Mayodan Town Council Regular Meeting January 11, :00 p.m. James A. Collins Municipal Building

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1 Mayodan Town Council Regular Meeting - 7:00 p.m. James A. Collins Municipal Building Present: Mayor Jeff Bullins Council: Darrell Allred, James Bud Cardwell, Glenn Chatman, David Holland, and Andrew Buddy Martin Absent: Staff Present: Town Attorney: Phil Berger Town Manager: Michael Brandt Town Clerk: Melessa K. Hopper Others Present: Dallas Britt, Madison Messenger The Mayodan Town Council met at 7:03 p.m.,, in the council room of the James A. Collins Municipal Building, and with a quorum present Mayor Bullins called the meeting to order. Public Comments Item 1: Mr. Layton Everitt stated he owns property adjacent to 433 S. 2nd Avenue, Mayodan, NC, that is in very bad shape and he inquired what ordinances or rules the Town places on properties in such poor condition. Mayor Bullins informed Mr. Everitt that the agenda included an item regarding that property and he would have his questions answered at that time. Mr. Buck Purgason of Madison addressed the Council regarding his wishes for the Town of Mayodan to pass a moratorium on fracking. He stated the County has a moratorium but this does not cover the Town. He asked the Council to pass the moratorium to send a message to Raleigh that the Town is against fracking. Ms. Jenny Edwards, program director for the Dan River Basin Association, stated the DRBA passed a resolution in opposition to fracking. She asked the Council to consider a time-limited moratorium on fracking. Mr. Glen Bozworth, Dan River Campground and Dan River Adventures, stated that fracking is a threat to the county s tourism and natural resources. He asked that the Town adopt a fracking moratorium. He stated there are protections missing for the environment and citizens. He feels it is the government s duty to protect the environment and citizens and in this case the federal government s duty has fallen to the local governments. There are no provisions to control radon or environmental hazards, no vertical setbacks, and the law violates property rights. There is toxic waste created by fracking and there are no rules or laws governing the waste. Retention ponds and wastewater treatment plants cannot handle the fracking waste and the waste cannot be treated at wastewater treatment plants. He asks Council to take this measure to allow time to work on a more permanent solution. 1

2 Ms. Carolyn Wall, earth science teacher at McMichael High School, stated that fracking wastes are known carcinogens that evaporate and go into the atmosphere and travel. She asked Council to place a moratorium on the agenda and give it consideration. She stated long term exposure to fracking wastes in the air affects nervous systems, creates blood disorders, and other various illnesses. Mr. Norm Leinhardt, of Reidsville, discussed a 37-page shell gas report by state geologists that gave information regarding the depth and length of the Dan River basin shell and how the toxic wastes could enter the water supply. He also asked for the Council to consider a moratorium on fracking and to research the reports and know more about fracking. Mr. Ira Tilley stated he grew up in Mayodan and has a strong passion and concern for Rockingham County and Mayodan. He stated the County ordinance for a moratorium does not transfer to the towns. He related that the counties of Stokes, Lee, Chatham, Anson, and Moore had all adopted a moratorium ordinance. He further stated that the Town of Stoneville had approved a time-limited moratorium, the Town of Madison had agreed to place the item on their next agenda, and the City of Reidsville would be considering a moratorium tomorrow. Mr. Tilley asked the Council to consider a moratorium on fracking. Mayor Bullins explained to the concerned speakers that the Town s policy for adding an item to the agenda included formally requesting such by filing a written request with the Town Clerk. He also stated that the Council had been hesitant to pass a moratorium because their concern would be passing an ordinance, which is essentially a law, which cannot be enforced. Citizens or others could then come to the Council and ask why they aren t enforcing a law they enacted and the Town would have an obligation to act and there could be some liability there for not acting. He asked Mr. Tilley or any other person of the group to contact the Town Clerk s office to receive a request to be placed on the agenda. Approval of Minutes Item 2A-C: MOTION by Councilman Martin, seconded by Councilman Chatman, to approve the agenda and regular meeting minutes of December 10 and 14, 2015, and closed session minutes of November 9, 2015 as presented. Ayes: Councilmen Allred, Cardwell, Chatman, Holland, and Martin. Nays: None. Motion carried unanimously. Old Business Item 4A: Mayor Bullins asked Town Manager Michael Brandt to give an update on code enforcement issues. Mr. Brandt stated he had spoken with county code enforcement and building code inspectors regarding the property at S. 2nd Avenue that Mr. Everitt had referred to earlier. Mr. Langel with Rockingham County had contacted seven of the property owners and all indicated a willingness to sign a power of attorney to remove the building and place a lien on the property for cost of the demolition and clean up. Town Attorney Phil Berger stated the attorney s office would conduct a deed and property search to determine if there are more heirs to the property than had been contacted and determine which legal action would be best to suit this particular situation. If this suggestion does not work, the Town can pursue legal condemnation. Mr. Brandt stated the structure on Washington Street Extension is being taken down and is almost complete. The Town is still attempting to locate the heirs to the property on W. Jackson Street. Town staff will continue to work with the attorney s office to research more information. 2

