Board of Commissioners — Cornelius, NC
Date: 2024-02-19

BOARD OF COMMISSIONERS
 February 19, 2024
 MINUTES


PRE-MEETING - 4:30PM
Mayor Washam to call the Pre-meeting to order at 4:38PM with all commissioners present.

  Closed Session Pursuant to NCGS 143-318.11.(a).(5) - PID #00520129
 Mayor Washam called for a motion to go into Closed Session pursuant to NCGS 143-318.11.a.5
 – PID #0050129.

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

 Upon return from Closed Session at 5:20PM, the following topics were discussed:

  Agenda Review
 Manager Grant gave an overview of the 6PM agenda items.

  Asset Forfeiture Discussion
 Chief Baucom explained the asset forfeiture fund program, how the funds are received, the
 goals of asset forfeiture, eligible uses of funds, and the expenditures over the past five years.

 He then presented the following items for using available forfeiture funds:
 • Quick Response Vessel - $20,500
 • Handguns with Optics - $52,000
 • Ammunitions/training items/SWAT related items - $23,100
 • HVAC unit for the SWAT van - $5,200
 • Kinetic Breaching tool - $13,700
 • Manual Breaching tool - $2,700
 • Drug Terminator - $6,100
 • Police K9s - $54,100
 • Upfit K9 vehicles - $33,400
 • Residential K9 kennels - $20,700
 • K9 instructor training - $10,000
Commissioner Johnson made a motion to adjourn the Pre-meeting at 6:07PM. Commissioner Osborne
seconded the motion and it passed unanimously, 5-0.




 02/19/24 Regular Meeting
 Page 1
REGULAR MEETING - 6:00PM

1. CALL TO ORDER
 Mayor Washam called the meeting to order at 6:12PM.

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

3. APPROVAL OF AGENDA
 Mayor Washam requested the agenda be amended to include Closed Session as Item 15.

 Commissioner Sansbury made a motion to amend and approve the agenda as requested.
 Commissioner Johnson seconded the motion and it passed unanimously, 5-0.

4. MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE
 Lt. Sarver led the pledge after a moment of silence was observed.

5. CITIZEN CONCERNS/COMMENTS
 No citizen comments were made.

6. MAYOR/COMMISSIONERS/MANAGER REPORTS
 Commissioner Higgins reported on the following:
 • Attended the Lake Norman Small Business networking meeting.
 • Attended the Parks Commission meeting.
 • Attended the FY25 budget planning session.
 • Attended the Cornelius Youth Orchestra presentation at Mt. Zion Methodist Church.
 • Attended Antiquity meetings regarding parking/striping, sidewalk updates, streetlights,
 and repairs needed on the covered bridge.
 • Attended the Newsmaker Breakfast featuring downtown development.
 • Attended Chamber events – Rech Law ribbon cutting on Feb. 14th, the Education Power
 luncheon on Feb. 15th, and the Focus Friday featuring the North Mecklenburg mayors via
 Zoom on Feb. 16th.
 • The Ada Jenkins charity event raised $1,811. The next fundraiser will be held at Jack’s.
 • The Board provided lunch for town staff on Feb. 14th.
 • Will be participating in Planning Board interviews scheduled on Feb. 20th.
 • Upcoming Chamber events – Southern Tides ribbon cutting will be held on Feb. 23rd and
 Everbowl ribbon cutting will be held on Feb. 28th.
 • Black History Month celebration will be held at the Cain Center on Feb. 24th.
 • Will be giving a presentation on greenways with Parks Director Fitzsimmons at the North
 Meck. Rec. Center.
 • Will be participating in an upcoming radio broadcast on WSIC.

 Commissioner Carney reported on the following:
 • Attended the PDRC meeting to review the proposed Registix Headquarters to be
 constructed on Chartown Drive (40,000sqft. office/30,000sqft. showroom). The
 investment would be approximately $23M that will generate $58,000 in new tax revenue
 and will employ 60 jobs.
 • Lake Norman CDC is hosting a developer and builder luncheon on Feb. 21st at 12PM.


