Town of Mocksville Regular Board Meeting September3,2024  The Town of Mocksville Board of Commissioners met for the Regular Board Meeting on Tuesday, September 3, 2024 at 6:00 p.m. at thel Mocksville Town Hall located at 171 S. Clement Street.  Present: Commissioners Present:  Mayor, Will Marklin Jenny Stevenson Johnny Frye Justin Draughn Carl Lambert Rob Taylor  Absent:  Others Present: Ken Gamble, Town Manager Al Benshoff, Town Attorney Lynn Trivette, Town Clerk Chris Vaughn, Parks and Grounds Director Emily Quance, Human Resources Director/Deputy Clerk Rana Gaither, Administration Lead Brian Moore, Public Works Director Josh Collins, Fire Fighter  Jeannette Pitts, Director ofl Marketing and Community Development  Mayor Marklin called the meeting to order.  The Town of Mocksville Board paused for ai moment of silence. Mayor Marklin led the Pledge of Allegiance. Conflict of Interest Statement  "Pursuant to NC General Statutes and the Town ofMocksville Code of Ethics Policy adopted November 9th, 2010, amended of. Jan. 6, 2019 and further endorsed on August 9th, 2022, I would ask each ofy you before you adopt the agenda if there is any actual, potential, or perceived conflicts ofi interest with respect to any matter on the proposed agenda which will come before the Town Board ofCommissioners for consideration and/or decision at this meeting. Ifso, please speak up and let the Board know at this time  before the agenda is adopted." Adoption of Agenda  A motion was made by Commissioner Taylor 10 adopt the agenda as written. The motion was seconded by  Commissioner Lambert which carried by a nanimous vote. 5-0.  September 3, 2024    Citizen Comments  Mayor reads; Under GS section 160A-81.1, the Board shall provide one period for public comment per month. Public comments are a valued part oft the Board meeting but we also have to handle monthly business items. Ifyour public comment is not heard this month we provide the same opportunity at each month's Board meeting. Public comments are limited to 3 minutes per comment. The Mayor asks that groups appoint spokespersons for groups supporting the same position, especially when the number of people wishing to attend the meeting exceeds the capacity ofTown Hall. When the comments become repetitive and no longer provide new information then discussion for this meeting may be stopped. Asa reminder, the comment period is not a question and answer session. As always, thel Mayor shall provide  for the maintenance of order and decorum in the conduct of the comment period.  No one spoke.  Public Hearing for a zoning map amendment. D&D Land Partners, LLC has applied to rezone approximately 30 acres from Open Space Residential (OSR) and Highway Commercial (HC) to Highway Commercial Conditional (HC-C). The subject property is located off Koontz Road and Country Lane. The property is further described as Davie County tax parcel H40000087,  H40000008702 and H40000008703. Johnny Easter addressed the Board.  ZONING MAP AMENDMENT TOM24-H4-0087 Approximately 30 acres off Koontz Rd and Country Lane. STAFF REPORTTOTHE PLANNING BOARD  Planning Staff  June 13, 2024 Meeting Date LREQUEST C).  Johnny Easter  D&D Land Partners, LLC has requested rezoning of approximately 30 acres from Open Space Residential (OSR) OSR and Highway Commercial (HC) to Highway Commercial Conditional (HC-  II. PROJECTLOCATION HI. PROJECT PROFILE  The subject properties are located off Koontz Road and Country Lane. The properties are further described as Davie County tax parcel E00O0S,I600QNSTUA and H40000008703.  DAVIE COUNTY PIN: H400000087, H40000008702 and H40000008703  ZONING DISTRICT: HC and OSR  LAND USE. PLAN: General Commercial, Moderate Residential and Rural Residential  September 3, 2024    WATERSHED: N/A CROSS REFERENCE FILES: N/A APPLICANT: D&D Land Partners, LLC PROPERTY SIZE: Approximately 30 acres CURRENT LAND USE: Vacant PROPOSED LAND USE: Mixed  IV. PROJECT SETTING-SURROUNDING ZONING DISTRICTS AND LAND USES  DIRECTION LAND USE  ZONING OSR OSR GR & OSR HC  North East South West  Residential Vacant Residential Commercial  V.ZONING MAP  a 1 810 83  OSR  30 BE0O O  September 3, 2024    VI.AERIALMAP  VII. LAND USE MAP  GENERAL COMMERCIAL  RURAL RESIDENTIAL  1143 230 240 356,209 333 249 261 ma 802  COUN  September 3, 2024    VIII. LAND USE/ZONING HISTORY  Proposed Zoning  The Highway Commercial district is established to provide for auto-dependent uses in areas not amenable to easy pedestrian access. Iti is expected that the Highway Commercial