MINUTES

BOARD MEETNG

APRIL 11, 2005

The Aberdeen Board of Commissioners met Monday, April 11, 2005 at 7:00 p.m. for their regular Board meeting.  Members present were Mayor Elizabeth Mofield and Commissioners Pat Ann McMurray, Donna Shannon, Arthur Parker and Robbie Farrell.  Commissioner Terry Marquez was unable to attend.  Others in attendance were Town Manager Bill Zell, Planning Director Giles Hopkins, Deputy Planner Heather Brown, Police Chief Mike Connor, Fire Chief Tommy Brock, Finance Officer Beth Wentland, Public Works Director Rickie Monroe, Town Clerk Nancy Matthews, Matthew Moriarity, Reporter from the Pilot and a reporter from the new Moore County Independent Newspaper.

 Others in attendance were Planning Board members Elease Goodwin, Mike Dunn and Maurice Holland.

1.       Call to Order

Mayor Mofield called the meeting to order.  She stated there was one Public Hearing to be held.

2.       PUBLIC HEARING

a.                 Application for Rezoning RZ#05-02 submitted by the Town of Aberdeen to rezone property located on US #1 Highway between Elm Street and Maple Street from R-6 Residential District to B-3 Neighborhood Transitional District.

Mayor Mofield opened the Public Hearing on an Application for Rezoning RZ#05-02 for public comments and Board discussion.

Planning Director Giles Hopkins stated, as indicated on a map previously distributed to the Board, the area indicated with the dark black line is the area under consideration.  He stated, in the middle of the proposed area, the rectangular lot behind the two little road frontage lots belongs to the Mabry’s, and was not included in the rezoning.  He stated the Mabry’s would like their lot included in this rezoning. He stated that a separate Public Hearing  would  have  to  be held in order to include this lot.  He also stated all property owners have been notified, property appropriately posted and legal notice placed in local newspaper.

Mrs. Letty Aune, 302 Summit St., Aberdeen, N. C. spoke stating when she received this notice, she had concerns about the increasing traffic and businesses on US #1 Highway.  She also had concerns of people purchasing the highway frontage and then acquiring the abutting property facing Poplar Street in order to meet the new zoning requirements.  Her concerns were of the Board creating a very dense business district between US#1 Highway and Poplar St.  She did not want to see Poplar Street change from its ambiance appearance.  She would like to see the Board leave this area as R-6.  (It was pointed out the Poplar Street lots are zoned R-6 Residential District and there is no proposal to change the R-6 zoning on those lots).

Mr. Don Aune, 302 Summit St., Aberdeen, N. C. asked why anyone would want to have this property rezoned.  He stated land values will depreciate and traffic will drastically increase.  He also stated the traffic down US #1 Highway is already the worst road in Moore County.  He stated this property does not need to be changed from R-6 to B-3 and he doesn’t want to see it changed.  He asked the Board to not make this rezoning change.

With no further public comments or Board discussion, Mayor Mofield declared the Public Hearing on Application for RZ#05-02 closed.

3.       Setting of the Agenda

A motion was made by Commissioner Parker, seconded by Commissioner McMurray, to approve the Setting of the Agenda as presented.  Motion unanimously carried.

4.       Approval of the Consent Agenda

All items listed below are considered routine or have been discussed at length in previous meetings and will be enacted by one motion.  No separate discussion will be held except on request by a member of the Board of Commissioners.

a.                  Minutes of Regular Board Meeting of March 14, 2005; Annual Retreat of March 19, 2005; Work Session of March 31, 2005.

A motion was made by Commissioner Shannon, seconded by Commissioner Farrell, to approve the Consent Agenda as presented.  Motion unanimously carried.

5.       Financial Report

Finance Officer Beth Wentland reported briefly on the financial status as ending March 31, 2005.  She stated in the General Fund, revenues exceeded expenses by $8,750.08 giving year-to-date net gain of $543,719.42. 

Mrs. Wentland stated, in the Water/Sewer Fund, expenses exceeded revenues by $86,054.55 due to off-month utility billing.  She stated the W/S Fund still had a year-to-date net gain of $109,907.79.

