March 26th, 2018 Minutes


March 26, 2018 – 7:00 PM

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

Absent: Alderman Tichy, Alderman Crouse

Mr. Reich gave the invocation.

Mayor Pro Tem Sharpe made a motion to approve the February 26, 2018 minutes, seconded by Alderman Andrews. Motion carries 4-0

Alderman Andrews made a motion to go into a public hearing, seconded by Mayor Pro Tem Sharpe. Motion carries 4-0

Public Hearing – Amending the Zoning Ordinance Regarding Accessory Buildings

The amendment is to specifically state that no accessory structure may be built until the primary structure has been built. A property owner in Hidden Creek requested a permit to build what would amount to a single family residential structure. They also wanted to build a 3,000 square foot home at some point in the future. They were told that they could not build two single family structures on one lot. An audience member, Eric Gonzales, of 4408 Hidden Creek, spoke about the new proposed amendment. He stated that he lives in the ETJ zone and was able to build an secondary structure on his property first, which was a help to him in being able to store building materials during the building of his home. Clerk York stated that Mr. Gonzales was the first person to apply to build the secondary structure first, which he signed off on. The building was 1400 sq. ft. and had no electricity or plumbing. It was only a storage building. The other property owners who wanted to build the secondary structure first, were intending to build a guest house, complete with bathrooms and living space, not a storage building. This property owner eventually revised their plans to remove the bathroom, well, and septic connections. The permit was signed. In order to prevent this situation from occurring again, Clerk York has proposed an Amendment that specifically states that Accessory Structures may only be built after the principle structure has been built. Mayor Pro Tem Sharpe asked about the ability to build a mother-in-law suite or some type of other structure regarding the amended ordinance. Attorney Koonts stated that if the property was large enough it would have to be subdivided to build that type of structure. Attorney Koonts also stated that the mother-in-law structure is a separate issue from this ordinance because it would be a primary dwelling, not an accessory building. Alderman Andrews made a motion to out of public hearing, seconded by Mayor Pro Tem Sharpe. Motion passed 4-0

Amending the Zoning Ordinance Regarding Accessory Buildings

Clerk York stated that the Planning Board had not decided on this issue and that they wanted to study it more. Some members were concerned about preventing someone with a large amount of land from building a storage building on their property. Attorney Koonts said that this issue could be studied more in regard to the RA district.

Motion made by Alderman Isley to table this issue, seconded by Alderman Baldwin. Motion passed 4-0

Public Hearing- Food Trucks as a Permitted Use

Motion made by Alderman Isley, seconded by Alderman Baldwin to go into public hearing. Motion passed 4-0.

Clerk York stated that he had changed the permit fee to $15 and taken out the push cart wording in the ordinance. He also stated that under operational requirements it states that no food truck can be within 100 feet of any residence, school or religious institution or cemetery without the approval of the property owner. The hours of operation are from 7am-10pm. The food truck owner must be approved by the Alamance Health Dept. Food trucks must not operate within 500 feet of any restaurant, unless they have approval from the owner. Food trucks cannot block any road ways or sidewalks. They must clean the area thoroughly. There can be no loud speakers or advertising besides the truck itself.

Mr. Hank Williams spoke to the board about his food truck, High on The Hog. He stated that the ordinance sounded very fair and that he met all the requirements. He did state that he had the truck with him if any of the board members were interested in looking in it. There were no further comments. Mayor Pro Tem Sharpe motioned to go out of public hearing, seconded by Alderman Isley. Motion passed 4-0

Food Trucks as a Permitted Use

Clerk York stated that the planning board had approved the ordinance. Mayor Pro Tem Sharpe wanted to amend the ordinance to say, “food truck or motorized trailer” in the definitions. The board agreed to the amended ordinance. Motion made by Mayor Pro Tem Sharpe to accept the modified ordinance, seconded by Alderman Isley. Motion passed 4-0


Engineer Report

Mr. Reich stated he had reviewed the information that Glynn Fleming had researched on the impact fees for water and sewer and would like Mr. Fleming to go over that analysis with the Board. Mr. Fleming stated that the General Assembly had created House Bill 436, in order to reaffirm the right to charge impact fees and to give guidelines for appropriating those funds. Mr. Fleming explained that he had gone through the Village’s comprehensive financial reporting and the current schedule of depreciable assets and used that to establish a system valuation.

