MDOIG  ke NOrTE Minutes Town ofMooresville Board ofCommissioners March 4, 2024 6:00 PM - Mooresville Town Hall  Agenda Briefing Friday, March 1, 2024 MooresvileTown Hall  Present: Mayor Chris Carney, Commissioner Eddie Dingler, Commissioner Will Aven, Commissioner Tommy DeWeese, Commissioner Lisa Qualls, Commissioner Gary West, Commissioner Eddie. Karriker, Interim Town Manager. Jim Landon, Assistant Town Manager Ryan Rase, Assistant Town Manager Sherisha Hills, Town Attorney Sharon Crawford, Town Also Present: CFOChris Quinn, Planning Director Erika Martin, Police Chief Ron Campurciani, Fire ChiefCurt Deaton, Water Resources Director. Allison Kraft, Public Services Director.Jonathan Young, Building & Permitting Director Tommy Rowland,Transporation Engineer Camila Weckerly, Asset Management Director Chris Wyckoff, Parks & Recreation Director Pam Reidy, Deputy Human Resources Director Vincent Caprio, Risk & Safety Manager Chris Russell, Communications & Marketing Director Megan Suber, Innovation & Technology Director Chris Lee, Community Development Planner Becca Bleich, Transportation Planner Will Washam, Planner Ricky Cypher, Internal Control Manager Sandy Buck, Budget Manager DeAnna Cloninger, Innovation & Technology AV & WebTechnician Alan Bradford, Assistant' Town Clerk. Ann Burns, Affion Public President/CEO Scott Reilly. Mayor Chris Carney called the meeting to order at 8:30 a.m. Staffattended the meeting to  ClerkJane Crosby.  review items and answer questions pertaining to the agenda.  Closed Session  AI motion to go into Closed Session was made by Commissioner Gary West; seconded by  Commissioner Eddie Dingler. MOTION CARRIED: 6-0 Adjourn  AN Motion to Adjourn was made by Commissioner Gary West; seconded by Commissioner  Tommy DeWeese to Adjourn. Meeting was adjourned at 12:14 p.m.    Regular Meeting  Present: Mayor Chris Carney, Commissioner Eddie Dingler, Commissioner Will Aven, Commissioner Tommy DeWeese, Commissioner Lisa Qualls, Commissioner Gary West, Commissioner Eddie Karriker, Interim Town Manager.Jim Landon, Assistant Town Manager Ryan Rase, Assistant Town Manager Sherisha Hills, Town Attorney Sharon Crawford, Town Also Present: CFOChris Quinn, Planning Director Erika Martin, Second Assistant Police ChiefJoseph Cooke, Fire ChiefCurt Deaton, Deputy Fire Chiefs Shane Lacount, Public Services Director. Jonathan Young, Transportation Engineer Camila Weckerly, Parks & Recreation Director Pam Reidy, Assistant Town Attorney Carey Austin, Communications & Marketing Director Megan Suber, Communications & Marketing Specialist Brittany Corl, Planner Ricky Cypher, Transportation Planner Will Washam, Innovation and' Technology AV & Web  ClerkJane Crosby.  Technician Alan Bradford, Assistant Town Clerk Ann Burns  1. Public Comment 2. Call to Order:  There were five people registered tos speak and three peoplespoke. Mayor Carney called the meeting to order at 6:12 p.m.  3. Invocation and Pledge of Allegiance  Commissioner Karriker gave the invocation and led the Pledge of Allegiance  4. Presentations There were no presentations. 5. Manager's Report  Interim Town Manager.Jim Landon, Assistant Town Manager Ryan Rase, and Assistant Town Manager Sherisha Hills provided the Manager's Report. Interim Town Manager added discussion on improvements to Moor Park and the need to provide full information to Board members. Mayor Carney asked for twov volunteers from the Board tosit on a committee to work with staff tol bring an updated package to the Board. Commissioner Dingler and Commissioner DeWeese agreed to: serve.  6. Adjustments to the Agenda: CONSENTAGENDA  7.a (AMEND) Consider a request from the Finance Department to adopt a Resolution approving a contract in an amount not to exceed $105,000 for the provision of auditing services by Cherry Bekaert LLP: and to approve the corresponding Budget Ordinance Amendment in the amount of $45,000 to cover the remaining cost ofthe contract. Agiloft 7.k (AMEND) Consider a request from Risk Management to bind coverage for the 2024-2025 Property & Casualty insurance renewal in the: amount of $775,297.66 (a: 2.23% increase from previous FY). The bundled insurance package includes a stop loss fund, excess workers'  Contract #24-440 (Engagement Letter Provided)    compensation coverage, and comes with a: 2-year rate commitment for workers' compensation.  (Client Services Agreement Provided)  REGULARAGENDA  8.d Considera request from the Planning & Community Development Department to approve an Ordinance for: Conditional Rezoning Request CZ-2024-01 fora a 1.78-acre site located at 506 Brawley School Road. (Condition Added - "Vape: and CBD Shop" Added as a Prohibited Moved by Gary West, seconded by Eddie Dingler to approve the Adjustments to the Agenda, the Consent Agenda, and the Regular Agenda, as submitted.  Use -1 New Ordinance Provided)  MOTION CARRIED: 6-0  7. ConsentAgenda  7.a Approved a request from the Finance Department to adopt a Resolution approvinga contract in an amount not to exceed $105,000 for the provision ofauditing services by Cherry Bekaert LLPand to approve the corresponding Budget Ordinance Amendment in the amount of $45,000 to cover the remaining cost ofthe contract. Ordimance_-_BudgetAmemdment.e3os20.Mimane.-Chery_Bekaer.pdr  Agiloft Contract #24-440 (pages 6-22) Cherry Bekaert- - Standard-Audt-Cont-Contract-Form,pdr Cherry Bekaert- - Contract Rider.pdf Cherry Bekaert - Resolution.pdf  7.b Approved a request from the Finance department to amend the budget by approving an Ordinance to appropriate earned interest income in the amount of $75,000 from the Capital Reserve Fund and transferthose funds to the East-West Connector Phase 2 project for the demolition oft the existing house and proper disposal ofthe fuel Project Ordinance - East - West Phase II Amendment; 3 03.04.24.docx Ordinance.-_Budget_AmedmemL030420_FastWetComnector.Phase.2pdr 7.C Approved a request from the Finance Department to adopt a Grant Project Ordinance for the. American Rescue Plan Act of 2021: Coronavirus State and Local Fiscal Recovery Funds to reimburse the Town for Expansion FTE: Positions from 07/01/2022 through 02/09/2024 and amend the annual budget and the Liberty Park Phase II Project Ordinance by exchanging $722,522 of ARPA revenues from the Liberty Park Project Ordinance with revenues from the General Fund. There will be no net change in budget amounts. This is a change in revenue sources only to comply with the terms of the grant. ARPA funds returned to the General Fund will be applied LhPAIL8e99.Ammdmemue egaL-di.22L0)doct Oniame.-hadgetAmemnmLsaalhety.Prk.Pha.lpat  storage tank at 123 Rocky River Road. (pages 23-25)  to the expansion of full time positions. (pages 26-30)  ARP-Salary-GPO (legal edits).docx    7.d Approved a request from the Finance Department to adopt an Ordinance to accept funding in the amount of $150,380 from the HOMEconsortium, transfer the 25% match amount of $35.467 from the Community Development Fund to the HOME fund, and transfer $279,394 from existing HOME: funds to the Community Development Fund as part ofthel Financial Transparency Project. (page31) Ordinance.-_Budget.Amemdmemt0420_HOME_fund: legal_edits_pdf 7.e Approved a request from the Finance Department to approve an Ordinance to amend the budget to create the new Fleet Replacement Fund by: 1) transferring $1,300,623 in existing funds from the Fleet Department in the General Fund to the new Fleet Replacement Fund, 2)appropriating reserve in the: amount of $1,539,000 from the General Fund to covert the purchase ofv vehicles for Fire Station 7and transferring to the new Fleet Replacement Fund,: 3) appropriating reservein the amount of $2,378,077 from the existing Fleet Replacement Fund and transferring to the new Fleet Replacement Fund, 4) appropriating $754,827 from the Sanitation Capital Reserve Fund and transferring to the new Fleet Replacement Fund and 5) accepting $19,543 in payments from VFIS to pay for the damage done tol Engine 5 and $1,000 deductible reimbursement from theat-fault-driver's 7.f Approved a request from the Finance Department to adopt an Ordinance to amend the budget byappropriating fund balance in the amount of $21,040,375 from the General Fund to the General Capital Reserve Fund to fund the projects discussed at the Board Budget Workshop and releasing funds in the amount of $14:362,239 designated within the capital reserve fund to be combined as one Ordinance - Budget_Amendmendment.03.04,20.CaptaL_Reserve.for.PFP.pd: 