TOWN OF HOPE MILLS BOARD OF COMMISSIONERS REGULAR MEETING MONDAY, APRIL 20, 2015, 7:00 P.M. BILL LUTHER BOARD MEETING ROOM

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1 TOWN OF HOPE MILLS BOARD OF COMMISSIONERS REGULAR MEETING MONDAY, APRIL 20, 2015, 7:00 P.M. BILL LUTHER BOARD MEETING ROOM Mayor Jackie Warner called the regular meeting of the Hope Mills Board of Commissioners to order on Monday, at 7:37 p.m. GOVERNING BOARD MEMBERS PRESENT Mayor Jackie Warner, Mayor Pro Tem Bob Gorman, Commissioners Pat Edwards, Jerry Legge, Edwin Deaver and Bryan Marley. GOVERNING BOARD MEMBERS ABSENT None. STAFF PRESENT Town Manager John W. Ellis, III, Town Clerk Melissa Adams, Stormwater Administrator Beth Brown, Inspections Director Mike Bailey, Parks & Recreation Director Kenny Bullock, Public Works Director Hector Cruz, Fire Chief Chuck Hodges, Police Chief Joel Acciardo and Town Attorney T. C. Morphis. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was rendered by Rev. Mike Wells of Hope Mills Church of God, followed by the Pledge of Allegiance led by Mayor Warner. 1. APPROVAL OF AGENDA ADDITIONS OR DELETIONS. Motion made by Commissioner Edwards, seconded by Commissioner Deaver and carried unanimously, to approve the agenda. 2. PRESENTATIONS: a. National Health Care Decisions Day April 16, October Morales will attend to receive Proclamation. Healthcare Decisions Day Proclamation WHEREAS, Healthcare Decisions Day is designed to raise public awareness of the need to plan ahead for health care decisions, related to end of life care and medical decision-making 1

2 whenever patients are unable to speak for themselves and to encourage the specific use of advance directives to communicate these important health care decisions; and WHEREAS, in North Carolina, the Intestate Succession Act provides the specifics of our advance directives law and offers a model form for patient use; and WHEREAS, it is estimated that only about 20 percent of people in North Carolina have executed an advance directive. Moreover, it is estimated that less than 50 percent of severely or terminally ill patients have an advance directive; and WHEREAS, it is likely that a significant reason for these low percentages is that there is both a lack of knowledge and considerable confusion in the public about Advance Directives; and WHEREAS, one of the principal goals of Healthcare Decisions Day is to encourage hospitals, nursing homes, assisted living facilities, continuing care retirement communities, and hospices to participate in a State-wide effort to provide clear and consistent information to the public about advance directives, as well as to encourage medical professionals and lawyers to volunteer their time and efforts to improve public knowledge and increase the number of North Carolina citizens with advance directives; and WHEREAS, the Town of Hope Mills and other organizations throughout North Carolina have endorsed this event and are committed to educating the public about the importance of discussing health care choices and executing advance directives; and WHEREAS, as a result of April 16, 2015, being recognized as Healthcare Decisions Day in North Carolina, more citizens will have conversations about their health care decisions; more citizens will execute Advance Directives to make their wishes known; and fewer families and health care providers will have to struggle with making difficult health care decisions in the absence of guidance from the patient; NOW, THEREFORE, I, Jackie Warner, Mayor of the Town of Hope Mills, do hereby recognize April 16, 2015, as HEALTHCARE DECISIONS DAY in North Carolina, and I call this observance to the attention of all our citizens. JACKIE WARNER, MAYOR b. Lupus Awareness Month May, 2015 Detria Burger. Help Us SolveThe Cruel Mystery LUPUS Foundation of America North Carolina Chapter 2

