The Village of Walnut Creek Council met in Regular Session, December 1st, 2010 at 7:30 PM, 103 Village Drive.
Mayor Darrell Horne
Mayor Pro-Tem Danny Jackson Councilman Greg Ricker
Councilman Tom Shaw Administrator Lou Cook
Councilman Russ Prys Clerk Sharon Geelen
Attorney Phil Baddour Chief Ken Barrett
Officer Bryan Belden Bruce Murray-Waste Solutions & Recycling
Dave Colburn-Planning Board John Stiles-Planning Board
Evelyn Rose-Planning Board Larry Somerville-Planning Board
Mike Daly-Planning Board Craig Bowen-Planning Board
Residents in Attendance: Joe Cunningham, Steve Lamb, Estelle Jennings, Alan Johnson
Councilman Ricker led the pledge of allegiance.
Mayor Darrell Horne called the regular council session to order.
Mayor Darrel Horne asked if he could have a motion to accept the agenda. Councilman Shaw moved to approve the agenda and the motion passed unanimously. Mayor Horne then asked if there were any questions on the October Minutes or Finance Report. Councilman Prys had two questions on the Finance Report, regarding the frequency of billing for the trash pick-up and the interest earned on the Powell Bill account. Clerk Geelen answered both of those questions satisfactorily. Regarding the minutes Councilman Ricker had two corrections that needed to be made. Mayor Pro-Tem Jackson moved to approve the Finance Report and the Minutes with the corrections and the motion passed unanimously.
Mayor Horne announced that there would be three Public Hearings. The first is to re-zone 314 Walnut Creek Drive from residential (R-25) to Institutional Government. He asked Mr. Cook to talk about the re-zoning. Mr. Cook explained that the reason for the zoning change is so that the Village can put a new Sewage Lift Station on that site that will take the place of an older lift station on Dogwood Trail. Because this is a zoning matter, the Planning Board is involved and will make a recommendation to the council on the zoning change. Mayor Horne then asked if there were any residents that wished to speak on the issue. With no residents wishing to speak, Mayor Horne closed the Public Hearing.
Council Minutes, Page Two
December 1st, 2010
Mayor Horne then opened up the second Public Hearing to change the Ordinance 94.53. Mayor Horne asked Attorney Baddour to discuss the changing of the Ordinance. Mr. Baddour explained when the Ordinance 94.53 was fist adopted in the 1970’s, sections C & D requiring a minimum of 2 acres lots and certain structural design guidelines were intended for schools, librarys etc and that just has not developed in the Village to date. The proposal is to strike through sections C & D and take out the minimum lot size of 2 acres and the structural design requirements. Mayor Horne asked if there was anyone that would like to speak on that subject. No residents spoke. With no residents wishing to speak, Mayor Horne closed the Public Hearing and asked the Planning Board to adjourn to another room to discuss their recommendation for the re-zoning of 314 Walnut Creek Drive.
Mayor Darrell Horne opened the third Public Hearing and asked Mr. Cook to explain the purpose of the Public Hearing and talk about the commercial financing for the Dogwood Trail and Wakena Point Lift Station project. Mr. Cook explained that it is a requirement of the local government commission that we hold a public hearing and announce to our residents that we intend to use commercial financing to borrow the money to fund the renovation project. In so doing we had to solicit bids from various banking institutions and we have selected a bank that we would like to deal with because they had the best interest rate. Mr. Cook explained the Village would like to enter a contract with Branch Banking and Trust, a commercial lender, to finance the replacement of two sewage lift stations #’s 2 & 3. He further went on to state that we received a low interest rate of 3.06% for the 10 year note. The amount to be financed is estimated to be $613,666.00, however he added that the amount to be borrowed would be less than the estimate because the contractors bids came in lower. Attorney Baddour added that we should also mention that we propose to finance it by the use of a proposed installment contract. Mayor Horne then asked if there were any residents that wished to speak regarding the proposed use of commercial funds to finance the project. No residents spoke. With no residents wishing to speak, Mayor Horne closed the Public Hearing.
Councilman Ricker addressed the residents in attendance and briefed them on the history of the lift stations and the need to replace them.
Councilman Ricker then moved that the council adopt the resolution to use commercial financing to fund the replacement of the two lift stations, the motion passed unanimously.
Mr. Joe Cunningham addressed the council regarding the issue he brought up at the last council meeting, with residents not picking up after their dogs. He said that there is still a problem with residents not picking up after their dogs and asked that the council consider adopting an ordinance that would address that concern.
Estelle Jennings shared a petition with the council that she has had signed by several of the residents on Point Shore Drive requesting that the stop signs located on the two corners of Point Shore Drive and Breezewood be changed to yield signs. She handed out a drawing of the area that she is talking about and a copy of the signatures (attached).
Council Minutes, Page Three
December 1st, 2010
Mayor Horne referred the petition to Councilman Shaw for him to look over and discuss with Chief Barrett.
Bruce Murray- Waste Solutions and Recycling
Mr. Murray had provided a letter to all of the councilmen regarding a request to extend his contract with the village for another four years with no increase. He stated that he has been in touch with the landfill and as long as they do not have an increase their costs, he will not increase the cost to the village for his services.
Planning Board Committee Report:
The Planning Board returned to the meeting and Mayor Horne asked if they had a recommendation regarding re-zoning 314 Walnut Creek Drive from residential to Institutional Government and striking sections C & D in Ordinance 94.53. David Colburn stated that Planning Board has recommended amending Ordinance 94.53 by striking through sections C & D, and that the Village Council re-zone the lot at 314 Walnut Creek Drive from residential to Institutional Government.
