Town of Mocksville Regular Board Meeting October1,2024  The Town of Mocksville Board of Commissioners met for the Regular Board Meeting on Tuesday, October 1,2024 at 6:00 p.m. at the Mocksville Town Hall located at 171S. Clement Street.  Present: Commissioners Present:  Mayor, Will Marklin Jenny Stevenson Johnny Frye Justin Draughn Carl Lambert Rob Taylor  Absent:  Others Present: Ken Gamble, Town Manager All Benshoff, Town Attorney Lynn Trivette, Town Clerk Chris Vaughn, Parks and Grounds Director Emily Quance, Human Resources Director/Deputy Clerk Brian Moore, Public Works Director Frank Carter, Fire Chief  Jeannette Pitts, Director of Marketing and Community Development  Mayor Marklin called the meeting to order.  The Town ofMocksville Board paused for a moment ofs 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 ift there is any actual, potential, or perceived conflicts ofi interest with respect toa any matter on the proposed agenda which will come before the Town Board of Commissioners for consideration and/or decision at this meeting. If so, please speak up and let the Board know at this time Mayor recuses himself from New Business item "C".Consider Resolution to permanently discontinue: right of ways in Clement Crest Subdivision. Mayor Pro Tem, Rob Taylor will address agenda item.  before the agenda is adopted."  October 1, 2024  7D    Adoption of Agenda  AI motion was made by Commissioner Taylor t0 adopt the agenda as written. The motion was. seconded by  Commissioner, Lambert which carried by a umanimous 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 of 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 for this meeting may be stopped. Asa reminder, the comment period isi not a question and answer session. As always, the Mayor shall provide for Brian Schoppe addressed the Board. He lives at 335 Bear Creek Church Road. His concern is 6-15 RV's parked on agricultural property and set up like a campground. Just letting everyone know we oppose this  the maintenance of order and decorum in the conduct oft the comment period.  and hope something can be done.  Public Hearing for Text Amendment to Add the Definition and Conditions to the Table Uses fora  Planned Mixed Conditional Development (PMCD)  Johnny Easter addressed the Board. 8-3.10.3 DEFINITIONS  Planned Mixed Conditional Development (PMCD) A Planned Development primarily intended for single-family developments. A maximum of 20% of the total land of the development may be utilized for multi-family or non-residential uses, with the exception that 15% of the land may be utilized for a combination of lodging and other non-residential uses. The compatibility, location, and appropriateness of any multi-family or non-residential uses proposed shall be carefully considered. Commercial uses may be  permitted with conditions approved by the Mocksville Board of Commissioners.  8-3.3.5TABLE OF USES.  Conditional Zoning Districts: OSR CD, NR CD,and HCCD ADDITIONAL CONDITIONS FOR CERTAIN USES 8-3.8.73 Planned Mixed Conditional Development (PMCD).  (A) Minimum size. A PMCD shall be located on a site containing at least 20 contiguous acres. (B) PMCDs do not have any listed or permitted or special uses ins section 83.3.TableofUses. Rezoning to a conditional zoning district is required for each development. The approved uses shall be listed as specific conditions. PMCDs are primarily intended for single-family developments. A minimum of 15% gross oft the development shall be common open space. A maximum of 20% gross oft the total land ofthe  October 1, 2024  91    development may be utilized for multi-family or non-residential uses, however only 15% net of the land may! be utilized foracombimamionofhotel, motel and othernon-residential uses. The compatibility, location, and appropriateness of any multi-family or non-residential uses proposed shall be carefully considered. Those non-residential uses will be permitted with conditions approved by the Mocksville Board of Commissioners shall be reflected on the conditional zoning district supplement issued by the Zoning Sidewalks shall be provided on at least one side of all streets, except when approved by the Town Board. Sidewalks shall be constructed of concrete, brick, or stone paving materials on a case- by-case basis or when consistent with an adopted Town streetscape plan. Sidewalks shall be a minimum width of five (5)  Administrator.  