City of Greensboro Meeting Minutes - Final

City Council

Monday, October 03, 2022 at 5:00 P.m. - 10:00 P.m.

Katie Dorsett Council Chamber

300 West Washington Street, Greensboro, NC 27401

Present:

• Mayor Nancy Vaughan, 
• Mayor Pro-Tem Yvonne Johnson, 
• Councilmember Marikay Abuzuaiter, 
• Councilmember Sharon Hightower, 
• Councilmember Nancy Hoffmann, 
• Councilmember Hugh Holston, 
• Councilmember Zack Matheny, 
• Councilmember Tammi Thurm, 
• and and Councilmember Goldie Wells

Also Present:

• City Manager Taiwo Jaiyeoba, 
• City Attorney Chuck Watts, 
• City Clerk Angela Lord, 
• and Deputy City Clerk Tebony Rosa

---

A.

CALL TO ORDER

This City Council meeting of the City of Greensboro was called to order at 5:00 p.m. on the above date in the Katie Dorsett Council Chamber of the Melvin Municipal Office Building.

Mayor Vaughan conducted a roll call to confirm Councilmembers in attendance; and stated that Councilmember Wells would be joining the meeting at a later time.

Moved by Councilmember Abuzuaiter, seconded by Councilmember Hightower, to go into closed session to preserve the attorney-client privilege between the City's attorneys and the City Council to preserve the attorney client privilege regarding the North Carolina Department of Environmental Quality's (NCDEQ) possible regulation 1-4 dioxane discharge into the public waterways. The motion carried by voice vote.

Council recessed to closed session at 5:01 p.m.; and reconvened at 5:31 p.m. with all members in attendance.

Moved by Councilmember Thurm, seconded by Councilmember Holston, to return to open session at 5:32 p.m. The motion carried by voice vote.

Mayor Pro-Tem Johnson requested for Item I.6./ID 2022-1035 to be moved to Ceremonial/Presentation Items agenda section.

B.

MOMENT OF SILENCE

The meeting opened with a moment of silence.

Mayor Vaughan expressed concern regarding Hurricane Ian victims.

C.

PLEDGE OF ALLEGIANCE

Mayor Vaughan recognized Councilmember Thurm to lead the Pledge of Allegiance to the Flag.

D.

COUNCIL PROCEDURE FOR CONDUCT OF THE MEETING

Mayor Vaughan explained the Council procedure for conduct of the meeting.

E.

CEREMONIAL AND/OR PRESENTATION ITEMS

E.1

2022 – 998 Resolution Recognizing October as Domestic Violence Awareness Month

Councilmember Abuzuaiter read the resolution into the record; and recognized Family Justice Center (FJC) stakeholders.

Client Services Coordinator Sonya Desai provided an overview of partner agencies; current domestic violence metrics; spoke to Camp Weaver and to Camp Hope; to leadership development; and extended an invitation to Council for a ziplining experience.

Councilmember Abuzuaiter spoke to the FJC community impact; and to a nationwide best practices model.

• Moved By Councilmember Abuzuaiter
  Seconded By Councilmember Holston

  Motion to adopt the resolution was approved.

  Ayes (8)	Mayor Vaughan, Councilmember Abuzuaiter, Councilmember Hightower, Councilmember Hoffmann, Councilmember Thurm, Mayor Pro-Tem Johnson, Councilmember Holston, and Councilmember Matheny
  Absent (1)	Councilmember Wells

  Carried (8 to 0)

  330-22 RESOLUTION DECLARING THE MONTH OF OCTOBER 2022 AS DOMESTIC VIOLENCE AWARENESS MONTH

  During National Domestic Violence Awareness Month, we reaffirm our dedication to creating a culture of safety and hope in our community where no one suffers the hurt and hardship caused by domestic violence. We recommit to doing everything in our power to uphold the basic human right to live free from violence and abuse and recognize our shared responsibility in ending this pervasive problem;

  WHEREAS, domestic violence impacts women, men, and children of every age, background, and belief; and is rooted in a pattern of power and control; 

  WHEREAS, physical marks and scars are often the most obvious signs of harm, however, the extent of the pain goes much deeper and can impact one’s mental, physical, and financial health;

  WHEREAS, the COVID-19 pandemic intensified the pressures that couples and families experienced and the need for full community engagement to support those who are hurting and being hurt is paramount;

