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Board of Commissioners

Regular Meeting

Burgaw, NC · December 12, 2017

AgendaMinutes

Minutes

TOWN OF BURGAW BOARD OF COMMISSIONERS REGULAR MEETING DATE: December 12, 2017 TIME: 4:00 PM PLACE: Burgaw Municipal Building BOARD MEMBERS PRESENT: Mayor Eugene Mulligan Mayor Elect Kenneth Cowan Mayor Pro-tem Wilfred Robbins Commissioners Jan Dawson, Bill George, Vernon Harrell and James Murphy STAFF PRESENT: Joseph Pierce, Town Manager Sylvia W. Raynor, Town Clerk Robert Kenan, Town Attorney Alan Moore, Director of Public Works Louis Hesse, Building Inspector Jim Hock, Chief of Police Jim Taylor, Fire Chief Wendy Pope, Finance Officer Karen Dunn, Planning Administrator MEDIA PRESENT: None INVOCATION: Nick Smith, Chaplain PLEDGE OF ALLEGIANCE: All The meeting was called to order at 4:00PM by Mayor Eugene Mulligan. OLD BUSINESS Approval of Agenda – Old Business, Special Presentation and Organizational Meeting Commissioner Robbins made a motion to approve the agenda as presented. The motion was seconded by Commissioner Dawson and carried by unanimous vote. Approval of Consent Agenda Commissioner Dawson made a motion to approve the consent agenda as presented. The motion was seconded by Commissioner Harrell and carried by unanimous vote. The consent agenda and the following items were approved:  Minutes of November 14, 2017 Regular Meeting and Closed Session  Ordinance 2017-23 Refund of Donations for Proposed Splash Pad Project (Refund to citizens/businesses) ORDINANCE 2017-23 AMENDING FISCAL YEAR 2017-2018 ANNUAL BUDGET Increasing Revenues and Payables WHEREAS, the Town of Burgaw Board of Commissioners passed an ordinance adopting a budget for FY 2017-2018 on June 13, 2017; and WHEREAS, the Town of Burgaw received multiple donations from citizens and businesses for the specific construction of a splash pad; and WHEREAS, the Town of Burgaw Board of Commissioners wishes to return these monies to the original donor; and WHEREAS, general fund fund balance appropriation is needed to increase the current year’s accounts payable liability. NOW THEREFORE, BE IT ORDAINED BY THE TOWN OF BURGAW BOARD OF COMMISSIONERS THAT: The FY 2017-2018 budget be altered to reflect the following changes: BOC MINUTES DECEMBER 12, 2017 1 INCREASE BUDGETED REVENUE Account Number Account Description Amount 10-3900-00-900 Fund Balance Appropriated $10,725 INCREASE ACCOUNTS PAYABLE Account Number Account Description Amount 10-2100-00-000 Accounts Payable $10,725 Adopted this the 12th day of December, 2017.  Ordinance 2017-24 Refund of Donations for Proposed Splash Pad Project (Refund to TDA) ORDINANCE 2017-24 AMENDING FISCAL YEAR 2017-2018 ANNUAL BUDGET Increasing Revenues and Expenditures WHEREAS, the Town of Burgaw Board of Commissioners passed an ordinance adopting a budget for FY 2017-2018 on June 13, 2017; and WHEREAS, the Burgaw Tourism Development Authority is a component unit of the Town of Burgaw, however a legally separate public authority; and WHEREAS, the Burgaw Board of Commissioners met and agreed to return a $5,000 donation to the Burgaw Tourism Development Authority originally intended for the construction of the splash pad; and WHEREAS, the Burgaw Tourism Development Authority would like to recognize $5,000 of this returned donation from the Town of Burgaw in the FY 17-18 budget, thereby increasing available TDA fund balance. NOW THEREFORE, BE IT ORDAINED BY THE TOWN OF BURGAW BOARD OF COMMISSIONERS THAT: Section 1: The FY 2017-2018 budget be altered to reflect the following changes: INCREASE BUDGETED REVENUE Account Number Account Description Amount 10-3700-00-800 TDA Miscellaneous Revenue $5,000 INCREASE BUDGETED EXPENDITURE Account Number Account Description Amount 10-6900-80-480 Tourism Development Authority $5,000 Adopted this the 12th day of December, 2017.  Resolution 2017-32Amendment to Parks and Recreation Coordinator Job Description RESOLUTION 2017-32 AMENDING THE PARKS & RECREATION COORDINATOR JOB DESCRIPTION WHEREAS, the Town of Burgaw Board of Commissioners approved the use of the Personnel Policy on September 11, 2012; and WHEREAS, the Town of Burgaw Board of Commissioners created the position of a Parks & Recreation Coordinator at the Board of Commissioners meeting on April 11, 2017; and WHEREAS, the Town of Burgaw Board of Commissioners desires to amend the Parks & Recreation Coordinator job description to reflect that this position is a permanent full-time position in order to comply with Internal Revenue Service regulations NOW THEREFORE, BE IT RESOLVED BY THE TOWN OF BURGAW BOARD OF COMMISSIONERS THAT the Town of Burgaw Board of Commissioners hereby amends the Parks and Recreation Coordinator’s job description to reflect the changes as stated above. Adopted this twelfth day of December, 2017. BOC MINUTES DECEMBER 12, 2017 2 SPECIAL PRESENTATION