AGENDA REGULAR MEETING OF THE BOARD OF ALDERMEN TUESDAY, NOVEMBER 1, 2016 AT 7:00 PM KERNERSVILLE MUNICIPAL COUNCIL CHAMBERS 134 EAST MOUNTAIN STREET

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1 CALL TO ORDER INVOCATION BY AGENDA REGULAR MEETING OF THE BOARD OF ALDERMEN TUESDAY, NOVEMBER 1, 2016 AT 7:00 PM KERNERSVILLE MUNICIPAL COUNCIL CHAMBERS 134 EAST MOUNTAIN STREET REVEREND PETE KUNKLE, FIRST CHRISTIAN CHURCH OF KERNERSVILLE PLEDGE OF ALLEGIANCE The Board of Aldermen adopted the following policy on December 2, 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 (voice) or (TDD) at least 48 hours before the scheduled meeting. Questions concerning agenda items should be directed to the Town Clerk at PUBLIC HEARINGS A. No Public Hearings 2 PUBLIC SESSION A. SPEAKERS FROM THE FLOOR B. Presentation by the Kernersville Museum Page 1 of 47

2 C. Discussion and Consideration of Applying for a PARTF and NC Connect Bonds Grants for Parks & Recreation. D. Consideration of a Request by Oakhurst, LLC Regarding a Contribution for Durham Street. E. Consideration of a Resolution of Intent to Close Stafford Street. F. Consideration of an Ordinance to Add the Intersection of Bost Street and Donnell Street to the Schedule of "Stop Required from All Directions" (3-way). 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 b c d e f g Approval of Minutes for September 6, 2016 Closed Session Approval of Minutes for September 28, 2016 Briefing Session Approval of Minutes for October 4, 2016 Regular Session Approval of Minutes for October 4, 2016 Closed Session Municipal Records Retention Schedule Amendments Consideration of a NCDOT Traffic - Directional Signs Agreement for Kernersville Medical Center at the Macy Grove Road / US 421 Interchange Forsyth County Tax Refund 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 2 of 47

3 The Kernersville Museum Upcoming Events November 10, 2016: Museum Lecture Series features Ivey Redmon In honor of Veterans Day, we will be having Ivey Redmon come and speak to us about his experiences during World War II. Time: 6:30-7:30 pm November 17, 2016: Historical Fiction Book Club Sponsored by The Kernersville Museum. Join us on 3 rd Thursday of each month as we enjoy refreshments and discuss the month s historical fiction pick! November s Pick: The Velvet Hours by Alyson Richman. Inspired by the true account of an abandoned Parisian apartment, Alyson Richman brings to life Solange, the young woman forced to leave her fabled grandmother s legacy behind to save all that she loved. Time: 6:30-7:30 pm November 25, 2016: Holiday Open House After a long day of Black Friday shopping, what could be more relaxing than bringing the little ones out to see Santa and Mrs. Claus? Hot Cocoa and cookies will be provided. Come see The Museum as we transform into a magical place to meet Santa and get into the Holiday Spirit. Time: 5:00-7:00 pm November 26, 2016: Small Business Saturday Come out Saturday, November 26, 2016 to support local business, and while you are there, stop by The Kernersville Museum to get into the Christmas Spirit. The house will be decorated in its Christmas best. Victorian Christmas Villages will be available for a $20 donation to The Museum. Time: 10:00-2:00 pm December 3, 2016: Christmas Around the World This year we have a special treat for everyone in Kernersville. Santa s workshop will be located in the Train Depot! Come by and see what the Elves have been up to and pick up your Passport for this year s Christmas Around the World. We will have special activities for children including: Writing you letter to Santa, guess how many elves we have, and a Christmas themed photo booth! Once you leave The Depot, shop your way through the local businesses and end your afternoon at The Kernersville Museum for Hot Cocoa and cookies. Turn in your passports at The Museum for a chance to win a gift card. Time: 1:00-6:00 pm Page 3 of 47

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5 EXISTING SOCCER FIELD EXISTING SOCCER FIELD EXISTING SOCCER FIELD EXISTING SOCCER FIELD EXISTING SOCCER FIELD BMP BMP BMP BMP EXISTING SOFTBALL FIELD #1 PARKING LOT (354 SPACES) BASEBALL STADIUM (800-1,200 SEATS) PARKING (194 SPACES) PARKING (568 SPACES) EXISTING SOFTBALL FIELD #2 SMALL DOG PARK LARGE DOG PARK MULTI-PURPOSE STADIUM R O A D BMP MULTI-PURPOSE FIELD PARKING LOT (134 SPACES) MULTI-PURPOSE FIELD S H I E L D S R B E E S O N EXISTING SOFTBALL FIELD #3 D MINI GOLF COURSE EXISTING PARKING A COMMUNITY CENTER EXPANSION (35,000 SF) COMMUNITY CENTER (40,000 SF) O BMP EXISTING PARKING ILLUSTRATIVE MASTER PLAN IVEY M. REDMON SPORTS COMPLEX KERNERSVILLE, NORTH CAROLINA Page 5 of 47

