Top Banner
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

Regular Meeting Of The Board Of Aldermen - Kernersville

Mar 24, 2023

Download

Documents

Khang Minh
Welcome message from author
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
Page 1: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 2: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 3: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 4: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 5: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 6: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 7: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 8: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 9: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 10: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 11: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 12: Regular Meeting Of The Board Of Aldermen - Kernersville

(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

Page 13: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 14: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 15: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 16: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 17: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 18: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 19: Regular Meeting Of The Board Of Aldermen - Kernersville

'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

Page 20: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 21: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 22: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 23: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 24: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 25: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 26: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 27: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 28: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 29: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 30: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 31: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 32: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 33: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 34: Regular Meeting Of The Board Of Aldermen - Kernersville

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: Regular Meeting Of The Board Of Aldermen - Kernersville

Page 35 of 183

Page 36: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 37: Regular Meeting Of The Board Of Aldermen - Kernersville

2

Page 37 of 183

Page 38: Regular Meeting Of The Board Of Aldermen - Kernersville

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.

Page 38 of 183

Page 39: Regular Meeting Of The Board Of Aldermen - Kernersville

2016 Annual Report

Growth & Traffic Data

Town of Kernersville

Community Development Department

Page 39 of 183

Page 40: Regular Meeting Of The Board Of Aldermen - Kernersville

Town of Kernersville

Growth & Traffic DataTable of Contents

Introduction ........................................................................................................................................................... 2

United States Census ............................................................................................................................................. 3

Kernersville Growth Data....................................................................................................................................... 7

Building Permit Data .............................................................................................................................................. 8

Business Summary – Area Study .......................................................................................................................... 13

Business Summary – Kernersville ......................................................................................................................... 14

Previous Projections ............................................................................................................................................ 14

Economy .............................................................................................................................................................. 15

Infrastructure ...................................................................................................................................................... 16

Housing Supply and Demand Trend ..................................................................................................................... 16

2015 to 2025 New Housing Start Projections ....................................................................................................... 21

2015 to 2025 Housing and Population Projections ............................................................................................... 26

2015 to 2025 Commercial, Industrial & Office and Institutional ........................................................................... 27

US Department of Transportation Traffic Trends……………………………………………………………………………………………..

............................................................................................................................................................................ 32

Traffic Data - NCDOT 2015 Traffic Counts and Historic Counts ............................................................................. 34

Page 40 of 183

Page 41: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 42: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 43: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 44: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 45: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 46: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 47: Regular Meeting Of The Board Of Aldermen - Kernersville

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.

0

50

100

150

200

250

300

350

400

1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016

Detached SF 103 115 119 171 191 202 192 209 173 138 103 66 74 33 41 31 21 37 31 42 110

Attached SF 18 4 49 33 53 36 103 82 99 103 87 27 3 4 6 6 15 22 6 28 14

Apartments 8 0 289 396 0 72 0 0 158 32 0 291 0 0 0 6 6 0 0 300 305

Res

iden

tial

Per

mit

s Is

sued

Sin

gle

Fam

ily /

Mu

lti-

Fam

ily /

A

par

tmen

ts19

96 -

2016

0

5

10

15

20

25

30

35

1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016

Commercial 8 10 14 11 11 11 4 6 8 9 6 6 2 3 7 8 6 9 1 3 31

Institutional 1 1 4 1 4 2 5 0 0 0 1 0 1 2 0 1 0 0 1 2 2

Office/Industrial 6 4 11 12 11 8 3 5 5 4 5 13 10 1 3 6 1 3 13 11 1

No

n-R

esid

enti

al P

erm

its

Issu

edC

om

mer

cial

/ In

du

stri

al /

Off

ice

-In

du

stri

al19

96 -

2016

Page 47 of 183

Page 48: Regular Meeting Of The Board Of Aldermen - Kernersville

KERNERSVILLE GROWTH & TRAFFIC DATA: 2016 9

Graph 2-1 Detached Single Family Residential Units

1996-2016

103115 119

171

191202

192

209

173

138

103

6674

3341

3121

3731

42

110

1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016

Graph 2-2 Attached Single Family Residential Units

1996-2016

18

4

49

33

53

36

103

82

99103

87

27

3 4 6 6

15

22

6

28

14

1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016

Page 48 of 183

Page 49: Regular Meeting Of The Board Of Aldermen - Kernersville

KERNERSVILLE GROWTH & TRAFFIC DATA: 2016 10

Graph 2-4 Commercial Square Footage

1996-2016

Graph 2-3 Multi-family Units

1996-2016

8 0

289

396

0

72

0 0

158

32

0

291

0 0 0 6 6 0 0

300 305

0

50

100

150

200

250

300

350

400

450

1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016

86,645

153,599

436,726

262,995

302,989

125,906

46,351 38,978

94,588

301,179

28,952 23,280

106,809

13,0415,338

22,65720,594

72,679

3,65220,645

150,849

1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016

COMMERCIAL SQUARE FOOTAGE1996-2016

Page 49 of 183

Page 50: Regular Meeting Of The Board Of Aldermen - Kernersville

KERNERSVILLE GROWTH & TRAFFIC DATA: 2016 11

8,700

113,211

30,32042,200

416,211

130,738

0 0 0

39,588

0

42,888

329,000

0 3,145 0 0

44,348

1,3442385

158,575

1996

1997

1998

1999

2000

2001

2002

2003

2004

2005

2006

2007

2008

2009

2010

2011

2012

2013

2014

2015

2016

48,562

325,252

455,863

97,12061,295

26,80368,048

81,994

65,363 44,384

446,052

86,541

6,000

96,03150,065

25,500

85,847

935,166

346,553

3,780

130,022

1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016

Graph 2-5 Institutional Square Footage

1996-2016

Graph 2-6 Office/Industrial Square Footage

1996-2016

Page 50 of 183

Page 51: Regular Meeting Of The Board Of Aldermen - Kernersville

KERNERSVILLE GROWTH & TRAFFIC DATA: 2016 12

Source: ESRI Online Copyright 2016.

