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Board of Commissioners

Regular Meeting

Burgaw, NC · April 9, 2013

AgendaMinutes

Minutes

TOWN OF BURGAW BOARD OF COMMISSIONERS REGULAR MEETING DATE: April 09, 2013 TIME: 4:00 PM PLACE: Burgaw Municipal Building BOARD MEMBERS PRESENT: Mayor Kenneth T. Cowan Mayor Pro-tem Howard Walker Commissioners Jan Dawson, Wilfred Robbins, Charles Rooks and Elaine Tyson STAFF PRESENT: Chad McEwen, Town Manager Sylvia W. Raynor, Town Clerk Robert Kenan, Town Attorney Rebekah Costin, Planning Administrator Bill Fay, Director of Public Works Bill George, Fire Administrator Louis Hesse, Building Inspector Ashley Loftis, Finance Officer Bill King, Chief of Police Montrina Sutton, Police Captain MEDIA PRESENT: Andy Pettigrew – The Pender Post INVOCATION: Curtis West, Chaplain, Duplin County Disabled Veterans Association PLEDGE OF ALLEGIANCE: All The meeting was called to order by Mayor Kenneth Cowan at 4:00 PM. Approval of Agenda Mayor Cowan asked if there were any requests for amendments to the agenda. There being no other requests, Mayor Cowan requested to add Mike Taylor to the agenda after item 7 in order for Mr. Taylor to bring the Board up to date on the Tree Board projects. Commissioner Robbins made a motion to approve the agenda as amended. The motion was seconded by Commissioner Dawson and carried by unanimous vote. Approval of Consent Agenda Mayor Cowan asked if there were any requests for amendments/corrections to the consent agenda. There being no amendments/corrections, Commissioner Walker made a motion to approve the consent agenda as presented. The motion was seconded by Commissioner Robbins and carried by unanimous vote. The consent agenda and the following items were approved: o Minutes of the March 12, 2013 regular meeting and minutes of the March 12, 2013 closed session o Resolution 2013-11 Spring Festival RESOLUTION 2013-11 DECLARING SPRING FESTIVAL DAY IN BURGAW WHEREAS, Saturday, May 04, 2013 has been set aside for the Annual Pender Spring Fest; and WHEREAS, this festival will bring together the citizens of the Town of Burgaw and Pender County to celebrate the cultural heritage of the area; and WHEREAS, many talented and skilled Pender County citizens will display and sell their handmade crafts, homemade foods and homegrown plants. NOW THEREFORE BE IT RESOLVED by the Town of Burgaw Board of Commissioners that Saturday, May 04, 2012 shall be declared “Spring Festival Day” and that the following changes and directives shall be placed in effect during Spring Festival events only:  Wright Street shall be closed between Fremont Street and Wilmington Street during the street dance on Friday, May 03, 2013 between the hours of 6:00 PM and 10:00 PM only BOC MINUTES APRIL 09, 2013 1  Wright Street shall be closed between Fremont Street and Wilmington Street and Fremont Street shall be closed between Walker Street and Wright Street during the Spring Festival on Saturday, May 04, 2013 between the hours of 6:00 AM and 5:00 PM only. Adopted this ninth day of April, 2013. o Resolution 2013-12 Surplus Property, Police Department Resolution 2013-12 DECLARING SURPLUS PROPERTY FROM THE BURGAW POLICE DEPARTMENT WHEREAS, Article V, Section 2-231 of the Burgaw Town Code authorizes the town manager to dispose of personnel property valued at less than $2,500; and WHEREAS, Police Chief Bill King is retiring effective April 26, 2013; and WHEREAS, customarily the retiring police chief has been granted the opportunity to purchase their service weapon and badge, and WHEREAS, Chapter 2, Article V, Section 2-231, paragraph b states that the surplus property is to be disposed of by any means according to NCGS 160A-265 and the sale can be public or private; with or without notice: NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE TOWN OF BURGAW THAT: 1) The Police Chief’s service weapon (Sig Sauer P229 Serial Number AM 73-500) and badge are hereby surplused and made available for purchase by Bill King for the price of $1.00. WITNESS my hand and the corporate seal of said town of Burgaw, this ninth day of April, 2013. SPECIAL PRESENTATIONS Mayor Cowan presented a plaque to Chief Bill King in honor of his years of service with the police department and his pending retirement on April 26th. Pat Davis, owner of “Traditions” located at the corner of Wright and Fremont Streets appeared before the Board to share positive comments regarding the filming that the Board has allowed in town and thanked the Board for their continued support of the film industry. Mike Taylor, Chairperson of the Tree Board updated the Board on the current projects underway by the tree board and announced that there