MINUTES TOWN OF STOKESDALE REGULARTOWN COUNCIL MEETING 8325 ANGEL-PARDUE ROAD STOKESDALE, NC: 27357 MAY 11, 2023 AT 7:00 PM Member's present were: Mayor Mike Crawford; Mayor Pro-Tem Derek Foy; Council Members: Jimmy Landreth, Tim Jones, and Jim Rigsbee; Town Attorney Charles Winfree; Finance and Budget Officer Kim Thacker, Town Clerk Dale Martin and Deputy Town Clerk Robbie Wagoner. 1. Call to Order, Pledge of Allegiance, and Invocation. Mayor Mike Crawford called the meeting to order and led the Pledge of Allegiance. Councilman Tim Jones delivered the invocation. 2. Review and Adopt the Agenda. Mayor Pro Tem Derek Foy asked that item #14 be heard prior to item #12. Mayor Crawford added a Closed Session, item # 16A for the purpose of consulting with the Mayor Crawford made a Motion to adopt the agenda as amended. Councilman Landreth Town Attorney. seconded the motion. Mayor Crawford Councilman Landreth Aye Councilman Rigsbee Aye Motion carried. 3. Aye Mayor Pro Tem Foy Aye Councilman Jones Aye Review and Adopt the following Minutes: a) March 31, 2023 Special Called Meeting Mayor Pro Tem Foy made a Motion to approve the minutes as presented. Councilman Landreth seconded the motion. Mayor Crawford Councilman Landreth Aye Councilman Rigsbee Aye Motion carried. Aye Mayor Pro Tem Foy Aye Councilman Jones Aye 83 4. Public Safety Reports: a) Stokesdale Fire Department Fire ChiefDeputy Randy Southard presented the Fire Department's report. b) Guilford County Sheriff's Office Mayor Crawford read the Guilford County Sheriff's report. by Mark Nadel and objected tol him be present. Councilman Jones called a Point of Order due to the attendance ofa dog in the audience owned Al brief discussion was held regarding the Town's lack ofaj policy to address this matter. Mayor Crawford made a Motion to allow the Mayor to decided ift the animal can stay or not, should he object, the animal must be removed. Councilman Landreth seconded the motion. Itv was stated that this shouldn't! be up to the Mayor. Councilman Rigsbee amended the motion to allow the dog to stay provided he doesn'tcause: a disturbance. Mayor Crawford and Councilman Landreth accepted the amendment. Mayor Crawford Councilman Landreth Aye Councilman Rigsbee Aye Motion carried 3-2 vote. Aye Mayor Pro Tem Foy No Councilman Jones No 5. Administrative Reports: report. b) Planning Board: a) Administrative Report: Town Clerk Dale Martin presented the administrative Justin Snyder, Guilford County Planner, updated Council and the audience on work being done to update the Guilford County's Comprehensive Plan. He advised ofas series of workshops held beginning in August. Anyone interested in following the matter can sign up to receive notifications of all future meetings and workshops. c) Events Committee: Mayor Pro Tem Foy announced the Christmas Parade as the second Saturday in December. Stokesdale Elementary School will be holding a Bike Parade tomorrow at the park. 84 d) Property Committee: Councilman Landreth advised that the sewer control panel has been fixed. Mayor Pro Tem Foy updated Council on the Eagle Scout project for a fire pit in front ofTown Hall. The project was not approved by the Scout Master as proposed. They would like to propose pavers instead ofc concrete and asked for objections to this change. None presented. Mayor Crawford asked for an update on the mirror tol be hung in the men's room at the park. Mr. Wagoner stated that the brackets are different from the previous mirror and that it willi require two people tol hang. e) Town Park Improvement Committee: Chairman Tee Stephenson provided an update to Council on the status of the playground improvements and that contracts have been executed ini regard to these projects. He noted that he visited area courts and presented pictures of those courts that were installed by Carolina Sports Court. He presented pictures ofa area pickleball courts atl Bur-Mill Park and noted the wear and tear already visible on the courts that were constructed over concrete. He added that the Mr. Stephenson stated that a proposal was solicited from Yates Construction for the repair ofan area adjacent tot the walking trail that is needed prior to construction. He: noted that this would be courts planned by Carolina Sports Court will not be laid over concrete. discussed later in the meeting. Financial Reports: 6. a) Finance/Budget Officer: Kimberly Thacker Mrs. Thacker presented the financial reports for both the General Fund and Water Fund accounts. 