ROCKINGHAM A CITY LOOKING FORWARD CITY COUNCIL AGENDA April 13, 2021 6:30 p.m.  1. Opening of meeting by Mayor Steve Morris. 2. Invocation by Mayor Steve Morris.  3.  Amendments and Changes to Agenda.  4. Consent Agenda:  A.  Disposition of Minutes of the March 9, 2021 Regular Meeting.  B. Tax Collector's Report. (See Pages 4-9)  Informational Items: 1.) Monthly Collection Report  2.) Uncollected Taxes as of March 31, 2021. 1.) Refunds per County Assessor's Office. 2.) Discovery bills added to Tax Scroll. 3.) Releases per County Assessor's Office.  Action Items:  5. Business by Planning Board.  A. Set Public Hearing: Set public hearing for a request to rezone approximately 4.8 acres located at 195 and 201 US Highway 74 Business West and identified as Richmond County PIN 7463-03-44-3216, 7463-03- 44-2337, and 7463-03-34-8330 from Residential Mill Village (R-7A) and  Highway Business (B-3) to Light Industrial (I-1). (See Pages 10-11 & map inserts) B. Hold Public Hearing: (None)  C. Minutes from Various Boards : (enclosed separately)  1  514 Rockingham Road, Rockingham, NC 28379 . Phone (910) 895 9088 Fax (910) 997 6617 www.goroctingham.com    City Council Agenda April 13, 2021 Page 2  6.  Consideration of Approval of Audit Contract for Fiscal Year End June 30, 2021 with Anderson Smith & Wike, PLLC (Contract included separately Discussion and Consideration of Approval of Tolling Agreement.  in packet).  7.  (See Pages 12-14) 8. Business by' Visitors. 9. Business by City Clerk. 10. Business by City Manager. 11. Business by City Attorney. 13. Business by Mayor 14. Adjournment.  12. Items of discussion by City Council Members.  2    Rockingham, NC  City Council Agenda  SUPPORT DOCUMENTS  3    3  o  N 2 9 3 o  4    UNCOLLECTED TAXES  YEAR 2020 2019 2018 2017 2016 2015 2014 2013 2012 2011 2010  AMOUNT 76,195.28 10,609.04 9,103.14 8,209.42 6,863.06 7,103.13 7,258.41 8,676.74 6,299.31 5,870.15 5,163.08  Mar-21  76,195.28 75,155.48 151,350.76  Total Current Year Total Past Years Total All Years  5    3 8 0 a  3  6    3  0 0 8  a 3  8 9 B  o  5  9 3 a H  3  / A    0  N -  8 8 888 8 8 8 8  V  2  8    8  8 0 6 7  i 7 6 2  8 4  E  9    Staff Report to Planning and Zoning Board  Agenda: Item: IV.A April 6, 2021 Issue:  Rezoning Request: Hudson Paving, Inc. has submitted a request to rezone approximately 4.8 acres located at 195 and 201 US Highway 74 Business West and identified as Richmond County PIN 7463-03- 44-3216, 7463-03-44-2337, and 7463-03-34-8330 from Residential Mill Village (R-7A) and Highway  Business (B-3) to Light Industrial (I-1).  Background:  On March 24, 2021, Hudson Paving, Inc. submitted a request to rezone approximately 4.8 acres (three parcels) located at 195 and 201 US Highway 74 Business West from Residential Mill Village (R-7A) and Highway Business (B-3) to Light Industrial (I-1). Two of the three parcels are currently vacant and zoned R-7A). The third parçel is zoned B-3 and includes a commercial building and single-wide mobile home, which are intended for demolition by the applicant. The applicant intends to expand their business As set forth in Section 3.01 of the UDO, the Residential Mill Village (R-7A) zone is generally intended to be applied to the existing mill village areas and is intended to accommodate the historic development patterns created in the mill village areas and thereby minimize the creation of nonconforming situations while still maintaining quiet, livable neighborhoods. The Highway Business (B-3) zone is generally intended to accommodate and provide for the development of a variety of commercial activities where municipal services are available or anticipated. The Light Industrial (I-1) zoning district is generally intended to accommodate and provide areas for wholesale activities, industrial research, warehousing  operations to the subject properties.  and light manufacturing operations. Staff Comments:  1. Az zoning map and an aerial map illustrating the location of the subject property is included in the 2. There is some overlap in the uses allowed in the I-1 zone and B-3 zone. The applicant's current use (Hudson Paving office and equipment yard) is allowed as a permitted use in both the I-1 and B-3 zone. The lot zoned B-3 is requested to be rezoned for consistency since the applicant's current 3. It should be noted the applicant also owns two lots fronting on Barrett Street (also zoned R-7A)  agenda packet for the Board's reference.  facility is zoned I-1.  adjacent to the landlocked lot includedi int the rezoning request.  