Mayor Pro-tem Robbins presented a plaque of appreciation to out-going Mayor Eugene Mulligan. ORGANIZATIONAL MEETING The Oath of Office was administered to newly re-elected Commissioner Jan Dawson by the Honorable Judge James Faison. The Oath of Office was administered to newly elected Commissioner James Murphy by Sylvia Raynor, Town Clerk. The Oath of Office was administered to newly elected Mayor Kenneth T. (Pete) Cowan by Sylvia Raynor, Town Clerk. Election of Mayor Pro-tem Commissioner George nominated Commissioner Robbins as Mayor Pro-tem. Commissioner Dawson seconded the nomination. The motion was carried by unanimous vote. The Oath of Office was administered to Mayor Pro-tem Elect Wilfred L. Robbins by Sylvia Raynor, Town Clerk. Appointment of Council of Governments (COG) Representative – Mayor and Board of Commissioners Commissioner George made a motion to appoint Commissioner Dawson as the Council of Governments representative for the Town of Burgaw. The motion was seconded by Commissioner Robbins and carried by unanimous vote. FIVE MINUTE BREAK 4:18PM – 4:28PM NEW BUSINESS The New Business meeting was called to order by Mayor Kenneth Cowan. Approval of New Business Agenda Commissioner George made a motion to approve the New Business Agenda. The motion was seconded by Commissioner Harrell and carried by unanimous vote. Approval of Consent Agenda Commissioner Robbins made a motion to approve the consent agenda with a note in the minutes to state that in regards to Resolution 2017-34 Municipal Elections Abstract that Commissioner Dawson, Commissioner Murphy and Mayor Cowan were elected. The motion was seconded by Commissioner Dawson and carried by unanimous vote. Resolution 2017-33 Approving Board Meeting Schedule for 2018 RESOLUTION 2017-33 RESOLUTION TO ADOPT THE REGULAR MEETING SCHEDULE OF THE BURGAW TOWN BOARD OF COMMISSIONERS FOR 2018 WHEREAS, General Statute 160A-71 allows a board to fix a time and place for regular meetings; and WHEREAS, General Statute 143-318.12 (a) requires the Board of Commissioners schedule of regular meetings to be kept on file with the Town Clerk. BOC MINUTES DECEMBER 12, 2017 3 NOW, THEREFORE, BE IT RESOLVED that the following meeting schedule for the calendar year of 2018 is hereby adopted by the Town of Burgaw Board of Commissioners: Tuesday January 9, 2018 4:00 PM Tuesday February 13, 2018 4:00 PM Tuesday March 13, 2018 4:00 PM Tuesday April 10, 2018 4:00 PM Tuesday May 8, 2018 4:00 PM Tuesday June 12, 2018 4:00 PM Tuesday July 10, 2018 4:00 PM Tuesday August 14, 2018 4:00 PM Tuesday September 11, 2018 4:00 PM Tuesday October 9, 2018 4:00 PM Tuesday November 13, 2018 4:00 PM Tuesday December 11, 2018 4:00 PM BE IT FURTHER RESOLVED THAT all meetings shall be held in the meeting room of the Burgaw Municipal Building unless otherwise posted. Adopted: December 12, 2017 Resolution 2017-34 Approving Incorporation of 2017 Municipal Elections Abstract into Minutes of December 12, 2017 Meeting RESOLUTION 2017-34 APPROVING INCORPORATION OF 2017 MUNICIPAL ELECTION ABSTRACT INTO THE MINUTES OF DECEMBER 12, 2017 MEETING WHEREAS, a municipal election was held on Tuesday, November 7, 2017; and WHEREAS, Commissioner Jan Dawson, Commissioner James Murphy and Mayor Kenneth Cowan were duly elected at said election; and WHEREAS, upon having opened, canvassed and judicially determined the original returns of the election in the precincts, the Pender County Board of Elections has presented an abstract of votes containing the number of legal votes cast in each precinct for each office for the most recent municipal election for the Town of Burgaw. NOW THEREFORE BE IT RESOLVED BY THE TOWN OF BURGAW BOARD OF COMMISSIONERS THAT: The attached copy of the Municipal General Election Abstract of Votes for the Town of Burgaw shall be entered into the minutes of the December 12, 2017 Board of Commissioners meeting to be preserved in perpetuity as a record of said election. Adopted this twelfth day of December, 2017. SPECIAL PRESENTATION Justian Pound, Tax Assessor, Pender County Tax Administration will brief the Board on the upcoming Pender County Tax Reappraisal Process Justian Pound shared a PowerPoint presentation regarding the upcoming county tax reappraisal process. He explained in depth the process as well as what the public can expect during the process. (PowerPoint is on file in the clerk’s office.) BOC MINUTES DECEMBER 12, 2017 4 DEPARTMENTAL ITEMS Fire Department – Jim Taylor, Fire Chief Approval of Fire Department Officers Chief Taylor requested that the Board consider approving the following fire department officers as elected by the membership for the next two years. William George, IV, Deputy Fire Chief Timothy “Clay” Jasper, Assistant Fire Chief Jared “Nick” Smith, Captain Andrew “Jay” Paluck, Captain Grant Rivenbark, Lieutenant Joshua Hollingsworth, Lieutenant Earl