MINUTES TOWN OF STOKESDALE REGULAR TOWN COUNCIL MEETING 8325. ANGEL. PARDUE ROAD STOKESDALE, NC: 27357 MAY 13TH 2021 AT 7:00PM Members present were: Mayor John Flynt, Mayor Pro-Tem Thearon Hooks, Council Members: Jimmy Landreth, Derek Foy, Jim Rigsbee, Town Attorney Tom Medlin, Interim Town Clerk Dale Martin and Finance and Budget Officer Kim Thacker. 1. Call to Order Mayor John Flynt called the meeting to order. Councilman Jim Rigsbee led the Pledge of Mr. Sabastian King oft thel NC: Legislature was: recognized and spoke in opposition to HB 401. He encouraged the Council to oppose this legislation which he believes is monumental to State and Local governments. This bill will take away local governments ability to control land use/development issues within their town. He urged the Council to oppose this bill and contact members ofthel Legislature to oppose it as well. He thanked the Council for the opportunity to Allegiance and delivered the Invocation. come speak tonight on this issue. 2. Review and Adopt the. Agenda Mayor Flynt added ani item to #23 to discuss Lakeside Development zoning issues. Councilman Derek Foy asked that item # 21: Consideration ofl Budget Amendments to FY 2020- Mayor Flynt made a Motion to approve the agenda as amended. Councilman Landreth seconded 2021 be removed from the agenda. the motion and the vote was all for and motion carried. 3. Review and Approve Minutes: April 20, 2021, Closed Session March 22, 2021 Councilman Foy made a Motion to approve the minutes for April 20, 2021 as submitted. Mayor Councilman Foy made a Motion to approve the minutes for Closed Session for March 22, 2021 as submitted. Mayor Pro Tem Hooks seconded the motion, and the vote was all for and motion Flynt seconded the motion, and the vote was all for and motion carried. carried. 4. Board & Administrative Report: 43 Administrative Report from Interim Town Clerk: Interim Town Clerk Dalel Martin stated that she did not have ai report at this time but thanked the Council for the opportunity to serve the community and looked forward to the challenges ahead. a) Planning Board: Mark Nadel, Planning Board member was present but had no report at this time. b) Events Committee: Councilman Foy reported that they are starting early planning the Christmas Parade and if interested, reach out to the Town or on the website for more: information. c) Property Committee: Town Hall and repairing lights. Councilman Rigsbee stated that later on the agenda we will be discussing cleaning of the front of 5. Financials: Finance/Budget Officer: Kim Thacker Ms. Thacker presented the current financial and budgeti information. She presented a current balance sheet for the General Fund accounts, Total Assets $2,993,153.62 and the Water Fund accounts, Total Assets $1,652,746.48. She noted budget expenditures VS actual expenditures. She pointed out that some budget amendments may be needed at yearend. 6. Citizen's Comments from the Floor (3-minute Limit per Speaker) None presented. Councilman Foy announced that current budget sheets are available for public review. Budget Amendments will be presented at a later meeting. PUBICHEARINGS: Mayor Flynt introduced the proposed text amendment. 7. Proposed Text Amendment No 1.1 to Section 2.1.7 (General CH) ofTown Development Ordinance. Subdivision, major. A subdivision involving more than four lots or requiring new public street(s) for access to interior property, or requiring extension of public sewer or water line, or requiring a waiver or variance Proposed Change: to remove the above verbiage "or requiring a waiver or variance from any requirement of this Ordinance. from any requirement ofthis Ordinance." Mr. Oliver Bass, Guilford County Planner, presented the staff report for this text amendment to the definition of a Subdivision, major. He noted that this request was initiated by at town citizen, 44 however iti is still aj policy decision by the Town Council to grant a request for a waiver from a Town ordinance. He noted that removing this requirement would change ai minor subdivision to The Council and Staff discussed the different reasons for a waiver which: must be granted by the an major subdivision. Council. The Planning Board cannot grant variances. Mayor Flynt declared the public hearing open. Speakers In Favor: Mr. Bill Graco, Applicant, Land Solutions, PO Box 347,Oak Ridge, NC27310, stated that the current language requires rezoning by anyone wanting a simple waiver or variance to a subdivision. He stated that the Town has never enforced this in this manner however, it could be problematic and unfair to citizens to do this. He added that a waiver or variance has to go before some Board or Council, that nobody gets a free pass. He noted that historically Stokesdale has never interpreted this ordinance in this way but here we are. He noted that Guilford County changed their ordinance in November 2020, and it simply says a major subdivision is five (5) lots or more period and removed all the other stipulations. He noted that the Planning Board voted favorably on this text amendment. He made himselfa available for questions and asked the Mayor Pro Tem Hooks asked how this would affect the Town's water system. Mr. Greco stated that it would