MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF SANFORD, NORTH CAROLINA  The City Council met at the Sanford Municipal Center, 225 E. Weatherspoon Street, on Tuesday,  April 2, 2024, at 5:00 p.m., in the Council Chambers. The following people were present:  Mayor Rebecca WyhofSalmon Council Member Byron Buckels Council Member Walter Ferguson Council Member Charles Taylor City Manager Hal Hegwer City Clerk Bonnie Davis CALLTOORDER Pledge of Allegiance was recited. PUBLIC COMMENT (Exhibit A)  Mayor Pro Tem Mark Akinosho Council Member Jean Dabbs Council Member Linda Rhodes Council Member James Williams City Attorney Susan Patterson Deputy City Clerk Vicki Cannady  Mayor Salmon called the meeting to order. Council Member Buckels led the invocation and the  Lee County Board ofCommissioner Chairman Kirk Smith presented aj proclamation celebrating David Poindexter, 1089 Deep River Road, Sanford, North Carolina, addressed Council ini regards to noise coming from the Liberty Tire facility located on Enterprise Park Drive in Industrial Park, Sanford, North Carolina. He stated that the vibration coming from Liberty Tire causes the windows in his house to vibrate and the noise is affecting his sleep. He asked Council for assistance in reaching  the City of Sanford's 150th Anniversary. (Exhibit B)  some type oft resolution to this issue.  Susan Vartoukian, 101 Wendy Lane, Sanford, North Carolina, spoke in regards to the noise created by thel Liberty Tire facility located onl Enterprise Park Drive, Sanford, North Carolina. She stated that the humming and vibration coming from this plant is very loud and continuous twenty-four hours per day, which is causing stress and anxiety inl her home, as well as throughout the community. She said her family is unable to enjoy their family room or the backyard due to the extremely loud humming and vibrating noise. Mrs. Vartoukian invited Council to come to her home to witness the effects ofthis issue  that the neighborhood is experiencing. APPROVALOF AGENDA  Mayor Salmon requested that two items be added to the New Business agenda as Item 9-L, "Consider Memorandum of Agreement between the City of Sanford and Lee County (Fireworks at Kiwanis Family Park)" and Item 9-M, "Closed Session." Council Member Ferguson made a motion to approve the agenda as amended. Seconded by Council Member Rhodes, the motion carried  unanimously. CONSENT AGENDA  There were no items on the consent agenda.  SPECIAL AGENDA (Exhibit C)  Proclamation Proclaiming April 2024 in Sanford, North Carolina, as Fair Housing Month (Exhibit B) Mayor Salmon read the proclamation proclaiming April 2024, asl Fair Housing Month in Sanford,  North Carolina.    City Council Meeting April2,2024  REGULARA AGENDA NEW BUSINESS Party (Exhibit D)  There were no items on the regular agenda.  Resolution in Support ofthe Temporary Closure of Streets for the Purpose oft the 2024 Sanford Block Parks Administrator Nick Fortune explained that if approved by Council, the temporary closure ofstreets will take place on Saturday, April 27, 2024, between the hours of7:30 a.m. and 4:00 a.m. for  the purpose ofthe 2024 Sanford Block Party.  Council Member Rhodes made a motion to approve the Resolution in Support oft the Temporary Closure of Streets for the Purpose of the 2024 Sanford Block Party. Seconded by Council Member  Dabbs, the motion carried unanimously.  Ordinance Amending the Annual Operating Budget - Engineering(Exhibit E)  Assistant City Manager Beth Kelly explained that this ordinance will add $11,250 into the Engineering Department to fill the Director of Engineering position and it will be appropriated out of  Retained Earnings.  Council Member Buckels made a motion to approve the Ordinance Amending the Annual Operating Budget - Engineering. Seconded by Mayor Pro Tem Akinosho, the motion carried  unanimously.  Extension of Banking Services Contract (Exhibit] F)  Assistant City Manager Beth Kelly explained that First Citizens Bank (FCB) was awarded the City's banking services bid in 2019, and they have agreed to extend our existing contract, without  change, through February 28, 2025.  Council Member Taylor made a motion to approve the Extension of Banking Services Contract.  Seconded by Council Member Dabbs, the motion carried unanimously.  Ordinance Amending the Annual Operating Budget - Community Development (Exhibit G) Assistant City Manager Beth Kelly explained that this amendment will appropriate $2,255 of Fund Balance to Community Development in order to allow financial assistance to Bread of Life for  emergency shelter services.  Council Member Taylor asked Beth Kelly how the Bread of Life prevailed during the coldest winter months. Mrs. Kelly explained that there was an increase in the number of nights of operation due to the weather this year compared to last year. Because the number of nights of operation could not be determined at the time the FY 2023-2024 budget was prepared, the cost estimate was based on the previous year expenses. She added that the Bread ofLife Emergency Shelter Service has closed for the  year, sO there will be no need for further funding for this service in this fiscal year.  