1. home and garden

1
CITY COUNCIL AGENDA
CITY OF SANFORD, NORTH CAROLINA
January 20, 2015, 7:00 P.M., CITY HALL
1.
MEETING CALLED TO ORDER
2.
INVOCATION
3.
PLEDGE OF ALLEGIANCE
4.
PUBLIC COMMENT
5.
APPROVAL OF AGENDA
6.
CONSENT AGENDA
A. Approval of City Council Meeting Minutes Dated December 2, 2014
-
B. Approval of City Council Meeting Minutes Dated December 16, 2014
25)
C. Approval of City Council Meeting Minutes Dated January 6, 2015
—
(Pages 3
-
—
(Pages 13
12)
—
(Pages 26 —31)
D. Approval of City Council Work Session Minutes Dated January 6, 2015
39)
—
(Pages 32—
7.
SPECIAL AGENDA
8.
DECISIONS ON PUBLIC HEARINGS
9.
REGULAR AGENDA
A. Consider Resolution Directing that the Project be Undertaken for the Hawkins Avenue
Sewer Line Extension (Page 40)
—
B. Consider Ordinance Amending the Annual Operating Budget of the City of Sanford
FY 20 14-2015 (Risk Management) (Pages 41 42)
—
-
-
2
City Council Agenda
January 20, 2015
C. Consider Joint Resolution of the Sanford City Council and the Lee County Board of
Education Requesting Repeal of Session Law 2013-220 and Return the Method of
Election to Non-Partisan (Page 43)
—
10.
OTHER BUSINESS
11.
ADJOURNMENT
2
3
MINUTES OF MEETING OF THE
CITY COUNCIL OF THE CITY OF SANFORD
SANFORD, NORTH CAROLINA
The City Council met at the Sanford Municipal Center, 225 F. Weatherspoon Street, on Tuesday,
December 2, 2014, at 7 P.M., in the Council Chambers. The following people were present:
Mayor T. Chet Mann
Council Member Byron Buckels
Council Member Jimmy Haire
Council Member Charles Taylor
Council Member Rebecca Wyhof
City Manager Hal Hegwer
Mayor Pro Tern James Williams
Council Member Sam Gaskins
Council Member Norman Charles Post, III
City Clerk Bonnie Davis
City Attorney Susan Patterson
Mayor Mann called the meeting to order. Council Member Jimmy Haire delivered the invocation.
The Pledge of Allegiance was recited.
PUBLIC COMMENT
No citizen signed up to speak.
APPROVAL OF AGENDA
Mayor Mann explained that we need to remove the item under Public Hearing: Hawkins Avenue 8Inch Sewerline Extension and Consider Adoption of Resolution Directing that the Project be
Undertaken for Hawkins Avenue Sewer Line Extension and add two items to the Regular Agenda:
(1OE) Resolution Approving the City of Sanford Fund Balance Policy and (1OF) Closed Session.
Council Member Gaskins made the motion to approve the agenda as amended. Seconded by Council
Member Buckels, the motion carried unanimously.
CONSENT AGENDA
Approval of City Council Meeting Minutes Dated November 4, 2014—(Filed in Minute Book 82)
Approval of City Council Meeting Minutes (Citizens Academy) Dated November 18, 201 4—(Filed
in Minute Book 82)
Council Member Gaskins made the motion to approve the consent agenda.
Member Buckels, the motion carried unanimously.
Seconded by Council
CASE FOR PUBLIC HEARING
Public Hearing on Hawkins Avenue 8-Inch Sewerline Extension (Exhibit A)
This item was removed from the agenda.
• Consider Adoption of Resolution Directing that the Project be Undertaken for Hawkins Avenue
Sewer Line Extension (Exhibit)
This item was removed from the agenda.
—
—
4
City Council Meeting
December 2, 2014
DECISIONS ON PUBLIC HEARINGS
A. Consideration of a proposed text amendment to the UDO to remove all references to Cluster
Subdivisions, specifically from Section 4.3.1 Purpose Statements in the R-20, R-14, R-12SF, and
R-10 general use zoning districts.
B. Consideration of a proposed text amendment to Section 10.2, Subsection 10.2.8 (10.2.8.2)
Signage in Shopping Centers and Superstores to remove the Color standard as a required element
of a common signage plan in Shopping Centers/Superstores in excess of 25,000 square feet.
C. Consideration of a proposed text amendment to Section 5.37 Free Standing Ice Vending Units of
the UDO to clarify those ice machines 7’W X 1 O’D and smaller in size are considered ice vending
machines and shall be permitted as an accessory use in the NC, C-i, C-2, HC, LI and HI zoning
districts.
D. Consideration of a proposed text amendment to Table 4.6-1 Permitted Use Matrix of the UDO to
revise the land use “Day Care Facility, Adult” by placing an “S/D” in the RA, RR, R-20, R-i4,
R-12SF, R-12, R-10, R-6, and MF-12 district to indicate that the use will be permitted as a Special
Use with Development Standards in all residential districts.
E. Consideration of a proposed text amendment to Article 5 of the UDO to create a new Section 5.38
in order to add regulations and design standards for the land use “Day Care Facility, Adult”.
F. Consideration of a proposed text amendment to Appendix A. Definitions of the UDO to add
definitions for an Adult Day Care Center, Adult Day Care Home and Adult Day Care Program.
G. Consideration of a proposed text amendment to Table 4.6.-i Permitted Use Matrix of the UDO to
add a new use “Solar Collector Facility” and further indicate that the use shall be permitted as a
Special Use with Development Standards in the RA, RR, R-20, R-14, R-12SF, R-i2, MF-i2, NC,
C-i, C-2, 0 & I, LI and HI zoning districts.
H. Consideration of a proposed text amendment to Article 5 of the UDO to create a new Section 5.39
in order to add regulations and design standards for the land use “Solar Collector Facility”.
Community Development Director Marshall Downey explained that he was going to address Items
A through H, which are all amendments to the Unified Development Ordinance. These items were
presented to Council on November 18 and the Planning Board recommended unanimously to approve
the amendments. However, Items G and H relate to the Solar Farm Collector Facility. Mr. Downey
referred to an email (Exhibit B) he sent to Council earlier. These amendments have been presented
to Lee County and the Town of Broadway. When staff went through the process, one issue that was
presented was the concern about a funding mechanism or a financial guarantee if one of the solar
collector facilities was abandoned. There is information in the amendment dealing with that type
situation; however, there was no financial guarantee in the language associated with that. At the Lee
County Board of Commissioners meeting, staff recommended moving forward with the amendment
as proposed and come back at some future point and modify the language again with the guarantee
language after research. Staff has been researching this information but we do not feel comfortable
at this time making that change. The other option is to table the item until we get that new language
added to it and make it a complete package to look at. The commissioners decided to table the item
City Council Meeting
December 2, 2014
and did not take any action on the proposed amendment and look at the new language to deal with
the financial guarantee. In order to be consistent, staff is recommending to the City of Sanford and
Town of Broadway to table this item.
—
Council Member Post how long would it take to get this draft. Mr. Downey said that Zoning
Administrator Amy McNeill has found two counties that are doing this Pasquotank and Catawba
Counties. We are trying to make sure we are not creating more problems than we are solving; if that
is something the industry is not doing. Ms. McNeill attended a workshop that was sponsored which
brought these changes to Council; it was not included in the language as the best management
practices.
—
Council Member Gaskins stated that from the email exchanges from Mr. Downey and counsel, we do
have a precedent with the removal of cell towers. Mr. Downey replied that is correct; it is the most
common example it is more of an infrastructure type situation and we do having bonding mechanism
with removal. Mr. Gaskins asked if there would be any reason to create something new or would
that suffice. Mr. Downey stated that if they can find evidence that they can secure those types of
bonds, we would probably use something along the same lines.
—
Staffs recommendation is to table Items G and H. Attorney Patterson stated that Council may want
to table Items G and H first and then pass the ordinance with the removal of the language. Council
Member Williams made the motion to table Items G and H. Seconded by Council Member Taylor,
the motion carried unanimously.
•
Consider Ordinance Amending the City of Sanford Unified Development Ordinance
(Exhibit C)
Council Member Gaskins made the motion to approve Items A through F and strike the
language of G through H. Seconded Council Member Post, the motion carried unanimously.
—
Application by Fred Thomas “Tommy” Smith III on behalf of Smith Residential Builder LLC
seeking a Subdivision Exception pursuant to Section 6.3.6 of the Subdivision Ordinance to allow a
waiver on a portion of a buffer yard that is required when a residential subdivision abuts a
thoroughfare. Concurrent with the subdivision exception request, the applicant is seeking approval
of a preliminary plat for “McNeill Crossing”, a proposed 13-lot residential subdivision to be located
on McNeill Road, beginning at the northwest corner of McNeill Road and Hawkins Avenue. The
parcel of land also abuts the US 421 Bypass; therefore a Class D buffer yard is required to be planted
along the perimeter of the subdivision where abutting the thoroughfare. The property is depicted on
Lee County Tax Maps 9643.02 and 9644.04, Tax Parcel 9644-50-9042. It is also the same property
depicted on a map for Railroad Town LLC, recorded in Plat Cabinet 2014, Slide 47, Lee County
Registry of Deeds. (Exhibit C)
-
—
Design Review Coordinator Amy McNeill advised that the Planning Board considered this item at
its last meeting and voted to approve this subdivision exception as part of the preliminary plat
approval, as it appears reasonable and in the public interest based on the information and conditions
as presented in the formal request, such as the elevation difference and the existing natural vegetation,
in conjunction with the narrow width of the existing tract of land and the fact that the plat complies
with all other technical requirements.
3
6
City Council Meeting
December 2, 2014
Council Member Taylor said that he has met with Mr. Smith and spoke with him on the telephone.
Mr. Taylor stated that he is concerned about the noise and pollution because he lives in Hawkins Run
and he also hears it from Fairway Woods. Mr. Taylor explained that he agrees with what Mr. Smith
is trying to do and preserve the natural vegetation that is there now and incorporate it into his design.
Mr. Taylor said that he wanted to be put on record regarding the problem with down-shifting of tractor
trailers. At some point, we may want to look at some type of ordinance in place to eliminate
downshifting. It creates a huge noise pollution and it resonates within the neighborhoods when trucks
are entering an intersection and they shift down with a clutch. At some point, we may need to come
back and revisit this especially as we develop corridors around Sanford. We may need to look at
some time of language to prohibit that.
•
Consider Approval of a Subdivision Exception and Preliminary Plat for McNeill
Crossing Subdivision
Council Member Post made the motion to approve the subdivision exception and preliminary
plat for McNeill Crossing Subdivision. Seconded by Council Member Gaskins, the motion
carried unanimously.
Application by Dennis A. Richter on behalf of Narenco Development, LLC and Solterra Partners,
JJ to rezone 203.50 +1- acres, comprised of twelve adjoining vacant lots located south of W.
-
Garden Street and east of Fire Tower Road to the Balsam, Elm, Sweetgum and Sandifer 4 Solar Farms
Conditional Zoning District to allow for the development of a group of four solar farms. Nine of the
lots are zoned Residential-Mixed (R-12) and are either landlocked or have frontage on W. Garden
Street or Fire Tower Road. Three of the lots are zoned Residential Single-family (R-20) and have
frontage on W. Garden Street. The property is the same as depicted on Lee County Tax Maps 9642.03,
9642.04, 9641.01 and 9641.02 as Tax Parcels 9642-82-0492, 9642-71-9787, 9641-59-7682, 964240-9338, 9642-62-1683, 9642-41-8740, 9642-41-8090, 9642-61-2942, 9642-72-4503, 9642-429338, 9642-40-4 159 and 9642-62-0333 Lee County Land Records. (Exhibit D)
—
Design Review Coordinator Amy McNeill explained that this is a request to rezone a little over 200
acres, comprised of twelve adjoining vacant lots located south of W. Garden Street and East of Fire
Tower Road to a conditional zoning district to allow the development of a group of four solar farms.
The Planning Board discussed this rezoning application at its November 18, 2014, meeting and by a
unanimous vote, recommended to approve the rezoning request as presented. The Planning Board
voted to support this rezoning petition as it appears to be reasonable and in the public interest based
on the informationlconditions as presented in the conditional zoning petition (such as the landscape
buffer yard along the public streets and adjoining properties), the unique land use proposed and the
fact that the location appears to lend itself to the proposed use (a group of solar farms located in close
proximity to an existing power station), in conjunction with the attempt to facilitate the efficient and
adequate provision of a public requirement (electricity).
