TOWN OF VASS BOARD OF COMMISSIONERS REGULAR MEETING February 12, 2024  Members Present:  Mayor Callahan Matthew Callahan Kris Kosem George Blackwell Al Mosley Emily T. Oldham Mabel Walden Town Clerk/Administrator Molly Goodman Jericol Lowery, ChiefofPolice  Staff Present:  A. Call to Order  Thel Regular Meeting was called to order by Mayor Mosley at 6:02: pm. Commissioner  Eddie Callahan was not present.  B. Approval of Agenda C. Consent Agenda  Mayor Mosley asked ift there were any additions to the agenda. There were no additions.  Motion to approve. Agenda and Consent Agenda. Moved by Commissioner Blackwell  Approved, All were in favor  D. Code Enforcement  Derek Mabe was] present for Alliance Code enforcement. he addressed the following: 230 Magnolia: This matter has been in dispute between adjoining property owners Karen McNeill and Miles George. The condition of the mobile home in dispute is a minimum housing matter and has been open for some time. Both parties have been before Mr. Mabe and disputed responsibility for the property. Mobile homes are considered personal  1    property. Derek worked with Moore County Tax Department for clarification on the ownership oft the singlewide trailer on the property. At one point the two parcels were listed in connection with lots 40 -44 and owned by one party. The parcels were later divided and are now owned by the two parties listed above. Charles Wesley Seagroves owned the mobile home. Moore County tax records show the mobile home listed as a 1988 Brigadier mobile home attached to the property owned by Karen McNeill. The last time taxes were paid on the mobile home was in 2021. Derek Mabe said based on his findings he believes the party that needs to deal with for the removal of the mobile home is Ms. McNeill. Derek said he would issue a new finding of fact and set up a hearing 158 Union Church Road: Derek Mabe, Mayor Mosley and Commissioner Eddie Callahan met with the property owners on February 12, 2024. They reviewed the ordinance regulating pygmy goats with Mr. and Mrs.. Ader. After the hearing, Mr. Mabe and Mayor Mosley went out to the property to view the goats. They observed five goats, three of which had horns. He said the goats appeared tol be well taken care of and they did not find the goats to bei in any harm. At this time, Derek said is job was to follow the orders ofthe board and the decision regarding enforcement was up to the board of commissioners. The town ordinance allows for two goats. Derek provided the property owners with a copy of the ordinance during the first hearing he held with them. The original notice did not contain a statement regarding their right to appeal. They will be Mayor Mosley said the town did speak with Attorney Herman. Attorney Herman stated the fact that it was not placed in the Zoning Ordinance book was an administrative error;  with Ms. McNeill.  given a new notice to include the right to appeal.  however, the ordinance was lawfully adopted.  E.  Proposal for Professional Services PARTF. - David Honeycutt  David Honeycutt from McGill Associates was present to discuss a proposal for PARTF Grant funding. McGill Associates assisted the town with the master park plan prepared in 2023. The proposal is a turnkey quote to prepare the grant application. Additional services listed ini the quote are not aj part of the $13,650. David's understanding is that a portion of the fee including the cost of the preparation of the master plan can be used as a portion of the town's match. McGill Associates has staff with expertise in PARTF grants. They have looked at previous grant applications submitted tol PARTF by the town and This proposal wasi received within an hour before the meeting started and given tol board members at the meeting. Commissioner Callahan was not comfortable voting to spend  believe they can help the town submit a stronger application.  this amount without having time to reviewi it.  2    Commissioner Dick asked ifas special meeting could be scheduled. The board unanimously agreed to hold a Special meeting on February 21, 2024, at 5:301 to review David Honeycutt gave an update on the Vass sewer project. Temple Grading has been on site. ELJ has not been onsite. He is working on getting dates as to when they will be back ini the area. He said they were awaiting asphalt to repair the area on Main Street that has grates in the road. SKCi is expected tol be back on site on February 15th. He said all of three contractors are on track to finish on time and within contract schedules. Commissioner Matthew Callahan asked for an update on US 1, anchors around the pole. David Honeycutt said his understanding was the matter had been worked out. Mayor Mosley asked for an update on. Magnolia Street. David Honeycutt said they were Commissioner Matthew Callahan asked for an update on the bids for sewer hookup. David Honeycutt said the low bid was in the upper $300,000 range and the two