MINUTES OF TOWN COUNCIL MEETING OF THE TOWN OF STALLINGS, NORTH CAROLINA The Town Council of the Town of Stallings met for its regular meeting on November 28, 2011, at 7:00 p.m. at the Stallings Town Hall, 315 Stallings Road, Stallings, North Carolina. Those present were: Mayor Lynda M. Paxton; Council Members Reed Esarove, Thelma L. Privette, and Harry Stokes. Those absent were: Mayor Pro Tempore Wyatt Dunn and Council Members Paul Frost and Renee Hartis. Staff present were: Brian W. Matthews, Town Manager; Michael Dummett, Police Chief; Lynne Hair, Town Planner; and Erinn E. Nichols, Town Clerk. Invocation, Pledge of Allegiance and meeting called to order Mayor Paxton welcomed everyone to the meeting and thanked them for their interest in local government. Council Member Esarove delivered the invocation. Mayor Paxton led the Pledge of Allegiance and called the meeting to order. Public Comments Bobby Simpson, 3218 Weddington Road, was present to ask questions about the Weddington Road rezoning permit. He was concerned about the various dates given for the public hearing regarding that rezoning permit. Mayor Paxton explained there was a delay in the public hearing due to 1) an ordinance which stated a rezoning could not be heard immediately following an election, and 2) the inability of the developer to be present at the November 28 meeting. Mr. Simpson stated he wanted to speak to the developer because the developer was sending threatening letters to the landowners. Mr. Simpson was also concerned that the Mayor would not talk to him regarding the matter and that he had been told the Mayor thought he did not like her. Mr. Simpson stated that he did not lie regarding comments he made about the 9171 November 28, 2011
Mayor at a previous Council meeting. Mr. Simpson told the Mayor that she would not use her position over the citizens. Mayor Paxton stated she would have no problem discussing the situation with Mr. Simpson at an appropriate time. Mr. Matthews clarified that the hearing for the rezoning permit on Weddington Road was scheduled for January 9, 2012, at 7 p.m. and that the developer was scheduled to be present. Town Planner Lynne Hair explained that staff was required to notified property owners within 500 ft. of the property scheduled for rezoning. 1. Reports A. Report from the Mayor Mayor Paxton passed out her report to the Council and highlighted the following items: The Matthews Economic Development Advisory Committee held an economic summit for local business leaders on November 18. Doug Hutton was working on a second meeting of the Stallings Business Association in December. The revised Union County water and sewer plan included replacement of lines in Stallings to promote growth in the Town center. Town Manager Matthews and the Mayor attended Union Power s surprise grant award to the Literacy Facilitator at Stallings Elementary school on November 15. Town Manager Matthews and the Mayor attended the Fairfield Plantation HOA meeting on November 17 to give updates about the Town s stormwater activities in that community. Council Members were encouraged to give feedback regarding which committees they were interested in serving on as the liaison. Town Manager Matthews, the Mayor, Town Engineer Namin, and David Naylor met with the NC Turnpike Authority (NCTA) prior to the Council meeting: o Right-of-way acquisitions for the project would begin the following week by three firms. o The wall of the bridge would be a stamped concrete that would look like brick. o Construction would be done in six sections simultaneously. o Estimated completion date was prior to 2015. o Forest Park would have two new entrances. o NCTA would be responsible for the installation and maintenance of landscaping. o NCTA would install curb and gutter on Hwy. 74 and the effected parts of Stallings Road Town Manager Matthews added the following about the meeting with the NCTA: o Stallings requested the NCTA add a round-about at the intersection of Stallings Road and Indian Trail-Matthews Road due to CPCC traffic. o Stallings requested the NCTA relocate power/utility lines underground. 9172 November 28, 2011
o NCTA assured the Town it would be using mast-arm traffic signals. o Stallings voiced concerning about McKee Road connectivity. The Mayor s Report is attached to these minutes and therefore incorporated herein. B. Reports from Council Members Council Member Stokes reported he also attended Fairfield HOA meeting and noted the neighborhood received a grant from the forestry service to have areas cleaned up at no expense. He felt other neighborhoods should take note of Fairfield s work. Council Member Stokes also reported that the Parks and Recreation Committee met and felt there was a great need to finish the second phase of the park renovations. The first phase of the park was nearly completed. Council Member Privette thanked all for their support over the years and encouraged all to get involved in local government. Council Member Esarove stated that the Public Safety Committee met before the Council meeting to deal with administrative issues. C. Report from Town Attorney Town Attorney Cox was not present to give a report. D. Report from Town Manager Town Manager Matthews had nothing further to add. E. Report from Police Chief Chief Dummett reported that he had received thank you cards from the children at Stallings Elementary School for his visit earlier in the month. He also reported that a routine sex offender check with the Sheriff s Office led to marijuana growing operation bust where 1.9 pounds were 9173 November 28, 2011
