Wendell News Outlet

Town of Wendell Board of Commissioners Retreat

March 19, 2008

NC League of Municipalities

Albert Coates Government Center, Raleigh

The Wendell Town Board of Commissioners held a retreat at the NC League of Municipalities Albert Coates Government Center in Raleigh on Wednesday, March 19, 2008 at 9:00 a.m. Mayor Pro Tem Bill Connolly opened the retreat and Mayor Harold Broadwell arrived soon thereafter. Also present were Commissioners Carol Hinnant, Ronald Thompson, Buddy Scarboro and Sid Baynes, Manager David Bone, Police Chief Joe Privette, Finance Director Butch Kay, Planning Director Teresa Piner, and Town Clerk Jonnie Driver.

Item 1 – Citizens Board Selection Process
Town Manager David Bone stated that the board had discussed with Interim Manager Wayne Deal a process for selection of advisory board members.
The following process was suggested by Mr. Deal:
1. Continue the current process of having individuals express interest in serving on boards.
2. Prior to appointments:
(a) Staff to provide list to board of those citizens who want to serve.
(b) Staff to provide information to board on current board members with information such as a map showing address of members of the board being considered.
(c) At work session, the board should discuss upcoming appointment and type of individuals needed to fill those positions.
3. At Board Meeting:
(a) Each board member nominates individuals to fill the vacant seats.
(b) Board votes on individual to fill the vacancies.
No action was ever taken on these suggestions.
For discussion purposes, the following procedures were offered by Town Manager David Bone as a starting point for the establishment of a citizen advisory board selection process;
1. The town clerk advertises opportunities for service at the beginning of each year or as necessary.
2. Interested parties fill out applications for nomination and return them to the town clerk.
3. The town clerk enters all application into a tracking table, which list the names of citizens and the boards for which they wish to apply. This document is an internal document used by the clerk’s staff for tracking purposes.
4. A letter is sent to applicants acknowledging receipt and thanking them for their application.
5. The town clerk fills-out the advisory board vacancies chart, which lists boards with opening and the schedule for consideration of appointment by the council. This chart is an internal document used by the clerk’s staff for tracking purposes.
6. Copies of application are filed in the folder of each board for which each person applied.
7. Nominations for a vacancy will be made at a Board of Commissioners Work Session
8. Applicants who are nominated will receive notification acknowledging their nomination. and noting an approximate schedule of appointments by the Board of Commissioners.
9. If the applicant is appoint, a letter is mailed to their residence.
10. For those applicants not chose, a letter is sent to them informing them that they were not chosen but that their application will remain on file for two years from the date of application unless they request that their application be removed from consideration.

It was suggested to add the following item to the application:
• Have you taken the opportunity to attend any previous Board meeting prior to the notice of this vacancy? No Yes

Commissioner Hinnant stated that it would be a good idea to discuss the appointments at the work session and the type of individuals that would be needed to fill those positions.

Commissioner Sid Baynes stated that he would like to see the advisory boards as part of the selection process.

Manager Bone suggested an additional alternative could be to have a committee to review the applications.
Commissioner Hinnant stated the committee was a good idea. The application process is not the problem. The problem is the selection process.

Commissioner Buddy Scarboro suggested the applicants have the opportunity to talk to the board and introduce themselves.

Commissioner Connolly made a suggestion to nominate at the work session and have discussion and vote at the regular session.

The Board of Commissioners directed the clerk to advertise for the vacancies and accept application until April 15, 2008. The applications are to be considered for nominations at the April 28, 2008 Work Session, and appointments are to be considered at the May 12, 2008 Board Meeting.

Item 2 – Board Rules of Procedure / Public Comment Rules

Mayor Harold Broadwell stated that the board needed to decide if they wanted to move from the Roberts’ Rule of Order to a more simple set of rules. The consensus was to move from Robert’s Rules of Order.

Manager David Bone stated that a draft copy of Town of Wendell Board of Commissioners Rules of procedure is in the background material for the retreat. Mr Bone stated that the draft document was created based on the Lee County Board of Commissioners Rules and Procedure and the Town of Farmville Rules of Procedure.

Mayor Harold Broadwell stated that he would like to have a section of definitions at the beginning.

Attorney Jim Cauley stated that Rule #1 thru Rule #8 are based on NC General Statutes, and the rules from Rule #14 forward are the true rules available for debate and revision.

Commissioner Bill Connolly stated that the reference to “holidays” in Rule #5, Regular Meetings, be changed to, “When the meeting is on a holiday, that the board will determine when the meeting will be”.

Manager David Bone asked the board how they felt about eliminating Rule #6 and having two regular board meetings per month instead of having a regular meeting and a work session. Making this change would allow the board to take action at both meetings without having to call a Special Called Meeting to take action.

Commissioner Bill Connolly stated he would prefer a work session, and he was willing to try it for six months.

