Town of Bermuda Run Town Council Meeting Minutes February 8, 2022 - 6:00 PM  The Town Council of] Bermuda Run held its scheduled meeting on Tuesday, February 8, 2022.at Council Members Present: Mayor Rick Cross, Mike Brannon, Curtis Capps, Heather Coleman,  6:001 PM. The meeting was held at the Bermuda Run Town Hall.  Mike Ernst, and Melinda Szeliga  Council Members Absent: Also Present: Call to Order Pledge of Allegiance Moment of Silence  Lee Rollins, Town Manager; Cindy Poe, Town Clerk; Brian Williams,  Town Attorney  Mayor Rick Cross called the meeting to order.  Iti is the intent of the Town Council to solemnize the proceedings ofthis meeting and the business brought before the governing board, to offer the opportunity, for a reflective moment ofsilence. Council Member Melinda Szeliga made a motion to approve the agenda. Council. Member Heather Coleman seconded: the motion. The motion was approved by a vote offive (5) infavor and none  Adoption of the Agenda  opposed.  Approval of the January 11, 2022 Town Council Meeting Minutes  Council Member Mike Ernst made ai motion to approve the January 11, 2022 meeting minutes. Council Member Curtis Capps seconded the motion. The motion was approved by a vote offive (5) inj favor and  none opposed.  Proclamation: Recognition of] Black History Month Black History Month ini the Town of Bermuda Run.  Mayor Rick Cross and the Bermuda Run Town Council recognize the month of February, 2022 as  Attorney Brian Williams reviewed. the guidelines for public hearings. Public Hearing: Petition for Annexation of1 139 and 155 South NC Hwy 801  On December 20, 2021, the Town: received aj petition for contiguous annexation from the property owners of155 S.NC: Hwy 801 and 139 S. NC: Hwy 801. On. January 11,2022, the Town Council adopted a Resolution directing the Town Clerk to investigate the petition. On January 11, 2022, the Town Clerk presented a Certificate of Sufficiency oft the petition. The Town Council declared aj public hearing on the issue for voluntary contiguous annexation bel held at' Town Hall on Tuesday, February 8, Scott Miller with. MLA Design Group on behalfoft the petitioners spoke, offering assistance to anyone  2022 at 6:00pm. that had questions.  Mayor Cross Opened the Public. Hearing Mayor Cross closed the Public. Hearing    Council. Member Curtis Capps made ai motion to approve the annexation of139, S. NC. Hwy 801 and 155SNC Hwy 801 and to extend the town limits. Council Member Heather Coleman seconded the motion. The motion was approved by a vote offive (5) infavor and none opposed. Public Hearing: Zoning Text Amendment 2021-01 Food Trucks  The Town Council will review text amendments oft the Zoning Ordinance in sections 3.5, 9.61 and 12.3 regarding food trucks. Amy Flyte, Senior Planner with Davie County Development and Facility Services, reviewed that the purpose oft this text amendment is to consider adding a definition for food trucks, allowing temporary uses in all zoning districts, and specifying conditions for the operation of  food trucks.  Mayor Cross opened the Public. Hearing There were no public comments. Mayor Cross closed the Public Hearing  Council Member Heather Coleman made the following motion to approve: The Board finds that the amendment is consistent with the Town of Bermuda. Run Comprehensive Plan and considers the action to be reasonable and ini the public interest. Council Member Mike Brannon seconded the motion. The Public Hearing: Zoning Map Amendment 2022-01. Michael Kelley has applied to rezone 61 tracts of land totaling approximately 6.54 acres from Commercial Mixed (CM) and Club Residential (CR)to Village Mixed (VM). The subject properties are located east ofNC Hwy 801 South and West ofIvy  motion was approved by a vote offive (5) inj favor and none opposed.  Circle.  Mayor Cross opened the Public. Hearing expressing his support oft the rezoning. himself available for questions.  Georgia Maner of 160 Warwicke Place read a letter from Gary LeBlanc of 168 Warwicke Place Bobbie Thacker of 1331 N. Bermuda Run Drive expressed concerns about traffic and stormwater. Scott Miller ofMLA Design Group, 120 Club Oaks Ct. Suite 100, Winston-Salem NC will make Lindsay Tedder of1 133 River. Hill Drive - Shared negativity of residents that live "in the country club", stating that "nobody cares about us". Feels that since the property is not on the golf course, it will not Mike Kelley of290. James Way -1 the applicant - spoke oft the proposed project, stressing that he does Doug Arfmann of120 Warwicke Place agrees with the Planning Board's decision. Feels project would Keith Joyce of283 Orchard Park Drive - Traffic concerns. Has no confidence in the NCDOT. Ginger Baldwin of 120 Pembrooke Ridge Court shared concerns over control oft the zoning; compared  be taken care of.  not want anything else "commercial" on the property. be an eye-sore and would rather see medical offices there.  tol Forsyth County.  Mayor Cross closed the Public Hearing  Council. Member Mike Ernst made the motion to approve - The Town Council finds that the proposed general use rezoning is consistent with the Town of Bermuda. Run Comprehensive Plan, specifically the objective to support. steady, managed growth with additional residential andretail development and considers the action reasonable and in the public interest. Council Member. Heather Coleman seconded. the motion. The motion was approved by a vote offour (4) inj favor and one (1) (Mike  Brannon) opposed.    