7-8 Approved a request from the IT Department to adopt a Resolution authorizing execution ofan Amendment to the Town's existing contract with GeoCivix, LLC toauthorize payment in the amount of $34,320 for additional software modules. Contract #24-414. [Parent Contract 24-320/ Amendment Contract 24-414]  insurance in an incident involving Engine 2. (page32)  reserve: amount. See attached list. (pages 33-34) Attachment - Project Funding Plan.docx  (pages 35-48) GeoCivix Amendment.pdf GeoCivix Resolution.pdf  7.h Approved a request from the Parks & Recreation Department to approvean Ordinance allowing a petition to NCDOT requesting approval of a temporary road closure on Broad St. from Iredell Avenue to McLelland Avenue for the 2024 Mooresville Day Festival occurring on March 23, 2024 from 6a.m. to 6 p.m. Other temporary road closures for this festival include the following Moore Avenue from Main Street to Broad Street from midnight to 6:00 p.m. for stage delivery and installation; Moore. Avenue from Academy Street to the parking lots behind the Main Street businesses on the: south side oft the roadway from 6:00 a.m.- 6:00 p.m.; Main Street from Iredell Avenue to McLelland Avenue from 6:00 a.m.-6:00 p.m.; and Center Avenue from the parking lots behind the Main Street businesses on the south side ofthe roadway to the entrance to the parking lot to the First Presbyterian  Church from 6:00 a a.m.-6:00 p.m. (pages 49-51)    Mooresville Day 2024 closure area map.docx Ordinance_to_Close_Siretfor.Moresuille_Day.pd:  7.i Approved a request from the Police Department to approve a Resolution to accept a Governor's Crime Commission Mental Health Professional Grant. The grant would fund 1009ofallowable: expenses with no cash match required by the Town.  (pages 52-55)  Resolution to accept grant.Mental Health Professional.docx award letter.pdf  7.j Approved a request from Public Services to adopt a Resolution to: approvea municipal reimbursement agreement, along with Ordinances approving the corresponding budget amendments, with NCDOT for design, right-of-way acquisition and utility relocation, and construction ofTIP# RL-0001 (Mazeppa Road Flyover), which includes construction of a new grade separation over NC115 and Norfolk Southern Railroad. The total amount oft the project funding is $5,271,000, with 80% being federally funded ($4,216,800) and 20% being the Town's responsibility (S1,054,200). Contract #24-435 (pages 56-82) Project Ordinance Amendment- - Mazeppa Flyover 03.04.24 Amendment 4.pdf Ordinance - MtAmmamLssa.wfN  000L_Agreementi2821 022324-pdf  Resolution.pdf  7.k Approved a request from Risk Management to bind coverage for the: 2024- 2025 Property & Casualtyinsurance renewal in the amount of $775,297.66 (a 2.23% increase from previous FY). The bundled insurance package includesa a stop loss fund, excess workers' compensation coverage, and comes witha2- year rate commitment for workers' compensation. (pages 83-96)Gallagher- Proposal ofInsurance Pages 1-7 from 19IOMTLOLMOOTEsv1e.2152024:  Resolution.pdf FINAL.pdf  Gallagher Contract Rider.pdf  7.1 Approved a request from the Planning & Community Development Department to adopt a Resolution to: allocate the $33.359 CDBG public service allocation to United Approved allocating the $33,359 CDBG public: service: allocation to United Way of Iredell County to provide rent and mortgage assistance to 20 Mooresville families. CDBG Public Service Allocation Resolation.pdfCDBG: Public Service. Allocation  Way of Iredell County. (pages 97-117)  Packet.pdf  7.m Approved a request from the Planning & Community Development Department to approve an updated/revised Joint Resolution to Transfer Rights for 20/70 land in the Back Creek/Coddle Creek Public Supply Watershed to the Town of Mooresville, North Carolina, from the Countyo ofIredell, North Carolina. (pages 118-119) ThisJoint Resolution has been updated/revised. and signed by Iredell County to reflect a 167.85-acret transfer ratherthan a 267.85-acre transfer.  Joint Resolution 20_701 Land Transfer v2.pdf    8. Regular Agenda  8.a Consider a request from the Planning and Communityl Development Department to approve: a Resolution recommending NCDOTto: advance theTown's preferred alternative (Alternative D) from the Exit 38 interchange feasibility study into final design with the I-5962STIP  project. (pages 120-136) Will Washam presented.  