MINUTES OF THE BOARD OF ALDERMEN TOWN OF KERNERSVILLE, N.C.

Transcription

1 MINUTES OF THE BOARD OF ALDERMEN TOWN OF KERNERSVILLE, N.C. BRIEFING SESSION MARCH 29, 2017 The Board of Aldermen of the Town of Kemersville met in a brie?ng session at 6:30 PM on the above date in the Town Hall Executive Conference Room at the Municipal Building at 134 East Mountain Street. Present: Mayor Dawn Morgan, Mayor Pro Tem Tracey Shif?ette, Aldermen Irving Neal, Kenny Crews, and Chris Thompson. Absent: Alderman Joe Pinnix. Staff Present: Curtis L. Swisher, Town Manager; Keith Hooker, Town Clerk; John Wolfe, Town Attorney; Robert Gale, Attorney with John Wolfe; Jeff Hatling, Community Development Director; Tim Summers, Police Chief; Chris Langham, Fire Rescue Chief; Gray Cassell, Chief Information Of?cer; Ernie Pages, Parks & Recreation Director; Franz Ader, Finance Director; Crystal Tanner, Human Resources Manager; and Ray Smith, Human Resources Director. Call to order and invocation. Mayor Morgan called the meeting to order at 6:35 PM and Mayor Pro Tem Shif?ette delivered the invocation. Mayor Morgan mentioned that Tom Ward passed away recently and there will be a celebration of life for him on May 13 from 3:00 PM to 5:00 PM at Fourth of July Park. 1. Brie?ng on the April 4, 2017 Regular Meeting Agenda 1 PUBLIC HEARING A. PUBLIC HEARING: Abigaile Pittman, Agent for Greenwood and Charles, Inc,, for properties located at 8_2g South Main Street and 809 Old Winston Road, Kemersville, NC, being all of PIN# S[ and containing a total of 1.46 acres more or less. Petitioner requests a (Single-Phase) rezoning from Highway Business District (HB) and General Business-Special Use District (GB-S) to Highway Business-Sgecial Use District HB-S]. Requested Use(s).' ABC Store, Access Easement; Arts & CraftsStudio; Banking and Financial Services; Child Care (Dr0p In);Child Care (Sick Children); Food or Drug Store; Furniture and Home Furnishings Store, General Merchandise Store; Government O?ices; Habilitation Facility C; Hardware Store; Health Services, Miscellaneous; Hospital or Health Center; Medical or Dental Laboratory; Medical and Surgical O?ices; Museum or Art Gallery; Nursery, Lawn and Garden Supply Store, Retail; O?ices, Miscellaneous; Professional 0jj ice; Restaurant (without drive-through service); Retail Store, Specialty or Miscellaneous; School, Private; Services, Business A; Services, Personal; Testing and Research Lab; and Veterinary Services. Zoning Docket K

2 Mr. Hatling stated that this is the vacant lot behind Papa John s. He explained that the driveway entrance on South Main Street will be eliminated. He said that Staff and Planning Board recommend approval. B. PUBLIC HEARING: Curtis Swisher, Agent for the Town of Kernersville, for consideration of an amendmentto the Kernersville Development Plan to amend the Thoroughfare and Street Plan regarding the proposed street network between Old Winston Road, Hopkins Road, Durham Street and Lambeth Farm Lane. Plan Docket KDP-45 Mr. Hatling explained that this amendment is associated with the next rezoning case. He said that it will eliminate a street connection to Hopkins Road and make a few other minor changes. He said that Staff and Planning Board recommend approval. C. PUBLIC HEARING: Barry Siegal, Agent for Owners, for properties located in the 800 Block of Old Winston Road at Holly Tree Drive, being all of PIN# S[ , , , , , , ,and containing a total of 25.4 acres more or less. Petitioner requests a (Single-Phase) rezoning from RS12 to Residential, Multi-Family 8 Units/Acre RM8-S [. Requested Use(s): Residential, Single Family; Residential, Multifamily; Residential, Townhouse; and Planned Residential Development (PRD). Zoning Docket K-752 Alderman Thompson said that he will have a con?ict of interest since he is the listing broker on this property and will ask the Board to be excused from any discussion on this item. The Board indicated a willingness to do that. Mayor Morgan asked if he should also be excused from Item B since it is directly related. Mr. Wolfe advised that he probably should be excused from both items. Mr. Wolfe also stated that he represents the property owners as an attorney and is not representing the Town. He stated that he will not be able to give the Board any legal advice on the matter. Mayor Morgan said that if any Board members have legal questions, an outside attorney can be hired for this matter. The consensus of the Board was that outside legal advice would not be needed. Mr. Hatling explained that the driveways and parking lots will not need to meet Town standards as they are all privately maintained access drives. He said that Staff and Planning Board recommend approval. Alderman Neal positively referenced a similar project in Lewisville. 223

