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Board of Commissioners

Regular Meeting

Burgaw, NC · July 13, 2021

AgendaMinutes

Minutes

TOWN OF BURGAW BOARD OF COMMISSIONERS REGULAR MEETING DATE: July 13, 2021 TIME: 4:30 PM PLACE: Historic Train Depot, 115 S. Dickerson Street BOARD MEMBERS PRESENT: Mayor Kenneth Cowan Mayor Pro-tem Wilfred Robbins Commissioners Jan Dawson, Bill George, James Murphy, Vernon Harrell STAFF PRESENT: James Gantt, Town Manager Kristin J. Wells, Town Clerk Zachary Rivenbark, Town Attorney Wendy Pope, Finance Officer Tiffany Byrd, Deputy Finance Officer Andrea Correll, Planning Director Kimberly Rivenbark, Deputy Town Clerk Jim Hock, Police Chief Alan Moore, Public Works Director Clay Jasper, Deputy Fire Chief Cody Suggs, Parks & Recreation Director Jayna Donaldson, Recreation Coordinator MEDIA PRESENT: None INVOCATION: Nick Smith PLEDGE OF ALLEGIANCE: All The meeting was called to order by Mayor Cowan at 4:30 PM and the invocation was led by Reverend Smith. Approval of Agenda Mayor Cowan asked the board for approval of the agenda. Commissioner George made a motion to approve the agenda as presented. The motion was seconded by Commissioner Harrell and carried by unanimous vote. Approval of Consent Agenda Commissioner George made a motion to approve the consent agenda as presented. The motion was seconded by Commissioner Harrell and carried by unanimous vote. A. Resolution 2021-09 Approving absentee voting for municipal elections RESOLUTION 2021-09 APPROVING ABSENTEE VOTING FOR MUNICIPAL ELECTIONS WHEREAS, Absentee voting includes One stop Early Voting and absentee by mail voting. WHEREAS, the Town of Burgaw Board of Commissioners feel early voting would be beneficial to the Voters within the Town Limits or those voters that choose to vote by mail. NOW, THEREFORE, BE IT RESOLVED by the Town of Burgaw Board of Commissioners that Absentee Voting for the November 2021 Municipal Election will be allowed, and all future elections held for the Town of Burgaw by the Pender County Board of Elections until which time this resolution is repealed by the Town of Burgaw Board of Commissioners. Adopted this 13th day of July, 2021 SPECIAL PRESENTATIONS/REQUESTS Recognition of service and upcoming retirement for employee Willis Murphy BOC MINUTES JULY 13, 2021 PAGE 1 of 9 Mayor Cowan recognized and presented a plaque to town employee Willis Murphy for his years of service and upcoming retirement. Burgaw Tourism Development Authority Updates – Jennifer Hansen, Chairperson Jennifer Hansen, Chairperson of the Tourism Development Authority (TDA), gave an update on the past, current and upcoming projects and events. She said the TDA has recently purchased new banners (total of 25) to hang on the lampposts around the area of Walmart, as well as some to be placed around the downtown area. Ms. Hansen commented on the installation of the banners. She said the TDA has used their money to purchase the banners, but wanted to get feedback from the town board on the town maintenance department putting up the banners for the TDA. Mr. Suggs said if the TDA waits until the town has the lift rented for the Christmas decorations, the earliest the banners would go up would be January after the Christmas decorations come down. Commissioner George said he would like them to be put up now. Mr. Moore said to rent the lift, it would cost about $1,500 per week. There was discussion about the number of banners ordered. Ms. Hansen said if the town is willing to spend the money to have the banners put up, it would allow the TDA to purchase more banners. The banners are around $100 each. Commissioner Robbins asked how many more banners does the TDA need. Mr. Moore and Mr. Suggs said there are currently about 24 banners in the downtown area. Mr. Suggs said he thinks a total of 35 would probably be good. After some discussion, Commissioner Robbins made a motion to allow the TDA to get the banners that they need, with the money coming from capital reserve for the additional 15 banners from what has already been ordered; Commissioner Robbins also included in his motion for the town to pay for the rental of the lift to put the banners up. The motion was seconded by Commissioner George and carried by unanimous vote. Commissioner Robbins commented the town is getting to the point now that we need to look into buying our own lift. There was discussion regarding the costs of a used lift; Mr. Gantt advised it would be around $35,000. After discussion about the cost difference in renting a lift versus purchasing one, Mr. Gantt said it is cheaper for the town