Salisbury, North Carolina  March 7,2023  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 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 6:00 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.  ADOPTION OF THE AGENDA  Thereupon, Mayor Pro Tem Sheffield made a motion to adopt the Agenda as presented. Mayor Alexander, Mayorl Pro' Tem Sheffield, Councilmembers McLaughlin, Post, and Smith voted  AYE. (5-0)  RECOGNITION: - FINANCE MANAGER MARKI DRYE  Finance Director Wade Furches recognized Finance Manager Mark Drye for becoming a Council congratulated Mr. Drye and thanked him for his work and dedication to the City.  certified Local Government Finance Officer.  Salisbury City Council  March' 7, 2023  Page 1    PROCLAMATIONS  Mayor toj proclaim the following observances: MUSIC IN OUR SCHOOL'S MONTH WOMEN'S HISTORY MONTH WOMEN IN CONSTRUCTION WEEK TRANSGENDER DAY OF VISIBILITY  March 2023 March 2023 March 5-11,2023 March 31,2023  CONSENT AGENDA (a) Minutes ofFebruary 21, 2023.  Approve Minutes of the special meeting of January 25-26, 2023 and the regular meeting  (b) Budget Ordinance Amendment - Developer Fee Revenue  Adopt al budget Ordinance amendment int the amount of$ $2 million to appropriate developer fee revenue for engineering services related to the relocation oft the raw water pump station outside WATER SUPPLY RESILIENCY: PROJECTI FOR SRUPUMP STATION ALONG YADKINI RIVER PROJECT IDNO. EMA-202I-BR-00-04 CAPITAL PROJECT ORDINANCE AMENDMENT (The above Ordinance is recorded in full in Ordinance Book No. 31 at Page No. 98, and is known  oft the flood hazard area.  as Ordinance 2023-18)  (c) Budget Ordinance Amendment - Vehicle Tax Revenue  Adopt a budget Ordinance amendment int the amount of$150,000 to appropriate additional  vehicle tax revenue to be used for street paving.  ORDINANCE AMENDING THE 2022-2023 BUDGET ORDINANCE OF THE CITY OF SALISBURY, NORTH CAROLINA TO APPROPRIATE ADDITIONAL VEHICLE TAX (The above Ordinance is recorded in full in Ordinance Book No. 31 at Page No. 99, and is known  REVENUES.  as Ordinance 2023-19.)  (d) Resolution - Execution of Opioid Settlements  Adopt a Resolution authorizing the execution of opioid settlements and approving the supplemental agreement for additional funds between the state of North Carolina and local  governments regarding proceeds relating to the settlement of opioid litigation.  Salisbury City Council  March 7, 2023  Page 2    RESOLUTION AUTHORIZING THE EXECUTION OF OPIOID SETTLEMENTS AND APPROVING THE SUPPLEMENTAL AGREEMENT FOR ADDITIONAL FUNDS BETWEEN THE STATE OF NORTH CAROLINA AND LOCAL GOVERNMENTS REGARDING PROCEEDS RELATING TO THE SETTLEMENT OF OPIOID LITIGATION. (The above Resolution is recorded in full in Resolution Book No. 17 at Page No.6, and is known  as. Resolution 2023-04)  (e) Contract -I Martin Starnes and Associates, CPA auditing services for the fiscal year ending June 30, 2023.  Award a contract to Martin Starnes and Associates, CPA in the amount of $42,700 for  (f) 2023 Council Priorities  Consider adopting 2023 Council Priorities as identified during Council's annual retreat. Thereupon, Councilmember Post made a motion to adopt the Consent Agenda as presented. Mayor Alexander, Mayor Pro Tem Sheffield, Councilmembers McLaughlin, Post, and  Smith voted AYE. (5-0) PUBLIC COMMENT  Mayor Alexander opened the floor to receive public comments.  Ms. Cindy Fink, Executive Director of Meals on Wheels Rowan, asked Council to work with City and Rowan County senior service agencies to develop an aging plan that creates a senior  citizen friendly Salisbury.  Mr. Michael Brooks, representing Salisbury Pride, thanked Council for the Transgender Day of Visibility Proclamation and invited Council to attend the Transgender Day of Visibility  event on March 31, 2023 at Mean Mug Coffee beginning at 6:00 p.m.  There being no one else to address Council, Mayor Alexander closed the public comment  session.  LAND DEVBLOPMENT ORDINANCE TEXT AMENDMENT - DONNER DRIVE Senior Planner Victoria Bailiffa asked Council to consider amending the Land Development Ordinance to rezone approximately 1.34 acres located on the eastern side of Donner Drive from Highway Business (HB) and General Residential (GR) to General Residential (GR-6).  