Regular Meeting oft the Town Council November 21, 2023 6:00 pm in the Civic Center Minutes & General Account  Council Members Present: Mayor Montgomery, Council Members Wolfe, Straughn, & Capes. Staff Members Present: Town Manager Matthew Johnson, Director ofl Public Services Paul Blanchard, Deputy Finance Officer Heather Lunsford, Interim Town Clerk Nancy Avery, Town Visitors Present: Bill Rothermel, Sherrie and Lee Richmond, Jane W. Payne, Jamie Hall, Sarah  Council Members Absent: Council Member Rayborn  Attorney Beth Koonce. Glanville.  Call to Order: Mayor Montgomery called the meeting to order at 6:00 pm. Roll Call - Interim Town Clerk Avery took roll call as follows:  Council Member Wolfe - Present Council Member Capes - Absent Mayor Montgomery- - Present Council Member Straughn - Present Council Member Rayborn - Absent  Interim Clerk Avery stated that a quorum was present to open the meeting but there was not a  majority of voting members present to conduct business.  Pledge of Allegiance - Mayor Montgomery led in the Pledge of Allegiance. Moment of silence Mayor Montgomery called for a moment ofs silence. fora 151 minute break at 6:03 pm to give them time to arrive.  Recess Mayor Montgomery stated the two absent Council members were: in traffic and called Mayor Montgomery resumed the meeting at 6:17 pm and asked the clerk to call the roll.  Clerk Avery called the roll as follows: Council Member Wolfe - Present Council Member Capes - Present Mayor Montgomery - Present Council Member Straughn - Present Council Member Rayborn - Absent  Clerk Avery stated a quorum and: majority of voting members was present.  Approval oft the agenda  Council Member Wolfe made ai motion to approve the agenda as presented. Council Member Capes made a second to the motion. The motion passed by a unanimous vote.  1    Regular Meeting oft the Town Council November 21, 2023 6:00 pm in the Civic Center Minutes & General Account  Consent Agenda  The Consent Agenda included the following items:  Approval ofminutes from October 24, 2023, Regular Town Council Meeting Analysis oft the Financial Position of the' Town ofJamestown Analysis oft the Financial Position ofthe. Jamestown Park & GolfCourse  Budget Amendment #1 10  Council Member Wolfe made ai motion to approve the Consent Agenda as presented. Council Member Capes made a second to the motion. The: motion passed by a unanimous vote.  (Budget Amendment # 10)  Public Comment  Sherrie Richmond, 601 Tangle Drive, stated that John (Capes) and Lawrence (Straughn) both have had different insights into the changes that we are looking forward to. They have both done ar remarkable jobi remaining cool and calm and thinking through all kinds ofs situations and how to1 make it thel best that we can have for. Jamestown. She thanked them both for that saying they Jamie Hall, 210 Misty Waters Lane, said she owns the Emerge Skin Studio in town and serves as the president oft the. Jamestown Business Association (JBA). She thanked the Mayor and Council for everything they have done on behalf ofherself and the JBA. The last couple of years have been very challenging. The. JBA is getting ready for the Christmas on Main event. Bethany Medical and Dr. Lenny Peters is sponsoring it this year. Christmas on Main is a holiday stroll in Jamestown. It highlights thel local businesses of Jamestown. It is a family fun time for shopping, food, music, andi it of course encompasses the spirit of Christmas. The event is every Wednesday night in December before Christmas. The dates this year are. December 6th, 13th and 20th. Each Wednesday night it starts at 5:30 pm to 8:00 pm. Wel have had a fabulous response this year. We have 32 stops and is the biggest one we. have ever had. It will span the entire length ofl Main Street, sO wel had to get two trolleys this year. We will have photo spots this year. We encourage everyone toj post their ownj photos on our Christmas on Main Facebook group page. Wea are going tol have three contests: one each Wednesday night; the ugly sweater contest, a coloring contest, and Finders Keepers solve the riddle contest. Pick up your stamp cards at any participating merchant. Get the stamp at each oft the 32 stops, drop your completed stamp card off at Town Hall. You can leave it in the slot ifiti is after business hours. You will be entered to win one of the gift baskets that we. have that will be filled with gifts from the participating merchants. For more detailed information go to the. JBA website which is. Jamestown Business  always had the best interest at heart for. Jamestown.  Association.  