 02/19/24 Regular Meeting
 Page 2
Commissioner Osborne reported on the following:
  • Attended the Chamber’s Focus Friday Town Hall and thanked the mayors for their efforts
 on regionalism.
  • The Chamber is hosting a Walk to End Alzheimer’s Trivia Night at H2 Public House on
 Feb. 21st (4PM).
  • Thanked the citizens for their interest/participation in the Town’s various advisory boards.
  • The next CRTPO meeting on Feb. 21st will focus on finalizing the discretionary funds
 awarded to Cornelius.

Commissioner Sansbury reported on the following:
  • Black History Month celebration will be held on Feb. 24th at the Cain Center (5PM) with
 guest speakers and performances. Exhibits by Alvin C. Jacobs, Jr. and Bae Hart will be on
 display until the end of February.
  • Parks summer camp registration opens at 7AM on Mar. 1st for Cornelius residents.
 General registration opens on Mar. 8th.

Commissioner Johnson reported on the following:
  • VLN updates – the Pheonix Bass Fishing League tournament will be held on Feb. 24th at
 Blythe Landing; the Chick-fil-A Race City Classic soccer tournament will be held March
 1st-3rd at Richard Barry Park and Bailey Road Park; and the Carolinas Bass Challenge will
 be held on Mar. 2nd at Blythe Landing.
  • Centralina Council of Government meeting is scheduled for Feb. 21st.

Manager Grant reported on the following:
  • FY25 Citizen Budget Survey closes on Feb. 29th.
  • Donate blood with One Blood at Town Hall on Feb. 21st (11AM-1PM).

Asst. Manager Beardsley reported on the following:
 • Leaf collection – Public Works have collected a total of 437 loads of leaves this season.
 • Bike and Ped Safety – added Sharrows on Main Street and Catawba Avenue and restriped
 the crosswalk at Westmoreland and Washam Potts.

Mayor Washam reported on the following:
  • A Coffee Chat is scheduled for Mar. 4th at H2 Public House (8:30AM) featuring parks and
 recreation.
  • Attended the sold-out Newsmaker Breakfast featuring major developers in downtown
 Cornelius.
  • Enjoyed the Cornelius Youth Orchestra concert held at Mt. Zion Church.
  • A Mecklenburg County mayors’ luncheon is upcoming.
  • Attended a Connect Beyond meeting focusing on future mobility throughout the region.




 02/19/24 Regular Meeting
 Page 3
7. EMPLOYEE RECOGNITION
 A. Recognize the Retirement of Officer Roos
 Chief Baucom recognized Officer David Roos years of service in law enforcement and with
 the Cornelius Police Department. Officer Roos fully retired on December 31, 2023.

 Commissioner Osborne made a motion to approve Resolution #2024-01120 awarding Officer
 Roos his badges. Commissioner Carney seconded the motion and it passed unanimously, 5-0.

 Resolution #2024-01120 is hereby made part of the minutes by reference.

8. MAYORAL PROCLAMATIONS
 A. Animal Shelter Donation
 Mayor Washam recognized a $50K animal shelter donation made by Angela and Kevin
 Lambert honoring her parents Bennett and Sue Grey’s wishes. He then read a Proclamation
 proclaiming February 19, 2024, as Bennett and Sue Grey Day in recognition of their very
 generous donation. Mrs. Lambert was then presented with the Proclamation.

9. PRESENTATIONS AND PUBLIC COMMENT
 A. REZ 07-23 The Serve Pickleball + Kitchen
 Planning Director Burhans presented a rezoning request made by DB Entertainment Real
 Estate Management, LLC to construct a pickleball and restaurant facility (51,086sqft.) on
 6.39 acres located at 20220 Chartown Drive. The project includes 16 pickleball courts (10
 indoor/6 outdoor). A community meeting was held on February 6th to answer questions and
 address the concerns of approximately 25 citizens.

