ERWIN BOARD OF COMMISSIONERS MEETING MINUTES SEPTEMBER 2, 2010 REGULAR MEETING ERWIN, NORTH CAROLINA

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ERWIN BOARD OF COMMISSIONERS MEETING MINUTES SEPTEMBER 2, 2010 REGULAR MEETING ERWIN, NORTH CAROLINA 7498 The Board of Commissioners for the Town of Erwin with Mayor Patsy Carson presiding, held its Regular Meeting in the Town Hall on Thursday, September 2, 2010 at 7:00 P. M. in Erwin, North Carolina. Board Members present were: Commissioners William Corbett, Randy Baker, Frank Taylor, and Michael West. Board Members absent were: Commissioners Norma Ennis and Mark Whitman. Town Manager Bryan Thompson and Town Clerk Cynthia Patterson were present. Town Attorney Mac Hunter was present. Mayor Patsy Carson called the meeting to order at 7:00 P. M. Commissioner Taylor gave the invocation. Those present recited the Pledge of Allegiance. AGENDA ADJUSTMENTS/APPROVAL OF AGENDA Commissioner West made a motion to Add Item G Budget Amendment for Heating/Cooling System at Girl Scout Hut and was seconded by Commissioner Corbett. The Board voted 4 for and 2 absent (Commissioners Whitman and Ennis). CONSENT ITEMS Commissioner Baker made a motion to approve (Item A) Approval of Regular Minutes on 8/05/2010, Approval of Special Called Minutes on 07/14/2010, (Item B) Tax Releases/Refunds: 2010-11 #1-2, (Item C) Fall 2010 Road Paving & Patching Priority List, (Item D) Park Advisory Board Appointments, and (Item E) Resolution in support of the Establishment of a College of Osteopathic medicine at Campbell University, (Item F) Proclamation to Congratulate the 2010 Erwin 12U Softball Fast Pitch State Champions and to Honor the Players and Coaches on an Amazing Season (Item G) Budget Amendment for Heating/Cooling System at Girl Scout Hut and was seconded by Commissioner West. The Board voted 4 for and 2 absent (Commissioners Whitman and Ennis). (Page 7498 A-K)

7499 MINUTES OF SEPTEMBER 2, 2010 CONTINUED PRESENTATION Mayor Carson asked for all of the Erwin 12U Softball Fast Pitch State Champions to come forward. Mayor Carson then read the resolution and congratulated the Champions on an amazing season. OLD BUSINESS PORTER PARK LIGHTING Town Manager Bryan Thompson informed the Board that at the last meeting a proposal for lighting at Porter Park was presented to the Board. The lighting included area lighting at the front of the park, lighting under the picnic shelter, and lighting around the basketball courts. The total project cost came to $5400. This included using existing poles, replacing bulbs and lenses, instillation of a refurbished pushbutton control timer for court lighting, and replacing underground wiring. The Board directed the Town Manager to get quotes for only the court lighting with pushbutton control and to see if STEP would fund this project. The Town Manager informed the Board that STEP Leadership Team decided to not add this project as a proposed STEP Project. A quote for only court lighting comes in at $4200 from Dewayne Holmes with Walter Holmes Electric. Commissioner Taylor suggested in looking at the Cell Tower account in which the Town receives $1700 on a monthly basis for rental. This account has $3400 to date. Commissioner Taylor stated we could borrow the remaining balance from General Fund and go ahead and do the total project as discussed at the July meeting. This would include area lighting at the front of the park, lighting under the picnic shelter, and lighting around the basketball courts. Commissioner Baker stated that he had rather let the fund accumulate and then complete the project so Staff would not have to borrow from one to another. This should not take a long period of time. Commissioner West stated that the Town really needs lighting down at Porter Park due to the fact this is a dark area of Town. Commissioner Corbett stated that with the Chicora Project and other projects the Town has taken on that he did not see taking on another project at this time. Town Manager Bryan Thompson stated that the options are to take money that the Town has already accumulated and put that toward the project and go in general fund for the difference or wait until the full amount is actually received into the Capital Reserve account. Either way a budget amendment will be required. The Capital Reserve Fund is in a separate fund so there would be a budget amendment to pull the money from that fund into the general fund and then on the other side the appropriating fund balance will be a budget amendment to that as well.

