Town of Bermuda Run Town Council Meeting Minutes March 8, 2016 - 7:00 PM  The Town Council of Bermuda Run held its scheduled meeting on Tuesday, March 8, 2016 at' 7:00 PM. Council Members Present: Mayor Kenneth A. Rethmeier, DrPH; Ken Bateman; Shirley Cagle;  The meeting was. held ini the Davie Room at WinMock Event Center.  Ed Coley; John Guglielmi and Jerry West  Council Members Absent: None  Also Present: Call to Order Pledge of Allegiance Moment of Silence Adoption of the Agenda  Lee Rollins, Town Manager; Brian Williams, Town Attorney; Erin Burris, Zoning Administrator; Janet Smith, Planning Board Chair  Mayor Rethmeier called the meeting to order.  Council Member. John Guglielmi made a motion to adopt the agenda as presented. Council Member Jerry West seconded: the motion. The motion was approved by a vote offive (5) inj favor and none  opposed.  Approval oft the February 9, 2016 Meeting Minutes  Council Shirley Cagle made a motion to approve the February 9, 2016 meeting minutes as amended. Council Member Ken. Bateman seconded the motion. The motion was approved by a vote offive (5) in  favor and none opposed. Citizens Comments  There were none wishing to speak.    Public Hearing: TA 2015-03 Temporary Sign Amendments to the Zoning Ordinance Zoning Administrator Erin Burris provided an overview for the Town Council and those in attendance. The purpose for the administrative text amendments are intended to update the temporary sign regulations to comply with the recently established U.S. Supreme Court case law Redd VS. Town of Gilbert, Arizona. The proposed amendments will change how all temporary signs are regulated and Mayor Rethmeier asked the Town Council ift there were questions for Erin. There were none. Mayor Rethmeier opened the public hearing to receive public comment on the proposed text amendments. There being none in attendance wishing to speak, Mayor Rethmeier closed the public Council. Member Shirley Cagle made a motion that the amendments are consistent with the Town of Bermuda Run Comprehensive Plan and considers the action to be reasonable and ini the public interest. Council Member EdColeyseconded the motion. The motion was approved by a vote offive (5) inj favor Public Hearing: TA2016-01 Removal of Single-Family and Two-Family Residential Design Zoning Administrator Erin Burris provided an overview for the Town Council and those in attendance. The purpose oft the proposed text amendments are intended to remove the single-family and two-family residential design standards to comply with North Carolina Session Law 2015-86, which passed in June Mayor Rethmeier asked the Town Council ift there were questions for Erin. Council Member John Guglielmi asked ifthe Town Council could defer action on the proposed amendments. Town Attorney Brian Williams stated that towns are only authorized to act if given explicit authority in state law. He further stated that Erin Burris is required to administer zoning and planning based on state law. Mayor Rethmeier opened the public hearing to receive public comment on the proposed text amendments. There being none in attendance wishing to speak, Mayor Rethmeier closed the public Council Member Jerry West made a motion to approve the proposed text amendments, finding that the amendments are notfully consistent with the Town of Bermuda Run Comprehensive Plan, but the amendments are recommended in order to comply with state law. Council. Member Ed Coley.seconded the motion. The motion was approved by a vote offive (5) infavor and none opposed.  how sign provisions are enforced.  hearing.  and none opposed. Standards  2015.  hearing.    2016-2 2017] Landscape Maintenance Contract - Kinderton Village Residential  Town Manager Lee Rollins presented a one year renewal landscape maintenance agreement from Blakley Landscape Service for maintenance ofl Kinderton Village entrances and postal kiosk areas. An overall landscape maintenance agreement between Blakley and the Kinderton Village Master Board has already been approved. The agreement with the Town, which would begin April 1,2016, is for $951 a Council Member Ken. Bateman made ai motion to approve the landscape maintenance agreement with Blakley Landscape Service as presented. Council Member. Jerry West. seconded the motion. The motion  month.  was approved by a vote offive (5) inj favor and none opposed.  Council/Mayor Comments Jerry West: Ed Coley:  Mentioned the damage done on the west side landscaping of the roundabout.  John Guglielmi: Upset with state lawmakers and lobbyists who continue to erode local control. Ken Bateman: Expressed his extreme disappointment in al Davie County Commissioner not Shirley Cagle: Thanked Erin for her work in keeping the Town up to date to stay in compliance  No comments.  