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TOWN OF STOKESDALE PO Box 465 STOKESDALE, NORTH CAROLINA
The regular meeting of the Stokesdale Town Council was held in the Town Hall at 8416 US Highway 158 on Thursday, July 19, 2007.
Mayor Randle L. Jones called the meeting to order at 7:30 PM. The following members of Council were present: Mayor Randle L. Jones, Mayor Pro Tem John W. Flynt, Bobby Richardson and Mickie Halbrook. Powell Shelton was absent. Others present included: Trevor Nuttall, Guilford County Planning Department; William B. Trevorrow, Town Attorney; and Carolyn Joyner, Town Clerk/Finance Officer. After the Pledge of Allegiance, Council considered the proposed agenda. Mr. Flynt made a motion to adopt the agenda as presented. Mr. Richardson seconded the motion. All Council members present voted aye and the agenda was adopted.
All Council members voted aye and the agenda was adopted.
Council considered approval of the minutes of regular Town Council meetings of May 17, 2007 and June 21, 2007. The minutes for the special meetings of June 28 and July 10 were not available. Mr. Richardson made a motion to adopt the minutes as presented and without reading. Ms. Halbrook seconded the motion. All Council members voted aye and the minutes of May 17 and June 21, 2007 were approved. NEW BUSINESS: Report from Guilford County Sheriff’s Department: Deputy Christman reported that 25 incident reports were filed in the Stokesdale area since the last meeting. They included four damage to property reports, two theft reports, two assault reports, five drug reports, one trespass, and one breaking and entering of a coin machine. He noted that there are a lot of narcotics in Stokesdale and they are trying to enforce the laws and make arrests. PUBLIC HEARING: REZONING CASE #07-06-STPL-04217: CU-GO-M to Amended CU-GO-M. Located north of ATHENS ROAD (SR 2101) approximately 1,200 feet east of ANGEL-PARDUE ROAD (SR 2102) in Oak Ridge Township. Being Guilford County Tax Map 1-60, Block 1046, Parcel 3, approximately 2.97 acres. Owned by Trumilla F. Morris. Mr. Nuttall noted that the request to rezone from Conditional Use General Office Moderate intensity to an Amended Conditional Use General Office Moderate Intensity. He noted that there are several existing permitted uses that were authorized with the previous rezoning. There were previous development conditions that were attached to the request. The applicant has filed a request that includes all of the permitted uses that were authorized when the previous request was approved and are now requesting the addition of an accessory use for a day care center which is associated with the existing dentist office with space for an additional use of daycare center, child (6 or more). The existing land use at this location is a dentist office with an accessory day care/lease space for business, personal, and professional services. Surrounding uses are low density residential. The Northwest Area Plan recommends rural residential and the Stokesdale Land Use Plan recommends residential. Existing transportation conditions show US Hwy 158 as a designated major thoroughfare. The average daily traffic count west of the site was 8500 vehicles in 2005. On Athens Road there was a count of 920 in Book 9, Page 1576
2005. Access to the development is from Athens Road. The applicant proposes no additional improvements. They intend to use existing parking to accommodate the new use. NCDOT will review the previously issued driveway permit to make sure that the new use does not impact the driveway. DOT will look at the amount of stacking and the number of loading spaces to make sure that there are enough to accommodate the new use. Planning Staff recommends approval of this request but reminds the applicant of the need to ensure compliance with NCDOT permitting, state day care licensing requirements and Town development standards for the proposed use. The Town standards relate to minimum indoor and outdoor activity area as well as fencing. Should the town approve the amendment, a floor plan/site plan detailing compliance will be needed prior to approval of the use. Staff makes this recommendation after considering the Town’s original approval of the CU-GO-M request. This amendment allows the establishment of a principal use that had originally been planned as an accessory use, with the same development conditions. The subject property accesses a street recommended by the Metropolitan Planning Organization to be a collector street. The request is reasonable as it permits an additional use for a property that is already designated as appropriate for this commercial activity. The amendment is in the public’s interest as the proposed use can serve developing residential areas close to the site. Mr. Nuttall noted that the Planning Board recommended approval with a 6 to 1 vote. Those speaking in favor of the matter: Dr. Paul Kyler Morris, 7846 Athens Road, indicated that he and his wife are dentists here and they would answer questions.
No one spoke in opposition to the matter.
Mr. Flynt asked if there was a condition in the first rezoning request that set a maximum number of children that could attend the daycare. Mr. Nuttall indicated that there was not a specific number given as a condition of the first request. It was an accessory daycare use for employees. Mr. Flynt asked if there will be a limited number on this request. Mr. Nuttall indicated that there would be a limited number of children based on the State licensing requirements. Dr. Morris indicated that the State uses the square footage per room and the age of the children. They are already licensed as daycare for 36 children in North Carolina. A full site plan is not needed but a floor plan will be needed to see how the space is allocated. There is a calculation for the number of parking spaces that will be needed. Mr. Flynt asked if there is a threshold for the maximum number of children without having a larger kitchen facility and septic issues relating to a kitchen. Mr. Trevor said that there was not.
