TOWN OF FOUR OAKS TOWN COUNCIL MEETING MARCH 8TH, 2021 AGENDA  1) Call to Order  2) Invocation and Pledge of Allegiance 3) Approval of] Minutes 4) Public Comments  a) Town Council Meeting - February gt, 2021 a) Leslie Parker- - 2378 S. Main Street  5) Public Hearings -1 Pauline Ketchum, Planning & Zoning Administrator a) Central Air, Inc - Application for Rezoning from I-2H to B2H b) R10 Ordinance - Setback Updates c) Jones Creek, LLC- - Application for Subdivision on Thunder Road d) Hwy 96 Rezoning from RA to I-1L e) Chapter 152 Subdivision Regulations Ordinance Amendment for Sidewalks f) Section 308.2.4 Ordinance. Amendment for Recreation Fees 5) Chapter 93.99 Littering Ordinance Amendment h) Chapter 991 Yard Sale Ordinance Clarification Amendment for Culver Avenue  New Business Project 7) Mayor's Comments 8) Department Reports a) Police - Hatch b) Parks & Rec & Outreach -Hines c) Water and Sewer - Medlin d) Sanitation & Streets Surles e) Finance- - Hardy Adjournment  a) FODDA Updates - Harold Keen  b) Recommendation for CDBG Grant Engineering Services Contract for Sewer Improvement    TOWN OF FOUR OAKS TOWN COUNCIL MEETING  MARCH gth, 2021 MINUTES  Call to Order  Mayor Linwood Parker called the March gth, 2021 regular scheduled Town Council meeting to order at 6:58 p.m. Those present included Commissioners Andy Hardy, John Hatch, Mike Hines, Vic Medlin, and Carles Surles. Also present were Police Chief Stephen Anderson; Public Works Director Barry Stanley; Planning & Zoning Administrator Pauline Ketchum; Town Clerk Martha Garris recording minutes; Town of Four Oaks Development Coordinator Reid Williams; and  Mike Dart from FO: Benson New in Review. Invocation and Pledge of Allegiance  Commissioner Hatch gave the opening Invocation with Commissioner Hardy leading the Pledge  ofAllegiance.  Approval of Minutes  Town Council Meeting - February gth, 2020  Commissioner Hardy made a motion to approve the Town Council regular meeting minutes as  presented, seconded by Commissioner Medlin, voting unanimous.  Public Comment  Leslie Parker, resident at 237 S Main Street, thanked the Board for the opportunity to speak and expressed a: few concerns: (1) Due tot the standing water from runoff at Allen Street and S. Main Street, concerned about it being a breeding ground for mosquitos and asked ift the water could be drained. Mayor Parker asked Public Works Director Barry Stanley to look into it. (2) Thanked the police department for: responding when she expressed concerns about speeders on South Main Street but it continues to be a concern and asked ifa anything eise could be done tol help slow: folks down. (3) Expressed concerns about littering on the roads and commented she had spoken with Sam Lawhorn, the PE: District Engineer for NCDOT: Division 3 &4, from Goldsboro who said it was up to law enforcement to enforce the laws. Commissioner Medlin commented the board was going to address littering around town but can't do anything outside of town. Mrs. Parker commented that Mr. Lawhorn mentioned putting some: no littering signs up around the area. Mayor Parker stated the board recognizes there are major littering issues and hope to address and geti it under control. Commissioner Medlin mentioned possibly having a spring cleanup day around town. David Mills commented that littering is a major issue and the Anthony Whitaker, Four Oaks Middle School Principal, gave updates for the school: (1) school was back in and athletics were underway and going well; (2) student growth continues to increase in the classroom thanks to the teacher's hard work; (3) summer school planning was: in process but looking at 4-6 weeks, 4 days a week, breakfast, lunch, & transportation to be provided. Mr. Whitaker thanked the town guys for helping move bleachers around to allow for home & visiting team parents to attend football games and thanked the community for  County struggles with dealing with the same. issues.    supporting the school. During the basketball game streaming commercials, the school actually showed commercials/ads thanks to the community's support. Mayor Parker thanked Mr.  Whitaker for attending the meeting and sharing.  