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05/20/2008 Regular City Council MeetingCITY OF MONROE REGULAR CITY COUNCIL MEETING 300 W. CROWELL STREET, MONROE, NC 28112 MAY 20, 2008 - 6:30 P.M. AGENDA www.monroenc.or~ 1. Recognitions A. Apri12008 Citizen Recycling Incentive Program Awards B. School Recycling Campaign Awards C. Police Department Promotion -Sergeant Craig Bradshaw 2. City Manager Comments ~- A. Dedication of Fire Station #5 B. Spring Cleaning along Highway 74 C. Elevated Storage Tank Project D. Farewell Reception for Assistant City Manager Mark Donham E. Dedication of Police Firing Range F. Music on Main CONSENT AGENDA The City Council uses a Consent Agenda to consider items that are non-controversial and .`.~ routine. The Consent Agenda ><s acted upon by one motion and vote of the Council. Items may be removed from the Consent Agenda and placed on the Regular Agenda at the request of a Council Member or Citizen. The Consent Agenda contains the following items: 3. Approval/Acceptance of Minutes and Staff Reports A. Minutes of Regular City Council Meeting of May 6, 2008 B. Minutes of Special City Council Meeting of May 13, 2008 with Quality Hill Neighborhood C. Minutes of Historic District Commission Meeting of April 1, 2008 - D. Minutes of Planning Board Meeting of May 7,, 2008 (Draft) E. Minutes of Transportation Committee Meeting of.April 7, 2008 F. Minutes of Customer Service Committee Meetings of January 14, 2008, February 18, 2008, and March 17, 2008 G. City Financial Reports - Apri12008 H. Summary of Contracts Awarded, Approved Change Orders, and Settlement of Claims 4. Resolutions A. Requesting Addition of Portion of Unionville-Indian Trail Road (SR 1367) to North Carolina State-Maintained Secondary Road System B. Honoring Assistant City Manager Mark F. Donham Regulaz City Council Meeting May 20, 2008 Page 56 5. Ordinances A. Amending Code of Ordinances -Chapter 35: Public Safety -Listing of Prostitution -Exclusion Zones (Moved to Regular Agenda as Item # 12) B. Amending Code of Ordinances -Chapter 35: Public Safety -Police Authority Regarding Criminal History Information for Applicants for ABC Permits 6. Budget Amendment -Proposal for Transportation Engineering Services for Downtown Monroe 7. Call for Public Hearing to be Held June 3, 2008 to Consider a Zoning Map Amendment Request (Amendment #2) for Conditional District "Woodland Creek" Located off Secrest Price Road ~"1 8. Call for Special City Council Meeting be Held June 10, 2008 at 5:30 p.m. at First Baptist ~- Church, Main Street at 109 Morrow Avenue, Monroe, North Carolina to Introduce the Downtown Master Plan, Downtown Director, and Members of the Downtown Advisory Board 9. Approval of Territory Agreement with Union Power Cooperative 10. Funding for Helping Hands Program 11. Natural Gas Meter Audit Results ~. REGULAR AGENDA 12. Ordinance Amending Code of Ordinances -Chapter 35: Public Safety -Listing of Prostitution -Exclusion Zones 13. Presentation to Honor Confederate Soldier at Hillcrest Cemetery 14. Petition for Ordinance to Declare Certain Property Unfit for Human Habitation and Demolition at 317 East Morrow Avenue 15. Budget Ordinance -Restoration of 1886 Silsby Steam Fire Engine 16. Ordinance Amending Code of Ordinances -Chapter 93: Public Health Nuisances - Graffiti 17. Capital Improvements Budget Review 18. Public Comment Period A. Jimmy Carter B. Lt. Bryan Gilliard Regulaz City Council Meeting May 20, 2008 Page 57 CITY OF MONROE REGULAR CITY COUNCIL MEETING ~'1 MAY 20, 2008 - 6:30 P.M. -- MINUTES The City Council of the City of Monroe, North Carolina, met in Regular Session in the City Hall Council Chambers, 300 W. Crowell Street, Monroe, North Carolina, at 6:30 p.m. on May 20, 2008 with Mayor Bobby G. Kilgore presiding. Present: Mayor Bobby G. Kilgore, Mayor Pro Tem P.E. Bazemore, Council Members John Ashcraft, Billy Jordan, Lynn Keziah, Dottie Nash, Robert J. Smith, City Manager_ F. Craig Meadows, City Attorney Terry Sholar, and City Clerk Bridgette H. Robinson. Absent: None. Visitors: Adriana Andon, Karen Anderson, Jan Ball, Worth Barbee, Robert Bartlett, Rhett Bolen, Bruce Bounds, Jean Carter, Jimmy Carter, Michael Chapman, Mary Lou Clark, Russ Colbath, Mike Courtney, Adam Craig, Brian DeBois, Jason deBruyn Mark Donham, Don Donahue, Debra C. Duncan, Bradley Evans, Mike Fain, Jim Fatland, Ron Fowler, Travis Furr, Bob Gamble, Bryan Gilliard, T.J. Goforth, Beth Greene, Chris Helms, Wayne Herron, Marty Honeycutt, Michael Huey, John Jackson, Sandra Ketchie, Elkin Lenis, Mike Livingston, Jim Loyd, Jeanne ~`°' MacKay, Bobby Manus, D.C. McCallister, Don Mitchell, David Morton, Quinn Nelson, Chris Plate, Davey Plyler, Joel Pressley, Debra C. Reed, Melinda Secrest, Rodney Secrest, Chad Shoultes, Tina Tague, Mike Torralba, Amy Tyson, David Williams, Leah Williams, Michelle Williams, Jaime Wise, Robby Wright, Kaye Yaffe, and others. Mayor Kilgore called the Regular City Council Meeting of May 20, 2008 to order at 6:30 p.m. A quorum was present. Item No. 1. Recognitions. A. April 2008 Citizen Recycling Incentive Program Awards. Mayor Kilgore recognized the winners of the Citizen Recycling Incentive Program Awards for Apri12008: First Place ($200) - Rodney Secrest and Second Place ($100) -Marvin Tyson. Mr. Secrest will compete with future monthly winners for the annual grand prize of $500 which is being provided by Allied Waste Industries in June 2008. B. School Recycling Program Awards. Mayor Kilgore recognized the participating winners of the School Recycling Campaign: Union Academy (30,000 points); East Elementary School Regular City Council Meeting May 20, 2008 Page 58 (29,000 points); Monroe High School HOSA Club (29,000 points); Monroe Middle School (27,000 points), Benton Heights Elementary School (23,000 points); and, Walter Bickett Elementary School (21,000 points). Each participating school received $1,000. C. Police Department Promotion -Sergeant Craig Bradshaw Mayor Kilgore administered the Oath of Office to Sergeant Craig Bradshaw: I, Craig Alexander Bradshaw, do solemnly swear that I will be alert and vigilant to enforce the criminal laws of this state; that I will not be influenced in any matter on account of personal bias or prejudice; that I will support and maintain the Constitution and laws of the United States, and the Constitution and laws of North Carolina not inconsistent therewith; and that I will faithfully and impartially discharge and execute the duties of my office as a law enforcement officer according to the best of my skill, abilities, and judgment; so help me God. `~. /s/Craig Alexander Bradshaw Item No. 2. City Manager Comments. City Manager Meadows briefed Council on the following: A. Dedication of Fire Station #5. City Manager Meadows thanked everyone who attended the dedication of Fire Station #5 on Sunday, May 18. B. Spring Cleaning along Highway 74. Spring cleaning along U.S. 74 is underway by City streets employees for the upcoming week. n Rock River Road is C. Elevated Storage Tank Pro>lect. The elevated storage_tank project o y underway. D. Farewell Reception for Assistant City Manager Mark Donham. A farewell reception for Assistant City Manager Mark Donham is scheduled for May 27 from 4:00 p.m. to 6:00 p.m. at the Monroe Country Club. E. Dedication of Police Firing Range. The dedication of the Police firing range is scheduled for May 29 from 3:00 p.m. to. 5:00 p.m. F. Music on Main. Music on Main will be held May 29 at 6:30 p.m. in downtown Monroe. CONSENT AGENDA Mayor Kilgore reviewed the Consent Agenda and asked if any member of the Council or citizen would like to have any items moved from the Consent Agenda to the Regular Agenda for discussion. Written background information was provided in advance in the Council Agenda Packets for each item on the Consent Agenda. Council Member Jordan requested that Item #S.A. (Ordinance -Amending Code of Ordinances -Chapter 35: Public (~ Safety -Listing of Prostitution-Exclusion Zones) be moved to the Regular Agenda. No Regular City Council Meeting May 20, 2008 Page 59 further discussion was held. One motion and vote was taken, which included approval of all items on the Consent Agenda, except Item #S.A. -- Item No. 3. ApprovaUAcceptance of Minutes A. Minutes of Regular City Council Meeting of Mav 6, 2008 Council Member Jordan moved to approve the Minutes of the Regular City Council Meeting of May 6, 2008. Council Member Nash seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore ~ NAYS: None (~ . B. Minutes of Special City Council Meeting of Mav 13, 2008 with Quality Hill Neighborhood. Council Member Jordan moved to approve the Minutes of the Special City Council Meeting of May 13, 2008 with the Quality Hill neighborhood. Council Member Nash seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None C. Minutes of Historic District Commission Meeting of April 1, 2008. Minutes of the Historic District Committee Meeting of April 1, 2008 were received as information by Council. ~``~ D. Minutes of Planning Board Meeting of May 7, 2008 (Draft). Minutes of the Planning Board Meeting of May 7, 2008 (Draft) were received as information by Council. E. Minutes of Transportation Committee Meeting of April 7, 2008. Minutes of the Transportation Committee Meeting of Apri17, 2008 were received as information by Council. F Minutes of Customer Service Committee Meetings of January 14, 2008, February 18, 2008, and March 17, 2008. Minutes of the Customer Service Committee Meetings of January 14, 2008, February 18, 2008, and March 17, 2008 were received as information by Council. ., G. City Financial Reports -April 2008. Finance and Administration Director Jim Fatland provided Council with financial reports for April 2008. These items were received as information only and no action was required. H. Summary of Contracts Awarded, Approved Change Orders, and Settlement of Claims. City Manager Meadows advised by memorandum a summary of contracts recently awarded under authority of 0-2001-17 and change orders pursuant to Resolution R-2000-76. There were no Settlement Claims pursuant to Ordinance 0-2004-27. This