City of Mount. Airy Regular Board Meeting May 16, 2024 6:00 pm  Council Chamber Municipal Building 300 South Main Street Mount Airy, N.C.  This Meeting willl be held in the Council Chamber oft thel Mount Airy Municipal Building and also virtually by viewing through the  following Zoom link:  Atps/nst2web.zom.ts700M,1E182102450641  using password COMA ifprompted. You may also view this meeting via Facebook Live by connecting to the City's Facebook page' The City ofl Mount Airy, NC. Link will bej posted on www.mountairyorg the day of the meeting.  AGENDA  Welcome and Call to Order.. Invocation.. Pledge of Allegiance.  Mayor Cawley Commissioner Cochran Everyone  Items for Discussion and Possible Action  1.) APPROVAL OF 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 b) **Resolution Designating Official Depositories and Signatory Authority: Resolution No. 2024-076 **Budget Ordinance Amendment for Computer Software Subscription Arrangements: Ordinance No. d) **Project Ordinance Amendment #2: for Mill District Streetscape Grant Project: Ordinance No. 2024-042  agenda, thatitem will be considered in its listed place on the agenda. a) **Approval ofl Minutes: "April 4, 2024 Regular Meeting  2024-039  3.) SPECIAL RECOGNITIONS: a) City Employee Anniversary Recognitions  4.) PUBLIC HEARINGS: 5.) PRESENTATIONS: 6.) PUBLIC FORUM: 8.) OLD: BUSINESS 9.) NEWI BUSINESS:  a) Proposed FY 2024-2025 Budget  b) Request to. Rezone 14 Parcels Along Riverside Drive and E. Pine Street  7.) ITEMS REMOVED FROM CONSENT AGENDA:  a) Ordinance Approving Rezoning of 14 Parcels Along Riverside Drive and E. Pine Street: Ordinance No.  2024-043  b) Approval of Fiscal Year 2024-2025 Budget:  i. FY 2024-2025 Budget Ordinance: Ordinance No. 2024-040 iv. Amending Schedule of Fees: Resolution No. 2024-078  ii. Levying Privilege Licenses for Fiscal Year Beginning July 1, 2024: Ordinance No. 2024-041 iii. Adopting Financial Plan for Internal Service Fund Fiscal Year 2024-2025: Resolution No. 2024-077 c) Resolution Approving Turnover. Agreement for Siamese Twins Museum: Resolution No. 2024-079 d) Resolution. Approving Lease. Agreement: for Siamese Twins Museum & Blackmon Amphitheatre Bathrooms:  Resolution No. 2024-080  e) Resolution Approving Facility Naming Policy: Resolution No. 2024-081 f) Resolution Approving Use of City Seal Policy: Resolution No. 2024-082  g) Oakdale Cemetery Maintenance Update:    10.) OTHER BUSINESS: 11.) REMARKS BY OFFICIALS:  a. City Council b. City Manager . City Attorney  12.) CLARIFICATIONREBUTTAL BY MAYOR. AND CITY COUNCIL:  13.) CLOSED SESSION: 14.) ADJOURNMENT:  a) Pursuant to NC65145-31811Q) Economic Development    MOUNT AIRY, NORTH CAROLINA REGULAR MEETING MINUTES  April 4, 2024  MEMBERS PRESENT: Mayor Jon Cawley, Commissioners Phil Thacker, Tom Koch, Marie  Wood, Chad Hutchens, and Deborah Cochran.  Mayor Cawley welcomed everyone and called the meeting to order.  APPROVALOE AMENDED AGENDA:  Commissioner Koch made a motion to remove Discussion of Election Signage from Item 8-e and replace it with Discussion ofIT Department and it was passed unanimously. Commissioner Koch made a motion to approve the Amended Agenda and it was passed  unanimously. CONSENT AGENDA: by way of Consent Agenda: APPROVALOF MINUTES: February 14, 2024 Strategie Planning Meeting February 15, 2024 Regular Meeting February 29, 2024 Special Called Meeting  On motion by Commissioner Koch and passed unanimously, the following items were approved  RESOLUTION V2--APOLVTION APPROVING TAX RELEASES:  RESOLUTION NUMBER 2024-063 AI RESOLUTION Approval of Tax Releases  WHEREAS, a list of taxes to be released has been submitted by the Revenue Collections Supervisor in her capacity ofTax Collector for the City of Mount Airy Finance Department; and WHEREAS, North Carolina General Statute 105-373 provides for settlement of such taxes; and WHEREAS North Carolina General Statute 105-381 provides for release or refund oft taxes; and NOW THEREFORE BE IT RESOLVED BY THE CITY OF MOUNT AIRY BOARD OF Section 1. Said taxes be released or refunded in accordance with said statutes for the reasons Section 2. This Resolution shall become effective upon approval by the Board of  COMISSIONERS MEETING IN OPEN SESSIONTHAT:  stated on the attached list.  Commissioners of the City ofl Mount Airy.  Adopted this 4th day of April, 2024.  1    Date: 21-Mar-24 To:  Board of Commissioner of City ofMount Airy Michele McDaniel, Tax From: Collector Release and Refund of City Re.: Property Taxes  TAX AMOUNT  Late  Account Taxpayer 2023- General Fund Jeffers, Bruce 355774 Alan 2023- General Fund Smith, Macy 35820 Glenn 2023- General Fund Tate, Jason 35838 Matthew 2023- General Fund  Value 4,208.00 7,268.00 - 29,269.00  Real Advertising Personal Listing Total  Reason  Full release billed ini the wrong situs-  25.25  25.25  T3/D03  43.61 3.49 47.10  Full release on a 2014 CYNE Sold Partial release for a2 2018 key boat  175.61  175.61 marked offt the 2023 listing  Total  40,745.00  244.47 3.49 247.96  Grand Total 40,745.00  244.47 3.49 247.96  RESOLUTION 2021-6-RESOLTION MAKING BOARD OF ADJUSTMENT  APPOINTMENT:  RESOLUTION NUMBER 2024-064  RESOLUTION MAKING BOARDOF. ADJUSTMENT APPOINTMENT  WHEREAS, there is a vacancy on the Board of Adjustment for the City of Mount Airy; WHEREAS, it is recommended that Amy Zalescik be appointed to fill the vacancy of the NOW, THEREFORE BE: ITI RESOLVED BYTHE CITY OF MOUNT. AIRY BOARD  and  2nd Alternate on the Board of Adjustment:  OF COMMISSIONERS MEETING. IN OPEN SESSION: THAT:  2    Section 1.  Amy Zalescik is hereby appointed to the Board of Adjustment for a term of four-  years, which shall expire April 30, 2028.  Section 2. This resolution shall become effective upon approval. Approved and adopted this the 4th day of April, 2024.  RESOLUTION V21-06-RESOLTION SETTING PUBLIC HEARING-CODE OF ORDINANCE AMENDMENT REGARDING REDUCTION OF BOARD OF ADJUSTMENT  MEMBERSHIP:  RESOLUTION NUMBER. 2024-065  RESOLUTION: SETTING! PUBLICI HEARING REGARDING AMENDMENIS TO SECTION: 12.1 OFTHE CITY OF MOUNT. AIRY CODE OF ORDINANCES  (Board of Adjustment Reduction)  WHEREAS, the following proposed amendments (in bold) are recommended for approval  by the City of Mount Airy Planning Department: 12.1 Establishment of Board of Adjustment  A Board of Adjustment is hereby established. Said board shall consist of seven (7) mine-(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 and the alternate members be empowered to vote on any matter that comes before the  reappointed for any number of successive terms.  available to take the place of such members.  board.  WHEREAS, the Planning Board of the City of Mount Airy has recommended approval of NOW,THEREFORE BEI IT RESOLVED BYTHE CITY OF MOUNT AIRY BOARD  the request to the Board of Commissioners:  OFCOMMISSIONERS MEETING IN OPEN SESSION THAT:  Section 1.  That a public hearing be scheduled for' Thursday, April 18, 2024 at 6:00 pm to hear  public comments on the above mention request.  3    Section 2.  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)  days prior to the date oft the public hearing.  Section 3. This resolution shall become effective upon approval. Approved and adopted this the 4th day of April, 2024.  RESOLUTION V2-06-RESOLTION SETTING PUBLIC HEARING-CODE OF ORDINANCESAMENDMENT REGARDINGTOBACCONVAPE/HEMPSHOPS:  RESOLUTION NUMBER 2024-066  RESOLUTIONSETTINGPUBLICHEARING REGARDING CITY OFI MOUNT AIRY  ZONINCORDINANCE. AMENDMENIS (lohaccolVapellemp Stores)  WHEREAS, the following proposed amendments (in bold) 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 * 42 S  20 15  2 3 K % - 5  Retail Uses *  Tobacco/apellemp Store  SR4 42  Tohaeeo/yape/lemp Store  Such uses shall comply with the following slandards:  A.  Location Requirements  1.  No store shall be located within one-lhousand (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 zoned property. No store shall be located within one-thousand (1000") feet- measured in a straight line from property line to property line- ofany other Tohaeco/Vape/lemp retail store that exists or has There shall be no more than one (1) use subject 10 these standards on the same parcel. group of adjacent parcels under common ownership or tenancy or in the same building, structure  library. childcare center or public park.  2. 3.  been permitted.  4.  or1 portion thereof.  B. Use Rexuirements  4    Items including but not limited to Kratom, Cannabidiol (CBD). Delta- 8. Delta-10and similar non-tobacco related items may not. account for AIl federal, state and local laws, rules and regulations must be adhered toi in the operation of's such establishments. This includes regulations pertaining to advertisements, age restrictions and legaliy of products  more than twenty-live (25%) percent of gross sales.  C.  sold.  15.4.B  Definitions Related to Adult Oriented Businesses  Tobaee/Vape/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 whether the 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, "tobacco product" includes, bul is not limiled to, cigarelles. cigars, pipe tobacco, electronic cigareltes. e-liquids. hookah, smoked or vaped tobacco substitutes. chewing tobacco, sunff. snus, dissolvable tobacco products, and healed tobacco products. The term "tobacco product" does not include nicotine replacement. products approved by the USFDA for treatment of 2. Any hemp or hemp-derived consumable product or hemp-derived camabinoid 3. Any consumer commodity product that contains mitragymme or 7- lydroxymytragynine 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 electronie cigarette,  tobacco use and dependence.  product.  commonly known as kratom.  electronic cigar, electronic pipe, vapeore electronichookah.  Hemp-derived consumable product. A hemp product intended for human ingestion or inhalation that contains a alw-TICcucutration of not more than three-tenths ofone percent (0.3%)on adry weight basis but may contamn concentrations ofother hemp-derived camnabinoids. including CBD, CBDA, 2 CBG, CBGA. CBN, THCA, and THCP. in excess of that amount. This Lerm does not include hemp products intended for topical application, or seeds or seed derived ingredients that are generally recognized as safe by the United Stales Food and Drug Administration (FDA). Hemp-derived cannabinoid. Any phytocannabinoid found in hemp, including delta-9 etrahydrocamalhinol (delta-9 THC), etralydrocammahinolie acid (THCA), cannabidiol (CBD), cannabidiolie acid (CBDA). cannabinol (CBN). cannabigerol (CBG). camabichromene (CBC). cannabicyclol (CBL), camnabivarin (CBV), etralylnveammabivarin (THCV). cammabidivarin (CBDV). cannabicitran (CBT). delta-7 etmalydrocmmnabinol (delta-7 THC). delta-8 ctralydrucmmabhinol (delta-8THC). or delta-1Otetralydrocamabinol (delta-1OTHC). This term also includes any synthetic cannabinoid derived from hemp and contained in a hemp-derived  Hemp product. As delined in G.S. 90-87.  