have no effect on the water system. Mr. Greco noted ifs someone wants to request a variance, it must go before somebody for approval, the Planning Board and/or Town Council. He stated that there is no reason someone wanting to extend their driveway should be thrown into a Mayor Flynt stated that a waiver can include all kinds of things and some with significant implications and noted some examples. He stated that he sees all kinds of things coming up with this and the only way he could vote to approve this is ify you remove Section 5- 12 Waivers and eliminate all types of waivers. He stated that if we can'thold people accountable to a higher standard then we should do away with waivers. When the Town grants a variance, then we: are basically changing the ordinance and that is what bothers him about this request. Mr. Graco stated that asking for a variance should have no bearing on whether it isa a minor subdivision ora Mayor Flynt stated that citizens want a consistent set of rules so they know what they have to do. A waiver or variance is giving special treatment to someone and should be few and far between. Councilman Foy explained that his understanding is that certain criteria must be met in order for the Council to grant a waiver for any reason. It's not just asking for a favor. In some cases, it must go before the Planning Board too. Mayor Flynt stated that the Planning Board has no accountability to the citizen. He added that he was not in favor oft this as it gives special Councilman Landreth added that the ability to request a waiver has always been allowed in Stokesdale and noted aj previous case. Mayor Flynt stated that one purpose of this is sO that a Council to support this amendment. rezoning situation and declare it ai major subdivision. major subdivision, but that it how this is being interpreted. consideration and special treatment. 45 developer can make more money. He didn'tcare ift the developer made a penny in Stokesdale and again stated that he could not vote: for this amendment. Speakers Opposed: None presented. Mr. Graco agreed with the Mayor, that there should be a consistent application of rules and that this literal definition of this section has never ever been applied herei in Stokesdale. We are focusing on waivers but the focus should be on whether or not you have to automatically apply for rezoning ifyou ask for a variance or waiver and be deemed a major subdivision. Mayor Flynt described a subdivision review that was treated as a minor subdivision, however the plat showed five lots. He expressed concern with the information coming from our Planner and therefore ifC Council doesn't get accurate information, we can'tmake informed decisions. He questioned how an item gets appealed from the decision oft the Planning Board. Mr. Graco and Mr. Medlin explained that any member of Council has the right to ask for an appeal as a citizen, but it takes a vote ofCouncil to appeal the decision. He added that they must file and pay the appropriate fees for such appeal. Mayor Flynt stated that Council would have to have a special called meeting to appeal the Planning Board decision in order to meet the 10-day requirement and that would be a cumbersome process. Mr. Medlin stated that the timing ofit Mayor Pro Tem Hooks stated that he is not real clear on how we: mirror the County ordinances. Mr. Graco read: A subdivision involving more than four lots or requiring newj public street(s) for access to interior property or requiring extension of public sewer or water lines. Mayor Pro Tem Hooks stated that what's confusing to him is what are we going to be adjusting here that would not apply to every other subdivision. He noted that the developer has a picture of what it will look like, sO what happens when we get halfway through, and they start coming back for Mayor Pro Tem Hooks asked how this benefits the developer. Mr. Greco stated that the developer should be: separated from the landowner. The benefit is to the landowner who is seeking ai minor subdivision of31 lots, they want a waiver of some standard in chapter 5, they are Councilman Rigsbee stated that he believes the Mayor is concerned with a lack of oversight for something to slip through the process. He asked ifsomething could be added which allows Council some protection but keep the ordinance the way iti is. Mr. Graco stated that the out Mayor Flynt stated that anyway you phrase it, you are giving someone special treatment. Where does that stop? He speculated that the Town would have a rush of requests for waivers because if Councilman Landreth stated this keeps someone from having to go through rezoning. It doesn't affect ai major subdivision. Ifyoul have ai major subdivision you stilll have to go through the process for that. Mayor Flynt stated that it should be a conscious decision oft the landowner or could require a special meeting. changes. forced to rezone the property asi it currently reads. would be the appeal process through Town Council. they can get away with a waiver, then why not do it. L 46 developer to decide whether or not the waiver is worth coming in for rezoning. Councilman Landreth stated that this ordinance hurts the little guy. Big developers have the money toj pay for