Board of Commissioners

BOARD OF COMMISSIONERS April 1, 2024 MINUTES PRE-MEETING – 5:00PM Mayor Washam to call pre-meeting to order at 5:08PM. Agenda Review Manager Grant gave an overview of the 6PM agenda. FY25 Budget Workshop Manager Grant presented a taxes paid chart of 100 random properties (2015-2024). Mayor Washam asked what the major flaw was with the chart. Manager Grant stated that it’s a random selection. Commissioner Johnson asked how the properties were chosen. Manager Grant stated that they were randomly selected from both commercial and residential. Manager Grant presented the per capita spreadsheet comparison of towns/cities within Mecklenburg County. Commissioner Sansbury asked what the average assessed value was for Cornelius. Manager Grant stated approximately $700K. Commissioner Carney stated that the metrics penalize Cornelius because property tax is much higher. Manager Grant presented the FY25 recurring expenses of personnel and operating, as well as one- time expenses of operating amd capital. Closed Session Pursuant to NCGS 143-318.11(a)(3) Mayor Washam called for a motion to go into Closed Session pursuant to NCGS 143- 318.11(a)(3). Commissioner Higgins made a motion to go into Closed Session at 5:51PM. Commissioner Sansbury seconded the motion and it passed unanimously, 3-0. Upon return from Closed Session at 5:56PM, Mayor Washam called for motion to adjourn the pre-meeting. Commissioner Higgins made a motion to adjourn the pre-meeting at 5:56PM. Commissioner Johnson seconded the motion and it passed unanimously, 3-0. REGULAR MEETING - 6:00PM 1. CALL TO ORDER Mayor Washam called the meeting to order at 06:08PM. 04/01/24 Regular Meeting Page 1 2. DETERMINATION OF QUORUM All commissioners were present at the meeting except for Commissioners Osborne and Carney who were out of town. 3. APPROVAL OF AGENDA Commissioner Johnson made a motion to approve the agenda as presented. Commissioner Higgins seconded the motion and it passed unanimously, 3-0. 4. MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE Mayor Washam led the pledge after a moment of silence was observed. 5. CITIZEN CONCERNS/COMMENTS Mayor Washam invited the public to speak and the following person was heard: Bill Fountain – 20524 Deep Cove, expressed concerns with the Social Emotional Learning (SEL) and Diversity Equity and Inclusion (DEI) programs in the CMS school system. He stated that a study shows that SEL programs leave students more depressed, anxious, and have difficulty dealing with their emotions, while DEI is often met with being called prejudice and leaves teachers to fear ostracism, censorship, or termination when merit, fairness, and colored blind equality is what should be the practice. 6. MAYOR/COMMISSIONERS/MANAGER REPORTS Commissioner Higgins reported on the following: • Attended the Coffee Chat this morning at H2 featuring traffic/transportation. • Attended the Ada Jenkins Board meeting. • Attended the Chamber Gala. • Attended the Chamber Board meeting. • Attended the FY25 Budget Retreat held in Winston-Salem. • Attended the LKN Young Professionals meeting held on Mar. 28th. Commissioner Sansbury reported on the following: • Attended the Coffee Chat event. • Attended the FY25 Budget Retreat. • Parks updates – Magical Egg-Stravaganza will be held on Apr. 3rd at Town Hall (7:30PM); Mayors’ Fitness Challenge begins on Apr. 7th, registration is required; Earth Jam will be held on Apr. 13th at Robbins Park (4:00PM); and Family Campout will be held on Apr. 13th at Robbins Park, this event is sold out. Commissioner Johnson reported on the following: • VLN updates – Cabela’s Big Bass Tour fishing tournament will be held on Apr. 12-14 at Blythe Landing. • The next PDRC meeting will be held on Apr. 11th. • Met with EDC partners and received updates from each town. IT Manager Matthew Taylor reported on the following: • The VOIP phone infrastructure replacement has been completed. • The door access infrastructure replacement has been completed. • An internal training/information site for staff on available technology within the Town has been created. 04/01/24 Regular Meeting Page 2  Mayor Washam reported on the following: • The Coffee Chat featuring Deputy Manager Herron on transportation was well attended. • Attended the MTC meeting on Mar. 27th. He reminded the public that there will be Red Line meetings that will provide opportunities for feedback. The first meeting will be virtual on Apr. 10th and the regional in-person meeting will be held on Apr. 16th (6PM- 8PM) at the Davidson Library Branch. 7. PRESENTATIONS AND PUBLIC COMMENT A. REZ 01-24 Registix HQ Senior Planner Aaron Tucker presented a rezoning request from Registix HQ to rezone 4 acres of vacant property located on Chartown Drive from Rural Preservation to Conditional Zoning and construct a 40,000sqft. corporate headquarters and 30,000sqft. business development center. A community meeting was held on March 27th with four attendees who were overall supportive of the proposed rezoning. Staff’s review included a bike/ped connection to Lake Pines Drive, parking space requirements, clarification of the use of the development center and truck traffic, and the need for evergreen plantings adjacent to the Westmoreland neighborhood. Commissioner Higgins asked for clarification on the planting area. Mr. Tucker explained that the buffer starts out approximately 