Town ofN Mocksville Regular Board Meeting April2,2024  The Town of Mocksville Board of Commissioners met for the Regular Board Meeting on Tuesday,  April 2, 2024 at 6:00 p.m. at the Energy United Building located at 182 S. Salisbury Street.  Present: Commissioners Present:  Mayor, Will Marklin Jenny Stevenson Johnny Frye Rob Taylor Justin Draughn Carl Lambert  Absent:  Others Present: Ken Gamble, Town Manager AIl Benshoff, Town Attorney Lynn Trivette, Town Clerk Chris Vaughn, Parks and Grounds Director Rana Gaither, Administration Specialist Lead Renee Bradford, Community Development Assistant Frank Carter, Fire Chief  Mayor Marklin called the meeting to order.  The Town ofl Mocksville Board paused for a moment of silence. Mayor Marklin led the Pledge of Allegiance. Conflict of Interest Statement  "Pursuant to NC General Statutes and the Town of Mocksville Code of Ethics Policy adopted November 9th, 2010, amended of] Jan. 6, 2019 and further endorsed on August 9th, 2022, I would ask each of you before you adopt the agenda if there is any actual, potential, or perceived conflicts ofir interest with respect to any matter on the proposed agenda which will come before the Town Board of Commissioners for consideration and/or decision at this meeting. Ifso, please speak  up and let the Board know at this time before the agenda is adopted."  Adoption of Agenda  A1 motion was made by Commissioner Lambert to adopt the agenda as written. The motion was seconded by Commissioner  Taylor which carried by a manimous vote 5-0.  Citizen Comments  Mayor reads; Under GS section 160A-81.1, the Board shall provide one period for public comment per month. Public comments are a valued part oft the Board meeting but we also have to handle monthly business items. Ifyour public comment is not heard this month we provide the same opportunity at each month's Board meeting. Public comments are limited to 3 minutes per comment. The Mayor asks that groups appoint spokespersons for groups supporting the same    position, especially when the number of people wishing to attend the meeting exceeds the capacity ofTown Hall. When the comments become repetitive and no longer provide new information then discussion fort this meeting may bes stopped. As at reminder, the comment period is not a question and answer session. As always, thel Mayor shall provide for the  maintenance of order and decorum in the conduct ofthe comment period.  No one spoke.  Public Hearing Requested for Annexation from Anchor Properties of Raleigh, LLC for Lots 46-47 and 51 Sain  Road (County Parel-H6-00-00-015 and H6-000-00-007). Potential for development.  Johnny Easter addressed the Board. TOM24-H6-0015 LREQUEST Sain Road.  Anchor Properties of Raleigh, LLC has requested rezoning ofapproximately. 37 acres from Davie County (RA) Residential Agriculture to Town of Mocksville (NR-C) Neighborhood Residential Conditional. The: subject properties are located off  II. PROJECT LOCATION parcels H600000007 and H600000015 IIL.PROJECT PROFILE  The subject properties are located off Sain Road. The properties are further described as Davie County tax  DAVIE COUNTY PIN: H600000007 and H600000015  ZONING DISTRICT: RA  LAND USE: PLAN: Rural Residential WATERSHED: N/A  CROSS REFERENCE FILES: N/A  APPLICANT: Anchor Properties of Raleigh, LLC PROPERTY SIZE: Approximately 37 açers CURRENT LAND USE: Vacant  PROPOSEDI LAND USE: Residential  IV. PROJECT SETTING-SURROUNDINGZONING DISTRICTS AND LAND USES  DIRECTIO LAND USE  ZONING RA RA RA  N North East South  Residential Residential Vacant    West  RA  Residential  V.ZONING MAP  VI. AERIALMAP  1543  451  RA  VIII. LAND USE/ ZONING HISTORY  Proposed Zoning  Thel Neighborhood Residential district isi intended to provide for residential infill development surrounding the traditional town center and its logical extensions. A range ofhousing types is encouraged and it is envisioned that low-intensity business activity will accompany residential development and willl be located in mixed use  buildings designed and constructed at a residential scale.  Mocksville Land Use Plan  The Town of Mocksville Comprehensive Plan provides a clear and compelling vision for the future growth and well-being of our community. The 2019 Plan looks at past and current development trends and plans, analyzes demographic and economic data, gathers al broad range of community values and desires, and provides a shared vision for our future anda a set ofrecommended goals, objectives and strategies to achieve this vision. Thel Plan provides a framework for decision-making and the allocation oft resources related to the long-term growth and development of Mocksville. Thel Plan builds on existing assets while taking advantage of opportunities for improvement and growth. The Plan will be implemented through annual  budgeting, departmental work programs, zoning decisions, and development projects. The Land Use map classifies this property with the land use category of Rural Residential.  