ROCKINGHAM A CITY LOOKING FORWARD CITY COUNCIL AGENDA April 9, 2019 6:30 p.m.  1. Opening of meeting by Mayor Steve Morris.  2. Invocation by Pastor Ronnie McLean, Pastor of Freedom Baptist Church.  3. Amendments and Changes to Agenda.  4. Consent Agenda:  A. Disposition of Minutes of the March 12, 2019 Regular Meeting.  B. Tax Collector's Report. (See Pages 5-9)  Informational Items: 1.) Monthly Collection Report  2.) Uncollected Taxes as of March 31, 2019. 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:  ETJ Reduction: Set Public hearing for an ordinance to relinquish portions of the City Extraterritorial Jurisdiction (ETJ).  (See Pages 10-12 & map insert)  B. Hold Public Hearing. (None)  C. Minutes from Various Boards. (Enclosed)  514 Rockingham Road, Rockingham, NC 28379 Phone 895 9088 Fax (910) 997 6617 wwwgoroetingham.con    City Council Agenda April 9, 2019 Page 2 6.  Consideration of a Demolition Ordinance for the dilapidated structure located at 130 W. Broad Avenue and identified as Richmond County Pin # 7463-15-63-7238. (Tabled from Previous Meeting)  (See Pages 13-15)  7.  Consideration of Approval of Audit Contract for Fiscal Year End June 30, 2019 with Anderson Smith & Wike, PLLC (Contract included separately Presentation of Rockingham Police Department's Annual Report for 2018 by Police Chief Billy Kelly. (Included in last month's packet) 9. Presentation of Rockingham Fire Department's Annual Report for 2018 by Fire Chief Harold Isler. (Included in last month's packet) 10. Consideration of approval of position of Grounds Maintenance Supervisor at Salary Grade of 14. (Included separately in packet)  in packet).  8.  11. Business by Visitors.  A. Charles Turner - Richmond Community Theater  12. Business by City Clerk. 13. Business by City Manager. 14. Business by City Attorney. 16. Business by Mayor.  15. Items of discussion by City Council Members.  A. Issue Proclamation recognizing National Child Abuse Prevention Month.  17. Adjournment.  2    Rockingham, NC  City Council Agenda  SUPPORT DOCUMENTS  3    Monty R. Crump City Manager  ROCKINGHAM NO A CITY LOOKING FORWARD  MEMO TO: Mayor Steve Morris & City Council  FROM: DATE: RE:  Monty R. Crump, City Manager  April 2, 2019 Agenda Items  REGULAR AGENDA:  7. Consideration of Approval of Audit (Included separately in packet)  Please find enclosed proposal for Anderson Smith & Wike PLLC to conduct the required audit for Fiscal Year End June 30, 2019 (current year). The city has a long term excellent audit relationship with Anderson and thus it is my recommendation that Council award audit contract for 2018/19 to Anderson as  presented  10. Consideration of approval of position of Grounds Maintenance Supervisor at Salary Grade of 14. (Included separately in packet) This position classification is the last personnel action required to restructure public works staffing with the retirement of Buildings and Grounds Superintendent. While this position is new it is expected to be filled in house. The restructuring of staff at Public Works will allow for more efficiency in operations in all areas of Building and Grounds city wide. The changes result in building administrative duties being absorbed into Director of Safety & Risk Management duties, building maintenance responsibilities within the duties of Building Maintenance Worker II position (hired/starts April 11) and grounds maintenance (including cemetery) falling under Grounds Maintenance Supervisor (working position). All restructuring has been accomplished with existing funds realized  from redistribution of Building & Grounds position funds.  514 Rockingham Road, Rockingham, NC 28379 Phone (S1u) 895 9088 * Fax (910) 997 6617 wgoroctngham.com        UNCOLLECTED TAXES  YEAR 2018 2017 2016 2015. 