AGENDA  Henderson City Council Regular Monday 12July 2021 6:00 p.m. 134 Rose. Avenue Henderson, North Carolina  R.G.(Chick) Young, Jr. Council Chambers, Municipal Building  Mayor and City Council Members Mayor Eddie Ellington, Presiding Councilmember Marion B. Williams Councilmember Sara M. Coffey Councilmember William Burnette Councilmember D. Michael Rainey E. Terrell Blackmon, City Manager D. Rix Edwards, City Attorney Esther. J. McCrackin, City Clerk CALL TO ORDER ROLL CALL  Councilmember Melissa Elliott Councilmember Garry D. Daeke Councilmember Jason A. Spriggs Councilmember Ola' Thorpe-Cooper  City Officials  INVOCATION AND PLEDGE OF ALLEGIANCE  OPENING REMARKS  In order to provide for the highest standards of ethical behavior and Transparency in Governance as well as provide for good and open government, the City Council has approved Core Values regarding Ethical Behavior' and Transparency in Governance. The Mayor now inquires as to whether any Council Member knows of any conflict ofi interest, or appearance of conflict, with respect to matters before the City Council. If any Council Member knows of a conflict of interest, or appearance of  conflict, please state so at this time.  Core Value 4: Ethical Behavior: We value the public trust and will perform our duties and responsibilities with the highest levels ofintegrity, honesty, trustworthiness and professionalism. 2 Core Value 10: Transparency in Governance: We value transparency in the governance  and operations of the City.  12July 2021 Agenda Page 10 of10    ADJUSTMENTS TO AND/OR APPROVAL OF THE AGENDA  APPROVAL OF MINUTES 14June 2021 Regular Meeting Minutes PRESENTATIONS/RECOGNITIONS a) Duke Presentation by Mr. Fred. Johnson  PUBLIC HEARING  CAF21-73 Amending City Code Chapter 26, Zoning Ordinance, and Subdivision  Ordinance Regarding Land Use Regulations to Comply with North Carolina  General Statues 160D  Requested. By: Development Services Director Corey Williams  Explanation: The General Assembly has enacted significant legislation affecting planning and  development regulations in North Carolina. North Carolina General Statutes 160D (NCGSS 160D), a new chapter of the General Statutes, consolidates the prior City and County enabling authority and implements new legislation that reforms and clarifies planning and development regulations. These changes require updates to the City's development regulations by July 1, 2021. The Land Use Regulations of the Zoning and Subdivision Ordinance, and portions of the City Code must be amended The proposed changes developed by Insight Planning & Development, consultants hired to assist in the required NCGS $160D changes, required a Comprehensive Plan  inc order to be in compliance ofl North Carolina Statues.  update and creation ofthe Unified Development Ordinance.  Fiscal Note: The estimate for the 160D compliance, Comprehensive Plan update, and Unified Recommendation: The Planning Board met on June 21, 2021, and unanimously approved the  Development Ordinance is $99,000.  recommendation to amend the Zoning Ordinance, Subdivision Ordinance, and  Chapter 26 oft the City Code. Planning Board Minutes 160D Ordinance Summary Revisions  Attachments: Ordinance 21-19  12. July 2021 Agenda Page 2of10    PUBLIC COMMENT PERIOD ON AGENDA ITEMS  Citizens may only speak on Agenda items at this time. Citizens wishing to address the Council must sign-in on a form provided by the City Clerk prior to the beginning of the meeting. The sign-in form is located on the podium. When recognized by the Mayor, come forward to the podium, state your name, address and if you are a city resident. Please review the Citizen  Comment Guidelines that are provided below.  NEW BUSINESS  CAF21-76 Authorizing the Removal or Demolition of 832 Champion Street for Failure  to Comply with Minimum Housing Code (Chapter 21)  Requested. By:Development Services Director Corey Williams  Explanation: 832 Champion Street is in a serious state of dilapidation. The dwelling  foundation is in question due to deteriorated piers, stacked dry concrete block holding sections of the floor system, rotted wood seals, and the floor system separating from the walls. In addition, it requires rewiring and new plumbing. A complete rehab of the dwelling must be done to make it habitable. The owner, Misael San Juan de Jesus of Henderson, has not complied with the order to repair The proper enforcement procedures have been followed in accordance with Chapter 21 of the Minimum Housing Code and North Carolina General Statues. City Attorney D. Rix Edwards has reviewed the enforcement process, and in order toj proceed, an Ordinance of Demolition needs to be adopted by the City Council  ord demolish the dwelling issued March 16, 2020.  to demolish the structure and remove the debris.  