VILLAGE OF WESLEY CHAPEL COUNCIL MEETING MINUTES WESLEY CHAPEL TOWN HALL 6490 Weddington Road, Wesley Chapel, NC 28104 April 3, 2017 7:00 PM The Village Council of Wesley Chapel, North Carolina met in the Town Hall at 6490 Weddington Road, Wesley Chapel, North Carolina. Council Present: Mayor Pro Tem Kenary, Council Members Como and Kaperonis Absent: Mayor Kapfhammer, Council Member Rodriguez Others Present: Clerk/Finance Officer Cheryl Bennett; Planning/Zoning Administrator Bill Duston Standing Items 1. Call to Order, Pledge of Allegiance, Invocation Time Stamp 0:00 Mayor Pro Tem Kenary led the Pledge of Allegiance and Council Member Kaperonis gave the invocation. 2. Public Comments Time Stamp: 0:10 Diana Bowler spoke asking for a solution to the Hwy. 84 road widening that maintains both Southbrook Church s parking lot and the dog park which was created with volunteer labor. She also noted there are many flags at the park, and asked that funds would be better spent elsewhere instead of putting in a sprinkler system at the park. 3. Additions, Deletions, and Adoption of Agenda Time Stamp 3:22 Council Member Como proposed adding items for an update on the distressed properties, update on the fountain, a budget meeting date, and replacement of the planner and administrative assistant. Letters were received from the Code Enforcement officer today, and will be forwarded to Council. The following items were added to the agenda: Update on Park Fountain, Rotary Club Request, and Update on Park Cleanup ; No Dumping Sign on Park Dumpster was removed from the agenda, and approval of the February 13, 2017 minutes was moved from Consent Agenda to New Business. Council Member Como motioned to adopt the agenda with the above revisions. Council Member Kaperonis seconded the motion. 4. Consider Approval of Consent Agenda Time Stamp 8:25 a. Approve the minutes of March 3, 2017 emergency meeting, March 13, 2017 council meeting, and special meetings on March 10, 2017 and March 16, 2017 b. Approve the previous month planner s and code enforcement reports c. Proclamation for Classics Week d. Receive Certificate of Sufficiency for annexation petition Page 64
e. Resolution 2017-08 Fixing Date of Public Hearing on Question of Annexation Pursuant to GS 160A-31 for May 8, 2017 at 7 pm f. Approve Audit Contract with Kendra Gangal, CPA for the 2016/17 audit for $4,900 Council Member Como motioned to approve the consent agenda, Council Member Kaperonis seconded the motion. Village of Wesley Chapel, NC Proclamation for Classics Week WHEREAS, the National Junior Classical League (NJCL) was founded in 1936 to encourage an interest in and an appreciation for the language, literature, and culture of the ancient Greeks and Romans; and WHEREAS, in North Carolina there are 41 chapters of the NJCL, and 149 middle and high school students of Latin, Greek, and the Classics; and WHEREAS, North Carolina JCL Chapters are involved in the educational needs of its student members and are committed to a better future for their students and the community, through active participation in service and outreach projects; and WHEREAS, Latin students believe that the Classics still hold great value to modern society and that the spreading of the Classics is vital to the continued appreciation and spreading of interest in the Classics; and WHEREAS, Village of Wesley Chapel Classics Week is held in commemoration of the traditional anniversary of the founding of ancient Rome (April 21 st ) and in celebration of the North Carolina Junior Classical League 69 th annual state convention (March 31 st April 1 st, 2017); and WHEREAS, the Village of Village of Wesley Chapel recognizes the relevance of Classical culture in relation to its own history, the great interest that many Village of Wesley Chapel residents hold for the Classics, and the countless benefits that studying Classics offers to everyone; and Page 65
NOW, THEREFORE BE IT PROCLAIMED AND RESOLVED, that I, Mayor David Kapfhammer, PhD, do hereby recognize the week of April 21 st 27 th, 2017 as Village of Wesley Chapel Classics Week and I call this proclamation to the attention of all our citizens. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the Village to be affixed this 3rd day of April, 2017. Signed SEAL Attest Mayor Dr. David Kapfhammer, PhD Cheryl Bennett, Village Clerk Certificate of Sufficiency To the Wesley Chapel, North Carolina, Village Council: I, Cheryl Bennett, Village Clerk, do hereby certify that I have investigated the petition for parcel 06048418 at 1023 Patricians Lane, Monroe, NC 28110 and have found as a fact that said petition is signed by all the owners of real property lying in the area described therein, in accordance with G.S. 160A-31. In witness whereof, I have here unto set my hand and affixed the seal of the Village of Wesley Chapel, this 3rd day of April, 2017. SEAL Cheryl Bennett, - Village Clerk Page 66 Resolution 2017-08 RESOLUTION FIXING DATE OF PUBLIC HEARING ON QUESTION OF ANNEXATION PURSUANT TO G.S. 160A-31 WHEREAS, a petition requesting annexation of the area described herein has been received; and WHEREAS, the Village of Wesley Chapel has directed the Village Clerk to investigate the sufficiency of the petition; and WHEREAS, certification by the Village Clerk as to the sufficiency of the petitions has been made; NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Wesley Chapel, North Carolina that:
