City ofMount Airy Regular Board Meeting May 2, 2024 6:00 pm  Council Chamber Municipal Building 300 South Main Street Mount. Airy, N.C.  This Meeting willl be heldi in the Council Chamber oft thel Mount. Airy Municipal Building and also virtually by viewing through the  following Zoom link:  ntps/nS02wcb.zom.t8/8636888327  using password COMA ifp prompted. You may also view this meeting via Facebook Live by connecting to the City's Facebook page The City ofI Mount Airy, NC. Link willl be posted on www.mountairyorg the day of the meeting.  AGENDA  Welcome and Call to Order.. Invocation. Pledge of Allegiance..  Mayor Cawley Commissioner Wood 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 Setting Public Hearing for Proposed FY 2024-2025 Budget: Resolution No. 2024-072 c) **Resolution Setting Public Hearing for Request to Rezone Fourteen Parcels on Riverside Drive and East  agenda, that item willl be considered ini its listed place on the agenda. a) **Approval ofl Minutes: -March 21, 2024 Regular Meeting  Pine Street: Resolution No. 2024-073  3.) SPECIAL: RECOGNITIONS: a) AGORA Award: Barbara Oliver  b) Historic Preservation Month Proclamation  4.) PUBLICHEARINGS: 5.) PRESENTATIONS: 6.) PUBLIC FORUM: 8.) OLD: BUSINESS 9.) NEW: BUSINESS:  7.) ITEMS REMOVED FROM CONSENT AGENDA:  a) Resolution Approving City Employee Retirement. Program Change: Resolution No. 2024-070 a) Resolution Setting Public Hearing-Consideration ofI Municipal Service District Boundary Expansion:  Resolution No. 2024-074  b) Resolution Authorizing Agreement for Legal Services: Resolution No. 2024-075 c) Franklin Street Streetscape Update: City Manager Darren Lewis d) City Manager Present Proposed FY 2024-2025 Budget: Darren Lewis  10.) OTHER BUSINESS: 11.) REMARKS BY OFFICIALS:  a. City Council b. City Manager - City Attorney  12.) CLARIFICATIONREBUTTAL BY MAYOR. AND CITY COUNCIL:  13.) ADJOURNMENT:    MOUNT AIRY, NORTH CAROLINA REGULAR MEETING MINUTES  March 21, 2024  MEMBERS PRESENT: Mayor Jon Cawley, Commissioners Phillip Thacker, Tom Koch, Marie  Wood, Deborah Cochran, and Chad Hutchens  Mayor Cawley welcomed everyone and called the meeting to order.  APPROVALOF AGENDA: CONSENT AGENDA:  On motion by Commissioner Koch and passed unanimously, the agenda was approved.  On motion by Commissioner Hutchens and passed unanimously, the following items were APPROVALOF FEBRUARY13.2024: STRATEGICPLAMNING MEETING MINUTES ORDINANCE 021-030-ORDIMANCE AMENDING ARTICLE V SECTION 2-81 OF THE  approved by way of Consent Agenda:  CITYOF MOUNT AIRY CODE OF ORDINANCES:  ORDINANCE NUMBER 2024-030  ORDINANCE AMENDING ARTICLE V SECTION 2-81 OF THE CITY OF MOUNT AIRY CODE  OFORDINANCES  NOW,THEREFORE, BE IT ORDAINED that Article V-Official Appearance Commission; Section 2.81-Membership and Appointment, of the City of Mount Airy Code of  Ordinances be amended as follows (in bold): Sec. 2-81.- Membership and appointment. continue to serve their terms as designated. not more than two consecutive three-year terms.  (a) The Official Appearance Commission oft the City shall consist ofHnine (9) members as appointed by the Board of Commissioners of the City. The members now serving will (b) Members shall be appointed for a term of three years and may be reappointed to serve (c) All members of the Commission shall be residents oft the City. rthefatr-ferriterinl Koming.ariualielienghowewermsenhehpwipataltim-spheresilenteot BE IT FURTHER ORDAINED this ordinance shall become effective upon approval.  the-City.  Approved and adopted this the 21st day of March, 2024.    RESOLUTION V21-060-RESOLTION AUTHORIZING STAFF TO MAKE  APPLICATION FOR RURALTRANSFORMATIONGRANTE  RESOLUTION NUMBER 2024-060  RESOLUTION AUTHORIZING STAFF TO MAKE APPLICATION FOR RURAL  TRANSFORMATIONGRANT  WHEREAS, the City of Mount Airy supports the development of the Spencer's Mill WHEREAS, the North Carolina Department of Commerce offers a Rural Transformation Grant to support numerous projects including downtown revitalization  property and the Franklin Street streetscape project; and  efforts; and  WHEREAS, City staff has asked for permission to make application for said grant for a streetscape initiative along Franklin Street with benefits to include quality of life improvements, access to key amenities, increasing tourism and economic development, and  increasing property values; and  WHEREAS, this project will also improve connectivity and walkability for people of NOW, THEREFORE BE IT RESOLVED BY THE CITY OF MOUNT AIRY  all ages and abilities, and link to the proposed Marriot Hotel and Conference Center: BOARD OF COMMISSIONERS MEETING IN OPEN SESSION THAT:  Section 1. The Board of Commissioners does hereby authorize City staff to make  application for a NC Department of Commerce Rural Transformation Grant in the amount of $850,000. If awarded, these grant funds will be used for a streetscape initiative along Franklin Street in the downtown area.  Section 2. This resolution shall become effective upon approval. Approved and adopted this the 21st day of March, 2024.  RESOLUTION D2L-0d-RESOLLTION APPROVING LOCAL COMMITMENT FOR  RURALTRANSFORMATIONGRANT  RESOLUTION NUMBER 2024-061  RESOLUTION APPROVING LOCALO COMMITMENT FOR RURALTRANSFORMATIONGRANT WHEREAS, the Mount Airy Board of Commissioners authorized City staff to make application for a Rural Transformation Grant through the NCI Department of Commerce; and  2    WHEREAS, if awarded, this grant funding would include a streetscape initiative for the Franklin Street area with benefits such as quality oflife improvements, access to key amenities, increasing tourism and economic development, and increasing property values; and  WHEREAS, the grant funding amount in which staff applied is $850,000 with a local WHEREAS, this local commitment shall be funded out of the City of Mount Airy Capital NOW,THEREFORE BE IT RESOLVED BY' THE CITY OF MOUNT AIRYBOARD  commitment amount of five percent up to $42,500; and  Improvements Fund:  OFCOMMISSIONERS MEETING IN OPEN SESSION' THAT:  Section 1.  The Board of Commissioners does hereby approve the local commitment of five percent, should the City be the recipient of an $850,000 Rural Transformation Grant to assist ini thes streetscape initiative for the Franklin Street area. The board of Commissioners does hereby authorize the Mayor and/or City Manager to execute any and all documentation for said project per review and  Section 2.  