ALIS City of Salisbury North Carolina COUNCILMEETINGAGENDA February 20, 2024 6:00 p.m. The meeting will be held in a hybrid format and will be streamed live at salsbupnegovhwehcust and Anyone who wishes to. speak via Zoom during public comment must sign-p by 5:00) p.m. on February. 20, 2024 by contacting Connie Snyder at snd@salsburmegoy Citizens who wish to speak in person on the City's Facebook account. can sign up in Council Chambers. Call to order. Moment of Silence. Pledge of Allegiance. Adoption of Agenda. 1. 2. 3. 4. 5. Council to recognize the Finance Department's Budget Team for receiving the Distinguished Budget Presentation Award from the Government Finance Officers Association for the FY2024 budget and recognize Senior Accountant Crissy McBride on her designation as a Certified Local Government Finance Officer. (Presenter- Finance Director Wade. Furches) 6. Council to consider the CONSENT. AGENDA: (a) Approve Minutes ofthei regular meeting ofl February 6, 2024. (b) Adopt a budget Ordinance amendment to the FY2023-2024 budget in the amount of $4,000 (c) Adopt a budget Ordinance amendment to the FY2023-2024 budget in the amount of $8,500 (d) Adopt a budget Ordinance amendment to the FY2023-2024 budget in the amount of$10,050 toa appropriate $10,000 in grant funds from the Blanche and Julian Robertson Foundation for the 2023 BlockWork event and a $50 donation for the Dixonville Cemetery Memorial. (e) Adopt a budget Ordinance amendment to the FY2023-2024 budget in the amount of$18,480 (f) Adopt al budget Ordinance amendment to thel FY2023-2024 budget in the amount of$700,000 (g) Approvearightofway encroachment for the installation ofunderground fiber optic cable by AT&T within the rights-of-way of Statesville Boulevard and Holly Avenue per Section 11- to appropriate a donation related to the Hall Gym Recreation Program. to appropriate insurance proceeds from an accident claim at Fire Station 4. to appropriate revenue for the Public. Arts Commission. to appropriate additional property tax revenue. 24(27) oft the City Code and subject to NCDOT approval. COUNCIL MEETINGAGENDA- PAGE2-1 FEBRUARY 20, 2024 (h) Approve ai right-of-way encroachment for the installation ofunderground fiber optic cable by Conterra within the rights-of-way of West Innes Street, Mahaley Avenue, North Park Drive, Statesville Boulevard, Yost Street, and Summit Avenue per Section 11-24(27) of the City Code and subject tol NCDOT approval. () Award a contract to Martin Starnes and Associates, CPA's in the amount of $45,100 for auditing services for the fiscal year ending June 30, 2024. 0) Authorize the City Manager to execute an agreement with Dependable Development, Inc. for the Shay Crossing Phase 4 sewer infrastructure project. The developer will pay the cost of the improvements estimated to total $77,000. (k) Approve a one-year contract extension on an economic development incentive grant with Trammell Crow Company. The anticipated investment will remain the same and the new completion date will be. January 1, 2026. () Receive the Certificate of Sufficiency for the voluntary annexation of 58.07 acres located on WoodleafRoad, Tax Map 328 Parcels 050, 066 and 110 and a adopt a Resolution setting the date oft the public hearing for March 19, 2024. Freightliner M2 106 garbage truck on Govdeals.com (m) Adopt a Resolution declaring specific equipment as surplus and authorize the sale ofa 2015 Council toi receive public comment. Speakers who wish to speak via Zoom must sign-up before 5:00 p.m. by contacting Connie Snyder at campd@salisbupmegow Citizens who wish to speak in person can sign-up in Council Chambers. Citizens who are unable to speak during the meeting may submit Council to consider adopting an Ordinance amending the Land Development District Map to rezone one parcel, approximately 0.113 acres, located at the intersection of Ludwick Heights Lane and Lincolnton Road from General Residential (GR-6) and Neighborhood Mixed-Use to Neighborhood 7. written comments to the email above and they will be shared with Council. 8. Mixed-Use: (Presenter - Senior Planner Victoria Bailif) (a) Receive a presentation from staff (b) Hold aj public (c) Issue a Statement of Consistency and Statement of Reasonableness, and consider adopting Council to consider the voluntary annexation of11.0855 acres on Tax Map 407B Parcel 043 located at 285 Peach Orchard Road effective February 20, 2024: (Presenter - Planning and Neighborhoods an Ordinance rezoning the property. 9. Director Hannah. Jacobson) (b) Hold aj public (a) Receive a presentation from staff (c) Consider adopting an Ordinance annexing Tax Map 407B Parcel 043. COUNCIL MEETINGAGENDA- PAGE3-1 FEBRUARY: 20, 2024 10. Council tol hold a public hearing regarding the use of Community Development Block Grant program funds from the United States Department ofHousing and Urban Development: (Presenters - Planning and Neighborhoods Director. Hannah. Jacobson and Planner Malikia Cherubala) (a) Receive aj presentation from staff (b) Hold a public hearing. 11. Council to consider authorizing the City Manager to enter into a contract with Shelter Ministries of Rowan County in the amount of $487,247 to construct 10 units of permanent supportive housing with funds available through thel HOME-ARP Program. Presenter-I Planning andl Neighborhoods Director Council to consider approving the first reading of Ordinance revisions related to panhandling. Council to receive an update on the Downtown Parking Pilot Program and to consider approving an additional year of the program and additional parking spaces to lease. (Presenter Downtown Council to receive a presentation regarding the status of219 East Innes Street and the pink granite Council to receive an update on the RoCo Alerts Notification System. (Presenter Communications Hannah. Jacobson) 12. 13. (Presenter- - City Attorney Graham Corriher) Development Director Sada Troutman) 14. 15. 16. material. (Presenter Planning and Neighborhoods Director Hannah. Jacobson) Director Linda McElroy) CityAttorney's) Report. 17. CityManager's Report. (a) Council to receive un update on Microtransit. 18. 19. 20. Council's Comments. Mayor Pro Tem's Comments. MayorsAmmouncemems and Comments. (a) The Community Appearance Commission invites Salisbury neighborhoods to apply for a Neighborhood Beautification Grant. Selected neighborhood will receive funding to support mpememingamdplbvdaoad improvement project. The maximum award is $2,500. There is no fee to apply and grant applications will be accepted through Friday, March 1, 2024. For additional information please call (704) 638-5235. (b) The Salisbury Youth Council will partner with the Police Department to host a Cultivating Community Conversation for local youth on Tuesday, February 27th at 5:00 p.m. at City Park Recreation Center. Local businesses are invited to attend a second Cultivating Community Conversation Thursday, February 28th at 8:30 a.m. at the Salisbury Police Department. For additional information please call (704)638-5218. 21. Adjourn. Salisbury City Council Agenda Item Request Form Please Select Submission Category: Public Council Manager X Staff Requested Council Meeting Date: February 20, 2024 Name ofGroup(s) or Individual(s) Making Request: Finance Director Wade Furches Name of Presenter(s): Finance Director Wade Furches Requested Agenda Item: 1. Council to: recognize the Finance Department's Budget Team for receiving the Distinguished Budget Presentation Award from the Government Finance Officers Association (GFOA) for the FY24 budget. 2. Council to recognize Crissy McBride, Senior Accountant, on her designation as a North Carolina Local Government Finance Officer. Description of Requested Agenda Item: 1. The City's budget staff! has received thel Distinguished Budget Presentation Award from the GFOA for the 32nd consecutive year. The City Budget document received a grade of Proficient or Outstanding on all 18 grading criteria from all 3 reviewers. This award is the highest form ofi recognition in governmental budgeting. We would like to honor Budget Manager Tracey Keyes, Finance Manager Mark Drye, and 2. The North Carolina Government Finance Officers Association sponsors the NC Finance Officers Certification Program. Certification is achieved through a combination of professional experience, continuing education requirements, and successful completion of four examinations in the public finance field: Governmental Accounting, Financial Planning and Budgeting, Cash Management and Investments, and Financial Management. Crissy McBride, Senior Accountant, has successfully completed all 4 oft these examinations and will be receiving her Certified Local Governmental Finance Officer designation next week at the NCGFOA Spring Conference. Shel becomes the third City Finance employee to receive this Budget Analyst Kaley Sink for the receipt ofthis award. designation. Attachments: Yes X No Fiscal Note: (ffiscal note requires approval by finance department because item exceeds $100,000 ori is related tog grant! funds, please fill out signature Action Requested of Council for Agenda Item: (Please note ifitemi includes an ordinance, resolution or petition) blocks forf finance at bottom ofform and provide supporting documents) Contact Information for Group or Individual: Consent Agenda (item requires no discussion and will be voted on by Council or removed from the consent agenda to the regular agenda) Salisbury City Council Agenda Item Request Form Regular Agenda (item tol be discussed and possibly voted on by Council) FINANCE DEPARTMENT INFORMATION: SWadefuehas Department Head Signature Finance Manager Signature Budget Manager Signature For Use in Clerk's Office Only ****AIl agenda items must be submitted at least 7 days before the requested Council meeting date*** - Approved Reason: Delayed Declined Salisbury, North Carolina February 6, 2024 REGULAR MEETING PRESENT: Mayor Karen K. Alexander, Presiding; Mayor Pro Tem Tamara Sheffield, Council Members Harry McLaughlin, David Post, and Anthony Smith; City Manager Jim Greene, Jr., City Clerk Connie B. Snyder; and City Attorney J. Graham Corriher. ABSENT: None. Salisbury City Council met in Council Chambers in City Hall located at 217 South Main Street. The meeting was called to order by Mayor Alexander at 4:00 p.m. A moment of silence was taken. PLEDGE OF ALLEGIANCE Mayor Alexander led participants in the Pledge of Allegiance to the United States flag. ADOPTIONOFTHE AGENDA Thereupon, Councilmember Post made a motion to adopt the Agenda as presented. Mayor Alexander, Mayor Pro Tem Sheffield, and Councilmembers McLaughlin, Post and Smith voted AYE. (5-0) RECOGNITION: - POLICE DEPARTMENT PROMOTIONS Police Chief Patrick Smith addressed Council regarding recent promotions within the Police Department. The following people were promoted from Sergeant to Lieutenant: Jennifer Moreau, Brandon Casper and Jeremy Hill; and from Lieutenant to Major. Justin Crews and Corey Brooks. Salisbury City Council February 6, 2024 Page Chief Smith presented an award to Major Brooks from the FBI Academy recognizing his Council congratulated Police Department staff on their recent promotions and thanked heroic actions when he pulled a truck driver to safety. them for all they do for the City. PROCLAMATIONS Mayor to proclaim the following observances: AFRICAN AMERICAN HISTORY MONTH HUMAN RELATIONS MONTH February 2024 February 2024 CONSENT AGENDA (a) Minutes Approve Minutes oft the special and regular meetings of January 16, 2024 and the special meeting ofJanuary 30, 2024. (b) Budget Ordinance Amendment - Parks and Recreation Donation Adopt al budget Ordinance amendment tot the FY2023-2024 budget in the amount of$2,000 to appropriate a donation tol help with expenses related to the Bell Tower Green Christmas Tree. ORDINANCE AMENDING THE 2023-20245 BUDGET ORDINANCE OF THE CITY OF SALISBURY, NORTH CAROLINA TO APPROPRIATE A PARKS AND RECREATION (The above Ordinance is recorded in full in Ordinance Book No. 32 at Page No. 16, and is known DONATION. as Ordinance 2024-05.) (c) Budget Ordinance Amendment - Police Department Adopt a budget Ordinance amendment to the FY2023-2024 budget in the amount of $25,000 to appropriate grant funds from the North Carolina Governor's Highway Safety Program ORDINANCE AMENDING THE 2023-2024 BUDGET ORDINANCE OF THE CITY OF SALISBURY, NORTHCAROLINATOAPPROPRIATENCGOVERNOR'S, HIGHWAY: SAFETY (The above Ordinance is recorded in full in Ordinance Book No. 32 at Page No. 17, and is known for traffic safety efforts. PROGRAM GRANT. as Ordinance 2024-06.) Salisbury City Council February 6, 2024 Page 2 (d) Budget Ordinance Amendment Police Department Adopt a budget Ordinance amendment to thel FY2023-2024 budget in the amount of51,500 to appropriate grant funds from Rowan County United Way for an opioid response initiative. ORDINANCE AMENDING THE 2023-2024 BUDGET ORDINANCE OF THE CITY OF SALISBURY, NORTH CAROLINA TO APPROPRIATE A UNITED WAY COMMUNITY (The above Ordinance is recorded in full in Ordinance Book No. 32 at Page No. 18, and is known IMPACT GRATN. as Ordinance 2024-07.) (e) Right-of-Way Encroachment - AT&T Approve ai right-of-way encroachment for the installation of underground fiber optic cable by AT&T within the right-of-way of West Henderson Street at North Jackson Street per Section 11-24(27) oft the City Code. (f) Right-of-Way Encroachment - Spectrum Approve a right-of-way encroachment for the installation of underground facilities by Spectrum within the rights-of-way of Troon Drive, Wilson Lane, Collins Court, and Langston Avenue per Section 11-24(27) ofthe City Code. (g) Amendment tol Easement Agreement Authorize the City Manager to execute, Amendment No. 1 in the amount of$12,000 to an Easement Agreement with the property owner adjacent tol Fire Station 3. (h) Resolutions Adopt a Resolution Establishing Rules of Procedure for Public Comment Periods and a Resolution to Approve the Policy and Procedure for Electronic Meetings oft the City Council. RESOLUTION ESTABLISHING RULES OF PROCEDURE FOR PUBLIC COMMENT (The above Resolution is recorded in full in Resolution Book No. 17 at Page No.7, and is known RESOLUTION TO APPROVE THE POLICY AND PROCEDURE FOR ELECTRONIC (The above Resolution is recorded in full in Resolution Book No. 17 at Page No.8, and is known PERIODS. as Resolution 2024-06.) MEETINGS OF THE SALISBURY CITY COUNCIL. as Resolution 2024-07.) Salisbury City Council February 6, 2024 Page3 (i) Parking Restriction - West Bank Street Adopt an Ordinance amending Chapter 13, Article X, Section 13-338 ofthe City Code for the addition ofaj parking restriction on the north side oft the 400 block of] East Bank Street. ORDINANCE AMENDING CHAPTER 13, ARTICLE X, OF THE CODE OF THE CITY OF (The above Ordinance is recorded in full in Ordinance Book No. 32 at Page No. 19, and is known SALISBURY, RELATIONG TO: PARKING. as Ordinance 2024-08.) Thereupon, Councilmember Post made a motion to adopt the Consent Agenda as presented. Mayor Alexander, Mayor Pro Tem Sheffield, and Councilmembers McLaughlin, Post and Smith voted AYE. (5-0) PUBLICCOMMENT Mayor Alexander opened the floor to receive public comments. Mr. Acey Wothy addressed Council regarding the displacement ofal historical building at 201 East Innes Street. He noted the Bogle Firm requested the City's permission to relocate the building to a lot on Innes Street where it sits as aj pile of granite stone behind a chain link fence. There being no one else to address Council, Mayor Alexander closed the public comment session. PANHANDLING City. Attorney Graham Corriher addressed Council regarding revisions to the ordinances related to panhandling, and he noted the City's prior Ordinance was repealed. He added citizens have complained about panhandling which raises public safety concerns. Mr. Corriher stated panhandling is legal and protected under the Constitution as a form of free speech, however governments can regulate speech by adopting and enforcing reasonable time, place, and manner restrictions. He explained restrictions must be content-neutral, serve a significant governmental interest, and leave alternative ways to communicate openly. He noted the proposed Ordinance would allow panhandling while imposing regulations related to: Time - cannot panhandle after dark Manner cannot aggressively panhandle Place- cannot panhandle in areas where there arei reasonable safety or privacy concerns or in areas where there are reasonable public safety concerns like high-traffic roads Salisbury City Council February 6, 2024 Page 4 Mr. Corriher: stated under thet time regulation, panhandling would bej prohibited everywhere after dark, meaning the time between one-half hour after sunset and one-halfhour before sunrise which is determined by the United States Naval Observatory. He explained manner regulations defined in the Ordinance as aggressive public solicitation, begging or panhandling is prohibited and means panhandling plus conduct: Causing fear ofbodily harm Touching without consent Using obscene or abusive language Continuing after person says no Blocking someone's way Other conduct that a reasonable person would regard as threatening or intimidating Mr. Corriher stated place regulations prohibit panhandling in the following areas: Within twenty feet ofa an ATM or bank Bus stop, transit facility or transit vehicle Sidewalk café during operating hours Ap person waiting in line to enter any building An nursery, daycare, or school Within ten feet of: Any other location which could give a reasonable person ai reasonable, fear forj personal Mr. Corriher stated place regulations also include unlawful activity in or near high-traffic Only applies on or near, within 100 feet, of] high-traffic or high collision roads High traffic means greater than 10,000 cars per day according to thel North Carolina security or privacy orl high-collision roads: Department of Transportation (NCDOT) map High collision means top 10 intersections for collisions All but two are also high traffic Mr. Corriher displayed a map ofhigh-traffic and high-collision roads. Police ChiefPatrick Smith explained staffidentified the top 10 high-traffic and high-collision intersections in the City, and eight were selected as the most dangerous regarding traffic crashes and pedestrians struck. He stated that after identifying the top eight intersections, the Police Department looked to see if panhandling occurred. Mayor Alexander asked for clarification on the high-traffic areas. Mr. Corriher noted the high-traffic areas include Statesville Boulevard, Brenner Avenue, Mooresville Road, Jake Alexander Boulevard, Julian Road, Main Street and Innes Street. Mayor Alexander asked if signage that restricts panhandling will be placed in the high- traffic areas. Chief Smith indicated high-traffic areas would be ideal for signage to educate motorists. Mr. Corriher noted that Ordinance restrictions would be placed in the identified high- traffic areas. He explained citizens are prohibited from standing on a median on any identified high-traffic road. He stated citizens are also prohibited from standing within 100 feet oft the road. Salisbury City Council February 6, 2024 Page 5 He explained place Ordinance regulations prohibits anyone from standing on a median for any reason except when actively crossing the road and prohibits exchanging or attempting to exchange anything with an occupant ofa vehicle. Mr. Corriher reviewed proposed changes to Chapter 22 Section 5 oft the City Code which prohibits blocking a street or sidewalk. Mr. Corriher noted the Ordinance removed references to prohibitionoP"congregating'amd-oieting on sidewalks because constitutional issues. Henoted the Ordinance defines "blocking" as interfering with clearance required by ADA guidelines. Councilmember Post asked if other municipalities enforce the 10-foot rule regarding panhandling place regulations. Mr. Corriher noted the 10-foot rule is standard across municipalities. Councilmember Smith thanked Mr. Corriher his work to revise the Ordinance. Chief Smith addressed Council regarding the enforcement of the Ordinance: First offense - a written warning with no fee or court appearance. Second offense - state citation with no arrest but an actual criminal charge Third offense arrested and taken before magistrate ChiefSmith explainedifal homeless person who is panhandlingreceives: a written warning, the City's Homeless Liaison will reach out to see ift the Police Department can provide resources. Mr. Corriher reviewed non-regulatory signage the City could implement that would educate and notify the public that it is okay to say no to panhandling. He explained the signage would not be related to the Ordinance. He stated the signs would be placed around the City especially in high-traffic areas and would be available for the private sector to purchase at a cost of$60: for a sign and $45 for a sign post. Mayor Alexander asked if private property owners can enforce trespassing laws for panhandling on their property. Mr. Corriher noted private property owners can place regulations ont their property. He stated private property owners can work with the Police Department to create Trespassing Agreements. Chief Smith indicated the Police Department recommends placing the educational signs near the eight majorintersections duej public safety concerns. Henoted staffwould like toj purchase 50: signs, and he pointed out installing the signage in high-traffic areas would require 32 signs and the additional signs would be available to the private sector for purchase. Mayor Alexander asked if Council has to adopt the Ordinance before staff can place the educational signs around the City. Mr. Corriher clarified the signs arei not related to the Ordinance. Mr. Greene noted the signage fees can be brought to Council for approval. He added with Council's permission staff could move forward with installing the signs in the public rights-of- way. Mr. Greene noted the estimated total cost would be around $5,000. Salisbury City Council February 6, 2024 Page 6 Mr. Corriher explained the next steps in adopting the Ordinance revisions, and he noted sincei iti includes criminal enforcement the request must bel brought to Council overtwo consecutive meetings. By consensus, Council agreed to bring the ordinance request back to its February 20, 2024 meeting. Councilmember Post stated panhandling takes place at the intersection of I-85 and Innes Street, and he asked ift the signage could be placed on both sides of the intersection. Chief Smith stated NCDOT has no trespassing signs in the area and the Police Department can enforce those regulations. EQUIPMENT PURCHASE City Manager Jim Greene thanked staff for working together to find needed equipment, and he noted the first request would use General Fund Balance and the second request would use Salisbury-Rowan Utilities (SRU) Fund Balance. Transportation Director Wendy Brindle noted the Transportation Department is responsible for the maintenance of91 signalized intersections, 142 street and parking lot lights in the downtown area, the installation of various flags and banners, and also maintains the festoon lighting on Fisher Street. She indicated there is often ai need for an aerial lift, and staffworks with a2 2010 and a 2017 model bucket trucks. She indicated in recent years both trucks have required numerous repairs, and she pointed out a bucket truck was rented to replace the mast arm on Innes and Church Streets. She commented the 2017 bucket truck has been out of service for about a month and al F-550 truck with an Altec aerial lift and amenities including a jib, ai material lift, and four-wheel drive has been located for purchase. She indicated the truck can be delivered by July 2024 if Council approves the purchase. She explained the 2010 bucket truck would roll out of stock and the 2017 truck will be kept as al backup. Utilities Director. Jim Behmer pointed out SRU: needs ai new sewer vacuum truck and jetter, and he explained the current piece of equipment needs extensive repairs and should be taken out ofservice. He pointed out both SRU and the Stormwater Department can use the truck, SRU can usei it to vacuum out wet wells and jet sewers and Stormwater can use: for cleaning out stormwater culverts. Thereupon, Councilmember Smith made a motion to authorize the City Manager to approve the purchase of an Altec model_AT41M articulation aerial device mounted on a 2024 Ford F-550 chassis in the amount of $195,978 using General Fund Balance and the purchase of a combination sewer cleaning truck for Salisbury-Rowan Utilities at a total cost not to exceed $524,130. Mayor Alexander, Mayor Pro Tem Sheffield, and Councilmembers McLaughlin, Post and Smith voted AYE. (5-0) Thereupon, Councilmember Smith made a motion to adopt an Ordinance amending the 2023-2024 Budget Ordinance oft the City of Salisbury, North Carolina in the amount of $524,130 to appropriate Salisbury-Rowan Utilities Fund Balance to purchase a new sewer vacuum truck. Salisbury City Council February 6, 2024 Page 7 Mayor Alexander, Mayor Pro Tem Sheffield, and Councilmembers McLaughlin, Post and Smith ORDINANCE AMENDING THE 2023-2024 BUDGET ORDINANCE OF THE CITY OF SALISBURY, NORTH CAROLINA IN THE AMOUNT OF $524,130 TO APPROPRIATE (The above Ordinance is recorded in full in Ordinance Book No. 32 at Page No. 20, and is known voted AYE. (5-0) FUND BALANCE TOI PURCHASE A NEW SEWER VACUUM TRUCK. as Ordinance 2024-09.) MAINSTREET PROJECT DESIGN Transportation Director Wendy Brindle stated the City received a grant for the construction of the Main Street Improvement Project. She explained the design is being paid for by the City and decisions are needed regarding elements such as street lighting and mast arms. She presented ar map of the lights that are owned by the City and those leased from Duke Energy along the corridor ofKerr Street and Horah Street. Shej pointed out there are 681 lights and 142 street/parking lot lights within the project limits that the City maintains along with the festoon lighting on Fisher Street. She explained the options of leasing lighting from Duke Energy or having City owned lighting: Leased lighting from Duke Energy 151 fixture styles with seven pole choices to choose from banner holders Estimated monthly fee of $2,480.68 inj perpetuity Duke Energy maintenance City-owned lighting: Hundreds of options to choose from Initial cost estimated tol be $386,940 and does not include amenities such as flag or Initial cost estimated to be $399,880 for similar lights Estimated monthly power cost average $2,167.50 City maintenance Ms. Brindle commented the electric system duct bank would need to be replaced and the consultant advised costs for the upgrade would be 20%1 higheri ifDuke Energy completed the work. She added the electric system would create an electric network behind the meter that could be used for other functions. She noted City maintenance would produce faster repair response times and staff would maintain a stock of the specific lights to be replaced. She indicated one additional employee would be needed at a cost of approximately $65,000i including salary and benefits. Ms. Brindle indicated smart technology would be an option with a City-owned system for the street lights and add-ons. Shei noted the smart system has not been priced because the consultant needs to know who will own the lighting. She asked Council to consider authorizing staff to proceed with a design to include City-owned lighting and mast arms for the Main Street Project sO the consultant knows how to proceed. Salisbury City Council February 6, 2024 Page 8 Mayor Pro Tem Sheffield noted City owned lighting would be great for downtown, and she pointed out staffwould have more control over the maintenance for better response time. Thereupon, Mayor Pro Tem Sheffield made a motion to authorize staff to proceed with a design for the Main Street Project to include City-owned lighting and mast arms. Mayor Alexander, Mayor Pro Tem Sheffield, and Councilmembers McLaughlin, Post and Smith voted AYE. (5-0) CONTRACT-CENTRALCAROLINA UNDERGROUND.INC. Salisbury-Rowan Utilities (SRU)Director. Jiml Behmer explained thei intent ofthej proposed contract with Central Carolina Underground, Inc. is to hire a licensed utility contractor to provide ac qualified four-person crew. He stated the crew would use City-owned equipment, supplies and materials to perform tasks typically completed by staff including the installation of water and sewer taps, repairs and to provide emergency responses. Mr. Behmer noted SRU has experienced high vacancy rates in its distribution and collection systems for the past two years including six current vacancies. He noted to bridge the gap, a Request for Proposal (RFP) was sent out and two qualified bids received. He requested Council consider awarding the contract for the remainder of the fiscal year to Central Carolina Underground, Inc. to assist the department until it becomes fully staffed. Councilmember Post asked if the funds would come from the SRU budget. Mr. Behmer agreed, and he noted the funds would be covered through vacancies and additional funding. Thereupon, Mayor Pro Tem Sheffield made a motion to award a contract to Central Carolina Underground, Inc. in an amount not to exceed $250,000 for utility construction crew support services for Salisbury-Rowan Utilities. Mayor Alexander, Mayor Pro Tem Sheffield, and Councilmembers McLaughlin, Post and Smith voted AYE. (5-0) CITY ATTORNEY'S REPORT City Attorney Graham Corriher addressed Council regarding a proposed revision to the City Manager's contracting authority Resolution to increase the limit from $100,000 to $1 million in emergency situations as described in the Resolution and to include purchasing equipment. He explained unless a seller accepts a letter ofi intent toj purchase, the seller would keep the item open which could cause the City to lose the item and have to pay substantially more for another item. He added there is an obligation for Council to bei informed oft the purchase. Councilmember Post asked ift the Resolution increases the limit due to the availability of purchasing apparatus, supplies, materials or equipment. Mr. Corriher agreed, and he said it is not for any contract, but this would be for level of urgency or time constraints that come with the purchase ofequipment. Mr. Post askedifthere: needs tol be a cosigner on1 the contract. Mr. Corriher Salisbury City Council February 6, 2024 Page 9 noted a co-signer is not required., and he explained the purchase must be pre-audited by the Finance Department. Councilmember McLaughlin asked ifN Mayor AlexanderofCouncil could be notified before the contract is signed. Mr. Corriher noted that can be added to the Resolution. Councilmember Post pointed out the Resolution will allow staff to act quickly toi reserve equipment. Mr. Corriher agreed, and he indicated if a letter of intent will not work a signed contract is needed to hold equipment proposed for purchase. City Manager Jim Greene noted his intent is to put the items on the Agenda for Council's approval and this authority would be rarely used. He reminded Council of the fire truck the City did not get to purchase, and he explained Council asked how the loss could be prevented. Mayor Alexander commented she likes the idea of notifying all of Council. Mr. Greene stated he will notify Council if the need arises, and he thanked Council for its feedback. Mr. Corriher noted he will amend the Resolution to include prior notice to Council. Thereupon, Councilmember Post made a motion to adopt a Resolution regarding City Manager contracting authority subject to notifications to City Council prior to purchase. Mayor Alexander, Mayor Pro Tem Sheffield, and Councilmembers McLaughlin, Post and Smith voted RESOLUTION REGARDING CITY MANAGER CONTRACTING AUTHORITY. (The above Resolution is recorded in full in Resolution Book No. 17 at Page No.9, and is known AYE. (5-0) as Resolution 2024-08.) CITYN MANAGER'S COMMENTS City Manager Jim Greene stated the update on Microtransit by Deputy City Manager Richard White willl bej postponed. He noted public comment there were questions regardingap pink granite building that was removed. He added staff will provide an update to Council at its next meeting. COUNCILCOMMENTS Council had no further comments. MAYOR PROTEM'S COMMENTS Mayor Pro Tem Sheffield congratulated Officer Jacob Easler who was awarded the Salisbury Rotary Veterans Police Officer award last week. She thanked him for his hard work. Police ChiefPatrick Smith noted Young Officer oft the Year was awarded to Officer Azende King. Salisbury City Council February 6, 2024 Page 10 MAYOR'S. ANNOUNCEMENTSAND COMMENTS (a) Neighborhood Beatification Grant Mayor Alexander announced the Community Appearance Commission invites Salisbury neighborhoods to apply for a Neighborhood Beautification Grant. Selected neighborhood will receive funding to support implementing a neighborhood improvement project. The maximum award is $2,500. There is no fee to apply and grant applications willl be accepted through Friday, March 1, 2024. For additional information please call (704)638-5235. ADJOURNMENT Motion to adjourn the meeting was made by Councilmember Post. Mayor Alexander, Mayor Pro Tem Sheffield and Councilmembers McLaughlin, Post and Smith voted AYE. (5-0) The meeting was adjourned at 5:57 p.m. Karen Alexander, Mayor Connie B. Snyder, City Clerk Salisbury City Council February 6, 2024 Page 11 Salisbury City Council Agenda Item Request Form Please Select Submission Category: Public Council Manager Staff Requested Council Meeting Date: February 20, 2024 Name of Group(s) or Individual(s) Making Request: Salisbury Parks and Recreation Department Name of] Presenter(s): Richard White Requested Agenda Item: Adopt al Budget ORDINANCE Amendment Appropriating a Parks &1 Recreation donation/sponsorship to the FY2023-2024 budget for $4000.00 to help with expenses related tot the Hall Gym Description of Requested Agenda Item. The City has received a donation/sponsorship of $4000.00 for expenses related tot the Hall Gym Recreation Programs. NC General Statutes require that the City appropriate Recreation Programs. these revenues sO that they can be legally spent. Fiscal Note: (Iffiscal note requires approval by thej finance department because thei item exceeds SI00,000 oris relatedi tos grant funds, please) fill out Action Requested of Council for Agenda Item: Adopt a Budget Ordinance amending the FY2023-2024 Budget in the General Fund of$4000.00 for additional revenue. (Please note ifthe itemi includes an ordinance, resolution, orl petition). signature blocks for finance at the bottom oft the form and provide supporting documents) Contact Information for Group or Individual: Richard White 704-216-7355. BC Consent Agenda (item requires no discussion and will be voted on by Council or removed from the consent agenda to the regular agenda) Regular Agenda (item to be discussed and possibly voted on by Council) FINANCE. DEPARTMENT) INFORMATION: Mpas Financel Manager Signature Budget E7 aus Signature *#**AIL agenda items must be submitted at least 7 days before the requested Council meeting date*** For Use in Clerk's Office Only AN ORDINANCE AMENDING THE: 2023-2024 BUDGET ORDINANCE OFTHE CITY OF SALISBURY, NORTH CAROLINA TO APPROPRIATE PARKS AND RECREATION DONATION Bei it ordained by the City Council oft the City of Salisbury, North Carolina, as follows: Section 1. The City has received a ponsorship/donation in the amount of $4,000.00 for expenses related to the Hall Gym Recreation Programs. NC General Statutes require that the City appropriate this revenue sO that it can be legally spent. Section 2. That the 2023-24 Budget Ordinance ofthe City of Salisbury, adopted on. June 20,2023 is hereby amended as follows: (a) That the following General Fund line items be amended as follows: (1) Increase line item 010-621-606-5131.05 Hall Gym Recreation Programs $4,000.00 (2) Increase line item 010-000-000-4515.04 Recreation Grants and Donations $4.000.00 Section 3. That all ordinances, or parts of ordinançes in conflict with this ordinance are Section 4. That this ordinance shall be effective from and after its passage. hereby repealed tot the extent ofs such conflict. Salisbury City Council Agenda Item Request Form Please SelectSubmission Category: Public Council Manager K StaffRequested Council Meeting Date: February 20, 2024 Name of Growpb)erindividulo, Making Request: Salisbury Fire Department Name ofPresenter/(s): R. Parnell, Chief, Fire Department Requested Agenda Item: Appropriation of $8,500. Insurance Claim Proceeds associated repairs. Insurance proceeds $8,500.00 to reimburse for repairs made. Description of] Requested Agenda Item: Insurance claim for accidentinvolving: Fire Station 41 bay door and Attachments: Ordinance Amending the 2023-24 Budget Ordinance oft the City of Salisbury, NC, to appropriate Fiscal Note: (Iffiscal note requires approval byj finance department becausei item exceeds $100,000 ori is related tog grantj funds, please fill out Action Requested of Council for Agenda Item: Adopt al Budget Ordinance Amendment to thel FY2023-2024 budget in the amount of$8,500 to appropriate insurance proceeds from an accident claim at Fire Station 4. insurance claim proceeds. signature blocks forf finance atb bottom off form and provides supporting documents) Contact Information for Group or Individual: R. A. Parnell, Fire Chief XX Consent Agenda(item requires no discussion and will be voted on by Council or removed from the consent agenda tot the regular agenda) Regular Agenda (item to be discussed and possibly voted on by Council) INFORMATION: MNSR BEEIMENTI - Financel Manager Signature 7aceyKeyps Budget Manager Signature PhBmlQ Department Head Signature ****All agenda items must be submitted at least 7 days before the requested Council meeting date*** For Usei in Clerk's Office Only AN ORDINANCE AMENDING THE 2023-2024 BUDGET ORDINANCE OF THE CITY OF SALISBURY, NORTH CAROLINA TO APPROPRIATE INSURANCE CLAIM: PROCEEDS FOR FIRE STATION4 Be it ordained by the City Council of the City of Salisbury, North Carolina, as follows: Section 1. Appropriate insurance claim proceeds received forl Fire Station 4 bay door repairs. Section 2. That the 2023-2024 Budget Ordinance ofthe City of Salisbury, adopted on June 20, 2023, isl hereby amended as follows: (a) That the following General Fund line items be amended as follows: (1) Increase line item 010-4830.00 Insurance Claim Proceeds $ 8,500 (2) Increase line item 10531354-5251001 Buildings & Grounds 8,500 Section 3. That all ordinances, or parts of ordinances in conflict with this ordinance are hereby repealed to the extent ofs such conflict. Section 4. That this ordinance shall be effective from and after its passage. Salisbury City Council Agenda Item Request Form Please Select Submission Category: Public Council Manager X Staff Requested Council Meeting Date: February 20, 2024 and Dixonvlle-Lincoln Memorial Task Force Name of Group(s) or Individual(s) Making Request: Community Appearance Commission - BlockWork Name of Presenter(s): Alyssa Nelson, urban design planner Requested Agenda Item: Council to consider adopting a Budget Ordinance Amendment to the FY2023- 2024 budget in the amount of $10,050 to appropriate revenue for the BlockWork Neighborhood Improvement Description of Requested Agenda Item: The Community Appearance Commission has received $10,000 from the Blanche and. Julian Robertson Family Foundation for the 2023 BlockWork event on the 200 and 300 blocks of Lloyd Street. Funding was received in the form of a grant to complete remaining tasks. The Dixonville-Lincoln Memorial Task Force received a $50 private donation to go toward future expenses at Project and Dixionville-Lincoln Memorial Project the Dixonville Cemetery Memorial. Attachments: OYes X No Fiscal Note: (Iffiscal note requires approval by finance department because item exceeds $100,000 ori is related tos grantj funds, please) fill out signature Action Requested of Council for Agenda Item: (Please note ifitemi includes ane ordinance, resolution or petition) Council to adopt al budget ordinance amendment to FY 2023-2024 budget to appropriate $10,000t to Contact Information for Group or Individual: Alyssa Nelson, 704.638.5235, anclsasalsburymegor X Consent Agenda (item requires no discussion and will be voted on by Council or removed from the consent blocks for finance at bottom off form and provides supporting documents) BlockWork: and $50 for Dixionvile-Lincoln Memorial. agenda to the regular agenda) Regular Agenda (item tol be discussed and possibly voted on by Council) FINANCE DEPARTMENT INFORMATION: MD00. Finance Manager Signature fruke ukan Départment Bead Signature Salisbury City Council Agenda Item Request Form 7aacey eyes Budget Manager Signature ****AlL agenda items must be submitted at least 7 days before the requested Council meeting date*** For Use in Clerk's Office Only J Approved Reason: Delayed Declined AN ORDINANCE AMENDING1 THE 2023-20241 BUDGET ORDINANCE OF THE CITY OF SALISBURY, NORTH CAROLINATO APPROPRIATE DONATIONS Bei it ordained by the City Council oft the City of Salisbury, North Carolina, as follows: Section 1. Appropriate General Fund donations forl BlockWork; projects andl Dixionville-Lincoln Section 2. That the 2023-2024 Budget Ordinance oft the City of Salisbury, adopted on June 20, Memorial. 