whatever they want to do. Mayor Flynt stated that it doesn'tp protect the little guy'sn neighbor. Councilman Foy asked why this verbiage specifies applying for a waiver requires rezoning ora major subdivision. He stated that he understood that this language was from the Guilford County ordinance and put in the here years ago sO that one staff person could not grant a waiver or variance on their own accord and that it had to be reviewed by DRC. He didn'tthink the intent Mayor Flynt asked Mr. Bass if staffcould approve ai minor subdivision. Mr. Bass stated that staff can approve a straight minor subdivision and it does not have to go to DRC. Councilman Foy ask why this language was put in here for ai minor subdivision for a waiver or variance, He understood that Guilford County did not want a Planner to be able to grant this request and that it bel heard by a Board. Mr. Medlin explained that a waiver or variance must go before a Board. He: stated that a minor subdivision is not reviewed by DRC but ai major subdivision is reviewed by DRC. He added that Guilford County wanted toj put something in here thati ifa waiveror variance was requested by a minor subdivision, it became major sO that it could be reviewed by the DRC and a Board. He: further stated that it didn't have anything to do with who grants a Mr. Bass explained that Staffreviews the plan and ifit meets all the requirements ofa subdivision except for one provision, before we can approve that subdivision then iti must go through the approval process. Mr. Medlin stated that Stokesdale doesn't have al DRC but we do Mayor Pro Tem Hooks asked Mr. Bass if there is any difference in what we doi in our corporate limits VS what is done in unincorporated areas? Mr. Bass stated that staff can approve ai minor subdivision however ai major subdivision would go before the DRC. DRC works similar to the Planning Board. Mayor Pro Tem Hooks asked ifs someone applies for a major subdivision does it mirror what we do in Stokesdale? Mr. Bass stated that it does for the most part and either Mayor Pro Tem Hooks then said why not save the $25,000 per year do away with our process and let Guilford County handle it all. Councilman Foy stated that all our ordinances do not mirror Guilford County. Mayor Flynt also spoke ofas situation outside the corporate limits where roads would not have been dedicated. He was not in favor of changing the ordinance. Mayor Flynt voiced his opposition to changing the' Town's ordinance that has been inj place for 30 years and felt we would see al lot more requests for variances and waivers. Mr. Medlin stated that based on his experience, developers apply for a variance or waiver only when they need to Mark Nadel, 8211 Windy Hill Drive, Stokesdale, NC stated that he agrees somewhat with the Mayor. He stated that hei is not sure why this is ai major issue. He asked what benefit does changing this ordinance have on the Town of Stokesdale. He favored balancing the benefit over the negativity and any pain it may have caused and questioned an underlying issue. Why after was to make it a major subdivision. variance or waiver, that is totally covered by Boards. have a Planning Board. reviewed by Staff orl DRC. do SO. all these years is this an issue now? His gut feeling is this is not right. 47 Being no additional speakers, Mayor closed the public hearing. Mayor. John Flynt made a Motion deny this text amendment. Councilman Rigsbee seconded the motion for purposes of discussion. Vote Aye: Mayor Flynt, Mayor Pro Tem Hooks. Vote No: Councilmen Rigsbee, Foy and Landreth. Motion failed. seconded the motion. Councilman Foy said no. Councilman Foy made a Motion to adopt the text amendment as presented. Councilman Rigsbee Mayor Flynt asked ift they would consider an amendment to eliminate 5-12, Waivers? Vote Aye: Councilmen Rigsbee, Foy and Landreth. Vote No: Mayor Flynt, Mayor Pro Tem Hooks. Mayor Flynt called a Recess at 8:00 pm. Mayor Flynt reconvened the meeting at 8:12 pm. Motion passed 3-2. 8. Proposed Amendment No. 2 to Section 4-2.1 (B)2) Current Ordinance Text: The RS-30, Residential Single-Family District is primarily intended to accommodate moderate density single-family detached dwelling lots with access toj public water services. The overall gross density in RS-30 areas will typically be 1.3 units per acre or less. Any development in this district will be required to connect to the Stokesdale water service system. Proposed Change: to remove the last sentence and replace with Any proposed major subdivisions, as defined in, Section 2-1, that require a zoning map amendment to utilize the RS-30 Residential Single-Family. District shall be required to connect toi the Town of Stokesdale public water. system." Mayor Flynt introduced this proposed text amendment. Mayor Flynt asked the Town Attorney to clarify that this basically grandfathers anyone that already has RS-30: zoning. Mr. Medlin stated that largely yes and noted that aj property owner that needed to add a driveway to property in RS-30 would not be required tol hook onto the Town water system. However, this change requires that ifyou are proposing a major subdivision (more than 4 lots) that requires a zoning change to the RS-30 district, then they must connect to the Town water system. He questioned why we were talking about just major subdivision andi it was sO that if parents wanted to give al lot to a child then they wouldn't! have to connect to the water system. 