Board of Commissioners

TOWN OF BURGAW BOARD OF COMMISSIONERS REGULAR MEETING DATE: November 12, 2019 TIME: 4:00 PM PLACE: Burgaw Municipal Building BOARD MEMBERS PRESENT: Mayor Kenneth Cowan Mayor Pro-tem Wilfred Robbins Commissioners Jan Dawson, Bill George, Vernon Harrell, James Murphy STAFF PRESENT: James Gantt, Town Manager Kristin J. Wells, Town Clerk Zachary Rivenbark, Town Attorney Alan Moore, Public Works Director Louis Hesse, Building Code Administrator Jim Hock, Police Chief Jim Taylor, Fire Chief Wendy Pope, Finance Officer Tiffany Byrd, Deputy Finance Officer Cody Suggs, Parks & Recreation Director Andrea Correll, Planning Director MEDIA PRESENT: Andy Pettigrew, Pender Post & Voice INVOCATION: Reverend Bryant Crosson PLEDGE OF ALLEGIANCE: All The meeting was called to order by Mayor Cowan at 4:00 PM and congratulated the recently re-elected commissioners. The invocation was led by Reverend Crosson. Approval of Agenda Commissioner Dawson made a motion to approve the agenda. The motion was seconded by Commissioner Robbins and carried by unanimous vote. Approval of Consent Agenda Commissioner Robbins made a motion to approve the consent agenda. The motion was seconded by Commissioner Dawson and carried by unanimous vote. A. Approval of the September 30, 2019 special meeting minutes B. Approval of the October 1, 2019 special meeting minutes C. Approval of the October 8, 2019 regular meeting minutes D. Approval of the October 8, 2019 closed session minutes E. Approval of Ordinance 2019-23 Amending FY 19-20 budget to recognize insurance proceeds from NCLM Interlocal Risk Financing Fund F. Approval of Ordinance 2019-24 Amending the FY 19-20 budget to appropriate funds for the purchase of new playground equipment ORDINANCE 2019-23 AMENDING FISCAL YEAR 2019-2020 ANNUAL BUDGET Increasing Revenues and Expenditures WHEREAS, the Town of Burgaw Board of Commissioners passed an ordinance adopting a budget for FY 2019-2020 on June 11, 2019; and WHEREAS, the Dodge Ram truck, VIN 31185, was involved in a minor accident on September 15, 2019 and requires rear quarter panel repair; and BOC MINUTES NOVEMBER 12, 2019 PAGE 1 of 5  WHEREAS, the Town has received a check from NCLM Interlocal Risk Financing Fund in the amount of $ 2,705.20 to cover the cost of the repair; and WHEREAS, the Town of Burgaw would like to recognize $2,705.20 from NCLM Interlocal Risk Financing Fund into the FY 19-20 budget, therefore, additional revenue and expenditure must be recognized. NOW THEREFORE, BE IT ORDAINED BY THE TOWN OF BURGAW BOARD OF COMMISSIONERS THAT: Section 1: The FY 2019-2020 budget be altered to reflect the following changes: INCREASE BUDGETED REVENUE Account Number Account Description Amount 10-3730-00-800 Insurance Proceeds $2,705.20 INCREASE BUDGETED EXPENDITURE Account Number Account Description Amount 10-5400-40-170 M&R Vehicles $2,705.20 Adopted this the 12th day of November 2019. ORDINANCE 2019-24 AMENDING FISCAL YEAR 2019-2020 ANNUAL BUDGET Increasing Revenues and Expenditures WHEREAS, the Town of Burgaw Board of Commissioners passed an ordinance adopting a budget for FY 2019-2020 on June 11, 2019; and WHEREAS, the Town of Burgaw desires to update the playground equipment at Harrells Park; and WHEREAS, the Parks and Recreation Director worked with Barrs Recreation and designed a new 62’ x 50’ play area at a cost of $63,731.89; and WHEREAS, an appropriation from General Fund fund balance is required to complete the request for purchase of the equipment and installation in the FY 19-20 budget, therefore, additional revenue and expenditure must be recognized. NOW THEREFORE, BE IT ORDAINED BY THE TOWN OF BURGAW BOARD OF COMMISSIONERS THAT: Section 1: The FY 2019-2020 budget be altered to reflect the following changes: INCREASE BUDGETED REVENUE Account Number Account Description Amount 10-3900-00-900 Fund Balance Appropriation $63,731.89 INCREASE BUDGETED EXPENDITURE Account Number Account Description Amount 10-6200-80-740 Capital Outlay $63,731.89 Adopted this the 12th day of November 2019. BOC MINUTES NOVEMBER 12, 2019 PAGE 2 of 5 SPECIAL PRESENTATION Presentation by the 2019 Burgaw Dixie Youth SweeTee’s Team Sara Jolly and the SweeTee’s Team presented a plaque to the town to show their appreciation for the sponsorship to the 2019 World Series where the team came in fifth place and won the sportsmanship award representing Burgaw. Presentation by McKim & Creed regarding US Highway 117 Sewer Improvement Study Tony Boahn with McKim & Creed presented the findings from a recent sewer system analysis in the area of US Highway 117. Mr. Boahn advised the study revealed there is potential for development of about 450 homes in the area. He explained options for providing sewer in the future. Documents on file in the Clerk’s office. There was some discussion regarding the future