MINUTES
DECEMBER 12, 2005
The Aberdeen Board of Commissioners met Monday, December 12, 2005 at 7:00 p.m. for their last regular Board meeting of 2005. 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, Finance Officer Beth Wentland, Town Clerk Nancy Matthews and Matt Moriarity, Reporter for the Pilot. Also in attendance were a number of citizens and Commissioner-elect, Walter Wright.
1. Call to Order
Mayor Mofield called the meeting to order at 7:00 p.m. She stated there were four Public Hearings to be held.
2. PUBLIC HEARINGS
a. Parks & Recreation Lake Park Master Plan.
Mayor Mofield opened the Public Hearing on the Parks & Recreation Lake Park Master Plan for public comments and Board discussion.
Parks & Recreation Director, Leigh Baggs, introduced Ms. Susan Hatchell who will be giving a presentation on the proposed Lake Park Master Plan. She stated Tim Oakley from Oakley Architects would also give a presentation on the proposed facility/building design.
Ms. Hatchell then briefly presented drawings of a proposed Aberdeen Lake Park Master Plan Design and did an overview of what citizens had desired for recreational activities. She stated that 58% of the citizen’s surveyed wanted improvements and a better facility. She stated the plans are to be finalized by the end of January, 2006.
Mr. Tim Oakley then briefly reviewed with the Board and the public concerning the exterior and interior of the proposed recreation facility/building. He stated the facility will be designed for multi-functions. He stated there will be a catering kitchen and conference room which will seat between two and three hundred people. He also proposed keeping the exterior structure of the recreation facility with the heritage of Aberdeen.
Ms. Baggs then informed the public that the Town is in the process of applying for up to a $500,000.00 PARTF Grant to help fund this project.
With no further public comments or Board discussion, Mayor Mofield declared the Public Hearing on the Parks & Recreation Lake Park Master Plan closed.
b. Application for Rezoning RZ#05-07 submitted by Bonnie McPeake to rezone property located behind and to the north and west of Aberdeen Commons.
Mayor Mofield then opened the Public Hearing on Application for Rezoning RZ#05-07 submitted by Bonnie McPeake for public comments and Board discussion.
Planning Director Giles Hopkins informed the Board that they had received in their agenda packets a map of the area that was previously rezoned. He stated there was a small parcel that was omitted at the time of this rezoning and Ms. McPeake has requested the Town consider rezoning this parcel. He stated the next Public Hearing is for additional parking in the construction of a hotel and this parcel is essential in proceeding with this project.
Mr. George Godwin, Architect for the proposed building briefly spoke stating in the original rezoning, this piece was inadverntly omitted. He stated it was essential to rezone this parcel in order to proceed with the development for a proposed hotel.
With no further public comments or Board discussion, Mayor Mofield declared the Public Hearing on Application for Rezoning RZ#05-07 closed.
c. Application for Conditional Use Permit CU#05-13 submitted by Bonnie McPeake for a Business Planned Development to be located behind and to the north and west of Aberdeen Commons.
(a) Application for Site Plan Review SP#05-15 for a Business Planned Development to be located behind and to the north and west of Aberdeen Commons.
Mayor Mofield then opened the Public Hearing on Application for Conditional Use Permit CU#05-13 submitted by Bonnie McPeake and Application for Site Plan Review SP#05-15 for public comments and Board discussion.
Planning Director Giles Hopkins stated the Board had received a drawing for this facility. He stated, in order to move forward, the Board would have to approve the Conditional Use Permit based on the Business Planned Development Application. He also stated not all the site plan information has been received because the developer cannot determine where the trees and shrubs will be placed until the property is cleared and the building is situated on the property. He stated the hotel will face the Wal-mart side. He stated the main entrance will be from 15/501 Highway and the secondary entrance will be from Johnson Street.
Mr. Hopkins stated after the Public Hearing, the item will go to the Planning Board for their review and recommendation to the Town Board.
Mr. Dale Steicker asked about water runoff. Mr. Hopkins informed him that the water runoff will go into the ravine between this property and the Wal-mart property.
With no further public comments or Board discussion, Mayor Mofield declared the Public Hearing on CU#05-13 and SP#05-15 submitted by Bonnie McPeake closed.
d. Zoning Code Text Amendment ZA#05-07 to add to Section 155.049 I-H Industrial District (Heavy) to allow as a Conditional Use, “Cultural, Entertainment and Recreation Not Elsewhere Classified.”
