City ofl Mount. Airy Regular Board Meeting November 7, 2024 6:00 pm Council Chamber Municipal Building 300 South Main Street Mount. Airy, N.C. This Meeting will be heldi in the Council Chamber oft the Mount Airy Municipal Building and also virtually by viewing through the following Zoom link: ntrs/SV2web.zcom.t181630932462 using password COMA: ifprompted. You may also view this meeting vial Facebook Live by connecting to the City's Facebook page The City ofMount. Airy, NC. Link willl be posted on www.mountairyorg the day oft the meeting. AMENDED AGENDA Welcome and Call to Order.. Invocation.. Pledge of Allegiance. Mayor Jon Cawley Commissioner Wood Everyone Items for Discussion and Possible Action 1.) APPROVAL OF AGENDA: 2.) CONSENT AGENDA: The consent agenda is comprised of matters of routine business that do not require discussion by the Board. Items included on this agenda are indicated with an asterisk (*) and will all be considered with one motion by the Board. Should a Board member wish to remove an item from the consent agenda, that item will be considered in its listed place on the agenda. a) **Approval ofl Minutes: October 3, 2024 Regular Meeting b) **Resolution Approving' Tax Releases: Resolution No. 2025-025 **Ordinance Amending Article V-Section 11 oft the City of Mount Airy Personnel Policy: Ordinance No. 2025-010 3.) PUBLIC HEARINGS: 4.) RECOGNITIONS: a) 5.) PRESENTATIONS: 6.) PUBLIC FORUM: 8.) OLD BUSINESS: 9.) NEW: BUSINESS: American Indian Month Proclamation 7.) ITEMS REMOVED FROM CONSENT AGENDA: a) Resolution Accepting NC Department of Commerce Grant for Westwood Industrial Park Site Development b) Resolution Authorizing Signatory Authority for NC Department of Commerce Grant: Resolution No. c) Resolution Authorizing Upgrades to Lighting at Westwood Park: Resolution No. 2025-028 d) Ordinance to Demolish Property Located at 654 Willow Street: Ordinance No. 025-011 e) City of Mount Airy Water Quality Update: Mitch Williams, Public Works Director Project: Resolution No. 2025-026 2025-027 10.) OTHER BUSINESS: a) Set' Time of December 5, 2024 Regular Board Meeting to 5:00 pm to. Accommodate for Christmas Tree Lighting Ceremony a. City Council b. City Manager City. Attorney 11.) REMARKS BY OFFICIALS: 12.) CLARIFICATIONREBUTTAL BY MAYOR. AND CITY COUNCIL: 13.) ADJOURNMENT: MOUNT AIRY, NORTH CAROLINA REGULAR MEETING MINUTES October 3, 2024 MEMBERS PRESENT: Mayor Jon Cawley, Commissioners Chad Hutchens, Deborah Cochran, Tom Koch, Marie Wood and Phil Thacker Mayor Cawley welcomed everyone and called the meeting to order. APPROVALOF AGENDA: CONSENT AGENDA: Commissioner Koch made the motion to approve the agenda and it was passed unanimously. On motion by Commissioner Thacker and passed unanimously, the following items were a) RESOLUTION 2025-021-RESOLUTION AUTHORIZING STAFF TO MAKE approved by way of Consent Agenda: APPLICATION FOR NC DEPARTMENT OF COMMERCE RC2GRANT: RESOLUTION NUMBER 2025-021 RESOLUTION AUTHORIZING STAFF TO MAKE APPLICATION FOR NC DEPARTMENT OF COMMERCE RC2 PROGRAM GRANT WHEREAS, the City Manager is requesting permission and support to make application for a North Carolina Department of Commerce RC2 Program grant in the amount ofup to $50,000 with no local match required; and wayfinding signage in the downtown area; and WHEREAS, this funding, if awarded, will be used to assist with the cost of WHEREAS, it is staff recommendation to authorize the application for said NC NOW, THEREFORE BE IT RESOLVED BY THE CITY OF MOUNT AIRY Department of Commerce grant: BOARD OF COMMISSIONERS MEETING IN OPEN SESSIONTHAT: Section 1. The Board of Commissioners does hereby authorize the City Manager to make application for a North Carolina Department of Commerce RC2 Program grant in the amount of up to $50,000. Ifawarded, the grant funds will be used to assist with the cost of wayfinding signage in the downtown area. Section 2. This resolution shall become effective upon approval. Approved and adopted this the 3rd day ofOctober, 2024. (end of consent agenda) PUBLIC FORUM: Mayor Cawley declared the Public Forum open for comments. Susan Patterson, Franklin Street Business Owner (city resident): Asked when the Franklin Street Streetscape Project will start, how long will it last, and how long the businesses will need to be closed. Also asked about unloading and loading on Franklin Street for restaurants. Cliff Aldridge, 1043 N Main Street (city resident): Thanked the first responders who worked during the storm getting the streets cleaned up. Spoke about speeding on North Main Street Alan Bagshaw, 1022 N. Main Street (city resident): Informed everyone there will be a warming station at Trinity Episcopal Church during the winter for those who are less fortunate. There are three training sessions planned for those who want to volunteer. All volunteers are required to attend at least one oft the trainings to be eligible to volunteer. John Pritchard, 128 Ridgecrest Drive (city resident): Complimented the Public Works Department for the cleanup after the storm. There are things going on that are concerning to him. An existing City board member usually does not endorse candidates because they must work together after the election. During this election cycle, there is a board member campaigning and working the polls for a candidate. County Commissioners are doing the same, with one being the husband of a candidate. An example-the County board approved funding for the Shepherd's House of which one of the County board members wife is on the Shepherd's House Board. A question is should he have abstained from voting for this. Even Craig Smith, 235 Pine View Drive (city resident): Thanked Mitch Williams and the Public Melissa Hiatt (non-city resident): Mentioned that