Mayor Broadwell stated he would prefer two regular meetings rather that one regular meeting and one work session format.

The consensus of the board was two regular meetings.

Attorney Jim Cauley stated that he had some issues with being able to attend the second meeting, but if the board agreed, he could send one his associates in his stead. It was agreed for Attorney Jim Cauley and Town Manager David Bone to discuss options for having legal representation at the second board meeting.

Manager Bone stated that under Rule# 8, “Broadcasting and Recording of Meetings”, he had been in communication with Knightdale Manager Gary McConkey concerning the cost of the equipment required for broadcasting Wendell Board of Commissioner meetings. Mr. McConkey stated that there will be some grant money available to help with those costs. Commissioners stated that they would like Manager McConkey to
attend a Wendell Board of Commissioners meeting to talk to the board about the cost of broadcasting Wendell meetings.

Attorney Cauley stated that Rule #13, “Order of Business”, would require an ordinance change.

The board suggested under Rule #18, “Action by the Board”, to remove the need for a second to a motion.

Attorney Cauley stated that he preferred having a second to a motion, but he said he would defer to the board’s wishes.

The board requested that under Rule #22, “Debate”, Item #2 be deleted.

There were several other suggestions made by the commissioners for changes on the draft copy, and Manager Bone stated he would make those changes and submit a revised draft for the board to consider at a later date.

Item 3 – Review of Comprehensive Plan / Discussion about “Vision” for Wendell.

Mr. John Cock of the Lawrence Group reviewed the process taken in 2006 and 2007 in preparing the Comprehensive Plan.

Concerning a “vision” for Wendell, Mr. Cock stated that there were ten statements of general principles taken from the public input into the Comprehensive Plan that could be incorporated into a vision statement.
They are as follows:
1. Preserve the small town fill and historic character.
2. Increase downtown and in town retail.
3. Protect the downtown core.
4. Diversity and increased tax base.
5. Improve transportation.
6. Promote Wendell’s attractiveness.
7. Provide a range of housing opportunities.
8. Balance development rights.
9. Increase community amenities.
10. Ensure strategic location of public services.

Commissioner Hinnant stated that these ten things outline the vision for Wendell, but the “vision” needs to be reduced to a shorter statement.

Mayor Broadwell stated that the town needs a focal point. People need a place to meet and socialize. We need to grow from downtown.

Commissioner Baynes stated that the ten points needed to be condensed into one statement for the vision of Wendell.

The board recommended that the staff and the Lawrence Group work together to put the ten items into a vision statement and bring it back to the board.

Item 4 – Panel Discussion about Growth in Other Communities.

Diane Khin, Planning Director of Apex, spoke to the board concerning the growth issues that Apex has experienced. Mrs. Khin stated she was proud of their downtown. The town has had some issues with people trying to tear down buildings, but their downtown is thriving. Also, Ms. Khin stated that Apex’s downtown businesses have subsidized water and sewer fees to help draw businesses to the area. She stated that the town also has a downtown business committee. She stated that the town has a farmers market that the downtown businesses were responsible for starting without any assistance from the town.

Mr. Mitch Silver, Planning Director of the City of Raleigh, stated that Raleigh has promoted its downtown area by focusing on the experience one gets by living there. He stated that we city planners and officials need to learn about downtown development from developers like those who built North Hills. He also stated that housing choices and transportation were very important for downtown development. Mr. Silver also addressed issues with a large subdivision like Wakefield. He stated some of the problems are transportation, schools not being “neighborhood schools” as homeowners thought, not having as much mixed-use development as they should, and not having sidewalks on both sides of the street. Mr. Silver stated that with residential development, towns need to focus more on pedestrian corridors and less on thoroughfares. He stated that people want to walk.

Item 5 – Sustainable Development.

Planning Director Teresa Piner stated that several years ago, Wendell implemented a water and sewer policy. At the time, the majority of houses in Wendell were less than 1400 square feet. The first policy encouraged the building of houses containing at least 1400 square feet under roof (Type I). A later amendment to that policy encouraged homes to be built with 1400 heated square feet. Mrs. Piner further stated the majority of homes built in Wendell today are Type II (1400 to 1799 square feet) and Type III (over 1800 square feet). She asked the board, “Is it time to amend the policy and procedures in place? Should things other than the square footage of a residence be considered?”

A copy of “Sample Elements” considered in other municipal water allocation policies was given to the board for consideration.

Attorney Jim Cauley stated that the town was staying in line with other towns in their water and sewer allocation policies, but “You get what you require.”

Item 6 - Open Space Requirements

This item concerns two issues:
• Concern about homeowners associations – will maintenance of common areas by homeowners associations create a maintenance headache down the road, and if so, what can we do about it?
• Concern about the “payment in lieu” option.

Attorney Jim Cauley said if the question was whether the town could impose obligations on the homeowners association, then the answer is “yes”. However, he stated that there are some side issues that come up when obligations are placed on homeowners associations:
1. What degree of maintenance is required? When is there non-compliance?
2. What are the requirements? They must be included in the homeowners association document.

