MINUTES TOWN OF STOKESDALE REGULAR' TOWN COUNCILMEETING 8325 ANGEL PARDUE ROAD STOKESDALE, NC27357 NOVEMBER 9, 2021 AT 7:00PM  Member's present: Mayor John Flynt, Mayor Pro-Tem Thearon Hooks, Councilman Jimmy Landreth, Councilman Derek Foy, Councilman Jim Rigsbee, Town Attorney Tom Medlin, Interim Town Clerk Dale Martin, Finance and Budget Officer Kim Thacker, Guilford County  Planner Oliver Bass, Deputy Clerk Robin Yount  1.  Call to Order, Pledge of Allegiance, and Invocation.  Mayor John Flynt called the meeting to order and led the Pledge of Allegiance. Randy Southard  delivered the invocation.  2.  Review and Adopt the Agenda.  Mayor John Flynt made. a Motion to adopt the agenda as presented. Mayor Pro Tem Thearon  Hooks seconded the motion.  Vote: Noes: None 3.  Ayes: Mayor Pro Tem Thearon Hooks, Councilman Jimmy Landreth, Councilman Derek  Foy, Councilman Jim Rigsbee, Mayor John Flynt  Review and Approve Minutes: August 24, 2021 (Closed Session), September 9, 2021  (Closed Session), October 21,2021 Special Called Meeting.  Mayor John Flynt mad a Motion to approve the August 24, 2021 (Closed Session) minutes as  presented. Councilman Jimmy Landreth seconded the motion.  Vote: Noes: None  Ayes: Mayor Pro Tem Thearon Hooks, Councilman Jimmy Landreth, Councilman Derek  Foy, Councilman Jim Rigsbee, Mayor John Flynt  Mayor John Flynt mad a Motion to approve the September 9, 2021 (Closed Session) minutes as  presented. Councilman Jimmy Landreth seconded the motion.  Vote: Noes: None  Ayes: Mayor Pro Tem Thearon Hooks, Councilman Jimmy Landreth, Councilman Derek  Foy, Councilman Jim Rigsbee, Mayor John Flynt  151    Mayor John Flynt mad a Motion to approve the October 21, 2021 Special Called Meeting minutes as presented. Councilman Jimmy Landreth seconded the motion.  Vote: Noes: None 4.  Ayes: Mayor Pro Tem Thearon Hooks, Councilman Jimmy Landreth, Councilman Derek  Foy, Councilman Jim Rigsbee, Mayor John Flynt  Public Safety Reports: Fire Department.  Fire ChiefTodd Gauldin reported for the month of October ai total of73 calls. There were 37 fire related calls and 361 rescue calls. Cold weather tips are to make sure your chimneys are clean and check your wood stoves. Be sure to use the correct fuel forl kerosine heaters. Be sure to vent  release and make sure there are no combustibles nearby.  5.  Administrative Reports:  Administrative Report from Interim Town Clerk:  Town Clerk Dale Martin reported 8 meters were sold and installed this month, 27 applications for transfer of water service and 44 meters have been put on hold for builders. Wel had 97 (811) calls and 659 water bills mailed out. There are: issues with the unit in the heating and airi in the  lobby and Stokesdale Heating and. Air have been contacted.  a) Planning Board: None presented  b) Events Committee:  Councilman Derek foy announced the Christmas parade will be on December 11th and the parade committee will continue to work on coordinating the event. There will be some food trucks,  vendors, and live music. We currently have three sponsors sO far.  c) Property Committee:  Councilman Jim Rigsbee reported that the mulch has been spread at Town hall and that some  trees have been trimmed along the path to the park. Financials: Finance/Budget Officer:  6.  Kim Thacker  Finance and Budget Officer Kim Thacker presented the October financial report for both the General Fund and Water Enterprise fund. Mrs. Thacker noted that the audit is almost complete. Mrs. Thacker has received the preliminary report to review from Mr. Rouse and everything 7. Citizen's Comments from thel Floor (3-minute Limit per Speaker)  should be completed by the end ofthe week.  L3  None presented.  152    PUBLICI HEARINGS:  8.  PUBLICI HEARING AND CONSIDERATION OF A RESOLUTION CREATING Jim Albright, Guildford County Fire Marshal stated that he briefed the Council in September on the County's request to consider approval ofa service district overlay oft the existing Stokesdale Fire Protection District in Guilford County. It is thei intent oft the County to levy a1 tax on the Rural Fire Protection Service Districts beginning in FY 2023 and to zero out the Fire Protection Districts; however, they will remain. In FY 2022 they began the process with Colfax and Deep River Service Districts that are only taxed into those service districts and no longer taxed in the Mayor Pro Tem