Stokesdale, North Carolina
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Stokesdale, North Carolina
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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, June 21, 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 Powell Shelton. Mickie Halbrook arrived while the meeting was in progress.
Others present included: Trevor Nuttall and Warren Simmons, 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. Eileen Thiery asked to placed on the agenda for a clarification on appropriate time to voice opinions on matters and the notification that is given. Mayor Jones suggested that Ms. Thiery should be added as the Item #1 under New Business. Mr. Flynt made a motion to approve the agenda as presented with the additional item. Mr. Shelton seconded the motion. All Council members voted aye and the agenda was adopted.
The Clerk noted that the minutes for May 17, 2007 were not available. Mr. Shelton made a motion to approve the minutes of March 27 and April 19 meeting without reading. Mr. Richardson seconded the motion. All Council members voted aye and the minutes of the Special Meeting held on March 27 and the regular Town Council Meeting of April 19, 2007 were approved.
NEW BUSINESS:
Eileen Thiery, 8101 Meadow Springs Place, Stokesdale, asked when a site plan or project is approved and when is a notice published and the time frame to voice an opinion. She asked if there is a statement saying that there is a 15 day open window when you can make comments. Mayor Jones said that depending on the type of action, notices are published in the newspaper before the public hearing is held and notices are also posted on the property. Mr. Trevorrow said that the public meeting is held at the date and time that is published in the newspaper and all comments from the public are taken that evening at that time and place and there is no extension. Mayor Jones noted that some items come before the Planning Board and then come to Council and some matters are determined by the Planning Board but they can be appealed to Town Council. Mayor Jones stated that an appeal is a situation where someone takes issue with a decision and appeals the decision and asks for a review of the decision to the next higher level. For Planning Board, appeals would go to Town Council and for Council decisions could be appealed to the Courts. Ms. Thiery asked more questions about whether comments are considered or just heard. Mr. Flynt noted that letters are sent out to adjoining property owners regarding the specifics of the case and with the time and place of the public hearing when comments can be made. Mayor Jones clarified that the general statutes requires certain notices to be published depending on the type of request being made. All meetings are public meetings.
Ms. Halbrook arrived at this time.
Report from Guilford County Sheriff’s Department: A representative of the Sheriff’s Department was not present.
PUBLIC HEARING AND ADOPTION of 2007-2008 BUDGET ORDINANCE #65: Mayor Jones opened the public hearing on the Budget. No one came forward to speak regarding the Budget. Mayor Jones closed the public hearing. Book 9 Page 1550 Mr. Shelton indicated that an increase of 4% had been included in the salary figure had been shown in the worksheet. Mr. Shelton said that he had done some research with the Department of Labor. Last year the cost of living increased by 2.5% and this year it has increased by 3.2%. Mr. Flynt suggested that a cost of living as well as a merit increase for performance would be in order. Mr. Flynt made a motion to increase the Clerk’s salary to include a 3% cost of living and a 3% merit increase. Ms. Halbrook seconded the motion. Mr. Shelton said that he and Mr. Richardson had worked on the Budget and felt that 4% was a starting point to work with. Mayor Jones asked if the budget would be balanced with the change. Ms. Joyner indicated that the offset for the increase would be a change in Undesignated Fund Balance. The total budget of $413,000 would not change.
Ms. Joyner noted that Council may wish to consider the issue of the cost of an update for the Development Ordinance. According to an estimate that Mr. Nuttall had provided, the cost of Municode for the basic conversion was $6,000 to $8,000 with an annual cost of $1,000 to $2,000 to update each year. Mayor Jones questioned whether it would be better to wait until another budget year since the Ordinance will be reviewed this year. Mr. Trevorrow suggested that the Ordinance is becoming outdated and the budget can be amended after the review of the Ordinance since several changes have already occurred and an update is needed. Mr. Nuttall noted that Municode would be an online web-based Ordinance. When updates are made, they would provide hard copies and post it on the website.
At this point, Mayor Jones called the question on Mr. Flynt’s motion to increase salaries. All Council members voted aye and the motion carried.