Brown, Lieutenant Paul Schoenwalder, Lieutenant There being no discussion, Commissioner George made a motion to approve the fire department officers as presented. The motion was seconded by Commissioner Harrell and carried by unanimous vote. Planning – Karen Dunn, Planning Administrator Review and approve Wilmington St. Sidewalk improvements to be presented to NCDOT for encroachment agreements Ms. Dunn stated she has been working with Mark Walton Engineering to draft sidewalk improvements including crosswalks along Wilmington Street (Highway 53) from Cowan Street at the Pender Public Library to the Piggly Wiggly grocery Store. Because Wilmington Street is a state road, the town will require an encroachment agreement with NCDOT prior to any improvements being constructed. She advised she is asking the Board to review the plans and give approval so she can give them to NCDOT in order to acquire encroachment agreements. She reviewed and explained details regarding the plans for the improvements (plans on file in the clerk’s office). This was followed by a brief question and answer session. Commissioner Robbins made a motion to approve the plans as drawn by Mark Walton and presented by Ms. Dunn in order to move forward with this project. The motion was seconded by Commissioner Harrell and carried by unanimous vote. Consideration to approve Resolution 2017-35 to adopt the 2010 Pender County Parks and Recreation Master Plan as an addendum to the 2015 Town of Burgaw Bicycle and Pedestrian Plan Ms. Dunn advised Pender County Parks and Recreation Director Dee Turner has requested the Burgaw Board of Commissioners consider a resolution to adopt the 2010 Pender County Parks and Recreation Master Plan as an addendum to the Town of Burgaw Parks and Recreation Master Plan and Bicycle and Pedestrian Plan. She advised this action will help formalize the recreational development plans as well as to help in the grant-writing process for projects in Pender County and Town of Burgaw that benefit the community through a collaborative partnership. The members of the N.C. Parks and Recreation Authority use a point scoring system as one of several tools to select grant recipients and the maximum amount of each grant. When applying for grants, plans such as these provide support for the project as it shows community needs, interest and commitment. Commissioner Harrell made a motion to approve Resolution 2017-35 as presented. The motion was seconded by Commissioner Dawson and carried by unanimous vote. BOC MINUTES DECEMBER 12, 2017 5 RESOLUTION 2017-35 ADOPT THE 2010 PENDER COUNTY COMPREHENSIVE PARKS AND RECREATION MASTER PLAN AS AN ADDENDUM TO THE TOWN OF BURGAW BICYCLE AND PEDESTRIAN PLAN WHEREAS, the Pender County Board of Commissioners adopted a Comprehensive Parks and Recreation Master Plan (Master Plan) on June 21, 2010; and WHEREAS, the Master Plan process included data gathered from extensive public input throughout Pender County and several other plans and projects including the parks and recreation plans for the town of Burgaw; and WHEREAS, the recommendations were crafted to plan for new facilities that will provide a variety of greenway and recreational opportunities to meet a broad spectrum of users in all areas of the county including the Town of Burgaw; and WHEREAS, the Master Plan establishes goals, policies and recommendations for County decisions related to parks, greenways, recreation and bicycle facilities; and WHEREAS, Pender County currently has limited parks, greenways, bicycle facilities and alternative transportation opportunities and is experiencing trends that will continue to increase demand for such facilities; and WHEREAS, the town of Burgaw has identified public parks, greenways, bicycle facilities, and alternative transportation opportunities as effective tools for meeting the social, health, and economic needs of town residents; and WHEREAS, it is in the best interest of the town of Burgaw to partner with Pender County when appropriate to identify projects and leverage possible grant funding and resources to accommodate the recreational and transportation needs of current town and county residents and visitors and to adequately plan to meet the social, health, and economic needs and quality of life benefits of the community. NOW THEREFORE BE IT RESOLVED BY THE TOWN OF BURGAW BOARD OF COMMISSIONERS THAT: Section 1: The 2010 Pender County Comprehensive Parks and Recreation Master Plan is adopted as an addendum to the 2016 Town of Burgaw Bicycle and Pedestrian Plan. Adopted this this the 12th day of December 2017. Consideration to approve Resolution 2017-36 to adopt the 2010 Pender County Parks and Recreation Master Plan as an addendum to the 2016 Town of Burgaw Parks and Recreation Master Plan This item was discussed in conjunction with the previous item. Commissioner Dawson made a motion to approve