item was received as information only and no action was required. Regular City Council Meeting May 20, 2008 Page 60 ... ._ Date Name Purpose Fiscal Impact Fund Amount 4/2/08 Online Utility Credit reports General Fund *$4,200 Exchan e Customer Service 4/2/08 Turf Specialties Aerification of greens for Golf Course $5,700 Monroe Count Club FY08 Bud et 4/3/08 Patton's, Inc. Installation of reciprocating General Fund $2,475 air compressor and air piping Fleet FY08 Bud et 4/7/08 Lawrence Associates, Secrest Shortcut Road General Fund Powell $4,000 P.A. Topographic Survey Bill Contracted Services 4/14/08 E and E Commercial To demolish the structure General Fund $11,250 Services, Inc. and property dispose of all Appropriation from debris and provide fill dirt Fund Balance for the property located at 902 East Franklin Street i 4/14/08 Carolina Green Corp. Sod and irrigation on slope at Parks & Recreation $6,620 Parks William Athletic FY08 Budget Com lex 4/14/08 Insituform To perform cured in place Water Resources $96,464 Technologies, Inc. lining rehabilitation of FY08 Budget sanitary sewer mains that are not being completed via the Ci 's i e burstin rogram 4/14/08 Champion Turf Farms Sprigging of front nine Golf Course $19,300 greens for Monroe Country FY08 Budget Club 4/15/08 Dellinger, Inc. AeroPointe Industrial Park General Fund Capital $8,375 (Change Order) Pro'ects FY08 Bud et TOTAL $158,384 Item No. 4. Resolutions. A. Requesting Addition of Portion of Unionville-Indian Trail Road (SR 1367) to North Carolina State-Maintained Secondary Road System. Engineering Director Jim Loyd advised by memorandum that the North Carolina Department of Transportation (NCDOT) had received a petition from the developer of the Glendalough subdivision requesting the addition of the `~ relocated portion of Unionville-Indian Trail Road (SR 1367) to the State-Maintained Road System. He advised that the section under consideration was 2,545 feet in length, beginning approximately one-half mile east of the intersection with Rocky River Road to just east of the intersection with Poplin Road along the new Glendalough development. In order for the State to proceed, staff recommended that Council adopt a Resolution requesting the addition of Unionville-Indian Trail Road (SR 1367) to NCDOT's State-Maintained Road System. Council Member Jordan moved to adopt Resolution R-2008-39: Regulaz City Council Meeting May 20, 2008 Page 61 RESOLUTION TO REQUEST THE ADDITION OF A PORTION OF UNIONVILLE-INDIAN TRAIL ROAD (SR 1367) TO THE NC STATE-MAINTAINED SECONDARY ROAD SYSTEM w R-2008-39 WHEREAS, the attached petition has been filed with the City of Monroe City Council requesting that the above-described road, the location of which has been indicated in red on the attached map, be added to the NC State-Maintained Secondary Road System; and WHEREAS, the City of Monroe City Council is of the opinion that the above-described road should be added to the NC State-Maintained Secondary Road System, if the road meets minimum standards and criteria established by the Division of Highways of the North Carolina Department of Transportation for the addition of roads to the System. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MONROE that the Division of Highways is hereby requested to review the above-described road, and to take over the road for maintenance if it meets established standards and criteria. Adopted this 20`h day of May, 2008. Council Member Nash seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None B. Honoring Assistant City Manager Mark F. Donham. Council Member Jordan moved to adopt Resolution R-2008-40: RESOLUTION OF THE MONROE CITY COUNCIL HONORING MARK F. DONHAM R-2008-40 WHEREAS, the City Council wishes to express its sincere appreciation to Assistant City Manager Mark F. Donham for his loyal and dedicated public service to the City of Monroe over the past eleven years; and ,~ WHEREAS, Mark Donham joined the City of Monroe as Director of Economic Development on September 9, 1996 and was promoted to Assistant City Manager on January 20, 1999; and WHEREAS, Mark Donham is one of those special individuals whose qualities of honesty, integrity, and loyalty have endeared him to his co-workers, the Mayor and City Council, and the citizens of this community; and WHEREAS, Mark Donham has been an exemplary leader and an outstanding example of the caliber of employee necessary to the development of the good of the City; and WHEREAS, his professionalism, tireless work effort, and devotion to duty have directly '" contributed to the growth and betterment of the City of Monroe; and Regulaz City Council Meeting May 20, 2008 Page 62 WHEREAS, the City of Monroe is most grateful for the professional and personal contributions Mark Donham has given to our community as Assistant City Manager. NOW, THEREFORE, BE IT RESOLVED that the Mayor, on behalf of the City Council, and all our citizens, do hereby extend to Mark F. Donham our sincere appreciation for his distinguished service and extend our very best wishes as he accepts the position of City Manager for the City of Oxford, North Carolina. BE IT FURTHER RESOLVED that this Resolution lie entered upon the permanent Minutes of the City Council. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Monroe to be affixed this the 20`h day of May, 2008. Council Member Nash seconded the motion, which passed unanimously with the following -- votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 5. Ordinances. A. Amending Code'of Ordinances -Chanter 35: Public Safety - Listing of Prostitution- Exclusion Zones. Moved to Regular Agenda as Item No. 12. ~~, B. Amending Code of Ordinances -Chapter 35: Public Safety -Police Authority Regarding Criminal History Information for Applicants for ABC Permits. City Attorney Terry Sholar advised by memorandum that Chapter 18B of the North Carolina General Statutes requires municipalities to make a recommendation regarding the issuance of ABC permits within their jurisdictions. Routinely, the recommendation includes the criminal background history of the individual applying for the permit. He advised that Council designated the Chief of Police as the individual to make such recommendations on behalf of the City. City Attorney Sholar advised that it was necessary to access the SBI/DCI criminal data base to perform necessary criminal history checks on applicants, and prior to accessing DCI, it was necessary for Council to adopt an Ordinance requiring criminal history checks on ABC permit applicants and authorizing -- the use of DCI to conduct such checks. Council Member Jordan moved to adopt Ordinance 0-2008-23: ORDINANCE AMENDING TITLE III, CHAPTER 35 OF THE CITY OF MONROE CODE OF ORDINANCES 0-2008-23 WHEREAS, North Carolina General Statute § 18B-904(f) provides that the governing body of a city may designate an official of the city, by name or position, to make recommendations to the State ABC Commission on behalf of the city concerning the suitability of a person or of a location for an ABC permit when the proposed location is within the City; and Regular City Council Meeting May 20, 2008 Page 63 WHEREAS, the Chief of Police, or any Police Captain designated by the Chief of Police, is designated as the official authorized to make recommendations on behalf of the governing body of the City of Monroe concerning the suitability of a person or of a location for an ABC permit within the ,~ City of Monroe jurisdiction pursuant to North Carolina General Statute § 18B-904(f); and WHEREAS, in order to make said recommendations, the Monroe Police Department desires State access to the SBI/DCI Criminal History Record Information to obtain criminal history information on all persons applying for ABC permits for proposed locations within the City of Monroe; and WHEREAS, the Monroe Police Department will obtain said criminal history information on each applicant based on identification information regarding the applicant contained in the notice of permit application received from the State ABC Commission; and /~, WHEREAS, if said criminal history information reveals that an applicant has been convicted of 1 ~ ' any felony or a misdemeanor involving drugs or alcohol, or any offense in violation of Article 26 of Chapter 14 of the North Carolina General Statutes, the Monroe Police Department will file a written objection to the issuance of the permit; and WHEREAS, the State ABC Commission is the government agency responsible for the issuance of all ABC permits. <` NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MONROE THAT TITLE III, CHAPTER 35 OF THE MONROE ORDINANCES IS HEREBY AMENDED AS FOLLOWS: TEXT AMENDMENT Section 1. Amend Chapter 35 to add the following Section 35.60: §35.60 POLICE AUTHORITY REGARDING CRIMINAL HISTORY INFORMATION FOR APPLICANTS FOR ABC PERMITS. (A) The Police Department shall be authorized to seek state access to SBI/DCI Criminal History Record Information to obtain criminal history information on all persons applying for ABC permits for proposed locations within the City of Monroe. (B) All ordinances in conflict herewith are hereby repealed. (C) Should any provision of this ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional. Section 2. This Ordinance shall be effective upon adoption. Adopted this 20`h day of May, 2008. Council Member Nash seconded the motion, which passed unanimously with the following votes: Regular City Council Meeting May 20, 2008 Page 64 AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None ~- Item No. 6. Budget Amendment -Proposal for Transportation Engineering Services for Downtown Monroe. Engineering Director Loyd advised by memorandum that the Downtown Master Plan prepared by Land Design, Inc. identified a number of improvements (Charlotte Avenue "Road Diet", conversion of Jefferson and Franklin Streets to two-way traffic flow, extension of Jefferson Street to Franklin Street, roundabout at Jefferson Street and Franklin Street, and roundabout at Charlotte Avenue and Lancaster Avenue) that would enhance the development of the downtown area, as well as improve the pedestrian friendliness of the roadways. At staffls request, Ramey Kemp & Associates, Inc. has submitted a proposal in the amount of $55,950 to complete an operational analysis and conceptual design of the projects. The engineering services are required for the projects to obtain approval from the NC Department of Transportation since the roadways, with the exception of Jefferson Street, are maintained by the State. Staff recommended that Council adopt a Budget Amendment in the amount of $65,950 which includes a $10,000 contingency to cover possible changes during the course of the work. Council Member Jordan moved to adopt Budget Amendment BA-2008-13: BUDGET AMENDMENT BA-2008-13 .