2023, is hereby amended as follows: (a) That the following General Fund line items be amended as follows: (1) Increase line item 010-482110 General Fund Donations 10,050 (2) Increase line item 10491000-545041 (3) Increase line item 10563000-525102 Maintenance Old Cemeteries 10,000 50 BlockWork Section 3. That all ordinances, or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of such conflict. Section 4. That this ordinance shalll be effective from and after its passage. Salisbury City Council Agenda Item Request Form Please Select Submission Category: Public Council Manager X Staff Requested Council Meeting Date: February 20, 2024 Name of Group(s) or Individual(s) Making Request: Public Arts Commission Name of Presenter(s): Requested Agenda Item: Alyssa Nelson, Urban Design Planner Council to consider adopting a Budget Ordinance Amendment tot the FY 2023-2024 budget ini the amount of $18,480 to appropriate revenue for the Public Arts Commission. Description of Requested Agenda Item: The Salisbury Public Arts Commission has received ai total of $18,4801 from grants and artist application fees, including $12,000 from the Rowan Arts Council and $6,0001 from the Salisbury-Rowan Community Foundation. Attachments: Yes X No Fiscal Note: (Ifj fiscal note requires approval by finance department because item exceeds $100,000 ori is related to grant funds, please fill outs signature Action Requested of Council for Agenda Item: (Please note ifitemi includes and ordinance, resolution or petition) Adopt a budget ordinance amendment to FY 2023-2024 budget to appropriate $18,480: for the Public Arts Contact Information for Group or Individual: Alyssa Nelson, 704.638.5235, nels@salsburyne.gox Consent Agenda (item requires no discussion and will be voted on by Council or removed from the consent blocks for finance at bottom ofform and provides supporting documents) Commission. agenda to the regular agenda) Regular. Agenda (item to be discussed and possibly voted on by Council) FINANCE. DEPARTMENT INFORMATION: MD00 Finance Manager Signature Thaceyreys Budget Manager Signature fuuale fuloun Départment Head Signature ****All agenda items must be submitted at least 7 days before the requested Council meeting date*** AN ORDINANCE AMENDING1 THE: 2023-20241 BUDGET ORDINANCE OF THE CITY OF SALISBURY, NORTH CAROLINA TO APPROPRIATE REVENUE FOR THE PUBLIC. ARTS COMMISSION Bei it ordained by the City Council oft the City of Salisbury, North Carolina, as follows: Section 1. Appropriate revenue from grants and artist application fees for The Salisbury Public Section 2. That the 2023-2024 Budget Ordinance oft the City of Salisbury, adopted on June 20, Arts Commission. 2023, is hereby amended as follows: (a) That the following General Fund line items be amended as follows: (1) Increase line item 010-482120 Public Art Donations and Fees 18,480 (2) Increase line item 10491000-545040 Public Art/Sculpture Show 18,480 Section 3. That all ordinances, or parts ofordinances in conflict with this ordinance are hereby repealed to the extent ofs such conflict. Section 4. That this ordinance shalll be effective from and after its passage. Salisbury City Council Agenda Item Request Form Please Select Submission Category: Public Council Manager X Staff Requested Council Meeting Date: February 20, 2024 Name ofGroup(s) or Individual(s) Making Request: Finance Director Wade Furches Name of Presenter(s): Finance Manager Mark Drye Requested Agenda Item: Council consider adopting a Budget ORDINANCE Amendment to the FY2023-2024 Description of Requested Agenda Item: At the City Council retreat, we discussed that the City would be receiving property tax revenues in excess ofbudget, and discussed that staff would bring to City Council a list ofGeneral Fund and Transit Fund projects that the City could accomplish by appropriating these extra revenues. During the FY24 budget process, several requested projects were cut from the final budget. Therefore, staffis recommending to use this extra revenue to fund several or projects that were previously cut from the budget and some items that have come up during the fiscal year. We have attached al budget ordinance budget to appropriate additional property tax revenues in the amount of $700,000. for Council approval and al list oft the projects that these funds will cover. Attachments: XYes No Fiscal Note: (If fiscal note requires approval by finance department because item exceeds $100,000 or is related tog grant funds, please) fill outs signature The City Finance Department has monitored property tax revenue trends for the past several months. Based on those trends and reports from the Rowan County Tax office, staffbelieves the above recommendation is a sound Action Requested of Council for Agenda Item: Adopt Budget ORDINANCE Amendment to appropriate additional property tax revenue in the amount of $700,000 to fund projects and equipment attached for the blocks forf finance at bottom off form and provides supporting documents) financial decision. General and Transit Funds. Contact Information for Group or Individual: Wade Furches, 704-638-5302 X Consent Agenda (item requires no discussion and will be voted on by Council or removed from the consent agenda tot the regular agenda) Regular Agenda (item tol be discussed and possibly voted on by Council) FINANCE. DEPARTMENT INFORMATION: MpOW. Finance Manager Signature SWadefuehas Department Head Signature Taceyheyes Budget Manager Signature For Use in Clerk's Office Only *****All agenda items must be submitted at least 7 days before the requested Council meeting date*** Approved Reason: Delayed Declined Requests for extra revenue funding Parking lot resurfacing Greenway repaving New doors and windows Telecom projects Generator monitoring system Solid waste cans and education stickers Training (new request) 15 vehicular detection loops (new request) 4 Rollup door replacements Sliding gate 2 Bay Doors at Station 1 Contract for street line on Fulton and Brenner/JAB intersection (new request) Brine mixer Fence around FS4, window tinting (new request) Replacements oft tools 4 Radar and Speed Signs (new request) Cameras at Pool (new request) Barricades and trailer Rampi for Orion buses Knox Boxes Expendable hand tools Swing arm 5-ton floor jack Plasma cutter (new request) Recommended Funding $ 215,000 65,000 55,000 42,000 33,000 28,000 20,000 20,000 20,000 20,000 19,000 18,000 17,500 17,000 16,000 15,000 15,000 14,000 10,000 11,000 8,000 8,000 5,500 4,000 4,000 700,000 Project Department Public' Works Grounds Maintenance Grounds Maintenance Fire Department Fleet Maintenance Solid Waste Police Department Transportation Streets Streets Fire Department Transportation Public' Works Fire Department Fleet Maintenance Police Department Parks and Recreation Transportation Transit Police Department Fire Department Transit Fleet Maintenance Transit Transit Scan access for CID, power: supplies for MDTS $ ANORDINANCE AMENDING THE 2022-2023 BUDGET ORDINANCE OF THE CITY OF SALISBURY, NORTH CAROLINA TO APPROPRIATE ADDITIONAL PROPERTY TAX REVENUES Bei it ordained by the City Council oft the City ofs Salisbury, North Carolina, as follows: Section 1. The City Finance Department anticipates that it will receive property tax revenues in excess oft the original budget. This additional revenuesi need tol bej property appropriated. Section 2. That the 2023-2024 Budget Ordinance of the City of Salisbury, adopted on June 20, 2023, is hereby amended as follows: (a) That the following General Fund line items be amended as follows: (1) Increase line item 010-4111.06 Current Year Property Taxes (2) Increase line item 10514000-529400 Police Training Increase line item 10514000-545000 Police Special Projects Increase line item 10531000-545000 Fire Special Projects Increase line item 10531351-525101 Buildings and Grounds Increase line item 10531534-525101 Buildings and Grounds Increase line item 10550000-545000 Telecomm Special Projects Increase line item 10553000-598035 Transfer to Transit Fund Increase line item 10555000-545000 Transportation Special Projects Increase line item 10561000-545000 Street Special Projects Increase line item 10561000-571000 Street Capital Outlay Increase line item 10581000-545000 Solid Waste Special Projects $700,000 2 20,000 26,000 8,000 19,000 17,000 42,000 26,000 52,000 255,000 17,500 28,000 Increase line item 10590000-545000 Grounds Maintenance Special Projects Increase in linei item 10621607-571000 Fred Evans Pool Capital Outlay Increase line item 10661000-545000 Fleet Maintenance Special Projects Increase line tem10661000-574200 Fleet Capital Outlay Garage Equipment 120,000 15,000 33,000 21.500 $700,000 $_26.000 2 26.000 Section 3. Increase line item 035-498010 Section 4. Increase line item 35653000-571000 Transfer from General Fund Transit Capital Outlay Section 3. That all ordinances, or parts of ordinances in conflict with this ordinance are Section 4. That this ordinance shalll be effective from and after its passage. hereby repealed to the extent ofsuch conflict. Salisbury City Council Agenda Item Request Form Please Select Submission Category: Public Council Manager X Staff Requested Council Meeting Date: February 20, 2024 Name ofGroup(s) or Individual(s) Making Request: Transportation Department Name of Presenter(s): Wendy Brindle, Transportation Director Requested Agenda Item: Request from AT&T for an Encroachment on Statesville Boulevard and Holly Description of Requested Agenda Item: AT&T requests approval ofi installation of 870 Ifoff fiber optic cable by dry bore method on Statesville Boulevard and Holly Avenue as indicated on the attached plan. The project alos crosses a. 36" DIP waterline, and will require that SRU is on-site to observe all excavation near existing utilities. AT&T has received the encroachment agreement from NCDOT for Statesvill Blvd, and City Council approval of encroachments within the City is required by Section 11-24 (27) ofthe City Code. Staff review included input from transportation, Public Works and Salisbury-Rowan Utilities. Staff Avenue recommends approval subject to the following conditions: All improvements and restoration shall be made at no expense to the City. A$5,000 bond will be required prior to construction within the City Limits. Ap pre-construction meeting will be required prior to construction. Any markers for underground facilities shall be flush with the ground. Lane closures shall be coordinated through the Transportation Department. On-site inspection will be required during all critical street crossings (SRU must be on-site to observe all excavation near existing utilities). AT&T shall participate with the State's one-call locating program, and appropriate locater tape shall be installed to facilitate future field location. SRU: requires that all new facilities maintain a clear horizontal separation ofa at least 48" (measured edge to edge) from existing utilities, and a clear vertical separation ofat least 24" from existing utilities. All crossings must be identifiedpotholed prior to Engineering "as-built" plans shall be maintained by AT&T and made available to the City upon request. Ifthe City (or State) makes an improvement to the public Right-of-Way, AT&T facilities shall be excavation. adjusted or relocated at no expense to the City (or State). Attachments: XYes No Fiscal Note: (Iffiscal note requires approval by finance department because item exceeds $100,000 ori is related tos grantj funds, please fill out signature blocks) for finance atl bottom off form and provides supporting documents) There is no budgetary impact on this item. Action Requested of Council for Agenda Item: (Please note ifitemi includes an ordinance, resolution or petition) Salisbury City Council Agenda Item Request Form City Council to consider approval ofa right-of-way encroachment for installation ofunderground fiber optic cable by AT&T within the rights-of-way of Statesville Boulevard and Holly Avenue per Section 11-24 (27) of Contact Information for Group or Individual: Wendy Brindle 704-638-5201, Barry King 704-216-2712 the City Code and subject to NCDOT approval. X Consent Agenda (item requires no discussion and will be voted on by Council or removed from the consent agenda to the regular agenda) Regular Agenda (item tol be discussed and possibly voted on by Council) FINANCE DEPARTMENT INFORMATION: Finance Manager Signature Department Head Signature Budget Manager Signature ****AlL agenda items must be submitted at least 7 days before the requested Council meeting date*** For Use in Clerk's Office Only Approved Reason: Delayed Declined CONTACTS ATBTENGINEER JEFFREYV WOOD 704-695-5091 JW0463@ATT.COM OSPDESIGNER SHANNON GRAHAM SS286A@ATT.COM ADDRESS: 2146 STATESVILLE BLVD, SALISBURY NC PROJECT NAME: A02R506 WORK LOCATION GaolyAve SITE INDEX 1-COVERS SHEETSITELOCATION 2-LEGEND 3-GENERAL NOTES 4-OSPF PROJECTS SHEET Center CoinFlip BitcoinA ATM s USNails& Spa à Family DubysTires& Services sbury Jeen Taco Bell Blue Bay Seafood Marlow/sB poae supermarket Carriage Room. Under Dwnership SCOPE OF WORK: lelity Bank Slelesie SITE LOCATION llb SHEETTITLE: COVER SHEET WOOD A02R506 SAN Salisbury City Council Agenda Item Request Form Please Select Submission Category: Public Council Manager X Staff Requested Council Meeting Date: February 20, 2024 Name ofGroup(s) or Individual(s) Making Request: Transportation Department Name of Presenter(s): Wendy Brindle, Transportation Director Requested Agenda Item: Request from Conterra for an Encroachment on W. Innes Street, Mahaley Avenue, N. Park Drive, Statesville Boulevard, Yost Street and Summit Avenue to extend fiber optic to Catawba Description of Requested Agenda Item: Conterra requests approval ofi installation ofa 30"x 48"x3 36" handhole within the City's right-of-way on N. Park Drive. The project will include a directional bore of426' of fiber optic cable in conduit from Mahaley Avenuel Innes Street intersection to N. Park Drive. It will also include ai road bore under W. Innes Street at] N. Park Road with an additional 340' of12 count fiber placed in existing customer owned conduit to serve the premises. In addition, Conterra is requesting to: install 2,217' of fiber optic cable from an existing vault in Statesville Boulevard near Yost Street. The fiber would continue along Yost Street to Summit Avenue, and along Summit Avenue to ai new handhole. City Council approval of encroachments is required by Section 11-24 (27) ofthe City Code. Work within W. Innes Street And Statesville Staffreview included input from Transportation, Public Works and Salisbury-Rowan Utilities. Staff College Boulevard also requires NCDOT approval. recommends approval subject to the following conditions: All improvements and restoration shall be made at no expense to the City. A$5,0001 bond will be required prior to construction within the City Limits. Apre-construction meeting will be required prior to construction. On-site inspection will be required during all critical street crossings. Any markers for underground facilities shall be flush with the ground. Lane closures shall be coordinated through the Transportation Department. Conterra shall participate with the State'sone-call locating program, and appropriate locater tape shall bei installed to facilitate future field location. SRU requires that all new: facilities maintain a clear horizontal separation of at least 48" (measured edge to edge) from existing utilities, and a clear vertical separation of at least 24" from existing utilities. All crossings must be identifiedpotholed prior to Engineering "as-built" plans shall be maintained by Conterra and made available to the City upon Ifthe City (or State) makes an improvement to the public Right-of-Way, Conterra facilities shall be excavation. request. adjusted or relocated at no expense to the City (or State). Attachments: XYes No Fiscal Note: (Iffiscal note requires approval by finance department because item exceeds $100,000 or is related tog grantj funds, please fill outs signature blocks for finance atl bottom of form and provide supporting documents) Salisbury City Council Agenda Item Request Form There is no budgetary impact on this item. Action Requested of Council for Agenda Item: (Please note ifitemi includes and ordinance, resolution or petition) City Council to consider approval ofa right-of-way encroachment for installation of underground fiber optic cable by Conterra within the rights-of-way of W. Innes Street, Mahaley Avenue, N. Park Drive, Statesville Boulevard, Yost Street and Summit Avenue per Section 11-24 (27) oft the City Code, and subject to NCDOT Contact Information for Group or Individual: Wendy Brindle 704-638-5201, Barry King 704-216-2712 approval. 4 Consent Agenda (item requires no discussion and will be voted on by Council or removed from the consent agenda to the regular agenda) Regular Agenda (item tol be discussed and possibly voted on by Council) FINANCE DEPARTMENT INFORMATION: Finance Manager Signature Department Head Signature Budget Manager Signature *****All agenda items must be submitted at least 7 days before the requested Council meeting date*** For Use in Clerk's Office Only Approved Reason: Delayed Declined PROJECT NAME: CatawDaColege P-023220 ADDRESS: 143 N Park Dr SCOPE OF WORK Project will consist of installing 3826' ofnew 144ctF FOC from existing handhole to newp proposed handhole and 325' ofr new 12ct FOC from proposed handhole toc customer location. Salisbury, NC 28144 3 Overten 2 Callbeforeyoudig. 1 of_18 DRAWINGSTATUS SHEET: CONTACT NAMES ANDI NUMBERS DRAWING LIST CONTERRA Fiber Driven. People Powered. NETWORKS 53017 NC 28217 TTINETWORKS Jonathan_ PROJECT Drawdy_7 MANAGER: 704-458-0700 SHEET DESCRIPTION SHEET DESCRIPTION SHEET PROJECT SHEET1 DATE DESCRIPTION DRAFTER SET Alwyn_ PROJECT Jenkins_ 704-572-2707 ENGINEER: 1 Christopher_ Adams_ 704-466-1965 3 JOBI NUMBER: P-023220 COVER SHEET LEGEND TYPICALS 12 PROJECT SHEET1 17 PROJECT SHEET6 1/12/2024 ORIGINAL DRAFT CPA 1 PROJECT DRAFTER: 2 MATERIALSI RAKE OFF 13 PROJECT SHEET2 18 PROJECT SHEET7 14 PROJECT SHEET3 16 PROJECT SHEET5 4 GENERAL NOTES 15 PROJECT SHEET4 5-11 PROJECT NAME: CatawDaCollege P-023221 ADDRESS: 2309 Brenner Ave SCOPE OF WORK Project will consist of installing 2338' ofnew 144ctF FOC from existing handhole to proposed handhole and 403' ofr new 12ct FOCi in existing conduit from proposed handholet to customer location. Salisbury, NC 28144 Rahauser Dr 3 70 BNVd he ECorriher Ave Callbeforeyoudig. 1 of15 DRAWINGSTATUS SHEET: CONTACT NAMES ANDI NUMBERS DRAWINGLIST CONTERRA Fiber Driven. People Powered. NETWORKS 53017 NC 28217 TTINETWORKS Jonathan_ PROJECT Drawdy_7 MANAGER: 704-458-0700 SHEET DESCRIPTION SHEET DESCRIPTION SHEET PROJECT SHEET1 DATE DESCRIPTION DRAFTER SET Alwyn_ PROJECT Jenkins_ ENGINEER: 704-572-2707 1 Christopher_ Adams_ 704-466-1965 3 JOBI NUMBER: P-023221 COVER SHEET LEGEND TYPICALS 12 PROJECT SHEET1 14 PROJECT SHEET3 1/22/2024 ORIGINAL DRAFT CPA 1 PROJECT DRAFTER: 2 MATERIALSI RAKE OFF 13 PROJECT SHEET2 4 GENERAL NOTES 15 PROJECT SHEET4 5-11 Salisbury City Council Agenda Item Request Form Please Select Submission Category: Public Council Manager X Staff Requested Council Meeting Date: February 20, 2024 Name ofGroup(s) or Individual(s) Making Request: Wade Furches, Finance Director Name of Presenter(s): Wade Furches, Finance Director Requested Agenda Item: Award a contract to Martin Starnes and Associates, CPAS for auditing services for the fiscal year ending June 30, 2024. Description of Requested Agenda Item: On March 15, 2022, Council approved a four-year agreement with Martin Starnes and Associates, CPAS to provide audit services for the City after requesting Requests for Proposals. The current fiscal year, ending on June 30, 2024, will bei the third year of the four-year agreement. The fee for FY23 is $41,600, plus $3,500 for single audit testing of up tot three major programs. This represents a$2,400, or 5.6%, increase from the prior fiscal year, and is in accordance with the original proposal approved in 2022. Attachments: XYes No Fiscal Note: (Iffiscal note requires approval by finance department because item exceeds $100,000 or is related tog grant funds, please fill outs signature Action Requested of Council for Agenda Item: (Please note ifi itemi includes an ordinance, resolution orp petition) Award a contract to Martin Starnes and Associates, CPAS for auditing services for the fiscal year ending June 30, 2024 in blocks forj finance atl bottom of form and provides supporting documents) the amount of $45,100. Contact Information for Group or Individual: Wade Furches 704-638-5302 Consent Agenda (item requires no discussion and will be voted on by Council or removed from the consent agenda tot the regular agenda) Regular Agenda (item tol be discussed and possibly voted on by Council) FINANCE. DEPARTMENT INFORMATION: Mp00. Finance Manager Signature Taacey Keyee Budget Manager Signature SWadefuxckes Department Head Signature LGC-205 CONTRACT TO AUDIT ACCOUNTS Rev. 11/2023 The Governing Board City Council of Primary Government Unit City of Salisbury, NC and Discretely Presented Component Unit (DPCU) (ifa applicable) N/A Primary Government Unit, together with DPCU (fapplicable), hereinafter referred to as Governmental Unit(s) and Auditor Name Martin Starnes & Associates, CPAs, P.A. 730 13th Avenue Drive SE, Hickory, NC 28602 Auditor Address Hereinafter referred to as Auditor for Fiscal Year Ending Date Audit Will Be Submitted tol LGC Must be within four months of FYE 06/30/24 10/31/24 hereby agree as follows: 1. The Auditor shall audit all statements and disclosures required by U.S. generally accepted auditing standards (GAAS) and additional required legal statements and disclosures of all funds and/or divisions of the Governmental Unit(s). The non-major combining, and individual fund statements and schedules shall be subjected to the auditing procedures applied in the audit oft the basic financial statements and an opinion shall be rendered in relation to (as applicable) the governmental activities, the business- type activities, the aggregate DPCUS, each major governmental and enterprise fund, and the aggregate remaining fund information (non- major government and enterprise funds, the internal service fund type, and the fiduciary fund types). The basic financial statements shall include budgetary comparison information in a budgetary comparison statement, rather than as RSI, for the General Fund and any annually budgeted Special Revenue funds. At a minimum, the Auditor shall conduct the audit and render the report in accordance with GAAS. The Auditor shall perform the audit in accordance with Government Auditing Standards (GAGAS) if the Governmental Unit expended $100,000 or more in combined Federal and State financial assistance during the reporting period. The auditor shall perform a Single Audit if required by Title 2 US Code of Federal Regulations Part 200 Uniform Administration Requirements, Cost Principles, and Audit Requirements for Federal Awards, Subpart F (Uniform Guidance) or the State Single Audit Implementation Act. This audit and all associated audit documentation may be subject to review by Federal and State agencies in accordance with Federal and State laws, including the staffs of the Office of State Auditor (OSA) and the Local Government Commission (LGC). If the audit requires ai federal single audit in accordance with the Uniform Guidance ($200.501), it is recommended that the Auditor and Governmental Unit(s). jointly agree, in advance of the execution of this contract, which party is responsible for submission of the audit and the accompanying data collection form to the Federal Audit Clearinghouse as required under the Uniform Guidance ($200.512). 2. Effective for audits of fiscal years beginning on or after June 30, 2023, the LGC will allow auditors to consider whether a unit qualifies as a State low-risk auditee based upon federal criteria in the Uniform Guidance $200.520(a), and (b) through (e) as it applies to State awards. In addition tot the federal criteria in the Uniform Guidance, audits must have been submitted timely to the LGC. Ifi in the reporting year, or in either of the two previous years, the unit reported a Financial Performance Indicator of Concern that the audit was late, then Page 1 LGC-205 CONTRACT TO AUDIT ACCOUNTS Rev. 11/2023 the report was not submitted timely for State low-risk auditee status. Please refer to Discussion of Single Ift the audit and Auditor communication are found in this review to be substandard, the results of the review may be forwarded to the North Carolina State Board of CPA Examiners (NC State Board). 3. Ifan entity is determined to be a component of another government as defined by the group audit standards, the entity's auditor shall make a good faith effort to comply in a timely manner with the requests of This contract contemplates an unmodified opinion being rendered. If during the process of conducting the audit, the Auditor determines that it will not be possible to render an unmodified opinion on the financial statements of the unit, the Auditor shall contact the LGC Staff to discuss the circumstances leading to that conclusion as soon as is practical and before the final report is issued. The audit shall include such tests of the accounting records and such other auditing procedures as are considered by the Auditor to be necessary ini the circumstances. Any limitations or restrictions in scope which would lead to a qualification should be fully 5. Ifthis audit engagement is subject to the standards for audit as defined in Government Auditing Standards, 2018 revision, issued by the Comptroller General of the United States, then by accepting this engagement, the Auditor warrants that he/she has met the requirements for a peer review and continuing education as specified in Government Auditing Standards. The. Auditor agrees to provide a copy of the most recent peer review report to the Governmental Unit(s) and the Secretary of the LGC prior to the execution of an audit contract. Subsequent submissions of the report are required only upon report expiration or upon auditor's receipt of an updated peer review report. If the audit firm received a peer review rating other than pass, the Auditor shall not contract with the Governmental Unit(s) without first contacting the Secretary of the LGC for a Ift the audit engagement is not subject to Government Auditing Standards or if financial statements are not prepared in accordance with U.S. generally accepted accounting principles (GAAP) and fail to include all disclosures required by GAAP, the Auditor shall provide an explanation as to why in an attachment to this 6. Itis agreed that time is oft the essence in this contract. All audits are to be performed and the report of audit submitted to LGC Staff within four months of fiscal year end. If it becomes necessary to amend the audit fee or the date that the audit report will be submitted to the LGC, an amended contract along with a written 7. Itis agreed that GAAS include a review of the Governmental Unit's (Units') systems ofi internal control and accounting as same relate to accountability of funds and adherence to budget and law requirements applicable thereto; that the Auditor shall make a written report, which may or may not be a part of the written report of audit, to the Governing Board setting forth his/her findings, together with his recommendations for improvement. That written report shall include all matters defined as "significant deficiencies and material weaknesses" in AU-C 265 of the. AICPA Professional Standards (Clarified). The. Auditor shall file a copy of that For GAAS or Government Auditing Standards audits, if an auditor issues an AU-C $260 report, commonly referred to as "Governance Letter," LGC staff does not require the report to be submitted unless the auditor cites significant findings or issues from the audit, as defined in AU-C $260.12-. 14. This would include issues such as difficulties encountered during the audit, significant or unusual transactions, uncorrected misstatements, matters that are difficult or contentious reviewed with those charged with governance, and other significant matters. If matters identified during the audit were required to be reported as described in AU-C $260.12-.14 and were communicated in a method other than an AU-C $260 letter, the written Audits in North Carolina" on the LGC's website for more information. the group auditor in accordance with AU-6 5600.41-9600.42. 4. explained in an attachment to this contract. peer review analysis that may result in additional contractual requirements. contract ori in an amendment. explanation of the change shall be submitted to the Secretary of the LGC for approval. report with the Secretary of the LGC. documentation must be submitted. LGC-205 CONTRACT TO AUDIT ACCOUNTS Rev. 11/2023 8. All local government and public authority contracts for audit or audit-related work require the approval of the Secretary of the LGC. This includes annual or special audits, agreed upon procedures related toi internal controls, bookkeeping or other assistance necessary to prepare the Governmental Unit's records for audit, financial statement preparation, any finance-related investigations, or any other audit- related work in the State of North Carolina. Approval is also required fori the Alternative Compliance Examination expenditures as allowed by US Treasury. Approval is not required on audit contracts and invoices for Engagement for auditing the Coronavirus State and Local Fiscal Recovery Funds system improvements and similar services of a non-auditing nature. 9. Invoices for services rendered under these contracts shall not be paid by the Governmental Unit(s) until the invoice has been approved by the Secretary of the LGC. This also includes any progress billings [G.S. 159-34 and 115C-447]. All invoices for audit work shall be submitted in PDF format toi the Secretary of the LGC for approval. the invoice marked 'approved' with approval date shall be returned to the Auditor to present toi the Governmental Unit(s) for payment. This paragraph is not applicable to contracts for audits 10. Inc consideration of the satisfactory performance of the provisions of this contract, the Governmental Unit(s) shall pay to the Auditor, upon approval by the Secretary oft the LGC if required, the fee, which includes any costs the Auditor may incur from work paper or peer reviews or any other quality assurance program required by third parties (federal and state grantor and oversight agencies or other organizations) as required under the Federal and State Single Audit Acts. This does not include fees for any pre-issuance reviews that may be required by the NC Association of CPAS (NCACPA) Peer Review Committee or NC State 11. Ift the Governmental Unit(s) has/have outstanding revenue bonds, the Auditor shall submit to LGC Staff, either in the notes to the audited financial statements or as a separate report, a calculation demonstrating compliance with the revenue bond rate covenant. Additionally, the Auditor shall submit to LGC Staff simultaneously with the Governmental Unit's (Units') audited financial statements any other bond compliance statements or additional reports required by the authorizing bond documents, unless otherwise specified in the 12. After completing the audit, the Auditor shall submit to the Governing Board a written report of audit. This report shall include, but not be limited to, the following information: (a) Managements Discussion and Analysis, (b) the financial statements and notes of the Governmental Unit(s) and all of its component units prepared in accordance with GAAP, (c) supplementary information requested by the Governmental Unit(s) or required fori full disclosure under the law, and (d) the Auditor's opinion on the material presented. The Auditor shall furnish the 13. Ift the audit firm is required by the NC State Board, the NCACPA Peer Review Committee, or the Secretary of the LGC to have a pre-issuance review of its audit work, there shall be a statement in the engagement letter indicating the pre-issuance review requirement. There also shall be a statement that the Governmental Unit(s) shall not be billed for the pre-issuance review. The pre-issuance review shall be performed prior to the completed audit being submitted to LGC Staff. The pre-issuance review report shall accompany the of hospitals. Board of CPA Examiners (see Item 13). bond documents. required number of copies of the report of audit to the Governing Board uponcompletion. audit report upon submission to LGC Staff. Page 3 LGC-205 CONTRACT TO AUDIT ACCOUNTS Rev. 11/2023 14. The Auditor shall submit the report of audit in PDF format to LGC Staff. For audits of units other than hospitals, the audit report should be submitted when (or prior to) submitting the final invoice for services rendered. The report of audit, as filed with the Secretary oft the LGC, becomes a matter of public record for inspection, review and copy in the offices of the LGC by any interested parties. Any subsequent revisions to these reports shall be sent to the Secretary of the LGC. These audited financial statements, excluding the Auditors' opinion, may be used in the preparation of official statements for debt offerings by municipal bond rating services to fulfill secondary market disclosure requirements of the Securities and Exchange Commission and for other lawful purposes of the Governmental Unit(s) without requiring consent of the Auditor. If the LGC Staff determines that corrections need to be made to the Governmental Unit's (Units') financial statements and/ or the compliance section, those corrections shall be provided within three business days of notification unless 15. Should circumstances disclosed by the audit call for a more detailed investigation by the Auditor than necessary under ordinary circumstances, the Auditor shall inform the Governing Board in writing of the need for such additional investigation and the additional compensation required therefore. Upon approval by the Secretary of the LGC, this contract may be modified or amended to include the increased time, compensation, 16. Ifana approved contract needs to be modified or amended for any reason, the change shall be made in writing and pre-audited if the change includes a change in audit fee (pre-audit requirement does not apply to hospitals). This amended contract shall be completed ini full, including a written explanation of the change, signed and dated by all original parties to the contract. It shall then be submitted to the Secretary of the LGC for approval. No change to the audit contract shall be effective unless approved by the Secretary of the LGC. 17. A copy of the engagement letter, issued by the Auditor and signed by both the Auditor and the Governmental Unit(s), shall be attached tot this contract, and except fori fees, work, and terms not related to audit services, shall be incorporated by reference as if fully set forth herein as part of this contract. In case of conflict between the terms of the engagement letter and the terms oft this contract, the terms of this contract shall take precedence. Engagement letter terms that conflict with the contract are deemed to be void unless the conflicting terms of this contract are specifically deleted in Item 30 of this contract. Engagement letters containing 18. Special provisions should be limited. Please list any special provisions in an attachment. 