TOWN OF CRAMERTON BOARD OF COMMISSIONERS WILL CAUTHEN, MAYOR DEMETRIOS KOUTSOUPIAS, MAYOR PRO-TEMPORE COMMISSIONER HOUSTON HELMS - COMMISSIONER SUSAN NEELEY COMMISSIONER DONALD RICE-COMMISSIONER DIXIE ABERNATHY BOARD OF COMMISSIONERS MEETING TUESDAY, February 5, 2019 @ 6:00 PM G.M. MICHAEL COMMISSION CHAMBER prior to the meeting by calling 704-824-4337. Citizens with disabilities requiring special needs should contact Cramerton Town Hall three (3) days AGENDA *6:00pm - 6:55pm Work Session* 3. Work Session Items 1. Call to Order and Determination of Quorum. 2. Adoption of Agenda for this meeting. a. Presentation on historical background of the Villages at Cramerton Mills (VCM) Development. (pages 3t to 12) (Attachment. A, B and C - pages 13t to i. [N.C.G.S. 143-318.11(a)/(3)1 Consult with the attorney to protect the 23) b. Closed Session attorney-client privilege. [5-10 minute RECESS] **7:00pm Reconvene Meeting** 2. Public Comment 1. Invocation and Pledge of Allegiance Anyone may speak on any issue. Ify you are here to speak at a public hearing, please wait until the public hearing has been opened on that particular item. Before speaking, please state your name & address. Please limit comments to 3 minutes. a. AProclamation recognizing February as Black History Month in the Town of 3. Proclamation Cramerton. (page 24) 4. Consent Agenda (Action Item): Consider approval of the consent agenda. Note: Ifany items requires further discussion, it should be removed from consent and placed a. January 10, 2019 BOC meeting minutes. (pages 25 to32) appropriately on the agenda. 5. Agenda Items NOT Requiring a Public Hearing a. Planning & Zoning i. MT Land (Overlook at Riverside Development) (pages 33 to 42) 1 1. Action Item: Consider approval of MT Land preliminary plat Note: The location is in Cramerton's Extra Territorial Jurisdiction (ETJ). b. Villages at Cramerton Mills (VCM) Development C Continue discussion (if necessary) from 6pm portion of the meeting. Board of Commissioners Business - Fiscal Year (FY) Budget 2019-2020 1. Action Item: Consider setting the FY 2019-2020 budget work session on either Tuesday, March 26 OR Wednesday, March 1. Action Item: Resolution 2019-08-AResolution Designating Gaston County Historical Preservation Commission as Historic Preservation Commission for the Town of Cramerton (pages 43 27 from 8:30am to 4pm. ii. Gaston County Historic Preservation Commission to49) 6. BIG BOARD (pages 50 to 53) 7. Manager's Report 8. General Staff Reports (as needed) Update from Two Rivers Utilities, Mr. Mike Bynum A Additional updatel reports from Department Heads (if needed) 9. Topics of Discussion for Each Commissioner 10.Adjournment Thursday, February 21 @ 6pm : Thursday, March 21 @ 6pm Upcoming BOC Meetings Thursday, March 7 @ 6pm Thursday, April 4 @ 6pm 2 2 8 6 L E a I € @ - 9 I - f E 3 0 0 6 on 3 2 S E I E @ > - & e A A 4 E % o a U = O 4 2 o A E U E 8 - 3 S 0 s 3 C 3 t a 9 : € 8 e o o6 6 : B a e 5 A A A A à A 5 E E 3 I A O 8 - 6 E C 5 0 - 6 5 - a a E 3 a or B of L O t E E ôf 8 : La de à 0 I 1 D I DE on & 2 5 - a Da @ 6 I U C a A A A A 8 7 0 E a 8 S o on 3 of ft 8 8 f 0 5 E & e 5 a Dr A e V o o O - 9 0 A A A E5 de 9 - I - 0 2 - 5 e 5 0 5 B C S 0 o O - E o L 8 E 0 : E 00 a E de 5 4ft ôft 9 E 88 & BE a A A A A E - a A 10 & L @ 5 e % 8 8 o 8 A 8 A 0 A 8 5 a A 6tt 00 A A A 3 8 A 6 A - à a a A O 3 e DA 5 th I 8 A A Qft 8 A o a E à e C 11 0 S I a 6 0 A - 8 2 3 A A X A A 12 ATTACHMENT A CRAMERTON CONDITIONAL USE PERMIT TOWN OF CRAMERTON 155 NORTH MAIN STREET, CRAMERTON, NC 28032 OFFICE (704)824-4337 FAX(704)824.8943 RTW CAROH Application Number: 10-cu-002 Applicant Requests: xConditional Use Permit Property Address: Not Currently Addressed Tax Map Number: 210313 Size of Property Area: 82 acres +)- Base Zoning: TND Application Date: 05-03-2010 Rezoning Overlay: TND-CU Applicant/F Property Name: Amicus Engineering Ownerinformation Address: 7714 Matthews - Mint Hill Rd, City: Charlotte, NC Telephone: 704-573-1621 development features, Brief Description of Mixed Use Traditional Neighborhood Development that Proposed Use/Activity includes high performance buildings and low impact Plan Information: Fee Paid: Plan set dated May 2010 "Conditions attached $400.00 CUD Applicant Certification + $400 Map Change ,the undersigned, certify that the information provided for this approval is true and correct and accurately represents thei improvements intended at the applicant property. Applicant's Signature DIGITAL COPY Zoning Administrator DIGITAL COPY Date 06-17-2010 Approved 06-17-2010 E 13 Villages @ Cramerton Mills Project Summary Project Size: 82 Acres +/- Existing Zoning Classification: R-3/R-4 Proposed Zoning: Proposed Density: Open Space Allocation: Proposed Uses: TND-CUD 6.46 Units Per Acre 37 Acres or 40% of Project Area Village Cottages 103 Garden Cottages 39 Town Homes Bungalows Apartments Flats Garaged Condos 40 Office/Retail Institutional 61 43 224 20 84,000 sqft +- 40,000 sqft +/- 14 Village @ Cramerton Mills conditions established by Cramerton Board of Commissioners 06-17-2010 1. Traffic impact analysis completed and reviewed by Town & NCDOT prior to construction plan review. Any improvements recommended based on the results of the TIA must be incorporated into the construction plans prior to approval. 2. Greenways included in construction plan and completed to Town specifications 3. Decorative lighting installed within project boundaries along Cramer Mountain Road, Hamrick Road and proposed new road that replaces Baltimore Drive. 4. All decorative lighting within project to be approved by the Town and described in 5. Street curb & gutter to be approved by Administrator for consistency with design 6. All building materials to be approved by Administrator for consistency with design prior to final plat approval. construction plans. principles of development type. standards. phase one. 7. 8. Sidewalk to be completed on Cramer Mountain Road during construction of Maintain adequate buffers on golf course lots and Cramer Mountain Road. 9. Alleyways designed to accommodate waste management service and maintained by HOA. 10. HOA created and Town reviews final covenants. 11. Hold planning charrette with residents of the Baltimore Community to review possible concerns and impacts. 12. Post performance bond for infrastructure in each phase. 13. Minimize clearing in each phase to greatest extent possible. 14. Preserve Patterson Drive wall and convert Patterson bridge to pedestrian use. 15. Provide lot options for local qualified builders. 