~ 1. Amendment necessary to appropriate funds for transportation engineering services to evaluate various transportation solutions identified by the Downtown Master Plan. General Fund: Revenues: Appropriation from Investment Earnings $65,950 Expenditures: ~-~, Transportation $65,950 I ,,, ~ Adopted this 20th day of May, 2008. Council Member Nash seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None ' Item No. 7. Call for Public Hearing to be Held June 3, 2008 to Consider a Zoning Map Amendment Request (Amendment #2) for Conditional District "Woodland Creek" Located off Secrest Price Road. Council Member Jordan moved to call for a public hearing to be held Regular City Council Meeting May 20, 2008 Page 65 on June 3, 2008 at 6:30 p.m. to consider this request. Council Member Nash seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 8. Call for Special City Council Meeting be Held June 10, 2008 at 5.30 p m at First Baptist Church, Main Street at 109 Morrow Avenue, Monroe, North Carolina to Introduce the Downtown Master Plan, Downtown Director, and Members of the Downtown Advisory Board. Council Member Jordan moved to call for a Special City Council Meeting to be held June 10, 2008 at 5:30 p.m. at First Baptist Church, Main Street at 109 Morrow Avenue, Monroe, North Carolina to introduce the Downtown Master Plan, Downtown w Director, and members of the Downtown Advisory Board. Council Member Nash seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 9. Approval of Territory Agreement with Union Power Cooperative. Energy Services Director Don Mitchell advised by memorandum that as a result of North Carolina Senate Bill 512 and North Carolina House Bill 1395, the Energy Services Department has met °-' with Union Power Cooperative to discuss and review the provision of electric service in and around the City. He advised that as a result of these discussions, the parties have developed an agreement which will strive to provide dependable and adequate electric service to customers in and around Monroe while avoiding unnecessary and uneconomic duplication of electric lines and facilities. Mr. Mitchell advised that Union Power Cooperative's Board of Directors approved the agreement on April 12, 2008. Staff recommended that Council approve the Territory Agreement with Union Power Cooperative. Council Member Jordan moved to approve the Territory Agreement with Union Power `~' Cooperative. Council Member Nash seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Said Territory Agreement with Union Power Cooperative is hereby incorporated as a part of these Minutes as Exhibit "A." Item No. 10. Funding for Helping Hands Program. Assistant City Manager Donham advised by memorandum that the Helping Hands program was administered by the Union County Regulaz City Council Meeting May 20, 2008 Page 66 Department of Social Services to assist customers with their utility payments in situations of extreme hardship. This program was approved in September 1996 when Council approved a match of up to $3,000 in customer contributions per fiscal year. Upon the direction of the .... Director of Finance and Administration, the Accounting Division has been matching customer contributions dollar for dollar with no $3,000 cap. Fiscal City Customer Total Total Excess Contributions Year Contributions Contributions Contributions Ex enditures over Ex enditures 2008 $3,000.00 $6,619.41 $9,619.41 $8,802.78 $816.63 2007 $28,753.34 $8,661.85 $37,415.19 $37,415.19 $0 (including Appropriation of $16,100.00) 2006 $20,373.97 $8,386.26 $28,760.23 $32,915.07 $0 2005 $5,635.83 _$6,810.07 $12,597.90 $22,328.92 $4,154.84 2004 $4,453.80 $4,913.70 $9,367.50 $23,008.14 $13,885.86 2003 $3,681.93 $5,543.59 $9,225.52 $9,878.94 $27,526.50 The Customer Service Committee recommended that Council approve a match of customer contributions dollar for dollar. Council Member Jordan moved to approve a match of customer contributions dollar for dollar for the Helping Hands Program. Council Member Nash seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 11. Natural Gas Meter Audit Results. Assistant City Manager Donham advised by memorandum that with the AMR change-out came a new complexity to the installation of gas meters. The electronic reading device ("ERT") had to be programmed separately, and many more factors made it easier to make mistakes. He advised that errors were usually discovered when there was a variance of usage from the current month compared to the usage one year before. The detection of the incorrectly programmed gas meters was more difficult due to the way gas was used in the residence. Mr. Donham advised that due to the historic reliability of meters, once a visual inspection showed the meter was operating, it was assumed it was working correctly. Once the initial error was not detected, catching the error was difficult because from that point on the meters were being tested against the incorrectly programmed meters. He advised that as more issues were being brought to the Customer Service Committee, there was an effort to find out why these issues were coming forth. An initial audit was performed on a sample of meters to evaluate the likelihood of a larger problem. This audit showed that a full audit was needed. While the full audit showed that less than 1% of the meters had problems, it still showed that changes in procedures were necessary. Regulaz City Council Meeting May 20, 2008 Page 67 Mr. Donham advised that the audit revealed that there were 88 cases where under-billing and over-billing occurred. These 88 cases were grouped into five groups defined by the problem 1- causing the errors. In four of the five groups, the errors were minimal. In the B-3 Group, the errors were significant. In this group of 28 customers, total over-billing was $3,145.15 and under-billing was $36,449.15. Many of the customers in the B-3 Group live in the Sutton Park area. Mr. Donham reported that to prevent this problem in the future, procedures have been changed. Now when a meter is changed, afollow-up procedure is being used. A laminated card is used that clearly shows what type of programming is required for each type of meter. In addition, a Total Quality Improvement Team has been initiated to look at the complete process involved with setting up meters and billing customers. With this process in place, it is felt that the City will identify and correct problems before they result in large errors. Mr. Donham advised that the Gas Audit Team and the Customer Service Committee felt that all problems discovered during the audit should be grouped as a special case since this was a start- up process using new equipment. These problems associated with the audit should be treated differently than cases prior to and following the audit. The Team recommended that any under- billed amounts to customers be waived, and that any over-billed amounts be returned to the customers. Council Member Jordan moved to waive any under-billed amounts to customers and that any over-billed amounts be returned to the customers. Council Member Nash seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None REGULAR AGENDA Item No. 12. Ordinances. ~. A. Amending Code of Ordinances -Chanter 35: Public Safety -Listing of Prostitution- Exclusion Zones. City Attorney Sholar advised by memorandum that since adoption of the Prostitution Exclusion Zone Ordinance, the Police Department has continued to make arrests involving prostitution related criminal activities. He advised that as anticipated, some of the activities relocated to adjacent areas outside the zone boundaries. Based on the number of actual arrests, staff recommended that Council adopt an Ordinance expanding the zone to include an additional area bordered by Roosevelt Boulevard, Sell Street, Patton Avenue, Charlotte Avenue, Phifer Street, and Skyway Drive. Regular City Council Meeting May 20, 2008 Page 68 Council Member Jordan asked for an update on the areas being included the prostitution exclusionary zone. He advised that there were other requests from neighborhoods with the most recent being a request from the Quality Hill area. Lt. Brian Gilliard advised that the proposed Ordinance included the Benton Heights area going towards Highway 74 (Concord Avenue, Kerr Street, and Pedro Street). He advised that the criteria included identifying a problem, doing undercover investigation, and bringing the results back to City Council. Council Member Jordan thought the City was going to go across Highway 74 into the Monticello area. Lt. Gilliard advised that there had only been two arrests in that area; however, the Police Department will continue to monitor this area. Council Member Jordan moved to adopt Ordinance 0-2008-21: ORDINANCE AMENDING TITLE III, CHAPTER 35 OF THE CITY OF MONROE CODE OF ORDINANCES 0-2008-21 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MONROE THAT TITLE III, CHAPTER 35 OF THE MONROE ORDINANCES IS HEREBY AMENDED AS FOLLOWS: TEXT AMENDMENT Section 1. Amend Section 35.57 to read as follows: ~~ § 35.57 Listing of Prostitution-exclusion Zones. The following description shall comprise the boundaries of the prostitution-exclusion zones listed, and the prostitution-exclusion zones shall include the entire area on and within the listed boundaries. (A) Beginning at the intersection of the centerline of Roosevelt Boulevard (U.S. 74) and Skyway Drive; thence following the centerline of Skyway Drive in a southerly direction to the intersection of the centerline of Skyway Drive and the centerline of the CSX Railroad right-of--way; thence following the centerline of _, the right-of--way of the CSX Railroad in an easterly direction to the intersection of the centerline of the CSX Railroad right-of--way and the centerline of Morgan Mill Road; thence following the centerline of Morgan Mill Road in a northeasterly direction to the intersection of the centerline of Morgan Mill Road and the centerline of Walkup Avenue; thence following the centerline of Walkup Avenue in an easterly direction to the intersection of the centerline of Walkup Avenue and the centerline of Roosevelt Boulevard; thence following the centerline of Roosevelt Boulevard to the point and place of beginning. (B) Beginning at the intersection of the centerline of Skyway Drive and Phifer Street; thence following the centerline of W. Phifer Street in a westerly direction to the intersection of the centerline of N. Charlotte Avenue; thence following the ..