48 Mayor Flynt asked ifo our Development Ordinance excludes minor subdivisions. Mr. Medlin stated that if they are asking for RS-30 going forward, they would have to connect. Ifyouare already RS-30 and were not required to hook on to the water system, are we going to grandfather them and now they want to start their development, then this language would take care oft that. Mayor Flynt asked that Mr. Medlin comment on Vested Rights in section 3-16.1 and read the section. Just because you havel RS-30 zoning doesn't guaranteed vested rights. Mr. Medlin stated that vested rights are granted when they have an approved site plan. Mr. Medlin stated that ift they already have RS-30 zoning and propose a major subdivision, then they must connect to the water system. Ifthey propose a minor subdivision, they are not required Mayor Pro Tem Hooks asked what triggers a major subdivision? Mayor Flynt stated that a: fifth Mr. Bass stated that basically a rezoning of property to. RS-30 that is proposed to be a major Councilman Rigsbee felt this change is intended to clean up the requirements. He added that this shouldn'thurt a small family but makes sure that all major subdivisions are connected to the The Council and staff continued to discuss scenarios and what would trigger a connection to the to connect to the water system. lot would trigger it. subdivision must connect to public water system. Town water system. Town water system. Mayor Flynt declared the public hearing open. Speakers In Favor: Mr. Bill Graco, Applicant, Land Solutions, POBox 347,0ak Ridge, NC27310- stated that this language is problematic. Hej presented the definition of development. He believed that anything that occurs within that definition would require aj property owner to connect to the water system. He believed that ifal house burned down and was rebuilt, they will have to connect tot the water system ifyou have. RS-30 zoning. He: stated that the purpose oft this amendment is tot tweak its a little bit and clean it up and create an effective date. Any developer coming in with an major subdivision and rezoning to RS-30, they need to connect to the water system. Ifthey are simply making a change, then they don'thave to connect ift they are already zoned RS-30. Mayor Pro Tem Hooks asked ift the definition includes paving a road. Mr. Graco stated yes in his opinion oft the definition ofdevelopment, there are: no outs and would require them to connect Mayor Flynt asked ifany language could be added to apply this to major subdivisions and exempt current houses and developments that are already in place. Take the word development out. Mr. Medlin asked ift the Council is comfortable with this being applied only to major subdivisions and those asking to be rezoned or do you want it tol be applied to something else? Mayor Flynt stated that he wanted toj protect existing homes and developments. He stated that if to water. al house burns they should not be required to connect. 49 Councilman Landreth asked for the drawbacks to this change. Mayor Flynt described aj previous subdivision rezoning on Oak Level Church Road and now coming back for a change to conditional use zoning. Will they have to connect to the water system? Mr. Medlin stated that a change to the use ofa conditional use zoning is considered ai rezoning and they would have to follow the new ordinance. He noted that ifs someone comes in and files a petition and then the statute is changed before the case is heard, they could choose which one to follow. Speakers Opposed: None presented. Being no further speakers to come before the Council, the public hearing was closed. Councilman Foy stated that he likes the verbiage subdivision instead of development and also likes major subdivision sO that this does not apply to a minor subdivision. He stated that he did not agree with grandfathering large plots of land zoned RS-30 that could be developed in the future without connecting to the water system ift they proposed ai major subdivision. He stated that there are some RS-30 subdivisions already in the process and wei may have to grandfather those. Councilman Foy added that he is referring to ones that are already in the process and have already been rezoned and have an approved site plan with vested rights established. Councilman Foy recommended the language: Any proposed major subdivisions, as defined in Section 2-1, that require a zoning map amendment after 5-13-2021 to utilize the RS-30 Residential Single-Family District shall be required to connect to the Town of Stokesdale public water system. Then add a statement to account for the site plans that are already approved. Major subdivisions in al RS-30 zone with an already approved site plan prior to 5-13-21 are exempt from this requirement. He stated that he believes this addresses Council's concerns without Mr. Medlin stated that if you use the current language and add today's date, that will only address those asking for rezoning going forward. It does not address those that are already zoned