minutes town of kernersville, n.c. regular meeting …

MINUTES OF THE BOARD OF ALDERMENTOWN OF KERNERSVILLE, N.C.

REGULAR MEETING 7:00 PM MAY 4, 2021

The Board of Aldermenof the Town of Kemersville met in regular session at 7:00 PM on the abovedate in the Municipal Council Chambers at the Municipal Building at 134 East Mountain Street.

Present:Mayor Dawn Morgan, Mayor Pro Tem Jenny Fulton, Aldermen Bruce Boyer, Kenny Crews, JoePinnix, and Chris Thompson.

Staff Present:Curtis Swisher, Town Manager; Keith Hooker, Town Clerk; John G. Wolfe, III, Town Attorney; TimSummers, Police Chief; Crystal Tanner, Human Resources Director; Ed Powell, Assistant TownAttorney; Jeff Hatling, Community Development Director; Scott Alderman, Fire Rescue Chief;Doran Maltba, Public Services Director; Franz Ader, Finance Director; Community DevelopmentManager, Will Mabe, Parks Maintenance Superintendent; Catherine Gamer, CommunityDevelopment Manager; and Adam I-Iutchins,Chief Information Officer.

- CALL TO ORDER

Mayor Morgan called the meeting to order at 7:08 PM.

- INVOCATION BY

° Reverend Rick Carter, Main Street United Methodist Church

Reverend Carter gave the invocation.

- PLEDGE OF ALLEGIANCE

Mayor Morgan led the Pledge of Allegiance and explained the public hearing process.

1 PUBLIC HEARINGS

A. PUBLIC HEARING: LKERNERSVILLEDEVELOPMENT PLAN)Curtis Swisher, Agent for the Town of Kernersville for consideration of an amendmentto the Kernersville Development Plan to amend the Land Use Plan from ()?ice and HighDensity Residential to Mixed Use for properties located at the southern terminus ofSalisbury Street at Salem Parkway, being all of PIN#’s 6886-10-3469, 6886-10-4376,6886-10-2279, 6885-19-3936, 688640-6487, 688640-7314, and 6886-10-6096 (inconjunction with K—5l8.Al). Zoning Docket KDP-55

173

A-1. Consideration of a resolution amending the Kemersville Development Plan.

Mr. Hatling explained the purpose of the amendment and the associated rezoning in item lB.

He said the amendment will apply to 7 parcels along Salisbury Streetjust south of Business 40.

He said that Staff and the Planning Board recommend approval of the resolution for the Land Use

Plan Amendment. He said the rezoning would be classi?ed as Residential Building, Urban

(Elderly) rather than Residential Building. Multifamily (Elderly Housing). He described the

amenities and architectural features for the project. He said the original submittal was for a 3—story

apartment. He said that the Development Review Committee determined that a 4-storry building

would be more appropriate for this site, which would change the rezoning classi?cation to

Residential Building. Urban (Elderly). He said that NCDOT stated the traffic generation of the

project does not warrant tum lanes. He said that Staff and the Planning Board recommend approval

of the rezoning.

Mr. Hatling said that Staff recommends approval ofa motion to amend the Zoning Ordinances of

the Town by rezoning the property in case K—5l8.Al from PB—Sto RMU-C. The said rezoning

being consistent with the Town’s Comprehensive Plan and further being both reasonable and in the

public interest due to the following facts:

0 The petitioner requested a Condition Use District rezoning allowing for a modification of

the streetyard requirements along Salisbury Street. The modification ensures that the

development addresses the Development Plan Goal of establishing Kemersville as a

“unique high quality community within the Triad” by providing a design alternative similar

in effect to that required by the UDO.0 The petitioner requested a Conditional Use District rezoning allowing a specific site plan to

be considered to address the unique character of the area and to ensure that adjacent

property owners are not negatively affected by the design and placement of the

development on the site.0 There is demand for multifamily housing, specifically those targeted to senior adults, to

keep pace with the changing demographics.

Approval of site plan with conditions.

Mr. Hatling noted that the Planning Board recommended approval as presented with the

recommendation to put a turn lane in on Salisbury Street with NCDOT approval. He said that Staff

met with NCDOT approval and that NCDOT confirmed the traffic volume and traffic speed in the

area do not warrant turn lanes.

Mayor Morgan declared the public hearing open for item 1A and 1B.

174

IN FAVOR:

Steve Sceranka, 4210 Sweet Gum Crossing, Charleston SC

Mr. Sceranka said that he believes this plan fits the site very well.

Steve Boone, 723 Bountv Sguare Drive, Charleston SC

Mr. Boone said that the NC Housing Authority showed that nearly 50% of senior adults in the areaare paying at least 35% of their monthly income for housing. He said there are many senior adultsin Kernersville who would love to live in this development.

Rav Krawiec 7030 Interlaken Drive, Kernersville NC

Mr. Krawiec thanked Mr. Hatling for his presentation. He asked for a unanimous vote of supportfrom the Board.

OPPOSED:

None.

Mayor Morgan declared the public hearing closed for items 1A and 1B.

Alderman Pinnix made a Motion to approve the resolution to amend the plan as presented by Staff.Alderman Thompson seconded the motion.

The Board voted 5-0 in favor of the resolution.

RESOLUTION NO. R-2021-14

RESOLUTION AMENDING THE KERNERSVILLE LAND USE PLAN

WHEREAS, the Town of Kernersville desires to have orderly growth to protect the health, safety,and welfare of its residents and businesses; and

WHEREAS, the Kemersville Deve/opmem Plan is the comprehensive plan for the community andcontains the community planning elements of land use; transportation; community appearance;historic preservation; parks & recreation; environmental; ?nancing of public improvements; and

WHEREAS, the Kernersville Development Plan has been duly adopted and amended; and

WHEREAS, community planning is a process that requires constant evaluation ofthe communitysituation and review of its plans; and

WHEREAS, land use planning can promote orderly growth and address traffic impacts; and

WHEREAS, the area around Salisbury Street and Lindsay Street currently has mix of uses of

childcare, church, single family, multifamily, office and vacant; and

WHEREAS, a Land Use Plan designation of Mixed Use would promote development and

redevelopment of the area;

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Board of Aldennen ofthe Town ofKernersville to hereby amend the Land Use Plan, contingent upon the approval of the rezoning case

K-58l.A1 by changing the tax parcels, PIN numbers 6886-10-3469, 6886—10—4376,688640-2279,688549-3936, 6886—10—6487,6886-10-7314, and 6886—l0—6096,land use designation from Officeand High Density Residential to Mixed Use with a description of:

- Salisbury Street / Lindsay Street: The Mixed Use designation is to promote developmentor redevelopment ofthe area into office, services, small retail, and multifamily.

Adopted this 4"‘day of May, 2021.

B. PUBLIC HEARINGJBEZONING)Steve Sceranka, Agent for Owners. Petitioner requests a Single-Phase Conditional Use

rezoning from PB—Sto RMU-C (Residential Multifamily Unrestricted — Conditional Use)

for property located at 904 Salisbury Street, containing a total of 3.19 +/- acres and beingall of PlN(s) 6885-19-3936. Uses Requested: ResiclenlialBuilding, Mi/lri/Zmzily(ElderlyHousing). Zoning Docket K-5l8.A1

B-1. Consideration of an ordinance rezoning said property.

Mr. I-latlinghad explained this item in conjunction with item 1A.

Alderman Pinnix made a Motion to approve the ordinance, site plan, and conditions as presentedby Staff.Alderman Thompson seconded the motion.

The Board voted 5-0 in favor ofthe ordinance.

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ORDINANCE NO. O-2021-14AN ORDINANCE AMENDING THE

KERNERSVILLE ZONING ORDINANCE AND THEOFFICIAL ZONING MAP OF THETOWN OF KERNERSVILLE, NC

BE IT ORDAINED by the Board of Aldermen of the Town of Kemersville as follows:

SECTION 1. The Kernersville Zoning Map be amended by changing from PB-S (PedestrianBusiness — Special Use District) to RMU-C (Residential Multifamily Unrestricted — ConditionalUse). Uses Requested: Residential Building, Urban (Elderly).

Approved for property located at 904 Salisbury Street, being all of PIN#(s) 6885-] 9-3936, containinga total of 3.19 +/—acres as recorded in the Office of the Register of Deeds, Forsyth County, NorthCarolina and being further described as follows:

BEING KNOWN AND DESIGNATED as property located at 904 Salisbury Street, being all ofPIN#(s) 6885-19-3936, containing a total of 3.19 +/—acres as recorded in the Of?ce of the Registerof Deeds, Forsyth County, North Carolina.

SECTION 2. This ordinance is adopted after approval of and upon condition of compliance with thesite plan entitled Kernersville Senior Apartments, identi?ed as “Exhibit A” of the Conditional UseDistrict issued by the Board of Aldermen the 4"‘day of May, 2021 to Steve Sceranka, BuckeyeCommunity Hope Foundation.

SECTION 3. The Board of Aldermen hereby directs the issuance of a Conditional Use Districtpursuant to Chapter 19 of the Town code for the Town of Kernersville. Said Conditional Use Districtattached hereto and incorporated herein.

SECTION 4. This Ordinance shall be effective from and after its adoption.

Adopted this the 4*“day of May, 2021.

177

CONDITIONAL USE DISTRICTIssued by

Board of Aldermen of the Town of Kemersville

The Board of Aldermen of the Town of Kemersville has issued a Conditional Use District for thesite shown on the site plan map included in this zoning petition of Steve Sceranka, BuckeyeCommunity Hope Foundation. The site shall be developed in accordance with the plan approved bythe Board and bearing the inscription: "Exhibit A" for Steve Sceranka approved by the Board ofAldermen the 4"‘day of May, 2021 and signed, provided the property is developed in accordance

with requirements of the RMU-C zoning district of Chapter 19 of the Town Code and all otherapplicable laws permitted.

Site Plan: Approval with the following conditions.

Uses1. Residential Building, Urban (Elderly)

Site Plan2. A 30’ wide access easement shall be provided to south and north to allow any future

compatible land uses to have connectivity.

Building Design3. The building design, as shown below, shall consist of first ?oor masonry cladding; Hardie

Plank siding up the upper stories; balconies; accent hip roofs to break up the expanse of ?at

roof.

