Board of Commissioners

BOARD OF COMMISSIONERS May 6, 2024 MINUTES PRE-MEETING - 4:00PM Mayor Washam called the Pre-Meeting to order at 4:29PM with all commissioners present. Closed Session Pursuant to NCGS 143-318.11(a)(3)(4)(5) Mayor Washam called for a motion to go into Closed Session pursuant to NCGS 143- 318.11(a)(3)(4)(5). Commissioner Johnson made a motion to go into Closed Session. Commissioner Carney seconded the motion and it passed unanimously, 5-0. Upon return from Closed Session at 5:58PM the following items were discussed. FY25 Budget Workshop Manager Grant gave an update on the FY25 budget’s CIP and budget forecast. Commissioner Sansbury made a motion to adjourn the Pre-meeting at 6:15PM. Commissioner Osborne seconded the motion and it passed unanimously, 5-0. REGULAR MEETING - 6:00PM 1. CALL TO ORDER Mayor Washam called the meeting to order at 6:17PM. 2. DETERMINATION OF QUORUM All commissioners were present at the meeting. 3. APPROVAL OF AGENDA Commissioner Higgins made a motion to approve the agenda as presented. Commissioner Johnson seconded the motion and it passed unanimously, 5-0. 4. MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE Mayor Washam urged the audience and Cornelius residents to continue praying for the families, friends, and colleagues of fallen law enforcement officers CMPD Officer Joshua Eyer, NC Department of Adult Corrections Officer Samual Poloche, NC Department of Adult Corrections Officer William Elliott and US Marshal Thomas Weeks. He then led the pledge after a moment of silence was observed. 5. CITIZEN CONCERNS/COMMENTS Mayor Washam invited the public to speak and the following concerns/comments were expressed. Jack Higgins – 12219 Meetinghouse Drive, gave an overview of the Bailey’s Glen/Hough High School partnership which is a 501c3 non-profit organization with a 9-member board (5 Bailey’s Glen/4 Hough). The mission is to provide financial and volunteer assistance to students and staff. 05/06/24 Regular Meeting Page 1  He reported that over the last 10 years the partnership has approved 441 student assistance scholarships totaling $74,483 and 261 teacher grants totaling $49,967. 6. REPORTS No reports were given. 7. EMPLOYEE RECOGNITION A. Retirement of Canine Officer Zon Chief Baucom recognized K9 Officer Zon’s accomplishments while serving with the Cornelius Police Department. He explained that due to health complications it is necessary to retire K9 Officer Zon so that he can enjoy his remaining life safely with Cpl. Dellinger’s family. He then presented Cpl. Dellinger and K9 Officer Zon with a plaque for his commitment and dedication to CPD. Mayor Washam called for a motion to approve a Resolution recognizing the retirement of K9 Officer Zon. Commissioner Higgins made a motion to approve Resolution #2024-01128 retiring K9 Officer Zon, as well as his badge and award him to his handler Cpl. Dellinger. Commissioner Johnson seconded the motion and it passed unanimously, 5-0. Resolution #2024-01128 is hereby made part of the minutes by reference. 8. MAYORAL PROCLAMATIONS A. National Police Week Mayor Washam read the National Police Week Proclamation, recognized Cornelius officers that were present and presented the executed proclamation to Chief Baucom. B. Affordable Housing Awareness Month Mayor Washam read the Affordable Housing Awareness Month Proclamation, recognized the efforts of the Lake Norman CDC and presented the executed proclamation to LKN CDC Executive Director Michelle Hoverson. 9. PUBLIC HEARING AND CONSIDERATION OF APPROVAL A. REZ 05-23 Fruitful Roots Brewery Mayor Washam called for a motion to open the public hearing on REZ 05-23 Fruitful Roots Brewery. The public hearing notice is attached hereto. Commissioner Sansbury made a motion to open the public hearing on REZ 05-23 Fruitful Roots Brewery. Commissioner Johnson seconded the motion and it passed unanimously, 5-0. Planning Director Burhans presented the rezoning request by Aspirational Adventures, LLC from Neighborhood Mixed Use to Conditional Zoning to construct a 5,251sqft. microbrewery and restaurant on 1.05 acres located at 20219 N. Main Street. The project includes an outdoor beer garden and activity area with a trail connection to Twinberry Lane, along with a 10´ Type A-1 buffer adjacent to the townhomes. On April 8th, the Planning Board reviewed and recommended approval of the project with 11 staff conditions. Commissioner Osborne thanked the applicant for working through the earlier concerns that were expressed and stated that the project is a great fit for the downtown area. Mayor Washam invited the applicant to speak. 