6 Community Development Department Development - Planning - Engineering - Economics Transportation - GIS - Zoning - Building Permits Watershed - Code Enforcement - Inspections - Surveying TOWN OF KERNERSVILLE Memo To: Curtis Swisher, Town Manager Cc: Rochelle Joseph, Senior Planner From: Jeff Hatling, AICP Community Development Director Date: September 23, 2016 Re: McConnell Traffic Fee In 2001 Les Mitchell, Agent for Oakhurst of Kernersville, LLC requested a rezoning for the property, that is now McConnell, from single family residential to multifamily residential with a portion being single family. The developer and Town agreed on the following condition to assist in mitigating the increased traffic created by the higher density development: Developer shall contribute $185,000 to the Town upon the recording of the first plat. These funds will go towards the improvements to the Cherry and Oakhurst Streets intersection. Developer shall contribute $190,000 to the Town upon issuance of the Building Permit that includes the 150th unit. These funds will go towards improvements to Durham Street. The developer paid the $185,000 that went towards the Oakhurst Street and Cherry Street improvements, and posted a letter of credit for the $190,000. The developer later requested that the condition be modified to allow them to pay the $190,000 at the 300th unit. The Town agreed to the 300th unit. They currently have constructed approximately 264 units. Their current letter of credit expiration date is November 10, 2016, with a final expiration date of November 10, By the terms of the letter Oakhurst of Kernersville, LLC would have to notify the Town 90 days prior to the date that they intend not to renew the letter of credit. Without such notification, it automatically renews until November 10, Since the approval of McConnell two other adjacent developments, Mountain View Apartments and Davis Garden Apartments have been approved with conditions for funds to be contributed towards improvements to Durham Street. The condition that applied to those developments was based on an equitable traffic trip generation formula that equated to the McConnell contribution Page 6 of 47

7 condition. Mountain View Apartments contributed $21, and Davis Garden Apartments contributed $36, The Durham Street improvement is the planned street to serve McConnell, Mountain View Apartments, Davis Garden Apartments and the future development of Pope Companies property. Without the Durham Street connection, the increase intraffic intensity the Board of Aldermen approved through the rezoning of McConnell, Mountain View Apartments, and Davis Garden Apartments will burden Oakhurst Street and its intersections. It is anticipated that Pope Companies will request a more intense land use then they currently have (Single Family Residential Minimum lot size 12,000 square feet). If additional information is needed, please do not hesitate to contact me. 2 Page 7 of 47

8 ORDINANCE NO. O AN ORDINANCE AMENDING TRAFFIC SCHEDULE 1 OF CHAPTER 9 OF THE TOWN OF KERNERSVILLE CODE OF ORDINANCES BY ADDING CERTAIN STREETS TO THE STOP REQUIRED IN ALL DIRECTIONS WHEREAS, it appears that the public health, safety, and welfare is best served by requiring all traffic entering certain intersections within the Corporate Limits of the Town of Kernersville to stop for better traffic control; and WHEREAS, the Board of Aldermen has received a citizen request and has determined that a three-way stop should be installed at the intersection of Bost Street and Donnell Street. NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF KERNERSVILLE that the Code of Ordinances be amended by adding the following intersections to CHAPTER 9 Motor Vehicles and Traffic, Section 9-31(1) - Schedule 1- Intersection Control Stop Required in All Directions : 1. Bost Street and Donnell Street. This Ordinance shall be effective upon its date of adoption by the Board of Aldermen this 1st day of November, Dawn H. Morgan, Mayor Attested to: Town Clerk Page 8 of 47

9 MINUTES OF THE BOARD OF ALDERMEN TOWN OF KERNERSVILLE, N.C. BRIEFING SESSION SEPTEMBER 28, 2016 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 Dawn H. Morgan, Aldermen Kenny Crews, Irving Neal and Chris Thompson. Absent: Mayor Pro Tem Tracey Shifflette and Alderman Joe Pinnix Jr. Staff Present: Curtis L. Swisher, Town Manager; John Bain, Town Attorney; Jayne Danner, Deputy Town Clerk; Jeff Hatling, Community Development Director; Tim Summers, Police Captain; Chris Langham, Fire Rescue Chief; Doran Maltba, Public Services Director; Ernie Pages, Parks & Recreation Director; Franz Ader, Finance Director; Gray Cassell, Chief Information Officer and Ray Smith, Human Resources Director. Call to order and invocation. Mayor Dawn Morgan called the meeting to order at 6:35 PM and Mr. Jeff Hatling delivered the invocation. 1. Briefing on the October 4, 2016 Regular Meeting Agenda Mayor Morgan stated that representatives from the Salvation Army Kernersville Korean Corps will give a brief presentation on their services in Kernersville at the meeting on Tuesday. 1 PUBLIC HEARINGS A. PUBLIC HEARING: Voluntary Annexation (Contiguous) by Venture Properties VII, LLC for Property Located at 841 Abbotts Creek Circle containing acres more or less. Mr. Curtis Swisher, Town Manager reported that this annexation request is for property previously rezoned for a Dollar General. He added that Staff recommends approval of the annexation request. 2 PUBLIC SESSION A. SPEAKERS FROM THE FLOOR B. Consideration of a Request from Doug Jewell Regarding Concerns with the Intersection of Salisbury Street and South Main Street. Page 9 of 47

10 Mayor Morgan advised that there is a snapped light pole, and hanging wires in this area, and some recent light repairs have been addressed that might also help with visibility. Mr. Swisher advised that one of the major issues is trucks and tractor trailers making illegal turns onto Salisbury Street and then getting stuck in the landscaped area. He added that Mr. Jewell reported that it costs about $1K each time to replace the landscaping. Mr. Jewell is thinking if a camera is installed it could capture video of offenders. Mayor Morgan asked if additional signage might help warn truck drivers of the No Turn restrictions. Alderman Neal reported that GPS devices are routing truck drivers this way. He added the island configuration needs fixing, it is almost impossible even for a car not to make contact. Captain Summers advised that most truck drivers who get stuck report that their GPS system routed them this way. Mr. Hatling advised that the purpose of the design of the interchange was to slow traffic down. Mr. Doran Maltba stated that he would follow up with NCDOT regarding a request to move the stop bar. Mr. Hatling advised that he would speak with NCDOT to see if they would designate downtown and South Main Street as no through truck routes. C. Consideration of an Ordinance to Lower the Speed Limit to 25 MPH in the Trillium Subdivision. Mr. Swisher stated that this request is from the Trillium Home Owners association. He added that 25 MPH is the recommended speed limit for subdivisions and Staff recommends approval of the request. D. Consideration of a Request to Amend the "No Parking" Restrictions on a Portion of Baxter Street. Mr. Swisher reported that Ronnie Roberts has submitted this request. He added that staff recommends approval of the request. E. Presentation of the 2015 Growth and Traffic Data Annual Report. Mr. Swisher stated that Mr. Hatling will present this Annual Report at the meeting on Tuesday. F. Consideration of a North Carolina Department of Commerce Grant for Downtown Revitalization. Mr. Swisher advised that Staff recommends the Board approve and accept the Downtown Revitalization Grant as awarded. He added that the grant does not require any matching funds and these funds will be used for a downtown park in the former School Tools building location. Page 10 of 47