obtained. The Stallings PD would be getting approximately $13,000 in asset forfeiture from this and other drug operations. Mr. Matthews noted that the Stallings PD actually conducted the bust - not the Union County Sheriff s Office as the press has reported. F. Report from Town Departments There were no reports from Town Departments. G. Report from Town Committees There were no reports from Town Committees. 2. Agenda Approval Council Member Stokes requested adding Agenda Item 6.A. as Phase II Park Improvements. The Agenda was approved with the above addition after a motion from Council Member Esarove and a second from Council Member Stokes. 3. Amendment to the Firearms Ordinance Mayor Paxton explained the ordinance amendment changed the distance a firearm could be discharged from 500 ft. to 750 ft. Council Member Esarove made a motion to approve as presented. The motion passed unanimously after a second from Council Member Privette. The Ordinance Amending the Regulations of Firearms is attached to these minutes and therefore incorporated herein. 9174 November 28, 2011
4. Amendment to the Noise Ordinance Mayor Paxton explained the amendment to the noise ordinance omitted the usage of the decimeter. After a motion by Council Member Stokes and a second by Council Member Esarove, the Noise Ordinance Amendment was adopted without opposition. The Noise Ordinance Amendment is attached to these minutes and therefore incorporated herein. 5. Ordinance Adopting Supplement Three of the Code of Ordinances Mayor Paxton explained this item adopted Supplement Three of the Code of Ordinances. It was noted that American Legal Publishing codified the Town Ordinances. Council Member Privette moved to adopt the Ordinance Adopting Supplement Three of the Code of Ordinances. The motion passed unanimously after a second from Council Member Stokes. The Ordinance Adopting Supplement Three of the Code of Ordinances is attached to these minutes and therefore incorporated herein. 6. Unified Development Ordinance Draft Review Mayor Paxton explained the Council began updating the Unified Development Ordinance (UDO) in 2008. The recent revision updated stormwater policies and regulations in the ordinance. Town Planner Hair reminded the Council that the final draft of the UDO was approved by Council last year however Town Engineer MJ Namin, Town Stormwater Consultant Don Ceccarelli, and Town Transportation Consultant David Naylor reviewed the UDO to ensure consistency between the Stormwater Ordinance and other transportation plans the Town had 9175 November 28, 2011
adopted. The Stormwater Ordinance was not included in the UDO but was referred to in the UDO due to the fact that stormwater requirements change and the Town s stormwater permit had to be applied for every five years. Ms. Hair explained the changes to the UDO: Article 2 definition for storm drainage easement added; regulations for easements Article 4 wording addressing stormwater run-off requirements added; location allowances for location of walls and fences in relation to easements and right-of-way Article 5 surface water rules and ramifications added for intentional blockage Article 8 language added addressing street right-of-ways and minimum design criteria for streets by class Article 10 Town s review process reconfigured to reflect Town s current process Ms. Hair reviewed the Town s process for adopting the UDO: In January 2008, Holland Consultants were hired to draft the UDO. Council approved the final draft in fall 2010 and requested staff hold community meetings for the opportunity of the public to review. Three community meetings were held. To complete the process, a public hearing would have to be advertised for four consecutive weeks prior to holding the hearing. The UDO document and maps would have to be adopted. Council Member Esarove made a motion to hold the public hearing and possible adoption of the final UDO and maps on Monday, January 23, 2012, and have staff advertise accordingly. The motion was seconded by Council Member Stokes and passed unanimously. 6.A. Phase II Park Improvements Council Member Stokes explained the park design was originally designed as one project, not two separate projects. He recommended approving Phase II of the park in order to have a complete park. The Town Manager explained the Council had already approved the current design firm, Site Solutions, to outline the engineering design plan for Phase II of the park. If the Council chose to move forward with Phase II of the park renovations, the Council would have to go out to bid for 9176 November 28, 2011
the project. The bids would be sealed and advertised according to NC General Statutes. Phase II would cost approximately $730,000 1,000,000 and would take about four months to complete. It was noted Phase I was nearly complete and should be finished in December. After evaluating the situation, Council Member Esarove made a motion to go out to bid for Phase II of the park improvements as soon as the design plans were completed by Site Solutions. The motion was seconded by Council Member Privette and passed unanimously. 7. Adjournment Council Member Stokes moved to adjourn the meeting, seconded by Council Member Privette, and the motion received unanimous support. The meeting was adjourned at 8:00 p.m. Approved on December 12, 2011. s/ Lynda M. Paxton s/ Erinn E. Nichols Lynda M. Paxton, Mayor Erinn E. Nichols, Town Clerk Approved as to form: s/ Perry, Bundy, Plyler, Long, & Cox, LLP Perry, Bundy, Plyler, Long, & Cox, LLP 9177 November 28, 2011