MINUTES OF THE WHITSETT TOWN COUNCIL
May 8, 2007
Whitsett Town Hall Building
The regular meeting of the Whitsett Town Council was held at 7:00 p.m., Tuesday,
May 8, 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.
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 April 10, 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.
3.
Proposed
Deed of Easement for Fire Company Sewer Line
The subject document, prepared by the Town’s attorney Bill Trevorrow, was before the Council for review and approval. Councilmember Jerry Rice said he would like to see the dimensions of the easement(s), which had been inadvertently omitted, but was readily available and would be provided to Councilmembers.
Councilmember Ken Jacobs stated that he would also like to see an informal agreement accompany the legal deed delineating liabilities on the part of the Fire Company with respect to not only the planned hookup to the Town Hall’s septic system, but also with regard to the well water which the Town Hall and the Fire Company have shared for years.
Town Administrator Gary Deal added that the Fire Board claimed that in their meeting minutes some years back, it was stipulated that the Fire Company would pay half of any repair/replacement costs relative to the water system. And, Deal continued that if all conditions—water and sewer, alike—were captured in one cooperative agreement as mentioned above, it would be advantageous for future reference.
Bob Maccia, a member of the Fire Board, interjected that the Fire Company would agree to just about anything to effect improved utilities at the firehouse; and Mayor Fennell reiterated that the Council, as well, would like to see completion of the sewer line as quickly as possible.
Councilmember Ken Jacobs at this point made a motion that the Town Council grant the sewer easement; but, additionally develop an informal agreement to be attached to the formal deed of easement outlining water and sewer obligations on the part of the Fire Company; motion seconded by Mayor Pro Tem Andy Brown. Motion carried by unanimous vote.
4.
Any Other
Old Business
Mayor Fennell asked for any other old business; and there was none.
Planning Board Chairman Bob Maccia reported that the draft Outdoor Lighting Ordinance which had been a project that the Board had spent an inordinate amount of time on was so close to its final form with the following minor changes being made at the May 2 Planning Board meeting.
Chairman Maccia enumerated 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.
Board Chairman Maccia stated also that Greg Niles, the Director of Planning and Development for Guilford County had been present at the May 2 Planning Board meeting to express some concerns from the County perspective.
Town Administrator Gary Deal added that Mr. Niles and he had talked about the areas of concern, which primarily dealt with the role of the “certified lighting professional” which is not the County’s responsibility to provide. The certified specialist is actually retained by and works on behalf of the project applicant, i.e., developer, business owner, property owner, etc. Town Administrator Deal also mentioned that per Greg Niles there would clearly be no additional fees for County services related to lighting; costs would be included in the annual contract between the County and the Town for permit/inspection services administered by the County to Whitsett.
In addition, with the acceptance of a lighting ordinance, Town Administrator Deal explained that Whitsett’s development clearance certificate would be revised to include on its checklist if a lighting review would be required for a particular project; likewise, a checkoff for a sign review would be added. These additions would also aid Guilford County in their issuance of the building permit.
On another subject, Planning Board Chairman Maccia reported that he had received interest from two residents in serving on the Planning Board. The Board currently has one alternate seat open with two more expected (having been given verbal agreement with official notification to follow). Board Chairman presented the Council members with the application from Ella Efird, who had previously served on the Planning Board and, if approved by the Council, would be returning to the Board in an alternate capacity. Board Chairman Maccia explained that Jason Wright had also expressed interest in serving on the Planning Board; but,
to date, no application had been received.
With that, Councilmember Ken Jacobs made a motion to appoint Ella Efird as an alternate on the Planning Board; motion seconded by Councilmember Jerry Rice. Motion carried by unanimous vote.
Mayor Fennell asked Board Chairman Bob Maccia if the July 14 celebration to unveil the Town’s historic road marker had been discussed by the Planning Board; and Board Chairman Maccia replied that he would be glad to handle the invitations to dignitaries and communities; but preferred to not be responsible for coordinating the food and drink provisions.
Board Chairman Maccia also asked if someone would volunteer to produce a flyer that could be included in the invitation. The topic was left with the Town Clerk contacting the ballfield concessionaires to see if they would be interested in providing the food, which could be served right out of the concession; and Councilmember Ken Jacobs offered to work up a flyer or mailer to publicize the community event.
2.
Enforcement Committee
Enforcement Officer Gary Deal reported that the Committee had received and investigated one complaint since last month’s meeting. The Committee would reconvene to determine any action to be taken, followed by a letter notifying the complainant of the Committee’s findings.
Enforcement Officer Gary Deal reported that since last month’s meeting, one permit had been issued to Ken and Evelyn Rutkoski on Dow Drive for roof and flooring replacement/repair.
4. Town Administrator
Town Administrator Gary Deal reported that he had participated in a meeting of the Animal Coalition concerning a Guilford County Animal Control Ordinance—a subject that had been of concern for years. Deal explained that the meeting was well attended with a diversity of representation from animal activist groups, to veterinarians, County officials, animal adoption agencies, Police Departments, City and Town officials, etc., and added that the meeting was very enlightening and important since animal control is a major problem in Guilford County. Deal will continue to attend these meetings since, at some future date, the Town may want to consider adopting Guilford County’s ordinance once completed; and
have the County administer enforcement for Whitsett as they do for the Town
in other areas.
