PROPOSED AGENDA Bermuda Run Town Council Meeting Tuesday, August 9, 2022 Bermuda Run Town Hall Mission: "The Town ofl Bermuda Run exists to) provide core public services that enhance the quality oflife for its residents and an environment. for the business  DERMI o  6:00PM  community to thrive".  1. Call to Order 2. Pledge of Allegiance 3. Moment of Silence  "Ttist the intent ofthe Town Council to: solemnize the proceedings of this meeting and thel business. brought before the governing board, to offer the opportumityfor az reflective moment ofsilence."  4. Adoption oft the Agenda Motion: Motion: 6. Citizens' Comments 7. Proposed. Action Items  Second: Second:  Inl Favor:. Inl Favor:.  Opposed: Opposed:  5. Approval oft the) July 12, 2022, Town Council Meeting Minutes  A. Resolution to further endorse Code ofl Ethics  Town of Bermuda Run Code of Ethics provides those public officials be independent;, impartial and responsible to the public; those governmental decisions and policy be made in proper channels of the governmental structure; that public office notl be used for personal gain; and that thej publich have confidence int thei integrity of its government. In recognition of these goals andi inl keeping with the ethical standards of conduct for town public officials, disclosure of interest in legislative action must be stated for the public record." The mayor or any member of the town council whol has an interest in any official act or action before the council: shall publicly disclose on the record ofthe council thei nature: and extento ofsuchi interest, and shall withdraw from any consideration oft ther matter ife excused by the council pursuant to G.S.1 160A-75. Thej purpose oft this Resolution ist toi further establish guidelines for ethical standards of conduct for the  Town Council of Bermuda Runi including a conflict-of-interest. statement. B. Resolution of Intent to close Peachtree Lanel Ext. (Winmock Road)  Motion:.  Second:  Inl Favor:.  Opposed:.  Town has received al request from Ariston Place LLC toj permanently close Peachtree Ext. (Winmock The Town Council may act tonight to adopt the Resolution as presented to declare itsi intent to close the street, Peachtree Lanel Ext. (Winmock) Road), and callf foral Public Hearing on the question on September  Road) as parto of the Ariston development; project.  13,2022. Motion:.  Second:  Inl Favor:.  Opposed:  8. Town Manager Report/Comments 9. Council / Mayor Comments 10. Adjourn Motion:  Second:.  Inl Favor:  Opposed:    Town of Bermuda Run Town Council Meeting Minutes July 12, 2022- 6:00 PM  The Town Council of Bermuda Run held its scheduled meeting on Tuesday, July 12, 2022 at  6:00 PM. The: meeting was. held at the Bermuda Run Town Hall.  Council Members Present: Mayor Rick Cross, Mike Brannon, Heather Coleman, Mike Ernst, and  Melinda Szeliga  Council Members Absent: Curtis Capps  Also Present: Call to Order Pledge of Allegiance Moment of Silence  Andrew Meadwell, Town Manager; Cindy Poe, Town Clerk; and Brian  Williams, Town Attorney  Mayor Rick Cross called the meeting to order.  It is the intent ofthe Town Council to solemnize the proceedings ofthis meeting and the business brought before the governing board, to offer the opportunityfor ai reflective moment ofsilence.  Adoption of the Agenda  Council Member. Heather Coleman made a motion to approve the agenda. Council Member Mike Ernst seconded the motion. The motion was approved by a vote offour (4) inj favor and none opposed. Council Member Mike Brannon made ai motion to approve the. June 14, 2022 meeting minutes. Council Member Melinda Szeliga. seconded the motion. The motion was approved by a vote offour (4) infavor  Approval of the June 14, 2022 Town Council Meeting Minutes  and none opposed. Citizens' Comments  Patricia Williams of124 Parkview Lane (Kinderton Village) - Has lived in KVfor 11 years and loves the neighborhood. Stated that #1 concern is the issue ofconditional. zoning. Complained of sidewalk issues and people falling and getting injured, and lack ofa attention regarding snow removal in the past. Said that she feels the town wants more "rooftops' " but should be concerned with "steam building Tim. Deegan of353 Town Park Drive (Kinderton Village) - Still concerned regarding conditional rezoning and that the developer wants high-density apartments. Spoke ofpossible traffic and run-off  underneath existing rooftops".  issues. Thanked the Council/Mayor, for listening (again) to his thoughts.  Oath of Office - Town Manager Andrew Meadwell  Town Clerk Cindy Poe administered the Oath of Office to newly appointed Town Manager. Andrew  Meadwell.    Adoption of Resolution Designating Town Manager Andrew Meadwell as Designee for ABC Council. Member Melinda Szeliga made a motion to adopt the resolution as, presented. Council Member Heather Coleman. seconded: the motion. The motion was approved by a vote offour (4) in  Permit Local Government Opinion Form  favor and none opposed.  