Mayor Pro Tem Akinosho made a motion to approve the Ordinance Amending the Annual Operating Budget - Community Development. Seconded by Council Member Rhodes, the motion  carried unanimously.  2    City Council Meeting Apri! 2, 2024  Amendment #2 to Agreement for Services - Bread ofLife Ministries of Sanford, Inc. (Exhibit H) Assistant City Manager Beth Kelly presented Amendment #2 to the Bread of Life Ministries Council Member Dabbs made a motion to approve Amendment #2 to Agreement for Services - Bread ofLife Ministries of Sanford, Inc. Seconded by Council Member Ferguson, the motion carried  Agreement for Services as described in Exhibit H.  unanimously.  Ordinance Amending the Annual Operating Budget - Fire Annexations (ExhibitI)  Assistant City Manager Beth Kelly explained that this amendment will appropriate $98,945 to the Fire Department out ofl Fund Balance. This appropriation will pay the required annexation liabilities  to the rural fire departments for the last several years.  Council Member Ferguson made a motion to approve the Ordinance Amending the Annual Operating Budget - Fire Annexations. Seconded by Mayor Pro Tem Akinosho, the motion carried Internal Control Policy: Coronavirus State and Local Fiscal Recovery Funds-"ARP/CSLFRE Award" Assistant City Manager Beth Kelly explained that the American Rescue Plan Act (ARPA) requires the City of Sanford to update and adopt its Internal Control Policy for the ARPA requirements related to the Coronavirus State and Local Fiscal Recovery Funds to make sure we are incorporating all oft the requirements for expenditures. The ARPA funds that the City of Sanford received from the State  unanimously. (Exhibit J)  ofNorth Carolina, are being utilized for water and sewer projects.  Council Member Rhodes made a motion to approve the Internal Control Policy: Coronavirus State and Local Fiscal Recovery Funds - "ARP/CSLFRF Award." Seconded by Council Member Resolution for Property Management Related to the Expenditure of American Rescue Plan Act Assistant City Manager Beth Kelly explained that thisi isa a continuation ofr requirements forj policy updates related to the American Rescue Plan Act Coronavirus State and Local Fiscal Recovery Funds. This resolution addressed the fact that the City of Sanford understands that there are rules and regulations  Dabbs, the motion carried unanimously.  Coronavirus State and Local Fiscal Recovery Funds (Exhibit K)  that must be followed when purchasing property using ARPA funds.  Council Member Buckels made a motion to approve the Resolution for Property Management Related to the Expenditure of American Rescue Plan Act Coronavirus State and Local Fiscal Recovery Professional Services Agreement with Freese and Nichols, Inc. - Carr Creek Lift Station Improvements Utilities and Engineering Director Paul Weeks explained that the City of Sanford previously entered into an agreement with the developers of Ashby Village. Ashby Village requested a guarantee ofdownstream sewer capacity before they proceeded with construction. They paid the City of Sanford anon-refundable fee ofapproximately $185,000 to guarantee this capacity for approximately five years. The proposed professional services agreement with Freese and Nichols, Inc. is the first step in the requirements of the agreement with the developers of Ashby Village for design work. The Professional  Funds. Seconded by Council Member Rhodes, the motion carried unanimously.  (Exhibit] L)  Services Agreement with Freese and Nichols, Inc. is in the amount of $204,660.  3    City Council Meeting April2,2024  Council Member Dabbs made a motion to approve the Professional Services Agreement with Freese and Nichols, Inc. - Carr Creek Lift Station Improvements. Seconded by Mayor Pro Tem Resolution by the City Council oft the City of Sanford - Acceptance of] Funding for the Water Treatment Utilities and Engineering Director Paul Weeks explained that the City of Sanford was awarded direct appropriations for the water treatment plant expansion in 2021-2022. The proposed resolution is  Akinosho, the motion carried unanimously.  Plant Expansion SRP-D-ARP-0344/SRP-P-ARP-0003 (Exhibit M) for acceptance ofthis funding in the amount of$16,470,522.  Council Member Rhodes made a motion to approve the Resolution by the City Council of the City of Sanford - Acceptance of Funding for the Water Treatment Plant Expansion SRP-D-ARP- 034A5RP-D-ARP-000. Seconded by Council Member Ferguson, the motion carried unanimously. Ordinance Establishing Speed Limit in All New Residential Subdivisions in the City Limits of Sanford City Attorney Susan Patterson explained that the proposed ordinance regulates the speed limit in all new subdivisions at 25 miles per hour (mph), which will eliminate the need to return to Council for an ordinance for every new: subdivision that wishes to set the speed limit. Currently, state law states that unless otherwise posted, the speed limit is 35 mph within the City limits. This ordinance will regulate the speed limit to 25 mph on all City streets within new residential subdivisions and staff will erect  (Exhibit] N)  appropriate signs giving notice oft the established speed limit.  