Jamestown News - January 18, 2023

Page 1

Planning Board approves LDO amendment regarding PUD

The vote was not unanimous, but the majority of the Planning Board approved an amendment to the Land Development Ordinance.

The amendment relates to Planned Unit Developments (PUDs) and development agreements for such developments. D.R. Horton, Inc., has requested rezoning to PUD for property it owns along Guilford College and Mackay roads, formerly the Johnson property. The company also requested a development agreement be created between the Town and D.R. Horton.

“The [amendment] request was made by D.R. Horton’s attorney on their behalf,” said Katie Weiner, assistant town manager and clerk. “The language of the request was reviewed by the Town attorney (Beth Koonce), the Town’s land use attorney (Tom Terrell), and D.R. Horton’s attorney (Marc Isaacson). The purpose of the amendment is to further define the

role of development agreements as it relates to proposed Planned Unit Developments.”

(For full wording of the amendment, see the Jan. 4 Jamestown News.)

“Our zoning ordinance was not written for a project of this magnitude,” said Town Manager Matthew Johnson. “This amendment is meant to simply and clarify how development agreements work in relation to the LDO and to allow negotiation of higher-quality components. It better defines development agreements and helps solidify the intent the agreement shall govern where it outlines those items which have been negotiated … and where other laws shall govern.”

He noted that while both the Town and D.R. Horton worked on the development agreement, challenges were found to complete the agreement.

“There are some elements of the LDO that don’t mesh well with our [agreement] language,” Johnson added. “The LDO could not anticipate all the things in

such a negotiation.

“Cookie-cutter ordinances don’t adequately anticipate what every tract of land is going to bring,” said Terrell. “There are times when a developer wants flexibility. In this case, the town may want to have some flexibility to do things and create things that the ordinance does not necessarily allow. The current ordinance is not flexible enough.

“What we did is to change the rules that we play by. We need total flexibility, not the almost total flexibility that we currently have.”

Terrell added that the 3.2 units per acre that D.R. Horton is proposing is considered low density, and not high density as perceived by the public. Five units per acre is considered high density.

He was surprised to learn that people are concerned that there is no definition of “high quality” in the text amendment. He said the amendment did have a detailed definition of higher quality.

Both the Town of Jamestown and D.R. Horton have made con-

cessions to the draft development agreement.

The Town received D.R. Horton’s agreement that there would be no vinyl sidewalls on the buildings and windows anf landscaping would be placed on blank walls. Horton agreed to more open space including a two-acre park and pedestrian open spaces. Cul-de-sacs were reduced from 27 to 8 and sidewalks would be on both sides of interior streets as well as along Mackay and Guilford College roads. Anyone will be allowed to use the sidewalks, which will have several mile exercise places installed.

In return, D.R. Horton received expedited permits and plan reviews, shorter review times for infrastructure and utility installation, an upgraded sewer outfall, the use of alternative construction materials than what were required, among other items.

The Town also agreed to allow casitas, or cottage-style rental units, in the multi-family area.

D.R. Horton will pay for approximately 50 percent of a new

garbage truck to serve the development.

“The Town is benefitting considerably by this flexibility,” Terrell said. “But Horton does too. It allows us to avoid frivolous lawsuits.

“This is something the Town can use for the Town’s benefit anytime it wants to have a PUD project. You have to have a tract of land at least half this size before it’s financially sensible to spend all this time doing these negotiations.”

He noted that water regulations from the Randleman Reservoir would be followed.

Marc Isaacson briefly spoke, saying he appreciated the good work of the Town staff and Terrell.

“We support the amendment,” Isaacson said. He remarked that the hallmark of the amendment was flexibility, something Terrell also noted.

“This provides flexibility to the Town Council as the ultimate arbi-

Helping make transition a good thing

MOTIVATIONAL SPEAKER

GIVES TALK AT YMCA

Command Sergeant Major (Retired) Gretchen Evans will be speaking at the Ragsdale Family YMCA Jan. 22 at 2 p.m. on how to overcome obstacles that life presents. She speaks from experience having been injured in 2006 while serving in Afghanistan.

Her world changed when a rocket blast caused debilitating injuries to her, including a traumatic brain injury, internal injuries, and the loss of all hearing. With the help of her guide dog, her “rope team” of friends and supporters, and a healthy dose of grit she navigated her way through a changed life.

Evans is one of the most highly decorated female veterans who held leadership roles in multiple combat engagements in her 27 years in the Army, including overseeing more than 30,000 ground troops in Afghanistan. She worked her way up to Command Sergeant Major – the highest rank an enlisted soldier can achieve.

In 2019, Evans founded Team UNBROKEN, a mixed ability athletic team, and competed in the “World’s Toughest Race,” currently airing on Amazon Prime. A nationally-known motivational speaker, Evans recently received the Pat Tillman Award for Service at the 2022 ESPY Awards.

To register to attend her talk, call 336-882-9622 or email marlee.rindal@ymcagreensboro.org

BOARD OF ADJUSTMENT MEETS

Change can be both exciting and intimidating, especially when it involves moving to a new school. Sara Medlin wants to make the transition from lower levels of education to high school a positive experience.

A former teacher, Medlin accepted a new position in the fall of 2022 as head of Student and Family Engagement, a new program under the Title I umbrella at Ragsdale High School.

“Having been a teacher, I understand what should be happening,” Medlin said. “Now I think about what is happening and how to piece things back together.”

“After Covid, we wanted to reconnect with students, make it more like it used to be,” said Principal James Gibson. “I gave Sara the challenge to figure out how to do this. Students sometime have a difficult time transitioning to high school. We found this even more for students who were out of the classroom for a couple of years.”

