Salisbury, North Carolina  June 18,2024  REGULAR MEETING  PRESENT: Mayor Karen K. Alexander, Presiding; Mayor Pro Tem' Tamara Sheffield, Council  Members Harry McLaughlin, David Post and Anthony Smith; City Manager Jim Greene, Jr. City Clerk Connie B. Snyder; and City Attorney J. Graham Corriher.  ABSENT: None.  Salisbury City Council met in Council Chambers in City Hall located at 217 South Main Street. The meeting was called to order by Mayor Alexander at 6:14 p.m. A moment of silence  was taken.  PLEDGE OF ALLEGIANCE  Mayor Alexander led participants in the Pledge of Allegiance to the United States flag.  ADOPTION OF THE AGNPDACHANGSIOTIE AGENDA Mayor Alexander noted the following changes to the Agenda: Postpone Item 9 regarding Bell Tower Green, Inc. until al later date.  Item 11 should read: Council to consider a Downtown Revitalization Incentive Grant request for up to $150,000 to assist with the redevelopment of 121 North Main Street resulting in  four new: residential units and two new retail spaces.  Thereupon, Councilmember Post made aj motion to adopt the Agenda as amended. Mayor Alexander, Mayor Pro Tem Sheffield, and Councilmembers McLaughlin, Post and Smith voted  AYE. (5-0) Salisbury City Council  June 18, 2024  Page 1    RECOGNITION - RETIRING SALISBURY-ROWAN UTILITIES DIRECTOR JAMES  JIM" BEHMER  Mayor Alexander asked Council to consider adopting a Resolution of Recognition honoring retiring Salisbury-Rowan Utilities (SRU)Director. James "Jim" Behmera after 23 years of  service to the City.  Thereupon, Mayor Pro Tem Sheffield made al motion toadopta a ResoliuionoFRecognition honoring retiring Salisbury-Rowan Utilities Director James "Jim" Behmer. Mayor Alexander, Mayor Pro Tem Sheffield, and Councilmembers McLaughlin, Post, and Smith voted AYE. (5-0) RESOLUTION OF RECOGNITION HONORING RETIRING SALISBURY-ROWAN (The above Resolution is recorded ini full in Resolution Book No. 17a at Page No. 22, and is known  UTILITIES DIRECTOR JAMES "JIM" BEHMER.  as Resolution 2024-16.)  Mayor Alexander read the Resolution and presented a framed copy to Mr. Behmer. Mr. Behmer stated he has enjoyed working with SRU customers, staff and Council. Council congratulated Mr. Behmer on his retirement and thanked him for his leadership and dedication to the City. City Manager Jim Green thanked Mr. Behmer for his work to position SRU for future  growth and for his service to the community.  PROCLAMATION  Mayor to proclaim the following observances:  JUNETEENTHDAY AMATEUR RADIO OPERATORS MONTH MEN'SI HEALTH MONTH INDEPENDENT RETAILER MONTH PARKS AND RECREATON MONTH  June 19, 2024 June 2024 June 2024 July-2024 July2024  CONSENT AGENDA (a) Minutes  Approve the Minutes oft the regular meeting ofl May 21,2024 and thei regular and special  meetings ofJ Juné 4, 2024.  (b) Budget Ordinance Amendment - Police Department  Adopt a budget Ordinance amendment to the FY2023-2024 budget in the amount of $128,082 to appropriate a donation to be used for Police Department for compensation.  Salisbury City Council  June 18, 2024  Page 2    ORDINANCE AMENDING THE 2023-2024 BUDGET ORDINANCE OF THE CITY OF SALISBURY NORTH CAROLINA TO APPROPRIATE A DONATION FOR THE POLICE (The above Ordinance is recorded in full in Ordinance Book No. 32 at Page No. 60, and is known  DEPARTMENT. as Ordinance 2024-37.)  (c). Budget Ordinance Amendment - Fire Department  Adopt a budget Ordinance amendment to the FY2023-2024 budget in the. amount of ORDINANCE AMENDING THE 2023-2024 BUDGET ORDINANCE OF THE CITY OF SALISBURY NORTH CAROLINA TO APPROPRIATE ADDITIONAL HAZMAT (The above Ordinance is recorded in full in Ordinance Book No. 32 at Page No. 61, andi is known  $19,550 to appropriate additional HAZMAT revenue for the Fire Department.  REVENUES.  as Ordinance 2024-38.)  (d) Budget Ordinance Amendment - Parks and Recreation  Adopt a budget Ordinance amendment to the FY2023-2024 budget in the amount of $46,855 to appropriate a sponsorshipldonation to the Parks and Recreation Department to help ORDINANCE AMENDING THE 2023-2024 BUDGET ORDINANCE OF THE CITY OF SALISBURY NORTH CAROLINA TO APPROPRIATE A PARKS AND RECREATION (The above Ordinance is recorded in full in Ordinance Book No. 32 at] Page No. 62, and is known  with expenses related to the Cheerwine Festival.  