3 2 PUBLIC SESSION A. SPEAKERS FROM THE FLOOR B Annual Reports and Budget Requests: Kemersville Chamber of Commerce Kemersville Cares for Kids Kemersville Community Appearance Commission Senior Center Senior Services Mayor Morgan said that these are the remaining requests for the upcoming?scal year. C. Consideration of Budget Amendment #6 for FY Mr. Swisher explained that the primary purposes for the amendment are mold remediation at Fire Station 41 and the Lihmil water line extension. He stated that the water line would be reimbursed with funds from the water/ sewer fund with the City/County Utility Commission. D. Discussion regarding the submission of a PARTF Grant Application for Improvements at Ivey M. Redmon Sports Complex. Mr. Swisher said that a public input session has been held related to the improvements. He said that the $500,000 grant would commit the Town for 25 years to the continued use of the funds for the purpose listed in the grant, and the Town would also be required to complete the project within 3 years. He said that after having a discussion with Mr. Pages, it has been determined that the Tovm will probably not apply for the grant due to the restrictions within the grant. Mr. Pages explained the difficulty in changing the project to a use not listed in the grant application. 3 CONSENT AGENDA: All of the following matters are considered to be routine by the Board of Aldermen and will be enacted by one motion. There will be no separate discussion unless a Board member or citizen so requests, in which event the matter will be removed from the Consent Agenda and considered under the following item. A. Approval of Minutes for March 1, 2017 Brie?ng Session. B. Approval of Minutes for March 1, 2017 Closed Session. C. Approval of Minutes for March 7, 2017 Regular Session. D. Forsyth County Tax Refund. 224

4 2. Matters to be presented by the Town Manager and Town Attorney. Mr. Swisher said that the estimated cost of the original plan for the new?re station has increased to $7.2 million. He said that he is recommending a modified version that will have an estimated cost of $6.8 million which will still have a training room that will accommodate all of the?re department employees and a display area for the antique?re truck. He requested Board approval to proceed with this architecturalchange. Alderman Neal made a Motion to proceed with this design as presented by Mr. Swisher. Alderman Thompson seconded the motion. Mr. Maltba presented a picture of the progress on the new Public Services building, which he said is on schedule and slightly under budget. Mr. Maltba said the Town is waiting on two property owners to sign right-of wayaccess for the greenway for construction to begin. He also said the Town will be receiving a waiver from the federal government for the protection of a long earedbat which has a habitat range that barely extends into the area of the greenway. Mr. Wolfe informed the Board that a bill (House Bill 310) has been proposed in the State legislature that would almost completely terminate the Town s ability to regulate the placement of small cell towers. He said that an individual company could submit as many as 100 applications at a time, and the Town would only have 10 days to deny an application. He indicated that the Board should discuss this at the meeting on April 4 and may want to pass a resolution regarding this bill. Mayor Morgan asked Mr. Swisher to send a letter to the Town s representatives in Raleigh that this bill will be discussed at the April 4 meeting and a resolution may be forthcoming. Alderman Neal asked if this is a way for cell tower companies to avoid the higher cost of larger towers. Mr. Wolfe said that is certainly a consideration. Alderman Neal indicated that he would support a resolution opposing House Bill 310. Mr. Wolfe said he would draft a resolution. At 7:30 PM, Alderman Neal made the following motion: It is my understanding, Madam Mayor, that there are certain matters about which our Town Attorney needs to advise us and which fall within the Attomey-Client privilege for discussion in closed session. I, therefore move, Madam Mayor that the Board go into closed session to confer with our Legal Counsel under the Attorney Clientprivilege. Mayor Pro Tem Shif?ette seconded the motion. 225

5 The Board returned to open session at 8:05 PM. Mr. Swisher said that the NCDOT improvements at South Main Street/Old Winston Road will cost about $1 million more than budgeted. He said that he will meet with NCDOT and ask if they can get more highway safety funds to cover that cost rather than passing that cost to the Town, which would make the Town s portion of the cost $1.9 million rather than $900,000. He also said that NCDOT is saying that the Town would have to pay the entire $6 million cost and then be reimbursed for the portion that is paid from Winston SalemMPO funds. Mayor Pro Tem Shif?ette said that the Town should not have to pay upfront and be reimbursed because projects already underway before the change was made are exempt from the change. Mr. Swisher said that the asbestos has been removed from the old School Tools building and that demolition is expected to begin this week. He added that there is a concrete vault in the?oor. 3. Adjournment. Alderman Neal made a Motion to adjourn the meeting at 8:15 PM. Mayor Pro Tern Shif?ette seconded the motion. Being no further business to come before the Board, the meeting was adjourned. Attest: Keith Hooker, Town Clerk 1, Keith Hooker, Town Clerk of the Town of Kernersville, North Carolina, do hereby certify that this is a true and correct copy of the minutes of the meeting duly held on March 29, This the /7# day of /1447, /4%; Keith Hooker, Town Clerk 226