Minutes ofthe Meeting of The Liberty Town Council Held on July 22, 2024 5:30 pm  Present  Mayor: Council:  The Honorable Filmore York  Don Herndon, Tyson Nixon, Larry Coble, and' Terry  Caviness  Assistant Town Manager: Janie Phelps  Town Clerk: Town Attorney: Staff: ToOrder  Jessica Brown Robert Giles II  Finance Director; Kathy Bond, Police Sergeant; Hubert Elder and Library Director; Brenda Heindl  The Mayor welcomed everyone and called the meeting to order at. 5:30 PM. Council Member Greg Carpenter is unable to attend. Assistant Town Manager Janie Phelp is sitting in for Town Manager Scott Kidd who is on vacation. He introduced new' Town  Attorney Robert Giles II. Pledge ofAlleiamnce/nvoation join in al Moment of Silence. Adoption ofAgenda  Mayor Filmore York led the Pledge of Allegiance and then the Mayor asked everyone to  Council Member Larry Coble made ai motion to adopt the agenda with the addition of 11.1 Flagpole Discussion. Council Member Don Herndon seconded the motion which passed unanimously: Council Member Larry Coble voted yes, Council Member Don Herndon voted yes, Council Member Tyson Nixon voted yes,and Council Member Terry Public Hearing requested by the Town for text amendments to the Town ofLiberty Mayor York opened the Public Hearing at 5:36. P5. Janie Phelps gave the staff report. The Town ofLiberty, upon review ofadopted ordinances, has determined there are several amendments necessary to modernize the ordinance as well as keep up with current planning and zoning trends. The majority oft the ordinances have not been updated since 2004. These updates are to amend the watershed ordinance to allow for the utilization of adopted zoning districts R6 and R12 in accordance with the state adopted watershed ordinance,and remove cluster developments for lack oft this being utilized. Other amendments provide use oft the built upon area requirements for single-family detached dwellings, only for the R6 and R12 zoning districts. Per the current watershed ordinance  Caviness voted yes. The agenda was approved.  Watershed Protection Ordinance July 22, 20245:30P PM    and state watershed ordinance, these amendments are only required to be reviewed by Town Council. No one signed up to speak and there was no further discussion. The Council Member Terry Caviness made a motion to approve the text amendments and stated they are consistent with the LDP. Council Member Tyson Nixon seconded the motion which passed unanimously with Council Members: Larry Coble, Terry Caviness, Don Herndon, and' Tyson Nixon voting yes. The text amendments were approved. Public Hearing -1 requested by applicant EHC Builders LLC. fora SNIA (Special Non Residential Intensity Allocation) to four parcels - July 22, 2024 5:30P PM Mayor York opened the Public Hearing at 5:40 PM and read the script for a quasi-judicial hearing with rules and explanation. The Town Clerk swore in Shorty Coblentz the applicant, Jeremy McNeill, the engineer for the site and Rodney Hollar of 442 Frances Drive. Mayor York asked ifa anyone had any disclosures and there were none. Janie Phelps gave the staffi report. This is a quasi-judicial review request by applicant EHC Builders, fo a SNIA (Special Non residential Intensity Allocation) request to develop over the maximum 24%1 BUA (Built Upon Area) on parcels 8727816041, 8727802663, and 8727802663, and 8727808644, approximately 8.59 acres, located at West Butler Avenue Extension, proposed Subdivision name of Hunters Point TownHomes. The Town's ordinances require a SUP for all SNIA requests. There is an ample amount of watershed available and the staff sees no issues. Applicant Shorty Coblentz came forward to speak. She said these are TownHomes for people who are looking to downsize. She is asking to use more than 24% ofi impervious surface. Attorney Robert Giles asked Ms. Coblentz if she will abide by all requirements and codes, add growth to the community, be convenient tol Liberty and other areas. She answered yes. Ms. Phelps said the' Town as ofJuly 8, 2024 has 19,141,757.581 square feet. This project is proposed to develop approximately 190,981.68 square feet or 4.38 acres, which