The Mocksville Comprehensive Plan states:  Facilitate steady managed growth in the most appropriate places while carefully preserving environmentally sensitive areas, especially along stream corridors, for water quality and natural resource protection and to provide Use the Future Land Use Map (Figure 25) and Existing Zoning Map (Figure 19) to encourage managed growth compatible with the Town's character, surrounding land uses, available infrastructure and services.  recreational amenities and greenway trails.    Facilitate steady, managed growth, locating new development in the most appropriate places to foster a sustainable land development pattern that complements the character of our Town, while preserving and enhancing our valued Require new land development to coincide with our ability to provide adequate public services and infrastructure Provide a wider selection ofhousing options and price ranges to help our older generation age in place and toi retain Preserve and enhance existing residential neighborhoods while striving to provide a wider variety ofs single-family and multi-family housing options and price ranges to best serve the needs of our growing community.  historic, cultural and natural resources and open space as we, grow.  (e.g. water, sewer, roads, parks & open space) and attract younger generations.  IX. PLANNING STAFF Recommendations  The Town ofMocksville Comprehensive Plani identifies this area asal Rural Residential Growth Area. Based upon  this the Planning Staff is in favor of the proposed zoning map amendment.  X. PLANNING BOARD RECOMMENDATION thel NR district with the following conditions. Will not exceed 2 units per acre. Developer will provided 17% open spaçe Single Family Dwellings only  Asa a Conditional use rezoning the Planning Board shall not consider the specific use of the property but all possible uses in  20' undisturbed buffer on the north, west and east sides of the property The Board should consider the following in making its recommendation: The property's potential for a single family residential site. The property's location and surrounding zoning & property uses.  Whether the proposed reclassification is consistent with the purposes, goals, objectives, and policies of Whether the proposed reclassification is consistent with the overall character of existing development in  adopted plans for the area.  the immediate vicinity of the subject property. Johnny asked thel Board to approve with conditions, deny or defer.  Town Manager addressed the Board.  The request for annexation will benefit the Town of Mocksville by adding 38+1- acres of residential property to the Town valued at approximately $234,400 undeveloped. The proposed seventy-four (74) single family homes will add an estimated $29,600,000 int tax base ($85,840 in Revenues) and help to address ai recognized housing shortage in Davie When considering annexation thel Board should also be confident that there is sufficient water and sewer capacity, the Town can deliver public safety services to the location and infrastructure can support development. We also need to consider any impact annexation oft the property would have on the Cornatzer-Dulin Volunteer Fire Department. Finally,  County.  daily operational concerns should be noted. Water & Sewer Capacity  The Town will require the developer to extend a sewer line from the property to be annexed to the Elisha Creek outfall. All costs for obtaining the necessary easements, construction and connection to our system will be borne by the developer. Chuck Willis has confirmed that Dutchman's Creek WWTP has capacity tol handle the increased flow requested. In fact,    when the Brakebush project is completed our capacity at Dutchman's Creek will almost double. The development will be  served by Davie County water sO there will be noi impact on the Hugh Lagle WTP.  Public Safety Services  The Town contracts with Davie County Sheriff's Department and they already serve the location. Annexing thej property willl have no impact on law enforcement services. The Mocksville Fire Department has full-time 241 hour staffing, a ladder truck, other fire apparatus, and hold the following certifications: Technician Level HazMat (Only HazMat Certified FDi in the County), Confined Space Rescue, Agriculture & Heavy Machinery Rescue and Heavy Rescue. Therefore, the Town has adequate staffing, equipment, training and capacity to serve a future residential neighborhood at the property. Thej property will be accessed off Sain Road, an NCDOT maintained two lane road. The developer willl be required to obtain an NCDOT driveway permit in order to connect to Sain Road and make any improvements required.  