  WHEREAS, the Guilford County Family Justice Center (FJC) is a beacon of light, coordinating essential services including advocacy, law enforcement, and social, medical, and legal services;

  WHEREAS, vulnerable children and older adults are impacted at higher levels and it is essential that we participate and support innovative collaborations like the FJC’s Pathways and Camp Hope program for children and the FJC’s Elder Justice Committee coordinated community response; 

  WHEREAS, in a community partnership, the FJC has successfully brought together 17 agencies in one place to provide victims with easier access to comprehensive resources. This diverse and unique partnership provides hope and healing to victims of abuse and works diligently to hold offenders accountable; 

  WHEREAS, since the opening of the FJC in mid-June of 2015, over 63,000 citizens have been served, and on average, an individual works with five different organizations when visiting the FJC for the first time;

  WHEREAS, by working together, getting involved, and through promoting awareness we can restore hope, stop the violence, and make our community safer for everyone; and

  NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GREENSBORO:

  That it does hereby declare the month of October 2022, as “DOMESTIC VIOLENCE AWARENESS MONTH” and urges citizens to increase their awareness and education of this destructive force, which deeply affects many families in our State and local community each year, and to become part of the efforts to stop violence in families. 

  (Signed) Marikay Abuzuaiter

  
  

E.2

2022 – 1000 Resolution Recognizing Fire Prevention Week October 9-15, 2022

Councilmember Abuzuaiter read the resolution into the record; and recognized Greensboro Fire Department (GFD) Chief Jim Robinson, Deputy Chief Brent Gerald, and Deputy Chief Dwayne Church.

Deputy Chief Gerald spoke to upcoming community outreach events.

• Moved By Councilmember Abuzuaiter
  Seconded By Mayor Pro-Tem Johnson

  Motion to adopt the resolution was approved.

  Ayes (8)	Mayor Vaughan, Councilmember Abuzuaiter, Councilmember Hightower, Councilmember Hoffmann, Councilmember Thurm, Mayor Pro-Tem Johnson, Councilmember Holston, and Councilmember Matheny
  Absent (1)	Councilmember Wells

  Carried (8 to 0)

  331-22 RESOLUTION RECOGNIZING FIRE PREVENTION WEEK OCTOBER 9TH – 15TH, 2022

  WHEREAS, the City of Greensboro, North Carolina is committed to ensuring the safety and security of all living in and visiting Greensboro; 

  WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire; 

  WHEREAS, home fires killed more than 2,580 people in the United States in 2020, according to the National Fire Protection Association (NFPA), and fire departments in the United States responded to 356,500 home fires; 

  WHEREAS, smoke alarms sense smoke well before you can, alerting you to danger in the event of fire in which you may have as little as 2 minutes to escape safely; 

  WHEREAS, working smoke alarms cut the risk of dying in reported home fires in half and Greensboro’s residents should be sure everyone in the home understands the sounds of the alarms and knows how to respond; 

  WHEREAS, Greensboro’s residents who have planned and practiced a home fire escape plan are more prepared and are therefore more likely to survive a fire; residents should practice their home fire escape drill at least twice a year, during the day and at night; 

  WHEREAS, Greensboro’s residents will make sure their smoke and CO alarms meet the needs of all their family members, including those with sensory or physical disabilities;

  WHEREAS, working smoke alarms cut the risk of dying in reported home fires in half and should be installed in every sleeping room, outside each separate sleeping area, and on every level of the home; when the smoke alarm sounds, every occupant of the home should respond by going outside immediately to the designated meeting place;

  WHEREAS, Greensboro’s first responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education; our residents are responsive to public education measures and can take action to increase their safety from fire, especially in their homes; 

  WHEREAS, the 2022 Fire Prevention Week theme, “Fire won’t wait. Plan your escape,” works to educate everyone about simple but important actions they can take, including preparing a home fire escape plan,  to keep themselves and those around them safe from home fires; and 

  NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GREENSBORO:

  That it hereby declares October 9th – 15th 2022, as “Fire Prevention Week”, in the City of Greensboro, and urges all residents to plan and practice a home fire escape and to support the many public safety activities and efforts of the City of Greensboro Fire Department and surrounding area fire and emergency services.

  (Signed) Marikay Abuzuaiter

  
  

E.3

2022-937 Recognition of the Greensboro Fire Department (GFD) on the Receipt of Agency Accreditation

Mayor Vaughan recognized GFD for agency reaccreditation; presented plaque; and spoke to GFD being the first fire agency nationwide to receive accreditation.