consumable product.  5    WHEREAS, the Planning Board oft the City of Mount Airy has recommended approval of NOW,THEREFORE BE ITI RESOLVED BYTHE CITY OF MOUNT AIRY BOARD  the request to thel Board of Commissioners:  OFCOMMISSIONERS MEETING, IN OPEN SESSIONTHAT:  Section 1. That aj public hearing be scheduled for Thursday, April 18, 2024 at 6:00 pm to hear  public comments on the above mention request. days prior to the date oft the public hearing.  Section 2.  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)  Section 3. This resolution shall become effective upon approval. Approved and adopted this the 4th day of April, 2024.  ORDINANCE 2024-035-BUDGETORDINANCE AMENDMENT FOR REPLACEMENT OF (2)  HVACUNITS. ATMOUNT AIRYPUBACIIBKARE  ORDINANCE NUMBER 2024-035 BUDGET ORDINANCE AMENDMENT  WHEREAS the City of Mount Airy adopted the 2023-24 budget on June 1, 2023; AND WHEREAS the City of] Mount Airy included $30,000 in the budget to replace two HVAC units at the Library and the cost to replace the units is $36,500; AND WHEREAS it is necessary to amend the budget ordinance in order to appropriate the AND WHEREAS General Statute 159-15 oft the North Carolina Government Fiscal Control NOW,THEREFORE, be it ordained that authorization is hereby given to make the  additional $6,500 to replace the units;  Act provides authority to amend a current municipal budget;  following adjustments:  Increase (Decrease) 6,500 6,500 6,500 6,500  Section 5. Capital Investment Fund Appropriations  Legislative  Section 6. Capital Investment Fund Revenue Estimates  Fund Balance. Appropriation  Adopted this 4th day of April, 2024.  6    (end of consent agenda) SPECIAL: RECOGNITION:  a) Child Abuse Prevention Month Proclamation:  Mayor Cawley read the Proclamation Declaring the month of April, 2024 as Child Abuse Prevention Month in the City of Mount Airy and presented the Proclamation to Robin  Testerman. PRESENTATIONS:  a) Mount Airy Farmers Market Update: Joe Zalescik:  Joe Zalescik updated the Board on the 2024 Mount Airy Farmers Market season. This is the fifth year of the Farmers Market location at the Post Office parking lot. There will be 25 vendors and two nonprofits at the market this year as well as having music each week. They will be adding a monthly kid's day with arts and crafts and showing them how to grow plants. The market will have 14 food vendors and 11 handmade craft vendors. The 2024  Mount Airy market schedule will be on Fridays from 9:00am until 1:00pm.  PUBLIC FORUM:  Mayor Cawley declared the Public Forum open for comments.  David Hall, 237 Jackson Road (city resident): Invited everyone to attend a Safety March down Main Street on April 20, 2024. This march will be to honor the safety of citizens and businesses in Mount Airy. The march will begin at PNC Bank at 9:00 am and end at the  Municipal Building.  Seeing no other speakers, Mayor Cawley declared the Public Forum closed.  NEW BUSINESS: Benchmark Planning:  a) Resolution 2024-067-Resolation Approving Contract Between City of Mount Airy and On motion by Commissioner Wood and passed unanimously, Resolution 2024-067 was  approved.  RESOLUTION NUMBER 2024-067  RESOLUTION AUTHORIZING APPROVAL OF CONTRACT WITH BENCHMARK  PLANNING  WHEREAS, Benchmark Planning provides services in the areas ofl land use planning, development ordinance preparation, master planning, urban design, outsourced local government staffing, downtown revitalization, planning and zoning administration, and  much more; and  WHEREAS, Benchmark's experienced professionals provide planning services to the WHEREAS, the proposed contract between the city and Benchmark Planning is in the amount of $158,775 annually to go into effect July 1, 2024 through June 30, 2025:  City of Mount Airy five days a week; and  7    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 approve the contract for planning  services with Benchmark CMR, Inc. for the amount of $158,775 annually, which will go into effect July 1, 2024 and expiring June 30, 2025.  Section 2. The Board of Commissioners does hereby authorize execution of the agreement  by the City of Mount Airy upon review and approval by the City Attorney.  Section 3. This resolution shall become effective upon approval. Approved and adopted this the 4th day of April, 2024.  b) Resolution 2024-068-Resolation Receiving Offer for Purchase of City-Owned Property and Hugh Campbell mentioned the property in question is a vacant lot with a tax value of $9,600. There was a house on the property that had been abandoned and by the order of the Board, the home was demolished and the City foreclosed the lien. The cost of unpaid taxes, the demolition cost, and mowing bills, the city is owed $7,746. Pursuant to a previous order of this Board, this lot was foreclosed on by Kania Law Firm in Asheville. They have been trying to sell the property to recover the city's money. They also tried a public auction as well as using real estate agents to sell with no success. The City has received a bid for this property in the amount of $3,000. His recommendation is for the board to accept the $3,000 offer and expose this property to the upset bid process. At the end of the upset bid process, the board will have the opportunity to accept or reject any and all bids. Mr. Slate has stated that he has been mowing the property for the past eight years at no cost to the City. On motion by Commissioner Koch and passed unanimously, Resolution 2024-068 was  Authorizing Upset Bid Process:  approved.  RESOLUTION NUMBER 2024-068  RESOLUTION RECEIVING OFFER TOI PURCHASE CITY-OWNED. PROPERTY  AND. AUTHORIZING UPSET BIDI PROCESS  (2261 Wards Gap Road)  WHEREAS, the City of Mount Airy has received an offer to purchase property owned by WHEREAS, the offer for the purchase of the mentioned property is $3,000 made by Greg NOW, THEREFORE BE ITI RESOLVED BYTHE CITY OF MOUNT. AIRY BOARD  the City of Mount Airy located at 2261 Wards Gap Road (PIN 502112873311); and  Slate; and  OF COMMISSIONERS MEETING IN OPEN SESSION THAT:  8    Section 1. The Board of Commissioners does hereby accept the offer to purchase the property  located at 2261 Wards Gap Road and further instruct the City Clerk to advertise according to North Carolina General Statute 160A-269 for upset bids.  Section 2. This procedure shall be repeated until no further qualifying upset bids are received,  at which time the City Council may accept the offer and sell to the highest bidder. The City Council may, at any time, reject any and all of the offers.  Section 3. This resolution shall become effective upon approval. Approved and adopted this the 4th day of April, 2024.  c) Ordinance 2024-033-Project Ordinance Amendment #1 for Mill District Streetscape Grant On motion by Commissioner Cochran and passed unanimously, Ordinance 2024-033 was  Project: approved.  ORDINANCE NUMBER 2024-033 PROJECT ORDINANCE AMENDMENT #1 MILL DISTRICT STREETSCAPE GRANT PROJECT  FOR  WHEREAS the City of Mount Airy adopted a project ordinance for the Mill District Streetscape Project on AND WHEREAS iti is necessary to amend this project ordinance to reflect additional costs fori installation BE IT ORDAINED by the Board of Commissioners oft the City of Mount Airy, North Carolina, that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the project ordinance  September 7,2023; of underground power;  isl hereby amended as follows:  Section 3  The following amounts are appropriated for the project Economic and physical development  $ 310,000  Section 4  Thei following revenues are anticipated to be available to complete this project:  Transfer from General Fund  $ 310,000  Section 5  The Finance Officer is hereby directed to maintain within the Project Fund sufficient specific detailed accounting records to satisfy the requirements oft the grantor agency, the grant agreements, and state Funds may be advanced from the General Fund for the purpose of making payments as due. Reimbursement requests should ber made tot the grantor agency in an orderly and timely manner. Copies of this project ordinance shall bet furnished tot the Clerk to the Governing Board, and to the Budget Officer and thel Finance Officer for direction in carrying outt this project.  regulations.  Section 6 Section7  9    Adopted this 4TH day of April, 2024.  d) Ordinance 2024-034-Budget Ordinance Amendment for Mill District Streetscape Grant On motion by Commissioner Hutchens and passed unanimously, Ordinance 2024-034 was  Project: approved.  ORDINANCE NUMBER 2024-034 BUDGET ORDINANCE AMENDMENT  WHEREAS the City of Mount Airy adopted the 2023-24 budget on June 1, 2023; AND WHEREAS the City of Mount Airy has received al Rural Transformation Grant for the Mill District Streetscape for $475,000 and there is additional cost toi install underground power service; AND WHEREAS iti is necessary to amend the budget ordinance in order to allocate additional funding AND WHEREAS General Statute 159-15 of the North Carolina Government Fiscal Control Act provides NOW, THEREFORE, be it ordained that authorization is hereby given to make the following adjustments:  needed to install the underground power service; authority to amend a current municipal budget;  Increase (Decrease) 310,000 310,000 310,000 310,000  Section 5. Capital Investment Fund Appropriations Transfer to Grant Project Fund Section 6. Capital Investment Fund Revenue Estimates Appropnation of Fund Balance Adopted this 4th day of April, 2024  e) Discussion ofIT epartment-ommi-ione Koch:  Commissioner Koch feels the contact information for the City's IT Department should be listed because when he has an issue with his laptop, he hasn't been able to reach Roger due to no contact information being listed. On the City's website, all departments are listed with the Darren mentioned the City has an IT Division, which reports to Finance and Administration. Access to the IT Division for the Board can be improved, but they are only used for City employees and not for public access. These services are for the City of Mount Airy employees  exception oft the IT Department.  and departments. REMARKS BY OFFICIALS:  Commissioner Koch: Spring Cleanup has gone very well. Thanked and complemented Public Commissioner Cochran: Thanked Joe Zalescik for the Farmer's Market update. This is a positive thing for the community. Commended David Hall for organizing the safety walk.  Works staff for doing such an amazing. job. This is a win for everyone.  Public safety is a top priority. Commissioner Wood: no comments.  