TOWN OF CRAMERTON BOARD OF COMMISSIONERS WILL CAUTHEN, MAYOR DEMETRIOS KOUTSOUPIAS, MAYOR PRO-TEMPORE COMMISSIONER SUSAN NEELEY COMMISSIONER DIXIE ABERNATHY COMMISSIONER RICHARD ATKINSON BOARD OF COMMISSIONERS MEETING THURSDAY, January 7, 2021 @ 6:00 PM prior to the meeting by calling 704-824-4337. ***Zoom Meeting*** Citizens with disabilities requiring special needs should contact Cramerton Town Hall three (3) days *Note 1: Due to the COVID-19 (Coronavirus) State of Emergency and ordered restrictions in North Carolina during the month of. January 2021, this Cramerton BOC meeting will be held via **Note 2: Information for the public to listen via Zoom to this BOC meeting will be posted via the Cramerton "sunshine" email; the Cramerton Facebook Page, the Town Website www.cramerton.org teleconference using the Zoom platform. and on the door of Cramerton Town Hall (155 N. Main St.). AGENDA 1. Call to Order and Determination of Quorum. 2. Invocation and Pledge of Allegiance. 3. Adoption of Agenda for this meeting. 4. Consent Agenda (Action Item): Consider approval of the consent agenda. Note: Ifa any item requires further discussion, it. should be removed from consent and placed appropriately on the agenda. a. Minutes 5. Old Business - December 10, 2020 (pages 3 to 11) a. Agenda Items Requiring a Public Hearing Note 1: This public hearing was tabled from the December 10, 2020 Cramerton BOC meeting. This public hearing will also be entirely held through Zoom. i. Public Hearing - A public hearing to consider the request from NewStyle Communities, Inc. to rezone approximately 13.42 acres off of S. New Hope Road for a single family age restricted development. This rezoning request would allow for 30 single family detached homes and two 6,000 sq. ft. commercial buildings. (pages 12 to 17) 1. Open Public Hearing 2. Staff Comments /D Developer Comments/ BOC Q&A 3. Public Comments 4. Close Public Hearing Note 2: Due to COVID-19, the State of NC is requiring that any municipal government wait at least 24 hours after closing the public hearing to make a decision regarding a public hearing matter. Therefore, in compliance with the State of NC Law, the Cramerton BOC currently plans to make their decision on this public hearing at the January 21, 2021 BOC meeting. 6. Agenda Items NOT Requiring a Public Hearing a. Board of Commissioners C Cramerton Board of Commissioners Vacancy 1. Action Item: Ratify amendment to Rule 38 in the Cramerton BOC Rules of Procedure (per action approved at the December 10, 2020 BOC meeting). (pages to 21) 2. Action Item: Adoption of Cramerton Appointment Policy to Fill Vacancies on the Board of Commissioners. (pages 221 to 24) 3. Additional Action Items: Based on action items listed in legal staff memo, discuss and consider approval of BOC vacancy application documents and process. (pages 25 to3 30) 7. BIG BOARD (pages 31 to 34) 8. Manager's Report (*sent via email) 9. General Staff Reports (as needed) a. COVID-19 (Coronavirus) - Verbal Updates Update from Two Rivers Utilities, Mr. Mike Bynum Additional updatel reports from Department Heads (if needed) 10. Topics of Discussion for Each Commissioners 11.Adjournment Upcoming BOC Meetings Thursday, January 21, 2021 @ 6pm (held via Zoom platform) Thursday, February 4, 2021 @ 6pm (held via Zoom platform) Thursday, February 18, 2021 @ 6pm (held via Zoom platform) Saturday, January 30, 2021 @ 8:30am - 12noon (BOC Goals & Objectives Meeting) 2 STATE OF NORTH CAROLINA COUNTY OF GASTON TOWN OF CRAMERTON December 10, 2020 Thel Board ofCommissioners for the Town of Cramerton met on Thursday, December 10, 2020 at Call to Order and Determination of Quorum. Mayor Cauthen, Commissioner Abernathy, Commissioner Atkinson, Commissioner Neeley, and Commissioner Rice confirmed their attendance for the record. Mayor Cauthen determined there was a quorum. Mayor Pro Tempore Staff Present: David Pugh, Town Manager; Attorney Karen Wolter; Josh Watkins, Planning Invocation and Pledge of Allegiance. Commissioner Neeley provided the invocation and the Adoption of Agenda for this meeting. The Town Manager stated the special called meeting for the presentation of the Lifetime Citizens Award scheduled for tonight at 5:00 p.m. was cancelled. Mayor Cauthen stated the proclamation recognizing David Young will be read into the minutes at al later date. The public hearing to consider the request from NewStyle Communities to rezone approximately 13.42 acres off of South New Hope Road is being requested to be tabled until the January 7th, ,2021 Board meeting. Resolution 2020-05 for the Public Works downtown parking lot can be added under Agenda Items not requiring a Public Hearing. A: motion was made by Mayor Pro Tempore Koutsoupias to adopt the proposed amended agenda. The motion was seconded by Commissioner Rice. Commissioner Abernathy voted yes; Commissioner Atkinson voted yes; and Commissioner Neeley voted yes. The vote was 51 to 01 to approve the proposed agenda. Public Comments: Attorney Wolter read the following email into the record. 6:00 p.m., as a virtual meeting via Zoom. Koutsoupias joined the meeting at 6:06 p.m. Director; Police Chief Adams; and Wilene Cunningham, Town Clerk. pledge of allegiance was given by all. Houston Helms 1361 Berry Mountain Road Cramerton, NC Members of thel Board... My congratulations to Commissioner Rice re: is election victory and upcoming assignment as Gaston County District I'm writing to explicitly express my interest and ambitions of fulfilling Commissioner Rice's term as ToC Board Member. Irecall telling some ofyou, I'dmaket thel Board aware ofmy interests shouldIcontinuet tol FEEL the passion for our town; to contribute at the Board level. Ido feel that passion. In fact, I never lost it. And it's that 'pull to SERVE with all of you that has me writing you tonight. The opportunity to lead our town WITH all of you is an Having been a part of processes to appoint Commissioners in the past, I recognize the Board has options re: this matter. One of not filling Commissioner Rice's seat, or of a search for the best qualified candidate at the BoCs Court. Judge; he'll be fantastic in the seat and for our County. opportunity you don't let pass. Town of Cramerton- - December 10, 2020- - Page 1 3 discretion. I, of course, will respect whatever the BoC wishes. In fact, the call from Wilene into my voice mail -12 years ago when Commissioner Ramsey moved to the School Board, was my initiation to the Board. And there's no doubt in my mind there's al better qualified candidate than myself; sO many of our citizens are well qualified