Table 2-1 State Population Estimates Year Population Change % Change

1990 11,860

1991 12,094 234 2%

1992 12,183 89 1%

1993 12,504 321 3%

1994 12,816 312 2%

1995 13,156 340 3%

1996 13,377 221 2%

1997 13,747 370 3%

1998* 15,790 2,043 15%

1999 15,825 35 >1%

2000* 19,008 3,183 20%

2001 19,361 353 2%

2002 19,860 499 3%

2003 20,494 634 3%

2004 20,770 276 1%

2005 21,277 507 2%

2006 21,661 384 2%

2007 22,036 375 2%

2008 22,368 332 2%

2009 22,997 629 3%

2010 23,199 202 1%

2011 23,782 583 3%

2012 23,823 41 >1%

2013 24,025 202 1%

2014 24,177 152 1%

2015 24,211 34 >1%

*Note: The large increases shown in 1998 and 2000 included annexations

State Demographics 1990 – 2015

Page 51 of 183

Page 52: Regular Meeting Of The Board Of Aldermen - Kernersville

KERNERSVILLE GROWTH & TRAFFIC DATA: 2016 13

Business Summary – Area Comparison

Source: ESRI Online Copyright 2016.

BUSINESS SUMMARY

Data for all businesses in area Kernersville High Point Winston-Salem Greensboro

Total Businesses: 1,625 5,103 10,103 14,335

Total Employees: 18,235 74,409 162,741 209,856

Total Residential Population: 24,306 109,517 241,804 282,215

Employee/Residential Population Ratio: 0.75:1 0.68:1 0.67:1 0.74:1

Economic Data

Agriculture &Mining

Construction Manufacturing Transportation Communication

Utility WholesaleTrade

Retail Trade Finance,Insurance, Real

Estate

Services Government UnclassifiedEstablishments

Kernersville 1.7% 7.7% 3.9% 3.1% 0.9% 0.2% 4.7% 22.7% 11.8% 37.7% 2.5% 3.1%

Greensboro 1.3% 5.6% 3.5% 2.4% 1.2% 0.2% 4.2% 21.9% 12.8% 40.3% 2.8% 3.9%

High Point 1.3% 5.8% 7.6% 2.3% 1.0% 0.1% 6.2% 22.0% 10.1% 37.6% 1.9% 4.0%

Winston-Salem 1.6% 5.9% 2.9% 2.0% 1.1% 0.2% 2.9% 21.9% 12.8% 42.7% 2.4% 3.6%

ESTABLISHMENTS BY SIC CODES

Agriculture &Mining

Construction Manufacturing Transportation Communication Utility Wholesale Trade Retail TradeFinance,

Insurance, RealEstate

Services Government Unclassified

Kernersville 1.0% 6.6% 15.6% 7.7% 0.5% 0.2% 3.2% 23.9% 4.6% 31.4% 5.5% 0.0%

Greensboro 0.7% 3.5% 10.5% 2.4% 1.6% 0.2% 6.9% 22.2% 6.9% 38.0% 6.6% 0.5%

High Point 0.4% 3.3% 22.6% 2.1% 1.6% 0.1% 7.5% 19.8% 4.2% 35.4% 2.9% 0.2%

Winston-Salem 0.5% 2.9% 9.6% 1.6% 0.7% 0.3% 2.9% 19.9% 5.7% 52.2% 3.6% 0.2%

EMPLOYEES BY SIC CODES

Page 52 of 183

Page 53: Regular Meeting Of The Board Of Aldermen - Kernersville

KERNERSVILLE GROWTH & TRAFFIC DATA: 2016 14

Business Summary – Kernersville

Kernersville

by SIC Code Establishments Employees

Number Percent Number Percent

Agriculture &

Mining 28 1.7% 177 1.0%

Construction 125 7.7% 1,198 6.6%

Manufacturing 63 3.9% 2,836 15.6%

Transportation 50 3.1% 1,405 7.7%

Communication 15 0.9% 86 0.5%

Utility 3 0.2% 31 0.2%

Wholesale Trade 77 4.7% 575 3.2%

Retail Trade 369 22.7% 4,350 23.9%

Finance,

Insurance, Real

Estate 191 11.8% 847 4.6%

Services 612 37.7% 5,720 31.4%

Government 41 2.5% 1,003 5.5%

Unclassified

Establishments 51 3.1% 7 0.0%

Totals 1,625 100% 18,235 100%

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

Page 54: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 55: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 56: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 57: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 58: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 59: Regular Meeting Of The Board Of Aldermen - Kernersville

KERNERSVILLE GROWTH & TRAFFIC DATA: 2016 20

Page 59 of 183

Page 60: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 61: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 62: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 63: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 64: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 65: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 66: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 67: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 68: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 69: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 70: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 71: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 72: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 72 of 183

