ROCKINGHAM XKGXESTXSXXE A CITY LOOKING FORWARD MAAS  CITY COUNCIL AGENDA May 13, 2014 7:30 p.m.  1. Opening of meeting by Mayor Steve Morris.  2. 3.  Invocation by Reverend Jim Nelson, Pastor of First Baptist Church.  Amendments and Changes to Agenda.  4. Consent Agenda:  A. Disposition of Minutes of the April 8, 2014 Regular Meeting.  B. Tax Collector's Report. (See Pages 5-7)  Informational Items: 1.) Monthly Collection Report 2.) Uncollected Taxes as of April 30, 2014. 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.  1.) Rezoning Request: Set public hearing for an ordinance to re-delineate the boundaries of the Open Space (0-S) zoning district along Hitchcock Creek between N. Lee Street and the upper end of the Pee Dee Lake bed; and to readjust the boundaries of the adjacent zoning districts  accordingly. (See Pages 8-10 & Map Inserts  B. Hold Public Hearing. (none)  C.  Minutes from Various Boards  514 Rockingham Road, Rockingham, NC 28379 Phone -1- 95 9088 Fax (910) 997 6617 www.gorockingham.com    City Council Agenda May 13, 2014 Page 2  6. Consideration of a Demolition Ordinance for the Dilapidated Dwelling located at 218 S. Brookwood Avenue and identified as Richmond County PIN 7473-14-33-5755. (See Pages 11-13 & Photographs  insert)  7. Consideration of adoption of Resolution for Approving Local Water 8. Consideration of approval of acquisition of property contiguous to the Pee Dee Lake Bed from McInnis Family as noted on enclosed map in the amount of $5,000.00. (See Manager's Comments & Map Enclosed  Supply Plan. (See Page 14-15)  Separately)  9. Presentation of proposed FY 2014/2015 Rockingham City Budget. (Proposed FY 2014/2015 Budget document has previously been  delivered.)  10. Set Public Hearing on proposed FY 2014/2015 Rockingham City Budget for regular City Council meeting on June 10, 2014 at 7:30 p.m. at  Rockingham City Hall.  11. Set date and time for FY 2014-15 Budget Work Session/Planning  Retreat.  12. Business by Visitors. 13. Business by City Clerk.  A. List of Upcoming Board Appointments (new and reappointments) enclosed for your review & future consideration). (List enclosed  separately)  14. Business by City Manager. 15. Business by City Attorney. 17. Business by Mayor. 18. Adjournment.  16. Items of discussion by City Council Members.  2-    78  Monty R. Crump City Manager  ROCKINGHAM A  cITY LOOKING FORWARD  MEMO TO: Mayor Steve Morris & City Council  FROM: DATE: RE:  Monty R. Crump, City Manager  May 7, 2014 Agenda Items  REGULAR AGENDA:  8.  Consideration of approval of acquisition of property contiguous to the Pee Dee Lake Bed from McInnis Family as noted on enclosed map in the amount of $5,000.00. (See map enclosed separately)  Inr recent discussions with Richard McInnis he has expressed his family's desire to sell the property noted in red outline on enclosed map. The McInnis family is very supportive of the City's efforts to preserve the Pee Dee Lake Bed and to construct the greenway and blue trail for public use. To that end the McInnis family is offering the City the property located at the end of Love Lane which is a significant access point to the greenway/lake bed at a cost of $5,000.00. The parcel located near L. J. Bell, while not contiguous to lake bed, is a part of deal and will be preserved as green space. The total tax value of these three parcels is$ $26,564.00. The two lots at the end of Love Lane are not in the floodplain and with installation of pump station would be buildable. The McInnis family will gift the $21,546 difference in value (tax value VS sell price) as a donation to the City of Rockingham. Staff recommends that Council approve this acquisition as it is consistent with City goals to preserve open space and add buffers to existing  recreational facilities like Hitchcock Creek/Pee Dee Lake Bed.  3-  514 Rockingham Road, Rockingham, NC 28379. Phone (910) 895 9088 Fax (910) 9976617-www.gorockingham.com    Rockingham, NC  City Council Agenda  SUPPORT DOCUMENTIS    - f 0  0    0  92 2 & E  0  10 5 4 01    5-    UNCOLLECTED TAXES  YEAR 2013 2012 2011 2010 2009 2008 2007 2006 2005 2004 2003  AMOUNT 120,485.28 34,340.12 27,898.44 19,831.04 15,327.28 12,731.85 8,199.62 6,409.65 4,777.62 3,620.72 2,817.51  April 2014  120,485.28 135,953.85 256,439.13  Total Current Year Total Past Years Total All Years    00 8 0 8  9  0 8 DC   4  7-    Staff Report to Planning and Zoning Board  Agenda Item: IV.A May 6, 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 0-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. In 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.  8-    floodway boundary in the 0-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 of 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-1 or 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 O-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 501 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 8 - Between N. Lee Street and the Pee Dee Lake Bed) 8. Study Area 8i includes the portion of Hitchcock Creek between N. Lee Street and the upper portion of the Pee Dee Lake bed. 