TOWN OF VASS BOARD OF COMMISSIONERS REGULAR MEETING June 10, 2024  Members Present:  Mayor Mosley Matthew Callahan Kris Kosem George Blackwell Emily T. Oldham  Staff Present:  Mabel Walden, Town Clerk/Administrator Molly Goodman, Town Planner Jerico Lowery, Police Chief  A. Call to Order  The Regular Meeting was called to order by Mayor Mosley at 6:02 pm.  B. Approval of Agenda  Mayor Mosley asked ift there were any additions to the agenda. There were no additions  tot the agenda. C. Consent Agenda  1.Approval of] Regular Minutes from May 20, 2024 Moved by Commissioner Blackwell  Approved, All were in favor  D. Police Report  ChiefLowery went over the monthly police report. He said there was not much change to report for the month. ChiefLowery cautioned everyone to be careful when posting items for sale on Facebook Marketplace and told them not toj post locations of where items are  stored or being sold.  1    E. Planning Report  Molly Goodman reviewed the monthly development report. She told the board the potential buyers ofthe old Cotton Mill plan to seek national historic district registry designation. The process requires the hiring ofa a consultant. The consultant would review the history oft the property then apply to the state to get on1 the review list. The state would then review the list and decide ift they want to complete the study. Molly said she did not have a figure for the cost yet. She said the town could look having the consultant look at the downtown at the same time; which would be a cost savings. The current estimate for the cotton mill is $8,000. Molly said she thinks our downtown district would be more than that. Mayor Mosley asked Molly ifs she could get quotes for the cost. Molly said she will do more research on the cost to the town for this review/study. This matter will come before the board again after the sale of properties currently listed for auction  on Seaboard Street. Maintenance Report  F.  Mabel Walden gave the monthly maintenance report for Jonathan Goodwin. Mr. Goodwin has been working on minor park maintenance, he fixed the fence in areas and the dugout. he did some: minor grading in the parking lot and has been working on yard debris pickup. He has had some community service workers helping him with his  projects. G. Code Enforcement  Mabel Walden reported Derek Mabe met with Carlyle and Co. for a quote to clean up the yard on US 1. She said she reached out to a couple of other contractors but has not heard  back from any oft them. H. Administration Report  Mabel Walden gave the monthly Administration report. Hello Summer, was a success. Ms. Walden raised $1,750 in sponsorship donations for Hello Summer and $3,600 for the $500 was raised for the. June movie in the park. She said she has vendors set up to sell Professor Kofi Boone from State was present for Hello Summer. Mr. Boone and one of his graduate students did some community engagement activities toj promote interest in the new linear park on Short Street. approximately 30 people stopped by his booth and showed interest in the project. He got 15 -20 solid responses for his report. Professor Boone hopes to host another engagement day in the near future and hopes to havea  Spring Festival. items during the movie.  report on his initial findings in the next few weeks.  2    I.  Public Comments  Dan Dent thanked the town for hosting the summer festival. He said he recognized the festival takes a lot of time and effort to put together. He said his grandchildren enjoyed it. Mr. Dent has come before the town in the past year regarding the drainpipe in front of! his buildings on Main Street next to the area where the Christmas tree is placed. He feels the area is dangerous and hel keeps caution tape around it for that reason. Mr. Dent met with Commissioner Matthew Callahan out there several months ago and has also spoken to James Wood from NC Department ofTransportation (DOT). Mr. Wood told him the pipe was changed by the town but did not know when. Mr. Dent said a section of concrete has fallen off and no one wants to take responsibility. He said it is a hazard and liability that DOT nor the town will take care of. he said if someone gets hurt on his property because oft this problem, someone will get sued. Mr. Dent is concerned about the pipe and the ongoing damage it is causing. Mr. Dent said he was giving the town notice that he plans Commissioner Matthew Callahan addressed Mr. Dents concerns and said he does not understand why DOT said iti is the town's responsibility. Commissioner Callahan said the pipe runs across private property; therefore, the town would not have made any changes Mr. Dent asked ifhe could plug the drainpipe across his property because iti is not in the Commissioner Callahan said when DOT built the bridge in 1954, they installed the curb and gutter and tied it across the street to the catch basin in front oft the little white building on the corner. He does not see how the drain is the town's problem. He said the pipe is part of a network of pipes. He said would reach out to a contact hel has in the DOT Right of Way department to see ifl