10    Commissioner Hutchens: Thanked Surry County Commissioner Bill Goins for attending the meeting. Thanked Robin Testerman for the work she does at the Children's Center. Wished the Police Chiefa speedy recovery. Thanked the Public Works staff for the spring cleanup. Commissioner Thacker: Thanked Peter Raymer and staff-Reeves Community Center is a jewel for the city. Amazed at the number of people that use the facility. Mentioned there is more police officer presence at outdoor facilities, such as Westwood Park and Riverside Park, Darren Lewis: The community cleanup has been going on for two weeks and is led by the Appearance Commission. Spring Cleanup is coming up during the two weeks after Easter- thanked the Public Works Department for this. Thanked the entire City staff for all they do. Mayor Cawley: Mentioned Child Abuse Prevention Month. People who are abused as children continue that cycle that doesn't end. This is evident in what is seen in the world today. Everyone has to do better by the children. As Mayor, his number one priority is public safety. Appreciative of the two groups in Mount Airy he refers to as the City's muscle-the police and fire departments. These days are challenging for both of those groups. Met with Mitch Williams this week-the citizens are blessed with the work ethic, integrity, and the quality of human beings that are the City's Department Heads. Thanked Mitch for how he handles the unpleasant situations he faces. Mentioned this is a fun time of year and encouraged everyone to join the City with outdoor activities and options. Hopes everyone will do their part in keeping Mount Airy clean and thanked those who have already done  to make sure everyone stays safe and he appreciates that.  Hugh Campbell: No comments.  their part. CLOSEDSESSION: session. OPENSESSION:  a) Pursuant to NCGS 143-318.11 (a)(3) Attorney-Client Privilege:  On motion by Commissioner Wood and passed unanimously, the Board entered into closed  On motion by Commissioner Koch and passed unanimously, the Board entered back into open On motion by Commissioner Koch and passed unanimously the board approved the Ist Amendment to the Mount Airy/Surry County Airport Authority Agreement and authorized the  session and took the following action: Mayor to execute the document. ADIOURNMENT:  On motion by Commissioner Koch and passed unanimously, the meeting was adjourned.  Approved and adopted this the 16th day of May, 2024.  Jon Cawley, Mayor  ATTEST:  Melissa N. Brame, City Clerk  11    RESOLUTION NUMBER 2024-076 CITY OF MOUNT AIRY, NORTH CAROLINA RESOLUTIONS  Designating Official Depositories and Signatory  Authority  BEITHEREBY  1. RESOLVED, that the following financial institutions, (hereinafter referred to as Institutions),  are designated as depositories for the funds of this Organization:  Bank of America, N.A. Truist Capital Bank Carter Bank & Trust First Community Bank Wells Fargo Bank, N.A.  First Citizens Bank & Trust Company PNC Bank  2. RESOLVED, that deposit accounts and/or certificates of deposit may be opened and maintained in the name oft the name oft this Organization with said Institutions in accordance with the applicable rules and regulations for such accounts; that the following officers or  employees oft this Organization:  SignatorvAuthorty  Sherri Coalson, Financel Director (Finance Officer) Christinel Flippen, Assistant Financel Director (Deputy FinanceOficer)  Countersignatory Authority Curtis D. Lewis, City Manager Pamela M. Stone, Assistant City Manager  ARE HEREBY AUTHORIZED, on behalf of this organization and in its name, to sign checks, drafts, notes, bills of exchange, acceptances, certificates of deposit or other orders for the payment of money; to endorse checks, notes, bills, certificates of deposit, or other instruments, owned or held by this Organization for deposit with said Institutions or for collection or discount by said Institutions; to accept drafts, acceptances, and other instruments payable at said Institutions; to execute and deliver electronic funds transfer agreements and to appoint and delegate, from time to time, such persons who may request transfers on behalf of the Organization; to establish and maintain a night deposit relationship; tov waive presentment, demand, protect, and notice of protest, or dishonor any check, note, bill, draft, or other instrument made, drawn, or endorsed by the Organization; to establish 3. FURTHER RESOLVED, that said Institutions be, and they hereby are authorized to honor, receive, certify, or pay all instruments signed in accordance with foregoing resolution even though drawn or endorsed to the order of any officer or employee signing the same or tendered by him cashing, or in payment of the individual obligation of such officer or employee, or for deposit to his personal account, and said Institutions shall not be required or be under any obligation to inquire as to the circumstances of the issuance or use of any instrument signed in accordance with the foregoing resolution, or the application or  credit card accounts on behalf of the City; and,  disposition of such instrument or the proceeds thereof; and    4. FURTHER RESOLVED, that said Institutions be, and are hereby requested, authorized and directed to honor checks, drafts, or other orders for the payment of money drawn inthis Organization's name, including those payable to the individual order of any person or persons whose name or names appear thereon as signer thereof, when bearing or purporting to bear the facsimile signature(s) of the specified number of the foregoing officers or employees of this Organization and said Institutions shall be entitled to honor and to charge this Organization for such checks, drafts or other orders, regardless of by whom or by what means the actual or purported facsimile signature or signatures thereon may have been affixed thereto, if such signature or signatures resemble the facsimile specimen duly certified to or filed with said Institutions by the City Clerk of this Organization; and, 5. FURTHER RESOLVED, that the City Clerk of this Organization shall certify to said Financial Institutions the name of the persons who are at present authorized to act on behalf of this Organization under the foregoing resolutions and shall from time to time hereafter, as changes in the personnel of said officers and employee are made, immediately certify such changes to said Institutions by submission of a new resolution and signature card, and said Institutions shall be fully protected in relying on such certifications of the City Clerk and shall be indemnified and saved harmless from any claims, demands, expenses, loss, or damage resulting from, or growing out of, honoring the signature of any officer or employee sO 6. FURTHER RESOLVED, that the foregoing resolutions shall remain in full force and effect until written notice of their rescission shall have been received by said Institutions, and apply to any and all deposit accounts and/or Certificates of Deposit in the name of this Organization, and that receipt of such notice shall not affect any action taken by said Institutions prior 7. FURTHER RESOLVED, that upon adoption of this resolution, all previously adopted resolutions designating official depositories are hereby rescinded; and, 8. FURTHER RESOLVED, that all transactions by any of the officers or employees of this Organization on its behalf, and in its name, with said Institutions prior to the delivery to said Institutions of a certified copy of the foregoing resolution are, in all respects, hereby ratified, 9. FURTHER RESOLVED, that the City Clerk be, and hereby is authorized and directed to certify these resolutions to said Financial Institutions and that the provisions thereof are in  certified, or refusing to honor any signature not sO certified; and,  thereto; and,  confirmed, approved and adopted; and  conformity with the Charter and by-laws of this Organization.  Adopted this 16th day of May, 2024.  Mayor  Attested:  City Clerk    A24-018  ORDINANCE NUMBER 2024-039 BUDGET ORDINANCE AMENDMENT  WHEREAS the City of Mount Airy adopted the 2023-24 budget on June 1, 2023;  AND WHEREAS the City of Mount Airy has entered into three subscription arrangements, for computer AND WHEREAS the Capital Investment Fund originally had a use of Fund Balance and due to a transfer from the General Fund, will now have an addition to Fund Balance. Al budget entry is needed for this AND WHEREAS General Statute 159-15 of the North Carolina Government Fiscal Control Act provides NOW, THEREFORE, bei it ordained that authorization is hereby given to make the following adjustments:  software; correction;  authority to amend a current municipal budget;  Increase (Decrease) 35,100 35,100 35,100 35,100 19,250 (601,855) (582,605) (582,605) (582,605) 4,100 4,100 4,100 4,100  Section 1. General Fund Appropriations  Finance  Section 2. General Fund Revenue Estimates Other Financing Sources - Subscription Section 5. Capital Investment Fund Appropriations Debt Service Subscription payment Addition to Fund Balance  Section 6. Capital Investment Fund Revenue Estimates  Fund Balance Appropriated  Section 11. Water & Sewer Fund Appropriations  Public Works  Section 12. Water & Sewer Fund Revenue Estimates Other Financing Sources Subscription Adopted this 16th day of May, 2024  Mayor  Attested:  City Clerk    ORDINANCE NUMBER 2024-042 PROJECT ORDINANCE AMENDMENT #2 MILL DISTRICT STREETSCAPE GRANT PROJECT  FOR  WHEREAS the City of Mount Airy has received an additional grant award from the North Carolina Department of Commerce, Rural Transformation Grant Fund, to be used for the Mill District Streetscape BE IT ORDAINED by the Board of Commissioners oft the City of Mount Airy, North Carolina, that this grant is hereby accepted, authorization for execution of the grant agreement is hereby given, and that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following project The project authorized is for the expenditure of funds awarded under the North Carolina Department of  Project;  ordinance is hereby adopted: Section 1 Commerce as follows: Award Number: SA-0336 Amount:  $487,500  North Carolina Department of Commerce Rural Transformation Grant Fund  Section 2 Section 3  The officers of this unit are hereby directed to proceed with the project within the terms of the award  documents and the budget contained herein. The following amounts are appropriated for the project: Economic and physical development  $ 487,500  Section 4 Grant proceeds Section 5 regulations. Section 6 Section 7  The following revenues are anticipated to be available to complete this project:  $ 487,500  The Finance Officer is hereby directed to maintain within the Project Fund sufficient specific detailed accounting records to satisfy the requirements of the grantor agency, the grant agreements, and state Funds may be advanced from the General Fund for the purpose ofr making payments as due. Reimbursement requests should be made to the grantor agency in an orderly and timely manner. Copies of this project ordinance shall be furnished to the Clerk to the Governing Board, and to the Budget  Officer and the Finance Officer for direction in carrying out this project.  