3 LUPUS AWARENESS MONTH PROCLAMTION Whereas, each year, the Lupus Foundation of America designates May as National Lupus Awareness Month to show support for the estimated 1.5 million Americans who have lupus. Whereas, lupus is an unpredictable and misunderstood autoimmune disease that ravages different parts of the body. It is difficult to diagnose, hard to live with, and a challenge to treat. Whereas, lupus can affect any part of the body, including the skin, lungs, heart, kidneys and brain. No organ is spared. The disease can cause seizures, strokes, heart attacks, miscarriages, and organ failure. Whereas, lupus can be particularly difficult to diagnose because its symptoms are similar to those of many other illnesses, and major gaps exist in understanding the causes and consequences of lupus. More than half of all the people with lupus take four or more years and visit three or more doctors before obtaining a correct diagnosis. Whereas, while lupus strikes mostly women of childbearing age, no one is safe from lupus. African Americans, Hispanics/Latinos, Asians and Native Americans are two to three times more likely to develop lupus a disparity that remains unexplained. And Whereas, 45,000 North Carolinians are affected by lupus. Now, therefore, I Jackie Warner, Mayor of the Town of Hope Mills, do hereby proclaim the month of May, 2015 as Lupus Awareness Month in the Town of Hope Mills, North Carolina. I urge each of our citizens to observe this month by educating themselves in the symptoms and impact of lupus, and join with the North Carolina Chapter of the Lupus Foundation of America in supporting programs of research, education and community service. In witness whereof, I have hereunto set my hand the 20 th day of April in the year Jackie Warner, Mayor c. Air Quality Awareness Week April 27 May 1, Proclamation Air Quality Awareness Week April 27, 2015 May 1, 2015 Hope Mills, North Carolina WHEREAS, clean air is essential to public health, the environment and the economy in Hope Mills; and 3

4 WHEREAS, we need clean air to protect and improve the quality of our forests, streams and lakes for public recreation and wildlife; and WHEREAS, we need clean air to sustain tourism, agriculture and other aspects of the economy; and WHEREAS, following a requirement of the Clean Air Act, the EPA is considering revising the national air quality standard for ozone from to parts per million for improved human health and safety; and WHEREAS, continued action to improve air quality is of major concern to the Town of Hope Mills Board of Commissioners and all the Municipal Governments; and WHEREAS, the citizens and businesses of Hope Mills are invited to participate in the countywide effort to lower emissions of ozone precursors; and WHEREAS, the ozone forecast season is from April 1 to October 31, but the first week of May has been historically designated as Air Quality Awareness Week; and WHEREAS, daily air quality forecasting will be available from the Department of Environment and Natural Resources Division of Air Quality from April 1 through October 31, 2015; NOW, THEREFORE, I, JACKIE WARNER, Mayor of the Town of Hope Mills proclaim the week of April 27, 2015 through May 1, 2015, as AIR QUALITY AWARENESS WEEK and encourage all government employees, citizens and businesses in Hope Mills to observe the week with activities that promote clean air, and take part in making our community a cleaner, healthier place to live, work, and play. Proclaimed this 20 th day of April, d. Senior Citizen s Day April 24, JACKIE WARNER, MAYOR Office of the Mayor TOWN OF HOPE MILLS, NC PROCLAMATION SENIOR CITIZEN S DAY APRIL 24,

5 WHEREAS, over 2,000,000 elders call the state of North Carolina home, contributing millions of volunteer hours annually; and WHEREAS, it is appropriate to honor the many contributions of North Carolina seniors citizens while learning from their wisdom and experiences; and WHEREAS, this day was established to celebrate the talents, accomplishments, and contributions of older North Carolinians while advocating for their needs; and WHEREAS, this day recognizes the extended role senior citizens play in our families, communities, and workplaces as they live longer, healthier, and more productive lives; and WHEREAS, it is important that we build upon foundations prepared by the previous generation as North Carolina moves forward. NOW, THEREFORE, I, JACKIE WARNER, Mayor of the Town of Hope Mills, do hereby proclaim April 24, 2015, to be Senior Citizen s Day in the Town of Hope Mills, and urge everyone to honor our Senior Citizens. PROCLAIMED this 20 th day of April, JACKIE WARNER, MAYOR e. Older Americans Month May, Office of the Mayor TOWN OF HOPE MILLS, NC PROCLAMATION OLDER AMERICANS MONTH May, 2015 WHEREAS, this year marks the 50 th anniversary of the Older Americans Act of 1965 which was created to improve the welfare of our seniors; and WHEREAS, by recognizing older Americans with the respect they deserve, we honor their legacy and contributions to our community; and WHEREAS, our older citizens of today and tomorrow promise to be among the most active and engaged older adult populations in our Nation s history; and WHEREAS, their timeless lessons of courage, sacrifice, and love expressed through their wisdom and experience have shaped the future of our community; and 5

