or other weapons on this town of garner property

TOWN OF GARNERTOWN COUNCILWORK SESSIONSeptember 27, 20116:00 P.M.Garner Town HallCouncil Meeting Room

Town of GarnerTown CouncilW<strong>or</strong>k Session AgendaSeptember 27, 2011The Garner Town Council will meet in a W<strong>or</strong>k Session at 6:00 p.m. on Tuesday, September 27, 2011 inthe Town Hall Council Meeting Room to discuss the following:Dinner will be served f<strong>or</strong> Town Officials at 5:15 p.m. in the Conference Room.A. CALL MEETING TO ORDERB. OLD/NEW BUSINESSC. REPORTSD. ADJOURNMENT1. Revision to the Town Code Regarding Firearms & WeaponsPresenter: Chief Brandon Zuidema2. Revisions to the Personnel Policy Regarding Employment of RelativesPresenter: Kimberly St<strong>or</strong>ey, Human Resources Interim Direct<strong>or</strong>3. Capital Area Metropolitan Planning Organization (CAMPO) Locally AdministeredProject Program ApplicationPresenter: Brad Bass, Planning Direct<strong>or</strong>4. TIGER III Grant Application Update & Guidance f<strong>or</strong> Pre-ApplicationPresenter: John Hodges, GRA Direct<strong>or</strong>1. Fire Department Bi-Monthly Rep<strong>or</strong>tPresenter: Matt Poole, Fire Chief2. Neighb<strong>or</strong>hood Improvement UpdatePresenter: Reginald Buie, Neighb<strong>or</strong>hood Improvement Manager3. Economic UpdatePresenter: Lin Jones, Finance Direct<strong>or</strong>Note: The W<strong>or</strong>k Session does not include any Public Hearings <strong>or</strong> Public Comment Section during said meeting.Page 1

Garner Police DepartmentMem<strong>or</strong>andumTo:From:CC:Hon<strong>or</strong>able May<strong>or</strong> Ronnie Williams and Members of Town CouncilBrandon V. Zuidema, Chief of PoliceMr. Hardin Watkins, Town ManagerDate: September 19, 2011Re: Request f<strong>or</strong> amendment of TOG Ordinances 18-1 and 18-2The purpose of this mem<strong>or</strong>andum is to request that you consider adoptingamendments to TOG Ordinance §18-1 (Discharge of firearms; seizure of firearms;applicability of section) and TOG Ordinance §18-2 (Weapons prohibited on townproperty). These changes are necessary as the result of the Govern<strong>or</strong> signing 2011House Bill 650 (the “Castle Doctrine”) and the need to modify the language in our<strong>or</strong>dinances to comply with state law.I am including a copy of my full rep<strong>or</strong>t to Mr. Watkins on this matter f<strong>or</strong> your review.In sh<strong>or</strong>t, we are asking f<strong>or</strong> you to consider the following changes to the <strong>or</strong>dinances:TOG Ordinance §18-1:- Eliminate language in subsection (a) that is redundant to language later in thesame <strong>or</strong>dinance;- Amend the language in subsection (c) to reflect the change in name f<strong>or</strong> the Parks,Recreation and Cultural Arts Department;- Amend the language in subsection (d) to m<strong>or</strong>e clearly define who is considered a“lawful officer” f<strong>or</strong> the purposes of discharging a firearm in the line of duty; and- Amend the language in subsection (d) to remove the reference auth<strong>or</strong>izing theuse of a firearm to protect property and to have the <strong>or</strong>dinance use new languageintroduced in N<strong>or</strong>th Carolina General Statute (NCGS) as of December 1, 2011.Page 2

TOG Ordinance §18-2:- The title of the <strong>or</strong>dinance should be amended to add a specific reference tofirearms; because the NCGS differentiates between firearms and <strong>other</strong> <strong>weapons</strong>,we also should f<strong>or</strong> consistency;- §18-2 (a) should be amended by dividing it into four sections, one dealing withany possession of firearms in Town buildings, one dealing with possession offirearms in Town parks, one dealing with concealed carry of handguns atrecreational facilities and one dealing with <strong>other</strong> <strong>weapons</strong> as defined in NCGS.This change is necessary because of the change in NCGS that removes ourauth<strong>or</strong>ity to prohibit the carrying of concealed handguns in Town Parks;- §18-2 (b) should be amended to include Wake County Animal Control Officersalong with Town of Garner Animal Control Officers as either could potentially usea dart gun in the perf<strong>or</strong>mance of their duties;- §18-2 (c) should be amended to clarify the language necessary f<strong>or</strong> differentfacilities covered in the revised <strong>or</strong>dinance. This is also related to the change inNCGS that limits our ability to restrict concealed carry of handguns only to athleticfacilities, athletic fields and playgrounds inside parks;- §18-2 (e) should be amended to add a specific reference to handguns. Thischange will create greater consistency with NCGS; and- A subsection should be added to clarify that the st<strong>or</strong>age of a firearm does notconstitute a violation of this <strong>or</strong>dinance. This change also makes our <strong>or</strong>dinanceconsistent with NCGS.The proposed amended <strong>or</strong>dinances are included in the full packet included with thismem<strong>or</strong>andum. They have been reviewed by staff and by Mr. Anderson and we areasking f<strong>or</strong> your review and consideration so that we can come into compliance withNCGS amendments that are effective December 1, 2011.These amendments will also require changes to our signage at Town facilities andparks; recommendations f<strong>or</strong> these changes are also included in the full packet.Page 3

Garner Police DepartmentMem<strong>or</strong>andumTo:From:CC:Mr. Hardin Watkins, Town ManagerBrandon V. Zuidema, Chief of PoliceMr. Bill Anderson, Town Att<strong>or</strong>neyMrs. Sonya Shaw, Direct<strong>or</strong> - Parks, Recreation and Cultural ResourcesDeputy Chief Eric CopelandLieutenant Paul ShambaughDate: September 16, 2011Re:Revision to the Town Ordinance on Firearms & WeaponsAs you are aware, the Govern<strong>or</strong> has signed 2011 House Bill 650 (also known as Session Law 2011-268 <strong>or</strong> the “Castle Doctrine”) which becomes law in N<strong>or</strong>th Carolina effective December 1, 2011. Thepassing of this law and the incident in June on Nellane Drive involving the discharge of a firearm inpublic led me to have Lieutenant Shambaugh conduct a review of the current Town <strong>or</strong>dinance toevaluate whether any changes were required due to changes in the N<strong>or</strong>th Carolina General Statutesand concerns with the language of the current <strong>or</strong>dinance.As the result of Lieutenant Shambaugh’s rep<strong>or</strong>t, my review of the issue, consultation with Mrs. SonyaShaw and consultation with the UNC School of Government we are recommending the followingchanges:1) Modification to the language in §18-1 (Discharge of firearms; seizure of firearms; applicability ofsection)2) Modification to the language in §18-2 (Weapons prohibited on town property) of the TownOrdinance3) Revisions to our current procedures f<strong>or</strong> posting signage related to prohibiting <strong>weapons</strong> on townproperty.(Note – any reference to concealed carry of a handgun in this mem<strong>or</strong>andum is intended to referonly to lawful concealed carry based on a valid permit issued by N<strong>or</strong>th Carolina <strong>or</strong> an<strong>other</strong> statein acc<strong>or</strong>dance with NCGS §14-269 and §14-415.24).Page 4Page 1 of 23

Recommended Revision to Town Firearms Ordinance September 2011TOG Ordinance §18-1 (Discharge of firearms; seizure of firearms; applicability of section):The language in the second half of sub-section (a) which exempts law enf<strong>or</strong>cement officers from theprohibition on discharging a firearm can be removed as this issue is addressed in sub-section (d) ofthis same <strong>or</strong>dinance.The language in sub-section (c) of this <strong>or</strong>dinance should be amended to reflect the name change f<strong>or</strong>the Parks, Recreation and Cultural Resources Department.The current language in sub-section (d) of this <strong>or</strong>dinance reads “The provisions of this section shallnot be construed to prohibit the lawful discharge of a firearm by any lawful officer in the discharge ofhis duty <strong>or</strong> by any person in the lawful defense of persons and property.” There are two p<strong>or</strong>tions ofthis subsection that require modification.First, “any lawful officer” should be modified to read “any sw<strong>or</strong>n law enf<strong>or</strong>cement officer <strong>or</strong> N<strong>or</strong>thCarolina licensed protective services officer” to ensure that there is no confusion as to who the<strong>or</strong>dinance is intended to provide an exemption to. This language will protect federal, state and locallaw enf<strong>or</strong>cement officers as well as armed security guards licensed by N<strong>or</strong>th Carolina should theydischarge a firearm in the lawful perf<strong>or</strong>mance of their duties.Second, the “…<strong>or</strong> by any person in the lawful defense of persons and property” language in thissubsection should be modified to m<strong>or</strong>e clearly define the concept of “lawful defense of persons” – theacceptable conditions under which a firearm may be discharged (i.e. when deadly f<strong>or</strong>ce may beused) in the defense of a person. Any specific reference to the discharge of a firearm (i.e. the use ofdeadly f<strong>or</strong>ce) to protect property should be stricken from the <strong>or</strong>dinance as such action is unlawful andinconsistent with the intent of such an <strong>or</strong>dinance.House Bill 650 (relevant sections are included in the addendum to this mem<strong>or</strong>andum) includes asignificant change to the language in NCGS by replacing §14-51.1 “Use of deadly physical f<strong>or</strong>ceagainst an intruder” and replacing it with §14-51.2 (“Home, w<strong>or</strong>kplace, and mot<strong>or</strong> vehicle protection;presumption of fear of death <strong>or</strong> serious bodily injury”), §14-51.3 (“Use of f<strong>or</strong>ce in defense of person;relief from criminal <strong>or</strong> civil liability”) and §14-51.4 (“Justification f<strong>or</strong> defensive f<strong>or</strong>ce not available”)which are relevant to this review (these sections are included in the addendum).In sh<strong>or</strong>t, the existing section (§14-51.1) establishes the right f<strong>or</strong> residents to use deadly f<strong>or</strong>ce againstan intruder in a home and clarifies that a resident has no obligation to retreat bef<strong>or</strong>e doing so. Therevisions significantly expand on this concept by including home, w<strong>or</strong>k and mot<strong>or</strong> vehicles as “places”to be protected, they add a significant amount of detail to defining the circumstances whereby deadlyf<strong>or</strong>ce is auth<strong>or</strong>ized, they clarify issues related to liability if deadly f<strong>or</strong>ce is used and they clarifysituations when the use of deadly f<strong>or</strong>ce is specifically not permitted.Page 5Page 2 of 23