Adopted this 16TH day of May, 2024.  Mayor Attested:  City Clerk    CITY EMPLOYEE ANNIVERSARY RECOGNITIONS  Name: Luke Danley Trey Leonard Andy Utt Dustin Goins  Position: Landscape Supervisor Fire Captain Water Treatment Plant Supervisor Sanitation Collector/Driver  Years of Service: 20 years 25 years 15 years 05 years    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 www-mountairy.or) 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 be 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.  Jon  ATTEST:    W: : >*< E APICARC  AWnebAN elissaN. Brame, City Clerk    NOTICE OF PUBLICI HEARING, The proposed fiscal year 2024- 2025 budget for the City: of Mount Airy has been pre- sented tot the Boardic of Com- missioners (presented: on! May: 2, 2024). The Publici is encour- agedt to visit the City of Mount Airy's website (www.moun- tairy.org) for inspection. The City of Mount Airy Mayor and Board of Commissioners willl hold a public! hearing on the proposed FY 2024-2025 budget duringt their Regular Board Meeting on Thursday, May 16, 2024 6:00- pmi inthe Council Chamber atthe! Munic- ipal Building (300 South Main Street). Citizens are invitedit to make oral comments. The May 16, 2024 Regular Board Meeting willa also bel held virtually andi can be viewed via Zoom and Facebook Live. Links and call-ini instructions willl be posted onv www.moun- tairy.org. Noticei ina accordancet with North Carolina General Statute 159- 12., Publish: 5-4-24 226576    RESOLUTION NUMBER 2024-073  FESOLUTIONSETTINGI PUBLICHEARING FOR REQUESTTOREZONEIAPARCEISON  RIVERSIDEDRIVE/EAST: PINESTREET  WHEREAS, the City of Mount Airy has received requests to rezone fourteen (14)p parcels located on Riverside: Drive and East Pine Street (total acreage 18.5 acres) from M-1 (Industrial) to  B-2 (General Business); and Addréss: 1. 440 East Pine Street 2. 420 East Pine Street 3. 338 East Pine Street. 4. 336 East. Pine Street 5. 3341 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:  WHEREAS, the following parcels are: included to be rezoned:  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 0.56 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, the Planning Board oft the City of Mount Airy has recommended approval ofthe NOW,THEREPORE BEI ITI RESOLVED BYTHE CITY OF MOUNT AIRY BOARD Section 1. That aj public hearing be scheduled. for Thursday, May 16, 2024 at 6:00 pm to. hear Section 2. That notice of the public hearing shall be published in the Mount Airy News, a  OF COMMISSIONERS MEETING IN OPEN SESSIONTHAT:  public comments on the above-mentioned. request. days prior to the date of the public hearing.  newspaper having general circulation in the City of Mount Airy, at least ten (10)  Section 3. This resolution shalll become effectiveupon approval. Approved and adopted this the 2nd day ofl May, 2024.  Jon Cawley, Maygi  ATTEST:  mlLun Melissa'N. Brame, City Clerk  G) s    NOTICE OF PUBLIC HEARING The City of Mount Airy Board of Commissioners will holda public hearing tor receive public comment regarding the follow- ing item: In ane effort toi improve consis- tency across the City of Mount Airy Offical Zoning! Map, the City Planning & Development Department has has submitted ar request to! have fourteen (14) parcels (18.5 acres) int the vicinity of E. Pine Street & Riverside Drive rezoned from M-1 (Industrial) to B-2 (General Business). Parcels include 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 anda a portion of 5020-12-86-6233. (Case #: 2024-REZ-02) The public! hearing willl take place att the regular meeting of the Boardo of Commissioners on! May 16, 2024 at6 6:00PMi in the Council Chamber oft the Municipal Building. Alli inter- ested persons are invited to participate. Information about attending the meetingi inp per- son or virtually and public com- ment can be found at www.mountalryorg: Publish: 5-4, 5-11-24 226579    ORDINANCE NUMBER 2024-043  AN ORDINANCE TO REZONE PROPERTY INTHE CORPORATELIMITIS OF WHEREAS, the City of Mount Airy Planning staff requests to rezone fourteen (14) parcels located along Riverside Drive and East Pine Street (total acreage 18.5 acres) from M-1  THE CITY OF MOUNT AIRY, NORTH CAROLINA  (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.  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 0.56 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, the City of Mount Airy Planning Board has reviewed the petition and recommended these requests to the Board of Commissioners for their consideration and  approval; and  WHEREAS, the Board of Commissioners of the City of Mount Airy adopted a resolution directing that a public hearing be conducted on the 16th day of May, 2024; and WHEREAS, the Board of Commissioners, having conducted the public hearing and reviewed the recommendations of the Planning Board, concur that the properties herein  described be rezoned and adopt the following Statement of Consistency:  STATEMENT OF CONSISTENCY  "The proposed rezoning is consistent with the current usage of the parcels and with the future land use classification (Medium Intensity) in the City of Mount Airy Comprehensive  Plan. The request is also reasonable and in the public's interest."  NOW, THEREFORE BE IT ORDAINED by the City of Mount Airy Board of Commissioners that the above listed fourteen (14) parcels, shown on the attached Exhibit A,  be rezoned from M-1 (Industrial) to B-2 (General Business).    BE IT FURTHER ORDAINED that the Zoning Map of the City of Mount Airy be  amended to reflect this change.  Approved and adopted this the 16th day of May, 2024.  Jon Cawley, Mayor  ATTEST:  Melissa N. Brame, City Clerk    City of Mount Airy  THECIT  May 16, 2024 Board ofCommissioners Meeting  Staff Report May 6, 2024 To: From: Subject:  HCAROI  Mayor Cawley & Board of Commissioners Andy Goodall Jr. - Planning Director  2024-REZ-02 (Riverside Drive/E. Pine Street, M-1t to_B-2)  A. ACTIONS REQUESTED BY BOARD OFCOMMISSIONERS  1. Motion to adopt a statement approving the proposed zoning amendment and 2. Motion to adopt a statement approving the proposed zoning amendment and declaring that it also amends the plan, along with an explanation oft the change in conditions to meet the development needs of the community that were 3. Motion to adopt a statement rejecting the proposed zoning amendment and With each of these alternatives, the statement is also to include an explanation of why the governing board deems the action reasonable and in the public interest.  describing its consistency with the plan; or  considered in the zoning amendment; or  describing its consistency or inconsistency with the plan.  B. REQUIRED VOTESTOPASS ACTIONS  An majority vote is required to pass the requested actions.  C. PLANNING BOARD REVIEW  The Planning Board reviewed the proposed rezoning request on April 22, 2024. No one spoke in opposition to the request. The Planning Board found that the request is consistent with the current usage of the parcels and with the future land use classification (Medium Intensity). in the City of Mount Airy Comprehenswe Plan and  voted (8-0) to recommend approval. D. SUBJECT PROPERTIES Property Owner(s):  City of Mount Airy P.O. Box 70  2024-REZ-02    Mount Airy, NC27030 440 E. Pine Street 9.8. Acres City of Mount Airy Public Works M-1 (Industrial) B-2 (General Business). Grand Investment Properties LLC P.O. Box 11 Pilot Mountain, NC 27041 420 E. Pine Street 5020-12-95-3322 .56. Acres Vacant (Retail, Office) M-1 (Industrial) B-2 (General Business) East Pine Mount Airy LLC 701 W. Pine Street, Suite 100 Mount Airy, NC: 27030 & 330 E. Pine Street 5020-12-85-9170 2.21 Acres M-1 (Industrial) B-2 (General Business) Hutchens Petroleum Corporation 22 Performance Drive Stuart, VA 24171  Physical Address: Property PINS: Zoning Area: Current Use: Current Zoning District: Proposed Zoning District: Property Owner(s): Physical Address: Property PIN: Zoning Area: Current Use: Current Zoning District: Proposed Zoning District: Property Owner(s): Physical Addresses: Property PINS: Zoning Area: Current Use: Current Zoning District: Proposed Zoning District: Property Owner(s): Physical Addresses: Property PINs: Zoning Area:  5020-12-95-6220,5020-12-95-8081 & 5020-12-95-4118  338 E. Pine Street, 3361 E. Pine Street, 334 E. Pine Street 5020-12-95-2360, 5020-12-95-1067, 5020-12-95-1221 &  Daycare, Transmission Shop, Used Car Dealership  4231 E. Pine Street & 335 E. Pine Street 5020-12-95-2437 & 5020-12-95-1430  1.24. Acres  2024-REZ-02 2    Current Use: Current Zoning District: Proposed Zoning District: Property Owner(s): Physical Addresses: Property PINS: Zoning Area: Current Use: Current Zoning District: Proposed Zoning District: Property Owner(s): Physical Address: Property PIN: Zoning Area: Current Use: Current Zoning District: Proposed Zoning District: Property Owner(s):  Fuel Station M-1 (Industrial) B-2 (General Business) Red Oak Development LLC 205 Riverside Drive, Suite 1 Mount Airy, NC: 27030  120 N. Gilmer Street & 137 Riverside Drive 5020-12-85-7370 & 5020-12-85-9563  2.0. Acres M-1 (Industrial) B-2 (General Business) Surry County 114 W.. Atkins Street Dobson, NC 27017 351 Riverside Drive 5020-12-86-7328 2.5. Acres Central School Office M-1 (Industrial) B-2 (General Business) City of Mount Airy P.O. Box 70 Mount Airy, NC27030 5020-12-86-6233 .19. Acres Vacant Sliver M-1 (Industrial) B-2 (General Business)  Hardware Wholesaler, DMV, Salon, Auto Sales Office  Physical Address: Property PIN: Zoning Area: Current Use: Current Zoning District: Proposed Zoning District:  300 block of] E. Independence Boulevard  2024-REZ-02 3    Effected Parcels: Total Acreage:  14 18.5 Acres  E.Z ZONINGCRITERIA  City of Mount Airy Comprehensive, Plan  GRUtRET 3354  Reareation  Subject) Parcels (14)  Lowlntenslly  WIlowI) 155 310  620  930 Feet  Figure 1-1 Future Land Usel Map  Medium Intensity Future Land Use  This land use. classification is intended for a variety of medium to high density residential uses and low to medium intensity civic, institutional, office, service, and retail uses designed to keep the impact on adjacent residential areas to a minimum. Medium intensity designated area located: in areas with easy access to transportation  and utility infrastructure.  