town of wentworth minutes€¦ · town of wentworth council meeting minutes – september 3, 2013...

Town of Wentworth Council Meeting Minutes – September 3, 2013 of 30

The regular monthly meeting of the Wentworth Town Council was held on Tuesday, September 3, 2013, at the Wentworth Town Hall at 7:00 p.m. Council Members Present: Mayor Dennis Paschal Jr., Mayor Pro Tem Evelyn Conner,

Robert Aswell, Dennis Paschal III, Iris Powell

A quorum was present.

Staff Present: George Murphy, Town Administrator

Yvonne Russell, Town Clerk & Finance Officer Others Present: Pat Kane, Attorney – Smith Moore Leatherwood

Lucas Carter, Planner – Rockingham County

Tonya Caddle, Director – Rockingham Co. Planning Dept.

Dave Pokela – Nexen Pruett, PLLC Graham Herring – Graham Herring Commercial Real Estate

Atavious Burt – RF Design Engineer at LCC

Article I. Call to Order

Mayor Paschal called the meeting to order.

Article II. Invocation

Mayor Paschal gave the invocation.

Article III. Approval of Agenda

A. Requests and Petitions of Citizens Mayor Paschal noted that the following people signed the speaker register for the public hearing: Dave Pokela, Graham Herring, and Atavious Burt. Mayor Paschal made a MOTION to add the aforementioned people to the agenda under Article V., item A, Public Hearing. Councilman Paschal III seconded the motion. All voted in favor and the motion carried.

TOWN OF WENTWORTH

MINUTES OF

THE TOWN COUNCIL MEETING

WENTWORTH, NORTH CAROLINA

September 3, 2013

7:00 p.m.


Article III. Approval of Agenda (continued)

B. Approve/ Amend Agenda

Mayor Paschal made a MOTION to approve the agenda as amended.

Councilman Aswell seconded the motion. All voted in favor and the motion carried.

Article IV. Approval of Minutes for August 6, 2013

Councilwoman Powell made a MOTION to accept the minutes as written. Councilman Aswell seconded the motion. All voted in favor and the motion

carried. The Town Clerk reminded Mayor Paschal that a Resolution in support of Big

Sweep Week needed to be added to the agenda. Mayor Paschal made a MOTION, “To add the Resolution of Town Council of

Wentworth Declaring September 28 – October 5, 2013 as Rockingham County Big Sweep Week to the agenda under Article VI, New Business, as item C”.

Mayor Pro Tem Conner seconded the motion. All voted in favor and the motion

carried.

Article V. Public Hearing

A. Case #W2013-01 – A request for a Special Use Permit for a Cellular Telecommunications Tower

Applicant: Nexsen Pruet, PLLC for American Towers, LLC Identification: The property is identified as Tax PIN 7966-00-86-2137 …………………………………………….…….……Lucas Carter, Planner

Mayor Paschal called the Public Hearing to order. After reading the case description, he asked Lucas Carter to present the Staff Report. Mr. Carter read the case description and said he would like to discuss the proper way to make a motion for this agenda item before continuing with the Staff Report. Mr. Carter referred to the approval and denial worksheets following the Staff Report and explained how to use these worksheets to form a motion.

Mr. Carter reviewed the Staff Report, including the Staff Findings and the five (5) conditions recommended by Atlantic Technology Consultants, a consulting company that Rockingham County uses to review telecommunications tower applications. (Note: The Staff Report for Case #W2013-01 is herein incorporated and made a

part of these minutes.)