7. Citizen's Comments from the Floor (3-Minute Limit per Speaker). Maria Adams, Summerfield, expressed her concern with the Guilford County School Board's process for filling the vacant seat of] Pat Tillman who was elected to the County Commissioners. She noted the qualifications ofl Mr. Michael Logan, the nominee that the School Board has refused to appoint. She expressed concern in that lack of representation and the process by which the seat was filled by Mr. Bill Goble. Several Council members also expressed their concern over the: matter. PUBLICHEARINGS: 8. Rezoning Case # 23-U3-PLBD-00041, 7884 ZZ Eversfield Road, Stokesdale, NC. This property is located on the east side of] Eversfield Road (SR 2032), approximately 615 feet south of the Lambert Lake Road intersection on Guilford County Tax Parcel 85 #150412. This is a request to rezone thes subject property, which contains 22.65 acres, from AG, Agricultural, tol RS-30, Single-Family Residential. Thel Planning Board will make a recommendation to the Stokesdale Town Council, which will have the final authority to approve or deny the request. The applicants upon any major development of the property intend to, and are required to, connect to Stokesdale's water system. Mayor Crawford introduced the public hearing item and deferred to Guilford County Planner Mr. Snyder stated that the location of the property is on the east side of Eversfield Road (SR 2032) approximately 615 feet south oft the Lambert Lake Road intersection in Guilford County. He noted that this request is to rezone the property from AG tol RS-30. He presented a description oft the RS-30 residential district and presented the overall gross density of this district Mr. Snyder presented the characteristics oft the area, the existing land uses in the surrounding area. He noted the area would fall under the protection oft the Stokesdale Fire Department, served by the Town's water system and private septic systems. He noted any road improvements would be required by NCDOT. He noted the topography oft the area and added that there is no regulated floodplain on the property and is not located in a designated water supply watershed. Hei noted Mr. Snyder stated that staffrecommends: approval oft the request as presented, the rezoning is consistent with the: future land use plan and is reasonable and ini the public interest because itis adjacent to similarly zoned residential uses in the area and will provide low-density housing opportunities for citizens and in an area served by Stokesdale municipal water. Mayor Pro Tem Foy pointed out on the staff report an error that the rezoning requested is RS-40 Councilman Jones questioned the two streams on the property. Mr. Snyder confirmed that there are two streams mapped on the property which may be underground but according to their Justin Snyder to give the Staff Report. tol be 1.3 units per acre. two mapped streams on the property. however, it is RS-30. records, do exist. Mayor Crawford declared the public hearing open. Inl Favor: Chris Roar, Land Solutions, Highway 68, Oak Ridge, NC - noted the request is to rezone 22.6a acres to RS 30 and noted that it is consistent with Land Usel Plan and is reasonable for the area. He stated that they held an Open House here at town hall where 3 or 4 residents showed up. He pointed out that the Planning Board and Staff recommends approval and asked for the Council support to rezone the property. 86 In Opposition: None presented. Mayor Crawford closed the public hearing. Councilman Rigsbee made a Motion to approve the rezoning in Case # 23-03-PLBD-0041 for Mayor Pro Tem Foy asked for an amendment, that the request is consistent with the Stokesdale property located at 7884 ZZ: Eversfield Road, Stokesdale, NC. Land Use Plan and is in the public interest. Councilman Rigsbee accepted the amendment. Mayor Pro Tem Foy seconded the motion. Councilman Jones announced that hei is related to the seller's estate in this matter but has nothing to do with this property. The Town Attorney advised him to disclose this information. There is no conflict ofinterest and therefore allowed to vote on the matter. Mayor Crawford Councilman Landreth Aye Councilman Rigsbee Aye Motion carried. OLD BUSINESS: 9. Aye Mayor Pro Tem Foy Aye Councilman Jones Aye Discussion regarding the recording of Closed Sessions (Continued from April 13, 2023, Regular Town Council meeting). Mayor Crawford stated that this item was continued from the last meeting. He reminded Council that the lack ofap policy could open the Town up to litigation and deferred to the Town. Attorney. Town. Attorney Chuck Winfree explained that there are certain things that the law says are: not disclosed and presented some examples. He explained the liability that the Town accepts by recording closed sessions. The Town could be liable if for any reason information contained in closed session got out to the general public prior toi it being permissible to be released. He 1. Adopt no policy, permitting unrestricted recording of minutes and imposing 2. Adopt aj policy completely prohibiting the recording of closed meetings. 