district will serve not only the Mocksville Community, but the general region as well. Because of the scale and access requirements of uses in this category, they often cannot be integrated within the Town Center or  Neighborhood Center districts Mocksville Land Use Plan  The Town of! Mocksville Comprehensive Plan provides a clear and compelling vision for the future growth and well-being of our community. The 2019 Plan looks at past and current development trends and plans, analyzes demographic and economic data, gathers a broad range of community values and desires, and provides a shared vision for our future and a set ofrecommended goals, objectives and strategies to achieve this vision. The Plan provides a framework for decision-making and the allocation of resources related to the long-term growth and development of Mocksville. The Plan builds on existing assets while taking advantage of opportunities for improvement and growth. The Plan will be implemented through annual  budgeting, departmental work programs, zoning decisions, and development projects.  The Land Use map classifies this property with the land use category of General  Commercial, Moderate Residential and Rural Residential The Mocksville Comprehensive Plan states:  Facilitate steady managed growth in the most appropriate places while carefully preserving environmentally sensitive areas, especially along stream corridors, for water quality and natural Use the Future Land Use Map (Figure 25) and Existing Zoning Map (Figure 19) to encourage managed growth compatible with the Town's character, surrounding land uses, available Facilitate steady, managed growth, locating new development in the most appropriate places to foster a sustainable land development pattern that complements the character of our Town, while preserving and enhancing our valued historic, cultural and natural resources and open space as we Require new land development to coincide with our ability to provide adequate public services and Provide a wider selection of housing options and price ranges to help our older generation age in Preserve and enhance existing residential neighborhoods while striving to provide a wider variety ofs single-family and multi-family housing options and price ranges to best serve the needs of our  resource protection and toj provide recreational amenities and greenway trails.  infrastructure and services.  grow.  infrastructure (e.g. water, sewer, roads, parks & open space) place and to retain and attract younger generations.  growing community.  The Planning Board should consider one of the following actions:  Approve; the amendment we find that the zoning map amendment is reasonable and in the . A large portion property is designated General Commercial on the Future Land Use Mapi in the Comprehensive Plan. Most oft the surrounding properties are designated General  public interest because of the following findings: Commercial on the Future Land Use Map,  September 3, 2024    2. Al large portion of the property is currently zoned Highway Commercial. The property to the 3. The property is served by all Town-owned infrastructure and is located on a residential street. 4. The proposed rezoning meets the Comprehensive Plan Objectives 6 and Strategy 6.1 in that development in the Highway Commercial district encourages growth compatible with the 5. The map amendment ist reasonable because (i) the benefits to the landowners, the neighbors, and the surrounding community are that the property will be redeveloped; (ii) the action taken isi in the public interest because it may encourage redevelopment of the neighborhood; Deny; the amendment we: find that the zoning map amendment is unreasonable and not in the 1. Al large portion property is designated General Commercial on the Future Land Use Mapi in the Comprehensive Plan. Most oft the surrounding properties are designated General Commercial on 2. A large portion oft the property is currently zoned Highway Commercial. The property to the east 3. The property is served by all Town-owned infrastructure and is located on ai residential street. 4. The proposed rezoning meets the Comprehensive Plan Objectives 6 and Strategy 6.1 in that development int the Highway Commercial district encourages growth compatible with the Town's 5. The map amendment is unreasonable because (i) the benefits to the landowners, the neighbors, and the surrounding community are that the property will be redeveloped; (ii) the action taken is int the public interest because it may encourage: redevelopment of the neighborhood;  east is zone Highway Commercial  Town's character and available infrastructure and services.  