Mr. Carter mentioned a few issues that were brought up at the Wentworth Planning Board meeting on August 20th. The first issue concerned possible run- off from the site into Rock House creek. Mr. Carter explained, “If any grading or erosion over one acre takes place, the State would have regulation powers over that. There is nothing in the Wentworth Zoning Ordinance that would address that, and nothing that would give us the authority to look at water run-off from the site. Also, any other place that you look at in the ordinance that addresses streams and their buffers, it says that the maximum that we can require is a fifty (50) foot undisturbed vegetative buffer off a creek. If you reference your site plan that was submitted by the applicant, you will notice that it is well away from the creek. I’m not going to venture a guess at the distance, but its well beyond fifty (50) feet.” He added, “It’s also located outside of the floodplain.” Other issues discussed at the Planning Board meeting were the height of the proposed tower and whether or not the tower would be in the direct flight path of Shiloh Airport. Mr. Carter explained, “The Rockingham County Zoning Ordinance does have an Airport Safety Hazard Zone and it does not include this property. The Wentworth ordinance does not have anything that addresses the airport, frankly because it’s so far away from the Wentworth boundaries that it is not impacted by the Airport Safety Hazard Zone. That is also not something that we would regulate…because it’s outside of the safety area that there is any concern over…” He continued, “This application does have to go to the FAA for approval and they will look at certain things like lighting.” This site will have to be approved by NCDOT for the driveway entrance and among others also FAA for the lighting of the tower and how tall it is in relation to the airport itself”. Mr. Carter said the applicant can reference the questions about the height of the proposed tower relative to the ridge line on Foch Farm Road and the level of cellular service that would reach Butter Road in the proposal that they will present to Council. Councilwoman Powell asked Mr. Carter to explain the condition for approval that states “Approval and recommendations of Section 106 Historic Review by SHPO of North Carolina”. Mr. Carter replied, “Every project that is either paid for by federal monies or has to go through some type of federal review process, some type of permit on the federal level, has to go through that Historic Review”.


Councilman Paschal III asked if there would only be a driveway access installed and not an actual road. Mr. Carter answered, “It will not be a road in the sense that NC65 is a road. It would be a road a little more substantial than what is there now and probably more than a normal gravel driveway.” Councilman Paschal III asked Mr. Carter how much traffic he anticipates will be on that access. Mr. Carter said the applicant will be able to answer questions about how many visits they anticipate there will be to the tower site. There were no further questions for Mr. Carter. Mayor Paschal thanked him for his report and asked to applicant to begin their presentation. Dave Pokela, an attorney from Nexsen Preut, PLLC representing American Towers, introduced himself to Council. Mr. Pokela noted that Graham Herring and Atavious Burt were here with him to answer questions that he could not. He also distributed a hard copy of his power point presentation and an Impact Statement from Graham Herring of Graham Herring Commercial Real Estate. To demonstrate how the demand for data transmission has changed the cell phone industry and increased the need for more telecommunications towers, Mr.

Pokela narrated the following Power Point presentation:


(Figure 1)


(Figure 2)


(Figure 3)


(Figure 4)


(Figure 5)

Mr. Pokela said this slide should give viewers a sense of where the proposed site is located. He explained that the proposed site is in the middle of the red circle and the surrounding roads are labeled.


(Figure 6)

Mr. Pokela said this is an aerial view of the same map in Figure 5.


(Figure 7)

Mr. Pokela said this slide shows an aerial view of the entire parcel on which the proposed tower would be located.


(Figure 8)

Mr. Pokela said this slide shows the latitude/longitude location of the proposed tower.


(Figure 9)

Mr. Pokela explained that this slide represents a simulation of what the proposed tower would look like from Settle Bridge Road.


(Figure 10)

Mr. Pokela explained the following information about the slide shown above:

▪ The slide above shows the current signal levels around the proposed site. The proposed site is designated by a red x which is located in the light blue signal level area.

▪ In the red signal level areas you can expect to receive a reliable signal in a commercial structure.

▪ In the yellow signal level areas you can expect to receive a reliable signal in a residential structure.

▪ In the green signal level areas you can expect to receive a reliable signal in an automobile.

▪ In the light blue and dark blue signal levels you may or may not receive a signal outside.


(Figure 11)

Mr. Pokela said that the slide above shows the signal strengths to be expected once the proposed tower is installed. Mayor Paschal asked for a calculation of how far coverage would extend from the tower. Atavious Burt, RF Design Engineer, pointed to the red area around the proposed tower site and said, “Coverage can go…one (1) mile with good coverage. He pointed to the yellow and green area around the proposed tower site and said, “If you stretch out a little bit more it includes a couple of miles…three (3) to four (4)…as the coverage goes out it will get weaker.” Pointing to the blue area around the proposed tower site, he explained, “Here you will not be able to make much of a call or you may not be able to download videos or look at email or things of that nature because the data output won’t be as high as in the red, yellow, and green…” Mayor Paschal asked, “What about zero (0) to four (4), somewhere in that neighborhood?” Mr. Burt replied, “Yes”. Councilman Paschal III asked if that was the average level of coverage for most towers. Mr. Burt said that the level of coverage depends on the height of the tower.


