City Council

37 February 13, 2023 The City Council of the City of Rocky Mount met this day in a regular session scheduled for 7:00 p.m. in the George W. Dudley City Council Chamber of the Frederick E. Turnage Municipal Building with Mayor C. Saunders “Sandy” Roberson, Jr. presiding. Councilmembers present: André D. Knight, Richard Joyner, T.J. Walker, Jr., Lige Daughtridge, Tom Harris and Jabaris Walker. Councilmembers absent: Reuben C. Blackwell, IV. Staff present: Peter F. Varney, Interim City Manager; Kim Batts, City Clerk; Elton Daniels, Assistant City Manager; Brad Kerr, Public Works Director; Will Deaton, Director of the Department of Development Services; Archie Jones, Director of Human Relations; Brenton Bent, Water Resources Director; Gregory Cotten, Chief Technology Officer; Latasha Hall, Director of Business and Collections Services; Tracey Drewery, Assistant Chief of Administration & Planning (Fire Department); Corey Mercer, Fire Chief; Michael Roupp, Assistant Chief of Operations; Darvin Moore, Division Chief; Ken Hunter, Assistant to the City Manager for Budget and Evaluation; Robert Hassell, Police Chief; Abdul Baloch, Chief Internal Auditor; Kevin Harris, Downtown Development Manager; Mark Adcox, Video Production Specialist; Robin Cox, Communications Specialist; Cornelia McGee, Interim Community and Business Development Director; Kena Cofield-Jones, Director of Human Resources; Kream Mosley, Deputy City Clerk; Monica Brantley, Deputy City Clerk and Richard J. Rose, City Attorney. Security Officers: Corporal Clay Wilder, Sergeant Chris Williams, and Senior Police Officer Shawn Battle. The Mayor called the meeting to order at 7:00 p.m. and requested all to stand for a moment of silent prayer. APPROVAL OF MINUTES Motion was made by Councilmember Joyner, seconded by Councilmember Harris, unanimously carried the minutes of the Regular Scheduled City Council meeting held November 14, 2022 and the Regular Scheduled Committee of the Whole meetings held on September 12 and October 10, 2022 be approved as submitted to the City Council prior to the meeting. The Committee of the Whole minutes are as follows: MINUTES OF A REGULAR SCHEDULED MEETING OF THE COMMITTEE OF THE WHOLE HELD MONDAY, SEPTEMBER 12, 2022, AT 5:00 P.M. IN THE COMMITTEE ROOM OF THE FREDERICK E. TURNAGE MUNICIPAL BUILDING WITH MAYOR PRO TEM T.J. WALKER PRESIDING: MEMBERS PRESENT: STAFF PRESENT: T.J. Walker, Mayor Pro Tem Peter F. Varney André D. Knight Kim Batts Richard Joyner Robert Hassell Lige Daughtridge Kenneth Hunter Jabaris Walker Elton Daniels Tom Harris Kirk Brown 38 Mayor C. Saunders “Sandy” Roberson, Jr. Kena Cofield-Jones Greg Cotten OTHERS PRESENT: Latasha Hall David Green, Jacobs Solutions Corey Mercer Kathryn Benson, Jacobs Solutions Richard J. Rose Kevin Harris Brad Kerr Abdul Baloch OPENING OF MEETING Mayor Pro Tem T.J. Walker called the meeting to order at 5:00 p.m. and asked that everyone observe a moment of silence to remember 9/11. COST OF SERVICE REPORT – Brenton Bent Interim City Manager Varney informed councilmembers that the City entered into an agreement with Jacobs Solutions to complete a Cost of Service and Rate Analysis (COSA) for water, sewer and stormwater services. He called Director of Water Resources, Brenton Bent to give a report. Mr. Bent reported that through the COSA he hoped to accomplish: • Fair and equitable rates and charges • Current and future affordability challenges • Consideration of operational challenges • Integrated financial planning for economic development • Building block to pursue alternative sources of capital and revenue for needed capital reinvestment Mr. Bent gave a brief overview of The Water Resources Department system responsibilities: • Water Treatment – Managing the reservoir • Water & Sewer – Supervising and maintaining the network of water pipes and sewer lines throughout the city. • Wastewater Treatment – Receiving and treating wastewater from city residents, businesses, and the 5 municipalities we serve to be cleaned and put back into the Tar River. • Water Quality Services – Ensuring we are operating according to policies and regulations. • Stormwater – Managing impact growth and runoff Mr. Bent stated that the infrastructure is aging and his presentation would highlight the challenges and key assets his department are engaging to protect it. He believes the mission of water resources is to produce the best quality water. Mr. Bent explained how the water and wastewater system are connected. He said water comes from the reservoir, it’s transported through the pump station to the water treatment plant, where solids are removed, the water is treated, disinfected, and put into the distribution system. The City’s major water assets are: • The Tar River Water Supply Reservoir − It sits on 1,6500 acres and has a storage capacity of 3 billion gallons per day. • The Sunset Avenue Plant produces 14 million gallons • The Tar River Plant produces 12 million gallons • Seven elevated water tanks with 6 million gallons • Four wells with 4 million gallons Mr. Bent stated the current water production can meet the needs of industrials or developers who come to Rocky Mount. The average  39 daily demand is 9 million gallons a day. He said in addition to citizens within the city limits, water is sold to Nashville, Whitakers and Sharpsburg serving 80,000 customers. • Regulations require that 52 million gallons of water be release daily. • During the drier months of June to October the rate is reduced to 45 million gallons per day. • If the City declares mandatory water conservation it can be reduced to 39 million gallons per day. • The City may elect to pump stored water from the Old Mill Road Quarry to offset the required release from the reservoir. Mr. Bent reported that his department is continuously working to maintain the infrastructure so that it will be more modernized and user friendly for the operators. • Upgrades at the Sunset Avenue and Tar River Reservoir Plant Water Treatment Facilities • Renovations to water tanks. • A team of water and sewer employees are focusing on replacing the two-inch galvanized steel pipes that have been buried for years with new PVC pipe. Council questions: Councilmember Daughtridge asked what percentage of the City has had pipes replaced. Councilmember Harris asked when the project will be completed. Mr. Bent responded that there are 30 miles of pipe left to replace and it will probably be completed within 10 years. It’s an ongoing effort with work being done daily by City staff. Mr. Bent reported that The Jacobs asset management study identified some critical needs of the infrastructure and rehabilitation was made at: • CDC Sewer Lift Station • NC 97 Sewer Lift Station • Beech Branch 27” Sewer Line Mr. Bent advised the Council that his department is looking at funding options for a waterline project. His plan is for the existing waterlines to be scraped and relined with a cement finish. A capital project that Mr. Bent plans to bring to the Council soon is the Old Mill Road sewer lift station. He reported that the station is vulnerable to flooding and bids are being solicited to reconstruct this station at the same location on higher ground. Mr. Bent reported the measures being taken to prevent sewer overflows: • Identifying failed joints in the sewer collection system • Smoke testing in older neighborhoods to locate bad pipeline segments/joints • Video inspecting lines with reported problems for spot repairs • Vacuuming debris from manhole and lift stations • Expanding manhole inspection program • Raising awareness on disposal of topsoil, fats, oil and grease • Implement enforcement actions against food service establishments that fail to comply 40 Councilmember Daughtridge asked if restaurants are required to have a receptable to dispose of grease Mr. Bent responded that some restaurants have a sewer receptable built into the ground. All businesses are expected to comply with sewer ordinances regarding disposal. Mr. Bent was happy to report the City has graduated from using chlorine gas to hypochlorite at both the water and wastewater plants. Making it user friendly and removing the necessity of a risk management plan. Mr. Bent introduced Mr. David Green from Jacobs Solutions to cover capital and revenue. The 3 keys takeaways Mr. Green wanted to achieve from his presentation: • Gain an understanding of basis for CIP (Capital Improvement Plan) requirements • Understand the relations of CIP requirements to revenue requirements • Understand financial plan development and projected rate increases Mr. Green explained that revenue requirements are the amount of money needed to be generated to cover the cost of the system. Revenue is produced through rates, charges and other sources of income to pay for: • Operation and maintenance • Administrative cost • Annual debt service requirements • Capital projects Mr. Green presented the 2023 Fiscal Year Budget for Water, Wastewater and Stormwater • Operating Expenses - $16.8 million • Administrative Expenses - $13 million • Debt Service - $1.4 million Mr. Green projected the City needing $72 million for improvements, maintenance, replacement and equipment over FY 2022 to FY 2027. He named cash, grants