TOWN OF FOUR OAKS TOWN COUNCIL MEETING JULY17",2023 AGENDA  1) 2) 3)  Call to Order  Invocation and Pledge of Allegiance Approval of Minutes (a) Town Council Meeting - June 19th, 2023 (b) Special Called Budget Meeting June 22nd,2023  4) 5) 6)  Presentation- - Recognition of Property Beautification to Peachtree Center  Public Comments Public Hearings  (a) Tabled in June until July: Johan Enns Boldt & Johnny Loewen Boldt, Petitioners & Owners - Request for a Special Use Permit to allow for a Venue for Events located at 403 Old Olive Road in the Town's ETJ; Parcel # (b) Lonnie & Cynthia Allen, Petitioner & Owner - Request for a Special Use Permit to allow for a Singlewide Manufactured Home located at 13354 A (c) Danny &. Joy Wood, Petitioner & Owner - Request for a Special Use Permit to allow for an Oversized Building on their property located at 1531 Parkertown Road ini the Town's ETJ; Parcel # 08H11011A  15H09020D  Parker Road in the Town's) ETJ; Parcel # 08H1008  7)  New Business  (a) WithersRavenel Presentation - AMP (b) WithersRavenel Presentation - Elevated Water Tank (c) Town's Fee Schedule (d) Resolution Approving Land Acquisition Mayor's Comments Department Reports (a) Police - Bradley (b) Parks & Rec & Outreach - Robertson (c) Water and Sewer- - Hines (d) Sanitation & Streets - Surles (e) Finance - Hardy  8) 9)  Adjournment    TOWN OF FOUR OAKS TOWN COUNCIL MEETING  JULY 17TH, 9 2023 MINUTES  Call to Order  Mayor Vic Medlin called the July 17th, 2023 regular scheduled Town Council meeting to order at 6:30 p.m. Those present included Commissioners Michael Bradley, Andy Hardy, and Kim Robertson. Also, present were. Police Chief Stephen Anderson; Public Works Director Barry Stanley; Planning & Zoning Administrator /I Building Inspector Mike Cook, Town Clerk Martha Garris recording minutes, Town Attorney Chip Hewett, and Mike Dart from FO Benson New in Review. Not present and excused Commissioners Mike Hines and Carles Surles.  Invocation and Pledge of Allegiance  Commissioner Hardy gave the opening Invocation with. Joan Pritchett leading the Pledge of  Allegiance.  Approval of Minutes  (a) Town Council Meeting - June 19th, 2023  Commissioner Bradley made ai motion to approve the minutes for the June 19th,2023 regularly scheduled meeting as presented, seconded by Commissioner Hardy, voting Commissioner Hardy made a motion to approve the minutes for the. June 22nd, 2023 special called budget meeting as presented, seconded by Commissioner Robertson, voting  unanimous.  (b) Special Called Budget Meeting June 22nd, 2023  unanimous.  Presentation - Recognition of Property Beautification to Peachtree Centre Mayor Medlin presented Zabi Nazari, owner of] Peachtree Centre, with a letter ofr recognition and appreciation for his efforts to upgrade and beautify his commercial property, Peachtree Centre.  Mr. Nazari thanked the Mayor & Board and shared a few comments.  Public Comments  Sam Austin, resident 203 E: Lewis St., addressed the board as follows: (1) suggested the Town refer to Emerald Isle's Website budget presentation and consider updating the Town's website likewise ini the future for reading clarity; (2) inquired about the Town putting a recycle bin for electronic equipment somewhere in Town; and (3) inquired ift there had been a resolution for the school traffic and suggest at the very least to put no parking signs between 1 pm & 3 pm on Main St and Tucker St unless you are a resident. Commissioner Hardy responded we will take al look and try to improve the website in the future. Mayor Medlin responded the county is working on ar recycling collection plan and the school system is supposed to be working on a plan for traffic  flow.    Public Hearings unanimous.  