Fiscal Note: Estimated cost of demolition is $6,400  Recommendation: Approve the demolition for 832 Champion Street  Attachments: Ordinance 21-20  Code Enforcement Case CE19-0719  Citizen Comment Guidelines for Agenda Items  The Mayor and City Council welcome and encourage citizens to attend City Council meetings and to offer comments on matters of concern to 1) Citizens are requested tol limit their comments tof five minutes; however, the Mayor, atl his discretion, may limit comments to three minutes 2) Comments should be presented ina a civil manner and ber non-personal in nature, fact-based andi issue oriented. Except fort the public hearing 4) Topics requiring further investigation willl ber referred tot the appropriate city official, Council Committee or agency and may, ifi in order, be 5) Individual personnel issues are confidential by law and will not be discussed. Complaints relative tos specifici individuals aret to be directed to 6) Comments involving matters related toa and on-going police investigative matter and/ort the courts system will not be permitted; and 7) Citizens should not expect specific Council action, deliberation and/or comment on subject matter brought up during the public comment  them. Citizens are requestedt tor review the following public comment guidelines priort to addressing the City Council,  should there appeart tob bea al large number of people wishingt toa address the Council; comment period, citizens must speak for themselves during the public comment periods;  3) Citizens may noty yieldt their time toa another person; scheduled for a future meeting agenda; the City Manager;  section unless and until itl has been scheduled as al business item ona a future meeting agenda.  12. July 2021 Agenda Page 3 of10    CAF21-77 Authorizing the Removal or Demolition of 1022 Maple Street for Failure to  Comply with Minimum Housing Code (Chapter 21)  Requested. By:Development Services Director Corey Williams  Explanation: 1022 Maple Street is in a serious state of dilapidation. The dwelling has been  vacant since March 2015, due to fire damage and will require rewiring and new plumbing along with a complete rehab oft the dwelling to make it habitable. There are large amounts of debris and junk on the property. The owner, Ann Vick Roberson ofHenderson, has not complied with the order to repair or demolish the The proper enforcement procedures have been followed in accordance with Chapter 21 of the Minimum Housing Code and North Carolina General Statues. City Attorney D. Rix Edwards has reviewed the enforcement process, and in order toj proceed, an Ordinance of Demolition needs to be adopted by the City Council  dwelling issued March 3, 2021.  to demolish the structure and remove the debris.  Fiscal Note: The estimated cost of the demolition is $9,500. This estimate includes asbestos  siding removal.  Recommendation: Approve the demolition for 1022 Maple Street  Attachments: Ordinance 21-21  Code Enforcement Case CE19-00330  CAF21-78 Authorizing the Removal or Demolition of 553 Spring Street for Failure to  Comply with Minimum Housing Code (Chapter 21)  Requested By:Development Services Director Corey Williams  Explanation: 553 Spring Street is in a serious state of dilapidation. The dwelling has been  vacant for many years and heavy vegetation has taken over the property. It requires rewiring and new plumbing along with a complete rehab to make the dwelling habitable. The owners, Plummer Bailey and wife Bridget Bailey of Henderson, have not complied with the order to repair or demolish the dwelling The proper enforcement procedures have been followed in accordance with Chapter 21 of the Minimum Housing Code and North Carolina General Statues. City Attorney D. Rix Edwards has reviewed the enforcement process, and in order toj proceed, an Ordinance of Demolition needs to be adopted by the City Council  issued February 14, 2020.  to demolish the structure and remove the debris.  Fiscal Note: Estimated cost of demolition is $5,000  12. July 2021 Agenda Page 4 of10    Recommendation: Approve the demolition for 553 Spring Street  Attachments: Ordinance 21-23  Code Enforcement Case CE19-0257  CAF21-80 Ratifying the Submission ofa a Grant Application to the Bureau ofJustice  Assistance for a Body-Worn Camera System  Requested. By:Police ChiefMarcus Barrow  Explanation: The Henderson Police Department (HPD) is seeking grant funding in the amount  of$48,958 from the Bureau of. Justice Assistance (BJA) to fund the purchase of Body-worn Cameras along with a server and hardware to download, review and store video data. This grant requires a 1:1 match by the grantee. The HPD prepared a detailed grant proposal that includes a formulation of policies and procedures which are based on the Commission on Accreditation for Law Enforcement Agencies (CALEA) best practices and NC State General Statute Ifawarded, the $48,958 in federal funding would be required to be drawn down through the JustGrants system into a Special Grant Project Account and local matching funds would also be required to be moved to this account. The Police Department requests the use oflocal funding or possible Asset Forfeiture funding Preliminary grant information was entered into the grants.gov website previous to the July 7, 2021 deadline. The final grant application is due. July 26, 2021. The grant runs from October 1, 2021 to at least September 30, 2022 for Federal Fiscal  132-1.4A. Law enforcement agency recordings.  