All right. As we call this meeting to
order, I would ask if there is a motion
to approve the agenda.
Hold on. Am I speeding a little bit?
Okay. And the agenda is being modified
by adding u what letter would that be?
F.
>> Are you wanting to add it to the consent
agenda or the regular agenda?
I'm fine with adding it to the consent
agenda. Okay. I just assume it be a
regular agenda. I
>> It is your agenda. You all can make the
choice of whether or not you feel
comfortable on the consent or wish to
talk about it in the regular.
» It's a budget amendment uh grand project
or next FEMA and
» yeah regular agenda.
So item F will be budget amendments
grant project works.
» So make a motion to approve the agenda
with modifications discussed.
>> A second.
>> All right. All those in favor
>> I
do we have any public comments?
How do you want to talk?
All right. Well, council comments,
» think you're good. All right, gentlemen.
>> The honorable mayor prom and council, I
need to leave at 45, please.
>> All right. Please don't vote yes for me
after that.
>> Okay. I don't think we're gonna have to
excuse you. We will ask our our town
manager if he's got something to say.
Just say every other word and we'll get
it done in half the time.
>> Thank you.
>> That's one of my favorite checks, by the
way. Um Mr. Campbell,
>> uh just want to recognize that uh next
week will be uh 4th of July and it'll be
the 250th anniversary.
>> All right. And I'd like to thank y'all
for coming out tonight, for being here.
July
you know, it's it's important to have
people show up and cheer us on or cheer
us down or hold us accountable. So, all
right, that being said, Mr. Manager.
» Oh, sorry. Uh, Mayor Pro Tim, if I may
just mention that the uh we do need to
make a note that the mayor is out and
that it's for an exempt purpose.
>> Thanks for reminding me. Yes, our mayor
is out. is for an excused absence and
that's why you get to listen to me
tonight.
>> Thank you, sir. And and thank you,
council, as well. I only have a few
items for you really quick. First of
all, I know that as you all are well
aware and also for the community
watching at home uh around the UDO
language that is currently within the
general assembly. There have been
multiple conversations here uh in the
past few meetings and so I wanted to
give a quick update. So that item is SB
1074 or Senate Bill 1074. It's currently
in the House. Uh and as of just uh
earlier today, it was calendared as a
part of the Finance Committee's next
meeting, the House Finance Committee's
next meeting at 9:00 a.m. on Tuesday. So
next Tuesday at 9:00 a.m. it'll be heard
at the House Finance Committee. Uh and
so I just want to provide that update to
you all this evening. The other items
that I have is that you all may see
outside behind the baseball field.
There's a there's some um some soil and
erosion control measures that are going
on out there. That's the very beginning
process for the uh baseball field
project. That's our FEMA project to uh
repair the uh the drainage issues and
other related matters that happened
during Hurricane Helen. So, right now,
that's currently slated to begin on June
29th. And so you all are going to start
seeing that work around there. We've
obviously been talking with our our
partners that use the baseball fields
and making sure that we're trying to
that we're working around their
schedules. But that's another exciting
project. I know that we've been talking
about it for about a year and a half and
so being able to see that work moving
forward. I'm excited about that and I
really want to thank staff for all of
their hard work in making that happen.
Last but certainly not least as well
around the North Loop update uh a North
Loop update as well. That project is
continuing to move forward. it continues
to move uh on schedule. Uh as you may be
may have seen, we've had a lot of dump
trucks coming in and out as they've been
hauling off the the debris, the sand,
silt, and mud debris out there. I don't
have an update on timeline other than
that things are continuing to move
smoothly out there and I'm just really
excited to see all the progress and I
hope the community is as well. If the
community is not aware, the we we did
prioritize and we're very happy to say
that the river access is available. all
uh all areas of the river that for
access are open. Now, there's a lot of
orange fencing around because we're, you
know, mostly we're trying to protect the
grass and make sure that it takes root.
And so, we're trying to put people into,
you know, certain paths to get paths to
get to the river, but the um the you
know, for tubing purposes, for uh for
the beach access, for fishing purposes,
the kayak launch, all of those are now
open. Uh and if you haven't had an
opportunity to go down there, please do.
A lot of the community's been out here
using them. I try to walk down there
every day and I just see tons of kids
out there in the water and a lot of kids
at heart as well enjoying the river. So,
I'm very excited about that. And that
concludes my remarks.
>> Very good. Thank you.
All right. On to the consent agenda. Do
we have a motion to approve the consent
agenda or is there any discussion?
>> I make a motion to approve the consent
agenda.
>> Right. Have a second.
>> A second.