approval by the City Attorney.  Section 3. This resolution shall become effective upon approval. Approved and adopted this the 21st day ofl March, 2024.  (end of consent agenda) PUBLICHEARINGS:  a) Request to Rezone Property Located at 215 Jones School Road from R-6 (General Jeannie Studnicki updated the Board on this rezoning request. C. Marie Nicholson has requested to rezone 8.53 acres located at 215 Jones School Road from R-6 (General Residential) to B-3 (Neighborhood Business). Ms. Nicholson applied on behalf of the African American Historical and Genealogical Society of Surry County, who are the owners of this property-the Old Jones School property. This parcel encircles an adjacent parcel at 213 Jones School Road, which is owned by the JJ Jones High School Alumni Chapter and was once operated as the school gym. It is currently an auditorium and is being used as a rental space. City staff requests the parcel at 213 Jones School Road be rezoned to B-3 as well. Their intention is to convert the Resource Center into a multi-use commercial building. According to their application, they want to offer space for a small business incubator, gift shop, boutiques, book store, library and day care center opportunities. They would also like to incorporate a community garden with the intention to help with gardening skills. They want to bring more awareness to that area by increasing visitor traffic and also teach others about the neighborhood and community. The Planning Board has recommended approval of the  Residential) tol B-3 (Neighborhood Business):  request to rezone both 215 and 213 Jones School Road. Mayor Cawley declared the Public Hearing open.  3    Calvin Vaughn, 600 Merritt Street (city resident): Spoke in favor of the rezoning request. The Board is business friendly and more small businesses need to be invited to the City. Small C.I Marie Nicholson, 148 Caesar Lane (city resident): Spoke in favor of the rezoning request. She attended school at this site and has learned a lot oft the history of this school. Her father was the first black police officer in this town. It seems right to find ways to keep this building alive and be able to grow it into something that the 21st century would be proud of. Jackie Snow, 1965 graduate of Jones School and member of the JJ Jones Alumni Association: Spoke in favor oft the rezoning request of 215 Jones School Road. The 213 Jones School Road parcel has a separate deed than 215 Jones School Road. A website was created to show what has gone on at this property from 1966 to current. Is not in favor of rezoning 213 Jones School Road because he is concerned about the changes in taxes if rezoned. He was Jeannie Studnicki noted that the rezoning would bring the building owned by the Alumni into compliance due to the auditorium portion being used for rentals and other uses. Nancy Williams, President of JJ Jones Alumni: Spoke in favor of the rezoning request. The majority voted in favor of the rezoning. They did check to make sure that taxes would not be affected in anyway. The rezoning will not affect 213. Jones School Road and they are pleased James Norman, 1958 JJ Jones School graduate: Represents the older graduates of the school. Feels this is a good plan for the future use of the building and is glad to see that the school will still be standing. He wasn't in favor of the rezoning of the auditorium because he didn't see any advantages, but listening during this meeting, he agrees it is a good plan for it to be  businesses help keep the American dream alive.  informed that the taxes would not be affected by the rezoning.  tol have 215. Jones School to be rezoned tol be able to move: forward.  rezoned. He is now in favor oft the rezoning of both properties.  Seeing no other speakers, Mayor Cawley declared the Public Hearing closed.  PRESENTATIONS:  a) Bridge Proposal at Mount Airy High School: Mount Airy High School Students: Students at Mount Airy High School reviewed a proposal for a pedestrian bridge to connect the High School property to the Greenway. Mount Airy High School is the only school on the greenway that doesn't have direct access to the greenway. Having access to the greenway will benefit many programs including agriculture and science classes, FFA, physical education classes, special education classes, sports teams, and engineering classes. Having access to the greenway would also mean safer access to Veterans Park. After reaching out to City engineers, they adjusted the bridge height to meet requirements for flooding to not interfere with flood controls that are already in place. The students would obtain the bridge permit for construction. As far as safety, adding a bridge that connects the greenway to Mount Airy High School would not make it any more unsafe. Cameras could be installed ora gate if needed. Zoning will not be an issue because it is already zoned B-2. Half of the land where the bridge would be belongs to the High School and the other half belongs to the City. The students presented details of the design of the bridge and drawings. During the process, the students meet with Smith Rowe and also reached out to engineers at Contech. A  4    prefabricated bridge with composite decking and brick columns at each end is proposed. The two brick columns on each end were priced at $30,000. The prefabricated pedestrian bridge was priced at $147,000. The bridge, installation, grading, machinery, and transportation was priced at an overall cost at $350,000. The students are asking for the City of Mount Airy's Commissioner Cochran applauded the students for thinking outside the box and not using wood for the bridge. Commissioner Koch asked how much the students have raised for this project thus far. The students just started this project and have only taken it to the Board of Education for approval-they do plan to take it to the State and meet with Representative Darren Lewis mentioned the City of Mount Airy has applied for grant opportunities for this project specifically in the past without any success. He also believes that someone with the City Schools have applied as well. The City will continue to look for grant opportunities for this project. Mayor Cawley suggested the City prepare a resolution of support for this project to go along with grant application. The Board applauded the students for their work and  consideration to help fund this project.  