for ther role. It'swhyl Ididn'trun: against Commissioner Atkinson; his] passion for our town was clear/evident But I am ready, experienced, deeply passionate, elected twice previously... and known by all ofyou. I'd appreciate your consideration of my interest. I'd serve with the enthusiasm and partnership you'de expect. And ifIhave an opportunity to sit next to Commissioner Neeley... well, who doesn't want that opportunity. in2 2019. Ilook forwardt to the Board's next steps ini fulfilling Judge-Elect Rice's seat. Sincerely... Houston Work Session a. Action Item: N.C.G.S. 143-318.11()(0) - To consider the qualifications, competence, performance, condition of appointment of a public officer or employee or ii. NCGS 143-318.11(a)(5) To establish, or to instruct the public body's staffo or negotiating agents concerning the position to be taken by or on behalf of the public body in negotiating (i) the price and other material terms ofa contract or proposed contract for the acquisition of real property by purchase, option, exchange, or lease. A motion was made by Commissioner Neeley to enter into closed session at 6:12 p.m. The motion was seconded by Commissioner Rice. Commissioner Abernathy voted yes; Commissioner Atkinson voted yes; and Mayor Pro Tempore Koutsoupias voted yes. The vote was 51 to 0i in favor. Commissioner Abernathy confirmed her attendance; Commissioner Atkinson confirmed his attendance; Mayor Pro Tempore Koutsoupias confirmed his attendance; Commissioner Neeley confirmed her attendance; and Commissioner Rice confirmed his attendance. A: motion was made by Commissioner. Atkinson to return to open session at 7:59 p.m. The motion was seconded by Commissioner Rice. Commissioner Abernathy voted yes; Commissioner Neeley voted yes; and Mayor Pro Tempore Koutsoupias voted yes. The motion was 5 to 0 in favor. Upon return to open session a motion was made by Commissioner Rice to amend the Town Manager's contract to extend his current contract by two calendar years through June 2024. The motion was seconded by Commissioner Neeley. Commissioner Abernathy voted no; Commissioner Atkinson voted yes; and Mayor Pro Tempore Koutsoupias voted no. The vote was 3 to 2 in the affirmative to approve an extension to the Town Manager's two-year contract through. June 2024. prospective public officer or employee. No other action was taken in closed session. Proclamations a. A proclamation for essential workers as Cramerton 2020 Citizens oft the Year. Copy tol be placed in minutes book. Town of Cramerton - December 10, 2020- - Page2 4 b. Aj proclamation for Commissioner Donald Rice on his years ofservice as a Cramerton Commissioner. Mayor Cauthen read the proclamation and a signed copy will be placed AI proclamation recognizing the 2020 Cramerton Citizen Lifetime Award. Mayor Cauthen stated the proclamation to recognize David Young as the 2020 Cramerton int the minutes book. Lifetime Citizen will be read into the record at a later date. Presentations a. FY2019-2020 Audit Presentation by Martin-Starnes. Kelly Gooderham with Martin Starnesjoined thei meeting at 8:23 p.m. and provided an update on the Town'srecent audit. She thanked the Town for selecting their firm and voiced her praises for the staff. The Town's audit has been submitted and accepted by the LGC and a clean unmodified opinion regarding the Town's audit was issued by Martin Starnes. Agenda Items Requiring a Public Hearing a. Public Hearing - A public hearing to consider the request from NewStyle Communities, Inc. to rezone approximately 13.42 acres off of South New Hope Road for a single-family age restricted development. This rezoning request would allow for thirty (30) single-family detached homes and two (2)6 6,000 square feet commercial buildings. Mayor Pro Tempore Koutsoupias made a motion to table the public hearing until the January 7,2021 Board of Commissioners hybrid meeting. The motion was seconded by Commissioner Neeley. Notifications for the public hearing will bej provided aftera action ist taken by thel Board tonight. Attorney Wolter stated this meeting willj probably be held as a Zoom virtual meeting due to continued COVID-19 restrictions and not a hybrid meeting. Mayor Pro Tempore Koutsoupias restated his original motion to table the public hearing until the January 7, 2021 Board of Commissioners meeting. Thei motion was seconded by Commissioner Neeley. Commissioner Abernathy voted yes; Commissioner Neeley voted yes; and Commissioner Rice voted yes. The motion was 5 to Oin favor. Consent Agenda (Action Item): Consider approval of the consent agenda. a. Cramerton BOC Meeting Minutes. A motion was made by Mayor Pro Tempore Koutsoupias to approve the consent agenda. The motion was seconded by Commissioner Rice. Commissioner Abernathy voted yes; Commissioner Atkinson voted yes; and Commissioner Neeley voted yes. The vote was 5 to Oi in favor. Agenda Items NOT! Requiring a Public Hearing a. Planning and Zoning - Cramerton Land Use Plan (LUP) Update 1. Action Item: Consider recommendation from LUP Search Committee for top choice for LUP update firm and to begin contract negotiations. A motion was made by Mayor Pro Tempore Koutsoupias to approve the recommendation from the LUP search committee and to begin contract negotiations with LandDesign. The motion was seconded by Commissioner Rice. Commissioner Abernathy voted yes; Commissioner Atkinson voted yes; and Commissioner Neeley voted Town of Cramerton - December 10, 2020- - Page3 5 yes. The vote was 5 to 0i in favor. Mayor Cauthen thanked everyone who served on this ad hoc committee. ii. Villages at Cramerton Mills (VCM) 1. Action Item: Consider approval of VCM Phase 1E Townhome plat. The Planning Director stated this was the third and final townhome plat for the VCM Phase 1E: section adjacent to the CaroMont facility. This will be the final seventeen (17) townhomes facing Hamrick Road. Staffis recommending approval from the Board for this final plat for these townhomes. Mayor Cauthen asked ift the street names as listed were correct. The Planning Director stated yes these were the street names that were approved for this development. A motion was made by Commissioner Rice to approve the VCM Phase 1ET Townhome plat. The motion was seconded by Commissioner Neeley. Commissioner Abernathy voted yes; Commissioner Atkinson voted yes; and Mayor Pro Tempore Koutsoupias voted yes. The vote was 51 to 0: in favor. b. Public Works iii. Downtown Parking Property 1. Action Item: Consider approval to release bid documents for the parking project upon approval of the lease agreement by the Masonic Lodge. A motion was made by Commissioner Atkinson to move forward to release bid documents for the parking project until approval of the lease agreement by the Masonic Lodge. The motion was seconded by Commissioner Rice. Commissioner Abernathy voted yes; Commissioner, Neeley voted yes; and Mayor Pro Tempore Koutsoupias voted yes. The vote was 51 to 0i in favor. 