>> All right. I have a a motion and a
second. All those in favor?
>> I
consent agenda is approved. Now on to
the regular agenda.
First, we have the adoption of a
resolution 2026-14
supporting the submitt of a water
resources development grant.
>> Yeah. So,
>> Mr. McCan.
>> Yeah. Thank you, council. and and I'm
going to call Greg Jennings up here to
the table as well from Jennings uh
environmental who's uh just you know the staple of this project and so many
other projects when it comes to
environmental work in Mills River and around the entire area. So what's
before you tonight is what is resolution
202614.
As we mentioned, it is a a a resolution
to support the submitt of a water
resources development grant. Very
similar to what we did years ago uh on
the on the project already in Mills
River by the picnic area in there. this
project. Uh it's not requiring that the
town by this resolution is not stating
that we must go forward with this grant.
Merely one of the steps that's required
is the a resolution of support from the
council saying that you would wish for
uh the staff to go forward and pursue
this uh this application. What's before
you right now is an application specific
or a support specifically around the
park expansion property bank. So, as you
know, FEMA, there's a FEMA project
working with the park expansion
property. Well, and Kevin's going to
scroll down for me a little bit here to
see some of the uh some of the other
elements that you all have in front of
you uh and in your packet, but really
there are two major sections that are
around for FEMA projects. And right in
the middle of those two FEMA projects,
there's uh very important work that
needs to be done as well for
stabilization and mitigation as we plan
for the park expansion property. Right.
And so what this is looking at and staff
has been working very hard and Greg I
really want to thank you for all of your
hard work as well trying to find funding
opportunities to say while we're looking
at FEMA projects which we cannot use for
this type of mitigation work not in this
area as well. How can we also make sure
that we're prepared for future park
expansion? And so the the DWR grant,
it's one that again we're comfortable
with. We've used before. And the request
is for essentially the grant would be
about four would be for $400,000, which
would be $200,000 that the town would
have to match as a grant, local grant
with $200,000 going from if we received
the DWR grant. It's a reimbursementbased
grant. So essentially we would have to
pay for it upfront and then seek
reimbursement afterwards just like other
grants especially around DWR it's about
30 days for reimbursement. So right now
like I said it's the we're requesting
the support for this type of project.
I'm going to turn over to Greg here in
just a second to talk through a little
bit more of the project itself and
answer any questions because he's the
technical expert. Uh, but really the
other piece I think that's really
helpful for you to know about this is
that it's um it would be coming out of
the 7 it would be coming out of the
$750,000 that's currently assigned for
the park expansion uh in July for the
next FY27 fiscal year. So that's one. It
would be coming out of the capital
project fund. So uh the capital the
capital project reserve. So it wouldn't
be touching available fund balance as
well. and also Withers Ravenel and
Jennings Environmental have been doing a
great job working with each other
throughout this process to make sure
that uh the work that Withers is trying
to do when it comes to the phase one
approach will is going to work in tandem
with that uh with the work going on at
the river. So having river access
opportunities getting people to those
access points while also making sure
there's stability there and we're really
trying to protect the river as much as
possible. And so those are the main
things. The the last thing I'll just
mention, and Greg, I'm going to look at
you to correct me on this one. We're
looking at a fall timeline for a
potential uh uh an potential award about
this, which would then be if that if we
receive it, it would flow right into a
spring uh build uh construction
timeline, which again also coincides
with the Withers Ravenel discussions
that we've had about a mid to late
spring uh construction of a potential
phase one or phase 1/2 to get, as I like
to say, boots on the ground over there.
So it really seems like a great
opportunity to mir to marry these two
types of very important projects
together. Before you is whether or not
you wish for us to proceed with that
request.
» Whichever one you feel comfortable like
Greg,
>> is this okay?
>> Absolutely.
>> So Greg Jennings, I'm with Jennings
Environmental. I'm an environmental
engineer and I have been working with
the town staff for several years. Our
team did the project that you're
familiar with that has the two river
access points and the stream bank
stabilization starting back in 2022.
And so we're happy to continue with work
on the river river bank. And part of
that work is the FEMA funded work.
>> Uh for whatever reason the FEMA team did
not include the what we could call the
middle parcel. And if you're looking at
this sheet three overview map, that's a
good summary of everything that's
included in Mills River Park, including
the expansion and the area that is not
currently funded project area where Matt
has just described the grant
opportunity. Uh the grant is division of
water resources funding. It's 5050
money. And so, as Matt described, we
would do the riverbank stabilization on
town property would not include the
privately owned property on the north
side of the river, just to be clear. So,
it' be the town owned property would
require match. It requires a 50 foot
buffer, but no easement and no
dedication to the state. The state
>> pays for the project. It's permitted by
the Army Corps. the state and any local
ordinances that are applicable
>> and the town continues to own and
operate and manage the property when
it's finished.