Eddie Settle for funding as well.  presentation. PUBLIC FORUM:  Mayor Cawley declared the Public Forum open for comments.  Denise Carlyle, 2113 Pine Ridge Road (non-city resident): Spoke about safety in Mount Airy. She is scared for her safety because of the homelessness situation. She thanked the Mayor and Board for the time and energy they are putting into the homeless crisis Mount Airy is facing. She sent an email to the Mayor and Board about an incident that happened to her while on the greenway. Surprisingly, fear was not what she felt, it was sadness because she feels she can't walk on the greenway and Independence Boulevard anymore on a Sunday afternoon. She was frustrated that when contacting the police department about the incident, they told her to walk with a buddy or go to ProHealth. She felt her freedom to enjoy what has been offered by the town was compromised. At the end of the day, what really matters is the safety of the citizens and visitors. Mount Airy is not alone in this crisis. How Mount Airy chooses to respond is what will set the City apart from everyone else. She hopes they can take time to come together as citizens and government officials to work David Hall, 237 Jackson Road (city resident): Has concerns with the homelessness situation as well hearing Ms. Carlyle's story and many others around town. During early voting, there were people telling stories of things that had happened and he understands where they are coming from. Last summer, he had a break-in and when police came they stated that they thought it was the homeless population because there were other break-ins as well. How are the tourists going to feel when they see all these homeless people sitting around and camping? They need to do something to work towards this problem and figure out how it started and how they are getting here. His friend asked a homeless person where they were from and he said Tennessee. He also asked why he came to Mount Airy and he told him it was because of all of the free stuff he can get. He would like to be a part in solving this  together to address this issue.  problem because it has increased greatly in the last couple of years.  5    John Pritchard, 128 Ridgecrest Drive (city resident): Spoke about the homeless situation suggesting not waiting for a new board to come in to do something about it. He understands the City has decided to continue with curbside recycling but he feels it should have come to a Board vote in public with each commissioner going on record because it is not sustainable. He researched eight or ten surveys concerning recycling and they conceded that sixteen to twenty-five percent of the recycling products actually gets recycled. He saw the statements that everyone likes recycling and that 2/3 people recycle. They should know the actual number by keeping a count of how many citizens recycle. The City will have to buy a $400,000 recycling truck and pay more for the process. At some point, the City will have to make a decision that other towns have made in that recycling is not sustainable. Seeing no other speakers, Mayor Cawley declared the Public Forum closed.  NEW BUSINESS: Purposes:  a) Resolution 2024-062-Resolation Approving Purchase of Property for Future Recreational Darren Lewis mentioned this is the property located behind the Big Lots shopping center. It isa 12.5-acre parcel adjacent to the greenway. The property has now come up for sell and the owners have agreed to a purchase price of $80,000. City staff feels this location would be a On motion by Commissioner Thacker and passed unanimously, Resolution 2024-062 was  great future amenities for recreation and quality of life for citizens.  approved.  RESOLUTION NUMBER 2024-062  RESOLUTION APPROVING PURCHASE OF PROPERTY FOR FUTURERECREATIONAL PURPOSES Carter Street (PIN 5929-12-77-8052)  WHEREAS, the City of Mount Airy proposes to appropriate and expend City funds WHEREAS, the City proposes to expend eighty thousand dollars ($80,000) to acquire fee simple title in, and to, property located on Carter Street (PIN 5929-12-77-8052), some or all of which is legally described in Record Book 1125, Page 068 in the office of the Surry  for a certain future recreational purpose; and  County Register of Deeds; and  WHEREAS, the City proposes to acquire the property to use for future recreational WHEREAS, the Board of Commissioners believes this purchase will help expand and NOW, THEREFORE BE IT RESOLVED BY THE CITY OF MOUNT AIRY  purposes; and  preserve the value and enjoyment of recreation for years to come:  BOARD OF COMMISSIONERS MEETING IN OPEN SESSION THAT:  6    Section 1. The Board of Commissioners does hereby authorize and approve the  acquisition of the aforementioned property for the purposes of future recreation for the total purchase price of eighty thousand dollars ($80,000). Attorney to prepare all documentation necessary for the purchase of said  Section 2. The Board of Commissioners does hereby authorize and instruct the City  property.  Section 3. The Board of Commissioners does hereby authorize the Mayor to execute all  documentation necessary for the purchase of said property.  Section 4. This resolution shall become effective upon approval. Approved and adopted this the 21st day of March, 2024.  b) Ordinance 2024-031--Budget Ordinance Amendment for Purchase of Land on Carter On motion by Commissioner Wood and passed unanimously, Ordinance 2024-031 was  Street: approved.  ORDINANCE. NUMBER 2024-031 BUDGETORDINANCE. AMENDMENT  WHEREAS the City of Mount Airy adopted the 2023-24 budget on June 1, 2023; AND WHEREAS the City of Mount Airy will purchase land located on Carter Street; AND WHEREASi it is necessary to amend the budget ordinance in order to appropriate funds for AND WHEREAS General Statute 159-15 of the North Carolina Government Fiscal Control Act NOW, THEREFORE, be it ordained that authorization is hereby given to make the following  the purchase ofland;  provides authority to amend a current municipal budget;  adjustments:  Increase (Decrease) 80,000 80,000 80,000 80,000  Section 1. General Fund Appropriations Parks and Recreation Section: 2. General Fund Revenue Estimates Appropriation ofF Fund Balance  Adopted this 21st day of March, 2024.  