MINUTES OF THE WHITSETT PLANNING BOARD
The monthly meeting of the Whitsett Planning Board was held at 7:00 p.m., Wednesday, May 2, 2007, at the Whitsett Town Hall. In attendance: Board Chairman Bob Maccia, Board Vice Chairman Joe Wheeler, Paul Lewis, and Councilmember Jerry Rice.
Absent: Evelyn Rutkoski, Patrick Hickey, Jr., Homer Moser, Sharon Hunt, and Christy Saunders. Also present from Whitsett was Ella Efird as a prospect to serve on the Planning Board; and from Guilford County Department of Planning was Greg Niles.
Planning Board Chairman Bob Maccia called the meeting to order, noting a quorum was present; and welcomed Mr. Greg Niles, Director of the Department of Planning and Development for Guilford County.
1.
Adoption of
Minutes
Planning Board Chairman Bob Maccia asked for any changes to the minutes
from the Planning Board meeting on April 4, 2007. Motion made by Board
Vice Chairman Joe Wheeler to adopt the minutes from the April 4 meeting
as presented; seconded by Board member Paul Lewis. Motion carried by unanimous vote.
Board Chairman Bob Maccia presented some minor changes that needed to be made to the April 2 final draft of the Lighting Ordinance prior to its presentation in final form to the Town Council on Tuesday, May 8, with subsequent public hearing. Chairman Maccia pointed out that (1) the reference to “NEC” (National Electric Code) would be changed to “NSC” (National Safety Code); (2) the statement that foot candles are to be measured at “ground” level would be changed to “horizontal” level; (3) any reference to “Duke Power” should have read “Duke Energy”; (4) the rule pertaining to fixtures being at least 10 feet from property lines would now include an exception whereby if two adjoining property owners agree, fixtures may be placed on the shared property line; and finally,
(5) the DO numbering would be changed from Article VII to Article X, and then reworked throughout.
At this point, Chairman Maccia invited input from Greg Niles who apprised the Planning Board of his concerns, primarily in three areas: (1) Issuance of Permit, (2) Amendment to Permit, and (3) the Appeal process.
Mr. Niles briefed the Board on the sequence of steps in the issuance of permits by his department in order to clarify the role of the “certified lighting professional” as currently stated in the draft ordinance. He explained first that Guilford County does not have on its staff a specialist of this sort, nor is it their responsibility to provide such. More to the point, the burden of retaining a certified lighting professional is actually on the project applicant, i.e., the developer, business owner, property owner, etc. This certified specialist works on behalf of the project applicant from the outset of development to the project’s completion; and interacts with the County from securing the permit to proceed with construction to, upon completion of installation, the County’s issuance of the final certificate of occupancy.
From experience, Mr. Niles cautioned to keep in mind that that there may be some situations open to complaint that would never rise to a permit issue, so it would fall back to the Town for enforcement. He suggested that to handle this instance, the Town may want to consider declaring excessive lighting a public nuisance, which could give the Town grounds to say, through its Enforcement Officer, that lighting spilling off a property is deemed a public nuisance; and that wattage, for example, would need to be changed.
Mr. Niles incidentally mentioned that there would be no fee (as currently referenced in the draft) for the County’s service specifically related to outdoor lighting; that, in fact, it would be covered in the annual contract between his department and the Town for administering permit and inspection services for Whitsett.
With regard to the section on “amendment to permit,” Mr. Niles suggested less misleading language, perhaps by referencing alternative lighting methods where site specific circumstances may require the project applicant to propose a variation for consideration and approval by the Planning Board.
A final concern related to the appeals process. Mr. Niles recommended that appeals begin and end at the Town level because if an appeal comes to the County and there is no resolve, it then goes to the Department of Insurance at the State level. If there is anyway to avoid this course, Mr. Niles would recommend Whitsett do so.
In a wrap-up, Mr. Niles asked for the opportunity to, from the County perspective, relook at these three areas in the draft, put together some suggested rewording or refinements, and coordinate changes with Planning Board member Evelyn Rutkoski who has had primary responsibility for development of the outdoor lighting ordinance. Revisions would then be presented to the Town Council prior to the ordinance adoption at public hearing.
As a final note, Mr. Niles applauded the efforts of the Whitsett Planning Board
in producing a fine outdoor lighting ordinance that he said the Guilford County Department of Planning and Development would be happy to enforce.
3.
Review of
Proposed Sign Ordinance for Public Hearing
Board Chairman Maccia reported that he would consult with the Town Administrator to confirm that all elements of the sign amendments are in order
for the June public hearing.
4.
Any Other
Old Business
Board Chairman Bob Maccia asked for any other old business; and there was none.
1.
Dedication
of Whitsett Historic Road Marker – Tentative July 14
Board Chairman Bob Maccia stated that the Town Council delegated to the Planning Board the responsibility for planning this community event scheduled for Saturday, July 14, which signifies 16 years [and one day] since the Town of Whitsett became incorporated.
The celebration will be publicized locally; and the Planning Board will handle sending invitations to neighboring towns/communities, public officials, and dignitaries at the direction of the Town Council. Weather permitting, the event will be held outdoors with hamburgers, hot dogs, ice cream, beverages, or the like served; and the ballfield concessionaires would be approached as to their availability and interest in handling provisions.
Placement of the historical road marker still needs to be determined; and the Town Hall grounds will likely be the locale for the festivities. The Planning Board is open to any suggestions, especially with regard to local catering possibilities; and awaits further direction from the Town Council as well.
Board Chairman Maccia reported that two Whitsett residents had expressed interest in serving on the Planning Board, adding that the Board currently has
a vacancy for an alternate seat. Chairman Maccia further explained that due to non-attendance, two resignations of alternates--Christy Saunders and Sharon Hunt--were pending (yet expected via verbal agreement), with official notification to follow; thereby opening up two additional seats.
Ella Efird, who had previously served on the Planning Board, was present at tonight’s meeting as one of the interested parties to fill a Board vacancy. Her application will be presented to the Town Council on May 8 for approval.
Board Chairman Bob Maccia asked for any other new business to be discussed; and there was none.
With no further business before the Board, Planning Board Chairman Bob Maccia invited a motion to adjourn. Motion made by Board member Paul Lewis to adjourn; motion seconded by Board Vice Chairman Joe Wheeler. By unanimous vote, the meeting was adjourned at 7:40 p.m.
The next meeting of the Whitsett Planning Board is scheduled for 7:00 p.m., Wednesday, June 6, 2007, at the Town Hall.
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______________________________ _________________________________
Jo Hesson, Town Clerk Bob Maccia, Planning Board Chairman