15 The Villages at Cramerton Mills - Development Summary Existing Zoning *R-3,R-4 Proposed Zoning TND-CV Proposed Vses *Office/Retail /Institutional 84,000* +/-C Office/Retail 40,000 +/- Institutional Multi-Family For Rent Apartments- 224 Vnits Flats- 20 Units Condos w/ garages-4 40Vnits Single Family "Village Cottages = 103 Vnits *Garden Cottages: 39Vnits Townhomes 611 Units *Bungalows = 431 Vnits Open Space "Total Land Area =8 82-acres Proposed, Green Space: 37-acres Village Parks=1 16-acres +/- Natural, Undisturbed Space=21-acres Percent Green Space=4 40% Community Pavilions-4 4 Ncighborhood" Trails=28miles 02010A Amicus Engineering. PC-7714Mathews Northo Carolina ATC CRAMERTONA MILLST TRADITIONALI NEIGHBORHOOD DEVELOPMENT CHESAPEAKE ÇAPITAL PARTNERS. LLC 16 ATTACHMENT B CRAMERTON CONDITIONAL USE PERMIT APPLICATION TOWN OF CRAMERTON 155 NORTH MAIN STREET, CRAMERTON, NC 28032 OFFICE (704)824-4337 FAX704/8248943 CAROP Application Number: 13-CU-001 Property Address: Hamrick Road- VCM Phase I Tax Map Number: Multiple Size of Property Area: +/-50Acres Current Zoning: R-1 Application Date: 05-01-2013 Applicant Requests: XConditional Use Permit + Rezoning Proposed Zoning: TND Applicant/Property Name: Amicus Group, LLC, Ownerlnformation Address: 331 Coddle Market L Dr, City: Concord, NC Telephone: 704-573-1621 Brief Description of Phase II of Village @ Cramerton Mills - Light Proposed Use/Activity Manufacturing and Multi-Family, Required Information: A Scaled Boundary Survey and Items As Indicated on the Attached Checklist Required Fee: $400,00 CUD Applicant Certification $400 Map Change ,the undersigned, certify that the information provided with this application is true and correct and accurately represents the improvements intended at the applicant property. Applicant's Signature Zoning Administrator Date Date Reçeived 05-01-2013 a 17 PLANNING DIVISION Staff Report Project: Villages @ Cramerton Mills TND Phase II Control Number: 13-CU-001 Report Date: Report Subject: Submitted By: May 22d 2013 Staff Comments and Summary S,G. Baucom Background Comments The purposes of TND districts are to allow for fully integrated, pedestrian friendly mixed use developments, Adapting early 1900's development practices and based on the following design principles: Neighborhoods have identifiable centers and edges, Lots are readily accessible (in walking distance) to retail and recreational uses. Uses and housing types are mixed and in close proximity, Streets are interconnected and blocks are small, Civic and Public buildings are given prominent sites throughout the development Job centers and light manufacturing for walk to work sustainability, Project Summary Project Size: 50 Acres +1- R-1 TND-CUD 3,4 Units Per Acre 21 Acres or 41% of Project Area Village Cottages Garden Cottages Town Homes Courtyard Cottages 37 Total Residential: 160 Units Light Manufacturing: 168,500 sqft +/- Existing Zoning Classification: Proposed Zoning: Proposed Density: Open Space Allocation: Proposed Uses: 44 27 52 ProjectLocation 18 The site consist of multiple Gaston County property tax parcel numbers toataling 50 +/- acres located to the Southeast of Cramer Mountain Road between Hamrick Road and the rear property lines of Lineberger Place extending Southeast to the North of properties off Steep Hill Road. Staff Comments In making a decision on a conditional use permit. L rezoning for a traditional neighborhood development, the Board of Commissioners must find that, A. The use will not materially endanger the public health or safety if located where proposed and developed according to plan; and B, The use meets all required conditions and specifications; and C. The use will not substantially injure the value of the adjoining or abutting property D, The location and character of the use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located and will be in conformity with the plans for the physical development of unless the use is a public necessity; and the Town as adopted by the Town Board. In addition to the above findings, the Board of Commissioners must find that the proposed TND substantially meets the guiding principles for TND's as set forth in Section 12.4 (B) of the Land Development Code, Staff Recommendations Proposed conditions for project approval; 1, Traffic impact analysis completed and reviewed by Town & NCDOT prior to construction plan review, Any improvements recommended based on the results of the TIA must be Greenways included in construction plan and completed to Town specifications prior to Decorative lighting shall be installed within project boundaries and along Hamrick Road, 4, All decorative lighting within project to be approved by the Town and described in incorporated into the construction plans prior to approval. 2. 3, final plat approval. construction plans. 5, Street curb & gutter to be approved by Administrator for consistency with design 6. All building materials to be approved by Administrator for consistency with design principles of development type. standards. 7. 8. 9. Sidewalk to be completed along Hamrick Road to project boundary. Maintain adequate buffers on golf course lots and Hamrick Road. Alleyways designed to accommodate waste management service and maintained by HOA. 19 10. HOA created and Town reviews final covenants. 11. Post performance bond for infrastructure. 12. Minimize clearing to greatest extent possible. Planning Board Recommendation: The Planning Board held a public meeting on 05-21-2013 to review the submitted application and make a recommendation on the project to the Board of Commissioners. The unanimous vote of the Planning Board was to approve the project with following additional conditions. 1. All possibilities for a point of ingresslegress via New Hope Road must be explored to the greatest extent possible and a connection established prior to project completion. Approval shall be contingent upon successful property disposition. Maintain a buffer between the project and Lineberger Place, 2. 3, 4, 5, 6. 7, 8. Greenways to remain open to the public, Developer to comply with any requirements from Two Rivers Utilities regarding water Development agreement prepared and executed with Town of Cramerton per utilities and wastewater services, consoldation/ranster agreement. Restrictions ont truck size and weight on dedicated Town streets. Decorative signage per Town specification and approved by Administrator, 9. Maintain strict adherence to Town of Cramerton Tree Ordinance, 20 The Villages at Cramerton Mills - Phase II DEVELOPMENT SUMMARY Existing. Zoning R-1 Proposed Zoning TND-CV Proposed Vses "Light Manufacturing- - 168,500 +/- "Single Family - 160Units Garden Cottages - 27 Vnits Village Cottages - 44 Units "Courtyard Cottage - 37 Vnits Townhomes - 52 Units *District Energy Plant Open Space Total Land. Area = 50-acres Proposed Green Space = 21-acres Village Parks=1 13.4-acres Natural, Undisturbed: Space-7.8-acres Percent Green Space = 42% Community Center =1 10,000squarel feet +/- *Neighborhood Trails= 2.5 miles C2nsAmiousErgneing.* PC-3310 CoddleN MarketDrive; Suite1 110 -Concord, Northo Carolina THEVILLAGESATO CRAMERTONMILLST PHASEI JUNE2013 21 ATTACHMENT C Staff Report Villages of Cramerton Mills Conditional Use Zoning Amendment - CZ-16-06 The villages of Cramerton Mills property owners have submitted a request to amend the approved zoning district. The request is centered around Phases D and G (these areas were previously Phase IIA, IIB, IIC,IID, IIE, and IIF and Ihave highlighted ont the original site plan included in the supportinginformation) The request is for the following use changes: a) 118,000 sq/ft of Industrial Space for Project Halo b) 88,000 sq/ft, 2-story, Charter School for grades K-8. (Charter schools ARE taxable unlike public schools) This school will be ran by Charter Schools USA tp/www.charterschoolsusa.com, Charter Schools USA (CSUSA), a nationally recognized leader in education management. CSUSA is the first education management company in the nation to receive accreditation through AdvancEd. This designation assures that all schools opened and operated under CSUSA's model will be accredited in the first year of operation. CSUSA manages 77 schools in seven states, serving 65,000+ students. There new schools in North Carolina are in Indian Trail, Kannapolis, Mooresville, and Concord. Mooresville pictured below c) 50,400 sq/ft of Mini storage facilities to serve the residents of VCM and 47,000 sq/ft spec building for "Project Geco". The applicant will be available to discuss this item in greater detail at the