19. As separate contract should not be made for each division to be audited or report to be submitted. Ifa DPCU is subject to the audit requirements detailed in the Local Government Budget and Fiscal Control Act and a separate audit report is issued, a separate audit contract is required. If a separate report is not to be issued and the DPCU is included in the primary government audit, the DPCU shall be named along with the primary government on this audit contract. DPCU Board approval date, signatures from the DPCU Board chairman and 20. The contract shall be executed, pre-audited (pre-audit requirement does not apply to hospitals), and physically signed by all parties including Governmental Unit(s) and the Auditor, then submitted in PDF format to 21. The contract is not valid until it is approved by the Secretary of the LGC. The staff of the LGC shall notify the Governmental Unit and Auditor of contract approval by email. The audit should not be started before the 22. Retention of Client Records: Auditors are subject to the NC State Board of CPA Examiners' Retention of Client Records Rule 21 NCAC 08N .0305 as it relates to the provision of audit and other attest services, as well as non-attest services. Clients and former clients should be familiar with the requirements of this rule prior to another deadline is agreed to by LGC Staff. or both as may be agreed upon by the Governing Board and the Auditor. indemnification clauses shall not be accepted by LGC Staff. finance officer also shall be included on this contract. the Secretary of the LGC. contract is approved. requesting the return of records. Page 4 LGC-205 CONTRACT TO AUDIT ACCOUNTS Rev. 11/2023 23. This contract may be terminated at any time by mutual consent and agreement of the Governmental Unit(s) and the Auditor, provided that (a) the consent to terminate is in writing and signed by both parties, (b) the parties have agreed on the fee amount which shall be paid to the Auditor (if applicable), and (c)n no 24. The Governmental Unit's (Units') failure or forbearance to enforce, or waiver of, any right or an event of breach or default on one occasion or instance shall not constitute the waiver of such right, breach or 25. There are no other agreements between the parties hereto and no other agreements relative hereto that shall be enforceable unless entered into in accordance with the procedure set out herein and approved 26. E-Verify. Auditor shall comply with the requirements of NCGS Chapter 64 Article 2. Further, if Auditor utilizes any subcontractor(s), Auditor shall require such subcontractor(s) to comply with the requirements of 27. Applicable to audits with fiscal year ends of June 30, 2020 and later. For all non-attest services, the Auditor shall adhere to the independence rules of the AICPA Professional Code of Conduct and Government Auditing Standards, 2018 Revision (as applicable). Financial statement preparation assistance shall be deemed a "significant threat" requiring the Auditor to apply safeguards sufficient to reduce the threat to an acceptable level. If the Auditor cannot reduce the threats to an acceptable level, the Auditor cannot complete the audit. Ift the Auditor is able to reduce the threats to an acceptable level, the documentation of this determination, including the safeguards applied, must be included in the audit workpapers. All non-attest service(s) being performed by the Auditor that are necessary to perform the audit must be identified and included in this contract. The Governmental Unit shall designate an individual with the suitable skills, knowledge, and/or experience (SKE) necessary to oversee the services and accept responsibility for the results of the services performed. If the Auditor is able to identify an individual with the appropriate SKE, s/he must document and include int the audit workpapers how he/she reached that conclusion. If the Auditor determines that an individual with the appropriate SKE cannot be identified, the Auditor cannot perform both the non-attest service(s) and the audit. See "Fees for Audit Services" page of this contract to disclose the 28. Applicable to audits with fiscal year ends of June 30, 2021 and later. The auditor shall present the audited financial statements including any compliance reports to the government unit's governing body or audit committee in an official meeting in open session as soon as the audited financial statements are available but not later than 45 days after the submission of the audit report to the Secretary. The auditor's presentation to the government unit's governing body or audit committee shall include: a) the description of each finding, including all material weaknesses and significant deficiencies, as found by the auditor, and any other issues related to the internal controls or fiscal health of the government unit as disclosed in the management letter, the Single Audit or Yellow Book reports, or any other communications from the auditor regarding internal controls as required by current auditing c) the values of Financial Performance Indicators based on information presented in the audited d) notification to the governing body that the governing body shall develop a Response toi the Auditor's Findings, Recommendations, and Fiscal Matters," ifr required under 20 NCAC 03 .0508. 29. Information based on the audited financial statements shall be submitted to the Secretary for the purpose of identifying Financial Performance Indicators and Financial Performance Indicators of Concern. See 20 termination shall be effective until approved in writing by the Secretary of the LGC. default on any subsequent occasion or instance. by the Secretary of the LGC. NCGS Chapter 64, Article 2. person identified as having the appropriate SKE for the Governmental Unit. standards set by the Accounting Standards Board or its successor; b) the status of the prior year audit findings; financial statements; and NCAC 03 .0502(c)(6). Page 5 LGC-205 CONTRACT TO AUDIT ACCOUNTS Rev. 11/2023 30. All of the above paragraphs are understood and shall apply to this contract, except the following numbered paragraphs shall be deleted (See Item 17 for clarification). 31. The process for submitting contracts, audit reports and invoices is subject to change. Auditors and units should use the submission process and instructions in effect at the time of submission. Refer to the N.C. Department of State Treasurer website at ittps:/www.nctreasurer.comistate-and-ocal- government-finance-divson/oca-governmen-commssionsupmiting-your-audit to the email addresses provided on the signature pages that follow. 32. All communications regarding audit contract requests for modification or official approvals will be sent 33. Modifications to the language and terms contained in this contract form (LGC-205) are not allowed. Page 6 LGC-205 CONTRACT TO AUDIT ACCOUNTS FEES FOR AUDIT SERVICES Rev. 11/2023 1.F For all non-attest services, the Auditor shall adhere to the independence rules of the AICPA Professional Code of Conduct (as applicable) and Govemnment Auditing Standards, 2018 Revision. Refer to Item 27 of this contract for specific requirements. The following information must be provided by the Auditor; contracts Financial statements were prepared by: Auditor Governmental Unit Third Party If applicable: Individual at Governmental Unit designated to have the suitable skills, knowledge, and/or experience (SKE) necessary to oversee the non-attest services and accept responsibility for the presented to the LGC without this information will be not be approved. results of these services: Name: S. Wade Furches Title and Unit/Company: Finance Director, City of Salisbury Email Address: wfur@salisburymegoy ORI Not Applicable (Identification of SKE Individual on the LGC-205 Contract. is nota applicable for GAAS-only audits ora audits with FYEs prior to. June 30, 2020.) 2. Fees may not bei included ini this contract for work performed on Annual Financial Information Reports (AFIRs), Form 990s, or other services not associated with audit fees and costs. Such fees may be included in the engagement letter but may not be included in this contract or in any invoices requiring approval of the LGC. See 3. The audit fee information included ini the table below for both the Primary Government Fees and the DPCU Fees (if applicable) should be reported as a specific dollar amount of audit fees for the year under this contract. If any language other than an amount is included here, the contract will be returned to the audit form for correction. 4. Prior to the submission of the completed audited financial report and applicable compliance reports subject to this contract, or to an amendment to this contract (if required) the Auditor may submit interim invoices for approval for services rendered under this contract tot the Secretary of the LGC, not to exceed 75% of the billings for the unit's last annual audit that was submitted to the Secretary of the LGC. All invoices for services rendered in an audit engagement as defined in 20 NCAC .0503 shall be submitted to the Commission for approval before any payment is made. Payment before approval is a violation of law. (This paragraph not applicable to contracts Items 8 and 131 for details on other allowable and excluded fees. and invoices associated with audits of hospitals). Primary Government Unit City of Salisbury, NC Audit Fee (financial and compliance if applicable) $ 45,100($41,600 audit + $3,500 single audit for up to 3 programs) Fee per Major Program (ifr noti included above) $3,500 per major program in excess of3 Additional Fees Not Included Above (if applicable): Financial Statement Preparation (incl. notes and RSI) $ All Other Non-Attest Services TOTAL AMOUNT NOT TO EXCEED Discretely Presented Component Unit Audit Fee (financial and compliance if applicable) $ Fee per Major Program (if not included above) Financial Statement Preparation (incl. notes and RSI) $ All Other Non-Attest Services TOTAL AMOUNT NOT TO EXCEED $ $-45,100 (includes 3 major programs) N/A $ Additional Fees Not Included Above (if applicable): $ $ Page 7 LGC-205 CONTRACT TO AUDIT ACCOUNTS Rev. 11/2023 SIGNATURE PAGE AUDIT FIRM Audit Firm* Martin Starnes & Associates, CPAS, P.A. Authorized Firm Representative (typed or printed)* Signature" Amber Y. McGhinnis Date* 02/05/24 YMln Email fpia ameghimnis@msa.cpa GOVERNMENTAL UNIT Governmental Unit" City of Salisbury, NC Date Governing Board Approved Audit Contract* (Enter date in box to right) Mayor/Chaiperson (typed or printed)* Karen K. Alexander, Mayor Signature* Email Address* Date AsmeéAINDREEN Chair of Audit Committee (typed or printed, or "NA") Signature N/A Date Email Address GOVERNMENTAL UNIT - PRE-AUDIT CERTIFICATE Required by G.S. 159-28(a1) or G.S. 115C-441(a1). Not applicable to hospital contracts. This instrument has been pre-audted in the manner required by The Local Govemment Budget and Fiscal Control. Act or by the School Budget and Fiscal Control Act. Sum Obligated by This Transaction: S. Wade Furches, Finance Director Date of Pre-Audit Certificate* $ 45,100 (includes 3 major programs) Primary Governmental Unit Finance Officer* (typedorp printed Signature* Email Address* Wfur@salisburyne.gov Page 8 LGC-205 CONTRACT TO AUDIT ACCOUNTS SIGNATURE PAGE- DPCU (complete only if applicable) Rev. 11/2023 DISCRETELY PRESENTED COMPONENT UNIT DPCU* N/A Date DPCU Governing Board Approved. Audit Contract* (Enter date in box to right) DPCU Chairperson (typed or printed)* Signature* Email Address* Date* Chair of Audit Committee (typed or printed, or "NA") Signature N/A Date Email Address DPCU - PRE-AUDIT CERTIFICATE Required by G.S. 159-28(a1) or G.S. 115C-441(a1). Not applicable to hospital contracts. This instrument has been pre-audited in the manner, required by The Local Govemment Budget and Fiscal Control Act or by the School Budget and Fiscal Control Act. Sum Obligated by this Transaction: DPCU Finance Officer (typed or printed)* Date of Pre-Audit Certificate* $ Signature* Email Address* N/A Remember to print this form, and obtain all required signatures prior to submission. PRINT Page 9 KWH Koonce, Wooten & Haywood,uP CERTIFIEDP PUBUICA ACCOUNTANTS Report on the Firm's System of Quality Control Tot the Shareholders of! Martin Starnes &. Associates, CPAS, P.A. and the: Peer Review Committee, Coastal Peer Review, Inc. We have reyiewed the system of quality control for the accounting and auditing practice of Martin Starnes & Associates, CPAS, P.A, (the firm) in effect for the year. ended. December 31, 2020. Our peer review was conducted in accordance with the Standards for Performing and Reporting on Peer Reviews established by the Peer Review Board of the Ameriçan As summary ofthe nature, objectives, scope, limitations of, and thej procedures performed ina a System Review as described. in the Standards may be found at wacpadppumnar. The summary also includes an explanation of how engagements identified as not performed or reported in conformity with applicable professional standards, if any, are Institute of Certified Public Accountants (Standards). evaluated by aj peer reviewer to determine aj peer review rating. Firm's Responsibility The firmi is responsible for designing a system of quality control and complying with it toj provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. The firm is also responsible for evaluating actions toj promptly remediate engagements deemed as not performed or reported in conformity with professional standards, when appropriate, and for remediating weaknesses ini its system of quality control, ifany, Peer Reviewer's Responsibility, therewith based on our review. Required Selections and Considerations Our responsibility is to express an opinion on the design of the system of quality control and the firm's compliance Engagements selected for review included engagements performed under Government Auditing Standards, including As part of our peer review, we considered reviews by regulatory entities as communicated by the firm, if applicable, in compliançe audits under the Single Audit Act and an audit of an employee benefit plan. determining the nature and extent ofc our procedures. Opinion In our opinion, the system of quality control for the accounting and auditing practice of Martin Starnes & Associates, CPAS, P.A. in effect fort the year ended December 31, 2020, has been suitably designed and çomplied with to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Firms can receive ar rating of! pass, pass with deficiencylies) or fail. Martin Starnes & Associates, CPAS, P.A. has received aj peer review rating of pass. Komee Wadlan + Hyhy LLP Koonce, Wooten & Haywood, LLP May 4, 2021 Ralelgh 4060 Barrett Drive Post Office Box 17806 Raleigh, North Carolina 27619 919 7829265 9197838937FAX Durham 3500 Westgate Drive Suite 203 Durham, North Carolina 27707 919354.2584 9194 4898183FAX Pittsboro 5791 West Street: Post Office Box 1399 Pittsboro, North Carolina 27312 919 542 6000 9195425764FAX Smithfield 212 East Church Street Post Office Box 2348 Smithfield, North Carolina 27577 919934:1121 9199341217FAX MARTIN & STARNES & ASSOCIATES, CPAS, P.A. "A Professional. Association of Certified. Public. Accountants and Management Consultants" February 5, 2024 S. Wade Furches, Finance Director City of Salisbury POI Box 479 Salisbury, NC28145-479 The following represents our understanding of the services we will provide the City of Salisbury. You have requested that we audit the governmental activities, the business-type activities, the discretely presented component unit, each major fund, and the aggregate remaining fund information of the City of Salisbury, NC, as of June 30, 2024, and for the year then ended, and the related notes to the financial statements, which collectively comprise the City of Salisbury's basic financial statements as listed in the Ina addition, we will audit the entity's compliance over major federal and state award programs fort thej period ended June 30, 2024. We are pleased to confirm our acceptance and our understanding of this audit engagement by means of this letter. Our audits will be conducted with the objectives of our expressing an opinion on each opinion unit and an opinion on compliance regarding the entity's major federal and state award programs. The objectives of our audit of the financial statements are to obtain reasonable assurance about whether thei financial statements as a whole are: free from material misstatement, whether due toi fraud orerror, and to issue an auditor's report that includes our opinion. Reasonable assurance is al high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with auditing standards generally accepted in the United States of America (GAAS) and in accordance with Government. Auditing Standards will always detect a1 material misstatement when ite exists. Misstatements, including omissions, can arise from fraud or error and are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made bya The objectives ofour compliance audit aret to obtain sufficient appropriate audit evidencei toi form an opinion and report at the level specified in the governmental audit requirement about whether the entity complied in all material respects with the applicable compliance requirements and identify audit and reporting requirements specified in the governmental audit requirement that are supplementary to GAAS and Government Auditing Standards, ifany, and perform procedures to address those requirements. table ofc contents. reasonable user based on the financial statements. 7301 13th Avenue Drive SE Hickory, NC28602 + 828-327-2727 + Fax 828-328-2324 13 South Center Street * Taylorsville, NC28681 * 828-632-9025 + Fax 828-632-9085 800-948-0585 * wmarinstarnes.com Accounting principles generally accepted in the United States of America require that certain supplementary information be presented to supplement the basic financial statements. Such information, although not aj part ofthel basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the required supplementary information (RSI) in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist primarily of inquiries of management regarding their methods of measurement and presentation, and comparing the information for consistency with management's responses to our inquiries. We will not express an opinion or provide any form of assurance on the RSI. The following RSI is required by accounting principles generally accepted in the United States of America. This RSI will be subjected to certain limited procedures but will not be audited: Management"* 's Discussion and Analysis Other Post-Employment Benefits' schedules Law Enforcement Officers' Special Separation Allowance schedules Local Governmental Employees' Retirement System'ss schedules Supplementary information other than RSI will accompany the City of Salisbury's basic financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the basic financial statements and certain additional procedures, including comparing and reconciling the supplementary information to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and additional procedures in accordance with auditing standards generally acceptedi int the United States of America. Weintend toj provide an opinion on the following supplementary information in relation to the financial statements as a whole: Combining and individual fund financial statements Schedule of Expenditures of Federal and State. Awards Schedule of Expenditures of Federal and State. Awards Budgetary schedules Other schedules We will subject the Schedule of Expenditures of Federal and State Awards to the auditing procedures applied in our audit ofthel basic financial statements and certain additional procedures, including comparing and reconciling the schedule to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and additional proceduresi in accordance with auditing standards generally accepted in the United States of America. Wei intend to provide an opinion on whether the Schedule of Expenditures of Federal and State Awards is presented fairly in all material respects in Also, the document we submit to you will include the following other additional information that will not bes subjected to the auditing procedures applied in our audit oft the basic financial statements: relation to the financial statements as a whole. Introductory section Statistical section your financial statements. We will make reference to the component unit auditor's audit of Downtown Salisbury, Inc. in our report on Page 2 of10 Data Collection Form (ifapplicable) Prior to the completion ofc our engagement, we will complete the sections oft thel Data Collection Form that are our responsibility. The form will summarize our audit findings, amounts and conclusions. It is management's responsibility to submit a reporting package including financial statements, Schedule of Expenditures ofFederal and State Awards, summary schedule of prior audit findings and corrective action plan along with the Data Collection Form to the Federal Audit Clearinghouse. The financial reporting package must be text searchable, unencrypted, and unlocked. Otherwise, the reporting package will not be accepted by the Federal Audit Clearinghouse. We will assist you in the electronic submission and certification. You may request from us copies of our report for you to include with the reporting package The Data Collection Form is required to be submitted within the earlier of 30 days after receipt of our auditors' reports or nine months after the end of the audit period, unless specifically waived by a federal cognizant or oversight agency for audits. Data Collection Forms submitted untimely are one ofthe factors submitted to pass-through entities. ina assessing programs at al higher risk. Audit of thel Financial Statements We will conduct our audit in accordance with auditing standards generally accepted in the United States of America (U.S. GAAS), the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General oft the United States of America; the audit requirements of Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements. for Federal Awards (Uniform Guidance) and the State Single Audit Implementation Act. As part of an audit of financial statements in accordance with GAAS and in accordance with Government Auditing Standards, we exercise professional judgment and maintain professional skepticism throughout the audit. Wealso: Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, design and perform audit procedures responsive to those risks, and obtain audit evidence that is sufficient and appropriate to provide a basis for our opinion. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override Obtain an understanding ofi internal control relevant to the audit inc order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. However, we will communicate to you in writing concerning any significant deficiencies or material weaknesses in internal control relevant to the Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements, including the disclosures, and whether the financial statements represent the Conclude, based ont the audit evidence obtained, whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the City of Salisbury's ability to continue as a Because ofthei inherent limitations of an audit, together with thei inherent limitations ofinternal control, an unavoidable risk that some material misstatements may not be detected exists, even though the audit is properly planned and performed in accordance with GAAS and Government Auditing Standards of the Comptroller General of the United States of America. Please note that the determination of abuse is subjective and Government Auditing Standards does not require auditors to detect abuse. ofinternal control. audit oft the financial statements that we. have identified during the audit. underlying transactions and events in ai manner that achieves fair presentation. going concern for ai reasonable period of time. Page 3of10 Our responsibility as auditors is limited tot the period covered by our audit and does not extend to any other We will issue a written report upon completion of our audit of the City of Salisbury's basic financial statements. Ouri report will be addressed to the governing body ofthe City of Salisbury. Circumstances may arise in which our report may differ from its expected form and content based on the results of our audit. Depending on the nature of these circumstances, it may be necessary for us to1 modify our opinions, add an emphasis-ol-matter. or other-matter paragraph(s) to our auditor's report, ori ifi necessary, withdraw from the engagement. If our opinions on the basic financial statements are other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or toi issue a1 report as ai result ofthis Ina accordance with the requirements of Government. Auditing Standards, we will also issue a written report describing the scope of our testing over: internal control over financial reporting and over compliance with laws, regulations, and provisions of grants and contracts, including the results of that testing. However, providing an opinion on internal control and compliance over financial reporting will not be an objective periods. engagement. oft the audit and, therefore, no such opinion will be expressed. Audit of Major Program Compliance Our audit oft the City ofSalisbury's1 major federal and state award program(s) compliance willl be conducted in accordance with the requirements oft the Single Audit Act, as amended, the Uniform Guidance, and the State Single Audit Implementation Act, and will include tests of accounting records, a determination of major programs in accordance with the Uniform Guidance and the State Single Audit Implementation Act and other procedures we consider necessary to enable us to express such an opinion on major federal and state award program compliance and to render the required reports. We cannot provide assurance that an unmodified opinion on compliance willl be expressed. Circumstances may arisei in which iti is necessary for The Uniform Guidance and the State Single Audit Implementation Act require that we also plan and perform the audit to obtain reasonable assurance about whether material noncompliance with applicable laws and regulations, thej provisions of contracts and grant agreements applicable to major federal and state award programs, and the applicable compliance requirements occurred, whether due to fraud or error, and express an opinion on the entity's compliance based on the audit. Reasonable assurance is al high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS, Government Auditing Standards, the Uniform Guidance, and the State Single Audit Implementation Act will always detect material noncompliance when it exists. The risk of not detecting material noncompliance resulting from fraud is higher than for that resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Noncompliance with the compliance requirements is considered material if there is a substantial likelihood that, individually ori in the aggregate, it would influence thej judgment made by ai reasonable user of the report on compliance about the entity's compliance with the requirements of the federal or state As] part ofa compliance audit in accordance with GAAS and Government Auditing Standards, we exercise professional judgment and maintain professional skepticism throughout the audit. We also identify and assess the risks of material noncompliance, whether due to fraud or error, and design and perform audit Our procedures will consist ofc determining major federal and state programs and, performing the applicable procedures described in the U.S. Office ofl Management and Budget OMB Compliance Supplement for the us to modify our opinion or withdraw from the engagement. programs as a whole. procedures responsive to those risks. Page 4 of10 types of compliance requirements that could have a direct and material effect on each oft the entity's major programs, and performing such other procedures as we consider necessary in the circumstances. The purpose of those procedures will be to express an opinion on the entity's compliance with requirements applicable to each of its major programs in our report on compliance issued pursuant to the Uniform Also, as required by the Uniform Guidance and the State Single Audit Implementation Act, we will obtain an understanding ofthe entity'sinternal control over compliance: relevant to the audit in order to design and perform tests of controls to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each oft the entity's major federal and state award programs. Our tests will be less in scope than would be necessary to render an opinion on these controls and, accordingly, no opinion will be expressed in our report. However, we will communicate to you, regarding, among other matters, the planned scope and timing of the audit and any significant deficiencies and material weaknesses in internal We will issue a report on compliance that will include an opinion or disclaimer of opinion regarding the entity'si major federal ands state award programs, and ai report oni internal controls over compliance that will report any significant deficiencies andi material weaknesses identified;1 however, suchi report will note express Guidance and the State Single Audit Implementation Act. control over compliance that we. have identified during the audit. an opinion on internal control. Management's Responsibilities Our audit will be conducted on the basis that management and, when appropriate, those charged with 1. For thej preparation and fair presentation of the financial statements in accordance with accounting 2. For the design, implementation, and maintenance of the system ofinternal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, 3. Fori identifying, ini its accounts, all federal ands state awards received and expended duringt the period 4. For maintaining records that adequately identify the source and application of funds for federal and 5. For preparing the Schedule of Expenditures of Federal and State Awards (including notes and noncash assistance received) in accordance with the Uniform Guidance and State Single Audit 6. For designing, implementing, and maintaining effective internal control over federal and state awards that provides reasonable assurance that the entity is managing federal and state awards in compliance with federal and state statutes, regulations, and the terms and conditions of the federal 7. For identifying and ensuring that the entity complies with federal and state laws, statutes, regulations, rules, provisions of contracts or grant agreements, and the terms and conditions of federal and state award programs, and implementing systems designed to achieve compliance with applicable federal and state statutes, regulations and the terms and conditions of federal and state 8. For disclosing accurately, currently and completely the financial results of each federal and state 9. For identifying and providing report copies of previous audits, attestation engagements, or other studies that directly relate tot the objectives oft the audit, including whetherrelated recommendations governance, acknowledge and understand that they have responsibility: principles generally accepted in the United States of America; whether due to fraud or error; state funded activities; Implementation Act; and state awards; and the federal and State programs under which they were: received; award programs; award in accordance with the requirements of the award; havel been implemented; 10. For taking prompt action when instances ofnoncompliance are identified; Page 5of10 11. For addressing the findings and recommendations of auditors, for establishing and maintaining a process to track the status of such findings and recommendations and taking corrective action on reported audit findings from prior periods and preparing a summary schedule of prior audit 12. For following up and taking corrective action on current year audit findings and preparing a 13. For submitting the reporting package and data collection form to the appropriate parties; 14. For making the auditor aware of any significant contractor relationships where the contractor is a. Access to all information ofv which management is aware thati is relevant to thej preparation: and fair presentation of the financial statements including the disclosures, and relevant to federal and state award programs, such as records, documentation, and other matters; b. Additional information that we: may request from management for the purpose of the audit; Unrestricted access toj persons within the entity from whom we determine iti necessary to obtain d. A written acknowledgement of all the documents that management expects to issue that will bei included int the annual report and thej planned timing and method ofi issuance of that annual . Afinal version of the annual report (including all the documents that, together, comprise the annual report) in a timely manner prior to the date ofthe auditor's report (ifapplicable). 