11 G. Discussion and Consideration of Applying for a PARTF and NC Connect Bonds Grant for Parks and Recreation. Mr. Ernie Pages, Parks and Recreation Director stated that these grant funds are highly competitive and do require matching funds of 50% for PARTF and 25% for NC Connect. He added that the grants would be used for upgrades at 4th of July Park to accommodate special needs groups. The total cost of the upgrade is $200,000. $150,000 would come from grants funds and requires a Town match of $50,000. He further added that at Ivey Redmon Sports Complex the grant funds would be used for grading, stormwater controls, synthetic fields and formalization of the cross country course. The total cost of the upgrade is $2.5 million. The grant could provide up to $500,000 and would require a Town match of $500,000. The Town would be responsible for the remaining $1.5 million, if everything is done as planned. Aldermen Kenny Crews and Irving Neal asked if revenues generated would offset the matching grant funds and how would it impact the Budget. Mr. Pages advised that additional athletic fields are part of the master plan and they would generate more revenue. Mr. Swisher advised that the matching funds could be included in Budgets for FY 17-18, 18-19, and H. Consideration of a Request by Oakhurst, LLC Regarding a Contribution for Durham Street. Mr. Swisher reported that the Town has received a request from the attorney representing Oakhurst LLC asking that the $190,000 Letter of Credit (LOC), due to expire on November 10, 2016, not automatically renew for an additional two years. He added that a request was received and approved in 2001 to amend the LOC originally payable at 150 units built to 300 units built and that currently 264 units have been built. He advised that two other developers have also been assessed fees to contribute towards future costs of this road that will serve as a secondary access to the neighborhood. Mr. Swisher advised that typically a developer has to pay these fees at the time the building permit is issued and this is the only time an extension has been issued. I. Consideration of Approval of the Selection of an Architect for the Construction of Fire Station 42. Mr. Swisher advised that Staff recommends ADW Architects of Charlotte for the design and project management of the new Fire Station # 42. J. Consideration of Budget Amendment #3 for FY Mr. Swisher gave an overview of the items in Budget Amendment #3 for legal fees, travel for Governing Body and Kerner Mill Creek Greenway. Page 11 of 47

12 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 b c Approval of Minutes for August 31, 2016 Briefing Session Approval of Minutes for September 6 Regular Session Approval of Technical Correction to Rezoning Ordinance O to Add Metes and Bounds Descriptions Mr. Swisher advised that Item C is a correction to the metes and bounds description for Zoning Docket K748 approved by the Board on August 2, Matters to be presented by the Town Manager and Town Attorney. Alderman Neal asked about the status of the WIFI upgrade. Mr. Gray Cassell, Chief Information Officer reported that the project is in process. Mr. Swisher advised that new microphones for the courtroom have been ordered at a cost of $300 each. Alderman Neal asked if it would be best and more cost effective in the long run to replace the entire sound system. Mr. Cassell responded that the current system is only 5 years and despite the many uses and wear and tear of the equipment, it is in good condition. Mr. Cassell gave a demonstration of the new Kernersville Police Department website. Several Board Members expressed concern about the inconsistency of the logos used on each of the departments new webpages. The Board discussed this matter at length and it was the consensus of the Board that they liked the content of the new webpages but felt that for recognition and consistency a similar Town logo, such as the Town seal or Folly roofline, should be added to each of the departments webpages in addition to the departments individual logo. Mr. Swisher asked the Board to let him know which logo they would prefer so that a header ribbon could be added to all of the departments webpages to include this logo for consistency. Mr. Cassell advised that the current ipads that the Board use are 5 years old, and cannot be updated with the ios 10 or later versions so they will need to be replaced. He demonstrated several styles and sizes of ipads ranging from $500 to $950 each. He stated that he would prefer that the Board used the same ipad for ease of addressing any issues that might arise. He asked the Board to let him know what their preference would be. Page 12 of 47

13 Alderman Thompson asked about the standing water at 4 th July Park. Mr. Pages advised that it is due to an issue with a pipe. Mayor Morgan advised the Board that there is a festival at Providence Church from 2-6 pm on Saturday. Mayor Morgan reported that the Annual Triad ABC reports are available if the Board would like a copy to review. 3. Adjournment. Alderman Irving Neal made a Motion to adjourn the meeting at 8:28 PM. Alderman Chris Thompson seconded the motion. The vote was 3-0 in favor of the motion. Being no further business to come before the Board, the meeting was adjourned. Dawn H. Morgan, Mayor Attest: Jayne Danner, Deputy Town Clerk I, Jayne Danner, Deputy 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 September 28, This the day of, Jayne Danner, Deputy Town Clerk Page 13 of 47

