TOWN OF HOPE MILLS BOARD OF COMMISSIONERS REGULAR MEETING MONDAY, FEBRUARY 15, 2016, 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 7:02 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, Deputy Clerk Debbie Holland, Stormwater Administrator Beth Brown, Finance Director Drew Holland, Inspections Director Mike Bailey, Police Captain Servie, Fire Chief Chuck Hodges, Deputy Fire Chief Steve Lopez, Parks & Recreation Director Kenny Bullock, Deputy Public Works Director Don Sisko, Development & Planning Administrator Chancer McLaughlin, and Town Attorney T. C. Morphis. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was led by Reverend 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 Deaver, seconded by Commissioner Legge and carried unanimously, to approve the agenda as presented. 2. PRESENTATIONS: a. Gordon Johnson Architecture- Presentation of Governmental Complex Master Plan Study. Mr. Gordon Johnson, Gordon Johnson Architects, Inc. reported the study his office did on the Governmental Complex which included the Town Hall, Police Department, Fire Department, Parks and Recreation Center including the Municipal Park and the Sunshine Senior Center. Mr. Johnson commented the purpose of the study was to determine the present and future needs of the different facilities. Mr. Johnson briefly reviewed the findings of the study with the Board and staff making general recommendations for each. The sum of the future needs for the next 5-10 years was approximately $15,000,000.00, making the highest priority the fire and police needs. Mr. Johnson commented the present facilities were only about half what is needed for Volume 29 1
these two departments. Mr. Johnson remarked in reference to reorganizing the Town Hall offices, moving the Sunshine Center to the Parks and Recreation Center but no office space available, and a combined training facility for the fire and police departments. Commissioner Legge inquired if the Golf Course had been included in the study and Mr. Johnson responded they had not studied it at this time. 3. PUBLIC HEARINGS: a. Proposed Public Right-of-Way Closing Dixie Yarns, Inc. Georgetown Estates. Mayor Warner opened the Public Hearing at 7:21 p.m. and asked if there were any that wished to speak in favor of the closing. Lonnie Player, 400 Westwood Shopping Center, Suite 210, Fayetteville, spoke in favor of the closing of the easement as the representative of CRA, the developer. Mr. Player commented they are seeking to close an unused easement that will not impair access to the residents. The residents that will be affected by the closing will have improved access as a result of the developer s plans. Mr. Player commented that Mr. George Armstrong, owner of CRA, was here to answer any questions the Board may have in reference to the development. George Armstrong, CRA owner, commented that he is here to help improve the community and looks forward to working with the Town staff on this project. Motion made by Commissioner Deaver, seconded by Mayor Pro Tem Gorman and carried unanimously, to close the public hearing. Mayor Warner closed the public hearing at 7:29 p.m. 4. PUBLIC COMMENTS: Clarence Maxwell, 5801 Notblake Avenue, commented on the outside rates for inside city limits customers of PWC. Mr. Maxwell remarked he visited the PWC office and they told him the rate comes from an agreement with Town of Hope Mills in June 1988. Mr. Ellis commented that he was recently at a PWC meeting and has a name for Mr. Maxwell that may get us in the right direction. Rod MacLean, 5435 Fountain Lane, spoke in reference to the Fisher Road area and encouraged the requirements of sidewalks in the subdivisions. Mr. MacLean commented on the clear cutting of different areas in the town and if there could be an ordinance to stop this practice. 5. CONSENT AGENDA: a. Consideration to approve the Minutes of the January 11, 2016. Volume 29 2
b. Consideration to approve Budget Amendment #13 in the amount of $1,250.00 for NC League of Municipalities Grant for Police Protective Vests. Town of Hope Mills, North Carolina Budget Ordinance Amendment Fiscal Year 2015-2016 Amendment #11 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, 2016: Section 1. To amend the General Fund, the appropriations are to be changed as follows: Account Decrease Increase Police-Uniforms Allowance - 1,250.00 $ - $1,250.00 This will result in a net increase of $1,250.00 in the appropriations of the General Fund. To provide the additional revenue for the above, the following revenues will be increased. Account Decrease Increase Miscellaneous Grants - 1,250.00 $ - $1,250.00 Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board of Commissioners, and to the Budget Officer and the Finance Officer for their direction. Adopted this 15 th day of February 2016. ATTEST: Melissa P. Adams, MMC, Town Clerk Jackie Warner, Mayor Volume 29 3