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. Ar notable change in Study Area 8 for the proposed 0-S boundary relates to the area around Metropol's Statuary, Inc. on US Highway 220. The current 0-S boundary extends up a tributary of Hitchcock Creek to include a significant portion of Metropol's Statuary, Inc. property which makes much of this commercial site a nonconforming use. Most of this site is located outside the floodplain. As part of the re-delineation, City staff has proposed to reduce the 0-S zone in this area and extend the adjacent B-3 zone to include the entire Metropol site, which will make the use a 10. A second notable change is the elimination of the Heavy Industry (I-2) zone at the former Pee Dee #1 mill site and directly across Steele Street. The proposed 0-S boundaries will include the entire  conforming use.  9-    Pee Dee #1 mill site since it is now City-owned and used for passive recreation. The smaller I-2 zoned area directly across Steele Street will be rezoned to High Density Residential (R-7), which is 11. The proposed boundaries of the 0-S zone will encompassed the entire portion of the Pee Dee Lake 12. Other than the above-noted issues, 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 current adjacent zoning. bed owned by the City.  the 0-S zone in Study Area 8. Staff Recommendation: "proposed zoning" maps.  City staff recommends the Board review the proposed changes in the 0-S zoning district boundaries and adjacent zoning district boundaries. If the Planning Board is comfortable with the proposed changes, then City staff recommends the Board recommend City Council rezone all properties as indicated on the  Planning Board Recommendation:  The Planning Board reviewed the request on May 6, 2014 and recommended unanimously that the City Council rezone all properties as indicated on the "proposed zoning map" in Study Area 8.  -10-    VP  Aerial Map for Study Area 8 (Between N. Lees Streeta andt the Peel Deel Lake Bed)  Map Scale 1"=550'  MapPreparedbyt thec Cityo ofRockingham Planning Department    Existing Zoning District Boundaries along Hitchcock Creek (Between N. Lee Street and theF Peel Deel Lake Bed)  Map Scale 1"=550'  -12  0-S  R20  R7A  R-20  I-1  Mapl Prepared City ofRockingham Planning Departn    Proposed Zoning District Boundaries along Hitchcock Creek (Between! N. Lee Street andt theF Peel Deel Lake! Bed)  Map Scale 1"=550'  0-S  R-20  N-7A  0-S  R-20  I-1  Map Prepared by the City Rockingham Planning Department    John R. Massey, Jr. AICP Planning Director  ROCKINGHAM A CITY LOOKING FORWARD  C  MEMORANDUM  To: Mayor Steve Morris and City Council Members From: John Massey, Planning Director Date: May 1, 2014  Re: Demolition Ordinance for Dilapidated Dwelling located at 218 S. Brookwood Avenue  City staff recommends the City Council approve a demolition ordinance for the dilapidated dwelling located at 218 S. Brookwood Avenue and identified as Richmond County PIN 7473-14-33-5755. A copy oft 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 2013. The property owner (Franchesca Harrington) 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 and advertised in the Richmond County Daily Journal. Franchesca Harrington 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 November 6, 2013. Notice of the findings of fact was provided via certified mail and regular mail; and notice was posted on the subject property and advertised in the Richmond County Daily Journal. The property owner has taken no action  to date.  514 Rockingham Road, Rockingham, NC 28379 Pho -11- 95 9088 Fax (910) 997 6617 www.goroctigham.com    -F    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 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, Franchesca Harrington 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 August 7, 2013, and the owner has  have been complied with; and  failed to comply with the order;  NOW, THEREFORE, BE IT ORDAINED by the City Council of 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 218 S. Brookwood Avenue and identified by Richmond 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 August 7, 2013, and in accordance with the Housing Code 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 shail 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  County PIN# 7473-14-33-5755.  Section 2.  and G.S. 160A-443.  Section 3. (a) The cost of removal or demolition shall constitute al lien against the real property  160A  in the manner provided by G.S 160A-446.  -12-    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:  -13-    NCDENR  North Carolina Department of Environment and Natural Resources  Pat McCrory Governor  John E. Skvarla, IlI Secretary  April14,2014  Eddie Byrne, Director City of] Rockingham 514 Rockingham Road Rockingham, NC 28379  Subject: LWSP Meets Minimum Criteria City ofl Rockingham PWSID#: 03-77-015 Richmond County  Dear Mr. Byrne,  This letter ist to notify you that our staff has reviewed thei information contained in the 2012 Local Water Supply Plan (LWSP) update submitted by your office. Since all the required information is complete, the LWSP for the City of Rockingham hereby meets the minimum criteria established in North Carolina General Your water system's 2012 LWSP is now viewable online from the Local Water Supply Plans link at htp/wwwewae.org. The plan has been made available after our best efforts to screen any errors. As a final check, please review and report any mistakes or omissions to the review engineer. Unless notified The 2012 LWSP must next be adopted by your water system's governing board; a model resolution is enclosed for guidance. A copy of the signed resolution must be submitted to Linwood Peele, Chief of our Water Supply Planning Section, at the address printed at the bottom of this letter. The LWSP cannot be considered compliant with the requirements ofNCGS 143-355(1) until an adopted resolution is received. Thank you very much for your efforts to provide your customers with as safe and reliable supply of drinking water. We look forward to continuing to work with you in these efforts. Please contact Vardry E.. Austin at variyausinendemrgoy or (919)707-9002, or Linwood Peele at linxoadpeale@nddemrgowy or (919)707-  Statute 143-355 (1).  