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4. Prior to building permit issuance, the elevations shall comply with the residential architecturalstandards, including:

Roofs:0 Hip and/or Gable(s) Roof, with a Pitch between 4:12 and 12:12.

Windows:0 Window Sills and Lintels;0 Small Window Panes; and0 Window trim that incorporates the use of decorative shutters, heads, aprons

and/or cornices.Entrances:

I Porch for the front Entrance; and0 Paneled Doors.

Trim:0 Brick facade Foundation

Site Plan5. Site Plan — Exhibit A.

179

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C. PUBLIC HEARING: (KERNERSVILLE DEVELOPMENT PLAN)Curtis Swisher, Agent for the Town of Kernersville for consideration of an amendmentto the Kernersville Development Plan to amend the Land Use Plan for properties locatedat 1020 North Main Street, being all of PIN#’s 6886-99-0428,6886-99-1253, 6886-99-3040, 6886-99-2569,and 6886-99-3716,regarding the maximum size of retail space and6886-99-4736 changing the land use designation from Low Density Residential toCommercial Neigliborhood (in conjunction with K-784). Zoning Docket KDP-56

C-1. Consideration of a resolution amending the Kernersville Development Plan.

Mr. Hatling explained the purpose of the amendment. He said this is related to an earlier rezoningcase, K-784. He said this when a zoning map amendment is approved that is not consistent withthe land use plan amendment, the future Land Use Plan map is deemed amended when aninconsistent rezoning is approved. He said that this is a formal amendment to re?ect the changesadopted in the rezoning.

He said the Staff recommendation is approval of the resolution to recommend a 35 .929square footgrocery store and change the land use designation for parcel 6886-99-4736 from “Low DensityResidential” to “Commercial Neighborhood” and that the Planning Board recommended approval.

Mayor Morgan declared the public hearing open.

IN FAVOR

None

OPPOSED:

None

Mayor Morgan declared the public hearing closed.

Alderman Thompson made a Motion to approve the resolution.Alderman Crews seconded the motion.

The Board voted 5-0 in favor of the resolution.

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RESOLUTION AMENDING THE KERNERSVILLE LAND USE PLAN

WHEREAS, the Town of Kernersville desires to have orderly growth to protect the health, safety,

and welfare of its residents and businesses; and

WHEREAS, the Kernersville Development Plan is the comprehensive plan for the community and

contains the community planning elements of land use; transportation; community appearance;

historic preservation; parks & recreation; environmental; ?nancing ofpublic improvements; and

WHEREAS, the Kernersrille Developmenl Plan has been duly adopted and amended; and

WHEREAS, community planning is a process that requires constant evaluation of the community

situation and review of its plans; and

WHEREAS, land use planning can promote orderly growth and address traffic impacts; and

WHEREAS, Mayor and Board of Aldermen approved a rezoning case that did not conform to the

Land Use Plan, which is allowed in North Carolina; and

WHEREAS, when a zoning map amendment is approved that is not consistent with the map; the

future land use map is deemed amended when an inconsistent rezoning is approved. (G.S. 160D-

605(a).); and

WHEREAS, This Land Use Plan amendment is a formal amendment to reflect the changes adopted

in the rezoning.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Board of Aldermen ofthe Town of

Kernersville to hereby amend the Land Use Plan, for parcels 6886-99-0428, 6886-99-1253, 6886-

99-3040, 6886-99-2569, and 6886—99—37l6,regarding the maximum size ofretail space from 20,000

square feet to 35,929 square foot and 6886-99-4736 changing the land use designation from Low

Demiry Resiclentiulto Commercial Neigl7b0rl700d.

Adopted this 4'“day of May, 2021.

D. PUBLIC HEARING: LREZONING)William F. Green, Jr, Agent for Owners. Petitioner requests a Single-Phase Conditional

Use rezoning from RS20 to RSl2—CPRD (Residential, Single Family a Conditional Use)

for property located at 9431 County Line Road, containing a total of 36.13 +/—acres and

182

being all of PIN(s) 6897—10—1878.Uses Requested: Residential Building, Single Family;and Planned Residential Development. Zoning Docket K-786

D-1. Consideration of an ordinance rezoning said property.

Mr. Hatling explained the rezoning request and the purpose of a Planned Residential Development.He said the low impact stormwater measures will be used to reduce the rate of stormwater runoff.He said the homeowners association will maintain the common areas and amenities. He said thedevelopment will have access to public water and a private sewer that will be pumped to the publicsewer line. He stated that a similar PRD with a private sewer system was approved in 2019.He noted bufferyards and architectural design features.

Mr. Hatling stated that the Town has identi?ed that one of its unique high-quality communitycomponents is that areas are predominately single family residential. He stated that low densityresidential is defined as 0-3 units per acre unless the density of the area is 0-2 units per acre.He said the surrounding area has a mix of residential types and densities. He said the adjacentsingle-family residential area was developed prior to public sewer being constructed, thus theproperties are zoned RS20 with a density greater than 2 units per acre.

Mr. Hatling said that NCDOT threshold for turn lanes is 4,000 average daily vehicles or more perday and the average traffic count in 2019 on County Line Road is 3,400. He said that NCDOT hasrequested revised driveway permits be issued as each phase of construction begins to determine ifthe threshold may be crossed for considering the need for turn lanes.

Mr. Hatling stated that the area is subject to Jordan Riparian Buffer Rules. He said the proposeddevelopment will use the low-density stormwater development option and will remain below 24%built-upon area. He said that approximately 47.4% of the land in the project will remainundeveloped. He said a stormwater pond will not be required and that a minimal amount of pipingunder roadways will be required. He explained that the proposed 105 homes keep the project at adensity of less than 3 units per acre, which is the standard that would apply as this developmentwill be served by sewer. He stated that the PRD will have architectural design standards that aconventional subdivision would not have.

Mr. Hatling stated that photos were submitted of the accessory buildings located at 460 EdenBridge Drive and the Eden Bridge Culvert. He said that when Eden Bridge Road was designed andconstructed, the culvert was sized to address a certain amount of rainfall. He said that once thedesign storm capacity is reached it can backup and the stormwater can overtop the stream banksonto adjacent properties. He said that locating buildings in these areas is not advisable.

Mr. Hatling stated that direct access will be from County Line Road and that the Debra Lane accesscan be emergency access only. He said that NCDOT would require a connection to Debra Lanewith no new access from County Line Road in a conventional subdivision.

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Mr. Hatling said that Staff recommends approval ofa motion to amend the UDO by rezoning the

property in case K-786 from RS20 to RSl2-C PRD, the said rezoning being consistent with the

Town’s Comprehensive Plan, the Kernersville De\‘el0_1m1enlPlan, and further being bothreasonable and in the public interest due to the following facts:

0 The petitioner requested a Conditional Use District rezoning allowing building architecturalstandards to be applied. This assures the development addresses the Development PlanGoal of establishing Kernersville as a “unique high-quality community within the Triad”.

o The petitioner requested a Conditional Use District rezoning allowing the consideration of a

speci?c site plan to address the unique character of the area, to allow for appropriatebuffering to adjacent properties, restrict access to Debra Lane to emergency access only,and minimization of the stormwater runoff.

Mr. Hatling said that the Planning Board voted against a motion to approve the rezoning by a vote

of4 in favor and 5 against. He said that the Planning Board voted 8 to 1 in favor ofa motion to

recommend the site plan.

Aldennan Boyer asked when NCDOT will do the next traffic count for the County Line Roadintersection with North Main Street, who bears the cost of the private sewer pump, and how

expensive any repairs would be if needed.

Mr. Hatling said that is being done now and will be available late 2022 or 2023. He said the

homeowners association would bear the cost and would have to properly budget for those costs.

Alderman Crews asked about the location of the sewer pump in relation to the creek.

Mr. Hatling said it is located on the south side ofthe creek in the proposal but that Staff and thePlanning Board recommend moving the pump station to the north side so it is not across from a

home

Mayor Pro Tem Fulton asked about the cost of moving the pump station and how much a pumpstation would cost.

Mr. Hatling said it is only a design so there would be no real cost and that the developer would

have to answer the question about how much the pump station would cost.


184

IN FAVOR:

Bill Greco. 200 S. Regional Rd. Greensboro

Mr. Greco said that the plan has been adjusted due to input from neighbors in the area andemployees within the Community Development Department. He said that the pump station waslocated in the place where it is most supported by gravity and was chosen by the developer’sengineering team. He said that NCDOT has authority over tum lanes related to traffic. Hereferenced the design components and density of the project.

Mark Smith, 5952 Tarleton Drive, Oak Ri_(lgg

Mr. Smith noted other projects in the area that have been built by the developer. He said thathomes in the area of this development will generally require a more expensive septic system.He said that a sewer pump system is cheaper than 105 individual septic systems. He mentionedefforts made to reach out to neighbors.

OPPOSED:

Randall Reibler, 1255 Debra Lane, Kernersville

Ms. Reibler noted the neighbor’s objections to the development and complaints about ?ooding andtraffic. She said that people in the area like space around their homes, tranquility, and privacy.She said that low density is de?ned as 0-3 units per acre except that the density should be 0-2 unitswhen the surrounding area is 0-2 units per acre. She said the surrounding area is currently 0.8 unitsper acre. She said that the developer has proposed to replace the culvert at Debra Lane with onethat is 3 times as large as the current one. She said that will only worsen ?ooding issues alongDebra Lane. She said the development does not follow the Land Use Plan and that the objectionsof neighbors have not been addressed.

Peggv Watson-Smith. 1290 Debra Lane, Kernersville

She said that the rain yesterday tumed an area with no standing water into a pond. She said thaterosion has resulted in a creek on her property. She said that her house was required to be on anacre of land due to the watershed restrictions. She said that traffic is already difficult in the area.She said that development will only increase the flow of water into her yard.

185

Art Martz, 4600 Eden Bridge Drive, Kernersville

Mr. Martz shared the concerns of others. He noted that Little Beaver Creek ?ows through his

property and it produces ?ooding problems periodically. He said that the creek will over?ow its

banks with a water level of several feet. He said that his well and swimming pool have ?ooded.

He noted that this development will not have a retention pond.

Jim Pinkerton, 9481 Countv Line Road, Kernersville

Mr. Pinkerton said that 168 citizens signed a petition in opposition to this development. He said

there is a sewer pump for a nearby church that is always having maintenance issues.