Recommended Revision to Town Firearms Ordinance September 2011It is our recommendation that we amend Town Ordinance 18-1, sub-sections (a), (c) and (d) to readas follows (with changes shown):(a) It shall be unlawful f<strong>or</strong> any person to shoot <strong>or</strong> discharge within the c<strong>or</strong>p<strong>or</strong>ate limits of thetown <strong>or</strong> on any town-owned property any gun, pistol <strong>or</strong> <strong>other</strong> firearm, <strong>or</strong> air rifle, pellet gun,BB gun, <strong>or</strong> similar device, by whatever name, f<strong>or</strong> throwing a metal projectile by use of springaction <strong>or</strong> compressed air; provided, however, that this paragraph does not prohibit thedischarge of firearms by any law enf<strong>or</strong>cement officer in the discharge of his duty, includingthe shooting of birds, animals <strong>or</strong> reptiles as set f<strong>or</strong>th in section 3-13(b) and (c).(c) The provisions of this section shall not be construed to prohibit the discharge of firearmseither during the course of instruction in their use by the police department of the town <strong>or</strong> ona firing range after inspection and approval of the use of such range by the chief Chief ofpolice Police from the standpoint of public safety, <strong>or</strong> to the firing of firearms withoutprojectiles in <strong>or</strong>ganized educational, entertainment, instructional <strong>or</strong> ceremonial events,spons<strong>or</strong>ed by the Garner Parks, and Recreations and Cultural Resources Department. Suchinspection and approval shall be evidenced by a written permit issued by the chief Chief ofPolice to the applicant, and the chief Chief shall impose any condition <strong>or</strong> conditions upon theuse of such range deemed by him to be necessary and prudent with due regard to life,property and public safety. Such permit shall be revocable by the chief Chief upon a findingby him that the permit holder is not exercising the privilege of such permit in a careful andprudent manner and with due regard to life and property.(d) “The provisions of this section shall not be construed to prohibit the lawful discharge of afirearm by any sw<strong>or</strong>n law enf<strong>or</strong>cement officer <strong>or</strong> N<strong>or</strong>th Carolina licensed protective servicesofficer any lawful officer in the discharge of his duty <strong>or</strong> by any person in the lawful defense ofpersons and propertythemselves <strong>or</strong> an<strong>other</strong> as prescribed in G.S. Chapter 14, Article 14(Burglary and Other Housebreakings).”These changes will address the concerns noted with the language of the existing <strong>or</strong>dinance and willbring us into compliance with the upcoming changes to the NCGS.TOG Ordinance §18-2 (Weapons prohibited on town property):In <strong>or</strong>der to clearly w<strong>or</strong>k through this discussion, I feel it is imp<strong>or</strong>tant to provide some backgroundrelated to firearms law in N<strong>or</strong>th Carolina. As you are aware, the 2 nd Amendment to the United StatesConstitution guarantees citizens the right to bear arms. This concept is mirr<strong>or</strong>ed in the N<strong>or</strong>thCarolina Constitution in Article 1, Section 30 which establishes the right of citizens here to bear arms;however, it also states (paraphrasing) that there is no inherent right to carry <strong>weapons</strong> concealed andthat the state can regulate concealed carry. (The full section is included in the addendum).NCGS §14-409.40 (“Statewide unif<strong>or</strong>mity of local regulation”) subsection (f) auth<strong>or</strong>izes municipalitiesauth<strong>or</strong>ity “…including prohibiting the possession of firearms in public-owned buildings, on thegrounds <strong>or</strong> parking areas of those buildings, <strong>or</strong> in public parks <strong>or</strong> recreation areas, except nothing inthis subsection shall prohibit a person from st<strong>or</strong>ing a firearm within a mot<strong>or</strong> vehicle while the vehicleis on these grounds <strong>or</strong> areas.” This piece of legislation is what allows the Town of Garner to be m<strong>or</strong>erestrictive than the N<strong>or</strong>th Carolina Constitution by restricting any possession of a firearm on theaf<strong>or</strong>ementioned Town properties.Page 6Page 3 of 23

Recommended Revision to Town Firearms Ordinance September 2011This auth<strong>or</strong>ity is restricted in terms of what is allowed by the N<strong>or</strong>th Carolina law regarding theissuance of permits to carry concealed handguns. NCGS §14-269 (“Carrying concealed <strong>weapons</strong>”)auth<strong>or</strong>izes individuals to carry a concealed handgun so long as the individual has a concealedhandgun permit issued by N<strong>or</strong>th Carolina <strong>or</strong> by an<strong>other</strong> state in acc<strong>or</strong>dance with NCGS 14-415.24(“Reciprocity; out-of-state handgun permits). There are some statewide restrictions on the carrying ofa concealed handgun by permit that are defined in NCGS §14-415.11 (“Permit to carry concealedhandgun; scope of permit”), but none of those apply to properties owned by municipalities.However, NCGS §14-415.23 (“Statewide unif<strong>or</strong>mity”) currently provides municipalities with theauth<strong>or</strong>ity to “…adopt an <strong>or</strong>dinance to permit the posting of a prohibition against carrying a concealedhandgun, in acc<strong>or</strong>dance with NCGS §14-415.11(c), on local government buildings, their appurtenantpremises and parks.” (See below f<strong>or</strong> changes related to Town parks).Theref<strong>or</strong>e, the Town of Garner currently has the lawful ability to do the following:1) Prohibit the possession (i.e. open carry) of firearms in Town buildings and on the propertywhere those buildings exist and/<strong>or</strong> in public parks and recreation areas in acc<strong>or</strong>dance withNCGS §14-409.40.2) Prohibit the concealed carry of handguns in local government buildings, on their appurtenantpremises and in Town parks so long as an <strong>or</strong>dinance is in place establishing such restrictions(which we have in §18-2 of the Town Ordinance).3) Prohibit the possession (i.e. open carry) of <strong>other</strong> “<strong>weapons</strong>” (as defined in NCGS §14-269) inTown buildings and on the property where those buildings exist and/<strong>or</strong> in public parks andrecreations areas as there is no constitutional <strong>or</strong> statut<strong>or</strong>y protection f<strong>or</strong> individuals to carrysuch <strong>weapons</strong>.Note – there is no need to have an <strong>or</strong>dinance specifically addressing the carrying of concealed<strong>weapons</strong> <strong>other</strong> than firearms as NCGS §14-269 prohibits such activity statewide.There are two areas of concern with §18-2 of the Town Ordinance: the current language on <strong>weapons</strong>versus firearms and the recent change in the NCGS regarding our auth<strong>or</strong>ity to prohibit concealedcarry of handguns in Town parks.The current <strong>or</strong>dinance refers only to a prohibition on “possessing <strong>weapons</strong> as defined in G.S. in 14-269…” and does not speak specifically to firearms. NCGS §14-269 differentiates between“<strong>weapons</strong>” and “firearms” in establishing rules f<strong>or</strong> concealed carry. Additionally, NCGS §14-415.23indicates that a “unit of local government may adopt an <strong>or</strong>dinance to permit the posting of aprohibition against carrying a concealed handgun…”Page 7Page 4 of 23

Recommended Revision to Town Firearms Ordinance September 2011With this in mind, §18-2 should be clarified to speak specifically to a prohibition on firearms and<strong>weapons</strong> (as NCGS differentiates between the two), including prohibiting the concealed carry ofhandguns where we have the auth<strong>or</strong>ity to do so. It should also be clarified to not create a prohibitionagainst the st<strong>or</strong>age of a firearm in a vehicle.The second issue related to this <strong>or</strong>dinance results from a change in the language of NCGS §14-415.23 that becomes law December 1, 2011. Where this section previously auth<strong>or</strong>ized units of localgovernment to prohibit carrying concealed handguns on “local government buildings, theirappurtenant premises, and parks” the language has been modified to instead read “local governmentbuildings and their appurtenant premises” and “on municipal and county recreational facilities that arespecifically identified by the unit of local government.” The new law further describes “recreationalfacilities” as “…only the following: a playground, an athletic field, a swimming pool, and an athleticfacility.”In attempting to determine how exactly to define these locations, we have spoken with Mr. Jeff Weltyof the UNC School of Government and Police and Parks and Recreation staff have attended awebinar on this topic hosted by Mr. Welty and Mr. Mike Waters, the Executive Direct<strong>or</strong> of the N<strong>or</strong>thCarolina Recreation and Park Association.The consensus at this time is that there is no specific definition and that any clarification will likelycome when the new law is challenged in court. However, it appears that the change in law doesremove the “blanket” auth<strong>or</strong>ity f<strong>or</strong> prohibiting concealed carry of handguns in all Town parks as wecurrently do.Theref<strong>or</strong>e, we can no longer have an <strong>or</strong>dinance that prohibits concealed carry of a handgun in Townparks; we can only prohibit concealed carry of a handgun (if we choose to) on playgrounds, athleticfields and in athletic facilities (we have no pools). If we choose to do so, we must also specificallydefine each of these locations in the Town Ordinance and signage will have to be placed acc<strong>or</strong>dingly.I have spoken with Mrs. Shaw and it is the preference of her staff that the Town continues to maintainan <strong>or</strong>dinance that restricts the carry of handguns and <strong>weapons</strong> in all parks facilities to the extent thatthe law will allow. We supp<strong>or</strong>t Mrs. Shaw and Parks and Rec staff in this regard and theref<strong>or</strong>erecommend that we amend the current <strong>or</strong>dinance to prohibit the concealed carry of handguns asallowed by law.With the af<strong>or</strong>ementioned inf<strong>or</strong>mation taken into consideration, it is our recommendation that §18-2 ofthe Town Ordinance be amended as follows:- The title of the <strong>or</strong>dinance should be amended to add a specific reference to firearms.Page 8Page 5 of 23

