July 13,2021 MINUTES OF REGULAR MEETING TOWNOFI MAIDEN  Thel Maiden Town Council met on Tuesday, July 13, 2021, at 6:00p p.m. for their regularly scheduled Present for the meeting were, Mayor Max Bumgarner Jr., Mayor Pro Tem Danny Hipps, Councilmembers Also, present were Townl Manager Todd Herms, Town Attorney Scott Conrad, Town Clerk-HR Officer  meeting, heldi int the Town of Maiden Council Chamber. Trinal Michael, Beth Rudisill, Bob Sigmon, and Ronnie Williams.  Wanda Barnes.  Others attending: See attached sheet.  The meeting was calledt to order at 6:00 p.m. by Mayor Max Bumgarner Jr. Thei invocation was given by Mayor Pro Tem Danny Hipps The Pledge of Allegiance was led! by Mayor Pro Tem Danny Hipps  4. Approval oft the Agenda  MOTION' WASI MADEI BY COUNCILMEMBER TRINA MICHAEL. AND SECONDED BY COUNCILMEMBER RONNIE' WILLIAMS TO. APPROVETHE/ AGENDA AS PRESENTED MOTION WASI MADEI BYI MAYOR: PRO TEM: DANNY HIPPS AND: SECONDED BY COUNCIMEMBER RONNIE' WILLIAMS TO APPROVETHE 6/8/2021 REGULAR & CLOSED SESSION. MINUTES ASI PRESENTED. MOTION CARRIED UNANIMOUSLYS 5-0. Mayor Pro" Tem Danny Hipps states, Our Congressman Patrick McHenry showed up at the fire department and awarded our fire department an assistance toi firefighters grant check for $206,000. In the last two) years our fire department has applied and been the recipient over $400,000 in grant money. Tracy Caldwell, congratulations tot thel Maiden Fire Department and all thel hard work that you guys did. In September it will be the 100th anniversary oft thel Maiden Fire Department. Hopefully we Councilmember Ronnie Williams states, Iwould like toa acknowledge! Keaton Miller: and the Parks and Recreation: staff for aj job well done. This past weekend I was over there, and I know it was 90 degrees.  7/13/2021. MOTION CARRIED UNANIMOUSLY 5-0. 5. Approval of] Regular and Closed Session Meeting Minutes  6. Citizens Request & Comments  willl be ablet to celebrate thati in our community.    Greatj job: andi it was a tremendous crowd over there thel last two ball games. I'd hate tos see ity when Town Manager Mr. Todd Herms states, Mayor and Council I would liket toi introduce you tol Mr. Bill Bradley, hei ist thel Interim Finance! Director while we're recruiting. He retired from the county of Gaston, after serving several years there ast thel Finance Director andt then ast thel Financel Director for City of Gastonia. He's been very well received and) he's doing a good job for us. Thank you, Bill. Police Chief Tracy Ledford states, I would liket toi introduce one of our newest Police Officers. It's been a whiles since we'vel had to come before you withs someone new, but I'm glad.. Jaleel Smith comes tou us from the Hickory Police Department. Hel has fives years of experience. I'm really pleased to say that he will beag great addition. Officer, Jaleel Smith states, I'm happy to bel here andl hopefully Ican dot the townj justice. ChiefTracy states, July 23, from 9:00 am -10:30 ami is coffee with a cop at Mai's Market downtown. Councilmember Beth) Rudisill states it'sag great idea. Mr. Herms states, the next Jive After 5 is. July 23, 2021. Samantha Saunders is unablet tob bel here, but she has applied for an ABC Mayor Max Bumgarner Jr. states, citizens are calling asking ift the Town was sold. Iwould like to makei it clear; we did nots sell thet town too China, Canada, or Cornelius. The' Towni is not for sale. Planning and Zoning Director Blake Wright states, before you tonight are the annexation petition for Apple. They've requested 3j properties roughly 26 acres combined: into thet town limits. This is going to bea an extension att their existing campus. Itis ont the northwest portion oft the campus, along Elbow Road and thel Payton] Frye road. We have utilities to serve the area, and this would be a combination with our development agreement. It would bring these newj properties into the development agreement Planning and Zoning Director Blake Wrights states, for the Apple annexation, the town will need to apply a zoning tot thej properties. Ifthey're broughti into the town