Board of Commissioners — Cornelius, NC
Date: 2024-05-22

BOARD OF COMMISSIONERS
 May 6, 2024
 MINUTES


PRE-MEETING - 4:00PM
Mayor Washam called the Pre-Meeting to order at 4:29PM with all commissioners present.

 Closed Session Pursuant to NCGS 143-318.11(a)(3)(4)(5)
 Mayor Washam called for a motion to go into Closed Session pursuant to NCGS 143-
 318.11(a)(3)(4)(5).

 Commissioner Johnson made a motion to go into Closed Session. Commissioner Carney seconded
 the motion and it passed unanimously, 5-0.

 Upon return from Closed Session at 5:58PM the following items were discussed.

 FY25 Budget Workshop
 Manager Grant gave an update on the FY25 budget’s CIP and budget forecast.

Commissioner Sansbury made a motion to adjourn the Pre-meeting at 6:15PM. Commissioner Osborne
seconded the motion and it passed unanimously, 5-0.

REGULAR MEETING - 6:00PM

1. CALL TO ORDER
 Mayor Washam called the meeting to order at 6:17PM.

2. DETERMINATION OF QUORUM
 All commissioners were present at the meeting.

3. APPROVAL OF AGENDA
 Commissioner Higgins made a motion to approve the agenda as presented. Commissioner Johnson
 seconded the motion and it passed unanimously, 5-0.

4. MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE
 Mayor Washam urged the audience and Cornelius residents to continue praying for the families,
 friends, and colleagues of fallen law enforcement officers CMPD Officer Joshua Eyer, NC
 Department of Adult Corrections Officer Samual Poloche, NC Department of Adult Corrections
 Officer William Elliott and US Marshal Thomas Weeks. He then led the pledge after a moment of
 silence was observed.

5. CITIZEN CONCERNS/COMMENTS
 Mayor Washam invited the public to speak and the following concerns/comments were expressed.

 Jack Higgins – 12219 Meetinghouse Drive, gave an overview of the Bailey’s Glen/Hough High
 School partnership which is a 501c3 non-profit organization with a 9-member board (5 Bailey’s
 Glen/4 Hough). The mission is to provide financial and volunteer assistance to students and staff.

 05/06/24 Regular Meeting
 Page 1
 He reported that over the last 10 years the partnership has approved 441 student assistance
 scholarships totaling $74,483 and 261 teacher grants totaling $49,967.

6. REPORTS
 No reports were given.

7. EMPLOYEE RECOGNITION
 A. Retirement of Canine Officer Zon
 Chief Baucom recognized K9 Officer Zon’s accomplishments while serving with the
 Cornelius Police Department. He explained that due to health complications it is necessary to
 retire K9 Officer Zon so that he can enjoy his remaining life safely with Cpl. Dellinger’s
 family. He then presented Cpl. Dellinger and K9 Officer Zon with a plaque for his
 commitment and dedication to CPD.

 Mayor Washam called for a motion to approve a Resolution recognizing the retirement of K9
 Officer Zon.

 Commissioner Higgins made a motion to approve Resolution #2024-01128 retiring K9 Officer
 Zon, as well as his badge and award him to his handler Cpl. Dellinger. Commissioner
 Johnson seconded the motion and it passed unanimously, 5-0.

 Resolution #2024-01128 is hereby made part of the minutes by reference.

8. MAYORAL PROCLAMATIONS
 A. National Police Week
 Mayor Washam read the National Police Week Proclamation, recognized Cornelius officers
 that were present and presented the executed proclamation to Chief Baucom.

 B. Affordable Housing Awareness Month
 Mayor Washam read the Affordable Housing Awareness Month Proclamation, recognized the
 efforts of the Lake Norman CDC and presented the executed proclamation to LKN CDC
 Executive Director Michelle Hoverson.

9. PUBLIC HEARING AND CONSIDERATION OF APPROVAL
 A. REZ 05-23 Fruitful Roots Brewery
 Mayor Washam called for a motion to open the public hearing on REZ 05-23 Fruitful Roots
 Brewery. The public hearing notice is attached hereto.

 Commissioner Sansbury made a motion to open the public hearing on REZ 05-23 Fruitful
 Roots Brewery. Commissioner Johnson seconded the motion and it passed unanimously, 5-0.

 Planning Director Burhans presented the rezoning request by Aspirational Adventures, LLC
 from Neighborhood Mixed Use to Conditional Zoning to construct a 5,251sqft. microbrewery
 and restaurant on 1.05 acres located at 20219 N. Main Street. The project includes an outdoor
 beer garden and activity area with a trail connection to Twinberry Lane, along with a 10´ Type
 A-1 buffer adjacent to the townhomes. On April 8th, the Planning Board reviewed and
 recommended approval of the project with 11 staff conditions.