and loans as the funding sources. Mr. Green presented 3 Rate impact scenarios • Scenario 1 -No rate increase, not sustainable • Scenario 2 - No rate increase in FY 2024 ▪ Rate adjustment is determined yearly in FY 2025 to FY 2027 • Scenario 3 - No rate increase in FY 2024 ▪ Evaluate uniform rate adjustments FY 2025 to FY 2027 Mr. Green stated that compared to other utilities within a 50 mile radius the City’s rates are almost $44 less than the median. He feels there is room to raise the rates and still be competitive with other communities. Jacobs is not recommending rate increases until 2025. Key assumptions that went into the analysis • Operating and CIP Inflation Rate is 4% per year • Debt Service Coverage Ratio, 1.1x or greater • 90 days or more of cash on hand • SRF Loan: 20-year term at 2% interest rate  41 • Direct Placement: 59-month for equipment leases, 59-month to 10 year terms for other capital projects at 4% interest rate • Outside City water rates 2x Inside City rates; wastewater slightly less • No direct operating transfers to City General Fund going forward Council Questions/Comments: Councilmember Daughtridge referenced a memo from 2018 regarding transfers and asked if transfers from the enterprise fund to the general fund were being eliminated. Ken Hunter responded that in some years a positive balance was not received due to capital projects. Councilmember Daughtridge requested the Council consider increases starting in 2024 to make it less impactful on the public. He feels there may be a lesser increase if they started prior to 2025, as recommended. He asked if the $72 million requirement included yearly inflation. Mr. Green responded that the rate increases were designed to cover the predicted operating cost were inflated. Councilmember Daughtridge asked Mr. Bent if he was confident that $72 million dollars over 5 years would be enough to support the infrastructure. Mr. Bent responded that the assets management study identified the priority projects. He has an effective preventive maintenance program that is being adhered to and lifecycles of the equipment are being monitored. He is mindful of how his department spends funds and continuously looks at available options. Councilmember Harris noted that the study shows much the revenue coming from grants and asked if the Council could be certain the money would be available. Mr. Green replied that grant money will be available but that he couldn’t give exact amounts. Ken Hunter, Assistant to the City Manager for Budget and Evaluation responded that there is a substantial amount of money available, and Mr. Bent is currently working with a firm helping to secure grant funding. Councilmember Harris asked if Cost of Service analysis would be done for the other City departments. Ken Hunter responded that analysis are done regularly for electric and gas funds. Councilmember Knight thanked Mr. Bent for addressing the needs of the City’s aging infrastructure. Along with Mr. Green for the CIP report that gave the Council information and options. Councilmember Joyner expressed his appreciation to Mr. Benton for distributing sludge to area farmers. Mayor Roberson stated it appears the plan is fixed cost, the City need ensure the variable expense and the variable revenue stay on top. 42 Councilmember Daughtridge asked what percentage of the $72 million was grants. Mr. Green replied for the stormwater it was $20 million which is approximately 30%, wastewater was $30 million at 15% and water is $22 million at 1%. Councilmember Daughtridge estimated between $12 and $13 million in grants would be necessary. Mayor Pro Tem Walker asked Mr. Bent how impactful a comprehensive plan would be to locate grants for the major projects. Mr. Bent agreed that it would be impactful. He stated he has been aggressive in trying to secure grants and reported that the City has recently been awarded $400,000 to conduct a sewer study. Mayor Pro Tem Walker asked Brad Kerr, Director of Public Works about addressing high standing water and flooding in the City Mr. Kerr answered in preparation for storms crews that are sent to look for blockages and clear drains. If citizens call in to make reports, crews will go out to inspect. COMMITTEE RECOMMENDATION. Received report; no formal action. FRIENDS OF UNITY CEMETERY Mayor Pro Tem Walker stated that item 2 on the agenda was moved to the next Committee of the Whole. SHORT TERM RENTALS Interim City Manager Varney requested item 3, Short Term Rentals, be presented after Crime Statistics due to time being limited. CRIME STATISTICS - ROBERT HASSELL Chief Robert Hassell presented a summary of city-wide crime numbers to the City Council for August 2022. It was noted that the presentation covers crime incidents throughout the City, currently and in comparison, with the prior year during the same time period. The Council was advised that crime numbers are tracked by the FBI and shared with the Bureau of Justice Statistics for tracking purposes and the presentation includes investigation outcomes for violent crimes and related arrests. The presentation also included maps depicting areas of shots fired, incidences of aggravated assault and murder and highlighted efforts and successes of the Police Department to combat violent crime. An overview of PowerPoint presentation provided to the Mayor and Council includes: • National Incident-Based Reporting System (NIBRS) Part 1 crime comparisons by type were provided. Total crime numbers by months and years were reported as: Aug 1-28 Aug 1-28 Crimes/NIBRS Part 1 2021 2022 +/- YTD 2021 YTD 2022 +/- Total 160 132 -28 1174 1231 57 • September 2022 crime numbers for murders, aggravated assault and shooting into occupied building(s)/vehicle(s) (map of locations provided): o Aggravated assault cases and investigations: ▪ Aggravated assault cases = 16  43 ▪ Aggravated assault victims = 33 ▪ Number cases with multiple victims = 5 ▪ Aggravated assault arrests = 3 ▪ Aggravated assault cases cleared = 3 o Case Dispositions (total = 16): ▪ Cases cleared by arrest = 1 ▪ Inactive cases = 2 ▪ Open cases = 13 o Crime Report: ▪ Murder, aggravated assault and shooting into occupied building/vehicle: total victims = 09 *Victims with injuries = 24 *Victims without injuries = 33 o ShotSpotter and Citizen calls City-wide: ▪ Shots fired = 50 ▪ Calls resulting in shell casings found = 25 ▪ Number shell casings found = 159 ▪ Number shell casings found (year to date) = 1,736 ▪ Number of Firearms Seized = 38 ▪ Number firearms seized (year to date) = 321 ▪ Weapon violation arrests = 1 Chief Hassell provided a comparison chart for the first half of the year Jan-Jun Jan-Jun Crimes Part 1 2021 2022 +/- Total 902 958 56 To lessen larceny crimes: • Law enforcement has been working with retail establishments to make sure that appropriate actions are taken with individuals that have been banned. • Property security surveys are available at no cost to businesses and citizens. • Out of sight, out of mind brochures that contain safety tips to avoid becoming a victim, are being placed on cars. Special Operation: Narcotics, Violent Crime & Gang Unit • Traffic Stops - 49 • Citations - 63 • Warnings - 25 • Warrants Served – 18 • Currency Seized - $1,397 • Guns seized - 7 • Drugs seized: 662.83 grams of marijuana 4 bindles of heroin 8.35 grams of mushrooms 33.64 crack cocaine Community Events: • Back to School Supply Drive Collected, purchase and distributed 400 backpacks with supplies Over $12,00 raised Supplies went directly to 15 public schools • Met with Chamber of Commerce & Downtown Development Manager • Ward 3: Operation Pender Street • Cover the Cruiser (Special Olympics) 44 Councilmember Joyner thanked Chief Hassell and City staff for the walk through in his Ward. He said the citizens were elated to have them come through the community to see some of their concerns. He shared that community code violations have not been addressed since 2009 and asked that Council look at community code enforcement. COMMITTEE RECOMMENDATION. Received report; no formal action CLOSED SESSION Mayor Pro Tem Walker requested a motion for City Council to enter into a closed session for Property Acquisition. COMMITTEE RECOMMENDATION. Motion was made by Councilmember Joyner, seconded by Councilmember Daughtridge, and unanimously carried that the City Council enter into Closed Session at 6:44 p.m. The minutes of the Closed Session shall be placed on file as ESM-612 at the end of Minute Book 38 upon approval for release by the City Attorney. ************* ADJOURNMENT Without objection, the Mayor Pro Tem adjourned the meeting at 6:59 p.m. A printed copy of the PowerPoint presentations are on file in the office of the City Clerk. MINUTES OF A REGULAR SCHEDULED MEETING OF THE COMMITTEE OF THE WHOLE HELD MONDAY, October 10, 2022, AT 5:00 P.M. IN THE COMMITTEE ROOM OF THE FREDERICK E. TURNAGE MUNICIPAL BUILDING WITH MAYOR PRO TEM T.J. WALKER PRESIDING: MEMBERS PRESENT: STAFF PRESENT: T.J. Walker, Mayor Pro Tem Peter F. Varney André D. Knight* Kim Batts Reuben C. Blackwell, IV* Robert Hassell Richard Joyner* Brad Kerr Lige Daughtridge Kenneth Hunter Jabaris Walker* Elton Daniels Tom Harris Kirk Brown Mayor C. Saunders “Sandy” Roberson, Jr. Kena