limits, the: zoningi proposed is 321 Hwy economic development industrial which would matcht the rest oft the campus. Currently, itis under Catawba County R40, whichi is low density residential. The review criteria that town council is required to consider first, is whether it's consistent with our long-range plan. This area iti isi inconsistent witht thel long-range plan, however Catawba county has economic development overlays in this area. They've seent this area as an area to grow for the tech sector and fori industrial. It would be prudent to consider that whenever making your decision. The secondi is whether the proposed amendment: is consistent: with Apple, federal and state laws. This would be consistent with those. The third is whether the town can supply the development: resulting from the amended ordinance. AsI discussed earlier, we dol have utilities tos serve the campus, and this would be extended to these lots. Last would be whether this is beneficial tot thej public health, safety, and welfare, in the public interest and the proposed: amendment would allow for a uset thati is compatible with the character ofthe land location. They are close tot the highway 321, in the 321 corridors. Thej planning board did consider this and  everythingi isi normal over there. Very goodj job, thank you.  license. Band ofOz willl be at the event.  7.E Public Hearing 6:091 PM  with Apple. Closed 6:11  recommended. it unanimously for approval. Closed 6:17PM  2    Attorney Scott Conrad state, thisi ist the second amendment Economic Development Agreement, it brings the three properties that Blakej just discussed under thel Economic Development agreement. Mr. Herms states thisi isap procedure wei must follow anytime they annex property. Councilmember Ronnie Williams states, what is the total investment Economic Development Agreement amount. Mr. Herms states around 60 or 7billion dollars. The initial development agreement was 10 years for a billion dollars. For every billion dollars they invest, it's an extra 10 years, with a cap of 30 years. We: arei in year 11 or 12. Wel have 191 more years left. We were hoping to get3 3 billion, but were: at 60 or7b billion withi more toc come. The Townl has $49, ,000.00i invested. Councilmember Ronnie Williams states, what is our portion oft the payback incentive? Mr. Herms states, its different formulas. They received: 50% back on ones section and' 75% on the other because personal property rotates out quickly. The servers depreciate quickly, andt they must replace them. They will payi in around 5 or 61 million and we will bringi in3 million. They also pay into the utility franchise tax, and we will receive aj portion. It could. bea around a million dollars a year. They impact about halfo oft the $20 million budget. Closed 6:201 PM Planning and Zoning Director Blake Wright states, thel McCreary Modern is expanding their facility onb business 321 close to where prison camp Rdi intersects with the business 321. Currently, that property isi in Catawba County zoned R20, whichi isl low density residential. They owned the property and: it's up against the rest oft their campus, which is M1 manufacturing andi industrial willl be extending their campus onto that property. They have indicated thatt they're not going tol be using that, tol havea driveway. They're going to feedi itl back into the rest oft the campus and access 321. The criteria thaty your required to consider would be whether it's consistent with the long-range plan. Thisi is not consistent with our long-range plan mapi it shows this area as commercial sot this willl be a stept to industrial, buti it matches the uses thati isi int the: area. The next would be whether it's consistent with the federal and statel laws and whether we can supply the development. We already have the utility capacity in the area, and we can supply this development. Thel last would be whether it's beneficial to the development, health, safety, andy welfare and in thej publici interest. This would further increase our tax base and employment in the area. McCreary