will be an Arbor Day celebration on Friday, April 26 at 4:30PM. DEPARTMENTAL ITEMS Building Inspections Louis Hesse, Building Inspector stated that he had been asked at the March meeting to look into costs of remodeling the old EMS building. He presented some conceptual drawings of what could be done with the building if the Board decided to renovate it at a later date. He advised he has received a bid for a moderate approach for $330,000.00. He advised he had also received a low bid of $240,000.00 for similar work. He also received bids for a more upscale new construction for $570,000.00. He presented several options for review by the Board. There was a lengthy discussion regarding the issue but no decision was made. Commissioner Rooks commented that this would give the Board food for thought before making any decisions about the future of the building. Finance Ashley Loftis, Finance Officer advised that on February 19, 2013, the Board of Commissioners approved the Town moving forward on the refunding of the Town’s 1996 general obligation water and sewer bonds. She said this recommendation includes refunding the general obligation bonds that are currently being financed through USDA Rural Development at an interest rate of 4.87% for the remaining 24 years of the loan. BB&T has proposed a BOC MINUTES APRIL 09, 2013 2 reduced interest rate of 3.79% along with a term of 20 years. This will eliminate 4 years of debt service payments on these bonds. By refunding these bonds, the Town will save approximately $100,000 in interest with the majority of this savings being at the end of the loan with the loss of 4 years’ debt service payments. There being no discussion, Commissioner Tyson made a motion to approve Resolution 2013-13 as presented. The motion was seconded by Commissioner Dawson and carried by unanimous vote. Due to the size of the document copies of Resolution 2012-13 “Sale of Refunding Bonds” is on file in the clerk’s office and hereby incorporated in these minutes by reference. ITEMS FROM THE ATTORNEY None. ITEMS FROM THE MANAGER Mr. McEwen recognized Ms. Costin and asked her to present an item to the Board regarding street signs. Ms. Costin advised the Board that she had mentioned in her update recently that the Board would need to select a color for the historic district street signs. She presented handouts which included pictures of the signs done in brown as well as blue. After a brief discussion, Commissioner Rooks made a motion to go with the blue signs for the historic district street signs. The motion was seconded by Commissioner Robbins and carried by unanimous vote. ITEMS FROM MAYOR AND BOARD OF COMMISSIONERS Commissioner Robbins asked why there was no mention of the “walk” planned for the Spring Festival in the Spring Festival resolution that was approved. Chief King advised someone was supposed to be present to discuss that matter but they did not show. There was a lengthy discussion regarding the possible safety issues as well as the need for extra law enforcement officers to help with traffic. Commissioner Dawson asked how often the scouts clean up the trail. Mr. Fay advised they clean the trail quarterly. Commissioner Tyson inquired about the status of the electronics recycling. Mr. McEwen advised we are working on it. He said the boxes have been ordered but there are still some decisions to be made. Commissioner Tyson advised some residents have asked if it is possible to add a stop sign on North McNeil Street to slow down “cut through” traffic in the area. She also asked for extra patrol in the area. This item was referred to the Streets Committee. Commissioner Rooks mentioned an erosion issue in the corner between Hwy 53 and Timberly Lane. He advised the bank is caving in at that location. Mr. Fay advised he has spoken with NCDOT representatives regarding this issue. He advised this has been referred to the environmental department of NCDOT. Mayor Cowan asked if there has been any further contact with NCDOT regarding a tree on NC 53 and Timberly that needs to be cut. Mr. Fay advised they are waiting to hear from the authorities regarding this issue. After a brief discussion, Mr. McEwen commented that he feels the town should go ahead and cut down the tree rather than run the risk of the tree falling on somebody while waiting on AT&T or NCDOT to come and take care of it. Mayor Cowan advised the Blueberry Festival Committee has discussed with NCDOT the possibility of closing NC 53 during the Blueberry Festival and re-routing traffic down Bridgers Street and Henry Brown Road to NC 53 West. He advised this matter is still in the planning stages. BREAK 4:50PM – 5:00PM PUBLIC FORUM Karen Harding, 