August 23, 2021 Minutes




August 23, 2021 – 7:00 PM


Present: Mayor Tichy, Mayor Pro Tem Sharpe, Alderman Tichy, Alderman Andrews, Alderman Baldwin, Alderman Crouse, and Clerk York.


Absent: Alderman Isley


Invocation and Call to Order given by Mark Reich


A motion was made to approve the July 26, 2021 meeting minutes by Alderman Tichy, seconded by Alderman Crouse. Motion carries 5-0






Engineer Report


Mr. Reich stated he was waiting for the paving bonds to be returned to begin the work. Heritage Glen Phase 5C has had the water line installed and pressure tested but the BAC-T test has not come back yet. The road testing has not been completed yet due to rain, after it is, the curb and gutter will be installed. Some of the sewer service has been installed and will be tested before service.



ORC Report


The collection systems at Birch station are running well. The generator had the yearly service in July. Pond station mixer has been resetting and Mr. Allred stated he had been in contact with manufacture about it. The problem appears to be a float issue which he hopes to have fixed soon.

The generator for Pond station was serviced and the battery replaced.


The distribution testing was good. Mr. Allred stated he is required to do asbestos testing every nine years and that test came back clear with no problems. A state inspection is scheduled for this Wednesday.





Special Use Permit 4157/4163 S NC 62 (Set a Public Hearing Date)


Clerk York stated the owner of the General store wants to unify the two lots. They will remove the existing store and move the gas pumps to the back of the lot and remodel the other property to become the new store.


Motion made by Alderman Tichy to set a public hearing date for the special use permit at the next meeting September 27, 2021, seconded by Alderman Andrews. Motion carries 5-0


Cleaning up Property on Loop Road


Clerk York started to speak, and Mayor Tichy had to ask members of the audience to please refrain from speaking during the meeting as it is a distraction. He said “Jeremy, please don’t talk during the meeting, you are here to listen and not to talk, you too Elizabeth.” Clerk York stated, after consulting with some other local municipalities, Dennis Pennix of State Code Enforcement was recommended to work with on these issues. Clerk York met with Mr. Pennix, and he stated he could handle the task of enforcing the ordinances and codes. Mr. Pennix would take responsibility for sending letters, taking photos and any further enforcement necessary. Clerk York Is not recommending this company yet, he is just giving the Board information to consider. He will see if the State offers any help with these issues and hopes to have a contract for the Board to consider in September.


The Property that was formerly owned by Carolyn Brumley has been bought by a company and they are in the process of cleaning it up and have removed the old trailers from it. The next thing they will remove is the old school bus and then it will be mowed. They plan to build two houses on the property.


Zoning Ordinance Committee


Clerk York stated the committee will consist of the following members, Paul Koonts, Mark Reich, Clerk York, Don Tichy, Tim Isley, Naydine Sharpe, Gerald Walters, Sherry Ford, and Tim Collins. Sherry Ford will be the Village representative and Tim Collins will be the ETJ representative.

Clerk York stated he would like to have an initial meeting next week to get everyone together to discuss some general things and then set a date to begin reviewing the drafts.


Finance Report/Budget Amendment


Clerk York stated there were no budget amendments. Clerk York stated at the last meeting there was mention of some monies that could be applied for through the State for infrastructure improvements. The Village applied for four projects to be funded but there is still a process to go through in the house and senate before it gets to the Governor to be finalized.





Alderman Tichy asked if there was a deliverable date on getting the ordinance update finalized. Clerk York stated it will depend on how quickly the committee can review and answer questions to get to a final draft.






Marshall Evans of 4337 of Hwy 62 South, has questions about the amount of right away the town is responsible for. Mr. Reich stated the typical right of way is 50 ft from the center of the road outward. Curb and gutter streets are 18 to 20 ft width from road center. Mr. Evans stated the right of ways were not being tended. Clerk York stated he had been in contact with Rusty Saxon, who handles these issues. He has had covid but hopes to return to work next week. He will look at the areas in question and clean them up. Mr. Evans asked if the Village is responsible for the right of ways. Clerk York stated the responsibility of the Village is to make sure nothing obstructs the roadway. Mr. Evans stated he had spoken with a DOT representative about the loop area, and he was informed that the Village took over the road and responsibility of right of ways in 1980. Mr. Evans stated it appears nothing has been maintained since then. He said the DOT rep told him it needed to be cleared completely and have grass planted. Clerk York said he would find out to what extent the Villages is responsible for in the right of ways and have the work done.


Jeremy Vestal stated “I apologize to you for speaking at a public hearing and then you tried to censor me. That’s what I want to say.” Mayor Tichy stated it was a public meeting, not a hearing. Mr. Vestal stated, “Public meeting, public hearing, you know what I mean.” “You trying to censor me boy, I dare ya.” Mayor Tichy stated he had never tried to censor him. Mr. Vestal replied, “you just told me to be quiet right here in the meeting.” Mayor Tichy stated he was making private comments in a public meeting which is not allowed. Mr. Vestal stated, “if it’s in the public its public.” Mayor Tichy asked if he would like to make his comment public now. Mr. Vestal stated he just told someone that this gentleman is Ray Evans. Mayor Tichy stated it was a longer conversation than that. He stated the law says in a public meeting the audience is to be quiet, refraining from any conversation, you are not to interfere with the meeting, and you are not to cause any distraction. Elizabeth Powell spoke up from the audience to ask Mayor Tichy “is that why you interrupt people incessantly when we are up for public comment, and they are speaking?” Mayor Tichy stated he answers peoples questions when asked.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               Ms. Powell stated from the audience that the last few months he had been extremely rude to people. Mayor Tichy stated that Ms. Powell should come up to speak if she wanted to make a comment.

Elizabeth Powell of 3975 S NC 62 stated “You know what you’ve done, you’ve been extremely rude. Don’t comment while I’m up here in public comment.” “Anybody else remember when he would interrupt everybody when we each had 5 minutes?” “You were a disgusting representation of this Village.” “You can laugh but there’s a lot of people that don’t like you, I can tell you that right now. That works both ways, I’m not stupid but I know a lot of stuff that you’ve said to me


that I bet you don’t want me to repeat, about people around this board table.” “Did you remember any of that cause I don’t care, but you should.”


Motion made to adjourn Alderman Baldwin, seconded by Alderman Tichy. Motion carried 5-0


                                                                      Don Tichy, Mayor



___________________________________Ben York, Village Clerk