 Attorney Larry Shaheen, representing the applicant, gave an overview of the vacant property
 between the new Lake Norman Chrysler, Dodge, Jeep, Ram and Lake Norman Power Sports.
 The project idea came directly from Jack and Robin Salzman, and they will use all local
 businesses to complete the project. The economic impact is approximately $17M in
 investments, will generate ~$30,000 in new tax revenue, and create 25-30 new jobs in
 Cornelius. It will become a new gem for Cornelius and will include 4 Top Golf simulator
 bays. Attorney Shaheen outlined the sound mitigation efforts to address noise concerns that
 were expressed.

 Commissioner Higgins commended the Salzmans on another great project for Cornelius. He
 asked for clarity on the noise dampening mitigation. Attorney Shaheen explained that the
 dampening mitigation is a foam-based product that will be placed underneath the courts, and
 the product to be placed along the 10-foot-high fence (northern side) will also be a foam
 similar to what would be used in a sound booth studio.

 Commissioner Osborne thanked the team for working with the citizens and addressing their
 concerns regarding noise. He asked about outdoor court lighting. Attorney Shaheen
 explained that the courts will not have specific lights as they will not be open any later than
 9PM and parking lot lighting will meet the Code standards.

 Mayor Washam invited the public to speak. There being no public comment, he thanked
 Attorney Shaheen for his presentation and Jack and Robin Salzman for bringing a great
 project to Cornelius.


 02/19/24 Regular Meeting
 Page 4
10. PRESENTATIONS
 A. Bags of Hope Annual Support Grant Application
 Ashley Nydish presented the mission, schools served, and volunteer opportunities for Bags of
 Hope. Nicole Fiehler presented the 2023 grant results and what a $20,000 grant will do to
 make a difference in helping eliminate food insecurities for local students.

 Commissioner Higgins stated that he had no idea that food insufficiency existed in the
 community. He said the program efforts are amazing and thanked Bags of Hope for their
 commitment to helping children in the community.

 Commissioner Sansbury congratulated Ashley and Nicole on their hard work in soliciting
 donations, as well as the hands-on work of providing the bags.

 Mayor Washam thanked them for their presentation.

 B. YMCA Annual Support Grant Application
 Katie Jost presented the YMCA’s grant application for $7,000 to increase the active adult
 programming that supports social outings, crafting projects and physical movement
 programs.

 Mayor Washam thanked her for the presentation.

 C. Angels and Sparrows Annual Support Grant Application
 Cindy Deutsch presented the Angels and Sparrows grant application for $10,000 to increase
 accessibility of healthy meals and fresh groceries to food-insecure families in North
 Mecklenburg, as well as offering education opportunities.

 Mayor Washam thanked her for the presentation.

 D. Cain Center for the Arts Annual Operating Budget Support Grant Application
 Justin Dionne presented the Cain Center’s grant application for $411,000 to continue
 operations and programming that supports arts education, visual art exhibits, and performing
 arts programming.

 Mayor Washam thanked him for the presentation.

 E. Draft 2024-2034 Comprehensive Parks and Greenways Master Plan
 Parks Director Fitzsimmons presented the draft master plan recommendations that resulted
 from community listening sessions, stakeholder interviews, scientific and public surveys,
 recommended standards, and the existing plans/studies/reviews. The draft also identified
 areas for future park and greenway locations. The Parks Commission will make their formal
 recommendation on March 7th and the Board will then consider approval on March 18th.

 Commissioner Osborne asked if the recent Land Use Plan update was reviewed to ensure it
 would accommodate the updated master plan. Mr. Fitzsimmons stated that they did and
 explained the reasons why most of the large park areas identified are east of Hwy. 115 in
 rural preservation and the west side of Hwy. 115 will be in-fill parks where possible.



 02/19/24 Regular Meeting
 Page 5
 Commissioner Higgins extended his gratitude to the Parks Commission and staff for sticking
 to a comprehensive, scientific plan that has served the community well over the years, as
 well as continuing to measure up nationally.