3. Adopt aj policy that allows only the' Town Clerk to record to assist with minutes, with the recording to be secured and deleted after the minutes are approved. Before presented the following five options for the Council to consider. no requirement for deletion of recordings. 87 minutes are finalized, any member ofTown Council, the Town Clerk, or Town 4. Adopt aj policy that allows only the Town Clerk to record, and the recording is preserved indefinitely but secured. Council would need to decide ifr members ofTown Council who were not members at the time oft the closed session could listen to the recording, and if people who were on the Council at the time oft the meeting could 5. Adopt a policy that allows any participant to: record, but requires the deletion of the recording once the minutes of the closed session have been approved. Council discussed all types ofs scenarios and pros and cons ofboth recording and not recording closed sessions. The Town Attorney recommended Council adopt aj policy to incorporate option Mayor Crawford made a Motion to adopt Option #3 Adopt aj policy that allows only the Town Clerk to record to assist with minutes, with the recording tol be secured and deleted after the minutes are approved. Before minutes are finalized, any member ofTown Council, the Town Attorney could listen to the recording. listen to the recording after their terms run. #3 and once those minutes are approved, the recording is destroyed. Clerk, or Town Attorney could listen to the recording. Councilman Rigsbee seconded. Mayor Crawford Councilman Landreth No Councilman Rigsbee Aye Motion failed 2-3. Aye Mayor Pro Tem Foy No Councilman Jones No Councilman Rigsbee made a Motion that we adopt a policy to completely prohibit the recording Councilman Jones cited situations in the past for open sessions and closed sessions where both Staffand Council members used the tape for clarification purposes. Councilman Landreth cited situations where people were misquoted in the minutes and they came and asked the minutes to ofclosed session. Mayor Crawford seconded that motion. be changed. Mayor Crawford Councilman Landreth No Councilman Rigsbee Aye Motion failed 1-4. policy. No Mayor Pro Tem Foy No Councilman Jones No Mayor Pro Tem Foy stated that he is in favor of option #4 and to follow the records retention 88 Mayor Pro Tem Foy made a Motion to adopt option #4: Adopt a policy that allows only the Town Clerk to record the meeting, and the: recording is preserved indefinitely but secured. Council would need to decide if members ofTown Council who were not members at the time oft the closed session could listen to the recording, and if people who were on the Council at the Mayor Crawford offered an amendment that the Council members who were: not members of the Council at the time would have access to the recording of closed sessions. He didn'tfeel Council should decide who has access. He stated that the previous Town Attorney advised that he would have access to closed sessions after he was elected to office. He believed once youare elected to the Town Council you should have access to whatever: is at' Town Hall. Mr. Winfree stated that the flip side of that would be that once someone goes off the Council Mayor Pro Tem Foy restated his Motion to adopt a policy that allows the Town Clerk and any Council member to record a closed session meeting, previous Town Council members that are new to the Board could listen to any closed session recording as long as they are an elected official. Once a Town Council member's term ends they would no longer have any access to Mr. Winfree asked what happens to the recordings. Council continued to discuss the concern Mayor Pro Tem Foy amended his motion to adopt a policy that the Town Clerk record all closed session meetings and preserve that closed session meeting and it should not be discarded and that any Town Council member shall not make personal recordings of any closed session meetings on their personal device. However, any Council member may listen to any closed session meeting time oft the meeting could listen to the recording after their terms