3 Item 3B: Mayor Bullins gave an update on the Recreation plan study that the Towns of Mayodan and Madison will jointly procure. One part of the study will jointly look at the Recreation Department with Madison and the second part will study the parks and trails in Mayodan and would be done solely for the Town of Mayodan. At a meeting with Madison an agreement to go out for a request for proposals was decided upon. New Business Item 4A: Mayor Bullins called upon Mr. Rex Rouse of Rouse, Rouse, Penn, and Rouse to present the audit. Mr. Rouse went over expenditures and revenues and gave the Town a favorable audit report. **A copy of the Audit report is hereby by reference made a part of these minutes and a copy is on file in the Town Clerk s office for public viewing. Item 4B: Mayor Bullins and Manager Brandt gave information to Council regarding the rate set for the bulk water sale to the Town of Stoneville, and the bulk sewer rate for the towns of Madison and Stoneville for the 2016 calendar year. There was an increase in the rate due to continued expenses and a reduction in the amount of gallons treated. Item 4C: Mayor Bullins asked Council to consider a resolution for an amended project budget ordinance for the CDBG Building Reuse Sturm Ruger & Company project. MOTION by Councilman Martin, seconded by Councilman Chatman, to approve the amended project budget ordinance for the CDBG Building Reuse Sturm Ruger & Company project. Ayes: Councilmen Allred, Cardwell, Chatman, Holland, and Martin. Nays: None. Motion carried unanimously. CDBG BUILDING REUSE TO SERVE STURM, RUGER & COMPANY, INC. Amended Project Budget Ordinance BE IT ORDAINED by the Town of Mayodan Town Council that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following capital project ordinance is hereby adopted: Section 1 The project authorized includes Building Renovation improvements to serve the Sturm, Ruger & Company, Inc. facility to be financed with grant funds from the NC Department of Commerce (CDBG and RURAL Building Reuse Programs), and local funds by Sturm Ruger & Company, Inc. and the Town of Mayodan. Section 2 The officers of this unit are hereby directed to proceed with the capital project within the terms of the grant documents and the budget contained herein. Section 3 The following amounts are appropriated for the project: Building Improvements Renovation $1,254,000 3