JAN. 23

Jamestown’s Board of Adjustment will meet Jan. 23 at 6 p.m. in the Civic Center at Town Hall. The Board will consider a variance for side setback relief at 122 Wade St. from 5 ft. to 0 ft. in order to expand an industrial building.

The Technical Review Committee reviewed the request on Nov. 4 and discovered the proposed plans did not meet the required setback. There is a slightly sloping grade toward the southwest.

The property backs up to the Norfolk-Southern Railroad tracks on the south and this is where the owner would like to put a 19 ft. by 120 ft. addition. It would still be 100 feet from the railroad. Other vacant property nearby is unavailable as it is in the Deep River watershed and floodplain.

Medlin works with the high school freshman during the day, supplementing the many responsibilities of school counselors and supporting the students. But she also is seeking ways to connect feeder schools to Ragsdale.

“When my children were students at Millis Road Elementary, I remember football players going there to greet the kids,” Medlin said. “I have taken members of the football, varsity basketball and swim teams to Millis Road to connect to the students there as they left school for the day. This was a beginning because we could easily walk there. But we want to figure out how to do the same for other schools.

“Athletes are also an easy starting place. Coaches want their players out in the community. That is where I come in – to get them out there.”

Fire damages laundromat

Fire crews from Pinecroft Sedgefield as well as the City of High Point made quick work of a call of smoke coming from the side of The Wash Tub #2 laundromat at 730 W. Main St. on Jan. 10. The alarm came in at 3:41 p.m. Fire personnel found an exhaust fan on fire in the bathroom.

Jamestown Engine 46 extinguished the bathroom fire and located a fire in a room behind the dryers, which also was extinguished. Firefighters then ventilated the structure.

West Main Street was blocked while fire units were on the scene. Nine different fire apparatus and 22 personnel responded.

The incident report shows no one was injured in the fire and there was no loss of

property but $20,000 loss of the contents of the laundromat. Prior to the fire, the contents were valued at $50,000.

“Guilford County Fire Marshal’s Office arrived on scene and performed a fire investigation to determine cause and origin,” said PSFD Chief Derek Carson. “At this time, cause was still under investigation.”

The fire was under control by 4:01 p.m.

“Even these brief encounters by role models make a difference,” Gibson said. “Because of Choice schools in the county, there are a lot of educational opportunities for students. Ragsdale is a traditional high school and we want to excite kids about coming here.”

Medlin has already reached out to the principal and social workers at Jamestown Middle School about arranging visits there. One of the biggest problems to overcome is that elementary,

middle and high schools begin and end at three different times. This makes it harder for high schoolers to greet lower grade students as they arrive in the morning or depart in the afternoon.

Medlin also should to be at the high school during the day to support freshman there as needed.

Since the Student and Family Engagement program was only

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(Top left) sara Medlin is head of the new student and Family engagement program at Ragsdale High school. On separate occasions, members of the Ragsdale swim (top right), varsity basketball (bottom left) and football teams (bottom right) greeted students as they left Millis Road elementary school and helped them into vehicles for their ride home. Photo by Janice Gantt Tape blocks the entrance to the Wash Tub on West Main street after a fire on Jan. 10.

TR ans ITIO n

approved at the start of the 2022-2023 school year, Medlin had little time to prepare for the direction the program would take.

“But I am already looking toward next year and thinking how to help those freshman,” Medlin said. “I have talked to our counselors about starting a mentoring program between our students and those at Jamestown Middle.

Both Medlin and Gibson see this year as a foundation on which to build. As Medlin works with freshman at Ragsdale and begins to make connections between students there and those at

other schools, she also is thinking more about connecting to the community and what that might look like.

“Right now we are trying to bring the community into the school through Family Engagement Night,” Gibson said. “Also, representatives from businesses and the community college come to school and talk about their programs.

“The issue is how we can get the community into our school to help and how to get our students out in the community. What does help look like?

“During Covid, we had to look at technology. This year, we are looking at engagement, helping students get engaged with the school and community.”

There is always a transition period when a student begins high school. It has been even more obvious coming back after Covid.

“Right now I am working mainly with students transitioning into high school,” Medlin said. “But my overall goal is to help them find purpose and to leave school as successful as each individual can be.”

Family History of Breast Cancer Prompts Man to Get Examined

DEAR DR. ROACH: My mother and both of her sisters had breast cancer in their 30s, with my mother eventually passing after her third bout at age 43. They all grew up in the same house that I grew up in. I’m now a 34-year-old father of three small children. I don’t want to die early because I need to be around for them, but the generalized advice I’m seeing is that I don’t need a cancer screening until my 40s.

Am I overly sensitive, or am I missing something that I should potentially screen for? — M.M.

DEAR M.M.: With your mother and two aunts having breast cancer at such a young age, I would be concerned about an inheritable cancer gene such as BRCA1 and BRCA2. This gene may not have been identifiable at the time they had their cancers, as the first test became available in 1996. It is worth a discussion with a genetic counselor to consider testing for you.

Men with the BRCA1/2 genetic mutations are at risk to develop breast cancer themselves and are recommended to do monthly breast selfexaminations starting at age 35, with a clinician exam yearly. A PSA test is also recommended for men who

are positive for BRCA2 (and maybe for men with BRCA1), as men with these mutations are more at risk for prostate cancer at a younger age than average-risk men.

Although BRCA increases the risk of colon cancer, all men should get colorectal cancer screenings at age 45, regardless of BRCA status. Those with a strong family history of colon cancer should speak with an expert about the right time to begin screening.

I honor you for considering your family and expect you are doing as much as you can with your lifestyle to keep yourself healthy. A diet including plenty of fresh fruits and vegetables, with little to no processed meat, has been shown to reduce cancer risk as well as heart disease risk, which is still the major cause of death in industrial societies.

