TOWN OF HOPE MILLS BOARD OF COMMISSIONERS REGULAR MEETING MONDAY, MARCH 16, 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, MARCH 16, 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 7:22 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 P. Adam, Stormwater Administrator Beth Brown, Inspections Director Mike Bailey, Parks & Recreation Director Kenny Bullock, Fire Deputy Chief Steve Lopez, Deputy Public Works Director Don Sisko and Town Attorney T. C. Morphis. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was rendered by Rev. Tim Gore of Liberty Hospice, followed by the Pledge of Allegiance led by Mayor Warner. 1. APPROVAL OF AGENDA ADDITIONS OR DELETIONS. Motion by Mayor Pro Tem Gorman, seconded by Commissioner Legge and carried unanimously, to add under No.7-New Business Item a.-consideration of appointments to the Zoning Board, Ms. Megan Larson and Ms. Dorothy Riddle as nominees and under No. 11-Closed Session add closed session pursuant to NCGS (a)(6) to discuss personnel matters and to delete under New Business Item a.-consideration of appointments to the Appearance Commission delete Mr. Paul Hughes due to not living in town limits. 2. PRESENTATIONS: a. Cumberland County Community Development. Delores Taylor and Sylvia McLean, representing the Cumberland County Community Development, presented an overview of the services they have available. Ms. Taylor requested the citizens complete the survey left on the back table in order for them to plan programs for the upcoming year. Mayor Warner inquired if the surveys could be placed in the Parks & Recreation Center to make them more accessible for the public. b. Albert Ferri. 1

2 Albert Ferri spoke and made a PowerPoint presentation of his suggestions for the use of the golf course. Mr. Ferri gave his ideas for the different types of sports activities that could be utilized and why he felt the use would be a best fit for the Town. Commissioner Legge commented that there is discussion scheduled further in the agenda at Item #6 and the Board may wish to hold our comments until that time. 3. PUBLIC HEARINGS: None. 4. PUBLIC COMMENTS: Rod MacLean, 5435 Fountain Lane, spoke in reference to the reconsideration of a matter in the rules of procedures, especially the adoption of Rule 22, paragraph c., referencing to the requirements of super majority vote. Town Manager Ellis commented that in order to clear up any misunderstanding, the site plan being reviewed tonight does not require a super majority since it is not a zoning vote or an ordinance. 5. CONSENT AGENDA: a. Consideration to approve the Minutes of the February 2, b. Consideration to approve the amended Closed Session Minutes of the January 5, c. Consideration of the purchase of Body Cameras and software for the Police Department from Pro-Vision in the amount of $12, and Budget Amendment #12 in the same amount. Motion made by Commissioner Edwards, seconded by Commissioner Deaver and carried unanimously, to approve the consent agenda as presented. 6. OLD BUSINESS: a. Discussion/Consideration of Project Planning. Golf Course. Heritage Park other. Town Manager Ellis commented that at the last meeting it was requested of him to bring back to the Board the steps required to proceed with the golf course and the Heritage Park concept. Mr. Ellis reviewed the process to the Board as it had been explained to him by a company he contacted that does this, the first step being the company would want to do a visual examination of the properties, receive input from the Town such as Mr. Ferri s suggestion earlier and then they would do a conceptual drawing, not construction drawing for the Board to review. Town 2

3 Manager Ellis commented that the company would be able to assist the Town in pursuing grants that may be available as well as assisting with loans if needed. Mayor Warner had commented to Mr. Ellis that since Heritage Park already has a conceptual drawing that perhaps it could be taken to the construction drawing level. Town Manager Ellis remarked the swimming area once the lake is restored is another area to utilize in this process. Motion made by Commissioner Marley, seconded by Commissioner Legge and carried unanimously, to authorize the town manager to proceed with gathering more information in reference to proceeding with the projects discussed and report back to the Board. b. Discussion of Ole Mill Day multiple day event. Town Manager Ellis commented that Debbie Jones, a local florist, approached staff requesting to turn the Ole Mill Days into a two day event. Mr. Ellis recommended to the Board that they expand the Ole Mill Days to two days and to appoint Debbie Jones and Elizabeth Blevins as cochairs. Motion made by Commissioner Marley, seconded by Commissioner Legge and carried unanimously, to expand Ole Mill Days to several days to cover more events and to appoint Debbie Jones and Elizabeth Blevins as volunteer co-chairs for the 2015 event. c. Discussion of budget needs and approval of a budget amendment for the dam restoration project. Motion made by Commissioner Legge, seconded by Commissioner Deaver and carried unanimously, to approve Budget Amendment CP# 53-4 $200, for the design build contract to come from settlement funds. Town of Hope Mills, North Carolina Budget Ordinance Amendment Fiscal Year Amendment CP #53-4 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 Design Build Contract , $ ,