 Commissioner Osborne thanked the applicant for working through the earlier concerns that
 were expressed and stated that the project is a great fit for the downtown area.

 Mayor Washam invited the applicant to speak.



 05/06/24 Regular Meeting
 Page 2
 Douglas Marion thanked staff and the Board for their guidance throughout the process. He
 offered to answer any questions the Board had.

 Commissioner Carney asked what the project timeline is. Mr. Marion stated that they
 anticipate opening in one year.

 Mayor Washam invited the public to speak. There being no public comment, he called for a
 motion to close the public hearing.

 Commissioner Osborne made a motion to close the public hearing. Commissioner Sansbury
 seconded the motion and it passed unanimously, 5-0.

 Commissioner Higgins made a motion to approve Ordinance #2024-00854 amending the
 zoning map to include REZ 05-23 with conditions. Commissioner Carney seconded the motion
 and it passed unanimously, 5-0.

 Ordinance #2024-00854 is hereby made part of the minutes by reference.

 Commissioner Osborne made a motion to approve Resolution #2024-01129 declaring REZ 05-
 23 with conditions is consistent with the Land Use Plan and is reasonable in the public’s
 interest. Commissioner Sansbury seconded the motion and it passed unanimously, 5-0.

 Resolution #2024-01129 is hereby made part of the minutes by reference.

B. TA 05-24 Chapter 16: Planning Board
 Mayor Washam called for a motion to open the public hearing on TA 05-24 Land
 Development Code, Chapter 16 – Planning Board. The public hearing notice is attached
 hereto.

 Commissioner Higgins made a motion to open the public hearing on TA 05-24. Commissioner
 Johnson seconded the motion and it passed unanimously, 5-0.

 Planning Director Burhans gave an overview of the proposed text amendment that restructures
 the Planning Board with 10 voting members and retaining the current 7 voting/3 alternates
 voting members for the Board of Adjustment and Watershed Review Board, with the
 opportunity to create subcommittees when large scale amendments are considered.

 Mayor Washam invited the public to speak. There being no public comment, he called for a
 motion to close the public hearing.

 Commissioner Johnson made a motion to close the public hearing. Commissioner Sansbury
 seconded the motion and it passed unanimously, 5-0.

 Commissioner Sansbury made a motion to approve Ordinance #2024-00855 amending the
 Land Development Code, Chapter 16 as presented. Commissioner Johnson seconded the
 motion and it passed unanimously, 5-0.

 Ordinance #2024-00855 is hereby made part of the minutes by reference.

 Commissioner Osborne made a motion to approve Resolution #2024-01130 declaring TA 05-
 24 is consistent with the Land Use Plan and is reasonable in the public’s interest.
 Commissioner Carney seconded the motion and it passed unanimously, 5-0.



 05/06/24 Regular Meeting
 Page 3
 Resolution #2024-01130 is hereby made part of the minutes by reference.

 C. Resolution of Support for Stormwater Rate Increase
 Mayor Washam called for a motion to open the public hearing on a proposed stormwater rate
 increase.

 Commissioner Sansbury made a motion to open the public hearing. Commissioner Johnson
 seconded the motion and it passed unanimously, 5-0.

 Asst. Manager Beardsley explained that the rate increase is the fourth year of a 4-year phased
 approach to the Stormwater budget. The rate increases will allow the Town to operate the
 stormwater budget as a true utility, with full cost recovery from the stormwater fee. The new
 FY25 rates will generate an additional $158,000 of revenue annually. Mecklenburg County
 will hold a public hearing on the rate changes as part of their budget and upon approval the
 new rates would go into effect July 2024.

 Mayor Washam invited the public to speak. There being no public comment, he called for a
 motion to close the public hearing.

 Commissioner Johnson made a motion to close the public hearing. Commissioner Carney
 seconded the motion and it passed unanimously, 5-0.

 Commissioner Higgins made a motion to approve Resolution #2024-01131 supporting the
 proposed stormwater rate increase. Commissioner Carney seconded the motion and it passed
 unanimously, 5-0.

 Resolution #2024-01131 is hereby made part of the minutes by reference.

10. CONSIDERATION OF APPROVAL
 A. Planning Board Bylaws Amendments
 Planning Director Burhans gave an overview of the proposed bylaws amendment.

 Commissioner Sansbury asked if an ETJ candidate can be added at any point or will the
 appointment have to wait until the next cycle. Mr. Burhans stated that the ETJ seat can be
 filled at any time when a candidate is identified.

 Commissioner Osborne stated that the changes will serve the Town and staff with better
 coordination and efficiency for continued improvement.

 Mayor Washam thanked Commissioner Johnson for her insight on improvements as she had
 served on the Planning Board for 8 years.