The Planning Board was thanked for their time and released by the Mayor.
Councilman Shaw moved to re-zone the lot located at 314 Walnut Creek Drive from residential (R-25) to Institutional Government. The motion passed unanimously.
Councilman Ricker moved to strike section C & D of Ordinance 94.53. The motion passed unanimously.
Mr. Cook stated that he would be going to the LGC in Raleigh on Friday December 3rd, to hand deliver the remaining documents for their meeting on Tuesday for approval to use a commercial loan to fund the lift station project.
Ms. Geelen briefed the council that the two residents that still had not paid their 2009 property taxes were being handled by Will Spicer at Phil Baddour’s office. Approximately 21.15 % of the 2010 property taxes had been collected to date.
Police Report – Chief Ken Barrett
Chief Barrett reported that we have had one situation in the village where some jewelry was taken and the Walnut Creek Police Department is currently working with the Sheriff’s Department on the investigation. He also mentioned that the new law that states you cannot cover up the perimeter of your license plate with trim that covers any pertinent information went in effect today (December 1st 2010). There is a $100 fine if you are stopped for this violation.
Council Minutes, Page Four
December 1st, 2010
Russ Prys: Planning Board;
Councilman Prys stated that the Planning Board requested that Mayor Horne appoint members of the Council as liaisons for the second phase of the Road Map initiatives. Councilman Prys suggested possibly switching Councilman Ricker from Roads and Recreation Area to Architectural and Councilman Shaw from Architectural to Roads and Recreation area, as he is already over Village Owned Property. Mayor Horne agreed that it was a good change and kept the other Council member as liaisons in their same areas as before.
Greg Ricker: Water & Sewer – Investment Committee & Audit Committee
Councilman Ricker reported that he had nothing from the audit committee, but that Murray Porter had resigned his position on the Audit Committee due to the fact that he was moving out of Walnut Creek. Councilman Ricker asked the other board members to be thinking of possible replacements for him. Regarding water and sewer, he reiterated that the bids to replace the lift stations were opened on November 30th and again the bids were lower that originally anticipated by Cox-Edwards. We also received fair interest rates from the bank, Mr. Cook will be getting the rest of the paperwork to LGC by Friday, and once the easement issues to work out hopefully we can get the project started.
Danny Jackson: Lake Committee, Police Commissioner, Cable
Mayor Pro-Tem Jackson reported on a letter that he had received from Suddenlink stating that their rate was going up effective December 7th, 2010. The Lake Committee is recommending lowering the lake this winter so residents can do maintenance to retaining walls and other projects. Based on weather the goal is to begin lowering the lake on January 3rd, 2011, and have it filled back up to level by February 15th 2011. Mayor Pro-Tem Jackson moved to begin lowering the lake on January 3rd 2011 and have it filled no later than February 15th 2011. The motion passed unanimously.
Tom Shaw: Webmaster, Village Owned Properties & Equipment
Councilman Shaw reported that Cox-Edwards put out bids for our priority paving project and had a low bid of $38,938.80. The winning bid was lower that originally projected so Councilman Shaw then went back to Cox-Edwards had them prepare a change order to see if we could get some other areas done as well. With the change order the total came out to $108,000.00. Since there is only $152,000.00 in the Powell Bill Account, they backed off from the change order and picked three projects that are the most in need of being done. That new change order came to $28,293.82 for a grand total of $67,222.62. Weather permitting the project should begin with in a week or so. Councilman Shaw moved that the council approve the additional $28,293.82 for the change order that will come out of the Powell Bill Account. The motion passed unanimously.
Mayor Horne stated that there were three items under old business. The first is the approval of the Road Map Update provided by the Planning Board. Councilman Prys moved that the council approve the Update to the Road Map 2018, the motion passed unanimously.
Council Minutes, Page Five
December 1st, 2010
The second item is a resolution on the code of ethics. Mayor Pro-Tem Jackson moved to adopt the Code of Ethics Resolution. After discussion, the motion passed unanimously.
The third old business is the proposal to pass a Dog Ordinance. After some discussion, Mayor Horne asked Mayor Pro-Tem Jackson and Councilman Ricker to be a two person committee and bring back a proposed ordinance for the council to review at the next meeting.
Mayor Horne stated he asked Mr. Cook to put the budget on the agenda for several reasons. Mayor Horne pointed out that at the end of the month the Village will be half way through the fiscal year. He asked that the Village staff get the 6 month numbers together and get them to the council members so they can get started on the budget for Fiscal Year 2011-2012. He also asked Councilman Prys to be a committee of one to look into the cost of Insurance for the Village.
Mr. Cook announced that the Mayor submitted former chairman of the Planning Board, Stoney Sloan, for the Eastern Carolina Council Local Leadership Award and Mr. Sloan won the award. Mr. Sloan will be receiving that award on December 9th 2010 in New Bern.
Attorney Baddour has reviewed a packet about signing a Municipal Agreement with the Village and Department of Transportation and has determined it is a great agreement. Mayor Pro-Tem Jackson moved that the council approve the Mayor to sign the agreement with the DOT, the motion passed unanimously.
The final order of new business is that A.C. Schultes of Carolina, Inc. was the successful bidder on the lift station project. Councilman Ricker moved to award the lift station project to A.C. Schultes of Carolina, Inc. After some discussion the motion passed unanimously.
Mayor Pro-Tem Jackson moved the council go into closed session to discuss a legal matter with the Village Attorney. The motion passed unanimously.
There being no further business to bring before the Council, the meeting was adjourned.
Clerk, Sharon Geelen Mayor C. Darrell Horne