14 MINUTES OF THE BOARD OF ALDERMEN TOWN OF KERNERSVILLE, N.C. REGULAR MEETING 7:00 PM OCTOBER 4, 2016 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 Kenny Crews, Joe Pinnix, Jr., Chris Thompson, and Irving Neal. Absent: Staff Present: Curtis L. Swisher, Town Manager; John Wolfe, Town Attorney; Keith Hooker, Town Clerk; Jeff Hatling, Community Development Director; Police Chief Scott Cunningham; Fire Rescue Chief Chris Langham; Doran Maltba, Public Services Director; Franz Ader, Finance Director; Heather Wood, Parks and Recreation Marketing and Community Relations Specialist; and Crystal Tanner, Human Resources Manager. CALL TO ORDER INVOCATION BY REVEREND RICK CARTER, MAIN STREET UNITED METHODIST CHURCH PLEDGE OF ALLEGIANCE CEREMONIAL PRESENTATIONS Mayor Morgan called the meeting to order at 7:03 PM, and Reverend Rick Carter of Main Street United Methodist Church delivered the invocation. Mayor Morgan recognized Senator Richard Burr as a special guest. Senator Burr presented John Wolfe with the award of Order of the Long Leaf Pine in honor of his work in Kernersville, specifically mentioning his key roles in the growth of Kernersville and the preservation of the Town s history through Körner s Folly and the Kernersville Museum. Mr. Wolfe thanked everyone in attendance and stated that he was at a loss for words. He said that he appreciated everything that Senator Burr has done for Kernersville and considers him to be a good friend. Mayor Morgan recessed the meeting at 7:17 PM. Mayor Morgan reconvened the meeting at 7:35 PM. Page 14 of 47

15 Robin Stone, 901 North Cleveland Avenue, Winston-Salem NC Robin Stone introduced Major Sun Yung Lee from the Salvation Army Corps. Major Syung Young Lee, 770 Park Centre Drive, Kernersville NC Major Syung Young Lee from the Salvation Army Corps of Winston Salem gave a brief description of the services offered in Kernersville. 1 PUBLIC HEARINGS A. PUBLIC HEARING: Voluntary Annexation (Contiguous) by Venture Properties VII, LLC for Property Located at 841 Abbotts Creek Circle containing acres more or less. A-1. Consideration of an Ordinance annexing said property. Mr. Hatling presented the voluntary annexation request and stated that Staff recommends approval of the request. Mayor Morgan declared the public hearing open. IN FAVOR: None presented. OPPOSED: None presented. Mayor Morgan declared the public hearing closed. BOARD DISCUSSION: Mayor Pro Tem Shifflette made a Motion to approve the ordinance. Alderman Crews seconded the motion. The vote was 5-0 in favor of the motion at 7:42 PM. Page 15 of 47

16 ANNEXATION ORDINANCE NO. A AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE TOWN OF KERNERSVILLE, NORTH CAROLINA TO INCLUDE AN APPROXIMATELY ACRES CONTIGUOUS TO THE MUNICIPAL BOUNDARY OF THE TOWN OF KERNERSVILLE OWNED BY VENTURE PROPERTIES VII, LLC, 841 ABBOTTS CREEK CIRCLE, KERNERSVILLE, NC, AND AT THE TIME OF THIS ORDINANCE GENERALLY KNOWN AS THE DOLLAR GENERAL STORE PROPERTY LOCATED AT THE INTERSECTION OF CEDAR KNOLL DRIVE, ABBOTTS CREEK CIRCLE AND HIGHWAY 66 SOUTH UPON PETITION OF VENTURE PROPERTIES, VII, LLC WHEREAS, the Board of Aldermen of the Town of Kernersville has been petitioned, in accordance with North Carolina General Statutes 160A-31, as amended, to annex the area described herein; and WHEREAS, the Town Clerk has certified the sufficiency of said petition; and WHEREAS, on September 6, 2016, the Board of Aldermen of the Town of Kernersville set the time and date of a Public Hearing to be held on the question of Annexation as being October 4, 2016, at 7:00 p.m. in the Kernersville Council Chambers/District Courtroom; and WHEREAS, a public hearing on the question of this Annexation was held at a regular meeting of the Board of Aldermen of the Town of Kernersville in the Kernersville Council Chambers/District Courtroom at 7:00 p.m. on the 4 th day of October, 2016, after due notice by publication on the 20th day of September, 2016; and WHEREAS, the Board of Aldermen does hereby find as a fact that said petition meets the requirements of N.C.G.S. 160A-31, as amended, including that this property is contiguous to the present corporate limits of the Town of Kernersville and that all property owners within the area petitioned to be annexed, have signed the petition for annexation; NOW, THEREFORE, BE IT HEREBY ORDAINED by the Board of Aldermen of the Town of Kernersville, North Carolina: Section 1. By virtue of the authority granted in North Carolina General Statutes 160A- 31, as amended, the territory of approximately acres, as further described in the attached Exhibits A and B, which are included herein as if fully set out, is hereby Annexed and made part of the Town of Kernersville as of the 4 th day of October, 2016, at 7:42 p.m. Section 2. Upon and after October 4, 2016, at 7:42 p.m., the above described territory, and its citizens and property, shall be subject to all debts, laws, ordinances and regulations in force in Page 16 of 47

17 the Town of Kernersville and shall be entitled to the same privileges and benefits as other parts of the Town of Kernersville. Section 3. The newly Annexed territory described herein shall be subject to Town of Kernersville taxes according to G.S. 160A Section 4. A certified copy of this Ordinance shall, together with a map outlining the newly annexed area, be recorded in accordance with N.C.G.S. 160A-39 in the Office of the Secretary of State of North Carolina and in the Office of the Register of Deeds of Forsyth County, North Carolina; and, a copy of this Ordinance, and map outlining the newly annexed area shall be sent to the Forsyth County Board of Elections as provided for in N.C.G.S (a), as well as to the Forsyth County Tax Supervisor s Office. Adopted this 4 th day of October, Page 17 of 47