David Tumas,?00 Eden Terrace Drive, Kernersville

Mr. Tumas said that he is always helping his neighbors when they have ?ooding issues.

He said that 105 homes will add to the water runoff problem.

David Hatch, 9487 Countv Line Road, Kernersville

Mr. Hatch said that he is glad to see that attention is being paid to the water runoff issues. He said

that Kemersville offers small—to\\'n?avor with access to big cities but that development like this

encroaches on that small-town ?avor. He encouraged the Board to pursue learning the cost of

maintaining and repairing a sewer pump station. He said he would not object to a development

with RS20 zoning. He said 105 homes on this property is too much.

Lois Pinkerton, 9481 Countv Line Road, Kernersville

Ms. Pinkerton said that she hears the alarm when it sounds for the sewer pump at the church.

REBUTTAL {IN FAVOR}:

Mark Smith, 5952 Tarleton Drive, Oak Ridge

He noted that water from hundreds of acres ?ow into Beaver Creek. He said that farmland is

unregulated, so anything that can be done with low density development will slow the rate of water

runoff. He said that no toxins will wash downstream from any septic systems in the development.

Bill Greco. 200 S. Regional Rd. Greensboro

Mr. Greco stated that NCDOT controls the traffic and that this area adjacent to this development is

already in a ?ood zone. He said that he understands the opposition as he previously lived on

Teague Lane.

186

REBUTTAL [OPPOSITION]:

David Hatch, 9487 Countv Line Road, Kernersville

Mr. Hatch said that the ?ood plain is to the east of this development. He said that this developmentwill only make the current ?ooding problems worse. He reiterated the Land Use Plan requirementsregarding density.

Randall Reibler, 1255 Debra Lane, Kernersville

Ms. Reibler said that she installed a new septic tank when she bought her home 10 years ago at acost of $3,000 and that she has not had any problems with her septic tank. She noted the federallyregulated wetlands in the area.

Peggy Watson-Smith, 1290 Debra Lane, Kernersville

Ms. Watson-Smith said the pump station will be in front of her house. She said that 12 acres of thispropeity cannot be developed, so the 105 homes will be built on 24 acres.

Art Martz, 4600 Eden Bridge Drive, Kernersville

Mr. Martz said this project will not improve his ?ooding issues. He said that his house is not in a?ood zone but that he still has to deal with water from Little Beaver Creek.


Mayor Pro Tem Fulton stated that page 8 of the Staff report mentions a possible reduction in thewidth of the streets in the development and asked about the plans for the streets.

Mr. Smith said that a reduction of the width of the streets is being contemplated. He said that it isin the \vorks but would not say it is being planned.

Alderman Boyer asked about the required street width.

Mr. Smith said the requirements are 24 feet of asphalt, 3 feet of curb on each side, and two 5-footsidewalks. He said reducing the width will reduce runoff and make the long-term cost ofmaintenance less for the homeowners association.

Mayor Pro Tem Fulton asked if the property is in a ?ood zone.

Mr. Hatling said this is not a designated FEMA ?ood zone.

Mayor Pro Tem Fulton asked if there will be two phases for the development.187

Mr. Smith said yes.

Mr. Hatling said that the two phases are not a condition of the rezoning.

Mayor Pro Tem Fulton noted that phase 1 by itself would be 3.3 units per acre.

Mr. Hatling said that the 36 acres would be divided by the number of units so the density would

actually be less if fewer homes are built. He said the 3.3 units per acre are watershed notes and not

housing density notes.

Mayor Pro Tem Fulton asked about the flood zone.

Mr. Hatling said the FEMA ?ood zone is east ofthis property.

Mayor Pro Tem Fulton asked if the sewer system would cost around $250,000.

Mr. Smith said that a septic system currently starts around $4,500 but would probably cost between

$7,000 and $8,000 in this area due to the difficult soil. He said the sewer system would cost around

$3,000 per home and would be more sanitary.

Mayor Pro Tem Fulton asked how a narrower street would impact ?re safety.

ChiefAldemiaii said the road width needs to be 20 feet.

Mayor Morgan asked ifthat would be sufficient width for Public Services.

Mr. Swisher said yes.

Alderman Boyer asked about the garages for these new homes.

Mr. Smith said the homes would all have garages. He said that a narrower street would still be safe

and that the garages would be sufficient for at least 2 cars and in some cases 3 cars.

Alderman Boyer noted that parking on the street makes it extremely difficult to drive down a street

that is narrow.

Mr. Smith said that standard parking would not be allowed on the street.

Alderman Boyer asked about the suitability of the property for septic systems.

Mr. Smith said the property sat on the market for 2 years because it isn’t suitable for septic systems.

188

Alderman Boyer asked the residents if they would prefer septic systems or sewer in the area.

The Pinkertons said they just oppose the 105 homes.

The others said they prefer septic, although Mr. Tumas did say that septic may not work in the area.

Alderman Crews asked about the 12 acres without development.

Ms. Watson-Smith reiterated that the 12 acres without development cannot be developed. She saidthat all ofthe homes will be built on 24 acres.

Mr. Smith noted that those 12 acres are part of a protected wetland but that the entire property is 36acres in size.

AldermanThompson asked about the size of the homes.

Mr. Smith said these homes will be 1,800 to 2,500 square feet with a cost of $300,000 to $350,000.

Alderman Thompson asked Mr. Smith how many similar pump systems he has installed.

Mr. Smith said that he has done 4 pump systems. He said he will also help the church improve andupdate their septic line.

Alderman Thompson asked about the alami system for a pump system failure.

Mr. Smith said that the management company will get an alert through a remote wi-? system.

Alderman Thompson asked how many houses could be built on this site with RS20 zoning.

Mr. Hatling said 78 units could be built in RS20 PRD. He said that the numbers would not work tobe pro?table to build a conventional subdivision.

Mayor Morgan asked if the square foot size or price of the homes could be made a condition.

Mr. Hatling said that the size ofthe homes could be made a condition ifthe developer would agreeto the condition.

Mayor Pro Tem Fulton made a Motion to deny the ordinance as no motion was made to approvethe ordinance.Alderman Crews seconded the motion.

The Board voted 4-1 in favor of the motion to deny the ordinance.Alderman Thompson voted against the motion to deny the rezoning.

189

Mr. Hatling stated that a developer has to wait 1 year from the time of the Planning Board submittalfor a rezoning that is not similar to the one that was denied and 2 years for a similar submittal.Mayor Morgan recessed the meeting at 9:05 PM.

Mayor Morgan reconvened the meeting at 9:22 PM.

E. PUBLIC HEARING: (REZONING;Chris Parr, Agent for Owners. Petitioner requests a Single-Phase Conditional Use

rezoning from MU-S to MU—C(Mixed Use — Conditional Use) for property located at

1188 Solomon Drive, containing a total of 17.49 +/- acres and being all of PIN(s) 6874-38-5603 & 6874—39—7030.Uses Requested: Residential Building, Mulli?mrily. Zoning

Docket K-719.A3

E—l. Consideration of an ordinance rezoning said property.

Ms. Garner explained the rezoning request including the number of units, density, and amenitieswithin the development. She said the Development Review Committee recommends ResidentialBuilding, Urban due to the height ofthe buildings. She said that a UDO text amendment is beingdrafted that will remove the height limit for buildings in the Residential Building, Multifamily use.

Ms. Garner said the building design meets the Highway Corridor Overlay standards and noted the

architectural features. She said the building heights will be between 45 feet and 48 feet. She

explained that the original use requested would have limited the building height to 40 feet.

Ms. Garner said that Staff recommends approval of a motion to amend the UDO of the Town byrezoning the property in case K—7l9.A3from MU-S to MU—CSingle Phase for this portion ofSmith Crossing. The said rezoning being consistent with the Towns Comprehensive Plan and

Kernersville Development Plan and further being both reasonable and in the public interest due to

the following facts:

I The Conditional Use District conditions include detailed design standards for the buildingand site plan to create a strong “sense of place”.

0 A complete sidewalk system is required that provides for internal circulation andconnections to external sidewalk systems accessing the commercial areas.

0 The high—qualitydesign will enhance the commercial tax base and help diversify theeconomic base.

0 The apartments provide workforce housing to Kernersville’s growing logistic,manufacturing, medical, and commercial industries.

Ms. Garner said that Staff recormnends approval ofthe site plan with the conditions listed in theStaff report with the rise Rc.s'idenIir/IBuilding. Urban.

190

Ms. Garner said the Planning Board voted to recommend approval of the rezoning and the site planas presented by Staff.


IN FAVOR:

Jeff Smith,_8443 Alice Player Drive, Oak Ridge

Mr. Smith said that he is the developer of this project. He said this property has been on the marketfor about 15 years. He noted the support for the project from neighboring businesses.

Chris Parr, 1813 Pembroke Road, Greensboro

Mr. Pan" said this property has languished for some time. He said that he would answer anyquestions.

OPPOSED:

None.


Mayor Pro Tem Fulton asked about the vacancy rate at Smith Crossing.

Mr. Parr said the property is 97% occupied.

Mayor Pro Tem Fulton made a Motion to approve the ordinance, site plan, and conditions aspresented by Staff.Alderman Thompson seconded the motion.

The Board voted 5-0 in favor of the ordinance.

191

ORDINANCE NO. O-2021-15

AN ORDINANCE AMENDING THE

KERNERSVILLE ZONING ORDINANCE AND THE

OFFICIAL ZONING MAP OF THE

TOWN OF KERNERSVILLE, NC

BE IT ORDAINED by the Board of Aldermen of the Town of Kernersville as follows:

SECTION 1. The Kenrersville Zoning Map be amended by changing from MU-S (Mixed Use —

Special Use District) to MU-C (Mixed Use — Conditional Use) Single Phase for this portion of Smith

Crossing. Uses Requested: Residential Building, Urban.

Approved for property located at 1188 Solomon Drive, being all ofP1N#(s) 6874-38-5603 and 6874-

39-7030, containing a total of 17.49 +/—acres as recorded in the Office of the Register of Deeds,

Forsyth County, North Carolina and being further described as follows:

BEING KNOWN AND DESIGNATED as property located at 1188 Solomon Drive, being all of

PlN#(s) 6874—38—5603and 6874-39-7030, containing a total of 17.49 +/—acres as recorded in the

Office ofthe Register of Deeds, Forsyth County, North Carolina.

