City ofl Mount. Airy Regular Board Meeting June 6, 2024 6:00 pm  Council Chamber Municipal Building 300 South Main Street Mount Airy, N.C.  AMENDED AGENDA  Welcome and Call to Order.. Invocation.. Pledge of Allegiance..  Mayor Cawley Mayor Cawley Everyone  Items for Discussion and Possible Action  1.) APPROVAL OF AMENDED AGENDA:  2.) CONSENT AGENDA: The consent agenda is comprised of matters of routine business that do not require discussion by the Board. Items included on this agenda are indicated with an asterisk (*) and will all be considered with one motion by the Board. Should a Board member wish to remove an item from the consent  agenda, that item will be considered ini its listed place on the agenda. a) **Approval ofl Minutes: "April 18, 2024 Regular Meeting  -May 2, 2024 Regular Meeting  b) **Resolution Setting Public Hearing for Public Investment of Funds to "Project Vista": Resolution No. c) **Resolution Setting Public Hearing for Request to Rezone and Annex Property Located at 178 Strickland d) **Resolution Directing Clerk to Investigate Petition for Annexation: Resolution No. 2024-085 e) **Resolution Setting Public Hearing for City Zoning Ordinance Amendments Pertaining to Pain Management Clinics and Residential Care Facilities: Resolution No. 2024-086 f) **Ordinance Amending City ofl Mount Airy Personnel Policy: Ordinance No 2024-045  2024-083  Farm Lane: Resolution No. 2024-084  3.) OLD BUSINESS  a) Approval of Fiscal Year 2024-2025 Budget:  FY 2024-2025 Budget Ordinance: Ordinance No. 2024-040 ii. Levying Privilege Licenses for Fiscal Year Beginning July 1, 2024: iii. Adopting Financial Plan for Internal Service Fund Fiscal Year 2024-2025: iv. Amending Schedule of Fees: Resolution No. 2024-078  Ordinance No. 2024-041 Resolution No. 2024-077  4.) SPECIAL. RECOGNITIONS: 5.) PUBLIC HEARINGS: 6.) PRESENTATIONS: 7.) PUBLIC: FORUM: 9.) NEW: BUSINESS:  a) Request for Municipal Service District Boundary Expansion  8.) ITEMS REMOVED FROM CONSENT AGENDA:  a) Resolution Approving Cooperative Agreement Between NC Wildlife Resources Commission, City of Mt. Airy, and County of Surry for Public Fishing Access Area: Resolution No. 2024-087 b) Resolution Awarding Spencer's Mill Site Redevelopment: Phase III Contract: Resolution No. 2024-088 c) Ordinance to Extend Municipal Service District Boundary: Ordinance No. 2024-046  10.) OTHER BUSINESS:    11.) REMARKS BY OFFICIALS:  a. City Council b. City Manager C. City Attorney  12.) CLARIFICATIONREBUTTAL BY MAYOR AND CITY COUNCIL:  13.) CLOSED SESSION: 14.) ADJOURNMENT:  a) Pursuant to NCGS 143-318.11()(4) Economic Development b) Pursuant to NCGS 143-318.11()(6) Personnel    MOUNT AIRY, NORTH CAROLINA REGULAR MEETING MINUTES  April 18, 2024  MEMBERS PRESENT: Mayor Jon Cawley, Commissioners Phil Thacker, Tom Koch,  Deborah Cochran, and Chad Hutchens MEMBER ABSENT: Commissioner Marie Wood  Mayor Cawley welcomed everyone and called the meeting to order.  APPROVALOF AGENDA: CONSENT AGENDA:  On motion by Commissioner Koch and passed unanimously, the agenda was approved.  On motion by Commissioner Cochran and passed unanimously, the following items were  approved by way of Consent Agenda:  APPROVALOF MARCH 7, 2024 REGULAR: MEETING: MINUTES  (end of consent agenda) SPECIAL RECOGNITION:  a) Citizens Police Academy Craduation-ChiefDale Watson  The following Citizens Police Academy graduates were presented with a Certificate of Jason Arispe, Megan Arispe, Barbara Carpenter, Tina Johnson, Rebecca Lewis, Linda Johnston, Linda Lassiter, Water Lassiter, Nancy Lewis, Emily Mauck, Bettsee McPhail, Kathy Nelson-Money, Amy Quesinberry, Jeannie Studnicki, Calvin Vaughn, Sydney Jarrell,  Completion:  Sydney Martin, Brayden Hayes, Isabella Caudle, and Emma Brady.  PUBLICHEARINGS: Reduction:  a) City of Mount Airy Code of Ordinances Amendment-Board of Adjustment Member Andy Goodall, Planning Director, spoke in reference to the proposed ordinance amendment reducing the membership of the Board of Adjustment from nine members to seven members.  Mayor Cawley declared this public hearing open.  David Hall, 237 Jackson Road (city resident): Spoke in favor for the ordinance amendment.  Seeing no other speakers, Mayor Cawley declared this public hearing closed. b) City of Mount Airy Code ofOrdinances Amendment-IohacoVape/Hemp Stores: Andy Goodall, Planning Director, reviewed the proposed ordinance amendment regarding  tobaccolvape/hemp stores.  1    Mayor Cawley declared this publie hearing open.  Cody Holland: Has worked for tobacco shops for seven years and made it his mission to help people to quit smoking/vaping or help people stop using illegal drugs turning to safer legal options. He approves of this regulation but he cautions the regulation of their inventory because the non-tobacco items actually pay the bills. Cutting the non-tobacco inventory to 25% will hurt more than help the problem. He also shed some light on the problem with parents, grandparents, friends of legal age who are buying for underage people. He proposes to make tobacco shops purchase software that will scan ID's for every transaction-this will hold people accountable. Ifthe store is selling items to underage people, then they need tol be  punished.  Seeing no other speakers, Mayor Cawley declared this public hearing closed. a) Tourism Report: Jessica Roberts, Mount Airy' TDA Executive Director Jessica Roberts reviewed the highlights of the Quarterly Tourism Report.  PRESENTATIONS:  PUBLIC FORUM:  Mayor Cawley declared the publie forum open for comments.  Larry Johnson, Surry County Commissioner, (non-city resident): Mentioned there are a lot of great things happening in Mount Airy and he is especially excited about the Citizens Police Academy. Impressed with Jessica Roberts and her tourism report. Within the next couple of weeks, they will be constructing a river access at Park Drive and Hwy 601. Invited the Mayor and Board to the Special Olympics event at Mount Airy High School on Friday at David Hall, 237 Jackson Road (city resident): Reminded everyone about the Walk for Safety of Citizens and Business Owners on Saturday at 9:00 am to be held on. Main Street. Shawna Lambert, 943 North South Street (city resident): Mentioned many potholes and a possible sink hole on the road she lives on. Over the last two years, there has been at least 20 bags of hot patch placed on the pothole in front of her house, which keeps coming back. Spoke with the City Public Works Department who said they are trying to find what is causing the problem and indicated they will be working on it after schools are out for the summer. She asked the Board to consider allocating some money to this area. She also mentioned there are sewer drainage issues on Orchard Street and the Public Works Department informed her that a fiber optic company came through and caused that issue.  9:00 am.  Seeing no other speakers, Mayor Cawley declared the public forum closed. a) Resolution 024-069-Resolution Approving City Employee Health Benefits:  NEW BUSINESS:  Susan Jones, HR Director, reviewed the changes for City employee health benefits for the  upcoming FY 2024-2025.  2    On motion by Commissioner Thacker and passed unanimously, Resolution 2024-069 was  approved.  RESOLUTION NUMBER 2024-069  RESOLUTION APPROVING CITY EMPLOYEE HEALTH BENEFITS  WHEREAS, Aetna has provided health insurance to City employees for the previous year and after careful negotiations, it is staff recommendation to change health insurance carriers to Angle Health with an overall 6.25% rate decrease. Angle Health will provide two Plan 1: Health Reimbursement Account (HRA) Plan includes a supplemental plan that will Plan 2: Health Savings Account (HSA) Plan has HSA funding by the City in the amount of $2,000/employee. This plan is funded by the savings of an HSA plan for the City over a  option plans for employees to choose from (similar to the Aetna plans):  pay towards the deductible. conventional 80/20 plan.  WHEREAS, Aetna has been providing dental insurance for the City employees and it is staff recommendation to change to Companion for dental insurance with an overall 5%  rate decrease; and  WHEREAS, Community Eye Care has provided vision insurance for the City employees and it is staff recommendation to remain with Community Eye Care for vision  insurance with no proposed rate increase; and  WHEREAS, USAble has provided Group Life Insurance for City employees and it is staff recommendation to remain with USAble for Group Life Insurance with a rate increase of3.95% (USAble is the only carrier that would quote City employee Group Life coverage  due to offering part-time firefighters $10,000 in coverage); and  WHEREAS, USAble has provided Short-Term Disability for City employees and it is WHEREAS, the City has offered life insurance and voluntary benefits for City employees through multiple companies. It is staff recommendation to simplify offering City employee life insurance and voluntary benefits (Accident, Cancer, Short-Term Disability, Critical IlIness) by offering Life Insurance through USAble only and accident, cancer, short- term disability, and critical illness benefits through Bay Bridge Administrators only. The  stalfrecommendation to discontinue this coverage due tol low plan utilization; and  City will also be able to offer a Life/Long-Term Care plan:  NOW, THEREFORE BE IT RESOLVED BY THE CITY OF MOUNT AIRY  BOARD OF COMMISSIONERS MEETING IN OPEN SESSION THAT:  Section 1. The Board of Commissioners does hereby authorize the City of Mount Airy  Human Resources Director to execute all documents necessary to provide health insurance with Angle Health for Fiscal Year 2024-2025 beginning July  1,2024.  3    Section 2. The Board of Commissioners does hereby authorize the City of Mount Airy  Human Resources Director to execute all documents necessary to provide dental insurance with Companion for Fiscal Year 2024-2025 beginning July 1,  2024.  Section 3. The Board of Commissioners does hereby authorize the City of Mount Airy  Human Resources Director to execute all documents necessary to provide vision insurance with Community Eye Care for Fiscal Year 2024-2025  beginning July 1, 2024.  Section 4. The Board of Commissioners does hereby authorize the City of Mount Airy  Human Resources Director to execute all documents necessary to provide Group Life Insurance with USAble for Fiscal Year 2024-2025 beginning July  1,2024.  Section 5. The Board of Commissioners does hereby approve simplifying voluntary  benefits by offering life insurance through USAble only and by offering other voluntary benefits (accident, cancer, short-term disability, and critical illness) through Bay Bridge Administrators only. The Board authorizes the City of Mount Airy Human Resources Director to execute all documents necessary to provide these benefits for Fiscal year 2024-2025 beginning July 1, 2024.  Section 6. This resolution shall become effective upon approval. Approved and adopted this the 18th day of April, 2024.  b) Resolution 024-070-Resolation Approving City Employee Retirement Program Change: Commissioner Koch stated he would like this item tabled until the next meeting sO Susan can On motion by Commissioner Koch and passed unanimously, Resolution 2024-070 was tabled  bring back information on the rate of return for this program.  until the May 2, 2024 Regular Board Meeting.  c) Resolution 2024-071-Resolation Approving 2024 Street Resurfacing Contract: On motion by Commissioner Koch and passed unanimously, Resolution 2024-071 was  approved.  RESOLUTION NUMBER 2024-071  RESOLUTION APPROVING 2024 STREET RESURFACING CONTRACT  WHEREAS, the 2024 Street Resurfacing Project includes the resurfacing of approximately 1.6 miles of City streets to include Gordon Street, Starlite Road, Jones School Road, and  Hickory Street; and  WHEREAS, City staff advertised for bids for this project with results as follows:  4    Contractor Sowers Construction Company Carl Rose & Sons Adams Construction Company  Bid $293,731.60 $431,095.25 $589,384.27  Mount Airy, NC Elkin, NC Jefferson, NC  WHEREAS, due to rising cost of asphalt, the low bid exceeds the $251,500 amount budgeted by approximately seventeen percent (17%); therefore, City staff recommends the approval oft transferring $58,500 from Powell Bill reserves to this project; and $310,000 and will allow approximately 5% contingency funds for possible overruns: BOARD OF COMMISSIONERS MEETING IN OPEN SESSION THAT:  WHEREAS, the transfer of Powell Bill funds will bring the total cost oft the projectto NOW, THEREFORE BE IT RESOLVED BY THE CITY OF MOUNT AIRY  Section 1. The Board of Commissioners does hereby award the 2024 Street Resurfacing  Contract to Sowers Construction Company for the amount of $293,731.60 with atotal budget approval of $310,000 to allow for any possible overruns.  Section 2. The Board of Commissioners does hereby approve the transfer of $58,500 from Section 3. The Board of Commissioners does hereby authorize the Mayor to execute all  Powell Bill funds for said project.  documents relating to this project per review and approval by the City  Attorney.  Approved and adopted this the 18th day of April, 2024.  d) Ordinance 2024-036-Budget Ordinance Amendment for 2024 Street Resurfacing Projeet: On motion by Commissioner Hutchens and passed unanimously, Ordinance 2024-036 was  approved.  ORDINANCE NUMBER 2024-036 BUDGET ORDINANCE AMENDMENT  WHEREAS the City of Mount Airy adopted the 2023-24 budget on June 1, 2023; AND WHEREAS it is necessary to amend the budget ordinance in order to provide funding AND WHEREAS General Statute 159-15 oft the North Carolina Government Fiscal Control NOW,THEREPORE, be it ordained that authorization is hereby given to make the  for street resurfacing from Powell Bill funds;  Act provides authority to amend a current municipal budget;  following adjustments:  5    Increase (Decrease) 58,500 58,500 58,500 58,500  Section 1. General Fund Appropriations  Public Works  Section 2. General Fund Revenue Estimates Appropriation of Fund Balance Powell Bill Adopted this 18th day of April, 2024. Adjustment Membership:  e) Ordinance 2024-037-Ordinance Amending City Code of Ordinances-Reduce Board of On motion by Commissioner Cochran and passed unanimously, Ordinance 2024-037 was  approved.  ORDINANCE NUMBER 2024-037  ORDINANCE TO. AMEND CITY OF MOUNT AIRY CODE OF ORDINANCES  Board of Adjustment Reduction  WHEREAS, the City of Mount Airy Planning Department staff have proposed amending the Code ofOrdinances to reduce the: membership of the Board of Adjustment from nine members  to seven members:  NOW, THEREFORE, BE IT ORDAINED that Section 21.1 of the City of Mount Airy  Code of Ordinances be amended as follows: 12.1 Establishment of Board of Adjustment  Al Board of Adjustment is hereby established. Said board shall consist of seven (7) nine-(9) regular members and two (2) alternate members. Members of the Board of Adjustment shall be appointed by the Board of Commissioners of the City of Mount Airy. Terms are staggered sO that some terms expire each year. Members and alternate members may be All members shall have equal rights, privileges and duties in all matters. The concurring vote of four-fifths (4/5ths) of the board shall be necessary to grant a Variance. A majority of the members shall be required to decide any other quasi-judicial matter or to determine an Appeal made in the nature of certiorari. Vacant positions on the board and members who are disqualified from voting on a quasi-judicial matter shall not be considered members of the board for calculation of the requisite majority if there are no qualified alternates The Chair of the Board of Adjustment, or in his/her absence the acting Chair, may appoint the alternates to sit for any regular members in case of the absence or disqualification of any regular members. In such case, the alternate members shall have the same powers and duties of the regular members they are replacing during such time. In no case, however, shall more than seven (7) nine-(9) regular members or combination of regular members  reappointed for any number of successive terms.  available to take the place of such members.  6    and the alternate members be empowered to vote on any matter that comes before the BE ITFURTHER ORDAINED this ordinance shall become effective upon approval.  board.  Approved and adopted this the 18th day of April, 2024.  f) Ordinance 2024-038-Ordinance Amending City Zoning rimmelalaepllemy Commissioner Hutchens asked Andy Goodall to clarify the 25% that Mr. Holland spoke about during the public hearing. Andy stated that the 25% applies to new stores only. Existing stores will be grandfathered in if they are legally permitted. Anyone that is not legally permitted, these rules will apply. Commissioner Koch likes that these businesses have to be at least 1,000 feet from any daycare, school, church, etc. Andy indicated there were no standards, other than the zoning districts they are allowed in, prior to this ordinance. Mayor Cawley asked Andy about Mr. Holland's suggestion for software to scan identification during On motion by Commissioner Hutchens and passed unanimously, the following Statement of "The proposed amendments are consistent with the goal of establishing a sustainable land development pattern that complements the character of the City while safeguarding the health, On motion by Commissioner Thacker and passed unanimously, Ordinance 2024-038 was  Stores:  sales. Andy stated that decision is made at the state. level.  Consistency was adopted: safety and welfare ofresidents."  approved.  ORDINANCE NUMBER 2024-038  ORDINANCE TO AMEND CITY OF MOUNT AIRY ZONING ORDINANCE  lohacco/Vape/lemp Stores  WHEREAS, these proposed amendments provides standards for the establishment and operation of new tobacco/vape/hem stores (retail) within the City of Mount Airy as well as aiming to balance the needs of local businesses while safeguarding the health, safety, and welfare of  residents, particularly minors and ensuring the orderly development oft the City: Commissioners that the following Statement of Consistency is hereby adopted:  NOW, THEREFORE, BE IT ORDAINED by the City of Mount Airy Board of  Statement of Consisteney:  "The proposed amendments are consistent with the goal of establishing a sustainable land development pattern that complements the character of the City while safeguarding the health,  safety and welfare ofi residents." amended as follows:  BE IT FURTHER ORDAINED that the City of Mount Airy Zoning Ordinance be  7    M. SR * 42 $  USDIYPES  Retail Uses * lobacco/Vape/lemp Store  *  SR42  Tolaeeo/Vape/lemp Store  Such uses shall comply with the following standards:  A.  Location Requirements  1.  Nos stores shall be located within one-thousand (1000") feet- measured in a straight line from property line to property line- ofany church, public or private elementary or secondary school. No store shall be located within five-hundred (500") feet- measured in a straight line from property line to property line- from any existing residence or residentially voned property. Nos store shall be located within one-thousand (1000) feet- measured in a straight line from property line to property line- ofany other Tolcco/Vape/liemp retail store that exists or has There: shall be no more than one (1) use subject to these standards on the same parcel, group of adjacent. parcels under common ownership or tenaney or in the same building, structure  library, childcare center or public park.  2. 