18 Voluntary Contiguous Annexation to the Town of Kernersville Petitioned by Venture Properties, VII, LLC Being acres, and all of PIN , PIN , and a portion of PIN , address 841 Abbotts Creek Circle, located at the intersection of Cedar Knoll Drive, Abbotts Creek Circle and Highway 66 South Being all of that certain acres parcel of land lying in Abbotts Creek 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 Abbotts Creek Circle, on the east by NC Highway 66 South, on the south by KV66 Partners, LLC, and on the west by Cedar Knoll Drive; said tract being particularly described by courses (according the North Carolina grid system) and distances according to a survey and plat prepared by Blue Ridge Geomatics, PA, under the seal of Danny A. Long Registered Land Surveyor No. L-4874, dated August 17, 2016, PROJECT # , and recorded at Plat Book Page of the Forsyth County Registry, to which reference is hereby made, as follows: BEGINNING at a CONTROL CORNER, a North Carolina Department of Transportation aluminum capped 5/8 rebar, the northeasterly corner of now or formerly KV Partners, LLC (see Deed Book 2635 Page 3124 of the Forsyth County Registry), and in the westerly right-of-way line (varying width from centerline) of N.C. Highway 66 South; said rebar having NC grid coordinates of North 850, (US feet) and East 1,685, (US feet) as per the North American Datum of 1983 (NSRS 2011); thence running with said westerly right-of-way line of N.C. Highway 66 South the following two calls: (1) thence South 04 Degrees 00 Minutes 49 Seconds East feet to a 5/8 rebar found, the northeasterly corner of now or formerly KV 66 Partners, LLC (see now Deed Book 2635 Page 3127 of said Registry); (2) thence South 05 Degrees 20 Minutes 34 Seconds East 2.99 feet to a 5/8 rebar set; thence with the northerly line of said KV66 Partners, LLC (see Deed Book 2635 Page 3127 of said Registry) South 90 Degrees 00 Minutes 00 Seconds West feet to a 5/8 rebar set, in the easterly right-of-way line (30 feet from centerline) of Cedar Knoll Drive, and in the corporate limits of the Town of Kernersville as per annexation effected August 5, 1998 and cited as Ordinance Number 98-A-5 as recorded in Deed Book 2019 at Page 1242 of said Registry; thence with said corporate limits and said easterly right-of-way line the following calls three through five: (3) thence North 04 Degrees 44 Minutes 54 Seconds East feet to a 1 pipe found, the southwesterly corner of Venture Properties VII, LLC (see Deed Book 3299 Page 3726 of said Registry); (4) thence continuing with the westerly line of said Venture Properties VII, LLC North 05 Degrees 32 Minutes 44 Seconds East feet to a 1 pipe found, the southwesterly corner of other lands of said Venture Properties VII, LLC (see now Deed Book 3299 Page 3720 of said Registry); (5) thence continuing with the westerly line of Page 18 of 47

19 said Venture Properties VII, LLC North 05 Degrees 36 Minutes 16 Seconds East, crossing a 1 pipe found at feet and continuing another feet, for a total distance of feet, to a point at the intersection of rights-of-way of Abbotts Creek Circle and Cedar Knoll Drive; thence with the northerly line of said Venture Properties VII, LLC, and continuing with said corporate limits and the southerly right of way line (25 feet from centerline) of said Abbotts Creek Circle the following calls six through seven: (6) thence North 86 Degrees 14 Minutes 20 Seconds East, crossing a 5/8 rebar set at feet, and continuing feet, for a total distance of feet, to a 5/8 rebar set; (7) thence South 86 Degrees 35 Minutes 39 Seconds East feet to a 5/8 rebar set in said westerly right-of-way line of N.C. Highway 66 South; thence with said westerly right of way line the following calls eight through ten: (8) thence South 45 Degrees 04 Minutes 45 Seconds East feet to a 5/8 rebar set; (9) thence South 03 Degrees 33 Minutes 48 Seconds East feet to a 5/8 rebar set, in the northerly line of said now or formerly KV66 Partners, LLC; (10) thence with said northerly line South 86 Degrees 51 Minutes 42 Seconds East feet to the BEGINNING, said CONTROL CORNER, a North Carolina Department of Transportation aluminum capped 5/8 rebar. EXHIBIT B Page 19 of 47

20 The annexation map showing the property annexed, denoted here as Exhibit B, shall be recorded in the Office of the Forsyth County Registry. Upon recordation, the following shall be filled in as to Plat Book and Page Number. See Plat Book, Page. 2 PUBLIC SESSION A. SPEAKERS FROM THE FLOOR None presented. B. Consideration of a Request from Doug Jewell Regarding Concerns with the Intersection of Salisbury Street and South Main Street. Doug Jewell, 311 South Main Street, Kernersville NC Page 20 of 47