2. Action Item: Considerapproval to approve Resolution 2020-05. A motion was made by Commissioner Rice to approve Resolution 2020-05 Mini-Brooks Act. The motion was seconded by Commissioner Abernathy. Commissioner Neeley voted yes; Commissioner Atkinson voted yes; and Mayor Pro Tempore Koutsoupias voted yes. The vote was 5 to 0 in favor. iv. Cramerton Road Maintenance Project 2021 1. Financing (loan) options. The Town Manager said several banks have been contacted for possible loan options for the proposed road maintenance project 2. Initial timeline and proposed roads for maintenance. Steps for filing with the Local Government Commission finance department will be done to procure this type of loan. High Street, Eleventh Street, Timberlake area, New Town, Central Park area, and Woodlawn Avenue near Twelfth and Thirteenth Streets are areas 2021. that are being reviewed per corings. Board of Commissioners .B BOC meeting schedule for calendar: year 2021. 1. Action Item: Consider Approval of 2021 Calendar Year Meeting Schedule. Commissioner Abernathy asked about the June 3rd budget meeting. She said she might be out oftown that week. A motion was made Town of Cramerton- - December 10, 2020- - Page 4 6 by Commissioner: Neeley to adopt the proposed 2021 calendar year meeting schedule. The motion was seconded by Commissioner Abernathy. Commissioner Atkinson voted yes; Mayor Pro Tempore Koutsoupias voted yes; and Commissioner Rice voted yes. The motion was 5 to 0: in favor. 1. Action Item: Date and location for 2021 Goals and Objectives Work Session. All board members consented to scheduling the 2021 Goals and Objectives work session meeting for. January 30th. The Town 1. Action Item: Review, discussion, and possible action regarding the proposed location for thel Helix/R sculptureand results ofthepublic feedback survey. The public feedback survey was open from November 6th to November 27th. The Board asked that this project be moved into the investigative stage to determine how it will be installed and the cost points. This information will be presented and discussed at the budget planning process in the spring. Commissioner Abernathy said shej personally was nota al big fan ofthis location but thisi is the power of reaching out to stakeholders. She stated she would support the proposed location and commended the Town Manager for formulation of the public feedback survey SO quickly. Over sixty (60) people responded to the survey and ninety (90) percent oft the citizens liked the proposed location. Commissioner Abernathy consented to thej proposed location of the Helix/R sculpture; Commissioner Atkinson consented; Mayor Pro Tempore Koutsoupias consented; Commissioner Neeley consented; and Commissioner Rice consented. Commissioner Neeley asked the Town Manager if he had received any feedback from Dr. Houchard with Gaston County Schools. The Town Manager said he had spoken to Dr. Houchard and the Helix/R sculpture would not be feasible logistically for their usage. The Town Manager stated that the investigative process would begin and information would be provided 1. Action Item: Discussion of vacancy on Cramerton Board of Commissioners and possible procedure of filling the vacancy. Mayor Cauthen stated a vacancy will not occur until after tonight's meeting adjourns SO no action will be taken at this time. Attorney Wolter advised that the Board's Rules ofProcedure states that the Board shall have no sooner than fourteen (14) days after the date ofresignation or notice of intent to resign and a date certain, and no later than thirty (30) days after the date of resignation the Mayor shall open the floor for nominations to allow debate by the Board for someone to fill the vacancy. Between now and the next Board meeting someone can be suggested for nomination. The Board can also during this time adopt an alternative procedure or extend timelines ifneeded. Commissioner Rice stated his letter of resignation was given to the Town Clerk earlier today ii. 2021 Goals & Objectives Manager stated he would contact Darren Rhodes. iii. Helix/ R Sculpture tot the Board at the upcoming budget process. iv. Cramerton Board of Commissioners Vacancy Town of Cramerton December 10, 2020- - Page 5 7 stating his resignation was effective at the adjournment of tonight's meeting. Commissioner Abernathy shared information regarding how the process worked in 2016 when she filled a vacancy of the Board of Commissioners before she was elected in 2017. She asked if the previous process was already established or was that the process forj just that particular vacancy. Mayor Cauthen stated there have been several processes including formation of an ad hoc committee along with applications and interviews. There is also the possibility ofl having the candidate with the highest vote from the last election being considered. Commissioner Abernathy stated that the process allowed anyone in the Town the opportunity to apply for the vacancy. Commissioner Neeley nominated Houston Helms to replace Commissioner Rice. Commissioner Abernathy asked about the procedure of filling the vacancy was being determined tonight or on January 7th. Attorney Wolter stated the Board could discuss and would need to vote to amend the procedure tonight. Commissioner Abernathy stated she was not sure if our citizens would be aware of this vacancy and the timeline. She stated that Brad Milton contacted her and he was interested in the timeline as to when Commissioner Rice's position would be available. Commissioner Neeley stated that Houston Helms members had received the highest number of votes in the last two (2) elections. The Board discussed implementing a process which would notify citizens of the vacancy and allow for applications and then interviews. Mayor Pro Tempore Koutsoupias made a motion to amend the Board's Rules of Procedures to provide an application process for nominating and selecting a person to fill the vacancy left by Commissioner Rice's resignation similar to the same process that is being used for the Planning and Zoning Board. Commissioner Atkinson seconded the motion. Attorney Wolter stated the motion needs to be changed to amend Rule 38 of the Board's Rules