October 10, 2022 (REGULAR MEETING)  Minutes of the regular meeting of the Mayor and Board of Commissioners of the Present: Mayor Sam Bishop, Commissioners Cicely McCulloch, Robert Ball, Jeff Also present: Town Manager Brent Cornelison, Assistant Town Manager and Recreation Director Adam McComb, Town Attorney Raymond Parker and Town Mayor Bishop welcomed everyone and called the meeting to order. He asked Corporal Jessika Cave and Patrolman Matthew Scanniello to lead our Pledge of  Town of Elkin, October 10, 2022, 6:00 p.m. at Town Hall. Eidson (joined meeting by phone) and Will Gwyn.  Clerk Cathie Tilley.  Allegiance. Mayor Bishop:  Reminded everyone we lost Commissioner Tommy Wheeler recently. Had asked the Board to appoint someone to fill this seat. There are 26 months until this term expires. Do not want to wait that long to fill this seat.  Mayor Bishop opened the floor for nominations to fill the vacancy on the Board of Commissioners. Commissioner Gwyn made a motion to nominate. Alvin Hayes to fill the vacant seat. Mayor Bishop asked if there were other nominations; there were none. Mayor Bishop once again asked for other nominations. There were no other nominations. Upon a second by Commissioner McCulloch, the motion was Commissioner McCulloch made a motion to appoint Alvin Hayes to fill the vacant seat by acclamation with a second by Commissioner Gwyn. Mayor Bishop stated that Mr. Hayes had been appointed by acclamation to fill the vacancy on the Board of Commissioners. Town Attorney Raymond Parker administered the oath for the office of town commissioner to Alvin Hayes. Mr. Hayes took his seat on the Board of Commissioners.  unanimously approved.  CONSENT AGENDA  The following items were presented for the consent agenda:  Minutes of September 12, 2022 (Regular Meeting) Tax Releases and Discoveries (included as Exhibit A)  Amended Contract for Audit Services for FY ending 2022 (included as Budget Amendment #2023-5 to Appropriate Grant Monies for NCDEQ Community Water Reduction and Recycling Grant (included as Exhibit Budget Amendment #2023-6 to Appropriate MSD Fund Balance to MSD  Exhibit B) C)  Project Expenditures (included as Exhibit D)    There were no questions regarding the Consent Agenda. Amotion by Commissioner McCulloch to approve the Consent Agenda was seconded by  Commissioner Ball, and was unanimously approved.  SPECIAL RECOGNITION  Town Manager Cornelison had Certificates of Service for: Lieutenant Joey' VanHoy = 15 years of service Aaron Dobbins - 40 years of service  These employees were unable to attend tonight's meeting; therefore, their certificates will be presented at a later time.  PUBLIC COMMENTS  Mayor Bishop opened the Public Comments period and asked for There being no comments, Mayor Bishop closed the Public  anyone wanting to speak to come forward.  Comments period.  MAYOR AND BOARD COMMENTS FOR STAFF  Commissioner Ball:  Toured the Water Plant recently.  Was an eye-opening experience seeing all the duties  these employees carry out.  Commissioner McCulloch: Commissioner Gwyn: Commissioner Hayes:  Welcomed Commissioner Hayes to the Board. I Very impressed with our Pumpkin Festival.  Itis an honor to be here. at the same time. Commissioner Eidson: No comments. Mayor Bishop:  There was a very large crowd at the Pumpkin Festival, especially when you consider all the other county events that were going on  Expressed appreciation to town staff for everything they have done this summer to make all the town events successful and will  be doing with upcoming events.  PUBLIC HEARING  1. Conduct a Public Hearing and Review Rezoning Application for Parcel ID:  4952-14-33-0013 Located on Lake Street (Sarah Harris)  This request is to rezone property located on Lake Street (parcel number 4952-14-33-0013) from LDR Low Density Residential District to Mark Jarvis-Jarvis Kennedy Custom Homes submitted an application on  MDR Medium Density Residential District.  August 22, 2022.  Purchased property across the road last year. Plans to build the same type home on this property.  Page 2of9    Public Hearing was advertised in The Tribune September 29, 2022 and Letters were mailed to adjacent property owners September 22, 2022. Planning Board reviewed the request September 26, 2022. Application is consistent with all of the objectives and policies for growth and development contained in the Town of Elkin Land This will help address the town's housing needs. Planning Board recommends approval of this request. This is a legislative hearing, and anyone may speak. Mayor Bishop opened the Public Hearing for comments.  October 6, 2022.  Use Plan.  