OF 207 West Second Street Post Office Box 519 Kenly, North Carolina 27542 Telephone: (919): 284-2116 Fax: (919)284-5229 Website: www.townolkenly/com April 10, 2023 -7 7:00 p.m. Regular' Town Council Meeting CARO Minutes COUNCIL PRESENT: HerbertHales II, Mayor Mark Smith, Mayor Pro' Tem Keith Davis, Council Member Bobby Peele, Council Member LaWanda Neal, Council Member 1 CALLTO ORDER STAFF PRESENT: Tony Sears, Interim' Town Manager Tymeeka Williams, Town Clerk John! Pitts, Public' Works Director James Ayers, Chiefof Police Dana Youst, Parks & Rec Director Leigh Gotshall, Library Director Marcus Burrell, Town. Attorney Partner Call to Order- - Mayor Herbert Hales, II Invocation - Council Member Keith Davis Pledge of Allegiance - Mayor Herbert. Hales, II Mayor Hales called the meeting to order at' 7:00 p.m. Council Member Davis offered the This portion oft the meeting is an opportunity, ford citizens to: speak on any issue concerning the Town of Kenly. Please note that each citizen is limited to a total of3 minutes*. Please direct all comments/concerns to thee entire councili rather than individual members. Further, its should be noted that the Town Council Invocation and Mayor Hales led everyone in the Pledge of Allegiance. 2 PUBLIC COMMENT reserves ther right to not act on items first presented at this meeting. *This time may be adjusted based on ther number ofcitizens who wish to speak. No Public Comments 3 ADUSTMENT/ADOFTON OF' THE AGENDA a. Adjustments tot the. Agenda b. Adoption oft the Agenda ACTION: Motion to adopt the Agenda as Presented Motion: Council Member Davis Second: Council Member Peele Vote: Unanimous 4 CONSENT. AGENDA (Items on the consent agenda are considered routine in nature or have been thoroughly discussed at previous meetings.. Any memberofthe. Board may request to have an item removed from the consent agenda for further discussion.) a. Draft Minutes ACTION: April 110,2023 - Regular Session Adoption of Consent. Agenda as Presented Motion: Council Member Davis Second: Council Member Peele Vote: Unanimous 5 INTRODUCTIONS AND SPECIAL PRESENTATIONS a. Introduction & Oath - NO Introductions or Special Presentations 6 PUBLICHEARINGS Rezoning Permit 1. $Section 156.202 Staffi Report Application Map Newspaper Advertisement Ordinance Presenter: Dale Holland, Interim Planning Director ** Public Hearing opened at 7:08pm** ACTION: Motion to Open Public Hearing Motion: Council Member Davis Second: Council Member Peele Vote: Unanimous Holland: Rezoning request wentl before Planning Board in March 2023.7 The rezoning request was denied unanimously by the Board7-0. Using the future land use map has thej property: zoned in R-20 (rural residential)! but requests to zone iti intol I-1 (lighti industrial) two categories. No developer at the time only for future land uses, hard to telll because there's no scale on map. Dale Moore- Business owner and Chairman- Economic Development for Johnston This rezoning will provide jobs; taxl base for Kenly. Kenly should fight for businesses tol build and provide economic growth for Kenly." The allowed use will be for the enrichment oft the community, Utilities increase ifbusinesses aren't allowed in kemy.Ihusinse/malasns: aren'tallowed in the community, Randy Jones- Economic Development for) Johnston County (Pine Level). Johnston County growth is #1 in the state. The county is purchasing Four Oaks Business Park. The county needs commercial andi industry to grow.. Allocate the: zoning with restrictions. Property must be rezoned. The county will use grant money from North Carolina to build infrastructure. There needs to be a comprehensive study and Planning. There could be mixed uses of property at NO costt to Kenly. It'sal No-lose situation. The capacity issue with Cottonfield: Housing Development. Project will not alleviate any problems with water/sewer. Ted Godwin- Johnston County Commissioner is a 32-year resident. Would like for Kenly to remain viable and achieve healthy growth. There should freedom from County. residents will consume the cost. adjustments and perimeters. Travis Narron- 879 Bay Valley Road Kenly NC- no more traffic; three cleared fields of wetlands. Itwill cost about $10K or more for the septic system. There the whole house can possibly be underwater. Kenly is rezoning for the unknown. Johnathan Ferrell of Ferrell Farms; family hasl been in Kenly for 220 years on family land. Family members buried on this land. The concrete from the concrete plant hasn't! been cleared out. This move is nota a win/win. There's been no surveyor oft to determine the soil type, wetlands. Thel D.O.TH has found thatt there are wetlands present and the delineation hasn'tbeen completed. $220K is expensive for the rezoning cost and cleanup of property. Thel land is beneficial to property owner because of trees. How much is enough? Chris) Ferrell- Water run off; ponds and contingency plans won'thelp. He wants tol have Crawfish ponds installed and will diei ift this rezoning occurs. Peggy Batten- 415 E: second Street Kenly NC (Petitioner) Stated that County came tol her about purchasing/annexing her land. Howell family owns land and no one Dale Moore: There is littlet to no properties int the area that has 100 acres ofland on one track. There are water ways, flooding and Hurricane season issues in consideration. Johnston County will foot the bill for contingencies necessary. Resa Ferrell- consideration ofletters presented to the Planning Board. Issues with traffic and school buses. The town is dealing with gentrification