21 Mr. Jewell gave a presentation on traffic concerns at the intersection of Salisbury Street and North Main Street. He stated that there have been 12 incidents of vehicular damage to the landscaping in front of his building with a cost of $300 to $600 per incident. He stated that most of the damage is being done by tractor-trailers that are illegally turning at that intersection. He said that insurance has covered some of the damages but not all. He asked the Board to consider posting and enforcing fines, installing cameras, and using fines and insurance proceeds to pay for damage repairs, the signs, and the cameras. Alderman Neal asked how the cameras would be triggered to activate. Mr. Jewell said the cameras would automatically take pictures about every 2 seconds and could store them for about 2 weeks. Mayor Pro Tem Shifflette asked who would maintain the cameras. Mr. Jewell said the cameras could be owned by the Town. Alderman Pinnix asked about the frequency of the incidents. Mr. Jewell said there may be 2 incidents in a week or an entire month without one. Alderman Pinnix asked if the cameras can read a license plate. Mr. Jewell said that they can. Mayor Pro Tem Shifflette asked about the turning restrictions on the signs. Mr. Jewell said that the signs prohibit commercial trucks from turning right from Main Street to Salisbury Street. Mr. Swisher clarified that NCDOT has not prohibited commercial vehicles from making left turns from Salisbury Street to Main Street, has indicated that they will not prohibit those turns and will not allow the Town to design a median to discourage those left turns. Mr. Hatling indicated that NCDOT may be willing to look at prohibiting those left turns based on the landscaping damages to the adjoining property. Mr. Swisher said that it is unlikely that the Town would be allowed to install cameras on the utility poles. Alderman Neal stated that license plates on trailers are located under the safety bumper. He also stated that trailers are interchanged between drivers and that cameras taking pictures of trailers may not eliminate the problem. Mayor Pro Tem Shifflette suggested that NCDOT be contacted again with a request to prohibit commercial vehicles from turning left from Salisbury Street to Main Street. Page 21 of 47

22 Mr. Swisher said that NCDOT has indicated that they will not consider changing the fine for violating the turning prohibition that currently exists for right turns from Main Street. Mayor Morgan asked Chief Cunningham if the cameras would help with enforcement. Chief Cunningham said the automatic download would be very costly. He said that being able to obtain the correct information after an incident would be helpful. He also reminded the Board that any fines would already be designated for specific purposes by the State and that it is unlikely that any fines collected could be used for landscaping repairs. Mr. Swisher stated that NCDOT is not willing to prohibit commercial vehicles from driving through Town on those streets. Alderman Pinnix expressed a desire that this intersection had been designed differently. C. Consideration of an Ordinance to Lower the Speed Limit to 25 MPH in the Trillium Subdivision. Mr. Swisher stated that Staff supports this change. Alderman Neal made a Motion to approve the ordinance. Alderman Thompson seconded the motion. The vote was 5-0 in favor of the motion. ORDINANCE NO. O AN ORDINANCE AMENDING TRAFFIC SCHEDULE 2 OF CHAPTER 9 OF THE TOWN OF KERNERSVILLE CODE OF ORDINANCES BY ADDING CERTAIN STREETS TO THE TWENTY-FIVE MILE SPEED ZONE WHEREAS, it is in the interest of the public health, safety and welfare to regulate the speed limit in residential area; and WHEREAS, the Board of Aldermen has received a request from residents of the Trillium Subdivision Home Owners Association asking that the speed limits within the subdivision be reduced and agrees that the speed limit on certain streets should be reduced from thirty-five miles per hour to twenty-five miles per hour. NOW, THEREFORE, BE IT HEREBY ORDAINED by the Board of Aldermen of the Town of Kernersville that Chapter 9: Motor Vehicles and Traffic, Section 9-56(b) is amended by adding all Page 22 of 47

23 streets in Trillium Subdivision, namely Trillium Place Drive, Clematis Way, Caladium Court, Daffodil Drive and Hibiscus Lane to Traffic Schedule 2 denoting streets on which the speed limit is twenty-five miles per hour. This ordinance shall be effective upon adoption of this amendment. Adopted this the 4 th day of October, D. Consideration of a Request to Amend the "No Parking" Restrictions on a Portion of Baxter Street. Mr. Swisher stated that Staff supports this change. Mayor Pro Tem Shifflette made a Motion to approve the ordinance. Alderman Thompson seconded the motion. The vote was 5-0 in favor of the motion. ORDINANCE NO. O AMENDING ORDINANCE NO. O AND TRAFFIC SCHEDULE 4 OF CHAPTER 9 OF THE TOWN OF KERNERSVILLE CODE OF ORDINANCES NO PARKING ANYTIME 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 Board of Aldermen of the Town of Kernersville have determined that amending the No Parking restrictions on a portion of Baxter Street will enhance the public health, safety, and welfare of the citizens of the Town of 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 hereby amended adding a portion of Baxter Street, South of Oakhurst Street on the southeast side of the Street, South of 321 Baxter Street, to Schedule 4 denoting NO PARKING ANYTIME. This ordinance shall be effective upon adoption of this amendment. This the 4 th day of October, E. Presentation of the 2015 Growth and Traffic Data Annual Report. Page 23 of 47

24 Mr. Hatling gave the presentation. He said that this report includes information that was just recently supplied by the State. The report indicated that the population growth rate is expected to increase to an annual rate of about 1%. The economic data in the report was unchanged from 2014 but will be updated for the 2016 report. The traffic data shows a higher overall traffic volume than existed before the peak just prior to the recession. F. Consideration of a North Carolina Department of Commerce Grant for Downtown Revitalization. Mr. Swisher explained that this is a grant for $94,340 and does not require any matching expenditures by the Town. He said that this grant will be used to offset the costs of acquiring the property where the School Tools business was located. Mayor Pro Tem Shifflette made a Motion to approve accepting the grant. Alderman Pinnix seconded the motion. The vote was 5-0 in favor of the motion. G. Discussion and Consideration of Applying for a PARTF and NC Connect Bonds Grant for Parks and Recreation. Alderman Neal made a Motion to remove this item from the agenda. Alderman Crews seconded the motion. The vote was 5-0 in favor of the motion. H. Consideration of a Request by Oakhurst, LLC Regarding a Contribution for Durham Street. Mayor Pro Tem Shifflette made a Motion to remove this item from the agenda. Alderman Thompson seconded the motion. The vote was 5-0 in favor of the motion. I. Consideration of Approval of the Selection of an Architect for the Construction of Fire Station 42. Mr. Swisher stated that Chief Langham is recommending ADW Architects to be the architect for the new building for Fire Station 42. He stated that the company is well-qualified. Alderman Neal asked if the property has been purchased. Page 24 of 47