Cofield-Jones Greg Cotten Latasha Hall Corey Mercer Richard J. Rose Archie Jones OPENING OF MEETING Mayor Pro Tem T.J. Walker called the meeting to order at 5:00 p.m. *Councilmember Knight arrived RESERVE PARKING SPACES FOR CITY COUNCIL MEMBERS – Peter Varney Mayor Pro Tem T.J. Walker called Interim City Manager Peter Varney to address reserved parking spaces for Mayor and City  45 Councilmembers. Mr. Varney presented a plan for 8 marked spaces near the employee entrance. Councilmember Daughtridge said that it was appreciated but didn’t think permanent spaces are necessary. Mayor Roberson agreed that 8 parking spaces were not needed. *Councilmembers Jabaris Walker and Joyner arrived Mr. Varney suggested designating a few elected/representative spaces. COMMITTEE RECOMMENDATION. Received report; no formal action TRANSPORTATION ADVISORY COMMITTEE ALTERNATES – Peter Varney Mr. Varney stated that the Metropolitan Planning Organization that serves the City of Rocky Mount, the Town of Nashville, The Town of Sharpsburg and portions of Nash and Edgecombe Counties have amended their by-laws. The TAC is asking primary members to designate an alternate who will attend and vote if they will be absent. Mayor Roberson, Councilmember Blackwell and Councilmember Joyner currently serve. *Councilmember Blackwell arrived Councilmember Harris asked how often the committee meets and if there have been issues with trying to get a quorum. Brad Kerr, Director of Public Works responded that meetings are quarterly with an occasional special called meeting. He said that the City currently has 3 representatives and should preserve their number of votes. Councilmember Joyner said that he thought the board members would find an alternate themselves. Mayor Roberson responded that he thought it had been agreed that the Council would make the decision. In further discussion alternates identified to serve were: o Councilmember Harris o Councilmember Walker Councilmember Blackwell said that the member will notify the alternate and the chair if they are not going to be in attendance. COMMITTEE RECOMMENDATION. Received report; no formal action CRIME STATISTICS - ROBERT HASSELL Chief Robert Hassell presented a summary of city-wide crime numbers to the City Council for September 2022. It was noted that the presentation covers crime incidents throughout the City, currently and in comparison with the prior year during the same time period. The Council was advised that crime numbers are tracked by the FBI and shared with the Bureau of Justice Statistics for tracking purposes and the presentation includes investigation outcomes for violent crimes and related arrests. The presentation also included maps depicting areas of shots fired, incidences of aggravated assault and murder and highlighted efforts and successes of the Police Department to combat violent crime. An overview of PowerPoint presentation provided to the Mayor and Council includes: 46 • National Incident-Based Reporting System (NIBRS) Part 1 crime comparisons by type were provided. Total crime numbers by months and years were reported as: September September Crimes/NIBRS Part 1 2021 2022 +/- YTD 2021 YTD 2022 +/- Total 152 188 36 1337 1443 106 • September 2022 crime numbers for murders, aggravated assault and shooting into occupied building(s)/vehicle(s) (map of locations provided): o Aggravated assault cases and investigations: ▪ Aggravated assault cases = 24 ▪ Aggravated assault victims = 43 ▪ Number cases with multiple victims = 8 ▪ Aggravated assault arrests = 7 ▪ Aggravated assault cases cleared = 6 o Case Dispositions (total = 24): ▪ Cases cleared by arrest = 4 ▪ Exceptionally cleared = 2 ▪ Inactive cases = 4 ▪ Open cases = 14 o Crime Report: ▪ Murder, aggravated assault and shooting into occupied building/vehicle: total victims = 45 *Victims with injuries = 21 *Victims without injuries = 24 o ShotSpotter and Citizen calls City-wide: ▪ Shots fired = 74 ▪ Calls resulting in shell casings found = 86 ▪ Number shell casings found = 510 ▪ Number shell casings found (year to date) = 2,254 ▪ Number of Firearms Seized = 29 ▪ Number firearms seized (year to date) = 356 ▪ Weapon violation arrests = 4 Q1 Q2 Q3 Quarterly/Crimes Part 1 2022 2022 +/- 2022 +/- Total 476 465 -11 502 37 Chief Hassell also provided the following ShotSpotter updates for the first 3 quarters: • 561 Shots heard throughout the city • 168 alerts from ShotSpotter only • 134 Citizen and ShotSpotter He noted that calls from citizens are low and offered the following reasonings: o Citizens may be desensitized o Citizens may be aware that they live in 3 square mile radius where ShotSpotter is active o Citizens may feel previously contacting the Police had not resulted in change Councilmember Joyner stated that when citizens call in Officers come to their homes and that information becomes available in the community. Chief Hassell said people assume who calls and share those assumptions. Officers are told not to give information on who may have called. Councilmember Blackwell asked:  47 o Does not identifying yourself when calling 911 have any impact on Officers responding o Does the caller’s phone number show up when calling 911 o Is the caller’s information public Chief Hassell responded: o Callers do not have to identify themselves; officers will respond if a caller does not give a name o The name is displayed at the Emergency Center but that may not be the person on the line o A public information request can be made for a 911 audio recording. Software is used disguise the caller’s voice. Councilmember Joyner asked if scanners have access to those calls. Chief Hassell responded that police radio transmissions are encrypted. Community Events: • National Night Out October 4th Event planning • Operation Chill, an ongoing partnership with 7 Eleven to reward youth with slushy drinks • National Faith and Blue October 7-8th event planning Mayor Roberson asked about active fish table locations Chief Hassell responded that locations are still being investigated. Operators were notified of the general statue and of the illegal operation. COMMITTEE RECOMMENDATION. Received report; no formal action FIRE PUMPERS PURCHASE – Peter Varney Interim City Manager Varney presented a list of fire pumpers showing 2 are currently out of service. He stated that older models are being used to fill in. The capital improvement plan calls for one to be replaced in the next fiscal year. He recommended replacing 2 as soon as possible. He believes the need is urgent enough take from the available fund balance. Councilmember Harris asked: o if money from the fund balance been used in prior years for equipment o When will the 2 trucks be available Mr. Varney responded: o This a should be a one-time occurrence o The amounts in the funds balance have improved yearly o Ample funds will still be available o Once the order is placed, delivery is expected in 555 to 600 days. Mayor Pro Tem Walker recommended the purchase be made from the fund balance. Councilmember Blackwell noted the high mileage on the pumpers and them not being up to date on the replacement schedule. He asked if funding the 2 vehicles of out of cash instead of payments would get the department on track Mr. Varney answered that this purchase should put them back on track. He feels with the City growing, funding is going to be needed 48 in the future for a new fire station. Making a new pumper, equipment and personnel necessary. Mayor Roberson stated underwriting this with cash available makes sense and noted that in 2 years other financing options may be available. Mr. Varney said that a commitment with cash today will get the pumpers caught up. In the future short-term financing will be used to keep the fleet up to date. Councilmember Joyner asked if the City is up to date with equipment in other departments Mr. Varney reported that Environmental Services is the most far behind. Earlier in the year 2 used front loaders were purchased, that are better than the rest of the fleet. A new rear end loader was bought and 2 more are needed. Currently there are 2 unreliable rear end loaders causing collection to be behind. Parks and Recreation also has equipment that needs to be replaced. Councilmember Harris asked if funding for the new pumpers would be made upfront or by scheduled payments Chief Mercer responded that there are discounts available if it is paid in full and if multiples are purchased. Mr. Varney stated that he believes payment will be expected once the fire pumpers are available. Councilmember Daughtridge asked how Councilmembers can be assured that once a budget and CIP are approved that purchases are being made. He stated that if the budget is passed and the money is not being spent Councilmembers should made aware the purchases are not occurring. He asked if there was something that could be put in place to make sure it happens. He said it was concerning to find that something Council apporved was not executed. Councilmember Blackwell suggested a spreadsheet with a regular update. Mr. Varney explained what should happen with the capital improvement planning process, is those purchases get scheduled over 4 or 5 years. When that year comes up those things should make it into the current year’s budget if the money is available. The departments have presented their needs, but the funding was not provided. The CIP didn’t make it into the current year’s budget. Mayor Roberson said that it would be a lot of detail to look at the CIP to see whether something made it into the budget or not. Councilmember Knight wanted to assured all that the fire department can still respond to meet the needs of the City. He said that ensuring equipment is purchased is the City Manager’s role. Councilmembers would have to be notified or go through the CIP and match it up with the budget. He suggested one of the 7 councilmembers may want to consider handling that. Councilmember Joyner stated that the Councilmembers do not need to take on the day-to-day management of the City. He stated the City Council needs to trust the City Manager and staff with the day-to- day operations. He feels if something can’t be met there should be adequate reporting. City Attorney Jep Rose reminded Council that the Committee of the Whole is a discussion session and approvals are entered at the meeting.  