higher bids were in the $low to mid $900,000 range. The low bid was not submitted properly and thrown out of the mix. The next lowest bid was with Columbus. David said he had spoken to USDA regarding the spread ini the amounts for the bids presented. USDA wants tos see the project move forward; however, they are not overly optimistic there would be any additional funds available to cover the higher costs. Occasionally USDA will get Commissioner Blackwell asked ift the bid could be reopened. David said he spoke to Columbus to see ifthey would be willing to adjust their numbers, however they doubt it would be low enough to make up the costs. David Honeycutt said the project could be David talked about the challenges in getting qualified residents. There were 43 potential customers identified when the CDBG funds were applied for. At this timé, the number has decreased. The biggest obstacle is getting people to send in documentation to verify their eligibility for the program. David said only five people have sent in the necessary Commissioner Matthew Callahan asked ift the project could be broken up into smaller projects. David Honeycutt said they have discussed this. No local contractors bid on the project. He said the costs and paperwork may have been reasons why no local contractors submitted bids. Ascot was the only local contractor to bid, and their bid was the one that David said he would like to focus on getting qualified residents to sign up. Another  and vote on this matter.  awaiting word back from USDA.  unused funds from projects turned back in.  rebid.  information to verify eligibility.  was not properly submitted.  meeting will be scheduled with residents in the near future.  3    F.  Police Report  ChiefLowery was present. He gave an update on1 the recent training and standards audit. They have signed up for Lexipol to help them keep current on policies. He is working  with a grant writer to research potential grants.  G. Planning Report  Molly Goodman reviewed the monthly planning report. Commissioner Blackwell asked for an update on the metal building on US 11 Hwy Business. Molly said there are no active permits. The property owner told her they would work on landscaping in the spring. Commissioner Matthew Callahan reviewed the maintenance report. Maintenance is working on clearing trees and limbs on South Street and getting quotes for insulation for the maintenance building. They will work on potholes and repainted walls in the community room. They tightened bolts onj playground equipment and painted the maintenance building. Mabel Walden talked about ballfield rentals.  H. Maintenance Report  I.  Administration Report  Mabel Walden reviewed the monthly administration report. Several applications have been received for the spring festival. Three requests were received from vendors for power. Mabel researched this with Duke Energy. In order to supply power, the town would have to run new power lines. Mabel gave the board an update on the cybersecurity program from the League ofl Municipalities. NCLM recommends all town employees and commissioners have town email addresses. The board of commissioners agreed and gave her permission to set them up with email addresses. Mabel asked the board to schedule the first budget meeting for the 24/25 FY Budget. The meeting was set for March 13th at  5:00 p.m. Public Comments  J.  Sophia Varilla - Fire Lane - Safety, privacy, her water meter, erosion, landscaping. Ms. Varilla said she has been to the board several times about her issues and does not think she has gotten very far. She said her water meter was moved to the road and placed in a bad place. She said the road isi in shambles and the developer have the dumpsters dropped wherever they want in the road. Cars and builders are double parked. Her driveway and yard are washed out. She feels nothing has been done about the complaints she has brought to the town. She does not want the town to take on the mess they are leaving. Ms. Varilla said she is concerned about the amount oft traffic on Fire Lane. Commissioner Matthew Callahan addressed Ms. Varillas's concerns. The water meterisa county issue. He is not sure what her issue is with her driveway. Commissioner Callahan  4    told her she needs to talk to Moore County about issues with her meter. He informed her that the roads were not town property at this time and considered the private property of the developer. He said he had ai meeting scheduled with the developer, and the town's engineer on February 15th. He has made Randy Gould aware oft the manhole issues in the road. He also said the town cannot address her issue with the removal of privacy trees Brett Ader -1 158 Union Church Road - Mr. Ader gave an analogy of speed. He went over ai timeline of not seeing an ordinance for goats. Mr. Ader Feels the problem is the process the town took in filing the ordinance. He said he had an agreement with Mayor All Mosley