Mr. Flynt made a motion to approve the rezoning request. Mayor Jones stated that it meets the current rezoning requirements in the area. It is consistent with original plan used for the zoning of that property where before it was an accessory use and now it will primary and it is consistent with the zoning and land uses of the area and it meets the public need. Mr. Flynt agreed to make this a part of his motion. Mr. Richardson seconded the motion. Council voted 4 to 0 in favor of the amended rezoning.
ROLL CALL VOTE: Jones Aye Halbrook Aye Flynt Aye Richardson Aye__ Shelton Absent_
Guilford County Historic Preservation Commission Membership: Mayor Jones noted that Council had some materials regarding the Commission. Mr. Flynt asked what were the implications of the letter. Mr. Book 9, Page 1577
Nuttall said that he felt that it is the offer to the Town for a seat at the table for either a voting or a non-voting position with the Historic Commission. A property owner can continue to pursue landmark designation through the County regardless of the Town’s decision. Mr. Nuttall indicated that the position of Historic Planner was lost due to County budget cut. Mr. Trevorrow asked if the position would be absorbed by the County in some fashion. Mr. Nuttall indicated that his director. Mr. Niles will staff it in the short term. Mayor Jones made a motion to continue the matter until further information is available and until a future date when, at the Mayors’ direction, it can be placed on the agenda. Ms Halbrook seconded the motion. All Council members voted aye and the motion carried.
UNFINISHED BUSINESS: Watershed Allocation: 10/70 Rule: Mr. Nuttall indicated that the County was seeking direction on how to proceed from Council. Mr. Nuttall noted that Mr. Warren Simmons, Guilford County Guilford County Watershed Engineer, presented information to Council on the Reidsville watershed and the opportunity for the Town to request a certain amount for the 10/70 allocation An allocation to the Town will require approval from the State as well as text amendments to the Ordinance. It will allow 10% of a designated area within the Town to be developed up to 70% built upon area. He indicated that the Town might want to request 100 acres, which would be below the Town’s proportional share of the allocation. Mr. Flynt noted that the Town could establish a town district that would be served by the exemption of the 10/70 rules. The 10/70 rule could be used as a tool to help direct development. The Town Core area would be determined by Council’s adoption of the Land Use Plan. Mr. Flynt indicated that the Land Use Plan Review Committee would be making a presentation to the Planning Board and to Town Council next month followed by public hearings on the Plan. Mr. Flynt made a motion to pursue the 10/70 rule with the Town Core being the designated area and allow Mr. Nuttall to begin the research and to come back to Council and allow him to be working on the language for the ordinance changes that will be needed. Ms. Halbrook seconded the motion. All Council members present voted aye and the motion carried.
Jordan Lake Rules: Mayor Jones indicated that Council has written letters and he had visited with the members of the legislature in Raleigh regarding the matter. He noted that the news media is giving some coverage to the matter. Ms. Joyner noted that the public comment period has been extended until September 15. A letter has been prepared for Council's consideration which could be sent to the Division of Water Quality. Mayor Jones said that he felt that this was an unfunded mandate that the jurisdictions would be forced to subsidize the enforcement of these new rules. There are no appropriated funds to cover the expenses so that local jurisdictions would be asked to pay for it. The impact on the community from a tax standpoint is a concern. Mr. Flynt made a motion to send out the proposed letter under the Mayor’s signature. Mr. Richardson seconded the motion. All Council members present voted aye and the motion carried.
Water System: Transition to New Operator: Mayor Jones noted that the Town is in the process of changing operators of the Town Water System. Any citizen that currently has water service does not have to reapply for the service. August 1, 2007 is the date that the new operator will be in control of the system. The Clerk noted that the new company is logging in customer records. A letter was sent out in the last billing to customers explaining the changes that are taking place. Payments will now be sent to the new company.
COMMITTEE AND BOARD REPORTS: Long Range Finance Committee: Mayor Jones noted that two meetings were held regarding the Town Park and positive feedback has been received from citizens. Council is considering options for financing. Mr. Flynt noted that citizen input was sought concerning the activities that they would like to see in the Park. The activities were then ranked and the statistics will be available soon. A survey will be used to gather additional input from citizens. Book 9, Page 1578
Stokesdale Parks & Recreation Board Report: Fred Eisel, 7805 Perthshire Drive, indicated that baseball season is wrapping up. The seven to nine year olds have had tournaments at the Park with both fields being utilized all of this week. Soccer registrations are being held until July 28. Practice will start in August with games beginning in September. The program usually has about 250 children from 2 year olds up to 16 years old. Ashley Hicks runs the program.
Land Use Plan Review Committee: Mr. Flynt said that the Committee will meet Tuesday and a report will be made to Planning Board and Town Council at the next regular meetings.
