Minutes 04.17.08

TOWN OF HEMBY BRIDGE ALDERMEN MEETING

MINUTES

7:00 PM, April 17, 2008

Town Hall, 5811 Indian Trail-Fairview Road

Present: Mayor Jim Simpson, Mayor Pro-tem Ron Gregory, Aldermen Chris Baker, John Miller, Johnny Lemmond,

Also Present: Cheryl Bennett, Town Clerk/Finance Officer; Cheri Clark, Tax Collector; Ken Swain, Town Attorney; and Citizens.

1. PLEDGE OF ALLEGIANCE AND INVOCATION

Mayor Simpson led the pledge of allegiance; which was followed by the invocation.

2. APPROVAL OF AGENDA

John Miller made a motion to approve the agenda; Chris Baker seconded the motion.

The motion was approved unanimously.

3. PRESENTATION BY REPRESENTATIVE FROM NC TURNPIKE AUTHORITY

Reid Simons from the NC Turnpike Authority and Carl Gibilaro, an engineer from NC DOT were present. The bypass and connector will be combined (21 miles), and all will be tolled. Current cost estimates are $584 million; it should be open to traffic in 2013. Tolls will be 12-15 cents per mile; no tollbooths will be used, it will use either sticker tags or transponders. Cost will be funded 70% by bonds, the rest from the Traffic Improvement Program or the NC General Assembly funding. They are doing impact studies now on the alternatives - on businesses, people, and environmental impact. They expect a final recommendation on which route to choose by the end of 2008; then there will be a 45 day public comment period. A slight adjustment has been made to segment 2, it now misses 6 existing businesses.

A question and answer period ensued.

Mayor Simpson asked about property tax revaluations- some went up, some down. Carl Gibilaro said it was nothing to do with them, it was the County, and suggested people appeal. When they acquire property, they will get appraised values, and make offers. Residents may make counter offers. After a certain time, it goes into eminent domain and a judge decides the price. Mr. J.W. Simpson noted values went down in the area of the road on the west side of Secrest Shortcut Road, and up on the east side.

Q: How will they assess?

A.: If you can show a similar home a half mile away is a certain price, you can show it as a comparable value.

Q: If you award the contract in December 2009, it will be 4 years later it opens?

A: It will be in multiple contracts and segments.

Q: Will local residents have a pass?

A: Frequent user passes and transponders could be discounted; it will be a commuter road, there are no exemptions for anyone.

Q: How do you pay with a transponder?

A: Like a cell phone, it will be based on the use of the road. Also will use video tolling – it captures a picture of the license plate, a notice and bill will be sent in the mail in two to three days. Out of state drivers will pay a higher toll if not registered.

Q: Will you be sending bills for just a couple of dollars?

A: There will be a little more than an 8-10% leakage rate. There will be a lot of marketing, it will be expensive in the first couple years; but feel it is cheaper in the long run than having toll booth expense and salaries.

Q: Will the bypass go over primary roads?

A: They will get guidance as to where to put bridges. On Indian Trail-Fairview Road they will determine which will be widened first to determine which goes on top.

Q: Will there be a fence on each side?

A: Yes, similar to Hwy. 74 towards the beach. It will be 300 feet across, wider at interchanges – as wide as 500-1,000 feet near interchanges.

Q: Will sound panels be used?

A: They look at the noise generated and receptors (homes). There are model federal and state guidelines on the cost per benefited receiver, of approximately $35,000 - $45,000 per house.

Q: What happens if you don’t pay the toll?

A: A notice of violation will be mailed in 30 days, with a $25 to $199 fine. They are working on legislation to withhold car registration for unpaid fines. This will only affect NC citizens; they are trying to work with other states.

Q: Won’t traffic bottleneck in Marshville – why not build it further?

A: This is the area designated from the State legislature; it may change in the future.

Q: Are there any other toll roads in the State?

A: There will be five, Raleigh, here, Garden Parkway, Bypass in Currituck, and Wilmington.

Q: Do tolls stay forever?

A: The tolls pay for maintenance for 40 years; after then the tolls are removed per legislation.

Q: If you have a surplus where will it go?

A: It will stay within the regional division.

Q: I have a half acre on Beverly Drive – looks like you would take part, could you take all?

Q: Could you send any proposed changes to the Town?

A: Check the website: they will also e-mail the Mayor.

Q: Any consideration to widen Fairview Indian Trail Road?

A: Bridges over those roads will be wide enough for future widening, they will widen near ramps. On the Road alternatives – the dark blue is segment 18A; it relocates 54 residents and has flood plain impacts. The green is segment 2, it relocates 76 businesses; they are still comparing the two.

Q: HembyBridge’s boundaries are small; will there be reimbursement to the town for loss of property tax revenues?

A: Not aware of any compensation. There is a pamphlet for homeowners that discusses relocation.

Q: When is the final date for a decision?

A: The final recommendation is December 2008, then public comments, the final decision is in October 2009.

Q: How long will you have before you have to move out?

A: It depends on whether you are the first or last to sell. You can stay until construction is to start.