meeting. Staff recommend approval of the request and also recommends the following conditions for the development: 2) That Ryan Company (builder) will provide signed affidavit that they will construct the specbuilding for Project HALO within 24 months or sooner after the construction of the Charter School 3) The proposed road off of Hamrick road (labeled School Road on proposed site plan) be constructed with curb and gutter according to the cross section on the following page unless the planning director determines a more appropriate cross section during construction plan review: 1) A capacity assurance letter is required from Two Rivers Utilities 22 IcplE G H IG lp/cl Right-of-Way 0 Rightofwaywidth 0 Backofcurb tobacko ofcurb Streetscape Utility placement, easement (min) 5' Maintenançce: strip (min) Sidewalk (min) Planting Area (min) Travelway Parallel ParkingLane TravelLane General Walkway type Plantingt type Trees spaçing Parking type 69' 41' 2 6' 6' 8.5 12' Sidewalk Treel Lawn 40'o.c.avg Parallel 23 0 CRARD MAYORAL PROCLAMATION IN RECOGNITION OF BLACK HISTORY MONTH FEBRUARY2019 EST. 1915 ARO WHEREAS, much of Cramerton's honor, strength and stature can be attributed to the diversity of cultures and traditions that are celebrated by the residents oft this great town; and WHEREAS, African Americans have played significant roles in the history of economic, cultural, spiritual and political development while working tirelessly to maintain and promote their culture and WHEREAS, in 1976, Black History Month was formally adopted tol honor and affirm the importance of Black History throughout our American experience, and serves to promote cultural enrichment, ethnic pride, and self-esteem by celebrating the lives and achievements of great African Americans; and WHEREAS, Black History Month is a time for all Americans to remember the stories and teachings of those who helped build our nation, took a stance against prejudice tol build lives of dignity and opportunity, advanced the cause ofcivil rights and strengthened families and communities; and WHEREAS, during Black History Month all Americans are encouraged to reflect on past successes and challenges of African Americans and look to the future to continue to improve society sO that wel live up to the ideals of freedom, equality and justice. Now, therefore, the Board of Commissioners oft the Town of Cramerton, proclaims February 2019 as Black History Month and urges all citizens toj join in paying tribute tot the noble struggle of African Americans and encourage appropriate programs and activities that honor the significant contributions African Americans have made to our Town, State and nation. NOW, THEREFORE, AS MAYOR OF THE TOWN OF CRAMERTON, IHEREBY PROCLAIM the Town's recognition oft the month of February in observance of Black History Month. history; and Adopted this 5th day ofFebruary, 2019. Will Cauthen, Mayor ATTEST: SEAL Wilene L. Cunningham, Town Clerk 24 STATE OF NORTH CAROLINA COUNTY OF GASTON TOWN OF CRAMERTON January 10, 2019 The Board of Commissioners for the Towno ofCramerton meti in a workshop session on Thursday, January 10, 2019 at 6:00 p.m., int the G.M. Michael Commission Chamber at the Cramerton Town Board Members present: Mayor Will Cauthen; Mayor Pro'Tem Demetrios Koutsoupias, Commissioners Dixie Abernathy; Houston Helms; Susan Neeley; and Donald Rice were present. Staff Present: David Pugh, Town Manager; Attorney Karen Wolter; Brad Adams, Police Chief; Call to Order and Determination of Quorum: Mayor Cauthen calledthe6:00 p.m. meeting to Adoption of Agenda for this meeting: Mayor Cauthen asked that Mike Bynum withl Two Rivers Utilities be permitted to give his reportfollowing public comment. Mayor Pro Tem Koutsoupias asked that the adjournment follow thèclosed session. A) motion was made by Commissioner Neeley to approve the agenda with the proposed amendments The motion was seconded by Hall. Josh Watkins, Planning Director; and Wilene Cunhingham, Town Clèrk. order and determined there was a quorum. Commissioner Rice andapproved by all. Invocation and Pledge DfAllegiance: Thei the pledge of allegiance wa-givenbyall. by Commissioner Neeley and 6:00 p.m. Work Session: Update BOC RulesofPrgeedure. Attorney Wolter stated it has been a year since their firm began Working with the)Town and she thanked the Board for this opportunity, Discussion was held regarding changes to Chapter 30 of the Code of Ordinances along withpoliçy changes. Attorney Wolter went over some] possible amendments to includel latest state statutes, best board practices, practicalpatliamentay rules, and technology. Chapter 30 can be repealed and* replaced with' a simple ordinance. Attorney Wolter stated a binder would be presented tol Board" members when they are elected that will include the rules of procedure, code Attorney Wolter stated that changing the Board's meeting time to 6:00 p.m. as part of the regular schedule will need to done through a text amendment as part of the ordinance. She advised that by repealing Chapter 30 this would allowi flexibility with changes toj policy. The Board discussed the nomination process for the Planning and Zoning Board and the ABC Board appointments. Discussion was held regarding remote participation by Board members, technology changes, public notices, and additional information regarding public comment that the Board will not be responding during the time of citizen input. The Board discussed written ballots and electronic ballots. Commissioner Rice stated he would work with Attorney Wolter regarding the language ofethics, required and redommended training, along with other information. for appointments to other boards. Town of Cramerton-anuary 10, 2019-pagel 25 Presentation of Traffic Calming Studies at Cimarron Boulevard. Mr. Watkins stated the information presented tonight is the third traffic study completed. The first studies were prior to the installation ofs stop signs at Cimarron Boulevard and Shaggy Bark Court. The average speed has remained about the same. Per the traffic calming policy, the recommendation ofi increased police enforcement would be utilized. Commissioner Neeley asked about the placement oftraffic calming devices. ChiefAdams stated there wasamixed review: from citizens regarding installation oftraffic calming devices for this neighborhood. Commissioner Abernathy commended the police department for the reduction of speed. Discussion was held regarding possible placement of a flashing radar sign. Chief Adams did not recommend a flashing radar sign due to the width of Cimarron Boulevard. Chief Adams stated grant monies werénot received for purchase of solar radar signs. The Board discussed possible options including striping of the roadway. Discussion continued regarding possible placement of a solar/povercradar sign on Timberlake or Chesterfield Drive. Mayor Pro Tem Koutsoupias statedit that since the roads in this neighborhood are scheduled to be paved in the future thenfrestriping could be discussed as an option. Commissioner Rice stated since the natural areasin the median on Gimarron Boulevard do not belong to a property owner or a homcownersesgeiaion, then future possible modifications to the roadway could be considered to make this ai noreçtectyeentywa), 7:00 p.m. Bi-monthly Meeting: Board Members present: Mayor Will Cauthen: Mayor-Pro Tem Demetrios Koutsoupias, Commissioners Dixie. Abernathy; Houston Helms;Susan Neelèy, ànd Donald Rice were present. Staff Present: Dayid Pugh, Town Managèr, Attornéy Karen Wolter; Josh Watkins, Planning Call to