MINUTES OF THE WHITSETT TOWN COUNCIL

April 10, 2007

Whitsett Town Hall Building

 

 

 

REGULAR COUNCIL MEETING

 

The regular meeting of the Town Council of the Town of Whitsett was held at

7:00 p.m., Tuesday, April 10, 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 and Ken Jacobs.  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.

 

SPEAKERS FROM THE FLOOR

           

Mayor Fennell asked for any speakers from the floor; and there were none.

 

OLD BUSINESS

 

1.      Adoption of the Minutes

 

Mayor Richard Fennell asked for any changes to the March 13, 2007 minutes; none made.  Motion made by Councilmember Jerry Rice to adopt the minutes as presented; motion seconded by Councilmember Ken Jacobs.  Adoption carried by unanimous vote.

 

  1. Suggestions for Road Marker Dedication

 

Mayor Fennell stated that he would like to see the Town have a dedication ceremony for the Whitsett historic road marker perhaps in conjunction with

July 13, which marks 16 years since the Town of Whitsett became incorporated.  Saturday, July 14, was tentatively set for the unveiling that would be locally publicized with neighboring towns, public officials, and dignitaries personally invited.  Mayor Fennell charged Planning Board Chairman Bob Maccia with soliciting volunteers and coordinating the celebration.  It was suggested that, weather permitting, the community event be held outdoors with picnic food,

ice cream, and beverages being served.

           

 

 

 

3.      Any Other Old Business

 

Mayor Fennell asked for any other old business.  Mr. Overman came forward inquiring about the wells that had been tested.  Mayor Fennell explained that 4 out of the 28+ wells so far tested were rendered contaminated.  The County directed affected homeowners to limit water use for cooking, bathing, and refrain from drinking since pollutant levels may pose a health risk over time.  Others had traces, but did not present an immediate health threat; and others will be retested in a few months.   

 

Councilmember Ken Jacobs stated that it is important to recognize that these wells were tested for petroleum only.   And, that all 4 properties lie within a

1,000 foot radius of highways 61/70 intersection where Huffman Oil and Shell had proven to have leaks.  Councilmember Jacobs said that Huffman Oil had been fairly responsive in providing fixes such as bottled water and filters that worked well in improving water quality.  These remedies, however, were still only

“band-aids” and not the cure. 

 

Mayor Fennell added that at least the Town is aware of where the contaminated wells are located; and now justifiably it comes down to finding various sources for financing a municipal water system, which was the main topic of discussion at a meeting earlier today with John Nantz of Health Risk Assessment at the Guilford County Health Department, Councilmember Ken Jacobs, and himself.  John Nantz explained that legislation which may offer some major funding sources is hung up in the Legislature.  Since the Town prefers to not borrow, it is in a waiting-to-hear mode for those monies.  Meanwhile, the Town will continue to look at other sources for securing a pool of money to incrementally fund a water system. 

 

BOARD AND COMMITTEE REPORTS

 

1.   Planning Board

 

      Board Chairman Bob Maccia reported on the proposed outdoor lighting ordinance which had been actively worked on by the Planning Board and lighting experts for over an 8-month span.  Chairman Maccia further stated that a special work session had been called with Town Administrator Gary Deal, Councilmember Ken Jacobs, Planning Board member Evelyn Rutkoski, and himself to finalize the Board’s recommended ordinance which Chairman Maccia formally presented to the Town Council at this evening. 

 

Earlier, the Town Council suggested to Planning Board Chairman Maccia that the Board attempt to simplify its previous draft ordinance.  Board Chairman Maccia explained, however, that after deliberations among the four at the work session, it became clearer and clearer that the integrity of the document and the investment of 8-month’s time and effort would be compromised if very much were eliminated or simplified.  More so, the end result would not be what the

Planning Board had intended as the Town’s outdoor lighting code. 

 

With some changes, inclusions, and refinements made, Board Chairman Maccia explained that the completed product was about 90% of previous drafts; and that he was presenting this product as the Planning Board’s recommended ordinance for Town Council’s review and subsequent adoption at a Public Hearing. 

 

Board Chairman Maccia also pointed out that the first paragraph of the ordinance is the main objective and basis for the document.  Councilmember Jerry Rice, who serves as Council liaison to the Planning Board inserted that the proposed ordinance is a good document that will protect the Town, and more specifically protect the privacy of its population.

 

With that, Councilmember Ken Jacobs made a motion that the recommended ordinance be accepted and put on the docket for a public hearing; motion seconded by Councilmember Jerry Rice.  Motion carried by unanimous vote.

 

Board Chairman Maccia, in closing, commended Planning Board member Evelyn Rutkoski for her diligence and extensive research and coordination in producing an exceptional lighting ordinance that could and should serve as a model for other communities.

 

 2.   Enforcement Committee

 

Enforcement Officer Gary Deal reported no activity.

 

3.   Enforcement Officer

 

Enforcement Officer Gary Deal reported that three permits had been issued since last month:  (1) to Melvin Brown for construction of a brick dwelling and porch at 7126 Gusenbury Drive, (2) to Jeff and Diane Raper to have an outdoor hot tub installed on their property at 6776 Kelsey Court, and (3) to contractor Forrest Shanklin to construct a single-family house at 6789 Kelsey Court. 