Ms. McNeill explained that conditional zoning is site-plan specific; this means that the plans that are
presented to Council are legally binding on the land and it must be developed in that manner, even in
the event of a property transaction, such as the sale of the property. She said that if Mr. Richter sells
the property to someone else, it must still be developed in a manner illustrated in the plan or the
property owner/applicant must come back and change those plans through the conditional zoning
process. It is legally binding.
4
7
City Council Meeting
December 2, 2014
Council Member Williams asked what happens if Council rezones it tonight without the bond.
Ms. McNeill replied that she has had discussion with Mr. Richter regarding the concerns of bonding.
Mr. Richter will address this concern.
Mr. Richter stated that he was informed earlier today regarding the bonding on the eventual removal
of the solar facility. He said he does not have a lot of history on that and has not bonded any solar
farms to date; however, that does not mean they have not been bonded in other counties. Mr. Richter
said that if Council ultimately decides in the text amendment that they want to do some form of
bonding, he would agree to do so on the project. He does not know what that means to them as to the
cost or the difficulty of maintaining that bond over a long period of time. He does not know how
the cell tower bonding works. He would like to move forward and get Council’s approval with the
condition, however Council records it. Mr. Richter advised that if Council ultimately requires
bonding, then he would comply with that requirement.
Mr. Richter said in conversations with other people that do the development, that if today a solar farm
had to be removed, the salvage value of the steel and copper covers the majority of the cost (not all
of the cost) to remove the facility. Mr. Richter said that if they were to walk away there were still
options: (1) the landowner who inherited those improvements just by way of the lease, could have it
removed at very little or no cost; and (2) it would still be a functioning energy generating facility
he could take over the facility and sell the energy as well; there are economic benefits to either
removing it or operating it beyond them being there on the property.
—
•
Consider Ordinance Amending the Official Zoning Map of the City of Sanford, North Carolina
(Exhibit E)
Council Member Gaskins made the motion to approve the ordinance including any references
to bonding that may or may not be added.
—
Attorney Patterson clarified that “with the condition that if Council passes a bonding
requirement, they will meet it.” Mr. Gaskins agreed.
Council Member Williams seconded the motion.
Council Member Taylor expressed concern that Mr. Richter is committing to something that he
does not know what he is going to get so far as a bonding requirement. He has a problem down
the road with Council passing something with the stipulation that he will be in compliance of it
and he does not know the commitment financially, that it may be advantageous for him not to
come to Sanford. Mr. Taylor said his concern is the fact that Council is passing something
without knowing the ramifications of how it is going to affect the individual company; we want
good companies here and we want this type of investment but at the same time, we have to be
protective of a consumer as well.
Council Member Gaskins said that as the motion is stated, Mr. Richter has the option to not
invest but the City still has the option (the way the motion was presented) to either accept and
include bonding information or to completely leave it out. So the motion has taken that into
consideration.
5
8
City Council Meeting
December 2, 2014
Council Member Post asked Mr. Downey for clarification that because this is a conditional
rezoning request, Council can place conditions on the rezoning which could say you have to
have a financial guarantee and an abandonment plan.
Mr. Downey replied that Council needs to keep in mind with conditional rezoning, Council can
ask or request these conditions to be placed on it but it is up to Mr. Richter to accept those
conditions. The other option Council has is if Mr. Richter does not accept the conditions,
Council can turn down the rezoning request.
Attorney Patterson stated that it is important to state in Council’s motion because it is part of
the approval of the rezoning and since we do not yet have that as a requirement, you would not
want the developer to have grandfathered status without it. The motion putting the condition
on it and Mr. Richter stating before Council that he would agree to meet that, would satisfy the
requirement.
Council Member Taylor asked if there is any reservation at all from Mr. Richter’s behalf, based
on the language of the motion that has been made.
Mr. Richter replied there is no reservation. If Council approves it tonight, they will not start
tomorrow, so there will be time for Council to come to resolution on the amendment. They will
quantify what the cost of that is and decide whether it is feasible or not. With that in mind,
they will not be making a commitment tomorrow to go forward. They have to know they can
build it and then they have to get other people to buy in and approve it. This is part of that step.
He said that if they can take this first step, they can keep the process moving and when Council
comes back, he could reevaluate it if there is a problem.
Mayor Mann asked counsel if she has the motion written down the way it should be stated.
Attorney Patterson replied, to approve the rezoning with the condition that if the Council
requires a bond, they will meet it or supply it. Attorney Patterson added that it is the requirement
of any statute that when Council looks at rezoning, they have a finding about whether it meets
the 2020 Land Use Plan. She asked that this information be added to the ordinance as well.
Ms. McNeill stated that the 2020 Land Use Plan Map identifies this area as “residential
agricultural” which denotes lots that are typically 20,000 sf or larger and consist primarily of
single-family development and agricultural uses.
Mayor Mann said that we have a motion and a second to consider Amending the Official Zoning
Map of the City of Sanford, North Carolina with the condition that if the Council requires a
bond, they will meet it or supply it. The motion carried six to one in favor of the motion with
Council Member Charles Taylor casting the dissenting vote.
REGULAR AGENDA
Consider Entering Into Agreement with NC DOT for Traffic Review and Inspection of Signals
Included in the Streetscape Project (Exhibit F)
City Engineer Paul Weeks said that this is a revised signals agreement with the NCDOT for the
Downtown Streetscape project. Council approved a previous agreement; however, before the DOT
—
6
9
City Council Meeting
December 2, 2014
executed the document, they noticed a wording problem. They removed the wording of the E-verify
requirement. We have paid the DOT the funds they requested and they are working on the project.
Council Member Sam Gaskins made the motion to approve the agreement. Seconded by Council
Member Wyhof, the motion carried unanimously.
Consider a Resolution Supporting the Jordan Lake Partnership and the Triangle Region Water Supply
Plan (Exhibit G)
City Engineer Paul Weeks explained the background behind the Jordan Lake Partnership. In 2007
after the drought, a number of municipalities decided it was time that we came together and
collaborated on our water supply plans. Every public water supplier is required to develop a water
supply plan which basically outlines how much water you used in the year you are in and how much
you plan to use 30 years out; that gives everyone an opportunity to do some future planning. After
the drought, it became apparent that we needed to plan as a region because a number of people and
municipalities depend on Jordan Lake. So thirteen different public water suppliers came together and
these are the users of Jordan Lake and decided that we needed to work up a regional water supply
plan instead of a single one. The Jordan Lake Partnership started in 2009 and through a series of
meetings, we were able to take our water supply plans and put them together into one. He said there
was so much work and collaboration that went on in this process, we received an award (all thirteen
municipalities) from the American Planning Association, The North Carolina Chapter; it is the 2014
Marvin Collins Outstanding Planning Award, which is given for outstanding planning. This is a very
significant document that all the municipalities are using when they submit to the Department of
Environment and Natural Resources.
—
Council Member Post made the motion to adopt the Resolution Supporting the Jordan Lake
Partnership and the Triangle Region Water Supply Plan. Seconded by Council Member Wyhof, the
motion carried unanimously.
Consider an Addendum to Extend the Term of the Memorandum of Understanding Supporting the
Jordan Lake Partnership (Exhibit H)
City Engineer Paul Weeks explained that in 2009, when the partnership was formed, it had a
termination date of June 30, 2014. The partnership believes that there is an advantage for the
partnership to continue to exist and in order for that to happen, all members have to approve this
continued existence. The addendum extends the term of the Jordan Lake Partnership until June 30,
2019.
—
Council Member Gaskins made the motion to approve the Addendum to Extend the Term of the
Memorandum of Understanding Supporting the Jordan Lake Partnership. Seconded by Council
Member Post, the motion carried unanimously.
Consider Ordinance Amending the Annual Operating Budget of the City of Sanford FY 2014-2015
(E9 11) (Exhibit I)
City Manager Hal Hegwer advised that the ordinance appropriates $40,794 to purchase a CADD
system for the backup 911 Center located at the courthouse. It will link the City’s 911 Center to the
system that will be located at the Lee County Sheriffs Department as a backup center. The 911 fund
is passed through Lee County and the City handles the expenditures because we are the Public Safety
Answering Point (PSAP). Lee County will reimburse the City for the expenditures.
7
—
City Council Meeting
December 2, 2014
Council Member Gaskins made the motion to adopt the Ordinance Amending the Annual Operating
Budget of the City of Sanford FY 2014-2015. Seconded by Council Member Buckels, the motion
carried unanimously.
Resolution Approving the City of Sanford Fund Balance Policy- (Exhibit J)
Financial Services Director Beth Kelly explained that the resolution approves a formal fund balance
policy so that we can take the adopted policy to our presentations to the three rating agencies to
receive our general obligation bond credit rating. The City, historically, has had an informal unwritten
fund balance policy so this is just formalizing and adopting that policy. The formal policy will
provide the rating agencies clarity in our financial strategy and philosophy. Section 1 explains the
overview of the definition of what fund balance is and unassigned fund balance; Section 2 states that
it is the City of Sanford’s policy to strive to maintain an unassigned fund balance in the General Fund
at a level sufficient to meet its objectives, will target a 30 percent fund balance available percentage;
and at no time shall the unassigned fund balance fall below the 25 percent of the closing year’s
General Fund operating budget. Unassigned fund balance in excess of the targeted 30 percent may
be reappropriated for pay-as-you-go capital or one-time expenses.
Mrs. Kelly stated that the City Council may, from time to time, appropriate fund balance that will
reduce unassigned fund balance to an amount lower than the 25 percent policy if there is a declared
emergency, or other such global purpose as to protect long-term fiscal security of the City. In those
circumstances, the City Council will adopt a plan to restore the unassigned fund balance back to the
30 percent within 36 months from the date of appropriation, or a plan of restoration for a different
time amount would be appropriated.
Mrs. Kelly provided Council with a chart (Exhibit J) of the City’s historical unassigned fund balance
percentages for the last ten years. Council Member Taylor asked what is the impetus behind the 25
number versus a 20 percent number; where did we come up with that number? Mrs. Kelly replied
that is what’s recommended based on looking at a lot of other units and also, Best Practices Guide
from the Governmental Finance Officers Association, discussion with the Local Government
Commission and also looking at feedback from the rating agencies from our prior visit.
Council Member Gaskins made the motion to approve the Fund Balance Policy. Seconded by Council
Member Post, the motion carried in favor five to one with Council Member Taylor casting the
dissenting vote.
OTHER BUSINESS
Council Member Wyhof congratulated Mayor Mann on receiving the Dogwood District Boy Scouts
Distinguished Citizen of the Year Award.
Council Member Haire congratulated Mayor Mann and Council Member Post for having one year
“under their belt” tonight on the Council. Mr. Haire asked if the bids will be opened on streetscape
this coming Thursday. Mi. Hegwer replied yes and you have to have three bids; if not, the project
will have to be rebid. Mr. Haire felt we should have some type of public presentation to the
Downtown Sanford people, since we have had one with the Jonesboro people.
Council Member Gaskins stated that this coming Friday will be Council Member Williams’ birthday.
8
City Council Meeting
December 2, 2014
Council Member Taylor stated that since Council has returned from the National League of Cities
Conference in Austin, Texas, he has had the opportunity to meet with Tim Punell, who is an Associate
Director of Third Sector Capital Partners. They have gotten a $1.9 million grant award where they
can help with youth development and economic opportunity for disadvantaged. He gave this
information to our City Manager and we have a very short timeline to apply for this grant. They are
going to have up to ten awardees. Their amount is $1.9 million and there are seven other partners in
it with about an equal amount (probably around $14 to $15 million to go after). The deadline is
January 16, 2015. We have to declare our intent December 9, 2014. This is something we need to
be aware of and the timing. The City Manager has assured him that staff is already looking at it and
proceeding with it.
City Attorney Patterson said she received a memo today suggesting that she remind Council Members
that as we approach the holiday season, that you are prohibited from accepting gifts from anyone the
City does business with or might do business with in the future.