she says good morning to everyone she meets in Mount Airy. One gentleman she spoke to said he would be retiring in three years and was going to consider retiring to Mount Airy because the people are very friendly. Seeing no other speakers, Mayor Cawley declared the Public Forum closed. and asked the Board to come up with a solution to this problem. though something isn't illegal, it doesn't mean it should be done. Works employees for the storm clean up. They did a great job. OLDBUSINESS: a) Resolution 2025-018-Resolution Designating Section of Franklin Street one-way Going On motion by Commissioner Wood and passed unanimously, Resolution 2025-018 was taken Commissioner Cochran asked questions citizens have asked her about the Franklin Street Streetscape Project. These questions were answered by the City Manager and City staff. On motion by Commissioner Koch and passed unanimously, Resolution 2025-018 was passed. West from Main Street to Willow Street: off the table for discussion. RESOLUTION NUMBER 2025-018 RESOLUTION DESIGNATING SECTION OF FRANKLIN STREET AS ONE-WAY One-Way Going West from Main Street to Willow Street WHEREAS, the City of] Mount Airy plans to construct a conference center behind the WHEREAS, the City proposes to make Franklin Street a one-way street going west from Main Street to Willow Street to provide traffic calming measures and accommodate the Balladeer Hotel at the Spencer's Mill Redevelopment site; and proposed new conference center and hotel project: NOW, THEREFORE BE IT RESOLVED BY THE CITY OF MOUNT AIRY BOARD OF COMMISSIONERS MEETING IN OPEN SESSIONTHAT: Section 1. The Board of Commissioners does hereby approve designating a section of Section 2. The Board of Commissioners does hereby direct the Chief of Police to provide Franklin Street one-way going west from Main Street to Willow Street. appropriate signage and markings painted or erected indicating this portion of Franklin Street is now a one-way street. Section 3. The Board of Commissioners does hereby direct City staff to contact the NC perimemflampetatin toi inform them oft this change. Section 4. This resolution shall become effective upon approval. Approved and adopted this the 3rd day of October, 2024. NEW BUSINESS: a) Resolution 2025-022-Resolation Awarding Construction Contract for Mount Airy Public Darren stated this project is to upfit the interior of the facility along with exterior On motion by Commissioner Hutchens and passed unanimously, Resolution 2025-022 was Library Renovations Project: landscaping. approved. RESOLUTION NUMBER 2025-022 RESOLUTION AWARDING MOUNT AIRY PUBLICLIBRARY RENOVATION PROJECT TO SIMCON COMPANY, LLC WHEREAS, the City of Mount Airy was allocated $1,500,000 in State funding for the WHEREAS, City staff advertised for Request for Proposals and received six (6) WHEREAS, after careful evaluation of each proposal, it is staff recommendation to award the Mount Airy Public Library Renovation Project contract to Simcon Company, LLC for the base bid of$1,243,900 and a total bid of $1,324,900 (with alternates 1&2): renovation and construction ofthe Mount Airy Public Library; and qualified proposals; and NOW, THEREFORE BE IT RESOLVED BY THE CITY OF MOUNT AIRY BOARD OF COMMISSIONERS MEETING IN OPEN SESSION THAT: Section 1. The Board of Commissioners does hereby award the Mount Airy Public Library Renovations Project contract to Simcon Company, LLC for the base bid of$1,243,900 and a total bid of$1,324,900 (with alternates 1&2). Section 2. The Board of Commissioners does hereby authorize the Mayor to execute said contract per review and approval by the City Attorney. Section 3. This resolution shall become effective upon approval. Approved and adopted this the 3rd day of October, 2024. b) Resolution 2025-023-esolnation Approving Development and Incentive Agreement for Hugh Campbell reviewed the Development and Incentive Agreement between the City of On motion by Commissioner Cochran and passed unanimously, Resolution 2025-023 was "Project Vista": Mount Airy and Barnhardt Manufacturing Co. for "Project Vista". approved. RESOLUTION NUMBER 2025-023 RESOLUTION APPROVING DEVELOPMENT AND INCENTIVE AGREEMENT BETWEEN CITY OF MOUNT AIRY AND BARNHARDT MANUFACTURINGH CO. (Project Vista) WHEREAS, the City of Mount Airy desires to promote economic growth and development within the Corporate Limits and desires to accelerate the quality and quantity of economic growth and employment opportunities; and WHEREAS, on June 20, 2024, the City Board of Commissioners approved incentives WHEREAS, it is staff recommendation to approve a Development and Incentive Agreement between the City and Barnhardt Manufacturing Company for "Project Vista": NOW, THEREFORE BE IT RESOLVED BY THE CITY OF MOUNT AIRY to" "Project Vista", which included tax incentives and land donation; and BOARD OF COMMISSIONERS MEETING IN OPEN SESSION THAT: Section 1. The Board of Commissioners does hereby approve the Development and Incentive Agreement between the City of Mount Airy and Barnhardt Manufacturing Company for "Project Vista". Section 2. The Board of Commissioners does hereby authorize the Mayor to execute said agreement per review and approval by the City Attorney. Section 3. This resolution shall become effective upon approval. Approved and adopted this the 3rdday ofOctober, 2024. REMARKSBY OFFICIALS: Commissioner Wood: Asked everyone to be patient regarding the Franklin Street Streetscape Project. The City will communicate with the downtown businesses prior to any of the project being scheduled. Thanked City staff for their help during and after the hurricane. Excited for Commissioner Koch: Asked Mitch Williams how late the Public Works employees were out clearing the streets after the