027 through a grant received by the Friends of the Dr. John Wilson Community
Garden; and
WHEREAS, the position has proven vital to the Garden by supporting daily operations, the
Growing for Donation Program, rental plots, volunteer coordination, educational
programming, and infrastructure projects, while allowing the Garden Manager to focus on
administration, partnerships, fundraising, and long-term improvements; and

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WHEREAS, the Garden continues to face increased demand for donated produce,
community plots, volunteer opportunities, and programming, and continued staffing is
necessary to maintain these services and protect the progress made through recent grantfunded improvements; and
WHEREAS, the Town of Black Mountain seeks to apply directly for the same grant
opportunity through the Community Foundation of Western North Carolina Human
Services and Education Fund, in an amount up to $25,000, to continue the part-time
Assistant Garden Manager position for FY 2027-2028.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Black
Mountain that Town staff are hereby authorized to apply for grant funding through the
Community Foundation of Western North Carolina Human Services and Education Fund,
in an amount up to $25,000, to support a part-time Assistant Garden Manager position at
the Dr. John Wilson Community Garden for FY 2027-2028.
Adopted this 14th day of September, 2026.
***************************
8.

PUBLIC HEARING
8.A.

Public Hearing to Amend Chapter 48, Utilities, Article VI,
Stormwater Management Enterprise Fund, Division 2, Stormwater
Service Charges.
The current Stormwater Management Enterprise Fund Ordinance does not specify that the
property owner is the responsible party for paying the utility bill, as is required by law. The
proposed amendments will remove any mention of tenants, agents, or anyone that is not the
property owner and will move the responsibility of the utility bill to the property owner.
Town Council Member Alice Berry made a motion to open the public hearing. A vote of
4-0 in favor. Council Member Larry Harris was absent. The time was 7:26 p.m. No public
comment was provided. Vice Mayor Archie Pertiller then made a motion to close the
public hearing. A vote of 4-0 in favor.
Council Member Alice Berry made a motion to approve the following ordinance
amendments as presented and to approve the statement of consistency. A vote of 4-0 in
favor. Council Member Larry Harris was absent.

AN ORDINANCE TO AMEND CHAPTER 48 UTILITIES, ARTICLE VI, STORMWATER
MANAGEMENT ENTERPRISE FUND, DIVISION 2, STORMWATER SERVICE
CHARGES
ORDINANCE NO. # O-26-23
WHEREAS, the Black Mountain Code of Ordinances was adopted by the Town Council on
the 13th day of December 1993, and the Black Mountain Land Use Code was adopted by the Town
Council on the 11th day of January 2010; and
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NOW, THEREFORE, BE IT RESOLVED THAT Chapter 48, Article V, Division 2,
Stormwater Service Charges, of the Town of Black Mountain Code of Ordinances, be amended to
the following:
ARTICLE VI. – STORMWATER MANAGEMENT ENTERPRISE FUND
DIVISION 2. STORMWATER SERVICE CHARGES
Sec. 48-280. – Stormwater service charges.
(a) Jurisdiction: All developed land in the town, whether public or private, will shall be subject
to a stormwater service charge set by the town council. Exemptions will shall not be allowed
based on age, tax exemption, or other status of an individual or organization. Service charges
may be subject to a credit system as further provided.
(b) Establishment of stormwater charges and fees: There is hereby established a stormwater
utility fee to be imposed on all property within the boundaries and jurisdiction corporate
limits of the town, including all areas hereafter annexed thereto, whether public or private,
based on the fees, charges, and penalties adopted by the town council. Stormwater service
charges on developed land will shall be based on a scheduled of rates, charges, tiers, and late
fees fixed and established from time to time by the town council, adopted in the annual
budget ordinance and maintained on file in the offices of the town clerk. Stormwater utility
service fees will be determined and modified so that the total revenues generated by said fess
will be used to pay such expenses as are reasonably necessary or convenient in the
management, administration, planning, regulatory compliance, public education,
construction, operation, and maintenance of the stormwater system and to pay principal of
and interest on the debt incurred for stormwater purposes.
(c) Fees will shall be assessed using a flat tiered system based on the intensity of the principal
use of each parcel. Any parcel classified as mixed-use will shall be assessed the stormwater
utility fee associated with the most intensive use occurring on the property.
(d) The principal use shall be determined by the planning director, or their designee(s), who
shall base such determination on:
(1) Tier 1 – Minimal impact, residential. Each parcel upon which the principal use is
single-family residential dwellings, including duplexes, condominiums, and
townhomes, will shall be assessed at the Tier 1 rate.
(2) Tier 2 – Moderate impact, commercial and institutional. Each parcel upon which the
principal use is neither residential nor industrial, including but not limited by way of
limitation, retail establishments; medical offices, restaurants, professional services,
automotive services; fitness centers, spas and salons, religious services; apartment
complexes; and residential care facilities, will shall be assessed at the Tier 2 rate.
(3) Tier 3 – Undeveloped. Each parcel upon which there is no residential, industrial,
commercial, institutional, or other non-residential use and which remains in its
natural, vegetative state, will shall be assessed at the Tier 3 rate.
(4) Tier 4 – Exempt. Each parcel owned by the Town of Black Mountain, Buncombe
County, the state of North Carolina, or the United States of America.
(5) Tier 5 – Significant impact, industrial. Each parcel upon which the principal use is
light or heavy industrial, including, but not limited by way of limitation, asphalt;
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mining; warehousing; and processing facilities, will shall be assessed at the Tier 5
rate.
Sec. 48-281. – Exemptions and credits.
Except as provided in this section, no developed property will shall be exempt from stormwater
utility service fees or receive credit against such fees.
(1) There will shall be no exception, credit, offset, or other reduction in stormwater service
charges granted grated based upon age, race, tax status, economic status, or religion of the
customer, or any other condition unrelated to the stormwater utility’s cost of providing
stormwater management services and facilities.
(2) The property owner or current resident of any parcel may be eligible to receive a monthly
credit against the assessed stormwater utility fee in recognition of on-site or off-site systems,
facilities, measures, and actions taken by customers that exceed minimum requirements for
stormwater management, provided that such credit will shall be conditioned upon the
continuing performance of the systems, facilities, measures, or actions upon which the credits
are granted for the remainder of months, and the maximum credit will shall not exceed 50
percent of the original assessed fee.
(3) The planning director will shall prepare a stormwater credit and incentive manual setting
forth the appropriate credit application process, eligibility criteria, and standards upon which
such credits are given.
(4) Credits will shall be in the amounts set forth in the schedule of rates, fees, charges, and
penalties adopted annually by the town council.
(5) This section 48-281 will shall be effective by January 1, 2024.
Section 48-282. – [Billing and collection of stormwater service fees, rents, rates, charges, and
penalties.]
Billing and collection of stormwater service fees, rents, rates, charges, and penalties will
shall be administered by the finance director, or their designee(s), who is hereby authorized to
develop policies and procedures to effectuate the purpose and intent of this section.
(1) Responsible party: As authorized by NCGS Section 160A-314, stormwater utility fees,
charges, and penalties will remain the responsibility and obligation of the property
owner.
(2) Stormwater service charges may be billed on a combined utility bill that also contains fees
and charges for other utility services provided by the town such as, water and/or sewer
service. The stormwater utility fee will shall be billed monthly upon the normal utility billing
and will shall be shown as a separate item. (Stormwater service bills for a property that
receives other town provided utilities shall be sent to the customer receiving such service.
However, where multiple water and sewer accounts exist for a single parcel, the stormwater
service bill may be sent to the property owner.
(3) A stormwater bill will either be sent through the United States mail or delivered by an
alternate method, notifying each property owner customer of the amount of the bill, the date
the payment is due and the date when past due. Failure to receive a bill is not justification for
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nonpayment. The owner of each parcel of developed land shall be ultimately obligated to pay
such fee.
(4) Stormwater utility service fees will shall be due and payable as set forth in the town’s
adopted utility billing policy and procedures manual and will be subject to rates, fees, and
penalties listed within the schedule of utility rates and fees. The property owner is ultimately
responsible for payment of the stormwater utility service fee for property for which the party
bill has not paid the stormwater fee as authorized by N.C.G.S. § 160A-314.
(5) Combined utility billing: Where stormwater service charges appear on a combined utility
bill, and a customer does not pay the service charges for all the utilities on the bill, the partial
payment will be prorated and applied to the respective utilities in the following order:
a. Delinquent stormwater utility fees and service charges,
b. Delinquent combined sewer and water charges,
c. Current stormwater changes, and
d. Current combined sewer and water charges.
(6) Where a property receives water and/or sewer service, if stormwater service charges for that
property are not paid, water and/or sewer service to that property may be terminated, whether
or not the stormwater charges were included on a combined utility bill. Termination will be
handled in accordance with the Adopted Utility Billing Policy and Procedures Manual.
(7) No property for which stormwater service charges are outstanding is entitled to receive water
and/or sewer service until the outstanding stormwater service charge on that property is paid.
No customer with a delinquent stormwater service account is entitled to open a water and/or
sewer account at the same or different location until the delinquency has been satisfied.
(8) Non-combined and/or separate stormwater utility billing: For properties not having otherwise
active utility accounts, stormwater utility service fee will shall be billed to the property
owner owners or other persons listed on the real property tax records.
(9) No criminal penalty: A violation of this section subjects the offender to a civil penalty
pursuant to the authority granted by N.C.G.S. § 160A-175 and does not subject the offender
to the criminal penalty provisions of N.C.G.S. § 14-4.
(10) Back billing: If property is incorrectly billed, or not billed, or a bill is sent to the wrong
party property owner, the town city may back bill a property for up to a three-year period.
(11) Collection on unpaid stormwater fees will shall be done in conformance with the Town of
Black Mountain Adopted Utility Billing Policy and Procedures Manual.
Sec. 48-283. – Reserved.
Sec. 48-284. – Appeals.
This article will shall not be construed as to relieve any person from the payment of any fee
or charge which is due and payable under the provisions of any prior ordinance, nor to bar the
collection of same by any and all means in said prior ordinance or otherwise provided by law. No
adjustment to a customer’s bill may be made by the planning director or the town manager for more
than three-year period immediately preceding the date that the customer’s appeal is received by the
town manager. Any customer who believes the provisions of this article have been applied in error
may appeal in the following manner:
(1) In the event a current resident or the property owner disputes the stormwater utility charges
assessed to that current resident’s or property owner’s property, including determination of
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the applicable tier rate or determination of applicable credits, the current resident or property
owner may apply for a redetermination. The planning director will shall decide to approve or
deny the application within 30 days of receipt of the completed application. The planning
director’s decision will shall be in writing and if a denial, will shall state the reasons for the
denial.
(2) In the event the application for a redetermination is denied, the property owner applicant
may appeal the denial to the town manager by filing a written notice of appeal with the office
of the town manager within ten calendar days of the date of denial. The town manager will
shall review the application for redetermination, including supporting evidence provided with
the application, and make a decision to allow or deny the appeal within 30 days of receipt of
the completed notice of appeal application. The decision will shall be in writing, and if
denied, will shall state the reasons for the denial.
(3) The decision of the town manager may be appealed to Superior Court in the nature of
certiorari.
(4) If an application for redetermination is approved, the planning director or the town manager
may adjust the fee as long as the adjustment is in conformance with the intent of this article.
The stormwater fee will shall be adjusted accordingly for the specific parcel and the adjusted
rate will shall apply to the next regularly generated bill for the entirety of the building period.
(5) No provision of this article allowing for administrative appeal will shall be deemed to
suspend the due date for payment in full of the stormwater utility service fee.
Sec. 48-285. – Use of revenue; investment of funds; borrowing.
Funds generated for the stormwater management utility from fees, bonds issued, other
borrowing and other sources will shall be utilized only for those purposes for which the stormwater
management utility has been established. Such funds will shall be invested and reinvested pursuant
to the same procedures and practices established by the town city for investment and reinvestment of
funds. The town council may use any form of borrowing authorized by law to fund capital
acquisitions expenditures for the stormwater management utility.
READ, APPROVED AND ADOPTED, by a vote of 4 to 0 on this the 14th day of September 2026.
*******************************
8.B.

Public Hearing to Amend Chapter 2, Building Regulations, Section 2.3,
Flood Damage Prevention Ordinance.
Stormwater Technician and Floodplain Administrator Anne Phillip presented this item to
Council. Anne stated the Hazard Mitigation Section of the North Carolina Department of
Emergency Management published a new model flood damage prevention ordinance in
2025. The new model ordinance removes the coastal regulations and adds some regulations
from lessons learned from Tropical Storm Helene. Staff reviewed the new model ordinance
against the current ordinance and made amendments to better align with the model
ordinance. The proposed amendments were reviewed by the Planning Board at their July
27th, 2026 meeting and recommended sending the proposed amendments forward to Town
Council. The proposed amendments have also been reviewed by the National Floodplain
Insurance Program (NFIP) with no additional changes needed. Anne reviewed 17 proposed
changes with Council. These include the following:

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2026 Flood Damage Prevention Ordinance proposed changes:
1. Include ALL required definitions from the NFIP 2026 Non-Coastal Model Ordinance.
2. Include new sections of text that NFIP added to the 2026 Model in green text.
3. Include some optional language, in blue in 2026 Model, that either I or the Planning Board
felt should be included for Black Mountain.
4. Article 1 Section D Objectives- our draft does not include 6,7, or 8 that are in the Model. We
combined the language of #6 from the model with #5 in our ordinance and added 7 and 8
from the Model to our ordinance.
5. Planning Board recommended increasing Freeboard from our current 2’ above BFE to 4’
above BFE. That is included in the draft as presented.
6. Changed Repetitive Loss definition to 5-year period instead of 10 as suggested in the Model.
Repetitive Loss Property definition still uses the 10-year threshold.
7. Chose to retain the current one-year period for SD/SI calculations instead of adopting a
longer timeframe suggested in the model (5 or 10 year) and retained the 50% threshold
instead of adopting a lower percentage damage trigger.
8. Planning Board recommended including an additional definition of SD that is flood-related
damage sustained by a structure on two separate occasions during a 10-year period where
cost of repairs at the time of each flood event equals or exceeds 25% of market value.
9. Penalties for violation are now in line with the Model (Article 3 Section H- fined not more
than $500.
10. Substantial new language from the 2026 Model regarding violations was added (Article 4
Section D Corrective Procedures).
11. Amended Article 4 Section E Variance Procedures to follow the 2026 Model.
12. Article 5 Section A (17) – BIG CHANGE to include optional language proposed by the
Model- to prohibit use of fill to elevate or support a structure in the SFHA.
13. Article 5 Section B (4) we added d & e: d) will not be temperature controlled or conditioned,
e) property owners will be required to execute and record a non-conversion agreement.
14. Article 5 Section B (8) specifies requirements for different size accessory structures.
15. Article 5 Section B (9) TANKS and Section (10) were not in our current ordinance but are in
the Model. They are both included in the current draft.
16. Neither I nor Planning Board recommended including the optional Article 5 Section C which
would have added regulations to the 0.2% ACF which currently is not regulated by the Flood
Damage Prevention Ordinance.
17. Planning Board said that they would defer to any comments from NFIP so that way we
wouldn’t have to take this back to them.
Some discussion ensued about the freeboard, which is currently two (2) feet above base flood
elevation. The recommendation from the Planning Board was to increase this freeboard to four
(4) feet. Pros and cons were discussed about this freeboard increase.

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Town Council Member Alice Berry made a motion to open the public hearing. A vote of 4-0
in favor. Council Member Larry Harris was absent. The time was 7:49 p.m. No public
comment was provided. Vice Mayor Archie Pertiller then made a motion to close the public
hearing. A vote of 4-0 in favor.
Additional discussion ensued between Council and staff. Town Attorney Craig Justus
recommended keeping the freeboard at two (2) feet and briefly discussed fill dirt / infill
regulations. Anne stated the Planning Board's rationale for the freeboard increase was to make
people feel safer. After more discussion, Council was in consensus to exclude what the Planning
Board recommended with the freeboard and provisions in Article 5, section B to remain as is.
Town Council Member Alice Berry made a motion to approve the following ordinance, but to
keep the freeboard at two (2) feet and to keep Article 5, Section B as it is currently written. A
vote of 4-0 in favor. Council Member Larry Harris was absent.*
*Due to its length, a copy of this ordinance, O-26-24, is included at the end of these
minutes as Appendix B.
*************************************
8.C.

Public Hearing to Amend Chapter 8, Land Development and
Environmental Regulations, Section 8.2, The Phase II Stormwater
Ordinance and Chapter 20, Environment, Article X, Illicit Discharge.
Stormwater Technician and Floodplain Administrator Anne Phillip reviewed the suggested
list of changes and the reasons for the proposed updates. Anne stated that staff has
compared the current ordinance to the model ordinance and have proposed amendments
that will make the ordinance easier to understand and follow. Additional definitions have
been added, and the illicit discharge section will move from the Environment Chapter of
the Code of Ordinances to the Phase II Stormwater Ordinance. Anne provided a document
on the recommended updates to the Council. This document is included at the end of
these minutes as Appendix C. The Planning Board reviewed the proposed amendments at
their July 27th, 2026 meeting and recommended the proposed amendments be approved.
Town Council Member Alice Berry made a motion to open the public hearing. A vote of
4-0 in favor. Council Member Larry Harris was absent. The time was 8:17 p.m. Cheryl
Milton spoke about the requirements for the stormwater review process. With no other
comment, Vice Mayor Archie Pertiller made a motion to close the public hearing. A vote
of 4-0 in favor.
The Council then took a five-minute recess at 8:20 p.m.
After additional discussion, Council did not take any action on this item but tabled the item
until the October 12, 2026 meeting.
*******************************

CITIZEN COMMENTS- None.
September 14, 2026 Meeting Minutes

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*******************************
10. UNFINISHED BUSINESS
10.A.
Discussion of Public Safety Building Facilities
Mayor Sobol has requested this agenda item to discuss the Public Safety facilities that
include the existing building and forthcoming modular units for Police and Fire. Mayor
Sobol would like to obtain a structural engineer for the existing Public Safety Building and
get a report. Interim Manager Hicks stated currently that there is $0 in the budget to fix the
building, and the Town would need to borrow funds which would need Local Government
Commission (LGC) approval. The Mayor stated the cost for obtaining a structural engineer
is approximately $10,000. Mr. Hicks stated the monies would need to come out of
contingency funds for this. The Town Attorney stated to let the Manager vet it first and the
Council could give him discretion to find the companies to perform this structural
engineering work. Town Council Member Alice Berry made a motion to authorize the
Town Manager to secure a structural engineer to preform work with the amount not to
exceed $10,000. A vote of 4-0 in favor. Council Member Larry Harris was absent.
11. NEW BUSINESS
11.A.

Resolution to Amend the Fiscal Year 2026-27 Schedule of Fees for facility
rental fee increases for the Lakeview Clubhouse facility.
Recreation & Parks Director Jacob Guiot stated the Lakeview Clubhouse rental fee
schedule has not been updated since 2024, and the facility has not been available for rental
since Hurricane Helene. In preparation for future rentals, Town staff obtained four quotes
for cleaning services, with the lowest quote received being $125 per rental. The proposed
fee schedule amendment would increase each rental rate by $50 to help offset the
increased cost of cleaning and operating the facility. The amended rates would be
$430 for residents, $490 for non-residents, $370 for nonprofit organizations, and $280 for
Town employees.
Upon approval, the FY26-27 Schedule of Fees will be updated to reflect these amended
rental fees for the Lakeview Clubhouse facility.

Vice Mayor Archie Pertiller made a motion to approve the following resolution. A vote of 4-0 in
favor. Council Member Larry Harris was absent.
RESOLUTION AMENDING THE LAKEVIEW CLUBHOUSE RENTAL FEES &
AMENDING THE FISCAL YEAR 2026-27 TOWN FEE SCHEDULE
RESOLUTION NO. # R-26-81
WHEREAS, the Town of Black Mountain maintains and operates the Lakeview Clubhouse
for public use; and
WHEREAS, the rental fees for the Lakeview Clubhouse have not been adjusted since
2024, and the facility has not been available for rental since Hurricane Helene; and
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WHEREAS, the cost of providing cleaning services for the Lakeview Clubhouse has
increased significantly, and Town staff obtained four quotes for these services, with the
lowest quote received being $125 per rental; and
WHEREAS, the proposed fee schedule amendments are a result of increasing costs of
services that are needed to operate Lakeview as a public rental facility, and a senior center.
The proposed adjustment to the Lakeview Clubhouse rental fees is reasonable and
necessary to offset increased cleaning and operating expenses;
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Black
Mountain that the rental fees for the Lakeview Clubhouse is hereby amended as follows:
Rental Classification

Current Fee

Amended Fee

Resident

$380.00

$430.00

Non-Resident

$440.00

$490.00

Nonprofit Organization

$320.00

$370.00

Town Employee

$230.00

$280.00

BE IT FURTHER RESOLVED that these fee amendments shall become effective upon
adoption of this resolution and the Town of Black Mountain’s Fee Schedule for Fiscal Year
2026-27 shall be amended to reflect the new rental fees for the Lakeview Clubhouse.
Adopted this the 14th day of September 2026.
*******************************
11.B.

Agreement For Engineering Services With McGill Associates, PA for
Water Resiliency Project.
Interim Town Manager Richard Hicks stated that the Town of Black Mountain has been
awarded almost $10 million dollars from the State Revolving Fund (SRF) Helene Water
Resiliency Project which would include the following scopes of work: development of up
to four new water supply wells, rehabilitation of ten existing water supply well and
common well treatment building, replacement of existing well supply water lines,
proposed water storage tank, relocation of two existing water lines, fourteen water line
stream crossings by direction drill or open cut, and standby generator and electrical
improvements at existing booster pump stations. Staff is recommending that the Town
execute an engineering agreement with McGill Associates, PA for the design work on the
project. The total cost of their services, under the agreement, would be $1,410,000.
Vice Mayor Archie Pertiller made a motion to authorize the Interim Town Manager to
execute the engineering agreement with McGill Associates, PA, for the Water Resiliency
Project, Resolution No. # R-26-82. A vote of 4-0 in favor. Council Member Larry Harris
was absent.

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Due to size, a copy of this engineering agreement, Resolution No. # R-26-82, is
included at the end of these minutes as Appendix D.
*******************************
12. CLOSED SESSION. No Closed Session was held.
*******************************
13. ADJOURNMENT.
Before adjournment, there was a short discussion of the previously held Public Hearing for Phase
II Stormwater Ordinance, Ch. 8, Section 8.2 and Illicit Discharge Text Amendments, Ch. 20,
Article X. Town Attorney Justus recommended that this public hearing be opened back up
before the end of this meeting, and it can be tabled until the October 12th meeting, but Council
closed the hearing earlier in the meeting. This would prevent any re-advertisement of the public
hearing if left open by the Council. Vice Mayor Archie Pertiller made a motion to reopen the
public hearing to Amend Chapter 8, Land Development and Environmental Regulations,
Section 8.2, The Phase II Stormwater Ordinance and Chapter 20, Environment, Article X,
Illicit Discharge, and to continue the hearing at the October 12, 2026, Town Council meeting.
A vote of 4-0 in favor. Council Member Larry Harris was absent.
With no further business to be discussed, Mayor C. Michael Sobol adjourned the meeting
at 8:48 p.m.
_________________________
C. Michael Sobol, Mayor
Attest: ________________________
Wesley M. Barker, Town Clerk

September 14, 2026 Meeting Minutes

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TOWN OF BLACK MOUNTAIN

AGENDA ITEM SUMMARY
SUBMITTER:

Laurel Mabery, Accountant

AGENDA SECTION: Consent Agenda
TITLE OF ITEM:

MEETING DATE:

October 12, 2026

DEPARTMENT:

Finance

Monthly Tax Collector Report

SUGGESTED MOTION(S):
Approve the monthly tax collector report as presented.
SUMMARY:
Monthly Tax Collector Report

BUDGET IMPACT:
Is this expenditure approved in the current fiscal year budget?
If no, describe how it will be funded.

ATTACHMENTS:
1. Monthly Council Report - August 2026

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TOWN OF BLACK MOUNTAIN TAX COLLECTOR'S REPORT
TO:

Black Mountain Board of Commissioners

FROM:

Laurel Mabery, Municipal Tax Collector

DATE:

Monday, October 12, 2026

SUBJECT: August 2026 Tax Collector Report

According to GS 105-350(7) it is the duty of the tax collector to submit to the governing body at each of its
regular meetings a report of the amount collected on each year’s taxes with which is charged, the amount
remaining uncollected, and the steps taken to encourage or enforce payment of uncollected taxes.
Below is the month end report for collections (current and prior years), provided by the Buncombe County
Tax Collector. The tax department is using all collection remedies as provided by general statute to collect
delinquent taxes including but not limited to garnishments, attachments, and NC Debt Setoff.

CURRENT YEAR TAX -ADVALOREM TAXES
Billed
Collected
Adjustments and Releases
Outstanding real and personal property taxes

$
$
$
$

TAX COLLECTION PERCENTAGE FOR CURRENT TAX YEAR

5,665,507.73
214,882.55
4,926.03
5,455,551.21
3.79%

PRIOR YEAR TAXE(S) COLLECTED WITHIN THE MONTH
Collected
Adjustments and Releases

2,080.46

Per NCGS 105-381(b) the Tax Collector is reporting tax releases/refunds within the current period:
Ad Valorem
$ 3,190.20
Motor Vehicle
$
60.00

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TOWN OF BLACK MOUNTAIN

AGENDA ITEM SUMMARY
SUBMITTER:

Michelle Kennedy, Planning
Director

AGENDA SECTION: Consent Agenda

TITLE OF ITEM:

MEETING DATE:

October 12, 2026

DEPARTMENT:

Planning &
Development
Services

Call for Public Hearing for Text Amendments to Chapter 4 Zoning
Regulations, Section 4.4 Provisions Governing All Lots, Section 4.4.2 Lot
Access and Section 4.7.11 TND Traditional Neighborhood District (master
planned), Section 4.7.11.5 Design Standards to clarify public and private
streets to be held on Monday, November 9, 2026, at 6:00 p.m. in the
Council Room of Town Hall, 160 Midland Avenue, Black Mountain, N.C. or
as soon thereafter as possible.

SUGGESTED MOTION(S):
I move to call for a public hearing for text amendments to Chapter 4 Zoning Regulations,
Section 4.4 Provisions Governing All Lots, Section 4.4.2 Lot Access and Section 4.7.11 TND
Traditional Neighborhood District (master planned) to clarify public and private streets to be
held on Monday, November 9, 2026, at 6:00 p.m. in the Council Room of Town Hall, 160
Midland Avenue, Black Mountain, NC.
SUMMARY:
There is confusion in the language of these two sections regarding public and private street
access and design. The proposed amendments seek to clarify the confusion.

