Lenoir Wl-AmericaCity 2008  AGENDA CITY OFI LENOIR CITY COUNCIL MEETING 905 WEST AVENUE TUESDAY,MARCH: 5,2 2024 6:00 P.M.  Lenoir All-AmericaCity 2008  C CALLTOORDER  A. Moment of Silence & Pledge of Allegiance II. MATTERS SCHEDULED FOR PUBLIC HEARINGS  1. Ordinance Amendments: A public hearing will be held for consideration of ordinance amendments relating to Chapter 9 (Flood Damage Prevention) of the Lenoir Code of  Ordinances as submitted. III. CONSENT AGENDAI ITEMS  A. Minutes: Approval of the minutes oft the City Council meeting of Tuesday, February 6, B. Minutes. Approval oft the minutes ofthe City Council meeting ofTuesday, February  2024 as submitted. 20, 2024 as submitted.  IV. REQUESTS AND PETITIONS OFCITIZENS V. REPORTS OF BOARDS ANDCOMMISSIONS  A. Rick Oxford, Plan Administrator, Western Piedmont Council of Governments, will hold the first oftwo public meetings to receive public comments regarding the proposed FY2024 Action Plan oft the CityofLenoir: and the Unifour HOME Consortium as part of the five-year Consolidated Plan. This plan, as required by the U.S. Department of Housing and Urban Development (DHUD), outlines goals and action plans ofthe City of Lenoir and the Unifour HOME Consortium and its use of Community Development Block Grant (CDBG) and HOME funds for fiscal year 2024, beginning July 1,2024 and ending June 30, 2025. The City ofLenoir serves as the Lead Entity for the Unifour Consortium.  VI. REPORT AND RECOMMENDATIONS OF THE CITY MANAGER  A. Items ofInformation  1.The City/County Services Committee will meet on Monday, March 11 at noon at 2. The National League of Cities (NLC)Congressional City Conference will be held in Washington, DC beginning Monday, March 11 through Wednesday, March 13. Representing the City ofLenoir is City Manager Scott Hildebran, Councilmember  the. J.E. Broyhill Civic Center.  Todd Perdue and City Attorney Timothy Rohr. 3. The ABC Board will meet on Thursday, March 14 at 2:00 p.m.    2  4. The Lenoir Tourism Development Authority (LTDA) will meet on Thursday, March 14 at 4:00 p.m. at the Highland Thistle Bed and Breakfast located at 1344 Harper Avenue, 5. Thel Lenoir Business Advisory Board (LBAB) will meet on Thursday, March 14: at 6:00 6. The Parks & Recreation Advisory Board will meet on Monday, March 18 at 6:00 p.m. at  Lenoir, NC.  p.m. at City Hall, Third Floor Conference Room. the Martin Luther King, Jr. Center.  B. Items for Council Action  VII. REPORT AND RECOMMENDATIONS OF THE CITY ATTORNEY VIII. REPORT AND RECOMMENDATIONS OF THE MAYOR IX. REPORT AND RECOMMENDATIONS OF COUNCILMEMBERS  X. ADJOURNMENT    3  CITY OFLENOIR COUNCIL ACTION. FORM March 5,2 2024  I.  Agenda Item:  Public Hearing and second/final reading of an ordinance amending Chapter 9 (Flood Damage  Prevention) oft the Lenoir Code of Ordinances.  II. Background Information:  Following the NCGS re-codification of the local government authority to regulate land use and development in Chapter 160D, the Emergency Management Division of the NC Department of Public Safety re-issued the Non-Coastal model flood damage prevention ordinance with proper  references to Ch 160D as well as National Flood Insurance Program (NFIP).  The Flood Damage Prevention Ordinance is attached. III. Staff & Planning Board Recommendation: Adoption oft the attached ordinance  IV. Reviewed by: City Attorney: Finance Director: Planning Director:  Aamklinr    ANORDINANCE OFT THE CITY COUNCILOFI LENOIR, NORTH CAROLINA, AMENDING CHAPTER 9 OF THE LENOIR CITY CODE RELATED TO FLOOD DAMAGE PREVENTION PROVIDING FOR SEVERABILITY, CODIFICATION, AND AN  EFFECTIVEDATE.  Whereas, the state legislature re-codified the general statutes that givel local governments authority to regulate land use and development inl NCGS Chapter 160D, prompting the need for the City of] Lenoir to update our local ordinances both to comply with legislative changes as well as to reference the new  section citations; and  Whereas, NC Department of Public Safety, Emergency Management Division revised the state's model non-coastal flood damage prevention ordinance to comply with and update references to NCGS  Chapter 160D; and  Whereas, the National Flood Insurance Program incorporated at 42 U.S.C. 4001-4128 authorizes NOW, THEREFORE, LET IT BE ENACTED BY THE CITY COUNCIL OF THE CITY  the establishment of floodplain management regulations; OF LENOIR, NORTH CAROLINA, ASI FOLLOWS:  ARTICLEL. INGENERAL  Sec. 9-1. Statutory authorization, findings of fact, purpose and objectives. The Legislature of the State of1 North Carolina has in] Part 6, Article 21 of Chapter 143; Article 6 of Chapter 153A; Article 8 of Chapter 160A; and Article 7, 9, and 11 ofChapter 160D oft the North Carolina General Statutes, delegated tol local governmental units the authority to adopt regulations designed to Therefore, the City Council and Planning Department ofI Lenoir, North Carolina, does ordain as NS-ee-damageprePeventeReRmanselsadepeepusaatPHheaHheitygrentedte-eeal eYeFAReRS-6Y-tRPSBeAFNeRCeArehnetereg.aiedeveiepmeBH-esépremeares--n-G-S-Chapte: puanialhamids451D-2-HH-nd adaswie-mingedap.waawe Anyusemetpemitedlg-ationsahalas-hepemiainespwarardere, méanyisepemitedye-mingrg-atomrshalhepemiadinihsedasidisemlyupon-meeing  promote the public health, safety, and general welfare.  follows:  cemdniensanéregwemsespeserhedinthisehapter:    5  Sec. 9-4. Objectives.  The objectives oft this chapter are to: (1) Protect human life, safety, andl health;  (2) Minimize expenditure of public money for costly flood control projects; (3) Minimize the need for rescue and relief efforts associated with flooding and generally  undertaken at the expense oft the general public; (4) Minimize prolonged business losses and interruptions;  (5) Minimize damage to public facilities and utilities (i.e. water and gas mains, electric, telephone, cable and sewer lines, streets, and bridges) that are located in floodprone areas; (6) Minimize damage to private and public property due to flooding: (7) Make flood insurance available to the community through the National Flood Insurance (8) Maintain the natural and beneficial functions of floodplains:  Program: areas; and  (9)-(6)Help maintain a stable tax base by providing for the sound use and development of floodprone (10)(7) Ensure that potential buyers are aware that property is in a special flood hazard area.  See.9-5. application.  ARTICLE. I. Definitions.  Unless specifically defined below, words or phrases used ini this chapter shall be interpreted sO as to give them the meaning they have in common usage and to give this chapter its most reasonable Accessory structure (appurtenant structure) means a structure located on the same parcel of property as the principal structure and the use of which is incidental to the use oft the principal structure. Garages, carports and storage sheds are common urban accessory structures. Pole barns, hay sheds and the like qualify as accessory structures on: farms, and may or may not be located on the same parcel as the Addition (to an existing building) means an extension or increase in the floor area or height ofa Alteration ofay watercourse means a dam. impoundment., channel relocation, change in channel alignment, channelization. or change in cross-sectional area of the channel or the channel capacity,ora any other form ofmodification which may alter. impede. retard or change the direction and/or velocityo of the  farm dwelling or shop building. building or structure.  riverine flow of water during conditions oft the base flood.  Design Flood See Regulatory Flood Protection Elevation. drilling operations, or storage ofe equipment or materials.  Development means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or Development, Activity means any activity defined as Development which will necessitatea Floodplain Development Permit. This includes buildings. structures. and non-structural items. including    )  (but not limited to) fill. bulkheads. piers. pools. docks. landings. ramps. and erosion controllstabilirzation Disposal means, as defined in NCGS 130A-290(a)(6), the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land or water sO that the solid waste or any constituent part oft the solid waste may enter the environment or be emitted into the air or discharged into Digital Flood Insurance Rate Map (DFIRM) means the digital official map ofa community, issued by the Federal Emergency Management Agency (FEMA). on which both the Special Flood Hazard Areas and the risk premium zones applicable to the community are delineated. Elevated building means a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. Encroachment means the advance ori infringement of uses, fill, excavation, buildings, structures or development into ai floodplain, which may impede or alter the flow capacity ofa floodplain. Existing building and existing structure means any building and/orstructure for which the "startof construction" commenced before the effective date of the floodplain management regulations adopted by  measures.  any waters, including groundwaters.  acommunity, dated 6/16/2009.  ****  Flood-resistant material means any building product Imaterial, component or system] capable of withstanding direct and prolonged contact (minimum 72 hours) with floodwaters without sustaining damage that requires more than low-cost cosmetic repair. Any material that is water-soluble or is not resistant to alkali or acid in water, including normal adhesives for above-grade use. is not flood-resistant, Pressure-treated lumber or naturally decay-resistant lumbers are acceptable flooring materials. Sheet-type flooring coverings that restrict evaporation from below and materials that arei impervious. but dimensionally unstable are not acceptable. Materials that absorb or retain water excessively after submergence are not flood-resistant. Please refer to Technical Bulletin 2. Flood Damage-Resislant Materials Requirements. and available from the] FEMA. Class 4 and 5materials. referenced therein, are Floodwayi means the channel of ar river or other watercourse and the adjacent land areas that must be reserved in order to discharge thel base flood without cumulatively increasing the water surface elevation Floodway encroachment analysis means an engineering analysis oft the impact that aj proposed encroachment into a floodway or non-encroachment area is expected to have on the floodway boundaries and flood levels during the occurrence oft the base flood discharge. The evaluation shall be prepared bya qualified North Carolina licensed engineer using standard engineering methods and hydraulic models  acceptable flood-resistant materials. more than one foot.  meeting the minimum requirements oft the National Flood Insurance Program.  ****  Letter of Map Change (LOMC) means an official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include: (1) Letter of Map Amendment (LOMA): An official amendment. by letter, to an effective National Flood Insurance Program map. Al LOMA is based on technical data showing that a property had been inadvertently mapped as being in the floodplain. but is actually on natural high ground above the base flood elevation. A LOMA amends the current effective Flood Insurance Rate Mapand establishes that as specific property. portionofap property.ors structure (2) Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway  is not located in as special flood] hazard area.    7  delineations. and other planimetric features.  (3) Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel ofl land has been elevated by fill above the BFE and is. therefore. no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community'si floodplain management regulations. (4) Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether aproposed. project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Mapor Flood) Insurance Study:upon submission and approval ofc certified as-built documentation. a Letter of Map Revision may be issued by FEMA to revise the Light Duty Truck means any motor vehicle rated at 8.500 pounds Gross Vehicular Weight Ratingor less which has a vehicular curb weight of 6.000 pounds or less and which has al basic vehicle frontal area  effective FIRM.  of45 square feet or less as defined in 40 CFR 86.082-2 andi is:  (1) Designed primarily for purposes of transportation of property or is a derivation of such a (2) Designed primarily for transportation of persons and has a capacity of more than 12 persons: (3) Available with special features enabling off-street or off-highway operation and use. Lowest adjacent grade (LAG) means the elevation of the ground, sidewalk or patio slabi immediately Lowest floor means the lowest floor oft thel lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or limited storage in an area other than al basement areai is not considered al building's lowest floor, provided that such an enclosure is not built sO as to render the structure in violation oft the applicable non-elevation design Manyfactured. home means a structure, transportable in one or more: sections, which is built on a permanent chassis and designed to be used with or without aj permanent: foundation when connected to the required utilities. The term' "manufactured: home" does noti include a' "recreational vehicle". Manufactured home park or subdivision means aj parcel (or contiguous parcels) ofl land divided into Map Repository means the location oft the official flood hazard data to be applied for floodplain management. Itisac central location in which flood data iss stored and managed: in North Carolina. FEMA has recognized that the application of digital flood hazard data products have the same authority as hard copy products. Therefore. the NCEM's Floodplain Mapping Program websites house current and historical flood hazard data. For effective flood hazard data the NCI FRIS website OMPERIENCCOVERISHN the map repository. and for historical flood hazard data the FloodNC website CONCOANCICON is the map repository. Market value means the building value, noti including the land value and that of any accessory structures or other improvements on the lot. Market value may be established by independent certified appraisal; replacement cost depreciated for age ofbuilding and quality of construction (actual cash value); Med-sed-eve-means,lerpwpeseseftsenperzte-Natiema-geeete-Veriea-pal-PauR-NGVD) as-eerreeted-n-1929,te-esth-American-erisa-DatuNAVD)aseeestedin1988,erothervertieal eentreldafum-sedasareleremee-ooresabHSAimgvay-ingelevaliens-w-lesplain,te-whieh-base  vehicle.or or  next to the building, or deck support, after completion of the building.  