Board of Commissioners

BOARD OF COMMISSIONERS February 19, 2024 MINUTES PRE-MEETING - 4:30PM Mayor Washam to call the Pre-meeting to order at 4:38PM with all commissioners present.  Closed Session Pursuant to NCGS 143-318.11.(a).(5) - PID #00520129 Mayor Washam called for a motion to go into Closed Session pursuant to NCGS 143-318.11.a.5 – PID #0050129. Commissioner Osborne made a motion to go into Closed Session. Commissioner Johnson seconded the motion and it passed unanimously, 5-0. Upon return from Closed Session at 5:20PM, the following topics were discussed:  Agenda Review Manager Grant gave an overview of the 6PM agenda items.  Asset Forfeiture Discussion Chief Baucom explained the asset forfeiture fund program, how the funds are received, the goals of asset forfeiture, eligible uses of funds, and the expenditures over the past five years. He then presented the following items for using available forfeiture funds: • Quick Response Vessel - $20,500 • Handguns with Optics - $52,000 • Ammunitions/training items/SWAT related items - $23,100 • HVAC unit for the SWAT van - $5,200 • Kinetic Breaching tool - $13,700 • Manual Breaching tool - $2,700 • Drug Terminator - $6,100 • Police K9s - $54,100 • Upfit K9 vehicles - $33,400 • Residential K9 kennels - $20,700 • K9 instructor training - $10,000 Commissioner Johnson made a motion to adjourn the Pre-meeting at 6:07PM. Commissioner Osborne seconded the motion and it passed unanimously, 5-0. 02/19/24 Regular Meeting Page 1 REGULAR MEETING - 6:00PM 1. CALL TO ORDER Mayor Washam called the meeting to order at 6:12PM. 2. DETERMINATION OF QUORUM All commissioners were present at the meeting. 3. APPROVAL OF AGENDA Mayor Washam requested the agenda be amended to include Closed Session as Item 15. Commissioner Sansbury made a motion to amend and approve the agenda as requested. Commissioner Johnson seconded the motion and it passed unanimously, 5-0. 4. MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE Lt. Sarver led the pledge after a moment of silence was observed. 5. CITIZEN CONCERNS/COMMENTS No citizen comments were made. 6. MAYOR/COMMISSIONERS/MANAGER REPORTS Commissioner Higgins reported on the following: • Attended the Lake Norman Small Business networking meeting. • Attended the Parks Commission meeting. • Attended the FY25 budget planning session. • Attended the Cornelius Youth Orchestra presentation at Mt. Zion Methodist Church. • Attended Antiquity meetings regarding parking/striping, sidewalk updates, streetlights, and repairs needed on the covered bridge. • Attended the Newsmaker Breakfast featuring downtown development. • Attended Chamber events – Rech Law ribbon cutting on Feb. 14th, the Education Power luncheon on Feb. 15th, and the Focus Friday featuring the North Mecklenburg mayors via Zoom on Feb. 16th. • The Ada Jenkins charity event raised $1,811. The next fundraiser will be held at Jack’s. • The Board provided lunch for town staff on Feb. 14th. • Will be participating in Planning Board interviews scheduled on Feb. 20th. • Upcoming Chamber events – Southern Tides ribbon cutting will be held on Feb. 23rd and Everbowl ribbon cutting will be held on Feb. 28th. • Black History Month celebration will be held at the Cain Center on Feb. 24th. • Will be giving a presentation on greenways with Parks Director Fitzsimmons at the North Meck. Rec. Center. • Will be participating in an upcoming radio broadcast on WSIC. Commissioner Carney reported on the following: • Attended the PDRC meeting to review the proposed Registix Headquarters to be constructed on Chartown Drive (40,000sqft. office/30,000sqft. showroom). The investment would be approximately $23M that will generate $58,000 in new tax revenue and will employ 60 jobs. • Lake Norman CDC is hosting a developer and builder luncheon on Feb. 21st at 12PM. 02/19/24 Regular Meeting Page 2 Commissioner Osborne reported on the following: • Attended the Chamber’s Focus Friday Town Hall and thanked the mayors for their efforts on regionalism. • The Chamber is hosting a Walk to End Alzheimer’s Trivia Night at H2 Public House on Feb. 21st (4PM). • Thanked the citizens for their interest/participation in the Town’s various advisory boards. • The next CRTPO meeting on Feb. 21st will focus on finalizing the discretionary funds awarded to Cornelius. Commissioner Sansbury reported on the following: • Black History Month celebration will be held on Feb. 24th at the Cain Center (5PM) with guest speakers and performances. Exhibits by Alvin C. Jacobs, Jr. and Bae Hart will be on display until the end of February. • Parks summer camp registration opens at 7AM on Mar. 1st for Cornelius residents. General registration opens on Mar. 