MINUTES OF TOWN COUNCIL MEETING OF THE TOWN OF STALLINGS, NORTH CAROLINA

Transcription

1 MINUTES OF TOWN COUNCIL MEETING OF THE TOWN OF STALLINGS, NORTH CAROLINA The Town Council of the Town of Stallings met for its regular meeting on February 11, 2013, at 7:00 p.m. at the Stallings Town Hall, 315 Stallings Road, Stallings, North Carolina. Those present were: Mayor Lynda M. Paxton; Mayor Pro Tempore Reed Esarove; Council Members Wyatt Dunn, Paul Frost, Shawna Steele, and Fred Weber. Those absent were: Council Member Harry Stokes. Staff present were: Brian W. Matthews, Town Manager; Melanie Cox, Town Attorney; Minor Plyler, Police Chief; Lynne Hair, Town Planner; Richard Tanner, Town Services; and Erinn E. Nichols, Town Clerk. Invocation, Pledge of Allegiance and meeting called to order Mayor Paxton welcomed everyone to the meeting and thanked them for their interest in local government. Council Member Frost delivered the invocation. Mayor Paxton led the Pledge of Allegiance and called the meeting to order. Public Comments No one was present to give public comment. 1. Approval of Consent Agenda Items A. Minutes of the following meetings: (1) B. Tax Releases totaling $ Council Member Frost made a motion to approve the Consent Agenda as presented. The motion was seconded by Council Member Dunn and passed unanimously February 11, 2013

2 2. Reports A. Report from the Mayor Mayor Paxton passed out her report to the Council and highlighted the following items: MUMPO was revising ranking criteria for projects. The MUMPO Memorandum of Understanding (MOU) was being discussed specifically in terms of weighted voting. Mayor and Council Member Weber attended the Union County Chamber Breakfast Meeting where an update was given on the Monroe Bypass. A new Record of Decision was expected in late 2013/early NCDOT was also exploring improvements to Hwy. 74 herein. Mayor Paxton s complete report is attached to these minutes and therefore incorporated B. Reports from Council Members No Council Members had any reports. C. Report from Town Manager Mr. Matthews reported that he had attended the NC Manager s Conference in Durham where many sessions dealt with the General Assembly s (GA) changes which affected municipalities. The GA was in the long session and the Speaker of House wanted the session finished by May. The rush to get things done did not bode well for municipalities. The NC League of Municipalities (NCLM) reported that were many bills not favorable for municipalities. There were 60 freshmen in the GA and the sophomore class was in the position of leadership. The tax reform at the state level would partially be accomplished by removing some of the local governments revenue sources affecting privilege license tax, sales tax, and unemployment insurance. The GA was investing environmental reform which would reduce the requirement for businesses as well as municipalities. The Republicans had a super majority in the House and the Senate therefore making changes to the constitution a possibility. Town Hall Day in Raleigh was Wednesday, March 27, February 11, 2013

3 D. Report from Police Chief Chief Plyler passed out the Police Department s monthly statistics report highlighting there was a chase the past week. The officer attempted to stop a vehicle for erratic driving. The vehicle fled. The car crashed on Colony Road at Selwyn. No one was injured. The suspect had felony probation warrants with several civil charges. Chief Plyler explained that the hot pursuit doctrine allowed the officer who initiated the pursuit to continue the pursuit through other jurisdictions. Officer Corey Burroughs was participating in the NC Special Olympic Torch Run. Officer Rick East would be participating in the Charlotte Fraternal Order of Police bicycle ride to Washington, D.C. in May. E. Reports from Town Departments There were no reports from Town Departments. F. Report from Town Committees Town Committees had no reports. 3. Agenda Approval Council Member Dunn requested moving Agenda Item 6, Vehicle Use Policy, to Agenda Item 3.A. The motion was made by Council Member Dunn to adopt the Agenda with the change listed above. The motion was unanimously passed by Council after a second from Council Member Weber. 3.A. Vehicle Use Policy Originally Agenda Item 6 Mayor Paxton explained that Mr. Kitchens had suggested the Town adopt a Vehicle Use Policy. Town Manager Matthews further explained the policy established a maximum driving 9796 February 11, 2013