(Figure 7)

Mr. Pokela returned to the slide above in order to show where the proposed tower is located and what surrounds the proposed location. (Note: The Clerk has designated the area

Mr. Pokela pointed to with a red star.) He explained, “There is this long road, it’s way off of Highway 65 to get back in there, it’s surrounded by mature vegetation all around and it’s well shielded by all of that vegetation.”


(Figure 12)

Mr. Pokela described the above slide as, “A layout of the access easement getting to the site itself, the 275 feet radius lease space, and the 100’x100’ actual area where the tower is located”.


(Figure 13)

Mr. Pokela explained that this slide shows the 100’x100’ pad on which the tower will be located. He noted there will be an eight (8) foot fence around the perimeter, as well as an equipment shed and generator on the site. Councilman Paschal III asked Mr. Pokela if there have been instances of security risks around similar sites, such as people wandering up to and trying to climb a telecommunications tower. Mr. Pokela answered, “It’s nothing that I’ve heard of. I suppose it happens. Here, we have an eight (8) foot fence that has barbed wire on it, so if you want to get to it, you really want to get to it. I can’t say I’ve ever heard of a story of that happening but I can’t say it hasn’t been tried.”


(Figure 14)

Mr. Pokela described this slide is an elevation of what the tower would look like. He explained, “You’ve got a 250 foot tower. It’s designed so that you can have a total of six (6) antennas that can co-locate. You’ll have the original AT&T and then five (5) others that can co-locate there so you don’t have to build any other towers right in that immediate area.” Councilwoman Powell asked if the proposed tower would be taller than the existing tower that is located at the old courthouse, which is currently occupied by the Museum & Archives of Rockingham County.

Mr. Pokela replied, “I know there’s one at the courthouse and consideration was given as if to whether we could co-locate there and it was determined that wasn’t viable”. He continued, “I know that in the consultants report there is a discussion of the tower at the courthouse. The focus was, rather than build this tower, we could co-locate there and the consultant agreed that was not viable.”


Mr. Pokela addressed the Staff Findings and Recommendation to explain why the applicant feels that the Special Use Permit should be granted. He explained that the Location, Design and Operation maintains public health, safety, and welfare because, “This will increase the wireless data transmission to that particular area. One of the important things to recognize is that there is a high percentage of folks, that when they have the need to call 911, they’re doing it not in there home but they’re out remote somewhere, they’re using a cell phone. The better we can do at making cell service in all locations…to enhance everyone’s ability to use 911 is something that is benefitting the community. The setbacks are established so that there is no harm to anyone from a risk of the tower falling.”

Mr. Pokela explained that the proposed tower will be in Compliance with required regulations and ordinance standards because, “The ordinance already insures that. The applicant, American Towers, is agreeable with the conditions that staff has read aloud tonight and informed us of before, so that’s not a problem.” Mr. Pokela explained that the Development is located, designed and operated to maintain value of contiguous property because, “It’s going to comply with the aesthetic requirements, there are no property lines within the setback, there’s natural screening from mature vegetation, and I’ve handed up Mr. Herring’s impact statement that talks about the factors as to why this doesn’t hurt the values of the properties around it.” He noted, “If anyone has questions about that, he is available to talk about that”. Mr. Pokela explained that the Use or development conforms with the Wentworth Land Use Plan because, “The agricultural and residential uses around there will be aided and supplemented by having this increased cell service and data transmission service around it, so it’s a use that actually complements that area.” Mr. Pokela concluded, “We are trying to meet a need that we’ve heard from the public and that we’ve determined by doing our own studies, and we respectfully request that the Special Use Permit be granted with the conditions that Mr. Carter has already alluded to.” Referring to the Technical Review by Atlantic Technology Consultants, Inc., Mayor Paschal asked how close is Co-location Candidate #2 to being overloaded, as stated on page 8 of the Technical Review. (Note: Page 8 of the Technical Review by Atlantic Technology Consultants, Inc. is herein incorporated and made a part of these minutes.)