- centerline of N. Charlotte Avenue in a southerly direction to the intersection of the centerline of Allen Street; thence following the centerline of Allen Street in an Regular City Council Meeting May 20, 2008 Page 69 easterly direction to the intersection of the centerline of Skyway Drive; thence following the centerline of Skyway Drive _in a northerly direction to the intersection of the centerline of Phifer Street, the point and place of beginning. ., (C) Beginning at the intersection of the centerline of Skyway Drive/Concord Avenue and the centerline of the right of way of Roosevelt Boulevard (U.S. 74) ;thence following the centerline of the right of way of Roosevelt Boulevard in a westerly direction to the intersection of said right of way centerline and the centerline of Secrest Shortcut Road; thence following the centerline of Secrest Shortcut Road in a southerly direction to the intersection of the centerline of Hice Street; thence following the centerline of Hice Street in a westerly direction to the intersection of the centerline of Sell Street; thence following the centerline of Sell Street in a southerly direction to the intersection of the centerline of Patton Avenue; thence following the centerline of Patton Avenue in a westerly direction to the intersection of the centerline of N. Charlotte Avenue; thence following the centerline of N. Charlotte Avenue in a southeasterly direction to the intersection of the centerline of W. Phifer Street; thence following the centerline of W. Phifer Street in a easterly direction to the intersection of the centerline of Skyway Drive; thence following the centerline of Skyway Drive in a northerly direction to the intersection of the centerline of the right of way of Roosevelt Boulevard the point and place of beginning. Section 2. This Ordinance shall be effective upon adoption. Adopted this 20`h day of May, 2008. Council Member Nash seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 13. Presentation to Honor Confederate _Soldier at Hillcrest Cemetery. Mr. Michael Chapman presented to Council a proposal to honor Weary Clyburn and all Union County Confederate Veterans on July 18 at Hillcrest Cemetery. The event is being organized by the James Miller Camp of the Sons of Confederate Veterans. Mr. Chapman requested assistance from the City on the following matters: permits to fire cannons and muskets during the ceremony by period re-enactors; funds to create a grave plot area edged and filled with white pebble stones surrounded by chain and corner post with the work being completed by the Sons of Confederate Veterans of Union County; fund a marker provided and installed by the State of North Carolina through the grant program "Civil War Trails" with a total cost to the City of $1,100 and a commitment of $200 per year; host a dinner for the Clyburn family descendents; fund a video documentary of Ms. Rice about her father and the skirmish at Wilson's Store (this cost would be between $4,300 and $6,500); and a Proclamation honoring Weary Clyburn and all Union County residents for service to their country in a time of war. Following a period of discussion, Council Member Ashcraft made a motion to approve permits to fire cannons and muskets during the ceremony period by re-enactors, approve funds to create a grave plot area edged and filled with white pebble stones surrounded by chain and corner post Regular City Council Meeting May 20, 2008 Page 70 with the work being completed by the Sons of Confederate Veterans of Union County, hosting a dinner for the Clyburn family decedents not to exceed $500, and drafting of a Proclamation honoring Weary Clyburn and all Union County residents for service to their country in a time of .... war. Council Member Jordan seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Council instructed City Manager Meadows to contact Union County regarding the request to fund a marker to be provided and installed by the State of North Carolina through the grant ~...~ program "Civil War Trails" with a total initial cost to the City of $1,100 and a commitment of $200 per year and funding a video documentary of Ms. Rice about her father and the skirmish at Wilson's Store. Item No. 14. Petition for Ordinance to Declare Certain Property Unfit for Human Habitation and Demolition at 317 East Morrow Avenue. Code Enforcement Officer Michelle Williams stated that during an inspection on November 15, 2007, staff noted multiple violations at the property located at 317 East Morrow Avenue, including damaged floors, windows, and walls, and the foundation of the vacant house is also failing. Ms. Williams stated that Kaye Yaffe, owner, met with staff concerning the violations during a minimum housing hearing on November 29, 2007 advising she would have the house demolished within the 90 day period instead of making the repairs. The owner failed to do either by the deadline. Due to the condition of the structure and the adverse impact on the area, staff recommended that Council ~` adopt an Ordinance to declare the property unfit for human habitation and demolition. Ms. Kaye Yaffe stated that she was in the process of securing a contract for the home and requested that Council allow a variance to give her an opportunity to work through the contract process. In response to a question concerning the time being requested, Ms. Yaffe stated that she was requesting a 30-day extension. Council Member Smith made a motion to allow a 30-day extension with a status report to be provided by Ms. Yaffe at the June 17, 2008 City Council Meeting. Mayor Pro Tem Bazemore u seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 15. Budget Ordinance -Restoration of 1886 Silsbv Steam Fire Engine. Fire Chief Ron Fowler stated that the City purchased Silsby Steam Fire Engine #856 in 1886 for the sum of $3,500. This engine protected the City for about 30 years and pumped untold numbers of house fires, and many generations of Monroe families owe a debt of thanks to this amazing piece of history. Regulaz City Council Meeting May 20, 2008 Page 71 Chief Fowler advised that the Silsby was in use until 1922, after which it sat in the corner of old Station 1 for many years. It was then decided to place it at Jaycee Park in a glass display for public viewing. Hurricane Hugo damaged the roof of the display case, and to protect the Silsby -~- from water damage, it was moved to the current Station 1, where it resides today. Fire Engineer Marty Honeycutt showed Council a video presentation on Silsby steam engines. He stated that aside from historic downtown buildings and the old Fire Bell, the Silsby Engine is only one of a few items to have survived, to commemorate the City's history. In a desire to preserve this piece of history, a great deal of research had been done to gather the cost of cosmetic restoration. After accumulating this information, it was found that the cost reflects a minimum amount of at least $30,000. This is based on restoration of similar steamer engines. However, it was also found that the process almost always takes years to accomplish and for that reason, the restoration could be done in three stages. .~ Mr. Honeycutt stated that the first stage of restoration will address the most fragile and easiest to restore parts of the steamer and the estimated budgeted amount would be $10,000. Before completion of stage one, it will be possible to develop the best strategies of stage two, which will address the pump and mechanical features of the engine. From there, restoration can proceed to discussion of the final stage, which will include final repair to all nickel plating and crown on top of the steamer, which is the most expensive part of the project. Staff and the Facilities Committee felt that the restoration of the Silsby should be a vital part of preserving the City's history and recommended that Council adopt a Capital Project Budget Ordinance for $10,000 to fund the initial restoration stage. The source of funds will be FY08 Investment Earnings in the General Fund. Council Member Smith moved to adopt Budget Ordinance BO-2008-07: CAPITAL PROJECT BUDGET ORDINANCE RESTORATION OF 1886 SILSBY STEAM ENGINE BO-2008-07 WHEREAS, the City of Monroe Fire Department purchased the Silsby Steam Engine in 1886 for the sum of $3,500; and WHEREAS, the Silsby Steam Engine was one of the most advanced pieces of machinery for its v day and was capable of pumping water as high as 250 feet and was considered by many the best steam fire engine during its day; and WHEREAS, the Silsby Steam Engine protected the City of Monroe for some thirty (30) years until it's retirement in 1922; and WHEREAS, the Monroe Fire Department is desirous to preserve this piece of history; and WHEREAS, the Monroe Fire Department has prepared a budget for a cosmetic restoration totaling $30,000; and `~. WHEREAS, the Monroe Fire Department is desirous to fund the restoration with $10,000 in city funds and $20,000 in grants, donations and contributions. Regular City Council Meeting May 20, 2008 Page 72 NOW, THEREFORE, BE IT ORDAINED that that the City Council