Mrs. Wentland stated, as of March 31^st, the General Fund has earned 84.37% of the budgeted revenues and has incurred 78.73% of expenses.  She stated the Water/Sewer Fund has earned 63.55% of the budgeted revenues and incurred 56.60% of expenses.  She stated the Town is in good financial shape at this time.

6.       Informal Discussion and Public Comment

a.                 Mr. Maurice Holland, of the Midway Community, asked the Board as to the status or progress regarding sewer and annexation for the Midway Community.

Mayor Mofield informed Mr. Holland the Town is in the process of gathering information on several of the communities to consider the annexation process.   She also stated  the Town is looking

at areas within the corporate limits that do not have sewer and are going to consider these first.

Manager Zell stated the Town had applied for a $700,000.00 Concentrated Needs Grant for the Berkley Community.  He stated you cannot apply for two grants at one time.  He also stated  the Town has consultants working on numbers, property values and the cost to install sewer to needed areas, and the Town is also looking into other alternatives.    

Mr. Holland wanted to know when Midway is going to become a part of Aberdeen and to receive the amenities and services that it offers.  He stated he has watched Aberdeen grow all around his community and something has to be done to bring his area into the Town limits.

b.                 Mayor Mofield stated she received a letter from Franklinville, N.C. requesting to attend a Cottonmill Reunion and Convention to be held in Cullowhee, N. C. if anyone would be interested in attending.

c.                 Manager Zell informed the Board of the upcoming Town Hall Day sponsored by NCLM on May 11^th.  He stated this is a chance for the Board to talk with our State representatives.

d.                 Manager Zell informed the Board the Artist League of the Sandhills is holding a Wine Tasting Gala sponsored by Fresh Market on April 19^th.  He stated Fresh Market will close their business to the public in order to hold this Gala.  He stated the Artist League is trying to raise money for use in their organization.  He stated the tickets are $35.00 per person and he has some of the tickets if anyone is interested in purchasing one.   

e.                 Manager Zell informed the Board the Parks & Recreation Department and the American Red Cross will be sponsoring an Adult CPR and First Aid Class on May 17^th and May 24^th.  He stated more information may be obtained through the P & R Department.

f.                 Manager Zell informed the Board that Southern Middle School is holding its 2004-2005 Volunteer Awards Banquet on Friday, April 22^nd.  He stated breakfast will be served at 8:30 a.m. and awards will presented at 9:00 a.m.

7.       New Business

a.       Consideration of approval of Application for Rezoning RZ#05-01 submitted by Elease Goodwin to rezone the northwest corner of Maple Street and Pine Street from I-H Industrial (Heavy) to B-1 Central Business District.

A motion was made by Commissioner McMurray, seconded by Commissioner Farrell, to approve Application for Rezoning RZ#05-01 regarding property located on the northwest corner of Maple Street and Pine Street from I-H Industrial (Heavy) District to B-1 Central Business District.  Motion unanimously carried.

b.                 Consideration of approval of Proposed Zoning Code Text Amendment ZA#05-01 concerning adding adult novelty retail as a conditional use in the HC Highway Commercial District.

A motion was made by Commissioner Farrell, seconded by Commissioner McMurray, that Zoning Code Text Amendment ZA#05-01 be approved as presented.  Motion unanimously carried.

c.                 Consideration of approval of Application for Site Plan Review SP#05-03 submitted by O’Connor Construction Company to construct a building at the corner of NC 5 Highway.

Mr. Hopkins stated the plan contains curb and gutter, and extra trees are to be planted.  He stated the plan does not contain sidewalks.

A motion was made by Commissioner McMurray, seconded by Commissioner Farrell, to approve Application for Site Plan Review SP#05-03 provided all conditions of the driveway permit issued by the DOT are met and concrete curb and gutter is installed.  Motion unanimously carried.

d.                 Consideration of approval of Application for Conditional Use Permit CU#05-02 submitted by Partners in the Pits for a Residential Planned Development to be located in an R-20 Residential District.