City Manager Hegwer suggested cancelling the Law and Finance Committee meeting on Wednesday,
December 10. Several staff members and he will be in New York regarding the bond presentation
for the sale of the bonds. He mentioned that the City of Sanford won an award for its participation
in the National Night Out Campaign. We placed third in Category 4 of cities who range in the
population category of 15,000 to 50,000. We were the highest ranking in all the categories in North
Carolina for cities in our state. He thanked everyone for their participation in achieving this award.
Mayor Mann praised all the individuals who sponsored and participated in the Christmas parade. He
mentioned there will be a tree lighting at Depot Park on Friday, December 5, at 5:45 P.M.
Mayor Mann said during the Scouting banquet, he took an opportunity to thank scouting for how
important it is and mentioned fifteen things we are currently doing in the City and County that should
make a big difference in moving the City forward. Looking back on his one-year anniversary, while
a lot of things have not been finished, a lot of things have been started. He appreciates the continued
hard work of staff and Council.
Mayor Mann said that he enjoyed and learned a lot at the National League of Cities. Mr. Taylor was
a great host and it was nice to spend time together at night; we worked hard all day. He sent Council
a summary of his take-away notes and he was real encouraged that some of the things the City is
doing other cities are modeling. The big thing he took away from small cities is that it is all about
the family. We need to continue to do things outdoors and we are facilitating that with our greenways
and walkways. The revitalization policy is going to achieve a lot of goals that other cities are trying
to do, being a safe city and keeping your economic development priorities right.
-
Mayor Mann stated that part of the agenda is to bring about signature neighbors and trying to move
forward on housing in Sanford. We have a ground-breaking next week on Cool Springs Road, called
Autumn Wood. It is the first development in a while; the developer is going to try and develop 300
lots over the next few years in a price range that will add to the tax base.
Closed Session
9
City Council Meeting
December 2, 2014
City Attorney Susan Patterson read the motion for Council to go into closed session in accordance
with N.C.G.S.143-318.l1(a) (1), (4), and (5) to prevent the disclosure of information that is
privileged, or confidential pursuant to law; to discuss matters relating to the location or expansion of
industries or other business in the area; and to instruct the public body staff or negotiating agents
concerning the position to be taken on behalf of the public body in negotiating price, or material terms
of a contract or proposed contract, for the acquisition of real property. So moved by Council Member
Wyhof and seconded by Council Member Gaskins, the motion carried unanimously.
RETURN TO REGULAR SESSION AND ADJOURNMENT
Council Member Taylor made the motion to adjourn the meeting; seconded by Council
Member Haire, the motion carried unanimously.
Respectfhlly Submitted,
T. CHET MANN, MAYOR
ATTEST:
BONNIE DAVIS, CITY CLERK
10
MINUTES OF MEETING OF THE
CITY COUNCIL OF THE CITY OF SANFORD
SANFORD, NORTH CAROLINA
The City Council met at the Sanford Municipal Center, 225 E. Weatherspoon Street, on
Tuesday, December 16, 2014, at 7 P.M., in the Council Chambers. The following people were
present:
Mayor T. Chet Mann
Council Member Byron Buckels
Council Member Jimmy Haire
Council Member Charles Taylor
City Attorney Susan Patterson
City Manager Hal Hegwer
Mayor Pro Tern James Williams
Council Member Sam Gaskins
Council Member Norman Charles Post, III
Council Member Rebecca Wyhof
City Clerk Bonnie Davis
Mayor Mann called the meeting to order. Mayor Pro Tem James Williams delivered the
invocation. The Pledge of Allegiance was recited.
PUBLIC COMMENT
There was no public comment.
APPROVAL OF AGENDA
Mayor Mann requested the addition of an item to the Special Agenda, Presentation of Special
Christmas Tribute to a Council Member.
Council Member Haire made the motion to add this item to the Special Agenda. Seconded by
Council Member Gaskins, the motion carried unanimously.
Council Member Gaskins made the motion to approve the agenda as amended. Seconded by
Council Member Wyhof, the motion carried unanimously.
CONSENT AGENDA
Council Member Wyhof made the motion to approve the Consent Agenda. Seconded by
Council Member Gaskins, the motion carried unanimously.
SPECIAL AGENDA
Mayor Mann introduced a video clip, “The Magic of the Media”, a profile from WTVD’s
Tarheel Traveler by Scott Mason featuring Council Member Haire. The clip summarized Mr. Haire’s
interest in history and photography, following him from his start as a young paperboy, through his
35-plus year career with The Sanford Herald, to his ongoing career as a photographer. Mayor Mann
acknowledged his work in helping to preserve local history.
CASES FOR PUBLIC HEARING
Application by Kimcuc (Kim) Thi Michael (Exhibit A)
Design Review Coordinator Amy McNeill explained the request to rezone property at 1100
Broadway Road from R-20 (Residential Single-Family) to 01 (Office & Institutional) to be used as a
beauty salon. She is a cosmetology instructor at CCCC who would like to open this business as an
additional place of employment for recent graduates. Uses in the area include two churches, a day
care, a vegetable stand, farm fields and single-family homes. The subject one acre lot has a 1,500
—
City Council Meeting
December 16, 2014
square foot residence and is served by public water and private septic system, which has been
reevaluated and approved for a four-chair beauty salon, conditional upon rezoning of the property.
The current R-20 zoning is established to provide for low-density, single-family uses with a maximum
of two dwellings per acre and allows for market and design flexibility while preserving neighborhood
character. A list of permitted uses for R-20 is included in Exhibit A.
The proposed O&I zoning is established to provide for agencies and offices rendering
specialized services and traditional functions, including but not limited to government, cultural,
recreational and educations facilities and charitable institutions. As part of determining requirements
for redeveloping this site into a beauty salon, a site plan has been reviewed, which appears to comply
with all site design standards for O&I district. A list of permitted uses for O&I is included in Exhibit
A.
The subject has 210 feet of roadway frontage on Broadway Road, a NCDOT maintained
public street. The 2007 Lee County Comprehensive Plan references Broadway Road as an existing
boulevard needing improvement. There are plans to widen it and staff has referred the property owner
to DOT for specifics on project timing. The owner confirmed that she has received correspondence
from DOT and if the rezoning is approved, she plans to install all site improvements in a manner that
takes the future roadway expansion into consideration.
The NCDOT 2012 Traffic Study reports 14,000 vehicle trips per day on Broadway Road in
the area of the subject rezoning. There is a center turn lane in front of the subject property to assist
with traffic flowing on and off this roadway in a safe manner.
The subject property does not appear to be located in a watershed district, flood hazard area,
Highway 421 Bypass or designated local historic district. If rezoned, all of the uses permitted in the
O&I district would be allowed and any future development or redevelopment of the subject property
will be required to meet current development standards of the UDO.
The 2020 Land Use Plan does not identify a specific land use for the subject property;
therefore, when considering the zoning of this property, current development trends and surrounding
zoning of the neighborhood should be considered.
Planning Department Staff recommends that Council and Planning Board support this
rezoning request as it appears to be reasonable and in the public interest based on the existing
development in the area with a mix of uses that includes non-residential development (churches,
daycare, vegetable stand), its location along a busy street which serves as a main connector between
the City and Broadway, and the availability of public water. It should also be noted that information
provided at the public hearing may provide additional information that should be considered
regarding a final decision on the rezoning request.
Mayor Mann opened the public hearing.
Kim Michael of 391 Carolina Way, Sanford (the owner of the subject property), explained
she
is a licensed cosmetologist and instructor at CCCC. She has found there to be a lack of local
that
salons which could accommodate her schedule and purchased the subject property in hopes of
creating up to four full-time and part-time jobs.
15
City Council Meeting
December 16, 2014
No one spoke in opposition to the subject request. Mayor Mann closed the public hearing.
Application by Elite Storage, LLC (Exhibit B)
Design Review Coordinator Amy McNeill explained that a request had been received to
rezone a 2.16 acre tract of land on Woodland Avenue (addressed as 2203 and 2205 Woodland
Avenue) from Woodland Storage Conditional Zoning District (Revision #1) to Woodland Storage
Conditional Zoning District (Revision #2) to allow for the development of a mini-warehouse storage
business with revisions to the design as previously approved in December of 2013.
—
In November of 2014, with a portion of the site still under construction, Mr. Kirk Bradley of
Elite Storage, submitted a rezoning request to alter components of the approved site plan associated
with this conditional zoning district. Since the development of this site was approved to be a site plan
conditional zoning district, any and all changes to the site plan must be approved by Council.
The site is comprised of one legal lot totaling approximately 2.16 acres that is partially
developed with a mini-warehouse facility. There was previously a temporary modular office on the
northwestern corner of the site, which was removed. The site is served by public water and sewer.
The property adjoining the subject to the north is zoned Covington Place Elderly Housing
Conditional Zoning District and is approved for multi-family development. The property to the south
and east is zoned R-12 and is developed as Dalrymple Park. The property to the west (opposite
Woodland Avenue) is zoned Autumn Oak Conditional Zoning District and is developed as a multi
family apartment community. Another property to the west (opposite Woodland Avenue) is zoned
Residential-Mixed (R12) as is developed as Jonesboro Presbyterian Church.
Woodland Storage Conditional Zoning (District #1) is a Type 1 Conditional Zoning District,
which is a stand-alone district with its own unique conditions which is most suitable when the city’s
current zoning districts do not accommodate the desired uses and where the owner/developer has a
clear vision as to how the property is to be developed. As such, applications for a Type 1 district
require that a detailed site plan and architectural elevations be included and the information is legally
binding on the land; therefore, the site has to be developed as per the approved plans even if a property
transfer were to take place.
The following conditions are requested to be modified:
•
•
The brick wall proposed to be constructed at the front of the site between Woodland
Avenue and the new office and mini-warehouse combination building (shown as Building
4 on Exhibit B) is proposed to be eliminated. The applicant developer has indicated that
he feels that this is a redundant site feature since Building 4 will have a brick exterior
which will serve the same basic purpose as the brick wall and will also be brick in
appearance, though not quite as elaborate as the brick wall that is currently required. There
is an existing brick wall to the right of the main entrance which would essentially mirror
the brick wall that is currently required to the left of the entrance (architectural elevations,
site and elevation plans, photos and photo key are shown on Exhibit B).
The wood fence proposed to be constructed along the northern property line between the
new office and mini-warehouse combination building (Building 4) and the adjoining
property zoned Covington Place Elderly Housing Conditional Zoning District is proposed
3
City Council Meeting
December 16, 2014
to be eliminated. The applicant/developer has indicated that he feels this fence is not
needed for screening purposes since there will be a 20 foot landscape buffer installed
between the property line and Building 4 and it is not needed for security purposes since
the building will connect to the existing perimeter fencing.
All other conditions are proposed to remain the same as previously approved. As with the
original zoning of the site, the information submitted as part of this revised rezoning request is legally
binding on the land; therefore, the site has to be developed as per the approved plans even if a property
transfer were to take place. The conditional zoning process is a negotiated process and, as such,
Council and/or the Planning Board may request that certain conditions be considered or altered;
however, the petitioner must accept such conditions before inclusion in the conditional zoning district.
The 2020 Land Use Plan identifies the use for the subject property as mid/high density
residential-office. The purpose of this classification is to identify areas which are appropriate for
medium and high density residential development, including single-family, duplexes, and multi
family developments as well as office development.
Mayor Mann opened the public hearing.
Council Member Gaskins questioned whether there was a buffer requirement on the adjoining
tract owned by Covington Place in addition to the 20’ required buffer, which Ms. McNeill confirmed
was required, when and if the tract is developed. This tract was rezoned several years ago but has not
been developed to date. She also confirmed that that tract was conditionally zoned to include a buffer,
meaning there were be two buffers (back to back).
Council Member Wyhof questioned whether adjacent landowners were agreeable to removing
the fence requirement. Ms. McNeil! confirmed that they had been notified and were agreeable. Ms.
Wyhof also asked about the time frame for construction. A representative for the applicant/developer,
Kirk Bradley (President of Lee-Moore Capital Company, one of the owners/managers of Elite
Storage, LLC, whose office is located at 603 Carthage Street, Suite 120), stated that construction has
begun on Building 4. The pad is being poured, weather permitting. This project’s first three buildings
opened in December 2013 and is the second facility which they have constructed. Their other project
on Douglas Drive has just been completed. It is anticipated to take approximately four months,
depending on the weather. He noted that the brick wall and the side wall were remnants of the original
zoning applied for by Terry Stewart, the previous owner. When they purchased and modified the
facility, this issue was unfortunately not addressed. He also explained that due to the topography of
the site, the top of the wall is visible.