Resolution 2017-36 as presented. The motion was seconded by Commissioner George and carried by unanimous vote. RESOLUTION 2017-36 ADOPT THE 2010 PENDER COUNTY COMPREHENSIVE PARKS AND RECREATION MASTER PLAN AS AN ADDENDUM TO THE TOWN OF BURGAW PARKS AND RECREATION MASTER PLAN WHEREAS, the Pender County Board of Commissioners adopted a Comprehensive Parks and Recreation Master Plan (Master Plan) on June 21, 2010; and WHEREAS, the Master Plan process included data gathered from extensive public input throughout Pender County and several other plans and projects including the parks and recreation plans for the town of Burgaw; and WHEREAS, the recommendations were crafted to plan for new facilities that will provide a variety of recreational opportunities to meet a broad spectrum of users in all areas of the county including the Town of Burgaw; and WHEREAS, Pender County has been one of the fastest growing counties in North Carolina and the town of Burgaw is the most populace municipality serving as the county seat; and WHEREAS, the Master Plan establishes goals, policies and recommendations for County decisions related to parks, recreation, greenways, and open spaces; and WHEREAS, Pender County currently has limited parks and recreation facilities and opportunities and is experiencing trends that will continue to increase demand for such facilities; and WHEREAS, the town of Burgaw has identified public parks and recreational programming as effective tools for meeting the social, health, and economic needs of town residents; and BOC MINUTES DECEMBER 12, 2017 6 WHEREAS, it is in the best interest of the town of Burgaw to partner with Pender County when appropriate to identify projects and leverage possible grant funding and resources to accommodate the recreational needs of current town and county residents and visitors and to adequately plan to meet the social, health, and economic needs and quality of life benefits of the community. NOW THEREFORE BE IT RESOLVED BY THE TOWN OF BURGAW BOARD OF COMMISSIONERS THAT: Section 1: The 2010 Pender County Comprehensive Parks and Recreation Master Plan is adopted as an addendum to the 2016 Town of Burgaw Parks and Recreation Master Plan. Adopted this this the 12th day of December 2017. Consideration to approve Resolution 2017-37 to adopt the West Side Trail in concept (with final location to be determined) as an addendum to the 2016 Town of Burgaw Parks and Recreation Master Plan Ms. Dunn advised consideration to adopt resolutions in formal support of the West Side Trail in concept (with final location to be determined) as an addendum to the town’s existing plans will support a variety of grant opportunities. The West Side Trail includes legs that connect the Burgaw Middle School to Pender Memorial Park and will support Pender County’s PARTF Grant for Pender Memorial Park. Mayor Cowan commented that we are approving an addendum in concept. After a few questions regarding the map, Commissioner Harrell made a motion to approve Resolution 2017-37 as presented. The motion was seconded by Commissioner George and carried by unanimous vote. (Exhibit A mentioned in the resolution is on file in the Clerk’s office.) RESOLUTION 2017-37 ADOPT THE REVISED WEST SIDE TRAIL CONCEPT ROUTE AS AN ADDENDUM TO THE TOWN OF BURGAW PARKS AND RECREATION MASTER PLAN WHEREAS, the Town of Burgaw Board of Commissioners adopted the Town of Burgaw Parks and Recreation Master Plan on June 14, 2016; and WHEREAS, the Town of Burgaw understands the importance of its transportation system in maintaining the quality of life of its residents and attracting visitors, new businesses, and industry by envisioning a system of parks, greenways, recreation, and alternative transportation facilities that connect neighborhoods physically, socially, and culturally; enable all residents to reach their potential through healthy, active, and balanced lifestyles; provide a sense of place and identification for the community; and protect, preserve, and restore significant natural areas and resources. WHEREAS, the Town of Burgaw Planning Board recommended adopting the revised West Side Trail concept route as an addendum to the Town of Burgaw Parks and Recreation Master Plan at the October 20, 2017 Planning Board meeting. NOW THEREFORE BE IT RESOLVED BY THE TOWN OF BURGAW BOARD OF COMMISSIONERS THAT: SECTION 1. The Town of Burgaw adopt the revised West Side Trail concept route (Exhibit A) as an addendum to the Town of Burgaw Parks and Recreation Master Plan. SECTION 2. This resolution becomes effective immediately upon adoption on this the 12 th day of December, 2017. Adopted this 12th day of December, 2017. Consideration to approve Resolution 2017-38 to adopt the West Side Trail in concept (with final location to be determined) as an addendum to the 2015 Town of Burgaw Bicycle and Pedestrian Plan This item was