Modern spini is a great employer and contributed to thet town for al long time. Thej planning board considered this, and they recommended the approval. Mayor Pro Tem Danny Hipps states, what ist the current zoning. Mr. Wright states, its zoned as an R20. Councilmember Ronnie Williams states, will this add any additional employees. McCreary Modern employee states, it will add ana additional 20 to 30 employees and 106 employees at the frame Planning and! Zoning Director Blake Wright states, thisi is the extension oft the current annexation. Mr. Herms states, they' re asking for itto become a warrant just as every other property owned and it Planning and Zoning Director Blake Wright states, thisi is 15 acres offt thel Island) Ford) Road." Thisi is across from thel Living Word church. The applicant has indicated that they are interestedi inj putting roughly 401 houses ont this property. Ity would feed offI Island Ford Road andi into Robin Hood Rd and that adjoining subdivision. I wouldj justl like top point out quickly that for this portion of the public hearing this is solely for the annexation and considering bringing it into the town) limits, and what they  shop. Mr. Herms states onej job affect 4.5 people. Closed 6:21 PM  would bea aj justified use. Closed 6:22  want to do with thej property. Closed 6:241 PM  3    Planning and Zoning Director Blake Wright states, the properties are currently under the town limit or undert thet town zoning, under our extraterritorial jurisdiction. Thej public are extraterritorial jurisdiction is zoning fort the town that extends beyond thet townl limits. In some] places up toai mile and thisi isI not currently insidet thet town limits. The property isz zoned] R20 whichi is onl low density residential. They are proposing to1 rezone itt tol R11. The zoning districts that wel have is R20, whichis roughly half an acre or about att third ofa an acre. R1l whichi is 1/4 ofa an: acre. They are looking at having 401 houses ont thej property. Thej planning boardt turned it down. They voted ands said that they aknowledget that the zoning was consistent with the Maiden comprehensive plan, but recommended denial for zoning amendment duet tot that type of growth. Ihave discussed in other public hearings is whether it's consistent with the indent, whether its intent consistent with the intent and goals of Maiden's comprehensive plan. Isi it consistent with ourl long-range plan, which] has this area as being low and medium density? Ita also requires al RUDO, that this area have sidewalks which is required and that would be consistent with our long-range plan. Ther next would be whether it's consistent with federal ands state law, whicht this would be. The next would be whether we coulds serve the development. Wel have water and sewer onl Long Island Ford Rd, and we have water ands sewer on Robin) Hood Rd.) DOT didi not require at traffici impact analysis tol be done for traffic att the exit ofthis property. Thel lasti is whether it's beneficial to public healths safety and welfare andi in the public interest. Thej proposed amendment would allow for use that is compatible with the character oft the Citizen Eric Wiedemann states, ifyou're going up by Living Word thej people don't slow down when thel kids cross thes road. Don't get me wrong the police doag good job.) Idon't mindi more houses being built, but) I wish they would be more like what wel have on] Robinl Hoodl Lane, and you can park more than two cars int the driveway. Ify you builda $450,0001 house, that man can have: four ori more cars, and they will bej parking all int the road. With the traffici issues, guarantee you) people will get tired of trying toj pull outi int thatt traffic. You will not be ablet tos sleep fort the traffic. You should give more land tot thej people buyingt thel houses. Whomever buildst thel houses have them state that will have tol live here for five or six years andl have: al homeowner'sa association. I understand that the development will happen. I don'tv want the town to end up in something that they will: feel