     

4.   Town Administrator

 

Town Administrator Deal reported that he had received material from the North Carolina Department of Transportation soliciting community participation in project LITTER SWEEP scheduled for April 14-28, 2007.  The project promotes litter-free highways throughout the State.

 

Town Administrator Deal also reported that improvements to Coleman Road had been assigned priority #21 on the NCDoT list of budgeted projects.  Deal said he had heard of no time frame; but it was good that a priority number had been given to the project.

 

Following the Board Reports, Mayor Fennell reverted to one other Old Business item—that of the status of the Fire Company hooking up to the Town Hall’s septic system.  Mayor Fennell explained that in order for Guilford County to give clearance for the hook up, a legal easement must be surveyed and in place.  In addition, all parties must be in agreement relative to responsibilities and liabilities.  Mayor Fennell had been working with Town Attorney Trevorrow on the matter and would try to speed up bringing completion to this project.

           

NEW BUSINESS

 

1.   Discussion of Town Council Vacancy

           

Mayor Richard Fennell made the formal announcement that Councilmember Mark Stewart had resigned effective March 23 to relocate to Colorado.  Mayor Fennell explained that the General Statute regarding a Town Council vacancy  had been researched; and although the statute tells you what to do, it is not very clear on how to go about doing it. 

 

Mayor Fennell explained that it becomes the duty of the Town Council to appoint a replacement; and announced that in all fairness, the vacancy will remain open for the next two weeks for anyone in the Whitsett district to come forward and express interest.  If the Town Council needs to call a special meeting to review candidates, it will.  At next month’s meeting, regardless, the Council intends to make the appointment followed by a swearing in. 

 

Patrick Hickey asked the Council members if they had anyone in mind for the position. Mayor Fennell answered that the Council did have an individual of particular interest; and that person had been approached.  When asked who?  The reply—Cindy Wheeler.  Mayor Fennell added that, in fact, Joe Wheeler (the current Vice Chairman of the Whitsett Planning Board) had been asked if he would be interested in serving as a Council member.   Joe Wheeler replied with a no; but recommended his wife.  Cindy Wheeler validated her interest in the position; the Council will wait to see if others come forward.

 

Mayor Fennell went on to explain that whoever is appointed in May, will serve until the next municipal election scheduled for this year in November.  At that time, the appointed Council member will have the opportunity, like anyone else, to run for the seat vacated by former Councilmember Mark Stewart.  Whoever is elected will serve the remainder of that seat’s term which expires in 2009.

 

As a result, four Councilmember seats will be up for election in November; the one serving out Mr. Stewart’s term; and three with terms expiring this year and serving the regular 4-year term until 2011.

 

 

 

  1. Public Funds CD Renewal

 

The Town Council was presented with a comparison of rates (copy attached)

from local institutions, including Mid Carolina Bank where the CD will mature

on April 18.

 

Since the Council’s practice in the past has been to go with the highest rate, a motion was made by Councilmember Ken Jacobs to move the CD from Mid Carolina and invest it at Vantage South at the rate of 5.29% APY for 9 months; motion seconded by Councilmember Jerry Rice.  Motion carried by unanimous vote.

 

  1. Any Other Items from Council Members

 

Mayor Fennell asked for any other items from Council members; there were none.

 

 4.   Announcements

 

Mayor Fennell asked for any announcements.  It was recognized that Edna Blythe was in attendance after a brief hospital stay.  Mayor Fennell personally expressed that it was nice to have her back.

 

 5.  Speakers from the Floor

 

 Mayor Fennell asked for any speakers from the floor.  Nancy Apple remarked

 that she was pleased to hear that a female may become a member of the Town Council.

 

Bob Maccia was recognized who, on behalf of the Fire Company, reported that at a Fire Company meeting, there had been discussion about increased use of water at the firehouse due to some firefighters who had become full-time residents and other members spending more hours at the firehouse.  Since the Fire Company and the Town Hall share a water system, the Fire Company offered to defray some of the cost for the electric bill that is paid by the Town Hall.

 

 Spontaneously, several actions were suggested.  Mayor Fennell said that perhaps an arrangement involving reimbursement could be incorporated into the agreement on the issue of the Fire Company sharing the Town Hall’s septic system.  Councilmembers Ken Jacobs and Jerry Rice were in like agreement suggesting that every once in a while, members of the Fire Company could make some improvements to the Town Hall Building rather than enter into anything complicated or formal.  Finally, Town Administrator Gary Deal suggested that to get a handle on the expense involved, he and the Town Clerk would review the Duke Energy bill for the last two or so years, and bring the tallies back to the Town Council for discussion at a future meeting.

 

 

ADJOURNMENT

 

With no further business before the Council, Mayor Fennell invited a motion to adjourn. Motion was made by Councilmember Ken Jacobs; seconded by Councilmember Jerry Rice.  Motion passed unanimously; and the April 10 Town Council meeting was adjourned at 7:50 p.m.

 

The next meeting of the Town Council will be at 7:00 p.m., Tuesday, May 8, 2007,

at the Whitsett Town Hall.

 

 

 

 

 

                               /s/                                                                          /s/

_________________________________            _________________________________

              Jo Hesson, Town Clerk                                            Richard Fennell, Mayor

 

 

 

APPROVED:     May 8, 2007