Ms. Bailiff displayed the Future Land Use Map and stated the property is designated as Traditional Neighborhood. She noted GR-6 zoning is not an associated zoning district with the  Salisbury City Council  March 7,2023  Page 3    Traditional Neighborhood place type, and she pointed out the Associated Zoning Districts are Historic Residential and Urban Residential. She added staff recommends amending the Future  Land Use Map from Traditional Neighborhood to Emerging Neighborhood.  Ms. Bailiff stated the Planning Board held a courtesy hearing on February 14, 2023, and voted unanimously to recommend approval as submitted. She pointed out this request is not consistent with the Future Land Use Map; however, staff: finds this request is consistent with the  overall Forward 2040 Plan and recommends approval of the rezoning request.  Councilmember Post asked about the difference between Traditional Neighborhood and Suburban and Emerging Neighborhoods. Ms. Bailiff noted Traditional Neighborhoods are more distinct including historic and older homes with a gridded street pattern. Mayor Alexander questioned why staff recommends Emerging Neighborhood instead of Suburban Neighborhood. Ms. Bailiff noted Suburban Neighborhoods have curvilinear streets. with cul-de-sacs and are typically isolated to themselves, while Emerging Neighborhoods allow for interconnectivity. Councilmember Post pointed out Emerging Neighborhoods allow manufactured homes while  Suburban Neighborhoods do not. Ms. Bailiff agreed.  Mr. Dan Timberlake, petitioner for the property, confirmed the zoning request is to take fifteen residential lots and create five single-family homes. He stated there are no plans for  manufactured housing.  Mayor Alexander stated after reviewing the Future Land Use Map, she would prefer to amend the Future Land Use Map from Traditional Neighborhood to Suburban Neighborhood. By  consensus, Council agreed.  Mayor Alexander convened a public hearing after due notice regarding the proposed text There being no one to address Council, Mayor Alexander closed the public hearing. Councilmember Post stated the City Council hereby finds and determines that adoption of an Ordinance to 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 staff, identifying the policies that support the petition. Thereupon, Mr. Post made a motion to adopt an Ordinance amending the Land Development District Map oft the City of Salisbury, North Carolina to rezone Tax Map 331B Parcel 08204 from General Residential and Highway Business to General Residential (GR-6), approximately 1.34 acres. Thereby also amending that same property in the Future Land Use Map oft the City of Salisbury from Traditional Neighborhood to Suburban Neighborhood. Mayor Alexander, Mayor Pro Tem Sheffield, Councilmembers  amendment.  McLaughlin, Post, and Smith voted AYE. (5-0)  Salisbury City Council  March' 7, 2023  Page 4    ORDINANCE. AMENDINGTHELANDDEVELOPMENTDSTRICTMAPOFTHECITYOF SALISBURY, NORTH CAROLINA TO REZONE TAX MAP 331B PARCEL 08204 FROM GENERAL RESIDENTIAL AND HIGHWAY BUSINESS TO GENERA RESIDENTIAL (GR- 6), APPROXIMATELY 1.34 ACRES. THEREBY ALSO AMENDING THAT SAME PROPERTY IN THE FUTURE LAND USE MAP OF THE CITY OF SALISBURY FROM (The above Ordinance is recorded ini full in Ordinance Book No. 31 at Page No. 100, and is known  TRADITIONAL NEIGHBORHOOD TO: EMERGING NEIGHBORHOOD.  as Ordinance 2023-20.)  COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME PROGRAM FUNDS Planning Director Hannah Jacobson reviewed information regarding the Community Development Block Grant (CDBG) and HOME: Program funds from the United States Department ofH Housing and Urban Development (HUD). She noted the Cityanticipates receiving $307,356in CDBG funds, $20,000 in CDBG Program income funds, and $204,000 HOME Program funds for  at total of $531,356.  