ROCKINGHAM A KSESSAPETAESAAIsE2S CITY  FORWARD  CITY COUNCIL AGENDA September 9, 2014 7:30 p.m.  1. Opening of meeting by Mayor Steve Morris.  2. 3. 4.  Invocation by Reverend Gene Alexander, Pastor of First Assembly of  God Church.  Amendments and Changes to Agenda.  Consent Agenda:  A.  Disposition of Minutes of the August 12, 2014 Regular Meeting and August 12, 2014 Closed Session Minutes (enclosed  separately)  B. Tax Collector's Report. (See Pages 4-10-)  Informational Items: 1.) Monthly Collection Report  2.) Uncollected Taxes as of August 31, 2014. 1.) Refunds per County Assessor's Office. 2.) Discovery bills added to Tax Scroll. 3.) Releases per County Assessor's Office.  Action Items:  C.  Request to transfer lot No. 8 in Block B, Row No. 4 as recorded in Book of Plats No. 9, at page 199 now Plat Slide 199-A, Richmond County Registry from Shelby B. Jordan, widow, to Jennie Jordan  Reynolds. (see enclosed pages 11-12)  514 Rockingham Road, Rockingham, NC 28379 Phone 1 95 9088 Fax (910) 997 6617 - w.gorocaingham.con    City Council Agenda September 9, 2014 Page 2 5.  Business by Planning Board. A. Set Public Hearing. (none) B. Hold Public Hearing.  Rezoning Request: Hold public hearing for an ordinance to re- delineate the boundaries of the Open Space (O-S) zoning district along Hitchcock Creek between Pee Dee Lake Bed and Roberdel Dam; and to readjust the boundaries of the adjacent zoning districts accordingly. (See Pages 13-15- & Map Inserts)  6. Consideration of Demolition Ordinance for Dilapidated Dwelling located at 114 Midway Road and identified as Richmond County PIN 7463-19- 71-2394. (See Ordinance Pages 16-18 and Photo Inserts)  7. Business by Visitors. 8. Business by City Clerk. 9. Business by City Manager. 10. Business by City Attorney. 12. Business by Mayor. 13. Adjournment.  11. Items of discussion by City Council Members.  - 2-    Rockingham, NC  City Council Agenda  SUPPORT DOCUMENTS  -3-    0 3  4-    UNCOLLECTED TAXES  YEAR 2014 2013 2012 2011 2010 2009 2008 2007 2006 2005 2004  AMOUNT 2,140,355.79 48,343.17 30,212.52 24,865.86 18,008.21 14,430.23 11,989.23 7,001.00 5,325.47 4,564.47 3,322.56  August 2014  2,140,355.79 168,062.72 2,308,418.51  Total Current Year Total Past Years Total All Years  -5-        i oi  - 0 3  E a 6 mi E 7  a  a  6    0  ! N 9    N  0  0: 5: S A  a a a a  5    bi 3 a  a  2 0 o1 9 2 8 5i  i   4  a  R  10-    NORTH CAROLINA RICHMOND COUNTY  CEMETERY DEED  THIS DEED, made and entered into this 20th day of August, 2014, by and between Shelby B. Jordan, widow, of619 Williams Street, Rockingham, NC 28379. parties of the first part; and Jennie Jordan Reynolds of1 118 Blewitt Avenue, Rockingham, NC 28379, parties oft the  second part;  WITNESSETH:  That the parties of the first part, for good and valuable consideration, have bargained and sold, and by these presents do bargain, sell, confirm and convey unto the parties oft the second part, their heirs and assigns, all oft their interest in and to a certain Lot situated in New Eastside Cemetery, City of Rockingham, Rockingham Township, Richmond County, North Carolina, and  more particularly described as follows:  Being Lot No. 8 in Block B, Row No. 4, as recorded in Book ofPlats No. 9, at page 119, And being the same property conveyed to. Jimmy R. Jordan (deceased) and wife, Shelby The attorney preparing this instrument was employed to draft this instrument only and has not been involved in any closing transaction with regard to the subject property. The attorney preparing this instrument has made no title examination and makes no title TO HAVE. AND TO HOLD said cemetery Lot No. 8, to the said parties of the second part, their heirs and assigns, for burial purposes solely. And it is hereby provided, and this Deed is made upon the condition, that in case said plots ofl land are used by the parties of the second part, or their assigns, for any other purpose, then and in that event this Cemetery Deed is, and shall be, inoperative and void; and upon the further condition that said Lot will not be transferred without the consent of the appropriate authorities oft the City of Rockingham, North Carolina.  now. Plat Slide 199-A, Richmond County Registry. B. Jordan, by Cemetery Deed dated April 9, 1984.  certification with regard to the subject property.  -11-    IN WITNESS WHEREOF, the parties of the first part have hereunto set their hand and  seal as oft the day and year first above written.  Kluy SHELBY B.JORDAN  AGdels  (SEAL)  NORTH CAROLINA, RICHMOND COUNTY  I,the undersigned Notary Public oft the County and State aforesaid, certify that Shelby B. Jordan personally appeared before me this day and acknowledged the due execution oft the Witness my hand and Official Seal, this aotb day of Auguat 20H  foregoing instrument for the purposes therein expressed.  