25 Mr. Swisher said it has not yet been purchased. Alderman Neal made a Motion to approve the selection. Alderman Thompson seconded the motion. The vote was 5-0 in favor of the motion. J. Consideration of Budget Amendment #3 for FY Mr. Swisher presented the budget amendment. He said that the total amount of additional expenditures is $152,698 and that this will come from the Town s fund balance. Mayor Pro Tem Shifflette made a Motion to approve the ordinance. Alderman Thompson seconded the motion. The vote was 5-0 in favor of the motion. Page 25 of 47

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28 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 b c Approval of Minutes for August 31, 2016 Briefing Session Approval of Minutes for September 6, 2016 Regular Session Approval of Technical Correction to Rezoning Ordinance O to Add Metes and Bounds Descriptions CORRECTED ORDINANCE O 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 LI (Limited Industrial) to GB (General Business) for property located at 512 Pineview Court being a part of PIN # containing 0.15 acres more or less as recorded in the Office of the Register of Deeds, Forsyth County, North Carolina and being further described as follows: BEGINNING at an existing iron pipe on the northwestern right of way (cul-de-sac) of Pineview Court, said iron pipe having North Carolina NAD 83 State Plane Coordinates of N , E , THENCE, N51º25 45 W, feet to a point; THENCE, S58º34 54 W, feet to an existing iron pipe; THENCE S55º22 13 W, feet to an existing iron pipe; THENCE, S48º19 30 W, feet to an existing iron pipe on the eastern right of way of Harmon Lane; THENCE, N15º46 10 W, feet to an existing iron pipe; THENCE, N58º37 01 E, feet to a point; THENCE, S33º03 32 E, 9.19 feet to a point on the northwestern right of way (cul-de-sac) of Pineview Court; THENCE, on a curve to the left, a chord of S23º59 19 W, feet (arc: feet, radius: feet) to an existing iron pipe, the point of beginning, having an area of 9,746 square feet, more or less. SECTION 2. This Ordinance shall be effective from and after its adoption. Adopted this the 2nd day of August, Page 28 of 47

29 Alderman Neal made a Motion to approve the Consent Agenda. Alderman Pinnix seconded the motion. The vote was 5-0 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 presented the new webpages for the Kernersville Police Department and Kernersville Parks & Recreation Department with the Town Logo at the top of the page and the Town Seal at the bottom of the page. He shared with the Board that most municipalities that have logos place those on the outside of the vehicles in a manner that is similar to the logo placement on the vehicles the Town uses in Public Services. Those vehicles have the Town Logo on the doors and the Town Seal on the frame of the doors near the side mirrors. He also indicated that the Town s letterhead will be designed similarly to the webpages with the Town Logo at the top of the page and the Town Seal at the bottom of the page. Alderman Neal and Mayor Pro Tem Shifflette expressed their approval of the new designs. Mr. Wolfe addressed a concern expressed regarding the use of a church building in the Town Seal. He said that the Town Seal is appropriate since there is no cross or other religious symbol, rather it is just a building. 7. MATTERS TO BE PRESENTED BY THE TOWN ATTORNEY. Mr. Wolfe introduced Robert Gale as a new member of his law firm. Mr. Wolfe also indicated that he would like to have a Closed Session. Page 29 of 47

30 8. MATTERS TO BE PRESENTED BY THE MAYOR, BOARD OF ALDERMEN. Alderman Crews mentioned the sewer issue on Lindsay Street. Mr. Swisher said that he noticed the problem seemed to be corrected but may have returned. Mr. Hatling said he would obtain the report from the City/County Utility Commission. Mayor Pro Tem Shifflette said that the signage for the new hospital is located at NC 66 because the Macy Grove Road interchange had not yet been constructed. She said that NCDOT is willing to move the signs but will not cover the cost of about $8,000 to $10,000. She said that the hospital is willing to pay for half of that cost if the Town will pay for the other half. Mr. Swisher stated that the signs on NC 66 at Business 40 will be removed but that the signs at Interstate 40 will remain. He confirmed that Macy Grove Road is a much quicker route to the hospital from Business 40. He also said that the hospital will pay for additional signs on Macy Grove Road. Mayor Pro Tem Shifflette made a Motion to approve the expenditure. Alderman Neal seconded the motion. The vote was 5-0 in favor of the motion. Alderman Pinnix stated that the Kernersville Museum needs to be ADA compliant to whatever extent is reasonably possible. He said that the Board of Directors for the Kernersville Museum will be meeting soon to discuss this. The Mayor and the Board recognized Mr. Wolfe for receiving the Order of the Long Leaf Pine. Mayor Pro Tem Shifflette made the following Motion to enter into Closed Session at 8:50 PM. It is my understanding, Madam Mayor, 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. I therefore move, Madam Mayor that the Board go into Closed Session to confer with our Legal Counsel under the Attorney-Client privilege. Alderman Thompson seconded the motion. The vote was 5-0 in favor of the motion. The Board returned to Open Session at 9:55 PM. Page 30 of 47

31 9. ADJOURNMENT. Alderman Crews made a Motion to adjourn the meeting at 9:56 PM. Mayor Pro Tem Shifflette seconded the motion. The vote was 5-0 in favor of the motion. Being no further business to come before the Board, the meeting was adjourned. Attest: Dawn H. Morgan, Mayor 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 October 4, This the day of, Keith Hooker, Town Clerk Page 31 of 47