Page 73: Regular Meeting Of The Board Of Aldermen - Kernersville

KERNERSVILLE GROWTH & TRAFFIC DATA: 2016 34

Traffic Data - NCDOT 2015 Traffic Counts

Page 73 of 183

Page 74: Regular Meeting Of The Board Of Aldermen - Kernersville

KERNERSVILLE GROWTH & TRAFFIC DATA: 2016 35

5-1

Central

Area

Traffic

Data

NCDOT

Traffic

Counts

FID LOCATION 2003 2005 2007 2009 2011 2013 2015 # GROWTH % GROWTH

0 MAIN ST @ MASTEN DR 17,000 20,000 19,000 19,000 20,000 26,000 26,000 9,000 53%

1 BUSINESS 40 42,000 51,000 49,000 51,000 51,000 50,000 8,000 19%

2 NC66 @ TULANE DR 25,000 24,000 25,000 22,000 24,000 22,000 23,000 -2,000 -8%

3 MAIN ST @ B-40 35,000 29,000 36,000 34,000 36,000 32,000 32,000 -3,000 -9%

4 MAIN ST @ PINEVIEW DR 13,000 13,000 15,000 13,000 15,000 14,000 13,000 0 0%

5 MOUNTAIN ST @ S MAIN ST 12,000 12,000 12,000 11,000 10,000 10,000 11,000 -1,000 -8%

6 MAIN ST @ GRALIN 15,000 18,000 15,000 16,000 16,000 16,000 15,000 0 0%

7 MOUNTAIN ST @ W BODENHAMER ST 13,000 16,000 15,000 13,000 13,000 14,000 13,000 0 0%

8 MOUNTAIN ST @ MOORE ACRES ST 12,000 13,000 13,000 11,000 12,000 12,000 11,000 -1,000 -8%

9 INDUSTRIAL PARK DR @ NC66 3,800 3,500 3,200 3,100 3,700 5,500 3,000 -800 -21%

10 NC66 @ PINEVIEW DR 28,000 31,000 31,000 28,000 29,000 30,000 30,000 2,000 7%

11 BODENHAMER ST @ TRENT ST 19,000 22,000 20,000 18,000 18,000 18,000 17,000 -2,000 -11%

12 SALISBURY ST @ DEWEY ST 9,700 11,000 10,000 9,600 9,700 9,400 9,100 -600 -6%

13 BODENHAMER ST 7,500 9,500 8,300 7,700 7,700 7,100 6,500 -1,000 -13%

14 MOUNTAIN ST S OF CHERRY ST 8,900 9,100 9,100 7,900 7,900 7,600 7,400 -1,500 -17%

15 MAIN ST @ CHERRY ST 27,000 26,000 28,000 26,000 24,000 25,000 24,000 -3,000 -11%

16 CHERRY ST @ CHERRY COVE DR 14,000 13,000 12,000 13,000 13,000 12,000 12,000 -2,000 -14%

17 CHERRY ST N OF MOUNTAIN 9,100 8,700 7,800 8,300 8,700 7,900 7,800 -1,300 -14%

18 MAIN ST N OF HUGH ST 11,000 11,000 11,000 10,000 11,000 11,000 8,100 -2,900 -26%

19 MAIN ST @ KING ST 22,000 22,000 22,000 20,000 20,000 22,000 18,000 -4,000 -18%

20 CHERRY ST N OF NC 66 8,800 9,000 8,000 8,100 8,100 8,800 7,600 -1,200 -14%

21 PINEY GROVE N OF NELSON ST 13,000 16,000 15,000 14,000 13,000 19,000 13,000 0 0%

22 OLD WINSTON RD W OF CHERRY ST 12,000 19,000 14,000 15,000 14,000 14,000 2,000 17%

23 BODENHAMER E OF CHERRY ST 12,000 15,000 13,000 11,000 12,000 8,400 11,000 -1,000 -8%

24 SALISBURY ST S OF MAIN ST 7,400 7,500 7,300 6,900 7,100 6,500 6,000 -1,400 -19%

25 MOUNTAIN ST E OF GRAVES ST 7,800 8,000 9,100 8,600 6,900 8,200 9,600 1,800 23%

Page 74 of 183

Page 75: Regular Meeting Of The Board Of Aldermen - Kernersville

KERNERSVILLE GROWTH & TRAFFIC DATA: 2016 36

5-2

Northern

Area

Traffic

Data

NCDOT

Traffic

Counts

FID LOCATION 2003 2005 2007 2009 2011 2013 2015 # GROWTH % GROWTH

0 MAIN ST W OF GRALIN ST 15,000 18,000 15,000 16,000 16,000 16,000 15,000 0 0%

1 MOUNTAIN ST N OF BODENHAMER 13,000 16,000 15,000 13,000 13,000 14,000 13,000 0 0%

2 MOUNTAIN ST E OF MOORE ACRES ST 12,000 13,000 13,000 11,000 12,000 12,000 11,000 -1,000 -8%

3 MAIN ST N OF COUNTY LINE RD 11,000 12,000 12,000 12,000 12,000 12,000 11,000 0 0%

4 DOBSON ST S OF LINVILLE SPRINGS RD 8,300 9,500 8,500 7,900 7,600 7,600 -700 -8%

5 BODENHAMER ST W OF MOUNTAIN ST 7,500 9,500 8,300 7,700 7,700 7,100 6,500 -1,000 -13%

6 PINEY GROVE RD N OF NELSON ST 13,000 16,000 15,000 14,000 13,000 19,000 13,000 0 0%

7 PERRY RD N OF MOUNTAIN ST 150 130 70 350 140 -10 -7%

8 KERNER RD N OF DOBSON ST 6,900 7,400 7,000 6,600 6,300 5,500 6,100 -800 -12%

9 OLD VALLEY SCHOOL RD W OF DOBSON ST 3,300 4,200 3,400 3,300 3,300 2,900 2,900 -400 -12%

10 LINVILLE SPRINGS RD E OF DOBSON ST 3,800 4,100 3,900 3,800 3,800 3,200 -600 -16%

11 PINEY GROVE RD N OF LINVILLE SPRINGS 7,300 10,000 10,000 9,700 9,300 8,900 1,600 22%

12 FLYNNWOOD RD N OF MAIN ST 2,100 2,000 1,800 1,800 1,800 1,600 1,600 -500 -24%

13 COUNTY LINE RD E OF MAIN ST 2,900 3,200 3,100 2,700 2,700 2,100 2,500 -400 -14%

14 SMITH EDWARDS RD E OF MAIN ST 490 670 530 570 470 360 -130 -27%

15 BODENHAMER ST W OF CHERRY ST 12,000 15,000 13,000 11,000 12,000 8,400 11,000 -1,000 -8%

Page 75 of 183

Page 76: Regular Meeting Of The Board Of Aldermen - Kernersville

KERNERSVILLE GROWTH & TRAFFIC DATA: 2016 37

5-3

Eastern

Area

Traffic

Data

NCDOT

Traffic

Counts

FID LOCATION 2003 2005 2007 2009 2011 2013 2015 # GROWTH % GROWTH