public interest because oft the following findings:  the Future Land Use Map, iszone Highway Commercial  character and available infrastructure and services.  Defer the amendment for additional consideration.  IX. PLANNING STAFF Recommendations  The Town ofN Mocksville Comprehensive Plan identifies a large portion ofthis area as a General Commercial. A large portion of the property is currently zoned Highway Commercial. The proposed rezoning meets the Comprehensive Plan Objectives 6 and Strategy 6.1 in that development int the Highway Commercial district encourages growth compatible with the Town's character and available infrastructure and services. Based upon the following factors thel Planning Staff is in favor of the  proposed zoning map amendment.  X. PLANNING BOARD RECOMMENDATION  Asa Conditional use rezoning the Planning Board may consider any specific use oft the property uses in the Highway Commercial district as well as specific conditions agreed to by the applicant. The Board  should consider the following in making its recommendation:  September 3, 2024    1. Thej property's location and surrounding zoning & property uses.  2. Whether the proposed reclassification is consistent with the purposes, goals, objectives, 3. Whether the proposed reclassification is consistent with the overall character of existing  and policies ofa adopted plans for the area.  development in the immediate vicinity oft the subject property.  Conditions:  1)Development on the properties is limited to the following uses:  A) Residential building, single family B) Residential building, Townhouse C) Retail store, small and medium D) Offices, professional E) Medical and surgical offices,  F) Park and open space areas including athletic fields G) Recreational facilities, public or private H)J Restaurant, without drive-through service  2) The project will include streetscape elements reflective of the Town of Mocksville as shown  on Exhibit A, specifically:  1. Street Lights in keeping with Mocksville approved lighting detail. 2. Street trees planted 50' on-center with modification spacing based on proposed 3. Sidewalks as shown on Street Section per the Exhibit A.  driveways.  3)A traffic impact study willl be submitted with the first application for preliminary subdivision 4) The applicants/developers will affirm their assent to these conditions in writing within 24 hours of the date and time this map amendment is approved by the Board of Commissioners.  plat or site plan.  Johnny Easter said the Planning Board voted unanimously at the. June meeting.  Mayor continued the public hearing from the August meeting for comments in favor of or against. Ini favor of: David Tibbals from Charlotte Commercial Partners addressed the Board.  (6:09pm)  Our staff has been working on this proposal and have agreed on several conditions that were mentioned. The property is zoned highway commercial and can have up to. 300 houses but most likely we would  September 3, 2024    build 140 to 150.Iwanted to address the "well" citizen comment by saying development will be hundreds of feet away from the owners well. Iunderstand State Regulations that you cannot locate structures 50' near a well and wel have no plans to do SO. We petitioned to the County with the owners address to locate the well on the property and the County could not locate the well. We did reach out to the home owner to discuss, locate and survey the "well" and they chose not to meet with us. Ibelieve the mixed conditions will work well instead ofjust a residential building. The idea came from a project Iam working on now in Fort Mill, Village of Baxter and they have a combination ofretail, offices and restaurants. A small retail with this development would do really well in Mocksville and would like your support for the rezoning. I  am open for any questions. Against:  Joyce Whitaker addressed thel Board. development being discussed behind us:  Joyce lives at 162 Country Lane across the street from the 300 houses being built. Concerns are with the  More traffic and what about emergency situations; FD cannot even get to us  Road joining the property; an easement is involved Our working well in within this path  We were told an easement on a two lane wrong could not be done because of our working well We have been offered to fill our well or buy and we are: not interested; you can see the well because iti is a well house; it was built int the late 60's and Isure all was permitted or it would not Water draining to our house off of the new development-it was town homes now it is houses  bet there.  