TOWN OF STOKESDALE Regular Council Meeting 8325 Angel Pardue Road Stokesdale, NC 27357  Ther regular meeting of the Stokesdale Town Council was held on Tuesday, April 16, 2013 at the' Town Hall at 8325 Council members in attendance: Mayor Randle Jones, Mickie Halbrook, Randy Braswell, Frank Bruno Others present included: William B. Trevorrow, Town Attorney; Deputy Scott Casey, Guilford County Sherriff's Department, Deputy Town Clerk Donna McCall and Carolyn Joyner, Finance Officer/Town Mayor Jones opened the meeting at 7:00 pm. Following the Pledge of Allegiance, Council considered the agenda. Mr. Braswell asked to add Senate Bill 394; corporate donation to the Park; and voice recognition software and a closed session for a personnel matter, the 90-day review oft the Deputy Clerk. Mr. Stewart Hommel asked to speak about a Park Issue and Susan Lukens asked to be placed on the agenda regarding a budget request for a beautification project. Mr. Braswell made a motion to approve the agenda with changes. Mr. Bruno seconded the motion. All Council members voted aye and the Council reviewed the minutes of the December 18, 2012 meeting. Mr. Braswell made a motion to adopt the minutes of the December 18, 2012 meeting. Mr. Bill Jones seconded the motion. All Council COMMENTS FROM THE FLOOR: Nancy McCoy, 8516 Spring Birch Terrace commented about the beautiful flowers that had been placed in front oft the Town Hall Building. She complimented Mr. Steve Mr. Stewart Hommel, 8505Deer Path Court noted that three of the horseshoe pits at the Park were underwater. Report from Guilford County Sheriff's Department: Deputy Casey reported 9 calls that generated reports in the previous month. There was one. Part 1 crime that occurred whent the Church onl Happy Hilll Road was broken into. CONDITIONAL USE REZONING CASE 13-02-STPL-00472 CU-LI to CU-HB. Matt Moorefield is proposing to rezone property located just west ofUS 220 on the north side ofUS 158 toa Conditional Use Highway Business zonei in order to establish as sporting goods store: and firing range. Taxl Parcel #01506361 in] Bruce Township Mr. Albert said that this is a request to rezone aj property on the north side of US Hwy 158 from Conditional Use - Light Industrial to Conditional Use Highway Business. The applicant is proposing two uses for the property, a sporting goods store with the primary purpose of selling firearms and an indoor contractor services office which exists there now. The property was rezoned in 2005 to the current conditional use - light industrial and there are conditions from this previous rezoning that will carry over if this request is approved. These conditions would include the façade, the parking area location, points of access as determined by NCDOT, placement of outdoor storage, and fencing along major roads in regards to how they are constructed. All of these are scenic corridor requirements. The Planning Board made a recommendation on this request earlier in the month. Mr. Albert advised Council to pay attention to the Land Use Plan analysis and to base any motion on the consistency and compatibility of the proposed uses with the: area. There is guidance in both the Land Use Plan andi in the report.  Angel Pardue Road. and William N. (Bill). Jones.  Clerk.  agenda was approved as presented.  members voted aye and the minutes were approved.  Spalding on the job that he had done.  Mayor Jones noted that funds were appropriated. at the last meeting to take care of the matter.  NEW BUSINESS:  and totaling approximately 4.89 acres. Owned by Matt Moorefield, WSJI Holdings, LLC.  Book 11, Page 2264  April 16, 2013 TCI Meeting    Those speaking ini favor of the matter:  12:52 Matt Moorefield, 581 Renn Road, Stokesdale, said that he owns the current business, Atlantic Retail Construction andl he willl be the landlord for Mr. Yornuoff's business. He said that hel livesi in Stokesdale and ownsa business in Stokesdale and that he will represent the Town well. He said that the construction company has been struggling the last few years and there is vacant space in thel building for the business. He said that his business has been a good neighbor and there have not been any complaints. He said that he felt they would set precedence for what retail business should be. The location near US Hwy 220 and US Hwy 158, two major highways, lends itself tot this use. Thej previous owner. had mini storage units as a use but it will be removed ift the request is granted. Mark Yornoff, 3204 Squirrel Chase Drive, Summerfield, NC said that he was the person who wants to make an investment and start al business in Stokesdale. He said they are trying to address the conçerns of the Church located Dwayne Holt, 884 Mineral Springs Road, Madison, said that he travels through Stokesdale and is a firearms enthusiast and sporting goods. Since he works outside of Madison, it is difficult to spend his money because of business hours. As store witha a good variety ofi items in stock would be: a plus for this community. David Picket, 7804 Robinson Road, Summerfield, said that he has known Mark for over ten years. He travels through Stokesdale frequently. His son attends Oak Level Academy and he would trust Mark with the care of his sons for camping trips or motorcycle trips. He said Mark is a responsible person and citizen in the community.  