411 South Dudley Street spoke regarding the eight planters that have been removed from Fremont BOC MINUTES APRIL 09, 2013 3 Street for re-hab. Ms. Harding advised she is pleased that the planters will be improved but she is opposed to the planters being put back where they were because they will obstruct her window view on two of her properties. She advised that since junipers will be planted in the planters they will grow too tall and disturb the view. She requested that the planters be placed somewhere else. There was a lengthy discussion regarding this matter including numerous reasons that the planters are where they are and why the tree board chose to plant junipers instead of flowers. Mr. Fay advised he has already picked up the junipers but if necessary they can be returned. Ms. Harding advised that she did express her disapproval of the junipers with the tree board but she was out voted. After much discussion, it was the consensus of the Board to send this issue back to the tree board. PUBLIC HEARINGS Public Hearing #1 The Town of Burgaw Board of Commissioners will receive public comment regarding the purchase of a sewer vacuum and for securing a loan/grant from Rural Development of the US Department of Agriculture. – Chad McEwen, Town Manager Mayor Cowan declared the public hearing open at 5:13PM. Chad McEwen, Town Manager advised this hearing is a requirement by USDA for the securing of a loan/grant for a sewer vacuum. He advised that this gives the public an opportunity to make comment regarding the purchase. No one signed in to speak at this hearing. There being no comments, Mayor Cowan closed the public hearing at 5:16PM. No action was necessary on this item. Public Hearing #2 Consideration of a Conditional Use Permit for a “Church” use for Destination Community Church to be Located at 1638 NC Highway 53 East. Applicant Teresa Gray, on behalf of Destination Community Church, is petitioning the town for a conditional use permit for a “Church” use in the R-20 zoning district. The subject property is located at 1638 NC Highway 53 East. - Rebekah Costin, Planning Administrator Mayor Cowan declared the public hearing open at 5:17PM. Commissioner Tyson recused herself from the hearing. Rebekah Costin, Planning Administrator reviewed the guidelines for this hearing. After the review, Attorney Kenan administered the oath to the following persons: Rebekah Costin, Leddell Casey and John Barnes. Ms. Costin presented the following background information regarding the Conditional Use Permit: Hearing Agenda. 1. Swearing of all persons wishing to present evidence (required for quasi-judicial hearings) 2. Presentation of general information and staff report by Planning Administrator 3. Presentation of evidence by applicant 4. Presentation of evidence by citizens 5. Comments and questions from Mayor and Board of Commissioners 6. Closing of public hearing 7. Discussion by Mayor and Board of Commissioners 8. Findings of fact for standards for evaluation GENERAL INFORMATION Applicant: Destination Community Church (represented by Teresa Gray) 1638 NC Hwy 53 East Burgaw, NC 28425 Owner: E R Casey Estate c/o Robert Casey III BOC MINUTES APRIL 09, 2013 4 Site: 1638 NC Hwy 53 East (PIN 3320-70-8564-0000) Current Zoning: R-20, Residential and C/P, Conservation/Preservation Size: 9.77 acres Existing Land Use: Residential and Commercial (grandfathered use) HISTORY/SITE DESCRIPTION/ANALYSIS Applicant Destination Community Church, represented by Teresa Gray, is petitioning the town for a conditional use permit to operate a church in a portion of the existing commercial building located at 1638 NC Hwy 53 East. Currently, the property is the site of a residential structure occupied by Mr. Leddell Casey and the subject commercial structure, the rear of which is occupied by a grandfathered “Tire Repair Shop.” It is the intent of the applicant to be an additional use on this site. The residential and tire shop uses would continue as is. The Board of Commissioners has approved conditional use permits allowing multiple uses on a site in the past—for instance, the Auto Repair Shop approved to co-locate with A to Z Auto. The existing Wholesale Auto property also contains multiple uses, including an auto repair shop and church. The property is primarily surrounded by vacant lots. A commercially used tract zoned B-2, Highway Business, is immediately adjacent to the southeast of the subject property. It is the site of Bobby Bowden’s garage that was recently lost in a fire but is in the process of getting permits for rebuilding. The applicant intends to share the existing commercial structure with the tire shop currently occupying the rear of the