4 This will result in a net increase of 32, 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 16th day of March Attest: Jackie Warner, Mayor Melissa P. Adams, MMC, Town Clerk Mayor Pro Tem Gorman inquired if we will be tracking the costs and Town Manager Ellis responded that he can update the monies spent on an expansion of the previous document he prepared for Mr. MacLean. 7. NEW BUSINESS: a. Consideration of the Appointments to the Zoning Board, Senior Citizen Advisory Committee and Appearance Commission, as presented by the Nominating Committee. Commissioner Edwards reported on the meeting of the Nominating Committee and read the recommendations from the committee. Mayor Pro Tem Gorman commented that he would like to add the name of Megan Larson to the list of Zoning Board appointments for the fourth member since the time stamping of the application is earlier than Ms. Riddle s application and this is the practice used in the past. Motion made by Commissioner Legge, seconded by Mayor Pro Tem Gorman to adopt the recommendations of appointing Joe Simpson, Danny Bailey, Carla Welsh and Megan Larson to the Zoning Board and motion failed with a two to three vote with the no votes by Commissioners Edwards, Marley and Deaver. 4

5 Mayor Warner commented that they will have to go back to the drawing board and re-advertise the openings and take applications. Town Clerk Melissa Adams commented the Zoning Board is scheduled to hear cases at the upcoming meeting and without the appointments tonight they will not have a quorum. Town Manager Ellis remarked they will advertise the openings for the Zoning Board again.. Commissioner Edwards reported that the recommendation for the Senior Citizens Advisory Committee is Jim Frederickson for the one vacancy. The Appearance Committee appointee was found later to not qualify as a resident so there is still an opening for that. Mayor Warner commented that the opening on the Appearance Committee can be advertised at the same time the Zoning Board openings are advertised. Motion made by Commissioner Deaver, seconded by Commissioner Edwards and carried unanimously, to appoint Jim Frederickson to serve on the Senior Citizen Advisory Committee. b. Case No Consideration of Hope Mills Marketplace; C2(P) Site Plan & Zero Lot Line Subdivision Review; Hope Mills Zoning & Subdivision Ordinance; Zoned: C2(P), C2(P)(AOD) & Unzoned; Acreage: Ac.+/-; located at 4210, 4230, 4244, 4266, 4302, 4320 & 4330 Legion Road (SR 1132); submitted by Jay Schneider, FDSE Ventures II, LLC (Developer) and Peter Coffey, Bohler Engineering (Engineer). (Hope Mills) Mr. Ed Byrnes presented the case using aerial photographs and maps. Mr. Byrnes commented the developer was requesting approval of a site plan for grocery store, retail shops, gas station and outparcel lots. This development will also be zero lot line subdivision and the proposed outparcels will be required to go through a site plan approval for any future development on these lots. The development will have access from two driveway locations off of SR 1132 (Legion Rd.) with one being controlled by a signal light and the other being a right turn in, right turn out type driveway. The proposed development will be served by PWC water and sewer. Discussion pursued with the Board and questions were presented to Mr. Byrnes and Jay Schneider, Frontera Development, developer of the site. Motion made by Commissioner Marley, seconded by Commissioner Deaver to approve Case No Site Plan with recommended conditions of approval. Commissioner Legge requested a roll call vote for the record. Mayor Pro Tem Gorman inquired if this is a simple majority and Attorney Morphis responded that is it was a simple majority requirement for this case. Mayor Warner called for the roll call vote: Commissioner Legge voted no on this site plan because it goes against the Southwest Cumberland Land Use Plan and that it puts 3100 children in danger from the additional traffic. 5

6 Commissioner Edwards voted yes on this site plan because we have 16,000 residents and not just a few and we have shopping centers across from schools in other areas of the town without any problem and she does not foresee a problem with this location. Mayor Pro Tem Gorman voted no on this site plan because it has been going on now for 6 to 7 months and we have not had the guidance from the County or Staff on this and because it goes against the Southwest Cumberland Land Use Plan. Commissioner Marley voted yes because of additional revenue from the property taxes and sales tax and it would be good for the town. Commissioner Marley commented that if this had come about a year ago they might not have had to increase the rate for property taxes as much. Commissioner Deaver voted yes because it will benefit the town with the additional revenues from property taxes and sales tax and the additional jobs generated. Commissioner Deaver commented that he feels the growth is positive for the town. Motion to approve the site plan carried with a majority of three ayes and two noes by Commissioner Legge and Mayor Pro Tem Gorman. c. Consideration of Resolution No Directing Clerk to Investigate a Petition Received Under G.S. 160A-31 for 20.2 acres owned by Caviness Land Development, Inc. Motion made by Commissioner Deaver, seconded by Commissioner Marley and carried unanimously, to approve Resolution directing the Clerk to investigate the annexation petition. Annexation No Caviness Land Development, Inc. RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A 31 RESOLUTION NO WHEREAS, a petition requesting annexation of an area described in said petition was received on by the Hope Mills Board of Commissioners for 20.2 acres and is owned by Caviness Land Development, Inc.; and WHEREAS, G.S. 160A-31 provides that the sufficiency of the petition shall be investigated by the Town Clerk before further annexation proceedings may take place; and WHEREAS, the Board of Commissioners of the Town of Hope Mills deems it advisable to proceed in response to this request for annexation; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Town of Hope Mills, North Carolina, that: 6