8th. Commissioner Johnson reported on the following: • VLN updates – the Pheonix Bass Fishing League tournament will be held on Feb. 24th at Blythe Landing; the Chick-fil-A Race City Classic soccer tournament will be held March 1st-3rd at Richard Barry Park and Bailey Road Park; and the Carolinas Bass Challenge will be held on Mar. 2nd at Blythe Landing. • Centralina Council of Government meeting is scheduled for Feb. 21st. Manager Grant reported on the following: • FY25 Citizen Budget Survey closes on Feb. 29th. • Donate blood with One Blood at Town Hall on Feb. 21st (11AM-1PM). Asst. Manager Beardsley reported on the following: • Leaf collection – Public Works have collected a total of 437 loads of leaves this season. • Bike and Ped Safety – added Sharrows on Main Street and Catawba Avenue and restriped the crosswalk at Westmoreland and Washam Potts. Mayor Washam reported on the following: • A Coffee Chat is scheduled for Mar. 4th at H2 Public House (8:30AM) featuring parks and recreation. • Attended the sold-out Newsmaker Breakfast featuring major developers in downtown Cornelius. • Enjoyed the Cornelius Youth Orchestra concert held at Mt. Zion Church. • A Mecklenburg County mayors’ luncheon is upcoming. • Attended a Connect Beyond meeting focusing on future mobility throughout the region. 02/19/24 Regular Meeting Page 3 7. EMPLOYEE RECOGNITION A. Recognize the Retirement of Officer Roos Chief Baucom recognized Officer David Roos years of service in law enforcement and with the Cornelius Police Department. Officer Roos fully retired on December 31, 2023. Commissioner Osborne made a motion to approve Resolution #2024-01120 awarding Officer Roos his badges. Commissioner Carney seconded the motion and it passed unanimously, 5-0. Resolution #2024-01120 is hereby made part of the minutes by reference. 8. MAYORAL PROCLAMATIONS A. Animal Shelter Donation Mayor Washam recognized a $50K animal shelter donation made by Angela and Kevin Lambert honoring her parents Bennett and Sue Grey’s wishes. He then read a Proclamation proclaiming February 19, 2024, as Bennett and Sue Grey Day in recognition of their very generous donation. Mrs. Lambert was then presented with the Proclamation. 9. PRESENTATIONS AND PUBLIC COMMENT A. REZ 07-23 The Serve Pickleball + Kitchen Planning Director Burhans presented a rezoning request made by DB Entertainment Real Estate Management, LLC to construct a pickleball and restaurant facility (51,086sqft.) on 6.39 acres located at 20220 Chartown Drive. The project includes 16 pickleball courts (10 indoor/6 outdoor). A community meeting was held on February 6th to answer questions and address the concerns of approximately 25 citizens. Attorney Larry Shaheen, representing the applicant, gave an overview of the vacant property between the new Lake Norman Chrysler, Dodge, Jeep, Ram and Lake Norman Power Sports. The project idea came directly from Jack and Robin Salzman, and they will use all local businesses to complete the project. The economic impact is approximately $17M in investments, will generate ~$30,000 in new tax revenue, and create 25-30 new jobs in Cornelius. It will become a new gem for Cornelius and will include 4 Top Golf simulator bays. Attorney Shaheen outlined the sound mitigation efforts to address noise concerns that were expressed. Commissioner Higgins commended the Salzmans on another great project for Cornelius. He asked for clarity on the noise dampening mitigation. Attorney Shaheen explained that the dampening mitigation is a foam-based product that will be placed underneath the courts, and the product to be placed along the 10-foot-high fence (northern side) will also be a foam similar to what would be used in a sound booth studio. Commissioner Osborne thanked the team for working with the citizens and addressing their concerns regarding noise. He asked about outdoor court lighting. Attorney Shaheen explained that the courts will not have specific lights as they will not be open any later than 9PM and parking lot lighting will meet the Code standards. Mayor Washam invited the public to speak. There being no public comment, he thanked Attorney Shaheen for his presentation and Jack and Robin Salzman for bringing a great project to Cornelius. 