Ms. Jacobson noted in 2022 a lowi to moderate income ofai family of fouri in Rowan County would have to earn less than $55,750 to receive funding. She commented the types of activities the funds can go towards have to be consistence with the five-year consolidated plan to:  Increase supply of decent affordable housing Improve public facilities and infrastructure Provide opportunities for homeownership Provide assistance to public service agencies at 159ofallocation Promote business growth and ai robust workforce Affirmatively further Fair Housing Effectively plan and administer programs at 20% ofa allocation  Ms.. Jacobson pointed out the grant application process is open for non-profit agencies that support low and moderate income individuals and families. She noted applications can be  submitted online at www.salsiburync.gov/housing by Friday, March 24, 2023.  Ms.. Jacobson presented the 2023 CDBG and HOME. Program Funds Action Plan timeline. She explained the proposed amendment to the 2020-2021 Annual Action Plan would reallocate previous years' funds that resulted from the cancellation of the budgeted Ryan Street Sidewalk Project. She pointed out the funds are proposed to be allocated to the 2020Lash Drive Sidewalk Project which had an original allocation of $46,000, but the total cost was $100,656 and was paid through the General Fund. She added the amendment would allow the full project tol be paid using CDBG funding. She noted aj public hearing and a 30-day comment period ending April 4, 2023 is  required.  Mayor Alexander convened a public hearing after due notice regarding the use of the  accumulated CDBG and HOME program funds.  Salisbury City Council  March7,2023  Page 5    Community Care Clinic Executive Director Krista Woolley thanked Council for the 2022 CDBG funding which was used for healthy cooking demonstrations and the food pharmacy Lifestyle Medicine initiative. Shei referenced Medicare expansion, and she noted the needs ofthose  who do not qualify for coverage will continue.  Ms. Cindy Fink with Meals on Wheels thanked the City for selecting Meals on Wheels as aCDBG recipient the past three years. She commented the Grocery Program was created with a groupofvolunteers: to shop and deliver groceries once or twice amonthi to the client. She indicated the goal is to deliver nutritious food and work with clients regarding food choices.  Rowan Helping Ministries (RHM) Director of Community Relations Raeshawn Palmer reviewed statistics ofthe assistance RHM: has provided homeless citizens, and she added through the assistance from the Salisbury Police Department Homeless Liaison and street outreach 229 individuals were connected to a variety ofs services. She commented in order to continue the work in the community requires a collaborative approach to address homelessness and provide support  to create ai more stable and thriving community that is safe for all.  There being no one else to address Council, Mayor Alexander closed the public hearing. Ms. Jacobson noted no other action is needed. Mayor Alexander thanked Ms. Jacobson  for her presentation.  COUNCIL ELECTION PROCESS  City Attorney Graham Corriher explained the process for changing the City Charter to affect the municipal election process. He noted the General Assembly has given Council the  authority to:  Make stylistic changes to the name of Salisbury and its governing board Change the size of Council from three: members to: no larger than 12 members Change the mode of election to include districts, wards and at-large members  Change the terms to either two or four years Change from nonpartisan toj partisan elections Change the method ofs selecting its Mayor  Mr. Corriher stated a referendum was placed on the 2019 municipal election ballot and citizens voted to hold a separate mayoral election which went into effect in 2021. He noted changing the City Charter is a three-part process. He explained a Resolution of Intent would be adopted and a public hearing would be held after a 45-day notice. He explained once the public hearing takes place Council could adopt the Ordinance at its next scheduled meeting. He commented the Ordinance will take effect at the next election provided it is more than 90 days from the election or Council cani make the Ordinance subject to a referendum vote tol be placed on the ballot for the next election. He added ift the change is approved it would not take effect until  the 2025 municipal election.  