c. Consideration to approve Resolution No. 2016-05 Accepting the Report of Unpaid Taxes and Charging the Tax Collector to Advertise the Tax Liens. RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE TOWN OF HOPE MILLS, NORTH CAROLINA RESOLUTION NO. 2016-05 WHEREAS, N.C. General Statue 105-369 requires the Tax Collector to report unpaid taxes for the current fiscal year that are liens on real property by the second Monday in February; and WHEREAS, the purpose of the reporting is to allow the Board of Commissioners to order the Tax Collector to advertise the tax liens; and WHEREAS, upon receipt of the Order of the Board of Commissioners, the Tax Collector will advertise the tax liens by posting notice at the Town Hall, or by publishing each lien at least one time in one or more newspapers having general circulation in Cumberland County; and WHEREAS, the N.C. General Statue requires that the advertisement period occur during the period of March 1 st through June 30 th ; and WHEREAS, the uncollected ad valorem taxes and fees for the Town of Hope Mills that are delinquent and a lien on real estate as of January 26, 2016 is $589,518.61. NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners that the report from the Cumberland County Tax Administrator of unpaid taxes for the current fiscal year that are liens on real property is hereby accepted; and BE IT FURTHER RESOLVED that the Cumberland County Tax Collector is hereby charged to advertise the tax liens pursuant to the N.C. General Statues. ATTEST: ADOPTED this the 15th day of February, 2016. JACKIE WARNER, MAYOR Melissa P. Adams, MMC Town Clerk Volume 29 4
d. Consideration to approve the repair to the 2008 Crane Carrier trash truck through Amick Equipments Co., Inc. in the amount of $6,305.85. e. Consideration to approve Training & Development Agreement with McLaughlin Young Group in the amount of $4,500.00 plus mileage and authorize Town Manager to execute agreement. Motion made by Commissioner Deaver, seconded by Commissioner Edwards and carried unanimously, to approve the consent agenda as presented. 6. OLD BUSINESS: a. Discussion concerning Historic Commission and Historic District. Town Attorney T.C. Morphis presented a brief overview of the current status of the Historic District and the steps to take if the Board were to decide to establish a Historic Preservation Commission. Mayor Warner commented she had researched this also and there are benefits to having a commission such as grants and funding for projects in the district. Commissioner Deaver remarked the museum project will mean more if there is a Historic Preservation Commission. Motion made by Commissioner Deaver, seconded by Mayor Pro Tem Gorman and carried unanimously, to designate the current Historic Advisory Committee Membership be the committee to form the Historic Preservation Commission with the Historic Zoning Overlay District and for Town Attorney Morphis to bring back an ordinance draft for the next meeting. Mayor Warner instructed Town Clerk Adams to notify the Historic Advisory Committee members of the results of the meeting and to invite them to volunteer for the Historic Preservation Commission. 7. NEW BUSINESS: a. Consideration to approve the Sales Tax Distribution Interlocal Agreement for three years through June 30, 2019. Motion made by Commissioner Legge, seconded by Commissioner Deaver and carried unanimously, to adopt the Sales Tax Distribution Interlocal Agreement renewal for three years. b. Discussion concerning the Lake Restoration Advisory Committee and the Economic Development Committee. Mayor Warner suggested the present Lake Restoration Advisory Committee be renamed the Lake Advisory Committee. Mayor Warner read a list of suggested guidelines for the new Lake Advisory Committee that is modeled after a committee for Lake Lure and to include Kevin Lugo and Board Liaison Mayor Pro Tem Gorman as non-voting members. Mayor Warner commented Volume 29 5
that the committee could meet once a month as the other committees do and that Kevin Lugo s responsibilities can be updated to include involvement in the committee especially once the construction of the dam is started since Mr. Lugo will be required to be here all the time. Commissioner Marley expressed concern in reference to adding more duties to Mr. Lugo and how it will affect the cost to the town. Commissioner Edwards remarked she agreed with Commissioner Marley. Motion made by Mayor Pro Tem Gorman, seconded by Commissioner Legge, to accept Mayor Warner s recommendations concerning Lake Advisory Committee with the submitted duties and passed with a majority of four ayes and one no by Commissioner Edwards. Mayor Warner remarked the Economic Development Committee is earmarked as an item to be discussed at the Board Retreat later in the week. One of the goals for the discussion is to draft a list of responsibilities for the committee and to also keep the size the same as the other committees. Town Clerk Adams commented that when the committees were being redone in 2014, no one from the committee reapplied. c. Consideration to approve Resolution No. 2016-06 Public Right-of-Way Closing Order. Mayor Warner commented there has already been a public hearing and it is open to any further discussion. Motion made by Commissioner Marley, seconded by Commissioner Edwards and carried unanimously, to approve Resolution 2016-06 ordering the closing of a portion of a certain public right of way shown as the public right of way established and described in the deed of public easement from