requirements ofthis ordinance.  two or more manufactured home lots for rent or sale.  ora adjusted tax assessed values.    0  eeelevatensBHESyShOPRARMarerelereneremeed-Referte-aehFIRMpaneHese-delermine-dalum New construction means structures for which the' "start of construction" commenced on or after the effective date of the initial floodplain management regulations andi includes any subsequent Non-Conversion Agreement means a document stating that the owner will not convert or alter what has been constructed and approved. Violation ofthe agreement is considered a violation of the ordinance and. therefore. subject to the same enforcement procedures and penalties. The agreement must be filed with the recorded deed for the property. The agreement must show the clerk's or recorder's stamps and/or  used.  improvements to such structures.  notations that the filing has been completed.  ****  Temperature Controlledi means having the temperature regulated by a heating and/or cooling Violation means the failure ofa a structure or other development to be fully compliant with the community's floodplain management: regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Articles III and IVis presumed tol bei in violation until such time as that documentation is provided. Water: surface elevation (WSE) means the height, in relation to mean sea level, of floods of various magnitudes and frequencies in the floodplains of riverine areas. Watercourse means a lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse! includes specifically designated areas in which  system. built-in or appliance.  Variance is a grant of relief from the requirements oft this ordinance.  substantial flood damage may occur. Secs. 9-6-9-20. Reserved.  ARTICLE II. GENERAL PROVISIONS  Sec. 9-21. Lands to which this chapter applies.  This ordinance shall apply to all special flood hazard areas within thej jurisdiction, including extra- territorialj jurisdictions (ETJs), oft the City ofLenoire and-Within-thegurisdietomefanyeithercemmunity  Wnesegeverg-edyages,Wy-resehHen,esaeh-appheably. Sec. 9-22. Basis for establishing the special flood hazard areas.  The Special Flood Hazard Areas are those identified under the Cooperating Technical State (CTS) agreement between the State ofl North Carolina and FEMA inj its FIS dated. July 7.2009 shown on FIS for Caldwell County and associated DFIRM panels, including any digital data developed as part ofthe FIS. which are adopted by reference and declared a part oft this ordinance. and all revisions thereto. Fhe-speesal-eed-artareasaretnese-dentiedenthe-es-resentyadepiedfled-insuranee-ate mAPs4FRMSerCalwelCeumgy-mehadngrewsomsednashowPeMeFRMsapprevedly  FEMA-    9  ReAPPHeeRMSae-RepeaRy-releremeaemacaymeHeCNyofbemoirzening mep-Fheplamingdepaimethalmanainedglakepepersepyefl-episaeabiePRM-ferpabie  inspection- ****  Sec. 9-28. Penalties for violation.  AMy/PeseR-wRowalaspererresmPy-asyefasgemasaal-besabyetechA Violation of the provisions oft this ordinance or failure to comply with any ofi its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a misdemeanor under N.C. General Statute $ 143-215.58. Nothing herein contained shall prevent the City ofLenoir from taking such other lawful action as is necessary to  pemales-maeerdanew#hsesien-SeFhekemrCteefOrdimanes.  prevent or remedy any violation. Secs. 9-29---9-44. Reserved.  ARTICLEIV.ADMIN/STRATION  Sec. 9-45. Designation of floodplain administrator.  The Lenoir Planning Director, hereinafter referred to as the' Floodplain eAdministrator," isl hereby appointed to administer andi implement the provisions ofthis chapter. In instances where the Floodplain Administrator receives assistance from others to complete tasks to administer and implement this ordinance, the Floodplain. Administrator shall be responsible for the coordination and community's overall compliance with thel National Flood Insurance Program and the provisions oft this ordinance. Aassedawsaaawwwadasiepmsigpiasimsin senapter-may-beseappealed-otmelemeir-BeardeFA4rustmemtpcensisiemtwiththepresess-ferappeals Sec. 9-46. Floodplain development application, permit and certification requirements. (1) Application requirements. Application for a floodplain development permit shall be made to the floodplain administrator prior to any development activities located within special flood hazard areas. The following items shall be presented to the floodplain administrator to apply fora a a. A plot plan drawn to scale which shall include, but shall not be limited to, the following 1. The nature, location, dimensions, and elevations of the area of developmen/isturbane, existing and proposed structures, utility systems, grading/pavement areas, fill materials, 2. The boundary of the special flood hazard area as delineated on the FIRM or other flood map as determined in section 9-22, or a statement that the entire loti is within the special  a4HHAs8seR1348eASFCsCeleeF@.dmanes.  floodplain development permit:  specific details of the proposed floodplain development:  storage areas, drainage facilities, and other development;  flood hazard area;    10  3. Flood zone(s) designation oft the proposed development area as determined on the FIRM 4. The boundary oft the floodway(s) or non-encroachment area(s) as determined ins section 9- 5. Thel base flood elevation (BFE) where provided as set forth ins section 9-22; section 9-47; 6. The old and new location of any watercourse that will be altered or relocated as a result 7. The certification of the plot plan by a registered land surveyor or professional engineer. b. Proposed elevation, and method thereof, ofall development within a special flood hazard area 1. Elevation in relation to NAVD 1988 mean-sea-level oft the proposed reference level 2. Elevation in relation tol NAVD 1988 mean-sea-leve! to which any non-residential 3. Elevation in relation tol NAVD 1988 mean-sea-level to which any proposed utility C. Iffloodproofing, ai floodproofing certificate (FEMA Form 865FF206FV22-155.0) with supporting data, an operational plan, and an inspection and maintenance plan thati include, but are not limited to, installation, exercise, and maintenance of floodproofing measures. d. A foundation plan, drawn to scale, which shall include details oft the proposed foundation system to ensure all provisions oft this chapter are met. These details include, but are not 1. Thej proposed method of elevation, if applicable (i.e., fill, solid foundation perimeter wall, solid backfilled foundation, open foundation on Olummpesyperpieietr walls); 2. Openings to facilitate automatic equalization of hydrostatic flood forces on walls in accordance with subsection 9-67(4)c. when solid foundation perimeter walls are used in  or other flood map as determined ins section 9-22;  22; section 9-69;  of! proposed development; and  including, but not limited to:  (including basement) of all structures;  structure in Zone. AE, A or AO will be floodproofed; and systems will be elevated or floodproofed.  limited to: and  Zones AA0,AEkamA-39A, AE, AH,AO, A99.  ****  (2) Permit requirements. The floodplain development permit shall include, but not be limited to: a. Ac complete description of all the development to be permitted under the floodplain development permit (e.g. house, garage, pool, septic, bulkhead, cabana, pier, bridge, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage ofe equipment or materials, ee)Admwtpiamsfi.-dmiémere-mepiain b. The special flood hazard area determination for the proposed development in accordance with The regulatory flood protection elevation required for the reference level and all attendant d. The regulatory flood protection elevation required for thej protection of all public utilities.  develepmentpert:  available data specified in section 9-22.  utilities.    11  e. All certification submittal requirements with timelines.  f. A statement that no fill material or other development shall encroach into the floodway or non- encroachment area of any watercourse, unless the requirements ofsection 9-71 are met-as  applicable.  The flood openings requirements, ifin: zones A, AO, AE or A1-30.  h. Limitations oft below BFE enclosure uses (ifapplicable). (i.e., parking, building access and . A: statement, that all materials below BFE/RFPE must be flood resistant materials.  limited storage only).  (3) Certification requirements. a. Elevation certificates.  1. An) Elevation Certificate (FEMA Form FF-206-FY 22-152) is required prior to the actual start of any new construction. It shall be the duty oft the permit holder to: submit to the Floodplain Administrator a certification oft the elevation of the reference level, inj relation toNAVD 1988 (mean sea level). The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected' by such review shall be corrected by the permit holder prior to the beginning of construction. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permi.AmeevasioensentsAuinaeerlhereerenselevel esiabighe-WHMseversaemdardeyseyseFesaahmesFlherefereneelevel levalien,Shal-bethedwyeFtepetmsheleriesabmittethe-eedplain dminsiseracetifeaiisoflsamsidfheferelaeinwnieeanses evel-Any-wesk-denew#hintheseyendayealemdarpetiedaméprieriesubmission-efthe efiisationshalestlepethiainsiaininistsershallreview HeseRifsaiedaiasabmisidatyshwawshalesersinsty Repermi-Relderimmediatelyamépmerte-urtherwerk-beimgpemmittedte-preeed. FalareesHbieceleaieeraalwretemakereguirederetiens-shall-be-easete 2. An Elevation Certificate (FEMA Form FF-206-FY 22-152) is required after the reference level is established. Within seven (7) calendar days ofe establishment oft the reference level elevation, it shall be the duty ofthe permit holder tos submit to the Floodplain Administrator a certification of the elevation oft the reference level, in relation tol NAVD 1988. Any work done within thes seven (7) day calendar period and prior to submission oft the certification shall be at the permit holder'sr risk. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by thej permit holder immediately and prior to further work being permitted to proceed. Failure tos submit the certification or failure to make required corrections shall be cause to issue as stop-work order for the propectA-fnalas-bailitelewationertifieie EMA-Pe#R13-eeRaerercensseteRiseempleedamépierte-eertifieateef cempHaneeeeeupane-paney-swanee-shalbetheduyeHtelerie-sabmite-the #o9dP-aH-AGPHRSERSHaeraeeReA:eeFHma-as-buleensrueteeFthe-elevatienef hereferemelevelamdasalatmam-ulw-Pe-eupainsinnistisershalreview hecerifeedaiasabmi-Pwlesidaiyswhwahaleseresiadly ReperiReAdeFReyamépsereceHieaieofemphaneeeupaney-isswanee. asemeisiansesameirsesesicmmaylerpindiesenigerifyeemesieas-bailt  SsHeasiep-werkerderertheprejeet:    12  eenstruetien-Failureteswbmiheeerifeatiomerfallurete-makereguired-eerreetiens Messc-saswwh-fepiwspay 3. A final Finished Construction Elevation. Certificate (FEMA Fom:F-206FY22-1525 required after construction is completed and prior to Certificate of Complancc/Ocupany issuance. It shall be the duty oft the permit holder to submit tot the floodplain administrator a certification of final as-built construction of the elevation of the reference level and all attendant utilities. The floodplain administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to certificate of complance/occupaney issuance. Ins some instances, another certification may be required to certify corrected as-built construction. Failure to submit the certification or failure to make required corrections shall be cause to withhold the issuance ofa certificate of complance/ocupany. 1. Ifnon-residential floodproofing is used to meet the Regulatory Flood Protection Elevation requirements, al Floodproofing Certificate (FEMA Form FF-206-FY22-153 0), with supporting data, an operational plan, and an inspection and maintenance plan are required prior tot the actual start of any new construction. It shall be the duty ofthe permit holder to submit to the Floodplain Administrator a certification oft thei floodproofed design elevation of the reference level and all attendant utilities, in relation tol NAVD 1988. Floodproofing certification shall be prepared by or under the direct supervision ofay professional engineer or architect and certified by same. The Floodplain Administrator: shall review the certificate data, the operational plan, and the inspection and maintenance plan. Deficiencies detected by such review: shall be corrected by the applicant prior to permit approval. Failure to submit the certification or failure to make required corrections shall be cause to deny a Floodplain Development Permit. Failure to construct in accordance with the certified design shall be cause to withhold thei issuance ofa Certificate ofComplameOeupany. HFmen-residential Heedpreolingis-sede-mettmeregeaeg/-esdpreletieeleyalien-requirements,a oepreehingeertiteMNSH6-wAswpperingdal,amepenatiemal-plan,and -mspeeten-ant-ARemaReePaRarereguedpmerP-Re-aeHas-startetany-new COASFueHOR-ESHAIPtedHyeFePe#elerieswwteteedpaainadministate: eerifieatieneftheesépeiedesgnelevaloreFereferemseevelandal-aitendant knrelatientemanPapiNe-ssNeramdes ne-direetswpervsieFeprelessiena-emgmererarehiestamdceriieed-by-sae.The Resplainadainisisierahaireaesesadmlaepasepersiemalplam,amé-he mspeeHon-and-maimtnenansePa-DeeeneedeReebyswehrewewahal-be-cerectedby heappHeantprerterepemiAPPreMa-FalureiesabmittReceRiigaieRoEie-make equred-eerreeHensshal-secaseledeya-esdpaindevelopmemtpePRit-Patlurete cemstruetinaeerdaneraneewAMeceiReRifedesignshalbeecauseleHAeNHa Ifan manufactured home is placed within. Zones A, AE, AH, AO, A99 and the elevation oft the chassis is more than 36i inches in height above grade, an engineered foundation certification is required in accordance with the provisions of section 9-67,(3)(b). Reserved.  b. Floodproofing certificate.  efiieale-efeemphaneleewpaney  ****    13  Sec. 9-47. Duties and responsibilities of the floodplain administrator.  