TOWN OF GARLAND TUESDAY, OCTOBER 3, 2023 6:30 PM  REGULAR MEETING OF THE BOARD OF COMMISSIONERS  The Regular Meeting of the Board of Commissioners oft the Town of Garland was held at the Garland Town  Hall in Garland, N.C. on Tuesday, October 3, 2023, at 6:30 pm.  The following members of the Board of Commissioners were present:  Mayor Austin Brown Mayor Pro Tem Carolyn R. Melvin Commissioner Barbara A. Peterson Commissioner Ralph Smith, Jr. Commissioner Haywood. Johnson Commissioner Jo A. Strickland  Also present: Town Clerk. Jennifer Gray, citizens Marshall Thornton, Janice Thornton, Wendy Taylor, Bob  Graczyk, Jamie Harper, Shaunal Harper, Adam Smith, and Antonio Garcia.  CALL TOORDER  Mayor Brown called the meeting to order at 6:30 pm and welcomed everyone in attendance. Town Clerk,  Jennifer Gray, was present and recorded notes fori the minutes. Mayor Austin Brown led everyone int the pledge of allegiance. Mayor Pro-Tem Carolyn Melvin offered thei invocation.  PLEDGE OF ALLEGIANCE INVOCATION QUORUM  Mayor Austin Brown and Clerk. Jennifer Gray established there was a quorum present.  APPROVAL OF AGENDA item be added to the agenda.  Mayor Brown requested board members review the agenda for approval. It was requested that thei following  * Commissioner Ralph Smith would like to add Ultrasonic Meters under Public' Works.  Commissioner Barbara Peterson made a motion to approve the agenda with said changes, seconded by Commissioner Ralph Smith made ar motion to enter al Public Hearing in regard to Rezoning Ordinance RZ23- 001. Mayor Pro-Tem Carolyn Melvin seconded the motion, and the motion was carried unanimously.  Commissioner Ralph Smith and the motion carried unanimously.  PUBLIC HEARING  Haley Hogg with Mid Carolina COG addressed thel board. Haley reviewed the rezoning application on the town's behalf. A copy of the staff report was placed in each commissioner's packet. The applicant was present, Mr. Marshall Thornton. Mr. Thornton is requesting a rezoningi fort the separate property highlighted in the map provided. The property is located off of Dick Street. He's requesting ar rezoning fromi industrial to  Page 1 October 3, 2023 Minutes    R85. It's currently zoned industrial. On the second page oft the staff report, you have an adjacent property or a map showing the adjacent properties and how they are also zoned. You also havet the subject property highlighted andy you can see what color changes and how it would mixi in with the existing properties around it.. Just to put thingsi in context, across the street fromi this property is all zoned residential: as well. The adjacent properties are also zoned industrial. One oft them has a single-family! home on it, but it's not conforming to use because it's residential use in an industrial district. He is requesting to rezone to R85, which is exactly what's across the street. from this property. Sol based on analysis, after reviewing the adjacent property zoning categories, after reviewing zoning ordinance and also comprehensive plan, we found it to be a compatible zoning category, to be rezoned to fort the: site. There was a planning board meeting last month. The planning board members did recommend denial on the project. There are: some concerns about the uses permitted in the zoning district that Mr. Thornton is requesting to go to. Currently defined as warehousing, mixed industrial, industrial heavy commercial, he can do auto repair, a warehouse, anything like that with no board approval, just submit a permit application and as site plan. Those uses are permitted currently. If he resigns to R85, which is what has been requested. Mr. Thornton is permitted to do single family residential, park use, church, manufactured home, either a double wide or single wide located on individual lots. There can't be a manufactured home park, it would have to be individual lots. The R85 zoning district must meeti the minimum standards andi those standards are 100-foot lot width, 10,000: square feet blocks, and then the setbacks would be 501 feet front, 101 feet side, 101 feet rear. This propertyi is about 5.2 acres. Mid Carolina COG is recommending approval just because it was found tol be consistent with the surrounding land uses and compatible uses. The planning board recommended denial. We're having a public Mr. Marshall Thornton addressed the board concerning the sale of the property. He informed the board that he would have it drawn upi in the deed that only two! homes would be allowed on the property.  