Mayor Medlin called the meeting into aj public hearing. Motion to enter into a quasi public hearing was made by Commissioner Hardy, seconded by Commissioner Bradley, voting Johan Enns Boldt & Johnny Loewen Boldt, Petitioners & Owners - Request for a Special Use Permit to allow for: a Venue for Events located at 403 Old Olive Road in the Town's Mayor Medlin opened the first case commenting that at the. June 19th, 2023 meeting this request for a special use permit to allow for a Venue for Events located at 403 Old Olive Road in the Town's ETJ; Parcel # 15H09020D was tabled to go back to the Planning Board on July 11,2023. Mayor turned the meeting over to the Town Attorney, Chip Hewett. Attorney Hewett commented this was a quasi-judicial hearing which requires competent substantial evidence that the council has to receive and the applicant has the burden of proofto prove the application should be granted. Attorney Hewett swore in Mike Cook & Dawn Olive to speak for or against Mike Cook relayed to the Board that the owner would like approval to use the property fora venue for events at 403 Old Olive Rd on 19.85 acres. The property is zoned RA SUD in the town's ETJ which require a special use permit for a venue for events; the prior owners SUP expired when the property was sold therefore the new owner is seeking this SUP; per the owner the venue would bei in the Big Barn and have the same layout as before; the house will bea personal residence; and based on staff determinations it does not meet the special use chapter 160D 4 finding of fact requirements. Public notices were in the newspaper on May 31 & June 7; sign was placed on the property May 31; and letters were mailed were to property owners within a 500 feet radius. Planning Board recommended to deny the special use permit approval based on not meeting all the special use Chapter 160D finding of fact requirements, specifically (1) that Dawn Olive, at 93 Russett Dr., stated all evidence had been turned into the Clerk and inquired if itneeded to be presented again. Attorney Hewett responded anything that had been received by the Town Clerk will be used as evidence including any Planning Board information.  ETJ; Parcel # 15H09020D. Tabled in June until July.  the hearing.  itcould endanger the public health & safety.  Johnny Boldt, the applicant was not present. Commissioner Bradley, voting unanimously.  Motion to close the quasi hearing was made by Commissioner Hardy, seconded by  Attorney Hewett presented the Chapter 160D special use 4: finding of fact for the Board to vote a) Will not endanger the public health or safety: Motion to deny finding off fact (a) was made by Commissioner Hardy, seconded by Commissioner Robertson, voting b) Will not injure the value oft the adjoining property: Motion to deny finding of fact (b) was made by Commissioner Robertson, seconded by Commissioner Bradley, voting  upon:  unanimous. unanimous.    c) Will be inl harmony with the area in which it is located: Motion to deny finding ofi fact (c) was made by Commissioner Hardy, seconded by Commissioner Robertson, voting d) Will be in conformity with the future land use plan, thoroughfare plan, or other plan officially adopted by the Board ofCommissioners: Motion to deny finding of fact (d) was made by Commissioner Robertson, seconded by Commissioner Bradley, voting  unanimous.  unanimous.  Attorney Hewett commented that all 4 special use finding off facts were denied therefore: a Motion to deny the special use permit to allow for a venue for events located at 403 Old Olive Road on Parcel # 15H09020D in its entirety was made by Commissioner Hardy, seconded by Motion to enter back into a quasi public hearing was made by Commissioner Hardy, seconded by Lonnie & Cynthia Allen, Petitioner & Owner - Request for a Special Use Permit to allow for a Singlewide Manufactured Home located at 1335 A Parker Road in the' Town's ETJ; Attorney Hewett swore in Mike Cook and Danny & Charlene Lassiter to speak for or against the Mike Cook relayed to the Board that the owners would like to place a singlewide manufactured home ("SWMH") on theirs parcel at 1335 A Parker Road consisting of5.98 acres. The property isz zoned RA: in the town's ETJ which require a special use permit for manufactured homes; it can meet the required setbacks 40', 15' &3 30'; and based on staff determinations it meets the chapter 160D 4 finding of fact requirements. Public notices were in the newspaper on June 28 & July 5; sign was placed on the property June 30; and letters were mailed out to 24 property owners within a 500 feet radius. There was one concerned response received. Planning Board was recommending for approval for a new SWMH. Mr. Allen has since turned in site plans and Danny & Charlene Lassiter, an adjacent property owner, inquired when the town changed its ordinances and began allowing singlewide manufactured homes. Mr. Lassiter indicated that he had been told that he could not get a SUP for a singlewide manufactured home on the