Board of Commissioners
Regular MeetingBurgaw, NC · February 11, 2020
Minutes
TOWN OF BURGAW BOARD OF COMMISSIONERS
REGULAR MEETING
DATE: February 11, 2020
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
Clay Jasper, Deputy Fire Chief
Wendy Pope, Finance Officer
Tiffany Byrd, Deputy Finance Officer
Cody Suggs, Parks & Recreation Director
Andrea Correll, Planning Director
MEDIA PRESENT: None
INVOCATION: Reverend Nick Smith
PLEDGE OF ALLEGIANCE: All
The meeting was called to order by Mayor Cowan at 4:04 PM and the invocation was led by Reverend Smith.
Approval of Agenda
Mayor Cowan requested to amend the agenda to allow Mike Hewett with the film crews to speak. Commissioner
George made a motion to approve the agenda as amended. The motion was seconded by Commissioner Harrell 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 Murphy and carried by unanimous vote.
A. Approval of the January 14, 2020 regular meeting minutes
B. Approval of Resolution 2020-01 Supporting the Wilmington Rail Realignment Project
C. Approval of Ordinance 2020-01 Closing the Capital Project Ordinance for the Town of Burgaw
Clark Street Water and Sewer Main Improvements
D. Approval of Ordinance 2020-02 Closing the Capital Project Ordinance for the Town of Burgaw
Water Distribution System Rehabilitation Project
E. Approval of Ordinance 2020-03 Recognizing funds received from the HOME programs FCB
Account #91181632 into the FY 19-20 budget
RESOLUTION 2020-01
RESOLUTION SUPPORTING THE WILMINGTON RAIL REALIGNMENT PROJECT
FOR THE BENEFITS OF ENVIRONMENTAL SUSTAINABILITY, IMPROVED
COMMUTING TIMES, PUBLIC SAFETY, QUALITY OF LIFE, ENHANCED FREIGHT
MOVEMENT AND ECONOMIC DEVELOPMENT
WHEREAS, the City of Wilmington has worked with local, regional, state, federal and
private partners in the conceptualization of the Wilmington Rail Realignment Project;
and
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WHEREAS, on June 17, 2017 Wilmington City Council of accepted the Wilmington Rail
Realignment and Right of Way Use Alternatives Feasibility Study which found no fatal
flaws to the project, and supported continued development of the project; and
WHEREAS, on June 12, 2019 the Wilmington Rail Realignment Project was announced
as a recipient of up to $2 million in grant funds under the Federal Railroad
Administration’s Consolidated Rail Infrastructure and Safety Improvements grant
program; and
WHEREAS, the North Carolina Department of Transportation’s Board of Transportation
approved during their October 2019 meeting $250,000 in matching funds, with an
additional $250,000 in matching funding expected in the subsequent fiscal year; and
WHEREAS, the City of Wilmington is expected to commence work pursuant to the
National Environmental Policy Act in the first half of 2020; and
WHEREAS, the development of the Wilmington Rail Realignment Project promotes
environmental sustainability in nearby communities along the corridor; and
WHEREAS, the Wilmington Rail Realignment project would provide new options for the
movement of goods while also enhancing mobility and public safety for the region; and
WHEREAS, the improvements associated with the Wilmington Rail Realignment Project
will stimulate regional investment and economic development opportunities.
NOW, THEREFORE BE IT RESOLVED, that the Town of Burgaw supports the
furtherance of the Wilmington Rail Realignment Project to provide the region of
southeast North Carolina with a solid foundation for transportation on which growth and
future prosperity can be built.
BE IT FURTHER RESOLVED that the Town of Burgaw will explore the potential for
future collaboration and partnership with the City of Wilmington on the Rail Realignment
Project.
ADOPTED this eleventh day of February, 2020.
ORDINANCE 2020-01
CLOSING OF CAPITAL PROJECT ORDINANCE 2017-16
For West Clark Street Water & Sewer Main Improvements
WHEREAS, the Town of Burgaw Board of Commissioners began a capital project in
2017 for the installation of new water main line, fire hydrants, valves and associated
appurtenances along S Smith and W Clark Streets; and
WHEREAS, the project was funded with Water, Sewer & Impact Fee retained earnings;
and
WHEREAS, the project has been completed and the engineers on the project have
submitted their certificates of completion; and
WHEREAS, the officers of this unit completed the capital project within the terms of the
grant documents and the budget contained herein; and
WHEREAS, the following amounts were expended for the project:
Construction 156,000
Contingency 6,375
$ 162,375
WHEREAS, the following revenues and other financing sources were received for the
project:
Transfer from enterprise fund retained earnings $ 162,375
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NOW, THEREFORE, BE IT ORDAINED by the Town of Burgaw Board of
Commissioners that the Town of Burgaw West Clark St. Water & Sewer Main
Improvements Capital Project is complete, the Project Ordinance is closed out and all
remaining balances are transferred accordingly.