Council/Town Manager/Mayor Comments  Mike Brannon - Thanked. speakers for their thoughts. Welcomed new Town Manager. Andrew Meadwell. Thanked the Bermuda. Run Garden Club for their presentation ofChristmas tree to the Town (prior to the meeting). Prakrwerko/Commanily Officer Mike Foster (absent), stating that Melinda Szeliga -4 As a Bermuda Run Garden Club member, she has seen how much the group contributes throughfumdraisers and support ofthe community and she thanked them for their work. Mike Erst - Glad to see everyone in attendance. Reminded all that it's Summer and more kids and Heather Coleman - Thanked all in attendance and the ones that spoke, adding that they are being heard. Complimented Officer Mike Foster and his dedication to his job as Community Officer. Andrew Meadwell - Kinderton Village emergency access easement to. RISE has started. Decommissioning ofthe Waste Water Treatment Plant - project starting July 20. Town was awarded. $400,000.00 grant) for wastewater (map existing system). NCDOT- Landscaping I-40/801 - will consult with our landscaper as the Town will maintain. Comprehensive Plan update - moving. forward with Planning Boardj fully engaged. Blue Heron Trail update - infull swing - with bridge arriving late August. Lighting will be on each side ofthe tunnel, and. 2 extra light poles will be added to the flag project (Vision Committee project). Chick. Fil. A update - they have applied for permits and have not obtained them. Mayor Rick Cross - Thanked all in attendance. Wonderful, presentation/free ceremony by the Bermuda Run Garden Club. State Budget. signed by the Governor on. Monday. Sam' 's Ice Cream has opened beside ofDavie Tavern - Ribbon Cutting planned for. July. 28 at 4:30 pm. Two more concerts in August, starting with "Trial by Fire"- - Journey Tribute Band. Offered to hang around after the  residents have seen positive changes.  families are out and about on streets - keep neighborhoods safe.  Wished everyone a happy Summer.  meeting, for anyone that needed to talk.  Adjourn  With no. further business to discuss, Council Member Heather Coleman made a motion to adjourn. Council Member. Melinda Szeliga seconded the motion. The motion was approved by a vote offour (4)  inf favor and none opposed. Approved  Respectfully Submitted  Rick Cross, Mayor  Cindy Poe, Town Clerk    BERMUD  Resolution Code of] Ethics Town of Bermuda Run Council  WHEREAS, the Constitution of North Carolina, Article I, Section 35, reminds us that a "frequent recurrence to fundamental principles is absolutely necessary to preserve the blessings of liberty," and WHEREAS, a spirit of honesty and forthrightness is reflected in North Carolina's state motto, Esse WHEREAS, Section 160A-86 of the North Carolina General Statutes requires local governing WHEREAS, as public officials we are charged with upholding the trust of the citizens oft the town NOW, THEREFORE, in recognition of our blessings of liberty and obligations as citizens of the State of North Carolina and as public officials representing the citizens of the Town of Bermuda Run of Bermuda Run, North Carolina, and acting pursuant to the requirements of Section 160A-86 of the North Carolina General Statutes, we the Town Council of the Town of Bermuda Run do hereby adopt the following General Principles and Code of Ethics to guide thel board of commissioners ini its lawful decision-  quam videri, "To be rather than to seem," and boards to adopt a code of ethics, and and with obeying the law, and  making.  GENERAL PRINCIPLES UNDERLYINGTHE CODE OF ETHICS  The stability and proper operation of democratic representative government depend upon public confidence in the integrity oft the government and upon reasonable exercise of the trust conferred Governmental decisions and policy must be made and: implemented through proper channels and Board members must be able to acti in ai manner that maintains their integrity and independence Board members must always remain aware that at various times they play distinct roles: -Asa advocates, who must strive to advance the legitimate needs of their citizens -As legislators, who balance the public interest and private rights in considering and -A As decision-makers, who arrive at fair and impartial quasi-judicial and administrative  by the people upon their elected officials. processes of the governmental structure.  yet is responsive to the interests and needs oft those they represent.  enacting ordinances, orders, and resolutions  determinations.    Board members must know how to distinguish among these roles to determine when each role is Board members must be aware oft their obligations to conform their behavior to standards of ethical  appropriate, and to act accordingly.  conduct that warrant the trust oft their constituents.  CODE OF ETHICS  The purpose of this Code of Ethics is to establish guidelines for ethical standards of conduct for the Town Council of the Town of Bermuda Run and to help determine what conduct is appropriate in particular cases. It should not be considered a substitute for the law or for a board member's best Section 1. Board members should obey all laws applicable to their official actions as members of the board. Board members should be guided by the spirit as well as the letter of thel law in whatever they do. At the same time, board members should feel free to assert policy positions and opinions without fear of reprisal from fellow board members or citizens. To declare that a board member is behaving unethically because one disagrees with that board member on a question of policy (and not because of the Board members should endeavor to keep up to date, through the board's attorney and other sources, about ongoing legal or ethical issues they may face in their official positions. This educational function is in addition to the day-to-day advice the board may receive concerning specific situations that Section 2. Board members should act with integrity and independence from improper influence as they exercise the duties of their offices. Characteristics and behaviors consistent with this standard include the  judgment.  