2014 2013 2012 2011 2010 2009 2008  AMOUNT 57,962.68 18,376.57 12,611.30 11,993.09 11,735.89 12,418.74 10,011.64 9,494.89 8,406.43 7,523.97 6,914.98  Mar-19  57,962.68 109,487.50 167,450.18  Total Current Year Total Past Years Total All Years  6    00 4  b    e  4  B  0  o  8    d0  of    0  S  4 3    Staff Report to Planning and Zoning Board  Agenda Item: IV.A April2 2, 2019 Issue: Jurisdiction (ETJ). Background:  Proposed ETJ Reduction: Consideration of an ordinance to relinquish portions of the City Extraterritorial  As the Mayor and City Council are aware, the City expends considerable resources annually on code enforcement activities related to public nuisances and abandoned structures. Over the last 20 years, the City's annual budget for code enforçement activities has averaged between $30,000 and $35,000 with average annual expenditures generally staying within that budget. However, since the beginning of fiscal year 2016 (3.5 fiscal years), the City has been more aggressive with code enforcement actions - spending in excess of $191,000. Even with this more aggressive approach, the City is not keeping pace with the ever-growing list of abandoned structures that need to be addressed. Compounding this problem is several of thel buildings on the list are large commercial buildings in states of dilapidation that will be very expensive to demolish should the City have to do SO - the cost for any one will significantly exceed the total annual budget for code enforcement. Additionally, Richmond County recently began charging the City's nuisance abatement contractor landfill tipping fees (which are billed to the City) to dispose of rubbish, garbage, and other materials cleaned from properties during the nuisance abatement process. These issues have caused City staff to reevaluate the City's code enforcement activities in an effort to  identify needed policy changes and/or more cost effective approaches.  Staff Comments:  1. The most obvious potential policy change relates to the City's jurisdictional boundaries = specifically the extraterritorial jurisdiction (ETJ). City staff believes the allocation of code enforcement resources to certain areas in the (ETJ) provides very little benefit to the City; and thus consideration should be given to relinquishing the ETJ in these areas. To understand City staff's perspective, it's important 2. The ETJ is an area outside. the city limits where the city enforces its planning and zoning regulations, building codes, and laws pertaining to public nuisances, minimum housing standards, and abandoned structures. North Carolina State law authorizes the City to exercise an ETJ, but does not require the City to do SO. Residents and property owners in the ETJ do not pay city property taxes, do not vote in municipal elections and do not receive any other city services except those pertaining 3. The purpose for the City establishing and maintaining an ETJ is that the areas included are considered future growth areas and will conceivably be annexed into the city limits at some point in the future. The enforcement of the City's various land development regulations prior to annexation ensures that growth and development in the ETJ is consistent with the City's future land use plans and provides for a smoother transition after annexation. Essentially, the ETJ allows the City to 4. The ETJ is not as important as it once was to Rockingham for several reasons. When the local economy was prosperous and thriving (30+ years ago), there was considerable growth and economic development immediately surrounding the city limits; and therefore a need to regulate Itin a manner consistent with City standards. The regulation of this growth by the City was especially important because Richmond County had no zoning or land development regulations until the early  to understand what the ETJ is and why the City chooses to have it.  to planning, zoning, and code enforcement.  exercise some foresight and plan for future growth.  10    2000's. A dedlining local economy for the better part of the last 30 years combined with stagnate future growth projections; and changes in State laws that significantly restrict municipal annexations 5. The City's ETJ includes multiple areas with very little, if any, growth potential or annexation value. Such areas contain no raw property suitable for new development and/or redevelopment; and no significant tax base that would make a future annexation financially feasible. These same areas suffer from varying degrees of urban blight' that place a large demand on City code enforcement resources. The continued use of City taxpayer resources to maintain an ETJ in these areas with no apparent long-term benefit is questionable at best. In the opinion of City staff, the City needs to 5. To this end, City staff has prepared an ordinance to revise the City's ETJ boundaries and relinquish control in certain areas. A map illustrating a comparison of the existing and proposed boundaries is attached for reference. Multiple factors