Board of Commissioners

BOARD OF COMMISSIONERS August 4, 2025 MINUTES PRE-MEETING – 4:30PM Mayor Washam to call the Pre-meeting to order at 4:40PM.  Closed Session Pursuant to G.S. 143-318.11(5) PID #00753116 Mayor Washam called for a motion to go into Closed Session pursuant to GS 143-318.11(5) PID #00753116. Commissioner Sansbury made a motion to go into Closed Session at 4:40PM. Commissioner Johnson seconded the motion, and it passed unanimously, 5-0. Upon return from Closed Session at 5:39PM, the following item was discussed:  Agenda Review Manager Grant gave an overview of the 6PM agenda. Commissioner Carney made a motion to adjourn the Pre-meeting at 5:56PM. 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 6:07PM. 2. DETERMINATION OF QUORUM All commissioners were present at the meeting. 3. APPROVAL OF AGENDA Commissioner Johnson made a motion to approve the agenda as presented. Commissioner Carney seconded the motion, and it passed unanimously, 5-0. 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. Natasha Witherspoon along with Lisa Mayhew-Jones announced the new location for the Smithville Community Coalition (SCC) located at 19721 South Ferry Street. They brought an SCC t-shirt for Mayor Washam in exchange for a $50 donation. 08/04/25 Regular Meeting Page 1 6. REPORTS Asst. Manager Beardsley reported on the following: • Bailey Road sidewalk construction has begun and will be complete before the start of the new school year. • Washam Potts resurfacing by NCDOT is set to begin on Aug. 12th and should take 4 days to complete. 7. EMPLOYEE RECOGNITION A. New Employee Introduction - Tuyen Truong Planning Director Burhans introduced Tuyen Truong to the Board. She started with the Planning Department on June 30th as a Planner I position. 8. PRESENTATIONS AND PUBLIC COMMENT A. REZ 06-25 Old Statesville Rd Planning Director Burhans presented the rezoning request made by Blue Heel Development to rezone an 8.25-acre site located off Hwy. 115 south of Washam Potts from Neighborhood Residential to Conditional Zoning. The rezoning will allow 31 single-family lots to be constructed, a 25–30-foot tree preservation buffer, 9 spaces for overflow parking, a public street with access to Hwy. 115, and an easement preservation for a pedestrian walkway to connect to Barnette Avenue. The community meeting held on July 22nd had 16 attendees that supported the overall project and tree preservation, but expressed concerns with the pedestrian connection to Barnette Ave., an affordable housing component, and the preservation of natural areas for wildlife. Mayor Washam invited the applicant to speak. Mr. Matt Gallagher with Blue Heel Development presented the rezoning and illustrations of what the homes could look like. Commissioner Johnson asked what the price point of the homes will be. Mr. Gallagher stated that the price range will be around $700K-$800K+. Commissioner Higgins expressed concerns with visibility along Hwy. 115 for ingress/egress. Mr. Gallager explained that there will be a deceleration lane (extra lane on Hwy. 115 designed to allow drivers to safely slow down as they prepare to exit, without disrupting the flow of traffic on Hwy. 115). Commissioner Carney asked if on-street parking will cause issues if guests choose not to utilize the proposed overflow parking spots. Mr. Gallagher stated that the street is designed for two travel lanes and on-street parking; however, homes with detached garages will have ample driveway space for guests. Mayor Washam invited the public to speak, and the following were heard: Kim Sherrill – 19722 Feriba Place, expressed her support of the project that includes the enhanced buffers and natural areas. 08/04/25 Regular Meeting Page 2  Jeff Morey – 19409 Barnette Avenue, expressed his opposition of the project due to the density. 9. PUBLIC HEARING AND CONSIDERATION OF APPROVAL A. REZ 03-25 Jetton Rd (Cashmere) Mayor Washam called for a motion to reconvene the public hearing for REZ 03-25 Cashmere. Commissioner Sansbury made a motion to reconvene the public hearing. Commissioner Higgins seconded the motion, and it passed unanimously, 5-0. Planning Director Burhans gave a quick overview of the proposed rezoning request made by Adam and Iryna Jones (Zaika Group, LLC) to construct a 6-story mixed use building located at the corner of Jetton Road Extension/Bethel Church Road. He explained that since the July 21st public hearing, the conditions document has been refined to include architectural enhancements for the project along Jetton Road, the use of safety/parabolic mirrors on the garage located off Jetton Road, and a stormwater pond maintenance agreement acknowledgement. Mayor Washam invited the applicant to speak. Mr. Jones gave a brief overview of the proposed rezoning and the benefits the project will bring to the area that has been rundown for over 26 years. Mayor Washam invited the public to speak. The following speakers were in favor of the proposed project as it will support local businesses in an area that has been abandoned/undeveloped for decades: • Jamie Rolewicz – 