Salisbury City Council  March' 7,2023  Page 6    Mr. Corriher stated ifCouncil wants toi make a change this yeari it would have until May 2, 2023 to adopt a Resolution of Intent to make a change and have ai notice published 45-days before ito conducts aj public hearing. He noted Council would hold aj public hearing and it could adopt an Ordinance and make it effective this year or submit it to a vote of the people for the upcoming election. He explained there is a discrepancy in the number of days soi ifCouncil wanted to make iteffective without aj referendum vote it must be completed 90-days before the election.  Mr. Corriher suggested Council make sure any change that is going tot take effect this year be known before the filing period opens. He added in 2019 Council adopted an Ordinance and made it subject to ai referendum. He explained the Ordinance was adopted in August which met the 70-day prior to the election requirement tol bei included ont thel ballot. Hei indicated Council has  time to make changes on its own or make it subject to ai referendum vote.  Mr. Corriher explained there is also a procedure where a citizen could petition that an Ordinance adopted by Council be submitted forareferendum vote. Heindicated the petition would require signatures of 10% of the voting population to force a referendum. He reviewed data for Rowan County municipalities and similar size municipalities throughout the state regarding how  the mayor is elected, term lengths, and the size of the governing board.  Mayorl Pro Tem Sheffield noted the goal ist to complete the work that was started years ago. She indicated Council needs to have the conversations now to receive feedback from the  community sO any changes could take place at the 2025 election.  Councilmember Smith commented a town hall would be a good way to engage citizens regarding thisi issue. He agreed the process should be completed and the voice ofthe people needs  tol bel heard.  Councilmember Post suggested forming a Council Committee to receive public input. He added he previously recommended adding at least one member to Council SO the Mayor does not have to vote, but the public did not agree with the proposal. He asked about the referendum timeline. Mr. Corriher stated August 29, 2023 would be 70 days prior to the election, and he  pointed out Council meeting dates must be considered.  Councilmember Smith noted during the previous Council Committee meetings several topics were considered, and he questioned why all of the items were not included on the 2019 ballot. Councilmember Post explained a consensus of the public was not reached on the term lengths and the composition of Council. Mayor Pro Tem Sheffield noted the decision' was made not to change more than one thing at a time. Mr. Smith asked if more than one item could be placed on a referendum. Mr. Corriher indicated there could be two items on the referendum, but itv would require two Resolutions of] Intent. He commented the items should: not bej paired because  ity would be approved or denied by the voters as one item and not separately.  Mayor Alexander asked how many people attended the Committee meetings. Mayor Pro Tem Sheffield indicated 15 to 25 people attended the Committee meetings. Mayor Alexander suggested having town hall meetings that all ofCouncil could attend. City Manager Jim Greene noted staff can set up town hall meetings over the coming months SO Council can receive feedback  Salisbury City Council  March 7, 2023  Page 7    from the public, and the item could then be placed on the Agenda for further discussion. Councilmember McLaughlin suggested the town hall meetings take place at multiple locations  throughout the City.  Mr. Greene noted staff can work to schedule three town hall meetings during the evening to focus on Council terms and the number of Councilmembers. He added the town halls will be scheduled to provide enough time to bring the items back to Council to meet the deadline to be placed on the ballot. By consensus, Council agreed to conduct the town hall meetings.  