49 Mayor Pro Tem Walker requested to add Fire Pumpers Purchase to the agenda on the October 10, 2022 Council Regular Meeting for an official vote by consensus. COMMITTEE RECOMMENDATION. Received report; by consensus, request to purchase fire pumpers added to the October 10, 2022 Regular City Council Meeting Agenda HOUSING CODE ORDINANCE UPDATE – Peter Varney Mr. Varney stated that changes made by the general assembly presented the need to review Chapter 11 of City Housing Code that was last updated in 2009. The terminology has changed for who is doing the work from community code administrator to community code supervisor. He presented the following proposed code changes: • Sec 11-5 Definitions: The definition of “abandoned structure”, “deteriorated” and “dilapidated” are based on a revised cost to repair set at 50% of tax value not 40% of tax value. Councilmember Blackwell asked the reason for the percentage change: − Legal − Industry − Requests for leniency and mitigation Mr. Varney responded he has been told: − The desire for more inspections and enforcement − The number of housed determined to be deteriorated and dilapidated are not balanced between counties o The change from 40% to 50% is intended to even that Councilmember Knight asked if this is coming from citizens. Councilmember Harris asked how often houses are evaluated. Mr. Varney replied: − The information came from City Staff − A county tax evaluation is done every 8 years Councilmember Harris noted that a house currently at 40% could continue to deteriorate for an additional 8 years. Mayor Roberson asked who makes the assessment of the repair costs and determines 50% versus 40% Mr. Varney replied that the inspectors make the determination and will get a contractor if necessary. Councilmember Joyner asked if the City has the authority to make a determination within the 8-year span Mr. Varney answered the City ordinance gives the authority to declare a house uninhabitable. After COVID, inspections are not initiated by the inspectors. They are being performed based on complaints from occupants or neighbors. Mr. Varney asked the Council if they would like to continue the practice or perform inspections when it appears necessary. Councilmember Blackwell asked: o How will this change from 40% to 50% affect the houses that have already identified 50 o How many houses are under code enforcement with a potential to be an abandoned structure, deteriorated and dilapidated o Will this provide an opportunity for people to address things that were not done previously Mr. Varney said that he could not give a number but when the change is adopted the status of some houses would change and the number subjected to enforcement will lower. Councilmember Daughtridge said that he supports modifying to meet the current state statues. He is in favor of enforcing the current codes for homes and businesses. Councilmember Blackwell stated that the complaints he receives are regarding uneven and inequitable application of the enforcement policy. Mayor Pro Tem Walker said that there are constituents who want to remain in their neighborhood and need help with information on purchase and redevelopment. He suggested community educational engagement on the foreclosure and code enforcement process. Mr. Varney responded that there is a list of foreclosure properties that have accumulated liens for unpaid taxes, mowing assessments or demolition. The City has engaged a law firm to initiate the court foreclosure process. The cost is $5,000 for each process, along with advertising and court filing fees. Mayor Pro Tem Walker asked if the City has a policy on foreclosure. Mr. Varney stated there is no written policy. The rule that he would follow is to start with those properties where the most money has accumulated, as it costs the City to foreclose. Councilmember Daughtridge stated that the figures he has from 2013 to 2021 show about $6.5 million in unpaid penalties with $689,000 being collected. Mr. Varney confirmed that City Council wanted to leave the valuation at 40%. • Sec 11-5 Definitions: The definition of “Owner” is simplified. The revised definition defines “Owner” as “the holder of the title in fee simple and every mortgage of record”. • Sec 11-9 Unsafe Conditions: Subsection b re-states the full range of enforcement power granted to community code officials Councilmember Harris asked if civil fines can be assessed what is going to be done to start collecting them. Mr. Varney replied if there a violation and no response, corrections or repairs are made, on the first day there is a $100 civil penalty issued and it accumulates at $25 a day after that. Letters are sent to violators. The City has imposed $3.7 million dollars in civil penalties over the years and none has been collected. He said that a small claims action can be filed to collect. Councilmember Harris stated that 2 fire pumpers could have been purchased if 50% of those penalties were collected. He said that efforts should be made to pursue this source of potential revenue. Councilmember Joyner asked if there is a guarantee that the money will be received if it goes to small claims court.  51 Mr. Varney answered there is no guarantee that the City will win. If they do win the person who owes the money has the choice whether to pay. If it’s not paid a judgment goes against the person not the property. Mayor Roberson asked if a lien could be filed to qualify for a UCC file. Councilmember Knight shared that the City allocated $60,000 for demolition in the 2000s and it has increased $200,000. There are many communities with numerous vacate lots. He said that he sees communities disappearing. He expressed that properties in Edgecombe that may be in better condition are assessed lower than Nash County properties and are being taken down quicker. Mayor Roberson stated that landlords who are renting these properties can be held accountable. Councilmember Blackwell asked if properties that have uncollected fees can be sorted by owner. Grouped by landlord, heir property or individual ownership. He wants to be careful with foreclosing on property because when they are put on the market whoever has the cash can obtain it. He said that neighborhoods with affordable housing are disappearing in other cities where redevelopment was not prioritized. Councilmember Knight said that he has seen a cycle of landlords donating properties once they get all the value out. Councilmember Joyner stated some communities want to be empowered and are acquiring homes in their neighborhood. Those residents are asking to cut the grass and board up homes in their community. Mr. Varney referred to whole neighborhood development, a partnership between the City and a private developer. He said it worked for the Beale Street and Happy Hill neighborhoods. There are no longer whole blocks boarded up or sporadic vacant lots. Mayor Roberson stated that giving away houses is not a bad thing. 