bad about later. Ithink our towni isa awesome. Make our town look better than other towns. Don'tmakei it congested. Everybody Mayor Pro Tem Danny Hipps states, Eric, wantt tot thank you for the way that you presented tonight. Itv was verys sincere andi respectful, and] appreciate that. Ididl hear your mentioned: a sewer problemi in that conversation, Iwoulds speak to thej public works director before youl leave tonight. Make sure that he's got aj name and a contact number. We cant talk about that ands see ift there's something we can do. Citizen Phillis Wilkerson states, thej property hei is talking about isi my daughter'sa and she has hadt this problem every since wel bought it. The towns said we cannot give yous sewer, you: aret tool late. Itisi my understanding they are supposed to cut the number ofhouses that's being built ont this) property. According tot this mapi therel he said 401 houses on 15 acres, with a dog park and aj playground. How many actual acres ish he goingt top put these 401 houses on? Thel houses look nice. How much spacei is between these houses? Thisi is 20 feet; Iveg got a garaget that is 25 feet. Icans stick my hand out and shakel hands witht the others side ofr mys garage. We have a beautiful side oft town with trees and animals. We're not going to get to enjoy this because 8p people or trying to decide what's best for the town.  land and thej property consistent witht thel long-range plans.  likest their space. Ijust ask yout tot think about it.    Debbiel Eager states, lliver next tot the adjoining lots for development. Isiti in my front yard, andI watched the deer andi rabbits. Wel have a wholei family ofi rabbits and the other morning) Isaw a deer walking across. Ihave ai fielda adjacent to me, ifthis development comes ands somebody gets on my property, aml Iresponsible iftheyf fall andg get hurt? Ifa dog comes over there and messes, aml I responsible for cleaning itl up? I'mg going tol have top put upa a privacy fence at my expense. Iamt the one with thes sewer problem. Ifthes seweri is coming down my way, is thet town going tol pay for mys sewer tob ber redirected downhill? Ihavel had toj pay for sewer pumps that have torn up and worn out. Thati is out ofr my pocket. Mike Spinks y'all told mel Iwouldn't bel Ipaying a dime. Idon't want tol lose the serenity oft this place. Idon't think my neighbors do either. I don't think anybody back there wants to loset thes serenity and peacefulness. People walk and ride their golf carts. Kids play up and down the  road. Closed 6:45 8. Ordinances for FY2022  A.Ordinance #1 1-2022 An Ordinance to Amend thel FY 2021-2022 Budget tol Record the Donation of Townl Manager Mr. ToddI Herms states, this isac donation made and directed to the Police Department Dare program. Ity will allow us tol bring iti into thel Police Department budget. MOTION WASI MADE. BY MAYOR PRO1 TEM: DANNY HIPPS AND SECONDEDI BY COUNCILMEMBER RONNIE WILLIAMS TO. APPROVE ORDINANCE#1-2 2022TOAMEND THEI FY: 2021 -20221 BUDGETTO RECORD AJ DONATION TO' THE POLICEI DEPARTMENT. B.3 Ordinance #2 2-2022 An Ordinance tol Extend the Corporate Limits ofThe Town ofl Maiden, North Town) Manager Mr. ToddI Herms states, this is an ordinance tol bringi int the three properties Apple MOTION WASI MADE BY COUNCILMEMBER RONNIE WILLIAMS AND SECONDED BY MAYOR. PRO TEMI DANNY HIPPS TO APPROVEORDINANCE: #2-2022 TO EXTENDTHE TOWN OF MAIDEN, NORTH CAROLINA APPLE. ANNEXATION. MOTION CARRIED Ordinance: #3-2022. An Ordinancer to Amend the' Town of Maiden Zoning Maps Apple. (Motion) Town! Manager Mr. Toddl Herms states, this will allow us to Amend Maiden Zoning Map for MOTION WASMADE BY COUNCILMEMBER RONNIE WILLIAMS AND: SECONDED! BY COUNCILMEMBER. BOB SIGMON.ORDINANCE#3-2022 TO. AMENDT THE TOWNOF MAIDEN ZONING MAPSI FOR APPLE. MOTION CARRIED UNANIMOUSLYS.  Money for the Police Department Budget (Motion)  MOTION CARRIED UNANIMOUSLYS-.. Carolina. Apple Annexation (Motion)  purchased.  UNANIMOUSLY5-0. Apple'sp property.  