4 TOTAL $1,254,000 Section 4 The following revenues are anticipated to be available to complete this project: CDBG RURAL TOWN TOTAL Building Renovations $750,000 $480,000 $24,000 $1,254,000 TOTAL: $750,000 $480,000 $24,000 $1,254,000 Section 5 The Finance Officer is hereby directed to maintain within the Capital Project Fund sufficient specific detailed accounting records to satisfy the requirements of the grantor agency, the grant agreements, and federal regulations. Section 6 Funds may be advanced from the General Fund for the purpose of making payments as due. Reimbursement requests should be made to the grantor agency in an orderly and timely manner. Section 7 The Finance Officer is directed to report, on a quarterly basis, on the financial status of each project element in Section 3 and on the total grant revenues received or claimed. Section 8 The Finance Officer is directed to include a detailed analysis of past and future costs and revenues on this capital project in every budget submission made to the Town Council. Section 9 Copies of this capital project ordinance shall be furnished to the Town Manager and to the Finance Officer for direction in carrying out this project. Adopted this the day of, 2016 in Mayodan, North Carolina. _s/ ATTEST: Mayor s/ Town Clerk (seal) Item 4D: A voluntary annexation petition was received by the Town Clerk s office on December 21, 2015 submitted by PSI Mayodan, LLC for property located at 6734 NC HWY 135, Mayodan, NC. The property owners will be applying for water and sewer service and will apply for annexation as Town policy. Mayor Bullins asked Council to consider a resolution directing the Clerk to verify the sufficiency of the petition for annexation. MOTION by Councilman Holland, seconded by Councilman Cardwell, to approve a resolution directing the Clerk to verify the sufficiency and report at the next regularly scheduled meeting for the petition by PSI Mayodan, LLC for property located at 6734 NC Hwy 135, Mayodan, NC. Ayes: Councilmen Allred, Cardwell, Chatman, Holland, and Martin. Nays: None. Motion carried unanimously. RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-58.1 WHEREAS, a petition requesting annexation of an area described in said petition was received on December 21, 2015 by the Town of Mayodan; and WHEREAS, G.S. 160A-58.2 provides that the sufficiency of the petition shall be investigated by the Town Clerk before further annexation proceedings may take place; and WHEREAS, the Town Council of the Town of Mayodan deems it advisable to proceed in response to this request for annexation; 4

5 NOW, THEREFORE, BE IT RESOLVED by Town Council of the Town of Mayodan that: The Town Clerk is hereby directed to investigate the sufficiency of the above-described petition and to certify as soon as possible to the Town Council the result of her investigation. This the 11th day of January s/ Jeffrey G. Bullins, Mayor s/ ATTEST: Melessa K. Hopper, CMC, Town Clerk Item 4E: Mayor Bullins and Manager Brandt went over information regarding cancelling agenda meetings in an attempt to reduce the number of meetings to one per month rather than two and with an effort to be more transparent to the public. In the past more discussions seemed to happen at the agenda meetings and less at the regularly scheduled meeting that more of the public attends. The Council in essence discussed topics twice and Mayor Bullins asked Council to consider trying to handle all business at the one regular scheduled Council meeting on the second Monday of each month. The Council discussed cancelling agenda meetings each month for a few months to determine if the efficiency and work product would suffice with only one meeting. MOTION by Councilman Chatman, seconded by Councilman Cardwell, to approve cancelling the February 2016 agenda meeting and experimenting with cancellation of agenda meetings for a few months to determine if there is a need for a second meeting. Ayes: Councilmen Allred, Cardwell, Chatman, Holland, and Martin. Nays: None. Motion carried unanimously. Item 4F: Discussion regarding a budget workshop retreat was held. Tentatively the Council will meet on February 23, 2016 and Mr. Brandt will work on the facility and time. Manager Comments/Announcements Mr. Brandt informed Council of various meetings that will occur in the next month beginning with an Economic Development Annual Meeting to be held on January 20, 2016, an Economic Development 101 Workshop to be held on January 21, 2016, and a National Historic District Public Meeting on February 3, Mayor/Council Comments/Announcements Mayor Bullins asked that an appointment to the Western Rockingham Chamber of Commerce ex-officio member be placed on the February meeting and he will attend the January meeting. 5

6 MOTION by Councilman Allred, seconded by Councilman Holland, to adjourn the meeting. Ayes: Councilmen Allred, Cardwell, Chatman, Holland and Martin. Nays: None. Motion carried unanimously. Council adjourned at 9:10 p.m. ATTEST: Melessa K. Hopper, CMC, Town Clerk Jeffrey G. Bullins, Mayor 6