BUDGET IMPACT:
Is this expenditure approved in the current fiscal year budget?
If no, describe how it will be funded.

ATTACHMENTS:

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1. LEGAL_NOTICE_LOT_ACCESS

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LEGAL NOTICE
BLACK MOUNTAIN TOWN COUNCIL
PUBLIC HEARING
Monday, November 9, 2026, at 6:00 p.m.
The Black Mountain Town Council will meet on Monday, November 9, 2026,
at 6:00 p.m. in the Council Room of Town Hall, 160 Midland Avenue, Black
Mountain, NC. The purpose of this meeting is to hold a public hearing for
amendments to Chapter 4 Zoning Regulations, Section 4.4 Provisions
Governing All Lots, Section 4.4.2 Lot Access and Section 4.7 Zoning
Regulations by District, Section 4.7.11 TND Traditional Neighborhood
District (master planned), Section 4.7.11.5 Design Standards, to clarify
public and private streets.
The meeting is open to the public.
__________________________
Wesley M. Barker
Town Clerk
The Town of Black Mountain is committed to providing accessible facilities, programs and services for all
people in compliance with the Americans with Disabilities Act (ADA). Should you need assistance or a
particular accommodation for this meeting please contact, Wesley Barker, Town Clerk at 419-9310 or by
email at [email protected].

Posted to the Town Bulletin Board 10/15/2026
Published in the Black Mountain News 10/22/2026 and 10/29/2026
www.townofblackmountain.org

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TOWN OF BLACK MOUNTAIN

AGENDA ITEM SUMMARY
SUBMITTER:

Matt Begley, Recovery & Capital MEETING DATE:
Programs Director

AGENDA SECTION: Consent Agenda
TITLE OF ITEM:

DEPARTMENT:

October 12, 2026
Administration

Authorization of Master Service Agreement with Anchor QEA, PLLC

SUGGESTED MOTION(S):
Motion to approve the following resolution as presented.
SUMMARY:
Attached is an MSA negotiated with Anchor QEA, clarifying the relationship with the Town.
Anchor QEA was selected through a qualifications-based process as the firm to perform design
and engineering work associated with Flat Creek Greenway repairs.

BUDGET IMPACT:
Is this expenditure approved in the current fiscal year budget? N/A
If no, describe how it will be funded. N/A

ATTACHMENTS:
1. R-26-XX_Resolution to Approve the MSA with Anchor QEA
2. Anchor QEA Master Service Agreement Draft

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Council Member ______ made a motion to approve the following resolution. A vote of _-_ in
favor.
A RESOLUTION TO APPROVE THE MASTER SERVICE AGREEMENT WITH
ANCHOR QEA, PLLC FOR ENGINEERING AND DESIGN SERVICES
RESOLUTION NO. R-26-XX
WHEREAS, the Town experienced substantial damage to public infrastructure from Tropical
Storm Helene; and
WHEREAS, the Town initiated a qualifications-based selection for engineering firms to procure
engineering services for Town recovery projects; and
WHEREAS, Anchor QEA, PLLC was selected as the most qualified firm for the Flat Creek
Greenway project; and
WHEREAS, Town staff and Anchor have discussed terms and conditions for establishing a
relationship between the two entities and will be performing work in accordance with an MSA
and the scope of task orders should the MSA be approved; and
WHEREAS, this MSA will supersede any other agreements previously entered into between
Anchor QEA, PLLC and the Town of Black Mountain, with the scope of work approved on
September 14, 2026 for design services related to Flat Creek Greenway remaining in effect and
operating under this version of the MSA;

NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF BLACK MOUNTAIN, NORTH CAROLINA, THAT:
1. The Town Council authorizes the Interim Town Manager, and/or a designee(s) thereof, to
execute the attached Master Service Agreement with Anchor QEA, PLLC.
2. The Town Council authorizes the Interim Town Manager, and/or a designee(s) thereof, to
execute and file any documents or other items required to implement these changes.

Adopted this 12th day of October, 2026.

_________________________
C. Michael Sobol, Mayor
Attest:
___________________________
Wesley M. Barker, Town Clerk
Resolution No. R-26-XX

Page 1 of 1

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STANDARD SERVICE AGREEMENT
This AGREEMENT, dated as of September 4, 2026 "Execution Date" is entered into by and between Anchor
QEA of North Carolina, PLLC, a North Carolina Professional Limited Liability Company, and affiliated
companies, herein referred to as “Anchor QEA,” and Town of Black Mountain, 160 Midland Avenue, Black
Mountain, North Carolina 28711, United States, hereinafter called “CLIENT.”
This AGREEMENT is to perform consulting services for the Assessment and Restoration Options for Flat
Creek Greenway project.

PROVISIONS
ARTICLE 1: TERMS OF PAYMENT
A. Invoicing and Payment
Monthly invoices will be issued to the CLIENT for payment, representing the value of the Scope of Services
completed to date. Payment is due within 30 calendar days from the date of the invoice. To the extent
permissible by law, any undisputed invoice or portions thereof not paid within 30 calendar days shall bear
interest at the rate permitted under the North Carolina Prompt Pay Act. If the CLIENT disputes any invoice
or charge, they must notify Anchor QEA in writing within thirty (30) business days of receipt of the disputed
invoice, and both parties shall work in good faith to resolve the dispute within thirty (30) calendar days. Any
undisputed portion remains due and payable within the original payment terms. Final payment will be made
upon completion of the Scope of Services, receipt of all deliverables, and all project-related documents
required under this AGREEMENT.

B. Financial Adjustment and Overpayment Allocation
In the event of any overpayment, Anchor QEA reserves the right to offset such amounts against any future
payments due from the CLIENT. This right extends beyond the specific agreement or project to any
outstanding obligations the CLIENT may have with Anchor QEA.

C. Payment Default and Remedies
If the CLIENT fails to make payment within the specified timeframe, Anchor QEA may at its sole discretion:
•
•

Suspend ongoing services until full payment is received.

•

Terminate this AGREEMENT for non-payment.

•

Pursue legal action to recover outstanding balances, with CLIENT responsible for necessary
collection and legal costs only in the manner and to the extent permitted under North Carolina law,
including but not limited to the NC Tort Claims Act, and without waiver of CLIENT’S sovereign
immunity.

D. Outstanding Payment Resolutions and Lien Rights
Anchor QEA reserves the right to:

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Standard Service Agreement
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•

Engage a collection agency or initiate legal proceedings to recover unpaid amounts, including
necessary attorneys’ fees and court costs only in the manner and to the extent permitted under
North Carolina law, including but not limited to the NC Tort Claims Act, and without waiver of
CLIENT’S sovereign immunity.

•

Place a lien on the CLIENT’s assets, including project deliverables and real property, in accordance
with applicable lien laws.

E. Legal Compliance and Subpoena Cost Reimbursement
In the event that Anchor QEA is required to respond to a subpoena, deposition, or other legal request
related to the CLIENT’s project, the CLIENT shall reimburse Anchor QEA for all reasonable costs incurred,
including employee time, and other related expenses.

ARTICLE 2: OBLIGATION OF ANCHOR QEA
A. Scope of Work
Anchor QEA shall perform the agreed-upon Scope of Services to the agreed-upon Standard of Care. The
parties agree that Anchor QEA’s scope of work is limited to the services expressly outlined in the attached
Scope of Services Document. Any services not included in the attached Scope of Services document are
expressly excluded.

B. Independent Contractor
Anchor QEA is an independent contractor and will maintain complete control of and responsibility for its
employees, agents, and operations.

C. Lower Tier Subcontracts
Anchor QEA shall not sublet or assign any of the work covered by this AGREEMENT, except with the prior
written approval of the CLIENT and in compliance with the terms, provisions, and conditions of this
AGREEMENT. Anchor QEA will bind all Lower Tier Subconsultants to the provisions of this AGREEMENT.
Neither this AGREEMENT nor any Lower Tier subcontract will create any contractual relationship between
any Lower Tier Subconsultant and the CLIENT nor any liability of the CLIENT to any Lower Tier Subconsultant.

D. Standard of Care
In providing services under this AGREEMENT, Anchor QEA will endeavor to perform in a manner consistent
with that degree of care and skill ordinarily exercised by members of the same profession currently
practicing under similar circumstances in the community.
Anchor QEA warrants that the services will meet the agreed-upon specifications and Standard of Care
but MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

E. Notice of Delay
The time schedule for the performance of services as set forth under this AGREEMENT is based on
Anchor QEA’s anticipation of the orderly and continuous progress of the project. If Anchor QEA is delayed
in the performance of services by conditions beyond its control, Anchor QEA shall notify the CLIENT in

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Standard Service Agreement
Page 3

writing of the cause of delay and the amount of delay anticipated. Such notice shall be delivered to the
CLIENT within five (5) days of the time Anchor QEA is aware of the delay. The CLIENT will not penalize
Anchor QEA, whether financially or otherwise, for any delays beyond its control. Anchor QEA will be entitled
to a reasonable extension of time to perform its scope of work under the AGREEMENT for delays beyond
its control.

F. Insurance
Anchor QEA will maintain throughout this AGREEMENT the following insurance and will submit certificates
verifying such to the CLIENT when requested: Anchor QEA shall cause Client to be listed as an additional
insured on any applicable general liability insurance policy carried by Anchor QEA that is applicable to the
scope of services.
1.

Worker’s compensation insurance as required by the state or province where the work is performed
and Employers Liability insurance as follows:
$1,000,000
$1,000,000
$1,000,000

each accident
each employee
disease aggregate

Commercial automobile liability insurance covering claims for injuries to members of the public
and/or damages to property of others arising from use of motor vehicles, including on-site and
off-site operations, and owned, non-owned, or hired vehicles, with a $1,000,000 combined single
limit.

Commercial general liability insurance covering claims for injuries arising out of any negligent act or
omission of Anchor QEA or of any of its employees, agents, or subconsultants, with $1,000,000 per
occurrence/general aggregate.

Professional liability insurance of $1,000,000, per claim and in the aggregate.

Anchor QEA will give the CLIENT thirty (30) days’ notice of any cancellation of the policies or 10 days’ notice
for cancellation due to non-payment of premiums. CLIENT shall require all other consultants to have similar
or greater coverages and limits.

G. Indemnification
Anchor QEA and the CLIENT mutually agree, to the fullest extent permitted by law, to indemnify and hold
each other harmless from any and all damage, liability, or cost, including reasonable attorneys’ fees and
costs of defense, arising from the indemnitee's own negligent acts, negligent errors, or negligent omissions
in the performance of their services under this AGREEMENT.

H. Consequential Damages
Notwithstanding any other provision of this AGREEMENT, and to the fullest extent permitted by law, neither
the CLIENT nor Anchor QEA, their respective officers, directors, partners, employees, contractors, or
subconsultants shall be liable to the other or shall make any claim for any incidental, indirect, or
consequential damages arising out of or connected in any way to the project or to this AGREEMENT. This
mutual waiver of consequential damages shall include, but is not limited to, loss of use, loss of profit, loss
of business, loss of income, loss of reputation, or any other consequential damages that either party may

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have incurred from any cause of action, including negligence, strict liability, breach of contract, and breach
of strict or implied warranty. Both the CLIENT and Anchor QEA shall require similar waivers of consequential
damages protecting all the entities or persons named herein in all contracts and subcontracts with others
involved in this project.

Permits, Licenses, and Fees

Anchor QEA will obtain and pay for all permits and licenses required by law that are associated with
Anchor QEA’s performance of the Scope of Services and will give all necessary notices.

Access to Records

Anchor QEA will maintain accounting records in accordance with generally accepted accounting principles
and practices to substantiate all invoiced amounts. Said records will be available for examination by the
CLIENT during Anchor QEA’s normal business hours for a period of 3 years after the final invoice to the
extent required to verify the costs incurred hereunder.

K. Ownership
CLIENT retains ownership of all instruments of professional service developed by Anchor QEA under this
AGREEMENT upon full payment of all balances due. Anchor QEA shall not be liable for any reuse or
modification of these work products for purposes not anticipated or agreed to in writing by Anchor QEA
under this AGREEMENT.

L. Equal Employment Opportunity
Anchor QEA, with regard to the work performed by it after approval and/or award and prior to completion
of this contract, shall comply with all applicable provisions of Executive Agreement 11246 of September 24,
1965, as amended, the terms of which are incorporated herein by this reference and made a part of this
AGREEMENT. Anchor QEA will provide equal employment opportunity and adhere to federal, state, and
local laws pertaining thereto. Appropriate action will be taken by Anchor QEA with respect to itself and any
of its subconsultants, vendors, and suppliers to ensure compliance with such laws. All federal, state, and
local equal opportunity and affirmative action requirements with regard to race, gender, creed, color, age,
religion, national origin, disability, or veteran status are incorporated into this AGREEMENT by reference.
Anchor QEA will give all notices, pay all fees, and take all other action that may be necessary to conduct its
business in accordance with all applicable statutes, ordinances, rules, and regulations including, without
limitation, the above stated standards and acts, any statutes regarding qualification to do business, and any
statutes prohibiting discrimination among employees because of race, creed, color, national origin, age, or
sex.

M. Marketing Rights
CLIENT grants Anchor QEA permission to use non-confidential project information, including but not limited
to designs, photographs, and outcomes, in marketing materials such as brochures, websites, and social
media. Anchor QEA shall ensure that any such use respects the confidentiality obligations outlined in this
AGREEMENT.

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N. Attribution and Credit
Anchor QEA reserves the right to attribute project work to itself in promotional materials, including but not
limited to case studies, press releases, and other public communications. CLIENT agrees that such
attributions will not require additional approval unless explicitly requested in writing prior to project
completion.

ARTICLE 3: GENERAL PROVISIONS
A. Waivers
No waiver by either party of any default by the other party in the performance of any provision of this
AGREEMENT will operate as, or be construed as, a waiver of any future default, whether like or different in
character.

B. Force Majeure
Neither party to this AGREEMENT will be liable for any failure or delay in performing its obligations under
this AGREEMENT (except for payment obligations) due to events beyond its reasonable control
(“Force Majeure Events”). Force Majeure Events include, but are not limited to, natural disasters (such as
floods, fires, earthquakes, pandemics, or epidemics), explosions, wars, acts of terrorism, riots or civil unrest,
government actions or orders, embargoes, blockades, national or regional emergencies, labor strikes or
slowdowns, and shortages of power, materials, or transportation.

C. Authorization to Proceed
Execution of the AGREEMENT by the CLIENT will be authorization for Anchor QEA to proceed with the Scope
of Services, unless otherwise provided for in this AGREEMENT.

D. No Third-Party Beneficiaries
This AGREEMENT gives no rights or benefits to anyone other than Anchor QEA and the CLIENT and has no
third-party beneficiaries.

E. Jurisdiction
The laws of the State of North Carolina shall govern the validity, interpretation, performance, and
enforcement of this AGREEMENT, as well as any claims related thereto. The venue for any legal action,
mediation, or arbitration shall be in King County, Washington.

F. Disputes
Any dispute arising under this AGREEMENT may be settled by mediation in the State of North Carolina in
accord with such procedures as may be acceptable to the parties.

G. Severability and Survival
If any provision of this AGREEMENT is determined to be invalid, illegal, or unenforceable by a court of
competent jurisdiction, such determination shall not affect the validity or enforceability of any other
provision. The parties agree that the remaining provisions shall remain in full force and effect as if the
invalid, illegal, or unenforceable provision had never been included in this AGREEMENT.

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To the fullest extent permitted by law, the parties further agree to replace any such invalid, illegal, or
unenforceable provision with a valid and enforceable provision that most closely reflects the original intent
and economic effect of the invalidated provision, upon consent of both parties.
All obligations, rights, warranties, indemnities, confidentiality obligations, and any provisions that by their
nature should survive, including but not limited to those relating to payment, intellectual property, and
indemnification, shall remain in effect beyond the termination, expiration, or completion of services under
this AGREEMENT, regardless of the reason for termination.
Any attempt by either party to challenge or negate the enforceability of this section shall constitute a
material breach of this AGREEMENT.

H. Term and Termination
This AGREEMENT begins on the Effective Date and continues until the services are completed.
Either party may terminate this AGREEMENT immediately by written notice if the other party:
1.

Materially breaches this AGREEMENT and fails to cure the breach within 15 calendar days after
receiving written notice;

Becomes insolvent or unable to pay its debts when due;

Files for bankruptcy or becomes subject to involuntary bankruptcy not dismissed within 30 days;

Is dissolved or liquidated;

Makes a general assignment for the benefit of creditors; or

Has a receiver, trustee, or similar agent appointed over a substantial portion of its assets.

Complete Agreement

This AGREEMENT constitutes the complete and final understanding between the parties. The CLIENT may
adjust the Scope of Services by either adding to or deleting from the services to be performed. If such
adjustment increases or decreases the cost or time required for Anchor QEA’s Scope of Services, adjusting
compensation and/or time will be mutually agreed upon in writing. Additional services provided by
Anchor QEA will be entitled to additional compensation or extension of time only as authorized in writing
by the CLIENT.

Confidentiality

All business records not subject to disclosure or not required to be disclosed pursuant to North Carolina
law, including but not limited to the North Carolina Public Records Act, are deemed confidential when
disclosed by one party to the other.
These obligations shall survive the termination or completion of this AGREEMENT.

K. Change Order
If additional work beyond the original scope or schedule is required, Anchor QEA will submit Change Order
Requests for approval. The CLIENT agrees to compensate Anchor QEA for any such additional work at the
agreed-upon rates. Anchor QEA is not obligated to perform work related to unapproved Change Order
Requests. Change Order Request approvals must be timely and in writing. The CLIENT’s failure to timely
approve a change order in writing relieves Anchor QEA from performing the Change Order Request’s work.

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Anchor QEA will not be held liable for delay damages as a result of the CLIENT’s failure to timely approve a
Change Order Request. Failure to tender payment to Anchor QEA for performances rendered under an
approved Change Order Request shall be considered a material breach of this AGREEMENT.

L. Attachments and Schedules
The attached provisions within Attachment - Federally Required Terms and Conditions, are included solely
to address specific requirements that may apply when this agreement is funded, in whole or in part, by
federal sources. These provisions are intended to supplement the terms of the standard agreement and do
not modify or override its existing terms and conditions.
Nothing in the attached provisions shall alter the parties’ obligations related to indemnification, standard
of care, or any other core terms of the standard agreement. In the absence of federal funding, the attached
provisions shall not apply.
The following attachments and schedules are hereby made a part of this AGREEMENT:
Attachment 1: Scope of Services and Budget
Attachment 2: Federally Required Terms and Conditions

This AGREEMENT represents the entire agreement between the parties, supersedes all prior agreements
and understandings, and may be changed only by written amendment executed by both parties.

Approved for Anchor QEA

Accepted for Town of Black Mountain,

By:

[companySignerSignature_95ohlZf]

[counterpartySignerSignature_d0yfITr]

Name: [companySignerName_b9mLDjn]

Name: [counterpartySignerName_q6jzJVe]

Title:

[companySignerTitle_0vhaJ9D]

Title:

[counterpartySignerTitle_BjK6IMs]

Date:

[companySignerDateField_Xs70SE0]

Date:

[counterpartySignerDateField_xUVgV7F]

Rev: 05/2025

Page 61 of 165

Page 62 of 165

TOWN OF BLACK MOUNTAIN

AGENDA ITEM SUMMARY
SUBMITTER:

Matt Begley, Recovery & Capital MEETING DATE:
Programs Director

AGENDA SECTION: Consent Agenda
TITLE OF ITEM:

DEPARTMENT:

October 12, 2026
Administration

Resolution to Approve Force Account Labor Exemption - Town Roads
Group 1

SUGGESTED MOTION(S):
Motion to approve the resolution as presented.
SUMMARY:
Town staff have proposed that the scope of work outlined for the Town Roads Group 1 project,
recently awarded through the FEMA Public Assistance program, may be completed using inhouse labor and materials. Per NCGS § 143-135, the governing board must approve an
exception to the bidding process for the jurisdiction to use its own officers or employees for
construction or repair work in this manner.

BUDGET IMPACT:
Is this expenditure approved in the current fiscal year budget? N/A
If no, describe how it will be funded. N/A

ATTACHMENTS:
1. R-26-XX_Resolution to Approve a Force Account Exception - Town Roads Group 1

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Council Member ______ made a motion to approve the following resolution. A vote of _-_ in
favor.
A RESOLUTION TO APPROVE THE AUTHORIZATION OF A FORCE ACCOUNT
EXCEPTION FOR THE TOWN ROADS GROUP 1 PROJECT REPAIRS
RESOLUTION NO. R-26-XX
WHEREAS, many Town roads were damaged during Tropical Storm Helene; and
WHEREAS, documented road damages were divided into two FEMA projects based on the
extent of damages; and
WHEREAS, FEMA has now obligated adequate funding to complete the scoping for the Town
Roads Group 1 project; and
WHEREAS, Town staff have assessed that the Town will be able to complete the scope of work
for these roads using in-house labor and expertise; and
WHEREAS, North Carolina General Statute requires Towns to authorize a force account
exception to use their own officers or employees to perform construction or repair work in this
manner to exclude the work from the standard bidding requirements for construction and repair
work per NCGS § 143‑135;

NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF BLACK MOUNTAIN, NORTH CAROLINA, THAT:
1. The Town Council approves the use of a force account exception for the Town Roads
Group 1 project and authorizes the Interim Town Manager, and/or a designee(s) thereof,
to execute any documents necessary to convey this exception to the standard
requirements for public contracting.
2. The Town Council authorizes the Interim Town Manager, and/or a designee(s) thereof, to
execute and file any documents or other items required to implement these changes.

Adopted this 12th day of October, 2026.

_________________________
C. Michael Sobol, Mayor
Attest:
___________________________
Wesley M. Barker, Town Clerk
Resolution No. R-26-XX

Page 1 of 1

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Page 64 of 165

TOWN OF BLACK MOUNTAIN

AGENDA ITEM SUMMARY
SUBMITTER:

Matt Begley, Recovery & Capital MEETING DATE:
Programs Director

AGENDA SECTION: Consent Agenda
TITLE OF ITEM:

DEPARTMENT:

October 12, 2026
Administration

Land of Sky Regional Council Management Contract

SUGGESTED MOTION(S):
Motion to approve the resolution as presented and authorize the Interim Town Manager to
execute the attached contracts.
SUMMARY:
The Town Council will consider a master services agreement and 3 task orders from Land of Sky
Regional Council to perform grant administration services for the town’s SRF, Blueprint, and
StRAP projects.

BUDGET IMPACT:
Is this expenditure approved in the current fiscal year budget? N/A
If no, describe how it will be funded. N/A

ATTACHMENTS:
1. R-26-XX_RESOLUTION AUTHORIZING THE MASTER SERVICES AGREEMENT AND 3 TASK
ORDERS WITH LAND OF SKY REGIONAL COUNCIL FOR GRANT ADMINISTRATION SERVICES
2. Master Service Agreement _ Town of Black Mountain
3. Town of Black Mountain Task Order Authorization _ 001
4. Town of Black Mountain Task Order Authorization _ 002
5. Town of Black Mountain Task Order Authorization _ 003

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Council Member _____ made a motion to approve the following resolution. A vote of _-_ in
favor.
A RESOLUTION AUTHORIZING THE MASTER SERVICES AGREEMENT AND 3
TASK ORDERS WITH LAND OF SKY REGIONAL COUNCIL FOR GRANT
ADMINISTRATION SERVICES
RESOLUTION NO. R-26-XX
WHEREAS, the Town has been awarded grant funding for the State Revolving Fund (SRF),
DEQ Blueprint project, and StRAP project; and
WHEREAS, the Town requires grant management services in order to effectively execute these
project and administrate these funds; and
WHEREAS, Land of Sky Regional Council has submitted to the Town a task order outlining
their proposed scope and cost for grant administration services for these projects;

NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF BLACK MOUNTAIN, NORTH CAROLINA, THAT:
1. The Town Council authorizes the Interim Town Manager, and/or a designee(s) thereof, to
execute the task order with Land of Sky to perform grant administration tasks outlined in
the attached scope of work.
2. The Town Council authorizes the Interim Town Manager, and/or a designee(s) thereof, to
execute and file any related documents required to implement this agreement for
professional services and proceed with the outlined scope of work, as presented.
Adopted this 12th day of October, 2026.