The most likely causes of death in men your age include motor vehicle accidents and suicide. These are not completely preventable, but driving safely, not texting while driving, never driving while intoxicated and seeking help with symptoms of depression go a long way at reducing your immediate risk so that you can continue to be there for your children.

DEAR DR. ROACH: I first tested positive for COVID eight days ago.

PU d

ter of this matter every time it comes before the Council. If the applicant can carry the burden of a higher quality project then, and only then, will this Council be empowered to allow a development agreement to have control over the terms of the ordinance.

“We set this up as a high bar (to apply to any project).”

Public hearing

During the public hearing portion, several people spoke about the environmental impact the D.R. Horton development would have.

Susan Dickenson pointed out that Jamestown is designated as being a critical watershed and the development would not be beneficial. She believes the less ambiguity the better.

Patricia Gray noted the 467 acres is larger than the White House and U.S. Capitol grounds combined. It is 353 football fields in area and 2.5 times larger than UNC-G. Undisturbed, the property has served the area very well environmentally.

Lisa Keck said there was data missing and studies that should be done before a decision is made.

Robert Frederick noted the timing of the amendment to the LDO was odd since there are three public hearings on the development currently going on. After a year development agreement negotiations, this new amendment now would affect the development. Between the Dec. 15, 2022, version and the Jan. 3, 2023, version of the development agreement, D.R. Horton asked to modify the PUD language.

Katie Gumerson said the amendment change is opening the door to letting D.R. Horton change the Town’s governing documents and re-write Jamestown’s history.

Brent Ayers believes the text amendment presents a lot of shortcuts and is not good for the Town, which needs to do a better job of holding the developer accountable.

Krisdena Reeser asked why the D.R. Horton decision has been delayed. The current PUD zoning section

Should I start Paxlovid now? — P.M. DEAR P.M.: This medicine has made a huge reduction in the number of people who get so sick from COVID that they need to be hospitalized, but only when used properly. This means it has to be used at the right time — ideally within 24 hours of getting sick and certainly within five days. It’s not likely to be of any help to you eight days after symptom onset.

The medicine is of most value to people who are at high risk of severe COVID. This includes people who are unvaccinated, people over 65 and people with high-risk conditions such as advanced HIV, organ transplantation or other severe problems with the immune system (including cancer chemotherapy and similar powerful drugs used for autoimmune diseases). Healthy, younger, vaccinated people with initial mild to moderate symptoms are at low risk for severe COVID (as of the time of this writing, with the omicron strains currently circulating) and do not benefit much from Paxlovid.

Dr. Roach regrets that he is unable to answer individual questions, but will incorporate them in the column whenever possible.

Readers may email questions to ToYourGoodHealth@med.cornell.edu. ©2023 North America Synd., Inc. All Rights Reserved

of the LDO should be followed because it was found reasonable and consistent. Would the company follow the current LDO or a new one. She reminded the Board that it had up to 190 days to make a decision on the text amendment. The Planning Board is not allowed to reply to questions during public comment.

Following the public comment portion, Planning Board members had a chance to discuss what they had heard.

Discussion and vote

“We’ve worked very hard to do what we can legally do,” said Sherrie Richmond. “I hope we do the best with the information we have. I believe the amendment is well-written.”

“It doesn’t weaken the Town’s position. It strengthens the position,” said Sarah Glanville, chair of the Planning Board, noting the text amendment applies to the D.R. Horton project but not only that project.

The vote was 7-1 in favor of recommending the adoption of the amendment. Dennis Sholl cast the negative vote, yet voted in favor of the statement of consistency, which was read by Ed Stafford. The statement found the amendment consistent with the Town’s Comprehensive Plan because the LDO amendment “adds language to strengthen the Town’s position in meeting key guiding principles of the Comprehensive Plan.”

The Town Council was scheduled to consider the amendment at its Jan. 17 meeting.

In other business, Sarah Glanville was re-elected chair and Ed Stafford reelected vice chair of the Planning Board.

The Jan. 9 Planning Board meeting is available for viewing at www.youtube.com/c/TownofJamestownNC. Stafford’s entire consistency statement is available at 1.17.43 of the video.

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NOTICE OF FORECLOSURE SALE NORTH CAROLINA GUILFORD COUNTY IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION BEFORE THE CLERK 22 SP 1593 IN RE:

LEGAL NOTICES

North Carolina, or the customary location designated for foreclosure sales, at 10:00 AM on February 1, 2023 and will sell to the highest bidder for cash the following real estate situated in Browns Summit in the County of Guilford, North Carolina, and being more particularly described as follows: Madison Township:

BEING all of Lot 51, Section II, Map 1, of Monticello Estates Subdivision, as per plat thereof recorded in Plat Book 55, Page 43, in the Office of the Register of Deeds of Guilford County, North Carolina. Together with improvements located thereon; said property being located at 7701 Newsome Court, Browns Summit, North Carolina.

Address of Property: 1909 Opal Drive, Greensboro, NC 27403

Tax Parcel ID: 28705

Present Record Owner: Solomon B. Sterling and Ariana M. Sterling a/k/a Solomon B. Sterling and Ariana M. Sterling Trustee may, in the Trustee’s sole discretion, delay the sale for up to one hour as provided in N.C.G.S. §4521.23.

Said property is sold subject to applicable Federal and State laws. A deposit of five percent (5%) of the amount of the bid or seven hundred fifty Dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale.