05/06/24 Regular Meeting Page 2  Douglas Marion thanked staff and the Board for their guidance throughout the process. He offered to answer any questions the Board had. Commissioner Carney asked what the project timeline is. Mr. Marion stated that they anticipate opening in one year. Mayor Washam invited the public to speak. There being no public comment, he called for a motion to close the public hearing. Commissioner Osborne made a motion to close the public hearing. Commissioner Sansbury seconded the motion and it passed unanimously, 5-0. Commissioner Higgins made a motion to approve Ordinance #2024-00854 amending the zoning map to include REZ 05-23 with conditions. Commissioner Carney seconded the motion and it passed unanimously, 5-0. Ordinance #2024-00854 is hereby made part of the minutes by reference. Commissioner Osborne made a motion to approve Resolution #2024-01129 declaring REZ 05- 23 with conditions is consistent with the Land Use Plan and is reasonable in the public’s interest. Commissioner Sansbury seconded the motion and it passed unanimously, 5-0. Resolution #2024-01129 is hereby made part of the minutes by reference. B. TA 05-24 Chapter 16: Planning Board Mayor Washam called for a motion to open the public hearing on TA 05-24 Land Development Code, Chapter 16 – Planning Board. The public hearing notice is attached hereto. Commissioner Higgins made a motion to open the public hearing on TA 05-24. Commissioner Johnson seconded the motion and it passed unanimously, 5-0. Planning Director Burhans gave an overview of the proposed text amendment that restructures the Planning Board with 10 voting members and retaining the current 7 voting/3 alternates voting members for the Board of Adjustment and Watershed Review Board, with the opportunity to create subcommittees when large scale amendments are considered. Mayor Washam invited the public to speak. There being no public comment, 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, 5-0. Commissioner Sansbury made a motion to approve Ordinance #2024-00855 amending the Land Development Code, Chapter 16 as presented. Commissioner Johnson seconded the motion and it passed unanimously, 5-0. Ordinance #2024-00855 is hereby made part of the minutes by reference. Commissioner Osborne made a motion to approve Resolution #2024-01130 declaring TA 05- 24 is consistent with the Land Use Plan and is reasonable in the public’s interest. Commissioner Carney seconded the motion and it passed unanimously, 5-0. 05/06/24 Regular Meeting Page 3  Resolution #2024-01130 is hereby made part of the minutes by reference. C. Resolution of Support for Stormwater Rate Increase Mayor Washam called for a motion to open the public hearing on a proposed stormwater rate increase. Commissioner Sansbury made a motion to open the public hearing. Commissioner Johnson seconded the motion and it passed unanimously, 5-0. Asst. Manager Beardsley explained that the rate increase is the fourth year of a 4-year phased approach to the Stormwater budget. The rate increases will allow the Town to operate the stormwater budget as a true utility, with full cost recovery from the stormwater fee. The new FY25 rates will generate an additional $158,000 of revenue annually. Mecklenburg County will hold a public hearing on the rate changes as part of their budget and upon approval the new rates would go into effect July 2024. Mayor Washam invited the public to speak. There being no public comment, he called for a motion to close the public hearing. Commissioner Johnson made a motion to close the public hearing. Commissioner Carney seconded the motion and it passed unanimously, 5-0. Commissioner Higgins made a motion to approve Resolution #2024-01131 supporting the proposed stormwater rate increase. Commissioner Carney seconded the motion and it passed unanimously, 5-0. Resolution #2024-01131 is hereby made part of the minutes by reference. 