18205 Town Harbour Road • Wooten Van Loo – 19720 Jetton Road • Denis Bilodeau – 17915 Kings Point Drive • Kane Rogers – 19546 Greentree Way • David Judge – 19708 Charles Towne Lane The following speakers were opposed to the proposed project due to the building height and not meeting what the Land Use Plan calls for in that area: • Mimi Hooker – 18713 Daymark Drive • Larry Cook – 17800 John Connor Road • Stan Ott – 18717 Daymark Drive • Kenny Colbert – 18741 Daymark Drive • Stephanie Kennedy – 21500 Lake Point Lane Mayor Washam asked Mr. Jones to explain the plan for maintaining the retention pond. Mr. Jones stated that at first, he was not aware of a retention pond agreement but has since agreed to share in the responsibility of the pond maintenance. He also shared that it is time to put the master association agreement back together so that all owners share in the responsibility of maintaining the pond. Planning Director Burhans explained that there is a private 08/04/25 Regular Meeting Page 3 agreement that obligates the Cornelius Village Center property owners to be partners in the pond maintenance that is currently being maintained by the Lake Norman Courtyards community. So, as a condition to the rezoning the applicant has acknowledged the agreement for maintenance. Mayor Washam questioned what can be done about the dangerous road conditions along Greentree Way that leads to Daymark Drive. Deputy Manager Herron explained that although Greentree Way is a private road, the Town does have an interest in safety but is limited to enforcement due to the road being private. The Town is continuing its efforts in what can be done to make that safer for the residents along Daymark Drive. Commissioner Higgins suggested that the Town consider adding pedestrian crossings along the corridor for the safety of pedestrians and traffic calming. There being no other questions from the Board, Mayor Washam called for a motion to close the public hearing. Commissioner Higgins made a motion to close the public hearing. Commissioner Johnson seconded the motion, and it passed unanimously, 5-0. Mayor Washam called for a motion to approve or deny an Ordinance to amend the zoning map. Commissioner Higgins made a motion to approve, and Commissioner Johnson seconded the motion. Commissioner Johnson stated that she is excited to see the project add value to the area after decades of it being rundown. Commissioner Sansbury stated that he is excited about the project as it improves the corridor but asked for clarification on “setting a precedence” for future development. Deputy Manager Herron stated that each Conditional Zoning stands on its own merits, so there is no precedence set. Commissioner Osborne stated that he is opposed to the project because it does not meet the Land Use Plan set by the Town. Commissioner Carney thanked Deputy Manager Herron for the earlier clarification on setting a precedence and stated that he is in favor of the project. Commissioner Higgins stated that he is in support of the project and looks forward to the improvements along the corridor. Mayor Washam called the question. 08/04/25 Regular Meeting Page 4  Commissioner Higgins made a motion to approve Ordinance #2025-00881 to amend the zoning map to include REZ 03-25 with conditions. Commissioner Johnson seconded the motion, and it passed 4-1. Commissioner Osborne was opposed. Ordinance #2025-00881 is hereby made part of the minutes by reference. Commissioner Higgins made a motion to approve Resolution #2025-01175 declaring REZ 03-25 with conditions is consistent with the Town’s Land Use Plan and is in the best interest of the public. Commissioner Carney seconded the motion, and it passed 4-1. Commissioner Osborne was opposed. Resolution #2025-01175 is hereby made part of the minutes by reference. B. REZ 04-25 Aftonshire Homes Mayor Washam called for a motion to open the public hearing on REZ 04-25 Aftonshire Homes. The public notice is attached hereto. Commissioner Sansbury made a motion to open the public hearing. Commissioner Johnson seconded the motion, and it passed unanimously, 5-0. Planning Director Burhans presented a rezoning request made by Fund 26-Dogwood, LLC to rezone a .349-acre parcel located behind Oak Street Mill/near the entrance of the Mill Creek community from Neighborhood Residential to Conditional Zoning to allow for 3 single- family lots. The three lots will front Aftonshire Drive and may contain accessory dwellings in the rear, they will have a 2-story height limit, and a 6´fence along the side/rear perimeter. The applicant is not the builder. The community meeting held on June 5th and had five attendees of nearby residents who expressed concerns with stormwater drainage, separation of homes, and visitor parking. The Planning Board, during their July 8th meeting, recommended unanimous approval with conditions and consistent with staff. Mayor Washam invited the applicant to speak. Mr. Martin Kerr representing for the applicant thanked staff for the assistance throughout the process and was available to answer any questions the Board might have. There being no questions from the Board, Mayor Washam invited the public to speak. Kim Sherrill – 19722 Feriba Place, expressed her support for the project and welcomes single-family homes vs. townhomes. Dr. Brandon Lokey – 19733 Feriba Place, expressed his support for the overall project, but wished affordable housing would be considered. There being no further comments, Mayor Washam called for a motion to close the public hearing. 