Bill Jones of 1810 Carbonton Road, Sanford, who is the Clerk of the Session of Jonesboro
Presbyterian Church, explained that construction at the site has progressed as proposed by Mr.
Bradley. He has also seen their facility on Douglas Drive and confirmed they had done a good job.
No one spoke in opposition to the project. Mayor Mann closed the public hearing.
4
17
City Council Meeting
December 16, 2014
Application by Ryder Downs, LLC (Exhibit C)
Design Review Coordinator Amy McNeill explained that an application has been received
from Ryder Downs, LLC, to rezone from MF-12 Multi-Family Residential Conditional Zoning
District to Ryder Downs Apartments & Lakeview Townhomes MF- 12 Multi-Family Residential
Conditional Zoning District (Revision #1). Basically this is a conditional zoning district approved in
2006 that the developer would now like to revise to allow for the development of a multi-family
apartment and townhome community with revisions to the design as previously approved in October
2006.
—
The subject property is located on the west side of Pendergrass Road, just north of the
intersection of Belford Drive and includes property formerly addressed as 1718 and 1726 Pendergrass
Road and currently is addressed as being located off of Ryder Lake Drive, Saddlebrook Drive and
Trotter Drive.
In October 2006, Council approved a rezoning request by Mr. Keith Phillips of Phillips
Management Group., Inc., to develop a multi-family apartment and townhome community on two
tracts of land off Pendergrass Road via the site plan specific conditional zoning process. The approval
was based on the rationale that the request appeared to be consistent with the spirit and intent of the
2020 Land Use Plan and that it was reasonable and in the public interest due to the availability of
public utilities and proximity of mixed density residential development, including multi-family along
Pendergrass Road.
In November of 2014, with the site still under construction, Mr. Keith Phillips of Ryder
Downs, LLC, submitted a rezoning request to alter components of the approved site plan associated
with this conditional zoning district. Since the development of the site was approved via site plan
specific conditional district, any and all changes to the site plan must be approved by Council.
The site consists of one tract of land comprising approximately 50 acres located off
Pendergrass Road. Adjoining property to the north is zoned Residential Restricted and is developed
with single-family homes. Adjoining property to the south is zoned Residential Restricted and is
developed with single-family homes or is zoned Multi-Family MF-12 and is either vacant or
developed as single-family homes within the Westfield Subdivision. Adjoining property to the west
is zoned Residential Restricted and Residential Agricultural and is either vacant or is developed with
single-family homes. Property to the east, opposite Pendergrass Road, is zoned Residential SingleFamily R-20 and Residential Restricted RR and is developed as a farm field or is zoned ResidentialMixed R-12 and is developed as Woodland Heights apartment community.
Ryder Downs and Lakeview Townhomes MF-12 Multi-Family Residential Conditional
Zoning District (Revision #1) is a Type 1 Conditional Zoning District, which is a stand-alone district
with its own unique conditions which is most suitable in situations where the city’s current zoning
districts do not accommodate the desired use and where the owner/developer has a clear vision as to
how the property is to be developed. As such, applications for a Type 1 district require that a detailed
site plan and architectural elevations be included and the information is legally binding on the land,
even in the event of a property transfer.
5
18
City Council Meeting
December 16, 2014
The following conditions were included within the written narrative as part of the original
2006 rezoning application and are requested to be modified at this time:
•
•
•
•
The decorative acorn light fixtures on site at the main entrance and for the townhome
portion of the development would remain stylistically the same as originally proposed, but
the maximum height allowed for the parking area light fixtures would be increased from
14 feet to 16 feet since this is the Duke Energy standard. (The site lighting for the
apartments was approved as decorative acorn fixtures not to exceed 18 feet in height.)
The existing white three rail fence that was originally proposed to remain in place as an
aesthetic feature is proposed to be replaced with a brown vinyl clad three rail fence. This
will still provide an appealing feature but will allow the owner/developer to update the
color scheme. (The site was formerly a horse farm and that fence is a remnant from that
era.)
All of the porch railings were originally to be clad in white vinyl. The owner/developer is
now proposing to use galvanized steel porch railings finished in satin black or powdered
bronze. This would allow the owner/developer to update the color scheme in a manner
that would have a nicer look for a longer period of time.
The developer is requesting to eliminate the use of white as a color requirement on the
buildings and/or other improvements. This would allow the developer to update the color
scheme in a manner he feels would have a better overall appearance. The original approval
stated that the exterior of the buildings will have a “consistent design of size, massing,
material and colors to provide a defined community”; however; the use of white as being
specifically required for any item other than the porch railings is not mentioned. The
conceptual architectural elevations do show white trim on the buildings and it appears that
the developer is clarifying that he does not have to use white as a building color since he
is also proposing several other changes.
All other conditions are proposed to remain the same on the site as previously approved. As
with the original rezoning of the site, the information submitted as part of this revised zoning request
are legally binding on the land; therefore, the site has to be developed as per the approved plans. The
conditional zoning process is a negotiated zoning process and, as such, Council and/or the Planning
Board may request that certain conditions be considered or altered; however, the petitioner must
accept such conditions before inclusion in the conditional zoning district.
Mayor Mann opened the public hearing.
Attorney Patterson asked for clarification regarding the 2020 Land Use Plan; whether the
revisions are in conformity with the 2020 Land Use Plan since they are cosmetic. Ms. McNeill replied
there are no staff recommendations included in the staff report since the rezoning request is simply to
modify the existing conditions that have been placed on a site plan specific conditional zoning district
for which the land use has been previously approved. Staff recommendations typically address the
land use in relation to the 2020 Land Use Plan and compliance with the UDO design standards as
opposed to specific details created by the applicant. Since the land use is going to be the same multi
family project, it would be consistent with what was approved in the past.
6
City Council Meeting
December 16, 2014
Attorney Eddie Winstead, representing Ryder Downs LLC, spoke in favor. This project
originally started when conditional zoning was granted in 2006. This request by Ryder Downs best
characterizes that their taste in the color palate has changed in the last eight years. The original plans
shown in the renderings had a lot of white trim, white fencing, and white railing. In order to update
the look and make it more compliant with what they are trying to do with the project, they are looking
at some more buffs, tans, off-whites- some muted, more natural colors and darker browns for trim,
and going from a vinyl-clad type of railing to a powder-coat metal type railing, which will maintain
its appearance for a longer length of time. It comes down to an aesthetic question of updating the
color scheme with the one exception of Duke Power’s change from the 14 foot to 16 foot lighting.
They are just asking to update the color palate.
No one spoke in opposition to the project. Mayor Mann closed the public hearing.
The Planning Board retired to the West End Conference Room.
REGULAR AGENDA
Consider Renewal of Taxicab Operator’s License (Exhibit D)
Detective Sergeant Vinnie Frazier explained that three taxicab companies have submitted
applications to renew their operator’s license for the upcoming year. Fleming Transportation has
requested to operate the following three companies: Service Cab, American Yellow Cab and Pronto
Taxi. All are owned and operated by Lois Fleming and the business is located at 307 South Gulf
Street.
—
Service Cab has requested to operate five taxicabs; currently only one is in use and it passed
inspection. Vehicle colors are white with black lettering. American Yellow Cab has requested to
operate three taxicabs. Currently, no vehicles are in service at this time. Pronto Taxi has requested
to operate two taxicabs. Currently, two taxicabs are operational and passed inspection. The vehicle
colors are blue with black and white lettering.
A criminal background check has been completed on the owner, which complies with state
and federal law. No violations were found that would prevent the listed owner from being issued a
license to operate a taxicab company within the city limits.
Council Member Gaskins made the motion to approve the renewal of taxicab operator’s
license. Seconded by Council Member Wyhof, the motion carried unanimously.
Consider Resolution to Eradicate Bullying From U. S. Schools (Exhibit E)
Mayor Mann stated that this is something that came to his attention and he is asking for support
from Council to eradicate bullying from U. S. Schools. The U.S. Conference of Mayors (which the
City has joined) is in support of The Bully Project, which came from the bullying movie, and the
campaign has created unprecedented local and national civic call for action. It is to end bullying and
make our schools a safer place for all learners. He commented that he knows that no one is immune
to any form of bullying. We live in a different world today where children are exposed to all kinds
of pressure physical, mental, emotional, influx of social media, and electronic messaging make it
all too easy for children to be bullied or have harm done to them in a world that becomes easily
unattached and clinical. Mayor Mann asked Council to help him start by adopting this bullying
project and joining hands with the Lee County School Systems, to say that we support their policy
7
—
—
-
20
City Council Meeting
December 16, 2014
and let the community know that we do not want to be a place where bullying is being condoned. He
said if we support this, there will be a production or video, which we will participate in, and there will
be some community awareness events with the schools and a partnership with the City and the
schools. It is our way as a City to say we care. Community Development Manager Karen Kennedy
is working on this project for the City in conjunction with School Superintendent Dr. Bryan and his
staff.
Council Member Williams made the motion to adopt the resolution. Seconded by Council
Member Post, it carried unanimously.
Consider Consultant for EPA Brownfields Assessment Grant (Exhibit F)
Community Development Director Marshall Downey explained that the City was awarded a
Brownfield Grant Assessment in the amount of $200,000 in July 2014. Since that time, he has
attended a work session in Atlanta, Georgia to learn more about the project. In order to comply with
requirements for the grant, staff did an RFQ process to select a consultant. Through the RFQ process,
After review of the proposals, staff is recommending
staff looked at four different vendors.
Cardno/Duncklee & Dunham. This is the same group that conducted our 2007 grant; they have
experience and continuity with our previous work. The reason they sent out RFQs was to compare
and make sure we were given the level of service that we should be given. Staff felt comfortable that
the Cardno group was meeting that standard and were as equitable as anybody else. Consultant fees
are 100 percent reimbursable.
—
Attorney Patterson noticed that Exhibit C is not in the packet and will need to be added.
Exhibit C is the labor rating, expense charge sheet that shows what they charge for different things.
This contract is to be billed on the time and materials basis not to exceed $191,000, within the
budgeted amount. Council members noted several corrections that need to be made. Mr. Downey
acknowledged them and will have them corrected.
Council Member Gaskins made the motion to approve the agreement with Cardno/Duncklee
& Dunham with the minor grammatical/typo errors corrected. Seconded by Council Member Taylor,
the motion carried unanimously.
Consider Capital Project Ordinance Brownfield Assessment and Cleanup Project (Exhibit G)
This ordinance sets the $200,000 Brownfield Assessment Grant up on the books. Council
Member Gaskins made the motion to adopt the ordinance. Seconded by Council Member Wyhof,
the motion carried unanimously.
—
—
Consider Preliminary Assessment Resolution for Hawkins Avenue Sewer Line Extension (Exhibit
H)
City Engineer Paul Weeks stated that Council has already seen and approved this resolution
back in November. We had an administrative snafu where we accidently sent out the wrong
paperwork, so we missed the time frame. We are restarting the process and it is a preliminary
assessment resolution for the Hawkins Avenue Sewer Line Extension coming out of Hawkins Run
Subdivision. He explained the petition assessment process to Council. The resolution sets a date
of January 6, 2015 for the public hearing.
—
8
21
City Council Meeting
December 16, 2014
Council Member Post made the motion to adopt the preliminary assessment resolution.
Seconded by Council Member Buckels, the motion carried unanimously.
Consider Discussion on Whether to Request Legislature to Repeal the Law Making Elections Partisan
Mayor Mann stated that we are looking for a consensus from Council as to whether we want
to move forward with this issue. It has come to our attention from the school board that they are
interested in doing this request.
Council Member Gaskins said that he went before the State House and Senate and his
objections to this matter are still very much the same as they were before. He noted it is a waste of
money for the City. This past City election, we had four positions with only ten people who were
running and some of them had to be encouraged to do so. People sought them out to have them run.
It is a waste of money when there is no need.
Council Member Wyhof added that this last election is a perfect example in the mayoral race.
Both of the candidates were from the same party, and she did not think it served our democracy very
well for a municipal election that only a certain subset of our populous was actually able to vote on
the choice of who our mayor would be. She is in favor of returning it to a non-partisan election.
Mr. Gaskins stated that Sanford became the seventh out of 547 municipalities to become
partisan, so the precedent has been pretty well set that this is something that is not needed.