Mr. Pokela turned to Mr. Burk and said, “Atavious, I don’t know if you know enough about that particular tower; you may be able to talk generally about overloading.”


Mr. Pokela, addressing Council, said, “He brings the engineering expertise to this. I might allow him to answer. I just can’t answer that specifically as to that tower, but he may be able to help.” Mr. Burk said, “I don’t know the overload capacity on that tower, but depending on the spacing, like what you see here, this represents different carriers on the tower. You may have AT&T, Verizon, and so forth.” (Note: Mr. Burk is pointing to the

top of the proposed tower shown on the last slide of the power point presentation.)

(Figure 14)

He continued, “There should be about fifteen (15) feet between an antenna from one carrier to the other. So, if it’s overloaded…you may have some shaking or some turbulence in the structure. If it’s going over capacity of the site, of the load that site can carry, then you’re going to have that fluctuation and you may have some damage to the structure itself because the site cannot withstand the load of the equipment that is on the tower.” Mayor Paschal said, “I was just wondering if you had any data to back up the statement there that it was going to be overloaded. That’s what I was looking for.”


Mr. Pokela replied, “What I would say about those two different towers that were considered, aside from the various factors that were mentioned in there, the distance is a critical factor here in that to serve that hole that we’ve identified as needing to be served, as illustrated by that before photo with all the blue, locating or co-locating on either of those two options really wouldn’t help us solve this problem that we can solve by placing this tower here.”

Mayor Paschal asked, “So the capacity had less to do with it than the location?”

Mr. Pokela answered, “Yes, I would say that is probably correct”.

Councilman Paschal III asked, “What is the wind resistance to these kinds of towers?” Mr. Burk replied, “Actually, I don’t know that. Whoever is going to construct the tower should have that information.”

Mr. Herring said the tower would be built to withstand the historical wind data that is applicable to this area. Mr. Carter added, “We are in a 90 mph zone, so everything that is constructed has to be constructed to withstand 90 mph winds”.

Councilman Paschal III asked Mr. Herring if he could give a brief statement about how the proposed tower would not have a negative affect on the surrounding properties.

Mr. Herring approached the podium and said, “My name is Graham Herring, 8052 Grey Oak Drive, Raleigh, North Carolina.” He asked Councilman Paschal III, “Did I understand your question, will it negatively impact the property values surrounding it?” Councilman Paschal III replied, “From what I glanced at in your statement it seems that you are saying that it won’t, but I haven’t really had the chance to read all of it.” Mr. Herring referred to the closing of his Impact Statement and said, “Moreover, this Telecommunications Facility, built as planned, will have no detrimental or injurious effect on the property values of the surrounding neighborhood or other improved or unimproved properties in the general vicinity. Finally, the nature of this location, with its separation from the residential arterials, Highway 65, Settle Bridge, Pannel Road…spotted residential to the south and unimproved areas and mixed uses nearby including the truck facility and muffler repair facility that is just south of the proposed site…heavily wooded and variable terrain, and the fact that this tower cannot be seen from Highway 65 which is your gateway, basically, into Wentworth…your scenic gateway. So there is no measurable, substantial, detrimental, negative affect on property values.” There were no further questions from Council.


Mayor Paschal made a MOTION, “To close the public hearing and move into open session”.

Councilman Paschal III seconded the motion. All voted in favor and the motion carried.

Mayor Paschal made a MOTION, “That we approve the request for a Special Use Permit based on:

1. The use or development is located, designed and proposed to be operated so as to maintain or promote the public health, safety and general welfare because it increases telecommunications coverage in order to comply with FCC regulations.

2. The use or development complies with all required regulations and standards of this ordinance and with all other applicable regulations because conditions of approval will ensure development proceeds in accordance with the site plan, and the 0.2% of impervious surface meets with the Dan River (Eden) Watershed specifications.

3. The applicant must only show that competent, material, and substantial evidence exists to support either 3a or 3b. Under 3a, the use or development is located, designed and proposed to be operated so as to maintain or enhance the value of contiguous property because there are no property lines or non-tower related structures within the fall zone of the proposed tower.