discussed in conjunction with the previous item. Commissioner Harrell made a motion to approve Resolution 2017-38 as presented. The motion was seconded by Commissioner Robbins and carried by unanimous vote. (Exhibit A mentioned in the resolution is on file in the Clerk’s office.) RESOLUTION 2017-38 ADOPT THE REVISED WEST SIDE TRAIL CONCEPT ROUTE AS AN ADDENDUM TO THE TOWN OF BURGAW BICYCLE AND PEDESTRIAN PLAN WHEREAS, the Town of Burgaw Board of Commissioners adopted the Town of Burgaw Bicycle and Pedestrian Plan on November 10, 2015; and WHEREAS, the Town of Burgaw understands the importance of its transportation system in maintaining the quality of life of its residents and attracting visitors, new businesses, and industry by envisioning a system of parks, greenways, recreation, and alternative BOC MINUTES DECEMBER 12, 2017 7 transportation facilities that connect neighborhoods physically, socially, and culturally; enable all residents to reach their potential through healthy, active, and balanced lifestyles; provide a sense of place and identification for the community; and protect, preserve, and restore significant natural areas and resources. WHEREAS, the Town of Burgaw Planning Board recommended adopting the revised West Side Trail concept route as an addendum to the Town of Burgaw Bicycle and Pedestrian Plan at the October 20, 2017 Planning Board meeting. NOW THEREFORE BE IT RESOLVED BY THE TOWN OF BURGAW BOARD OF COMMISSIONERS THAT: SECTION 1. The Town of Burgaw adopt the revised West Side Trail concept route (Exhibit A) as an addendum to the Town of Burgaw Bicycle and Pedestrian Plan. SECTION 2. This resolution becomes effective immediately upon adoption on this the 12 th day of December, 2017. Adopted this 12th day of December, 2017. Consideration of a Request from Allen Serkin, Cape Fear Area Rural Planning Organization (RPO) representative for Burgaw Board of Commissioners to consider Resolution 2017-39 to Adopt the Cape Fear Regional Bicycling Plan Ms. Dunn advised that Mr. Serkin has requested that the town board approve this plan because there are projects that apply to Burgaw. She advised this can also help us when NCDOT is proposing new projects on their roads because we can show that we would like to have bike paths. Commissioner Robbins made a motion to approve Resolution 2017-39 as presented. The motion was seconded by Commissioner Dawson and carried by unanimous vote. RESOLUTION 2017-39 ADOPTING THE CAPE FEAR REGIONAL BICYCLE PLAN WHEREAS, cities, towns, and regions around the country are increasingly recognizing the benefits that bicycle-friendly communities offer in terms of quality of life to residents and visitors; and WHEREAS, representatives from counties, municipalities, transportation agencies, planning agencies, bicycling clubs, trail organizations, and multiple NCDOT divisions in southeastern North Carolina have worked cooperatively for over a year on the Cape Fear Regional Bicycle Plan (the Plan) in order to make bicycling a safe and accessible form of transportation and recreation; and WHEREAS, there were 487 reported bicycle crashes from 2007-2012 that have resulted in 254 or more injuries and eight fatalities in the region; and WHEREAS, the Plan will improve the quality and safety of bicycling through new and improved infrastructure, policies and programs, for all types of bicyclists; and WHEREAS, the Plan will increase transportation choices by improving connectivity of the bicycle network while increasing accessibility to transit and key destinations throughout the region; and WHEREAS, BlueCross BlueShield North Carolina has stated that every $1 investment in trails for physical activity can save about $3 in medical expenses; and WHEREAS, the Plan will improve health and wellness by increasing access to bikeways, thereby offering more opportunities for recreation, active transportation, and physical activity. WHEREAS, an NCDOT study in the neighboring coastal region of the Outer Banks has demonstrated the annual return on bicycle facility development is approximately nine times higher than the initial investment; and WHEREAS, the Plan promotes bicycle-related tourism and economic development for communities in Brunswick, Columbus, New Hanover, and Pender Counties as well as southern Bladen, western Onslow, and southern Sampson Counties; and WHEREAS, this Plan included an open and participatory process, with over 500 online mapping and public survey comments, with outreach at dozens of public events; and WHEREAS, 97% of survey respondents said they would bike more often if more bicycle lanes, trails, and safe roadway crossings were provided for bicyclists; and BOC MINUTES DECEMBER 12, 2017 8 WHEREAS, it is envisioned that a more bicycle-friendly Cape Fear region would offer multiple quality of life benefits to residents and visitors by increasing public safety, supporting