New Business  FODDA Updates = Harold Keen  Harold Keen, Co-chairman oft the Downtown Development Association was present to update the efforts that the committees were doing and turned the meeting to the committee chairs to present al brief update on their progress: (1) Bric Fogleman, chairperson for the Design Committee, reported that along with their committee have put together multiple strategies. The design committee split the 8-9 persons committee into 2 groups - hard team to focus on the ordinances and working with the engineer & a soft team to focus on the appearance recommendations around town. The team shared some: recommendations with the board: road width 12: feet for drivers instead of11 feet; would like to see brick pavers; more visibility options; & not including movable planters, benches, etc. ini the main cost. Mr. Foglman asked how tol handle the ordinance in the short term since they are being revised. Mayor Parker commented that he would like to have an overlay district ordinance tol help with issues. Mr. Fogleman told the board he is ready tol help. (2) There has been mentioned ofa design review committee review the heritage appearance, downtown colors, etc. and committee offered to look into that as well. (3) Anita Stephenson, chairperson for the Economic/Vitality Committee, reported their main focus is to help Main Street Four Oaks become a destination place by working with existing businesses and building owners to enhance the Town and strategically work to recruit other businesses that would be complimentary to Downtown Four Oaks and utilize the vacant buildings in the town and outlying area. The committee has been looking to set up ar non-profit organization toj provide a funding mechanism for donors to be able to contribute to the enhancement and enrichment of Downtown Four Oaks which goes along with the Streetscape plan and looking to: recommending a FOSOD matching grant program and other financial incentives that would give building owners the opportunity to: make visual improvements to downtown businesses. The committee is just starting to look into these type programs to help make visual improvements and will be making some actual recommendations atal later date. Mrs. Stephenson stressed for many this is a long-term vision which needs lots of patience and everyone working together to promote aj positive attitude and excitement for downtown development and to encourage. local support. Mayor Parker thanked Harold Keen,  Tim Grady, and all the committee members.  Public Hearings  Mayor Parker called the meeting into a public hearing.  Pauline Ketchum, Planning & Zoning Administrator, relayed the Planning Board met on March  2,2021 for the following hearings.  Central Air, Inc., Travis Byrd - Application for Rezoning  Mrs. Ketchum relayed the planning board heard the application for rezoning request by Travis Byrd owner of Central Air, Inc. to rezone the property at 309 W. Wellons Street from I-2H to B2H. Mr. Byrd would like to move his Central Air, Inc. business from NC Hwy 96 into Town. The zone B2H would allow his business toi include retail, sale of propane, have an above ground tank, & park business trucks on property. Attorney David Mills spoke on behalfofc Central Air, Inc and commented that the current zone I-2H allows for heavy industrial and Mr. Byrd is asking    to downgrade the zoning to B2H. Mr. Mills asked the board to consider what is around the property which is zones B2H, I-2H, &1 residential. Mr. Mills pointed out that ift the property isn't rezoned, Mr. Byrd could do anything he would like in the I-2H zone: such as a sanitary landfill while rezoning to B2H would only allow: for retail and office purposes and average business use. Mayor Parker commented the property was zoned I-2H because oft the Dixie Block Company years ago and it had never been rezoned. Danny Lassiter, resident, inquired how much oft the surrounding area is zoned-I-2H. Mr. Mills showed & told him the property to the east is zoned I- 2H. Patricia Chisholm-Jones: commented that Mr. Byrd had gone beyond his call ofduty to personally speak with the residents in the area sharing his dream and what he wanted to do. Mrs. Jones commented the residents and tenants from the Smith Street community welcomes Mr. Byrd and hoped the Board approves the request. Mayor Parker asked Mrs. Ketchum and the planning board tol look into the zoning types around the area because it doesn'tneed to be I-2H. Mrs. Ketchum relayed the planning board recommended approval for the rezoning, letters were sent out and she heard from one concern. After having a discussion with the tenant and owner, they were fine with the rezoning. There were no further comments. Mayor Parker closed the public hearing. Motion to approve rezoning the property at 309 W. Wellons Street from I-2H to B2H was: made by Commissioner Medlin, seconded by Commissioner Hines, voting unanimous.  Mayor Parker called the meeting back into a public hearing.  