Orderand.D-terminatidn of Quorum: Màyor Cauthen called the 7:00 p.m. meeting to Public Comment: Charles Montague, 3222 Grange Court, stated his home is located to a vacant lot that was cleared by a contractor about àyear ago. Currently the site is overgrown and been left derelict. A dumpster is on the property thatist full and the silt fence has collapsed. Hanneke Elemans, 3222 Grangel Court, stated that she and her husband have been patient regarding this matter but would liketo see this vacant lot cleaned up. One tree fell and hit the gutter on their home and they had a dampness in their basement aftert the lot was cleared. She asked thats someone Update from Two Rivers Utilities: Mike Bynum presented his report to the Board. TRU will be moving in amobile press to Eagle Road Wastewater Plant to dewater the biosolids for removal in the next week. TRU has selected Hulsey McCormick and Wallace to provide engineering services for the preparation of a FEMA Hazard Mitigation Grant Application to relocate the Big Lakewood] Pump Station out ofthe 100-year flood plan. Construction continues on the South Fork Phase II Regional Sewer Project. The pump station is under construction. The contractor has completed the tunnel from Lakeview Street toward the pump station and has installed the pipe. Director; Brad Adams, Police Chief,and Wilene Gunningham, Town Clerk. order and determined there wàs a quorum. from the Town please look àt't this lot. Town of Cramerton-January 10, 2019-page 2 26 The contractor will start the bore under the railroad in January. The Courtyards at Cramerton utility construction continues. Sewer lines are being installed in some of the streets and the contractor has begun laying curb and gutter forinstallation ofthe water lines. The watera and sewer lines for the Villages at South Fork havel been completed and the project has been released for final acceptance. The water meter for the model home was installed last week. The report for the improvements to the Baltimore Pump Station have been approved and the agreement with Bowman Development is being executed by the City. Thei improvements for the pump station will be released for construction once the agreement is fully executed. TRU is working with Gaston County for assignment of addresses for the Grove at Peach Orchard and the Haven apartments. Proclamation: A proclamation to honor the life of Martin Luther King, Jr. and recognize Martin Luther King, Jr. Day on January 21, 2019, Arsigned copy oft the proclamation will be placed in the minutes book. Presentation: Cramerton Historical Society - Richard Atkinson. Information was presented to the Board to place a sign on top ofthe brick wall at the Céntennial Center to identify this area. He stated the Historical Societyhas discussed placement of markers at various historical sites. Mr. Atkinson stated discussion had been held) regàrding placement of pavers at the Centennial Center below the Vetèrans Memorial near the brick wall. These pavers would bei ini recognition ioflocaloivilians whohavemadeac contribution to the town. The fountain that was donated" by the, Cramer fàmilycould be-incorporated into the plaza design. Flowers would beplanted totiei in with' the clock tower. Commissioner. Abernathy thanked Mr. Atkinson for using his talents to make Cramerton al better place and she was excited to see the momentum continuing forthis areas Gommissioner Rice said he would like to see the Historical Society working in tandem.with, the future wayfinding project. Mr. Warren Gramer provided ahistory ofthe water fouptain that was donated. The fountain is possibly from,an ancient Corinthian column from Italy. George Tinkham, who served 14 terms as acongressman, and gayèthis fountain to the Cramer's: as agifti in the 1940's. The fountain may be, possible carved limestone and was used as a wellhead and rope marks are still visible wherèwater was being pulled out of the well. The fountain was in the Cramer's garden for about.sixty yéars. Mr. Cramer stated his family would be honored for the town to use it. AGENDA ITEMS NOT REQUIRING A PUBLIC HEARING: Minutes for BOC: Considerapproyal of thei November 15,2018 and December3,2018BOC meeting minutes. Mayor Pro Tem Koutsoupias recommended several amendments to the minutes. The clerk stated she would make the recommended changes. A motion was made by Mayor Pro Tem Koutsoupias to approve the November 15, 2018 and December 3, 2018BOC meeting minutes with the proposed changes. The motion was seconded by Commissionerk Neeley and approved by all. Town of Cramerton-January 10, 2019-page3 27 Finance: Consider approval of the FYE 6/30/18 Audit Contract Extension. The Town Manager stated this wasa al housekeeping item due to delayed receiptofthird-party actuarial reporting by Cavanaugh and McDonald needed to complete a significant portion of the Notes to Financial Statements and the full accrual financial statements. A motion was made by Commissioner Rice to approve the audit contract extension. The motion was: seconded by Commissioner Neeley and approved by all. Planning: Brownfields Grant. Site presentation and public discussion on Brownfields Grant. Mr. Watkins stated he has been working with Withers Ràvenal since November regarding sites. that may have been developed or used-for-dry cleaning or a water treatment plant. Two sites have beeni identified. AI requesthas Been made via soçial media requesting input regarding any sites that would meet the cfiteria. Mr. Watkins'stated that the EPA is currently shut down and this is limiting resources to investigaté sites and gather data. Mayor Cauthen asked that the former. Lakewood golfcôurse bei includedas aj possible site. Traffic Calming. Further-disehssion of traffic calming study results on Cimarron Villages at Cramerton Mills (VGM). Resolution #2019-01 - to close (unused) Public right-of-way Caffish Lâne by requèst of VCM Developers. Mr. Watkins stated this portion of the property whère this right-of-way is loçated is no longer needed by the developer. One home willnéed to maintain access. A motion was made by Mayor Pro Tem Koutsoupias to'approve Resolution #2019-01 and to schedule a public hearing for February 215 The motion was seconded by Commissioner Helms and approved by all. Boulevard. No further updatès. Fire Départment: 2018 NO Office of Statek Fire Marshal Rescue Grant Update. Chief Foulk stated the fire department pursued: a grant for an FC470 inflatable boat that complements their existing fleet, This is a50/50 matching grant for a total of $40,000. The grant would include thej purchase ofa trailer, boat, and motor. The deadline fort the grant application is April 30, 2019. Board of Commissioners Business: BOC Rules of Procedure. Consideradopting BOC Rules of Procedure based on 6:00 p.m. work session discussions. Attorney Wolter stated the current ordinance would: need to be repealed. Different state statutes apply for emergency and special called meetings. Ac quorum oft three board members will be required to be inj physical attendance at thet time ofai regular scheduled board meeting. Town ofCramerton-lanay 10, 2019-page4 28 Resolution 2019-02 - Resolution adopting policy and procedure for personal attendance at BOC Meetings. No action was taken at this time. Additional feedback from the Board will be provided to the attomey and this item will brought back at a later Cramerton Post Office Verbal Update (from Commissioner Helms). Commissioner Helms stated he met with Billy Pruitt at the Belmont Post Office to discuss the cleanliness oft the Cramerton