6 WHEREAS, the theme of Older Americans Month is Get into the Act which encourages older Americans to stay engaged, active and involved in their own lives and in their communities; and NOW, THEREFORE, I, JACKIE WARNER, Mayor of the Town of Hope Mills, do hereby proclaim May, 2015, to be OLDER AMERICANS MONTH in the Town of Hope Mills, and urge everyone to honor our older adults, and further urge all citizens to work collaboratively to strengthen the services provided to our older adults in ways that recognize the changing nature of their needs, and that provide older adults with more opportunities to make informed choices about their lives. Our efforts can improve the lives of our older citizens and help pave the way for future generations. PROCLAIMED this 20 th day of April, JACKIE WARNER, MAYOR f. Lyme Disease Awareness Month May, Proclamation for 2015 Lyme disease Awareness Month Whereas, infected ticks carrying the bacteria, Borrelia burgdorferi which causes Lyme disease, continue to spread throughout North Carolina as 3 counties are now classified as endemic for Lyme disease; and Whereas, the total numbers of both suspected and confirmed Lyme disease cases reported to our state health department continues to rise each year with over 1000 case events reported in 2014; and Whereas, ticks commonly found in North Carolina have been known to transmit Lyme disease, Rocky Mountain Spotted Fever, Ehrlichiosis, STARI, Babesiosis and Anaplosmosis to residents; and Whereas, the North Carolina Division of Public Health encourages physicians and health care providers to consider the diagnosis of Lyme disease in patients who present the symptoms of infection, even if the patient has no travel history outside of North Carolina; and Whereas, Lyme disease is difficult to diagnoses because it imitates other conditions and no reliable laboratory test can prove who is either infected or bacterial-free, which often leads to under-diagnosis or misdiagnosis; and Whereas, early indicators of infection include: bullseye looking rash with flu-like symptoms, characterized by chills, headache, fatigue, muscle and joint aches and swollen lymph nodes; and 6

7 Whereas, weeks or months later, patients with untreated or under-treated Lyme disease can suffer from permanent and sometimes life-threatening damage to the brain, joints, heart, eyes, liver, spleen blood vessels and kidneys. For this reason it is imperative that all who may be exposed to Lyme disease receive immediate treatment; and Whereas, the best solution to reduce the risk of contracting Lyme disease is awareness and education about the seriousness of this illness and the need for our residents, especially children, to practice personal preventive techniques when engaging in outdoor activities - such as frequent tick checks, use of tick repellant and proper tick removal; and Whereas, the warm summer months are considered the most active time for ticks and when the majority of residents are exposed to ticks during outdoor activities. Therefore it is important that residents are aware of the potential for acquiring Lyme disease in our town and the preventive measures they can take to minimize the risk of infection. Therefore, I, JACKIE WARNER, Mayor, of the Town of Hope Mills, NC, hereby proclaim May as Lyme disease awareness month for JACKIE WARNER, MAYOR g. Municipal Clerks Week May 3 May 9, Town of Hope Mills, North Carolina Mayoral Proclamation Proclaiming the Week of May 3, through May 9, 2015 as Municipal Clerks Week WHEREAS, The Office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world, and WHEREAS, The Office of the Municipal Clerk is the oldest among public servants, and WHEREAS, The Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels, and WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all. 7