feet. Vertical clearance along all sidewalks shall be at least eight (8) feet. Pedestrian and other modes ofnon-vehicular movement shall be provided.  Where perimeter lots in PMCDs do not meet the minimum lot area and dimensional requirements of the surrounding zoning district(s), a minimum 30-foot buffer is required between these lots and the adjacent minimum off four canopy trees, ten understory trees and 33 shrubs per 1001 linear feet. Thej planting material comprising the buffer shall be spread across the width ofbuffer and not just planted ini rows. The intent of this section is to soften the appearance oft the development and not necessarily screen it from view. Shrubs shall be expected to reach ai minimum height of 36 inches, and a minimum spread of30i inches within three year of planting. Understory trees shall be ai minimum of four feet high with a minimum caliper of one inch, measured six inches above grade when planted. Canopy trees shall be a minimum of eight feet in height and two inches in caliper, measured six inches above grade, when planted. When mature, a canopy tree should be at least 40 feet high and have a crown width of 30 feet or greater. A minimum of 25% of the understory trees and 75% of the shrubs shall be evergreens. The preservation of existing stands oft trees and shrubs is strongly encouraged and can be credited toward meeting this requirement if sufficiently demonstrated on the site plan and accompanied by pictures. This buffer shall be located on commonly owned land and shall be considered open space as described in division (E)(6) below. Where any individual lot in the PMCD does not meet the dimensional and area requirements of an abutting single-family zoning district, the buffer shall be required along the entire length of the PMCD that abuts the existing Common open space shall: not be less than 15% oft the total development area. Open space shall bel held in common ownership by a homcownersassociation, aj private non-profit conservation entity or accepted by  single family zoning district. [The single family districts are  The buffer shall contain a  development.  the Town ofMocksville as public open space.  Outdoor lighting shall meet all oft the following requirements: (I)The maximum height for lighting (pole mounted and wall mounted) shall be twenty feet, including the base/mounting fixture; and (2) Floodlights are not permitted for parking lot illumination; and (3) Lighting shall be directed downward and light spillover minimized with the use ofhoods and similar devices; and (4)I Lighting fixtures that produce glare visible from adjacent property(s) and public rights-of -way are prohibited; and (5) Light fixture designs shall meet the approved specifications of the Town ofl Mocksville Town Center district. Developer would submit the design and Town Board would have to approve.  This will allow thel Board to address the designs andi reflect on some oft the issues int the future developments  in the town.  October: 1, 2024  22    The Planning Board edited the table of uses and sent it to the Town Attorney and he had some additional Iam asking the Town Board not to take a vote tonight; taking it back to the Planning Board to consider  items to address. more edits.  Any questions or concerns before It take it back to the Planning Board?  Considering the text amendment would be a lay out for the developer and the Town Board would address  concerns with the developer and sign off oni it.  Mayor opened the public hearing for comments in favor or against. (6:09pm)  In favor of: No one spoke Against: No one spoke  A motion was made by Commissioner Taylor 10 continue the public hearing until the November 5, 2024 meeting. The motion was. seconded. by Commissioner Lambert which carried by a unanimous vote 5-0. Public Hearing for the purpose of extending thej job creation deadline to June 30, 2026, as approved  by the Golden Leaf Foundation Board for Liberty Storage Project.  Town Manager addressed the Board.  