AGENDA REGULAR MEETING OF THE BOARD OF ALDERMEN TUESDAY, AUGUST 1, 2017 AT 7:00 PM KERNERSVILLE MUNICIPAL COUNCIL CHAMBERS 134 EAST MOUNTAIN STREET • CALL TO ORDER • INVOCATION BY ◦ REVEREND JOHN G. RIGHTS, KERNERSVILLE MORAVIAN CHURCH • PLEDGE OF ALLEGIANCE • CEREMONIAL PRESENTATIONS ◦ Presentation of a Proclamation for the 42nd Annual Honeybee Festival ◦ Presentation of a Proclamation for Water Safety Awareness Day The Board of Aldermen adopted the following policy on December 2, 2015. The Clerk shall prepare and have available at least one-half hour before each Board of Aldermen meeting, a card for each citizen to sign who wishes to be heard at a Public hearing or upon an agenda item. When an agenda item is denoted as a Public Hearing, persons attending shall be permitted to address the Board of Aldermen regarding the item under consideration, those speaking in favor speaking first and those against speaking second. Proponents and opponents shall each be given twenty (20) minutes of time to speak and may choose to allow one speaker to utilize that time or choose to allocate the time among different speakers. In the event that either proponents or opponents have not designated a speaker or speakers to represent that view, the Mayor shall divide the twenty (20) minutes by the number of speakers wishing to address the Board of Aldermen and each such speaker shall be allowed that given time within which to express his or her comments, ideas, concerns, expressions, and desires. After the opponents speak, the Mayor will allow the proponents five (5) minutes for rebuttal. If the proponents choose to exercise this option, the opponents will also have five (5) minutes for rebuttal. In the event that the proponents do not present a rebuttal then the opponents shall be given no further time to speak. The Town of Kernersville holds all public meetings in accessible rooms. Any individual with a disability that needs an interpreter or other auxiliary aids or services for this meeting should call 992-0404 (voice) or 993-0196 (TDD) at least 48 hours before the scheduled meeting. Questions concerning agenda items should be directed to the Town Page 1 of 183
183
Embed
Regular Meeting Of The Board Of Aldermen - Kernersville
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
AGENDA
REGULAR MEETING OF THE BOARD OF ALDERMEN
TUESDAY, AUGUST 1, 2017 AT 7:00 PM
KERNERSVILLE MUNICIPAL COUNCIL CHAMBERS
134 EAST MOUNTAIN STREET
• CALL TO ORDER
• INVOCATION BY
◦ REVEREND JOHN G. RIGHTS, KERNERSVILLE MORAVIAN CHURCH
• PLEDGE OF ALLEGIANCE
• CEREMONIAL PRESENTATIONS
◦ Presentation of a Proclamation for the 42nd Annual Honeybee Festival
◦ Presentation of a Proclamation for Water Safety Awareness Day
The Board of Aldermen adopted the following policy on December 2, 2015.
The Clerk shall prepare and have available at least one-half hour before each Board of Aldermen meeting, a card for each citizen to sign who wishes to be heard at a Public hearing or
upon an agenda item.
When an agenda item is denoted as a Public Hearing, persons attending shall be permitted to
address the Board of Aldermen regarding the item under consideration, those speaking in favor speaking first and those against speaking second. Proponents and opponents shall each be given twenty (20) minutes of time to speak and may choose to allow one speaker to utilize that
time or choose to allocate the time among different speakers. In the event that either proponents or opponents have not designated a speaker or speakers to represent that view, the Mayor shall
divide the twenty (20) minutes by the number of speakers wishing to address the Board of Aldermen and each such speaker shall be allowed that given time within which to express his or her comments, ideas, concerns, expressions, and desires. After the opponents speak, the Mayor
will allow the proponents five (5) minutes for rebuttal. If the proponents choose to exercise this option, the opponents will also have five (5) minutes for rebuttal. In the event that the
proponents do not present a rebuttal then the opponents shall be given no further time to speak.
The Town of Kernersville holds all public meetings in accessible rooms. Any individual
with a disability that needs an interpreter or other auxiliary aids or services for this
meeting should call 992-0404 (voice) or 993-0196 (TDD) at least 48 hours before the
scheduled meeting. Questions concerning agenda items should be directed to the Town
Page 1 of 183
Clerk at 992-0404.
1 PUBLIC HEARINGS
A. PUBLIC HEARING: Curtis Swisher, Agent for the Town of Kernersville, for a UDO Text Amendment
amending various chapters of the Unified Development Ordinance. Amendment intends to
make administrative corrections. Zoning Docket KT-230
A-1. Consideration of an Ordinance adopting said text amendment.
B. PUBLIC HEARING:
Public Hearing on the Proposed Financing of the Purchase of real property, paving of Town
of Kernersville streets, and construction of a new Fire Station.
B-1. Consideration of a Resolution approving a financing contract and terms to purchase
real property, paving, and construction.
2 PUBLIC SESSION
A. SPEAKERS FROM THE FLOOR
B. Presentation of Semi-annual Report by the Chamber of Commerce for In-kind Services.
C. First Reading of the Taxi Franchise Ordinance Renewal for Oak Ridge Cab Operated by John
H. Pegram.
D. Consideration of a Resolution Setting the Date for the Public Hearing to Change the Name of
a Portion of South Cherry Street to Southern Street.
E. Consideration of a Resolution Establishing Areas of Consideration for Annexation.
F. Presentation of Growth and Traffic Data 2016 Annual Report.
G. Presentation of Thoroughfare and Street Plan 2016 Annual Report.
H. Consideration of an Ordinance for Budget Amendment #1 for FY 2017-18.
I. Consideration of a Contract for the Purposes of Constructing a New Fire Station.
J. Consideration of a Resolution Authorizing a Financing Contract for the Purchase of
Equipment.
K. Consideration of an Employment Agreement with the Town Manager.
Page 2 of 183
L. Consideration of a Contract to Purchase Property for the Purpose of Constructing a Restroom
at the New Downtown Park.
3 CONSENT AGENDA:
All of the following matters are considered to be routine by the Board of Aldermen and will be enacted by one motion. There will be no separate discussion unless a Board member or
citizen so requests, in which event the matter will be removed from the Consent Agenda and
considered under the following item.
A. Approval of Minutes for June 21, 2017 Briefing Meeting.
B. Approval of Minutes for June 21, 2017 Closed Session.
C. Approval of Minutes for June 27, 2017 Regular Session.
D. Consideration of an Ordinance for Temporary Street Closings for the Downtown Trick or
Treat, Cross Country Meets, and the Kernersville Christmas Parade.
E. Consideration of a Resolution to Approve an Application for a Forsyth County DWI Task
Force Grant from the Governor's Highway Safety Program.
4 ITEMS REMOVED FROM CONSENT AGENDA.
5 SPEAKERS FROM THE FLOOR.
6 TOWN MANAGER’S REPORT AND MISCELLANEOUS.
7 MATTERS TO BE PRESENTED BY THE TOWN ATTORNEY.
8 MATTERS TO BE PRESENTED BY THE MAYOR, BOARD OF ALDERMEN.
9 ADJOURNMENT.
Page 3 of 183
1
Planning Board Report
To: Mayor Dawn Morgan and the Board of Aldermen
Cc: Curtis Swisher, Town Manager
Agenda Item Number: KT-230
Planning Board Date: 7/10/17
A. Curtis Swisher, Agent for the Town of Kernersville, for a UDO Text Amendment
amending various chapters of the Unified Development Ordinance. Amendment intends to
make administrative corrections. Zoning Docket KT-230
Jeff Hatling presented the following staff report to the Planning Board.
Staff Recommendations and Planning Board Actions
Members Present: Jim Waddell - Chairman, Margaret Burks, Nathan Meyer, Steve Hutchins,
Tom McDaniel, James Fradenburg, and LuAnn Davis.
Members Absent: Ed Green.
Not Yet Sworn as a Member (Absent): Chris Oakman
Staff Recommendation:
Text Amendment: Approval
Planning Board Recommendation:
Action: Motion made by Tom McDaniel to recommend approval of the text amendment as
presented by Staff.
Motion seconded by James Fradenburg.
Vote: (7:0) Motion approved.
For: Jim Waddell - Chairman, Margaret Burks, Nathan Meyer, Steve Hutchins, Tom McDaniel,
James Fradenburg, and LuAnn Davis.
Against: None
Community Development Director/Date: Jeff Hatling 7/13/17
Page 4 of 183
2
STAFF REPORT
UNIFIED DEVELOPMENT ORDINANCE
TEXT AMENDMENT
DOCKET: KT-230
PLANNING BOARD: 07/10/2017
PETITIONER: Curtis Swisher, Agent for the Town of Kernersville
REQUEST: Proposed Zoning Text Amendment to the Unified Development Ordinance (UDO)
by amending various sections of the Unified Development Ordinance to provide
non-substantive administrative changes.
REQUEST #1: A portion of Chapter B; Article II (2)(1)(6)(F) was inadvertently removed per
KT-227. Request to reinstate the following paragraph as shown in Section 1 of the attached Draft
Ordinance:
(F) Town of Kernersville Zoning Overlay Districts
(1) Purpose. The State of North Carolina General Statutes permit municipalities to establish
zoning overlay districts. Within the zoning overlay district, additional requirements may be
imposed over the underlying general use and special use zoning districts. The Town of
Kernersville recognizes, through an extensive community discussion process, that general use and
special use zoning districts alone cannot accomplish the goals of the community. It is determined
that zoning overlay districts offer the opportunity to develop growth management regulations that
will guide development towards accomplishing the community goals of maintaining
Kernersville’s small town atmosphere, creating a quality community, and improving the
community’s livability. These goals protect and enhance individuals’ welfare and market the
community for quality development.
REQUEST #2: Standards for Development Within the TO District table was removed per KT-
227, making this paragraph no longer applicable. Request to remove the following paragraph as
shown in Section 2 of the attached Draft Ordinance:
Chapter B; Article II, 2-1.6 (B)(2)(e)(vi)
(vi) Setback. Any new structure or vehicular use area, including parking lots, loading areas,
and driveways, and any addition to an existing structure or vehicular use area shall be set back a
minimum distance from the right-of-way line as indicated below:
REQUEST #3: Amend Chapter B; Article VI, Chapter C; Article IV, Chapter D (4)(E)(1), and
Chapter D(4)(H) of the Unified Development Ordinance to remove KT-199 adopted language
extending previously issued development approvals that were valid during a four-year window of
Page 5 of 183
3
time between January 1, 2008 and December 31, 2011. Request to remove the following language
as shown in Sections 3 – 7 of the attached Draft Ordinance:
For any development approval that is current and valid at any point during the period beginning
January 1, 2008, and ending December 31, 2011, the running of the period of the development
approval and any associated vested right under G.S. 153A-344.1 or G.S. 160A-385.1 is suspended
during the period beginning January 1, 2008, and ending December 31, 2011.
REQUEST #4: A majority of the counties in North Carolina as well as other states are using the
PIN (Parcel Identification Number) System, which has been recommended by the State of North
Carolina's Land Records Management Program since the late 1970s. Both Forsyth and Guilford
Tax Offices use PINs (Parcel Identification Number) as the primary identifier assigned to parcels
of real property by the tax assessor for purposes of identification and record-keeping. Request
update to reflect Tax PIN requirement vs. Tax Lot and Block, as shown in Sections 8 and 9 of the
attached Draft Ordinance.
RECOMMENDATION: Approval of Ordinance as submitted by Staff
Page 6 of 183
4
ORDINANCE NO. O-2017-__
KT-230
ORDINANCE PROPOSED BY THE TOWN OF KERNERSVILLE
AMENDING VARIOUS CHAPTERS OF THE UDO
REGARDING ADMINISTRATIVE UPDATES
Be it ordained by the Town of Kernersville, North Carolina, that the Unified Development
Ordinance is hereby amended as follows:
Section 1. CHAPTER B; ARTICLE II 2-1.6 (F) to be amended as follows:
(F) Town of Kernersville Zoning Overlay Districts
(1) Purpose. The State of North Carolina General Statutes permit
municipalities to establish zoning overlay districts. Within the zoning
overlay district, additional requirements may be imposed over the
underlying general use and special use zoning districts. The Town of
Kernersville recognizes, through an extensive community discussion
process, that general use and special use zoning districts alone cannot
accomplish the goals of the community. It is determined that zoning
overlay districts offer the opportunity to develop growth management
regulations that will guide development towards accomplishing the
community goals of maintaining Kernersville’s small town atmosphere,
creating a quality community, and improving the community’s livability.
These goals protect and enhance individuals’ welfare and market the
community for quality development.
Section 2. CHAPTER B; ARTICLE II 2-1.6 (b)(2)(e)(vi) to be amended as follows:
(vi) Setback. Any new structure or vehicular use area, including parking lots,
loading areas, and driveways, and any addition to an existing structure
or vehicular use area shall be set back a minimum distance from the right-of-
way line as indicated below:
Section 3. CHAPTER B; ARTICLE VI 6-1.2(A)(1)(e) to be amended as follows:
(e) Action Within One Year. No zoning permit shall be valid unless acted
upon within one year of issuance or renewed after written application. For
any development approval that is current and valid at any point during the
period beginning January 1, 2008, and ending December 31, 2011, the
running of the period of the development approval and any associated
vested right under G.S. 153A-344.1 or G.S. 160A-385.1 is suspended
Page 7 of 183
5
during the period beginning January 1, 2008, and ending December 31,
2011.
Section 4. CHAPTER B; ARTICLE VI 6-1.4(A)(4) to be amended as follows:
(4) Extension of Permit. A letter requesting an extension of time and
indicating the reason for such request, submitted prior to the termination
date and duly approved by the Board of Adjustment, shall extend the
validity of such permit for a period of six (6) months. No other extension
of time shall be granted. For any development approval that is current and
valid at any point during the period beginning January 1, 2008, and ending
December 31, 2011, the running of the period of the development approval
and any associated vested right under G.S. 153A-344.1 or G.S. 160A-385.1
is suspended during the period beginning January 1, 2008, and ending
December 31, 2011.
Section 5. CHAPTER C; ARTICLE IV 4-3.3(B) to be amended as follows:
B. Time Limit/Expiration
An approved plan shall become null and void if the applicant has failed to
make substantial progress on the site within one year after the date of
approval. The Stormwater Administrator may grant a single extension of
this time limit of up to one-year, for good cause shown, upon receiving a
written request from the applicant before the expiration of the approved
plan. Good cause for an extension shall include, but not be limited to,
weather conditions and Acts of God. For any development approval that is
current and valid at any point during the period beginning January 1, 2008,
and ending December 31, 2011, the running of the period of the
development approval and any associated vested right under G.S. 153A-
344.1 or G.S. 160A-385.1 is suspended during the period beginning January
1, 2008, and ending December 31, 2011.
Section 6. CHAPTER D (4)(E)(1) to be amended as follows:
(1) General. An extension of preliminary subdivision approval may be
approved for subdivisions which have not been recorded on final plats
within the two (2) year period after approval by the Elected Body. An
extension of preliminary subdivision approval, if granted, shall be for one
year and shall be renewable, however, no extension may be granted to
extend approval beyond five (5) years after the original date of preliminary
approval. Such extensions shall be considered only, when in the opinion of
Planning staff, there is no significant change in either the basic intent,
concept, and general layout as originally approved by the Elected Body or
Page 8 of 183
6
the conditions or regulations for the general area where the subdivision is
proposed. For any development approval that is current and valid at any
point during the period beginning January 1, 2008, and ending December
31, 2011, the running of the period of the development approval and any
associated vested right under G.S. 153A-344.1 or G.S. 160A-385.1 is
suspended during the period beginning January 1, 2008, and ending
December 31, 2011.
Section 7. CHAPTER D(4)(H) to be amended as follows:
(H) RECORDING FINAL PLATS The final or record subdivision plat shall
be prepared and submitted to Planning staff by the owner or owner's agent
and recorded in the office of the Register of Deeds within two (2) years after
the approval of the preliminary subdivision plat by the Elected Body or an
extension of preliminary subdivision approval as provided in Section 4(E)
or a revised preliminary subdivision approval as provided for in Section
4(F) must be granted. Plat(s) will be signed by Town Clerk when all the
following requirements have been met: For any development approval that
is current and valid at any point during the period beginning January 1,
2008, and ending December 31, 2011, the running of the period of the
development approval and any associated vested right under G.S. 153A-
344.1 or G.S. 160A-385.1 is suspended during the period beginning January
1, 2008, and ending December 31, 2011.
Section 8. CHAPTER B; ARTICLE VI 6-2.1(F)(3) to be amended as follows:
(3) List of Owners Not Notified. In the event all letters are not delivered, the
petitioner shall attach to the certificate a list containing the names and street
or mailing addresses and tax lot and block PIN numbers of the property
within the boundaries covered by the petition of all nonpetitioning owners
to whose addresses written notice was not delivered. This list of names and
addresses shall be included in the notice of public hearing which shall be
published in a newspaper as provided for in this Article.
Section 9. CHAPTER B; ARTICLE VI 6-2.1(F)(4) to be amended as follows:
(4) Advertisement. Such publication of the public hearing, together with the
names, addresses and tax lot and block PIN numbers of nonpetitioning
owners shall be made within one hundred and eighty (180) days of the
posting of the first letter to the nonpetitioning owner at such person's last
known address. Otherwise, said notification procedure shall start anew.
The Planning Board shall not advertise the public hearing until receipt of
the petitioner's certificate as provided above.
Page 9 of 183
7
Section 10. This Ordinance shall become effective upon adoption.
IN FAVOR:
None.
OPPOSED:
None.
Motion made by Tom McDaniel to recommend approval of the text amendment as
presented by Staff.
Motion seconded by James Fradenburg.
Vote: (7:0) Motion approved.
Page 10 of 183
ORDINANCE NO. O-2017-__
KT-230
ORDINANCE PROPOSED BY THE TOWN OF KERNERSVILLE
AMENDING VARIOUS CHAPTERS OF THE UDO
REGARDING ADMINISTRATIVE UPDATES
Be it ordained by the Town of Kernersville, North Carolina, that the Unified Development
Ordinance is hereby amended as follows:
Section 1. CHAPTER B; ARTICLE II 2-1.6 (F) to be amended as follows:
(F) Town of Kernersville Zoning Overlay Districts
(1) Purpose. The State of North Carolina General Statutes permit
municipalities to establish zoning overlay districts. Within the zoning
overlay district, additional requirements may be imposed over the
underlying general use and special use zoning districts. The Town of
Kernersville recognizes, through an extensive community discussion
process, that general use and special use zoning districts alone cannot
accomplish the goals of the community. It is determined that zoning
overlay districts offer the opportunity to develop growth management
regulations that will guide development towards accomplishing the
community goals of maintaining Kernersville’s small town atmosphere,
creating a quality community, and improving the community’s livability.
These goals protect and enhance individuals’ welfare and market the
community for quality development.
Section 2. CHAPTER B; ARTICLE II 2-1.6 (b)(2)(e)(vi) to be amended as follows:
(vi) Setback. Any new structure or vehicular use area, including parking lots,
loading areas, and driveways, and any addition to an existing structure
or vehicular use area shall be set back a minimum distance from the right-of-
way line as indicated below:
Section 3. CHAPTER B; ARTICLE VI 6-1.2(A)(1)(e) to be amended as follows:
(e) Action Within One Year. No zoning permit shall be valid unless acted
upon within one year of issuance or renewed after written application. For
any development approval that is current and valid at any point during the
period beginning January 1, 2008, and ending December 31, 2011, the
running of the period of the development approval and any associated
vested right under G.S. 153A-344.1 or G.S. 160A-385.1 is suspended
during the period beginning January 1, 2008, and ending December 31,
2011.
Section 4. CHAPTER B; ARTICLE VI 6-1.4(A)(4) to be amended as follows:
Page 11 of 183
(4) Extension of Permit. A letter requesting an extension of time and
indicating the reason for such request, submitted prior to the termination
date and duly approved by the Board of Adjustment, shall extend the
validity of such permit for a period of six (6) months. No other extension
of time shall be granted. For any development approval that is current and
valid at any point during the period beginning January 1, 2008, and ending
December 31, 2011, the running of the period of the development approval
and any associated vested right under G.S. 153A-344.1 or G.S. 160A-385.1
is suspended during the period beginning January 1, 2008, and ending
December 31, 2011.
Section 5. CHAPTER C; ARTICLE IV 4-3.3(B) to be amended as follows:
B. Time Limit/Expiration
An approved plan shall become null and void if the applicant has failed to
make substantial progress on the site within one year after the date of
approval. The Stormwater Administrator may grant a single extension of
this time limit of up to one-year, for good cause shown, upon receiving a
written request from the applicant before the expiration of the approved
plan. Good cause for an extension shall include, but not be limited to,
weather conditions and Acts of God. For any development approval that is
current and valid at any point during the period beginning January 1, 2008,
and ending December 31, 2011, the running of the period of the
development approval and any associated vested right under G.S. 153A-
344.1 or G.S. 160A-385.1 is suspended during the period beginning January
1, 2008, and ending December 31, 2011.
Section 6. CHAPTER D (4)(E)(1) to be amended as follows:
(1) General. An extension of preliminary subdivision approval may be
approved for subdivisions which have not been recorded on final plats
within the two (2) year period after approval by the Elected Body. An
extension of preliminary subdivision approval, if granted, shall be for one
year and shall be renewable, however, no extension may be granted to
extend approval beyond five (5) years after the original date of preliminary
approval. Such extensions shall be considered only, when in the opinion of
Planning staff, there is no significant change in either the basic intent,
concept, and general layout as originally approved by the Elected Body or
the conditions or regulations for the general area where the subdivision is
proposed. For any development approval that is current and valid at any
point during the period beginning January 1, 2008, and ending December
31, 2011, the running of the period of the development approval and any
associated vested right under G.S. 153A-344.1 or G.S. 160A-385.1 is
suspended during the period beginning January 1, 2008, and ending
December 31, 2011.
Page 12 of 183
Section 7. CHAPTER D(4)(H) to be amended as follows:
(H) RECORDING FINAL PLATS The final or record subdivision plat shall
be prepared and submitted to Planning staff by the owner or owner's agent
and recorded in the office of the Register of Deeds within two (2) years after
the approval of the preliminary subdivision plat by the Elected Body or an
extension of preliminary subdivision approval as provided in Section 4(E)
or a revised preliminary subdivision approval as provided for in Section
4(F) must be granted. Plat(s) will be signed by Town Clerk when all the
following requirements have been met: For any development approval that
is current and valid at any point during the period beginning January 1,
2008, and ending December 31, 2011, the running of the period of the
development approval and any associated vested right under G.S. 153A-
344.1 or G.S. 160A-385.1 is suspended during the period beginning January
1, 2008, and ending December 31, 2011.
Section 8. CHAPTER B; ARTICLE VI 6-2.1(F)(3) to be amended as follows:
(3) List of Owners Not Notified. In the event all letters are not delivered, the
petitioner shall attach to the certificate a list containing the names and street
or mailing addresses and tax lot and block PIN numbers of the property
within the boundaries covered by the petition of all nonpetitioning owners
to whose addresses written notice was not delivered. This list of names and
addresses shall be included in the notice of public hearing which shall be
published in a newspaper as provided for in this Article.
Section 9. CHAPTER B; ARTICLE VI 6-2.1(F)(4) to be amended as follows:
(4) Advertisement. Such publication of the public hearing, together with the
names, addresses and tax lot and block PIN numbers of nonpetitioning
owners shall be made within one hundred and eighty (180) days of the
posting of the first letter to the nonpetitioning owner at such person's last
known address. Otherwise, said notification procedure shall start anew.
The Planning Board shall not advertise the public hearing until receipt of
the petitioner's certificate as provided above.
Section 10. This Ordinance shall become effective upon adoption.
______________________________
Dawn H. Morgan, Mayor
Attested to:
________________________
Keith Hooker, Town Clerk
Page 13 of 183
ALDERMEN Kenny Crews - Irving Neal - Joe L. Pinnix Jr. - Tracey H. Shifflette - Chris Thompson
K ERNERSVILLE
N ORTH C AROLINA
P.O. Box 728 Kernersville, NC 27285-0728
Dawn H. Morgan, Mayor Curtis L. Swisher, Town Manager
134 East Mountain Street Telephone: (336) 996-3121
SEAL O
F THE
TOWN OF KERNERSVILLE , NC
INCORPORATED 1871
1756
MEMORANDUM To: Curtis Swisher, Town Manager
From: Franz Ader, Finance Director
Date: July 31, 2017
Subject: Real Property, Paving, and Fire Station Construction: Financing Recommendation
The following expenditures were approved for purchase in the Fiscal Year 2017-18 Operating Budget: Purchase of Land and Construction of a new Fire Station ($6,900,000), Purchase of Real Property ($552,000), and Paving of Town-owned Streets ($1,000,000).
The Finance Department submitted a proposal request to thirteen lenders for a loan financing contract in a total amount not to exceed $8,452,000 to fund the aforementioned. The funding proposal requested a fixed interest rate and a term of fifteen years for the Fire Station project and a term of ten years for the purchase of paving and real property. Two lenders responded with quotes: BB&T and First National.
FIRE STATION PROJECT ($6,900,000 with 15-yr Term)
LENDER INTEREST
RATE PREPAY.
PREMIUM CLOSING
COSTS DEPOSITORY REQUIMENT
BB&T Governmental Finance 2.63% 1% $1,450 none
First National Bank 1 2.19% 0% 2 $9,750 3 $690,000
First National Bank 4 2.45% 5 ? $250 6 $690,000
1 2.19% fixed interest for 8 years, then subject to rate adjustment to the market rate plus 1% for 7 years. 2 Bank Legal Fee=$3,500. Appraisal Fee=$3,750. Plan/Cost Review=$2,500. Does not include a $425 fee per site inspection. 3 10% of principal amount for the duration of the loan. 4 Interest rate swap option that requires an Independent Registered Municipal Advisor (cost unknown). 5 Standard ISDA Swap Prepayment Language? 6 10% of principal amount for the duration of the loan.
REAL PROPERTY AND PAVING PROJECT ($1,552,000 with 10-yr Term)
LENDER INTEREST
RATE PREPAY.
PREMIUM CLOSING
COSTS DEPOSITORY REQUIMENT
BB&T Governmental Finance 2.42% 1% $1,450 none
First National Bank 2.25% 0% 1 $8,750 1 $155,200
1 Bank Legal Fee=$3,500. Appraisal Fee=$3,750. Environmental Fee=$1,500. 2 10% of principal amount for the duration of the loan.
Page 14 of 183
Real Property, Paving, and Fire Station Construction: Financing Recommendation FYE18 Page 2 of 2
Regarding the Fire Station Project, BB&T Governmental Finance submitted the only proposal that met the specifications of a fifteen-year term with a fixed interest rate. Their loan consists of sixty quarterly payments with equal principal and a fixed interest rate of 2.63%. The total loan cost is $8,285,159 including a $1,450 loan closing cost.
First National Bank submitted two competitive loan proposals for the Fire Station project, each with their own conditions: one proposal contained an interest rate reset at year nine and the other contained an interest rate swap agreement. Also, both contained substantial depository account requirements and additional fees. Considering the aforementioned, these two proposals were deemed not to be in the best interest of the Town. Regarding the Real Property and Paving Project, BB&T Governmental Finance submitted a proposal for the Real Property and Paving Project that met the specifications of forty quarterly payments with equal principal and a fixed interest rate of 2.42%. The BB&T total loan cost is $1,745,937 including a $1,450 loan closing cost.
First National Bank submitted a loan proposal of 2.25% with the same term period. Including loan costs, their total loan cost is $1,739,336. When comparing the two lenders, the First National proposal bested BB&T’s by $6,601. However, the requirement of First National to open a 10% depository account for the life of the loan was deemed not to be in the best interest of the Town. In conclusion, based on BB&T’s submittal of financing terms that best meets the needs of the Town and the fact that the Town does not have a prevalence of loan prepayment, I recommend that BB&T Governmental Finance be awarded an installment financing contract in accordance with North Carolina General Statute 160A-20 for the completion of the Fire Station Project and the Real Property and Paving Project.
Action Requested: Board of Aldermen award a Fire Station Construction, Real Property, and Paving Project financing contract with BB&T Governmental Finance and approval of the attached Financing Resolution. Note: A financing contract will not be executed with any lender until the North Carolina – Local Government Commission (LGC) considers and favorably approves such at their scheduled meeting on September 12, 2017.
Page 15 of 183
RESOLUTION NO.
RESOLUTION APPROVING FINANCING TERMS WHEREAS: The Town of Kernersville, North Carolina (the “Town”) has previously determined
to undertake a project for financing several Projects (the “Project”): The Purchase of Land and Construction of a New Fire Station; the Purchase of Real Property; and the Paving of Town Streets. Furthermore, the Finance Officer has now presented a proposal for the financing of such Project.
BE IT THEREFORE RESOLVED, by the governing body for the Town of Kernersville, North Carolina as follows:
1. The Town hereby determines to finance the Project through Branch Banking and Trust Company (“BB&T”), in accordance with the proposal dated July 25, 2017. The amount financed for the Fire Station Project shall not exceed $6,900,000 and the term shall not exceed fifteen (15) years and the annual interest rate shall not exceed 2.63%. The amount financed for the Purchase of Real Property and Paving Project shall not exceed $1,552,000 and the term shall not exceed ten (10) years and the annual interest rate shall not exceed 2.42%.
2. All financing contracts and all related documents for the closing of the financing
(the “Financing Documents”) shall be consistent with the foregoing terms. All officers and employees of the Town are hereby authorized and directed to execute and deliver any Financing Documents, and to take all such further action as they may consider necessary or desirable, to carry out the financing of the Project as contemplated by the proposal and this resolution.
3. The Finance Officer is hereby authorized and directed to hold executed copies of
the Financing Documents until the conditions for the delivery of the Financing Documents have been completed to such officer's satisfaction. The Finance Officer is authorized to approve changes to any Financing Documents previously signed by Town officers or employees, provided that such changes shall not substantially alter the intent of such documents or certificates from the intent expressed in the forms executed by such officers. The Financing Documents shall be in such final forms as the Finance Officer shall approve, with the Finance Officer’s release of any Financing Document for delivery constituting conclusive evidence of such officer's final approval of the Document’s final form.
4. The Town shall not take or omit to take any action the taking or omission of which
shall cause its interest payments on this financing to be includable in the gross income for federal income tax purposes of the registered owners of the interest payment obligations. The Town hereby designates its obligations to make principal and interest payments under the Financing Documents as "qualified tax-exempt obligations" for the purpose of Internal Revenue Code Section 265(b)(3).
5. The Town intends that the adoption of this resolution will be a declaration of the Town’s official intent to reimburse expenditures for the project that is to be financed from the proceeds of the BB&T financing described above. The Town intends that funds that have been advanced, or that may be advanced, from the Town’s general fund, or any other Town fund related to the project, for project costs may be reimbursed from the financing proceeds.
Page 16 of 183
6. All prior actions of Town officers in furtherance of the purposes of this resolution are hereby ratified, approved and confirmed. All other resolutions (or parts thereof) in conflict with this resolution are hereby repealed, to the extent of the conflict. This resolution shall take effect immediately.
Approved this 1st day of August, 2017. (SEAL) _______________________________ Dawn H. Morgan, Mayor Attest: _________________________________ Keith Hooker, Town Clerk
Page 17 of 183
To C'hris=Comerand the Spring FollyCommittee Members,
The following group of merchants and business owners met on _2Q,;i_Z to discussconcerns that we have about the Spring Follyevent that takes place each May in downtownKernersvillez
Kevin and Lisa Bugg — The Collegiate ShopJohn Crutch?eld - Musten &Crutch?eldChris Federico - Eclection and Breathe LoungeChris Hammer - GiadasAngela Jarman - Southwinds GalleryTim Love - Love That MusicSheila Lyons — Lets Shoppe Downtown
Whilethis group by no means encompasses all of downtown, we do feel that we represent a fairshare of those who have chosen to invest our time and our livelihoods in downtown Kernersville.Our concerns have arisen out of a feeling of missed opportunities and losses that we have allexperienced during the Spring Follyevent; loss of traf?c, loss of exposure, and loss of revenue.Our concerns are the following:(1) garbage trucks and other town vehicles being parked in such a way that they effectivelyblock businesses from easy view and foot traf?c(2) garbage trucks being parked near residential apartments(3) placement of entertainments (for example the BMXexhibition this year) that effectivelyblock off the street from foot traf?c(4) the lack of a stage on N. Main St. this year(5) the Historic Depot not being included in the footprint of the Spring Folly(6) a lack of planned activities on W. Mountain St. sufficient to encourage foot traf?c(7) overcrowded conditions on E. MountainSt.(8) a lack of clear cut set of rules (beyond the ordinances) letting business owners know what isand what is not allowedoutside of their buildings, speci?cally the use of ?yers, tents, sidewalkspace, etc. - we have all been told con?icting things over they years(9) Spring Follyordinances currently in place that have become outdated as downtown has
grown and changed over the last 26 years(10) a lack of de?ned focus and purpose as the Spring Follyhas grown from its beginnings as acelebration of a bicyclerace coming through town.
We do not bring these concerns to you to create problems, we all want to be a part of puttingpast issues behind us and moving forward in a positive manner that willbene?t both the SpringFollyin coming years, and all the merchants and business owners who have made a long term
investment in downtown Kernersville. In that spirit we offer the following viable and practical
solutions to the concerns we have expressed about the Spring Folly:(1) close Railroad St. to through traf?c, reserving it for service and emergency vehicles, thiswould still allow for public safety and would take them out of the Spring Follyproper allowing
Page 18 of 183
'more~of N. Main St. to be better utilized for other purposes - for instancereorganizingthe craft show portion to have better ?ow along N. Main St.(2) moving garbage trucks to RailroadSt. along with otherservice and emergency vehicles
would take care of the issue of apartment dwellers smelling garbage all weekend(3) thoughtful consideration should be given to future placements of entertainments — thoughtshould be given to the strengths of different areas of downtown and they should be played to,for example N. Main St. with its bars and restaurants should have an adult focus, forexample a food/wine/beer tastings tent, or area, that would include local restaurants and foodpurveyors (likeGiadas and Musten &Crutch?eld), wineries, and breweries(4) music needs to be brought back to the N. Main St. area, it was always music that wasdifferent in style from that being offered on the main stage and appealed to different people - thestage should also be pushed back to the railroad tracks, this way no business arecaught behind the stage which creates a barrier to people walking down the street(5) the Historic Depot should be incorporated into the footprint of the Spring Folly,this wouldplay into the idea of N. Main St being more adult oriented and would highlightone of downtown'streasures(6) while W.Mountain St. does have a theme of Heritage Row there needs to be followthrough
with planning to bring organized activities to this area - old time craft demonstrations could beorganized through local craft guilds, a camp of reenactors would be fun on the museumgrounds, a stage could be set up for old time music such as bluegrass with playingtimesalternating with the music in Harmon Park so they wouldn'tbe playing over each other, a
display of old tractors and farm equipment could be parked along the street, old fashionedtreats such as lemonade, kettle corn, candy apples, and peanuts would be a natural ?t in front ofthe KernersvilleMuseum and would attract people, the possibilities are pretty endless(7) E. Mountain has become too crowded as the years have gone by and is almost impossible
to navigate — we recognize this is a traditional part of the Spring Follyand as such willcontinue,but we believe that the number of vendors should be scaled back to a more reasonablenumber, and that certain types of businesses should be limited in number - for example clothingvendors that are in direct competition with many of our downtown stores - when theSpring Follywas begun, there were not as many retailers downtown so the commercial vendorsdid not competedirectly with downtown businesses, now however that is not the case(8) if rules are in place they should be easy enough to produce, if they are not in place thensome should be put in place - the ordinances are not rules, and they do not cover all the practicalquestions that arise, businesses are receiving con?icting information on what is andis not allowedand we need clari?cation— it would be beneficial if downtown businesses hadsome input in these rules(9) we feel like it is time to reexamine the Spring Follyordinances that are currently in place,
many things have changed in Kernersvillein the last 26 years and we believe it is onlycommonsense to reexamine and review these ordinances to see how they can better serve thetown, the Spring Folly,and the businesses affected by them(10) the purpose of the Spring Follyshould be well de?ned in such a way that the very de?nitionof it willhelp dictate the future direction it takes - and we all want it to have a future that we can
Page 19 of 183
A be proud of and be part of.