16. For adjusting the financial statements to correct material misstatements and confirming to us int the management representation letter that the effects ofa any uncorrected misstatements aggregated by us during the current engagement and pertaining to the current year or period(s) under audit are immaterial, both individually andi int the aggregate, to the financial statements as a whole; 17. For acceptance of nonattest services, including identifying the proper party to oversee nonattest 18. For maintaining adequate records, selecting and applying accounting principles, and safeguarding 19. For informing us of any known or suspected fraud affecting the entity involving management, employees with significant roles int thes system ofinternal control and others where fraud couldh have 21. For taking reasonable measures to safeguard protected personally identifiable and other sensitive 22. For confirming your understanding of your responsibilities as defined in this letter to us in your With regard to the Schedule of Expenditures of Federal and State Awards referred to above, you acknowledge and understand your responsibility (a) for the preparation of the Schedule ofExpenditures of Federal and State Awards in accordance with the Uniform Guidance and the State Single Audit Implementation Act, (b) to provide us with the appropriate written representations regarding the Schedule of Expenditures of] Federal and State Awards, (c) to include our report on the Schedule ofE Expenditures of Federal and State Awards in any document that contains the Schedule of Expenditures of] Federal and State Awards and that indicates that we have reported on such schedule, and (d) to present the Schedule of Expenditures of Federal and State Awards with the audited financial statements, ori ifthe schedule will not be presented with the audited financial statements, to make the audited basic financial statements readily available to the intended users of the Schedule of Expenditures of Federal and State Awards no later than As] part of our audit process, we will request from management and, when appropriate, those charged with governance, written confirmation concerning representations made to us in connection with the audit. findings; corrective action plan for such findings; responsible for program compliance; 15. Toj provide us with: audit evidence. report (ifapplicable); and work; assets; amaterial effect on compliance; information; and 20. For the accuracy and completeness of alli information provided; management representation letter. the date ofi issuancel by you of the schedule and our report thereon. Page 6 of10 Wet understand that your employees willj prepare all confirmations wei request and willl locate any documents Ify you intend to publish or otherwise reproduce the basic financial statements and make reference to our firm, you agree to provide us with printers' proofs or masters for our review and approval before printing. You also agree to provide us with a copy of the final reproduced material for our approval before it is or invoices selected by us for testing. distributed. Nonattest Services Wewill perform the following nonattest services: Preparation ofLGC's data input worksheet Preparation ofa auditor portions of Data Collection Form (ifapplicable) We will not assume management responsibilities on behalf oft the City of Salisbury. However, we will provide advice and recommendations to assist management of the City of Salisbury in performing its The City of Salisbury's management is responsible for (a) making all management decisions and performing all management functions; (b) assigning a competent individual to oversee the services; (c) evaluating the adequacy of the services performed; (d) evaluating and accepting responsibility for the results of the services performed; and (e) designing, implementing, and maintaining the system ofinternal responsibilities. control, including thej process used to monitor the system ofi internal control. Our responsibilities and limitations oft the nonattest services are as follows: We will perform the services in accordance with applicable professional standards. The nonattest services are limited to the services previously outlined. Our firm, in its sole professional judgment, reserves the right toi refuse to do any procedure or take any action that could be construed as making management decisions or assuming managementi responsibilities, including determining account coding and approving. journal entries. Other Matters During the course of the engagement, wei may communicate with you or your personnel via fax or e-mail, and yous should be aware that communication int those mediums contains ai risk ofmisdirected ori intercepted Regarding the electronic dissemination of audited financial statements, including financial statements published electronically on your Internet website, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read thei information contained in these sites or to consider the consistency of otheri information in the electronic site with the original document. Professional standards prohibit us from being the sole host and/or the sole storage for your financial and non-financial data. As such, it is your responsibility to maintain your original data and records and we cannot be responsible toi maintain such original information. By signing this engagement letter, you affirm that you have all the data and records required to make your books and records complete. During the course of the engagement, a portal will be in place for information to be shared, but not stored. Our policy is to terminate access to this portal after one year. The City is responsible for data backup for business continuity and disaster recovery, and our workpaper documentation is not to be used communications. for these purposes. Page 7of10 Provisions of Engagement Administration and Fees Paula Hodges is the engagement partner for the audit services specified in this letter. Her responsibilities include supervising Martin Starnes & Associates, CPAs, P.A.'s services performed as part of this engagement and signing or authorizing another qualified firm representative to sign the audit report. To ensure that our independence is not impaired under the AICPA Code ofl Professional Conduct, you agree toi inform the engagement partner before entering into any substantive employment discussions with any of our personnel. Audit Fee Our fees for these services are as follows: Single Audit Fees (upt to 3j programs) Charge per major program in excess of3 $ 41,600 3,500 $ 45,100 $ 3,500 Additional Fees: Please note that the fees above include up to 3 major programs, as indicated. The "total amount not to exceed" listed on the audit contract also includes up to 3 major programs. Ifthe total number of major programs exceeds 3 and the "total amount not to exceed" needs tol bei increased, we will prepare an amended contract to include the fees necessary based on thej per program amount listed as additional fees above. Our invoices for these fees will be rendered in four installments as work progresses and are payable upon presentation. In accordance with our firm policies, work may be suspended if your account becomes overdue and may not be resumed until your account is paid in full. Ifwe elect to terminate our services for non-payment, our engagement will be deemed to have been completed upon written notification of termination, eveni ifwel have not completed our reports. You willl be obligated to compensate usi for all time expended and to reimburse us for all out-of-pocket costs through the date oft termination. Wewillnotify youimmediately ofany circumstances we encounter that could significantly: affect this initial fee estimate. Whenever possible, we will attempt to use the City of Salisbury's personnel to assist in the preparation of schedules and analyses of accounts. This effort could substantially reduce our time requirements and facilitate thei timely conclusion oft the audit. Further, we will be available during the year toc consult with you on financial management and accounting matters ofai routine nature. We want our clients to receive the maximum value for our professional services and to perceive that our fees are reasonable and fair. In working to provide you with such value, we find there are certain circumstances that can cause us to perform work in excess of that contemplated in our fee estimate. Following are some of the more common reasons for potential supplemental billings: Changing Laws and Regulations There are many governmental and rule-making boards that regularly add or change their requirements. Although we attempt toj plan our work to anticipate the requirements that will affect our engagement, there are times when this is not possible. We will discuss these situations with you at the earliest possible time in order to make the necessary adjustments and amendments in our engagement. Incorrect. Accounting Methods or Errors in Client Records We base our fee estimates on the expectation that client accounting records are in order sO that our work can! be completed using ours standard testing and accounting procedures. However, should wei findi numerous Page 8 of10 errors, incomplete records, or the application ofi incorrect accounting methods, we will have to perform additional work to make the corrections and reflect those changes int thei financial statements. Failure to Prepare for the Engagement In an effort to minimize your fees, we assign you the responsibility for the preparation of schedules and documents needed for the engagement. We also discuss matters such as availability of your key personnel, deadlines, and work space. Ify your personnel are unable, for whatever reasons, to provide these items as previously agreed upon, it might substantially increase the work we: must do to complete the engagement within the scheduled time. Starting and. Stopping Our Work If we must withdraw our staff because of the condition of the client's records, or the failure to provide agreed upon items within the established timeline for the engagement, we will not be able to perform our work in a timely, efficient manner, as established by our engagement plan. This will result in additional fees, as wei must reschedule our personnel andi incur additional start-up costs. Assistance with Financial Statement Drafting Your personnel is responsible for drafting the financial statements and related notes and the Schedule of Expenditures of Federal and State Awards. Upon completion oft the drafted financial statements, we will review them and return them to you with suggested revisions. Ifs significant assistance is needed to make those revisions, this will result in additional fees based on the amount ofa assistance required. Our fees are based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. Ifsignificant additional time is necessary, we will discuss it with you and arrive at ai new fee estimate before wei incur the additional costs. Our fees for such Government Auditing Standards require that we document an assessment of the skills, knowledge, and experience of management, should we participate in any form of preparation of the basic financial statements and related schedules or disclosures as these actions are deemed ai non-audit service. During the course of the audit, we may observe opportunities for economy in, or improved controls over, your operations. We will bring such matters to the attention of the appropriate level ofr management, either You agree to inform us of facts that may affect the financial statements of which you may become aware during thej period from the date oft the auditor's report to the date the financial statements are: issued. We agree to retain our audit documentation or work papers for a period of at least five years from the date You agree to inform us of facts that may affect the basic financial statements of which you may become aware during the period from the date oft the auditor's report to the date the financial statements are: issued. At the conclusion of our audit engagement, we will communicate to management and those charged with services range from $85-$400 per hour. orally or in writing. ofc our report. governance the following significant findings from the audit: Our view about the qualitative aspects oft the entity' s significant accounting practices; Significant difficulties, ifa any, encountered during the audit; Uncorrected misstatements, other than those we believe are trivial, ifa any; Disagreements with management, ifany; Page 9 of10 Other findings or issues, if any, arising from the audit that are, in our professional judgment, significant and relevant to those charged with governance regarding their oversight oft the financial Material, corrected misstatements that were brought to the attention of management as a result of reporting process; our audit procedures; Representations we requested: from management; Management's consultations with other accountants, ifany; and correspondence, with management. Significant issues, if any, arising from the audit that were discussed, or the subject of The audit documentation for this engagement is the property of Martin Starnes & Associates, CPAs, P.A. and constitutes confidential information. However, we may be requested to make certain audit documentation available tot thel Local Government Commission, Office ofthe State. Auditor, federal or state agencies and the U.S. Government Accountability Office pursuant to authority given to it by law or regulation, or to peer reviewers. Ifrequested, access to such audit documentation will be provided under the supervision of Martin Starnes & Associates, CPAs, P.A.'s personnel. Furthermore, upon request, we may provide copies ofs selected audit documentation to these agencies and regulators. The regulators and agencies mayi intend, or decide, to distribute the copies ofinformation contained therein to others, including Ina accordance with the requirements of Government. Auditing Standards, we. have attached a copy of our latest external peer review report of our firm to the Contract to Audit Accounts for your consideration and Please sign and return a copy of this letter to indicate your acknowledgment of, and agreement with, the arrangements for our audit of the financial statements and compliance over major federal and state award We appreciate the opportunity to be your financial statement auditors and look forward to working with other governmental agencies. files. programs, including our respective responsibilities. you and yours staff. Respectfully, maxtin dtares € Qoxcitw,Cp2s,PA. Martin Starnes & Associates, CPAs, P.A. Hickory, North Carolina RESPONSE: This letter correctly sets forth our understanding. Acknowledged and agreed on behalf oft the City of Salisbury by: Signature: Title: Date: Page 10 of10 Salisbury City Council Agenda Item Request Form Please Select Submission Category: Public Council Manager Staff Requested Council Meeting Date: February 20, 2024 Name of Group(s) or Individual(s). Making Request: Salisbury-Rowan Utilities Name of] Presenter(s): Jason Wilson Requested Agenda Item: Shay Crossing Phase 4 Residential Subdivision Sewer Infrastructure Agreement Description of Requested Agenda Item: Dependable Development, Inc. is developing ai residential subdivision' known as Shay Crossing Phase 4. The development will be located on one parcel ofp property totaling approximately 81 acres near Salisbury, bordered to the north by Crane Creek and to the south by Earnhardt Road. Salisbury-Rowan Utilities (SRU) has determined that providing sewer service to the proposed development requires sewer improvements ancillary to the development; specifically, upgrades to SRU's Crane Inl lieu ofconstructing the required improvements, the developer has requested, and SRU has agreed, that Dependable Development; Inc. be allowed toj pay SRU the estimated value ($77,000) of the required. improvements and allow SRU to complete the required improyements. The amount was calculated by the developer's engineer based on the additional capacity needed at the lift station impacted by the proposed Creek Lift Station. development. Attachments: Yes Fiscal Note: N/A N No Action Requested of Council for Agenda Item: Council to considerauthorizing: the City Manager to éxecute an: agreement with Dependable Development, Inc. for the Shay Crossing Phase 4 sewerinfrastructure Contact Information for Group or Individual: Jason Wilson, Assistant Utilities Director improvements. 704-216-7553, jason.wilson@salsburync.goy RC Consent Agenda (item requires no discussion and will be voted on by Council or removed from the consent agenda tot the regular agenda). Regular Agenda (item to be discussed and possibly voted on by Council) FINANÇE DEPARTME)A INFORMATION: MO Finance: Manager Signature TaaceyKeyps BudgetManagér Signature Head: Ben AEdon STATE OF NORTH CAROLINA COUNTY OF ROWAN AGREEMENT FOR SEWER UTILITY COSTS BETWEEN THE CITY OF SALISBURY, NORTH CAROLINA AND DEPENDABLE DEVELOPMENT, INC. This Agreement for Sewer Utility Costs (the "Agreement"), made this the 30 municipal corporation (the Salisbury"), and Dependable Development, Inc., a North Carolina Corporation (the Developer"), its successors or assigns, (collectively, the day of Jnuon "Parties"). 2024, by and between the City of Salisbury, a North Carolina For and in consideration of the mutual promises set forth in this Agreement, the. Parties do mutually agree as follows: 1, Acknowledgments a. Developer is developing a residential subdivision known as the Shay Crossing Phase 4 (the Development). The Development will be located on one parcel of property totaling approximately 81 acres near Salisbury, North Carolina, bordered to the north by Crane Creek and to the south by Earnhardt Road. The parcel is more particularly identified as Rowan County b. Salisbury owns and operates a regional water and sewer utility known as Salisbury-Rowan Utilities" which serves the area in the vicinity of the C. The Developer desires to install sewer main extensions to serve the d. Salisbury has determined that providing sewer service to the Development requires sewer improvements ancillary to the Development; specifically, upgrades to the Salisbury pump station known as Crane Creek Lift Station. e. In lieu of constructing the required improvements itself, Developer has requested, and Salisbury has agreed, that Developer be allowed. to pay Salisbury the estimated value of the required. improvements and allow Developer acknowledges and agrees that the estimated value of the required improvements shall be paid before Salisburywil issue construction g. This Agreement is authorized pursuant to G.S.S1 162A-201(9)e. h. Salisbury may or may not elect to pay for oversizing beyond that level of service to accommodate the Development in order to accommodate Parcel ID no. 058-088. Development. proposed Development. Salisbury to complete the required improvements. permits. additional potential development within the area. 2. Developer obligations. In consideration of the City's obligations in paragraph 3, Developer. agrees to the following: a. Payment. In consideration of Salisbury's obligation in paragraph 3, and pursuant to G.S. S 162A-201(9)e., Developer agrees to pay Salisbury the lump-sum amount of Seventy Seven Thousand and 0/100 Dollars ($77,000.00) for improvements at the referenced pump: station as shown on ExhibitA A, which is attached and incorporated by reference (the Payment"). The Payment shall be credited to any system development fee charged or b. Timing of Payment. The Payment is due upon the later of:: (a) the Developer's acquisition of Development, or (b) Developer's application for construction permits. Salisbury shall not be required to issue construction to be charged by Salisbury. permits until receiving the full Payment. 3. Salisbury obligations. In consideration of Developer's obligations in paragraph 2, Salisbury agrees to the following: a. Sewer improvements. Salisbury agrees to construct the sewer infrastructure improvements required by the Development. In its sole discretion, Salisbury may elect to construct the minimum infrastructure improvements required by the Development, or may instead elect to use the. Payment toward making more substantial infrastructure improvements. b.) Reservation of capacity. Developer has applied to Salisbury for a construction permit that has been assigned Permit No. S-2022-01. The application, including the sealed construction drawings on which it is based, is incorporated into this Agreement by reference (collectively, the "Construction Permit"). Pursuant to the Construction Permit, Salisbury allocates and reserves a wastewater capacity of6 69,000 gallons per day for the Development. the' following Project Contacts: Salisbury-Rowan Utilities clo Jason Wilson 11 Water Street Salisbury, NC 28144 Dependable Development, Inc. clo Andrew McDonald 2649 Brekonridge Centre Drive Monroe, NC 28110 4. Notice. Any notice allowed or required by this Agreement shall be addressed to Either Party may change the Project Contact by providing notice. to the other party inv writing. 5, Miscellaneous. a. Time of the essence. The Parties acknowledge that timely compliance with their duties under this Agreement is essential to this Agreement. b. No waiver. No waiver by either party of any one or more defaults by the other in the performance of any provisions of this Agreement shall operate or be construed as a waiver of any future default(s) whether of a like or C. Assignment. This Assignment shall be binding upon and shall inure to the benefit of Salisbury and Developer, their respective heirs, suçcessors, legal representatives and permitted assigns. Developer may assign its rights and obligations hereunder, in which case, such assignment shall relieve Developer of its obligations hereunder, and the assignee. of Developer shall accede to the rights and obligations of Developer d. Amendments in writing. This Agreement may be amended only in a written document signed by authorized representatives of both Parties. e. Governing law. North Carolina law will govern the interpretation and Entire agreement. This Agreement constitutes and expresses the entire agreement and understanding: between the Parties concerning its subject matter. This Agreement supersedes all prior and contemporaneous discussions, promises, representations, agreements and understandings relative to the subject matter of this Agreement. To the extent there may be any conflict between a provision of this Agreement and a provision of a document incorporated by reference herein, the terms of this Agreement g. Safe harbor. The Parties acknowledge and agree that this Agreement is intended to meet and comply with the System Development Fee requirements found in Article 8 of Chapter 162A of the North Carolina General Statutes and all present and future valid and applicable laws, rules, regulations, and statutes of any governmental authority having jurisdiction. To the extent the terms of this Agreement require amendment to comply with any applicable law, rule, regulation, orstatute, the Parties agree to work h. Severability. If any provision of this Agreement shall be declared invalid or unenforceable and the Parties do not reach an agreement in writing that the remainder of the Agreement shall continue in full force and effect, then the. Parties will work in good faith to negotiate and enter into an agreement that corrects the invalid or unenforceable provision and that faithfully Counterparts and execution. This Agreement may be executed in any number of counterparts, each of which will be deemed an original but all of which together will constitute one and the same instrument. The Parties agree that computer scanned and/or faxed signatures or copies of this Agreement will have the same validity and force as an "original." Authority to enter Agreement. The person(s) executing this Agreement on different character. hereunder. construction: of the Agreement. will control. ing good faith to effect such amendment. implements the intent of this Agreement. behalf of the Parties have authority to do SO as an official, binding act of the IN WITNESS WHEREOF, the Parties hereto have made and executed this respective Party. Agreement as oft the day and year first above written. CITY OF SALISBURY A North Carolina Municipal Corporation By: ATTEST: Jim Greene, Jr., City Manager Connie Snyder, City Clerk DEPENDABLE DEVELOPMENT, INC. A North Carolina Corporation CL Wht Johnathan M. McCall, COO By: STATE OF Novtt Caroline COUNTY OF. DAniur 1 Gvefzhe Pescow a Notary Public of the County and State aforésaid, do hereby certify that Jhnathcs M MccaLe before me this day and acknowledged that he/she is personally came Coo of DEPENDABLE DEVELOPMENT, INC, a North Carolina Corporation, and that he/she by. authority duly given signed the foregoing instrument as an act of the corporation. Witness my hand and official and official stamp or seal, this the 36 day. of GALG 2024. A PUBLIC MOY COUNT Salisbury City Council Agenda Item Request Form Please Select Submission Category: Public Council Manager X Staff Requested Council Meeting Date: February 20, 2024 Name ofGroup(s) or Individual(s) Making Request: City Attorney Name of Presenter(s): Graham Corriher Requested Agenda Item: Council to considera one-year extension to an existing economic incentive grant. Description of Requested Agenda Item: In April 2022, City Council approved an economic incentive grant for the' Trammell Crow Company (ICO.TCCanticpated investing $351 million tol builda a distribuiommamufhaeturing facility on a 96-acre site near Henderson Grove Church Road. The economic incentive grant was equivalent to 90% oft the new: real property taxes paid over a period oft three years. The value oft the grant was $680,022, all of which would come out oftax revenue paid by TCC once the project is complete. The total net revenue to the City over a 10-year period was anticipated to be $1,838,578. Due to various factors, including the discovery of wetlands that required the project to be redesigned- the project has been delayed. The anticipated investment remains the same. TCC is continuing to work on the project but does not expect to meet the original deadline. The original deadline in the incentive contract required that the improvements be completed by January 1, 2025. TCC has requested a one-year extension, until January 1, 2026. City staff continues to supports this economic development project for the same reasons as when it was approved- substantial tax revenue and job creation in the City- and recommends that City Council approve the one-year extension. No further extensions will be considered by the City. Attachments: XYes No Fiscal Note: (Iffiscal note requires approval by finance department because item exceeds $100,000 or is related tog grant! funds, please fill outs signature Action Requested ofCouncil: for Agenda Item: Council to amend an existing economic development agreement blocks for finance at bottom of form and provides supporting documents) to extend the completion date by one year, from January 1, 2025, to. January 1,2026. Contact Information for Group or Individual: Graham Corriher (704)638-5309 XC Consent Agenda (item requires no discussion and will be voted on by Council or removed from the consent agenda to the regular agenda) Regular. Agenda (item to be discussed and possibly voted on by Council) Salisbury City Council Agenda Item Request Form FINANCE DEPARTMENT INFORMATION: & Mpo0. Finance Manager Signature Department Head Signature Taceykeyee Budget Manager Signature *****All agenda items must be submitted at least 7 days before the requested Council meeting date*** For Use in Clerk's Office Only Approved Reason: Delayed Declined NORTH CAROLINA ROWAN COUNTY RELOCATION. ANDI EXPANSION ASSISTANCE, AGREEMENT THIS RELOCATION AND EXPANSION ASSISTANCE AGREEMENT (the between the City of Salisbury, North Carolina, al body politic (hereinafter rreferred to as the "City") and' TC: MidAtlantic Development V, Inc. (hereinafter referred to as the "Company"). "Agreement") is made and entered into as of the day of May,2022February. 2024, by and WITNESSETH WHEREAS, the Company has explored thej possibility of establishing a1 new: facility in the City (the' "Project"), which would increase taxable property in the City and result in the creation of ai number ofj jobs, industrial output, business prospects, and a potential increase in the population in the City; and WHEREAS, the Company has determined that the property located at 01 Henderson Grove Church Road, Salisbury, North Carolina (the "Property"), also identified as Rowan County Tax Parcels 407-014, 407-015, and 407-115, and more particularly described in attached Exhibit A, which is incorporated into this Agreement by reference, is a suitable location for its real property improvements and the development of an approximately 500,000 square foot industrial facility known as. Metro 72 Logistics Center (the "Facility"); and WHEREAS, in order to induce the Company to make improvements on the Property, the Cityis willing to provide, or cause tol bej provided, tot the Company.certain: inducements, upon terms and conditions binding upon the City as set forth herein; and met and agreed to enter into this Agreement; and WHEREAS, prior to beginning any improvement on thel Property, the Company and City WHEREAS, the Company is community-oriented and open to learning about and participating in philanthropic and community events and programs intended to increase the health and happiness of its employees and the greater community as a whole; and the Company will consider participation in the Rowan EDC's Forward Rowan campaign; and WHEREAS, the Company is encouraged, to the extent reasonably possible, to purchase local services and supplies, such as, but not limited to, locally produced products, local hotel, motel and hospitality services, local construction services, and other products and services; WHEREAS, in consideration of the undertakings and agreements set forth herein, approximately $35 million dollars willl be invested by or on behalfoft the Companyi ini real property improvements and the Facility on the Property; and the parties will comply with the covenants and conditions binding upon them as set forth herein, all of which are intended to create a positive economic impact ini the City. NOW THEREFORE, in consideration of the premises and the mutual covenants and agreements set forth herein, and other good and valuable consideration, the receipt and sufficiency ofwhich are acknowledged, the Company and the City hereby agree as follows: NPCHLTI21538996 ARTICLEI CITY INDUCEMENTS The City shall provide financial assistance to the Company through its "Relocation and Expansion Assistance Program", as hereinafter described, with respect to the Company's development oft the Property and other related expenses as follows: 1) The "Relocation and Expansion Assistance Program" will be provided as a "Relocation and Expansion Incentive Grant" ("Grant") to assist the Company with construction and other capital improvements in the City. The Grant will specifically apply to the Property and all real property improvements newly installed and used at the Property ("Facility"). 2) The amount oft the Grant will be computed using the following steps: a) Real Property Valuation. 1) First, for each tax year that the Grant is applicable tot the Property (subject to thel limitations below), the actual assessed tax value oft the real property located at such Property shall be determined ("Applicable Year PV"). Second, in each year for which a grant is to be paid, the following value shall be subtracted from the Applicable Year PV: the amount of the real property value oft the Property assessed (i) as of. January 1, 2022-2024 and (ii) prior to thei investments made by the Company in real property at such property (the "Baseline PV"). The result of this computation in each of the three years for which the grant is to be paid shall be defined as the 11) "New Real PV" for the Property. b) City Property Tax Determination. The amount of real property taxes that shall be paidi in connection with the New Real] PV shall be determined by multiplying thel New Real PV by the then-current City tax rate (excluding county tax rates) applicable in such year. Such amount shall be the "New Project Property' Tax." C), Grant Amount Determination. The amount ofa grant payment in any given year shall be equal to ninety percent (90%) of the New Project Property Tax of any given year (such amount is determined by multiplying 0.90 by the New Project Property 3) The Grant will be structured as aj payment equal to aj portion oft the real property taxes assessed against and actually paid by the Company for thel Property. Such payment of the Grant will be made to the Company. Upon confirmation by the City that the Company has paid its real property taxes for the applicable year, the City shall pay the Grant annually to the Company between January 1s'and. June 30th oft the fiscal year in which the taxes are due. The Grant amount payable to the Company shall be equal to Ninety Percent (90%) oft the City real property taxes (excluding county taxes): paid on the New Real PV by the Company according to Paragraph 2 above at the prevailing Tax). The resulting amount is the Grant for the applicable year. City tax rate for the tax year of the requested Grant. NPCHLTI21538996 4) Tax amounts due on property discovered by the City through its customary audit procedures and not listed by the Company shall be excluded from this Agreement, and the City shall not be responsible for any grant payments on these amounts for any tax year. ARTICLEII SCHEDULE OF CORPORATE IMPROVEMENTS 1) The Company has determined that the Property is a suitable site for location of its Facility. If the Company acquires the Property and proceeds with the Facility, it will acquire all local permits, zoning approvals, and required state and federal permits, as applicable. The Company expects to have the Facility substantially completed by 2) The Company shall receive the Grant for three separate tax years ("Grant Term"). Unless an event triggering thel Force Majeure provision set forth in Article VII herein shall occur, the Grant Term shall commence on property assessed the earlier of (i.) January 1 following the year in which the Facility has been issued a Certificate of Occupancy or( (ii.)January 1, 20252026. Ifthel Facilityl has not beeni issued a Certificate of Occupancy by January 1, 20252026, the Grant shall be based on the percentage complete and assessed for that year; provided, however, that the City shall not be obligated to make any Grant payment ifthe Companyl has not been issued a Certificate ofOccupancy unless the Company can show, to the reasonable satisfaction ofthe City, 3) Any subsequent qualifying expansion oft the Facility by the Company shall be eligible (provided the Relocation and Expansion Assistance Program is still in effect) for consideration as a separate Grant under the Relocation and Expansion Assistance December: 31, 20232025. that the Facility is actively under construction. Program, each for a separate Grant' Term. 5 ARTICLEIII REPRESENTATIONS. WARRANTIES/ ANDCOVENENANTS - COMPANY The Company represents, warrants and covenants to the City, as applicable, as oft the date 1) Standing. The Company is a Delaware company duly organized and existing and in good standing under the laws ofthe State ofDelaware. The Company is authorized to 2) Authority. The Company has the corporate power and authority to own its properties and assets, to carry on its business as it is now being conducted and to execute and 3) Enforceability. This Agreement is the legal, valid and binding agreement of the Company enforceable against the Company in accordance with its terms, except as such enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar state or federal laws, in effect from time to time, which affect oft this Agreement that: dol business in the State ofl North Carolina. perform this Agreement. the enforcement of creditors' rights generally. NPCHLTI21538996 4) No Violations. This agreement does not violate the charter documents or bylaws ofthe Company or any provisions of any indenture, agreement or other instrument to which 5) No Conflicts. This agreement does not conflict with, result in al breach of or constitute an event of default under (or an event which, with notice or lapse of time, or both, would constitute an event of default under) any indenture, agreement or other the Company is aj party. instrument to which the Company is a party. ARTICLEIV REPRESENTATIONS. WARRANTIES/ AND COVENENANIS-CIY The City represents, warrants and covenants to the Çompany, as applicable, as of the date The City (a) has full power and authority to enter into this Agreement and to enter into and carry out the transactions contemplated by this Agreement (b) by proper action has duly authorized the execution and delivery of this Agreement; and (c)i is 2) The City has duly authorized, executed, and delivered this Agreement, and this Agreement constitutes the City'sl legal, valid, and binding obligation, enforceable in 3) There is no litigation or proceeding pending or threatened against the City or affecting it which would adversely affect the validity of this Agreement. 4) The City is not in default under any provision of State law which would affect its 5) Tot the best oft the City'sk knowledge, no officer or official oft the City has any interest (financial, employment, or other) inj the Company or the transactions contemplated 6) With respect to this Agreement, the City has complied fully with all requirements of oft this Agreement that: not in default under any provisions ofthis Agreement. accordance with its terms. existence or its powers as referred to in subsection (1). by this Agreement. N.C. General Statute 158-7.1 et seq. ARTICLEV GENERAL PROVISIONS 1) Governing Law. This Agreement shall be governed and construed under the laws of the State of North Carolina, notwithstanding any rules concerning application of the 2) Assignment. This Agreement shall not be assignable, except that the Company may assign the. Agreement to a buyer or tenant of the Facility with the consent ofthe City, laws ofanother state orj jurisdiction. such consent not tol be unreasonably withheld. NPCHLTI21538996 3) Entire Agreement. This Agreement, and its attachments, constitute the entire agreement ofthej parties, and may not be contradicted by any prior or contemporancous communications of any kind. This Agreement may only be modified by a written instrument that is signed by an authorized representative of each party. 4) Breach. In the event of a breach of this Agreement, the non-breaching party shall provide written notice oft thel breach to thel breaching party, and the party in breach shall have thirty (30) days from the date of notice ofthe breachi to cure its] performance under 5) Waiver. Nothing in this Agreement shall constitute a waiver of any rights that the Company may have to appeal or otherwise contest any listing, appraisal or assessment 6) Force Majeure. Any delay in the performance of any duties or obligations of either party hereunder (the "Delayed Party"). shall not be considered a breach of this Agreement and the time required forj performance shall be extended for aj period equal to the lesser of(a) thej period ofs such delay or (b)24 months, provided that such delay has been caused by or is the result of any acts of God; acts of the public enemy; insurrections; riots; embargoes; labor disputes, including strikes, lockouts, job actions, orboycotts; shortages ofr materials or energy; fires; explosions; floods; changes in laws governing international trades; or other unforeseeable causes beyond the control and without the fault or negligence of the Delayed Party. The Delayed Party shall give prompt notice to the otherpartyofsuch cause, and shall take whatever reasonable steps are necessary to relieve of such cause as promptly as possible. No such event shall excuse the payment of any sums due and payable hereunder on the due date thereof except any payment due upon the occurrence of any act Or event for which delayed 7) Notices.. Allnotices required or allowed by this Agreement shalll be delivered inj person, by overnight courier service (such as Federal Express), by certified mail, return receipt requested, postage prepaid, secure electronic transfers or by fax with written confirmation ofreceipt (with a copy sent by one ofthe other methods specified] herein), addressed to the party or person to whom notice is to be given at the following this Agreement. that the City may make relative to the Properties. performance 1S excused as provided above. addresses: ToCity: Office of the City Manager 132 North Main Street Salisbury, NC28144 Phone: (704) 638-5228 Office oft the City Attorney 1321 North Main Street Salisbury, NC 28144 Phone: (704) 638-5228 With Copy (which does not constitute notice to): To Company: TCI MidAtlantic Development V, Inc. 888 16th Street, NW,Suite. 