account of the ordinance. He has no problem but just wants to be treated equally. He added the table uses for manufactured homes references section 601 in the ordinance which requires them to be at least 18' X40 in size. Attorney Hewett clarified that section 601 references to manufactured homes being permitted in the zoning district R6MH and it must meet the listed 13 requirements while zoning district RA: requires a special use permit and must meet the Chapter 160D 4 finding of facts under section 308. Mr. Lassiter inquired how does the public know what the applicant is requesting because he has not seen any site plans or explained what they are doing. Mr. Cook responded we have the site plan that was submitted with the application for a SUP. Mr. Lassiter inquired what he needed to do ifwanted toj put a SWMH on his property. Attorney Hewett  motion to deny the special use permit would be in order.  Commissioner Bradley, voting unanimous. Commissioner Robertson, voting unanimous.  Parcel # 08H1008 hearing.  indicated it would be a 1995 model.    responded (1) to check the zoning and (2) ifr required per the ordinance apply for a special use Motion to close the quasi hearing was made by Commissioner Hardy, seconded by  permit.  Commissioner Robertson, voting unanimously.  Attorney Hewett presented the Chapter 160 special use 4 finding of fact for the Board to vote a) Will not endanger the public health or safety: Motion to approve finding of fact (a) was made by Commissioner Hardy, seconded by Commissioner Bradley, voting unanimous. b) Will not injure the value of the adjoining property: Clarity was given that the SWMHisa 1995 model verses what was on the application for ai new: model. Commissioner Hardy inquired what type of properties were in the area. Mr. Cook indicated it was a mixed-use area. Motion to deny finding of fact (b) was made by Commissioner Robertson, no second. Commissioner Bradley commented he had no issues ifit were a new SWMH. Council commented certain stipulations can be put on the SUP ifit meets the 4 finding of facts. Commissioner Robertson inquired what the County's ordinance about a SWMH. Mr. Cook responded 1976 or newer are allowed per County ordinance. Motion to deny finding of fact (b) was made by Commissioner Hardy, seconded by Commissioner Will be in harmony with the area in which it is located: Motion to approve finding ofi fact (c) was made by Commissioner Hardy, seconded by Commissioner Bradley, voting d) Will be in conformity with the future land use plan, thoroughfare plan, or other plan officially adopted by the Board of Commissioners: Motion to approve finding of fact (d) was made by Commissioner Hardy, seconded by Commissioner Bradley, voting  upon:  Bradley, voting unanimous.  unanimous.  unanimous.  Attorney Hewett commented that a, C, & d oft the special use finding of facts were approve. Fact bwas denied therefore it would bei in order for the board not to approve the SUP. All 4 must be Motion to go out of the quasi hearing was made by Commissioner Hardy, seconded by  approved based on the statute in order for a SUP to be approved.  Commissioner Bradley, voting unanimous.  Motion to deny the special use permit to allow for a singlewide manufactured home located at 1335 A Parker Road based on fact B that it will not injure the value of the adjoining property was denied was made by Commissioner Hardy, seconded by Commissioner Bradley, voting Motion to enter back into a quasi public hearing was made by Commissioner Hardy, seconded by  unanimous.  Commissioner Robertson, voting unanimous.    Danny & Joy Wood, Petitioner & Owner- - Request for a Special Use Permit to allow foran Oversized Building on their property located at 1531 Parkertown Road in the Town's ETJ; Attorney Hewett swore in Mike Cook and Danny Wood to speak for or against the hearing. Mike Cook relayed to the Board that the owners would like to build an oversized 1,440 sq ft building on is property at 1531 Parkertown Rd on 34.69 acres. The property is zoned RA in the town'sl ETJ which requires a special use permit for accessory buildings over 1,000 sq ft.; and based on staff determinations it meets the chapter 160D 4 finding of fact requirements. Public notices were in the newspaper on June 28 & July 5; sign was placed on the property June 30; and letters were mailed out to 12 property owners within a 500 feet radius. There was one inquiry wanting clarification on what was going on and he had no issues. Planning Board was  Parcel # 08H11011A  recommending for approval.  