health and the environment, expanding choices for mobility, and diversifying the strength of tourism in local communities throughout the region, and; WHEREAS, supporting this resolution does not replace any local plans nor dedicate any funding, but rather indicates a willingness to support the Plan’s recommended bicycle projects and programs. NOW THEREFORE, BE IT RESOLVED that the Town of Burgaw hereby adopts the Cape Fear Regional Bicycle Plan. Adopted this 12th day of December, 2017. ITEMS FROM ATTORNEY – Robert Kenan, Attorney Town of Burgaw/Burgaw Methodist Church Parking Lot Agreement Attorney Kenan presented a draft of the parking lot agreement with the Burgaw United Methodist Church regarding the town’s use of the parking on the north side of the building. He advised the current contract has expired and he has drafted a new agreement with the church effective January 1, 2018 through December 31, 2027. He said nothing has changed; this is just a renewal of the previous agreement. Commissioner Robbins questioned the use of the lot for political use in relation to the proximity of the town hall polling place. After discussion Attorney Kenan advised the agreement can be modified to state that political activities on Election Day or anytime that the town hall is used as a polling place would be acceptable. Commissioner Robbins made a motion to approve the parking lot agreement with the abovementioned amendment regarding political activities. The motion was seconded by Commissioner Harrell and carried by unanimous vote. ITEMS FROM MANAGER – Joseph Pierce, Town Manager Mr. Pierce advised Chef Gwen Gullikson of Cape Fear Community College has requested use of the depot kitchen at no charge for one jam making session for small family farm classes with the product to be distributed to Nourish NC. He advised the date is to be determined because it will be done in strawberry season and at this time they have not set a date. He said the use of the kitchen will be subject to availability. There was much discussion regarding free use of the kitchen which could appear that the Board is setting precedent for allowing free use but at the same time there was positive comments regarding the purpose of the request and the fact that this event is for a good cause. After some discussion Commissioner Dawson made a motion to allow the onetime use of the kitchen by CFCC and the small family farm group for a jam making class. The motion was seconded by Commissioner Harrell and carried by unanimous vote. BREAK 5:26 – 5:36 PUBLIC FORUM Speakers John Corcoran advised he wanted to talk about the hospital and canal project. He advised even after meeting with the engineer recently he has a lot of questions about the project. His questions were directed to Karen Dunn who explained in detail the project, the process and expected time frame. Mr. Corcoran advised he has many concerns about the location of the project, the cutting down of trees on his side, maintenance of the area and the effects of the project on his property in future storm events. After a twenty five minute conversation with no resolution for Mr. Corcoran’s issues, it was suggested that Ms. Dunn have Scott Sigmon, lead engineer on this project to come to Burgaw for a stakeholders meeting regarding Mr. Corcoran’s issues surrounding this project. Mr. Pierce suggested a presentation by the engineering firm to get all these issues addressed in an intelligent manner. It was the consensus of the Board to have Mr. Pierce instruct staff to set up a meeting here in the board room with Scott Sigmon and stakeholders with this project in order to have a clearer understanding of the issues. Karen Harding signed in but declined to speak. BOC MINUTES DECEMBER 12, 2017 9 ITEMS FROM MAYOR AND BOARD OF COMMISSIONERS Discussion - Appointment of Rural Transportation Planning Organization (RPO) Representative Mayor Cowan stated that Commissioner Robbins is currently serving in the capacity of the RPO representative. Commissioner Robbins advised he would defer this appointment to another Board member or to someone in another municipality. After discussion, it was determined to pass on this appointment and have someone from another municipality appointed. Re-appointment of Jakim Friant to Promotions/Special Events Committee Commissioner Dawson made a motion to re-appoint Mr. Friant to the Promotions/Special Events Committee. The motion was seconded by Commissioner George and carried by unanimous vote. Appointment of Planning Board Member to fill vacancy created by recent municipal election Commissioner Robbins nominated Zachary Rivenbark to fill the vacancy on the Planning Board. The motion was seconded by Commissioner George and carried by unanimous vote. Continuation of discussion from November meeting regarding street paving Commissioner Dawson advised this was discussed