ADOPTED this eleventh day of February, 2020.
ORDINANCE 2020-02
CLOSING OF CAPITAL PROJECT ORDINANCE 2016-01
For Town of Burgaw Water Distribution System Rehabilitation Project
WHEREAS, the Town of Burgaw Board of Commissioners began a capital project in
2016 for rehabilitation of water main lines, an emergency generator at well site, and the
conversion to AMI water meters; and
WHEREAS, the project was financed by NC Clean Water State Revolving Fund Loan;
and
WHEREAS, the project has been completed and the engineers on the project have
submitted their certificates of completion; and
WHEREAS, the officers of this unit completed the capital project within the terms of the
grant documents and the budget contained herein; and
WHEREAS, the following amounts were expended for the project:
Engineering 42,709
Legal and administration 27,094
Equipment 407,132
Construction 813,080
Contingency 61,011
$1,351,026
WHEREAS, the following revenues and other financing sources were received for the
project:
NC Clean Water State Revolving Fund Loan $1,306,397
WHEREAS, there are excess expenditures over financing sources remaining in the
Capital Project Fund in the amount of $44,629 and will require a transfer of funds from
the Water/Sewer fund to cover the deficit; and
NOW, THEREFORE, BE IT ORDAINED by the Town of Burgaw Board of
Commissioners that the Town of Burgaw Water Distribution System Rehabilitation
Capital Project is complete, the Project Ordinance is closed out and all remaining
balances are transferred accordingly.
ADOPTED this eleventh day of February, 2020.
ORDINANCE 2020-03
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 created a Special Revenue Fund to account for HUD
HOME Program and NC Housing funds which were restricted by law to
specific purposes; and
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WHEREAS, the Town has not had any activity, revenue or expense in the Special Revenue
Fund since 2005 and the dedicated purpose has ended; and
WHEREAS, the Town would like to close the separate checking account at First Citizens
bank with a carrying balance of $6,691.60 and transfer those funds to the general fund where those
monies will be used for general citizen purpose; and
WHEREAS, the Town of Burgaw would like to recognize $6,691.60 from the HOME
programs FCB account #91181632 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
10-3700-00-800 Misc General Fund Revenue $ 6,691.60
INCREASE BUDGETED EXPENDITURE
Account Number Account Description Amount
10-6000-00-590 Non Departmental Reserve $ 6,691.60
ADOPTED this the eleventh day of February, 2020.
SPECIAL PRESENTATIONS
Film Request – Mike Hewett
Mike Hewett, Location Manager for TV Pilot “This Country” spoke to the board regarding an upcoming filming
project that are wanting to do in town, mainly on the courthouse square. Due to the current construction to the
courthouse and crews working during the week days, Mr. Hewett requested the board to allow filming on Sunday,
March 22, 2020. The town’s current film policy states filming is prohibited on Sundays. Mr. Hewett explained the
type of filming that would be done in town. Mayor Cowan asked how early filming would begin on a Sunday. Mr.
Hewett advised it would be early, daylight dependent. Mr. Hewett also commented on a scene planned for fireworks
that would be done after sunset. After some discussion, Commissioner Harrell made a motion to allow the crew to
film on Sunday for this one project, “This Country.” The motion was seconded by Commissioner Murphy and
carried by unanimous vote.
Presentation of the June 30, 2019 Audit – Lee Grissom, S. Preston Douglas & Associates
Lee Grissom, partner with S. Preston Douglas & Associates, presented the June 30, 2019 audit to the board.
Document on file in the Clerk’s office.