_________________________
C. Michael Sobol, Mayor
Attest:
___________________________
Wesley M. Barker, Town Clerk

Resolution No. R-26-XX

Page 1 of 1

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Page 66 of 165

MASTER SERVICES AGREEMENT
Type of Award:
Sub-Award
X
Purchase of Goods & Service

Contract No:
X New
Modification

LOSRC

Community

Land of Sky Regional Council
339 New Leicester Hwy, Suite 140
Asheville, NC 28806

1. EIN:
561024369
2. UEI:
HS8MVFRAYH57
3. Proposal/Project Title:
Town of Black Mountain Grant
Administration
4. Grant Code:

Town of Black Mountain
160 Midland Ave
Black Mountain NC 28711
Source of Funding:
Prime Sponsor: Federal & State
Federal Aid Number:
CFDA: 66.468 (DWSRF)
Federal Provisions Applicable: Yes
[if marked, Federal Funds clause is included in compliance with 2
CFR Part 200]

5. Vendor #:

7. Invoicing Schedule:
Quarterly (unless otherwise specified in a specific
task order)

6. Funding Information/Period of Performance:
a.
c.
d.
a.

Amount Funded this Action: $155,852.70
Total Funds: $155,852.70
Start Date: 10/1/2026
End Date: 6/30/2029

FISCAL PRE-AUDIT CERTIFICATE: This instrument has been pre-audited in the manner required by the Local Government
Budget and Fiscal Control Act

Signature: ________________________________
Date: __________________________
Finance Officer: Jay Copely

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LOSRC Principal Contact:
Name: Mary Roderick
Phone: 828.251.6622
Email: [email protected]

LOSRC Department Director:
Name: Erica Anderson
Phone: 828.251.7442
Email: [email protected]

Initial: EA

LOSRC Financial Officer:
Name: Mike Blount
Phone: 828.251.6622
Email: [email protected]
Send Invoice to:
Finance Officer
Name: Jay Copely
Phone: (828) 419-9300
Email: [email protected]

Send Payment to:
Accounts Receivable
Land of Sky Regional Council
339 New Leicester Hwy, Suite 140
Asheville, NC 28806

The undersigned hereby certifies further that:
▪
He or she is a duly authorized representative of the Entity named herein;
▪
He or she is authorized to make, and does hereby make, the foregoing certifications on behalf of the Entity; and
▪
He or she understands that any person who knowingly submits a false certification in response to the requirements of
G.S. 143-59.1and -59.2 shall be guilty of a Class I felony

Land of Sky Regional Council

Town of Black Mountain

Signature: _____________________________

Signature: __________________________________

Name: Nathan Ramsey
Title: Executive Director

Name: Richard N. Hicks
Title: Interim Town Manager

Date: _____________________________

Date: ___________________________________

Page 67 of 165

Page 68 of 165

MASTER SERVICES AGREEMENT
between
LAND OF SKY REGIONAL COUNCIL
and
TOWN OF BLACK MOUNTAIN
for Grant Administration Services

THIS AGREEMENT, entered into on the day of ____________________, by and between the Town of
Black Mountain, North Carolina, hereinafter referred to as the “Town,” and Land of Sky Regional
Council, hereinafter referred to as the “Council.”
WITNESSETH that:
WHEREAS, the Town receives and anticipates receiving federal and state grant funding for community
development, infrastructure, economic development, environmental, disaster recovery, water, wastewater,
housing, and public facilities projects; and
WHEREAS, the Town desires to engage the Council to provide grant administration and related
professional services on an as-needed basis; and
WHEREAS, the parties desire to establish a Master Services Agreement whereby specific services may be
authorized through individual Task Orders issued during the term of this Agreement;
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. SCOPE OF WORK
The Council shall provide professional grant administration and related support services as requested by
the Town and authorized through individual Task Orders. Services may include, but are not limited to, the
following:
a) Program Coordination and Communication
Coordinate and communicate with Town staff, funding agencies, regulatory agencies, contractors,
subrecipients, and other project stakeholders regarding all aspects of grant-funded projects and program
requirements.
b) Compliance Management
Review applicable grant agreements, policies, regulations, guidance, procedures, and program
requirements and assist the Town in maintaining compliance with all applicable federal, state, and local
requirements.
c) Documentation and Records Management
Identify, organize, maintain, and assist in the collection of all documentation necessary to support grant
administration, reimbursement requests, monitoring activities, audits, and project closeout.
d) Procurement and Contract Administration Support

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Assist the Town with procurement planning, solicitation development, procurement compliance reviews,
contract administration, and acquisition of goods and services in accordance with applicable funding source
requirements and procurement regulations.
e) Environmental and Regulatory Compliance
Assist with environmental review requirements, historic preservation requirements, permitting coordination,
labor standards compliance, and other regulatory requirements associated with grant-funded projects.
f) Financial Management
Review expenditures, contractor invoices, consultant invoices, and supporting documentation for eligibility,
allowability, allocability, and compliance with grant requirements.
g) Reimbursement and Payment Requests
Prepare, process, and submit reimbursement requests, drawdown requests, payment requests, and
supporting documentation required by funding agencies.
h) Reporting
Prepare and assist with the submission of required progress reports, financial reports, performance reports,
closeout reports, and other grant-related reporting requirements.
i) Monitoring And Audit Support
Provide support for monitoring visits, desk reviews, compliance reviews, inspections, audits, and other
oversight activities conducted by funding agencies or authorized representatives.
j) Project Closeout
Perform grant closeout activities, including final reporting, financial reconciliation, records organization,
resolution of outstanding compliance issues, and completion of all funding agency closeout requirements.
k) Additional Services
Provide other grant administration, project management, compliance, financial management, procurement
support, technical assistance, capacity building, and related professional services as may be requested by
the Town and authorized through a Task Order.
2. TASK ORDERS
This Agreement shall apply to as many grant-funded projects as the Town and Council agree to undertake.
The Town may authorize services under this Agreement through a written Task Order Authorization. [See
Exhibit A under Attachments]
Each Task Order shall include:
a. Project Information;
b. Project Description;
c. Period of Performance;
d. Compensation Method with Not-to-Exceed Amount; and
e. Special Federal or State Requirements.

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Authorization

Upon execution by both parties, each Task Order shall become part of this Agreement and shall be
governed by all terms and conditions herein.
In the event of a conflict between a Task Order and this Agreement, the Task Order shall control only with
respect to the specific project covered by the Task Order.
No work shall commence until the Task Order has been fully executed and written authorization to proceed
has been issued by the Town.
3. LENGTH OF CONTRACT
The Council and Town shall ensure that all services required herein shall be undertaken and completed in
such sequence as to assure expeditious completion of the purposes of this Master Service Agreement
within the timeframe established in Box 6 of the Cover Page.
The Town may extend the Agreement for additional months by written amendment.
Task Orders issued prior to expiration of the Agreement shall remain in effect until completion unless
otherwise terminated.
4. COMPENSATION AND METHOD OF PAYMENT
The Town agrees to reimburse the Council for the agreed upon Project cost upon submission of an invoice
with required supporting documentation. Payment shall be made within thirty (30) days following receipt
and approval of a proper invoice. All payments shall be made pursuant to authorization in this Agreement
and in the resolution or agenda item in which the specific amount for the project was approved.
5. TERMINATION/MODIFICATIONS
The Council or Town may terminate the contract by giving thirty (30) days’ written notice to the other entity
(via email). Furthermore, any amendment to this Agreement or any Task Order shall be made only through
a formal contract amendment executed by both parties.
The Town may immediately terminate this Agreement or any Task Order for cause, including:
a. Material breach of contract;
b. Failure to comply with grant requirements;
c. Fraud or misrepresentation;
d. Failure to maintain required insurance.
6. ASSIGNMENT OF INTERESTS
The Council shall not assign any interest in this Agreement and shall not transfer any interest in the same
whether by assignment or substitution, without the prior written consent of the Town or unless specifically
contained in the Master Service Agreement and/or Task Orders.
7. CHANGES

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The Council or Town may request changes in the scope of services to be performed.
Any mutually agreed changes, including increases or decreases in compensation, shall be incorporated by
written amendment or Task Order modification.
8. RECORDS
The Council shall maintain all financial, procurement, project, and administrative records associated with
this Agreement and each Task Order.
Such records shall be retained during the contract period and for a minimum of five (5) years following final
payment or project closeout, whichever occurs later.
The Town, State of North Carolina, Federal awarding agencies, Inspectors General, and other authorized
governmental representatives shall have access to such records for audit and inspection purposes.
9. APPLICABLE LAWS
This Agreement shall be governed by and construed in accordance with the laws of the State of North
Carolina.
The Council and Town shall comply with all applicable federal, state, and local laws, ordinances,
regulations, executive orders, grant requirements, and administrative guidance applicable to the services
provided under this Agreement.
10. INDEMNIFICATION
To the fullest extent permitted by law, the Council agrees to indemnify, hold harmless, and defend the
Town, its elected officials, officers, employees, and agents against claims, damages, losses, liabilities,
costs, and expenses, including reasonable attorneys’ fees, resulting from any negligent act, error, omission,
or misconduct of the Consultant, its employees, agents, or subcontractors in performing obligations under
this Agreement.
To the fullest extent permitted by law, the Town agrees to indemnify, hold harmless and defend the Council
as well as its directors, officers, employees and agents against all claims for personal injury or property
damage or both, including reasonable attorney's fees and the cost of defense resulting or alleged to result
from any act or omission of the Consultant or its employees or agents in performing or failing to perform
any of its obligations under this Agreement.
11. NONDISCRIMINATION CLAUSE
No person shall be excluded from participation in, denied the benefits of, or otherwise subjected to
discrimination on the basis of race, color, national origin, religion, sex, age, disability, veteran status, or any
other protected classification under any program or activity funded in whole or in part under this Agreement.
12. AGE DISCRIMINATION ACT OF 1975, as amended
No qualified person shall, on the basis of age, be excluded from participation in, denied benefits of, or
otherwise subjected to discrimination under any program or activity receiving federal financial assistance.
13. SECTION 504 OF THE REHABILITATION ACT OF 1973, as amended

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No qualified individual with a disability shall be excluded from participation in, denied benefits of, or
otherwise subjected to discrimination under any program or activity receiving federal financial assistance.
14. E-VERIFY PROVISION
Pursuant to G.S. 143-48.5 and G.S. 147-33.95(g), the undersigned hereby certifies that the Council, and
the Council’s subcontractors, complies with the requirements of Article 2 of Chapter 64 of the NC General
Statutes, including the requirement for each employer with more than 25 employees in North Carolina to
verify the work authorization of its employees through the federal E-Verify system. E-Verify System
Link: www.uscis.gov
15. CONFLICT OF INTEREST
The Council shall disclose any actual or potential conflict of interest and shall comply with all applicable
federal, state, and local conflict-of-interest requirements.
16. OWNERSHIP OF DOCUMENTS
Upon payment, all reports, grant files, reimbursement packages, monitoring responses, closeout
documents, analyses, and project-specific work products prepared for the Town shall become property of
the Town.
The Council shall retain ownership of proprietary systems, templates, methodologies, software, and preexisting intellectual property.
17. FEDERAL FUNDS
The Town shall make all necessary inquiries to correctly identify the source of funding for the Agreement.
When services are funded in whole or in part with federal funds, the Council shall comply with all applicable
provisions of:
• 2 CFR Part 200;
• 2 CFR Part 200 Appendix II;
• Equal Employment Opportunity requirements;
• Davis-Bacon Act;
• Copeland Anti-Kickback Act;
• Contract Work Hours and Safety Standards Act;
• Clean Air Act;
• Federal Water Pollution Control Act;
• Debarment and Suspension requirements;
• Byrd Anti-Lobbying Amendment;
• Procurement of Recovered Materials requirements;

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• Record Retention requirements; and
• Any grant-specific federal requirements imposed by the awarding agency.
18. ATTACHMENTS
The following attachments are incorporated into this Agreement by reference:
Exhibit A – Task Order Authorization Forms
Exhibit B – Byrd Anti-Lobbying Certification
19. FISCAL CONTROL ACT COMPLIANCE
This Agreement is subject to the provisions of the North Carolina Local Government Budget and Fiscal
Control Act.
No obligation shall be incurred by the Town unless the requirements of N.C.G.S. §159-28 have been
satisfied.

END OF THE MASTER SERVICE AGREEMENT

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EXHIBIT A
TASK ORDER AUTHORIZATION
Master Services Agreement for Grant Administration Services
Task Order No.: 001
Date: 10/1/2026
This Task Order is issued pursuant to the Master Services Agreement for Grant Administration Services
(“Agreement”) between the Town of Black Mountain, NC (“Town”) and Land of Sky Regional Council
(“Council”). All terms and conditions of the Agreement are incorporated herein by reference and shall
govern this Task Order.
1. PROJECT INFORMATION
Project Title: SRF Drinking Water Resiliency
Grant Program: DWSRF Helene
Funding Agency: DEQ
Grant Number (if applicable): SRF- D-HEL- 0012
2. PROJECT DESCRIPTION
The Town hereby authorizes the Council to provide grant administration services for the project identified
above in accordance with the Master Services Agreement.
Project Description:
This Task Order authorizes Land of Sky Regional Council (LOSRC) to provide grant administration, project
management, procurement support, financial management, and related professional services to the Town
for the implementation of the following projects:
Project

Not-to-Exceed Amount
(USD)

SRF Drinking Water Resiliency

$80,000.00

Total Not-to-Exceed Amount

$80,000.00

Services may include project coordination; grant and regulatory compliance; procurement and contract
administration support; documentation and records management; review of contractor invoices and
supporting documentation; preparation and submission of reimbursement requests; financial and
performance reporting; coordination with funding agencies, consultants, contractors, and other project
stakeholders; monitoring and audit support; and project closeout activities necessary to ensure compliance
with applicable federal, state, and local requirements.

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3. PERIOD OF PERFORMANCE
Notice to Proceed Date: 10/1/2026
Completion Date: 4/1/2029
4. COMPENSATION
The Council shall be compensated on an actual cost reimbursement basis in accordance with the Master
Services Agreement and the Schedule of Rates (Exhibit B).
The total compensation authorized under this Task Order shall not exceed: $80,000.00
Council shall submit invoices and supporting documentation in accordance with the Master Services
Agreement.
5. AUTHORIZATION
This Task Order is effective upon execution by both parties.
TOWN OF BLACK MOUNTAIN, NC
By: _______________________________________
Name: Richard Hicks
Title: Interim Town Manager
Date: ______________________________________
LOSRC
By: _______________________________________
Name: Nathan Ramsey
Title: Executive Director
Date: ______________________________________
FISCAL PRE-AUDIT CERTIFICATE
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal
Control Act, N.C.G.S. § 159-28.
By:
Finance Officer: Jay Copely
Date: ____________________________________

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EXHIBIT A
TASK ORDER AUTHORIZATION
Master Services Agreement for Grant Administration Services
Task Order No.: 002
Date: 10/1/2026
This Task Order is issued pursuant to the Master Services Agreement for Grant Administration Services
(“Agreement”) between the Town of Black Mountain, NC (“Town”) and Land of Sky Regional Council
(“Council”). All terms and conditions of the Agreement are incorporated herein by reference and shall
govern this Task Order.
1. PROJECT INFORMATION
Project Title: Swannanoa River Floodbench West (Veterans Park)
Grant Program: Flood Resiliency Blueprint
Funding Agency: DEQ
Grant Number (if applicable): 101334-000
2. PROJECT DESCRIPTION
The Town hereby authorizes the Council to provide grant administration services for the project identified
above in accordance with the Master Services Agreement.
Project Description:
This Task Order authorizes Land of Sky Regional Council (LOSRC) to provide grant administration, project
management, procurement support, financial management, and related professional services to the Town
for the implementation of the following projects:
Project
Swannanoa River Floodbench West (Veterans
Park)
Total Not-to-Exceed Amount

Not-to-Exceed Amount
(USD)
$60,000.00
$60,000.00

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3. PERIOD OF PERFORMANCE
Notice to Proceed Date: 10/1/2026
Completion Date: 6/1/2028
4. COMPENSATION
The Council shall be compensated on an actual cost reimbursement basis in accordance with the Master
Services Agreement and the Schedule of Rates (Exhibit B).
The total compensation authorized under this Task Order shall not exceed: $60,000.00
Council shall submit invoices and supporting documentation in accordance with the Master Services
Agreement.
5. AUTHORIZATION
This Task Order is effective upon execution by both parties.
TOWN OF BLACK MOUNTAIN, NC
By: _______________________________________
Name: Richard Hicks
Title: Interim Town Manager
Date: ______________________________________
LOSRC
By: _______________________________________
Name: Nathan Ramsey
Title: Executive Director
Date: ______________________________________
FISCAL PRE-AUDIT CERTIFICATE
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal
Control Act, N.C.G.S. § 159-28.
By:
Finance Officer: Jay Copely
Date: ____________________________________

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EXHIBIT A
TASK ORDER AUTHORIZATION
Master Services Agreement for Grant Administration Services
Task Order No.: 003
Date: 10/1/2026
This Task Order is issued pursuant to the Master Services Agreement for Grant Administration Services
(“Agreement”) between the Town of Black Mountain, NC (“Town”) and Land of Sky Regional Council
(“Council”). All terms and conditions of the Agreement are incorporated herein by reference and shall
govern this Task Order.
1. PROJECT INFORMATION
Project Title: Flat Creek
Grant Program: StRAP
Funding Agency: NCDA
Grant Number (if applicable): 25-008-4008
2. PROJECT DESCRIPTION
The Town hereby authorizes the Council to provide grant administration services for the project identified
above in accordance with the Master Services Agreement.
Project Description:
This Task Order authorizes Land of Sky Regional Council (LOSRC) to provide grant administration, project
management, procurement support, financial management, and related professional services to the Town
for the implementation of the following projects:
Project

Not-to-Exceed Amount
(USD)

Flat Creek StRAP

$15,852.70

Total Not-to-Exceed Amount

$15,852.70

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3. PERIOD OF PERFORMANCE
Notice to Proceed Date: 10/1/2026
Completion Date: 12/31/2027
4. COMPENSATION
The Council shall be compensated on an actual cost reimbursement basis in accordance with the Master
Services Agreement and the Schedule of Rates (Exhibit B).
The total compensation authorized under this Task Order shall not exceed: $15,852.70
Council shall submit invoices and supporting documentation in accordance with the Master Services
Agreement.
5. AUTHORIZATION
This Task Order is effective upon execution by both parties.
TOWN OF BLACK MOUNTAIN, NC
By: _______________________________________
Name: _____________________________________
Title: ______________________________________
Date: ______________________________________
LOSRC
By: _______________________________________
Name: _____________________________________
Title: ______________________________________
Date: ______________________________________
FISCAL PRE-AUDIT CERTIFICATE
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal
Control Act, N.C.G.S. § 159-28.
Finance Officer
Date: ____________________________________

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TOWN OF BLACK MOUNTAIN

AGENDA ITEM SUMMARY
SUBMITTER:

Matt Begley, Recovery & Capital MEETING DATE:
Programs Director

AGENDA SECTION: Consent Agenda
TITLE OF ITEM:

DEPARTMENT:

October 12, 2026
Administration

Resolution to Authorize the Task Order for Downtown Stormwater Design
& Engineering Services

SUGGESTED MOTION(S):
Motion to approve the resolution as presented.
SUMMARY:
Town staff have received the Task Order from the John R. McAdams Company for performing
engineering services on the Downtown Stormwater Project (Phase I) funded through the NC
Department of Commerce SmallBiz program. The included attachment is a copy of the
proposed task order.

BUDGET IMPACT:
Is this expenditure approved in the current fiscal year budget? N/A
If no, describe how it will be funded. N/A

ATTACHMENTS:
1. R-26-XX_Resolution to Authorize the McAdams TO for Downtown Stormwater Project
2. 2026-05-14 TOB25001.15 Proposal - Downtown Stormwater Improvements Phase 1

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Council Member _____ made a motion to approve the following resolution. A vote of _-_ in
favor.
A RESOLUTION AUTHORIZING THE TASK ORDER JOHN R MCADAMS CO FOR
DESIGN & ENGINEERING SERVICES FOR THE DOWNTOWN STORMWATER
PROJECT
RESOLUTION NO. R-26-XX
WHEREAS, the Town applied to the Small Business Infrastructure Grant Program (SmBIZ)
through NC Department of Commerce; and
WHEREAS, the Town was awarded funding from the Small Business Infrastructure Grant
Program in the amount of $1,000,000 for Downtown Stormwater Improvements; and
WHEREAS, John R. McAdams Company, Inc. was selected as the most qualified firm based
on their response to the Town’s request for statements of qualification for the project; and
WHEREAS, John R. McAdams Company, Inc. has submitted to the Town a task order outlining
their proposed scope and cost for design and engineering services for the project; and
WHEREAS, cash flow funds and reimbursements from the NC DEQ Blueprint program will be
recognized in the capital project ordinance for the project entitled “Downtown Stormwater
Project”;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF BLACK MOUNTAIN, NORTH CAROLINA, THAT:
1. The Town Council authorizes the Interim Town Manager, and/or a designee(s) thereof, to
execute the task order with John R. McAdams Company, Inc. to perform engineering and
design tasks outlined in the attached scope of work.
2. The Town Council authorizes the Interim Town Manager, and/or a designee(s) thereof, to
execute and file any related documents required to implement this agreement for
professional services and proceed with the outlined scope of work, as presented.
Adopted this 12th day of October, 2026.

_________________________
C. Michael Sobol, Mayor
Attest:
___________________________
Wesley M. Barker, Town Clerk

Resolution No. R-26-XX

Page 1 of 1

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TOB25001.15

May 14, 2026
Matt Begley, MPA
Town of Black Mountain
160 Midland Avenue
Black Mountain, North Carolina 28711
RE:

Downtown Stormwater Improvements Project – Phase 1
Black Mountain, North Carolina
TOB25001.15

Dear Mr. Begley,
This proposal includes scope and fee summaries for the Downtown Stormwater Improvements Project in Black Mountain,
North Carolina. Outlined below is our understanding of the project and the detailed tasks associated with our overall
project effort.

Project Understanding
Site + Project Description
The Town of Black Mountain is seeking engineering support to address stormwater inlet capacity issues within their
downtown corridor. There is a lack of inlets on Cherry Street, which is causing overland flooding down the street until the
intersection with Sutton Avenue. Additionally, the stormwater infrastructure in the project area is aging and the majority of
the pipes are either Terracotta Clay or Corrugated Metal material. This phase of the project proposes to improve the
existing outfall through upsizing the pipe and upgrading the pipe material of the green highlighted pipes in Figure 1.
Focusing this phase on upgrades to the downstream system will allow the Town flexibility in future phases to increase
capacity of the upstream system along both Cherry and Broadway Street.
The Town has requested a consultant to evaluate existing conditions, develop downstream alternatives, and prepare
construction documents for the necessary improvements. The project area is within an existing Norfolk Southern railway
right-of-way, and there are various prevalent utilities also within the project area. We recognize that coordination with
NCDOT, Norfolk Southern Railroad, and the U.S. Army Corps of Engineers, along with proximity to other utilities,
businesses, and major downtown pedestrian corridors, presents significant technical and logistical challenges. The Town
also requires comprehensive design, bidding assistance, and construction administration support to deliver a successful
project.

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Figure 1: Project Site Location (Green Pipes)

Proposed Scope
McAdams proposes professional engineering services which will include the following elements:
І Project management services throughout the duration of the contract;
І Topographic + Location survey;
І Subsurface Utility Engineering (Level B + Level A);
І Geotechnical Engineering Services;
І Private Utility Coordination;
І NCDOT Coordination;
І Norfolk Southern Railroad Coordination;
І Evaluation of Existing Conditions and Preparation of a Preliminary Engineering Report;
І Construction Document Development and Permitting with the Town of Black Mountain;
І Construction Document Permitting – Outside Agencies (USACE); and
І Bid Phase and Construction Administration Services.

Assumptions
This proposal is based on the following assumptions:
І This project will not require a Sediment and Erosion Control plan approved by NCDEQ (less than 1-ac disturbed
area);
І This project will not be subject to review or permitting requirements of the State Construction Office (SCO), as no
building improvements are proposed;
І A Traffic Impact Analysis (TIA) will not be required;
І All submittal, application, review, and permit fees are to be paid by the Owner;
І No structural services are included in the scope of this agreement;
І Any public notifications will be coordinated through the Town of Black Mountain;

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І Technical Specifications are intended to be based on latest versions from the Engineers Joint Contract Documents
Committee (EJCDC), NCDOT, and / or other preferred documentation provided by the Town of Black Mountain; and
І The project will be designed, permitted, and bid as one (1) package with no separate or early packages.

Proposed Services + Fees
We propose the following services (Alphanumeric task numbers are for internal coding purposes):

Due Diligence + Preliminary Design Phase
A4.10

PROJECT ADMINISTRATION:
FEE:

$17,735

Scope of this work consists of all project coordination involved with general project management and execution,
as well as coordination with the geotechnical engineer, Town of Black Mountain, USACE, NCDOT, Norfolk
Southern, and other general parties as needed. Other pertinent tasks include:
І
І
І
І
І
І
І
A4.20

Project work plan development and kickoff meeting with Town staff;
Initial project due diligence, site visits (1 initial visit) and other data reconnaissance;
Monthly progress meetings;
Attendance at one City Council meeting as needed;
Coordination with USACE, NCDOT, and Norfolk Southern;
Periodic project updates and status reports; and
Coordination with Private Utility entities.

HYDROLOGIC AND HYDRAULIC MODELING:
FEE:

$24,270

Scope of this work consists of hydrologic and hydraulic (H+H) modeling of existing conditions and design
alternatives. This work includes:
І McAdams will use survey data within project limits and supplement with GIS utility information to develop a
hydrologic and hydraulic model of the existing stormwater system within the identified drainage area;
І Existing and design alternative system performance will be documented during typical design storm
recurrence intervals (2-, 10-, 25-, 50-, and 100-year, 24-hour SCS Type II storms);
І The analysis will be modeled using PCSWMM software, with the downstream analysis point being the outfall to
the drainage ditch along Sutton Avenue; and
І Existing and design alternatives will use current zoning densities for hydrologic calculations.

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A4.30

PRELIMINARY ENGINEERING REPORT:
FEE:

$10,410

McAdams will compile results of the existing conditions analysis, alternatives analysis, known site constraints,
and Opinion of Probable Construction Cost (OPCC) into a preliminary engineering report which will include the
following:
І
І
І
І
І
І

Narrative write-up summarizing methods, findings, and recommendations;
Existing conditions hydrologic and hydraulic model results, including drainage area maps;
Up to two (2) Primary Alternatives hydrologic and hydraulic model results;
Up to two (2) conceptual level exhibits of the Primary Alternatives solutions;
Up to two (2) preliminary OPCCs for recommended solutions; and
Discussion of potential construction challenges.

Surveying Services
B2.40

TOPOGRAPHIC + LOCATION SURVEY:
FEE:

$13,000

Conduct a field survey of the site as shown in Figure 2 below. Prepare a Topographic Survey Map in accordance
with North Carolina Minimum Standards for Surveying. Contours will be mapped at 1-foot intervals. Location of
individual trees is not included. Services included are:
І Drainage features survey shall include top of bank shots and channel shots with break lines to accurately
depict drainage features within the survey limits;
І Drives- location, type and width;
І Buildings- location type and size;
І Parking lots- locations and layout;
І Landscape areas, woods lines,
І Signs- location, type and size;
І Pavement Markings;
І Fences- location, type and size; and
І Utilities (valves, manholes, meters and pedestals) - location and type. Locations of underground utilities will
be based on above ground structures and Class B subsurface utility engineering (SUE) (if provided);
І Storm Drainage – location, size (with sizes labeled on each side of inlet), type, top, invert elevations, and inlet
and outlet locations both inside and outside planimetric limits;
І Sanitary Sewer – location, size, type, top, and invert elevations; and
І Water – location of valves, meters, and hydrants.

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Figure 2: Approximate boundary of survey location

B12.30 SUBSURFACE UTILITY (SUE) MARKINGS (LEVEL B):
FEE:

$6,000

Field mark underground utilities approximately within the Sutton Avenue project area using electromagnetic
equipment and mark them with spray paint. Structures that cannot be directly accessed are to be shown to the
extent of available information, including utility maps. No guarantee is made that the underground utilities shown
comprise all such utilities in the area, either in service or abandoned, nor that the underground utilities shown are
in the exact location indicated, although they will be located as accurately as possible from information
available. Physical location of the underground utilities utilizing Subsurface Utility Vacuum Extraction can be
quoted if requested.
B12.35 SUE – LEVEL A (POT HOLING) – TEST HOLES – VACUUM EXCAVATION (OPTIONAL):
FEE:

$9,000

Level A – Test Hole @ $1,500 / Per Hole-location – Up to six (6) locations
Level A SUE – We will perform pot hole investigations at up to six (6) locations to determine information such as
size, depth, and material on critical utilities. All information will be incorporated into test hole forms and provided
to the Client at the conclusion of the project. The number of test holes may be revised at Client’s request upon
the completion of the SUE Level B investigation. Depending on the horizontal spacing of the utilities, certain test
holes may cover multiple utilities in the same hole and reduce the overall number of test holes needed to obtain

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the vertical information needed. Additional charges for test holes over 6’ deep will be $100 / foot. If during the
excavation process, we encounter backfill material that is neither soil nor gravel we will first attempt to move the
test hole to an acceptable location. If unacceptable backfill is encountered again, we will stop all work on that
particular test hole and notify your designated representative of our findings.
Traffic control is not included with this scope, but McAdams can add services on a per day basis as needed for
additional cost.