10. CONSIDERATION OF APPROVAL A. Planning Board Bylaws Amendments Planning Director Burhans gave an overview of the proposed bylaws amendment. Commissioner Sansbury asked if an ETJ candidate can be added at any point or will the appointment have to wait until the next cycle. Mr. Burhans stated that the ETJ seat can be filled at any time when a candidate is identified. Commissioner Osborne stated that the changes will serve the Town and staff with better coordination and efficiency for continued improvement. Mayor Washam thanked Commissioner Johnson for her insight on improvements as she had served on the Planning Board for 8 years. Commissioner Johnson made a motion to approve the Planning Board bylaws amendment as presented. Commissioner Osborne seconded the motion and it passed unanimously, 5-0. B. Planning Board Appointments Planning Director Burhans presented the proposed Planning Board appointments. Commissioner Higgins made a motion to approve the Planning Board appointments of Phil Bechtold as chairman, Michael Buttner to Seat 2, Ava Callender to Seat 4, Colin Furcht to Seat 5, Mamie Lee to Seat 9, and Travis Julian to Seat 10. Commissioner Sansbury seconded the motion and it passed unanimously, 5-0. 05/06/24 Regular Meeting Page 4 C. Board of Adjustment and Watershed Review Board Appointments Planning Director Burhans presented the proposed Board of Adjustment and Watershed Review Board appointments. Commissioner Osborne made a motion to approve the appointments of Phil Bechtold as chairman, Michael Buttner to Seat 2, Ava Callender to Seat 4, Colin Furcht to Seat 5, Mamie Lee to Seat 9 (as an alternate), and Travis Julian to Seat 10 (as an alternate). Commissioner Sansbury seconded the motion and it passed unanimously, 5-0. D. Land Development Code Advisory Board Discontinuance Planning Director Burhans presented the proposed Resolution to discontinue the LDCAB as it overlaps with the Planning Board role. All members have been notified and the Town’s appreciation for their dedicated service was extended. Commissioner Higgins made a motion to approve Resolution #2024-01132 to discontinue the Land Development Coad Advisory Board (LDCAB). Commissioner Osborne seconded the motion and it passed unanimously, 5-0. Resolution #2024-01132 is hereby made part of the minutes by reference. E. Community Development Block Grant (CDBG) Cooperative Agreement with Mecklenburg County Deputy Manager Herron gave an overview of the CDBG Agreement with Mecklenburg County. Commissioner Johnson made a motion to approve a Cooperative Agreement with Mecklenburg County for Community Development Block Grant (CDBG) services as presented. Commissioner Carney seconded the motion and it passed unanimously, 5-0. F. Electric Fund Contribution in Aid of Construction Policy ElectriCities Systems Manager David Lucore presented the new Contribution in Aid of Construction Policy. Commissioner Higgins made a motion to approve the Electric Fund Contribution in Aid of Construction Policy as presented. Commissioner Johnson seconded the motion and it passed unanimously, 5-0. G. Resolution Directing Publication of Notice of Intention to Apply to the Local Government Commission (LGC) and Resolution Authorizing the Finance Officer to Apply to the LGC and Make Certain Findings of Fact Finance Director Niswonger explained that the two Resolutions are the first steps in starting the bond process for the potential $20M Park Bonds referendum. Commissioner Carney made a motion to approve Resolution #2024-01133 directing the publication of notice of intention to apply to the Local Government Commission (LGC). Commissioner Osborne seconded the motion and it passed unanimously, 5-0. Resolution #2024-01133 is hereby made part of the minutes by reference. Commissioner Johnson made a motion to approve Resolution #2024-01134 authorizing the Finance Officer to apply to the LGC and make certain findings of fact. Commissioner Osborne seconded the motion and it passed unanimously, 5-0. 