SECTION 2. This ordinance is adopted after approval of and upon condition ofcornpliance with the

site plan entitled 1188 at Solomon, identi?ed as “Exhibit A" of the Conditional Use District issued

by the Board of Aldermen the 4"‘day of May, 2021 to Chris Pan‘, Agent for Owners.

SECTION 3. The Board of Aldermen hereby directs the issuance of a Conditional Use District

pursuant to Chapter 19 ofthe Town code for the Town of Kernersville. Said Conditional Use District

attached hereto and incorporated herein.


Adopted this the 4"‘day of May, 2021.

CONDITIONAL USE DISTRICTIssued by

Board of Aldermen of the Town of Kemersville

The Board of Aldermen of the Town of Kemersville has issued a Conditional Use District for thesite shown on the site plan map included in this zoning petition of Chris Parr, Agent for Owners. Thesite shall be developed in accordance with the plan approved by the Board and bearing the inscription:"Exhibit A" for Chris Parr approved by the Board of Aldermen the 4"‘day of May, 2021 and signed,provided the property is developed in accordance with requirements of the MU-C zoning district ofChapter 19 of the Town Code and all other applicable laws pennitted.

ConditionsUses

1. Residenlial Building, Urban.

Smith Crossing Original Rezoning2. All applicable Smith Crossing previous conditions shall apply.

Building Design3. Building design as illustrated below with the following neoclassical architectural features:

Roofs:0 Hip and/or Gab1e(s) Roof, with a Pitch

between 4:12 and 12:12.Windows:

0 Window Sills and Lintels;- Small Window Panes; andI Window trim that incorporates the use of

decorative shutters, heads, aprons and/orcornices.

Entrances:o Porches for the front Entrance; andI Paneled Doors.

Trim:0 Brick facade Foundation

Site Plan4. Along the NSB—Sproperty line and Solomon Drive planting material meeting the standards

described in Section 3-4. shall be installed.

5. Site Plan in “Exhibit A”

193

Exhibit A — Site Plan

194

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F. PUBLIC HEARING: {REZONING}Joel Hage, Agent for Owners. Petitioner requests a General Use District rezoning fromRS—7to PB (Pedestrian Business) for property located at 325 E. Bodenhamer Street,containing a total of .18 +/- acres and being all of PIN(s) 6886-43-6988. Uses Requested:All PB uses apply. Zoning Docket K-787

F-l. Consideration of an ordinance rezoning said property.

Ms. Garner explained the rezoning request. She noted that this is a general use rezoning. She saidthe Land Use Plan designates the area as Mixed Use. She said that Staff has been working withMarble Granite World to utilize this property. She said that general use rezoning has already beenused to promote redevelopment in this area. She said the setback requirements and the OverlayDistricts limit development options. She said that Staff recommends approval of a motion toamend the Zoning Ordinances of the Town by rezoning the property in case K-787 from RS7 to

PB. The said rezoning being consistent with the Town’s Comprehensive Plan and further beingboth reasonable and in the public interest due to the following facts:

0 The Kemersville Development Plan and Land Use Plan recommend redevelopment andreuse of properties in the downtown area.

0 The property is located in the Highway Corridor Overlay District.0 The PB zoning district is conducive to adaptive reuse of existing structures or in?ll projects.- Road improvements are already existing for this corridor.

She said the Planning Board voted to recommend approval of the rezoning as presented by Staff.

Mayor Morgan declared the Public Hearing open.

IN FAVOR:

Anise Ha__g_e,321 E. Bodenhamer Street, Kemersville

Mr. I-Iage said that he and his brother own this business. He said they currently have over 25employees. He said they need additional of?ce space and that this property will provide that alongwith additional parking.

OPPOSED:

None.


Alderman Thompson made a Motion to approve the ordinance as presented by Staff.Alderman Crews seconded the motion.

195


ORDINANCE NO. O-2021-16AN ORDINANCE AMENDING THE

KERNERSVILLE ZONING ORDINANCE AND THEOFFICIAL ZONING MAP OF THETOWN OF KERNERSVILLE, NC

BE IT ORDAINED by the Board of Aldermen of the Town of Kernersville as follows:

SECTION 1. The Kernersville Zoning Map be amended by changing from RS7 (Residential, Single

Family, 7,000 sq. ft. minimum lot size) to PB (Pedestrian Business). Uses Requested: All PB uses

apply.

Approved for property located at 325 East Bodenhamer Street, being all ofPIN#(s) 6886-43-6988.00

containing a total of0. 18 +/- acres as recorded in the Of?ce ofthe Register ofDeeds, Forsyth County,

North Carolina and being further described as follows:

BEING KNOWN AND DESIGNATED as property located at 325 East Bodenhamer Street, being

all of PIN#(s) 6886-43-6988.00, containing a total of 0.18 +/- acres as recorded in the Office ofthe

Register of Deeds, Forsyth County, North Carolina.


Adopted this the 4"‘day of May, 2021.

2 PUBLIC SESSION

A. SPEAKERS FROM THE FLOOR

None presented.

B. Consideration ofa Voluntary Annexation Petition by Curtis Swisher, Agent for the Town

of Kernersville, for Property Located on Beeson Road across from lvey Redmon Sports

Complex at the Intersection of Beeson Court containing 13.539 acres more or less.

Mr. Swisher briefly described the annexation.

Alderman Thompson made a Motion to approve the ordinance.Alderman Boyer seconded the motion.

The Board voted 5-0 in favor ofthe ordinance at 9:47 PM.

196

ANNEXATION ORDINANCE NO. A1-2021-I7AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF

THE TOWN OF KERNERSVILLE, NORTH CAROLINA TO INCLUDEAPPROXIMATELY A 13.539 ACRE TRACT DESCRIBED HEREIN

AND LOCATED ON BEESON ROAD ACROSS FROM IVEY M. REDMON SPORTSCOMPLEX UPON PETITION OF ANNEXATION BY CURTIS SWISHER, AGENT FOR

THE TOWN OF KERNERSVILLE

WHEREAS, the Board of Aldermen of the Town of Kemersville has been petitioned, inaccordance with North Carolina General Statutes 160A-31, as amended, to annex the area describedherein; and

WHEREAS, the Town Clerk has certi?ed the suf?ciency of said petition; and

WHEREAS, on March 2, 2021, the Board of Aldermen of the Town of Kernersvilleset the timeand date of a Public Hearing to be held on the question of Annexation as being April 6, 2021, at 7:00p.m. in the KemersvilleCouncil Chambers/DistrictCourtroom; and

WHEREAS, a public hearing on the question of this Annexation was held at a regular meetingof the Board of Aldermenof the Town of Kemersvillein the Kemersville Council Chambers/DistrictCourtroom at 7:00 p.m. on the 6"‘day of April, 2021, after due notice by publication on the 23'“day ofMarch, 2021; and

WHEREAS, the Board of Aldermen does hereby ?nd as a fact that said petition meets therequirementsof N.C.G.S. 160A-31,as amended, includingthat this property is contiguous to the presentcorporate limits of the Town of Kemersville and that all property owners within the area petitioned tobe amiexed, have signed the petition for annexation;

NOW, THEREFORE, BE IT HEREBY ORDAINED by the Board of Aldermenof the Townof Kemersville,North Carolina:

Section 1. By virtue of the authority granted in North Carolina General Statutes l6OA—3l,as amended, the territoryof approximately 13.539 acres, as further described in the attachedExhibits Aand B, which are includedherein as if fully set out, is hereby Annexed and made part of the Town ofKernersville as ofMay 4, 2021 at 9:47 o’clock pm.

Section 2. Upon and after May 4, 2021, at 9:47 o’clock pm the above describedterritory,and its citizensand property, shall be subject to all debts, laws, ordinancesand regulations in force inthe Town ofKen1ersville and shall be entitled to the same privileges and bene?ts as other parts of theTown of Keniersville.

197

Section 3. The newly Annexed territory described herein shall be subject to Town of

Kernersvilletaxes according to G.S. 160A-58.10.

Section 4. A certified copy of this Ordinance shall, together with a map outlining the newly

annexed areas, be recorded in accordancewith N.C.G.S. §160A-39 in the Of?ce of the Secretary of

State of North Carolina and in the Office of the Register of Deeds of Forsyth County, North Carolina;

and, a copy of this Ordinance, and map outlining the newly annexed area shall be sent to the Forsyth

County Board of Elections as provided for in N.C.G.S. §163-288.1(a), as well as to the Forsyth County

Tax Supervisor"sOffice,

Adopted this 4“‘day of May, 2021.

EXHIBIT A

VOLUNTARY CONTIGUOUS ANNEXATIONTO THE TOWN OF KERNERSVILLE

PETITIONED BY THE TOWN OF KERNERSVILLE(Addition to Ivey M. Redmon Sports Complex,

13.539 acres on East side of Beeson Road)

Being all of that certain 13.539 acres tract of land lying in Abbotts Creek Township, Forsyth County,

North Carolina; and borrndedby natural boundaries and/or lands o\vned by and/or in possession of persons,

as follows: on the northeast by Beeson Court (private), on the east by Nancy W. Sapp, on the southwest by

Chadwick Dorch Horton, and on the southwest and west by Beeson Road and the corporate limits of the Town

of Kernersville; said tract being particularlydescribed by courses (according to the North Carolina Grid

System as determined by solar observations, GPS, and monument orientation) and distances according to a

survey prepared by H. Stephen Bo\\ ers Professional Land Surveyor No. L—2455,dated January 4, 2021,

drawing file 20—1012A.DWG, and recorded at:

PLAT BOOK 73 , PAGE 181 of the Forsyth County Registry, to

which reference is hereby made, as follows:

Commencing at a GPS observation point, a 7/8” orrtside diameter found existing iron pipe, inside a 1 1/4"

outside diameter found existing iron pipe, both 4” subsurface, and having N.C. grid coordinates of North

853,712.22 (US feet) and East 1,682,281.87(US feet) as per the North American Datum of 1983 (NSRS