Plan Consistency Statement:  The requested rezoning is not consistent with the future land use map set forth in Shaping Our Future: 2023. The two lots with frontage on US Highway 74 Business West were identified on the future land use map as an area to encourage commercial development. The landlocked lot was identified as an area toe encourage higher density residential development. However, one objective set forth under Goal 1 in the plan is to "ensure adequate amounts of land in desirable locations for commercial and industrial development with access to water and sewer infrastructure and appropriate zoning exist in the community. While the request may not be exactly consistent with the future land use map, approval of the request is consistent with a stated objective in the plan and would allow an existing business the  10    opportunity to grow and expand if approved. Its should be noted that as set forth in NCGS 160D-6-4(d), inconsistency with the comprehensive plan shall not preclude consideration or approval by the governing Statement of Reasonableness: Each of the three parcels included in the rezoning request are adjacent to existing Light Industrial (I-1) zoning, sO the request does not constitute spot zoning. It seems unlikely that the two tracts currently zoned R-7A would be desirable for any type of residential development considering the adjacent nonresidential uses, residential growth patterns in the community, the frontage of two lots on a major US highway, and one lot being landlocked. Thus, in the opinion of  Board.  City staff, the request is reasonable. Staff Recommendation:  City staff recommends the Board review the proposed rezoning request. and recommend the City Council  rezone the property as requested by the applicant.  Planning Board Recommendation:  The Planning Board reviewed the requested rezoning on April 6, 2021 and recommended unanimously  that the City Council rezone the property as requested.  11    SubjectProperty AE (Floodplain) SHADEDX X(Floodplain) Street! Names Address Data CityLimits PropertyLines WatershedC Critical Area WatershedB Balance TNCO THCO B-1( (NeighborhoodB Business) B-2( (CentralB Business) B-3(Highway! Business) 1(Lightl Industrial) I-2( (Heavy! Industiral). 0-(Olceinstuional) 0-S (Open Space) R-20(RuralF Residential) R-12( (Low DensityF Residential) R-9(Moderate! DensityF Residentia R-8 (Residential Duplex). R-7/Higho DensityF Residential) R-7A(Residentiall MillV Vilage). 10  Hudson Paving Rezoning Request  Scale: 1"=200' AEFW (Floodway)  ROCKINGHAM Residential Mill Village (R-7A) and Highway Business (B-3)  A CITY LOOKING FORWARD  toL Light Industrial (I-1)  CEDARST  CAEREIST  R-7A  B-3  SubjectProperty  AURELST  AILLRO ATES  0-s    Hudson Paving Rezoning Request  Scale: 1"=200'  a as SubjectProperty AE( (Floodplain) AEFW SHADEDX X(Floodplain) (Floodway) StreetN Names Address Data Propertyl Lines CityLimits Watersh Critical Area eWatershedE Balance TNCO  ROCKINGHAM Residential Mill Village (R-7A) and Highway Business (B-3)  4 CITY  FORWARD  tol Light Industrial (I-1)  CEDARST  EARREIIST  Subject Property  TAUREUST  f    STATE OF NORTH CAROLINA COUNTY OF RICHMOND  TOLLING AGREEMENT  THIS TOLLING AGREBMENT (the "Agreement"), is made effective as ofthis 11th day of March, 2021, by and between the City of Hamlet, a North Carolina municipal corporation ("Hamlet"); the City of Rockingham, a North Carolina municipal corporation ("Rockingham"); and Richmond County, aj political subdivision ofthe State ofNorth Carolina (the "County"), all of  which are collectively referred to herein as the "Parties.";  WITNESSETH  WHEREAS, in 2015H Hamlet entered into an Interlocal Agreement with the County fort the consolidation of public safety dispatch and 911services and for the creation ofajoint emergency  management agency; and  WHEREAS, in 2015 Rockingham: also entered into an Interlocal Agreement with the County for the consolidation of public safèty dispatch and 911 services and for the creation ofa  joint emergency management agency; and  WHEREAS, in 2020 a disputé arose between the Parties as to the terms and interpretation of the 2015 Interlocals Agreements. Hamlet and Rockingham have alleged, among other things, that the County breached the 2015 Interlocal Agreements, which the County denies; and  WHEREAS, Hamlet and Rockingham have alleged that the breach occurred on April 6, 2020 when the Richmond County. Board of Commissioners voted to change the method of sales  tax distribution in Richmond County from per capita to ad valorem; and A  WHEREAS, on March 11, 2021 the Parties participated in a mediation in a good-faith attempt to resolve the issues pertaining to 2015 Interlocal Agreements prior to the initiation of  litigation;  12    NOW' THEREFORE, the Parties have agreed to the following:  1.  