Thearon Hooks asked what the negatives were. Mr. Albright stated that you will lose the cap in the service district however the approval process remains the same. Mr. Albright also stated they have service districts in all districts ini the County except Stokesdale and one other. All funds generated out ofthe service district will be used in the service district just as it's done now. Out of19 County Fire Departments and 21 Municipal Fire Departments that serve the County they have a total of25 contracts and 23 of those contracts have service districts. Mayor John Flynt noted an item in the resolution and asked if anyone has opted out ofthe this agreement. Mr. Albright noted that no one has opted out oft the agreement. Councilman Jim Rigsbee asked ift the fire department could initiate an increase or would the County initiate the increase. Mr. Albright stated that any increase would go through the fire  A TOWN OF STOKESDALE FIRE SERVICE DISTRICT.  Rural Fire Protection Districts,  districts then go through an approval process with the County.  Mr. Albright stated that as ofnowt those people who have a fire protection layer and a service system layer, it is duel listed on their tax statement. Each of these layers are charged  individually.  Councilman Derek Foy ask Mr. Albright to confirm that the: funds being collected in the fire district needed tol be spent in the fire district. Hei then asked how do we tract and segregate the Mr. Albright stated that we collect from Guilford County from the Guilford County Tax Department, and we collect from Rockingham County from the Tax Department for those in that county. Nothing that we are doing tonight has any impact on what is happening in Rockingham Councilman Jimmy Landreth asked ift the tax rate is the same in Rockingham County as  funds with both Guilford County and Rockingham County customers.  County.  Guildford County.  153    A citizen (name unknown) asked ift the taxes are based on the property and ift the property taxes are going up then why do we: need more taxes. Mr. Albright stated it was the same in both counties. Mr. Albright explained this was not an approval toi increase taxes in a district. Itisa Councilman Derek Foy stated he still does not understand how funding is going to be tracked and collected. Mr. Albright explained that the dollars that are generated are specific to the district and the Stokesdale Fire District. Those dollars are then budgeted to the Stokesdale Fire Department and those budgeted dollars are then distributed to the Stokesdale Fire Department on aregular monthly basis as they are collected. At the end oft the year when excess dollars are collected then they will remain inl Fund Balance and those Fund Balances are then given to the Councilman Derek Foy asked if with this new layer would be required by the auditors to be separated and tracked because you) have a Guilford County layer and a Stokesdale layer which Mr. Albright explained that there is an independent audit every year and the auditors have never found an issue. Stokesdale will be getting the same funds but just under a different name. Councilman Jimmy Landreth noted that al lot of citizens will question the fairness issue with no cap in Stokesdale and Rockingham County has a cap. Councilman Landreth stated this will be a vote for the County Commissioners and they willl have to send notices to the property owners to have al hearing and thinks aj notice should have gone out for the meeting tonight. Once this is  mechanism in which the taxes are collected.  Fire Districts they were collected from.  will also pull from Rockingham County.  voted on then it is done and can't be changed.  Mr. Albright stated that he does not have the legal expertise to address this, but it is correct that under the General Statue an action by the Board of Commissioners is required. Tom Medlin, Town Attorney stated he will have to research and report back to the Board. Mayor Pro Tem Thearon Hooks stated that he believes we are getting Rockingham County and Guilford County funds now and asked Mr. Gauldin oft the Fire Department to confirm ifv we can Mr. Gauldin confirmed that we dol have a Mutual Aid agreement ift they need help then  go anywhere in Rockingham County as needed.  Stokesdale Fire Department can go anywhere in the County.  