hearing 501 that at final decision can ber made to approve or deny the application.  The board discussed the zoning request.  Commissioner Ralph Smith made a motion to close the Public Hearing. Commissioner Haywood. Johnson Commissioner Haywood. Johnson made a motion to adopt Ordinance 2023-10-01. The motion was seconded by Commissioner Barbara Peterson. The motion passed 3-2. Commissioner Haywood. Johnson, Commissioner Barbara Peterson and Mayor Pro-Tem Carolyn Melviny voted yes. Commissioner. Jo Strickland and Commissioner Ralph Smith made a motion to enter al PublicH Hearing. Commissioner Haywood. Johnson Haily Hogg with Mid-Carolina COG stated, there is a specific ordinance amendment was for a campground use. We hads somebody reach out two months ago because they wanted to open a campground in ETJ, ini the RA: zoning district. Right now, thei town's ordinance doesn't allow for the use ofa a campground. The board directed MCCOG to work on an ordinance amendment to allow the potential fors somebody to operate a campgroundi in this district. We did add: some language in here. 'm not going to read it word for word for you, but we did add definition for campgrounds. It has been added that it would only be permitted. asa special use permit. We will have to come back to thel board to be permitted on ani individual case by case Commissioner Ralph Smith made a motion to close the Public Hearing. Commissioner Haywood. Johnson  seconded the motion, and the motion was carried unanimously.  Commissioner Ralph Smith. Jr. both voted no.  seconded the motion, and the motion was carried unanimously.  basis and onlyi in the RA: zone district because that's your more rural ETJ district. seconded the motion, and the motion was carried unanimously.  Page 2 October 3, 2023 Minutes    Commissioner Ralph Smith made a motion to adopt Ordinance 2023-10-02. Commissioner Barbara Peterson  seconded the motion, and the motion was carried unanimously.  No one: signed up for Public Comment. COMMISSIONER REPORTS FINANCE  BVA & A.P. Check Listing: Clerk Gray provided the listingf for both. Mayor Brown made comments about budget linei items that need to be reviewed for budget amendments. Clerk Gray gave an explanation of the Credit Card Purchases: Clerk Gray explained that most credit card purchases have been for tools and items to make repairs around town. More truck repairs are needed for one of thet town vehicles. Mayor Pro-Tem Southern Bank CD: : Clerk Gray addressed the board about usingt the Money Market Funds to replace the roof at town halli to offset the cost outside of the normal appropriated budget fort town building repairs. Commissioner. Jo Strickland made a motion to not put the Money Market funds ina a CD and use it fori roof repair. The motion was seconded by Commissioner Barbara Peterson and the motion was carried 4-1. Commissioner Ralph Smith, Commissioner Barbara Peterson, Commissioner. Jo Strickland and Commissioner  checks distributed throughout the month.  Carolyn Melvin requested copies of receipts for credit card purchases.  Haywood. Johnson votedy yes and Mayor Pro-Tem Carolyn Melvin voted no.  Envirolink Invoice:  Commissioner Ralph Smith made comments pertaining toi thet fines and invoice that the town has on file for payment or has already been paid. He expressed concern about Envirolink remaining with thet town and fines continuing tol be assessed based on their poor job performance for thet town. Commissioner Smith recommended that the town terminate the contract with Envirolink, seek other help and have the Mayor Commissioner Ralph Smith made ar motion that the town deny paying the invoice, terminate the Envirolink contract and have the mayor contact the attorney to sue Envirolink for the breach of contract. Commissioner  turn this over to the town's attorney Alan Maynard.  Jo Strickland. seconded the motion and the motion was carried unanimously.  