to rent the lift when needed instead of purchasing one. Ms. Hansen thanked the staff of the Parks, Recreation & Tourism office for the work put into the “Visit Burgaw NC” Facebook page and the new “visitburgawnc.com” website. Mr. Suggs showed the two webpages and all of the information within them. Ms. Hansen also pointed out the new TDA logo which is on the Facebook page and the website. Mr. Suggs also explained the new “Business Spotlight of the Week” that the TDA is doing for businesses within the town. Ms. Hansen added the TDA also has t-shirts and license tags for sale at Town Hall, on the TDA’s website, and will be for sale at special events. Commissioner Harrell asked the TDA to think about the possibility of local merchants selling “Burgaw” items on the TDA website. Commissioner Dawson suggested the business spotlight showcase “Burgaw” items they may have for sale during their spotlight week. Ms. Hansen also said the local merchants may purchase the “Burgaw” t-shirts directly from the TDA and sell them in their shops, but will not be able to do so with the license tags since they have the town logo on them. Mr. Suggs and Ms. Hansen commented on the recent and upcoming events hosted by the TDA. There was a good turn out to the Summer Market. There will be a special TDA meeting “Community Roundtable” on July 29, 2021 at 8:00 AM for anyone to come and share their thoughts and ideas on events in town. In closing, Ms. Hansen welcomed Jayna Donaldson as the new TDA staff person in the Parks, Recreation & Tourism Department. She also commented on the approved TDA budget that was given to the board members prior to the meeting. Update on the TDA Membership Attorney Rivenbark commented on the motion a while back from the board to request an increase in the number of members on the TDA. He advised the board he received notice from Representative Smith regarding the additional TDA members and it has passed the General Assembly on June 17, 2021 to allow the Town of Burgaw to add two (2) members to create a five (5) member board when there is only one (1) occupancy tax collector; if another hotel/bed and breakfast opens, that would make two (2) occupancy tax collectors, and the board would revert back to the “1/3 of the membership shall be occupancy tax collectors” and the board would then need to add an additional member to make it a six (6) member board. After brief comments, Commissioner Harrell made a motion to expand BOC MINUTES JULY 13, 2021 PAGE 2 of 9 the TDA board to five (5) members and advertise for two (2) vacancies. The motion was seconded by Commissioner George and carried by unanimous vote. Ms. Hansen thanked the town staff for their assistance with everything. Presentation of Community Service Awards to Girl Scout Troop 4301 – Cody Suggs, Parks & Recreation Director Mr. Suggs recognized and presented a Community Service award to Girl Scout Troop 4301 for their story walk and little library project along the Osgood Canal Walking Trail between the blueberry statue at Timberly Lane and Fremont Street. Mr. Suggs said the troop has donated the story walk to the town and Parks, Recreation & Tourism will be responsible for updating the stories along the trail. The board congratulated the troop for a job well done. 2021 Ghost Walk request – Stephanie Key, Pender County Tourism Stephanie Key with Pender County Tourism spoke to the board about the possibility of moving the annual Ghost Walk event to the Burgaw Cemetery. She said she had spoken to each board member on an individual basis and wants to make sure the event is respectful of those laid to rest there. Ms. Key reviewed some of the preliminary plans for the event and said the Ghost Walk committee is sure they will be able to make sure everyone is respectful of the area. She said the committee has discussed ways to make sure people stay away from the middle areas of the cemetery and only remain on the roads. Ms. Key said she has also reviewed the town’s cemetery ordinance. Commissioner Harrell asked about the size of the groups and how many group leaders. Ms. Key said they would be capping the groups this year at 20 people per group and there would be around 10-12 group leaders, making the tour about an hour and a half. Commissioner Harrell asked where the presenters would be during the tour. Ms. Key said they would be in the road, or in a safe location away from gravesites. Ms. Key also said she has met with Chief Hock about the request of police presence. She said there would be volunteers spaced out throughout the cemetery to keep people on the roads and away from