he can pull a set of plans for the bridge. Jean Skipper was not present for this matter, however she said she has the same problem with a drainage pipe in front of her house on US Hwy 1 (across from the Vass Gym). Mr. Dent said Mr. Wood would not take any responsibility for the issue. Mr. Dent said he told Mr. Wood ifn no one took responsibility, then he would plug it and then the water would drain everywhere else. He said Mr. Wood responded that he would not recommend Commissioner Callahan said he would try to meet up with Mr. Wood and go out to Ms. Don Stalls: Discussed his concerns with the proposed Badgers Court plan. He would like the board to take his concerns into consideration when the plan is reviewed. Mr. Stalls said he had a productive conversation with Mr. Hindmarsh from Ascot Builders. They  toj plug the pipe.  toit. right of way.  plugging it.  Skippers and Mr. Dents properties to see what he can find out.  3    talked about adding buffering along the property line and leaving some natural areas with Mr. Stalls stated he does not agree with the town policy of not having the Planning Department review subdivisions in this environment. Molly Goodman said the Planning Board does not review subdivisions because they also serve as the Board of Adjustment. In the event of an appeal to decisions by the Board of Commissioners the Board of Adjustment will hear the matter. If the Planning Board sees the project, they will not be able to hear the matter ifit comes before the Board of Adjustment. Molly Goodman said the planning board has discussed making changes to the Subdivision Ordinance. Ifthe ordinance us changed, all subdivisions would be conditional rezoning, especially if they have 20 lots or more. This change would follow what other communities are doing and require ai text amendment to the Zoning Ordinance. The current ordinance allows for administrative approval and is based on Commissioner Callahan asked when the process changed. Molly Goodman said the change was made in the last year or SO. It was done to take items out oft the purview of the Planning Board that could potentially go before the same members on the Board of Adjustment. Molly Goodman and Mabel Walden spoke about the difficulties in getting people to volunteer to serve on town boards; which is sometimes a difficult task for small towns. Commissioner Callahan stressed the importance of community volunteering to serve on town boards. Discussion was held regarding the methods used tol look for volunteers. Mabel Walden said the Board of Commissioners were asked for recommendations, requests for new members have been announced in open meetings and Debbie Williams asked ift the board has ever considered notifying property owners, homeowners, residents that are immediately adjacent to at tract of land SO they can be aware of what is going on before bulldozers come in and start clearing. At least they could come to have questions answered. Ms. Williams said this should be done ifa new Commissioners: Blackwell said ift the land is already zoned to allow for a subdivision, then aj public hearing is not required. Ms. Williams said he thinks ifar residential loti is approved for half acre and it is changed to a quarter acre lot, then aj public hearing should be held. Commissioner Callahan said that type of change would require aj public hearing. Molly Goodman said she thought Ms. Williams was talking about cluster subdivisions. Cluster subdivisions are a use by right. However, ift the board changed the process to conditional zoning, then there would be aj public hearing. Ifthe Planning Board and  minimal disturbance.  whether or not the applicant meets the ordinance.  posted on the town website and social media.  subdivision is going in.  Board of Commissioners see it, then they could: set conditions.  4    Commissioner Callahan said it isi not the board's responsibility to notify residents, they must do due diligence for the private citizens to know what is going on around them. Molly explained that for cluster subdivisions the overall density is the same. They have to set aside open space and have smaller lots but the total net number oflots is the same as a conventional subdivision. The way it is written now does not require rezoning or Commissioner Callahan asked Ms. Williams ifs she is asking that property owners are notified ifs something might happen. Ms. Williams said only if( (for example) 12, 15 or 20 acres are adjacent to the boundary ofanother property, the owner should be aware of what is going to occur. Commissioner Callahan said shei is doing what she is supposed to be doing by coming to board meetings. Commissioner Callahan said the town cannot notify residents of potential projects that developers may not want released. Ifaj project Mayor Mosley said everything that comes to the town goes through planning and actively Anthony McLeod asked for an update on. Magnolia Road property. Mabel Walden said she was having a hard time finding people to do the job. McNeill Landscaping has not gotten back to her. Commissioner Callahan asked her to reach out to Tommy Wilkes and  anything because it is Itis a use by right everywhere.  