of Procedure and to allow an application process for nominating and selecting a person to fill the vacancy left by Commissioner Rice's resignation. Details will be discussed at the next possible meeting. Attorney Wolter asked if the Board was ready to select the ad hoc committee at tonight's meeting. Mayor Cauthen said he would prefer this be delayed as this process will be somewhat lengthier as the process is different from the current Rules of Procedure. Mayor Cauthen recommended that we decide on the procedure and then decide on the structure of the ad hoc committee at the January 7th Board meeting. Attorney Wolter said all of the Board members will probably want to be part of the candidate interview process instead of just having two (2) Board members as part of the candidate interview process. Mayor Pro Tem Koutsoupias made a motion to amend Rule 38 in the Board's Rule ofProcedure to allow for an application and interview process in selecting a replacement to fill the vacant seat left by Commissioner Rice. Commissioner Atkinson voted yes; Commissioner Neeley voted yes; and Commissioner Rice Town of Cramerton- - December 10, 2020- - Page 6 8 voted yes. The vote was 5 to 0. Further discussion will be held regarding the application process at the. January 7, 2021 Board meeting. Manager's Report: for the near future. COVID-19 (Coronavirus) - Due to stricter rules having been put in place in the last few days from the governor's office iti is being recommended that the Board continue to meet via Zoom The Town Manager stated Donnie Hicks with the EDC has advised him that there continues to be interest from groups regarding the school property owned by the Gaston County School Board at Wilkinson Boulevard and Lakewood Road. Construction continues on the sidewalk in front of the Stuart W. Cramer High School on Lakewood Road near the Duke Power substation and should continue until the end oft the year. Verbal update regarding leaf season pick-up - The Public Works Department should be finishing the leaf pickup on Cramer Mountain and then the route will start over in the Lakewood neighborhood by next week. Discussion was held about the hiring of possible contractors to assist the Public Works Department with leaf pickup. Commissioner Atkinson stated that an email had been received from Trey Helms with the Cramer Mountain HOA about the Town not picking up any leaf piles that were left by private contractors hired by residents and he would like to see a retraction ofthis email. Attorney Wolter: stated the last revision to the code ofordinances included changes to the Town solid waste, leaf collection, including picking up limbs and yard waste left by contractors. Attorney Wolter stated she would review the ordinance. The Town Manager said the definition of tree trimmings does include leaves. A motion was made by Commissioner Atkinson that the Town will pick up any loose-leafpiles placed in the proper area oft the yards and Section 92.032(e) does not refer to loose leaves blown to the curbside for collection. Commissioner Rice seconded the motion. Commissioner Neeley asked for clarification on this action. Attorney Wolter stated any loose-leaf piles plaçed by the curbside will bej picked up by the Town even if a hired contractor provides the service. Commissioner Abernathy voted yes; Commissioner Neeley voted yes; and Mayor. Pro Tempore Koutsoupias voted yes. The vote was 5toOinf favor toi interpret the code to allow Town staff to pick up leaves from contractors. Information will be provided via social media and a Connect-CTY message. Garbage service will be one (1) day early by Waste Management the week of Christmas. General Staff Reports Update from Two Rivers Utilities, Mr. Mike Bynum: A copy of report will be placed Police Department: Chief Adams wished Commissioner Rice the best of luck for his in the minutes book. future endeavors. Fire Department: Chief Foulk had no updates. Finance: The Finance Director was absent. wished him the best for his election as aj judge. Town clerk: No update. Thanked Commissioner Rice for his service to the Town. Attorney: No update. Thanked Commissioner Rice for his service to the Town and Town of Cramerton December 10, 2020- - Page 7 9 Parks and Recreation: Construction has started on the Central Park trails and should take about one(1)totwo (2)weeks. Cleanup continues on Goat Island from the recent flooding. FEMA awarded an additional $50,000.00 for the turf due to the February 2020: flood. He Planning and Zoning: Nothing to: report. Commissioner Neeley asked about the property on South New Hope Road. The Planning Director stated nothing can be done until the offered thanks to Commissioner Rice for his service to the Town. public hearing is held and it is advertised. Topics of Discussion for Each Commissioner: Commissioner Abernathy thanked the Land Use Plan ad hoc committee for the extra time itt took for their service. She wished happy holidays to the entire staff, Town Manager, Town Clerk, and all the hardworking department heads. She thanked Commissioner Rice forl his time he served on the Board and she is excited to see him in his new: role as ajudge. She was honored to work with him and wished him the best. Commissioner Atkinson thanked the Town staff for the Christmas decorations around Town and it looks very festive. He said maybe the lights on the Goat Island Bridge could remain lit throughout the year. He thanked Commissioner Rice for his service and stated he enjoyed working with him. He wished everyone al Merry Christmas and Happy Hanukkah. Mayor Pro Tempore Koutsoupias stated the additional lighting on the Goat Island Bridge and decorations around the Town looks great. He wished everyone a Happy Hannukah and a Merry Christmas. He wished Commissioner Rice all the best and enjoyed working with us and that he would be missed. Commissioner Neeley said she would like to see the lights on Goat Island left on all year. The Town Manager said he and the Parks and Recreation Director would discuss this as a possibility. She said the Community Committee has Santa reading a book each Sunday afternoon through Christmas Eve. She said she would miss Commissioner Rice and he is going to make a great judge. She wished everyone al Happy Hannukah and al Merry Christmas. Mayor Cauthen stated that the re-installation oft the mural on the side oft the fire department could be installed next week depending on the weather. He advised that Jena Goodman will be joining as a Gaston County representative of the South Fork River Health Committee. A phone call is