Dixie Yarns, Inc. Public Right-of-Way Closing Order A RESOLUTION ORDERING THE CLOSING OF A PORTION OF A CERTAIN PUBLIC RIGHT-OF-WAY SHOWN AS THE PUBLIC RIGHT-OF-WAY ESTABLISHED AND DESCRIBED IN THE DEED OF PUBLIC EASEMENT FROM DIXIE YARNS, INC. DESCRIBED HEREIN RESOLUTION NO. 2016-06 WHEREAS, on the 11 th day of January, 2016 the Board of Commissioners of the Town of Hope Mills directed the Town Clerk to publish the Resolution of Intent of the Board of Commissioners to consider closing a portion of a certain public right-of-way shown as the public right-of-way established and described in the deed of public easement from Dixie Yarns, Inc. recorded in the Cumberland County Registry at Deed Book 2878, Page 623 in the Fayetteville Observer newspaper once each week for four successive weeks, such resolution advising the public that a meeting would be conducted in the Bill Luther Meeting Room on February 15, 2016; and Volume 29 6
WHEREAS, the Town of Hope Mills Board of Commissioners on the 11 th day of January, 2016, ordered the Town Clerk to notify all persons owning property abutting on that portion of a certain public right-of-way, as shown on the county tax records, by registered or certified mail, enclosing with such notification a copy of the Resolution of Intent; and WHEREAS, the Town Clerk has advised the Board of Commissioners that she sent a letter to each of the abutting property owners advising them of the day, time and place of the meeting, enclosing a copy of the Resolution of Intent, and advising the abutting property owners that the question as to closing that portion of a certain public right-of-way shown would be acted upon, said letters having been sent by registered or certified mail; and WHEREAS, the Town Clerk has advised the Board of Commissioners that adequate notices were posted on the applicable street(s) as required by G.S. 160A-299; and WHEREAS, after full and complete consideration of the matter and after having granted full and complete opportunity for all interested persons to appear and register any objections that they might have with respect to the closing of said right-of-way in the public hearing held on ; and WHEREAS, it now appears to the satisfaction of the Board of Commissioners that the closing of said right-of-way is not contrary to the public interest, and that no individual owning property, either abutting the right-of-way or in the vicinity of the right-of-way or in the subdivision in which the right-of-way is located, will as a result of the closing be thereby deprived of a reasonable means of ingress and egress to his or her property; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Town of Hope Mills that: Section 1. The portion of a certain public right-of-way shown as the public right-ofway established and described in the deed of public easement from Dixie Yarns, Inc. recorded in the Cumberland County Registry at Deed Book 2878, Page 623 as described herein is hereby ordered closed and, except as otherwise provided herein, all right, title, and interest in the rightof-way is conclusively presumed to be vested in the abutting property owners in accordance with provisions of G.S. 160A-299. SEE EXHIBIT A (description) ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. Section 2. Pursuant to G.S. 160A-299(a), the Town Clerk is hereby directed to record a certified copy of this Order in the Cumberland County Registry. Section 3. Pursuant to G.S. 160A-299(f), the Town of Hope Mills and any and all public or private utility providers hereby retain any and all rights, title, and interests in any utility improvement or easement within the closed right-of-way. Volume 29 7
Section 4. 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 15 th day of February, 2016. Dated: Jackie Warner, Mayor Attest: NORTH CAROLINA CUMBERLAND COUNTY Melissa P. Adams, Town Clerk I hereby certify that the foregoing is a true and accurate copy of an order duly adopted by the Board of Commissioners of the Town of Hope Mills, North Carolina, at a meeting held at the Town Hall in the Town of Hope Mills. IN WITNESS WHEREOF, I have hereunto set my hand and have caused the official corporate seal of said Town to be affixed, this the day of February, 2016. Town Clerk NORTH CAROLINA CUMBERLAND COUNTY I, a Notary Public, do hereby certify that Melissa P. Adams, Town Clerk, personally appeared before me this day and acknowledged the due execution of the foregoing certification, for the purposes therein expressed. WITNESS my hand and notarial seal this day of February, 2016. Notary Public My Commission Expires: Volume 29 8