influenced how the revised boundaries were drawn. NCGS 160A-360 requires boundaries to be defined, to the extent feasible, by geographical features identifiable on the ground; thus every reasonable effort was made to do SO. At the same time, anticipated future growth areas including those along major highway corridors; at key highway intersections; and large tracts of undeveloped property are generally proposed to remain in the ETJ. Areas with very little future eveppmenv/edeetopment potential and areas where the City has incurred considerable code enforcement expenses are proposed for exclusion from the ETJ. The proposed new ETJ boundaries represent a 12.3 percent reduction from its current size. 7. Ina an effort to provide some measure of the possible effect of the proposed ETJ reduction on City code enforcement activities, City staff reviewed department data for the last 3.5 years. During the period = in the entire ETJ = the City issued a total of 107 violations. These violations included Notices of Code Violation (public nuisances), Abandoned Structure/Minimum Housing Orders (dilapidated buildings) and Notices of Zoning Violation. Of these 107 violations, 72 (67 percent) are located in the areas proposed to be removed from the ETJ. Of these 72 violations, 22 were abated by the City at a total cost of approximately $27,000. As a point of reference, during the same 3.5 year time period, the total cost of abatement in all other areas of the ETJ (the remaining 87.7 8. As a side note, it is important to understand that the City's code enforcement activities are not as aggressive in the ETJ as they are inside the city limits because of limited resources. Code enforcement in the ETJ is generally complaint driven and directed at more prominent and/or significant public health and safety issues. Numerous violations go unaddressed. By comparison, inside the city limits, code enforcement will periodically canvas an entire neighborhood and address all code violations. With limited resources, prioritization is necessaryi and the taxpayers who fund 9. The process for relinquishing the City's ETJ from certain areas is relatively simple. The City Council adopts an ordinance for such and provides written notice to Richmond County. The effective date  have: somewhat diminished the importance of the ETJ for Rockingham.  relinquish its ETJ in these areas.  percent) was approximately $5,100.  the City's code enforcement take priority.  fort the ordinance must be a minimum of 60 days from the date of adoption.  Staff Recommendation: being October 1, 2019.  City staff recommends the Board review the proposed boundary changes to the City's ETJ in regards to the above-referenced information. If the Board is in agreement, City staff recommends the Board recommend the City Council relinquish portions of the City's ETJ as proposed with the effective date  11    Planning Board Recommendation:  The Planning Board reviewed the request on April 2, 2019 and recommended unanimously that the City  Council relinquish the portions of the City's ETJ as proposed.  12    John R. Massey, Jr. AICP Planning Director  ROCKINGHAM NOR A CITY  FORWARD  MEMORANDUM  To: Mayor Steve Morris and City Council Members From: John R. Massey, Jr., Assistant City Manager  Date: January 2, 2018  Re: Demolition Ordinance for Dilapidated Building located at 130 W. Broad Avenue  City staff recommends the City Council approve a demolition ordinance for the dilapidated building located at 130 W. Broad Avenue and identified as Richmond County PIN 7463-15-63-7238. Acopy of the demolition ordinance and photographs of the property are included in the agenda packet. As background information, City staff initiated abandoned structure proceedings in July of 2018. The property owner, Carolina Lodgings, Inc. (Ram K Agarwal, President), and parties of interest were notified of a hearing with the Code Enforcement Officer regarding the condition of the building. The notice was sent via certified and regular mail; published in the Richmond County Daily Journal; and posted on the subject property. The owner and five of his associates did attend the hearing; and indicated their intent tor remodel/renovate the burned structure. The Code Enforcement Officer issued his findings of fact and directed the property owners to either repair or demolish the building by November 13, 2018. Again, the notice was