wfll  Notary Public  My Commission Expires: 9lz/a014  Instrument prepared by: R. Thomas Nichols, Jr.  -12-    Staff Report to Planning and Zoning Board  Agenda Item: IV.A August 5, 2014 Issue: Hitchcock Creek. Background:  Rezoning Request: City staff has prepared a series of ordinances to re-delineate the boundaries of the Open Space (O-S) zoning district along the north and south prongs of Falling Creek and portions of  City staff began the process of re-delineating the O-S zone boundaries in 2008 and completed all areas along the north and south prongs of Falling Creek; and the portion of Hitchcock Creek from the City's southern ETJ boundary to N. Lee Street. City staff stopped with the re-delineation process along Hitchcock Creek at N. Lee Street in 2008 to avoid potential complications with several other projects underway at the time. (As the Board may recall, the City was actively engaged in a process to acquire the old Pee Dee Lake bed; and in discussions with several property owners north of the Pee Dee Lake As set forth in Section 3.01 (M) of the UDO, the Open Space (0-S) zoning district is intended "to be applied to undeveloped areas that are ecologically, economically, culturally, or historically significant to the community in their current undeveloped state." The same subsection goes on to state that the district is' "intended to maintain and preserve undeveloped areas that are environmentally sensitive, wildlife refugees, passive recreation areas, scenic areas, or have other significance in order to justify maintaining their undeveloped state". On the City's current zoning map, the 0-S district is predominately applied to property along Hitchcock Creek and the north and south prongs of Falling Creek. Those 0-S boundaries yet to be re-delineated were originally delineated more than 30 years ago. In some instances those boundaries do not accurately correspond to the environmentally sensitive areas as they actually exist on the ground primarily because mapping technology was not as advanced 30 years ago as it is today. City staff began this process of re-delineating the 0-S district boundaries in an effort to make the 0-S district boundaries better relate to the actual environmentally sensitive areas along Hitchcock Creek and the north and south prongs of Falling Creek. Such re-delineation is based on the newest color aerial photographs, recent floodway and floodplain data prepared by FEMA and NCDEM, and more accurate  bed regarding a potential residential development.)  contour data.  Staff Comments (General):  1. At the beginning of this process, City staff divided the areas along Hitchcock Creek and the north and south prongs of Falling Creek into small study areas to make the rezoning process more manageable. Seven study areas were completed in 2008. Two have yet to be completed. These small study areas should make the comparison between existing boundaries and proposed 2. Since it will be nearly impossible to specifically identify the location and acreage involved in every little shift and tweak in the 0-S boundaries, City staff has prepared a series of maps that illustrate existing zoning and proposed zoning within each study area. All interested parties will have to compare the existing zoning map with the proposed zoning map to determine the proposed 3. Inr making the determination as to the appropriate location for the revised 0-S boundaries, City staff generally used three criteria. Generally, all property located inside the FEMA delineated floodway is included in the 0-S zone. In addition, City staff generally included a 50-foot wide area outside the  boundaries easier.  changes.  -13-    floodway boundary in the O-S zone, which will serve as a riparian buffer. In addition to the floodway and riparian buffer areas, City staff generally included those areas that are clearly and reasonably identified as lowland or wetland areas. There are exceptions to these general criteria 4. For the Board's reference, the term floodway is defined in Section 15.01 oft the UDO as "the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one 5. One exception to the above-mentioned criteria used in re-delineating the 0-S district boundaries is that existing commercial and industrial development located in the floodway will remain zoned for commercial and industrial uses (ie. B-1, B-3, I-1or I-2). The reason being that FEMA and NCDEM gave consideration to such encroachments in calculating the floodway boundaries; and Section 8.09 (I) of the City's UDO will allow the reconstruction or replacement of any building located in the floodway under certain conditions. If such buildings were rezoned O-S, then they could not be reconstructed or replaced because commercial and industrial development is not allowed in the 