8 WHEREAS, Municipal Clerks serve as the information center on functions of local government and community. WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state and county. WHEREAS, it is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk. NOW, THEREFORE, I, Jackie Warner, Mayor of the Town of Hope Mills, do recognize the week of May 3, through May 9, 2015, as Municipal Clerks Week, and further extend appreciation to our Municipal Clerk, Melissa P. Adams and our Municipal Deputy Clerk Debbie Holland and to all Municipal Clerks for the vital services performed and exemplary dedication to the Hope Mills community. PROCLAIMED this 20 th day of April, h. National Day of Prayer May 7, Jackie Warner, Mayor Office of the Mayor TOWN OF HOPE MILLS, NC PROCLAMATION NATIONAL DAY OF PRAYER May 7, 2015 WHEREAS, the National Day of Prayer dates back to February 19, 1795 when President George Washington issued a Proclamation setting aside a day of public thanksgiving; and an annual day of prayer was established by Congress in 1952 and specifically designated in 1988 as the first Thursday in May; and WHEREAS, May 7, 2015 has been officially designated as America s 64 th Annual National Day of Prayer, to pray for our nation, its people, and its leaders; and WHEREAS, the National Day of Prayer has great significance for us as a nation and enables us to recall the way in which our founding fathers sought the wisdom of God when faced with critical decisions; and WHEREAS, the National Day of Prayer has become a national annual observance which belongs to all Americans as a day that transcends different cultures and brings together all citizens from all backgrounds; and 8

9 WHEREAS, the theme for the 2015 National Day of Prayer is Lord, Hear Our Cry. NOW, THEREFORE, I, JACKIE WARNER, MAYOR of the Town of Hope Mills, hereby proclaim May 7, 2015 as the National Day of Prayer in the Town of Hope Mills, and urge all citizens to observe this day by joining members of all faiths and creeds all over our community and nation in seeking divine guidance for ourselves, our leaders, and our country. PROCLAIMED this 20 th day of April, JACKIE WARNER, MAYOR 3. PUBLIC HEARINGS: a. Proposed Annexation No Town Manager Ellis reported the town has received a Voluntary Annexation petition for 20.2 acres and is owned by Caviness Land Development, Inc. The property is located off of Black Bridge Road and backs up to properties off of Home Stakes Drive. This would be a contiguous annexation. Town Manager Ellis commented Town Clerk Adams has certified ownership of the property and Town Attorney Morphis has reviewed the Annexation petition. Town Manager Ellis remarked the Board adopted Resolution No at the regular meeting of April 6, 2015 fixing the date of the Public Hearing for. Town Manager Ellis commented the next step in the process is the public hearing which notice has been published. Mr. Ed Byrne, Cumberland County Planning, is available for questions if the Board has any. Mayor Warner opened the public hearing at 8:03 p.m. Mayor Warner called for speakers in favor of the annexation. Ben Lail, 409 Chicago Drive, Engineer for the project, spoke in favor of the annexation and offered to answer any questions the Board may have. Mayor Warner called for speakers in opposition. Al Ferri, 4014 Craigwood Drive, spoke in opposition to the annexation due to over building in the area and number of vacant homes available at present. Rod MacLean, 5435 Fountain Lane, spoke in opposition to the annexation and the lack of personnel for servicing the new area. Motion made by Mayor Pro Tem Gorman, seconded by Commissioner Deaver and carried unanimously, to close the public hearing. Mayor Warner closed the public hearing at 8:10 p.m. 9

10 4. PUBLIC COMMENTS: Carla Welsh, 3626 Lake Forest Road, spoke concerning the dissolution of the Town Zoning Board and pointed out the difficulties future citizens may have. Jesse Bellflowers, 3306 Harrisburg Drive, spoke in reference to the release of closed session minutes policy. Rod MacLean, 5435 Fountain Lane, spoke concerning the Powell Bill Audit and conflicts of interest of Board members. Town Manager Ellis commented on the status of the Powell Bill Audit and the procedures taken when they were made aware of the audit. Commissioner Deaver remarked on the comments made by Mr. MacLean. 5. CONSENT AGENDA: a. Consideration to approve the Minutes of the March 2, b. Consideration to approve the Minutes of the March 12, 2015 Special Meeting. c. Consideration to approve the Minutes of the March 16, 2015 Special Meeting. d. Consideration of Resolution No Amending the Closing of a Portion of Spreading Branch Road and a Portion of Batesburg Drive. e. Consideration of Training/Travel for Police Officer Allee in Salemburg, NC from May 4, 2015 May 15, 2015 cost of $ Motion made by Commissioner Edwards. Seconded by Commissioner Deaver and carried unanimously, to approve the consent agenda as presented. 6. OLD BUSINESS: a. Gordon Johnson, Gordon Johnson Architecture Proposed Museum Property and approve Resolution No & Budget Amendment #16. (Episcopal Church) Mr. Johnson reviewed the proposal for the Hope Mills History Museum for the Board. Discussion pursued by the Board in reference to the project. Motion made by Commissioner Edwards, seconded by Mayor Pro Tem Gorman and carried unanimously, to approve the Mini Brooks Resolution No exempting architectural work from the requirements of G.S. 143, Art.3D. 10

