Village Council Work Session Meeting Minutes

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Marvin Village Hall, 10006 Marvin School Road
Members Present:
  • Mayor Pollino, 
  • Mayor Pro Tempore Vandenberg, 
  • Councilman Baresich, 
  • Councilman Deatherage, 
  • Councilman Lein, 
  • Councilman Marcolese, 
  • and Councilman Wortman 
Staff Present:
  • Christina Amos, 
  • Austin W. Yow, 
  • Hunter Nestor, 
  • Jill Carilli, 
  • and Davy Broom 

Mayor Pro Tempore Vandenberg called the meeting to order at 9:02am and determined a quorum was present.

No council members participated remotely.

  • Remove Unfinished Business: "Discussion of Marvin Loop Trail Maintenance"
  • Add New Business: "Discussion and Consideration of Tipping Fee Adjustment Request from Active Waste Solutions"
  • Moved byCouncilman Lein

    To adopt the agenda as amended.

    Vote: Motion Passed Unanimously
  • Moved byCouncilman Deatherage

    To adopt the minutes from 7/9/24 (Regular) and 7/15/24 (Special) as presented.

    Vote: Motion Passed Unanimously

There were no presentations.

No report was given.

TIME STAMP 3:45

(See attached Item F2, which is included as a reference in these minutes.)

Austin Yow, Village Clerk & Assistant to the Manager, presented the draft list of communications for August 2024. Council reviewed the list and had no changes.

TIME STAMP 4:30

Mayor Pollino arrived at 9:04am.

Weddington Chase Rezoning

Hunter Nestor, Planning & Zoning Director, explained that staff is still conducting research on rezoning Phase 1 of Weddington Chase from SFR-3 to SFR-2. He stated that he would place the issue on the Planning Board's next agenda with the issue coming before Council for a public hearing in September.

Marvin Grove Phase II

Mr. Nestor stated that Zepsa Capital is still working on minor revisions to their rezoning proposal to for 9904 New Town Road, "Marvin Grove" Phase 2. He stated that once he receives their updated documents, that he will schedule small group meetings with council members.

No report was given.

TIME STAMP 13:05

Councilmembers Wortman and Marcolese staffed the previous Coffee with Council on Tuesday, July 23. They noted that no residents attended.

  • Moved byMayor Pro Tempore Vandenberg

    To adopt the consent agenda as presented.

    Vote: Motion Passed Unanimously

(See attached Item G1, which is included as a reference in these minutes.)

  • To Adopt the Ordinance Amending the General Fund Budget for Training Courses Overbudgeted as presented.

    An Ordinance Amending the General Fund Budget Ordinance

    Be it Ordained by the Village Council of the Village of Marvin, North Carolina that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2025:

    Section 1.  To amend the General Fund Budget appropriations as shown.

    TYPE

    BUDGET ACCOUNT

    AMENDMENT AMOUNT

    FROM

    TO

    Expense

    10. Training Courses

    ($7,680)

    $15,360

    $7,680

    Expense

    10. Contingency

    $7,680

    $50,000

    $57,680

    Reason:  1. To move extra budgeted funds from Training Courses to Contingency. 

    Section 2.  Copies of this budget amendment shall be furnished to the Clerk to the Governing Board, and to the Budget Officer and the Finance Officer for their direction.

    Adopted this 25th day of July 2024.


(See attached Item G2, which is included as a reference in these minutes.)

  • To Adopt the Ordinance Amending the Fund Balances for Streets and Powell Bill as presented.

    An Ordinance Revising the General Fund Budget Ordinance OR-2023-07-03

    Be it Ordained by the Village Council of the Village of Marvin, North Carolina that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2025:

    Section 1.  To amend the Assigned Fund Balance, the revenues and appropriations are to be changed as shown.

    TYPE

    BUDGET ACCOUNT

    AMENDMENT AMOUNT

    FROM

    TO

    Equity

    Fund Balance Restricted – Streets

    ($193,014)

    $278,128

    $85,114

    Equity

    Fund Balance Assigned – Streets

    $193,014

    $0

    $193,014

    Reason:  To revise the previous ordinance, where money was placed into Fund Balance Restricted for streets (Powell Bill funds) when it should have been allocated to Fund Balance Assigned to streets. This is to keep Powell Bill funds and other revenue separate for accounting and reporting purposes, while still allocating them to streets/road projects.

    Section 2.  Copies of this budget amendment shall be furnished to the Clerk to the Governing Board, and to the Budget Officer and the Finance Director for their direction.

    Adopted this 25th day of July 2024.


TIME STAMP 14:00

(See attached, Item H1, which is included as a reference in these minutes.)