building and does not expect conflicts between uses due to the hours of operation. The occupancy load for the portion of the building proposed for use by the church is a maximum of 50 people. This use, if approved, will unlikely be subject to many more regulations. The building inspector is not requiring any building modifications, and because the structure is existing, no flood regulations will apply. STANDARDS FOR EVALUATION In reviewing the permit application, the Town Board of Commissioners shall find as a specific finding of fact and reflect in their minutes if the permit will comply with the following standards based on the evidence presented at the hearing. Standard 1. The use will not materially endanger the public health, safety, or general welfare if located where proposed and developed according to the plan as submitted and approved. Application Evidence  Proposed hours of operation are from 9am to 1pm on Sundays, 7pm to 9pm on Wednesdays, with possible other night activities.  According to the building inspector, the building code requires no fire wall or separation between the tire shop and church uses due to size of building, type of use, etc. Staff Recommendation: Unless additional information is presented at the public hearing, the evidence provided in the application indicates this standard has been met. Standard 2. The use meets all required conditions and specifications. Application Evidence Use of Lot  Section 4-5: Only One Main Building, One Main Use on Lot, and Orientation of Building of the Unified Development Ordinance reads: In all districts, every main building hereafter erected or altered shall be located on a separate lot, as defined in this Ordinance, and in no case shall there be more than one main building and permitted accessory building on the lot nor more than one main use (e.g. commercial, industrial, or residential) per building and lot; provided that this requirement shall not apply to uses that are permitted in the Table of Permitted Uses (Section 4-9) within the same zoning district and located in the same building, nor to motels or manufactured home parks, nor to planned building groups approved by the Board of Commissioners, nor to a bona fide farm use.”  Currently there are two main buildings located on the subject property, with two main uses: a residential structure and a commercial building. Parking and Loading Spaces  Article 6: Off-Street Parking and Off-Street Loading Requirements and Section 4-10: Notes to the Table of Permitted Uses of the Unified Development Ordinance requires one parking space for every 4 seats in the largest assembly area.  The proposed structure allows a maximum of 50 people, so 13 parking spaces would be required.  While there is currently ample space on the property for parking, there are no designated spaces. Buffering and Screening  Section 4-10 of the Unified Development Ordinance stipulates that “a type I or II buffer shall be required along all lot lines adjoining residentially zoned or used properties.”  The subject property adjoins one residentially zoned lot to the northeast with the same owner. BOC MINUTES APRIL 09, 2013 5  No plans and specifications for buffer were provided. Applicant indicated Mr. Leddell Casey would be taking responsibility for it. Sign  Section 14-20 of the Unified Development Ordinance requires that signage be limited to 1 unlighted sign not to exceed 48 square feet per face. The sign may either be a freestanding ground sign with a maximum height of 6 feet or an attached wall sign.  No attached wall or freestanding ground signs are anticipated. Landscaping  Since no new structure is being built, landscaping is not required. Lighting  Section 14-20 of the Unified Development Ordinance requires that exterior lighting be located and refracted so as not to direct or reflect light upon adjoining properties.  According to the applicant, the existing light only comes on when triggered by motion sensors after dark. It is directed away from the road and adjacent properties. Other  The subject property currently has two unused tractor trailer cargo storage containers and unused equipment sitting in the yard.  Cargo storage containers are not allowed in the R-20 zoning district and, if they are not being used as part of the tire shop, cannot be grandfathered.  Open storage of equipment is also not allowed in the R-20 zoning district. Staff Recommendation: Based on the information submitted with the site plan, the applicant’s proposal does not meet all town requirements. As a result, I recommend the following conditions:  Property shall be subdivided prior to use of building by church to meet the requirement of only one main use per lot. The subdivided lots must meet all required standards in the Unified Development Ordinance and be recorded at the Pender County Register of Deeds.  