Councilmember Abuzuaiter spoke to the Insurance Services Office (ISO) rating for the GFD; and to insurance rate impacts.

Chief Robinson spoke to a Denver conference; and expressed appreciation for Council support.

Assistant City Manager Trey Davis spoke to the international accreditation recognition.

I.

GENERAL BUSINESS AGENDA

I.6

2022 – 1035 Resolution in Favor of National Single-Payer Universal Comprehensive Healthcare (Medicare for All)

Mayor Pro-Tem Johnson read the resolution into the record; and recognized speakers.

The following speakers spoke to the "Medicare for All" grassroots movement; to insurance deductibles; to financial challenges; and to universal healthcare legislation: Margaret Villani, Lisa McMillan, Cecile Crawford, and Wayne Haley.

and Councilmember Goldie Wells joined the meeting at 6:10 PM.

• Moved By Mayor Pro-Tem Johnson
  Seconded By Councilmember Hightower

  Motion to adopt the resolution was approved.

  Ayes (8)	Mayor Vaughan, Councilmember Abuzuaiter, Councilmember Hightower, Councilmember Hoffmann, Councilmember Thurm, Mayor Pro-Tem Johnson, Councilmember Holston, and Councilmember Matheny
  Absent (1)	Councilmember Wells

  Carried (8 to 0)

  332-22 RESOLUTION IN FAVOR OF NATIONAL SINGLE-PAYER UNIVERSAL COMPREHENSIVE HEALTHCARE (MEDICARE FOR ALL)

  WHEREAS, health care is a right for all individuals, no person should ever face economic ruin and/or loss of healthcare due to costs;

  WHEREAS, national single-payer universal comprehensive health care would rein in the ever-rising U.S. Healthcare Expenditure and produce enough cost savings to cover all residents while upgrading benefits; 

  WHEREAS, in 2020 U.S. Healthcare spending grew by 9.7 percent, reaching $4.1 trillion or $12,530 per person, more than twice the national average healthcare spending of the 38 countries compromising the Organization for Economic Cooperation and Development; 

  WHEREAS, national healthcare spending is already consuming 19.6% of GDP and is expected to reach $6 trillion by 2028, an unsustainable burden; 

  WHEREAS, under this heavy financial burden over 100 million people experience healthcare related financial distress; 

  WHEREAS, many people deal with financial distress by delaying care, using less than prescribed amounts of medication, at the risk of developing avoidable and expensive complications which can be debilitating and even fatal, as well as cutting back on food, clothing and other necessities; 

  WHEREAS, unlike our current system, where high healthcare prices are negotiated privately within the healthcare industry and held as trade secrets, under a single-payer system the government, as the sole payer of healthcare bills, would negotiate lower transparent healthcare prices for the peoples’ benefit; 

  WHEREAS, COVID 19 revealed the inadequacies of our privately insured healthcare system, which fall harder upon underserved marginalized populations, disproportionately employed in essential but low paying positions that provide little or no healthcare insurance; 

  WHEREAS, expensive healthcare benefits burden employers (the City of Greensboro paid $44 million in medical, dental and vision benefits in calendar year 2021); and 

  NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GREENSBORO:

  That it endorses Medicare for All legislation and calls upon our federal representatives to work toward immediate enactment of a national single-payer health plan that assures comprehensive and quality healthcare for all United States residents, without deductibles, co-pays and co-insurance; and 

  BE IT FURTHER RESOLVED that the City of Greensboro requests its Clerk to send copies of this Resolution to U.S. Representative Kathy Manning and U.S. Senators Tom Tillis and Richard Burr.

  (Signed) Yvonne Johnson

  Taking the prerogative of the Chair, Mayor Vaughan recognized Planning Director Sue Schwartz for receipt of the 2022 Daniel Burnham Award for the GSO 2040 Comprehensive Plan; and announced that October was National Community Planning Month.

  Ms. Schwartz displayed a video from American Planning Association (APA) representatives Ben Hitchings and Mitchell Silver; recognized Division Manager Russ Clegg for his logistics project role; and extended appreciation to the citizens of Greensboro.

  (A copy of the award is filed in Exhibit Drawer E, No. 32, which is hereby referred to and made a part of these minutes.)

  
  

F.