hurricane. Mitch indicated that Public Works staff were out until 3:00 am. Commissioner Koch stated that was incredible. This is a time that everyone should do something to help. Appreciates everyone helping out the western part of the State that was devastated by the hurricane. Asked everyone to pray for those people-there are still Commissioner Thacker: Thanked Public Works, Duke Energy, and all the groups that put the city back together after the hurricane. His heart and prayers go out to the counties in the western part of the state hit by the hurricane. The good people of Mount Airy and the Triad Commissioner Cochran: The issues around Franklin Street connects to the businesses, citizens, and tourists. The board always takes issues seriously with each member doing a lot of research. Bottomley Truck Enterprises had their annual fundraiser to raise money for Brenner's Children's Hospital. The. Autumn Leaves Festival is coming up soon. Commissioner Hutchens: Ditto to all comments. Police, Fire, and Public Works have put in a lot of hours during and after recovery from the hurricane. A local Rescue Squad has sent teams to Ashe County to help in recovery. Iti is nice to see how positive the community is and how united everyone is. Please continue to stay positive and work to represent what Mount Airy's values are. It speaks volumes to see the community come together. Informed Mr. Aldridge that the local police is working on the speeding issue on North Main Street. Darren Lewis: The City staff from Public Works, Grounds Maintenance, Police, and Fire have worked around the clock all weekend. Their work is still not completed-they are working hard to get everything cleared. Thanked everyone for the collection sites to receive items to take to the western part of the state. Mount Airy is a great place tol live. Mayor Cawley: Is more aware now than when he was a commissioner of how diligent the employees are that work for the City of Mount Airy. They have been doing what they do all along. It is inspiring to walk through City Hall to see the Assistant City Manager trying to keep up with 29 grants, Mitch Williams running everywhere and meeting with citizens, Cathy Cloukey at Reeves, and all the city employees working hard. He bragged on the "muscle" of the city. Read a proclamation and presented to Tom Joyce for National the Library project to begin. over 200 missing. are sending supplies and everyone prays for a speedy recovery. Hugh Campbell: No comments. Journalism Month. CLOSED SESSION: session. OPENS SESSION: a) Pursuant to NCGS 143-318.11 (a)(3) Attorney-Client Privilege On motion by Commissioner Koch and passed unanimously, the board entered into closed On motion by Commissioner Wood and passed unanimously, the Board entered back into open session with no further action. ADJOURNMENT: On motion by Commissioner Koch and passed unanimously, the meeting was adjourned. Approved and adopted this the 7th day of! November, 2024. Jon Cawley, Mayor ATTEST: Melissa N. Brame, City Clerk RESOLUTION NUMBER 2025-025 Al RESOLUTION Approval ofTax Releases WHEREAS, a list of taxes to be released has been submitted by the Revenue Collections Supervisor in her capacity ofTax Collector for the City ofMount Airy Finance Department; and WHEREAS, North Carolina General Statute 105-373 provides for settlement of such taxes; and WHEREAS North Carolina General Statute 105-381 provides for release or refund oft taxes; and NOW THEREFORE BE: IT RESOLVED BY THE CITY OF MOUNT AIRY BOARD OF Section 1. Said taxes be released or refunded in accordance with said statutes for the reasons Section 2. This Resolution shall become effective upon approval by the Board of COMISSIONERS MEETING IN OPEN SESSION THAT: stated on the attached list. Commissioners of the City ofl Mount Airy. Adopted this 7th day ofNovember, 2024. Jon Cawley, Mayor ATTEST: Melissa N. Brame, City Clerk Date: 7-Nov-24 To: :ofCity of Mount Airy Michele McDaniel, Tax From: Collector Release and Refund ofCity Re.: Property Taxes TAX AMOUNT Late Account Taxpayer 2024- General Fund Oakley, Jonathan 35388 Samson 2023- General. Fund Oakley, Jonathan 35388 Samson 2023- General Fund 0 2023- General Fund 0 Value Real Advertising Personal Listing Total Reason per county 2024 taxes was billed & paid inl Rockingham Co. 33,197.00 199.18 16.08 215.26 per county 2023 taxes was billed & paid inl Rockingham Co. 33,197.00 199.18 16.08 215.26 Total 66,394.00 398.36 32.16 430.52 Grand Total 66,394.00 398.36 32.16 430.52 ORDINANCE NUMBER 2025-010 ORDINANCE AMENDING ARTICLE VS SECTION. 11 OF THE CITY OF MOUNT AIRY PERSONNEL POLICY BEITORDAINED, that the City of Mount Airy Personnel Policy be amended as follows: Section 11. Technology Policy (Formerly Electronic Communications) The City maintains electronic communications systems (e.g. voicemail, email, internet access) and provides access to telephones, computers, tablets, cell phones or other electronic equipment to assist Employee access to the City's electronic resources requires responsibilities and is subject to relevant City policies and Local, State and Federal laws. This equipment is for business use and any personal use must be brief, infrequent, not interfere with other employees' work (i.e. personal mass emails) and be ofno cost to the City. Employees are expected to use discretion and be brief when using City cell phones for any personal phone calls. In no instance shall City technology resources be used to operate aj personal The City shall not permit emplovees, clected officials, or appointees to view or send pornography on devices owned, leased, maintained or ofherwisc controlled bv the Citvof Mount Airy nor to access the city's network, wifi, or any other connection, regardless of Certain