sent via certified and regular mail; published in the Richmond County Daily Journal; and posted on the subject property. Very little action has been taken by anyone to date regarding the February 4, 2019 Update: City staff recommended the City Council table this item during the. January 8, 2019 meeting after receiving building renovation plans from the owner's engineer. The plans have been approved by the City's Inspection Superintendent and cleanup work on the burned structure is progressing. City staff is awaiting the owner's general contractor to obtain a building permit for the renovation work. Based on these actions, City staff recommends the City Council table this issue for one March 4, 2019 Update: The owner's general contractor has yet to obtain a building permit for the renovation of the burned motel. Although debris has been removed from the motel premises in the last 30 days, the site remains unsecure with unsafe conditions. At this point, City staff has little confidence the property owner will follow through on representations made regarding renovation of the dilapidated structure. The preliminary cost estimate for demoltion/removal of the dilapidated structure is $70,000- $80,000 (assuming no asbestos). Funds to cover this expense are not currently available in this fiscal year budget. Considering the average condemnation timeline, if the City Council delays approval of the demolition ordinance until its April meeting, then the cost will not be incurred by the City until next fiscal year (after. July 1). Thus, City staff recommends delaying action one more month until the April meeting. April 2, 2019 Update: The owner's general contractor still has yet to obtain a building permit for the renovation of the burned motel. City staff recommends the City Council approve the demolition ordinance for the dilapidated building located at 130 W. Broad Avenue and identified as Richmond County  condition oft the subject property.  more month.  PIN 7463-15-63-7238.  13  514 Rockingham Road, Rockingham, NC 28379 Phone (910) 895 9088 Fax (910) 997 6617 www.goroctingham.com    ROCKINGHAM A CITY LOOKING FORWARD  AN ORDINANCE DIRECTING THE BUILDING INSPECTOR TO REMOVE OR DEMOLISH THE PROPERTY HEREIN DESCRIBED AS UNFIT FOR HUMAN HABITATION AND DIRECTING THAT ANOTICE BE PLACED THEREON THAT THE SAME MAY NOT BE OCCUPIED. WHEREAS, the City Council of the City of Rockingham finds that the building described herein is unfit for human habitation under the City Abandoned Structure Ordinance, and that all the procedures of WHEREAS, this building should be removed or demolished, as directed by the Building Inspector, and should be placarded by placing thereon a notice prohibiting use for human habitation; and WHEREAS, the owner of this building, Carolina Lodgings, Inc. (Ram K Agarwal, President) has been given a reasonable opportunity to bring the building up to the standards of the Abandoned Structure Ordinance in accordance with G.S. 160A-443 (5) pursuant to an order issued by the Building  the Abandoned Structure Ordinance have been complied with; and  Inspector on August 15, 2018 and the owner has failed to comply with the order;  NOW, THEREFORE, BE IT ORDAINED by the City Council oft the City of Rockingham, that:  Section 1.  The Building Inspector is hereby authorized and directed to place a placard containing the legend "This building is unfit for human habitation; the use or occupation of this building for human habitation. is prohibited and unlawful." on the building located at 1301 W. Broad Avenue and identified by Richmond County The Building Inspector is hereby authorized and directed to proceed to remove or demolish the above described building in accordance with his order to the owner thereof dated August 15, 2018, and in accordance with the Abandoned upon which the cost was incurred. The lien shall be filed in the office of the City Tax Collector and City Clerk, and shall have the same priority and be collected in the same manner as the lien for special assessments in Article 10 of G.S. Chapter (b) Upon completion of the required removal or demolition, the Building Inspector shall sell the materials of the building and credit the proceeds against the cost of removal or demolition. The Building Inspector shall certify the remaining balance to the Tax Collector. If a surplus remains after sale of the materials and satisfaction of the cost of removal or demolition, the Building Inspector shall deposit the surplus in the Superior Court where it shall be secured and disbursed  PIN# 7463-15-63-7238.  