Mayor Pro Tem Akinosho asked if there had been a study conducted that makes the 25 mph speed limit necessary. City Manager Hegwer commented that there have been a lot of existing subdivisions that have requested that the City change the speed limit to 25 mph. This ordinance would eliminate having to make changes to speed limits in the future. Council Member Taylor stated that 25 mph within the new subdivisions, which have greater density, would be safer for pedestrians. Several Council Members agreed that due to increased density in new residential subdivisions, a 25-mph speed limit would be appropriate. Mayor Pro Tem Akinosho felt that staff should review the speed limits in existing neighborhoods to determine ifa all residential neighborhoods should have 25 mph speed limits. Council Member Rhodes made a motion to approve the Ordinance Establishing Speed Limit in All new residential subdivision in the City Limits of Sanford. Seconded by Council Member Buckels, Memorandum ofAgreement! between the City ofSanford and Lee County - Fireworksat) Kiwanis Family Parks Administrator Nick Fortune reviewed the Memorandum of Agreement between the City of Sanford and Lee County for use of a portion of the County's owned park to discharge fireworks for  the motion carried unanimously.  Park (Exhibit O) the July 4th celebration.  Council Member Dabbs made a motion to approve the Memorandum of Agreement between the City of Sanford and Lee County - Fireworks at Kiwanis Family Park. Seconded by Council Member  Williams, the motion carried unanimously.  Closed Session  Council Member Rhodes made a motion to go into closed session in accordance with N.C.G.S. 43.318-11(a)0), to prevent the disclosure ofinformation that is privileged or confidential pursuant to  4    City Council Meeting April 2, 2024  the law; (3), to consult with an attorney employed or retained by the public body in order to preserve the attorney-client privilege. Seconded by Council Member Ferguson, the motion carried unanimously.  Return to Regular Session  DECISIONS ON PUBLIC HEARINGS  There were: no decisions on public hearings. CASES FOR PUBLICI HEARING (held at 6:00 p.m.)  Public Hearing on Road Closure between Tax Parcels 9643-75-1765-00: and 96175.19500ReusE4  by the Martin Family, LLC (Exhibit P)  Mayor Salmon opened the public hearing.  Long-Range Planning Administrator David Montgomery presented the proposed road closure. and explained that thel Martin family has requested the closure of an unopened portion of a street between two vacant parcels as shown in Exhibit P. The Martin family is requesting this in order to combine the two adjacent parcels. Mr. Montgomery noted that if approved, the City will reserve its right, title and interest in any utility improvement or easement within the street. In addition, the City will still have access to several other unopened streets east of Hawkins Avenue, allowing future connections to those adjacent parcels as well as parcels owned by other property owners in the area. Ift the current adjacent properties were to be developed in the future, the unimproved, unopened portions of the roads between Hawkins Avenue and the parcels would need to be brought up to City standards before they are accepted. Mr. Montgomery explained that ifa developer purchases these parcels, they will have to improve this road  and' bring it up to City Standards in order to access these two parcels.  Joe Martin, residing at1313 Bickett Road, Sanford, North Carolina, and representing his family, spoke in favor of the road closure. He noted that the intent of the developer is to combine these two  parcels to make it easier to sell.  With no one else requesting to speak, Mayor Salmon closed the public hearing.  Resolution Ordering the Closing ofan Unopened Portion of Street Between Parcels 9643-75- Council Member Ferguson made a motion to approve the Resolution Ordering the Closing of an Unopened Portion of Street Between Parcels 9643-75-1765-00 and 9643-75-1395-00. Seconded by Council Member Fergurson, the motion carried unanimously.  1765-00 and 9643-75-1395-00 (Exhibit Q)  OTHER BUSINESS  Council Members congratulated Council Member Ferguson on the recent birth of his first grandson. Council Member Dabbs reminded everyone that the Sanford Market would open on April 20, 2024. Mayor Salmon encouraged everyone to attend the City of Sanford's 150th birthday celebration on Saturday, April 6, 2024, at the Fair Grounds, on Fifth Street from 10:30 a.m. until 4:00 p.m. Mayor Salmon also invited everyone to attend the Mayor's Prayer Breakfast on Thursday, May 2, 2024, at the  First Presbyterian Church, 203 Hawkins Avenue, Sanford, North Carolina.  Council reconvened to Closed Session  RETURNTO REGULAR SESSION and ADJOURNMENT  Council Member Dabbs made the motion to adjourn the meeting. Seconded by Council Member  5    City Council Meeting April2,2024  Buckels, the motion carried unanimously.  ALL EXHIBITS CONTAINED HEREIN ARE HEREBY INCORPORATED BY REFERENCE  AND MADE. A PART OF THESE MINUTES.  Respectfully Submitted, ChisL  SALMON, MAYOR  ATTEST:  omiDa BONNIE DAVIS, CITY CLERK  6