Council Member Taylor said that he has had a lot of discussion with both Democrats and
Republicans regarding this issue. Voter participation has been the highest it has ever been in the last
two elections, primarily, in the last election. He stated that we had challenged races which is great.
Speaking from experience, not having an opponent in a municipal election is very difficult. He had
rather have an opponent because at least you have debate and people know that you are running again.
He said that we say that we should be non-partisan but partisanship raises its head often times in our
meetings. Mr. Taylor said that he did not agree with two things that happened after this last Session
that went on in the Legislature. He did not like how fast they went down the paths, one was
environmentally, but also the second thing he noticed, although he votes conservatively, he does not
necessarily agree with what is going on in the local Republican Party. He wanted to make those two
clear distinctions.
Mr. Taylor said that he tries to represent everybody, no matter if you are Democratic or
Republican. He is not going to look at your party affiliation before he handles a call. He stated that
there are some on this Council that have blocked people from emails and Facebook; he has never
done that before and neither does he condone that behavior. We are here to represent all, not some.
He does not like how Legislature has moved in the past; however, how we conduct ourselves in a
meeting in attacking legislators and attacking the General Assembly did not go unnoticed in Raleigh.
With that said, they increased the super-majority of Republicans in the Legislature which causes a
concern from a local standpoint. He said he sent in a local bill to a local legislator that we have
attacked consistently during their tenure the last two years. Mr. Taylor said that we have been in
an attack mode with our legislators. He is concerned from our new representation going to Raleigh
of that type environment where we have been in an attack mode. He pointed out that Harnett County
had a hard time electing an Afro-American to that board. By court ruling, they have gone to partisan
elections for the Harnett County School Board.
9
—
22
City Council Meeting
December 16, 2014
Mr. Taylor noted that in 2011, we had Byron Buckels, Walter McNeil, and Ed Page in a race
together and Mr. Buckels dropped out of the race later. In 2007, we had the late Linwood Mann, Earl
Barker and Ervin Fox running for office. In that race, Linwood Mann received 102 votes; Earl Barker
who was a Republican received 97 votes, and Ervin Fox received 32 votes. So more people voted
against the person that won the election, than for him. In municipal races, the turnout is relatively
small but you have three to four candidates that could participate in this election and under the changes
recommended tonight, you are opening an opportunity for that to happen again. He stated that this
bill was created to stimulate more interest and involvement from voting citizens in more contested
races. The Council is the last line of defense for city citizens. He also expressed concern in sending
the resolution to Raleigh requesting change to an environment which we have been critical of in the
past.
Member Gaskins stated that he disagreed with Council Member Taylor’s explanation of the
motive for the change. He felt that former Commissioner Jim Womack, at the Senate Committee
meeting, clearly stated that he wanted former State Representative Mike Stone to push the law through
in order to clean out the people within his own party, not for the purposes suggested by Council
Member Taylor. Mr. Gaskins stated that his own margin of victory in the most recent election was
the lowest of any other candidate and that the purpose behind the primary actually helped the
Democratic Party. He still believes it is a waste of taxpayer money.
Mayor Mann noted that the issue appears to be whether “potholes and public safety” and
related issues need to be partisan issues. 547 local municipalities answered “no”, and 7 answered
“yes”. He continued to seek consensus from Council members to determine whether to move forward.
He agreed with Council Member Taylor that it would be up to our local representatives to determine
whether or not to take the issue to the State level but tonight they were seeking consensus whether to
move forward or not.
Council Member Haire noted that those who fund their own campaigns would much rather
run and pay once than twice.
Council Member Post stated that he was in favor of proceeding with the request to repeal.
Council Member Williams stated that he was also in favor of proceeding with requesting the
repeal, even though it may be a hard fight. He stated that if Council truly represents the people, we
should try to save taxpayer funds.
Mayor Mann noted that there now appeared to be a consensus to move forward on the issue
and that Council would proceed in January.
Consider Ordinance Amending the Annual Operating Budget (Exhibit I)
City Manager Hal Hegwer explained that the subject ordinance transfers funds from the Fund
Balance for potential legal expenses connected with the proposed location of the coal ash facility;
however, no funds would actually be used without approval from Council. It is a preliminary measure
only.
Council Member Post made a motion to approve the ordinance. Seconded by Council Member
Gaskins, the motion carried unanimously.
—
10
23
City Council Meeting
December 16, 2014
OTHER BUSINESS
Council Member Taylor stated that last week he learned about the meeting held recently at
City Hall regarding crime and expressed concern that not all Council Members were invited. He also
expressed regret about a serious traffic accident which occurred today on Highway 421 and
questioned whether we could petition DOT for mechanisms to reduce speeds in this location. He
expressed regret that he was not able to attend the City Employee Luncheon held today and thanked
all employees for their hard work. He stated concern that the catering was done by a company not
located in Sanford.
Council Member Williams stated that he enjoyed the banquet and enjoyed spending time with
so many city employees at one spot.
Council Member Gaskins stated that he also enjoyed the banquet and acknowledged Paul
Weeks’ five year anniversary.
Council Member Wyhof expressed that she also enjoyed the banquet and noted that it was a
testament to the employees and the job that everyone is doing to create a family atmosphere and a
place where people want to work. There are many employees who have been with the City for a long
time, resulting in a great amount of institutional knowledge.
Council Member Buckels stated that Sanford is experiencing growth and moving forward,
which sometimes brings snares and tragedies. The greatest tragedy is not working for improvement
of the community as a whole. He expressed his desire for healing the community and that Council
seek ways to improve relationships between the community and those sworn to protect it. Although
a great job is being done, there are still ways to improve.
City Manager Hegwer explained that Brailsford & Dunlavey has made contact regarding the
multi-sports community market analysis. He distributed information detailing the process and
identifying groups and participants who will be meeting in three separate groups to discuss moving
forward with the project; each group of six to twelve people will have a separate mission. He
summarized by stating that the participants of the Strategic Asset Value Group will include members
of the City Council, the Lee County Commissioners, from Broadway and Friends of the Park. This
group will make decisions regarding finances and philosophy (i.e., public vs. private funds, will it be
self-supported, etc.). Other focus groups, both athletic and non-athletic, will involve additional
participants. Mr. Hegwer requested that anyone interested in serving on this focus group or who wants
to be involved contact him. This process will hopefully begin in January.
Mayor Mann encouraged that anyone who is passionate about parks and recreation related
amenities please participate in this process.
City Manager Hegwer acknowledged the comments made regarding the 2014 Service Award
banquet held today. He noted that 53 employees (approximately 16% of the work force) received
awards for employment service of 5, 10, 15, 20, 25 and 30 year milestones. There were 12 who
received awards for 5 years of service; 20 for 10 years; 11 for 15 years; 5 for 20 years; 4 for 25; and
one for 30 years of service. These 53 employees have a total of 655 years of combined service, which
greatly assists in providing valuable service to the community.
11
24
City Council Meeting
December 16, 2014
He also noted that City Hall will be closed December 24, 25 and 26 (since Christmas falls on
a Thursday this year) and on January 1, 2015. He questioned whether the December 31 Law and
Finance Committee should be cancelled. The next City Council meeting is scheduled for January 6,
2015.
Council Member Gaskins requested clarification regarding the number of allowable
commission appointments. City Attorney Patterson explained that state law dictates that members can
have one elected and one appointed position, or two appointed positions. This does not include serving
by virtue of your office (i.e., a Board or Commission which requires that the Mayor serve) nor does
it include serving as Liaison, which only requires communicating actions of a board back to Council
and as a non-voting member.
Council Member Williams express interest in serving on this Board and stated that Parks and
Recreation Director John Payne should also serve. Attorney Patterson noted that the initial meeting
will be a focus group, not a committee or commission, similar to the visioning process used several
years ago. Manager Hegwer stated that Mr. Payne assisted in compiling the list and now feedback is
being sought from other participants. There may be positions for three Council members to serve.
More will be known about the process after additional input is received from the County.
Mayor Mann remarked on the large number of employees who earned award certificates at
today’s banquet and congratulated them. He also noted that the recent Lee County Safe Act meeting
was led by the Assistant US Attorney and the District Attorney; the City only provided the venue. He
will share information on this project as it becomes available. He also acknowledged the success of
the recent Sanford Christmas parade and suggested the possibility of involving DSI (Downtown
Sanford) next year. Holding the parade and tree lighting downtown with more businesses participating
and remaining open could allow for a larger event. He commented that this year’s parade was very
well attended.
He also congratulated the local community for pulling together in light of recent events rather
than dividing during a difficult period. We will be a stronger community for this effort.
Council Member Williams asked about the status of the bonds. Mayor Mann explained that
bonds were presented to Fitch, to Moody’s and to Standard and Poor’s (the three major bond rating
agencies) at the recent trip to New York City. He acknowledged the great job done by staff in
preparing the presentation. There was no negative feedback received from the agencies, which were
aware of many local developments, including the Chatham Park project. They were also interested in
our retail and commercial growth projections, as well as nearby Fayetteville/Fort Bragg and how parts
of the Research Triangle Park work together. They noted the recent groundbreaking of the Autumn
Wood signature neighborhood on Cool Springs Road. More information on the bonds will be
available in the coming weeks. Another follow-up meeting will be held on December 17.
Finance Director Beth Kelley explained that she is still answering questions from the three
rating agencies as they review information provided to them. A call is scheduled with the LGC and
financial advisors for December 17. The plan remains on schedule to issue $8.5 million in bonds
around January 15, 2015. The goal is to have a better idea of the indicative ratings by December 30.
Manager Hegwer stated that ratings were available for the revenue bonds from Fitch and from
Moody’s.
12
25
City Council Meeting
December 16, 2014
Council Member Williams asked whether an additional trip to the bond market would be
required for implementing the other bonds. Manager Hegwer explained that we would go back to the
market but since we would already have a rating, an additional visit will not be required. Director
Kelly stated that an update or review would be presented of our most recent financial status, budget
and financial policies and procedures set by Council and management. Mr. Hegwer noted that a visit
is typically made only when bonds are being issued for the first time in many years, which was our
case. This was our first general obligation debt issuance tied to the general fund and non-enterprise
fund operations. Everything we have issued in the past has been in utility fund debt; this is the first
time it was general obligation with the general fund. He noted that the City has taken on debt very
slowly, doing projects without going through the borrowing process. This current project will result
in a product on the ground for the citizens to enjoy for many years without completing it in increments.
The rating agencies don’t typically see examples of this type of conservative approach, which puts us
in a good position.
Council Member Williams asked about the ordinance requirement that our fund balance will
not drop below a specified amount. Ms. Kelly noted that all three of the ratings agencies requested
copies of this documentation. They also asked about our investment policies, budget processes and
other overall financial policies which give us the ability to use fund balance for one-time purchases
and not to fund them from operating expenses. This information illustrates the City’s governing and
financial policies. She also noted that she had received a phone call from a partner of First Southwest,
our financial advisor, who complemented Mayor Mann on his presentation skills.
Mayor Mann wished everyone a Merry Christmas.
ADJOURNMENT
Council Member Gaskins made the motion to adjourn the meeting; seconded by Council
Member Taylor, the motion carried unanimously.
Respectfully Submitted,
T. CHET MANN, MAYOR
ATTEST:
BONNIE DAVIS, CITY CLERK
13
26
MINUTES OF MEETING OF THE
CITY COUNCIL OF THE CITY OF SANFORD
SANFORD, NORTH CAROLINA
The City Council met at the Sanford Municipal Center, 225 E. Weatherspoon Street, on
Tuesday, January 6, 2015, at 7 P.M., in the Council Chambers. The following people were present:
Mayor T. Chet Mann
Council Member Byron Buckels
Council Member Jimmy Haire
Council Member Charles Taylor
City Attorney Susan Patterson
City Manager Hal Hegwer
Mayor Pro Tern James Williams
Council Member Sam Gaskins
Council Member Norman Charles Post, III
Council Member Rebecca Wyhof
City Clerk Bonnie Davis
Mayor Mann called the meeting to order and delivered the invocation.
Allegiance was recited.
The Pledge of
PUBLIC COMMENT
There was no public comment.
APPROVAL OF AGENDA
Mayor Mann requested to add an item to the Special Agenda a Proclamation Recognizing
the Sanford Police Department for Law Enforcement Appreciation Day.