7 The Town Clerk is hereby directed to investigate the sufficiency of the above described petition and to certify as soon as possible to the Board of Commissioners the result of her investigation. ADOPTED this 16 th day of March, ATTEST: Melissa P. Adams, MMC Town Clerk JACKIE WARNER, MAYOR 8. REPORTS AND INFORMATION ITEMS: a. Update report on the Hope Mills Lake/Dam project. Town Manager Ellis reported the ASI Contract was executed on Thursday and they were on the job working on the following Monday. Mason Steele, 3626 Lake Forest Road, spoke in reference to the utilization of the golf course as a multi-function sports facility and also commented that he would like to see handicap accessible walking paths around the perimeter of the lake. b. Manager s update. Town Manager Ellis reported the property for the sign is only 6 feet easement area but they think they can make it work. Mr. Ellis remarked we will need a survey and has a Mini-Brooks survey Resolution prepared for the Board if they approve. Mr. Ellis commented this will also take care of the next five sites if needed once they are located. The sign builder is aware of the need for five additional signs. Motion made by Commissioner Legge, seconded by Commissioner Deaver and carried unanimously, to approve Resolution No exempting survey for a sign easement from the requirements of G.S.CHPT. 143, ART.3D. RESOLUTION EXEMPTING SURVEYING FOR A SIGN EASEMENT F R O M 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 7

8 services on the basis of demonstrated competence and qualification for the type professional services required without regard to fee other than unit price; of 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 fee is an amount less than Fifty Thousand 00/100 Dollars ($50,000.00); WHEREAS, the Town would like to engage a surveyor to survey the area for a sign easement in favor of the Town; and WHEREAS, the estimated cost is less than Fifty Thousand 00/00 Dollars ($50,000.00); NOW THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF COMMISSIONERS OF THE TOWN OF HOPE MILLS: Section 1. The surveying of the area for a sign easement is 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 day of March, Jackie Warner, Mayor Attest: Melissa P. Adams, Town Clerk c. Department Monthly Reports. Fire Department, February, 2015 Police Department, February, 2015 Inspections Department, February, 2015 Parks & Recreation, February, 2015 Stormwater Department, February, 2015 o Town Hall Drainage Improvements Public Works, February, 2015 o Sanitation o Service Garage o Buildings & Grounds 8

9 o Streets 9. STAFF COMMENTS. None. 10. OFFICIAL COMMENTS. Commissioner Deaver commented he appreciated the comments from the audience and the Board during the meeting. Commissioner Marley commented in reference to the budget meeting earlier and endorsed the budgets of the service departments for the upcoming year. Commissioner Edwards commented she echoes Commissioner Marley s remarks and thanked everyone for attending the meeting. Commissioner Legge thanked the Grays Creek students in attendance and remarked he would like to see the sign committee have their first meeting and the ordinances be reviewed. Mayor Warner commented that she wished to clear up any confusion on the language of the resolution directing the clerk to investigate the annexation petition. Town Attorney Morphis responded that the language is from the statute but it does not infer the Board has to accept the annexation. Mayor Warner remarked she had received several calls from citizens in opposition to the annexation and did not want anyone to misunderstand the intent of the resolution. 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 Deaver and carried unanimously, to conduct a closed session in pursuant to NCGS (a)(3) to consult with the attorney on matters within the attorney-client privilege and pursuant to NCGS (a)(6) to discuss personnel matters. At 9:33 p.m. Mayor Warner recessed the Board to closed session. At 11:16 p.m. Mayor Warner called the open session 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 reimburse employee Mike Smith the amount of $2,

10 Motion made by Commissioner Legge, seconded by Commissioner Edwards to approve Budget Amendment #14 in the amount of $2, ADJOURNMENT. Motion made by Mayor Pro Tem Gorman, seconded by Commissioner Deaver and carried unanimously, to adjourn the meeting. At 11:17 p.m. Mayor Warner called the meeting adjourned. JACKIE WARNER, MAYOR ATTEST: Melissa P. Adams, MMC Town Clerk 10