Mr. Flynt made a motion to include a line item under Administration in the budget of $8,000 for an Ordinance update. A more in-depth analysis of an update for the Ordinance can be made. Mayor Jones seconded the motion. All Council members voted aye and the motion carried.
Mr. Flynt thanked the committee for their hard work and for the fact that there will not be a tax this year although it may have to be considered in the future. The Budget meets the Town’s needs. He made a motion to approve the Budget. Mayor Jones seconded the motion. All Council members voted aye and the Budget Ordinance #65 for FY 2007-2008 was adopted. A copy of the Ordinance is hereby incorporated into and made a part of the minutes of the meeting.
UNFINISHED BUSINESS: Watershed Allocation: Guilford County Watershed Engineer Warren Simmons addressed Council on watershed options for Council to consider. He provided a handout for Council.
The first issue was the 1/70 Provision. The total area in the Reidsville Watershed, as delineated on July 1, 1993 was 2,720.48 acres. Stokesdale portion of the watershed would be 2,134 acres leaving approximately 586 acres in unincorporated area. Approximately ten percent (10%) of this, or 272.05 acres can be built at 70% impervious surface rather than the normal 50 % since this is a WS III watershed. This is for commercial/industrial use and not residential uses. Since 1993 only 0.84 acres has been used to date. The State allows the County to transfer all or a portion of the 10/70 provision land to another jurisdiction as long as they are in the same watershed. Oak Ridge asked for 100 acres. Possibilities for Stokesale include the following: · Transfer 100 of the 10/70 Provision from Guilford County to Stokesdale · Transfer Proportionate share of 10/70 Provision from GuilfordCounty to Stokesdale (213.4 acres) · Retain current distribution
Mr. Simmons noted that Stokesdale could request all or a portion of the transfer upon submittal of a joint resolution to the Environmental Management Commission in Raleigh who would approve it. When it is used, the numbers are tracked and must be sent to Raleigh.
Mr. Flynt noted that there are some old established businesses in the Central Business District that are located on very small lots. This is a handicap and it places an undue hardship on some when they want to Book 9 Page 1551 make improvements to their property. He asked Mr. Simmons what he would recommend and how could it be allocated. Mr. Simmons said that it is given out on a first come basis. It may not be used as much as you would think it would be.
The protected area of the Dan River Watershed was reduced by the Environmental Management Commission in 1998. The reduction limited the protected area to Rockingham and Stokes Counties and the Town of Madison. There was no protected area in Stokesdale or Guilford County. The Town chose to protect the Dan River Watershed to the State’s WS-IV regulations. This watershed is limited to 70% and it will become the same as the non-water supply area that has no upper limits to the amount of impervious surface that you can have. The Town could remove the protected area at any time.
Mr. Simmons noted that there are five options that Council may consider to provide some relief in the Central Business District (CBD). They are: 1. Transfer of Development Rights (TDR) – For Individual Parcels. This might occur if Property Owner A needed more impervious surface but he is limited since his parcel is not large enough and there are no adjoining property owners who are willing to sell their property. If a parcel of land can be found at another location, he could bargain with Property Owner B who would give up his development rights and when combined, Owner A would be collectively be a lower percent. This would take a processing through the State and tracking of the agreements. 2. Average of Development density over the Jurisdiction‘s a watershed area: Rather than counting impervious surface for each parcel, it would be a combined total for the entire jurisdiction. If you are less than 24% then you develop up to that with no protection or you could develop the entire site up to 50% with appropriate watershed protection. 3. Designate a CBD boundary limit with parcels within the CBD to be developed at a higher BUA, to be balanced with an equal area developed at a lesser amount so that the regulated percent is maintained. 4. Designate a CBD boundary limit with parcels within the CBD to have the existing BUA exempt according to State Rules. There is a distinct difference in the County and State rules. With the State at a certain point in time, they will allow you to exempt out any existing impervious area. They work with 24 % and 50% based on the undeveloped land. The County says that once the area is exempt, until such time that new development occurs, then you have to bring the entire site into compliance. It is limited to 50% total. If the 10/70 was in place then you could go up to 70% of the undeveloped area. Once you exceed the 24%, some type of treatment for the new development must be provided. 5. Construct a neighborhood water quality device for use by the whole downtown area, as opposed to each parcel having an individual device. High Point has a system such as this with three regional ponds. For a one-time fee, owner can buy into a regional pond rather than have an individual device on their property.