is approximately Rodney Hollar of442 Frances Drive said he is against being urbanized and would like to know about the creek. Engineer for the project Jeremy McNeill said he has submitted permitting to. Army Corp of Engineers and they must minimize impacts. There was no Council discussion and the Hearing was closed at 5:50 PM. Council Member Larry Coble made a motion to approve the SNIA for the four parcels requested by EHC Builders and found the request to be consistent with the LDP (Land Development Plan.) Council Member Tyson Nixon seconded the motion which passed unanimously with Council Members: Larry Coble, Terry Caviness, Don Herndon, and Public Hearing requested by applicant Duke Energy Progress, LLC, fora wireless Telecommunications facility on two parcels July 22, 2024 5:30 PM Mayor York opened the Public Hearing at 6:55 PM. The Town Clerk swore in Amy Crout and Nick Kirkland the speakers for Duke Energy. The Mayor read the quasi judicial script. There were no disclosures. Janie Phelps came forward to give the staff report. This isa quasi-judicial review request by applicant Duke Energy Progress, LLC, for a SUP (Special Use Permit) request on parcels 8726940940 and 872690797, approximately 1.15 acres, located at W Brower Avenue. The Town ofLiberty ordinances require a SUP for wireless communications facilities. This property was rezoned from TOWN to Industrial. Itisa a wireless communication tower that will only be used by Duke Energy Progress. Amy Crout, attorney for Duke Energy, handed out aj presentation. This is for two pin numbers. The neighboring property is vacant. It has been there over twenty years and was recently rezoned sO meets provisions. There is a temporary mobile station that is  Public Hearing was closed at 5:36 PM.  51%1 BUA on this site.  Tyson Nixon voting yes.    totally enclosed and will be removed when the rebuild is complete. This is aj public Nick Kirkland with Kirkland Appraisers came forward to speak. Hel handed out an impact study. Hel looked at similar substations with poles and found no impact on property values. Inl his professional opinion this isi in harmony with the surrounding area and will not impact property values. Council Member Larry Coble asked about safety measures and referenced that substations have been attacked in the past. A representative from Duke Energy said they are constantly monitored and there are internal structures in place. There is as seven foot fence with barbed wire that still allows employees and law enforcement to see in. Further safety measures are confidential. Council Member Tyson Nixon asked ifthere will be flashing lights but the representative said there will be none. Ms Phelps said it is now a felony to tamper with power grids. The Hearing was closed at Council Member Terry Caviness made a motion to approve Duke Energy Progress's SUP for a wireless communication facility and finds it consistent with the LDP (Land Development Plan). Council Member Tyson Nixon seconded the motion which passed unanimously with Council Members: Larry Coble, Terry Caviness, Don Herndon, and  necessity and referenced site plan highlights.  7:15 PM.  Tyson Nixon voting yes. Code Enforcement Report  Paul Fuller with State Code Enforcement, Inc. came forward to give the report. They are getting calls from citizens about what they need to do. There is still no response from 122 WS Swannanoa. They did not claim their certified letter.The next step is a lien on the  property. Finance Report  Finance Director Kathy Bond came forward to give her reports on the months of May and June. She was not here in May. She went over her reports and said next month will include year end. The auditors should be here from September 4- 5. Council Member Don Herndon made ai motion to approve the Finance Reports for May and June. Council Member Larry Coble seconded the motion which passed unanimously with Council Members: Larry Coble, Terry Caviness, Don Herndon, and Tyson Nixon voting yes. Council Member Tyson Nixon made a motion to approve the minutes from the Work Session June 10, 2024, Closed Session June 10, 2024, Closed Session June 17,2024 and the Council Meeting June 17,2024. Council Member Don Hernson seconded the motion which passed unanimously: : Council Member Don Herndon voted yes, Council Member Tyson Nixon voted yes, Council Member Terry Caviness voted yes and Council Member  Approval ofMinutes  Larry Coble voted yes. The minutes were approved.  