Liberty Sheds had a baseline of 44. jobs and committed to create 45 new full-time jobs. Currently, the company is reporting 58 full-time jobs at its Mocksville location. Economic hardship has hindered the company's expected growth. Q22024: sales were 21% under budget. The company has not laid off anyone and is employing numerous growth and recovery strategies. The planned rail spur suffered a setback when a 75; year old: sewer line was discovered under the main rail line and in the same location as the planned rail spur. In order for the rail spur to be installed, a new sewer line would be required in addition to the relocation of a manhole. With the company's construction budget already nearly $3million over budget, the company decided to forego the rail spur due to the additional cost oft this unforeseen sewer line. The problems with the rail spurl has delayed and changed the original plans of metal and lumber redistribution and postponed the respective anticipated hires respectively. With the recent slowdown in thej past quarter, plans are dynamic and changing. Liberty's current estimate on the company reaching 891 FT employees is  QTR2, 2026.  Mayor opened the public hearing for comments in favor or against. (6:12pm)  Ini favor of: No one spoke Against: No one spoke  Mayor closed the public hearing. (6:12pm)  To consider extending the job creation deadline to June 30, 2026, as approved by the Golden Leaf  Foundation Board.  October 1, 2024  23    A motion was made by Commissioner Draughn to approve extending the job creation deadline to. June 30, 2026, as approved byt the Golden LeafFoundation Board. The motion was secondedby Commissioner Frye  which carried by ai unanimous vote. 5-0.  Communications from Boards, Commissions & Agencies  Mayor recognized the proclamations.  Proclamation - Domestic Violence Awareness Month - October 2024 (Purple Lights) Proclamation - Operation Green Light for Veterans - November 2024 (Green Lights)  Recognizing Employee, Chief Carter  Frank Carter addressed the Board recognizing CJ Dwiggins as the new Fire Captain. His family is here and CJ's wife will pin his badge. CJ will be an asset to the fire department when I am not here.Ilook forward  tot this next chapter.  Social Media Quarterly Report - Merit Kirkpatrick, Marketing & Content Manager, Word Master Media  Group  Merit Kirkpatrick addressed the Board presenting the social media trends.  Managing six different accounts on three platforms. Town of Mocksville Facebook Town of Mocksville Instagram Town of Mocksville YouTube Channel Mocksville Fire Department "Twas thel Night Before Bed Race Mocksville Farmers Market  Each profile is audited and optimized for searches and for user experience. This includes:  Bio updated Graphics created Profile image updated Description optimized using keywords Settings audited and corrected as needed  October 1, 2024  24    TOWN OF FACEBOOK PAGE  TOWN OF INSTAGRAMI PAGE REACH- 12,138 +12K Q3F Reachs 12,138 Comparedto Q2Reach=121 INTERACTIONS +800 Q3l Interactions- 817 Comparedto Q21 Interactions-694 FOLLOWERS +1K Q3Followers= 1,463 Comparedto Q2F Followers=1438 TOWN OF MOCKSVILLE WEBSITE STATS  MOCKSVILLE MOCKSVILLE  REACH- 200,636 +200K Q3F Reach= 200,636 Comparedto Q2Reach= 59,200 INTERACTIONS +3K Q31 Interactions- 3,484 Comparedto Q21 Interactions: - 1,400 FOLLOWERS +6K Q3F Followers: - 6,315 Comparedt to Q2F Followers= 6,054 TOWN OF MOCKSVILLE YOUTUBE CHANNEL VIEWS- 166 166 3Public videos  EVENTS- 130,830 +130K Q38 Events= 130,830 Comparedto Q2E Events= =1 127,430 USERS 22,269 +22K Q3 Totall Users = 22,269 Comparedto Q21 Totall Users: = 19,615  WATCH TIME- 26.3HOURS  +26H  SUBSCRIBERS +6K 23Subscribers  OTHER FACEBOOK ACCOUNTS  Quarter: 3Sociall Media Statistics FIREI DEPARTMENT BEDRACE  STATS FOLLOWERS TOTAL REACH INTERACTIONS ENGAGEMENT  FARMERS MARKET 3,028 37,651 1,231  3,812 59,104 1,205  746 3,102 79  October 1, 2024  25    Q4GOALS & SOCIAL MEDIA PLANS  OCTOBER  GOALS Drive Traffic to Website Resources Support the change ofd date for the Superhero Sprint with posts thats share race changes and details Cross promote the Bed Race event media ont accounts the Town's social Gain Followers ont the Bed Race Pagef for LIVE Streaming oft the Event Bolster and highlight MTDA andi Town! Holiday Events Expandt ther reach oft thes social media accounts toir inform residents andp promotet tourism.  