Q: Will I be boxed in? I didn’t get a letter.

A: The Turnpike Authority last sent letters in November haven’t sent any letters recently. Indian Trail sent out letters and had a meeting.

Q: When you know where the road will be, will you know where access roads will be?

A: Yes, call them for specific locations as to whether it will affect you.

The road will run north of the church, and cross near the intersection. It will be south of town hall, and south of the substation.

4. PUBLIC COMMENT – none.

5. APPROVAL OF MINUTES OF MARCH 20, 2008

John Miller made a motion to approve the minutes of March 20, 2008; Chris Baker seconded the motion. Ron Gregory asked regarding Item 7 in the minutes. Johnny Lemmond asked if we should be doing the floor now. Ken Swain said you can make an un-allocation tonight.

The motion was passed unanimously.

6. FINANCE OFFICER’S MONTHLY REPORT

Cheryl Bennett reported as of March 31, 2008 year to date revenues are $81,403 and expenditures are $31,519. Year to date surplus is $49,883.

7. TAX COLLECTOR’S MONTHLY REPORT

Cheri Clark read a letter to the board regarding delinquent taxes on annexed properties; see attachment A. Annexations done in 2002 were approved by the Justice Department in March 2003, and went to Board of Elections in January 2003; however they were not recorded by the Register of Deeds until February 18, 2005. This creates a clerical error in billing these parcels, and G.S. 160A-29 was not followed correctly. Cheri Clark requested a waiver of interest and penalties through January 6, 2006, in accordance with guidance from Shea Denning at the School of Government, and Ken Swain; see attachment B. Ron Gregory made a motion to approve the petition to release the 2002, 2003 and 2004 penalties and interest on the properties listed in Attachment B. Mayor Simpson seconded the motion. Johnny Lemmond asked to be recused from the vote, and it was approved. The motion passed 4-0.

Two refunds were requested: Greenview Lawn for $4.29 for 2007 tax, and Sylvester Crowe for $24.56 relating to the annexation interest and penalties. Ron Gregory made a motion to approve the two refunds; Chris Baker seconded the motion. Johnny Lemmond recused himself from the vote. The motion passed 4-0.

Appreciation was expressed to Cheri Clark for her communication in this issue. There are still some that haven’t paid; she will send a modified letter because the interest starts at a different date than originally stated.

8. PUBLIC COMMENTS REGARDING TAXES – none.

9. ATTORNEY’S REPORT

John Miller said he took the contract to the contractor; now we need to fill in the blanks. Either Chris Baker or John Miller can sign as construction manager. The proposal will be Attachment A to the contract. There is a tax table, and affidavit for them to fill out. We will be sure to have a certificate of insurance on file.

10. DISCUSSION OF TOWN IMPROVEMENTS

John Miller had a sketch showing three 7 x 9 foot openings on the front of the building. Trim across the top leaves room if we need an awning. The door is shifted to the extreme right due to the floor being higher in the middle. It was asked if we still need a front door. Fire code may affect this; Johnny Lemmond asked if it would be safe since the side door opens to the driveway. Steve Williams at Indian Trail will provide glass at cost of $3800. On the roof brick we need a price; two people are coming in for prices. Bob Lisk gave a quote of around $9500 or two courses of brick for $5000. Ron Gregory made a motion to approve less than or equal to $10,000 for the front and back tying brickwork to the T’s. John Miller seconded the motion. The motion passed unanimously.

Ron Gregory had a picture of the new sign provided by Union Power. We have a box of letters to use, and four keys. We will need to hook it up to electricity at a future point.

We will prepare a thank you note to Union Power for all they have done.

The two front spotlights could be on motion detectors.

Chris Baker had information on fabric chairs. Two floor types were considered; one costs $9,000, one $7,000. Commercial carpet would be $2800; no pad. LakePark has carpet in their meeting room, it needs to be replaced but lasted 8 years. It should be durable for spills.

Ron Gregory reported he attended the Mayor’s meeting. Four towns will team up and split the meal cost for the September meeting on the third Thursday.

Chris Baker made a motion that Miller be authori8zed to sign the contract on behalf of the town for the construction. Johnny Lemmond seconded the motion. The motion passed unanimously.

Ron Gregory made a motion that on page 2 of the March minutes, Item 7, we remove the authorization of expending $2800 to Mitch Baker for work on the floor. Chris Baker seconded the motion. The motion passed unanimously.

Chris Baker made a motion that the Porter Ridge Art class paint the N.C. and town seals on the wall on Wednesday. Johnny Lemmond seconded the motion. Discussion was held. The motion failed, 4-1 (Baker voting yea).

Preference was for the seal to be painted on canvas or some other surface.

It was requested that a thank you letter be sent to Mr. McLainas well as Union Power.

11. ALDERMEN COMMENTS- none.

12. ADJOURN

Mayor Simpsonmade a motion to adjourn; John Miller seconded the motion.

The motion was approved unanimously.

The meeting was adjourned at 9:20 pm.

Respectfully submitted,

______

Cheryl Bennett, Town Clerk ______

Mayor Jim Simpson

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