MINUTES OF THE WHITSETT TOWN COUNCIL
March 13, 2007
Whitsett Town Hall Building
The regular meeting of the Town Council of the Town of Whitsett was held at
7:00 p.m., Tuesday, March 13, 2007, at the Whitsett Town Hall. The following members of the Town Council were present: Mayor Richard Fennell, Mayor Pro Tem Andy Brown, Councilmembers Jerry Rice, Ken Jacobs, and Mark Stewart. Also present were Town Administrator Gary Deal and Planning Board Chairman Bob Maccia.
Mayor Fennell called the Council meeting to order at 7:00 p.m., and noted that a quorum was present. Councilmember Rice offered the invocation.
Mayor Fennell asked for any speakers from the floor; and Linda Greeson was recognized. Ms. Greeson explained that her property on Highway 61 was involved
in the February well testing conducted by Guilford County; and asked (1) was her water also tested for diesel as well as gasoline, and (2) since her property has two wells, which one was tested? Councilmember Ken Jacobs offered to check into both inquiries and get back to Ms. Greeson.
Another resident—Nancy Apple—also involved in the water testing, asked for clarification in interpreting the report she received from the County because the
copy she received was hardly legible. Councilmember Ken Jacobs reviewed her results and eased her mind by pointing out that her water was determined drinkable by the State lab commissioned to evaluate the samples.
OLD BUSINESS
1.
Adoption of
the Minutes
Mayor Richard Fennell asked for any changes to the February 13, 2007 minutes; none made. Motion made by Councilmember Jerry Rice to adopt the minutes as presented; motion seconded by Councilmember Mark Stewart. Adoption carried by unanimous vote.
Following adoption of the minutes, Mayor Fennell paused to introduce
Lt. Robert Elliott who had been newly assigned to the Stoney Creek Sheriff’s Office from the Special Operations unit. (Prior to the Town Council meeting,
Lt. Elliott personally introduced himself to Councilmembers.) Lt. Elliott expressed, before the Town Council and the audience, his pleasure to serve the community and his willingness to address any issues that may be of concern to Town officials and residents alike.
2. Any Other Old Business
Mayor Fennell asked for any other old business; and there was none.
At this time, Mayor Fennell chose to move Item 1 under New Business to this point in the meeting and offered the floor to Town Administrator Gary Deal who would introduce Mr. Warren Simmons with the Guilford County Planning and Development Department. Mr. Simmons was present to give 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. In addition, he would be soliciting the Town Council’s interest in delegating authority to the County for administering this program involving handling all clearances and enforcement of revised ordinances for the Town of Whitsett.
Before Mr. Simmons took the floor, Town Administrator Deal briefly explained that the program Mr. Simmons would be presenting is essentially not new to the Town because since the Town’s incorporation, the County has provided review and enforcement for any development within Whitsett that lies in a watershed critical area; and that would encompass Town property south of highway 70. The new regulations would simply bring the balance of Whitsett, which lies in a general watershed area, under County administration.
Mr. Simmons first explained that Phase II of the National Pollutant Discharge Elimination System (NPDES) mandated by the EPA will become effective
July 1, 2007, and applies to unincorporated Guilford County and any non-Phase II community--which Whitsett is.
Mr. Warren Simmons gave a visual-aid presentation corrresponding to the attached handouts which were distributed to the Council and are part of this record. (In addition, 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.)
1. Planning Board
Board Chairman Bob Maccia reported that Town Administrator Gary Deal had presented an overview to the Planning Board of the NPDES Phase II program to become effective July 1, 2007. Deal had asked for any questions or input from the Board which could be posed to Mr. Simmons at tonight’s meeting.
2. Enforcement Committee
Enforcement Officer Gary Deal reported no activity.
3. Enforcement Officer
Enforcement Officer Gary Deal reported that one permit had been issued since last month’s Town Council meeting. The permit was issued to Porterfield Construction for a deck to be built at the Earl West property on Dow Drive.
4. Town Administrator
Town Administrator Gary Deal reported that he continues to participate in monthly Solid Waste Management meetings with other Towns and Guilford County.
In connection with the Solid Waste Management Committee’s objective to reduce solid waste by promoting recycling, Town Administrator Deal next reported that Guilford County announced its 2007 Spring Cleanup event scheduled for Friday, March 30, from 9:00 a.m. to 3:00 p.m., at the Guilford County Agricultural Center in Greensboro. To protect the environment, individuals are encouraged to take advantage of free disposal of such items as (1) household hazardous waste, e.g., paint, batteries, pesticides, (2) household electronic items, including computers, televisions, cell phones, and (3) old rimless tires, appliances, and plastic pesticide containers.