201 1) as determined by GPS/OPUSobservationstaken November 3, 2020, the northwesterly and northeasterly

comer, respectively, of Nancy W. Sapp (see Deed Book 942 Page 305 ofthe Forsyth County Registry; see

also PIN # 6885—22»7887;) and a 15’ strip of land sometimes referred to as a portion ofBeeson Court, a private

gravel and partially paved road (see deed to Clarence Nelson Parrish at Deed Book 3149 Page 2856, “Tract

II,” of said Registry; see deed to Nancy Sapp et al. at Deed Book 1024 Page 79 of said Registry; see also

easement at Deed Book 1041 Page 445 of said Registry; see also PIN # 6885—23»O850;); thence with the

westerly line of said Nancy W. Sapp (as per said Deed Book 942 Page 305) South 3 Degrees, 54 Minutes,

00 Seconds West, 16.35 feet, to a 7/8” outside diameter set new iron pipe, flush, and being the true point of

BEGINNING:

198

thence continuing with said westerly line South 3 Degrees, 54 Minutes, 00 Seconds West, crossing a 7/8”outside diameter set new iron pipe ?ush, at 383.08 feet, and continuing another 70.51 feet to cross a calculatedcomer, searched for not found, the noithwesterly comer of Kelly Dale Sapp (see Deed Book 1812 Page 3917of said Registry; see also PIN # 6885-23-2097;), and continuing another 286.00 feet to cross a calculatedcomer, searched for not found, the southwesterly corner of said Kelly Dale Sapp, and continuing again withthe westerly line of said Nancy W. Sapp another 203.75 feet to cross a 7/8” outside diameter set new ironpipe, 3” high, and continuing another 257.15 feet, for a total distance of 1200.49 feet, to a 1” outside diameterset new iron pipe, flush, in the northeasterly line of Chadwick Dorch Horton and Carla Leonard (seeRenunciation at Deed Book 2662 Page 2469, Tract 3; see also Deed Book 1946 Page 796, b0t11of saidRegistry; see also PIN # 6885-1 1-9903;); thence with said northeasterly line North 63 Degrees, 24 Minutes,45 Seconds West, 379.06 feet, to a 13/ ” outside diameter found existing iron pipe, flush, in the root ofa 14”gum tree, the most northerly and northeasterly comer, respectively, of the heirs of C. Nelson Parrish (see DeedBook 1786 Page 3526 of said Registry; see also PIN # 6885-12-7497;) and The Town of Kemersville, aMunicipal Corporation (see Deed Book 999 Page 695 ofsaid Registry; see also PIN # 6885—12—6324;);thencewith the northeasterly line of said Town of Kemersville North 63 Degrees, 22 Minutes, 15 Seconds West,26.40 feet, to a point in the northeasterly right of way line (thirty feet from center—line)of Beeson Road, andin the corporate limits line of the Town of Kemersville, a municipal corporation, as per annexation effectedSeptember 4, 2007, cited as Ordinance No. A3—2007—34,recorded at Deed Book 2783 Page 223 of saidRegistry, and shown at Plat Book 53 Page 44 of said Registry (see also PIN # 6885-13-0630); thence with thenortheasterly and easterly right of way line of said Beeson Road, and with said corporate limits line thefollowing nine calls: (1) thence 76.24 feet along a curve to the left of radius 82.00 feet, a chord bearing anddistance of North 40 Degrees, 43 Minutes, 30 Seconds West, 73.52 feet; (2) thence North 67 Degrees, 34Minutes, 25 Seconds West, 49.99 feet; (3) thence 68.51 feet along a curve to the right of radius 59.82 feet, achord bearing and distance ofNorth 31 Degrees, 37 Minutes, 25 Seconds West, 64.83 feet; (4) thence North4 Degrees, 46 Minutes, 55 Seconds East, 65.37 feet; (5) thence North 5 Degrees, 58 Minutes, 40 SecondsEast, 358.55 feet; (6) thence North 5 Degrees, 24 Minutes, 50 Seconds East, 101.90 feet; (7) thence North5 Degrees, 11 Minutes, 25 Seconds East, 200.93 feet, to a point distant North 89 Degrees, 14 Minutes, 30Seconds East, 60.92 feet, from Town of Kemersville horizontal control monument “B—SNPK 11,a 3 1/4”aluminum disc, in concrete, 6” subsurface, having NC grid coordinates of North 853,532.18 (US feet) andEast 1,681,718.05 (US feet) as per the North American Datum of 1983 (NSRS 2011); (8) thence North 4Degrees, 50 Minutes, 05 Seconds East, 194.06 feet; (9) thence North 3 Degrees, 26 Minutes, 45 SecondsEast, 198.27 feet, to a point in the southerly line of said 15’ strip of land referred to as Beeson Court, a privategravel road; said point being distant South 64 Degrees, 15 Minutes, 25 Seconds East, 2.35 feet from a 7/8”outside diameter found existing iron pipe, 5” subsurface, the southwesterly corner of said 15’ strip of land;thence with the southwesterly line of said 15’ strip of land referred to as Beeson Court, private, South 64

Degrees, 15 Minutes, 25 Seconds East, 525.73 feet, to the true point of BEGINNING said 7/8” outsidediameter set new iron pipe, ?ush;

FOR REFERENCE SEE: Affidavits of Con‘ection shown at Deed Book 3577 Page 3209, Deed Book 3577Page 3215, Deed Book 3577 Page 3221, and Deed Book 3577 Page 3227 ofthe Forsyth County Registry; thatdeed recorded at Deed Book 3363 Page 1493 ofthe Forsyth County Registry; see also deed to A. Cyrus Beesonand wife Mabel Jones Beeson recorded at Deed Book 890 Page 393, “First Tract;” see also out conveyanceat Deed Book 1024 Page 79 of said Registry;

The above described 13.539 acres tract being all of PIN # 6885-13-9268 of Forsyth County Tax Maps aspresently constituted, with unassigned address this date, Beeson Road, Kemersville, NC.

The above description \\ as prepared by H. Stephen Bowers Professional Land Surveyor No. L—2455,January4, 2021.

199

EXHIBIT B

um mm

C. Consideration ofa Resolution to Declare Items Surplus and Authorize Disposal.

Mr. Swisher explained the items in the resolution. He noted that a fire truck that had beenoriginally included was removed as it had already been lost due to a ?re.

Alderman Thompson made a Motion to app1‘O\'6 the resolution.Alderman Boyer seconded the motion.

The Board voted 5-0 in favor ofthe resolution.


RESOLUTION DECLARING SURPLUS ANDAUTHORIZING THE DISPOSAL OF SURPLUS PERSONAL PROPERTY

WHEREAS, the Board of Aldermen of the Town of Kernersville desires to declare said propertysurplus and dispose in accordance with the Town of Kernersville’s Finance Policy and the NorthCarolina General Statutes; and

WHEREAS, the Board of Aldermen of the Town of Kernersville hereby declares surplus thefollowing described property:

ITEM NAME ASSET DESCRIPTION DISPOSITIONNO.

Generator with 10234 Fire Rescue Department As per G.S.A?I1lU1Ci3t0F P3113] Generator with Annunciator Panel 150A‘266

QuartermasterSoftware 11811 Police Department As per G.S.

QuartermasterSoftware 160-A-266

E911 Telephone System 11824 Police Department As per G.S.Cassidian Patriot E911 VOIP Telephone 160A-266System

2012 Dodge Charger 11829 Police Department As per GS.2012 Dodge Charger #66 150A-256

Map Cabinet 00450 Community Development As per GASIMayline Oak Map Cabinet 160/‘"266

Panasonic Toughbooks Information Technology Department A5 Per GS.

(56) Panasonic Toughbook Computers 160/T266

Lenovo Thinkpad Information Technology Department A5 P61‘G5.

(1) Lenovo Thinkpad X130e Computer l60A‘266

Lenovo Thinkpad Information Technology Department A5 Per G-S~

(1) Lenovo Thinkpad T530 15 Computer 160/‘"266

InMotion Routers Information Technology Department A5 P51‘G5-

(6) InMotion Routers 160-N266

I-I_PElitebook Information Technology Department A5 Per G5-

(1) HP Elitebook 8540p Computer 160A-266

Getac S400 Toughbooks Information Technology Department A5 PC!‘G5.

(9) Getac S400 Toughbook Computers 160/‘"266

Dell Opitlex Information Technology Department A5 P91‘(3-3

(14) Dell Opitplex 7020 Computers 160A'266

201


Dell Latitude Information Technology Department A5 P81‘G5-

(2) Dell Latitude E6520 Colnpllters 160A-266

Dell Latitude Information Technology Depaltment A5 per G5-

(3) Dell Latitude E5550 Computers l60A'266

Dell Opitlex Information Technology Department A5 PB?G5»

(1) Dell Opitplex 755 Computer 160-A'266

IT Lot 1 — iPl1ones Information Technology Department A5 PETG5-

(10) iPhone 6 Model A1549 160A-266

IT Lot 2 - iPhones Information Technology Department AS per G5-

(3) iPhone 6s Model A1688 160A-266

IT Lot 3 — iPhones Information Technology Department A3 PETG5-

(2) iPllone 6S Pllls Model A1687 160A-266

[T Lot 4 - iPllones Illformation Technology Department A5 Pei‘G5-

(3) iPhone 7 Model A1660 160A-266

IT Lot 5 — iPhones Inforlnation Technology Department A5 Per (3-5-

(2) iPhone 8 Model A1863 160/W66

IT Lot 6 — iPhones Inforlnation Technology Department A5 PC!‘G5

(l) iPllone 8 Plus Model A1864 160A-266

Manitowoc Ice Machine 10644 Fire Rescue Department A5 Per G5-

Manitowoc Ice Machine 160A'266

Motorola Battery Charger Fire Rescue Department A5 P91‘G5-

Motorola 4—BayConditioning Battery l60A'266

Charoer

Sony Digital Camera Fire Rescue Department A5 PETGS-

Solly Cyber-Shot Digital Camera l60A'266

Motorola / Astro Radio Police Depaltlnent AS PCFG5

Control Units (3) Motorola / Astro Radio Control Units l60A‘266

Motorola Mobile 11023 Police Department A5 Per G5-

Intemet Modelns I 1024 (5) Motorola Mobile Internet Modems l60A'266

l I 141 for MDT System

11030

1l 140

Havis / DS-PAN—41O Police Depaltment A3 per G5-|60A~266Docking Stations (41) I-Ia\'is/ DS—PAN—4l0Docking