Post Office. Mr. Pruitt stated ai formal request would be needed from the town regarding cleaning up the post office along with an upfit of the locking mechanisms on the postal boxes. A motion was made by Commissiôner Helms requesting the Board take action to provide al letter to the Belmont Postmastér requesting clean up the post office and upfit the locking mechanisms on the postal boxes Commissioner Rice seconded the request. Commissioner Helms stated that the postalcarrièrs: are also having issues with the Waste Management carts being placed too close to the mail boxes. The motion passed by Cramerton High School Championship. Banners (1944 and * 1945). Commissioner Helms requested that the Board consider updâting the Current championship banner and to add ani information plaque. The.Board consehtedtoltiyPurchase of an updated banner and date. unanimous vote. an informational plaque. Board Appointments: Planning and Zoning, Consider, approyal of Planning and Zoning Board appointments. Considerreppointing Bradi Milton tofullyoting member. Amotion was made by Commissioner/Neeleyl toi reappoint Brad Milton for ai three-year term ending February 21, 2022, to,s serve as, a full voting member. The motion was seconded by Community Committee: Consider approval of Community Committee Board Commissioner, Rice ànd approvéd byall. Appointments. Consider appointing Zachary Hooper from an alternate member to a full voting member A motion was made to appoint Zachary Hooper from an alternate member toai full voting member forath three-year term ending November 30,2021, The motion was seconded by Commissioner Neeley and approved by Consider appointing Marcia Grant from an alternate member to a full voting member. A motion was made to appoint Marcia Grant from an alternate member to ai full voting member fora a three-year term ending November 30,2019. The motion was seconded by Commissioner Neeley and approved by all. Cramerton BOC 2019 Goals and Objectives Meeting Reminder. Saturdav..anuary 22-d at 6:00 p.m. Discussion of possible BOC site visits from 8:00 a.m. to 9:00 a.m.: Thej proposed site visits by the Board would be the model home for True Homes, av visit to the Villages at Cramerton Mills, and a walk through ofCentral Park. Commissioner Helms all. Town ofCrameton-lanuary 10, 2019-page 5 29 stated the Board might also want to visit some of the neighborhoods along the way. The Board agreed to meet at 8:00 a.m. and conclude the site visits by 10:00 a.m. Manager's Report: The Town Manager stated a joint meeting regarding the MTI Land rezoning approval is scheduled for Tuesday January 22nd at the Gaston County Courthouse. The meeting starts at 6:00 p.m. and it was recommended that anyone planning to bei in attendance should arrive Mr. Pugh stated he has spoken with Marilyn Wells with Waste Management and a seventh amendment to the original contractisb being prepared. Discussionçontinues with Talley and Smith Architects regarding repairs to the parks and recreation structure along with Town Hall with construction possibly beginning in the summer. NCDOThas reported to Rodney Baker that the fog line for North Main Street is on their project list. Commissioner Abernathy advised that the speed bumps in Lakewood were damaged during the recent snow'storm cleanup and need to be replaced. ChiefA Adams stated thei replacement speed, bumps have beenordered per Rodney Baker. The replacements are: not covered byi insuranceand it has not been determined who damaged them Mayor Pro Tem Koutsoupias requested that NCDOTN be contacted requesting that the lane be striped near Burger King. Mayor Pro Tem Koutsoupias: asked that information be provided to the residents of Cramerton Village to assist with the water issue ànd to: set up ai meeting to include the homeowner's association, Two RiversUtilities and the property management company. Commissioner Abernathy stated she had received aphone callfrom an individual who was frustrated and asking fofinformation regàrding how'to contact Two Rivers Utilities. Attorney Wolter stated the Two, Rivers Utilities master accoynt numbers for Cramerton Village has been early. during the storm cleanup. provided to the residênts GENERALSTAFF REPORTS! Town Attorney: Attornèy, Wolter) advised that the median located on Cimarron Boulevard does belong to the town. She stàted a draft document has been completed for the Masonic Lodge parking lot providing the design,cost, ànd easements. Attorney Wolter stated local approval along with approval frôm the Masonic Lodge in Raleigh will be needed. Commissioner Rice stated he would be glad to serve as the liaison. Town Clerk: Nothing to. report, Police Department: ChiefAdams stated firearms simulator training will be held on January 17th and 24th. He stated Officer Corum was sworn in this past week and all new officers willl be sworn ins sometime in March or April. Anaudit regarding training standards will bel held onJ January23rd. Fire Department: Nothing else to report. Planning: Mr. Watkins stated the Planning and Zoning Board met on Tuesday, December 18H, and at that time delayed any recommendations regarding the MTL Land Project until after thej joint meeting by Gaston County to be held on January 22nd. An update will be given later regarding a Town of Cramerton-lanuary 10, 2019-page6 30 firm to be chosen for the traffic impact analysis request. Information was received: from the North Carolina Department of Public Safety regarding several ongoing issues and these have been corrected and finalized at this time. Mr. Watkins is working on an additional grant for the Goat Island Greenway from the Carolina Thread Trail. He is looking for letters of support from businesses. Finance: Mr. Lineberger was absent. Parks and Recreation: Mr. Smallwood stated pool plastering should bei finishedi next week. The pool will then need to be filled with water to allow time for theplaster to cure. Goat Island Park will be open tomorrow but the playground is still closed for repairs. The playground pillars are being replaced. An update on the boardwalk project will be given later as this project has been delayed due toi inclement weather. Topics of Discussion for Each Commissioner: Commissioner - Abernathy stated oft the 2 part recenfSantal Hustle Race was through Cramerton and she commented on how pretty the town looked. She commended the poliçeon their presence Mayor Pro Tem Koutsoupias congratulated: the fire department on meeting the high standards for receiving the OSFM grant. He commendèd all thet town's stàff for the grant funding research that isi required. Mayor Pro' Tem Koutsoupias asked about thepre-development meeting for the: school property that was discussed at the January meeting The Town Manager stated no response has been received. Mayor Pro Tem Koutsoupias àsked. that stafffollow up with the Grange Court Commissioner'Helms also asked that stafffollow up on the Grange Court property. Hei thanked County Cormissionerlack: Brown, for being in attendânce at tonight's meeting. He thanked staff CommissionerRice stated the Gommunity, Committee met on Tuesday. Jessica Quinlan is now the chairperson, Hes stated $1,000 was raised for the polar plunge for the fire department and the Santa Ride was fun, Commissioner Rice stated a presentation was given at the Rotary Club meeting by the Gaston CountyHealth Department about tobacco use and JUUL vape cigarettes. Cherryville and Bessemer City aré leading in the state as tobacco free communities. He stated he would like to see Cramerton to be the next municipality