Mayor. Alexander asked ifinformation in Mr. Coriher'spresentation can be placed on the  City's website. Mr. Corriher agreed. BOARDS AND COMMISSIONS  Community Appearance Commission  Uponamotion by Mayor Pro Tem Sheffield. Mayor Alexander, Mayor) Pro Tem Sheffield, and Councilmembers McLaughlin, Post, and Smith voting AYE, the following reappointments  were made to the Community Appearance Commission:  Ms. Julia Apone Ms. Phylis Miller  Term Expires 3/31/2026 Term Expires 3/31/2026  Greenway, Bicycle and Pedestrian Committee:  Upon a motion by Councilmember McLaughlin. Mayor Alexander, Mayor Pro Tem Sheffield, and Councilmembers McLaughlin, Post, and Smith voting AYE, the following appointments and reappointment were made to the Greenway, Bicycle and Pedestrian Committee:  Ms. Sharon Earnhardt Mr. Sean Meyers Mr. Andrew Pitner Ms. Mary. Rosser Ms. Cora Greene  Term Expires 3/31/2026 Term Expires 3/31/2026 Term Expires 3/31/2026 Term Expires 3/31/2026 Term Expires 3/31/2026  Historic Preservation Commission:  Upon a motion by Mayor Alexander. Mayor Alexander, Mayor Pro Tem Sheffield, and Councilmembers McLaughlin, Post, and Smith voting AYE, the following appointment and  reappointment was made to the Historic Preservation Commission:  Mr. Larry Richardson Ms. Sue McHugh  Term Expires 3/31/2026 Term Expires 3/31/2026  Salisbury City Council  March7,2 2023  Page 8    Housing Advocacy Commission  Upon a motion by Councilmember McLaughlin. Mayor Alexander, Mayor Pro Tem Sheffield, and Councilmembers McLaughlin, Post, and Smith voting AYE, the following  appointment was made to the Housing Advocacy Commission:  Ms. Bliss Green  Term Expires 3/31/2026  Human Relations Commission  Upon a motion by Councilmember Smith. Mayor Alexander, Mayor Pro Tem Sheffield, and Councilmembers McLaughlin, Post, and Smith voting AYE, the following appointment and  reappointment was: made to the Human Relations Commission:  Ms. Evelyn Uddin-Khan Mr. Curtis Walker Hurley Park Advisory Board  Term Expires 3/31/2026 Term Expires 3/31/2026  Upon a motion by Mayor Alexander. Mayor Alexander, Mayor Pro Tem Sheffield, and Councilmembers McLaughlin, Post, and Smith voting AYE, the following reappointments were  made to the Hurley Park Advisory Board:  Ms. Jane Riley Ms. Jane Ritchie  Term Expires 3/31/2026 Term Expires 3/31/2026  Parks and Recreation Advisory Board  Upon a motion by Councilmember McLaughlin. Mayor Alexander, Mayor Pro Tem Sheffield, and Councilmembers McLaughlin, Post, and Smith voting AYE, the following appointment and reappointments were made to the Parks and Recreation Advisory Board:  Ms. Nalini Joseph Ms. Mary Rosser Mr. Dan Goodnight  Term Expires 3/31/2026 Term Expires 3/31/2026 Term Expires 3/31/2026  Planning Board/Board of Adjustment  Upon ai motion by Councilmember Post. Mayor Alexander, Mayor Pro Tem Sheffield, and Councilmembers McLaughlin, Post, and Smith voting AYE, the following appointment wasi made  tot the Planning Board/Board of Adjustment:  Mr. David Midgley  Term Expires 3/31/2026  Salisbury City Council  March 7, 2023  Page 9    Public Arts Commission  Upon ai motion by Mayor Alexander. Mayor Alexander, Mayor Pro Tem Sheffield, and Councilmembers McLaughlin, Post, and Smith voting AYE, the following appointment and  reappointments were made to the Public Arts Commission:  Ms. Barbara Perry Mr. Ed Norvell Ms. Gretchen Witt Mr. Hunter Safrit Ms. Jenn Selby Ms. Judy Kandl Ms. Raemi Evans Ms. Jane Creech Mr. Reg Boland Mr. David Gaines Ms. Shanna Glawson Transportation Advisory Board  Term Expires 3/31/2025 Term Expires 3/31/2025 Term Expires 3/31/2026 Term Expires 3/31/2024 Term Expires 3/31/2026 Term Expires 3/31/2024 Term Expires 3/31/2025 Term Expires 3/31/2026 Term Expires 3/31/2024 Term Expires 3/31/2026 Term Expires 3/31/2024  Upon a motion by Councilmember Smith. Mayor Alexander, Mayor Pro Tem Sheffield, and Councilmembers McLaughlin, Post, and Smith voting AYE, the following reappointments  were made to the Transportation Advisory Board:  Ms. Tammara Walker Mr. Quentin Woodward, Jr. Tree Board  Term Expires 3/31/2026 Term Expires 3/31/2026  Upon a motion by Councilmember McLaughlin. Mayor Alexander, Mayor Pro Tem Sheffield, and Councilmembers McLaughlin, Post, and Smith voting AYE, the following  reappointment was made to the Tree Board:  Ms. Kelli Isenhour  Term Expires 3/31/2026  CITY MANAGER'S REPORT (a) Water Issue  City Manager Jim Greene pointed out Salisbury-Rowan Utilities (SRU) recently advised its customers of ani issue with water testing based on state criteria. He thanked SRUI Director. Jim Behmer and the Communications Department on its great job getting information to the  community.  