Consent Agenda  The Consent Agenda includes: Budget Amendment #1 -Library, Budget Amendment #2 Library, Budget Amendment #: 3- Library, Budget Amendment #4. - Fire Department, and 24/25 Fee schedule addition ofbackflow fees. Council Member Don Herndon made a motion to approve the Consent Agenda. Council Member Terry Caviness seconded the motion which passed unanimously with Council Members: Larry Coble, Terry Caviness,  Don Herndon, and Tyson Nixon voting yes.    New Business  Flagpole Discussion  Eric Clay of235 E. Dameron requests that a flagpole be put at) Paul Henry Smith Park where the American Flag would fly year round with the. Juneteenth flag underneath during the month of. June. He stated parks are everyone and Freedom Park has a flagpole and Paul Henry Smith park needs one too. He said the community needs to come together. Council Member Herndon said we need to focus on helping kids and not just  symbolism. No one made a motion. Administrative Reports  Manager's Report  The Town Manager is on vacation sO there is no report. Mayor York thanked Mr. Eric Clay for his military service.  Mayor Comments Adjourn  There being no further business to discuss, Council Member Tyson Nixon made a motion to adjourn. Council Member Don Herndon seconded the motion which passed unanimously with a vote: Council Member Don Herndon voted yes, Council Member Tyson Nixon voted yes, Council Member Terry. Caviness voted yes, and Council Member  Larry Coble voted yes. The meeting was adjourned.  himae Sy Mayor Filmore York  ATTEST: Apaih A.  Ton Clerk    OREAT PLACE To LIVE  TH CAROLIN Attachment C  Diberty  RESOLUTION OF' THE TOWN OF LIBERTY TOWN COUNCIL  CONSISTENCY STATEMENT AND STATEMENT OF  APPROVING A  APPROVALOF  REASONABLENESS FOR THE  Town ofLiberty Ordinance Amendments  the' Town ofLiberty Town Council has received the application to amend  WHEREAS,  Ordinances (the' "Amendment") and finds that the same  several sections oft the' Town ofLiberty  Plan; and  is consistent with the' Town ofLiberty Land Development  WHEREAS, in addition, the' Town ofLiberty Town Council considers the Amendment  the  interest because the bulk oft the Ordinance! has not been  to bei reasonable and int public  with thel Land Development Plan and State  updated or modernized since 2004 and is consistent Watershed Ordinance by modernizing the text in order to properly  regulate development. documentation are found to  THEREFORE, BEI ITI RESOLVED, by the Town ofLiberty Town Council  NOW,  that, for the reasons set forth above, the. Amendment and presented Plan and are determined tol be  be consistent with the' Town ofLiberty Land Development  reasonable and in the public interest. Adopted, this the 22nd day ofJuly, 2024  Jilmele Lw  Filmore York, Mayor Town ofLiberty  ATTEST:  Opain fn Jessica Brown, Clerk to the Council Town ofLiberty  Town of Liberty e P.O. Box 1006 e 128 South Fayetteville Street e Liberty, NC27298 Phone (336) 622-4276 e Fax (336) 622-2665 e www.lberty-NC.com        To LIVE  Piberty  Attachment B  AN ORDINANCE AMENDING THE WATERSHED! PROTECTION ORDINANCE OF  THE' TOWN OFLIBERTY  WHEREAS, the' Town ofLiberty Town Council has considered the request to amend the Town ofLiberty Ordinances to modernize the Ordinance text, and finds that the amendment is  consistent with the Land Development Plan; and  WHEREAS, the Council finds that the amendments set forth in the. Application and incorporated herein by reference, if approved as pursuant to thej provisions ofNCGS 160D and the Land Development Plan, would be suitable for the text to be amended; and  WHEREAS, the Council finds the amendment request toi meet the standards ofthel Land BEI IT ORDAINED, by the Town Council oft the' Town ofLiberty as follows: 1. The application to amend all oft the proposed text amendments described in the Application and as depicted in Attachment "A" is approved and the' Town Ordinances are  Development Plan; and  amended accordingly.  