scheduled for tomorrow with the executive director of Centralina COG to determine their possible role to facilitate the meetings. Ani informal introductory meeting will be held of the South Fork River Health Committee in the next week or SO. Cramerton's Planning and Zoning Director along with the Parks and Recreation Director are serving on this board. Mayor Cauthen thanked Commissioner Rice for serving on the Board. Commissioner Rice stated he remembered being part of one of the Town's Citizens Academy. He said he was grateful to everyone that has encouraged him along the way. He said he will continue to stay involved with the Town and volunteer with the Community Committee and the fire department. He reminded everyone that the Santa Ride will be on Saturday December 19th. Town of Cramerton - December 10, 2020- - Page 8 10 Adjournment: A motion was made by Commissioner Rice to adjourn at 9:52 p.m. The motion wass seconded by Commissioner) Neeley. Commissioner. Abernathy voted yes; Mayor ProTempore Koutsoupias voted yes; and Commissioner Atkinson voted yes. The vote was 5 to 0i ini favor. Mayor William Cauthen ATTEST: Wilene Cunningham, Town Clerk Town of Cramerton December 10, 2020- - Pages 9 11 Staff Report Board of Commissioners - Rezoning Request - File #RZ20-01 Applicant: NewStyle Communities, Inc. Property Owner: Roberts Family Properties, LLP Property Location: 3825 S. New Hope Road Parcel ID# 188811 Property Size: Approximately 13.42 acres Current Zoning Classification: B-1 Proposed Zoning Classification: Conditional Zoning (CZ) District Land Use Plan Recommendation: Business Park/Light Industrial NewStyle communities, Inc. has submitted a revised request to rezone approximately 13.42 acres off of S. New Hope Road for ar mixed use development. The initial request for rezoningi included onlya a residential component, consisting of 37 single family age restricted residential units. The revised request for rezoning has a reduced residential component with 30 single family age restricted residential units, but nowi includes 2 6,000 square foot commercial buildings alongt the property fronting S. New Hope Road. Per the Cramerton Future Land Use Plan map, the property lies within an area identified as Business Park/Light Industrial; however, the property is bordered bys single family residential development to the north, and to the east, the Futurel Land Use Plan calls for Planned Mixed Use. NewStyle Communities has developed in Cramerton previously within the Courtyards at Cramerton development on Armstrong Ford Road adjacent to the Timberlake community. Based on the previous development, staff has recommended additional requirements for this proposed community includinga 15ft perimeter buffer outside of the residential lots; the proposed buffer has required minimum planting requirements to ensure a visual screen. Also, on-street parking areas have been shown on the site plan; Finally, at future ROW has been reserved for the widening of S. New Hope Road. This ROW reservation reflects the public hearing maps that NCDOT has made available on their website. Attached youv willi find the rezoning application, site plan, andi future land use map excerpt fory your review. Staff recommends approval of the request with the following conditions: 1. Applicant agrees to annex the parcel into the Town of Cramerton prior to the approval of the 2. Applicant agrees that all single family homes shall use brick, stone, or cementitious siding on all 3. Applicant agrees that a monolithic slab-at-grade may be used for: all homes; all front entrances 4. Applicant agrees that the development willl be age-restricted andl limitedtor residents aged! 55 and on-street parking outside of these areas will not be allowed. preliminary plat. facades. may be at-grade. 5. Setbacks: up per the requirements of the Fair Housing Act (HOPA). Front: 20ft Side: Oft/10ft Side Corner Lot: 10ft 12 Rear: 15ft 6. Zero Side Setback placement to be determined at preliminary plat approval; Each lot shall have one: side setback at Oft, and one side setback at 10ft, and the Oft setback willa always be adjacent 7. Applicant agrees that the commercial portions of the site will be governed by the B-1 standards of the Land Development Code for development standards as well as allowed uses; applicant further agrees that the architectural standards of Section. 5.18 oft thel Land Development Code will 8. Applicant agrees to install a landscaped buffer between the commercial and residential uses shown; such buffer: shall be installed at ar minimum to the standards shown in the buffer planting tot the 10ft setback of the adjacent lot. apply as well. detail shown ont the approved site plan. 13 DocuSign Envelope ID: 3B2FF84A-04A8-4A8-461F-9D38-DEOFB212DB08 fornol, sameton Application for Zoning Map Amendment Property location of area requested for rezoning (Include Gaston County Parcel IDa and Physical Address. Also attach map of the proposed area): 3825 S. New Hope Road Gastonia, NC: 28056; Parcell ID: 188811 Type of rezoning requested: Applicant Name: Applicant Address: Applicant City:. Applicant Telephone: General District Rezoning D Conditional Rezoning NewStyle Communities, Inc 2125 Southend Drive Suite #453 Charlotte 980-298-6817 State: NC Zip Code: 28203 Email: Kely@newstylecommuntes.com Property Owner Name: Roberts Family Properties LLP Property Owner Address: 510 Bridgestone Court Applicant City: Gastonia Applicant Telephone: 704-648-9916 State: NC Zip Code: 28056 Emaitlcacgingbalounne: For General District Rezoning request please provide the current zoning and ther requested zoning designation: Current Zoning District. B-1 Proposed Zoning District CZ Conditional Rezoning Requests must be: accompanied by a site plan, drawn to scale containing all of thei information outlined on page2 of this application. Certification Ihereby acknowledge and: say that the information contained herein and herewith is true and that this application. shall not be scheduled; for official consideration untilo all of the required contents are submitted in properf form to the Town of Cramerton. Planning Department. Iti is understood by the undersigned that while this application will be carefully reviewed and considered, the burdenof proving the needj fort the proposed amendment. rests with the applicant. DocuSignedby: Stuart Koluts 5/15/2020 Date: Signature of Applicant/Owner: Signature of Property Owner Required ifa Conditional. Zoning 14 ueld bujuozeg ON' VoyouRojouwOL peoy edoH MONT les speAnoo us aE/s/I Iva TOKOVRESS CNECF e OI8H3W 0HO QmmTL 15 16 1 E - F 17 BWS Bringewatt, Wolter&Snover: da TO: Board of Commissioners Date: January 7,2021 Good afternoon everyone, RE: FILLING BOARD VACANCY lhope you: all had a great holiday and Iwish youa a happy, healthy 2021. Attached for your review and 1. Proposed Schedule: The initial document is a fairly aggressive schedule within which the Town will advertise the Board Vacancy, accept applications, select applicants for interviews, interview finalists, and a nominate and appoint a candidate. [Action: Discuss and adopt 2. Amendment to Rule 38 oft the Rules of Procedure: The second document is a proposed amendment to Rule 381 to the Board's Rules of Procedure. This document incorporates the process discussed at the December 10 meeting. [Action: Discuss and motion to Adopt] 3. Town of Cramerton Appointment Policy to Fill Vacancies on the Board of Commissioners: The third document sets forth the general statutory authority and rules related to board vacancies; the notice, application, interview, nomination and appointment policy/process; and legal education requirements for an appointee. [Action: discuss and motion to adopt] 4. Application: The fourth document is the application created and utilized in 2017. [Action: 5. Interview Questions For Board Candidates. The fifth document consists of a series of questions for applicants created and utilized in 2017. While titled 'Interview Questions,"it may ber more appropriate to include this as part oft the application and require written responses from applicants (believe to be the process utilized in 2017). [Action: discuss and 6. Affirmation of Eligibility: Created and Utilized in 2017. [Action: discuss and motion to 7. Notice ofl Interview: Proposed text of phone call/email to be delivered to applicants that are selected to interview. (Created and utilized in 2017). [Action: discuss and motion to 8. Letter of Non-Selection: To be delivered to those not selected to interview and those not selected after thei interview (substantially created in 2017). [Action: discuss and motion to 9. Candidate Interview Schedule Form: (Created and utilized in 2017) [Action Required: select consideration are several documents related to the Board vacancy. schedule] discuss and motion to approve). motion to approve). approve.) approve). approve). interview dates; select interview teams] Karen Wolter Managing Partner PO Box 453 704.778.1146 Davidson, NC 28036 Karenebwsnclaw.com 18 FCRANE TOWN OF CRAMERTON EST. 1915 Manager Memo AROV TO: Town of Cramerton Board of Commissioners FROM: Karen Wolter, Town Attorney & David Pugh, Town Manager RE: Cramerton Board of Commissioners Vacancy: Proposed Schedule DATE: January 7,2021 1. January 8, 2021 through January 22, 2020: The Board vacancy shall be posted on Cramerton's website and distributed throughout Cramerton" social media platforms (Can also publish in Gaston Gazette if desired by Board). Note: All applications will be provided to the Board via email as available. In addition, Board. shall receive a package of all applications timely received on January 23, 2021. *Note: May want to invite applicants to Goals and Objectives meeting scheduled 2. February 4, 2021 Regular Meeting of the Board: Board to consider applications and select candidates for Interviews. Board shall determine Interview dates. 3. Week of February 8, 2021: The BOC will meet in groups of two plus Mayor to 4. February 18, 2021 (Regular Meeting of BOC): The full BOC will present nominations, consider and vote for to appoint a candidate to fill the Board for Saturday, January 30, 2021. Final candidates will be scheduled fori interviews. interview final candidates. vacancy. 155 North Main St., Cramerton, North Carolina 28032 Phone: 704-824-4337 Fax: 704-824-8943 19 PROPOSED AMENDMENT TO RULE 38 OF THE RULES OF PROCEDURE Rule 38. Appointments a. Appointments in Open Session. The Board must consider and make any appointment to another body or, in the event of a vacancy on the Board, to its own membership in open Nominating and Voting Procedure to fill Vacancy on Board of Commissioners. The Board shall use the following procedure to fill a vacancy on the Board itself. The Board shall adopt a Town of Cramerton Appointment Policy to Fill Vacancies on the Board of Commissioners. This appointment policy shall include notice tot the public oft they vacancy, an application to be submitted by those interested in filling the vacancy, and an opportunity for Board members to interview applicants. No more than thirty (30) days after applicant intèrviews are complete, at a special or regular meeting of the Board, the Mayor shall open the floor for nominations, whereupon Board members may put forward and debate nominees. When debate ends, the mayor shall call for a Board member to make à motion to nominate an individual to fill the vacancy. After debate, the Board shall vote on the Motion. Ifthe Motion passes, the vacancy is filled. Ifit fails, the floor is then open to a new motion. The process Nominating and' Voting Procedure to Fill Vacancy on other Bodies. The Board shall use the following procedure to fill a vacancy on any other body over which it has the power of i. Appointments to Other Bodies. The Board shall direct town staff to notify the general public and prepare and provide application forms tot those citizens interested ins serving on town boards and committees. Completedapications shall be provided tot the Board for review and consideration. Ar member shall thereafter move that the Board appoint an individual, and, following debate, the Board may vote on the motion. Ifthe motion passes, the seat is filled. Ifitf fails, the floor is then open toa ii. Appointments to the ABC Board and the Planning Board. Nol less than 90 days prior tot the expiration of an ABC or planning board member's term, the Board shall establish a nominating committee consisting of the Mayor and two commissioners. The nominating committee shall review and evaluate applicants pursuant to Board approved procedures. After review and evaluation, the nominating committee shall be called upon to make its report and recommendations, if any, to the full Board. The Mayor shall then open the floor for nominations, whereupon Board members may put forward and debate nominees. When debate ends, the Mayor shall call the role of the members, and each member shall cast a vote for his or her preferred nominee. The voting shall continue until a nominee receives a majority of votes cast session. shall continue until a motion passes. appointment. new motion. during a single balloting. d. Mayor. The mayor may not make nominations or vote on appointments under this rule. 155) North Main St., Cramerton, North Carolina 28032 Phone: 704-824-4337 Fax: 704-824-8943 20 e. Multiple Appointments. Ift the Boardisf filling moret than one vacancy,eachmember: shall have as many votes in each balloting as there are slots to bei filled, and the votes of a majority of the total number of members voting shall be required for each appointment. No member may cast more than one vote for the same candidate for the same vacancy during a single Duty to Vote. It is the duty of each member to vote for as many appointees as there are appointments tol ber made, but failure to do sO shall not invalidate a member's ballot. Vote by' Written Ballot. The Board may vote on proposed appointment by written ballot in balloting. accordance with Rule 27. 