R-10 Ordinance Setback Update  Pauline Ketchum relayed that the planning board and board of commissioners have discussed the following R10 setback changes: (1) lot widths from 80 feet to 75: feet; (2) side setbacks from 15 feet to 10: feet; & (3) rear setbacks from 30: feet to 25 feet. The planning board: recommended approval oft these setback changes. Commissioner Hatch inquired why changing sO soon. Mrs. Ketchum explained with subdivisions wanting to be built, the board wants to change these setbacks to help meet growth needs and set a precedence of what the town wants. The requirement will still be 10,000 sq ft lots but reducing the setbacks will allow for wider homes and the sides will be closer to the lines rather than building up. There were no further comments. Mayor Parker closed the public hearing. Motion to approve the R10 ordinance setback updates as presented were made by Commissioner Medlin, seconded by Commissioner Hardy, voting  unanimous.  Mayor Parker called the meeting back into a public hearing. Jones Creek, LLC clo Lanny Clifton - Application for Subdivision  Pauline Ketchum relayed the planning board heard the application for a subdivision request on Thunder Road by Petitioner Jones Creek, LLC clo Lanny Clifton. Jones Creek, LLC was requesting approval tol build a 34 to 40 home subdivision with 10,000 sq ft lot sizes, The actual zoning for the properties is R61 but the developer plans tol build as if the zoning was. R10. Corinth Church had concerns about the church cemetery and the developer agreed to build a fence between the properties. Mrs. Ketchum relayed the planning board recommended the approval of the subdivision, letters were sent out, and she received one letter of disapproval. There were Carlos Bagley, engineer, of162 Flora Dr, Benson, presented revised plans to the board showing 34 lots at 10,000 sq ft. Mr. Bagley explained the developer is no longer asking for a variance on  some: folks in attendance wanting to get clarity about the subdivision.    the setbacks. He explained there will be curb & gutter and sidewalks on one side oft the roads Several members oft the Corinth Church were present. Commissioner Medlin explained the church was concerned about drainage issues. Mr. Bagley explained the church property is on higher ground and they would build storm drainage to take care oft the drainage issues. He commented the engineering company felt confident they could control the drainage and protect A church member asked for clarity on1 the fence. Mr. Bagley clarified it would be a 6: feet solid vinyl fence. Diane Parker, a church member, asked about an 8 feet commercial fence. Mrs. Ketchum explained the town ordinance doesn't allow for 8 feet fences. Commissioner Hardy commented that BRL Engineering will have to look at the plans and approve them. Mr. Bagley commented that since the cemetery property is higher elevation than the subdivision, the 6: feet Eric Fogleman inquired if the runoff will run down the ditch on Thunder Road into Berry Downs Subdivision. Mr. Bagley commented that some will but not a lot. Mr. Fogleman's concern was they already have runoff issues on Meadowbrook Drive and this could cause more issues. Mr. Fogleman commented there is no tile under Meadowbrook Dr the water runs offThunder Rd onto the private road and Meadowbrook Dr doesn'th have a culvert which would help. Commissioner Medlin commented Thunder Road is a state road: SO may have to have discussion with the state. Mr. Bagley commented that once plans were complete the engineering company would be glad to work with Barry Stanley and the town to show what the design is. Commissioner Surles stressed water needs somewhere to go. Commissioner Hardy inquired if there was a culvert under Skinner Rd. Mr. Fogleman responded yes but it needs to be fixed. Mr. Fogleman expressed that he wants the subdivision but wanted the Board to realize there is an issue on Meadowbrook Drive. Mayor Parker commented there needs to be a discussion with the Stephen Kelly, planning board member, expressed concern about flooding issues and suggested the developer and town get advice about flooding from the engineer. Commissioner Medlin commented the board realizes there are flooding issues and is working to resolve the issues around town. Mayor Parker welcomed the developers to town and encouraged them to be Mr. Sutton, a church member, asked permission tol keep the existing chain-link fence up. The developer responded he didn'tmind and the chain-link fence will: remain in place.  and a 6: feet vinyl fence along the cemetery property and railroad tracks.  the subdivision, even the lower lots in the subdivision.  fence should take care of any issues and not create drainage issues.  state concerning the issue.  mindful oft the drainage concerns.  No further comments. Mayor Parker closed the public hearing.  Motion to approve the application for the subdivision on Thunder Road as presented was made by Commissioner Hardy, seconded by Commissioner Hines. Vote was 41 to 1. Favor- Commissioners Hardy, Hatch, Hines, & Medlin and Opposed - Commissioner Surles.    