MINUTES

BOARD MEETING

MAY 9, 2005

The Aberdeen Board of Commissioners met Monday, May 9, 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,  Robbie Farrell and Terry Marquez.  Others in attendance were Town Manager Bill Zell, Planning Director Giles Hopkins, Deputy Planner Heather Brown, Finance Officer Beth Wentland, Parks & Recreation Director Leigh Baggs, Town Clerk Nancy Matthews and Jim Desart, Reporter for the Moore County Independent Newspaper.

Planning Board members in attendance were Elease Goodwin, Mike Dunn, Bill Prevatte and Maurice Holland.  There were approximately sixty people in attendance to the meeting.

1.       Call to Order.

Mayor Mofield called the meeting to order.  She stated there were several Public Hearings to be held.

2.       PUBLIC HEARINGS

a.       Public Hearing on an Ordinance to extend Aberdeen’s ETJ and the rezoning of the properties in the ETJ.

Mayor Mofield opened the first Public Hearing on an Ordinance to extend Aberdeen’s ETJ for public comments and Board discussion.

Planning Director Giles Hopkins stated the Board received information concerning extending the Town’s ETJ.  He stated the ETJ would include all of the area around, as well as, all the golf links at the Legacy Golf Links.  He stated there had been a request to review and to extend the Town’s ETJ to include this area into the Town’s jurisdiction.

Mr. Hopkins stated a Public Hearing will be scheduled for the June 13^th regular Board meeting.

Ms. Barbara Marks, 13089 US Hwy. 15/501, stated she did not know anything about the Legacy being developed.  She asked the Board about the current zoning for this property.  She had concerns about wells going dry, especially with developing this area.

Manager Zell informed Ms. Marks that a well will be constructed in this area and all this development will be on Town water.  It would not have any impact on residents who already have private wells.

With no further public comments or Board discussion, Mayor Mofield declared the Public Hearing on an Ordinance to extend Aberdeen’s ETJ closed.

b.       Public Hearing on Application for Conditional Use Permit CU#05-01 submitted by Beacon Management Corporation for a Residential Planned Development in an R-20 Residential District.

(1)     Application for Site Plan Review SP#05-07 submitted by Beacon Management Corporation for a Residential Planned Development in an R-20 Residential District.

Mayor Mofield then opened the Public Hearing on Application for Conditional Use Permit CU#05-01 for public comments and Board discussion.

Mr. George Carr, with Beacon Management Co., spoke on behalf of the proposed Sandhills Village.  He stated these duplex units would be for seniors fifty-five and older and would all have a different facade.  He stated this would be a  $3.8 million project.

Mr. John Stec, President of Stec Architects, stated these units have been developed in other locations within the last five to ten years.  He stated this particular development is designed to have a village type atmosphere.

Mrs. Diane Vaughn, 1108 N. Poplar St., asked who would be managing the village.  She stated she felt this type of development would not look good in this residential neighborhood.  She stated she was opposed to this conditional use permit request.

Mr. Charles Vaughn, 1108 N. Poplar St., stated he was totally opposed to this development.  He stated there would be increased traffic problems.  He stated if this request was approved, he requested that only 10 buildings be allowed.

Mrs. Mary L. Smith, 213 Love Court, stated the traffic is already horrendous and is opposed to this conditional use permit request.

Mrs. Mary Williamson, 1710 N. Poplar St., stated forty-two units is just too much.  She stated the street is too small and too narrow and cannot take any additional traffic.  She is not opposed to the development, just this particular location.

Mrs. Carol Prevatte, speaking for her mother, Dorothy Folley, 1004 N. Poplar St., stating they are against this conditional use permit request.  She stated the Town already has plenty of rental units.  She stated this is not appropriate for this residential property and asked the Board not to approve this request.

Mr. Artie Maurer, speaking for his mother, 1003 N. Poplar St., stated there would be problems of service vehicles entering this area.  He stated this will also increase traffic and it would be a terrible injustice to the senior citizens who already live on Poplar Street.

Mr. Ron Beard, 1200 Crest Drive, stated this property abuts up to his property.  He stated traffic will be a major factor.  He stated vehicles already are turning around on this property.  He also does not want to see this area developed for this many duplex units.  He asked the Board if this conditional use permit is approved, to please have the developers put a privacy fence all along the back of this property.

