January 23, 2023 Minutes




January 23, 2023 – 7:00 PM


Present: Mayor Tichy, Mayor Pro Tem Isley, Alderman Andrews, Alderman Hunt, Alderman Crouse, Alderman Cheap, Alderman Tichy, and Clerk York.




Invocation and Call to Order given by Mark Reich


A motion was made to approve the December 19, 2022, meeting minutes by Alderman Tichy, seconded by Alderman Cheap. Motion carries 6-0


Public Hearing: Variance 4499 Cornerstone Drive


Alderman Tichy moved to go into a public hearing and for the Board of Alderman to sit as the Board of Adjustment.  Mr. James Coble is also on the Board of Adjustment as a member of the ETJ.  Mr. Coble was present.


Mr. Aaron Noble, owner of the property at 4499 Cornerstone Dr, was present and addressed the Board.  Mr. Noble presented a document with several exhibits.  That document is attached and made a part of these minutes.


Mr. Noble said that Mr. York clearly stated that the side setback was 10 feet.   Mr. Noble said he measured the setback from a stake in the southeastern corner of the property. When he purchased the property, the realtor informed him that that stake established the property line.  After Mr. York called to place a hold on the permit until the setback could be verified, he had a survey drawn up for the property.  This is how he discovered the other stake.


Mr. Noble said that Mark Reich was present at the time Mr. Noble turned in his Variance application. At that time, Mr.  Reich said that it was not uncommon to have two stakes. It is a small structure that contains a bathroom.  They have spoken with their neighbors, Michael, and Katie Spencer, and they do not object to the location of the building.  This is not an arbitrary move on their part. He has worked in local government for over 30 years and is familiar with setback requirements.  They thought they had complied.  He apologized but again, they were unaware of the other stake.  He then paused to take questions from the Board.


Mayor Tichy noted that the Spencer’s fence was five feet over into their property based on the original measurement from the incorrect stake.  Did this not concern Mr. Noble?  Mr. Noble said that it was not a big deal to them.  Mayr Tichy said that he found it unusual that Mr. Noble did not have a survey drawn when he purchased the property.  Mr. Tichy said that coming from New York, he always has a survey drawn before buying a home to make sure he knows where the property lines and easements are located.


Alderman Cheap asked what the distance between the fence and the back of the building. Mr. Noble said it was five and a half feet from the property line.  The drainage line is where the line is.  Mr. Coble said that he went over to the property and determined it was about 6.5 feet from the fence to the edge of the building.  The Board agreed that the drainage line is located on the property line.


Alderman Cheap asked what the second stake was for?  He thinks it is a mis measurement from a previous survey.  Mr. Reich the second stake could be from an adjoining property. There was some general discussion about what the second stake could be but a conclusion was not reached.  Alderman Cheap asked if the building could be moved.  Mr. Noble said it was not possible to move the building because it is mounted on a slab with an anchor. There is a bathroom in the building as well.  Alderman Cheap said there wasn’t room to move it because of the location of the pool.


Mayor Pro Tem Isley asked he intended to build a privacy fence.  Mr. Noble said it would be a wrought iron fence.  He said that the fence would be built around the pool and not the pool house.


Mayor Tichy asked if there were any more questions.  He then asked if there was a motion to grant the Variance.  No one moved to grant the variance.  Mr. Noble thanked the Board for their time.  Mayor Tichy asked Mr. Noble to get in touch with Mr. York and the County as to how to move forward.  Alderman Andrews moved to come out of a public hearing and Board of Adjustment meeting and Alderman Crouse seconded.  Motion passed 6-0.




Public Hearing: Commercial Code


Mr. Dennis Pinnix is sick and not available tonight.  We also need to advertise the public hearing in the newspaper.  The Public hearing will be held on February 27.  If any Board members have questions about the commercial code, they can email Ben.



Public Comment





Engineer Report


Construction Drawings for the Cardinal Lane Outfall project have been submitted to NCDENR for their approval as well as the sewer permit has been forwarded to NCDEQ.  Easement documents are being revised by the Village attorney.


No additional report on the NC 62 sidewalk project.  We are waiting for poles to be delivered for the speed signs. Alderman Tichy asked for an when they would get here. Mr. York said they are expected in February.


