TOWN OF COATS Board of Commissioners Thursday, September 14, 2023 Official Minutes  The Town of Coats Board of Commissioners met in regular session on Thursday, September 14, 2023 at  7:00 p.m. in the Board of Commissioners' Meeting Room at Coats Town Hall.  Members Present: Mayor Chris Coats Mayor Pro-Tem Jerry Beasley Commissioner Marc Powell Commissioner Kelvin Gilbert Commissioner Shirley. Allen Commissioner Allen. Mosby CALLTOORDER  Others Present: Nick Holcomb, Town Manager Connie Lassiter, Finance Director/Town Clerk Ken Storicks, ChiefofPolice Rodney Pleasant, Public Works Director Al Bain, Town Attorney  A quorum being present, Mayor Chris Coats called the meeting to order at 7:00 p.m. Mayor Coats delivered the invocation and led those in attendance in thel Pledge of Allegiance. MOTION. BY: Commissioner Marc Powell, SECOND BY: Commissioner Kelvin Gilbert  RESOLVED, to approve Agenda. APPROVED: 5-0, unanimonsly approved  II. CONSENT AGENDA  A. Approval of] Minutes - August 10, 2023 Regular Meeting B. Approval of Attorney Bill - Services Rendered August 1-31,2023  RESOLVED, to approve Consent Agenda. APPROVED: 5-0, unanimously approved  MOTION: BY: Commissioner Shirley Allen, SECOND BY: Commissioner Allen Gilbert  II. PUBLIC HEARING A. Open Burning Ordinance  Town Manager Nick Holcomb introduced the proposed open burning ordinance which would provide a clearer set ofrules to be used by law enforcement and the fire department that would set some guidelines for recreation fires, open burning and land clearing with proper approval. Commissioner Allen Mosby made a recommendation of striking item B-1 under the ordinance because he believed the majority ofthe houses in town wouldn't be able to have a fire 25 feet  from their house due to small lot size.  1    Mayor Chris Coats opened the Public Hearing; and after hearing no one, Mayor Coats closed the  Public Hearing. B. Noise Ordinance  Town Manager Nick Holcomb explained the proposed noise ordinance would put guidelines in place that could be enforced as new growth in businesses that offer live entertainment had caused issues that the town hadn't previously experienced. The noise ordinance seeks to determine an appropriate window oftime where businesses and nonprofits can host music and entertainment events without becoming a nuisance to adjacent residential areas. The proposed time for such events to stop would be 11 a.m. on Friday and Saturday nights and' 9:00 p.m. on all other nights with consideration by council for approval on events held during weekdays for holidays, festivals  and other special events.  Mayor Chris Coats opened thel Public Hearing.  The following individuals expressed concerns ofhindering future growth in the' Town and the possibility ofl losing businesses ift the noise ordinance was too restrictive with times allowed for  events:  Brandon King, Kicking Camel, 174 N McKinley St  Joe Wilkins, 30 SI McKinley St Mark Aaron, 70 S Patterson St Brad Abate, 2776 Cane Mill Rd Thomas Poole, 41 Rock Ridge PI Michelle Godwin, 8701 NC Hwy 55 Jonathan Johnson, 1985 Old Stage Rd Don Plessinger, 202 Remington Dr  Tricia Bristow, Coats Chamber ofCommerce, 11 EI Main St  Brandon King noted that he had addressed previous complaints directed toward his events at the Kicking Camel by lowing volume levels and adjusting times. He agreed with the need ofa a noise ordinance and the timeframes apart from Thursday night which he preferred to be 10:00 p.m. Joe Wilkins stated that he was the Noise Officer for the City of] Raleigh and suggested a consideration of defining the distance from aj property line that sound could be heard instead ofa Fred Genet, owner of Highlander Green Apartments, Coats NC, informed the Board that his tenants had complained to him about not being able to: sleep and study due tot the loud music and Kathleen Parrish, 104 N Railroad St, Coats NC stated she lived 300 feet from the back ofl Kicking Camel and had called 911 thirty times in the last fifteen months with noise complaints. Kenneth Parrish of the same address echoed her concerns of noise from the live events at the Kicking Camel and added that he didn'thear noise from other events held in town. Mayor Chris Coats closed thel Public Hearing after hearing no one else.  hard cut-offt time.  noise from events at thel Kicking Camel.  2    IV.NEWI BUSINESS A. Open Burning Ordinance  Commissioner Kelvin Gilbert inquired about the 25 feet distance that Commissioner Allen Mosby commented on earlier as to whether he wanted a shorter distance or no distance restriction at all. Commissioner Mosby replied his preference was no restrictions on distance. Commissioner Marc Powell asked for Fire Chief. Jay Smith's recommendation for distance of fires from a house. Chief Smith recommended passing the ordinance as stated. Commissioner Allen Mosby commented that citizens should be allowed to use common sense when burning in fire pits because the issue that needed to be addressed was citizens burning  illegal stuffa and people burning al lot oftrees.  