As stated, we are not coming to you to create more problems, we want to work with you onsolutions. We as Chamberof Commerce members and downtown merchants ask you tohonestly and thoughtfully consider the solutions we have submitted and look forward to hearingfrom you on the details of their implementation in a reasonable timeframe. Thank you.
Page 20 of 183
Semi-Annual Report of In-Kind Services
August 1, 2017
The Kernersville Chamber of Commerce has had a good six months in 2017. This is the beginning of the
fifth year of managing downtown marketing, hosting many of the functions previously operated by the
Kernersville Downtown Preservation & Development Council. Business development throughout the
entire service area continues to be strong and chamber programs have been well received. The chamber is
a business development support organization.
Downtown Marketing: Significant attention continues to be directed to downtown marketing. The
move to full time for the Downtown Marketing Developer has increased opportunities. The Chamber has
maintained the key downtown events of Downtown Trick or Treat and the Downtown Open House, with
continued to focus on marketing awareness, as well as added commercials. Our Downtown relationships
continue to improve.
Social, media and print marketing continue to increase awareness of our community. We have
increased the usage of all this year with a doubling in social following and intentional reach in the
Oak Ridge, High Point and Winston-Salem areas.
o We had a very successful marketing campaign end of May through beginning of July
working with Fox 8. We created an ad with Twin City Media to target those 21 -34 years
of age.
Downtown Sidewalk Saturdays have been held June and July with planning through October.
There was increasing success in encouraging shop owners to do promotions and fly gold and black
balloons on the sidewalk of their business. We collaborate with the days the Cruise-ins would be
held to encourage Kernersville as a destination for the day.
In conjunction with the Parks and Rec Department we will be working on the Downtown Trick
or Treat night on Halloween.
Working with the Museum continues. We had a good showing during Spring Folly at the Depot
and the Museum in collaboration with Heritage Square.
We continue our collaborations to highlight downtown shopping day’s year round with special
events placed on social media that our downtown merchants provide in collaborations.
We will again offer events during the holidays and apply to be a #shoplocal town.
Meet Me on Main meets quarterly at different locations that host in Downtown. These meetings
have become very successful. The number of collaborations continues to increase among our
downtown merchants as they meet and share at Meet Me on Main.
The Downtown committee continues to be active and meets once a month at the Chamber.
The BrickMarkers continue to be popular. Located at the flag pole at Town Hall, the trellis on
South Main and the Depot on North Main. The ceremony was very well received on June 10.
Page 21 of 183
Business Development Activities in 2017:
Triad Job Fair, including a resume’ writing learning session and computer lab. This is a free
event for job seekers, open to the public, and was held on February 27, 2017. There continued to
be an emphasis of involvement of larger local employers including Deere Hitachi, Novant Health,
Best Logistics and Herbalife. Employers from trucking to insurance were also in attended. The
Fair is scheduled in September for 2018. Resources will be included.
Downtown Kiosk: A major enhancement of downtown, the unit has been in repair for the past
six months. We would like to move the kiosk to an area that receives less direct weather. The
intention of the unit is an attention-getter with a live news and weather feed. It was paid for by
business sponsorships with the operational costs part of the chamber’s downtown services. This
will be moved to the new park on Main and West Mountain.
Business Education and Training seminar series had successful seminars so far in 2017. Tech
clinic, LinkedIn and how to increase your customer base have been presented so far this year. In
addition, the Downtown Committee and Chamber have worked with Forsyth Tech Small Business
Center to assist small business owners.
Healthy Living Expo – health related show. Attendance is free and open to the public. The event
helps the public get access to health care information and helps businesses to get an opportunity to
show the public what they do in the area of health care and senior services. The name of the event
was changed in 2017 to Healthy Living Expo and held on April 25 from 3 – 7 PM. It was very
well received. The committee will offer this again next year from 3-6 PM.
12 Business of the Month presentations.
Small Business Awards breakfast was held in May, recognizing the Small Business Person of
the Year, Minority Small Business Person of the Year, Small Business Advocate of the Year, and
the Duke Energy Citizenship award. The 2017 program was held May 18.
Leadership Kernersville, encouraging business people to become knowledgeable and involved in
the community, graduated one class in May and will start a new class of 20 business people this
month. The town has played a key leadership role in teaching the various sessions.
The Lunch with Leaders series continues to be a success! Held on March 2, June 6 and again on
September 12; topics included “Growth in Your Town & County, Town and State Infrastructure
and Health Care Leaders. With an average of 60 in attendance on each date, this small group
event allows everyone to ask questions in the beautiful Paul J. Ciener Botanical Garden
5 networking Business Before Hours events and 2 Business After Hours events have been held
already in 2017.
18 ribbon cuttings were held so far in 2017.
Page 22 of 183
Community Quality-of-Life Events.
Our goal with community “Quality of Life events” is to promote Kernersville as a wonderful place to live.
This helps in business recruitment. We have tried to develop many of these events with an opportunity to
promote the business community, and to be a catalyst for cooperation between the business, non-profit
and community at large. Attendance to all but the golf league is free to the public because the chamber
secures sponsorships to cover the event costs.
Spring Folly had very strong regional attendance. Its success has been documented by the “Top
20 Festival in the Southeastern United States award in 1997 and 2014. A key component was
awareness in the southern regions with the addition of electronic signage and Travel magazines.
This year was the 25th Spring Folly held May 5,6, and 7 with many exciting events, groups and
activities. The music was fantastic and the weather cooperated most of the weekend. A highlight
this past year was the BMX shows held on North Main.
2 Music at Twilight concerts have been held so far this season. With two more to go: August 17
and October 26, these two concerts as well as the July concert are being held at the Paul J. Ciener
Botanical Garden. Beach, Blues, and soft rock music is enjoyed by anywhere from 200 to 400.
The Veterans celebration in May was very popular.
The K-Mazing Race is a well-attended event meant to increase teamwork and FUN! This year
was the final year of the race with the past winners going head to head in a dual throughout town.
Highland Industries beat the YMCA in a very close points race.
4th of July Concert & Fireworks had excellent attendance, and continues to be a wonderful
partnership with the Town of Kernersville. The chamber pays all of the cost of the concert (band,
stage and sound) and splits the cost of the fireworks with the Parks & Rec Department.
Kernersville Night at the Dash will be held this Thursday, August 3, 2017 with chamber board
chair Courtney Turlington throwing out the ceremonial first pitch.
The chamber’s annual banquet provides recognition to outstanding community leaders and will
be held at Summerfield Farms this year on November 13. Four major awards are presented:
Community Distinguished Service Award, Citizen of the Year, Key Volunteer and Chairman’s
Award. In addition, the Joan and Lee Hope Impact Award, Lawrence E. Pope Economic
Development Award and a new award The Better Business Bureau Innovation Award, may be
presented each year.
The Kernersville Christmas Parade continues to be well received by our community. The
Parade is scheduled for December 3, 2017.
Community support
Page 23 of 183
Education grants: In 2017 we have held one of the three Eating for Education promotional days
to raise funds for education grants; held on the second Wednesday of July, August and
September. In addition, we raise funds from chamber member businesses to support the five-
hundred dollar grants to the public schools this fall. Our goal is to offer as many grants as we
possibly can. This is a great example of the chamber mobilizing the business community to
support public education.
Financial support of Kernersville Foundation, with a portion of net proceeds from Spring Folly.
We are committed to granting a portion of proceeds to the Kernersville Foundation for distribution
to 501-c-3 organizations as the foundation advisory committee.
Use of chamber meeting room by community and business groups.
Forsyth Tech Small Business Center collaboration with trainings and business counsel.
Convenient ticket distribution location: The chamber handles ticket sales for a number of
community events, such as Sister City Commission, Kernersville Cares for Kids and Kiwanis Club
events. We do this because we maintain consistent office hours and are convenient to the general
public.
The Economic Development Advisory Council (EDAC), completed the final draft on the 2020
plan with one additional goal to complete the plan: A Civic Center.
Summary
The chamber board continues to serve the community as a whole, as well as providing business services
for our growing membership. Our chamber collaborates with all historical and town entities. We are
proud to serve the Kernersville area. We appreciate all of the support we receive from the town and our
community!
Page 24 of 183
ORDINANCE NO. O-2017-__
AN ORDINANCE RENEWING A NONEXCLUSIVE TAXI FRANCHISE
TO JOHN H. PEGRAM, JR., DOING BUSINESS AS
OAK RIDGE CAB COMPANY
WHEREAS, the Board of Aldermen of the Town of Kernersville finds:
1. That the Board of Aldermen of the Town of Kernersville issued a nonexclusive taxi
franchise to John H. Pegram, Jr., doing business as Oak Ridge Cab Company, that will expire on
the 1st day of September, 2017; and
2. That the Board of Aldermen of the Town of Kernersville has reviewed the
application for renewal received from the applicant and the applicant has been heard from in open
session, if desired; and
3. That the Town of Kernersville and its citizens need a taxi service to provide
transportation for those without personal transportation; and
4. That John H. Pegram, Jr. meets the requirements established by the Code of
Ordinances for the issuance of a franchise for Vehicles for Hire and the granting of this
nonexclusive Taxi Franchise is in the best interest of the citizens of the Town of Kernersville.
NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE BOARD OF
ALDERMEN OF THE TOWN OF KERNERSVILLE:
Section I
That the taxi service herein franchised shall be used solely and operated exclusively for the
purposes, and under the provisions, expressed by the Taxi Franchise Ordinance and no other.
Section II
John H. Pegram, Jr., doing business as Oak Ridge Cab Company, is hereby granted the
right, privilege and nonexclusive franchise to operate and maintain a taxi service in the Town of
Kernersville upon the terms and conditions as set forth herein.
Section III
Definitions.
For the purposes of this Franchise, the following terms, phrases, words and abbreviations
and their derivations shall have the meanings given herein:
A. Board - the Board of Aldermen of the Town of Kernersville, the governing body.
Page 25 of 183
B. Chief – the Chief of Police of the Town and his or her designee. The Chief is
responsible for administration of this Franchise.
C. Grantee or Franchisee- such individual, partnership, company, corporation, or other
entity, which may be granted a franchise hereunder this chapter.
D. Franchise - authorization granted by the Board to operate and maintain a taxi
service within the Town.
E. Person - shall mean any person, firm, partnership, association, corporation or
organization of any kind.
F. Taxi – a passenger motor vehicle plying for hire for which public patronage is
accepted or solicited and which is so designed as to seat comfortably not more than nine (9)
passengers but shall not include motor vehicles or motor vehicle carriers as defined in North
Carolina Gen. Stat. Ch. 20, Art. 17.
G. Town or City - the Town of Kernersville.
H. Taximeter – a mechanical device which is installed in a taxicab for the purpose of
computing the fare for a trip upon the basis of distance traveled, waiting time or both.
Section IV
Franchise Required; Application;
Granting of Non-Exclusive Franchise.
A. It is unlawful for any person to engage in or otherwise participate in the operation
of any taxi service unless such person shall first obtain and hold a valid franchise.
B. John H. Pegram, Jr., doing business as Oak Ridge Cab Company, has filed a written
application with the Town containing true and correct statements pertaining to:
i. The names and addresses of applicants; the names and any partners; the
names of any directors of the corporation if the same is the applicant;
ii. Any convictions of applicant (a) for any felony; (b) for any violation of law
relating to use, possession, or sale of alcoholic beverages or narcotic or barbiturate drugs; (c) for
violation of any Federal or State law relating to prostitution; and (4) for habitual violation of traffic
laws or ordinances;
iii. Whether the applicant is a habitual user of, or addicted to, narcotic or
barbiturate drugs or intoxicating liquors and the traffic record of applicant;
Page 26 of 183
iv. The motor vehicles which applicant proposes to use in the taxi service.
C. Franchisee acknowledges that, subsequent to the granting of any franchise
hereunder, all drivers who shall become employed by, or any persons who shall perform driving
duties for, the Franchisee shall first file with the Town Manager of the Town of Kernersville or his
designee, application for permit to drive a taxi within the Town of Kernersville as required by
Section 17-18 of the Town Code of Ordinances.
Upon receipt of such application, the Chief of Police shall issue a Taxi Driver's Permit
provided there is no cause shown within the application to deny the same. The driver’s permit
shall de displayed in such a manner as to be in full view of all passengers at all times while the
driver is on duty.
Section V
Acceptance of Franchise.
Within thirty (30) days after the Town has taken final action to approve this franchise, the
Grantee shall file a written acceptance of the franchise, acknowledged before a Notary Public, with
the Town Clerk. Acceptance shall acknowledge that the Grantee agrees to comply with the
provisions of the Town of Kernersville Code of Ordinances, Sections 17-1 through 17-21 (a copy
of which is attached hereto), and the provisions of this Franchise, and said written acceptance shall
be in such form and content as is satisfactory to and approved by the Town Attorney.
Section VI
Duration of Franchise; Termination; Transfer.
A. The Franchise is nonexclusive and shall be for a three (3) year term from the
effective date of the franchise and may be extended and renewed for such additional three (3) year
terms as the Board may subsequently approve.
B. The Franchise can not be sold, transferred, leased, assigned, or disposed of, in
whole or in part, either by voluntary, involuntary, or forced sale, or by merger or consolidation or
otherwise.
C. In the event that the Grantee, for any reason, is no longer able to provide the taxi
service as applied for, this Franchise shall immediately terminate.
D. In the event that the Town Board determines that the Franchise hereunder is not
being operated or maintained in accordance with the Town Taxi Franchise Ordinance, it may
suspend or revoke the Franchise. The Town shall notify the Franchisee in writing of such
suspension or revocation and Franchisee shall be entitled to appeal as provided in the Ordinance.
Page 27 of 183
Upon suspension or revocation, the Franchise owner must suspend operations until final
determination upon appeal. Suspension or revocation can be based on, but is not limited to, any
of the following violations:
a. Failure to operate the vehicle(s) permitted in the Franchise.
b. Failure to maintain the vehicles in good order and repair.
c. Failure to maintain the required insurance.
d. Failure to pay taxes due to the city for the vehicles or their operation.
e. Repeated and persistent violation of traffic Ordinances by drivers.
f. Failure to report any accident involving one of the taxis.
g. Willful failure to comply with the requirements of this Ordinance.
h. Unauthorized transfer of a driver permit or use of a vehicle not reported in
accordance with this Ordinance.
i. Failure to properly register the vehicles with the State of North Carolina.
j. Conviction of the owner of a felony, a federal or state statute or municipal
Ordinance related to possession or sale of intoxicating liquors, a federal or state
statute related to sexual offenses, a federal or state statute related to illegal drugs,
or repeated violation of traffic laws or ordinances, or habitual use by the Franchisee
of illegal drugs or intoxicating liquors, or violation by the Franchisee of any federal
or state statute relating to the illegal use of a firearm.
k. Permitting any person convicted of the crimes listed in (j) to operate a taxi unless
the conviction is reviewed by the Chief of Police or his designee and consent given
for that driver.
l. False or misleading statements in the application for Franchise.
Section VII
Remuneration to City.
Upon acceptance of a franchise as herein granted and in consideration of the rights and
privileges granted hereunder this chapter, the Grantee shall pay to the Town of Kernersville an
annual fee in an amount set from time to time by the Board of Aldermen in its annual budget.
Page 28 of 183
Section VIII
Rights Reserved to the City.
A. The Town shall have the right to designate the hours during which the taxi service
shall be continued during each day, which hours are hereby set according to the attached Exhibit
A which is incorporated herein this Franchise.
B. The Town shall have the continued right to fix and establish, from time to time, the
fares and rates to be paid by the passengers in the area referred to in this franchise. Until otherwise
directed or authorized by the Town, the franchisee shall charge no more for taxi service than those
rates as set forth on the attached Exhibit B which is incorporated in this Franchise Agreement as
if fully set out herein.
C. The Town shall have the right to approve, or disapprove, of any drivers of the
Grantee taxis.
D. The Town shall have the right to inspect, approve, or disapprove the various
taxicabs and all equipment thereon operated in connection with the Grantees' taxi business. The
Chief of Police or his designee shall have the right to order removal from service of any vehicle
deemed to be a safety hazard.
E. Nothing herein shall be deemed to impair the Town from amending any section or
part of this chapter and the Town does hereby reserve such right.
Section IX
Duties of Grantee.
A. The Grantee shall be required to, at all times, carry liability insurance for the
protection of its passengers and the general public in an amount required by North Carolina Gen.
Stat. 20-280(b), with some insurance company doing business in the State of North Carolina and
approved by the Board of Aldermen of the Town of Kernersville.
B. Grantee shall indemnify and save harmless the City, its officers and employees
from and against any and all claims, demands, actions, suits, and proceedings by others, and against
all liability to others arising out of the exercise or enjoyment of its franchise.
C. The Grantee shall, at all times, comply with all such ordinances of the Town of
Kernersville including, but not limited to Zoning, Parking and such others that the Town may from
time to time adopt with reference to any of the Grantee's activities.
D. Grantee shall require all drivers to maintain a daily manifest as described in Section
17-20 of the Town Ordinance, said manifest to be retained for 90 days as required therein.
Page 29 of 183
THIS FRANCHISE shall expire on the 30th day of September, 2020, having been hereby
granted, dated this the 5th day of September 2017, after two readings and votes of approval by the
Board of Aldermen on August 1, 2017, and September 5, 2017.
THE TOWN OF KERNERSVILLE
______________________________________
Dawn H. Morgan, Mayor
Attested to:
______________________________
Keith Hooker, Town Clerk
___________________________________
Curtis L. Swisher, Town Manager
Accepted: ________________________, 2017
_____________________________________
John H. Pegram, Jr.
doing business as Oak Ridge Cab Company
Page 30 of 183
Exhibit A
Minimum Hours of Operation
Sunday: 6:00 a.m. to 12:00 midnight
Monday: 6:00 a.m. to 12:00 midnight
Tuesday: 6:00 a.m. to 12:00 midnight
Wednesday: 6:00 a.m. to 12:00 midnight
Thursday: 6:00 a.m. to 2:30 a.m.
Friday: 6:00 a.m. to 2:30 a.m.
Saturday: 6:00 a.m. to 2:30 a.m.
Page 31 of 183
Exhibit B
Rates not to exceed those as provided by the Resolution Establishing
Minimal Rates for Vehicles for Hire adopted by the Board of Aldermen on
August 5, 2008.
Page 32 of 183
RESOLUTION NO. R-2017-__
A RESOLUTION SETTING A PUBLIC HEARING TO DETERMINE
THE OPINIONS OF PROPERTY OWNERS REGARDING
THE OFFICIAL RENAMING OF A PORTION OF A STREET WITHIN
THE CORPORATE LIMITS OF THE TOWN OF KERNERSVILLE FROM
“SOUTH CHERRY STREET” TO SOUTHERN STREET
WHEREAS, the Town of Kernersville needs to ensure that all streets within the
incorporated Municipal Limits of the Town are accurately named for purposes of emergency
response without confusion as to the name of streets; and
WHEREAS, the recent development of the Main Street Market property has resulted in a
minor change in the traffic pattern and created a need to change the name of a portion of South
Cherry Street as described on the attached Exhibit A and shown on the attached Exhibit B, which
is incorporated herein by reference; and
WHEREAS, the Board of Aldermen of the Town of Kernersville finds that the official
renaming of the above-entitled street will be in the best interest of the safety and welfare of the
citizens and residents of the Town; and
WHEREAS, the Board of Aldermen wishes to notify all those persons who own property
on the above-entitled street of the Board’s intention to officially rename said street and of the
Board of Aldermen’s desire to hear from the owners of property whose property abuts said street
in regard to their opinions as to official street names;
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of Aldermen of the
Town of Kernersville that it is the intent of the Board of Aldermen to officially name a portion of
that street within the Town now referred to as the South Cherry Street to Southern Street; and,
IT IS FURTHER HEREBY RESOLVED that a Public Hearing be set for September 5,
2017, at which time the Board of Aldermen will hear from any citizen of the Town as to
opinion(s) regarding official names for said street; and that, further, the Town Clerk make
reasonable effort to contact, through First Class Mail using Tax Records, all persons residing on
or owning property abutting said street of said Public Hearing.
This 1st day of August 2017.
__________________________________
Dawn H. Morgan, Mayor
___________________________________
Keith Hooker, Town Clerk
Page 33 of 183
EXHIBIT A
Being all of that certain 0.246 acre tract of land lying in Kernersville Township, Forsyth County,
North Carolina; and bounded by natural boundaries and/or lands owned by and/or in possession
of persons, as follows: on the north by the southerly terminus of Southern Street and the Bishop
of the Roman Catholic Diocese of Charlotte, North Carolina; on the southeast and south by South
Cherry Street, and on the south and west by Lot 3 of Main Street Market; said tract being
particularly described by courses (according to the North Carolina Grid System) and distances
according to a compiled plat prepared by the Town of Kernersville Community Development
Department, Engineering Division, under the seal of H. Stephen Bowers Professional Land
Surveyor No. L-2455, drawing 17-0713.dwg, dated July 17, 2017, attached hereto and made a part
hereof, as follows:
BEGINNING at a “T bar with cap” in the easterly line of Lot 3 of Main Street Market,
subdivision recorded at Plat Book 64 Page 145, and revision at Plat Book 65 Page 155, at the
southwesterly terminus of Southern Street; said “T bar with cap” having N.C. grid coordinates of
North 861,881.42 (US feet) and East 1,679,555.07 (US feet) as per the North American Datum of
1983 (NSRS 2011); thence with the southerly terminus of said Southern Street North 87 Degrees,
37 Minutes, 40 Seconds East, 51.59 feet, to the southwesterly corner of the Bishop of the Roman
Catholic Diocese of Charlotte, North Carolina (see Deed Book 2773 Page 1522 of said Registry);
thence with said Bishop of the Roman Catholic Diocese of Charlotte, North Carolina the following
two calls: (1) thence North 83 Degrees, 05 Minutes, 30 Seconds East, 99.98 feet, to the
southwesterly corner of other lands of said Bishop of the Roman Catholic Diocese of Charlotte,
North Carolina (see now Deed Book 2512 Page 2045 of said Registry); (2) thence North 83
Degrees, 05 Minutes, 30 Seconds East, 101.98 feet, to the southwesterly corner of other lands of
said Bishop of the Roman Catholic Diocese of Charlotte, North Carolina (see now Deed Book
1131 Page 993 of said Registry) and in the northwesterly right of way line (varying distances to
centerline) of that portion of South Cherry Street maintained by the North Carolina Department of
Transportation; thence with said northwesterly right of way line South 54 Degrees, 31 Minutes,
25 Seconds West, 117.89 feet, to a 7/8” iron in the southerly right of way line of the current South
Cherry Street maintained by the Town of Kernersville; thence continuing with said southerly right
of way line of South Cherry Street South 83 Degrees, 35 Minutes, 40 Seconds West, 15.99 feet,
to a “T bar with cap,” an easterly corner of said Lot 3; thence with said Lot 3 the following calls
three through five: (3) thence South 83 Degrees, 35 Minutes, 40 Seconds West, 107.41 feet, to
a 1 ¾” iron; (4) thence South 83 Degrees, 35 Minutes, 40 Seconds West, 4.84 feet, to a “T Bar
with cap;” (5) thence North 26 Degrees, 55 Minutes, 45 Seconds West, 63.15 feet, to the
BEGINNING said “T bar with cap.”
Being a portion of South Cherry Street being re-named to Southern Street.
17-0717.docx
Page 34 of 183
Page 35 of 183
1
RESOLUTION NO. R-2017-__
A RESOLUTION IDENTIFYING AN AREA AS UNDER CONSIDERATION
FOR ANNEXATION AND NOTIFICATION TO QUALIFIED
PROPERTY OWNERS OF THEIR RIGHT TO DELAYED ANNEXATION
WHEREAS, §160A-49(i) of the North Carolina General Statutes requires municipalities
to adopt a Resolution of Consideration of an area for annexation at least one year prior to the
adoption of a Resolution of Intent to annex the property; and
WHEREAS, the Board of Aldermen of the Town of Kernersville has reviewed areas
contiguous to the Town and determined that annexation may be initiated in certain of the areas
within the statutory time limits and deems it appropriate to identify those areas as being under
consideration for annexation,
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of Aldermen of the
Town of Kernersville that:
Section 1. Pursuant to North Carolina Gen. Stat. §160A-49(i), the area shown on the attached
map, denoted as Exhibit A and incorporated herein by reference, is identified as being under
consideration for future annexation by the Town of Kernersville in accordance with Chapter
160A, Article 4A, Section 3 of the General Statutes.
Section 2. Owners of agricultural land, horticultural land or forest land within the area identified
as under consideration for annexation in Section 1 are hereby notified that they may have the
right to delay the effective annexation date. North Carolina Gen. Stat.§160A-49(fl) provides that
this delay may apply when either (a) land is taxed at present-use value pursuant to G. S.
§105-277.4 or (b) the tax assessor certifies that the land is being used for actual production and
would be eligible for present-use value under §105-277.4 but has not been used for actual
production for the time required by §105-277.3. For such tracts, annexation would become
effective on the last day of the month the tract or portion thereof either becomes ineligible for
present-use value classification under §105-277.4 or no longer meets the requirements of
§160A-49(fl)(2). Until annexation, the tract is not subject to Town taxation or entitled to receive
Town services. During the delayed annexation period, such tract is considered part of the Town
for establishing Town boundaries for additional annexations and for the exercise of Town
authority for planning and regulation of development.
Section 3. A copy of this Resolution shall be filed with the Town Clerk of Kernersville.
Section 4. This Resolution shall remain effective as provided by G. S. §160A-49(i).
Adopted this the 1st day of August, 2017.
______________________________________
Mayor
Attest by:
___________________________________
Town Clerk
Page 36 of 183
2
Page 37 of 183
Community Development Department
Development Planning Engineering Economics
Transportation GIS Zoning Building Permits Watershed
Code Enforcement Inspections Surveying
TOWN OF
KERNERSVILLE
1 | P a g e
Memo
To: Mayor Morgan and Board of Aldermen Cc: Curtis Swisher, Town Manager From: Rochelle Joseph, Senior Planner
Date: July 14, 2017
Re: 2016 Growth and Traffic Data Annual Report
The 2016 Annual Report Growth and Traffic Data report is an annual compilation of data
describing both historic development trends and projections, with additional sources included for
population and employment comparison and analysis. The report provides an interesting picture
of trends over time for population, traffic, economics and development; but in some instances, it
is a static picture for data such as homeownership, age and gender breakdowns. The 2016 Growth
and Traffic Data report is intended to be “easy-to-use” by including mostly charts and tables with
accompanying text providing only general explanatory descriptions, and makes use of data from a
wide variety of sources.
The Board of Aldermen’s adopted Thoroughfare and Street Plan requires an annual review of the
Town’s growth data. Staff met with the appointed Growth and Traffic Data Committee members
Clarence Lambe, Jr., and Susan Fradenburg for their review and comments prior completion of
the attached draft of the 2016 Annual Report – Growth and Traffic Data.
If you have any questions or concerns, please do not hesitate to contact me.
United States Census ............................................................................................................................................. 3
Building Permit Data .............................................................................................................................................. 8
Business Summary – Area Study .......................................................................................................................... 13
Business Summary – Kernersville ......................................................................................................................... 14
Traffic Data - NCDOT 2015 Traffic Counts and Historic Counts ............................................................................. 34
Page 40 of 183
KERNERSVILLE GROWTH & TRAFFIC DATA: 2016 2
The Kernersville Board of Aldermen’s adopted Thoroughfare and Street Plan requires an annual
review of the Town’s growth data.
The Plan states:
A citizen group shall be formed by the Board of Aldermen to undertake an annual review
of the Town’s growth data and provide comments to the Planning Board and Board of
Aldermen on data generated at the Town, county, regional, state, and federal levels. The
citizen group shall be made up of residential, commercial, industrial, and institutional
property owners.
The Community Development Department updated the report with 2016 growth data. The
Report is broken down into the following five sections:
Section 1 - United States Census: The census section provides Kernersville’s historic population
growth. A comparison of Kernersville’s census data is compared to the State of North Carolina
and the United States in order to determine similarities. If a community is similar to State and
National data, it can anticipate following State and National trends.
Section 2 - Town of Kernersville Growth Data: The Town has been maintaining permit data
since 1995. That permit data provides historic development trends. The North Carolina State
Demographer population estimates are also provided. The Demographer estimates assist in
understanding what the current population is between the 10-year U.S. Census estimates.
Section 3 - Economic Data: The United States Census undertakes a census of businesses. The
business data is then used by private data firms to produce projections. The Town of
Kernersville subscribes to ESRI Business Online.
Section 4 - Growth Projections: Detailed growth projections are provided in this section. The
projections are based upon development trends, economy, infrastructure, demographics, and
supply of available development sites.
Section 5 - Traffic Data: The United States Department of Transportation traffic data is
reviewed to determine the national trend. The North Carolina Department of Transportation
detailed traffic counts, which are undertaken every two years, are provided from 2003 to 2015.
Introduction
Page 41 of 183
KERNERSVILLE GROWTH & TRAFFIC DATA: 2016 3
Kernersville Demographic Data
2000 Population 19,779
2010 Population 23,202
2016 Population 24,306
2021 Population 25,486
2000-2010 Annual Rate 1.61%
2010-2016 Annual Rate 0.75%
2016-2021 Annual Rate 0.95%
2016 Male Population 47.5%
2016 Female Population 52.5%
2016 Median Age 41.2
The estimated population for 2016 is 24,306. In 2010, the Census count in the area was 23,202. The
rate of change since 2010 was 0.75% annually. The five-year projection for the population is 25,486
representing a change of 0.95% annually from 2016 to 2021. Currently, the population is comprised
of 47.5% male and 52.5% female.
Median Age
Kernersville’s median age is 41.2, compared to U.S. median age of 38.0.
United States Census
<5
5-19
20-24
25-34
35-44
45-54
55-64
65+
2016 Population by Age2016 Population by Age
5.6%
18.3%
5.6%
12.5%
13.1%
14.7%
13.5%
16.7%
Source: ESRI Business Online Copyright 2015
Infogroup, Inc. All rights reserved.
Page 42 of 183
KERNERSVILLE GROWTH & TRAFFIC DATA: 2016 4
Race and Ethnicity
2016 White Alone 77.9%
2016 Black Alone 11.0%
2016 American Indian/Alaska Native Alone 0.4%
2016 Asian Alone 2.3%
2016 Pacific Islander Alone 0.0%
2016 Other Race 5.8%
2016 Two or More Races 2.6%
2016 Hispanic Origin (Any Race) 11.1%
Persons of Hispanic origin represent 11.1% of the Kernersville population compared to 17.9% of the
U.S. population. Persons of Hispanic Origin may be of any race.
The Diversity Index is a number -- on a scale from 0 to 100 -- that represents the chance that two
people chosen randomly from an area will be different by race and ethnicity. In more personal terms:
"What is the chance that the next person I meet will be of a different race or ethnicity than me?" A
higher number means more diversity, a lower number, less. Kernersville’s Diversity Index is 50.3,
compared to 63.5 for the U.S. as a whole.
2016 Population by Race2016 Population by Race
22,000
20,000
18,000
16,000
14,000
12,000
10,000
8,000
6,000
4,000
2,000
0White Black Am.Ind. Asn/Pac Other Two+
77.9%
11.0%
0.4% 2.3%5.8% 2.6%
Page 43 of 183
KERNERSVILLE GROWTH & TRAFFIC DATA: 2016 5
Households
2000 Households 8,273
2010 Households 10,082
2016 Total Households 10,535
2021 Total Households 11,019
2000-2010 Annual Rate 2.00%
2010-2016 Annual Rate 0.71%
2016-2021 Annual Rate 0.90%
2016 Average Household Size 2.30
The household count in Kernersville has changed from 10,082 in 2010 to an estimated 10,535 in 2016,
a change of 0.71% annually. The five-year projection of households is 11,019, a change
of 0.90% annually from the current year total. Average household size is currently 2.30, compared
to 2.29 in the year 2010.
Median Household Income
2016 Median Household Income $49,897
2021 Median Household Income $54,057
2016-2021 Annual Rate 1.61%
Average Household Income
2016 Average Household Income $67,822
2021 Average Household Income $73,510
2016-2021 Annual Rate 1.62%
HouseholdsHouseholds
12,000
10,000
8,000
6,000
4,000
2,000
0Census 2010 2016 2021
10,082 10,535 11,019
Page 44 of 183
KERNERSVILLE GROWTH & TRAFFIC DATA: 2016 6
Per Capita Income
2016 Per Capita Income $29,372
2021 Per Capita Income $31,765
2016-2021 Annual Rate 1.58%
Households by Income Current median household income is estimated at $49,897 in Kernersville, compared to
$54,149 for all U.S. households. Median household income is projected to be $54,057 in five
years, compared to $59,476 for all U.S. households.
Current average household income is estimated at $67,822 in Kernersville, compared to
$77,008 for all U.S. households. Average household income is projected to be $73,510 in five
years, compared to $84,021 for all U.S. households.
Current per capita income is estimated at $29,372 in Kernersville, compared to the U.S. per
capita income of $29,472. The per capita income is projected to be $31,765 in five years,
compared to $32,025 for all U.S. households.
Housing
2000 Total Housing Units 8,917
2000 Owner Occupied Housing Units 5,182
2000 Renter Occupied Housing Units 3,091
2000 Vacant Housing Units 644
2010 Total Housing Units 10,999
2010 Owner Occupied Housing Units 5,776
2010 Renter Occupied Housing Units 4,306
2010 Vacant Housing Units 917
2016 Total Housing Units 11,378
2016 Owner Occupied Housing Units 6,057
2016 Renter Occupied Housing Units 4,478
2016 Vacant Housing Units 843
2021 Total Housing Units 11,849
Page 45 of 183
KERNERSVILLE GROWTH & TRAFFIC DATA: 2016 7
2021 Owner Occupied Housing Units 6,285
2021 Renter Occupied Housing Units 4,734
2021 Vacant Housing Units 830
Currently, 53.2% of the estimated 11,378 housing units in Kernersville are owner occupied; 39.4%,
renter occupied; and 7.4% are vacant. Currently, in the U.S., 55.4% of the housing units are owner
occupied; 32.9% are renter occupied; and 11.7% are vacant.
In 2010, there were 10,999 housing units in Kernersville - 52.5% owner occupied, 39.1% renter
occupied, and 8.3% vacant. The annual rate of change in Kernersville’s housing units since 2010 is
1.52%.
Data Note: Income is expressed in current dollars Source: U.S. Census Bureau, Census 2010 Summary File 1. Esri forecasts for 2015 and 2020. Esri converted Census 2000 data into 2010 geography.
Median home value in the area is estimated at $181,957, compared to a median home value of
$198,891 for the U.S. In five years, Kernersville’s median value is projected to change by 3.08%
annually to $211,799.
Town of Kernersville Growth Data
<$100K
$100-199K
$200-299K
$300-399K
$400-499K
$500K+
2016 Home Value2016 Home Value
16.1%
41.6%
26.9%
8.7%
3.0%
3.7%
Page 46 of 183
KERNERSVILLE GROWTH & TRAFFIC DATA: 2016 8
Building Permit Data
Source: Town of Kernersville historical permit statistics has been updated with 2016 data.