0 BUNKER HILL RD N OF MARKET ST 2,500 2,400 3,000 3,000 3,200 3,700 1,200 48%

1 BUNKER HILL RD S OF MARKET ST 1,100 930 1,200 1,100 1,300 1,200 1,400 300 27%

2 MARKET ST E OF PRATT RD 9,000 9,300 7,800 7,000 9,700 700 8%

3 MOUNTAIN ST E OF LAKEVIEW DR 10,000 9,400 8,200 7,300 7,100 6,800 5,500 -4,500 -45%

4 NC66 S OF TULANE DR 25,000 24,000 25,000 22,000 24,000 22,000 23,000 -2,000 -8%

5 MOUNTAIN ST E OF GRAVES ST 11,000 10,000 9,400 8,400 8,000 7,800 -3,200 -29%

6 MOUNTAIN ST W OF GRAVES ST 12,000 11,000 9,400 6,600 5,200 -6,800 -57%

7 NC66 S OF SHIELDS RD 24,000 26,000 26,000 20,000 23,000 25,000 25,000 1,000 4%

8 NC66 N OF PARK CENTRE DR 22,000 24,000 24,000 20,000 22,000 26,000 22,000 0 0%

9 SOUTH PARK DR W OF NC 66 4,500 4,000 3,400 3,000 2,700 4,300 3,600 -900 -20%

10 INDUSTRIAL PARK DR E OF NC 66 3,800 3,500 3,200 3,100 3,700 5,500 3,000 -800 -21%

11 NC66 N OF MOUNTAIN 28,000 31,000 31,000 28,000 29,000 30,000 30,000 2,000 7%

12 BODENHAMER N OF TRENT ST 19,000 22,000 20,000 18,000 18,000 18,000 17,000 -2,000 -11%

13 TWIN CREEK RD N OF STEEN RD 240 250 240 260 260 360 250 10 4%

14 MOUNTAIN ST E OF NC66 7,800 8,000 9,100 8,600 6,900 8,200 9,600 1,800 23%

15 MACY GROVE RD N OF INDUSTRIAL PARK DR 2,600 2,500 2,500 2,500 2,600 5,000 4,400 1,800 69%

16 MACY GROVE RD S OF INDUSTRIAL PARK DR 1,700 1,500 1,500 1,800 2,500 3,300 2,600 900 53%

17 MACY GROVE RD W OF KERNERSVILLE MEDICAL PKWY 1,000 930 920 1,200 1,100 1,200 1,400 400 40%

18 BROOKFORD RD E OF NC 66 2,200 2,300 1,900 1,700 1,500 1,500 -700 -32%

19 SHIELDS RD W OF NC 66 4,500 5,200 5,300 4,900 5,100 6,900 7,100 2,600 58%

20 INTERSTATE-40 50,000 57,000 61,000 58,000 59,000 60,000 55,000 5,000 10%

21 BUSINESS-40 49,000 48,000 51,000 50,000 52,000 3,000 6%

Page 76 of 183

Page 77: Regular Meeting Of The Board Of Aldermen - Kernersville

KERNERSVILLE GROWTH & TRAFFIC DATA: 2016 38

5-4

Southern

Area

Traffic

Data -

NCDOT

Traffic

Counts

FID LOCATION 2003 2005 2007 2009 2011 2013 2015 # GROWTH % GROWTH

0 HIGH POINT RD E OF UNION CROSS RD 5,600 4,900 6,000 4,000 5,900 5,000 5,300 -300 -5%

1 HIGH POINT RD N OF US 311 3,300 3,600 4,200 3,600 4,300 3,700 4,100 800 24%

2 NC66 S OF WATKINS FORD RD 8,700 9,700 9,500 8,600 9,100 11,000 11,000 2,300 26%

3 NC66 N OF OLD SALEM RD 13,000 14,000 15,000 12,000 13,000 16,000 15,000 2,000 15%

4 NC66 N OF US 311 9,300 10,000 10,000 9,300 9,700 12,000 11,000 1,700 18%

5 US311 W OF NC66 20,000 22,000 23,000 21,000 26,000 24,000 29,000 9,000 45%

6 US311 W OF UNION CROSS RD 21,000 23,000 24,000 22,000 25,000 24,000 27,000 6,000 29%

7 NC66 S OF OGDEN SCHOOL RD 9,200 11,000 10,000 9,200 9,600 12,000 12,000 2,800 30%

8 NC66 S OF BUNKER HILL RD 9,600 11,000 11,000 9,800 10,000 12,000 11,000 1,400 15%

9 UNION CROSS RD N OF OLD SALEM RD 11,000 12,000 12,000 12,000 11,000 14,000 3,000 27%

10 SEDGE GARDEN RD W OF UNION CROSS RD 8,900 8,800 9,100 9,600 9,800 9,700 800 9%

11 UNION CROSS RD S OF OLD SALEM RD 15,000 15,000 15,000 15,000 15,000 15,000 0 0%

12 HEDGECOCK RD E OF UNION CROSS RD 770 690 670 550 690 710 550 -220 -29%

13 HEDGECOCK RD W OF TEAGUE LN 710 600 590 500 580 620 560 -150 -21%

14 WATKINS FORD RD E OF HIGH POINT RD 1,200 1,700 1,500 1,400 1,200 1,400 2,100 900 75%

15 TEAGUE LN N OF WATKINS FORD RD 810 1,100 970 940 810 910 2,700 1,890 233%

16 WATKINS FORD RD W OF NC 66 1,500 1,900 1,700 1,500 1,500 1,600 2,000 500 33%

17 NC66 S OF SHIELDS RD 24,000 26,000 26,000 20,000 23,000 25,000 25,000 1,000 4%

18 NC66 N OF PARK CENTRE DR 22,000 24,000 24,000 20,000 22,000 26,000 22,000 0 0%

19 OGDEN SCHOOL RD E OF TEAGUE LN 410 400 430 350 420 390 410 0 0%

20 MACY GROVE RD N OF KERNERSVILLE MEDICAL PKWY 1,700 1,500 1,500 1,800 2,500 3,300 2,600 900 53%

21 MACY GROVE RD W OF KERNERSVILLE MEDICAL PKWY1,000 930 920 1,200 1,100 1,200 1,400 400 40%

22 BUNKER HILL RD E OF NC66 3,000 2,700 2,800 2,400 2,500 2,700 2,500 -500 -17%

23 BROOKFORD RD N OF BUNKER-HILL SANDY RIDGE RD 580 490 510 450 400 420 400 -180 -31%

24 OLD SALEM RD W OF NC66 3,100 2,300 2,800 2,900 3,700 3,900 4,100 1,000 32%

25 BROOKFORD RD E OF NC 66 2,200 2,300 1,900 1,700 1,500 1,500 -700 -32%

26 SHIELDS RD W OF NC66 4,500 5,200 5,300 4,900 5,100 6,900 7,100 2,600 58%

27 SHIELDS RD E OF UNION CROSS RD 5,900 6,300 6,300 6,100 6,100 7,000 6,900 1,000 17%

28 WHICKER RD W OF UNION CROSS RD 6,600 7,000 7,800 6,500 6,200 6,300 5,900 -700 -11%

29 UNION CROSS RD S OF SHIELDS RD 12,000 13,000 14,000 12,000 13,000 13,000 12,000 0 0%