Commissioner Hinnant asked about the definition of “open space”. She stated that open space needs to be usable land. She further stated that small subdivisions with multiple phases and no open space should not be allowed.

Mayor Broadwell stated that Mr. Silver previously stated that the City of Raleigh had three types of open space: active, passive and environmental. He asked if Wendell has those three types.

Commissioner Hinnant stated that the town did not have to accept a piece of property for open space, but she felt that we need to change the formula for “in lieu of’ open space requirements.

The board asked for staff to rewrite Section “D” in the open space policy and look at other jurisdictions as to how they handle this issue.

Attorney Cauley stated if you revisit the dollar amount required for the “in lieu of” option, the town should make the computation for such a payment easily understandable and recognizable.

Commissioner Hinnant asked if the town could create a minimum “in lieu of” payment (such as $25,000).

Attorney Cauley stated he was not sure about that.

Item 7 – Legislative Update

Manager Bone stated that the board may want to consider a request for a local bill to allow the recognition of a two mile extraterritorial jurisdiction (ETJ) for the Town of Wendell. Acquiring the authority to recognize the two miles of ETJ would assist the town in gaining land use control between the contiguous corporate limits and satellite annexations such as Wendell Falls. Manager Bone stated that the town could request a
specific boundary for the ETJ extension (instead of a full two miles in all direction), and such a request could be less controversial.

Attorney Cauley suggested drawing out the map as to what is desired.

Manager Bone also discussed the Archer Lodge incorporation movement and how that could affect the future growth of Wendell towards the south into Johnston County. The board stated that it did not want to take a position on this matter.

Mayor Broadwell stated there was also an issue of school board elections, and the town needed to send a letter in opposition to protect our area. This item was to be placed on the agenda for the next work session.

Commissioner Hinnant stated that we also need to consider the possibility of some impact fees. She stated that most other towns are already charging those. It was discussed that only non-controversial bills can be discussed in the short session of the NC Legislature, which means that the impact fee issue is not something that can be brought forward in the 2008 legislative session.

Commissioner Connolly stated the Wake County Legislative Delegation has already unanimously asked for impact fees, but that they have received opposition in the past when the issue was discussed by the whole Legislature.

Item 8 – SUP Process / Quasi-Judicial Process / Standard (information discussed prior to meeting and at work session)

Attorney Jim Cauley stated the Special Use/Quasi-Judicial Process is different from the legislative decisions that the board of commissioners often make. He stated that there should be no lobbying concerning these matters, and the decision should be based on evidence heard only at the hearing.

Attorney Cauley further stated that he had three recommendations:
1. Discontinue the practice of discussing permits at the work session.
2. Revise Code 154.46 to be consistent with State Law.
3. Adopt a judicial demeanor. (Don’t let people outside the meeting influence the process.)

Commissioner Hinnant said, if possible, the town needs to put a time limit on when a SUP can be brought back to the board for action. She also stated that the town needs to define “substantial” in regards to the level of change that must be met before a SUP application is re-heard.

Attorney Cauley said that the town can continue to try to define “substantial”.

Item 9 – Promoting a thriving downtown area.

Planning Director Teresa Piner stated that staff had been working with engineers of McKim and Creed to survey and assess the need and cost of sidewalk improvements in the downtown area.

The following is a summary of the proposed project:
1. Project Description: The Project includes improvements to the sidewalk, street pavements, lighting, and electrical along Main Street from Wendell Boulevard to Second Street and some of the cross streets in between.
2. Engineering and Construction Cost Estimates:
Construction Cost - $240,000
Engineering Services (Per Proposal)
Detailed Design Phase -$37,000
Informal Bid and Award - $4,700
Construction Administration - $18,000
Construction Observation (20hrs/week) - $23,500.00
Record Drawings - $5,200
Total Estimated Project Cost (excludes Town’s administrative cost) - $328,400
3. Original Budget for Project Cost - $200,000
4. Priority and Planning Considerations
a. Phase the project construction to spread out cost
b. Be consistent with approved Comprehensive Plan (Lawrence Group
c. Church across from Hedrick looking at expansion options
d. New building at Hedrick Property
e. 3rd Street Connection to Wendell Falls
5. Funding Options:
a. Grants
i. USDA Rural Business Enterprise Grants (RBEG)
ii. NCDOT Community Development Block Grant (CDBG)
Third Street
b. Low-Interest Loans
c. Fund Balance
6. Main Street Enhancement Options
a. Restructure entrance at Wendell Boulevard End
b. Decorative Landscaping and Lighting
c. Reserve Angle Parking (possible trial run before implementation)

• The meeting was adjourned at 4:45 p.m.

_______________________________
Jonnie S. Driver, Town Clerk

_______________________________
J. Harold Broadwell, Mayor