of the City of Monroe approve a capital project budget for the project entitled "Restoration of Silsby Steam Engine" and appropriates the following revenues and expenses: Revenue: Investment Earnings $10,000 Expenditures: Restoration of Silsby Steam Engine $10,000 BE IT FURTHER ORDAINED that the City Council approve the acceptance of grants, donations and contributions for the "Restoration of the Silsby Steam Engine" be accounted for in the City's General Fund. Adopted this 20`h day of May 2008. Council Member Ashcraft seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 16. Ordinance Amending Code of Ordinances -Chapter 93: Public Health Nuisances -Graffiti. City Attorney Sholar presented a proposed graffiti Ordinance for consideration of Council. He advised that this matter had been discussed at the Public Safety ~'`'~ Committee meeting. The purpose of the Ordinance is to declare graffiti to be a public nuisance. City Attorney Sholar stated that graffiti blighting in certain neighborhoods had an affect on property values and as such graffiti is declared to be a public nuisance. City Attorney Sholar stated that the proposed Ordinance included several definitions. One item defined in the Ordinance is "graffiti implements" which are items such as paint cans, broad-tip markers, and etching devices. These items are typically used for making graffiti on buildings and signs. He stated that the reason "graffiti implements" were defined was that the Ordinance itself made it illegal to possess graffiti implements in certain locations. He stated that one location was by minors around school facilities because this is typically where some graffiti activities take place. Possession of a graffiti implement by a minor in a school location would be grounds for action by the Police Department. Also, possession of graffiti implements in areas or in proximity to areas that are typically subject for graffiti such as public signs, public buildings, storm drains, bridge abutments, etc. where graffiti typically takes place, if you catch someone with a can of spray paint in their hand, you do not have to actually wait until the defacement occurs they can be arrested for possession of a graffiti implement. City Attorney Sholar stated that the proposed Ordinance contained language that graffiti was a criminal act under the Ordinance; however, for the most part, if the police catch someone in the act of placing graffiti on an item, the offender is probably going to be charged under a vandalism State statute rather than disorderly conduct, but the Ordinance is there in case it is ever needed. Regular City Council Meeting May 20, 2008 Page 73 The Ordinance also includes language that if someone is caught in the act, it requires them to clean up the graffiti and if they fail to do so, the City will do so and will assess the cost against them, probably through some type of restitution process through the court system. City Attorney Sholar stated that by declaring graffiti a public nuisance, it required the nuisance to be abated. The way the Ordinance was written, once the City learns of graffiti, they will advise the property owner that the graffiti exists and give the owner seven days to abate the nuisance by either taking material off the building or covering it up in such a way that it is no longer visible. He stated that if they failed to do so within the seven-day period, then the City could come out and abate the nuisance on its own and charge the cost of removal against the landowner as a lien. City Attorney Sholar stated that some cities have chosen to not go that far and have instead taken the position that when graffiti is placed on private property, you are penalizing the victim of a crime twice by forcing them to pay for the cost of the removal. He advised that these other cities have taken the position that it was in the public interest for the City to clean the graffiti to keep the neighborhood from deteriorating and the taxpayers bear the cost of removing graffiti. City Attorney Sholar advised that the proposed Ordinance allows the City to clean graffiti up and assess the cost; however, staff also prepared an additional proposed Ordinance which removes this aspect. The second proposed Ordinance states that the City will notify the owner of the graffiti and will give them a period of time to clean it up. However, if the property owner does not clean up after a certain period of time, the City will come in and will clean the graffiti at the City's cost. ~"`' Council Member Nash stated that it was suggested to her that the City supply the cleaning supplies and allow the private property owner to obtain supplies from the City and clean the graffiti themselves. City Attorney Sholar stated that in both proposed Ordinances that when graffiti is abated, there was no obligation on the part of the City or anyone else to cover more than the actual graffiti itself. Dr. Jaime Wise stated that she supported the proposed graffiti Ordinance. She advised that her church was a recent victim of graffiti. Dr. Wise recommended that Council also have a central supply area where property owners could obtain supplies and do the cleaning themselves. She felt this would be a compromise for both the City and the victim. She also suggested that the City look into implementing a graffiti hotline. Following a brief period of discussion, Council Member Nash moved to adopt Ordinance 0- 2008-22: ORDINANCE AMENDING TITLE IX, CHAPTER 93 OF THE CITY OF MONROE CODE OF ORDINANCES /~ 0-2008-22 Regular City Council Meeting May 20, 2008 Page 74 BE iT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MONROE THAT TITLE IX, CHAPTER 93 OF THE MONROE ORDINANCES IS HEREBY ENACTED AS FOLLOWS: ~' Section 1. Chapter 93 is amended by adding the following: 93.20 GRAFFITI ORDINANCE -PURPOSE AND INTENT. The Monroe City Council is enacting this article to help prevent the spread of graffiti vandalism and to establish a program for the removal of graffiti from public and private property. The Council is authorized to enact this article pursuant to its police powers, in order to promote health, safety and welfare of its citizens, under the Charter of the City of Monroe and Section160A-174 of the North Carolina General Statutes. The Council finds that graffiti is a public nuisance and dangerous to the public safety and welfare. Graffiti is destructive of the rights and values of property owners as well as the entire community. Unless the City acts to remove graffiti from public and private property, the graffiti tends to remain. Other properties then become the target of graffiti, and entire neighborhoods are affected and become less desirable places in which to be, all to the detriment of the City and its citizens. The City Council intends, through the adoption of this ordinance, to provide additional enforcement tools to protect public and private property from acts of graffiti vandalism and defacement. The Council does not intend for this ordinance to conflict with any existing anti-graffiti federal or state laws and to the extent of any such conflict, the provisions of the federal or state law shall control. 93.21 DEFINITIONS. The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this Graffiti Ordinance, except where the context clearly ~,~ indicates a different meaning: (A) Aerosol paint container - an aerosol container that is adapted or made for the purpose of applying spray paint or other substances capable of defacing property. (B) Broad-tipped marker -any felt tip indelible marker or similar implement with a flat or angled writing surface that, at its broadest width, is greater than one-fourth of an inch, containing. ink or other pigmented liquid that is not water soluble. (C) Etching equipment - a tool, device, or substance that can be used to make permanent marks on any natural or manmade surface. (D) Graffiti -any unauthorized inscription, word, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of public or private property by any graffiti ~ implement, to the extent that the graffiti was not authorized in advance by the owner or occupant of the property, or, despite advance authorization, is otherwise deemed a public nuisance by the city council. However, Graffiti shall not be construed to prohibit temporary, easily removable chalk or other water soluble markings on public or private sidewalks, streets or other paved surfaces which are used in connection with traditional children's activities, such as drawings, or bases for stick ball, kick ball, handball, hopscotch or similar activities, nor shall it be construed to prohibit temporary, easily removable chalk or other water soluble markings used in connection with any lawful business or public purpose or activity. (E) Graffiti implement - an aerosol paint container, abroad-tipped marker, gum label, f'^~ - f , paint stick or graffiti stick, etching equipment, brush or any other device capable of ~. scarring or leaving a visible mark on any natural or manmade surface. Regular City Council Meeting May 20, 2008 Page 75 (F) Paint stick or graffiti stick -any device containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface by pressure and leaving a mark of at least one-eighth of an inch in width. (G) Person -any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or any other legal entity. (H) Property owner(s) -shall mean and include the owner of the property, such property owner's manager or agent, or any other person in lawful control or possession of the property. 93.22 GRAFFITI DECLARED A NUISANCE. The existence of graffiti on public or private property in violation of this section is hereby declared to be a public nuisance and dangerous to the public safety and welfare, and is therefore subject to the removal and abatement provisions specified in this section. 