Autumn Equinox Festival Harvest Table Superhero! Sprint Downtown Halloween. NOVEMBER Twas the NightE Before Bed Race Start Promoting Holiday Events  DECEMBER Hometown Christmas Parade Holiday Events  Mocksville Tourism Development Authority Quarterly Finance Report - Lynn Trivette  Lynn Trivette addressed the Board. According to the MTDA by-laws the finances are to be reported to the Town Board on a quarterly basis. I am the Finance Officer for the MTDA and will be presenting these The budget VS actuals in front of you are from July to September (1St QTR). Their FY24-25 budget is $81,000 and current revenues are $24,440.68. As you can see $22,427.59 is made up of occupancy tax Current expenditures are $37,544.27; and you see the list ofl line items that are currently budgeted.  reports to you. revenues.  YTD MTDA ending balance is $232,804.95.  MTDA approved to invest $100,000; Ijust opened up a 6-month CDI last week at 4.5%.  Consent Agenda  A motion was made by Commissioner, Lambert to adopl the consent agenda as presented. The motion was seconded by Commissioner Draughn whicho carried by a unanimous vote of5-0. Items approvedwere: (A) September 3, 2024 Regular Board Meeting and Closed: Session (B) Monthly Financials (C) Tax Releases  and (D) Contribution Based Cap Report.  October: 1, 2024  910    OLD BUSINESS NEW BUSINESS  Consider Amending Personnel Policy Section 11 - Technology Adding General Statutes 143-805  Effective October 1,2024 Emily Quance addressed the Board.  To follow the new directive from the General Assembly, GS 143-805, we have updated the Technology Policy to reflect the required changes to our policy including blocking all access to such content across our network, requiring any such content to be removed from Town-issued For reference, our policy already prohibited such material from technology devices, networks, computers and the like. This encapsulates the new legislation. There are 2 specific dates referenced in the legislation: Oct1, 2024 as al hard deadline for any content to be removed from devices (which there already shouldn't be any) and January 1, 2025 to adopt the policy. Ihave included in this memo Personnel Policy Article VI: Conditions of Employment, Section 11. Technology Policy, Policy, Security G. Prohibited Use and Policy, Phone - B, reflecting the changes as well as a Coates' Canons article ( httpsl/canons.sog.unc.edu/2024/07/new-law- rgardingporography-onsovemmemtneteorksanddevces.) explaining what the General There are exceptions for workers/departments which have to view such material including, for example, law enforcement, social services/child protective services, and departments which  devices, and adding reporting requirements.  Assembly is doing.  need to test methods and procedures for blocking such content.  Page 41-42 - Article VI: Conditions of Employment, Section 11. Technology Policy, Policy = G. Prohibited Use - The following is al list of examples of prohibited uses. Thisi is noti intended tol be a comprehensive and complete list, but is included to provide a frame of reference for types of activities that are prohibited. Other uses not listed here may be deemed as Any use that violates federal, state, or local law or regulation is expressly prohibited. Knowingly or recklessly interfering with the normal operation of computers, Connecting unauthorized equipment to the network for any purpose is prohibited. Running or installing unauthorized software on Town computers is prohibited.  Security, G. Prohibited Use  prohibited.  networks, or other related equipment is prohibited.  October 1, 2024  211    Copying of any software from Town computers, for other than archiving purposes, is Using the Town network to gain unauthorized access to any computer system is The use of Town technology resources to access, transmit, store, display, or request obscene, pornographic, erotic, profane, racist, sexist, libelous, or other offensive or abusive material (including messages, images, video, or sound) is prohibited. See Pursuant to NCGS 143-805, Davie County will send an annual report to the State CIO on behalf oft the Town per interlocal agreement which states the County manages the The number of incidences of unauthorized viewing or attempted viewing of Whether the unauthorized viewing was by an employee, elected official, Whether any of the unauthorized viewing was on a device owned, leased, The use of Town technology resources in such a way as to create an intimidating or When using