run. they would no longer have access to closed session information. closed session meetings. Mayor Crawford seconded the motion. with securing these recordings appropriately. during their time in office. Councilman Rigsbee seconded the motion. Mayor Crawford Councilman Landreth No Councilman Rigsbee Aye Motion failed 2-3. NEW BUSINESS: No Mayor Pro Tem Foy Aye Councilman Jones No 10. Consideration ofal Resolution setting filing fees for Town of Stokesdale Municipal Election on November 7,2 2023. Mayor Crawford made a Motion to approve Resolution R-2023-06 setting the filing fees for Town of Stokesdale Municipal Election. Councilman Jones asked to amend the motion to set the filing fee at $10. 89 Mayor Crawford did not accept the amendment. Mayor Pro Tem Foy seconded the motion. Mayor Crawford Councilman Landreth Aye Councilman Rigsbee Aye Motion carried 4-1. Aye Mayor Pro Tem Foy Aye Councilman Jones No 11. Consideration to allow Deputy Town Clerk to attend 2023 Clerks Summer Conference and 2023 Master Clerks Academy. DESCRIPTION COST $ 700.00 $ 80.00 TOTAL $2,165.00 NOTES North Carolina Association of Municipal Clerks Summer Conference (August 24-26, 2023) (Embassy Suites by Hilton- Wilmington, NC) Registration Accomodations Meals Mileage Parking $1,000.00 41 Nights At $250 Per Night $ 80.00 41 Meals At $20 Per Meal 305.00 460 Miles) x$ $0.655 Per Mile: - $301.30 UNC School of Government: 2023 Master Clerks Academy (November 15-17,2023) (Beaufort Hotel- Beaufort, NC) Registration Accomodations Meals Mileage Parking $ 580.00 9 80.00 TOTAL $1,370.00 $ 315.00 31 Nights At $105 Per Night 60.00 31 Meals At $20F Per Meal 335.00 505 Miles x$ $0.655 Per Mile =$330.78 TOTAL COMBINED COST $3,535.00 Mayor Crawford made a Motion to approve the attendance by the Deputy Town Clerk tol both thel NC. Association of Municipal Clerk's Summer Conference and the UNC School of Government 2003 Master Clerks Academy. Mayor Pro Tem Foy seconded the motion and offered an amendment to include the expenditure up to $4000, funds to be pulled from the Administrative Assistant salary line item. Mayor Crawford accepted the amendment. Mayor Crawford Councilman Landreth Aye Councilman Rigsbee Aye Aye Mayor Pro Tem Foy Aye Councilman Jones Aye 90 #14. Consideration ofa a Capital Project Ordinance for construction ofl Park Improvements and/or Water Line Extensions. Town Clerk Dale Martin informed Council that in accordance with NCGS 159 13.2 a capital project ordinance is required and read the general statute. She further explained that once the budget is adopted, any change would require an amendment to the Capital Project Ordinance. The ordinance should identify the project as well as the funding source being used. Mayor Pro Tem Foy made a Motion to adopt the following Capital Project Ordinance No. 0- 2023-04, funds from the $50,000 Small Town Development Grant and the. American Rescue Plan funds for the balance. ORDINANCE NO. 0-2023-04 AN ORDINANCE MAKING APPROPRIATIONS FOR THE: FUNDING OF THE STOKESDALE TOWN PARK CAPITAL PROJECT ORDINANCE FUND BE IT HEREBY ORDAINED by the Town Council of the Town of Stokesdale, North Carolina, that pursuant to Section 13.2 of Chapter 159 of the General Statutes of] North Carolina, the following Capital Section 1: The project authorized is for the Stokesdale Town Park Improvements described as the addition ofal basketballpickleball court, aplayground equipment set, the development ofnature trails, and upgrades Section 2: The revenues for the above-mentioned improvements shall be established as follows: Project Ordinance is hereby adopted: to the existing park grounds. Account Number R-002000 R-002500 R-002000 Account Name Basketbal/Picklebal Court, Playground Equipment Set, & Nature Trails Total Budget $550,000.00 Upgrades to Existing Park Grounds $50,000.00 Section 3: That expenditures for the above-mentioned improvements appropriated as follows: Account Number E-002000 E-002500 E-002000 Account Name Basketbal/Pickleball Court, Playground Equipment Set, & Nature Trails Total Budget $550,000.00 Upgrades tol Existing Park Grounds $50,000.00 91 Section 4: The Finance/Budget Officer is hereby authorized to maintain, within the capital project fund, sufficient and specific detailed accounting records to satisfy the disclosure requirements ofall contractual Section 5: Funds may be advanced from the General Fund for the purpose of making payments as due. Reimbursement requests should be made toi the granter agency in an orderly and timely manner. Section 6: The Finance/Budget Officeri is directed toi report, on a quarterly