PROPOSED AGENDA Bermuda Run Town Council Meeting Tuesday, February 11, 2025 Bermuda Run Town Hall Mission: "The Town of Bermuda Run exists toj provide core public services that enhance the quality oflife for its residents and an environment. for the business TERNUD 6:00 PM community to thrive". 1. Call to Order 2. Pledge of Allegiance 3. Moment of Silence a. Recognition of Quorum "It is the intent of the Town Council to: solemnize the proceedings of this meeting and the business brought before the governing board, to offer the opportunlyfororefective moment ofs silence." 4. Town of Bermuda Run Code of Ethics Statement-Town. Attorney Brian Williams 5. Adoption of the Agenda Motion: Second: In Favor: Opposed: 6. Approval of. January 14, 2025 Town Council Meeting Minutes Motion: 7. Citizen Comments Second: In Favor: Opposed: 8. Proclamation Black History Month History Month in the Town of Bermuda Run. Mayor Brannon and the Bermuda Run Town Council recognize the month of February 2025 as Black 9. Recognition - Community Officer Mike Foster, Davie County Sheriff's Office 10. Action Item- - Resolution to Restore the Authority for Local Governments to Initiate Down-zoning and to Repeal Subpart III-K of SB 382/Session Law 2024-57 and to Restore the Original Provisions of N.C.6.S160D-601d) Motion: Second: In Favor: Opposed: 11. Presentation- Cameron Webb, Davie County Director of Emergency Management, Fire Marshal 12. Town Manager Report/Comments 13. Council/ Mayor Comments 14. Adjourn: Motion: Second: In Favor: Opposed: Town of Bermuda Run Town Council Meeting Minutes January 14, 2025 - 6:00 PM The Town Council of] Bermuda Run held its scheduled meeting on Tuesday, January 14, 2025 at Council Members Present: Mayor Mike Brannon, Rod Guthrie, Rae Nelson, Christy Schafer, and 6:001 PM. The meeting was held at the Bermuda Run Town Hall. JeffTedder Council Members Absent: Mike. Ernst Also Present: Andrew Meadwell, Town Manager; Charlie Chapman, Management Analyst; Brian Williams, Town Attorney; and Cindy Poe, Town Clerk Call to Order Mayor Mike. Brannon called the meeting to order and recognized the Quorum. Pledge of Allegiance Moment of Silence It is the intent oft the Town Council to solemnize the proceedings oft this meeting, and thel business brought before the governing board to offer the opportunity ofar reflective moment ofs silence. Town of Bermuda Run Code of] Ethics Statement/Voting Procedures - Town Attorney Brian Williams Adoption oft the Agenda Council Member. Jeff7 Tedder made a motion to approve the agenda as amended. Council. Member Christy Schafer seconded the motion. The motion was approved. by a vote offour (4) inj favor and none opposed. Approval oft the December 10, 2024 Council Meeting Minutes Council Member. Rae Nelson made a motion to approve the December 10, 2024 Council Meeting Minutes. Council Member Rod Guthrie seconded the motion. The motion was approved by a vote of four (4) inj favor and none opposed. Citizen Comments Janet Huskins of118 Sycamore Park Lane stated that she is a member oft the gate committee established by the mayor and that Allied Universal has been holding employees responsible. "Chick" Henn of228 Sycamore Ridge Drive feels that the town should continue managing gate Phil Bargoil of210 Sycamore Ridge Drive has not met the new. Mayor or Town Manager, but feels Dr. Suzanne Hess of 277 Orchard Park Drive thanked all members oft the gate committee and feels that Allied Universal has been responsive to concerns and feels we should continue the current relationship. operations. they need to improve credibility. He doesn't want anything done with the gates. John Nelms of 222 Orchard Park Drive likes the gates just the way they are. Action Items A. Gate Operations The Town Manager isi requesting consent on pursuing the RFP process for Gate Operations that include a' "Staffing Only Model" and Statinmg/Admimstration Model". This is required to get a Council Member. JeffTedder made a motion to approve the request to pursue the RFP process. Council Member. Rae Nelson seconded the motion. The motion was approved by a vote offour (4) contract with a vendor (which could be Allied Universal). inj favor and none opposed. B. "FPIC" Response letter to the NC Department of State Treasurer Council Member Christy Schafer made ai motion to approve the letter regarding the sewer fund as presented. Council. Member Rod Guthrie seconded the motion. The motion was approved by a vote Town Manager Comments There will be no Planning Board Meeting in January. Still waiting for clarity regarding Senate Bill 382. Pedestrian Plan (BR East) Meetings next week. Leaf pickup ending Mayor Comments - Thanked all attendees and speakers. Recognized Smith Grove Fire Chief Howard. Continue tol keep everyone affected by California wildfires in thoughts/prayers. Jamon Gaddy's presentation regarding Davie County Tax revaluation is on the Town's website www.lownofbr.com. Discussed Senate. Bill 382 in more detail and how it affects the desire to manage growth in the town - Land Use/Zoning changes to align to vision oft the Comprehensive Plan. Community Officer Mike Foster will be leaving his position in March to pursue other opportunities with the Sheriff's Department. Plans are to: recognize his outstanding, job as Community Officer att the February Council Meeting. Davie County Fire Marshal Cameron Webb is scheduled to present at the February Council Meeting. Thanked Stacy Cornatzer and team for their hard work on snow: removal this past weekend. He also thanked Blakely Landscaping for their great job ofl leafremoval this season. offour (4) inj favor and none opposed. this week; recent snow: removal update. Adjourn none opposed. Approved With noj further business to discuss, Council Member. JeffTedder made a motion to adjourn. Council Member Rod Guthrie. seconded the motion. The motion was