2024-REZ-02    Zoning  B-2 (General. Business)  This district provides a location for those businesses and services, which generally serve a wider area than the neighborhood business, but do not necessarily require location in the central business district. Because these commercial uses are: important tot the economy of the area and are subject to public view, they should have ample  parking, controlled traffic movement and suitable site design. See Attachment 1 for a zoning map of the surrounding area.  F. STAFFCOMMENTS  The request to rezone the subject parcels to B-2: is consistent with the current land usage. of the effected parcels and with the future land use (Medium Intensity) Please refer to the Table of Uses in the City of Mount Airy Zoning Ordinance to  recommendation City of Mount Airy Comprehensive Plan.  compare allowable uses by zoning district.  G.NCGS 160D-605  When adopting or rejecting any zoning amendment, the governing board shall also approve a statement describing whether its action is consistent with an adopted comprehensive plan and any other officially adopted plan that is applicable, and briefly explain why the board considers the action to be taken to be reasonable and 1. A statement approving the proposed zoning amendment and describing its 2. A statement approving the proposed amendment and declaring that this also amends. the plan, along with an explanation oft the change in conditions to meet the: development needs of the community that were considered in the zoning 3. A statement rejecting the proposed zoning amendment and describing its  in the public interest. The statement shall be one oft the following:  consistency with the plan; or  amendment; or  consistency or inconsistency with the plan.  H. ATTACHMENT 1. Area Zoning Map  2024-REZ-02 5    b0 5  o  59 8  8  RMERSIDE  88 CAAMas 8 00  BEWTO  8 6  NOIIONAE    ORDINANCE NUMBER 2024-040 THE CITY OF MOUNT AIRY BUDGET ORDINANCE FISCAL YEAR 2024-2025 July 1,2024 - June 30, 2025  BEI IT ORDAINED by thel Board of Commissioners oft the City ofl Mount Airy, North Carolina:  Section 1. General Fund Appropriations  Thei following amounts are hereby appropriated in the General Fund for the operation oft the City Government and itsa activities 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 Human Resources Planning and Development Police Fire Public Works Parks and Recreation Payment tol Mount Airy Tourism Development Authority Transfert to Capital Improvement Fund Section 2. General Fund Revenue Estimates 2024 and ending. June 30, 2025: Current year's property tax Prioryear's property tax Penalties, fees andi interest on property taxes Othert taxes and licenses Unrestricted intergovemmentalr revenues Restricted intergovemmental. revenues Permits and fees Sales and services Investment earnings Miscellaneous revenues Transfer from Cemetery Endowment Fund Appropriation ofFund Balance (Powell Billl Funds) Appropriation ofFund Balance (Drug Funds)  $  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  Itis estimated that the following revenues willl be available in the General Fund for the 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 of accounts heretofore established for this City: Economic and PhysicalDevelopment  The following amounts are hereby appropriated in the Municipal Service District Fund for the operation oft the Municipal Service District for thei 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  Itis estimated that the following revenues willl 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  Thef 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 ofaccounts heretofore established for this City:  Legislative Administration Finance Police Fire Public' Works Parks and Recreation Debt Service Transfer  $  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:  Itise estimated that the following revenues willl be available in the Capital Investment Fund for the fiscal year  Investment eamings Transfer from Generall Fund Other Financing Source Appropriation ofFund Balance  $  55,000 273,250 64,750 1,162,250 1,555,250  Section 7. Emergency 911Fund Appropriations  The following amounts are hereby appropriated in thel Emergency 911 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:  Public Safety  $ $  38,250 38,250  Section 8. Emergency 911 Fund Revenue Estimates July 1,2024 and ending June 30, 2025: Restricted ntegovemmemalryemues 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 of 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:  Itis 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 the 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 ofa accounts heretofore  established for this City: Transfert to Watera and Sewer Fund  $ $  57,000 57,000  Section 12. Extraterritorial Water and Sewer Capital Reserve Fund Revenue Estimates  Iti is estimated that the following revenues willl be available in the Economic Stabilization Fund for the fiscal year  beginning July 1,2 2024 and ending June 30, 2025: Investment eamings Appropriation ofFund Balance Section 13. Outstanding Encumbrances  $ $  6,500 50,500 57,000  Appropriations herein authorized and made shall 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 andi in order to properly account  for the payment in the fiscal year in which iti is paid. Section 14. General Fund Tax Levy  There is hereby levied at tax at thet rate of 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 Fundi in Section 2 ofthis ordinance.  This rate is based on:    a. at total valuation of! property other than vehicles for the purposes of taxation of$1,227,836,009 and an b. atotal valuation of vehicles for 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 oftwenty-one (21) cents per one hundred dollars ($100) valuation of property within the boundaries of thel Municipal Service District as listed for taxes on. January 1,2024 for thej purpose ofraising the revenue. listed as "Current Year Property Tax" in the Municipal Service District Fund  in Section 4 oft this ordinance. This rate is based on:  a. at total valuation of! property other than vehicles for the purposes of taxation of $55,337,221 and an b. atotal valuation of vehicles for the purposes oft 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 isl hereby authorized to transfer appropriations as contained herein under the following He/she may transfer amounts up to $50,000 between appropriations, including contingency appropriations, within thes same fund. He/she must make an official report on such transfers at the next regular meeting oft 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 ofthe fiscal year must be approved by the Board.  Section 18. Distribution of Ordinance  Copies ofthis Budget Ordinance shall be furnished to the Clerk tot the Governing Board and to thel Budget Officer and Finance Director of the City ofl Mount Airy to be kept oni file for their direction in the disbursement of funds.  Adopted this 16th day of May, 2024.  Mayor Attested:  City Clerk    CITY OF MOUNT AIRY  FY 2025  SCHEDULE OF PRIVILEGE LICENSE  TAXES  Effective July 1,2024    ORDINANCE 2024-041 JULY1 1,2024  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.  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 ofl 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 of five percent, which will be added on  without license shall be considered a separate offense.  that date, and an additional five percent each month ori fraction thereof until paid.  Any taxicab company, partnership or 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 to prevent the Board of Commissioners from imposing from time to  oft the City ofN Mount Airy.  time, as they may see fit, such license taxes as are: not herein specifically defined.  Adopted this the 16th day ofMay, 2024.  Jonathon L Cawley, Mayor  ATTEST:  Melissa N. Brame, City Clerk    RESOLUTION: NUMBER 2024-077 THE CITY OFI MOUNT AIRY RESOLUTION ADOPTING FISCAL YEAR: 2024-2025 July 1,2024- - June: 30, 2025  FINANCIALPLAN FORI INTERMALSERVICE FUND  WHEREAS thel Board of Commissioners ofthe 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 Carolina General NOW, THEREFORE, BE ITI RESOLVED that thel Board of Commissioners of the City ofl Mount Airy, North Carolinal hereby approves the following summarized: financial plan as required by North Carolina General Statute  Statute 159-11; 159-13.1.  Section 1. Workers Compensation Fund Estimated Expenditures  Thei 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 thel Internal Service Fund for Workers Compensation:  Sales and Service Investment earnings  $ $  222,250 16,000 238,250  Section 3. Advances Between Funds  The 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 thel Board. All advances that  willl be outstanding at the end oft the fiscal year must be approved by the Board.  Section 4. Purpose of Workers Compensation Fund  The Workers Compensation Fund is ani 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 ini its program. This risk retention has lowered the premium the city pays for workers compensation insurance.  Adopted this 16th day ofl May, 2024.  Mayor  Attested:  City Clerk    RESOLUTION NUMBER 2024-078 THE CITY OF MOUNT AIRY RESOLUTION AMENDING SCHEDULE OF FEES BPECTVEJUIXI,2)  WHEREAS, the City of] 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 of Section 1. The City hereby amends its Schedule of Fees in accordance with the attached  undertaken by the City of Mount Airy; Mount Airy, North Carolina that:  Schedule of Fees (EffectiveJuly 1, 2024). Fee changes are effective on July 1,  2024.  Section 2. This Resolution shall become effective upon approval by the Board of  Commissioners ofthe City of Mount Airy.  Adopted this 16th day of May, 2024.  Mayor  Attested:  City Clerk    RESOLUTION NUMBER 2024-079  RESOLUTION APPROVING TURNOVER AGREEMENT FOR THE: SIAMESE TWINS  MUSEUM  The City of Mount Airy and Surry Arts Council previously executed a Ground Lease Agreement for the construction of the new facility named The Siamese Twins Museum; and WHEREAS, the construction of the facility has been completed and the Surry Arts NOW, THEREFORE BE IT RESOLVED BY' THE CITY OF MOUNT AIRY  Council shall transfer the building to the City of] Mount Airy:  BOARD OF COMMISSIONERS MEETING IN OPEN SESSION THAT:  Section 1. The Board of Commissioners does hereby approve the Turnover Agreement  and Bill of Sale and General Assignment pertaining to the Siamese Twins  Museum Facility.  Section 2. The Board ofCommissioners does hereby authorize the Mayor to execute said  document per review and approval by the City Attorney.  