basis, on the financial status of each project element in Section 2 and Section 3 as mentioned above. Furthermore, the Finance/Budget Officer is instructed to include a detailed analysis of past and future revenues and expenses during each Section 7: This Capital Project Ordinance shall be entered into the minutes of the Town Council after adoption. Copies thereof shall be filed with the Finance/Budget Officer and Clerk to the Town Council. agreements, ifa applicable. annual budget submission madei tot the Town Council over1 the life ofthe project. Adopted this 11th day ofl May, 2023. Mayor Crawford seconded the motion. Mayor Crawford Councilman Landreth Aye Councilman Rigsbee Aye Motion carried. Aye Mayor Pro Tem Foy Aye Councilman Jones Aye 12. Consideration to Construct Basketball and Pickleball Courts at Stokesdale Town Mayor Pro Tem Foy referred to comments by Mr. Stephenson earlier and then provided la summary oft the proposed basketball courts and the pickleball courts to the Town's Park. He Mayor Pro Tem Foy made a Motion to accept the proposal submitted by CJ Builders, Inc. ini the amount of $297,836, as General Contractor to oversee the construction and to manage all contracts in the construction oft the basketball and pickleball courts at the Town Park and the subcontractor, Carolina Sport Court, will install the support surface for the basketball and pickleball courts, the funding source will be the $50,000 Small Development Grant from the Federal Government Grant with the balance coming from the American Rescue Plan (ARP) Councilman Jones seconded the motion and offered the following amendments: Park. presented pictures of the proposed courts. funds. 1. The eight (8) ft. fence, backed to at ten (10) ft. fence. 2. Soil compaction test Councilman Jones recommended that a soil study be considered. He noted scenarios that could come into play and Council discussed ways to address the soil concern in the proposal and to have an engineer conduct a study. 92 Council discussed having the Town Attorney draft a contract with CJ Builders. Councilman Jones then withdrew his request to include the soil test as an amendment to this motion but asked that the ten foot fence remain. Mayor Pro Tem Foy felt someone must be very aggressive to get a ball over an eight foot fence. Councilman Jones then withdrew this amendment for a ten foot fence. Councilman Jones seconded the motion again. Mrs. Thacker stated that she has received an email this morning from the NC League of Municipalities stating that the ARP funds, any money spent to aj person or business, the Town must make sure that they have not been suspended or de-barred from the Federal Government and cited three options for verifying their information. Mrs. Thacker asked the Town Attorney if this would apply to subcontractors and would the Town be responsible for verifying subcontractors information as well. Mr. Winfree stated he felt it should apply to the General Contractor and the primary subcontractor, Carolina Sports Court. Mayor Crawford Councilman Landreth Aye Councilman Rigsbee Aye Motion carried. Aye Mayor Pro Tem Foy Aye Councilman Jones Aye Mayor Pro Tem Foy made a Motion that the Town Attorney draft a contract for CJ Builders and tol be executed by the Mayor. Mayor Crawford seconded the: motion. Mayor Crawford Councilman Landreth Aye Councilman Rigsbee Aye Motion carried, 4-1. Aye Mayor Pro Tem Foy Aye Councilman Jones No 13. Consideration ofl Proposal to Repair areas of Erosion at Stokesdale Town Park. Mayor Pro Tem Foy explained the repair needed at the Town Park and that Yates Construction Mayor Pro Tem Foy made a Motion to accept the proposal from Yates Construction in the amount of $4,500.00 for erosion control repairs. He added that it be funded by the American has evaluated the situation and submitted aj proposal for the repairs. Rescue Plan funds. Mayor Crawford seconded the motion. 