Under and by virtue of the power of sale and authority contained in that certain Declaration for Bellwood Village Association and recorded in the Office of the Register of Deeds for Guilford County, North Carolina in Book 3314, Page 1121, and because of default in the payment of the indebtedness thereby secured and pursuant to the demand of the owner and holder of the indebtedness secured by Claim of Lien 22 M 1857 and pursuant to an Order entered by the Clerk of the Superior Court for Guilford County, North Carolina, entered in this foreclosure proceeding, the undersigned Trustee will expose for sale at public auction to the highest bidder for cash at the usual place of sale in the Courthouse of Guilford County, in the City of Greensboro, North Carolina at 10:00 a.m. on Thursday, January 19, 2023, all that certain lot or parcel of real estate, including all improvements and fixtures located thereon, situated, lying and being known as 4101 BAYLOR STREET, GREENSBORO, NORTH CAROLINA 27455, more particularly described as Being all of Lot 1, Phase I, Section 1 of Bellwood Village Subdivision a plat of which is recorded in Plat Book 73, Page 48, in the Office of the Register of Deeds of Guilford County, North Carolina..

The present record owner of the property is Daniel Patrick.

The terms of the sale are that the property will be sold for cash to the highest bidder and a cash deposit not to exceed the greater of five percent (5%) of the amount of the bid, or Seven Hundred and Fifty Dollars ($750.00) may be required at the time of the sale. The property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “As Is, Where Is”.

Neither the Trustee nor the owner and holder of the indebtedness make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property being offered for sale, and any and all responsibilities or liabilities arising out of or in any way relating to any such conditions are expressly disclaimed.

The property will be sold subject to restriction and easements of record, any unpaid taxes, prior liens and special assessments, any transfer tax associated with the foreclosure, and any tax required to be paid by N.C.G.S. §7A-308(a)(1). The sale will be held open for ten days for upset bids as required by law.

PLEASE TAKE NOTICE: An order for possession of the property may be issued pursuant to N.C.G.S. 45-21.29 in favor of purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement upon 10 days’ written notice to the landlord. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.

Issued the 6th day of January, 2023.

Margaret M. Chase, Trustee of the Foreclosure 301 N. Elm Street, Suite 800 Greensboro, NC 27401 (336) 273-1600.

Jan. 11, 18, 2023

NOTICE OF FORECLOSURE SALE NORTH CAROLINA GUILFORD COUNTY IN THE

THE CLERK

22 SP 1601

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Gloria G. Flacks (PRESENT RECORD OWNER(S): Gloria G. Flacks, Heirs of Gloria G. Flacks: Carol Flacks, Eliot Flacks; Heirs of Eliot Flacks: Shaneya Flacks) to A. Grant Whitney, Jr., Esquire, Trustee(s), dated January 31, 1992, and recorded in Book No. 3934, at Page 0209 and rerecorded in Book No. 3947, at Page 0131 in Guilford County Registry, North Carolina. The Deed of Trust was modified by the following: A Loan Modification recorded on September 9, 2015, in Book No. R 7739, at Page 1828, default having been made in the payment of the promissory note secured by the said Deed of Trust and the undersigned, Substitute Trustee Services, Inc. having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds Guilford County, North Carolina and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse, West Door U-G Level in Greensboro, Guilford County,

Subject to all restrictions, easements and rights of way of record, if any, and ad valorem taxes for the year 1992. Rerecorded to add Maturity Date.

Trustee may, in the Trustee’s sole discretion, delay the sale for up to one hour as provided in N.C.G.S. §45-21.23.

Should the property be purchased by a third party, that party must pay the excise tax, as well as the court costs of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by N.C.G.S. §7A-308(a)(1).

The property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance “AS IS, WHERE IS.” Neither the Trustee nor the holder of the note secured by the deed of trust/security agreement, or both, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either the Trustee or the holder of the note make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property being offered for sale, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition are expressly disclaimed. Also, this property is being sold subject to all taxes, special assessments, and prior liens or prior encumbrances of record and any recorded releases. Said property is also being sold subject to applicable Federal and State laws.

A deposit of five percent (5%) of the purchase price, or seven hundred fifty dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale.

If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit.

Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee. If the validity of the sale is challenged by any party, the trustee, in its sole discretion, if it believes the challenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy.

Additional Notice for Residential Property with Less than 15 rental units, including Single-Family Residential Real Property An order for possession of the property may be issued pursuant to N.C.G.S. § 4521.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold.

Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may after receiving the notice of foreclosure sale, terminate the rental agreement by providing written notice of termination to the landlord, to be effective on a date stated in the notice that is at least 10 days but not more than 90 days, after the sale date contained in this notice of sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.

SUBSTITUTE TRUSTEE SERVICES, INC.

SUBSTITUTE TRUSTEE c/o Hutchens Law Firm P.O. Box 1028 4317 Ramsey Street Fayetteville, North Carolina 28311 Phone No: (910) 864-3068

https://sales.hutchenslawfirm.com

Firm Case No: 11013 - 46656 Jan. 18, 25, 2023 (1376)

AMENDED NOTICE OF SUBSTITUTE TRUSTEE’S FORECLOSURE SALE OF REAL PROPERTY 22-SP-1696

UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by Solomon B. Sterling and Ariana M. Sterling dated October 30, 1997 and recorded on October 31, 1997, in Book 4605 at page 926, in the Office of the Register of Deeds of Guilford County, North Carolina; and because of default in the payment of the indebtedness secured thereby and, pursuant to demand of the holder of the Note secured by said Deed of Trust, the undersigned Goddard & Peterson, PLLC (Substitute Trustee) will offer for sale at the courthouse door in the City of Greensboro, Guilford County, North Carolina, or the customary location designated for foreclosure sales, on February 1, 2023 at 10:00 AM and will sell to the highest bidder for cash the following real estate situated in the County of Guilford, North Carolina and being more particularly described in the above referenced Deed of Trust, together with all improvements located thereon:

Should the property be purchased by a third party, that party must pay the excise tax, any Land Transfer Tax, as well as the court costs of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by N.C.G.S. §7A-308(a)(1).