Building permit data is derived from the Town of Kernersville’s historical permit data issued for new
construction. Community Development staff has updated the permit categories with 2016 data for:
detached single family residential
attached single family residential
apartments
commercial
institutional
industrial/office
The following are the number of permits issued from 1996-2016 for those categories.
Source: ESRI Business Online Copyright 2015 Infogroup, Inc. All rights reserved.
Business Establishment Mix
The business mix in Kernersville is
extremely balanced between industrial,
retail, professional services (finance,
insurance, and real estate), and
government services. That balance has
made Kernersville’s economy more
resilient during the economic downturns
since the Town does not rely upon one
type of business sector. The business
mix also offers our citizens a wider range
of employment options.
TRIAD JOB CENTER - The business and employee data reflects that Kernersville is a major job center in the Triad
metropolitan region with an Employee/Residential Population Ratio” of “.75:1”. This ratio is similar to Greensboro’s
“.74:1”, and higher than Winston-Salem’s “.67:1” and High Point’s “.68:1”. With 18,235 jobs and only 24,306 citizens
of which 4,141 citizens are over the age of 65, and 5,999 are under the age of 19, Kernersville has to import workers.
A major misconception about Kernersville is the perception of being a bedroom community. The economic data
clearly shows Kernersville is a significant job center in the Triad.
Page 53 of 183
KERNERSVILLE GROWTH & TRAFFIC DATA: 2016 15
Previous Projections
Prior to 2011, the Community Development Department’s growth projections were based on the Town
of Kernersville following historic annexation trends. This projection technique, “trend extrapolation,”
takes past trends and carries them into the future. Trend extrapolation projections are reliable when
the historic data remains the same, but in 2011 the State of North Carolina passed anti-annexation
legislation, essentially inhibiting the Town of Kernersville from following previous annexation trends.
Without the ability to annex areas with existing populations, Kernersville’s population growth rate will
greatly decrease compared to historic growth rates. To forecast the population without annexation will
require the Town to concentrate only on new housing unit growth taking place within the current Town
limits.
Graph 4-1
Town Limits and Population Growth 1970 to 2015
Economy
The regional economy is a major variable impacting growth in an urban community. Kernersville’s
growth is directly tied to the Piedmont Triad Metropolitan Region economy. Kernersville has a strong
network of roads, water and sewer capacity, and available undeveloped land to support growth. To go
along with those growth supporting variables, Kernersville’s central location also further supports
additional growth.
The University of North Carolina at Greensboro’s Center for Business and Economic Research, Dixon
Hughes Goodman – Triad Business Index provides the most comprehensive analysis of the Triad economy.
Growth Projections
Page 54 of 183
KERNERSVILLE GROWTH & TRAFFIC DATA: 2016 16
The Triad Business Index reflects that the Metropolitan Region is recovering from the 2007-09 recession
(see Graph 4-2 below).
Graph 4-2 Dixon Hughes Goodman - Triad Business Index February 2015
Source: Dixon Hughes Goodman Triad Business Index. The Triad is defined as an eight-county area that is composed of Alamance, Davie, Forsyth, Guilford, Randolph, Rockingham, Stokes, and Yadkin.
The current unemployment rate is around 5%, which some economists consider full employment. Full
employment in a metropolitan region attracts employees who move to the region to further add to the
economic growth. Low unemployment rates assist in increasing wages which also adds to the economic
growth. Economic growth and new jobs create demand for housing, new housing creates demand for
new commercial retail and services.
Infrastructure
The Town has strategically invested in sewer and transportation improvements to support growth.
Kernersville continues to update the Kernersville Development Plan’s sewer and transportation planning
elements to ensure the Town’s infrastructure capacity is available to support growth.
Housing Supply and Demand Trend
Housing demands from homebuyers determine what type of housing supply is needed. Demographic
trends of homebuyers play a major role in housing demands. The following highlights were obtained
from the 2015 National Association of Realtors and shows national homebuyer generational trends.
Page 55 of 183
KERNERSVILLE GROWTH & TRAFFIC DATA: 2016 17
Characteristics of Home Buyers Gen Y comprises the largest share of home buyers at 32
percent, which is larger than all Baby Boomers combined. Younger Boomers comprise 16 percent and Older Boomers comprise 15 percent of recent home buyers. Generation X made up 27 percent of recent buyers and the Silent Generation has the smallest share of home buyers at 10 percent.
Thirteen percent of all buyers purchased a multi-generational home, one in which the home consists of adult children over the age of 18, and/or grandparents residing in the home. This is most prevalent among Younger Boomers aged 50 to 59, at 21 percent. The most common reason for this living arrangement among Younger Boomers was children over 18 moving back into the house (37 percent), followed by health/caretaking of aging parents (21 percent).
Thirty-nine percent of Gen Y buyers primarily purchased a home just for the desire to own a home of their own. Gen X placed a high importance on owning a home of their own, but many needed to move for a change in a family situation or a job-related relocation. Older Boomers are more likely to move for retirement, the desire to be closer to friends, family, and relatives, and the desire for a smaller home, while Younger Boomers are likely to move for a job-related relocation and to downsize.
Characteristics of Homes Purchased At least 80 percent of buyers who are aged 59 and
younger bought a detached single-family home, while it is increasingly common for buyers over the age of 59 to purchase townhouses and condos.
Thirteen percent of buyers over the age of 49 purchased a home in senior-related housing for themselves or others. This is most common for buyers over the age of 69, a category in which nearly one-quarter of buyers purchased a home in senior-related housing.
Gen Y and Gen X tend to stay close to their previous residence, often staying within 10 miles, while Older
Boomers tend to move the longest distance 30 miles and the Silent Generation tend to move 20 miles from their previous home.
Younger buyers tend to buy older homes, and are more likely to buy previously owned homes. Most often they do so because the home is a better price and better overall value. Older Boomers and the Silent Generation are more likely than other generations to purchase a new home, most often doing so to avoid renovations or problems with plumbing or electricity and for the amenities in new home construction communities.
Neighborhood factors which are important to buyers show strong connections to the buyer’s generation. Gen Y places the highest preference compared to other generations on convenience to job as well as affordability of homes. As buyers’ children reach school age, the quality of school districts and convenience to schools starts to have a larger importance—this is most often true for Gen X. Older Boomers and the Silent Generation place higher priority on convenience to friends and family and convenience to health facilities.
Younger buyers placed a high importance on commuting costs, while older buyers placed higher importance on landscaping for energy conservation and energy efficient lighting.
The older the home buyer, the fewer compromises the buyer tended to make with their home purchase—48 percent of the Silent Generation made no compromises on their home purchase. Younger buyers tended to make sacrifices on the price of the home, size of the home, and condition of the home purchased.
After finding the home they wanted, Gen Y and Gen X expect to live in their home for 10 years before moving on. Younger Boomers and the Silent Generation expect to live in their home for 15 years and Older Boomers plan to live in their home for 20 years. It should be noted that expected tenure is generally longer than actual tenure in home.
Year Born: Age in 2013:
Gen Y: 1980-2000 34 and younger
Gen X: 1965-1979 35 to 49
Younger Boomers: 1955-1964 50 to 59
Older Boomers: 1946-1954 60 to 68
Silent Generation: 1925-1945 69 to 89
Page 56 of 183
KERNERSVILLE GROWTH & TRAFFIC DATA: 2016 18
Along with the generational differences in home preferences, the make-up of the households will greatly
shape housing demands. Arthur C. Nelson 2009 report “The New Urbanity: The Rise of a New America”
summaries well the changing households:
“The period from 2010 to 2030 will see as sweeping a change to America’s metropolitan landscape as
the half century after World War II. During the baby boom era, 1946 through 1964, about half of
American households were raising children; in 2030, only about a quarter will be. Between 2010 and
2030, the increase in the number of single-person households will be more than double the increase in
the number of households with children. A major reason is the aging of the boomers: in 2010, 13
percent of the population will be age sixty-five or over; but by 2030, 19 percent of the population will
be. There will be changes in the kind of housing and neighborhoods that households prefer. More than
half of all households will prefer housing in neighborhoods that comprise such “urbanity” attributes as
transit accessibility; proximity to shopping and restaurants; mixed uses including mixed housing
choices; and mixed incomes, ages, and ethnicities. Moving toward this new urbanity will require
reconsideration of several policies with roots dating from the baby boom era.”
Graph 4-3
Household Composition 1967 to 2015
The Town’s adopted Kernersville Development Plan’s goal of having a “progressive planning program” has well served the community. Large mixed-use developments of Calebs Creek, Welden and Smith Crossing, and traditional subdivision like Glennstone will assist in meeting future home buyer’s demands. Also, continue enhancement and expansion of our downtown as a strong urban core will promote residential redevelopment of the central area of Kernersville. The following tables provide a list and status of current approved residential developments.
Page 57 of 183
KERNERSVILLE GROWTH & TRAFFIC DATA: 2016 19
Table 4-1
Approved Housing Development – Infrastructure Completed
Table 4-2
Approved Housing Development – Infrastructure Required
Page 58 of 183
KERNERSVILLE GROWTH & TRAFFIC DATA: 2016 20
Page 59 of 183
KERNERSVILLE GROWTH & TRAFFIC DATA: 2016 21
2016 to 2025 New Housing Start Projections
The Community Development Department’s housing and population projections are
based on the Town’s historical housing permitting trends, the available supply of
approved housing projects, the Dixon Hughes Goodman LLC & Triad Business Index
prepared by the University of North Carolina at Greensboro’s Center for Business and
Economic Research, and demographic changes.
During the past 20-year period in which housing unit numbers were
compiled, two national recessions occurred. The projections
undertaken in this report do not include recession(s) that could
cause a decline in housing permits. During previous recessions, the
Federal Reserve would drop interest rates to stimulate the
economy and new housing. However, with current interest rates
set at historically low rates, reducing the rates to address a
recession would have limited impact, which could lengthen the
period of the next recession.
To the right is a table illustrating the duration and years between
recessions since 1945. Between 1945 and the Great Recession in
2007, we averaged a recession approximately every 4.5 years.
Since the recovery of the Great Recession in 2009, we have been
recession-free for over 7 years. At the time of the next recession
staff will revise the growth projections.
The National Association of Realtors 2013 Survey asked the
question: “right now, if you could choose, which of the following
would you prefer?” See the choices and responses to the right.
Fifty-two percent (52%) preferred “single-family detached home
with a large yard”. Also, the survey found thirty percent (30%)
preferred “single-family attached home” or “single-family detached
home on a small yard”, and fourteen percent (14%) an “apartment”
or “condominium”. It should be noted that “large yard” and
“small yard” were not defined. Most people in Kernersville would
most likely define a “large yard” as one-third (1/3) of an acre or
more. Kernersville has a strong supply of single family detached
homes with such yards. Kernersville has less supply of “single-family attached” or “single-family detached on
a small yard”, and very limited “condominium” supply.
Recession Period Years Between Recessions
Feb. 1945 - Oct. 1945 3-years 1-months
Nov. 1948 - Oct. 1949 3-years 9-months
July 1953 - May 1954 3-years 3-months
Aug. 1957 - April 1958 2-years
April 1960 - Feb. 1961 8-years 10-months
Dec. 1969 - Nov. 1970 3-years
Nov. 1973 - March 1975 4-years 10-months
Jan. 1980 - July 1980 1-year
July 1981 - Nov. 1982 7-years 8-months
July 1990 - March 1991 10-years
March 2001 - Nov. 2001 6-years 1-months
Dec. 2007 - June 2009
RECESSIONS 1945 TO 2016
Source: National Bureau of Economic Research
Table 4-4 Recessions 1945 to 2009
Graph 4-4 Homebuyer Preferences
1945
Page 60 of 183
KERNERSVILLE GROWTH & TRAFFIC DATA: 2016 22
During the recession, Arthur C. Nelson, Professor of Planning and Real Estate Development at the University of
Arizona published “The New Urbanity: The Rise of a new America”, which is one of the most quoted
documents on how our demographics will change the demand for housing. The National Association of
Realtors published the following table illustrating his findings:
The preferences of today’s homebuyers do not reflect demographic changes that will cause a shift in housing
demands.
A National Association of Realtors 2015 “Community & Transportation Preference Survey” did find common
preferences for walkable communities, with easy access to highways, short commutes and public transit
nearby. Fortunately for Kernersville, the downtown area along with the approved mixed-use developments
of Welden, Calebs Creek, and Smith Crossing are designated areas to meet the demands for walkable mixed-
use developments that will offer a mix of housing types to meet changing demographic demands. The Town
is also pursuing the construction of greenways and sidewalks to retrofit existing residential and commercial
areas to make them more attractive for future buyers and businesses that are looking for walkable, mixed-use,
and livable communities. Kernersville is a job center in the Triad. Along with its central location, it makes
for low commute times. The region’s urban area metropolitan planning organizations, which include PART,
are pursuing expansion of public transit.
The Triad Business Journal reported job growth in the Greensboro metro area between October 2015 to
October 2016 showing a gain of 7,900 new jobs, and 3,100 new jobs in the Winston-Salem metro area. That is
a combined job growth of 11,000 new jobs in areas for which Kernersville has the potential to supply work
force housing. To meet the growing demand for housing, The University of North Carolina at Greensboro’s
Center for Business and Economic Research, Dixon Hughes Goodman – Triad Business Index reported the
Graph 4-5 Projected Housing Demands
Page 61 of 183
KERNERSVILLE GROWTH & TRAFFIC DATA: 2016 23
Triad’s residential permits from May 2015 to May 2016 rose 13.1% and nationally 22.8%, while Kernersville’s
residential permits rose 47% from 43 to 81. Additionally, Kernersville issued 99 new residential permits from
May of 2016 through February 2017.
Single-Family Residential Detached
Single-family residential “detached” homes are housing units that are usually occupied
by one household or family and typically have open space on all four sides and is not
attached to any other structure. The single-family residential “detached” home typically
occupies its own zoning lot.
Between 1996 and 2016, 2,202 single-family detached homes were built in the Town of Kernersville and a small
percentage in the extra-territorial jurisdiction (ETJ). On average, approximately 105 homes were built each year.
Kernersville’s “single-family residential detached” permits peaked at 209 in 2003. During that period of time,
the Town of Kernersville began to oppose “tract housing”, which is a housing development in which nearly
identical houses are built. This was the preferred housing type of national residential building companies
during the housing bubble. The Town felt “tract housing” did not contribute to the Town’s goals of
“maintaining Kernersville’s a small town atmosphere” and “establishing Kernersville as a unique high-quality
community within the Triad.”
During the build-up to the 209 peak in permits for single-family detached housing, Kernersville was averaging a
9% growth rate per year in permits. Using the projection technique, “trend extrapolation,” which takes past
trends and carries them into the future, that 9% growth rate was used for the Community Development
Department’s 2016-2025 projections. A 9% growth rate in permits creates an average of 173 detached
housing units built annually.
The projection of an average of 173 detached housing units built annually would generate 1,561 new single-
family detached homes over the next 9 years. Current approved residential developments are expected to
mirror that projection.
Graph 4-6 Single-Family Residential “Detached”
Housing Units Permits 1996 - 2016 2017 - 2025 Projections
Page 62 of 183
KERNERSVILLE GROWTH & TRAFFIC DATA: 2016 24
Single-Family Residential Attached Single-family residential “attached” homes are housing units that share at least one common wall, and may include twin-home, townhomes and condominiums. If housing units are for sale, the residential attached units are platted and recorded separately and typically the exterior and grounds are managed by a property management company.
Between 1996 and 2016, 798 single-family residential attached homes were built in the Town of Kernersville. On average, approximately 38 attached homes were built each year. Kernersville’s “single-family residential attached” permits peaked at 103 in 2002 and 2005. Most of the approved single-family attached development were built out prior to the recession. The only active development is the final phase of McConnell townhomes (see photo above). The mixed use developments of Welden, Calebs Creek and Smith Crossing all will be building single family residential attached housing units. Due to the inconsistency of active single family attached development, it is difficult to use “trend extrapolation,” taking past trends and carrying them into the future, to project new permitting. With Welden, Calebs Creek, and Smith Crossing developments all starting to move towards single family attached development, Kernersville will begin to see a steady increase in permitting starting in 2018. A 50% increase in permits each year is projected until development reaches 113 housing units each year, which is similar to the pre-recession. Once the Welden, Calebs Creek, and Smith Crossing developments all begin to build their single-family attached housing units, staff will have a better understanding of trends impacting projections and those needing potential revisions. The current demographic and household composition trends of smaller households may cause a much higher demand for attached homes then currently projected.
Graph 4-7 Single-Family Residential “Attached”
Housing Units Permits 1996 - 2016 2017 - 2025 Projections
Page 63 of 183
KERNERSVILLE GROWTH & TRAFFIC DATA: 2016 25
Rental Communities Rental communities are typically apartment complexes. However, in 2016 the Town began work with a development consisting of single family detached homes, townhomes, and apartments. Rental communities can also consist of retirement facilities for elderly residents.
Between 1996 and 2016, 1,871 rental community housing units were built in the Town of Kernersville, with an average of 89 apartment units built each year. The typical market rate rental community is approximately 200 to 300 housing units, with elderly apartments typically averaging between 50 to 100 housing units.
Homeownership peaked in June of 2004 at 69.2%. As reported by the U.S. Census, since the Great Recession of
2007 homeownership rates have declined to 63.7%. The market demand for rental community housing will
remain high, because homeownership rates continue to decline. The decline of homeownership is due to such
demographic dynamics as millennials delaying homeownership, empty nesters seeking to downsize, and the
aging baby boomer population moving into retirement communities. Those trends continue to create demand
for rental communities.
The downtown area, Old Winston Road area, Calebs Creek, Smith Crossing, and Welden are all areas designated
for future rental community growth. Approvals are anticipated for a 170-unit development off of Old Winston
Road, 305 units in Welden, and the completion of the Smith Crossing rental community’s final phase of 148
units. Those units will come in for permitting in 2017 and 2018. The Community Development Department
projects similar trends as the pre-recession period with 267 units being built once every three years.
Graph 4-8 Apartment Housing Unit Permits 1996 – 2016
Projections 2017 - 2025
Page 64 of 183
KERNERSVILLE GROWTH & TRAFFIC DATA: 2016 26
Housing and Population Projections 2017 Through the End of 2025
Based on the projected “attached”, “detached”, and “apartment” units with a projected average of 2.11 persons
per housing unit, it is projected that the 4,383 new housing units will increase population from 23,123 in 2010
to 32,372 by the end of 2025.
Year Housing Units *Population
2010 10,951 23,123
2011 10,998 23,222
2012 11,041 23,313
2013 11,083 23,402
2014 11,142 23,526
2015 11,179 23,604
2016 11,549 24,385
2017 11,978 25,290
2018 12,495 26,381
2019 12,887 27,207
2020 13,061 27,574
2021 13,263 28,001
2022 13,770 29,071
2023 14,068 29,700
2024 14,383 30,364
2025 14,982 31,629
2026 15,334 32,372
*Person Per Unit = 2.11
Year Attached Detached Apt. Total *Population
2010 6 41 0 47 99
2011 6 31 6 43 91
2012 15 21 6 42 89
2013 22 37 0 59 124
2014 6 31 0 37 78
2015 28 42 300 370 781
2016 14 110 305 429 905
2017 14 120 383 517 1,091
2018 21 131 240 392 826
2019 32 142 0 174 367
2020 47 155 0 203 427
2021 71 169 267 507 1,070
2022 113 184 0 298 629
2023 113 201 0 314 664
2024 113 219 267 600 1,265
2025 113 239 0 352 743
Total 735 1,874 1,774 4,383 9,249
*Person Per Unit = 2.11
Table 4-7 Housing Units and Population
2017 – 2025 Projections
Page 65 of 183
KERNERSVILLE GROWTH & TRAFFIC DATA: 2016 27
2017 to 2025 Commercial, Industrial & Office and Institutional Projections
Commercial
“Commercial” data in this report is for new square footage of retail and commercial
type businesses such as restaurants, drug stores, gas stations, retail stores and
hotels.
Historically, the construction of commercial retail space in the United States has seen rapid growth, however
nearly all retail analysts now forecast the growth rate of retail stores to be much slower than in previous years.
The growth of online shopping will be a major contributor in the slow growth rate of new commercial space.
However, brick and mortar stores will not go away. Residential growth will continue to be the major factor for
creating additional demand for retail stores. Many of the national retail stores that are attracted to
Kernersville will be smaller than their current prototype. However, some commercial businesses such as gas
stations like Sheetz are building larger stores to allow them to offer more sales items. “Category stores” like
the electronics “category store” Best Buy, and major retail stores like Walmart, are moving towards smaller
format stores. Also, small “showroom” stores such as Apple Stores are being constructed to meet the
consumer demand to review and touch the product and then go home and purchase on-line. The “big box”
stores are also creating “showrooms” within their stores to promote e-commerce sales. Existing national retail
stores will also be used as a place to pick-up and return items purchased on-line. All of these trends will
continue to require convenient retail locations for the consumers.
The successful implementation of the Kernersville Land Use Plan allowed commercial growth to be strategically
concentrated within commercial pockets, whereas many other communities allowed unplanned disbursement
of commercial developments, thus causing decline of many of their commercial areas. The competitive nature
of the retail industry, along with consumers wanting a pleasant shopping experience, is promoting the trend
towards well-planned shopping and town centers. Friendly Center in Greensboro is a prime example of
meeting the consumer’s shopping experience expectations and offering retailers a competitive atmosphere.
Well-planned neighborhood shopping centers are fundamental in meeting the future commercial demands
caused by residential growth. The Kernersville Land Use Plan and overlay districts are both development tools
promoting commercial development that will substantially meet future commercial development demands.
From 1996 through 2016, Kernersville averaged 124,859 square feet of new commercial space per year. That
large amount of commercial space constructed per year was based on several factors. In the mid-1990s,
there was sufficient demand to attract “big box” retail. The Town strategically placed Walmart on South Main
Street to allow it to anchor the revitalization of existing retail centers and attract additional retail such as Lowes
Home Improvment and Target. South Main Street transitioned from a community retail center to a regional
retail center serving eastern Forsyth County and western Guilford County. Additional retail growth has taken
place along North Main Street and scattered around town. The downtown existing retail space has maintained
Page 66 of 183
KERNERSVILLE GROWTH & TRAFFIC DATA: 2016 28
close to a 0% vacancy rate, which has contributed to renovations of numerous buildings.
The 2017 to 2025 projections are estimating average growth of 90,265 square feet per year of new commercial
growth. That projection follows the retail construction trend between 2001 through 2009 which excludes the
“big box” anchored shopping centers construction. The projected growth build-out uses the historical
commercial construction trend of “peaks and valleys” due to the fact that Kernersville has a small commercial
market with periods of construction followed by periods of absorption of that space. The new commercial
construction is a direct reflection of residential growth refueling the demand for additional commercial space.
New commercial growth is taking place in the NC-66 Metro Activity Center; the intersection of South Main Street
and Old Winston Road; the intersection of NC-66 and the Kernersville Medical Parkway area; and Smith Crossing.
A scattering of infill commercial projects will continue to take place within other commercial areas.
The current Land Use Plan and traffic studies have identified the “NC-66 Metro Activity Center” as the next large
scale commercial retail area. The projected residential growth south of I-40 further supports retail growth on
the south side of I-40 nearest to that residential growth. The new commercial retail space dynamics of smaller
scale retail space may not warrant the construction of an additional “big box” shopping center, but will create
a demand for walkable “town center” type commercial developments that can be accommodated in downtown,
Welden and Smith Crossing. The build-out of those “town centers” will be based on the rate of residential
construction and the evolving retail industry. Community Development staff will continue to follow the
residential construction trends and the commercial industry to adjust the projections with any changing trends
that occur in the future.
Graph 4-10 Commercial Square Footage
1996 – 2016 Actual 2017 – 2025 Projections
Page 67 of 183
KERNERSVILLE GROWTH & TRAFFIC DATA: 2016 29
Business Park Uses - Industrial & Office
“Industrial & Office” data is collected for new square footage of industrial and office type structures used for logistics operations, manufacturing, medical services, construction companies, service businesses, and other industrial and office uses.
Historically, Kernersville has had a diverse industrial and office base. As illustrated in the photo below, Kernersville’s central location in a metropolitan region, along with two interstates bisecting the community, and the close proximity to the Piedmont Triad Airport area has stimulated the diverse industrial and office base. FedEx Ground’s selection of Kernersville for a southeastern regional hub is an example of logistics companies being attracted to the interstate system. The expanded medical services that include Novant’s Kernersville Medical Center, VA Health Center, along with medical office construction by Novant, Moses Cone, and High Point Regional, are all examples of businesses selecting Kernersville due to its central location within the metropolitan region.
Pope Companies, based out of Kernersville, has been a major contributor of the construction of new industrial space for lease. Their lease space is located off of the NC 66 corridor and is served by the interstate system. They also assembled large tracts of vacant land for industrial and office development. Along with Pope Companies, Kernersville has seen major recent investments by TDO Land Holding, the developers of Triad Business Park. The Town of Kernersville strategically provided sewer infrastructure to support industrial growth. Kernersville Medical Boulevard and Triad Business Park are both within areas the Town strategically expanded sewer in order to promote economic development.
Page 68 of 183
KERNERSVILLE GROWTH & TRAFFIC DATA: 2016 30
In addition to a robust interstate system, available sewer, and assemblage of large tracts of land, a community
needs to have growth management tools including a land use plan, zoning, and a thoroughfare plan supporting
the creation and sustainability of industrial and office developments. A major element in a sustainable
industrial and office development is diversity. Reliance on one or two major businesses creates the situation
similar to what has been seen in the tobacco, furniture and textile communities. Kernersville’s Land Use Plan
and Zoning Ordinance provides for a wide range of industrial and office options. The Land Use Plan also
provides the framework for the Thoroughfare Plan to ensure that the capacity of our roads are distributed to a
diversity of uses.
From 1996 through 2016, Kernersville averaged 156,548 square feet of new industrial and office space per year.
That projection followed the industrial and office construction trend between 1996 through 2004 which
excludes the large construction projects of the VA and Deere Hitachi. The Town has the potential to attract
similar large scale projects, and if that takes place staff will revise the projections. The 2017 to 2025 projections
average 190,935 square feet.
Projected growth build-out uses the historical commercial construction trend of “peaks and valleys”, which is
due to the fact that Kernersville is a small commercial market with periods of large commercial projects that
absorb consumer demands, followed by periods of residential growth refueling the demand.
Graph 4-11 New Industrial and Office Square Footage
1996 – 2016 Actual 2017 – 2025 Projections
Page 69 of 183
KERNERSVILLE GROWTH & TRAFFIC DATA: 2016 31
Institutional
“Institutional” data in this report is in reference to new square footage for schools, churches, governmental buildings, medical centers, and nursing homes.
From 1996 to 2016, Kernersville experienced over 1.3 million square feet of new institutional uses with an
average of 63,138 square feet per year. The 220,000 square foot medical center was a major contributor to that
growth. Also constructed during that period were Kernersville Middle and Calebs Creek Elementary schools.
East Forsyth Middle school was annexed into the Town after construction. Several large church expansions also
contributed to the institutional use inventory during this period.
From 2017 to 2025, the Town is expected to experience less growth in institutional uses as compared to the
period from 1996 to 2016. No hospital, nursing home, school or church construction is currently planned.
Institutional uses are typically built to accommodate current and future users, which lengthens the period
between new institutional structure demand. For the period from 2017 to 2025, it is projected that half of the
average annual institutional square footage of 31,569 square feet constructed between 1996 and 2016 will be
constructed. The projected institutional facility demand would accommodate potential uses such as the new
fire station, library and potential recreational center and religious institutional structures.
Graph 4-12 Institutional Square Footage
1996 – 2016 Actual 2017 – 2025 Projections
Page 70 of 183
KERNERSVILLE GROWTH & TRAFFIC DATA: 2016 32
United States Department of Transportation Traffic Trends
The U.S. Department of Transportation monitors traffic volume trends. The national trends show a traffic
volume decline during the recession and since rebounding. The data makes it clear that traffic volumes are
growing nationwide. A 2015 study from INRIX and Texas A&M Transportation Institute (TTI) shows that traffic
congestion has returned to pre-recession levels. This is due to the fact the U.S. economy has regained nearly
all of the 9 million jobs lost during the recession. Traffic counts for 2015 have been integrated into the attached
graphs. NCDOT traffic data is released every two (2) years. 2016 data will not be released until the end of 2017
or beginning of 2018.
Graph 5-1
Traffic Volumes 1991-2015
Traffic Data
Page 71 of 183
KERNERSVILLE GROWTH & TRAFFIC DATA: 2016 33
Source: U.S. Department of Transportation, Federal Highway Administration, Office of Highway Policy Information, Traffic Volume Trends, June 2016
Re: Thoroughfare and Street Plan 2016 Annual Report
Please find attached the Thoroughfare and Street
Plan 2016 Annual Report. The primary finding in
the Annual Report is the Town is at a crossroads in
addressing transportation issues and opportunities.
With the last of the bond money committed, the
Town is currently in the position of either eliminating
the transportation program, or rebuilding a new
program.
Current transportation staff resources and our on-call
engineering consultant services allows for
engineering construction plan reviews; inspection of
public streets being completed by developers; and a
limited amount of long range transportation planning.
The former transportation staff resources that pursued
funding for transportation projects, managed
construction projects, and administered the federal
and state required documentation were eliminated
when the project work load decreased during the
recession, and the transportation bond projects were
completed. The attached “Thoroughfare and Street
Plan Annual Report” states:
Along with the financial resources, made
available through the bond, the Town had in
place the staff resources needed to
efficiently operate a transportation
program. The staff resources, during the
peak of construction, included an
Engineering Division consisting of an
engineer, surveyor and project coordinator;
Transportation Division consisting of
engineer, transportation planner,
construction manager and three
construction inspectors; contracts with
several engineering firms; and several
contracted administrative positions. All of
those transportation staff resources are now
gone except for two construction inspectors
that are inspecting the new residential
developments under construction. The other
positions have been eliminated, except for
two positions that have been restructured to
provide support in the review of
development projects and which assist in
implementing other Town projects.
The current planning process of updating the Town’s
1999 Traffic and Transportation Study will assist the
Town in understanding current and future
transportation issues and opportunities and help guide
the Town’s transportation program. Updating the
Study is also a major work program element to
implement Board of Aldermen adopted policy within
the current Thoroughfare and Street Plan requiring
staff to facilitate:
“Developing a community transportation
vision statement for the Thoroughfare and
Street Plan. Subsequently develop
associated guidelines that prioritize aspects
of a comprehensive transportation system
for the community”.
Please do not hesitate to contact staff if you have any
questions or concerns.
Page 82 of 183
1
Thoroughfare and Street Plan Annual Report 2016
Thoroughfare and Street Plan
Annual Report
During the preparation and adoption of the 2011 Thoroughfare and Street Plan amendment, it
was recognized that implementation of the Thoroughfare and Street Plan recommendations and
policies would be determined by “… available resources to implement the recommendations …”.
The Town of Kernersville had a successful transportation program through the financial
resources made available by the 1998 Transportation Bond. The $7,000,000 bond funds, along
with other funds were successfully used to initiate over $22,000,000 of road improvement related
expenses. Of that expenditure, the Town obtained matching revenue of over $6,500,000 from
other funding sources. The Town of Kernersville will spend its last Transportation Capital
Reserve Fund on the South Main Street/Old Winston Road Intersection improvement project.
Along with the financial resources made available through the bond, the Town had the staff
resources in place to efficiently operate a transportation program. The staff resources, during the
peak of construction, included an Engineering Division consisting of an engineer, surveyor and
project coordinator; Transportation Division consisting of engineer, transportation planner,
construction manager and three construction inspectors; contracts with several engineering firms;
and several contracted administrative positions. All of those transportation staff resources are
now gone except for two construction inspectors that are inspecting the new residential
developments under construction. The other positions have been eliminated, except for two
positions that have been restructured to provide support in the review of development projects
and which assist in implementing other Town projects.
The Town of Kernersville is now in the position to consider reactivating
a transportation program. As the Kernersville area continues to grow,
traffic will increase and sections of the street network will become
congested. The Town of Kernersville requested and was awarded
$80,000 from the Winston-Salem Urban Area Metropolitan Planning
Organization (MPO) to cover 80% of the cost of an engineering firm to
assist in updating the Town’s 1999 Traffic and Transportation Study.
The 1999 Study guided the Town’s transportation capital improvement expenditures associated
with the 1998 Transportation Bond. A traffic and transportation study identifies existing and
future issues and opportunities through a technical review of traffic capacities of streets; traffic
projections; traffic accidents; and other traffic related analysis. The study undertakes multimodal
transportation elements including pedestrian, bicycle, and transit modes. Public participation
will be one of the primary components of the study to assist in confirmation of issues and
opportunities.
Page 83 of 183
2
Thoroughfare and Street Plan Annual Report 2016
Current Identified Transportation Project
The Town’s current list of identified transportation projects, last updated in 2015, is listed below.
Currently the Town is not pursuing construction of any of those projects.
However, several of those projects have seen changes during 2016. NCDOT draft State
Transportation Improvement Program (STIP) has both the Big Mill Farm Road/Business-40 and
Hopkins Road Widening, and Linville Spring Road Extension to North Main Street fully funded,
thus eliminating the need for the Town to undertake the Linville Spring Road Extension to North
Main Street project. The Big Mill Farm Road/Business-40 and Hopkins Road Widening will also
eliminate the need for the Town to undertake the Hopkins Turn Lanes Regent/Timberwood
project, and will further decrease the traffic at the Hopkins Road and Old Winston Road
intersection. This will most likely eliminate the need for the Hopkins & Old Winston
Intersection project. The Lambeth Farm Road Extension to Hopkins Road project was modified
by the Board of Aldermen to have Lambeth Farm Road extend to Old Winston Road.
New Streets and/or Widening SidewalksLinville Springs Road Extension to North Main Street South Main Street Sidewalk - Extension to Century Place Blvd
Lambeth Farm Road Extension to Hopkins Road Bodenhamer Street Sidewalk - Dobson St to W. Mountain St.
Durham Street to Lambeth Farm Road Oakhurst Street Sidewalk - Lambeth Farm Lane to W. Mountain St.
Masten Drive Extension to Union Cross Road Sth. Cherry Street Sidewalk - Oakhurst St to Holy Cross
Shields Road Extension to Macy Grove Road Old Winston Road Sidewalk - Hopkins Rd to Fitness Center
Glenn Hi Road Extension to Teague Lane Pineview Street Sidewalk - S. Main St to Salisbury St.
Temple School Road Extension to Teague Lane Hwy66 Sth Sidewalk - Pinview St to Birch Ln.
Bunker Hill Road Extension to Ogden School Road Broad Street Sidewalk - E. Mountain St to Harmon St.
Piney Grove Widening and Sidewalks - Nelson St to Linville Springs Rd Harmon Street Sidewalk - S. Main St to Broad St
W. Mountain Street Turn Lanes and Sidewalks Greenways
Intersections Southern St to Shopping Center - 10' Pedestrian and Bicycle Trail
Hopkins Road turnlanes at Regents Park Drive and Timberwood Trail Piedmont Greenway - Hastings Hill/Gerry Dr/Long Walk/Bluff School Rd
Old Winston Road at Hopkins Rd Piedmont Greenway - Triad Park/Reedy Fork Creek Section
2015 Tranportation Project List
Page 84 of 183
3
Thoroughfare and Street Plan Annual Report 2016
Current Transportation Projects
NCDOT Projects
U-2579B W-S Beltway B-40 to US 158
o 28.3% completed
U-2800 Macy Grove Road/Business-40 Interchange
o completed
U-4909 Union Cross Road Widening
o completed
U-4734 Macy Grove Road Extension to North Main Street
o ROW acquisition starting in January 2017.
o Construction schedule subject to approval of 2016-2025 NCDOT STIP.
