) STOKES COUNTY GOVERNMENT COUNTY OF STOKES )
DANBURY, NORTH CAROLINA ) FEBRUARY 1, 2005
STATE OF NORTH
CAROLINA ) OFFICE OF THE COMMISSIONERS
The Board of Commissioners of the County of
Stokes, State of North Carolina, met in regular session (Planning) in the
Council Chambers of the Ronald Wilson Reagan Memorial Building (Administrative
Building), located in Danbury, North Carolina, on Tuesday, February 1, 2005 at
7:00 pm with the following members present:
Chairman
John Turpin
Vice-Chairman
Leon Inman
Commissioner Sandy McHugh
Commissioner Joe Turpin
Commissioner
Jimmy Walker
County
Manager Richard Morris
County
Attorney Jonathan Jordan
Clerk
to the Board Darlene Bullins
Chairman John Turpin called the meeting to order.
Planning Director David Sudderth delivered the invocation.
Chairman John Turpin opened the meeting by
inviting the citizens in attendance to join the Board with the Pledge of
Allegiance.
Special Use Permit #163 – 199 ft
Telecommunication Tower
Cingular Wireless LLC - Chelsea Drive
Zoning Text Amendments
Chairman John Turpin called the Public
Hearing for Special Use Permit #163 – 199 ft Telecommunication Tower - Cingular
Wireless LLC - Chelsea Drive and Zoning Text Amendments to order.
There were no public comments.
Chairman John Turpin closed the Public
Hearing.
Planning Director David
Sudderth presented the Special Use Permit Request for the construction of a 199
ft monopole telecommunication tower – site owner – Norman and Debbie Bevill –
applicant – Cingular Wireless LLC.
Special Use Permit
(199 ft. Telecommunication Tower)
REQUEST:
Cingular Wireless is requesting a Special
Use permit for the construction of a 199 ft. monopole telecommunication tower.
SITE
OWNER:
Norman & Debbie Bevill
APPLICANT: Cingular
Wireless L.L.C.
INITIAL SERVICE PROVIDER:
Cingular
SITE
LOCATION:
The property is located at 1050 Chelsea Drive off of NC
Hwy 8 in the Germanton area.
Map: 693202
Parcel: 9574 PIN #: 6932-02-76-9574
Deed
Book: 328 Page: 959 Township: Meadows
SITE INFORMATION:
PARCEL
SIZE: Total tract 29.44 acres
PROPOSED LEASE LOT: .23
acres, 10,000 sq. ft. (100 ft. x 100 ft.)
PROPOSED TOWER HEIGHT: 199
FT. (195 ft. tower, 4 ft. lightning rod)
PROPOSED TOWER TYPE: Self
supporting monopole
CAPACITY: (6)
Antennae arrays
ZONING
DISTRICT: RA (Residential Agricultural)
FLOOD
HAZARD AREA: Not located in flood hazard area.
FIRM
MAP #: 370362 0150 B
FIRM
MAP ZONE: Zone X - Area outside 500-year floodplain.
WATERSHED
DISTRICT: N/A
EMERGENCY
SERVICES: South Stokes VFD, EMS - Station # 102
Walnut Cove.
ACCESS: Access for the
site will be from a 20 ft. easement beginning at the end of an existing 30 ft.
access easement that begins at NC Hwy 8 and is identified as Chelsea Dr. a
private road. The new 20 ft. easement terminates at the leased area. The access
easement lies within the properties owned by Kevin Bevill, (6932-02-76-1690)
and Norman and Debbie Bevill, (6932-02-76-9574).
STAFF
COMMENTS: The proposed site meets the requirements as set forth in appendix B of
the zoning ordinance. Trigon Engineering has given us a letter of approval
stating that the applicants have fulfilled the technical requirements of the
ordinance. A staff review of the application and site concur with Trigon’s
recommendation. The zoning requirements for issuing a special use permit are:
Planning Director Sudderth noted that there
had been no calls concerning this Special
Use Permit Request.
The following
representative from Cingular Wireless, LLC spoke to the Board:
1117 Hillsborough
Street
Raleigh, NC 27603
Mr. Lewis
presented each Board member with a booklet pertaining to information in support
of the Application for Special Use Permit for a Telecommunication Tower Site
Chelsea Drive, Germanton, NC.