2    Regular Meeting oft the' Town Council November 21, 2023 6:00 pm int the Civic Center Minutes & General Account  Krisdena Reeser, 2621 Glass House Road, stated that during the October 24th Town Council meeting, she spoke during public comments after staying to watch a very hyped up but yet very disappointing storm water and drinking water presentation. Shortly after leaving' Town Hall she was approached by both Sarah Glanville and Pamaila Burgess. While Sarah's interaction was civil, Pamaila'si interaction was threatening and aggressive. She said she hopes the Town will speak with Mrs. Burgess regarding her actions and reinforce the' Town ofJamestown Code of Ethics because she will become a liability ifs she chooses to react to constructive criticism and factual information in this manner. What you do or say is recorded, documented and becomes part oft the public record. I can guarantee yout thisi information will be used against you. Regarding the October 24th storm water and drinking water speakers; how did this serve to educate the public about persistent and ongoing issues? The storm water presentation focused mostly on High Point and barely mentioned Jamestown. The drinking water presentation basically focused on Greg Flory requesting more money, $600.000.00, from the Town for improvements. Yet nothing was spoken about the fact that the City ofHigh Point's Eastside Wastewater Treatment plant and the Town ofJ Jamestown storm water program are both operating with an expired permit. The most damning evidence oft the evening was from Councilman Lawrence Straughn, who truly believes PFAS can bei filtered out of the water. Had he done his research he would know that PFAS cannot be filtered out of drinking water as even the most expensive equipment available failed to perform the remediation of Seaboard Chemical which continues to contaminate a stretch ofl Deep River today and eventually makes it into our drinking water. Just ask your town appointed PTRWA representative Rich Glover who is anon - Jamestown resident who has worked on and continues to work on the Seaboard remediation as well as the Harvey Road development and most likely other projects in and around Jamestown. And ifresidents and community members have not heard Alberdingk Boley once again had a release ofu untreated wastewater in aj purported unnamed tributary reported to Jamestown News the day after municipal elections. Mind you the unnamed tributary is Bull Run in Deep River. Per Councilman John Capes the Town of Jamestown is not responsible for managing the spill. However Guilford accounting and the Town of Jamestown zoning map says something completely different. Alberdingk Boley property resides in the Town's ETJ which means the Town's planning department is responsible for coding and code enforcement. Mind you previously in October 2022, after Alberdingk Fully spilled approximately 16,000 gallons of wastewater NCDEQ's report noted equipment in disrepair. Thirty days later the equipment was still in disrepair. She presumes this equipment was never repaired since the Town had incorrectly absolved themselves from any responsibility regarding Alberdingk Boley. Howi is it similar unreported events happened last year and now, after much scrutiny the most recent event was reported only to the. Jamestown News. Her question is does the Town even have an emergency management plan in place for various scenarios including harmful chemical spills into our  drinking water? Thank you.  3    Regular Meeting oft the Town Council November 21, 2023 6:00 pm ini the Civic Center Minutes & General Account  Robert Frederick, 500 Wyndwood, stated a year ago almost to the day, an unusual series of events occurred in Jamestown. The events oft this unusual story are pulled from the invoices of Tom Terrell, Jamestown's hired Land Use attorney, which he got through aj public records request. On November 22, 2022, Terrell began drafting changes to Jamestown's Land Development Ordinance. The next day he completed the draft and sent the proposed changes to the Town Manager and unexpectedly tol DR Horton's attorney. Then on November 30th, DR Horton misrepresented Terrell's work as its own. So al billion dollar company took the attorney's work that our tax dollars paid for, that Jamestown's' Town Manager had reviewed and represented that work as DR Horton's. Terrell's invoices also record ai meeting about a week later on December 5, 2022, between' Terrell, Jamestown staff, Jamestown's Council and representatives from DR Horton. What happened at that meeting? Only those present know. He said he only learned about the December 5, 2022, meeting because it was recorded in Terrell's invoices. But because Council was present, the public should have been invited to attend. The public should have known about the meeting in advance. Notes should have been taken. So this December 5, 2022, meeting appears to. have violated North Carolina's open meetings law. As we all know, Council then voted a month later this past. January to accept. DR Horton's changes to the Land Development ordinance, which paved the way for the high density development DR Horton wants to build. A development that will double our population and a development that Jamestown Council ultimately