93.23 GRAFFITI UNLAWFUL. (A) Defacement - It shall be unlawful for any person to place graffiti upon any public or private property. (B) Possession of Graffiti Implement (1) By minors at or near school facilities - It shall be unlawful for any person under the age of eighteen (18) years to possess any graffiti implement while on any school property, grounds, facilities, buildings, or structures, or in areas immediately adjacent to those specific locations upon public property, or upon private property without the prior written consent of the owner or occupant of such private property. ~, (2) In designated public places - It shall be unlawful for any person to possess any graffiti implement while in or upon any public facility, park, playground, swimming pool, recreational facility, or other public building or structure owned or operated by the City or while in or within fifty (50) feet of an underpass, bridge abutment, storm drain, or similar types of infrastructure unless otherwise authorized by the City. (3) The provisions of this section shall not apply to the possession of graffiti implements by a minor attending or traveling to or from a school at which the minor is enrolled if the minor is participating in a class at the school that requires the possession of graffiti implements, nor to any person transporting '~ graffiti implements while traveling to or from home or place of employment, nor to any other possession for a legitimate lawful use of such implements. 93.24 REMOVAL OF GRAFFITL (A) Removal by the perpetrator. (1) Any person applying graffiti on public or private property shall remove such graffiti or cause such graffiti to be removed within seventy-two (72) hours - after notice from the city or the owner of the property involved. If the graffiti /^'a is applied by a person under the age of eighteen (18), the parents or legal ' guardians of such minor shall be responsible for such removal. Regulaz City Council Meeting May 20, 2008 Page 76 (2) It shall be unlawful for any person who has applied graffiti to fail to remove such graffiti within seventy-two (72) hours after receipt of notice to remove the graffiti. If the perpetrator fails to remove the graffiti within the time allowed, the property owner or City may abate the nuisance pursuant to subsection (B) of this section and the perpetrator will be responsible for the abatement costs. (B) Removal by the City. (1) Whenever the City becomes aware of the existence of graffiti on private property, the City is authorized to remove the graffiti as set forth in this subsection after first giving notice to the property owner to remove or effectively obscure such graffiti as provided in this subsection. The notice shall be given by certified mail, return receipt requested, or by personal service, and shall contain the following: ~_~ y (i) The street address or other description of the property sufficient for identification of the property. (ii) A statement that the property is a public nuisance due to the existence of the graffiti. (iii) A statement that the graffiti must be removed or effectively obscured within seven (7) days after receipt of the notice and that if the public nuisance created by the graffiti is not abated within that time the City will abate the public nuisance. (2) If the property owner fails to remove or effectively obscure the graffiti within the prescribed seven (7) days after receipt of notice described above, the City may cause the graffiti to be removed or effectively obscured. (3) Appeal. Any property owner who receives a notice to remove or obscure graffiti may appeal to the City Manager within seven (7) days of receipt of the notice. The appeal notice shall be in writing and state the reasons for the appeal. The City Manager, or, designee, shall set a hearing within seven (7) business days after receipt of the notice of appeal. If, on appeal, the City Manager, or designee, determines that the graffiti is a public nuisance and must be removed, the City Manager, or designee, shall establish a new date for removing or obscuring the graffiti. The City shall not remove or obscure graffiti until a decision has been rendered by the City Manager, or designee. (4) Emergency removal. If the City determines that any graffiti is an imminent _, danger to the safety or welfare of the- public it shall prepare a notice as described in subsection (e)(2)a., which shall serve as an emergency notice, including a specific allegation of how the safety or welfare of the public is in jeopardy and why the graffiti constitutes an imminent danger. If the City is unable to provide personal service of this emergency notice after two (2) attempts to do so, then the City may remove the graffiti at its own expense after posting such property with said notice. If a property owner receives notice that emergency removal has been deemed necessary by the city the property owner shall: (i) Cause the immediate removal of the graffiti or cause the graffiti to be ~,_ obscured or; Regular City Council Meeting May 20, 2008 Page 77 (ii) Give permission to the City to obscure or remove the graffiti at the city's cost or; (iii) Immediately obtain appropriate relief from a court of competent a jurisdiction directing the city to stop any attempt to obscure or remove any graffiti. (5) Repairs/restoration. In no case shall the City .paint or repair any area defaced by graffiti more extensively than where the graffiti itself is located. The City shall not be required to restore the obscured area to its original condition (i.e. exact color, texture etc.) 93.25 PENALTIES. (A) Criminal ~j (1) Conviction. Each violation of Section 97.04 and 97.05(A) shall constitute a misdemeanor, except as otherwise provided by statute, and shall be punished by a fine not exceeding $500.00 or imprisonment of a term not exceeding 30 days. (2) Restitution. In addition to any punishment imposed, the court may order any person convicted of a violation of this article to make restitution to the victim or entity which remediated the graffiti for damages or loss caused directly or indirectly by the violator's offense in the amount or manner determined by the court. The court may determine the amount, terms and conditions of the restitution. In the case of a minor, the parents or legal guardian shall be ordered jointly and severally liable with the minor to make restitution. (3) Community service. In addition to, or as a part of, the penalties specified in ,,~, this section, a minor or adult may be required to perform community service as described by the court. Reasonable effort shall be made to assign the minor or adult to a type of community service that is reasonably expected to have the most rehabilitative effect on the minor or adult, including community service that involves graffiti removal. 93.26 SEVERABILITY. Severability is intended throughout and within the provisions of the ordinance. If any section, subsection, sentence, clause, phrase or portion of this chapter is held to be invalid or unconstitutional by a court of competent jurisdiction, then the decision shall not affect the validity of the remaining portions of this chapter. Section 2. This Ordinance shall be effective upon adoption. Council Member Ashcraft seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 17. Capital Improvements Budget Review. Council Member Nash stated that in reviewing the proposed budget, she had questions that she would like clarified. She requested Regular City Council Meeting May 20, 2008 Page 78 that staff provide written responses to the questions and that the responses be shared with all Council Members. ~~ Council Member Nash stated that in the Financial Statements from last year, almost $1.5 million was transferred from the Electric Fund. On May 17, 2007, a motion was made to advance $594,000 to the General Fund for the Economic Development Department. Council Member Nash stated that it was her understanding that when money is transferred from the Electric Fund or any enterprise fund, there had to be an agreement that this was going to be paid back. City Attorney Sholar confirmed that was correct. Council Member Nash stated that on page 69 of the 2007 CAFR', she noticed there was a transfer of approximately $1 million from the Electric Fund; however, she could not determine which fund this money was transferred to. She also requested information on where this was being paid back and how it was going to be paid back. Council Member Nash stated that when reviewing the Budget Message, she did not see the debt service for the revenue bond issue and requested clarification on this item. Council Member Nash stated that in reviewing a statement received at the end of December, the Fund Balance was at 31 % and then it went to 28.9%. She advised that there was money for the insurance. She questioned if the City was self-funded why did almost $600,000 go to Fund Balance instead of back into insurance. She stated that if it had gone back into insurance, the City could have used the money to stabilize the health insurance this year and it would not have to have been included in the budget. This would have provided funds for the $470,000 that is ttt being budgeted to help employees with their health insurance this year. She stated that as she ~'"' read it, the money went to Fund Balance. Council Member Nash noted that on the projections that were given by the Finance Director, it listed the Fund Balance at 25% for 2009 and the City is at 28.9% now. She asked if this additiona13.9% was used to balance the budget. City Manager Meadows stated that some of the additional 3.9% was being used to budget the balance. He stated that the $1,003,420 being used from fund balance was for capital and to service a couple of years' prior debt service payments. Council Member Nash stated that the money in Fund Balance that was technically supposed to ~, go to the Insurance Fund would equate to almost two cents on the tax dollar. City Manager Meadows stated that he was not sure if these were separate funds. Finance Director Fatland stated that staff would research the matter and provide Council with this information as well as provide response to the additional questions. Council Member Jordan stated that he recently had raised some of these same questions as related to the $5 million windfall from June 30, 2007 up until the time the audit was received. He stated that he