Motion by Commissioner Allen Mosby to pass the ordinance striking section B-1. Motion failed due to  lack of second.  RESOLVED, to pass ordinance as presented.  MOTION BY: Mayor Pro Tem Jerry Beasley, SECOND BY: Commissioner Marc Powell APPROVED: 3-2; Ayes (3)- - Mayor) Pro Tem Jerry Beasley, Commissioner Shirley Allen, Commissioner Marc Powell; Noes (2)- - Commissioner Allen Mosby, Commissioner Kelvin Gilbert  B. Noise Ordinance  Board discussion in reaction to citizen comments included:  Effect on businesses operations and potential of closings with change in time restrictions Volume restrictions sO that citizens would not be affected by the noise level inside their Researching the suggestion made by Joe Wilkins to define the distance from a property  Consideration of ordinançes of nearby towns  homes  line that sound could bel heard instead ofal hard cut-offti time  RESOLVED, to table.  MOTION. BY: Mayor Pro' Tem Jerry Beasley, SECOND BY: Commissioner Allen Mosby  APPROVED: 5-0, unanimously approved C. Set Public Hearing for UDO Adjustments  Town Manager Nick Holcomb reported that it had been a little over a year since the adoption of the revised UDO, and the public hearing would allow citizens a chance to comment on how the UDO had worked inj practice. There are three proposed amendments related to sidewalks and  parking placement on new homes. RESOLVED, set Public Hearing for October 12. APPROVED: 5-0, unanimously approved  MOTION: BY: Commissioner Kelvin Gilbert, SECOND BY: Commissioner Shirley Allen  3    D. Set Public Hearing for Rezoning Request  Town Manager Nick Holcomb stated that a request had been made to rezone 235 E. Jackson St  from SFR-3 to RMST.  RESOLVED, set Public Hearing for October 12. APPROVED: 5-0, unanimously approved E. Street Resurfacing  MOTION BY: Commissioner Marc Powell, SECOND BY: Commissioner Allen Mosby  Nick Holcomb, Town Manager, reminded the! Board oft the quotes received from Sykes Paving ($85,480), Patterson Paving ($114,840) and Highland Paving ($165,945) for street resurfacing at NE Poole St & Odum St, NI Ida St, and Winchester Ave & Remington Sti intersection as well as street patching at Park Ln, Park Ln Ext, and 461 Marlin Ln. that were included in the agenda Mayor Chris Coats inquired about the noticeable difference in cost between the three contractors. Town Manager Holcomb explained that Patterson and Highland had quoted on a more comprehensive dig out and replacement at Winchester instead ofjust resurfacing,  packet.  Mayor Pro Tem Jerry Beasley suggested taking out patching at Marlin Ln and consider paving it Commissioner Kelvin Gilbert stated that he liked the total quote from Sykes Paving and noted that some oft the price difference could reflect the amount ofequipment that had to be moved  next year along with Whippoorwill.  from job site to. job site.  Motion by Mayor Pro' Tem Jerry Beasley to approve with the exception of Marlin St. Motion failed due  to lack of second.  RESOLVED, to approve entire bid from Sykes Paving.  MOTION BY: Commissioner Kelvin Gilbert, SECOND BY: Commissioner Allen Mosby APPROVED: 4-1; Ayes (4) - Commissioner Kelvin Gilbert, Commissioner Allen Mosby, Commissioner Shirley Allen, Commissioner Marc Powell; Noes (1) - Mayor Pro Tem Jerry Beasley Town Manager Holcomb informed the Board that al budget amendment would need to be prepared for approval at the next meeting as only $72,000 was budgeted for paving this year.  F. Cemetery Plots  Town Manager Nick Holcomb asked the Board for approval on the sale of cemetery lots 125A  and 125B in Section C to) Procoro Tellez. RESOLVED, to approve the two cemetery lot sales.  MOTION BY: Commissioner Allen Mosby, SECOND BY: Commissioner Marc Powell  4    APPROVED: 5-0, unanimously approved  Town Manager Nick Holcomb notified the Board that there were only 9: available lots that remained in the cemetery and recommended that the Town hold between 41 to 61 lots for use in case of any past or future mistakes made ini recording, transferring ori family selling assigned lots.  RESOLVED, to reserve 61 lots. APPROVED: 5-0, unanimously approved  MOTION BY: Commissioner Allen Mosby, SECOND BY: Commissioner Shirley Allen  G. Budget Amendment - Park Improvement Project  Nick Holcomb, Town Manager summarized that thel Board made it clear at the meeting last month that they wanted the multi-purpose hardcourt park project completed. The project went over budget by $7,340 which was taken out oft the Parks and Recreation operating budget Park Improvement Plan line item. The budget amendment would put the monies back in the operating line item to be used for other projects that were listed in the parks report that Mike Collins, Parks  & Recreation Director, submitted in his written department update.  