developments behind State Employees Credit Union and White Tractor Company. Mr. Gantt advised the project behind State Employees Credit Union will not be able to move forward if there is not future plans for expanding the sewer capacity in the area. Ms. Pope advised there is approximately $2.7 million available in the water/sewer fund, plus system development fees available around $302k, bringing the total amount available for this project to a little over $3 million. Commissioner Robbins commented there are a lot of other sewer issues around town and would like to look at these areas as well. He has concern with the availability of funds for fixing all of the issues. Mr. Gantt advised the town is currently working through a grant that allows study of inflow and infiltration. He also stated system development fees collected over time will pay for the project. Commissioner Robbins commented he would like to study this project before making a decision. Commissioner Dawson and Robbins requested more information by showing flood and wetland areas. Mr. Gantt will bring more information back at the next meeting. DEPARTMENTAL ITEMS Parks & Recreation Advisory Committee Membership Discussion Mr. Suggs gave an update from the last meeting in regards to the membership of the Parks & Recreation Advisory Committee. He advised he has made contact with all of the members and everyone has indicated they would like to remain in the committee and will make a valid attempt to attend more meetings. Mr. Suggs commented he would like to put an attendance policy in place for this committee as like the Planning and Zoning Board. Street Closure Request for Christmas Tree Lighting on November 29, 2019 Mr. Suggs requested closure of North Wright Street between East Fremont Street and East Wilmington Street between 5:00 PM and 9:00 PM on Friday, November 29, 2019 for the Annual Christmas Tree Lighting. Commissioner Robbins made a motion to close the street as requested. The motion was seconded by Commissioner Dawson and carried by unanimous vote. Street Closure Request for New Year’s Eve Blueberry Drop on December 31, 2019 Mr. Gantt advised he has spoken with the county regarding the materials surrounding the Courthouse for renovations and they have indicated there will be no materials in the parking areas along Fremont Street as originally intended. Therefore, the Blueberry Drop can continue in the location as originally planned, on Fremont Street between Walker Street and Wright Street. The map that was included in the agenda packet is no longer being considered due to the information provided by Mr. Gantt. Mr. Gantt advised the request for street closure would now be Fremont Street between Walker Street and Wright Street and Wright Street between Courthouse Avenue and Fremont Street. Times for the street closures would be from 11:00 AM to accommodate stage set up until 12:00 AM on Wednesday, January 1, 2020, or earlier if equipment has been removed from road way prior to 12:00 AM. Commissioner Harrell requested to keep Wright Street open as late as possible to accommodate the businesses. Mr. Suggs advised parking places can be blocked off for food vendors and the street can remain open longer. Commissioner Harrell made a motion to allow the closure of Fremont Street at 11:00 AM and Wright Street, between Courthouse Avenue and Fremont Street, at 11:00 AM with staff being considerate of leaving it open longer if needed to accommodate businesses. The motion was seconded by Commissioner Dawson and carried by unanimous vote. BOC MINUTES NOVEMBER 12, 2019 PAGE 3 of 5 Commissioner Harrell asked Mr. Suggs how many food trucks were going to be present at the event and how they were going to be regulated. Mr. Suggs advised there are currently three food vendors set to attend. He advised the health department regulates the food trucks. Commissioner Harrell commented the town does not have any regulations stipulating food trucks. Mr. Suggs said if food trucks operate in the closed streets, they are part of the event and are regulated by the health department. Commissioner Harrell voiced his concern regarding no regulations by the town to allow food trucks. Mr. Gantt advised the ordinance currently allows food trucks but must be on private property with permission and a zoning permit; they are not allowed to set up in a right-of-way or in the street. Commissioner Harrell asked Ms. Correll to continue looking into consideration of revising the ordinance to allow food trucks with regulations. Other comments Mayor Cowan commended Mr. Suggs for his help with the harvest dinner hosted by the NC Blueberry Festival. ITEMS FROM THE ATTORNEY – Zachary Rivenbark, Town Attorney Attorney Rivenbark stated he had no items at this time. ITEMS FROM THE MANAGER – James Gantt, Town Manager Discussion regarding