W-5510 South Main Street and Old Winston Road Intersection Improvements
o 16.8% completed
U-5760 Big Mill Farm Road Interchange at B-40 and Hopkin Road Widening from Big
Mill Farm Road to West Mountain Street
o NCOT currently designing.
o ROW acquisition April 2021.
o Construction schedule subject to approval of 2016-2025 NCDOT STIP.
U-6003 Macy Grove Road Extension North Main Street to Piney Grove Road
o Construction schedule subject to approval of 2016-2025 NCDOT STIP.
o Draft schedule ROW acquisition starting in 2021 and construction 2022.
Town Projects
Kerners Mill Greenway
o Design completed
o ROW acquisition currently being completed.
Page 85 of 183
4
Thoroughfare and Street Plan Annual Report 2016
Current Status of Implementing the Recommendation of the Thoroughfare
and Street Plan
Thoroughfare and Street Plan
1. Develop a work program based on available
resources to implement the
recommendations of this study.
Ongoing
2. The recommendations of the Thoroughfare
and Street Plan Study shall be adopted as
amendments to the Thoroughfare and Street
Plan.
Completed
3. The Thoroughfare and Street Plan shall be
amended to reference the findings of the
Thoroughfare and Street Plan Study.
Completed
4. Amend the Thoroughfare and Street Plan
into the current comprehensive
transportation plan (CTP) format required
for all metropolitan planning organization’s
thoroughfare plans, by incorporating the
Pedestrian and Bicycle Plan and work
towards creating a transit section.
Current updating of the 1999
Traffic and Transportation Study
will provide the framework to
pursue a comprehensive
transportation plan (CTP). The
Winston-Salem Urban Area
Metropolitan Planning
Organization has 80% funding
available for assisting communities
to prepare a CTP.
5. Amend the Thoroughfare and Street Plan
definitions for major and minor
thoroughfares to read:
Minor Thoroughfare: A street
which serves as a primary traffic
artery of an urban area, serving the
major centers of activity and
carrying traffic between such
centers at moderate speeds. The
design shall not only include
addressing the level of service and
capacity of a road, but consider
design in the context of the
surrounding land uses and address
the multi-modal transportation
needs of all potential users. Access
to abutting property may be
provided, however, the primary
function is to carry traffic versus
providing property access. The
thoroughfare classifications also
carry traffic between Major
Thoroughfares. Access is primarily
provided by at-grade intersections
which may be signal controlled.
Major Thoroughfare: A
thoroughfare that carries large
volumes of traffic. The design
shall not only include addressing
the level of service and capacity of
a road, but consider design in the
context of the surrounding land
uses and address the multimodal
transportation needs of all potential
users. Access onto the facility is
controlled. Access should only be
at intersections with other streets.
Such intersections should be spaced
at intervals which promote traffic
progression with the absolute
minimal delays incurred.
Completed
6. As NCDOT updates their road
classifications and cross-sections to conform
to the NCDOT Complete Streets Policy (see
Appendix 5 - NCDOT Preliminary Complete
Streets Planning and Design Guideline
Framework), the Town shall consider
amending its Thoroughfare and Street Plan
to incorporate language and road design that
is compatible with the NCDOT Complete
Streets Policy’s road classifications, cross-
sections, and context sensitive road design
principles.
No changes to the NCDOT
Complete Streets Policy.
Community Input
1. Develop a community transportation vision
statement for the Thoroughfare and Street
Plan. Subsequently develop associated
guidelines that prioritize aspects of a
comprehensive transportation system for the
community.
Current updating of the 1999
Traffic and Transportation Study
Adopted Policies
Recommendations
Page 86 of 183
5
Thoroughfare and Street Plan Annual Report 2016
includes developing a community
transportation vision.
2. Promote public participation during the
“trigger points” for community input on
major transportation projects for each of the
major steps in the transportation planning
process.
Staff worked with NCDOT on
encouraging public participation
with the design of the Big Mill
Farm Road Interchange and
Hopkins Road widening.
3. Assign staff to participate with NCDOT TIP
staff on the planning, design, and
construction of TIP projects to allow the
Board of Aldermen to be up-to-date and
consider enhancements to mitigate adverse
impacts to the community and
neighborhoods.
Staff continues to participate with
NCDOT and provide updates to the
Board of Aldermen.
4. The public shall be encouraged to participate
in the design of the new roads and road
widening to assure “context sensitive”
design elements are incorporated into the
final design.
Staff worked with NCDOT on
encouraging public participation
with the design of the Big Mill
Farm Road Interchange and
Hopkins Road widening. Over 300
citizens participated in an open
house design charrette.
Population, Employment and Traffic Trends and
Projections
1. Town shall maintain past, current, and
projected population and employment data
generated at the federal, state, regional,
county, and local level.
Ongoing
2. Town shall maintain past, current, and
projected traffic counts generated at the
state, regional, and local level on GIS. If
staffing and resources are available, develop
a specific local traffic count program to
augment the state and regional.
Ongoing
3. All population, employment and traffic
trends, and projections shall be made
available to the public through the Town’s
website or in written form if requested.
Ongoing
4. A citizen group shall be formed by the
Board of Aldermen to undertake an annual
review of the Town’s growth data and
provide comments to the Planning Board
and Board of Aldermen on data generated at
the Town, county, regional, state, and
federal levels. The citizen group shall be
made up of residential, commercial,
industrial, and institutional property owners.
Completed and ongoing.
Traffic Studies
1. The Town shall work with NCDOT and the
Metropolitan Planning Organizations on
revising the regional traffic modeling for the
Big Mill Farm Road Interchange by using
the Beltway completed, newest Census,
traffic counts, and other demographic data
available to update the traffic model.
Completed and ongoing.
2. The Town’s transportation work program
shall include a long range goal of building a
traffic model that synchronizes the current
and future traffic studies undertaken by
private and public entities. First steps shall
consist of maintaining existing traffic
simulation models in one centrally
organized database with a long term goal of
connecting the missing gaps. Developer’s
traffic impact analysis shall be required to
use and follow the data standards of the
model.
Current updating of the 1999
Traffic and Transportation Study
includes consolidating and
summarizing completed traffic
studies.
3. Town staff shall continue to participate with
NCDOT and the metropolitan planning
organizations on traffic modeling projects.
Ongoing.
4. During the review of major development
proposals, the traffic generation impacts
shall be considered within a traffic impact
analysis. “Major developments” shall be
defined in a Town adopted traffic impact
analysis policy.
Page 87 of 183
6
Thoroughfare and Street Plan Annual Report 2016
Calebs Creek and Welden projects
were required to undertake traffic
studies to allow them to address
adverse traffic and safety impacts.
Road Design Within the Road Network
1. Design of future roads and improvements
shall incorporate the NCDOT’s Complete
Street Policy strategies that incorporate
“transportation, quality of life, and
economic development are all undeniably
connected through well-planned, well-
designed, and context sensitive
transportation solutions”. Town staff shall
work to develop a process that would bring
together the MPO, NCDOT, and the public
to determine what appropriate context
sensitive solutions would be appropriate on
the different classification of roads in
different land use areas within the Town.
See Appendix 5 – “NCDOT Preliminary
Complete Streets Planning & Design
Guidelines Framework” for further
information on “complete streets”.
The Town advocated that the Big
Mill Farm Road Interchange and
Hopkins Road widening follow the
NCDOT Complete Street design
standards for a 2-lane divided
avenue with pedestrian and bicycle
facilities.
The Town placed rezoning
conditions on the Calebs Creek,
Welden, Smith Crossing and
Marketview developments to
incorporate “complete street”
design elements.
2. A comprehensive list of context sensitive
road design elements shall be developed to
create a “tool box” of available design
elements that can be applied to different
road cross-sections.
Currently no funds or staff
resources assigned to project.
3. Design of future roads and improvements
shall not only include addressing the level of
service and capacity of a road, but also
consider design in the context of the
surrounding existing and planned land uses.
The Town advocated that the Big
Mill Farm Road Interchange and
Hopkins Road widening follow the
NCDOT Complete Street design
standards for a 2-lane divided
avenue with pedestrian and bicycle
facilities.
4. In order to reduce the need to widen roads
and create large intersections, connectivity
of the road network shall continue to be
pursued along with traffic calming
principles and devices to control the speed
of through traffic.
Ongoing
5. Town design standards in the Design and
Construction Specifications manual shall be
reviewed every 5 years to ensure community
vision and goals are reflected.
Town updated the “Design and
Construction Specifications”
manual in 2016.
6. Town staff shall work towards a long term
goal of having cross-sections on all
thoroughfare plan elements to provide
further definition to concerned stakeholders.
Future steps shall include coordination and
meetings with NCDOT, MPO staff, as well
as public and businesses.
Currently no staff resources
assigned to project.
7. It is recommended that the NCDOT
Complete Street “2-lane Avenue” street type
be the road design for thoroughfares through
residential neighborhoods. See Appendix 5
– “NCDOT Preliminary Complete Streets
Planning & Design Guidelines Framework”
for further information on “complete
streets”.
Calebs Creek rezoning includes a
condition that Teague Lane and
Ogden School Road shall be a “2-
lane Avenue”.
Current conceptual design of Big
Mill Farm Road and Hopkins Road
widening is a “2-lane Avenue”.
South Main Street, Big Mill Farm Road, Old
Winston Road, and Hopkins Road
1. Complete the current traffic study for South
Main Street/Old Winston Road
improvements, which is being conducted for
the Town by Ramey Kemp and Associates,
in conjunction with the Winston-Salem
Urban Area Metropolitan Planning
Organization, and NCDOT.
Completed
Page 88 of 183
7
Thoroughfare and Street Plan Annual Report 2016
2. After the completion of the South Main
Street/Old Winston Road Traffic Study,
pursue funding for the construction of the
recommended road and intersection
improvements. These improvements should
be considered as the 1# road improvement
for next fiscal year’s Transportation Capital
Improvement Program.
NCDOT is currently constructing
the project with funding support
from the Winston Salem Urban
Area Metropolitan Planning
Organization (MPO) and the Town
of Kernersville.
3. To determine if the South Main Street/Old
Winston Road intersection improvements
are adequate to address the traffic
congestion on South Main Street; the Big
Mill Farm Road Interchange shall not be
built until after the South Main Street/Old
Winston Road intersection improvements
are completed.
Current construction schedule is to
have the South Main Street/Old
Winston Road improvement
completed in 2018, and the Big
Mill Farm Road Interchange at the
to start construction in 2022 at the
earliest.
4. The Town staff shall disseminate to the
community that the Big Mill Farm Road
Interchange is not a NCDOT TIP funded
project and shall notify the community when
NCDOT is considering funding the
interchange.
NCDOT has awarded the funding
to begin the design and they have
begun the design work. The Town
continues promoting public
participation in the design.
5. Big Mill Farm Road and Hopkins Road shall
be designated as a “Minor Thoroughfare” on
the Thoroughfare and Street Plan.
Completed
6. Timberview Drive connection between
Wexford Subdivision and Barrington Park
Subdivision shall not be connected.
No plans on connection.
7. Work with the Winston-Salem Urban Area
Metropolitan Planning Organization, and
NCDOT to incorporate the recently adopted
NCDOT Complete Street Policy to design
the proposed Big Mill Farm Road and
Hopkins Road north of Big Mill Farm Road
in the context of the neighborhood. It is
recommended that the NCDOT Complete
Street “2-lane Avenue” street type be the
road design for Big Mill Farm Road and
Hopkins Road. See Appendix 5 –
“NCDOT Preliminary Complete Streets
Planning & Design Guidelines Framework”
for further information on “complete
streets”.
The Town advocated that the Big
Mill Farm Road Interchange and
Hopkins Road widening follow the
NCDOT Complete Street design
standards for a 2-lane divided
avenue with pedestrian and bicycle
facilities. Current conceptual
design is a 2-lane divided.
8. After the Town completes its
comprehensive list of “context sensitive”
road design elements and determines design
elements that can be applied to the
NCDOT’s Hopkins Road and Big Mill Farm
road project, encourage public participation
to recommend “context sensitive” design
elements for the road project.
Staff worked with NCDOT on
encouraging public participation
with the design of the Big Mill
Farm Road Interchange and
Hopkins Road widening. Over 300
citizens participated in an open
house design charrette.
9. Continue to maintain the population and
employment and traffic projections for the
Western Road Network and planning
schedule of the B-40/Big Mill Farm Road
Interchange to keep the residents and
businesses up-to-date on the status of the
project.
Ongoing
10. Continue to obtain and protect the right-of-
way needed for the ultimate improvements
even as smaller incremental improvements
are phased in. This is to assist in
minimizing the impact on future property
owners and lower the cost of future road
widening.
Ongoing
Page 89 of 183
8
Thoroughfare and Street Plan Annual Report 2016
Public Awareness
1. Community Development staff shall develop
a program and material to present to the
local real estate firms that provide
information on the Thoroughfare and Street
Plan. At a minimum, annually staff shall
distribute the material and offer to make
presentations to the local offices.
Ongoing
2. Staff shall present an annual report to the
Planning Board and Board of Aldermen on
the status of implementing the Thoroughfare
and Street Plan and Transportation Capital
Improvement Program and shall include
press releases regarding the report.
Ongoing
3. Public Services staff shall develop a signage
program that identifies future road corridor
and widening projects, similar to the “future
interstate signage” used on the Federal
Interstate system.
Currently no funds or staff
resources assigned to project.
4. During the preliminary subdivisions and
special use district rezoning, a condition of
approval shall include the requirement that
deeds shall contain language on future road
corridors and widening projects in or
adjacent to the development.
Ongoing, during rezoning staff
recommends developers to
dedicated the property associated
with any future road widening.
5. Community Development staff shall develop
a homeowner’s association list to distribute
information regarding future road corridor
and widening projects.
Currently no funds or staff
resources assigned to project.
6. The Town of Kernersville shall maintain
data to assist residents and businesses in
understanding if and when a potential road
project is justified based on level of service,
traffic counts, safety issues, and other
related justification for road projects. The
projected data associated with traffic studies
and models shall be adjusted as actual
populations and traffic data is received to
reflect current base line conditions.
Ongoing.
7. During the next revision of the
Kernersville’s website home page, add a
direct link to Town adopted plans that
include the Thoroughfare and Street Plan.
Website home page has a
“Community Development” launch
which has direct link to
Thoroughfare and Street Plan.
Transportation Program 1. The transportation program shall pursue the
development of data and analysis to allow
for the Town to have factual information on
the capacity of the thoroughfares and their
intersections; traffic counts and projections;
and cost benefit analysis of potential road
improvements to allow for prioritizing road
improvements through the Transportation
Capital Improvement Program.
Current updating of the 1999
Traffic and Transportation Study
includes gathering the required
data for the analysis to determine
issues and opportunities, thus allow
the Town to look at prioritizing
projects.
2. Consideration shall be given to adequately
fund road improvements through the Capital
Improvement Program after the fiscal year
2013-14. Funding will need to be sufficient
to adequately address infrastructure
maintenance, staffing and transportation
improvement goals established by the Board
of Aldermen.
Ongoing
3. The Transportation Division shall continue
to coordinate transportation planning and
improvements with NCDOT and the local
metropolitan planning organizations.
The Transportation Division was
restructured into the Community
Development Department’s
Planning and Engineering
Division.
Page 90 of 183
9
Thoroughfare and Street Plan Annual Report 2016
Example of a “Complete Street Design”
The following adopted recommendations are
being pursued, with some of the road
improvements completed or underway.
Interstates
o Issue: The interstates of I-40 and B-40
are the primary thoroughfares carrying
local and through traffic. When the
Interstates reach capacity, the local
traffic will begin to divert to the local
road network and increasing local
traffic congestion. The NCDOT
Transportation Improvement Program
(TIP) has a project to add an additional
lane to I-40.
o Recommendations: The Town shall begin to work
with the Winston-Salem Urban
Area Metropolitan Planning
Organization and NCDOT to
study the feasibility of adding
an additional lane on B-40.
o Issue: The Town’s primary access to
the proposed Beltway will be via B-
40/South Main Interchange. The
additional traffic attracted to the
Beltway via the B-40/South Main
Interchange will only compound the
traffic congestion on South Main Street.
The Board of Aldermen in a 2005
Resolution to NCDOT, requested
NCDOT to build the B-40/Big Mill
Farm Road Interchange at the same
time of the beltway to address the traffic
issues that the Beltway will cause in
Kernersville because there will be no
direct access to the Beltway with the
elimination of the possible West
Mountain Street Interchange.
o Recommendation: The Town shall continue to
work with the Winston-Salem
Urban Area Metropolitan
Planning Organization, and
NCDOT to address this
Beltway access issue.
Western Road Network
o Issue: The NCDOT approved
feasibility study for the proposed 4-lane
road improvement for Big Mill Farm
Road and Hopkins Road north of Big
Mill Farm Road has the potential to
adversely impact the adjacent
residential neighborhoods.
o Recommendations:
The Town shall begin to work with
the Winston Salem Urban Area
Metropolitan Planning
Organization, and NCDOT to
incorporate the recently adopted
NCDOT Complete Street Policy to
design the roadway in the context
of the neighborhood. It is
recommended that the NCDOT
Complete Street “2-lane Avenue”
street type be the road design for
thoroughfares through residential
neighborhoods. See Appendix 5 –
“NCDOT Preliminary Complete
Streets Planning & Design
Guidelines Framework” for further
information on “complete streets”.
o Issue: Planned future road and road
widening projects have the potential of
negative and/or positive impacts on the
surrounding area in such residential and
commercial areas of Hopkins Road
(Kernersville Boulevard), Big Mill
Farm Road (Kernersville Boulevard),
South Main Street, and West Mountain
Street. Many times, the current
property owners along the corridors are
concerned about the unknowns of when
a road project will take place and future
phases of the project.
o Recommendations:
As property is developed along the
corridors that will experience road
widening or new projects, the
Town shall pursue the required
right-of-ways and easements for the
ultimate potential road width to
assist in minimizing the future
impacts of the road improvements.
The Town shall develop the data
that can be provided to adjacent
property owners with projections of
when road improvement projects
Road Network Recommendations
Page 91 of 183
10
Thoroughfare and Street Plan Annual Report 2016
will be required, and what type of
road improvement would
potentially take place if funding
was available.
The Town shall develop
enhancement standards that can be
used to assist in minimizing the
future adverse impacts of the road
improvements, such as
landscaping, lighting fixtures,
sidewalks, bike lanes, etc. that offer
the opportunity to enhance the area.
o Issue: Even with the Big Mill Farm Road
Extension and Interchange improvements,
South Main Street is projected to have a
Level of Service “E” or worse.
o Recommendations: The Town shall continue to work
with the Winston-Salem Urban
Area Metropolitan Planning
Organization and NCDOT to place
the B-40/Big Mill Farm Road
Interchange on the NCDOT
Transportation Improvement
Program, with the recommendation
that context sensitive road design
be used through the Big Mill Farm
Road and Hopkins Road residential
neighborhoods. It is recommended
that the NCDOT Complete Street
“2-lane Avenue” street type be the
road design for Big Mill Farm
Road and Hopkins Road. See
Appendix 5 – “NCDOT
Preliminary Complete Streets
Planning & Design Guidelines
Framework” for further
information on “complete streets”.
The Town shall continue to work
with the Winston Salem Urban
Area Metropolitan Planning
Organization and NCDOT to
pursue road improvement to South
Main Street that will enhance its
capacity as recommended in the
Ramey Kemp South Main Street
Area Traffic Study, while
incorporating citizen and business
input.
o Issue: The Airport Connector is currently a
proposed road project that is a part of the
Regional Traffic Model. When the Airport
Connector is a part of the regional model,
the traffic model tends to under estimate
future traffic conditions in Kernersville,
which would lessen the justification of MPO
and NCDOT funding for road improvements
in Kernersville. The Airport Connector is
not likely to be constructed, or if it is
constructed, it will be in a location further
north toward Walkertown.
o Recommendation:
The Town shall work closely with
the Metropolitan Planning
Organizations (MPO) and NCDOT
in taking the Airport Connector off
the LRTP and preventing the
current proposed Airport Connector
to be a part of the regional traffic
model until such time as the
Beltway is in the foreseeable future
and the need for a Beltway
connector is needed.
Each time the Regional Traffic
Model is run to evaluate traffic
conditions in the Kernersville area,
the model should include runs with
and without the Airport Connector.
The traffic modeling with and
without the Airport Connector
would allow for a better
understanding of potential future
traffic conditions.
Northern Road Network
o Issue: Funding is a major challenge on
facilitating the construction of the
Kernersville Boulevard. Without the
improvements, the northern road
network will far exceed its capacity to
carry the traffic demands, and the
Downtown traffic congestion will
continue to escalate.
o Recommendations:
The Town shall begin to work
with the Winston Salem Urban
Area Metropolitan Planning
Organization, and NCDOT to
obtain construction funding for
the Macy Grove Interchange
and the Macy Grove Road
extension to North Main
Street.
The Town shall determine if
the funding within the Capital
Improvement Program is
available in the future for
construction of the Macy
Grove extension from North
Page 92 of 183
11
Thoroughfare and Street Plan Annual Report 2016
Main Street to Piney Grove
Road.
Since the ultimate traffic flow
benefits of the Kernersville
Boulevard are not reached
until the connection is made to
Linville Springs Road, the
Town shall begin to investigate
the funding of the Linville
Springs Extension through
NCDOT funds as well.
o Issue: The proposed 4-lane road
improvement for the Macy Grove extensions
and Linville Springs Road widening has the
potential to adversely impact the adjacent
residential neighborhoods.
o Recommendation:
The Town shall begin to work with
the Winston-Salem Urban Area
Metropolitan Planning
Organization and NCDOT to
incorporate the recently adopted
NCDOT Complete Street Policy to
design the roadway in the context
of the neighborhood, which shall
consider all available NCDOT
cross sections. It is recommended
that the NCDOT Complete Street
“2-lane Avenue” street type be the
road design for thoroughfares
through residential neighborhoods.
See Appendix 5 – “NCDOT
Preliminary Complete Streets
Planning & Design Guidelines
Framework” for further
information on “complete streets”.
o Issue: Planned future road and road
widening projects have the potential of
negative and/or positive impacts on the
surrounding area in such residential and
commercial areas of Linville Springs Road
and Extensions (Kernersville Boulevard),
Smith Edwards Road (Kernersville
Boulevard), and Piney Grove Road. Many
times, the current property owners along the
corridors are concerned about the unknowns
of when a road project will take place and
future phases of the project.
o Recommendations:
As property is developed along the
corridors that will experience road
widening or new projects, the
Town shall pursue the required
right-of-ways and easement for the
ultimate potential road width to
assist in minimizing the future
impacts of the road improvements.
The Town shall develop the data
that can be provided to adjacent
property owners with projections of
when road improvement projects
will be required and what type of
road improvement would
potentially take place if funding
was available.
The Town shall develop
enhancement standards that can be
used to assist in minimizing the
future adverse impacts of the road
improvements, such as
landscaping, lighting fixtures,
sidewalks, bike lanes, etc. that offer
the opportunity to enhance the area.
Central Road Network (Downtown)
o Issue: In the downtown area, road
improvement options are limited due to
existing businesses and homes in close
proximity to the street. Even with the
completion of the proposed Kernersville
Boulevard, the level of service of the
downtown section of North Main Street,
residential sections of South Main
Street and South Cherry Street, and East
Bodenhamer Street are projected to be
at a Level of Service “E” or worse in
2035. South and North Cherry Street
has the most potential for road
improvements that will enhance traffic
flow, while being designed in the
context of the downtown and residential
area it travels through.
o Recommendation:
Undertake a study to begin the
process of expanding the
downtown streetscape
improvements, similar to
North Main, to North Cherry,
South Cherry, South Main,
East Mountain and West
Mountain and study alternative
road improvements which
would include one-way pairs;
2-lane divided “complete street
design” (see to the left for
example in downtown New
Bern); and other types of
alternatives.
Page 93 of 183
12
Thoroughfare and Street Plan Annual Report 2016
o Issue: Planned future road and road
widening projects have the potential of
negative and/or positive impacts on the
surrounding area in such residential,
commercial and downtown areas of
South Cherry Street, North Cherry
Street, West Mountain Street, East
Mountain Street, and South Main Street.
Many times, the current property
owners along the corridors are
concerned about the unknowns of when
a road project will take place and future
phases of the project.
o Recommendations: As property is developed along the
corridors that will experience road
widening or new projects, the Town
shall pursue the required right-of-ways
and easement for the ultimate potential
road width to assist in minimizing the
future impacts of the road
improvements.
The Town shall develop the data that
can be provided to adjacent property
owners with projections of when road
improvement projects will be required
and what type of road improvement
would potentially take place if funding
was available.
The Town shall develop enhancement
standards that can be used to assist in
minimizing the future adverse impacts
of the road improvements, such as
landscaping, lighting fixtures,
sidewalks, bike lanes, etc. that offer
the opportunity to enhance the area.
It is recommended that the NCDOT
Complete Street “2-lane Avenue”
street type be the road design for
thoroughfares through residential
neighborhoods. See Appendix 5 –
“NCDOT Preliminary Complete
Streets Planning & Design Guidelines
Framework” for further information on
“complete streets”.
Eastern Road Network
o Issue: With the anticipated, relatively
rapid growth in the area south of B-40
and east of NC66, the Town will need
to pursue road improvements and
additions to the existing road network.
Funding will remain a major challenge
on facilitating the improvements to NC
66 South intersections and the I-40
interchange. Without improvements,
NC 66 South, I-40, and B-40
interchanges will far exceed the
capacity to carry future traffic demands.
o Recommendations:
The Town shall begin to work with the
Winston-Salem Urban Area
Metropolitan Planning Organization
for planning funds to determine what
type of improvements could take place
and their cost.
The Town shall begin work with the
High Point MPO to coordinate land
use and necessary transportation
improvements between NC 66 and
Bunker Hill Road around I-40,
including a potential I-40 interchange
at Macy Grove Road.
o Issue: With the anticipated, relatively rapid
growth in the area surrounding the airport
(Aerotropolis) the Town will need to pursue
road improvements and additions to the
existing road network. Funding will remain
a major challenge. With only 1 major east-
west freeway connection east of B-40,
higher priority will need to be given to local
road network.
o Recommendations: The Town shall begin to work with the
Greensboro MPO to coordinate land
use and necessary transportation
improvements between the two
municipalities north of I-40.
o Issue: Planned future road and road
widening projects have the potential of
negative and/or positive impacts on the
surrounding area in such residential,
Commercial, and industrial areas of Macy
Grove Road and Shields Road Extension
(Kernersville boulevard). Many times, the
current property owners along the corridors
are concerned about the unknowns of when
a road project will take place and future
phases of the project.
o Recommendations: As property is developed along
the corridors that will
experience road widening or
new projects, the Town shall
pursue the required right-of-
ways and easement for the
ultimate potential road width
to assist in minimizing the
future impacts of the road
improvements.
Page 94 of 183
13
Thoroughfare and Street Plan Annual Report 2016
The Town shall develop the
data that can be provided to
adjacent property owners with
projections of when road
improvement projects will be
required, and what type of road
improvements would
potentially take place if
funding was available.
The Town shall develop
enhancement standards that
can be used to assist in
minimizing the future adverse
impacts of the road
improvements, such as
landscaping, lighting fixtures,
sidewalks, bike lanes, etc. that
offer the opportunity to
enhance the area.
The Town shall continue to
develop a process of
coordinating the planning for
the major thoroughfares, minor
thoroughfares, and collector
streets with the Greensboro
Urban Area Metropolitan
Planning Organization, High
Point Urban Area Metropolitan
Planning Organization, and
residents. Based on the
determination of required
cross-sections, staff will
complete functional “context
sensitive” road designs.
It is recommended that the
NCDOT Complete Street “2-
lane Avenue” street type be the
road design for thoroughfares
through residential
neighborhoods. See Appendix
5 – “NCDOT Preliminary
Complete Streets Planning &
Design Guidelines
Framework” for further
information on “complete
streets”.
Southern Road Network
o Issue: With the anticipated relatively rapid
growth in the area, south of I-40, the Town
will need to pursue road improvements and
additions to the existing road network.
Funding will remain a major challenge to
facilitate those improvements. The Town has
a planned thoroughfare network that is
projected to meet traffic demands. Without
the implementation of that thoroughfare plan
the road network south of I-40 will far exceed
the capacity to carry future traffic demands:
o Recommendations:
The Town shall continue to work
with the Forsyth County
Commission, Winston-Salem Urban
Area Metropolitan Planning
Organization, and developers in
implementing the thoroughfare plan
south of I-40.
With the major roads and
interchanges seemingly adequately
planned for the future, the County
and Town will need to work towards
reserving the rights-of-ways for
these improvements and ensure
connectivity between the
thoroughfares.
o Issue: Planned future road and road
widening projects have the potential of
negative and/or positive impacts on the
surrounding area in such residential,
commercial and industrial areas of NC 66,
Union Cross Road, Whicker Road and
Extension (Kernersville Boulevard), Shields
Road (Kernersville Boulevard), Old Salem
Road, Glenwood Drive, Teague Lane, Glen
Hi/Bunker Hill Extension, and Temple
School Road Extension. Many times, the
current property owners along the corridors
are concerned about the unknowns of when a
road project will take place and future phases
of the project.
o Recommendations: As property is developed along the
corridors that will experience road
widening or new projects, the Town
shall pursue the required right-of-
ways and easements for the ultimate
potential road width to assist in
minimizing the future impacts of the
road improvements.
The Town shall develop the data that
can be provided to adjacent property
owners with projections of when
road improvement projects will be
required and what type of road
improvements would potentially
take place if funding was available.
The Town shall develop
enhancement standards that can be
used to assist in minimizing the
future adverse impacts of the road
improvements, such as landscaping,
Page 95 of 183
14
Thoroughfare and Street Plan Annual Report 2016
lighting fixtures, sidewalks, bike
lanes, etc. that offer the opportunity
to enhance the area.
It is recommended that the NCDOT
Complete Street “2-lane Avenue”
street type be the road design for
thoroughfares through residential
neighborhoods. See Appendix 5 –
“NCDOT Preliminary Complete
Streets Planning & Design
Guidelines Framework” for further
information on “complete streets”.
Page 96 of 183
TOWN OF KERNERSVILLE
P.O. Box 728 Kernersville, NC 27285-0728
134 East Mountain Street Telephone (336) 996-3121
Fax (336) 996-4822
Dawn H. Morgan, Mayor Curtis L. Swisher, Town Manager
ALDERMEN Kenny Crews - Irving Neal - Joe L. Pinnix Jr. - Tracey H. Shifflette - Chris Thompson
NORTH CAROLINA’S
PIEDMONT TRIAD
MEMORANDUM To: Curtis L. Swisher, Town Manager
From: Franz Ader, Finance Director
Subject: Budget Amendment Request #1 for Fiscal Year 2017‐18
Date: July 26, 2017
The Budget Amendment #1 (FY17‐18) Ordinance for consideration by the Board of Aldermen is attached. Specifically, budget amendments are being requested for the following: General Fund – Expenditures 1. To increase the Administration Department expenditures in the amount of $56 to cover Worker’s Compensation excess insurance premiums. 2. To increase the Inspections Department expenditures in the amount of $73 to cover Worker’s Compensation excess insurance premiums.
3. To increase the Planning and Zoning Department expenditures in the amount of $66 to cover Worker’s Compensation excess insurance premiums. 4. To increase the Finance Department expenditures in the amount of $24,592 to primarily cover the following expenses budgeted yet unspent at fiscal year‐end (FY16‐17): training and supervisory coaching, required accounting and database operating software upgrades.
5. To increase the Information Systems Department expenditures in the amount of $64 to cover Worker’s Compensation excess insurance premiums. 6. To increase the Human Resources Department expenditures in the amount of $63 to cover Worker’s Compensation excess insurance premiums.
7. To increase the Police Department expenditures in the amount of $843,554 to primarily cover Motorola Radio Project and radar expenses budgeted yet unspent at fiscal year‐end (FY16‐17):
8. To increase the Fire Department expenditures in the amount of $14,625 to primarily cover safety supplies budgeted yet unspent at fiscal year‐end (FY16‐17). 9. To increase the Engineering Department expenditures in the amount of $70,018 to primarily cover consultant transportation traffic study expenses budgeted yet unspent at fiscal year‐end (FY16‐17).
Page 97 of 183
Budget Amendment Request #1 (FY17‐18) July 26, 2017 Page 2 of 3
10. To increase the Special Appropriations Department expenditures in the amount of $184,360 to reflect a transfer from the General Fund to the Capital Reserve Fund for Caleb’s Creek Road, Sewer and Recreation Fees and Welden's Development Recreation Fee.
11. To increase the Street Department expenditures in the amount of $43,277 to primarily cover Hook‐Lift Truck and Snow‐Plow attachments budgeted yet unspent at fiscal year‐end (FY16‐17).
12. To increase the Solid Waste Department expenditures in the amount of $158 to cover Worker’s Compensation excess insurance premiums.
13. To increase the Public Services – Administration Department expenditures in the amount of $64 to cover Worker’s Compensation excess insurance premiums.
14. To increase the General Services Department expenditures in the amount of $95,153 to primarily cover Clearing and Demo of Reedy Fork Pump Station removal of Erosion Control Devices and the planting of Riparian Trees at Reedy Fork Waste Water Treatment Plant.
15. To increase the Central Maintenance Department expenditures in the amount of $94 to cover Worker’s Compensation excess insurance premiums.
16. To increase the Recreation Department expenditures in the amount of $68,146 to primarily cover shelter construction (loan) expenses at Fourth of July Park budgeted yet unspent at fiscal year‐end (FY16‐17). General Fund – Revenues 1. To increase the Restricted Intergovernmental Revenues in the total amount of $174,000 to reflect revenues anticipated from the following: CCUC reimbursements for water and sewer construction expenses ($94,000) and reimbursements from the MPO transportation projects ($80,000). 2. To increase the fund balance appropriated in the amount of $1,170,363 to balance the General Fund revenues with expenditures. Capital Reserve Fund – Expenditures To increase the expenditures in the amount of $184,360 to reflect the reserve for future development fee projects. Capital Reserve Fund – Revenues To increase the revenues in the amount of $184,360 to reflect development fee collections from fiscal year 2016‐17.
Page 98 of 183
Budget Amendment Request #1 (FY17‐18) July 26, 2017 Page 3 of 3
E911 Fund – Expenditures To increase the expenditures in the amount of $8,760 to cover CAD software expenditures budgeted yet unspent at fiscal year‐end (FY16‐17). E911 Reserve Fund – Revenues To increase the revenues from Forsyth County in the amount of $8,760 to offset expenditures. Worker’s Compensation Self Insurance Fund – Expenditures To increase the expenditures in the amount of $3,116 to cover stop loss insurance expenditures. Worker’s Compensation Self Insurance Fund – Revenues To increase the revenues from charges for services in the amount of $3,116 to offset expenditures. Stormwater Fund – Expenditures To increase the expenditures in the amount of $232,779 to primarily cover to primarily cover a Hook‐Lift Truck with Leaf Vacuum unspent at fiscal year‐end (FY16‐17). Stormwater Fund – Revenues To increase the revenues in the amount of $232,779 to offset expenditures. Public Works Facility Capital Project Ordinance Fund – Expenditures To increase the expenditure in an amount of $441,100 to reflect a transfer to the General Fund for a loan payment. Public Works Facility Capital Project Ordinance Fund – Revenues To increase the revenues in the amount of $441,100 to offset expenditures. Fire Department Facility Capital Project Ordinance Fund – Expenditures To increase the expenditure in the net amount of $700,000 to reflect an estimated increase in construction cost for the new Fire Station. Fire Department Facility Capital Project Ordinance Fund – Revenues To increase the loan revenues in the amount of $700,000 to offset expenditures.