Mr. Reich then reported on option for street paving.  He presented three options.  The Board decided to pave Heritage Lane from the entrance to Brookstone. Brookstone will be paved to Yorkshire.  They will also pave the section of Freedom Drive between Brookstone Drive.  The total cost is estimated to be $175,000.


They are in contact with Duke Energy about scheduling a meeting about the power pole.


Alderman Tichy asked about he drain on NC 62. Mr. York said he would contact DOT about getting the drain cleaned.



ARP Projects


Required Policies

Clerk York stated that there are five polices required for governments receiving ARP funds. We are required to have a Record Retention Policy, Nondiscrimination Policy,  Eligible Use Policy, Cost Principles Policy, and a Conflict of Interest Policy.  Clerk York took the sample polices written by the School of Government at UNC-Chapel Hill and made a few minor changes.  This is also what the City of Mebane had done for their ARP policies as well.  Attorney Koonts pointed out that the Village is already doing the things required by these policies.    Clerk York pointed out that the Board can always make amendments to the policies in the future.  They are more extensive than is required for a municipality of the Village’s size.  Mayor Tichy said it was good to have the extra language in there and that things can always be taken out if needed.  Alderman Tichy moved to approve all five policies and Alderman Crouse seconded.  Motion passed 6-0.


Grant Project Ordinance

Two Grant Project Ordinances were presented.  They are both included in these minutes.  One ordinance is for $315,000 appropriated by the General Assembly.  The second Ordinance is for approximately $336,792 in direct ARP funds.  The second ordinance was passed last June and is being amended tonight.  Alderman Crouse moved to approve the two ordinances as written and Alderman Andrews seconded.  The motion carried 6-0.



Plaid Day


Alderman Cheap said they need volunteers.  They have spaces for 46 vendors.  If you visit other events in the County, let vendors know that Plaid is on May 20th.  He printed some cards at Wal-Mart.  They say Plaid Day May 20th.  He uses those to hand out to advertise the event. He suggests others can do the same thing.  They have water to the concession stand.  They will sell hotdogs, chips, cookie, and a drink.  The tee shirts are coming along well.  The Alamance Plaid is horizontal, not vertical.  They will add vertical lines to the shirt.

Mayor Tichy added that he would like to the Board to approve paying for Alderman Cheap to attend the Chamber of Commerce event in February.  Alderman Andrews said that that was a good idea.  Alderman Tichy moved to approve paying to send Alderman Cheap to the Chamber of Commerce event and Alderman Andrews seconded.  The motion passed 6-0.



ORC Report


He is working to get a quote for an electrical panel at the Birch Pump Station. The trees at Birch Station have been cut down.  The yearly valve exercise program is complete.  Alderman Cheap asked about the previous situation on Heritage Lane.  Clerk York responded that Jerry Warren had run a camera down the line to the sewer service.  The problem area is where the connection was made from the house to the cleanout.  Jerry Warren and Clerk York have explained this to the homeowner.  The homeowner would like to fix the problem himself. He has been informed that he needs to obtain a plumbing permit from the county before he attempts repairs.  Alderman Cheap asked how we will know that the connection has been fixed?  Clerk York can check with the County to see if a permit has been issued.  He can also drive out to the property to see if the ground has been disturbed.  This is an issue for the homeowner to resolve.  It is on his property.





Town Clerk/Asst to Town Admin


Mayor Tichy has asked Clerk York to schedule interviews.  This will be between 2pm and 4pm the first 2 weeks of February.


Finance Report/Budget Amendment


Clerk York said that the Village has $4,078,620 cash on hand.  He is adding an item to the proposed budget amendment.  He is creating a new department under the General Fund for Plaid Day at $5,000.  He is adding a line item for Christmas lights under the administration department of the General Fund for $5,000.  There are also amendments to the internet and building repairs and maintenance line items. Alderman Crouse moved to approve the Budget Amendments and Alderman Tichy seconded.  The motion passed unanimously 6-0.




Randy Smith of Cornerstone Drive asked about the roof work being done around the neighborhood.  He asked if it was legit.


Motion to adjourn by Alderman Crouse, seconded by Alderman Andrews. Motion carries 6-0



                                                                      Don Tichy, Mayor


___________________________________ Ben York, Village Clerk