08/04/25 Regular Meeting Page 5  Commissioner Sansbury made a motion to close the public hearing. Commissioner Johnson seconded the motion, and it passed unanimously, 5-0. Mayor Washam called for a motion to approve or deny the rezoning. Commissioner Higgins made a motion to approve Ordinance #2025-00882 to amend the zoning map to include REZ 04-25 with conditions. Commissioner Johnson seconded the motion, and it passed unanimously, 5-0. Ordinance #2025-00882 is hereby made part of the minutes by reference. Commissioner Sansbury made a motion to approve Resolution #2025-01176 declaring REZ 04-25 with conditions is consistent with the Town’s Land Use Plan and is in the best interest of the public. Commissioner Carney seconded the motion, and it passed unanimously, 5-0. Resolution #2025-01176 is hereby made part of the minutes by reference. 10. CONSIDERATION OF APPROVAL A. Transportation Advisory Board Appointments Planning Director Burhans gave an over of the two appointments to the Transportation Advisory Board (TAB) that will fulfill vacancy terms. He explained that Danny Watson will fill a partial term from February 2025 to February 2028 and Bob Bruton will fill partial term from February 2022 to February 2026. Commissioner Osborne made a motion to approve the appointments of Danny Watson and Bob Bruton to the Transportation Advisory Board as presented. Commissioner Carney seconded the motion, and it passed unanimously, 5-0. B. Medic Memorandum of Understanding (MOU) Manager Grant stated that due to concerns regarding Medic’s response times to patients, the amount of time the fire department is tied up on non-emergency calls preventing or slowing responses to fire & rescue calls, and the level of funding received from Medic for the first responder services provided, the Town and Cornelius-Lemley Volunteer Fire Dept. have been working with the other municipalities and fire departments in Mecklenburg County to achieve improvement in these areas. The Town and Cornelius-Lemley Volunteer Fire Dept. provided notice of termination of the agreement with Medic with termination occurring as of August 15, 2025. He explained that the MOU will extend the termination date for an initial period of 90 days to allow a study to commence, extend again for 180 days to allow for the study to be completed and allow time for recommendations to be considered for the FY27 Mecklenburg County budget, and finally ending on June 30, 2026. The Town will evaluate the progress being made at each juncture to determine if the fire department will remain under contract to provide first responder services. Commissioner Higgins made a motion to approve the MOU (memorandum of understanding) as presented and provide the Town Manager and Attorney with the authority to finalize the terms & conditions and execute it. Commissioner Osborne seconded the motion, and it passed unanimously, 5-0. 08/04/25 Regular Meeting Page 6  C. Establish Infrastructure Capital Reserve Fund Finance Director Niswonger explained that the Town's Investment Policy indicates pursuant to North Carolina Session Law 2011-180, House Bill 442, the Town, in addition to the authority granted in G.S. 159-30, is authorized to invest and reinvest any of the Town’s restricted or unrestricted capital reserves as so designated from time to time by the Board of Commissioners as authorized by State law for the State Treasurer in G.S. 147-69.2(b)(1)-(6) and (8). This proposed new Infrastructure Capital Reserve Fund allows funds to be invested in these vehicles. Commissioner Carney made a motion to approve Ordinance #2025-00883 establishing an Infrastructure Capital Reserve Fund as presented. Commissioner Sansbury seconded the motion, and it passed unanimously, 5-0. Ordinance #2025-0083 is hereby made part of the minutes by reference. D. Substation Distribution Feeder Materials Contract Electric Systems Manager David Lucore explained that ElectriCities and its engineer, Southeastern Consulting Engineers, Inc. bid materials necessary to connect the new substation to the distribution lines that will serve the Town's electric system upon the completion of the new substation. The bids were opened on July 10th, and Border States was the low bidder with a contract price of $209,375. Commissioner Higgins made a motion to approve the contract with Border States as presented and provide the Town Manager and Attorney with the authority to finalize the terms and conditions and execute the contract. Commissioner Johnson seconded the motion, and it passed unanimously, 5-0. E. Substation Distribution Feeder Construction Contract Electric Systems Manager David Lucore explained that ElectriCities and its engineer, Southeastern Consulting Engineers, Inc. bid the labor/construction necessary to connect the new substation to the distribution lines that will serve the Town's electric system upon the completion of the new substation. The bids were open on July 10th, and Power Grid Distribution Services, LLC. was the low bidder with a contract price of $320,101.42. Commissioner Higgins made a motion to approve the contract with Power Grid Distribution Services, LLC as presented and provide the Town Manager and Attorney with the authority to finalize the terms and conditions and execute the contract. Commissioner Carney seconded the motion, and it passed unanimously, 5-0. 