—
Council Member Gaskins made the motion to approve the agenda as amended. Seconded by
Council Member Post, the motion carried unanimously.
SPECIAL AGENDA
Proclamation Recognizing the Sanford Police Department for Law Enforcement Appreciation Day
(Exhibit A)
Mayor Mann read a proclamation thanking the members of the Sanford Police Department for
their faithful and loyal devotion to the City and for the job they perform every day to protect the
citizens of Sanford and also recognizing January 9, 2015 as National Law Enforcement Appreciation
Day.
—
CASE FOR PUBLIC HEARING
Public Hearing on Hawkins Avenue 8-Inch Sewerline Extension
City Engineer Paul Weeks stated that this petition assessment involves six properties and four
owners and we have received 100 percent participation. After the public hearing tonight, staff will
bring back to Council, at its next meeting, a resolution directing staff to begin the project and also a
budget amendment to start work at the next Council meeting.
Mayor Mann opened the public hearing. No one spoke in favor or in opposition. The public
hearing was closed.
27
City Council Meeting
January 6, 2015
DECISIONS ON PUBLIC HEARINGS
Application by Kimcuc (Kim) Thi Michael to rezone a 1.0 acre +7- tract of land addressed as 1100
Broadway Road, from Residential Single-family (R-20) to Office & Institutional (O&I) Zoning
District. The property is the same as depicted on Lee County Tax Map 9662.03 as Tax Parcel 966203-7479-00 Lee County Land Records. (Exhibit B)
Community Development Director Marshall Downey explained that the Planning Board met
after the public hearing in December and recommended that the property located at 1100 Broadway
Road be considered for rezoning from Residential Single-family (R-20) to Office & Institutional
(O&I) Zoning District. Mr. Downey stated that in making this decision, the City Council hereby finds
that the proposed ordinance is consistent with the 2020 Land Use Plan because, even though the plan
does not identify a specific land use for the subject property, the current development trends of the
neighborhood and the surrounding zoning districts are taken into consideration. Further, the board
finds that the request is reasonable and in the public interest because of the mix of uses in the area,
which includes existing non-residential development (church, daycare and a vegetable stand), the
location along a busy street which serves as a main connector between Sanford and the Town of
Broadway and the availability of public water.
-
—
Consider Ordinance Amending the Official Zoning Map of the City of Sanford, North
Carolina (Exhibit C)
Council Member Wyhof made the motion to approve this rezoning request. Seconded by
Council Member Williams, the motion carried unanimously
•
—
Application by Elite Storage. LLC to rezone a 2.16 acre tract of land addressed as 2203 and 2205
Woodland Avenue from Woodland Storage Conditional Zoning District (Revision #1) to Woodland
Storage Conditional Zoning District (Revision #2) to allow for the development of a mini-warehouse
storage business with revisions to the design as previously approved in December of 2013. The
property is the same as depicted on Lee County Tax Map 9652.18 as Tax Parcel 9652-31-5835-00
Lee County Land Records.- (Exhibit D)
-
Community Development Director Marshall Downey explained that this is a request to modify
the previously approved Woodland Avenue Storage Conditional Zoning District, which involves the
removal of the proposed brick wall and the elimination of a wood fence along the side of the property
which served as a buffer. The Planning Board met after the public hearing in December and
unanimously recommended that Council consider accepting this modification to the conditional
zoning district. The 2020 Land Use Plan identifies the use of the property as mid to high-density
residential office, which also identifies it as appropriate for medium and high-density residential
development, including single-family, duplexes, and multi-family as well as office development.
•
Consider Ordinance Amending the Official Zoning Map of the City of Sanford, North
Carolina (Exhibit E)
Council Member Wyhof made the motion to approve the rezoning. Seconded by Council
Member Gaskins, the motion carried unanimously.
—
Application by Ryder Downs. LLC to rezone 50.11 acres from the current zoning of MF-12 Multi
family Residential Conditional Zoning District to Ryder Downs Apartments & Lakeview Townhornes
MF-12 Multi-family Residential Conditional Zoning District (Revision #1) to allow for the
development of a multi-family apartment and townhome community with revisions to the design as
2
-
28
City Council Meeting
January 6, 2015
previously approved in October of 2006. The subject property is located along the west side of
Pendergrass Road, just north of the intersection of Belford Drive and includes property formerly
addressed as 1718 and 1726 Pendergrass Road and currently addressed as 500-583 Ryder Lake Drive,
100-328 Saddlebrook Drive and 400-478 Trotter Drive. The subject property is the same as depicted
on Tax Map 9631.01, Tax Parcel 963 1-36-3857-00, Lee County Land Records Office.- (Exhibit F)
Community Development Director Marshall Downey explained that this is a request to modify
the previously approved MF-12 Multi-family Residential Conditional Zoning District to Ryder
Downs Apartments & Lakeview Townhomes MF- 12 Multi-family Residential Conditional Zoning
District (Revision #1) to allow for the development of a multi-family apartment and townhome
community with revisions to the design as previously approved in October of 2006. He referred to
Exhibit F that lists the revisions to the design elements of the project. The Planning Board met after
the public hearing in December and unanimously recommended that Council consider accepting the
modifications to the conditional zoning district. In making this decision, the ordinance is consistent
with the 2020 Land Use Plan, because (even though the plan does not identify a specific use for the
property) the original 2006 rezoning approval, current development trends of the neighborhood and
the surrounding zoning districts were taken into consideration. Further, the board finds that the
rezoning request is reasonable and in the best public interest based on the informationlconditions as
presented in the petition and attachments.
•
Consider Ordinance Amending the Official Zoning Map of the City of Sanford. North
Carolina (Exhibit G)
Council Member Gaskins made the motion to approve the Ordinance Amending the Official
Zoning Map of the City of Sanford, North Carolina. Seconded by Council Member Post, the
motion carried unanimously.
—
REGULAR AGENDA
Consider Resolution of the City Council of the City of Sanford. North Carolina Providing for the
Issuance of $8,500,000 General Obligation Public Improvement Bonds, Series 2015 of the City of
Sanford, North Carolina (Exhibit H)
Financial Services Director Beth Kelly advised that this is Council’s authorization to issue
$8,500,000 in General Obligation Bonds for the sidewalk and streetscape projects.
—
Council Member Haire made the motion to approve the Resolution of the City Council of the
City of Sanford, North Carolina, Providing for the Issuance of $8,500,000 General Obligation Public
Improvement Bonds, Series 2015 of the City of Sanford, North Carolina. Seconded by Council
Member Buckels, the motion carried unanimously.
Consider Ordinance Amending the Annual Operating Budget for the City of Sanford Fiscal Year
2014-2015 (Exhibit I)
Financial Services Director Beth Kelly advised that this ordinance amends the budget to
appropriate fund balance in the amount of $15,000 to the Fire Department budget for repair to the
engine on the first-run pumper at Fire Station #3.
—
Council Member Post made the motion to approve the Ordinance Amending the Annual
Operating Budget for the City of Sanford Fiscal Year 2014-2015. Seconded by Council Member
Gaskins, the motion carried unanimously.
3
29
City Council Meeting
January 6, 2015
Consider Appointment to the Sanford/Lee County Partnership for Prosperity (Exhibit J)
Mayor Mann said that the SLCPP asked that we elect a council member to the SLCPP and we
have two council members who have applied and we have a private citizen who has applied. Attorney
Patterson stated that we should probably elect the person to fill the elected official’s position first.
The second appointment can be an elected official or an individual.
—
Council Member Haire asked how long is the term? Attorney Patterson replied that the by
laws state it is a three-year term but it also says that if your election comes during that time, then the
appointing authority (which is this Council) would select a replacement for the remainder of that term.
Technically, if the SLCPP had been in existence when you went into office, you would have taken
office in December, but you will take office at the first meeting after this appointment.
Mayor Mann stated that the bylaws read two members appointed by the City Council of the
City of Sanford with at least one appointee being an elected official of the City, with the
recommendation that the mayor be the elected official member.
Council Member Williams clarified that the mayor and a council member can be appointed.
Attorney Patterson replied yes.
Council Member Taylor stated that on December 16, we honored a group from the Citizens
Academy and part of that initiative was to get people involved in citizen government. He felt it flies
in the face of the citizens when we potentially look at appointing two City Council Members to a
board that is requesting one elected official and one citizen. He said that he did not have a problem
with Mr. Mann or Mr. Gaskins serving on the board; however, he has a problem with asking citizens
to get involved and we are doing things to enable citizens to get involved and we turn around and
appoint two elected officials on a board that you want diverse and with citizen input. He was very
concerned about this aspect.
Council Member Post nominated Mayor Chet Mann for the elected official appointment on
the Sanford/Lee County Partnership for Prosperity (SLCPP). He said that Mayor Mann and Council
Member Gaskins have been a part of the Sanford/Lee County Partnership for Prosperity from its
inception and have been working on it for the past year to get it started, and now since it is up and
running, they both deserve to be on this board as they have put a lot of time and effort in it.
Council Member Gaskins made the motion to close the nominations and appoint Mayor Mann
by acclamation. Seconded by Council Member Taylor, the motion carried unanimously.
Mayor Mann opened the floor for nominations for the second appointment. There are two
applications for the position: Sam Gaskins and Steve Malloy.
Council Member Post nominated Council Member Sam Gaskins. Council Member Taylor
nominated Steve Malloy. Council Member Post made the motion to close the nominations. Council
Member Wyhof seconded the motion and it carried unanimously.
Council Members Buckels, Post, Wyhof, Haire, Gaskins. and Williams voted for Sam
Gaskins. Council Member Taylor voted for Steve Malloy; therefore, Mr. Gaskins was the second
appointment to the SLCPP.
4
30
City Council Meeting
January 6, 2015
Council Member Haire asked if Mr. Malloy’s name will go into a pool where he can be
considered as at-large. Attorney Patterson stated that the way the SLCPP is set up they have different
ways people are appointed to the Board of Directors from different groups and he can be considered
by anybody else by applying for their nomination. Also, the City Clerk keeps applications on file
for other board openings and we have about six openings on other boards at this time.
OTHER BUSINESS
Council Member Buckels said that he felt we had a very productive year in 2014 and he looks
forward to 2015 to continue to work with Council to expand and grow our community.
Council Member Gaskins saw an article on the graduates of CCCC’s Police Academy for
basic law enforcement and asked if any of those were going to be working with us. Mr. Hegwer said
that we have some that are interested and one in the process.
Council Member Williams wished everyone a Happy New Year in 2015. He hoped everyone
was rejuvenated as we enter a new year and begin work on the bond projects and other matters.
Mayor Mann thanked Council and staff for the work session tonight on the bids received for
the sidewalk and streetscape bond projects. It was very productive and he looks forward to what
Sanford is about to become.
Mayor Mann reminded everyone that there will be a Strategic Asset Value Workshop on
Friday, January 30 at 9 A.M., regarding the proposed multi-sports complex.
Mayor Mann received an email from Chairperson Carol Carlson, on behalf of the Downtown
Sanford Inc., thanking Police Major Jamie Thomas, for the quick response and strategies discussed
in November, which demonstrates the commitment of the City to downtown business owners,
property owners and Downtown as a whole. They have already seen a dramatic decrease in loitering
and harassment of individuals at Depot Park.
The mobile unit located there received many
compliments from merchants of officers outreached to the many store fronts. They appreciate the
hard work and visibility of the Police Department.
Mayor Mann said he has received many compliments on City staff, General Services and
Public Works. People have been telling him that they like the fact that we have been responsive
cleaning up things and taking down Christmas decorations in a timely manner.
Mayor Mann wished Council Member Norman Charles Post III a Happy Birthday on
Wednesday.
Mayor Mann mentioned that he is looking forward to Council’s next annual retreat.
Representatives from Trail Life Scouts 919 from St. Andrews Presbyterian Church in Lemon
Springs was recognized in the audience.
5
31
City Council Meeting
January 6, 2015
ADJOURNMENT
Council Member Gaskins made the motion to adjourn the meeting; seconded by Council
Member Buckels, the motion carried unanimously.