 Commissioner Sansbury stated that the Parks Commission is heavily involved in this process
 and that is why the presentation was one of the best in providing background information and
 recommendations.

 Mayor Washam stated that staff worked extremely hard on getting citizen participation and
 the Parks Commission’s dedication throughout the process is proof in what was just
 presented.

11. PUBLIC HEARING AND CONSIDERATION OF APPROVAL
 A. TA 01-24 Bicycle Parking
 Mayor Washam called for a motion to open the public hearing on TA 01-24. The public
 hearing notice is attached hereto.

 Commissioner Johnson made a motion to open the public hearing for text amendment TA 01-
 24. Commissioner Higgins seconded the motion and it passed unanimously, 5-0.

 Planning Director Burhans presented the proposed text amendment for short and long-term
 bicycle parking.

 Mayor Washam invited the public to speak. There being no comments, 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 Higgins made a motion to approve Ordinance #2024-00845 to amend the
 Land Development Code, Chapter 7, Section 7.3, Off-Street Parking Area Design
 Specifications as presented. Commissioner Osborne seconded the motion and it passed
 unanimously, 5-0.

 Ordinance #2024-00845 is hereby made part of the minutes by reference.

 Commissioner Osborne made a motion to approve Resolution #2024-01121 declaring text
 amendment TA 01-24 is consistent with the Town’s adopted Land Use Plan as proposed.
 Commissioner Johnson seconded the motion and it passed unanimously, 5-0.

 Resolution #2024-01121 is hereby made part of the minutes by reference.

 B. TA 02-24 Outdoor Decorative Lighting
 Mayor Washam called for a motion to open the public hearing on TA 02-24. The public
 hearing notice is attached hereto.

 Commissioner Sansbury made a motion to open the public hearing for text amendment TA
 02-24. Commissioner Johnson seconded the motion and it passed unanimously, 5-0.


 02/19/24 Regular Meeting
 Page 6
 Planning Director Burhans presented the proposed text amendments for outdoor decorative
 lighting modifications to Chapter 7, Section 7.5 and Chapter 10, Section 10.7 of the Land
 Development Code.

 Mayor Washam invited the public to speak. There being no comments, 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 Sansbury made a motion to approve Ordinance #2024-00846 to amend the
 Land Development Code, Chapter 7, Section 7.5.11 and Chapter 10, Section 10.7 as
 presented. Commissioner Johnson seconded the motion and it passed unanimously, 5-0.

 Ordinance #2024-00846 is hereby made part of the minutes by reference.

 Commissioner Osborne made a motion to approve Resolution #2024-01122 declaring text
 amendment TA 02-24 is consistent with the Town’s adopted Land Use Plan as proposed.
 Commissioner Johnson seconded the motion and it passed unanimously, 5-0.

 Resolution #2024-01122 is hereby made part of the minutes by reference.

C. TA 04-24 Signs
 Mayor Washam called for a motion to open the public hearing for TA 04-24. The public
 hearing notice is attached hereto.

 Commissioner Osborne made a motion to open the public hearing for text amendment TA 04-
 24. Commissioner Sansbury seconded the motion and it passed unanimously, 5-0.

 Planning Director Burhans presented the proposed text amendments to add structural canopy
 and architectural façade structure signs to Chapter 2 Definitions and Chapter 10 Signs for
 modifications to School and Civic Signage (on and off-premise); and Chapter 14, Section
 14.6.G Civil Penalty.

 The Board expressed concerns with the “7-day” limit for event banners and Mr. Burhans
 provided them with additional information on how the off-premise and on-premise banner
 signs are regulated.

 Mayor Washam invited the public to speak.

 Robert Reed - 8834 Westmoreland Lake Drive, stated that banner limitations for events
 should be more than 7 days.

 Attorney Bringewatt and Planning Director Burhans had a sidebar discussion regarding the
 proposed text amendment to provide the Board clarity on what is being considered for
 approval. Upon their return, Mr. Burhans revisited the proposed text amendment’s intent.