3.  been permitted.  4.  or portion thereof. Use Reuirements  B.  Items including but not limited to Kratom, Cannabidiol (CBD). Delta- 8, Delta-10. and similar non-tobacco related items may not account for All federal. state and local laws, rules and regulations must be adhered Loi in the operation ofs such establishments. This includes regulations pertaining to advertisements. age restrictions and legality of produets  more than twenty-five (25%) percent. of gross sales.  C.  sold.  15.4.B  Definitions Related to Adult Oriented Businesses  Tohacco/yape/lemp Store. A specialized retail establishment primarily engaged (51% or more of gross sales) in the sales and/or distribution of any of the following whether alone or in  combination:  1. Any product that. contains tobacco or nicotine, irrespective of whetherihe nicotine is tobacco-derived or synthetic, and is intended for human consumption. as defined by G.S. S 14-313(4). As used in this subchapter, "tobaceo product." inchudes, but. is not limited to, cigarettes, cigars, pipe tobacco. electronie cigarettes. e-liquids, hookah. smoked or vaped tobacco substitutes, chewing tobacco, snuff, snus, dissolvable tobacco products. and heated tobacco products. The term "tobacco product" does not  8    include nicotine replacement products approved by the USEDA for trealment of 2. Any hemp or hemp-derived consumable product or hemp-derived cannabinoid 3. Any consumer commodity product that contains mitragynine or 7- ydroxymytragynine or both, extracted from the leafofthe plant. mitragyna speciosa, 4. Any electronic device that delivers nicotine. THC or other substances to the person inhaling from the device, including. but not limited to. an electronic cigarette,  tobacco use and dependence.  producl.  commonly known as kratom.  electronic cigar. electronic pipe, vapeo or clectronic hookah.  Hemp-derived consumable product. A hemp product intended for human ingestion oT inhalation thal. contains a delta-9THCconcentration of'r not more than three-tenths of one percent. (0.3%) on adry weight. basis but may contain concentrations ofother hemp-derived cannabinoids, including CBD. CBDA. 2( CBG. CBGA, CBN. THCA. and THCP, in excess ofthat amount. This term does not iuclnde hemp products intended for topical application. or seeds or seed derived ingredients that. are generally recognized as safe by the United States Food and Drug Mhminihtratio(DA). Hemp-derived cannabinoid. Any phylocamabinoid found in hemp. including delta-9 tetmalydrocamabainal (delta-9 THC). letralydroeamnalainodlie acid (THCA), cannabidiol (CBD), cammabidiolic acid (CBDA), cannabinol (CBN), cannabigerol (CBG). camabichromene (CBC). cannabicyelol (CBL). cannabivarin (CBV). ctralydrocamalivarn (THCV). cammabidivarin (CBDV). camnabicitran (CBT). delta-7 letmalydrocmabinol (delta-7 THC), delta-8 letmalydrocammahinol TIGoral-tolatalylnsmaha delta-OTHC). This term also includes any synthetic cannabinoid derived from hemp and contained in a hemp-derived BE IT FURTHER ORDAINED this ordinance shall become effective upon approval.  Hemp product. Asdefined in G.S. 90-87.  consumable produet.  Approved and adopted this the 18th day of April, 2024.  REMARKS BY OFFICIALS: People helping people.  Commissioner Koch: There are many things that make Mount Airy great. The City staff, the organizations, and non-profits make it that way, but it is also the people that live here. Commissioner Cochran: Thanked Shawna for attending and speaking during the public forum. Thanked Commissioner Johnson for all he does for the Special Olympics. Mentioned Commissioner Thacker: Great to hear the comments from the Citizens Police Academy graduates. Thanked the Police Chief and all those who make the police department great. Was in Asheville this weekend and had five people ask where he was from with four out of Commissioner Hutchens: The NC State Water Infrastructure Authority visited this week. It was a great opportunity to learn about the water infrastructure and how to have healthy water infrastructure and water rates. Appreciates Surry County for hosting them. Attended the Uplift N.C. meeting, which is a great opportunity for business owners helping to promote tourism. Thanked Commissioner Johnson for mentioning the Special Olympics. The Second  there is Citizens Safety Academy going on now as well.  the five knowing about Mount Airy.  9    Harvest Food Bank will be distributing meals at Mount Airy High School on Saturday morning for the first 425 household'vehicles. The Mayberry Food Truck Festival is on Sunday from 11:00am until 6:00pm and the Sports Hall of Fame will be held at the Andy Darren Lewis: Will be presenting the budget message on May 2, 2024. Itis a balanced and manageable budget with staff being able to still deliver the services that citizens are used to having. Will be bringing an update on the Franklin Streetscape project along with the conjunction of the Convention Center, the Hotel development, and the Franklin Street parking lot. The City has received a grant in the amount of $475,000 from the Rural Transformation Program and $522,000 for the Franklin Street streetscape project along with the City's commitment of $500,000 for that project. Mount Airy is a great place. Yesterday, the Mayor and I made a big difference in the life of a young man that came to city hall. The Mayor Cawley: Congratulations to the Police Chief having a great Citizens Police Academy. Jessica Roberts indicated that in the last two months, there have been 50 requests for meeting spaces that Mount Airy doesn't have. This will be a great opportunity for the Convention Center. It is great to see that work has been started on the hotel. People are hired to do a job and if they don't do the job, they are replaced; however, the City employees go above and beyond on a daily basis doing things they don't have to do. It is the people, the City staff, the tourists that come to town-with everyone working to do something that will  Griffith Playhouse at 3:00pm. Mount Airy a great place tol be.  Mayor linked him up several people who could help him.  Hugh Campbell: No comments.  benefit more than themselves. ADJOURNMENT:  Onr motion by Commissioner Thacker and passed unanimously, the meeting was adjourned.  Approved and adopted this the 6th day of June, 2024.  Jon Cawley, Mayor  ATTEST:  Melissa N. Brame, City Clerk  10    MOUNT AIRY, NORTH CAROLINA REGULAR MEETING MINUTES  May 2, 2024  MEMBERS PRESENT: Mayor Jon Cawley, Commissioners Chad Hutchens, Tom Koch, Marie  Wood, Deborah Cochran, and Phil Thacker.  Mayor Cawley welcomed everyone and called the meeting to order.  APPROVALOF AGENDA: CONSENT AGENDA: by way of Consent Agenda:  On motion by Commissioner Cochran and passed unanimously, the agenda was approved.  On motion by Commissioner Koch and passed unanimously, the following items were approved  APPROVALOFI MARCH 21, 2024 REGULAR MEETING MINUTES  RESOLUTION 02-0I2-RESOLUTION SETTING PUBLIC HEARING FOR PROPOSED  FY2024-2025 BUDGET:  RESOLUTION: NUMBER 2024-072  RESOLUTION SETTING PUBLIC HEARING ON THE PROPOSED FISCAL YEAR 2024-2025  BUDGET  WHEREAS, the proposed fiscal year 2024-2025 budget for the City of Mount Airy has been presented to the Board of Commissioners (Presented May 2, 2024) and the public is encouraged to visit the City of Mount Airy's website awvmountairy.org) for public  inspection; and  WHEREAS, North Carolina General Statute 159-12 states that before adopting the budget ordinance, the board shall hold a public hearing at which time any persons who wish  tol bel heard on the budget may make comments:  NOW, THEREFORE BE IT RESOLVED BY THE CITY OF MOUNT AIRY  BOARD OF COMMISSIONERS MEETING IN OPEN SESSION THAT:  Section 1. The Board of Commissioners does hereby set a public hearing on the proposed  fiscal year 2024-2025 budget for Thursday, May 16, 2024 at 6:00 pm and  further authorizes the City Clerk to advertise said hearing.  Section 2. The Mayor and City Clerk are authorized to execute all related documents.  Section 3. This resolution shall become effective upon approval. Approved and adopted this the 2nd day of May, 2024.  1    RESOLUTION 2V2L-UI3-RESOLUTION SETTING PUBLIC HEARING FOR REQUEST TO REZONEI OURTEENFARCEISON. RIVERSIDEDRIVE. AND EAST PINESTREET:  RESOLUTION NUMBER 2024-073  RESOLUTION: SETTINGI FUBLCHEARINCFOR REQUEST: TOJ REZONEIAPARCEISON  RIVERSIDE DRIVE/EAST: PINESTREET  WHEREAS, the City ofl Mount Airy has received requests to: rezone fourteen (14) parcels located on Riverside Drive and East Pine Street (total acreage 18.5 acres) from M-1 (Industrial) to  B-2 (General Business); and  WHEREAS, the following parcels are included to be rezoned:  Address: 1. 440 East Pine Street 2. 420. East Pine Street 3. 338 East Pine Street 4. 336 East Pine Street 5. 334 East Pine Street 6. 330 East Pine Street 7. 423 East Pine Street 8. 335 East Pine Street 9. 120. North Gilmer Street 10. 137 Riverside Drive 11. 351 Riverside Drive 12. 300 Block of E. Independence. Blvd. request to thel Board of Commissioners:  PIN: 5020-12-95-6220 5020-12-95-8081 5020-12-95-4118 5020-12-95-3322 5020-12-95-2360 5020-12-95-1067 5020-12-95-1221 5020-12-85-9170 5020-12-95-2437 5020-12-95-1430 5020-12-85-7370 5020-12-85-9563 5020-12-86-7328 5020-12-86-6233  Acreage: 9.80 acres 0.56a acres 0.41 acres 0.84 acres 0.37 acres 0.59 acres 0.90 acres 0.34 acres 1.17 acres 0.83 acres 2.50 acres 0.19 acres  WHEREAS, thel Planning Board oft the City of Mount Airy has recommended approval ofthe NOW, THEREFORE BE: IT RESOLVED BYTHE CITY OF MOUNT. AIRY BOARD  OF COMMISSIONERS MEETING IN OPEN SESSION THAT:  Section 1. Section 2.  That a public hearing be scheduled for' Thursday, May 16, 2024 at 6:00 pm to hear That notice of the public hearing shall be published in the Mount Airy News, a newspaper having general circulation in the City of Mount Airy, at least ten (10)  public comments on the above-mentioned request.  days prior to the date oft the public hearing. This resolution shall become effective upon approval.  Section 3.  Approved and adopted this the 2nd day of May, 2024.  (end of consent agenda) SPECIAL RECOGNITIONS: a) AGORA Award: Barbara Oliver  2    Mayor Cawley read the AGORA Award-Resolution of Recognition and presented it to Barbara Oliver acknowledging her impact on the community through historic preservation and keeping Mount Airy beautiful. Mayor Cawley also presented to Ms. Oliver a Key to the  City.  b) Historic Preservation Month Proclamation  Mayor Cawley read the proclamation declaring the month of May as Historic Preservation Month and presented it to the Mount Airy Historic Preservation Commission members.  PUBLIC FORUM:  Mayor Cawley declared the public forum open for comments.  Carol Burke, Lebanon Street: Expressed appreciation for all the many years of support for Historic Preservation. She praised the Board for helping designating the Satterfield House as al local historic landmark noting there is continued work being done to restore this property. She mentioned the Satterfield House is being recognized statewide as a site for the Booker' T. Washington trail with his birthplace being in Virginia. They want the first stop to be in Mount Airy to look at this site along with many other historical sites in Mount Airy. Calvin Vaughn, 600 Merritt Street (city resident): Expressed his appreciation to those who participated in the National Day of Prayer Program. Thanked Commissioner Wood for reading the Proclamation. The Board has demonstrated commitment to the community and Craig Smith, 235 Pineview Drive (city resident): Concerned about safety on the greenway. He suggested not to extend the greenway but use that money to make the current greenway safer. Whatever the city council can do to make the greenway a safer place is a good talking point. He appreciates what the police are doing to keep everyone safe-maybe they can Alan Bagshaw, 1022 N. Main Street (city resident): Lives, works, and owns a business in the City. Thanked Commissioner Cochran for mentioning the Citizen's Safety Academy-there have been two sessions held. The Community Night Out was a great event. They were able to hand out information to individuals getting them involved in mental health and were able to link several people to some services. Shared some information from the McKinney Vento Act from the Surry County School System-as of April 11, 2024, there are 80 kids who are homeless (to be considered homeless means they can be sheltered or unsheltered). Out of these numbers, there are 31 elementary, 17 middle school, and 32 high school students. He asked how can anyone stand on city grounds and blame the homeless for the events that have happened. How are they verified as being homeless? He has already requested some information trying to verify that homeless people are being dropped off in Mount Airy. John Pritchard, 128 Ridgecrest Drive (city resident): Mentioned that when at Halls Propane, he saw a man come from the greenway wearing a torn shirt, no shoes, and mud from head to toe who approached people asking for money. When he didn't get what he wanted, he ventured back to the greenway and at that same time, a woman came walking down the  their leadership in serving the city is a blessing.  consider using an all-terrain vehicle to travel the greenway.  Criminals are: not all homeless and not all homeless are criminals.  3    greenway. What would have happened if they both met in a wooded area on the greenway Mount Airy has a lot to be proud of. What is the point of small towns all looking the same and not being unique? Hearing different ideas for Main Street, he suggests not to change He saw an old trash truck this morning, which means the automatic truck is broken. Several years ago, the board made the decision to purchase automatic trucks and in the next fiscal year budget, there is the purchase of a new recycling truck. These are very complicated machines and he hopes the decision makers will think long and hard about this before  because the man didn't look like he was in his right mind. something that Mount Airy has that is unique.  investing the money into a truck that may or may not do the job. Seeing no other speakers, Mayor Cawley declared the public forum closed.  OLD BUSINESS:  a) Resolution 2024-070-Resolation Approving City Employee Retirement Program Change: On motion by Commissioner Hutchens and passed unanimously, Resolution 2024-070 was Darren Lewis stated staff has reached out to the state representative, Donnie Dutton, who handles the 401K and the 457 plans for the city. The rate of return for these plans cannot be determined because these plans are self-directed with employees making their own decisions on how and what to invest. He feels it is a good move for the City of Mount Airy to go in this On motion by Commissioner Koch and passed unanimously, Resolution 2024-070 was  taken off the table for discussion.  direction. Commissioner Koch thanked Darren for this information.  approved.  RESOLUTION NUMBER 2024-070  RESOLUTION APPROVING 457 RETIREMENT PLAN THROUGH EMPOWER  WHEREAS, the City of Mount Airy currently has two 457 plans with only 7 WHEREAS, The City wishes to dissolve these two plans and offer a 457-retirement plan through Empower-a qualified defined contribution plan offered through the State of  employees who participate between the two plans; and  North Carolina-to City employees; and  WHEREAS, the State of North Carolina has established the North Carolina Public Employee Deferred Compensation Plan, a qualified governmental Deferred Compensation Plan under Internal Revenue Code S 457(b) for public employees of North Carolina:  NOW, THEREFORE be it resolved that the City of Mount Airy has adopted the North Carolina Public Employee Deferred Compensation Plan also known as "NC Deferred Comp" under the terms of the Plan Document and the Third-Party Administrator Agreement. All City employees shall become eligible to defer compensation beginning July 1,  2024.  This resolution shall become effective upon approval.  4    Approved and adopted this the 2nd day of May, 2024.  NEW BUSINESS:  a) Resolution 2024-074-Resolution Setting Public lCearing-Consideration of Municipal Service Bryan Grote MAD, Inc. President gave a brief presentation on this request. MAD, Inc is required to periodically review the boundary of the district and to recommend any changes. MAD, Inc. is recommending adding two parcels that are currently occupied by the Mount Airy News. The reason this property was excluded from the MSD boundary is they were manufacturing, but manufacturing is no longer occurring on this site. Also, Mount Airy News is planning to relocate. To adjust the boundary, it requires a public hearing along with an extension report that has to be completed and an ordinance to extend the MSD boundary. The MAD, Inc Board of Directors have voted to recommend a boundary expansion and request that the City Board of Commissioners set a public hearing on June 6, 2024 to On motion by Commissioner Cochran and passed unanimously, Resolution 2024-074 was  District Boundary Expansion:  consider this recommendation.  approved.  RESOLUTION! INUMBER 2024-074  RESOLUTION: SETTING! PUBLIC. HEARING  ENPANSIONOFTHEMUNICPALSERVICEI DISTRICTCONSIDERATION WHEREAS, the Municipal Service District (MSD) was created in 1975 encompassing WHEREAS, the City of Mount Airy Board of Commissioners have received a request from Mount Airy Downtown, Inc. to set a public hearing for proposed expansion of the  much oft the Central Business District in the downtown area; and  Municipal Service District (MSD); and  WHEREAS, a report detailing the proposed expansion will be available for public WHEREAS, the properties included in the expansion request are as follows:  inspection in the office of the City Clerk at City Hall; and  Owner: Parcels: Acreage:  APG Real Properties of Mount Airy, LLC (Occupied by the Mount  Airy News) 0.82. Acres  5020-11-75-4656 and 5020-11-4716  0.44 Acres  NOW, THEREFORE BE IT RESOLVED BY THE CITY OF MOUNT AIRY  BOARD OF COMMISSIONERS MEETING IN OPEN SESSION THAT:  Section 1. That a public hearing be scheduled for, June 6, 2024 to hear public comment on Section 2. That all effected property owners shall be given written notice at least four  the above listed item.  weeks prior to the public hearing.  5    Section 3. That notice oft the public hearing shall be published in the Mount Airy News, a  newspaper having general circulation in the City of Mount Airy, at least one  week prior to the date oft the public hearing.  Section 4. This resolution shall become effective upon approval. Approved and adopted this the 2nd day ofl May, 2024.  b) Resolution 2024-075-Resolation Authorizing Agreement for Legal Services: Darren Lewis stated this resolution approves renewing the contract for legal services with Campbell Law Group at the annual rate of $55,000 to be paid in monthly installments. On motion by Commissioner Thacker and passed unanimously, Resolution 2024-075 was  approved.  RESOLUTION NUMBER 2024-075  RESOLUTION AUTHORIZING AGREEMENT: FOR LEGALSERVICES  WHEREAS, for many years, Campbell Law Group, LLC has provided general legal  representation for the City of] Mount Airy; and  WHEREAS, Hugh Campbell is a member/manager oft the said: firm; and  WHEREAS, it is staff recommendation for approval of the. Agreement for Legal Services with Campbell Law Group, LLCat the annual rate of $55,000 to be paid in monthly installments;  and  WHEREAS, the term ofs said agreement shall expire June 30, 2025 and will thereafter be  renewed on an annual basis by thel Board, unless terminated by either party:  Section 1. Section 2. Section 3.  