Thei floodplain administrator shall perform, but not be limited to, the following duties: (1) Review all floodplain development applications and issue permits for all proposed development within special flood hazard areas to assure that the requirements ofthis chapter have been satisfied. Review all proposed development within Special Flood Hazard Areas to assure that all necessary local, state and federal permits have been received, including Section 404 oft the Federal Water Pollution Control Act Amendments of1 1972,33U.S.C. 1334. Revew-alprepeseddevelepment hpesialfewdhaandaihamdntmepemithawe (3) Notify adjacent communities and the North Carolina Department of Crime Control and Public Safety, Division of Emergency Management, State Coordinator for thel National Flood Insurance Program prior to any alteration or relocation ofa watercourse, and submit evidence of such (4) Assure that maintenance is provided within the altered or relocated portion of said watercourse sO (5) Prevent encroachments into floodways and non-encroachment areas unless the certification and (6) Obtain actual elevation (in relation tol NAVD 1988 mean-sea-leve!) oft the reference level (including basement) and all attendant utilities ofa all new and: substantially improved structures, in accordance (7) Obtain actual elevation (in relation to NAVD 1988 mean-sea-level) to which all new and substantially improved structures and utilities have been floodproofed, in accordance with the (8) Obtain actual elevation (in relation tol NAVD 1988 mean-sea-level) of all public utilities in (9) When floodproofing is utilized for aj particular structure, obtain certifications from ar registered professional engineer or architect in accordance with the provisions of subsection 9-46(3) and (10) Where interpretation is needed as to the exact location of boundaries oft the special flood hazard areas, floodways, or non-encroachment areas (for example, where there appears tol be a conflict between a mapped boundary and actual field conditions), make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the (11) When base flood elevation (BFE) data has not been provided in accordance with the provisions of section 9-22, obtain, review, and reasonably utilize any BFE data, along with floodway data or non- encroachment area data available from ai federal, state, or other source, including data developed pursuant to subsection 9-69(2)b., in order to administer the provisions oft this chapter. (12) When base flood elevation (BFE) data is provided but no floodway or non-encroachment. area data has been provided in accordance with the provisions of section 9-22 obtain, review, and reasonably utilize any floodway data or non-encroachment area data available from a federal, state, or other 9)-Whethelewes-leramaeiowsasawentgmrefesinesnstarerthe-iostgwestgeuméelewatiemef pare-maspeeial-ehovetnebaseflesdeevaiontBHEaeadvise-hepreperty  been-received:  notification to the! Federal Emergency Management Agency (FEMA).  that the flood-carrying capacity is maintained. flood hazard reduction provisions ofs section 9-71 are met.  with thej provisions of subsection 9-46(3). provisions of subsection 9-46(3).  accordance with the provisions of subsection 9-46(3).  subsection 9-67(2).  interpretation as provided in this article.  source in order to administer the provisions oft this chapter.    14  wmerdflsepeioepes-AYMamainssew, Permanently maintain all records that pertain to the administration of this chapter and make these records available forj public inspection, recognizing that such information may bes subject Make on-site inspections ofwork inj progress. As the work pursuant to ai floodplain development permit progresses, the floodplain administrator shall make as many inspections oft the work as may be necessary to ensure that the work is being done according tot thej provisions oft the local ordinance and the terms oft the permit. In exercising this power, the floodplain administrator has ai right, upon presentation of proper credentials, to enter on any premises within the jurisdiction oft the community at any reasonable hour for the purposes of inspection or other enforcement action. (156) Issue: stop work orders as required. Whenever al building or part thereofi is being constructed, reconstructed, altered, or repaired in violation oft this chapter, the floodplain administrator may order the work to be immediately stopped. The stop work order shall bei in writing and directed to the person doing or in charge oft the work. The stop work order shall state the specific work to be stopped, the specific reason(s) for thes stoppage, and the condition(s) under which the work may be (167) Revoke floodplain development permits as required. Thei floodplain administrator may revoke and require the return oft the floodplain development permit by notifying the permit holder in writing stating the reason(s): for the revocation. Permits shall be revoked for any substantial departure from the approved application, plans, and specifications; for refusal or failure to comply with the requirements ofs state or local laws; or for false statements or misrepresentations made ins securing the permit. Any floodplain development permit mistakenly issued in violation of an applicable state (178) Make periodic inspections throughout thes special flood hazard areas within thej jurisdiction oft the community. The floodplain administrator and each member of! his or her inspections department shall have ai right, upon presentation of proper credentials, to enter on any premises within the territorial jurisdiction of the department at any reasonable hour for thej purposes ofi inspection or  FHPLOMA/EMAmAPapnneaiepmeip-mie.  (134) (145)  to the Privacy Act of1974, as amended.  resumed.  orl local law may also ber revoked.  other enforcement action.  (189) Follow through with corrective procedures ofs section 9-48. (1920) Review, provide input, and make recommendations for variance requests.  (20+) Maintain a current map repository to include, but not limited to, the FIS report, FIRM: and other official flood maps and studies adopted in accordance with the provisions ofs section 9-22 ofthis chapter, including any revisions thereto including letters of map change, issued by FEMA. Notify (212) Coordinate revisions to FIS reports and FIRMS, including letters ofr map revision based on fill  state and FEMA of mapping needs.  (LOMR-Fs) and letters ofr mapi revision (LOMRs).  Sec. 9-48. Corrective procedures.  (1) Violations to be corrected. When the floodplain administrator finds violations ofa applicable state and local laws, it shall be his or her duty to notify the owner or occupant oft the building oft the violation. The owner or occupant shall immediately remedy each oft the violations of law cited in such  notification.    15  (2) Actions in event offailure to take corrective action. If the owner ofal building or property shall fail to take prompt corrective action, the floodplain administrator shall give the owner written notice, by certified or registered mail to the owner's last known address or by personal service, stating: a. That the building or property is in violation of the floodplain management regulations; b. That a hearing will be held before the floodplain administrator at a designated place and time, not later than ten days after the date oft the notice, at which time the owner shall be entitled to bel heard inj person or by counsel and to present arguments and evidence pertaining to the That following the hearing, the floodplain administrator may issue an order to alter, vacate, or (3) Order to take corrective action. If, upon al hearing held pursuant to the notice prescribed above, the floodplain administrator shall find that the building or development is in violation of the flood damage prevention ordinance, he or she shall issue an order in writing to the owner, requiring the owner to remedy the violation within a specified time period, not less than 60 calendar days, nor more than 180 days. Where the floodplain administrator finds that there isi imminent danger to life or other property, he or she may order that corrective action be taken in such lesser period as may be (4) Appeal. Any owner who has received an order toi take corrective action may appeal the order toi the Lenoir Board of Adjustment by giving notice of appeal in writing to the floodplain administrator and the clerk within ten days following issuance oft the final order. In the absence of an appeal, the order of the floodplain administrator shall be final. Thel local governing body shall hear an appeal within a (5) Failure to comply with order. Ift the owner ofal building or property fails to comply with an order to take corrective action for which: no appeal has been made or fails to comply with an order oft the governing body following an appeal, the owner shall be subject to civil penalties ina accordance with section 1-15 oft thel Lenoir Code of Ordinances. A violation oft this subsection is a civil violation and  matter; and  demolish the building; or to remove fill as applicable.  feasible.  reasonable time and may affirm, modify and affirm, or revoke the order.  does not constitute ai misdemeanor ori infraction.  Sec. 9-49. Variance procedures.  (1) The Lenoir Board of Adjustment, hereinafter: referred to as the' "appeal board," shall hear and decide (10) A variance may bei issued for solid waste disposal facilities or sites, hazardous waste management facilities, salvage yards, and chemical storage facilities that are located in special flood hazard areas  requests for variances from the requirements of this chapter.  ****  provided that all oft the following conditions are met. a. The use: serves a critical need in the community.  b. No feasible location exists for the use outside the special flood hazard area. d. The use complies with all other applicable federal, state and local laws.  The reference level ofa any structure is elevated or floodproofed to at least the regulatory flood. The city of Lenoir has notified the Secretary oft the North Carolina Department of Crime Centreland Public Safety ofi its intention to grant a variance at least 30 calendar days prior to  protection elevation.  granting the variance.    16  Secs. 9-50-9-65. Reserved.  ARTICLE: - #V. PROVISIONS FOR FLOOD HAZARD REDUCTION  Sec. 9-66. General standards.  Ina all special flood hazard areas, the following provisions are required: (1) All new construction and substantial improvements shall be designed (or modified) and adequately anchored toj prevent flotation, collapse, and lateral movement of the structure. (2) All new construction and: substantial improvements shall be constructed with materials and utility equipment resistant to flood damage in accordance with the FEMA Technical Bulletin 2.Flood Damage-Resisiant Materials Requirements. AH-ReW-ceRsEeHOemandsabstantantial-imprevements kewsswwN.aNA-yshswRasdase (3) All new construction and substantial improvements shall be constructed by methods and practices (4) Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located sO as toj prevent water from entering or accumulating within the components during conditions of flooding to the regulatory flood protection elevation. These include, but are not limited to, HVAC equipment, water softener units, bath/kitchen fixtures, ductwork, electric/gas meter panels/boxes, utility/cable boxes, hot water heaters, and electric a. Replacements part ofas substantial improvement must also meet the above provisions b.) Replacements that are for maintenance and not part of a substantial improvement, may be installed at the original location provided the addition and/ori improvements comply with the standards for new construction consistent with the code and requirements for the original structure. (5) All new and replacement water supply systems shall be designed to minimize or eliminate (6) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters. (7) On-site waste disposal systems shall be located and constructed to avoid impairment to them or Any-aHeratien,repali,Pesensinen/eHimprevemetsteasieHemplianee-with e-preVsIes-OFtnsehaplei,shal-meeereiremetsef"new-ensiesetien'aseeentainedin-this (89) Nothing in this chapter shall prevent the repair, reconstruction, or replacement ofal building or structure existing on the effective date oft this chapter and located totally or partially within the floodway, non-encroachment. area, or stream setback, provided there is no additional encroachment below the regulatory flood protection elevation in the floodway, non-encroachment area, or stream setback, and provided that such repair, reconstruction, or replacement meets all oft the other  that minimize flood damages.  outlets/switches.  infiltration of floodwaters into the: system.  contamination from them during flooding.  ehapter:  requirements oft this chapter.    17  (910) New solid waste disposal facilities and sites, hazardous waste management facilities, salvage yards, and chemical storage facilities shall not be permitted, except by variance as specified in subsection 9-49(10). A structure or tank for chemical or fuel storage incidental to an allowed use or to the operation ofay water treatment plant or wastewater treatment facility may be located ina special flood hazard area only ift the structure or tanki is either elevated or floodproofed to at least the regulatory flood protection elevation and certified in accordance with the provisions ofsubsection 9- (10+) All subdivision proposals and other development proposals shall be consistent with the need to (112) All subdivision proposals and other development proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood (123) All subdivision proposals and other development proposals shall have adequate drainage (134) All subdivision proposals and other development proposals shall have received all necessary permits from those governmental agencies for which approval is required by federal or state law, including Section 404 ofthe Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. (145) When a structure is partially located in a special flood hazard area, the entire structure shall meet (156) When as structure is located in multiple flood hazard zones or in ai flood hazard risk zone with multiple base flood elevations, the provisions for the more restrictive flood hazard risk zone and the (16) Buildings and structures that are located in more than one flood hazard area shall comply with the (17) Fill is prohibited in the SFHA, including construction of buildings on fill. This includes not approving Conditional Letters or Letters of Mapl Revision - Based on Fill (CLOMR-F or LOMR-F). In all special flood hazard areas where base flood elevation (BFE) data has been provided, as set forth in section 9-22 and section 9-691 the following provisions, in addition to the provisions of section 9- (1) Residential construction. New construction and substantial improvement ofa any residential structure (including manufactured homes) shall have the reference level, including basement, elevated no lower than the regulatory flood protection elevation, as defined in section 9-5 oft this chapter. 