next door to this location. He would appreciate Council's consideration.  Hei isi inj favor of request.  Those speaking in opposition to the request:  Stewart Hommel, 8505 Deer Path Court, said that the Land Use Plan calls for this to be an industrial area. Itis the only area in Stokesdale zoned Light Industrial. He read the definition of the School Zone from the Gun] Free School Zone Act of 1990 (18 US Code 921) which he said was federal law. He said that a school zone was referring to grounds on or near aj public, parochial, or private school. He said that he had been told that this did not apply to Vacation Bible School at the Church next door. He said that there were many children and adults there. He said that the walls of the building would not stop bullets and that accidents can happen. It is not appropriate to have a  gun store nextt to a Church. Thel building is within 1,000: feet of the Church property.  Rebuttal:  Mr. Moorefield said that his family works in the building and that he will take all precautions to protect them. The existing gun business downtown has not had any incidents such as an accidental misfire. There is no entry on the Mr. Yornoff said that he was not proposing a shooting range. There will not be any shots fired there and there will not be any target practice. There are children walking around all over Wal-Mart where there is guns and ammo and  side oft the building next to the Church so they would not see customers.  itis perfectly safe.  Mayor Jones said that the matter was: now with Council.  Mr. Braswell asked if he traveled 500 miles to buy a gun, could he shoot it before he bought it. Mr. Yornoff said that he could not shoot it on the premises. Hes said that ammunition is behind the counter and he can be selective to Mr. Braswell made a motion that Council accept the recommendations. oft the Stokesdale Planning Board to rezone from CU-LI to HB-CU however it is inconsistent with thel Land Use Plan as far as the professional manufacturing corridor. It is compatible with other businesses in the area. He does not believe that the conditional use would conflict with the neighboring properties and the site is consistent with the scenic corridor. Mayor Jones seconded the motion. He said that the conditions of the rezoning would be strictly limited to those listed on the application.  who he sells guns to.  Book 11,1 Page 2265  2  April 16, 2013 TCI Meeting    Mr. Braswell noted that the information indicated that the entire property was specifically being leased for hunting. He felt that it would be ai much needed business for Stokesdale. Mayor. Jones seconded the motion. Mr. Bill Jones noted lookingi in the booklet, that #8 and #9i is existing or proposed elevations. Mr. Moorefield: said that the exterior  will not change except for the: awning and storefront glass will be added.  Mayor Jones called the question. Council voted unanimously to approve ther rezoning request.  Consider Facility Use Agreements for the Use of the Town Park: Mr. Braswell asked if these were the same dates for the Stokesdale Youth Football application were, the same as last year. Monday, Tuesday, and Thursday August 1 to Nov 14? The Clerk said that she had not compared them but they are very similar. There were no conflicts on the calendar for the Park. Mr. Braswell made a motion to accept the application for the dates requested and waive the fees. Ms. Halbrook seconded the motion. Mr. Braswell said that it was grass seed planting time and he questioned whether it would interfere withi it. The Clerk noted that Bermuda was plantedi in. July and August and itv was really for play by the fall. Mayor. Jones said thati it was a good thing ifit was used by enough participants and Golden Antiques & Treasures: (Mr. Golden was not present.) Mr. Bruno said that he had questions about the request such as how traffic control would be handled since the application says 2,000 people per day. Mayor Jones said that his discussion with Mr. Golden was that vendors would come in and set up: and then remove their vehicles and park outside ofthe' Town property probably at the School. The customers would park here. The irrigation lines would need to be marked sot that tent stakes would not be driven into the lines. Mr. Braswell said that he had talked with) Mr. Golden had indicated that he would have off-duty sheriff to help with traffic, permission from the school for parking, irrigation system to be: flagged and Council would assist, he would have golf carts to shuttle people and he will provide a dumpster for trash and he was going to talk to Chief Gauldin about parking and not blocking fire hydrants. Mr. Bill Jones said that we should try to helpl him ifl hei is bringing something to the Town. Mr. Braswell made a motion to give conditional approval and to get from him in writing his guarantee for traffic control, irrigation, clean-up: afterwards, shuttle service and permission from the school, permission from thel Fire Marshal for traffic control and