recognized and to serve as a role model for other towns. He asked thé' Town Manager to pursue this and the Board agreed to this request. Commissioner Neeley stated a study is being done within the schools regarding JUUL vape cigarettes. She thanked County Commissioner Brown for being in attendance at tonight'smeeting. She stated she has been working with the residents on Grange Court for the last year. Commissioner Neeley asked about the landscaping firm on South New Hope Road next to the landscaping company as there is a lot of debris in the front yard. Mr. Watkins stated he would have code enforcement follow up at this address. Mayor Cauthen stated additional code during the race and that they did a greatjob. property. fora aj job wéll done with the-Town ofMcAdenville Christmas lights. Town of Cramerton-January 10, 2019-page7 31 enforcement may be needed as Mr. Bailey is only in the office one day a week. Commissioner Mayor Cauthen asked that the Board members compile al list ofitems such as ai tobacco free town, lighting on the new Veterans Memorial sculpture, trash carts for businesses, and the plaques for the bike repair station and water fountain. Mr. Bizzell is working on gathering information for the Ar motion was made by Commissioner Rice to enter into closed session to discuss NCGS 143- 381.11(a)(6) to consider the qualifications, competence, performance, comditionofappiatmentofr a public officer or employee or prospective public officér of employee; and NCGS 143- 318.11(a)(3) consult with the attorney to protect the attorney-client privilege. The motion was Upon returning to open session, a motion was made. by Commissioner Neeley to approve a 2.5 percent pay increase for the clerk and the pay out of240.05 compensatoh.pours. The motion was seconded by Mayor Pro Tem Koutsoupias. Thevote was 4 to 1 with Commissioner Abernathy Amotion was made by Commissioner Helms to change thestatus oft the Town Clerk to report to the Town Manager. The motion was' seconded by MayorProTem Koutsoupias and approved by Adjournment: Amotion: was made by CoimphissiopetlJeims! to adjôurn at 10:05 p.m. Themotion Helms asked that this be addressed at the Goals and Objectives meeting. quotes for the mural. seconded by CommissionerN Neeley and approved by all voting nay. S3 all. was seconded by Commjssioner Rice and passed by ynanimous yote. Mayor Will Cauthen ATTEST: Wilene Cunningham, Town Clerk Town ofCramerton-lanuary 10,2019-page 8 32 Staff Report Board of Commissioners- Preliminary Plat Approval Applicant: MTL Land Property Owner: Carolina Centers, LLC Property Location: Between N. Lake Wylie Rd. and Lake Wylie Rd. Parcel ID# Ap portion of222767 Property Size: Approximately: 185.45 acres Open Space: 33.07 acres (17.83%) Min Lot Area: 12,000SF Current Zoning Classification: R-1 Proposed number of! lots: 339 Min Lot Width at Front Setback: 80FT Setbacks: 30' Front, 15' Side, 25' Side street, 40' Rear MTI Land has submitted. al Preliminary Plat for approval. The Preliminary Plat is for the Overlook at Riverside, and consists of 339 single-family homes. All roads are being proposed as public roads to bet taken over byt the NCDOT upon satisfactory completion of construction; at this time, the property lies within the ETJ of the Town of Cramerton, so the Staff has conducted a Technical Review Committee meeting to review the design of the subdivision, and to review for concurrence with applicable Town ordinances. At this time, the Preliminary Plat meets alll Land Development Code requirements, subject toi the conditions listed below. Construction will not commence until all construction plans and Staffi is recommending APPROVAL of the Preliminary Plat as shown ont the attached plans, subject to the following 1. Lot sizes and densities are based on the provision of water and sewer utilities tot this area. Noi final plats willl be approvedf fora any home construction until the water and seweri infrastructure necessary to: serve this development has been installed and inspected to thes satisfaction of Two Rivers Utilities. 2. Road details listed on Sheet SP-5 currently reference the City of Gastonia street standards; these details will need to be changed tor reflect NCDOT: standards as these are intended to be NCDOT: streets. 3. Lots 13 and 15 need to be revised to reflect the requirement for minimum lot square footage of 12,000 square 4. The alignment fort the Armstrong Ford Road Realignment Reserved Right-of-Way may not be entirely consistent with the existing reserved right-of-way to the south on projects located along S New Hope Road. The final alignment of this reserved right-of-way" willl be determined at the construction plan phase of development, and 5. Applicant will provide al blanket greenway easement across all of the open space provided on the plat fort the provision ofa a 25ft greenway easement to accommodate future extension oft the Carolina Thread Trail. Minor changes tot the design of utilities and infrastructure may occur during the review of construction plans prior tot the This request has been forwarded tot the Board of Commissioners without a recommendation fromi the Planning and Zoning Board. Per the Ordinance, the Planning Board has 30 days to make a recommendation to the Board of Commissioners; the Planning Board voted to table the matter until February. At the request of the applicant, this preliminary plat is being brought tot the Board of Commissioners without al Planning Board recommendation: since the 30 Town would not be able to assume maintenance of these streets. approvals have been granted. conditions: feet. will align with the existing reserved right-of-way. project start. day period has elapsed. 33 SOUTHFORK GATAWBA VER GASION AURISDIST RJHD Joclarris Inc woata Ges - CENTERS.LLG o4n oyergokAIRiversie overatPrgiminsyPat GRAPHIC SCALE - SP. 34 PRAE 4 M. p #NF Rys PM eIARi. FMR. MA W RJHD sociates.ln GENTERS.LLG in4 OverlockA AtRiverside PreliminaryPlat SCALE SP-2] 35 RJHD eHaris CAROLI Overisck AtRiverside PrellminaryPlat P, MR GRAPKIC SCALE - B, SP-3 36 RJHD Joe www.jpeharis.com ME erside PreliminaryPlat SP-4 37 n P ME ME RIJHD www.jpehartis-com NEWRESIDENTIAL GNOMINEER 7ID-17 CENTERS. LLC OveriookAlRwenide PrellminaryPlat SVIVAS KGTICHAA StandardDctail SP-5 38 U LAND Land Acquisition & Dovelopment January 22,2 2019 Town of Cramerton Attn: Joshua Watkins 155N. Main Street Cramerton, NC28032 Re: Preliminary Plat for Overlook at Riverside Subdivision Dear Joshua: The above referenced Plat was presented to the Town of Cramerton Planning Board on' Tuesday, December 18, 2018 forr review/approval. According to the Zoning Ordinance for the' Town of Cramerton, Section 15.6b, Action by Planning Board. The Plamning Board shall review the preliminary plat and shall within thirly (30) days afier the meeting at which the preliminary plat is, firs! reviewed, take action to make its recommendation on the plat. In doing such, the Plaming Board may recommend approval ofthe plat in whole, in part, or subject to condilions, or i may recommend disapproval af the plat. Nolwithstandng the above, the Planning Board shall have additional time to make its recommendations utilizing, feedback, from the Parks and Recreation Advisory Once a recommendation is made by the Planning Board (or ithe Aalrehcptalla capirad witli mo.recaneltiulon, fron the Planning Board) the subdivider shall submit ten (10) complete print copies of the plat to the Administrator, for placement on the agenda ofa Town Board meeting occurring no sooner than, ffleen (15) days thereafter, The