DEPARTMENTAL ITEMS
Human Resources Department – Kimberly Rivenbark, Human Resources Technician
ADA Transition Plan
Ms. Rivenbark gave an overview of the required plan the town needs to have in place regarding the Americans with
Disabilities Act (ADA). She stated the board needs to appoint an ADA Coordinator and adopt an ADA Policy
Statement and a Complaint Grievance Process. Detailed documents are on file in the Clerk’s office. Ms. Rivenbark
stated the town will need outside assistance to proceed with having the plan put in place. She stated the process
involves a self-evaluation of the town’s facilities, sidewalks, etc. to ensure the town is ADA compliant.
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Commissioner Robbins made a motion to approve step one in its entirety as presented, designating Ms. Rivenbark as
the town’s ADA Coordinator. The motion was seconded by Commissioner Harrell and carried by unanimous vote.
Resolution 2020-02 Amending the Current Personnel Policy
Ms. Rivenbark presented the proposed changes regarding vacation and sick leave accrual rates in result of recently
adding additional full time firefighters. She explained there are different types of shifts for regular full time
employees versus full time firefighters and full time police officers. Due to the nature of their jobs, these employees
have various shifts, which require different accrual rates based on the number of hours worked during a work week.
After some brief explanation by Ms. Rivenbark, Commissioner George made a motion to approve Resolution 2020-
02 as presented. The motion was seconded by Commissioner Dawson and carried by unanimous vote.
RESOLUTION 2020-02
AMENDING THE CURRENT PERSONNEL POLICY
WHEREAS, the Town of Burgaw Board of Commissioners approved the use of the
Personnel Policy on September 11, 2012; and
WHEREAS, the Town Manager recommends changes and new policies to replace
existing policies and procedures within Article VII, Section 2, Vacation Leave; and
WHEREAS, the Town Manager recommends changes and new policies to replace
existing policies and procedures within Article VII, Section 4, Sick Leave; and
NOW THEREFORE, BE IT RESOLVED BY THE TOWN OF BURGAW BOARD OF
COMMISSIONERS THAT the Town of Burgaw Board of Commissioners hereby
amends the Personnel Policy to reflect the changes attached.
ADOPTED this eleventh day of February, 2020.
Approved amendments on file in the Clerk’s office.
Parks & Recreation Department – Cody Suggs, Director
Ms. Suggs reminded the board to attend the upcoming Grand Re-opening and Ribbon Cutting Ceremony for Harrell
Memorial Park.
Depot Usage Policies
As requested by the board at the prior board meeting, Mr. Suggs presented recommended changes to the depot usage
policies. The board had previously approved governmental use of the depot, but the text needed to be included in the
policy, as described below. There was also discussion regarding requests for using the depot free of charge by local
organizations. Commissioner Robbins voiced his concerns with allowing free use of the depot. He stated it seems we
have strayed from the policy a lot over the years. Mr. Suggs suggested all organizations that request use of the depot
free of charge should be approved through the board and will pay the cleaning fee. There was also discussion
regarding the Chamber of Commerce’s agreement in using the depot in regards to the cleaning fee and how their
events are approved. Commissioner Dawson commented she thinks all organizations that are given free use of the
depot shall pay the cleaning fee. Commissioner Robbins commented all events should go through Mr. Suggs. Mr.
Suggs also advised there are issues with outside organizations going to the Chamber and wanting to partner to have
free use of the facility. Mr. Suggs suggested the Chamber send their annual events to him to reserve the building at
the beginning of the year. Any additional events would be approved through the board. Attorney Rivenbark stated
the board needs to clarify how the events should be approved for the Chamber. It was the consensus of the board to
allow Mr. Suggs to approve the events, and anything out of the ordinary would be taken to the board for approval.
After much discussion, it was requested by the board to have Attorney Rivenbark and Mr. Suggs bring the policies
back at the next board meeting with recommended amendments. Commissioner Robbins commented he does not
want to charge the cleaning fee to the Daughters of the American Revolution that has prior approval of perpetual use
of the dock and flag pole area at the depot for the annual Veterans’ Day Ceremony.
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ITEMS FROM THE ATTORNEY – Zachary Rivenbark, Town Attorney
Attorney Rivenbark stated he had no items to discuss at this time.
ITEMS FROM THE MANAGER – James Gantt, Town Manager
EMS Building Renovations – Discussion
Architect Sam Guidry presented the design plans for the old EMS building renovations based on the preliminary
drawings provided by Mr. Gantt. Mayor Cowan asked if the town was saving money by remodeling or starting from
scratch. Mr. Guidry commented he believes the town would save money by remodeling rather than demolition and
starting over. He said it would depend on the direction the town goes with the exterior of the building (i.e. brick).