voted to approve. As wel have since learned the version oft the development agreement Council voted on was authored, backdated and password protected by DR Horton's attorney Mark Isaacson even though it says on the front page thati it was] prepared by. Jamestown's attorney Tom Terrell. Since January, hel has been seeking public records to understand Terrell's influence in this manner beyond what his invoices show, but the Town Manager demanded over $3,000 for these public records citing staffs' time. Public records belong to the public and even says so in. Jamestown's Code of] Ethics, and Jamestown staff time is already paid for by our taxes. The' Town Manager ceased communication on this topic with me in April. None of you (Council) have responded either. And you have had my most recent email to you for two full days now. And soi iti is this lack oft transparency that prompted me to: make this  statement publicly. Thank you. Old Business -  Public Hearing for the consideration of adoption of 'Chapter 55: Storm Water Utility Fee' in Title Public Works' oft the Town's Code of Ordinances - Town Manager Johnson stated this has been discussed for quite a while since at least 2021 and has been discussed as part oft thel budget talks for a couple of years. The purpose of this fee is to help maintain and upgrade storm water infrastructure and to fund the storm water management directives which are mandated by the State through the Town's NPDES permit. The fee will be applied to all properties located within the corporate limits through the utility billing system. The rate will be $5 per month for residential customers and is based on an "Equivalent Residential Unit" (ERU)ofmeasure. The  4    Regular Meeting oft the Town Council November 21, 2023 6:00 pm in the Civic Center Minutes & General Account  ERU reflects the average impervious area ofresidential properties in Jamestown. This value has been calculated at 4,000 square feet. Therefore, each residential customer will bel billed one (1) Commercia/Industrial customers will bel billed based on the actual amount ofi impervious surfaces located on their property. For example, ifa commercial property has 200,000 square feet ofimpervious area, that total will be divided by 4,000 (1 ERU) to reach the ERU's for that property. In this case, 200,000/4,000-50 ERUS. 501 ERUS X $5=$ $250/month for that property. The attached ordinance will establish the Storm Water Utility Fee and provide the authority for Manager Johnson requested Council establish the rate and provide the authority for the Town to Hei invited Danica Heflin with PTRC Storm Water Smart and Lindsey Lengyel with Blue Stream Environmental to give a little more information on this particular topic. They were kind enough to come this evening to do our storm water symposium. We had several attendees. Council Member Wolfe said we talked a littlel bit about how apartments would bel handled or Council Member Straughn said ift the townhome has an individual meter, we will assess that at one ERU or $5 per month. Ifit is an apartment complex, for example, and there are multiple units and there: is not an individual meter per unit, we will assess them by measuring all ofthe impervious area, then billing the Property Owners Association, or the homeowners. Council Member Wolfe stated there is an exemption ifs you have less than 600 square feet of Council Member Straughn said the 600 feet isj just the national average and North Carolina is 600: feet. His concern was that some parking or driveways are going to be much bigger than others and his is probably smaller than others. He said hel had questions about the walkways going from the driveway to the front porch or rear ofthe house to the driveway, those sorts of things, but Paul (Director of Public Services) explained that it is going tol be flat $5 fee for Ms. Lengyel stated the UNC School of Finance did a whole storm water dashboard for municipalities in North Carolina. They compared all the municipalities that have a storm water utility fee, and compared what that fee was per month for the ERU amount. There is a standard fee versus at tiered fee. The tier feel being used when there up to two or three or four thousand square feet you paid one fee. Ify you had above that you might pay a different fee. A lot ofthe larger communities opted to go with a tiered fee, because they had wide ranges. It impacted al lot ofp people. A number ofs smaller communities looked at what the administrative burden was to do  ERU or $5/month.  the Town to begin billing for this utility fee on January 1,2024. begin billing for this utility fee on January 1,2024.  townhomes or condominiums.  impervious surface.  residences.  