PUBLIC COMMENT PERIOD

The following speakers spoke to reproductive care; to health services access; to an educational campaign; and to body autonomy: Cary Anne Broadway and Nate Hayes.

The following speakers spoke to honorary street renaming protocols; to an encroachment release; and to the accomplishments of the late Honorable William Olsteen, Jr.: Michelle Sharpe, Jennifer Revels, Ralph Walker, and Sam Bridges.

Nicole Lindahl spoke to bicycle advocacy; to the state transportation improvement plan; to the future A&Y Greenway connectors; and to street safety. 

The following speakers spoke to serving the homeless community; to necessities; and to ordinance criminalization of the disadvantaged: Barbara Barker, Kay Dunman, Mike Murray, Earl Zayack, Kristie Zayack, Rebecca Deel, George Achini, Malique Hough, and Hester Petty. 

Miss Piedmont USA pageant contestant Danyel Joseph highlighted her value education platform; spoke to academic excellence; and to generational wealth. 

The following speakers voiced concern regarding paratransit fares: Anthony Young, Anjail Ahmad, Tonya Hamiel, and Tracy King.

G.

CONSENT AGENDA (One Vote)

Mayor Vaughan asked if anyone wished to remove any items from the consent agenda; and reminded Council that any items removed from the consent agenda, other than for a recusal or for the purpose to vote 'No' would be placed on the next business meeting agenda as a business item.

• Moved By Mayor Pro-Tem Johnson
  Seconded By Councilmember Matheny

  Ayes (9)

  Mayor Vaughan, Mayor Pro-Tem Johnson, Councilmember Abuzuaiter, Councilmember Matheny, Councilmember Hoffmann, Councilmember Holston, Councilmember Thurm, Councilmember Wells, and Councilmember Hightower

  Carried (9 to 0)

G.1

2022 – 968 Resolution Authorizing Change Order for Workforce Development Youth Services Contract (contract #: 2020-5221) in the Amount of $212,000 with Educational Data Systems, Inc. to an Amount of $1,262,000

• Moved By Mayor Pro-Tem Johnson
  Seconded By Councilmember Matheny

  Motion to adopt the resolution was approved.

  Carried

  333-22 RESOLUTION AUTHORIZING CHANGE ORDER FOR WORKFORCE DEVELOPMENT EDUCATIONAL DATA SYSTEMS, INC. (EDSI) IN AN AMOUNT NOT TO EXCEED $212,000 FOR FISCAL YEAR 2022-23

  WHEREAS, the Office of Workforce Development serves as the administrative entity for the GuilfordWorks (WDB) to provide services under the Workforce Innovation and Opportunity Act (WIOA);

  WHEREAS, the Office of Workforce Development has an existing contract (contract #: 2020-5221) with Educational Data Systems, Inc. to provide WIOA services to Youth;

  WHEREAS, due to high demand of services, additional funds are needed in the contract in order to provide effective services to customers through the end of the contract period (6/30/2023);

  WHEREAS, funds have been sufficiently budgeted in the Workforce Development WIOA Fund for completion of services authorized through June 30, 2023; and

  NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GREENSBORO:

  That the City is authorized to negotiate final contract modification terms and prepare a contract modification with Educational Data Systems, Inc. in an amount not to exceed $1,262,000 to provide FY 2022-23 Workforce Innovation and Opportunity Act Youth services through June 30, 2023.  The City Manager is hereby authorized to execute on behalf of the City of Greensboro a contract modification to Educational Data Systems, Inc. contract to carry this into effect.

  (Signed) Yvonne Johnson                                                         

  
  

G.2

2022 – 996 Ordinance to Approve Contract for Workforce Development in the Amount of $112,320 with Longleaf Network

• Moved By Mayor Pro-Tem Johnson
  Seconded By Councilmember Matheny

  Motion to adopt the ordinance was approved.