Page 99 of 183
General Fund - Expenditures Decrease Increase New Approp.
Administration Department 56 344,233
Inspections Department 73 509,884
Planning & Zoining Department 66 402,405
Finance Department 24,592 935,166
Information Technology Department 64 664,309
Human Resources Department 63 581,381
Police Department 843,554 9,608,715
Fire Department 14,625 6,087,880
Engineering Department 70,018 460,336
Transfer to Capital Reserve Fund - Development Fees 184,360 404,108
Public Services-Street Department 43,277 2,939,259
Public Services-Solid Waste Department 158 1,871,831
Public Services-Administration Department 64 663,210
General Services Department 95,153 780,945
Public Services-Central Maintenance Department 94 1,461,137
Recreation Department 68,146 2,329,063Total 0 1,344,363
ORDINANCE NO. TOWN OF KERNERSVILLEBUDGET AMENDMENT # 1
Be it hereby ordained by the Board of Aldermen of the Town of Kernersville that the following amendment be made to the Budget Ordinance adopted on the 27th day of June, 2017 as follows:
Section 1. To amend the General Fund, the expenditures are to be changed as follows:
This will result in a net increase of $1,344,363 in the expenditures of the General Fund. The above changes in expenditures will require an adjustment to revenues as follows:
Page 100 of 183
ORDINANCE NO. TOWN OF KERNERSVILLEBUDGET AMENDMENT # 1
General Fund - Revenues Decrease Increase New Approp.
Due from CCUC- GF Project Reimbursement 94,000 94,000
Due from Metro Planning Organization 80,000 80,000
Fund Balance Approp. 1,170,363 1,170,363Total 0 1,344,363
Capital Reserve Fund - Expenditures Decrease Increase New Approp.
Reserve for Future Development Fee Projects 184,360 818,966Total 0 184,360
Capital Reserve Fund - Revenues Decrease Increase New Approp.
Transfer fr General Fund-for future Development Fee Projects 184,360 184,360Total 0 184,360
E-911 Fund - Expenditures Decrease Increase New Approp.
E-911 Fund Expenditures 8,760 71,027Total 0 8,760
E-911 Fund - Revenues Decrease Increase New Approp.
Forsyth County Reimbursement 8,760 36,760Total 0 8,760
Worker's Comp-SIF Fund Expenditures Decrease Increase New Approp.
Stop Loss Insurance 3,116 63,100Total 0 3,116
Section 4. To amend the Worker's Comp-SIF Fund, the expenses are to be changed as follows:
Section 2. To amend the Capital Reserve Fund, the expenditures are to be changed as follows:
This will result in a net increase of $184,966 in the expenditures of the Capital Reserve Fund. The above changes in expenditures will require an adjustment to revenues as follows:
Section 3. To amend the E-911 Fund, the expenses are to be changed as follows:
This will result in a net increase of $8,760 in the expenditures of the E-911 Fund. The above changes in expenditures will require an adjustment to revenues as follows:
Page 101 of 183
ORDINANCE NO. TOWN OF KERNERSVILLEBUDGET AMENDMENT # 1
Worker's Comp-SIF Fund Revenues Decrease Increase New Approp.
Charges for Services 3,116 307,000
Total 0 3,116
Stormwater Fund Expenditures Decrease Increase New Approp.
PW Facility CPO Fund Revenues Decrease Increase New Approp.
Transfer fr General Fund 441,100 1,008,426Total 0 441,100
This will result in a net increase of $3,116 in the expenditures of the Worker's Comp-SIF Fund. The above changes in expenditures will require an adjustment to revenues as follows:
Section 5. To amend the Stormwater Fund, the expenses are to be changed as follows:
This will result in a net increase of $232,779 in the expenditures of the Stormwater Fund. The above changes in expenditures will require an adjustment to revenues as follows:
Section 6. To amend the PW Facility CPO Fund, the expenses are to be changed as follows:
This will result in a net increase of $441,100 in the expenditures of the PW Facility CPO Fund. The above
Page 102 of 183
ORDINANCE NO. TOWN OF KERNERSVILLEBUDGET AMENDMENT # 1
Fire Dept. Facility CPO Fund Expenditures Decrease Increase New Approp.
Capital Outlay - Building I.P. 700,000 6,900,000Total 0 700,000
Fire Dept. Facility CPO Fund Revenues Decrease Increase New Approp.
I.P. Loan Proceeds 700,000 6,900,000
Total 0 700,000
Adopted this the 1st day of August, 2017.
Dawn H. Morgan, Mayor
ATTEST:
This will result in a net increase of $700,000 in the expenditures of the Fire Dept. Facility CPO Fund. The above changes in expenditures will require an adjustment to revenues as follows:
Section 8. Copies of the budget amendment shall be furnished by the Town Clerk of the Board of Aldermen, the Budget Officer, and Finance Director for their directions.
Keith Hooker, Town Clerk
Section 7. To amend the Fire Dept. Facility CPO Fund, the expenses are to be changed as follows:
Page 103 of 183
ALDERMEN Kenny Crews - Irving Neal - Joe L. Pinnix Jr. - Tracey H. Shifflette - Chris Thompson
K ERNERSVILLE
N ORTH C AROLINA
P.O. Box 728 Kernersville, NC 27285-0728
Dawn H. Morgan, Mayor Curtis L. Swisher, Town Manager
134 East Mountain Street Telephone: (336) 996-3121
SEAL O
F THE
TOWN OF KERNERSVILLE , NC
INCORPORATED 1871
1756
MEMORANDUM
To: Curtis Swisher, Town Manager
From: Franz Ader, Finance Director
Date: July 28, 2017
Subject: New Fire Station Building – Construction Contract Bid Award Recommendation
The attached bid tabulation recommends the award of construction contract for the new Fire Station to the lowest responsive and responsible bidder per North Carolina G.S. 143-129.
DISCUSSION
On July 25, 2017 at 2:00 pm, the Town of Kernersville opened sealed bids as part of the formal bidding process following the advertisement for bids. The objective of the formal bidding process was to contract with the lowest responsive and responsible bidder for the construction of a new Fire Station building. The Town received a total of eight (8) from the following companies:
Company Base Bid Amount R.P. Murray $4,461,210 W.C. Construction $4,672,000 Holden Building Company, Inc. $4,838,195 KMD Construction, LLC $4,875,570 TCC Enterprises $5,019,100 PRO Construction $5,141,180 H.M. Kern Corporation $5,142,000 J.G. Corum Company, Inc. $5,204,500
BID PROCEDURES
The formal bidding procedure was used to solicit construction bids and requires proper legal authority from the Town of Kernersville Board of Aldermen to award the contract as authorized and explained in the North Carolina G.S. 143-129.
EVALUATION
R.P. Murray, Inc. submitted the lowest responsive and responsible bid of $4,461,210. The Town of Kernersville consulted with the Architect of Record (ADW Architects) and verified the company’s bid amount, experience, and excellent references.
RECOMMENDATION
We recommend the Board of Aldermen accept the low bid and award the construction contract to R.P. Murray, Inc., contingent upon loan approval to construct such from the North Carolina State Treasurer – Local Government Commission at their meeting on September 12, 2017.
Page 104 of 183
RESOLUTION NO. 2017 - ____
AWARDING CONSTRUCTION CONTRACT TO AND AUTHORIZING THE TOWN MANAGER TO EXECUTE A CONSTRUCTION CONTRACT WITH THE LOWEST
BIDDER FOR THE NEW FIRE STATION PROJECT WHEREAS, on August 1, 2017, the Town of Kernersville Board of Aldermen tentatively
approved a financing agreement for the construction of a new Fire Station building on N.C. Highway 66 South, Kernersville, North Carolina 27284; and
WHEREAS, the Architect’s Estimate for the Project including construction and land purchase
was $6,900,000; and WHEREAS, the Project construction was advertised and eight (8) sealed bid proposals were
received and opened on July 25, 2017, which ranged from $4,461,210 to $5,204,500, and the lowest responsible base bid was submitted by R.P. Murray, Inc. of Kernersville, NC, in the amount of $4,461,210; and
WHEREAS, no bid protest was filed with the Town within five (5) days of the bid opening as
set forth in the project plans and specifications; and WHEREAS, staff recommends that the Board of Aldermen award a construction contract to and
authorize the Town Manager to execute a construction contract with the lowest responsible bidder for the Project in conformity with State law and Town requirements; and
NOW, THEREFORE, the Board of Aldermen of the Town of Kernersville hereby finds,
determines, and resolves as follows:
1. The Board of Aldermen finds the recitals set forth above are found to be true and correct and are incorporated herein by reference.
2. The Board of Aldermen hereby award, conditioned upon financing approval from
the North Carolina – Local Government Commission (LGC) at their September 12, 2017 meeting, a construction contract not to exceed $4,461,210 for the construction of a new Fire Station to R.P. Murray, Inc. Upon LGC approval, the Town Manager is hereby authorized to execute the aforementioned contract.
Adopted this the 1st day of August, 2017. (SEAL) _______________________________ Dawn H. Morgan, Mayor Attest: _________________________________ Keith Hooker, Town Clerk
Page 105 of 183
Kernersville Fire Rescue Station No. 42 Bid-Tab
Kernersville, NC
Bid Tabulation Form - General Construction - Single Prime
ALDERMEN Kenny Crews - Irving Neal - Joe L. Pinnix Jr. - Tracey H. Shifflette - Chris Thompson
K ERNERSVILLE
N ORTH C AROLINA
P.O. Box 728 Kernersville, NC 27285-0728
Dawn H. Morgan, Mayor Curtis L. Swisher, Town Manager
134 East Mountain Street Telephone: (336) 996-3121
SEAL O
F THE
TOWN OF KERNERSVILLE , NC
INCORPORATED 1871
1756
MEMORANDUM To: Curtis Swisher, Town Manager
From: Franz Ader, Finance Director
Date: July 31, 2017
Subject: Equipment Financing Recommendation
The purchase of equipment (attached) through loan financing was approved in the Fiscal Year 2017-18 Operating Budget. The Finance Department submitted a proposal request to thirteen lenders for a loan financing contract in an amount not to exceed $1,290,035. The following seven lenders responded with quotes:
LENDER INTEREST
RATE PREPAY.
PREMIUM CLOSING
COSTS DEPOSITORY REQUIMENT
BB&T Governmental Finance 1.91% 1% none none
First National Bank 1.91% 0% ≤ $3,000 1 $129,004
SunTrust 1.93% 2 ≤ 3% $250 none
First Citizens Bank 1.96% 0% none none
PNC Bank 1.97% 3 ≤ 3% $250 none
Capital Bank 2.30% 0% $2,225 none
Wells Fargo 2.39% 0% none none
1 10% of principal amount for the duration of the loan. 2 3% in year 1, 2% in year 2, 1% in year 3. No premium in year 4 and 5. 3 3% of principal balance after year 2.
BB&T Governmental Finance submitted the lowest total cost proposal of $1,352,740 containing the following: 20 quarterly payments with equal principal and an interest rate of 1.910% for the entire term of fifty-nine months. Although First National Bank submitted an identical interest rate, their closing costs were higher and the depository requirements were deemed not to be in the best interest of the Town. Based on BB&T’s submittal of a financing agreement that best meets the needs of the Town and the fact that the Town does not have a prevalence of loan prepayment, I recommend that BB&T Governmental Finance be awarded an equipment installment financing contract in accordance with North Carolina General Statute 160A-20. Action Requested: Board of Aldermen award of an equipment financing contract with BB&T and approval of the attached Financing Resolution.
Page 107 of 183
Equipment Financing Recommendation FYE18 Page 2 of 2
BUDGETED EQUIPMENT LIST FISCAL YEAR 2017-18
EQUIPMENT DESCRIPTION COST
Inspections Field Vehicle (1) Chevy Silverado $24,000
Equipped Patrol Car Replacements (8) Chevy Tahoes $389,000
Equipped Fire Staff Vehicle (1) Chevy Tahoe $40,000
Crew Cab Pickup Truck (1) Ford F-350 $49,500
Virtual Server Storage $77,635
Courtroom Chamber Tech Upgrades $36,000
In-Car Camera Replacements (8) $46,400
AED Replacements (8) $34,000
Thermal Imaging Camera (2) $20,000
Bobcat Overseeder Attachment $6,500
Jacobsen Truckster $30,000
Furniture and Appliances $225,000
Hydraulic Lift $25,000
Salt Brine Spray Systems (3) $18,000
Salt Brine Mixer $35,000
Automatic Security Gates $21,000
ADA Equipment $213,000
Total $1,290,035
Page 108 of 183
RESOLUTION NO.
RESOLUTION APPROVING FINANCING TERMS WHEREAS: The Town of Kernersville, North Carolina (the “Town”) has previously determined
to undertake a project for financing of vehicle and equipment (the “Project”), and the Finance Officer has now presented a proposal for the financing of such Project.
BE IT THEREFORE RESOLVED, by the governing body for the Town of Kernersville, North Carolina as follows:
1. The Town hereby determines to finance the Project through Branch Banking and Trust Company (“BB&T”), in accordance with the proposal dated July 25, 2017. The amount financed shall not exceed $1,290,035, the annual interest rate shall not exceed 1.91%, and the financing term shall not exceed five (5) years.
2. All financing contracts and all related documents for the closing of the financing
(the “Financing Documents”) shall be consistent with the foregoing terms. All officers and employees of the Town are hereby authorized and directed to execute and deliver any Financing Documents, and to take all such further action as they may consider necessary or desirable, to carry out the financing of the Project as contemplated by the proposal and this resolution.
3. The Finance Officer is hereby authorized and directed to hold executed copies of
the Financing Documents until the conditions for the delivery of the Financing Documents have been completed to such officer's satisfaction. The Finance Officer is authorized to approve changes to any Financing Documents previously signed by Town officers or employees, provided that such changes shall not substantially alter the intent of such documents or certificates from the intent expressed in the forms executed by such officers. The Financing Documents shall be in such final forms as the Finance Officer shall approve, with the Finance Officer’s release of any Financing Document for delivery constituting conclusive evidence of such officer's final approval of the Document’s final form.
4. The Town shall not take or omit to take any action the taking or omission of which
shall cause its interest payments on this financing to be includable in the gross income for federal income tax purposes of the registered owners of the interest payment obligations. The Town hereby designates its obligations to make principal and interest payments under the Financing Documents as "qualified tax-exempt obligations" for the purpose of Internal Revenue Code Section 265(b)(3).
5. The Town intends that the adoption of this resolution will be a declaration of the Town’s official intent to reimburse expenditures for the project that is to be financed from the proceeds of the BB&T financing described above. The Town intends that funds that have been advanced, or that may be advanced, from the Town’s general fund, or any other Town fund related to the project, for project costs may be reimbursed from the financing proceeds.
Page 109 of 183
6. All prior actions of Town officers in furtherance of the purposes of this resolution are hereby ratified, approved and confirmed. All other resolutions (or parts thereof) in conflict with this resolution are hereby repealed, to the extent of the conflict. This resolution shall take effect immediately.
Approved this 1st day of August, 2017. (SEAL) _______________________________ Dawn H. Morgan, Mayor Attest: _________________________________ Keith Hooker, Town Clerk
Page 110 of 183
NORTH CAROLINA AMENDMENT TO EMPLOYMENT AGREEMENT
FORSYTH COUNTY
THIS AMENDMENT TO EMPLOYMENT AGREEMENT is made and entered this the _____
day of ______, 2017, by and between the Town of Kernersville, a North Carolina Municipal
Corporation located in Forsyth and Guilford Counties, sometimes hereinafter referred to as the
“Town” or “Employer”, and Curtis L. Swisher, a citizen and resident of Kernersville, Forsyth
County, North Carolina, sometimes hereinafter referred to as “Employee” or “Town Manager”;
W I T N E S S E T H
WHEREAS, the Town and Town Manager entered into an Employment Agreement dated
February 5, 2008; and
WHEREAS, the parties having, from time to time entered into Amendments to the
Employment Agreement dated February 5, 2008; and
WHEREAS, the Board of Aldermen has ordained that the Town Manager’s compensation
be amended effective July 1, 2017; and
WHEREAS, the parties agree that the intent of the Board of Aldermen can be fulfilled
best by modifying the provisions of the Employment Agreement, setting annual compensation
for the Kernersville Town Manager in accordance with current Ordinances governing
compensation for the Town Manager.
NOW THEREFORE, in consideration of the conditions, promises, and covenants
contained herein, the parties agree as follows:
1. Section 7 of the Employment Agreement dated February 5, 2008, is hereby
amended to read as follows:
“Section 7. Salary and Benefits. Employer shall pay Employee, for his services
rendered, an annual salary of One Hundred Thirty-One Thousand Forty and no/100 Dollars
($131,040.00) paid in accordance with the Town of Kernersville Employee Payment Plan. Any
adjustment to said annual base salary, or any other compensation provided for herein that is
not provided to all other full-time Town employees, shall be established by the Board of
Aldermen by Ordinance. Employee shall also receive, as compensation, the following:
(A) An additional three percent (3%) of Employee’s Annual Salary shall be paid,
annually, into the Town Manager’s Deferred Compensation Plan Account (established pursuant
to IRS code section 457[b] or 401[k]).”
Page 111 of 183
(B) An annual allowance equal to the Membership Dues of a Civic Club of the Town
Manager’s choice up to One Thousand and no/100 Dollars ($1,000.00)
(C) A monthly automobile allowance of Six Hundred and no/100 Dollars ($600.00).
(D) One (1) week of paid vacation annually in addition to that which the Town Manager
is entitled, and accrues, as an employee of the Town.
(E) Issuance of a cell phone for Town Business for which the Town shall pay the monthly
service charges.
(F) All other usual benefits afforded other Town employees as defined by the Personnel
Policy of the Town, including, but not limited to such as relate to health and life insurance, sick
leave, and 401(K) contributions.
2. The remaining Section 7 of the Agreement shall remain in full force and effect.
3. All other sections of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF the Town of Kernersville has caused this Agreement to be
executed on its behalf by its Mayor and duly attested to by its Town Clerk, and Employee has
executed this Agreement, the day and year first above written.
EMPLOYER:
TOWN OF KERNERSVILLE
By: _________________________________
Dawn H. Morgan, Mayor
Attested to:
_______________________________
Keith Hooker, Town Clerk
EMPLOYEE:
CURTIS L. SWISHER
_______________________________ (Seal)
Curtis L. Swisher
S:\TOK\TOWNMGR.CLS\Emp Agr Amend.2017.doc
Page 112 of 183
IIEALTO IIS‘commerciallllliance
[BREALTORONorth Carolina Association
of REALTORS®
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
THIS AGREEMENT, includingany and all addenda attached hereto (“Agreement”), is by and betweenTown of Kemersville,A North Carolina municipality, located in the County of Forsyth (“Buyer”), andRichard T. Hedgecock, a citizen and resident of Forsyth County, North Carolina and Penny S. Hedgecock, a citizen and resident of
Forsyth County, North Carolina (“Sellers”).
FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH HEREIN AND OTHER GOOD ANDVALUABLE CONSIDERATION, TI-IE RECEIPT AND SUFFICIENCY OF WHICH AREHEREBY ACKNOWLEDGED, THEPARTIES HERETO AGREE AS FOLLOWS:
Section 1. Terms and Definitions: The terms listed below shall have the respectivemeaning given them as set forth adjacent to eachterm.
(a) “Property”: (Address): SEE ATTACHED EXHIBIT A
Plat Reference: Lot(s) , Block or Section
at Page(s) ,
If this box is checked, “Property” shall mean that property described on Exhibit A attached hereto and incorporatedherewith by reference, .
as shown on Plat Book or Slide
County, consisting of acres.
(For information purposes: (i) the tax parcel number of the Property is: ; and,(ii) some or all of the Property, consisting of approximately acres, is described in Deed Book ,Page No. , ' County.) '
together with all buildings and improvements thereon and all ?xtures and appurtenances thereto and all personal property, if any,itemized on Exhibit A.
$10,000.00 (b) “Purchase Price” shall mean the sum of Ten Thousand Dollars
payable on the following terms:
lg (i) “Earnest Money” shall mean N/ADollars
or terms as follows:N1A_
Upon this Agreement becoming a contract in accordance with Section 14, the Earnest Money shall bepromptlydeposited in escrow with NA (name of person/entity with whom deposited-“Escrow Agent”), to
be applied as part payment of the Purchase Price of the Property at Closing, or disbursed as agreed uponunder the provisions of Section 10 herein.
CI ANY EARNEST MONEY DEPOSITED BY BUYER IN A TRUST ACCOUNT MAY BEPLACED IN AN INTEREST BEARING TRUST ACCOUNT, AND: (check only ONE box)
El ANY INTEREST EARNED THEREON SHALL BE APPLIED AS PART PAYMENT OF THEPURCHASE PRICE OF THE PROPERTY AT CLOSING, OR DISBURSED AS AGREED UPONUNDER THE PROVISIONS OF SECTION 10 HEREIN. (Buyer’s Taxpayer Identi?cation Numberis: 1
CI ANY INTEREST EARNED THEREON SHALL BELONG TO THE ACCOUNT HOLDER INCONSIDERATION OF THE EXPENSES INCURRED BY MAINTAINING SUCH ACCOUNTAND RECORDS ASSOCIATED THEREWITH.
N/A (ii) Proceeds of a new loan in the amount of N/A Dollars for a term of N/A years, with an amortizationperiod not to exceed N/A years, at an interest rate not to exceed N/A% per annum with mortgage loan
Page 1 ofl0
Page 113 of 183
discount points not to exceed N/A% of the loan amount, or such other terms as may be set forth on ExhibitB. Buyer shall pay all costs associated with any such loan.
pig (iii) Delivery of a promissory note secured by a deed of trust, said promissory note in the amount of MADollars being payable over a term of N_/l4_years, with an amortizationperiod of _ years, payable in monthlyinstallmentsof principal, together with accrued interest on the outstandingprincipalbalanceat the rate ofMApercent (N_/4%)per annum in the amount of 31%, with the first principal payment beginningon thefirst day of the month next succeeding the date of Closing, or such other terms as may be set forth onExhibit B. At any time, the promissory note may be prepaid in whole or in part without penalty andwithoutfurther intereston the amounts prepaid from the date of such prepayment. (NOTE: In the event ofBuyer’s subsequent default upon a promissory note and deed of trust given hereunder, Seller’sremedies may be limited to foreclosure of the Property. If the deed of trust given hereunder issubordinated to senior financing, the material terms of such ?nancing must be set forth on Exhibit B.If such senior financing is subsequently foreclosed, the Seller may have no remedy to recover underthe note.)
N_/A (iv) Assumption of that unpaid obligation of Seller secured by a deed of trust on the Property, suchobligation having an outstandingprincipal balanceof $_N1Aand evidencedby a note bearinginterestat therate of N/A percent ( N/A %) per annum,and a current payment amount of $_l‘L&.
$10,000.00 (V)Cash, balance of Purchase Price, at Closing in the amount of Ten Thousand Dollars.
(c) “Closing” shall mean the date of completion of the process detailed in Section 11 of this Agreement. Closing shalloccur on or before September 15,2017.
(d) “Contract Date” means the date this Agreement has been fully executed by both Buyer and Seller.
(e) “Examination Period” shall mean the period beginning on the first day after the Contract Date and extendingthrough 5:00pm (based upon time at the locale of the Property) on
TIME IS OF THE ESSENCE AS TO THE EXAMINATION PERIOD.
(f) “Brokergsg” shallmean:
None
(g) “Seller’s Notice Address” shall be as follows:105North Main Street
Kemersville,NC 27284
except as same may be changedpursuant to Section 12.
(h) “Buyer’s Notice Address” shall be as follows:
c/o John Wolfe, Wolfe & Associates
101 South Main Street
Kemersville,NC 27284
except as same may be changedpursuant to Section 12.
(i) If this block is marked,additionalterms of this Agreement are set forth on Exhibit B and Exhibit C attachedheretoand incorporatedhereinby reference.(Note: Under North Carolina law, real estate agents are not permitted to
This standardformhas been approved jointlyby: North CarolinaNorth Carolina Bar Association — NC Bar FormNo. 580T
NorthCarolinaAssociation of Rea1tors®, Inc. — StandardFO1‘lTl580T
Page 114 of 183
draft conditions or contingencies to this Agreement.)
Section 2. Sale of Property and Payment of Purchase Price: Seller agrees to sell and Buyer agrees to buy the Property for the
PurchasePrice. '
Section 3. Proration of Expenses and Payment of Costs: Seller and Buyer agree that all property taxes (on a calendar year basis),
leases, rents, mortgage payments and utilities or any other assumed liabilities as detailed on attached Exhibit B, if any, shall be
prorated as of the date of Closing. Seller shall pay for preparation of a deed and all other documents necessary to perform Seller’s
obligations under this Agreement, excise tax (revenue stamps), any deferred or rollback taxes, and other conveyance fees or taxes
requiredby law, and the following:Any expenses incurred for service ordered by Seller.
Buyer shall pay recording costs, costs of any title search, title insurance, survey, the cost of any inspections or investigationsundertakenby Buyer under this Agreement and the following:Any expenses incurred for service ordered by Buyer.Each party shallpay its own attorney's fees.
Section 4. Deliveries: Seller agrees to use best efforts to deliver to Buyer as soon as reasonablypossible after the Contract Date copiesof
all material information relevant to the Property in the possession of Seller, including but not limited to: title insurance policies (and
copies of any documents referenced therein), surveys, soil test reports, environmentalsurveys or reports, site plans, civil drawings,building plans, maintenance records and copies of all presently effective warranties or service contracts related to the Property. Sellerauthorizes(1) any attorney presentlyor previouslyrepresentingSeller to release and disclose any title insurancepolicy in such attorney's
?le to Buyer and both Buyer's and Seller's agents and attorneys; and (2) the Property’s title insurer or its agent to release and discloseallmaterialsin the Property's title insurer's (or title insurer's agent's) file to Buyer and both Buyer's and Seller's agents and attorneys. IfBuyer does not consummate the Closing for any reason other than Seller default,then Buyer shall return to Seller all materials deliveredby Seller to Buyer pursuant to this Section 4 (or Section 7, if applicable),if any, and shall,upon Seller's request, provide to Seller copiesof (subject to the ownershipand copyright interests of the preparer thereof) any and all studies,reports, surveys and other informationrelating directly to the Property preparedby or at the request of Buyer, its employees and agents, and shall deliver to Seller, upon thereleaseof the Earnest Money, copiesof all of the foregoing without any warranty or representationby Buyer as to the contents, accuracy
or correctness thereof.
Section 5. Evidence of Title: Seller agrees to convey fee simple insurable title to the Property without exception for mechanics’ liens,free and clear of all liens, encumbrances and defects of title other than: (a) zoning ordinances affecting the Property, (b) Leases (asdefined in Section 7, if applicable) and (c) speci?c instruments on the public record at the Contract Date agreed to by Buyer (notobjected to by Buyer prior to the end of the Examination Period), which speci?c instruments shall be enumerated in the deedreferenced in Section 11 (items 5(a), 5(b) and 5(0) being collectively “Permitted Exceptions”); provided that Seller shall be required to
satisfy, at or prior to Closing, any encumbrancesthat may be satis?ed by the payment of a fixed sum of money, such as deeds of trust,
mortgages or statutory liens. Seller shall not enter into or record any instrument that affects the Property (or any personal propertylisted on Exhibit A) after the Contract Date without the prior written consent of Buyer, which consent shall not be unreasonablywithheld,conditionedor delayed.
Section 6. Conditions: This Agreement and the rights and obligations of the parties under this Agreement are hereby made expresslyconditionedupon ful?llment (or waiver by Buyer, whether explicit or implied) of the following conditions:
(a) New Loan: The Buyer must be able to obtain the loan, if any, referenced in Section l(b)(ii). Notwithstanding,after EA,Seller may request in writing from Buyer a copy of the commitment letter. If Buyer fails to provide Seller a copy of the commitmentletter within ?ve (5) days of receipt of Seller’s request, then Seller may terminate this Agreement by written notice to Buyer at anytime thereafter, provided Seller has not then received a copy of the commitment letter, and Buyer shall receive a return of EarnestMoney.
(b) Qualificationfor Assumption: The obligations of Buyer under this Agreement are conditioned upon Buyer being ableto assume the existing loan described above. If such assumption requires the lender’s approval, Buyer agrees to use its best efforts to
secure such approval and to advise Seller immediately upon receipt of the lender’s decision. Approval must be granted on or before. On or before this date, Buyer has the right to terminate this Agreement for failure to be able to
This standard form has been approvedjointly by: North CarolinaNorth Carolina Bar Association- NC Bar Form No. 580T
North Carolina Associationof Realtors®, Inc. — Standard Form 580T
Page 115 of 183
assume the loan describedabove by delivering to Seller written notice of termination by the above date, time being ofthe essence. IfBuyer delivers such notice, this Agreement shall be null and void and Earnest Money shall be refunded to Buyer. If Buyer fails todeliver such notice, then Buyer will be deemed to have waived this condition. Unless provided otherwisein Section 3 hereof, Buyershall pay all fees and costs associatedwith any such assumption, including any assumption fee charged by the lender. At or beforeClosing, Seller shall assign to Buyer all interest of Seller in any current reserves or escrows held by the lender, any propertymanagement company and/or Seller, includingbut not limited to any tenant improvement reserves, leasing commission reserves,security deposits and operating or capital reserves for which Seller shall be credited said amounts at Closing.
(c) Title Examination: After the Contract Date, Buyer shall,at Buyer’s expense, cause a title examinationto be made of theProperty before the end of the ExaminationPeriod. In the event that such title examination shall show that Seller’s title is not feesimple insurable,subject only to Permitted Exceptions,then Buyer shall promptly notify Seller in writing of all such title defects andexceptions, in no case later than the end of the Examination Period, and Seller shall have thirty (30) days to cure said noticed defects.If Seller does not cure the defects or objectionswithin thirty (30) days of notice thereof, then Buyer may terminate this Agreement andreceive a return of Earnest Money (notwithstandingthat the Examination Period may have expired). If Buyer is to purchase titleinsurance,the insuring company must be licensed to do business in the state in which the Property is located. Title to the Propertymust be insurableat regular rates, subject only to standard exceptions and Permitted Exceptions.
((1) Same Condition: If the Property is not in substantially the same condition at Closing as of the date of the offer,reasonable wear and tear excepted, then the Buyer may (i) terminate this Agreement and receive a return of the Earnest Money or (ii)proceed to Closing whereuponBuyer shall be entitled to receive, in addition to the Property, any of the Seller's insuranceproceedspayable on account of the damage or destructionapplicable to the Property.
(e) Inspections: Buyer, its agents or representatives, at Buyer’s expense and at reasonable times during normal businesshours, shall have the right to enter upon the Property for the purpose of inspecting, examining, conducting timber cruises, andsurveying the Property; provided, however,that Buyer shall not conduct any invasive testing of any nature without the prior expresswritten approval of Seller as to each speci?c invasive test intended to be conductedby Buyer. Buyer shall conduct all such on-siteinspections, examinations,testing, timber cruises and surveying of the Property in a good and workmanlikemanner, at Buyer’sexpense, shall repair any damage to the Property caused by Buyer's entry and on-site inspections and shall conductsame in a mannerthat does not unreasonablyinterferewith Seller's or any tenant's use and enjoyment of the Property. In that respect, Buyer shall makereasonable efforts to undertake on-site inspections outside of the hours Seller’s or any tenant's business is open to the public. Buyershall provide Seller or any tenant (as applicable) reasonable advance notice of and Buyer shall cause its agents or representatives andthird party service providers (e.g. inspectors,surveyors, etc.) to give reasonable advance notice of any entry onto the Property. Buyershall be obligated to observe and comply with any terms of any tenant lease which conditions access to such tenant’s space at theProperty. Upon Seller's request, Buyer shall provide to Seller evidence of general liability insurance. Buyer shall also have a right toreview and inspect all contracts or other agreements affecting or related directly to the Property and shall be entitled to review suchbooks and records of Seller that relate directly to the operation and maintenanceof the Property, provided, however, that Buyer shallnot disclose any informationregarding this Property (or any tenant therein) unless required by law and the same shall be regarded ascon?dential,to any person, except to its attorneys, accountants, lenders and other professional advisors, in which case Buyer shallobtain their agreement to maintain such con?dentiality. Buyer assumes all responsibility for the acts of itself, its agents orrepresentatives in exercising its rights under this Section 6(e) and agrees to indemnify and hold Seller harmless from any damagesresulting therefrom. This indemni?cationobligation of Buyer shall survive the Closing or earlier terminationof this Agreement.Except as provided in Section 6(c) above, Buyer shall have from the Contract Date through the end of the ExaminationPeriod toperform the above inspections,examinationsand testing. IF BUYER CHOOSES NOT TO PURCHASE THE PROPERTY, FORANY REASON OR NO REASON, AND PROVIDES WRITTEN NOTICE TO SELLER THEREOF PRIOR TO THEEXPIRATION OF THE EXAMINATION PERIOD, THEN THIS AGREEMENT SHALL TERMINATE, AND BUYERSHALL RECEIVE A RETURN OF THE EARNEST MONEY.
Section 7. Leases (Check one of the following, as applicable):
If this box is checked, Seller affirmatively represents and warrants that there are no Leases (as hereinafterde?ned)affecting the Property.
Cl If this box is checked, Seller discloses that there are one or more leases affecting the Property ("Leases”) and the
This standard form has been approved jointly by: North CarolinaNorth Carolina Bar Association — NC Bar FormNo. 580T
North Carolina Associationof Realtors®, Inc. — Standard Fom-1580T
Page 116 of 183
following provisions are hereby made a part of this Agreement.
(a) A list of all Leases shall be set forth on Exhibit B. Seller represents and warrants that as of the Contract Date, there are
no other Leases, oral or written, recorded or not, nor any subleases affecting the Property, except as set forth on Exhibit B;
(b) Seller shall deliver copies of any Leases to Buyer pursuant to Section 4 as if the Leases were listed therein;
(c) Seller represents and warrants that as of the Contract Date there are no current defaults (or any existing situation which,with the passage of time, or the giving of notice, or both, or at the election of either landlord or tenant could constitute a default) eitherby Seller, as landlord, or by any tenant under any Lease ("Lease Default"). In the event there is any Lease Default as of the Contract
Date, Seller agrees to provide Buyer with a detailed description of the situationin accordance with Section 4. Seller agrees not to
commit a Lease Default as Landlord after the Contract Date, and agrees further to notify Buyer immediately in the event a Lease
Default arises or is claimed,asserted or threatened to be assertedby either Seller or a tenant under the Lease.
(d) In addition to the conditionsprovided in Section 6 of this Agreement, this Agreement and the rights and obligations of
the parties under this Agreement are hereby made expresslyconditionedupon the assignment of Seller's interest in any Lease to Buyer
in form and content acceptable to Buyer (with tenant's written consent and acknowledgement, if required under the Lease). Selleragrees to deliver an assignment of any Lease at or before Closing, with any security deposits held by Seller under any Leases to be
transferred or credited to Buyer at or before Closing. The assignment shall provide: (i) that Seller shall defend, indemnify and hold
Buyer harmless from claims, losses, damages and liabilities (including, without limitation, court costs and attorneys’ fees) asserted
against or incurred by Buyer which are caused by or the result of any default by Seller under any Lease prior to the date of Closing,and (ii) that Buyer shall defend, indemnify and hold Seller harmless from claims, losses, damages and liabilities (including, withoutlimitation, court costs and attorneys’ fees) asserted against or incurred by Seller which are caused by or the result of any default byBuyer under any Lease after the date of Closing.