Danny Wood, owner, commented the building will be used for general farm use, for storage, and personal use. He added it will be a wood structure with red vinyl siding and match existing building. Closest lot line is 100 feet away. Attorney Hewett confirmed with Mr. Wood that the Motion to close the quasi hearing was made by Commissioner Hardy, seconded by  plans he had presented would conform to the 41 finding of facts.  Commissioner Robertson, voting unanimously.  Attorney Hewett presented the Chapter 160 special use 4 finding of fact for the Board to vote e) Will not endanger the public health or safety: Motion to approve finding of fact (a) was made by Commissioner Hardy, seconded by Commissioner Robertson, voting Will not injure the value oft the adjoining property: Motion to approve finding of fact (b) was made by Commissioner Hardy, seconded by Commissioner Bradley, voting g) Will bei in harmony with the area in which it is located: Motion to approve finding of fact (c) was made by Commissioner Hardy, seconded by Commissioner Bradley, voting h) Will be in conformity with the future land use plan, thoroughfare plan, or other plan officially adopted by the Board of Commissioners: Motion to approve finding of fact (d) was made by Commissioner Robertson, seconded by Commissioner Bradley, voting  upon:  unanimous. unanimous. unanimous.  unanimous.  Attorney Hewett commented that all 4 special use finding oft facts were approved therefore a Motion to approve the special use permit to allow for an oversized building on their property located at 1531 Parkertown Road ini the Town's ETJ on parcel # 08H11011A was made by Commissioner Hardy, seconded by Commissioner Robertson, voting unanimous.  motion to approve the special use permit would bei in order.    New Business  WithersRavenel Presentation - Asset Management Plan ("AMP")  Glynn Fleming, WithersRavenel, presented the Drinking Water Distribution System AMP. The plan addresses the system inventory and identify what the current state oft the town's water system assets are in, what is the town's required sustainable level ofservice, what the needs are most critical to least critical to sustain performance, develop a strategy to address any needs, and help determine a long-term funding strategy. The level of service assessment and system design criteria reflects the town meets industry standards for the water system. The plan's asset condition assessment identified certain asset physical and performance issues for the town to address. WithersRavenel's assessment was done thru a Calibrated Hydraulic Model oft the town's existing water distribution system in which they will maintain and can be updated as needed. The model was developed in conjunction and support of the Elevated Storage Tank Preliminary Engineering Report. The. AMP 10-year capital plan prioritized the town's needs with the first being the elevated water storage tank and associated upgrades followed by waterline replacements on W Wellons St, N Baker St, S Baker St, S Main St, & Stanley St. Glynn Fleming, WithersRavenel, presented the Elevated Storage Tank Preliminary Engineering Report ("PER"). WithersRavenel determined the town's existing elevated water storage tank is undersized based on current demand and has surpassed industry standard for service life. The hydraulic model determination was the town needs a sA000-mllongilon storage tank at acost of approximately $9.9 million. The proposed site is on Boyette Rd. beside CommWell Commissioner Hardy thanked Mr. Fleming and commented these models help the town identify critical areas to focus on. The town is already inquiring on getting grant money to help with a new water tank. The next phase needs to be a Wastewater Plan Model. The plans are important Eric Fogleman inquired ifthe model included the ETJ. Mr. Fleming responded it included the  WithersRavenel Presentation = Elevated Water Tank  Health.  