RS-30, that language takes them out ofthe requirement. Ifyou are not doing a major subdivision and it is already zoned RS-30, then they would not have to connect to the water system. If someone already zonedRS-30 and are sitting on a large track of land, they would notl have to connect. Councilman Foy added that ifa developer has an approved site plan and construction is underway, then they have vested right and should not have to connect to the water system. Mr. Medlin recommended language: Any proposed major subdivisions, as defined in Section 2- 1,that require a site plan approval effective ...date... shall be required to connect to the' Town of Stokesdale public water system. Ift they have to submit a site plan, they have to connect. Mr. Bass stated that vested rights are obtained with preliminary plat approval. Councilman Foy stated that he believes that addresses his concern but protects those with vested rights. Mr. Bass stated that the ordinance says vested rights are established with an approved preliminary site plan and noted the specific details required on such site plans. Mr. Medlin stated that this ordinance will apply to parcels already zoned RS-30ifthey have not already got vested rights with site plan approval. Mr. Bass stated that his understanding is that with preliminary site plan approval, they would not be subject to changes in the ordinance ift they build the subdivision making al blanket grandfather clause. 50 based on the approved site plan. He added that ift they could not get a site plan approved by May Mr. Medlin stated ify you have someone sitting on at track ofland zoned RS-30 and haven't started anything and they come in with ai major subdivision, this Board would like for them to be connected to the town's water system. Mr. Bass stated that changing it to a major subdivision Mr. Medlin stated that ify you want the ordinance to become affective on the date you adopt it then you don'tneedi to specify a date, but ifyou want it to become affective on a date ini the Mr. Medlin then recommended language: Any proposed major subdivisions, as defined in Section 2-1, in RS-30 residential, single-family district shall be required to connect to the Town's public water system. He asked Mr. Bass if"only" that language, would that cover any proposed major subdivisions going forward. Mr. Bass stated this would cover those in RS-30. Councilman Foy stated that would cover it but recommended an effective date, maybe June 1st. Mayor Flynt made a Motion to approve the text amendment as amended to read: Any proposed major subdivisions, as defined in Section 2-1, in RS-30 residential, single-family district shall be required to connect to the Town's] public water system. Councilman Landreth seconded the 13tht then they would be required to connect tot the water system. would require them to connect. future, then you would need to specify a date in your motion. motion. The Vote was all for and motion carried. 9. Proposed Text Amendment No 3 Current Text: 5-13.6 (A) 1)b) Major Subdivisions: Connection ofe each lot to aj public water system shall be required ifthe proposed major subdivision meets the criteria in the schedule below (Table 5-13.6-1). Distance shall be measured from the property boundary nearest the Proposed change: to add the following verbiage to above: Any proposed. major. subdivisions, as defined in Section 2-1, that require a zoning map amendment to utilize the RS-30. Residential Single-Family District shall be required to connect to the Town ofStokesdale public water system, regardless ofthe criteria in the schedule below (Table 5-13.6-1). water system line. Mayor Flynt introduced the proposed text amendment. Mayor Flynt declared the public hearing open. Speakers In Favor: Mr. BillG Graco,A Applicant, Land Solutions, PO Box 347,Oak Ridge, NC 27310 - stated that he thinks this language is what Council intended, ifyou are a major subdivision in RS-30 you must connect to the water system regardless of any inconsistences within Table 5-13.6-1. Mayor Flynt stated that in RS-30 we. just guaranteed you must connect to the Town's water system. He asked ify you are in RS-40, major subdivision, you would be subject to the distance criteria. He asked if this would: not take care of the problem ifyouj put major subdivisions in RS- 51 40. Mr. Graco stated no that RS-40 you have X number ofl lots and X distance criteria. He recommended RS-30 be connected regardless oft the number ofl lots and the distance. Mayor Flynt stated that we really don'tneed that since we approved the text amendment #2 here tonight. He asked Mr. Medlin. Mr. Medlin stated that you are making this consistent and recommended the following language: Any proposed major subdivisions, as defined in Section 2-1, in RS-30 Residential, single-family district shall be required to connect to the Town of Stokesdale public water system, regardless. oft the criteria ini the schedule below (Table 5-13.6-1). Speakers in Opposition: Mayor Flynt closed public hearing. Mayor Flynt made a Motion to approve the text amendment as amended: Any proposed major subdivisions, as defined in Section 2-1, in RS-301 Residential, single-family district shall be required to connect to the Town ofStokesdale public