Respectfully Submitted,
T. CHET MANN, MAYOR
ATTEST:
BONNIE DAVIS, CITY CLERK
6
32
SANFORD CITY COUNCIL
WORK SESSION
Tuesday, January 6, 2015
Sanford Municipal Building
5:00 P.M. in West End Conference Room
225 East Weatherspoon Street, Sanford, NC
The City Council held a work session on Tuesday, January 6, 2015, at 5:00 P.M. in the
West End Conference Room at City Hall in order to discuss bids received for the City of Sanford
Sidewalk and Streetscape projects. The following people were present:
Mayor T. Chet Mann
Council Member Byron Buckels
Council Member Jimmy Haire
Council Member Charles Taylor
City Manager Hal Hegwer
City Attorney Susan Patterson
Mayor Pro Tern James Williams
Council Member Sam Gaskins
Council Member Norman Charles Post, III
Council Member Rebecca Wyhof
City Clerk Bonnie Davis
Work Session
Mayor Chet Mann called the work session to order, welcomed Council Members, staff
and guests, and wished everyone a happy new year.
Mayor Mann updated Council on the recent trip to New York City. He, along with City
Manager Hal Hegwer, Financial Services Director Beth Kelly and Public Work Director Vic
Czar, made presentations to the three major credit rating agencies summarizing the City’s
financial status. Committee members from the agencies specialize in particular areas and were
very knowledgeable about our region, including the Chatham Park project and other regional
developments. Two of the three ratings have been received and the third is anticipated soon.
Financial Services Director Beth Kelly explained that we have requested three indicative
ratings, which is the same procedure followed with the Revenue bonds when the rating from
Moody and Fitch was accepted. It is anticipated that all three ratings will be comparable to those
for the Revenue bonds. Once the third rating is received, a decision of which to accept can be
made and disclosed. The rating cannot be disclosed until it is officially accepted. ‘When it is
accepted, a press release will be issued. She noted that the City’s financial status is reviewed
every two years by each rating agency.
City Manager Hal Hegwer stated that the press release will summarize the City’s
financial status, including areas seen as strengths and weaknesses, along with an analysis of
revenue and debt. This information will be shared with Council when it is received. Mayor Mann
confirmed that another trip would not be necessary to complete the bond project.
Mrs. Kelly informed Council that the bonds will be sold on January 21, the sale will close
on February 12 and funds should be in our account on February 13.
1
33
City Council Work Session
January 6, 2015
Mayor Mann stated that these ratings enable us to obtain the best interest rate and that
minor differences are not a problem. He anticipates that we will receive favorable ratings.
He confirmed that there were inquiries into our political climate, along with many other
factors. The emphasis, however, appears to be on the finances. He acknowledged the time and
effort involved in compiling the material by Mrs. Kelly and her department. Her presentations to
the agencies were quite comprehensive.
Mr. Hegwer explained that there were specific discussions of local industry,
unemployment rates and contributing factors, as well as the forecast for changes. He stated that
the $8.5 million should be available in early February, after the Local Government Commission
(“LGC”) sells the bonds. This is done by competitive bidding and does not involve the City.
Once the bid winner is announced, investors can contact financial advisors in order to purchase
bonds, which are often purchased by members of the community as a source of pride, as well as
serving as a good investment. Oversight by the LGC is recognized by the market as an additional
level of security.
City Engineer Paul Weeks began the presentation on the Sidewalk and Streetscape
projects by explaining that it would include analysis of the following: (1) intent; (2) project
areas; (3) costs; (4) schedule; and (5) Council guidance. He presented a map (included in the
attached Exhibit) showing existing and proposed sidewalks and the existing and proposed
greenway system. The map shows the “backbone” which will allow movement from one point to
another and provide the desired connectivity.
Mr. Weeks identified the eleven sidewalk projects (also included in the attached Exhibit)
and noted that Projects 1 and 2 are both funded primarily by the North Carolina Department of
Transportation (“DOT”), which is supplying 80 percent of the funds; the City will provide the
remaining 20 percent. These segments provide access between downtown and Jonesboro.
Public Works Director Vic Czar explained that these eleven sidewalks were identified
through a pedestrian plan which was also partially funded by DOT. Public input was requested
and stakeholder meetings were held in order to identify and develop a priority listing of areas
lacking sidewalks. The intent was to develop a sidewalk “backbone” system with the possibility
of subsequently connecting to residential sections. Origin and termination points on either side of
the sidewalks have been established.
Mr. Weeks explained that Projects 3 11 are City projects which were offered for bids.
Due to the overall size of the project, it was broken into two bids which gave us the advantage of
large quantity and also split it between contractors, giving us a timing advantage. Six contractors
bid on one project with five bidding on both. The low bidder on both was Sandhills Contractors,
a local company, at a total price of Sl,471,901 .60, which was near engineers’ estimates. Mr.
Weeks noted that the revenue from the bonds and DOT grant total $2,280,672 while expenses
total $2,754,664, resulting in a shortfall of $473,992 on the sidewalk projects.
—
2
34
City Council Work Session
January 6, 2015
Regarding scheduling, Mr. Weeks explained that there is a tight timeline on Projects 1
and 2. Because they are funded by DOT, they must be completed prior to June 1. Funds have
been allocated and are available for the 20 percent match required from the City.
Regarding scheduling on Projects 3 11, bids have already been opened and can be held
until only until mid-February, after which time the bids can be pulled and rebidding would be
required. The original construction schedule calls for construction to begin in early March and to
be completed in October, in order to coincide with completion of the streetscape project, as well
as to avoid potential weather delays and to finish before the holiday season.
—
It was questioned why cost figures were not available on the time critical Projects 1 and
2. Mr. Weeks explained that DOT does not allow bidding until rights-of-way are cleared and
easements acquired. Easement acquisitions are in process with only two remaining. The time
constraint is that DOT funds must be paid out prior to June 30, meaning that the contractor must
be paid by the City and the request to DOT for reimbursement be submitted early enough to meet
this deadline.
Mr. Czar noted the concept behind the entire project is connectivity and that while
removing some components of the sidewalk project would indeed reduce the cost, vital
connectivity would be lost. The balance is to determine where cost can be reduced while
maintaining the structure for connectivity. It was noted that Lee Avenue and Woodland Avenue
run parallel to each other and removing one would still provide connectivity to Jonesboro.
Council Member Wyhof asked about the possibility of adding crosswalks on Homer
Boulevard due to the heavy traffic on this thoroughfare, which discourages pedestrians. Mr.
Weeks stated that two crosswalks will be added but they are not located on the southern end.
Pedestrian heads are scheduled for the Homer-Carthage and Homer-Wicker intersections. He
also noted that some pedestrian crosswalks are “protected” (i.e., pedestrians can cross while
vehicles making right-hand turns are instructed to yield to pedestrians), while traffic volume at
other crosswalks is low enough that traffic is stopped to allow pedestrian crossing.
Mr. Czar advised Council that on the two DOT projects, a decision whether or not to
proceed should be made immediately since time is of the essence; these projects have the 80
percent DOT funding commitment which also has a deadline. He also noted that if action is
taken immediately, these projects can be completed in this construction season.
Council Member Taylor stated that he had spoken with vendors in Gamer and other
cities who indicated they had projects which were not bid as “lump sum” in order to encourage
participation by smaller local companies which couldn’t handle large projects but could handle
portions of them. He noted that some companies which were competitive on the sidewalk project
did not submit a bid on the streetscape projects and questioned whether bundling the projects
together may have stifled local competition. The difference between the two lowest bidders on
the sidewalk project bids was more than $336,000 and he questioned whether the streetscape
bids would have been more competitive had the bids not been bundled.
3
35
City Council Work Session
January 6, 2015
Mr. Czar responded that while it is possible that splitting the projects would draw more
participants, it would not necessarily guarantee that the overall bid would be lower. There is
value in having a contractor who can handle the entire scale of the project. Another option, he
noted, would be to split the sidewalk and utility work, with the City acting as contractor;
however, this would require a great deal of coordination and he doesn’t recommend this. He also
noted that some smaller companies may unfortunately not have the resources to complete these
projects in the desired time frame, even if they were to be postponed; different companies are
just geared for different types of projects
Mr. Hegwer emphasized that it comes down to timing: if the goal is to have all projects
completed this year, splitting the bids would simply preclude it.
Mr. Weeks showed photos of Moore Street (from Carthage) before and after
enhancements (brick crosswalk, pergola with two swings and period lighting). He confirmed that
some parking will be lost on one side of Moore Street but some parallel parking spaces will
remain on both ends of the block. Photos of Steele Street (from Carthage) and of the WickerSteele intersection were also shown, before and after enhancements. Mr. Weeks explained that
bids include underground work for all utilities located in the alley, where several hanging power
lines, transformers and phone lines are currently located. Intersection improvements are also
included for new mast-arm overhanging lights at four intersections. The Steele-Wicker
intersection is being converted to a four-way stop.
Completing the conversion of Windstream and Duke Energy overhead lines to
underground lines on Charlotte, Chatham and Mclver Streets is also included in the bids, along
with streetscape sidewalk improvements for the front of Yarborough’s (on Mclver), to the corner
of Chatharn, and down Chatham to Maple Avenue. This spot was selected because Duke Power
is often unable to tenriinate at a specified point; some locations are not suitable. The best
termination point for both Windstrearn and Duke Power is on Maple Avenue.
Mr. Czar explained that the Windstrearn line by the railroad tracks (in front of Café 121,
down Mclver and Charlotte, on the grassy side) is included. It has been difficult in the past to
engage Windstrearn on this but now there is an opportunity. In connection with these new
projects, some smaller projects such as this can also be completed. He also explained that there
are some fairly high-level three-phase power lines in the alley by Yarborough’s, which required
adding it to the project because of the Duke termination point requirement. These lines are tied to
the portion of the project which included addition of the sidewalk, period lighting and trees on
two sides. Mr. Czar confirmed that some sidewalk patching will be likely, unfortunately, at some
previously streetscaped locations.
The Jonesboro project, from Homer Boulevard to Lee Avenue, including Trade Street
and a portion of Dalrymple Street, includes streetscaping on both sides, with the exception of
Dalryrnple having only one side done. Intersection improvements are included at Main Street
Lee Avenue and at Main Street-Dairymple.
Mr. Weeks informed Council that there were three bids on the Downtown Streetscape
project. Fred Smith Company is the apparent low bidder with a total bid of $4,746,856, which
4
36
City Council Work Session
January 6, 2015
included all three alternates. He discussed the alternates as follows and noted that they can be
removed:
•
•
•
Alternate #1 is for granite curb (illustrated bow-outs are shown as concrete) since
people tend to run up on curbs and granite is less damaging to wheels. Granite
curb at all radius and turns is included in Alternate #1.
Alternate #2 is for stamped sidewalk (colored asphalt which has been stamped to
simulate brick).
Alternate #3 is for electrical circuit underground to provide access to street
venders. A second circuit would be installed for tree lights. (Other streetscaped
locations have outlets for tree lights.)
Mr. Weeks explained that the Jonesboro project had four bidders, with Fred Smith
Company again having the low bid of $2,663,972.50, which included all three alternates. He
noted that Narron Contracting handled the Endor Furnace Trail project and used Fred Smith
Company as a subcontractor, so we are familiar with work by both of these companies. He also
discussed these alternates and noted that they can be removed.
•
•
•
Alternate #1 is for a clock and bench at the corner of Main-Trade.
Alternate #2 converts Trade Street to a one-way street from Main Street to
Fayetteville Street, which would result in eight additional parking spaces. There
are also engineering advantages, including elimination of the troublesome left
turn from Trade Street onto Main Street, which DOT officials enthusiastically
supports.
Alternate #3 is for resurfacing streets in the project.
Mr. Weeks summarized the presentation by stating that there is a total of $6.5 million
dollars available on the Streetscape project, with a cost of $5 million for Downtown (based on
consultants estimates) and $1.5 million for Jonesboro (based on 2009 bid prices of $1 million
and $500,000 rough estimate from Duke Energy for underground utilities). After adding design
and construction related expenses, the total is $6.1 million for the Downtown project and $3.7
million for Jonesboro, resulting in a total project shortfall of $3.3 million. There is a grand total
of $8,780.672 available for both projects ($2 million Sidewalk bonds, $280,672.00 DOT grant,
$6.5 million Streetscape bonds). Total expenses are $12,554,664 ($2,754,664 total sidewalk cost,
$9,800,000 total streetscape cost), resulting in a total shortfall of $3,773,992 for both the
Sidewalk and Streetscape projects.