Mayor Jones said that the main concern has been downtown area with the older buildings and trying to protect and preserve them. He asked Mr. Simmons which of the suggestions would have the most merit to protect the existing downtown. Mr. Simmons said that #4 above may be the best with a certain percent up to a specific date and possibly combine it with a date that corresponds to the dates of aerial photographs of the area so the amount of impervious surface that existed could be documented. Mr. Simmons also indicated that a regional device (#5) might also be considered.
Mr. Flynt mentioned that someone is trying to convert the Dr. Edwards house beside the Stokesdale Service Center to a real estate office and they are having problems with having adequate parking. If the 10/70 or some alternative, it could be converted to a business rather than being used only for a residence. With the location, the traffic and roads on three sides, most people would not want it as a residence. He also mentioned the hair salon on Main Street that had to install a sand filter and had a hard time with it and having parking. The 10/70 would have made it easier. It is trying to protect some existing businesses.
Mr. Simmons indicated that he went out and looked at the drainage at the real estate office and found that the property is exempt from existing built upon area due to the way that the water flows.
Anthony Vaughn agreed with Mr. Simmons suggested that the Town should look at Item #4 in combination with the 10/70 rule. Mr. Flynt said that the Land Use Plan Committee was looking at designating the Book 9 Page 1552 central business district and hopes to have something to Council in July. Mr. Nuttall said that with the update of the Land Use Plan, Council would have a rational basis for why special consideration would be given to a specific area where you want to focus growth and give some relief to that area for existing built upon area as an incentive to encourage non-residential growth.
Mr. Shelton made a motion to place the matter on the July agenda. Ms. Halbrook seconded the motion. Mayor Jones noted that basically it is a recommendation for #4 in the short term and #5 at a later date. All Council members voted aye.
Consider Audit Contract: The firm of Cannon and Cannon had dropped the contracts by Town Hall for signatures for the upcoming audit. The contract tracks with their proposal for a three year term. Mr. Flynt made a motion to adopt the contract. Mr. Richardson seconded the motion. All Council members voted aye and the motion carried.
Water System Transition to New Operator: Mayor Jones noted that the proposed agreements are here. Although there is not an existing contract, the previous contract called for a 30 day notice with the new agreement entered as of that date. Mr. Flynt made a motion to set August 1 as a transition date form MLP to Meritech and authorize Mayor Jones and Mr. Trevorrow signatures on the contract. Ms. Halbrook seconded the motion. All Council members voted aye and the motion carried.
Committee and Board Reports:
Long Range Finance Committee: Mayor Jones noted that public meetings for two Park workshop swill be held as noted in the announcements on the agenda. The workshops will relate to the development of the Town Park. The Town architects will be available to answer questions and take comments regarding the plans for a park.
Stokesdale Parks & Recreation Board Report: The Clerk indicated that Mr. Eisel was unable to attend the meeting.
Land Use Plan Review Committee: Mr. Flynt said that the Committee was planning to make presentation to the Planning Board and to Council at the July meetings. He felt that it would be a positive proposal and look forward to Council’s consideration. Mr. Trevorrow suggested that the public should be given ample time to review and comment on the documents prior to Council consideration of the adoption of the document.