gravesites. Commissioner George asked if there would be people walking down the roads that run east and west. Ms. Key said only the main roads around the entire cemetery would be used. Attorney Rivenbark asked for the dates and times of the Ghost Walk. Ms. Key advised the dates for the event would be October 22 and 23, with the first tour starting at 6:00 PM and the last tour at 9:30 PM. Attorney Rivenbark commented on the cemetery ordinance and the time it normally closes to the public. Ms. Wells stated the cemetery opens at 7:00 AM and closes at 6:00 PM between October 1 through March 31. Mr. Gantt added, per the ordinance, “the cemetery shall be open to the public at such other times as adopted by resolution.” Attorney Rivenbark advised the board can allow use of the cemetery after 6:00 PM with the adoption of a resolution stating same. Mayor Cowan asked for feed back from the board. Commissioner Murphy said he did not have a problem with the request. He also advised his church (across from the cemetery and Hankins Park) will allow use of the parking lot. Attorney Rivenbark stated, if the board would like to approve the request, we would need to bring back a resolution at the next meeting to allow use of the cemetery on the dates and times listed above. Ms. Key said she expects everyone to be out of the cemetery by 11:00 PM at the latest. Commissioner Harrell asked if Ms. Key had heard any negative comments from family of those buried in the cemetery. Ms. Key said she did not receive any negative comments other than the request of being respectful of the gravesites. She also said she would request street closures upon approval of the use of the cemetery. After some comments by Ms. Key and the board, Commissioner Robbins made a motion to move forward as a town to support the Ghost Walk, pending a resolution coming next month on the scheduled days until 11:00 PM to allow the cemetery to remain open. The motion was seconded by Commissioner Murphy and carried by unanimous vote. ITEMS FROM THE ATTORNEY – Zachary Rivenbark, Town Attorney Attorney Rivenbark said we are still waiting on the legal descriptions from McKim & Creed regarding the Highway 117 sewer corridor easements. He stated his other items are for closed session discussion. There were comments regarding the Highway 117 sewer project. Mr. Gantt said the maps have been recorded at the Register of Deeds office. He said there were some preliminary descriptions sent but they were waiting for the official legal descriptions. Mr. Gantt said he would reach out to get an update. Attorney Rivenbark said once the town gets the official descriptions, he can begin obtaining the easements. BOC MINUTES JULY 13, 2021 PAGE 3 of 9 BREAK 5:25 PM – 5:35 PM PUBLIC FORUM No one signed up to speak during the Public Forum. ITEMS FROM THE MANAGER – James Gantt, Town Manager Resolution 2021-10 Accepting American Rescue Plan Act funds Mr. Gantt advised the town should be receiving a total of $1,322,275.69 from the recently approved American Rescue Plan. He said the first disbursement should be any time now, which is expected to be $661,137.85, with the second disbursement no sooner than a year later. Mr. Gantt advised a resolution needs to be adopted to accept the funds and allocate in a special fund. He said once the funds are received, staff will verify the amount and do a budget amendment to create the special fund. Mr. Gantt suggested the board to hold a work session to discuss priorities on how to spend the funds because there is specific criteria on how the funds can be used. After some comments from Mr. Gantt regarding the funds, Commissioner Dawson made a motion to approve Resolution 2021- 10 as presented. The motion was seconded by Commissioner Harrell and carried by unanimous vote. Resolution 2021-10 Accepting American Rescue Plan Act funds WHEREAS, the Town of Burgaw is eligible for funding from the Coronavirus State and Local Fiscal Recovery Funds of H.R. 1319 American Rescue Plan Act of 2021 (CSLRF). WHEREAS, the North Carolina General Assembly will provide for the distribution of funds to eligible North Carolina municipalities; and WHEREAS, before receiving a payment, the Board of Commissioners is required to formally accept the CSLRF funds; WHEREAS, revenue received under the CSLRF must only be spent for purposes authorized by the CSLRF, and applicable regulations, and by state law; WHEREAS, revenue received under the CSLRF must be accounted for in a separate fund and not co-mingled with other revenue for accounting purposes; and WHEREAS, the Town of Burgaw must comply with all applicable budgeting, accounting, contracting, reporting, and other compliance requirements for CSLRF funds. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Town of Burgaw that we do hereby accept and request CSLRF funding to be distributed by the State of North Carolina; and FURTHER RESOLVED that the Town of Burgaw affirms that the CSLRF revenue will only be used for the purposes prescribed in the CSLRF, and in US Treasury guidance in 31 CFR, Part 35, and any applicable regulations, and in accordance with state law; and FUTHER RESOLVED that the Town of Burgaw will comply with procedures created by the North Carolina General Assembly and the US Treasury Department to receive funds under the act; and FURTHER RESOLVED that the Town of Burgaw will account for CSLRF in a separate fund and not co-mingle it with other revenues for accounting purposes and will comply with all applicable federal and state budgeting, accounting, contracting, reporting, and other compliance requirements for CSLRF funds; and FURTHER RESOLVED that the Board of Commissioners of the Town of Burgaw designates and directs the Budget Officer to take all actions necessary on behalf of the Board of Commissioners to receive the CSLRF funds. ADOPTED, this the 13 day of July, 2021. Update on current town projects Emergency Watershed Protection Program: Mr. Gantt said discussions have begun with the Army Corp on permitting requirements and all is going well. BOC MINUTES JULY 13, 2021 PAGE 4 of 9 EMS Building Renovations: Mr. Gantt said he is waiting to hear back from the contractor. The contractor has made several site visits with subcontractors looking at the building and how to address the demolition and remodeling of the facility. Mr. Gantt said he will send an update to the board. There was brief discussion on items in the building. Mr. Gantt said there was a previous motion by the board to contact the Arts Council thirty (30) days prior to construction so they could remove their items. Courthouse Avenue: Mr. Gantt advised he and Ms. Correll are still having conversations with WithersRavenel. They are supposed to do the final phase of the master plan, which is the parking analysis, within the next couple of months. Mr. Gantt said they were waiting on court to resume in the courthouse to get an accurate analysis of the parking around the downtown area. Mr. Gantt advised WithersRavenel continues to look for funding sources for the implementation of the plan. Mr. Gantt also commented on the possibility of the American Rescue Plan funds that could be used on some of the water and sewer infrastructure within the project. There was some discussion regarding grants for the project and the possibility of placing the power lines underground and plant trees. Powell Bill Certification: Mr. Gantt advised he and Ms. Correll has been working on the Powell Bill certification. He said the town bid out the project this year and errors were found from prior years. Mr. Gantt said the errors are being corrected and will be submitted to the state later in the month. Commissioner Robbins asked when the paving of the streets will start that were approved by the board. Mr. Gantt said Mr. Moore is working on getting quotes for the stormwater project on Cowan Street because that has to be done first. Mr. Gantt said after that, paving crews will come in to do all the paving at one time. ITEMS FROM MAYOR AND BOARD OF COMMISSIONERS Consideration of appointing one (1) member to the Parks & Recreation Advisory Committee Mr. Suggs advised staff has only received one application for the vacancy on the Parks & Recreation Advisory Committee. Mr. Suggs said he has interacted with the applicant, Jason Faircloth, in the past and accepts that applicant to the committee unless the board wishes to continue advertisement. Mr. Suggs said he believes Mr. Faircloth would be a good fit; he has a young family and is a pastor trying to start a new church in town. Commissioner Harrell said he has met Mr. Faircloth and seems to be a very nice and respectable family man. Commissioner George made a motion to appoint Jason Faircloth to the Parks & Recreation Advisory Committee. The motion was seconded by Commissioner Harrell and carried by unanimous vote. Other items from the Mayor and Board of Commissioners Commissioner Murphy thanked Mr. Moore and his staff for mowing the area of North McNeil Street and Highway 53. Commissioner Dawson asked everyone to keep Captain Fuller’s son in their prayers due to a motor vehicle collision in Kentucky. Commissioner Harrell thanked Mr. Moore and his staff for patching North McRae Street. He also