Town Administrator Deal reported on another meeting that Councilmember
Ken Jacobs and he attended on the subject of Jordan Lake nutrient management initiatives, and described it as somewhat of a brainstorming session on how to reverse the pollutants in Jordan Lake. This undertaking would be a major cost- bearing project involving Guilford County and many municipalities. And, the Town will be watching for the equity in any imposed cost-sharing assessments, recognizing that Whitsett is only a small player in the project.
Mayor Richard Fennell recounted that as a result of Mark Stewart’s resignation,
a seat had become vacant on the Town Council. And, although the Council in all fairness allotted two weeks for anyone interested in serving on the Council to come forward, no word had been heard or received.
Mayor Fennell, therefore, announced that the Council would proceed with its recommendation to appoint Cindy Wheeler. There was brief discussion among Councilmembers which confirmed approval on all parts. Cindy Wheeler was invited by Mayor Fennell to come forward to take the oath of office; and following the swearing in, Councilmember Cindy Wheeler assumed her seat
among the other members of the Town
Council.
Councilmember Wheeler’s appointment will expire in December 2007 following the November municipal election involving three seats with terms ending in 2011, and, consequently, Councilmember Wheeler’s seat serving its remaining term until 2009. The only Council seat, therefore, that will not be affected by the 2007 election is that held by Councilmember Ken Jacobs.
The Town Council was presented with the draft budget for the 2007-08 fiscal year. Noting that the upcoming year’s budget preparation had resulted in a balanced budget for next year, there was minimal discussion. A balanced budget which had not been evidenced by the Town for several years, was primarily attributed to CD dividends. Based on advice from the Town’s accountant to consider additional investments, Councilmember Ken Jacobs made a motion to authorize the Town Clerk to contact various banks to see how best to maximize
returns for the Town. The motion was seconded by Councilmember Jerry Rice; and passed by unanimous vote.
Dollars earmarked for two line items of particular interest, namely the museum initiative and Town Hall renovations/repairs, were discussed. It was brought up that perhaps the Town should seek opinions from someone who specializes in restoration of old buildings; and the Charlotte Hawkins Brown project in Sedalia was cited as a comparison. Mayor Fennell asked Councilmember Ken Jacobs to research getting grant money for such projects; while Town Administrator Deal would contact Kevin Sasser for advice or reference of any engineering expertise in determining renovation needs and their priorities.
Councilmember Ken Jacobs said that before too much focus is put on the museum and renovations, he would first like to see some additional movement on the water system development. The municipal water system should be top priority even though the Town is still in a holding pattern waiting on the Legislature to free up some grant money for public utilities.
3. Set Public Hearing Date
Mayor Fennell stated the four topics that needed to be set for a public hearing:
(1) FY 2007-08 Town Budget, (2) Sign ordinance and definition amendments,
(3) Outdoor lighting ordinance and definitions, and (4) Guilford County ordinance of environmental regulations for stormwater management and watershed protection districts. Councilmember Ken Jacobs made a motion that a public hearing be set for 7:00 p.m., Tuesday, June 12, 2007. The motion was seconded by Councilmember Jerry Rice; and motion carried by unanimous vote.
4. Resolution to Establish
Filing Fee for 2007 Municipal Election
Mayor Fennell invited a motion to set the filing fee for this year’s municipal election. Councilmember Ken Jacobs made a motion to keep the filing fee at $5.00 for this year’s election; motion seconded by Councilmember Jerry Rice. Motion carried by unanimous vote.
5.
NC DoT
Certificate of Municipal Ordinance
The Town Council was provided with a request from
the State Department of Transportation to declare speed limit modifications on
segments of SR 2759. Councilmember Jerry
Rice made a motion to accept the ordinances; seconded by Councilmember Andy
Brown. Motion carried by unanimous
vote.
Mayor Fennell asked for any other items from Council members; and Councilmember Jerry Rice raised concern about the potholes that remain at the sole ingress/egress for the Town Hall grounds. Several suggestions came to the table as to who could/would repair the holes; but the final action suggested, i.e., to contact the State Highway about a possible repair since the area lies in the State’s right-of-way, would be the one first pursued. The Town Clerk will contact the State Highway Department about any filling and paving help they could provide.
Another concern was raised by Councilmember Ken Jacobs; that being the enforcement of the 35 mph speed limit on Whitsett Park Road. Various potential and actual mishaps had occurred in the past, and the volume of vehicles that the Springwood Park athletic complex brings to the area presents a problem. Town Administrator Gary Deal will contact Lt. Robert Elliott at the Sheriff substation at Stoney Creek for increased patrolling of the roadway and area.
Mayor Fennell gave an update on the contaminated well water situation; and explained that John Nantz from Guilford County Department of Health would send the Town a letter documenting the findings from the water samples drawn
by his office with emphasis on the intensity of the situation in support of the Town’s need for State funding help. As alluded earlier, the Town is waiting on the Legislature; but Mr. Nantz’s documentation will hopefully provide strong justification for the Town to receive grant money when or if it becomes available.
7. Announcements
Mayor Fennell asked for any announcements; and there were none.
Mayor Fennell asked for 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 Ken Jacobs; seconded by Councilmember Jerry Rice. Motion passed unanimously; and the May 2 Town Council meeting was adjourned at 8:15 p.m.
A public hearing followed by the next regular meeting of the Town Council will be at 7:00 p.m., Tuesday, June 12, 2007, at the Whitsett Town Hall.
/s/ /s/
_________________________________ _________________________________
Jo Hesson, Town Clerk Richard Fennell, Mayor
APPROVED: June 12, 2007