A minimum of 13 parking spaces shall be designated in the parking area through the use of parking stops, striping, and or other approved method prior to use of building by church.  A type I or II buffer approved by Planning Administrator shall be installed along northeast property line the depth of the commercial structure.  The cargo storage containers located on site shall be removed immediately.  The equipment currently located on site shall be removed, placed indoors, or screened as required in Section 4-10, Note 5 of the Unified Development Ordinance immediately. Standard 3. The use will not adversely affect the use or any physical attribute of adjoining or abutting property or the use is a public necessity. Application Evidence  The use is not a public necessity.  No evidence indicating the use will adversely affect the use or any physical attribute of adjoin or abutting property. Staff Recommendation: Unless additional information is presented at the public hearing, the evidence provided in the application indicates this standard has been met. Standard 4. The location and character of the use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located and in general conformity with the Town of Burgaw Unified Development Ordinance and NC Highway 53 Corridor Study. Application Evidence. Based on the aerial photo, the use is similar in nature to the commercial use to the southwest. It is adjacent and proximate to several residentially zoned vacant lots. This property is not covered by the NC Highway 53 Corridor Study. Staff Recommendation: Unless additional information is presented at the public hearing, the evidence provided in the application indicates this standard has been met. Upon completion of the background information and the presentation of exhibits (on file in the clerk’s office) Mayor Cowan called on those who signed up to speak. BOC MINUTES APRIL 09, 2013 6 John M. Barnes III, of 114 Dilworth Road, Wilmington NC advised he is the pastor of the new non- denominational Bible based church planned for the location in question. Mr. Barnes advised he has served in three counties. He thanked the Board for their consideration of the request at hand. Leddell Casey, of 1600 NC Hwy 53 East, Burgaw, NC said the property in question has had a business located there since 1945 (sawmill) and through all those years there has been junk machinery on the property; some in working order and some for sale. Mr. Casey advised he has been in the equipment business on that property since 1985. He advised this has been his livelihood for many years and he is requesting to be allowed to keep the equipment on the yard. He advised the containers on the yard are his personal containers storing his personal property adjacent to his residence. He said there are some items in the containers that relate to his business and he is requesting that they be allowed to stay on the property instead of being removed as stated by Ms. Costin in the background materials. In regards to parking he advised he is willing to stripe handicap parking places. He advised he sees no need to put bumpers out there. He said there is plenty of room to park. He referenced the back side of the building has been used for a wrecker service and disagrees that the area should be hidden from public view with a screening fence. He said the wrecker service needs to be visible. Mr. Casey advised that Ms. Costin is requiring subdivision of the house property from the business property. He said he does not want to do that because the property is heir property and has never been settled. Mr. Casey thanked Ms. Costin for her helpfulness and thanked the Board for their consideration of seeing things his way. Commissioner Robbins asked Mr. Barnes how long they have been in the building and if there have been any problems. Mr. Barnes advised there are no issues except they need permission to put up a sign. Commissioner Dawson asked Ms. Costin if the church was given temporary approval to move in prior to this hearing. Ms. Costin advised that as soon as her department learned that a church was in the building, she made contact with them to advise them of the conditional use requirements and they readily complied with her request to apply for a conditional use permit. Commissioner Dawson asked if the equipment could be screened. Mr. Casey said the equipment needs to be exposed for sale. Commissioner Dawson commented that this is a multi-use facility. Ms. Costin advised that as soon as she received the application