renovations at the former EMS Building Mr. Gantt presented a new layout for renovations at the former EMS Building, as requested from the prior month’s board meeting. The option presented included the addition of office space and a classroom. Mr. Gantt advised the open space was reduced to around 2,100 square feet, and with tables and chairs, would accommodate around 140 people. The original plan would accommodate around 200 people with tables and chairs. There was discussion regarding the roll up door, possibility of placing storage units behind the building and discussion regarding locations of restrooms. Commissioner Dawson asked why the plan included two offices. Mr. Gantt commented the extra office space would accommodate additional staff for the Parks & Recreation Department in the future. Commissioner Harrell commented about the office space that was originally discussed for the Arts Council. Mr. Gantt asked for direction from the board before moving forward. After much discussion, it was the consensus of the board to study the plans and continue the discussion at the December meeting. ITEMS FROM MAYOR AND BOARD OF COMMISSIONERS Commissioner Robbins commented he has received complaints regarding the cars on the former Willie’s Tire property on Penderlea Highway, as well as equipment and items for sale on a vacant lot in the same area. Mr. Hesse will look into this issue. Commissioner Dawson thanked staff for a job well done on the Christmas decorations and the planning of events around town. Commissioner Harrell thanked staff for cleaning up the tennis courts. He also asked if the shut off timer for the lights at the tennis courts could be changed. Mr. Moore will look into this. Commissioner Harrell commented about the recycling service and a recent incident regarding confusing information given to a resident. He asked staff to coordinate with the recycling company so that accurate information can be provided when needed. Commissioner Harrell asked Mr. Suggs why he is no longer accepting paper applications for facility rentals. Mr. Suggs advised the town has transitioned into a new rental software that will be used in conjunction with the town’s new website. He stated if someone needed help reserving a facility, they are welcome to come to town hall and he would be glad to enter the reservation for them online. Commissioner Harrell requested Mr. Suggs to place this information on the website so people are aware of this option. BOC MINUTES NOVEMBER 12, 2019 PAGE 4 of 5 Commissioner Harrell asked about the singular yoga class. Mr. Suggs advised Christina Hoffman will be returning to offer Dance2Fit again. Mr. Suggs said there is a meeting scheduled with the instructors to go over a class schedule. Commissioner Harrell said he received concern regarding the pay rate for the yoga instructors. Mr. Suggs advised the pay was approved by the board during the budget process and are being paid $15 per hour. Commissioner Harrell spoke on behalf of the Daughters of the American Revolution to share their appreciation for use of the Depot for the Veterans’ Day Ceremony. Commissioner George commented on a job well done for the newsletter being sent every Friday. Commissioner Robbins commented the new “Slow Down in our Town” signs look great. BREAK 5:18 PM – 5:25 PM PUBLIC FORUM There was no one present to speak during public forum. Other items from Mayor and Board of Commissioners Mayor Cowan made comments about the drainage issues in the area of Leslie Lock. He stated if we don’t try to get this issue resolved soon, companies will consider moving out of the area. Mr. Gantt showed a map of the area to the board and pointed out ditches and options to help with the drainage issue. There was some discussion about the options. Attorney Rivenbark stated he believes the property could be obtained by eminent domain because it would be a public necessity. Mayor Cowan commented Mr. Gantt is working with contractors to get an estimate on cleaning ditches out, etc. Commissioner Dawson asked if NC DOT had done anything after Hurricane Florence to help with the issue since traffic could not access the interstate through Pender County. Mr. Gantt said studies have been done to look at the possibility of elevating the interstate. Comments were made for the town to pressure the county into looking for resolutions to this issue. There was much discussion. Commissioner Robbins commented there are other drainage issues in town that need to be looked at as well. ADJOURNMENT Commissioner Dawson made a motion to adjourn. The motion was seconded by Commissioner Robbins and carried by unanimous vote. The meeting was adjourned at 5:45 PM. _____________________________ Kenneth T. Cowan, Mayor Attest:_____________________________ Kristin J. Wells, Town Clerk BOC MINUTES NOVEMBER 12, 2019 PAGE 5 of 5