There was discussion regarding the mural. Commissioner Harrell voiced his concern with taking the mural panels
apart and putting them back together since it contains custom paint colors. He also commented on a roll up door on
the west side of the building for a truck entrance.
BREAK 5:23 PM – 5:35 PM
PUBLIC FORUM
John Westbrook, Burgaw Antiqueplace, briefly spoke about the Courthouse Avenue project. He suggested bollards
down the street that contain water and electricity hook ups to allow food trucks.
Myra McDuffie, Tourism Development Authority (TDA) Member, gave an update on the projects and ideas the
TDA has recently discussed. She advised the members have discussed possible bumper stickers, community yard
sale with food trucks, and a map showing local places and the walking trail. Mayor Cowan made a comment in
regards to obtaining a dining car at the depot. He advised NCDOT Rail Division has recently contacted him about
the possibility of the town getting a dining car from a museum in Spencer, NC. Mr. Cowan commented he will be
looking into this in the future.
PUBLIC HEARING #1 – Andrea Correll, Planning Director
Consideration of Text Amendments to the Unified Development Ordinance: Recommend amending the
Unified Development Ordinance to include text amendments related to Condition Use Permits amending the
following sections: Section 3-10: Conditional Use Permits C. Procedures (b), Section 6-2: Definitions of Basic
Terms deleting retail and adding Retail Store, Section 8-2: Table of Permitted Uses to change some uses from
a conditional use permit to a use by right with standards, Section 8-4: Use Standards adding standards to
reflect amendments to the Table of Permitted Uses (and removing reference lettering and alphabetizing),
Section 8-5: Regulations for Conditional Uses amending standards to reflect amendments to the Table of
Permitted Uses.
Mayor Cowan opened the public hearing at 5:42 PM.
Ms. Correll gave a presentation of the amendments as described above. Lengthy document reflecting amendments
are on file in the Clerk’s office.
During the presentation, the following items were discussed. Commissioner Dawson voiced her concern with
allowing car washes in B-1. Commissioner Harrell also voiced his concern. It was the consensus of the board to
remove car washes in B-1. Commissioner Robbins commented on the civic, clubs and lodges descriptions. He is
concern with these being allowed in R-12 and R-7. Commissioner Harrell commented he agreed with Commissioner
Robbins’ concern of allowing these in the residential areas. It was the consensus of the board to remove civic, clubs
and lodges, etc. from R-12 and R-7.
Mayor Cowan closed the public hearing at 6:03 PM.
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Resolution 2020-03 Adopting a statement of consistency regarding requested text change amendments of the
Town of Burgaw Unified Development Ordinance to include text amendments related to Condition Use
Permits amending the following sections: Section 3-10: Conditional Use Permits C. Procedures (b), Section 6-
2: Definitions of Basic Terms deleting retail and adding Retail Store, Section 8-2: Table of Permitted Uses to
change some uses from a conditional use permit to a use by right with standards, Section 8-4: Use Standards
adding standards to reflect amendments to the Table of Permitted Uses (and removing reference lettering and
alphabetizing), Section 8-5: Regulations for Conditional Uses amending standards to reflect amendments to
the Table of Permitted Uses.
Commissioner Harrell made a motion to approve Resolution 2020-03 with the changes as requested by the board
during the presentation. The motion was seconded by Commissioner George and carried by unanimous vote.
RESOLUTION 2020-03
ADOPTING A STATEMENT OF CONSISTENCY REGARDING REQUESTED
TEXT CHANGE AMENDMENTS OF THE TOWN OF BURGAW UNIFIED
DEVELOPMENT ORDINANCE TO AMEND SECTION 3-10: CONDITIONAL
USE PERMITS C. PROCEDURES, SECTION 6-2: DEFINITIONS OF BASIC
TERMS DELETING RETAIL ADDING RETAIL STORE, SECTION 8-2: TABLE
OF PERMITTED USES TO CHANGE SOME USES FROM A CONDITIONAL
USE PERMIT TO A USE BY RIGHT WITH STANDARDS, SECTION 8-4: USE
STANDARDS, ADDING STANDARDS TO REFLECT AMENDMENTS TO THE
TABLE OF PERMITTED USES (AND REMOVING REFERENCE LETTERING
AND ALPHABETIZING) AND SECTION 8-5 TO REGULATIONS FOR USE
STANDARDS AMENDING STANDARDS TO REFLECT AMENDMENTS TO
THE TABLE OF PERMITTED USES.