The real property described above is being offered for sale ‘‘AS IS, WHERE IS’’ and will be sold subject to all superior liens, unpaid taxes, and special assessments. Neither the Substitute Trustee nor the holder of the Note secured by the Deed of Trust being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representatives of either the Substitute Trustee or the holder of the Note make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property being offered for sale, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed.

The sale will be held open for ten (10) days for upset bids as required by law. If the Trustee or Substitute Trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit.

Reasons of such inability to convey title include, but are not limited to, the filing of a bankruptcy petition prior to the sale and reinstatement of the loan without knowledge of the Substitute Trustee(s).

If the validity of the sale is challenged by any party, the Substitute Trustee(s), in its/ their sole discretion, if it/they believe(s) the challenge to have merit, may declare the sale to be void and return the deposit. The purchaser will have no further remedy.

Additional Notice where the Real Property is Residential with less than 15 Rental Units: An order for possession of the property may be issued pursuant to N.C.G.S. § 4521.29 in favor of the purchaser and against the party or parties in possession by the Clerk of Superior Court of the County in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or/ after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement by providing written notice of termination to the landlord, to be effective on a date stated in the Notice that is at least ten (10) days, but no more than ninety (90) days, after the sale date contained in the Notice of Sale, provided that the mortgagor has not cured the default at the time the tenant provides the Notice of Termination. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of such termination. This is a communication from a debt collector.

The purpose of this Communication is to collect a debt and any information obtained will be used for that purpose, except as stated below in the instance of bankruptcy protection.

If you are under the protection of the bankruptcy court or have been discharged as a result of a bankruptcy proceeding, this notice is given to you pursuant to statutory requirement and for informational purposes and is not intended as an attempt to collect a debt or as an act to collect, assess, or recover all or any portion of the debt from you personally.

FN# 3057.08222 59292

Jan. 18, 25, 2023 (1312)

STOX Posting & Publishing, LLC 2701 Transit Road, Ste. 139 Elma, NY 14059

NOTICE OF FORECLOSURE SALE

NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION GUILFORD COUNTY BEFORE THE CLERK 22 SP 980

IN RE: FORECLOSURE OF A CLAIM OF LIEN HELD BY CANNON COURT CONDOMINIUMS ASSOCIATION FOR PAST DUE ASSESSMENTS ON 828 N. ELM STREET, UNIT A-4, GREENSBORO, NORTH CAROLINA 27401WHICH PROPERTY IS TITLED TO LARA MICHELE KATZ

NOTICE OF FORECLOSURE SALE

Under and by virtue of the power of sale and authority contained in that certain Declaration for Cannon Court Condominiums Association and recorded in the Office of the Register of Deeds for Guilford County, North Carolina in Book 3409, Page 135, and because of default in the payment of the indebtedness thereby secured and pursuant to the demand of the owner and holder of the indebtedness secured by Claim of Lien 22 M 1077 and

pursuant to an Order entered by the Clerk of the Superior Court for Guilford County, North Carolina, entered in this foreclosure proceeding, the undersigned Trustee will expose for sale at public auction to the highest bidder for cash at the usual place of sale in the Courthouse of Guilford County, in the City of Greensboro, North Carolina at 10:00 a.m. on Thursday, January 26, 2023, all that certain lot or parcel of real estate, including all improvements and fixtures located thereon, situated, lying and being known as 828 N. ELM STREET, UNIT A-4, GREENSBORO, NORTH CAROLINA 27401, more particularly described as Unit No. A-4 of Cannon Court Condominium, as described in the Declaration and as shown on the Plan of Condominium (the “Plan”) which is recorded in Condominium Plat Book 2, Pages 151-155, Guilford County Registry together with a 3.902 percentage undivided interest appurtenant to the Unit in all Common Areas and Facilities of said Condominium.

The present record owner of the property is Lara Michele Katz.

The terms of the sale are that the property will be sold for cash to the highest bidder and a cash deposit not to exceed the greater of five percent (5%) of the amount of the bid, or Seven Hundred and Fifty Dollars ($750.00) may be required at the time of the sale. The property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “As Is, Where Is”. Neither the Trustee nor the owner and holder of the indebtedness make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property being offered for sale, and any and all responsibilities or liabilities arising out of or in any way relating to any such conditions are expressly disclaimed.

The property will be sold subject to restriction and easements of record, any unpaid taxes, prior liens and special assessments, any transfer tax associated with the foreclosure, and any tax required to be paid by N.C.G.S. §7A-308(a)(1).

The sale will be held open for ten days for upset bids as required by law. PLEASE TAKE NOTICE: An order for possession of the property may be issued pursuant to N.C.G.S. 45-21.29 in favor of purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold.

Any person who occupies the property pursuant to a rental agreement entered into on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement upon 10 days’ written notice to the landlord.

Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.

Issued the 13th day of January, 2023.

Margaret

M. Chase Trustee of the Foreclosure

Higgins Benjamin, PLLC 301 North Elm Street, Suite 800 Greensboro, NC 27401 (336) 273-1600.