Stations for Panasonic CF—53Laptop

toOl\.\


Havis / DS»PAN—4l 1 Police Department A5 Per G5Docking Stations (11) Havis / DS-PAN—411 Docking 160A-266

Stations for Panasonic CF«53 LaptopPanasonic / AG—CPD20 Police Department As per 05.In<Car Cameras (15) Panasonic / AG-CPDZOIn-Car 160A-266

Cameras VPU — Arbitrator SD CamerasPanasonic / AG~CL10P Police Department As per G-S.From In—CarCameras (15) Panasonic / AG-CKIOP Front In—Car l60A‘266

Cameras - Arbitrator SD Front CamerasMotorola Police Police Department A5 Per G-5‘Telecommunications Motorola Police Telecommunications 160A’266System SystemLifepak 1000 AED Police Department A5 Per G-SeAutomatic De?brillators (7) Lifepak/1000 AED Automatic l60A'266

De?brillators1994 Ford F150 Pickup 10300 Police Department A5 Per G-StTruck 1994 Ford F150 Pickup Truck #105 160A-266

2016 Chevrolet PPV 11975 Police Department A5 Per G5-Tahoe 2016 Chevrolet PPV Tahoe #175 160A-266

2016 Ford Police 11918 Police Department As Per GS-Interceptor 2016 Ford Police Interceptor SUV #132 160A-266

2016 Chevrolet PPV 11934 Police Department A5 P97G-S~Tahoe 2016 Chevrolet PPV Talloe K9 Unit #194 160A-266

Motorola/ Spectra Siren 11247 Police Department As per G.S.Driver Radios 11218 (13) Motorola/ Spectra Siren 160A-256

11212 Driver Radios11206

11226

1123811215

112141125311239UNK (3)

1988 Chevrolet C-70 01834 Parks and Recreation Department As per G.S.Truck 1988 Chevrolet C-70 Truck #520 160-N266

1996 Leaf Vacuum Truck 10769 Public Services Department A5 P91‘G-S~1996 Leaf Vacuum Truck #506 160A‘266

203


1999 Chevrolet Dumpster 10912 Public Services Department AS Per G5-

Truck 1999 Chevrolet Dumpster Truck #51 1 l60A'266

Astro Radios 11405 Public Services Department As per G.S.

11409 (22) Astro Radios T99D 130W 160A-266

1141711439

11443

11451

11457

1145811462

11465

1146611467

11470

11471

1147211473

11474114771147911481

l 1483

UNK (1)

WHEREAS, North Carolina G.S. 160A-266(a-c) allows the Town to dispose of real or personal

property belonging to the town, subject to limitations and according to procedures prescribed therein,

by: (1) Private negotiation and sale; (2) Advertisement for sealed bids; (3) Negotiated offer,

advertisement, and upset bid; (4) Public auction; or (5) Exchange.

WHEREAS, North Carolina G.S. 160A—266(d)allows the Town to discard any personal property

that: (i) is determinedto have no value; (ii) remains unsold or unclaimedafter the Town has exhausted

efforts to sell the property using any applicable procedure under this Article; or (iii) poses a potential

threat to the public health or safety;

WHEREAS, the referenced statute does not require the Town to publish notice of the intent to

declare or discard surplus property that has no value;

NOW, THEREFORE, BE IT RESOLVED, by the Kernersville Board of Alderman declares the

real and personal property as surplus and authorizes the following:

204

1. The property that has no value to be discarded according to the referenced statutes; andThe Town Manager or his designee is authorized to sell the described surplus property byelectronic auction beginning at 10:00 am on May 18"‘,2021 at www.GovDeals.com, as perthe terms and conditions and in accordance with North Carolina G.S. 160A—270(c)and incompliance with the Finance policy. The Town Manager or his designee is directed to publishat least once and not less than then (10) days before the date of the auction, a copy of thisResolution or a notice summarizing its contents as required by North Carolina G.S. 160A-270.

Adopted by the Board of Alderman of the Town of Kernersville this 4‘“ day of May, 2021.

D. Consideration of an Ordinance Regarding the Parking of Mobile Retail Vendors inCertain Locations.

Mr. Swisher explained the ordinance. He said this is similar to an ordinance that failed last month.He said this will allow 1 local food truck and 1 mobile retail sales truck at certain hours. He saidthe truck would only be allowed to park in a space in front of the business that is hosting the truck.He noted an email and a letter that have been received that will be entered into the minutesregarding this agenda item.

The following comments were received prior to the meeting:

Mr. Hooker — hope you are doing well. I understand that a potential food truck ordinance is beingdiscussed inside the Town of Kernersville. I would simply like to lend my voice as someone whois supportive of food trucks and I hear from many people how much they love purchasing theirmeal from a food truck.

We love the great restaurants in Kernersville, visit them regularly and encourage our clients to visitthem as dining options and we only want to see them excel and prosper. While there is diversityand choice in the traditional brick and mortar restaurants that we currently have in town; in orderfor the local economy, quality-of-life and business environment to continue to grow in a positivedirection. additional options should be encouraged.

We are in a changing environment in our world. Lots ofinnovative ideas have had to be unleashedand having options, such as food trucks is a great way to bring others into the town to showcaseit. The town should be encouraging innovation as that could be a competitive advantage for ourcommunity. Lots ofother local communities are adapting. innovating and becoming attractions to

many. We should continue to do the same. Limiting ideas, limiting growth and other options is not

the way to do that. Encouraging others and partnering with them is the way.

As a real life example, we hosted a food truck for lunch at our office recently. It was a

Kernersville-based food truck, a local business. We had 40-50 people that came, many from outsideof the town. We heard from a number of those folks that they had no idea that the downtown was

as burgeoning as it was and how they would de?nitely be back. We hope to do more of this andbring more people into the town to showcase it.

Food trucks are attractions and have followings. To allow food trucks the opportunity to participatein our local economy is good for business, good for the local economy and good for the citizens ofthe town.

Thank you Mr. Hooker.

Jake Cashion, Broker/Realtor/Team Leader

Curtis,I know you do not vote on these matters, but if you have any in?uence on the board's thinking,please hear me out. Imagine, 5 Food trucks parked on main street every night of the week, andGiadas, The Prescott, and Breathe gone because they were pushed out by "bars and food trucks

serving burgers." If these guys want to have restaurants, I am all for them investing in Kernersville

and building restaurants here, but without any skin in the game, they swoop in, take our money, and

head back to Charlotte, Winston, and Greensboro. That is not fair.

Dave Nicoletta — Owner6058 Old Orchard Rd. Kernersville, NC 27284

Giadas Trattoria (opened February 6, 2013)

210 N. Main St. Kernersville, NC 27284

May 1, 2021

Dave Nicoletta — Owner6058 Old Orchard Rd. Kernersville, NC 27284

Giadas Trattoria (opened February 6, 2013)210 N. Main St. Kernersville, NC 27284

May 1, 2021

Dear Distinguished Aldennan,

On behalf of the 47 employees of Giadas Trattoria, I am writing today to ask you re iecttheordinance amendment:

AN ORDINANCE AMENDING TRAFFIC SCHEDULE 6 OF CHAPTER 9 OF THETOWN OF KER.\IF,RSVILLE CODE OF ORDINANCESTO ALLOW FOOD TRUCKS & MOBILE RETAIL VENDORS TO BE PARKED ONPUBLIC S'I'REE'I'S WITH CERTAIN RESTRICTIONS

I believe that having food trucks parked on city streets, especially in "historic downtown" 7days a week will be detrimental to the brick—and-mortar restaurants that are still struggling tobreak-even under the Governor's restrictions. Although we are told there is "help on the way"by the federal government, there is no guarantee.

Brick and Mortar Restaurants have NOT been able to fully operate in 4-74 days and counting...

I don't have anything against food trucks. I own one.

But there is NOTHINGwrong with the current ordinance...food trucks can be set up onPRIVATE PROPERTY. They do not need to take up the valuable (and limited) street parkingdowntown, forcing the private lot owners to enforce parking restrictions [and consequencesfor violation].

In addition, what bene?ts does the town get from the food trucks? Because your brick andmortars pay property tax, sales tax, water, and garbage.

Do these food trucks [almost ALLofwhich are from outside ofKemersville] donate gift cards,money, and meals to Glenn Athletics, East Forsyth Theatre, Kiwanis GoIfTournaments,Southeast MiddleSchool Teacher Appreciationjust to name a few.

Because ifwe continue to squeeze out the few folks who risked everything to invest indowntown Kernersville WHEN NO ONE ELSEWOULD,then I shudder to think what downtownwill turn into, and foreshadowing...it won't be good.

207

These are the written comments that were received.

208

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Bethany Woods, 110 Cliffwood Drive, Kernersville

She said that she owns a business at 148 N. Main Street. She said that 95% of her patrons arerequesting that food be made available through a food truck. She said that this would not imposeon any other businesses downtown. She noted that many downtown restaurants are closed onMondays.

Mayor Pro Tem Fulton asked if a service, such as dog washing, would be considered the same as amobile retail vendor.

Mr. Swisher stated that Pawlee’s does not have a parking space in front of their business.

Mayor Pro Tem Fulton asked if any consideration could be given for a situation like this one.

Mr. Swisher said that it could be considered later.

Alderman Thompson asked if the food trucks could park on the street without this ordinance.

Mr. Swisher said they would not be allowed. He said the best way to protect businesses is torequire that the food truck be parked in front of a business that is hosting the truck. He said thatMain Street is probably the only place with on—street parking where this ordinance would apply.

Alderman Thompson said the food truck clientele is different from the restaurant clientele.

Mr. Swisher said that the food trucks could even bring people downtown who might not otherwisebe aware of the businesses downtown.

Alderman Boyer said that nearly every parking spot was full on North Main Street at 6:30 PMtoday. He said that he feels a need to protect businesses, particularly restaurants, so he is not infavor of this ordinance.

Alderman Crews stated that a food truck being hosted by a particular business gives the right to astore owner or a retailer to run their business in any way. He does not feel that this will hamperother restaurants.

Alderman Thompson made a Motion to approve the ordinance.Alderman Crews seconded the motion.