Section 1. A public hearing on the question of annexation of the area described herein will be held at the Wesley Chapel Town Hall, at 6490 Weddington Road, Wesley Chapel, North Carolina at 7:00 pm, on May 8, 2017. Estates at Wesley Oaks parcels: lot 50 (1023 Patricians Lane, Monroe, NC 28110) Section. 3. Notice of the public hearing shall be published in the Enquirer-Journal, a newspaper having general circulation in the Village of Wesley Chapel, at least ten (10) days prior to the date of the public hearing. Approved April 3, 2017. ATTEST: Mayor David Kapfhammer, PhD Cheryl Bennett, Clerk 5. Deputy Report Time Stamp 8:37 The Deputy was not present. 6. Youth Council Committee Report Time Stamp 8:42 The Chair was not present. 7. Planning Board Report Time Stamp 8:50 Planning Board Chair John Souza reported on the March 27, 2017 meeting; discussion was held on retaining walls and the need to refine the definition, tree clearing text was tabled, and Union Power made a presentation regarding plantings in right of way areas, and noted some of our approved tree species are invasive. Union Power is willing to look at plans on a gratis basis, and Council would like them to present at a future meeting. Mr. Souza said they would like to have a map of Wesley Chapel in the council chambers or electronically projected. Mayor Pro Tem Kenary asked for a subdivision map; Bill Duston said he has an old one that can be updated; Council approved spending up to $500 on this. Mr. Souza also noted Planning Board is looking at barns definitions, etc. 8. Finance Report Time Stamp 18:34 Finance Officer Bennett reported that reports were not issued because the meeting fell so close to the first of the month. During March we received our sales tax refund from the State, and quarterly revenue sharing, Expenditures included the 4 th quarter deputy payment. The new computer has been received and will be set up tomorrow, the cost was $1250 plus Office software of about $250. GIS software is not used by Bill Duston, about twice a year an N-Focus employee comes out and revises our maps. As long as it is on the old computer, we can still use Page 67
it, and Bill Duston suggested we wait for the new planner before purchasing any new software. The cost of new GIS software is about $1,200. 9. Public Hearing on the Conversion of Land at Dogwood Park, 121 Lester Davis Road, Waxhaw, NC 28173. To Accommodate the Widening of Highway 84. Time Stamp 24:14 Mayor Pro Tem Kenary opened the public hearing. Diana Bowler reiterated her thought from public comments about keeping Southbrook Church parking, use the land next to the park from where they will re-locate Lester Davis Road to offset the land lost along Highway 84, do not take land away from the dog park since it was done with volunteer efforts, and recommended a cross walk at Lester Davis Road to save on future deputy costs for events. The public hearing was closed. Old Business 10. Consider Preliminary Plat Approval for Courtyards Subdivision Time Stamp 26:55 Bill Duston displayed a plat map showing all the retaining walls and those with fencing on top. Although the easements run through the tree save area (TSA), the TSA is computed exclusive of easements, and the site plan meets all our requirements. Engineer Frank Cantrell answered questions, page C4.1 has a table showing the percentages of trees, and there is no hatching within the easements because they did not count toward the TSA. Mayor Pro Tem Kenary noted there are trees shown within the sewer easement, as not being removed. Mr. Cantrell said they are not double counted, and he will get her an overlay. Bill Duston noted there are two components of our tree ordinance; tree save area, and heritage trees. If any trees larger than 20 inches in diameter are in the sewer easement, they will have to be mitigated. Mr. Cantrell confirmed all those have been mitigated. He then reviewed the Union County Building Code requirement for fences on retaining walls; Mr. Duston noted they will have to meet the Union County Building Code requirements, and that could be included in the motion. Council Member Como said he likes trees, but not our tree save ordinance; it requires trees that we know will not survive. Mayor Pro Tem Kenary motioned to approve the preliminary plat for the Courtyards subdivision contingent upon follow-up with the tree save area and the easements and the subdivision is in compliance with the County building code. Council Member Como seconded the motion. 