DONATION.  as Ordinance 2024-39.)  (e) Budget Ordinance Amendment -] Parks and Recreation  Adopt a budget Ordinance amendment to the FY2023-2024 budget in the amount of $2,000 to a to the Parks and Recreation Department to appropriate a sponsorship for the 2024 ORDINANCE AMENDING THE 2023-2024 BUDGET ORDINANCE OF THE CITY OF SALISBURY NORTH CAROLINA TO APPROPRIATE A PARKS AND RECREATION (The above Ordinance is recorded in full in Ordinance Book No. 32 at Page No. 63, and is known  New Year's Eve event.  DONATION.  as Ordinance 2024-40.)  Salisbury City Council  June 18, 2024  Page 3    (f) FY2024-2025 Holiday Schedule  Adopt the holiday schedulei for the fiscal year beginningJuly1 1,2 2024 and ending June 30,  2025.  (g) Contract - Toshiba Business Solutions  Authorize the City Manager to approve a contract with Toshiba Business Solutions regarding City-wide copier services. The estimated annual costo tofthe contact is $58,031 per year over a five-year term for a total estimated cost of $290,157 plus any overages. $60,139.is.  included in the FY2024-2025 budget to cover the costs.  City Manager Jim Greene noted a citizen contacted the City regarding an anonymous donation for additional Police Department employee compensation. He explained the donation was coordinated through the Police Department Foundation and the School of Government was contacted to make sure the proper process was followed. He added the City is very appreciative  oft this generous donation.  Thereupon, Mayor Pro Tem Sheffield made a motion to adopt the Consent Agenda as presented. Mayor Alexander, Mayor Pro Tem Sheffield, and Councilmembers McLaughlin, Post  and Smith voted AYE. (5-0) PUBLIC COMMENT  Mayor. Alexander opened the floor to receive public comment.  Ms. Kathy Shields noted Blue Collar Motorcycle Company, located behind her home, has dammed the creek causing flooding in her neighborhood. She indicated batteries are stored near the creek which makes water run off dangerous. Mayor. Alexander requested staff follow up with  Ms. Shields.  Mr. Clyde expressed concern regarding citizen input for the budget. He stated citizens There being no one else to address Council, Mayor Alexander closed the public comment  should be rewarded for recycling and not charged a fee.  session.  VOLUNTARY ANNEXATION. -5 570 EARNHARDT ROAD  Planning and Neighborhoods Director Hannah Jacobson addressed Council regarding the voluntary annexation of Shay Crossing Phase Four located at 570 Earnhardt Road. She noted in 2021 Council voted to rezone the site through a conditional district process, but the voluntary annexation had been overlooked and was caught when staffi reviewed the construction documents. She explained the request is to annex 23.78 acres, twoj parcels and aj portion ofai third parcel. She  Salisbury City Council  June 18,2024  Page 4    added the site is located in the City's Extra Territorial Jurisdiction (ETJ) and is contiguous to the  City limits.  Ms. Jacobson stated the site is located within the City's growth area and targeted for residential development in the Forward 2040 Comprehensive Plan. She noted Phase Four will include 230 single family homes built on 101 acres. She commented the value ofimprovements: is estimated to be $50 million with annual tax revenues estimated to be approximately $310,000. She displayed ai map of the area, and she pointed out the portion oft the site to be annexed into the City. She indicated the remaining portion ofthe sitei is already within the City limits.  Mayor Alexander convened a public hearing after due notice to receive comments There being no one to address Council, Mayor. Alexander closed the public hearing. Thereupon Mayor Pro Tem Sheffield made a motion to adopt an Ordinance to extend the corporate limits of the City of Salisbury, North Carolina to include 23.78 acres located at 570 Earnhardt Road and identified on' Tax Map 065 Parcel 008, Tax Map 067 Parcel 189, and aj portion ofTax Map 058 Parcel 088 effective. June 18, 2024. Mayor Alexander, Mayor Pro Tem Sheffield, ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF SALISBURY, NORTH CAROLINA TO INCLUDE 23.78 ACRES LOCATED AT 570 EARNHARDT ROAD AND IDENTIFIED ON TAX MAP 065 PARCEL 008, TAX MAP 067 PARCEL 189, AND A (The above Ordinance is recorded in full in Ordinance Book No. 32 at Page No. 64-66, and is  regarding the proposed voluntary annexation.  