4. The use or development conforms to the general plans for the land use and development of the Town of Wentworth as embodied in the Planning & Zoning Ordinance and in the Land Use Plan because the tower compliments the rural active and passive agricultural uses and is low density.

Also, I would like to adopt the Consistency Statement for the Town’s Analysis of Approval that is required by NCGS 160A-382(b) and 160A-383.” Councilman Paschal III and Mayor Pro Tem Conner seconded the motion. All voted in favor and the motion carried.

Article VI. Old Business

A. Update on Community Building ……………………..…Town Administrator

Mr. Murphy reported the following:

▪ The asbestos abatement by Aleman Environmental Services, Inc. began on August 19, 2013 concluded on August 21, 2013.

▪ While removing the floor tile from the kitchen area, what was later described as “roofing paper” was discovered under the tile flooring. Ken Stafford of Alley, Williams, Carmen & King recommended that a Certified Industrial Hygienist test a sample of the material. The hygienist verbally confirmed that the material was roofing paper and had no asbestos content. The vast majority of roofing paper material was removed.


▪ Mr. Murphy replaced a screw-in type 30 amp fuse.

▪ Mr. Murphy would like to suggest that going forward this project should be referred to as the Wentworth Post Office Project.

▪ Applications for a straight rezoning, special use permit, and a variance have been made and will be considered by the Wentworth Planning Board on September 17, 2013. The Town Council should be able to consider the recommendation of the Planning Board for a straight rezoning at their October 1, 2013 meeting.

Article VI. Old Business

B. Consideration of Traffic - DOT Construction Agreement for Installation of a Flashing Signal at the Wentworth VFD……………….. Town Administrator

Mr. Murphy asked Council to table consideration of Article VI, Item B. and allow him to request the following language to be added to the Traffic-DOT Construction Agreement between NCDOT and the Town of Wentworth:

9. The Town of Wentworth is granted a reciprocal hold harmless provision where the North Carolina Department of Transportation (NCDOT) agrees to indemnify the Town of Wentworth for any negligence on the part of the NCDOT related to the construction or installation of the traffic signal.

10. In transferring ownership of the traffic signal located on NC 87 in front of the Wentworth Volunteer Fire Department Station, the NCDOT acknowledges that the signal and its components, at time of transfer, are free from defect in materials, programming, and installation.

Mayor Paschal made a MOTION, “That we table Item B under Old Business

until our next meeting on October 1, 2013”. Councilman Paschal III seconded the motion. All voted in favor and the motion

carried.

Article VII. New Business

A. Fiscal Year End 2013 Audit Report.........................................Rex Rouse, CPA

Mr. Rex Rouse presented the Fiscal Year End 2013 Audit Report for the Town of Wentworth. (Note: A copy of the 38 page Audit Report for the Town of Wentworth is on file

and available for public viewing in the Clerk’s office at the Wentworth Town Hall.)

Mr. Rouse referred to two letters attached to the audit report and read what he

said was the most important statement in the first letter, “We encountered no significant difficulties in dealing with management in performing and completing our audit”.


Referring to the second letter, Mr. Rouse said they included a statement

regarding internal controls which they have to include for all small towns. The statement reads: “Because of the limited number of personnel employed by the Town, it is not practical to have an adequate separation of duties. The same employee makes the deposits, posts cash receipts and disbursements to the general ledger, and reconciles the bank accounts. Although this is a material weakness in internal control, the internal controls for the disbursements are somewhat stronger because of budgetary controls and the independent dual signature check-signing requirement. Also, a council member reviews the bank statements and bank reconciliations. The weakness in internal control relative to receipts is greatly mitigated by the fact that nearly all of the receipts of the Town are directly deposited by the NC Department of Revenue.”

Mr. Rouse thanked Council for allowing him to perform the Town’s annual audit.

Mayor Paschal thanked Mr. Rouse for his report.