Town Board of Commissioners shall have the authority to (1) approve the preliminary plat, or (2) approve the preliminary plat with conditions, or (3) disapprove the preliminary plat, or (4) defery for further review and consideration, or (5) refer the plat back to the TRC andlor the Planning Board, for Please find attached 10 sets of revised Plats with the conditions requested by the Planning Board reflected in the Plats. We formally request that you place us on the agenda for the next possible Commiltee per Section 15-29(b). theirfurther review and recommendation. MTLand, LLC 141 Providence! Road Charlotte,NC28207 39 Town Board meeting for review of the Plat. The next meeting date that will meet the requirements ofno sooner than 15 days is' Thursday, February 7,2019. Please feel free to call or email ify you have any questions or concerns. R Paul Shriver Land Manager Cell: 704-200-4237 MTI Land, LLC 141 Providence Road Charlotte, NC28207 pshriver@mtlnnd.Is MTLand,LLC 141 Providence Road Charlotte, NC28207 40 Town of Cramerton Land Development Code n! est.1915 Cdmenoy Adopted December 17, 2002 Amended Through April 2018 41 be delivered to the subdivider by the Administrator within five (5) business days No application for preliminary plat approval shall be forwarded to the Planning Board unless the plat is recommended for approval or disapproval by the TRC (except as provided below) and is in compliance with all other relevant Town ordinances and regulations. The subdivider shall have the opportunity to resubmit the plat to the Administrator once the TRC's comments have been sent to the subdivider. No additional filing fee shall be required of the subdivider if the application is resubmitted within thirty (30) days of the TRC's original recommendation. The TRC shall have up to ten (10) business days to review and make comment on ai revised version oft the plat submitted by the subdivider. Once the TRC: makes its recommendation, the plat shall be plaçed on the agenda of aPlanning Board meeting occurring no sooner than fifteen (15) days thereafter. Notwithstanding the above, if after 60 days of submission of a complete application to the Administrator, excluding all TRC comment periods, a recommendation for approval or disapproval has not been made by the TRC the subdivider may request that the plat be placed on the agenda of a Planning Board meeting that will take place no sooner than fifteen (15) days after the expiration of The subdivider shall furnish the Administrator with at least ten (10) paper copies b. Action by. Planning Board. The Planning Board shall review the preliminary plat and shall within thirty (30) days after the meeting at which the preliminary plat is first reviewed, take action to make its recommendation on the plat. In doing such, the Planning Board may recommend approval of the plat in whole, in part, or subject to conditions, or it may recommend disapproval of the plat. Notwithstanding the above, the Planning Board shall have additional time to make its recommendations utilizing feedback from the Parks and Recreation Advisory Once a recommendation is made by the Planning Board (or if the 30-day review period has expired with no recommendation from the Planning Board), the subdivider shall submit ten (10) complete print copies of the plat to the Administrator for placement on the agenda ofa Town Board meeting occurring no sooner than fifteen (15) days thereafter. The Town Board of Commissioners shall have the authority to (1) approve the preliminary plat, or (2) approve the preliminary plat with conditions, or (3) disapprove the preliminary plat, or (4) defer for further review and consideration, or (5) refer the plat back to the TRC and/or the Planning Board for their furtherreview: andrecommendation. Ift the preliminary plat is approved, the following notation shall also be placed on after theirrecommendation has been made. said sixty day period. ofthej preliminary plat for distribution to the Planning Board. Committee per Section 15-29(b). two copies of the approved preliminary plat: 15-6 42 POE Box 453 Davidson, NC: 28036 Phone: 704.778.1146 E-Mail: memematioatiwcn Web: bringewatsmovertaw.om Town of Cramerton February5,2019 BRINGEWATT 8 SNOVER PLLC To: Date: Memo: Historic Preservation Commission BACKGROUND Thel Town of Cramerton wishes to designate certain landmarks and/or districts of the Town as Historic. In order to achieve this goal, the Town must comply with NCGS 160A Article 19 Section 3(c), whichi includes designating an Historic Preservation Commission. Gaston County, pursuant to Gaston County Ordinance Chapter 13 Article II has established the Gaston County! Historical Preservation Commission and conferred upon that Commission those powers as authorized byt the State of North Carolina to accomplish historical preservation goals. Cramerton and Gaston County, pursuant to NCGS S 160A-400.71 wish toi include the Town of Cramerton as aj joint member oft the Gaston County Historical Preservation Commission pursuant to the terms of that "Agreement Designating AJ Joint Historic Preservation Commission and Requesting That Gaston County Act as Certified Local Government". RECOMMENDATIONS 1. Approve the attached resolution; 2. Authorize the Town manager and legal counsel to negotiate ande execute thet final Agreement between thel Town and Gaston Countyi in: at form similar to that attached as Exhibit At to the Resolution. 43 Resolution No.2019-06 RESOLUTION DESIGNATING GASTON COUNTY HISTORICAL PRESERVATION COMMISSION. AS HISTORIC PRESERVATION COMMISSION FOR" THE TOWN OF CRAMERTON WHEREAS, The Mayora and Board of Commissioners of the Town of Cramerton acknowledge that the historic heritage oft the Town of Cramerton is one ofi its most valued andi important assets; WHEREAS, the conservation and preservation of historic districts and landmarks stabilize and increase property values in their areas and strengthen the overall economy of the Town of Cramerton; WHEREAS; Pursuant to N.C.G.S. S 160A, Article 19, Part 3(c) The Mayor and Board of Commissioners of the Town of Cramerton wish to authorize the Town of Cramerton to safeguard the heritage of the Town of Cramerton by preserving any district or landmark therein that embodies important elements of its culture, history, architectural history, or prehistory and to promote the use and conservation of such a district or landmark for the education, pleasure and enrichment oft the residents of the Town; WHEREAS; Gaston County, pursuant to Gaston County Ordinance Chapter 13 Article II has established the Gaston County Historical Preservation Commission and conferred upont that Commission those powers as authorized by the State of North Carolina to accomplish historical preservationgoals as described above; WHEREAS; the Town of Cramerton and Gaston County, pursuant to NCGS $1 160A-400.7 wish to include the Town of Cramerton as aj joint member of the Gaston County Historical Preservation Commission pursuant to the terms oft that "Agreement Designating AJ Joint Historic Preservation Commission and Requesting That Gaston County Act as Certified Local Government" attached hereto as Exhibit A. NOW THEREFORE, it is resolved by the Town of Cramerton that: 1. The Town of Cramerton designates the Gaston County Historic Preservation Commission as its 2. The Town of Cramerton hereby designates Gaston County as its Certified Local Government for 3. The Town Manager and his designees are hereby authorized to take all action necessaryto achieve thei intent oft this resolution as allowed by the laws of the State of North Carolina. Historic Preservation Commission; purposes of achieving the historic preservation goals. 