Note: The Council requested that the following discussion be recorded in the minutes in greater detail than normal, as the discussion would establish precedent for future Council decisions.

Ms. Amos informed the Council that there have yet to be any lawsuits filed regarding the transfer of the easement for the Marvin Creek Connector Trail. She noted that options for the trail would be discussed in the next agenda item.

Mayor Pro Tempore Vandenberg noted that the Village hired a company to survey the original proposed trail route (referred to as Option 1) and that the Village had received a preliminary memo while waiting for a full report. She noted that the memo states that no aquatic features have been disturbed for the trail construction, no trees have been cleared in the buffer, and no built upon area had been added. She further noted that the memo states that activities-to-date require no mitigation.

Councilman Lein expressed concern regarding the precedent that would be established, should this Council return the trail easement. noted that this Council does not return easements, as that would set a harmful precedent going forward. Councilman Wortman did note that a previous Council returned a trail easement more than decade prior. He further noted that returning easements ties the hands of future councils, as their options for trail development would be limited. Councilman Wortman also noted that the Council did not return an easement to the Belle Grove neighborhood and chose not to build on it. Councilman Deatherage noted that the Village should not return as the easement, as once an easement has been transferred to the Village Government, that it becomes an asset belonging to all of Marvin, rather than just a single neighborhood. Mayor Pollino noted that it is important to consider the investment already made into this project, both actual costs and the investment of staff time.

The Council agreed by consensus to not return the easement for the Marvin Creek Connector Trail, as they believe that the easement transfer was legal per the opinions of the Village and Marvin Creek HOA attorneys.

TIME STAMP 30:50

(See attached, Item H2, which is included as a reference in these minutes.)

Ms. Amos and Mr. Nestor briefed the Council on the options for the Marvin Creek Connector Trail, noting that the Council ruled out returning the trail easement in the previous discussion.

Please refer to the attached memo and map for greater context of each route option for the Marvin Creek Connector Trail.

Mr. Nestor noted that Option 1, the original route, was the staff recommended option, as it has lowest impact on existing vegetation and is the furthest away from homes.

Option 1 Cost Break Down: 
•    Blue Ridge Trail Works Quote: $24,750
•    Engineering:  Analyzing the impact of the bridge would cost $5,000 to $15,000
•    Surveying: Between $5,500 and $7,500 
•    Environmental and Wetlands: $5,000 to $8,000
•    Additional Engineering and Studies: up to an additional $20,000 (DEPENDING ON RISE ANALYSIS).

He then explained that Option 2 was a conceptual reroute that would require a new easement from the Preserve at Marvin HOA and would require an additional bridge, as it crosses a stream. He also noted that additional screening would be needed, as this route is much closer to homes in Marvin Creek.

Option 2 Cost Break Down: 
•    Blue Ridge Trail Works Quote: $27,750
•    Preliminary Engineering:  $5,000 to $10,000
•    Surveying: Between $5,500 and $7,500 
•    Environmental and Wetlands: $5,000 to $8,000
•    Additional Engineering and Studies: up to an additional $20,000 (not likely for this option).

Mr. Nestor explained that Option 3 was a conceptual route that would require a new easement from the Preserve at Marvin HOA, as well as an easement from the owner of 9683 Saddle Avenue. He noted that staff does not believe Option 3 to be a feasible route, as it would require the removal of much vegetation, an additional easement from a private property owner, and the route may require the construction of an additional bridge. He noted that the cost of this option would likely be greater than Options 1 or 2.

He then explained that Option 3A was an option similar to Option 1, as it would follow an existing sewer easement that lies along the rear of 9683 Saddle Avenue and would then cross the floodplain to the current easement from the Marvin Creek HOA. He noted that this option would require the same studies and have a similar cost to Option 1.

Council discussed this topic in depth, immediately ruling out Option 3, as it would require an easement that would traverse private property. Council also ruled out Option 2, as the route is too close to homes in Marvin Creek.

Mayor Pro Tempore asked Ms. Amos for the funding amounts that the Village currently has in its Greenway Capital Project Fund and in its contingency line item. She also asked if staff were currently pursuing any grants for trail construction. Ms. Amos stated that the Village has approximately $42,000 in its Greenway Capital Project Fund and an additional $50,000 in contingency.

Ms. Amos noted that the Village did apply for another grant to fund trail construction, stating that the application was to complete the Marvin Loop Greenway by constructing the remaining portion from Saddle Avenue to Wheatfield Drive. Alternatively, she noted that the Village could amend its application to fund this project. She then noted that the Village could receive more discretionary funds from the North Carolina General Assembly in the coming months.