to not block fire hydrants. Mr. Bruno added that he would need Health Department certificates for all of the food vendors and that he has liability insurance. The Clerk said that he may need electricity. Mr. Bruno asked how the fee would be considered. Mayor Jones said that it could be conditional approval based on the conditions already listed and having him to provide al list of his requirements by 5:00 pm on Friday. The rental fee would be based on his requests. Ms. Halbrook seconded the motion. All Council members voted aye and the Facility Use Agreement: Insurance Coverage Requirement: Thel Facility Use Agreement states that Insurance is required and a certificate ofi insurance should be sent to the' Town of Stokesdale. Regarding insurance requirement for the use of the Park, Mr. Braswell made a motion to adopt "Insurance coverage is required for all groups, businesses, and all other non-private entities." Mr. Bill Jones seconded the motion. AlI Council members voted aye andt ther motion carried. Use oft the' Town Hall will continue to require insurance coverage: for all uses. Park Issue: Mr. Hommel asked ifit has been considered to place swings in the Parki in the Playground area. Mr. Budget Request: Susan Lukens, 8305 Stokesdale Street, said that shel had presented al Budget request of $1,000a and is asking for improving and beautifying the downtown core, from stoplight to stoplight, for two benches and four planters to be used in thel linear park specifically. She said that the request included information on what has been done in the downtown area and whati ist being planned for the future. There are estimates for materials and drawings showing what the items would look like when complete. She invited everyone to the Linear Park on May 4 for Water System Tank Inspection Report: (See Announcements) Mr. Braswell said that Council was going to discuss the report before Mr. McGougan comes to go over it, but this has not been done. It is not necessary since Council has the report to review. Mr. Braswell said that hel has invited Genel Robertson, Yates Construction, to  ito could be replanted again. Council voted unanimously to approve ther request.  motion carried.  Bruno said thati it will be looked at for the preparation of thel Budget.  Adopt al Pot and the: addition of trees. UNFINISHED BUSINESS  Book 11, Page 2266  3  April 16, 2013TCN Meeting    come to the workshop when iti is held since he worked with) Mr. McGougan on the washout and is very familiar with Library: Update: Mr. Bruno said that the Library Opening was held on April 6. Andj probably about 1,5001 books were sold and $164 was collected. Some people have stopped by Town Hall and purchased books also. Another book sale will be held on Saturday, May 4. There are some high school students that need a community service project and they may help out at the sale. Citizens continue to call and ask about donating more books. They are being asked to wait. until the books in the back room can be sorted to see what other books are needed. Library cards will bej printed this week for those who have requested one. A library Committee meeting will be held next week for all who want to help. It will be held on Tuesday May 23 at 6:00 pm., He hopes to be able to set upa a schedule of volunteers to work at thel Library. After May 4, thel books will be cleaned out oft the halls. NC: Small Town Main Street: Mr. Bruno reported that on April 2 he andi four others represented Stokesdale at the Small Town Mainstreet meeting at Benson. Applications will be sent out soon. A group of students from Chapel Hilli is taking final exams this week and then willl be putting together the final plant that they did for the Town. He said that everything should be completed and he will have iti for Council at thel May meeting. He noted that he has been in contact with Ann Swallow, NC State Historic Preservation Office ands she willl bei in Stokesdale on Monday, April 22 at 2:00 pm at the ROADS building. Everyone is welcome to attend. We are trying to be placed on the National Historical Registry and he will have more information for Council after the meeting. Ms. Halbrook said Consider Revisions to State of Emergency Ordinance #38; Continued from March 19, 2013 Meeting: Mayor Jones said that Mr. Trevorrow had reviewed the documents and that our Ordinance is substantially different from what others had adopted. Mr. Trevorrow suggested that we. keep some uniformity and adopt what the County and other municipalities have adopted with proposed changes that keep with the legislature changes that apply. Oak Ridge has changed theirs but Summerfield has not at this time. Pleasant Garden is changing theirs. Mayor Jones made a motion to continue the matter until thel May 21" meeting for aj public hearing and comments and a vote. Mr. Committee/Board Reports: Mr. Bruno said that the Budget Committee will meet in early May to consider all Departmental and Administrative Reports: Finance Report: March, 2013: Ms. Joyner reported that General Fund assets hadi increased slightly over thej previous month's balance. General Fund checking accounts transactions included payments to the following: Clontz Backflow Service $170.00 for Backflow tests for Town Hall and the Park; Hostway Billing Center for domain names renewal, $38.85; Guilford County Finance Department, $12,500 for planning services and $18,306.54 for 4t Quarter law enforcement services; and Council Members were paid stipends for the first quarter. Accounts Payable included an invoice from Guilford County Finance Department for 1* Quarter animal control for $3,183.25. General Fund Certificates ofI Deposit earned $229.5lwhich was deposited into thel Money Market Savings Account. The savings account earned $12.45 ini interest for the month. The General Fund Savings Account shows the deposit of $51,640.74 from Utility Franchise Tax Distribution. The Water Enterprise Fund report shows that Water Sewer Fund CD #11 matured and it earned $116.63 and was renewed. The Water Enterprise Checking account includes payments to the following: Clontz Backflow, $300.00 for testing the backflow at the master meter; and Southern Corrosion, Inc. $3,905 for cleaning the water tank. Accounts Payable includes invoices from Yates Construction for reading meters, flushing lines and locating lines; Marziano & McGougan, PA $2,500 for their services during the tank washout; Yates Construction $220 for their  the system.  that she was tryingt to get aj picture of the downtown for the County Magazine.  Bill Jones seconded the motion. All Council members voted aye and thei motion carried.  COMMITTEE ANDI BOARD REPORTS  budget requests.  services duringt the tank washout project.  Ms. Joyner noted that alll budget requests must be submitted to the Budget Officer by April3 30.  Property Liability Insurance Renewal: The Finance Officer indicated thati iti is time for the Town to renew the  Book 11,1 Page 2267  April 16, 2013 TCI Meeting    insurance coverage currently provided by NC Risk Management fort the' Town. Mr. Bill Jones asked ifRisk Management had provided any updated information of the replacement costs of the water tank. Ms. Joyner said that Mayor Jones made a motion to renew the liability insurance for the properties of the Town of Stokesdale. Mr. Administrative Report - Town Clerk: Vacation Request: Mayor Jones made a motion to approve the Town Clerk's request for vacation days as set forth in the memorandum that she has presented. Ms. Halbrook seconded The Clerk noted that there is another fire hydrant that was damaged by a vehicle. Yates Construction has not Mr. Bruno presented al list of items and their costs fori items for the library including al bar code scanner, a stamp to identify books as Town property, labels, and ink for the printer. Mr. Braswell made a motion to reimburse Mr. Bruno $127.32 from the Library Fund. Mr. Bill Jones seconded the motion. All Council members voted aye and Contract for the Auditor for 2012-13: Mr. Braswell recalled that Cannon & Company was not going to increase their rates this year. Mayor Jones made a motion to approve a contract renewal with Cannon & Company for 2012-13. Mr. Bruno seconded the motion. All Council members voted aye: and thei motion carried. Senate Bill #394: Mr. Braswell said that he had read an article in the Northwest Observer and had been receiving emails about this bill and he was looking for direction from Town Council oft their interpretation oft thel Bill. Mayor Jones said that the Bill would take away the Utility Franchise Fees from the Towns and make that money available to the State. There have been some alternatives suggested but nothing has been decided. The state may balance their budget but they would be using funds that normally have come to the Towns making it necessary for Towns to tax more. Mayor. Jones said that the Town does have funds in savings that can be used until the State makes a Mr. Braswell said that the Town' 's income from investments has declined as aj percentage to the overall income of the' Town. Hes said that he had called his senator about thel Hold Harmless Agreement. Mr. Bill. Jones said that he had talked to Paul Myers at the NCLM and the new utility franchise fees will be distributed in the same manner as the sales tax which the Town lost several years ago. Ift the Town were to impose a tax, it would be another year Mayor Jones suggested that the Town should not panic but should wait and see what the State does. Council may want to levy a tax now or wait or use savings and manage it for the year and see what happens. The budget Corporate Donation to Park: Mr. Braswell said that Gauldin Trucking has volunteered to make repairs to the horseshoe pit area. Mark Gauldin has volunteered to donate dirt, thel hauling, grading and seeding, to remove the four pits near the volleyball court. He is willing to sign the volunteer form. The lumber from the upper pits will be used to remake the remaining four pits. Mr. Braswell suggested that the Town should recognize Mr. Gauldin as a sponsor of thel Park or having adopted an area for thel Park by havingar nice wooden sign erected in the area with) his company name and phone number on it. Council would approve the sign. He sees volunteers and would like to promote more corporate sponsorships for the Park and the Library. Mr. Braswell made a motion to graciously Mayor Jones asked ift the pits should be repaired or if another volleyball court should be: added. Hes said that another  shel had notr received any information from them but would follow up with them. Braswell seconded the motion. All Council members voted aye and the motion carried. the motion. All Council members voted aye and the request was approved. provided the cost to repair the hydrant. Ani insurance claim has been filed.  