December 21, 2020 Minutes




December 21, 2020 – 7:00 PM


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


Absent: Alderman Crouse,


Invocation and Call to Order given by Mr. Reich



Engineer Report


  1. Update on staff review of Preliminary Plat from Timmons Group


The new proposal is for 35 lots. They are proposing a 20ft. wide ribbon street, no curb and gutter, built to NC DOT standards and a 50ft. right of way. The total length of the roads will be 2,729 ft.

Lot sizes range from 22,146 sq ft. to 35,695 sq ft. There is one lot less than 25,000 sq ft.

The proposed setbacks are 35ft. front, rear 25ft., side 10ft., corner 15ft.

They are proposing a community well with 2 sites. They have proposed 6-inch water mains. Individual septic systems are proposed with lines run to septic fields. The development is proposed to be a low-density development with an impervious area of 15.2%

Low density developments are not required to comply with phase 2 storm water requirements. NCDEQ will be the agency that will review and approve their planning. There are 8-10 different types of storm water control. If curb and gutter storm water control is used then storm water control measures may be required regardless of the percentage of impervious area, unless a curb outlet system is incorporated into the design. Mr. Reich stated he was not entirely familiar with a curb outlet system and all that it consists of.


There is a water main that exists along the southern shoulder of NC 62 and is readily available to be connected to. It could provide the subdivision with potable water and provide fire protection to the development. The village has the capacity to serve this development with water as there is a half million gallon agreement with Burlington. The sewer capacity, however, is lower at 28,980 gallons per day. If the development were to tie into the sewer system, they would need their own pump station and a force main. Based on the sewer available to the Village approximately 60 additional 4 bedroom homes or 80 3 bedroom homes, or a combination of the two could be added. An annexation request to the Village must be made if either water or sewer is required. The Village is not obligated to accept any requests.  If the Village did accept the request for annexation and the developer could show financial hardship, they would not be required to install the pump station.


The Village also requires curb and gutter within the corporate limits. There are some rules about the curb outlet system. They require a minimum length of 100ft of a two foot wide flat bottom ditch coming off the discharge line so the water can be absorbed. Mr. Reich stated more study on the curb outlet system would be needed if it were to be implemented.


Mr. Reich stated there might be some catch basins or a flume system in the development. The plans are still being reviewed.

Clerk York stated that the Village is just in the review plan of this proposed development. It is a newer process for the Village and a TRC committee needs to be established.

That committee would review the plans, speak with the developer, and devise another preliminary plat. That plat would be brought before the planning board and then presented to the board of Aldermen.


Attorney Koonts stated one of the issues to consider is if the Village is willing to provide water but not sewer. This subdivision is in the ETJ and the town is not responsible to provide either unless they want to be annexed into the Village. The current Village ordinance does allow for the provision of water without sewer due to the lower amount of sewage capacity allowed from Burlington.


Mayor Tichy stated the Village requested more sewer capacity from Burlington two years ago but still have not received an answer. He also stated that he would prefer curb and gutter roads to make it safer for fire and rescue to get through in an emergency, and for overall community appeal.


Mayor Tichy stated he has no problem providing water only but is concerned that they will eventually want to tie into the sewer system due to the upkeep and expense of septic fields.


Alderman Isley stated he did not see much difference in the new plan submission and wanted to know if the land perks for the septic fields they are suggesting. Mr. Reich stated that Diamondback has had the soil evaluated and found a couple of lots that would be suitable for septic fields.


Alderman Baldwin asked if the 40ft street buffer for 62 went down Kimesville rd also. Mr. Reich stated it did not. Alderman Baldwin stated he was concerned about the proposed entrance and the possible traffic issues it may cause. Mr. Reich stated they do have a proposed second entrance from Kimesville Rd. Mr. Reich stated DOT would be responsible for approving the driveway permits because they would be connected to NC 62.


Attorney Koonts stated it would be best to let the engineers work the site, acquire all the input, and then consider the requests put before the board.


Attorney Koonts stated that the question before the board is, will the Village be willing to split services to this subdivision by providing water but no sewer.

Alderman Tichy asked if there were any split services already being provided in the Village. Clerk York stated there were some residential homes that had water but not sewer. They are on Birch, Ashe and Alamance Baptist Loop.


Mayor Tichy asked the Board if they were in agreement to split services. Attorney Koonts stated that this decision is to help give guidance to he and Clerk York and Mr. Reich as they review plans. There has been no request submitted at this time from the builder for water.

Alderman Baldwin stated he wanted to see the subdivision have water and sewer, due to water drainage issue.


Alderman Tichy asked what the cost of a pump station would be if the subdivision needed one. Mr. Reich stated it would be approximately $250,000 to build.

The Board will consider all options until the next meeting.


ORC Report


Mr. Allred stated that the Birch, Pond and NC 62 collection systems were running well. The spare pump for NC 62 is now in the Village storage building. There is a spare for each station. Manhole inspections will begin next week. The valves have been exercised.

No results yet on the November THM testing.




Proposal to Hire a Consultant to revise the Zoning Ordinance


Mayor Tichy stated that in light of the continual questions the Board is coming up against with the proposed subdivision, they would like to have the zoning ordinances revised for clarity.


Attorney Koonts suggested that Ginger Booker would be an ideal candidate to revise the zoning ordinances. She is a long time zoning lawyer, has written many zoning ordinances for a variety of places and also worked for the Piedmont Triad council of Governments. She now does consulting on her own.


Attorney Koonts stated that a new statute, 160D, governing land use controls must be updated by July 1st to match new state statutes.

She will reformat and organize the zoning ordinances. Conditional zoning will be added, along with editing the subdivision ordinances.


A motion to hire Ginger Booker as a consultant was made by Alderman Tichy, seconded by Alderman Isley. Motion carries 5-0


Approval of Board Meeting Dates for 2021


Motion to accept new Board meeting dates for 2021 made by Alderman Andrews, seconded by Alderman Tichy. Motion carries 5-0


Finance Report/Budget Amendment


Clerk York stated that the Village has $3,078,000.00 in total cash.


The money from the Cares act is purchasing new equipment to make remote meetings possible for the council.



Alderman Tichy asked if drainage in Heritage Glen can be looked at from Freedom Dr. to Heritage Ln.  Alderman Baldwin stated a catch basin may help with the drainage issue. Mr. Reich stated he would look at the plan and visit the site.


Alderman Isley asked if the drainage under the Town Hall is monitored. Clerk York stated it is and there are no issues. When the parking lots was redone, a swell was created to help any drainage problems.


The lights in the parking lot need to be fixed or changed. The front door key needs to be retooled.


Mayor Tichy thanked Clerk York and Mrs. Folwell for their year of work and gave each a card.




Motion made to adjourn by Mayor Pro Tem Sharpe, seconded by Alderman Tichy. Motion carried 5-0


                                                                      Don Tichy, Mayor



___________________________________Ben York, Village Clerk