The Board of Commissioners does hereby approve the Agreement for Legal Services between the City of Mount Airy and Campbell Law Group, LLC. The Board of Commissioners does hereby authorize the Mayor to execute said  agreement.  This resolution shall become effective upon approval.  Approved and adopted this the 2nd day of May, 2024. c) Franklin Street Streetseape Update:  Darren Lewis updated the Board on the Franklin Street Streetscape Project. This project is in the beginning stages and this is currently one of the largest parking areas with the convention center and hotel being there. Mount Airy is fortunate tol be a recipient of multiple grants for this project with the total being $3.5 million that will be invested in the Franklin Street Streetscape Project. He and the Mayor will be visiting businesses on Franklin Street and Main Street to update them with the project. With the parking lot upgrade and the streetscape upgrade, the primary focus will be accessibility and hopefully add parking to the downtown area. They hope to also bury the power lines from Willow Street to Main Street  6    along with widening the sidewalks and making them ADA accessible. This project will be a  great enhancement for visitors and citizens. d) City Manager to Present Proposed FY 2024-2025:  Darren Lewis presented the FY 2024-2025 Budget. Thank you for allowing me to present the Budget Message for FY 2024-2025. The staff and I have incorporated your directives from the Strategic Planning Meeting that was held in February to create a balanced budget as staff prioritized the needs in each department and some wants as well sO we will be able to continue to provide the needed services that our businesses, residents, and visitors have grown accustomed to. We feel like it is a budget that we can manage well and will continue to The General Fund Budget is balanced without using any Fund Balance with revenues projected to be at $17,353,500 and the Expenditure to be $17,386,000 with the difference being $32,500 and that is related to the Powell Bill Funds and the Drug Funds. This budget also includes the Police Department being fully staffed including the two positions that you allocated mid-budget year and the other two positions that were eliminated in last year's budget. This will allow them to be a bigger presence to continue with their great work that they do of keeping our community safe and make a larger impact in our community. This will bring our total full-time employees to 169. As proposed, each employee (full-time) will receive a 2% cost of living raise effective July 1, 2024. We will continue to contract with Benchmark Planning for our planning services. All of this progress is made with the tax rate Our Capital Investment Fund will allow us to reinvest in the capital needs within the departments. A few of these capital projects are additional police cars, a recycling truck, ballfield lights at Westwood Park, paving Rockford Street, paving the Fire Department parking lot, and a few others. This will also allow us to continue the development of the Franklin Street Streetscape Project that I just spoke about. We appreciate the insight of each of you to recognize the importance of reinvesting in our capital needs for the City of Mount Airy. I would highly recommend us to continue to host the strategic planning meetings to do some of that on the front end and then allow myself, Pam, and Sherri Coalson The Water and Sewer Fund revenues are projected to be at $7,089,750 and the expenditures at $7,593,500. This will allow us to be able to invest in much needed infrastructure at our facilities and also work on some of the aging water and sewer line infrastructure. As voted on during the strategic planning meeting, this will include a 5% increase for the water and sewer Our General Fund Balance is strong and stable as we anticipated at the end of the fiscal year Thank you for trusting me to lead the city and surround me with outstanding staff who will provide these needed services that make Mount Airy a great place to visit, live, work, play, stay, and shop. We will hold a public hearing on May 16, 2024 for public comments about the budget. We look forward to any questions they may have. Please reach out to myself or Pam prior to the public hearing if you have any specific questions and we will try to get you that information before the public hearing. We want to educate everyone and be as transparent as  provide these needed services.  remaining at $0.60 with minimum fee increases.  tol help develop the budget and bring to you each year.  rates.  with a balance ofs $14,372,000 and the Water and Sewer Fund $5,444,000.  we can with this budget moving forward.  7    REMARKS BY OFFICIALS:  Commissioner Hutchens: It has been a busy few weeks with a lot happening in Mount Airy. The Community Night Out was a great experience. Mount Airy citizens really showed up for Commissioner Koch: Thoughts and prayers for the eight injured and fallen officers in Charlotte. Bad things do happen. Thanks to all the police, fire, and military for all they do to Commissioner Wood: Thanked Calvin Vaughn for his comments during the public forum. She feels the City has worked very hard to make the city and the greenway a safe environment. The city is not going downhill-Mount Airy is wonderful. The City has great staff and an excellent police department. There is always an opportunity for somebody that wants to do Darren Lewis: Feels Mount Airy is in a great place. Some of these projects and programs within the city limits and surrounding areas are outstanding. The Community Night Out was great. Mount Airy is a safe community-there are still challenges but are working to overcome Pam Stone: Introduced Sherri Coalson as the City's Finance Director. Sherri brings a wealth of experience and knowledge in municipal finance having previously worked in the Finance Department for eleven years. Her journey began in 2011 as the Revenue Collections Assistant. In 2014, she assumed the role of'Tax Collector achieving a high collection rate. She was further promoted to Staff Accountant in 2019. Her experience and proven track record Hugh Campbell: Thanked the Board and community members for allowing him to continue Mayor Cawley: Appreciates those who take time to speak during the public forum. Sometimes it takes discipline not to respond and he appreciates this Board showing that discipline. Thanked Jeannie Studnicki for the design on the cover of the budget message. It is wonderful  this event.  help and keep everyone safe. Commissioner Cochran: No comments.  wrong to do wrong, but the City handles it the best that they can.  Commissioner Thacker: No comments.  these challenges.  make her a valuable addition to the City.  tos serve as city attorney.  to live in a city that other people want to visit.  ADJOURNMENT:  On motion by Commissioner Wood and passed unanimously, the meeting was adjourned.  Approved and adopted this the 6th day of. June, 2024.  Jon Cawley, Mayor  ATTEST:  Melissa N. Brame, City Clerk  8    RESOLUTION NUMBER 2024-083  RESOLUTION SETTING PUBLIC HEARING-INCENTIVEPACKAGETOINDUSTY  WHEREAS, the Board of Commissioners of the City of Mount Airy has received information that an existing industry is considering relocating and expansion in the City of  Mount Airy; and  WHEREAS, "Project Vista" plans to retain existing 60+/- jobs and new capital WHEREAS, the City intends to provide the following incentives to this company:  investment of $70 million+; and  Taxi incentives 80% over eight years based on new taxes paid each year as  aresult ofi new capital investment of $70 million Land Donation: 25+/- acres in Westwood Industrial Park  NOW, THEREFORE BE IT RESOLVED BY THE CITY OF MOUNT AIRY  BOARD OF COMMISSIONERS MEETING IN OPEN SESSION THAT:  Section 1. That the Board of Commissioners of the City of Mount Airy do hereby  schedule a public hearing for Thursday, June 20, 2024 at 6:00 pm in the Council Chambers at the Municipal Building to hear public comment for the  consideration of possible incentives to "Project Vista". Commissioners of the City of Mount Airy.  Section 2. This resolution shall become effective upon approval by the Board of  Approved and adopted this the 6th day of June, 2024.  Jon Cawley, Mayor  ATTEST:  Melissa N. Brame, City Clerk    RESOLUTION NUMBER 2024-084  RESOLUTION SETTING PUBLIC HEARING FOR REQUEST TO ANNEX AND REZONE  PROPERTY LOCATED ATI7BSTRICKLAND FARM LANE  WHEREAS, the City of Mount Airy has been petitioned by North Franklin Development Co. to annex and rezone 31.59 acres located at 178 Strickland Farm Lane from  RLa-hmallmiicamy, to R-6 (General Residential); and  WHEREAS, the Tax Identification Number for this property is 5010-08-88-4240; and WHEREAS, the Planning Board of the City of Mount Airy has recommended NOW, THEREFORE BE IT RESOLVED BY THE CITY OF MOUNT AIRY  approval of the request to the Board of Commissioners:  BOARD OF COMMISSIONERS MEETING IN OPEN SESSION' THAT:  Section 1. That a public hearing be scheduled for June 20, 2024 at 6:00 pm tol hear public Section 2. That notice of the public hearing shall be published in the Mount Airy News, a  comment on the above-mentioned request.  newspaper having general circulation in the City of Mount Airy, at least ten  (10) days prior to the date of the public hearing.  Section 3. This resolution shall become effective upon approval. Approved and adopted this the 6th day of. June, 2024.  Jon Cawley, Mayor  ATTEST:  Melissa N. Brame, City Clerk    City ofMount Airy  June 6, 2024 Board of Commissioners Meeting  Staff Report May 30, 2024 To: From: Subject:  THCAROI  Mayor Cawley & Board of Commissioners Andy Goodall Jr. - Planning Director  2024-ANX-01/201/2024-REZ-03 (Strickland Farm Annexation Request)  A. ACTION REQUESTED BY BOARD OF COMMISSIONERS  Motion to set a public hearing for June 20, 2024 to hear comments on the request to voluntarily annex the subject parcel and zone it to. R-6 (General Residential).  B. REQUIRED VOTESTO PASS ACTION  Ar majority vote is required to pass the requested action.  SUBIECTPKOPEKIY Property Owner(s): Physical Address: Property PINS: Zoning Area: Current Use: Current Zoning] District: Proposed Zoning District: D.P PLANNING BOARD REVIEW  North Franklin Development Co. 5826 Samet Drive, Suite 105 High Point, NC: 27265 178 Strickland Farm Lane 5010-08-88-4240 31.59 Acres Vacant/Agriculture RL (Residential Limited (County)) R-6(General Residential)  The Planning Board reviewed the proposed request on May 29, 2024. The applicants' and several adjacent property owners attended the meeting. The Planning Board found that while the request is not consistent with the future land use (Low Intensity) recommendation in the City of Mount Airy Comprehensive Plan, the community's need/demand for mid-tier housing as highlighted in the Surry County Housing Study (2023) and the ability to provide public utilities to the parcel, warrant the increase in  B2-ANX0I2U2HREZ-AS    density and an amendment to the Comprehensive Plan (Future Land Use Map). The Planning Board voted (8-0) to recommend approval of the voluntary annexation, zoning thej parcel to R-6and to amend the Future. Land Use Map to Medium Intensity.  E.A ANNEXATION: REQUEST  The applicant has requested that the subject parcel be voluntarily annexed into the municipal limits of Mount Airy (See Attachment 1). The Technical Review Committee has reviewed the request. The subject parcel has direct access to public water. A gravity sewer line would have to be extended (by the developer) approximately tourteen-hundred (1,400') feet along N. Franklin Road to serve thej parcel. In addition, a sewer lift station will need to be installed (by the developer) toj pump the sewage to the new gravity line due to elevation constraints. Fire, police and garbage services can be provided to the parcel. The Technical Review Committee will conduct a thorough review oft the site development plans at the time of submittal to guarantee  compliance with all City and State Codes.  F.A ATTACHMENTS 2. Zoning Map  1. Annexation Petition Package  U2-AMX0I2U2-REZA8 2    Unofficial Document  Unofficial Dpçument  0760 0214  SURRY COURTY NC 01/26/2000 ABUNA  $494.00 Real Estaie Excise Tax  FILED SURRY COUNTY HC 01/27/2000 9:37 AM DENRIS W. CAKERON Register of Doeds Recording Time, Bnok and Page Parcel Identifier No.. County on the day at  Excise Tax 494.0  Tax Lot No. Voribed by. by Mail after recording to. Brief description for the Index THIS DEED made this.  12.. day at James R. Strickland and wife, Jennie B.  Thisi instrument was prepared by Michael, E, Royster, Attorney, PQ. Box, 1396, Pilok. Mtn., NC 2704L.  NORTH CAROLINA GENERAL WARRANTY DEED  January  .200Dby and between GRANTEE  GRANTOR  Strickland  North Franklin Development. Company, WC 4045 Premier Drive, Suite 208. High Point, NC 27265  Enter in appropriate block for each party: nanie, address, and, I appreptiate, character ol entity, eg. corparatlon ar partnershin. The designation Grantor and Grantee as used herein shall. include said parties, their helrs, successors, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valunhle consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by theae prements does grant, hargain, sell and convey unto the Grantee in fee simple, all that FOR EESCRIPTION OF PROPERTY, SEE EXHIBIT "A" ATTACHED HERETO. AND INCORPORNTED HEREIN BY The ahove described property is subject to the follawing restriction: 1.No single wide mobile homes shall be permitted on any lot.  And assigns, Townahip,  certain lot or parcel of land situated in the City of  ME.. Airy  Surry REFERENCE.  County. Narth Carolina and mare particularly deseribed as. followa:  EXHIBIT A Book 760 Page 214  N.C nar Fnrni    Unofficial Document  noffsalalmpocument 0760 0215  The properly hereinnbove described was acquired by Grantor by inatrument recorded In Amaps showing lha above described property isr recorded in Plat Book  pnge,  TO HAVE AND TO HOLD the aforesnid lot or parcel ofl land and. all privileges and mppurtenances therelo And the Grantor covenants wilh the Grantee, that Grantor ias seised of thes premises in. fee aimple, has ther right to convey the same In fee simpie, that title is marketable and free and clear ofa all encumbrances, and that Grantor will warrant and defend the title againat the.) lawfu) claims of all persons whomsnever except for. the exceptiona hereinafter: stater. Title to the property hereinabove described is subject to thé following exceplions:  to belonging  the Grantee in fec simple.  rorporate IN by MPENSOENN thr Grantor eifcers hRs and hereunto lis 1 hand atiked seal, s  has caused !hl instrament be  hove  Ksmens gesta mRll faes B. Strickland B. Sak Bhellask  the s n P -(BRAT.) FAL)  Name)  ATTEST: SEAL-STANP  (Cetperale Eeal) NORTII CAROLINA. dhally NORTII CAROLINA,  Surry..  County.  Natary rublle ut the Ceunty and siate aloressid. certity ilat James.. R.. Strickland. and. wife,. Jennie. B.. Strickland. hand olfielats stanp or seal, 1h...6. day o! ommissian. explrest.. 9-/6-20DL. 1, Nolary. Pablle et the County and State aloresalt, cerlity that persenally came helare me this day And acknowledged. that -. I klven and 35 the act of (he corporation, the Foregaing insteument WAI slened in lis name by its Presldent, seated wiuh Ils cotporate senl and attested by Wliness my hand and efflcual stamp or sesl, this. My comnission expires:  belare me this day and acknowledged the execution of the foregolng Inatrument Witnens my  Jagnary.. Auhthn County.  Seeretary ol Secrelary, Notary Publis  Notth Carilina corporation, and that ay anthorily duly  ot  The foregaing  A   a  Hs eny to be This instrument and this eerufcate *re dnly tegistrred at the date. and lime and in the Book and Fage shown on the  Fn % mthne  REGISTEE OF DEKDS FOR.- eputy/Assistapt- Begister aln needa  Rehee 977  Book 760 Page 215    Unofficlal Document  Unorfifinlwilocument Book  EXHIBIT"A"  BEGINNING ata a seti iron pin! located along ther right of way margin of West Virginia Street (SR 1630), NCGS Grid Coordinales! N=1, ,007,560.4940, E-1,518,899.3470, said seti iron pin! lying! North 09 deg. 48: min. 07s scc, West 1858.76 fcel from NCGS Monument' Hatcher" N-1,005,728.7595: and E-1,519,215.8067, and running witha a new linc ofr property ofJ James R. Strickland (Book 152, pages 91; Book 154, Page 138; Book 164, Page. 581 andl Book 569, Page 592) the following two courses and distances: North 20 deg. 07min. 58s sec. East 335.83 feel to as set iron pin; South 82 deg. 55r min. 05 sec. East 363,57 feet toas seti iron pin locateda along the right ofv way margin, ofNorth Franklin Road (SR 1394); thence running with the right ofy way margino of North Franklin Road (SR 1394) the followingt thrce courses and distances: on a curve tot thcl Ieft! havinga radius of 1494.25 feet, al length of510.39 feet, ac chord distance of5 507,92 feet, anda chord! bearing of North 05 deg. 52r min. 51 sec. East to aset ironp pin; North 03 deg. 54 min. 16s sec. West 290.39 feet loa seti iron pin; ona a curvet to the left! having at radius of 673.21 feet,a length ofi 132.94 fect,ac chordo dislance of 132.72 feet, ando a chord bearing ofNorth 09 deg. 331 min. 42 scc. West toas set iron pini int thes southenst comer ofp property ofy Wm. Worth Haynes (Book: 544, Page 1637); thence running with thel linc ofp property ofWm. Worth Haynes (Book 544, Page 1637) North 840 deg. 13 min. 23: sec. West 289.32 fect to ane exisling ironp pini int the southeast comer of property ofGeorge A. Nichols (Book 670, Page 244); thencet running with the line ofp properly of.George A. Nichols (Book 670, Page 244)1 the following two courses and distancès: North 84 deg. 13 min. 23: sec. Wesi 23.51 feet to ane existingi iron pin; North 86 deg. 46 min. 41 sec, West 488.58 feet to: ane existingi iron pini int thes southeast corner ofl Lot 20, Townz and Country Woods, Section: 3, Plat Book 7,F Page 30; thence running with the linc ofp properly ofLot 20: and: 21 (Towna and Country Woods, Section 3, Plat Book 7, Page 30)1 North 85 deg. 43 min. 43's sec. West 178.30 feel los ane existingi ironp pin; thences with thel line of properly of Lots 21, 22 and2 23 (Town and Country Woods, Section: 3,1 Plat Book 7,Page 30) North. 