02/19/24 Regular Meeting Page 4 10. PRESENTATIONS A. Bags of Hope Annual Support Grant Application Ashley Nydish presented the mission, schools served, and volunteer opportunities for Bags of Hope. Nicole Fiehler presented the 2023 grant results and what a $20,000 grant will do to make a difference in helping eliminate food insecurities for local students. Commissioner Higgins stated that he had no idea that food insufficiency existed in the community. He said the program efforts are amazing and thanked Bags of Hope for their commitment to helping children in the community. Commissioner Sansbury congratulated Ashley and Nicole on their hard work in soliciting donations, as well as the hands-on work of providing the bags. Mayor Washam thanked them for their presentation. B. YMCA Annual Support Grant Application Katie Jost presented the YMCA’s grant application for $7,000 to increase the active adult programming that supports social outings, crafting projects and physical movement programs. Mayor Washam thanked her for the presentation. C. Angels and Sparrows Annual Support Grant Application Cindy Deutsch presented the Angels and Sparrows grant application for $10,000 to increase accessibility of healthy meals and fresh groceries to food-insecure families in North Mecklenburg, as well as offering education opportunities. Mayor Washam thanked her for the presentation. D. Cain Center for the Arts Annual Operating Budget Support Grant Application Justin Dionne presented the Cain Center’s grant application for $411,000 to continue operations and programming that supports arts education, visual art exhibits, and performing arts programming. Mayor Washam thanked him for the presentation. E. Draft 2024-2034 Comprehensive Parks and Greenways Master Plan Parks Director Fitzsimmons presented the draft master plan recommendations that resulted from community listening sessions, stakeholder interviews, scientific and public surveys, recommended standards, and the existing plans/studies/reviews. The draft also identified areas for future park and greenway locations. The Parks Commission will make their formal recommendation on March 7th and the Board will then consider approval on March 18th. Commissioner Osborne asked if the recent Land Use Plan update was reviewed to ensure it would accommodate the updated master plan. Mr. Fitzsimmons stated that they did and explained the reasons why most of the large park areas identified are east of Hwy. 115 in rural preservation and the west side of Hwy. 115 will be in-fill parks where possible. 02/19/24 Regular Meeting Page 5  Commissioner Higgins extended his gratitude to the Parks Commission and staff for sticking to a comprehensive, scientific plan that has served the community well over the years, as well as continuing to measure up nationally. Commissioner Sansbury stated that the Parks Commission is heavily involved in this process and that is why the presentation was one of the best in providing background information and recommendations. Mayor Washam stated that staff worked extremely hard on getting citizen participation and the Parks Commission’s dedication throughout the process is proof in what was just presented. 11. PUBLIC HEARING AND CONSIDERATION OF APPROVAL A. TA 01-24 Bicycle Parking Mayor Washam called for a motion to open the public hearing on TA 01-24. The public hearing notice is attached hereto. Commissioner Johnson made a motion to open the public hearing for text amendment TA 01- 24. Commissioner Higgins seconded the motion and it passed unanimously, 5-0. Planning Director Burhans presented the proposed text amendment for short and long-term bicycle parking. Mayor Washam invited the public to speak. There being no 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, 5-0. Commissioner Higgins made a motion to approve Ordinance #2024-00845 to amend the Land Development Code, Chapter 7, Section 7.3, Off-Street Parking Area Design Specifications as presented. Commissioner Osborne seconded the motion and it passed unanimously, 5-0. Ordinance #2024-00845 is hereby made part of the minutes by reference. Commissioner Osborne made a motion to approve Resolution #2024-01121 declaring text amendment TA 01-24 is consistent with the Town’s adopted Land Use Plan as proposed. Commissioner Johnson seconded the motion and it passed unanimously, 5-0. Resolution #2024-01121 is hereby made part of the minutes by reference. B. TA 02-24 Outdoor Decorative Lighting Mayor Washam called for a motion to open the public hearing on TA 02-24. The public hearing notice is attached hereto. Commissioner Sansbury made a motion to open the public hearing for text amendment TA 02-24. Commissioner Johnson seconded the motion and it passed unanimously, 5-0. 