Salisbury City Council  March 7, 2023  Page 10    Mr. Behmer stated the water is safe to drink and the water quality meets all state regulations. He explained Total Organic Carbon (TOC) is natural forming and is found in bottled and tap water. He added SRU is required to report the amount ofthe TOC over a quarterly period  and the level was missed by .01.  Mr. Behmer explained SRU coordinated with the Communications and Finance Departments to share the public notice with all customers through mail, aj press release and FAQ. He indicatedifthis were to take place again, they have plans toi make revisions to thei mailed notice. Hej pointed out to continue to meet the state maintained removal rate, the TOC will be tested each month instead of quarterly. He noted the test results are not immediate and take two to four weeks  to receive results.  Councilmember Smith asked how often the state tests the water. Mr. Behmer noted the City conducts the test, sends it to a commercial lab, and then send the results to the state each quarter. Mr. Smith then asked what would cause the rise in the TOC levels in the water. Mr. Behmer pointed out it could have been caused by climate change which changes the removal rate  at the treatment facility.  (b) New Police Chief Community Engagement  Mr. Greene commented the process to recruit a new Police Chief began with community engagement at a NAACP meeting where great conversations took place. He added he wants to continue the focus on community input and engagement in March. He pointed out on Monday, March 20, 2023 in Council Chambers at City Hall there will be acommunity forum to get feedback on a new Police Chief sponsored by Police Chief's Advisory Board. He stated he will look for other ways to engage the community with the focus to also engage with the City's police officers withi face to face meetings. He added the goal to develop a brochure to advertise the position and start recruitment in mid April. He thanked thel NAACP: for hosting the: first town hall, andl he added  he looks forward to next meeting. COUNCIL COMMENTS  Councilmember McLaughlin noted he recently attended a School of Government Affordable Housing seminar. Hereviewed what he learned during the seminar, and he noted there was discussion about the City creating an Affordable Housing Task Force. Mayor Alexander commented she has been in discussion with other Mayors in North Carolina about what they are doing about a Task Force She suggested a meeting take place with Mr. McLaughlin and staff regarding the creation of an Affordable Housing Task Force. By consensus, Council agreed. Councilmember Smith commented he is glad Salisbury is a City that recognizes Transgender Day of Visibility and the human rights and visibility ofthe LGBT and Transgender  Community,  Salisbury City Council  March 7, 2023  Page 11    Councimember Post commented Stephanie Alston who came to Council for a zoning change for a 24/7 daycare center on West Innes Street received assistance through KIVA and is  moving forward with her project. MAYOR PROTEM'S COMMENTS City's Boards and Commissions.  Mayor Pro Tem Sheffield thanked those who have served and continue to serve on the Mayor Pro Tem Sheffield thanked Ms. Cindy Fink for her work with Meals on Wheels, Mayor Pro Tem Sheffield announced the Downtown Bar and Restaurant guild is hostinga Shamrock Cheers St. Patrick's day crawl on March 17, 2023 in downtown Salisbury. She added at each place visited, the person will get a stamp and for each stamp turned in $1 will be donated  and she noted March is March for Meals month.  to the Terri Hess House for Prevent Child Abuse Rowan. MAYOR'S. ANNOUNCEMENTS AND COMMENTS  Mayor Alexander agreed with Council on their comments.  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 8:07 p.m.  LLALL  Karen Alexander, Mayor  Coibbpe Connie B. Snyder, City Clerk  Salisbury City Council  March 7,2023  Page 12