85 deg, 49 min. 14s sec. West 297.86f feet toa ane existing iron pini int the: southcast comer of Lot 24( (Town and Country Woods, Section: 3,F Plat Book 7, Page 30); thençe with the line ofp property ofLot2 24( (Town: and Country Woods, Section 3,1 Plat Book 7, Page 30)1 North 85 deg. 51 min. 43 sec. West 100.10 fecl toe and cxisting iron pini int the southeast comer of Lol? 25; thence with thel line ofp property of Lot2 251 North 85 deg. 491 min. 24s sec, West 99.84 feet to ane existingi ironp pini int thes southeast comer ofp properly ofLot 26 (Town and Country Woods, Section: 3, Plat Book 7, Page 30); thence with line ofp property of Lot 26 (Towna and Country Woods, Section 3, Plat Book 7. Page 30) North 84 deg. 00 min, 50 sec. West 23.08 feet to: an existingi iron pini in the northeast comer of property of Novella Inman (Book 202, Page 281); thence running with the line of property ofNovella Inman (Book 202, Page 281); South 060 deg. 05r min. 01 sec. West 262.62 fect lo an existing iron pin; thence South 88 deg. 20r min. 49 sec. Bast 60.18 feet! toas sel iron pin; South 70 deg. 381 min, 08: sec, East 176.76 feet toa as seli ironp pin; South 14d deg. 10r min. 59 sec. West 30.12. feet tos ans axle; thence South 75 dey, 441 min. lls sec. East 298.11 feet loa ant axle; South 10 deg, 03 min. 23s sec. Wes! 134.30f feet to as seti irony pin; South 100 deg. 03 min. 23 sec.. West 10.91 fcet toa a fencepost; thence South 17 deg. 461 min. 25: sec. West 203.76 feet toas set iron pin;7 North 63 deg. 28 min. 08s sec. West 100.00f feet toas seli iron pin; South 26 deg. 31 min. 52 scc. West 300,00 feet loas seti iron pin located along the right of  Book 760 Page 216    Unofficial Document  Unoffidyéel lobcument  way margino ofl Pipers Gap Road (SR 1624); thencer running with the right of way. margin ofPipers Gap! Road (SRI 1624) the following four courses and distances: on a curve to ther right havinga ar radius of 1296.49 feet, a length of161.231 fect. ac chord distance of 161.13 feet, and ac chord bearing ofs South 60 deg. 13 min. 59 scc. Eastt ton as set irony pin; South 560 deg. 401 min, 13s sec, East 116.07 feett tou as seli ironj pin, on ac curvet to ther right havingar radius of 1294.49 fect,al lengtho of113,27 feet, a chordo distance of113.24 feet, ande a chord bearing ofSouth 54 deg. 09 min. 48s sec, East toas seti iron pin; South 68 deg. 12r min. 01 sec. East 43.22 feet toa as seti iron pin lacateds alongt thc right of way margin of West Virginia Street (SR 1630); thencer running with the right of way margin ofWest Virginia Street (SR 1630) ont a curvet tot the righi havinga a radius of1107.81 feet,a a length of484.88 feet, a chord distance of4 481.02 feet, anda a chord bearing ofSouth 78 deg. 28 min. 14s sec. East toas seti iron pin, said scti irong pin bcing the point ofB BEGINNING: and containing: 31.713 acres, more orl less, and according toj plat and survey of R. Steve! Hiatt, RLSL-2555, eniitled" "Survey for. James R.: Strickland and wife, Jennie B. Strickland", The above 37.713 acre tract iss subject to ther rights of way ofl Pipers Gmp Road (SR and West Virginia Street (SR 1630) and! North Franklin Road (SR 1394). Thes above description isap portion oft that properly which appcars ofr record in Book 152, Page 91; Book 154. page 138; Book 164, Page 581, Book 569, Page 592, Surry Counly  dated December 13,1 1999.  1624)  Registry.  Book 760 Page 217    SITE  VCNTY MAP Ho Scale  "IKPL  1070  EOREP ROAD NCSI 1637,  o.E" ys 19 g- 03  hnan  Faryralaw  tnst  ANNEXATION SURVEY FOR BLUE RIDGE COMPANIES, INC. $826 SNTES DRVE WaIp TELEFHOAE pasir, (314) CAROLEIA 409-1512 27165 MOUNT AIRY TOWNSHIP SURRY COUNTY NORTH CAROLINA ULED 0387 HECES 760 SURAY TAK OJATY sonncAnnI ECR ECISTY  NORTH FRANKLIN DEVELOPMENT COMPANY  PRELMINARY BVDECT 1o 0avisios Ror psa RECURDATION, Gaquay0sS pa GALES  HIATT R.STEVE SUFVEYOR EXHIBIT B  FAOPEnTY zctiv IDFAL  31.713  HANE    Parties Petitioning for Annexation  1. North Franklin Development Company, LLC (owner of the subject tract): 5826 Samet  Drive, Suite 105, High Point, NC27265 clo Matthew Dunbar.  EXHIBIT C    DTONTERI  N  TEAVBO  9AGNM a na 05 : - 5  -  TIEITA  - DsD  NOGH09  Y o  BRAC  PINE  Anspin  RURITAN  EASTSIDE  EASTEND  EERAOERO  TRANOUIL  EN    RESOLUTION NUMBER 2024-085  RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED  UNDER G.S. 160A-58.2  WHEREAS, a petition requesting annexation of an area described in said petition WHEREAS, G.S. 160A-58.2 provides that the sufficiency of the petition shall be investigated by the City Clerk before further annexation proceedings may take place; and WHEREAS, the Board of Commissioners of the City of Mount Airy deems it NOW, THEREFORE BE IT RESOLVED BY THE CITY OF MOUNT AIRY  was received on April 12, 20241 by the Mount Airy Board of Commissioners; and  advisable to proceed ini response to this request for annexation:  BOARD OF COMMISSIONERS MEETING IN OPEN SESSION THAT:  The City Clerk is hereby directed to investigate the sufficiency of the above-described petition and to certify as soon as possible to the Board of Commissioners the results of her  investigation.  Approved and adopted this the 6th day of. June, 2024.  Jon Cawley, Mayor  ATTEST:  Melissa N. Brame, City Clerk    NORTH CAROLINA SURRY COUNTY CITY OF MOUNT AIRY  PETITION FOR ANNEXATION  Tot the Board of Commissioners oft the City of! Mount Airy:  The undersigned hereby petitions the City of Mount Airy for the annexation of the hereinafter described real property. This petition is for the annexation. of property into the primary corporate limits of the City of  Mount Airy, pursuant tol North Carolina General Statutes, Section 160A-31 et seq. Thati in furtherance oft this petition, the undersigned respectfully shows: 1. That the undersigned are the sole owners of the property sought to be annèxed. 2. That the property sought to be annexed is contiguous or Vnon-contiguous to the primary 3. That a legal description of the property sought to. be annexed is described in the deeds attached 4. That a copy of the County Tax Maps or recent survey showing the property sought to be 5. That the names and addresses of those persons petitioning for the annexation are attached  corporate limits of the City of Mount Airy. hereto and marked Exhibit A. annexed, is attached and marked Exhibit B. hereto and marked Exhibit C.  Respectfully submitted thist the_ 12 day of April  20 24  178 Strickland Farm Lane Addressol Properly! Pettioned lor7 Annexation North Franklin Development Company Property Owner annexation petition by any county or municipality? Yes_ 5826 Samet Drive, Suite 105 High Point, NC 27265 Owner Address NORTH CAROLINA, SURRY COUNTY.  56-2179859 "Taxl Idenbtication Number 336-889-1570 Phone  Has a vested right under NC General Statute 160A-31 or 160A-58 been established for the property subject to this ornotaz zoning vesled righi has beène established. shallb be binding on! the! landowner ando any. suchz zoning vestedr rights shall bei terminated.)  No VI (Fuilure 10s signa as siaiement declaring whether Chbubn Owner(s) Signature(s)  Emiy CSundselfa hereby certify that (45.DWhhar  a Notary Public in and for the said county and. state do  personally appeared before me this  date and acknowledged the due execution of the foregoing instrument. Witness my hand and notarial seal, this the. day of Apnl  2034  Notary Public (SEAL)  Epolpoinah  My Çommission Expires: Jay,4  f  PUBLIG    RESOLUTION NUMBER 2024-086  RESOLUTION: SETTING PUBLIC. HEARING FOR CITY ZONING (Pain Management Climics/Residential Care Facilities)  ORDINANCE AMENDMENTS  WHEREAS, the following proposed amendments (Additions in Green/Deletions in Red) are recommended for approval by the City of Mount Airy Planning Department:  R- R- R- R- R- B. B- B- B. B- M-  USETYPES  SR 43  20 15 8 6  2 3  5 S  Business, Professional & Personal Services Pain Management Clinic Residential Uses Residential care: facility, shelter, half-way house SR43  S  S  X  X &% 12  Pain Management Clinic A. Location Requirements  Such uses shall comply with the following standards:  1. No clinic shall be located within one-thousand (1000") feet- measured in a straight line from property line to property line- of any church, public or private elementary or secondary school, library, childcare center or public park. 2. No clinic shall be located within five-hundred (500") feet- measured in a straight line from property line to property line- from any existing residence or residentially zoned property. 3. No clinic shall be located within one-thousand (1000") feet- measured in a straight line from property line to property line- of any other pain management clinic that exists or has been  permitted.  B. All federal, state and local laws, rules and regulations must be adhered to in the operation of such establishments. This includes regulations pertaining to advertisements and legality of products  prescribed.    15.4.A  Definitions  Pain Management Clinic. For purposes of determining if a clinic, facility, or office qualifies as a 'pain management clinic' or 'clinic', it means a privately-owned clinic, facility or office in which any licensed health care provider provides chronic, non- malignant pain treatment to a majority ofi its patients for ninety (90) days or more in a twelve-month period, or provides the pain management services of evaluation, diagnosis, or treatment for the prevention, reduction or cessation of the symptoms of pain through pharmacological, mon-pharmacological and other approaches with the exception of the treatment of malignant conditions in an oncological setting which  specifically excludes hospices and hospitals. the request to the Board ofCommissioners:  WHEREAS, the Planning Board oft the City of] Mount Airy has recommended approval of NOW, THEREFORE BE IT RESOLVED BY THE CITY OF MOUNT AIRY BOARD OF Section 1. That aj public hearing be scheduled for' Thursday, June 20, 2024 at 6:00 pm tol hear Section 2. That notice of the public hearing shall be published in the Mount Airy News, a  COMMISSIONERS MEETING IN OPEN SESSION THAT:  public comments on the above mention request. days prior toi the date ofthe public hearing.  newspaper having general circulation in the City of Mount Airy, at least ten (10)  Section 3. This resolution shall become effective upon approval. Approved and adopted this the 6th day of. June, 2024.  Jon Cawley, Mayor  ATTEST:  Melissa N. Brame, City Clerk    City ofMount Airy  June 6, 2024 Board ofCommissioners Meeting  StaffReport May 30, 2024 To: From: Subject:  Mayor Cawley & Board of Commissioners Andy Goodall Jr. - Planning Director  2024-ZTA-04 (Pain Management Clinics, Residential Care Facilities)  A. ACTION REQUESTED BYTHE BOARD OECOMMIESIONERS amendments to the City of1 MountAiry Zoning Ordinance.  Motion to set a public hearing for June 20, 2024 to hear comments on the proposed  B. REQUIRED VOTES TO PASS ACTION  An majority vote is required to pass the requested action.  C. PLANNING BOARD REVIEW (8-0) to recommend approval. D. PROPOSED AMENDMENTS  The Planning Board reviewed the proposed amendments on May 29, 2024 and voted  The purpose of these zoning amendments is to provide guidelines for the establishment and operation of new pain management clinics and reduce the number of zoning districts that residential care facilities (shelters, half-way houses) are permitted within the City of Mount Airy. The proposed amendments aim to safeguard the health, safety and welfare of residents and ensure the orderly Additions are highlighted in Green. Deletions are highlighted in Red.  development of the City.  R- R- R- R- R- B- B- B- B- B- M-  USETYPES  SR 43  20 15 8 6 4  2 3  5 S  Business. Professional & Personal Services Pain Management Clinic  2024-ZTA-04    Residential Uses Residential care facility, shelter, half-way house  S S  X  X % 12  SR43 Pain Management Clinic  Such uses shall comply with the following standards:  A. Location Requirements  1. No clinic shall be located within one-thousand (1000') feet- measured in a straight line from property line to property line- ofany church, public or private elementary or secondary school, library, childcare center or public park. 2. No clinic shall be located within five-hundred (500) feet- measured in a straight line from property line to property line- from any existing residence or residentially zoned 3. No clinic shall be located within one-thousand (1000') feet- measured in a straight line from property line to property line- of any other pain management clinic that exists or has  property.  been permitted.  B. All federal, state and local laws, rules and regulations must be adhered to in the operation of such establishments. This includes regulations pertaining to advertisements and legality of products  prescribed. Definitions  15.4.A  Pain Management Clinic. For purposes of determining if a clinic, facility, or office qualifies as a pain management clinic' or clinic, it means a privately-owned clinic, facility or office in which any licensed health care provider provides chronic, non- malignant pain treatment to a majority ofi its patients for ninety (90) days or more in a twelve-month period, or provides the pain management services of evaluation, diagnosis, or treatment for the prevention, reduction or cessation of the symptoms of pain through pharmacological, non-pharmacological and other approaches with the exception of the treatment of malignant conditions in an oncological setting  which specifically excludes hospices and hospitals.  2024-ZTA-04 2    ORDINANCE NUMBER 2024-045  ORDINANCE TO AMEND THE CITY OF MOUNT AIRY: PERSONNEL, POLICY  WHEREAS, City Staff is in the process of amending Article VIII of the City of WHEREAS, it is staff recommendation to approve the following amendment to  Mount Airy Personnel Policy; and  Article VIII oft the City of Mount Airy Personnel Policy: ARTICLE VIII. SEPARATION AND REINSTATEMENT  Section 2. Resignation  An employee may resign by submitting the reasons for resignation and the effective date in writing to the immediate supervisor as far in advance as possible. In all instances, a minimum notice requirement is two (2) calendar weeks. Failure to provide minimum notice shall result in forfeit of payment for accumulated vacation unless the notification requirement is waived upon recommendation of the department director and approved by the City Manager. Sick leave will only be approved during the final two weeks of a notice with a physician's certification or comparable documentation. Resigning Department Directors are encouraged to give one: month's notice and such notice should be given to the PhreecenseeutiveahifereFahsenes Any absence without contacting the immediate supervisor or department director may will be considered tol be a voluntary resignation. NOW,THEREFORE BE: IT ORDAINED BY THE CITY OF MOUNT AIRY BOARD OF Section 1. The Board of Commissioners does hereby approve the amendment to Article  City Manager.  COMMISSIONERS MEETING IN OPEN SESSION THAT:  VIII of the City of Mount Airy Personnel Policy.  Section 2. This ordinance shall become effective upon approval. Approved and adopted this the 6th day of. June, 2024.  Jon Cawley, Mayor  ATTEST:  Melisisa N. Brame, City Clerk    ORDINANCE NUMBER 2024-040 THE CITY OF MOUNT AIRY BUDGET ORDINANCE FISCAL YEAR 2024-2025 July 1, 2024 - June 30, 2025  BE IT ORDAINED by the Board of Commissioners oft the City ofMount Airy, North Carolina:  Section 1. General Fund Appropriations accounts heretofore established for this City:  The following amounts are hereby appropriated in the General Fund fort the operation of the City Government and its activities for thei fiscal year beginning. July 1,2024 and ending June 30, 2025, in accordance with the chart of  Legislative Administration Finance Human Resources Planning and Development Police Fire Public Works Parks and Recreation Payment tol Mount Airy" Tourism Development. Authority Transfert to Capitall Improvement Fund  $  611,500 579,000 764,000 182,250 196,500 5,776,000 2,391,500 3,108,750 2,803,250 700,000 273,250 17,386,000  Section 2. General Fund Revenue Estimates 2024 and ending June 30, 2025: Current year's property tax Prioryear's property tax Penalties, fèes andi interest onj property taxes Othertaxes and licenses Unrestricted intergovemmental. revenues Restricted megovemmenalrvenues Permits andi fees Sales and services Investment earnings Miscellaneous revenues Transfer from Cemetery Endowment Fund Appropriation ofFund Balance (Powelll Bill Funds) Appropriation ofFund Balance (Drug Funds)  Itis estimated that the following revenues willl be available in the General Fund for thei fiscal year beginning July 1,  $  7,846,000 34,000 32,250 741,250 6,306,000 399,500 17,000 1,624,500 323,500 19,500 10,000 15,500 17,000 17,386,000    Section 3. Municipal Service District Fund Appropriations the chart ofa accounts heretofore established for this City: Economic and PhysicalDevelopment  The following amounts arel hereby appropriated in the Municipal Service District Fund for the operation oft the Municipal Service District for the fiscal year beginning. July 1,2024 and ending June 30, 2025, in accordance with  $ $  149,500 149,500  Section 4. Municipal Service District Fund Revenue Estimates beginning July 1,2024 and ending June 30, 2025: Current year's property tax Investment earnings Appropriation ofFund Balance  Itise estimated that the following revenues will be available in the Municipal Service District Fund for the fiscal year  $ $  127,000 3,000 19,500 149,500  Section 5. Capital Investment Fund Appropriations  The following amounts are hereby appropriated in the Capital Investment Fund for the fiscal year beginning July 1, 2024 and ending June 30, 2025, in accordance with the chart of accounts heretofore established for this City:  Legislative Administration Finance Police Fire Public Works Parks and Recreation Debt Service Transf fer  $  18,500 5,500 15,000 224,750 140,000 496,000 276,500 189,000 190,000 1,555,250  Section 6. Capital Investment Fund Revenue Estimates beginning July 1,2024 and ending June 30, 2025:  Itis estimated that the following revenues willl be availablei ini the Capital Investment Fund for the fiscal year  Investment earnings Transfer from General Fund Other Financing Source Appropriation ofFund Balance  $  55,000 273,250 64,750 1,162,250 1,555,250  $    Section 7. Emergency 911 Fund Appropriations  The following amounts are hereby appropriated in thel Emergency 911 Fund fort the fiscal year beginning. July 1, 2024 and ending June 30, 2025, in accordance with the chart of accounts heretofore established for this City:  Public Safety  $  38,250 38,250  Section 8. Emergency.9 911 Fund Revenue Estimates July 1,2024 and ending June 30, 2025: Restricted ntegovemmemtalryemues Investment eamings Appropriation ofFund Balance  Itis estimated that the following revenues willl be available in the Emergency 911 Fund for the fiscal year beginning  $  4,250 1,750 32,250 38,250  Section 9. Water and Sewer Fund Appropriations accounts heretofore established: for this City:  The following amounts are hereby appropriatedi in the' Water and Sewer Fund for the operation oft the water and sewer: facilities for the fiscal year beginning. July 1,2 2024 and ending June 30, 2025, in accordance with the chart of  Administration Finance Human Resources Public Works Debt Service Transfer  $  159,000 563,750 61,000 5,480,000 829,750 500,000 7,593,500  $  Section 10. Water and Sewer Fund Revenue Estimates beginning July 1,2024 and ending June 30, 2025:  Itise estimated that the following revenues willl be available in the Water and Sewer Fund for the fiscal year  Sales and Service Investment earnings Miscellaneous revenues Appropriation ofFund Balance  $  6,876,750 145,000 11,000 57,000 503,750 7,593,500  Transfer from! Extraterritorial Water and Sewer Capital Reserve Fund  $    Section 11. Extraterritorial Water and Sewer Capital Reserve Fund Appropriations  The following amounts are hereby appropriated in thel Extraterritorial Water and Sewer Capital Reserve Fund for the fiscal year beginning. July 1,2024 and ending June 30, 2025, in accordance with the chart of accounts heretofore  established for this City: Transfert to Water and Sewer Fund  $ $  57,000 57,000  Section 12. Extraterritorial Water and Sewer Capital Reserve Fund Revenue Estimates  Itis estimated that the following revenues willl be available int the Economic Stabilization Fund for the fiscal year  beginning July 1,2024 and ending June 30, 2025: Investment earnings Appropriation ofFund Balance Section 13. Outstanding Encumbrances  $ $  6,500 50,500 57,000  Appropriations herein authorized and made shalll have the amount of outstanding purchase orders as of] June 30, 2024 added to each appropriation as it applies, in order to honor legal and contractual commitments that have been made in accordance with budgetary authorization under the 2023-24 annual budget and in order to properly account  for the payment in the fiscal year in which it is paid. Section 14. General Fund TaxI Levy  There is hereby levied at tax at the rate ofs sixty (.60) cents per one hundred dollars ($100) valuation of property as listed for taxes as of. January 1,2024 for the purpose of raising the revenue. listed as "Current Year Property Tax" in  the General Fund in Section 2 of this ordinance.  