Town Administrator Deal also reported that a press release had been received from Guilford County Emergency Services designating this week as Severe Weather Awareness Week. Although Whitsett had not been affected by major weather disasters in the recent past, anyone who would like educational material concerning how to prepare in case of severe weather threats, may call the Greensboro Emergency Services office for information and direction.
Town Administrator Deal also stated that he had received notice from Guilford County about the National Flood Insurance Program. Even though no property
in Whitsett is listed in a 100-year flood prone area, the Town is pursuing looking into becoming enrolled in the program should a homeowner want to apply for flood insurance.
1. Proposed Resolution for
NPDES Implementation
Mayor Fennell put before Council members acceptance of the proposed resolution to delegate authority to Guilford County for local administration and enforcement of Whitsett’s stormwater management/watershed protection program, as delivered by Mr. Warren Simmons.
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.
Mayor Fennell repeated his request for a motion; and with that, Councilmember Mark Stewart made a motion to adopt the proposed resolution provided by Guilford County.
Councilmember Jerry Rice expressed reservation stating that he thought the County regulations were too restrictive, and would like to have time to re-review the document.
Councilmember Ken Jacobs, too, had concerns but more relative to seeming exceptions being granted to developers--citing Portrait Homes--allegedly not
in compliance with watershed protection restrictions.
Mayor Fennell concisely stated that with these conflicts at hand, i.e., Councilmember Rice feeling the new regulations were too restrictive and Councilmember Jacobs feeling they were unenforceable, the Council appeared
to be at an impasse; and perhaps should take more time to consider the County’s offer.
Mr. Simmons offered the explanation that Portrait Homes was granted exemption only to the point where construction had begun prior to the regulations; the remaining development was required to conform. With regard to exemptions and the appeal process, Mr. Simmons additionally pointed out that final say-so in the appeal process actually lies with the Town Council and no further.
Town Administrator Gary Deal interjected a reminder that the Town really does not have a choice as to abiding by these new regulations; it is just a matter of who will be responsible for implementation and enforcement.
Mayor Fennell iterated that if we
did not go with the County, the Town would need to hire its own expert to
process required clearances, which is not only a budget consideration, but an
accessibility hardship in readily finding someone with such expertise.
The issue of compensation to the County was raised; and Mr. Simmons reported that Mr. Greg Niles, County Planning Director, and he had determined that costs to Whitsett would be nominal and likely handled on a “per-case” basis. Also, any County charges that the Town would incur could, at the discretion of the Town, be passed along to the developer. In addition, the Town may want to consider imposing its own charges and handle in like manner.
As a final remark in support of the County being delegated stormwater management oversight, Town Administrator Deal mentioned that he had spoken with the Town attorney; and Mr. Trevorrow supports the Town’s acceptance of County review and enforcement authority.
With all this information on the table, and the motion still before the Council, Councilmember Ken Jacobs withdrew his objection after hearing that the Council had the power for final decisions on appeals, and seconded the original motion. The motion to adopt the resolution to grant authority to the County to administer and enforce the NPDES in Whitsett passed by unanimous vote.
Mayor Fennell gave an update on the Fire Company sharing the Town Hall’s septic system—an item presented before the Town Council at last month’s meeting. Mayor Fennell reported that he had been in contact with Mr. Parsons of the Guilford County Health Department who informed Mayor Fennell that before any involvement by the County could proceed, the Town needed to establish a legal easement. Mayor Fennell further explained that copies of the Town Hall’s deed and the Fire Company’s deed had been forwarded to the Town attorney Bill Trevorrow to work up the necessary legal easement.
Subsequent to the County’s acceptance and recordation of the legal easement, the Town attorney would draft an agreement to be discussed among members of the Town Council and representatives of the Fire Company to reach mutual understanding and agreement. Progress towards this goal will be reported until completed.
On another subject, Mayor Fennell stated that with the Historic Road Marker now in house, he would like to set a date to have a public dedication of the marker perhaps in relation to a date which holds significance for the Town, e.g., some time in July which marks the Town’s incorporation. The Council decided that, within the next few months, a date would be set for the event.
4. Announcements
Mayor Fennell asked for any announcements; and there were none.
5.
Speakers from the Floor
Mayor Fennell asked for any speakers from the floor; and there were none.
With no further business before the Council, Mayor Fennell invited a motion to adjourn. Motion was made by Councilmember Jerry Rice; seconded by Councilmember Mark Stewart. Motion passed unanimously; and the March 13 Town Council meeting was adjourned at 8:05 p.m.
The next meeting of the Town Council will be at 7:00 p.m., Tuesday, April 10, 2007,
at the Whitsett Town Hall.
/s/ /s/
_________________________________ _________________________________
Jo Hesson, Town Clerk Richard Fennell, Mayor
APPROVED: April 10, 2007