approved by a vote offour (4) inf favor and Respectfully Submitted Mike Brannon, Mayor Cindy Poe, Town Clerk DERMUL PROCLAMATION BLACK HISTORY MONTH WHEREAS, much of The Town of Bermuda Run's honor, strength, and stature can be attributed to the diversity of cultures and traditions that are celebrated by the residents oft this great town; and WHEREAS,African Americans have played significant roles in the history ofNorth Carolina's economic, cultural, spiritual, and political development while working tirelessly to maintain and promote their culture and history; and WHEREAS, as a result of their determination, hard work, and perseverance, African Americans have made valuable and lasting contributions tot the' Town ofBermuda Run and our state, achieving exceptional success in all aspects of society including business, education, politics, science, and the arts; and WHEREAS, in 1976, Black History Month was formally adopted to honor and affirm the importance of Black History throughout our American experience, which goes back thousands of years and includes some of the greatest, most advanced, and innovative societies in our history that we can all draw inspiration from; and WHEREAS, Black History Month is a time for all Americans to remember the stories and teachings of those who helped build our nation, took a stance against prejudice tol build lives of dignity and opportunity, advanced WHEREAS, during Black History Month all Americans are encouraged to reflect on past successes and challenges ofAfrican Americans and look to the future to continue to improve society SO that we. live up to the cause of civil rights, and strengthened families and communities; and the ideals of freedom, equality, and justice; NOW, THEREFORE BE ITI RESOLVED THAT, I, Mike Brannon, Mayor, do hereby proclaim February 2025 as Black History Month in the Town of Bermuda Run. Signed this, the 11th day of February 2025. Mike Brannon, Mayor DERMIDN RESOLUTION NO. 2025-R-001 ARESOLUTION REQUESTING THE TOWN OF BERMUDA RUN'S DELEGATION? TOTHE GENERALASSEMBLY OF NORTH CAROLINA TO SUPPORTI HB 24 LEGISLATION THAT RESTORES THE AUTHORITY FOR LOCAL GOVERNMENTS TO: INITIATE DOWN-ZONING AND TO REPEAL SUBPARTII-K OF SB: 382/SESSION LAW: 2024-57. AND TO RESTORE THE ORIGINAL PROVISIONS OF N.C.G.S. 160D-601(d) WHEREAS, Senate Bill 382, entitled "ANACTTO MAKE MODIFICATIONS TO. AND PROVIDE ADDITIONAL APPROPRIATIONS FOR DISASTER RECOVERY; TO MAKE TECHNICAL, CLARIFYING, AND OTHER MODIFICATIONS TO THE CURRENT OPERATIONS APPROPRIATIONS ACT OF 2023; AND TO. MAKE VARIOUS CHANGES TO THE. LAW ("SB 382"), became law on December 11,2024 (Session Law 2024-57); and WHEREAS, Subpart III-K of SB 382 entitled LOCAL GOVERNMENT (the Down-zoning Provision"), amends N.C.G.S. 160D-601(d) by prohibiting local governments from enacting or enforcing any zoning regulations, or zoning map amendments, that would constitute down-zoning" without first obtaining the written consent ofa all property owners whose property would be subject to such an amendment; and WHEREAS, passage of Session Law 2024-57 has severely affected the Town's implementation of its costly and statutorily required comprehensive land use plan by severely limiting or prohibiting town-initiated zoning and development standards within its Comprehensive Plan; and WHEREAS, as a practical matter, passage of Session Law 2024-57 eliminates the authority of a local government to adopt a zoning text amendment applicable to entire nonresidential zoning districts and severely limits the authority of a local government to adopt regulations related to residential zoning districts given the time, effort, and cost ofidentifying all ofthe owners ofj parcels within such zoning districts, and the implausibility that all owners will consent to the amendment. In short, the new law empowers a single property owner to override the will of a unanimous governing board, a developer, and perhaps all or a vast majority of the other property owners affected by the amendment; and WHEREAS, all North Carolina local governments continue to face planning challenges presented by growth and development. Each local government's zoning authority has historically provided a rational means to balance those challenges with the needs of its community based upon the will of the people as determined through public engagement, and ultimately, elections. The down zoning provisions of SL2024-57 effectively freeze local government zoning in nonresidential districts as such zoning regulations existed on June 11, 2024 (the 180-day lookback date of the new law), and as such greatly diminishes the paramount local government authority to manage growth and change consistent with the needs ofits jurisdiction; NOW, THEREFORE, BE: ITRESOLVED BYTHE BERMUDA RUN COUNCIL: Section 1. That the elected: representatives for the Town ofBermuda Run who serve int the North Carolina General Assembly arel hereby requested to support HB: 24 and/or secure thej passage ofany subsequent legislation to repeal the provisions of Subpart III-K of SB 382 (Session Law 2024-57) SO that the original provisions of N.C.G.S. 160D-601(d) are restored, and or in the alternative, to add the Town of Bermuda Run and its extra territorial area as a covered jurisdiction in Section 2.(a) of Senate Bill 11 (DRS35007-MQ-12) filed on January 29, 2025 currently entitled "An Act To Restore The. Authority To Initiate Down-Zoning in Stanly County" and House Bill 25 (DRH40012-MQ-9) currently entitled "Restore Down-Zoning Auth./Stanley & Catawba." Section 2. That a certified copy of this resolution be forwarded to the Hon. Steve Jarvis, member oft the North Carolina Senate, and the Hon. Julia Howard, member oft the North Carolina House of] Representatives. Approved unanimously by the Town Council ofthe' Town ofBermuda Run on this day 2025. Mike Brannon, Mayor Cindy Poe, Town Clerk