B. Wentworth Fee Schedule – Communication Tower-COLO Review ……………………………Tonya Caddle, Planning & Inspections Director

Ms. Tonya Caddle informed Council that the NC General Assembly recently passed Statute 160A-400.53. Collocation and eligible facilities requests of wireless support structures which states: “A city may impose a fee not to exceed one thousand dollars ($1,000) for technical consultation and the review of a collocation or eligible facilities request application. The fee must be based on the actual, direct, and reasonable administrative costs incurred for review, processing, and approval of a collocation application. The fee imposed by a city for review of the application may not be used for either of the following:

1. Travel expenses incurred in a third-party’s review of a collocation application.

2. Reimbursement for a consultant or other third party based on contingent fee basis or results-based arrangement.”

Councilman Paschal III made a MOTION, “That we set the fee schedule for

Communications Tower Collocation Review to one thousand dollars ($1,000)”.

Mayor Pro Tem Conner seconded the motion. All voted in favor and the

motion carried.


C. A Resolution of Town Council of Wentworth Declaring September 28 – October 5, 2013 as Rockingham County Big Sweep Week…..Mayor Paschal

Mayor Paschal noted that this item was added to the agenda and then read the resolution. (Note: A copy of the Resolution of Town Council of Wentworth Declaring September 28 – October 5, 2013 as Rockingham County Big Sweep Week is herein incorporated and made a part of these minutes.)


A RESOLUTION OF TOWN COUNCILOF WENTWORTH

DECLARING SEPTEMBER 28 – OCTOBER 5, 2013 AS

ROCKINGHAM COUNTY BIG SWEEP WEEK

WHEREAS, the Town of Wentworth and Rockingham County are rich in natural

resources and beauty; and

WHEREAS, water is a basic and essential need for all life; and,

WHEREAS, trash fouls our waterways as well as our landscapes; and,

WHEREAS, every citizen should contribute to keeping our environment clean and healthy

by working together to preserve clean water and the natural beauty of our surroundings;

and,

WHEREAS, North Carolina Big Sweep is a statewide community effort to retrieve trash

from North Carolina’s waterways and landscapes; and,

WHEREAS, during the past 26 years thousands of NC Big Sweep volunteers in

Rockingham County have removed over 500,000 pounds of debris from our county’s

environment, including tires, white goods and other solid waste; and,

WHEREAS, this Council wishes to help make this the most successful cleanup yet;

NOW, THEREFORE, BE IT RESOLVED that the Town Council of Wentworth, North

Carolina, meeting on September 3, 2013, does hereby declare SEPTEMBER 28 –

OCTOBER 5, 2013 as ROCKINGHAM COUNTY BIG SWEEP WEEK in Wentworth,

and does further hereby urge every citizen to do his or her part to restore the beauty and

function of our lakes and streams by volunteering to participate in the Big Sweep event.

In witness whereof I have hereunto set my hand and caused the seal of Wentworth to be

affixed.

___________________________________

R. Dennis Paschal Jr., Mayor

ATTEST:

____________________________________

Yvonne Russell, Clerk

S E A L

Mayor Paschal made a MOTION, “We adopt this resolution as written”. Mayor Pro Tem Conner seconded the motion. All voted in favor and the motion carried.


Article VIII. Public Comments

No one signed the speaker register other than the gentlemen who spoke during the public hearing.

Article IX. ANNOUNCEMENTS

Mayor Paschal made the following announcements.

- The next regular meeting of the Wentworth Planning Board is September 17, 2013, at 7pm in the Town Hall Council Chambers.

- The next regular meeting of the Wentworth Town Council is October 1, 2013, at 7pm in the Town Hall Council Chambers.

Article X. A D J O U R N

Mayor Paschal made a MOTION, “We adjourn”. Mayor Pro Tem Conner seconded the motion. All voted in favor and the meeting adjourned. NOTE: After the meeting adjourned, T. Butler informed the Council that something was left out of the Resolution of Town Council of Wentworth Declaring September 28 – October 5, 2013 as Rockingham County Big Sweep Week. She said the Dan River Basin Association has partnered with NC Big Sweep and Rockingham County Big Sweep to extend the clean up time an additional week. Rockingham County Clean Waters 2013 will take place September 21 – October 5, 2013. You can visit their website at www.rockinghamcountycleanwaters.org for more information.

Respectfully Submitted by:_____________________________

Yvonne Russell, Town Clerk

Approved by:_____________________________

Robert Dennis Paschal, Jr., Mayor

town of wentworth minutes€¦ · town of wentworth council meeting minutes – september 3, 2013...

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