7    c) Ordinance 2024-032-Ordinance to Rezone Property Located at 215 and 213 Jones School On motion by Commissioner Hutchens and passed unanimously, the following Statement of Consistency was adopted: "The proposed rezoning is consistent with the future land use (Medium Intensity) recommendation in the City of Mount Airy Comprehensive Plan. The On motion by Commissioner Koch and passed unanimously, Ordinance 2024-032 was  Road:  request is also reasonable and in the public'sinterest."  approved.  ORDINANCE NUMBER 2024-032  ANORDINANCE TO REZONE PROPERTYI INTHE CORPORATELIMITS OF  THECITY OF MOUNT AIRY, NORTH CAROLINA  WHEREAS, the City of Mount Airy Board of Commissioners has received a request from C. Marie Nicholson to rezone 8.53-acres located at 215 Jones School Road (Tax ID Number 5021-12-85-9833) from R-6 (General Residential) to B-3 (Neighborhood Business);  and  WHEREAS, due to its encirclement by the 215 Jones School Road property, the City of Mount Airy Planning staff recommends 213 Jones School Road (TAX ID Number 5021-  12-95-0958) be rezoned to B-3 as well; and  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 21st day of March, 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 future land use (Medium Intensity) recommendation 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 both the 8.53-acres identified as 215 Jones School Road (Tax ID 5021- 12-85-9833) and the 0.22-acres identified as 213 Jones School Road (Tax ID 5021-12-95- 0958), both shown on the attached Exhibit A, be rezoned from R-6 (General Residential) to  B-3 (Neighborhood Business). amended to reflect this change.  BE IT FURTHER ORDAINED that the Zoning Map of the City of Mount Airy be  8    Approved and adopted this the 21st day ofl March, 2024.  REMARKSI BY OFFICIALS:  Commissioner Hutehens: Mentioned he, the Mayor, and Commission Thacker attended the Chamber of Commerce event today. Iti is inspiring to see those advocating for the community with the great things they are doing. Sometimes, there are different ideas but they will always come to the best solutions. Excited about the Old Jones School property and the Commissioner Koch: Excited for the success for the Old Jones School project. Thanked the alumni taking the energy and time to do it. Things like this is what that makes Mount Airy Commissioner Cochran: Thanked Denise Carlyle for sharing her experience. The City is Commissioner Thacker: Thanked the High School students and teachers for the bridge proposal. Thanked everyone that spoke tonight keeping the Board informed. Commissioner Wood: Echoed all comments that have been made. Hopes everyone has a good Darren Lewis: Thanked both school groups that spoke tonight. City staff will continue to Hugh Campbell: Mentioned the property behind the Big Lots shopping center, those athletic fields will be named "The Simmons Field" in honor of the property owner-the Simmons family. The family wanted to honor Mrs. Simmons by naming the fields after her. Andy Goodall: Thanked Marie Nicholson and Jeannie Studnicki for all the work they did for the rezoning of the Old Jones School property. They worked through a list of things to get it rezoned. Also, he and Commissioner Wood attended the Main Street Conference in Goldsboro last week. Mount Airy has some incredible projects that will be going on among Main Street Mayor Cawley: Attended the Chamber meeting this morning and thank them for stepping up and bringing things to the Board's attention. There will be a ribbon cutting for Habitat for Humanity at their new location tomorrow. April 1-5 and April 8-12, 2024 will be spring cleanup in the City and this week and next week is the community cleanup. He encouraged everyone to help by picking up trash along the streets to make Mount Airy and the surrounding areas clean. Mentioned the City Manager worked hard by researching the information regarding recycling. When comparing curbside recycling to drop-off, the cost was only a difference of approximately $12,500/year. Thanked the ladies who shared their stories-safety of people is critical. On behalf of the police department, since the Board asked them to step up in October on the homeless situation, their work has been phenomenal. There are new police officers and people that work for the City that are dealing with individuals who do not want to be dealt with on a daily basis and he can see the frustration. Telling someone to go to ProHealth is not a good answer, but if people only hear that side of it, they may not realize what police personnel has done to change what is happening. Last year, he had suggested the police department to not continue funeral escorts; however, he was involved in a funeral today and was very thankful that there was a police escort. Darren mentioned everyone needs to remember that the City has to pay the $79,000 removal fee regardless if continuing with curbside recycling or move to the drop-off center. Mitch indicated that Public Works keeps track of the percentage of curbside participation  community garden.  special-it take good citizens to doi it. working on the homelessness situation.  evening.  work with all groups for the betterment of the community.  and Downtown over the next couple of years.  and it is 60-70% citizen participation.  9    CLOSEDSESSION: session. OPENSESSION:  a) Pursuant to NCGS 15-3B.1(6)Attorney-Client Privilege:  On motion by Commissioner Thacker and passed unanimously, the Board entered into closed  On motion by Commissioner Koch and passed unanimously, the Board entered back into open  session with no further action. ADJOURNMENT:  On motion by Commissioner Koch and passed unanimously, the meeting was adjourned.  Approved and adopted this the 2nd day of May, 2024.  Jon Cawley, Mayor  ATTEST:  Melissa N. Brame, City Clerk  10    RESOLUTIONT 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 awwmontairy.