Commissioner Hatch commented engineer needs to review the drainage plans. Public Works Director Barry Stanley responded when the town receives final drawing, he and BRL  Engineering will have to review and approve.  Mayor Parker called the meeting back into aj public hearing.  Highway 96 Rezoning from RA to I-1L  Pauline Ketchum relayed the planning board heard the rezoning request by the Town ofl Four Oaks, petitioner and the parcel owners were requesting aj rezoning of their properties from RA (residential agricultural) to I-1L (light industrial). Property owners were; Russell Brown- - parcels 08111057A & 08111057B; James P. George - parcel 08111059; Johnnie L. Johnson = parcels 08111067 & 08111067A; Fay B. Elrod - parcel 08111057; and Four Oaks Farms, LLC- parcel 08111023L. Mrs. Ketchum relayed the planning board recommended the approval for the rezoning to the board and there no oppositions. No further comments. Mayor Parker closed the public hearing. Motion to approve the request to rezone the parcels from RA toI-1L was made by Commissioner Hardy, seconded by Commissioner Medlin, voting unanimous.  Mayor Parker called the meeting back into a public hearing.  Chapter 152 Subdivision Regulations Ordinance. Amendment for Sidewalks Pauline Ketchum relayed the planning board recommended amending the Chapter 152 (H)(2) (2) Sidewalks. Sidewalks may be required by the Board of Commissioners on ene Or both sides oft the street in all subdivisions, multi-family developments, mixed use developments, and other areas likely to be subject to heavy pedestrian traffic such as near schools and shopping areas; centers. Such sidewalks shall be constructed to ai minimum width of four feet, and shall consist ofai minimum thickness off four inches of concrete. All sidewalks shall be placed in the right-of- way, unless the development is platted as a planned unit or group development. Sidewalks shall consist of a minimum of six inches of concrete in driveway crossings. The Board of Commissioners may grant an exception to this policy in areas having very low traffic volume. Commissioner Hatch asked for clarity if the sidewalks would be required on both sides ofthe streets. Commissioner Medlin responded yes but the Board will have the discretion to grant  Subdivision Regulation for Sidewalks language as follows:  exceptions.  No: further comments. Mayor Parker closed the public hearing.  Motion to approve the recommended amendment to Chapter 152 (H)(2) Sidewalk Ordinance language as presented was made by Commissioner Medlin, seconded by Commissioner Hardy,  voting unanimous.  Mayor Parker called the meeting back into aj public hearing. Section 308.2.4 Ordinance Amendment for Recreation Fees  Pauline Ketchum relayed the planning board recommended amending Section 308.2.4 Development Permitted by Type - Standards Which Apply for Recreation Fees language as  follows:    Recreation Fees: Recreation fees will shall be required on any new subdivisions subdivision or multi-family development subject to the Town's subdivision ordinance in the amount of$800.00 per. lot forar major subdivision (4 or more. lots) dedieated ptsminisntweet per unit for a multi-family development. The recreation fee shall be dedicated for parks and recreation use by the Town. wwaastd-wew weeflhe-develepmemt-hekamiefommisiOnes-eOgERes atsomerceretenepe mswwwaaw-tiwtw-w purpese. The Board of Commissioners may grant an exception to this policy ifthe developer demonstrates a willingness to construct an active recreation facility that will serve the needs of the community. All projects will need to meet the guidelines set forth by the respective permit a-lieuefpayment, at daafh-t.A X-wwHA-at mwdww Commissioner Hatch inquired ifthe $800 applies to past approved subdivisions orj just those going forward. Mrs. Ketchum responded the $800 has been in the ordinance SO it applies to past and future subdivisions. This amendment just change some of the language. No further comments. Mayor Parker closed the public hearing.  issuing authority.  pemitisuingauthoriy  Motion to approve the recommended amendment to Section 308.2.4 Recreation Fees language as presented was made by Commissioner Medlin, seconded by Commissioner Hines, voting  unanimous.  Mayor Parker called the meeting back into a public hearing. Chapter 93.99 Littering Ordinance Amendment ordinance to increase fines as follows: Section93.99 - Penalty  Pauline Ketchum relayed the planning board recommended amending Chapter 93.99 Littering  (A)(1). Any violation of any provision oft this chapter shall subject the violator to a civil  pamilypiniesumofasimaehwnssoperiw.  (a) A citation for said civil penalty shall be issued by the Police Chiefand/or his (b) Each citation for a civil penalty must be paid within 168-24 hours ofissuance. (2) Each and every day that the violator continues in violation shall be a separate and  police staff,  distinct offense.  (a) 1S'C Offense - $250 (b)2nd Offense - $500  (c)3d Offense - $1,000  (B)The municipality may also, and in addition, seek any and all appropriate equitable remedies, injunctions and/or abatement orders from the pprepHate-eeurteurtoreempetent  jurisdiclien-Johnston County Clerk of Court.    Police Chief Stephen Anderson inquired ift this was just for littering or other things. Mrs.  Ketchum responded it was: for littering only.  No: further comments. Mayor Parker closed the public hearing.  Motion to approve recommended amendment to Chapter 93 Littering; Section 93.99 - Penalty ordinance as presented was made by Commissioner Medlin, seconded by Commissioner Hardy,  voting unanimous.  Mayor. Parker called the meeting back into aj public hearing.  Chapter 99 Vard Sale Ordinance planning board as follows:  Pauline Ketchum presented a new Chapter 99 Yard Sale Ordinance recommended by the  Purpose  The purpose oft this ordinance is to establish the requirements for residential yard sales within the town limits and the extraterritorial jurisdiction (ETJ) of the Town ofl Four Oaks.  Definitions  The offering for sale to the general public of five (5) or more items of personal property on any  portion ofai residential lot whether inside or outside in any buildings.  Requirements  1. Yard sales may be conducted by an individual occupant of a residence, a coordinated group ofl homeowners within an established development, or a civic or religious organization for the purpose ofs selling household items for profit or for charitable 2. Yard sales shall be prohibited on commercially zoned properties and on vacant lots. This 3. Goods intended for sale shall not be stored 01 displayed in the front or side yards ofa  purpose.  excludes the 301 Endless Yard Sale Event, dwelling except on the day of the sale. 4. Yard sale is limited to the daylight hours. 5. Maximum frequency is two (2) days a month.  6. Yard sale signs shall be allowed to be put up three (3) days prior with removal of ALL Motion to approve the Chapter 99 Yard Sale ordinance as presented was: made by Commissioner Commissioner Hatch asked ifthis would cut out yard sales at the bank and on other commercial lots. After discussing, the conclusion was to change the proposed language above as follow: 2. Yard sales without the property owner's permission shall be prohibited on commercially zoned properties and on vacant lots. This excludes the 301 Endless Yard Sale Event. 3. Goods intended for sale shall not be stored or displayed in the front or side yards ofa  signs that day.  Hardy, seconded by Commissioner Hines.  dwelling the property except on the day of the sale.    Commissioner Hardy amended his original motion to include the updated language and  Commissioner Hines agreed to amend his second.  No further comments. Mayor Parker closed the public hearing.  Voting was unanimous.  Mayor Parker called the meeting back into aj public hearing, Clarification Amendment for Culver Avenue  Pauline Ketchum presented the following amendment for the Culver Avenue annexation as follows because she had been instructed by the Johnston County GIS department that the town needs to amend the annexation to include all ofCulver. Avenue entering off highway 301 through On May 18, 2020, the Town of] Four Oaks Board of Commissioners extended the corporate limits of parcel # 08111012G from two parcels into on parcel know as Austin-Parker Village When entering off highway 301 onto Culver Avenue which is between parcels 08111011Z4 & 0811011Y,Culver. Avenue continues into Austin-Parker Village LLC, parcel 08111012G. Parcel 08111012G was annexed in toj join parcels 08111012H & 08111013M that were already in the city limits. The reference for the plats can be found in plat book 90 page 255 with the most recent being plat book 92 page 403. The street name Culver Avenue goes straight into the new Austin-Parker Village LLC development and is included with the annexation that was filed. June  the Austin-Parker Village, LLC subdivision as follows:  a  LLC.  5, 2020 at the Johnston County Register ofDeeds Office. No further comments. Mayor Parker closed the public hearing. Medlin, seconded by Commissioner Surles, voting unanimous.  