555 Washington, DC 20006 Attn: Chris Rodriguez Attn: Woody Coley NPCHLTI21538996 To Company Regarding Payment of Grant, also include: With Copy (which does not constitute notice to): Contact for the Grants Ifrequested by the Company Notice shall be deemed to have been given with respect to overnight carrier or certified mail, one (1) day after deposit with such carrier and as to facsimile, on date of transmission, provided additional service is made. The addresses may be changed by giving written notice as provided herein: provided, however, that unless and until such written notice is actually received, the last address stated herein shall be deemed to continue in effect for all purposes hereunder. [Signature page follows] NPCHLTI21538996 IN WITNESS WHEREOF, the City and the Company have caused this Agreement to be executed in quadruplicate originals, int their respective names, by persons duly authorized! by proper authority, and have sealed the same as oft the day and year first above written. TCMidAtlantic Development V, Inc. By: Title: [Corporate Seal] ATTEST: Name (Seal) CITYOFS SALISBURY,NORTHCAROLINA Karen K. Alexander Mayor [Corporate Seal] ATTEST: Connie B. Snyderkell-Baker City Clerk This instrument has been pre-audited in the manner required by thel Local Government Budget and Fiscal Control Act. Wade Furches Finance Director APPROVED AS TOI FORM AND LEGAL SUFFICENCY: J.Graham Corriher City Attorney NPCHLTI21538996 EXHIBITA LEGAL DESCRIPTION OF THEI PROPERTY NPCHLTI21538996 Salisbury City Council Agenda Item Request Form Please Select Submission Category: Public Council Manager X Staff Requested Council Meeting Date: February 20, 2024 Name of Group(s) or Individual(s) Making Request: Planning and Neighborhoods Department Name of Presenter(s): N/A Requested Agenda Item: Certificate of Sufficiency and Resolution - Woodleaf: Road Description of Requested Agenda Item: The Planning and Neighborhoods Department, on behalfof the City Clerk, has investigated the sufficiency of the petition received for the voluntary annexation of 58.07 acres, consisting of parcels 328 050, 328 066, and 328 110i in Rowan County. The petition contains a description oft the proposed annexation area, as well as signatures oft the property owners. Additionally, the following conditions are met: 1. The nearest point on the proposed satellite is not more than three miles from the 2. No point on the proposed satellite is closer to the primary corporate limits ofanother 3. The area is situated such that Salisbury will be able to provide the same services within the proposed satellite corporate limits as are provided within the primary 4. No subdivision, as defined in G.S. 160A-376 will be fragmented by this proposed primary corporate limits of Salisbury. city than to the primary corporate limits of Salisbury. corporate limits. annexation. The petition is, therefore, sufficient in accordance with G.S. 160A-58.1. A public hearing shall be conducted by City Council on March 19th,2024. Attachments: XYes No Fiscal Note: (Iffiscal note requires approval by finance department because item exceeds $100,000 or is related to grant funds, please fill out signature blocks for finance at bottom off form and provides supporting documents) Fiscal impact is unknown at this time. This will be included in the next step oft the process. Action Requested of Council for Agenda Item: (Please note ifitemi includes an ordinance, resolution orp petition) City Council to receive the Certificate ofs Sufficiency and adopt a Resolution setting the date oft the public hearing for March 19th, 2024 for the voluntary annexation of] Parcels 328 050,328 066, and 328 110, Woodleaf Road, totaling 58.07 acres. Contact Information for Group or Individual: Hannah. Jacobson, Planning & Neighborhoods Director 70kas320lammahlaohhom@alabupmegew Consent Agenda (item requires no discussion and will be voted on by Council or removed from the consent agenda to the regular agenda) Regular. Agenda (item to be discussed and possibly voted on by Council) FINANCE DEPARTMENT INFORMATION: Finance Manager Signature Department Head Signature Budget Manager Signature *****All agenda items must be submitted at least 7 days before the requested Council meeting date*** For Use in Clerk's Office Only Approved Declined Reason: ALISELA CERTIFICATE OF SUFFICIENCY FOR ANNEXATION OF WOODLEAF ROAD To the City Council oft the City of Salisbury, North Carolina: 1,Connie B. Snyder, NCCP, City Clerk, do hereby certify that I have investigated the petition for Woodleaf Road, in the 2800 block, Parcels 328 050, 328 066, and 328 110, attached hereto and have found as ai fact that said petitions are signed by all owners ofr real property lying in the area described therein, in accordance with G. S. 160A-58.1. In witness thereof, IH have hereto set my hand and affixed the Seal oft the City of Salisbury, this 4m dayof Jonuary 2024. (SEAL) Couuo f bouypl Connie B. Snyder, NCCP City Clerk OF. E SEAL AN CAROL "RESOLUTION SETTING DATE OF PUBLIC HEARING ON QUESTION OF THE ANNEXATION OF WOODLEAF ROAD, PARCELS 328 050, 328 066, AND: 328 110 PURSUANT TO G.S. 160A-58.1. WHEREAS, petitions requesting the annexation of Parcels 328 050, 328 066, and 328 110 on WHEREAS, certification by the City Clerk as to the sufficiency ofs said petitions has been made; NOW THEREFORE, BEI ITI RESOLVED by the City Council ofthe City of Salisbury, North Woodleaf. Road, as described herein have been received; and Carolina: Section 1. The regularly scheduled March 19th, 2024 City Council meeting will bel held ina hybrid format. Anyone who wishes to speak virtually during thel hearing regarding the request must sign- up by 5:00 p.m. on Tuesday, March 19th, 2024 by contacting Connie Snyder at cmyd@alsbuymegoyor 704-638-5234. Information on accessing the meeting willl be available on the City's website at www.salsburyne.goy. The meeting can also be viewed on the City's livestream at pnegwNckaN or the City's Facebook account. Section 2. The areas proposed for annexation are described as follows: Tract One - Parcel ID:328050 BEGINNING at an existing 3/4-inch iron pipe, said pipe being South 40°51'31" East, a distance of 2034.30 feet from a concrete monument - ENON (FA2658) located in thes south margin oft the intersection of Enon Church Road (SR 1944) and Woodleaf Road (SR 2048); Thence from said point of beginning, North 53°22'44" East, a distance of475.59 feet to an existing 1/2-inch rebar; Thence North 38035'13" West, a distance of284.70: feet to an existing 5/8 inchi iron rod; Thence North 50°46'23" East, a distance of428.47: feet to an existing 1-inch: iron shaft; Thence North 79°04'07" East, a distance of217.22 feet to an existing 3-inch axle; Thence North 02°22'02" East, a distance of6 673.71 feet (passing an existing 5/8-inch rebar at 463.23') to an existing 1 and 1/2- inch iron pipe (said pipe is located beside stump hole ofl large fallen tree); Thencel North 06°11'48" East, a distance of6 6.44 feet to the centerline of an unnamed branch; Thence with the centerline of said branch the following forty-eight courses and distances: (1): South 65°19'08" East, a distance of 42.66 feet to aj point; (2) South 42°51'34" East, a distance of 85.49 feet to aj point; (3) South 77034'00" East, a distance of 52.50: feet to a point; (4) South 70°54'42" East, a distance of70.01 feet to aj point; (5) South 72°37'35" East, a distance of 54.85 feet to aj point; (6) South 68056'17" East, a distance of42.20: feet to a point; (7) South 73053'39" East, a distance of 126.28 feet to aj point; (8) South 74°43'54" East, a distance of71.68 feet to aj point; (9) South 6101247" East, a distance of27.56 feet to aj point; (10) South 7503931" East, a distance of 71.85 feet to aj point; (11) South 70°29'22" East, a distance of78.30: feet to aj point; (12) South 79°33'26" East, a distance of 32.85 feet to aj point; (13) South 7503038" East, a distance of 50.91 feet to aj point; (14) South 80°31'55" East, a distance of 53.94 feet to a point; (15) North 87°15'39" East, a distance of 70.40: feet to aj point; (16) North 83°44'12" East, a distance of 90.72 feet to aj point; (17) South 79925'51" East, a distance of 23.07 feet to a point; (18) North 87°05'05" East, a distance of 36.09 feet to aj point; (19) North 84°12'35" East, a distance of 79.25 feet to aj point; (20) North 83°01'06" East, a distance of34.68 feet to aj point; (21) South 41°49'50" East, a distance of 12.461 feet to aj point; (22) North 74°33'18" East, a distance of23.661 feet to a point; (23) South 89°21'19" East, a distance of22.07 feet to a point; (24) South 59°33'23" East, a distance of22.45 feet to a point; (25) North 46°53'41" East, a distance of 9.60: feet to aj point; (26) South 800°52'38" East, a distance of 33.24 feet to aj point; (27) South 77°48'31" East, a distance of 65.41 feet to a point; (28) South 78°22'28" East, a distance of33.21 feet to aj point; (29) South 48°41'02" East, a distance of25.42 feet to aj point; (30) South 67°17'12" East, a distance of 52.01 feet to aj point; (31) South 42°04'59" East, a distance of 20.48 feet to aj point; (32) South 69°25'13" East, a distance of 107.94 feet to a point; (33) South 02°53'46" West, a distance of42.151 feet to aj point; (34) North 87059'55" East, a distance of 15.17 feet to aj point; (35) South 7304439" East, a distance of35.32 feet to aj point; (36) South 32°11'31" West, a distance of 7.39 feet to aj point; (37) South 44°08'14" East, a distance of 80.88 feet to a point; (38) South 37°36'42" East, a distance of 60.89 feet to aj point; (39) South 11°19'14" West, a distance of 24.10 feet to aj point; (40) South 42°08'50" East, a distance of 68.70: feet to aj point; (41) North 25010'01" East, a distance of 59.68 feet to aj point; (42) North 79936'08" East, a distance of 36.62 feet to a point; (43) South 49°22'49" East, a distance of22.85: feet to aj point; (44) South 09°32'31" East, a distance of 17.90 feet to aj point; (45) South 66°32'59" East, a distance of27.20 feet to aj point; (46) South 32°10'28" East, a distance of 29.01 feet to aj point; (47) South 59°35'43" East, a distance of1 19.10 feet to a point; (48) South 33°37'30" Thence leaving the centerline ofs said branch, South 07°14'25" West, a distance of 10.54 feet to an existing 3/4-inch bolt in the base ofal hickory tree; Thence South 0503838" West, a distance of 413.19: feet to an existing 1 and 1/2-inchi iron pin; Thence North 86°36'33" West, a distance of286.68 feet to an existing 1-inch iron pipe (beside al laid overs stone monument); Thence North 86°40'03" West, a distance of 890.67: feet to an existing 3/4-inch iron pipe; Thence North 04029'30" East, a distance of6.70: feet to an existing 1/2-inch rebar; Thence North 87°1711" West, a distance of 604.75 feet to an existing 3/4-inch iron pipe; Thence South 53°34'42" West, a distance of 481.35 feet to an existing 3/4-inch iron pipe; Thence South 53°22'43" West, a distance of4 475.17: feet to an existing 3/4-inch iron pipe; Thence South 53°15'19" West, a distance of30.171 feet to ai mag nail set int the centerline of WoodleafRoad; Thence with the centerline of Woodleaf Road, North 39°08'34" West, a distance of 59.79 feet to a mag nail set int the centerline Woodleaf. Road; Thence leaving the centerline of Woodleaf. Road, North 52°51'31" East, a distance of 30.24 feet to the true POINTOF BEGINNING, containing 36.698 acres as shown upon the survey and map entitled "Boundary Survey for Fiorenza" made by Colliers Engineering and Design, Architecture, Landscape, Surveying, CTI P.C., BEGINNING at an existing 3/4-inch iron pipe, said pipe being South 40°48'26" East, a distance of 2094.27 feet from a concrete monument ENON (FA2658) located in the south margin ofthe intersection of Enon Church Road (SR 1944) and Woodleaf Road (SR 2048); Thence from said point of beginning, North 53022'43" East, a distance of4 475.17: feet to an existing 3/4-inch iron pipe; Thence North 53034'42" East, a distance of 481.35 feet to an existing 3/4-inch iron pipe; Thence South 38°2759" East, a distance of756.30 feet to an existing stone monument; Thence South 51°11'58" West, a distance of25.06 feet to an existing 1/2-inch rebar; Thence South 51°12'28" West, a distance of 869.70 feet to an existing stone monument; Thence South 05009'24" East, a distance of 44.93 feet to an existing 3/4-inch ironj pipe; Thence South 05°07'10" East, a distance of47.671 feet to ai mag nail set in the centerline of Woodleaf. Road; Thence with the centerline of said Woodleaf Road the following two courses and distances: (1) North 42°58'18" West, a distance of 458.20: feet to ai mag nail set; (2) North 39°05'19" West, a distance of415.38 feet to a mag nail set; Thence leaving the centerline of said Woodleaf Road, North 53°15'19" East, a distance of 30.171 feet to the true. POINT OF BEGINNING, containing 17.432 acres as shown upon the survey and map entitled "Boundary Survey for Fiorenza" made by Colliers Engineering and Design, Architecture, Landscape, Surveying, CT P.C., dated. January 29, 2024, and being Tract Two as shown thereon. BEGINNING at an existing 5/8-inch rebar, said rebar being South 40°18'57" East, a distance of 1604.66 feet from a concrete monument - ENON (FA2658). located in thes south margin of the intersection of Enon Church Road (SR 1944) and Woodleaf Road (SR 2048); East, a distance of 19.82 feet to aj point; dated January 29, 2024, and being' Tract One as shown thereon. Tract Two-] Parcel ID:328066 Tract Three - Parcel ID: 328 110 Thence from said point of beginning, North 53°22'41" East, a distance of 479.82 feet to an existing 3/4-inch iron pipe; Thence South 38°35'17" East, a distance of 145.03 feet to an existing 5/8-inch iron rod; Thence South 38°35'13" East, a distance of 284.70 feet to an existing 1/2-inch rebar; Thence South 53°22'44" West, a distance of4 475.59 feet to an existing 3/4-inch iron pipe; Thence South 52°51'31" West, a distance of 30.24 feet to a mag nail seti in the centerline Woodleaf Road; Thence with the centerline of Woodleaf Road, North 39°08'28" West, a distance of430.15 feet to a magi nail seti int the centerline Woodleafl Road; Thence leaving the centerline ofs said Woodleaf Road, North 53°22'41" East, a distance of30.18 feet tot the true POINT OF BEGINNING, containing 5.008 acres as shown upon the survey and map entitled" "Boundary Survey for Fiorenza" made by Colliers Engineering and Design, Architecture, Landscape, Surveying, CTI P.C., dated. January 29, 2024, and being Tract Three as shown thereon. Section 3. Notice ofsaid public hearing shall bej published in the SALISBURY POST at least (10) days prior to the date ofs said public hearing." Karen K. Alexander Mayor ATTEST: Connie B. Snyder, NCCP City Clerk DigiSign Verified 02895029.b029-cdb.22b-282a2440de2 ALISE Date: 11/28/23 PETITION: REQUESTING VOLUNTARY ANNEXATION Parcel 328 110,328 066, 328 050 WoodleafRoad We the undersigned owners of real property respectfully request that the area described on the attached documents be annexed into the City of Salisbury. By signing this petition, we understand that the following conditions are the responsibility oft the petitioners. Failure to meet the conditions may delay 1. Thej petition must bes signed by all owners of real property int the area described and shall contain the 2. The petition must include ar metes and bounds description oft the area tol be annexed and aj preliminary annexation boundary survey prepared by a Registered Land Surveyor. Two original mylars ofthe final annexation boundary survey shall be completed after consultation with the City. 3. Ifthe area is not contiguous to the primary City limits, the petition shall include documentation that: a)Thei nearest point oft the described areai is not more than three miles from the primary City limits. b) Noy pointo on the described boundaryi is closer to anothermunicipality than to the City of Salisbury. c) No subdivision, as defined in GS 160A-376, will be fragmented by the proposed annexation. 4. Upon the effective date of annexation and thereafter, the describedcitizens and property shall be subject to municipal taxes and to all debts, laws, ordinances and regulations ini force in the City of Salisbury and shall be entitled to the same privileges and benefits as other citizens andj property in the ori invalidate the request: address of each property owner. City of Salisbury. Property Identification TM328 PCL 110 TM328 PCL050 Printed Name George Dillard & Signature Geonge Dilland Beuenly Dillandi Owner's Address 2800 Woodleaf Road SALISURYNC2H1939 (tax number or street address) (andt title ifbusiness entity) TM328 PCL066 Beverly Dillard (Attach additional petition forms ifneeded) Form Revised 2-08 Contact Person Bridget McClellan For Office Use Only: Contiguous per GS 160A-31 Telephone Number (704)649-6601 Total number of parcels 3 Number Signed 3 % Signed /00 Date Returned 1124/23 or Non-contiguous' "satellite" per GS 160A-58 V (check one) CITY OFSALISBURY P.O. BOX479,SALSBURY, NORTHCAROLINA 28145-0479 Colliers Engineering &Design, - * MASER H "Preliminary Plat Notfor recordation, conveyances, ,orsales" E E ES LINEDATA LINEDATA LINEDATA SEGMENT DIRECTON LENGTH SEGMENT DIRECTON LENGTH SEGMENT DIRECTON LENGTH 122 57-3018E 50.91 L43 S383517E 123 S803SS'E 5394 L44 S7439E 53-215 8715'39"E L45 s323w NBSIRE SHFOSIE NS:1627E 23.07 s5a S51'S8 M870SOSE STrI9IM 2410 N8123SE SFCar S50710'E 4767 M2SIOOTE NGT48E 6.44 L30 S4149'S0E W79-36'08E 42.66 N7318E $4912241E 22.85 2513E $89-2119E S933TE 52.50 22.45 $66'3259'E 54.85 8052 33.24 S77-48 LEGEND SURVEY FIORENZA E BREVIATIONS DEDEOGTOISPAGESNE SURVEY EE Salisbury City Council Agenda Item Request Form Please Select Submission Category: Public Council Manager X Staff Requested Council Meeting Date: February 20, 2024 Name ofGroup(s) or Individual(s) Making Request: Finance Department Name of Presenter(s): Mark Drye Requested. Agenda Item: Council to adopt a Resolution declaring specific equipment as surplus and to authorize the sale of personal property deemed to be surplus that could exceed $30,000 Description of Requested Agenda Item: The Fleet Department identified a piece of equipment that has reached its useful life for the City. This item is WM21501, a 2015 Freightliner M2 106 Garbage Truck. Resolution 2009-15 authorized the "Purchasing Manager" to sell items valued under $30,000 by electronic auction. This item could potentially sell for more than $30,000 which would require City Council approval. Attachments: XYes Fiscal Note: No Action Requested of Council for Agenda Item: Adopt a Resolution declaring specific equipment as surplus and authorize the sale of WM21501, a 2015 Freightliner M2 106 Garbage Truck on GovDeals.com. Contact Information for Group or Individual: Mark Drye, Finance Manager/interim Purchasing Manager Consent Agenda (item requires no discussion and will be voted on by Council or removed from the consent Regular Agenda (item to be discussed and possibly voted on by Council) Announcement agenda to the regular agenda) FINANCE DEPARTMENT INFORMATION: M.DO0 Finance Manager Signature e Budget Manager Signature SWadefuchas Department Head Signature ****All agenda items must be submitted at least 7 days before the requested Council meeting date*** For Use in Clerk's Office Only Approved Delayed Declined RESOLUTION, AUTHORIZING SALEOF: SURPLUS PROPERTY WITH POTENTIAL VALUE OF $30,000 OR MORE WHEREAS, N.C.G.S. 160A-266 authorizes municipal governments to dispose ofr real or WHEREAS, N.C.G.S. 160A-270 authorizes City Council to conduct electronic auctions WHEREAS, City Council approval is required fori items with a value of$30,000 or WHEREAS, the City owns surplus property that has been fully depreciated and reached WHEREAS, below listed item will be advertised by electronic means on the electronic personal property by public auction; and for real or personal property and advertise such auctions electronically; and more; and the end ofi its useful life; and auction website; and Equipment# WM21501 Description 2015 Freightliner M2 106 Garbage Truck WHEREAS, City Council is givingapproval to sell to thel highest bidder; and WHEREAS, proceeds ofthe sale will be returned to the proper Fund as dictated by NOW,THEREFORE, BE: IT RESOLVED that the City Council of the City of Salisbury hereby authorizes the Purchasing Coordinator to sell the above-listed assets by electronic auction and to execute any and all documents required to sell the asset to the highest where the asset is being held. bidder. Adopted this the 20"h day ofl February 2024. Karen Alexander, Mayor ATTEST: Connie B. Snyder, City Clerk Salisbury City Council Agenda Item Request Form Please Select Submission Category: Public Council Manager X Staff Requested Council Meeting Date: 02/20/2024 Name ofGroup(s) or Individual(s) Making Request: Land and Development Services Name of Presenter(s): Victoria Bailiff, Senior Planner Requested Agenda Item: Z-03-2023 - OLincolnton Road/P Parcel ID 061 009 Description of Requested Agenda Item: Z-03-2023 Request to rezone one (1); parcel located at the intersection ofl Ludwick Heights Lane and Lincolnton Road, on the northern corner, (PID 061 009) being approximately 0.113 acres, from General Residential (GR6) and Neighborhood Mixed-Use (NMX) to Neighborhood Mixed-Use (NMX). Attachments: Yes J No Fiscal Note: (ffiscal note requires approval by finance department because item exceeds $100,000 ori is related to grant! funds, please fill outs signature Action Requested of Council for Agenda Item: (Please note ifitemi includes and ordinance, resolution orp petition) Council to consider adopting an ordinance to: rezone the subject parcel as requested in anticipation of future Contact Information for Group or Individual: Victoria Bailiff, victona.baliti@salsburync.gov, 704-638- blocks for finance at bottom off form and provide supporting documents) development. 5212 Consent Agenda (item requires no discussion and will be voted on by Council or removed from the consent agenda to the regular agenda) X Regular. Agenda (item tol be discussed and possibly voted on by Council) FINANCE DEPARTMENT INFORMATION: Finance Manager Signature Department Head Signature Budget Manager Signature ****All agenda items must be submitted at least 7 days before the requested Council meeting date*** SALISBL City of Salisbury Development: 132 North Main Street Salisbury, NC: 28144 E:1 lstopesalisulync.gov, Ph. 704.638.5208 CE Services REZONING 5C JD PETITION OCT062023 BYB. SHADED AREAS FOR STAFF USE ONLY FILING DATE CASE# # ZONING MAP AMENDMENT: GENERAL REZONING *FEES PER CIYOFS SALISBURY BUDGET ORDINANCE Z-03-7073 $800 PLAN REVIEW CASE # (IF APPLICABLE): PETITIONTYPE General Rezoning (LDO Sec. 15.22) OPetition involves entire parcel(s) as shown on the Rowan County tax map OPetition involves a portion of a parcel(s) as shown on the Rowan County tax map Petitioner is the property owner of record OPetitioner is an entity requesting a 3rd-party rezoning EXISTING DISTRICT(S): GB/NMX PROPOSED DISTRICT(S): NMX City-initiated rezoning REASON AND/OR DEVELOPMENT PROPOSALI FOR THE REZONING REQUEST: Barcel isSpt Zonccl binGe) andCNMX) PROPERTY & CONTACT INFORMATION Rowan County Parcel ID(s): 061-009 Address or Site Location: 1400 Ludwoick Heighis Lone Salsbury Subdivision: Lof(s): 28147 Petitioner: Sekeithic Moye Representative:, Address: 3255 Hauksbilst Sw Concofc,e 28027 Email: lanagcz@leha.don Best Phone 862,373-0250 Owner(s). (if different than petitioner): Address: Email: SIGNATURE Daytime Phone: By signing this petition you understand that this petition will bef forwarded tot the Planning Board (a City Council- appointed board) who may hear statements from staff, the petitioner, and general public, and will then vote to make a Statement of Consistency and recommendation: to City Council. The petition will then bef forwardedi to Cily Council who willo condyct the official public hearing before casting a deciding vote. Petitioner (or representative): Owner(s) Signature(s): Seen Application Last Revised: MAY,2022 p Cityof, Salisbury CASE: NO. Petitioner(s) Owner(s) Representative(s) Address Planning & Zoning Analysis Z-03-2023 Sekeithia Moye Sekeithia Moye Sekeithia Moye OLincolnton Road 061009 Tax Map & Parcel(s) Size/Scope Location One (1) parcel approximately 0.113 acres ini total Located at the intersection ofI Ludwick Heights Lane and Lincolnton Road, on the northern corner. PETITIONER REQUEST Request: The petition proposes to amend the Land Development Ordinance district map by rezoning one (I)split-zoned parcel, totaling approximately 0.113 acres, from General Residential (GR-6) and Neighborhood Mixed-Use (NMX) to The property is currently located within the city limits of This proposal is for general zoning purposes only. This request is not a conditional district zoning request; therefore, all uses oft the requested NMX zoning will be permitted per the existing Usel Matrix. While all the uses listed under NMX may bej permitted by the ordinance, the sitel has both water and sewer utility lines running underground which would prevent structures from being built on this property, the only uses permitted by right in NMX that might be able to function without aj physical structure wouldl be "Recreational Facilities, Outdoor" and "Parking Lot as al Primary Use." Neighborhood Mixed-Use (NMX). Staff Comments: Uses: Salisbury. Cityof, Salisbury Planning & Zoning Analysis CHARACTER OF AREA Overview: Thej parcel identified int this petition is currently undeveloped. Existing uses in the vicinity include residential and commercial properties. This rezoning will likely have little effect on adjacent properties except that one of the existing driveway entrances for the property to the north may be blocked off. The property to the north does, however, still have right of way access along its western boundary. Surrounding Land Use(s) & Zoning: Location Existing Land Uses Existing Zoning GR6 RMX, HB HB NMX, GR6 North ofarea East of area South ofarea West ofa area Residential Residential, Commercial Commercial Residential 2 Cityof, Salisbury Planning & Zoning Analysis INFRASTRUCUTRE & CIVICICOMMUNITY FACILITIES Public Schools: Elementary: Middle: High: Hurley Elementary Knox Middle Salisbury High Fire District: Utilities Water & Sewer: These parcels are currently within the Salisbury City Fire District service area. Public water and sewer lines are located on the properties and within the Lincolnton Road and Ludwick Heights right of ways. The utility lines and required easements prevent structures from being built on this lot. Transportation Transit: This site is currently served by Salisbury Public Transit. The nearest transit stop is nearby in the 1300 block of Lincolnton Road, approximately 250: feet from the site. The parcel has frontage along both Lincolnton Road and Ludwick Heights Lane right ofways, however, access would likely be from Ludwick Heights Lane on the western side; this access point will not be affected Lincolnton Road and Ludwick Heights Lane are City maintained roads, no public improvements are proposed Property Access(s): by rezoning the site. Public Improvements: with this rezoning. 3 Cityof, Salisbury Planning & Zoning Analysis ENVIRONMENT Topography/Hydralopy: Thej property is relatively flat and has been cleared of This sitei is not affected by a USGS blue line stream, vegetation. Flood Hazard/Streams. / Wetlands: floodplain, or wetlands. COMPREHENSIVER AREA PLANS Applicable Plans: Policy. 5.5.3: Forward 2040 Comprehensive Plan Promote infill development that is designed with compatible elements of nearby. structures and in a manner that enhances or improves the character of the neighborhood. Locate new parking lots at the rear or side of buildings. Landscape parking lots to create a pedestrian friendly environment and toi reduce the amount ofi impervious. surface. Staff does not recommend approval of Z-03-2023, upon determining that the request is not consistent with the goals, objectives, and policies of the Forward. 2040 Comprehensive Plan. The designated Place typef for this parcel is Multi-family Community, and while NMX is an associated. zoning district the only uses that are, permitted by right in NMX and would not need a physical structure are Recreation Facilities, Outdoor and Parking Lot as a Primary Use. The site characteristics and location are not suitable for recreational uses and parking lot as a primary use is not compatible with some of the surrounding uses, nor does it conform to the characteristics oft the Multi-family Community place type. Policy 4.6.11 4 Cityof, Salisbury Planning & Zoning Analysis PLAN REVIEW Planning Board Recommendation: This proposal was presented to Planning Board at their courtesy hearing on January 23, 2024. After deliberation, the Planning Board unanimously recommended denial, stating that the proposal is not consistent with the Forward 2040 Comprehensive Plan as submitted, and is not reasonable or in the public interest due to the incompatibility of the proposed uses and the existing neighborhood. 5 GALISBU PETITION TO REZONE EST 1759 Z-03-2023: 1400 LINCOLNTON RD Parcels 061 009 Current Zoning: General Residential (GR-6)& Neighborhood Mixed-Use (NMX) Proposed Zoning: Neighborhood Mixed-Use (NMX) Z-03-2023 CURRENT PROPOSED GR6 RMX CURRENT GR6 RMX ZONING: General Residential (GR6) / NMX Neighborhood Mixed Use (NMX) NMX PROPOSED ZONING: Neighborhood Mixed Use HB HB (NMX) 1402 RM GR6 Z-03-2023 8PVG 413 (400 O GPPAG 034107 0085 - NMX HB BMS GR6 4210 4203 Z-03-2023 ENCOINIONRD UNCOLNTONRD UDWIEKHEIGHISIN 1100 NMX HB 9411 GELSEES As BPAFRS CMX (105 (101 609 ORE PER (012 (010 ERE BIRDIE DR $035 034105 CA9 034903 27097 $400 GPENG 034007 Great Clipse L Colosseo Italian antand Pizzeri JiffyLube Dunkin Take50il, Change Z-03-2023 COVID-1 Drive-Thru ze aWalgreens Spectrum Store! Store No Lincolnton Rd Rehabilitati lavisTires & Brakes, OilChange? lquenacuensjuato. lexican Bridgect MooresvilleRd 150 State Employees credit Union F&ME Bank- Jake Alexander SunsetCarwash OOre VERa F BirdieDr. Integrity AutoRepair BirdieDr NAPA/Auto.Partse Flowers AutoF Paris Autoparts store Oasis Salon & Spa FoodL Lion Cauldron Tech! NC Temporarily closed T3 GR NMX BASE DISTRICT Residential Dweling-Singlel Family Dwelling- Multifamily 4units/ /bkig. or less Dwelling Mulrifamily more than 41 units/bldg. Dwelling- Secondary Family Care Home (6orl less residents) Hlome Occupation Housing Service for the Flderly IS Live-Work Unit Manufactured Housing Lodging Bed and Breakfast Hoxcl/Motel/Inn Rooming or Boarding House Office / Service Animal Services Banks, Credit Unions, Financial Services Business Support Services ChikiCare Home ChikiCare Center in Residence SUP/CD PS CAmmeICNICAR Center Community Service Organization Dnive Thru Service Equpment Rental Funeral Jlome Group Care Faciliry (More than Gresidents) Government Services Laundry Services MedicalC linic IND P Permitted Uses P SIPCD P P P PS Residential, Lodging, Office/Service Categories PS P P PS PS PS P PS P PS SLP/CD SUP/CD P T3 GR NMX BASE DISTRICT Office /Service (cont.) Outdoor Kennels. Post Office Professional Services Residential Treatment Facility Srudioc Art, dance, martial arts, music Vehicle Services: Minoe Maintemance/Repuir Vehicle Services: Major. Repair/ Body Work Retail / Restaurant Alcoholic Beverage Sales Store Auto Parts Sales Bar/ Tavem/ /NightClub Drive-T Thru Retail/Resturant Gas Station General Retail. 3,500 sforl less General Retail: 3,501 sE- I0,OSE General Retail: 10,001 sf- 5000sf General Retail: Greater than 50,000sF Restaurant Vehicle or Heavy Equipment Sales. Entertainment / Recreatio Adulr Establishment Amusements, Indoor Amusements, Outdoor Cultural or Community Faciliry Inter/Flectronic Gaming Meeting Facility Recreation Facilities, Indoor Recreation. Facilities, Outdoor P Theater, Movie Theater, Live Performance SUP/CD Permitted Uses Office/Service, Retail, Entertainment Categories SUP/CD SUP/CD PS PS SUP/CD T3 GR BASE DISTRICT Manufacturing / Wholesale Ajriculture Laundry, dry cleaning plant Manuficruring, Light Manuficturing, Neghborhood Manufacturing, Heavy Media production Meral producis fabrication, machine or weldings shop Mini- Warchouse Rescarch and development Storage: Ourdoor Storage Yand as aprimary use Storige: Wanhoame/Indoor Storige Wholesaling: and distribution Civic /1 Institutional Campground Cemetery Callege/Univenity Hospital Public Safery Station Religious Institution School Elem. & Secondary School: Vocaitioml/Techici Transportation /I Infrastruci Air Transportation Parking Lor (primary use) Parking Structure (primary use) Road/ Rail Transit Passenger Road/Rail s/Can/incing Urilities-Class Uhilities-Class2 Unlities-Class Wireless Telecomm! Faciliaty: Stealch Wireless Telecomm Faciity: Tower Permitted Uses Manufacturing, Civic, Infrastructure Categories SUP/CI P SUP/CD PS Future Land Use Map Category TN Traditional Neighborhood SN- Suburban Neighborhood MFC Multi- family Community EN Emerging Neighborhood FN Future Neighborhood RN Rural Residential OSP Open Space ICVInstitutional Center EG- Employment Center DTC Downtown Center AC Activity Corridor 062024 062,028 344 06201 062012 062014 9406 062018 062015 061009 ncolnton Ludwick Heights Ln HCC- Highway Commercial Corridor RCC Regional Commercial Center CAC Community Activity Center NAC Neighborhood Activity Center POI-Public, Office, and Institutional PP Production and Processing 061008 1030 Place Type: Multi-family Community Multi-Family Communities are those that are generally formed as complexes or communities. with relatively unified housing fypes and densities. Often there are shared amenities such as playgrounds. or community rooms and dedicated shared open: spaces. Parkingis usually locoted in surfoce parking lofs, but can be in individual attached or detached garages. Primary land usesi include apartments. townhomes condos. ors senior housing. Exomples include: The Grond on Julian Gold Hill Apartments PREDOMINANT LAND. USES Mulfi-family aportments and condos Townhomes Seniorhousing CHARACTER Garden style, walk-up aportments Private roads, parking lots Parking is ofien ins surfoce lots or defached garages Shared omenifiesincluding open space. playgrounds, pools. and community. rooms Grand on. Julian Apartments OPPORTUNITIES Orientation of buildings toward public space with parking ini the rear Enhanced open space and community gathering spots New construction to occurin places fhat has access to opportunities for) jobs and transit connections Architectural and design standards SUPPORTING LAND USES Designated green space or pivotely-mointoined) parks Small format commercial and office uses Brenner Crossing Apartments park area CHARACTERISTICS OF URBANF FORM Existing Desired 2-5Stories 15-25f feet from street or parking 200-500f feet Buildings Heights 2-3Stories Setbacks Block length 10-50from street or parking 200-1,000f feet parking in front ofbuildings Street Character Single entry and exit, surface Gridded, pedestion-tiendly Parking Infront of and behind buildings On-street, rear surface lots or indetached garages 8-20 units perc acre The Bexley in Huntersville, NC Residential Density 8-20 units per acre Forward 2040 Policies Policy 5.5.3: Promote infill development that is designed with compatible elements of nearby structures and in a manner that enhances or improves the character of the neighborhood. Policy 4.6.11: Locate new parking lots at the rear or side of buildings. Landscape parking lots to create a pedestrian friendly environment and to reduce the amount of impervious surface. ALISBL Planning Board Courtesy Hearing was held January 23, 2024. Planning Board voted unanimously to recommend denial as submitted with a motion stating the map amendment is not consistent with the Forward 2040 comprenensive Plan, and is not reasonable or in the public interest due to the incompatibility of the proposed uses and the existing neighborhood. GALISBU Salisbury City Council Statement of Consistency & Zoning Recommendation DISTRICT MAP AMENDMENT: Z-03-2023 Lincolnton Road Sekeithia Moye Sekeithia Moye Sekeithia Moye OLincolnton Road 061-009 Approximately 0.113 acres Located at the intersection ofLudwick Heights Lane and Lincolnton Road, on the northern corner. Project Title: Petitioner(s): Owner(s): Representativets) or Developer(s) Address: Tax Map Parcel(s): Size /Scope: Location: REQUEST: Request to amend the Land Development District Map by rezoning one (1) parcel at 01 Lincolnton Road (PID 061 009) from General Residential (GR6) and Neighborhood Mixed Use (NMX) tol Neighborhood Mixed Use (NMX). STATEMENT OF CONSISTENCY & RECOMMENDATION: The Salisbury City Council held a public hearing and reviewed the petition on February 20, 2024. The Council finds that the rezoning petition oft the aforementioned parcel is NOT CONSISTENT with the Salisbury Forward 2040 Comprehensive Plan, is not reasonable, or in the public interest due to inconsistency with: Policy 5.5.3: Promote infill development that is designed with compatible elements of nearby structures and in a manner that enhances or improves the character of the neighborhood. Policy 4.6.11: Locate new parking lots at the rear or side ofbuildings. Landscape parking lots to create a pedestrian friendly environment and to reduce the amount of impervious surface. AN ORDINANCE AMENDING THE LAND DEVELOPMENT DISTRICT MAP OF THE CITY OF SALISBURY, NORTH CAROLINA, REZONING TAX MAP 061 PARCEL 009 FROM GENERAL RESIDENTIAL (GR6). AND NEIGHBORHOOD MIXED-USE (NMX)TO NEIGHBORHOOD MIXED-USE NMA)APPROXIMATELY 0.113 ACRES. (PETITION NO. Z-03-2023) WHEREAS, a petition to rezone the property described herein was properly filed by the WHEREAS, the Salisbury Planning Board, an advisory board to the Salisbury City Council, reviewed the rezoning petition on January 23, 2024, unanimously voted to recommend denial as submitted, and stated that the request is not consistent with the Forward 2040 City of Salisbury; and Comprehensive Plan; and WHEREAS, the City Council held aj properly-noticed public hearing at the regularly- WHEREAS, the City Council hereby finds and determines that adoption of an Ordinance tor rezone the property described herein, as requested, is consistent with the goals, objectives, and policies of the Forward 2040 Comprehensive Plan due to the proposed petition, site characteristics, surrounding development pattern, and observations provided by city planning scheduled City Council meeting on February 20, 2024; and staff, identifying the policies that support the petition. NOW THEREFORE BE IT ORDAINED by the City Council oft the City of Salisbury, SECTION 1. That properties identified in the City of Salisbury and Rowan County as Tax Map 061 Parcel 009 including those abutting rights-of-way and reaching to the respective centerlines, as designated on the official property identification maps of Rowan County, is North Carolina: hereby rezoned to the 'NMX' district. SECTION: 2. That all