Infrastructure  Financial Impact to Cornatzer-Dulin VFD  The annexation will have absolutely no impact on Cornatzer-Dulin VFD funding. Only 3.54 acres of the 38 acres being considered for annexation are in the Cornatzer-Dulin VFD district. This 3.54 acres generated $9.38 in fire tax revenues in 2023 based on a tax value of$23,440 (Entire District Value  $163,690,707) provided by the tax office. Thel Davie County Commissioners set al base budget for the fire departments. Ifthe fire tax generated in the district is below the base budget, then Davie County makes up the difference. Any future development on the property will be subject to full ad valorem taxation by Davie County. Therefore, there willl be no "loss" oft funding to either Cornatzer-Dulin VFD or Davie County if the property is annexed and developed as planned. Per North Carolina General Statute 160A-58.2A, Ihave requested debt service information from Cornatzer-Dulin VFD which willl be the basis for determining ifa any additional financial payment by the Town is required. Due to the extremely low value of the land (0.01432% of District Value) this responsibility, if  any, will be negligible. Operational Concerns  The primary operational concerns are seasonal. Once the development is built out the Town will be providing leaf pick-up int the fall and snow plowing during winter storms. Town staffwill need to travel through unincorporated areas on Milling Road and Sain Road to provide these services. This could cause some confusion for county residents. However, the proposed entrance to the development is only 1.4 miles from town limits at Elisha Creek Drive. Staff will need to access As manager, I do not see any drawbacks to the requested annexation and have noted many benefits. I recommend that the  the development every two months for meter reading as well.  Board approve the annexation as requested.  Board questions about street lights, street maintenance and lots.  Town will maintain street lights.  They have one year to development the streets to NCDOT standards and then petition for the town to adopt the  streets.  The left side oft the sketch shows a large lot. Commissioner Draughn questioned the number of units.  Mayor opened the public hearing for comments in favor of or against. (6:16pm)  In favor of: Jeremy McCall presented a sketch that showed the 20 undisturbed buffer around the outside to protect the view from the neighbors; the large area at the bottom will be dedicated to open space 17% and long entrance into the site  that is hidden behind the property owners and Sain Road.    The left side of the sketch is just al large lot. those minimum lots sizes required by NR.  75 lots  Site plan has not been approved; may lose one or two lots (turn radius at kurtisacks) because they have to maintain  PRELIMINARY: SKETCH SAINE ROAD NR:  (17% OPEN SPACE)  Against: none  Mayor closed the public hearing. (6:19pm)  Commissioner Draughn questioned Johnny; is the twol houses per acre based on the whole 38 acres?. Johnny says that is correct. NR has a density requirement of41 houses per acre; OSR has a density requirement of2 houses per acre; they want to take lot dimensions, lot set-backs from the NR and apply the density requirements for OSR; that is where the difference is. NR allows for more dense and more units but they are. just asking for two units per acre. It will be less dense. They cannot go under 10,000 square foot. No residential lot size only density requirements for the houses and the width is there. A1 motion was made by Commissioner Lambert to approve the annexation ordinance; lots 46-47 and. 51 Sain. Road, Mocksville; and assign zoning district Town of Mocksville (NR-C) Neighborhood Resilential-Condltional: specific use of the property will not exceed2 units per acre, developer will provide 17% open. space, single family dwellings only and 20' undisturbed. buffer on the north, west and east sides of the property; the amendment is consistent with all applicable adopted plans andj finds the request to be reasonable and in the public's interest; as it meets many of the Land Use Plans goals and objectives; there is existing residential. zoning near the site; and that it enhances the quality ofl life in Mocksville by managing future growth in ai manner that encourages well plamned, high quality development and services that meets the needs of the citizenry and builds upon the community 's. small town character. The motion was. seconded by Commissioner, Frye with Commissioner Draughn voting agains! which carried byai vote 4-1.  