93 Mayor Crawford Councilman Landreth Aye Councilman Rigsbee Aye Motion carried. Aye Mayor Pro Tem Foy Aye Councilman Jones Aye 15. Relocation of Curraghmore Court water system blow off assembly. Councilman Jones stated that he requested this item; however, he does not have all the paperwork and requested that this item be continued to the. June meeting. Councilman Jones made a Motion to continue this item to the. June meeting. Councilman Landreth seconded the motion. Mayor Crawford Councilman Landreth No Councilman Rigsbee No Motion failed 2-3. Aye Mayor Pro Tem Foy No Councilman Jones Aye Council discussed whether or not Council members can continue an item off the agenda without Councilman Jones stated that he did not have the paperwork and was not able to discuss the Mayor Pro Tem Foy then asked Mr. Wagoner to explained the work being performed by A &D Enterprises. Mr. Wagoner explained the process of flushing the Town's blowoff valves and Mayor Pro Tem Foy then addressed the issue at his house, whereby his driveway was dug up. He noted that he wrote a check reimbursing the Town for tearing up his driveway and paid to have it repaved. He expressed a concern with the method and timing of1 being notified that this was going to happen. He expressed a concern with how this would be handled in other situations. Council continued to discuss this situation and the responsibility oft the Town to correct Councilman Rigsbee made a Motion for the Town incurs the cost going forward and to reimburse Mr. Foy for what he paid to the Town. Mayor Crawford seconded the motion. avote. Town Attorney recommended action by Council. matter. noted various issues such as leaks and faulty equipment that were found. situations such as this in the future. Councilman Jones suggested that Mr. Foy recuse himself. Councilman Rigsbee amended his motion to state the Town to incur the cost for maintenance of the valves going forward. Mayor Crawford accepted the amendment. 94 Council discussed future construction and preventing the valves from beingi in the driveways going forward. It was suggested that the Town consult with Rural Water Association on this Council Rigsbee restated his Motion that the Town accept the liability and cost incurred for the Mayor Crawford offered an amendment that this pertains to existing construction and not future Several Councilmembers agreed to hold this matter open until we talk with Rural Water Association and then come back for future discussion to develop aj policy going forward. Councilman Rigsbee then made a Motion to reimburse Mr. Foy for $1250 that hej paid to the Councilman Jones asked for an opinion by the Attorney in regard to Mr. Foy recusing himself. matter. current blowoff project. construction. Town. Councilman Landreth seconded the motion. Councilman Rigsbee withdrew his motion. 16. Citizen's Comments from the Floor (3-Minute Limit per Speaker). Mr. Stephenson noted that site plans are approved by Guilford County and asked ifthese valves Councilman Jones explained that the general contractor is ultimately responsible for working around all utilities. Mr. Stephenson asked how these valves are located and Councilman Jones 16a. Closed Session for the purpose of Consulting with the Town Attorney and Mayor Crawford made a Motion to enter into Closed Session at 9:54 PM: for thej purpose of Consulting with the Town Attorney and preserving the Attorney-Client Privilege. Mayor Pro are marked on these plans and isi it in the Town's water specs. explained the tracer wire that runs with the mains. preserving the Attorney-Client Privilege. Tem Foy seconded the motion. Mayor Crawford Councilman Landreth Aye Councilman Rigsbee Aye Motion carried. seconded the motion. Mayor Crawford Councilman Landreth Aye Councilman Rigsbee Aye Motion carried. Aye Mayor Pro Tem Foy Aye Councilman Jones Aye Mayor Pro Tem Foy made a Motion to enter into Open Session at 10:29 PM. Mayor Crawford Aye Mayor Pro Tem Foy Aye Councilman Jones Aye 95 Mayor Pro Tem Foy announced that Councilman Jones was excused from the meeting during the Closed Session. 17. - Council Comments. Councilman Rigsbee stated that any citizen that wants tol know what happens at the Town Council meeting should watch it for themselves ift they want to know the truth. Mayor Pro Tem Foy wished all the mothers a Happy Mother's Day and happy anniversary to the Councilman Landreth wished his wife Karen a Happy 36-year Anniversary. Karen was in the Landreths. audience and attends all Council meetings. Mayor Crawford thanked everyone for attending. 18. Adjournment. seconded the motion. Mayor Crawford Councilman Landreth Aye Councilman Rigsbee Aye Motion carried. Mayor Pro Tem Foy made a Motion to adjourn the meeting at 10:31 PM. Councilman Landreth Aye Mayor Pro Tem Foy Aye Councilman Jones Aye Being no further business to come before Council the meeting was adjourned at 10:31 PM. ANNOUNCEMENIS: The' Town of Stokesdale Town Planning Board meeting scheduled for Thursday, The Town of Stokesdale Town Council will hold a regular meeting on Thursday, June 08, 2023, at 7:00 PM inside the Town Hall Council Chambers. May 25, 2023, has been cancelled. Approved: July 13, 2023 LLELA Michael E. Crawford, Mayor ATTEST: Robbie Lee Town Clerk Bd Wagoneri, 96