employees might need to view material that would be considered pornography in order to carry out their official job duties. The City does not prohibit the viewingof pornography on a city-issued device or network by any emplov ee who is engaged in any of the following activities in the course of performing official job luties: Investigating or prosecuting crimes, offering or participating in law enforcement training, or performing actions related to other law enforcement purposes; employees while conducting business for the City. business, for political activity, or for solicitation of any kind. what device is used, to view or send pornographic material. Identifying potential security or cybersecurity threats; Protecting human life; implementing NCGS 143-805; Establishing, testing, and maintaining firewalls, protocols, and otherwise Participating in judicial or quasi-judicial proceedings: fulfill the requirements of the employee's official duties. Researching issues related to the drafting of analysis of state laws as necessary to Under no circumstances may employees use City electronic equipment to view, send or receive any material that might be considered offensive to someone based on their race, religion, color, sex, national origin, sexual orientation, transgender status, age, veteran status, marital status, political affiliation, Under North Carolina law, email sent or received by the City, except in limited circumstances, is considered aj public record and is subject toi inspection on request by the public. All information created, stored or transmitted on or with any City resource is the property oft the City, and no employee shall have disability, or genetic information. an expectation of privacy with regard to their use of any oft these systems or devices. The City reserves the right to inspect or audit any documents, emails or messages sent or received on the City's equipment. Each employee is responsible, in coordination with the employee's department director, for the security and integrity of City information stored on the computer(s) assigned to the employee. Employees will not download information from a website or install any software on City computers, phones, etc., unless Employees may use personally owned technology equipment, such as cell phones or smart phones, etc., while on the job provided such use is limited and does not distract from or interfere with an employee's obligation to carry out City duties in at timely and effective manner, does not interfere with other employees or officials performing their duties, does not undermine the use ofany City technology resource, and provided that such use does not otherwise violate City policies and procedures. Employees who learn ofany misuse or violations oft this electronic communications policy should immediately notify their Supervisor, Department Director, or the City Manager. The city shall report to the State ChiefInformation Officer,in he format required by the State Chief Information Officer, annually by August 1 cach Mu ar,all umauthorized viewing orattempted viewing of pornography on the City's network or devices. This policy will be effective on January 1,2025. Emplovees. clreted officials. and appointees of the City ofMount Airy who have pornography SII ved to devices owned, leased, maintained or otherwise controlled by the city arereg red to re move, delete. or uninstall that pornography by this date. This provision does not apply aV official or employee engaged in any of the activities described above in ses ction (b) and listed in NCGS Violation of the expectations contained in this electronic communications policy may result in authorized by the City Manager. 143-805 (d) in the course oft that official's or employee's duties disciplinary action, up to and including dismissal. NOW, THEREFORE BE IT ORDAINED BY' THE CITY OF MOUNT AIRY BOARD OF COMMISSIONERS MEETING IN OPEN SESSION THAT: Section 1. The Board of Commissioners does hereby approve the amendment to Article V-Section 11 ofthe City of Mount Airy Personnel Policy. Section 2. This ordinance shall become effective upon approval. Approved and adopted this the 7th day ofl November, 2024. Jon Cawley, Mayor ATTEST: Melissa N. Brame, City Clerk Memorandum OFTHE CITp On To: Darren Lewis, City Manager From: Susan Jones, Human Resources Director Date: October 30, 2024 Personnel Subject: 1885 = Section Policy 11. Electronic Communications CETHICARDILF Inc compliance with a new: state law, we are updating our Electronic Communications policy, Section 11 in Article V. Conditions of Employment. Effective October 1,2024, North Carolina prohibits local governments, state agencies, the judicial branch, and the legislative branch from allowing pornography to be viewed on their networks or devices. Our policy has been updated to reflect G.S. 143-80(c) that requires each public agency to adopt aj policy governing the use ofi its network, as well as the use of devices owned, leased, maintained, or otherwise controlled by the City of Mount Airy, no later than January 1, 2025. Italso contains some important exceptions for employees and officials who might need to view pornography (as that term is defined by this new law) as part oft their official duties. The section title will change to Technology Policy since it will cover more than electronic communications. RESOLUTION NUMBER 2025-026 RESOLUTION ACCEPTING NCI DEPARTMENT OF COMMERCE GRANT BE IT RESOLVED, that a grant from the NC Department of Commerce, through the City of Mount Airy, be made to assist with the Westwood Industrial Park Site Development Project. BE IT FURTHER RESOLVED, that City of Mount Airy will administer this grant BE IT FURTHER RESOLVED, that the City of Mount Airy will