>> So, I think it's probably most efficient
for me to answer questions at this point
if you have any
>> questions.
If in the future we want to put like a
boat right up there, could we?
>> Yes.
>> Okay.
>> In fact, we would design in a human
access, a walking access if you will.
canoes, kayaks, swimming, fishing,
tubing would be designed in
a boat ramp. Uh, similar to what you
have down
>> Yeah, that's much
>> probably something to talk more
extensively about.
This is very preliminary.
We're applying for the grant. The grant,
it's rather vague about what the grant
would pay for if and when the funding is
approved. October it's state funding. We
don't have a state budget yet. So we
have to have a state budget. Then we
have to be approved and then we have to
go through contracting and then design
and then that's when we'll get into the
details of that.
>> Yeah. I'm not I'm I'm saying we have to
there's a 50 foot easement.
>> Yeah.
>> It's not an easement. No. Uh it is
strictly a planted buffer.
>> Okay. So if in the future
somebody wanted to put or the town
wanted to put a
>> Yeah. You own the property.
>> Okay. Okay. That's that was
>> there is no deed restriction, no
easement, no conservation requirement.
>> The budget funding pays for planting a
50 foot buffer. The state likes you to
do that. They do not restrict your use
of the property.
>> Okay. Great.
>> There are other grants that do that and
I wanted to be clear. This is a
nonrestrictive grant. The 50/50
» would there be much redisturbance in the
area?
>> Substantial. Yes.
The river banks are 8 to 10 ft high.
They're undermined and they're
collapsing. Many of the trees that are
there are prone to falling in in future
events. We would need to remove those
the ones that are prone to falling.
Regrade the banks. use those trees to
help stabilize the pond.
>> Well, then how many finger
are all up?
>> Well, there is an area with that has no
trees left currently. There are other
areas that have trees that are up to 50
or more feet away from the river. And
those do not all have to be removed. But
because the river meanders as you know
how it does, it's the outsides of those
bends where it's meandering that it has
already washed away all the trees. So
we'd be putting trees back there on the
insides of the bends. The energy is not
affecting the town property. It's
actually affecting the neighbors
property across the river. And we are
trying to work with Mills River
Partnership on a whole separate series
of grants for agricultural producers for
that side. That's separate and we're not
asking the town to commit to anything on
that, but that's a separate effort for
that side. So trees would be removed in
areas where they are already falling in
or or already gone essentially and a 50
foot wide tree corridor would be put
back in that area. There is not
currently a path there on the expansion
property. I'm sure you're familiar with
the area. Uh this project would allow a
future path. Uh, I'm going to not call
it a paved path or a greenway, but a
path that could be used. But if we don't
do the project, putting a path there
would be somewhat at risk because the
river is moving quite rapidly onto the
propert. And that's one of the items I
just wanted to bring forward as well. Uh
Greg, if if council would look on the in the black box there on the right
hand side, the the water would be
flowing into that bend which is at the
you know pushing into our property over
time. And so as we look at activating
that area just by the flow of water uh
with having you know conversations with
Greg there is there are major concerns
that we are going to start losing that
property just because of the the
degradation of that stream bank. So
right now, the reason why we're coming
for you to you right now is because
there's a benefit with the FEMA projects
that we already know that we have to do
to get back to preheline conditions
while acknowledging that this is a
project that requires mitigation and
stabilization.
Those projects could go simultaneously
keeping the funding sources completely
separate, making sure because FEMA funds
cannot be used for this and we're very
clear on that. yet being able to then
make sure that the that area is stable
and ready for future park use uh at the
same time instead of potentially using
FEMA funds or using FEMA funds to work
downstream only for there to be
potential impact again from the fact
that this area here is going to continue
to degrade.
questions.
>> Mike, we're allowed to do this with the
within the hazard flood hazard.
>> I know the answer. I just say
>> want it on the air.
>> Yes. Uh the flood plane ordinance, one
of the specific allowances is basically
flood plane and natural restoration
projects. So that would be allowed under
the ordinance.
» Thanks for getting that.
All right.
Go ahead.
>> Good.
>> Okay. So, we're good to do a motion. We
don't need Okay.
>> So, I'll make a motion to approve and
adopt resolution 2026-14
authorizing staff to apply for the North
Carolina Division of Water Resources
Develop Water Resources Development
Grant for Riverbank Restoration on the
Millser Park expansion property and
authorize the town manager to sign all
necessary documents. Right, we have a
motion. Do we have a second?