This rate is based on:  a. at total valuation of property other than vehicles for thej purposes of taxation ofs1,227,836,009: and an b. at total valuation of vehicles fort the purposes oft taxation of$120,400,000 and an estimated rate ofcollection  estimated rate of collection of 97%; and  of97%.  Section 15. Municipal Service District Tax Levy  There is hereby levied an additional tax at the rate of twenty-one (.21) cents per one hundred dollars ($100) valuation of! property within thel boundaries of the Municipal Service District as listed for taxes on. January 1,2024 for the purpose ofraising the revenue listed as "Current Year Property Tax" in thel Municipal Service District Fund  in Section 4 of this ordinance. This rate is based on:  a. atotal valuation of property other than vehicles for the purposes oftaxation of $55,337,221 and an b. atotal valuation of vehicles for the purposes of taxation of $7,400,000 and an estimated rate of collection  estimated rate of collection of 97%; and  of97%.    Section 16. Appropriation Transfers and Contingency Appropriations  The Budget Officer is hereby authorized tot transfer appropriations as contained herein under the following He/she may transfer amounts up to $50,0001 between appropriations, including contingency appropriations, within thes same: fund. He/she must make an official report on such transfers at the next regular meeting of the Governing He/she may not transfer any amounts between funds, except as approved by the Governing Board in the Budget  conditions: Board.  Ordinance as amended.  Section 17. Advances Between Funds  Thel Budget Officer may make cash advances between funds for periods not to exceed 60 days without reporting to the Governing Board. Any advances that extend beyond 60 days must be approved by the Board. All advances that  will be outstanding at the end oft the fiscal year must be approved by the Board.  Section 18. Distribution of Ordinance  Copies oft this Budget Ordinance shall be furnished to the Clerk to the Governing Board and to thel Budget Officer and Finance Director of the City ofMount Airy to be kept on file for their direction in the disbursement of funds.  Adopted this 6th day of] June, 2024.  Mayor Attested:  City Clerk    CITY OF MOUNT AIRY  FY2 2025  SCHEDULE OF PRIVILEGE LICENSE  TAXES  Effective July 1,2024  1    ORDINANCE NUMBER 2024-041  ORDINANCE LEVYING PRIVILEGE LICENSES FOR FISCAL YEARS BEGINNING Be it ordered and ordained by the Board of Commissioners of the City of Mount Airy that the following privilege licenses shall be and are hereby levied and assessed for fiscal years beginning July 1,2024, except as otherwise hereafter limited and specified. This schedule of privilege license taxes shall remain in effect without readoption until amended or repealed in accordance with North Carolina General Statute 160A-208.  JULY1,2024  Taxicabs, per Vehicle, per annum Beer and Wine Dealers BEER: Retail, on premises, per annum Retail, off premises, per annum WINE: Retail, on premises, per annum Retail, off premises, per annum  $15.00  $15.00 $5.00 $15.00 $10.00  Any person, firm or corporation carrying on any business upon which a special license or privilege tax has been imposed by the Board of Commissioners oft the City of! Mount Airy, without first obtaining a license thereof as prescribed, shall be guilty ofai misdemeanor, and upon conviction shall be fined $50.00 for every offense, or imprisoned not exceeding thirty (30) days. That each day that said business is carried on All licenses shall be obtained before August 1, to avoid penalty off five percent, which will be added on  without license shall be considered a separate offense.  that date, and an additional five percent each month or fraction thereof until paid.  Any taxicab company, partnership ori individual owner who does not have a taxicab privilege license for each cab operated by August 1, will not be allowed to conduct business with that cab within the city limits Nothing herein shall be construed toj prevent the Board ofCommissioners from imposing from time to  ofthe City of Mount Airy.  time, as they may see fit, such license taxes as are: not herein specifically defined.  Adopted this the 6th day of. June, 2024  Jon Cawley, Mayor  ATTEST:  Melissa N. Brame, City Clerk    RESOLUTION NUMBER 2024-077 THE CITY OF MOUNT AIRY RESOLUTION ADOPTING FISCAL YEAR: 2024-2025 July 1, 2024-J June 30, 2025  FINANCIAL PLAN FOR INTERNAL: SERVICEF FUND  WHEREAS the Board of Commissioners of the City ofl Mount Airy have been presented aj proposed financial plan for the Workers Compensation Fund for the year ending June 30, 2025 as required by North NOW,THEREFORE, BEI ITI RESOLVED that the Board of Commissioners of the City of Mount Airy, North Carolina hereby approves the following summarized financial plan as required by North Carolina  Carolina General Statute 159-11; General Statute 159-13.1.  Section 1. Workers Compensation Fund Estimated Expenditures  The following are the estimated expenditures for the Internal Service Fund for Workers Compensation:  Human Resources  $ $  238,250 238,250  Section 2. Workers Compensation Fund Estimated Revenues  The following are the estimated revenues for the Internal Service Fund for Workers Compensation:  Sales and Service Investment earnings  $ $  222,250 16,000 238,250  Section 3. Advances Between Funds  Thel Budget Officer may make cash advances between funds for periods not to exceed 60 days without reporting to the Governing Board. Any advances that extend beyond 60 days must be approved by the Board. All advances that will be outstanding at the end of the fiscal year must be approved by the Board.  Section 4. Purpose of Workers Compensation Fund  The Workers Compensation Fund is an internal service fund, which has been established to account for the City of Mount Airy's workers compensation program. The City has chosen to retain a $5,000 claim deductible in its program. This risk retention has lowered the premium the city pays for workers  compensation insurance. Adopted this 6th day of June, 2024.  Mayor Attested:  City Clerk    RESOLUTION NUMBER 2024-078 THE CITY OF MOUNT AIRY RESOLUTION AMENDING SCHEDULE OF FEES ECTVEJULYL,U2  WHEREAS, the City ofl Mount Airy charges fees for a variety of services and other actions NOW, THEREFORE, BE: IT RESOLVED by the Board of Commissioners of the City ofl Mount Section 1. The City hereby amends its Schedule of] Fees in accordance with the attached Section 2. Thisl Resolution shall become effective upon approval by the Board of  undertaken by the City of Mount Airy; Airy, North Carolina that:  Schedule of Fees (Effective July 1,2 2024). Fee changes are effective on July 1, 2024.  Commissioners of the City of Mount Airy.  Adopted this 6th day of. June, 2024.  Jon Cawley, Mayor  Attested:  Melissa N. Brame, City Clerk    RESOLUTION! NUMBER 2024-074  RESOLUTION: SETTING. PUBLICHEARING  EXPANSION OFTIFMINIGIPALSEVIC: DISTRICTCONSIDERATION WHEREAS, the Municipal Service District (MSD) was created in 1975 encompassing WHEREAS, the City of Mount Airy Board of Commissioners have received a request from Mount Airy Downtown, Inc. to set a public hearing for proposed expansion of the  much oft the Central Business District int the downtown area; and  Municipal Service District (MSD); and  WHEREAS, a report detailing the proposed expansion will be available for public WHEREAS, the properties included in the expansion request are as follows:  inspection ini the office of the City Clerk at City Hall; and  Owner: Parcels: Acreage:  APG Real Properties of Mount Airy, LLG (Occupied by the Mount  Airy News) 0.82. Acres  5020-11-75-4656 and 5020-11-4716  0.44 Acres  NOW, THEREFORE BE IT RESOLVED BY THE CITY OF MOUNT AIRY  BOARD OF COMMISSIONERS MEETING IN OPEN SESSION THAT:  Section 1. That a public hearing be scheduled for June 6, 2024. to hear public comment on Section 2. That all effected property owners shall be given written notice at least four Section 3. That notice of thej public hearing shall be published in the Mount Airy News, a  the above listed item.  weeks prior to thej public hearing.  newspaper having general circulation in the City of Mount Airy, at least one  week prior to the date of thej public hearing.  Section 4. This resolution shall become effective upon approval. Approved and adopted this the 2nd day of May, 2024.    Jon Cawley,  ATTEST:  e  Aaplune AHAhe Melissa N. Brame, City Clerk  FEB.25,1 1885    NORTHCAROLINA SURRY COUNTY  CLIPPING OF LEGAL ADVERTISEMENT ATTACHED HERE  AFFIDAVIT OF PUBLICATION  Before the undersigned, a Notary Public of said County and State, duly commissioned, qualified and authorized by law to administer oaths, sworn, deposes and says: that he (she) is Regional General Manager (Publisher or other officer or employee authorized to make affidavit) of ADAMS PUBLISHING GROUP, LLC, engaged in the publication of a newspaper known as MOUNT AIRY NEWS, published, issued, and entered as periodicals class mail in the city of Mount Airy in said County and State; that he (she) is authorized to make this affidavit and sworn statement; that the notice or other legal advertisement, a true copy ofwhich is attached hereto, was published in MOUNT AIRY NEWS on the  personally appeared Serena Bowman  who being first duly  NOTICE OF PUBLIC HEARING The City of Mount Airy Board of Commissioners will hold a public! hearing to receive public ingi comment item: regardingt the follow- Mount requested Airy that Downtown, the City of Inc. has Mount Airy extendt the! Munici- pal Service District (MSD)to include two (2) new parcels ad- jacent to the existing! MSD (Parsels 5020-11-75-4656 & 5020-11-75-4716). Thel hearing will take place at the regular meeting of the Board of Commissioners. on June 6, 2024 at6 6:00PM int the Council Chambers oft the Mu- nicipal persons Building. are invitedt All interested to attend. Information about attending the meeting inp person or virtually and public comment cant be found at www.mountalryorg. Publish: 5-25-24 229812  following dates:  5-25-24  and that the said newspaper in which such notice, paper, document or legal advertisement was published was, at the time of each and every such publication, a newspaper meeting all of the requirements and qualifications of Section 1-597 oft the General Statutes of North Carolina and was a qualified: newspaper within the meaning of Section 1-597 of the  General Statutes ofNorth Carolina. This 23th day of  2024  of person making affidavit   u  Sworn to and subscribed before me, this 36  day of 2024  Notary  R  My Commission expires: Sopenber) 13,8c86  JENNA. JOHNSON Notary Public- North Carolina Surry County Myo CommissionE Expires September 13, 2026    202.4  Municipal Service District  Extension Report  Mount Airy, North Carolina May 16, 2024  u  Prepared by:  Morgan Johnson - Executive Director Mount Airy Downtown, Inc.    2024 Municipal Service District  NORTH  Extension Report  To: From:  Mayor Cawley and Board of Commissioners Morgan Johnson, MAD, Inc. Executive Director  DOWNTOWN) DINE. EXPLORE  Subject: 2024 Municipal Service District Extension A. ACTIONS REQUESTED BY BOARD OF COMMISSIONERS  1. Motion that the requested Municipal Service District (MSD) Extension meets all North Carolina General Statutes (NCGS) requirements and findings for annexation; and 2. Motion to approve, approve with changes, or deny the resolution to extend the MSD  to incorporate the affected properties. B. REQUIRED VOTES TO PASS REQUESTED ACTIONS Am majority vote is required to pass the requested actions.  C. EXTENSION PROCEDURE  North Carolina General Statutes provide that the Board of Commissioners may by resolution annex territory to any MSD upon meeting thej following requirements and findings: a) That the area to be annexed is contiguous to the district, with at least one-eighth oft the area's aggregate external boundary coincident with the existing boundary of the district b) Annexation by Petition. The Board of Commissioners may also by resolution extend by annexation the boundaries of any service district when one hundred percent (100%) of the real property owners of the area to be annexed have petitioned the Board for c) Report. Before the public hearing required by subsection (d), the Board shall cause to 1. A map of the service district and the adjacent territory, showing the present and 2. A statement showing that the area to be annexed meets the standards and  and that the area to be annexed requires the services of the district.  annexation into the service district. be prepared a report containing:  proposed boundaries of the district; requirements of subsections (a) or (b) and;  MSDI Extension Report  May 16, 2024  Page I1    3. A plan for extending services to the areai to be annexed. two (2) weeks before the date of the public hearing.  The report shall be available for public inspection in the office of the City Clerk for at least d) Hearing and Notice. Thel Board shall holda aj publicl hearing before adopting any resolution extending the boundaries of a service district. Notice of the hearing shall state the date, hour and place of the hearing and its subject, and shall include a statement that the report I required by subsection (c) is available fori inspection int the office oft the City Clerk. The notice shall be published at least once not less than one (1) week before the date of the hearing. In addition, the notice shall be mailed at least four (4) weeks before the date of the hearing to the owners as shown by the county tax records as of the preceding January 1 of all property located within the area to be annexed. The notice may be mailed by any class of U.S. Mail which is prepaid. The person designated by the Board to mail the notice shall certify to the Board that the mailing has been completed and his e) Effective Date. The resolution extending the boundaries of the district shall take effect at the beginning of the fiscal year commencing after its passage, as determined by the f) Property subject to taxation in an area annexed to an existing district shall be subject to  certificate shall be conclusive in the absence of fraud.  Board (July 15t).  taxation by the City as of January 1, 2025. D. EXISTING MUNICIPAL SERVICE DISTRICT  On June 24, 1975, the Board of Commissioners adopted a resolution creating a Municipal Service District encompassing much oft the Central Business District (CBD) of the City of Mount Airy. The Board has approved several changes since the creation of the district, with the most recent occurring in 2014 that added, among others, the Spencer's Mill properties on Franklin Street and' Willow Street. The existing boundaries are shown on the map entitled "Exhibit A-  Existing Municipal Service District."  E. PROPOSED MUNICIPAL SERVICE DISTRICT EXTENSION  Mount Airy Downtown, Inc. (MAD) has requested that the Board of Commissioners consider annexation of two (2) properties adjoining the existing Municipal Service District (MSD). The properties are shown on the map entitled "Exhibit B - Proposed Municipal Service District Extension" and listed below in "Section F-A Affected Properties Information" oft this report.  MSDI Extension Report  May 16, 2024  Page 12    F. AFFECTED PROPERTIES INFORMATION  1.F Property Owner(s):  APG Real Properties of Mount Airy LLC 4096 Coon Rapids Blvd NW Coon Rapids, MN 55433-2523 5020-11-75-4656 0.82 Acres B-1 (Central Business) $1,036,600 $2,176.86  Taxl ID: Acreage: Zoning District: Assessed Value: Revenue Generation (.21/100):  2. Property Owner(s):  APG Real Properties of Mount Airy LLC 4096 Coon Rapids Blvd NW Coon Rapids, MN 55433-2523 5020-11-75-4716 0.44 Acres B-1 (Central Business) $125,730 $264.03  Taxl ID: Acreage: Zoning District: Assessed Value: Revenue Generation (.21/100):  G. EXTENSION AREAS BOUNDARY QUALIFICATIONS  Property1 .82 acres +/- Perimeter = 8501 feet Contiguous Boundary = 422 feet 49.6% contiguous (12.5% minimum)  Property2 .44 acres +/- Perimeter = 5821 feet Contiguous Boundary = 442 feet 75.9% contiguous (12.5% minimum)  Each of the properties proposed to be annexed is contiguous to the existing MSD and at least one-eighth (12.5%) of the aggregate external boundary of each property coincides with the  existing boundary of the district.  MSDI Extension Report  May 16, 2024  Page 13    H. EXTENSION. AREAS SERVICE REQUIREMENTS  When the MSD was initially adopted, the service to be performed in the district was limited to the provision of off-street parking facilities. The area included in the original district was mainly the CBD that had the most need for off-street parking facilities. Most of the original district is zoned B-1 (Central Business), a zoning district that recognizes most downtown buildings cover one hundred percent (100%) of the lot area and cannot accommodate off- Subsequent extensions of the MSD have focused not only on the ability to provide additional off-street parking facilities, but also 'downtown revitalization." As defined in NCGS 160A-536, "downtown revitalization projects" are improvements, services, functions, promotions and developmental activities intended to further the public health, safety, welfare, convenience and economic well-being of the central city or downtown area. Examples of downtown revitalization projects include by way ofi illustration but not limitation all of the following: Improvements to water mains, sanitary sewer mains, storm: sewer mains, electric power distribution lines, gas mains, street lighting, streets and sidewalks, including rights-of- Construction of pedestrian malls, bicycle paths, overhead pedestrian walkways, sidewalk canopies and parking facilities both on-street and off-street. Construction of public buildings, restrooms, docks, visitor centers and tourism facilities. Improvements to relieve traffic congestion in the central city and improve pedestrian Improvements to reduce the incidence of crime in the central business district. Providing city services or functions in addition to or to a greater extent than those Sponsoring festivals andi markets in the downtown area, promoting business investment int the downtown area, helping to coordinate public and private actionsi ini the downtown area and developing and issuing publications about the downtown area.  street parking.  way and easements.  and vehicular access toi it.  provided or maintained for the entire city.  