44 Adopted this 5th day of February, 2019. William Cauthen, Mayor ATTEST: APPROVED. ASTO FORM: Wilene Cunningham, Town Clerk Karen Wolter, Town Attorney 45 AGREEMENT DESIGNATING AJOINT HISTORIC PRESERVATION COMMISSION AND REQUESTING THAT GASTON COUNTY ACT AS CERTIFIED LOCAL GOVERNMENT This is an agreement between the County of Gaston ("County"): and the Town of Cramerton Townrequesting that the Gaston County Historic Preservation Commission exercise those powers and duties given to it by the Gaston County Historic Preservation Ordinances (Gaston County Code of Ordinances Chapter 13, Article II) within Cramerton's planningi jurisdiction, as well as act on its behalf as a Certifiedloçal Government. 1. Designation of a. Joint Historic Preservation Commission Pursuant to the authority provided in Section150A-40015 oft the North Carolina General Statutes the County and Town hèreby designate thèGaston CountyHistoric Preservation Commission as aj joint historic preservation commission tol be governed by the provisions set forth in the Gaston Gounty Historic Preservationne Commission Ordinance. The Commission shall have the àuthority,t to exercise, within the planning jurisdiction of Cramerton, allthe powers and dûties giyen to it by the Gaston County Historic Preservation Commission Ordinance; providéd, however, that the : Commission shall have the authority for issuing Certificates of Appropriateness: within al historic district designated within Cramerton's planning jurisdiotion only if the County and Town 2. County Amendments to the Gaston county Historic Preservation Commission lfthe County: proposes any, amendment to thèGaston County Historic Preservation Commission Ordinanceity will provide theTownwritten notice of the proposed amendment and proyide the_Town reasonable opportunity to review and comment on the proposed amendmènt beforèthe County holds aj public hearing on the amendment. The County will provide thé staffing, materials, and funding it deems necessary to support the Commission's S basic activities in inventorying historic resources, recommending designation of local landmarks and districts, and providing advicea and The County will provide the staffing, materials, and funding it deems necessary to support the Commission's activities in reviewing all applications for Certificates of Appropriateness: for designated local landmarks or properties within a local historic district, and enforcing the Certificates of Appropriateness issued for designated local landmarks and properties within al local historic district located within the county's adopt an interlocal agréement providing suchauthority. Ordinance 3. Funding Commission education about historic preservation. planning. jurisdiction and the planningjurisdiction oft the Town. 46 The Town will be responsible for paying the costs for signs to be located at local landmarks designated within its planning. jurisdictions. 4. Responsibilities of a Certified Local Government The County will fulfill all of the standards for designation as a "Certified Local Government" contained in the National Historic Preservation Act Amendments of1 1980 (P.L. - 96-515), and "Guidelines for North Carolina's Certified Local Government Ap paid member ofi the County's staff will be responsiblefort the County's meeting the responsibilities of the certification agreement tobe signed by the County and the Historic Preservation Office, North Carolina Departmentofi Natural and Cultural The County will review all proposed nominations to the National Register of Historic Places within its planning. jurisdiction and within the planningj jurisdictions of the Town pursuant to the Act and according to the proceduresinthe Guidelines, which are The County, as a Certified Local Government, is eligible to receive a portion of the Federal Historic Preservation FundXHPF)monies set àsidefor certified local governments (CLGs)proyided thatitmeets thef financialy management standards contained inthe Guidelines, The County may applyf fort thesegrants on behalf oft the Town for eligible-historic preservation activitjes and projects listed in the Guidelines. County-staff will administer thes grant on béhalf of the Town which must provide funds Program". Resources. incorporated and of Part II ofthis Agreement.. forthe.60/40 matching grant. 5. Amendment of Agreement This Agreement may not be amendèd. This Agreement may be superseded by the adoption of a new Agreemènt byt the governing boards of the County and Town. 6. Withdrawal from Agreement The Town may withdraw: from this agreement by providing the County a 90-day written notice ofi its withdrawal. The County may terminate this Agreement by providing the Town with a 90-day written notice of its termination. Any landmarks within the jurisdiction of the Town after withdrawal from the Agreement become the responsibility ofthe Town provided that it has passed an ordinance to create al local preservation commission. Landmarks ini thej jurisdiction oft the Town but with no preservation commission will be de-designated by the Gaston County Historic Preservation Commission. 47 7. Entire Agreement This Agreement constitutes the entire agreement between the Parties and it supersedes any and all prior representations and agreements, whether oral or written, between the Parties. No: such prior representations or agreements may be offered or consider to varyt the terms of this Agreement, or to determine the meaning of any ofi its provisions. 8. Severability Int the event that any provision of this Agreement) js declared invalid for any reason by a court of competent jurisdiction, said findingwill not affecbthe remaining provisions of this Agreement. 9. No Third-Party Beneficiaries - This Agreement is binding upon all Parties hereto/ bya and through their offiçials, agents, employees, and successors. This Agreement is enforçeable only by the Parties. No person or entity is intended to bèa third-party beneficiary of the provisions of the Agreement for purposes of any civil, criminalora administrative action, and accordingly, no person or.entity may assert any' clàim or fight asa benèficiary or protected class under the Agreement. 10. Rights ofThird-Partiès - This Agreemênt isnot intended to impair or expànd the right of any person or organization seeking, relief against the County or the Town or any officer or employee thereof, for their conduct or theconduct of any officer or employee. Accordingly, it does not àlter legal standards governing any such claims by third parties, including those arising from state or federa/law. The Agreement does not expand, nor will it be construed to expand, accèss't to any of the Parties' documents, except as expressly provided. by the Agreement by persons or entities other than the Parties. 11. Venue The Parties will notify each other of any court or administrative challenge to the Agreement. In the event any provision of the. Agreement is challenged venue shall be proper and shall lie exclusively ini the Superior Court of Alamance County. 48 12. Effective Date This agreement shall become effective between the County and the Town after adoption by both the County Board of Commissioners and the governing body of the Town. Tracy Phillbeck, Chairman Gaston County Board of Commissioners Date Will Cauthen, Mayor Town of Cramerton Date 49 0 2 5 & O L S a A N S & 8 0 ) 0 50 / N a / D A 2 51 3 e 0 e o 2 A N S K 6 D A 9 52 - a o L - / N A 1 2 A 53