and Councilmembers McLaughlin, Post and Smith voted AYE. (5-0)  PORTION OF TAX: MAP 058 PARCEL 088 EFFECTIVE JUNE 18, 2024.  known as Ordinance 2024-41.)  DOWNTOWN REVITALIZATION INCENTIVE GRANTI REQUEST  Planning and Neighborhoods Director Hannah Jacobson addressed Council regarding a Downtown Revitalization Incentive Grant for up to $150,000 to assist with the redevelopment of 121 North Main Street, resulting ini four newi residential units and twonew retail spaces. She noted thej project is known as Alley and Main" and has been submitted by Shawn Campion of Skadoosh  Enterprises, LLC.  Ms. Jacobson stated Downtown Revitalization Incentive Grants are consistent with the City's Strategic Plan, and she pointed out $22 million of private investment has been leveraged through the grant program. She reviewed the grant process and timeline, and she indicated the City received one grant application and the selection committee determined it was consistent with  the program.  Salisbury City Council  June 18, 2024  Page 5    Ms. Jacobson explained the project is located between Innes and Council Streets and adjacent to Hogan's Alley, which leads to the Center City parking lot. She added the project is a complete rehabilitation oft the building that will result in two ground floor commercial units and four residential units, including a first floor Americans with Disability Act compliant unit. She noted elevator access will be added to the building, and there arej plans to add lights, planter boxes,  and tables that include chess boards to Hogan's Alley.  Ms. Jacobson noted the project has been approved for Historic Rehabilitation Tax Credits through the state, and she pointed out the expected completion date is late 20241 to early 2025. She noted the total planned investment is $3.1 million and the tax revenues for the City and the Municipal Service District (MSD) are anticipated to be $175,000 over 10 years.  Ms.J Jacobson displayed photographs ofthe building and artist renderings oft the completed project. She noted the selection committee recommended that Council consider awarding a Downtown Revitalization Incentive Grant in the amount of $150,000 to Skadoosh Enterprises,  LLC: for the rehabilitation of121 North Main Street.  Mayor Alexander convened a public hearing after due notice to receive comments There being no one to address Council, Mayor Alexander closed the public hearing. Councilmember McLaughlin asked if the residential units will be apartments or Thereupon, Councilmember Post made a motion to approve a Downtown Revitalization Incentive Grant request for up to $150,000 to assist with the redevelopment of 121 South Main Street resulting ini four new: residential units and two new: retail spaces. Mayor Alexander, Mayor Pro Tem Sheffield, and Councilmembers McLaughlin, Post and Smith voted AYE. (5-0)  regarding the proposed Downtown Revitalization Incentive Grant request.  condominiums. Ms. Jacobson stated the units will be apartments.  PROPOSED FY2024-2024CITY BUDGET  City Manager Jim Greene, Finance Director Wade Furches and Budget Manager Tracey Keyes addressed Council regarding the FY2024-2025 City budget. Mr. Greene thanked everyone who worked on the budget, and he pointed out the Strategic Plan sets the foundation for budget development and budgetrsommemdations. Her reviewed thei timeline for thel budgetp presentations,  and he indicated it has been a lengthy process that began in. January.  