50´ in width and increases in width (80´-100´) towards the rear of the property. Some trees will be removed to install the bike/ped connection to Lake Pines Drive. Commissioner Higgins asked what the Westmoreland community feedback was on the connection to Lake Pines Drive. Mr. Tucker stated that the four attendees at the community meeting did express that they would rather have the tree buffer with no connection, so staff is working with the developer on resolving which option to go with. A letter of support for the project has been received by the Westmoreland neighborhood HOA. Mayor Washam invited the applicant to speak. Attorney Susan Irvin representing Registix HQ introduced Robert Irvin with Irvin Law Group, Filip Maciolowski the CEO of Registix, and Matt Shaban the Director of Operations for Registix. She thanked Mr. Tucker for his presentation and stated they were available to answer questions. Mayor Washam invited Mr. Maciolowski to give an overview of Registix. Mr. Maciolowski explained that Registix is a reverse logistics provider that liquidates, categorizes, and quantifies all the inventory primarily for Lowe’s and Home Depot nationwide. The inventory is liquidated from their distribution centers directly to the customer and handles all the transportation between vendors. Registix is currently operating out of several locations (Huntersville, Cornelius, Charlotte, Durham) with the goal of consolidating into one location. The Business Development Center is to bring inventory in and meet with Lowe’s Corporate or Home Depot Corporate to help train the team. Mayor Washam asked how many employees will be employed at the new location. Mr. Maciolowski stated that the goal is 50-60 employees. 04/01/24 Regular Meeting Page 3  Commissioner Sansbury asked what compelled them to pick Cornelius. Mr. Maciolowski stated that he lives in the area and Cornelius is a favorable place relative to the Charlotte and Mooresville areas. Commissioner Johnson thanked Mr. Maciolowski for considering Cornelius. She stated that she loves the project, and it is a great use for that area of Town. Commissioner Higgins echoed Commissioner Johnson’s comments and stated that the project is exactly what the Town is looking for in that area. He asked if Registix contracts with other vendors. Mr. Maciolowski stated that they do have other vendors, but home improvements are the primary sector. Commissioner Higgins asked Mr. Maciolowski what his thoughts are regarding the bike/ped connection. Mr. Maciolowski stated that he is open to the connection if the Westmoreland community desires to have it, but most of what he has heard is that the adjoining neighbors would like to have the tree buffer instead of the connection. Mayor Washam stated that the Town’s bike plan was well planned and thought out, so not making the connection will require more discussion. Mayor Washam invited the public to speak. There being no public comments, he asked Mr. Tucker to give an overview of the approval process timeline. Mr. Tucker stated that the Planning Board will hear the proposed project at their May meeting and then the project will come back to the Town Board for approval in late May/early June. 8. PUBLIC HEARING AND CONSIDERATION OF APPROVAL A. REZ 06-23 Genesis Cornelius Mayor Washam called for a motion to open the public hearing on REZ 06-23 Genesis Cornelius. The public hearing notice is attached hereto. Commissioner Sansbury made a motion to open the public hearing. Commissioner Johnson seconded the motion and it passed unanimously, 3-0. Planner Aaron Tucker presented a rezoning request by MNLN, LLC to rezone 3 acres of property located at 18605 Statesville Road from Highway Commercial & Automobile Sales District Overlay to Conditional Zoning to construct a 25,000sqft. Genesis auto sales and service dealership on property that is currently part of the Modern Nissan dealership. He explained that the site plan has been modified so that the front of the building will face Hwy. 21 and the Service Center will face Boat House Court. The community meeting held on December 19th had no public attendance. The Planning Board unanimously recommended approval with staff conditions at their February 12th meeting. Commissioner Sansbury asked for clarification on the U-turn bulb out area and the egress from Boat House Court. Mr. Tucker identified the bulb out area and stated that Boat House Court will become a right-in/right-out only after the Hwy. 21 widening project is complete. Commissioner Higgins asked for clarification on the sidewalk. Mr. Tucker stated that the existing 5´ sidewalk will remain with the new build. 