MINUTES OF THE WHITSETT PLANNING BOARD
March 7, 2007
The monthly meeting of the Whitsett Planning Board was held at 7:00 p.m., Wednesday, March 7, 2007, at the Whitsett Town Hall. In attendance: Board Chairman Bob Maccia, Board Vice Chairman Joe Wheeler, Evelyn Rutkoski, Paul Lewis, Homer Moser, and Councilmember Jerry Rice. Absent: Patrick Hickey, Jr., Sharon Hunt, and Christy Saunders. Also present was Town Administrator Gary Deal and Councilman Ken Jacobs.
Planning Board Chairman Bob Maccia called the meeting to order, and seated Board Alternate Homer Moser to vote.
1.
Adoption of
Minutes
Minutes from the Planning Board meeting on February 7, 2007. Motion made by Homer Moser to adopt the minutes from the February 7 meeting as presented; seconded by Paul Lewis. Motion carried by unanimous vote.
The Planning Board and the Town Administrator discussed the possibility of setting up a work session to focus on finalizing the lighting ordinance for recommendation to the Town Council. An evening meeting suited most, and would be scheduled soon.
Town Administrator Gary Deal gave an overview of a revised Guilford County Watershed Protection/Stormwater Management program which ensures the County’s compliance with new State and Federal rules and regulations concerning stormwater runoff. As mandated, Phase II of the National Pollutant Discharge Elimination System (NPDES) as it is formally called, will become effective
July 1, 2007.
Guilford County has asked the State for approval to provide local administration and enforcement to interested municipalities; and the County, in turn, is asking Whitsett if it wants to participate in the County providing this service.
Town Administrator Deal explained that if Whitsett chose to delegate authority to the County, it would be nothing new since when Whitsett became incorporated, one of the contracts the Town had with Guilford County was for critical watershed administration. Mr. Warren Simmons, the County engineer who has been responsible for this oversight is scheduled to give a formal presentation at next Tuesday’s Town Council meeting; and Town Administrator Deal simply wanted the Planning Board to be aware of this NPDES implementation and its impact prior to the Council meeting.
Town Administrator Deal took the Planning Board through the 43 pages of Environmental Regulations including a 2-page list of prohibitive uses. Deal further explained that although enforcement would cover all of Whitsett, only
the Town property south of highway 70 would be affected since it lies in a watershed critical area. In addition, the new rules would apply to only new development or redevelopment in this area.
Town Administrator Deal asked the Planning Board to review the County document and feed any questions or concerns to Board Chairman Maccia or himself to present at Tuesday’s meeting.
In summary, three options are before the Town in abiding by County, State, and Federal regulations:
1) Deal with the State directly,
2) Manage the program locally, or
3) Delegate to the County
The first two options were discouraged because 1) as Ken Jacobs pointed out, with the State there is a time factor of months for clearance, and 2) Gary Deal said that he knew of no one locally who would be available or be qualified to carry out review and approval for all clearances.
The third option of delegating authority to the Guilford County Planning Department is familiar and what may likely occur at the Town Council meeting next Tuesday. Should the Town choose County administration and enforcement, the Town would need to:
1) Adopt a resolution delegating local administration and enforcement authority to Guilford County.
2) Amend current Town stormwater provisions by adopting the revised Guilford County ordinance.
3) Execute an interlocal agreement with Guilford County to formally request and agree to the delegation of stormwater administration and enforcement to Guilford County.
The County would also require some compensation for its services; but Town Administrator Deal has been assured that it would be nominal—and maybe none at all while the process is being launched.
(A copy of Guilford County’s package including the cover letter, the proposed draft resolution for the Town’s acceptance, and the 43 pages of County amendments to their stormwater/watershed ordinances is being retained as part
of the official file and record.)
Board Chairman Bob Maccia turned attention to the topic of reporting violations, most recently revised and adopted June 13, 2006, which reads: “In addition to
the remedies of the local government hereunder, if land or property is used in violation of this ordinance, any adjacent or neighboring property owner who would be affected by such violation may submit a signed complaint in writing
to the Town of Whitsett.”
The terms in question are “adjacent” -- “neighboring” -- “affected.”
Board member Evelyn Rutkoski handed out copies of an excerpt from the
June 13, 2006 Town Council meeting where Town Administrator Gary Deal
then stated that “an example [of affected] would be in using the Sasser lighting situation and how it affected Patrick Hickey, who is not an adjacent property owner; but, is a neighboring property owner, and has reason to issue a complaint regarding the bright lights and how they are shining on his property.”
Board member Rutkoski pointed out that adjacent connotes a bordering property-- in actuality property lines. Affected, however, translates to having a detrimental impact on; and, neighboring, in her opinion, could be widespread and interpreted to mean any resident in Whitsett. A clear definition of “neighboring” was requested.
Homer Moser brought up the issue of violations being a health risk; and Town Administrator Gary Deal stated that if the environment or health were threatened, the Health Department was, in all circumstances, alerted and responded to check out the situation. Even so, perhaps the Board should consider including the wording of “environmental” or “health” for emphasis and clarification.
Board member Joe Wheeler touched on the issue of anonymity when registering a complaint. Town Administrator Deal stated that the Enforcement Committee does not reveal who files a complaint. But, Joe Wheeler contended that if only an adjoining neighbor can complain, it is easy to figure out; and often the neighbor with a legitimate complaint will do nothing to avoid conflict. On the other hand, Joe Wheeler described that he passes an eyesore daily in his going and coming and yet cannot complain because his property is not connected. Joe Wheeler closed in stating that what is even more objectionable [than who can and who can’t file a complaint] is the bad reflection these instances have on the Town.
Ken Jacobs explained that the last complaint the Enforcement Committee acted on did not involve adjoining properties; and that he, as a member of the Committee along with Town Administrator Deal, felt obligated to investigate
all legitimate complaints and determine what action to take.
Evelyn Rutkoski again raised the term “neighboring” to encompass anyone
in the Town of Whitsett. Furthermore, if someone is in clear violation of a Development Ordinance, any Whitsett resident should be allowed to file a written complaint with the Enforcement Committee for review and evaluation. Otherwise, the Town is defeating the purpose of even having Development Ordinances.
Ken Jacobs suggested that since interpretation of the three terms suggests some legal issues maybe the Town should look to its attorney for legal definitions.
Chairman Bob Maccia cited that Elon is proposing to tighten its ordinance whereby it would no longer limit frontyard violations that can be detected, for instance, in a rideby; but, would actually extend it to investigating sideyards, backyards, carports, etc.
Queries and ideas among the Board ranged from going the route of Elon,
to turning over enforcement to Guilford County via contract and have Guilford County uphold Town ordinances and allow no grandfathering. Discussion concluded with determining that the latter method should probably not be favored for Whitsett.
Meanwhile, further discussion on violations would be resumed at a future Planning Board meeting.
With no further business before the Board, Planning Board Chairman Bob Maccia invited a motion to adjourn. Motion made by Homer Moser to adjourn; motion seconded by Joe Wheeler. The meeting was adjourned at 8:00 p.m.
The next meeting of the Whitsett Planning Board is scheduled for 7:00 p.m., Wednesday, April 4, 2007, at the Town Hall.
/s/ /s/
______________________________ _________________________________
Jo Hesson, Town Clerk Bob Maccia, Planning Board Chairman