that his extra three goats would be allowed. Mr. Ader said there was not an ordinance on that he saw in August 2021 when he got his goats nor on November 6, 2023. He said he was told at the November town meeting there would be a private meeting to discuss his issues. He said he went to the town hall and took pictures oft the ordinance book which still did not have the ordinance ini it. He said the ordinance was in place for five years but not in the book or on the website. He finally saw the ordinance on the town website on December 11, 2023. He commented on state law that states the clerk inserts ordinances into the ordinancel book immediately upon their enactment. He said the ordinance was passed September 24, 2018. He said the town did extensive research when the ordinance was initially passed, and then again to deal with his goat issue over three outlawed goats. He said it has become excessive and extensive and time consuming. He told the public the town citizens they were lucky the town would have their attorney to deal with his goats. Mr. Ader said his goats have been there for two years and not doing much and they are: no harm to any people or the goats. He said there is no safety problem ini the town because he has three outlaw goats living on1 the farm. He said the matter was getting egregious. He said he is not the problem, that the problem is with the process for filing ordinances said he does not need to call the police to make sure. he is driving the right speed because a sign might not have been changed on the road; he sees the sign and drives the right speed. He said it was not his responsibility to retro act whatever it is that did not get enacted ini the first place. He also said it was not his responsibility to be out money to rehome his goats because the town policy was not in effect. He said the board might have flat hand mafia slapped the table about it, but it did not make it where anybody could see it. He said he was not coming back to do this constantly and that itis ridiculous. He said they are goats, not tigers or alligators or something crazy. He said they are just goats; they are just three other ones that they decided to get. Mr. Ader said hel had an agreement with Al that they would not get any other goats and they would be grandfathered in and that he agreed with it. He said the attorney was contacted and now there was going to be an appeal process. He said the appeal process sounds like extended  around her property.  time and research.  5    Commissioner Matthew Callahan said the goat ordinance was legally adopted on September 24, 2018, and he was there when it was adopted. He said the reason it came up was because a lady that was as passionate about her goats as Mr. Ader is about his, came tot the board because there was not an ordinance in place. He said he did not know how the ordinance was filed but it was voted on and legally adopted. He also said the town attorney said the fact the ordinance was not administratively coded does not override the Mr. Ader asked, "What ift the only people that know about the ordinance, then, were the Commissioner Callahan asked Mr. Ader, when he said he did his research; if! he came to the town hall and asked if goats were allowed. Mr. Ader said he did not, that is what websites were for, and there was nothing on the website regarding goats. Commissioner Matthew Callahan asked ifl he called the town. He said hel has been a surveyor for 25 years, and has dealt with dozens of counties, and know most of the ordinances. However, every time he does surveys, he calls to talk to the planning departments to make sure nothing has changed or that he might be missing something. Mr. Ader said Commissioner Callahan was implying that he needed to call to ask whether they have done theirj job. Commissioner Callahan said he was. just asking ifl he called. Mr. Ader asked why he would need to do that. He said he came in and took pictures oft the Mayor Mosley said Commissioner Eddie Callahan spoke out of] hand when he told them their goats would be grandfathered in. He said the town spoke with legal counsel and was told the town cannot go against the ordinance even though it was not posted. It is still in Mayor Mosley said ift the town grandfathered them in that could create a massive problem for the town. He told Mr. Ader a new letter would be sent to them, and they would be given the right to file an appeal. Mrs. Ader responded they are going tol hold the Mayor Mosley said they could file for an appeal after they get the new letter from Mr. Mabe, and they must go through the process. The appeal process will go before the Board ofAdjustment. The town attorney will be present, and they could have an attorney present as well. He said the town would not go against the advice of their attorney or the Erin Terry asked if the purpose oft the Board of Adjustment was to consider ift the ordinance needed to be changed or to consider the case with the ordinance as it currently  fact that it was legally adopted. people sitting ini that room that night"?  