2. This ordinance shall become effective upon its adoption.  Adopted this 22nd day of. July, 2024  Filmore Town er ofLiberty  Su  ATTEST: fi 7morlihty  A an Clerk to the Council  Town of Liberty e P.O. Box 1006 e 128 South Fayetteville Street e Liberty, NC27298 Phone (336) 622-4276 e Fax (336) 622-2665 e www.berty-NC.com        GREAT  DeTH  iberty  ATTACHMENT C  RESOLUTION OF' THE TOWN OF LIBERTY TOWN COUNCIL APPROVING A CONSISTENCY STATEMENT AND STATEMENT OF  REASONABLENESS FOR' THE. APPROVALOF  EHC Builders, LLC  WHEREAS, the Town ofLiberty Town Council has received the application to apply a Special Use Permit (SUP) to. Parcels 8727816041, 8727802663, 8727805663, 8727808644, and a portion of W Butler Ave Extension (the "Amendment") and finds that the same is consistent with  the Town ofLiberty Land Development Plan; and  WHEREAS, in addition, the Town ofLiberty Town Council considers the Amendment to bei reasonable and in the public interest because the SUP for a Special Nonresidential Intensity Allocation is consistent with thel Land Development Plan, zoning ordinance, and watershed development ordinance by meeting specified standards as required with quasi-judicial hearings. NOW, THEREFORE, BEI IT RESOLVED, by the Town ofLiberty Town Council that, for the reasons set forth above, the Amendment andj presented documentation are found to be consistent with the Town ofLiberty Land Development Plan and are determined to be  reasonable and in thej public interest. Adopted, this the 22nd day ofJ July, 2024  himu Filmore York, Mayor Town ofLiberty  Lyb  ATTEST:  nliv B. By Jessical Brown, Clerk to the Council  Tben ofLiberty  Town of Liberty e P.O. Box 1006 e 128 South Fayetteville Street e Liberty, NC 27298 Phone (336) 622-4276 e Fax (336) 622-2665 e www.lberty-NC.com        16 TO  iberly  ATTACHMENT) B EHCI Builders, LLC  AN ORDINANCE APPROVING A SUP FOR A SNIA FOR' THE TOWN OF LIBERTY  WHEREAS, the Town ofLiberty Town Council has considered the request for a Special Use Permit (SUP), being approximately 8.59 acres, being all of parcels 8727816041, 8727802663, 8727805663, 8727808644, and aj portion of W Butler. Ave Extension, located offw Butler. Ave. Extension, Liberty, NC2 27298, to develop the site as needed in accordance with the Town ofLiberty Ordinances to account for future growth of the' Town and to exceed the maximum built upon area of24%1 by granting a Special Nonresidential Intensity Allocation, and finds that the request is consistent with the Town ofLiberty ordinances; and  WHEREAS, the Council finds that the SUP request set forth in the Application and incorporated. herein by reference, ifapproved as pursuant to the provisions ofthe zoning ordinance, would be suitable for the property proposed for the SUP; and  WHEREAS, the Council finds the SUP request to meet the standards of the zoning BE: IT ORDAINED, by the' Town Council oft the Town ofLiberty as follows: 1. The application to apply a SUP to all oft the property described as Parcel No's. 8727816041, 8727802663, 8727805663, 8727808644, and a portion of W Butler Ave Extension, and being approximately 8.59 acres, is approved and the: zoning map is  ordinance and the Land Development Plan; and  amended accordingly.  2. This ordinance shall become effective upon its adoption.  Adopted this 22nd day ofJ July, 2024  imge Filmore York, Mayor Town ofLiberty  lpib  ATTEST: Pali Tgwn ofLiberty  pn Clerk to the Council  Town ofl Liberty e P.O.E Box 1006 e 128 South Fayetteville. Street e Liberty, NC27298 Phone (336) 622-4276 e Fax (336) 622-2665 e www.liberty-NC.com        oRT  iberly  ATTACHMENT B  AN ORDINANCE GRANTING A SUP IN THE TOWN OF LIBERTY Progress Energy Carolinas, property addressed off W Brower Ave  WHEREAS, the Town ofLiberty Town Council has considered the request for a Special Use Permit (SUP), being all of parcels 8726940940 and 8726940797, located off W Brower. Ave, Liberty, NC 27298, approximately 1.15 acres, to construct a wireless telecommunication tower and allow a public use facility in accordance