11 A RESOLUTION EXEMPTING ARCHITECTURAL WORK FROM THE REQUIREMENTS OF G.S. CHPT. 143, ART. 3D RESOLUTION NO WHEREAS, G.S (a) requires that North Carolina municipalities select firms to provide architectural, engineering, surveying and/or construction management at risk services on the basis of demonstrated competence and qualification for the type of professional services required without regard to fee other than unit price; WHEREAS, G.S authorizes the Hope Mills Board of Commissioners to exempt in writing any project from the requirements of G.S. Chpt. 143, Art. 3D, which includes G.S , where the estimated professional f ee is an amount less than Fifty Thousand 00/100 D ollars ($50,000); WHEREAS, the Town has acquire d property previously owned by Episcopal Diocese of Eastern North Carolina, and as part of this process, the Town needs to ha ve an architect prepare a design proposal for converting the former Christ Episcopal Church property to a Museum; and WHEREAS, the estimated cost of the architectural service i s less than Fifty Thousand 00/100 Dollars ($50,000.00); NOW THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF COMMISSIONERS OF THE TOWN OF HOPE MILLS: Section 1. The architectural services associated with hiring an architect to prepare a design proposal for converting the former Christ Episcopal Church property to a Museum are hereby exempted from the requirements of G.S. Chpt. 143, Art. 3D. Section 2. All provisions of any town ordinance or resolution in conflict with this resolution are repealed. Section 3. This resolution shall become effective upon adoption. The foregoing resolution, having been submitted to a vote, received the following vote and was duly adopted this 20 th day of April, Ayes: Noes: Absent or Excused: Dated: Jackie Warner, Mayor Attest: Melissa P. Adams, Town Clerk 11

12 Motion made by Commissioner Edwards, seconded by Commissioner Deaver and carried unanimously, to approve the proposal from Gordon Johnson, Architect and to authorize Town Manager Ellis to execute the contract. Motion made by Commissioner Deaver, seconded by Commissioner Edwards and carried unanimously, to approve budget Amendment No.16 for $26, for the museum project. Town of Hope Mills, North Carolina Budget Ordinance Amendment Fiscal Year Amendment #16 BE IT ORDAINED by the Board of Commissioners of the Town of Hope Mills, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015: Section 1. To amend the General Fund, the appropriations are to be changed as follows: Account Decrease Increase Episcopal Diocese Church , $ , This will result in a net increase of 26, in the appropriations of the General Fund. To provide the additional revenue for the above, the following revenues will be increased. Account Decrease Increase Legal Settlements ( ) , $ , Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board of Commissioners and to the Budget and the Finance Officer for their direction. Adopted this 20th day of April, Attest: Jackie Warner, Mayor 12

13 Melissa P. Adams, MMC, Town Clerk b. Consideration/Discussion of the Hope Mills Youth Association Agreement. Town Manager Ellis reported on the changes and updates made to the agreement. Town Manager Ellis commented that one change would be the Grays will update the concession stand and they will run the stand. Mr. Ellis suggested indemnification for the concession stand being run by a for profit entity with 20% of the gross proceeds going to the Youth Association. Motion made by Mayor Pro Tem Gorman, seconded by Commissioner Deaver and carried unanimously, to approve the revised Youth Association Agreement and to get indemnification from the Grays or any other entity if they were to sublease. 7. NEW BUSINESS: a. Consideration to approve Annexation Ordinance No Discussion pursued among the Board in reference to the reasons for and against annexation of this property. Motion made by Commissioner Legge, seconded by Mayor Pro Tem Gorman and carried unanimously, to defer the annexation vote to the May 4, 2015 regular meeting. 8. REPORTS AND INFORMATION ITEMS: a. Update report on the Hope Mills Lake/Dam project. Town Manager Ellis reported on the progress of the lake/dam project. Town Manager Ellis read a prepared report describing the process the team is currently going through. The lake level was a focus of the report and the findings by the team on the permits issued previously. Lisa Waring, 3628 Lake Shore Drive, spoke in reference to the lake level and her conversation with the Corps of Engineers about the lake level. b. Manager s update. Town Manager Ellis reported on the study of the Golf Course and his conference call with W.K. Dickson & Gordon Johnson. Mr. Ellis updated the Board on the status of the Planner position and the candidate chosen. Mr. Ellis commented that Chief Acciardo had received complaints from the amount of vehicles from Saturday evening and had investigated. Town Manager Ellis remarked that the Hazardous Waste Pick Up event had some residents not receiving notices until the afternoon of the event and some the next day. Discussion pursued on the possible repeat of the event in the fall. 13