How can this developer get this road approved if others couldn't? Where are all the children going to go to school? The growth in this community is too much Does not meet our land use plan here in Mocksville  Board Discussion:  Commissioner Taylor asked how many houses were going to be built and questioned the traffic impact David" Tibbals responded 140 to 1501 houses and $300's to $400's range. We have reached out to  study. Will the study be before the sitemap or during the development? Commissioner Stevenson asked the price range oft the houses. NCDOT. The entrance between Knootz and Country Lane is satisfactory.  Mayor closed the public hearing (6:18pm).  To consider Statement ofConsistency and Reasonableness per N. C. General. Statue Section 160D-605 AI motion was made by Commissioner Lambert to deny the statement ofo consistency and unreasonableness: per NC GS Section 160D-605; the Board ofCommissioners) find that this land use code map amendment  is not reasonable. andi not in the public interest because ofthe jollowing,findmngs:  September 3, 2024    The property is designated General Commercial, Rural Residential or Neighborhood Residential on the Future Land Use Map in the Comprehensive Plan. Most ofthe surrounding, properties are designated. Rural or Neighborhood. Residential on the Future Land Use Map, except the 2) Part of the property is zoned Highway Commercial. The properties that border these parcels to the north is zoned a mixture of Highway Commercial. and Open. Space Residential. Allo ofthe property west oft the parcels is zoned Highway Commercial. The property to the south of the parcels is zoned a mixture ofOpen. Space Residenial/Highway Commercial/General Residential. The properly to the east is zoned Open Space Residential. 3) The property is served by all Town-owned infrastructure and is located between two residential streets which each have a traffic control. signal at their intersections with Hwy 601. The proposed drezoning does not meet the Comprehensive Plan Objective 1 in that it does not support the development of new small and mid-sized businesses tof fill current and future 5) The proposed. rezoning does nol meet the Comprehensive Plan Objective. 5 and. Strategy 5.2 in that development in the Highway Commercial district does not provide a wider. selection of housing options and price ranges 10 help our older generation age in place and to retain and attract younger generations by encouraging more, mixed-use developments including a wider 6) The proposed rezoning does not meet the Comprehensive Plan Objective 6 andi Strategy 6.1in that development in the Highway Commercial district does not encourage growth compatible with the Town' 's character". and available infrastructure and services. Most of the properties subject to this petition are designated. Rural Residential on the Comprehensive Plan Land Use Map. Highway Commercial development is not compatible with Rural Residential. 7) The map amendmen!. is not reasonable because () there is little or no benefit to the neighbors, and the. surrounding community by the development proposed, () the action taken is not in the public interest because it will encourage urban development oft the an area that is now rural, and (iii) il does not provide ai lower cost housing choice for those who wish to live in Mocksville.  properties to the west which are General Commercial.  employment and retail needs.  range of housing types & price ranges.  The motion was. seconded by Commissioner Frye which carried. by a unanimous vote. 5-0.  Communications from Boards, Commissions & Agencies  Mayor recognized the proclamations. Proclamation - Smart Start Month Proclamation - Constitution Week Proclamation - Family Promise of Davie County Week Proclamation - 911 Day of Remembrance Proclamation - Founding Fathers' Faith Awareness Month  September 3, 2024    FY23-24 Annual HRI Report - Emily Quance  The Town of Mocksville had a total of7 staffi injuries for FY23-24. The Town of Mocksville had a total of3 staff vehicle accidents for FY23-24. The retention rate for FY23-24 ending on June 30, 2024 is 84%.  Retention goal is 90% or above. 35 Year Trend - FY21-22: 93% FY22-23: 87% FY23-24: 84%  Turnover goal is 10% or less. 3Year Trend - FY21-22: 10% FY22-23: 20.3% FY23-24: 34.8%  The turnover: rate for FY23-24 ending on June 30, 2024 is 34.8%.  