2) Non-residential construction. New construction and substantial improvement of any commercial, industrial, or other non-residential structure shall have the reference level, including basement, elevated no lower than the Regulatory Flood Protection Elevation, as defined in section 9-5 ofthis ordinance. Structures located in Zones A, AE, AH, AO, and A130. A99 may be floodproofed to the Regulatory Flood Protection Elevation (RFPE) in lieu of elevation provided that all areas oft the structure, together with attendant utility and sanitary facilities, below the Regulatory Flood Protection Elevation are watertight with walls substantially impermeable to the passage of water, using structural components having the capability ofresisting hydrostatic and hydrodynamic loads and the effect of buoyancy. For AO: Zones, the floodproofing elevation shall bei in accordance with  46(3).  minimize flood damage.  damage.  provided to reduce exposure to flood hazards.  1334.  the requirements for new construction and substantial improvements.  highest base flood elevation (BFE): shall apply.  provisions associated with the most restrictive flood hazard area.  Sec. 9-67. Specific standards.  66, are required:    18  subsection 9-72(2). A registered professional engineer or architect shall certify that the floodproofing standards ofthis subsection are: satisfied. Such certification shall be provided to the Floodplain Administrator as set forth ins subsection 9-46(3), along with the operational plan and the OMewamérephsememimwwePaiaAMAEA,AOAmeA130Zms: New and replacement manufactured homes shall be elevated so that the reference level oft the manufactured home is no lower than the Regulatory Flood Protection Elevation/RFPE.as (b) Manufactured homes shall be securely anchored to an adequately anchored foundation tor resist flotation. collapse, and lateral movement. either by certified engineered foundation system, or ina accordance with the most current edition of the State of] North Carolina Regulations for Manufactured Homes adopted by the Commissioner of] Insurance pursuant to] NCGS 143- 143.15. Additionally, when the elevation would be met by an elevation of the chassis thirty-six (36)inches or less above the grade at the site. the chassis shall be supported by reinforced piers or engineered foundation. When the elevation of the chassis is above thirty-six (36)inches in (c) All enclosures or skirting below the lowest floor shall meet the requirements of section 9- (db) An evacuation plan must be developed for evacuation of all residents ofalln new, substantiallyi improved or substantially damaged manufactured home parks or subdivisions located within flood-prone areas. This planshall be filed with and approved by the Floodplain  inspection and maintenance plan. 3) Manufactured homes.  defined ins section 9-5oft this ordinance.  height. an engineering certification is required.  67(4).  Administrator and the local Emergency Management Coordinator.  (4) Elevated buildings. Fully enclosed area, of new construction and substantially improved structures, a. Shall not be designed or used for human habitation, but shall only be used for parking of vehicles, building access, or limited storage ofmaintenance equipment used in connection with the premises. Access to the enclosed area shall bet the minimum necessary to allow for parking of vehicles (garage door) or limited storage ofi maintenance equipment (standard exterior door), or entry to the living area (stairway or elevator). The interior portion ofs such enclosed area shall not be finished or partitioned into separate rooms, except to enclose storage areas; eb. Shall be constructed entirely off flood-resistant materials at least to the regulatory flood de. Shall include,iReReS-AyA9,AEem4A130, flood openings to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must either be certified by aj professional engineer or architect 1. A minimum of two flood openings on different sides of each enclosed area subject to 2. The total net area ofa all flood openings must be at least one square inch for each square 3. Ifal building has more than one enclosed area, each enclosed area must have flood openings to allow floodwaters to automatically enter and exit;  which is below the lowest floor:  b. Shall not be temperature-controled or conditioned:  protection elevation; and  or meet or exceed the following minimum design criteria:  flooding;  foot of enclosed area subject to flooding;    19  4. The bottom of all required flood openings shall ber no higher than one foot above the 5. Flood openings may be equipped withs screens, louvers, or other coverings or devices, provided they permit the automatic flow ofi floodwaters in both directions; and 6. Enclosures made oft flexible skirting are not considered enclosures for regulatory purposes, and, therefore, do not require flood openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires flood openings as  adjacent grade;  outlined above.  (5) Aadtlonymprovements:  a. Additions and/or improvements toj pre-FIRM structures when the addition and/or improvements in combination with any interior modifications to the existing structure are: 1. Not a substantial improvement, the addition and/or improvements must be designed to minimize flood damages and must not be any more non-conforming than the existing 2. As substantial improvement, with modifications/ehabilitations/mprovememnts to the existing structure or the common wall is structurally modified more than installinga doorway, both the existing structure and the addition must comply with the standards for new construction. Astbstanta-mprevememtbelhReewsingsiweerewnd-theadition anderimprevemenisIsempPwhesanderd-erREw-cORsetOR: b. Additions to pre-FIRM or post-FIRM structures with no modifications to the existing structure other than a standard door in the common wall shall require only the addition to comply with Additions and/or improvements toj post-FIRM structures when the addition and/or improvements in combination with any interior modifications tot the existing structure are: 1. Not as substantial improvement, the addition and/or improvements only must comply with 2. As substantial improvement, both the existing structure and the addition and/or improvements must comply with the standards for new construction. d. Any combination ofr repair. reconstruction, rehabilitation. addition or improvement ofa building or structure taking place during a one (1)year period. the cumulative cost of which equals or exceeds 50 percent oft the market value oft the structure before thei improvement or repair is started must comply with the standards for new construction. For each building or structure. the one (I) year period begins on the date of the first improvement or repair oft that building or structure subsequent to the effective date oft this ordinance. Substantial damage also means flood-related damage sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event. on the average. equals or exceeds 25 percent of  structure.  the standards for new construction.  the standards for new construction.  the market value oft the structure before the damage occurred. (6) Recreational vehicles. Recreational vehicles shall either:  a. Temporary Placement Beomsit-fe-ewerhm-seshdyeaand eady-erlnghwey-setereeresiena-velee'sesdyerMghMyeFitisenits-wheelser aeking-ystem,isaliehediolhesieesie-enybyguieldiscomnetype-#me  PermanentyaHaehed-adtenser  1. Be on site for fewer than 180 consecutive days: or    20  2. Be fully licensed andi ready for highway use (a recreational vehicle is ready for highway use ifiti is oni its wheels orj jacking system. is attached to the site only byquick disconnect b. Permanent Placement. Recreational vehicles that do not meet the limitations ofTemporary  type utilities, and has no permanently attached additions) Placement shall meet all the requirements for new construction.  ****  (9) Tanks. When gas and liquid storage tanks are to be placed withinas Special Flood Hazard Area,  the following criteria shall ber met:  (a) Underground tanks. Underground tanks in flood hazard areas shall be anchored to prevent flotation. collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions oft the design flood. including the effects of buoyancy assuming the tank is (b) Above-ground tanks. elevated. Above-ground tanks in flood hazard areas shall be elevated to ora above the Regulatory Flood Protection Elevation on a supporting structure that is designed to prevent flotation, collapse orl lateral movement during conditions oft the design flood. Tank-supporting structures shall meet the foundation requirements oft the applicable flood (c) Above-ground tanks. not elevated. Above-ground tanks that do not meet the elevation requirements of Section 9-67 of this ordinance shall be permitted in flood hazard areas provided the tanks are designed. constructed, installed. and anchored to resist all flood-related and other loads. including the effects of buoyancy, during conditions of the design flood and without release of contentsi ini the floodwaters or infiltration by floodwaters into the tanks. Tanks shall be designed, constructed. installed, and anchored to resist the potential buoyant and other flood forces acting on an empty tank during design flood conditions. (d), Tank inlets and vents. Tank inlets. fill openings. outlets and vents shall be:  empty;  hazard area;  1. Ato or above the Regulatory Flood Protection Elevation or fitted with covers designed top prevent the inflow of floodwater or outflow of the contents oft the tanks during 2. Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads. including the effects of buoyancy. during conditions of the design flood.  conditions oft the design flood: and  (10) Other Development.  (a) Fences in regulated floodways and NEAS that have the potential to block the passage of floodwaters. such as stockade fences and wire mesh fences. shall meet the limitations of (b) Retaining walls, sidewalks and driveways in regulated floodways and NEAS. Retaining walls and sidewalks and driveways that involve the placement of fill ini regulated floodways shall (c). Roads and watercourse crossings inj regulated floodways and NEAS. Roads and watercourse crossings. including roads. bridges. culverts. low-water crossings and similar means for vehicles or pedestrians to travel from one side ofay watercourse to the other side. that  Article 5. Section F ofthis ordinance.  meet the limitations of Article 5. Section F oft this ordinance.    21  encroach into regulated floodways shall meet the limitations of Article 5. Section F ofthis (d) Commercial storage facilities are not considered "limited storage" as noted in this ordinance, and shall be protected tot the Regulatory Flood] Protection Elevation as required for  ordinance.  commercial structures.  ****  Sec. 9-71. Floodways and non-encroachment areas.  Areas designated as floodways or non-encroachment areas are located within the Special Flood Hazard reas established ins section 9-22. The floodways and non-encroachment. areas are extremely hazardous areas due to the velocity of floodwaters that have erosion potential and carry debris and potential projectiles. The following provisions, in addition to standards outlined in sections 9-66 and 9-67, (1) No encroachments, including fill, new construction, substantial improvements and other  shall apply to all development within such areas: developments shall be permitted unless:  a. Itis demonstrated that the proposed encroachment would not result in any increase int the flood levels during the occurrence of the base: flood, based on hydrologic and hydraulic analyses performed in accordance with: standard engineering practice and presented to the floodplain b. A Conditional Letter of Map Revision (CLOMR) has been approved by FEMA. A Letter Of Map Revision (LOMR) must also be obtained upon within six months of completion oft the (2) Ifsubsection 9-71(1) is satisfied, all development shall comply with all applicable flood hazard (3) No manufactured homes shall be permitted, except replacement manufactured homes in an existing manufactured home park or subdivision, provided the following provisions are met: a. The anchoring and the elevation standards of subsection 9-67(3); and b. The no encroachment standard of subsection 9-71(1). Sec. 9-72. Standards for areas of shallow flooding (zone AO).  administrator prior to issuance of floodplain development permit, or  proposed encroachment. reduction provisions oft this ordinance.  Located within the special flood hazard areas established ins section 9-22, are areas designated as shallow flooding areas. These areas have special flood hazards associated with base flood depths of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate. In addition tos sections 9-66 and 9-67, all new construction and substantial (1) The reference level shall be elevated at least as high as the depth number specified on the flood insurance rate map (FIRM), in: feet, plus ai freeboard of two feet, above the highest adjacent grade; or at least four feet above thel highest adjacent grade ifi no depth number is specified. (2) Non-residential structures may, in lieu of elevation, bei floodproofed to the same level as required in subsection 9-72(1): sO that the structure, together with attendant utility and: sanitary facilities, below that level shall be watertight with walls substantially impermeable to the passage ofwater and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Certification is required in accordance with subsections 9-46(3) and 9-67(2).  improvements shall meet the following requirements:    22  (3) Adequate drainage paths shall be provided around structures on slopes, to guide floodwaters around  and away from proposed structures.  Sec. 9-73. Standards for areas of shallow flooding (zone AH).  Located within the Special Flood Hazard Areas established in section 9-22. are areas designated as shallow flooding areas. These areas are subject to inundation by Lpercent-amnual-chance shallow flooding (usually areas of ponding) where average depths are one (1) to three (3) feet. Base Flood Elevations are derived from detailed hydraulic analyses are shown ini this zone. In addition to sections 9- 66 and 9-67. all new construction and substantial improvements shall meet the following requirements: Adequate drainage paths shall be provided around structures on slopes. to guide floodwaters around and  away from proposed structures. Secs. 9-743 -9-88. Reserved.  