 Commissioner Johnson made a motion to approve the Planning Board bylaws amendment as
 presented. Commissioner Osborne seconded the motion and it passed unanimously, 5-0.

 B. Planning Board Appointments
 Planning Director Burhans presented the proposed Planning Board appointments.

 Commissioner Higgins made a motion to approve the Planning Board appointments of Phil
 Bechtold as chairman, Michael Buttner to Seat 2, Ava Callender to Seat 4, Colin Furcht to
 Seat 5, Mamie Lee to Seat 9, and Travis Julian to Seat 10. Commissioner Sansbury seconded
 the motion and it passed unanimously, 5-0.



 05/06/24 Regular Meeting
 Page 4
C. Board of Adjustment and Watershed Review Board Appointments
 Planning Director Burhans presented the proposed Board of Adjustment and Watershed
 Review Board appointments.

 Commissioner Osborne made a motion to approve the appointments of Phil Bechtold as
 chairman, Michael Buttner to Seat 2, Ava Callender to Seat 4, Colin Furcht to Seat 5, Mamie
 Lee to Seat 9 (as an alternate), and Travis Julian to Seat 10 (as an alternate). Commissioner
 Sansbury seconded the motion and it passed unanimously, 5-0.

D. Land Development Code Advisory Board Discontinuance
 Planning Director Burhans presented the proposed Resolution to discontinue the LDCAB as it
 overlaps with the Planning Board role. All members have been notified and the Town’s
 appreciation for their dedicated service was extended.

 Commissioner Higgins made a motion to approve Resolution #2024-01132 to discontinue the
 Land Development Coad Advisory Board (LDCAB). Commissioner Osborne seconded the
 motion and it passed unanimously, 5-0.

 Resolution #2024-01132 is hereby made part of the minutes by reference.

E. Community Development Block Grant (CDBG) Cooperative Agreement with Mecklenburg
 County
 Deputy Manager Herron gave an overview of the CDBG Agreement with Mecklenburg
 County.

 Commissioner Johnson made a motion to approve a Cooperative Agreement with
 Mecklenburg County for Community Development Block Grant (CDBG) services as presented.
 Commissioner Carney seconded the motion and it passed unanimously, 5-0.

F. Electric Fund Contribution in Aid of Construction Policy
 ElectriCities Systems Manager David Lucore presented the new Contribution in Aid of
 Construction Policy.

 Commissioner Higgins made a motion to approve the Electric Fund Contribution in Aid of
 Construction Policy as presented. Commissioner Johnson seconded the motion and it passed
 unanimously, 5-0.

G. Resolution Directing Publication of Notice of Intention to Apply to the Local Government
 Commission (LGC) and Resolution Authorizing the Finance Officer to Apply to the LGC and
 Make Certain Findings of Fact
 Finance Director Niswonger explained that the two Resolutions are the first steps in starting
 the bond process for the potential $20M Park Bonds referendum.

 Commissioner Carney made a motion to approve Resolution #2024-01133 directing the
 publication of notice of intention to apply to the Local Government Commission (LGC).
 Commissioner Osborne seconded the motion and it passed unanimously, 5-0.

 Resolution #2024-01133 is hereby made part of the minutes by reference.

 Commissioner Johnson made a motion to approve Resolution #2024-01134 authorizing the
 Finance Officer to apply to the LGC and make certain findings of fact. Commissioner
 Osborne seconded the motion and it passed unanimously, 5-0.


 05/06/24 Regular Meeting
 Page 5
 Resolution #2024-01134 is hereby made part of the minutes by reference.

11. PRESENTATION
 A. Manager's Recommended FY2025 Operating Budget and Tax Rate
 Manager Grant presented his FY25 recommended budget and property tax rate of 17.31 cents
 per $100 of assessed value (no change in current tax rate). Noting that the Town’s Fund
 Balance Policy will be in violation in FY29 according to the forecast projections. He outlined
 budgetary items according to the top four citizen priorities identified in the citizen budget
 survey results; critical needs, such as IT/cyber security, community development,
 Infrastructure Capital Reserve Fund, retention/recruitment; revenues; debt service; and
 operations. The FY25 Electric Fund budget is recommended with a 3.5% customer increase.
 Additional details are available online at www.cornelius.org.

12. PUBLIC HEARING
 A. FY2025 Operating Budget and Tax Rate
 Mayor Washam called for a motion to open the public hearing on the FY25 operating budget
 and tax rate. The public hearing notice is attached hereto.

 Commissioner Johnson made a motion to open the public hearing on the FY25 operating
 budget and tax rate. Commissioner Carney seconded the motion and it passed unanimously,
 5-0.