They have to maintain the set-backs.  Communications from Boards, Commissions & Agencies Proclamation Recognizing International Firefighters' Day Proclamation Recognizing National Day of Prayer    Mayor recognized or read the proclamations above.  Habitat for Humanity Presentation -Jessie Elmore What Have We Been Up To?  1sth home completed 2023-22024 and expect to start on another home 2024-2025. Opened the new Restore in Advance and now: starting on the 2nd home.  Critical Home Repairs  Accessibility Decknandrallstars Ramps Ext. Doors Flooring issues Roofs Weatherization Unsafe systems Plumbing Electrical HVAC  Since its inception in 1994, the Urgent Repair Program ("URP") has become a key component int the tool kits ofa wide variety ofl housing organizations within North Carolina. The Program has received special recognition on two different occasions from the National Council of Statel Housing Agencies. To date, the Agency has committed close to $78 million in URP funds to organizations like yours to assist over 17,816 very-low income homeowners in all 100 counties, with participation by 186 different organizations. We're very proud oft that record. URP has been used in the past by local governments and regional councils of government to complement their CDBG- and HOME-funded comprehensive rehabilitation programs by providing a resource for treating homes that may have been deteriorated beyond the point that they are feasible for comprehensive rehabilitation, or for treating homes that needed temporary measures while funding for a more complete reconstruction was pending. URP has been used int the past by local governments and regional councils of government to complement their CDBG- and HOME-funded comprehensive rehabilitation programs by providing a resource for treating homes that may have been deteriorated beyond the point that they are: feasible for comprehensive rehabilitation, or for treating homes that needed temporary measures while funding for a more complete  reconstruction was pending.    The average URP cost per unit has increased through the years, the 2022 calendar year average was still just $8,257, a small fraction of the cost ofi institutionalization when homeowners leave their homes. Of the total, $7,708 went to the hard costs of construction. The remaining $690 per unit covered program The Agency initiated the Urgent Repair Program in 1994 ini response to years of feedback from local governments and nonprofits who stressed the need for funding to address emergency needs for housing repairs and modifications that might allow very low-income homeowners to remain safe int their own  support expenses, evincing a very cost-effective delivery system.  homes, independent ofi institutional care.  How can the Town of Mocksville help?  Partner to build out Critical Home Repair Program limit, must own the home etc.) Apply for Critical Repair funding Intake applications/send referrals tol Habitat  Determine the needrequirements for applying (65+, income  Code Enforcement Update -Bob Dewitt Alliance Code Enforcement  Projects Discussed:  9001 N. Main Street -it has been a year and it is actively being worked on by the owners and the progress iss slow. The paint and the work is continuing and the trash has been cleaned up. Now they are working toward more of the structural issues like the roof which has temporary patching on it. Gutters are most This is all over the County. I really applauded you as a Board and with Ken's! help that we: are able to strategically decide where we want to go on these the bigger projects. My goal is to put you in aj position where you have the final say on what happens. You can decide whether you want to give them more time Important locations especially with people coming into town. There are 3 houses we are getting ready to do appeals on that look bad as you come into town. On the North side there is a house that trees are growing around it and the porch is falling in but iti is a family owned home. Wheny you have more family What] Iwould like to doi is get those houses that are critical condition; the ones that get a first look coming into town and put the Board in aj position to make any final decisions. Once an ordinance is in place you 148 Foster Street we. just abated this; a junk pile in the backyard and they got the first letter; thej junk pile continued to grow with brush then an entire house (torn down) was dumped int the backyard. The contractors met with the former home owner (down the street) and talked them into paying him some money saying he would take care of getting rid of the pile. Estimated cost to remove closed to $7,000 (for 7loads). The town had to get Lackey'st to take care of the pile $3,000 (for 3 loads) did not turn into a lien because the new owner did not have notice. Iam working on several houses on Foster Street and at the  likely 100 years old.  or take another step.  on the deed/will it takes longer to fix when they all do not agree.  