02/19/24 Regular Meeting Page 6  Planning Director Burhans presented the proposed text amendments for outdoor decorative lighting modifications to Chapter 7, Section 7.5 and Chapter 10, Section 10.7 of the Land Development Code. Mayor Washam invited the public to speak. There being no comments, 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 Sansbury made a motion to approve Ordinance #2024-00846 to amend the Land Development Code, Chapter 7, Section 7.5.11 and Chapter 10, Section 10.7 as presented. Commissioner Johnson seconded the motion and it passed unanimously, 5-0. Ordinance #2024-00846 is hereby made part of the minutes by reference. Commissioner Osborne made a motion to approve Resolution #2024-01122 declaring text amendment TA 02-24 is consistent with the Town’s adopted Land Use Plan as proposed. Commissioner Johnson seconded the motion and it passed unanimously, 5-0. Resolution #2024-01122 is hereby made part of the minutes by reference. C. TA 04-24 Signs Mayor Washam called for a motion to open the public hearing for TA 04-24. The public hearing notice is attached hereto. Commissioner Osborne made a motion to open the public hearing for text amendment TA 04- 24. Commissioner Sansbury seconded the motion and it passed unanimously, 5-0. Planning Director Burhans presented the proposed text amendments to add structural canopy and architectural façade structure signs to Chapter 2 Definitions and Chapter 10 Signs for modifications to School and Civic Signage (on and off-premise); and Chapter 14, Section 14.6.G Civil Penalty. The Board expressed concerns with the “7-day” limit for event banners and Mr. Burhans provided them with additional information on how the off-premise and on-premise banner signs are regulated. Mayor Washam invited the public to speak. Robert Reed - 8834 Westmoreland Lake Drive, stated that banner limitations for events should be more than 7 days. Attorney Bringewatt and Planning Director Burhans had a sidebar discussion regarding the proposed text amendment to provide the Board clarity on what is being considered for approval. Upon their return, Mr. Burhans revisited the proposed text amendment’s intent. Mayor Washam called for a motion to close the public hearing. 02/19/24 Regular Meeting Page 7  Commissioner Johnson made a motion to close the public hearing. Commissioner Sansbury seconded the motion and it passed unanimously, 5-0. Commissioner Johnson made a motion to approve Ordinance #2024-00847 to amend the Land Development Code, Chapter 2 – Definitions, Chapter 10 – Signs, and Chapter 14 – Zoning Administration, Section 14.6.G as presented. Commissioner Carney seconded the motion and it passed unanimously, 5-0. Ordinance #2024-00847 is hereby made part of the minutes by reference. Commissioner Sansbury made a motion to approve Resolution #2024-01123 declaring text amendment TA 04-24 is consistent with the Town’s adopted Land Use Plan as proposed. Commissioner Higgins seconded the motion and it passed unanimously, 5-0. Resolution #2024-01123 is hereby made part of the minutes by reference. 12. CONSIDERATION OF APPROVAL A. FY2024 Budget Amendment Finance Director Niswonger gave an overview of the budget amendment for the new police boat. The total amount of the amendment is $220,556 and the funding source is $200,000 of ARPA-supplanted funds and the remaining $20,556 from Asset Forfeiture Funds. Commissioner Sansbury made a motion to approve Ordinance #2024-00848 amending the FY24 budget by $220,556 for the new police boat. Commissioner Higgins seconded the motion and it passed unanimously, 5-0. Ordinance #2024-00848 is hereby made part of the minutes by reference. B. Smithville-to-JV Washam Greenway Contract Amendment #2 Parks Director Fitzsimmons provided an overview of the project and its timeline: • Town received $2.4M grant for project in 2017. • Town appropriated $1.05M in 2013 park bonds and $660,000 in capital funds in 2018. • Kimley-Horn was selected through RFQ process in 2018. • NCDOT froze project in 2019 due to state grant funding issues. • NCDOT issued ROW authorization and gave the Town the “go ahead” with the project in 2021. • Town has been partnering with the County for the past two years to get the project into the County’s CIP. The project is now in the County’s FY25 CIP so the project can restart. Mr. Fitzsimmons explained that due to the time lapse, several NCDOT documents need to be updated to reflect scope changes and today’s costs. He asked the Board to consider approving a contract amendment with Kimley-Horn for an additional $249,300 to complete the design project. Commissioner Higgins made a motion to approve a contract amendment with Kimley-Horn for $249,300 and authorize the Town Manager and Attorney to finalize the terms and 02/19/24 Regular Meeting Page 8  conditions and execute it. Commissioner Carney seconded the motion and it passed unanimously, 5-0. C. North Carolina Directed Grant Manager Grant gave an overview of the $3M Grant directed by the State to provide the Town funds for capital improvements and/or equipment (Attachment 1). He outlined