Mrs. Joan Beard, 1200 Crest Drive, asked the Board what the Town would gain from this village being developed.  She stated, “Just for the record, we don’t want it.”

Others speaking against this conditional use permit were Mrs. Jean Robbins and Mr. Jay Greer, both living on N. Poplar Street.

With no further public comments or Board discussion, Mayor Mofield declared the Public Hearing on Application for Conditional Use Permit CU#05-01 closed.

c.       Public Hearing on Application for Conditional Use Permit CU#05-04 submitted by Stainback Family Trusts for a Residential Planned Development to be located in an R-20 Residential District.

(1)     Application for Site Plan Review SP#05-08 submitted by Stainback Family Trusts for a Residential Planned Development to be located in an R-20 Residential District.

Manager Zell stated this Public Hearing has been cancelled, at the request of the Town Attorney.  He stated the Public Hearing will be held at the June 13^th regular Board meeting.

d.       Public Hearing on Application for Conditional Use Permit CU#05-03 submitted by Nextel for a wireless co-location on an existing tower in the C-I Commercial and Industrial (Light) District.

Mayor Mofield then opened the Public Hearing on Application for Conditional Use Permit CU#05-03 for public comments and Board discussion.

Planning Director Giles Hopkins stated this tower is located on the right just before the Kolcraft building.  He stated there will be a small shelter constructed at the existing tower.  He stated after the Public Hearing, the item will go to the Planning Board for review.

With no further comments or discussion from the Board, Mayor Mofield declared the Public Hearing on Application for Conditional Use Permit CU#05-03 closed.

3.       Setting of the Agenda

Manager Zell asked that the Ordinance pertaining to the extending of Aberdeen’s ETJ be added under 8-a, Other Business, for consideration of approval.

A motion was made by Commissioner Parker, seconded by Commissioner McMurray, to approve the Setting of the Agenda as amended.  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 April 11, 2005; Regular Work Session of April 28, 2005; Closed Session of April 28, 2005.

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

5.       Financial Report

Finance Officer Beth Wentland gave a brief financial report for the month ending April 30, 2005.  She stated in the General Fund, the revenues were lower than the expenses in the amount of $90,724.31.  She stated the total year-to-date revenues were $452,995.11 above expenses.  She stated in the Water/Sewer Fund, the revenues were higher than expenses by $35,760.60.  She stated the total year-to-date revenues were $145,668.39 above expenses.

Mrs. Wentland stated the General Fund has earned 89.01% of the budgeted revenues and incurred 86.74% of budgeted expenses.  She stated the Water/Sewer Fund earned 78.69% of the budgeted revenues and incurred 69.48% of the budgeted expenses as of April 30^th.

6.                 Informal Discussion and Public Comment

a.                 Mr. Hopkins introduced new employee, Patti Jilson, who is the Administrative Planning and Code Technician.  He stated Mrs. Jilson has been with the Planning Department approximately two months.  He then introduced Mr. Richard Caton, who will begin employment on May 16^th and is the new Building Inspector and Code Enforcement Officer.  He stated he is very pleased to have these two new employees in the department.

b.       Proclamation/2005 Great Moore County Litter Sweep Day

      Mayor Mofield then read the Proclamation to the public.  She urged all citizens to get involved in this project on June 4^th.

     Parks & Recreation Director Leigh Baggs asked the Board and the public to get their civic groups, churches and their children    involved in this clean up.

c.                P & R Director Leigh Baggs informed the Board that the band, Coconut Groove, will perform at the Lake Park on May 20^th at 6 p.m.  She asked that all citizens attend this “Music in the Park.”

7.       New Business

a.                 Consideration of approval of Application for Site Plan Review SP#05-06 submitted by Kenneth Howell for Flatscape to be generally located on the north side of NC 211 Highway between Domino Drive and Crestline Lane on property zoned GC General Commercial.

Commissioner Parker abstained from voting as he owns property in this area.

Mr. Freddy Abernathy, 10357 Hwy. 211, spoke stating his property buts up to this property.  He stated this will devalue his property, will be increased trash and increased traffic.  He stated his children play in his yard but he is concerned for their safety.  He stated there will also be increased noise.  Mr. Abernathy is adamantly against the Board granting this Site Plan Review.