30 GLENNWOOD RD W OF UNION CROSS RD 1,600 1,400 1,600 1,500 1,700 1,900 1,900 300 19%

31 TEAGUE LN S OF OLD SALEM RD 2,000 1,800 2,100 2,100 3,300 3,100 3,400 1,400 70%

32 GLENNWOOD RD N OF OLD SALEM RD 1,500 1,400 1,700 1,500 1,800 2,000 2,000 500 33%

33 OLD SALEM RD W OF UNION CROSS RD 3,500 2,900 3,600 3,700 4,300 4,600 4,600 1,100 31%

34 NC66 N OF PAYNE RD 8,000 8,400 8,500 7,500 7,900 9,900 9,300 1,300 16%

35 INTERSTATE 40 FROM EXIT 201 TO EXIT 203 54,000 59,000 62,000 58,000 61,000 62,000 57,000 3,000 6%

36 INTERSTATE 40 FROM EXIT 203 TO EXIT 206 50,000 57,000 61,000 58,000 59,000 60,000 55,000 5,000 10%

Page 77 of 183

Page 78: Regular Meeting Of The Board Of Aldermen - Kernersville

KERNERSVILLE GROWTH & TRAFFIC DATA: 2016 39

5-5

Western

Area

Traffic

Data -

NCDOT

Traffic

Counts

FID LOCATION 2003 2005 2007 2009 2011 2013 2015 # GROWTH % GROWTH

0 HASTINGS HILL S OF MOUNTAIN ST 4,100 5,300 5,200 5,200 5,100 5,100 5,800 1,700 41%

1 KERNERSVILLE RD W OF SEDGE GARDEN RD 12,000 13,000 13,000 12,000 13,000 12,000 11,000 -1,000 -8%

2 LINVILLE RD N OF KERNERSVILLE RD 5,900 6,100 7,500 7,000 6,700 6,800 7,500 1,600 27%

3 KERNERSVILLE RD W OF HASTINGS HILL 11,000 13,000 12,000 12,000 12,000 11,000 12,000 1,000 9%

4 KERNERSVILLE RD E OF HASTINGS HILL 16,000 18,000 18,000 17,000 18,000 17,000 17,000 1,000 6%

5 MAIN ST S OF I-40 BUS 17,000 20,000 19,000 19,000 20,000 26,000 26,000 9,000 53%

6 MAIN ST N OF I-40 BUS 35,000 29,000 36,000 34,000 36,000 32,000 32,000 -3,000 -9%

7 B-40 FROM EXIT 10 TO EXIT 14 47,000 45,000 47,000 48,000 47,000 0 0%

8 MOUNTAIN ST W OF STANLEY FARM DR 14,000 13,000 13,000 11,000 12,000 12,000 10,000 -4,000 -29%

9 MOUNTAIN ST E OF MOORE ACRES ST 12,000 13,000 13,000 11,000 12,000 12,000 11,000 -1,000 -8%

10 NC66 N OF MOUNTAIN ST 12,000 13,000 13,000 12,000 13,000 14,000 13,000 1,000 8%

11 KERNERSVILLE RD W OF OAK GROVE RD 13,000 14,000 15,000 14,000 14,000 13,000 14,000 1,000 8%

12 KERNERSVILLE RD W OF LINVILLE RD 10,000 12,000 12,000 11,000 12,000 11,000 12,000 2,000 20%

13 HASTINGS HILL S OF KERNERSVILLE RD 3,400 4,100 4,200 4,200 4,300 4,100 3,800 400 12%

14 HASTINGS HILL N OF KERNERSVILLE RD 4,700 5,700 5,500 5,500 5,500 5,200 4,900 200 4%

15 SEDGE GARDEN S OF KERNERSVILLE RD 4,400 4,100 5,100 5,000 5,000 4,800 5,300 900 20%

16 SEDGE GARDEN S OF HASTINGS HILL 1,500 1,600 1,900 1,900 2,100 2,100 2,400 900 60%

17 HASTINGS HILL W OF SEDGE GARDEN 5,500 5,500 6,300 6,100 6,300 6,300 6,600 1,100 20%

18 WALKERTOWN-GUTHRIE N OF MOUNTAIN ST 3,900 4,600 4,100 4,100 3,900 3,700 3,600 -300 -8%

19 MOUNTAIN ST W OF HOPKINS RD 9,000 9,400 9,400 9,100 9,200 8,900 9,900 900 10%

20 HOPKINS RD S OF SUTTER LN 7,600 9,100 9,100 9,100 9,100 9,100 9,000 1,400 18%

21 OLD WINSTON RD W OF CHERRY ST 12,000 19,000 14,000 15,000 14,000 14,000 2,000 17%

22 OAK GROVE S OF KERNERSVILLE RD 2,800 3,100 3,700 3,700 3,700 3,500 4,300 1,500 54%

23 MOUNTAIN ST E OF HASTING HILL RD 8,400 10,000 9,800 9,400 9,500 9,000 10,000 1,600 19%

24 HASTINGS HILL S OF MOUNTAIN ST 3,600 4,600 6,100 5,900 5,800 5,700 6,400 2,800 78%

25 MOUNTAIN ST E OF WALKERTOWN-GUTHRIE RD 9,800 11,000 11,000 10,000 10,000 10,000 11,000 1,200 12%

26 WALKERTOWN-GUTHRIE N OF MOUNTAIN 4,100 4,400 3,900 3,800 3,600 3,400 3,800 -300 -7%

Page 78 of 183

Page 79: Regular Meeting Of The Board Of Aldermen - Kernersville

KERNERSVILLE GROWTH & TRAFFIC DATA: 2016 40

5-6

Interstates

Traffic

Data -

NCDOT

Traffic

Counts

FID LOCATION 2003 2005 2007 2009 2011 2013 2015 # GROWTH % GROWTH

0 I-40 FROM EXIT 208 TO EXIT 210 80,000 94,000 105,000 101,000 107,000 108,000 105,000 25,000 31%

1 I-40 FROM EXIT 206 TO EXIT 208 86,000 98,000 108,000 105,000 109,000 109,000 107,000 21,000 24%

2 B-40 FROM EXIT 7 TO EXIT 8 70,000 69,000 70,000 72,000 73,000 3,000 4%

3 B-40 FROM EXIT 8 TO EXIT 10 51,000 50,000 51,000 52,000 52,000 1,000 2%

4 B-40 FROM EXIT 14 TO EXIT 15-16 42,000 51,000 49,000 51,000 51,000 50,000 8,000 19%

5 B-40 FROM EXIT 10 TO EXIT 14 47,000 45,000 47,000 48,000 47,000 0 0%

6 I-74 N OF SR 2643 19,000 21,000 22,000 19,000 21,000 25,000 27,000 8,000 42%

7 I-74 W OF NC 66 20,000 22,000 23,000 21,000 26,000 24,000 29,000 9,000 45%

8 I-74 E OF NC 66 22,000 24,000 25,000 24,000 25,000 28,000 34,000 12,000 55%

9 I-74 W OF UNION CROSS 21,000 23,000 24,000 22,000 25,000 24,000 27,000 6,000 29%