Mayor Pro Tem Thearon Hooks asked what the downside would be. Mr. Albright stated that the town has a statutory ceiling on1 taxation for fire protection and with this particular action then this  ceiling goes away.  154    Councilman Derek Foy noted that all the rural fire districts receive a cut oft the sales tax distribution from Guilford County and asked ifthat is a statutory requirement that Guilford County do this and will they continue to do this? Mr. Albright stated that the sales tax distribution choice from Guilford County is to distribute in such a way that all taxation districts Councilman Derek Foy asked it the districts are, guaranteed to continue to receive taxes. Mr. Albright stated that they cannot unless they change the distribution method oriftl the distribution  receive aj portion.  method was changed by the General Assembly.  Mark Richardson, Rockingham County Commissioner- - asked if there will be different levels ofs service for Rockingham County and Stokesdale. Mr. Albright stated: no and that it's looked at as one district for both. There are equal levels of protection regardless oft the address oft the  residence.  A citizen (name unknown) stated that Oakridge and Summerfield do not have a water system and asked ift they receive water from Stokesdale, Fire ChiefGaulden said that in an emergency we have always helped our neighbors. The Fire Department does not owni the water system, it belongs to the town and the town has always been gracious to make sure we help them ifneeded. Commissioner Richardson asked ift the Fire District is short of money. Fire Chief Gaulden states that they have historically been fiscally conservative and maintain ai responsible fund balance. Mayor John Flynt stated in a previous conversation Rockingham County Commissioner Mark Richardson projected a growth of2 2800 new homes within the Roy Carroll Property. Mr.  Richardson stated he was not at liberty to comment.  Mayor Flynt stated there is going tol be significant growth in both counties including industrial space and Rockingham County is bringing in water and sewer in this area and over the next few  years you will need additional fire protection.  Councilman Jim Rigsbee stated that we are not doubling out taxes but are getting rid of one and replacing it with another one without the cap. The question is do we want to get rid oft the cap and do we trust our Fire Department to spend the money wisely. Do we have any oversight in the  spending?  Mayor John Flynt noted this does have to be approved by the commissioners and they have been good stewards of the: money. All 19: Fire Departments will be operating the same way and Councilman Derek Foy asked ifGuilford College Fire Department still existed. Mr. Albright stated that the Fire Department is now contracted with the City of Greensboro.  everyone will be equal.  155    A citizen (name unknown) asked about the 1.51 million set aside which includes funding fora a new truck. Mayor John Flynt explained they have a "New Truck Fund" set aside. in a separate Another citizen (no name) commented that Chief Gauldin and the Fire Department have done an excellent job and he is proud of ail that they have accomplished but he believes they need tol keep Randy Braswell stated that a lot of people here tonight were not here the first time the Overlay District was presented to the Town Council. The efforts of several people allowed the General Statue to change sO the citizens could vote on this. Mr. Braswell said that according to the General Statue you must let the citizens vote to increase the CAP. Mr. Braswell stated that when he was on Council he could not vote for the overlay because the General Statue says that the citizens must vote. Mr. Braswell asked the Mayor and Council to do the right thing and let the Councilman Jimmy Landreth would like to confirm that all the taxpayers received aj public notice and would like to ensure everyone is aware and can speak. Councilman Landreth noted that we have one oft the best Fire Departments and he does not see aj problem ift they need funding but he would still like to see limits and CAPS and to see the notiçes go out to the taxpayers. Dale Martin, Town Clerk read a statement from Mr. Tim Jones stating that he supports adequate funding for the Stokesdale Fire Department and expressed his appreciation for the professional job they do. He noted the proposal is for an uncapped second fire tax at a time when the current fire district tax has 50% remaining on it before the legislative limit of15 cents per $100is reached. He noted that the resolution before Council does not include Rockingham County. He questioned the timing of this request and that citizens have not had ample time to study the issue and requested that Council delay this agenda item until such time that all questions and concerns  fund.  the CAP.  people vote.  have been answered.  