  Carried

  22-214 ORDINANCE ESTABLISHING CONTRACT FOR WORKFORCE DEVELOPMENT AND LONGLEAF NETWORK IN AN AMOUNT NOT TO EXCEED $112,320.00 FOR FISCAL YEAR 2022-23

  WHEREAS, the Office of Workforce Development serves as the administrative entity for the GuilfordWorks (WDB) to provide services under the Workforce Innovation and Opportunity Act (WIOA);

  WHEREAS, GuilfordWorks Workforce Development Board (WDB) has received funds from Clark University to provide training opportunities in the Information Technology (IT) industry sector for unemployed or underemployed workers. It is mutually agreed that training services will be provided in alignment with the terms of agreement;

  WHEREAS, the Longleaf Network, also referred to as the Employer Partner will provide employment and on the job training services to eligible individuals through GEAR UP Adult Specialized Apprenticeship Program with GuilfordWorks, authorized and funded under TechBoost and TechQuest Apprenticeship Grants;

  WHEREAS, the on the job training has a duration of 12 months up to 2080 hours per participants. Providing well supervised, structured, and meaning training experience and increase participant knowledge of work readiness skills and experience;

  WHEREAS, due to high demand of services, funds are needed in the contract in order to provide effective services to participants through the end of the contract period (6/30/2023);

  WHEREAS, funds have been sufficiently budgeted in the Workforce Development WIOA Fund for completion of services authorized through June 30, 2023; and

  NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GREENSBORO:

  That the City is authorized to negotiate final contract terms and approve the contract with Longleaf Network in an amount not to exceed $112,320.00 to provide FY 2022-23 Workforce Innovation and Opportunity Act Apprenticeship services through June 30, 2023.  The City Manager is hereby authorized to execute on behalf of the City of Greensboro a contract to Longleaf Network to carry this into effect.

  (Signed) Yvonne Johnson                             

  
  

G.3

2022 -1007 Ordinance for Appropriation of United Way of Greater Greensboro Budget Donation in the Amount of $7,500

• Moved By Mayor Pro-Tem Johnson
  Seconded By Councilmember Matheny

  Motion to adopt the ordinance was approved.

  Carried

  22-215 ORDINANCE AMENDING THE WORKFORCE INVESTMENT ACT (WIA) FUND BUDGET IN THE AMOUNT OF $7,500 FOR APPROPRIATION OF UNITED WAY OF GREATER GREENSBORO GIFT FOR INTEGRATED SERVICE DELIVERY (ISD) NETWORK PROGRAMMING

  Section 1

  BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GREENSBORO: 

  That the Workforce Investment Act (WIA) Fund Budget of the City of Greensboro is hereby amended as following:

  That the appropriation to the Workforce Investment Act (WIA) Fund be increased as follows: 

  Account name – WIOA Guilford WDB
                                                                                 
  Account                          Description                                                           Amount      

  216-0216-60.5565         WIA Support Svcs                                                 $7,500

  TOTAL:                                                                                                             $7,500                                                                    
   And, that this increase be financed by increasing the following Workforce Investment Act (WIA) Fund account:

  Account                          Description                                                         Amount
  216-0216-60.8620        Donations & Private Contributions                $7,500   

  TOTAL:                                                                                                         $7,500

  Section 2  

  And, that this ordinance should become effective upon adoption.

  (Signed) Yvonne Johnson

  
  

G.4

2022-749 Budget Adjustment Requiring Council Approval September 13, 2022 through September 23, 2022

Motion to adopt the budget adjustments requiring Council approval from September 13, 2022 through September 23, 2022 over the amount of $50,000 was approved.

(A copy of the report is filed in Exhibit Drawer E, No. 32, which is hereby referred to and made a part of these minutes.)

• Moved By Mayor Pro-Tem Johnson
  Seconded By Councilmember Matheny
  Carried

G.5

2022-750 Budget Adjustment Approved by Budget Officer September 13, 2022 through September 23, 2022

Motion to adopt the budget adjustments accepted by the Budget Officer from September 13, 2022 through September 23, 2022 was approved.

(A copy of the report is filed in Exhibit Drawer E, No. 32, which is hereby referred to and made a part of these minutes.)

• Moved By Mayor Pro-Tem Johnson
  Seconded By Councilmember Matheny

  This information is being provided to Council for informational purposes only.

  Carried

G.6

2022 – 985 Motion to Approve the Minutes of the Regular Meeting of August 16, 2022

Motion to adopt the minutes of the Regular Meeting of August 16, 2022 was approved.

• Moved By Mayor Pro-Tem Johnson
  Seconded By Councilmember Matheny
  Carried

H.

PUBLIC HEARING

H.1

2022 – 983 Public Hearing to Receive Public Comments on the 2022 Justice Assistance Grant

Mayor Vaughan stated this was the time and place set for a public hearing to consider item H.1./ID 2022-983 a Public Hearing to Receive Public Comments on the 2022 Justice Assistance Grant.