Ordinances, or parts of Ordinances, in conflict with this Ordinance are hereby repealed to the extent ofs such conflict; SECTION 3. That this Ordinance shall be effective from and after its passage. Date: 14/NOV/2023 Time: 10am-11AM Location: Miller Recreation Center, Salisbury, NC Petitioner: Sekeithia Moye and Jalal Paige Contact Information: EmailalalPaigeeship.edu.com Vonaye@yahoo.com Phone number Jalal Paige :6107303 3397/S Sekeithia Moye:8623730250 Proposal for parcel 061-009 Good evening family of 1402 LUDWICK HEIGHTS LNIam contacting you today because you occupy a space no more than 250 feet away from 1400 Ludwick Heights Lane, Salisbury, NC. Which was recently acquired by Sekeithia Moye. Currently the property is an empty lot which is unkept. lam proposing to turn this vacant lot into a small parking lot. For non-commercial vehicles which lies in the interest of me and my family. We invite you to attend a community committee meeting to discuss any question comments or concerns. Regarding this matter or future of this space in the community. Hopefully Ican see you there warmest regards. Jalal Paige MAILING LIST NAME ADDRESS CITY RALEIGH SALISBURY STATE NC NC NC NC NC NC NC SC STATE EMPLOYEES CREDIT UNION POBOX26807 LIVINGSTONE COLLEGE INC ALONSO MARIAI CORTEZ ADRIANA DEL CARMEN PEELER DORIS BEAN MOYE SEKEITHIA 701 WI MONROEST & 1406 LUDWICK HEIGHTSI LN SALISBURY 1410LUDWICKI HEIGHTSLN SALISBURY 2430 BERKSHIRE DR 3255 HAWKSBILLSTSW SALISBURY CONCORD POTEATTHOMASI DANIEL &WF 1402 LUDWICK HEIGHTSLN SALISBURY HOPE CRESTLLC POE BOX160 AYNER SALISBL NOTICE OF PUBLICI HEARING Salisbury City Council will hold a public hearing Tuesday, February 20, 2024 during its 6:00 p.m. meeting to consider the following request. The regularly scheduled February 20, 2024 City Council meeting will bel held in al hybrid format. Anyone who wishes to speak virtually during the hearing regarding the request must sign-up by 5:00 p.m. on Tuesday, February 20, 2024 by contacting Connie Snyder at csnyl@salisburyme.gov or 704-638- 5234. Information on accessing thei meeting will be available on the City's website at www.salisburyne.gov. The meeting can also be viewed on the City's livestream at www.salisburyne.gov/webcast or the City's Facebook account. Project Title: Petitioner(s): Owner(s): Representative(s) or Developer(s) Address: Tax Map- Parcel(s): Size Scope: Location: REQUEST: DISTRICT MAP AMENDMENT: Z-03-2023 Lincolnton Road Sekeithia Moye Sekeithia Moye Sekeithia Moye OLincolnton Road 061-009 Approximately 0.113 acres Road, on the northern corner. Located at the intersection ofl Ludwick Heights Lane and Lincolnton Request to amend the Land Development Ordinance and Land Development District Map by rezoning approximately 0.113acres located on Lincolnton Road from General Residential (GR6) and Neighborhood A copy ofthe above petition is available forj public review at Development Services (132N. Main Street). Persons wishing ac copy, or additional information, should call 704-638-5208. Ifpersons would like toi respond in writing, they may do sol by mailing a letter to Development Services Division, P.O. Box 479, Salisbury, NC 28145 or by e-mail to Citizens interested in the proposal are invited to attend and participate in the public hearing. Changes may be made in the Mixed Use (NMX) to Neighborhood Mixed Use (NMX). Victoria.balitt@salisburync.goy. above proposal as ai result of debate, objection, or discussion. This the gth day ofl February, 2024. CITY COUNCIL OF THE CITY OF SALISBURY, NORTH CAROLINA BY: Connie Snyder City Clerk Z-03-2023: 1400 LINCOLNTON RD Proposed Zoning: Neighborhood Mixed-Use (NMX) Parcels: 061009 Current Zoning: General Residential (GR-6) & Neighborhood Mixed-Use (NMX) Feet 70 CURRENT PROPOSED GR6 RMXS GR6 RMX 1400 NMX NMX HB HB PARCEL_ID OWNNAME 061 008 PEELER DORIS BEAN 0620 014 ALONSO MARIAI 062 011 HOPE CRESTI LLC 062 024 HOFFNER GLENN C 062 015 CORTEZ ADRIANAI DEL CARMEN 061 009 MOYE SEKEITHIA 062 012 LIVINGSTONE COLLEGE INC TAXADD1 2430 BERKSHIRE DR PO BOX160 2704 BEAR POPLAR RD 3255 HAWKSBILL STS SW 701 W MONROEST CITY STATE ZIPCODE SALISBURY NC 28146-8810 062013 POTEAT THOMAS DANIEL &WF 1402 LUDWICKI HEIGHTSI LN SALISBURY NC 28147 & 1406 LUDWICKHEIGHTSIN SALISBURY NC 28147-1391 14101 LUDWICKI HEIGHTSLN SALISBURY NC 28147-1391 AYNER CONCORD RALEIGH SC 29511 NC 28027-8980 NC 27611-6807 MOUNT ULLA NC 28125-8694 SALISBURY NC 28144-5213 061117 STATE EMPLOYEES CREDIT UNION PO BOX: 26807 ALISBU NOTICE OF PUBLIC HEARING Salisbury City Council will hold a public hearing Tuesday, February 20, 2024 during its 6:00 p.m. meeting to consider the following request. The regularly scheduled February 20, 2024 City Council meeting will bel held in al hybrid format. Anyone who wishes to speak virtually during the hearing regarding the request must sign-up by 5:00 p.m. on Tuesday, February 20, 2024 by contacting Connie Snyder at snyl@salisburyme.goy or 704-638- 5234. Information on accessing the meeting will be available on the City's website at www.salisburyne.gov. The meeting can also be viewed on the City's livestream at www.salisburyne.gov/webcast or the City's Facebook account. Project Title: Petitioner(s): Owner(s): Representative(s) or Developer(s) Address: Tax Map - Parcel(s): Size Scope: Location: REQUEST: DISTRICT MAPAMENDMENT: Z-03-2023 Lincolnton Road Sekeithia Moye Sekeithia Moye Sekeithia Moye OLincolnton Road 061-009 Approximately 0.113 acres Road, on the northern corner. Located at the intersection ofLudwick Heights Lane and Lincolnton Request to amend the Land Development Ordinance and Land Development District Map by rezoning approximately 0.113 acres located onl Lincolnton Road from General Residential (GR6) and Neighborhood Mixed A copy of the above petition is available for public review at Development Services (132 North Main Street). Anyone wishing a copy, or additional information, should call 704-638-5208. Written comments may be submitted by mailing a letter to the City Clerk, P.O. Box 479, Salisbury, NC 28145 or by e-mail to csmyl@salisburymegov. Written correspondence received before the meeting will be forwarded to the City Citizens interested in the proposal are invited to participate in the public hearing. Changes may be made in the Use (NMX) tol Neighborhood Mixed Use (NMX). Council. above proposal as a result of debate, objection, or discussion. This the 4th day of February 2024. CITY COUNCIL OF THE CITY OF SALISBURY,NORTH: CAROLINA BY: Connie Snyder City Clerk Cityo Salisbury The Salisbury Planning Board held its regular meeting on Tuesday, January 23, 2024, at 4:00 p.m. PRESENT: Larry Cartner, David Midgley, Tim Norris, Jon Post, PJ Ricks, Dennis Rogers, John STAFF: Victoria Bailiff, Senior Planner; Graham Çorriher, City Attorney; Phillip Lookadoo, Director ofLand and Development Services; Jennifer Pfaff, Senior Administrative Specialist with the following being present: Schaffer, John Struzick WELCOME GUESTS. AND VISITORS John Schaffer, Chair, called the Planning Board meeting to order at 4:00 p.m. APPROVAL OF MINUTES Planning Board Minutes of] November 14, 2023 were approved by all members present. NEW BUSINESS Z-03-2023, OLincolnton Road, Parcel 061 009; Applicant: Sekeithia Moye Request Use. The applicant is requesting to rezone one split-zoned property along Lincolnton Road from GR-6 (General Residential) and NMX (Neighborhood Mixed Use) to NMX (Neighborhood Mixed Staff] Presentation Victoria Bailiffp presented the request to the Board and noted that NMX is one of the associated districts for the Multi-Family Community place type, however, the possible uses for this property do not fit in with the Multi-Family Community description. The parcel is very small and has two public utility lines running through the property; the lines and associated easements would prohibit any structures from being built on this property. The only uses that do not require a structure and are permitted inl NMX, would bel Recreation Facilities, Outdoor and Parking lot as aj primary use. This parcel is not suited for Outdoor Recreation facilities, leaving only Parking lot as aj primary use. Therefore, staff! has found the proposal is not consistent with Forward 2024 policies 5.5.3 and 4.6.1. Ms. Bailiff responded to questions from the board: She does not know how the property became split-zoned, or why iti is such an odd shape. The assumption is that ai right of way acquisition may have had something to do with the She verified the width ofutility easements, and pointed out where other businesses are strange aspects ofthis parcel. located ini relation to the property. The applicant is requesting the entire parcel be rezoned NMX. Applicant Comment The applicant was not present. Public Comment Dr. Maria Lumpkin ofLivingstone College, spoke in opposition to the request, saying the action would be detrimental to the college. Livingstone would be adversely affected by access issues, Thomas and Lisa Poteat live next to the parcel. They agree with the previous comments regarding the detraction from the neighborhood. Mr. Poteat added that the plan to build a parking and the imposition to their property. loti is confusing, as the loti is very small. Deliberation Staff found the request to be inconsistent, and is unsure ifaj parking lot is possible due to landscape and size requirements. Members were concerned about the long-range issues when Livingstone begins their new development. They also questioned whether or not it would be classified as "spot-zoning." Consistency Statement PJ Ricks made a motion: "The City of Salisbury Planning Board finds that the map amendment requested in petition Z-03-2023 is NOT consistent with the goals and policies of the adopted Forward 2040 Comprehensive Plan." Dennis Rogers seconded the motion. All members present voted AYE. Recommendation to City Council PJ Ricks made ai motion: "The map amendment requested in petition Z-03-2023 is NOT reasonable, or in the public interest due to the incompatibility of the proposed uses and the existing neighborhood, therefore, the Planning Board recommends DENIAL oft the request." John Struzick seconded the motion. All members present voted AYE. STAFF UPDATES Ms. Bailiff announced that the new permitting system is up and running; they are in the process ofworking out and correcting any kinks that appear. Phillip Lookadoo reported that Land and Development Services is hiring several positions; some new, and some that were recently vacated. He explained the process the department is using to keep up with the number of permits coming in, namely, "Walk-In Wednesday," which will be the only day walk-in customers can apply for permits. All others will bel handled by appointment Several members' terms are ending in March, sO it's time to recruit. Ms. Bailiff said there will throughout the week. most likely be more meetings before then. ADJOURN 4:44 p.m. John Schaffer, Chair Jennifer Pfaff, Secretary Salisbury City Council Agenda Item Request Form Please Select Submission Category: Requested Council Meeting Date: Public February 20, 2024 Council Manager Staff Name of Group(s) or Individual(s) Making Request: City of Salisbury, Planning and Neighborhoods: Department Name of Presenter(s): Hannah Jacobson, Planning Director Requested Agenda Item: Voluntary Annexation - 285 Peach Orchard Lane Description of Requested Agenda Item: A public hearing concerning the voluntary annexation of] Peach Orchard Lane, parcel 407B043 was scheduled for February 20+, 2024. The hearing has been properly advertised, and staff finds the request to meet the standards ofNCGS 160A-58.1. Therefore, after the public hearing, City Council will consider adopting an Ordinance for the annexation of 11.0855 acres on Peach Orchard Lane, identified as parcel 407B043, effective February 20+,2024. Attachments: XYes No Fiscal Note: (Iffiscal note requires approval byj finance department because item exceeds $100,000 or is related to grantfunds, pleasej fill out signature blocksforfinance at bottom ofform and provide supporting documents) The current tax value oft the property is $130,773. The current development plan is for a mini warehouse and outdoor storage. The value ofthose improvements are $500,000 with future expected annual tax revenue of $3,885. The City will Action Requested of Council for Agenda Item: (Please note ifitem includes an ordinance, resolution or petition) City Council tol hold aj public hearing and consider adoption ofan Ordinance to annex parcel 407B043, 11.0855 acres, per incur additional costs for police and fire protection, which is indeterminable. NCGS 160A-58.1, effective upon adoption. Contact Information for Group or Individual: Hannah Jacobson, 704-638-5230, Hannah.acobson@son@sansburynegov Consent Agenda (item requires no discussion and will be voted on by Council or removed from the consent agenda tot thei regular agenda) Regular. Agenda (item to be discussed and possibly voted on by Council) FINANCE DEPARTMENT INFORMATION: SWadefuehus Finance Director Signature Mb Budget Manager Signature ffhn Department Head Signature ****All agenda items must be submitted at least 7 days before the requested Council meeting date*** "AN ORDINANCETO EXTEND1 THE CORPORATE! LIMITS OFTHE CITY OF SALISBURY, NORTH CAROLINA, TOI INCLUDE 11.0855. ACRES, TAX MAP 407B PARCEL 043, 285 PEACH ORCHARD LANE. WHEREAS, the City Council of Salisbury has been petitioned under G.S. 160A-58.1 to annex the WHEREAS, aj public hearing on the question ofthis annexation was held virtually by City Council on February 20t, 2024 at 6:00 p.m. after due notice by publication on February gth, 2024 in the Salisbury area described herein, and the City Clerk has certified the sufficiency of said petition; and Post; and WHEREAS, the City Council of Salisbury does find as a fact that said petition meets the WHEREAS, the City Council of Salisbury further finds that the petition has been signed by all the WHEREAS, the City Council of Salisbury further finds that thej petition is otherwise valid, and that the public health, safety and welfare of the City of Salisbury and oft the area proposed for annexation will requirements ofG.S. 160A-58.1; and owners of real property int the area who are required by law to sign; and be best served by annexing the area described; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Salisbury, North Section 1. By virtue oft the authority granted by G.S. 160A-58.1, thei following described territory, isl hereby annexed and made part of the City of Salisbury as ofthe 20th day ofl February 2024. The survey plat that describes the annexed territory is that certain survey plat entitled Annexation Plat (Non- Contiguous). 285 Peach Orchard Lane, dated. January 4th, 2024, and recorded in Book of Carolina: Maps Page Rowan County Register ofl Deeds: BEING THAT CERTAIN PARCEL OF LAND: LOCATED IN THE: LITAKER-5 TOWNSHIP, ROWAN COUNTY, NORTH CAROLINA AND BEING MORE: PARTICULARLY DESCRIBED. AS BEGINNING AT A1/2" NEW: IRON RODLOCATED WITHIN THE: RIGHT-OF-WAY OF PEACH ORCHARD LANE (A: 50' PUBLIC RIGHT-OF-WAY), SAID POINT ALSO BEING LOCATEDON THE NORTHERN! LINE OF LOT1 OF THE REDHAVEN ACRES SUBDIVISION AS DESCRIBED FOLLOWS: INI MAP BOOK 9995, PAGE 2705; THENCE WITHIN THE RIGHT-OF-WAY OF PEACH ORCHARD LANE: N 41°48'18" W. A DISTANCE OF 593.24" TO. A 1/2" NEW IRON ROD; THENCE N 4347'47" E A DISTANCE OF 9.35' ANI EXISTING CONCRETE MONUMENT LOCATED AT THE INTERSECTION OF THEI NORTHEASTERN MARGIN OF THE: RIGHT-OF-WAY OF PEACH ORCHARD LANE. AND THE SOUTHEASTERN MARGIN OF THEI RIGHT-OF-WAY OF HARDER STREET (A VARIABLE WIDTH PUBLIC RIGHT-OF-WAY); THENCE CONTINUING WITHTHE SOUTHEAST MARGIN OF HARDER STREET N 43°47'47" E. A DISTANCE OF 527.20" TOA 1/2" NEW IRON ROD LOCATED ATTHE WESTERN MOST CORNER OF THE DEPARTMENT OF TRANSPORTATION PROPERTY AS DESCRIBED IN DEED BOOK 1216, PAGE 437; THENCE WITH THE. AFORESAID DEPARTMENT OF TRANSPORTATION PROPERTYTWO(2)COURSES AND DISTANCES: 1)s: 52°08'13" E A DISTANCE OF 157.63'TO. A 1/2" NEW IRON ROD; 2)N 54°39'39" E. Al DISTANCE OF 113.53'7 TO. A 1/2" NEW IRON ROD LOCATED SOUTHWEST MARGIN OF THE RIGHT-OF-WAY OF RIDGE STREET (A 40' PUBLIC RIGHT-OF-WAY): THENCE WITH THE SOUTHWEST MARGIN OF RIDGE STREET THE FOLLOWINGTWOO) COURSES AND DISTANCES: 1)S3 39°30'54" E. A DISTANCE OF 291.68'" TO. A 1/2" NEW IRON ROD; 2) S3 34°00'18"1 E. A DISTANCE OF 325.00'7 TO A 1/2" NEW: IRON RODI LOCATED ATTHE NORTHERN MOST CORNER OF THE FRANCISCO SANCHEZI LUCIANO PROPERTY AS DESCRIBED IN DEED BOOK 1408, PAGE. 253; THENCE WITH THE. AFORESAID LUCIANO PROPERTY THEI FOLLOWING TWO (2) COURSES AND DISTANCES: 1)S4991717" W A DISTANCE OF 321.50' TO A 1/2" NEW IRON ROD; 2) S41°17'43" E A DISTANCE OF 150.00'" TOA 1/2" NEW IRON ROD: LOCATED ON THE NORTHERN LINE OF THE. AFORESAID LOT 1 OF THE REDHAVEN ACRES SUBDIVISION; THENCE WITHTHE. AFORESAID: LOTI 1N 87027'43" W. A DISTANCE OF 416.00' TOTHE POINT OF BEGINNING, HAVING AN AREA OF 482,883 SQ. FT. (11.0855 ACRES). ACCORDING TO. A SURVEY BY CLONINGER BELL SURVEYING & MAPPING, PLLC DATED JANUARY 4, 2024, FILE: NO. 3592. Section 2. Upon and after the 20th day of February, 2024, the above described territory and its citizens and property shalll be subject to all debts, laws, ordinances and regulations in force in the City of Salisbury and shall be entitled to the same privileges and benefits as other parts of the City of Salisbury. Said territory shall be subject to municipal taxes according to G.S. 160A-58.10. Section 3. The Mayor of the City of Salisbury shall cause to be recorded in the office of the Register ofDeeds of Rowan County, and in the office of the Secretary of State atl Raleigh, North Carolina, an accurate map of the annexed territory, described in Section 1 hereof, together with a duly certified copy oft this ordinance. Such ai map shall also be delivered to the County Board of] Elections as required by G.S. 163-288.1." Adopted this 20th day of February, 2024. Karen K. Alexander, Mayor ATTEST: Connie B. Snyder, NCCP City Clerk 11/13/2023 Date: PETITION REQUESTING VOLUNTARY ANNEXATION FOR 285 Peach Orchard Lane We the undersigned owners ofr real property respectfully request that the area described on the attached documents be annexed into the City of Salisbury. By signing this petition, we understand that the following conditions are the responsibility of the petitioners. Failure to meet the conditions may delay 1. The petition must be signed by all owners of real property in the area described and shall contain the 2. Thej petition must include ai metes and bounds description of the area to be annexed and a preliminary annexation boundary survey prepared by a Registered Land Surveyor. Two original mylars ofthe final annexation boundary survey shall be completed after consultation with the City. 3. If the area is not contiguous to the primary City limits, the petition shall include documentation that: a) The nearest point oft the described area is not more than three miles from the primary City limits b) No point on the described boundary is closer to another municipality than to the City of Salisbury. c) No subdivision, as defined in GS 160A-376, will be fragmented by the proposed annexation. 4. Upon the effective date of annexation and thereafter, the described citizens and property shall be subject to municipal taxes and to all debts, laws, ordinances and regulations in force: in the City of Salisbury and shall be entitled to the same privileges and benefits as other citizens and property in the ori invalidate the request: address of each property owner, City of Salisbury. Property Identification 407B TM. PCL TM. PCL TM PCL TM PCL. TM PCL Printed Name Owner's Address China 1145 Lawing Dr Grove, NC: 28023 (tax number or street address) (and titlei ifbusiness entity) 043 Hector Delgado EA (Attach additional petition forms ifr needed) Form Revised 2-08 Contact Person Jason Dolan For Office Use Only; Total number of parcels 1 Contiguous per GS 160A-31, Telephone Number 704-900-4945 Number Signed 1 % Signed 100 Date Returned 11/27/2023 orl Non-contiguous "satellite" per GS 160A-58 x CITY OF SALISBURY (çheck one) P.O. BOX 479, SALISBURY, NORTH CAROLINA 28145-0479 NON-CONTIGUOUS ANNEXATION PLAT GWTS5 MANAGEMENTLLC 185PEACHORCHARDLN LITAKER- NC DEEDF REFERENCE: REFERENCE: 9995-677 E VICINITY MAP M E ANNÉXATIONA AREA FT OR1 11,0855AÇRES h 416.00' SURVEVING CLONINGER BELL MAPPING GRAPHIC SCALE IED) LICENSEP-2326 JANUARY 2024 Salisbury City Council Agenda Item Request Form Please Select Submission Category: Requested Council Meeting Date: 02/20/2024 Public Council Manager X Staff Name of Group(s) or Individual(s) Making Request: Planning and Neighborhoods Department Name of Presenter(s): Malikia Cherubala, Planner, & Hannah Jacobson, Planning Director Requested. Agenda Item: Council to hold a Public Hearing in regard to the use of Community Development Block Grant (CDBG) program funds from the U.S. Department of] Housing & Urban Development (HUD). Description of Requested Agenda Item: The City of Salisbury receives federal formula funds annually from the U.S. Department of Housing & Urban Development (HUD). As a condition ofreceiving these funds, the City is required to develop an annual Action Plan & Budget that outlines the community development goals on which it will focus these funds. The Program Year (PY) 2024 Action Plan & Budget covers the period between July 1, 2024 and June 30, 2025. During this period, the City anticipates receiving approximately $305,000.00 to administer the CDBG program. An additional $200,000 is expected through Salisbury's s participation in the Cabaruslredel/Rowan HOME The funds will be used to meet the goals and objectives established and approved by the Salisbury City Council and articulated in the City's 2020-24 Consolidated Plan. The Consolidated Plan describes community needs and determines local priorities for using public resources to assist low- and moderat-income (LMI) residents of Consortium. Salisbury over a five-year period. The 2020-24 Consolidated Plan is available online at walsupmsshnine Council will be asked to approve the PY 2024 CDBG Action Plan & Budget at a subsequent meeting, once the period of citizen participation and consultation has concluded and all feedback on the Draft Plan & Budget has Citizen input is also sought regarding Amendment #2 to the Program Year 2020. Annual Action Plan. This amendment proposes to reallocate $60,000 of CDBG-CV funds from Small Business. Assistance to Homelessness Prevention Coordination. Input is also sought regarding Amendment #1 to the Program Year 2023 Annual Action Plan. This amendment proposes to reallocate $45,000 of prior year unspent funding to complete an extension ofthe Memorial Park Greenway to Best Street. Copies oft the draft amendments can be found online at https/salisburyne-gov/GovemmentPanning-and-and-Ncighborhoods/Grants-and- Incentives/Community-Development-Block-Grant or inj person at the City Office Building at 132 North Main been reviewed by staff. Street. Attachments: Yes X No Action Requested of Council for Agenda Item: Council to hold aj public hearing for interested parties to express ideas and interest in the use ofCDBG funding. Contact Information: Hannah Jacobson, Planning and Neighborhoods, (704) 638-5230, mssisnNe, Consent Agenda (item requires no discussion and will be voted on by Council or removed from the consent agenda to the regular agenda) Regular Agenda (item tol be discussed and possibly voted on by Council) FINANCE DEPARTMENT INFORMATION: Finance Manager Signature Department Head Signature Budget Manager Signature *****All agenda items must be submitted at least 7 days before the requested Council meeting date*** For Use in Clerk's Office Only Approved Declined Reason: Salisbury City Council Agenda Item Request Form Please Select Submission Category: Public Council Manager X Staff Requested Council Meeting Date: February 20, 2024 Name of Group(s) or Individual(s) Making Request: Planning and Neighborhoods Name of Presenter(s): Hannah Jacobson, Planning and Neighborhoods Director Requested Agenda Item: Council to consider awarding Shelter Ministries of] Rowan County in conjunction with Rowan Helping Ministries $487,247.000 ofHOME Investment Partnership - American Rescue Plan (HOME-ARP) grant funds to construct at least 10 units of permanent supportive housing. Description of Requested Agenda Item: Ini response to the COVID-19 pandemic, Congress appropriated $5 billion in American Rescue Plan funds to be administered through the HOME Investment Partnership to address the need for housing and services for those experiencing homelessness or who are at risk ofhomelessness. Through the City's participation in the Cabaruslredel/Rowan HOME Consortium, Salisbury has received $525,940.00 to assist those experiencing homelessness or those ati risk ofhomelessness with housing. On December 5, 2023 Council voted to allocate the funding toward the development and support of affordable housing. $487,247.00 is available to allocate to projects, and $38,693.00 is available for administrative costs. Shelter Ministries of] Rowan in conjunction with Rowan Helping Ministries submitted an application on. January 15, 2024 (Attachment A). As detailed in the application, HOME-ARP funding would allow Shelter Ministries to construct 10-units of permanent supportive housing. City Council has previously approved a conditional district overalay for the development which would bel located at the corner of North Shaver Street and East Council Street (Attachment B) on December 5, 2023. Residents ofthe permanent supportive units are eligible for case management by Rowan Helping Ministries' staff and have access to onsite supportive services, as well Planning and Neighborhoods staff have worked in close collaboration with staff from Rowan County, the Cabarms/redel/Rowan HOME Consortium, and Rowan Helping Ministries to ensure the proposed project will meet the requirements oft the HOME-ARP program. $38,693.00 is available for to ensure proper administration of the project pre-, during, and post- construction. Staffi is collaborating with Rowan County to issue a joint Request for Qualifications to organizations with experience in administering HOME projects. Rowan County is as to services offered by community partners at their facilities. anticipated to support the project with their allocation ofHOME-ARP funds ($738,812). Attachments: Yes No Attachment A - Shelter Ministries HOME-ARP Project Proposal Attachment B - CD-04-2023 First Horizon Conditional District Master Plan Fiscal Note: (Iffiscal note requires approval by finance department because item exceeds $100,000 ori is related tog grant funds, please fill out signature blocks for finance atl bottom of! form and provide supporting documents) Funding has been appropriated in the FY24 Budget. Salisbury City Council Agenda Item Request Form Action Requested of Council for Agenda Item: Council to consider authorizing the City Manager to enter into a contract with Shelter Ministries of Rowan County in the amount of $487,247.00 to develop 10 units of Contact Information for Group or Individual: Hannah Jacobson, hanmah,jacobson@salisburyne.goy, 704- permanent supportive housing with funds available through the HOME-ARP program. 638-5230 Consent Agenda (item requires no discussion and will be voted on by Council or removed from the consent agenda to the regular agenda) Regular Agenda (item tol be discussed and possibly voted on by Council) FINANCE DEPARTMENT INFORMATION: MD00. Finance Manager Signature Thaceyreyps Budget Manager Signature Fuule flon Départment Head Signature *****All agenda items must be submitted at least 7 days before the requested Council meeting date*** For Use in Clerk's Office Only Approved Reason: Delayed Declined Shelter Ministries of Rowan County First Horizon Permanent Supportive Housing Community City of Salisbury HOME-ARP Project Proposal January 15, 2024 City of Salisbury HOME-ARP Project Proposal 2024 PROJECT NARRATIVE Provide a concise description of the proposed project, indicating specifically how HOME-ARP funds will be used. Shelter Ministries of Rowan County is proposing the construction of 8 one- bedroom and 2 two-bedroom permanent supportive housing (PSH) units adjacent to three existing permanent supportive houses on the Rowan Helping Ministries campus. These units are part of our effort to end homelessness for Rowan County citizens who need permanent supportive housing but have encountered barriers to obtaining and sustaining stable housing. Shelter Ministries of Rowan County owns all land and facilities used by Rowan Helping Ministries to provide services. The one-story units, designed as duplexes, will include adjacent tenant parking, solar outdoor lighting, and other energy-efficient features to enhance energy savings. This project also includes a community green space, featuring a covered picnic gazebo. The green space serves as amultifunctional area designed toi foster: a sense of belonging and well-being among residents and the surrounding community. This inviting space will offer ai tranquil environment where residents can connect with nature, socialize, and engage in recreational activities. The covered picnic gazebo provides a shaded and sheltered spot for residents and visitors to enjoy outdoor meals, gather for events, or simply relax amidst the beauty of the surroundings. Each unit will also feature a tenant garden, which offers numerous benefits fori the residents, including encouraging social interaction and communty-Dulding, and serving as a source of fresh produce, promoting healthy eating habits, and providing residents with nutritious food The site for this project is located on the Rowan Helping Ministries campus on the outskirts of Salisbury's vibrant historic downtown on a quiet residential street. It is within easy walking distance of two public parks, Tar Branch Park and Cannon Park, as well as the Park Avenue Community Center. The neighborhood benefits from proximity to the central business district and access to public transportation. The neighborhood and surrounding areas have ample, well- maintained sidewalks and there are numerous crosswalks to facilitate pedestrian safety. There is a bus stop located on the campus, and a second bus stop is located directly adjacent to the campus. Many services, businesses, and other facilities that may be used by program participants are located along the Salisbury bus routes, including the Salisbury Veterans Affairs Medical Center, Novant Rowan Medical Center, Rowan Department of Social Services, and options. Rowan-Cabarrus Community College. Rowan Helping Ministries pays for city bus transportation for housing program participants who do not have their own transportation but need to access services, commute to work, or meet 2 City of Salisbury HOME-ARP Project Proposal 2024 other case plan goals at locations near city bus routes. Staff also arrange transportation through Lyft or taxi service if housing program participants need to travel to locations outside of Salisbury or not situated on city bus routes. The target population for the units is individuals and households who are homeless. Residents of the new permanent supportive units will be eligible to receive case management by Rowan Helping Ministries staff and will have access to onsite supportive services as well as to services This project is part of an ongoing tri-phase $6 million capital campaign, which will add much- needed permanent and transitional housing onsite as part of an effort to end homelessness in the Rowan County community. Other components of this capital campaign include: offered by community partners at their facilities. Construction of two new transitional housing buildings that will house 12 apartments, 9 Renovation of the historic R.B. Miller building to accommodate case management offices, counseling services, a dedicated peer support living room, and administrative Remodeling of the Ralph W. Ketner Center to expand space for medical and mental Funding of a maintenance reserve to cover major equipment repairs and replacements. List the amount of funding your organization is requesting in HOME-ARP funds from the City. Shelter Ministries of Rowan County is requesting $487,247 in HOME-ARP funds from the City of Describe how this project addresses the current challenges faced by your organization or the population your organization serves. Like many rural counties in North Carolina, Rowan County isc challenged by high rates of poverty, addiction, and homelessness. The population this project will prioritize, individuals and households experiencing homelessness, are a particularly vulnerable population. In our community, the homeless population is disproportionately African American, and many are elderly, Veterans, suffer from physical or developmental. disabilities, The causes of homelessness are varied and unique to each individual, as are the pathways they travel to return to permanent, affordable housing. Unfortunately, there are housing shortages at almost every juncture. The need for more affordable housing has been well documented, but shortages also exist for other types of housing along the housing continuum, including permanent supportive housing. Supportive housing pairs affordable housing with tenancy support services that help people get housed and stay housed. It is an evidence-Dased intervention for people who experience chronic homelessness, unnecessary institutionalization, ofv which will be reserved for Veterans; offices; health services; and Salisbury towards the development of this project. and/or struggle with addiction to drugs or alcohol. 3 City of Salisbury HOME-ARP Project Proposal 2024 and cycle between institutional settings and the streets. Currently, Rowan Helping Ministries is the only agency in our community offering permanent supportive housing to this population, The shortage of permanent supportive housing, both locally and nationally, is a huge barrier to moving individuals experiencing homelessness to stable housing. In August 2023, of the 89 homeless guests living in Rowan Helping Ministries' shelter, 14 individuals were on the prioritized waiting list for PSH and housing financial assistance through the North Carolina Balance of State Continuum of Care. Last year, just 1 homeless citizen in our five-county region According to the North Carolina Coalition to End Homelessness, the 2023 Point in Time (PIT) Count showed that there were 156 people experiencing homelessness in Rowan County on the date the annual 1-day census was conducted. These numbers were collected by teams of volunteers interviewing homeless individuals living in outdoor encampments, in cars, or in structures not suitable for human habitation and compiling data from agencies that provide shelter for homeless individuals and families. In the 2023 PIT Count, there were 142 adults and 14 children under the age of 18 who were homeless in the county - 88 were living in an emergency shelter, 12 ini transitional housing, and 56 were unsheltered. but the turnover fori these units is slow. moved to PSH through this system. According to the North Carolina Coalition to End Homelessness (NCCEH), there are currently 148 PSH beds in our! 5-county region (Region 5 oft the Balance of State Coc), with a low annual turnover rate of approximately 22. The NCCEH estimates that our region needs at least 33 more beds to meet the need for this type of housing. Currently, North Carolina has an extensive By expanding the availability onsite permanent supportive housing, we can significantly expedite the process of helping individuals in our community experiencing homelessness move more quickly to permanent, stable housing destinations. Participants will have access to wraparound support services provided by Rowan Helping Ministries and community partners, further enhancing their chances of remaining stably housed and overcoming the challenges that Describe the populations to be served. Describe the key demographic and economic characteristic of the clients to be served. Alli four qualifying HOME-ARP populations will be served by this project but individuals and households from Qualifying Population 1 (Homeless as defined in section 103(a) of the Mckinney-vento Homeless Assistance Act) will be prioritized. A project-specific waitlist will be developed and maintained for this project. The homeless population that Rowan Helping Ministries serves is approximately 41% African American, 55% white, 3% American Indian/Alaskan Native, and 1% Native Hawalian/Pacific Islander. Most have little or no income at the time ofi intake, and all meet the HUD definition of low income. waitlist for PSH and financial assistance. led to their homelessness. 