Stokesdale Youth Football Association (SYFA): David Homol, co-founder and President of SYFA updated Council on the activities of the group. SYFA has become a financial sponsor of Stokesdale Parks and Recreation Initially there was concern about whether they could build enough local support of SYFA. After three registrations, there are 56 children signed up. Practices are every Tuesday and Thursday. They have ordered new equipment for all of the children. The season will start on August 27. All administrative requirements have been fulfilled for incorporation and bylaws have been submitted. The group has 501 c (3) status with American Youth Football Association. SYFA is fully insured. They are currently contracting for the use and maintenance of fields with Guilford County Schools. Seven coaches attended USA Football Carolina Coaching School in June. They have had 744 web hits on the website showing interest in SYFA.
Clay Walker said that they anticipate doubling the number of teams next year. They are excited about the multipurpose fields planned by the Town and hope to play there. He noted that their total cost is $18,558.00 which leaves a deficient of $10,878 and they need help. He said that they are volunteers and do not receive any salaries. Mr. Flynt asked Mr. Walker if he is the football coach at Oak Level. He asked if they placed in a national championship and Mr. Walker responded that they were runner-ups. They have had 13 to 16 players with four seniors on the team.
Mayor Jones asked for SYFA to provide their budget and the amount of their request, the articles on incorporation, the 501 c (3) paperwork, and insurance documents at the next meeting. Mr. Flynt seconded the motion. Mr. Flynt noted that Council is short one member and a full vote of Council is preferred. Mr. Shelton was unable to attend due to the death of his sister. All Council members present voted aye.
Departmental and Administrative Reports: Finance Report: June, 2007: The Finance Office indicated that assets increased slightly over the previous month. Income was increased due to several CD’s that matured. Payments were made to Guilford County Finance Department for 1st quarter law enforcement, Stewart-Cooper-Newell Architectures was paid $13,845.68 for architectural services and Council was paid stipends. The General Funds Savings Account shows the deposit of Utility Franchise Tax in the amount of $39,849.68.
Accounts Payable showed invoices for the following: $1,893.50 for fire code investigations; $17,723.66 for 2nd quarter for Law Enforcement with a note that their could be additional charges due to the ending of the fiscal year; $3,500 from Vaughn Surveying for a topographical survey of the Town Property, and $374 for membership dues to the School of Government.
Four General certificates of deposits matured during the month of June. Interest Earned totaled $30,552.91. They were reinvested at about 5%, which was an increase over the previous rate. Two water Sewer Fund Certificates matured and earned $10,986.22 in interest. They were combined into one certificate and reinvested for 4 months at 5%. Water Enterprise checking accounts showed routine transactions. Accounts Payable shows invoices for two months from MLP Construction Company. Book 9, Page 1579
Mayor Jones noted that at times when the Finance Officer checks interest rates, funds may need to be transferred before a meeting is scheduled in order to obtain higher interest rates on Town investments. When interest rates are higher at other institutions, it may be opportunities to make the changes and it would need to be done quickly when the certificates mature. Mr. Flynt agreed with Mayor Jones that the Town should shop other banks. Mr. Flynt made a motion to authorize the Finance Officer to transfer funds with the approval of the Mayor or the Mayor Pro Tem. Ms. Halbrook seconded the motion. All Council members present voted aye and the motion carried.
Administrative Report: The Town Clerk did not have a report.
LEGISLATIVE ACTION: Consider a Resolution Against House Bill 1587 “The Local Government Fair Competition Act”: Mayor Jones indicated that this Bill has entered into the General Assembly and has passed from the House Public Utilities Committee to the House Finance Committee for consideration. It deals with high-speed broadband services. The Finance Officer noted that it affects municipalities’ ability to provide broadband service for citizens while allowing private cable companies to provide the service. The League of Municipalities has asked for support of efforts being made against the bill. Mayor Jones made a motion to approve the resolution. Mr. Flynt seconded the motion. All Council members present voted aye and the resolution was approved. A copy of the resolution is hereby incorporated into and made a part of the minutes of the meeting.
OTHER BUSINESS: Resolution Designating an Official to Make Recommendations to the ABC Permit Applications: Mayor Jones noted that the Town has had a representative of Council who would make recommendations to the ABC Board when there is request from an entity that wishes to sell alcohol in the city limits. He noted that Ms. Hardin, Mr. Attaway, and Mr. Berry has held this position in the past. Now that Mr. Berry has stepped down, another person should be appointed to the position. The individual would review and make recommendations for the Town’s position. Mayor Jones nominated Mr. Richardson saying that he has background in Public Safety and he would do well in the position. Ms. Halbrook seconded the motion. All Council members present voted aye and the resolution was adopted. A copy of the resolution naming Mr. Richardson as the Town Representive is hereby incorporated into and made a part of the minutes of the meeting.
ANNOUNCEMENTS: Mayor Jones read the announcements listed on the agenda.
Comments from the Floor: No comments were made.
Comments from Council: Council had no further comments.
Adjournment: Mr. Flynt made a motion to adjourn. All voted in favor of the motion. The meeting adjourned at 8:34 PM.
___________________________________________ Carolyn L. Joyner, Town Clerk Approved:
___________________________________________ Randle L. Jones, Mayor Book 9, Page 1580
APPROVED BY COUNCIL: September 20, 2007 Official Copies of the Town Council minutes are available at Town Hall for a nominal copy fee.
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