administer this BE IT FURTHER RESOLVED, that the grant will be monitored quarterly to assure BE IT FURTHER RESOLVED, that the amount of the grant application is BEITFURTHER RESOLVED, BY THE CITY OF MOUNT AIRY BOARD OF in accordance with the rules and regulations of the NC Department of Commerce. grant through the City Finance Office. compliance with this proposal and NC Department of Commerce regulations. $1,102,500. COMISSIONERS MEETING IN OPEN SESSION THAT: Section 1. The Board of Commissioners does hereby accept a grant from the NC Department of Commerce in the amount of $1,102,500. These funds will be dedicated for infrastructure needs (including water, sewer, and road construction) for the Westwood Industrial Park Site Development Project. Grant Agreement per review and approval by the City Attorney. Section 2. The Board of Commissioners does hereby authorize the Mayor to execute said Section 3. This resolution shall become effective upon approval. Approved and adopted this the 7th day of November, 2024. Jon Cawley, Mayor ATTEST: Melissa N. Brame, City Clerk RESOLUTION NUMBER 2025-027 RESOLUTION AUTHORIZING SIGNATORY AUTHORITY FOR NCI DEPARTMENT OF COMMERCE GRANT WHEREAS, the City of Mount Airy has been awarded a grant from the NC Department of Commerce in the amount of $1,102,500, which will be used to address infrastructure needs for the Westwood Industrial Park Site Development Project; and WHEREAS, the grant requires the City to select four (4) individuals to be listed on the Signatory Form and Certification to be authorized to sign requisitions for IDF Funds documents: NOW, THEREFORE BE IT RESOLVED BY THE CITY OF MOUNT AIRY BOARD OF COMMISSIONERS MEETING IN OPEN SESSION THAT: Section 1. The Board of Commissioners does hereby authorize the following individuals tol bel listed on the Signatory Form and Certification: C.I Darren Lewis, City Manager Sherri Coalson, Finance Director Pamela M. Stone, Assistant City Manager Jon Cawley, Mayor Section 2. This resolution shall become effective upon approval. Approved and adopted this the 7th day of November, 2024. Jon Cawley, Mayor ATTEST: Melissa N. Brame, City Clerk RESOLUTION NUMBER 2025-028 RESOLUTION AUTHORIZING UPGRADES TO LIGHTING AT WESTWOOD PARK SOFTBALLFIELD WHEREAS, the Mount Airy Parks and Recreation Department allocated funds in the current FY 2024-2025 budget to upgrade the lighting for the softball field at Westwood Park; and upgrades; and WHEREAS, City staff advertised for bids and received three (3) quotes for these WHEREAS, City staff recommends awarding the Westwood Park Softball Field WHEREAS, this project was allocated in the current budget; therefore, no additional NOW, THEREFORE BE IT RESOLVED BY THE CITY OF MOUNT AIRY Lighting Project to CW Electric for the cost of $154,900; and funds will be needed to complete this project: BOARD OF COMMISSIONERS MEETING IN OPEN SESSION: THAT: Section 1. The Board of Commissioners does hereby award the Westwood Park Softball Section 2. The Board of Commissioners does hereby authorize execution of documents Field Lighting Project to CW Electric for the cosl. of $154,900. necessary for said project per review and approval by the City Attorney. Section 3. This resolution shall become effective upon approval. Approved and adopted this the 7th day of November, 2024. Jon Cawley, Mayor ATTEST: Melissa N. Brame, City Clerk Mount Airy Parks & Recreation Memo To: Darren Lewis, City Manager From: Peter Raymer, Parks & Recreation Director Re: Lighting Request for Westwood Softball Field Date: 11/1/2024 Mount Airy Parks & Recreation is requesting approval to move forward with CW Electric to upgrade dated ballfield lighting for' Westwood Park in the amount of $154,900. Mount Airy Parks & Recreation has received 3 quotes from reputable These funds have been allocated in the 2024 - 2025 Capital Improvement Plan and We are excited about this opportunity to accomplish the ballfield lighting project that vendors and CWI Electric was the lowest responsible bidder. no additional funds will be needed to complete this project. will improve the quality of life for our residents and visitors. 1 ORDINANCE NUMBER 2025-011 AN ORDINANCE DIRECTING THE HOUSING INSPECTOR TO REMOVE OR DEMOLISH THE PROPERTY HEREIN DESCRIBED AS UNFIT FOR HUMAN HABITATION AND DIRECTING THAT Al NOTICE! BEI PLACED THEREON THAT' THESAME MAY NOT BE OCCUPIED WHEREAS, the City of Mount Airy finds that the dwelling described herein is unfit for human habitation under Chapter 4 Article V of the City of Mount Airy Code of Ordinances; and WHEREAS, this structure should be removed or demolished as directed by the Code Enforcement Officer and should be placarded by placing thereon a notice prohibiting use for human habitation; and WHEREAS, the owner of this dwelling has been given a reasonable opportunity to bring the dwelling up to the standards of Chapter 4 of the City of Mount Airy Code of Ordinances in accordance with NCGS 160D-1203 pursuant to an order issued by the Code Enforcement Officer on July 22, 2024 and the owner has failed to comply with the order: NOW, THEREFORE BE IT ORDAINED by the City of Mount Airy Board of Commissioners that: Section 1. The owner of such building(s), dwelling(s), and premises is hereby ordered to vacate any occupants or personal property therein on or before December 7, 2024. Section 2. The Code Enforcement Officer has placed a placard containing the legend: "This building is unfitfor human occupancy; the use or occupation ofthis building for human habitation is prohibited and unlawful." on the building located at the following address: 654 Willow Street (5020-11-66-2933) Section 3. The Code Enforcement Officer is hereby authorized and directed to proceed with the removal or