11. Decision on Highway 84 Moving Into Dogwood Park Time Stamp 41:08 Mayor Pro Tem Kenary noted we are just approving moving the road into the park, we are not making any other decisions regarding the road. Mayor Kapfhammer had conversation with PARTF who made a few suggestions to replace the park land being lost, either a land swap or purchasing new land, or a trailhead on the Carolina Thread Trail. DOT and the engineering firm agreed to look into the options of a land swap. Council Member Como commented that when we developed the park we knew the road would be widened, and purposely put the split rail fence fifty feet in from the road. He had conversations with Southbrook Church and as long as they Page 68
keep their parking, they are okay with giving up some land; he felt this would make everyone happy, and also save the ballfields if the road jog at Antioch Church Road was moved to the east. Mayor Pro Tem Kenary motioned to move forward with DOT and working with PARTF on the road widening moving south into the Park and allowing the engineers to present to us how it will look. Council Member Como asked to amend the motion to ask that they try to move only within the fifty feet. Mayor Pro Tem Kenary said the engineers said they cannot do that at this time and won t know until they get there. Council Member Como seconded the motion and added that he went out with the Mayor and they measured what would be the final width, sidewalk to sidewalk, and there is a way to do this and make everyone happy. Council Member Kaperonis noted in Wadesboro there is a caution light and a walkway and that would be useful here; that would be addressed at a later stage. Council Member Como motioned to add to the recommendation to DOT that they try to incorporate a crosswalk and flashing light there between Southbrook Church and the Park. Council Member Kaperonis seconded the motion. 12. Procedure to Respond to Complaints Time Stamp 49:35 Council Member Como said there was no time to address this as the agenda item was due three days after the last meeting, he found other towns have no formal procedure. 13. Update on Farmers Market Time Stamp 50:20 Mayor Kapfhammer suggested starting May 18 th ; advertising was discussed. We have banners and ten stake signs. A draft farmers market application had been sent out to Council, and a suggested $50 annual fee. The attempt is to make the market self-running, vendors will provide their own tables and tents, and we can keep a list on the door of who has paid their fee to participate. Council Member Como suggested the farmers market be revenue neutral. Council Member Kaperonis mentioned vendors will put it on their Facebook pages, and we can put it on our Facebook page. Council Member Como wanted separate accounts for park events and for farmers market. Currently we have $600 available in events advertising. Council Member Como wanted to provide funds for the Pig in the Park event on May 6 th. Mayor Pro Tem Kenary motioned to spend up to $600 on farmers market advertising. Council Member Kaperonis seconded the motion. The motion passed 2-1, with Como voting nay. Diana Bowler, on behalf of Wesley Chapel Friends of Parks and Rec, (FOPR) requested $1,000 for event services, including portajons and advertising. Council Member Como motioned to move $500 from Events Services to Events Advertising. Council Member Kaperonis noted it is an opportunity to co-market the town. Mayor Pro Tem Kenary felt we should be using a donations account. Diana Bowler clarified that FOPR accepts donations from individuals that can only be used at the park; they do not take donations from the town. They do ask for the town to partner for an event, and pay for a specific service being Page 69
provided. When they had asked for approval of the event dates, they had asked for the town to commit to provide services for the events. Mayor Pro Tem Kenary noted the park rental policy calls for a $300 fee, and we are waiving that for the FOPR events; she felt that the accounts were for town sponsored events, not for FOPR events. Council Member Kaperonis seconded the motion. The motion passed 2-1, with Kenary voting nay. Council Member Como motioned to pay for the May 6 th, 2017 Pig in the Park event s advertisement, portapots and sinks up to $1,000 out of existing accounts. Council Member Kaperonis seconded the motion. Mayor Pro Tem Kenary noted we don t have a contract with FOPR. Council Member Kaperonis noted a concern that the negativity from the FOPR Facebook page bothers him, and asked how to make it more positive; he sees comments on donating for future amenities, which he doesn t know what they are. Diana Bowler replied that the public is concerned and feel funds are not appropriated correctly; when she asked for Council to approve six event dates, the Mayor had to practically force approval of three events. The motion passed 2-1, with Kenary voting nay. A short break was held. 14. Update on Park Fountain Time Stamp 1:28:14 Clerk Bennett said the pump manufacturer referred her to the nearest authorized pump repair location in South Carolina, she asked Foster Pond to pull the fountain, and they said they were an authorized repair location, so they will be pulling the fountain. 