Town resources employees shall abide by the Town's policy on sexual Private computer networks and/or direct computer to computer connections created by users to bypass authorized security systems are prohibited. Only authorized file sharing systems maintained and supported by Davie County Technology Solutions are Town technology resources may not be used to solicit for personal gain or for the Performance of any of the following: port scanning, security scanning, network sniffing, keystroke logging, or other technology information gathering techniques Revealing your account password to others or allowing your account to be used by High-bandwidth applications, such as streaming video or audio, are prohibited unless Any attempt to disable, defeat, or circumvent any account, application or network  prohibited. prohibited.  NCGS 143-805  network, and will contain the following information: pornography on that public agency's network; appointee, or student of that public agency; and maintained, or otherwise controlled by that public agency.  hostile work environment is prohibited.  harassment.  approved for use for Town technology resources. advancement of a political or religious belief. when not part oft the employee's job function.  others.  they are utilized for legitimate work purposes.  security feature is prohibited.  Page 444- -Article VI: Conditions of Employment, Section 11. Technology Policy, Policy- - Phone  October1,2 2024  28    A. Mobile Device  Amobile device (smartphone ort tablet)may! bei issued to an employee to perform theirj job. Mobile devices are considered temporary data storage and shall not be used to preserve or retain public records including documents, photographs, text messages, email, contacts or other content which, if lost, would impair an employee's work, the work of their department or otherwise interfere with the retention and disposition of public records. The employee who is assigned a mobile device is responsible for storing content in approved locations such as Microsoft 365 email or OneDrive. Refer to Electronic Messaging section fori furtheri information. B. Pursuant to NCGS1 143-805, employees, elected officials, appointees, and students of each public agency who have pornography saved to a device owned, leased, maintained, or otherwise controlled by the public agency to remove, delete, or  uninstall that pornography no later than January 1, 2025.  A motion was made by Commissioner Stevenson to adopt amendments to the personnel, policy section 11 adding. general statutes 143-905 effective October 1, 2024. The motion was seconded by Commissioner  Taylor which carried byat unanimous vote. 5-0.  Consider Resolution Authorizing Legal Action to Enforce an Ordinance Ordering the Town Code Enforcement Officer to Enforce thel Minimum Housing Ordinance at 900 North Main Street Town. Attorney addressed the Board. This resolution allows the Town Attorney to bring a code enforcement On November 7, 2023 the Board of Commissioners of the Town of Mocksville adopted an ordinance entitled "AN ORDINANCE ORDERING THE TOWN OF MOCKSVILLE CODE ENFORCEMENT TO PROCEED TO EFFECTUATE THE PURPOSE OF THE MOCKSVILLE MINIMUM HOUSING CODE. AND G.S. $ IGOD-1201." This Ordinance was recorded in the Davie County Registry at Deed Book 1263, Page 565 on November 8, 2023. The Ordinance directed the Town's code enforcement officer to enforce the minimum housing ordinance, to levy fines and to  action on 900 North Main Street.  place a notice on the property that it is unfit for human habitation. The owners have failed to timely comply with the Ordinance.  The Town Attorney is authorized and directed to institute proceedings in the General Courts of Justice in Davie County, N.C. to obtain compliance with the Ordinance cited above, to obtain payments of the fines levied by the code enforcement officer and to foreclose on any liens the Town may. have on the property. The Town Attorney is authorized to bring any of the actions listed in N.C. Gen. Stat. $160A-175, Enforcement of Ordinances, against the property and or the  owners of record, who are now or formerly Mark and Kristine Karlek.  