155 North Main St., Cramerton, North Carolina 28032 Phone: 704-824-4337 Fax: 704-824-8943 21 TOWN OF CRAMERTON APPOINTMENT POLICY TO FILL VACANCIES ON THE BOARD OF COMMISSIONERS SECTIONI:SCOPE Pursuant to NCGS 160A-63, the Board of Commissioners of the Town of Cramerton shall fill Pursuant to Rule 38(b) of the Town of Cramerton Board of Commissioners Rules of Procedure, the Town Board will accept applications, interview, nominate and appoint a qualified applicant to This Policy serves to provide procedures for the application, interview, nomination, and appointment of citizens interested in serving on the Board of Commissioners for the Town of vacancies on the Cramerton Board of Commissioners by Appointment. fill the vacancy. Cramerton int the event of a vacancy. SECTIONI TERMTOBE SERVED Any person appointed tot fill a vacancy on the Boardofo Commissioners shall serve fort the period oftime designated by state law (NCGSS 160A-63): Ifthe term oft the vacant seat expires immediately following the next regular city election, prift the next regular city election will be held within 90 days after the vacancy occurs, the person appointed toi fill the vacancy shall serve the remainder of the unexpired term. B. Otherwise, a successor shall be elected at the next regularly scheduled city election that is heldmore than 90 days after the vacancy occurs, and the person appointed tofillthe vacancy shall serve only until the elected successor takes office. The elected successor shall then serve the remainder of the unexpired term. SECTION II: GENERAL: PLEASE BE. AWARE THAT ALL DOCUMENTATION SUBMITTED TO THE TOWN OF A. RESIDENCY: No person shall be eligible to apply unless he/she is a resident of the Town of B. PUBLIC NOTICE OF VACANCY: Public notice oft the vacancy and instructions regarding the application, nomination and appointment process shall be posted on the Town Website and social media platforms for a period not less than [two weeks] prior to the regularly scheduled Board of Commissioners meeting at which the Board shall select interview candidates from C.S SUBMISSION OF CANDIDACY IN WRITING: Interested citizens must submit his/her candidacy by filing an Application with the Town Clerk no later than 10 days prior to the Consideration Meeting in order to be considered. The application is available at the Town CRAMERTON IS CONSIDERED PUBLIC RECORD. Cramerton. applications submitted (the Consideration Meeting"). Clerk's Office or at www.crameron.org. 155 North Main St., Cramerton, North Carolina 28032 Phone: 704-824-4337 Fax: 704-824-8943 22 D. DATE OF NOMINATION: Nominations will be considered at a regular or special meeting of the Board of Commissioners no later than thirty (30) days after the date of thet final candidate interview. SECTION I: NOMINATION PROCEDURE: A. SELECTION PROCESS PLEASE BE AWARE THAT ALL MEETINGS OF THE BOARD OF COMMISSIONERS AT WHICH THE QUALIFICATIONS OF ACANDIDATE AND THE APPOINTMENT OR NON- APPOINTMENT OF A CANDIDATE IS DELIBERATED WILL BE OPEN TO THE PUBLIC. 1. All applicants interested in serving willl be reviewed and evaluated by the Board of 2. Ina addition to that information included int the application, the Board of Commissioners Commissioners. may request from applicants and consider the following: a. Professional and character references; b. - Experience and education; of Commissioners. Prior volunteer service with the Town, another public agency or nonprofit; d. Other information deemed relevant and necessary at the discretion oft the Board 3. The Board of Commissioners, by majority vote, shall select qualified candidates for 4. Each Commissioner shall have the opportunity to interview selected candidates pursuant interviews at the Consideration Meeting. toa aschedule agreed upon by the Board. 5. The Board of Commissioners reserves the right to seek additional information, conduct additional interviews, to amend, extend or expedite the nomination process at its sole 6. At the earlier ofa a special meeting called by the Board or the regular meeting of the Board scheduled nol later than 30 days after the final candidate interview, the Board shall The Mayor shall open the floor for nominations, whereupon Board members may put forward and debate nominees. When debate ends, the mayor shall call for a Board member to make a motion to nominate an individual to fill the vacancy. After debate, the Board shall vote on the Motion. Ift the Motion passes, the vacancy is filled. Ifitf fails, the floor is then open to a new motion. The process shall continue until a motion passes. discretion. comply with thet following procedure for final appointment: C. NOTIFICATION 1551 North Main St., Cramerton, North Carolina 28032 Phone: 704-824-4337 Fax: 704-824-8943 23 Applicants will be notified by the Mayor of his/her appointment or non-appointment within 24 hours of the vote of the Board of Commissioners. D. SWEARING IN Applicants who have been appointed must be sworn in at the next scheduled Board meeting. The person nominated to fill a vacancy on the Board of Commissioners of the Town of Cramerton will be required to complete mandatory ethics training and will be encouraged to participate in town board education seminars offered by the University of North Carolina School E. REQUIRED ETHICS AND BOARD TRAINING of Government. SECTION IV: AMENDMENT PROCEDURE This Policy may, from time to time, be amended by a majority vote of the Board of Commissioners. SECTION V: EFFECTIVE DATE atar regularly scheduled Board meeting. This Policy shall take effect immediately following a majority vote of the Board of Commissioners 155 North Main St., Cramerton, North Carolina 28032 Phone: 704-824-4337 Fax: 704-824-8943 24 A FOR OFFICE USE ONLY Registeredt to Date Time VoteinG Gaston Received Date County Interviewed Appointed Application for Appointment to Board of Commissioners Name: Address:. Phone number: (Home). Current] Employer_ Job Title:. E-mail Address: (Work). (Cell) Yearsi in Current] Position_ Fax_ Describe your current position and duties Othera associated employment! history Do your reside withint thet town) limitso ofCramerton? Yes_ No Are your registeredt toy votei in Gaston County? Education: High School Post Graduate_ Why doy you want tos serve ont the) Board? Length of Residency. No Yes_ College_ Other_ Why do you think you would be an: asset tot this) Board? What doy yout think the role ofa Cramerton! Board Member is?