11. CONSENT AGENDA A. TIA and Traffic Engineering Contract (Approved 5-0) B. Annual Settlement of the Tax Collector Tax Year 2024 (FY25) and Order of Collection for Tax Year 2025 (FY26) (Approved 5-0) C. Tax Refunds = $143.75 (Approved 5-0) st D. Approve Closed Session Minutes - July 21 (Approved 5-0) E. Approve Regular Meeting Minutes - July 21st (Approved 5-0) 08/04/25 Regular Meeting Page 7  Commissioner Sansbury made a motion to approve the Consent Agenda as presented. Commissioner Johnson seconded the motion, and it passed unanimously, 5-0. 12. COMMISSIONER CONCERNS No concerns were expressed. 13. ADJOURNMENT There being no further business to discuss, Commissioner Johnson made a motion to adjourn the meeting at 8:27PM. Commissioner Carney seconded the motion, and it passed unanimously, 5-0. Approved this 18th day of August 2025. ATTEST: Woody Washam, Jr., Mayor Lori A Harrell, Town Clerk 08/04/25 Regular Meeting Page 8  The Beaufort Gazette Durham | The Herald-Sun The Modesto Bee The Belleville News-Democrat Fort Worth Star-Telegram The Sun News - Myrtle Beach Bellingham Herald The Fresno Bee Raleigh News & Observer McClatchy Centre Daily Times Sun Herald Idaho Statesman Bradenton Herald The Island Packet The Kansas City Star Lexington Herald-Leader The Telegraph - Macon Rock Hill | The Herald The Sacramento Bee San Luis Obispo Tribune Tacoma | The News Tribune The Charlotte Observer Merced Sun-Star Tri-City Herald The State Miami Herald The Wichita Eagle Ledger-Enquirer El Nuevo Herald The Olympian AFFIDAVIT OF PUBLICATION Account # Order Number Identification Order PO Cols Depth 50310 IPL0256149 Legal Ad - IPL0256149 2.0 36.0L ATTENTION: Rechelle Ward North Carolina } ss 21445 Catawba Avenue Mecklenburg County } CORNELIUS, NC 28031 Before the undersigned, a Notary Public of said County and State, duly accountspayable@cornelius.org authorized to administer oaths affirmations, etc., personally appeared, 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 North Carolina, and publishing a newspaper known as The Charlotte Observer in the city of Charlotte, County of Mecklenburg, NOTICE OF PUBLIC HEARING and State of North Carolina and that as such he/she is familiar with Town of Cornelius the books, records, files, and business of said Corporation and by 21445 Catawba Avenue, Cornelius, NC reference to the files of said publication, the attached advertisement was inserted. The following is correctly copied from the books and files The Town of Cornelius Board of Commissioners will hold a Public Hearing on Monday, August 4, 2025 at 6:00 PM in Town Hall on of the aforesaid Corporation and Publication. the following item: REZ 04-25 Aftonshire Homes: Request by Fund 2626-Dogwood, LLC, to amend 2.0 insertion(s) published on: the zoning on approximately 0.34 acres of property at 21726 Aftonshire Drive. 07/25/25 Print, 08/01/25 Print The parcel is further identified as Mecklenburg County PID number 00521122. The proposed rezoning is from Neighborhood Residential (NR) to Conditional Zoning (CZ) to create a 3-lot single-family subdivision and associated acces- sory buildings. Current Use: Vacant. Current Zoning: Neighborhood Residential. Proposed Use: Single Family Residential. Proposed Zoning: Conditional Zoning. PID: 00521122. IPL0256149 Jul 25,Aug 1 2025 Print Tearsheet Link Marketplace Link Julie Ambry Julie Ambry Amanda Rodela Sworn to and subscribed before me on Aug 1, 2025, 10:19 AM EDT Online Notary Public. This notarial act involved the use of online audio/video communication technology. Notarization facilitated by SIGNiX®  NOTICE OF PUBLIC HEARING Town of Cornelius 21445 Catawba Avenue, Cornelius, NC The Town of Cornelius Board of Commissioners will hold a Public Hearing on Monday, August 4, 2025 at 6:00 PM in Town Hall on the following item: REZ 04-25 Aftonshire Homes: Request by Fund 2626-Dogwood, LLC, to amend the zoning on approximately 0.34 acres of property at 21726 Aftonshire Drive. The parcel is further identified as Mecklenburg County PID number 00521122. The proposed rezoning is from Neighborhood Residential (NR) to Conditional Zoning (CZ) to create a 3-lot single-family subdivision and associated acces- sory buildings. Current Use: Vacant. Current Zoning: Neighborhood Residential. Proposed Use: Single Family Residential. Proposed Zoning: Conditional Zoning. PID: 00521122. IPL0256149 Jul 25,Aug 1 2025