demolish the above described structure in accordance with his order to the owner thereof dated the 22nd day of July, 2024 and in accordance with Chapter 4 Article V of the City of Mount Airy Code of Ordinances and NCGS 160D-1203. Section 4. a) The cost of removal or demolition shall constitute a lien against the real property upon which the cost was incurred. The lien shall bei filed in the office of the City Finance Department, and shall have the same priority and be collected in the same manner as the lien for special assessments in. Article 10 of NCGS Chapter 160A or as otherwise allowed by law. Upon completion of the required removal or demolition, the Code Enforcement Officer shall sell the materials of the dwelling and credit b) the proceeds against the cost of removal or demolition. The Code Enforcement Officer shall certify the remaining balance to the City Finance Department. Ifa surplus remains after the sale of the materials and satisfaction of the cost of removal or demolition, the Code Enforcement Officer shall deposit the surplus where it shall be secured and disbursed in the manner provided in NCGS 160D-1203. Section 5. It 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 tol be unfit for human habitation. Approved and adopted this the 7th day of November, 2024. Jon Cawley, Mayor ATTEST: Melissa N. Brame, City Clerk City ofMount Airy November 7, 2024 Staff Report November 1, 2024 To: From: Subject: Board of Commissioners Meeting City of Mount Airy Board ofCommissioners Code Enforcement Consideration of Demolition Ordinance for 654 Willow St. (MH-24-010) A.ACTION REQUESTED BY BOARD OF COMMISSIONERS Motion to approve the ordinance directing the Code Enforcement Officer to remove or demolish the structure herein described as unfit for human habitation and directing thata notice be placed upon the structure stating thati it may not be occupied. B.I REQUIRED VOTESTO PASS REQUESTED ACTION Ar majority vote is required to pass the requested action. C.BACKGROUND Owner(s): Cathy Darlene Macy 654 Willow St. Mount Airy, N.C. 27030 Property Address: 654Willow: St. Mt. Airy, N.C. 27030 502011662933 Tax ID: Zoning District: R-6 Request: To demolish structure due to unsafe conditions Notice of Hearing: A notice of a hearing was mailed by certified mail and 1st class mail to the last known address of Cathy Darlene Macy; 654 Willow St. Mount. Airy, N.C. 27030 Hearing: A hearing was held on July 19, 2024 at 10:00 AM to make a determination regarding the condition oft the structure located at 654 Willow St. 2024a and had' been posted unsafe on Monday, March 26, 2024 due to the dilapidated conditions oft thel house following Page 1 ahouse fire on March 25, 2024. Chuck Morris, Code Enforcement Officer was) present for the hearing. The responsible parties for thej property did not to appear for the hearing. OrderofRemedy: An order to remedy the condition oft the: structure by repairingaltering, improving or vacating and demolishing the deteriorated structure" was issued on July 22, 2024. The order requires the owner to demolish or bring the structure up to code within ninety (90) days ofthe hearing date. The order was sent by certified mail and 1st class mail Current Status: The structure has not been brought up to code or demolished. The estimated cost for the demolition oft the house and to clear the loti is $6,280 (See Attached) to thej propertyowner.(See. Attached) D. ATTACHMENTS 1.P Proposed Ordinance 2. Notice ofViolation and Hearing 3. Hearing Results 4. Winning Proposal bid Page 2 BIDI PROPOSALFORI DEMOLITION TO: Chuck) Morris. Codes Enforcement Officer City ofMount Airy 150 Rockford St. Mt. Airy; N.C. 27030 FROM: Vast CoshucianllC 5lconsinla ZAWirg Ne BIDP PRICE: 6280 a2 Ihereby propose to demolish the building located at 654 Willow St., Mount Airy, N.C., which is owned by Cathy Darlene macy, and to. remoye the foundation remains after the demolition. Ifurther agree to clean up the premises, removing all demolition debris, junk; trash and other accumulation of articles on this property. Further, I agree to smooth the lot, filli in all. holes, leaving proper slope for drainage purposes and seed the lot with ar mixture of fescue and. ryef forj proper coverage of grass. If further agree to complete the demolition work and other requirements contained herein within fifteen (15) days from the date oft the contract, ànd that Iv will submit to the City of Mount. My bid price of esla8ldas shown above, willl be submitted tot the City of! Mount Airya copy ofmy Certificate ofI Insurance. Airy when my worki is complete and approved byt the City of Mount Airy. Signature bda tebb - - Date 1-4-3024 THE 1885 RTHCAROL 654 WILLOW ST. THIS BUILDING IS UNFIT FOR HUMAN HABITATION; THE USE OR OCCUPATION OF THIS BUILDING OR OUTBUILDINGS IS PROHIBITED AND UNLAWFUL OCCUPATION OF THIS BUILDING SHALL CONSTITUTE A MISDEMEANOR: REMOVAL OF THIS PLACARD SHALL CONSTITUTE A MISDEMEANOR: BY ORDER OF CODE ENFORCEMENT 336-648-8360 CITY OF MOUNT AIRY NOTICE OF VIOLATION & HEARING 07/08/2024 Name: Mailing Address: Case Number: MACY CATHY DARLENE 654' WILLOW: ST MOUNT AIRY, NC: 27030-0000 MH-24-010 Property Address: 654 WILLOW: ST Property ID Number: 502011662933 Dear MACY CATHY DARLENE: MOUNT AIRY, NC, 27030 The City of Mount Airy has goal of maintaining an orderly and safe community for our citizens and visitors. For this reason the City has Ordinances that define and regulate public nuisances. Ihave received complaints regarding this property. Upon visual inspection I can see that you are in violation of one or more of these Ordinances. You are by this letter served with this Violation Notice. Code Reference Legal Text Corrective Action (a)Every dwelling and dwelling unit used as al human habitation, or held outf for use as al human habitation, shall comply with all of the minimum standards of fitness for human any dwelling or dwelling unit which does not comply with all of the minimum standards of fitness for human habitation and all oft the requirements of sections 4-531 through 4-58 herein. (Ord. of 12-4-97,S3; Ord. No. 2021-038, 6-17-21) The following standards shall constitute the minimum standards for structural condition of a dwelling or dwelling 4-52 MINIMUM habitation and all oft the requirements of sections 4-53 through This property is deemed to be STANDARDS OF 4-58 herein.