Recommended Revision to Town Firearms Ordinance September 2011- §18-2 (a) should be amended by dividing it into four sections, one dealing with any possession offirearms in Town buildings, one dealing with possession of firearms in Town parks, one dealingwith concealed carry of handguns at recreational facilities and one dealing with <strong>other</strong> <strong>weapons</strong> asdefined in NCGS.- §18-2 (b) should be amended to include Wake County Animal Control Officers along with Townof Garner Animal Control Officers as either could potentially use a dart gun in the perf<strong>or</strong>mance oftheir duties.- §18-2 (c) should be amended to clarify the language necessary f<strong>or</strong> different locations covered inthe revised <strong>or</strong>dinance.- §18-2 (e) should be amended to add a specific reference to handguns.- A subsection should be added to clarify that the st<strong>or</strong>age of a firearm does not constitute aviolation of this <strong>or</strong>dinance.Our recommendation f<strong>or</strong> the revised <strong>or</strong>dinance is as follows:Sec. 18-2. -– Firearms and <strong>other</strong> W<strong>weapons</strong> prohibited on town property.(a) Except as provided in subsection (bg) below all persons are prohibited from possessing<strong>weapons</strong> any firearm, including a handgun carried under the auth<strong>or</strong>ity of a lawful concealedhandgun permit, as defined G.S. 14-269 in town owned buildings, and their appurtenantpremises, and parks, as defined herein. F<strong>or</strong> the purposes of this section, "buildings" isdefined as set f<strong>or</strong>th in G.S. 14-54(c) as including any dwelling, dwelling house, uninhabitedhouse, building under construction, building within the curtilage of a dwelling house, and any<strong>other</strong> structure designed to house <strong>or</strong> secure within it any activity <strong>or</strong> property.(b) Except as provided in subsection (g) below all persons are prohibited from possessing anyfirearm, unless carried concealed under the auth<strong>or</strong>ity of a lawful concealed handgun permit,in any town park. However, the exception f<strong>or</strong> concealed carry on a lawful concealedhandgun permit does not apply to those locations identified in subsection (c).(c) Except as provided in subsection (g) below all persons are prohibited from possessing anyfirearm, including a concealed handgun carried under the auth<strong>or</strong>ity of a lawful concealedhandgun permit, at the following town recreational facilities (i.e. athletic facilities, athleticfields and playgrounds) in acc<strong>or</strong>dance with G.S. 14-415.23:(1) The Avery Street recreation facility located at 125 Avery Street;(2) The Avery Street recreation center annex located at 201 Avery Street;(3) The athletic field and playground inside Avery Street Park located at 201 Avery Street;(4) The playground and soccer fields inside Centennial Park located at 1015 New BethelChurch Road;(5) The playground and baseball field inside Creech Road Elementary School Park locatedat 300 Creech Road;Page 9Page 6 of 23

Recommended Revision to Town Firearms Ordinance September 2011(6) The tennis courts located at 190 Creech Road;(7) The playground and baseball fields inside Garner Recreational Park located at 221 EastGarner Road;(8) The playground inside Greenbrier Park located at 613 Winterlochen Drive;(9) The playground inside Jaycee Park located at 1300 Vand<strong>or</strong>a Springs Road;(10) The playgrounds inside Lake Benson Park located at 921 Buffaloe Road;(11) The baseball field, basketball court and playground inside Rand Mill Road park locatedat 608 Rand Mill Road;(12) The baseball fields, multipurpose athletic field, playground and tennis courts insideSouth Garner Park located at 1210 Poole Drive;(13) The football field located inside Thompson Road Park located at 550 Thompson Road;and(14) The playgrounds located inside White Deer Park located at 2400 Aversb<strong>or</strong>o Road.(d) Except as provided in subsection (g) below all persons are prohibited from possessing<strong>weapons</strong>, <strong>other</strong> than firearms, as defined in G.S. §14-269 in town owned buildings, theirappurtenant premises, and in town parks and recreational facilities, as defined herein.(e) Nothing herein is intended to prohibit a person from st<strong>or</strong>ing a firearm within a mot<strong>or</strong> vehiclewhile the vehicle is on the af<strong>or</strong>ementioned properties in the town.(f) F<strong>or</strong> the purposes of this section, "buildings" is defined as set f<strong>or</strong>th in G.S. §14-54(c) asincluding any dwelling, dwelling house, uninhabited house, building under construction,building within the curtilage of a dwelling house, and any <strong>other</strong> structure designed to house<strong>or</strong> secure within it any activity <strong>or</strong> property.(b)(g) This prohibition shall not apply to the following persons:(1) Officers and enlisted personnel of the armed f<strong>or</strong>ces of the United States when indischarge of their official duties as such and acting under <strong>or</strong>ders requiring them to carryarms and <strong>weapons</strong>;(2) Civil officers of the United States while in the discharge of their official duties;(3) Officers and soldiers of the militia and the national guard when called into actual service;(4) Sw<strong>or</strong>n law enf<strong>or</strong>cement officers;(5) Town of Garner <strong>or</strong> Wake County animal control officers.(6) Persons firing firearms without projectiles in <strong>or</strong>ganized educational, entertainment,instructional, <strong>or</strong> ceremonial events spons<strong>or</strong>ed by the Garner Parks, and Recreations andCultural Resources Department.(c)(h) A conspicuous notice shall be posted at each entrance to any property <strong>or</strong> facility set f<strong>or</strong>thin (a), (b), <strong>or</strong> (c) above stating: "Possession of <strong>weapons</strong> <strong>or</strong> carrying a concealed handgunon these premises is prohibited."outlining the restrictions prescribed in this section.(d)(i) Any person in violation of this section shall be guilty of a misdemean<strong>or</strong> and uponconviction shall be fined five hundred dollars ($500.00) <strong>or</strong> imprisoned f<strong>or</strong> six (6) months <strong>or</strong>both.Page 10Page 7 of 23

Recommended Revision to Town Firearms Ordinance September 2011(e)(j) Firearms and <strong>other</strong> W<strong>weapons</strong> possessed in violation of this <strong>or</strong>dinance are herebydeclared to be contraband. The chief Chief of police Police <strong>or</strong> his designee shall dispose ofsuch <strong>weapons</strong> pursuant to applicable state law.Signage Issues:In addition to the amendment to §18-2 of the Town Ordinance, there will also be a need to update thesignage related to this section. The language on most signs currently in use is as follows: “Section18-2 of the Code of Ordinances makes it unlawful to possess firearms <strong>or</strong> concealed <strong>weapons</strong> onproperty belonging to the Town of Garner” (see the sign example in the addendum). This languagedoes not reflect our current <strong>or</strong>dinance as it does not clearly prohibit “<strong>weapons</strong>” as the <strong>or</strong>dinanceintends and our <strong>or</strong>dinance only addresses concealed handguns (as allowed by law); <strong>other</strong> concealed<strong>weapons</strong> are addressed by NCGS §14-269.With the changes to the NCGS and, subsequently, our Town <strong>or</strong>dinance, it will be necessary t<strong>or</strong>eplace signage at all parks. Because of the inadequate language on the current signage f<strong>or</strong> our<strong>other</strong> facilities, it is our recommendation that all signs related to this <strong>or</strong>dinance throughout the Townbe replaced as follows:F<strong>or</strong> Town Hall and <strong>other</strong> Town properties that are not parks where we intend to prohibit allfirearms and all <strong>weapons</strong> (including concealed handguns), the signage should read as follows:“Section 18-2 of the Code of Ordinances makes it unlawful to possess firearms (includingconcealed handguns) <strong>or</strong> <strong>other</strong> <strong>weapons</strong> on this Town of Garner property.”F<strong>or</strong> the entrances to Town parks where we intend to prohibit all firearms (except concealedhandguns carried lawfully) and all <strong>weapons</strong>, the signage should read as follows:“Section 18-2 of the Code of Ordinances makes it unlawful to open carry firearms <strong>or</strong> to possess<strong>other</strong> <strong>weapons</strong> in this Town of Garner Park.”F<strong>or</strong> the athletic fields and playgrounds where we intend to prohibit all firearms (includingconcealed handguns) and all <strong>weapons</strong>, the signage should read as follows:“Section 18-2 of the Code of Ordinances makes it unlawful to possess firearms (includingconcealed handguns) <strong>or</strong> <strong>other</strong> <strong>weapons</strong> on this Town of Garner athletic field / playground.”It would be our intention to col<strong>or</strong> code the signs to avoid confusion when posting them; the new signswill be brown f<strong>or</strong> Town buildings, green f<strong>or</strong> park entrances and black f<strong>or</strong> athletic fields andplaygrounds (we will avoid blue to ensure that all current signs, which are blue in col<strong>or</strong>, get replaced).Samples of the new signs are included with this packet.Page 11Page 8 of 23

Recommended Revision to Town Firearms Ordinance September 2011Although these changes do not have to be in place until December 1, 2011 we felt it appropriate toget this to you as soon as possible so you, Mr. Anderson and ultimately the Town Council could havesufficient time to consider the necessary changes.I would recommend that we schedule a meeting with you, Mr. Anderson and Police and Parks andRecreation representatives once you have had a chance to review this material. Please contact me ifyou require any additional inf<strong>or</strong>mation on this matter.Page 12Page 9 of 23