the criteria and highlighted that the funds must be spent before October 3, 2025. His recommendation to the Board is to expend the $3M in grant funds on short-term Town cash-funded projects prior to October 3, 2025, and supplant $3M of Town funds (cash) to be spent on legislative priorities. He asked for Board direction on how to spend the funds. The Board discussed the options presented by Manager Grant and directed him to supplant the $3M of Town funds and spend it on the legislative priorities identified in 2023. Commissioner Johnson made a motion to approve Step 1 of Manager Grant’s recommendation to expend $3M State grant funds on near-term Town cash-funded projects prior to October 2025 as follows: • $1.2M Bailey Road Park Tennis/Pickleball Project • $900K Town Road Resurfacing (FY25) • $500K Fire Department SCBA Replacement (FY25) • $400K Legion Park Playground Replacement (FY25) Commissioner Higgins seconded the motion and it passed unanimously, 5-0. Commissioner Higgins made a motion to spend $1M of the State supplanted grant funds on the Town’s infrastructure project in Smithville. Commissioner Carney seconded the motion and it passed unanimously, 5-0. Staff was directed to bring more information back to the Board so that it can determine how to spend the remaining $2M of State supplanted funds, including a potential Bailey Road school traffic mitigation project and potential Lake Norman CDC and Smithville Community Coalition projects. 13. CONSENT AGENDA A. FY 2024 Audit Contract with Martin Starnes & Associates (Approved 5-0) B. Tax Refunds = $2103.33 (Approved 5-0) C. Approve Regular Meeting Minutes – February 5th (Approved 5-0) Commissioner Johnson made a motion to approve the Consent Agenda as presented. Commissioner Osborne seconded the motion and it passed unanimously, 5-0. 14. COMMISSIONER CONCERNS No concerns were expressed. 15. CLOSED SESSION A. Closed Session Pursuant to NCGS 143-318.11.(a).(5) - PID #00520129 (cont’d.) Mayor Washam called for a motion to go into Closed Session to continue the closed session topic discussed in the Pre-meeting. Commissioner Carney made a motion to go into Closed Session at 9:55PM. Commissioner Osborne seconded the motion and it passed unanimously, 5-0. 02/19/24 Regular Meeting Page 9 16. ADJOURNMENT Upon return from Closed Session and there being no further business to discuss, Commissioner Sansbury made a motion to adjourn the meeting at 10:30PM. Commissioner Osborne seconded the motion and it passed unanimously, 5-0. Approved this 4th day of March 2024. ATTEST: Woody Washam, Jr., Mayor Lori A Harrell, Town Clerk 02/19/24 Regular Meeting Page 10  Attachment A North Carolina Directed Grant 2023 State Budget • Adopted ~October 2023 • $3,000,000 - “Town of Cornelius – Capital” • “Provides a directed grant to the Town of Cornelius for capital improvements or equipment” Grant Criteria • Capital and equipment are eligible expenditures • Can be provided to a subrecipient; however, all rules still apply • Can be spent on NCDOT partnership matches for road projects • Must be spent prior to October 3, 2025 • NO extensions on expenditure deadline • Unspent funds must be returned to the State Reconciliation b/w grant criteria and Town priorities • High risk of not being able to spend $3M State grant funds prior to October 2025 deadline if provide funds to subrecipients and allocate to NCDOT partnerships • Recommendation: 1. Expend $3M State grant funds on short-term Town cash-funded projects prior to October 2025 2. Supplant $3M of Town funds (Town cash) to be spent on legislative priorities • Eliminates the deadline concern • Can be spent on non-capital and non-equipment • Very similar to ARP supplanting approach Step 1: Expend $3M State grant funds on near-term Town cash-funded projects prior to October 2025 • Projects that are cash-funded and will be complete in FY25 • Bailey Road Park Tennis/Pickleball Phase I $1,200,000 • FY25 Road Resurfacing $ 900,000 • FY25 Fire SCBA Replacement $ 500,000 • FY25 Legion Park Playground Replacement $ 400,000 • Town funds supplanted = Capital Project funds, Powell Bill funds, General Fund fund balance  Step 2: Supplant $3M of Town funds (Town cash) to be spent on legislative priorities • Recommend spending funds on projects that align with 2023 Legislative Priorities • Option • NCDOT Partnership Road Projects $2,000,000 • Town’s Smithville Infrastructure Project – gap funding $1,000,000 • (roads, sidewalk, stormwater) • Recommend approving future budget amendments that will move funds to appropriate capital project funds, such as the Transportation Capital Project Fund and Smithville Infrastructure Fund Questions and Town Board Direction