4 distance one way for a take home vehicle. Currently, police officers and three non-police employees had take home vehicles. The threshold for distance (35 miles one way) was based on not taking the benefit away from any current employee. The policy also required non-police personnel and administrative police personnel to keep driving logs (business miles, commuting miles, and personal miles). Police officers with marked police cars were not required to keep mileage logs. Commuter mileage statistics for the patrol officers were not yet available. Council discussed the policy s perimeters and the possibility of grandfathering in the current officers while creating a lower mileage threshold going forward. Council Member Frost made a motion to adopt a mileage threshold of 15 miles one way while grandfathering in the current officers/drivers. Council Member Dunn seconded the motion. The motion failed by a 2 to 3 vote with Council Members Esarove, Steele, and Weber opposing. A motion was made by Council Member Steele to keep the policy as presented with the exception of clarifying in the policy that the vehicle s maintenance would be the Town s financial responsibility and not that of the driver. Council Member Weber seconded the motion. The motion passed by a 3 to 2 vote with Council Members Dunn and Frost opposing. The Vehicle Use Policy would be brought back to Council for approval at its next meeting with the above revision. Council Member Weber made a motion to suspend the rules in order to hear Agenda Item 5, Stallings Code of Ordinances Changes and Additions, prior to Agenda Item 4, TX Amendment to UDO Article 13.6 Penalty. The motion was seconded by Council Member Steele and received Council s unanimous support February 11, 2013

5 4. TX Amendment to UDO Article 13.6 Penalty Clerk s Note: This Agenda Item was heard after Agenda Item 5, Stallings Code of Ordinances Changes and Additions. Mayor Paxton explained this was an amendment to the Unified Development Ordinance (UDO), Article 13.6 to make it consistent with the ordinances Council adopted in Agenda Item 5, Stallings Code of Ordinances Changes and Additions. Mayor Paxton then opened the public hearing. Town Planner Hair explained the item was a proposed amendment to Section 13.6 of the UDO which addressed civil penalties. The amendment reflected the newly adopted language in the Code Book by making changes to the fees. The Planning Board and staff recommended approval of the amendment. Council Member Dunn moved to adopt TX Amendment to UDO Article 13.6 Penalty as submitted. The motion was seconded by Council Member Weber and approved unanimously. The revised language for Article 13 is attached to these minutes and therefore incorporated herein. Mayor Paxton then closed the hearing. 5. Stallings Code of Ordinances Changes and Additions A. Amendment to The Stallings Code of Ordinances, Section General Penalties; Chapter 90. Abandoned, Nuisance and Junk Vehicles; Chapter 93. Public Health & Safety Matters, Public Nuisances; Chapter 153. Minimum Housing Code. B. Addition to The Stallings Code of Ordinances - Chapter 155. Non-Residential (Commercial) Building Structure. Mayor Paxton opened the hearing. John Ganus, the Town s contract Code Enforcement Officer, explained the purpose of the changes and additions to the Stallings Code of Ordinances was to bring it up-to-date and more uniform with clearer language. Mr. Ganus highlighted the following changes: 9798 February 11, 2013

6 Section General Penalties established a general civil penalty of $100 per day; decriminalized the violations and made them civil only; and provided the process for notices to be issued. Chapter 90. Abandoned, Nuisance and Junk Vehicles updated the enforcement authority; updated statutes; updated processes; and established appeal process. Chapter 93. Public Health & Safety Matters, Public Nuisances added clarity and more language to the violation standards; and updated the notification process according to the state statutes. Chapter 153. Minimum Housing Code updated to clarify standards of the minimum housing code; established process for inspection, hearings, and notifications; and established the Board of Adjustment as the Housing Appeals Board. Chapter 155. Non-Residential (Commercial) Building Structure added as a new section to address commercial structures in the same fashion as the minimum housing code. Council requested that Ordinance Amendment for Chapter 153 and in the Ordinance for Chapter 155 be changed to reflect that the Town Manager appoint the position of Housing Inspector instead of the Town Council. That language change was reduced to writing and presented to the Council. Cecilia Vanscoy, 1011 Jessica Lane, was impressed by all the things that the Code of Ordinance covered but felt there was a disconnect between the code and the enforcement on properties in the Town. She stated that the Town had a beautiful park but then there were the houses by Burger King which were a disgrace to the Town and often had loud music in the early morning hours. There were houses on Potters Road that had sofas and rolled up carpets on the porches and were a mess. Ms. Vanscoy requested the Council enforce the Code in order address those situations or pass codes that could rectify the situations. Stallings would not bring in business with residences that looked like that. Ms. Vanscoy thanked the Council for its time. Council Member Frost made the motion to adopt the Ordinance Amendments to the Stallings Code of Ordinances, Section General Penalties; Chapter 90. Abandoned, Nuisance and Junk Vehicles; Chapter 93. Public Health & Safety Matters, Public Nuisances; Chapter 153. Minimum Housing Code; and the addition of the Ordinance to the Stallings Code of Ordinances - Chapter 155. Non-Residential (Commercial) Building Structure. Council Member 9799 February 11, 2013