d. Discussion of Tree Ordinance. Town Attorney Morphis presented a brief overview of the tree ordinance the Town has currently. Attorney Morphis reported the current ordinance has no mandatory tree preservation language, and if an owner decides to develop land, he has to have a pre-clearing permit from the Building Inspector and at that time the owner would decide which, if any, trees would be preserved and they would be marked to preserve. The only penalty in this ordinance is the owner may be required to plant double the landscaping requirements if they are in violation. Attorney Morphis remarked that he would need direction from the Board if they wish to pursue local legislature. 8. REPORTS AND INFORMATION ITEMS: a. Update report on the Hope Mills Lake/Dam project. Town Manager Ellis commented he had spoken with Mark Landis of Schnabel and they have been in contact with Dam Safety. Mr. Landis had commented that things were moving along in the process and they have a few minor compliances to make with Dam Safety but nothing big. b. Manager s update. Town Manager Ellis reported the leases for the concession stands are expiring soon and would like to have the Finance Committee and himself meet with Mr. Gray to discuss the leases if the Board wishes for them to do so. In regard to the voting systems Mayor Pro Tem had inquired about in a earlier meeting, Mr. Ellis commented they have gotten prices in a large range but the one that looks the most attractive involves uses of their own microphones and they will have to investigate further. Ms. Adams remarked she was informed the system they have in Fayetteville was a custom made system specifically for them by someone not available any more. Mr. Ellis commented they will continue to research this project. Town Manager Ellis commented on the packets for the classes they will be attending when they are on retreat include a copy of their registration and asked Ms. Adams to explain the contents to the Board. Ms. Adams remarked that when registering the Board, Deputy Clerk Debbie Holland noticed they had scholarships available for the elected only. We applied for the scholarships and were awarded $425.00 each for tuition of each elected attending. Commissioner Legge inquired if there were action to be taken to authorize the renewal of the leases and Town Manager Ellis responded they would have to advertise a notice of meeting for the Finance Committee if the Board wishes to have them meet with Mr. Gray. The consensus of the Board was to allow Mr. Ellis and the Finance Committee meet with Mr. Gray to discuss the renewal of leases. Town Manager Ellis will email some dates available for the Finance Meeting for after 5:00 p.m. and they can let him know when they will be able to meet. Town Attorney Invoice. Volume 29 9
c. Department Monthly Reports. Fire Department, January, 2016 Police Department, January, 2016 Inspections Department, January, 2016 Parks & Recreation, January, 2016 Stormwater Department, January, 2016 Public Works, January, 2016 o Sanitation o Service Garage o Buildings & Grounds o Streets 9. STAFF COMMENTS. Town Attorney T.C. Morphis submitted his resignation effective after today and offered to serve as Interim Town Attorney until such time they are able to hire another attorney. Mr. Morphis thanked the Board for the opportunity to serve and will not discuss in open session his reasons but will in closed session if the Board wishes. 10. OFFICIAL COMMENTS. Commissioner Legge commented the Parks and Recreation Director Kenny Bullock and his staff did an outstanding job on the Valentine s Day Senior Dinner. Commissioner Deaver commented he was sorry he was unable to attend the retreat this time and hopes they have a good meeting. Commissioner Deaver remarked he regrets the departure of Mr. Morphis and thinks he has always conducted himself in a professional manner and has won all the legal cases on which he has represented the Town. Commissioner Deaver expressed he felt the departure of Mr. Morphis is a real loss for the town. Mayor Pro Tem Gorman commented on the dips in the road repairs and the street light that Public Works Director Cruz supervised and thanked Director Cruz and staff. 11. MOTION TO CONDUCT A CLOSED SESSION: PURSUANT TO NCGS 143-318.11 (a) (6) TO DISCUSS PERSONNEL MATTERS AND NCGS 143-318.11 (a) (3) TO CONSULT WITH THE ATTORNEY TO MAINTAIN ATTORNEY CLIENT PRIVILEGE- Palace Sweepstakes, American Uniform Sales, Inc. and Estate of Kevin Grissett, Lawsuits Motion made by Mayor Pro Tem Gorman, seconded by Commissioner Legge and carried unanimously, to conduct a closed session pursuant to NCGS 143-318.11 (a) (6) to discuss personnel matters and NCGS 143-318.11 (a) (3) to consult with the attorney to maintain attorney client privilege-palace Sweepstakes, American Uniform Sales, Inc. and Estate of Kevin Grissett, Lawsuits. Volume 29 10
At 8:49 p.m. Mayor Warner instructed the Board to assemble in the conference room to conduct a closed session. 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 no action was taken on the lawsuits of Palace Sweepstakes and the Estate of Kevin Grissett. Action was taken on the American Uniform Sales, Inc. lawsuit with an final settlement agreement to be put on the agenda of the March 7, 2016 Board of Commissioners Meeting. Motion made by Mayor Pro Tem Gorman, seconded by Commissioner Deaver and carried unanimously, to approve a Budget Amendment in the amount of $122,500.00 for expenditures to Governing Body-Legal Settlements and revenues to the undesignated funds of the General Fund. 12. ADJOURNMENT. Motion made by Commissioner Edwards, seconded by Commissioner Legge and carried unanimously, to adjourn the meeting. Mayor Warner called the meeting adjourned at 10:52 p.m. ATTEST: JACKIE WARNER, MAYOR Melissa P. Adams, MMC Town Clerk Volume 29 11