0-S zone. The same exception applies to the existing commercial and industrial development located 6. The concept for a conservation or riparian buffer along Hitchcock Creek and the north and south prongs of Falling Creek was identified as an objective in Shaping Our Future: 2012 (the City's Land Use Plan adopted in 2002) and remained an objective in the updated version Shaping Our Future: 2023. Additionally, the importance of establishing riparian buffers was noted in the City's Hazard Mitigation Plan adopted in 2009, and the Hitchcock Creek' Watershed Assessment completed in 2006. The purpose of the proposed riparian buffer is to preserve a natural area that assists in filtering sediment and pollution from surface run-off prior to entering the stream channels and thereby improve water quality. City staff has proposed generally a 50-foot wide strip along the outside boundary of the floodway be zoned 0-S to serve as this conservation or riparian buffer. In the opinion of City staff, a 50-foot wide buffer should be adequate natural area to help filter sediment 7. Other areas included in the 0-S zone besides the floodway areas and 50-foot riparian buffer areas include lowland areas as discerned from contour data and aerial photography; areas with standing water as identified from aerial photography; and areas around the confluence of smaller stream  which are discussed below.  (1) foot."  within 50 feet of the floodway boundary (the proposed riparian buffer).  and pollution from surface run-off prior to entering the stream channels.  tributaries with the main creek channels.  Staff Comments (Study Area 9 = Between the Pee Dee Lake Bed and Roberdel Dam) 8. Study Area 9 includes the portion of Hitchcock Creek between the upper portion of the Pee Dee Lake bed and Roberdel Dam. Maps illustrating the existing zoning and proposed zoning are included in the agenda packet. An aerial map of the study area is also included in the agenda packet. 9. The section of Hitchcock Creek in this study area includes very little development. A comparison of the current and proposed 0-S zone boundaries on the aerial map indicates no major changes are  proposed - only minor shifts and adjustments for the 0-S zone in Study Area 9.  Staff Recommendation:  City staff recommends the Board review the proposed changes in the O-S zoning district boundaries and adjacent zoning district boundaries. If the Planning Board is comfortable with the proposed changes,  -14-    then City staff recommends the Board recommend City Council rezone all properties as indicated on the  "proposed zoning" maps.  Planning Board Recommendation:  The Planning Board reviewed the request on August 5, 2014 and recommended unanimously that the City Council rezone all properties as indicated on the' "proposed zoning map" in Study Area 9.  -15-    Existing Zoning District Boundaries along Hitchcock Creek (Betweent the Peel Deel Lake Bed andF Roberdel Dam)  Map Scale 1"= 550'  R-20  R-20  R-12  MapF Preparedb by! theCilyofF Rockingham Planning! Department    Proposed Zoning District Boundaries along Hitchcock Creek (Betweent theF PeeD Deel Lake Beda andF Roberdel Dam))  Map Scale 1"=550'  R-20  0-S  R-20  R-12  MapF Prepared byt the City ofRockingham Planning! Department    Aerial Map for Study Area 9 (Between theF Pee Deel Lake! Bed and Roberdel Dam)  Map Scale 1"= 550'  Map Prepared byt the Cityo ofRockingham Planning    John R. Massey, Jr. AICP Planning Director  ROCKINGHAM A CITY LOOKING FORWARD  UASLIIAIERZ3  MEMORANDUM  To: Mayor Steve Morris and City Council Members From: John Massey, Planning Director Date: August 29, 2014  Re: Demolition Ordinance for Dilapidated Dwelling located at 114 Midway Road  City staff recommends the City Council approve a demolition ordinance for the dilapidated dwelling located at 114 Midway Road and identified as Richmond County PIN 7463-19-71-2394. A copy 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 April of 2014. The property owner (McEachern Forest Properties) and parties of interest were notified of a hearing with the Code Enforcement Officer regarding the condition of the dwelling via certified and regular mail; and notice was also posted on the subject property. Representatives for the property owner did attend the hearing. The Code Enforcement Officer issued his findings of fact and directed the property owners to either repair or demolish the dwelling by August 5, 2014. Notice of the findings of fact was provided via certified mail and regular mail; and notice was posted on the subject property. The property owner has  taken no action to date.  514 Rockingham Road, Rockingham, NC 28379 Pho -16- 95 9088 Fax (910) 997 6617 wwwgoroctigham.com    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 oft the City of Rockingham finds that the