>> We'll second.
>> All right, motion and a second. Any
discussion?
Right. All those in favor?
>> I.
>> Thank you.
>> All right. Passes.
>> Thank you, Greg.
>> Thank you.
All right. I'm trying I'm going to try
not to get too excited. Is a traffic
engine. I'm trying to, you know, breathe
normally.
But next item is consideration of NC DOT
speed limit reductions by the adoption
of concurring ordinances. Mr. Milich,
>> thank you councel. Um, so this evening
we're uh putting before you the
concurring ordinances with the speed
limit changes that DOT recommended after
conducting the engineering studies uh on
the roads identified by council. So just
going back in time and recapping quickly
for the public. So we had a discussion
about general speed issues in the town
in mid August. Um staff went to DOT,
they studied those roads. We got the
results uh in late February. And DOT did
recommend speed limit changes for those
five identified roads. It includes the
eastern section of Schoolhouse Road, the
entirety of Jeff Road, and I'll go back
and state the limits. Schoolhouse Road,
the eastern section going from 45 miles
per hour to 40. Jeffris Road, the entire
section going from 45 to 40. Uh Butler
Bridge Road, the short section between
Jeff Road and the French Broad River
going from 55 to 45. Banner Farm Road
within the town limits going from 45
miles per hour to 35 and then a couple
different sections on Boilston Highway
going from 55 to 50. Um and so we
presented those results to council in
late February. Um, oh, sorry. We
received those in late February,
presented them to council in late March,
and there was consensus from council to
move forward. So, we got the concurring
ordinances from DOT and the
certification documents and basically
are presenting those to you tonight for
consideration um by adopting these
ordinances and having the clerk certify
them. The next step is I will send them
to DOT and it will probably take a month
or two for them to work through the rest
of the process and then for the speed
limit signs to be changed. I figure once
the speed limit signs are changed,
that's the the final basically uh
regulatory requirement for the speed
limits to be enforced. That's when we
can always come back to council and
formally update the traffic schedule.
Um but in your packet, uh you'll see a
number of ordinances. I did just want to
explain there's three for Boilston
Highway. One's for the northern section
from Old Haywood to Cardinal. There's
another one for the northern section
called the westbound couplet. That's
just because it's a divided freeway or
highway there and so they have to have a
separate ordinance for that other
portion of road and then there's also an
ordinance for the southern section uh
basically between Presbyterian Church
Road and Schoolhouse.
Um we did find this is in alignment with
the strategic plan goal six upholding
excellence in community safety and also
the comprehensive land use plan.
Happy to take questions.
Do you know I think we talked about on
the southern portion of Pollston Highway
northern where the right before the
right after the fire department you know
raise the speed limit right before it
got to the red light.
>> Correct. The southern portion. Yep.
>> Yeah. Did we didn't get any
clarification if they could extend it to
the red light.
>> They will uh change where the they will
basically install the signage so that
the signage for the increased speed
limit is after the light as you go
south. So basically drivers traveling
south won't see a 5 miles per hour
increase in the posted speed limit till
after the light. The reason why they
didn't want to change it before the
light is because it actually affects the
signal timing. They'd have to redo the
whole signal and they didn't want to uh
move forward with that.
>> Gota.
>> And one other thing I'll throw out that
Mayor Prom Moore brought up uh a while
ago. I did ask about the uh school
zones, the speed limits. They said
that's something DOT works with the
schools on directly. So I didn't want to
get ahead of council, but if council
adopts these tonight, I plan to reach
out to the school basically inform them
of the changes and if they wish for the
school speed limit to be dropped by 10
miles hour because it's not going to,
you know, it's usually 10 miles hour off
the posted speed limit. Uh we'll get
them with POT and make sure that
happens.
>> Sounds good.
Any questions?
All right. Well, like to entertain a
motion if someone's got one.
>> I'll make a motion that we adopt
ordinances 202614
through 202620 approving lowering the
speed limits on the subject roads as
presented.
>> All right, we have a motion. Do we have
a second?
» All those are any discussion?
All right. All those in favor? I
Thank you.
>> Thank you. Thanks for your hard work on
that. That's near and dear to my heart
because I started griping about it when
I first came on the planning board. So,
I mean, just that we didn't have a lot
of concurring ordinances with DOT. So,
but that's great. And I'm not saying it
took you forever to do it. I'm just
saying that it's hard work and people,
you know, we got to realize that getting
these things done isn't a snap and it's
snap your fingers and it's done.