can decide how you would like to deal with thei issues.  April 2, 2024    end of Spruce Street (all abandoned). Sending letters and then hearing notices. Then you decide where you want to go from there after the ordinance is created. Timing is everything and following up. We are ready for mowing season; have a mower that has been used before and have figured out invoicing  with town staff.  The Board is happy progress is being made.  Second Budget Draft FY: 24-25- Town Manager Presentation  General Fund 2nd Budget Draft  Balanced Budget Boards Priorities Board Priorities Update Zoning Ordinance & 2019 Comprehensive Plan  No Increase to Properly Idenlify & Fund New  Tax  Sidewalk Projects  Note: Updated. Zoning Ordinance is going to cost moret than I originally anticipated $100,000 will do an Note: Avgol tax incentive $176,990 will not take place this year sO this will help fund new sidewalk  RFP; so the Comprehensive Plan can be budgeted for next year.  projects.  Property Taxv Vs. Ady Valorem Growth P1C Generales- $250,000inAd $113,755 $250,000>2%.c 586206,897inlax  Valorem Growth Basev Valve  No property tax increase this year but this is an example of an increase.  April:2,2024    Fire Department 2FT Positions Vacant for 1 Year Using all advertising available. Only 1 qualified applicant. Have changed work schedule ine effort to attract applicants. Raise starting salary from $38,474.001 to $44,538.86  The 2.5% raises for part time employees have been added in the 2nd draft including 3 employees in parks Republic Services RFP: increase was 12%- - CPI annual increases-5-year contract (fuel costs, wages and truck replacements); but this budget year the citizens will not endure any increases. Law Enforcement contract renewal increase was 10%; 5-year contract and 3% annual increase on years 2- 5; (ammunition, body armor, vehicles and personnel salaries); budgeted in 2nd draft.  and grounds.  Energy United Building added al line item for maintenance.  Enterprise Fund Balanced 6% water increase 15% sewer increase  Raftelis will present rate increases at the May meeting.  Moved dump truck from GF to Enterprise Fund because that is where iti is used more. Pump repairs have been aj problem this year so increased the line item. New houses coming we will need more: meters sO line item was increased.  Electricity  With Brakebush there comes a cost; even though over! % of the capacity at the WWTP will be freed up; DC customers will bej processing that sewer (500,000 increased line item) going online  in. June. Iamt trying to negotiate with DC on al bulk sewer rate.  SnapShot  Expendilures- $5,347,577 Waler- Sewer- $880,000 $300.000 Erghneengfees- $5.000 00.000 Contracts/ surance $55,850  April2,2024    Increases by Department  Water  Sewer  30-8100-1305 (Electricity)- $7,200 30-8100-1600 (Pumps) - $30,000 30-8100-1700 (Vehicles)) - $3,000 30-8100-3300 (Meters)- $20,000 30-8100-7700 (Dump Truck) $40,000  30-8100-1381 (Electricity)- -$13,000 30-8110-1600 (Pumps) $30,000 30-8110-4500 (reatment): -$472,290  Staff Requests  Water 2a1$114,000 Projected 37%I Increase ofl Meters1 in System ITwo! ManT Team Needed  Sewer 1at$57,000 Train ton runv WWTP Envirolink Contract Expires 2026  Consent Agenda  A motion was made by Commissioner Lambert t0 adopt the consent agenda as presented. The motion was seconded. by Commissioner Stevenson which carried by a unanimous vote of5-0. Items approved were: (A). March 5, 2024 Regular Board Meeting and Closed Session (B) Monthly. Financials (C) Tax Releases  and (D) Contribution Based Cap Report.  OLD BUSINESS NEW BUSINESS  Consider Approving Amendments in the Memorandum with The Brough Law Firm, PLLC Lynn Trivette addressed the Board. Thel Brough Law Firm wants you to consider their request to increase their fees. The per meeting fee will increase from $750 to $800; the hourly rate is a choice:  July 1,2024.$230.00 July 1,2 2025$240.00 or 24-25 and 25-26$ $235.00 Irecommend 24-25 and 25-26$235.00.  