Design Drawing + Permitting Services
D4.10

CONSTRUCTION DRAWINGS:
FEE:

$45,800

The Engineer shall prepare and submit design packages at the 30%, 70%, and 100% levels. Submittals shall be
provided in PDF format and include construction drawings, traffic control plans during construction, and updated
engineers’ cost estimates.
І 30% (Preliminary Design): Submit initial plan / profile and modeling to establish alignment for review.
І 70% (Draft Final Design): Submit construction plans and supporting documents at sufficient detail for Town,
utility, and agency review.
І 100% (Final Design): Submit sealed and signed plans, quantities, cost estimate, and complete digital design
files (CAD and PDFs) suitable for bidding and construction.
All submittals shall progressively advance design completeness to identify stormwater systems, utility conflicts,
easements, constructability, permitting needs, and project impacts. The task includes review meetings at each
phase and written responses to Town comments. Final approval does not relieve the Engineer of responsibility for
errors or omissions.
D14.10 TRAFFIC CONTROL PLAN:
FEE:

$8,500

McAdams will provide traffic control plans for the proposed design. This will include consideration for vehicle and
pedestrian detours, road closures, and night-time construction as needed. The plans will conform to NCDOT
standards and Manual on Uniform Traffic Control Devices (MUTCD).
E4.10

PERMITTING:
Hourly: $16,300
McAdams will provide permitting services and coordination with the following impacted agencies throughout the
course of the project in order to obtain applicable permits or approvals:
І Town of Black Mountain;
– Development Services;
– Historic Preservation Commission;

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І NCDOT;
І Railroad (Norfolk Southern); and
І USACE.
L4.10

GEOTECHNICAL DESIGN + SUPPORT:
FEE:

$17,250

McAdams’ geotechnical subconsultant, S+ME, Inc. will provide the following scope for geotechnical services to
help determine the subsurface conditions:
І Contact the North Carolina One Call Center (NC 811) to field mark member underground utilities near the soil
test borings (this is required by law). We anticipate McAdams will perform SUE services and will identify private
utilities not marked by NC 811 to us;
І Field layout of soil test boring locations;
І Subcontract a traffic control service to perform a lane closure during our work if drilling cannot be performed
from the parking areas along Sutton Avenue;
І Mobilize a truck-, ATV- or track-mounted drill rig to the site;
І Conduct 2 to 3 soil test borings along the proposed repair area. The borings are planned to be drilled to 15 to 20
feet, or shallower auger refusal;
І Collect 2 bulk samples from the borings;
І Perform laboratory testing on selected soil samples consisting of grain size, moisture content, Atterberg limits,
and standard Proctor tests;
І Attempt to measure groundwater levels at termination of each boring;
І Backfill borings with soil cuttings and install mechanical hole plugs to help reduce borehole settlement;
І Patch the surface of the borings in existing pavement areas with a cold-mix asphalt patch material;
І Prepare an engineering report summarizing our understanding of the project, exploration, subsurface
conditions, analyses, and recommendations. Our report will address and/or include:
– Boring location plan;
– Boring logs;
– Laboratory test data;
– Description of the project background, existing site conditions, and area geology;
– Presence, character, and consistency of existing fill and alluvial soils (if encountered) and residual soils;
– Presence and depth of weathered rock, mass rock, and/or subsurface water in the borings (if encountered);
– General suitability of existing subgrade soils for supporting the proposed storm lines;
– General suitability of on-site soils for use as trench backfill;
– General recommendations for trench backfill placement; and
– General trench bedding / stabilization recommendations for the storm lines.
L4.20

NATIONWIDE / GENERAL CERTIFICATION PERMITTING FOR SURFACE WATER / WETLAND IMPACTS:
FEE:

$5,040

McAdams’ environmental subconsultant, NRC will prepare an Aquatic Resource Report using a data form and
photographs provided by McAdams to obtain a delineation concurrence from the US Army Corps of Engineers,

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which is suitable for permitting purposes. Guidance on avoiding and minimizing impacts, and on reducing
mitigation costs, will be provided throughout the planning process. Once a replacement plan is finalized and
impacts are sufficiently minimized, they will work with McAdams to prepare an application for a Nationwide
Permit from the US Army Corps of Engineers and a Water Quality Certification from the NC Division of Water
Resources.
This application requires assessments of the project’s effect on federally protected species. USFWS’s
Information for Planning and Consultation online tool will be used to identify protected species and habitat that
may be impacted and conduct a regulatory review of the project. NC Natural Heritage Data Explorer will be
consulted to identify occurrences of natural resources located in the project area. NRC will rely on McAdams
personnel to assist with habitat assessment for protected species. This information will be compiled and
included with the application.
E4.15

SITE ASSESSMENT (SURFACE WATER / WETLAND DELINEATION):
FEE:

$1,520

McAdams will conduct detailed delineation of surface waters and wetlands present within the project area. This
will be completed in general accordance with the 1987 Corps of Engineers Wetland Delineation Manual, the
appropriate regional supplement, and the NC Division of Water Resources Methodology for Identification of
Streams. Identified wetlands and streams within the project area will be evaluated using NC Wetland / Stream
Assessment Methods to document the quality of these resources and support site plan permitting. Data forms
and photographs will be sent to NRC to complete Nationwide / General Certification permitting for surface
water / wetland impacts.
Assumptions:
І The Client will be responsible for notification of existing property owners and for assuring access to the site(s);
І Any previously completed environmental reports for the project site area (concurrence documents, Phase 1,
Phase 2, or similar) will be provided by the Client to McAdams if necessary; and
І Specialized protected species surveys, archeological surveys, and specialized cultural resource surveys are
not included in the scope of this Agreement. Should formal surveys become required, additional scope and fee
will be provided at that time based on the identified species.

Bid + Construction Phase Services
H4.10 BID PHASE ASSISTANCE:
FEE:

$17,570

The Engineer shall provide the following bid phase services at the request of the Project Manager, including:
І In general, bid documents will include front ends, bid schedule of prices, general conditions (EJCDC or Townselected format), technical specifications, and any relevant special project provisions for selected stormwater
system replacement and construction drawings suitable for procurement for construction bid estimates from
contractors;

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І Attend and participate in up to one (1) pre-bid meeting. Engineer will help Town PM develop agenda, answer
contractor questions regarding design plans and specifications, take notes and develop meeting minutes, and
attend both in-office and follow-up field meeting at project site;
І Issue up to two (2) addenda; and
І Provide clarifications and information as requested by bidders that may arise after the pre-bid meeting.
H4.20 CONSTRUCTION PHASE ASSISTANCE:
FEE:

By hourly charges in accordance with the attached rate schedule, not to exceed $25,450

Provide limited construction oversight and management services for the duration of the construction contract for
the project, including:
І Attendance at one (1) preconstruction meeting, either onsite, virtually, or at the Town’s offices;
І Provide onsite, part time construction oversight and inspection assistance sufficient to certify that the work is
in conformance with plans and specifications as well as to certify as-built construction documents at the end
of the project. Assumes weekly site visits to observe the quality of construction for a duration of twenty-four
(24) weeks, equating to twenty-four (24) site visits at three (3) hours each, equating to 72-hours total of field
observation time amongst consultant staff;
І Fulfill duties as Client’s Representative per Article 10.01 of the EJCDC C-700 Standard General Contract;
І Review pertinent submittals and shop drawings;
І Assist with change order review, field directives, and RFI responses;
І Assist with review of contractor’s pay applications;
І Participate, as needed, in Construction Progress Meetings; and
І Perform final walkthrough and generate punchlist for Contractor.
This scope assumes no more than six (6) months construction work. Should construction duration change
considerably or be extended due to delays from the construction contractor, the Engineer may request additional
services for any construction administration services and tasks, in accordance with the hourly rate schedule in
effect at the time of the construction work. All additional service requests shall be made in coordination with the
Project Manager.
I4.10

STORM DRAINAGE AS-BUILT CERTIFICATION:
FEE:

$3,560

The Engineer shall prepare the as-built submittal package utilizing the Contract Documents, post construction
record survey, and Construction Contractor’s final Record Documents. The Engineer shall sign and seal the asbuilt plans certifying conformance to the Contract Documentation, approved plans or any approved revisions,
and all applicable permit / checklist requirements. The Engineer shall submit the as-built submittal to the Town in
accordance with any checklist requirements.
І Coordination of an as-built post construction survey with the construction contractor and any impacted
property owners after stormwater conveyance system has been installed and after first lift of asphalt. The as-

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built survey shall be conducted and sealed by a licensed professional land surveyor providing services to the
Engineer; and
І Prior to acceptance and use of the survey, the Engineer shall perform a field review of the survey to verify it is
complete, accurate, and meets the requirements of the project scope and stormwater conveyance as-built
submittal checklist. Engineer will manage the project in a manner so as to be responsive to the needs and
schedule of the Town and the Engineer and assure the quality of the product.

Extra Services
J.

ADDITIONAL SERVICES
When requested by the Client and confirmed by the Client and/or Firm in writing, the Firm shall perform services
in addition to those described above in this Agreement and the Client shall compensate the Firm by hourly
charges in accordance with the attached Rate Schedule.

EXPENSES + REIMBURSABLES
FEE:

Not to exceed $1,500

Valid expenses include reproduction, express delivery services, vehicular transportation at the rate established
by the Internal Revenue Service current at the time the travel occurs, parking fees, permit fees, and postage fees
with an anticipated total hourly not to exceed budget of $1,500. These expenses may be paid by the Town of Black
Mountain in addition to the fees listed above. McAdams shall submit invoices for valid expenses with each
payment request.

Fee Summary
Our proposed fee for the scope of services described herein is $221,405, excluding reimbursables, per the Professional
Services Agreement. Please refer to the attached fee summary for more information.

Project Schedule
The Firm’s services shall be performed as expeditiously as is consistent with professional skill and care and the orderly
progress of the project. The following is the expected schedule for completion of work on this project:
Schedule to be mutually agreed upon between Client and Firm.
The time limits and schedule set forth above have been agreed to by the Client and Firm, but the time limits and schedule
shall be extended for (1) reasonable cause, or for (2) any delays associated with the Firm’s work on the project that are
not the sole responsibility of the Firm.

Client Responsibilities
Client shall be responsible for the following:
І Notification to proceed;
І Timely approval of sketches presented for Client approval;

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І Payment of all application and permit fees;
І Payment of invoices in accordance with Item 1 of Terms and Conditions;
І Notification to Firm of any problems, in accordance with Item 2 of Terms and Conditions.

Exclusions
The following services are not included in this Agreement:
І Off-site utility extensions or roadway improvements (may be quoted if required);
І Structural design of retaining walls, headwalls or stormwater facilities or structures;
І Traffic Impact Analysis;
І Color graphics for meetings or marketing purposes (will be quoted if required);
І Permit application, plans review or re-review fees;
І Detailed landscape, hardscape, irrigation or lighting design (can be quoted separately);
І Revised directives from Client after design has begun;
І Acquisition of easements; preparation of off-site easements;
І Flood studies for FEMA;
І Court appearances for litigation, or preparation for same;
І Any costs incurred by Client or Contractor due to changes required by the approving authority or their inspectors
after construction drawings have been approved.

General Conditions
І The conditions set forth within the Professional Services Agreement dated January 4, 2024 shall apply to this
Agreement.
І This proposal is valid for 30 days from the above date.
І Reimbursable expenses will be billed in accordance with the attached Rate Schedule.
І Client is responsible for all application and permit fees.

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Conclusion
We appreciate this opportunity to propose our services. We are eager to pursue this project further and thank you for your
consideration.
Sincerely,
McAdams

Daniel Chewning, PE, CFM | Project Manager, Water Resources
[email protected] | 919. 361. 5000
DC/lf

Acceptance
By:

Date:

Name:
Title:

Accounting Information
Billing Contact:
Billing Contact Email Address:
Billing Contact Phone Number:
Billing Address:

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Fee Schedule
Downtown Stormwater Conveyance Phase 1 / Town of Black Mountain
Date

14-May-26

Project #

TOB25001.15

Task ID

Description

A4.10

Fee

Fee Basis

Project Administration

$17,735

Fixed Fee

A4.20

Hydrologic and Hydraulic Modeling

$24,270

Fixed Fee

A4.30

Preliminary Engineering Report

$10,410

Fixed Fee

B2.40

Topographic and Location Survey

$13,000

Fixed Fee

B12.30

Subsurface Utility (SUE) Markings (Level B)

$6,000

Fixed Fee

B12.35

SUE - Level A (Pot Holing) - Test Holes - Vacuum Excavation

$9,000

Fixed Fee

D4.10

Construction Drawings

$45,800

Fixed Fee

D14.10

Traffic Control Plan + Sequencing

$8,500

Fixed Fee

E4.10

Permitting

$16,300

Hourly Fee

L4.10

Geotechnical Design + Support

$17,250

Fixed Fee

L4.20

Nationwide/General Certification Permitting for Surface Water/Wetland Impacts

$5,040

Fixed Fee

E4.15

Site Assessment (Surface Water/Wetland Delineation)

$1,520

Fixed Fee

H4.10

Bid Phase Assistance

$17,570

Fixed Fee

H4.20

Construction Phase Assistance

$25,450

Hourly NTE Fee

I4.10

Storm Drainage As-Built Certification

$3,560

Fixed Fee

Site Construction Drawing + Permitting Phase TOTAL
Current Contract Total

$221,405
$221,405

Running Contract Total

$221,405

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Hourly Rate Schedule / 2026
1. SPECIFICATIONS FOR CONTRACT BY HOURLY CHARGE, THE FOLLOWING RATES APPLY

Role

Rate

General Counsel
Chairman / President / Vice President
Advisor
Director / Group Manager / Practice Lead
Technical Manager
Project Manager
Assistant Project Manager
Landscape Architect
Planner
Project Engineer
GIS Staff
CAD Tech
Graphics + Visualization
Designer / Analyst / Design Tech
Intern
Administrative Services
Construction Administrator / Observer
Survey Technician
2 Man Survey Crew
3 Man Survey Crew
UAS LiDAR Crew
SUE Crew Member

$450 /hour
$300 - 450 /hour
$260 - 325 /hour
$145 - 300 /hour
$135 - 255 /hour
$130 - 275 /hour
$110 - 180 /hour
$155 - 215 /hour
$105 - 200 /hour
$145 - 185 /hour
$140 - 175 /hour
$100 - 145 /hour
$140 - 150 /hour
$105 - 180 /hour
$60 - 115 /hour
$85 - 145 /hour
$120 - 230 /hour
$105 - 125 /hour
$165 - 185 /hour
$185 - 210 /hour
$305 /hour
$90 - 130 /hour

Hourly services are recorded and rounded to the nearest 1/4 hour.
2. THE FOLLOWING CHARGES APPLY ON ALL CONTRACTS, FOR COPIES OF PLANS AND SPECIFICATIONS SENT OUT OF THE
ENGINEER’S OFFICE (TO CLIENT, CITY REGULATORY AGENCIES, BIDDERS, CONTRACTOR, OTHER CONSULTANTS, ETC.)

Item

Fee

Item

Fee

Item

Fee

Oversize + Color Rep.
Paper Reproductions

$3.60 /each
$2.40 /each

Specifications
Oversize Mylar Sepia

$0.12 /each
$24.00 /each

Mylar Sepia
Paper Sepia

$18.00 /each
$6.00 /each

3. THE FOLLOWING RATES ARE CHARGED IN ADDITION TO THE ABOVE FEES

Item

Fee

Fees Paid for Permits and Applications
Outside Photocopying, Travel, Overnight Delivery, Postage for Mass Mailings
Subcontractor Invoices

Cost Plus 10%
Cost Plus 10%
Cost Plus 12.5%

4. FEES ARE SUBJECT TO ADJUSTMENT AT THE BEGINNING OF EACH CALENDAR YEAR.
5. PROJECTS ARE BILLED ON A MONTHLY BASIS AND INVOICES ARE DUE UPON RECEIPT. INVOICES WHICH HAVE BEEN NOT
BEEN PAID WITHIN 30 DAYS ARE PAST DUE AND SUBJECT TO FINANCE CHARGES OF 1.5% PER MONTH.

Client’s Initials

Date

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TOWN OF BLACK MOUNTAIN

AGENDA ITEM SUMMARY
SUBMITTER:

Jacob Guiot, Recreation & Parks
Director

AGENDA SECTION: Consent Agenda
TITLE OF ITEM:

MEETING DATE:

October 12, 2026

DEPARTMENT:

Recreation & Parks

Consideration of FY26-27 Budget Ordinance Amendment to Appropriate
Remaining Community Foundation of Western North Carolina Emergency
Disaster Relief Fund Grant Funds

SUGGESTED MOTION(S):
Motion to adopt the budget ordinance amendment as presented.
SUMMARY:
The Recreation & Parks Department requests adoption of a budget ordinance amendment to
appropriate remaining funds from the Community Foundation of Western North Carolina
Emergency Disaster Relief Fund grant for use in FY 2026–2027. The grant was awarded and
received in FY 2025–2026 for the project entitled "Recreation and Parks: Restoring and
Strengthening the Dr. John Wilson Community Garden Post-Helene", with an original total of
$50,000.00. Council approved this grant award fund ordinance at the June 9, 2025
meeting, Ordinance No: O-25-14. (Award letter attached)
Of that $50,000 awarded, $32,870.25 was used in FY 2025 - 2026, leaving an unexpended
balance of $17,129.75 on June 30, 2026. The remaining grant funds were not carried forward
into the FY 2026-2027 budget and must be appropriated for continued use of the funds for the
approved project.

BUDGET IMPACT:
Is this expenditure approved in the current fiscal year budget? No.
If no, describe how it will be funded. Adoption of the attached Budget Ordinance Amendment
for FY26-27.

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ATTACHMENTS:
1. O-26-XX_Budget Ordinance Amendment_Recognizing Remaining CFWNC Emergency
Disaster Relief Grant Funds in FY26-27 Budget
2. CFWNC Award Letter 05.28.25

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Council Member ________ made a motion to adopt the following ordinance. A vote of ____.
TOWN OF BLACK MOUNTAIN
AN ORDINANCE AMENDING THE FY 2026–2027 BUDGET ORDINANCE
TO APPROPRIATE REMAINING COMMUNITY FOUNDATION OF WESTERN
NORTH CAROLINA EMERGENCY DISASTER RELIEF FUND GRANT FUNDS
ORDINANCE NO. # O-26-XX
WHEREAS, the Town of Black Mountain was awarded a $50,000.00 grant from the
Community Foundation of Western North Carolina Emergency Disaster Relief Fund for the
project entitled “Recreation and Parks: Restoring and Strengthening the Dr. John Wilson
Community Garden Post-Helene”; and
WHEREAS, the Town Council approved the grant award and associated budget ordinance,
Ordinance No. O-25-14, at its June 9, 2025 meeting; and
WHEREAS, during FY 2025–2026, $32,870.25 of the grant funds were expended for the
approved project, leaving an unexpended balance of $17,129.75 as of June 30, 2026; and
WHEREAS, the remaining grant funds were not carried forward into the FY 2026–2027 budget
and must be appropriated to allow the Recreation and Parks Department to continue use of the
funds for the approved project; and
WHEREAS, it is necessary to amend the FY 2026–2027 Budget Ordinance to recognize and
appropriate the remaining grant funds.
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Black
Mountain, North Carolina, that the FY 2026–2027 Budget Ordinance is hereby amended as
follows:
Account Number
Account Description
260-8807-48900 Fund Balance Appropriation
260-8807-57210 Capital Outlay Land Improvements

Increase
$17,129.75
$17,129.75

Decrease

BE IT FURTHER ORDAINED, that copies of this budget ordinance amendment will be
furnished to the Town Clerk, Budget Officer and Finance Director, and that the Budget Officers
and/or Finance Director are hereby authorized to make the necessary budgetary entries and
amendments to implement this ordinance.
ADOPTED, this the 12th day of October, 2026.
___________________________
C. Michael Sobol, Mayor
ATTEST: _________________________
Wesley M. Barker, Town Clerk

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TOWN OF BLACK MOUNTAIN

AGENDA ITEM SUMMARY
SUBMITTER:

Jacob Guiot, Recreation & Parks
Director

AGENDA SECTION: Consent Agenda
TITLE OF ITEM:

MEETING DATE:

October 12, 2026

DEPARTMENT:

Recreation & Parks

Consideration of FY26-27 Budget Ordinance Amendment to Appropriate
the Remaining Swannanoa Valley Medical Center and Ernie Dewick
Endowment Fund Grants

BUDGET IMPACT:
Is this expenditure approved in the current fiscal year budget? No.
If no, describe how it will be funded. Budget Ordinance Amendment for FY26-27

ATTACHMENTS:
1. O-26-XX_Budget Ordinance Amendment_Recognizing SVMC and Ernie Dewick Endowment
Fund Grant Funds in FY26-27 Budget

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Council Member ________ made a motion to adopt the following ordinance. A vote of ____.
TOWN OF BLACK MOUNTAIN
AN ORDINANCE AMENDING THE FISCAL YEAR 2026–2027 BUDGET ORDINANCE
TO APPROPRIATE THE REMAINING SWANNANOA VALLEY MEDICAL CENTER
AND ERNIE DEWICK ENDOWMENT FUND GRANT FUNDS
ORDINANCE NO. # O-26-XX
WHEREAS, the Town of Black Mountain Recreation & Parks Department was awarded a grant
from the Swannanoa Valley Medical Center and Ernie Dewick Endowment Fund in the amount
of $20,000.00 during Fiscal Year 2025–2026; and
WHEREAS, $10,500.00 of the grant award was expended during Fiscal Year 2025–2026,
leaving an unexpended balance of $9,500.00 as of June 30, 2026; and
WHEREAS, the remaining grant funds were not carried forward into the FY 2026–2027 budget
and must be appropriated to allow the Recreation and Parks Department to continue use of the
funds for the approved project; and
WHEREAS, it is necessary to amend the FY 2026–2027 Budget Ordinance to recognize and
appropriate the remaining grant funds.
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Black
Mountain, North Carolina, that the Fiscal Year 2026–2027 Budget Ordinance is hereby amended
as follows:
Account Number
Account Description
Increase
100-0000-48900 Fund Balance Appropriation
$9,500.00
100-4700-55029 Non-Governmental Grant Operating Expenses $9,500.00

Decrease

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TOWN OF BLACK MOUNTAIN

AGENDA ITEM SUMMARY
SUBMITTER:

Michelle Kennedy, Planning
Director

AGENDA SECTION: Public Hearing

TITLE OF ITEM:

MEETING DATE:

October 12, 2026

DEPARTMENT:

Planning &
Development
Services

Public Hearing for Text Amendments to Chapter 6 Animals, Section 6-6
Public Nuisance, and Section 6-19 Civil Penalty to add language regarding
bears

SUGGESTED MOTION(S):
I move to approve the proposed amendments to Chapter 6 Animals, Section 6-6 Public
Nusiance and Section 6-19 Civil Penalty as presented.
SUMMARY:
The BearWise Advisory Group has drafted language to add the feeding of bears as a public
nuisance and to add language about feeding birds that constitutes an attractant to civil
penalties.

BUDGET IMPACT:
Is this expenditure approved in the current fiscal year budget?
If no, describe how it will be funded.

ATTACHMENTS:
1. 26_10_12_bear_wise_amendments_staff_report
2. 26_10_12_ORDINANCE_ANIMALS_BEAR_WISE

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TOWN OF BLACK MOUNTAIN
STAFF REPORT
For October 12, 2026, Public Hearing
REQUEST
Applicant:
Planning and Development staff are suggesting this text amendment.
Proposal:
Revise wording in two locations in Chapter 6 (Animals) of the Code of Ordinances in alignment with
the standards of the BearWise® program.
Affected Ordinance Sections:
Section 6-6 (Public Nuisance) and Section 6-19 (Civil Penalty) of Chapter 6 (Animals) of the Code of
Ordinances.
DETAILS OF PROPOSAL
The following is a summary of proposed amendments:
The Town’s BearWise Advisory Group worked with Planning and Development and Sanitation staff to
prepare the proposed amendments. Among the goals of the advisory group is to make real the following
statement on the Town’s Help Kee Bears Wild/Be BearWise! webpage:
The Town of Black Mountain partners with NC Wildlife Resources Commission and
BearWise® to provide helpful information to our residents and visitors about living
responsibly alongside black bears in our community. Whether you are at home or
exploring the outdoors, there are helpful tips to keep you safe and to prevent
unnecessary encounters, or visits by the ever-curious black bears.
One of the members of the advisory group is a staffperson with the NC Wildlife Resources
Commission, who advised that one of the two main requirements for the Town to achieve the status of
being a BearWise® community is to revise public nuisance and penalty language in alignment with
BearWise® standards.
The amendment to Section 6-6 (Public Nuisance) clarifies aspects of nuisances that exist in the context
of threats to public health, to property, and to wildlife. The amendment also makes clear that
maintaining a bird feeder or otherwise feeding birds is not prohibited. Rather, a violation exists only
when such activity constitutes a demonstrated attractant of wildlife (such as bears). Also of note with
the amendment: adding a definition of danger.
The amendment to Section 6-19 (Civil Penalty) clarifies procedures for issuance of a notice. And it adds
relevant violating situations to item (c), which is the item that details Level I, Level II, and Level III
violations.
• To Level 1 is added: Feeding birds in a manner that constitutes an attractant and that is
taking place subsequent to an order by the animal control officer or law enforcement
officer to cease said activity.

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•

To Level III is added: Attracting of animals which threaten the public health, safety and
welfare.