5    Regular Meeting oft the' Town Council November: 21, 2023 6:00 pm in the Civic Center Minutes & General Account  that, because now you are. having to measure every single property. And if you have an addition ofa a patio or a shed, ori ify you wanted to expand your driveway, it could bump you into a different tier, which has tol bei re-measured. Welooked at the possibility ofa tiered system and found that the administrative burden year in and year out was very high based on the revenue we would get. She said she lived in Greensboro when they enacted this and it was quite a big storm. People were up and down and asked ifit did not rain for six months would they have to pay forit. This fee is for compliance of your storm water permit. A lot oft the residents believe that this is going to fix a storm water issue or a storm water pipe but most oft this is really funding the compliance ofyour permit. By regulation there are six minimum measures such as public outreach and education; public involvement; litter cleanup; planting ai rain garden; illicit discharge detection that involves inspections, reporting, documentation, and construction site cleanup. Most oft the erosion control is handled by the county, but there are: some components in your new permit that Jamestown will have to do. Then you also have post construction, inspecting all oft those storm water devices that your commercial properties and your HOAS have. And lastly is good. housekeeping and pollution prevention. That is training your staff on how to identify illicit discharges, how to do dry weather screening at your outfalls, how to ensure that your stafft that is Ms. Heflin said she will be at the Christmas on Main event. She asked iftherei is a storm water related question that Council would like her to ask residents sO she can provide feedback. She would bei more than happy to have both aj paper survey and maybe a postcard with al little QR code on it, where people can go online and ask a question. She said she is curious to see the turn Council Member Wolfe said an open ended question would be best such as what do they know Council Member Capes stated the amount of foot traffic during the event depends on the weather. He thinks there would be a lot ofbenefit to have a QR code on a card that actually leads Council Member Straughn asked Town Attorney Koonce ifs she reviewed the ordinance and ifit  doing landscaping has its] pesticide license, and proper storage.  out for the event.  about storm water or would like to know.  toa a site with ai more detailed synopsis. is appropriate for. Jamestown. Public Hearing comments:  Attorney Koonce replied yes, she reviewed it and statute allows it. Mayor Montgomery opened the Public Hearing at 6:54 pm.  Robert Frederick stated he sees this as pretty much a done deal. This $5 fee is going to be added because it was already passed, essentially this past. June in the budget. However, Councilman Straughn made an objection to the storm water fee being passed on to the citizens and that was really the only time that we actually knew that it existed. In the actual budget that was put outi in  6    Regular Meeting oft the Town Council November 21, 2023 6:00 pm in the Civic Center Minutes & General Account  the. June meeting there is no mention ofany fees whatsoever. And the Council's packet from June 20, 2023 mentions no fees at all, and certainly no increases in fees. Wel knew about the! $30: fee, because that seemed like al lot ofmoney. But the $5 fee added to it did not seem like a lot. Soi it never ended up in there. And Council Member said they wanted a less complicated budget sO that people can better understand it. Hei is one oft those people. He would like to understand how that money is going to be spent before you (Council) vote to spend it. So going forward we had had a budget message that has not been published in time violating state law, as he understands it. So we need this information in advance. Because we are at aj point now in November, where we are considering exactly how to implement something that was passed back in June, about which we: should havel known about in May, sO that we could come to aj public hearing and comment on it with our collected thoughts. This is again the transparency: issue that came up in this past election, and for which he continues to have concerns. Now, the one thing that Lindsay (Lengyel). just mentioned about how many towns in North Carolina have a fee. But how many towns in North Carolina also have al budget surplus every year? All this is really for you to dedicate some oft that money that wel havei millions ofdollars in the bank. And instead of charging $5 fee for each person for each month, let us just put a little oft that aside, becauseitis not going to end up much. On page 32 ofy your packet, you already say you are going to start transferring two plus two cents out of every $100 valuation oftaxes, now to the storm water capital project. So therei is money available, youj just need to reallocate it.' Thank you. Mayor Montgomery closed the Public Hearing at 6:57 pm as there were no others speakers. Council Member Capes