5    D. Ordinance: #4-2022 An Ordinance tol Extend the Corporate Limits oft the Town ofl Maiden, North Carolina Town Manager Mr. Todd) Herms states, this will allow ist to extendt the corporate limits oft the Town of MOTION WASI MADE BY COUNCILMEMBER TRINA: MICHAEL. AND SECONDED BY MAYOR: PRO TEM DANNY HIPPS. ORDINANCE: #4- 2022 TO EXTEND THE CORPORATE LIMITS OF THE1 TOWN OFI MAIDEN FORI MCCREARY MODREN., MOTION CARRIED E. Ordinance #5- 2022 An Ordinance tol Extend the' Town of] Maiden Zoning Map for McCreary Main Townl Manager Mr. Todd Herms states, thisi is to extend the Town ofl Maiden Zoning Map for McCreary MOTION WASI MADE BY COUNCILMEMBER RONNIE WILLIAMS ANDS SECONDED! BY BETH RUDISILL. ORDINANCEHS-202 TO EXTEND THE TOWN OF MAIDEN ZONING MAPFORI MCCREARY MODERN MAIN CAMPUS. MOTION CARRIED UNANIMOUSLYS.. F. Ordinance #6- 2022 An Ordinance tol Extend Corporate Limits oft the Town ofl Maiden, North Carolina Planning andz Zoning Director Mr. Blake Wright, states, thisi is to bring thel Island Ford] Road property into MOTION WASI MADE: BY COUNCILMEMBER BOB SIGMON ANDS SECONDED BY COUNCILMEMBER RONNIE' WILLIAMS. ORDINANCE#6-2022 TOI EXTEND THE CORPORATE LIMITS OF THE TOWN OFI MAIDEN: FORI ISLAND FORD: ROAD. MOTION G. Ordinance #7-2022. An Ordinance to Amend the Town of Maiden Zoning Map Island Ford] Road (Motion) Planning and Zoning Director Mr. Blake Wright states, currently thej property is zoned as R20. Denying this motion would! keept the property as R20 and approving this motion would bringi iti in as R11. You could MOTION WASI MADEI BY COUNCILMEMBER TRINA MICHAEL AND SECONDED BY COUNCILMEMBER RONNIE' WILLIAMS TOI DENY ANDI RECOMMEND THE DEVELOPER GOBACK* TOTHE PLANNING BOARD. ORDINANCE#7- 2022 TO. AMEND' THE TOWN OF MAIDEN ZONING MAPI FOR ISLAND FORD ROAD. MOTION CARRIED UNANIMOUSLYS  McCreay. Annexation. (Motion) Maiden for McCreary Modern. UNANIMOUSLYS. Campus. (Motion) Main Campus.  Island] Ford Road. (Motion) Townl Limits.  CARRIEDI UNANIMOUSLYS-0.  recommend that the developer gob back through the planning board.    9.1 Resolutions  A. Resolution # 1-2022. AI resolution. Authorizing. An Amendment To the Economic Development  Agreement Between The' Town of Maiden And/ Apple] Inc. (Motion) between the town and Apple, toi include thoset three properties.  Town Manager Mr. Todd Herms states, this resolution ist to extend the economic development agreement MOTION WASI MADEI BY COUNCILMEMBER TRINA: MICHAEL. AND SECONDED BY COUNCILMEMBER. RONNIE WILLIAMS. RESOLUTION #1-2022 AJ RESOLUTION: TO EXTEND THE ECONOMIC: DEVELOPMENT. AGREEMENT BETWEEN THE1 TOWN. AND APPLETO INCLUDE THREEI PROPERTIES. MOTION CARRIED UNANIMOUSLY.S-0 B. Resolution #2 2-2022 AJ Resolution In support of] Renaming Entrance' Tol Maiden High School in Town? Manager, Mr. ToddI Herms states, this resolution is our official request as al body tos start that MOTION WASI MADE BY MAYOR: PROT TEM: DANNY HIPPS AND SECONDED BY COUNCILMEMBER BOB SIGMON.. Al RESOLUTION; #2-2022 TOI RENAMING ENTRANCE TO: MAIDEN HIGH SCHOOL. MOTION CARRIED UNANIMOUSLY.5 C.F Resolution: #3-2022. Al Resolution Directing The Clerk To Investigate AI Petition Received under Town! Manager Mr. Todd Herms states, thisi is directing the clerk toi investigate aj petition tos start the MOTION WASI MADE: BYI MAYORI PRO' TEMI DANNY HIPPS AND: SECONDED BY COUNCILMEMBER BETH RUDISILL. AJ RESOLUTION#3.2022 DIRECTINGTHE CLERKTOINVESTIGATE. AJ PETITION. MOTION CARRIED UNANIMOUSLY.S  Honor ofThel Late Tom) Brown (Motion)  process for ai formal request tor rename the Maiden High School entrance.  S.S. 160A-3 (Motion)  process ofa another annexation for the property behind the highs school.  10. Closed Session  A. Consultation" with Attorney (N.C.G.S 143-318-11(3)  MOTION WASI MADE BY COUNCILMEMBER BOB SIGMON AND SECONDED: BY COUNCILMEMBER RONNIE WILLIAMS FOR CLOSED SESSION AT 7:08 PM. MOTION  CARRIED UNANIMOUSLV.SO.  7    11. Adjourn  MOTION' WASMADEI BY COUNCILMEMBER TRINA MICHAEL. AND SECONDED! BY COUNCILMEMBER, BOB SIGMON. ADJOURN AT8:15) PM.MOTION CARRIED  UNANIMOUSLY.S-0.  Respectfully Submitted: Wandal Barnes, Town Clerk ABs Max/Bumgarne)  ATTEST:  bbaw Wanda Barnes, Town Clérk  8