Recommended Revision to Town Firearms Ordinance September 2011Addendum – Reference Inf<strong>or</strong>mation1) Current Town of Garner Firearms OrdinancesSec. 18-1. - Discharge of firearms; seizure of firearms; applicability of section.(a)(b)(c)(d)It shall be unlawful f<strong>or</strong> any person to shoot <strong>or</strong> discharge within the c<strong>or</strong>p<strong>or</strong>ate limits of thetown <strong>or</strong> on any town-owned property any gun, pistol <strong>or</strong> <strong>other</strong> firearm, <strong>or</strong> air rifle, pelletgun, BB gun, <strong>or</strong> similar device, by whatever name, f<strong>or</strong> throwing a metal projectile by useof spring action <strong>or</strong> compressed air; provided, however, that this paragraph does notprohibit the discharge of firearms by any law enf<strong>or</strong>cement officer in the discharge of hisduty, including the shooting of birds, animals <strong>or</strong> reptiles as set f<strong>or</strong>th in section 3-13(b) and(c).Any town policeman is hereby auth<strong>or</strong>ized to seize and hold subject to court <strong>or</strong>der anysuch gun, pistol <strong>or</strong> <strong>other</strong> firearm which shall have been shot <strong>or</strong> discharged within the townin violation of this section.The provisions of this section shall not be construed to prohibit the discharge of firearmseither during the course of instruction in their use by the police department of the town <strong>or</strong>on a firing range after inspection and approval of the use of such range by the chief ofpolice from the standpoint of public safety, <strong>or</strong> to the firing of firearms without projectiles in<strong>or</strong>ganized educational, entertainment, instructional <strong>or</strong> ceremonial events, spons<strong>or</strong>ed bythe Garner Parks and Recreations Department. Such inspection and approval shall beevidenced by a written permit issued by the chief to the applicant, and the chief shallimpose any condition <strong>or</strong> conditions upon the use of such range deemed by him to benecessary and prudent with due regard to life, property and public safety. Such permitshall be revocable by the chief upon a finding by him that the permit holder is notexercising the privilege of such permit in a careful and prudent manner and with dueregard to life and property.The provisions of this section shall not be construed to prohibit the lawful discharge of afirearm by any lawful officer in the discharge of his duty <strong>or</strong> by any person in the lawfuldefense of persons and property.(Ord. No. 1006, § 24, 4-6-59; Ord. No. 1171, § 1, 10-2-67; Ord. No. 1229, § 1, 11-9-70; Ord.No. 2296, § 2, 9-20-88; Ord. No. 2445, § 1, 9-18-90; Ord. No. 2569, § 1, 2-16-93; Ord. No.2902, § 1, 4-26-98)Cross reference—Firing <strong>weapons</strong> within bird sanctuary unlawful, § 3-13.State law reference—Auth<strong>or</strong>ity f<strong>or</strong> town to regulate the use of firearms, G.S. § 160A-189.Sec. 18-2. - Weapons prohibited on town property.(a)Except as provided in subsection (b) below all persons are prohibited from possessing<strong>weapons</strong> as defined G.S. 14-269 in town owned building, their appurtenant premises,and parks, as defined herein. F<strong>or</strong> the purposes of this section, "buildings" is defined asset f<strong>or</strong>th in G.S. 14-54(c) as including any dwelling, dwelling house, uninhabited house,building under construction, building within the curtilage of a dwelling house, and any<strong>other</strong> structure designed to house <strong>or</strong> secure within it any activity <strong>or</strong> property.Page 13Page 10 of 23

Recommended Revision to Town Firearms Ordinance September 2011(b)(c)(d)(e)This prohibition shall not apply to the following persons:(1)Officers and enlisted personnel of the armed f<strong>or</strong>ces of the United States when indischarge of their official duties as such and acting under <strong>or</strong>ders requiring themto carry arms and <strong>weapons</strong>;(2)Civil officers of the United States while in the discharge of their official duties;(3)Officers and soldiers of the militia and the national guard when called into actualservice;(4)Sw<strong>or</strong>n law enf<strong>or</strong>cement officers;(5)Town of Garner animal control officers.(6)Persons firing firearms without projectiles in <strong>or</strong>ganized educational,entertainment, instructional, <strong>or</strong> ceremonial events spons<strong>or</strong>ed by the GarnerParks and Recreations Department.A conspicuous notice shall be posted at each entrance to any property set f<strong>or</strong>th in (a)above stating: "Possession of <strong>weapons</strong> <strong>or</strong> carrying a concealed handgun on thesepremises is prohibited."Any person in violation of this section shall be guilty of a misdemean<strong>or</strong> and uponconviction shall be fined five hundred dollars ($500.00) <strong>or</strong> imprisoned f<strong>or</strong> six (6) months<strong>or</strong> both.Weapons possessed in violation of this <strong>or</strong>dinance are hereby declared to be contraband.The chief of police <strong>or</strong> his designee shall dispose of such weapon pursuant to applicablestate law.(Ord. No. 2702, item 1, 9-19-95Ord. No. 2854, § 1, 7-6-98; Ord. No. 2902, § 2, 4-26-99)Page 14Page 11 of 23

Recommended Revision to Town Firearms Ordinance September 20112) Proposed Town of Garner Firearms OrdinancesSection 18-1: Discharge of firearms; seizure of firearms; applicability of section(a) It shall be unlawful f<strong>or</strong> any person to shoot <strong>or</strong> discharge within the c<strong>or</strong>p<strong>or</strong>ate limits of the town <strong>or</strong> onany town-owned property any gun, pistol <strong>or</strong> <strong>other</strong> firearm, <strong>or</strong> air rifle, pellet gun, BB gun, <strong>or</strong> similardevice, by whatever name, f<strong>or</strong> throwing a metal projectile by use of spring action <strong>or</strong> compressed air.(b) Any town policeman is hereby auth<strong>or</strong>ized to seize and hold subject to court <strong>or</strong>der any such gun, pistol<strong>or</strong> <strong>other</strong> firearm which shall have been shot <strong>or</strong> discharged within the town in violation of this section.(c) The provisions of this section shall not be construed to prohibit the discharge of firearms either duringthe course of instruction in their use by the police department of the town <strong>or</strong> on a firing range afterinspection and approval of the use of such range by the Chief of Police from the standpoint of publicsafety, <strong>or</strong> to the firing of firearms without projectiles in <strong>or</strong>ganized educational, entertainment,instructional <strong>or</strong> ceremonial events, spons<strong>or</strong>ed by the Garner Parks, Recreation and CulturalResources Department. Such inspection and approval shall be evidenced by a written permit issuedby the Chief of Police to the applicant, and the Chief shall impose any condition <strong>or</strong> conditions uponthe use of such range deemed by him to be necessary and prudent with due regard to life, propertyand public safety. Such permit shall be revocable by the Chief upon a finding by him that the permitholder is not exercising the privilege of such permit in a careful and prudent manner and with dueregard to life and property.(d) The provisions of this section shall not be construed to prohibit the lawful discharge of a firearm byany sw<strong>or</strong>n law enf<strong>or</strong>cement officer <strong>or</strong> N<strong>or</strong>th Carolina licensed protective services officer in thedischarge of his duty <strong>or</strong> by any person in the lawful defense of themselves <strong>or</strong> an<strong>other</strong> as prescribed inG.S. Chapter 14, Article 14 (Burglary and Other Housebreakings).Section 18-2: Firearms and <strong>other</strong> <strong>weapons</strong> prohibited on town property.(a) Except as provided in subsection (g) below all persons are prohibited from possessing any firearm,including a handgun carried under the auth<strong>or</strong>ity of a lawful concealed handgun permit, in town ownedbuildings and their appurtenant premises, as defined herein.(b) Except as provided in subsection (g) below all persons are prohibited from possessing any firearm,unless carried concealed under the auth<strong>or</strong>ity of a lawful concealed handgun permit, in any town park.However, the exception f<strong>or</strong> concealed carry on a lawful concealed handgun permit does not apply tothose locations identified in subsection (c).(c) Except as provided in subsection (g) below all persons are prohibited from possessing any firearm,including a concealed handgun carried under the auth<strong>or</strong>ity of a lawful concealed handgun permit, atthe following town recreational facilities (i.e. athletic facilities, athletic fields and playgrounds) inacc<strong>or</strong>dance with G.S. 14-415.23:(1) The Avery Street recreation facility located at 125 Avery Street;(2) The Avery Street recreation center annex located at 201 Avery Street;(3) The athletic field and playground inside Avery Street Park located at 201 Avery Street;(4) The playground and soccer fields inside Centennial Park located at 1015 New Bethel ChurchRoad;(5) The playground and baseball field inside Creech Road Elementary School Park located at 300Creech Road;(6) The tennis courts located at 190 Creech Road;(7) The playground and baseball field inside Garner Recreational Park located at 221 East GarnerRoad;(8) The playground inside Greenbrier Park located at 613 Winterlochen Drive;(9) The playground inside Jaycee Park located at 1300 Vand<strong>or</strong>a Springs Road;(10) The playgrounds inside Lake Benson Park located at 921 Buffaloe Road;Page 15Page 12 of 23