Finance Report: May, 2007: The Finance Officer indicated that the assets had increased slightly for the month of May. Water Enterprise Checking Account transactions include payments of $5,034.28 to the City of Winston Salem for water; $2,004.83 was paid to Yates Construction for the installation of meters and one tap service; and $230 was paid to Marziano & McGougan for an inspection on Phase 3 of Angels Glen Subdivision. Accounts Receivable for the Water Enterprise has not changed because reports were not received from MLP Construction. Accounts Payable includes an invoice from Winston for $5,499.36 for the purchase of water. The Water Enterprise savings account reflects the deposit of a couple of tap fees that were paid to the Town. The General Fund Checking Account transactions includes payment to Guilford County Emergency Services for fire inspections that were made in FY 05-06 which had not been billed previously to the Town; Hostway Services was paid $167.40 for hosting fees for the Town website; and the News & Record was paid $2,345.84 for advertising. Ms. Joyner noted that the Town’s website has been updated with a new format. The General Fund Savings Accounts shows deposits of $1,541.18 from the ABC Profits and $18,009.89 from the Alcohol Beverage Tax Distribution. Five Certificates of Deposit matured during the month of May and earned a total of $26,768.04 in interest. They were renewed for slightly less than 5% for terms of 9 to 12 months.
Administrative Report: The Clerk reported that there will be a public hearings on the Jordan Lake Rules at two meetings on July 12 & July 17. Mayor Jones noted that he had been in Raleigh recently and had
Book 9 Page 1553 spoken with members of the Guilford delegation who had received letters from the Town. The Clerk noted that written comments may be submitted until August 14 to NCDENR - Division of Water Quality.
Legislative Action: Consider an Ordinance Declaring Speed Limit of 40 MPH on a portion of Haw River Road: The Clerk noted that the Town did not have an Ordinance to cover the portion of Haw River Road from NC 68 east to the near the Pine Needle LNG facility. Mr. Flynt made a motion to adopt Ordinance #66. Mr. Shelton seconded the motion. All Council Members voted aye and Ordinance was adopted. A copy of Ordinance #66 is hereby incorporated into and made a part of the minutes of the meeting.
Amend Ordinance #18: Happy Hill Road: The Clerk noted that it is a change from .58 miles north of Warner Road to a point .62 north of Warner Road. Mayor Jones made a motion to adopt the amendment. Mr. Richardson seconded the motion. All Council members voted aye. A copy of amended Ordinance #18 is hereby incorporated into and made a part of the minutes of the meeting.
Amend Ordinance # 19: Warner Road: The Clerk noted that the amendment is to change the distance on Pearman Quarry Road. Mr. Flynt made a motion to adopt the amendment. Mr. Shelton seconded the motion. All Council members voted aye and the amendment was adopted. A copy of amended Ordinance #19 is hereby incorporated into and made a part of the minutes of the meeting.
Amend Ordinance #26: Ellison Road: The Clerk indicated that the proposed amendment would cover all of Ellision Road rather than a portion of it. Mr. Shelton made a motion to adopt the amendment. Mr. Richardson seconded the motion. All Council members voted aye and the amendment was adopted. A copy of amended Ordinance #26 is hereby incorporated into and made a part of the minutes of the meeting.
Amend Ordinance # 11: Rescinding/Declaring Speed Limit on a portion of NC 65: The Clerk noted that Council had asked NCDOT to review the current 55 MPH speed limit on this portion of NC 65. NCDOT has recommended that the speed limit be lowered to 45 MPH. Mr. Flynt made a motion to adopt the amendment ordinance. Ms. Halbrook seconded the motion. All Council members voted aye and the amendment was adopted. A copy of amended Ordinance #11 is hereby incorporated into and made a part of the minutes of the meeting.
Resolution to Add Athens Road Connector to the State Maintenance System: Mayor Jones indicated that this was the new section that was added for access to Stokesdale Elementary School. Mayor Jones made a motion to adopt the resolution. Ms. Halbrook seconded the motion. All Council members voted aye and the resolution was adopted. A copy of the resolution is hereby incorporated into and made a part of the minutes of the meeting.
Budget Amendment: The Finance Officer indicated that Budget Amendment #2 was for FY 06-07 for the purpose of adjusting the funds that had been budgeted for sale of water. The error had been apparent during the preparation of the budget for FY 07-08. Water Sales would decrease by $100,000 with a decrease of $58,000 in the Capital Reserve Fund and a transfer of $42,000 from the Water Sewer Fund. Mr. Flynt made a motion to adopt the proposed budget amendment. Mayor Jones seconded the motion. All Council members voted aye and the Budget Amendment was adopted. A copy of Budget Amendment #2 is hereby incorporated into and made a part of the minutes of the meeting.