PLANT TO EXTEND SERVICES  The two properties proposed to be incorporated into the MSD are part of an "Opportunity Site" as identified in the Mount Airy Downtown Master Plan (adopted in September 2022) with the potential for major redevelopment due to anticipated change in use, site characteristics: andi market demand. The current proposal to extendi the MSD will enable MAD  MSD Extension Report  May 16, 2024  Page 14    to act in its economic development role as agent of the City within the MSD and extend downtown revitalization efforts to the adjacent properties through the following programs  and services:  Affected properties are eligible for MAD-sponsored grant programs and may be able to access state assistance through certain North Carolina Commerce programs. Affected properties are eligible for free professional design and other technical assistance through MAD's participation in the North Carolina Main Street Program as Affected properties will benefit from the extension of all other MAD downtown Focusing on appropriate developments for the identified opportunity site, such as compatible commercial uses and market rate housing, which would address local Extending ongoing efforts to develop parking, improve sidewalks, install lighting and signage, improve landscaping, install public art, and undertake other beautification projects to strengthen the public health, safety, welfare, convenience, and  well as other Rural Economic Development Division programs. development and revitalization efforts, including:  needs, create jobs and increase property values.  economic wellbeing of the downtown area.  J. EXHIBITS ATHRUF  Exhibit A- Existing Municipal Service District Map Exhibit B - Proposed Municipal Service District Extension Map Exhibit C- Property Owner Notice of Municipal Service District Extension  Exhibit D - Certificate of Mailing Exhibit E - Notice of Public Hearing Exhibit F-N NCGS Chapter 160A- - Article 23  MSDI Extension Report  May 16, 2024  Page 15    Exhibit A - Existing Municipal Service District Map  City of Mount Airy Municipal Service District  AMLE  VIRGINIA  B  CCDOD  69  0 0.05 0.1  0.2 Miles  *Data Updated March2019  MSDI Extension Report  May: 16, 2024  Page 16    Exhibit B - Proposed Municipal Service District Extension Map  Proposed Municipal Service District Expansion  IRES  Subject Parcels(2)  Legend Munidpal Service District Tax Parcels 265 530  1,060  1,590  MSD Extension Report  May 16, 2024  Page 17    Exhibit C-1 Property Owner Notice ofMSD Extension  May7, 2024  APG Real Properties of Mount Airy LLC 4095 Coon Rapids Blvd NW Coon Rapids MN 55433 Dear Property Owner(s),  Please be informed that the City of Mount Airy Board of Commissioners has scheduled a Mount Airy Downtown, Inc. has requested that the City of Mount Airy extend the Municipal Service District (MSD) to include two (2) new parcels adjacent to the existing MSD (Parcels Beginning on Thursday, May 16, 2024, the public is invited to view the report detailing the proposed extension of the MSD. This report will be available for public inspection at City Hall in the office of the City Clerk. The report will include the following information:  public hearing to hear the following request:  5020-11-75-4656 & 5020-11-75-4716).  AI map showing the present boundaries ofthe MSD and the proposed extension of the 2. A statement showing that the area proposed for inclusion in the MSD meets the 3. A plan for extending services to the adjacent territory should the Board of The public hearing will be on Thursday, June 6, 2024 at 6:00PM in the Council Chamber of the City of Mount Airy Municipal Building, 300 South Main Street, Mount Airy, NC. As your properties are proposed to be annexed, you are. being notified oft this request. Int the event that the Board of Commissioners approves a resolution extending the boundaries of the MSD, the resolution will take effect July 1, 2024. And if the resolution is adopted, your property located within the new district boundary that is subject to taxation  district;  standards and requirements of applicable law; and  Commissioners resolve to extend the boundaries of the district.    for calendar year 2024 will be subject to additional taxation by the City of] Mount Airy to the If you have any questions regarding this request, you may contact our office at (336) 786-  same extent as property within the existing MSD.  3520 or gopdal@momtairy.atg  Sincerely,  ShLf Andrew Goodall Jr. Planning Director  City of] Mount Airy Planning & Development Department  Proposed Municipal Service District Expansion  IEES  Subject Parcels(2)  Legend Municipal Service District Tax Parcels 265 530  1,060  1,590 Feet    Exhibit D - Certified Mail Receipt APG REAL PROPERTIES OF MOUNT AIRY LLC 4096 COON RAPIDS BLVD NW COON RAPIDS MN 55433-2523  CERTIFICATE OF MAILING  This is to certify that on May 7, 2024, the attached notice of public hearing was mailed to property owners of record by depositing a copy thereof in a postpaid wrapper ina a post office or official depository under the exclusive care and custody oft the United States Postal Service,  postage prepaid, addressed to the said parties as set forth above.  Chf Andrew Goodall. Jr. Planning Director  City of Mount Airy Planning and Development Department    Exhibit E-I Notice of Public Hearing  NOTICE OF PUBLICHEARING  The City of Mount Airy Board of Commissioners will hold a public hearing to receive public Mount Airy Downtown, Inc. has requested that the City of Mount Airy extend the Municipal Service District (MSD) to include two (2) new parcels adjacent to the existing MSD (Parcels The hearing will take place at the regular meeting of the Board of Commissioners on June 6, 2024 at 6:00PM in the Council Chambers of the Municipal Building. All interested persons are invited to attend. Information about attending the meeting in person or virtually and  comment regarding the following item:  5020-11-75-4656 & 502U-II-75-4716).  public comment can be found at www.mountairy.org.  Publish May 25, 2024    Exhibit F-NCGS Chapter 160A Article 23  Article 23. Municipal Service Districts.  S 160A-535. Title; effective date.  This Article may be cited as "The Municipal Service District Act of 1973," and is enacted pursuant to Article V, Sec. 2(4) of the Constitution of North Carolina, effective July 1, 1973.  (1973, C. 655, s. 1.)  $160A-536. Purposes for which districts may be established.  (a) Purposes. - The city council of any city may define any number of service districts in order to finance, provide, or maintain for the districts one or more of the following services, facilities, or functions in addition to or to a greater extent than those financed, provided or  maintained for the entire city:  (1) Beach erosion control and flood and hurricane protection works. (la) (For applicability see note) Any service, facility, or function which the municipality may by law provide in the city, and including but not limited to placement of utility wiring underground, placement of period street lighting, placement of specially designed street signs and street furniture, landscaping, specialized street and sidewalk paving, and other appropriate improvements to the rights-of-way that generally preserve the character of an historic district; provided that this subdivision only applies to a service district which, at the time of its creation, had the same boundaries as an historic district created  under Part 3A of Article 19 ofthis Chapter. (2) Downtown revitalization projects. (2a) Urban area revitalization projects. (2b) Transit-oriented development projects. (3) Drainage projects.  (3a) Sewage collection and disposal systems of all types, including septic tank systems or other on-site collection or disposal facilities or systems. (3b) (For applicability see note) Lighting at interstate highway interchange (5) Watershed improvement projects, including but not limited to watershed improvement projects as defined in General Statutes Chapter 139; drainage projects, including but not limited to the drainage projects provided for by General Statutes Chapter 156; and water resources development projects, including but not limited to the federal water resources development projects (6) Conversion of private residential streets to public streets as provided in (b) Downtown Revitalization Defined. - As used in this section downtown revitalization projects" are improvements, services, functions, promotions, and developmental activities intended to further the public health, safety, welfare, convenience, and economic well-being of the central city or downtown area. Exercise of the authority granted by this Article to undertake downtown revitalization projects financed by a service district do not prejudice a city's authority to undertake urban renewal projects in the same area. Examples of downtown revitalization  ramps.  (4) Off-street parking facilities.  provided for by General Statutes Chapter 143, Article 21.  subsection (e) ofthis section.  projects include by way ofillustration but not limitation all ofthe following:  NC General Statutes - Chapter 160A Article 23  1    (1) Improvements to water mains, sanitary sewer mains, storm sewer mains, electric power distribution lines, gas mains, street lighting, streets and (2) Construction of pedestrian malls, bicycle paths, overhead pedestrian walkways, sidewalk canopies, and parking facilities both on-street and (3) Construction of public buildings, restrooms, docks, visitor centers, and (4) Improvements to relieve traffic congestion in the central city and improve (5) Improvements to reduce the incidence of crime in the central city. (6) Providing city services or functions in addition to or to a greater extent than (7) Sponsoring festivals and markets in the downtown area, promoting business investment in the downtown area, helping to coordinate public and private actions in the downtown area, and developing and issuing publications on the  sidewalks, including rights-of-way and easements.  off-street. tourism facilities.  pedestrian and vehicular access to it.  those provided or maintained for the entire city.  downtown area.  (c) Urban Area Revitalization Defined. = As used in this section, the term "urban area revitalization projects" includes the provision within an urban area of any service or facility that may be provided in a downtown area as a downtown revitalization project under subdivision (a)(2) and subsection (b) of this section. As used in this section, the term "urban area" means an area that (i) is located within a city and (ii) meets one or more oft the following conditions:  (1) Itis the central business district oft the city.  (2) Itc consists primarily of existing or redeveloping concentrations of industrial, retail, wholesale, office, or significant mployment-generating uses, or any (3) Iti is located in or along a major transportation corridor and does not include any residential parcels that are not, at their closest point, within 150 feet ofthe major transportation corridor right-of-way or any nonresidentially zoned parcels that are not, at their closest point, within 1,500 feet of the major (4) It has as its center and focus a major concentration of public or institutional uses, such as airports, seaports, colleges or universities, hospitals and health (c1) Transit-Oriented Development Defined. - As used in this section, the term transit-oriented development" includes the provision within aj public transit area of any service or facility listed in this subsection. A public transit area is an area within a one-fourth mile radius of any passenger stop or station located on a mass transit line. A mass transit line is a rail line along which aj public transportation service operates or a busway or guideway dedicated to public transportation service. A busway is not a mass transit line if a majority of its length is also generally open to passenger cars and other private vehicles more than two days a week. The following services and facilities are included in the definition of transit-oriented (1) Any service or facility that may be provided in a downtown area as a downtown revitalization project under subdivision (a)(2) and subsection (b) of  combination of these uses.  transportation corridor right-of-way. care facilities, or governmental facilities.  development" ifthey are provided within ai transit area:  this section.  NC General Statutes Chapter 160A Article 23  2    (2) Passenger stops and stations on ai mass transit line.  (3) Parking facilities and structures associated with passenger stops and stations (4) Any other service or facility, whether public or public-private, that the city may by law provide or participate in within the city, including retail, (d) Contracts. - A city may provide services, facilities, functions, or promotional and developmental activities in a service district with its own forces, through a contract with another governmental agency, through a contract with a private agency, or by any combination thereof. Any contracts entered into pursuant to this subsection shall comply with all of the following  onai mass transit line.  residential, and commercial facilities.  criteria:  (1) The contract shall specify the purposes for which city moneys are to be used (2) The contract shall require an appropriate accounting for those moneys at the end of each fiscal year or other appropriate period. For contracts entered into on or after June 1, 2016, the appropriate accounting shall include the name, location, purpose, and amount paid to any person or persons with whom the private agency contracted to perform or complete any purpose for which the  for that service district.  city moneys were used for that service district.  (d1) Additional Requirements for Certain Contracts. - In addition to the requirements of subsection (d) oft this section, ift the city enters into a contract with a private agency for a service district under subdivision (a)(la), (2), or (2a) of this section, the city shall comply with all of the  following:  (1) The city shall solicit input from the residents and property owners as to the needs of the service district prior to entering into the contract. (2) Prior to entering into, or the renewal of, any contract under this section, the city shall use a bid process to determine which private agency is best suited to achieve the needs of the service district. The city shall determine criteria for selection of the private agency and shall select a private agency in accordance with those criteria. If the city determines that a multiyear contract with a private agency isi in the best interest oft the city and the service district, the city may enter into ai multiyear contract not to exceed five years in length. (3) The city shall hold a public hearing prior to entering into the contract, which shall be noticed by publication in a newspaper of general circulation, for at least two successive weeks prior to the public hearing, in the service district. (4) The city shall require the private agency to report annually to the city, by presentation in a city council meeting and in written report, regarding the needs oft the service district, completed projects, and pending projects. Prior to the annual report, the private agency shall seek input of the property owners and residents of the service district regarding needs for the upcoming year. (5) The contract shall specify the scope of services to be provided by the private agency. Any changes to the scope of services shall be approved by the city  council.  (e) Converting Private Residential Streets to Public Streets. - A city may establish a municipal service district for the purpose of converting private residential streets to public streets ift the conditions ofthis subsection are: met. The property tax levied in a municipal service district  NC General Statutes Chapter 160A Article 23  3    created for this purpose may be used only to pay the costs related to the transfer of ownership of the streets, evaluation of the condition of the private streets, and the design and construction costs related to improving the private streets to meet public street standards as approved by the governing board. Notwithstanding G.S. 160A-542, the property tax rate in a district created for this purpose may not be in excess of thirty percent (30%) of the ad valorem tax rate in effect in the city in the fiscal year prior to the establishment of the district. After the private streets have been upgraded to meet public street standards and all costs have been recovered from the tax in the district, no further tax may be levied in the district, and the city council must abolish the Notwithstanding G.S. 160A-299, ifa city abandons the streets and associated rights-of-way acquired pursuant to this subsection, the street-related common elements must be returned to the owners' association from which the city acquired them in a manner that makes the owners' association's holdings in common elements as they were prior to the establishment of the For a city to create a municipal service district for the purpose of converting private  municipal service district as provided by G.S. 160A-541.  municipal service district.  residential streets to public streets, all ofthe following conditions must bei met:  (1) The private residential road must be nongated.  (2) The city must receive a petition signed by at least sixty percent (60%) of the lot owners of the owners' association requesting the city to establish a municipal service district for the purpose of paying the costs related to converting private residential streets to public streets. The executive board of an owners' association for which the city has received a petition under this subsection may transfer street-related common elements to the city, notwithstanding the provisions of either the North Carolina Planned Community Act in Chapter 47F of the General Statutes or the North Carolina Condominium Act in Chapter 47C of the General Statutes, or related articles of declaration, deed covenants, or any other similar document recorded with (3) The city must agree to accept the converted streets for perpetual public  the Register of Deeds. maintenance. a.  (4) The city must meet one oft the following requirements:  Located primarily in a county that has aj population of750,000 or more according to the most recent decennial federal census, and also located in an adjacent county with a population of 250,000 or more according Located primarily in a county with a population of 250,000 or more according to the most: recent decennial federal census, and also located in an adjacent county with aj population of 750,000 or more according to the most recent decennial federal census. (1973, C. 655, S. 1; 1977, C. 775, SS. 1,2; 1979, C. 595, S. 2; 1985, C. 580; 1987, C. 621, S. 1; 1999-224, S. 1; 1999-388, S. 1; 2004-151, S. 1; 2004-203, S. 5(m); 2009-385, S. 1; 2011-72, SS. 1, 2; 2011-322, S. 1; 2012-79, S. 1.11; 2015-241, S. 15.16B(a); 2016-8, S. 1;2017-102,S.3 31.1.)  to the most recent decennial federal census.  b.  $160A-537. Definition of service districts.  