opening their emails from citizens regarding the sales tax distribution issue. with existing laws. Encouraged residents to turnout for the April 4, 20161 meeting oft the Davie County Commissioners. Expressed concern about the landscape of Development Commission spearheading a retail recruitment and existing retail enhancement strategy for Davie County and the three municipalities. Expressed his appreciation to the two Cooleemee and one Bermuda Run Speaker that articulated disapproval of any change to the distribution of sales tax that penalizes the towns. Expressed appreciation tol his wife as they celebrate their 47th wedding anniversary  future Town services.  Mayor Rethmeier: Expressed his appreciation to Terry Bralley and the Davie County Economic  on this day.  There being no. further business, Council Member Ken. Bateman made a motion to adjourn. Council Member Jerry West seconded the motion. The motion was approved by a vote offive (5) inj favor and  none opposed.  Approved  Respectfully Submitted Rhi H.J Lee Rollins - Town Clerk  uepups Kenneth A. Rethmeier, DrPH-N Mayor    RESOLUTION 2016-03 OFTHE' TOWN OF BERMUDA RUN  ACCEPTING STREETS INTOTHE PUBLIC STREET SYSTEM  WHEREAS, Kinderton Village Residential Homeowners Master Association, Inc., a North Carolina Corporation (hereinafter referred to as the "Association"): has, at the request of the Town of] Bermudal Run, dedicated to the Town certain streets described ini its street dedication instrument and granted easements to the Town as set forth in Exhibit "A" attached hereto  (referred to collectively as the "Streets and Easements"); with standards meeting the requirements ofthe Town;  WHEREAS, the Town is satisfied that the Streets have been constructed in accordance WHEREAS, the dedication instrument applies only to the streets lying within Kinderton Village from the back oft the curb on either side ofs such streets. This dedication applies to paved streets only and does not include alleyways, sidewalks, parking areas and areas within grass  medians;  WHEREAS, the Town desires () to accept the Streets into its street system toj provide for uniformity of maintenance and street lighting and (ii) tol have the easement rights set out in the dedication instrument which: include easements to maintain street lights abutting the Streets for the purpose oft repairing and maintaining the street lights, an easement to allow the maintenance oft the sidewalks, an easement: for the right to install and maintain within the paved area of the Streets lying between the back oft the curb to the back oft the curb public utilities including, but not limited to, public phone lines, fiber optic lines, gas, sewer and water lines, and all rights set  forth inl NCGS 160A-296 (collectively the "Easement Rights"); and  WHEREAS, it isi in the interest of the Town and it's citizens that the Streets be incorporated into the street and: road system oft the Town of Bermuda Run together with the  Easement Rights.  NOW THEREFORE, bei it resolved that Streets described in Exhibit "A" attached hereto be accepted into the public street system oft the Town of Bermuda Run and that the' Town of Bermuda Run immediately assume the public maintenance and begin to exercise the Easement  Rights as necessary from time to time to further the public interest.  BEI ITI FURTHER RESOLVED, that this resolution and thei instrument of dedication be  recorded in the Office of the Register of Deeds of Davie County, North Carolina.  ADOPTION PAGE FOLLOWS    ADOPTION. PAGE  Unanimously adopted by the Town Council oft the Town of Bermuda Run on the 124  day of Apcil ,2016.  I PuNS Kenneth A. Rethmeier, DrPH, Mayor  Attest:  Lee Rollins,  Town Clerk  A    EXHIBIT "A"  DESCRIPTION OF STREETS BEING DEDICATED TO' THE TOWN OF BERMUDA  RUNI FROM. KINDERTON VILLAGE RESIDENTIALI HOMEOWNERS MASTER  ASSOCIATION, INC.  THE DEDICATION OF EACH STREET BEING FROM THE: BACK OF CURB ON ONE SIDE OF THE STREET TO THE BACK OF THE CURB ONTHE OPPOSITE SIDE OF THE STREET, AND THE. DEDICATION OF THE STREETS EXPRESSLY EXCLUDES ALLEYS, SIDEWALKS, PARKING AREAS (INCLUDING BUT NOT LIMITED TO' THE EXCLUSION OFI PARALLEL PARKING BESIDE THE STREETS THAT ARE: BEING DEDICATED AND. ALL PARKING ALONG. PINEWOOD: LANE) AND. AREAS WITHIN  GRASS MEDIANS.  NAME OF STREET BEING DEDICATED  Old Towne Drive Glen. Arbor Drive Town Park Drive North Forke Drive Bellhaven Drive Windsor Circle Avalon Street Sweetwater Circle Waverly Street Brookstone Drive Lakepoint Drive Rosewalk Lane North Field Drive Millstone Lane    Bridgewater Drive Parkview Lane Lakeside Crossing Pinewood Lane Fieldstone Drive Oak Wind Drive Kilbourne Drive Glenmoor Avenue  GRANT OF EASEMENTS  The Association grants to the Town, to the extent it has the right to do sO, perpetual and  permanent easements as follows:  A. The right to access the street lights abutting the Streets for the purpose of  repairing and maintaining the street lights. B. The right to maintain the sidewalks.  C. The right to install and maintain within the paved area of the Streets lying between thel back oft the curb to the back oft the curb public utilities including, but not limited to public phone lines, fiber optic lines, gas, sewer and water lines.  D. Easements encompassed within NCGS 160A-296.