The City of Asheville and Buncombe County have amended their ordinances in such a manner.
From the NC Wildlife Resources Commission website:
BearWise® is an Association of Fish & Wildlife Agencies program that provides
consistent, science-based information for coexisting with black bears. It’s goal to help
people, nationwide, live responsibly with black bears. Black bears are found across
North Carolina, making BearWise® a resource applicable statewide, from the
mountains, through the piedmont region and coastal plain.
From the BearWise website:
BearWise® was developed by state agency bear biologists who wanted to make sure
that no matter where people lived, played or traveled, they got the same consistent
message about coexisting with bears. Today BearWise® is managed by a team of
North American bear biologists and communications professionals, and is a program of
the Association of Fish and Wildlife Agencies.
ANALYSIS
CONSISTENCY WITH ADOPTED POLICY GUIDANCE:
The proposed amendments are consistent with the fact that the Town “partners with NC Wildlife
Resources Commission and BearWise to provide helpful information to our residents and visitors about
living responsibly alongside black bears in our community.” (from the Town’s Help Keep Bears
Wild/Be BearWise! webpage)
In Elevate Black Mountain, the Town’s comprehensive plan, wildlife habitat is called out as something
needing to be protected from negative impacts from development:
Development will be designed to reduce potentially negative impacts on environmental
features such as stream corridors, slopes, important viewsheds, wetlands, and wildlife
habitat.
(Principle 8 in Black Mountain Development Principles)
REASONABLENESS/PUBLIC INTEREST:
It is reasonable and in the public interest for the Town to continue to work to achieve the status of being
a BearWise® community, including strengthening Chapter 6 (Animals) to improve public health,
property safety, and wildlife protection and health, in the context of all wildlife, including bears.
RECOMMENDATION
Staff recommends that Planning Board recommend to Council that Chapter 6 (Animals) be amended so
as to make the chapter align with BearWise® program standards, specifically by updating the public
nuisance and civil penalty sections.

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REPORT PREPARATION
This report was prepared by Planning Department staff member Russell Cate, Planner/Zoning
Administrator, and reviewed by Michelle Kennedy, Planning Director.

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ORDINANCE #
AN ORDINANCE TO AMEND CHAPTER 6, ANIMALS, SECTION 6-6, PUBLIC
NUISANCE, AND SECTION 6-19, CIVIL PENALTY
WHEREAS, the Black Mountain Code of Ordinances was adopted by the Town
Council on the 13th day of December 1993, and the Black Mountain Land Use Code
was adopted by the Town Council on the 11th day of January 2010; and
NOW, THEREFORE, BE IT RESOLVED THAT Chapter 6, Animals, Section 6-6,
Public Nuisance, and Section 6-19, Civil Penalty, be amended to the following:
Chapter 6 – Animals
Sec.6-6. Public nuisance.
The keeping of any animal in such manner or in such numbers as to constitute a
public nuisance is hereby prohibited. For the purposes of this section, a public nuisance
shall will include, but not be limited to, the following:
(1) Unsightly litter, foul or offensive odors of any animal which remains upon or
emanate from the property of the owner of such animal.
(2) The keeping of any animal which frequently is at large.
(3) The keeping, possession or harboring of any animal which is dangerous to
persons or property. The keeping, possession, harboring, feeding, or
attracting of animals, wild, feral or domesticated, which threaten the public
health, safety and welfare of the community in a manner including, but not
limited to, attracting the presence of bears or wild animals that creates a
danger to huma, wildlife, or domestic animals, or causes damage to other
properties; provided, that nothing herein will be construed to prohibit
keeping or maintaining a bird feeder, or from feeding birds, unless said
activity constitutes an attractant and unless its cessation is ordered by the
animal control officer or a law enforcement officer, pursuant to this
chapter.
a. For the purpose of this section, danger shall will mean the potential for
human injury or death, the potential for increased risk of disease
transmission between animal species and humans, or the increased
potential for death or injury to the bears, livestock or companion animals.
(4) The keeping of a cage or pen constructed and used for the purpose of restraining
animals within ten feet of the outer limits of the lot upon which the cage or pen is
situated; provided, however, that this setback requirement shall will not be
applicable where the placing of the cage or pens within the ten-foot area does

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not result in locating the cage or pen within 50 feet of the nearest household
occupied by persons other than the owner or keeper of the cage or pen. This
subsection shall will not apply to the fencing of all or a major portion of a lot.
(5) Allowing or permitting an animal to damage the property of anyone other than its
owner, including, but not limited to, turning over garbage containers, damaging
gardens, flowers, or vegetables, or defecating upon the property of another.
(6) Maintaining animals in an unsanitary environment which results in offensive
odors, or a failure to maintain a condition of good order and cleanliness which
reduces the probability of transmission of disease.
(7) Maintaining animals in such a manner and location that animal waste can
accumulate and run off onto another’s property or stream.
(8) Maintaining the owner’s property in a manner that is offensive, annoying or
dangerous to the public health, safety, or welfare of the community because of
the number, type, variety, density or location of the animals on the property.
(9) Maintaining an animal that is diseased and dangerous to the public health
through transmission of a zoonotic disease.
(10)
Failing to confine a female dog or cat while in heat in a secure enclosure
in such a manner that will prevent the animal from coming into contact with a
male if its species or attract other animals; provided, however, that this section
shall will not be construed to prohibit the intentional breeding of animals within a
securely enclosed area on the premises of the owner of the animal which is
being bred.
Sec. 6-19. Civil Penalty
(a) Except as otherwise provided herein, any person who violates any provision of
this chapter shall will be subject to a civil penalty for each level of violation in
accordance with subsection (c) of this section. Fines shall will be established by
the county board of commissioners based on the nature of the violation and
number of repeat offences. If the violation is continued, each day’s violation shall
will constate a separate offense. For the purposes of this section, repeat
violations occur where the agency has issued a fine for the same offense within a
24-month period. Nothing in this section shall will prevent agency
representatives from issuing warning violations.
(b) The animal owner or keeper shall will be issued a written notice of violation and
penalty and shall will be required to make payments to the animal shelter cease
the violating condition and make payment within ten days of receipt of notice.
Notice of the civil penalty and violation shall will be delivered in person to the
violator or mailed by certified mail, return-receipt requested, to the violator’s last

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known address. If the applicable civil penalty is not paid within the period
prescribed, a civil action may be commenced to recover the penalty and costs
associated with the collection of the penalty.
(c) The severity of violations of the provisions of this chapter shall will be as follows:
(1) Violation of the following shall will constitute a level I violation:
a. Section 6-5(c)(1), “Animal bite.”
b. Section 6-6(1), “Unsightly litter, foul or offensive odors.”
c. Section 6-6(3), “Feeding birds in a manner that constitutes an
attractant and that is taking place subsequent to an order by the
animal control officer or a law enforcement officer to cease said
activity.”
c. d. Section 6-6 (4), “Keeping a cage too close to the property line.”
d. e. Section 6-6(5), “Animal causing property damage.”
e. f. Section 6-6(6), “Maintaining animals in an unsanitary environment.”
f. g. Section 6-6(7), “Maintaining animal wastes.”
g. h. Section 6-11, “Failure to dispose of a dead animal.”
h. i. Section 6-15, “Animal at large.”
(2) Violation of the following shall will constitute a level II violation:
a. Section 6-6(2), “Animal frequently at large.”
b. Section 6-6(10), “Failure to confine a dog in heat.”
c. Section 6-7(a), “Failure to provide care of an animal.”
d. Section 6-7(e), (f), “Unsafe transport of animal.”
e. Section 6-7(g), “Unsafe confinement of an animal in a vehicle.”
f. Section 6-7(h), “Intentionally striking an animal with a motor vehicle.”
g. Section 6-7(i), “Failure to report striking an animal with a motor vehicle.”
h. Section 6-7(k), “Giving away an animal as an inducement/contest prize.”
i. Section 6-7(l), “Bird sanctuaries.”
j. Section 6-7(m), “Distribution of unweaned cats and dogs prohibited.”
k. Section 6-7(n), “Distribution of underage fowl prohibited.”
l. Section 6-7(o), “Dyeing of animals prohibited.”
m. Section 6-14, “Prohibition against giveaways in public places.”
(3) Violation of the following shall will constitute a level III violation:
a. Section 6-4(b), “Interference with an animal control officer.”
b. Section 6-4(c), “Concealment of an animal.”
c. Section 6-5(a), “Vaccination of dogs and cats required; vaccination of
other pets.”
d. Section 6-5(b), “Vaccination tag and other certification.”
e. Section 6-6(3), “Keeping of a dangerous animal.”

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f. Section 6-6(3), “Attracting of animals which threaten the public
health, safety and welfare.”
f. g. Section 6-6(8), “Maintaining property in an offensive, annoying or
dangerous manner.”
g. h. Section 6-6(9), “Maintaining diseased animals.”
h. i. Section 6-7(b), “Cruelty to animals.”
i. j. Section 6-7(c), “Promoting animal cruelty.”
j. k. Section 6-7(d), “Abandoning an animal.”
k. l. Section 6-7(j), “Animal used for unnatural behavior.”
l. m. Section 6-10, “Keeping a wild animal.”
m. n. Section 6-12, “Unaltered animal permit required.”
n. o. Section 6-16(d), “Failure to comply with a dangerous dog order.”
READ, APPROVED AND ADOPTED, by a vote of _____ to _____ on this the 12th day
of October 2026.
_______________________________________
C. Michael Sobol, Mayor
ATTEST:
________________________________________
Wesley M. Barker, Town Clerk

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TOWN OF BLACK MOUNTAIN

AGENDA ITEM SUMMARY
SUBMITTER:

Anne Phillip, Stormwater
Technician & Floodplain
Administrator

AGENDA SECTION: Unfinished Business
TITLE OF ITEM:

MEETING DATE:

October 12, 2026

DEPARTMENT:

Stormwater

Continued Public Hearing to Amend Chapter 8, Land Development and
Environmental Regulations, Section 8.2, The Phase II Stormwater
Ordinance and Chapter 20, Environment, Article X, Illicit Discharge

SUGGESTED MOTION(S):
I move that we approve the proposed amendments to Chapter 8, Land Development and
Environmental Regulations, Section 8.2, The Phase II Stormwater Ordinance and Chapter 20,
Environment, Article X, Illicit Discharge as presented and the proposed amendments are
consistent with the comprehensive plan and are reasonable and in the public interest because
they promote environmentally-sensitive and sustainable practices, promote natural approaches
to address stormwater, and promote the public health, safety and welfare of the town.
SUMMARY:
Staff compared the current ordinance to the model ordinance and have proposed amendments
that will make the ordinance easier to understand and follow. Additional definitions have been
added and the illicit discharge section will move from the Environment Chapter of the Code of
Ordinances to the Phase II Stormwater Ordinance. The Planning Board reviewed the proposed
amendments at their July 27th, 2026 meeting, and recommended the proposed amendments
be approved. Changes were made to the illicit discharge ordinance to add its own violation and
remedies section. Town Council continued the public hearing held on September 14th, 2026
until October 12th to provide time for more public comment before taking action on this item.

BUDGET IMPACT:
Is this expenditure approved in the current fiscal year budget? n/a
If no, describe how it will be funded. n/a

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ATTACHMENTS:
1. 26_09_14_ORDINANCE_PHASE_II_STORMWATER

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ORDINANCE #
AN ORDINANCE TO AMEND CHAPTER 8 LAND DEVELOPMENT AND
ENVIRONMENTAL REGULATIONS, SECTION 8.2, THE PHASE II STORMWATER
ORDINANCE AND CHAPTER 20 ENVIRONMENT, ARTICLE X, ILLICIT DISCHARGE
WHEREAS, the Black Mountain Code of Ordinances was adopted by the Town Council
on the 13th day of December 1993, and the Black Mountain Land Use Code was
adopted by the Town Council on the 11th day of January 2010; and
WHEREAS, the Town of Black Mountain Planning Board is charged with reviewing and
updating land use planning, zoning, and subdivision regulations; and
WHEREAS, the Planning Board made a commitment to the Town Council to review the
text of the Land Use Code in the years since its adoption to address any residual
inconsistencies in the text and to look for opportunities to clarify or improve text; and
WHEREAS, upon recommendation of the Planning Board, the following text
amendments are consistent with the comprehensive plan and reasonable and in the
public interest because they promote environmentally-sensitive and sustainable
practices, natural approaches to address stormwater, public health, safety and welfare;
and
WHEREAS, the Town of Black Mountain has the authority, pursuant to Article 7 of
Chapter 160D of the North Carolina General Statutes, to adopt land development
regulations, clarify such regulations, and may amend regulations from time to time in the
interest of public health, safety and welfare; and
WHEREAS, the Town Council finds that the text amendments are consistent with the
comprehensive plan and are reasonable and in the public interest because of the
following findings:
•
•
•

Promotes environmentally-sensitive and sustainable practices
Promotes natural approaches to address stormwater
Promotes public health, safety and welfare

WHEREAS, after notice duly given, a public hearing was held on September 14, 2026,
as part of the regularly scheduled Town Council meeting at 6:00 p.m. in the Council
Room of Town Hall, 160 Midland Avenue.
NOW, THEREFORE BE IT RESOLVED that Chapter 8 Land Development and
Environmental Regulations, Section 8.2, The Phase II Stormwater Ordinance, of the
Town of Black Mountain Land Use Code and Chapter 20 Environment, Article X, Illicit
Discharge, of the Town of Black Mountain Code of Ordinances, be amended with the
following (additions are underlined in bold and deletions are shown in red struck text):
CHAPTER 8 – LAND DEVELOPMENT AND ENVIRONMENTAL REGULATIONS

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SECTION 8.2 THE PHASE II STORMWATER ORDINANCE
8.2.1 Title.
This ordinance will be officially known as “the stormwater ordinance”. It is
referred to herein as “this ordinance”.
8.2.2 Authority.
The Town Council is authorized to adopt this ordinance pursuant to North
Carolina law, including but not limited to Article 14, Section 5 of the Constitution
of North Carolina; Town of Black Mountain; NCGS 143-214.7 and rules
promulgated by the Environmental Management Commission thereunder;
Session Law 2004-163; NCGS 160A-174, and NCGS 160D-185. This article is also
authorized by NCGS 160D-925, stormwater control.
8.2.3 Findings.
It is hereby determined that:
(1)

Development and redevelopment alter the hydrologic response of
local watersheds and increase stormwater runoff rates and volumes,
flooding, soil erosion, stream channel erosion, nonpoint and point
source pollution, and sediment transport and deposition, as well as
reducing groundwater discharge;

(2)

These changes in stormwater runoff contribute to increased
quantities of water-borne pollutants and alterations in hydrology that
are harmful to public health and safety as well as to the natural
environment; and

(3)

These effects can be managed and minimized by applying proper
design and well-planned controls to manage stormwater runoff from
development sites.

Further, the Federal Water Pollution Control Act of 1972 (“Clean Water
Act”) and Federal Phase II Stormwater rules promulgated under it, as well as
rules of the state environmental management commission promulgated in
response to Federal Phase II requirements, compel certain urbanized areas,
including this jurisdiction, to adopt minimum stormwater controls such as those
included in this ordinance.
Therefore, the town establishes this set of water quality and quantity
regulations to meet the requirements of state and federal law regarding control of
stormwater runoff and discharge.

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8.2.41 Purpose.
A.

General. The purpose of this ordinance is to protect, maintain and enhance the
public health, safety, environment and general welfare by establishing minimum
requirements and procedures to control the adverse effects of increased post
development stormwater runoff and nonpoint and point source pollution
associated with new development and redevelopment. It has been determined
that proper management of post-development stormwater runoff will minimize
damage to public and private property and infrastructure; safeguard the public
health, safety, and general welfare; and protect water and aquatic resources.

Specific. This ordinance seeks to meet its general purpose through the
following specific objectives and means:
(1)

Establishing decision-making processes for development that
protect the integrity of watersheds and preserve the health of water
resources;

(2)

Requiring that new development and redevelopment maintain the
pre-development hydrologic response in their post-development
state as nearly as practicable for the applicable design storm to
reduce flooding, streambank erosion, nonpoint and point source
pollution and increases in stream temperature, and to maintain the
integrity of stream channels and aquatic habitats;

(3)

Establishing minimum post-development stormwater management
standards and design criteria for the regulation and control of
stormwater runoff quantity and quality;

(4)

Establishing design and review criteria for the construction,
function, and use of structural stormwater SCMs that may be used to
meet the minimum post-development stormwater management
standards;

(5)

Encouraging the use of better management and site design
practices, such as the use of vegetated conveyances for stormwater
and the preservation of greenspace, riparian buffers and other
conservation areas to the maximum extent practicable;

(6)

Establishing provisions for the long-term responsibility for and
maintenance of structural and nonstructural stormwater SCMs to
ensure that they continue to function as designed, are maintained
appropriately, and pose no threat to public safety;

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(7)

(8)

Establishing administrative procedures for the submission, review,
approval and disapproval of stormwater management plans, for the
inspection of approved projects, and to assure appropriate long-term
maintenance;
Coordinating site design plans that include open space and natural
areas with the latest adopted Black Mountain Comprehensive Plan;

(9)

Controlling illicit discharges into the municipal separate stormwater
system;

(10)

Assigning responsibility and processes for approving the creation
and maintenance of adequate drainage and flood damage
prevention.

The ordinance seeks to meet the requirements for the town's National Pollutant
Discharge Elimination System (NPDES) Permit.
8.2.52 Applicability and jurisdiction of this ordinance.
A.

General. Beginning with and subsequent to its effective date, this ordinance will
be applicable to all development and redevelopment occurring within the
corporate limits of the Town of Black Mountain, unless exempt pursuant to
section 8.2.52(C) of this section, exemptions.

Activity threshold requiring a stormwater permit. A stormwater permit is required
for any development and redevelopment which disturbs one-half acre of land or
more in all zoning districts, with the exception of the Central Business District
where a stormwater permit is required for one acre or greater of disturbance.

All phased developments will achieve post-construction requirements at the
completion of each phase unless otherwise approved by the stormwater administrator.
C.

Exemptions.

(1)

Activities that are exempt from permit requirements of Section 404 of the federal
Clean Water Act as specified in 40 CFR 232 (primarily, ongoing farming and
forestry activities) are exempt from the provisions of this ordinance.

(2)

Development or redevelopment that disturbs less than one-half acre are
not exempt if such activities are part of a larger common plan of
development or sale, even though multiple, separate or distinct activities
take place at different times on different schedules.

(23)

Development which disturbs less than one-half acre of land.

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(34)

Pre-existing development or development activities that do not remove or
decrease existing stormwater controls will not be required to install new or
increased stormwater controls.

(45)

When a pre-existing development is redeveloped, either in whole or in part,
increased stormwater controls will only be required according to the amount of
disturbance proposed with the development.

No development or redevelopment until compliance and permit. No
development or redevelopment will occur except in compliance with the
provisions of this ordinance or unless exempted. No development or
redevelopment for which a permit is required pursuant to this ordinance
will occur except in compliance with the provisions, conditions, and
limitations of the permit. Reserved.

Map. The stormwater map will be kept on file by the stormwater administrator
and will be updated to take into account changes in the land area covered by this
ordinance and the geographic location of all structural SCMs permitted under this
ordinance. In the event of a dispute, the applicability of this ordinance to a
particular area of land or SCM will be determined by reference to the North
Carolina Statutes, the North Carolina Administrative Code, and local zoning and
jurisdictional boundary ordinances. This ordinance does not affect the legal
requirements to obtain other permits which may be required by the division
of water quality, the division of land resources, the local flood hazard
prevention ordinance, zoning or building permits or any other state, federal
or local government permit that may be required.

8.2.63 Interpretation.
A.

Meaning and intent. All provisions, terms, phrases, and expressions contained in
this ordinance will be construed according to the general and specific purposes
set forth in section 8.2.4 8.2.1, purpose and also defined in section 8.2.7 8.2.28.
If a different or more specific meaning is given for a term defined elsewhere in
Town of Black Mountain Code of Ordinance, the meaning and application of the
term in this ordinance will control for purposes of application of this ordinance.

Text controls in event of conflict. In the event of a conflict or inconsistency
between the text of this ordinance and any heading, caption, figure, illustration,
table, or map, the text will control

Authority for interpretation. The stormwater administrator has authority to
determine the interpretation of this ordinance. Any person may request an
interpretation by submitting a written request to the stormwater administrator,
who will respond in writing within 30 days. The stormwater administrator will keep
on file a record of all written interpretations of this ordinance.

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References to statutes, regulations, and documents. Whenever reference is
made to a resolution, ordinance, statute, regulation, manual (including the design
manual), or document, it will be construed as a reference to the most recent
edition of such that has been finalized and published with due provision for notice
and comment, unless otherwise specifically stated.

Computation of time. The time in which an act is to be done will be computed by
excluding the first day and including the last day. If a deadline or required date of
action falls on a Saturday, Sunday, or holiday observed by the Town of Black
Mountain, the deadline or required date of action will be the next day that is not a
Saturday, Sunday or holiday observed by the Town of Black Mountain.
References to days are calendar days unless otherwise stated.

Delegation of authority. Any act authorized by this Ordinance to be carried out by
the Stormwater Administrator Assistant Town Manager of Town of Black
Mountain may be carried out by his or her designee as Stormwater Administrator.

8.2.7 Terms Defined.
When used in this ordinance, the following words and terms will have the
meaning set forth in this section, unless other provisions of this ordinance
specifically indicate otherwise.
Administrative decision: Decisions made in the implementation, administration,
or enforcement of this ordinance that involve the determination of facts and the
application of objective standards set forth in this ordinance, or other land
development regulations as applicable.
Built-upon area (BUA): The portion of a development project covered by
impervious or partially impervious surfaces, including buildings; paved or gravel
areas such as roads, parking lots, and paths; and recreation facilities such as
tennis courts. Built-upon area does not include wooden slatted decks, the water
area of swimming pools, or pervious or partially pervious paving materials to the
extent those materials absorb water or allow water to infiltrate through them.
Department: The North Carolina Department of Environment and Natural
Resources.
Design manual: All references herein to the Design Manual are to the latest
published edition or revision as published by the North Carolina Department of
Environmental Quality.
Development: Any land-disturbing activity that increases the amount of builtupon area or that otherwise decreases the infiltration of precipitation into the soil.

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Disturbed area: All land areas that are stripped, graded, grubbed, filled, or
excavated at any time during the site preparation or removing vegetation for, or
construction of, a project. “Disturbed area” does not include routine
maintenance, but does include re-development and new impervious areas.
“Routine maintenance” is maintenance performed to maintain the original line
and grade, hydraulic capacity, and original purpose of the facility. Paving
impervious gravel surfaces while maintaining the original line and grade,
hydraulic capacity and original purpose of the facility is considered routine
maintenance. Cutting of trees, without grubbing, stump removal, disturbance or
exposure of soil is not considered “disturbed area”.
Disturbance of land: Any man-made change to the land surface that may result in soil
erosion or has the potential to change its runoff characteristics including construction
activity such as clearing, grading, excavation, or the filling of land.
Division: The Division of Water Quality in the North Carolina Department of
Environmental Quality.
High-density project: High-density projects shall comply with the requirements
set forth in Rule .1003(3). See 15A NCAC 02H.1003 for calculation of project
density and requirements for high-density projects.
Impervious: Not allowing fluid to pass through.
Larger common plan of development or sale: Any area where multiple separate
and distinct construction or land-disturbing activities will occur under one plan. A
plan is any announcement or piece of documentation (including, but not limited
to, a sign, public notice or hearing, sales pitch, advertisement, loan application,
drawing, permit application, zoning request, or computer design) or physical
demarcation (including, but not limited to, boundary signs, lot stakes, or surveyor
markings) indicating that construction activities may occur on a specific plot.
Low-density project: A project shall be considered a low-density project if it
meets the low-density criteria set forth in Rule .1003(2) and contains no more
than 24 percent built-upon area or no more than two dwelling units per acre. See
15A NCAC 02H.1003 for calculation of project density and requirements for lowdensity projects.
Low-impact development: The term low-impact development (LID) refers to systems
and practices that use or mimic natural processes that result in the infiltration,
evapotranspiration or use of stormwater in order to protect water quality and associated
aquatic habitat. LID is an approach to land development (or re-development) that works
with nature to manage stormwater as close to its source as possible. LID employs
principles such as preserving and recreating natural landscape features, minimizing
effective imperviousness to create functional and appealing site drainage that treat
stormwater as a resource rather than a waste product. There are many practices that

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have been used to adhere to these principles such as bio retention facilities, rain
gardens, vegetated rooftops, rain barrels and permeable pavements.
125-year, 24-hour storm: The surface runoff resulting from a 24-hour rainfall of an
intensity expected to be equaled or exceeded, on average, once in 12 months 25
years and with a duration of 24 hours as defined by the National Weather Service.
Owner: The legal or beneficial owner of land, including, but not limited to, a
mortgagee or vendee in possession, receiver, executor, trustee, or long-term or
commercial lessee, or any other person or entity holding proprietary rights in the
property or having legal power of management and control of the property.
"Owner" shall include long-term commercial tenants; management entities, such
as those charged with or engaged in the management of properties for profit; and
every person or entity having joint ownership of the property. A secured lender
not in possession of the property does not constitute an owner, unless the
secured lender is included within the meaning of "owner" under another
description in this definition, such as a management entity.
Post-construction: The point in which construction activity has been concluded
prior to issuing a certificate of occupancy or otherwise putting the property into
use.
Redevelopment: Any development on previously-developed land, other than a
rebuilding activity that results in no net increase in built-upon area and provides
equal or greater storm water control than the previous development.
Stormwater control measure (formally known as best management practice): An
alternation of land or physical device engineered and/or designed to trap, settle
out, or filter pollutants from stormwater runoff; to alter or reduce stormwater
runoff velocity, amount, timing, or other characteristics; to approximate the predevelopment hydrology on a developed site; or to achieve any combination of
these goals. Structural SCM includes physical practices such as constructed
wetlands, vegetative practices, filter strips, grassed swales, and other methods
installed or created on real property. "Structural SCM" is synonymous with
"structural practice," "stormwater control facility," "stormwater control practice,"
"stormwater treatment practice," "stormwater management practice,"
"stormwater control measures," "structural stormwater treatment systems," and
similar terms used in this ordinance.
Substantial progress: For the purposes of determining whether substantial
progress has been made on an approved plan, one or more of the following
construction activities toward the completion of a site or subdivision plan shall
occur: obtaining a grading permit and conducting grading activity on a
continuous basis and not discontinued for more than 30 days; or installation and
approval of on-site infrastructure; or obtaining a building permit for the
construction and approval of a building foundation. "Substantial progress" for
purposes of determining whether an approved plan is null and void is not

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necessarily the same as "substantial expenditures" used for determining vested
rights pursuant to applicable law.
8.2.74 Design manual.
A.

Reference to North Carolina Department of Environmental Quality Stormwater
Design Manual. The stormwater administrator will use the policy, criteria, and
information, including technical specifications and standards, in the NC DEQ
design manual as the basis for decisions about stormwater permits and about the
design, implementation and performance of structural and non-structural
stormwater SCMs.