4 City of Salisbury HOME-ARP Project Proposal 2024 Describe the duration of time the project will serve the populations described above. The First Horizon Permanent Supportive Housing Neighborhood will serve individuals and households experiencing homelessness for the duration of its existence. Rowan Helping Ministries has a long track record of operating supportive housing; presently, the organization manages a total of 3 permanent supportive homes and 101 transitional supportive housing units on its campus. Shelter Ministries of Rowan County has been responsible for supervising the construction, renovation, and/or acquisition of these units, while Rowan Helping Ministries ensures their upkeep and operation, compliance with local, state, and federal housing regulations and funder requirements, and provision of essential supportive services to all residents. As previously noted, Shelter Ministries of Rowan County owns all land and facilities used by Rowan Helping Ministries to provide services. According to Shelter Ministries of Rowan County's bylaws, one of its purposes is to hold legal title to real property and provide facilities for governmental bodies and agencies, public and private institutions, foundations and corporations, and individuals to engage in a cooperative ministry to persons in need in Rowan County. The land and facilities must always be used for this purpose, even if the programsare Provide a proposed timeline for the delivery of your proposed project. Shelter Ministries of Rowan County has extensive experience supervising the construction, renovation, and/or acquisition of supportive housing units, and Rowan Helping Ministries has a long and successful record of designing and implementing effective programs and operating supportive housing. The organizations will draw on that experience to construct and operationalize this new project not provided under Rowan Helping Ministries' umbrella. quiçkly and smoothly. The timeline for this project is as follows: Architectural Planning Phase (November 2023) Architectural plans were finalized by The Bogle Firm Architecture in November 2023. These plans will serve as the blueprint for the permanent supportive housing development, outlining the layout, design, and structural details of the project. Environmental Review (January 2024) The environmental review process (as required by the North Carolina Housing Finance Agency SHARP program) will take place in January 2024. Contractor Selection Phase (February 2024) We will initiate the bid process for contractors in February 2024. This process will involve inviting construction companies to submit their proposal and cost estimates for the project. We will use a sealed bid process. 5 City of Salisbury HOME-ARP Project Proposal 2024 We will open bids in mid-February 2024. Our project team will carefully review and evaluate to contractor bids to ensure alignment with project requirements and budget constraints. If necessary, value engineering may be needed, and all contractors will have We will select the most suitable contractor for this project in late February depending on an opportunity to submit a new bid by late February 2024. the need for value engineering. Pre-construction Preparations (March 2024) With the contractor selected, we will finalize contractual agreements and other necessary documentation to initiate the project, including securing all required permits and approvals to begin construction without delays. Construction Phase (March 2024 March 2025) We plan to break ground on this project in March 2024, commencing the construction Over the course of that year, our project team will oversee the construction process, The project team will regularly monitor progress, resolve any unforeseen challenges, and maintain open communications with the contractor to ensure that the project stays on phase. ensuring adherence to specifications and project milestone. track. Project Completion and Resident Readiness (March 2025) By March 2025, we anticipate that the construction of the permanent supportive We will carry out thorough inspections and quality checks to ensure that all units meet the necessary standards for habitability and safety and prepare the units for occupancy. housing units will be completed. Resident Move-In and Program Implementation (March 2025 onwards) Units will be open to residents in late March 2025. We will implement established policies and procedures for tenant selection, case management, documentation, reporting, and program evaluation. Coordination and Operational Integration (Ongoing) Rowan Helping Ministries will leverage existing collaborations and partnerships with other service providers to establish seamless referral pathways and communication We will continuously coordinate efforts with our partners to provide a comprehensive channels to connect residents to needed services. and coordinated approach to addressing residents' needs. 6 City of Salisbury HOME-ARP Project Proposal 2024 Drawing from our organization's extensive experience with operating supportive housing, we will integrate the new permanent supportive housing development into our services aimed at assisting individuals and families working to attain self-sufficiency. 7 City of Salisbury HOME-ARP Project Proposal 2024 PROJECT BUDGET Provide a detailed project or program budget and narrative that specifically identifies how the requested HOME-ARP funds will be spent. Identify other sources of funding to be used implement your project or program in your budget. A detailed project budget is included with this application. This funding request will support the construction of 10 units of permanent supportive housing on the Rowan Helping Ministries campus. Detailed plans fori these units are The land on which these units will be constructed, a 36,600 square foot lot on the 400 block of East Council Street, comprises lots that were purchased in 2012 by Shelter Ministries of Rowan County. Therefore, no land acquisition costs were incurred for this project. These lots have been Chris Bradshaw, owner of C.S. Bradshaw Construction Company and Project Coordinator for this project, estimated the costs of the site work, parking, landscaping, and sidewalk construction to be $74,750, based on standard costs fori these items in Rowan County. He also estimated the total construction costs to be $1,931,679, or approximately $185 per square foot, based on consultation with several other local contractors and past experience building similar projects in Rowan County. Our Housing Development Consultant, Jess Brandes, Senior Director of Real Estate Development for CASA, concurred with his estimates based on the costs fori the nearly- completed transitional housing project on our campus. The construction contingency represents 9.4% of the total estimated construction cost, which is a standard amount set aside for unforeseen costs, risks, events, or changes in scope that may affect this project's cost, particularly in the current economic environment of increasing costs for materials and labor. Pete Bogle, owner of The Bogle Firm Architecture, is the architect for this project and is charging a flat fee of $50,000 for his services. Other professional fees and services, such as those for the soils engineer, surveying, energy efficiency consultant, rezoning, real estate attorney, and housing development consultant are quoted costs provided by those professionals. Thei furnishings and equipment line of this budget includes the installation of the security alsoi included with this application. rezoned to create one parcel. system and security cameras for this project. 8 City of Salisbury HOME-ARP Project Proposal 2024 ORGANIZATION INFORMATION/ORGANIZATION CAPACITY Provide a brief summary of your organization's history and mission. Rowan Helping Ministries will provide the services to residents of the proposed PSH development. Born out ofa cooperative effort among local churches to care for our community's most vulnerable members, Rowan Helping Ministries has been an integral part of the Rowan County community for 36 years. The organization provides shelter, sustenance, and compassionate, effective support to those in need, walking alongside individuals and families as they work to overcome challenges Rowan Helping Ministries' early focus was on providing essential services, including a community kitchen, al homeless shelter, food pantry, clothing center, and crisis financial assistance. As the needs of our community have changed and increased over time, the organization has expanded its services toi include transitional and permanent supportive housing, life skills classes, employment preparation and training, onsite primary health care and behavioral health services, and substance abuse treatment provided through a partner agency. Today, Rowan Helping Ministries' mission is to serve, through cooperative community action, our neighbors in Rowan County who are in crisis, by providing essential life needs and educating Rowan Helping Ministries currently employs 341 full-time and 7 part-time staff members and provides a range of core services designed to transform lives and end homelessness in our community. Rowan Helping Ministries collaborates closely with numerous community partners, some of whom provide their services onsite for easy client access. Programs and services and achieve self-sufficiency and independence. and empowering them to break the cycle of crisis. include: Crisis Assistance Network: This homelessness prevention program provides emergency financial assistance for past due rent, utilities, and other critical needs. It provides vital financial assistance to individuals and families on the brink of eviction and utility disconnection to help stabilize them and overcome their immediate crises. Last year, $482,205 in financial assistance Food programs: Last year, 998,377 pounds of food was provided to our community through three food pantries in Rowan County, which distribute food sourced from community donations and the USDA TEFAP program, for which Rowan Helping Ministries is Rowan County's distribution site. The community kitchen, Jeannie's Kitchen, provides three daily meals for shelter guests and a daily noon meal for community members in need, and served 67,082 meals last year. The Food for Thought program, which has been managed by Rowan Helping Ministries since 2017, provides weekend supplemental food bags fori food-insecure children in 28 Rowan- was provided to the community through this program. 9 City of Salisbury HOME-ARP Project Proposal 2024 Salisbury public schools. Ini the last fiscal year, Jeannie's Kitchen served 67,082 daily meals, and the Food for Thought program provided 36,447 bags to 1,067 students. Shelter and shelter services: In 2014, Rowan Helping Ministries built a new shelter, accommodating around 100 guests, to serve the growing number of homeless citizens in Rowan County. Guests receive individualized case management and referrals to onsite and offsite services provided by community partners. Last year, the shelter provided 727 men, women, and New Tomorrows Life Skills, Employment, and Benefits Programs: The onsite New Tomorrows program provides life skills classes, computer skills training, financial literacy education, and job search preparation and assistance. The New Tomorrows program also hosts professionals from the community who teach classes on a wide range of topics, including budgeting, money management, credit recovery, managing chronic medical and mental health issues, and developing interpersonal skills. Ini the last fiscal year, 413 guests and clients took parti in these Housing programs: Currently, Rowan Helping Ministries operates 101 transitional housing units and 3 permanent supportive houses on its premises. Construction has been completed on 12 additional transitional housing apartments, and residents will begin occupying the units in early 2024. The organization's housing program assists shelter guests and other homeless individuals locate and obtain safe, decent, and affordable housing, of which there is a shortage in our community. Residents are provided with tailored case management, including referral to onsite and community services; assistance with housing location and navigation; rent and utility assistance; essential household items; and housing transition and sustainability assistance. In the past year, Rowan Helping Ministries successfully helped 287 shelter guests secure stable, Street Outreach Program: The Street Outreach Team focuses on addressing the immediate needs of unsheltered homeless community members by connecting them with supportive services including emergency shelter, housing, health services, and substance abuse and mental health treatment, with the goal of empowering them to overcome homelessness and secure permanent housing. In 2022, the Street Outreach Team engaged 229 individuals and connected them with an array of services, including shelter access, permanent housing, bus and train tickets, drug and alcohol detox, referrals to medical and mental health services, and assistance with obtaining photo IDs and other documentation. Of those engaged by the team, 50 were Ini fiscal year 2021-2022, Rowan Helping Ministries provided $2.56 million in services to about 9,000 adults and children through its programs. The depth of the services they provide and their strong partnerships with other local service providers uniquely situates the organization to children with 36,444 overnight stays. classes. permanent housing. successfully housed, and 38 accessed shelter services. 10 City of Salisbury HOME-ARP Project Proposal 2024 empower homeless and low-income citizens to break the cycle of crisis int their lives. As our community has encountered new challenges, such as the COVID-19 pandemic, the opioid crisis, inflation, and al lack of affordable housing, their programs and partnerships have evolved and Describe your organization's experience with and ability to programmatically manage federal funds. Over the years, Rowan Helping Ministries has been awarded and has successfully managed government funding from the Emergency Solutions Grant (ESG) program, Community Development Block Grant (CDBG) funding through the City of Salisbury and the City of Kannapolis, USDA The Emergency Food Assistance Program (TEFAP), Housing Opportunities for Persons With AIDS (HOPWA), and FEMA funding through the Rowan County United Way and Rowan County. Rowan Helping Ministries has administered a' VA Healthcare for Homeless Veterans (HCHV) contract program for over 12 years and a VA Grant and Per Diem (GPD) program since 2020. In 2021, the organization was awarded a $450,000 VA Capital Grant through a competitive grant process fori the construction of transitional housing on the organization's campus, and in 2023 it was awarded two-year, $262,699 VA GPD Case Management grant. During the COVID-19 pandemic, the organization received and successfully managed more than $1.9 million in state and local COVID funding from NCORR, NCDHHS ESG- expanded to meet local needs. CV, CDBG-CV, FEMA, and USDA. 11 City of Salisbury HOME-ARP Project Proposal 2024 SUPPORTING DOCUMENTS Attached is (1) a narrative detailing the supportive services available to residents of the First Horizon permanent supportive housing neighborhood and (2) plans for the duplexes. 12 City of Salisbury HOME-ARP Project Proposal 2024 ATTACHMENT: 1 Residents Supportive Services Available to Rowan Helping Ministries Permanent Supportive Housing Once the resident has moved into their unit, they can access services through Rowan Helping Ministries that might be needed post-transition. Residents can get groceries monthly from the Food Pantry, clothing from the Clothing Center, a free noon meal daily from the onsite community kitchen, Jeannie's Kitchen, crisis financial assistance through the Crisis Assistance Network, and access to needed educational and skills classes through the New Tomorrows program. If the resident has school-aged children ini their household, their assigned case manager will help them get enrolled in the Food for Thought program sO that the child(ren) can receive shelf-stable food items to sustain them through the weekend. Residents can also get assistance with additional sustainability strategies, such as familiarizing themselves with their new neighborhood and creating opportunities for socialization (e.g., locating a place of worship, identifying parks and recreational activities in the area, obtaining a free library card and YMCA Ina addition tot the wrapround services offered by the agency, Rowan Helping Ministries has partnerships and referral relationships with many public and nonprofit service agencies in our Cabarrus Rowan Community Health Centers (CRCHC) provides guests and clients onsite primary care and behavioral health services, including a monthly support group teaching practical mental health strategies. Rowan Helping Ministries provides CRCHC clinical space in the Ketner Center building adjacent to the Crisis Assistance office to ensure easy access for residents. S&H Youth and Adult Services (SHYAS) provides clinical behavioral health services for mental health disorders, substance use disorders, and co-occurring disorders. Residents can be referred to SHYAS for services as needed and requested. SHYAS will also operate the new Peer Support living room which will serve clients at the onset of a mental health crisis. The "living room" concept will enable a client to meet with a peer support specialist as soon as possible in a comfortable, calm environment to help de-escalate a mental health crisis and avoid hospitalization, which will help sustain clients in housing. SHYAS is nationally accredited and licensed by the North Carolina Department of Health and Human Services (NCDHHS) and the Residents of the permanent supportive housing project will have access to the New Tomorrows educational program offerings, held onsite with the purpose of offering life skills and employability resources to those the organization serves to empower them to attain stability and self-sufficiency. The Employability Lab meets twice a week and is made possible by a partnership with Rowan-Cabarrus Community College's (RCCC) career services division. RCCC's instructors offer one-on-one assistance with job searches, resume writing, and other skills, and membership). community. North Carolina Division of Health Service Regulation (NCDHSR). 1 City of Salisbury HOME-ARP Project Proposal 2024 also provide assistance with enrolling in RCCC classes. RCCC offers scholarships for many classes such as Forklift Certification and Truck Driver Training in preparation for obtaining a CDL. Rowan Helping Ministries partners with several local financial institutions to help clients achieve financial stability. Operation HOPE, a nonprofit agency located at First Horizon Bank, teaches financial literacy skills to participants tol help them develop their budgeting skills, improve their credit scores, and create a savings strategy sO that they can achieve and maintain financial independence. Operation HOPE also offers free one-on-one financial counseling via Zoom appointment to program participants. Another partner, Woodforest Bank, provides budgeting classes and works with participants to secure bank accounts if they have had difficulty doing SO Rowan Helping Ministries works with several partners to help those with prior criminal convictions or whol have been incarcerated overcome barriers to securing employment. Project Re-Entry, which coaches formerly incarcerated individuals on soft skills, life skills, and marketing themselves to employers, is made possible through a partnership with Goodwill Career Connections. The local NC Works Career Center also provides services to individuals with criminal records. In addition to the services provided to all job seekers, individuals with a criminal record have access to the following resources: assistance with writing resumes and a "letter of explanation" detailing their criminal record and/or incarceration and indicating rehabilitative efforts; information about employer policies regarding hiring individuals with a criminal record; and workshops specific to addressing concerns of jobseekers with a criminal Goodwill's Employment Development Generates Enrichment (EDGE) program offers paid work experience opportunities, on-the-job training, career coaching, skills training options, and employment assistance for job seekers. NC Work Career Center's NextGen Program helps youth ages 16-24 who have at least one barrier to employment locate and attain employment. The NC Manufacturing Institute (NCMI) provides technical skills training and education for those seeking higher-paying jobs int the manufacturing industry, a major employment sector our region. C.A. DuPree Paralegal Services, a professional legal services entity certified by the Social Security Administration, helps clients secure Social Security, disability benefits, and other benefits for which they may qualify. Rowan Helping Ministries partners with Rowan County Department of Social Services (DSS) to help clients apply for services administered by that Through the New Tomorrows program, professionals from our community teach classes ona wide range of topics, including budgeting, money management, credit recovery, managing chronic medical and mental health issues, and developing interpersonal skills. Several classes and support groups tailored to the needs of Veterans are offered weekly, including a weekly Veteran's Wellness Recovery Action Plan (WRAP) support group and a Veteran's employment preparation class held by representatives from NC Works and' Veterans at other banks. record. agency. 2 City of Salisbury HOME-ARP Project Proposal 2024 Services of the Carolinas. Any qualifying Veteran can receive assistance with finding and securing employment, purchasing job-related clothing or tools, and transportation toi their worksite. The U.S. Department of Labor also offers Veterans in-person career workshops Participants can also access health and personal empowerment classes and opportunities through New Tomorrows Partners. These include: the Carolinas CARE Partnership mobile unit, which comes to Rowan Helping Ministries every six weeks to connect those living with HIV ora at risk of HIV to critical resources and information; Health & Hope classes, which feature a variety of empowering and inspiring speakers on topics relevant to those experiencing homelessness; and presentations from Campbell University School of Osteopathic Medicine medical students on a variety of health-related topics, including heart health, chronic pain, bladder health, HIV prevention, skin cancer prevention, prescription drug take-back programs, physical fitness, and Clients are able to give back to the community by participating ini the planting, tending, and harvesting of the produce grown int the Garden of Eatin'. This volunteer-run community garden supplies fresh produce to feed our community through. Jeannie's Kitchen. Guests and participants can also participate int the City of Salisbury's Adopt-A-Street Program, in which they help maintain the streets and sidewalks surrounding the Rowan Helping Ministries Campus by New Tomorrows' offerings may vary due to program changes, staff availability, or changing client needs. Rowan Helping Ministries is always seeking out new partnerships and developing new programs in response to community needs. Residents in Rowan Helping Ministries' First Horizon Permanent Supportive Housing project will have access to individualized case management and to the services they and their community partners provide if needed and through their Off-Base Transition Training (OBTT) Program. nutrition. removing litter. desired. 3 1. Describe the methods used to determine client eligibility for permanent supportive housing? It's important that the units are designated for HUD's definition of Qualifying Populations (Section IV). How will you ensure and document that benefits are going to Qualifying Populations? Does RHM have established ori intended preferences or prioritization criteria (i.e. victims of domestic violence, veterans, etc)? Will you maintain a waiting list? We will prioritize individuals and households who are literally homeless (Category 1). We will maintain aj project-specific waitlist fort this project (Note: We are required byt the NCHFA SHARP program to use a project-specific waitlist). We will create a written tenant selection policy. Applicants will be selected in chronological order to the greatest extent possible. We use the VI-SPDAT (Vulnerability Index - Service Prioritization Decision Assistance Prescreen Tool) to identify and prioritize individuals experiencing homelessness based on their vulnerability and needs. A VI-SPDAT score greater than 8 indicates that PSH may be an appropriate intervention for a client. Currently, we ask clients for 4 paystubs to verify income/employment. We will use the standard order of priority for documenting evidence to determine homeless/Chronicaly homeless status: third-party documentation, intake worker observations through Outreach/interview/assessment, and self-certification byt the client. 2. Can you help us understand if you're defining Permanent Housing under the Continuum of Care (CoC), Emergency Solutions Grant (ESG), or Permanent Affordable Housing? We are using the CoC 3. Describe the process used for initial and annual income certifications? What is the process for establishing rent and utility allowances? How doy you ensure that clients are not paying more than 30% of their income on housing related expenses? Will tenant based vouchers, or other forms of subsidy be layered? Rent will not exceed 30% of the participant's monthly household income/Low HOME rent limit, including utilities. We will use the Rowan County Housing Authority Preferred Utility Allowance initially until we determine trends in utility bills. We have reached out to each of the local Housing Authorities (Salisbury Housing Authority, Rowan County Housing Authority, and East Spencer Housing Authority). East Spencer Housing Authority is willing to amend its Annual Plan toi include project-based voucher 4. We need to understand sources of financing for the development project, detailed development costs, and have assurances that the project will start within 12 months of award. Please see attached 5. As part of underwriting, we also need to understand the ongoing operating budget for things like administration, insurance, utilities and maintenance. Does RHM have a pro forma for the project we can review that might show how the project will stay solvent for the period of compliance (15 years)? 6. It'd be helpful to see a copy of the lease agreement they currently use to ensure there aren't 7.0 Confirm if all units will be designated for Qualifying Populations, ori if a percentage are available for "low-income households". All units will be designated for Qualifying Population 1, currently literally 8. Do you have an Affirmative Fair Housing Marketing Plan or an ADA Self Compliance Plan (see definition of permanent supportive housing. assistance by July 2025. budget. A pro forma fort this project is attached. conflicts with #19, pg. 35. As sample lease agreement is attached. homeless. attached)? We are ini the process of developing these plans. 2024 HOME-ARP PROPOSAL: DEVELOPMENT BUDGET Funded by Rowan Funded by City of Cost to Project ARP N/A $74,750 $1,931,679 $193,168 N/A $529,960 $30,000 $8,400 $10,000 $20,000 $9,000 $11,500 $35,000 $22,000 $6,000 N/A $12,500 $5,000 $4,500 $5,000 $5,000 $10,000 $25,000 $110,000 $33,971 $20,000 County HOME- Salisbury HOME- Funded by NCHFA Funded by Other Cost Item ARP SHARP $74,750 $74,750 $902,012 $120,385 $205,402 $1,227,799 $8,400 $10,000 $20,000 $9,000 $11,500 $35,000 $22,000 $6,000 N/A $12,500 $5,000 $4,500 $5,000 $10,000 $25,000 $110,000 $33,971 $327,871 Sources Totals $0 $74,750 $0 $72,783 N/A $128,166 $200,949 $30,000 $0 $0 $0 $0 $0 $0 $0 $0 N/A $0 $0 $0 $0 $5,000 $0 $0 $0 $0 $35,000 $20,000 $20,000 $255,949.00 $2,933,457.00 Land Acquisition Site mprovements New Construction General Requirements Contractor Overhead and Profit Construction Contingency" Architectural Design Construction Inspection Civil Engineer Soils Engineer Construction Insurance Construction Loan Origination Fee Construction Loan Interest Water/Sewer Impact Fees Survey Property Appraisal Environmenta Report ** Title & Recording Fee Cost Certification Fee Real Estate Attorney Rezoning Costs Energy Efficiency Consultant *** Housing Development & Consulting Fee *** Developer Fee *** Payment & Performance Bond *** Furnishings & Equipment TOTAL IMPROVEDI LAND $0.00 $738,812 $0.00 $290,855 $196,392 $487,247 TOTAL CONSTRUCTION $738,812 $2,654,807 TOTAL SOFT COSTS TOTAL OTHER EXPENSES TOTAL DEVELOPMENT BUDGET $0 $738,812.00 $0 $183,900 $20,000 $487,247.00 $1,630,420.00 Contingency includes potential for additional duplex on Salisbury Community Development Corporation donated property ifbids come back close to original budget ** Increased by SHARP grant requirement over orignal budget to County & City 2024 HOME-ARP PROPOSAL: FUNDING SOURCES Source Amount of Funds Type Status Loan Amortizing Intere term (years) period rat City of Salisbury HOME-ARP Funds Rowan County HOME-ARP Funds NCFHA SHARP Bank Loan * Capital Campaign TOTAL SOURCES under construction. $487,247 $738,812 $1,630,420 $325,000 Mini-perm loan $255,949 $3,437,428 5 20 Committed Our goal is to raise all funds through the capital campaign - the loan will allow us to continue fundraising while the project * Bank Loan needed pending reimbursements from grants FIRST HORIZON PERMANENT SUPPORTIVE HOUSING NEIGHBORHOOD PROFORMA Vacancy Rate Year 1: Vacancy Rate Year 2: Vacancy Rate Years 3-15: Annual Increase in Project Income: Annual Increase in Project Expenses: PROJECT CASH FLOW Rents Project-Based Rental Assistance Other Project Income subject to vacancy Services Income subject to vacancy Community Contributions Vacancy Deduction Real Estate Income not subject to vacancy Services Inc. not subject to vacancy EFFECTIVE GROSS INCOME Project Expenses NET OPERATING INCOME Total Debt Service CASH FLOW DEBT COVERAGE RATIO PROJECT CASH FLOW Rents Project-Based Rental Assistance Other Project Income subject to vacancy Services Income subject to vacancy Community Contributions Vacancy Deduction Real Estate Income not subject to vacancy Services Inc. not subject to vacancy EFFECTIVE GROSS INCOME Project Expenses NET OPERATING INCOME Total Debt Service CASH FLOW DEBT COVERAGE RATIO PROJECT CASH FLOW Rents Project-Based Rental Assistance Other Project Income subject to vacancy Services Income subject to vacancy Community Contributions Vacancy Deduction Real Estate Income not subject to vacancy Services Inc. not subject to vacancy EFFECTIVE GROSS INCOME Project Expenses NET OPERATING INCOME Total Debt Service CASH FLOW DEBT COVERAGE RATIO 7% 7% 7% 2% 3% $0 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 0 Year 1 Year 2 Year3 Year4 Year5 $14,751 $15,046 $15,347 $15,654 $15,967 $21,606 $22,656 $23,746 $24,877 $26,050 $1,033 $1,053 $1,074 $1,096 $1,118 $26,500 $27,030 $27,571 $28,122 $28,684 $61,824 $63,679 $65,589 $67,557 $69,583 $61,824 $63,679 $65,589 $67,557 $69,583 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 0 Year 6 Year7 Year 8 Year9 Year 10 $16,286 $16,612 $16,944 $17,283 $17,628 $27,267 $28,529 $29,838 $31,195 $32,602 $1,140 $1,163 $1,186 $1,210 $1,234 $29,258 $29,843 $30,440 $31,049 $31,670 $71,671 $73,821 $76,036 $78,317 $80,666 $71,671 $73,821 $76,036 $78,317 $80,666 Year 11 Year 12 Year 13 Year 14 Year 15 $17,981 $18,341 $18,707 $19,081 $19,463 $34,060 $35,573 $37,140 $38,765 $40,447 $1,259 $1,284 $1,310 $1,336 $1,362 $32,303 $32,949 $33,608 $34,281 $34,966 $83,086 $85,579 $88,146 $90,791 $93,514 $83,086 $85,579 $88,146 $90,791 $93,514 the BOGLE FIRM ARCHIECTURE 110N. MAINST * 000 1BD/1BATH TYPEB 000 000 000 1BD/1BATH TYPEA 1BD/1BATH TYPEA GAZEBOI PICNIC COMMUNITY oc9 1BD/1BATH TYPEB 000 SITE PLAN 000000 0000000000 0000 OGV C 2BD/2BATH TYPEA 1BD/1BATH TYPEB 1BD/1BATH TYPEB 2BD/2BATH TYPEA 1BD/1BATH TYPEB BD/1BATH TYPEB BYOTHERS 000 9L0000 000 000 000 0T0009 FIRST ROWANHEPNGMNSIRES SALISBURY,NC A1-01 NOTE: SITE PLAN 2182'SF 897SF 1393SF 1393SF ATED HEATEDA SHEETNUMBER CHECKEDE Al DATE: 05.1623 PROJECT#: OF: A1-02 VINCINITY MAP the BOGLE FIRM ARCHITECTURE 14-112 A2-03 PICNIC SHELTER PLAN ONE BEDROOM DUPLEX PLAN& PICNIC SHELTER A2-04 PICNIC SHELTER ELEVATION NOTES: TOBE FRONT LOADING ADAA ACCESSIBLE SINKS FOR REAR FOR ACCESSIBLE BATHROOM PROVIDEE PROVIDE AT ACCESSIBLE AND A2-01 HEATEDA ONE BEDRM DUPLEX 2182SF FIRST HORIZONSD DUPLEX ROWANHEPNGMNSIRES SALISBURY,NC A2-05 PICNIC SHELTER ELEVATION CHECKEDBY: A2 DATE: 03.03.21 PROJECT#: OF: the BOGLE FIRM ARCHITECTURE 110N. MAINST TWO BEDROOM DUPLEX PLAN FIRST ROWANHEPNGMNSIRES SALISBURY,NC NOTES: TOBE FRONT LOADING ADAA ACCESSIBLE PROVIDE REARI DRAINING SINKSFOR PROVIDE REARI LAVATORYFOR ACCESSIBLE BATHROOM PROVIDE UNITS PROVIDE BLOCKINGA AT HANGINGF RODA ANDCLOSET SHELF A3-01 HEATEDA TWO BEDRM DUPLEX 1393SF A3 DATE: 03.03.21 PROJECT#: OF: the BOGLE FIRM ARCHITECTURE A4-04 ONE AND TWO BEDRM DUPLEX ENTRY PORCHE ELEV A4-01 ONE AND TWO BEDRM DUPLEX FRONT ELEV ONE ANDTWO BEDRM DUPLEX EXT ELEVATIONS A4-05 ONE BEDRM DUPLEX SIDEELEV A4-02 TWO BEDRM DUPLEX SIDEELEV FIRST HORIZONSD DUPLEX ROWANHEPNGMNSIRES SALISBURY,NC A4-03 ONE AND TWO BEDRM DUPLEX REARE ELEV CHECKEDBY: A4 DATE: 03.03.21 PROJECT#:. OF: Salisbury City Council Agenda Item Request Form Please Select Submission Category: Public Council Manager X Staff Requested Council Meeting Date: February 20, 2024 Name ofGroup(s) or Individual(s) Making Request: City Attorney Name of Presenter(s): Graham Corriher Requested Agenda Item: Council to consider approving a first reading of ordinance revisions related to Description of Requested Agenda Item: At its regular meeting on February 6, 2024, City Council received a presentation on revisions to ordinances related to panhandling. No changes have been made to the proposed ordinances. Since the ordinances involve criminal penalties, City Council is required to vote to approve the ordinances at two separate meetings. This will be the first reading. Ifa approved, these will come back to council panhandling. for final approval on March 5, 2024. Attachments: Yes No Fiscal Note: (ffiscal note requires approval by finance department because item exceeds $100,000 ori is related to grant! funds, please fill out signature Action Requested of Council for Agenda Item: Council to adopt an ordinance amending various sections of the Salisbury Code ofOrdinances and approve fees of$60 for an educational sign and $45 for the post. blocks for finance atl bottom ofform and provides supporting documents) Contact Information for Group or Individual: Graham Corriher (704) 638-5309 Consent Agenda (item requires no discussion and will be voted on by Council or removed from the consent agenda to the regular agenda) Regular. Agenda (item to be discussed and possibly voted on by Council) FINANCE DEPARTMENT INFORMATION: Finance Manager Signature Budget Manager Signature Department Head Signature ****AIL agenda items must be submitted at least 7 days before the requested Council meeting date*** For Use in Clerk's Office Only AN ORDINANCE AMENDING CHAPTER 22, ARTICLEI, OF THE CODE OF THE CITY OF SALISBURY, RELATING TOSTREETS AND SIDEWALKS Bei it ordained by the City Council oft the City of Salisbury, North Carolina, as follows: amended to delete the stricken language and add the underlined language as follows: SECTION 1. That Section 22-5, Article I, of the Code of the City of Salisbury be Sec. 22-5.- KEEEwldang street or sidewalk. Its shall be unlawful for any person to elerereemgregsle-en-the-sidewals eF-SeeF--an-mAReF-block or obstruct, whether temporarily or permanently.sehr-any_sidewakz or street. For purposes of this ordinance.a sidewalk is "blocked" or "obstructed" when there is not a continuous clear width of pedestrian access of at least four (4) feet; S-a0r streets by-stepping and interfering with Padeiw-sr-veheleisz "blocked" or "obstructed" when the regular flow of traffic is impeded. Av violation ofthis section is punishable as a misdemeanor. SECTION 2. That Section 22-5, Article I, of the Code of the City of Salisbury be amended to add the language as follows: Sec. 22-5.1.- - Public: solicitation, begging, panhandling regulated. 1. Definitions. a. "After dark" means the time between one-half hour after sunset until one-half hour before sunrise, as sunset and sunrise are determined by the U.S. Naval b. "Aggressive public solicitation, begging, or panhandling" means to engage public solicitation, begging, or panhandling while engaging in the following - Confronting someone in a way that would cause ai reasonable person to ii. Accosting an individual by approaching or speaking to the individual ins such a manner as would cause ai reasonable person to fear imminent bodily harm or the commission of a criminal act upon the person, or iv. Using obscene or abusive language toward someone while attempting V. Forcing oneself upon another by engaging in any of the following conduct: (1) continuing to solicit in close proximity to the person addressed after the person to whom the solicitation is directed has made a negative response, either verbally, by physical sign, by Observatory. conduct: fear bodily harm; upon property in the person's s immediate possession; iii. Touching someone without the person's consent; tos solicit the person; attempting to leave the presence of the person soliciting, or by other negative indication; (2) blocking the passage oft the person solicited; or (3) otherwise engaging in conduct that could reasonably be construed as intending to compel or force aj person to accede to a solicitation; vi. Acting with the intent to intimidate someone into giving money; or vii. Other conduct that ai reasonable person being solicited would regard as threatening or intimidating in order to solicit a contribution or "Financial institution" means any bank, industrial bank, credit union, or d. "Public solicitation, begging, or panhandling" is any action that is conducted in the furtherance of the purpose ofi immediately collecting contributions for the use ofone's self or others, regardless of whether the contributions are for personal, political, or charitable uses. As used in this section, "solicil" has the same meaning as public solicitation, begging, or panhandling. a. Public solicitation, begging, or panhandling is permitted except where b. Aggressive public solicitation, begging, or panhandling is prohibited. Public solicitation, begging, or panhandling is prohibited in the following places where there exist heightened personal security or privacy concerns: Within twenty (20) feet of an automated teller machine (ATM) or 11. Within ten (10) feet of a public bus stop or public transit facility, or in iii. Within ten (10) feet of a sidewalk café during operating hours unless the solicitor's presence is authorized by the proprietor; iv. Within ten (10) feet ofaj person waiting in line to enter any building; V. Within ten (10) feet ofai nursery, daycare, or school. vii. Any other location which could give a reasonable person a reasonable, justifiable concern for the person's personal security due to congestion viii. Any other location in which a reasonable person would have a reasonable and justifiable concern for the person's privacy. donation. savings and loan association. 