Recommended Revision to Town Firearms Ordinance September 2011(11) The baseball field, basketball court and playground inside Rand Mill Road park located at 608Rand Mill Road;(12) The baseball fields, multipurpose athletic field, playground and tennis courts inside South GarnerPark located at 1210 Poole Drive;(13) The football field located inside Thompson Road Park located at 550 Thompson Road; and(14) The playgrounds located inside White Deer Park located at 2400 Aversb<strong>or</strong>o Road.(d) Except as provided in subsection (g) below all persons are prohibited from possessing <strong>weapons</strong>,<strong>other</strong> than firearms, as defined in G.S. §14-269 in town owned buildings, their appurtenant premises,and in town parks and recreational facilities, as defined herein.(e) Nothing herein is intended to prohibit a person from st<strong>or</strong>ing a firearm within a mot<strong>or</strong> vehicle while thevehicle is on the af<strong>or</strong>ementioned properties in the town.(f) F<strong>or</strong> the purposes of this section, "buildings" is defined as set f<strong>or</strong>th in G.S. §14-54(c) as including anydwelling, dwelling house, uninhabited house, building under construction, building within the curtilageof a dwelling house, and any <strong>other</strong> structure designed to house <strong>or</strong> secure within it any activity <strong>or</strong>property.(g) This prohibition shall not apply to the following persons:(1) Officers and enlisted personnel of the armed f<strong>or</strong>ces of the United States when in discharge oftheir official duties as such and acting under <strong>or</strong>ders requiring them to carry arms and <strong>weapons</strong>;(2) Civil officers of the United States while in the discharge of their official duties;(3) Officers and soldiers of the militia and the national guard when called into actual service;(4) Sw<strong>or</strong>n law enf<strong>or</strong>cement officers;(5) Town of Garner <strong>or</strong> Wake County animal control officers.(6) Persons firing firearms without projectiles in <strong>or</strong>ganized educational, entertainment, instructional,<strong>or</strong> ceremonial events spons<strong>or</strong>ed by the Garner Parks, Recreation and Cultural ResourcesDepartment.(h) A conspicuous notice shall be posted at each entrance to any property set f<strong>or</strong>th in (a), (b), <strong>or</strong> (c)above outlining the restrictions prescribed in this section.(i) Any person in violation of this section shall be guilty of a misdemean<strong>or</strong> and upon conviction shall befined five hundred dollars ($500.00) <strong>or</strong> imprisoned f<strong>or</strong> six (6) months <strong>or</strong> both.(j) Firearms and <strong>other</strong> <strong>weapons</strong> possessed in violation of this <strong>or</strong>dinance are hereby declared to becontraband. The chief of police <strong>or</strong> his designee shall dispose of such <strong>weapons</strong> pursuant to applicablestate law.Page 16Page 13 of 23

Recommended Revision to Town Firearms Ordinance September 20113) Current N<strong>or</strong>th Carolina General Statutes applicable to this discussion§ 14-409.40. Statewide unif<strong>or</strong>mity of local regulation.(a) It is declared by the General Assembly that the regulation of firearms is properly an issue of general,statewide concern, and that the entire field of regulation of firearms is preempted from regulation bylocal governments except as provided by this section.(a1) The General Assembly further declares that the lawful design, marketing, manufacture, distribution,sale, <strong>or</strong> transfer of firearms <strong>or</strong> ammunition to the public is not an unreasonably dangerous activity anddoes not constitute a nuisance per se and furtherm<strong>or</strong>e, that it is the unlawful use of firearms andammunition, rather than their lawful design, marketing, manufacture, distribution, sale, <strong>or</strong> transfer thatis the proximate cause of injuries arising from their unlawful use. This subsection applies only tocauses of action brought under subsection (g) of this section.(b) Unless <strong>other</strong>wise permitted by statute, no county <strong>or</strong> municipality, by <strong>or</strong>dinance, resolution, <strong>or</strong> <strong>other</strong>enactment, shall regulate in any manner the possession, ownership, st<strong>or</strong>age, transfer, sale,purchase, licensing, <strong>or</strong> registration of firearms, firearms ammunition, components of firearms, dealersin firearms, <strong>or</strong> dealers in handgun components <strong>or</strong> parts.(c) Notwithstanding subsection (b) of this section, a county <strong>or</strong> municipality, by zoning <strong>or</strong> <strong>other</strong> <strong>or</strong>dinance,may regulate <strong>or</strong> prohibit the sale of firearms at a location only if there is a lawful, general, similarregulation <strong>or</strong> prohibition of commercial activities at that location. Nothing in this subsection shallrestrict the right of a county <strong>or</strong> municipality to adopt a general zoning plan that prohibits anycommercial activity within a fixed distance of a school <strong>or</strong> <strong>other</strong> educational institution except with aspecial use permit issued f<strong>or</strong> a commercial activity found not to pose a danger to the health, safety, <strong>or</strong>general welfare of persons attending the school <strong>or</strong> educational institution within the fixed distance.(d) No county <strong>or</strong> municipality, by zoning <strong>or</strong> <strong>other</strong> <strong>or</strong>dinance, shall regulate in any manner firearms showswith regulations m<strong>or</strong>e stringent than those applying to shows of <strong>other</strong> types of items.(e) A county <strong>or</strong> municipality may regulate the transp<strong>or</strong>t, carrying, <strong>or</strong> possession of firearms by employeesof the local unit of government in the course of their employment with that local unit of government.(f) Nothing contained in this section prohibits municipalities <strong>or</strong> counties from application of their auth<strong>or</strong>ityunder G.S. 153A-129, 160A-189, 14-269, 14-269.2, 14-269.3, 14-269.4, 14-277.2, 14-415.11,14-415.23, including prohibiting the possession of firearms in public-owned buildings, on the grounds<strong>or</strong> parking areas of those buildings, <strong>or</strong> in public parks <strong>or</strong> recreation areas, except nothing in thissubsection shall prohibit a person from st<strong>or</strong>ing a firearm within a mot<strong>or</strong> vehicle while the vehicle is onthese grounds <strong>or</strong> areas. Nothing contained in this section prohibits municipalities <strong>or</strong> counties fromexercising powers provided by law in declared states of emergency under Article 36A of this Chapter.(g) The auth<strong>or</strong>ity to bring suit and the right to recover against any firearms <strong>or</strong> ammunition marketer,manufacturer, distribut<strong>or</strong>, dealer, seller, <strong>or</strong> trade association by <strong>or</strong> on behalf of any governmental unit,created by <strong>or</strong> pursuant to an act of the General Assembly <strong>or</strong> the Constitution, <strong>or</strong> any department,agency, <strong>or</strong> auth<strong>or</strong>ity thereof, f<strong>or</strong> damages, abatement, injunctive relief, <strong>or</strong> any <strong>other</strong> remedy resultingfrom <strong>or</strong> relating to the lawful design, marketing, manufacture, distribution, sale, <strong>or</strong> transfer of firearms<strong>or</strong> ammunition to the public is reserved exclusively to the State. Any action brought by the Statepursuant to this section shall be brought by the Att<strong>or</strong>ney General on behalf of the State. This sectionshall not prohibit a political subdivision <strong>or</strong> local governmental unit from bringing an action against afirearms <strong>or</strong> ammunition marketer, manufacturer, distribut<strong>or</strong>, dealer, seller, <strong>or</strong> trade association f<strong>or</strong>breach of contract <strong>or</strong> warranty f<strong>or</strong> defect of materials <strong>or</strong> w<strong>or</strong>kmanship as to firearms <strong>or</strong> ammunitionpurchased by the political subdivision <strong>or</strong> local governmental unit. (1995 (Reg. Sess., 1996), c. 727, s.1; 2002-77, s. 1.)Page 17Page 14 of 23

Recommended Revision to Town Firearms Ordinance September 2011§ 14-415.11. Permit to carry concealed handgun; scope of permit.(a) Any person who has a concealed handgun permit may carry a concealed handgun unless <strong>other</strong>wisespecifically prohibited by law. The person shall carry the permit together with valid identificationwhenever the person is carrying a concealed handgun, shall disclose to any law enf<strong>or</strong>cement officerthat the person holds a valid permit and is carrying a concealed handgun when approached <strong>or</strong>addressed by the officer, and shall display both the permit and the proper identification upon therequest of a law enf<strong>or</strong>cement officer. In addition to these requirements, a military permittee whosepermit has expired during deployment may carry a concealed handgun during the 90 days followingthe end of deployment and bef<strong>or</strong>e the permit is renewed provided the permittee also displays proof ofdeployment to any law enf<strong>or</strong>cement officer.(b) The sheriff shall issue a permit to carry a concealed handgun to a person who qualifies f<strong>or</strong> a permitunder G.S. 14-415.12. The permit shall be valid throughout the State f<strong>or</strong> a period of five years fromthe date of issuance.(c) A permit does not auth<strong>or</strong>ize a person to carry a concealed handgun in the areas prohibited by G.S.14-269.2, 14-269.3, 14-269.4, and 14-277.2, in an area prohibited by rule adopted under G.S.120-32.1, in any area prohibited by 18 U.S.C. § 922 <strong>or</strong> any <strong>other</strong> federal law, in a law enf<strong>or</strong>cement <strong>or</strong>c<strong>or</strong>rectional facility, in a building housing only State <strong>or</strong> federal offices, in an office of the State <strong>or</strong>federal government that is not located in a building exclusively occupied by the State <strong>or</strong> federalgovernment, a financial institution, <strong>or</strong> on any <strong>other</strong> premises, except state-owned rest areas <strong>or</strong> stateownedrest stops along the highways, where notice that carrying a concealed handgun is prohibitedby the posting of a conspicuous notice <strong>or</strong> statement by the person in legal possession <strong>or</strong> control ofthe premises. It shall be unlawful f<strong>or</strong> a person, with <strong>or</strong> without a permit, to carry a concealed handgunwhile consuming alcohol <strong>or</strong> at any time while the person has remaining in his body any alcohol <strong>or</strong> inhis blood a controlled substance previously consumed, but a person does not violate this condition ifa controlled substance in his blood was lawfully obtained and taken in therapeutically appropriateamounts.(d) A person who is issued a permit shall notify the sheriff who issued the permit of any change in theperson's permanent address within 30 days after the change of address. If a permit is lost <strong>or</strong>destroyed, the person to whom the permit was issued shall notify the sheriff who issued the permit ofthe loss <strong>or</strong> destruction of the permit. A person may obtain a duplicate permit by submitting to thesheriff a notarized statement that the permit was lost <strong>or</strong> destroyed and paying the required duplicatepermit fee. (1995, c. 398, s. 1; c. 507, s. 22.1(c); c. 509, s. 135.3(e); 1997, c. 238, s. 6; 2000-140, s.103; 2000-191, s. 5; 2005-232, s. 3.)§ 14-415.23. Statewide unif<strong>or</strong>mity.It is the intent of the General Assembly to prescribe a unif<strong>or</strong>m system f<strong>or</strong> the regulation of legallycarrying a concealed handgun. To insure unif<strong>or</strong>mity, no political subdivisions, boards, <strong>or</strong> agencies of theState n<strong>or</strong> any county, city, municipality, municipal c<strong>or</strong>p<strong>or</strong>ation, town, township, village, n<strong>or</strong> anydepartment <strong>or</strong> agency thereof, may enact <strong>or</strong>dinances, rules, <strong>or</strong> regulations concerning legally carrying aconcealed handgun. A unit of local government may adopt an <strong>or</strong>dinance to permit the posting of aprohibition against carrying a concealed handgun, in acc<strong>or</strong>dance with G.S. 14-415.11(c), on localgovernment buildings, their appurtenant premises, and parks. (1995, c. 398, s. 1.)§ 14-415.24. Reciprocity; out-of-state handgun permits.(a) A valid concealed handgun permit <strong>or</strong> license issued by an<strong>other</strong> state is valid in N<strong>or</strong>th Carolina if thatstate grants the same right to residents of N<strong>or</strong>th Carolina who have valid concealed handgun permitsissued pursuant to this Article in their possession while carrying concealed <strong>weapons</strong> in that state.(b) The Att<strong>or</strong>ney General shall maintain a registry of states that meet the requirements of this section onthe N<strong>or</strong>th Carolina Criminal Inf<strong>or</strong>mation Netw<strong>or</strong>k and make the registry available to law enf<strong>or</strong>cementofficers f<strong>or</strong> investigative purposes.Page 18Page 15 of 23