thanked Mr. Gantt for the updates during the recent storm. PUBLIC HEARINGS Public Hearing #1 – Andrea Correll, Planning Director Consideration of a Unified Development Ordinance text amendment to Section 10.12: (F) Minor Subdivision; removing the requirement for one mylar returned to the Town after recordation. Mayor Cowan declared the public hearing open at 5:55 PM. Ms. Correll presented the text amendment request as described in the ordinance below. BOC MINUTES JULY 13, 2021 PAGE 5 of 9 Mayor Cowan declared the public hearing closed at 5:57 PM. Resolution 2021-11 Adopting a statement of consistency regarding a requested text amendment of the Town of Burgaw Unified Development Ordinance to no longer require one mylar and two paper copies be returned to the town after recordation of a minor subdivision when one (1) paper copy is all that is needed. Commissioner Harrell made a motion to approve Resolution 2021-11 as presented. The motion was seconded by Commissioner Dawson and carried by unanimous vote. RESOLUTION 2021-11 ADOPTING A STATEMENT OF CONSISTENCY REGARDING A REQUESTED TEXT AMENDMENT OF THE TOWN OF BURGAW UNIFIED DEVELOPMENT ORDINANCE TO NO LONGER REQUIRE ONE MYLAR AND TWO PAPER COPIES BE RETURNED TO THE TOWN AFTER RECORDATION OF A MINOR SUBDIVISION WHEN ONE (1) PAPER COPY IS ALL THAT IS NEEDED. WHEREAS, the applicant, Town of Burgaw Staff, has requested the Town amend the Town of Burgaw Unified Development Ordinance to amend Section 10.12: (F) Minor Subdivision to only require one paper copy be returned to the Town after recordation; 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 May 27th , 2021 meeting, recommended the adoption of the Draft Comprehensive Plan Consistency Statement to the Board of Commissioners; and WHEREAS, the Town of Burgaw Board of Commissioners reviewed the staff report and Draft Comprehensive Plan Consistency Statement at their July 13 , 2021 meeting and found the proposed text change amendment to be consistent with the Town of Burgaw 2030 Comprehensive Land Use Plan, being reasonable, and in the public interest; and NOW THEREFORE BE IT RESOLVED BY THE TOWN OF BURGAW BOARD OF COMMISSIONERS THAT the proposed Unified Development Ordinance text amendment is consistent with the Town of Burgaw 2030 Comprehensive Plan by specifically preserving and enhancing the livability of the Town, while keeping standards encouraging quality and controlled growth that enhances and maintains the community’s character. Adopted this 13th day of July 2021. Ordinance 2021-13 Approving a text change amendment of the Town of Burgaw Unified Development Ordinance to no longer require one mylar and two paper copes be returned to the town after recordation of a minor subdivision when one (1) paper copy is all that is needed. Commissioner Dawson made a motion to approve Ordinance 2021-13 as presented. The motion was seconded by Commissioner Harrell and carried by unanimous vote. ORDINANCE 2021-13 A REQUESTED TEXT CHANGE AMENDMENT OF THE TOWN OF BURGAW UNIFIED DEVELOPMENT ORDINANCE TO NO LONGER REQUIRE ONE MYLAR AND TWO PAPER COPIES BE RETURNED TO THE TOWN AFTER RECORDATION OF A MINOR SUBDIVISION WHEN ONE (1) PAPER COPY IS ALL THAT IS NEEDED. WHEREAS, applicant, Town of Burgaw Staff, has requested the Town amend the Town of Burgaw Unified Development Ordinance to amend Section 10.12: (F) Minor Subdivision, 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 May 27th, 2021 meeting, recommended the adoption to the proposed text amendment to the Board of Commissioners of the Town of Burgaw amending the Unified Development Ordinance to no longer require one mylar and two paper copies be returned to the Town after recordation of a minor subdivision when one (1) paper copy is all that is needed, WHEREAS, the Town of Burgaw Board of Commissioners reviewed the staff report, the proposed text amendments and the Draft Comprehensive Plan Consistency Statement at their July 13, 2021 meeting and found the proposed text change amendment to be consistent with the Town of Burgaw 2030 Comprehensive Land Use Plan, reasonable, and in the public interest; and BOC MINUTES JULY 13, 2021 PAGE 6 of 9 NOW THEREFORE BE IT ORDAINED BY THE TOWN OF BURGAW BOARD OF COMMISSIONERS THAT SECTION 1. The Town of Burgaw Unified Development Ordinance is amended as follows: Section 10.12 Minor Subdivisions (J)The Town’s Map Review Officer may require a deposit, in accordance with the Town of Burgaw Official Fee Schedule, to be posted after returning signed copies of the subdivision plat to the subdivider to ensure that required recorded copies (one (1) Mylar and two (2) one (1) paper copy) are is returned to the Town. SECTION 2. These amendments become effective immediately upon adoption of this ordinance on this, the 13th day of July 2021. Public Hearing #2 – Andrea Correll, Planning Director Consideration of a Unified Development Ordinance text amendment to Section 8.14: Table of Permitted Uses, Special Uses and Special Requirements; adding a Mixed Use Structure and correcting Manufactured Home, Residential Occupancy in R-7 MH. Mayor Cowan declared the public hearing open at 5:57 PM. Ms. Correll presented the text amendment request as described in the ordinance below. Mayor Cowan declared the public hearing closed at 5:58 PM. Resolution 2021-12 Adopting a statement of consistency regarding a requested text amendment of the Town of Burgaw Unified Development Ordinance to Section 8.14 adding a Mixed Use Structure and correcting Manufactured Home, Residential Occupancy in R-7 MH. Commissioner Harrell made a motion to approve Resolution 2021-12 as presented. The motion was seconded by Commissioner Dawson and carried by unanimous vote. RESOLUTION 2021-12 ADOPTING A STATEMENT OF CONSISTENCY REGARDING A REQUESTED TEXT AMENDMENT OF THE TOWN OF BURGAW UNIFIED DEVELOPMENT ORDINANCE TO SECTION 8.14 ADDING A MIXED USE STRUCTURE AND CORRECTING MANUFACTURED HOME, RESIDENTIAL OCCUPANCY IN R-7 MH. WHEREAS, the applicant, Town of Burgaw Staff, has requested the Town amend the Town of Burgaw Unified Development Ordinance to amend Section 8.14: Table of Permitted Uses, Special Uses and Special Requirements, adding a Mixed - Use Structure to cross reference the text already in the Unified Development Ordinance and correcting Manufactured Home, Residential Occupancy in R-7 MH.; 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 May 27th , 2021 meeting, recommended the adoption of the Draft Comprehensive Plan Consistency Statement to the Board of Commissioners; and WHEREAS, the Town of Burgaw Board of Commissioners reviewed the staff report and Draft Comprehensive Plan Consistency Statement at their July 13, 2021, meeting and found the proposed text change amendment to be consistent with the Town of Burgaw 2030 Comprehensive Land Use Plan, being reasonable, and in the public interest; and NOW THEREFORE BE IT RESOLVED BY THE TOWN OF BURGAW BOARD OF COMMISSIONERS THAT the proposed Unified Development Ordinance text amendment is consistent with the Town of Burgaw 2030 Comprehensive Plan by specifically preserving and enhancing the livability of the Town, while keeping standards encouraging quality and controlled growth that enhances and maintains the community’s character. Adopted this 13th day of July 2021. Ordinance 2021-14 Approving a text amendment of the Town of Burgaw Unified Development Ordinance to Section 8.14 Table of Permitted Uses, Special Uses and Special Requirements, adding a Mixed Use Structure to cross reference the text already in the Unified Development Ordinance and correcting Manufactured Home, Residential Occupancy in R-7 MH. BOC MINUTES JULY 13, 2021 PAGE 7 of 9 Commissioner Harrell made a motion to approve Ordinance 2021-14 as presented. The motion was seconded by Commissioner Robbins and carried by unanimous vote. ORDINANCE 2021-14 A REQUESTED TEXT CHANGE AMENDMENT OF THE TOWN OF BURGAW UNIFIED DEVELOPMENT ORDINANCE TO SECTION 8.14: TABLE OF PERMITTED USES, SPECIAL USES AND SPECIAL REQUIREMENTS, ADDING A MIXED - USE STRUCTURE TO CROSS REFERENCE THE TEXT ALREADY IN THE UNIFIED DEVELOPMENT ORDINANCE AND CORRECTING MANUFACTURED HOME, RESIDENTIAL OCCUPANCY IN R-7 MH. WHEREAS, applicant, Town of Burgaw Staff, has requested the Town amend the Town of Burgaw Unified Development Ordinance to amend Section 8.14: Table of Permitted Uses, Special Uses and Special Requirements, 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 May 27th, 2021, meeting, recommended the adoption to the proposed text amendment to the Board of Commissioners of the Town of Burgaw amending the Unified Development Ordinance to no longer require one mylar and two paper copies be returned to the Town after recordation of a minor subdivision when one (1) paper copy is all that is needed, WHEREAS, the Town of Burgaw Board of Commissioners reviewed the staff report, the proposed text amendments and the Draft Comprehensive Plan Consistency Statement at their July 13, 2021, meeting and found the proposed text change amendment to be consistent with the Town of Burgaw 2030 Comprehensive Land Use Plan, reasonable, and in the public interest; and NOW THEREFORE BE IT ORDAINED BY THE TOWN OF BURGAW BOARD OF COMMISSIONERS THAT SECTION 