last month and Southern Asphalt is the paver that we are most comfortable with. Commissioner Dawson made a motion to approve the paving of the roads as presented at the November meeting with the addition of North McCrae Street at an additional cost of $18,098.30. Mayor Cowan asked if paving by the Piggly Wiggly on Dudley could be included in this as well. Commissioner Robbins said he would second the motion because he would like to proceed with what we have bids on. Motion carried. Commissioner Robbins said he does see what Mayor Cowan is talking about regarding Dudley Street in front of the Piggly Wiggly and it too needs repair. Commissioner Robbins stated that he would like to add N Wright Street to the list along with the repair of Dudley Street. Commissioner Robbins reminded the Board that $350,000 was budgeted for paving this year plus we have Powell Bill monies coming in as well. Mr. Moore was asked to get bids on the additional paving work requested. Other Items Commissioner Harrell asked Mr. Pierce if he has checked on the manhole situation on Clark Street. Mr. Pierce advised that is on his list for tomorrow. Commissioner Harrell said at some point he would like to evaluate our water and sewer to reflect the fact that our improved flow reading has been accomplished by adding new meters. He said he would like to make sure that we are not charging too much for our water since we now know exactly how much we are using. Commissioner Dawson commented there is a lot of damage on Clark Street where the work has been done. Mr. Pierce advised he has spoken with the homeowners that live there. He said the project is still in process and he will follow-up on that as soon as he can get further information. Mayor Cowan asked Mr. Moore if he has any information regarding the damage. Mr. Moore advised the area had been seeded and there was a party at the residence on Friday during a rain event and that is where all the damage was done. He said the damage was not done by the contractor. Commissioner Dawson mentioned that the railroad right of way looks very nice. Good job. Commissioner Robbins advised Chief Hock did a great job with the “Shop with a Cop” event. He said he has heard many positive comments about the event. BOC MINUTES DECEMBER 12, 2017 10 Commissioner Murphy asked Mr. Hesse if there is any update on the property beside the tennis courts. Mr. Hesse advised he is currently wrapping things up on another house and the Montague property is next on the list. Resolution 2017-39 Insurance Rate Increase Mayor Cowan advised Resolution 2017-39 is in regards to the proposed rate increase by the NC Department of Insurance. Commissioner Harrell made a motion to approve Resolution 2017-39. The motion was seconded by Commissioner Dawson and carried by unanimous vote. RESOLUTION 2017- 39 OPPOSING RATE INCREASE BY THE NORTH CAROLINA DEPARTMENT OF INSURANCE WHEREAS, The North Carolina Rate Bureau filed a notice with the North Carolina Department of Insurance requesting a statewide average increase in homeowners insurance rates of 18.7 percent for 2018; and WHEREAS, If the request is granted, the rate increase would take effect July 1, 2018 and severely impact coastal counties; and WHEREAS, the rate increases being requested vary by county with the largest increase being along the coast of Brunswick, Carteret, New Hanover and Pender Counties; and WHEREAS, the proposed increase is 80.5 percent for the coastal counties and comes after rate increases in 2002, 2005, 2007, 2009 and 2012; and WHEREAS, homeowners in coastal communities already pay premiums up to five times the rate charged for inland properties in addition to having separate wind and hail policies; and WHEREAS, loss experience does not justify the statewide rate disparity; in many instances, central and western NC have more losses per premium dollars paid than eastern NC counties; and WHEREAS, the increases seem to once again place an undue and excessive burden on homeowners in coastal counties who have sustained no significant weather related in more than 16 years; and WHEREAS, given the severe negative impact an increase in the cost of insurance will have on homeowners in the coastal counties, the North Carolina Department of Insurance should not approve yet another rate increase; and WHEREAS, changes in state law now mandate the North Carolina Department of Insurance to receive public comments prior to adopting rate increases. NOW THEREFORE BE IT RESOLVED, that the Town of Burgaw Board of Commissioners encourages Burgaw residents to participate in this governmental process by filing comments and making their position known regarding this issue by submitting written comments to the North Carolina Department of Insurance, Property & Casualty Division, 1201 Mail Service Center, Raleigh, NC 27699 or emailing concerns to 2017homeowners@ncdoi.gov by the December 29, 2017 deadline. NOW THEREFORE BE IT FURTHER RESOLVED, that the Town of Burgaw Board of Commissioners opposes the rate increase requested by the insurance industry for the citizens and homeowners of Burgaw. Adopted December 12, 2017. ADJOURNMENT There being no further discussion, Commissioner Harrell made a motion to adjourn. The motion was seconded by Commissioner Robbins and carried by unanimous vote. The meeting adjourned at 6:25PM. ___________________________________________ Kenneth T. Cowan, Mayor Attest: ____________________________________ Sylvia W. Raynor, Town Clerk BOC MINUTES DECEMBER 12, 2017 11