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 bel heard on the budget may make comments:  NOW, THEREFORE BE IT RESOLVED BY THE CITY OF MOUNT AIRY  BOARDOFCOMMISSIONERS 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 Cawley, Mayor  ATTEST:  Melissa N. Brame, City Clerk    RESOLUTION NUMBER 2024-073  RESOLUTION: SETTINGPUBLICHEARING FOR REQUEST TO REZONEIAPARCEISON  RIVERSIDE. DRIVE/EASTPINESTREET  WHEREAS, the City ofl Mount Airy has received requests to rezone: fourteen (14) parcels located on Riverside Drive and East Pine Street (total acreage 18.5 acres) from M-1 (Industrial) to  B-2 (General Business); and  WHEREAS, the following parcels are: included to be rezoned:  Address: 1. 440 East Pine Street 2. 420 East Pine Street 3. 338 East Pine Street 4. 336 East Pine Street 5. 334 East Pine Street 6. 330 East Pine Street 7. 423 East Pine Street 8. 335 East Pine Street 9. 120 North Gilmer Street 10. 137 Riverside Drive 11. 351 Riverside Drive 12. 300 Block of] E. Independence Blvd. request to thel Board of Commissioners:  PIN: 5020-12-95-6220 5020-12-95-8081 5020-12-95-4118 5020-12-95-3322 5020-12-95-2360 5020-12-95-1067 5020-12-95-1221 5020-12-85-9170 5020-12-95-2437 5020-12-95-1430 5020-12-85-7370 5020-12-85-9563 5020-12-86-7328 5020-12-86-6233  Acreage: 9.80 acres 0.56 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,THEREFORE BE: IT RESOLVED BYTHE CITY OF MOUNT AIRY BOARD  OF COMMISSIONERS MEETING IN OPEN SESSION THAT:  Section 1. That aj public hearing bes scheduled for Thursday, May 16, 2024 at 6:00 pm to hear  public comments on the above-mentioned request.  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 ofthe public hearing. This resolution shall become effective upon approval.  Section 3.  Approved and adopted this the 2nd day of May, 2024.  Jon Cawley, Mayor  ATTEST:  Melissa N. Brame, City Clerk    City ofMount Airy  HE  May 2, 202.4 Board ofCommissioners Meeting  Staff Report April 23, 2024 To: From: Subject:  Mayor Cawley & Board of Commissioners Andy Goodall Jr. - Planning Director  2024-REZ-02 (Riverside Drive/E. Pine Street, M-1 to. B-2)  A. ACTION REQUESTED BY BOARDOFCOMMISSIONERS rezone the subject parcels from M-1 to B-2. B.R REQUIRED VOTESTO PASS ACTION  Motion to set a public hearing for May 16, 2024 to hear comments on the request to  An majority vote is required to pass the requested action.  C. SUBJECT PROPERTIES Property Owner(s):  City of Mount Airy P.O. Box 70 Mount Airy, NC 27030 440 E. Pine Street 9.8 Acres City ofl Mount Airy Public Works M-1 (Industrial) B-2 (General Business)  Physical Address: Property PINS: Zoning Area: Current Use: Current Zoning District: Proposed Zoning District: Property Owner(s):  5020-12-95-6220, 5020-12-95-8081 & 5020-12-95-4118  Grand Investment Properties LLC P.O. Box 11 Pilot Mountain, NC 27041 420 E. Pine Street 5020-12-95-3322 .56. Acres  Physical Address: Property PIN: Zoning Area:  2024-REZ-02    Current Use: Current Zoning District: Proposed Zoning District: Property Owner(s):  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 Addresses: Property PINS: Zoning Area: Current Use: Current Zoning District: Proposed Zoning District: Property Owner(s):  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  Physical Addresses: Property. PINS: Zoning Area: Current Use: Current Zoning District: Proposed Zoning Distriet: Property Owner(s):  423 E. Pine Street & 335 E. Pine Street 5020-12-95-2437 & 5020-12-95-1430  1.24. Acres Fuel Station M-1 (Industrial) B-2 (General Business) Red Oak Development LLC 205 Riverside Drive, Suite 1 Mount Airy, NC: 27030  Physical Addresses: Property PINS: Zoning Area: Current Use: Current Zoning District: Proposed Zoning District:  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)  Hardware Wholesaler, DMV, Salon, Auto Sales Office  2024-REZ-02 2    Property Owner(s):  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)  Physical Address: Property PIN: 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:  300 block of E. Independence Boulevard  Effected Parcels: Total Acreage:  14 18.5 Acres  D. 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 Comprehensive Plan and  voted (8-0) to: recommend approval.  2024-REZ-02 3    E. LONING MAP  GRURESIER  Area Zoning  518 B2 612 14  16425  B3-CD  Suhject Parcels (14)  QAR R6 DIODETG S 153 155 310  301 176  B2  440  M1  R6  620  930 Feet  R8  2024-REZ-02    RESOLUTION NUMBER 2024-070  RESOLUTION APPROVING 457 RETIREMENT PLANT THROUGH EMPOWER  WHEREAS, the City of Mount Airy currently has two 457 plans with only 7 WHEREAS, The City wishes to dissolve these two plans and offer a 457 retirement plan through Empower-a qualified defined contribution plan offered through the State of  employees who participate between the two plans; and  North Carolina-to City employees; and  WHEREAS, the State of North Carolina has established the North Carolina Public Employee Deferred Compensation Plan, a qualified governmental Deferred Compensation Plan under Internal Revenue Code S 457(b) for public employees of North Carolina:  NOW, THEREFORE be it resolved that the City of Mount Airy has adopted the North Carolina Public Employee Deferred Compensation Plan also known as "NC Deferred Comp" under the terms of the Plan Document and the Third-Party Administrator Agreement. All City employees shall become eligible to defer compensation beginning July 1,  2024.  This resolution shall become effective upon approval. Approved and adopted this the 2nd day of May, 2024.  Jon Cawley, Mayor  ATTEST:  Melissa N. Brame, City Clerk    Memorandum  OFTHE Cip  To: Board of Commissioners Date: April18,2024  1885  From: Susan Jones, Human Resources Director Subject: Employee Retirement Program  THCAROLI  We would like to offera a 457 retirement plan through Empower. We currently have our 401k program through them and would like to offer this in addition to the 401k. With a 457 plan there is no IRS early withdrawal penalty associated with the 457 regardless ofa an individual's age at separation of service. Also separation of service does not have to be associated with retirement. The City ofl Mount Airy currently has (two) 457 plans (1 with Mission Retirement and 1 with Nationwide) that we have fiduciary responsibility for. Moving to the State 457 would remove that responsibility from the City and give that to the State. We would like to dissolve the 2 plans that we currently have once the State 457: is setup and would ask that the Board approve this Currently there are only 7 participates between the 2 plans with only 1 oft them being an active employee. We feel that this move to the State 457 would allow us to provide more information We feel that offering this along with our current State Retirement and State 401k, it gives the employees different ways to save for retirement in the best way that works for them.  change  on the plan thus gaining more participants.    