 Mayor Washam called for a motion to close the public hearing.

 02/19/24 Regular Meeting
 Page 7
 Commissioner Johnson made a motion to close the public hearing. Commissioner Sansbury
 seconded the motion and it passed unanimously, 5-0.

 Commissioner Johnson made a motion to approve Ordinance #2024-00847 to amend the
 Land Development Code, Chapter 2 – Definitions, Chapter 10 – Signs, and Chapter 14 –
 Zoning Administration, Section 14.6.G as presented. Commissioner Carney seconded the
 motion and it passed unanimously, 5-0.

 Ordinance #2024-00847 is hereby made part of the minutes by reference.

 Commissioner Sansbury made a motion to approve Resolution #2024-01123 declaring text
 amendment TA 04-24 is consistent with the Town’s adopted Land Use Plan as proposed.
 Commissioner Higgins seconded the motion and it passed unanimously, 5-0.

 Resolution #2024-01123 is hereby made part of the minutes by reference.

12. CONSIDERATION OF APPROVAL
 A. FY2024 Budget Amendment
 Finance Director Niswonger gave an overview of the budget amendment for the new police
 boat. The total amount of the amendment is $220,556 and the funding source is $200,000 of
 ARPA-supplanted funds and the remaining $20,556 from Asset Forfeiture Funds.

 Commissioner Sansbury made a motion to approve Ordinance #2024-00848 amending the
 FY24 budget by $220,556 for the new police boat. Commissioner Higgins seconded the
 motion and it passed unanimously, 5-0.

 Ordinance #2024-00848 is hereby made part of the minutes by reference.

 B. Smithville-to-JV Washam Greenway Contract Amendment #2
 Parks Director Fitzsimmons provided an overview of the project and its timeline:
 • Town received $2.4M grant for project in 2017.
 • Town appropriated $1.05M in 2013 park bonds and $660,000 in capital funds in
 2018.
 • Kimley-Horn was selected through RFQ process in 2018.
 • NCDOT froze project in 2019 due to state grant funding issues.
 • NCDOT issued ROW authorization and gave the Town the “go ahead” with the
 project in 2021.
 • Town has been partnering with the County for the past two years to get the project
 into the County’s CIP. The project is now in the County’s FY25 CIP so the project
 can restart.

 Mr. Fitzsimmons explained that due to the time lapse, several NCDOT documents need to be
 updated to reflect scope changes and today’s costs. He asked the Board to consider
 approving a contract amendment with Kimley-Horn for an additional $249,300 to complete
 the design project.

 Commissioner Higgins made a motion to approve a contract amendment with Kimley-Horn
 for $249,300 and authorize the Town Manager and Attorney to finalize the terms and

 02/19/24 Regular Meeting
 Page 8
 conditions and execute it. Commissioner Carney seconded the motion and it passed
 unanimously, 5-0.

 C. North Carolina Directed Grant
 Manager Grant gave an overview of the $3M Grant directed by the State to provide the Town
 funds for capital improvements and/or equipment (Attachment 1). He outlined the criteria
 and highlighted that the funds must be spent before October 3, 2025. His recommendation to
 the Board is to expend the $3M in grant funds on short-term Town cash-funded projects
 prior to October 3, 2025, and supplant $3M of Town funds (cash) to be spent on legislative
 priorities. He asked for Board direction on how to spend the funds.

 The Board discussed the options presented by Manager Grant and directed him to supplant
 the $3M of Town funds and spend it on the legislative priorities identified in 2023.

 Commissioner Johnson made a motion to approve Step 1 of Manager Grant’s
 recommendation to expend $3M State grant funds on near-term Town cash-funded projects
 prior to October 2025 as follows:
 • $1.2M Bailey Road Park Tennis/Pickleball Project
 • $900K Town Road Resurfacing (FY25)
 • $500K Fire Department SCBA Replacement (FY25)
 • $400K Legion Park Playground Replacement (FY25)
 Commissioner Higgins seconded the motion and it passed unanimously, 5-0.