Mr. Greene stated the proposed budget includes dedicated resources to implement Council's strategic priorities and invests in employees through increased compensation. He explained thel budget is built on realistici revenue estimates and ithelps toj plan and manage growth. He added the proposed budget includes a focus on public safety that includes new police officer positions. He indicated Council supported a grant application and ifthe grant is approved it will support six additional firefighters that are needed to address overtime and callback issues. He referenced investment to infrastructure and capital improvements, and he pointed out there is a  Salisbury City Council  June 18,2024  Page 6    recommendation to use some Fund Balance for one-time projects. He added with the proposed use of] Fund Balance the City will still be in excess of Council's Fund Balance policy.  Councilmember Smith thanked staff for its quick response to questions from citizens regarding the proposed budget. Councilmember Post stated he appreciates receiving the budget in smaller pieces over several months which allowed Council the timei it needed to study the proposed  budget, ask questions and make recommendations.  Councimember McLaughlin asked about the Cost of Living Adjustment (COLA). Mr. Greene stated the COLA is 1.5% to be paid in August 2024 along with a 4.5% salary range adjustment to bej paid in September 2024 and a 3% average merit to be paid in. January 2025. He  commented the annual 1% lump sum bonus will be paid in December 2024.  Mayor Pro Tem Sheffield stated she struggles with how the fees get dispersed to people who struggle the most. She indicated the City must provide safe drinking water which requires infrastructure improvements and thej proper equipment that ultimately leads toi increased fees. She pointed out stormwater is difficult to maintain and also requires fee increases. She commented she wished there was a better answer forrecycling. She pointed out the budget includes an almost 10%] pay increase for employees, and she added it is important to recruit and retain employees. Mayor Alexander pointed out fees are based on who is using the service. She noted stormwater is an unfunded state mandate that requires a fee. She stated she is excited about the  proposed salary increases for employees.  Thereupon, Councimember Post made al motion to adopt the budget Ordinance ofthe City of Salisbury for the fiscal year beginning July 1, 2024 and ending June 30, 2025. Mayor Alexander, Mayor Pro Tem Sheffield, Councilmembers McLaughlin, Post, and Smith voted AYE.  (5-0)  Mr. Greene thanked everyone who worked to make thel budget process a success, and he BUDGET ORDINANCE OF THE CITY OF SALISBURY FOR THE FISCAL YEAR (The above Ordinance is recorded in full in Ordinance Book No. 32 at Page No. 67-83, and is  noted staff will continue to look at recycling options.  BEGINNNGJULYI202. AND ENDINGJUNE 30, 2025.  known as Ordinance 2024-42.)  E-SCOOTERS AND E-SCOOTER SHARE PROGRAMS  City Attorney Graham Corriher noted Council and staff have received complaints from citizens regarding e-scooters in the downtown area. He indicated the scooters generate clutter when they are leased and then left on the sidewalk creating obstructions for citizens, especially  those with mobility impairments.  Salisbury City Council  June 18, 2024  Page 7    Mr. Corriher stated he reached out to members of Council who requested he develop a recommendation to prohibit the scooters in a narrowly focused area of the City. He noted the  proposed Ordinance:  Defines an "e-scooter" Assistive Mobility Devices Municipal Service District (MSD) o Does not include private property  Does not include bicycles, electric bikes, motorcycles, mopeds, or. Electric Personal Prohibits operating e-scooters on public property (streets, sidewalks, parks) within the Prohibits offering e-scooters for lease on public property within the MSD  Mr. Corriher explained the proposed Ordinance does not: Regulate operating e-scooters on private property Regulate operating e-scooters outside the MSD  Does not repeal Section 16-63 Regulations for Parks and City Property  Mr. Corriher noted Bell Tower Green Park is included in the proposal because iti is located within the MSD. He added Parks and] Recreation staffare considering whether the proposal should bee extended toi include other City parks or the greenway. Hej pointed out the Ordinance is modeled from Ashevillesordinance and he worked with Police ChiefPatrick Smith regarding City and state  regulations and what is being donei in other cities.  