(e) Seller also agrees to execute and deliver (and work diligently to obtain any tenant signatures necessary for same) any
estoppel certi?cates and subordination,nondisturbance and attornment agreements in such form as Buyer may reasonablyrequest.
Section 8. Environmental: Seller represents and warrants that it has no actual knowledge of the presence or disposal, except as inaccordance with applicable law, within the buildings or on the Property of hazardous or toxic waste or substances, which are definedas those substances, materials, and wastes, including, but not limited to, those substances, materials and wastes listed in the UnitedStates Department of TransportationHazardous Materials Table (49 CFR Part 172.101) or by the EnvironmentalProtection Agency as
hazardous substances (40 CFR Part 302.4) and amendments thereto, or such substances, materials and wastes, which are or becomeregulated under any applicable local, state or federal law, including, without limitation, any material, waste or substance which is(i) petroleum, (ii) asbestos, (iii) polychlorinatedbiphenyls, (iv) designated as a Hazardous Substance pursuant to Section 311 of theClean Water Act of 1977 (33 U.S.C. §l32l) or listed pursuant to Section 307 of the Clean Water Act of 1977 (33 U.S.C. §l317), (V)defined as a hazardous waste pursuant to Section 1004 of the Resource Conservationand Recovery Act of 1976 (42 U.S.C. §6903) or
(vi) defined as a hazardous substance pursuant to Section 101 of the Comprehensive Enviromnental Response, Compensation andLiability Act of 1980 (42 U.S.C. §9601). Seller has no actual knowledge of any contamination of the Property from such substances as
may have been disposed of or stored on neighboring tracts.
Section 9. Risk of Loss/Damage/Repair: Until Closing, the risk of loss or damage to the Property, except as otherwise providedherein, shall be borne by Seller. Except as to maintaining the Property in its same condition, Seller shall have no responsibility for therepair of the Property, including any improvements, unless the partieshereto agree in writing.
Section 10. Earnest Money Disbursement: In the event that any condition hereto is not satis?ed, then the Earnest Money shall berefunded to Buyer. In the event of breach of this Agreement by Seller, the Earnest Money shall be refunded to Buyer upon Buyer’s
request, but such return shall not affect any other remedies available to Buyer for such breach. In the event of breach of thisAgreement by Buyer, the Earnest Money Deposit shall be paid to Seller as liquidated damages and as Seller’s sole and exclusiveremedy for such breach, but without limiting Seller’s rights under Section 6(e) or Section 22 of this Agreement. It is acknowledged bythe parties that payment of the Earnest Money to Seller in the event of a breach of this Agreement by Buyer is compensatory and not
punitive, such amount being a reasonable estimation of the actual loss that Seller would incur as a result of such breach. The payment
of the Earnest Money to Seller shall not constitute a penalty or forfeiture but actual compensation for Seller's anticipated loss, bothparties acknowledging the difficulty determining Seller’s actual damages for such breach.
This standardform has been approvedjointly by: North CarolinaNorth Carolina Bar Association— NC Bar Form No. 580T
North Carolina Association of Rea1tors®, Inc. — Standard Form 580T
Page 117 of 183
NOTE: In the event of a dispute between Seller and Buyer over the dispositionof the Earnest Money held in escrow, a licensedrealestate broker is required by state law (and Escrow Agent, if not a broker,hereby agrees) to retain the Earnest Money in the EscrowAgent’s trust or escrow account until Escrow Agent has obtained a written release from the parties consenting to its disposition oruntil disbursement is ordered by a court of competent jurisdiction. Alternatively, if a broker or an attorney licensed to practice law inNorth Carolina is holding the Earnest Money, the broker or attorney may deposit the disputed monies with the appropriate clerk ofcourt in accordancewith the provisions of N.C.G.S. §93A- 12.Seller and Buyer hereby agree and acknowledge that the Escrow Agent assumes no liability in connection with the holding of theEarnest Money pursuant hereto except for negligence or Wlllflllmisconductof Escrow Agent. Escrow Agent shall not be responsiblefor the validity, correctness or genuineness of any document or notice referred to under this Agreement. Seller and Buyer herebyagree to indemnify, protect, save and hold harmlessEscrow Agent and its successors, assigns and agents pursuant to this Agreement,?om any and all liabilities, obligations, losses, damages, claims, actions, suits, costs or expenses (including attorney fees) ofwhatsoever kind or nature imposed on, incurredby or asserted against Escrow Agent which in any way relate to or arise out of theexecution and delivery of this Agreement and any action takenhereunder;provided,however, that Seller and Buyer shall have no suchobligationto indemnify, save and hold harmlessEscrow Agent for any liabilityincurred by, imposed upon or established against it asa result of Escrow Agent’s negligence or willful misconduct.
Section 11. Closing: At or before Closing, Seller shall deliver to Buyer a special warranty deed unless otherwisespecified on ExhibitB and other documents customarilyexecuted or deliveredby a seller in similar transactions,includingwithout limitation,a bill of salefor any personalty listed on Exhibit A, an owner’s af?davit, lien waiver forms (and such other lien related documentationas shallpermit the Property to be conveyed free and clear of any claim for mechanics’ liens) and a non-foreign status affidavit (pursuant to theForeignInvestment in Real PropertyTax Act), and Buyer shall cause to be deliveredthe funds necessary to pay to Seller the PurchasePrice. The Closing shall be conductedby Buyer’s attorney or handled in such other manner as the parties hereto may mutuallyagree inwriting. Possession shall be delivered at Closing, unless otherwise agreed herein. The Purchase Price and other funds to be disbursedpursuant to this Agreement shall not be disbursed until the Buyer’s attomey’s (or other designated settlement agent’s) receipt ofauthorizationto disburse all necessary funds.
Section 12. Notices: Unless otherwise provided herein, all notices and other communicationswhich may be or are required to begiven or made by any party to the other in connection herewith shall be in writing (which shall include electronic mail) and shall bedeemed to have been properly given and received (i) on the date deliveredin person or (ii) the date deposited in the United Statesmail, registered or certi?ed, return receipt requested, to the addresses set out in Section l(g) as to Seller and in Section l(h) as toBuyer, or at such other addressesas specified by written notice delivered in accordance herewith, (iii) upon the sender’s receipt ofevidenceof complete and successful transmission of electronic mail or facsimile to the electronicmail address or facsimile number, ifany, provided in Section l(g) as to Seller and in Section l(h) as to Buyer or (iv) on the date deposited with a recognized overnightdelivery service, addressed to the addressesset out in Section l(g) as to Seller and in Section l(h) as to Buyer, or at such otheraddresses as speci?ed by written notice delivered in accordance herewith. If a notice is sent by more than one method, it will bedeemedreceived upon the earlier of the dates of receipt pursuant to this Section.
Section 13. Counterparts; Entire Agreement: This Agreement may be executed in one or more counterparts, whichtaken together,shall constitute one and the same original document. Copies of original signature pages of this Agreement may be exchanged viafacsimile or e-mail, and any such copies shall constitute originals. This Agreement constitutes the sole and entire agreement amongthe parties hereto and no modi?cation of this Agreement shall be binding unless in writing and signed by all parties hereto. Theinvalidityof one or more provisionsof this Agreement shall not affect the validity of any other provisions hereof and this Agreementshallbe construed and enforced as if such invalid provisions were not included.
Section 14. Enforceability: This Agreement shall become a contract when signed by both Buyer and Seller and such signing iscommunicated to both parties; it being expressly agreed that the notice described in Section 12 is not required for effectivecommunication for the purposes of this Section 14. The parties acknowledgeand agree that: (i) the initials lines at the bottomof eachpage of this Agreement are merely evidenceof their having reviewed the terms of each page, and (ii) the completeexecution of suchinitials lines shall not be a condition of the effectiveness of this Agreement. This Agreement shall be binding upon and inure to thebenefit of the parties, their heirs,successors and assigns and their personal representatives.
Section 15. Adverse Information and Compliance with Laws:
(a) Seller Knowledge: Seller has no actual knowledge of (i) condemnation(s) affecting or contemplatedwith respect to the
This standard form has been approvedjointly by: North CarolinaNorth Carolina Bar Association— NC Bar FormNo. 580T
North CarolinaAssociationof Realtors®, Inc. — StandardFonn 580T
Page 118 of 183
Property; (ii) actions, suits or proceedingspending or threatenedagainst the Property; (iii) changes contemplated in any applicable
laws, ordinances or restrictions affecting the Property; or (iv) governmentalspecial assessments, either pending or con?rmed, for
sidewalk,paving, water, sewer, or other improvementson or adjoiningthe Property, and no pendingor confirmedowners’ association
special assessments, except as follows (Insert “None” or the identi?cationof any matters relating to (i) through (iv) above, if any):
NONE.Note: For purposes of this Agreement, a “confirmed” special assessment is de?ned as an assessment that has been approved by a
governmentalagency or an owners’ associationfor the purpose(s) stated, whether or not it is fully payable at time of closing. A
“pending” special assessment is defined as an assessment that is under formal considerationby a governingbody. Seller shallpay all
owners’ associationassessments and all governmentalassessments confirmed as of the date of Closing, if any, and Buyer shall take
title subject to all pending assessments disclosedby Seller herein, if any.
Seller represents that the regular owners’ associationdues, if any, are SSE/Aper _l‘I/_A_.
(b) Compliance: To Seller’s actual knowledge, (i) Seller has complied with all applicable laws, ordinances, regulations,
statutes, rules and restrictions pertainingto or affecting the Property; (ii) performance of the Agreement will not result in the breach
of, constitute any default underor result in the impositionof any lien or encumbranceupon the Property under any agreement or other
instrument to which Seller is a party or by which Seller or the Property is bound; and (iii) there are no legal actions,suits or other legal
or administrativeproceedingspending or threatenedagainst the Property, and Seller is not aware of any facts which might result in
any such action, suit or other proceeding.
Section 16. Survival of Representations and Warranties: All representations,warranties, covenants and agreements made by the
parties hereto shall survive the Closing and delivery of the deed. Seller shall, at or within six (6) months after the Closing, and
without further consideration, execute, acknowledgeand deliver to Buyer such other documents and instruments, and take such other
action as Buyer may reasonably request or as may be necessary to more effectively transfer to Buyer the Property describedherein in
accordancewith this Agreement.
Section 17. Applicable Law: This Agreement shall be construedunder the laws of the state in which the Property is located. This
form has only been approved for use in North Carolina.
Section 18. Assignment: This Agreement is freely assignableunless otherwise expressly providedon Exhibit B.
Section 19. Tax-Deferred Exchange: In the event Buyer or Seller desires to effect a tax-deferred exchange in connection with the
conveyance of the Property, Buyer and Seller agree to cooperate in effecting such exchange; provided, however, that the exchanging
party shall be responsible for all additionalcosts associated with such exchange, and provided further, that a non-exchangingparty
shall not assume any additional liability with respect to such tax—deferredexchange. Seller and Buyer shall execute such additional
documents, at no cost to the non-exchanging party, as shall be required to give effect to this provision.
Section 20. Memorandum of Contract: Upon request by either party, the parties hereto shall execute a memorandum of contract inrecordableform setting forth such provisions hereof (other than the Purchase Price and other sums due) as either party may wish to
incorporate. Such memorandumof contract shall contain a statement that it automaticallyterminates and the Property is released from
any effect thereby as of a speci?c date to be stated in the memorandum (which specific date shall be no later than the date of Closing).
The cost of recording such memorandumof contract shallbe borne by the party requestingexecution of same.
Section 21. Authority: Each signatory to this Agreement represents and warrants that he or she has full authority to sign this
Agreement and such instruments as may be necessary to effectuate any transaction contemplated by this Agreement on behalf of the
party for whom he or she signs and that his or her signature binds such party.
Section 22. Brokers: Except as expresslyprovidedherein, Buyer and Seller agree to indemnify and hold each other harmless?omany and all claims of brokers, consultants or real estate agents by, through or under the indemnifying party for fees or commissionsarising out of the sale of the Property to Buyer. Buyer and Seller represent and warrant to each other that: (i) except as to the Brokers
designatedunder Section 1(1)of this Agreement, they have not employednor engaged any brokers, consultants or real estate agents to
be involved in this transaction and (ii) that the compensation of the Brokers "isestablishedby and shall be governed by separate
agreements enteredinto as amongst the Brokers, the Buyer and/or the Seller.
Section 23. Attorneys Fees: If legal proceedingsare institutedto enforce any provision of this Agreement, the prevailingparty in the
Printedby Agreement with the NC Bar Association North Carolina Bar Association— NC Bar Form No. 580TNorth CarolinaAssociationof Rea1tors®, Inc. — StandardForm 580T
Page 119 of 183
proceeding shall be entitled to recover from the non-prevailingparty reasonable attorneys fees and court costs incurred in connectionwith the proceeding.
E] EIFS/SYNTHETIC STUCCO: If the adjacent box is checked,Seller disclosesthat the Property has been clad previously(either in whole or in part) with an “exterior insulatingand ?nishing system” commonly known as “EIFS” or “synthetic stucco”.Seller makes no representationsor warranties regarding such system and Buyer is advised to make its own independentdeterminationswith respect to conditionsrelated to or occasioned by the existence of such materials at the Property.
THE NORTH CAROLINA ASSOCIATION OF REALTORS®, INC. AND THE NORTH CAROLINA BAR ASSOCIATIONMAKE NO REPRESENTATIONAS TO THE LEGAL VALIDITY OR ADEQUACYOF ANY PROVISION OF THIS FORM INANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDEFOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOUSIGN IT.
BUYER: SELLER:
Individual Individual
Richard T. Hedgecock
Date: Date:
Date: Date:
Business Entity Individual
Town of Kemersville Penny S. Hedgecock(Name of Entity)
By: Date:
Name: Curtis L. Swisher
Title: Town Manager Date:
Date:
“This instrument has been pre-audited in the manner prescribed by the Local Government Budget Fiscal Control Act.”
FinanceDirector
The undersigned hereby acknowledges receipt of the Earnest Money set forth herein and agrees to hold said Earnest Money inaccordance with the terms hereof.
This standard form has been approvedjointly by: North CarolinaNorth Carolina Bar Association— NC Bar Form No. 580T
North Carolina Association of Realtors®, Inc. — Standard Form 580T
Page 121 of 183
“EXHIBIT A”
Property description for contract to convey: portion of PIN 6886-24-9383.00
Being all of that certain 142 Square Feet Parcel lying in Kemersville Township, Forsyth County,North Carolina; and bounded by natural boundaries and/or lands in possession of persons, asfollows: on the southwest by northwest by the Town of Kernersville,a municipalcorporation, andon the northeast and southeast by Richard T. Hedgecock; said parcel being particularly describedby courses (according to the North Carolina Grid System) and distances according to a survey andplat prepared by the Town of Kemersville Community Development Department, EngineeringDivision, under the seal of H. Stephen Bowers Professional Land Surveyor No. L-245 5, dated July31, 2017, drawing l7-0727(A).dwg, to which reference is hereby made, as follows:
Commencing at Town of Kemersville horizontalcontrol monument “PINNIX III (1448)” havingN.C. grid coordinates of North 864,177.85 (US feet) and East 1,683,040.77 (US feet) as per theNorth American Datum of 1983 (NSRS 2011); thence North 31 Degrees, 29 Minutes, 40 SecondsWest, 191.64 feet, (grid distance equals 191.63 feet) to a 7/8” outside diameter set new iron pipe,?ush, having NC grid coordinatesof North 864,341.25 (US feet) and East 1,682,940.67(US feet)as per said NAD 83 (NSRS 2011), the southeasterly corner of the Town of Kernersville, amunicipal corporation (see Parcel H1 as shown in Plat Book 38 at Page 186 of the Forsyth CountyRegistry), in the northeasterly line of other lands of said Town of Kernersville (see nowMemorandum of Action 16CVS 4365 as recorded in Deed Book 3308 at Page 3393 of saidRegistry) and being the true point of BEGINNING:
thence with the southeasterly line of said Town of Kernersville and said Parcel H1 North 25Degrees, 41 Minutes, 55 Seconds East, 9.96 feet; thence a new line crossing the lands of RichardT. Hedgecock and wife Penny S. Hedgecock (see Deed Book 1785 Page 4109 of said Registry)the following six calls: (1) thence South 61 Degrees, 12 Minutes, 10 Seconds East, crossing thenorthwesterly outside corner of a block building at 1.40 feet, and continuing with the exterior faceof said block building another 13.96 feet, for a total distance 15.36 feet, to an inside corner of saidblock building with a brick building; (2) thence with the exterior face of said brick building South27 Degrees, 24 Minutes, 00 Seconds West, 6.12 feet, to a comer with a brick chimney; thencewith the exterior face of said brick chimney the following calls three through ?ve: (3) thence North62 Degrees, 49 Minutes, 55 Seconds West, 2.99 feet; (4) thence South 28 Degrees, 31 Minutes,10 Seconds West, 3.00 feet; (5) thence South 61 Degrees, 18 Minutes, 00 Seconds East, 3.05feet to a point in the exterior face of said brick building; (6) thence said exterior building faceSouth 27 Degrees, 24 Minutes, 00 Seconds West, 0.73 feet, to a southwesterly outside buildingcorner, in the said northeasterly line of the Town of Kemersville; thence with said northeasterlyline North 61 Degrees, 16 Minutes, 00 Seconds West, 15.07 feet, to the true point ofBEGINNING said 7/8” outside diameter set new iron pipe, ?ush.
The above described 142 Square Feet parcel being a portion of PIN 6886-24-9383.00,to becombined with all of PIN 6886-24-9269.00 at address 101 North Main Street, both of ForsythCounty Tax Maps as presently constituted;said parcel contains a block building which adjoins abrick building and a brick chimney along new property lines.
FOR REFERENCE SEE: that deed recorded in Deed Book 1785 at Page 4109 of the ForsythCounty Registry;
17-0731.docx
Page 122 of 183
EXHIBIT B
ADDENDUMTO CONTRACT FOR SALE
THIS ADDENDUM TO THE CONTRACT FOR SALE DATEDBETWEEN RICHARD HEDGECOCK AND PENNY HEDGECOCK (SELLERS) ANDTHE UNDERSIGNED PARTY (BUYER) REGARDING THE PROPERTY LOCATEDAT: , Kernersville, NC
Buyer’s Name: Town of Kernersville
Buyer’s Name:
Street Address: c/o John Wolfe, Esg., Wolfe and Associates, 101 S. Main Street
County: Fors?h City: Kernersville
State: North Carolina Zip: 27284
IN THE EVENT ANY PROVISION OF THIS ADDENDUMCONFLICTS INWHOLE ORIN PART WITH THE TERMS OF THE CONTRACT FOR SALE TO WHICH IT ISATTACHED, OR ANY ADDENDATO THE CONTRACT, THE PROVISIONS OF THISADDENDUMWILL PREVAIL UNLESS SUCH PROVISIONS ARE CONTRARY TOANY LAWS OR OTHER APPLICABLE LEGAL PROHIBITIONS, IN WHICH CASETHE CONTRACT FOR SALE SHALL GOVERN ONLY TO THE LIMITEDEXTENTNECESSARY FOR COMPLIANCE WITH THE SAME.
Hereafter the Contract for Sale and the Addendum shall be referred to together asthe Contract.
1. Closing: It is agreed that TIME IS OF THE ESSENCE with respect to alldates speci?ed in the Contract and any addenda or amendments thereto. Alldeadlines are intended to be strict and absolute.
The closing shall take place on or before September 15, 2017. The closing shallbe held at Wolfe &Associates, 101 South Main Street, Kernersville, NC. Only bywritten request and mutual consent of Buyer and Seller, such closing may beextended. In the event of Sel|er’s default under the terms of the Contract or if theSeller terminates the contract as provided under the provisions of the Contract,the Buyer shall be entitled to the
Buyer’s initials: Seller Initials:
Page I1
Page 123 of 183
EXHIBITB
return of the earnest money deposit and shall be entitled to other remedies at law forthe conveyance of the property to Buyer.
2. Regarding the Building:a. The building shall be vacated by the date of closing.b. Seller agrees to execute the Party-Wall Agreement with Buyer attached
hereto and denoted as Exhibit C.c. The Buyer will agree to permit the continued encroachment of certain
items attached to or projecting from Seller’s building onto the property tobe acquired by the Buyer, namely, one 4” cast iron pipe, two 2" cast ironpipes, one 1” electrical conduit, and one 1 1/2”insulated cable with %”copper pipe & 1/8”’insulated wire, as shown on the Recombination Plat forthe Town of Kernersville, so long as any are necessary and continuing toprovide service to the Seller’s building. it is believed that these items arenon—functiona| and thus, upon verification that they are not in use, theBuyer willbe entitled to remove them.
d. There is an additional encroachment of a roof gutter extendingapproximately 7” out from the Seller’s building and the Buyer agrees togrant a perpetual easement for this encroachment.
Buyer and Sellers acknowledge receipt and acceptance of all items above.
Sellers:
By:
Name: Richard Hedgecock
Date:
By:
Name: Penny Hedgecock
Date:
Page |2
Page 124 of 183
EXHIBITB
Buyer: Town of Kernersville
By:
Name: John G Wolfe
Title: Town Attorney
Date:
This instrument has been preaudited in the manner required by the Local GovernmentBudget and Fiscal Control Act.
Franz Ader, Finance Director
Buyer’s initials: Seller Initials:
s:\tok\hedgecock property\exhibit b addendum hedgecock propoerty.docx
Page | 3
Page 125 of 183
EXHIBIT C
Party Wall Agreement
Prepared by:After recording,hold for:
PARTY WALL AGREEMENT
This Agreement is made, entered into, and effective as of , by andbetween Richard and Penny Hedgecock (“Hedgecocks”)having an address of 105 NorthMain Street, Kernersville, NC, and the Town of Kernersville having an address of 134East Mountain Street, Kernersville, NC (the “Town”) (the Town and Hedgecocks arehereinafter collectively referred to as “Owners” and individually referred to as “Owner”).
RECITALS
Hedgecock is the owner of that certain parcel of real property located at 105North Main Street, Kernersville, North Carolina, and being further identi?ed as Block2101, Lot 003A described in that deed recorded in Book 1785, Page 4109, ForsythCounty Registry (the “Recorded Plat”) (such being hereinafter referred to as the“Hedgecock Tract”), together with the building located thereon as shown on theRecorded Plat (the “Hedgecock Building”). The Town is the owner of that certain parcelof real property located adjacent to the Hedgecock Building described in that deedrecorded in Deed Book , Page of the Forsyth County Registry (such beinghereinafter referred to as the “Town Tract”), together with the building located thereon(“Town Building”). The Hedgecock Building, the Town Building and the common wallbetween the two buildings (the “Common Wall”) are all more particularly shown on theRecorded Plat.
NOW, THEREFORE, for and in consideration of the mutual promises andcovenants contained herein, and other good and valuable consideration,the receipt andsuf?ciency of which are hereby acknowledged,the parties agree as follows:
1. General Rules of Law to Apply. To the extent not inconsistentwith thefollowing provisions, the general rules of law regarding party walls, lateral support, in-ground construction, and liability for property damage due to negligence or willful acts oromissions shall apply.
2. Sharing of Repair and Maintenance. The cost of reasonable repair andmaintenance of the Common Wall shall be shared by the Owners on an equal basis. Ifthe Common Wall needs maintenance or repairs, either Owner may restore it. BothOwners shall nevertheless share in the cost of restoration on an equal basis; subject,however, to the right of an Owner to call for a larger contribution from the other under
Page 126 of 183
any rule of law regarding liability for negligence or willful acts or omissions. The Ownermaintaining/repairing the Common Wall and its contractors and agents shall have theright to go upon the adjoining property to the extent reasonably necessary to perform therepair/construction. The repair/construction shall be done expeditiously in accordancewith all applicable building codes and governmental regulations. Upon completion of therepair/construction, the Owner shall restore, as is reasonably practicable, the adjoiningproperty to as near the same condition which prevailed on or before the commencementof the repair/construction.
3. Weatherproo?ng. Notwithstanding anything in this Agreement to thecontrary, an Owner who, by his negligence or willful act, causes the Common Wall to beexposed to the elements shall bear the whole cost of furnishing the necessary protectionagainst those elements.
4. Contribution Certi?cation by Adjoini_r_1gOwner. If any Owner desires tosell his property, it may request that the adjoining Owner provide a written certi?cationthat no right of contribution then exists. It shall be the duty of the adjoining Owner tomake such certi?cation promptly upon request and without charge; provided, however,that where the adjoining Owner claims a right of contribution, the certi?cation shallcontain a recital of the amount claimed and the basis for the claim. In the event anadjoining Owner refuses or neglects to provide such certi?cation within ten (10) businessdays after its receipt of the written request for such, it shall be deemed a waiver toproceed against such Owner or its successors for any contributions which may haveaccrued to the date of such request for certi?cation.
5. Mutual Easement. Subject to the conditions set forth herein, the Townhereby grants to the Hedgecocks a perpetual, exclusive easement over the portion of theCommon Wall contained within the Town Tract for the purpose of placement of utilityservice lines, gutters, and/or mechanical systems and for the purpose of repair andmaintenance of such lines, systems and the Common Wall generally. Subject to thelimitations set forth herein, the Town hereby grants to the Hedgecocks a perpetual,exclusive easement over the portion of the Common Wall contained within the TownBuilding for the purpose of placement of utility service lines and/or mechanical systemsand for the purpose of repair and maintenance of said lines, systems and the CommonWall generally.
The foregoing easements are subject to the following conditions and limitations:
(i) Nothing contained herein shall be deemed to grant to any party aneasement across any portion of either Tract other than within the area of the CommonWall. Nothing contained herein shall be deemed to grant to any party access across anyportion of either Tract other than within the area of the Common Wall.
(ii) Neither party shall place any utility service lines or mechanicalsystems within the Common Wall without ?rst submittingplans and speci?cations to theother party for the work for that party’s review and approval. Approval of the plans and
Page 127 of 183
speci?cations shall not be unreasonably withheld; conditioned or delayed provided,however, either party may reject any plans and speci?cations for the placement ofmechanicalsystems or utility service lines in the Common Wall pursuant to the easementgranted herein if, in the reasonable judgment of the party reviewing the plans, theproposed work would have a material adverse impact on the use and enjoyment by thatparty of its building or would adversely affect the structural integrity of the CommonWall.
(iii) Any use of the easement granted herein for repair and maintenancemust be conducted during reasonable business hours and upon reasonable advance noticeto the other party, except in the event of an emergency. An Owner will cause its agents,employees, and contractors to use reasonable precaution to avoid damage to the otherOwner's property. An Owner shall be responsible for any and all damages to the otherOwner’s and/or its tenant's property arising out of or related to its exercise of its rightsunder this instrument.
6. Insurance. Hedgecock and the Town agree to carry casualty insuranceontheir respective Buildings which includes the replacement cost of the Common Wall.Hedgecock and the Town agree to provide each other with certi?cates of insuranceestablishing compliance with the foregoing requirement within ten (10) days afterexecution of this Agreement.
7. Bene?ts and Binding Effect. This Agreement shall bene?t and shall bebinding upon the owners of each Tract described herein, and their respective heirs,representatives, successors and assigns. The rights and obligations granted and createdhereunder are perpetual, run with title to the Tracts (or any portion thereof as may besubdividedor recon?gured) and can be terminated only as provided herein.
8. Not a Public Dedication. This Agreement is not intended to be a gift ordedication of any portion of the Town Tract or the Hedgecock Tract to the general publicfor any public purpose and shall be enforceable only by the owner of each Tract.
9. Additional Terms. The following constitute additional terms andconditions of this Agreement:
(a) Completeness," Modi?cation. This Agreement constitutes theentire agreement between the parties hereto with respect to the transactions contemplatedhereby and supersedes all prior understandingsand negotiations. This Agreement may bemodi?ed only by a written instrumentduly executed by the parties hereto.
(b) Governing Law. This Agreement and all documents referred toherein shall be governed by and construed in accordance with the laws of the State ofNorth Carolina.
(c) Notices. All communications hereunder shall be in writing andshall be delivered by hand, sent paid by Federal Express (or a comparable overnight
Page 128 of 183
delivery service) or sent by the United States mail, certi?ed, postage prepaid, returnreceipt requested. Each notice shall be sent to the then current address listed for that partyon the Forsyth County tax records.
(d) Counterparts. To facilitate execution, this Agreement may beexecuted in as many counterparts as may be required. It shall not be necessary that thesignature on behalf of both parties hereto appear on each counterpart hereof. Allcounterparts hereof shall collectively constitute a single agreement.
(e) Reimbursement.Whenever a reimbursement is required under thisAgreement, the reimbursement shall be paid within thirty (30) days after the reimbursingparty receives the written request, supported by reasonable documentation (e.g., paidinvoices) for reimbursement. Past due amounts shall bear interest at the rate of twelvepercent (12%) per annum.
(f) Consent. Whenever a party's consent or approval is required priorto the other party taking some action, the parties agree that such consent or approval shallnot be unreasonably withheld, conditioned, or delayed. Whenever a party'sconsent/approval is required, it shall be deemed given unless the requesting partyreceives a written objection from the other party within ten (10) days of the date of theother party's receipt of the request for consent/approval; provided that the ten (10) dayperiod shall be extended, to the extent necessary, for any delays by the requesting party'sfailure to send supporting documents (eg., construction plans) reasonably requested bythe other party.
(g) Indemni?cation. Each Owner (the "Indemnitor") shall indemnifythe other Owner from any and all liabilities, damages and expenses (including reasonableattomeys' fees) with respect to claims arising out of or related to the Indemnitor's or itsagent's, employee's, or contractor's exercise of its rights under this instrument.
IN WITNESS WHEREOF, the parties have executed this Agreement under sealas of the day and year first above written.
HEDGECOCKS: TOWN OF KERNERSVILLE
Signed: Signed:Richard T. Hedgecock Curtis L. Swisher, Town Manager
Signed: Attest:Penny S. Hedgecock Keith Hooker, Town Clerk
Page 129 of 183
STATE OF NORTH CAROLINA - Forsyth County
I, , a Notary Public in and for said Countyand State, do hereby certify that Richard T. Hedgecock, personallyappeared before me this day and acknowledged the execution of theforegoing instrument. Witness my hand and of?cial stamp or seal, thisday of , 2017.
I, , a Notary Public in and for said Countyand State, do hereby certify that Penny S. Hedgecock, personallyappeared before me this day and acknowledged the execution of theforegoing instrument. Witness my hand and of?cial stamp or seal, thisday of , 2017.
I, , a Notary Public in and for said County andState, do hereby certify that Keith Hooker, who, being by me duly sworn, saysthat he knows the Common Seal of The Town of Kemersville and is acquaintedwith Curtis L. Swisher who is the Town Manager of said Municipality, and thathe is the Town Clerk of said Municipality and saw Curtis L. Swisher , TownManager, sign the foregoing instrument, and saw the Common Seal of saidMunicipality af?xed to said instrument by said Town Manager, and that hesigned his name in attestation of the execution of said instrument in the presenceof said Town Manager of said Municipality. Witness my hand and notarial seal,this the __ day of , 2017.
SEAL/ STAMP
Notary Public
My commission expires , 20
s:\tok\hedgecockproperty\party wall agreement.doc
Page 130 of 183
?mmuwmut gqxxkwuwntQ>SQh. 32 SK qm?wxmw Qmzkwu P? <S.3<u u kzum mu5&4 .R. hi. Q Exn Ssh Em kaw ww‘.5. Pmu?mxcu $3 Sui mmi Sm: QB xuamwauu «$6 mmi Ewkuzou nwumokzmm u mumuauucxo?naxo? saga uawuuwmmR... mzatm
K9 RMNEWUI U «?x? NMKUEQU §u«N§s§ $6 m.w~tmz.o§ I or:VQNNN GE .w§\_mE2m.¥ Fum?m \<\<§<§O). k.m.<IuVN»\«q§Q. k.w§Ol H mm aw: EMQUSU QNN§<—\> 43¢ >Bq<k RWXMKRH kkhhVNIq G2 kbxu?khh Q\<Vu u<2b\hhhk9<n. hkhab? zwtmwt. .§ Kb qxwm NE kw?kh ..§m§S uzimm?uzwQksku Eamx tank I text Eat: Nmxmmmxx %Hh\<V\Q I IND.§<.w}~k<oQQkZN»<1ON§mQ»r:>3»<3§u WUSWQNERMXum3:9 mi xmQmtv?l Q2! Bxmxkhh
xV§ K0 .E.G\k .I. §\k 26.3 3.3% I .m< Nkxk 26$ I ?xWMNMXEQ.§mSo I Qb $2 gun I 2 uztmcm Qkh?k I mME‘ EVK h?kx ~63 QMMQ uqzwumuHahn MQSK HRH. XQQWQMMQk‘ nu? W39! 2Q\kU< KG KEQQVKQRWR .WQ\<.wQ.Wu.W.<56.3
5% Eh .Q\ EN .§
hw udxaom rqi .429 ...3<um
§3Dkv.u $.62 52:00 Exmmnu .&...§§& .ud:.9<m2...m$Swmnmuvwuuwwu Em K0 Shoat x QEK Suwwmuwwnuamm $1 an 3‘ SSMW
.\Ih_lEn 3 3-K: we can EEESS. B 6 n gt 5 E 3| 3‘ 3:}. ES ..=u:h.:so\5 VIC! Ewsd?aa.1u..?.....v....ssh... 2u......nis. a......a...s xi... S 1...... E :35:....
3 §:..§§z .5 8 as x.&.E 55.8 as ..§§
..:1 .3 a 3232 I 83%;:...2...: E E. 2.3.5. 33 .2 :3....
.....|:| i. ....m??mx m.. .....?..........:..... Wm. mS.c§n.§s.< ER .34.“ JI..%...m1;mm 2
«noun 3 hisuk beau.» s?uakuuE:m.5 §.E...m 25
Page 131 of 183
«uni» SS 33 u G AW $$39 3: kbk Q-urukxmm Qmzmoc GE 333.6 I «Ewan .9/?n Qmmuawuuu. u:n.«£uw§T§mat Sm: ab «SE39 u A5 HE Hmkuzau awu._Bu.2mm n mum .3. be Ho
«So. .8 2:‘. Q NE SE Sm NSN an \::s ?r?mxuu E 33no «mama n u 52 w?muzau E~S§ .3 uwwtwzuwx n ow: \ avJwmvA” S as: .5? ~23. §§_.E E8u§o€».!a8. ..\.§S %woa~o.m can mantaBum kw§m u mm 3% kwwczuu E~§§\_ #6 233‘ ~@Q<m u E new 88 ..33N23 R2 ‘.6 33 59%: 52 .1. 96k 2 VNNNN«:2 ..S§m.§<.?x F?kw 2>E§§ kmxw :4$38 Eumx témx I 5% tan: Kmwwmmmxwmm?xsa?urm“ v.§n\u..§w¢ E 3 k§.§._ ha a $3 makéi 5.3 mnwwi 62 m§.«_§m Q23 3§mmw.§..& mkunom zwrmw? .r .3 #..? ME #32: .zEm:B ..§$m.2G2mkEwu.vw\.nu:muumu\.\m«Mqkn?m§.\u<so&\wm3uuow\u.o2:.mwmmmm8mSuuuwwffmw.«.< :m.=<wcwa§&.m¢w»».waa~wm\Mm~.$uns3x.w_»PW<m.u\u.w.W\...n%wm.uzwxnkxmuuxzwxmus?mm \£\>3).\\O.u. m.::m.?2mwx 3 2:8 mE xm FE Sm nzx S...e_,§o.
\ W \MW \ % 40 \mm I cm.s. xsm M .,., \um J, a xmm M (
2 \M m x M %I ,;,.., m.I 9? \ umww..nw..I \ \ m..w.,Z.m;.|l\ %.a..,.%I \ 4 .%iI \ Q
Page 132 of 183
MINUTES OF THE BOARD OF ALDERMEN
TOWN OF KERNERSVILLE, N.C.