(1)             Application for Site Plan Review SP#05-04 submitted by Partners in the Pits for a Residential Planned Development to be located in an R-20 Residential District.

A motion was made by Commissioner Parker, seconded by Commissioner McMurray, to make findings A-G as follows:

A.      That the establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare;

B.      That the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted or substantially diminish and impair property values within the neighborhood;

C.      That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;

D.      That the exterior architectural appeal and functional plan of any proposed structure will not be so at variance with either the exterior architectural appeal and functional plan of the structures already constructed or in the course of construction in the immediate neighborhood or the character of the applicable district as to cause a substantial depreciation in the property values within the neighborhood;

E.      That adequate utilities, access roads, drainage, and/or necessary facilities have been or are being provided;

F.      That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; and

G.      That the conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located except as such regulations may in each instance be  modified  by  the  Board  of   Commissioners

          pursuant to the recommendation of the Planning Board.  And with the following attached finding:  1) all work on the conditional use must be completed within five years of Board approval or the permit shall be null and void; and approve Application for Conditional Use Permit CU#05-02 and Application for Site Plan Review SP#05-04.  Motion unanimously carried.

e.                 Consideration of adoption of a Resolution for TIP.

Mr. Hopkins stated this is a modified version of the Resolution reviewed at the Work Session.  He stated the primary changes are in the difference of opinion that Aberdeen has with Pinehurst.  He stated the Western Connector around Pinehurst to near Linden Road would then head south to Roseland Rd. and be a Southwest Bypass to US#1.  He stated the feasibility study for a Southern Connector Parkway in Aberdeen from NC 5 to US 15-501 near its intersection with Anderson Street in Aberdeen would go to Commerce Avenue which intersects with US 15-501 in Southern Pines, with a distance of less than 2 miles.  He stated another feasibility study is for a Southwest Bypass in Southern Moore County from the Western Connector near Linden Road south to Roseland Rd. and then to US #1 Highway in Pinebluff.

The Board had concerns of diverting traffic from Aberdeen.  They felt this would take traffic away from the businesses located on US #1 Highway, which depend on this traffic.  The consensus of the Board was to delete Items #5 and #13.

A motion was made by Commissioner Farrell, seconded by Commissioner Shannon, to adopt the Resolution for TIP to exclude Items #5 and #13, and pending any other changes by the Board by Friday, April 15^th.   Also, a cover letter will be attached stating the Board’s concerns and that they are not in favor of these two inclusions in the 2007-2013 TIP Update.   Motion unanimously carried.

f.                   Consideration of approval of Salary Range Changes.

Manager Zell stated this Salary Range Change pertains to the Fire Department and to also try to keep salaries competitive.  He asked the Board to consider approval of these salary range changes.

A motion was made by Commissioner McMurray, seconded by Commissioner Shannon, to approve the recommended Salary Range Changes as presented.  Motion unanimously carried.

g.       Consideration of items to purchase prior to June 30^th.

Manager Zell informed the Board he is trying to get the budget balanced for the next fiscal year. He stated the list of items that he presented to the Board for consideration are things that could be purchased in this year’s budget due to the $500,000.00 net gain as of March 31^st.  He stated the total purchases out of the General Fund would cost $99,450.00 and out of the Water/Sewer Fund, the purchases would run $35,000.00. He stated this will give the departments at least seventy-five days to purchase and pay for these items before June 30^th.

A motion was made by Commissioner McMurray, seconded by Commissioner Shannon, to approve the list of items to purchase prior to June 30, 2005 as presented to the Board.  Motion unanimously carried.

8.       Other Business

Manager Zell informed the Board that Parks & Recreation would be working on “Keep Moore County Beautiful Cleanup Day”.  He stated that Leigh Baggs was attending a P & R Conference this week.

9.       Adjourn

With no further items of business or discussion, a motion was made by Commissioner Parker, seconded by Commissioner Farrell, to adjourn the meeting.  Motion unanimously carried.

_____________________                       _________________________

Nancy M. Matthews, Town Clerk                Elizabeth B. Mofield, Mayor