water system, regardless of the criteria in the schedule below (Table 5-13.6-1). Councilman Foy seconded the motion and the vote was all for and motion carried. Old Business 10. Continued Discussion of Employee Benefits Councilman Rigsbee stated that he wasi not able to get the information and asked that this item be Councilman Rigsbee made a Motion to table this item to. June 10. Councilman Foy seconded the tabled until the June meeting. motion and the vote was all for and motion carried. New Business: 11. Consideration ofal Resolution Consenting to the. Addition of Streets within Old Mayor Flynt introduced ai resolution to add certain streets within the Old Moores Mill Mayor Flynt made a Motion to approve the following Resolution as presented. Councilman Moores Mill Subdivision. Subdivision to the State's maintenance system. Rigsbee seconded the motion and the vote was all for and motion carried. R-2021-02 RESOLUTION CONSENTING: TO THE. ADDITION OF STREETS WITHIN OLD MOORES MILL SUBDIMISIONTOTHE SECONDARY ROAD MAINTENANCE SYSTEM OF THE STATE OF NORTH CAROLINA WHICREAS, the North Carolina Department of Transportation has declared through its Secondary Road Addition Investigation Reports (File G-26-17) dated March 2, 2021 that said 52 streets, Lambert Lake Road (.50 miles), Lambert Lake Court (.10 miles) and Laffin Court (.06 miles) meets the minimum requirements for addition into the Secondary Road System ofthe WHEREAS, the cognizant District Engineer oft the North Carolina Department of Transportation does recommend the addition ofLambert Lake Road (.50 miles), Lambert Lake Court (.10 miles) and Laffin Court (.06 miles) to the Secondary Road System oft the State of NOW, THEREFOR BEI ITI HEREBY RESOLVED THAT: The' Town Council on behalfof the Town of Stokesdale, North Caroline does herewith, after due consideration and deliberation and without any objections being heard, concur and consent to the addition ofLambert Lake Road (50 miles), Lambert Lake Court (.10 miles) and Laffin Court (.06 miles) to the Secondary Road System oft the State ofNorth Carolina to the same degree and measure to which property owners. have petitioned said Department of Transportation oft the State of North Carolina, and to the same degree and measure to which the said Department ofTransportation does now recommend acceptance into the said Secondary Road System of the State ofl North Carolina. State ofNorth Carolina; and North Carolina. This the 13th day of! May, 2021. John Flynt, Mayor Attest: Dale Martin, Interim Town Clerk 12. Consideration ofa Resolution Consenting to the Addition of Streets within the Mayor Flynt introduced ai resolution to add certain streets within the North Ridge Subdivision to Mayor Flynt made a Motion to approve the following Resolution as presented. Councilman North Ridge Subdivision. the State's maintenance system. Rigsbee seconded the motion and the vote was all for and motion carried. R-2021-03 RESOLUTION CONSENTING TO THE. ADDITION OF STREETS WITHIN NORTH RIDGE SUBDIVISION TO THE SECONDARY ROAD MAINTENANCE SYSTEM OF THE STATE OF NORTH CAROLINA WHEREAS, the North Carolina Department of transportation has declared through its Secondary Road Addition Investigation Reports (File G15-10 dated March 31,2021 that said streets, Honkers Hollow. Drive (.261 miles), Honkers Hollow Court (.08 miles) and Poplar Bluff Drive (.010 miles) meets the minimum: requirements for addition into the Secondary Road System oft the State ofNorth Carolina; and 53 WHEREAS, the cognizant District Engineer ofthe North Carolina Department of Transportation does recommend the addition ofHonkers Hollow Drive (,261 miles), Honkers Hollow Court (.08 miles) and Poplar BluffDrive (.010 miles) to the Secondary Road System of NOW, THEREFOR: BE ITI HEREBY RESOLVED THAT: The Town Council on behalfof the Town of Stokesdale, North Caroline does herewith, after due consideration and deliberation and without any objections being heard, concur and consent to the addition ofHonkers Hollow Drive (,261 miles), Honkers Hollow Court (.08 miles) and Poplar BluffDrive (.010 miles) to the Secondary Road System of the State of North Carolina to the same degree and measure to which property owners have petitioned said Department ofTransportation oft the State ofNorth Carolina, and to the same degree and measure to which the said Department ofTransportation does now: recommend acceptance into the said Secondary Road System of the State ofl North the State ofNorth Carolina. Carolina. This the 13th day ofMay, 2021. Attest: EW Dale Martin, Interim Town Clerk 13. Consideration of an Ordinance Establishing the Speed Limit on Streets within the Mayor Flynt introduced an ordinance setting the speed limits within the Arbor Run Subdivision. Mayor Flynt made al Motion to approve the following Ordinance as presented. Councilman Rigsbee seconded the motion and the vote was all for and motion carried. Arbor Run Subdivision. TOWN OF STOKESDALE ORDINANCE NO. 0-2021-01 AN ORDINANCE ESTABLISHING THE SPEED LIMIT ON CERTAIN STREETS WITHINTHETOWN OF STOKESDALE CORPRATE LIMITS WHEREAS, it is in the interest of the public health, safety and welfare to regulate the flow of WHEREAS, the Town Council of the Town of Stokesdale concurs with the North Carolina Department of Transportation that the appropriate speed limit for said streets in Arbor Run Subdivision shall be set at twenty-five (25)miles per hour for the certain streets petitioned within the corporate limits to enhance the public health, safety, and welfare of the citizens of the Town traffic within the Town of Stokesdale; and of Stokesdale. 