toj provide the local matching funds for this grant.  Year 2021-2022.  Fiscal. Note: The Police Department will be requesting to use local funding or possible Asset  Forfeiture funding to provide the local matching funds for this grant.  Recommendation: Staffrecommends approval of ratifying this grant application  Attachments: Resolution 21-56  12July 2021 Agenda Page 5 of10    CAF21-81 Submission of an Application to the US Department of Justice Bureau of  Justice Assistance 2021 Justice Assistance Grant to Fund Three WatchGuard  In-Car Video Camera Systems  Requested. By:Police ChiefMarcus Barrow  Explanation: The Henderson Police Department (HPD) is seeking funding from the US  Department of. Justice Bureau of] Justice Assistance (BJA)2021 Justice Assistance Grant (JAG) program to fund the purchase of three (3) WatchGuard" In-Car Video Camera systems to be installed in new vehicles being purchased for the This grant does not require matching funds and it must be divided with the Vance County Sheriff's Office as a "disparate jurisdiction" per BJAJAG guidelines. The full amount allocated by the BJA is $21,599. If awarded, the funds will be divided with the Sheriff's Office as has been done in the past with 60% being allocated to the City of Henderson and 40% allocated to Vance County. Under this dispersion, the City of Henderson would receive $12,960 and Vance County The BJA requires agencies receiving funds to be divided with a disparate jurisdiction to complete a Memorandum of Understanding (MOU). A MOU between the City of Henderson and Vance County is included and has been The grant application must be approved by City Council prior to being submitted to the BJA and a time for public comment must be provided. The application is due for submission to the BJA on or before 9 August 2021. The anticipated notification date, if the grant is accepted, is 30 September 2021. The grant terms would be the same as the Federal Budget Year for 2021-2022: October 1, 2021 to  HPD Patrol Unit.  would receive $8,639.  forwarded to the Vance County Board of Commissioners.  September 30, 2022.  Fiscal Note: A Grant Project Budget Ordinance for the full amount of the grant will be  required per BJA JAG instructions to maintain funding in an account separate  from the agency's regular budget.  Recommendation: Staffrecommends: approval to submit of this grant application.  Attachments: Resolution 21-57  12. July 2021 Agenda Page 6of11    CONSENT AGENDA  All matters listed under the Consent Agenda are considered to be routine or have been previously discussed, and can be approved in one motion, unless a Council Member asks for separate  consideration of an item.  CAF21-71 Providing for the Disposition of a Jointly Owned Property by the City and  County Identified as 0 Boothe Avenue, Recorded in Vance County Tax Deed Book 1279, Page 0494, Further Identified as PIN # 0084 03007  Requested By:City Manager E. Terrell Blackmon  Explanation: Vance County Board of Commissioners received an offer to purchase the property  located at 0 Boothe Avenue. The sale of the property will be taken before the The offer to purchase 0 Boothe Avenue is $1,440. The assessed tax value is $3,600. Unpaid County taxes total $349.62 and the unpaid City taxes total $236.85 for a total of $586.47 in unpaid taxes. There is also $188.53 in accumulated interest and $2,155 in Attorney fees associated with this property. the understanding upon the sale that the proceeds will be shared on a pro rata  Vance County Board during their July 2021 meeting.  Fiscal Note: IfCouncil approves the transfer of this property to Vance County, it will be with  basis.  Recommendation: Staffrecommends: transferring this property.  Attachments: Resolution 21-52  Offer to Purchase Copy of Deed Map  12. July 2021 Agenda Page 7of10    CAF21-72 Providing for the Disposition of a Jointly Owned Property by the City and  County Identified as 815 Water Street, Recorded in Vance County Tax Deed Book 1218, Page 0304, Further Identified as PIN # 0069 04020  Requested By: City Manager E. Terrell Blackmon  Explanation: Vance County Board ofCommissioners received an offer to purchase the property  located at 815 Water Street. The sale of the property will be taken before the The offer to purchase 815 Water Street is $8,000. The assessed tax value is $18,984. Unpaid County taxes total $1,401.33 and the unpaid City taxes total $977.58 for a total of $2,378.91 in unpaid taxes. There is also $905.09 in accumulated interest and $2,640 in Attorney fees associated with this property. the understanding upon the sale that the proceeds will be shared on a pro rata  Vance County Board during their. July 2021 meeting.  Fiscal Note: IfCouncil approves the transfer of this property to Vance County, it will be with  basis.  Recommendation: Staffrecommends: transferring this property.  