Longevity As ofJune 30, 2024 the Town has 45 full-time and part-time employees.  Less than 2 years: 15 employees - 33% 2-3 years: 11 employees - 24% 4-5 years: 9 employees- - 20% 6-10 years: 6 employees - 13% 11-15 years: 2 employees -4 4% 16-20 years: 1 employee - 2% More than 20 years: le employee-2%  Engaging Development Finance Initiative for Energy United Property Visioning & Planning DFIassist local governments with achieving their community economic development. DFI partners with partners with communities to attract private investment for transformative projects by providing The Town requested technical assistance from DFI in August 2024 in evaluating the redevelopment potential of a collection of! parcels, including the now-demolished former Junker's mill. The roughly 5- acre site was recently acquired by the Town from Energy United. Mocksville community leaders are interested in exploring how this property might be redeveloped into ai mix ofuses that align with the Town's goals for community and economic development. DFI is able to assist the Town by conducting high-level pre-development feasibility analysis in order to identify financially viable redevelopment  Process-  specialized finance and real estate development expertise.  scenarios for the former mill property.  September 3, 2024    Pre-Development Activities for "Project":  Conduct a community scan, which is an analysis ofmarket-relevant demographic and socioeconomic  data.  Establish priorities to inform potential strategies for reuse of the Project.  Collect and analyze relevant data fora aj parcel analysis to understand current conditions (sales trends, Conduct market research, including case studies for markets where available market data may not be sufficient, and a market analysis to assess the demand for development. (retail, office and residential) Conduct al high-level site analysis, examining infrastructure, building layouts to gain general  vacancy, land use, ownership, and underutilization.  understanding of development opportunities.  Conduct al high-level financial analysis to determine the feasibility of attracting private investment to the Project and identify development finance tools (federal and state tax credits, district designations etc.) Based on the analysis, evaluate the general redevelopment potential oft the Project and make  recommendations to the Town regarding next steps. tot the Town regarding the above scope of services.  Deliverables include presentations, summaries, and other documentation intended by DFI to be delivered  The timeline for completing the above scope ofs services is estimated to be five months.  The flat fee for the above scope ofs services is $61,650. on but needs consensus from the Board to move forward.  Town Manager says the $61,650 will come from the capital project ordinance (state grant) already voted  The Board agreed to move forward with DFI and their scope of services for the Project.  Code Enforcement Report - Brandon Emory and Isaiah Clonch  9001 N. Main Street initial inspection 4-17-23 to 2-8-24 hard deadline all property owners through tax records. Taxes are outstanding.  Spruce Street Properties numerous attempts but no response; notice of violations has been sent to  AUGUST HIGHLIGHTS  19NEW CASES WERE OPENED 36 WERE ABATED ANDCLOSED  101 HEARINGS ARE SCHEDULED FOR SEPTEMBER 9TH, INCLUDING:344 PARK  AVENUE: - JUNK VEHICLES  September 3, 2024    144 AZALEA DRIVE-J JUNK PILE, NUISANCEAUNK VEHICLE, AND AN 1054 YADKINVILLE ROAD - JUNK PILE. AND OVERGROWNLOT 214 WIKESBOROSIREET - JUNK PILE. AND OVERGROWNLOT HEARINGS ARE. ALSOS SCHEDULED FOR SEPTEMBER 23, 2024, FOR THE PROPERTIES AT: 564 AND. 580 EAST LEXINGTON ROAD  OVERGROWN LOT  Consent Agenda  A motion was made by Commissioner Draughn to adopt the consent agenda as presented. The motion was seconded by Commissioner Stevenson which carried by a unanimous vote of5-0. Items approved were: (A). August 6, 2024 Regular Board. Meeting and Closed. Session (B). Monthly. Financials (C) Tax  Releases and (D) Contribution Based Cap Report.  OLD BUSINESS NEW BUSINESS  Consider Selection of Sidewalk Extension Project for FY24-25  Town Manager addressed the Board.  