Waxhaw commissioners directed staff to bring a speed limit reduction near Kensington Elementary School to a formal vote next month and began shaping permanent rules for data center development at a packed work session Tuesday, Sept. 22.

The session also covered license plate reader oversight, a right-of-way abandonment and a tax rate breakdown. All five commissioners and Mayor Robert J. Murray III were present. The meeting ran from 6:32 p.m. to 10:15 p.m.

Data center rules take shape

Development Services Director Kevin Robinson told the board his staff has reviewed ordinances from roughly 40 jurisdictions nationwide. North Carolina ranks fourth nationally for data center regulatory activity, with 57 local governments taking some form of action, according to the town's research.

The board adopted a 12-month moratorium on new data center development on Aug. 11 under North Carolina General Statute § 160D-107. That moratorium expires no later than Aug. 10, 2027. No developer has applied to build a data center in Waxhaw.

Robinson said he prefers a "permitted by right with special requirements" approach for its objectivity and enforceability. Commissioners pushed back, citing concerns about public transparency. Commissioner Daniel Farris said the fast pace of data center technology could make a fixed list of by-right criteria hard to maintain.

Town Attorney Matthew Dellinger suggested a split approach: by-right approval for smaller facilities and conditional rezoning, with public hearings, for larger ones. The board directed staff to return with an update in November.

School speed limit reductions advance

Assistant Town Engineer James Kelly recommended the board lower the speed limit on Kensington Drive between Millbridge Parkway and Waxhaw-Marvin Road, in front of Kensington Elementary School. State law lets the board set lower limits near schools by ordinance without NCDOT approval.

Commissioners directed staff to bring that reduction to a formal vote at the Tuesday, Oct. 13, regular meeting. They also asked staff to pursue a separate reduction on Kensington Drive from Millbridge Parkway to the state line.

A second request targets Cuthbertson Road between Providence Road South/NC-16 and the existing 35 mph zone near the Southwest Regional Library and Cuthbertson Middle and High Schools. That stretch crosses three jurisdictions: Waxhaw, Union County and the Village of Wesley Chapel.

Because the road does not directly front a school zone, the school-zone statute does not apply. A successful petition to NCDOT would require coordinated support from all three. Town Manager Scott Dadson was directed to draft letters seeking that support.

License plate reader oversight debated

Police Chief Dexter Wilson and Sgt. Jeremy Ferguson briefed the board on Waxhaw's five fixed Flock Safety cameras. The system reads plates and photographs the rear of vehicles on public roads. It does not perform facial recognition, collect biometric data or enforce traffic laws, according to the presentation.

Data is deleted after 30 days unless preserved as evidence. Access is limited to trained law enforcement personnel, and all searches are logged and audited monthly by the chief.

The briefing followed a Sept. 8 public comment from resident Franklin Carrillo, who spoke in support of removing the cameras. "Flock is brilliant … It has helped us solve so many crimes," Wilson said in an Aug. 20 QC News article defending the same camera system.

Commissioner Richard Daunt proposed a formal policy banning facial recognition, RFID data collection and any LPR-based restrictions on freedom of movement. Commissioner Farris suggested requiring staff to notify the board before any expansion of camera capabilities. No date has been set for a formal policy vote.

Other business

The board voted 5-0 to adopt Resolution RES2026017, declaring intent to consider abandoning a 1.09-acre portion of Prescot Glen Parkway requested by Widewaters Prescot Ownership LLC. The parcel was never accepted, opened or maintained by the town. A public hearing is set for Tuesday, Oct. 27.

Town Manager Dadson presented a breakdown of the $0.29 property tax rate. Of every tax dollar collected, about 84 cents funds core operations, roughly 10 cents services debt and about 6 cents supports capital projects and transfers. The town's tax-supported revenue pool totals approximately $24.4 million.

The next regular meeting is Tuesday, Oct. 13, at 6:30 p.m.