14 Mayor Warner commented that she would like to see a shredding event with a possible coordination with the timing of the Fayetteville event. Town Clerk Memorandum NCLM Board of Directors Meeting. Town Clerk Adams commented that the report is inclusive and she has nothing else to add. c. Department Monthly Reports. Fire Department, March, 2015 Police Department, March, 2015 Inspections Department, March, 2015 Parks & Recreation, March, 2015 Stormwater Department, March, 2015 Public Works, March, 2015 o Sanitation o Service Garage o Buildings & Grounds o Street Mayor Warner requested if the Inspections report could be in more detail in order to allow them to let citizens know if there have been visits made to a certain area for nuisances. Town Manager Ellis responded that he does receive such a report and can include in the future report packets. 9. STAFF COMMENTS. None. 10. OFFICIAL COMMENTS. Commissioner Legge inquired if the vacant house next door to Ms. Luther has been looked into and what if any action(s) are being taken. Town Manager Ellis responded they are looking into possibly taking the house down. Commissioner Legge inquired about the drain that is above the water area he had been speaking with P &R Director Kenny Bullock about and what is being done about it. Mr. Ellis responded they are in the middle of checking on solutions. Commissioner Legge commented on the Grays Creek High School students that attended the meeting for their reports. Commissioner Legge congratulated P & R Director Kenny Bullock on a successful opening day. Commissioner Edwards commented it was good to see the smile on Pat Hall s face since we are getting closer to getting a museum. Commissioner Edwards requested for everyone to have Pam Ray in their prayers. Mayor Pro Tem Gorman commented on the volume of calls the fire and police departments make and congratulated them on their work. Mayor Pro Tem Gorman thanked the youth that helped picked up trash on Main Street. 14

15 Commissioner Deaver thanked everyone for the visits, calls and cards during the recent loss of his brother. Commissioner Deaver commented that we all want to promote Hope Mills and it makes him sad to see the negativity lately and hopes for a more positive future. 11. MOTION TO CONDUCT A CLOSED SESSION: PURSUANT TO NCGS (a) (3) TO CONSULT WITH THE ATTORNEY TO MAINTAIN ATTORNEY CLIENT PRIVILEGE. Motion made by Mayor Pro Tem Gorman, seconded by Commissioner Marley and carried unanimously, to conduct a closed session pursuant to NCGS (a)(3) to consult with the attorney to maintain attorney client privilege. At 9:48 p.m. Mayor Warner instructed the Board to move to the conference room for a closed session. At 10:07 p.m. Mayor Warner called the meeting back to order. Motion made by Mayor Pro Tem Gorman, seconded by Commissioner Deaver and carried unanimously, to seal the minutes of the closed session until such time as the release of the information would no longer frustrate the purpose of the closed session, and further no action was taken. Motion made by Commissioner Legge, seconded by Commissioner Edwards and carried unanimously, to conduct a Special Meeting on May 4, 2015 at 6:00 p.m. for a workshop on the sidewalk ordinance. 12. ADJOURNMENT. Motion made by Commissioner Legge, seconded by Mayor Pro Tem Gorman and carried unanimously, to adjourn the meeting. At 10:09 p.m. Mayor Warner called the meeting adjourned. JACKIE WARNER, MAYOR ATTEST: 15

16 Melissa P. Adams, MMC Town Clerk 16