There was continued exchange of conversation between Mr. Abernathy and the Board on this matter.  Mr. Abernathy then left the meeting.

With no further discussion, a motion was then made by Commissioner Shannon, seconded by Commissioner McMurray, to approve Application for Site Plan Review SP#05-06.  Commissioners Shannon, Marquez and McMurray voted Yes.  Commissioner Farrell voted No.  Motion passed by a vote of  3 to 1.

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

Commissioner Farrell abstained from voting as he owns property in the area affected by the rezoning.

A motion was then made by Commissioner Shannon, seconded by Commissioner Parker, to approve Application for Rezoning RZ#05-02 from R-6 to O-I Office and Institutional District.  Motion unanimously carried.

c.                 Consideration of approval of General Provisions Amendment GP#05-01 to the Town of Aberdeen’s Code of Ordinance amending Section 71.10 Parking of Certain Vehicles Limited to One Hour:  Exceptions to regulate the parking of certain vehicles.

A motion was made by Commissioner Parker, seconded by Commissioner Marquez, to approve the General Provisions Amendment GP#05-01.  Motion unanimously carried.

d.                 Consideration of pending Planning Board vacancies.

Commissioner McMurray requested that this item be tabled due to some inquiries and she would like to discuss this further at the next Work Session.

Mr. Hopkins requested that the Board consider making the appointment of an ETJ member at the Work Session in order for the Moore County Board of Commissioners to approve this person in time for the July Planning Board meeting.  And like wise, the Town Board approve the in-town members no later than the June 13^th Board meeting.

A motion was made by Commissioner McMurray, seconded by Commissioner Shannon, to table for further discussion at the June Work Session.  Motion unanimously carried.

e.                 Consideration of appointments to the Parks and Recreation Advisory Committee.

Parks & Recreation Director Leigh Baggs informed the Board she had contacted six people and all have agreed to serve on this Advisory Committee.

          Ms. Baggs stated the only vacancy on this committee is a high school student representative.  She stated this student has not returned a phone call to her.  She also stated if the Board knows of a rising senior who would like to serve on this committee, to let her know.

          Mayor Mofield then read the names of those who will serve on this committee as follows:  Davis Clark, Jim DeLong, Faye Honeycutt,  Tim Helms, Michael Jones and Laquan Newman.

A motion was made by Commissioner Parker, seconded by Commissioner McMurray, to approve the appointments to the Parks and Recreation Advisory Committee as presented.  Motion unanimously carried.

Ms. Baggs requested there be a Commissioner to act as a liaison for this committee and she would like this person to serve    for

at least a year.  She also asked the Board if they could get her some names of rising seniors to be considered to serve on this committee.

8.       Other Business

a.                 Consideration of adoption of an ordinance extending the Town of Aberdeen’s Extraterritorial Planning Jurisdiction.

A motion was made by Commissioner Parker, seconded by Commissioner McMurray, to adopt an ordinance extending the Town of Aberdeen’s Extraterritorial Jurisdiction.  Motion unanimously carried.

A copy of this ordinance will be sent to the Moore County Board of Commissioners informing them of the Town’s decision and adoption of this ordinance.

b.                Mr. W. H. Arrington, 905 Colonial Avenue, stated he lives in Colonial Heights and some of the residents have been putting out their trash on Friday afternoons and this trash gets scattered all over the neighborhood.  He stated there also is a residence that only cleans up their yard once a month.  He asked that the Board do something about keeping their yards clean and not to put out trash until Monday and Thursday mornings.

Manager Zell stated the residents do not have to put their trash at the curb.  The Town crews will pick up trash from their back yards.

c.                Manager Zell reminded the Board of the Budget Work Session on Thursday, May 12^th at 5:30 p.m.

d.                          Mr. Donald Sands stated he had his property surveyed and the Legacy abuts up to his property.  He stated the employees of the Legacy were dumping trash on his property.  He stated the stakes have been knocked down and some trash is still being placed on his property. 

Mr. Sands asked the Board what could be done to keep this situation from continuing.  He also stated the employees walk through his property in order to get to work.

Commissioner Farrell suggested that Mr. Sands post his property.

9.       Adjourn

With no further items of business, 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