Section 3. This resolution shall effective upon approval. Approved and adopted this the 16th day of May, 2024.  Jon Cawley, Mayor  ATTEST:  Melissa N. Brame, City Clerk    TURNOVER AGREEMENT AND BILL OF SALE AND GENERAL. ASSIGNMENT  The undersigned parties previously executed that certain Ground Lease Agreement on or about October 14, 2020 (the "Ground Lease"). Capitalized terms which are used herein without definition and which are defined in the Ground Lease shall have thes same meanings herein as in the Ground Lease. SURRY. ARTS COUNCIL, al North Carolina nonprofit corporation ("SAC"), the party oft the first part, as transferor, for good and valuable consideration, the receipt and the sufficiency of which is hereby acknowledged, by these presents, does hereby convey, assign, transfer, sell, deliver and set over unto the CITY OF MOUNT AIRY, al North Carolina municipal corporation, ("City"), thej party of the second part, as transferee, all of SAC's interest in the following described properties, rights, and interests located on, affixed to, and arising and used in connection with that certain land in the County of Surry, State of] North Carolina, City of Mount Airy commonly known as the "Siamese Twins Museum" at 218 Rockford Street, Mount Airy Township, Surry County, North Carolina and more particularly described on Exhibit "A"  attached hereto and made aj part hereof for all purposes:  1.  Real Property. The term' "Real Property" as used herein shall mean all of SAC's interests arising under the Ground Lease, together with any and all ofSACS's right, title andi interest in and tot thel Facility, Building, Improvements: and fixtures made aj part thereof. SAChereby conveys all interest in any easements (whether the same be access easements, parking easements, utility easements or otherwise), and other privileges appurtenant thereto. A preliminary site plan of thel Premises is attached as Exhibit "A" to this Agreement. Personalty. All tangible personal property and fixtures (the "Personalty") attached to the Real Property:provided, however, that thel Personalty shall noti includet the artifacts, exhibits, furniture, equipment, removable display cases, statues and other items owned by SAC. Licenses and Permits. All ofSAC'sr right, title andi interest in and to all licenses, permits or similar documents relating solely to the Real Property (the "Licenses and Permits"), but Warranties. All of SAC's right, title, and interest in and to all warranties, guaranties, indemnities, and claims relating solely to the Real Property or any portion thereof or the Personalty or any portion thereof (the "Warranties"), but only to the extent the same are Technical Documents. All of SAC's right, title and interest in and to all plans, drawings, specifications, surveys, and other technical descriptions (the' "Technical Documents"): that were! prepared in relation tot the Reall Property, or any of thel Personalty, but onlyt to the extent such Technical Documents are not] proprietary to SAC, and only to the extent assignable by SAC. Any use of said Technical Documents by City shall be at City's sole risk and SAC makes no representations or warranties, express or implied, as to the accuracy or technical  2. 3. 4.  only to the extent the same are assignable by SAC.  assignable by SAC.  5.  adequacy of thei information contained therein.  TOHAVEANDTOHOID the. Reall Property, Personalty, thel Licenses and] Permits, the Warranties,  Page 1 of 2    and the' Technical Documents unto the City, its successors and assigns, forever, and SAC does hereby bind itself andi its successors and assigns to warrant and forever defend all and singular the said Real Property, Personalty, the Licenses and Permits, the Warranties and the Technical Documents unto City and its successors and assigns, against every person whomsoever lawfully claiming or to claim same or any part SAC hereby warrants that all Real Property and Personalty is being conveyed free and clear of all SAC: further warrants that each oft the following representations is true, accurate and complete: A. The Facility has been fully completed in a good and workmanlike manner and in substantial accordance with thel Plans and Specifications; B. SAC has received its final certificate of occupancy ("CO") from the City and County Inspections Department and Firel Inspector; and C. SACI has inspected and corrected allj punch listi items; and D. SAC deems thel Facility and Improvements ready to be put ins service This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, and all ofwhich, when taken together, shall be deemed one agreement, but no counterpart shall be binding unless an identical counterpart shall have been executed and delivered by each oft the other parties  thereofby, through or under SAC, but not otherwise.  liens or encumbrances.  hereto.  IN WITNESS WHEREOF, SAC and City have executed this Bill of Sale and General Assignment  asofMay 2024. CITY: City of Mount Airy BY: Printed Name: Title: SAC: Surry Arts Council By: Printed Name: Title_  (SEAL)  (SEAL)  Page 2 of 2    RESOLUTION NUMBER 2024-080  RESOLUTION APPROVING THIRD. AMENDENTTOIEASE AGREEMENT BETWEEN  CITY OF MOUNT AIRY ANDSURRY ARTS COUNCIL  WHEREAS, the Surry Arts Council and City of Mount Airy entered into a lease WHEREAS, this lease was amended in 2013 and 2019 (First and Second WHEREAS, the parties desire to further amend the lease to include the Blackmon NOW, THEREFORE BE IT RESOLVED BY THE CITY OF MOUNT AIRY  agreement in 2008 for 1.82 acres of property including 218 Rockford Street; and  Amendment); and  Amphitheatre public bathroom facility and the Siamese Twins Museum facility: BOARD OFCOMMIESIONERS MEETING IN OPEN SESSION THAT:  Section 1. The Board of Commissioners does hereby approve the Third Amendment to Section 2. The Board of Commissioners does hereby authorize the Mayor to execute said  the Lease Agreement between the City of] Mount Airy and Surry Arts Council.  Lease Agreement per review and approval by the City Attorney.  Section 3. This resolution shall become effective upon approval. Approved and adopted this the 16th day of May, 2024.  Jon Cawley, Mayor  ATTEST:  Melissa N. Brame, City Clerk    North Carolina County of Surry  THIRD AMENDMENT1 TOLEASE AGREEMENT  This THIRD AMENDMENT TOLEASE AGREEMENT ist made and entered into by and between the CITY OF MOUNT AIRY, al North Carolina municipal corporation, party oft the first part (the "City"), and the SURRY ARTS COUNCIL, al North Carolina non-profit corporation, party oft the  second part (the "SAC").  FACTUAL BACKGROUND:  1.  The parties have entered into a Lease Agreement dated November 06, 2008, pertaining to that certain 1.82 acre parcel of real property, including improvements located thereon, located at 218 Rockford Street, Mount Airy, North Carolina (the "Lease"). Capitalized terms which are used herein without definition, and which are defined in thel Lease (as amended) shall have the same Thel Lease was subsequently amended in 2013 by the First Amendment to increase the demised premises by the addition of land acquired by the City of Mount Airy described in Record Book The Lease was subsequently amended in 2019 by that certain Second Amendment to extend the definition of the term "Real Property" to include both' the Andy Griffith Museum and the The parties desire to further amend the Lease to expand the definition of the term "Real Property" as set forth herein to include the public bathroom facility attached to the Blackmon Amphitheater and the new facility known as the "Siamese Twins Museum, > including the Building, Facility and Improvements described in the Ground Lease executed by these parties NOW, THEREFORE, in consideration oft the mutual covenants contained herein, the parties The Lease is hereby amended toi include the the public bathroom facility attached to the Blackmon Amphitheater and the new facility known as the "Siamese Twins Museum, > including the Building, Facility and Improvements described in the Ground Lease executed by All terms and conditions of the Lease not specifically amended herein shall remain in full These parties hereby ratify and confirm in all respects the covenants, affirmative obligations, terms and provisions contained in the Lease. The Lease, together with the First Amendment and Second Amendment and this Third Amendment shall be read and construed as a single instrument. All references in the Lease or any related agreement or instrument to the Lease  meanings herein as ascribed in thel Lease.  2.  1220, Page 959, Surry County Registry.  3.  Blackmon Amphitheater.  4.  on October 14, 2020.  agree as follows: 1.  these parties on October 14, 2020.  2. 3.  force and effect.  shall hereafter refer to the Lease as amended hereby.    4.  This Third Amendment may be executed in several counterparts and by each party on a separate counterpart, each of which when sO executed and delivered shall be an original, and The foregoing statements contained in the AFactual Background@ section appearing above are These provisions shall extend to and be binding upon and inure to the benefit oft these parties INTESTIMONY WHEREOF, each ofs said parties has caused these presents to be signed it its corporate name by its President or Mayor and attested by its Secretary or Clerk and its corporate seal to be hereunto affixed, the day and year first above written, this contract being executed in  all ofwhich together shall constitute one instrument. true and correct and are incorporated herein by reference. and their respective successors and/or assigns.  5. 6.  duplicate originals, one ofv which is retained by each of the parties  CITY OF MOUNT. AIRY  (SEAL)  Mayor City Clerk  Attest:  This instrument has been pre-audited in accordance with the Local Government Fiscal Control Act.  City Finance Director  NORTH CAROLINA SURRY COUNTY  a Notary Public, do hereby certify that MELISSA N. BRAME  personally came before mei this day and acknowledged that she is City Clerk oft the CITY OF MOUNT AIRY and that by authority duly given and as the act of the CITY OF MOUNT AIRY, the foregoing instrument was signed ini its name by its Mayor, sealed with its seal, and attested by herself as City Clerk.  Witness my hand and official seal this the_  day of  2024.  Notary Public  My Commission Expires:  2    INTESTIMONY WHEREOF, each ofs said parties has caused these presents to be signed it its  corporate name by its President or Mayor and attested byi its Secretary or Clerk and its corporate seal to bel hereunto affixed, the day and year first above written, this contract being executed in  duplicate originals, one ofwhichi is retained by each oft the parties.  