 Commissioner Higgins made a motion to spend $1M of the State supplanted grant funds on
 the Town’s infrastructure project in Smithville. Commissioner Carney seconded the motion
 and it passed unanimously, 5-0.

 Staff was directed to bring more information back to the Board so that it can determine how
 to spend the remaining $2M of State supplanted funds, including a potential Bailey Road
 school traffic mitigation project and potential Lake Norman CDC and Smithville Community
 Coalition projects.

13. CONSENT AGENDA
 A. FY 2024 Audit Contract with Martin Starnes & Associates (Approved 5-0)
 B. Tax Refunds = $2103.33 (Approved 5-0)
 C. Approve Regular Meeting Minutes – February 5th (Approved 5-0)
 Commissioner Johnson made a motion to approve the Consent Agenda as presented.
 Commissioner Osborne seconded the motion and it passed unanimously, 5-0.

14. COMMISSIONER CONCERNS
 No concerns were expressed.

15. CLOSED SESSION
 A. Closed Session Pursuant to NCGS 143-318.11.(a).(5) - PID #00520129 (cont’d.)
 Mayor Washam called for a motion to go into Closed Session to continue the closed session
 topic discussed in the Pre-meeting.

 Commissioner Carney made a motion to go into Closed Session at 9:55PM. Commissioner
 Osborne seconded the motion and it passed unanimously, 5-0.

 02/19/24 Regular Meeting
 Page 9
16. ADJOURNMENT
 Upon return from Closed Session and there being no further business to discuss, Commissioner
 Sansbury made a motion to adjourn the meeting at 10:30PM. Commissioner Osborne seconded
 the motion and it passed unanimously, 5-0.

  Approved this 4th day of March 2024.


 ATTEST:
 Woody Washam, Jr., Mayor
  Lori A Harrell, Town Clerk




 02/19/24 Regular Meeting
 Page 10
 Attachment A




North Carolina Directed Grant
2023 State Budget
• Adopted ~October 2023
• $3,000,000 - “Town of Cornelius – Capital”
• “Provides a directed grant to the Town of Cornelius for capital
  improvements or equipment”
Grant Criteria
• Capital and equipment are eligible expenditures
• Can be provided to a subrecipient; however, all rules still apply
• Can be spent on NCDOT partnership matches for road projects
• Must be spent prior to October 3, 2025
 • NO extensions on expenditure deadline
 • Unspent funds must be returned to the State
Reconciliation b/w grant criteria and Town priorities

• High risk of not being able to spend $3M State grant funds prior
  to October 2025 deadline if provide funds to subrecipients and
  allocate to NCDOT partnerships
• Recommendation:
 1. Expend $3M State grant funds on short-term Town cash-funded
 projects prior to October 2025
 2. Supplant $3M of Town funds (Town cash) to be spent on legislative
 priorities
 • Eliminates the deadline concern
 • Can be spent on non-capital and non-equipment
 • Very similar to ARP supplanting approach
Step 1: Expend $3M State grant funds on near-term
Town cash-funded projects prior to October 2025
• Projects that are cash-funded and will be complete in FY25
  • Bailey Road Park Tennis/Pickleball Phase I $1,200,000
  • FY25 Road Resurfacing $ 900,000
  • FY25 Fire SCBA Replacement $ 500,000
  • FY25 Legion Park Playground Replacement $ 400,000
• Town funds supplanted = Capital Project funds, Powell Bill
  funds, General Fund fund balance
 Step 2: Supplant $3M of Town funds (Town cash)
 to be spent on legislative priorities
• Recommend spending funds on projects that align with 2023
  Legislative Priorities
• Option
  • NCDOT Partnership Road Projects $2,000,000
  • Town’s Smithville Infrastructure Project – gap funding $1,000,000
 • (roads, sidewalk, stormwater)
• Recommend approving future budget amendments that will
  move funds to appropriate capital project funds, such as the
  Transportation Capital Project Fund and Smithville
  Infrastructure Fund
Questions and Town Board Direction