for the church someone came in to apply for a tire shop. She advised she had not anticipated a multi-use facility. She said one of the major issues is that this is a residential use and business use combined hence the need for the subdivision of property. Commissioner Rooks said there has been a business there for many years and since that time the town has rezoned the property to RA-20 and it seems that now the town is putting another requirement on the property owner. Commissioner Dawson commented that for that reason it is considered grandfathered. Commissioner Rooks asked if we should be looking at this as a rezoning instead of putting a conditional use requirement on the property. He asked if there was any consideration for rezoning. Ms. Costin said that several months ago, Mr. Casey had approached here regarding another business and they discussed rezoning at that time but she has not discussed rezoning regarding the church. Mr. Casey said he has no objection to rezoning to commercial but he is opposed to subdividing the property. Attorney Kenan commented that it is possible to rezone the area to B-2. Ms. Costin said that since the church has paid for their permit and she does not want to hold up their progress, she feels we should go ahead with this issue. Ms. Costin said it would be possible for the property owner to request rezoning at a later date. Commissioner Rooks asked what the Board is legally required to do. Mr. Casey said he doesn’t want to change anything except to be able to allow the church’s congregation to worship in his building. Ms. Costin said the parking and the buffering are the only items that are tied to this conditional use. Commissioner Rooks asked if Mr. Casey would be out of compliance if his property was zoned B-2. Ms. Costin said there is a problem with a house and a commercial structure on the premises. Attorney Kenan said if the Board makes a finding that since the house is and has been for many years separated by a fence that he sees it as a true subdivision of those uses. He said the Board does not have to address it but make it a finding of fact as to what he just said and move on. Ms. Costin said if the Board decides to consider those uses grandfathered uses (equipment and cargo storage) she would ask that a condition of this would be to group all the equipment together to show separation of business. Ms. Costin advised that for future use purposes, it would make it easier if the property owner subdivided the property but it is up to the Board to determine if they want to put the property owner through this process. BOC MINUTES APRIL 09, 2013 7 Commissioner Dawson commented that if the current use is grandfathered for what exists at this date and documented in the finding of fact, thereby giving the Planner something to reference in the future and if there should ever be an expansion of the residential structure or the commercial structure then the subdivision would be required. There being no further discussion, Mayor Cowan declared the public hearing closed at 6:02PM. Finding of Fact Mayor Cowan advised the Board that it is time to review the finding of fact sheets in order to make a determination on the conditional use request. Mayor Cowan read each of the following statements: (1) That the use will not materially endanger the public health, safety, or general welfare if located where proposed and developed according to the plan as submitted and approved; Commissioner Walker yes Commissioner Robbins yes Commissioner Dawson yes Commissioner Rooks yes (2) That the use meets all required conditions and specifications; Commissioner Walker yes Commissioner Robbins yes Commissioner Dawson yes Commissioner Rooks yes *All yes with the following amendments: That property shall be subdivided prior to expansion of the residential or commercial structure to meet the requirement of only one lot. The cargo storage containers located on site shall be limited to the existing three. The equipment currently located on the site shall be separated from the commercial structure and placed in one area west of the driveway. (3) That the use will not adversely affect the use or any physical attribute of adjoining or abutting property, or that the use is a public necessity; Commissioner Walker yes Commissioner Robbins yes Commissioner Dawson yes Commissioner Rooks yes (4) That the location and character of the use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located and in general conformity with the Town of Burgaw Unified Development Ordinance and the NC Hwy 53 Corridor Study. Commissioner Walker yes Commissioner Robbins yes Commissioner Dawson yes Commissioner Rooks yes Commissioner Dawson