Okay.
Next, talk about the adoption of a
resolution 2026-15
in response to North Carolina General uh
GS General Statute 143-135 for force
account labor. Ms. Ostein.
» Thank you, council. Um so one of the
items um for one of the FEMA projects um
is the wellhouse and the wellhouse needs
a roof. So um the um resolution that you
have here in front of you is what is
required if the town wishes to use staff
to do the work on the on the warehouse
and not fit it out. So that is why you
have a resolution here um to request
permission
um to actually have our staff to do a
repair for a project that could be bid
out to contract.
>> Yeah. And thank you Julie for that. Just
a a couple other points of
clarification. U obviously we don't have
to do this for everything because our
staff does a lot of work around here.
That's part of their jobs. But this is
really around that contracting and that
construction type work. We do have a
member of staff that does have a
contracting license. Uh and so being
able to lean in on that the there's no change in expect of
responsibilities or costs that are
associated with this by using someone in
house. There's no extra fitting or like
your internal cost structures that
change with this. It's there. It's their
hours. It's their time. We were just
asking we are asking for that permission
if you then
an outside
and that'll save time from having to do
a contract
someone were already paying they've got
the skills the ability so it'll be
should be a pretty good cost savings for
town
>> sure and it's also a FEMA project so
then it is time reimbured
>> reimburse
all right so this is the form the formal
part which allows allows us to do it and
keep the FEMA funding
» questions on that.
>> He's just making
salary not correct.
>> He's he will just be paid for his hours
work like he would normally for anything
he does in the park. If we have this
future events, but they have to
reclock this indivision or would this
cover
is just for this one?
>> I believe they would. Yes.
>> Okay.
It's anytime you're you're doing
something that you would normally bid
out
>> that you have to come back and get
permission.
discussion, questions.
» So, I make a motion to approve and adopt
resolution 2026-15
authorizing the use of force account
labor to repair the warehouse roof on
the expansion property.
>> Got a motion. We have a second.
>> Second.
>> Motion and a second. All those Any
discussion?
All those in favor? I
>> we need to talk to FEMA about changing
the term force account labor.
>> Yeah.
>> For staff members, but uh I think that's
going to be a bigger problem the cross.
>> Sure.
>> All right. Now, we've got a couple of
vacancies on our boards. U the first one
is the second alternate position on the
board of adjustment.
>> We have received no new applications
since last time we talked. Um so, you
have some options. you can appoint from
the applications on file. Um, one thing
I wanted to talk to you about is a lot
of communities um, use their planning
board as the board of adjustment. As you
know, this board um, some some boards
already serve on board of adjustment.
So, that's something you might want to
also think about is would you like me to
talk to your planning board to see if
any of those would be willing to serve
on board adjustment also. So, that's an
option. Um or we can continue to
advertise position.
>> Okay. We have we do have some some
applications on file.
>> Applications on file right now.
And I think that's They had said before
it's a lot to ask someone. We've got
dedicated people that are willing to do.
It's a lot.
>> How many I mean I know at one time at
one point in time there was discussion
about letting the uh council serve as
the board of adjustments.
Do you have an
>> some places do that?
>> Does you have a legal opinion about
that?
>> I mean, you can do that. Um,
that is it's a lot. It's a big
responsibility. Um, and the issue that I
see when you're putting planning board
members on board of adjustment and vice
versa. It's two different processes. One
is legislative, one is quasi judicial.
And it's hard to differentiate between
the two when you're trying to do both.
Would be my concern.
>> We have
I have experience where they have served
in both roles and I will say if that is
a direction that the council wishes to
vote for there's a lot of training that
has to go to uh making sure that we do
protect that they that they do
understand those clear differences
between those two and so um obviously we
can get that training done but there's
also going to be a dedicated they need
to be dedicated to make sure that they
go through all the required trends so
that we don't run into those issues.
having served on both at the same time.
It is Yeah, it's
turning your brain off from one way of
thinking
uh when you're in the other meeting is not always easy, especially if you know uh have certain expertise that
you're really wanting to do it. that you
have to put that aside and and listen to
it is um that what's being presented. So
it's it's not easy
discussion.
I mean, I'm okay with tableing it for
now because it's a second alternate
position, but
see what pops up.
>> One person.
>> To do that, we would um
do we do that with consensus or we need
to make a motion to table it or not?
» I'll make a motion that we table this. I
don't continue to advise the vacancy for
future date.
>> Have a motion. Do we have a second?
>> I'll second.
>> Right. Discussion. Further discussion.
>> Do we have a future date? Do you have
anything in mind
like August?