NC General Statutes Chapter 160A Article 23  4    (a) Standards. = The city council of any city may by ordinance define a service district upon finding that a proposed district is in need of one or more of the services, facilities, or functions listed in G.S. 160A-536 to a demonstrably greater extent than the remainder oft the city. (al) Petition to Define District. - The city council may also by ordinance define a service district if a petition submitted by a majority of the owners of real property in a defined area of the city establishes that the area is in need of one or more of the services, facilities, or functions listed in G.S. 160A-536 to a demonstrably greater extent than the remainder of the city. The petition shall contain the names, addresses, and signatures of the real property owners within the proposed district, describe the proposed district boundaries, and state in detail the services, facilities, or functions listed in G.S. 160A-536 which would serve as the basis for establishing the proposed district. The city council may establish aj policy to hear all petitions submitted under (b) Report. - Before the public hearing required by subsection (c), the city council shall (1) AI map ofthe proposed district, showing its proposed boundaries; (2) A statement showing that the proposed district meets the standards set out in (3) A plan for providing in the district one or more of the services listed in The report shall be available for public inspection in the office of the city clerk for at least (c) Hearing and Notice. - The city council shall hold a public hearing before adopting any ordinance defining a new service district under this section. Notice of the hearing shall state the date, hour, and place of the hearing and its subject, and shall include a map of the proposed district and a statement that the report required by subsection (b) is available for public inspection in the office oft the city clerk. The notice shall be published at least once not less than one week before the date oft the hearing. In addition, it shall be mailed at least four weeks before the date of the hearing by any class of U.S. mail which is fully prepaid to the owners as shown by the county tax records as of the preceding January 1 (and at the address shown thereon) ofa all property located within the proposed district. The person designated by the council to mail the notice shall certify to the council that the mailing has been completed and his certificate is (cl) Exclusion From District. = An owner of a tract or parcel of land located within the proposed district may, at the public hearing or no later than five days after the date oft the public hearing required by subsection (c) oft this section, submit a written request to the city council for the exclusion ofthe tract or parcel from the proposed district. The owner shall specify the tract or parcel, state with particularity the reasons why the tract or parcel is not in need of the services, facilities, or functions of the proposed district to a demonstrably greater extent than the remainder of the city, and provide any other additional information the owner deems relevant. If the city council finds that the tract or parcel is not ini need of the services, facilities, or functions of the proposed district to a demonstrably greater extent than the remainder of the city, the city (d) Effective Date. - Except as otherwise provided in this subsection, the ordinance defining a service district shall take effect at the beginning ofa fiscal year commencing after its passage, as determined by the city council. If the governing body in the ordinance states that general obligation bonds or special obligation bonds are anticipated to be authorized for the  this subsection at regularintervals, but no less than once per year.  cause to bej prepared a report containing:  subsection (a); and G.S. 160A-536.  four weeks before the date oft thej public hearing.  conclusive in the absence of fraud.  council may exclude the tract or parcel from the proposed district.  NC General Statutes Chapter 160A Article 23  5    project, it may make the ordinance effective immediately upon its adoption or as otherwise provided in the ordinance. However, no ad valorem tax may be levied for a partial fiscal year. (e) Repealed by Session Laws 2016-8, s. 2, effective. June 1,2016. (f) Passage of Ordinance. - No ordinance defining a service district as provided for in this section shall be finally adopted until it has been passed at two meetings of the city council by majority vote of the voting members present, and no service district shall be defined except by ordinance. (1973, C. 655, S. 1; 1981, C. 53, S. 1; C. 733, S. 1; 2006-162, S. 25; 2012-156, S. 4;  2016-8,s.2.)  S 160A-538. Extension of service districts.  (a) Standards. - The city council may by ordinance annex territory to any service district (1) The area to be annexed is contiguous to the district, with at least one eighth of the area's aggregate external boundary coincident with the existing boundary  upon finding that:  ofthe district;  (2) That the area to be annexed requires the services of the district. (b) Annexation by Petition. - The city council may also by ordinance extend by annexation the boundaries of any service district when one hundred percent (100%) of the real property owners of the area to be annexed have petitioned the council for annexation to the (c) Report. - Before the public hearing required by subsection (d), the council shall cause (1) A map of the service district and the adjacent territory, showing the present (2) A statement showing that the area to be annexed meets the standards and The report shall be available for public inspection in the office of the city clerk for at least (d) Hearing and Notice. - The council shall hold a public hearing before adopting any ordinance extending the boundaries ofas service district. Notice oft the hearing shall state the date, hour and place of the hearing and its subject, and shall include a statement that the report required by subsection (c) is available for inspection in the office of the city clerk. The notice shall bej published at least once not less than one week before the date of the hearing. In addition, the notice shall be mailed at least four weeks before the date of the hearing to the owners as shown by the county tax records as oft the preceding January 1 of all property located within the area to be annexed. The notice may be mailed by any class ofU.S. mail which is fully prepaid. The person designated by the council to mail the notice shall certify to the council that the mailing has been completed, and his certificate shall be conclusive in the absence of fraud. (e) Effective Date. - The ordinance extending the boundaries of the district shall take effect at the beginning of a fiscal year commencing after its passage, as determined by the (el) Passage of Ordinance. - No ordinance annexing territory to a service district as provided for in this section shall be finally adopted until it has been passed at two meetings of the city council by majority vote of the voting members present, and no territory shall be  service district.  to be prepared a report containing:  and proposed boundaries of the district; requirements of subsections (a) or (b); and (3) Ap plan for extending services to the area to be annexed.  two weeks before the date ofthe public hearing.  council.  annexed to a service district except by ordinance. NC General Statutes Chapter 160A Article 23  6    (f) Historic District Boundaries Extension. - A service district which at the time ofi its creation had the same boundaries as an historic district created under Part 3A of Article 19 of this Chapter may only have its boundaries extended to include territory which has been added to the historic district. (1973,c.655,5.1 1;1981, c.5 53, ,s.2;1 1987, C. 621,s.2 2;2016-8, s.3.)  $160A-538.1. Reduction of service districts.  (a) Reduction by City Council. - Upon finding that there is no longer a need to include within a particular service district any certain tract or parcel of land, the city council may by ordinance redefine a service district by removing therefrom any tract or parcel of land which it has determined need no longer be included in said district. The city council shall hold a public hearing before adopting an ordinance removing any tract or parcel ofl land from a district. Notice of the hearing shall state the date, hour and place of the hearing, and its subject, and shall be (al) Request for Reduction by Owner. - Aj property owner may submit a written request to the city council to remove the owner's tract or parcel of land from a service district. The owner shall specify the tract or parcel, state with particularity the reasons why the tract or parcel is not in need of the services, facilities, or functions of the proposed district to a demonstrably greater extent than the remainder of the city, and provide any other additional information the owner deems relevant. Upon receipt of the request, the city council shall hold a public hearing as required by subsection (a) oft this section. Ift the city council finds that the tract or parcel is not in need of the services, facilities, or functions of the district to a demonstrably greater extent than the remainder of the city, the city council may, by ordinance, redefine the service district by (b) Effective Date. - The removal of any tract or parcel of land from any service district shall take effect at the end of a fiscal year following passage of the ordinance, as determined by (b1) Passage of Ordinance. - No ordinance reducing a service district as provided for in this section shall be finally adopted until it has been passed at two meetings oft the city council by majority vote of the voting members present, and no service district shall be reduced except by (c) Historic District Boundaries Reduction. - A service district which at the time ofi its creation had the same boundaries as an historic district created under Part 3A of Article 19 of this Chapter may only have its boundaries reduced to exclude territory which has been removed  published at least once not less than one week before the date oft the hearing.  removing therefrom the tract or parcel.  the city council.  ordinance.  from the historic district. (1977, C. 775, S. 3; 1987, C. 621, S. 3;2016-8, ,s.4.)  $160A-539. Consolidation of service districts.  (a) The city council may by ordinance consolidate two or more service districts upon (1) The districts are contiguous or are in a continuous boundary; and (2) The services provided in each oft the districts are substantially the same; or (3) If the services provided are lower for one of the districts, there is a need to increase those services for that district to the level of that enjoyed by the other (b) Report. - Before the public hearing required by subsection (c), the city council shall  finding that:  districts.  cause to be prepared a report containing:  (1) A map oft the districts to be consolidated;  NC General Statutes Chapter 160A. Article 23  7    (2) A statement showing the proposed consolidation meets the standards of (3) Ifnecessary, a plan for increasing the services for one or more oft the districts SO that they are substantially the same throughout the consolidated district. The report shall be available in the office of the city clerk for at least two weeks before the (c) Hearing and Notice. - The city council shall hold a public hearing before adopting any ordinance consolidating service districts. Notice oft the hearing shall state the date, hour, and place of the hearing and its subject, and shall include a statement that the report required by subsection (b) is available for inspection in the office of the city clerk. The notice shall be published at least once not less than one week before the date of the hearing. In addition, the notice shall be mailed at least four weeks before the hearing to the owners as shown by the county tax records as of the preceding January 1 of all property located within the consolidated district. The notice may be mailed by any class ofU.S. mail which is fully prepaid. The person designated by the council to mail the notice shall certify to the council that the mailing has been (d) Effective Date. = The consolidation of service districts shall take effect at the beginning of a fiscal year commencing after passage of the ordinance of consolidation, as (e) Passage of Ordinance. - No ordinance consolidating two or more service districts as provided for in subsection (a) of this section shall be finally adopted until it has been passed at two meetings of the city council by majority vote oft the voting members present, and no service districts shall be consolidated except by ordinance. (1973, C. 655, S. 1; 1981, c.53, ,s.2;2016-8,  subsection (a); and  public hearing.  completed, and his certificate shall be conclusive int the absence of fraud.  determined by the council.  s.5.)  $160A-540. Required provision or maintenance of services.  (a) New District. - When a city defines a new service district, it shall provide, maintain, or let contracts for the services for which the residents of the district are being taxed within a reasonable time, not to exceed one year, after the effective date ofthe definition of the district. (b) Extended District. - When a city annexes territory for a service district, it shall provide, maintain, or let contracts for the services provided or maintained throughout the district to the residents of the area annexed to the district within a reasonable time, not to exceed one (c) Consolidated District. - When a city consolidates two or more service districts, one of which has had provided or maintained a lower level of services, it shall increase the services within that district (or let contracts therefor) to a level comparable to those provided or maintained elsewhere in the consolidated district within a reasonable time, not to exceed one  year, after the effective date of the annexation.  year, after the effective date oft the consolidation. (1973, C.655, s.1.)  $160A-541. Abolition of service districts.  Upon finding that there is no longer a need for a particular service district, the city council may by ordinance abolish that district. The council shall hold a public hearing before adopting an ordinance abolishing a district. Notice of the hearing shall state the date, hour and place of the hearing, and its subject, and shall be published at least once not less than one week before the date of the hearing. The abolition of any service district shall take effect at the end of a fiscal  NC General Statutes Chapter 160A Article 23  8    year following passage of the ordinance, as determined by the council. (1973, C. 655, S. 1;  2016-8,s.6.)  $160A-542. Taxes authorized; rate limitation.  (a) A city may levy property taxes within defined service districts in addition to those levied throughout the city, in order to finance, provide or maintain for the district services provided therein in addition to or to a greater extent than those financed, provided or maintained for the entire city. In addition, a city may allocate to a service district any other revenues whose (b) Property subject to taxation in a newly established district or in an area annexed to an existing district is that subject to taxation by the city as ofthe preceding January 1. (c) Property taxes may not be levied within any district established pursuant to this Article in excess of a rate on each one hundred dollar ($100.00) value of property subject to taxation which, when added to the rate levied city wide for purposes subject to the rate limitation, would exceed the rate limitation established in G.S. 160A-209(d), unless that portion of the rate in excess oft this limitation is submitted to and approved by a majority of the qualified voters residing within the district. Any referendum held pursuant to this subsection shall be held (d) In setting the tax rate, the city council shall consider the current needs, as well as the long-range plans and goals for the service district. The city council shall set the tax rate sO that there is no accumulation of excess funds beyond that necessary to meet current needs, fund long-range plans and goals, and maintain a reasonable fund balance. Moneys collected shall be used only for meeting the needs of the service district, as those needs are determined by the city (e) This Article does not impair the authority of a city to levy special assessments pursuant to Article 10 ofthis Chapter for works authorized by G.S. 160A-491, and may be used  use is not otherwise restricted by law.  and conducted as provided in G.S. 160A-209.  council.  in addition to that authority. (1973, C.6 655,s.1;2015-241, S. 15.16B(b).)  $160A-543. Bonds authorized.  Acity may incur debt under general law to finance services, facilities or functions provided within a service district. If a proposed general obligation bond issue is required by law to be submitted to and approved by the voters of the city, and if the proceeds of the proposed bond issue are tol be used in connection with a service that is or, ift the bond issue is approved, will be provided only for one or more service districts or at a higher level in service districts than city wide, the proposed bond issue must be approved concurrently by a majority of those voting throughout the entire city and by a majority oft the total of those voting in all of the affected or to  be affected service districts. (1973, C. 655, S. 1; 2004-151,s.4 4.)  $160A-544. Exclusion of personal property of public service corporations.  There shall be excluded from any service district and the provisions of this Article shall not apply to the personal property of any public service corporation as defined in G.S. 160A-243(c); provided that this section shall not apply to any service district in existence on January 1, 1977.  (1977,c.7 775,s.4.)  SS 160A-545 through 160A-549. Reserved for future codification purposes.  NC General Statutes Chapter 160A. Article 23  9    RESOLUTION NUMBER 2024-087  RESOLUTION APPROVING COOPERATIVE AGREEMENT  (Fishing Access Area on Carter Street)  WHEREAS, the City of Mount Airy owns a 3.12-acre parcel located on Carter Street WHEREAS, this property is adjacent to the Ararat River and the City desires to use WHEREAS, the North Carolina Wildlife Resources Commission desires to create and WHEREAS, the City and Surry County wishes to increase recreational opportunities for the public by cooperating with the NC Wildlife Commission to improve angler access  (PIN3929-12-75-6513); and  this property for recreational purposes; and  improve public fishing access along the Ararat River in Surry County; and  along the Ararat River; and  WHEREAS, it is staff recommendation to approve a Cooperative Agreement Between NC Wildlife Resources Commission, County of Surry, and City of Mount Airy for  such opportunities on the mentioned City-owned property:  NOW, THEREFORE BE IT RESOLVED BY THE CITY OF MOUNT AIRY  BOARD OF COMMISSIONERS MEETING IN OPEN SESSION THAT:  Section 1. The Board of Commissioners does hereby approval the Cooperative Agreement  between NC Wildlife Resources Commission, County of Surry, and City of Mount Airy for the above-mentioned public fishing access area on 3.12-acre  City-owned property located on Carter Street.  Section 2. The Board of Commissioners does hereby authorize the City Manager to  execute said Cooperative Agreement per review and approval by the City  Attorney.  Section 3. This resolution shall become effective upon approval. Approved and adopted this the 6th day of, June, 2024.  