Mr. Lewis spoke on the following
issues:
§
Special Use
Permit Application
§
Applicant’s
Project Narrative and Statement of Compliance with the Stokes County Zoning
Ordinance
§
Site Plans
§
Area Maps
§
Photo
Stimulations – Balloon Test
§
RF Engineer’s
Certification of RJ Justification
(A copy of the
presentation booklet will be maintained in the Clerk’s office and thePlanning
Department)
Planning Director
Sudderth reviewed the following with the Board:
136.9 Conditions and Guarantees
Prior
to the granting of any special use, the Planning Board may recommend, and the
responsible body may stipulate, such conditions and restrictions upon the
establishment, location, reconstruction, maintenance, and operation of the
special use as it deemed necessary for the protection of the public interest
and to secure compliance with the standards and requirements specified in
Subsection 136.5 above. In all cases in
which special uses are granted, the responsible body shall require such
evidence and guarantees as it may deem necessary as proof that the conditions
stipulated are being met. Conditions
may include, but not limited to, the following:
(a) Conditions may be imposed to abate or
restrict noise, smoke, dust, or other elements that may affect surrounding
properties.
(b) Establish setback, side, front, and rear
yard requirements necessary for orderly expansion and to prevent traffic
congestion.
c) Provide adjoining property with a buffer
or shield from view of the proposed use if necessary.
(d) Establish a time limit at expiration of
which the permit or approval shall no longer be valid, or shall require
renewal.
PLANNING BOARD
RECOMMENDATION: The Planning Board recommended approval of the Special Use
Permit by a vote of 8 to 0.
136.1 Intent of Special Use District
The development and execution of this
Ordinance is based upon the division of the County’s jurisdiction into
districts where the use of the land and buildings and structures in relation to
the land are substantially uniform. It is understood that certain uses which
because of their unique characteristics, are not easily classified into any
particular zoning district or districts. In this situation, individual
consideration for each case must be taken to determine the impact of those uses
upon surrounding land and the public need for that particular use in that
specific location. In these situations, a special use permit must be obtained.
BOARD ACTION REQUIRES THE FOLLOWING FOR ISSUING SPECIAL USE PERMITS.
The Board must respond and vote on each of
the following items concerning the issuance of a Special Use Permit.
Planning Director Sudderth requested the
Board’s approval for the following special use permit requirements:
136.8 Action by the Responsible Body
The
responsible body shall approve, modify, or deny the application for special use
following the public hearing. In
granting a special use, the responsible body shall insure:
(a) The
requested use is listed among the special uses in the district for which
application is made. (5-0)
(b) The requested use is essential or desirable
to the public convenience or welfare. (5-0)
(c) The requested use will not impair the
integrity or character of the surrounding or adjoining districts, nor be
detrimental to the health, morals, or welfare. (5-0)
(d) Due consideration has been given to the
suitability of the property for the use applied for with respect to trends of
growth or change; the effect of the proposed use upon the community;
requirements for transportation, schools, parks, playgrounds, recreational
area, conservation of natural resources, preservation of floodplains, and
encouraging the most appropriate use of the land. (5-0)
(e) Adequate utilities, access roads, drainage,
sanitation and/or other necessary facilities have been or are being provided.
(5-0)
(f) That adequate measures have been or will
be taken to provide ingress and egress so designed as to minimize traffic
congestion in the public streets. (5-0)
Chairman John Turpin entertained a motion
to approve the Special Use Permit Request for the construction of a 199 ft.
monopole telecommunication tower – site owner – Norman and Debbie Bevill –
applicant – Cingular Wireless LLC.
Commissioner McHugh moved to approve the
Special Use Permit Request for the construction of a 199 ft. monopole
telecommunication tower – site owner – Norman and Debbie Bevill – applicant –
Cingular Wireless LLC.
Commissioner Walker seconded and the motion
carried unanimously.
Planning Director David Sudderth stated that the Wireless
Telecommunication Facilities Requirements, (Appendix B) have been in effect for
over two years. A periodic review of this section has indicated a need to add
additional requirements in one area and additional wording in some sections for
clarity. County Attorney Jonathan Jordan has
reviewed the text proposals and stated that
he has no problems with them.
Planning Director David Sudderth requested
the approval of the following amendment:
Amend Stokes County Zoning Ordinance
Appendix B (Wireless Telecommunication Facilities Requirements) the following
Sections:
Definitions:
Special Use Permit for Co-location: Means the official document or
permit by which an Applicant is allowed to use existing Wireless
Telecommunications Facilities for co-location purposes as granted or issued by
the County. This is an administrative procedure not requiring Board action.