otherwise, the Division of Water Resources considers your 2012LWSP complete.  9024, if we can be of further assistance.  Sincerely, ZA  Peele, Supervisor  Division of Water Resources, NCDENR  Enclosure  1611 Mail Service Center, Raleigh, North Carolina 27699-1611 Location: 5121 N. Salisbury SL.F Raleigh, North Carolina 27604 Phone: 919-707-90001FAX:9 919-733-3588 Int -14- vater.org AnE Equal Opportunity Affirmative Action Employer    RESOLUTION FOR APPROVING LOCAL WATER SUPPLY PLAN WHEREAS, North Carolina General Statute 143-355(1) requires that each unit of local government that provides public water services or plans to provide such services shall, either individually or together with other such units of local government, prepare WHEREAS, as required by the statute and in the interests of sound local planning, a Local Water Supply Plan for the City of Rockingham, has been developed and submitted WHEREAS, the City Council finds that the Local Water Supply Plan is in accordance with the provisions ofNorth Carolina General Statute 143-355(1) and that it will provide appropriate guidance for the future management of water supplies for the City of Rockingham, as well as useful information to the Department of Environment and Natural Resources for the development of a state water supply plan as required by statute; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rockingham that the Local Water Supply Plan entitled, City of Rockingham Water Supply Plan, dated 2012, is hereby approved and shall be submitted to the Department of BE IT FURTHER RESOLVED that the City Council intends that this plan shall be revised to reflect changes in relevant data and projections at least once every five years or as otherwise requested by the Department, in accordance with the statute and sound  and submit a Local Water Supply Plan; and  to the City Council for approval; and  Environment and Natural Resources, Division of Water Resources; and  planning practice. This the  day of  2014.  Signature:  M. Steven Morris Mayor  ATTEST:  City Clerk  -15-    DEPARTMENTAL ACTIVITY REPORTS  for  COUNCIL'S INFORMATION  -16-    $  $  -17-        ROCKINGHAM MCRETN A CITY LOOKING FORWARD SHHEENY  To: From: Date: Subject:  Monty Crump, City Manager Dave Davis, Recreation Director  May 6, 2014 Activity Report  The following is an up-date on various activities involving our Recreation  Department:  Youth Baseball/Softball = Regular season play is well under way and everything is progressing smoothly sO far. Hopefully, the weather will continue to be  cooperative.  Summer Program - Registration for our summer programs of Day Camp and Swimming Lessons began Thursday, May 1st. Day Camp will be in session Monday, June 16th through Friday, August gth. The cost is $65.00 per week. Swimming Lessons are divided into three sessions each lasting two weeks. The first session  begins Monday, June 16th. The cost is $40.00.  Lifeguard Training - Red Cross Lifeguard, First Aid, and CPR will conducted at  Browder Park May 19th- May 28th.  Browder Park Pool - Depending on the weather and availability of lifeguards we  plan to open the first of next month.  514 Rockingham Road, Rockingham, NC 28379 . Phor -19 = 15 9088 Fax (910)997 6617 www.gorockingham.com    Fire Department Charles Gardner, Chief  ROCKINGHAM XXX A CITY LOOKING FORWARD  April-14  We are pleased to submit the monthly fire report on the activities undertaken by the Rockingham  Fire Department during the month of April 2014.  Total Alarms: Turn In Alarms: Wrecks: Smoke Scare: Service Call!: Power line down: 0 Assist Ems:  58 1 26 1 1 0  In Town: Silent Alarms: Alarm Malf: Vehicle fire: Aircraft standby: Co detector: Mutual Aid:  56 57 8 2 0 4 0  Out of Town: Structure: Good Intent: Grass/Brush: Gas Leak/Spill: Assist Police: Electrical:  2 0 8 4 1 0 3  Hours Spent on Calls: 27 hours 13 minutes Total Property Exposed to Fire: Total Property Damaged by Fire: Total Property Save:  $1,500.00 $1,000.00 $500.00  During the month of April full time members of the fire department averaged 57 training hours per person; part-paid members averaged 11 hours per person for the month.  Public Life & Safety: installed 3 car seats -Inspections: 78  -Participated in al live burn training in the old Jack's Block and Brick building  -All employees recertified in CPR -28 ground ladders tested and passed -3 station tours with 8 adults and 5 kids Respectfully Submitted, HKR Fire Chief Charles C. Gardner  -Sparky Participated in the Wellness day held at the high school for all Richmond County kindergarten  20-  231 South Lawrence Street, Rockingham, IV  Phone (910) 997-4002. Fax (910).997-4573