Jon Cawley, Mayor  ATTEST:  Melissa N. Brame, City Clerk    NORTHCAROLINA SURRY COUNTY  CLIPPING OF LEGAL ADVERTISEMENT ATTACHED HERE  AFFIDAVIT OF PUBLICATION  Before the undersigned, a Notary Public of said County and State, duly commissioned, qualified and authorized by law to administer oaths, sworn, deposes and says: that he (she)i is Regional General Manager (Publisher or other officer or employee authorized to make affidavit) of ADAMS PUBLISHING GROUP, LLC, engaged in the publication of a newspaper known as MOUNT AIRY NEWS, published, issued, and entered as periodicals class mail in the city of Mount Airy in said County and State; that he (she) is authorized to make this affidavit and sworn statement; that the notice or other legal advertisement, at true copy ofwhich is attached hereto, was published in MOUNT AIRY NEWS on the  personally appeared Serena Bowman  who being first duly  NOTICE The City of Mount Airy Board of Commissioners ("Board") proposes erative Agreement to enter into with a the Coop- NC Wildlife Resources Commis- regarding sion and the construction County of ofa Surry public fishing access area at the 3.12-acre City-owned prop- erty. located on Carter Street (PIN pose 592912756513): oft the proposed agree- The pur- ment ist to create ana access point for fishing and launch- ing/retrieving of float-style ves- sels. If all parties approve the project, County, willf fundi initial construction nott to exceed $150.000.00, NCWRC will de- sign and construct, and City will provide the land and cer- tain repairs. The termi is 25 years. 160A-2721 Notice given that pursuant the Boardi to G.S. in- tends to authorize the agree- June ment at 6, 2024, its regular at 6:00 meeting pmi in on the Council Building. Chamber Alli interested oft the Munic- per- ipal sons arei invited.. Information toattendt the meeting in person orv virtually will bei included on the City's website: www.moun- tairy.org. Publish: 4-20-24 224308  following dates:  4-20-24  and that the said newspaper in which such notice, paper, document or legal advertisement was published was, at the time of each and every such publication, a newspaper meeting all of the requirements and qualifications of Section 1-597 of the General Statutes of North Carolina and was a qualified newspaper within the meaning of Section 1-597 oftl the  General Statutes ofNorth Carolina. This_ a20 day of  2024  Apil  deberme Signature of person making affidavit  Sworn to and subscribed before me, this 32pe day of  Agril Notary Public  2024  Bpdehut  My Commission expires: Seplonbr 138086  JENNA. JOHNSON Notary Public- North Carolina Surry County My CommissionE Expires September 13,: 2026    COOPERATIVE AGREEMENT  BETWEEN  NORTH CAROLINA WILDLIFE RESOURCES COMMISSION  COUNTY OF SURRY  AND  CITY OF MOUNT AIRY  THIS Agreement, made and entered into this  day of  by and between the North Carolina Wildlife Resources Commission, hereinafter called the Commission, County of Surry, hereinafter called the County; and City of Mount Airy,  hereinafter called the City:  WITNESSETH:  Whereas, the Commission is authorized to create and improve public fishing access in inland Whereas, it is desirable for the Commission to improve public fishing access along the Ararat Whereas, it is desirable for the County and City to increase recreational opportunities for the public by cooperating with the Commission to improve angler access along the Ararat River in Now, therefore, in consideration of the mutual advantages likely to result from this Agreement  waters for the benefit ofanglers ofNorth Carolina; and  River in Surry County; and  Surry County at the proposed City of Mount Airy location; and the respective obligations assumed herein, A. The COMMISSION agrees to:  1. Design and construct a fishing access area with a gravel access road, gravel parking area, launch steps, and American with Disabilities Act Compliant parking spot at a mutually agreed upon site at the City of Mount Airy location, all of which is referred to herein as  "Fishing Access Area.";  2. Serve as the manager of the Construction Project;  3. Apply, receive and comply with all permits necessary for the Fishing Access Area; 4. Provide construction drawings of the Fishing Access Area to the County and City for  review, revision and approval prior to construction;  1    5. Provide construction materials (e.g., stone, hardware, gravel, concrete, lumber, etc.) for the 6. Provide necessary personnel for the construction ofthe Fishing Access Area;  Fishing Access Area;  7. Assist with public awareness of the Fishing Access Area, including posting the Fishing Access Area on the Commission webpage and provide and install a kiosk and signage 8. Comply with all laws, ordinances, codes, rules, regulations and licensing requirements that are applicable to the conduct of its business and its performance in accordance with this Agreement including those of federal, federal uniform guidance, state and local agencies  identifying the Public Fishing Access Area; and  having, jurisdiction and/or authority.  B. The COUNTY agrees to:  1. Permit Commission personnel engaged in planning, construction, or post-construction of the Fishing Access Area access to the Fishing Access Area site location;  2. Fund the construction of the Fishing Access Area not to exceed $150,000. The County shall be responsible for payment within 30 days after construction of the Fishing Access 3. Ensure that the Commission is recognized in all press releases, brochures and advertisements developed by the County concerning visitation and use of the Fishing 4. Permit fishing and launch and recovery of float-style vessels by the general public at the 5. Comply with all laws, ordinances, codes, rules, regulations, and licensing requirements that are applicable to the conduct ofits business and its performance in accordance with this Agreement including those of federal, state, and local agencies having, jurisdiction and/or  Area is complete and accepted by the County;  Access Area;  City ofl Mount Airy Area;  authority. C.The CITY agrees to:  1. Permit Commission personnel engaged in planning, construction, or post-construction of the Fishing Access Area access to the Fishing Access Area site location; 2. Provide the parcel of land necessary to complete the project. City shall retain title in fee to  parcel;  2    3. Be solely responsible for any work-related items outside of the scope of work to be provided by the Commission, including, but not limited to, utility relocations, asphalt 4. Provide any additional signs for posting on the kiosk at the Fishing Access Site; 5. Be responsible for any repairs to the Fishing Access Area that do not require design consultation, this includes but is not limited to, sediment removal, restriping, single board replacement or minor shoreline stabilization repairs not requiring aj permit modification; 6. Maintain the grounds surrounding the Fishing Access Area, including but not limited to, keeping the grass mowed at regular intervals year-round and removing litter regularly; 7. Ensure that the Commission is recognized in all press releases, brochures and advertisements developed by the City concerning visitation and use ofthe Fishing Access 8. Permit fishing and launch and recovery of float style vessels by the general public at the 9. Comply with all laws, ordinances, codes, rules, regulations, and licensing requirements that are applicable to the conduct of its business and its performance in accordance with this Agreement including those of federal, state, and local agencies havingjurisdiction and/or 10. Be solely responsible for any work-related items outside of the scope of work to be provided by the Commission, including, but not limited to, utility relocations, asphalt 11. Ensure that the Commission is recognized in all press releases, brochures and advertisements developed by the City concerning visitation and use oft the Fishing Access  addition and landscaping.  Area;  City of Mount Airy Access Area;  authority.  addition and landscaping.  Area;  D. Itis mutually agreed that:  1. "Mount Airy Public Fishing Access Area" is the formal name of the Fishing Access Area; 2. The purpose of the Fishing Access Area is to provide public access for fishing and the launching and retrieving of vessels. It is unlawful to use any public fishing access area for purposes other than fishing as stated in 15A NCAC 10E .0104(f), unless other uses are 3. The gravel access road, gravel parking area, launch steps, and American with Disabilities Act compliant parking spot at the Fishing Access Area become the property of the City  approved and posted;  after construction is completed;  3    4. The gravel access road, gravel parking area, launch steps, and American with Disabilities Act Compliant parking spot at the Fishing Access Area will be open to the public with no closure of the site except for repair purposes, emergency situations, and limited special 5. Fishing regulations and licenses, as required by state law, shall be jointly publicized and 6. Include the Fishing Access. Areai mutually on patrolsofCommission Wildlife Enforcement 7. Nothing in this Agreement shall obligate either party to any conditions not specifically 8. This Agreement shall become effective as soon as it is signed and dated by both parties 9. Either party mayt terminate its involvement int this Agreement by written notice to the other at least 90 days in advance of the date on which termination is to become effective. The City shall be responsible for payment of all expenditures and services provided prior to termination of this agreement to the Commission within 90 days oft the termination date; 10. During and after the term hereof, the State Auditor and anyone using the agency'sinternal auditors shall have access to persons and records related to this Agreement to verify accounts and data affecting fees or performance under the Agreement, as provided in G.S. 11.7 This Agreement and any documents incorporated specifically by reference represent the entire agreement between the parties and supersede all prior oral or written statements or 12. This Agreement may be amended only by a written amendment duly executed by the 13. The failure to enforce or the waiver by any party of any right or an event of breach or default on one occasion or instance shall not constitute the waiver ofs such right, breach, or 14. Neither party shall be deemed to be in default ofi its obligations hereunderi ifa and SO long as it is prevented from performing such obligations as ai result ofe events beyond its reasonable control, including without limitation, fire, power failures, any act of war, hostile foreign action, nuclear explosion, riot, strikes or failures or refusals to perform under subcontracts (unless such failure or refusal results from the failure of a party to discharge or fulfill a contractual obligation), civil insurrection, earthquake, hurricane, tornado, or other  uses;  the Commission will enforce these laws;  Officers and local County and City enforcement;  stated herein;  and shall continue in effect for 25 years from the date ofs signing;  143-49(9);  agreements;  Commission, the County and the City;  default on any subsequent occasion or instance;  catastrophic natural event or act ofGod;  4    15. That notwithstanding any other term or provision of this Agreement, nothing herein is intended nor shall be interpreted as waiving any claim or defense based on the principle ofs sovereign immunity that otherwise would be available to either party under applicable 16. The place of this Contract, its situs and forum, shall be North Carolina, where all matters, whether sounding in Contract or tort, relating to its validity, construction, interpretation 17.This Contract is made under and shall be governed, construed and enforced in accordance with the laws ofthe State ofNorth Carolina, without regard to is conflict of laws rules. In witness whereof, the parties hereto have executed this Agreement the day and year of the last  law.  and enforcement shall be determined.  signatory.  Approved and agreed to:  N.C. Wildlife Resources Commission Cameron Ingram, Executive Director Date  Gary Gardner, Chief Engineering Services  Date  NCWRC County of Surry County Manager Surry County ATTEST County Clerk Surry County City of Mount Airy City Manager Mount Airy ATTEST City Clerk Mount Airy  Date  Date  Date  Date  5    ISIZID      RESOLUTION NUMBER 2024-088  RESOLUTION AWARDING PHASE II CONTRACT FOR SPENCER'S MILL SITE  REDEVELOPMENTI PROJECT  WHEREAS, this project is Phase III of a multi-phase plan that includes replacing and/or extending all public infrastructure on and around the former Spencer's Mill site; and WHEREAS, the purpose of Phase III is to rehab existing public water, sewer, and storm drain lines behind and adjacent to the new Balladeer Hotel and also includes rough  grading the future parking areas behind the proposed hotel; and  WHEREAS, the City of Mount Airy advertised for bids for Phase III the Spencer's  Mill Site Redevelopment Project; and  WHEREAS, the results are as follows:  Contractor  Total Bid $536,041.00 $558,597.00  Jimmy R. Lynch & Sons, Inc.-Pilot Mountain, NC Simcon General Contractors-Mount Airy, NC  WHEREAS, it is staff recommendation to award this contract to Jimmy R. Lynch & Sons, Inc. for the amount of $536,041.00 with a total budget amount of $575,000.00 to allow  for contingencies:  NOW, THEREFORE BE IT RESOLVED BY THE CITY OF MOUNT AIRY  BOARD OF COMMISSIONERS MEETING IN OPEN SESSION THAT:  Section I. The Board of Commissioners does hereby award the contract for PHASE III  oft the Spencer's Mill Site Redevelopment Project to Jimmy R. Lynch & Sons, Inc. for the bid amount of $536,041.00 with a total budget amount of  $575,000.00 to allow for any contingencies.  Section 2. The Board of Commissioners does hereby authorize the Mayor to execute said  contract per review and approval by the City Attorney.  Section 3. This resolution shall become effective upon approval. Approved and adopted this the 6th day of. June, 2024.  Jon Cawley, Mayor  ATTEST:  Melissa N. Brame, City Clerk    City of Mount Airy Public Works Department  MOUN  P.O. Box 70 440 East Pine Street Mount Airy, North Carolina 27030 Phone: 336-786-3580 Fax: 336-719-7540  VORKS DERIN  Memo  TO: FROM: DATE: RE:  Darren Lewis, City Manager  Mitch' Williams, PE, Public' Works Director MR Spencer's Mill Site Redevelopment Phase 3  June 6, 2024  This project is Phase 3ofam multi-phase plan that includes replacing and/or extending all public infrastructure on and around the former Spencer's Mill site. As you may recall, back in 2020, Phase 1 replaced infrastructure in a portion of Willow Street and around. Spencer's Mill Apartments. Likewise, in2 2022, Phase 2 completed the infrastructure in Willow Street. Now, the purpose of Phase 3ist to rehabilitate existing public water, sewer and storm drainage lines behind and adjacent to the new Balladeer Hotel. Phase 3 also includes rough grading the future parking areas behind the proposed hotel. The parking areas will be completed with final grading, curb, asphalt, etc. at al later date. The project was first advertised for bids on April 20th, 2024. On May 15th, bids were received for the project but they were not opened due tor not having the: statute-required number of three bids. The pdeclwosre-adkerised. on May 18h, and bids were opened on. June 5th. The results are as follows:  Contractor  Total Bid $536,041.00 $558,597.00  Jimmy R. Lynch and Sons Inc., Pilot Mountain, NC Simcon General Contractors, Mount Airy, NC  Based on their past satisfactory performance on City projects, itis recommended that the City award the contract to. Jimmy R. Lynch and Sons Inc. fori the amount of $536,041.00. However, in consideration of contingencies (+1-7%), we ask that the amount bei incrèased to $575,000.00.  Please let me know if you have any questions.    ORDINANCE NUMBER 2024-046  ORDINANCE EXTENDING MUNICIPALSERVICE DISTRICT BOUNDARY WHEREAS Article 23, Chapter 160A of the North Carolina General Statutes authorizes the City Council of any city within the State of North Carolina to define one or more service districts for the purposes enumerated in the act and to annex territory to any  service district pursuant to the procedures therein described;  AND WHEREAS on June 24, 1975 the Board of Commissioners of the City of Mount Airy adopted a resolution creating a Municipal Service District embracing much of  downtown Mount Airy;  AND WHEREAS the Board of Commissioners of the City of Mount Airy deems it desirable and to the best interest of all oft the citizens of the City of Mount Airy to extend the  boundaries oft the Municipal Service District sO created;  AND WHEREAS the Board of Commissioners oft the City of Mount Airy has caused a report to be prepared containing a map of the proposed extensions to the Municipal Service District with the boundaries of said extensions outline thereon and a statement showing that the proposed extensions meet standards and requirements of North Carolina General Statutes 160A-538 and has proposed a plan for extending services to such areas to be annexed;  AND WHEREAS the report, as prepared, was filed in the office of the Clerk and was available for public inspection for at least two weeks before June 6, 2024, the date established  for public hearing thereon;  AND WHEREAS, notice of the public hearing was published once, not less than one week before the date of the public hearing, in a newspaper having general circulation in Mount Airy and Surry County, and the notice required by North Carolina General Statutes 160A-538(d) was mailed by first class mail, fully prepaid, to the owners of all of the property located within the proposed Municipal Service District extensions as shown by the County  tax records as of January 1, 2024;  AND WHEREAS at six o'clock, June 6, 2024, a public hearing was conducted at the Municipal Building of the City of Mount Airy on the extensions of the Municipal Service District at which time the proposal for extending the Municipal Service District was  reviewed and all public comments duly noted;  AND WHEREAS the Board of Commissioners of the City of Mount Airy had determined that the Municipal Service District should be extended to include the extensions  as hereinafter described; City of Mount Airy that:  NOW THEREFORE, BE IT ORDAINED by the Board of Commissioners of the    Section 1. By virtue of the authority granted by North Carolina General Statute 160A-538, the Municipal Service District of the City of Mount Airy is hereby extehded by  annexing the following properties: 1. Property Owner(s):  APG Real Properties of Mount Airy LLC 4096 Coon Rapids Blvd NW Coon Rapids, MN 55433-2523 5020-11-75-4656 0.82 Acres B-1 (Central. Business) $1,036,600 $2,176.86  Tax ID: Acreage: Zoning District: Assessed Value:  Revenue Generation (.21/100):  2. Property Owner(s):  APG Real Properties of Mount Airy LLC 4096 Coon Rapids Blvd NW Coon Rapids, MN 55433-2523 5020-11-75-4716 0.44 Acres B-1 (Central Business) $125,730 $264.03  Tax ID: Acreage: Zoning District: Assessed Value:  Revenue Generation (.21/100):  AND WHEREAS each of the areas proposed to be annexed is contiguous to the existing Municipal Service District and at least one-eight (12.5%) of the aggregate external boundary of each of the areas is coincident with the existing boundary of the district.  Section 2. This Ordinance shall take effect on July 1, 2024. Approved and adopted this the 6th day of. June, 2024.  Jon Cawley, Mayor  ATTEST:  Melissa N. Brame, City Clerk