WHEREAS, applicant, Town of Burgaw Staff, has requested the town amend the Town
of Burgaw Unified Development Ordinance to amend Section 3-10: Conditional Use,
Section 6-2: Definitions, Section 8-2: Table of Permitted, Section 8-4: Use Standards,
and Section 8-5 to Regulations for Use Standards; and
WHEREAS, planning staff has reviewed the proposed text change amendment for
consistency with the Town of Burgaw 2030 Comprehensive Land Use Plan and has
presented those findings to the Town of Burgaw Planning Board and the Town of
Burgaw Board of Commissioners; and
WHEREAS, the Town of Burgaw Planning and Zoning Board at their January 16, 2020
meeting recommended the adoption of the draft consistency statement to the Board of
Commissioners; and
WHEREAS, the Town of Burgaw Board of Commissioners reviewed the staff report and
draft consistency statement at their February 11, 2020 meeting and find the proposed text
change amendment to be consistent with the Town of Burgaw 2030 Comprehensive Land
Use Plan, reasonable, and in the public interest;
NOW THEREFORE, BE IT RESOLVED BY THE TOWN OF BURGAW BOARD OF
COMMISSIONERS THAT the proposed text change amendment is consistent with the
Town of Burgaw 2030 Comprehensive Land Use Plan. By specially identifying the use
standards that formerly required a conditional use permit, it will help ensure clear and
efficient administrative procedures, policies, and ordinances that will attract and retain
the type of enterprises necessary to achieve the Town’s vision. It will support existing
businesses, and attract new businesses, that will enhance the economic health and
livability of the town while keeping standards that encourage quality and controlled
growth that enhance and maintain the community’s character.
ADOPTED this the eleventh day of February, 2020.
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Ordinance 2020-04 Approving a text change amendment to Section 3-10: Conditional Use Permits C.
Procedures (b), Section 6-2: Definitions of Basic Terms deleting retail and adding Retail Store, Section 8-2:
Table of Permitted Uses to change some uses from a conditional use permit to a use by right with standards,
Section 8-4: Use Standards adding standards to reflect amendments to the Table of Permitted Uses (and
removing reference lettering and alphabetizing), Section 8-5: Regulations for Conditional Uses amending
standards to reflect amendments to the Table of Permitted Uses.
Commissioner Dawson made a motion to approve Ordinance 2020-04 with the changes as requested by the board
during the presentation. The motion was seconded by Commissioner Harrell and carried by unanimous vote.
ORDINANCE 2020-04
APPROVING A TEXT CHANGE AMENDMENT TO SECTION 3-10: CONDITIONAL
USE PERMITS C. PROCEDURES, SECTION 6-2: DEFINITIONS OF BASIC TERMS
DELETING RETAIL ADDING RETAIL STORE, SECTION 8-2: TABLE OF PERMITTED
USES TO CHANGE SOME USES FROM A CONDITIONAL USE PERMIT TO A USE BY
RIGHT WITH STANDARDS, SECTION 8-4: USE STANDARDS, ADDING STANDARDS
TO REFLECT AMENDMENTS TO THE TABLE OF PERMITTED USES (AND
REMOVING REFERENCE LETTERING AND ALPHABETIZING) AND SECTION 8-5
TO REGULATIONS FOR USE STANDARDS AMENDING STANDARDS TO REFLECT
AMENDMENTS TO THE TABLE OF PERMITTED USES.
WHEREAS, the Town of Burgaw is a municipal corporation organized under the laws of North
Carolina, vested with the powers enumerated in Chapter 160A and 160D of the North Carolina
General Statues; and
WHEREAS, the Town of Burgaw Board of Commissioners adopted the Unified Development
Ordinance (UDO) and zoning map on December 12, 2000; and
WHEREAS, the town’s current ordinances regarding conditional use permits C. Procedures (b) will
change; and
WHEREAS, the town’s current ordinances regarding the definition of basic terms deleting retail
and adding retail store; and
WHEREAS, Section 8-2: Table of Permitted Uses to change some uses from conditional use
permit to a use by right with standards, Section 8-4: Use Standards, adding standards to reflect
amendments to the Table of Permitted Uses (and removing reference lettering and alphabetizing)
and Section 8-5: Regulations for Use Standards amending standards to reflect amendments to the
Table of Permitted Uses; and
WHEREAS, at the Town of Burgaw’s Planning and Zoning Board meeting on January 16, 2020,
the Board voted to recommend approval of these text change amendments, including
recommending a comprehensive plan consistency statement attached with revisions;
NOW THEREFORE, BE IT ORDAINED BY THE TOWN OF BURGAW BOARD OF
COMMISSIONERS THAT:
SECTION 1: The Unified Development Ordinance is amended as attached.