1. The Town of Burgaw Unified Development Ordinance is amended as follows: Section 8.14: Table of Permitted Uses, Special Uses and Special Requirements SECTION 2. These amendments become effective immediately upon adoption of this ordinance on this, the 13 th day of July 2021. CLOSED SESSION – 5:59 PM Commissioner Robbins made a motion to go into closed session pursuant to NC GS 143-318.11(a)(3) Attorney/Client Privilege and NC GS 143-318.11(a)(6) Personnel. The motion was seconded by Commissioner Harrell and carried by unanimous vote. BOC MINUTES JULY 13, 2021 PAGE 8 of 9 Commissioner Harrell made a motion to return to open session. The motion was seconded by Commissioner Dawson and carried by unanimous vote. OPEN SESSION – 6:57 PM Upon returning to open session, Commissioner Dawson made a motion to amend the budget for a $3,000 per police officer increase, including a $3,000 increase to the starting salary, effective immediately. The motion was seconded by Commissioner Harrell and carried by unanimous vote. ADJOURNMENT Commissioner Harrell made a motion to adjourn. The motion was seconded by Commissioner Dawson and carried by unanimous vote. The meeting was adjourned at 6:58 PM. _____________________________ Kenneth T. Cowan, Mayor Attest:_____________________________ Kristin J. Wells, Town Clerk BOC MINUTES JULY 13, 2021 PAGE 9 of 9

Agenda

Town of Burgaw Board of Commissioners Meeting Historic Train Depot, 115 South Dickerson Street, Burgaw NC July 13, 2021 at 4:30 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. Resolution 2021-09 Approving absentee voting for municipal elections *Items under Consent are generally of a routine nature. The Board may take action to approve/disapprove all items in a single vote. Any item may be withheld from a general action, to be discussed and voted upon separately at the discretion of the Board. SPECIAL PRESENTATIONS/REQUESTS 6. Recognition of service and upcoming retirement for employee Willis Murphy 7. Burgaw Tourism Development Authority Updates – Jennifer Hansen, Chairperson 8. Presentation of Community Service Awards to Girl Scout Troop 4301 – Cody Suggs, Parks & Recreation Director 9. 2021 Ghost Walk request – Stephanie Key, Pender County Tourism ITEMS FROM ATTORNEY – Zachary Rivenbark, Town Attorney 10. To be announced ITEMS FROM MANAGER – James Gantt, Town Manager 11. Resolution 2021-10 Accepting American Rescue Plan Act funds 12. Update on current town projects 13. Other items to be announced ITEMS FROM MAYOR AND BOARD OF COMMISSIONERS 14. Consideration of appointing one (1) member to the Parks & Recreation Advisory Committee 15. 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 16. 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. Remarks should be limited to three (3) minutes per speaker. PUBLIC HEARINGS – Andrea Correll, Planning Director Public Hearing #1 17. Consideration of a Unified Development Ordinance text amendment to Section 10.12: (F) Minor Subdivision; removing the requirement for one mylar returned to the Town after recordation. 18. Resolution 2021-11 Adopting a statement of consistency regarding a requested text amendment of the Town of Burgaw Unified Development Ordinance to no longer require one mylar and two paper copies be returned to the town after recordation of a minor subdivision when one (1) paper copy is all that is needed. 19. Ordinance 2021-13 Approving a text change amendment of the Town of Burgaw Unified Development Ordinance to no longer require one mylar and two paper copes be returned to the town after recordation of a minor subdivision when one (1) paper copy is all that is needed. Public Hearing #2 20. Consideration of a Unified Development Ordinance text amendment to Section 8.14: Table of Permitted Uses, Special Uses and Special Requirements; adding a Mixed Use Structure and correcting Manufactured Home, Residential Occupancy in R-7 MH. 21. Resolution 2021-12 Adopting a statement of consistency regarding a requested text amendment of the Town of Burgaw Unified Development Ordinance to Section 8.14 adding a Mixed Use Structure and correcting Manufactured Home, Residential Occupancy in R-7 MH. 22. Ordinance 2021-14 Approving a text amendment of the Town of Burgaw Unified Development Ordinance to Section 8.14 Table of Permitted Uses, Special Uses and Special Requirements, adding a Mixed Use Structure to cross reference the text already in the Unified Development Ordinance and correcting Manufactured Home, Residential Occupancy in R-7 MH. 23. CLOSED SESSION – if applicable 24. ADJOURNMENT

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