made a motion to approve the Conditional Use Permit with conditions as amended. The motion was seconded by Commissioner Rooks and carried by unanimous vote. Other Business Ross Harrell had entered the room and Mayor Cowan asked him if he needed to be recognized. Mr. Harrell advised that he had received a call informing him that there were some questions regarding the need for police assistance at crossings during the walk/run scheduled for the Spring Festival. Mr. Harrell reviewed the planned route for the walk/run and commented that there are a couple of crossings that are very busy. He said they are looking for volunteers to cover the less busy intersections and a couple of officers to handle the busy crosswalks. After a brief discussion, Commissioner Robbins made a motion to approve overtime for two extra officers for three hours for the Spring Festival. The motion was seconded by Commissioner Rooks and carried by unanimous vote. BREAK 6:15PM – 6:20PM BOC MINUTES APRIL 09, 2013 8 CLOSED SESSION Commissioner Robbins made a motion to go into closed session Pursuant to NCGS 143-318.11 (a) (3) Attorney/Client Privilege and NCGS 143-318.11 (a) (6) Personnel. The motion was seconded by Commissioner Dawson and carried by unanimous vote. OPEN SESSION RECONVENED Commissioner Dawson made a motion to reconvene to open session. The motion was seconded by Commissioner Robbins and carried by unanimous vote. MOTION – Commissioner Rooks made a motion to approve the Fire Administrator/Marshall job description as presented with an amendment to require the applicant to live in the Pender Central Fire District and to require membership in the Burgaw Fire Department. The motion was seconded by Commissioner Robbins and carried by unanimous vote. The Fire Administrator/Marshall job description is incorporated by reference and hereby made a portion of these minutes. ADJOURNMENT There being no further business, Commissioner Robbins made a motion to adjourn. The motion was seconded by Commissioner Walker and carried by unanimous vote. The meeting adjourned at 7:12 PM. ________________________________________ Kenneth T. Cowan, Mayor Attest: ________________________________ Sylvia W. Raynor, Town Clerk BOC MINUTES APRIL 09, 2013 9

Agenda

TOWN OF BURGAW BOARD OF COMMISSIONERS APRIL 09, 2013 4:00 PM AGENDA 1. Call to Order – Mayor Kenneth T. Cowan 2. Invocation – Curtis West, Chaplain, Duplin County Disabled Veterans Association 3. Pledge of Allegiance – All 4. Approval of Agenda 5. Approval of Consent Agenda A. Approval of minutes of March 12, 2013 regular meeting and approval of minutes of March 12, 2013 closed session B. Resolution 2013-11 Spring Festival C. Resolution 2013-12 Surplus Property, Police Department *Items under Consent are generally of a routine nature. The Board may take action to approve/disapprove all items in a single vote. Any item may be withheld from a general action, to be discussed and voted upon separately at the discretion of the Board. SPECIAL PRESENTATIONS 6. Mayor Cowan – Special Recognition 7. Pat Davis – Filming Downtown DEPARTMENTAL ITEMS Building Inspections 8. Report of findings regarding Commissioners’ request for bids to remodel old EMS building – Louis Hesse, Building Inspector Finance 9. Resolution 2013-13 Sale of Refunding Bonds – Ashley Loftis, Finance Officer ITEMS FROM ATTORNEY 10. To Be Announced ITEMS FROM MANAGER 11. To Be Announced (Agenda continued) ITEMS FROM MAYOR AND BOARD OF COMMISSIONERS 12. To Be Announced 13. BREAK 5:00 (or thereafter) – Sign-up for Public Forum and Public Hearings will be done during this break. 14. PUBLIC FORUM – For non-public hearing items only. Speakers sign in, step to the podium when recognized, state your name and residence address and limit remarks to three (3) minutes per speaker. PUBLIC HEARINGS Public Hearing #1 15. The Town of Burgaw Board of Commissioners will receive public comment regarding the purchase of a sewer vacuum and for securing a loan/grant from Rural Development of the US Department of Agriculture. – Chad McEwen, Town Manager Public Hearing #2 16. Consideration of a Conditional Use Permit for a “Church” use for Destination Community Church to be Located at 1638 NC Highway 53 East. Applicant Teresa Gray, on behalf of Destination Community Church, is petitioning the town for a conditional use permit for a “Church” use in the R-20 zoning district. The subject property is located at 1638 NC Highway 53 East. - Rebekah Costin, Planning Administrator CLOSED SESSION 17. Closed Session - Pursuant to NCGS 143-318.11 (a) (3) Attorney/Client Privilege and NCGS 143-318.11 (a) (6) Personnel ADJOURNMENT

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