RESOLUTION NUMBER 2024-074  RESOLUTIONSETTINGPUBLICHEARING  EXPANSIONO OF THEI MUNICIPALSERVICEDISTRICTCONSIDERATION WHEREAS, the Municipal Service District (MSD) was created in 1975 encompassing WHEREAS, the City of Mount Airy Board of Commissioners have received a request from Mount Airy Downtown, Inc. to set a public hearing for proposed expansion of the  much oft the Central Business District in the downtown area; and  Municipal Service District (MSD); and  WHEREAS, a report detailing the proposed expansion will be available for public WHEREAS, the properties included in the expansion request are as follows:  inspection in the office ofthe City Clerk at City Hall; and  Owner: Parcels: Acreage:  APG Real Properties of Mount Airy, LLC (Occupied by the Mount  Airy News) 0.82 Acres  5020-11-75-4656 and 5020-11-4716  0.44Acres  NOW, THEREFORE BE IT RESOLVED BY THE CITY OF MOUNT AIRY  BOARD OF COMMISSIONERS MEETING IN OPEN SESSION THAT:  Section 1. That a public hearing be scheduled for. June 6, 2024 to hear public comment on Section 2. That all effected property owners shall be given written notice at least four Section 3. That notice of the public hearing shall be published in the Mount Airy News, a  the above listed item.  weeks prior to the public hearing.  newspaper having general circulation in the City of Mount Airy, at least one  week prior to the date of the public hearing.  Section 4. This resolution shall become effective upon approval. Approved and adopted this the 2nd day of May, 2024.  Jon Cawley, Mayor  ATTEST:  Melissa N. Brame, City Clerk    NORTH  3362781737  mountalryownownors 190Virginia St, Mount Airy, NC  DOWNTOWN) UINE. EXPLORE"  Mount Airy Downtown, Inc.  April29,2024  MSD Boundary Review and Expansion  Dear Mayor, Board of Commissioners, and City! Manager:  The Mount Airy Downtown (MAD), Inc. Board of Directors would like to thank you for your continued: supporto of MAD, Inc. and your leadership of our community. In particular, we appreciate our partnership with youin Del preserving andi revitalizing the downtown Municipal Service District (MSD), which ist thel heart of Mount Airy siub Since 2013, when MAD, Inc. first assumed responsibility for helping to manage thel MSD, there have been nearly 200 private and publici improvement projects and wel have seen 60 new businesses locatedi in the hen downtown district. During this time, private investment has totaled over $45 million (with much more coming) and thet taxable building and property value within thel MSD hasi increased by 72 percent, from $361 million to $621 million (with much more coming). These accomplishments. are not accidental- -t they have resulted from years of careful planning, strategici investment, and robust programming to support businesses and property  and a major driver ofe economic growth.  0  ownerst through our partnership with the City.  MAD; Inc. isr required to periodically review. the boundaries oft the MSD and recommend any changes tot the City Board of Commissioners. State law (NC General Statutes - Chapter 160AArticle: 23) sets forthi the standards and required process tol bet followed by municipalities in extending service districts. We recently completed TCIDIR our review oft the district, and the MAD, Inc. Board of Directors has voted to recommend al boundary 90 expansion, as briefly summarized int this memo, and requests that the City Board of Commissioners seta  a  public hearing on June 61 to consider this recommendation.  On June 24, 1975; the City Board of Commissioners (Board) adopted a resolution creating al Municipal Service Districtencompassing much oft the Central Business District (CBD) oft the City of Mount Airy. The Board has approved several changes since the creation oft the district, with the most recent occurring in 20141 that added,  among others, the Spencer's Mill properties on Franklin Street and Willow Street. Mount Airy Downtown, Inc.isal North Carolinal Main Stetorenatoncomntes  tol Msonépeseratonbaadcommuntlyrataiaten    DOWNTOWN)  Thats strategic west-side expansion oft the MSD proved to be a catalyst fort the ongoing Spencer's Mill Redevelopment Initiative. Upon completion oft thet final two phases, this series of major projects will represent total investment of about $65 million ini the downtown district. With respect tot the Balladeer Hotel currently under development, we believe thati its location within the MSD and proximity to significant nearby improvements provided both the Sunhouse Hospitality ownership team and the Marriott International development tteam with the necessary confidence to make sucha al largei investment in our downtown.  Att this time, MAD, Inc. is requesting that the Board consider annexation of two (2) properties adjoining the BSL 1 existing MSD. As required by statel law, each oft the properties proposed to be incorporated into the MSDi is contiguous to the existing MSD: and at least one-eighth (12.5%) of the aggregate external boundary ofeach DenrMe  property coincides with the existing boundary of the district.  newio preses  CT These two parcels are currently occupied by The Mount Airy News on Renfro Street between Independence Gileds Avenue and Oak Street. They were previously excluded from the MSD because they were the site of 120 manufacturing activities. However, manufacturing no longer occurs on the site and The Mount Airy News has andan ranjon disclosed thati it will be seeking to relocate its operations and agreed to be designated an "opportunity site" zson for purposes oft future redevelopment and revitalization within the CBD. These adjacent properties total about 1.26 acres and, ifincorporated intot the MSD, would increase the MSD from about 86.1 acres to about 87.4 acres (by about 1.5%). The properties are listed and shown on the maps attached below.  