Attachments: Resolution 21-53  Offer tol Purchase Copy ofDeed Map  12. July 2021 Agenda Page 8 of11    CAF21-74 Providing for the Disposition of a Jointly Owned Property by the City and  County Identified as OE. Rockspring Street, Recorded in Vance County Tax Deed Book 1285, Page 0411, Further Identified as PIN # 0078 06001  Requested By: City Manager E. Terrell Blackmon  Explanation: Vance County Board of Commissioners received an offer to purchase the property  located at 0 E. Rockspring Street. The sale of the property will be taken before The offer to purchase 0 E. Rockspring Street is $2,053. The assessed tax value is $5,133. Unpaid County taxes total $463 and the unpaid City taxes total $1,111 for a total of $1,574 in unpaid taxes. There is also $779 in accumulated interest  the Vance County Board during their July 2021 meeting.  and $2,160 in Attorney fees associated with this property.  Fiscal Note: IfCouncil approves the transfer ofthis property to Vance County, it will be with  the understanding upon the sale that the proceeds will be shared on aj pro rata  basis.  Recommendation: Staff recommends transferring this property.  Attachments: Resolution 21-54  Offer to Purchase Copy of] Deed Map  CAF21-75 Appointment to the Perry Memorial Library Board ofTrustees  Requested. By: City Clerk Esther McCrackin  Explanation: The Boards and Commissions Committee reviewed one application for the  Library Board of Trustees and it was the consensus of the committee members to recommend the following for the one vacant seat on the Perry Memorial Library Patricia (Trish) Kay Bean, 3414 Cameron Drive - Appointment to the Perry Memorial Library Board ofTrustees to serve as a Full Member with a three-year  Board of Trustees.  term expiring June 30, 2024.  Fiscal Note: None  Recommendation: Ifapproved, the City Clerk will send a letter ofnotification to the appointee  Attachments: Resolution 21-55  Application  12July 2021 Agenda Page 9 of11    CAF21-79 Tax Releases and Refunds for the Month ofl May 2021.  Requested. By: Finance Director Joey Fuqua  Explanation: The Vance County Tax office submitted the following tax releases and refunds to  the Finance Department for the month of May 2021. These records are found to  be in order and are being recommended for approval.  Fiscal. Note: May 2021 Tax Releases & Refunds Name Real & Personal Property Releases Blackwell, Edward Real & Personal Property Releases Total Real & Personal Property Refunds Real & Personal Property Refunds Total  Reason  M Tax Year  Amount $ $ $ $ $ $ $ $  Personal Property Billed Inl Error  2020  55.30 55.30  Audit Discoveries Miscellaneous Audit Discoveries Total Total Refunds, Releases, & Discoveries  Gap Bill Discoveries  2021  3,189.74 3,189.74 3,245.04  Recommendation: Approval of the Tax Releases and Refunds for May 2021.  PUBLIC COMMENT PERIOD ON NON-AGENDA ITEMS  Citizens may only speak on non-Agenda items at this time. Citizens wishing to address the Council must sign-in on a form provided by the City Clerk prior to the beginning of the meeting. The sign-in form is located on the podium. When recognized by the Mayor, come forward to the podium, state your name, address and if you are a city resident. Please review the Citizen  Comment Guidelines that are provided below.* Citizen Comment Guidelines for Non-Agenda Items  Thel Mayor and City Council welcome and encourage citizens to attend City Council meetings and to offer comments oni matters of concern to 1) Citizens are requested tol limit their comments tof five minutes; however, thel Mayor, at his discretion, may limit comments tot three minutes 2) Comments should be presented ina a civil manner and ber non-personal inr nature, fact-based: and issue oriented. Except for the public hearing 4) Topics requiring further investigation will be referred to the: appropriate city official, Council Committee or agency and may, ifin order, be 5) Individual personnel issues are confidential by law and will not be discussed. Complaints relative tos specifici individuals aret to be directed to 6) Comments involving matters related to an on-going policei investigative matter and/or the courts system will not! bep permitted; and 7) Citizens should not expect specific Council action, deliberation and/or comment on subject matter brought up during the public comment  them. Citizens are requestedt tor review the following public comment guidelines priort toa addressing the City Council.  shouldt there appeart tob beal larger number ofp people wishing to address the Council; comment period, citizens must speak for themselves duringt the public comment! periods;  3) Citizens may noty yield their time to another person; scheduled foraf future meeting agenda; the City Manager;  section unless and untili itl has beens scheduled as al business item ona ai future meeting agenda.  12July 2021 Agenda Page 10of11    REPORTS  a) Mayor/Mayor Pro-Tem (No Report) b) City Manager (No Report) c) City Attorney (No Report) d) City Clerk i.N Meeting and Events Calendar ii. E-911 Monthly Report iii. Fire Department Monthly Report iv. Public Services Monthly Report V. Recreation and Parks Monthly Report  ADJOURNMENT  12July 2021 Agenda Page 11 of11