Recommended Revision to Town Firearms Ordinance September 2011(c) Every 12 months after the effective date of this subsection, the Department of Justice shall makewritten inquiry of the concealed handgun permitting auth<strong>or</strong>ities in each <strong>other</strong> state as to: (i) whether aN<strong>or</strong>th Carolina resident may carry a concealed handgun in their state based upon having a validN<strong>or</strong>th Carolina concealed handgun permit and (ii) whether a N<strong>or</strong>th Carolina resident may apply f<strong>or</strong> aconcealed handgun permit in that state based upon having a valid N<strong>or</strong>th Carolina concealed handgunpermit. The Department of Justice shall attempt to secure from each state permission f<strong>or</strong> N<strong>or</strong>thCarolina residents who hold a valid N<strong>or</strong>th Carolina concealed handgun permit to carry a concealedhandgun in that state, either on the basis of the N<strong>or</strong>th Carolina permit <strong>or</strong> on the basis that the N<strong>or</strong>thCarolina permit is sufficient to permit the issuance of a similar license <strong>or</strong> permit by the <strong>other</strong> state.(2003-199, s. 1.)§ 14-269. Carrying concealed <strong>weapons</strong>.(a) It shall be unlawful f<strong>or</strong> any person willfully and intentionally to carry concealed about his person anybowie knife, dirk, dagger, slung shot, loaded cane, metallic knuckles, raz<strong>or</strong>, shurikin, stun gun, <strong>or</strong><strong>other</strong> deadly weapon of like kind, except when the person is on the person's own premises.(a1) It shall be unlawful f<strong>or</strong> any person willfully and intentionally to carry concealed about his person anypistol <strong>or</strong> gun except in the following circumstances:(1) The person is on the person's own premises.(2) The deadly weapon is a handgun, and the person has a concealed handgun permit issued inacc<strong>or</strong>dance with Article 54B of this Chapter <strong>or</strong> considered valid under G.S. 14-415.24.(3) The deadly weapon is a handgun and the person is a military permittee as defined under G.S.14-415.10(2a) who provides to the law enf<strong>or</strong>cement officer proof of deployment as required underG.S. 14-415.11(a).(b) This prohibition shall not apply to the following persons:(1) Officers and enlisted personnel of the armed f<strong>or</strong>ces of the United States when in discharge oftheir official duties as such and acting under <strong>or</strong>ders requiring them to carry arms and <strong>weapons</strong>;(2) Civil and law enf<strong>or</strong>cement officers of the United States;(3) Officers and soldiers of the militia and the National Guard when called into actual service;(4) Officers of the State, <strong>or</strong> of any county, city, town, <strong>or</strong> company police agency charged with theexecution of the laws of the State, when acting in the discharge of their official duties;(5) Sw<strong>or</strong>n law enf<strong>or</strong>cement officers, when off-duty, provided that an officer does not carry aconcealed weapon while consuming alcohol <strong>or</strong> an unlawful controlled substance <strong>or</strong> while alcohol<strong>or</strong> an unlawful controlled substance remains in the officer's body.(b1) It is a defense to a prosecution under this section that:(1) The weapon was not a firearm;(2) The defendant was engaged in, <strong>or</strong> on the way to <strong>or</strong> from, an activity in which he legitimately usedthe weapon;(3) The defendant possessed the weapon f<strong>or</strong> that legitimate use; and(4) The defendant did not use <strong>or</strong> attempt to use the weapon f<strong>or</strong> an illegal purpose. The burden ofproving this defense is on the defendant.(b2) It is a defense to a prosecution under this section that:(1) The deadly weapon is a handgun;(2) The defendant is a military permittee as defined under G.S. 14-415.10(2a); and(3) The defendant provides to the court proof of deployment as defined under G.S. 14-415.10(3a).(c) Any person violating the provisions of subsection (a) of this section shall be guilty of a Class 2misdemean<strong>or</strong>. Any person violating the provisions of subsection (a1) of this section shall be guilty of aClass 2 misdemean<strong>or</strong> f<strong>or</strong> the first offense. A second <strong>or</strong> subsequent offense is punishable as a Class Ifelony.(d) This section does not apply to an <strong>or</strong>dinary pocket knife carried in a closed position. As used in thissection, "<strong>or</strong>dinary pocket knife" means a small knife, designed f<strong>or</strong> carrying in a pocket <strong>or</strong> purse, thathas its cutting edge and point entirely enclosed by its handle, and that may not be opened by athrowing, explosive, <strong>or</strong> spring action.Page 19Page 16 of 23

Recommended Revision to Town Firearms Ordinance September 20114) HB 650 – The ―Castle Doctrine‖ – Amendments to current NCGS effective as ofDecember 1, 2011GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2011 SESSION LAW 2011-268 HOUSEBILL 650AN ACT TO PROVIDE WHEN A PERSON MAY USE DEFENSIVE FORCE AND TO AMEND VARIOUSLAWS REGARDING THE RIGHT TO OWN, POSSESS, OR CARRY A FIREARM IN NORTHCAROLINA.The General Assembly of N<strong>or</strong>th Carolina enacts:SECTION 1. Article 14 of Chapter 14 of the General Statutes is amended by adding the following newsections to read:"§ 14-51.2. Home, w<strong>or</strong>kplace, and mot<strong>or</strong> vehicle protection; presumption of fear of death <strong>or</strong>serious bodily harm.(a) The following definitions apply in this section:(1) Home. – A building <strong>or</strong> conveyance of any kind, to include its curtilage, whether the building <strong>or</strong>conveyance is temp<strong>or</strong>ary <strong>or</strong> permanent, mobile <strong>or</strong> immobile, which has a roof over it, including atent, and is designed as a temp<strong>or</strong>ary <strong>or</strong> permanent residence.(2) Law enf<strong>or</strong>cement officer. – Any person employed <strong>or</strong> appointed as a full-time, part-time, <strong>or</strong> auxiliarylaw enf<strong>or</strong>cement officer, c<strong>or</strong>rectional officer, probation officer, post-release supervision officer, <strong>or</strong>parole officer.(3) Mot<strong>or</strong> vehicle. – As defined in G.S. 20-4.01(23).(4) W<strong>or</strong>kplace. – A building <strong>or</strong> conveyance of any kind, whether the building <strong>or</strong> conveyance istemp<strong>or</strong>ary <strong>or</strong> permanent, mobile <strong>or</strong> immobile, which has a roof over it, including a tent, which isbeing used f<strong>or</strong> commercial purposes.(b) The lawful occupant of a home, mot<strong>or</strong> vehicle, <strong>or</strong> w<strong>or</strong>kplace is presumed to have held a reasonablefear of imminent death <strong>or</strong> serious bodily harm to himself <strong>or</strong> herself <strong>or</strong> an<strong>other</strong> when using defensivef<strong>or</strong>ce that is intended <strong>or</strong> likely to cause death <strong>or</strong> serious bodily harm to an<strong>other</strong> if both of the followingapply:(1) The person against whom the defensive f<strong>or</strong>ce was used was in the process of unlawfully andf<strong>or</strong>cefully entering, <strong>or</strong> had unlawfully and f<strong>or</strong>cibly entered, a home, mot<strong>or</strong> vehicle, <strong>or</strong> w<strong>or</strong>kplace, <strong>or</strong> ifthat person had removed <strong>or</strong> was attempting to remove an<strong>other</strong> against that person's will from thehome, mot<strong>or</strong> vehicle, <strong>or</strong> w<strong>or</strong>kplace.(2) The person who uses defensive f<strong>or</strong>ce knew <strong>or</strong> had reason to believe that an unlawful and f<strong>or</strong>cibleentry <strong>or</strong> unlawful and f<strong>or</strong>cible act was occurring <strong>or</strong> had occurred.(c) The presumption set f<strong>or</strong>th in subsection (b) of this section shall be rebuttable and does not apply inany of the following circumstances:(1) The person against whom the defensive f<strong>or</strong>ce is used has the right to be in <strong>or</strong> is a lawful resident ofthe home, mot<strong>or</strong> vehicle, <strong>or</strong> w<strong>or</strong>kplace, such as an owner <strong>or</strong> lessee, and there is not an injunction f<strong>or</strong>protection from domestic violence <strong>or</strong> a written pretrial supervision <strong>or</strong>der of no contact against thatperson.(2) The person sought to be removed from the home, mot<strong>or</strong> vehicle, <strong>or</strong> w<strong>or</strong>kplace is a child <strong>or</strong>grandchild <strong>or</strong> is <strong>other</strong>wise in the lawful custody <strong>or</strong> under the lawful guardianship of the personagainst whom the defensive f<strong>or</strong>ce is used.(3) The person who uses defensive f<strong>or</strong>ce is engaged in, attempting to escape from, <strong>or</strong> using the home,mot<strong>or</strong> vehicle, <strong>or</strong> w<strong>or</strong>kplace to further any criminal offense that involves the use <strong>or</strong> threat of physicalf<strong>or</strong>ce <strong>or</strong> violence against any individual.Page 20Page 17 of 23