The design manual includes a list of acceptable stormwater treatment practices,
including specific design criteria for each stormwater practice. Stormwater treatment
practices that are designed, constructed, and maintained in accordance with these
design and sizing criteria will be presumed to meet the minimum water quality
performance standards of the Phase II laws.
B.

Relationship of design manual to other laws and regulations. The North Carolina
Department of Environmental Quality Stormwater Design Manual is hereby
adopted by reference.

Changes to standards and specifications. If the standards, specifications,
guidelines, policies, criteria, or other information in the design manual are
amended subsequent to the submittal of an application for approval
pursuant to this ordinance but prior to approval, the new information will
control and will be utilized in reviewing the application and in implementing
this ordinance with regard to the application.

8.2.85 Relationship to other laws, regulations and private agreements.
A.

Conflict of laws. This ordinance is not intended to modify or repeal any other
ordinance, rule, regulation or other provision of law. The requirements of this
ordinance are in addition to the requirements of any other ordinance, rule,
regulation or other provision of law. Where any provision of this ordinance
imposes restrictions different from those imposed by any other ordinance, rule,
regulation or other provision of law, whichever provision is more restrictive or
imposes higher protective standards for human or environmental health, safety,
and welfare will control.

Private agreements. This ordinance is not intended to revoke or repeal any
easement, covenant, or other private agreement. However, where the regulations
of this ordinance are more restrictive or impose higher standards or requirements
than such an easement, covenant, or other private agreement, the requirements
of this ordinance will govern. Nothing in this ordinance will modify or repeal any

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private covenant or deed restriction, but such covenant or restriction will not
legitimize any failure to comply with this ordinance. In no case shall Town of
Black Mountain be obligated to enforce the provisions of any easements,
covenants, or agreements between private parties.
8.2.96 Severability.
If the provisions of any section, subsection, paragraph, subdivision or clause of this
ordinance will be adjudged invalid by a court of competent jurisdiction, such judgement
will not affect or invalidate the remainder of any section, subsection, paragraph,
subdivision or clause of this ordinance.
8.2.107 Effective date and transitional provisions.
A.
Effective date. This ordinance will take effect on September 14, 2026 May 12,
2025.
B.
Final approvals, complete applications. All development and redevelopment
projects for
which complete and full applications were submitted and approved by the Town
of Black Mountain prior to the effective date of this ordinance and which remain
valid, unexpired, unrevoked and not otherwise terminated at the time of
development or redevelopment will be exempt from complying with all provisions
of this ordinance dealing with management of post-construction runoff, but will be
required to comply with all other applicable provisions, including, but not limited
to, illicit discharge provisions. If previously approved SCMs are not maintained as
approved and regulated by the stormwater ordinance in effect at the time of their
approval, such SCMs shall be made to comply with this ordinance to the greatest
extent possible when repaired or brought into compliance.
A phased development plan will be deemed approved prior to the effective date
of this ordinance if it has been approved by all necessary government units, it remains
valid, unexpired, unrevoked and not otherwise terminated, and it shows:

(1)

For the initial or first phase of development, the type and intensity of use
for a specific parcel or parcels, including at a minimum, the boundaries of
the project and a subdivision plan that has been approved.

(2)

For any subsequent phase of development, sufficient detail so that
implementation of the requirements of this ordinance to that phase of
development would require a material change in that phase of the plan.

Violations continue. Any violation of provisions existing on the effective date of
this ordinance for development that has disturbed one-half acre or more will
continue to be a violation under this ordinance and be subject to penalties and

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enforcement under this ordinance unless the use, development, construction, or
other activity complies with the provisions of this ordinance.
SECTION 2: ADMINISTRATION AND PROCEDURES
8.2.118 Review and decision-making entities.
A.

Stormwater administrator.
(1)

Designation. A stormwater administrator will be designated by the
assistant town manager to administer and enforce this ordinance in whole
or in part, at the assistant town manager's discretion.

Powers and duties. In addition to the powers and duties that may be conferred by
other provisions of the Town of Black Mountain Code of Ordinances and other
laws, the stormwater administrator will have the following powers and duties
under this ordinance:
(1)

To review and approve, approve with conditions, or disapprove
applications for approval of plans pursuant to this ordinance.

(2)

To make determinations and render interpretations of this ordinance.

(3)

To enforce the provisions of this ordinance in accordance with its
enforcement provisions.

(4)

To maintain records, maps, forms and other official materials as related to
the adoption, amendment, enforcement, and administration of this
ordinance.

(5)

To provide expertise and technical assistance to the Town of Black
Mountain Town Council, upon request.

(6)

Reserved.

(7)
ordinance.

To take any other action necessary to administer the provisions of this

8.2.129 Review procedures.
A.

Permit required. A stormwater permit is required for all development and
redevelopment disturbing one-half acre or more of land unless exempt pursuant
to this ordinance. A permit may only be issued subsequent to a properly
submitted and reviewed permit application, pursuant to this section. A stormwater
permit will govern the design, installation, and construction of stormwater

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management and control practices on the site, including structural SCMs and
elements of site design for stormwater management other than structural SCMs.
B.
Effect of permit. A stormwater permit will govern the design, installation,
and construction of stormwater management and control practices on the site,
including structural SCMs and elements of site design for stormwater
management other than structural SCMs.
The permit is intended to provide a mechanism for the review, approval,
and inspection of the approach to be used for the management and control of
stormwater for the development or redevelopment site consistent with the
requirements of this ordinance, whether the approach consists of structural
SCMs or other techniques such as low-impact or low-density design. The permit
does not continue in existence indefinitely after the completion of the project;
rather, compliance after project construction is assured by the maintenance
provisions of this ordinance.
C. B. Authority to file applications. All applications required pursuant to this Code will
be submitted to the stormwater administrator by the land owner or the land
owner's duly authorized agent.
D. C. Establishment of application requirements, schedule, and fees.
(1)

Before submitting a stormwater permit application the applicant will hold a
concept plan and consultation meeting with the stormwater administrator.

(12)

Application contents and form. The stormwater administrator will establish
requirements for the content and form of all applications and will amend
and update those requirements from time to time. At a minimum, the
stormwater permit application will describe in detail how post-development
stormwater runoff will be controlled and managed, the design of all
stormwater facilities and practices, and how the proposed project will meet
the requirements of this ordinance.

(23)

Submission schedule. The stormwater administrator will establish a
submission schedule for applications. The schedule will establish
deadlines by which complete applications must be submitted for the
purpose of ensuring that there is adequate time to review applications,
and that the various stages in the review process are accommodated.

(34)

Permit review fees. The town will establish permit review fees as well
as policies regarding refund of any fees upon withdrawal of an
application and may amend and update the fees and policies from
time to time. Are set forth in the town's schedule of fees.

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Submittal of complete application. Applications will be submitted to the
stormwater administrator pursuant to the application submittal schedule in the
form established by the stormwater administrator, along with the fee set forth in
the town's schedule of fees If the stormwater administrator finds that an
application is incomplete, the applicant will be notified of the deficient elements
and will be provided with an opportunity to submit a complete application.

Review. Within 15 working days After after a complete application is submitted,
the stormwater administrator will review the application and determine whether
the application complies with the standards of this ordinance.
(1)
Approval. If the stormwater administrator finds that the application
complies with the standards of this ordinance, the stormwater
administrator will approve the application. The stormwater administrator
may impose conditions of approval as needed to ensure compliance with
this ordinance. The conditions shall be included as part of the approval.
(2)

Fails to comply. If the stormwater administrator finds that the application
fails to comply with the standards of this ordinance, the stormwater
administrator will notify the applicant and shall indicate how the application
fails to comply. The applicant will have an opportunity to submit a
revised application.

(3)

Reserved.

(4)

Revision and subsequent review. A complete revised application will be
reviewed by the stormwater administrator within 15 working days after its
re-submittal and will be approved, approved with conditions or
disapproved.
If a revised application is not re-submitted within 30 calendar days from
the date the applicant was notified, the application will be considered
withdrawn, and a new submittal for the same or substantially the same
project will be required along with the appropriate fee for a new submittal.
One re-submittal of a revised application may be submitted within 30
calendar days without payment of an additional permit review fee. Any resubmittal after the first re-submittal will be accompanied by a permit
review fee additional fee, as established by the adopted fee schedule.

8.2.1310 Applications for approval.
A.

Concept plan and consultation meeting required. Before a stormwater
management permit application is deemed complete, the stormwater
administrator or developer may will request a consultation on a concept plan for
the post-construction stormwater management system to be utilized in the
proposed development project. This consultation meeting should take place at

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the time of the preliminary plan of subdivision or other early step in the
development process. The purpose of this meeting is to discuss the requirements
of the post-construction stormwater ordinance.
The following information should be included in the concept plan, which should be
submitted in advance of the meeting:
(1)

(2)

(3)

Existing conditions/proposed site plans. Existing conditions and proposed
site layout sketch plans, which illustrate at a minimum: existing and
proposed topography; perennial and intermittent streams; mapping of
predominant soils from soil surveys (if available); boundaries of existing
predominant vegetation; proposed limits of clearing and grading; and
location of existing and proposed roads, buildings, parking areas and
other impervious surfaces.
Natural resources inventory. A written or graphic inventory of natural
resources at the site and surrounding area as it exists prior to the
commencement of the project. This description should include a
discussion of soil conditions, forest cover, geologic features, topography,
wetlands, and native vegetative areas on the site, as well as the location
and boundaries of other natural feature protection and conservation areas
such as lakes, ponds, floodplains, stream buffers and other setbacks (e.g.,
drinking water well setbacks, septic setbacks, etc.). Particular attention
should be paid to environmentally sensitive features that provide
opportunities or constraints for development and stormwater
management.
Stormwater management system concept plan. A written or graphic
concept plan of the proposed post-development stormwater management
system including: preliminary selection and location of proposed structural
stormwater controls; low-impact design elements; location of existing and
proposed conveyance systems such as grass channels, swales, and
storm drains; flow paths; location of floodplain/floodway limits; relationship
of site to upstream and downstream properties and drainages; and
preliminary location of any proposed stream channel modifications, such
as bridge or culvert crossings.

Stormwater management permit application. The stormwater management
permit application will detail how post development stormwater runoff will be
controlled and managed and how the proposed project will meet the
requirements of this ordinance, including section 8.2.1413, standards. All such
plans will be prepared by a qualified registered North Carolina professional
engineer or landscape architect, and the engineer or landscape architect will
perform services only in their area of competence, and will verify that the design
of all stormwater management facilities and practices meets the submittal
requirements for complete applications, that the designs and plans are sufficient

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to comply with applicable standards and policies found in the design manual, and
that the designs and plans ensure compliance with this ordinance.
The submittal will include all of the information required in the submittal checklist
established by the stormwater administrator. Incomplete submittals will be treated
pursuant to section 8.2.129.D.
C.

As-built plans and final approval. Upon completion of a project, and before a
certificate of occupancy will be granted, the applicant will certify that the
completed project is in accordance with the approved stormwater management
plans and designs, and will submit actual "as built" plans for all stormwater
management facilities or practices after final construction is completed.

The plans will show the final design specifications for all stormwater
management facilities and practices and the field location, size, depth, and planted
vegetation of all measures, controls, and devices, as installed. The designer of the
stormwater management measures and plans will certify, under seal, that the as-built
stormwater measures, controls, and devices are in compliance with the approved
stormwater management plans and designs and with the requirements of this
ordinance. A final inspection and approval by the stormwater administrator will occur
before the release of any performance securities.
D.

Other permits. No certificate of compliance or occupancy will be issued by the
building inspector without final as-built plans and a final inspection and approval
by the stormwater administrator, except where multiple units are served by the
stormwater practice or facilities, in which case the building inspector may elect to
withhold 50 percent of permits or certificates of occupancy until as-built plans are
submitted and final inspection and approval has occurred.

8.2.1411 Approvals.
A.

Effect of approval. Approval authorizes the applicant to go forward with only the
specific plans and activities authorized in the permit. The approval will not be
construed to exempt the applicant from obtaining other applicable approvals from
local, state, and federal authorities.

Time limit/expiration. An approved plan will become null and void if the applicant
fails to make substantial progress on the site within one year after the date of
approval. The stormwater administrator may grant a single, one-year extension
of this time limit, for good cause shown, upon receiving a written request from the
applicant before the expiration of the approved plan.

Permit renewal required for high-density projects. Post construction stormwater
permits determined to be high-density are required to be renewed every eight
years.

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In granting an extension, the stormwater administrator may require compliance
with standards adopted since the original application was submitted unless there
has been substantial reliance on the original permit and the change in standards
would infringe the applicant's vested rights.
8.2.1512 Appeals.
A.

Right of appeal. Any aggrieved person affected by any decision, order,
requirement, or determination relating to the interpretation or application of this
ordinance made by the stormwater administrator, may file an appeal to the board
of adjustment within 30 days after receipt of said written decision, order,
requirement or determination. Appeals shall proceed in conformance with
NCGS 160D-405. The appeal shall be conducted as a quasi-judicial
proceeding governed by NCGS 160D-406. Appeals from the board of
adjustment shall be governed by NCGS 160D-1402.

SECTION 3: STANDARDS FOR POST-CONSTRUCTION STORMWATER
MANAGEMENT
8.2.1613 General standards.
All proposed stormwater management design and methods submitted with a postconstruction stormwater permit will meet the general standards of this section. All
development and redevelopment to which this ordinance applies will install
stormwater control measures that comply with each of the following standards:
8.2.14 Development standards for all permitted projects.
High- and low-density projects will comply with each of the following standards requiring
a stormwater permit:
A.

Stormwater treatment.
(1)

All stormwater treatment measures shall treat either:
(a)

The runoff volume from the disturbed area calculated utilizing
the one-year, one-hour design storm rainfall depth; or

(b)

The difference in stormwater runoff volume between the preand post-development conditions for the one-year, 24-hour
storm; whichever is greater.

(2)

Runoff volume drawdown time shall be a minimum of 48 hours, but
not more than 120 hours.

(3)

All structural stormwater treatment systems used shall be designed
to have a minimum of 85 percent average annual removal for total
suspended solids (TSS).

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Stormwater runoff from the development will be transported from the
development by vegetated conveyances to the maximum extent practicable.
B.

Project sites must employ low impact development (LID) practices to analyze the
infiltration capacity of natural drainage of the site and develop a system of
controls which mimic the existing, natural hydrology and which cumulatively
capture and treat the runoff from the first inch of rainfall. LID practice may include
any combination of site design techniques, and SCMs to store, infiltrate,
evaporate, retain and detain runoff on the site to more closely replicate the predevelopment runoff thereby limiting the increase in pollutant loads caused by
development.

B. C. All built-upon area will be at a minimum of 30 feet landward of all perennial and
intermittent surface waters. A perennial or intermittent surface water will be
deemed present if the feature is approximately shown on either the most recent
version of the soil survey map prepared by the Natural Resources Conservation
Service of the United States Department of Agriculture (USDA) or the most
recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps
prepared by the United States Geologic Survey (USGS). An exception to this
requirement may be allowed when surface waters are not present in accordance
with the provisions of 15A NCAC 2B.0233 (3)(a) or similar site-specific
determination made using Division-approved methodology. Encroachment
allowances may be made as described in 4.3.2.
C. D. The measures will control and treat runoff from the first inch of rain. The
approval of the stormwater permit will require an enforceable restriction on
property usage that runs with the land, such as a recorded deed restriction or
protective covenants, to ensure that future development and redevelopment
maintains the site consistent with the approved project plans.
D. E. General engineering design criteria for all projects will be in accordance
with 15A NCAC 2H.1008(c), as explained in the design manual. The
measures will control and treat runoff from the first inch of rain. Runoff volume
drawdown time will be a minimum of 48 hours, but not more than 120 hours.
All structural stormwater treatment systems used to meet these requirements will
be designed to have a minimum of 85 percent average annual removal for total
suspended solids (TSS);
E. F. The approval of the stormwater permit will require an enforceable
restriction on property usage that runs with the land, such as a recorded
deed restriction or protective covenants, to ensure that future development
and redevelopment maintain the site consistent with the approved project
plans. General engineering design criteria for all projects will be in accordance
with 15A NCAC 2H.1008(c), as explained in the design manual;

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8.2.1715 Standards for stormwater control measures.
Owners of property subject to this ordinance and required to install structural
stormwater control measures will implement those measures in compliance with each of
the following standards:
A.

Evaluation according to contents of design manual. All stormwater control
measures and stormwater treatment practices (also referred to as Stormwater
Control Measures, or SCMs) required under this ordinance will be evaluated by
the stormwater administrator according to the policies, criteria, and information,
including technical specifications and standards and the specific design criteria
for each stormwater practice, in the design manual. The stormwater administrator
shall determine whether proposed SCMs will be adequate to meet the
requirements of this ordinance. It is presumed that all standards in the design
manual will result in a minimum of 85 percent average annual removal of total
suspended solids.

Determination of adequacy; presumptions and alternatives. Stormwater
treatment practices that are designed, and constructed, and maintained in
accordance with the criteria and specifications in the design manual will be
presumed to meet the minimum water quality and quantity performance
standards of this ordinance. Whenever an applicant proposes to utilize a practice
or practices not designed and constructed in accordance with the criteria and
specifications in the design manual, the applicant shall have the burden of
demonstrating that the practice(s) will satisfy the minimum water quality and
quantity performance standards of this ordinance. The stormwater administrator
may require the applicant to provide the documentation, calculations, and
examples necessary for the stormwater administrator to determine whether such
an affirmative showing is made.

In addition to the standards for handling stormwater set out in the design
manual, development and redevelopment that drains in whole or part to
trout waters (class TR) waters shall design and implement the best
stormwater practices that do not result in a sustained increase in receiving
water temperature, while still meeting the other requirements of this
ordinance. Whenever LID practices are not achievable, or have not been
demonstrated, the measures controlling the final runoff from the site shall control
and treat the difference in stormwater runoff volume leaving the project site
between pre- and post-development conditions for a minimum rate of ten year,
24-hour storm as determined by NOAA.

Separation from seasonal high-water table. For SCMs that require a
separation from the seasonal high-water table, the separation shall be
provided by at least 12 inches of naturally occurring soil above the
seasonal high-water table. Peak stormwater runoff rates will be controlled for

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all development at or exceeding 24 percent built upon area or high-density
projects as defined by this ordinance, for both LID and conventional approaches.
The peak stormwater runoff release rates leaving the site during postconstruction conditions will be equal to or less than the pre-development peak
stormwater runoff release rates for the one-year frequency, 24-hour duration
storm event as determined by NOAA data for Black Mountain. The emergency
overflow and outlet works for any pond or wetland constructed as a stormwater
SCM will be capable of safely passing a discharge with a minimum recurrence
frequency of 50 years. For detention basins, the temporary storage capacity will
be restored within 72 hours. Requirements of the Dam Safety Act will be met
when applicable.
E.

No single SCM will receive runoff from an area greater than three acres, however
the total drainage area from SCMs used in a series may exceed this maximum.

In addition to the standards for handling stormwater set out in the design manual,
development and redevelopment that drains in whole or part to trout waters
(class TR) waters shall design and implement the best stormwater practices that
do not result in a sustained increase in receiving water temperature, while still
meeting the other requirements of this ordinance.
In addition to the standards for stormwater handling set out in the design manual,
development and redevelopment that drains in whole or part to nutrient sensitive
waters (class NSW) will design and implement the best stormwater practices that
reduce nutrient loading, while still meeting the other requirements of this
ordinance.

Separation from seasonal high-water table. For SCMs that require a separation
from the seasonal high-water table, the separation will be provided by at least 12
inches of naturally occurring soil above the seasonal high-water table.

8.2.18 Dedication of SCMs, facilities and improvements.
Unless otherwise approved by town council, ownership and maintenance
responsibility of any existing or future stormwater management facilities will
remain with the owner of the property or a legally established property owner’s
association. Such facilities will meet all the requirements of this ordinance and
include adequate and perpetual access and sufficient area, be easement or
otherwise, for inspection and regular maintenance. An owner of an interest may
assume responsibility together with the owner. In such case, the owner of an
interest will be considered a responsible owner of an interest.
8.2.1916 Variances.
A.

Any person may petition the Town of Black Mountain for a variance granting
permission to use the person's land in a manner otherwise prohibited by this
ordinance. The Town of Black Mountain may impose reasonable and appropriate

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conditions and safeguards upon any variance it grants. To qualify for a variance,
the petitioner will show all of the following:
(1)
ordinance.

Unnecessary hardships would result from strict application of this

(2)

The hardships result from conditions that are peculiar to the property, such
as the location, size, or topography of the property.

(3)

The hardships did not result from actions taken by the petitioner.

(4)

The requested variance is consistent with the spirit, purpose, and intent of
this ordinance; will secure public safety and welfare; and will preserve
substantial justice.

Statutory exceptions. Notwithstanding subsection (A) of this section, exceptions
from the 30-foot landward location of built-upon area requirement as well as the
deed restrictions and protective covenants requirements will be granted in any of
the following instances:
(1)

When there is a lack of practical alternatives for a road crossing, railroad
crossing, bridge, airport facility, or utility crossing as long as it is located,
designed, constructed, and maintained to minimize disturbance, provide
maximum nutrient removal, protect against erosion and sedimentation,
have the least adverse effects on aquatic life and habitat, and protect
water quality to the maximum extent practicable through the use of SCMs.

(2)

When there is a lack of practical alternatives for a stormwater
management facility; a stormwater management pond; or a utility,
including, but not limited to, water, sewer, or gas construction and
maintenance corridor, as long as it is located 15 feet landward of all
perennial and intermittent surface waters and as long as it is located,
designed, constructed, and maintained to minimize disturbance, provide
maximum nutrient removal, protect against erosion and sedimentation,
have the least adverse effects on aquatic life and habitat, and protect
water quality to the maximum extent practicable through the use of SCMs.
i. 1.

A lack of practical alternatives may be shown by demonstrating
that, considering the potential for a reduction in size, configuration,
or density of the proposed activity and all alternative designs, the
basic project purpose cannot be practically accomplished in a
manner which would avoid or result in less adverse impact to
surface waters.

The stormwater runoff from the entire impervious area of the
development is collected, treated and discharged so that it pass

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through a segment of the vegetative buffer and is managed so that
it otherwise complies with all applicable state and federal
stormwater management requirements.
C.

Appropriate conditions may be imposed on any variance, provided that the
conditions are reasonably related to the variance.

Consideration of the variance by the board of adjustment will be conducted
as a quasi-judicial proceeding governed by NCGS 160D-406. Appeals from
the board of adjustment will be governed by NCGS 160D-1402.

8.2.2017 Reserved.
SECTION 4: MAINTENANCE
8.2.2118 General standards for maintenance of SCMS.
A.

Function of SCMs as intended. The owner of each structural SCM installed
pursuant to this ordinance will maintain and operate the device(s) in accordance
with the approved Operation and Maintenance Plan to preserve and continue its
function in controlling stormwater quality and quantity at the degree or amount of
function for which the structural SCM was designed.

Annual maintenance inspection and report. The person responsible for
maintenance of any structure SCM installed pursuant to this ordinance will
submit to the stormwater administrator an inspection report one of the
following in 8.2.21(C). The inspection report will contain all of the following:
(1)

The name and address of the owner;

(2)
The recorded book and page number of the lot of each structural
SCM;
(3)

A statement that inspection was made of all structural SCMs;

(4)

The date the inspection was made;

(5)

A statement that inspected structural SCMs are performing properly
and are in compliance with the terms and conditions of the approved
maintenance agreement required by this ordinance; and

(6)

The original signature and seal (if applicable) of the qualified person
certified by the North Carolina cooperative extension service for
stormwater treatment practice inspection and maintenance.

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C. B. Required inspections. Post-construction permit holders will annually inspect their
SCM(s) based on the minimum criteria for the SCM type, which is outlined in
their Operations and Maintenance (O&M) Agreement. These inspections can be
conducted by the property owner, if they are a qualified professional, or any other
qualified professional they choose to retain. For the purposes of this text, a
qualified professional is defined as a NC State University (NCSU) Cooperative
Extension Certified Stormwater SCM Inspection and Maintenance Inspector, NC
professional engineer or landscape architect. The inspection will be kept on site
and made available for inspection by the town. These inspections maintain
compliance between the property owner and the town's post-construction
stormwater ordinance.
C.

Town inspection of private SCMs. The town will inspect low-density permit SCMs
once per NPDES permit cycle. The town will inspect high-density permit SCMs
twice per NPDES permit cycle. These inspections will be conducted by town staff
or a contractor on behalf of the town to maintain the town's compliance with the
town's NPDES Small MS4 permit.

D. (1) If the town finds issues with the SCM, the town will require
maintenance/improvements to be made following the O&M agreement.
(2)
If the town finds issues and no O M is recorded for the property, the conditions
can be deemed a public nuisance, and the town can require abatement following the
nuisance ordinance.
8.2.2219 Operation and maintenance agreement.
A.

In general. Prior to the conveyance or transfer of any lot or building site to be
served by a structural SCM pursuant to this ordinance, and prior to issuance of
any permit for development or redevelopment requiring a structural SCM
pursuant to this ordinance, the applicant or owner of the site must execute an
operation and maintenance agreement that will be binding on all subsequent
owners of the site, portions of the site, and lots or parcels served by the structural
SCM. Until the transference of all property, sites, or lots served by the structural
SCM, the original owner or applicant shall have primary responsibility for carrying
out the provisions of the maintenance agreement.

The operation and maintenance agreement will require the owner or owners to
maintain, repair and, if necessary, reconstruct the structural SCM, and will state the
terms, conditions, and schedule of maintenance for the structural SCM. In addition, it
will grant to Town of Black Mountain a right of entry in the event that the stormwater
administrator has reason to believe it has become necessary to inspect, monitor,
maintain, repair, or reconstruct the structural SCM; however, in no case will the right of
entry, of itself, confer an obligation on Town of Black Mountain to assume responsibility
for the structural SCM. The operation and maintenance agreement must be approved
by the stormwater administrator prior to plan approval, and it will be referenced on the
final plat and will be recorded with the county register of deeds upon final plat approval.

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A copy of the recorded maintenance agreement will be given to the stormwater
administrator within 14 days following its recordation.
The Operation and Maintenance Agreement must be recorded with the
Buncombe County Register of Deeds prior to issuance of Certificate of Occupancy.
B.

Special requirement for homeowners' and other associations. For all structural
SCMs required pursuant to this ordinance and that are to be or are owned and
maintained by a homeowners' association, property owners' association, or
similar entity, the required operation and maintenance agreement will include all
of the following provisions:
(1)

Acknowledgment that the association will continuously operate and
maintain the stormwater control and management facilities.