Mayor Mofield then opened Public Hearing on Zoning Code Text Amendment ZA#05-07 to add to Section 155.049 I-H Industrial District (Heavy) to allow as a Conditional Use, Cultural, Entertainment and Recreation Not Elsewhere Classified for public comments and Board discussion.
Planning Director Giles Hopkins informed the Board that he had received a letter from Mr. William Dean, President of Skaters for Moore, Inc., requesting to add to Section 155.049 I-H as a conditional use, “cultural, entertainment and recreation not elsewhere classified, in order to open a skateboard/skating rink for area children and teens to have a place to skateboard.
After reviewing the request, Mr. Hopkins recommended to the Town Board to change from “cultural” to address as “skateboards, in-door skateboard ramps and related facilities.” He stated currently, the Town does not have such use in the I-H Industrial District (Heavy). He stated the Skaters of Moore have found a building to use which is located on Highway 211, known as the Thermal Metal Building. He stated this item will go to the Planning Board for their review and recommendation to the Town Board. He also stated there are some conditions that he would recommend being attached to the conditional use permit.
Mr. Mark Marquez, a resident of Aberdeen, spoke on behalf of his family and other teens in the community. He stated there is no other area that has given Skaters of Moore an opportunity to allow this in their community. He stated he supports this type of recreational activity and asked that the Board consider this zoning code text amendment.
With no further public comments and Board discussion, Mayor Mofield declared the Public Hearing on Zoning Code Text Amendment ZA#05-07 closed.
3. Recognition of Outgoing Commissioner, Mrs. Terry Marquez
Mayor Mofield then recognized Outgoing Commissioner, Terry Marquez, for her service on the Town Board the last four years. Mayor Mofield stated Mrs. Marquez has given much insight in the years she served on the Board. She then presented to Mrs. Marquez a clock with an inscription for her years of service.
Mrs. Marquez thanked the Board and the public for allowing her to serve the citizens of Aberdeen the past four years and she thanked the Board for the clock.
4. Swearing In Ceremony for Newly Elected Officials
Town Clerk Nancy Matthews administered the Oath of Office to Re-elected Mayor, Elizabeth Mofield. She then administered the Oath of Office to Re-elected Commissioner, Donna Shannon and then administered the Oath of Office to newly elected Commissioner, Walter H. Wright.
Commissioner Wright then took the seat vacated by outgoing Commissioner, Terry Marquez.
5. Selection of Mayor Pro-tem
A motion was made by Commissioner McMurray, seconded by Commissioner Shannon, to elect Commissioner Robbie Farrell as Mayor Pro-tem. Motion unanimously carried.
6. Setting of Day & Time for Regular Board Meeting & Work Session
A motion was made by Commissioner McMurray, seconded by Commissioner Wright, to set the date of the Regular Board meeting for the second Monday of each month at 7:00 p.m. and the Regular Work Session for two Thursdays before the second Monday at 5:30 p.m. Motion unanimously carried.
7. Setting of the Agenda
A motion was made by Commissioner Parker, seconded by Commissioner Shannon, to approve the Setting of the Agenda as presented. Motion unanimously carried.
8. 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. Regular Meeting of November 14, 2005; Regular Work Session of December 1, 2005; Special Called Meeting of December 5, 2005.
A motion was made by Commissioner Parker, seconded by Commissioner McMurray, to approve the Consent Agenda as presented. Motion unanimously carried.
9. Financial Report
Finance Officer Beth Wentland reported to the Board the financial status of the Town as of the end of November, 2005. She stated as of the end of November in the General Fund, the revenues were less than the expenses by $126,906.94. She stated the year-to-date net gain at $292,313.22.
Mrs. Wentland stated as of the end of November in the Water/Sewer Fund, revenues also were less than expenses with a deficit of $91,870.45. She noted the year-to-date net gain was $52,127.15. She stated that both funds were running as expected due to property taxes being collected sooner in the year and no utility billing the month of November. She also stated that the Town is still in good financial condition.
10. Informal Discussion and Public Comment
(a) Mrs. Shirley Odom, 10441 Hwy. 211, E., spoke to the Board concerning the amendment on the height of flagpoles. She asked that the Board leave the height of the flagpoles alone. She stated the Town has advertisement on the water tanks and that people should be able to fly flags, especially the American Flag, as high as they desire. She stated it very well may be a veteran that is flying the flag and the Board should leave this item alone.
Mrs. Odom also wanted to make sure that the exercise classes will continue. She stated she is taking care of one of the classes but the second class does not have an instructor.