April2,2024    A motion was made. by Commissioner Draughn to approve the 24-25 and. 25-26 in the amount of $235.00 per hours and $800 per meeting. The motion was. seconded by Commissioner, Stevenson which carried by Consider Adopting Grant Project Ordinance 2024-2 to Improve and Enhance Downtown Lynn Trivette addressed the Board. This ordinance is to establish al budget for thej projects described to improve and enhance downtown Mocksville for its residents and visitors. The State Directed Grant is AI motion was made by Commissioner Lambert to adopt the grant project ordinance 2024-2 in the amount f$4,900,000. The motion was seconded by Commissioner. Frye which carried by a unanimous vote. 5-0. Consider Approving Agreement With NCDOT For Pedestrian Crossing Improvements at N. Main Town Manager addressed the Board. This Project consists of upgrading Signal #09-0333 (US 158 at Gaither Street (Non-System)). NCDOT will upgrade to include mast arms and pedestrian heads and push buttons. NCDOT will develop plans and construct the new: signal upgrade and A. motion was made by Commissioner Draughn to approve the agreement with NCDOTf for pedestrian crossing improvements at N. Main. Street (Hwy 158) and Gaither Street in the estimated amount of $302,000. The motion was seconded. by Commissioner Taylor which carried by a unanimous vote 5-0. Town Manager addressed the Board. The Town has received an unsolicited offer to purchase real property owned by the town as lot 108 +E P/O 109 Sanford; legal description (DC parcel identification number (PIN)04040G0019) in the amount of $6,000.00, submitted by Victor Ramirez and has paid the required 5% deposit. The Board will need to adopt the resolution to accept the offer and to direct the A motion was made by Commissioner Taylor to adopt the resolution and accept the $6,000oferfrom Victor Ramirez property pin (J4040G0019 t0. start the upset bid process. The motion was secondedi by  ai unanimous vote. 5-0.  $4,900,000: and the amounts appropriated for the projects are $4,900,000.  Street (HWY 158) and Gaither Street  modify sidewalk ramps in the estimated amount of $302,000.  Consider Adopting Resolution for Selling Property by Upset Bid  Town Clerk to publish the proposed sale sO the upset bid process can begin.  Commissioner Draughn which carried by a uanimous vote 5-0.  Consider DCSO Law Enforcement Contract Renewal FY24-25 thru FY28-29 Town Manager addressed the Board. The biggest factor is inflation and adding more staff. Itis understood and agreed that the year one cost ofthis Agreement renewal to The Town shall be Iti is understood and agreed that on. July Ist ofy year two through year five there will be a 3% fixed annual The Town will pay the $8,000.00 event security fee with the first quarter billing each year. Note: (The Town and DCSO amended the "Interlocal Agreement" on May 2, 2023, to add Halloween to EXHIBIT A and increase the annual contract cost by $8,000 to pay for additional "off duty" security and  $1,485,000.00 cost increase.  April 2, 2024    traffic control for Town and Tourism Development Authority (TDA) events not included in EXHIBIT. A The term of this contract renewal agreement is 5years commencing from July 1, 2024, and ending on A motion was made by Commissioner Lambert to approve the renewal contract with DCSO;first year in the amount of81,485,000 and. 3% annual increase for years 2-5 ending. June 30, 2029. The motion was  oft the 2021 Contract in the base contract price)  June 30, 2029.  seconded. by Commissioner Taylor which carried byat nanimous vote. 5-0.  Communication from Town Staff Town Attorney Al Benshoff: N/A Town Manager Ken Gamble: N/A  Communication from Mayor: and Town Board  Commissioner Lambert: N/A  Commissioner Taylor: Thanks to the Commissioners that were able to come to the Smartstart Program (Mayor's wife. Julie did a great job) and the Dragon Fly House fundraiser is April 19 and even though  they are sold out; you can still bid fori items online.  Commissioner Stevenson: N/A Commissioner Frye: N/A Commissioner Draughn: N/A  Mayor Marklin: Thank you all for coming tonight. Ifyou can attend any of the programs Robi mentioned they do great things for our community. Thanks to public works for getting signs up that are placed  among the roads.  Motion to enter closed session per NC GS 143-318.11 (a) (3) and (5) to preserve the attorney-client A motion was made by Commissioner Taylor to enter closeds session 7:00pm. The motion was seconded A motion was made by Commissioner Taylor to re-enter open. session 8.00pm. The motion was seconded  privilege and discuss acquisition of real property.  by Commissioner Stevenson which carried by a nanimous vote 5-0. by Commissioner Stevenson which carried byo a unanimous vote 5-0.  Adjourn  A motion was made by Commissioner Draughn to adjourn the April 2, 2024. Regular Board Meeting. The motion was seconded by Commissioner Lambert which carried by a manimous vote. 5-0.  April2,2024    The attached documents are incorporated herewith and arel hereby made aj part oft these minutes.  Milkan gMah. - n  William J. Marklin, Mayor  dpn Sauties Lynn Trivette, Town Clerk, MMC, NCCMC  April2, 2024