stated one thing that stands out to him that keeps coming up is that people talk in terms ofJune and July as far as when all these things come to a head. But the thing that keeps getting passed byi is that these discussions start in. January, every year. And that is when our budget starts. That is where the conversations begin. Ifyou do not attend those meetings, especially at the beginning of the year, then you are: not talking with all the: facts, because you have to bei there to understand it, or at least go online and seei it and be able to ask questions about it at a much earlier point. There is a lot that leads up to this and goes into it. None ofit is arbitrary. And it is definitely geared towards taking care oft thel business of Jamestown and the people within it. He said he thinks that is important and gets missed al lot. Council Member Wolfe asked if we want to continue the vote until we have a full Council. Council Member Straughn said ifiti is continued, he wants to be able to vote on it. Mayor Montgomery said it will be on the Old Business section oft the December meeting sol he Council Member Wolfe made ai motion to continue the Public Hearing to the December 19th meeting at 6j pm without further advertising. Council Member Capes made a second to the  can vote on it.  motion. The motion passed by a unanimous vote.  7    Regular Meeting of the Town Council November 21, 2023 6:00 pm in the Civic Center Minutes & General Account  Manager/Committee Reports-  Manager Report - Manager Johnson presented the following report to the Council stating:  I. Several major projects are currently underway or completed.  A. Recreation Maintenance Building - Finalizing interior components. (Council Strategic B. GolfCoursel bathrooms - 98% complete. An architectural design issue required us to pivot slightly and wel lost a few weeks with that issue, but we are nowi moving forward.  Plan Goal 5.6). Estimated completion date is late November.  Estimate completion by early December. (Goal 5.10)  II. Loose leaf collection began on Monday, October 23rd. Crews will make continuous rounds throughout the season which will run until February 23, 2024. Please keep piles clear ofs sticks and other debris. Be sure to place leaves in areas which are away from cars, trash cans, mailboxes, or other obstructions. To date, crews. have collected over 401 tons of1 leaves and have made over three (3) complete circuits around the Town. Leaves tend to fall quickly and our heaviest volumes are likely to occur in the next couple of weeks. Crews will do their best to III. The. Jamestown Business Association will be sponsoring the "Christmas on Main" event again this year. On December 6th, 13th, and 20th, businesses will remain open until 8 pm to allow shoppers to come visit local shops and experience food, music, and the spirit of Christmas.  collect them as quickly as possible.  More information can be found on the. JBA Facebook site at: htpswvy.fachokkcommestownbasinesassociation.  We are offering an opportunity for children who would like to send a letter to Santa Claus to grab a free letter here at Town Hall, fill it out, and return it to the Santa mailbox that is at Town Hall. Letters will bei mailed to Santa on December gth. As long as you put a return address on the Council Member Wolfe said the Town Hall lobby will be open during Christmas on Main with Council Member Straughn said aj person called him saying hei is a qualified contractor and could have done the bathrooms at the golf course for less and still made aj profit. He explained the bidding process tol him as best he could and encouraged folks to get on bid lists. He asked how  letter yourself, Santa should be able to send his response.  hot chocolate from 5:30 pm - 8:00 pm.  many bids were received.  Manager Johnson replied that one responsible bid was received.  8    Regular Meeting oft the Town Council November 21, 2023 6:00 pm in the Civic Center Minutes & General Account  Council Member Reports -  Council Member Wolfe said she attended the TRC meeting and there was nothing discussed  specific to Jamestown. They will not meet in December.  Council Member Straughn = no report Council Member Capes - no report  Public Comment None Closed Session  Council Member Capes made a motion to go into Closed Session at 7:06 pm as per NCGS 143.318-11 (a)(3) Attorney Client privilege (301 Lee St.) Council Member Straughn madea a  second to the motion. The motion passed by a unanimous vote.  Return to open session  Council Member Wolfe: made a motion to return to Open Session at 7:24 pm. Council Member Straughn made a second to thei motion. The motion passed by a unanimous vote.  Adjournment  Council Member Straughn made ai motion to adjourn. Council Member Capes made. a second to  thei motion. The motion passed by a unanimous vote.  The meeting ended at 7:25pm.  Lymr/Montgomçfy,)  Qbg  ATTEST: Nâncy Avery, Interim Town Clerk  A  9