(b)No person shall occupy as owner-occupant, or uninhabitable. Please do not allow FITNESS let to another for occupancy or use as al human habitation, anyone to enter this property! Code Reference Legal Text Corrective Action unit: 4-53 MINIMUM STANDARDS FOR (1)Walls or partitions or supporting members, sills, joists, STRUCTURAL rafters or other structural members shall not list, lean or buckle, and shall not be rotted, deteriorated, or damaged, and shall not have holes or cracks which might admit rodents.2)Floors or roofs shall have adequate supporting members and strength to be reasonably safe for the purpose used,3)Foundations, foundation walls, piers or other foundation supports.4)Steps, stairs, landings, porches, railings or other parts or appurtenances shall be maintained in such condition thati they will not fail or colapse.)Adequate facilities for egress in case off fire or panic shall be provided. (6)Interior walls and ceilings of all rooms, closets, and hallways shall be finished with suitable materials which will, by use of reasonable household methods, promote sanitation and cleanliness, and shall be maintained in such a manner so as to enable the occupants to maintain reasonable privacy between various spaces.(7)The roof, flashings, guttering, exterior walls, basement walls, floors, and all doors and windows exposed to the weather shall be constructed and maintained so as to weather and watertght/8)There shall be no chimneys or parts thereof which are defective, deteriorated ori in danger of falling, or in such condition or location as to constitute ai fire hazard.(9)There shall be no use oft the ground for1 floors, or wood floors on the ground.0/nsulation shall be installed in the attic or space immediately above each habitable room. Such insulation shall have a minimum R-19 value. (Ord. of 12-4-97, S 4; Ord. No. 2021-038, 6-17-21) Code Reference Legal Text Corrective Action (a)Exterior foundation walls and roofs. Every foundation wall, exterior wall and exterior roof shall be substantially weather-tight and rodent proof; shall be kepti in sound condition and good repair; shall be capable of affording privacy; and shall be safe to use and capable of supporting the load which normal use would cause to be placed thereon. Every exterior wall shall be protected with paint or other protective covering to prevent the entrance or penetration of moisture or the weather.( (b)Interior floors, walls and ceilings. Every floor, interior wall and ceiling shall be substantially rodent proof; shall be kept in sound condition and good repair; and shall be safe to use and capable of supporting the load which normal use would cause to be door, basement or cellar door and hatchway shall be You are hereby requested to Mount Airy Code Enforcement placed thereon.,Windows and doors.Every window, exterior attend a hearing with the City of repair. (d)Stairs, porches, and appurtenances.Every outside The hearing will be held in the and inside stair, porch and any appurtenance thereto shall be Conference Room in the Mount safe to use and capable of supporting the load that normal Airy Police Department located at use would cause to be placed thereon and shall be kept in 150 Rockford St., Mount Airy N.C. 4-57 MINIMUM substantially weather-tight, watertight and rodent proof and Officer on July 19,2024 at STANDARDS FOR shall be kept ins sound working condition and good 10:00am. SAFE good sound condition and good repair.e)Bathroom floors.Every bathroom floor surface and water closet compartment floor surface shall be constructed and maintained sO that it will be reasonably impervious to water and will permit such floor to be easily kept in a clean and sanitary condtion.PSuppled facilities.Every supplied facility, piece of equipment or utility which is required under this article shall be sO constructed or installed that it will function safely and effectively and shall be maintained in satisfactory working condion.gDanagalven, yard shall be properly graded in order to obtain thorough drainage andi to prevent the accumulation of stagnant water.(h)Noxious weeds. Every yard and all exterior property areas shall be kept free of species of weeds or plant growth which are noxious or detrimental to neathn.0Egress.Every dwelling unit shall be provided with adequate means of egress as required by the (Ord. of 12-4-97, $8; Ord. No. 2021-038, 6-17-21) state residential building code. Code Reference Legal Text Corrective Action (a) Screens. In every dwelling unit, for protection against mosquitoes, flies and other insects, every door opening directly from a dwelling unit to outdoor space shall be equipped with screens and a self-closing device. Every window or other device with openings to outdoor space, used or intended to be used for ventilation, shall likewise be equipped with screens. Ifa a central HVAC system is provided, then screens and storm doors are not required.D)Rodent control.When danger ofi infestation is apparent to the Building Inspector, every basement or cellar window used ori intended to be used for ventilation, and every other opening to a basement which might provide an entry for rodents, shall be equipped with screens or such other approved device as will effectively prevent their entrance. (c)Infestation. Every occupant of a dwelling containing a single dwelling unit shall be responsible fort the extermination of any insects, rodents or other pests therein or on the premises; and every occupant of ac dwelling uniti in a dwelling containing more than one infestation is caused by failure of the owner to maintain a dwelling in a rodent proof or reasonable insect proof condition, extermination shall be the responsibility oft the owner. Whenever infestation exists in two or more of the dwelling units in any dwelling ori in the shared or public parts ofa any dwelling containing two or more dwelling units, extermination shall bei the responsibility of the owner.