54 NOW, THEREFORE, BE IT HEREBY ORDAINED by the Town Council of the Town of Stokesdale that the speed limit be set at twenty-five (25) miles per hour as described below: Apple Grove (SR4 4611) Charles Place (SR 4628) maintenance. Ribier Dr (SR 4646) Carignan Ct( (SR 4661) Malbec Ct( (SR 4662) Nebbiolo Ct( (SR.4663) Trebbiano Ct (SR4615) between Haw River Road (SR 2028) and Barbera Drive (SR 4612) between Haw River Road (SR 2028) and south to the end of state between Perlette Ct (SR 4639 and end of state maintenance between Apple Grove Rd (SR 4611) and end ofs state maintenance between Apple Grove Rd (SR 4611) and end of state maintenance between Apple Grove Rd (SR 4611 and end of state maintenance between Trebbiano Dr (SR 4614) and end ofs state maintenance This ordinance becomes effective upon the adoption by the North Carolina Department of Transportation of a concurring ordinance and upon the erection of signs giving notice of the established and authorized speed limit, Adopted this the 13th day of May, 2021. Attest: gA1 Dale Martin, Interim Town Clerk 14. Consideration of] Filling Vacant Seat on the Planning Board. Mayor Flynt made a Motion to appoint Stewart Hommel to the vacant seat on the Planning Board. Councilman Foy seconded the motion. The Vote was all: for and motion carried. 15. Consideration of] Revised Tap and Connection Fee Proposal from Yates Councilman Foy read the rates proposed by Yates Construction Company, Inc. for services Mayor Flynt made a Motion to enter into a contract with Yates Construction Company, Inc. as proposed. Councilman Foy seconded the motion. The Vote was all for and motion carried. Construction Company, Inc. provided to the Town and highlighted the changes. 16. Proposed Water Tap Fee Schedule Increase. Mayor Flynt presented the following Water Tap Fee Schedule. Current Tap Fee Schedule Capacit Water Fee Fee it Total $ $ $ $ 75 750 50 3,902 55 Tap Meter Install yUse Depos Size Fee Fee $ $ 2,757 270 3/4" Inch Meter 1 Residenta/Commercial Tap Fee 3/4" Inch Residential (Infrastructure by 2 Developer) 3 1" Inch Meter 4 2" Meter $ 270 $ $ 3,572 496 $ $ 6,735 1,650 150 $ 75 $ 75 $ $ $ 750 50 $ $ 1,000 50 $ $ 1,500 50 $ 1,145 $ 5,193 $ 10,08 5 Proposed Tap Fee Increase Schedule Percen t Increas e Capacit Water Fee it Total $ $ $ 750 50 4,700 17.0% $ $ $ 750 50 1,200 4.6% $ $ $ 1,000 50 6,200 16.2% $ $ $ 12,10 1,500 50 0 Tap Meter Install yUse Depos Size Fee Fee $ $ 3,500 300 $ 300 $ $ 4,500 550 $ $ 8,700 1,650 200 Fee $ 100 $ 100 $ 100 $ 3/4" Inch Meter Residenta/Commercal 1 Tap Fee 3/4"inch Residential (Infrastructure by 2 Developer) 3 1"Inch Meter 4 2" Meter 16.7% Side by Side Comparison of Cost Increase to Town Percen t 16.65 % 16.66 % 16.67 % 0.00% 0.00% 0.00% Curre nt Propose Increas Costs dCosts e $ $ 2,087 2,504 $ $ 2,582 3,098 $ $ 4,968 5,962 $ $ 50 50 $ $ 50 50 $ $ 56 Item 3/4" Service Connection except for Meter 1"S Service Connection except for Meter 2" Service Connection except for Meter Set 3/4" Meter Set 1" Meter Set 11/2" Meter 100 100 $ $ 100 100 $ 840 1,000 $ 1,500 $ $ 20 24 $ $ 25 30 $ $ 55 66 $ $ 87 104 $ $ 104 $ $ 173 208 Cost+ Cost+ 15% 20% Set 2" Meter Any service crossing under $ roadway: Add >1"E Boore Under roadway 0.00% 16.00 % 16.67 % 16.67 % 16.67 % 16.67 % 16.67 % 16.67 % 33.00 % Trucks Labord as Needed Supervisor Backhoe as Required LowBoy Tractor & Trailer 87 Misc. Tools as Required Materials as Needed Council Foy explained that the price increase directly correlates toi increases by Yates Councilman Foy made a Motion to approve the Proposed Tap Fee Schedule as presented. Mayor Flynt seconded the motion. The Vote was all for and motion carried. Construction Company, Inc. 17. Consideration of a Resolution in Opposition ofSB349/HB401 Restricting Local Government control in Land Use and PlanningZoning Decisions. Mayor Flynt read the resolution that Mr. King spoke about at the beginning of the meeting. Mayor Flynt made a Motion to approve the following resolution as presented. Councilman Foy seconded the motion and the vote was all for and motion carried. RESOLUTION NO. R-2021-04 RESOLUTION OF INTENT INOPPOSITION TOSB: 349/HB 401 RESTRICTINGLOCAL GOVERNMENT CONTROL IN LAND USE. AND PLANNINGIZONING DECISIONS WHEREAS, The North Carolina General Assembly will be considering SB 349/HB 401, which would require local governments to include residential duplexes, triplexes, quadplexes, 57 and townhouses in areas zoned for residential use, including those areas specifically zoned for detached single-family dwellings; and WHEREAS, The Town of Stokesdale has developed a Future Land Use Plan with significant local public input, recognizing the unique needs and desires of Stokesdale citizens; and WHEREAS, The Town of Stokesdale Zoning Ordinance and Future Land Use Plan both allow for a diversity of lot sizes while. keeping a focus on preserving the rural and