10 I-74 E OF I-40 22,000 24,000 25,000 23,000 25,000 29,000 32,000 10,000 45%

11 I-40 FROM EXIT 196 TO EXIT 201 54,000 58,000 57,000 54,000 57,000 59,000 52,000 -2,000 -4%

12 I-40 FROM EXIT 201 TO EXIT 203 54,000 59,000 62,000 58,000 61,000 62,000 57,000 3,000 6%

13 I-40 FROM EXIT 203 TO EXIT 206 50,000 57,000 61,000 58,000 59,000 60,000 55,000 5,000 10%

14 I-40 FROM EXIT 195 TO EXIT 196 78,000 81,000 82,000 81,000 82,000 89,000 86,000 8,000 10%

15 B-40 FROM EXIT 15-16 TO I-40 49,000 48,000 51,000 50,000 52,000 3,000 6%

Page 79 of 183

Page 80: Regular Meeting Of The Board Of Aldermen - Kernersville

KERNERSVILLE GROWTH & TRAFFIC DATA: 2016 41

Page 80 of 183

Page 81: Regular Meeting Of The Board Of Aldermen - Kernersville

KERNERSVILLE GROWTH & TRAFFIC DATA: 2016 42

Town of Kernersville Community Development Department

134 East Mountain Street

Kernersville, North Carolina 27284

336.996.7166 www.toknc.com

Page 81 of 183

Page 82: Regular Meeting Of The Board Of Aldermen - Kernersville

Community Development Department

Development - Planning - Engineering - Economics

Transportation - GIS - Zoning - Building Permits

Watershed - Code Enforcement - Inspections - Surveying

TOWN OF KERNERSVILLE

Memo

To: Board of Aldermen

From: Jeff Hatling, AICP

Community Development Director

Date: June 6, 2017

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

Page 83: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 84: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 85: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 86: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 87: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 88: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 89: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 90: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 91: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 92: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 93: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 94: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 95: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 96: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 97: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 98: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 99: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 100: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 101: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 102: Regular Meeting Of The Board Of Aldermen - Kernersville

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.

Insurance and Bonds 99 22,753Capital Outlay - Equipment 232,680 232,680Total 0 232,779

Stormwater Fund Revenues Decrease Increase New Approp.

Fund Balance Appropriated 232,779 501,063Total 0 232,779

PW Facility CPO Fund Expenditures Decrease Increase New Approp.

Lease Purchase Expense 441,100 664,244Total 0 441,100

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

Page 103: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 104: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 105: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 106: Regular Meeting Of The Board Of Aldermen - Kernersville

Kernersville Fire Rescue Station No. 42 Bid-Tab

Kernersville, NC

Bid Tabulation Form - General Construction - Single Prime

Tuesday, July 25, 2017 at 2:00 pm

ADW Project #16059

Base Bid

Amount

Alt. #1

Additional

Vehicle

Exhaust Rails

Alt. #2

Operable Wall

Alt. #3

2" Thick

Acoustical

Spray

Insulation

Alt. #4

Metal Framed

Skylight

System

Alt. #5

Air

Compressor

and Piping

Alt. #6

Fluid Applied

Air and Water

Barrier

Alt. #7

Natural Gas

Generator

Alt. #8

Stamped

Colored

Concrete at

Entry

Alt. #9

Site Lighting

Alt. #10

Bi-parting

doors by Door

Engineering

Total

Base Bid and

Alternates 1-8 &

10

PlumbingPiedmont Performance

Plumbing

Mechanical Indicor

Electrical Abco South

PlumbingPiedmont Performance

Plumbing

Mechanical Indicor

ElectricalAbco South/Central

Carolina Electric

Plumbing John Baker Plumbing

Mechanical Granite City

Electrical Central Carolina Electric

Plumbing John Baker Plumbing

Mechanical Assoc. Heating Air

Electrical Mr. Dees

PlumbingPiedmont Performance

Plumbing

Mechanical Assoc. Heating Air

Electrical Abco South Electrical

Plumbing John Baker Plumbing

Mechanical Indicor

Electrical Abco Electrical

Plumbing PPP

Mechanical (Inelligible)