Jan. 18, 25, 2023

NOTICE OF FORECLOSURE SALE NORTH CAROLINA GUILFORD COUNTY IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION BEFORE THE

CLERK 22 SP 638

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Kerri Coleman (PRESENT RECORD OWNER(S): Kerri Coleman) to Devan L. Shumway, Trustee(s), dated August 23, 2019, and recorded in Book No. R 8188, at Page 2509 in Guilford County Registry, North Carolina, default having been made in the payment of the promissory note secured by the said Deed of Trust and the undersigned, Substitute Trustee Services, Inc. having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds Guilford County, North Carolina and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse, West Door U-G Level in Greensboro, Guilford County, North Carolina, or the customary location designated for foreclosure sales, at 10:00 AM on February 1, 2023 and will sell to the highest bidder for cash the following real estate situated in High Point in the County of Guilford, North Carolina, and being more particularly described as follows: All that certain lot, parcel or tract of land, situate and lying in the City of High Point, County of Guilford, State of North Carolina, and being more particularly described as follows:

Lying and being in Guilford County, North Carolina, and being more particularly described as follows:

Being all of Lot 20 Piper’s way map of which is recorded in Plat Book 93 at Page 80 in the-Office of the Register of Deeds of Guilford County, North Carolina. Together with improvements located thereon; said property being located at 3205 Pipers Way, High Point, North Carolina.

Property Address: 3205 Pipers Way High Point, NC 27265 Tax Parcel: 0206834

For Informational Purposes Only: Property Address: 3205 Pipers Way, High Point, NC 27265

4 Wednesday, January 18, 2023 | Jamestown News
FORECLOSURE OF A CLAIM OF LIEN HELD BY BELLWOOD VILLAGE ASSOCIATIONFOR PAST DUE ASSESSMENTS ON 4101 BAYLOR STREET, GREENSBORO, NORTH CAROLINA 27455WHICH PROPERTY IS TITLED TO DANIEL PATRICK
GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION BEFORE

Coffee Break

Salome’s Stars

Week of Jan. 23, 2023

ARIES (March 21 to April 19) Shutting people out to avoid distractions, even under a deadline, can cause hurt feelings. Instead, return calls and emails, and explain why you need a zone of privacy for now.

TAURUS (April 20 to May 20) Although your keen Bull’s eyes usually can discern what’s fact from what’s faux, that upcoming decision will need really solid data before you can risk a commitment.

GEMINI (May 21 to June 20) As your confidence grows, you should be able to work toward your goals with more enthusiasm. Open your mind to suggestions. Some of them might even work for you.

CANCER (June 21 to July 22) Reconnecting with someone from your past stirs up that old sense of adventure. But before you do anything else, be sure to get answers to any lingering questions.

LEO (July 23 to August 22)

Some people might resent the way you plan to resolve a difficult situation. But your commitment to making tough but fair decisions soon wins you their respect and support.

VIRGO (August 23 to September 22) Mixed signals could be causing that vexing workplace problem. Before you choose to leave the project, ask for a meeting so that you can get things out in the open.

LIBRA (September 23 to October 22) Your good intentions could backfire if you’re not careful with other people’s feelings. Try using persuasion, not pressure, to get others to see your side of the situation.

SCORPIO (October 23 to November 21) Your dedication to finishing the task at hand is laudable. But be careful not to overdo the midnight oil bit. Take time for relaxation with someone very special.

SAGITTARIUS (November 22 to December 21) Although your intuition will help you make some tough choices in the

first half of the month, you’ll need more facts to back up your actions later on.

CAPRICORN (December 22 to January 19) All that hard work and research in the workplace finally pays off as you hoped it would. Ignore comments from jealous types who are out to get the Goat riled up.

AQUARIUS (January 20 to February 18) An unfair decision creates unnecessary problems. But avoid anger and move carefully as you work this out. Expect to get support from an unlikely source.

PISCES (February 19 to March 20) A fuzzy financial vista persists until the end of the month, when things begin to clear up. You’ll also gain a better perspective on how to handle pesky personal problems.

BORN THIS WEEK: You have a wonderful way of being there for those who need your help in difficult times. ©2023 King Features Synd., Inc.

• Research has shown that girls and women who watched the TV series The X-Files were more likely to believe in the importance of STEM (science, technology, engineering and math) and to encourage their own daughters and granddaughters to pursue careers in those fields — something called “The Scully Effect” after the series’ female main character, Dana Scully.

• Pentheraphobia is the fear of your mother-in-law. There, folks, you now have an official name for it.

• In 2006, actor William Shatner, beloved by Star Trek fans as Captain James Tiberius Kirk, sold his kidney stone, complete with stent and string, to a casino for $25,000. While Shatner retained “visitation rights,” the complete proceeds were donated to Habitat for Humanity.

• Whack, zoom, out of the way! A table tennis ball can travel off the paddle at a speed of 105.6 mph.

• All of the world’s pandas are technically owned by China. The country leases

Strange But True Sudoku &

them to zoos in an act called panda diplomacy.

• Ever dreamed of being a swashbuckling buccaneer? Try attending MIT, where after completing courses in pistol shooting, fencing, archery and sailing, undergraduates can earn a bona fide Pirate Certificate. (Note: For entertainment purposes only!)

• On Dec. 19, 1881, Sir William Payne Gallwey, a retired conservative member of the British Parliament, died while out shooting on his estate, Thirkleby Park — but not from a gunshot. Instead, Gallwey suffered a fall and landed on a turnip, sustaining serious internal injuries to which he succumbed a few days later.

• Bananas get their curves by turning skyward as they grow, to absorb sunlight.

Thought for the Day: “Nobody grows old merely by living a number of years. We grow old by deserting our ideals. Years may wrinkle the skin, but to give up enthusiasm wrinkles the soul.” — Samuel Ullman

©2023 King Features Synd., Inc.