Recommended Revision to Town Firearms Ordinance September 2011(4) The person against whom the defensive f<strong>or</strong>ce is used is a law enf<strong>or</strong>cement officer <strong>or</strong> bail bondsmanwho enters <strong>or</strong> attempts to enter a home, mot<strong>or</strong> vehicle, <strong>or</strong> w<strong>or</strong>kplace in the lawful perf<strong>or</strong>mance of his<strong>or</strong> her official duties, and the officer <strong>or</strong> bail bondsman identified himself <strong>or</strong> herself in acc<strong>or</strong>dance withany applicable law <strong>or</strong> the person using f<strong>or</strong>ce knew <strong>or</strong> reasonably should have known that the personentering <strong>or</strong> attempting to enter was a law enf<strong>or</strong>cement officer <strong>or</strong> bail bondsman in the lawfulperf<strong>or</strong>mance of his <strong>or</strong> her official duties.(5) The person against whom the defensive f<strong>or</strong>ce is used (i) has discontinued all eff<strong>or</strong>ts to unlawfullyand f<strong>or</strong>cefully enter the home, mot<strong>or</strong> vehicle, <strong>or</strong> w<strong>or</strong>kplace and (ii) has exited the home, mot<strong>or</strong>vehicle, <strong>or</strong> w<strong>or</strong>kplace.(d) A person who unlawfully and by f<strong>or</strong>ce enters <strong>or</strong> attempts to enter a person's home, mot<strong>or</strong> vehicle, <strong>or</strong>w<strong>or</strong>kplace is presumed to be doing so with the intent to commit an unlawful act involving f<strong>or</strong>ce <strong>or</strong>violence.(e) A person who uses f<strong>or</strong>ce as permitted by this section is justified in using such f<strong>or</strong>ce and is immunefrom civil <strong>or</strong> criminal liability f<strong>or</strong> the use of such f<strong>or</strong>ce, unless the person against whom f<strong>or</strong>ce was usedis a law enf<strong>or</strong>cement officer <strong>or</strong> bail bondsman who was lawfully acting in the perf<strong>or</strong>mance of his <strong>or</strong> herofficial duties and the officer <strong>or</strong> bail bondsman identified himself <strong>or</strong> herself in acc<strong>or</strong>dance with anyapplicable law <strong>or</strong> the person using f<strong>or</strong>ce knew <strong>or</strong> reasonably should have known that the person was alaw enf<strong>or</strong>cement officer <strong>or</strong> bail bondsman in the lawful perf<strong>or</strong>mance of his <strong>or</strong> her official duties.(f) A lawful occupant within his <strong>or</strong> her home, mot<strong>or</strong> vehicle, <strong>or</strong> w<strong>or</strong>kplace does not have a duty to retreatfrom an intruder in the circumstances described in this section.(g) This section is not intended to repeal <strong>or</strong> limit any <strong>other</strong> defense that may exist under the common law."§ 14-51.3. Use of f<strong>or</strong>ce in defense of person; relief from criminal <strong>or</strong> civil liability.(a) A person is justified in using f<strong>or</strong>ce, except deadly f<strong>or</strong>ce, against an<strong>other</strong> when and to the extent thatthe person reasonably believes that the conduct is necessary to defend himself <strong>or</strong> herself <strong>or</strong> an<strong>other</strong>against the <strong>other</strong>'s imminent use of unlawful f<strong>or</strong>ce. However, a person is justified in the use of deadlyf<strong>or</strong>ce and does not have a duty to retreat in any place he <strong>or</strong> she has the lawful right to be if either ofthe following applies:(1) He <strong>or</strong> she reasonably believes that such f<strong>or</strong>ce is necessary to prevent imminent death <strong>or</strong> greatbodily harm to himself <strong>or</strong> herself <strong>or</strong> an<strong>other</strong>.(2) Under the circumstances permitted pursuant to G.S. 14-51.2.(b) A person who uses f<strong>or</strong>ce as permitted by this section is justified in using such f<strong>or</strong>ce and is immunefrom civil <strong>or</strong> criminal liability f<strong>or</strong> the use of such f<strong>or</strong>ce, unless the person against whom f<strong>or</strong>ce was usedis a law enf<strong>or</strong>cement officer <strong>or</strong> bail bondsman who was lawfully acting in the perf<strong>or</strong>mance of his <strong>or</strong> herofficial duties and the officer <strong>or</strong> bail bondsman identified himself <strong>or</strong> herself in acc<strong>or</strong>dance with anyapplicable law <strong>or</strong> the person using f<strong>or</strong>ce knew <strong>or</strong> reasonably should have known that the person was alaw enf<strong>or</strong>cement officer <strong>or</strong> bail bondsman in the lawful perf<strong>or</strong>mance of his <strong>or</strong> her official duties."§ 14-51.4. Justification f<strong>or</strong> defensive f<strong>or</strong>ce not available.The justification described in G.S. 14-51.2 and G.S. 14-51.3 is not available to a person who useddefensive f<strong>or</strong>ce and who:(1) Was attempting to commit, committing, <strong>or</strong> escaping after the commission of a felony.(2) Initially provokes the use of f<strong>or</strong>ce against himself <strong>or</strong> herself. However, the person who initiallyprovokes the use of f<strong>or</strong>ce against himself <strong>or</strong> herself will be justified in using defensive f<strong>or</strong>ce if eitherof the following occur:a. The f<strong>or</strong>ce used by the person who was provoked is so serious that the person using defensivef<strong>or</strong>ce reasonably believes that he <strong>or</strong> she was in imminent danger of death <strong>or</strong> serious bodily harm,the person using defensive f<strong>or</strong>ce had no reasonable means to retreat, and the use of f<strong>or</strong>ce which islikely to cause death <strong>or</strong> serious bodily harm to the person who was provoked was the only way toescape the danger.Page 21Page 18 of 23

Recommended Revision to Town Firearms Ordinance September 2011b. The person who used defensive f<strong>or</strong>ce withdraws, in good faith, from physical contact with theperson who was provoked, and indicates clearly that he <strong>or</strong> she desires to withdraw and terminatethe use of f<strong>or</strong>ce, but the person who was provoked continues <strong>or</strong> resumes the use of f<strong>or</strong>ce."SECTION 21.(b) G.S. 14-415.23 reads as rewritten:"§ 14-415.23. Statewide unif<strong>or</strong>mity.It is the intent of the General Assembly to prescribe a unif<strong>or</strong>m system f<strong>or</strong> the regulation of legally carrying aconcealed handgun. To insure unif<strong>or</strong>mity, no political subdivisions, boards, <strong>or</strong> agencies of the State n<strong>or</strong> anycounty, city, municipality, municipal c<strong>or</strong>p<strong>or</strong>ation, town, township, village, n<strong>or</strong> any department <strong>or</strong> agency thereof,may enact <strong>or</strong>dinances, rules, <strong>or</strong> regulations concerning legally carrying a concealed handgun. A unit of localgovernment may adopt an <strong>or</strong>dinance to permit the posting of a prohibition against carrying a concealedhandgun, in acc<strong>or</strong>dance with G.S. 14-415.11(c), on local government buildings, their appurtenant premises, andparks.buildings and their appurtenant premises. A unit of local government may adopt an <strong>or</strong>dinance to prohibit,by posting, the carrying of a concealed handgun on municipal and county recreational facilities that arespecifically identified by the unit of local government. If a unit of local government adopts such an <strong>or</strong>dinance withregard to recreational facilities, then the concealed handgun permittee may, nevertheless, secure the handgunin a locked vehicle within the trunk, glove box, <strong>or</strong> <strong>other</strong> enclosed compartment <strong>or</strong> area within <strong>or</strong> on the mot<strong>or</strong>vehicle. F<strong>or</strong> purposes of this section, the term "recreational facilities" includes only the following: a playground,an athletic field, a swimming pool, and an athletic facility."5) N<strong>or</strong>th Carolina Constitution – Article 1 / Section 30Sec. 30. Militia and the right to bear arms.A well regulated militia being necessary to the security of a free State, the right of the people to keep andbear arms shall not be infringed; and, as standing armies in time of peace are dangerous to liberty, theyshall not be maintained, and the military shall be kept under strict sub<strong>or</strong>dination to, and governed by, thecivil power. Nothing herein shall justify the practice of carrying concealed <strong>weapons</strong>, <strong>or</strong> prevent theGeneral Assembly from enacting penal statutes against that practice.Page 22Page 19 of 23

Recommended Revision to Town Firearms Ordinance September 2011CURRENT SIGN IN PLACEPage 23Page 20 of 23

Recommended Revision to Town Firearms Ordinance September 2011RECOMMENDED LANGUAGE FOR SIGNAGE FOR TOWN BUILDINGSTOWN OF GARNERSECTION 18-2 OF THECODE OF ORDINANCESMAKES IT UNLAWFUL TOPOSSESS FIREARMS(INCLUDING CONCEALEDHANDGUNS) OR OTHERWEAPONS ON THIS TOWNOF GARNER PROPERTYPage 24Page 21 of 23