PLANNING BOARD
RECOMMENDATION:
Approved: Yes
Vote: 8 to 0
Chairman John Turpin entertained a motion
to amend the following zoning text amendments:
Amend Stokes County Zoning Ordinance
Appendix B (Wireless Telecommunication Facilities Requirements) the following
Sections:
Definitions:
Special Use Permit for Co-location: Means the official document or
permit by which an Applicant is allowed to use existing Wireless
Telecommunications Facilities for co-location purposes as granted or issued by
the County. This is an administrative procedure not requiring Board action.
Commissioner McHugh moved to approve the
motion to amend following zoning text amendments:
Amend Stokes County Zoning Ordinance Appendix
B (Wireless Telecommunication Facilities Requirements) the following Sections:
Definitions:
Special Use Permit for Co-location: Means the official document or
permit by which an Applicant is allowed to use existing Wireless
Telecommunications Facilities for co-location purposes as granted or issued by
the County. This is an administrative procedure not requiring Board action.
Commissioner Joe Turpin seconded and the
motion carried unanimously.
Planning Director David Sudderth requested
the approval of the following amendment:
Special Use Permit Application and Other
Requirements, Section Y: to add the following. “ If the applicant fails to complete the application process within one
year from the date of the initial balloon test, there shall be another balloon
test required to be scheduled and performed prior to the public meeting and
hearing”.
PLANNING BOARD
RECOMMENDATION:
Approved: Yes
Vote: 8 to 0
Chairman John Turpin entertained a motion
to amend the following zoning text amendments:
Special Use Permit Application and Other
Requirements, Section Y: to add the following. “ If the applicant fails to complete the application process within
one year from the date of the initial balloon test, there shall be another
balloon test required to be scheduled and performed prior to the public meeting
and hearing”.
Commissioner McHugh moved to approve the
motion to amend following zoning text amendments:
Special Use Permit Application and Other
Requirements, Section Y: to add the following. “ If the applicant fails to complete the application process within
one year from the date of the initial balloon test, there shall be another
balloon test required to be scheduled and performed prior to the public meeting
and hearing”.
Commissioner Joe Turpin
seconded and the motion carried unanimously.
Planning Director David Sudderth requested
the approval of the following amendment:
Action on an Application for a Special Use
Permit for Wireless Telecommunications Facilities: Add the following after “not
requiring Board action”, “and will be
considered a Special Use permit for Co-location”.
PLANNING BOARD
RECOMMENDATION:
Approved:
Yes
Vote: 8 to 0
Chairman John Turpin entertained a motion
to amend the following zoning text amendments:
Action on an Application for a Special Use
Permit for Wireless Telecommunications
Facilities: Add the following after “not requiring
Board action”, “and will be considered
a Special Use permit for Co-location”.
Commissioner McHugh moved to approve the
motion to amend following zoning text amendments:
Action on an Application for a Special Use
Permit for Wireless Telecommunications
Facilities: Add the following after “not requiring
Board action”, “and will be
considered a Special Use permit for Co-location”.
Vice Chairman Inman
seconded and the motion carried unanimously.
Planning Director David Sudderth requested
the approval of the following amendment:
Performance Security: Add the following
after $75,000.00 “for new tower
construction and $25,000.00 for co-location construction”.
PLANNING BOARD
RECOMMENDATION:
Approved: Yes
Vote: 8 to 0
Chairman John Turpin entertained a motion
to amend the following zoning text amendments:
Performance Security: Add the following
after $75,000.00 “for new tower
construction and $25,000.00 for co-location construction”.
Vice Chairman Inman moved to amend the
following zoning text amendments:
Performance Security: Add the following
after $75,000.00 “for new tower
construction and $25,000.00 for co-location construction”.
Commissioner Walker seconded and the motion
carried unanimously.
Chairman John Turpin requested information
from Director Sudderth pertaining to the department’s regulations concerning
formal complaints being given to the Planning Department by anonymous
individuals refusing to identify themselves.
Director Sudderth noted that currently the
Department does not have a formal policy which requires individuals who make a
complaint to identify themselves.
The Board discussed the time and funds
(gas) being spent on false complaints.
Chairman John Turpin requested Director
Sudderth to obtain information from surrounding counties pertaining to this
issue.
There were no public comments.