(2)

Establishment of an escrow account, which can be spent solely for
sediment removal, structural, biological or vegetative replacement, major
repair, or reconstruction of the structural SCMs. If structural SCMs are not
performing adequately or as intended or are not properly maintained, the
Town of Black Mountain, in its sole discretion, may remedy the situation,
and in such instances the Town of Black Mountain will be fully reimbursed
from the escrow account. Escrowed funds may be spent by the
association for sediment removal, structural, biological or vegetative
replacement, major repair, and reconstruction of the structural SCMs,
provided that the Town of Black Mountain will first consent to the
expenditure.
Both developer contribution and annual sinking funds will fund the escrow
account. Prior to plat recordation or issuance of construction permits,
whichever will first occur, the developer will pay into the escrow account
an amount equal to 15 percent of the initial construction cost of the
structural SCMs.

(3)

Two-thirds of the total amount of sinking fund budget will be deposited into
the escrow account within the first five years and the full amount will be
deposited within ten years following initial construction of the structural
SCMs. Funds will be deposited each year into the escrow account. A
portion of the annual assessments of the association will include an
allocation into the escrow account. Any funds drawn down from the
escrow account will be replaced in accordance with the schedule of
anticipated work used to create the sinking fund budget.
(4)

The percent of developer contribution and lengths of time to fund the
escrow account may be varied by the Town of Black Mountain depending
on the design and materials of the stormwater control and management
facility.

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(5)

Granting to the Town of Black Mountain a right of entry to inspect, monitor,
maintain, repair, and reconstruct structural SCMs.

(6)

Allowing the Town of Black Mountain to recover from the association and
its member's any and all costs the Town of Black Mountain expends to
maintain or repair the structural SCMs or to correct any operational
deficiencies. Failure to pay the Town of Black Mountain all of its expended
costs, after 45 days written notice, will constitute a breach of the
agreement. In case of a deficiency, the Town of Black Mountain will
thereafter be entitled to bring an action against the association and its
members to pay, or foreclose upon the lien hereby authorized by the
agreement against the property, or both. Interest, collection costs, and
attorney fees will be added to the recovery.

(7)

A statement that this agreement will not obligate the Town of Black
Mountain to maintain or repair any structural SCMs, and the Town of
Black Mountain will not be liable to any person for the condition or
operation of structural SCMs.

(8)

A statement that this agreement will not in any way diminish, limit, or
restrict the right of the Town of Black Mountain to enforce any of its
ordinances as authorized by law.

(9)

A provision indemnifying and holding harmless the Town of Black
Mountain for any costs and injuries arising from or related to the structural
SCM, unless the Town of Black Mountain has agreed in writing to assume
the maintenance responsibility for the SCM and has accepted dedication
of any and all rights necessary to carry out that maintenance.
8.2.2320 Inspection program.
A.

Inspections and inspection programs by Town of Black Mountain may be
conducted or established on any reasonable basis, including, but not limited to,
routine inspections; random inspections; inspections based upon complaints or
other notice of possible violations; and joint inspections with other agencies
inspecting under environmental or safety laws. Inspections may include, but are
not limited to, reviewing maintenance and repair records; sampling discharges,
surface water, groundwater, and material or water in SCMs; and evaluating the
condition of SCMs.

Town inspection of private SCMs. The town will inspect low-density permit
SCMs once per NPDES permit cycle. The town will inspect high-density
permit SCMs twice per NPDES permit cycle. These inspections will be
conducted by town staff or a contractor on behalf of the town to maintain
the town’s compliance with the town’s NPDES Small MS4 permit.

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If the town finds issues with the SCM, the town will require
maintenance/improvements to be made following the O&M agreement.

If the town finds issues and no O&M agreement is recorded for the
property, the conditions can be deemed a public nuisance and the town
can require abatement following the nuisance ordinance.

If the owner or occupant of any property refuses to permit such inspection, the
stormwater administrator will proceed to obtain an administrative search warrant
pursuant to G.S. 15-27.2 or its successor. No person will obstruct, hamper or
interfere with the stormwater administrator while carrying out his or her official
duties.

8.2.2421 Performance security for installation and maintenance.
A.

May be required. The Town of Black Mountain may, at its discretion, require the
submittal of a performance security or bond with surety, cash escrow, letter of
credit or other acceptable legal arrangement prior to issuance of a permit in order
to ensure that the structural SCMs are:
(1)

Installed by the permit holder as required by the approved stormwater
management plan, and/or

(2)

Maintained by the owner as required by the operation and maintenance
agreement.

Amount.
(1)
(2)

Installation. The amount of an installation performance security will be the
total estimated construction cost of the SCMs approved under the permit,
plus 25 percent.
Maintenance. The amount of a maintenance performance security will be
the present value of an annuity of perpetual duration based on a
reasonable estimate of the annual cost of inspection, operation and
maintenance of the SCMs approved under the permit, at a discount rate
that reflects the jurisdiction's cost of borrowing minus a reasonable
estimate of long-term inflation.

Uses of performance security.
(1)

Forfeiture provisions. The performance security will contain forfeiture
provisions for failure, after proper notice, to complete work within the time
specified, or to initiate or maintain any actions which may be required of
the applicant or owner in accordance with this ordinance, approvals issued
pursuant to this ordinance, or an operation and maintenance agreement
established pursuant to this ordinance.

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(2)

Default. Upon default of the owner to construct, maintain, repair and, if
necessary, reconstruct any structure SCM in accordance with the
applicable permit or operation and maintenance agreement, the
stormwater administrator will obtain and use all or any portion of the
security to make the necessary improvements based on an engineering
estimate. Such expenditure of funds will only be made after requesting the
owner to comply with the permit or maintenance agreement. In the event
of a default triggering the use of installation performance security, the
Town of Black Mountain will not return any of the unused deposited cash
funds or other security, which will be retained for maintenance.

(3)

Costs in excess of performance security. If Town of Black Mountain takes
action upon such failure by the applicant or owner, the Town of Black
Mountain may collect from the applicant or owner the difference between
the amount of the reasonable cost of such action and the amount of the
security held, in addition to any other penalties or damages due.

(4)

Refund. Within 60 days of the final approval, the installation performance
security will be refunded to the applicant or terminated, except any amount
attributable to the cost (plus 25 percent) of landscaping installation and
ongoing maintenance associated with the SCMs covered by the security
unless a separate landscaping and ongoing maintenance security has
been provided. Any such landscaping will be inspected one year after
installation with replacement for compliance with the approved plans and
specifications and, if in compliance, the portion of the financial security
attributable to landscaping will be released.

8.2.2522 Notice to owners.
A.

Deed recordation and indications on plat. The applicable operations and
maintenance agreement, conservation easement, or dedication and acceptance
into public maintenance (whichever is applicable), pertaining to every structural
SCM will be referenced on the final plat and will be recorded with the county
register of deeds upon final plat approval. If no subdivision plat is recorded for
the site, then the operations and maintenance agreement, conservation
easement, or dedication and acceptance into public maintenance, whichever is
applicable, will be recorded with the county register of deeds so as to appear in
the chain of title of all subsequent purchasers under generally accepted
searching principles.

The Operation and Maintenance Agreement must be recorded with the Buncombe
County Register of Deeds prior to issuance of Certificate of Occupancy.
B.

Signage. Where appropriate in the determination of the stormwater administrator
to assure compliance with this ordinance, structural SCMs will be posted with a

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conspicuous sign stating who is responsible for required maintenance and
annual inspection. The sign will be maintained so as to remain visible and legible.
8.2.2623 Records of installation and maintenance activities.
The owner of each structural SCM will keep records of inspections, maintenance, and
repairs for at least five years from the date of creation of the record and will submit
the same upon reasonable request to the stormwater administrator.
8.2.2724 Nuisance.
The owner of each stormwater SCM, whether structural or non-structural SCM, will
maintain it so as not to create or result in a nuisance condition.
8.2.2825 Maintenance easement.
Every structural SCM installed pursuant to this ordinance will be made accessible for
adequate maintenance and repair by a maintenance easement. The easement will be
recorded and its terms will specify who may make use of the easement and for what
purpose.
SECTION 5: ENFORCEMENT AND VIOLATIONS FOR COMPLIANCE AND PERMITS
8.2.2826 General enforcement and violations.
A.

Authority to enforce. The provisions of this ordinance will be enforced by the
stormwater administrator, or any authorized agent of Town of Black Mountain.
Whenever this section refers to the stormwater administrator, it includes his or
her designee as well as any authorized agent of Town of Black Mountain.

Violation unlawful. Any failure to comply with an applicable requirement,
prohibition, standard, or limitation imposed by this ordinance, or the terms or
conditions of any permit or other development or redevelopment approval or
authorization granted pursuant to this ordinance, is unlawful and will constitute a
violation of this ordinance.

Each day a separate offense. Each day that a violation continues will constitute a
separate and distinct violation or offense.

C. D. Responsible persons/entities. Any person who erects, constructs, reconstructs,
alters (whether actively or passively), or fails to erect, construct, reconstruct,
alter, repair or maintain any structure, SCM, practice, or condition in violation of
this ordinance will be subject to the remedies, penalties, and/or enforcement
actions in accordance with this section. Persons subject to the remedies and
penalties set forth herein may include any architect, engineer, builder, contractor,
developer, agency, or any other person who participates in, assists, directs,

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creates, causes, or maintains a condition that results in or constitutes a violation
of this ordinance, or fails to take appropriate action, so that a violation of this
ordinance results or persists; or an owner, any tenant or occupant, or any other
person, who has control over, or responsibility for, the use or development of the
property on which the violation occurs.
For the purposes of this article, responsible person(s) will include but not be limited to:
(1)

Person maintaining condition resulting in or constituting violation. An
architect, engineer, contractor, developer, agency, or any other person
who participates in, assists, directs, creates, causes, or maintains a
condition that constitutes a violation of this ordinance, or fails to take
appropriate action, so that a violation of this ordinance results or persists.

(2)

Responsibility for land or use of land. The owner of the land on which the
violation occurs, any tenant or occupant of the property, any person who is
responsible for stormwater controls or practices pursuant to a private
agreement or public document, or any person, who has control over, or
responsibility for, the use, development or redevelopment of the property.

8.2.2927 Remedies and penalties.
The remedies and penalties provided for violations of this ordinance, whether civil or
criminal, will be cumulative and in addition to any other remedy provided by law, and
may be exercised in any order.
A.

Remedies.
(1)

Withholding of certificate of occupancy. The stormwater
administrator or other authorized agent may refuse to issue a
certificate of occupancy for the building or other improvements
constructed or being constructed on the site and served by the
stormwater practices in question until the applicant or other
responsible person has taken the remedial measures set forth in
the notice of violation or has otherwise cured the violations
described therein.

(2)

Disapproval of subsequent permits and development approvals. As
long as a violation of this ordinance continues and remains
uncorrected, the stormwater administrator or other authorized agent
may withhold, and the planning board may disapprove, any request
for permit or development approval or authorization provided for by
this ordinance or the subdivision for the land on which the violation
occurs.

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(3)

Injunction, abatements, etc. The stormwater administrator, with the
written authorization of the town manager, may institute an action in
a court of competent jurisdiction for a mandatory or prohibitory
injunction and order of abatement to correct a violation of this
ordinance. Any person violating this ordinance will be subject to the
full range of equitable remedies provided in the General Statutes or
at common law.

(4)

Correction as public health nuisance, costs as lien, etc. If the
violation is deemed dangerous or prejudicial to the public health or
public safety and is within the geographic limits of the Town of
Black Mountain G.S. 160A-193, the stormwater administrator, with
the written authorization of the town manager, may cause the
violation to be corrected and the costs to be assessed as a lien
against the property.

(5)

Stop work order. The stormwater administrator may issue a stop
work order to the person(s) violating this ordinance. The stop work
order will remain in effect until the person has taken the remedial
measures set forth in the notice of violation or has otherwise cured
the violation or violations described therein. The stop work order
may be withdrawn or modified to enable the person to take the
necessary remedial measures to cure such violation or violations.

Civil penalties. Violation of this ordinance may subject the violator to a civil
penalty to be recovered in a civil action in the nature of a debt if the
violator does not pay the penalty within 30 days after notice of the violation
is issued by the stormwater administrator. Civil penalties may be assessed
up to the full amount of penalty to which the Town of Black Mountain is
subject for violations of its Phase II Stormwater permit, or if no Phase II
Stormwater permit exists for the jurisdiction, civil penalties may be
assessed up to the full amount allowed by law.

8.2.3028 Enforcement procedures Procedures.
A.
Initiation/complaint. Whenever a violation of this ordinance occurs, or is alleged
to have occurred, any person may file a written complaint. Such complaint will
state fully the alleged violation and the basis thereof, and will be filed with the
stormwater administrator, who will record the complaint. The complaint will be
investigated promptly by the stormwater administrator.
B.

Inspection. The stormwater administrator will have the authority, upon
presentation of proper credentials, to enter and inspect any land, building,
structure, or premises to ensure compliance with this ordinance.

Notice of violation and order to correct. When the stormwater administrator finds
that any building, structure, or land is in violation of this ordinance, the

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stormwater administrator will notify, in writing, the property owner or other person
violating this ordinance. The notification will indicate the nature of the violation,
contain the address or other description of the site upon which the violation is
occurring, order the necessary action to abate the violation, and give a deadline
for correcting the violation. If civil penalties are to be assessed, the notice of
violation will also contain a statement of the civil penalties to be assessed, the
time of their accrual, and the time within which they must be paid or be subject to
collection as a debt.
The stormwater administrator may deliver the notice of violation and correction
order personally, by the Code Enforcement staff, by certified or registered mail, return
receipt requested, or by any means authorized for the service of documents by Rule 4
of the North Carolina Rules of Civil Procedure. If a violation is not corrected within a
reasonable period of time, as provided in the notification, the stormwater administrator
may take appropriate action under this ordinance to correct and abate the violation and
to ensure compliance with this ordinance.
D.

Extension of time. A person who receives a notice of violation and correction
order, or the owner of the land on which the violation occurs, may submit to the
stormwater administrator a written request for an extension of time for correction
of the violation. On determining that the request includes enough information to
show that the violation cannot be corrected within the specified time limit for
reasons beyond the control of the person requesting the extension, the
stormwater administrator may extend the time limit as is reasonably necessary to
allow timely correction of the violation, up to, but not exceeding 60 days. The
stormwater administrator may grant 60-day extensions in addition to the
foregoing extension if the violation cannot be corrected within the permitted time
due to circumstances beyond the control of the person violating this ordinance.
The stormwater administrator may grant an extension only by written notice of
extension. The notice of extension will state the date prior to which correction
must be made, after which the violator will be subject to the penalties described
in the notice of violation and correction order.

Enforcement after time to correct. After the time has expired to correct a
violation, including any extension(s) if authorized by the stormwater
administrator, the stormwater administrator will determine if the violation is
corrected. If the violation is not corrected, the stormwater administrator may act
to impose one or more of the remedies and penalties authorized by this
ordinance.

Emergency enforcement. If delay in correcting a violation would seriously
threaten the effective enforcement of this ordinance or pose an immediate
danger to the public health, safety, or welfare, then the stormwater administrator
may order the immediate cessation of a violation. Any person so ordered will
cease any violation immediately. The stormwater administrator may seek

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immediate enforcement, without prior written notice, through any remedy or
penalty authorized by this article.
SECTION 6: ILLICIT DISCHARGE DEFINITIONS
8.2.31 Sec. 20-390. Purpose.
The purpose of this article is to protect, maintain and enhance the public
health, safety, environment and general welfare by establishing minimum
requirements and procedures to control the adverse effects of illicit discharges
into municipal stormwater systems. It has been determined that proper
management of stormwater runoff will minimize damage to public and private
property and infrastructure; safeguard the public health, safety, and general
welfare; and protect water and aquatic resources.
The ordinance seeks to meet the requirements for the town's National Pollution
Discharge Elimination Systems (NPDES) permit.
8.2.32 Sec. 20-391. Applicability and jurisdiction.
The following article regarding illicit discharges and connections to public
stormwater systems applies to all parcels in the incorporated areas of the Town
of Black Mountain.
8.2.33 Sec. 20-392. Severability.
If the provisions of any section, subsection, paragraph, subdivision, or
clause of this article will shall be adjudged invalid by a court of competent
jurisdiction, such judgement will shall not affect or invalidate the remainder of any
section, subsection, paragraph, subdivision, or clause of this article.
8.2.34 Sec. 20-393. Effective date.
This article will shall take effect on October 12, 2026 December 1, 2019.
8.2.35 Sec. 20-394. Illicit discharges and connections.
(a) Illicit discharges.
(1) No person will shall cause or allow the direct-piping of untreated waste
water, discharge, emission, disposal, pouring, or pumping directly or
indirectly to any stormwater conveyance, the waters of the state, or upon
the land in a manner and amount that the substance is likely to reach a
stormwater conveyance or the waters of the state, any liquid, solid, gas,
or other substance, other than stormwater. Prohibited substances
include but are not limited to oil, anti-freeze, chemicals, animal waste,
paints, garbage, and litter.
(2) Non-stormwater discharges associated with the following activities are
allowed provided that they do not significantly impact water quality:

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Water line flushing;

Landscape irrigation;

Diverted stream flows;

Rising ground waters;

Uncontaminated ground water infiltration (as defined at 40 CFR
35.2005(20));

Uncontaminated pumped ground water;

Discharges from potable water sources;

Foundation drains;

Air conditioning condensation;

Irrigation water;

Springs;

Water from crawl space pumps;

m. Footing drains;
n.

Lawn watering;

Individual residential car washing;

Flows from riparian habitats and wetlands;

Dechlorinated swimming pool discharges;

Street wash water; and

Other non-stormwater discharges for which a valid NPDES discharge
permit has been approved and issued by the State of North Carolina,
and provided that any such discharges to the municipal separate
stormwater sewer system shall be authorized by the Town of Black
Mountain.

Prohibited substances include, but are not limited to, oil, anti-freeze,
chemicals, animal waste, paints, garbage, and litter.
(b) Illicit connections. Connections to a stormwater conveyance or stormwater
conveyance system that allow the discharge of non-stormwater, other than
the exclusions described in the subsection above are unlawful.
(1) Prohibited connections include, but are not limited to: floor drains, waste
water from washing machines or sanitary sewers, wash water from
commercial vehicle washing or steam cleaning, and waste water from
septic systems.
(2) Where such connections exist in violation of this section and said
connections were made prior to the adoption of this provision or any
other ordinance prohibiting such connections, the property owner or the
person using said connection will shall remove the connection within one

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year following the effective date of this article. However, the one-year
grace period will shall not apply to connections which may result in the
discharge of hazardous materials or other discharges which pose an
immediate threat to health and safety or are likely to result in immediate
injury and harm to real or personal property, natural resources, wildlife,
or habitat.
(3) Where it is determined that said connection:
a.

May result in the discharge of hazardous materials or may pose an
immediate threat to health and safety, or is likely to result in
immediate injury and harm to real or personal property, natural
resources, wildlife, or habitat, or

Was made in violation of any applicable regulation or ordinance,
other than this section; the stormwater administrator will shall
designate the time within which the connection shall be removed. In
setting the time limit for compliance, the stormwater administrator
will shall take into consideration:
1.

The quantity and complexity of the work,

The consequence of the delay,

The potential harm to the environment, to the public health, and
to public and private property, and

The cost of remedying the damage.

(c) Spills. Spills or leaks of polluting substances released, discharged to, or
having the potential to released or discharged to the stormwater conveyance
system, will shall be contained, controlled, collected, and properly disposed.
All affected areas will shall be restored to their preexisting condition. Persons
in control of the polluting substances immediately prior to their release or
discharge, and persons owning the property on which the substances were
released or discharged, shall immediately notify the fire chief of the release
or discharge, as well as making any required notifications under state and
federal law. Notification will shall not relieve any person of any expenses
related to the restoration, loss, damage, or any other liability which may be
incurred as a result of said spill or leak, nor will shall such notification relieve
any person from other liability which may be imposed by state or other law.
8.2.36 Sec. 20-395. Violations and enforcement.
(a) Notice of Violation
When the Town Manager, Stormwater Administrator or authorized
representative finds that a discharge or disposal violates any provisions of
this Section, the Town Manager, Stormwater Administrator or authorized
representative may issue a Notice of Violation. The Notice of Violation will
identify the nature of the violation, amount of penalty (if applicable), set forth

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the measures necessary to comply with this Section and provide a specific
time period for compliance.
The Notice may be served by registered or certified mail, hand delivery or any
other means determined to give actual notice. Refusal to accept the notice
will not relieve the violator’s obligation to comply with this Section or to pay
such penalty. Violations continue. Any violation of provisions existing on the
effective date of this article will shall continue to be a violation under this article and
be subject to penalties and enforcement under this article.
(b) Enforcement and Penalties.
Any person that violates the provisions of this Section is subject to a civil
penalty. A civil penalty may be assessed from the date the violation first
occurs.
1.

No penalty will be assessed until the person alleged to be in violation has
been notified of the violation.

The maximum civil penalty for each violation of this Section is $5,000.
Each day of violation will constitute a separate violation.

The Town Manager, Stormwater Administrator or authorized
representative will determine the amount of the civil penalty assessment.
In determining the amount of a civil penalty, all relevant mitigating and
aggravating factors will be considered including, but not limited to the
following:
a. Degree and extent of harm caused by the violation.
b. Cost of rectifying the damage.
c. Whether the violator saved money through noncompliance.
d. Whether the violator took reasonable measures to comply with this
Ordinance.
e. Whether the violator voluntarily took reasonable measures to restore
any areas damaged by the violation.
f. Whether the violation was committed willfully.
g. Whether the violator reported the violation.
h. Prior record of the violator in complying or failing to comply with this
Code or any other local or State water pollution control rule or
regulation.

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In addition to the civil penalty, penalties for costs to restore damaged
property may be assessed based on restoration costs, which include but
are not limited to, clean up costs, devaluation of the property, and value
of animal and plant life damaged.

If an alleged violator does not pay a civil penalty assessed within 30 days
after it is due, or does not appeal a civil penalty assessment as provided
in Section 8.2.36 (C), Appeals Process, the Town Manager, Stormwater
Administrator or authorized representative will request the Division of
Water Quality to administer the penalty.

Violation of this Ordinance will not constitute a misdemeanor or infraction
punishable under the criminal laws of North Carolina.

(c) Appeals Process
Any person who desires to appeal a demand for payment of the civil penalty
will have thirty (30) days from said demand of payment to appeal in writing to
the Town Manager, Stormwater Administrator or authorized representative.
1. The Town of Black Mountain will grant an appeal hearing before the Town
Council within thirty (30) days after receipt of the appeal.
2. The Town of Black Mountain will provide the appellant a minimum of ten
(10) days notice of the time and place of the hearing.
3. Thereafter, the appellant will have thirty (30) days to comply with the final
decision of the appeal hearing.
Notice of violation and enforcement. Illicit discharges and illicit connections which
exist within the Town of Black Mountain are hereby bound, deemed, and declared
to be dangerous or prejudiced to the public health or public safety and are found,
deemed, and declared to be public nuisances. Such public nuisances will shall be
abated in accordance with the procedures set forth in Chapter 1 of the Town of
Black Mountain Land Use Code Chapter 20 of the Town of Black Mountain Code of
Ordinances.
Part 2. Other Prohibited Waste
8.2.37 Sec. 30-396. Domestic animal waste.
(a) Findings. Pet waste is a serious water quality and public health issue for the
Black Mountain community. Stormwater runoff washes bacteria, parasites,
viruses, and nutrients from pet waste directly into our water ways. Poor water
quality caused by pet waste can cause recreational swimming advisories,
algal blooms, low dissolved oxygen levels, and impaired aquatic habitats.

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Fecal coliform bacteria, found in the feces of warm-blooded animals, can
indicate that water is unsafe for human contact like fishing, swimming, and
drinking. Many diseases can be spread to humans from pet waste as well. A
strong pet waste ordinance encourages citizens to be responsible for
cleaning up their animal's waste in order to keep our waterways clean and
safeguard public health.
(b) Restrictions on domestic animal waste.
(1) No person in custody or control of any animal will shall allow said animal
to discharge any fecal matter on any public property unless the person in
custody or control of said animal immediately and fully removes and
disposes of the feces. Such public properties include, but are not limited
to, streets, sidewalks, plazas, parks, rights-of-way, paths, public access
areas, storm drains, ditches, streams, creeks, drainageways, other
publicly owned property, and dedicated and officially accepted
easements.
(2) It will shall be unlawful for the owner or custodian of any animal to take it
off its own property without the means to properly and immediately
remove and dispose of the animal's feces from any public property.
"Means to properly and immediately remove and dispose of the animal's
feces" will shall consist of having on one's person a device such as a
plastic bag or other suitable "scooper," that can be used to fully clean up
and contain the animal's waste until it can be deposited in a closed trash
receptacle or other appropriate refuse container. Such a device must be
produced and shown upon request to anyone authorized to enforce this
article.
(3) This provision will shall not apply to a service animal accompanying a
person with a disability or to an animal being used by law enforcement
officers when doing so would prevent the officers from carrying out their
official responsibilities.
(4) "Public nuisance" is defined to include "any animal which deposits feces
on public property when the person owning, possessing, harboring, or
having the care, charge, control, or custody of the animal fails to remove
the feces so deposited.
8.2.38 Sec. 20-397. Debris in stormwater drainage system.
(a) Findings. Yard waste such as leaves, grass clippings, and soil/sediment can
cause significant water quality problems when it is blown or directed into the
stormwater system. Water quality problems include algal blooms and aquatic
weed growth, oxygen depletion, fish kills, and impaired aquatic habitats. In
addition, when the stormwater system is clogged with yard waste it can
cause street and property flooding.
(b) Restrictions on debris.