Anyone speaking needs to state their name and address for the He asked if anyone was in attendance to speak in favor of or There being no comments, Mayor Bishop closed the Public Mayor Bishop asked for consideration of the Town Council Action Required sheet. Commissioner McCulloch made a motion to approve the statement that this application is fully consistent with all oft the objectives and policies for growth and development contained in the Town of Elkin Land Use Plan. There were no questions. Upon a second by Commissioner Gwyn, the motion was unanimously approved. Commissioner McCulloch made a motion to approve the statement that the application is both reasonable and in the public interest. There were no questions. Upon a second by Commissioner Ball, the motion was unanimously approved. Thus, the Town Council Action Required sheet Commissioner Ball made a motion to approve an Ordinance Amending the Zoning Ordinance of the Town of Elkin, North Carolina and the Official Zoning Map, Elkin, North Carolina. There were no questions. Upon a second by Commissioner Gwyn, the motion was unanimously approved. (Copy of Ordinance may be found in Ordinance Book 5,  record.  against this request. Hearing.  was approved (copy included as Exhibit E).  Pages 2022-10-0119 and 2022-10-0120.)  2. Conduct a Public Hearing and Consider. Approving Proposed Subdivision Text  Amendments (Sarah Harris)  This request is to approve proposed Subdivision Text Amendments to Chapters 4 and 11 of our Unified Development Ordinance (UDO). Staff proposed considering text amendments to our UDO to strike through private streets construction standards and add private drive definition to Chapter 4 Subdivision and Chapter 11 Definitions. We have a citizen who wants to subdivide two acres to build a  residential home.  Per our UDO, private streets (driveways) must be constructed to "North Carolina Division of Highways Minimum Construction Standards for Subdivision Roads" including pavement installation, After reviewing our old ordinance, staff believes we should resort back to the old subdivision ordinance regarding driveways.  drainage and stormwater provisions.  Page 30 of9    The proposed amendment to Chapter 4 Subdivision and Chapter 11  Definitions:  Would define a private drive.  Would not require design standards for a private driveway. Public Hearing was advertised in The Tribune September 22, 2022 and Planning Board reviewed the request September 26, 2022.  Staff recommends this proposed text amendment.  September 29, 2022.  Proposed amendment is consistent with all of the objectives and policies for growth and development contained in the Town of  Elkin Land Use Plan.  Planning Board recommends approval of this proposed text This is a legislative hearing, and anyone may speak. Mayor Bishop opened the Public Hearing for comments.  amendment.  Anyone speaking needs to state their name and address for the He asked if anyone was in attendance to speak in favor of or There being no comments, Mayor Bishop closed the Public Mayor Bishop asked for consideration of the Town Council Action Required sheet. Commissioner McCulloch made a motion to approve the statement that this application is fully consistent with all of the objectives and policies for growth and development contained in the Town of Elkin Land Use Plan. There were no questions. Upon a second by Commissioner Ball, the motion was unanimously approved. Commissioner McCulloch made a motion to approve the statement that the application is both reasonable and in the public interest. There were no questions. Upon a second by Commissioner Gwyn, the motion was unanimously approved. Thus, the Town Council Action Required sheet Commissioner Gwyn made a motion to approve an Ordinance Amending Chapters 4 and 11 Pertaining to Private Drives of the Unified Development Ordinance of the Town of Elkin, North Carolina. There were no questions. Upon a second by Commissioner Ball, the motion was unanimously approved. (Copy of Ordinance may be found in Ordinance Book 5, Pages 2022-10-0121 and 2022-10-0122.)  record.  against this request. Hearing.  was approved (copy included as Exhibit F).  3. Conduct a Public Hearing and Consider Approving Proposed Watershed Text  Amendments (Sarah Harris)  This request is to approve proposed Watershed Text Amendments to Chapter 5 of our Unified Development Ordinance (UDO). Staff proposed considering text amendments to our UDO regarding the dimensional requirements of WS-II BW(O) Watershed-Balance of Watershed (Overlay) in Chapter 5 Environmental Protection. Staff was approached by Foothills Surveying about a proposed There is currently one large parcel with four homes. Mr. James Hayes wants to subdivide each house with its own lot.  subdivision on Oak Grove Road.  Page 4 of9    Each lot must meet a minimum of one acre lot because the This proposed text amendment follows the state model ordinance and will allow development of up to twelve percent (12%) instead Proposed amendment will give more flexibility, especially to preexisting Public Hearing was advertised in The Tribune September 22, 2022 and Planning Board reviewed the request September 26, 2022.  