BRIEFING SESSION JUNE 21, 2017
The Board of Aldermen of the Town of Kernersville met in a briefing session at 6:30 PM on the
above date in the Town Hall Executive Conference Room at the Municipal Building at 134 East
Mountain Street.
Present: Mayor Pro Tem Tracey Shifflette, Alderman Irving Neal, Alderman Kenny Crews, and
Alderman Joe Pinnix.
Absent: Mayor Dawn Morgan and Alderman Chris Thompson.
Staff Present: Keith Hooker, Town Clerk; John Wolfe, Town Attorney; Robert Gale, Attorney
in the office of John Wolfe; Jeff Hatling, Community Development Director; Tim Summers,
Police Chief; Scott Clinard, Fire Rescue Captain; Gray Cassell, Information Services Manager;
Ernie Pages, Parks & Recreation Director; Franz Ader, Finance Director; and Crystal Tanner,
Human Resources Manager.
Call to order and invocation.
Mayor Pro Tem Shifflette called the meeting to order at 6:32 PM and Mr. Hatling delivered the
invocation.
1. Briefing on the June 27, 2017 Regular Meeting Agenda.
• CEREMONIAL PRESENTATIONS
◦ Proclamation Declaring July as Park and Recreation Month
1 PUBLIC HEARINGS
A. PUBLIC HEARING:
Chris Parr, Owner for property located at 1461 Jag Branch Boulevard, being all of
PIN# 6874-49-0242.00 containing a total of 31.48 acres more or less. Petitioner requests
a Special Use District Single-Phase rezoning from MU-S (Mixed Use – Special Use
District) to MU-S (Mixed Use – Special Use District). Petitioner requesting modification
of approved units. Requested Use(s): Residential, Building Multifamily. Zoning Docket
K-719.A1
Mr. Hatling explained that the developer wants to build more 1-bedroom units in place of some
of the 2-bedroom and 3-bedroom units. He said there are no site plan changes, only a
reconfiguration of the units.
Page 133 of 183
B. PUBLIC HEARING:
Barret Hagen, Agent for Owner, for properties located at 1409 West Mountain Street,
being all of PIN#(S) 6876-59-0147.00, 6876-59-4972.00, 6876-58-4908.00 containing a
total of 32.75 acres more or less. Petitioner requests a Special Use District - Single-Phase
rezoning from RS12 (Residential, Single Family - Minimum Lot Size 12,000 square feet)
to RSQ-S (Residential Single Family, Quadraplex-Special Use District). Requested Use(s):
Residential Building, Twin Home, and Residential Building, Single-Family. Zoning
Docket K-755
Mr. Hatling stated that one adjacent resident spoke at the Planning Board meeting and has asked
for assurance of proper screening from the new development and the developer is also interested
in proper screening. He stated that the Planning Board and Staff recommend approval, and that
he will be working with the developer to implement the proper screening, which may include a
condition for a berm and plantings.
2 PUBLIC SESSION
A. SPEAKERS FROM THE FLOOR
B. Presentation Regarding the Southeast Intermediate Regional World Series
Tournament.
Mr. Swisher said that the presenter is planning to request a contribution from the Town’s Occupancy
Tax Fund. He said that the presenter has indicated that the hotels here are already full and the
additional rooms used for the tournament will be outside Kernersville.
Alderman Neal asked how much would be requested.
Mr. Swisher said that the request from other government entities has been around $10,000.
He said that the attendees would be from about 10 states. He said that he does not yet know how many
teams or individuals are involved.
Mr. Wolfe said there is a potential legal issue involved. He said that the Town may not have the
authority to make this expenditure from the General Fund, and he noted that the organizer has
indicated that the teams will not be staying in hotels in Kernersville. Mr. Swisher said that the games
will be played at the Swaim Complex and none will be played at the Ivey Redmon Sports Complex.
C. Consideration of a Request for the Temporary Road Closure of Main Street from Railroad
Street to Mountain Street, Main Street from Mountain Street to Harmon Lane, and Harmon
Lane from Main Street to Cherry Street by Finish Line Timing, LLC to hold a Hop Harvest
Downtown 5K Race on Saturday, September 2 from 8:00 AM to 9:30 AM.
Page 134 of 183
Mr. Swisher indicated that this is the same event that was held last year. He said that approval from
the Board will be attached to the petitioner’s application.
D. Consideration of an Ordinance to Amend Traffic Schedule #7 - Parking Lots in Chapter 9 of
the Town of Kernersville Code of Ordinances by Changing The Kerner House Restaurant to
Mad Greek Grill and Amending the Hours on the List of Parking Lots where Parking or
Trespassing is Prohibited.
Mr. Swisher advised the Board that this change will reflect the new business at this location.
E. Consideration of an Ordinance Ordering the Demolition and Removal of a Structure Located
at 1325 Union Cross Road.
Mr. Swisher said this is the ordinance to remove the Ballard House on Union Cross Road.
Mr. Wolfe advised the Board that after the ordinance is approved, he will obtain a court order for the
demolition.
Alderman Neal asked what would happen if asbestos is found.
Mr. Wolfe said that the Town could remove the asbestos and then have the house demolished.
Alderman Crews asked about selling the property to someone else who would demolish the house.
Mr. Wolfe said that is also an option.
Alderman Crews said that he would talk to the owner to see if any other arrangements could be made.
F. Consideration of an Ordinance Setting the Town Manager's Compensation.
There were no questions about this item.
G. Consideration of a Contract with John G. Wolfe III, Attorney at Law for Legal Services.
There were no questions about this item.
H. Consideration of a Budget Ordinance and Schedule of Fees and Charges for the Operations
of the Town of Kernersville for FY 2017-18.
Mr. Swisher said that this is based on the draft budget that was presented to the Board.
I. Consideration of Budget Amendment #8 for FY 2016-17.
Page 135 of 183
Mr. Swisher summarized the contents of the budget amendment.
J. Consideration of a Notice of Intent to Reimburse the Purchase of Equipment as Approved in
the Fiscal Year 2017-18 Operating Budget.
Mr. Swisher said that items J, K, L, M, and N are required if the Board wishes to pursue loan financing
to cover the costs of these items.
K. Consideration of a Notice of Intent to Reimburse for Purchase of Property Located at 137
West Mountain Street.
L. Consideration of a Notice of Intent to Reimburse for Purchase of Property Located at 109
South Cherry Street.
M. Consideration of a Notice of Intent to Reimburse for Costs Associated with Paving of Town
Streets.
N. Consideration of a Notice of Intent to Reimburse for Construction of a Fire Station.
O. Consideration of a Resolution Authorizing the Filing of an Application for Approval of a
Financing Agreement for the Repayment of Land Purchases.
Mr. Swisher said that items O and P require Local Government Commission approval of any financing
agreements.
P. Consideration of a Resolution Authorizing the Filing of an Application for Approval of a
Financing Agreement for Paving of Town Streets.
3 CONSENT AGENDA:
All of the following matters are considered to be routine by the Board of Aldermen and will
be enacted by one motion. There will be no separate discussion unless a Board member or
citizen so requests, in which event the matter will be removed from the Consent Agenda and
considered under the following item.
A. Approval of Minutes for May 31, 2017 Briefing Meeting.
B. Approval of Minutes for June 6, 2017 Regular Meeting.
C. Approval of Minutes for June 6, 2017 Closed Session.
Page 136 of 183
D. Consideration of an Ordinance for Temporary Road Closures for the 4th of July Parade and
Fireworks.
E. Consideration of Ordinance by Forsyth County to Collect Town of Kernersville Taxes for
Prior Years.
F. Consideration of Ordinance by Forsyth County to Collect Town of Kernersville Taxes for
2017.
G. Consideration of an Appointment to the Planning Board.
There were no questions on these items.
2. Matters to be presented by the Town Manager and Town Attorney.
Mr. Swisher said that funds may be approved by the Forsyth County Commissioners for an
additional school resource officer for Kernersville. He said that he may ask the Board to give
conditional approval at the meeting on Tuesday if the County does approve the officer.
Mr. Wolfe said that the Forsyth County Board of Elections has asked for documentation showing
when the Board approved the candidate filing fees for Mayor and Aldermen. He noted what he
had found in the 1963 and 1989 Town Charters as well as in the North Carolina General Statues.
He said that the current ordinance says the filing fee would be set from time to time by the Board
and a schedule of those fees would be kept by the Town Clerk.
Mr. Wolfe presented an ordinance that he recommends the Board approve to accurately reflect
the fees as well as the method of collection, which is now done entirely through the Forsyth
County Board of Elections.
Alderman Crews made the following Motion to enter into closed session at 7:01 PM:
It is my understanding, Madam Mayor Pro Tem, that there are certain matters about which our
Town Attorney needs to advise us, and which fall within the Attorney-Client privilege for
discussion in Closed Session as well as matters of personnel and legal matters. I therefore move,
Madam Mayor Pro Tem that the Board go into Closed Session to confer with our legal counsel
under the Attorney-Client privilege for such purposes as well as to discuss personnel and legal
matters which is permitted by N.C.G.S. 143-318.11.
Alderman Neal seconded the motion.
The vote was 4-0 in favor of the motion.
The Board returned to open session at 7:36 PM.
Page 137 of 183
3. Adjournment.
Alderman Joe Pinnix made a Motion to adjourn the meeting at 7:37 PM.
Alderman Irving Neal seconded the motion.
The vote was 4-0 in favor of the motion.
Being no further business to come before the Board, the meeting was adjourned.
______________________________
Tracey Shifflette, Mayor Pro Tem
Attest:
_____________________________
Keith Hooker, Town Clerk
I, Keith Hooker, Town Clerk of the Town of Kernersville, North Carolina, do hereby certify that
this is a true and correct copy of the minutes of the meeting duly held on June 21, 2017.
This the _____ day of ______________________, 2017.
______________________________
Keith Hooker, Town Clerk
Page 138 of 183
MINUTES OF THE BOARD OF ALDERMEN
TOWN OF KERNERSVILLE, N.C.
REGULAR MEETING 7:00 PM JUNE 27, 2017
The Board of Aldermen of the Town of Kernersville met in regular session at 7:00 PM on the
above date in the Municipal Council Chambers at the Municipal Building at 134 East Mountain
Street.
Present: Mayor Dawn H. Morgan, Mayor Pro Tem Tracey Shifflette, Aldermen Chris Thompson,
Kenny Crews, Irving Neal.
Absent: Alderman Joe Pinnix, Jr.
Staff Present: Curtis L. Swisher, Town Manager; John Wolfe, Town Attorney; Robert Gale,
Attorney in the Office of the Town Attorney; Keith Hooker, Town Clerk; Jeff Hatling, Community
Development Director; Police Chief Tim Summers; Fire Rescue Chief Chris Langham; Franz
Ader, Finance Director; Doran Maltba, Public Services Director; Ray Smith, Human Resources
Director, Crystal Tanner, Human Resources Manager; Gray Cassell, Chief Information Officer;
and Ernie Pages, Parks & Recreation Director.
CALL TO ORDER
Mayor Morgan called the meeting to order at 7:03 PM.
• INVOCATION BY
◦ PASTOR SAM MCKINNEY, NEW BEGINNINGS CHURCH
Pastor McKinney gave the invocation.
• PLEDGE OF ALLEGIANCE
Mayor Morgan led the Pledge of Allegiance.
• CEREMONIAL PRESENTATIONS
◦ Proclamation Declaring July as Park and Recreation Month
Mayor Morgan presented the proclamation.
Page 139 of 183
1 PUBLIC HEARINGS
A. PUBLIC HEARING:
Chris Parr, Owner for property located at 1461 Jag Branch Boulevard, being all of
PIN# 6874-49-0242.00 containing a total of 31.48 acres more or less. Petitioner requests
a Special Use District Single-Phase rezoning from MU-S (Mixed Use – Special Use
District) to MU-S (Mixed Use – Special Use District). Petitioner requesting modification
of approved units. Requested Use(s): Residential, Building Multifamily. Zoning Docket
K-719.A1
A-1. Consideration of an ordinance rezoning said property.
Mr. Hatling presented the Planning Board report. He noted that all of the conditions that were
previously approved still apply.
IN FAVOR:
None.
OPPOSED:
None.
Mayor Morgan declared the public hearing closed.
BOARD DISCUSSION:
Alderman Neal made a Motion to amend the Unified Development Ordinance of the Town by
rezoning the property in case K-719.A1 from MU-S (Mixed Use – Special Use District) to a
Special Use District Single-Phase rezoning for the Residential, Building Multifamily section to
MU-S (Mixed Use- Special Use District). The said rezoning being consistent with the Town’s
Comprehensive Plan and further being both reasonable and in the public interest due to the
following facts:
1. The Special Use District conditions include detailed design standards for the buildings and
site plans to create a strong “sense of place”.
2. A complete sidewalk system is required that provides for internal circulation and
connections to future external sidewalk systems.
3. The high quality design will enhance the commercial tax base and help diversify the
economic base.
Mayor Pro Tem Shifflette seconded the motion.
The vote was 4-0 in favor of the motion.
Page 140 of 183
ORDINANCE O-2017-21
AN ORDINANCE AMENDING THE
KERNERSVILLE ZONING ORDINANCE AND THE
OFFICIAL ZONING MAP OF THE
TOWN OF KERNERSVILLE, NC
BE IT ORDAINED by the Board of Aldermen of the Town of Kernersville as follows:
SECTION 1. The Kernersville Zoning Map be amended by changing from MU-S (Mixed Use
– Special Use District) to MU-S (Mixed Use – Special Use District). Petitioner requesting
modification of approved units. Requested use(s): Residential Building, Multifamily. Approved
for property located off of Union Cross Road at 1461 Jag Branch Boulevard being all of PIN#(S)
6874-49-0242.00 containing 31.48 acres more or less as recorded in the Office of the Register of
Deeds, Forsyth County, North Carolina and being further described as follows:
BEING KNOWN AND DESIGNATED as at 1461 Jag Branch Boulevard being all of PIN#
6874-49-0242.00 as recorded in the Office of the Forsyth County Register of Deeds PB 64/90
dated 1/12/2016 containing 31.48 acres more or less.
SECTION 2. This ordinance is adopted after approval of and upon condition of compliance with
the site plan entitled Smith Crossing and The Pointe at Smith Crossing, identified as “Attachment
A of the Special Use District Permit” issued by the Board of Aldermen the 27th day of June, 2017
to Chris Parr, Owner.
SECTION 3. The Board of Aldermen hereby directs the issuance of a Special Use District Permit
pursuant to Chapter 19 of the Town code for the Town of Kernersville. Said Special Use District
Permit attached hereto and incorporated herein.
SECTION 4. This Ordinance shall be effective from and after its adoption.
Adopted this the 27th day of June, 2017.
Page 141 of 183
SPECIAL USE DISTRICT PERMIT
Issued by
Board of Aldermen of the Town of Kernersville
The Board of Aldermen of the Town of Kernersville has issued a Special Use District Permit for
the site in this zoning petition of Chris Parr, Owner. The site shall be developed in accordance
with the plan approved by the Board and bearing the inscription: “Attachment A of the Special
Use Permit” for Chris Parr and approved by the Board of Aldermen the 27th day of June 2017 and
signed, provided the property is developed in accordance with requirements of the zoning district
of MU-S (Mixed Use – Special Use District) Chapter 19 of the Town Code and all other applicable
laws permitted with the use(s) of: Residential Building, Multifamily.
Site Plan and Conditions
Increase the total number of units from 372 to 376 and all previously approved conditions and site
plan features of K-719 shall apply.
Page 142 of 183
Attachment A of the Special Use District Permit
Page 143 of 183
B. PUBLIC HEARING:
Barret Hagen, Agent for Owner, for properties located at 1409 West Mountain Street,
being all of PIN#(S) 6876-59-0147.00, 6876-59-4972.00, 6876-58-4908.00 containing a
total of 32.75 acres more or less. Petitioner requests a Special Use District - Single-
Phase rezoning from RS12 (Residential, Single Family - Minimum Lot Size 12,000
square feet) to RSQ-S (Residential Single Family, Quadraplex-Special Use District).
Requested Use(s): Residential Building, Twin Home, and Residential Building, Single-
Family. Zoning Docket K-755
Mr. Hatling presented the Planning Board report. He explained that 37% of the property to be
developed will be open space. He stated that there is one new condition for a minimum of a
5-foot berm with a 15-foot Type III bufferyard on top of the berm behind lots consisting of
PIN# 6877-50-1082, 6876-59-2987, and 6876-59-3975. He said that Planning Board and Staff
recommend approval of the rezoning.
Mayor Morgan declared the public hearing open.
IN FAVOR:
Van Smith, Tradition Homes
Mr. Smith said that they have developed Trillium and McConnell. He said that he believes this
development will be a great asset to Kernersville.
OPPOSED:
None.
Mayor Morgan declared the public hearing closed.
BOARD DISCUSSION:
Alderman Crews said that he has discussed this with Mr. Williams, one of the neighbors, and he
is happy with the plan as it has now been presented.
B-1. Consideration of an ordinance rezoning said property.
Mayor Pro Tem Shifflette made a Motion to amend the Unified Development Ordinance of the
Town by rezoning the property in case K-755 from RS-12 to RSQ-S. The said rezoning being
consistent with the Town’s comprehensive plan, the Kernersville Development Plan, and further
being both reasonable and in the public interest due to the following facts:
Page 144 of 183
1. The proposed craftsman style architectural design would assist in implementing the
Kernersville Development Plan by creating a unique high quality development.
2. The proposed street network provides a strong street connectivity to the surrounding area.
3. The zoning designation for the site is a Special Use District with conditions to ensure that
the development is well suited for the site and surrounding uses which includes enhanced
building design, and street network.
Alderman Thompson seconded the motion.
The vote was 4-0 in favor of the motion.
ORDINANCE O-2017-22
AN ORDINANCE AMENDING THE
KERNERSVILLE ZONING ORDINANCE AND THE
OFFICIAL ZONING MAP OF THE
TOWN OF KERNERSVILLE, NC
BE IT ORDAINED by the Board of Aldermen of the Town of Kernersville as follows:
SECTION 1. The Kernersville Zoning Map be amended by changing from RS-12 (Minimum
Lot Size 12,000 square feet, Residential Single Family) to RSQ-S (Residential Single Family,
Quadraplex – Special Use District) for the requested uses: Residential Building, Twin Home; and
Residential Building, Single-Family. Approved for property located off of West Mountain Street
at 1409 West Mountain Street, and at the end of Crestland Drive being all of PIN#(S) 6876-59-
0147.00, 6876-59-4972.00, 6876-58-4908.00 containing 32.75 +/- acres more or less as recorded
in the Office of the Register of Deeds, Forsyth County, North Carolina and being further
described as follows:
BEING KNOWN AND DESIGNATED as at 1409 West Mountain Street, and at the end of
Crestland Drive being all of PIN# 6876-59-0147.00 as recorded in the Office of the Forsyth County
Register of Deeds DB 1173/489 dated 5/14/1976, PIN# 6876-59-4972.00 as recorded in the Office
of the Forsyth County Register of Deeds DB 809/398 dated 8/2/1960; and PIN #6876-58-4908.00
as recorded in the Office of the Forsyth County Register of Deeds DB 1506/6 dated 9/18/1985
containing 32.75 +/- acres more or less.
SECTION 2. This ordinance is adopted after approval of and upon condition of compliance with
the site plan entitled The Villas at West Mountain, identified as “Exhibit A” of the Special Use
District Permit issued by the Board of Aldermen the 27th day of June, 2017 to Barret Hagen, Agent
for Owners.
SECTION 3. The Board of Aldermen hereby directs the issuance of a Special Use District Permit
pursuant to Chapter 19 of the Town Code for the Town of Kernersville. Said Special Use District
Permit attached hereto and incorporated herein.
SECTION 4. This Ordinance shall be effective from and after its adoption.
Adopted this the 27th day of June, 2017.
Page 145 of 183
SPECIAL USE DISTRICT PERMIT
Issued by
Board of Aldermen of the Town of Kernersville
The Board of Aldermen of the Town of Kernersville has issued a Special Use District Permit for
the site in this zoning petition of Barret Hagen, Agent for the Owners. The site shall be developed
in accordance with the plan approved by the Board and bearing the inscription: “Exhibit A” of the
Special Use Permit for Barret Hagen and approved by the Board of Aldermen the 27th day of June
2017 and signed, provided the property is developed in accordance with requirements of the zoning
district of RSQ-S (Residential Single Family, Quadraplex - Special Use District), Single Phase
Chapter 19 of the Town Code and all other applicable laws permitted with the uses of: Residential
Building, Twin Home; and Residential Building, Single-Family.
Site Plan: Approval of the site plan with the following conditions:
Uses
1. Residential Building, Single Family; and Residential Building, Twin Home.
Building Architectural Design Standards 2. The heated area square footage of the twin home plans shall range from 1,706 to 2,020 +/-
and the detached homes heated area square footage shall range from 1,788 to 2,411 +/-.
3. The architectural features include a combination of the following:
a. Roof Pitch: Hip and/or gable(s) roof, with a pitch between 4:12 and 12:12.
b. Windows: Window trim that incorporates the use of decorative shutters, heads,
aprons and/or cornices.
c. Entrances: Well-defined stylistic front entrances with paneled doors.
d. Garage doors: Garage doors shall be paneled and framed with decorative trim.
e. Trim: Distinctive craftsman style trims shall be incorporated.
4. The building design features shall be on all four sides.
Site Plan Design
5. The developer shall provide on-site driveway parking for two (2) vehicles per single-
family residential units, excluding garage.
6. The minimum distance between the garage door and sidewalk shall be twenty (20) feet.
7. Pedestrian access points shall be provided to the central common area.
Page 146 of 183
Landscaping
8. At the time of construction plan submittal, the developer shall submit a landscaping plan
to the Town reflecting the installation of street trees along the entrance road and
landscaping at the entrance.
9. Along all residential streets, streetyard trees shall be placed outside of the public right-of-
way and easement. The minimum planting intervals shall be one (1) tree per structure, with
two (2) trees on corner lots. The streetyard tree shall be required in addition to the required
residential landscaping. A streetyard landscape plan shall be submitted at the time of
platting of the residential units to ensure the spacing and tree variety creates a harmonious
tree lined street.
Public Infrastructure
10. The lighting for the project shall be required with no light above “cut-off lighting fixtures”.
Cut-off lighting fixtures are lights that cast light downward.
Environmental/ Watershed
11. The open space shall be held in common ownership via a homeowner’s association. At the
time of platting, covenants and restrictions outlining the terms of maintenance and
operation for the common areas shall be submitted to the Town.
12. At the time of construction plan submittal, the developer/design engineer shall provide a
detailed grading plan showing provisions for adequate drainage of surface water between
and around building foundations. Finished grading in the vicinity of the building
foundation shall result in a minimum slope away from the building of six (6) inches within
ten (10) feet and be in compliance with the most current requirements of the NC Building
Code. Shallow, grassed drainage swales provided to transport surface water drainage shall
have a minimum slope of two percent (2%).
13. The new outfall or discharging pipe from the proposed wet pond shall discharge to the
south portion of the development to avoid adverse impact on the lots located within the
southwest portion of the site.
Transportation
14. The developer shall be required to install a right deceleration lane and left turn lane on
West Mountain Street. The construction drawings shall be approved by NCDOT prior to
recording the first phase of the subdivision, and constructed as required by NCDOT. The
access onto West Mountain street may change to improve the safety of the intersection.
15. If needed the Developer shall make a good faith effort to acquire the needed right-of-way
and/or easements for the West Mountain Street widening. If the Developer is unable to
acquire the needed property, the Developer must submit documentation to the Town that a
good faith effort was made to acquire the property. If the Town elects to acquire the
property to facilitate the road improvements, the Developer shall reimburse the Town for
all expenses, including but not limited to: right-of-way and easement cost, surveying,
engineering, legal, appraisal, and administration fees.
Page 147 of 183
Plat Requirements
16. A note on the Final Plat shall state: “Any landscaping within the public right-of-way shall
be maintained by the Property Owners’ Association.”
17. A note on the Final Plat shall state: “All storm drainage devices, including but not limited
to: pipes, stormwater BMP’s, drainage boxes, inlets, outlets and open channel conveyances
located outside of the public right-of-way shall be maintained by……” (and state the party
responsible for maintaining the storm drainage devices).
Bufferyard
18. A minimum of a five foot (5’) high berm, measured from elevation of the first floor of the
adjacent new home, shall be installed behind lots PIN #6877-50-1082, #6876-59-2987,
and #6876-59-3975. A fifteen foot (15’) Type III Bufferyard shall be planted on the
berm, with the primary evergreen plants (6’ minimum height at planting) shall be planted
on top of the berm.
Site Plan
19. The Site Plan as submitted with modifications as cited in the above conditions. See Exhibit A.
Page 148 of 183
Exhibit A
2 PUBLIC SESSION
A. SPEAKERS FROM THE FLOOR
None presented.
B. Presentation Regarding the Southeast Intermediate Regional World Series Tournament.
Mr. Swisher said that the presenter has requested to have this item removed from the agenda.
Mayor Pro Tem Shifflette made a Motion to remove this item.
Alderman Irving Neal seconded the motion.
The vote was 4-0 in favor of the motion.
Page 149 of 183
C. Consideration of a Request for the Temporary Road Closure of Main Street from
Railroad Street to Mountain Street, Main Street from Mountain Street to Harmon Lane,
and Harmon Lane from Main Street to Cherry Street by Finish Line Timing, LLC to
hold a Hop Harvest Downtown 5K Race on Saturday, September 2 from 8:00 AM to
9:30 AM.
Mr. Swisher said that this is the same request that the Board approved last year.
Mayor Pro Tem Shifflette made a Motion to approve the request.
Alderman Thompson seconded the motion.
The vote was 4-0 in favor of the motion.
D. Consideration of an Ordinance to Amend Traffic Schedule #7 - Parking Lots in Chapter
9 of the Town of Kernersville Code of Ordinances by Changing The Kerner House
Restaurant to Mad Greek Grill and Amending the Hours on the List of Parking Lots
where Parking or Trespassing is Prohibited.
Mr. Swisher said this will revise the schedule to reflect the new business name and business
hours. He said that the owner approves of the change.
Alderman Neal made a Motion to approve the ordinance.
Alderman Crews seconded the motion.
The vote was 4-0 in favor of the motion.
ORDINANCE NO. O-2017-23
AN ORDINANCE AMENDING TRAFFIC SCHEDULE 7 OF CHAPTER 9
OF THE TOWN OF KERNERSVILLE CODE OF ORDINANCES
FOR A PARKING PROHIBITION AT MAD GREEK GRILL
WHEREAS, it is in the interest of the public health, safety and welfare to regulate the flow of
traffic within the Town of Kernersville; and
WHEREAS, The Kerner House Restaurant has changed in name, ownership, and hours of
operation; and
WHEREAS, amending Traffic Schedule 7 of Chapter 9 of the Town of Kernersville Code of
Ordinances will enhance the public health, safety, and welfare of the citizens of the Town of
Kernersville.
Page 150 of 183
NOW, THEREFORE, BE IT HEREBY ORDAINED by the Board of Aldermen of the Town of
Kernersville that Chapter 9: Motor Vehicles and Traffic, Section 9-144(c) is amended by changing
The Kerner House Restaurant at 708 Bodenhamer Street to Mad Greek Grill at 708 NC Highway
66 South and amending the hours in this privately owned parking lot where parking or trespassing
is prohibited to be the hours of 11:00 PM to 9:00 AM Monday – Saturday and all day on Sunday.
This ordinance shall be effective upon adoption of this amendment.
Adopted this the 27th day of June, 2017.
E. Consideration of an Ordinance Ordering the Demolition and Removal of a Structure
Located at 1325 Union Cross Road.
Mr. Wolfe said that an ordinance was passed a year ago ordering that this house either be
brought up to building code standards or demolished. He said that nothing has been done in the
last year. He stated that this ordinance will provide for the demolition of the house in 90 days.
Alderman Crews said that he has spoken with the Ballard family on this issue. He said that they
are willing to take action and have requested that no demolition occur within 60 days.
Mr. Wolfe said that no action would be taken within 60 days even with the approval of this
ordinance.
Alderman Neal made a Motion to approve the ordinance.
Mayor Pro Tem Shifflette seconded the motion.
The vote was 4-0 in favor of the motion.
ORDINANCE O-2017-24
ORDINANCE ORDERING THE DEMOLITION AND REMOVAL
OF A STRUCTURE PURSUANT TO SECTION 10
OF THE MINIMUM HOUSING CODE
OF THE TOWN OF KERNERSVILLE
WHEREAS, on June 7, 2016, pursuant to Chapter 8.5 of the Code of Ordinances of the Town of
Kernersville adopts a Minimum Housing Code as authorized by North Carolina General Statutes
160A-441, et. seq., the Board of Aldermen ordered that the House located at 1325 Union Cross
Road, Kernersville, North Carolina and owned by Nan. B. Kollar and spouse and Donald L. Ballard
and any unknown heirs of Mildred M. Ballard (hereinafter “House”) be vacated and either repaired,
altered or improved or demolished; and
WHEREAS, said Ordinance was recorded in Book 3291, Page 1393 of the Forsyth County
Registry as required by Section 11(e) of the Minimum Housing Code of the Town of Kernersville;
and
Page 151 of 183
WHEREAS, more than one year has passed since the Ordinance requiring that the House be
vacated and either repaired, altered or improved or demolished was adopted and recorded and the
Owner(s) have not taken any steps to repair, alter or improve the House or to demolish it and it
remains vacated and closed; and
WHEREAS, the Board of Aldermen of the Town of Kernersville hereby finds that:
1. More than one year has passed since the Ordinance requiring that the House be vacated
and either repaired, altered or improved or demolished was adopted and recorded.
2. The property owner(s) has abandoned the intent and purpose to repair, alter or
improve the dwelling in said Ordinance to render it fit for human habitation.
3. The House was, and is a dilapidated dwelling as defined in Section 11(b) of the
Minimum Housing Code of the Town and remains unfit for human habitation as
defined in Section 6 of the Minimum Housing Code.
4. The continuation of said structure in its vacated status will be inimical to the health,
safety, and welfare of the Town in that the House will continue to deteriorate, will
create a fire and safety hazard, will be a threat to children and vagrants, will attract
persons intent on criminal activities, will cause or continue to contribute to blight and
deterioration of property values in the area, and will render unavailable a dwelling
which might otherwise have been available to ease the persistent shortage of decent
and affordable housing in this state and town.
NOW, THEREFORE, BE IT HEREBY ORDAINED by the Board of Aldermen of the Town
of Kernersville that:
1. The owner of the property described in the attached Exhibit A is hereby ordered to
repair or demolish and remove said House within ninety (90) days.
2. In the event that the owner fails to comply with this order, the Town Development
Services Manager is hereby ordered to effectuate the purpose of the Minimum Housing
Code of the Town of Kernersville (Chapter 8.5) with respect to the House herein
described by causing said House to be repaired or demolished and removed in
accordance with the provisions of said ordinance.
3. The property to which this ordinance applies is described in the attached Exhibit A
which is attached hereto and incorporated by reference.
4. This ordinance shall be effective upon adoption and a certified copy hereof shall be
recorded in the Office of the register of Deeds of Forsyth County, North Carolina and
shall be indexed in the name of the property owners in the grantor index as required by
law.
Page 152 of 183
Adopted this 27th day of June, 2017 at 7:26 PM.
I, Keith Hooker, Town Clerk of the Town of Kernersville, North Carolina, do hereby
certify that this is a true and correct copy of the foregoing Ordinance Ordering the Demolition and
Removal of a Structure Pursuant to Section 10 of the Minimum Housing Code of the Town of
Kernersville.
This the 27th day of June, 2017.
EXHIBIT A
Property on which the House ordered demolished pursuant to the Ordinance adopted June 27, 2017
is located:
1325 Union Cross Road and also being known as Block 5646, Lots 25E, 25F, 28B and 29A as
shown in the Forsyth County Tax Maps in the Office of the Tax Supervisor, Forsyth County
Government Center, 201 North Chestnut Street, Winston-Salem, NC and also identified as
PIN # 6875-73-3757.00.
Said property identified in the tax records of Forsyth County as being owned by the heirs of
Mildred Ballard who are Nan B. Kollar and Donald L. Ballard and any unknown heirs of Mildred
Ballard.
F. Consideration of an Ordinance Setting the Town Manager's Compensation.
Mr. Wolfe presented the ordinance that he has drafted based on the performance review that was
conducted last week.
Alderman Neal made a Motion to approve the ordinance to include $131,040 in salary for the
Town Manager, a 3% contribution to his 457(b) or 401(k) retirement plan, up to $1,000 for
annual civic club dues, a $600 monthly automobile allowance, 1 week of vacation in addition to
what the Town Manager would normally accrue, and all other usual benefits afforded other
Town employees, as well as the other contract terms that are included in the ordinance.
Mayor Pro Tem Shifflette seconded the motion.
The vote was 4-0 in favor of the motion.
Page 153 of 183
ORDINANCE NO. O-2017-25
AN ORDINANCE SETTING ANNUAL COMPENSATION FOR THE
KERNERSVILLE TOWN MANAGER
WHEREAS, Curtis L. Swisher, has been employed with the Town of Kernersville for a
period in excess of nine (9) years with his anniversary date being February 18th; and
WHEREAS, the Board of Alderman has, as it does from time to time, reviewed
compensation paid Town Managers of other communities, as well as reviewed the Town
Manager’s performance during the past year; and
WHEREAS, the Board of Alderman has found that the Town Manager continues to
perform satisfactorily and commendably in his position;
NOW THEREFORE, BE IT HEREBY ORDAINED BY THE BOARD OF
ALDERMAN that the Town Manager’s (Curtis L. Swisher) compensation be set in the following
manner effective July 1, 2017.
1. An annual salary of One Hundred Thirty-One Thousand Forty and no/100 Dollars
($131,040.00) paid in accordance with the Town of Kernersville Employee Payment Plan; with an
additional three (3) percent of his annual salary to be deposited to his 457(b) Retirement Plan
Account.
2. An annual allowance equal to the Membership Dues of a Civic Club of the Town
Manager’s choice up to One Thousand and no/100 Dollars ($1,000.00);
3. A monthly automobile allowance of Six Hundred and no/100 Dollars ($600.00);
4. One (1) week of paid vacation annually in addition to that which the Town Manager
is entitled, and accrues, as an employee of the Town;
5. All other usual benefits afforded other Town employees as defined by the Personnel
policy of the Town including but not limited to such as relate to health and life insurance, sick
leave, and 401(K) contributions.
6. By contract, that he is guaranteed severance compensation of six (6) months’ salary
(representing one month granted at the time of his Appointment and one month for each year of
service to date) should the said Town Manager’s employment be terminated during the current
year of employment other than by himself voluntarily terminating his employment, or for
misconduct on this part of his employment.
This Ordinance is effective upon its adoption.
Page 154 of 183
This 27th day of June 2017.
G. Consideration of a Contract with John G. Wolfe III, Attorney at Law for Legal
Services.
Mr. Swisher stated that this is a 2-year renewal with a 3% annual rate increase and that all other
terms of the contract will remain the same.
Alderman Neal made a Motion to approve the ordinance.
Alderman Thompson seconded the motion.
The vote was 4-0 in favor of the motion.
H. Consideration of a Budget Ordinance and Schedule of Fees and Charges for the
Operations of the Town of Kernersville for FY 2017-18.
Mr. Swisher said this is the draft budget that was presented at the public hearing on June 6 and
that there are no changes.
Mayor Pro Tem Shifflette made a Motion to approve the ordinance.