04/01/24 Regular Meeting Page 4  Mayor Washam invited the applicant David Fowler to speak. Mr. Fowler stated that they are very excited to get the project underway. The orientation change of building was due to the preference of Genesis and it does aesthetically look better. Commissioner Johnson thanked Mr. Fowler and Genesis for the building orientation change. Commissioner Higgins asked if Genesis was moving from Concord. Mr. Fowler stated that the current Genesis franchise is in Concord as part of the Hyundai dealership. Commissioner Higgins thanked them for choosing Cornelius. Mr. Fowler stated that Cornelius is a perfect fit. Mayor Washam stated that it is great to be considered. Mayor Washam invited the public to speak. There being no public comments, he called for a motion to close the public hearing. Commissioner Johnson made a motion to close the public hearing. Commissioner Sansbury seconded the motion and it passed unanimously, 3-0. Commissioner Johnson made a motion to approve Ordinance #2024-00851 to amend the zoning map to include REZ 06-23 with conditions. Commissioner Higgins seconded the motion and it passed unanimously, 3-0. Ordinance #2024-00851 is hereby made part of the minutes by reference. Commissioner Sansbury made a motion to approve Resolution #2024-01125 declaring REZ 06-23 with conditions is consistent with the Town’s Land Use Plan and is in the public interest. Commissioner Johnson seconded the motion and it passed unanimously, 3-0. Resolution #2024-01125 is hereby made part of the minutes by reference. 9. CONSIDERATION OF APPROVAL A. Amendment for Right-of-way Donation for Hickory Street Intersection to North Carolina Department of Transportation (NCDOT) Deputy Manager Herron explained that on January 3, 2023, the Town Board donated right-of- way and utility easements to NCDOT for the Hickory Street signal project. The revised plan sheet identifies the parcel that affects the property owned by the Town of Cornelius located at 19715 S. Main St. (Fire Department). The change consists of a portion of the previously acquired Temporary Construction Easement (TCE) that has now been converted into a Permanent Utility Easement (PUE). The permanent right of way area (Red) is still 0.015 AC, the TCE area (Yellow) is now reduced to 0.123 AC and the PUE area (Orange) is 0.002 AC, which is new. The new deed will void and supersede the previously recorded Deed for Highway Right of Way. Commissioner Higgins made a motion to approve the amended acknowledgements of ROW donation and transfer of property to NCDOT for Hwy. 115/Hickory Street intersection project. Commissioner Johnson seconded the motion and it passed unanimously, 3-0. 04/01/24 Regular Meeting Page 5  B. Interlocal Agreement with Mecklenburg County to Provide Boating Safety and Education Services Chief Baucom explained that the interlocal agreement currently in place is set to expire on May 31, 2024. The term of the new agreement is June 1, 2024 to May 31, 2025, with an automatic two-year renewal beginning each June 1st thereafter. Commissioner Johnson made a motion to approve an Interlocal Agreement with Mecklenburg County to provide boating safety and education services. Commissioner Sansbury seconded the motion and it passed unanimously, 3-0. C. Town of Cornelius vs. Collins et al Settlement Agreement Case Number 21 CVS 14240 Manager Grant explained that the condemnation settlement agreement on PID #005-212- 25 was for the Gem Street/Hickory Street connection that was completed in 2023. The defendants have been compensated in the amount of $23,225 that was deposited with the Clerk of Court in November 2021 and have agreed to a total settlement of $40,000. The remaining $16,775 will be paid to the defendants within fourteen days of this fully executed Settlement Agreement. Commissioner Higgins made a motion to approve the Collins etal Settlement Agreement Case #21 CVS 14240 as presented. Commissioner Johnson seconded the motion and it passed unanimously, 3-0. 10. CONSENT AGENDA A. Approve Regular Meeting Minutes - March 18th (Approved 3-0) B. Approve Closed Session Minutes - March 18th (Approved 3-0) C. Tax Refunds = $13,143.08 (Approved 3-0) Commissioner Sansbury made a motion to approve the Consent Agenda as presented. Commissioner Johnson seconded the motion and it passed unanimously, 3-0. 11. COMMISSIONER CONCERNS No concerns were expressed. 12. ADJOURNMENT There being no further business to discuss, Commissioner Higgins made a motion to adjourn the meeting at 7:03PM. Commissioner Johnson seconded the motion and it passed unanimously, 3-0. Approved this 15th day of April 2024. ATTEST: Woody Washam, Jr., Mayor Lori A Harrell, Town Clerk 04/01/24 Regular Meeting Page 6  AFFIDAVIT OF PUBLICATION Account # Order Number Identification Order PO Amount Cols Depth 34684 533900 Print Legal Ad-IPL01654190 - IPL0165419 $64.60 2 18 L Attention: Accounts Payable North Carolina } ss TOWN OF CORNELIUS Mecklenburg County } PO BOX 399 Before the undersigned, a Notary Public of said CORNELIUS, NC 28031 County and State, duly authorized to administer oaths affirmations, etc., personally appeared, accountspayable@cornelius.org being duly sworn or affirmed according to law, doth depose and say that he/she is a representative of The Charlotte Observer Publishing Company, a corporation organized and doing business under the laws of the State of Delaware, and publishing a newspaper known as The Charlotte Observer in the city of Charlotte, County of Mecklenburg, and State of North Carolina and that as such he/she is familiar with the books, records, files, and business of said Corporation and by reference to the files of said publication, the attached advertisement was inserted. The following is correctly copied from the books and files of the aforesaid Corporation and Publication. 2 insertion(s) published on: 03/24/24, 03/31/24 In Testimony Whereof I have hereunto set my hand and affixed my seal on the 1st day of April,2024 Notary Public in and for the state of Texas, residing in Dallas County Extra charge for lost or duplicate affidavits. Legal document please do not destroy!