Being there were no speakers, the public hearing closed by affirmation.

I.

GENERAL BUSINESS AGENDA

I.1

2022 – 979 Solid Waste Hauling Services Contract Resolution to Approve in the Estimated Amount of $12,783,347.00 with Hilco Transport, Inc.

Councilmember Hightower voiced concern regarding Minority and Women's Business Enterprise (M/WBE) combined subcontractor goals.

• Moved By Councilmember Holston
  Seconded By Councilmember Matheny

  Motion to adopt the resolution was approved.

  Ayes (9)

  Mayor Vaughan, Mayor Pro-Tem Johnson, Councilmember Abuzuaiter, Councilmember Hightower, Councilmember Hoffmann, Councilmember Matheny, Councilmember Thurm, Councilmember Wells, and Councilmember Holston

  Carried (9 to 0)

  334-22 RESOLUTION AUTHORIZING CONTRACT IN THE AMOUNT OF $12,783,347 WITH HILCO TRANSPORT, INC FOR THE HAULING OF MUNICIPAL SOLID WASTE

  WHEREAS, the Field Operations Department is responsible for operating the Solid Waste Transfer Station facility for the City of Greensboro; 

  WHEREAS, the Field Operations Department needs contracted services to meet the regulatory requirements of the permits; 

  WHEREAS, a request for proposals was issued on August 3, 2022, and proposal received to provide municipal solid waste hauling services; 

  WHEREAS, Hilco Transport, Inc. submitted a complete and responsive bid and was selected to provide the municipal solid waste hauling services as the best value for the City;

  WHEREAS, the estimated annual cost of this service is $4,261,116 and contract term will be three (3) years; and
   
  NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GREENSBORO:

  That the proposal submitted by Hilco Transport, Inc. is hereby accepted, and the City is authorized to enter into a contract with Hilco Transport, Inc. for municipal solid waste hauling services consistent with the draft agreement provided in the request for proposals. The City Manager is hereby authorized to execute on behalf of the City of Greensboro a contract to carry the proposal into effect.

  (Signed) Hugh Holston

  
  

I.2

2022 – 1014 Ordinance to Establish Funding for Council Approved ARPA Enabled Projects

• Moved By Councilmember Thurm
  Seconded By Councilmember Holston

  Motion to adopt the ordinance was approved.

  Ayes (8)	Mayor Vaughan, Councilmember Abuzuaiter, Councilmember Hightower, Councilmember Hoffmann, Councilmember Thurm, Councilmember Wells, Mayor Pro-Tem Johnson, and Councilmember Holston
  Noes (1)	Councilmember Matheny

  Carried (8 to 1)

  22-216 ORDINANCE AMENDING THE FY 2022 – 2023 GENERAL FUND BUDGET IN THE AMOUNT OF $7,229,823 TO SUPPORT ARPA ENABLED COMMUNITY FUNDING REQUESTS

  BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GREENSBORO:

  Section 1

  That the FY 2022 - 2023 General Fund budget of the City of Greensboro is hereby amended as follows:

  That the appropriation to the General Fund be increased as follows:

  Account                         Description                                                      Amount
  101-9580-01.5931       Contribution to Nongovernmental Agency    $7,229,823
  TOTAL                                                                                                          $7,229,823

  And, that this increase be financed by increasing the following FY 2022 – 2023 General Fund account:

  Account                         Description                                                      Amount
  101-9580-01.9230      Transfer from ARPA Grant Fund 230               $7,229,823
  TOTAL                                                                                                         $7,229,823

  Section 2

  And, that this ordinance should become effective upon adoption.

  (Signed) Tammi Thurm

  Council recessed at 7:36 p.m.; and reconvened at 8:00 p.m. with all members in attendance.

  
  

I.3

2022 – 1032 Ordinance to Adopt Amendments to Greensboro City Code of Ordinance Section 16-10 Putting Objects or Substances on Street or Other Public Place or Space

Mayor Vaughan read items I. 3./ID 2022-1032 an Ordinance to Adopt Amendments to Greensboro City Code of Ordinance Section 16-10 Putting Objects or Substances on Street or Other Public Place or Space; I. 4./ID 2022-1033 an Ordinance to Adopt Amendments to Greensboro City Code of Ordinance Sec 18-44 Blocking or Impeding Street and Sidewalk Access; and I. 5./ID 2022-1034 an Ordinance to Adopt Amendment to Greensboro City Code of Ordinances Section 18-50 Unlawful Noise Producing Activities into the record.