The Board voted 4-1 in favor of the ordinance. Alderman Boyer voted against.

209


AN ORDINANCE AMENDING CHAPTER 9

OF THE TOWN OF KERNERSVILLE CODE OF ORDINANCES

TO ALLOW FOOD TRUCKS & MOBILE RETAIL VENDORS TO BE PARKEDON PUBLIC STREETS WITH CERTAIN RESTRICTIONS

WHEREAS, it appears that the public health, safety, and welfare is best served by regulating

parking on streets owned by the Town of Kemersville;

WHEREAS, the Board of Aldermen has considered the need for food trucks to park on streets

under certain guidelines.

NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE BOARD OF

ALDERMEN OF THE TOWN OF KERNERSVILLE that the Code of Ordinances be amended

by amending CHAPTER 9 Motor Vehicles and Traffic, Section 9-152 as follows:

Sec. 9-152 — Certain purposes prohibited.

(a) No person shall stand or park a vehicle upon any street for the principal purposes of:

(1) Displaying anything for sale, except as hereinafter set forth in (b);(2) Washing, greasing or repairing the vehicle, except repairs made necessary by a bona

fide emergency;(3) Storing by garages, dealers or other persons when the storing is not incident to the bona

tide use and operation of the automobile or other vehicle;(4) Storing of any detached trailer or van when the towing unit has been disconnected;(5) Transferring merchandise or freight from one vehicle to another; or

(6) Advertising.

(b) It shall be unlawful for any person to sell, or offer for sale, any goods, wares, or merchandisefrom any vehicle parked on any street or highway within the Town, except that one mobilefood truck duly licensed and permitted by a local government health department and one

properly licensed mobile retail sales truck may park only on Saturday, Sunday and Mondayfrom 11:00 a.m. until 9:00 p.m. and on Tuesday through Friday from 5:00 p.m. until 9:00pm. in marked parking spaces in front of the business that is hosting the truck without regardto time limits for such parking spaces as may be imposed by other ordinances; however, allfood, beverages and goods must be dispensed from the truck only on the sidewalk side of thevehicle.

This Ordinance shall be effective upon its date of adoption by the Board of Aldermen this

4"‘day of May, 2021.

E. Consideration of an Ordinance for Budget Amendment #7 for FY 20-21.

Mr. Swisher explained the items in the budget amendment. He said the 2 largest increases coverthe cost of the demolition of the Abbotts Creek Wastewater Treatment Plan and the repairs neededto the Kernersville Lake Dam. He said there are offsetting revenues for the demolition. He notedthe other smaller items in the budget amendment.

Alderman Thompson made a Motion to approve the ordinance.Alderman Boyer seconded the motion.


ORDINANCE NO. 0—2021-19

TOVVN OF KERNERSVILLEBUDGET At\IE.\'D.\'IEl\"T # 7

Be it hereby ordained by the Board of Aldermen of tlie Town ol‘Kemers\'ille that the following amendment be made to

the Budget Ordinance adopted on the 4th day of June, 2020 as follows:

Section 1. To amend the General Fund, the expendituresare to be changed as follows:

General Fund — Expenditures Decrease :ase New Aggrop.

Inspections Department 43,000 633,401

Engineering Department 6,000 1,117,997

Recreation Department 100,000 3,216,931

General Services Department 252,500 3,163,441

Total 0 401,500

This will result in a net increase of $401,500 in the expendituresofthe General Fund. The above changes i.nexpenditureswill require an adjustment to revenues as follows:

General Fund — Revenues Decrease Im2 New Approg.

Due from CCUC - Reimburse GF - Abhots' Crcxk Project 252,500 1,754,500

Building Inspections 3,000 471,000

Fund Balance Appropriated 106.000 4,267,729Total 0 401,500

Section 2. Copies of the budget amendment shall be fumishcd by the Town Clerk ofthe Board of Aldermen, the

Budget O?icer, and Finance Director for their directions.

Adapted this the 4g day ofMay_.2021.

Dawn H. Morgan, 1\l£l)0l'

ATTEST:

Keith llooker, Town Clerk

F. Consideration of an Update to the Residency Requirement and Take-Home VehiclePolicy for Law Enforcement Of?cers.

Mr. Swisher explained the update. He said this will eliminate the 30—mileresidency requirementand will increase the vehicle take—homedistance from 13 miles to 30 miles. He said that this willmake it easier to hire quali?ed officers.

Aldemian Crews made a Motion to approve the update.Mayor Pro Tem Fulton seconded the motion.

The Board voted 5-0 in favor of the update.

G. Consideration of an Amendment to an Employment Agreement with theTown Managerand an Ordinance Setting the Town Manager's Compensation for FY 2021-22.

Mr. Wolfe explained the agreement and the ordinance. He said that a previous discussion in closedsession had inadvertently omitted 21reference to the monthly cell phone charges for the phone thatis provided to the Town Manager. He said that he has added this. He said this is an amendment to

the employment agreement and follows the details listed in the ordinance.

Board members expressed satisfaction with the Town Manager’sjob performance.

Mr. Swisher thanked the Board and expressed satisfaction with Town staff.

Mayor Pro Tem Fulton made a Motion to approve the ordinance.Alderman Thompson seconded the motion.


Mayor Pro Tem Fulton made a Motion to approve the employment agreement.Alderman Thompson seconded the motion.

The Board voted 5-0 in favor of the employment agreement.

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AN ORDINANCE SETTING ANNUAL COMPENSATION FOR THE

KERNERSVILLE TOVVN MANAGER

WHEREAS, Curtis L. Swisher, has been employed with the Town of Kemersville for a

period in excess of thirteen (13) years with his anniversary date being February 18"‘,and

WHEREAS, the Board ofAldennen has, as it does from time to time, had the opportunityto review compensation paid Town Managers of other communities, as well as reviewed the Town

Manager’s performance during the past year; and

WHEREAS, the Board of Aldermen has found that the Town Manager continues to

perform satisfactorily and commendably in his position.

NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE BOARD OF

ALDERMEN that the Town Manager’s (Curtis L. Swisher) compensation be set in the following

manner effective July 1, 2021.

1. An animal salary of$l5l,8l4.00 (One Hundred, Fifty-One Thousand, Eight

Hundred, Fourteen and no/ 100 Dollars) paid in accordance with the Town of Kemersville

Employee Payment Plan, with an additional three percent (3%) of his annual salary to be depositedto his 457(b) Retirement Plan Account.

2. An annual allowance equal to the Membership Dues ofa Civic Club of the Town

Manager’s choice up to One Thousand and no/100 Dollars ($1,000.00).

3. A monthly automobile allowance of Six Hundred and no/100 Dollars ($600.00).

4. One (1) week and two (2) days of paid vacation annually in addition to that whichthe Town Manager is entitled, and accrues, as an employee ofthe Town.

3. Issuance of a cell phone for Town Business for which the Town shall pay themonthly service charges.

6. All other usual bene?ts afforded other Town employees as defined by the Personnelpolicy ofthe Town including, but not limited to such as relate to health and life insurance, sick

leave and 401(k) contributions.

7. By contract, that he is guaranteed, and the Board of Aldermen sets by this

Ordinance, severance compensation of six (6) months’ salary (representing one month contractuallygranted at the time of his Appointment and one month for each year of service to date capped at six(6) additional months) should the said Town Managers employment be terminated during the

Z14

current year of employment other than by himself voluntarily terminating his employment, or formisconduct on his part.

This Ordinance is effective July 1, 2021.

This 4'“day of May, 202 1.

NORTH CAROLINA

AMENDMENT TO EMPLOYMENT AGREEMENT

FORSYTH COUNTY

THIS AMENDMENT TO EMPLOYMENT AGREEMENT is made and entered this the __ dayof May, 2021, by and between the Town of Kernersville, a North Carolina Municipal Corporation

located in Forsyth and Guilford Counties, sometimes hereinafter referred to as the ”Town” or

’’Employer’’, and Curtis L. Swisher, a citizen and resident of Kernersville, Forsyth County, North

Carolina, sometimes hereinafter referred to as ”Emp|oyee” or ”Town Manager”;

WITNESSETH

WHEREAS, the Town and Town Manager entered into an Employment Agreement dated

February 5, 2008; and

WHEREAS, the parties having, from time to time entered into Amendments to theEmployment Agreement dated February 5, 2008; and

WHEREAS, the Board of Aldermen has ordained that the Town Manager's compensation be

amended effective July 1, 2021; and

WHEREAS, the parties agree that the intent of the Board of Aldermen can be fulfilled bestby modifying the provisions of the Employment Agreement, setting annual compensation for theKernersville Town Manager in accordance with current Ordinances governing compensation for the

Town Manager.

NOW THEREFORE,in consideration of the conditions, promises, and covenants contained

herein, the parties agree as follows:

I\)U:

1. Section 7 ofthe Employment Agreement dated February 5, 2008, is hereby amended

to read as follows:

"Section 7. Salary and Benefits. Employer shall pay Employee, for his services rendered,

commencing July 1, 2021, an annual salary of One hundred fifty—one thousand eight hundred

fourteen dollars and no/100 Dollars ($151,814) paid in accordance with the Town of Kernersville

Employee Payment Plan. Any adjustment to said annual base salary, or any other compensation

provided for herein that is not provided to all other fu||—time Town employees, shall be established

by the Board of Aldermen by Ordinance. Employee shall also receive, as compensation, the

following:

(A) An additional three percent (3%) of Employee's Annual Salary shall be paid, annually,

into the Town Manager's Deferred Compensation Plan Account (established pursuant to IRS code

section 457[b] or 401[k]).”

(B) An annual allowance equal to the Membership Dues of a Civic Club of the Town

Manager's choice up to One Thousand and no/100Dollars ($1,000.00)

(C) A monthly automobile allowance of Six Hundred and no/100Dollars ($600.00).

(D) One (1) week and two (2) days of paid vacation annually in addition to that which the

Town Manager is entitled, and accrues, as an employee of the Town.

(E) Issuance of a cell phone for Town Business for which the Town shall pay the monthly

service charges.

(F) All other usual benefits afforded other Town employees as defined by the Personnel

Policy of the Town, including, but not limited to such as relate to health and life insurance, sick

leave, and 401(k) contributions.