Since late. June 2024Ihave been receiving feedback on the sidewalk segments the Board is considering to move forward with during FY24-25. The feedback has been received by email and through an online 1. From the Wilkesboro Street Roundabout up Yadkinville Road to Walgreens - Est. Cost- 2. From the Wilkesboro Street Roundabout down Wilkesboro Street to Meroney Street - Est. 3. From Valley Road down Wilkesboro Street through the Roundabout to the Senior Center- 4. From Main Street down Milling Road to Northridge Apartments - Est Cost $920,000  survey.  $562,000 Cost - $643,000 Est. Cost - $721,000  Iwill need Board guidance on which segment(s): you want to start work on so I can develop and send out A motion was made by Commissioner Lambert to approve #1 and #2 including an extra 40f section in front of the Senior Center. The motion was. seconded by Commissioner Taylor which carried bya  an RFP for engineering and design.  unanimous vote. 5-0.  September 3, 2024    Consider Using Powell Bill Funds for Sidewalk Repairs FY24-25  Town Manager addressed the Board.  Precision Safe Sidewalks removed trip hazards present in our downtown sidewalks in FY2022-23. The work was impressive and we received a great deal of positive feedback from walkers and runners. Ia asked Public Works Director Brian Moore to request a quote for repairing all ofthe remaining sidewalks in FY2024-25. Iam requesting that we complete this maintenance in addition to constructing a new sidewalk segment. The cost for Phase 2i is $58,1 130 and the work can be completed in al little over a week A motion was made by Commissioner Draughn to approve using Powell Bill Funds to complete phase 2 sidewalk maintenance in addition to constructing ai new sidewalk. segment in the amount of $58,130. The motion was seconded. by Commissioner Taylor which carried by a unanimous vote. 5-0.  once it is on the contractor's schedule.  Consider Adopting Resolution to Amend ABC. Agreement  Town Attorney addressed the Board.  Amending 7. Distribution of Net Profits from 70% Mocksville and 30% Cooleemee to:  1. "7. DISTRIBUTION OF NET PROFITS: Profits will be distributed in the following manner: Distribution of profit willl begin upon the opening ofas store in Mocksville, or by December 21, 2018, whichever is earlier. For the first five years, the net profits will be split equally (50/50) between Mocksville and Cooleemee. After that, profit will be distributed according to the  following formula:  Beginning with the distribution oft the profits accruing in the quarter beginning July 1,2024, all liquor by the drink/ spirituous liquor to retailer(s) profits will be split sixty percent (60%) to Mocksville and forty percent (40%) for Cooleemee; In-store profits will be distributed as a split sixty percent (60%) to Mocksville  and  and forty percent (40%) to Cooleemee.  A motion was made by Commissioner Frye to adopt resoltion to amend. ABC agreement 7. Distribution ofNet Profits from 70% Mocksville and Cooleemee 30% to. Mocksville 60% and Cooleemee 40%.. The motion was seconded by Commissioner Stevenson which carried by a unanimous vote 5-0.  Communication from Town Staff Town Attorney Al Benshoff: N/A you informed during the process.  Town Manager Ken Gamble: Street lighting project will start in Octoberi instead of September. Lwill keep  Communication from Mayor and Town Board  Commissioner Lambert: N/A  September 3, 2024    Commissioner Taylor: N/A Commissioner Stevenson: Thanks everyone. Commissioner Frye: N/A Commissioner Draughn: N/A Mayor Marklin: N/A  Motion to enter closed session per NC GS 143-318.11 (a)(3) and (6) to preserve the attorney-client AI motion was. made by Commissioner Taylor to enter closedsession. The motion was. seconded. by A motion was made by Commissioner Taylor to re-enter open session. The motion was. seconded by  privilege and discuss personnel.  Commissioner Stevenson which carried by a unanimous vote. 5-0. Commissioner Lambert which carried by a unanimous vote. 5-0.  Consider Town Manager's New Contract  A motion was made by Commissioner Taylor to eliminate section 2.07- A and B in the Manager's contract, amending home address and amend2.01 - B that all salary adjustments afer September 3, 2024. shall be paid as one-time bonuses. The motion was seconded by Commissioner Stevenson which  carried by a unanimous vote 5-0.  Adjourn  AI motion was made by Commissioner Taylor to adjourn the September 3, 2024 Regular Board Meeting. The motion was. seconded by Commissioner Draughn which carried by a uanimous vote. 5-0. The attached documents are incorporated herewith and are hereby made aj part oft these minutes.  la  Milian gMal William J. Marklin, Mayor  dpn Masttie Lynn Trivette, Town Clerk, MMC, NCCMC  September 3, 2024