The following speakers voiced concern regarding treatment of the underserved population; ordinance impacts on food service volunteers; spoke to debris collection; to poverty criminalization; and to finding humane solutions: Hester Petty, Heather Griffin, Amy Haley, Keith Curl-Dove, Del Stone, Frank Mickens, Sharon Burgos, Luis Medina, Paulette Montgomery, Christine Hoepfner, Sierra Franco, Cathryn Bennett, and Nora Ayala. 

Discussion took place regarding free speech case law; First Amendment exceptions; ordinance revisions; good faith efforts; a stakeholders focus group; a homelessness task force; panhandling; rapid recovery housing; ordinance enforcement methods; and public safety.

Moved by Mayor Pro-Tem Johnson, seconded by Councilmember Hightower, to table the three ordinances. The motion failed.

• Moved By Mayor Pro-Tem Johnson
  Seconded By Councilmember Hightower

  Motion to table the three ordinances was defeated.

   

  Ayes (4)	Councilmember Hightower, Councilmember Wells, Mayor Pro-Tem Johnson, and Councilmember Holston
  Noes (5)	Mayor Vaughan, Councilmember Abuzuaiter, Councilmember Hoffmann, Councilmember Thurm, and Councilmember Matheny

  Defeated (4 to 5)

  Discussion ensued regarding unsheltered population resources; gap funding; permanent supportive housing; and generating long-term solutions. 

  Councilmember Matheny requested staff to research the Regency Hotel acquisition; and a wraparound service plan.

  Mayor Vaughan left the meeting at 9:34 p.m.; and returned at 9:36 p.m.

  
  
• Moved By Councilmember Matheny
  Seconded By Councilmember Thurm

  Motion to adopt the ordinance was approved.

  Ayes (5)	Mayor Vaughan, Councilmember Abuzuaiter, Councilmember Hoffmann, Councilmember Thurm, and Councilmember Matheny
  Noes (4)	Councilmember Hightower, Councilmember Wells, Mayor Pro-Tem Johnson, and Councilmember Holston

  Carried (5 to 4)

  22-217 ORDINANCE TO ADOPT AMENDMENTS TO THE GREENSBORO CODE OF ORDINANCES SECTION 16-10 PUTTING INJOURIOUS OBJECT OR SUBSTANCE ON STREET

  Sec. 16-10. Putting injurious object objects or substances on street or other public place or space.

  It shall be unlawful to throw, drop or deposit, or cause to be thrown, dropped or deposited on any street, avenue, alley, highway, footway, sidewalk, park, or other public place or space in the City, any object, substance, or waste (including but not limited to, refuse, garbage, ashes, rubbish, building rubbish, dead animals, putrescible matter, paper, drinking cups, broken glass, tacks, brush, grass, weeds, and anything injurious to health).It shall be unlawful to put any object or substance on a street which is likely to cause injury to a person, animal, or vehicle. Any person who accidentally drops any such object or substance on a street must immediately remove it, or cause it to be removed. If the item is a vehicle, the procedures set forth in Chapters 16 or 17 of these ordinances shall set forth the manner of removal.  Any person removing a wrecked or damaged vehicle from a street must remove any injurious substance or hazard left on the street as a result of the damage to the vehicle. Pursuant to G.S. § 14-4(a) a violation of this Sectionchapter shall be a Class 3 misdemeanor with a maximum fine of fifty dollars ($50.00).

  (Signed) Zack Matheny

  Mayor Vaughan requested staff to provide ordinance information to tow truck companies.

  
  

I.4

2022 – 1033 Ordinance to Adopt Amendments to Greensboro City Code of Ordinance Sec 18-44 Blocking or Impeding Street and Sidewalk Access

• Moved By Councilmember Matheny
  Seconded By Councilmember Thurm

  Motion to adopt the ordinance was approved.

  Ayes (6)	Mayor Vaughan, Councilmember Abuzuaiter, Councilmember Hoffmann, Councilmember Thurm, Mayor Pro-Tem Johnson, and Councilmember Matheny
  Noes (3)	Councilmember Hightower, Councilmember Wells, and Councilmember Holston

  Carried (6 to 3)

  22-218 ORDINANCE ADOPTING AMENDMENT TO GREENSBORO CITY CODE OF ORDINANCES SECTION 18-44 BLOCKING OR IMPEDING STREET AND SIDEWALK ACCESS

  Sec. 18-44. Blocking or impeding street and sidewalk access.