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(1) It will shall be unlawful for any person to rake, sweep, blow, wash, direct
or place any debris, including but not limited to yard waste, grass
clippings, leaves, sediment, trash, or debris of any kind into the storm
drainage system of the town, including any streets, storm drains, ditches,
swales, streams, lakes, culverts, rights-of-way, dedicated easements, or
in any other area where it might impede the flow of water through the
storm drainage system of the town. A violation of section 20-397 will shall
constitute a civil penalty in the amount of $50.00 a day, with each day
being a separate and distinct offense.
(2) It will shall be the duty of all property owners within the town to take
adequate precautions on their property to ensure positive drainage on
their property. Such drainage may be provided either through natural or
artificial drains found to be adequate by the public works director or
his/her designee. The owner will shall keep all ditches, drains, swales,
and drainage routes free from obstructions which would impede the flow
of water.
(3) When it shall appears to the public works director or his/her designee that
drainage facilities or drainageways on any private property are, for any
reason, inadequate and prior notice has not resulted in correction of the
problem conditions, he will shall notify the owner of the property by
registered or certified mail what corrective measures are required to
render the drainage adequate. The notice to the owner will shall specify a
reasonable time within which the corrective measures should be taken.
Notice to the owner whose address is unknown will shall be given to the
person in whose name the property is listed for taxation at the address
shown on the tax records or to the agent of the owner whose name
appears upon the tax records.
(4) If such corrective measures are not taken as required in the notice to the
owner, the public works director or his/her designee, upon approval by
the town council, may enter upon such premises and take the corrective
measures required and the town council may assess the cost thereof
against the owner of the property and such assessment shall become a
lien on the property which will shall be collected as a money judgment.
(5) Any condition in violation of this section will shall constitute a public
nuisance, subject to abatement as set forth in section 1.10.8 of the land
use code.
(6) The following are preferred best management practices (BMPs) for yard
waste and debris:
a.

Prevent yard waste and debris from entering the street, storm drain,
ditch, or other parts of the drainage system.

Direct or blow yard waste back onto a lawn or landscape area.

Sweep, rake, and/or collect yard waste instead of hosing/sweeping
off driveways, sidewalks or other impervious surfaces.

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Leave grass clippings on the lawn to decompose quickly and act as a
natural fertilizer and soil conditioner ("grass cycle").

Compost yard debris for use in the lawn, garden, or landscape.

Collect and contain yard waste for town collection service according
to specific yard waste collection policies. Do not use the town trash
cart for yard waste or debris.

Collect and dispose of waste at a legally authorized yard waste
collection facility.

8.2.29 Terms Defined.
When used in this ordinance, the following words and terms will have the meaning set
forth in this section, unless other provisions of this ordinance specifically indicate
otherwise.
Built-upon area (BUA): That portion of a development project that is covered by
impervious or partially impervious surface including, but not limited to, buildings;
pavement and gravel areas such as roads, parking lots, and paths; and recreation
facilities such as tennis courts. "Built-upon area" does not include a wooden slatted
deck, the water area of a swimming pool, or pervious or partially pervious paving
material to the extent that the paving material absorbs water or allows water to infiltrate
through the paving material.
Department: The North Carolina Department of Environment and Natural Resources.
Design manual: All references herein to the Design Manual are to the latest published
edition or revision as published by the North Carolina Department of Environmental
Quality.
Development: Any land-disturbing activity that increases the amount of built-upon area
or that otherwise decreases the infiltration of precipitation into the soil.
Disturbance of land: Any man-made change to the land surface that may result in soil
erosion or has the potential to change its runoff characteristics including construction
activity such as clearing, grading, excavation, or the filling of land.
Division: The Division of Water Quality in the Department.
High-density project: High-density projects shall comply with the requirements set forth
in Rule .1003(3). See 15A NCAC 02H.1003 for calculation of project density and
requirements for high-density projects.
Impervious: Not allowing fluid to pass through.
Larger common plan of development or sale: Any area where multiple separate and
distinct construction or land-disturbing activities will occur under one plan. A plan is any

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announcement or piece of documentation (including, but not limited to, a sign, public
notice or hearing, sales pitch, advertisement, loan application, drawing, permit
application, zoning request, or computer design) or physical demarcation (including, but
not limited to, boundary signs, lot stakes, or surveyor markings) indicating that
construction activities may occur on a specific plot.
Low-density project: A project shall be considered a low-density project if it meets the
low-density criteria set forth in Rule .1003(2) and contains no more than 24 percent
built-upon area or no more than two dwelling units per acre. See 15A NCAC 02H.1003
for calculation of project density and requirements for low-density projects.
Low-impact development: The term low-impact development (LID) refers to systems
and practices that use or mimic natural processes that result in the infiltration,
evapotranspiration or use of stormwater in order to protect water quality and associated
aquatic habitat. LID is an approach to land development (or re-development) that works
with nature to manage stormwater as close to its source as possible. LID employs
principles such as preserving and recreating natural landscape features, minimizing
effective imperviousness to create functional and appealing site drainage that treat
stormwater as a resource rather than a waste product. There are many practices that
have been used to adhere to these principles such as bio retention facilities, rain
gardens, vegetated rooftops, rain barrels and permeable pavements.
25-year, 24-hour storm: The surface runoff resulting from a 24-hour rainfall of an
intensity expected to be equaled or exceeded, on average, once in 25 years and with a
duration of 24 hours as defined by the National Weather Service.
Owner: The legal or beneficial owner of land, including, but not limited to, a mortgagee
or vendee in possession, receiver, executor, trustee, or long-term or commercial lessee,
or any other person or entity holding proprietary rights in the property or having legal
power of management and control of the property. "Owner" shall include long-term
commercial tenants; management entities, such as those charged with or engaged in
the management of properties for profit; and every person or entity having joint
ownership of the property. A secured lender not in possession of the property does not
constitute an owner, unless the secured lender is included within the meaning of
"owner" under another description in this definition, such as a management entity.
Post-construction: The point in which construction activity has been concluded prior to
issuing a certificate of occupancy or otherwise putting the property into use.
Redevelopment: Any development on previously-developed land, other than a
rebuilding activity that results in no net increase in built-upon area and provides equal or
greater storm water control than the previous development.
Stormwater control measure (formally known as best management practice): An
alternation of land or physical device engineered and/or designed to trap, settle out, or
filter pollutants from stormwater runoff; to alter or reduce stormwater runoff velocity,
amount, timing, or other characteristics; to approximate the pre-development hydrology

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on a developed site; or to achieve any combination of these goals. Structural SCM
includes physical practices such as constructed wetlands, vegetative practices, filter
strips, grassed swales, and other methods installed or created on real property.
"Structural SCM" is synonymous with "structural practice," "stormwater control facility,"
"stormwater control practice," "stormwater treatment practice," "stormwater
management practice," "stormwater control measures," "structural stormwater treatment
systems," and similar terms used in this ordinance.
Substantial progress: For the purposes of determining whether substantial progress has
been made on an approved plan, one or more of the following construction activities
toward the completion of a site or subdivision plan shall occur: obtaining a grading
permit and conducting grading activity on a continuous basis and not discontinued for
more than 30 days; or installation and approval of on-site infrastructure; or obtaining a
building permit for the construction and approval of a building foundation. "Substantial
progress" for purposes of determining whether an approved plan is null and void is not
necessarily the same as "substantial expenditures" used for determining vested rights
pursuant to applicable law.
Chapter 20 - ENVIRONMENT
ARTICLE X. – ILLICIT DISCHARGE
Sec. 20-390. – Purpose.
The purpose of this article is to protect, maintain and enhance the public health,
safety, environment and general welfare by establishing minimum requirements and
procedures to control the adverse effects of illicit discharges into municipal stormwater
systems. It has been determined that property management of stormwater runoff will
minimize damage to public and private property and infrastructure; safeguard the public
health, safety and general welfare; and protect water and aquatic resources.
The ordinance seeks to meet the requirements for the town’s National Pollution
Discharge Elimination Systems (NPDES) permit.
Sec. 20-391. Applicability and jurisdiction.
The following article regarding illicit discharges and connections to public
stormwater systems applies to all parcels in the incorporated areas of the Town of Black
Mountain.
Sec. 20-392. – Severability.
If the provisions of any section, subsection, paragraph, subdivision, or clause of this
article shall be adjudged invalid by a court of competent jurisdiction, such judgement
shall not affect or invalidate the remainder of any section, subsection, paragraph,
subdivision, or clause of this article.

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Sec. 20-393. – Effective date.
This article shall take effect on December 1, 2019.
Sec. 20-394. Illicit discharges and connections.
(a) Illicit discharges.
(1) No person shall cause or allow the direct-piping of untreated waste water,
discharge, emission, disposal, pouring, or pumping directly or indirectly to any
stormwater conveyance, the waters of the state, or upon the land in a manner
and amount that the substance is likely to reach a stormwater conveyance or
the waters of the state, any liquid, solid, gas, or other substance, other than
stormwater. Prohibited substances include but are not limited to oil, anti-freeze,
chemicals, animal waste, paints, garbage, and litter.
(2) Non-stormwater discharges associated with the following activities are allowed
provided that they do not significantly impact water quality:
a.

Water line flushing;

Landscape irrigation;

Diverted stream flows;

Rising ground waters;

Uncontaminated ground water infiltration (as defined at 40 CFR
35.2005(20));

Uncontaminated pumped ground water;

Discharges from potable water sources;

Foundation drains;

Air conditioning condensation;

Irrigation water;

Springs;

Water from crawl space pumps;

m. Footing drains;
n.

Lawn watering;

Individual residential car washing;

Flows from riparian habitats and wetlands;

Dechlorinated swimming pool discharges;

Street wash water; and

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Other non-stormwater discharges for which a valid NPDES discharge
permit has been approved and issued by the State of North Carolina, and
provided that any such discharges to the municipal separate stormwater
sewer system shall be authorized by the Town of Black Mountain.

(b) Illicit connections. Connections to a stormwater conveyance or stormwater
conveyance system that allow the discharge of non-stormwater, other than the
exclusions described in the subsection above are unlawful.
(1) Prohibited connections include, but are not limited to: floor drains, waste water
from washing machines or sanitary sewers, wash water from commercial
vehicle washing or steam cleaning, and waste water from septic systems.
(2) Where such connections exist in violation of this section and said connections
were made prior to the adoption of this provision or any other ordinance
prohibiting such connections, the property owner or the person using said
connection shall remove the connection within one year following the effective
date of this article. However, the one-year grace period shall not apply to
connections which may result in the discharge of hazardous materials or other
discharges which pose an immediate threat to health and safety or are likely to
result in immediate injury and harm to real or personal property, natural
resources, wildlife, or habitat.
(3) Where it is determined that said connection:
a.

May result in the discharge of hazardous materials or may pose an
immediate threat to health and safety, or is likely to result in immediate
injury and harm to real or personal property, natural resources, wildlife, or
habitat, or

Was made in violation of any applicable regulation or ordinance, other
than this section; the stormwater administrator shall designate the time
within which the connection shall be removed. In setting the time limit for
compliance, the stormwater administrator shall take into consideration:
1.

The quantity and complexity of the work,

The consequence of the delay,

The potential harm to the environment, to the public health, and to
public and private property, and

The cost of remedying the damage.

(c) Spills. Spills or leaks of polluting substances released, discharged to, or having the
potential to released or discharged to the stormwater conveyance system, shall be
contained, controlled, collected, and properly disposed. All affected areas shall be
restored to their preexisting condition. Persons in control of the polluting
substances immediately prior to their release or discharge, and persons owning the
property on which the substances were released or discharged, shall immediately
notify the fire chief of the release or discharge, as well as making any required
notifications under state and federal law. Notification shall not relieve any person of
any expenses related to the restoration, loss, damage, or any other liability which

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may be incurred as a result of said spill or leak, nor shall such notification relieve
any person from other liability which may be imposed by state or other law.
Sec. 20-395. – Violations and enforcement.
(a) Violations continue. Any violation of provisions existing on the effective date of this
article shall continue to be a violation under this article and be subject to penalties
and enforcement under this article.
(b) Notice of violation and enforcement. Illicit discharges and illicit connections which
exist within the Town of Black Mountain are hereby bound, deemed, and declared
to be dangerous or prejudiced to the public health or public safety and are found,
deemed, and declared to be public nuisances. Such public nuisances shall be
abated in accordance with the procedures set forth in Chapter 20 of the Town of
Black Mountain Code of Ordinances.
Part 2. Other Prohibited Waste
Sec. 30-396. - Domestic animal waste.
(a) Findings. Pet waste is a serious water quality and public health issue for the Black
Mountain community. Stormwater runoff washes bacteria, parasites, viruses, and
nutrients from pet waste directly into our water ways. Poor water quality caused by
pet waste can cause recreational swimming advisories, algal blooms, low dissolved
oxygen levels, and impaired aquatic habitats. Fecal coliform bacteria, found in the
feces of warm-blooded animals, can indicate that water is unsafe for human contact
like fishing, swimming, and drinking. Many diseases can be spread to humans from
pet waste as well. A strong pet waste ordinance encourages citizens to be
responsible for cleaning up their animal's waste in order to keep our waterways
clean and safeguard public health.
(b) Restrictions on domestic animal waste.
(1) No person in custody or control of any animal shall allow said animal to
discharge any fecal matter on any public property unless the person in custody
or control of said animal immediately and fully removes and disposes of the
feces. Such public properties include, but are not limited to, streets, sidewalks,
plazas, parks, rights-of-way, paths, public access areas, storm drains, ditches,
streams, creeks, drainageways, other publicly owned property, and dedicated
and officially accepted easements.
(2) It shall be unlawful for the owner or custodian of any animal to take it off its
own property without the means to properly and immediately remove and
dispose of the animal's feces from any public property. "Means to properly and
immediately remove and dispose of the animal's feces" shall consist of having
on one's person a device such as a plastic bag or other suitable "scooper," that
can be used to fully clean up and contain the animal's waste until it can be
deposited in a closed trash receptacle or other appropriate refuse container.

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Such a device must be produced and shown upon request to anyone
authorized to enforce this article.
(3) This provision shall not apply to a service animal accompanying a person with
a disability or to an animal being used by law enforcement officers when doing
so would prevent the officers from carrying out their official responsibilities.
(4) "Public nuisance" is defined to include "any animal which deposits feces on
public property when the person owning, possessing, harboring, or having the
care, charge, control, or custody of the animal fails to remove the feces so
deposited.
Sec. 30-397. – Debris in stormwater drainage system.
(a) Findings. Yard waste such as leaves, grass clippings, and soil/sediment can cause
significant water quality problems when it is blown or directed into the stormwater
system. Water quality problems include algal blooms and aquatic weed growth,
oxygen depletion, fish kills, and impaired aquatic habitats. In addition, when the
stormwater system is clogged with yard waste it can cause street and property
flooding.
(b) Restrictions on debris.
(1) It shall be unlawful for any person to rake, sweep, blow, wash, direct or place
any debris, including but not limited to yard waste, grass clippings, leaves,
sediment, trash, or debris of any kind into the storm drainage system of the
town, including any streets, storm drains, ditches, swales, streams, lakes,
culverts, rights-of-way, dedicated easements, or in any other area where it
might impede the flow of water through the storm drainage system of the town.
A violation of section 20-397 shall constitute a civil penalty in the amount of
$50.00 a day, with each day being a separate and distinct offense.
(2) It shall be the duty of all property owners within the town to take adequate
precautions on their property to ensure positive drainage on their property.
Such drainage may be provided either through natural or artificial drains found
to be adequate by the public works director or his/her designee. The owner
shall keep all ditches, drains, swales, and drainage routes free from
obstructions which would impede the flow of water.
(3) When it shall appear to the public works director or his/her designee that
drainage facilities or drainageways on any private property are, for any reason,
inadequate and prior notice has not resulted in correction of the problem
conditions, he shall notify the owner of the property by registered or certified
mail what corrective measures are required to render the drainage adequate.
The notice to the owner shall specify a reasonable time within which the
corrective measures should be taken. Notice to the owner whose address is
unknown shall be given to the person in whose name the property is listed for
taxation at the address shown on the tax records or to the agent of the owner
whose name appears upon the tax records.

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(4) If such corrective measures are not taken as required in the notice to the
owner, the public works director or his/her designee, upon approval by the
town council, may enter upon such premises and take the corrective measures
required and the town council may assess the cost thereof against the owner
of the property and such assessment shall become a lien on the property
which shall be collected as a money judgment.
(5) Any condition in violation of this section shall constitute a public nuisance,
subject to abatement as set forth in section 1.10.8 of the land use code.
(6) The following are preferred best management practices (BMPs) for yard waste
and debris:
a.

Prevent yard waste and debris from entering the street, storm drain, ditch,
or other parts of the drainage system.

Direct or blow yard waste back onto a lawn or landscape area.

Sweep, rake, and/or collect yard waste instead of hosing/sweeping off
driveways, sidewalks or other impervious surfaces.

Leave grass clippings on the lawn to decompose quickly and act as a
natural fertilizer and soil conditioner ("grass cycle").

Compost yard debris for use in the lawn, garden, or landscape.

Collect and contain yard waste for town collection service according to
specific yard waste collection policies. Do not use the town trash cart for
yard waste or debris.

Collect and dispose of waste at a legally authorized yard waste collection
facility.

READ, APPROVED AND ADOPTED, by a vote of _____ to _____ on this the 12th day
of October 2026.
________________________________________________
C. Michael Sobol, Mayor
ATTEST:
___________________________________________________
Wesley M. Barker, Town Clerk

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TOWN OF BLACK MOUNTAIN

AGENDA ITEM SUMMARY
SUBMITTER:

Larry Harris, Council Member

AGENDA SECTION: Unfinished Business
TITLE OF ITEM:

MEETING DATE:

October 12, 2026

DEPARTMENT:

Administration

Resolution Supporting Efforts to Pursue Funding for Town of Black
Mountain Public Safety Facilities

SUGGESTED MOTION(S):
Motion to approve the resolution as presented.
SUMMARY:
This resolution is intended to acknowledge ongoing efforts undertaken by the Town to
investigate the condition of the Public Safety Building and the site around the facility, as well as
express support of efforts to generate solutions to provide facilities supporting public safety
service provision.

BUDGET IMPACT:
Is this expenditure approved in the current fiscal year budget? N/A
If no, describe how it will be funded. N/A

ATTACHMENTS:
1. R-26-XX_Resolution in Support of Efforts to Restore Public Safety Facilities

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Council Member ______ made a motion to approve the following resolution. A vote of _-_ in
favor.
A RESOLUTION SUPPORTING EFFORTS TO RESTORE TOWN OF BLACK
MOUNTAIN PUBLIC SAFETY FACILITIES
RESOLUTION NO. R-26-XX
WHEREAS, the Town of Black Mountain Public Safety Building at 106 Montreat Rd.
experienced damage as a result of flooding and unstable bearing soils beneath the building
foundation; and
WHEREAS, this damage has caused structural instability to the building resulting in the
building’s partial condemnation and the evacuation of the fire, police, and EMS staff from the
facility; and
WHEREAS, Town staff have worked closely with North Carolina Emergency Management,
who have graciously provided temporary facilities to accommodate fire and police departments
for the short-term but these facilities are insufficient for the Town’s long-term needs; and
WHEREAS, the Town’s request for assistance to FEMA Public Assistance for the Public Safety
Building was initially denied and that determination is currently under appeal; and
WHEREAS, the Town has received funding from the Office of State Budget Management to
address these public safety needs; and
WHEREAS, the State of North Carolina has donated land located on North Fork Road for the
express purpose of housing police and fire facilities and this land is properly zoned for this use;
and
WHEREAS, the Town has received many reports regarding the condition of the Public Safety
Building, with recent assessments showing more deterioration of the building and the site
conditions; and
WHEREAS, these reports include the following:
•
•

•
•
•

A 1985 Nilsson & Watts engineering report establishing a baseline for the building
A 2011 ECS Carolinas soil boring report showing groundwater at 9-10 feet below the
slab in the three boring locations and soil conditions which did “not appear to present an
immediate threat to the structural integrity of the building; however, given time the
subsurface conditions aggravated by flooding and high water table events will likely
continue to cause additional distress to the structure”
A 2012 Medlock report showing minor additional deterioration over a 27-year period
compared with the 1985 Nilsson & Watts report
A 2019 Medlock engineering report that shows no noticeable changes occurred in the
structural instability between 2012 and 2019
A post-Helene 2024 Medlock report indicating the failure of the stormwater pipe running
under the Northeast corner of the building, with the pipe showing cracks and leaks

Resolution No. R-26-XX

Page 1 of 3

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•

A 2026 McGill & Associates report which included, among other findings, signs of
separation on both the North and East walls, differential settlement in the slab near the
North wall, and substantial horizontal cracking along the brick exterior on the North wall
A 2026 ESP Associates soil boring report with three cores taken – the two lower-level
slab cores showing standing groundwater at 0.8 feet and 1.0 feet below the top of the slab
and the upper-level core showing standing groundwater at 9.0 feet below the slab. This
report also states in its conclusions that “based on the results of the exploratory hand
auger borings [of which there were eight], the observed slab-on-grade and exterior veneer
distress within the northeastern portion of the PSB [Public Safety Building] structure
appears to be associated with variable near-surface low consistency fill soils and/or near
surface water beneath portions of the building.”

WHEREAS, the Town recognizes the need to maintain an active fire response facility in the
downtown area while also recognizing a unique opportunity to utilize the North Fork location for
police, EMS, and additional fire resources; and
WHEREAS, the Town has obtained a Preliminary Engineering Report, Site Plan, and
Environmental Review which indicate that this is a feasible site for a combined public safety
facility; and
WHEREAS, the Town, at the direction of North Carolina Emergency Management, has
submitted a grant application to the Building Resilient Infrastructure and Communities (BRIC)
program for the relocation of the combined public safety building to the North Fork Road
location; and
WHEREAS, if awarded, the BRIC grant would cover the majority of construction costs for this
facility.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF BLACK MOUNTAIN, NORTH CAROLINA, THAT:
1. The Town Council reiterates its support for efforts underway to explore avenues through
which to adequately fund a public safety facility and its intention to accept funding
through the BRIC program to build a public safety facility should the project be awarded
funding.
2. The Town Council reiterates its support of Town staff exploring additional grant
programs which could potentially fund the design and construction of a public safety
facility.

Adopted this 12th day of October, 2026.

_________________________
C. Michael Sobol, Mayor
Resolution No. R-26-XX

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Attest:
___________________________
Wesley M. Barker, Town Clerk

Resolution No. R-26-XX

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TOWN OF BLACK MOUNTAIN

AGENDA ITEM SUMMARY
SUBMITTER:

Richard Hicks, Interim Town
Manager

AGENDA SECTION: New Business
TITLE OF ITEM:

MEETING DATE:

October 12, 2026

DEPARTMENT:

Administration

Resolution Authorizing the Temporary Closure and Use of Honeycutt Street
for Temporary Fire and Police Facilities

SUGGESTED MOTION(S):
Motion to approve the resolution as presented temporarily closing Honeycutt Street.
SUMMARY:
With the installation of the temporary facilities for Fire and Police on Honeycutt Street, the
Council will need to adopt a resolution temporarily closing Honeycutt Street for a period of
time. State Statutes give the Town the authority to close streets on a temporary basis.

BUDGET IMPACT:
Is this expenditure approved in the current fiscal year budget? n/a
If no, describe how it will be funded. n/a

ATTACHMENTS:
1. R-26-87_Resolution for Temporary Closure of Honeycutt Street for Temp Fire and Police
Facilities_2026.10.12

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Council Member ______ made a motion to approve the following resolution. A vote of ____.
RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE AND USE
OF HONEYCUTT STREET FOR TEMPORARY FIRE AND POLICE FACILITIES
RESOLUTION NO. # R-26-XX
WHEREAS, the Town of Black Mountain (“Town”) is responsible for providing
essential municipal services, including fire protection, emergency response, law enforcement,
and related public-safety services; and
WHEREAS, the Town requires temporary facilities to maintain and provide essential
Fire and Police services during the period necessary to construct, repair, renovate, replace, or
otherwise restore permanent municipal facilities; and
WHEREAS, the Town owns the property adjoining Honeycutt Street proposed for
temporary use; and
WHEREAS, North Carolina General Statutes 160A-296 authorizes a municipality to
exercise control over its public streets and expressly authorizes a municipality to close any street
temporarily or permanently, subject to applicable law; and
WHEREAS, the Town Council has determined that the temporary closure and use of
Honeycutt Street is necessary and appropriate to facilitate the continued operation of essential
municipal Fire and Police services and to protect the health, safety, and welfare of the public;
and
WHEREAS, the Town intends for the closure authorized by this Resolution to be
temporary and does not intend by this action to permanently close, abandon, or discontinue
Honeycutt Street as a public street; and
WHEREAS, the Town Council desires to establish the authority and conditions under
which the temporary closure and use of Honeycutt Street shall occur.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Black
Mountain, North Carolina, as follows:
Section 1. Temporary Closure Authorized
The Town Council hereby authorizes the temporary closure to vehicular and general
public traffic on Honeycutt Street to accommodate the temporary municipal Fire and
Police facilities.
Resolution No. R-26-XX

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Section 2. Temporary Use of Right-of-Way
The Town is authorized to use Honeycutt Street for the placement, installation, access,
utility service, maintenance, and operation of temporary modular facilities and associated
improvements necessary to provide municipal Police and Fire services.
Section 3. Temporary Nature of Closure
The closure authorized by the Resolution is intended to be temporary. Nothing in the
Resolution shall constitute a permanent closing, abandonment, or discontinuance of
Honeycutt Street. Upon completion of the need for the temporary facilities, the Town
Manager shall take appropriate steps to reopen Honeycutt Street for public use, subject to
any further action of the Town Council that may be required.
Section 4. Duration
The temporary closure shall remain in effect for the period reasonably necessary to
accommodate the Town’s temporary Fire and Police facilities and related operations. The
Town Manager is authorized to establish the effective date of the closure and to
administer the closure consistent with this Resolution. If circumstances require
continuation of the temporary closure beyond the period originally anticipated by the
Town, the Town Manager shall report the circumstances to the Town Council and may
seek additional direction or authorization from the Council as appropriate.
Section 5. Traffic Control and Emergency Access
The Town Manager, Police Chief, Fire Chief and other appropriate Town officials are
authorized to establish and implement appropriate barricades, signs, traffic control
measures, emergency-access routes, and other measures necessary to protect public safety
and maintain reasonable emergency access during the closure.
Section 6. Compliance With Applicable Requirements
The Town Manager is authorized and directed to coordinate with appropriate Town staff
and governmental agencies to obtain any permits, approvals, inspections, utility
authorizations, or other approvals that may be required by applicable Federal, State, or
local law for the temporary facilities and their placement within the affected right-ofway.
Section 7. No Transfer of Ownership
Nothing in this Resolution shall be construed as conveying, abandoning, dedicating, or
transferring any ownership interest in Honeycutt Street or the Town’s right-of-way.
Section 8. Authority of Town Manager
Resolution No. R-26-XX

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The Town Manager is authorized to take all administrative actions reasonably necessary
to implement this Resolution, including coordinating the placement and operation of the
temporary facilities, establishing traffic control measures, coordinating utilities and site
improvements, and communicating the temporary closure to the affected governmental
agencies and the public.
Section 9. Effective Date
This Resolution shall become effective upon adoption.

ADOPTED this 12th day of October, 2026.

_______________________________________
C. Michael Sobol, Mayor

ATTEST:
_________________________________
Wesley Barker, Town Clerk

Resolution No. R-26-XX

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