093 30  When the MSD was initially adopted, the service tol be performed in the district was limited to the provision of off-street parking facilities. The area included: int the original district was the CBD that had the most need for off-street parking facilities. Most of the original district is zoned B-1 (Central Business), a zoning district that oMErS recognizes most downtown buildings cover one hundred percent (100%) of thel lot area and cannot accommodate off-street parking. Subsequent extensions oft the MSD havet focused not only on the ability to provide additional off-street parking facilities, but also on "downtown revitalization." As defined in NCGS boand 160A-536, "downtown revitalization projects" arei improvements, services, functions, promotions, and oubild developmenta. activities intended tot further the public health, safety, welfare, convenience, and economic Asth well-being ofthe central city or downtown area. As the ongoing partnership between the City and MAD, Inc. expanst vona demonstrates; ther role of the MSD extends far beyond parking to include manyi initiatives and programs aimed  dnnis atbuildingay vibrant downtown neighborhood and thriving! local economy.  Mount Airy Downtown, Inc. isal North Carolina Main Street organizationcommited  tohstoricpreservatio-baseccommunttyrevtalzation.  2    DOWNTOWN)  Wel believe int thei future of Mount Airy, as strongly as ever, and remain committed to our partnership with the City. Withy yourvision-focused leadership, we will continue tot think ahead and position Mount Airy for success. On behalf of Mount Airy Downtown, Inc. and the many! businesses and historic properties that constitute our iconic and vital downtown, thank you again foryour continued support of our community.  Sincerely,  oingepVaogouny  Morgan Johnson' Vasquez Bryan Grote, President Jerry Coram, Jr., Vice President Greg Perkins, Treasurer Anna Kriska, Secretary Ted Ashby Nathan Bond Holli Nowlin Gene Rees Andi Schnuck Ellie Webb  Executive Director Mount Airy! Downtown, Inc.  Chea The  dIscHs - - CPS  Affected Properties Information 4096 Coon Rapids Blvd NW Coon Rapids, MN! 55433-2523 1) Parcel: 5020-11-75-4656 Acreage: 0.82 Acres Zoning District: B-1 (Central Business) Assessed Value: $1,036,600 Revenue Generation (.21/100): $2,176.86  Property Owner: APGI Real Properties of Mount AiryLLC  ou - 0EEnP I-ber demess atuwos  2) Parcel: 5020-11-75-4716 Acreage: 0.44 Acres Zoning District: B-1 (Central Business) Assessed Value: $125,730 Revenue Generation (.21/100): $264.03  Mount Airy Downtown, Inc.isal North Carolina Main Street organization committed  tol soutépreamatonbasdcommuntlyrwdalaten  3    DOWNTOWN)  Current MSD Map  City of Mount Airy Municipal Service District  Proposed MSD Expansion Map Proposed Municipal Service District Expansion  Subject Parcels (2)  Legend Munldpals Service District TaxF Parcels 530  Mount Airy Downtown, Inc. isal North Carolinal Main Street organzaton.commited  tol historic pleservaltonbasad.communtyrewtalation.    MOUNT  AIRY  IBETE  DOWNIOWNING  Mount Airy is al North Carolina Main Street community, designated by the N.C. Department of Commerce Main Street & Rural Planning Center. Mount Airy Downtown, Inc. is charged with administering the program at the local level and measurable results such as investment, business growth, andj job creation.  MAINSTREET AMERICA 2023cAccedited  North Carolina building public-private partnerships to spur economic development that achieves  MAIN STREET Community  DOWNTOWN BY THE NUMBERS FY 2022-23  PUBLIC MPROVEMENT  PROJECTS FAÇADE ENHANCEMENTS BUILDINGS REHABLITATED  17  $3,717,346 PUBLIC INVESTMENT  10  $7,982,710 PRIVATE INVESTMENT  5  DOWNTOWN CUMULATIVE STATISTICS I SINCE 2013  $41.5M PRIVATE INVESTMENT  $ 61.6M MSD TAXABLE VALUE (72%INCREASE)  42 BUILDING REHABILITATIONS  43 PUBLIC IMPROVEMENT PROJECTS  106 FAÇADE ENHNACEMENTS    RESOLUTION NUMBER 2024-074  RESOLUTION: AUTHORIZING AGREEMENT FOR LEGALSERVICES  WHEREAS, for many years, Campbell Law Group, LLC has provided general legal  representation for the City of Mount Airy; and  WHEREAS, Hugh Campbell is a member/manager of thes said firm; and  WHEREAS, it is staff recommendation for approval of the Agreement for Legal Services with Campbell Law Group, LLC: at the annual rate of $55,000 to be paid in monthly installments;  and  WHEREAS, the term of said agreement shall expire June 30, 2025 and will thereafter be  renewed on an annual basis by the Board, unless terminated by either party:  Section 1. The Board of Commissioners does hereby approve the Agreement for Legal Section 2. The Board of Commissioners does hereby authorize the Mayor to execute said  Services between the City of Mount Airy and Campbell Law Group, LLC.  agreement.  Section 3. This resolution shall become effective upon approval. Approved and adopted this the 2nd day ofl May, 2024.  Jon Cawley, Mayor  ATTEST:  Melissa N. Brame, City Clerk    AGREEMENT FOR LEGAL SERVICES  This Agreement for Legal Services (the AAgreement@) is being made and entered into this effective this the 1st day of July 2024 by and between the CITY OF MOUNT AIRY, al North Carolina municipal corporation (the ACity@), party oft the first part, and CAMPBELL LAW GROUP, PLLC,a North Carolina professional limited liability company (AAttorney@), party of the second part. Pursuant to N.C.G.S. 160A-173, City hereby appoints Attorney as its city attorney upon the terms and conditions set forth herein, to serve at its pleasure and to be its legal adviser. Attorney accepts this appointment and agrees that Attorney will at all times faithfully, industriously and to the best of Attorney=s ability, experience and talents, perform all ofthe duties that may be required of and from Attorney pursuant to the express and implicit terms  hereof. SECTION 1; SCOPE  Attorney will be engaged by the City to provide general legal representation to the City, in the following areas of law as they pertain to municipalities, said list not to be all-inclusive:  Police and Public Safety law; Financial law; General real estate matters; Litigation; Drafting contracts and Incentive Agreements; Providing legal advice to City Department Heads; Land Use Regulation; General Police (Ordinance making) powers; Employer-Employee relations and labor law; Environmental law; and such other and further responsibilities as requested by the City Manager or the Board of Commissioners in keeping with the North Carolina Rules of Professional Conduct established for lawyers by the North Carolina State  Bar.  