had mentioned that he really felt like the difference needed to be reconciled as it related to the $2 million of additional income that came in. Council Member Jordan stated that Council was now being told that in order to collect the same amount of revenue in the upcoming budget as was collected in this budget with the revaluation that the City needed to collect $0.47 '" per $100 valuation. He stated that he had asked before if this included the $2 million additional Regular City Council Meeting May 20, 2008 Page 79 money that came in. He stated that he had not received an answer to this question and before he felt comfortable in moving forward with determining that the $0.47 was the proper amount that the City needed to use to collect the same amount of money,:, he needed to know how the $2 million had been used. Council Member Jordan stated that if you looked at the fact that the City did take in the additional $2 million, then the City did not need to raise taxes last year because the City had enough money to operate on and then some. In response to Council Member Nash's question concerning the amount of money not paid out for insurance claims, Council Member Jordan stated that he, too, felt this should have gone into a stabilization fund in the insurance program to help offset a cost of additional insurance in future years. He questioned if the City budgeted this and did not use it, why could it not be used to help stabilize the funds to help offset the costs. Council Member Jordan stated that a complaint had been made that insurance costs go up every year and the City knew the cost was going to go up every year so why not go ahead and try to stabilize it. Council Member Jordan stated that he read a memo today regarding fuel recovery costs that the City was going to be asked to allow BFI to get as a result of the high gas cost right now but the City did not spend $95,000 out of the General Fund last year for solid waste collections. He stated that this was money that if made available to the solid waste account it would help to offset the costs that are going to have to be used to give BFI the adjustment. Council Member Jordan felt that the City's checkbook from last year needed to be reconciled to determine exactly where the City stood. He stated that he did not feel comfortable with a tax rate increase because there were too many unknowns from last year's budget. Council Member Jordan stated that at some point and time, Council needed to receive answers to the questions in ~'"'~ order to obtain a comfort level. He stated that he wished there was a way to bring in the former Finance Director to help work through this. Council Member Jordan stated that these questions had been asked for a period of time and it was getting closer. to adopting the budget that he would not be able to reach a comfort level until he knew how the money was being spent. He stated that there were things not being put in the budget that Council Members have identified as areas that they would like to see additional monies used for (i.e., Teen Center on the vacant land in Winchester area). He stated that again, the City had $2 million more collected than was budgeted, and the City did the tax increase. He questioned if you were not going to be able to do things in good times, when would you be able to do them. Finance Director Fatland stated that staff reviewed Council Member Jordan's request for reconciliation and had reviewed it with the City Manager. He stated that he was prepared to discuss the information at the Finance Committee meeting on May 15; however, the meeting was cancelled due to a lack of a quorum. Mr. Fatland urged the Finance Committee to meet as soon as possible to go over the reconciliation. Council Member Jordan stated that other Council Members might be interested in this information and felt it needed to be open to any Council Member. Council Member Jordan requested that the City Manager and Finance Director look at their schedules and provide possible dates and times to schedule the meeting. He also extended the ~. Regular City Council Meeting May 2Q 2008 Page 80 _ _ ... v invitation to other Council Members who would be interested in receiving this beneficial information. Mayor Kilgore requested that this meeting be scheduled as soon as possible. Council reviewed the proposed capital improvements budget and held a brief period of discussion. City Manager Meadows advised that staff would answer the questions as soon as possible at the Finance Committee level. Copies of these answers will be provided to the full Council so that members not on the Finance Committee could have the benefit of the information as well. He advised that at the June 3 Strategic City Council meeting, time will be devoted to the budget review for any other general questions. City Manager Meadows advised that if everything was answered, the budget public hearing and proposed adoption of the budget will be held at the June 17 City Council meeting. Item No. 18. Public Comment Period. A. Jimmy Carter. Mr. Jimmy Carter, 710 Jones Street, stated that he was a new resident of the Camp Sutton area. He expressed concern with prostitution, drug trafficking, firing of weapons, and the safety for his life and the life of his family members. He stated that the Police Department was doing all they could with the limited resources they were being provided. He felt that Council should provide the Police Department with any items needed to help increase the protections of the citizens. B. Lt. Bryan Gilliard. Lt. Gilliard thanked members of Council and City staff for the help with ~~ the Explorers' first golf tournament. There being no further business, the Regular City Council Meeting of May 20, 2008 adjourned at 8:45 p.m. Attest: car i ~k,~f.G ~ , ~ ~1'NSO"Ll Brid tte H. Robinson, ity Clerk Bob y ilgore, Mayor Regular City Council Meeting May 20, 2008 Page 81 .. i . .. ' ' Exftibit "A" °. STATE OF NORTH CAROLINA P°ge l °f9 ', May 20, 2008 Regular City Council Meeting COUNTY OF UNION AGREEMENT OF ELECTRIC SUPPLIERS THIS AGREEMENT OF ELECTRIC SUPPLIERS, made and entered into this 12th day of April, 2008, by and between the City of Monroe, a North Carolina municipal corporation located in Union County, North Carolina (the "City"), and Union Power Cooperative, a North Carolina ~"~1 electric membership corporation having its principal place of business in Union County, North ! _. Carolina ("Union EMC") (either the City or Union EMC may be referred to herein as a "Party" f • ! and, collectively as the "Parties"). ! WITNESSETH: f ' WHEREAS, both Parties currently provide electric service in and around the City of :~~ ~ Monroe, North Carolina; and WHEREAS, N. C. Gen. Stat § 160A-331.2 authorizes the City and Union EMC to enter into agreements that allocate to each other the right to provide electric service in areas and to _... ' ~ .... .. premises that each would not have the right to serve but for such agreements; and i WHEREAS, the City and Union EMC desire to enter into an "Agreement of Electric Suppliers" pursuant to the provisions of N_C. Gen. Stat. § 160A-331.2; and ..~ designated. as "Union EMC" on Exhibit A and depicted. by the darker green color. The City voluntarily relinquishes to Union EMC its rights, if any, to serve any premises initially requuring service after the date of this Agreement located wholly within the Union EMC ,~ Service Area. Union EMG will remain the exclusive electric supplier and have the exclusive right to serve premises located wholly within the Union EMC Service Area pursuant to N.C. Gen. Stat. §160A-332(a)(6a), if and when the areas are annexed by the City. 3. City- Exclusive Territory. With reference to Exhibit A, the City shall have the sole and exclusive right to serve all premises initially desiring electric service after the date of this Agreement which are located inside the area depicted in the brown color on Exhibit A. (the "City Service Area"). Union EMC voluntarily reluiquishes to the City its rights, if any, to i serve any premises initially requiring service after the date of this Agreement located wholly within the City Service Area. The City will remain`the exclusive electric supplier anal have the exclusive right to serve premises located wholly within the City Service Area ~~ if and. when any areas within the City Service Area are annexed. by the City. 4. Premises Partially within Area. Any premises initially requiring electric service after the date of this Agreement located (i) within an area designated as "Unassigned" on Exhibit A, or (ii) wholly outside or only partially within an area assigned to a Party under this Agreement, and, in each case, which are premises to which both Parties each have a right ,. to serve in the absence of this Agreement, may be served by either the City or Union EMC, whichever supplier the consumer chooses, and the other Party shall not thereafter furnish service to such premises. 5. Existing Service. Each Party shall. have the right to continue to serve any premises being ,....:- May 20, 2008 Regular City Council Meeting Exhibit "A" Page 2 of 9 served by such Party, or to which any of its facilities were attached, on the date of this Agreement notwithstanding the fact that such prenuses is located. wholly or partially within an area assigned to the other Party, or in an area designated on Exhibit A as "Unassigned". Nothing in this Agreement contemplates the transfer of any•existing customers between the Parties. 6. Term of Agreement. The term of this Agreement shall commence on the date hereof and exist and contirnie until December 31, 2022 (the "Termination Date"). The respective rights of the Parties to serve premises initially requiring electric service on and after the y • Termination Date in the areas shown on Exhibit A shall be determined by the applicable i provisions of the North Carolina General Statutes in effect on the date service is requested, ! . . but each Party shall. be entitled to continue to provide service to premises to which its facilities are attached on the Termination Date. On or before June 30, 2021 the Parties shall meet and discuss the terms and conditions, if any, upon which this Agreement can be f renewed or extended. The Parties agree to negotiate in good faith with regard to the i~~ renewal or extension of this Agreement. 