LEGAL NOTICES

Tax ID: 0206834

Trustee may, in the Trustee’s sole discretion, delay the sale for up to one hour as provided in N.C.G.S. §45-21.23. Should the property be purchased by a third party, that party must pay the excise tax, as well as the court costs of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by N.C.G.S. §7A-308(a)(1).

The property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance “AS IS, WHERE IS.” Neither the Trustee nor the holder of the note secured by the deed of trust/security agreement, or both, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either the Trustee or the holder of the note make any representation or warranty relating to the title or any physical, environmental, health or safety

conditions existing in, on, at or relating to the property being offered for sale, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition are expressly disclaimed. Also, this property is being sold subject to all taxes, special assessments, and prior liens or prior encumbrances of record and any recorded releases. Said property is also being sold subject to applicable Federal and State laws.

A deposit of five percent (5%) of the purchase price, or seven hundred fifty dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale.

If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit.

Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan

without the knowledge of the trustee. If the validity of the sale is challenged by any party, the trustee, in its sole discretion, if it believes the challenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy.

Additional Notice for Residential Property with Less than 15 rental units, including Single-Family Residential Real Property An order for possession of the property may be issued pursuant to N.C.G.S. § 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold.

Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may after receiving the notice of foreclosure sale, terminate the rental agreement by providing written notice of termination to

the landlord, to be effective on a date stated in the notice that is at least 10 days but not more than 90 days, after the sale date contained in this notice of sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.

SUBSTITUTE TRUSTEE SERVICES, INC.

SUBSTITUTE TRUSTEE

c/o Hutchens Law Firm

P.O. Box 1028 4317 Ramsey Street Fayetteville, North Carolina 28311 Phone No: (910) 864-3068 https://sales.hutchenslawfirm.com Firm Case No: 6638 - 25262 Jan 18, 25, 2023 (1376)

Wednesday January 18, 2023 5
Jamestown News | Wednesday, january 18, 2023 5
Crossword Answers
Need to place a notice? Call Charles at 336-316-1231!

Jamestown Town Council members, The Town of Jamestown’s NPDES permit expired February 2, 2022. This noncompliance issue has not been discussed publicly with the town residents nor town council since a 9 am “special meeting of the town council” on March 25, 2022 when the town’s utilities director asked that Blue Stream Environmental be hired to assist with the “upcoming” stormwater audit and NPDES permit. I am aware that the permit has been “extended” under some sort of allowance by the NCDEQ, but it is still an expired permit, just as the Eastside Wastewater Treatment Plant is still operating under a Special Consent Order. I understand the reasons and and the violations that necessitated the Eastside plant’s Special Consent Order. But the only reason an NPDES permit is expired is because either (a) the town can’t meet the permitting requirements, or (b) the town hasn’t the personnel nor professional resources to meet all of its obligations. Either way, this serves to prove my point - Jamestown is in no way, shape or form ready to take on a giant mega-project like the 1500-unit D.R. Horton project. If you think D.R. Horton doesn’t know this and isn’t thrilled about the prospects, then I’d like to sell you some land in Florida (with D.R. Horton homes on it).

As a local government that has land use authority and jurisdiction within the Randleman Lake Water Supply Watershed, The Town of Jamestown remains in noncompliance with the State of North Carolina’s 2020 mandate that the «REQUIREMENTS of Rule NCAC 15A 02B .0721 SHALL be implemented” to include a Comprehensive Stormwater Management Plan as defined in section (3) of that Rule, and SHALL implement local ordinances that meet or exceed the provisions of section (5) and (6) of that Rule. Sections (5) and (6) define the requirements for locations in the “Upper Part of the Randleman Watershed” and the “Lower Part of the Randleman Watershed.” Jamestown is located in both parts. Jamestown has refused to incorporate these requirements into its Land Development Ordinance, despite the mandate, and despite numerous requests by town residents.

Equally critical is the fact that The Town of Jamestown has not amended Section 6 of the town LDO

to incorporate the new BUFFER REQUIREMENTS of NCAC 15A 02B .0724, .0610, .0611 and .0612. Jamestown’s outdated Section 6 as it currently exists refers to outdated and nonexistent rules such as 15A NCAC 02B.0250, which reference old hard copy soil survey maps and USGS quadrangle topographic maps as ultimate authority when identifying streams and surface waters. This would affect the legal classification and protection of existing streams.

Additionally, section (14) of 02B .0724 REQUIRES a 100 foot VEGETATED BUFFER adjacent to perennial streams for ALL NEW high density development activities in the ENTIRE Randleman Lake watershed. All other streams in this watershed REQUIRE a 50-foot buffer. Jamestown’s outdated Section 6 makes no mention of this new requirement.

The Town of Jamestown is also way behind in incorporating the current Water Supply Watershed classifications into its maps, LDO text, Comprehensive Plan and application guidelines (note the Harvey Road rezoning application which uses the old (“CWA” and “GWA” watershed classifications).

The Town of Jamestown is in noncompliance with two of the six MINIMUM requirements for NPDES MS4 (Municipal Separate Storm Sewer System) permit holders:

It is not providing ongoing monitoring and public information with respect to Deep River, a 303(d) Impaired Waterbody and drinking supply source for the town, nor Bull Run, which stands to be greatly affected by the actions that take place in the proposed Horton development, nor any of the streams and surface waters that comprise the local water system, despite being in Protected and Critical Water Supply Watershed, and

The Town of Jamestown does not supply ongoing public education and opportunities for involvement in the stewardship and caretaking of the town’s drinking water supply and stormwater systems, other than a flyer posted on the town’s website. Nothing, for example, has been communicated to the town residents about the high levels of 1,4 Dioxane (which was just added to the EPA’s list of regulated contaminants) in Randleman Lake and Deep River. Nor has the town been able to answer questions about the monitoring of discharges by the companies

that hold NPDES permits along our waterways, what kind of monitoring is being done, and why effluent exceedance data is nowhere to be found for Chemcentral/Univar, APAC, Viking Polymers, Highland Containers, Martin Marietta Materials, High Point Landfill, Oakdale Cotton Mill and High Point Material Recovery Facility, among others. This is public information that, according to the EPA, residents have a right to know about without having to go through the process of filing an FOIA.