Int the role of city attorney, Attorney will first and foremost communicate with the Board, Mayor and Manager about legal issues of concern to the City of Mount Airy. Iti isunderstood and agreed that the Attorney will prepare for and attend all regular and: special meetings of the Board of Commissioners, and all regular work sessions oft the Board of Commissioners. Also, when necessary andifrequested and approved through the office oft the City Manager, Attorney will attend works sessions and regular meetings of the public bodies appointed by the City, including but not limited to the Board of Adjustment, Planning Board, Cemetery Board, Historic! Preservation, TDA and thel like. Upon request, subject to reasonable availability, Attorney will attend any other local meetings, regional or State Itis recognized that the role of city attorney is unlike private practice. A city attorney must be accessible to the City Manager and Board at all times because thel Manager and the Board members are on call 24/7.1 The city attorney willl be available at night and on weekends as part oft the duties of this position. Tot this end, Attorney shall provide a cell phone at Attorney-s own expense and other  client is the Board, and Attorney's first duty of loyalty is the Board.  meetings upon issues or matters of concern to the City of Mount Airy.  contact information.  Page 1 of3    Ift the Attorney is not able to attend any of the above mentioned meetings due to illness, personal vacation, etc., upon request oft the City Manager the Attorney=s firm shall send a qualified attorney asan alternate. These arrangements' for an alternate attorneys shall be agreed uponi in advancel byt the The Attorney will also participate, when requested by the Board of Commissioners or City Manager, inc dispute resolution or settlement discussions. Attorneywill review ordinances andr resolutionsprior to adoption, recommending changes when appropriate, and will draft ordinances, resolutions and Not included within the scope of services between the City and. Attorney, nor among those services that Attorney may contract with others, are those services customarlyperformed by outside bond  Attorney and the City Manager whenever possible.  other documents when requested through the office oft the City Manager.  counsel.  SECTION I: RELATIONSHIP  The Attorneyi is in business for efindsamemiwmnge the firm CAMPBELL LAW GROUP, PLLC. Attorney shall be considered an independent contractor oft the City of Mount Airy and is not eligible for any employment benefits nor covered by the City-s Personnel Policy. The Attorneyi is free to act as the legal representative for any other person or entity when doing sO will not create a The primary contacti fort the Cityregarding legal matters willl bei the City Manager. Itisunderstood by both parties that it is the desire of the Board of Commissioners that the Attorney practice law on  conflict of interest with the interests of the City of Mount Airy.  behalf of the City in a manner designed tol be preventive in nature.  SECTION Il; TERM  The City Attorney serves at the pleasure of the Board. The term of this agreement shall expire on June 30, 2025. It will thereafter be renewed on an annual basis by the Board unless terminated by either party as: set forth int this Section. Should either party wisht to terminate this Agreement for any reason they may do so by givingr - ninety (90) days written notice of theiri intention to terminate this  Agreement.  SECTION IV; COMPENSATION  For the provision of legal representation, including the associated paralegal and administrative support services normally associated with legal representation, and other legal services under this Agreement, Attorney shall be compensated ini the annual amount of $55,000 to be paid in equal monthly installments. It is the intention of the City and Attorney that the annual compensation amount shall cover the Scope of Work as described in SECTIONlabove. Itis agreed, however, that this monthly amount is at flat fee and not tied to hourly performance because the City and Attorney desire efficient performance and results on a predictable budget. Ad compensation structure based on a fixed hourly rate creates inefficiencies of work and uncertainty in the City budget. Attorney will provide a full annual review oft the services which  have been performed upon request.  Page 2 of3    For additional services provided to the City in cases ofl litigation or similarly complex matters, the City agrees to pay to the Attorney the hourly rate of $150.00 for such services, upon presentation to the City of an invoice describing the services provided, the provider, the applicable hourly rate, and the amount of time spent by the provider on each particular task. Before commencing work on any such complex matter, however, Attorney will obtain pre-approval from the City Manager and provide a written estimate of the anticipated time involved and potential costs. There may be a case where the true complexity or the manpower required does not reveal itself until later in the process. In the event that there is a substantial change in the underlying assumptions or circumstances both of us used to come to the agreed upon fee, we will work together to revise the fee to remedy any unfairness. A written change order will be submitted and approved by the Ina addition, the City agrees to pay annually two-thirds (1/3) the actual costs and expenses or $2,000, whichever is less, for Attorney to be a member of the North Carolina Municipal Attorney's Association (the AAssociation@) and for Attorney to attend continuing legal education courses related to municipal law sponsored by the Association or the North Carolina School of Government. These courses will be approved in advance by the City Manager and charged to the  City Manager in advance.  City on the Attorney-s next monthly invoice.  For the City of Mount Airy  By:  Jon Cawley, Mayor  Attest: City Clerk  For Attorney: Campbell Law Group, PLLC  By:  Hugh B. Campbell, Ill, Attorney  This instrument has been pre-audited in the manner required by the Local Government Budget  and Fiscal Control Act. City Finance Director  Page 3 of3