Councilmember Post requested clarification regarding penalties. Mr. Corriher explained the infraction would be charged as ai ticket, the District Attorney's office would handle prosecution and it would be up to the judge to assign the fine. He added the civil penalty would be enforced by the City. He clarified the options are for ease of enforcement and only one option would be  enforced depending on the situation.  Councilmember Post indicated he has concerns regarding treating this as a criminal offense. Councilmember Smith pointed out e-scooters can affect other people's safety and American's with Disabilities (ADA) accessibility. Councilmember McLaughlin requested staff keep a record of incidents and bring the information back to Council in a year. Mr. Corriher  agreed.  Councilmember Post pointed out Council may want to consider a storage fee ife-scooters are picked up and need to be held while the owner is located. Mayor Alexander agreed. Mr. Corriher noted he will bring a storage fee back to Council fori its consideration.  Thereupon, Councilmember Smith made a motion to adopt an Ordinance amending Chapter 13, Article III, oft the Code ofthe City of Salisbury, relating to motor vehicles and traffic. Mayor Alexander, Mayor Pro' Tem Sheffield, Councilmembers McLaughlin, Post, and Smith voted  AYE. (5-0)  Salisbury City Council  June 18,2024  Page 8    ORDINANCE AMENDING CHAPTER 13, ARTICLE III, OF THE CODE OF THE CITY OF (The above Ordinance is recorded in full in Ordinance Book No. 32 at Page No. 84-85, and is  SALISBURY, RELATING TOMOTOR VEHICLES AND TRAFFIC.  known as Ordinance 2024-43.) CITY MANAGER'S REPORT (a) Juneteenth Festival  City Manager Jim Greene thanked the NAACP for partnering with the City on a great Juneteenth celebration at Bell Tower Green. He thanked staff for its work to, make the event a  success.  COUNCIL COMMNETS  Councilmember Smith commended NAAP President Gemale Black,, Salisbury-Rowan NAACP and City stafff fora ai magnificent. Juneteenth celebration. He thanked community members and stakeholders that participated in the event. He added hei is excited about the Pride Festival that will take place this weekend, and he pointed out the City has a lot to be proud of.  Councilmember McLaughlin noted the Byrne Criminal Justice Grant is taking place and one oft the grant awardees is handing out fresh vegetables from local gardens. Hej pointed out street lighting upgrades will take place in the West End community during the next phase oft the project. Councilmember Post thanked Salisbury-Rowan Utilities. Director Jim Behmer for his service to the City. He added the City sponsored a pickleball camp last week, and he thanked  everyone who donated their time to make the camp a success.  Councilmember Post suggested having a program in January where City Board and Commission chairs attend civic club meetings to explain what services are offered by each Board  and Commission.  MAYOR PRO TEM COMMENTS  Mayor Pro Tem Sheffield congratulated Salisbury-Rowan Utilities Director Jim Behmer on his upcoming retirement, and she noted he will be missed. She indicated a great Juneteenth celebration took place last Saturday, and she pointed out the Salisbury Pride Festival will take  place Saturday, June 22, 2024 beginning at 11:00 a.m.  Salisbury City Council  June 18,2024  Page 9    MAYOR'S ANNOUNCEMENTS AND COMMENTS  Mayor Alexander stated Salisbury-Rowan Utilities Director Jim Behmer will be missed, and she thanked him for his leadership and service to the community. She stated: she enjoyed the Juneteenth celebration, and she thanked everyone who worked to make the event a success.  ADJOURNMENT  Motion to adjourn the meeting was made by Mayor Pro Tem Sheffield. Mayor. Aléxander, Mayor Pro Tem Sheffield, and Councilmembers McLaughlin, Post and Smith voted AYE. (5-0)  The meeting was adjourned at 7:49 p.m.  KLAbL  Karen K. Alexander, Mayor  Coue B - bruyk Connie B. Snyder, City Clèrk  Salisbury City Council  June 18, 2024  Page 10