Motion to approve the amendment for Culver Avenue as presented was made by Commissioner  New Business - Continued  Recommendation for CDBG Grant Engineering Services Contract for Sewer Improvement Clerk Martha Garris explained that the Town advertised for procurement of the engineering services for the CDBG-Economic Development Administration (EDA) sewer project and received 2 qualification statement. Based on the review ofthe qualification statements, it was recommended to award the CDBG-EDA project engineering services to BRL: Engineering & Surveying subject to the Town being provided a schedule oft the use of any subcontractors including identification of personnel and with final price to be negotiated before executing the contract. Motion to recommend awarding the engineering services contract to BRL Engineering & Surveying subject to the Town being provided a schedule oft the use ofany subcontractors including identification of personnel and with final price to be negotiated before executing the contract was made by Commissioner Hardy, seconded by Commissioner Medlin, voting  Project  unanimous.    Commissioner Hatch inquired about putting the one-way street signs up on Bandy Street. The one-way street will run from Church Street to Massengill Street. Public Works Director Barry  Stanley willl be getting the signs up soon. Mayor's Comments  Mayor Parker thanked the board and staff. The Town has accomplished many things thru  COVID and hasn'tsuffered like some other towns.  Department Reports Police - Hatch  Commissioner Hatch turned it over to the Police Chief. Chief Anderson read the monthly police report( (attached). Chief. Anderson informed the board that the lifters are stuck on. Lieutenant/ K9 Handler Lebow's car and he's trying to make it last until July. Without the K9 unit, K9 Dome would have to go out ofs service and ifo out more than 2 months he would have to go through training again. Commissioner Surles inquired if thej police had been patrolling near  Forest Hills and Chiefresponded they have. Parks & Rec and Outreach - Hines  Commissioner Hines reported the Civitan had started baseball and softball programs back up and asked the board to consider donating $1,000 to the Civitan to help with the spring youth programs since they have lost money over the past year due to COVID. The Board agreed to give $1,000 to the Civitan from the Town's parks and recreation budget.  Waterand Sewer- - Medlin water and 6% gain for sewer. Sanitation & Streets  Commissioner Medlin read the water and sewer report (attached). Water had: revenue of$20,035 and the sewer had revenue of $24,288. The 12-month daily average per gallon was a 6% loss for  Commissioner Surles reported: (1) sanitation and streets; (2) he commented he was glad the town is addressing the littering issue; and (3) still need rocks at the pond near Forest Hills. Barry Stanley commented waiting on it to dry out and someone is coming to take care of.  Finance - Hardy  Commissioner Hardy and Clerk Garris reported: (1) we have been looking at online payment options and have decided to use. Invoice Cloud which integrates with Southern Software, our website will have a link for residents toj pay their bills, residents will be able to register on a portal to get notifications and for paperless bills, and it will save the town money in the long run with a lot of options; and (2) we are in the process of updating the town's website and can do a demo when ready. Commissioner Hardy read the financial report (attached) with total funds of $2,034,484 and made a motion to approve the February payables listed in the attached report, Commissioner Hatch inquired ift the town was doing a graduation parade this year. Commissioner Medlin responded we don't know about the graduation parade but will have itif need to. The high schools are still determining what they are going to do. He reported that on March 23 the Town will sponsor the SJHS Homecoming parade at 6:00 pm and show the movie Remember the Titans, in the Barbour's Grove Park at dusk. Food trucks will also be in town.  seconded by Commissioner Medlin, voting unanimous.    Mayor Parker suggested, ifwe do host the parade, using the Pavilion stage for graduation and calling out names as graduates walk across the stage. He also suggested we may consider  hosting an gth grade awards day. Executive Session  Motion was made by Commissioner Hardy, seconded by Commissioner Hines to move out of regular session and into executive session to discuss economic development matters for the  Town ofl Four Oaks Development Corporation, voting unanimous.  No motions were: made  Motion was: made by Commissioner Hardy, seconded by Commissioner Medlin to move out of  executive session and into regular session, voting unanimous  Adjournment  With no further business brought before the Town Council, motion to adjourn at 9:15 p.m. was made by Commissioner Hardy, seconded by Commissioner Hines, voting unanimous.  ATTEST: Martha  A Linwood Parker,   Mayor  Movb Garris, Town Clerk