7. Service. The City and Union EMC, respectively, are ready, willing and able to provide adequate and dependable electric service to these areas designated as their respective exclusive service areas by this Agreement. '" 8. Authority to Bind. The City and Union EMC represent and acknowledge that the individuals signing this Agreement have the authority to bind each party, respectively. 9. Construction of Lines and Joint Use of Facilities. Either Party may need or prefer for operational reasons to construct new distribution lines across areas which are not assigned under this Agreement, or which are assigned to the other Party, in order to access new or May 20, 2008 Regular City Council Meeting Exhibit `A" Page 3 oj9 existing facilities to serve a premises such Party has the right to serve under this Agreement. To that extent, Union EMC agrees to provide to the City, upon request by the City, any additional written consents required by law to provide electric service to any i ~- premises within the area assigned to the City by this Agreement, even if the routing of the lines is through or across areas which are not the subject of this Agreement or which are assigned to Union EMC by this Agreement ox by the Commission; provided, however, that Union EMC may object to the specific routing of any siich line so long as reasonable access is granted. To the same extent, the City agrees to provide to Union EMC, upon j =- request by Union EMC, airy additional written consents required by law to provide electric service to any premises within the area assigned to Union EMC by this Agreement, even if the routing of the line is through or across areas which are not subject to this Agreement or which are assigned to the City by this Agreement or to Union EMC by the Commission; i provided, however that the City may object to the specific routing of any such line so long i as reasonable access is granted. 10. Joint Facilities' Use Agreements. For economical and/or reasons of efficiency, either Party may prefer to attach distribution lines or other facilities to poles or other facilities owned iE and controlled by the other Party in order to access new or existing facilities to serve a premises such Party has the right to serve under this Agreement. To that extent, Union EMC and the City agree to cooperate with each other and to discuss such preferences and, where feasible, enter into Joint Facilities' Use- or Pole Attachment Agreements to facilitate such a practice. 11. Customer Choice Notification. Union EMC will not be required to notify customers of new premises initially requiring service after the date of this Agreement located wholly within the Union EMC Service Area that they may have a choice of electric suppliers. The May 20, 2008 Regular City Council Meeting Exhibit A" Page 4 of 9 City will not be required to notify customers of new premises initially requiring service ~, after the date of this Agreement located wholly within the City Service Area that they may ~'~ have a choice of electric suppliers. .e. 12. Definition of Distribution Line. For purposes of this Agreement "distribution line" means ` any conductor for distributing electricity other than: i (a) For overhead construction, a conductor from the pole nearest the premises of a consumer to such premises, or a conductor from a line tap to such premises, and i (b) For underground construction, a conductor from the transformer (or the junction point, if there be one} nearest the premises of a consumer to such premises. l3. Definition of Premises. For purposes of this Agreement the statutory definition of "premises" set forth in N.C. Gen. Stat. § 160A-331(3) and. N.C. Gen. Stat. § 62-110.2(a)(1) shall apply. ~ 14. Assignment. Either Party may assign or transfer its rights hereunder by giving written notice to the other Party, but no such assignment shall be effective until thirty (30) days after receipt of such notice by the other Party. 15. Other Electric Supplier Ri ts. This Agreement shall not affect in any way the rights of ~""~ electric suppliers who are not parties to this Agreement. .~ 16. No Third Party Beneficiaries. There aze no third party beneficiaries to this Agreement. The provisions of this Agreement shall not impart rights enforceable by any person, entity, or organization not a party to this Agreement. 17. Dispute Resolution. Any dispute or need of interpretation between the Parties involving or ~- May 20, 2008 Regular Ciry Council Meeting Exhibit `A" Page 5 of 9 arising under this Agreement shall first be referred for resolution to a senior representative of each Party. Upon receipt of a notice describing the dispute and designating the notifying Party's senior representative and that the dispute is to be submitted to the Parties' senior representatives under this Agreement, the other party shall promptly designate its senior representative to the notifying Party. The senior representatives so designated shall attempt to resolve the dispute on an informal basis as promptly as practicable. If the dispute has not been resolved within thirty (30) days after the notifying' Party's notice was received by the other Party, or within such other period as the Parties may jointly agree, the Parties may exercise their respective rights and remedies at law or in equity. ~, f 18. Existing A eements. Existing agreements between the Parties that are not related to the subject matter of this Agreement, including, but not limited to the Agreement Between the City of Monroe and Union Power Electric Cooperative Relating to Electric Service to Premises in Certain Real Estate Developments dated as of March 6, 2007, shall not be altered. or affected by this Agreement. E ~°` 19. Utility Commission Approval Required. This Agreement is subject to approval of the North Carolina Utilities Commission. Promptly following the execution hereof, the Parties shall submit this Agreement to the Commission for approval, and shall cooperate in seeking such approval. In~the event the Commission disapproves this Agreement it shall i ~^--~, t immediately and automatically become null and void and of no further force and effect; provided, however, the Parties shall utilize best efforts to ensure that an Agreement acceptable to the Commission is filed without undue delay. 20. Notices. All notices or dispute resolution referrals given or made pursuant to this Agreement shall be in writing, delivered in person, mailed by certified mail, return receipt May 20, 2008 Regular City Council Meeting Exhibit "A" Page 6 oj9 requested, or delivery by a recognized overnight courier, postage or fees prepaid, addressed to a Party at the address given below, and shall be deemed effective upon the date received,. ' ~ via personal delivery, certified mail, or overnight delivery. The Parties shall be responsible ~-- ~ for notifying each other of any change of address. Mailing addresses for Parties are as follows: ~. If to City: City of Monroe 308 West Crowell Street Post Office Box 69 Monroe, North Carolina 28111-0069. Attention: City Manager If to Union EMC: Union Electric Membership Corporation Post Office Box 5014 Monroe, North Carolina 28111-5014 Attention: General Manager ,~ n 21. Miscellaneous. This Agreement, including Exhibit A, constitutes the entire agreement and understanding between the Parties and it is understood and agreed that all undertakings, negotiations, representations, promises, inducements, and agreements heretofore entered into between the Parties with respect to the matters contained herein are merged in this Agreement. This Agreement may not be changed orally, but only by a written document i signed by all Parties and approved by the Commission. No waiver of ariy of the provisions t .,. j of this Agreement shall be valid unless in writing and signed by the Party against whom it is sought to be enforced. The provisions of this Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns. The provisions of this Agreement shall be governed. by and construed. and enforced in accordance with the laws of the State of North Cazolina. The headings contained in this May 20, 2008 Regular City Council Meeting Exhibit "A" _ Page 7oJ9 ~~ ._.. t~ r -~ (~' Agreement are solely for the convenience of the Parties and da not canstitute a part of this Agreement and shall not be used to construe or interpret any provisions hereof. This Agreement shall be considered for all purposes as having been prepared by the joint efforts of the Parties and shall not be construed against one Party or the other as a result of preparation, substitution, submission, or other event of negotiation. The invalidity or unenforceability of any term or provision of this Agreement shall not affect the validity or enforceability of any other provisions of this Agreement, which shall remain in full force and effect, and, if any such unenforceable provision hereof is enforceable in any part or to any lesser extent, such provision shall be enforceable in all such parts and. to the greatest extent permissible under applicable law. This Agreement may be executed in any number of counterpaz-ts each of which shall be deemed an original and all of which taken together shall constitute one and the same instrument, and the Parties hereto may execute this Agreement by signing any such counterpart. IN WITNESS WHEREOF, the City of Monroe and Union Power Cooperative have caused this Agreement of Electric Suppliers to be signed and sealed by their respective authorized representatives effective the date first above written. ,City Cler~- CITY OF MONROE By. obb Kil r ayor Y May 20, 2008 Regular City Council Meeting Exhibit "A" Page 8 oj9 li .. UNION POWER COOPERATIVE By: ~ ~~~~ B. L. Stai7ies, President ~~ ~` i ~ Attest: ~~ ~ .,..~ Dent Hall Turner, Jr. ~ Assistant Secretary I i I, ~,~. i I I I~ i j ~ May 20, 2008 Regular Ciry Council Meeting Exhibit `A" ~ j Page 9 oj9 i