Mayor John Flynt closed the public hearing and read the Resolution of Agreement Regarding  Stokesdale Fire Service District Resolution.  No. R-2021- DISTRICT  RESOLUTION OF AGREEMENT REGARDING STOKESDALE FIRE SERVICE  WHEREAS, the Stokesdale Fire Protection District ("the Stokesdale FPD") is a special tax district established November 9, 1954 pursuant to N.C.G.S. Chapter 69, Article 3a, to WHEREAS, the Stokesdale FPD is comprised only and entirely of properties now within  fund the provision of fire protection to properties within thel RFPD; the municipal limits of the Town of Stokesdale ("Town");  L  156    WHEREAS, N.C.G.S. Chapter 153A, Article 16, Part 1 (County Service Districts), authorizes counties to define service districts to finance, provide, or maintain certain services, facilities, and functions, including fire protection,' for the service district in addition to or to a greater extent than provided for the county as a whole; WHEREAS, pursuant to that authority, Guilford County ("County") has established fire service districts, typically overlaying existing rural fire protection districts, for all portions ofGuilford County for which County, rather than a municipality, provides fire protection, except for the Kimesville and the Town ofStokesdale, to create a more modern, flexible, and efficient method to fund and provide fire protection in Guilford WHEREAS, County proposes to create a Stokesdale Fire Service District ("Stokesdale FSD") overlaying the Stokesdale FPD and matching the boundaries oft the Town, WHEREAS, creating a Stokesdale FSD requires following the process set out in N.C.G.S. $153A-302, including aj public hearing before County's Board of  County;  pursuant to N.C.G.S. Chapter 153A, Article 16, Part 1;  Commissioners;  WHEREAS, under N.C.G.S. $153A-302(a), "territory lying within the corporate limits of ac city : may not be included unless the city : agrees by resolution to such inclusion;" WHEREAS, the Stokesdale Town Council finds that the creation ofthe Stokesdale FSD is in the best interest of the Town and its citizens and therefore supports the creation of the Stokesdale FSD and including within it territory lying within the Town's corporate NOW,THEREPORE, THE: STOKESDALE TOWN COUNCIL RESOLVES that: 1. Pursuant to N.C.G.S. $153A-302(a), the Town Council agrees to the inclusion of the territory lying within and constituting the Town of Stokesdale (as it may be comprised at the time ofthe creation of the Stokesdale Fire Service District) ini the 2. This agreement shall remain in effect unless modified or terminated by further  and  limits;  Stokesdale Fire Service District, action ofthe' Town Council.  ADOPTED the day ofNovember, 2021.  Mayor John Flynt made al Motion to adopt al Resolution of Agreement regarding the Town of Stokesdale Fire Service District as presented. Mayor Pro Tem Hooks seconded the motion.  As used herein, fire protection also includes emergency medical and rescue services.  157    Councilman Derek Foy asked why they think it would make it a more modern, flexible, and Mayor. John Flynt stated that because any request for a change in rate will go to the County Commissioners. Thel board does an annual detailed budget and looks at the expenditures from the previous year. Mayor Flynt noted that it took 60 years to get to 10 cents and he trusts the Fire Department. The Commissioners will require every Fire Department to show ai need and have the financial resources toj pay fori it. Stokesdale Fire Department has a tremendous reputation of looking after the citizens and we need to make sure they have the proper equipment and Councilman Jimmy Landreth stated that we should have sent out a notice to all the property owners that will be affected so they can speak. These people do not have a clue what is going on. This is not against the Fire Department. Councilman Landreth noted hei is just uncomfortable to Rockingham County Commissioner Mark Richardson asked for a point of order regarding Mayor John Flynt's eligibility to vote. Mr. Richardson note that Mayor Flynt sits on the Board oft the Fire Department and is now voting for funds for the Fire Department and asked ift this creates a Tom Medlin, Town Attorney stated this is not ai resolution for funds or ai tax. Iti is also not a gain for anything or anyone who sits on the board. The resolution is a mechanism ofon! how this  efficient method to providing fire protection.  