65% of Rocky Mount’s residents rent a home. He asked how do you empower residents to become a homeowner in their community. How do you redevelop communities and create an environment where people want to buy dilapidated houses and fix them up. Councilmember Blackwell stated that the community asked the City to board up open and vacant houses and it was done. He said that he is not in support of further penalizing people who do not have access to resources. He asked what happens to a house when a bank doesn’t give an 85% loan with 15% down on a property that is at 40%. He feels The Council needs to look for alternate sources of revenue to support the process and find ways to mitigate before it gets to a point where it’s unacceptable. • Sec 11-9 Unsafe Conditions: Subsection c requires inspectors to perform interior inspections as long as it is considered safe to enter a deteriorated or dilapidated structure. Both an exterior and interior inspection must be completed in order to constitute a complete housing code case. • Sec 11-10 Minimum Standards: Subsection 8 requires smoke detectors and states where they are to be placed inside the house. This replaces language that addresses what types of smoke detectors will be used. 52 • Subsection 9 is an addition that requires carbon monoxide detectors to be installed. • Sec 11-10 Minimum Standards: Subsection e regarding “space requirements” is revised to require the minimum space as determined by the North Carolina Building (Residential) Code. This applies to minimum space requirements for “sleeping rooms”. • Sec 11-13 Duties of Tenants: Staff proposed requirements for tenants are deleted. Councilmember Daughtridge disagreed with the deletion. He felt the list of duties of a tenant needs to be clear to the landlord and tenant. City Attorney, Jep Rose, advised that State Law did not need to be repeated. Interim City Manager Varney stated a reference to the State Law could be included and Councilmember Daughtridge was in agreement. Mayor Pro Tem Walker stated that discussion would continue and the remaining update items addressed at the next Committee of the Whole Meeting. COMMITTEE RECOMMENDATION. Received report; no formal action ADJOURNMENT Without objection, the Mayor Pro Tem adjourned the meeting at 6:51 p.m. A printed copy of the PowerPoint presentations are on file in the office of the City Clerk. APPROVAL OF ADDITIONS/DELETIONS TO AGENDA Mayor Roberson stated he had received the following requests to amend the agenda: • Remove Item 9K from Consent Agenda for consideration • Add report from City Attorney – Marty Clay • Add Closed Session – Personnel; Property Acquisition Motion was made by Councilmember Joyner, seconded by Councilmember Jabaris Walker, and unanimously carried that the agenda be amended as requested. COMMUNITY UPDATE BY INTERIM CITY MANAGER Interim City Manager Peter F. Varney provided the following community update. The Interim City Manager: • Stated that we are in the winter season and have experienced some colder temperatures, which is reflected in the utility bills. The city has been receiving calls requesting assistance paying these bills, so the leadership group and collections services have put together informational meetings to help the citizens understand their bills. The sessions are going to be held on 2-14, 2-16, 2-21, and 2-22 from 11:30 am to 1:30 pm on the third floor of the Frederick E. Turnage Municipal Building • Stated in these sessions usage, available assistance options will be discussed and there will be people available to answer any questions that the citizens might have  53 • Stated that on Friday, February 17 at the Booker T. Theater there will be a program held called Risen Voices, it will be an evening of spoken words and slammed poetry in honor of Black History Month • Stated that this will be held by members of the community, and it will be a free event • Stated that this Saturday at 11am the Berkshire Community is going to be celebrating the completion of a house that they have had under construction for the past few months • Stated that this is a demonstration of the concept of the Community of Wealth Building in real life RESOLUTION RECOGNIZING AND CONGRATULATING THE NORTHERN NASH FOOTBALL TEAM ON THEIR OUTSTANDING SEASON The Mayor welcomed and congratulated the Northern Nash football team on their outstanding season. Motion was made by Councilmember Daughtridge, seconded by Councilmember Jabaris Walker and unanimously carried that the following Resolution R-2023-10 entitled RESOLUTION RECOGNIZING AND CONGRATULATING THE NORTHERN NASH FOOTBALL TEAM ON THEIR OUTSTANDING SEASON be adopted: RESOLUTION RECOGNIZING AND CONGRATULATING THE NORTHERN NASH FOOTBALL TEAM ON THEIR OUTSTANDING SEASON WHEREAS, the Northern Nash Football team were undefeated in their regular season; and WHEREAS, the Knights won the Big East Conference Championship for the second year in a row; and WHEREAS, the Knights finished their season with a 6-0 record in conference play; claiming the Eastern Regional Championship; and WHEREAS, the Knights entered the State Playoffs as a number one seed establishing themselves as a top competitor; and WHEREAS, the players pushed through a challenging playoff run becoming the State Runner Up in the 2022 State Championship; and WHEREAS, Northern Nash had the most fans on its respective side of the field of any of the eight state championship game participants; and WHEREAS, a successful season such as this brought pride not only to the Northern Nash Football players themselves, but also to their families, their school and their community; and WHEREAS, while there were outstanding individual players on this Eastern Regional Championship team, the success is credited to a total team effort from the following team members: Damante' Adams-Dozier, JaQuille Arrington, Conner Baker, Allen Barnes, Trey Battle, Emanuel Bell, Nicolas Bellamy, Chason Boseman, Tairon Bullock – Cousar, Joshua Chappell, Peyton Clay, Javarion Davis, Yasin Davis-Mckinney, Jayvien Fenner, Trey Glover, Troy Golsby, Garrett Graham, Taron Hannah, Christopher Haywood, Michael Hopkins, Aquavius Horne, Samuel Huddleston, Bryson Jenkins, Carson Jenkins, Jordan Jones, Keno Jones, Hayden Joyner, Randall King, Adrian Knight, Ethan LaFrance, Azariah Loring, Briston Manning, Christon Manning, Dywhaun Mitchell, Mason Moore, Tristan Murray, Daniel O'Brien, Antonio Patton, Douglas Pender, Elijah Person, Elijay Pitt, Zhamire Pitt, Torrence Porter, Joshua Pryor, Ashton Rhodes, Decarlos Richardson, Tyler Richardson, Brandon Ricks, Triston Sigers, Jesse Smith, Rey Smith, Kaleb Staton, Barian Strickland, Davis Wells, Cullin Whitley, Tyreik Wilkins and Andrew Zipko; and WHEREAS, also contributing to the team’s success were their coaches: Andrew Farriss, Ashley Davis, Ian Fennell, Garrett Wingate, 54 Tyler Walston, Brandon Clay, Marcus Kornegay, Jacoby Bullock, John Alston, Aveon Braxton and their parents and families who provided unwavering support. NOW, THEREFORE, BE IT RESOLVED that Mayor C. Saunders Roberson, Jr. and the Rocky Mount City Council hereby congratulate the Northern Nash Football Team and its coaches for their outstanding season and conference championship; and BE IT FURTHER RESOLVED that this resolution shall be spread upon the pages of the minutes of this proceeding and a copy shall be presented to each team member, the coaches and staff and others who were instrumental in the success of their season. PETITIONS FROM THE PUBLIC The Mayor opened the meeting for petitions from the public and outlined guidelines for public petitions. He informed citizens if they listed on their sign in sheet, they were there for a public hearing that he would wait until the public hearing to recognize them. He called on the following individuals for public comment and a summary of comments is outlined below: Crystal Anderson • Stated that community issues deserve full perspective from all angles • Stated that the City has been dealing with litter issues for a while and hiring someone will not help if the community and city leaders don’t get behind the people that are hired, these efforts become costly and ineffective without much change • Stated that the community is asking that the city start enforcing fines and community service hours for individuals and businesses that don’t comply with community codes • Stated that having codes without enforcing them is like having a plan with no action • Stated that there will be trauma and resilience training on the 23rd. Cooper Blackwell • Stated that he is the president of NAACP of Rocky Mount • Stated that the community is requesting speed bumps be added in Ward 4 specifically on Starling Way and around that area. • Stated that the city is doing a great job sharing information through communications and social media. Suggested that there are other ways to share information such as city post. Which are 8 ft tall electronic boards, where the city could post the events that are coming up and then on the backside a map of the city. Greensboro currently uses this method. • Stated that the utility meetings are held during the day from 11:30-1:30 most people that are dealing with utility issues are at work during this time so he asked if the meetings would be recorded and shared via social media platforms • Stated NAACP and other community partners are requesting that process of dialogue to help them and other citizens deepen their understanding of the foreclosure plan • Stated the people that live in these neighborhoods which are the most vulnerable are most likely to be affected by the implementation of this plan so they would like to see some kind of shared agreement • Stated that they haven’t received any information about who will receive the homes and what will be done to them after foreclosure takes place • Stated that they are concerned about the rate of foreclosure and the targeted areas that they are located in. • Stated they would like to know how these plans coincide with the community revitalization plans that are already in place Councilmember T.J. Walker asked Interim City Manager Varney if there was anyone from staff that could speak on the speed bump process.  