SECTION 2. This amendment to the Unified Development Ordinance (UDO) becomes effective
immediately upon adoption of this ordinance on this, the 11th day of February 2020.
Approved amendments on file in the Clerk’s office.
PUBLIC HEARING #2 – James Gantt, Town Manager
Early Citizen Input on FY 2020-2021 Budget
Mayor Cowan opened the public hearing at 6:05 PM. Mr. Gantt commented this was a time to allow early citizen
comments regarding the upcoming municipal budget.
No speakers signed up to speak during the public hearing.
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Rochelle Whiteside was present and asked if this was the appropriate time to speak on behalf of the Pender County
Spring Festival in regards to the current and upcoming budget. She read a letter from the festival committee,
including requests to the town for assistance prior to and during the festival. Letter on file in the Clerk’s office. Mr.
Gantt advised there is $1,000 already included in the current budget for FY 2019-2020. Ms. Whiteside requested to
be added to the budget list for consideration during the FY 2020-2021 budget process.
Mayor Cowan closed the public hearing at 6:09 PM.
Other items from the Manager
Letter regarding the ABC Board withholding disbursements
Mr. Gantt advised he received a letter from Pender County addressed to the Pender County ABC Board in response
to their decision to withhold disbursements. He stated the ABC board has plans to build a new facility in the area,
which in turn results in their decision to withhold the town’s disbursements. Mr. Gantt advised the letter from the
county stated their objection to the ABC board withholding the money from the county and the municipalities. The
county is asking the municipalities to sign the letter in support of the county’s comments. Attorney Rivenbark made
comments in regards to speaking with Attorney Robert Kenan that represents the ABC board. He stated the ABC
board cannot legally withhold the money from the municipalities. They could, however, potentially limit the amount
they issue to the municipalities. Commissioner Harrell commented he thinks the town board should express our
dissatisfaction with the ABC board’s decision.
Commissioner Harrell made a motion for the town to sign the letter written by the county. The motion was seconded
by Commissioner Dawson and carried by unanimous vote.
Abandoned motor vehicles
Mr. Gantt advised he and Ms. Correll had recently discussed issues with abandoned vehicles. He commented the
ordinance states “the person has a pre-towing appeal option.” He said the appeal option lists the committee that
hears the appeal of being the two Board of Commissioners serving on the finance committee. Since the board no
longer has sub committees, Mr. Gantt recommended the board appoint two board members to serve on this
committee, with one of those being the chairperson. Mr. Gantt advised this would suffice in the meantime until the
ordinance is updated along with other changes during this current year.
Commissioner George and Commissioner Harrell commented they would serve on the committee. It was agreed
upon by the two commissioners that Commissioner George would serve as the chairperson. Commissioner Dawson
made a motion to appoint these two members on the committee as described by Mr. Gantt. The motion was
seconded by Commissioner Robbins and carried by unanimous vote.
Creation of a part-time Building Inspector
Mr. Gantt advised Mr. Hesse, Building Code Administrator, is in need of extra help in the inspections department.
Mr. Gantt commented we currently have a contract building inspector to work as needed in Mr. Hesse’s absence.
His recommendation is to convert the contractor position into a part time position to assist with building inspections.
Mr. Gantt provided the job description to the board for review. He stated there is current funding to cover this
position in the inspections’ budget. Mr. Gantt commented this would be an “as needed” position.
After some brief discussion, Commissioner Harrell made a motion to approve the part time position and approve the
amended Personnel Policy with the addition of the job description. The motion was seconded by Commissioner
Dawson and carried by unanimous vote.