Section 2.  Structure Ordinance and G.S. 160A-443.  Section 3. (a) The cost of removal or demolition shall constitute a lien against the real property  160A  int the manner provided by G.S 160A-446.  514 Rockingham Road, Rockingham, NC 28379 Phone 14 895 9088 Fax 910.9976617-www.gerectingham.con    Section 4.  Itshall be unlawful for any person to remove or cause tol be removed the placard from any building to which it is affixed. It shall likewise be unlawful for any person to occupy or to permit the occupancy of any building therein declared to  be unfit for human habitation.  Section 5. Adopted this,  This ordinance shall become effective upon its adoption.  day of  2019.  Mayor  Attest:  City Clerk  NORTH CAROLINA RICHMOND COUNTY  I, a Notary Public of the County and State aforesaid, certify that Sabrina Y. McDonald personally appeared before me this day and acknowledged that she is City Clerk of the City of Rockingham, a North Carolina municipal corporation, and that by authority duly given and as an act of the corporation, the foregoing instrument was signed in its name by its Mayor, sealed with its municipal seal and attested by  herself asi its City Clerk.  Witness my hand and official stamp or seal, this  day of  2019.  Notary Public  My Commission expires:  15    DEPARTMENTAL ACTIVITY REPORTS  for  COUNCIL'S INFORMATION  16    ROCKINGHAM A CITY LOOKING CA FORWARD  Rockingham Police Department  W.D. Kelly, Chiefof Police To: Monty Crump From: D. Kelly sze of Police Date: April 1, 2019 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 -1 INCLUDES (Animal Control Calls, Escorts, Alarms, Unlocks and Battery Boosts) Charges Generating Arrest: Felonies: Misdemeanors: Drug Violations: Juvenile: Warrants Served: Citations:  1629 328  65 69 11 12 112 133  Accidents Reported/Investgated: Property Damage only: Personal Injury: Officer Hours Spent in Court: Officer Training Hours Logged Items of Interest:  32 Z 42 475  We are wishing everyone a happy and healthy Easter!  Cprib  311E. Franklin Street, Rockingham, N.C. 28379 Phone ( 17s 895-2468 Fax (910) 895-0899 ngorocinghamplcom    ROGKINGAM  FIRE CHIEF HAROLDI ISLER ADMIN.ASST. KRISTYPLAYER  - , FIRE DEPT. March-19  We are pleased to submit the monthly fire report on the activities undertaken by the Rockingham  Fire Department during the month of March, 2019.  Total Alarms: Turn In Alarms: Wrecks: Smoke/Odor: Trash: Service Call: Electrical:  39 0 17 0 0 3 1  In Town: Silent Alarms: Alarm Malf: Vehicle: Co Detector: Assit EMS Power Line Down:  39 39 5 1 1 0 1  Out of Town: 0 Structure: 1 Good Intent: 2 Grass/Brush: 4 Assit Police: 0 Cooking fire: 0 Gas Leak: 3  Hours Spent on Calls: 11 hours and 48 minutes Total Property Exposed to Fire: Total Property Damaged by Fire: Total Property Save:  $1,395,000.00 $14,500.00 $1,380,500.00  During the month of March full time members oft the fire department averaged 32 training hours per person; part-paid members averaged 81 hours per person for the month.  Public Life & Safety: -Installed 3 car seats  -Members volunteered with Speical Olympics Spring Bowling  Respectfully Submitted, A Fire Chief Harold Isler  18  231 S. LAWRENCE ST. ROCKINGHAM. NC 28379 I 910-997-4002    ROCKINGHAM A T CITY  FORWARD  To: From: Date: Subject:  Monty Crump, City Manager Dave Davis, Recreation Director  April3,2019 Activity Report  The following are activities involving our department this month. Spring Soccer - Our tenth season of spring soccer kicked off the week-end of March 23rd with almost 500 children participating in this ever increasing sport. Youth Baseball/Softball Registration for these two programs is currently under First Health - FirstHeath of the Carolinas and Rockingham Parks and Recreation have agreed to work collaboratively to implement Action Recreation Through Community and Health Care Engagements (ARCHES), a family wellness program. This program will meet Monday and Thursdays beginning April 29th. Hinson Lake - As the weather continues to warm up this facility has and will  way and should be completed by April 10th.  continue to experience an increase in activity.  19  514 Rockingham Road, Rockingham, NC 28379 Phone (Y1U) 895 9088 Fax (910) 997 6617 www.goroctingham.com