ARTICLE VI. LEGAL: STATUS PROVISIONS  Sec. 9-89. Effect on rights and liabilities under the existing flood damage prevention This ordinance in part comes forward by re-enactment of some oft the provisions oft the flood damage prevention ordinance enacted February 27, 1978 as amended, and iti is not thei intention to repeal but rather to re-enact and continue to enforce without interruption ofs such existing provisions, sO that all rights and liabilities that have accrued thereunder are reserved and may be enforced. The enactment of this ordinance shall not affect any action, suit or proceeding instituted or pending. All provisions oft the flood damage prevention ordinance oft the City ofLenoir enacted on February 27, 1978, as amended,  ordinance.  which are not reenacted herein are repealed.  Sec. 9-90. Effect upon outstanding floodplain development permits.  Nothing herein contained shall require any change in the plans, construction, size, or designated use ofany development or any part thereof for which a floodplain development permit has been granted by the floodplain administrator or his or her authorized agents before the time ofp passage oft this chapter; provided, however, that when construction is not begun under such outstanding permit within aj period of six months subsequent to the date ofi issuance oft the outstanding permit, construction or use shall be in  conformity with the provisions of this chapter. SECTION9-91. SEVERABILITY.  Ifany section. clause. sentence. or phrase oft the Ordinance is held to be invalid or unconstitutional bya any court of competent jurisdiction. then said holding shall in no way effect the validity oft the remaining  portions of this Ordinance.  Article VII. EFFECTIVE DATE.  This ordinance shall become effective upon adoption.  Article VIII. ADOPTIONCERTIFICATION.    23  DONE, THE FIRST READING, by an affirmative vote ofa majority of a quorum present of the City Council oft the City ofLenoir, North Carolina, at a regular meeting, this 5th day of March, 2024. DONE, THE PUBLIC NOTICE, in a newspaper of general circulation in the City of Lenoir, North Carolina, by the City Clerk oft the City ofLenoir, North Carolina, the 22nd and 29th day of February, 2024. DONE, THE SECOND READING AND PUBLIC HEARING, AND ENACTED ON FINAL PASSAGE, by an affirmative vote ofa a majority ofa a quorum present oft the City Council of the City of  Lenoir, North Carolina, at a regular meeting, this  day of  2023.  BY7 THE MAYOR/MAYOR PRO TEMPORE OF THE CITY OF LENOIR, NORTH CAROLINA:  Mayor/Mayor Pro Tempore  ATTEST, BY THE CLERK OF THE CITY COUNCIL OF THE CITY OF LENOIR, NORTH  CAROLINA: City Clerk  **[Remainder of page intentionally left blank.]**    24 Tuesday, February 6, 2024 Minutes-City of Lenoir Council Meeting  LENOIR CITY COUNCIL TUESDAY, FEBRUARY6, 2024  6:00 P.M.  PRESENT:  Mayor Joe Gibbons presiding. Councilmembers present Mayor Pro-Tem David Stevens, Ike Perkins, Todd Perdue, Ralph Prestwood, Kimmie Rogers, Crissy Thomas, City Manager Scott Hildebran, City Clerk Shirley Cannon and City Attorney Timothy Rohr.  ABSENT: STAFF PRESENT:  Councilmember Jonathan Beal.  Finance Director Donna Bean, Fire ChiefNorman Staines, Assistant Fire ChiefKenny Nelson, Economic Development Director, Kaylynn Hom, Chief of Police Brent Phelps, Planning Director Hannah Williams, Public Services Director Radford Thomas, Public Works Operations Manager Jon Hogan, Public Utilities Director Jeff Church, Downtown, Event Coordinator Matthew Anthony and Communications Director Joshua Harris.  LCALLTOORDER Mayor Gibbons.  A. The meeting was opened by a moment of silence and the pledge of allegiance as led by  CONDOLENCES; WAYNE KELLER FAMILY:  B. On behalf ofCity Council, Mayor Gibbons extended condolences to the family of Wayne Keller and asked everyone tol keep this family in their thoughts and prayers. Mr. Keller worked for Blue Ridge Energies for thirty years and was a well-respected member of the  community.  PRESENTATION; DOWNTOWN  MASTER PLAN: C.Andrew Gale, DLR Group along with Caroline Thompson on Zoom presented and overview  oft the Downtown Master Plan to City Council. (A copy of the Plan is available for review Mr. Gale highlighted the City's goals and stated the Plan would serve as a guiding document over the next ten years. However, he pointed out the Plan may change as Council and Staff decide on which projects to implement first and available funding. He stated thel Plan needs to have achievable goals and pointed out a vital downtown plays an important parti in the process. Mr. Gale stated DLR held workshops, interviewed City Council, Staff, held community engagement: meetings plus received over 800 responses from citizens and business owners toa survey seeking their input on what they would like tol have in downtown Lenoir. Mr. Gale stated they have identified open spaces such as the. J.E. Broyhill Park along with areas for pocket parks including benches plus space for food trucks. He also showed an aerial view which illustrated recommendations for the four (4) downtown unique districts as listed  on the City's website at www.ctyofenoir.com)  below.    25 Tuesday, February 6, 2024 Minutes-City ofLenoir Council Meeting  1. West District (which includes The Campus) 4. Mulberry Street Mixed-Use District (South District)  2. North District 3. Downtown District  Mr. Gale discussed parking and connectivity and noted that changing the traffic flow from one way streets to two way streets is critical to our gateways into downtown. He remarked Lenoir Mr. Gale stated The Campus (former LHS High School) would also create ai number of opportunities and noted the goal is tol have something people will slow down fori in order to seei it. In addition, Mr. Gale shared a slide featuring the LHS former band building design which will feature several levels. Mr. Gale stated they have done case studies inside and outside of our region and reiterated the Plan will be implemented in phases. Further, Mr. Gale explained the opportunities and constraints for the Plan and reiterated the City needs open space along with activities for families. He reiterated The Plan will be implemented in phases over a ten-year period and include mixed use featuring arts, culture Mr. Gale commended Main Street & Economic Development Director Kaylynn Horn and Downtown Event Coordinator Matthew Anthony for all of their hard work int the  should experience al lot of growth over the next several years.  and programming. Also, the City will review its funding strategies.  development oft the Plan.  11. MATTERS SCHEDULED FOR PUBLIC HICARINGS  111. CONSENT AGENDA ITEMS 2024 as submitted. City Attorney.  IV. Minutes: Approval oft the minutes of the City Council Meeting ofTuesday, January 16, V. Minutes; Closed Session: Approval of the closed session minutes oft the City Council meeting ofTuesday, January 16 as reviewed by the City Council, City Manager and the VI. Bid Award; Old Lenoir High School Roof Replacement: Project, Gymnasium & Band Building: Staff recommends City Council award the low bid of$233,375.00 to Barger- Ashe Roofing as the lowest responsible bidder for the Old Lenoir High School Roof Replacement Project which includes the gymnasium and band building. (A copy of the bid tab is hereby incorporated into these minutes reference. Refer toj pages 29.) VII. Resolution; BRIC Grant: Staffrecommends approval by resolution to designate agents to seek funding for the BRIC grant for the City of Lenoir Resilient Wastewater Treatment Infrastructure project match as recommended by Staff. (A copy of the resolution is hereby Upon a motion by Councilmember Thomas, Council voted 61 to0 to adopti items (A through D) on the Consent Agenda as described above and as recommended by City Manager  incorporated into these minutes as reference. Refer to page 30.)  Hildebran.    26 Tuesday, February 6, 2024 Minutes-City ofLenoir Council Meeting  IV. REQUESTS AND PETITIONS OF CITIZENS  HOMELESS ISSUE:  A. Patrick Ariztia and Alice Fueston addressed City Council and asked what the City's plans were to help the homeless population in Lenoir. Mr. Ariztia said he works with His Glory- Ms. Fueston shared Yokefellow receives donations of! blankets, food, and clothing, but emphasized these items were not being given to the homeless when they asked for them. Mr. Ariztia said his wife was licensed inl North Carolina to work in shelters and commented Councilmember Perdue stated Yokefellow is aj private entity and not owned by the City. He asked Mr. Artiztia what he would have the City to do regarding thisi issue. Mr. Artiztia said he didn'tknow with Councilmember Perdue asking him to bring his suggestions back to City Asi information, Mayor Gibbons stated several churches have recently opened warming stations since the weather has tured cold. In addition, Mayor Gibbons explained the Western Piedmont Council of Governments created a Homeless Response Team to gather date about the homeless population in order to better direct them to the plaçes that can provide the Mayor Gibbons thanked Mr. Ariztia and Ms. Fueston for coming to the Council meeting. B. Parks and Recreation Director Phil Harper informed City Council he supports Lester Whittington's proposal 100% that hei is going to share with Council. Lester Whittington, Manager, Martin Luther King, Jr. Center addressed City Council regarding the upcoming 50+h Anniversary oft the City's Harambee Festival, which ist the City's oldest festival. He stated he wrote a grant for a mural and shared a sketch oft the mural designed by Hickory artist Charles Kimso. He said following approval by Council, the mural would be painted on the left hand side of the recreation center as you enter the facility. Mr. Whittington said the size oft the mural will be 6' x12' and includepictures of Dwight Perkins and Sylvia Greene, the individuals who actually started the Harambee Festival along with several other individuals. The mural will be completed by the first week of August 2024 when the festival is held and it isi in honor ofMr. Perkins and Mrs. Greene. Mr. Whittington shared both of their families are planning to visit Lenoir to view the mural Following a brief discussion and upon a motion' by Councilmember Rogers, City Council voted 61 to 01 to endorse the concept oft the mural in celebration ofHarambee's: 50th Anniversary. The final concept for the mural will bej presented to City Council at al later date  Search, Rescue & Aid Team (STRAT) to help the homeless.  hej previously was arrested for buying food for the homeless.  Council.  services they may need.  MURAL; HARAMBEE EVENT:  when it is finished.  for their consideration ofa approval.  V. REPORTS OF BOARDS AND COMMISSIONS    27 Tuesday, February 6, 2024 Minutes-City ofLenoir Council Meeting  VI. REPORT ANDRECOMMENDATIONS OF THE CITYMANAGER  A. Items ofInformation  ABC BOARD: LENOIR BUSINESS  1.The ABC Board will meet on Thursday, February 8 at 2:00 p.m.  ADV.BOARD: 2. TheLenoir Business Advisory Board will meet on Thursday,February 8 at 6:00 p.m. at City  Hall, Third Floor.  CITY/COUNTY SERVICES COMMITTEE:  3. The City/County Services Committee will meet on Monday, February 12 at noon at the. J.E.  Broyhill Civic Center.  ECONOMICDEVELOPMENT ADVISORY COMMITTEE:  4. The Economic Development Advisory Committee will meet on Tuesday, February  13 at 8:15 a.m. at the J. E. Broyhill Civic Center.  PARKS & RECREATION ADVISORY BOARD:  5.7 The Parks and Recreation Advisory Committee will meet on Monday, February 19  at 6:00 p.m. atl Mulberry Recreation Center.  BUDGET RETREAT:  6.City Council will conduct al Budget Retreat on Friday, February 23 at 8:00 a.m. at  the. J. E. Broyhill Civic Center, Room 215.  BLACKHISTORY MONTH:  7. February is Black History Month and events are scheduled throughout the month at the Martin  Luther King, Jr. Center to celebrate this notable occasion.  B. Items for Council Action  RESOLUTION; 2024 DOWNTOWN  MASTER PLAN: 1. City Staff recommends approval ofar resolution to adopt the 2024 Downtown Master Plan  with DLR Group/McGill Associates as submitted.  A copy of the resolution isl hereby incorporated into these minutes by reference. (Refer As background information, City Council previously requested that al Downtown Master Plan featuring The Campus be prepared by the DLR Group, who engaged services from McGill Associates and Design Local. Mr. Hildebran stated City Council and Staff reviewed the Downtown Master Plan on January 23, 2024 to confirm the Plan's consistency with all other City initiatives and future projects. Upon a motion by Councilmember Perdue, City Council voted 6t to0 to approve the  top page 31.)    28 Tuesday, February 6,2024 Minutes-City ofLenoir Council Meeting  resolution to adopt the Downtown Master Plan Update with the DLR Group/McGill as  submitted and as recommended by City Manager Hildebran.  VII. REPORT AND RECOMMENDATIONS OF THE CITYATTORNEY VIII. REPORT AND RECOMMENDATIONS OF THEI MAYOR IX. REPORT AND RECOMMENDATIONS OF COUNCILMEMBERS  X. ADJOURNMENT  A. There being no further business, the meeting was adjoumed at 6:50 p.m.  Shirley M. Cannon, City Clerk  Joseph L. Gibbons, Mayor    29  Tuesday, February 6, 2024 Minutes-City ofLenoir Council Meeting  CITY OF LENOIR COUNCIL. ACTION FORM  I.  Agenda Item:  Project Bid Award: Old Lenoir High School RoofReplacement Project  II. Background Information:  Due to the current condition of the roofs systems on the Gymnasium/Utility Room and Band Building/Workshop facility at thel Lenoir High School Campus, staff feels that utilizing current CDBG funds to replace theses roof systems is the next best step in the improvement plan at the Lenoir High This Project was let and advertised for Public Bid on Friday. January 19th, with a public bid opening date of] Friday January 26th at 2:00pm.  School Campus.  Bids:  Barger-Ashe Roofing Tecta America Carolinas LLC Trivette 's Roofing and Guttering, LLC  $233,375.00 $620,305.00 $114,980.00  (This bid was considered non- responsive and non-compliant)  III. StatfRecommendation:  Statfrecommends awarding the bid to Barger-Ashe Roofing Company as the  lowest, responsive, responsible bidder.  