>> August. The first meeting in August.
» All right. We have a motion and a
second. All those in favor?
>> I.
now have vacancy on the planning board
to discuss.
We did have
>> you you have received a new application
since last time we talked about this and
I've included um it in your packet. Um,
I did ask her to come tonight, but she's
out of town, so she's unable to attend
four applications on file and options
are from one of the applications. Um,
» wait till she has a chance to get
talking.
I asked um
why
I would be okay with
her over the weekend.
>> I called her spoke with her today.
She said she's start
she have a lot of good.
Can I make the motion to appoint Amber
Fulmore to the planning board to
two-year term ending June 25th, 2028?
>> All right, we have a motion.
and a
second. All in favor?
>> I
>> All right, thank you. Do we have any
other business?
>> F.
>> Oh, some idiot didn't write it down
first.
» I'm F.
Okay. So, we have a budget amendment
grant project ordinance FEMA Z.
And by the way, when I say some idiot,
that's me. Don't call anyone else that.
Young people don't call people idiots.
It's no good.
>> So, council, before you is a budget
amendment um for the grant project
ordinance with the approval of the
submission for the
grant um for um
the uh baseball field. The that
application that process was completed.
Uh the grant was awarded. We have
received the money for the uh baseball
field. So we are asking that um this
budget amendment be presented to reflect
what we've received from FEMA to cover
the expenses for that project that will
begin on Monday as well as um to add
some additional cost for CAT Z which is
the administrative costs um to for the
engineering company firm to oversee
those as well as the land of sky that
helps us with the grant um project
management of the theme projects. So
that's what the um amendment here is for
is $45,000 for the CATZ administrative
costs and then the $161,000 that we were
awarded by FEMA for the baseball repair.
Have any questions?
So,
>> would anyone be interested in a motion?
You'll have to freelance this one.
>> I'll make a motion to adopt the
amendment to the grant project ordinance
2026-21 to allocate additional funds for
category Z
>> and the baseball field.
>> Thank you.
>> All right. Is there a second?
>> Second.
You all right? Any discussion? If not,
all those in favor
>> I.
» All right. Now, on to other business.
» Um,
for this meeting, is there anything
other business? I'm not showing anything
here. And then we'll adjourn this
meeting.
>> Do we need to talk about Tuesday?
We don't want to talk about that.
>> It would be if council would just talk
about it.
>> Okay. Sounds like we've got a candidate
for other business. Um
>> I guess it's just arranging who's going
to go since we made the motion to send a
delegation team down there.
>> Yes. So, uh yes,
mention BTO is who may miss the last
meeting. Yeah. So with the the a letter
was sent uh for uh council request and
to the finance committee the house
finance committee uh earlier this week
to all all of those legislators and
their assistants also through our
representatives and also at that meeting
council uh requested that a delegation
would be able to go down there once it's
calendared assistance calendar for two
days not that try to better understand
whether or not that is still the case
for this uh for this council and or uh
if there's anyone who's willing and able
to
>> would now be an okay time for you to
read the letter so we can get it in the
uh the record.
>> I'm happy to read the letter if you want
to have that submitted. This is what we
sent.
Y'all okay with that?
Okay. Would you be willing to read it?
>> Okay. Asking me to read it. Okay. Yes.
Happy to.
» It's a long letter.
>> It is a long letter.
>> I just hit the highlight.
If it's all right for the record, I may
read it word for word.
>> Careful what you ask for. Yes.
>> So, it says, "Dear honorable
representative Julia C. Howard, senior
committee chair. We the town council of
Mills River, North Carolina formally
oppose part two of SB 1074 titled Mills
River Unified Development Ordinance.
Header legislative request oppose part
two of SB 1074 at a minimum amend the
bill to remove the town of Mills River
ensuring the implementation of a UDO
that reflects the will of the community.
SB 1074 was referred to the finance
house standing committee on June 22nd,
2026. It is imperative for the house
committee to understand the town's
unique circumstances that generated the
downzoning exemption granted under
SL2025-32
and our yearslong dedication to
receiving and incorporating community
feedback. These efforts resulted in
council's adoption of the town's first
unified development ordinance in
parentheses UDO on June 11, 2026 by a 4
to1 vote. The UDO becomes effective
September 1, 2026. Part two of SB 1074
would nullify the actions of town
council and more importantly the efforts
of the town's residents.
Subheader Mills River, a unique story.
In July 2024, town council officially
approved a contract to draft the town's
first UDO, which included the
development of a new zoning map, the
first since the town's incorporation in
2003, at a cost of $194,000.