15. Special Park Clean-up Time Stamp 1:30:58 Mayor Pro Tem Kenary noted US Lawns came out and did their portion, Council Member Como referred to the minutes at page 42, book 20, which is the special council meeting called to authorize the clean-up. He read what US Lawns was to provide including removing downed trees and or dead trees on the front two trails, as well as the removing limbs from the large tree near the park entrance and others in that area. Council Member Como said they did their work but they missed a few items and before we pay them they need to come back and do these small items. Pictures were shown of the tree by the entrance, and dead branches there. Mayor Pro Tem Kenary said only the tree by the entrance was to have limbs addressed, Council Member Como referenced the minutes and disagreed noting it includes the trees by the gate off SR 84. He also noted all of the three boulders were not moved. Mayor Pro Tem Kenary said there was no cost to move the boulders. Council Member Como said the minutes show the gravel was to be moved, and he had a photo showing it had not been moved; Mayor Pro Tem Kenary said they didn t need to move it all. After further discussion Cheryl Bennett volunteered to go to the park with Council Member Como to identify the trees he wants further work done on, and she will call US Lawns. Council Member Kaperonis motioned that we look at the actual contract with US Lawns, Cheryl and Mike will identify the three or four spots where more work is needed and ask US Lawns and if they do the work, pay them immediately, if not included in the quote, get a quote for additional work and release the check. Mayor Pro Tem Kenary seconded the motion. Page 70
The quote from Lucas Landscape was $410 to spread the mulch pile, and $890 to repair the bridge wash-out and the maintenance entrance; Mayor Pro Tem Kenary met with Ron Andrews from Lucas who is state certified in stormwater, and they will fix the fence posts for $40; funds are still available. Mayor Pro Tem Kenary motioned to spend $890 for the bridge repair only, changing the scope of work to add $40 for the fence post repair. Council Member Kaperonis seconded the motion. New Business 16. Rotary Club Time Stamp 2:09:40 Paula Smith from the Waxhaw Rotary club asked to have a work day at the butterfly garden for maintenance and to extend the garden. Mayor Pro Tem Kenary motioned to approve the work day on April 22, 2017 and to extend the butterfly garden another fence width. Council Member Kaperonis seconded the motion. 17. Consider approval of February 13, 2017 minutes Time Stamp 2:11:41 Council Member Kaperonis motioned to approve the February 13, 2017 council minutes. Mayor Pro Tem Kenary seconded the motion. Clerk Bennett read the disputed section, which is the second paragraph of the Special Park Clean- up, item 20. The motion passed 2-1 with Como voting nay. Ending Items 18. Council Comments Time Stamp 2:14:55 Council Member Como asked where the mulch pile is being moved; Mayor Pro Tem Kenary said it is decomposed, and will be placed in the woods. He asked about the flags at the park, replacing the administrative assistant and planner, and the date for the budget meeting. Council Member Como added he looked at the old computer, and found a certificate of appreciation Mayor Pro Tem Kenary made for Dennis Moser, and thought it was strange when she said she was not present when he did work there. Mayor Pro Tem Kenary said Bill Rodriguez made arrangements for Moser to bring a truck to the park, and she knew he was going over there but did not know what he was doing, and said she was not present there for any removal of any items. Her son was there and replaced a broken fence post. Council Member Como asked if she signed off on community hours for her son, she said Bill Rodriguez had signed off, and she signs off for service hours on students for other items. Council Member Como noted there was personal items and photos on the computer from the Mayor Pro Tem, and she said when she opened an email, it goes to downloads. Mayor Pro Tem Kenary noted Saturday evening she attended the American Cancer Society Luminaria event, and spoke on behalf of the Village. It was a moving event, and luminarias can be purchased on-line for the Sun Valley event on May 5 th, and one in Charlotte May 18 th. Page 71
19. Adjournment Time Stamp 1:39:40 Council Member Como motioned to adjourn; Council Member Kaperonis seconded the motion. The meeting ended at approximately 9:35 pm. Respectfully submitted, Cheryl Bennett, Clerk Mayor Dr. David Kapfhammer Page 72