IV. Reviewed By: City Attorney:  Public Works/Public Utilities Director:JH  City Manager:    30  Tupsyrftmyt,et Minjutes-City ofLenoir Council Meeting Organization' Name (hereafter named Organization) Applicant's Fiscal Year (FY)Start Applicant's Federal Employersldemtification Number Applicant's Federal Information! Processing Standards (FIPS) Number  RESOLUTION  DESIGNATION OF APPLICANT'S AGENT North Carolina Division ofEmergency! Management  Disaster Number:  CITY OFLENOIR  Applicant's State Cognizant Agency for Single Audit purposes (IfCognizant. Agency ist not assigned, pleasei indicate):  Month: JULY Day: 1ST  56 6 6001265  37 377 -60 SECONDARY AGENT  PRIMARY AGENT  Agent's Name SCOTTHILDEBRAN Organization CITYOFLENOIR Official Position CITYMANAGER Mailing Address City, State, Zip LENOIR, NC: 28645 Daytime Telephone Facsimile Number Pager or Cellular Number  Agent'sName DONNA BEAN Organization CITYOFLENOIR Official Position FINANCE DIRECTOR Mailing Address City, State, Zip LENOIR, NC28645 Daytime Telephone Facsimile Number Pager or Cellular) Number  801 WESTA AVE  801 WEST AVE  -  (828) 757-2200  (828)757-2200  BEI ITR RESOLVEDBY thes goveming body ofthe Organization (apublic entity dulyo organized undert the laws ofthe State ofNorth Carolina) thatt thea above-named! Primary ands Secondary Agentsa areh herebya authorized toe execute andf filea applications! forf foderal and/ors state assistance on behalfofu the Organization fort thep purpose ofobtaining certains statca and! federal financial assistance underthe RobertT. Stafford Disaster Relief &E Emergency Assistance Act, (Public Laws 93-288 asa amended) or aso otherwise available. BEI ITF FURTHER RESOLVED thatt thea above-named agents area authorized tor represent anda act fort the Organization inall dealings with the State ofNorth Carolina andt the Federal Emergency Management Agency! fora alln mattersp pertaining tos such disaster assistance required by theg granta agreements and the assurances printedont the reverse side hereof. BEIF FINALLYI RESOLVEDT THAT thea above-named: agentsa area authorized toa acts severally. PASSED AND  APPROVED this Name andNtle Name and itle Name and" Title  dayof GOVERNING BODY Aayer  20  CERTIFYING OFFICIAL CPK  mtan 225-7 757-3205  dm  l7 Daytime Telephone CERTIFICATION  1Shrley M.CGAAoR (Name) duly appointed and LityCleck ofthe Governing Body, dol hereby certify that the abovei isat true and correct çopy ofan resolution passed and approved by the Governing Body of the Iensitayfom: on the_ 64K dayo of  (Title)  Febuary024 Date: 2.7-2004  Rev. 06/02  Rhipln    31  Tuesday, February 6, 2024 Minutes-City ofLenoir Council Meeting  CITY OF LENOIR RESOLUTION ADOPTING THE  DOWNTOWN MASTER PLAN FEATURING THE CAMPUS  WHEREAS, the City Council oft the City ofLenoir previously requested that al Downtown Master Plan featuring The Campus be prepared by the DLR Group, who engaged services from McGill Associates WHEREAS, during the process, the DLR Group conducted considerable community and stakeholder engagement sessions which were included in each of the following phases oft the plan: Phase 1: Project Initiation, Existing Conditions and Future Plan Analysis; Phase 2: Visioning and Initial Options Evaluation; Phase 3: Plan Development; Phase 4: Draft & Final Master Plan with Recommendations; WHEREAS, a draft Downtown Master Plan was prepared based on analysis, evaluation and extensive citizen input obtained by conducting Advisory and Steering Committee Meetings; Stakeholder interviews (up to 10, including focus groups); Goals and Objectives Surveys (inj person, online and bilingual); Numerous Community Meetings and Workshops held city-wide toj present existing conditions and determine initial goals and aspirations (SWOT Analysis); and the Development ofa WHEREAS, City Council and City staffr reviewed the Downtown Master Plan on. January 23, 2024, to confirm the Plan's consistency with all other City initiatives and future projects; and, WHEREAS, City Council, having thoroughly reviewed the draft Downtown Master Plan, has determined thati it isi in the public interest to approve this Downtown Master Plan for the City ofLenoir; NOW, THEREFORE, BE ITI RESOLVED that the 2024 Downtown Master Plan featuring The Campus, attached hereto as Exhibit" "A"and dated. January 2024, is hereby approved and adopted as the  and Design Local; ; and,  and,  micro-site for the project (bilingual); and  official Downtown Master Plan for the City ofLenoir. Adopted this 6* day of February 2024.  SEAL  Joseph) L. Gibbons, Mayor, City ofLenoir  ATTEST:  Bhaam-Lannen Shirley M. Capnon, City Clerk    32  Tuesday, February 20, 2024 Minutes-City ofLenoir Council Meeting  LENOIR CITY COUNCIL TUESDAY, FEBRUARY 20, 2024  6:00 P.M.  PRESENT:  Mayor. Joe Gibbons presiding. Councilmembers present were. Jonathan Beal, Ike Perkins, Todd Perdue, Ralph Prestwood, Kimmie Rogers, Mayor Pro-Tem David Stevens, City Manager Scott Hildebran, City Clerk Shirley Cannon and City Attorney Timothy Rohr.  ABSENT: CITY STAFF:  Councilmember Crissy Thomas.  In attendance was Finance Director Donna Bean, Fire ChiefNorman Staines, Deputy Fire Chief] Kenny Nelson, Police Chief Brent Phelps, Planning Director Hannah Williams, Public Services Director Radford Thomas, Public Utilities Operations Manager. Jeff Church, Public Works Operations Manager. Jon Hogan, Main Street and Economic Development Director Kaylynn Horn, Downtown Event Coordinator Matthew Anthony and Communications  Director Joshua Harris. CALL TOORDER  A. The meeting was opened by a moment ofs silence and the pledge of allegiance as led by  Mayor Gibbons.  CONDOLENCES; PAIGE COUNTS FAMILY:  B. On behalf of City Council, Mayor Gibbons extended condolences to the family of Paige Counts and asked everyone to keep this family in their thoughts and prayers as Mrs. Counts husband, Charles, passed away unexpectedly over the weekend. Mrs. Counts is the Public Ina addition, Mayor Gibbons also asked everyone to keep Lester Whittington, Manager, Martin Luther King, Jr. Center in their thoughts and prayers as he is recovering from  Information Officer for Caldwell County.  surgery.  SPECIAL RECOGNITION; RADFORD THOMAS, PUBLIC SERVICES DIRECTOR:  C.On behalf of City Council, Mayor Gibbons presented Public Services Director Radford Thomas with a framed key to the City including City coins and read a resolution in honor of his dedicated and outstanding service to the City ofl Lenoir. Director Thomas will retire from the City ofL Lenoir effective March 1,2 2024. A reception was held prior to the Council meeting where a number of! his colleagues and Staff congratulated him. A copy oft the resolution is hereby incorporated into these minutes by reference. (Referto Mayor Gibbons commended Director Thomas for his service to local government and the City yofLenoir and stated Radford has served the City very well. Radford has over 30+  page 36.)    33  Tuesday, February 20, 2024 Minutes-City ofLenoir Council Meeting  years ofservice in local government. Mayor Gibbons thanked Radford for alll he means to the City and to City Council and noted hei is considered: a friend to everyone. Director Thomas introduced his family members] present and stated the City ofI Lenoir is fortunate to have the City Council that it has. He pointed out Council supports Staff and provides the resources needed to do their jobs. Director Thomas briefly shared several oft the projects and equipment purchases he has been a part of during his tenure. He commended Staffand remarked the Public Utilities Department isi in good hands. Director Thomas stated  he was honored to serve.  II. MATTERS SCHEDULED FOR PUBLIC HEARINGS  III. CONSENT AGENDA ITEMS  A. Minutes: Approval oft the minutes oft the Committee oft the Whole meeting ofTuesday, B. Public Hearing Request; Ordinance. Amendments: Staff recommends City Council call for a public hearing to be held on Tuesday, March 5, 2024 to consider ordinance amendments relating to Chapter 9 (Flood Damage Prevention) oft the Lenoir Code of Ordinances. The Planning Board is not required by current law to review these changes, as this chapter does C.R Resolution ofI Intent; Lease of City Property: Approval ofa Resolution of Intent for the Lease ofCity Property for a Term of Ten Years to Bernhardt Transportation, LLC: and Authorizing Staff to Initiate Public Notices Requirements. The City Council is considering: a lease ofthe Property described on the Council Action Form (CAF) included in the agenda packet to Bernhardt Transportation, LLC upon the terms and conditions set forth herein and described in the attached lease and authorizes the City Manager or his Designee, to execute all instruments necessary for City Council consideration oft the lease. A copy oft the lease agreement and resolution of intent is hereby incorporated into these minutes by reference. D.Resolution; Radford Thomas: Approval oft the resolution in honor and recognition of Public Services Director Radford Thomas upon his retirement from the City ofl Lenoir effective Upon a motion by Mayor Pro-Tem Stevens, City Council voted 61 to 0 to adopt items (A through D) on the Consent Agenda as described above and as recommended by City  January 23, 2024 as submitted.  not change any of the zoning requirements for the City.  Refer to pages 37-46). March 1,2 2024.  Manager Hildebran.  IV. REQUESTS AND PETITIONS OF CITIZENS V. REPORTS OF BOARDS AND COMMISSIONS  VI. REPORT. AND! RECOMMENDATIONS OFTHE CITYMANAGER  A. Items ofInformation  BUDGET RETREAT:  1.City Council will conduct a Budget Retreat on Friday, February 23 at 8:00 a.m. at  the. J. E. Broyhill Civic Center, Room 215.    34  PLANNING BOARD:  2. The Planning Board will meet on Monday, February 26 at 5:30 p.m. at the City/County  Chambers.  COMMITTEE OF  THE WHOLE: 3.The Committee oft the Whole will meet on Tuesday, February 27 at 8:30 a.m. at City Hall, Third  Floor.  FOOTHILLS REGIONAL AIRPORT AUTHORITY:  4. The Foothills Regional Airport Authority will meet on Wednesday, February 28 at the airport  facility at noon.  BLACK HISTORY MONTH:  5. The month of] February is celebrated as Black History Month and Councilmember Crissy Thomas stated events are ongoing at the Martin Luther King, Jr. Center.  B. Items for Council Action  AUTHORZATION FOR PROPERTY PURCHASE:  1. Staff Recommendation: 1). Approval of purchase ofa 0.235748-acre lot NCPIN274963586, Parcel ID 06-13-3-21)! located on College Avenue for $5,100 (the current tax value). The church owns 9/10th of the parcel, with all heirs but one signing over their interest ini the lot. It is anticipated that the balance oft the parcel can be acquired for $1,000. 3). Approval of purchase of a 0.234321-acre lot (NCPIN 2749656730, Parcel ID 06-13-3-22) located on Spainhour Street for $5,100 (the current tax value). 3) Authorize the City Attorney and City Manager toj proceed with the executing of the necessary documents to satisfactorily acquire the parcels at aj purchase not to exceed $11,200. The City anticipates the properties will be used for public parking. A copy oft the Council Action Form with the background is hereby incorporated into these  minutes by reference, not a Resolution. (Refer to page 47.)  City Manager Hildebran stated College Avenue Baptist Church contacted the City about buying the parcels and reported the full congregation was in agreement to sell the property. He shared the parcels are adjacent to a track the City currently owns. Mr. Hildebran reminded Council that the need for additional parking is included in the Downtown Master Plan. He reported City Attorney Rohri is doing a title search and there should be around 50+ more parking spaces  with the purchase ofthe two lots.  Upon a motion by Councilmember Perdue, Council voted 61 to 01 to authorize City Manager Scott Hildebran and City Attorney Timothy Rohr to proceed with executing the necessary documents to satisfactorily acquire lots #1 and #2 as described above and as recommended by City  Manager Hildebran.  VII. REPORT AND RECOMMENDATIONS OF THE CITY ATTORNEY VIII. REPORT AND RECOMMENDATIONS OF THE MAYOR    35  Tuesday, February 20, 2024 Minutes-City ofLenoir Council Meeting ESSENTIALS OF MUNICIPAL  GOVERNMENT: A. Mayor Gibbons thanked all oft the City Councilmembers that attended the Essentials of  Municipal Government course in Asheville.  CONGRATULATIONS:  TODD PERDUE: B. On behalfofCity Council, Mayor Gibbons congratulated Councilmember Todd Perdue upon  being appointed to serve on the NCLM's Risk Management Services (RMS) Board of  Trustees.  CONGRATULATIONS; JONATHAN BEAL:  C.On behalf ofCity Council, Mayor Gibbons congratulated Councilmember Jonathan Beal upon successfully completing the Advanced Leadership Training course at the UNC School  of Government in Chapel Hill, NC.  IX. REPORT AND RECOMMENDATIONS OF COUNCILMEMBERS  X. ADJOURNMENT  A. There being no further business, the meeting was adjourned at 6:24 p.m.  Shirley M. Cannon, City Clerk  Joseph L. Gibbons, Mayor    36  Tuesday, February 20, 2024 Minutes-City ofLenoir Council Meeting  CIVYANNAGER SCOTTEHLDEBRA  MVOR JOSEPHL. GIBBONS CIYCOURCIL J.7.0EAL TH.PERDUE J.LPERKINS RS.PRESTWOOD K.A.ROGERS D.ESTEVENS  CITY OFLENOIR NORTH CAROLINA  Resolution Honoring Radford L. Thomas G.D.THOMAS  WHEREAS, Radford Thomas began serving as the Public Utilities Director for the City of Lenoir on August 8, 2011, where he oversaw operations oft the City's water and wastewater systems, and he was promoted to Public Services Director in July 2022, where he was responsible for managing the City'sPublic Utilities and Public Works WHEREAS, Radford, a graduate and proud supporter of Appalachian State University, previously served as Manager for several North Carolina towns including Denton, Scotland Neck, Newton, Eden, and Marshville, as WHEREAS, in addition to his duties with Lenoir, Radford also served as a member oft the International City/County! Management. Association (ICMA) and North Carolina City/County Management Association, asaCity representative to the Catawba Wateree Water Management Group, and member on the City ofLenoir's Customer Service' Team, and obtained certifications in water distribution and wastewater collections, graduated from the UNC School ofC Government Public Executive Leadership Academy (PELA) in 2012, and completed WHEREAS, in 2015, Radford: spent two weeks in Timor Leste (East Timor) representing the City ofLenoir and ICMA as part of an exchange and fellowship program sponsored by the US State Department and ICMA; and WHEREAS, during his tenure as Department Director, Radford oversaw many projects and improvements to the City's water and wastewater systems including renovations to the Gunpowder Creek and Lower Creek wastewater treatment plants; replacement of more than 20,000 feet ofs sewer line; improvements to the George L. Bemhardt, Sr., Lake Rhodhiss Water Treatment Plant including two new filters, a new chemical storage building, and a mechanical pre-treatment unit; implemented the Advanced! Metering Infrastructure (AMI) project; began planning for the Lenoir/Valdese Water Interconnection project and Finley Area Water System Improvements; and oversaw WHEREAS, Radford Thomas has announced his retirement effective! March 1, 2024, with more than 36) years of public service, including 26 years in local government, to the citizens ofLenoir and North Carolina. NOW THEREFORE BEI IT RESOLVED, that] I, Joseph L. Gibbons, Mayor, on behalfoft the City ofLenoir Council and all the citizens, do hereby congratulate Radford on his retirement and commend him for the example BEI ITFURTHER RESOLVED, that Council and Iextend our sincere appreciation and deep gratitude for his  Departments; and  well as managing two nonprofits; and  ICMA's Gettysburg Leadership Institute in 2014; and  the EPA Brownfields program for the City; and  hel has set as a dedicated public servant; and  faithful and outstanding service and many contributions to the betterment of our City.  