requires a change in zoning, then a public hearing will be held.  reviewed before presented to the proper boards.  Llewyn Blue. Old Business:  J.  There was no old business to discuss.  K. New Business:  1.Molly Goodman reviewed memorandum forl Badgers Court site plan. Project Information: Badgers Court 31.59 acres subdivision, parcel ID 00038627, property owner is GrosvenorLand, LLC. They have submitted for a cluster/conservation, 58 single-family subdivision development, ini two phases. One section is shown as future Zoning: The current property contains three zoning designations: R2 (Residential), RA (Residential Agriculture), and MU (Mixed Use), which all allow single-family homes. The zoning ordinance and watershed regulations limit density to 20,000 sq ft lots. However, cluster/conseryation developments are an option in which the density allowed is determined for the total site acreage and as long as that density does not exceed the allowed amount, the lots can be smaller with the remainder of the tract set aside in open space and amenities. This calculation is made after factoring out 15% of the land to  development if they are able to find density averaging lot  account for roads and rights of way.  5    Site specifics: Public roads arel being proposed, to be taken over by the Town once the development is complete and roads are in acceptable condition. The site contains areas of wetland; lots will not bej platted within the wetlands, but a road will go through the wetlands which will require permitting from the Army Corp ofl Engineers. There are existing barns and outbuildings on the property that will be demolished. Open Space/Amenities: The development consists of 15 acres of open space (50.36% of the total development), this includes wetlands, stormwater areas, and some TBD amenities. The neighborhood mail kiosk and 6j parking spaces is shown on the plans. Sidewalks are on one side of the streets. Cluster subdivisions require that 25% oft the open space remain undisturbed, not to be developed in the future. The plan shows Open Space Areas 3 & 4 (hatched sections) as undisturbed, which is 56% of the total open space. Cluster subdivisions also require usable space for residents to enjoy and the inclusion ofo an element ofat least one of thej following: trails, park, playground, gathering ared, community garden, or another neighborhood amenity. The plan does not indicate what this will be yet, but states that it will be ini the area ofthe two stormwater Additional Review: RLUAC received notification of this subdivision and recommended that they noted that the proposed subdivision is beneath a low-level military aviation route and recommended that the developer provide disclosure oft that to future lot purchasers. The plans have been preliminarily reviewed by Vass Planning, Moore County Public Utilities, Moore Co Fire Marshall, our contract engineer (LKC), and NCDOT. Construction drawings will require staff level approval from these and other agencies  ponds and indicated on the construction drawings.  before work may begin.  Zoning Ordinance 13.7 Cluster/Conservation Developments Clustering of development is allowed under the following conditions:  13. Minimum lot sizes are: not applicable to single-family cluster development projects; however, the total number oflots shall not exceed the number oflots allowed for single-family detached developments in Section 13.3 (Residential Density). This density calculation: is determined after 15% is reduced from the total acreage to account for roads and rights of ways. Impervious surface area or storm water control requirements of the project shall not exceed that allowed for 14.All impervious surface areas shall be designed and located to minimize storm water runoff impact to the receiving waters and minimize concentrated storm water flow, maximize the use ofs sheet flow through vegetated areas, and  the balance oft the watershed.  maximize the flow length through vegetated areas.  6    15. The purpose oft the clustering of lots in exchange for open space is for more effective conservation of the natural environment and preservation oft the community' 's character. As such, the open space shall include usable space for residents to enjoy and the inclusion of an element of at least one ofthe following: trails, park, playground, gathering area, community garden, or another neighborhood amenity. At least 25% of the open space shall remain in a natural wooded state not to be developed at any future date. The intent oft this ist that the entire area is not clear- cut. If no natural wooded area exists, native trees may be planted to achieve this intent. Key natural and historic features oft the property should be considered as prime area for open space. These features shall be shown on a survey or site analysis for review during the preliminary plat or concept planning phase. Where the development has aj property owners association, the title ofthe open space area shall be conveyed to the association for management and maintenance. Where a property association is not incorporated, a maintenance agreement shall be filed with the property deeds, and individual property owners shall be responsible for maintenance. 