GENERAL GOVERNMENT – GOVERNING BODY –
PROPOSED MEDICAID RESOLUTION SUPPORTING STATE ASSUMPTION OF COUNTY SHARE OF
MEDICAID
County Manager Rick Morris submitted the
following proposed Medicaid Resolution Supporting State Assumption of County
Share of Medicaid as requested at the January 24th:
MEDICAID RESOLUTION
SUPPORTING STATE ASSUMPTION OF COUNTY SHARE OF MEDICAID
WHEREAS,
Stokes County budgeted $1,700,000 (or) 5.56%
of its expenditures for services to Medicaid eligible citizens for fiscal year
2004/05; and
WHEREAS,
the counties share of Medicaid reimbursements has
increased over 67 per cent in the last five years and now totals approximately
$440 million; and
WHEREAS, Stokes County’s
Medicaid reimbursements have increased 21.6% over the last five years; and
WHEREAS,
North Carolina is one of only two states in the nation
that require counties to pay a share of all Medicaid services costs; and
WHEREAS,
in Stokes County, average monthly client base is 4,512 or approximately
10% of estimated Stokes County population; and
WHEREAS,
the Stokes County’s budget for Medicaid expenditures equates to $36.96 per
capita; and
NOW, THEREFORE,
BE IT RESOLVED that the Stokes County Board of Commissioners
urges the North Carolina General Assembly to provide immediate Medicaid relief
to Stokes County.
FURTHER BE IT
RESOLVED that copies of this resolution be
transmitted to the members of the General Assembly representing Stokes County.
Adopted this the 1st day of February,
2005.
_________________________________
John
Turpin
Chairman
_______________________
Darlene Bullins
Clerk to the
Board
GENERAL GOVERNMENT – GOVERNING BODY-
APPOINTMENT OF ETJ PLANNING BOARD – TOWN OF WALNUT COVE
Clerk to the Board Darlene Bullins informed
the Board of appointments needed for the Town of Walnut Cove – Planning Board –
ETJ with advertisements being placed in the local paper.
Clerk to the Board Bullins presented the
following individuals who have expressed interest in serving on the Town of
Walnut Cove – Planning Board as an ETJ representative:
Clerk to the Board Bullins stated that C.
Arzell Montgomery and Kevin Walker served as regular members and Dianne Coffill
served as an alternate.
Commissioner McHugh nominated the following
for consideration as appointments to the Town of Walnut Cove –Planning Board as
an ETJ representative:
Chairman Elwood Mabe, Walnut Cove Planning
Board, requested that appointments be staggered as follows: member (3 year term); member (2 year term);
and alternate member (2 year term) to avoid terms expiring at the same time.
A Public Hearing will be held at the
February 14th meeting in order for individuals to express interest
in serving on the Town of Walnut Cove –Planning Board as an ETJ representative.
Chairman John Turpin entertained a motion
to enter into closed session for the following:
To consult with the county attorney or
another attorney employed or retained by the county in order to preserve the
attorney-client privilege pursuant to GS 143-318.11(a)(3).
To consider and take action with respect to
the position to be taken by the county in negotiating the amount of
compensation or other material terms of an employment contract pursuant to GS
143-318.11(a)(5).
Commissioner McHugh moved to enter into closed session to:
To consult with the county attorney or another attorney employed or retained by
the county in order to preserve the attorney-client privilege pursuant to
GS 143-318.11(a)(3).
To consider and take action with respect to the position to be taken by the county in negotiating the amount of compensation or other material terms of an employment contract pursuant to GS 143-318.11(a)(5).
Commissioner Joe Turpin seconded and the motion carried unanimously.
The Board returned to the regular session
of the February 1st meeting.
GENERAL GOVERNMENT – GOVERNING BODY – DUKE
POWER –QUESTIONABLE LATE PAYMENT – PROPERTY TAX
Commissioner McHugh moved to approve on the
advice of the county attorney and given
that proof was provided by Duke Power, the County Tax Department accept as
proof the documentation sent to them
that Duke Power’s bill was paid in a timely fashion and that the County make no
further attempts to collect any late fees that are not due because it was
paid on time.
Vice Chairman Inman seconded and the motion
carried 3-2 with Chairman John Turpin and Commissioner Joe Turpin voting
against the motion.
Chairman John Turpin entertained a motion
for the contract for legal services.
Commissioner McHugh moved to approve the
contract for legal services with the County Attorney, Jonathan Jordan,
beginning March 1, 2005.
Vice Chairman Inman seconded and the motion
carried unanimously.
(A copy of the contract will be
maintained in the Attorney’s office and Clerk to the Board’s office.)
There being no further business to come
before the Board, Chairman John Turpin entertained a motion to adjourn the
meeting.
Vice Chairman Inman moved to adjourn the
meeting.
Commissioner Joe Turpin seconded and the
motion carried unanimously.
_________________________
_____________________________
Clerk to the Board Chairman