THIS, the 20" day ofl February 2024.  SEAL Lenoir, bd  Mayor  a Lencir  L  POST OFFICE BOX 958 LENOIR, NORTHI CAROLINA 23645-0958 a (828) 757-2200    37  Tuesday, February 20, 2024 Minutes-City ofLenoir Council Meeting  Prepared by: Wilson, Lackey, Rohr & Hall, P.C. STATE OF NORTH CAROLINA COUNTY OF CALDWELL  LEASE AGREEMENT  This Lease Agreement, made and entered into this  day of_  2024, by and between CITY OF LENOIR, al North Carolina municipal corporation of Caldwell County, North Carolina, (hereinafter called' "Lessor"), and RARDTTRASPORATON LLC, al North Carolina limited liability company, with its principal office located in Lenoir,  Caldwell County, North Carolina, (hereinafter called "Lessee");  1. Demise ofl Premises. Lessor leases untol Lessee the real property and the building and all improvements located thereon (hereinafter called "Premises") which is located in the City ofLenoir, Caldwell County, North Carolina, subject to thel Reservations set forth herein, and  described more particularly as follows:  Aportion of the improvements and lands described in Book 1094, atl Page 1690, and located northwest of the Public Works/Public Utilities Office Building and including the paved parking areas, the truck garage and wash bay and the rear parking area, but excluding the oil containment building. The leased areai is shown as the white dotted area on the attached' "Proposed New Facilityl Map Bernhardt Lease City ofLenoir," incorporated herein by reference and referred to hereafter as "ExhibitA." Lessor will use the Premises for maintenance oftrucks, trailers, and equipment necessary fori its 2. Term ofLease. The term oft this Lease is from January 1, 2025 until December 31, 2034. Ifeither party requests, the parties will execute a short-form Memorandum ofLease in recordable form containing such matters as the parties may agree upon but including ata  fleet operations and for no other purpose.  minimum the commencement: and expiration dates.  A. As an inducement forl Lessor to enteri into this Lease, Lessee agrees to build at its sole expense (a) a 20'x30' salt shed on the Premises and (b)a 50'x80' trash truck: shed on thel Lessor's adjacent property, each of which is shown on ExhibitA. Lessor and Lessee agree that the total cost ofs such construction will be at least $125,000 and need not exceed $140,000. The minimum specifications for each shed are shown on the attached Exhibit B. Prior to construction Lessee will provide the plans for the construction of the two structures to Lessor fori its approval. Subject to any delay caused by force majeure, Lessee is to begin construction on the two structures within 61 months ofLessee's execution of this lease. The two structures will be the Lessor's property. B. This lease is subject to certain Reservations by Lessor as set forth below: and equipment in the truck garage and wash bay on' Wednesday ofe each week or at  i.  Lessor retains the exclusive right and option to use the wash bay    38  Tuesday, February 20, 2024 Minutes-City ofLenoir Council Meeting  other times as the parties may agree. Lessee agrees to noti interfere with Lessor's use oft the truck garage and wash bay premises on Wednesdays. Lessor staff will exercise due care and diligence in the use oft the wash bay and equipment int the truck garage. Lessee will have no. liability with respect tol Lessor's or its agents', representatives, or employees'usage) pursuant to this paragraph excepti in the event oft the gross negligence or willful misconduct ofLessor, its agents, ii. Lessor retains the right to have secure storage of new rollout garbage carts on the demised premises. Such secure storage must bei inside as standard storage trailer at least 48 feet long (rather than the 40'x 20" dimensions shown on Exhibit A) whichl Lessee will provide tol Lessor at no cost to Lessor and which will bel Lessor'sproperty,] Lessee will putt the storage trailer in place within 60 days ofLessee's execution of this lease. Lessorstaffwill exercise due care and diligence in the use of the storage trailer. Lessee will have no liability with respect to Lessor's or its agents', representatives, or employees' usage pursuant to this paragraph except in the event oft the gross negligence or willful misconduct ofl Lessor, its agents, representatives or employees. 3. Rentals. Lessee will pay rent tol Lessor of $1,500.00 per month. Rent is due and Ina addition, Lessee will carry at its own expense policies ofproperty insurance with extended coverage insuring Lessee's personal property located on the premises against loss or damage to its furnishings, fixtures, inventory, equipment and other property situated or placed upon, in or 4. Acceptance of Premises. Lessee acknowledges that the act oft taking possession of thej premises constitutes acceptance thereofand conclusive evidencet that Lessee has inspected and examined the entire premises and utility installations and that the same were, and are, in  representatives or employees.  payable in advance on the first day ofeach month.  about the Premises with companies andi in amounts acceptable to itself.  good and satisfactory condition, and Lessee accepts the same "as is".  5. Assignment or Subletting. Lessee does not have the right to assign the Lease or to sublet the Premises in whole or in part without the prior written consent ofLessor. As Lessee is an entity, the passage of control ofl Lessee to parties other than those who presently control Lessee as of the date oft this Agreement constitutes an assignment of this Lease.  6. Compliance with Legal Requirements. Both parties will comply with all the legal requirements of any governmental or quasi-governmental body including City, County, State or Federal boards having. jurisdiction thereof, respecting any operation conducted or any equipment, installations or other property plaçed upon, in or about the Premises. Both parties will neither create nor permit the creation of any nuisance upon, in or about the Premises, and neither will  not make any offensive use thereof.    39  Tuesday, February 20, 2024 Minutes-City ofLenoir Council Meeting  7. Utilities. Lessee will pay for all water and sewer services consumed or usedon the Premises. Lessor will pay fore electricity and gas service to the premises. The lack of availability or failure ofutility service will not be deemed constructive eviction.  8. Additions, Alterations, Changes and Improvements. Lessee will not make nor have the right to make any alterations, changes, or improvements, structural or otherwise, inc orto the Premises without! Lessor's prior written consent. Ifsuch consent is given, Lessee will make all such alterations, changes and improvements in a workman-like manner, will promptly pay for them, and will not allow any liens to attach either to thel Premises or to Lessor'si interest therein, and they become the property ofLessor. Lessor may require Lessee to provide such assurances as Lessor reasonably requires (such as bonds, escrows, etc.) to protect Lessor against unpaid-for 9. Repairs. Lessor is not responsible for making any repairs including structural repairs and repairs ofa capital nature to the exterior walls and to the roof.. Lessee at its own expense will keep and maintain all thej premises and allj parts and systems thereofi including all repairs to windows and/or plate glass, and all utility installations and equipment (including repairs ofa capital nature), in good maintenance, replacement and repair, properly painted and decorated. Lessee will ensure that all repairs will be performed in aj prompt, workman-like manner, will promptly pay for them, and will not allow any liens to attach either to the Premises ort to Lessor'si interest therein. Other than as specifically stated herein, Lessor has no obligation to make any repairs. For the avoidance of doubt, Lessee will have no repair or maintenance obligations with respect to the 50'x80' trash truck shed or storage trailer described on Exhibit tA  work.  following acceptance thereof by Lessor.  10. Safe and Sanitary Conditions. Lessee will not) permit, allow, or cause any act or deed to be performed upon, in or about the premises which will cause or be likely to cause injury to any person or to the Premises, the building or improvements located thereon, or to any adjoining property. Lessee will at all times keep the premises in a neat and orderly condition and the premises and the entryways, parking areas, sidewalks, and delivery areas adjoining the premises clean and free from rubbish, dirt, snow, standing water, and ice.  11. Trade Fixtures. Lessee is permitted to install trade fixtures on the premises. In addition, Lessee is permitted to remove said trade fixtures installed during the term ofthis lease from the premises upon the termination of this Lease Agreement; provided that ifLessee does remove its trade fixtures, it will return the Premises to the same condition as existed at the time oft the original entry, ordinary wear and tear excepted. This provision is noti intended to allow Lessee to remove approved structural improvements by Lessee to the Premises. All such improvements belong to Lessor at the termination of the lease and are not to be removed or damaged by Lessee's removal ofits trade fixtures. If Lessee does not remove the trade fixtures at termination, Lessor has the option either to declare such fixtures abandoned, at which point they become the Lessor's property, or to demand that Lessee remove the same at its expense,  returning the Premises to the condition required herein.  12. Lessor Not Liable for Damages or Injuries. Lessor is not responsible tol Lessee or any other person, firm, partnership, association, or corporation for damages or injuries by virtue    40  Tuesday, February 20, 2024 Minutes-City ofLenoir Council Meeting  ofo or arising out of burst water pipes, leaks from sprinkler or air conditioning systems, leaks from ther roof, or by virtue of earthquakes, riots, windstorms, overflow ofwater from surface drainage, rains, water, fire or by the elements or acts ofGod, or by the neglect of any person, firm, partnership, association or corporation. Lessee will indemnify and hold Lessor harmless from any and all claims for damages toj person or property to the full extent permitted by law except to the extent caused by the gross negligence or willful misconduct ofLessor, its agents,  representatives or employees.  13.. Indemnification and Insurance. To the extent permitted by) North Carolina law, each party will indemnify and hold the other party harmless from the claims of any and all persons, firms, partnerships, associations, or corporations for personal injury and damage to property arising out of or in connection with the party's use and occupancy ofthe Premises. In addition, Lessee must and will carry public liability insurance in the minimum amount of $1,000,000.001 bodily injury per occurrence, and $500,000.00 property damage per occurrence. Lessee will deliver annually to Lessor a memoranda of thej policy ofs such coverage witha companysatisfactory tol Lessor and which names Lessor as additional insured therein. 14. Fire or Casualty. If, during the term of this lease, the Premises are partially destroyed by fire or other casualty, Lessee has the right to terminate this Lease. Agreement. If Lessee does note exercise this option, Lessor may ini its sole discretion effect the required repairs and reconstruction oft the Premises. IfLessor elects to make the repairs or reconstruction, during such time as said repairs or reconstruction are being made, the rentals hereinabove provided will not abate. Any other provisions contained herein notwithstanding, Lessor is required and obligated to effect repairs or reconstruction only to the extent of any sums of money, ifa any, which Lessor receives under insurance coverage as a direct result ofsaid fire or other casualty. 15. Waiver of Subrogation. Neither Lessee nor anyone claiming by, through, under, or onI Lessee's behalf may have any claim, right of action, or right of subrogation against Lessor based upon any loss caused by fire, explosion or any other casualty (not limited to the foregoing) relating to the premises or any property upon, in or about the Premises, whether such fire, explosion or casualty arises from the negligence ofLessor, its agents, representativesor  employees, or otherwise.  16. Subordination to Mortgages. This Lease. Agreement and the rights ofLesseeare subordinate to and will bes subordinate to the lien ofany mortgage or deed oftrust (hereafter called "Mortgage") whether such Mortgage is a lien on thel Premises or hereafter becomes a lien on the Premises and no further agreements or documents are to be required to render this Lease and Lessee's rights subordinate to such Mortgage. Lessee will at allt times upon request ofLessor promptly furnish documents stating that this lease is in full force and effect, that no defaults of Lessor exist, and such other matters as are customarily contained in what is known as an "estoppel letter"or a "good-standing letter". Should Lessee fail to deliver such documents within 10 daysofLessor'srequest therefor, Lessor may be deemed Lessesatomey-n-lact for the  purpose of executing such documents in the name ofLessee.  