with the Town ofLiberty Ordinances; and WHEREAS, the Council finds that the SUP request set forth in the Application and incorporated herein by reference, ifapproved as pursuant to the provisions of the zoning ordinance, would be suitable for the property proposed for the SUP; and  WHEREAS, the Council finds the SUP request to meet the standards oft the zoning BEI IT ORDAINED, by the Town Council oft the Town ofLiberty as follows: 1. The application to apply a SUP to all oft the property described as Parcel No's. 8726940940 and 8726940797, and being approximately 1.15 acres, located at W. Brower Ave, is approved and the zoning map is amended accordingly. 2. This ordinance shall become effective upon its adoption.  ordinance and the Land Development Plan; and  Adopted this 22nd day of. July, 2024  Filmau Filmore York, Town ofLiberty  Lyub  Mayor  ATTEST: 9ha44 Tpane ( ofLiberty  Am Clerk to the Council  Town of Liberty e P.O. Box 1006 e 128 South Fayetteville Street e Liberty, NC: 27298 Phone (336) 622-4276 e Fax (336)6 622-2665 e www.liberty-NC.com        PLAC To  Piberty  ATTACHMENT C  RESOLUTION OF THE' TOWN OF LIBERTY TOWN COUNCIL APPROVING A CONSISTENCY STATEMENT AND STATEMENT OF REASONABLENESS FOR' THE. APPROVALOF Progress Energy Carolinas, property addressed off WI Brower Ave  WHEREAS, the' Town ofLiberty Town Council has received the application to applya Special Use Permit (SUP) to Parçels 8726940940 and 8726940797 (the' "Amendment") and finds that the same is consistent with the Town ofLiberty Land Development Plan; and WHEREAS, in addition, the Town ofLiberty Town Council considers the. Amendment to be reasonable and int the public interest because the SUP is consistent with the Land Development Plan and zoning ordinance by meeting specified standards as required with quasi- NOW,THEREFORE, BE IT RESOLVED, by the Town ofLiberty Town Council that, for the reasons set forth above, the Amendment and presented documentation are found to be consistent with the' Town ofLiberty Land Development Plan and are determined to be  judiçial hearings.  reasonable and in the public interest. Adopted, this the 22nd day of] July, 2024  Filmore inpue York, Mayor Town ofLiberty  Lpk  ATTEST:  Aprli 9. Jeésica Brown, Clerk tot the Council Town ofLiberty  Town of Liberty e P. 0. Box 1006 e 128 South Fayetteville Street e Liberty, NC27298 Phone (336) 622-4276 e Fax (336) 622-2665 e www.liberty-NC.com        REAT PLACE To  iberty  ATTACHMENTC  RESOLUTION OF' THE TOWN OF LIBERTYTOWN COUNCIL APPROVING A CONSISTENCY STATEMENT AND STATEMENT OF REASONABLENESS FOR' THE. APPROVAL OF Progress Energy Carolinas, property addressed off WI Brower Ave  WHEREAS, the Towh ofLiberty Town Council has received the application to applya Special Usel Permit (SUP) to Parçels 8726940940 and 8726940797 (thé "Amendment") and finds that the same is consistent with the Town ofLiberty Land Development Plan; and WHEREAS, in addition, the Town ofLiberty Town Council considers the Amendment to bei reasonable and int the public interest because the SUP is consistent with thel Land Development Plan and zoning ordinance by meeting specified standards as required with quasi- NOW, THEREFORE, BE IT RESOLVED, by the Town ofLiberty Town Council that, for the reasons set forth above, the. Amendment and presented documentation are: found to be consistent with the' Town ofLiberty Land Development Plan and are determined to be  judicial hearings.  reasonable and in the public interest. Adopted, this the 22nd day ofJuly, 2024  imele Filmore York, Town ofLiberty  Lpl  Mayor  ATTEST:  Bun   Clerk tot the Council  Town of Liberty e P. O. Box: 1006 e 128 South Fayetteville Street e Liberty, NC27298 Phone (336)622-4276 e Fax( (336)622-2665 e www.lLiberty-NC.com        Meeting Date: July 22,2024  Town ofLiberty Budget Amendment (FY 2024-2025 #01) Council Approval Needed BEI IT ORDAINED, by the Liberty Town Council that the Town ofLiberty Budget Ordinance for fiscal year 2024-2025, which was adopted on June 17,20241 be amended as follows: This amendmentis to move funds from General Fund Appr to the Library Dept expenditure line item. (These are donations