dwelling described herein is unfit for human habitation under the City Housing Code, and that all the procedures of the Housing Code WHEREAS, this dwelling 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 dwelling, McEachern Forest Properties has been given a reasonable opportunity to bring the dwelling up to the standards of the Housing Code in accordance with G.S. 160A-443 (5) pursuant to an order issued by the Building Inspector on May 7, 2014, and the owner  have been complied with; and  has failed to comply with the order;  NOW, THEREFORE, BEI 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 114 Midway Road and identified by Richmond County The Building Inspector is hereby authorized and directed to proceed to remove or demolish the above described dwelling in accordance with his order to the owner thereof dated May 7, 2014, and in accordance with the Housing Code and 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 dwelling 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# 7463-19-71-2394.  Section 2.  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.  -17-    Section 4.  Its shall be unlawful for any person to remove or cause to 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  2014  Mayor  Attest:  City Clerk  NORTH CAROLINA RICHMOND COUNTY  I,a Notary Public of the County and State aforesaid, certify that Gwendolyn F. Swinney 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 as its City Clerk.  Witness my hand and official stamp or seal, this  day of  2014.  Notary Public  My Commission expires:  -18-        DEPARTMENTAL ACTIVITY REPORTS  for  COUNCIL'S INFORMATION  -19-    ROCKINGHAM ASEXEEEEASAPSSXETENCNIE A CITY LOOKING FORWARD  To: From: Date: Subject:  Monty Crump, City Manager  Dave Davis, Parks and Recreation Director  September 2, 2014 Activity Report  The following is an update on current Parks and Recreation Activities. Youth Soccer = Everything is on go as we begin on twenty-second season this coming Saturday, September 6th. If everything progresses accordingly we should  complete our season the middle of October.  Youth Volleyball = Registration for the second season of this relatively new program begins Monday, September gth. After last year's unexpected large enrollment we look forward to seeing what this year will bring. Hinson Lake - Reservations are in place for every week-end through  December 6th.  514 Rockingham Road, Rockingham, NC 28379 Phor -20- 5 9088 Fax (910) 9976617-www.gorockingham.com    Fire Denartment  ROCKINGHANI ALMEITIAAA 54E5 A cITY LOOKING FORWARD  August-14  We are pleased to submit the monthly fire report on the activities undertaken by the Rockingham  Fire Department during the month of August 2014.  Total Alarms: Turn In Alarms: Wrecks: Smoke Scare: Power line down: 3 Service Call: Lighting Strike:  62 2 14 1 1 0  In Town: Silent Alarms: Alarm Malf: Vehicle fire: Mutual Aid/Water rescue: 1 Co detector: Bomb threat:  61 60 18 2 - 0  Out of Town: Structure: Good Intent: Grass/Brush: Gas Leak/Spill: Assist Police: Electrical:  1 1 14 2 1 1 1  Hours Spent on Calls: 22 hours 13 minutes Total Property Exposed to Fire: Total Property Damaged by Fire: Total Property Save:  $364,000.00 $19,500.00 $344,500.00  During the month of August full time members oft the fire department: averaged 53 training hours  per person; part-paid members averaged 4 hours per person for the month.  Public Life & Safety: -Installed 12 car seats Inspections: 111 -2 station tours: 6 adults and 13 kids Hosted 1 CPR classes  -Sparky visited vacation bible school on Cauthen Drive  Respectfully Submitted, Haweiboles Fire Chief Harold Isler  -21-  231 South Lawrence Street, Rockingham, Ivv  Phone (910) 997-4002-Fax (910)997-4573    ROCKINGHAM ACITY LOOKING IMETEELTET FORWARD  Rockingham Police Department  W.D. Kelly, Chiefof Police To: Monty Crump From: W. D. Kelly  Chief of Police Date: September 2, 2014 Ref: August 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: Animal Control Calls: Alarm Calls Escorts: Unlock Vehicles: Charges Generating Arrest: Felonies: Misdemeanors: Drug Violations: Juvenile: Warrants Served: Citations:  1164 61 139 85 114  43 138 18 o 147 373  Accidents Reportea/Investigatet: Property Damage only: Personal Injury: Officer Hours Spent in Court: Officer Training Hours Logged Items of Interest  55 04 42 218  Our summer patrols in the Cauthen Drive area went extremely well, this summer was a quiet one. In conjunction with Crown Pointe Apartments and Gardenwood Apartments, the children were invited to popcorn and movie days at the E. R. Martin building, and the closing of summer fun was a great success with school supplies  and hot dogs for the children.  311E.. Franklin, Street, Rockingham, N.C. 28379. Phor 22- 5-2468 Fax (910) 895-089wwwgorockinghampd.com