October 1, 2024  39    A motion was made by Commissioner Draughn t0 adopt resolution authorizing legal action to enforce an ordinance ordering the town code enforcement officer to enforce the minimum housing ordinance at 900 North Main Street. The motion was seconded by Commissioner Fryer which carried by a unanimous vote Consider Resolution to Permanently Discontinue Right of Ways in Clement Crest Subdivision  5-0.  Town Manager addressed the Board.  Donald and Shirley Jones filed a written request with the Board of Commissioners of the Town of Mocksville. Donald and Shirley Jones requested that the Board of Commissioners adopt an ordinance permanently closing in their entirety the undedicated portions of right of ways for the Clement Crest Subdivision as identified ina a 1946 survey filed with thel Davie County Register ofl Deeds. The undedicated sections of right of ways include two 40' access right of ways off South Main Street (Hwy 601 South). and a 10' right of way that runs roughly north to south from the north access right of way to the south access Through investigation determined that these right ofv ways, though shown on maps to exist, have not been developed and there are no future plans for development; therefore, it is not inconsistent with the best The Clerk will publish the resolution required by North Carolina General Statutes 160A-299, to providea copy by registered or certified mail to all owners of property adjoining the described right of ways and to The public hearing will take place on November 5, 2024 and ordinance considered by the Board. A motion was made by Commissioner Draughn to adopt resolution to permanently discontinue right of ways in Clement Crest. Subdivision. The motion was. seconded by Commissioner Lambert which carried by  right of way.  interest oft the Town to adopt the order requested by Donald and Shirley Jones.  post signs in prominent places along South Main Street.  az unanimous vote. 5-0.  Communication from' Town Staff Town Attorney Al Benshoff:  1. Remote Meetings - On July 11, 2022, Governor Cooper's office published a press release indicating that the statewide state of emergency will end on August 15, 2022. At that point, Section 166A-19.24, which provides explicit authority for remote meetings, will expire. Many elected and appointed boards across the state are unsure ift they have the legal authority to  continue meeting remotely after the state ofe emergency ends.  Town Attorney will report back to the Board with a PowerPoint addressing details concerning remote 2. U.S. Supreme Court case: What is government speech made by Government Officials? Where it crosses the line is from private speech to speaking as a town official. A little more complicated to  meetings.  explain.  October 1, 2024  30    Town Attorney will report back to the Board with a PowerPoint addressing details concerning  government speech.  Town Manager Ken Gamble: Town Manager does not have anything but would like Fire Chieft to discuss Frank Carter addressed the Board. He approached' Town Manager to get permission about a couple oft town employees going with the Statesville Fire Department to help out Western NC during its disaster relief. It  helping Western NC during its disaster relief.  has to be approved by Town Manager because ofinsurance reasons.  Communication from Mayor and Town Board Commissioner Lambert: Congratulations Commissioner Taylor: Congratulations Commissioner Frye: Congratulations Commissioner Draughn: Congratulations  Commissioner Stevenson: Congratulations to Captain Dwiggins  Mayor Marklin: Congratulations and glad you brought your kids and family.  Motion to enter closed session per NCGS 143-318.11 100amd(@topresere the atomey-lientprivlege A motion was made by Commissioner Taylor to enter closed session. The motion was seconded by A motion was made by Commissioner Taylor to re-enter open session. The motion was seconded by  and discuss personnel.  Commissioner Stevenson which carried by a unanimous vote. 5-0. Commissioner Stevenson which carried by a unanimous vote. 5-0.  October 1, 2024  21    Adjourn  A motion was made by Commissioner Taylor to adjourn the October 1,2024 Regular Board Meeting. The motion was. seconded by Commissioner Lambert which carried by a unanimous vole. 5-0. The attached documents are incorporated herewith and are hereby made aj part oft these minutes.  -  Milkiam AMakk William. J. Marklin, Mayor  dp aatke Lynn Trivette, Town Clerk, MMC, NCCMC  October 1, 2024  32