manpower toj provide the town the best service possible.  vote on this with only a weeks' notice to the citizens.  conflict ofinterest.  could be generated and he does not see this as a conflictofinterest.  Mayor Flynt then called for a vote.  Vote:  Ayes: Mayor Pro' Tem Thearon Hooks, Mayor John Flint.  Noes: Councilman Jim Rigsbee, Councilman Derek Foy, Councilman Jimmy Landreth,  MOTION FAILED  Mayor Flynt called ai recess at 8:36 pm. The meeting reconvened at 8:44 pm  9.  REZONING CASE NUMBER 21-09-STPL-06259: 8370 PRINCE EDWARD ROAD: This is a request to rezone property from AG, Agricultural to RS-40, Single- family Residential. Located on a portion of property at 8370. Prince Edward Road, Guilford County Tax Parcel 221900 (part), Stokesdale NC. Portion to be rezoned is adjacent to Northridge Subdivision near Backridge Drive, approximately 12.77 acres.  Applicant: Richard S. Carraway.  Mayor John Flynt introduced the rezoning case and deferred to Mr. Oliver Bass, Guilford County Planner: for the Staff Report. Mr. Bass stated that this is ai request toi rezone the property at 8370 Prince Edward Road. The subdivision is approximately 12.7acres owned by Richard Carraway. The request is to rezone from AG. Agricultural to RS-40, Single Family Residential. This case  158    was submitted at the November Planning Board meeting. A minimal lots size of40,000 square feet is desired. It is consistent with the Stokesdale Land Use Plan for residential uses and therefore staff recommends approval along with ai recommendation for approval by the Planning  Board. InF Favor:  Mayor Flynt declared the Public Hearing open.  Steve Carraway, 8380 Prince Edward Rd., Stokesdale, NC- petitioner for this request. He requested approval oft the project and made himself available for questions. Brent Sievers, Fleming Engineering, Triad Drive, Colfax, NC- Engineer for the project and asked for support of the project. Hei made himselfavailable for questions.  Opposed: None presented.  Be no additional speakers, Mayor Flynt closed the public hearing.  Councilman Derek Foy made a Motion to approval the rezoning for Case 21-09-STPL-08259, 8370 Prince Edward Road from AG, Agricultural to RS -40, Single-family residential. The request is consistent withi the Stokesdale Land Use Plan, Staff recommends approval, and the  Planning Board recommends approval. Mayor Pro Tem Hooks seconded the motion.  Vote: Noes: None Motion carried. OLD BUSINESS  Ayes: Mayor Pro Tem Thearon Hooks, Councilman Jimmy Landreth, Councilman Derek  Foy, Councilman Jim Rigsbee, Mayor. John Flynt  10. Consideration ofal Proposal from Stokesdale Heating & Air Conditioning to replace Councilman Derek Foy made. a Motion to continue this matter until the December meeting. Ayes: Mayor Pro Tem Thearon Hooks, Councilman Jimmy Landreth, Councilman Derek  HVACunits at' Town Hall.  Councilman Landreth seconded thei motion  Vote: Noes: None  Foy, Councilman Jim Rigsbee, Mayor John Flynt  11. Consideration of a Proposal to Clean Up front of' Town Hall and install netting to prevent birds from nesting along the ceiling. (Tabled from August 12, September 9,  October 14)  159    Council expressed concerns about the nets, how they would look and howl long they would last.  It was suggested that Council and staff continue to look for alternatives.  NEW BUSINESS  12. Consideration of an Interlocal Agreement between the' Town ofs Stokesdale and the County of Guilford for the Provision of Animal Shelter and Control Services. Mayor Flynt introduced the Interlocal Agreement and added that this is ai renewal oft the agreement we. have for animal control services by Guilford County in the amount of $16,000. Mrs. Kim Thacker stated that the Town budgeted $15,500, however, the invoicei is for $16,772 Councilman Foy made a Motion to renew agreement as presented. Councilman Landreth  and noted that a budget amendment would be needed.  