and displaced residents; Kenly needs to take care ofi its residents first. Expense of Current Zoning maps and Future Land use maps are not consistent., Large tracks willl bei runoff and doing or using that land. Kenly needs to pass the rezoning. people already in' Town of Kenly. are nota available or developed and aren'tbeing used **Public Hearing Closed and Return tol Regular Session** ACTION: Motion to Close Public Hearing Motion: Council Member Neal Second: Council Member Davis Vote: Jnanimous Council Member Smith (Mayor Pro-Tem)- too many discrepancies; requires further discussion as details are not clear, needs more information. Council Member Davis- The information is not clear and can't make an: informed decision. Additional answers are necessary and further clarity is needed. Council Member Peele- Both affirmative and negative sides have great points. Best interest is to receive more information. Do It Right Council Member Neal: Industry and growth is necessary buti in! backyard. Needs morei information about thel Light Industry districta and what is included and Light industry can include restaurants, self-storage: facilities, warehouses and office parks. There areas small number of wetlands in the zoning area, not full. made about moving forward. Johnston County has done preliminary look. Permitted usel has tol be done according to: zoning rules. Potential uses no evelopment/developer. Qualifications limited. No new evidence can be presented as Public Hearing is closed. This issue willl be tabled but no new evidence can be presented. 105 acres and 7 oft those acres are: farmed. This issue may go backt to the Planning Board as a new petition with further evidence. Ifthere is a flood plan it can be entered into evidence but soil analysis can't be considered. Water onj property does not make it Wetlands. Everyone is for] property rights untili it's your neighbor. Opportunity for town council still has say in what can be developed on land. Housel bill 252- allows property owner developers in Counites and Municipalities to stick tot their ownj plans. Farm Land has been losti in Kenly. Growth can'tbe stopped. Council can control the next 10 ACTION: Ordinance #2023-04-01 discussion TABLED until May 2023 Meeting; excluded. Decision needs tol be years but opportunities need tol be supported. Clarification No new information Motion: Council Member Smith Second: Council Member Neal Vote: Unanimous Recess was called at' 7:58am Meeting called back into session at 8:00pm 7 NEW BUSINESS 8 OLD BUSINESS a. a. NOI NEW BUSINESS PRESENTED 1. Resolution by Governing Body of Applicant- Stormwater AIA Study Presenter: Michael McAllister; Principal Project Manager, Municipal Engineering, Inc./Tony Sears Interim Town Manager Staff Report Resolution Not outside oft thel budget fort the' Town of Kenly reaffirm ACTION: Adoption of Resolution 2023-04 Motion: Council Member Peele Second: Council Member Neal Vote: Unanimous 9. TOWNI MANAGER, /STAFF REPORTS a. Town Manager Utility Bill Adjustment. Document Mr. Sears reported on one utility adjustments as follows: 604 W Seventh Street Kenly NC- Recommended. Adjustment tof$254.56 ACTION: Approval of Adjustment(s) as Requested Motion: Council Member Davis Second: Council Member Neal Vote: Unanimous compliance. Future land use plan- commitment: from Johnston county tol help with map beingi in Holland: recommends to move forward by July1,2023. Budget Process: Sears suggest that the' Town of] Kenly recycles the Budget for FY24. Current budget is sound and fiscally responsible. There will be tweaks and small changes and there will be reliefo on health insurance; retirement contribution will increase. Adopt June 30, 2023, changes can'tb be made after) July 1, 2023. Money in budget thatl hasn'th been: spent. Budget in surplus as the' Town of Kenly is understaffed. It's imperative to review budget and recycle. Administration will speak with department heads and receive: information for needs of department. Sears will reach out to council members for dates and times concerning budget discussion. b. Town Clerk Parks & Recreation Department Community Meeting Bi Annual Town of Kenly Spring Clean Up UNCS SchoolofGoverment Ethics for Elected Officials ACTION: INFORMATIONAL ONLY C. Chiefof Police: Hiring Officers training and standards. Will be hiring four officers;2 officers in the next two weeks and 2 officers sworn in within the next month. Partnering with McDonalds, Parks and Recreation and Library for programs with kids and the community, Its should take about eight weeks to transition from Johnston County officers tol Kenly Police Department. Primary goal is tol hire great officer. Hope tol hire d. Parks and Recreation: Director: Community meeting April 18th at 7pm. Interactive meeting. Feedback: from the community. Rebuilding foundation. Open trails and open spaces. Rebuild Youth. Athletics andi indoor pickleball courts. The baseball fields provide a. Informal Discussion - Empty Council Member seat that needs to be filled. Will discuss and have at total of seven officers in order tol have a full staff. an economic impact to the' Town of Kenly. 10. OTHER BUSINESS atMay 2023 meeting. b. Council Member Comments 11. CLOSEDSESSION 12. ADJOURNMENT a. Adjourn the Meeting With there being nothing further, this meeting was adjourned at 8:44pm. ACTION: Motion to Adjourn Motion: Council Member Davis Second: Council Member Neal Vote: Onanimous Dulyadopted this the 10th day of April, 2023 while in regular session. HerbertL Hales II Mayor: Town ofl Kenly