to have to apply for funding. town's s entire water system. Town's Fee Schedule  Commissioner Hardy presented the updates to the Town's Fee Schedule. The schedule includes water & sewer: fees and planning & zoning fees. He pointed out: meter set and tap fees were increasing due to actual cost increases; and the. Johnston County pass thru water capacity fees were increasing from $7 to $10 per gallon of daily flow and sewer capacity fees were decreasing from $11 to $10.68 per gallon of daily flow for new constructions. Commissioner Hardy noted on the planning & zoning fees we added a land use/zoning permit fee for each category and that #35 Open Space Fee (recreation fee) will need to be addressed in the ordinances before changing in the fee schedule. The Board asked that the planning board to review updating the ordinance language for recreation fees to reference the fee schedule in order to be able to update ifr need without going thru the public hearing process for ordinance amendments. Motion to approve the updated Fee Schedule as presented was made by Commissioner Robertson, seconded by  Commissioner Bradley, voting unanimous.    The Board asked for the planning board to discuss ideas on increasing the lot sizes for new subdivisions. Over the years, lots sizes have increased from 6,0001 to 12,000 sq ft and maybeit's Commissioner Hardy commented BRL Engineering and Mike Cook are working on a stormwater plan and impervious surfaces for subdivisions. Once completed it will be brought to  time to look at increasing again.  the Board.  Resolution Approving Land Acquisition  Mayor Medlin presented the resolution for the land acquisition which the Town Attorney presented at the. June 19 meeting regarding a proposed donation ofl land owned by Oakfield, LLC consisting of3.9 acres identified as parcel #08018029 located off W Allen St. also known as Tract 2A according to plat book 98, page 258 with an appraised donation value of $32,000. Motion to approve the resolution for the land acquisition of parcel #08018029 was made by Commissioner Hardy, seconded by Commissioner Bradley, voting unanimous.  Mayor's Comments  Mayor Medlin announced he and Barry would be participating in a dunking booth for a Harbor House Fundraiser at Deacon Jones in Smithfield on July 20: from 2 pm to 3 pm. He encouraged He reported there is continued interest in the Business Park; the Town looks good; and thanked  everyone to come out and spend some money to support Harbor House.  all the employees for their hard work. Department Reports Police - Bradley  Chief Anderson read the monthly police report (attached). Parks & Rec and Outreach - Robertson  Commissioner Robertson reported we continue to work with WithersRavenel on the Parks & Rec Master Plan and the Public Workshop June 20 and survey went well. We plan tol have one more Mayor Medlin commented there was a great turnout at the recent football camp on July 15. Commissioner Hines was absent. Commissioner Hardy highlighted the water and sewer report (attached). Water had revenue of $28,558 and the sewer had revenue of$34,260. The 12-month daily average per gallon was a 5% loss for water and 21% loss for sewer. Rainfall was 1.7" which adds to the infiltration. He encouraged everyone to be on the lookout for leaks and added we: surveyed approximately 10% of our sewer lines and will be addressing those issues during  public workshop in August.  Water and Sewer - Hines  the year while surveying another 10% at some point.  Sanitation & Streets  Commissioner Surles was absent. Mayor Medlin reported streets & sanitation were good.    Finance- - Hardy  Commissioner Hardy highlighted the financial report (attached) with total funds of $3,695,216 and presented the June payables. Motion to approve the. June payables listed in the attached report was made by Commissioner Robertson, seconded by Commissioner Bradley, voting  unanimous.  Public Comments (Continued)  Joan Pritchett, Chamber ofCommerce, reported: (1) congratulated Chief Anderson and Tom Britt on being recognized ini the Johnston NOW; (2) Chamber's new sign was being installed; (3) August 3 will be the Community Party on Main Street from 5:30j pm to 8:30 pm which will include a school supply drive; (4). August 17 will be a Strategic Partner Forum from 11:30 am to 1:00 pm at 8400 US 301; & (5) September 9 will be the Acorn Festival and Car Show.  Adjournment  With no further business brought before the Town Council, motion to adjourn at 8:00 p.m. was made by Commissioner Hardy, seconded by Commissioner Bradley, voting unanimous.  ATTEST:  Maye s0 Martha Garris, NCCMC Town Clerk  Vic 22  Mayor