Electrical Central Carolina Electric

Plumbing John Baker Plumbing

Mechanical Assoc. Heating Air

Electrical Central Carolina Electric

UP

#1

- R

em

ova

l o

f u

nsu

itab

le

mate

rial,

per

cub

ic y

ard

UP

#2

- In

-pla

ce st

ruct

ura

l fi

ll,

per

cub

ic y

ard

UP

#3

- R

ock

Exc

ava

tio

n

(tre

nch

ing

), p

er

cub

ic y

ard

UP

#4

- R

em

ova

l o

f m

ass

ro

ck,

per

cub

ic y

ard

Bidder

Lic

en

se #

Subcontractors

Bid

Fo

rm (

Y/N

)

Bid

Bo

nd

(Y

/N)

MB

E F

orm

s (Y

/N)

E-V

eri

fy A

ffad

avit

(Y

/N)

Iran

Div

est

men

t A

ct (

Y/N

)

Ad

den

da 1

-3 (

Y/N

)

$5,019,100.00

$4,672,000.00

$5,142,000.00

$4,838,195.00

$5,204,500.00

$4,875,570.00

$5,141,180.00

$4,461,210.00

$8,000.00 $31,000.00 $6,000.00 $8,000.00 $135,000.00 $0.00

$51,000.00 $10,300.00 $6,500.00 $148,000.00 $0.00

$12,500.00 $125,600.00 -$13,430.00

$9,300.00 $131,600.00

$42,000.00 $25,000.00 $14,000.00 $48,000.00Y Y Y $20.00 $25.00 $300.00

$39,000.00 $24,000.00 $9,500.00TCC Enterprises 72364 Y Y Y Y

$12.00 $18.00 $250.00 $200.00 $4,285,000.00

W. C.

Construction63557 Y Y Y

$4,867,000.00

$200.00 $4,490,000.00

R. P. Murray, Inc. 23125 Y Y Y Y Y

$29,200.00

$4,300.00 $7,500.00Y Y $18.00 $18.00 $180.00 $135.00

$28,000.00$28,250.00 $26,765.00 $16,000.00 $45,675.00 $6,250.00 $26,200.00Y

$0.00PRO Construction 26879 Y Y Y Y $41,000.00 $27,700.00 $29,000.00 $73,700.00 $9,100.00 $25,600.00Y $29.00 $30.00 $107.00 $128.00 $4,896,580.00Y

$6,162.00 $133,280.00 $0.00$27,007.00 $15,232.00 $49,566.00 $7,000.00 $27,464.00 $35,616.00$22.40 $24.64 $168.00 $112.00 $4,679,000.00 $28,523.00

$130,000.00 $0.00

KMD

Construction, LLC49998 Y Y Y Y Y Y

$18,000.00 $45,000.00 $10,000.00 $35,000.00 $27,000.00 $7,500.00$40.00 $250.00 $150.00 $5,000,000.00 $28,000.00 $34,000.00

$9,000.00

J. G. Corum

Company, Inc.9586 Y Y Y Y Y Y $25.00

$44,000.00 $9,000.00 $35,000.00 $15,000.00 $4,000.00 $128,000.00$175.00 $125.00 $4,640,195.00 $27,000.00 $24,000.00 $31,000.00Y Y Y Y $15.00 $20.00

Y Y YY

Holden Building

Company, Inc.68119 Y Y

$0.00$30.00 $40.00 $400.00 $300.00Y $41,400.00 $9,100.00 $31,400.00 $29,000.00 $9,000.00 $130,000.00H. M. Kern

Corporation8542 $4,937,000.00 $27,100.00 $26,000.00 $32,000.00Y

Page 106 of 183

Page 107: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 108: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 109: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 110: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 111: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 112: Regular Meeting Of The Board Of Aldermen - Kernersville

(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

Page 113: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 114: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Seller InitialsBuyer Initials

Page 2 of 10

AssociationFomi No. 580T© Revised 1/2015,7/2017Printed by Agreement with the NC Bar Association

This standardformhas been approved jointlyby: North CarolinaNorth Carolina Bar Association — NC Bar FormNo. 580T

NorthCarolinaAssociation of Rea1tors®, Inc. — StandardFO1‘lTl580T

Page 114 of 183

Page 115: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Seller InitialsBuyer Initials

Page 3 of 10

AssociationForm No. 580T © Revised 1/2015, 7/2017Printedby Agreement with the NC Bar Association

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

Page 116: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Seller InitialsBuyer Initials

Page 4 of 10

AssociationFormNo. 580T © Revised1/2015,7/2017Printed by Agreement with the NC Bar Association

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

Page 117: Regular Meeting Of The Board Of Aldermen - Kernersville

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.

Seller InitialsBuyer Initials

Page 5 of 10

AssociationForm No. 580T © Revised 1/2015,7/2017Printed by Agreement with the NC Bar Association

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

Page 118: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Seller InitialsBuyer Initials

Page 6 of 10

AssociationForm No. 580T © Revised 1/2015,7/2017Printedby Agreement with the NC Bar Association

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

Page 119: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Buyer Initials Seller Initials

Page 7 of 10

AssociationForm No. 580T © Revised 1/2015,7/2017 This standardform has been approvedjointly by: North Carolina

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

Page 120: Regular Meeting Of The Board Of Aldermen - Kernersville

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.

Seller InitialsBuyer Initials

Page 8 of 10

Association FormNo. 580T © Revised1/2015,7/2017Printed by Agreement with the NC Bar Association

This standard formhas been approved jointly by: North CarolinaNorth Carolina Bar Association— NC Bar Form No. 580T

North Carolina Associationof Realtors®, Inc. — Standard Form 580T

Page 120 of 183

Page 121: Regular Meeting Of The Board Of Aldermen - Kernersville

Date:

(Name of Escrow Agent)

By:

Buyer Initials Seller Initials

AssociationForm No. 5SOT© Revised 1/2015,7/2017Printedby Agreement with the NC Bar Association

Page 9 of 10

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

Page 122: Regular Meeting Of The Board Of Aldermen - Kernersville

“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

Page 123: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 124: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 125: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 126: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 127: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 128: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 129: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 130: Regular Meeting Of The Board Of Aldermen - Kernersville

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.

SEAL/STAMP Notary PublicMy commission expires , 20

STATE OF NORTH CAROLINA - Forsyth County

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.