Regarding scheduling, Mr. Weeks explained that bids have been opened and remain valid
until mid-February, after which time contractors can choose to pull their bid; rebidding would
then be required. If this occurs, the project will be delayed for another year since the construction
window will be missed. The original construction schedule calls for construction to begin in
March and for completion in November, in an attempt to avoid potential winter weather delays
and prior to the Thanksgiving and Christmas holiday season.
Options to be considered include: (1) increasing revenue; (2) modifying project limits
(i.e., do fewer improvements, such as removing the green boxes); (3) modifying intensity of
5
37
City Council Work Session
January 6, 2015
improvements (i.e., lower the level of improvements, such as removing brick band crosswalk,
resurfacing and granite curb); and (4) a combination of any or all of the above.
Mr. Weeks requested guidance from Council and stressed that the two projects funded by
DOT are extremely time-critical since funds are not available after June 30. He requested that
Council advise immediately whether to proceed with those projects. Next week, payments of
approximately $100,000 are scheduled for easements acquisitions on these projects; if the project
is not to proceed, these funds should not be spent. There was unanimous consensus from Council
to proceed at this time with Projects #1 (Homer) and #2 (Bragg-Nash).
There was discussion regarding removing the Woodland Avenue segment, since it closely
parallels Lee Avenue. The Woodland project could be completed at a later date, perhaps with
grant funding. Portions of Lee Avenue could also be removed in connection with removing
Woodland, which would further close the shortfall. Mr. Czar noted that there have been
discussions with DOT regarding possible funding for additional sidewalk projects.
Mr. Hegwer suggested that the shortfall on the sidewalk project could be closed without
seeking additional revenue if Council could come to a consensus on which portions could be
eliminated now and considered at a later time. Mayor Mann stated that connecting Downtown
Sanford to Jonesboro’s Main Street via Lee Avenue, would connect at a major intersection and
also offer more efficient access to Main Street than via Woodland Avenue, where the connecting
intersection is not as centrally located.
Mr. Czar and Mayor Mann agreed that there appeared to be a consensus to reduce the
scope of the sidewalk project in order to lower the project cost with no funding shortfall.
Removing the Woodland Avenue portion, including the portion from Woodland to Third Street,
would reduce the shortfall to the $50,000 range, which could be resolved.
There was additional discussion of staggering timing of the projects in order to encourage
more bidders. The goal appeared to be reducing the project cost without reducing the intensity.
The possibility was discussed of offering the contractors who did not bid on the streetscape
project another opportunity to do so. It was questioned whether $3.7 million should be spent on
improvements to Jonesboro; however, it was noted that the bond referendum was not split into
separate components for Downtown and Jonesboro so the project cannot and should not be
separated. It was also noted that the informational meeting held in Jonesboro prior to the
referendum was well attended.
Regarding the streetscape project, additional revenue sources were discussed, including
possible corporate sponsors. David Montgomery, of Downtown Sanford, Inc., explained that this
has been offered in the past but is a small portion of the project and may be more popular once
the project is underway. It was also noted that there have been several fundraising events
involving the private and business communities and perhaps this is not the time to proceed in this
direction.
There was additional discussion of the timeline for re-bidding the streetscape project for
construction at a later time. Since it is now known that the projects are over budget, perhaps
6
38
City Council Work Session
January 6, 2015
lower bids would be submitted. Underground utility installation was discussed, including the fact
that it would be much more costly if done in separate phases, as would other phases of the
projects. The option of eliminating resurfacing was discussed but it was noted that after other
improvements are completed, the overall appearance will be greatly compromised if streets are
not resurfaced. Another option discussed was relocating utilities underground on only one side of
the streets or streetscaping only one side now and doing the other sides later. While this will
indeed lower the culTent cost and improve cash flow, it will likely be much costlier in the long
run.
Reducing the area covered in the Jonesboro project was discussed. Concentrating on
Main Street and limiting the area or lowering the intensity were some of the options reviewed.
Since the goal is to create renewed interest and investment in the area, perhaps focusing on a
smaller area would ultimately produce a more impressive result and also reduce the overall cost.
In an attempt to summarize the discussion, Mr. Czar stated that consensus appears to be
to remove Trade Street from the Jonesboro project and concentrate on Main Street. There was
debate on whether to also remove the section from Homer to Dairymple but it was noted that this
is a major entry point. It was suggested that the following options be researched: (a) removing
the section from Homer to Dalrymple; (b) removing Trade Street; (c) abbreviating the overall
project area.
Alternates included in the bids on the downtown portion were discussed, specifically the
cost of $400,000 to provide electrical services for vendors. Mr. Czar explained this is a costly
component because the 220 circuit will provide major service and is not only to provide for
Christmas lighting. DSI Director Montgomery explained that the purpose is to encourage vendor
participation at major events, such as Arts & Vine Festival, by offering to them electrical service
rather than having them bring their own generators, which are quite noisy. The possibility of
concentrating this electrical service in one particular area was suggested.
Mr. Hegwer stated that more information will be gathered and presented to the Council at
a follow-up meeting, with the date and time to be announced.
The question was raised as to what sources of additional revenue were available to
complete the entire project without cutting any components. Financial Services Director Beth
Kelly explained that one option is installment purchase financing. A term of ten years on a $33.5 million loan would likely result in an annual debt service of approximately $400,000 year.
She noted that the term would be no more than ten years since the collateral is a project, not a
building. She explained that based on projections for the upcoming first bond issuance, just over
$1 million will be saved over the life of the 20 year bond. This is due to changes in interest rates
and the anticipated rating, assuming there are no changes in scheduling the second issuance
(noting that there is no way to anticipate the future interest rate on that). Mr. Hegwer stated that
since we had anticipated a debt service of approximately $950,000, if the final figures are in the
$700,000-$750,000 range, this will leave room for additional debt. There may be a way to try to
acquire additional revenue while maintaining the same anticipated debt service.
7
39
City Council Work Session
January 6, 2015
Council Member Haire emphasized that we are at a critical point and these projects are
potential game changers for our area. He reminded everyone that these projects have been
discussed for 50 years while other projects have taken priority over the years, among them
construction of City Hall, water and sewer projects and school projects. He stressed his opinion
that if the projects are to be done properly, the additional funds should be located so that they can
proceed now.
Mrs. Kelly advised Council that if re-bidding is pursued, there are additional LGC
compliance requirements. In order for her to pre-audit the construction contracts, the scope and
breakdown must be specified and funds appropriated prior to construction. She also stated that
the first bond issuance is anticipated to sell at a premium, resulting in additional cash which can
be applied to the projects. She reiterated that there is no way to forecast the interest rate on the
second bond issuance. Regarding the effect of the tax rate, she explained that applying the
savings of approximately $200,000 on debt service would still leave a shortage of approximately
$200,000, which would have to be taken from the Operating Fund; this would result in a little
less than a peimy on the tax rate. Mr. Hegwer suggested that if the project could be trimmed by
$100,000, that shortage could be reduced by half, to no more than $100,000.
Mr. Hegwer stated that the overall consensus appeared to be reducing the scope of the
Sidewalk project to bring it in line with available funds and to proceed with the DOT funded
projects. On the Downtown Streetscape project, the consensus appeared to be maintaining both
the scope and intensity. On the Jonesboro Streetscape project, consensus appeared to be
exploring the possibility of removing Trade Street and the portion from Main to Dairymple. The
cost savings for removing the Trade to Dalrymple portion and the Dairymple to Main portion
will be researched. The option of additionally closing the shortfall with savings from anticipated
debt service and installment loan proceeds will also be researched (rates and terms to be
determined).
Mayor Mama confirmed there were no additional questions or comments.
Adjournment
Council Member Sam Gaskins made the motion to recess the meeting until a time and
date to be determined. Seconded by Council Member Norman Charles Post, III, the motion
calTied unanimously.
Respectfully Submitted,
T. Chet Mann, Mayor
ATTEST:
Bonnie Davis, City Clerk
8
40
RESOLUTION DIRECTING THAT THE PROJECT BE UNDERATAKEN
HAWKINS AVENUE SEWER LINE EXTENSION
WHEREAS, on the 16th day of December, 2014, the City Council of the City of Sanford
adopted a Preliminary Assessment Resolution providing for the extension of the sewer system by
approximately 1,275 linear feet along Hawkins Avenue, to be financed by assessment of the total
cost against the benefited real property; and:
WHEREAS, the required public hearing has been held after due notice of the public and
owners
of the affected real property;
to the
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sanford
that:
1. The sewer system of the City shall be extended by constructing an 8” sewer line
approximately 1,275 linear feet along Hawkins Avenue, under and by virtue of
Article 10, Chapter 1 60A of the General Statutes of North Carolina and the procedure
therein established, and said project is hereby directed to be undertaken.
2. The total cost of said extension be hereafter assessed upon the benefited properties on
the basis of the number of lots served or subject to being served at the equal rate per
lot.
3. The assessments herein provided shall be payable within thirty (30) days after the
publication of the notice that the assessment roll has been confirmed. The owners of
assessed property may pay the assessment in full, or exercise the option of paying the
assessment in not more than ten (10) annual installments which shall bear interest at
the rate of eight percent (8%) per annum.
ADOPTED this
day of
,
2015.
T. CHET MANN, MAYOR
ATTEST:
BONNIE DAVIS, CITY CLERK
SUSAN PATTERSON, CITY ATTORNEY
AN ORDINANCE AMENDING THE ANNUAL OPERATING BUDGET
OF THE CITY OF SANFORD FY 2014-2015
BE IT ORDAINED by the City Council of the City of Sanford, North Carolina in regular session assembled.
Section 1: The following amounts are hereby amended to ordinance 2014-26 per G. S. 159-15 for the
continued operation of the City of Sanford, its government, and activities for the balance of the fiscal year 2014-2015.
GENERAL FUND
TRANSFER OF FUNDS
Transfer to the Following Accounts:
Transfer from the Following Accounts:
10016650 69900
Contingency
10014260 63300 Risk Management
3,520
Total Appropriation
$
3,520
Section 2. This ordinance shall be in full force and effective from and after the date of its adoption.
ADOPTED this, the 20th day of January, 2015.
T. Chet Mann, Mayor
ATTEST:
Bonnie Davis, City Clerk
Susan C. Patterson, City Attorney
3,520
42
2014-2015 BUDGET ORDINANCE AMENDMENT
GENERAL FUND
Transfer from the Following Funds
Risk Management
results in decreasing of budget
3520
Contingency
Transfer to the Following Funds
-
-
To transfer contingency funds required to offset expenditures
as described below
results in increasing of budget
3520
To budget funds for the purchase of two defibrillators
one for the police department and one for the public works
service center
-
43
JOINT RESOLUTION OF THE SANFORD CITY COUNCIL AN])
TIlE LEE COUNTY BOARD OF EDUCATION
REQUESTING REPEAL OF SESSION LAW 2013-220
AN]) RETURN THE METHOD OF ELECTION TO NON-PARTISAN
WHEREAS, historically elections for Mayor, members of the Sanford City Council, and the Lee County Board of
Education were on a non-partisan plurality basis; and
WHEREAS, without the request and approval of the affected governmental bodies, legislation was introduced and
adopted in the 2013 General Assembly to change the method of election to partisan effective June 27, 2013; and
WHEREAS, in order to provide for one or more partisan elections this legislation necessarily requires additional costs
to the City of Sanford taxpayers; and
WHEREAS, the Mayor, members of the Sanford City Council, and members of the Lee County Board of Education
feel strongly that Session Law 2013-220 is not in the best interest of our citizens, students, and public education and
should be repealed.
NOW, THEREFORE, be it resolved, that the Mayor, the Sanford City Council, and the Lee County Board of
Education respectfully request our legislative delegation in the next session of the North Carolina General Assembly
draft, introduce and support the necessary legislation to repeal Session Law 20 13-220 and restore the non-partisan
plurality method of elections in effect in Lee County priorto its passage.
Further, that a copy of this resolution be delivered to Senator Ronald J. Rabin, Representative Robert T. Reives, Ii, and
Representative Brad Salmon.
Adopted this the 13th day of January, 2015.
LEE COUNTY BOARD
F ED CATION
By()1’
,4/ynn H. Smith, Chairman
(1
Attest:
Andy Bryan, d.D/ecretary
Adopted this the ,_day of January, 2015.
CITY OF SANFORD
By:
T. Chet Mann, Mayor
Attest:
Bonnie Davis, City Clerk
-