board member's behavior) is unfair, dishonest, irresponsible, and itself unethical.  arise.  following:  Adhering firmly to: a code ofs sound values Exhibiting trustworthiness  Behaving consistently and with respect toward everyone with whom they interact  Living as if they are on duty as elected officials regardless of where they are or what they are doing Using their best independent judgment to pursue the common good as they see it, presenting their Remaining incorruptible, self-governing, and unaffected by improper influence while at the same Disclosing contacts and information about issues that they receive outside of public meetings and refraining from seeking or receiving information about quasi-judicial matters outside of the quasi- Treating other board members and the public with respect and honoring the opinions of others Showing respect for their offices and not behaving in ways that reflect badly on those offices Recognizing that individual board members are not generally allowed to act on behalf of the board but may only do sO if the board specifically authorizes it, and that the board must take official action  opinions to all in a reasonable, forthright, consistent manner time being able to consider the opinion and ideas of others  judicial proceedings themselves  even when the board members disagree with those opinions Not reaching conclusions on issues until all sides have been heard Recognizing that they are part ofal larger group and acting accordingly  as a body  2    Section 3.a Board members should avoid impropriety in the exercise of their official duties. Their official actions should be above reproach. Although opinion may vary about what behavior is inappropriate, this board will consider impropriety in terms of whether a reasonable person who is aware of all of the relevant facts and circumstances surrounding the board member's action would conclude that the action was Section 3.b. If a board member believes that his or her actions, while legal and ethical, may be misunderstood, the member should seek the advice of the board's attorney and should consider publicly disclosing the facts of the situation and the steps taken to resolve it (such as consulting with the attorney). Section 4. Board members should faithfully perform the duties of their offices. They should function as the especially responsible citizens whom others can trust and respect. They should set a good example for others in the community, keeping in mind that trust and respect must continually be earned. Board members should faithfully attend and prepare for meetings. They should carefully analyze all credible information properly submitted to them, mindful of the need not to engage in communications outside the meeting in quasi-judicial matters. They should demand full accountability from those over Board members should be willing to bear their fair share of the board's workload. To the extent  inappropriate.  whom the board has authority.  appropriate, they should be willing to put the board's interests ahead of their own.  Section 5. Board members should conduct the affairs of the board in an open and public manner. They should comply with all applicable laws governing open meetings and public records, recognizing that doing soi is an important way to be worthy of the public's trust. They should remember when they meet that they are conducting the public's business. They should also remember that local government records belong to  the public and: not to board members or their employees.  In order to ensure strict compliance with the laws concerning openness, board members should make clear that an environment of transparency and candor is to be maintained at all times in the government unit. They should prohibit unjustified delay in fulflling public records requests. They should take deliberate steps to make certain that any closed sessions held by the board are lawfully conducted and This General Principles and Code of Ethics Policy became effective November 9, 2010. Adopted and  that such sessions do not stray from the purposes for which they were called. further endorsed by the current Town Council this the 9th day of August 2022.  