17. Inspection. Lessor has the right at all reasonable times to enter and inspect the  Premises.    41  Tuesday, February 20, 2024 Minutes-City ofLenoir Council Meeting  18. Condition ofl Premises Upon Termination. Upon the termination oft this Lease Agreement, Lessee will return the Premises to Lessor substantially in the same condition as when received, ordinary wear and tear and approved improvements excepted.  19. Holding Over. In the event Lessee remains in possession after the expiration of the' Term without the execution ofar new lease, Lessee will not acquire any right, title, or interest in or to the Premises. In such event, Lessee will occupy the Premises as a tenant from month-to- month and will otherwise be subject to all oft the conditions, provisions and obligations ofthis  Lease agreement insofar as the same is applicable.  20. Default. Each oft thei following events constitutes a default or breach ofthisl lease  by Lessee:  A. The filing ofaj petition in bankruptcy or insolvency or forreorganization under any bankruptcy act or the making of general assignment for the benefit ofcreditors. B. Involuntary proceedings under any bankruptcy or insolvency acti instituted against Lessee, ori ifareceiver or trustee is appointed for all or substantially: all ofthe property ofLessee and such proceedings are not dismissed, or the receivership or trusteeship vacated within 10 days after the institution or appointment;  C. Failure to pay rent when the same becomes due and a continuing failure to pay rent for IO days after notice thereof from Lessor tol Lessee. For these purposes, all funds due from Lessee constitute rental whether denominated as rental or otherwise  elsewhere herein;  D. IfLessee fails to fully perform and comply with each and every condition and covenant oft this Lease. Agreement, and such failure ofperformance continues fora  period of 30 days after notice thereof;  E. IfLessee vacates or abandons the Premises  F. Ift thei interest ofLesseei is transferred, levied upon, or assigned to any other person, firm, or corporation whether voluntary ori involuntary except as herein 21. Remedies Inl Event of Default. In the event of any default hereunder as set forth in the foregoing section, Lessor is entitled to re-enter and re-take the Premises and exercise alli its 22. Breach. Upon any breach hereof, regardless of what such breach is or ifs such breach becomes an "event of default,"either party is to be reimbursed by the other party for any  permitted;  rights under the laws oft the State ofNorth Carolina.  reasonable attorney's fees incurredi in connection with such breach.    42  Tuesday, February 20,2 2024 Minutes-City ofLenoir Council Meeting  23. Waiver. No failure to exercise any rights hereunder to which Lessor is entitled will be deemed a waiver of the right to subsequently exercise same. Lessee will gain no rights nor become vested with any right to remain in default under the terms hereofby virtue of Lessor's failure tot timelyassertrights. No waiver of an acceleration ofr rentals, regardless ofhow often occurring, whichLessor chooses to ignore byt thereafter accepting rental or other performance byLessee will constitute a waiver of the right to thereafter accelerate rentals. 24. Law/Applicable. This Lease is enteredi into inl North Carolina and is tol be 25. Severability. Thej provisions hereof are independent covenants and should any provision or provisions contained in thisl Lease be declared by a court or other tribunal of competent jurisdiction to be void, unenforceable or illegal, then such provision or provisions are severable and the remaining provisions remain at Lessor's option to bei in full force and effect. 26. Easements, Restrictions and Right of Way. Lessor rents the Premises subject to all 27. Binding Effect and Complete Terms. The terms, covenants, conditions and agreements herein contained are binding upon and inure to the benefit of and may be enforceable by the parties and their respective heirs, successors, and assigns. All negotiations and agreements ofLessor and Lessee are merged herein. No modification hereof or other purported agreement of the parties is enforceable unless the same is in writing and signed by thej parties. 28. Rental Payments.. All rental payments, unless otherwise designated. in writing, are to be made to Lessor at such place as Lessor may from time to time designate in writing. 29. Lessor's Performance ofLessee's Covenants. Should Lessee, after seven days' notice from the Lessor, fail to do any oft the things required to be done by it under the provisions ofthis Lease, Lessor, in addition to any and all other rights and remedies, may (but is not required to) do the same or cause the same to be done, and the amount of any money expended by Lessor in connection therewith constitutes additional rental due from Lessee to Lessor payable as rental on the next date for payment ofrentals following the expenditure.  construed under the laws, statutes, and ordinances of such jurisdiction.  easements, restrictions, and right ofway legally affecting the Premises.  30. Covenant ofTitle and Quiet Enjoyment. Lessor covenants and warrants to. Lessee that it has full right and lawful authority to enter into this Lease for the term hereof and provided Lessee is not in default hereunder, and no one claiming through Lessor will disturb Lessee's 31. Construction. This Lease Agreement is not to be construed more strictly against either party regardless of which party ist responsible for the preparation oft the same. 32. Notice. Any notice to aj party to this lease is to be given at the following address:  quiet andj peaceable enjoyment oft the Premises.    43  Tuesday, February 20, 2024 Minutes-City ofLenoir Council Meeting  Lessor: City ofLenoir Attn: City Manager Post Office Box 958 Lenoir, North Carolina 28645 AKbrAIQCLLENORNCUS BernhardtT Transportation, LLC Attn: Kevin McDougall, General Counsel 1839 Morganton Blvd. Lenoir, North Carolina 28645 kevinmedongalldll@bemhard.com  Lessee:  IN WITNESS WHEREOF, the parties have signed and sealed this Lease Agreement, this day and  year first above written. LESSOR: CITY OF LENOIR,  (SEAL)  al North Carolina municipal corporation  By: Scott Hildebran, Manager LESSEE:  BERNHARDTTRANSPORTATION, LLC (SEAL)  By: Title:    Proposed New Facility Map Bernhardt Lease City of Lenoir  Legend Notk leasedhyB Bemnherd LeasedbyB Bernharde CityofLenolr Parcete  Storage Area  Truck Garage WashBay, LeasedbyBemhardt  Storage Area Rear Parking Area  Public Works  Q2  Proposed Trashl Trucks Shed 50'x80'  Parking Area    45  Tuesday, February 20, 2024 Minutes-City ofLenoir Council Meeting  Exhibit B  Salt Shed: (Approx. 20'x30') Wood Pole and RoofFraming construction Sloped Flat Roof 7/16" OSB RoofMaterials High Temp Ice & Water Shield Galvalume Roofing and Trim Materials  o o a o o  Exterior Aluminum Siding Materials on (3) sides for weatherproofing (9)72"x24"x24" Concrete Blocks along back wall for scooping salt  Trash Truck Shed: (Approx. 50'x80") Steel Pole and' Truss construction 7/16" OSBI RoofMaterials High Temp Ice & Water Shield Galvalume Roofing and Trim Materials Concrete and/or asphalt floors Lighting and/or Power Circuits Site Grading Gutters and/or downspouts  @  Exclusions: > o    46  Tuesday, February 20, 2024 Minutes-City ofLenoir Council Meeting  RESOLUTION OF INTENT TO. AUTHORIZE THE LEASE OF Al PORTION OF PROPERTY LOCATED AT510 GREER. PLACES SW (DESCRIBED INI BOOK 1094, AT  PAGE 1690) TO BERNHARDTTRANSPORTATION, LLC  WHEREAS, the City ofLenoir ("City") owns at tract ofl land, approximately 7.89 acres, with various structures, warehouses and buildings located at 510 Greer Place SW in Lenoir (the WHEREAS, Bernhardt Transportation, LLC, al North Carolina corporation, has leased a portion oft the Property for over the past 30 years on an annual basis, and desires to continue its leasing ofaportion of the Property for aj parking area, a truck garage, a wash bay, and related uses; and WHEREAS, North Carolina General Statute $160A-272 gives the City the right and option to lease the Property upon such terms and conditions as it determines provided it also determines the Property will not be needed fort the term oft the lease and upon resolution adopted at a regular WHEREAS, the proposed lease would be fora a 10-year term, commencing on. January 1, 2025, at WHEREAS, the City will not otherwise need thel Property during thej proposed term; and WHEREAS, in consideration ofleasing the Property, Bernhardt Transportation, LLCI has agreed to lease the property for the aforementioned purpose and pay water ands sewer expenses incurred, NOW THEREFORE, BE ITI RESOLVED by the City Council for the City ofLenoir that it hereby authorizes the necessary publication oft the 30-day lease notice of the above referenced Property as follows: The City Council is considering al lease of the Property described above to Bernhardt Transportation, LLC upon the terms and conditions set forth herein and described in the attached lease, and authorizes the City Manager, or his Designee, to execute all instruments  "Property";and  council meeting following thirty 30 days' public notice; and arental rate of$1,500 per month and ending December 31, 2034; and  and the conditions outlined int the attached lease ofthe Property; and  necessary for City Council consideration oft the lease. Adopted this 20th day ofl February, 2024.  Joseph L. Gibbons, Mayor  Shirley M. Cannon, City Clerk    47  Tuesday, February: 20, 2024. Minutes-City ofLenoir Council Meeting  CITY OF LENOIR COUNCIL ACTION FORM  I.  Agenda Item: Authorize the City Attorney and City Manager to proceed with executing the necessary documents to satisfactorily acquire: #l-a0.235748-acre lot (NCPIN2749655863, Parcel D 06- 13-3-21) located on College Avenue from College Avenue Baptist Church. The church owns 9/10th ofthe parcel, with alll heirs but one signing over their interest in the lot. Iti is anticipated that #2-a0.23432l-acre lot (NCPIN 2749656730, Parcel ID 06- 13-3-22) located on  the balance oft the parcel can be acquired for $1,000. Spainhour Street from College Avenue Baptist Church, and atatotal purchase price for both parcels will not exceed $11,200.  II. Background Information: The City owns a 0.457019-acre tract adjacent to theset two parcels located along College Avenue. All oft these tracts are located across the street from Mack Cook Stadium and can provide land for future public off-street parking, as recommended in the recently adopted Lenoir Downtown Master Plan. College Avenue Baptist Church owns a 0.234321-acre lot (NCPIN: 2749656730, Parcel ID 06- 13-3-22) located on Spainhour Street. The Church also owns a 9/10th interest in 0.235748-acre Iot (NCPIN 2749655863, Parcel ID 06- 13-3-21) located on College Avenue, with all heirs but one signing over their interest in the lot. A tentative agreement has been reached with College Avenue Baptist Church to purchase both parcels for $10,200, their current tax value, subject to the approval of City Council. Iti is anticipated that the balance of the College. Avenue parcel from an  heir can be acquired for $1,000.  The total purchase price for both lots will not exceed $11,200. A tax map of all the tracts are enclosed for your information.  MI. StaffRecommendation: 1) Approval of purchase ofa0.235748-acre lot (NCPIN 2749655863, Parcel ID 06- 13-3-21) located on College. Avenue for $5,100 (the current tax value). The church owns 9/10th oft the parcel, with all heirs but one: signing over their interest in the lot. It is anticipated that the balance ofthe parcel can be acquired for $1,000. 2). Approval of purchase ofa 0.234321-acre lot (NCPIN 2749656730, Parcel ID 06- 13-3-22) located on Spainhour Street for $5,100 (the current tax value). 3) Authorize the City. Attorney and City Manager to proceed with the executing the necessary documents to satisfactorily acquire the parcels at a purchase price not to exceed $11,200. The City anticipates the properties will be used  for public parking. IV. Reviewed By: City Attorney: City Manager:    48  NOTICE OF PUBLIC MEETING CITY OF LENOIR  Notice is hereby given that the Cityo of Lenoir and the Unifour HOME Consortium willholdap public meeting tor receive public input and comments concerning thej proposed FY-2024 Action Planc ofthe City ofLenoira and the Unifour HOME Consortium as part oft the five year Consolidated Plan. This plan, as required by the U.S. Department of Housing and Urban Development (DHUD), outlines goals and action plans of the City of Lenoir and the Unifour HOME Consortium and its use of Community Development Block Grant (CDBG) and HOME: funds for fiscal year 2024, beginning The public meeting will be held on Tuesday, March 05, 2024 at 6:00pm before the Lenoir City Council in the City/County Chambers on the bottom floor ofthe Caldwell County Office building Asummaryo ofthe proposed Action Plan is available forj publici review at thel Lenoir City Hall. There willl be a 30-day comment period beginning February y22,2024, to obtain citizen input before the plan The City ofLenoir has received entitlement status byl HUD and receives CDBG funds for carrying out community development activities as described int the Consolidated Plan. The Unifourl HOME Consortium is comprisedof28 member local governments located within and including. Alexander, Burke, Caldwell and Catawba Counties. The City of Lenoir serves as Lead Entity for this Consortium. The Unifour Consortium has received entitlement status by HUD, and will receive HOME funds to carrying out affordable housing activities as described in the Consolidated Plan. This meetingi is open toi thej public. Any person with ac disability needing special accommodations. or non-English speakingi persons needing translation: services should contact the CityofLenoir: at least 481 hours priort to the meeting. Formorei information, contact Rick Oxford at the Western Piedmont Council of Governments at (828) 322-9191 extension 245, or 1-(800) 735-2962 TDD.  July 1, 2024 and ending June 30, 2025.  located at 905 West Avenue, Lenoir, NC.  can be submitted to HUD for approval.  PUBLISH: February 22, 2024  Please run this ad on Thursday, February 22, 2024 Please run one time only Use Small Block Ad Use HUD and Fair Housing, EEO logos Affidavit Required Send Bill & Affidavit to: Attention: Rick Oxford  Unifour HOME Program 1880 2nd Avenue NW Hickory, NC 28601  Ifyou need further information contact Rick Oxford at (828)514-9191.