Most recently, the town’s complacency in refusing to address the foregoing has only increased the level of confusion, mistrust and ambiguity surrounding documents and discussion pertaining to the proposed NEW development of 1500+ residential units by D.R. Horton on a 467-acre Critical and Protected Water Supply Watershed Class IV undisturbed parcel of land.

D.R. Horton has paid hundreds of thousands, if not millions, of dollars in fines and remediation for the reckless and disgusting damage it has caused to streams and communities because of its noncompliance with, and disregard for, surface and groundwater protections, rules and ordinances: https://violationtracker. goodjobsfirst.org/?company_op= starts&company=D.R.+horton &offense_group=environmentrelated+offenses&agency_code=

To ignore D.R. Horton’s extensive history of violations and irreversible damage to waterways, streams and communities and not codify, clarify and set into stone every single protective rule, regulation, ordinance, guideline and law that exists to PROTECT JAMESTOWN, comes across as either sinister and intentional, or just profoundly ignorant.

It is UNCONSCIONABLE that the Town Council of Jamestown would spend another minute considering a single word of the D.R. Horton Development Agreement, without first getting JAMESTOWN›s house in order - updating its ordinance with current state and federal rules and protections, making sure the town has the staffing, training and experience to handle such an endeavor, and bringing all of its permits in order.

608

Drive Jamestown, NC 27282

a great Black-owned barbecue in trouble

Two years ago a Durham restaurant, Backyard Barbecue, gained national attention for being featured in “Black Smoke: African Americans and the United States of Barbecue” by Adrian Miller.

Miller believes that the story of the American tradition of barbecue cannot be told without attention to Back-owned barbecue establishments. He thinks African American barbecuers are not getting the recognition they deserve. On his short list of favorite African American barbecue restaurants, two are in North Carolina: Backyard BBQ Pit in Durham and Grady’s Bar-B-Q in Dudley near Goldsboro.

When you see Backyard’s rustic building about a mile from the intersection of N.C. 54 and N.C. 55, not far from I-40 Exit 278, it may remind you of the unpretentious location in Netflix’s still popular “House of Cards” where Freddie Hayes served up racks of ribs to the fictional South Carolina congressman and soon-to-be-president Francis Underwood, played by Kevin Spacey.

On my first trip to Backyard, I ordered a working man’s special barbecue sandwich with hushpuppies and baked beans. I paid $4.99 plus $1.29 for a small glass of iced tea. A delicious bargain.

The restaurant is not slick. It is just the opposite, deliberately, like an old roadside café from 75 years ago. The walls are covered with magic-marker comments from prior customers attesting to the good food. “We are a barbecue restaurant, but we serve lots of other foods that our customers enjoy.”

Though the decor is far from fancy, there is something hanging on the wall that many popular barbecue places lack: a certificate from the Campaign for Real Barbecue attesting that Backyard meets the standards of the very few barbecue restaurants that cook their barbecue slowly over wood coals.

I learned last week that Backyard is in trouble.

A family member explained in a “Go Fund Me” (https:// gofund.me/bd667d3b) appeal: “My name is Fabianne Simmons, one of the proud owners of Backyard BBQ Pit. We are proud to say that annually for 16 years we have fed our community free of pride and with dedication for our oncea-year customer appreciation day. Our notoriety stretches from East coast to West and in a couple of cases internationally! We have been featured on Yahoo, Yahoo Travel as the #1 BBQ in North Carolina, Southern Living as the best Eastern style BBQ, Man v. Food and much more! But with all the sweetness we’ve come to a rough patch.

“Currently, we are in a very distressed situation. On top of rising food costs and striving to recover from the pandemic, Durham’s hole in the wall is starting to cave in. Our equipment is outdated and as a result, we have been struggling to keep the doors open. We were not fortunate to receive any of the grant assistance many restaurants were gifted so we turn to you our family. With your help, we can come back strong and keep Backyard here in Durham where it belongs.

“Your prayers and donations will be much appreciated. Our goal is 50k to aid us in purchasing new equipment and necessary renovations. Please Help us to keep Backyard alive!”

When I first checked the GoFundMe web page, there were only a few reported donations—nowhere near the $50,000 goal.

It was a sad day, and I gave up hope that Backyard could survive.

But when I checked the next day, donations had grown to well over $20,000, and new donations were flowing in.

A successful fundraiser does not guarantee a successful future, but with so many fans who care enough to donate, I am betting that Backyard survives and thrives.

Raleigh lawyer Hugh Stevens agrees. He wrote me, “Over New Year’s we fed our children and grandchildren on their ribs, barbecue (pork and turkey), collards, and mac&cheese and sent them home happy.”

Next time you are close by, stop at Backyard and help them celebrate.

can find it all in the Jamestown News! Don’t miss out anymore.

Custom Decking • Patios • Fencing Home Repair • Handy Work & More CALL FOR FREE ESTIMATES! 336-689-7303 Immediately Hiring Skilled Builders! Call Andy at 336-689-7303 OPiniOn Wednesday January 18, 2023 6 Letter to the Editor
D.G. Martin, a retired lawyer, served as UNC-System’s vice president for public affairs and hosted PBS-NC’s North Carolina Bookwatch. Photo from Go Fund Me page
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