7500 Commissioner Taylor made a motion to borrow money from the fund balance of $5400 and put the lights in and as the money comes in from the Cell Tower which we already have $3400 so we are looking at $2000 to borrow from the fund balance to get lights for the kids before someone gets hurt and seconded by Commissioner West. The Board voted 2 for and 2 against (Commissioners Corbett and Baker) with 2 absent (Commissioner Whitman and Ennis). Due to a tie Mayor Carson voted in favor for this motion. DOWNTOWN HANDICAP RAMPS: JACKSON BUILDINGS Town Manager Bryan Thompson informed the Board that based on the consensus of the Board at the meeting in which this issue was first discussed, the Board was agreeable to granting Jackson Family Enterprises the right/ability to make use of two feet of Town property that runs along the sidewalk in front of the two downtown storefronts. The requested two feet encroachment is in order to facilitate an appropriate amount of space to construct a handicap ramp in accordance with State Building codes compliant with Americans with Disabilities Act. Town Attorney Mac Hunter has developed language to facilitate the encroachment. Commissioner Baker made a motion to approve the contract that s presented, the encroachment agreement between the Town of Erwin and Jackson Family Enterprises for the purposes on the handicap ramp on the sidewalk in front of the business and was seconded by Commissioner Corbett. The Board voted 4 for and 2 absent (Commissioners Whitman and Ennis). (Page 7500 A-C) AL WOODALL MUNICIPAL PARK SIGN Town Manager Bryan Thompson informed the Board that there are three different design/material-types for the Al Woodall Municipal Park sign. Staff desires feedback from the Board with respect to the design and material proposed to be used. Staff is not asking for a budget amendment, we have identified funds in order to recover this cost in the operating budget however Staff wanted to make sure that the design and material that s used is in congruous with the desire of the Board since this will be a permanent fixture at the Park. The basic options presented are the following: Sandblast wood routed PVC Metal Sign w/vinyl lettering (should be the least expensive) It was the Consensus of the Board to go with the metal sign with green vinyl lettering and beige background. (Page 7500 D-F)

7501 SOLID WASTE COLLECTION OF WHITE AND BROWN GOODS AND YARD WASTE BID PROPOSALS Town Manager Bryan Thompson informed the Board that through the bid process and the evaluation of options that we have available there appears to be three primary options. One is to go with the bid which was provided by American Earthworks, Republic Waste has indicated that they are interested in providing this service to the Town, but would like to negotiate the scope of work, terms, and cost of service and the third option is to take the service In House and Public Works would take that over with the existing funds we have scheduled for that contracted service. Mr. Thompson stated that he has every reason to believe that the Town could do it In House. This would be on a route system as well. The Town has roughly $100,000 that is available to make operational, $66,000 would go toward 2 full time employees including benefits and $34,000 would go towards operational cost and maintenance repair and fuel. Now we might find that the cost would be larger than what we have budgeted however Staff is willing to experiment to try and see that we can make this work. The Commissioners were in agreement that it would be good to bring Solid Waste back in town especially when everything else is leased out and sold out. It would be good to have some things back with the Town and have some control of and actually get some accountability as well. Mr. Thompson stated that Staff would recommend that if the Board desires to go in this direction and take action tonight to keep in our sights to look at the purchases of Capital Equipment to better facilitate this service in the coming year or two years. Commissioner Corbett made a motion to do Solid Waste Collection of White and Brown Goods and Yard Waste In House and was seconded by Commissioner West. The Board voted 4 for and 2 absent (Commissioners Whitman and Ennis). (Page 7501 A-B) SIGN ORDINANCE TEXT AMENDMENT Town Manager Bryan Thompson informed the Board that since we had the Administrative Appeal hearing with the Board of Adjustments dealing with the Olde Mill Mercantile Store, a couple of Board Members had brought up an issue with the way our sign ordinance currently reads. Is this something worth pursuing with the Board and would like Staff to look at that specific language dealing with wall signs and extending one foot beyond any building wall or canopy or does the Board feel that the current language which represents the growth pattern for the signs of the Town as is. After some discussion, the Consensus of the Board is to have Staff look at the current Sign Ordinance as a whole and also look at what standards are in other communities to give us a base line understanding of what is going on and modernize our current regulations to be agreeable with the growth in our downtown and other areas and make sure that we consider the other long term repercussions of those and how they would impact the community and take this to the Planning Board and back to the Board of Commissioners.