SEAL/STAMP Notary PublicMy commission expires , 20

STATE OF NORTH CAROLINA - Forsyth County

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

Page 131: Regular Meeting Of The Board Of Aldermen - Kernersville

?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

NHSWEEEM K0 >§Qk MEQQK k vdn. SE :<E:9om.<

RUE 5.: N .3.

E5 ///Fawn mxxwi? <5 is /H9. Eomuahkuxsuus K3

K13»: ..n:§\ <33: 2BK.x:<uzxx.!kK?§»3«uS_

an «as?_

E?xu «E.!.9u»~:8._u

lab 5u8«§«m.=EunDi

>$5.3n.!T€§§oa ié?ixSK ...§:U.nBw.Hv..?m

E3» §u~.aB\ : w§§u<Vu §.§n<

H‘ 55! I‘.-‘IE.[l

Ilncw

n...l\HNl..1§_i l1EEl.1>\I8..I.(a|.aFIwSI.-xx. E

l_1.d.!¢<\..ia.

(‘I-l?? ‘SIC ie?ilf-Q‘:‘:5

\ iiillialsuuasisaatlauanxwVV\&\\\V 54¢‘ §§\h\\\§§\Nm. VR<\\

KN»\.\.\§ Es

E§8 nhmzam : <z~uat<u FEB:

nm<~L Esau: 5.3%»:uoG._§n S3 §.RwB§ 33$ zufut. 2

«Eu .3 :23 an:5:. asinn 23 .25.: 8:23.! £3.83 3.33 5: nlsx

.\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....

.2. E: .3». 3.. 3 Eu. 5 5.said :5 niient ulna iism .x .~ in: as 3.. #5 is $3 «Stow gm 1

.

zo:<9_oomE mo.mm_.._wz<E .moz<?._>zoo

\

\

mo...Sm: umO._. ._.Oz

\.w<4n_ E<z__2_?._E

WNa yE

.r www

Bantu 53% 5.36 sxntk «WmNa.i§s3u< Wkm 79

088a 3 I-Eu-m .52.}. .55 «Km Eu 3.5 H»

WAN6 i ..nb|.VNI.NN h

I slll. ..........§:./. ....“w._...um m

.....|:| 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

Page 132: Regular Meeting Of The Board Of Aldermen - Kernersville

«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.

stun . Til Ezsu .me? 81k 35 XDQW Qkw?

Run. wormNDMH,§ QNMQxx M3 .903 Stu‘ K0 REQEVEQXWH WQEMRWKMQ«(SW4

.m .6 .\ .N Q@'

.wmqvsow 35 man ?xuwI <2:u..<§ E32 E58 mtmkem .u.§.?>§S wdxnmwzmluk.|/,SMNMMIVNIQNQW 2~K % sxkk?k «x Q?‘ QQSWNMIVNIQWQQ‘$1 £6 3‘ uzxwm

“ wdkm?z?k k0 2:& NE‘ SK KE EONNw2E:8.ww.4“

I‘ mmmwm1.‘: N no N Eth \FN!u5.:.«uimx§2..<§hu._ aW;%/3%‘ ».§an..¢nEu.z8.d§hh< R133: 2/

uex3.&<ua§.!x.«=Pvc<k<u$. «$.44~9§.nEunE3.G:xa.§$.:.r Fvw'.u§huuo.:.w¢nu§uSuxun.n? M bEgi??a??g?? KW

o4.8 §N

%lgm \<~§ Kg‘ 3‘ \ "Euaumuuunuwnmooukt

2,3. Gk 331 $5

4mg«W\Y

n.$\wmAeu&v onwhmmmww 3deng.Ew\e.u.§ . . .....

av”. he? .a~56$_»A@,~.v , 3 sdwmnvwuwmmwEm .9.»? _ K0 «NY Esi umimxmu 3 ?xA0\a« easmnnuvwumunu\<>\ k0 Eatkbl \

es.....§..a._.cm%wm.,

..24oo¢¢meww....96.LRFuE|l . q. . . 5 wewe.1..... . 3 as.E 1.6:.. .. : av...u....%.... . .

. ...._€ “.31.,wéu... n.\:...m..:....r.u......?.....u.»_s.<......” . .onme.»n 3 .§..m..m..h..u . .. zo:<omoom~_ mo{En :3 nsxsz. Es. ss? 2

.. . .

.H.:mz<E .uoz<>m_>zoo. . . . . .

mo.._ Sm: mmO._. HOZ... . . . ._.<:_n_>~_<z_2_.m_~_n_éu,

...v.\.W\/.\b9

\ if

N x xWm \ .0 \3.

\ 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

Page 133: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 134: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 135: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 136: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 137: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 138: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 139: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 140: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 141: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 142: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 143: Regular Meeting Of The Board Of Aldermen - Kernersville

Attachment A of the Special Use District Permit

Page 143 of 183

Page 144: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 145: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 146: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 147: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 148: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 149: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 150: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 151: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 152: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 153: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 154: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 155: Regular Meeting Of The Board Of Aldermen - Kernersville

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: Regular Meeting Of The Board Of Aldermen - Kernersville

Page 156 of 183

Page 157: Regular Meeting Of The Board Of Aldermen - Kernersville

Page 157 of 183

Page 158: Regular Meeting Of The Board Of Aldermen - Kernersville

Page 158 of 183

Page 159: Regular Meeting Of The Board Of Aldermen - Kernersville

Page 159 of 183

Page 160: Regular Meeting Of The Board Of Aldermen - Kernersville

Page 160 of 183

Page 161: Regular Meeting Of The Board Of Aldermen - Kernersville

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: Regular Meeting Of The Board Of Aldermen - Kernersville

Page 162 of 183

Page 163: Regular Meeting Of The Board Of Aldermen - Kernersville

Page 163 of 183

Page 164: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 165: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 166: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 167: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 168: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 169: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 170: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 171: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 172: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 173: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 174: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 175: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 176: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 177: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 178: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 179: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 180: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 181: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 182: Regular Meeting Of The Board Of Aldermen - Kernersville

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

Page 183: Regular Meeting Of The Board Of Aldermen - Kernersville

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.

DONE AND ORDERED in open meeting by

(Chairperson/Mayor)

ATTESTED BY SEAL (Clerk)

DATE

Page 183 of 183