 Mayor Washam invited the public to speak and the following comments were made:

 Colin Furcht – 19709 Schooner Drive, expressed his concern with not raising the tax rate and
 bringing the “cliff” a little closer than years past. Incremental increases will prevent the need
 for a larger increase in the future.

 There being no further comments, Mayor Washam called for a motion to continue the public
 hearing until May 20th.

 Commissioner Sansbury made a motion to continue the public hearing until May 20th.
 Commissioner Osborne seconded the motion and it passed unanimously, 5-0.

13. CONSENT AGENDA
 Manager Grant provided information on the tax refunds relative to Mayor Washam’s property
 receiving a value adjustment by the Mecklenburg County Board of Equalization and Review.
 Therefore, Mayor Pro-tem Higgins will preside over the Consent Agenda. Manager Grant then
 provided an overview of the Consent Agenda items.

 A. Tax Refunds = $4,347.11 (Approved 5-0)
 B. Approve Regular Meeting Minutes - April 15th (Approved 5-0)
 C. Approve Closed Session Minutes - April 15th (Approved 5-0)
 D. Approve Special Meeting Minutes – February 8th (Approved 5-0)

 Mayor Pro-tem Higgins called for a motion to approve the Consent Agenda as presented.

 Commissioner Johnson made a motion to approve the Consent Agenda. Commissioner Sansbury
 seconded the motion and it passed unanimously, 5-0.

 Mayor Washam then presided over the remaining agenda.



 05/06/24 Regular Meeting
 Page 6
14. COMMISSIONER CONCERNS
 No concerns were expressed.

15. ADJOURNMENT
 There being no further business to discuss, Commissioner Johnson made a motion to adjourn the
 meeting at 8:01PM. Commissioner Osborne seconded the motion and it passed unanimously, 5-0.

  Approved this 20th day of May 2024.


 Woody Washam, Jr., Mayor
 ATTEST:


 Lori A Harrell, Town Clerk




 05/06/24 Regular Meeting
 Page 7
 AFFIDAVIT OF PUBLICATION
Account # Order Number Identification Order PO Amount Cols Depth
 34684 543246 Print Legal Ad-IPL01693580 - IPL0169358 $61.20 2 17 L


Attention: Accounts Payable North Carolina } ss
TOWN OF CORNELIUS Mecklenburg County }
PO BOX 399
 Before the undersigned, a Notary Public of said
CORNELIUS, NC 28031
 County and State, duly authorized to administer
 oaths affirmations, etc., personally appeared,
accountspayable@cornelius.org
 being duly sworn or affirmed according to law,
 doth depose and say that he/she is a
 representative of The Charlotte Observer
 Publishing Company, a corporation organized and
 doing business under the laws of the State of
 Delaware, and publishing a newspaper known as
 The Charlotte Observer in the city of Charlotte,
 County of Mecklenburg, and State of North
 Carolina and that as such he/she is familiar with
 the books, records, files, and business of said
 Corporation and by reference to the files of said
 publication, the attached advertisement was
 inserted. The following is correctly copied from
 the books and files of the aforesaid Corporation
 and Publication.
 2 insertion(s) published on:
 04/21/24, 04/28/24




 In Testimony Whereof I have hereunto set my hand
 and affixed my seal on the 29th day of April,2024




 Notary Public in and for the state of Texas, residing in
 Dallas County




 Extra charge for lost or duplicate affidavits.
 Legal document please do not destroy!
 AFFIDAVIT OF PUBLICATION
Account # Order Number Identification Order PO Amount Cols Depth
 34684 543107 Print Legal Ad-IPL01692840 - IPL0169284 $61.20 2 17 L


Attention: Accounts Payable North Carolina } ss
TOWN OF CORNELIUS Mecklenburg County }
PO BOX 399
 Before the undersigned, a Notary Public of said
CORNELIUS, NC 28031
 County and State, duly authorized to administer
 oaths affirmations, etc., personally appeared,
accountspayable@cornelius.org
 being duly sworn or affirmed according to law,
 doth depose and say that he/she is a
 representative of The Charlotte Observer
 Publishing Company, a corporation organized and
 doing business under the laws of the State of
 Delaware, and publishing a newspaper known as
 The Charlotte Observer in the city of Charlotte,
 County of Mecklenburg, and State of North
 Carolina and that as such he/she is familiar with
 the books, records, files, and business of said
 Corporation and by reference to the files of said
 publication, the attached advertisement was
 inserted. The following is correctly copied from
 the books and files of the aforesaid Corporation
 and Publication.
 2 insertion(s) published on:
 04/21/24, 04/28/24




 In Testimony Whereof I have hereunto set my hand
 and affixed my seal on the 29th day of April,2024




 Notary Public in and for the state of Texas, residing in
 Dallas County




 Extra charge for lost or duplicate affidavits.
 Legal document please do not destroy!