seconded the motion Vote: Noes: None  Ayes: Mayor Pro Tem Thearon Hooks, Councilman Jimmy Landreth, Councilman Derek  Foy, Councilman Jim Rigsbee, Mayor John Flynt  Town Attorney Tom Medlin reminded Council that the budget amendment and pre-auditing the Mrs. Thacker stated that a budget amendment is needed in the amount of$1,272.00. Mayor Flynt made a Motion to amend the budget in the amount of$1,272.00. Councilman  expenses would be needed prior to signing the agreement.  Rigsbee seconded the motion.  Vote: Noes: None  Ayes: Mayor Pro Tem Thearon Hooks, Councilman Jimmy Landreth, Councilman Derek  Foy, Councilman Jim Rigsbee, Mayor. John Flynt  13. Discussion on removing water meters on abandoned property.  Mayor Flynt read a statement he prepared after receiving ai request to remove. an abandoned meter that is currently being billed the $25 customer service fee even though the water has been turned off. He noted that the water was last used in 2017 and the customer continued toj pay the customer service fee until July 2020 and is now asking that the meter be removed, and the fee be waived. Mayor Flynt stated that the Town has no policy in place for the removal ofa water meter. He asked ifCouncil wanted to consider such a policy whereby the property owner would bare the expense ofi removing the abandoned meter and further sign a statement that ifa meter were ever installed on the property in the future, the cost would be the current rates inj place at  the time the meter is installed.  160    Afteral lengthy discussion siting various scenarios with rental property and other situations, the Council decided to take no action on this item at the time and revisit the issue in the near future. 14. Discussion and Consideration on Low Income Houschold Water Assistance Program Town Clerk Dale Martin referenced information received from Guilford County in regard toa new program that provides assistance tol low income families with paying utility bills. Mayor Pro Tem Hooks made a Motion to approve an agreement with Guilford County Department of Health and Human Services, Low Income Household Water Assistançe Program (LIHWAP) Water and Wastewater Vendor Agreement. Mayor Flynt seconded the motion Ayes: Mayor Pro Tem Thearon Hooks, Councilman Jimmy Landreth, Councilman Derek  administered by Guilford County DSS.  Vote: Noes: None  Foy, Councilman Jim Rigsbee, Mayor. John Flynt  15. Review and Adoption of the 2022 Town of Stokesdale Meeting Schedule. Mayor Flynt made a Motion to approve the 2022 Town Council meeting schedule as presented. Ayes: Mayor Pro Tem Thearon Hooks, Councilman Jimmy Landreth, Councilman Derek  Councilman Foy seconded the motion  Vote: Noes: None  Foy, Councilman Jim Rigsbee, Mayor John Flynt  16. Comments from Council.  Councilman Rigsbee referenced the earlier discussion regarding the Fire Service District and stated that he was concerned that the public has not had sufficient time to study it. He pledged his support of the Fire Department and for more public involvement in this matter.  Councilman Foy thanked all the Veterans in attendance tonight. their last regular meeting before the new Council is sworn in.  Councilman Landreth thanked Mayor Flynt and Mayor Pro' Tem Hooks for their service as this is Mayor. Pro Tem Hooks stated that it has been a good experience, and not always easy when you are dealing with people. He enjoyed his time and watching the town grow. He also thanked Mayor Flynt stated that it has been a privilege to serve. He challenged the Council to continue to advocate for our citizens and to not back down from doing the right thing. He thanked all the  everyone in attendance.  staff and Mr. Medlin for their efforts and hard work.  17. Announcements:  a) Planning Board Meeting Thursday, December 18th at 7pm at' Town Hall  161    b) Town Council Meeting Thursday, December gth at 7 pm at Town Hall  18. Adjournment. motion. Vote: Noes: None  Mayor Flynt made a Motion to adjourn the meeting. Mayor Pro Tem Hooks seconded the Ayes: Mayor Pro Tem Thearon Hooks, Councilman Jimmy Landreth, Councilman Derek Being no further business to come before the Council, the meeting adjourned at 9:371 PM.  Foy, Councilman Jim Rigsbee, Mayor John Flynt  Approved: January 12, 2023  ofs signing)    ATTEST:  Oalsmac Dalel Martin, Town Clerk  162