_ Have you: attended: a Cramerton' Town) Board meeting? Yes_ Interests/ Skills/ Areas ofI Expertise:. Comments:, No_ 155 North Main St., Cramerton, North Carolina 28032 Phone: 704-824-4337 Fax: 704-824-8943 25 INTERVIEW QUESTIONS FOR BOARD CANDIDATES Attendance - Your input and voting oni issues is extremely important at meetings. Have you, the candidate, had a chance to review our meeting dates (especially budget sessions) to note amount oft time commitment? Budget - Have you had the opportunity to review the town's budget, andi ifso, what areas did you feel might be spent more wisely? What is your vision for the town of Cramerton? In what direction would you like to see it go in the next 5 to 10 years? What life experiences (work or personal) have you had that would contribute to your role a Cramerton Commissioner? What do you consider your management style, reactive or proactive? What do: you see as a citizen outside looking in as priority needs for the Town? What are your feelings in regards to Public Safety in Cramerion? Do you feel that the Town Board should control how people use and control property? What qualities do you feel a "excellent" Board Member should possess? 1551 North Main St., Cramerton, North Carolina 28032 Phone: 704-824-4337 Fax: 704-824-8943 26 Affirmation of] Eligibility in any jurisdiction? Yes_ Has anyf formal charge of professional misconduct, criminal misdemeanor or felony ever been filed against you Aret there any conflict ofi interest or other matter(s) thaty would create problems or prevent you from fairly and Arej you currently serving on: any Board Commision/Commitee or similar groupi ins another municipality or No Ifyes, please explain disposition:, impartially discharging: your duties asa ar member oft thel Board? Yes No_ Ifyes, please explain_ County? Yes_ No_ Local Government Date Appointed. Board/Commission/Committee Terml Expiration, Doy you haves any prior experience with Local Government or aj public agency? Yes_ No_ Doy you currently hold any elected office? Yes_ No_ Ifyes, please specify what office andi its term. Ifyes, please explain_ Iuderstand this application is public record and. I cerlify that the facts contained in this Iunderstand. that Imust be 21, reside in the Town of Cramerton, must be registered to vote in Gaston County, North Carolina, and not be otherwise constitutionally disqualifiedto! bee eligible Iunderstand that regular attendance at Board meetings is essential to conscientious representation ofthe residents ofthe Town of Cramerton, and that shouldIbe appointed tot the Town Board, Iwilll be responsible, for representing the best interest oft the residents ofthe Town Iunderstand that should Ibe appointed to the. Board, full disclosure of conflicis ofi interest and potential fnancial gainy from any matter brought before the Board must take place prior to any discussion or vote, and that when deemed appropriate, I must recuse myself from discussion application are true and correct to thel best ofn my knowledge. tob bes appointedtof fill this Boards seat. ofCramerton. and action taken by the Board. Signâture: Date_ Please attachs ar resume with information pertinent to: appointment and return to: Town of Cramerton Attn: Town) Manager 1551 North Main Street Cramerton, NC2 28032 Phone: (704) 824-4337 Fax: (704)824-8943 2 27 Proposed NOTICE OF INTERVIEW (Telephone Call) Interview Candidates: Opening and Narrative Hello [candidate's name]. This is [Name!] The Board of Commissioners met last night to discuss the application to the Board Vacancy. The Board was very pleased to receive your application and would like to invite you to participate in interviews on [datel There will be interviews with Commissioners in the morning and then again with different commissioners in the afternoon. The interviews will be unstructured and last approximately 20 minutes each. 155 North Main St., Cramerton, North Carolina 28032 Phone: 704-824-4337 Fax: 704-824-8943 28 Proposed Notice of Non-Selection OFFICE OF THE MAYOR OF CRAMERTON [Date] Name Address City,State, Zip VIA EMAILTO: Dear On behalf of the Cramerton Board of Commissioners, Iwould like to thank you for the time you dedicated to the BOC vacancy application and process. Such dedication of your time and effort isr reflected by your service tot the Town of Cramerton. You have already shown(insert individual service accolades of1-2s sentences After careful consideration, the Cramerton Board of Commissioners has reached a consensus to select another candidate to fill the board vacancy. (or: After careful consideration, the Cramerton Board of Commissioners has reached a consensus to move forward with other candidates for final consideration to fill the board vacancy.) Due to the number of very qualified candidates, the Board did not arrive at this difficult decision lightly, and considers all applicants to be well qualified. The Cramerton BOC is set to take official action at the regular meeting of the board schedule February 18, 2021 to fill this vacancy on the Board. Again, the Board thanks you for applying and greatly appreciates your past, current, and continued service and dedication to the Town of Cramerton! Thank you, Will Cauthen, Mayor Town of Cramerton, NC 1551 North Main St., Cramerton, North Carolina 28032 Phone: 704-824-4337 Fax: 704-824-8943 29 Cramerton BOCV Vacancy: Candidate Interview Time Slots Date: TBD Morning Time Slotsw/[2 Commissioners TBD] Slot # Slot 1 Slot 2 Slot 3 Slot 4 Slot5 5 Start 9am 9:30am 10am 10:30am 11am Finish 9:20am 9:50am 10:20am 10:50am 11:20am Candidate Afternoon Time Slots w/I2 Commissioners TBD] Slot # Slot 1 Slot 2 Slot 3 Slot 4 Slot 5 Start 1pm 1:30pm 2pm 2:30pm 3pm Finish 1:20pm 1:50pm 2:20pm 2:50pm 3:20pm Candidate 155 North Main St., Cramerton, North Carolina 28032 Phone: 704-824-4337 Fax: 704-824-8943 30 V N I : 5 : 0 0 31 C a a 00 8 5 : C 32 00 E : 5 D E O 0 9 lB 33 00 E I S D lB 34