book on November 6 and the book was not updated for five years.  the record.  town accountable to do theirj job.  ordinance.  exists and what the process was to change the ordinance.  6    Molly said instead of an appeal they could apply for ai text amendment to the  zoning ordinance to allow five goats.  Erin asked ift the ordinance applied because they are in a subdivision.  Molly said the ordinance is for the R-1 district. Previously goats were only allowed in the Erin Terry asked ift they were two goats or no goats. Derek Mabe stated they are allowed Erin Terry asked why code enforcement was brought in, were there complaints or ifthe code enforcement officer saw them. Matthew Callahan replied there were complaints. Erin Terry said she was interested because she is on the Board of Adjustment. Commissioner Callahan said part of the ordinance that was created had to do with noise. The board of commissioners was on board with the request in 2018. Erin asked a question regarding why the development oft the ordinance. Commissioner Callahan said the process was done to create an ordinance. Erin Terry asked ifthe ordinance was done as a text amendment or ai new ordinance. Commissioner Blackwell said it was a new ordinance, the only ordinance the town had allowed goats in the RA district. Commissioner Callahan said it was done as a text amendment from a lady moving to Erin Terry asked they had to go through the appeal through code enforcement before they could apply for a text amendment or can that process happen first. Molly Goodman said Mr. Ader asked the Mayor what the plan was for the following seven months. Mayor Mosley said that would be discussed once they got their letter from code enforcement. They could reach out to Derek Mabe, and they would have 30 days to appèal. Commissioner Callahan wanted to correct the record, that the original lady that applied for a text amendment, had two goats at the time but she was planning to get more. The board compromised and decided on two goats. The ordinance stipulated no Billy goats and ifthere were complaints, they could bring it back up and look at the situation. He said the lady that requested the amendment was as compassionate about her animals a Mr. Ader said he is not compassionate about the animals, his wife is. He is passionate about the principle and accountability. He said ifs something is not filed right it is not his problem. I did not find a loophole and did not decide that Vass did not file their goat regulation properly so he got goats to see how far he could bend it.  RA district by the ordinance.  two pygmy goats iftheir loti is greater than 20,000 square feet.  Mrs. Ader said ai neighbor complained about her dog barking.  Vass from Georgia.  they would have options.  Mr. Ader is.  7    Commissioner Callahan took Mr. Ader back to his speed limit analogy, whereas just because you do not see: a sign it does not mean the speed is not 55. Mayor Mosley told Mr. Ader he appreciated his time and reiterated they would receive a new code enforcement letter and have 30 days to file for appeal. Todd McLeod - asked about Magnolia trash and singlewide. Derek Mabe addressed his question and explained what was discussed in his report. A new hearing will have to be held with the property owner. Todd asked what would happen ift they do not clean up the Commissioner Kosem asked ift there was more than one neighbor complaining about the goats. Mabel Walden said she has only had complaints from one. Commissioner Callahan said he heard the goats when he was on Bynum Court. Derek Mabe said they did: not ChiefLowery said there have been complaints. The noise is early in the morning and the had an issue when they escaped out oft the pen. Commissioner Callahan said he heard that  property. Thej process will take approximately 60 days.  make any noise when he was on the property earlier that day.  happened multiple times. K. Old Business: None L. New Business: 1.  Board of Commissioner Code of Ethics  Motion to move this item for discussion at the special meeting on February 21,2023  Moved by: Commissioner Matthew Callahan  Approved, All were in favor  2.  Motion to set up email accounts for the Board of Commissioners.  Moved by: Commissioner Matthew Callahan  Approved, All were in favor  M. Discussion Topics: None  N. Closed Session: Personnel Matters pursuant tol N.C.G.S. 143-318 (a)(6)  Motion to go into Closed Session Moved by: Commissioner George Blackwell  Approved, All were in favor  8    O. Motion regarding Personnel Matters Discussed in Closed Session  Moved by Commissioner Callahan  Approved, All were in favor  P.  Adjournment adjourn at 8:20 p.m.  Mayor Mosley asked for a motion to adjourn. Commissioner Blackwell made ai motion to  TOWNOFVASS  AKCOE MabelA. Walden, Town Clerk  Mosley  Apiple  9