32 Municipal Records Retention Schedule Amendment Amending the Municipal Records Retention and Disposition Schedule published September 10, STANDARD6. EMERGENCYSERVICESAND FIREDEPARTMENTRECORDS Amending Item 3, 911 Recordings as shown on substitute page 41 and Item 18 Emergency Notifications ' as shown on substitute page 43. STANDARD9. LAWENFORCEMENTRECORDS Amending item 136, Law Enforcement Audioand Video Recordings, as shown on substitute page 90. APPROVAL RECOMMENDED City/Town Clerk ~ ChiefAdministrative Of?cer/ City Manager Sarah APPROVED E. Koonts, Director Divisionof Archivesand Records Mayor Susan W. Kluttz,Secretary Department of Natural and Cultural Resources Municipality: October 1, 2016 Page 32 of 47

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36 Susan. Municipal. Records Retention Schedule Amendment Amending the Municipal Records Retention and Disposition-Schedule publishedseptember 10, STANDARD9. LAWENFORCEMENTRECORDS STANDARD12. PERSONNELRECORDS Amending Item 19, Employee EligibilityRecords, as shown on substitute page 105. Superseded October 1, 2016 APPROVAL RECOMMENDED ChiefAdministrative Officer/ City Manager -City/TownClerk APPROVED maaso(gig Sarah E. Koonts, Director Divisionof Archivesand Records Mayor ' W. Kluttz,Secretary Department of Cultural Resources January 5, 2015 Page 36 of 47

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38 Municipal RecordsRetention ScheduleAmendment Amendingthe MunicipalRecordsRetention and DispositionSchedulepublished September 10, STANDARD4. BUDGET,FISCALANDPAYROLLRECORDS Amending item 32 Escheatand UnclaimedProperty Fileas shown on substitute page 29. STANDARD12. PERSONNELRECORDS Superseded Adding item 1-AAccreditationRecords as shown on substitute page 101. Amenelingitem19 Ei-npioyeeEligibilityRecords-asshownonsubstitutepage-1:95. Ianuary 5, 2015 Amending items 36 FamilyMedical Leave Act (FMLA)Records, 42 Leave File,and 43 Leave Without Pay Fileas shown on substitute pages APPROVALRECOMMENDED City/TownClerk ChiefAdministrativeOfficer] City Manager Sarah E. Koonts, Director Divisionof Archivesand Records APPROVED Mayor mm 750 Susan W. Kiuttz,Secretary Department of CulturalResources August 29, 2013 Municipality Page 38 of 47

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43 DIRECTIONALSIGNS NORTH CAROLINA TRAFFIC FORSYTH COUNTY NORTH CAROLINA DEPARTMENT OF TRANSPORTATION AGREEMENT DATE: 10/6/2016 AND WBS Elements: TOWN OF KERNERSVILLE THIS AGREEMENT is made and entered into on the last date executed below, between the North Carolina Department of Transportation, an agency of the State of North Carolina, hereinafter referred to as the Department" and the Town of Kernersville, hereinafter referred to as the Municipality". WITNESSETH: WHEREAS, the Department and the Municipality propose to make certain public information improvements/traffic control improvements under said project , in Forsyth County; and, WHEREAS, the Municipality has agreed set out. to participate in the actual cost of the project as hereinafter NOW, THEREFORE, the parties hereto, each in consideration of the promises and undertakings of the other as herein provided, do hereby covenant and agree, each with the other, as follows: SCOPE OF WORK 1. The Project consists of the relocation, fabrication and installation of Hospital Directional signs at the Macy Grove/US 421 Interchange in Forsyth County. DESIGN 2. The Department shall design, fabricate and provide the necessary labor for the installation of the signs. Said work shall be accomplished in accordance with Departmental standards and specifications, and all local codes and ordinances. UTILITIES AND RIGHT OF WAY 3. It is understood by the parties hereto that all work shall be contained within the existing right of way and that there are no utilities in conflict with the installation of the signs. However, should it Agreement ID# Page 43 of 47

44 become necessary, the Municipalityshall be responsible for providingany additional right of way and relocate any utilities, at no expense or liabilitywhatsoeverlo the Department. FUNDING 4. The Municipality shall submit a check for $8,000 to the Department's Division Engineer upon partial execution of this agreement by the Municipality. The Municipality will pay a lump sum payment of $8,000 and the Department agrees to cover any costs that exceed this amount. No funds willbe returned to the Municipality. MAINTENANCE 5. During the life of these directional signs, the Department shall be solely responsible for all maintenance and replacement costs associated with the signs and supports due to damage, deterioration or loss, at no expense or liability to the Department. 6. It is understood by the Department that should the installation of any of these directional signs become problematic, the signs may be removed at the Department's sole discretion, and the Department willbe responsible for any cost incurred by the Department associated with the removal of the signs. 7. In the event the signs require relocation or removal for highway construction, reconstruction, maintenance or safety, the Department shall be given the option to remove or relocate the signs immediately upon noti?cation by the Department, at no expense to the Department. ADDITIONAL PROVISIONS 8. By Executive Order 24, issued by Governor Perdue, and N.C. G.S , it is unlawful for any vendor or contractor ( i.e. architect, bidder, contractor, construction manager, design professional, engineer, landlord, offeror, seller, subcontractor, supplier, or vendor), to make gifts orto give favors to any State employee of the Governor s Cabinet Agencies (i.e., Administration, Commerce, Correction, Crime Control and Public Safety, Cultural Resources, Environment and Natural Resources, Health and Human Services, Juvenile Justice and Delinquency Prevention, Revenue, Transportation, and the Office of the Governor). 9. Pursuant to G , any person identified as engaging in investment activities in Iran, determined by appearing on the Final Divestment List created by the State Treasurer pursuant to G.S , is ineligible to contract with the State of North Carolina or any political subdivision of the State. The Iran Divestment Act of 2015, GS et seq. requires that each vendor, Agreement ID# Page 44 of 47