Mayor Pro Tempore Vandenberg then confirmed with Mr. Nestor that the Village has no violations regarding wetlands and NFIP. Mr. Nestor confirmed there were no violations.

Mayor Pro Tempore Vandenberg then asked for Mr. Nestor to explain the difference in building in a conservation area versus common open space.

Mr. Nestor noted that open space and conservation areas are one in the same under the Village's old ordinance and the MDO. He noted that these lands cannot be developed for homes or further subdivided. He then stated that these spaces may be used publicly for public sidewalks and/or multiuse trails.

  • Moved byMayor Pro Tempore Vandenberg

    To authorize staff to proceed with the Option 1 route as presented and authorize manager to conduct contract negotiations and enter contract with engineering firms AMT or Dewberry to conduct a no-rise analysis/certificate and/or a wetlands consultant at her discretion for a wetlands delineation at a total cost not to exceed $42,000 with a 10% contingency to be allocated via a future budget amendment.

    Vote: Motion Passed Unanimously

    Mayor Pollino declared a brief recess prior to proceeding to the next agenda item.


TIME STAMP 1:03:40

(See attached, Item H3, which is included as a reference in these minutes.)

Mayor Pollino reconvened the meeting.

Davy Broom, Public Works Director, reminded the Council that AMT Engineering had completed the study for the stormwater issues along the Marvin Loop Trail. He noted that all the issues that the study identified were within the NCDOT right-of-way. He stated he expects to meet with NCDOT in the coming week. Mayor Pollino, Councilman Wortman, and Councilman Deatherage requested to join the meeting with NCDOT.

TIME STAMP 1:07:50

Mr. Yow asked the Council for direction on how the Village should commemorate its 30th anniversary of incorporation as a municipality. Council agreed that the anniversary should be highlighted at the Village's current events throughout the year, rather than during a new event. The Council also directed staff to add the anniversary to the Village's tree logo, as well as all of the Village's communications throughout the year, where appropriate.

TIME STAMP 1:14:45

Mr. Yow explained that Councilman Wortman previously noted that the process to pay for an event registration was not easy to navigate. Ms. Amos stated that Tyler Huneycutt, Recreation Activities Coordinator, has been exploring alternative software options. Mrs. Carilli noted that she has spoken to the Village's current provider, Heartland, and has been granted access to rework the forms to make them easier to use.

TIME STAMP 1:25:10

(See attached Item I2, which is included as a reference in these minutes.)

Mr. Yow asked the Council to instruct staff on the topics to add to the agenda for the Fall Town Hall Meeting scheduled for Tuesday, October 1, 2024. Council instructed staff to present departmental updates, cover financials, and note the 30th anniversary of incorporation.

TIME STAMP 1:35:30

(See attached Item I3, which is included as a reference in these minutes.)

Mr. Nestor explained that Jones Homes is asking the Council to consider accepting a fee-in-lieu for the crushed concrete/natural surface portion of the trail that would wrap the Heritage at Marvin subdivision. He noted that the estimate is lower than what staff anticipates it would cost to build the trail. He noted that staff recommending either directing the developer to build the trail as originally planned or request a higher fee-in-lieu. Ms. Amos noted that the Village's spec manual does not cover greenways. Ms. Amos stated she would research trail construction standards, as she recalled previous meetings of the Council and PR&G Board where trail construction standards were heavily discussed. Council agreed to ensure that the trail is built to the Village's preferred standards before the Heritage at Marvin subdivision is completed.

TIME STAMP 1:46:30

(See attached Item I4, which is included as a reference in these minutes.)

Ms. Amos explained that Active Waste Solutions is requesting that the Village pay an additional $1 per home or roughly $24,000 to cover an increase in tipping fees through Union County. She noted that the current service contract does not discuss such increases and that the Village is unable to pass this increase on to residents. She also noted that Active did not inform the Village of this issue in previous months when the Village was preparing its annual budget. Council discussed this issue in depth and agreed to take no action this fiscal year. Council directed Ms. Amos to discuss this issue with the Weddington Administrator in preparation for future discussions with Active.

TIME STAMP 2:01:50

Thanking Public Works for Downed Tree Removal

Councilman Marcolese thanked the Public Works Department for their rapid response this past weekend to a downed tree lying across Heritage Oak Lane. He noted that Public Works had the tree removed within three hours. He emphasized that this example of efficient, responsive, and high-quality service is why the Village formed the Public Works Department. He further thanked Public Works and the Village Manager for their efforts. Mayor Pro Tempore Vandenberg and Ms. Amos noted that this service is only applicable to Marvin-owned street. Ms. Amos further noted that removing trees from non-Marvin streets is the sole responsibility of NCDOT, and that NCDOT's response time would be much slower that the Village's.