the motion carried.  OTHER BUSINESS:  course of action.  before any oft the sales tax would be received by the Town.  committee can look at this.  accept Mark Gauldin'sd donation to repair the area at the horseshoe pits as described.  court would be used more than thel horseshoes have been used.  Book 11, Page 2268  5  April 16,2 2013TCN Meeting    Mr, Bill Jones seconded the motion. Mr. Trevorrow asked about the arrangement and asked if Mr. Gauldin is volunteering only ifhe can put upa a sign. Mr. Braswell said that it was hisi idea toi identify the area and for Council to recognize corporate donations and volunteers. Mr. Braswell said that the sign would apply to this one situation Mayor Jones called the question. Council voted three to two to approve the motion with Mayor Jones and Ms. Mr: Braswell said that he has volunteers who are lined up to mow in the Park. Mayor Jones asked how this was going to work such as what are they going to mow and how often, what would they mow with, who will pay for the gas and when they would come who will have liability fori it. Mr. Braswell said that the liability can be discussed with thei insurance provider for the' Town. He said that they would mow the grass and there may be different people for different areas. They will furnish their own, gasoline and will mow as needed. Ms. Nancy McCoy said that with the size of the property, iti isi not ay volunteer job and thati iti is thei firsti impression when you come to' Town Hall. Mr. Braswell said that Stokesdale Parks and Recreation wants to adopt the soccer fields. Joe Dixon, Stokesdale Parks and) Recreation, says that the grass on the soccer fields is not his first choice of grass. Mr. Braswell said that they Mayor Jones asked how many volunteers were there, how often they will mow, and who was going to set up the Ms. Jan Brown said that she does not regularly attend meetings but happened to come tonight. Mayor Jones has asked legitimate questions of Mr. Braswell and it was her perception that he (Mr. B) has an overall idea but what steps are you going to take Mayor Jones has asked exactly how many people, who is going to do what section when and those kinds oft things. That is the essence of aj plan that will get you to where you want to be and the success that you want tol have. She said that she did not understand his defensiveness about the matter butl he should Mr. Braswell said that he would like to have volunteers here on September 1 with the heavy equipment to be Ms. Brown said that she has managed volunteers and you have to be there and know what is happening and to supervise and to see that it is carried out. Volunteers have to know precisely what they are to do. If you don't use volunteers right, you willl lose them. Ifthey do not have aj plan with guidance and direction, and clarity as to what is tol happen, then there will be confusion and it will flop. It happens if there is not a careful plan so that everyone knows what is supposed tol happen. Mr. Bill. Jones said that he has beent to thel budget committee meetings and they Voice Recognition Software: Mr. Braswell said that the deputy clerk had suggested using this software to assist with the minutes. He asked Mr. Trevorrow to check on the use of electronic minutes. He made a motion to investigate electronic software for the purpose of assisting with the taking of minutes of the meetings from other meetings similar tot this and there are other companies or municipalities that use voice recognition software. He said that he would like for the deputy clerk to investigate the different kinds that are offered. Mayor Jones said that in the courtroom setting, you have tol have microphones for eachj person. The audio tape can then be transcribed. Mr. Braswell made a motion to retire tol Executive Session for aj personnel matter. Mr. Bruno seconded the motion.  only.  Halbrook voting no.  plan top plant fescue this fall. They may not do away with thel Bermuda.  schedule.  work together. plugging and seeding.  are working on some of this buti iti is in thej planning stages and] has not been voted on yet.  All Council members voted aye. Council retired tol Executive Session at 10:001 PM.  Council returned to regular session at 10:25 pm.  ANNOUNCEMENIS: Mayor Jones noted that the announcements were listed on the agenda. COMMENTS FROM COUNCIL: There were: no comments from Council.  Book 11, Page 2269  April 16,2 2013TCMeting    ADJOURMENT: Mayor Jones made a motion to adjourn. All Council members voted aye ini favor of  adjourning the meeting. The meeting was adjourned at 10:28 pm.  Cardp Carolyn V Joyner,  Zpu  Approved: Ha  RandleL. ono Mayor  Book 11,1 Page 2270  7  April 16, 2013" TCI Meeting