7502 DOWNTOWN RETAIL OVERLAY DISTRICT ORDINANCE Town Manager Bryan Thompson informed the Board that over the past couple of years at different times, the members of the Board have made comments about the desire to better regulate the uses in the downtown district that would limit the ability of property owners to make use of storefront as warehouses or storage buildings. If this is something that the Board is interested in, Staff proposes to work on language that would seek to meet this goal. One of the approaches that Staff has identified is an overlay district for retail-type buildings in the downtown central business district area. The overlay district would be called the Downtown Retail Overlay District, which would supplement the existing Central Business District regulations within the defined geographic areas that are chosen to be impacted by the overlay district regulations. It was the Consensus of the Board to move forward and work on language for Downtown Retail Overlay District Ordinance. APPLICATION TO THE SMALL TOWN MAIN STREET PROGRAM Town Manager Bryan Thompson informed the Board that soon the STEP program will move into the implementation stage. The implementation stage will take one year or less to complete. One of the stronger components of the various projects identified for implementation include the revitalization of the downtown area. This program offers assistance in a number of aspects including streetscape design. The program can also assist the Town in identifying and applying for grants that may be available for downtown revitalization projects. This is a competitive program through the application process. The planning for the application to the program will need to begin soon. It was the Consensus of the Board to move forward with the application process for Small Town Main Street Program. Mr. Thompson also informed the Board that on January 26 th -28 th, 2011 in Shelby, NC there will be a conference which will have a better understanding of what is offered. This is at no cost to the Town of Erwin. MULTIPLE RECYCLING CONTAINERS Town Manager Bryan Thompson informed the Board that in speaking with Republic Services, it appears that in their experience thus far with the City of Dunn, a sizable number of Dunn residents are inquiring about the ability to have more than one recycling cart made available to them for their residential use. As we are beginning our recycling service at the beginning of September, Staff believes this issue may occur in Erwin. Staff is working to develop a revised Solid Waste Control Ordinance; Staff would like to have the Board weigh in on this issue in order to ensure that the Town is able to address this issue when it arises.

7503 Commissioner Taylor stated that the residents have a right to request additional containers but should also have a limit of how many containers allowed to the residents. Commissioner West asked what should be the cost for additional containers. Commissioner Taylor made a motion to Table Multiple Recycling Containers until Staff can gather more information and was seconded by Commissioner Baker. The Board voted 4 for and 2 absent (Commissioners Whitman and Ennis). PUBLIC COMMENTS Eunice Hymes of 727 West M. Street, Erwin came forward and spoke to the Board. Ms. Hymes stated that she was very happy with the decision of the Board to approve the lighting at W.N. Porter Park. She went on to speak very highly of Mr. W.N. Porter. Ms. Hymes also expressed concern with who is keeping up the maintenance of the park as well. Ms. Hymes requested the ditches to be cut. MANAGER REPORT There will be a Grand Re-Opening for the Al Woodall Municipal Park on Friday, October 1 st at 3pm in conjunction of Denim Days. Mr. Al Woodall will also be present. North Carolina League of Municipalities Annual Conf. is coming soon if anyone is interested to attend please let us know. GOVERNING BODY COMMENTS Commissioner Taylor thanked everyone for coming out to the meeting and also the Town is looking much better and thanked the Staff and Commissioners for what they do for the Town. Commissioner West thanked everyone who has supported the Gospel at the Gazebo for the past several months and will continue next year. Also thanked everyone for coming to the meeting tonight as well. Commissioner Corbett thanked everyone for coming to the meeting tonight. Mayor Carson informed everyone that the Town has received a memorandum from Office of State Budget Management to tell us that as of July 1, 2009 the Town of Erwin has been certified that Erwin has a population of 5051. Also informed Staff that she had received a complaint for leaving trash cans by the road when they are emptied.

7504 ADJOURNMENT Commissioner Taylor made a motion to adjourn at 8:10pm and was seconded by Commissioner Baker. The Board voted 4 for and 2 absent (Commissioners Whitman and Ennis). MINUTES RECORDED AND TYPED BY CYNTHIA B PATTERSON TOWN CLERK Patsy M. Carson, Mayor Cynthia B. Patterson, CMC Town Clerk