Recommended Revision to Town Firearms Ordinance September 2011RECOMMENDED LANGUAGE FOR SIGNAGE FOR PARK ENTRANCESTOWN OF GARNERSECTION 18-2 OF THECODE OF ORDINANCESMAKES IT UNLAWFUL TOOPEN CARRY FIREARMSOR TO POSSESS OTHERWEAPONS ON THIS TOWNOF GARNER PROPERTYPage 25Page 22 of 23

Recommended Revision to Town Firearms Ordinance September 2011RECOMMENDED LANGUAGE FOR SIGNAGE FOR PARK ENTRANCESTOWN OF GARNERSECTION 18-2 OF THECODE OF ORDINANCESMAKES IT UNLAWFUL TOPOSSESS FIREARMS(INCLUDING CONCEALEDHANDGUNS) OR OTHERWEAPONS ON THISTOWN OF GARNER ATHLETICFIELD / PLAYGROUNDPage 26Page 23 of 23

TOWN of GARNERHuman ResourcesMem<strong>or</strong>andumTO:FROM:Hon<strong>or</strong>able May<strong>or</strong> and Council MembersKimberly St<strong>or</strong>ey, Interim Human Resources Direct<strong>or</strong>DATE: September 27, 2011SUBJECT:Revisions to Employment of Relatives PolicyThe Town prohibits the hiring of immediate family in regular full-time positions within the samew<strong>or</strong>k unit <strong>or</strong> department. The Town also prohibits the employment of any person similarly who isan immediate family member of individuals holding the following positions: Town Manager,Assistant Town Manager, <strong>or</strong> Town Att<strong>or</strong>ney. Immediate family means the employee's spouse,br<strong>other</strong>, sister, parent and children. Also included are the in-law relationships as appropriatebased on the above listing.In an eff<strong>or</strong>t to eliminate actual <strong>or</strong> perceived influence of Town Council Members and HumanResources staff over the employment of their immediate family members, the following revisedpolicy language is recommended effective immediately upon approval.The Town prohibits the hiring of immediate family in regular full-time positions within thesame w<strong>or</strong>k unit <strong>or</strong> department. The Town also prohibits the employment of any personsimilarly who is an immediate family member of individuals serving on the Town Council,employed in the Human Resources Department <strong>or</strong> holding the following positions: TownManager, Assistant Town Manager, <strong>or</strong> Town Att<strong>or</strong>ney. Immediate family means theemployee's (<strong>or</strong> elected official’s) spouse, br<strong>other</strong>, sister, parent and children. Alsoincluded are the in-law relationships as appropriate based on the above listing. Thispolicy shall not be applied retroactively.Page 27

MEMORANDUMTO:FROM:Hardin WatkinsTown ManagerBrad Bass, AICPDirect<strong>or</strong> of PlanningDATE: September 21, 2011SUBJECT:CAMPO Locally Administered Projects Program ApplicationUS 70/White Oak ProjectBackgroundThe Locally Administered Projects Program (LAPP) was adopted by CAMPO in October 2010.CAMPO developed this program to pri<strong>or</strong>itize smaller transp<strong>or</strong>tation projects in the region thatutilize federal Surface Transp<strong>or</strong>tation Program-Direct Allocation funding. This federal fundingis made available to CAMPO on an annual basis. The LAPP process follows the federal fiscalyear so that funding obligation w<strong>or</strong>ks in a timely fashion. CAMPO has identified threetransp<strong>or</strong>tation modes f<strong>or</strong> this program (roads, transit and bike/ped). CAMPO projects it willhave $10 million available f<strong>or</strong> FY 2013. The model investment mix f<strong>or</strong> the program is $6.5million f<strong>or</strong> roads, $1.5 million f<strong>or</strong> transit and $2 million f<strong>or</strong> bike/ped. In <strong>or</strong>der to be eligiblef<strong>or</strong> LAPP funding, a project must meet nine (9) criteria (see attached).The main points to understand with this program is that the project must meet all applicablefederal requirements and it must be locally administered with funds expended by a localunit of government with reimbursement based on a Locally Administered Project Agreementwith NCDOT (same procedure as the Don Miller Sidewalk Project). The LAPP process is acompetitive procedure where candidate projects are submitted to CAMPO f<strong>or</strong> evaluation andreview acc<strong>or</strong>ding a rating system that was developed f<strong>or</strong> this program. CAMPO will completeits evaluation of all applications this fall and announce the projects that are funded inJanuary 2012.FindingsI met with the CAMPO staff last month to discuss the US 70/White Oak Projectand it’s potential f<strong>or</strong> LAPP funding. The response was generally positive. I recommend thatGarner submit an application f<strong>or</strong> LAPP funding of the US 70/White Oak Project to CAMPO. Apre-application submittal is due on October 3 rd and the final application must be submitted byOctober 31 st . Based on CAMPO rating criteria, I suggest we submit f<strong>or</strong> 50% funding of projectconstruction costs ($2.6 million). The maximum local cost share you can receive sc<strong>or</strong>ingcredit from CAMPO is 50%. Under this proposal the Town would pay f<strong>or</strong> 50% of roadwayconstruction costs and 100% of design and project management costs. I also contacted1 | P a g ePage 28

NCDOT about funding assistance that might be available. There may be limited fundsavailable in DOT’s Small Construction Fund (maximum of $150,000 per project). I recommendthe Town submit a letter to NCDOT requesting consideration f<strong>or</strong> this funding.Implications1. If LAPP funding is approved by CAMPO, the Town must enter into an Agreement withNCDOT that spells out all of our responsibilities (including federal requirements).The Town, through its consultants, must manage project construction and pay f<strong>or</strong> theroad improvements and then get reimbursement from the state. There is a great dealof rep<strong>or</strong>ting requirements and federal procedures that must be followed with LAPP.This tends to slow the entire process down usually resulting in additional dollars beingspent to meet project rep<strong>or</strong>ting requirements.2. Under this application the Town of Garner is advising CAMPO the Town will fund thedesign w<strong>or</strong>k with its own dollars and have the project in position to get the federalconstruction funding obligated by Oct/Nov 2012. This includes completion of thefederal NEPA process, securing right-of-way acc<strong>or</strong>ding to federal requirements andobtaining applicable DOT permits. This is an aggressive schedule and will presentchallenges in <strong>or</strong>der to achieve it. I had conversations with consultants who havew<strong>or</strong>ked on projects in the past with federal funding and they indicate this will be avery tight schedule. If federal review of the I-40 ramp w<strong>or</strong>k is required we likely willnot be able to meet this schedule.Staff is seeking consensus from Council to move f<strong>or</strong>ward with the LAPP application toCAMPO f<strong>or</strong> road construction funding of the US 70/White Oak Project. Please advise ifyou have questions.2 | P a g ePage 29

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GARNER REVITALIZATION ASSOCIATION111 West Main Street, Suite 200, Garner NC 27529Phone 919-773-4402 email: downtowngarner@nc.rr.comGarner: A N<strong>or</strong>th Carolina Main Street CommunityMEMORANDUMTO:FROM:Town CouncilHardin Watkins, Town ManagerJohn HodgesDATE: September 20, 2011SUBJECT:TIGER III Grant Application Update and Pre Application GuidanceTown staff and I continue to prepare f<strong>or</strong> the submission of an application to the TIGER III GrantProgram f<strong>or</strong> improvements to the I40/US 70 interchange. To supplement the applicationsubmitted previously, we are preparing a Benefit Cost Analysis that monetizes the net benefits ofthis project on society. The benefits of this project that match pri<strong>or</strong>ities of the TIGER III programinclude safety, travel time savings, emission reductions and increased land value. F<strong>or</strong> ourapplication to be competitive, we must realize benefits that exceed the total cost of the project.We are currently collecting data and evaluating the need f<strong>or</strong> outside resources to assist with thecompilation and validation of this analysis.While the final grant submission is not due until October 31, 2011 the pre-application must becompleted by October 3, 2011. In <strong>or</strong>der to complete the pre-application, I need guidance from theCouncil regarding the amount of non-Federal matching dollars that will be committed by theTown of Garner.In evaluating your decision f<strong>or</strong> matching funds, please keep the following points in mind:The grant submission will meet the criteria f<strong>or</strong> a Rural Project, which does not require amatch; however matching funds increases the competitiveness of the application. Therequired match f<strong>or</strong> non-Rural projects is 20%.F<strong>or</strong> the TIGER II application, Council committed a match of $3,200,000 of an estimated$8,542,000 total project cost <strong>or</strong> approximately 38%.The current estimated cost of the project is approximately $6,000,000.I will be available at the September 27, 2011 W<strong>or</strong>k Session to discuss this matter in greater detailand receive your guidance f<strong>or</strong> submitting the required pre-application.Page 32

Page 33GARNER VOL. FIRE-RESCUE, INC.Bimonthly Update

Month Sta.1 Sta.2 Sta.3 Sta.4 Totals475Jan. 159 92 170 54(+101)458Feb. 160 105 135 58(+95)422Mar. 151 92 106 73(-43)509Apr. 187 105 142 75(+119)466May 159 83 167 57(+33)464June 182 90 117 75(+48)450July 196 93 105 56(-14)505August 180 82 154 89Page 34Totals 1374 742 1096 537(+55)3749(+394)

Month Sta.1 Sta.2 Sta.3 Sta.4 TotalsMay 139 8 117 28 292June 145 2 102 28 277July 138 12 105 26 281August 147 6 136 30 319Jan-Aug TOG-Totals 1060 52 987 205 2304Page 35Town of Garner-2304 61.4%Wake County-1445 38.6 %

Water Rescue• The GFR has one 14ftZodiac style rescue boat• Water Rescue training willbe completed by all paidstaff in October• We will be utilizing LakeBenson as a source oftrainingPage 36

Oct. 1, 2011Fireman's DayPage 37