Board Room remodel to accommodate space needs
Mr. Gantt advised there has been a need for additional space in Town Hall for quite some time. He commented since
the town now has 24 hour full-time firefighters, the Fire Department needs more space. The main priority is to
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provide adequate sleeping quarters for both male and female fire personnel. Mr. Gantt advised the Police
Department is also in need of space. He commented he and staff have discussed all options to help resolve the space
issue and have determined remodeling the board room space would best suit the needs. The board room area would
be transformed into Fire Department office space and bunk rooms. The renovation would also include an upgraded
shower and bathroom area where the current shower is located. With this transition, the current bunk room and Fire
Chief’s office would become available space in the Police Department. Mr. Gantt suggested the board meetings to
be held at the Community House during the interim until the EMS building is renovated. The board meetings would
be held permanently in that facility once it was completed. Mr. Gantt advised there are funds within the Fire
Department budget available to cover the renovation expenses. He commented these were funds that were allocated
for debt service on the fire engine that is actually not due until next fiscal year.
Commissioner George made a motion to approve the recommendation as described by Mr. Gantt. Attorney
Rivenbark stated something needs to be done from a legal standpoint in regards to adequate sleeping facilities.
Commissioner Harrell asked how long it would take to transition the board room area. Mr. Gantt and Mr. Hesse
advised the project would be completely relatively quick. Commissioner Harrell asked if there was a need for a
mobile unit in the interim. Mr. Gantt advised there are current arrangements for sleeping in place during the interim,
but we are in need of a more permanent solution in the near future.
Mr. Gantt showed the proposed concept for the remodel and there was brief discussion.
Commissioner Harrell commented that we need to look at the situation before hiring personnel in the future.
The motion was seconded by Commissioner Harrell and carried by unanimous vote.
Commissioner Robbins commented he wished this item had been included in the agenda packet for review prior to
the meeting. He said he is not opposed to the idea, but we are making this decision in a hasty fashion. He
commented we are moving a big part of our government out of this building that has been here so long.
Drainage issue discussion
Mr. Gantt advised town experienced significant flooding during a recent rain event. He said staff have met with NC
DOT recently to get their ideas and plans regarding the drainage issues in the area. Mr. Gantt advised NC DOT
personnel said they could install a warning system to alert people of the flooding incident. Mr. Gantt commented
this would not fix the problem. He and staff have reviewed the storm water master plan and ways to improve the
drainage. The main issue is the area towards the interstate near Burgaw Creek. Mr. Gantt advised he is currently
working with the county and NC DOT to look further into what they can do downstream. He is also looking into
grant funding through the Cape Fear Council of Governments, as well as studying other ways to help fix the
problem. Mayor Cowan commented some of the problem is our outflow ditches in town. There was much discussion
about this issue. Mayor Cowan commented the town needs to show progress to the businesses near the interstate.
There was discussion about the possibility of obtaining an easement through the old golf course property. Mayor
Cowan asked the board to direct Mr. Gantt in writing a letter to show the businesses in the area a timeline of when
the town plans to make progress on this issue and not wait on grant funding.
ITEMS FROM MAYOR AND BOARD OF COMMISSIONERS
Consideration of RFQs for Courthouse Avenue Project
Mr. Gantt advised the board previously selected the top three applicants and held a special meeting to speak with
each firm regarding the project. The next step would be for the board to select one of the three firms to move
forward with a cost proposal. Commissioner Harrell said his choice would be WithersRavenel; he liked their
presentation and the fact they included possible ways for financing the project, as well as obtaining public input
during their design process. Commissioner Dawson commented her top choice would be WithersRavenel, with
McGill being a very close second choice. Commissioner Robbins and Murphy concurred with Commissioner
Dawson and Harrell’s comments about WithersRavenel. Mayor Cowan commented on looking at a master plan for
the entire downtown area. Commissioner Robbins said he believes we should only concentrate on one street.
Commissioner Harrell commented he thinks by us concentrating on one area, it would set a direction for the rest of
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FEBRUARY 11, 2020
PAGE 10 of 11
the town. Commissioner George said we need to know how much it is going to cost, but we also have a more serious
problem with drainage in town. Mayor Cowan asked Ms. Correll to speak about the recent conversations with NC
DOT regarding the NC Highway 53 corridor. She advised there have been recent discussions about projects in the
areas and the possibility of considering the NC Highway 53 corridor again. She also stated they have discussed
placing the rail road back down that would eventually come through town. Ms. Correll also commented she would
like the board to think about appointing an elected official to serve on and attend the RPO meetings. Commissioner
Robbins commented the NC Highway 53 corridor has nothing to do with our project for Courthouse Avenue and
wants to move forward.