historic characteristics of Stokesdale that give the Town its unique identity; and WHEREAS, The Stokesdale Council believes that local officials are best positioned to determine how local zoning ordinances should be created and applied, as they are: responding to local voters and property owners and understand the differing needs oftheir constituents; and WHEREAS, The Stokesdale Town Council believes a "one size fits all" approach by the NOW, THEREFORE, BE IT RESOLVED that the Town Council oft the Town of Stokesdale is opposed to SB 349/HB 401 as iti is currently written and urges our legislators to General Assembly undermines local authority overi issues of land use. vote against these bills. Adopted this the 13th day ofl May, Attest: E Dale Martin, Interim Town Clerk 18. Discussion and Authorize the Cleaning of thei front ofTown Hall. Councilman Landreth spoke of the excellent reputation B&B Services has around town. He added that they are qualified to do other things that just cleaning services as well, He recommended the Town contract with B&B Services. Councilman Landreth made a Motion to enteri into a contract with B&B Services as presented. Councilman Rigsbee seconded the motion. The Vote was all for and motion carried. 19. Discussion and Authorize the Replacement of lights in front of' Town Hall. Councilman Rigsbee explained that some of the lights in front ofTown Hall need to be replaced or repaired and the work will need to be done by an electrician. Mayor Pro Tem Hooks stated Mayor Flynt stated that Blainey Electric has been doing work for the Town for a long time. that they were checked out before and had water in them. 58 Councilman Rigsbee made a Motion to contact Blaney Electric to repair or replace the lights in front of Town Hall. Mayor Flynt seconded the motion and the vote was all for and motion 20. Discussion and Authorize the method of advertising for a Full Time Town Clerk. Councilman Rigsbee stated that the Town Clerk has provided us with ai few samples of advertisements for Town Clerks in other communities. A brief discussion was held on requirements and cross training within the office. The Council agreed that it would be best to hire a certified Clerk however, someone that is proficient and trainable would be an acceptable candidate. Councilman Foy stated that Mrs. Martin has agreed to stay on fora while and mentor the new clerk. Councilman Landreth suggested Councilman Foy, Rigsbee and Mrs. Martin work together establish the advertisement and bring back qualified candidates for the Council to Councilman Rigsbee made a Motion to appoint a Committee, Rigsbee, Foy and Martin to work on advertising and find qualified candidates for the Clerk position. Councilman Foy seconded the carried. consider. motion and the vote was all for and: motion carried. 21. Consideration of] Budget Amendments to FY: 2020-2021. This Item was pulled from the agenda during the approval oft the agenda at the beginning oft the 22. Consideration and Approval for Invoice submitted by Treeline Landscaping & Mayor Flynt explained that this invoice is for work performed by Treeline Landscaping & Nursery for work done along the water line extension atl Northwest Meadows. Mayor Flynt made a Motion to approve the expenditure in the amount of $2,800. Councilman Rigsbee seconded the motion and the vote was all for and motion carried. Item Added to Agenda: Discussion on Lakeside Development. meeting. Nursery, Inc. for water line extension at Northwest Meadows. Mayor Flynt addressed an issue regarding Lakeside Development and the question of whether or not rezoning would be required. Rezoning is not required. There was also a question about a request for them to connect to the Town's water system. Mr. Medlin stated that they didn'tnot have to rezone the property. They obtained an easement across the property that can be used for utilities, it meets NCDOT: requirements and gives them a way to get water to the development. Councilman Landreth stated that this is what they wanted. He expressed a concern with The Council then discussed the Town's water capacity and the possibility ofincreasing that in the future to support future development. They also discussed various water line extensions that exceeding the Town's water capacity. are needed around town. 59 23. Citizen's Comments from the Floor. (3-minute limit per Speaker) Mr. Bert Schmitz, addressed the Council briefly regarding COVID and the increased possibility of the Town's water system being contaminated. 24. Announcements: a) Planning Board Meeting Thursday, May 27th at 7pm at Town Hall b) Town Council Meeting Thursday, June 10 at 7 pm at' Town Hall Mayor Flynt announced a meeting with Hazen & Sawyer to be held on May 17th at 5:301 PM to discuss the Town's water system plans. Mr. Medlin asked ifhe needed to attend or have someone attend this meeting. It was determined that he did not: need to attend. 25. Adjournment. Mayor Flynt made a Motion to adjourn the meeting. Councilman Landreth seconded the motion and the vote was all for and motion carried. Being no further business to come before the Council, the meeting was adjourned at 10:16 PM. Approved: September 9, 2021. Attest: 9A24 Dabmt Dale F. Martin, Interim Town Clerk 60