SURRY ARTS COUNCIL  (SEAL)  President Secretary  Attest:  NORTH CAROLINA SURRY COUNTY ,  al Notary Public, do hereby certify that  personally came before me this day and acknowledged that she  ist the President oft the SURRY ARTS COUNCIL, al North Carolina non-profit corporation, and that by authority duly given the foregoing Lease was signed ini its name as the act and on behalf ofs said non-  profit corporation. Witness my hand and official seal this the_  day of  2024.  Notary Public  My Commission Expires:  3    NORTH CAROLINA SURRYCOUNTY.  2008 THIS LEASE is made and entered into as ofthe_ by and between THE CITY OF MOUNT  6 day of_ fouala  existing under the laws oft the State ofl North AIRY, ar municipal corporation organized and SURRY ARTS COUNCIL, a non-profit Carolina, hereinafter referred to as "City" and the North Carolina, hereinafter referred to as the corporation "SAC". chartered under the laws ofthe State of  WITNESSETH:  iss situated THAT on the WHEREAS, north Carolina, and;  the City is the owner of certain real side ofF Rockford Street in the  property described below which  City ofN Mount Airy, Surry County, North  the "Andy WHEREAS, Griffith the SAC has operated and wishes to continue  Playhouse, " upon such  operating a venue known as  residents ofMount Airy and: surrounding premises for the welfare and cultural betterment oft the  areas, and;  conditions WHEREAS, the City has agreed to lease said  hereinafter set: forth;  property to the SACupon the terms and foregoing and for other good and valuable  NOW, THEREFORE, in consideration ofthe  considerations, the legal existence and and demises upon the SAC the  sufficiency ofv which is acknowledged, the property hereinafter described upon terms and City lets, leases  follows:  conditions as  1. Demised Premises. That certain tract of real appurtenances pertaining thereto (the' "Real and other personal property  described below, together with all right, title and: property containing 1.82 acres more or less, improvements situated or to be-situated Property") and all the buildings and other connection with the Real Property (ifany) (the attached or appurtenant to, located: in or on, or used appliances Property arej jointly called the Property") The Property") [the Real Property and the Tax Office as Tax Parcel 5020-15-63-9836, Real Property is designated by the  interest of City in and to any easements and  thereon, including any fixtures, equipment,  "Personal  in Personal Surry County described, as follows:  and being more particularly  Page 1 of 6    BEGINNING at the point of intersection oft the inside Rockford Street and the south side of Graves  sidewalk lines oft the West side of  sidewalk line oft the south side of Graves Street Street, and proceeding with the inside oft the apoint, then with the arc ofthe curve to the North 47 deg. 33 min. West 185.4 feet to West 23.1 feet to an iron pin set at the South right, East chord bearing North 42 deg. 25 min. to ani iron pin, then North 81 deg. 01 min. LLC), West then South 36 deg. 42 min. West 94.5 feet 13.7 feet to an iron pin, then South 52 35 371 feet to an iron pin, then South 43 deg. the inside sidewalk line on the Wests side deg. ofl min. East 216.6: feet to ani iron pin set at sidewalk line oft the West side of Rockford street Rockford Street, then with the inside ofthe North 39 deg. 38 min. East 28,7: feet, North 41 the following courses and distances: deg. 31 min. East 120 feet to the point ofintersection deg. 33 min. East 204 feet, and North 39 boundaries are: marked by a fence. This of] BEGINNING. The West and South October 20,1947, prepared by I. W. Bather, description civil was obtained from aj plat dated  lot (now) Moody Investment Company,  comer ofthe W. S. Wolfe homeplace  the South side of Graves Street, the point  oft the inside oft the sidewalk line of  engineer.  2. Term. The within Lease shall commence continue for at term OfTWENTY FIVE grants to the SAC the right and  as oft the date ofe execution oft this Agreement and  to: (25) YEARS (the "Initial Term"). The  terms at the expiration oft the Initial option renew the within Lease: for five (5) additional City gives and automatically exercised by the SAC Term. unless Each option to: renew: shall be deemed to have one-year been communicated to City in writing at least 180 written notice of SAC'si intent not to: renew is Lease. Unless terminated by the City, the days prior to the expiration oft the then term of ofall additional one year terms shall be treated continued occupancy by the SAC after the which event the terms and conditions oft this and regarded as "holding over" by the expiration SACin SAC, and each year thereafter shall be considered Lease shall apply during the hold over period the parties negotiate al new lease or modify the terms and treated as a hold over period, unless byt the  ofthis lease. City.  3. Reservation of Right to' Terminate Lease by 3.1 Events ofDefault. The occurrence  default hereunder:  ofa any oft the following constitute an event of  3.1.1 Abandonment. Abandonment of the Property by SAC. 3.1.2 Failure to. Perform Covenants. SAC's failure condition ofthis Lease within twenty constitute an event of default.  to perform any other covenant or proceed diligently to cure such failure shall  unless the: failure is ofsuch: a character (20) days after written notice and demand, cure, in which event SAC's failure to as to require more than twenty (20) days to  the 3.2. Remedies for Default. Upon the occurrence  right, then or at any time thereafter, and while of an event of default, the City shall have  such event of default shall continue, to forfeit  Page 2 of 6    this Lease and terminate the tenancy  written notice to the SAC, which written hereby created, This right to terminate is exercisable delivered to SAC, and, as such, be notice may be part ofar notice of default the event ofc default. Upon such may conditioned upon SAC's failure to cure the previously default and immediate possession oft the leased termination Property. and forfeiture, City shall be entitled to and may take per year as rental for the demised Property City agrees to accept the sum of one dollar ($1.00)  bya  4. Rental. The SAC: agrees toj pay and the 5. Maintenance and Repairs. in good 5.1 order, S4CiResponsibiliy condition  The SACS shall keep and maintain the interior  and repair (including  oft the building  restoration as is required for that purpose). Maintenance any such replacement, periodic painting, and  custodial andj janitorial fnctions, firei inspection lighting or illumination of the interior. 5.2 Ciry's Responsibility. The and to contract for and payf for where encountered ini maintenance, all  and repair includes without limitation services, painting, plumbing, electric and  City agrees, in the sole discretion oft the City, to  repair includes without limitation, necessary thei repairs to the exterior ofi the building. Maintenance maintain, and and air conditioning systems, the installation installation and maintenance oft the heating, ventilation, the grounds and parking lot, repair and structural maintenance systems, the mowing and the maintenance of general, the preservation oft the building as leak off fences, termite inspection services, in considered "exterior" for the purposes oft this proofand structurally safe. The grounds shall be intentional acts or negligence of the SAC, foregoing its repairs required tol be made by reason ofthe the SACnotwithstanding thej provisions above agents or employees, shall be the responsibilityof or constructive waste upon the Property. SAC: shall to the Property. SAC shall not commit actual  and/or repair oft the roof, the removal ofasbestos  which constitute a hazard. Any oft the  lease, and the City may remove trees or shrubs  containedi in this paragraph.  6. Waste, Alterations and Improvements alterations, additions or improvements to the building without first obtaining the require. Any work at any time commenced toc completion, shall be of good applicable laws, rules, any approved information be  not make or cause to bei made any permanent building, or make any changes to the exterior subject to such other conditions as the by SAC on the Property shall be prosecuted City shall  the making ofanys such alterations City's written approval and consent. Ift the  oft the  SAC's sole  or improvements, the same workmanship and materials and shall to the alterations, and  City consents to  expense by a licensed contractor and  shall be made by the SACat  diligently  regulations, ordinances and the terms oft this comply fully with all  alterations, the SAC shall reasonably requested by the  Lease. Upon completion of payment to all (i) any other documents or  laborers and materialmen contributing promptly provide @) evidence off full deemed aj part ofthe Property and City. Any addition to or alteration oft the City such instruments as the City belong to the City, and SAC shall execute and Property deliver shall alteration, addition or improvement. may require to evidence the ownership by the City ofsuch to the  Page 3 of 6    7. Inspections. The City shall have the right to inspect the compliance with the fire code ofthe City ofMount 8. Utilities. The SAC agrees to contract for and  interior oft the building to ensure  Federal Laws regarding access and safety, OSHA Airy and to ensure compliance with State and furnished or required by operations within the pay for electrical services and other utilities  regulations inj particular. Andy Griffith Playhouse.  9. Insurance; Indemnity. The City agrees to contract and liability insurance on the demised Property during the insurance shall compensate all lawful claims for and hold the City harmless ofa and from  pay: for property and general term ofthis lease. Except to the extent incidents insured, the SAC agrees to indemnify  kind, including attorney's fees, which the any anda all loss, costs, damage and expense ofevery incur or become liable for, arising from the City or its officers, agents, or employees may suffer, activities conducted or the negligent failure to management offacilities, services performed, for personal injury and property damage. provision The SAC: shall be construed broadly to include all claims other insurance coverage the City may compensation, deem general onj premises liability coverage and such vandalism and malicious, mischiefinsurance City agrees to maintain fire, extended coverage, and contained therein The SAC agrees to maintain on fire the building and on personal property oft the all personal property owned by the SAC located and hazard insurance coverage with to include a waiver of subrogation in the policies issued, that the issuing agent shall be City directed and shall fail to cause such a waiver of subrogation respective policies ofb both City and SAC. Ifeither  patrons and spectators. This indemnity insurance with respect to workers  act byt the SAC, its employees, participants, shall furnish certification of compliance with appropriate for the SAC to maintain with respect to  its operations.  