55 Interim City Manager Varney stated there was not a staff person present but there is a traffic management policy that talks about control of speeding in the community. He stated a portion of the policy covers speed bumps and the process for requesting them. He stated an individual would meet with staff in engineering to talk about the issue and then follow up with a written petition that would be circulated among the residents of the street where the issue is occurring to determine if there is support from them to install speed bumps. After that stage, there would be a study of the amount of traffic on the street among other pieces of information. Councilmember Knight asked if Interim City Manager Varney could check on the speed bump in the Hillsdale Community to see what stage it was at. Mr. Varney stated he would follow up on it. Sydney Meeks • Stated that she is a member of the NAACP. • Stated in January 2022 a neighborhood inventory and mapping undertaking was compiled by the Rocky Mount city manager and given to the council which focused on 8 under resourced inner city neighborhoods. • Stated that the data revealed 1,202 empty lots with another almost 800 properties that had either deteriorated or dilapidated in the same communities. • Stated that the actual number of properties located on the Edgecombe side of Rocky Mount with outstanding property taxes owed to the city was undetermined • Stated that there has been no process of dialogue with the community on this. • Stated that this is a target towards black neighborhoods to take citizens homes to more than likely sell them to outside investors • Stated that this will be opening the door to gentrification, which normally has negative impacts such as forced displacement and discriminatory behavior by people in power • Stated the lack of affordable housing has been made worse by the effects of gentrification. • Stated that she urges the foreclosure plan be stopped until the city government can come together with the residents to have a dialogue and come up with a strategic plan to guide implementation of this process MaryAnn Stoga • Stated that she has been a resident of Rocky Mount for almost 15 years and the ambassador for USA pickleball for Rocky Mount for about 7 years. • Stated that her primary goal is to teach and promote the sport, and she is willing to give lessons for free. • Stated that space has run out to play pickleball. • Stated that 6 of them, all senior citizens, used to play in a space in the YMCA but by the time they were done they were coughing because of the dusty air that they inhaled. • Stated that she visited the city manager and she put lines on the junior tennis courts for pickleball. • Stated that on Tuesdays and Thursdays all year long there are about 16 people that play and about 22 people that stand and watch. • Stated that she initially planned to ask if pickleball lines could be painted on the tennis courts, but she found out that would be illegal due to a grant • Stated that pickleball is the fastest growing sport not only in Rocky Mount but in Nashville and Red Oak also • Stated that she wanted people of all ages to come out and play • Stated that she would appreciate if the courts on Sunset could get pickleball lines drawn on them 56 Bronson Williams • Stated that it is Black History 2023, we will do our same events and highlight our same people, while some heroes go unnoticed or emphasized • Stated that government should work for all and not a select few • Stated that he is black 365 plus days a year. • Stated what do we do when our oppressor looks like me, we don’t call them out because you know it is already hard for us as it is, yet. Dr. King said, “We should judge a man by the content of his character not the color of his skin”, which means it is reasonable for a person to turn over the tables when the government is out of order • Stated that he hopes that the council will work together in 2023 to update its comprehensive plan, we want to see where we are going and celebrate our success • Stated that he hopes members of council and mayor are aware of House Bill 40 to prevent rioting and civil disorder • Stated Shelly Willingham elected by many folks in Rocky Mount has gone on record that he will support to override the governor’s veto if he was to veto the bill. • Stated that he will ask the council to have a resolution that they stand with the citizens giving them the opportunity to bear grievances before it’s government and to also protect rights for freedom of speech • Stated that there are more things of higher priority. • Stated that the bill is against black people as it states if you are present during a riot and $2,500 or more in damages are done you could be convicted of a felony and felons can’t vote Troy Davis • Stated that citizens are asking what is going on with the former Carlton House Complex • Stated that its past time for council to help all people and not a select few • Stated that for real development in our city, we need a plan to speak to the now and not 20 years ago • Stated we need a clear plan to incentivize developers. • Stated they acquired the hotel back in 2020 and were happy to be a part of history but now not so much • Stated that some say he is giving in to the white man, but he said he giving in to the black man • Stated that black men and women failed the community by not bringing this up to council • Stated that council failed the community by not getting the managers to explore the hotel project • Stated Cooper Blackwell spoke about speed bumps, and he supports this and requests that the citizens that live in the community support the petition • Stated that he supports tax foreclosures, we should start with out-of-town owners and deceased owners • Stated that people are tired of living next to boarded up homes • Stated that most homes that would end up on this list are vacant and have been vacant for many years • Stated that these homes are not income generators for the city • Stated North Church Street looks a mess Councilmember Knight asked Interim City Manager Varney if he had requested information on the Carlton House several times. Mr. Varney confirmed he had requested information and had received some information. Councilmember Knight asked Interim City Manager Varney if the City had invested in Starling Way?  57 Mr. Varney stated he did believe the City had invested in Starling Way a few years ago. Councilmember Knight asked Interim City Manager to confirm he had the information he needed in reference to the Carlton House. Mr. Varney confirmed he did have the information and that he has several projects in addition to the Carlton House that are in line for development agreements. He stated they just needed a little more time to be able to develop the agreements. CONSENT AGENDA A. NOTIFICATION TO COUNCIL OF INTENT AND AUTHORIZATION TO APPLY FOR A GRANT FROM THE AKC REUNITE ADOPT A K-9 COP GRANT The City Council was advised that staff wishes to apply for a $7,500 grant through the AKC Reunite Adopt A K-9 Cop Grant to be used to assist with funding the cost to replace a retiring police canine. The Police Department recently lost one of its canines to cancer. Council was advised that the cost to replace a canine is approximately $10,000. It was noted that, if received, the grant requires a local match and funding in the amount of $2,500 and is available for the match. The recommended action is to authorize submission of the grant application and authorize the Mayor and City Clerk to execute subsequent grant agreement, certifications and assurances on behalf of the City. B. FY 2022-2023 BUDGET ORDINANCE AMENDMENTS/PROJECT ORDINANCE 1. Ordinance No. O-2023-53 entitled ORDINANCE AMENDING THE BUDGET ORDINANCE FOR THE FISCAL YEAR 2022-2023 FOR FIREHOUSE SUBS PUBLIC SAFETY FOUNDATION GRANT (appropriates funds award by the Firehouse Subs Public Safety Foundation in General Fund for the procurement of an all-terrain vehicle (ATV) for Fire Department - $24,198; 2. Ordinance No. O-2023-54 entitled ORDINANCE AMENDING THE BUDGET ORDINANCE FOR THE FISCAL YEAR 2022-2023 FOR INCREASED WATER TREATMENT CHEMICAL COSTS (appropriates funds in the Sewer Fund to cover unanticipated inflammation in water treatment chemicals for the remainder of the current fiscal year - $300,000; 3. Ordinance No. O-2023-55 entitled ORDINANCE AMENDING THE BUDGET ORDINANCE FOR THE FISCAL YEAR 2022-2023 FOR ADJUSTMENTS TO AGENCY FUND ACCOUNTS (appropriates funds in the Agency Canteen Fund to reflect revenues received by accounts in this fund greater than currently budgeted - $27,510; 4. Ordinance No. O-2023-56 entitled GRANT PROJECT ORDINANCE PEELE ROAD GOLDEN LEAF PROJECT GRANT PROGRAM (appropriates funds awarded by the Golden Leaf Foundation for water and sewer improvements associated with economic development activity along and in the vicinity of Peele Road – total grant funds $1,500,000 [$791,000 to Water Capital Development Fund and $709,000 to Sewer Capital Development Projects Fund]) The recommended action is to adopt the Grant Project Ordinance Closeouts. C. TRAVEL POLICY FOR OUT-OF-TOWN TRAVEL BY THE MAYOR/CITY COUNCIL 58 The City Council was provided with an out-of-town travel policy that included the following amendments to guidance for out-of-town travel: • 3.3 Out of town travel by the Mayor or members of the City Council requires approval by the City Council except for: o Any classes, programs