2. Public solicitation, begging, or panhandling regulated. expressly prohibited. financial institution; aj public transit vehicle; vi. Anywhere after dark; and close proximity to others; or 3. Penalty. A violation oft this section is punishable as ai misdemeanor. Sec. 22-5.2 Unlawful activity in or near high-traffic or high-collision roads. 1. Detinitions. a. "High-traffic road" means a road or road segment which has an annual average daily traffic (AADT) count equal to or greater than 10,000 vehicles per day according to the North Carolina Department of Transportation's b. High-collision road" means one of the following roads or road segments that isnot a high-traffic road but which has been identified by the Salisbury Police (NCDOT) AADT mapping application. Department as a road or road segment with a heightened risk for traffic . Faith Road between East Innes Street and Jake Alexander Boulevard. ii. Arlington Street between East Council Street and Old Concord Road. "Physically engage" means to exchange or attempt to exchange goods, money, information, directions, greetings, or any other form of exchange which would cause a person to psychically touch a driver or occupant, collisions: including by use of any apparatus or tool. 2. Unlawful to be in median. It shall be unlawful for any person to stand, sit, or lie on any median strip within a road or road segment, or within 100 feet of a road or road 3. Unlawful physically engagement between drivers or occupants and non-occupants. It shall be unlawful for any person to physically engage or attempt to physically engage with any driver or occupant ofa vehicle while the vehicle is operating on any high- traffic road or high-collision road. It is not unlawful for a person to exchange information, directions, greetings, or otherwise communicate with any driver or occupant in ai manner that does not constitute physical engagement. 4. Exception. This section shall not apply to anyone performing work within the roadway where such work is authorized by the NCDOT or the City of Salisbury. 5. Penalty. A violation oft this section is punishable as ai misdemeanor. SECTION 3. That all ordinances, or the parts of ordinances in conflict with this SECTION 4. That this Ordinance shall be effective upon adoption by the City of segment, that is al high-traffic road or a high-collision road. ordinance, are hereby repealed to the extent ofs such conflict. Salisbury from and after is passage. Salisbury City Council Agenda Item Request Form Please Select Submission Category: Public Council Manager X Staff Requested Council Meeting Date: February 20, 2024 Name ofGroup(s) or Individual(s) Making Request: Sada Stewart Troutman, Downtown Development Requested Agenda Item: Update on the Downtown Parking Pilot Program Description of Requested Agenda Item: Beginning in January 2023, the City enacted a Downtown Salisbury Parking Pilot Program, in which 30 spaces were made available for Downtown stakeholders to apply for an annual lease ofu up to two parking spaces. Spaces were made available in the Center City Lot, Wells Fargo Lot and COB Lot. All spaces in the Wells Fargo Lot and Center City Lot were leased for the entire year, while no spaces were leased in the COB Lot. Details oft the parking pilot program structure are in the attached document. This update will review the program after one year, and provide staffrecommendations for future steps. Attachments: Yes No Fiscal Note: (Iffiscal note requires approval by finance department because item exceeds $100,000 or is related tog grant funds, please fill outs signature Action Requested of Council for Agenda Item: Approve an additional year oft the Downtown Salisbury blocks forj finance atl bottom off form and provide supporting documents) Parking Program, and approve additional spaces to lease. Contact Information for Group or Individual: Sada Stewart Troutman, 704-638-5239 Consent Agenda (item requires no discussion and will be voted on by Council or removed from the consent agenda to the regular agenda) Regular Agenda (item to be discussed and possibly voted on by Council) FINANCE DEPARTMENT INFORMATION: Finance Manager Signature Budget Manager Signature For Use in Clerk's Office Only Department Head Signature *****All agenda items must be submitted at least 7 days before the requested Council meeting date*** Approved Delayed Declined Downtown Salisbury Pilot Program, 2024 Purpose Commercial and Residential Parking Program The purpose of this pilot program is to address the need for more parking options in Downtown Salisbury. While the City offers many on-street and off-street parking locations, this program aims to specifically address the need for residents, property and business owners, and employees to have parking options that are: not on Main Street or Innes Street. This program will free up parking in front ofl buildings (on Main Street and Innes Street, as well as side streets) for Downtown customers The advocacy of Downtown Stakeholders and the support of the Police Department has resultedin the opening ofa full time Police Department civilian position dedicated to the Dowtown. The goal of this position is to forge strong relationships with the Downtown stakeholders, including educating and enforcing parking restrictions. Previous conversation and assessment had from the public and the 2023 Commercial and Residential Parking Program has shown need for variety of parking options throughout the downtown to address multiple locations, which this pilot program This pilot program will continue through the end of the current calendar year to continue to and visitors. will continue to offer and analyze. evaluate demand, and will offer updates to the City Council. Coordination This program is coordinated by the Downtown Development Department, located at 217 S1 Main Street, City Hall. Individuals should direct inquiries and payments to this department via email or Leasing will open on XX and the pilot program will go into effect on March 1,2024. There will be nol holds on parking spaces without a complete application and payment in full. Each person may lease up to two (2) parking spaces. This is a first come, first served program, and the applications opens at 12pm on XX. It will be available on the Downtown Salisbury website osdomomallapcene or in person at the Downtown Salisbury office. phone, sada.troutman@salisburync.gov or 704-637-7814. Terms and Lease Process Submit Downtown Parking Space Application online or inj person, including acknowledgement that there will also be al lease agreement to be signed, as well as proofof downtown residency, property ownership or employment, as is required to lease aj parking Bring current ID, completed application and proof oft residency, building ownership or employment (utility bill, lease, driver's license, letter from employer, etc.) to the Downtown Salisbury office at 217: S Main Street. once contacted by the Downtown Salisbury office. staff Approve and sign all documents, including the Downtown Parking Lease Agreement. space. with acknowledgement oft timely application. HECITYOP Salisbury Northo Carolina" Downtown Development Pick up permit after final approval of the required documentation with 3-5-day turnaround time. Cost for Spaces Place the permit in vehicle (placard on rearview mirror) when parkedin the spot. 35/space/month-s420/space/year with payment due upon receipt of permit. Payment will be prorated based on date that the permit is approved. There willl be a $10 fee for replaced placards in the event of a lost card. Operation This pilot program willl be only for off-street parking in designated City-owned lots. Residents or business owners will be able to purchase spaces within a specific lot, and that permit will only be valid for that specific lot. The permit will NOT be parking space specific, ratheri it will be parking lot specific. For example, ifa permit is purchased for the Wells Fargo lot, the permit-holder may park in any of the 151 parking spaces denoted by a sign. The permits and lots willl be designated by color. Leased parking spaces will be marked with signs that say "Permit Required" (or something similar) and indicate the appropriate permit for that lot. Please see attached map. -West Fisher StreetLot, Former Wells Fargo (yellow lot): 15s spaces -Central City Lot (red lot): 5 spaces (BernhardtLot), There willl be an annual cost to the parking program, and permits will be valid from the program start date until December 31. At this point, with continuation oft the program following the pilot year, renewals will be available. People interested inl leasing available spaces later in the year will pay prorated rates. Except where the City can re-lease the space, no refunds will be permitted for those who do not fulfill their lease.For general assistance or concerns with the parking program once enacted, please call Downtown Development at 704-637-7814 during the hours of 8:30am to 5pm, Monday-Friday, except City holidays. For assistance or concerns outside oft those hours, feel free to What to do in the event a non-permitted vehicle is in a permit-only space? Ifyou find someone parked in a parking space reserved for this program, who does not havea permit displayed, please call the Salisbury Police Department at the NON-EMIERGENCY number, 704-216-8500. The Salisbury Police Department many tow or ticket the vehicle parked in the permit-only space. A parking violation is a low priority call and may take time for an officer to be call and leave a voicemail, or email suntodsalsburyncgos dispatched, depending on circumstances. 2 HECITYOP Salisbury North Carolina" Downtown Development Parking Placard: PARKING PARKING PERMIT PERMIT *There will be a $10 fee for replaced placards in the event of a lost card. Parking Space Sign: PERMIT PARKING ONLY YELLOW VIOLATORS WILL BE TICKETED OR TOWED AT VEHICLE OWNER'S EXPENSE PERMIT PARKING ONLY RED VIOLATORS WILL BE TICKETED OR TOWED AT VEHICLE OWNER'S EXPENSE 3 THECITYOF Salisbury North Carolina" Downtown Development Parking Maps: West Fisher Street Lot, YellowLot 15spaces, 30% of the lot 4 HECITYOP Salisbury Northo Carolina" Downtown: Development Central City (Bernhardt) Lot, Red Lot 5spaces, 12.2% oflot 5 HECITYOP Salisbury Carolina- Downtown) Development Downtown Lot Location for Pilot Program (Included lots highlighted in orange) Cemetery T3 terior owver reen 6 HECITYOP Salisbury NorthCarolina- Downtown Development Downtown Salisbury Pilot Program, 2022-2023 Commercial and Residential Parking Program Purpose The purpose of this pilot program is to address the need for more parking options in Downtown Salisbury. While the City offers many on-street and off-street parking locations, this program aims to specifically address the need for residents, property and business owners and employees tol have parking options that are not on Main Street or Innes Street. This program will free up parking in front ofl buildings (on Main Street and Innes Street, as well as side streets) for customers and visitors The advocacy of Downtown Stakeholders and the support of the Police Department has resulted in avery capable hire for parking enforcement, and has resulted in a rigorous ticketing program. This has shown need for variety of parking options throughout the downtown to address multiple This pilot program will run for one year to evaluate demand, and will offer updates to Council at tol Downtown. locations, which this pilot program will offer. more frequent intervals. Coordination This program is coordinated by the Downtown Development Department, located at 217: SI Main Street, City Hall. Individuals should direct inquiries and payments to this department via email or Leasing will open on December 14, 2022, and the pilot program will goi into effect on January 1, 2023. There will be no holds on parking spaces without a complete application and payment in full. Each person may lease up to two (2) parking spaces. This is a first come, first served program, and the applications opens at 12pm on December 14h. It will be available on the Downtown Salisbury website www.dovntovnsalisburync.com) or inj person at the Downtown office. phone, sada.troutman@salisburync.gov or 704-637-7814. Terms and Lease Process Submit Downtown Parking Space Application online or in person, including acknowledgement that there will also be al lease agreement to be signed, as well as proofof downtown esidency,property ownership or employment, as is required tol lease aj parking Once contacted by the Downtown office staff with acknowledgement of timely application, bring current ID, completed application and proof of residency, building ownership or employment (utility bill, lease, driver's license, letter from employer, etc.) to the Downtown Approve and sign all documents, including the Downtown Parking Lease Agreement. After final approval of the required documentation, a permit will be available for pickup with Place the permit in vehicle (placard on rearview mirror) when parked in the spot. space. office at 217 SI Main Street. 3-5-day turnaround time. HEC CITYOP Salisbury North Carolina- Downtown) Development Cost for Spaces Operation 3/pate/month-s420/paceyearvitha payment due upon receipt of permit. This pilot program will be only for off-street parking in designated City owned lots. Residents or business owners will be able to purchase spaces within a specific lot, and that permit will only be valid for that specific lot. Thej permit will NOT be parking space specific, rather it will be parking lot specific. For example, ifa permit is purchased for the Wells Fargo lot, the permit-holder may park in any of the 10 parking spaces denoted by a sign. The permits and lots will be designated by color. Leased parking spaces will be marked with signs that say "Permit Required" (or something similar) and indicate the appropriate permit for that lot. Please see attached map. -West Fisher Street Lot, Former Wells Fargo (yellow lot): 10 spaces -City Office Building Lot (blue lot): 15 spaces (lower lot) -Central City Lot (red lot): 5 spaces (Bernhardt Lot) There willl be an annual cost to the parking program, and permits will be valid January 1-December 31.At this point, with continuation of the program following the pilot year, renewals will be available. People interested in leasing available spaces later in the year will pay prorated rates. Except where the City can re-lease the space, no refunds will be permitted for those who do not fulfill their lease. This will be a first come, first served pilot program. What to do in the event a non-permitted vehicle is in a permit-only space? For general assistance or concerns with the parking program once: enacted, please call Downtown Development at 704-637-7814 during the hours of 8:30am to 5pm, Monday-Friday, except City holidays. For assistance or concerns outside oft those hours, feel free to call and leave a voicemail, or Ifyou find someone parked in a parking space reserved for this program, who does not havea permit displayed, please call the Salisbury Police Department at the NON-EMERGENCY number, 704-216-8500. The Salisbury Police Department many tow or ticket the vehicle parked in the permit-only space. Aj parking violation is al low priority call: and may take time for an officer to be email ainfoQalisburyncgor, dispatched, depending on circumstances. HECITYOF Salisbury Northo Carolina" Downtown! Development Parking Placard: PARKING PERMIT PARKING PARKING PERMIT PERMIT *There will be a $10 fee for replaced placards in the event of al lost card. Parking Space Sign: PERMIT PARKING ONLY RED VIOLATORS WILL BE TICKETED OR TOWED AT VEHICLE OWNER'S EXPENSE PERMIT PARKING ONLY BLUE VIOLATORS WILL BE TICKETED OR TOWED AT VEHICLE OWNER'S EXPENSE PERMIT PARKING ONLY YELLOW VIOLATORS WILL BE TICKETED OR TOWED AT VEHICLE OWNER'S EXPENSE FHE CITYOP Salisbury NorthCarolina" Downtown! Development Parking Maps: 10spaces West Fisher Street Lot, YellowLot HECITYOP Salisbury North Carolina* Downtown! Development City Office Building Lot (Lower), Blue Lot 15spaces, 19.7%ofk lot HEC CITYOP Salisbury North Carolina" Downtown! Development Central City (Bernhardt) Lot, Red Lot 5spaces, 12.2%oflot FHECITYOP Salisbury North Carolina" Downtown! Development Downtown Lot Location for Pilot Program (Included lots highlighted in orange) NORTH CAROLINA ROWAN COUNTY PARKING LEASE AGREEMENT This Parking Lease Agreement ("Lease") is entered into [MONTH] [DATE), [YEARI, by and between the City of Salisbury, a North Carolina municipal corporation ("City"), and [NAME OF For and in consideration of the mutual promises set forth in this Lease, the Parties hereby 1. Leased Space. The City agrees to lease to Lessee [one (1) or two (2)] parking space(s) located in the [NAME OF LOT] (the "Lot"). Lessee is entitled to park in any of the parking LESSEE), individually (Lessee)(colecively, the Parties"). agree as follows: spaces in the Lot labeled "Permit Parking Only" (the "Leased Space'). 2. 3. before January 1, 2023. 4. Term. The Term of this Lease shall be for one (1) year, beginning January 1, 2023, Lease Payment. Lessee shall pay the City rent in the amount of Four Hundred Use of the Leased Space. The Leased Space shalll be used only for parking purposes and ending December 31, 2023, unless sooner terminated as set forth in this Lease. Twenty and 0/100 Dollars ($420.00) per parking space. Rent is due and payable to the City onor oft the Lessee. Lessee shall abide by and strictly conform to all rules established by the City as those rules may from time to time be amended in the City's sole discretion. Lessee shall not deface or damage the Leased Space or any part of the Lot. In the event of damage to the Leased Space or Lot, the City may charge Lessee for damages incurred due to the deliberate or negligent actions of Lessee acknowledges that the City hosts several public events throughout the year, including, but not limited to, the Cheerwine Festival, the Pride Festival, Pops at the Post, Juneteenth, Halloween FunFest, Photos & Firetrucks with Santa and the Grinch, and New Year's Eve at Bell Tower Green. During these and other public events, which collectively shall not exceed ten (10) days oft the Lease Term, Lessee shall not be entitled to the use of the Leased Space. The City shall provide Lessee with at least 48 hours' advanced written notice (by hand delivery, U.S. Mail, or e-mail) of the public event which shall designate the date(s) and time the Leased Space will not be available to Lessee. The City has the authority to require that Lessee abandon the Leased Space for more than ten (10) days during any Lease Term, but Lessee shall be entitled to a reduction in the monthly fee pro-rata for any period of time the Leased Space is not available beyond. the ten (10) days allowed by this the Leased Space without the consent of the City. Ift the Lease is assigned, transferred, or sublet by the Lessee without the written consent of City, this Lease shall immediately terminate. In the event any assignment or subletting of the Leased Space is consented to by the City, Lessee shall remain liable to City for the payment of rent and for the faithful performance of the covenants and conditions oft this Lease by the assignee or sub-lessee tot the same extent as though the Leased Space had not the Lessee and terminate the Lease. 5. Lessee not entitled to use of Leased Space during designated City events. Lease. 6. No assignment without consent of City. Lessee may not assign, transfer, or sublet been assigned or sublet. 7. Events of Default. 1 a. For Lessee. Events of Default for Lessee include the following: (1): failure to timely make rent payment and failure to cure as provided in this Lease; (2) damaging the Leased Space and failure to cure or repair the same within thirty (30) days of written notice from City; (3) failure to comply with the rules and regulations established by the City and Lessee continuing such violation after written notice from City; and (4) any other material breach of the terms and conditions of this Leased Space; (2) interference with Lessee's use of the Leased Space; and (3) any other material Lease. b. 8. a. b. For City: Events of Default for the City include the following: (1) failure to provide breach of the terms and conditions of this Lease. Termination. Upon the expiration of the Lease Term. This Lease shall terminate without action of For convenience. Lessee may terminate this Lease at any time upon notice to City. either Party at the end of the Lease Term. Lessee is not entitled to any extension(s) of the Lease Lessee shall be responsible for any rent not paid as of the date of termination, including any pro- rated amounts to the date of termination. The City may terminate this Lease for convenience upon 30 days' priorwritten notice to Lessee. Int the event oft termination by the City for convenience, Lessee ten (10) days of notice from the City to the Lessee and the Lessee tendering payment in full of the monthly rent and any late payment, this Lease may be terminated after notice to the other Party that an Event of Default has occurred and expiration oft the appropriate Cure Period as may be applicable. Upon the occurrence of any Event of Default, the City may, at its option, repossess the Leased Space and evict the Lessee. Provided, however, that such default and repossession shall not terminate this Lease and shall not release Lessee from its liability under this Lease, unless the City delivered by First Class U.S. Mail or by Electronic Mail with a read receipt addressed as follows: Term, but nothing shall prevent the Parties from entering in a subsequent lease. shall be entitled to a pro-rata refund of any Lease Payments paid in advance. C. For cause. Except fori failure to timely make rent payment, which may be cured within elects to declare this Lease terminated. 9. Notices. All notices required or allowed by this Lease shall be in writing and may be To the City: City of Salisbury, Attn: Sada Troutman, P.O. Box 479, Salisbury, NC 28145, aioamandasllupnesey To the Lessee: [NAME), [MAILING ADDRESS), E-MAILADDRESS) 10. Quiet enjoyment. The City covenants that the Lessee, on paying the rent and any late charges, and otherwise complying with the terms oft this Lease, shall peaceably and quietly have, hold, and enjoy the Leased Space for the Lease Term without hindrance or interruption by the City. 11. Binding on successors. The provisions of this Lease shall be binding upon the City 12. Indemnity. Lessee shall indemnify and hold harmless the City from any claim or claims of injury to person or persons or property arising out of or in connection with the use of the Leased Space. This indemnification shall include reimbursement toi the City for all reasonable costs and the Lessee and their respective heirs, successors, and assigns. arising out of any claims, including attorney's fees. 13. Amendments in writing. This Lease may be amended only in writing and signed by both Parties. 2 14. Governing law. North Carolina law will govern the interpretation and construction 15. Entire Agreement. This Lease constitutes and expresses the entire agreement and understanding between the Parties concerning its subject matter. This Lease supersedes all prior and contemporaneous discussions, promises, representations, agreements, and understandings: of the Lease. relative to the subject matter of this Lease. 16. Severability. If any provision of this Lease shall be declared invalid or 17. Counterparts and execution. This Lease may be executed in any number of counterparts, each of which will be deemed an original but all ofwhich together will constitute one and the same instrument. The Parties agree that computer scanned and/or faxed signatures or unenforceable, the remainder of the Lease shall continue in full force and effect. copies of this Lease will have the same validity and force as an original." Parties have authority to do so as official, binding acts of the respective Parties. 18. Authority to Enter Lease. The person(s) executing this Lease on behalf of the INWITNESS WHEREOF, the Parties hereto have caused this Lease to be executed the day and year first written above. CITY OF SALISBURY By: Jim Greene, Jr., City Manager Date LESSEE By: PRINTED NAME] Date 3 Salisbury City Council Agenda Item Request Form Please Select Submission Category: Public Council Manager X Staff Requested Council Meeting Date: February 20, 2024 Name of Group(s) or Individual(s) Making Request: Planning and Neighborhoods/ Downtown Development Name of Presenter(s): Hannah Jacobson, Planning and Neighborhoods Director Sada Troutman, Downtown Development Director Requested Agenda Item: Council to receive a presentation regarding the status of219 East Innes Street, and Description of Requested Agenda Item: Council will receive aj presentation from staffr regarding the former pink granite service station that was located at the corner of South Lee Street and East Innes Street. The property is now owned by Downtown Properties, and is the current location of] Bankett Station, which houses Healthcare Management Consultants and their affiliated companies, as well as residential units on the second floor. Downtown Properties owns several parcels on East Innes Street. In the presentation, staff will review recent development activity, provide an update on the property owners' plans for redevelopment, and give an the pink granite material. overview ofnext steps. Attachments: Yes X No Fiscal Note: (Iffiscal note requires approval by finance department because item exceeds $100,000 ori is related to grant funds, please) fill out signature Action Requested of Council for Agenda Item: Council toi receive the presentation. No action needed. blocks for finance atl bottom off form and provides supporting documents) Contact Information for Group or Individual: Hannah Jacobson, hannah,jacobsonsalisburync-goy, 704-638-5230 Sada Troutman, hmumnclahpnsene 704-638-5239 Consent Agenda (item requires no discussion and will be voted on by Council or removed from the consent agenda to the regular agenda) K Regular Agenda (item to be discussed and possibly voted on by Council) FINANCE DEPARIMENT INFORMATION: Finance Manager Signature Department Head Signature Budget Manager Signature Salisbury City Council Agenda Item Request Form *****All agenda items must be submitted at least 7 days before the requested Council meeting date*** For Use in Clerk's Office Only Approved Reason: Delayed Declined Salisbury City Council Agenda Item Request Form Please Select Submission Category: Public Council Manager XStaff Requested Council Meeting Date: Tuesday, February 20, 2024 Name ofGroup(s) or Individual(s) Making Request: Communications Name of Presenter(s): Linda McElroy, and potentially Allyson Summitt with Rowan County Emergency Management Requested Agenda Item: Update on RoCo Alerts Notification System Description of Requested Agenda Item: Rowan County Emergency Management and the City of Salisbury are partners in managing "RoCo Alerts," ai mass notification system used to keep residents up to date, in real- time, about localized, emergency and non-emergency situations. This presentation will outline procedures and guidelines for selecting and distributing RoCo Alerts to residents ofthe City of Salisbury and Rowan County. Attachments: Yes XNo Fiscal Note: (ffiscal note requires approval by finance department because item exceeds $100,000 or is related tos grant! funds, please fill outs signature Action Requested of Council for Agenda Item: (Please note ifitemi includes and ordinance, resolution or petition) None blocks for finance at bottom off form and provides supporting documents) Contact Information for Group or Individual: Linda McElroy, 704-638-4460 Consent Agenda (item requires no discussion and willl be voted on by Council or removed from the consent agenda to the regular agenda) X Regular. Agenda (item to be discussed and possibly voted on by Council) FINANCE DEPARTMENT INFORMATION: Finance Manager Signature Budget Manager Signature For Use in Clerk's Office Only Department Head Signature ****AlL agenda items must be submitted at least 7 days before the requested Council meeting date*** Approved Reason: Delayed Declined RoCo Alerts - Everbridge Guidelines THECITYOP Salisbury everbridge RoCo Alerts Rowan County Emergency Management and the City of Salisbury are partners in managing "RoCo Alerts," a mass notification system used to keep residents up to date, in real time, about localized, emergency and non-emergency situations. RoCo Alerts is administered by Everbridge@, the parent company of Nixle, Salisbury's former mass notification system. RoCo Alerts is available at no charge, allowing county residents and visitors to receive alerts via text, email, voice calls, and through the Everbridge app, in the event of incidents such as large-scale emergencies, road closures, inclement weather events, safety alerts and localized water Itis our joint mission to provide this important information at critical times. This partnership ensures all county residents and visitors as appropriate, can receive information from a single source. To register, residents should visit rowancountync.gov/ROCOAlerts or alsbuymegowROCGAers or download the Everbridge app in the Apple main breaks. App Store or Google Play Store. Purpose This document outlines procedures and guidelines for selecting and distributing RoCo Alerts to residents of the City of Salisbury and Rowan County, and City of Salisbury employees. Itis intended to assist Everbridge The following are recommended best practices for the City of Salisbury RoCo Alerts and Salisbury Employee Alerts procedures. administrators in its selection and timely activation. Updated:0 02/05/2023 1 RoCo Alerts - Everbridge Guidelines THECITYOP Salisbury RoCo Alerts RoCo Alerts must only be utilized by authorized, trained employees of Rowan County, the City of Salisbury, North Carolina Emergency Management (EM) or individuals with expressed permission from Rowan RoCo Alerts notifications will be sent or delivered between 7 a.m. and 9 p.m., unless the incident or situation could result in a potential loss of life. Rowan County Emergency Management will most likely be involved in incidents of potential loss of life. EM can advise on the RoCo Alert County or the City of Salisbury delivery. Examples of potential active alerts are: Severe, inclement weather alerts Heavly-traveled-road closures Hazardous materials leak Missing children Missing elderly residents Power outages Water main breaks or other losses of water Criminal activity = or active shooter Examples of inappropriate alerts are: One-lane closures on less-traveled side streets Temporary lane closures for one hour or less (for example pothole Advertisement of private events, unassociated with the City or Minor traffic signal repair not related to a power outage or traffic repair) County incident Geograpncaly-targeted alerts, such as water main breaks or neighborhood shelter-in-place, should be directed to targeted neighborhoods or areas by using the shape library or draw shapes feature. Alerts should not be sent to the County or City at large. Each RoCo Alert notification should be sent to the "Always Notify" group. External notifications should not require confirmation requests Short Message Service (SMS), also known as text, messaging and the Everbridge App should be used as the primary methods of notification, although "message body" must be completed to use custom SMS Updated:02/05/2023 2 RoCo Alerts - Everbridge Guidelines THECITYOP Salisbury message as a method delivery Delivery methods other than SMS message should be used in life- threatening or immediate need situations, such as hazardous materials leak, missing children, missing elderly residents, active shooter and tornadic activity. Typically, Rowan County EM will be included in these As SMS messaging characters are limited to 160 characters, text messages should convey the most important information and, if possible, include a link to a news release or related webpage Sender caller ID should not be changed unless otherwise directed incidents and can advise on the RoCo Alert method. Salisbury Employee Alerts employees only forms are completed. City of Salisbury Employee Alerts are sent to current City of Salisbury New City employees should be added to the contact list as permission City employees added to the Salisbury Employee Alerts are given generic staff numbers per the required "External ID" under "New Contact." ." Most external ID numbers begin with "Staff" and continues City employees receive alerts voluntarily (per a signed permission form) top personal cell phones, and is mandatory to stipend cell phones with a three-digit number. For example: Staff 750. Examples of potential employee alerts are: Mandatory Open Enrollment Mandatory Human Resources training Administrative office closings Severe weather alerts and/or closings Mandatory and important employee meetings Shelter-in-place (stay where you are) notifications Active shooter in a city building Information technology security concerns Road closures that may affect employee travel for their positions Separated employees should be removed from the contact list as soon as possible. Updated:02/05/2023 3 Salisbury City Council Agenda Item Request Form Please Select Submission Category: Public Council Manager X Staff Requested Council Meeting Date: February 20, 2024 Name ofGroup(s) or Individual(s) Making Request: Community Appearance Commission Name of Presenter(s): Requested Agenda Item: Alyssa Nelson, urban design planner MayorsAmnouncement: Neighborhood Beautification Grant Opportunity Description of Requested Agenda Item: The City of Salisbury's Community Appearance Commission is issuing a call for applications for Salisbury neighborhoods to apply for a neighborhood beautification grant. If your application is selected, your neighborhood will receive funding to support implementing a desired neighborhood improvement project. Maximum Award amount is $2,500. There is not fee to apply. Grant applications For more information and to apply, please visit salspuryncgov/negnbornoodgrants, For questions please email nelghborhoodgrantsesalsourvncgov or call Alyssa Nelson at (704)638.5235. will be accepted through Friday, March 1, 2024. Attachments: XYes No Fiscal Note: (Iffiscal note requires approval by finance department. because item exceeds $100,000 ori is related to grant funds, please fill out signature blocks) for finance at bottom off form and provides supporting documents) This project was budgeted for in FY 2023-2024. Action Requested of Council for Agenda Item: (Please note ifitemi includes an ordinance, resolution orp petition) Contact Information for Group or Individual: Alyssa Nelson, 704.638.5235, ncls@salsburynccor Consent Agenda (item requires no discussion and will be voted on by Council or removed from the consent agenda to the regular agenda) Regular Agenda (item tol be discussed and possibly voted on by Council) FINANCE DEPARTMENT INFORMATION: Finance Manager Signature Department Head Signature Salisbury City Council Agenda Item Request Form Budget Manager Signature ****AlL agenda items must be submitted at least 7 days before the requested Council meeting date*** For Use in Clerk's Office Only Approved Reason: Delayed Declined NEIGHBORHOOD Beautification BEAUTIFY YOUR NEIGHBORHOOD Salisbury neighborhoods are invited to apply for a grant to fund their neighborhood improvement project of up to $2,500. Project to be completed by applicants no later than June 1, 2024. 0o Publicart o Landscape improvements 0o Community garden 0D Neighborhood entrance sign 0D Neighborhood amenities 0o Neighborhood clean-up event WEST END APPLY FOR THE GRANT BY FRIDAY, MARCH1 wwwSalsburyNCgownegborhood LOOEONDARCON (0704)638-5235 Applicants will be notified before April 1, 2024. EHECITYOP Salisbury SALISBURY COMMISSION Planning and! Neighborhoods COMMUNITY APPEARANCE Salisbury City Council Agenda Item Request Form Please Select Submission Category: Public Council Manager X Staff Requested Council Meeting Date: February 20, 2024 Name ofGroup(s) or Individual(s) Making Request: Anne Little, Diversity, Equity and Inclusion Director Name of Presenter(s): Requested Agenda Item: Announcement for Cultivating Community Conversations The Salisbury Youth Council will partner with the Police Department to host a Cultivating Community Conversation for local youth on Tuesday, February 27, 5 p.m. at City Park Recreation Center. Local businesses are: invited to engage with Chief Smith and staff, on' Thursday, February 28, 8:30 a.m. at the Salisbury Police Funding for the Community Conversations is provided by Duke Energy and is aimed at promoting social justice and racial equity initiatives. For more information please contact Anne Little at 704-638-5218or Department. mmelatiegalsbupmegos Description of Requested Agenda Item: Attachments: Yes XNo Fiscal Note: (Iffiscal note requires approval by finance department because item exceeds $100,000 or is related to grantj funds, please fill out signature Action Requested of Council for Agenda Item: (Please note ifitemi includes an ordinance, resolution or petition) blocks forf finance at bottom off form and provide supporting documents) Contact Information for Group or Individual: Anne Little Consent Agenda (item requires no discussion and will be voted on by Council or removed from the consent agenda to the regular agenda) Regular Agenda (item to be discussed and possibly voted on by Council) FINANCE DEPARTMENT INFORMATION: Finance Manager Signature Budget Manager Signature Department Head Signature ****AlL agenda items must be submitted at least 7 days before the requested Council meeting date***