Mayor Carney opened the public hearing at 6:24 p.m.  Moved by Lisa Qualls, seconded by Gary West to: adopt a resolution recommending NCDOT to advance the Town's preferred alternative (Alternative D) from the Exit38interchange feasibility study into final  design with the I-5962 STIP project. MOTION CARRIED: 6 -0  8.b Consider a request from the Planning & Community Development Department to approve an Ordinance for Conditional Rezoning Request CZ-2023-10 for a 64-38-acre site located at Kistler Farm Road  and Rocky River Road. (pages 137-169) Mayor Carney opened the public hearing at 6:341 p.m. Jay Priester, Cambridge Properties presented. There were 12 people registered to speak; 9 people spoke.  Erika Martin presented.  Moved by Eddie Dingler,seconded by Tommy DeWeese to deny CZ-2023-10 to retain the existing zoning ofthe property because itisi inconsistent with the' Town's OneMooresville Plan. Specifically, the proposed densities and townhomes are not in keeping with the content and character ofthe area. Further, the request is not reasonable and is not in the public interest because the proposal exceeds the densities ofthe surrounding development and introduces a zoning districtinconsistent with ther neighborhood.  MOTION CARRIED: 6-0  8.c Consider a request from the Planning & Community Development Department to approve an Ordinance for: Voluntary Annexation and Utility Extension (AX-2023-08): Kistler Farm Road and Rocky River  Road. (pages 170-209)  Mayor Carney opened the public hearing at 8:03 p.m.  Ricky Cypherinformed the Board that the applicant requests withdrawal ofthis  item.    8.d Considerai request from the Planning & Community Development Department to approve an Ordinance for: Conditional Rezoning Request CZ-2024-01 for a 1.78-acre sitel located at 506 Brawley School Road.  (pages 210-226) Will Washam presented.  Mayor Carney opened the public hearing at 8:04 p.m. Mark Goodson, applicant, spoke about his request.  Moved by Lisa Qualls, seconded by Gary West to approve CZ-2024-01 with the agreed upon conditions because this request is consistent with the OneMooresville Plan. Specifically, the property is surrounded by growing commercial enterprises on commercially; zoned property and is in: alignment with the future land use designation for this area. This request is reasonable and in the public interest because Brawley School Road has grown into a major thoroughfare and single-family residential  use fronting this street is no longer appropriate.  MOTION CARRIED: 6-0  8.e Consider a request from the Planning & Community Development Department to approve an Ordinance for: TextAmendment Request TA-2024-03 to the Unified Development Ordinance to requirea minimum of25% ofa multi-family, mixed use development to be  commercial square footage. (pages 227-233) Mayor Carney opened thej public hearing at 8:18 p.m.  Erika Martin presented.  Moved by Tommy DeWeese, seconded by Will Aven to approve TA- 2024-03 through approving the language as presented.The amendments are consistent with the Town's OneMooresville Plan. Specifically, the amendments will enhance mixed use developments by requiring increased commercial square footage for multi-family projects. Furthermore, the request is reasonable and in the public interest because it will create walkable places where residents can live,  shop, and enjoy other amenities. MOTION CARRIED: 6-0  9. New Business = No New Business    10. Closed Session  Moved by Gary West, seconded by Eddie Karriker to enter closed session.  MOTION CARRIED: 6-0  a. Consult with Attorney- G.S. 143-318.11(a)(3) b. Economic Development- G.S. 143-318.11(a)(4) C.A Acquisition of Property - G.S. 143-318.11(a)65) d. Personnel- G.S. 143-318.11(a)(6)  MINUTES FOR THE CLOSED SESSION HAVE BEEN RECORDED AND SEALED UNTIL PUBLIC INSPECTION WILLNOLONGER FRUSTRATE THE PURPOSE OF  THE CLOSED SESSION.  Following the closed session, the Board returned to open session.  11. Adjourn  Moved by Gary West, seconded by Eddie Dingler toadjournati 10:15P p.m.  MOTION CARRIED: 6-0  Carney,layor  A  Deia