10, Waiver of Subrogation. The  City to  SAC agree that int the respective insurance City or SAC respectively, thej  on or within the demised Property. The respect to bei included in the policy or policies  party insuring  indemnify and save harmless party failing to obtain a waiver ofs Assignment ofI Lease and Subletting. This 12. Surrender of Property Upon Termination  the other party from all damage or subrogation loss  rights shall occasioned bys such failure.  11.  premises sublet without the written consent oft the Lease may not be assigned nor the. leased The SAC covenants and agrees that it will take ofI Lease; Improvements; Use of termination oft this lease will surrender the good care oft the Property and occupied, ordinary wear and tear expected. said Property in as good order and upon condition as made at the SAC's expense and become the Anyi improvements made to the Property shall be when agrees that it will make no unlawful or offensive property oft the City. The SAC further covenants  City, which may be unreasonably withheld.  the Property.  use oft the Property.  and  Page 4 of 6    13. Miscellaneous  13.1 Successors and Assigns. All rights, obligations and imposed upon, the respective parties hereto and their respective successors and 13.2 Construction. This Lease shall be considered to thej parties hereto pertaining to the Leased  liabilities herein given to, or shall extend to and bind the parties be the only agreement between  permitted assigns.  no oral agreements between the parties hereto Premises. Iti is understood that there are supersedes and cancels any and all previous affecting this Lease, and this Lease agreements and understandings, if any, between negotiations, arrangements, agreed by and between the parties hereto that the parties hereto. Iti is further amendment to this Lease, except as may be there shall be no modification or  parties hereto.  executed in writing between the  13.3 Amendments. Oral agreements in conflict with  be without force and effect, all amendments any of the terms ofthis Lease shall parties or their respective successors ini to bei in writing executed by the  interest.  13.4 Execution. This Lease shall be executed in asofthe date first written only when  duplicate and shall become effective an executed original is delivered to each  party.  signed iti INTESTIMONY its corporate  WHEREOF, each ofs said parties has caused  its corporate seal to be name by its President or Mayor and attested by these presents to be executedi in duplicate hereunto affixed, the day and year first above its Secretary or Clerk and  originals, one of which is retained by each oft the written, this contract being  parties  ITY OF MOUNT AIRY  FEB.2 25, 1dui * CAR  Attest: City Bag  SURRY ARTS COUNCIL uyplain  President  Attest: Aibafys  Page 5 of 6    NOTARY ACKNOWLEDOMENTPAGE THE SURRY ARTS COUNCIL  TOLEASE AGREEMENT BETWEEN THE CITY OF MOUNT AIRY. AND  NORTH CAROLINA SURRY COUNTY  Barhara LMelissa A N.3mme Act oft the CITY OF MOUNT AIRY, the Seal this the Raday of_ Ducember  aNotary Public, do hereby certify that  That shei is City Clerk Jones of the CITY OF personally MOUNT came before me this day and acknowledged Mayor, sealed with its seal, and attested by foregoing herself instrument was signed in its name by its  AIRY and that by authority duly given and as the as City Clerk. Witness my hand and official  2008.  All WBiame  My Commission Expires: Sulyo,aoio  Notary! OFFICIAL Public, North SEAL County of rfanina EMELISSAME Expires -10-1 BRAME  NORTH CAROLINA SURRY COUNTY Lolgne That he/fhe is the Given the foregoing Lease was COUNCIL. Witness  Mancy N Malo G-MasnANoy! Public, do hereby certify that  President of personally the  came before me this day and acknowledged SURRY ARTS COUNCIL, and that by  signed in its name as the act and on behalf oft the SURRY authority duly  my hand and official seal this the 20tk day of  ARTS  Tsmleu 2008.  Notary  C Cison  My Commission Expires: 9-05-12  0  Page 6of6    RESOLUTION NUMBER 2024-081  RESOLUTION ESTABLISHING A POLICY FOR NAMING OF CITY OF MOUNT AIRY  FACILITIES AND/OR ASSETS ballfields, trails, and park sites; and facilities and assets; and  WHEREAS, the City of Mount Airy owns assets such as buildings, parks, greenways, WHEREAS, the City of Mount Airy desires to provide guidelines on naming of such WHEREAS, it is staffrecommendation for approval of a Policy for Naming of City of NOWTHEREFORE BE: IT RESOLVED BYTHE CITY OF MOUNT AIRY  Mount Airy Facilities and/or Assets:  BOARDOF COMMISSIONERS MEETING IN OPEN SESSION THAT:  Section 1. The Board of Commissioners does hereby approve the City of Mount Airy  Facility Naming Policy for all City-owned facilities/assets.  Section 2. This resolution shall become effective upon approval. Approved and adopted this the 16th day of May, 2024.  Jon Cawley, Mayor  ATTEST:  Melissa N. Brame, City Clerk    City of Mount Airy  Facility Naming Policy for Buildings, Parks, Greenways, Ballfields, Trails and Park Sites  Purpose:  The purpose of this policy is to establish a consistent policy and guidelines for the naming of City owned facilities. Facilities may include, but not limited to, City-owned assets such as Buildings, Parks, Greenways, Ballfields, Trails, and Park Sites. This policy is designed to provide guidance on facility  naming. POLICY:  The naming of facilities shall be the function oft the Board of Commissioners. The Board of Commissioners retains exclusive authority to name Buildings, Parks, Greenways, Ballfields, Trails, and Park Sites. The following guidelines must be met for the naming of City-owned assets (excluding elected  officials and/or City employees): General Principals:  Inc considering proposals for the naming or renaming of a facility, the following general principles should be taken into consideration either collectively or individually. When naming a facility, the proposed  name should:  Have a strong positive image and should stand the test oft time  Have appropriate regard to thei facility's location, geography, natural land feature, and/or Commemorate places, people, or events that are of continued importance to the city, region, Recognize outstanding accomplishments by an individual for the good of the community. Quality of the contribution should be considered along with the length ofs service by the Not result in the undue commercialization oft the facility ifi it accompanies a corporate gift or  history state, and/ornation Have broad public support  individual. sponsorship  Gift Requirements: Contributions must be irrevocable, such as through trusts or contractual agreements, with present value calculations for deferred commitments. Contributions payable overa period not exceeding five years must be secured with a signed commitment. Deferred gifts are typically Use of Gifts: Unless necessary for construction or equipping, contributions should preferably fund an endowment for programs directly related to the named facility. When naming a specific part ofaf facility, like a room or section of a greenway, a supporting endowment should be established.  not acceptable for projects dependent on such funding for construction.    Minimum Gift Amounts: General:  adEsimapolus.mago Department/Divsion: $500,000to $2,500,000 Greenway or Trail: $250,0001 to $1,000,000 Specific Building Initiatives:  New Construction: At least half oft the total project cost or an amount approved by the Board. Renovation: At least half of the total renovation cost or an amount approved by the Board.  Existing Facilities: An amount approved by the Board.  Internal Spaces: (Halls, Rooms, Pools, Gyms, etc.): Gift amounts may vary based on current needs and  scale, as approved by the Board.    RESOLUTION NUMBER 2024-082  RESOLUTION ESTABLISHING A POLICY FOR USE OR DISPLAY OF THE MOUNT AIRY  CITY SEAL  WHEREAS, the City Seal of the City of Mount Airy symbolizes the City'sauthority and jurisdiction, is considered a valuable asset of the City and its citizens, andi is part of the  City's brand; and  WHEREAS, the City of Mount Airy desires to establish guidelines for use or display WHEREAS, it is staff recommendation for approval of a Policy for the use or display NOW, THEREFORE BE IT RESOLVED BY THE CITY OF MOUNT AIRY  oft the City Seal oft the City of Mount Airy; and  ofthe Mount Airy City Seal:  BOARD OF COMMISSIONERS MEETING IN OPEN SESSION THAT:  Section 1. The Board of Commissioners does hereby approve and establish the Policy for  Use or Display of the Mount Airy City Seal.  Section 2. This resolution shall become effective upon approval. Approved and adopted this the 16th day of May, 2024.  Jon Cawley, Mayor  ATTEST:  Melissa N. Brame, City Clerk    Policy for Use or Display of Mount Airy City Seal  Permission to Use  No portion (text or graphics) oft the City Seal may be reproduced for sale. Please be advised that permission is required to reproduce the City Seal.  Use or Display of City Seal Policy & Procedure  The City Clerk is the custodian of the City Seal. Accordingly, the following policy and procedure is Use of the City Seal is restricted to official City business. Examples of accepted use include, but  hereby established for use of the City Seal.  are not limited to: Certified Copies Proclamations/ / Awards City Contracts Letterhead, / Envelopes City' Website Logo Shirts Hats Key rings Pins  City-Sponsored Clothing or Memorabilia  City Owned Equipment Decals on City Buildings and Vehicles  **The City Seal may not be used by private companies or organizations.  City Seal Use Procedure  Inc order to ensure proper use of the City Seal, the following procedures are required: All requests for use of the City Seal must be submitted in writing to the City Clerk for review. The request should detail the proposed use oft the City Seal along with a copy oft the image to be Upon review of the request by the City Clerk, a decision indicating approval or denial will be forwarded to the requester within 30 business days after the request has been received. Letters of request along with the decision will be kept on file int the City Clerk's office. To request permission to reproduce the' "City of Mount Airy Seal", please email Nicki Brame at  used.  vbrame@mountairyors or call 336-786-3503 for more details.