RESOLVED, to approve budget amendment for $7,340 from fund balance tol Park Improvement Plan MOTION: BY: Mayor Pro Tem Jerry Beasley, SECOND BY: Commissioner Allen Mosby  line item.  APPROVED: 5-0, unanimously approved RESOLVED, to take ai five minute recess.  MOTION: BY: Commissioner Allen Mosby, SECOND BY: Commissioner Marc Powell APPROVED: 4-1; Ayes (4) - Mayor Pro-Tem Jerry Beasley, Commissioner Allen Mosby, Commissioner Shirley Allen, Commissioner Marc Powell; Noes (1)- - Commissioner Kelvin Gilbert  Recessed at 8:40 p.m. and reconvened at 8:45 p.m. V.ORDINANCE TO REPAIR OR DEMOLISH  A. 105 E Washington St  Town Manager Nick Holcomb reported that repairs were not completed but that efforts to repair had moved along since May. He asked the Board to allow Ben Dixon to speak on the current status of repairs, and communicated that the matter before them was to grant ai final extension to Ben Dixon explained that he was wrong in his estimation oft time to complete the repairs; but according to. his general contractor, in about three weeks he would be ready to finish up. The County had given instructions on repairs needed to bring up to code and those repairs had been completed and signed off on by the County for the rough-in structurally as well as HVAC, plumbing and electrical. Cabinets, paint and flooring remains to be done. The general consensus of the Board was al lot of work and money had already been put into repairs, sO it would be lamentable to have to demolish. Commissioner Kelvin Gilbert expressed  November 1.  5    that the Board needed to be cautious when granting multiple extensions as it would set precedents RESOLVED, to give extension to November 9 and have Town Manager get bids ready for November 9 MOTION BY: Mayor Pro Tem Jerry Beasley, SECOND BY: Commissioner Allen Mosby  for future cases.  meeting.  APPROVED: 5-0, unanimously approved  B. 166EJay St  Nick Holcomb, Town Manager, relayed that the individual at this address was living in an unsafe environment. A grill was being used tol burn trash, and there had been fires on the front porch. Thej property does not meet minimum housing standards and no efforts have been made to repair. Town Manager Holcomb noted that, if passed, the ordinance would extend demolition to October 22 which would allow resident to gather belongings and look for other housing options. RESOLVED, to give extension to November 9 and have Town Manager get bids ready for November 9 MOTION BY: Mayor Pro Tem Jerry Beasley, SECOND BY: Commissioner, Allen Mosby  meeting.  APPROVED: 5-0, unanimously approved  VI. PUBLIC FORUM  Mayor Chris Coats opened the Public Forum.  Tricia Bristow, Coats Chamber of Commerce Executive, reminded everyone of the BBQ Cook-off plate  sale that would be held at 11:00 a.m. on Saturday, September 16. Mayor Coats closed thel Public Forum after hearing no one else. VII. MANAGER & DEPARTMENT UPDATES A. Review of Financial Statement There were no questions or comments. B. Community Signage Program  The museum had proceeded with signage program. Town Manager Nick Holcomb offered $1,000 toj pay toward the signage based on instructions from the Board at the August meeting. Town Manager Holcomb relayed that the people with the Community Garden idea liked the option of having it at the new. Public Works Shop. They were looking at installing 81 beds next Spring and would like as small pile of compost. They have questioned whether they would need to open a water account or  would the Town be willing to offer the first 2,000 gallons of water for free.  6    Town Manager Holcomb informed thel Board that the engineering and design had been completed for the water project and there were hopes for a November approval sO that advertising for bids could begin in  December.  C. Council Training  Town Manager Nick Holcomb offered the Board an opportunity to take advantage ofa Council Training program instructed by the Mid Carolina Council of Government from 5:00 p.m. to 6:15 p.m. prior to the November 9 meeting on topics included in the agenda packet. Mayor Pro Tem Jerry Beasley expressed that an hour and fifteen minutes was not enough time to cover all the topics and would rather have work sessions scheduled at least every quarter. Commissioner Marc Powell suggested having a list of dates with topics to schedule work sessions  at the next meeting.  VIII. ADJOURN  Mayor Chris Coats called fora a motion to adjourn.  RESOLVED, to adjourn.  MOTION BY: Commissioner Allen Mosby, SECOND BY: Commissioner Shirley Allen  APPROVED: 5-0, unanimously approved Meeting adjourned at 9:14 p.m.  The attached documents ofi reference. are incorporated herewith and are  minutes.  Lt Conniel Lassiter, Town Clerk  Chris Coats, Mayor  2  7