Resolution for Naming of the Northwest Guilford High School Gymnasium: Mr. Shelton said that he strongly supported adoption of the resolution and the naming of the Northwest Guilford High School Gymnasium as the Roger L. Nelson Gymnasium based on his record as a coach and principle of Northwest Middle and High Schools. Mr. Shelton made a motion to adopt the resolution. Mr. Flynt seconded the motion. All Council members voted aye and the motion carried. A copy of the resolution is hereby incorporated into and made a part of the minutes of the meeting.
Other Business: There was no other business coming before Council.
Book 9 Page 1554 Announcements: Mayor Jones read the announcements listed o the agenda.
Comments from the Floor: Kathleen Hommel, 8508 Deer Path Court, Stokesdale, asked if there will be an increase in the fees with the change to the new water system operator. Mayor Jones answered that there will not be an increase. She thanked Council for the reduction in speed limit on NC 65. She asked if the Land Use Plan Review Committee and the Park Workshops would take public comments at those meetings. Mr. Flynt indicated that public comments would be welcomed. She also asked for the Planning Board agenda for the July 5 meeting. Mr. Nuttall indicated that there is one rezoning request for the dentist office on Athens Road to modify an existing use. There is also a site plan for an office and professional services development on the west side of Prince Edward Road. The Planning Board will review to determine if the developer has met the requirements of the Stokesdale Development Ordinance. He also noted that public comments are welcomed at public hearings for the rezoning of property. The Planning Board role on July 5 will be their review and looking for compliance with the Ordinance and if the plan meets those requirements, then the Planning Board is in a position to approve those plans.
Ms. Hommol noted that when she bought her home, she knew that a shopping center would be built nearby and possibly include a Food Lion. She said that she was surprised that a Dollar General would be placed there because she feels that Stokesdale deserves better. She said that she realizes that Council cannot change it now but wishes that she could have commented on the plans. She submitted a photo of a Dollar General that is located in Walkertown to Council and expressed the desire that Stokesdale store will not turn into the kind shown in the photo. She expressed hope that it will be a brick building and eliminate some of the metal that is being used in the industrial section. She asked if Council can establish some Ordinances to control this type of thing. Mayor Jones indicated that several years ago Council attempted to establish ordinances that would restrict some things and people did not want it.
Ms. Thiery said that convenience should not be sacrificed for the values of the Town. She said that she liked to see cows along the road and that she loved the old barns in the area and hopes that some of the area can be preserved. Mayor Jones said that it has been the goal of Council to keep the rural integrity of the community although some change is inevitable. Council tries to make change painless as possible and have it to fit into the community as much as possible.
Ms. Thiery asked if there is some way for the Town to get a new Post Office. Mayor Jones noted that Council has gone to the Postal Service and to all of the Congressmen and have offered them land, and they would not agree. He noted that the Post office is not meeting the needs of the community. Letters have been sent to Congressman Coble.
James Attaway, 8303 Knight Village Circle and a former member of Council, indicated that he has been in contact with Richard Burr about a post office and was told that the Town is on a list but post offices destroyed by storms had to be rebuilt first.
Comments from Council: Mr. Flynt encouraged citizens to come forward to file as a candidate for Council. He said that it is one of the most rewarding jobs that he has had and it is an extraordinary opportunity to serve your community. He also said that he will not be a candidate for Town Council in the future.
Mayor Jones noted the job is rewarding but not monetarily and that Mr. Flynt has done an outstanding job as a member of Council and hopes that he will reconsider. He has bought a lot of expertise to Council, especially to the planning and zoning issues and it has been a pleasure to work with him.
Book 9 Page 1555
Adjournment: Mr. Flynt made a motion to adjourn. The meeting adjourned at 9:12 PM.
___________________________________________ Carolyn L. Joyner, Town Clerk
Approved:
___________________________________________ Randle L. Jones, Mayor
APPROVED BY COUNCIL: July 19, 2007 Official Copies of the Town Council minutes are available at Town Hall for a nominal copy fee.
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