Agenda

TOWN OF BURGAW BOARD OF COMMISSIONERS MEETING BURGAW MUNICIPAL BUILDING December 12, 2017 4:00 PM AGENDA 1. Call to Order – Mayor Eugene Mulligan 2. Invocation –Chaplain Nick Smith 3. Pledge of Allegiance – All OLD BUSINESS 4. Approval of Agenda – Old Business, Special Presentation and Organizational Meeting 5. Approval of Consent Agenda A. Approval of Minutes of November 14, 2017 Regular Meeting and Closed Session B. Ordinance 2017-23 Refund of Donations for Proposed Splash Pad Project (Refund to citizens/businesses) Ordinance 2017-24 Refund of Donations for Proposed Splash Pad Project (Refund to TDA) C. Resolution 2017-32Amendment to Parks and Recreation Coordinator Job Description *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 PRESENTATION 6. To be announced by Mayor Pro-tem Robbins ORGANIZATIONAL MEETING 7. The Oath of Office will be administered to newly re-elected Commissioner Jan Dawson and newly elected Commissioner James Murphy 8. The Oath of Office will be administered to newly elected Mayor Kenneth T. (Pete) Cowan 9. Election of Mayor Pro-tem – Board of Commissioners 10. Oath of Office will be administered to Mayor Pro-tem Elect 11. Appointment of Council of Governments (COG) Representative – Mayor and Board of Commissioners 12. Other organizational business if necessary FIVE MINUTE BREAK 13. There will be a five minute break to allow time for congratulations and for guests to depart before the New Business begins. NEW BUSINESS Call to Order - Mayor Kenneth T. Cowan 14. Approval of New Business Agenda 15. Approval of Consent Agenda A. Resolution 2017-33 Approving Board Meeting Schedule for 2018 B. Resolution 2017-34 Approving Incorporation of 2017 Municipal Elections Abstract into Minutes of December 12, 2017 Meeting SPECIAL PRESENTATION 16. Justian Pound, Tax Assessor, Pender County Tax Administration will brief the Board on the upcoming Pender County Tax Reappraisal Process DEPARTMENTAL ITEMS Fire Department – Jim Taylor, Fire Chief 17. Approval of Fire Department Officers Planning – Karen Dunn, Planning Administrator 18. Review and approve Wilmington St. Sidewalk improvements to be presented to NCDOT for encroachment agreements 19. A. Consideration to approve Resolution 2017-35 to adopt the 2010 Pender County Parks and Recreation Master Plan as an addendum to the 2015 Town of Burgaw Bicycle and Pedestrian Plan B. Consideration to approve Resolution 2017-36 to adopt the 2010 Pender County Parks and Recreation Master Plan as an addendum to the 2016 Town of Burgaw Parks and Recreation Master Plan 20. A. Consideration to approve Resolution 2017-37 to adopt the West Side Trail in concept (with final location to be determined) as an addendum to the 2016 Town of Burgaw Parks and Recreation Master Plan B. Consideration to approve Resolution 2017-38 to adopt the West Side Trail in concept (with final location to be determined) as an addendum to the 2015 Town of Burgaw Bicycle and Pedestrian Plan 21. Consideration of a Request from Allen Serkin, Cape Fear Area Rural Planning Organization (RPO) representative for Burgaw Board of Commissioners to consider Resolution 2017-39 to Adopt the Cape Fear Regional Bicycling Plan ITEMS FROM ATTORNEY – Robert Kenan, Attorney 22. Town of Burgaw/Burgaw Methodist Church Parking Lot Agreement 23. Other Items to be announced ITEMS FROM MANAGER – Joseph Pierce, Town Manager 24. To be announced ITEMS FROM MAYOR AND BOARD OF COMMISSIONERS 25. Discussion - Appointment of Rural Transportation Planning Organization (RPO) Representative 26. Re-appointment of Jakim Friant to Promotions/Special Events Committee 27. Appointment of Planning Board Member to fill vacancy created by recent municipal election 28. Continue discussion from November meeting regarding street paving 29. Other Items to be announced BREAK (5:30 or thereabout) 30. There will be a five minute break in order to allow citizens to sign-up for Public Forum. PUBLIC FORUM 31. The Public Forum is for non-public hearing items only. Speakers must sign in, step to the podium when recognized, state your name and residence address and limit remarks to three (3) minutes per speaker. CLOSED SESSION – if applicable ADJOURNMENT

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