16. The final plat shall identify the remainder oft the tract to remain in a vegetated or natural state as "reserved for watershed protection." The title to the open space area shall be conveyed to an incorporated homeowners' association for management; to a local government for preservation as aj park or open space; or to aconservation organization for preservation in a permanent easement. Where a property association is not incorporated, a maintenance agreement shall be filed 17. Setbacks in cluster subdivisions may be reduced from the requirements oft the Table 10- 3: Minimum Building Setback Requirements by 3'on the front, sides, corner, and rear sides in order to accommodate for the smaller lot sizes as long as adequate fire flowi is met and is approved by the Moore County Fire Marshall. Commissioner Blackwell asked ift there were any comments from LKC. Molly Goodman Commissioner Callahan asked if the "hatch area" on the plan would be disturbed. Mike Roselli stated the area would not be disturbed. Mr. Roselli, one oft the engineers, said the hatched area would be fenced and the developer and contractors would not be able to go Blackwell said there is a buffer between lots 43,44 & 42, he asked if there was a possible way to add al buffer between Mr. Stalls property line and the those lots. James Hindmarsh from Ascot said they are discussing the options now. Ascot is thinking about limiting and not wanting six-foot privacy fences. They would like to keep the retentions lower, and  with the property deeds.  replied no  into that area.  also do some additional plantings along the property line.  7    Commissioner Callahan asked if Mr. Hindmarsh was referring to fence restrictions that would be added to the covenants on the deeds for the four lots. Mr. Hindmarsh said that is Commissioner Callahan asked if the rear. lots from 13 to 21 are lower than the adjoining property. Mr. Roselli said he believed they are lower than the property ini the back. Commissioner Callahan asked if the water would be going towards the property to the south. Mr. Roselli said this was correct and pointed to the grading plan. Commissioner Callahan asked ift this would bei the same for lots 53 -56. Mr. Roselli said the water would  what is currently being discussed, but not finalized as ofy yet.  go down through the backyards and directed towards the wetlands.  Motion for approval of preliminary plat. Moved by Commissioner Blackwell  Approved, All were in favor  2. Review site plan of gas station US HWY1 and Youngs Road. Molly stated the plans have been in the works since 2021. Various departments have been reviewing the plans along the way. The final site plan was submitted at the monthly planning review meeting. Commissioner Callahan stated the plans are not sealed. Molly said she was aware oft that, and she asked them for the plans to be sealed and signed. She also asked them forai few other items. Mayor Mosley suggested this matter be carried over to the July BOC meeting. Commissioner Dick asked ift they would come to the next meeting. Molly Goodman said she is looking for zoning classifications, impervious surfacing (70% must show on the plan). Molly said she informed Minuteman she needed additional  information and was asked to present the plan anyway. Motion to table to. June 20th special meeting. Moved by Commissioner Blackwell  Approved, All were in favor  Don Stalls asked if Badgers Court Phase 2 for 92 houses have conservation land designated. He asked if any land has been reserved in Vass in the past for other projects such as open space, greenways, walking trails etc. he wondered if Vass had a plan to designate where these areas should be in the future. George said this was done when the town did the town approved the Land Use Plan and Gateway plan. Mr. Stalls asked ifthe board has specific properties where they would like developers to set aside for  8    conservation land. Commissioner Callahan said the town could not designate land that property owners may not want to sell for that purpose. Molly Goodman said she though Mr. Stalls was talking, asking ift the town had specific properties ini mind. Kim Williams asked if code enforcement was working with Mr. Nelson regarding the junk and campers on his property behind her house. She said he was in the yard all day power washing and cleaning his boat and camper. He moved the camper and boat closer to the building. She said he moved them closer to her back door. She feels he is trying to hide his stuff instead of moving it. Commissioner Callahan said the town would look into  this smatter.  L.  Discussion Topics:  Kim Williams Nelson property behind her house regarding the camper. Said Mr. Nelson  told her he was planning toi move the camper closer to her house.  M. Adjournment  Mayor Mosley asked for ai motion to adjourn. Commissioner Blackwell made a motion to  adjourn at 7:07 p.m.  TOWN OF VASS  Mabel A. Walden, Town Clerk  Alphonso Mosley Jr., Mayor  9