that was received. April 1, 2024 throughJuly1 1,2024.) Section 1: The following revenue and expenditures in General Fund and the Libraty line item shalll be  increased by the amounts indicated:  10 Fund Line Item 10-3990-000  Amended Budget 1,785 1,785  General Fund General Fund Balance. Appr Total Revenues  Budget  Change 0.00 1,785 0.00 1,785  101 Fund Line Item 10-6300-340  Amended Budget 1,785 1,785  General Fund Lib] Memorials Total Expenditures  Budget  Change 0 1,785 0 1,785  Prepared By: Kathy Bond, Finance Director Reviewed By: Scott Kidd, Town Manager Town Manager Initials: AAK  ATTEST:  Jhlpu  Filmore York, Mayor Date: 7-22-24  A. G  P  Date TbAuns        Meeting Date July 22,2024  Town of Liberty Budget Amendment (FY 2024-2025 #02) Council Approval Needed BE: IT ORDAINED, by the Liberty' Town Council that the Town ofLiberty Budget Ordinance for fiscal year 2024-2025, which was adopted on June 17,2024, be amended as follows: This amendmenti is to move funds from General Fund. Appr to the Library Dept expenditures line items. (These are: monies that will be transferred from thel NCCMT Lowe acct to the' Truist Section 1: The following revenue and expenditures in the General Fund. Appr. and Libraty  General fund account once budgetamendmentis: approved.) line items shall bei increased by the amounts indicated:  10 Fund Line Item 10-3990-000  Amended Budget 1200 1,200  General Fund General Fund Balance Appr Total Expenditures  Budget  Change 0.00 1,200 0 1,200  101 Fund Line Item 10-6300-741  Amended Budget 1,200 1,200  General Fund Lib- Transfer Lowe for Books Total Revenues  Budget  Change 0 1,200 0 1,200  Prepared By: Kathy Bond, Finance Director Reviewed By: Scott Kidd, Town Manager Town Manager Initials: gE  Hilmele Lub  ATTEST:  Filmore York, Mayor Date: 7-22-24  ap Bn Date: /4  Town Clerk        Meeting Date: July22,2024  Town of] Liberty Budget Amendment (FY2024-2025 #03) Council Approval Needed BE: IT ORDAINED, by the. Liberty Town Council that the Town ofLiberty Budget Ordinance for fiscal year 2024-2025, which was adopted on June 17,2024, be amended as follows: This amendment is to: move funds from General Fund. Appr to the Library Dept expenditures line. (These are: monies that willl be transferred from NCCMT Coward account to the' Truist General  Fund.)  Section 1: The following revenue and expenditures in the General Fund Appr and) Libraty line  items shall bei increased by the amounts indicated:  10 Fund Line Item 10-3990-000  Amended Budget 2,000 2,000  General Fund General Fund Balance. Appr Total Expenditures  Budget  Change 0 2,000 0 2,000  10 Fund Line Item 10-6300-568 10-6300-569  Amended Budget 400 1,600 2,000  General Fund  Budget  Change 0 400 0 1,600 0 2,000  Library Coward Tran Programs Library Coward Tran Books Total Revenues  Prepared By: Kathy Bond, Finance Director Reviewed By: Scott Kidd, Town Manager Town Manager Initials: K  Himate York, Mayor 7-22-24  ATTEST: i  Filmore Date:  lypl  9. By  Date: TfNL        Meeting Date: July22,2024  Town of Liberty Budget Amendment (FY 2024-2025 #04) Council Approval Needed BEIT ORDAINED, by the Liberty Town Council that the Town ofLiberty Budget Ordinance for fiscal year 2024-2025, which was adopted on June 17,2024, be amended as follows: This amendment is to: move funds from General Fund Appr to the Fire Dept expenditures line. (These are monies received from The. Assistance to Firefighters Grants Program in the amountof  $76,190.47 received on July 5, 2024 to pay QCSinvoices.)  Section 1: The following revenue and expenditures in the General Fund. Appr and Fire line  items shall be increased by the amounts indicated:  10) Fund Line Item 10-3990-000  General Fund General Fund: Balance Appr Total Expenditures  Budget  Change Amended 0 76,190.47 0 76,190.47  Budget 76,190.47 76,190.47  10 Fund Line Item 10-5300-150  General Fund FDN MR Buildings Total Revenues  Budget  Change Amended  Budget 81,190 81,190  5,000 76,190.47 5,000 76,190  Prepared By: Kathy Bond, Finance Director Reviewed By: Scott Kidd, Town Manager Town Manager Initials: SL  Jimel Filmore York, Mayor Date: 7-22-24  ATTEST:  Lpeb  PiB Date: ppoN