Commissioner Harrell made a motion to select WithersRavenel. The motion was seconded by Commissioner
Murphy and carried by unanimous vote.
Other items from Mayor and Board of Commissioners
Commissioner Robbins asked about placing mulch in the triangle at the intersection of Timberly Lane and NC
Highway 53. Mr. Moore said that would be up to the board, but the landscaper would be looking at it.
Commissioner Harrell asked about the type of holly trees being placed along side of the cemetery. Mr. Gantt advised
they are Nellie Stevens.
Commissioner Harrell voiced his concern with the parking issue on Satchwell Street at the post office. He
commented there have been a few accidents with the vehicles backing out of parking spaces in the same direction.
Commissioner Harrell asked how long does a property owner have to clean up debris after a fire or similar disaster.
Attorney Rivenbark stated this type of issue would fall under the same process as dilapidated structures. Mr. Gantt
commented the insurance and investigation processes in result of the disaster takes time 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 7:05 PM.
_____________________________
Kenneth T. Cowan, Mayor
Attest:_____________________________
Kristin J. Wells, Town Clerk
BOC MINUTES
FEBRUARY 11, 2020
PAGE 11 of 11
Agenda
Town of Burgaw
Board of Commissioners Meeting
Burgaw Municipal Building, 109 North Walker Street, Burgaw NC
February 11, 2020 at 4:00 PM
AGENDA
1. Call to Order – Mayor Kenneth Cowan
2. Invocation – Reverend Nick Smith
3. Pledge of Allegiance – All
4. Approval of Agenda
5. Approval of Consent Agenda
A. Approval of the January 14, 2020 regular meeting minutes
B. Approval of Resolution 2020-01 Supporting the Wilmington Rail Realignment Project
C. Approval of Ordinance 2020-01 Closing the Capital Project Ordinance for the Town of Burgaw
Clark Street Water and Sewer Main Improvements
D. Approval of Ordinance 2020-02 Closing the Capital Project Ordinance for the Town of Burgaw
Water Distribution System Rehabilitation Project
E. Approval of Ordinance 2020-03 Recognizing funds received from the HOME programs FCB
Account #91181632 into the FY 19-20 budget
*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 REQUESTS/PRESENTATIONS
6. Presentation of the June 30, 2019 Audit – Lee Grissom, S. Preston Douglas & Associates
DEPARTMENTAL ITEMS
Human Resources Department – Kimberly Rivenbark, Human Resources Technician
7. ADA Transition Plan – Discussion
8. Resolution 2020-02 Amending the Current Personnel Policy
Parks & Recreation Department – Cody Suggs, Director
9. Depot Usage Policies - Discussion
ITEMS FROM ATTORNEY – Zachary Rivenbark, Town Attorney
10. To be announced
ITEMS FROM MANAGER – James Gantt, Town Manager
11. EMS Building Renovations - Discussion
12. Other items to be announced
ITEMS FROM MAYOR AND BOARD OF COMMISSIONERS
13. Consideration of RFQs for Courthouse Avenue Project
14. Other items to be announced
BREAK (5:30 or thereabout)
There will be a five minute break in order to allow citizens to sign up for Public Forum and Public Hearings.
PUBLIC FORUM
15. Public Forum - 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.
PUBLIC HEARINGS
Public Hearing #1 – Andrea Correll, Planning Director
16. Consideration of Text Amendments to the Unified Development Ordinance: Recommend amending
the Unified Development Ordinance to include text amendments related to Condition Use Permits
amending the following sections: Section 3-10: Conditional Use Permits C. Procedures (b), Section 6-2:
Definitions of Basic Terms deleting retail and adding Retail Store, Section 8-2: Table of Permitted Uses
to change some uses from a conditional use permit to a use by right with standards, Section 8-4: Use
Standards adding standards to reflect amendments to the Table of Permitted Uses (and removing
reference lettering and alphabetizing), Section 8-5: Regulations for Conditional Uses amending
standards to reflect amendments to the Table of Permitted Uses.
17. Resolution 2020-03: Adopting a statement of consistency regarding requested text change
amendments as described above.
18. Ordinance 2020-04: Approving Text Amendments to the Unified Development Ordinance as
described above.
Public Hearing #2 – James Gantt, Town Manager
19. Early Citizen Input on FY 2020-2021 Budget
20. CLOSED SESSION – if applicable
21. ADJOURNMENT
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