In conjunction with the project kickoff,
the town was considering a new less
dense zoning designation for
approximately 1/ half of the town's
geographic area located within a
mixeduse district. That district, the
Mills River mixeduse in parenthesis MREN
MU, covers approximately threequarters
of the town with few restrictions and
few dimensional standards, raising
concerns over future developments that
neither reflect the town's vision nor
infrastructure capabilities. However,
prior to approval of the town's UDO,
SL2024-57
passed, which removed local government
downzoning authority without property
owner approval. We believe the North
Carolina State Legislature recognized
the unique challenges the town of Mills
River faced when it approved SL2025-32
which states colon Mills River Unified
Development Ordinance section 2.3
parenthesis A notwithstanding GS160D
601 as amended by section 3K.1
parenthesis A of SL2024-57.
The town of Mil River may adopt the
unified development ordinance initiated
by the town council in October 2024.
Section 2.3
parenthesis B. This section is effective
when it becomes law and any adoption of
the unified development ordinance shall
occur on or before July 1, 2026.
In light of such exemption, the town
worked tirelessly to create a UDO that
accurately reflected the goals and
desires of the town and its residents.
subhead communitydriven approach. The
town of Mills River made a good faith
effort to work within its granted
authority throughout the UDO process
focusing on transparency and community
engagement. Below are key statistics
outlining our citizen focused approach.
Item one or bullet one five total public
forums with a total of seven separate
sessions. Total time hyphen
approximately 20 hours. sub bullet. Two
large scale formal presentations and
input sharing sessions at Mil River
Elementary School. Meeting number one
had an estimated 125 plus attendees.
Bullet two, 10 office hour sessions
totaling 34 hours. Sub bullet. These
sessions were conducted over a year
where the public could attend, ask
questions about the UDO, and provide
their input. Bullet three, 11 town
council meetings, presentations, and
code report code review sessions with
consultant. Sub bullet conducted over
approximately 1.5 years to receive
feedback and present updates. Bullet
four, 16 project steering committee
meetings. Total time hyphen
approximately 39 hours. Sub bullet. The
project steering committee was made up
of members representing various local
boards and committees. Bullet five,
4,358
informal postcard and sorry
4358formational
postcards mailed to all unique property
addresses in January 2026. Subullet one,
1,115formational
one pagers were distributed to local
elementary schools to reach parents in
January 2026. Sub bullet two. 490 public
notice letters mailed to out of town
property owners in May 2026 announcing
the public hearing. Bullet six
38 zoning change requests submitted by
community members out of 4,330
parcels parenthesis less than 0.9%.
Sub bullet 28 zoning change requests
approved. Correction period for all
residents colon one year. Bullet seven.
Four publicly available zoning map
drafts available for review and feedback
from the community. Community input,
council direction, and steering
committee guidance directly influenced
each iteration.
Bullet 8. 21 hours of other public
engagement through stakeholder
interviews, informational presentations
to committees, andformational booths at
local events. The town of Mills River
acts in good faith and within the
authority granted in SL2025-32
when adopting the town of Mills River
Ordinance 2026-9
colon an ordinance adopting the town of
Mills River unified development
ordinance official zoning map and
overlay district map semicolon
consolidating and replacing existing
land use and development regulations
under GS160A-1
174 the town is granted broad ordinance
making power to regul or abate acts
detrimental to the health, safety, or
welfare of its citizens and to define
and abate nuisances. The town utilizing
such authority along with that of
GS160D-601
adopted ordinance 2026-09
to now undo what has already been done
under the town's authority to regulate
health, safety, and wear welfare and the
abatement of nuisances would seem to
conflict with NC constitutional article
2 section 24 which states that the
general assembly shall not enact any
local, private, or special act or
resolution relating to the health,
sanitation, and the abatement of
nuisances. For more information, contact
Matthew McCarahan, town manager, town of
Mills River, 828892901.
Matthew mccaranham river.gov.
>> Thank you. That was excellent job. I
could have made it through that. Very
good. Um, I think that was very well
written. It was done. It was
uh done by our town manager and our
legal working with our legal staff and I
think you all just did a fantastic job
on that.
>> Thanks sir. If I may, I'll just mention
as well before this letter went out uh
there was council consensus to send this
letter out to uh council council was
able to review and there was council
consensus to send this letter out uh to
the finance house. Very
good
questions, comments.
I mean it
that outlines the whole process and it
also reflects the comprehensive plan. So
it wasn't just four people imposing our
will on the town. It was a council that
listened to the people, understood their
will,
doing our best for the town. All
right, that being said, who wants to go
to Raleigh? Who can go to Raleigh?