Public Hearing: 10/70 Request. Michael Kelley has applied to: request a 10/70 provision on 6.54 acres ofland. The subject properties are located east ofNCI Hwy 801 South and West ofIvy Circle. The North Carolina Administrative Code states that the local governments may allow upt to 10% oftheir watershed area to be developed and built upon up to 70%1 built-upon surface. The area built upon is then considered impervious. The remaining 30%1 that is not built upon is pervious. This is commonly referred to as the 10/70 option. Without the 10/70 option, the maximum impervious area is 24% ofthe  total site area.  Mayor Cross Opened the Public. Hearing  Scott Miller with MLS Design Group shared that the proposed project was asking for 56.1% oft the 70%  allowed. Council Member Mike Brannon asked for clarification.  Mayor Cross Closed the Public. Hearing  Council Member Melinda Szeliga asked ift the 10/70 request is for the project or for the land. The answer: is the land -1 there is a step in the process for stormwater as part ofthe permitting process. Council. Member Curtis Capps made ai motion to approve the 10/70 allocation. Council. Member Melinda Szeliga. seconded the motion. The motion was approved by a vote offive (5)i inj favor and none  opposed.  First Amendment to Landscape Maintenance Contract Effective February 13, 2022 Blakely Landscape Services was awarded a three-year agreement on February 13, 2019 for an annual price of$74,136 in twelve -month installments of$6,178 after a Request for Bids process. Due to the current market pricing instability and awaiting the proposed landscape plans with NCDOT for the I-40, /NC8 801 quadrants, the' Town Manager recommends approval of a one-year extension of the current agreement. The proposed annual price of services is $90,000 payable in twelve monthly installments of $7,500. Council Member Mike Brannon made a motion to approve the one-year extension ofthe current agreement. Council Member Heather Coleman seconded the motion. The motion was approved bya  vote offive (5) inj favor and none opposed. Public Comments- - NONE  Council/Town Manager/Mayor Comments  Mike Brannon Asked that everyone keep the family andj friends ofTrent Millslagle ofTanglewood Pizza in their thoughts as he was killed in the horrible crash on 158 last week. He explained his "NO" vote on the rezoning stating that it was "more risk than reward". He reaffirmed that he wants to listen Heather Coleman = The Council had tough decisions to make tonight and she thanked everyone for their opinions. We need places for people to live and that will help other businesses in the ared. She shared that she has not experienced an increase in traffic due to Comet, etc. andj feels this rezoning will Mike. Ernst - Thankful for large crowd, even though a lot left after the vote on rezoning. Tough decisions were made, and we need to control our destiny instead ofhaving it controlled for us. Asked all to look at area around the hospital and the probability offuture development. Where will they live? We need to grow in ai responsible, thoughtful way. There was a lot of homework and research before Curtis Capps = This was not a popular decision tonight. In the 25 years that he' 's lived in Bermuda Run, a lot ofchanges have happened that have not affected. his lifestyle. Decisions made are based on Melinda Szeliga - Gaining another lane (hopefully) at the 801/158 intersection will help with traffic flow coming, from 801 South. There has been a lot ofgrowth down. Hwy. 801 toward. Advance. Shared  to the voice ofthe residents.  make the Town a better place for us all.  tonight'sr meeting.  what is best for Bermuda Run, and he hopes people respect those decisions.    that she lived at Comet Bermuda Runj for a while and never. saw more than. 2 vehicles lined up to exit onto Hwy. 158 at one time. People are afraid ofwhat they don't) know. Gary LeBlanc was very against the project until he took the time to get more information, then he did a 180 after learning more. Emphasized that the vote tonight wasj for rezoning and notj for the actual Mike Kelleyproject. Lee Rollins - There 's not always going to be unanimous votes, and we learned that tonight. He applauded the wisdom and dedication in cooperation with the Planning Board and guidance from the Comprehensive Plan. He thanked the Town Council for the recent two half-day planning sessions, Mayor. Rick Cross - Thanked the Council for the way they went about making decisions. Thankeda all in attendance, adding that he. strives for continued engagement and awareness. The Comprehensive Plan is looked at as our Marching Orders' " and there will be a lot ofdiscussion and input needed  adding that it is his pleasure to serve as Town. Manager.  from residents as we update the Comprehensive Plan this year.  Adjourn  Withi no. further business to discuss, Council Member Heather Coleman made ai motion to adjourn. Council. Member. Melinda Szeliga seconded the motion. The motion was approved by a vote offive (5)  infavor and none opposed.  Approved Lbhs  Respectfully Submitted Gk  Rick Cross, Mayor  Cindy Poe, Town Clerk