Hamlet and Rockingham shall not file suit in either North Carolina state court or  the United States District Court for claims arising from the alleged breach oft the 2015 Interlocal  Agreements prior to September 13, 2021.  2. The County agrees to toll the running of any and all statutes of limitations and statutes ofrepose that would apply toj possible claims brought by Hamlet and Rockingham arising from the alleged breach ofthe 20151 Interlocal Agreements until andi including September13,2021.  3.  The County will make a good faith effort to discuss the sales tax issue with  representatives of all the municipalities in Richmond County, including Hamlet, Rockingham, Dobbins Heights, Hoffman, Ellerbe, and Norman. Hamlet and Rockingham agree to make a good faith effort to discuss the sales tax issue with representatives of the County as well. Attorneys for the Parties shall not be present during these meetings. The County and Hamlet, and the County and Rockingham, will make a good-faith effort to hold their respective meetings in the month of April 2021, and the County will make a good faith effort to hold its meetings with the other  municipalities during April 2021 as well.  4. With respect tol Hamlet and Rockingham, the same confidentiality rules shall apply tor meetings with the County to the sales tax issue as applyt tor mediation pursuant tol N.C. Gen. Stat. $7A-38.1(). Specifically, evidence ofstatements made and conduct occurring during confidential discussions regarding the sales taxi issue shall not be subject to discovery and shall bei inadmissible in any proceeding in any civil action arising from the alleged breach of the 2015 Interlocal  Agreements, except as authorized by G.S. $7A-38.10)-14).  13    5. This Agreement constitutes the entire agreement between the Parties and supersedes any prior oral or written agreements or understandings between the Parties, their  officials, employees, or agents.  CITY OFHAMLET  By:  William Bayless, Hamlet Mayor  Date  ATTEST:  By:  [SEAL]  Gail Strickland, Hamlet City Clerk CITY OF ROCKINGHAM  Date  By:  Steve Morris, Rockingham Mayor  Date  ATTEST:  By:  [SEAL]  Sabrina McDonald, Rockingham City Clerk  Date  RICHMOND COUNTY  By:  Jeff Smart, ATTEST: [Add Name] )  Date  Chairman oft the Board of Commissioners  By:  [SEAL]  Date  Clerk tot the Board ofCommissioners  14    DEPARTMENTAL ACTIVITY REPORTS  for  COUNCIL'S INFORMATION  15    - ROCKINGIAM  FIRECHIEF HAROLDI ISLER ADMIN.ASST. KRISTYPLAYER  I FIRE DEPT. March  We are pleased to submit the monthly fire report on the activities undertaken by the Rockingham  Fire Department during the month of March 2021.  Total Alarms: Turn In Alarms: Wrecks: Service Call: Power line down: 1 Smoke scare: Chimmney fire:  35 1 9 3 0 0  In Town: Silent Alarms: Alarm Malf: Assist Police: Assist Ems: Building Collaspe: Cooking Fire:  35 34 11 0 0 0 1  Outo of Town: Structure fire: Good Intent: Trash/outside fire: Unauthorized burn: 0 Vehicle fire: Spill/Leak:  0 1 4 0 0  Hours Spent on Calls: 10 hours 13 minutes Total Property Exposed to Fire: Total Property Damaged by Fire: Total Property Saved:  $101,000.00 $43,000.00 $58,000.00  During the month of March members oft the fire department averaged 38 training hours per person; part-paid members averaged 9 hours per person fort the month.  Respectfully Submitted, AuNI Harold Isler Fire Chief  16  231 S. LAWRENCE ST. ROCKINGHAM, NC 28379 I 910-997-4002    ROCKINGHAM A cmyY LOOKING FORWARD W.D.. Kelly, Chiefof Police  Rockingham Police Department  To: Monty Crump yHom:  W. D. Kelly Chief of Police Date: April 6, 2021 Ref: March Activity Report  On behalf of the Rockingham Police Department, I am pleased to submit this report for your consideration. The following activities have been undertaken by officers of the Rockingham Police Department.  Total Calls for the Month: Public Service Calls - INCLUDES Alarms, Unlocks and Battery Boosts) Charges Generating Arrest: Felonies: Misdemeanors: Drug Violations: Juvenile: Warrants Served: Citations:  1430 516 65 45 03 02 162 28 22 08 09 125  Accidents Reported/Investigatet: Property Damage only: Personal Injury: Officer Hours Spent in Court: Officer Training Hours Logged  311 E. Franklin Street, Rockingham, N.C. 28379. Phone (910) 895. 17:Fax (910) Sapdpian