Attest:  Cindy Poe, Town Clerk  Rick Cross, Mayor  3    A RESOLUTION DECLARING THE INTENT OF THE TOWN COUNCIL OFI BERMUDA RUN TO CONSIDER THE CLOSING OFI PEACH TREE EXTENSION (WINMOCK ROAD)  WHEREAS North Carolina General Statute 160A authorizes the Town Council to permanently WHEREAS, the Town has received a request to close Peach Tree Ext. (Winmock Road) located between NCI Hwy 801 and Ivy Circle. The surrounding properties are owned by Ariston Place LLC; and WHEREAS the Town Council considers it advisable to conduct a public hearing for the purpose of giving consideration to permanently closing the aforementioned street right of way. NOW, THEREFORE BEI ITI RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF BERMUDAI RUN, Section 1. That a public hearing will be held at 6:00 p.m. on September13, 2022, in Council Chambers located at 1201 Kinderton Blvd, Suite 100 Bermuda Run, North Carolina, to consider an order  close public streets and alleys; and  NORTH CAROLINA:  top permanently close said street right of way.  Section 2. The Town Clerki is hereby directed to publish this Resolution of Intent once a week for Section 3. The Town Clerk is hereby further directed to transmit by Registered or Certified Mail, toe each owner of property abutting on said street right of way, a copy of the Resolution of Intent, and shall cause a notice of the Public Hearing to be prominently posted in at least two places along the  four (4) successive weeks prior toi the Public Hearing in the Davie Enterprise.  street.  Section 4. This Resolution of Intent shall become effective upon its adoption and approval.  Adopted and approved this the gth day of August 2022.  Rick Cross, Mayor Town of Bermuda Run    GROUP  Signet  May 12, 2022  H. Lee Rollins Town Manager Town of Bermuda Run 120 Kinderton Boulevard Suite 100 Bermuda Run, NC: 27006  Subject: Lee,  Ariston Place, Bermuda Run, NC ("Project") Request for Road Closure- - Peachtree Lane Extension  On behalf of the Ariston Place team, please find this letter as our request to the Town of Bermuda Run ("Town") to permanently close the Peachtree Lane Extension and deed the associated land to Ariston Ariston Place, LLC, c/o Kelley Properties, Inc, is currently under contract to acquire alll land parcels that are adjacent to the Peachtree Lane extension. Given the road will dead-end into our future property, the parcel will no longer serve the public interest and will not deprive Ariston Place of any reasonable means of ingress and egress. Furthermore, closing the street will relieve the Town's burden from any future costs associated with maintaining the public right of way as Ariston Place, LLCI intends to privately Signet and Kelley Properties understand the Town must follow: standard municipal procedures for closure and are happy to address any questions during this process. Please let us know if youl have any  Place, LLC.  maintain this road for access to the rest oft the property.  questions and are happy to discuss further.  Sincerely,   762 Spencer Hyatt Ariston Place, LLC  Cc: Mike Kelley, Kelley Properties, Inc Aaron Brooker, Signet Scott Miller, MLA Design Group, Inc  Real Estate Development  10201 Centurion PKWY N, Suite 402 - Jacksonville, FL 32256 IP: 904.350.1314    Exhibit A WINMOCK ROAD STREET CLOSURE  BEGINNING at an existing rebar and cap (having North Carolina Grid Coordinates of North 823,465.93. East 1,574,701.14, said iron being in the southwest intersection of N. C. Highway 801 and Winmock Road and also being the northwest corner of Lois B. Barney Trustee Property as recorded in Deed Book 1141, Page 696; thence crossing said Winmock Road and with N. C. Highway 801 N. 44°05'36" W. 43.62' to a point on a telephone pedestal the northern right-of-way of said Winmock Road and the southwest corner of H&V Construction Co. Property as recorded in Deed Book 164, Page 32; thence with the northern right-of-way of said Winmock Road S. 67°46'11"E E. 532.75' to an existing rebar the eastern perimeter of said Winmock Road and the southeast corner of said H. & V. Construction Co.; thence with the eastern perimeter of said Road S. 25°37'25" E. 38.47' to a point the southeast perimeter of said Road; thence with the southern right-of-way of said road S. 67°32'25" W. crossing a rebar with cap 165.25' and continuing 20.41' to a 1 %" iron and 333.11' for a total of 518.78' to the place of  BEGINNING and containing 0.4763 Acres more or less.    Bk1659 ESBAAEEE  MMSTON-ALEM MOCKSVIZE HIGHWAY  WINMOGK  POAD.  3 :  MAP OF LOCATEDIN Scale !"m80'  "ARDEN VILLAGE" FAPMINGTON TOMASHIP-DAVECO-M  lake Narlk Cuehes Fanylk G. lerbe, being culy 6ehe! fem w"y Swern /e ond sukserbed /ore me Ahis i"deye/d-ly. Al 1949 : *8") fy- Mlary Rblie Comimissen Eiprres. K.,  MFERPELL  lhet he pateln  CO-NINSTON-JALEM,AC JELLING AGENTS.    688 8 o al8!  Se  EIF 801 NC    euyo.es YION 'ung epnuag 'TOB KEAH ON apeld uoISIIY  G1    $160A-299. Procedure for permanently closing streets and alleys.  (a) When a city proposes to permanently close any street or public alley, the council shall first adopt a resolution declaring its intent to close the street or alley and calling a public hearing on the question. The resolution shall be published once a week for four successive weeks prior to the hearing, a copy thereof shall be sent by registered or certified mail to all owners of property adjoining the street or alley as shown on the county tax records, and a notice of the closing and public hearing shall bej prominently posted in atl least two places along the street or alley. If the street or alley is under the authority and control of the Department of Transportation, a copy oft the resolution shall be mailed to the Department ofTransportation. At the hearing, any person may be heard on the question of whether or not the closing would be detrimental to the public interest, or the property rights of any individual. Ifi it appears to the satisfaction of the council after the hearing that closing the street or alley is not contrary to the public interest, and that no individual owning property in the vicinity oft the street or alley ori in the subdivision in which it is located would thereby be deprived of1 reasonable means ofi ingress and egress to his property, the council may adopt an order closing the street or alley. A certified copy oft the order (orj judgment oft the court) shall be filed in the office of the register of deeds (b) Any person aggrieved by the closing of any street or alley including the Department of Transportation if the street or alley is under its authority and control, may appeal the council's order to the General Court of Justice within 30 days after its adoption. In appeals of streets closed under this section, all facts and issues shall be heard and decided by a judge sitting without a jury. In addition to determining whether procedural requirements were complied with, the court shall determine whether, on the record as presented to the city council, the council's decision to close the street was in accordance with the statutory standards of subsection (a) ofthis section and any other applicable requirements oflocal law or ordinance. No cause of action or defense founded upon the invalidity of any proceedings taken in closing any street or alley may be asserted, nor shall the validity of the order be open to question in any court upon any ground whatever, except in an action or proceeding begun within 30 days after the order is adopted. The failure to send notice by registered or certified (c) Upon the closing of a street or alley in accordance with this section, subject to the provisions of subsection (f) oft this section, all right, title, and interest in the right-of-way shall be conclusively presumed to be vested in those persons owning lots or parcels of land adjacent to the street or alley, and the title of such adjoining landowners, for the width of the abutting The provisions of this subsection regarding division of right- of-way in street or alley closings may be altered as to a particular street or alley closing by the assent of all property owners taking title to a closed street or alley by the filing of a plat which shows the street or alley closing and the portion of the closed street or alley to be taken by each such owner. The plat shall be signed by each property owner who, under this section, has an ownership right in (d) This section shall apply to any street or public alley within a city or its extraterritorial jurisdiction that has been irrevocably dedicated to the public, without regard to whether it has actually been opened. This section also applies to unopened streets or public alleys that are shown on plats but that have not been accepted or maintained by the city, provided that this section shall not abrogate the rights ofa dedicator, or those claiming undera (e) No street or alley under the control of the Department of Transportation may be  oft the county in which the street, or any portion thereof, is located.  mail shall not invalidate any ordinance adopted prior to January 1, 1989.  land owned by them, shall extend to the centerline oft the street or alley.  the closed street or alley.  dedicator, pursuant to G.S. 136-96.  closed unless the Department ofTransportation consents thereto.  G.S. 160A-299  Page 1    (f) Ad city may reserve a right, title, and interest in any improvements or easements within a street closed pursuant to this section. An easement under this subsection shall include utility, drainage, pedestrian, landscaping, conservation, or other easements considered by the city to be in the public interest. The reservation of an easement under this subsection shall be stated in the order of closing. The reservation also extends to utility improvements or easements owned by private utilities which at the time of the street closing have a utility (g) The city may retain utility easements, both public and private, in cases of streets withdrawn under G.S. 136-96. To retain such easements, the city council shall, after public hearing, approve a "declaration of retention of utility easements" specifically describing such easements. Notice by certified or registered mail shall be provided to the party withdrawing the street from dedication under G.S. 136-96 at least five days prior to the hearing. The declaration must be passed prior to filing of any plat or map or declaration of withdrawal with the register of deeds. Any property owner filing such plats, maps, or declarations shall include the city declaration with the declaration of withdrawal and shall show the utilities retained on any map or plat showing the withdrawal. (1971, C. 698, S. 1; 1973, C. 426, S. 47; C. 507, S. 5; 1977, C. 464,s. 34,1981, C. 401; C. 402, SS. 1,2; 1989, C. 254; 1993, C. 149, S. 1;2015-103,s.1)  agreement or franchise with the city.  G.S. 160A-299  Page 2