05/06/24 Regular Meeting Page 5  Resolution #2024-01134 is hereby made part of the minutes by reference. 11. PRESENTATION A. Manager's Recommended FY2025 Operating Budget and Tax Rate Manager Grant presented his FY25 recommended budget and property tax rate of 17.31 cents per $100 of assessed value (no change in current tax rate). Noting that the Town’s Fund Balance Policy will be in violation in FY29 according to the forecast projections. He outlined budgetary items according to the top four citizen priorities identified in the citizen budget survey results; critical needs, such as IT/cyber security, community development, Infrastructure Capital Reserve Fund, retention/recruitment; revenues; debt service; and operations. The FY25 Electric Fund budget is recommended with a 3.5% customer increase. Additional details are available online at www.cornelius.org. 12. PUBLIC HEARING A. FY2025 Operating Budget and Tax Rate Mayor Washam called for a motion to open the public hearing on the FY25 operating budget and tax rate. The public hearing notice is attached hereto. Commissioner Johnson made a motion to open the public hearing on the FY25 operating budget and tax rate. Commissioner Carney seconded the motion and it passed unanimously, 5-0. Mayor Washam invited the public to speak and the following comments were made: Colin Furcht – 19709 Schooner Drive, expressed his concern with not raising the tax rate and bringing the “cliff” a little closer than years past. Incremental increases will prevent the need for a larger increase in the future. There being no further comments, Mayor Washam called for a motion to continue the public hearing until May 20th. Commissioner Sansbury made a motion to continue the public hearing until May 20th. Commissioner Osborne seconded the motion and it passed unanimously, 5-0. 13. CONSENT AGENDA Manager Grant provided information on the tax refunds relative to Mayor Washam’s property receiving a value adjustment by the Mecklenburg County Board of Equalization and Review. Therefore, Mayor Pro-tem Higgins will preside over the Consent Agenda. Manager Grant then provided an overview of the Consent Agenda items. A. Tax Refunds = $4,347.11 (Approved 5-0) B. Approve Regular Meeting Minutes - April 15th (Approved 5-0) C. Approve Closed Session Minutes - April 15th (Approved 5-0) D. Approve Special Meeting Minutes – February 8th (Approved 5-0) Mayor Pro-tem Higgins called for a motion to approve the Consent Agenda as presented. Commissioner Johnson made a motion to approve the Consent Agenda. Commissioner Sansbury seconded the motion and it passed unanimously, 5-0. Mayor Washam then presided over the remaining agenda. 05/06/24 Regular Meeting Page 6 14. COMMISSIONER CONCERNS No concerns were expressed. 15. ADJOURNMENT There being no further business to discuss, Commissioner Johnson made a motion to adjourn the meeting at 8:01PM. Commissioner Osborne seconded the motion and it passed unanimously, 5-0. Approved this 20th day of May 2024. Woody Washam, Jr., Mayor ATTEST: Lori A Harrell, Town Clerk 05/06/24 Regular Meeting Page 7  AFFIDAVIT OF PUBLICATION Account # Order Number Identification Order PO Amount Cols Depth 34684 543246 Print Legal Ad-IPL01693580 - IPL0169358 $61.20 2 17 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: 04/21/24, 04/28/24 In Testimony Whereof I have hereunto set my hand and affixed my seal on the 29th 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!  AFFIDAVIT OF PUBLICATION Account # Order Number Identification Order PO Amount Cols Depth 34684 543107 Print Legal Ad-IPL01692840 - IPL0169284 $61.20 2 17 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: 04/21/24, 04/28/24 In Testimony Whereof I have hereunto set my hand and affixed my seal on the 29th 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!