Alderman Neal seconded the motion.
The vote was 4-0 in favor of the motion.
Page 155 of 183
Page 156 of 183
Page 157 of 183
Page 158 of 183
Page 159 of 183
Page 160 of 183
I. Consideration of Budget Amendment #8 for FY 2016-17.
Mr. Swisher highlighted the changes to revenue and expenses. He said that the net change is a
reduction in the amount of fund balance appropriated by $333,378.
Mayor Pro Tem Shifflette made a Motion to approve the ordinance.
Alderman Crews seconded the motion.
The vote was 4-0 in favor of the motion.
Page 161 of 183
Page 162 of 183
Page 163 of 183
J. Consideration of a Notice of Intent to Reimburse the Purchase of Equipment as
Approved in the Fiscal Year 2017-18 Operating Budget.
Mr. Swisher said this applies to the equipment that is part of the budget the Board just approved.
He stated that the total amount is $1,290,035.
Mayor Pro Tem Shifflette made a Motion to approve the resolution.
Alderman Thompson seconded the motion.
The vote was 4-0 in favor of the motion.
RESOLUTION NO. R-2017-22
DECLARATION OF THE BOARD OF ALDERMEN
OF THE TOWN OF KERNERSVILLE OF OFFICIAL INTENT
TO REIMBURSE
WHEREAS, this declaration (the "Declaration") is made pursuant to the requirements of
United States Treasury Regulations Section 1.150-2 and is intended to constitute a
Declaration of Official Intent to Reimburse under such Treasury Regulations
Section.
WHEREAS, the undersigned is authorized to declare the official intent of the Town of
Kernersville (the "Town") with respect to the matters contained herein.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE
TOWN OF KERNERSVILLE THAT:
1. Expenditures to be incurred. The Town anticipates incurring expenditures (the
"Expenditures") for the Improvements and purchase of Equipment for use solely by the Town of
Kernersville (the "Projects").
2. The Proposed Projects. The Projects to be financed consist of the following:
A. Inspections Field Vehicle – $24,000
B. Police Patrol Car Replacements (8) – $389,000
C. Fire Staff Vehicle – $40,000
D. Parks and Recreation Crew Cab Pickup Truck – $49,500
E. Virtual Sever Storage – $77,635
F. Courtroom Chamber Technology Upgrades – $36,000
G. Police In-Car Camera Replacements – $46,400
H. Fire AED Replacements – $34,000
I. Fire Thermal Imagining Cameras (2) – $20,000
J. Parks and Recreation Bobcat Overseeder Attachment – $6,500
K. Parks and Recreation Truckster – $30,000
Page 164 of 183
L. Public Services Furniture and Appliances – $225,000
M. Hydraulic Lift – $25,000
N. Salt Brine Spray Systems (3) – $18,000
O. Salt Brine Mixer – $35,000
P. Ivey Redmon Athletic Complex Automatic Gates – $21,000
Q. Fourth of July Park ADA Upgrade / Replacement – $213,000
3. Maximum amount to be financed. The maximum amount to be financed by the
Town to complete the Projects is $1,290,035.
4. Plan of Finance. The Town intends to finance the cost of the Project described
above with the proceeds of debt to be incurred by the Town in accordance with the contract
method of financing under the authority of North Carolina General Statutes Section 160A-20 as
amended by Chapter 708 of the 1989 Session Laws.
5. Declaration of Official Intent to Reimburse. The Town hereby declares its
official intent to reimburse itself with the proceeds of the debt for any of the Expenditures
incurred by it prior to financing of the Project.
Adopted this the 27th day of June, 2017.
K. Consideration of a Notice of Intent to Reimburse for Purchase of Property Located at
137 West Mountain Street.
Mr. Swisher said this is for the old convenience store property. He stated that this is set at
$250,000 to cover the cost of the purchase of the property as well as any improvements. He said
that part of the property can be covered with pavement or gravel. He noted that all of these
intents to reimburse are required by the Local Government Commission.
Alderman Neal made a Motion to approve the resolution.
Alderman Crews seconded the motion.
The vote was 4-0 in favor of the motion.
RESOLUTION NO. R-2017-23
DECLARATION OF THE BOARD OF ALDERMEN
OF THE TOWN OF KERNERSVILLE OF OFFICIAL INTENT
TO REIMBURSE
WHEREAS, this declaration (the "Declaration") is made pursuant to the requirements of the
United States Treasury Regulations Section 1.150-2 and is intended to constitute a
Declaration of Official Intent to Reimburse under such Treasury Regulations
Section.
Page 165 of 183
WHEREAS, the undersigned is authorized to declare the official intent of the Town of
Kernersville, North Carolina (the "Issuer") with respect to the matters contained
herein.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE
TOWN OF KERNERSVILLE, NORTH CAROLINA THAT:
1. Expenditures to be incurred. The Town anticipates incurring expenditures (the
"Expenditures") for the purchase of property (the “Property”) located at 137 West Mountain Street
and improvements to such.
2. Maximum amount to be financed. The maximum amount to be financed by the
Town to purchase the Property and make improvements shall not exceed $250,000.
3. Plan of Finance. The Town intends to finance the cost of the land described above
with the proceeds of debt to be incurred by the Town in accordance with the contract method of
financing under the authority of North Carolina General Statutes Section 160A-20 as amended by
Chapter 708 of the 1989 Session Laws.
4. Declaration of Official Intent to Reimburse. The Town hereby declares its
official intent to reimburse itself with the proceeds of the debt for any of the Expenditures
incurred by it prior to financing of the Property and improvements.
Adopted this the 27th day of June, 2017.
L. Consideration of a Notice of Intent to Reimburse for Purchase of Property Located at
109 South Cherry Street.
Mr. Swisher said this is the Morris house behind the convenience store. He stated that this is set
at $250,000 to cover the cost of the purchase of the property as well as any improvements.
He said the building will remain standing until the Board makes a decision regarding the future
use of the property.
Alderman Crews made a Motion to approve the resolution.
Alderman Thompson seconded the motion.
The vote was 4-0 in favor of the motion.
Page 166 of 183
RESOLUTION NO. R-2017-24
DECLARATION OF THE BOARD OF ALDERMEN
OF THE TOWN OF KERNERSVILLE OF OFFICIAL INTENT
TO REIMBURSE
WHEREAS, this declaration (the "Declaration") is made pursuant to the requirements of the
United States Treasury Regulations Section 1.150-2 and is intended to constitute a
Declaration of Official Intent to Reimburse under such Treasury Regulations
Section.
WHEREAS, the undersigned is authorized to declare the official intent of the Town of
Kernersville, North Carolina (the "Issuer") with respect to the matters contained
herein.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE
TOWN OF KERNERSVILLE, NORTH CAROLINA THAT:
1. Expenditures to be incurred. The Town anticipates incurring expenditures (the
"Expenditures") for the purchase of property (the “Property”) located at 109 South Cherry Street
and improvements to such.
2. Maximum amount to be financed. The maximum amount to be financed by the
Town to purchase the Property and make improvements shall not exceed $250,000.
3. Plan of Finance. The Town intends to finance the cost of the land described above
with the proceeds of debt to be incurred by the Town in accordance with the contract method of
financing under the authority of North Carolina General Statutes Section 160A-20 as amended by
Chapter 708 of the 1989 Session Laws.
4. Declaration of Official Intent to Reimburse. The Town hereby declares its
official intent to reimburse itself with the proceeds of the debt for any of the Expenditures
incurred by it prior to financing of the Property and improvements.
Adopted this the 27th day of June, 2017.
M. Consideration of a Notice of Intent to Reimburse for Costs Associated with Paving of
Town Streets.
Mr. Swisher said this will be for the repaving that is in the budget the Board just approved.
He stated that this is set at $1,000,000.
Page 167 of 183
Alderman Neal made a Motion to approve the resolution.
Mayor Pro Tem Shifflette seconded the motion.
The vote was 4-0 in favor of the motion.
N. Consideration of a Notice of Intent to Reimburse for Construction of a Fire Station.
Mr. Swisher said this is set at $7,500,000 to cover any potential cost overruns so the Board
would not have to approve a revised notice of intent.
Mayor Pro Tem Shifflette made a Motion to approve the resolution.
Alderman Neal seconded the motion.
The vote was 4-0 in favor of the motion.
RESOLUTION NO. R-2017-26
DECLARATION OF THE BOARD OF ALDERMEN
OF THE TOWN OF KERNERSVILLE OF OFFICIAL INTENT
TO REIMBURSE
WHEREAS, this declaration (the "Declaration") is made pursuant to the requirements of United
States Treasury Regulations Section 1.150-2 and is intended to constitute a
Declaration of Official Intent to Reimburse under such Treasury Regulations
Section.
WHEREAS, the undersigned is authorized to declare the official intent of the Town of
Kernersville (the "Town") with respect to the matters contained herein.
WHEREAS, the Board of Aldermen of the Town of Kernersville on August 2, 2016 adopted
Resolution No. R-2016-21 declaring an official intent to reimburse expenditures
associated with land acquisition and construction of a new fire station in an amount
not to exceed $6,200,000.
WHEREAS, the overall economy and construction industry have significantly improved,
resulting in cost increases to the completion of the new fire station above the
original maximum amount to be financed per Resolution No. R-2016-21.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE
TOWN OF KERNERSVILLE THAT:
1. Expenditures to be incurred. The Town of Kernersville solely anticipates incurring
expenditures (the "Expenditures") for land acquisition and construction of a new fire station on
N.C. Highway 66 South, hereafter referred to as the "Project".
Page 168 of 183
2. Plan of Finance. The Town intends to finance the cost of the Project described
above with the proceeds of debt to be incurred by the Town in accordance with the contract method
of financing under the authority of North Carolina General Statutes Section 160A-20 as amended
by Chapter 708 of the 1989 Session Laws.
3. Maximum amount to be financed. The maximum amount to be financed by the
Town to complete the Project is $7,500,000.
4. This resolution amends the maximum amount to be financed per Resolution
R-2016-21.
5. Declaration of Official Intent to Reimburse. The Town hereby declares its official
intent to reimburse itself with the proceeds of the debt for any of the Expenditures incurred by it
prior to financing of the Project.
Adopted this the 27th day of June, 2017.
O. Consideration of a Resolution Authorizing the Filing of an Application for Approval of
a Financing Agreement for the Repayment of Land Purchases.
Mr. Swisher said this is associated with items K and L.
Alderman Neal made a Motion to approve the resolution.
Alderman Thompson seconded the motion.
The vote was 4-0 in favor of the motion.
RESOLUTION NO. R-2017-27
RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR APPROVAL OF A FINANCING AGREEMENT
AUTHORIZED BY NORTH CAROLINA GENERAL STATUTE 160A-20
WHEREAS, the Town of Kernersville, North Carolina desires to purchase real property and make improvements to better serve the citizens of the Town of Kernersville. These purchases, hereafter referred to as the “Project”, include the following properties: 109 South Cherry Street; 137 West Mountain Street; and 401 South Main Street. The Town of Kernersville intends to secure a financing contract for a period of ten (10) years to finance the Project; and WHEREAS, The Town of Kernersville desires to finance the Project by the use of an installment contract authorized under North Carolina General Statute 160A, Article 3, Section 20; and
Page 169 of 183
WHEREAS, findings of fact by the Board of Aldermen of the Town of Kernersville must be found and then presented to enable the North Carolina Local Government Commission to make its findings of fact set forth in North Carolina General Statute 159, Article 8, Section 151 prior to approval of the proposed contract; NOW, THEREFORE, BE IT RESOLVED that the Board of Aldermen of Kernersville, North Carolina, meeting in regular session on the 27th day of June, 2017, makes the following findings of fact:
1. The proposed contract is necessary or expedient because the Town has been, and is, experiencing economic growth; and, as such, the need for future Town facilities is anticipated and expected so as to better serve the citizens of the Town. The use of an installment financing contract will afford the Town the opportunity of taking advantage of the current debt market without materially affecting the finances of the Town.
2. The proposed contract is preferable to utilization of a bond issue, for the same purpose
because of several factors. First, private placement financing can be secured within a quicker timeframe compared to the issuance of bonds. And second, the private placement financing term will be the same or relatively shorter than a typical bond financing period.
3. The cost of financing under the proposed installment purchase contract is comparable or
less than the cost of issuing general obligation bonds.
4. The sums to fall due under the installment contract are reasonable and not excessive for the proposed purpose; and, debt repayment can occur with minimal ad valorem tax increases or increases in Town service fees.
5. The Town of Kernersville’s debt management procedures and policies are sound and the
Town’s financial records, procedures, and policies are reviewed annually by an independent audit firm and have for years been determined to be in compliance with applicable State and Local regulations as well as industry practices.
6. The Town of Kernersville is not in default in any of its debt service obligations.
7. The attorney for the Town of Kernersville has rendered an opinion that the proposed
Project is authorized by law and is a purpose for which public funds may be expended pursuant to the Constitution and laws of North Carolina.
Page 170 of 183
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Town Manager and Finance Director are hereby authorized to act on behalf of the Town of Kernersville in filing an application with the North Carolina Local Government Commission for approval of the Project and the proposed installment financing contract, and to act on other necessary actions not inconsistent with this Resolution. This Resolution is effective upon its adoption this the 27th day of June, 2017. The Motion to adopt this Resolution was made by Alderman Irving Neal, seconded by
Alderman Chris Thompson and passed by a vote of 4 to 0.
This 27th day of June 2017.
P. Consideration of a Resolution Authorizing the Filing of an Application for Approval of
a Financing Agreement for Paving of Town Streets.
Mr. Swisher said this is associated with item M.
Alderman Crews made a Motion to approve the resolution.
Alderman Neal seconded the motion.
The vote was 4-0 in favor of the motion.
RESOLUTION NO. R-2017-28
RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR APPROVAL OF A FINANCING AGREEMENT
AUTHORIZED BY NORTH CAROLINA GENERAL STATUTE 160A-20
WHEREAS, the Town of Kernersville, North Carolina desires to purchase real property and make improvements to better serve the citizens of the Town of Kernersville. These purchases, hereafter referred to as the “Project”, include the paving of various Town streets. The Town of Kernersville intends to secure a financing contract for a period of ten (10) years to finance the Project; and WHEREAS, The Town of Kernersville desires to finance the Project by the use of an installment contract authorized under North Carolina General Statute 160A, Article 3, Section 20; and WHEREAS, findings of fact by the Board of Aldermen of the Town of Kernersville must be found and then presented to enable the North Carolina Local Government Commission to make its findings of fact set forth in North Carolina General Statute 159, Article 8, Section 151 prior to approval of the proposed contract; NOW, THEREFORE, BE IT RESOLVED that the Board of Aldermen of Kernersville, North Carolina, meeting in regular session on the 27th day of June, 2017, makes the following findings of fact:
Page 171 of 183
8. The proposed contract is necessary or expedient because the Town has been, and is,
experiencing economic growth; and, as such, the need for future Town facilities is anticipated and expected so as to better serve the citizens of the Town. The use of an installment financing contract will afford the Town the opportunity of taking advantage of the current debt market without materially affecting the finances of the Town.
9. The proposed contract is preferable to utilization of a bond issue, for the same purpose
because of several factors. First, private placement financing can be secured within a quicker timeframe compared to the issuance of bonds. And second, the private placement financing term will be the same or relatively shorter than a typical bond financing period.
10. The cost of financing under the proposed installment purchase contract is comparable or
less than the cost of issuing general obligation bonds.
11. The sums to fall due under the installment contract are reasonable and not excessive for the proposed purpose; and, debt repayment can occur with minimal ad valorem tax increases or increases in Town service fees.
12. The Town of Kernersville’s debt management procedures and policies are sound and the
Town’s financial records, procedures, and policies are reviewed annually by an independent audit firm and have for years been determined to be in compliance with applicable State and Local regulations as well as industry practices.
13. The Town of Kernersville is not in default in any of its debt service obligations.
14. The attorney for the Town of Kernersville has rendered an opinion that the proposed
Project is authorized by law and is a purpose for which public funds may be expended pursuant to the Constitution and laws of North Carolina.
Page 172 of 183
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Town Manager and Finance Director are hereby authorized to act on behalf of the Town of Kernersville in filing an application with the North Carolina Local Government Commission for approval of the Project and the proposed installment financing contract, and to act on other necessary actions not inconsistent with this Resolution. This Resolution is effective upon its adoption this the 27th day of June, 2017. The Motion to adopt this Resolution was made by Alderman Kenny Crews, seconded by
Alderman Irving Neal and passed by a vote of 4 to 0.
This 27th day of June 2017.
3 CONSENT AGENDA:
All of the following matters are considered to be routine by the Board of Aldermen and
will be enacted by one motion. There will be no separate discussion unless a Board
member or citizen so requests, in which event the matter will be removed from the
Consent Agenda and considered under the following item.
A. Approval of Minutes for May 31, 2017 Briefing Meeting.
B. Approval of Minutes for June 6, 2017 Regular Meeting.
C. Approval of Minutes for June 6, 2017 Closed Session.
D. Consideration of an Ordinance for Temporary Road Closures for the 4th of July Parade
and Fireworks.
E. Consideration of Ordinance by Forsyth County to Collect Town of Kernersville Taxes
for Prior Years.
NORTH CAROLINA FORSYTH COUNTY
Page 173 of 183
ORDINANCE NO. O-2017-29
ORDER OF THE BOARD OF ALDERMAN OF THE TOWN OF KERNERSVILLE
IN ACCORDANCE WITH G.S.105-373, G.S.105-321, AND G.S.105-330.3 FOR THE COLLECTION OF 2016 AND PRIOR YEARS’ TAXES
TO: JOHN T. BURGISS, RES TAX COLLECTOR OF FORSYTH COUNTY, CITY OF WINSTON-SALEM, VILLAGE OF CLEMMONS, VILLAGE OF TOBACCOVILLE, TOWN OF LEWISVILLE, TOWN OF RURAL HALL, TOWN OF WALKERTOWN, CITY OF KING, TOWN OF KERNERSVILLE, TOWN OF BETHANIA, CITY OF HIGH POINT You are hereby authorized, empowered, and commanded to collect the taxes remaining unpaid as
set forth in the 2008 through 2016 tax records filed in the Office of the Forsyth County Tax Collector, and
in the tax receipts herewith delivered to you in the amounts and from the taxpayers likewise therein set
forth. You are further authorized, empowered, and commanded to collect the 2008 through 2016 taxes
charged and assessed as provided by law for adjustments, changes, and additions to the tax records and tax
receipts delivered to you which are made in accordance with law. Such taxes are hereby declared to be a
first lien on all real property of the respective taxpayers in Forsyth County, City of Winston-Salem, Town
of Rural Hall, Town of Walkertown, Village of Clemmons, Village of Tobaccoville, Town of Bethania,
Town of Lewisville, City of King, Town of Kernersville, City of High Point, Beeson’s Cross Roads Fire
Protection District, Belews Creek Fire and Rescue Protection District, City View Fire Protection District,
Clemmons Fire and Rescue Protection District, Forest Hill Fire and Rescue Protection District, Griffith Fire
Protection District, Gumtree Fire and Rescue Protection District, Horneytown Fire and Rescue Protection
District, King of Forsyth County Fire and Rescue Protection District, Lewisville Fire and Rescue Protection
District, Mineral Springs Fire Protection District, Mineral Springs Service District, Mount Tabor Fire and
Rescue Protection District, Northeast Fire and Rescue Protection District, Old Richmond Fire and Rescue
Protection District, Piney Grove Fire Protection District, Suburban Fire and Rescue Protection District,
Salem Chapel Fire and Rescue Protection District, South Fork Fire Protection District, Talley’s Crossing
Fire and Rescue Protection District, Triangle Fire Protection District, Union Cross Fire and Rescue
Protection District, Vienna Fire Protection District and West Bend Service District, and this order shall be
a full and sufficient authority to direct, require, and enable you to levy on and sell, any real or personal
property, and attach wages and/or other funds, of such taxpayers, for and on account thereof, in accordance
with law.
Within available funds in the budget ordinance and personnel positions established, the Tax
Collector may appoint employees and authorize them to perform those functions authorized by the
Machinery Act of Chapter 105 of the North Carolina General Statutes and other applicable laws for current
and previous years’ taxes. County personnel presently in the Tax Collector’s office continue to serve in
their respective positions in the discretion of the Tax Collector.
Taxes on classified Motor Vehicles for 2013 and prior years are deemed uncollectible; therefore,
the Forsyth County Commissioners, pursuant to G.S. 105-373(h) do hereby relieve the tax collector of the
charge of collecting taxes on classified motor vehicles listed pursuant to G.S. 105-330.3(a)(1) for 2013 and
prior years.
WITNESS my hand and official seal, this the 27th day of June, 2017.
F. Consideration of Ordinance by Forsyth County to Collect Town of Kernersville Taxes
for 2017.
Page 174 of 183
NORTH CAROLINA
FORSYTH COUNTY
ORDINANCE NO. O-2017-30
ORDER OF THE BOARD OF ALDERMAN OF THE TOWN OF KERNERSVILLE
IN ACCORDANCE WITH G.S.105-321 AND G.S. 153A-156
FOR THE COLLECTION OF 2017 TAXES
TO: JOHN T. BURGISS, RES
TAX COLLECTOR OF FORSYTH COUNTY, CITY OF WINSTON-SALEM,
VILLAGE OF CLEMMONS, VILLAGE OF TOBACCOVILLE, TOWN OF LEWISVILLE,
TOWN OF RURAL HALL, TOWN OF WALKERTOWN, CITY OF KING,
TOWN OF KERNERSVILLE, TOWN OF BETHANIA, CITY OF HIGH POINT
You are hereby authorized, empowered, and commanded to collect the taxes set forth in the 2017
tax records filed in the Office of the Forsyth County Tax Collector, and in the tax receipts herewith delivered
to you in the amounts and from the taxpayers likewise therein set forth. You are further authorized,
empowered, and commanded to collect the 2017 taxes charged and assessed as provided by law for
adjustments, changes, and additions to the tax records and tax receipts delivered to you which are made in
accordance with law. Such taxes are hereby declared to be a first lien on all real property of the respective
taxpayers in Forsyth County, City of Winston-Salem, Town of Rural Hall, Town of Walkertown, Village
of Clemmons, Village of Tobaccoville, Town of Bethania, Town of Lewisville, City of King, Town of
Kernersville, City of High Point, Beeson’s Cross Roads Fire Protection District, Belews Creek Fire and
Rescue Protection District, City View Fire Protection District, Clemmons Fire and Rescue Protection
District, Forest Hill Fire and Rescue Protection District, Griffith Fire Protection District, Gumtree Fire and
Rescue Protection District, Horneytown Fire and Rescue Protection District, King of Forsyth County Fire
and Rescue Protection District, Lewisville Fire and Rescue Protection District, Mineral Springs Fire
Protection District, Mineral Springs Service District, Mount Tabor Fire and Rescue Protection District,
Northeast Fire and Rescue Protection District, Old Richmond Fire and Rescue Protection District, Piney
Grove Fire Protection District, Suburban Fire and Rescue Protection District, Salem Chapel Fire and Rescue
Protection District, South Fork Fire Protection District, Talley’s Crossing Fire and Rescue Protection
District, Triangle Fire Protection District, Union Cross Fire and Rescue Protection District, Vienna Fire
Protection District and West Bend Service District, and this order shall be a full and sufficient authority to
direct, require, and enable you to levy on and sell, any real or personal property, and attach wages and/or
other funds, of such taxpayers, for and on account thereof, in accordance with law.
You are also hereby authorized, empowered and commanded to administer and to collect taxes on
gross receipts derived from retail short-term leases or rentals of motor vehicles as set forth under G.S. 153A-
156. You are hereby authorized to promulgate such rules and procedures necessary to administer these
taxes which are not inconsistent or contrary to applicable law.
Within available funds in the budget ordinance and personnel positions established, the Tax
Collector may appoint employees and authorize them to perform those functions authorized by the
Machinery Act of Chapter 105 of the North Carolina General Statutes and other applicable laws for current
and previous years’ taxes. County personnel presently in the Tax Collector’s office continue to serve in
their respective positions at the discretion of the Tax Collector.
WITNESS my hand and official seal, this the 27th of June, 2017.
G. Consideration of an Appointment to the Planning Board.
Appointment: Steve Hutchins, reappointment term to expire 6/30/20.
Page 175 of 183
Mayor Pro Tem Shifflette made a Motion to approve the Consent Agenda.
Alderman Thompson seconded the motion.
The vote was 4-0 in favor of the motion.
4 ITEMS REMOVED FROM CONSENT AGENDA.
None.
5 SPEAKERS FROM THE FLOOR.
None presented.
6 TOWN MANAGER’S REPORT AND MISCELLANEOUS.
Mr. Swisher said that there are three statues proposed for the Fourth of July Park and one for the
new Founders Park. He said the total cost of the four statues will be around $111,000 not
including the base for the one at Founders Park. He said the Town has already received $50,000
in donations for the statues and another $20,000 has already been donated directly to the
company constructing the statues.
Alderman Neal made a Motion to approve the expenditure of up to $120,000 for the purchase of
the statues and the base.
Alderman Thompson seconded the motion.
The vote was 4-0 in favor of the motion.
Mr. Swisher stated that NCDOT will be working for about one year from now to finish the road
improvements on South Main Street. He said that the stoplights are currently on a timer but will
eventually use vehicle sensors. He said that there will eventually be 2 left-turn lanes from South
Main Street to Old Winston Road and 2 left-turn lanes from Old Winston Road to South Main
Street. He stated that road widening will make this possible. He said there will be a concrete
median installed on South Main Street. U-turns will be allowed on South Main Street at the
intersection with Old Winston Road. He gave an update to the roundabout on Old Winston Road
and the paving at the end of Southern Street. He said that traffic on South Main Street will get
worse before it gets better due to the continued construction.
Mr. Swisher stated that House Bill 310 has been updated. He said it appears that the bill will be
approved. He reminded the Board of the concerns regarding the spacing of the small cell towers.
He said that the revised bill will allow the Town to prohibit them if the spacing is unreasonable.
He advised that there is no definition to “reasonable spacing” and that this only applies to new
utility poles, not existing ones. He also expressed a concern that the fees for outside consultants
that the Town would be allowed to charge for the review of the placement of the small cell
towers would be insufficient to cover the actual costs to the Town.
Page 176 of 183
7 MATTERS TO BE PRESENTED BY THE TOWN ATTORNEY.
Mr. Wolfe advised the Board that the Town’s ordinance regarding the filing of candidates for
Town election needs to be updated. He presented an ordinance to the Board that will clarify that
the fee amounts are $10 for the office of Alderman and $20 for the office of Mayor and that the
fees will be payable to the Forsyth County Board of Elections.
Alderman Neal made a Motion to approve the ordinance as presented.
Mayor Pro Tem Shifflette seconded the motion.
The vote was 4-0 in favor of the motion.
ORDINANCE NO. O-2017-31
ORDINANCE AMENDING SECTION 2-42 OF THE CODE OF ORDINANCES
ESTABLISHING THE FILING FEES FOR
TOWN OF KERNERSVILLE MUNICIPAL ELECTIONS
WHEREAS, Section 2-42 of the Town of Kernersville Code of Ordinances and Section 9 of the
Kernersville Town Charter authorize the Board of Aldermen to establish the filing fees for
candidates for the offices of Mayor and Aldermen of the Town, in accordance with North Carolina
General Statute §163-294.2; and
WHEREAS, Section 2-42 requires the listing of those filing fees in the Town Schedule of Fees
and Charges which is no longer appropriate since these filing fees are collected and retained by
the Forsyth County Board of Elections; and
WHEREAS, the Board of Aldermen has determined that Section 2-42 should be amended to reflect
the appropriate fee and to remove the requirement of listing the filing fee in the Schedule of Fees
and Charges.
NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE Board of Aldermen of the Town
of Kernersville that:
1. Section 2-42 is hereby amended to read as follows:
“The filing fee for the office of Mayor shall be $20.00 and the filing fee for the office of
Alderman shall be $10.00 and shall be payable to the county Board of Elections which is
administering the Town election. These filing fees may be amended from time to time by the
Board of Aldermen subject to the limitations established by the North Carolina General Statutes
for such filing fees.”
2. This ordinance shall be effective upon adoption.
This the 27th day of June, 2017.
Page 177 of 183
8 MATTERS TO BE PRESENTED BY THE MAYOR, BOARD OF ALDERMEN.
Mayor Morgan wished everyone a Happy Fourth of July.
9 ADJOURNMENT.
Mayor Pro Tem Shifflette made a Motion to adjourn at 7:59 PM.
Alderman Neal seconded the motion.
The vote was 4-0 in favor of the motion
______________________________
Dawn H. Morgan, Mayor
Attest:
________________________
Keith Hooker, Town Clerk
I, Keith Hooker, Town Clerk of the Town of Kernersville, North Carolina, do hereby certify that
this is a true and correct copy of the minutes of the meeting duly held on June 27, 2017.
This the _____ day of ______________________, 2017.
________________________________________
Keith Hooker, Town Clerk
Page 178 of 183
ORDINANCE NO. O-2017-__
ORDINANCE DECLARING A ROAD CLOSURE
FOR KERNERSVILLE DOWNTOWN TRICK OR TREAT EVENT
WHEREAS, the Board of Aldermen of the Town of Kernersville acknowledges a long tradition
of providing an annual Downtown Trick or Treat Event for the pleasure of its citizens; and
WHEREAS, the Board of Aldermen of the Town of Kernersville acknowledges that this event
will require the use of a portion of Mountain Street and Main Street.
NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE BOARD OF ALDERMEN
OF THE TOWN OF KERNERSVILLE, NORTH CAROLINA, pursuant to the authority
granted by G.S. 20-169 that they do declare a temporary road closure during the day(s) and times
set forth below on the following described portion of the State Highway System route:
Date(s): October 31, 2017
Times: 6:00 PM – 8:30 PM
Route Description: Main Street from Railroad Street to Harmon Lane
Mountain Street from Cherry Street to Beard Street
This ordinance to become effective when signs are erected giving notice of the limits and times of
the Kernersville Downtown Trick or Treat Event of adequate traffic control to guide vehicles
around the event.
Adopted this 1st day of August, 2017.
_______________________
Dawn H. Morgan, Mayor
Attested to:
_________________________
Keith Hooker, Town Clerk
Page 179 of 183
ORDINANCE NO. O-2017-__
ORDINANCE DECLARING ROAD CLOSURE FOR
INVITATIONAL CROSS COUNTRY MEET AND STATE CROSS COUNTRY MEET
WHEREAS, the Board of Aldermen of the Town of Kernersville acknowledges the benefits of
hosting an Invitational Cross Country Meet and State Cross Country Meet at the Ivey M. Redmon
Sports Complex for the pleasure of its citizens; and
WHEREAS, the Board of Aldermen of the Town of Kernersville acknowledges that hosting these
events requires the use of or a portion of Shields Road in Kernersville, NC.
NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE BOARD OF ALDERMEN
OF THE TOWN OF KERNERSVILLE, NORTH CAROLINA, pursuant to the authority
granted by G.S. 20-169 that they do declare a temporary road closure during the day(s) and times
set forth below on the following described portion of the State Highway System route:
Date(s): Saturday, October 14, 2017 and Saturday, November 4, 2017
Times: 7:00 AM to 5:00 PM
Route Description: Shields Rd from Tredegar Rd and/or Highway 66 to Union Cross Rd
This ordinance to become effective when signs are erected giving notice of the limits and times of
the Invitational and State Cross Country Meets and implementation of adequate traffic control to
guide vehicles around the event.
Adopted this 1st day of August, 2017.
_____________________________
Dawn H. Morgan, Mayor
Attested to:
________________________
Keith Hooker, Town Clerk
Page 180 of 183
ORDINANCE NO. O-2017-__
ORDINANCE DECLARING A ROAD CLOSURE
FOR CHRISTMAS PARADE
WHEREAS, the Board of Aldermen of the Town of Kernersville acknowledges a long tradition
of providing an annual Christmas Parade for the pleasure of its citizens; and
WHEREAS, the Board of Aldermen of the Town of Kernersville acknowledges that this event
will require the use of a portion of Mountain Street, Pineview Street, and Harmon Lane.
NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE BOARD OF ALDERMEN
OF THE TOWN OF KERNERSVILLE, NORTH CAROLINA, pursuant to the authority
granted by G.S. 20-169 that they do declare a temporary road closure during the day(s) and times
set forth below on the following described portion of the State Highway System route:
Date(s): December 3, 2017
Times: Parade Assembly: 12:00 PM – 4:30 PM
Parade Route: 1:45 PM – 5:00 PM
Route Description: Parade Assembly: Pineview Street from NC 66 to Salisbury Street
Davis Street at Harmon Lane
Parade Route: Mountain Street from E. Bodenhamer (NC 66) to
W. Bodenhamer (NC 66)
This ordinance to become effective when signs are erected giving notice of the limits and times of
the Christmas Parade and implementation of adequate traffic control to guide vehicles around the
event.
Adopted this 1st day of August, 2017.
_______________________
Dawn H. Morgan, Mayor
Attested to:
_________________________
Keith Hooker, Town Clerk
Page 181 of 183
Memorandum
To: Curtis L. Swisher, Town Manager
From: T. R. Summers, Chief of Police
Date: July 19, 2017
Subject: Governor’s Highway Safety Program
Forsyth County DWI Task Force Expansion
Third year funding has been approved for the Forsyth County DWI Task Force Expansion Grant with the
Governor’s Highway Safety Program. While year one was paid at 100% for personnel and equipment,
year two was an 85/15% match, and year three would be 70/30% match.
The third year grant in the amount of $75,200 requires a match of $22,560 from the Town.
This grant position has been an extreme success. Below are the stats for the first six months of 2017:
January 2017 – June 2017 Officer Sam Johnson
Value of Drugs Seized: $1,520.00
Value of Weapons Seized: $1400.00
Traffic Safety Presentations Completed: 10
Vehicle Stops: 255
DWI Related Arrest/Charges: 79
Vehicles Seized as a result of DWI: 5 ($23,000.00)
Criminal/Traffic Related Charges (Not including DWI): 299
Arrest:82
Attachment: Resolution for approval
Page 182 of 183
RESOLUTION NO. R-2017-__
North Carolina Governor’s Highway Safety Program
LOCAL GOVERNMENTAL RESOLUTION
WHEREAS, the Kernersville Police Department (herein called the
“Agency") (The Applicant Agency)
has completed an application contract for traffic safety funding; and that Town of Kernersville Board of Aldermen (The Governing Body of the Agency)
(herein called the "Governing Body”) has thoroughly considered the problem identified and has reviewed the
project as described in the contract;
THEREFORE, NOW BE IT RESOLVED BY THE Town of Kernersville Board of Aldermen IN OPEN (Governing Body)
MEETING ASSEMBLED IN THE CITY OF Kernersville , NORTH CAROLINA,
THIS ___ DAY OF August, 2017, AS FOLLOWS:
1. That the project referenced above is in the best interest of the Governing Body and the general public; and
2. That T. R. Summers, Chief of Police is authorized to file, on behalf of the Governing (Name and Title of Representative)
Body, an application contract in the form prescribed by the Governor’s Highway Safety Program for federal
funding in the amount of $ 52,640.00 (Federal Dollar Request)
to be made to the Governing Body to assist in defraying
the cost of the project described in the contract application; and
3. That the Governing Body has formally appropriated the cash contribution of $22,560.00 as (Local Cash Appropriation)
required by the project contract; and
4. That the Project Director designated in the application contract shall furnish or make arrangement for other
appropriate persons to furnish such information, data, documents and reports as required by the contract, if
approved, or as may be required by the Governor's Highway Safety Program; and
5. That certified copies of this resolution be included as part of the contract referenced above; and
6. That this resolution shall take effect immediately upon its adoption.