If that's still something we as council
want to do.
>> And if I may, I'll just mention because
it's 9:00 a.m. on Tuesday. Uh there may need to be consideration for
leaving on Monday for an overnight stay
or else we'd be leaving about 3:00 a.m.
on Tuesday morning. And if that is a
desire of this council as well, there's
we could have a discussion about whether
or not there needs to be other potential
meetings set up on that Monday prior to
the Tuesday discussion. So again, I just
throw that out for consideration,
potential discussion. There's no
recommendation.
» I'm available to go if we need to.
Next week's a short week. It's a 4 day
week or
you know at work. So it'll be hard hard
for me to go next week. Lose for all
intents and purposes two days.
» Yeah, it's going to be hard to go Monday
night.
If council does not wish to try to have
meetings on that Monday, then there
could be a late Monday
movement to you know, you know, a lead
time departure time on that Monday
night. I just want to make sure that we,
you know, get there by the 9:00 a.m.
meeting. It is sometimes difficult to
get meeting. So it easier if there was a
late at least a minimum of late Monday
uh departure and then once the meeting
is over depending on whether or not the
delegation wish to stay longer after the
meeting for other meetings were to come
back.
>> I mean I don't think there's any issue
with leaving after work Monday.
>> I could do that. and it would just be
one day.
» We don't have to go all the way to
Raleigh to stay.
We could stay and how out or something
if that's a concern getting there too
late.
>> I don't go to bed till 1:00 in the
morning anyways.
>> It doesn't matter what time I go to bed.
I'm asleep before that.
Just where am I sleeping at at the time?
Okay. So we'll talk
>> as long as we can coordinate. I mean
we'll coordinate it outside of that.
>> So what I'm hearing is that there's
still a desire to go with a delegation
with
read letter. Well if we do I I can read
it if that's can't read that whole
letter like needed.
You'll do fine.
>> Thanks. Appreciate that. Okay.
Sounds like a plan. All right. That
being said, I would entertain a motion
to adjourn this the regular meeting.
>> I make a motion to adjourn the regular
meeting and enter into our business
meeting.
>> All right. Need a second.
>> All those in favor? I.
>> Okay. Now, uh, call to order the
business meeting.
First item on the agenda, future
preliminary agenda items. July 9th,
adoption of the updated PAL bill map and
charge the tax collector with collecting
taxes.
Discussion.
>> Yeah. Talk about that.
>> Yeah. Normally we only have one item. Uh
so for the July meeting so this year we
have two just just the PAL bill
requirements as well. So that that's the
only rule of this year
>> and then consensus I'm I'm good with
that. What do you need?
>> No just just making sure that you all
are comfortable with the the agenda as
if there's anything else we need to
start
right now for August 13th. The only
thing that's really on that agenda right
now is around ETC computer survey
presentation. That's
the public and sorry I apologize the uh the public hearing for R262
and and as well as the
August meeting set
in July set.
Yeah, I believe the public hearing is
already set. We just set it up.
>> Yeah. Said um
» sounds reason. No, I I've had several
people. I don't know if we need to do
this during the business meeting or what
we need to do. But on Jish
that short
the road
around hurricane
side.
So there um and just just for
clarification, we if you're coming from
280 coming towards Atlanta, if you go
through the bin going and uh going
towards Lane on the right, there has
been under there has been some
undermining there. We actually uh have
been working with DOT for uh we we
reached out to DOT quite a while back
about that issue because we've heard
from those that live up uh in those
neighborhoods about that concern. And so
at least Mike, I don't want to put you
on the spot here, but at least my memory
served to me that
well instead of me trying to do it, Mike
again. So
>> I remember y
>> uh very familiar with that section. Um
besides just submitting a request to DOT
through their portal, we also emailed
the maintenance yard supervisors so they
are aware of it. Um, I actually went out
and climbed down that bank and believe
it or not, there are uh dozens of uh
animal dens in the hillside that are
also contributing to the undermining.
And so we got DOT to put I think a
couple of cones out, but uh we got
basically the response that they would
put it on their list and they would get
to it as time allows. I'm happy to
follow up on that with them again if
that's
>> they did fix
bridge. Yes,
>> they did some repault
there because it's coming back
roads getting
>> pretty scary.
>> I'd be happy to bring that back to their
attention.
>> Very good. Thank you.
All right.
any future potential agenda items we
want to talk about.
» Okay,
>> I make a motion to adjourn.
>> I'll second.
>> All right. All in favor?
>> I
thanks for coming tonight. Thanks for
what y'all do. Thank you for being up
here. Thank you.
That was fast.