7 Weber seconded the motion which was passed unanimously by the Council. All of the ordinances listed above are attached to these minutes and therefore incorporated herein. Mayor Paxton then closed the public hearing. The Mayor also explained to Ms. Vanscoy that the Town had a complaint driven process and were trying to do a better job with enforcement. 6. Vehicle Use Policy This Agenda Item was moved to Agenda Item 3.A. 7. Urban Archery Season Town Manager Matthews explained that the Town had received a citizen request asking that the Town participate in Urban Archery Season. Stallings had never participated in the season but there were a number of communities in the area which did participate. The Town would have to submit a request stating that it wanted to participate and identify the appropriate area. Individual properties owners would decide whether or not they would allow archery hunting on their property. The earliest the Town could participate would be Council Member Steele made the motion to approve Stallings participation in Urban Archery Season and submit the application by April 1, 2013, for the 2014 season. Council Member Weber seconded the motion. The motion passed by a 4 to 1 vote with Council Member Dunn opposing. 8. Voting Districts Mayor Paxton explained this topic came up during the Council s planning conference in January 2013 with regards to trying to rebalance the voting districts. Some of the districts were out of balance February 11, 2013

8 Town Manager Matthews explained the proposed changes to the voting districts map were made with the considerations that the Department of Justice mandated the definition of balance districts as +/-5% variation between the districts. The Zoning Administrator was asked to create a voting districts map without regard for current voting districts or neighborhood boundaries. However, no neighborhood was split in the proposed map. The proposed map also did not consider any further growth as the Department of Justice was only concerned about existing households under a true district representation. The Proposed Voting Districts Map February 2013 is attached to these minutes and therefore incorporated herein. Stallings did not currently have a true district representation but was rather a hybrid which had only a residency requirement within the districts. Because Stallings used a hybrid formula, it was not mandated to balance the districts. The proposed map expanded Districts 4 and 5; showed Fairhaven in District 1; Shannamara was nearly a district in itself because of its size; and Hunley Creek was now in District 2. Stallings average household accounted for 2.5 people. After Council discussion in regards to the timing of the potential change, Council Member Weber made the motion to table the discussion on this item. Council Member Steele seconded the motion. The motion passed by a 4 to 1 vote with Council Member Frost opposing. 9. Post and Advertise Delinquent Taxes Council Member Dunn moved to order the Tax Collector to post delinquent taxes and advertise outstanding taxes that were liens on real property pursuant to NCGS The motion received Council s unanimous support after a second from Council Member Frost February 11, 2013

9 10. Closed Session pursuant to North Carolina General Statute (a)(3) Council Member Weber made a motion to go into closed session pursuant to North Carolina General Statute (a)(3). The motion received Council s unanimous support after a second from Council Member Steele. Council went into closed session at 9:00 p.m. and reconvened in open session at 9:15 p.m. 11. Date Selection for FY Budget Meetings Council determined the following dates for its Fiscal Year Budget Meetings. All meetings would be held in the Council Room Chambers at the Town Hall from 5-7 p.m. Monday, March 11, 2013 Monday, March 25, 2013 Monday, April 8, 2013 Monday, April 22, Capital Improvement Plan (CIP) Town Manager Matthews explained staff had provided Council a list of all the possible projects for the next five years along with costs, revenue sources, and impacts on the fund balance. This list is attached to these minutes and therefore incorporated herein. Council needed to decide what projects it wanted to do along with the associated timelines and budgets. The lowest the fund balance would be at any given time in the proposed CIP was $1.5 million. Some of the project expenditures were estimates and could change if the project was completed in a future year. It was noted that Phase II of the Lawyers Road Sidewalk was permitted and approved by the state but the approvals would expire in There was also an anticipated revenue source for parks improvements, Fees in Lieu of Park Lands. Council needed to decide how it wanted to list things that were not a part of the operational budget but 9802 February 11, 2013

10 did not rise to the level of a capital project, i.e., computer upgrades, software, vehicle replacements, etc. Council discussed future Town Hall expansion, Civic Building renovations and upgrades, sidewalks, parking for Stallings Park, and funding levels for Blair Mill Park. Council Member Frost reported that next Monday night at the Union County Commissioners meeting, Weddington was requesting that Stallings residents come to speak at public comment about their water pressure concerns and note their support of the Weddington Water Tower. Council Member Frost also apologized for insinuating that staff was gerrymandering voting district lines. 13. Adjournment Council Member Steele moved to adjourn the meeting, seconded by Council Member Frost, and the motion received unanimous support. The meeting was adjourned at 9:56 p.m. Approved on March 11, s/ Lynda M. Paxton s/ Erinn E. Nichols Lynda M. Paxton, Mayor Erinn E. Nichols, Town Clerk Approved as to form: s/ Perry, Bundy, Plyler, Long, & Cox, LLP Perry, Bundy, Plyler, Long, & Cox, LLP 9803 February 11, 2013