property is located in the watershed. This is impossible with this site.  of having to meet the minimum one-acre lot. homes sO variances will not have to be issued. Staff recommends this proposed text amendment.  September 29, 2022.  Proposed amendment is consistent with all of the objectives and policies for growth and development contained in the Town of Planning Board recommends approval of the proposed text amendment to the dimensional requirements of WS-II BW(O) Watershned-Balance of Watershed (Overlay) in Chapter 5 Environmental Protection. This is a legislative hearing, and anyone may speak. Mayor Bishop opened the Public Hearing for comments.  Elkin Land Use Plan.  Anyone speaking needs to state their name and address for the He asked if anyone was in attendance to speak in favor of or There being no comments, Mayor Bishop closed the Public Mayor Bishop asked for consideration of the Town Council Action Required sheet. Commissioner McCulloch made a motion to approve the statement that this application is fully consistent with all of the objectives and policies for growth and development contained in the Town of Elkin Land Use Plan. Following additional discussion, there was a second by Commissioner Gwyn. The motion was unanimously approved. Commissioner McCulloch made a motion to approve the statement that the application is both reasonable and in the public interest. There were no questions. Upon a second by Commissioner Ball, the motion was unanimously approved. Thus, the Town Council Action Required sheet was approved (copy included as Exhibit G). Commissioner Ball made a motion to approve an Ordinance Amending the Dimensional Requirements of WS-IIB(O) in Chapter 5 of the Unified Development Ordinance of the Town of Elkin, North Carolina. There were no questions. Upon a second by Commissioner McCulloch, the motion was unanimously approved. (Copy of Ordinance may be found inc Ordinance Book 5, Pages 2022-10-0123 and 2022-10-0124.)  record.  against this request. Hearing.  This concluded the public hearings. REGULAR MEETING  1. Receive an ABC Board Update (Chair Robin Turner)  Mentioned the ABC Board members and introduced those in  attendance.  Page 5 of9    Named the employees of the ABC Store and explained the importance  of their characteristics. New store opened November 2016. construction and debt. Since 2019:  Did not provide money to towns for three years due to  Town of Elkin has received $275,000. Town of Jonesville has received $125,000. Does not include 7% of profits given to schools and police each year.  Have added approximately five hundred (500) new bottlesliquors Customer count average for the past two years is 8,200 (compared to Average count for the first year of the new store was 6,500. Many new customers come from adjoining communities and I-77  to the shelves.  5,200 in the last years of the old store).  due to the store's proximity to Wal-Mart. Mixed beverage sales for 2022- - $19, 200. Average in 2016 - $5,335. Gross sales for 2021-2022 was 3.3 million dollars.  For last fiscal year of old store (2015-2016) was 1.4 million Presented list of benefits for not supporting privatization of North Carolina ABC Stores and encouraged both the Town of Elkin and the Town of Jonesville to act immediately against any proposed bills in Reminded everyone the Recreation and Parks Department contracted with Wirth and Associates and Luttman Architecture to prepare a grant application for the Accessibility for Parks (AFP) Grant through the NC During the preparation process for the application, our Recreation and  dollars.  Raleigh if privatization comes back up.  2. Consider, Final Budget and Grant Application for Crater Park (Adam McComb)  Parks and Recreation Trust Fund. Parks Department has:  Held three (3) public meetings. Received letters of support for the project.  Presented the project to multiple civic groups and local boards. This grant is designed to make three new recreation facilities open and Our Recreation and Parks Department, Wirth and Associates and Luttman Architecture are addressing three basic requirements by  accessible to all populations.  proposing:  Aspray ground of approximately 1,000 square feet (concrete and permanent to the space and an update to the playground area). An outdoor game space for "backyard games" (concrete and permanent to the space and an update to the playground area). Each site will have accessible pathways (sidewalks), basic  An update to the playground area. utilities and landscaping.  Page 6 of9    Anew restroom facility to serve the park is also included in this project. Our Recreation and Parks Advisory Board reviewed the project multiple The original conceptual plan has been structured into two phases; if the  times.  