(d)Rubbish storage and disposal. Every dwelling and every dwelling unit shall be supplied with approved containers and covers for storage of rubbish as required by the City ordinances, and the owner, operator, or agent in control of such dwelling or dwelling unit shall be responsible for the removal ofr ubbisn.e/Garbage storage and disposal. Every dwelling and every dwelling unit shall be supplied with an approved garbage disposal facility, which may be an adequate mechanical garbage disposal unit (mechanical sink grinder) in each dwelling unit, or an approved outside garbage can as required by the City of Mount Airy ordinances. (Ord. of 12-4-97, S 9; Ord. No. 2021-038, 6-17-21) 4-58 MINIMUM dwelling unit shall be responsible for such extermination STANDARDS FOR whenever his dwelling unit is the only one infested. Whenever CONTROL Code Reference Legal Text Corrective Action The purpose of these standards is to promote the general welfare by enhancing shared aesthetic values and general visual appearance of the community. These standards also help maintain attractive residential neighborhoods and other areas of the community through the prevention of discordant, unsightly and other objectionable surroundings that offend general well being, promoting tourism revenues, protecting health and safety, preserving the character and integrity of older neighborhoods and the community as a whole, and promoting the comfort, happiness, emotional stability and societal harmony of residents and citizens. (Ord. of 12-4-97, 12; Ord. No. 2021-038, ,6-17-21) 4-61 COMMUNITY sensibilities and debase the visual features of the community APPEARANCE and neighborhoods. These standards also produce corollary STANDARDS benefits by protecting property values, enhancing a sense of Please remember that this is an Official Notice. Its should not be ignored. Your immediate attention is required. Ifthis violation(s) has already been corrected, please notify the Codes Enforcement Officer. Please call if you have any questions. Thank you for your prompt attention to this matter. Sincerely, Ckik Chuck Morris Codes Enforcement Officer (336)648-8360 OFTHE R CITY OF MOUNT AIRY HEARING RESULTS JULY22,2024 Owner: Address: Re: Case Number: Property Address: PIN: Cathy Darlene Macy 654 Willow St Mt.Airy, N.C. 27030 MH-24-010 654 Willow St. Mount Airy, N.C. 27030 5020 11 662933 To All Concerned Parties: Based on notification sent to you on July 8, 2024, the undersigned Code Administrator oft the City of Mount Airy pursuant to law, conducted al hearing/meeting at thet time and place in the heretofore issued and served tot the above named owner and/or their agents. Att the hearing, the answer, ifany ( no one was present to represent the owner), filed by the owner and/or agent were carefully analyzed and considered by the undersigned Administrator. In addition to other evidence presented, the undersigned personally re- inspected the property described above, and such inspection and examination has been considered, along Upon the record and all oft the evidence offered and contentions made, the undersigned Administrator 1. The above named owners in interest with respect to the property listed above were duly served as required by law with written Complaint and notice of Hearing which set forth the Complaint that the premises located at the above address isi in violation oft the City ofMount Airy Code of Ordinance 4-52,53 & 54 and fixed ai time and place for al hearing upon the Complaint as provided by law. The hearing as notified was schèduled for. JULY8, 2024 at 10:00 at the Mt. Airy 3. Due to these conditions, the undersigned Codes Administrator finds thej property described above with other evidence offered at this hearing. does hereby find the following facts: Police. Department located at 150 Rockford St., Mt Airy, N.C. 2. The owner of the property and/or their agent did not attend this hearing. toi meet the standard of"in a state of deterioration". ITIS THEREFORE ORDERED that per City of Mt. Airy Municipal Code Sec. 4-69, the property owner is given Ninety (90) days from the date of this letter to alter and repair this property to bring this property in to conformity with City of Mt Airy Municipal Code Sec. 4-52, 53&5 54. Should this property not be brought into conformity with the mentioned Ordinances, my office will take this Should the City of Mt. Airy choose to order the demolition of this property,you, the owner, will be property before the Board of Commissioners for consideration to demolish. billed for the cost of the demolition. Should you have any questions regarding this Results ofHearing letter, you can call my office at the number Please remember that this is an official notice. It should not be ignored. Your immediate attention is required. Please call ifyou have any questions. Thank you for your prompt attention to this matter. listed below. Regards, Chike Chuck Morris Codes Administrator 336-374-8780