The valuation of the water system is just under $1 million and the valuation of the waste water system is about $1.8 million. When those numbers are compared to the capacity allocation from the city of Burlington, it shows what the cost of a gallon of water service and waste water service from the Village is worth. Following that method, it shows that the cost of a gallon of water service from the Village is about $1.95 and the waste water service is about $13.00 a gallon. When that is equated out with North Carolina standard usage for a single family home, that would give a total charge of $3,000.00. Mr. Fleming explained the report he has brought before the Board requires no action at this time. There should be an open public commentary period of 45 days, after which any comments can be addressed. A final report will be drafted after the comment and review period are over for the Board to consider adopting. The new fee schedule will take affect July 1st, 2018.

Mr. Reich stated that at the last meeting there was discussion about improving the entrance to Rob Shepard Dr. A plan has been prepared and discussed with Chuck Edwards of DOT, who stated that the plan was acceptable. Mr. Reich said if the board is ready to move forward he would need Mayor Tichy and Clerk York to sign the encroachment agreement. The proposed plan is to make Rob Shepard Dr. a street type entrance, which would entail taking up the curb and gutter and replace it with a more regular grade curb and gutter. The proposal for the sidewalk is to lower the grade and make it ADA compliant. Waugh Asphalt gave an estimate of $9900.00 to do the work, including the demo, traffic control, and the sowing. The curb and gutter price is $5,280.00, at $55.00 a liner foot. Mr. Reich stated that the crack sealing work had not begun due to the extremely wet winter this year, which has caused a back log for that kind of work. It will be at the Boards discretion to push back the crack sealing work until next year. It is more desirable to do this type of work in the winter when the cracks are widest. A motion was made to accept the change order #15468 from Waugh Asphalt to amend their contract, by Alderman Isley seconded by Alderman Baldwin, motion carries 4-0

Mr. Reich stated that he proposes, for the sidewalk construction, that the property owners have an agreement with the Village that the easement line be 5 feet from the back of the curb, so that the sidewalks could be constructed now and be maintained by the Village in the future. It would be a document that would need to be notarized and recorded, after the homeowners review it and sign. The board will need to decide if they would like Mr. Reich to begin the process of drawing up an agreement, with Mr. Koonts assistance, and contacting the property owners regarding the easement line. There was an audience question about parking while the work was being done. It was suggested that people could park at the Lutheran Church during that time. It was the decision of the Board to proceed with the process of drawing up an agreement.

ORC Report

Mr. Allred reported that Birch and Pond stations were working well. There have been a couple of issues at the NC 62 pump station, but they have been resolved at this time. The distribution system is being treated with chlorine and will continue until May 7th, at which time it will be flushed thoroughly. The THM testing passed for February.


Village Website RFP

Clerk York stated that there was only one response to the website RFP, which he emailed to the Board members to review. A discussion or decision can be made at the April or May board meeting.

Solid Waste RFP

Clerk York stated there were 4 responses to the Solid Waste RFP, which he emailed to the Board members to review. A discussion or decision can be made at the April or May board meeting.

Montessori School

Clerk York stated he did not have any further updates. Mr. Reich stated that he had responded to an email from them about tying in to the water and sewer for the Village. Alderman Isley asked if traffic would be a concern with the building of this new school. Mayor Tichy stated that that would be a DOT issue, the only concern for the Village is that they are compliant with the zoning and building ordinances.

Finance Report

Clerk York Stated that the total amount of cash on hand is 2.4 million for the Village. Clerk York stated that he may need to amend the legal advertising and internet budget, but that would be covered at the next meeting. The overall budget is in good shape at this time.


Public Comment

There was a suggestion from the audience that the planning board could attend a workshop in Kernersville or have someone come here to do one.

Motion to Adjourn made by Alderman Andrews, seconded by Alderman Isley. Motion passed 4-0

Don Tichy, Mayor