grant is approved, the Advisory Board recommends: Proceeding with Phase 1 of the master plan. in the fiscal year 2024 budget.  Considering support of two hundred thousand dollars ($200,000) Presented and discussed copies of the AFP Grant Program 2022 Basic Facts and Assurances, AFP Grant Site Plan, Project Costs and Sources Inorder to move forward with the application, we are requesting the  of Applicant's Matching Funds. Board to consider:  Approving the Crater Park Master Plan.  Committing two hundred thousand dollars ($200,000) in fiscal year 2024 toward the project should it be funded (or one hundred thousand dollars [$100,000] in fiscal years 2024 and 2025). Following discussion, Commissioner McCulloch made a motion to approve the Crater Park Master Plan and to include two hundred thousand dollars ($200,000) in our fiscal year 2024 budget as matching funds for the Accessibility for Parks (AFP) Grant through the NC Parks and Recreation Trust Fund. There were no questions. Upon a second by Commissioner Gwyn, the motion was unanimously approved. (Copies of the AFP Grant Program 2022 Basic Facts and Assurances sheet, AFP Grant Site Plan, Project Costs sheet and Sources ofthe Applicant's Matching Funds sheet are included with these minutes as  Exhibit H).  3. Receive a Report on Additional Grant Funding for Planning, Placement and Pre- construction Needs for a Bridge Over the Big Elkin Creek to the Overmountain  Victory National Historic Trail (Leslie Schlender)  Updated the Board on leveraging projects funded for the Yadkin Valley Heritage Center to secure a grant of fifty-eight thousand dollars ($58,000) from the National Park Service (copy included as Exhibit I). Most of the grant funds will be used for planning, placement and pre- construction needs for a bridge over Big Elkin Creek to the Overmountain Victory National Historic Trail.  4. Consider Approving a Resolution of Support to Apply for the Rural Transformation Grant through the NC Department of Commerce (Laura  Gaylord/Leslie Schlender)  Requesting approval by the Board of the pre-application for a Rural Transformation Grant through the NC Department of Commerce that will benefit the Yadkin Valley Heritage and Trails Center Community Grant will cover expenses for improvements to the Heritage Center  Expansion project.  grounds and a nearby parking lot. ) Improvements include:  Two amphitheaters. restrooms.  Reconstruction of a shed into a concession stand and  Page 70 of9    Parking lot on Front Street for event parking.  This will help with our goal of connecting the riverfront with downtown. Following presentation, Commissioner McCulloch made a motion to approve a Town of Elkin Resolution Application for North Carolina Department of Commerce Rural Transformation Grant Fund Rural Engagement and Investment Program Yadkin Valley Heritage and Trails Center Community Expansion Project. There were no questions. Upon asecond by Commissioner Gwyn, the motion was unanimously approved. (Copy of Resolution may be found in Resolution Book 4,  Page 2022-10-0279.)  COMMISSIONS AND BOARDS  Minutes included in agenda packet:  Recreation and Parks Advisory Board - August 25, 2022  OTHER BUSINESS:  There was some discussion regarding flood insurance. int the National Insurance Flood Plan. topics for our retreat.  Mayor Bishop requested an update on property owners involved Town Manager Cornelison suggested this as one of the  MANAGER UPDATES  Updates given on the following: Water Committee:  Discussed ARPA Funds Will prioritize a list of projects  List will come to Board of Commissioners for decision on how to spend these funds County received funds to help pay utility bills Kelly (Hembree) is providing information to our water customers who are behind on their water bills County has been paying the entire amount owed Contacted Ricky White with Garanco, Inc. for assistance with planning and cost estimate for a building behind the  Water Fund:  Fire Station:  former Rite Aid building. Town Clerk/Tax Collector's Position  Advertising to fill this position has begun Hope to have replacement in November or December  Mayor Bishop said the Board needed to go into closed session pursuant to GS143-318.110)5) and (6) instruct the public body's staff the position to be taken by or on behalf of the public body and to consider a personnel matter. Do not expect any action to be taken following the closed session. Upon a motion by Commissioner McCulloch to go into closed session and a second by  Page 8 of9    Commissioner Gwyn, the motion was approved. The Board left open session at The Board returned to open session at 7:05 p.m. There being no further business, Commissioner Hayes made a motion to adjourn. Upon a second by Commissioner Ball, the motion was unanimously approved. The meeting  6:45 p.m.  adjourned at 7:05 p.m.  SamBishopMayor  y  Attest:  Catherine C. Ca  Town Tilley, Di  Page 9 of9