or meetings at the North Carolina School of Government in Chapel Hill, North Carolina or ai1y other location hosted by the School of Government o Annual meetings of the North Carolina League of Municipalities, ElectriCities, National League of Cities. or U.S. Conference of Mayors o The meeting of any committee or board to which the Mayor or any City Council member may be appointed or elected representing the City or the region in which the City is located such as a member of the North Carolina Eastern Municipal Power Agency or a representative of Region 5 for the No1th Carolina League of Municipalities Legislative Advisory Committee o Any conferences or training events that are specifically listed in the adopted budget o Any travel for the purpose of attracting, promoting, recruiting or exploring economic development opportunities • 4.6 The City Clerk will arrange for the most economical and reasonable mode of transportation for long-distance travel by the Mayor or member of the City Council. The City will reimburse the cost of travel by the Mayor or members of the City Council using personally owned vehicles. • 5.3 The City Clerk will gather receipts and documentation for travel by the Mayor and members of the City Council and will submit the appropriate forms required to secure reimbursement. The recommended action is that the amendments to the Travel and Training policy be approved. D1. ANNEXATION NO. 330/MASON & PEARCE PROPERTY [S. HALIFAX RD.] PIN(s) 373911670078U, 373911760759U, 373912766624U, 373912769624, 373912861673U, 373910453202U, 373911651836U (CONTIGUOUS) The City Council received a petition for annexation from the property owner of Mason & Pearce Property [S. Halifax Rd.] PIN(s) 373911670078U, 373911760759U, 373912766624U, 373912769624, 373912861673U, 373910453202U, 373911651836U, contiguous parcels. The recommended action is that Resolution No. R-2023-11 entitled RESOLUTION ORDERING THE CITY CLERK TO INVESTIGATE THE SUFFICIENCY OF A PETITION FOR ANNEXATION OF A CONTIGUOUS AREA INTO THE CORPORATE LIMITS OF THE CITY OF ROCKY MOUNT/ ANNEXATION NO. 330 MASON & PEARCE PROPERTY [S. HALIFAX RD.] PIN(s) 373911670078U, 373911760759U, 373912766624U, 373912769624, 373912861673U, 373910453202U, 373911651836U be adopted.  59 D2. ANNEXATION NO. 331 - ARROW ROAD – PIN(s) 38212070909730, 382120707931,382120707221 (CONTIGUOUS) The City Council received a petition for annexation from the property owner of Arrow Road – Pin(S) 38212070909730, 382120707931, 382120707221, contiguous parcels. The recommended action is that Resolution No. R-2023-12 entitled RESOLUTION ORDERING THE CITY CLERK TO INVESTIGATE THE SUFFICIENCY OF A PETITION FOR ANNEXATION OF A CONTIGUOUS AREA INTO THE CORPORATE LIMITS OF THE CITY OF ROCKY MOUNT/ ANNEXATION NO. 331 - ARROW ROAD – PIN(s) 38212070909730, 382120707931,382120707221 (CONTIGUOUS) be adopted. 9E. RESOLUTION AND AGREEMENT FOR NORTH CAROLINA DEPARTMENT OF COMMERCE RURAL TRANSFORMATION GRANT PROGRAM FOR DOWNTOWN REVITALIZATION The City Council approved a request for submission of a grant application to the North Carolina Department of Commerce's Rural Transformation Grant Program for Downtown Revitalization in the amount of $940,000 on October 24, 2022. City Council was informed the City’s application was awarded in the amount of $800,000. The North Carolina Department of Commerce is requesting a resolution be adopted authorizing the original submission for funding in the amount of $940,000 for their records. It was noted the total budget for the improvements would be decreased to $1,070,00 due to the grant funding being received from the North Carolina Department of Commerce and that the City’s investment would be reduced to $270,000 (which represents 25% of the project total). The recommended action is that Resolution No. R-2023-13 entitled CITY OF ROCKY MOUNT RESOLUTION APPLICATION FOR NORTH CAROLINA DEPARTMENT OF COMMERCE RURAL TRANSFORMATION GRANT FUND RURAL ENGAGEMENT & INVESTMENT PROGRAM (SAFETY AND ECONOMIC DEVELOPMENT THROUGH STREETSCAPE) be adopted, which authorized staff to submit the original grant application; and authorize the Mayor and City Clerk to Execute Any Required Documentation, including Certifications and Subsequent Grant Agreement on Behalf of the City. 9F. DOWNTOWN BUILDING ASSISTANCE AGREEMENT WITH MF TRIANGLE, LLC (MFT) The City Council received a request to consider a Downtown Building Assistance Agreement with MF Triangle, LLC (MFT). MFT recently acquired the property at 138 SW Main Street that has been a distressed property for several years. City Council was advised that MFT was proposing to renovate and modernize the building to create three (3) market rate apartments and one (1) commercial storefront space to continue the momentum in the City to renovate aging downtown buildings. City Council was also informed the renovations to the 8250 square foot property would include every aspect of the building. The repairs would address extensive water damage, roof structure repairs and a wall 60 rebuild. It was noted that MFT was working with Braddock & Associates as General Contractor on the project and the total cost of the renovation is $530,000. Staff provided City Council with a proposal to bundle the following incentives: • Accelerated Facade grants (front & rear) $ 10,000 • Roof Repair and Replacement $ 20,000 • Downtown Building Assistance $ 40,000 • Residential Production $ 22,500 • Development Incentive (advance) $ 7,500 Total Incentives: $100,000 The recommended action is for the Downtown Building Assistance Agreement (C-2023-3) with the MF Triangle, LLC (MFT) be approved and the Mayor and City Clerk be authorized to execute the agreement on behalf of the City. 9G. POSITION CLASSIFICATION AND PAY PLAN AMENDMENTS The City Council received a recommendation for the following amendments to the City’s Pay and Classification Plan for the improvement of the Police Department operations: a. That the following new positions and assigned ranges be approved for inclusion in the City's Personnel Pay and Classification Plan: Department Division Position Qty Pay Annual Range Range Police Support Services Virtual Call Center 4 10 $36,117.90- Technician $54,176.85 Police Support Services Virtual Call Center 1 12 $39,819.98- Supervisor $59,729.98 Police Administration Public Information 1 18 $53,362.59- Officer $80,043.88 Police Administration Quartermaster 1 15 $46,096.61- $69,144.91 Police Criminal Investigation Victim’s Advocate 1 18 $56,030.72- $84,046.08 Police Criminal Investigation Forensic Technician 4 13 $41,810.98- $62,716.48 It was noted that the full-year cost for the positions in the next fiscal year will be $615,000. The recommended action is that Resolution No. R-2023-14 entitled RESOLUTION APPROVING AMENDMENTS TO POSITION CLASSIFICATION AND PAY PLAN be adopted. 9H. MEMORANDUMS OF UNDERSTANDING/NASH COUNTY PUBLIC SCHOOLS - RESOURCE OFFICER PROGRAM The City Council was provided an updated Memorandums of Understanding between the City of Rocky Mount and Nash County Public Schools (NCPS) to provide an additional five (5) school resource officers. Under the current agreement, Nash County Public Schools  61 pays 100% of the salaries and benefits for all of the police officers assigned as SROs in the schools within Rocky Mount City limits. The City Council was informed that NCPS applied for and received a grant to fund additional SRO officers to cover additional schools. The City Council was also informed that the updated agreement states the City of Rocky Mount will provide eleven (11) SRO officers for the 2022-2023 and 2023-2024 schools years at the following schools: • Edwards Middle School (one officer) • Parker Middle School (one officer) • Rocky Mount Middle School/CITI High School (one officer) • Rocky Mount High School (two officers) • Nash Central High School (one officer) • Tar River Academy (one officer) • Fairview Elementary School/D. S. Johnson Elementary School (one officer) • Baskerville Elementary School/Williford Elementary School (one officer) • Winstead Avenue Elementary School/Englewood Elementary School (one officer) • Benvenue Elementary School/Other Elementary Schools as Assigned (one officer) City Council was informed that the number of sworn officers in the police department would need to be expanded by five (5) positions to provide the additional officers for NCPS. The recommended action is that the updated Memorandums of Understanding with Nash County Public Schools be approved; that the Mayor and City Clerk be authorized to execute the agreement on behalf of the City and that the additional five (5) positions for the SRO officers be approved for the Police Department The updated Memorandums of Understanding will be filed with the original contracts (C-2017-44) in the City Clerk’s Office. 9I. REZONING REQUEST The City Council was informed the public hearing for the following rezoning request was held on January 9, 2023 and action was postponed until the legal description was received: • Request by Grey Berry (F & B Development Company) to rezone portions of PIN 373912861673U, 373912769624, 373912766624U and 373911670078U near S. Halifax Road totaling ± 7.08 acres from A-1 and R-6 The recommended action is that Ordinance No. O-2023-57 entitled ORDINANCE AMENDING THE LAND DEVELOPMENT CODE AND MAP OF THE CITY OF ROCKY MOUNT be adopted. 