Manager Zell informed the Board that the Parks & Recreation Director is in the process of interviewing for this position. He stated he wanted to use JoAnne Ferris, who just recently retired, but she is traveling and is unavailable.
(b) Mr. Cedoin Odom, Jr., 10441 Hwy. 211 E., briefly spoke stating there should be a limit for any flagpole at 50 feet. He stated the Town already has restriction on banners.
(c) Mr. Odom also spoke concerning the street located at 1205 Crest Drive. He stated his parents live at this address and the street has never been paved. He asked why can’t these side streets be paved. He also stated people like to drive through this dead-end street and drive through the fields. He stated this is causing a wash and creating a heavy water runoff. He asked that the Town please consider paving these side streets.
(d) Mr. Odom also had concerns pertaining to the Bethesda Cemetery. He stated his family had placed a four-foot angel on a tombstone and it was stolen within a few days. He stated that others have had items stolen from gravesites. He asked that the police department start patrolling the cemetery. He asked that these two items be taken under consideration.
(e) Mayor Mofield stated she had received a letter from G. R. Kindley, NCDOT, pertaining to the proposed new highway bridge on Highway 15/501. She stated Mr. Kindley informed her that due to recent fiscal restraints, DOT would not be able to speed up construction of this new bridge.
(f) Mayor Mofield stated she had received a Christmas card from Lord Provost John and Lady Provost Helen Reynolds from Aberdeen, Scotland. She asked Manager Zell to send a Christmas card to them.
(g) Mayor Mofield received a letter from a resident from Florida thanking the people from Aberdeen, especially employees of Lee Electric, for coming to Florida and helping them during Hurricane Wilma. She asked that Manager Zell send a letter to Lee Electric thanking them for their kindness in helping those in Florida during their time of need.
11. New Business
a. Consideration of approval of the Comprehensive Land Development Plan for the Town of Aberdeen.
A motion was made by Commissioner Parker, seconded by Commissioner McMurray, to approve the Comprehensive Land Development Plan for the Town of Aberdeen. Motion unanimously carried.
b. Consideration of approval of Application for Conditional Use Permit CU#05-11 submitted by Ann Turner, DVM, for a small animal emergency clinic to be located in a HC Highway Commercial District.
A motion was made by Commissioner McMurray, to make Findings A-G with additional conditions 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 additional conditions: 1) No outside runs/cages are allowed. Should any of the above conditions or any of the additional conditions hereto be invalid, this permit shall become null and void and of no effect.
And to approve Application for Conditional Use Permit CU#05-11. Seconded by Commissioner Shannon. Motion unanimously carried.
c. Consideration of approval of Application for Conditional Use Permit CU#05-12 submitted by Shirley McCrimmon to build a two-family dwelling on property located at the corner of Keyser Street and Chisholm Road.
A motion was made by Commissioner Shannon, to make Findings A-G and approve Application for Conditional Use Permit CU#05-11 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. Should any of the above conditions hereto be invalid, this permit shall become null and void and of no effect.
Motion seconded by Commissioner Farrell. Motion unanimously carried.
d. Consideration of approval of Zoning Code Text Amendment ZA#05-06 submitted by the Town of Aberdeen to amend the Zoning Code to restrict the height of flagpoles in a Commercial Zoning District.
Planning Director Giles Hopkins stated the Planning Board recommended a maximum height of a flagpole to fifty (50) feet. He stated no current flags or flagpoles will be affected. He requested that the Town Board accept the Planning Board’s recommendation.
A motion was then made by Commissioner Farrell to accept the recommendation of the Aberdeen Planning Board to approve Zoning Code Text Amendment ZA#05-06 adding that flagpoles be limited to fifty (50) feet measured from the ground in commercial zoning districts. Seconded by Commissioner McMurray. Motion unanimously carried.
e. Consideration of approval of Preliminary Plat PLP#05-01 for vacation villas to be located at The Pit Gold Links.
A motion was made by Commissioner Parker, seconded by Commissioner McMurray, to approve Preliminary Plat PLP#05-01 for vacation villas to be located at The Pit Golf Links. Motion unanimously carried.
12. Old Business
13. Other Business
14. Adjourn
With no further business, a motion was made by Commissioner Parker, seconded by Commissioner Farrell, to adjourn the meeting. Motion unanimously carried.
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Nancy M. Matthews, Town Clerk Elizabeth B. Mofield, Mayor