2. The remaining Section 7 of the Agreement shall remain in full force and effect.

3. Allother sections of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF the Town of Kernersvillehas caused this Agreement to be executed

on its behalf by its Mayor and duly attested to by its Town Clerk, and Employee has executed this

Agreement, the clayand year first above written.

216

3 CONSENT AGENDA:All of the following matters are considered to be routine by the Board of Aldermen andwill be enacted by one motion. There will be no separate discussion unless a Boardmember or citizen so requests, in which event the matter will be removed from theConsent Agenda and considered under the following item.

A. Approval of Minutes for March 31, 2021 Briefing Meeting.

B. Approval of Minutes for March 31, 2021 Closed Session.

C. Approval of Minutes for April 6, 2021 Regular Meeting.

D. Approval of Minutes for April 6, 2021 Closed Session.

Alderman Thompson made a Motion to approve the items in the consent agenda.Alderman Boyer seconded the motion.

The Board voted 5-0 in favor of the motion.

4 ITEMS REMOVED FROM CONSENT AGENDA.

None.

5 SPEAKERS FROM THE FLOOR.

None presented.

6 TOWN MANAGER’S REPORT AND MISCELLANEOUS.

Mr. Swisher presented an ordinance to temporarily close certain streets during the Fourth of JulyParade and Fireworks.

Alderman Boyer made a Motion to approve the ordinance.Alderman Pinnix seconded the motion.

The Board voted 5-0 in favor of the motion.

217


ORDINANCE DECLARING A ROAD CLOSUREFOR 4”‘OF JULY PARADE AND FIREWORKS

WHEREAS, the Board of Aldermen ofthe Town of Kernersville acknowledges a long tradition of

providing an annual 4”‘of July Parade and Fireworks for the pleasure of its citizens; and

WHEREAS, the Board of Aldermen of the Town of Kernersville acknowledges that this event will

require the Lise of a portion of Mountain Street, West Bodenhamer Street, Cherry Street, NelsonStreet, Orr Street, and Church Lane.

NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE BOARD OF ALDERMEN OF

THE TOWN OF KERNERSVILLE, NORTH CAROLINA, pursuant to the authority granted byG.S. 20-169 that they do declare a temporary road closure during the day(s) and times set forth belowon the following described portion of the State Highway System route:

Date(s): July 3, 2021 and July 4, 2021

Times: Parade 8:00 AM-12:00 PM on July 3Fireworks 6:15 PM-9:30 PM on July 4

Route Description: Parade: Mountain St. from Highway 66 to West Bodenhamer St.

Fireworks: West Bodenhamer St. from West Mountain to Cherry St.Nelson St. from Piney Grove to Dobson St.Orr St. at North Cherry St.Church Lane at Piney Grove Road

This ordinance to become effective when signs are erected giving notice of the limits and times ofthe 4‘“of July Parade and Fireworks and implementation of adequate traffic control to guide vehicles

around the event.

Adopted this 4"‘day of May, 2021.

Mr. Swisher stated that the Town owns 5 acres at 1815 Teague Lane that was purchased severalyears ago as a location for a possible fire station. He said that BOMA NC LLC has made an offerto purchase the property for the appraised value of $230,000. He recommended against selling thatproperty until a deal is ?nalized with Beeson’s Crossroads Volunteer Fire Department. He said thathe does not have a timeline for when any deal with Beeson’s Crossroads VFD can be ?nalizedHe said that he hopes to know something by June. He said the last appraisal was done in December2020 and that the property would need to be appraised again.

Mayor Pro Tem Fulton said that the $241,600 is the current tax value on GeoData.

Alderman Crews made a Motion to follow the recommendation from Curtis to not sell the propertyat this time.Alderman Pinnix seconded the motion.

The Board voted 5-0 in favor ofthe motion.

Mr. Swisher presented a letter that has been prepared in opposition to the Senate and House billsregarding single-family residential zoning.

Alderman Crews made a Motion to approve sending the letter.Alderman Boyer seconded the motion.

The Board voted 5-0 in favor ofthe motion.

Town of

KERNERSVILLENornucnaum

Dawn [-1. Morgan, MayorCurtis LASwisher, Town Manager

P.O. Box 723 134East Mountain Street

Kerncrsville, NC 272s5.o72rs Telephone: (335) 995-312xFax: (335) 996-4822

OPENLETTERTOTHELIEUTENANTGOVERNOR,THEPRESIDENTPROTEMPOREOFTHESENATE,THESPEAKEROFTHEHOUSEANDALLSTATESENATORSANDSTATE

REPRESENTATIVESREGARDINGSB349ANDHE401

The Townoi Kemersville,NorthCarolinais a wonderfulthrivingcommunity.TheMayorand theBoardofAldermenhavea peoplefriendlyapproachto governmentthatworksdiligentlyto promotethe bestleadershipandobjectivedecision-makinginbehalfofourcitizens. As such, we have carefullyreviewedSenate Bill349and its Housecompanionbill,HouseBill401. We believethese billsare absolutelynot inthe best interestsofourTown,ourCountyandtheentireStateof NorthCarolina.Oneofthe mainreasons

thatour State has becomesucha magnetfor incomingmigrationis because of the fact that our localgovernmentshave the authorityto makereasoneddecisionswiththe directinputof our people. Thegovernmentthat is closest to the people generallyunderstands the willof the people and governsaccordingly.Wesee ourfolkseveryday, livewiththemandare attentiveto theirneeds.

These billsdrasticallyinterferewiththat. TheStateshouldabsolutelynot get intothe statewidezoningbusiness. Onlylocalgovernmenthas theearoftheirpeoplesuchthatwecantakeappropriateactionin accordancewiththeiradviceandconsent. The zoninglawsthat localgovernmentsinNorthCarolinahave enacted havecomedirectlyfromrequestsoi the peopleto whomwe listendirectlyand carefullytomake sure that the needs of the communityare followed. Localgovernments,includingthe Town ofKemersville,understandtheneedformixeduse developments,andwehavezonedprojectsforthesemixeduses on manyneededoccasionsthatdo notpenalizeourcitizensanddestroytheirpropertyvalues.

Notonlyare localgovernmentsincludingthe TownofKemersvillestronglyopposedtoSenateBill349and HouseBill401.butwewilltellyouthatthe overwhelmingmajorityofthe citizensacrossourStateare alsoextremelyopposedtochangingourwayoflife, Ourpeopleworkhardeverydayfortheopportunityto have and keepourpropertyrightsand ourhomes. Ourhomesare theveryplaceofourexistenceinthislife.

Nomatterwhattypedwellinganyonehas,theyhavetheexpectationthatthe neighboringdwellingswillbe similarto theirs.Thesebillstotallydestroythezoningclassi?cationforsinglefamilyhousing,andtotallydeprivelocalgovernmentsof our abilityto protect the propertyrightsand propertyvalues of ourcitizens.

Localgovernmentsknowandrecognizethe needforvarioustypesofhousingforourcitizens,andwe allmakea determinedetlorttowelcomealltypesof housingto suitthese needs throughgoodzoningdecisionsthat do notharmtheabilityto have and keepa singlefamilyhome. Passage ofthese billsintolawwillchange ourwayoflifeinthiscountryforever.

Don'tletthishappen— voteNOto these billsand letlocalgovernmentscontinueto be thevoiceofthe people.

Adopted this I/Adayof (MA;2021 bythe Mayor and Board ofA|dermen

ALDERMENBruce Boyer - Kcnny Crcws — Jenny Fulton — Joe L. Pinnix Jr. - Chris Thompson

220

......,-_-._.___’__..

7 MATTERS TO BE PRESENTED BY THE TOVVN ATTORNEY.

Mr. Wolfe noted that today is Star Wars Day, as May the Fourth be with you.

8 MATTERS TO BE PRESENTED BY THE MAYOR, BOARD OF ALDERMEN.

Alderman Thompson said that 4 citizens who have called him regarding an issue with beavers at

Old Kernersville Lake.

Mayor Pro Tem Fulton asked about the property at 308 East Mountain Street.

Mr. Hatling said that Brewer’s Kettle is coming into compliance by removing the metal facade.

Mayor Pro Tem Fulton asked if they are required to remove the garage doors.

Mr. l-Iatlingsaid no.

Mr. Swisher said that he does not think all ofthe metal siding has been removed.

Mayor Pro Tem Fulton asked if the property owner is being fined until the property is brought intocompliance.

Mr. Hatling said the owner is not being ?ned as long as he continues to remove the siding.He said that he would have to get back to Mayor Pro Tem Fulton regarding the timeline for cominginto compliance.

Mayor Pro Tem Fulton asked about the wording on letters that went to citizens with violations.

Mr. Hatling said the wording has been updated.

Mayor Pro Tem Fulton mentioned water issues in older subdivisions. She suggested having anengineering study done for some of these locations.

Mr. Maltba said there is only 1 city, Charlotte, that is allowed by the State to work outside of thepublic right-of—way.He said that there are a few other municipalities that engage in cost-sharingprograms. He said that Winston—Salemeliminated their program because citizens were not able topay their portion of the shared cost.

Mr. Swisher said that the Town may be able to do something in one particular situation, but henoted that properties located at the bottom of a hill are going to have water issues.

l\)Xx)

Mayor Pro Tem Fulton asked ifthere will be a business park in the North Main Street and Macy

Grove Road extension area.

Mr. Hatling said that 4 large tracts to the west of North Main Street are zoned RS20 but are

designated for business park use in the Land Use Plan. He said that this would not be used for

retail types of businesses.

Mayor Pro Tem Fulton asked ifthe Macy Grove Road extension will go down the middle of the 4

tracts to create a split business park.

Mr. Hatling said yes.

9 ADJOURNMENT.

Alderman Thompson made a Motion to adjourn.Alderman Pinnix seconded the motion.

The Board voted 5-0 to adjoum at 10:42 PM.

at-—’VV\.°"-'Dawn H. Morgan, Mayor

Attest:

Keith Hooker, Town Clerk

1,Keith Hooker, Town Clerk of the Town of Kemersville, Nonh Carolina, do hereby certify thatthis is a true and Correct copy of the minutes ofthe meeting dL1lyheld on May 4, 2021.

Thisthe Z? dayof junk 520214

Keith elooker, Town Clerk

minutes town of kernersville, n.c. regular meeting …

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