BULDINGS/CEMETERY  Commissioner Carolyn Melvin made a motion tot table the roofing project until the next meeting. The motion was seconded by Commissioner Haywood. Johnson. The motion dies with a 3-2 vote. Commissioner Barbara Peterson, Commissioner. Jo Strickland, Commissioner Ralph Smith voted no. Commissioner Haywood Johnson and Mayor Pro-Tem Carolyn Melvin voted yes. The motion dies for lack of majority vote. Commissioner Ralph Smith made a motion to approve Danny Odom roofing to replace thet town hall roof based on the quote provided with warranty in place. Commissioner. Jo Strickland: seconded the motion and the motion was carried 4-1 with Commissioner Jo Strickland, Commissioner Ralph Smith, Commissioner Barbara Peterson and Commissioner Haywood. Johnson voting yes and Mayor Pro-Tem Carolyn Melvin voting The old ABC: Store. sink continuously being clogged was addressed. It was stated that the old ABC lease stated  no.  "asi is" and the town is not responsible for repairing the building.  Page 3 October 3, 2023 Minutes    PARKS ANDI RECREATION  Thet fence at the softball field was discussed. Clerk Gray stated that with the audit and several other projects Commissioner Ralph Smith made a motion to table Fence Funding until the next regular meeting. Commissioner Jo! Strickland seconded the motion, and the motion was carried 3-2. Commissioner Haywood Johnson andi Mayor Pro-Tem Carolyn Melvin voted no. Commissioner Barbara Peterson, Commissioner. Jo  going on at thet time, she has not been able to review the budget fori fence funds.  Strickland and Commissioner Ralph Smith all voted yes.  STREETS  Commissioner Haywood. Johnson stated that the Streets Department was in great shape, and everything  looked good around the town. PUBLIC WORKS- - WATERSEWER/SARBAGE  The need for Ultra Sonic Meters to replace the current meters for Sampson County water was discussed. It was decided that installing new meters would benefit thet town based on the age and loss of water revenue. Commissioner Ralph Smith made a motion to allow clerk Gray to find the money and purchase the Ultra Sonic Meters. The motion was seconded by Commissioner Haywood. Johnson and the motion was carried  unanimously. SAFETY  Commissioner. Jo! Strickland addressed the board regarding the Senior Citizens Building and the softball fields. Deputies are patrolling more: around those areas to make surep people are not there after hours.  OLD BUSINESS None NEW BUSINESS Code of Ordinance Update:  Kimberly Moffitt with the Mid Carolina Council of Government provided an update on the Code of Ordinance project she has been working on. The Code of Ordinance project, which started in March or Aprilwas brought about due to Code of Ordinance not being codified since 2005. Codified simply means that the Code of Ordinance has not been updated with any amendments or changes that were made toi it. Since that time, she started to read through minutes, and to date, has read through 20051 to 2018. Pages and pages of amendments have been made. Unfortunately, they have not been made properly, because wheni they are made, they are supposed to bel by ordinance. So unfortunately, there's not al book to go back to, pull that language and update the code. Additionally, with that, it was found in some of the minutes, thel language is not even included as to what the changes were going to be. Those are: some of thei issues that the town is facing. There are: still four years to go through. Ms. Moffet will come back to the board with af fulll list of all the amendments that have been adopted, even though they were not adopted properly.  Page 4 October 3, 2023 Minutes    MINUTESAPPROVAL  Regular Meeting- September 5, 2023  Commissioner Melvin recommended corrections be made toi the September 5, 2023 Regular Meeting minutes. Commissioner Smith made a motion to adopt the minutes with suggested changes, the motion was  seconded by Commissioner Peterson, and the motion was carried unanimously.  ADJOURNMENT  With there being nothing further to discuss, Commissioner Ralph Smith made a motion to adjourn, Commissioner Haywood. Johnson seconded the motion. The motion carried unanimously. The meeting was  adjourned at 7:43 pm.  Duly adopted this the 14th day of November, 2023 while in regular session.  Mayor Pro Tem  ATTEST:  Shilas  A  ray Shaurd tapper Clerk/Finance Officer  Town  SAP VNDA &eh  SARLAN  Page! 5 October 3, 2023 Minutes