"Night Owls" - Stargazing Event Recap

Mayor Pollino inquired regarding the stargazing event held at Marvin Efird Park on Friday, July 12. While Mr. Huneycutt was not present, Ms. Amos noted that the event had great attendance and favorable weather.

Drainage Issues in Belle Grove Neighborhood

Councilman Wortman spoke on drainage issues on Claridge Court in the Belle Grove subdivision. He noted that the Village Engineer is recommending installing a drainage ditch and pipe to divert the water at a cost of $12,175. He noted that the roads belong to the Village and that he felt it is the Village's responsibility. Council asked how this issue could have been overlooked in the approval of the neighborhood. Mr. Nestor spoke on the history of the development of the neighborhood, noting that the neighborhood was approved in 2013, prior to the Village having its modern standards for subdivisions. Ms. Amos noted that the rarity of this type of situation, as most developments do not take 10+ years to complete. Council discussed this issue in depth and asked Mr. Nestor to place this item on a future agenda for further discussion.

Irrigation Well for Future Bonds Grove/Waxhaw-Marvin Roundabout

Councilman Wortman asked if the Council were interested in installing an irrigation well in the center of the future Bonds Grove/Waxhaw-Marvin roundabout, as there is no obvious alternate water source for irrigation near the site. Mr. Broom noted that staff watered the plants in the Marvin/New Town Road roundabout for a few months but have since stopped. He noted that those plants have not needed further irrigation thus far. Council agreed request sleeves, conduit, and pedestrian cutouts for the future roundabout, should irrigation and electricity be needed.

Stacie Howie Road

Councilman Wortman asked if the Council were interested in accepting maintenance of Stacie Howie Road, as it was recently repaved by NCDOT. He noted that owning the road would give the Village greater control of speed and traffic regulations along the road and at the intersection of Stacie Howie and Waxhaw-Marvin Roads. Council asked Mr. Nestor to contact Bjorn Hansen with Union County to consult on the implications of the Village accepting the road, as the road is currently on the County's critical intersection list. Council asked Mr. Nestor to place this item on a future work session agenda for discussion.

  • Ms. Amos will move forward with Option 1 for the Marvin Creek Connector Trail.
  • Mrs. Carilli will prepare a budget amendment for the authorized contingency for the Marvin Creek Connector Trail.
  • Mr. Yow will add Marvin's 30th anniversary to the Village's logo, event promotions, and communications, when appropriate.
  • Ms. Amos will research Marvin's trail construction standards.
  • Mr. Nestor and Mr. Broom will prepare an agenda item on the drainage issues in the Belle Grove subdivision.
  • Mr. Nestor will contact Bjorn Hansen at Union County regarding the implications of Marvin assuming maintenance of Stacie Howie Road as it relates the County's critical intersection list.
  • Ms. Amos will contact the Weddington Administrator regarding Active Waste's tipping fee adjustment request.
  • Ms. Amos will request that sleeves, conduit, and pedestrian cutouts be added to the design of the future Bonds Grove/Waxhaw-Marvin Road roundabout.

Council reviewed the Ongoing Action Item List and made revisions.

Mayor Pollino: He thanked staff for their hard work. He noted he recently returned from a family vacation and encouraged residents to inform the Union County Sheriff's Office when they plan to be out of town, as the Sheriff's Office will keep a check on your house. Lastly, he stated that the Council's rules of procedure are based on Robert's Rules. He encouraged Council Members to not interrupt each other, to allow each other to finish speaking before speaking.

Councilman Deatherage: He thanked the Public Works Staff for their fast response to the downed tree on Heritage Oak Lane. He then thanked Deputies Swan and Keziah, as well as the Village Staff.

Councilman Lein: He thanked staff for their hard work. He also thanked the Union County Sherriff's Office for their service.

Councilman Marcolese: "Cherry pickers" (referring to the idea of purchasing a bucket truck for Public Works for tree removal).

  • Moved byMayor Pro Tempore Vandenberg

    To recess into Closed Session pursuant of NCGS 143-318.11(a)(1)(3) for review of Closed Session Minutes; and to consult with an attorney retained by the public body to preserve the attorney-client privilege.

    Vote: Motion Passed Unanimously

1.
Recess into Closed Session Pursuant of NCGS 143-318.11(a)(1) for review of Closed Session Minutes

 

2.
Recess into Closed Session Pursuant of NCGS 143-318.11(a)(3) to Consult with an Attorney Retained by the Public Body to Preserve the Attorney-Client Privilege

 
  • Moved byMayor Pro Tempore Vandenberg

    To adjourn the meeting at 12:04pm.

    Vote: Motion Passed Unanimously
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