9J. NORTH CAROLINA COOPERATIVE LIQUID ASSETS SECURITIES SYSTEM (NC CLASS) The City Council was informed that pursuant to Administrative Policy III.7 and NCGS 159-30, the City is permitted to deposit and invest idle funds. The City Council was provided the following information: • The City has invested idle funds with the North Carolina Capital Management Trust (NCCMT) for many years 62 • A new fund has recently become available for investment of idle funds called Nort Carolina Cooperative Liquid Assets Security System (NC CLASS) • NC CLASS is established by Interlocal Agreement where participating units of local government pool their idle funds for investment purposes • NC CLASS is managed by Public Trust Advisors, a Colorado-based company • Pursuant to the City’s investment policy, no more than 10 percent of its idle funds may be invested with NC CLASS The recommended action is that R-2023-15 entitled RESOLUTION TO PARTICIPATE IN NORTH CAROLINA COOPERATIVE LIQUID ASSETS SECURITIES SYSTEMS be adopted. The resolution authorizes the City to participate in NC CLASS. 9K. CONSIDERATION OF BIDS Item was removed from the Consent Agenda for consideration. Motion was made by Councilmember Joyner, seconded by Councilmember Jabaris Walker and unanimously carried that the recommendation of the Consent Agenda be approved inclusive of the adoption of the ordinances and resolutions; authorization for staff to submit grant application; and for the Mayor, City Clerk and/or appropriate staff to execute required documentation, including final application and subsequent grant agreement certifications and assurances on behalf of the City; approval of travel policy amendments and acknowledging receipt of petitions of annexations. REBID/15 KV CIRCUIT BREAKERS FOR SUBSTATION NO. 1 The City Council received the tabulation of bids received on a bid for 15 KV Circuit Breakers for Substation No. 1. Bids were received and opened January 13, 2023 after all necessary legal requirements had been implemented and the bid tabulation is on file in the office of the City Clerk as BD-2023-5. The solicitation was posted on the City’s purchasing webpage, the HUB website, and the North Carolina Interactive Purchasing System website. Motion was made by Councilmember Daughtridge, seconded by Councilmember Joyner, and unanimously carried that the bid be awarded to ABB @ a total cost of $194,648 and that the Purchasing Division be authorized to issue a purchase order for in accordance with the Council’s award. PROPERTY AND CASUALTY INSURANCE BROKER SELECTION The City Council received a proposal from bids received relative to the City’s property and casualty insurance. The solicitation was posted on the City’s purchasing webpage, the HUB website, and the North Carolina Interactive Purchasing System website. The information furnished by the Purchasing Division supporting the recommendation will be placed on file in the office of the City Clerk as BD-2023-6.  63 Motion was made by Councilmember Daughtridge, seconded by Councilmember Joyner, and unanimously carried that the bid be awarded to Surry Insurance @ a cost of $22,500 per year for a (5) five year contract totaling $112,500 and that the Mayor and City Clerk be authorized to execute the bid contract on behalf of the City. AUDIT SERVICES The City Council received a proposal from bids received relative to the City’s Audit Services. The firms sent requests for bids were selected from a list provided by the Local Government Commission (LGC). The information furnished by the Purchasing Division supporting the recommendation will be placed on file in the office of the City Clerk as BD-2023-7. Motion was made by Councilmember Daughtridge, seconded by Councilmember Joyner, and unanimously carried that the bid contract be awarded to Mauldin & Jenkins, LLC for a (3) three year period @ a cost of $117,000 for the first year, $99,000 for the second year and $115,000 for the third year (total cost for 3 years = $319,500) and that the Mayor and City Clerk be authorized to execute the bid contract on behalf of the City. CITY COUNCIL COMMENTS/DISCUSSION Councilmember Daughtridge stated he asked to remove this from the consent agenda to have discussion about the new broker being from out of town but being the lowest bidder and then the selection of the audit firm not being the lowest bidder. He stated he was in support of a new audit firm being selected since the City has used the same one for at least the last 10 years. Councilmember Harris expressed thanks to the City Manager, Interim Finance Director and the Accounting Manager, Heather Daniel, for their review of the bids for the accounting firm and he hopes the new firm will render an opinion on the effectiveness of the City’s internal controls. Councilmember Knight asked the following: • if there had been a problem with the prior audit firm • asked of the selection was based on some of the councilmembers requesting a new audit firm • asked if this practice would be used with other bids in the future even if the vendor did not have the lowest bid Interim City Manager Varney responded with the following: • the City had no issues with the prior audit firm • it is generally considered a good practice to change auditing firms on a periodic basis PLANNING BOARD RECOMMENDATIONS The City Council received the minutes and recommendations from a Planning Board meeting held January 10, 2023. The minutes are on file in the office of the City Clerk. The following action was taken upon the recommendations of the Planning Board: 64 A. PUBLIC HEARING/REZONING REQUEST The Mayor opened a public hearing relative to the following rezoning request recommended for approval and found in compliance with the Comprehensive Plan by the Planning Board: • Request by Amanda Flora (Flora’s Jewelry, Inc.) to rezone ± 1.23-acre parcel located at 3321 Sunset Avenue from O-I to B- 2CD Will Deaton, Director of Development Services, gave an overview of the request and stated there was no opposition at the Planning Board Public Hearing. No one from the public appeared and the Mayor declared the public hearing closed. Motion was made by Councilmember Joyner, seconded by Councilmember Daughtridge, and unanimously carried that Ordinance No. O-2023-58 entitled ORDINANCE AMENDING THE LAND DEVELOPMENT CODE AND MAP OF THE CITY OF ROCKY MOUNT be adopted. CITY COUNCIL MEETING/CANCELLATION Consideration was given by the City Council of canceling the regular Council meeting scheduled for March 27, 2023, due to the National League of Cities Congressional City Conference. Motion was made by Councilmember Jabaris Walker, seconded by Councilmember Joyner, and unanimously carried that the regular City Council meeting scheduled for March 27, 2023, be canceled. APPOINTMENTS Councilmember Joyner nominated Morgan Courtney for the Redevelopment Commission. Councilmember Daughtridge nominated Amanda Barrett for the Ward 5 vacancy on the Utility Service Review Board; Bob League for reappointment to the Braswell Memorial Library board and Councilmember Reuben Blackwell for reappointment to the Tar River Transit Governing Board. Councilmember Jabaris Walker nominated Tilda Whitaker-Bailey for the Board of Adjustment. Councilmember T.J. Walker requested James Tharin, who is currently serving as an alternate member for the Board of Adjustment, be placed as the Ward 4 member due to his residence being in Ward 4. Motion was made by Councilmember Daughtridge, seconded by Councilmember Joyner, and unanimously carried that the nominations be approved. No action was taken to fill the remaining vacancies on the City’s Boards, Commissions and Committees. REPORT OF LITIGATION SETTLEMENT (ADDED TO AGENDA IN OPEN MEETING) City Attorney Richard J. Rose reported to the City Council on the settlement of a claim that former employee Bobby M. Clay brought against the City. He stated that Mr. Clay was employed in the Police  65 Department until November of 2020, then applied for employment with the City in January 2021 as chief of police and was not offered the position. He stated that Mr. Clay subsequently filed suit against the City. Mr. Rose stated under the terms of the settlement, the City would pay the gross amount of $251,185. He stated the settlement would be payable as follows: $82,500 to Mr. Clay’s legal counsel; $1,185 to the mediator in the case, which is Mr. Clay’s portion of the mediator fees (the City paid the same amount); and the gross amount of $167,500 to Mr. Clay, which is subject to all lawful withholdings. CLOSED SESSION(ADDED TO AGENDA IN OPEN MEETING) A Closed Session was requested relative to matters concerning personnel and property acquisition. Motion was made by Councilmember Joyner, seconded by Councilmember Knight and unanimously carried that the City Council enter into Closed Session at 7:48 p.m. The minutes of the Closed Session shall be filed as ESM-627 at the end of Minute Book 38 upon approval for release by the City Attorney. ADJOURNMENT There being no further business, by consensus, the meeting was adjourned at 8:23 p.m. _______________________________ Kim Batts City Clerk