  (a)   Purpose and intent. The city has the general authority and control over all public streets, sidewalks, and other ways of public passage within its corporate limits, except those ways of public passage that are owned or maintained by the State of North Carolina. The city has the duty to keep such streets, sidewalks, and other ways of public passage open for travel and free from unnecessary obstructions. G.S. 160A-296. This ordinance prohibits actions that block or impede the safe passage of pedestrians and vehicles on public sidewalks and streets.

  (b)   Definitions. The following words, terms, and phrases when used in this section shall have the meanings set forth in this subsection, unless the context of their usage clearly indicates another meaning:

  (1)   Block means any person, object, objects preventing at least thirty-six (36) linear and contiguous inches of clear access to freely pass through a sidewalk, public passageway, or entrance or exit to a building. to unreasonably obstruct passage on a sidewalk or entrance or exit to a building.

  (2)   Impede means to render the use of a street unreasonably difficult or dangerous, including the following actions:

  1. Weaving or darting through, around, and in between multiple occupied vehicles, whether the vehicle is stopped or in travel, for a purpose other than passage to a sidewalk. This (i) subsection is meant to prohibit walking through a street parallel to the sidewalk but not meant to prohibit crossing lanes of a street to reach occupied vehicles when a stop light is red.
  2. Placing or throwing a tangible thing on or inside an occupied vehicle that is on the street, except if an occupant requests that the acting individual deliver the tangible thing to an occupant or consents to such exchange.

  iii.   Standing, sitting, or lying down on the portion of a traffic island that is less than six (6) feet wide, except where using the traffic island to cross the street or during an emergency.

  (3)   Sidewalk means the part of a street improved for pedestrian traffic.

  (4)   Street means the entire width between property lines of every way or place of whatever nature, when any part thereof is open to the use of the public as a matter of right for the purpose of vehicular traffic. The terms "street" and "highway" are synonymous.

  (5)   Traffic island. A raised portion of the street in between lanes of traffic intended to separate lines of traffic or guide traffic, not to hold people or provide pedestrian refuge. A traffic island may be commonly called a median. For the purpose of this section, a traffic island is any raised part of the street meant to separate lanes of traffic that is less than six (6) feet in width. Width is measured as the length of the traffic in the direction of pedestrian travel if the pedestrian is traveling perpendicular to the street.

  (6)   Vehicle means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon fixed rails or tracks; provided, that for the purposes, of this chapter bicycles shall be deemed vehicles.

  (c)   It shall be unlawful for an individual to impede the use of a street or highway.

  (d)   It shall be unlawful for an individual to block a sidewalk or public passageway, or to place an object or objects on the sidewalk or public passageway which blocks the sidewalk or public passageway.  If an object or objects shall block the sidewalk or public passageway, a law enforcement officer or his designee shall promptly dispose of the object(s) where practicable. 

  (e)   It shall be unlawful for an individual to block the entrance or exit to a building served by a sidewalk or street unless otherwise granted permission by the owner or tenant. Permission granted by the owner may be evidenced by verbal or written confirmation of permission from the owner or tenant.

  (f)    Nothing in this subsection shall be interpreted to prohibit the exchanging of objects into and out of vehicles where the vehicle is stopped or parked according to traffic laws and no blocking or impeding of a street or sidewalk occurs. Where an individual is engaged in lawful activity on the sidewalk and such activity evokes a response by a third party that is in violation of this section or any other ordinance or state law, the individual engaged in lawful activity shall not be in violation of this section.

  (g)   This section shall not apply to actions taken by first responders; or to actions taken in response to an emergency or to prevent an accident.

  (h)   This section shall not apply to persons or entities granted a permit by the city for purposes, including, but not limited to, under chapter 26 and chapter 18, section 2 of this Code.

  (i)    This section does not apply to acts to the extent they are allowed by, and done in conformity with, a permit issued by a governmental person.

  (i)    No action punishable under G.S. § 20-174.1 shall be punishable under this section. This section shall only apply to public streets, sidewalks, and other ways of public passage within the city's corporate limits for which authority and control is not vested in the North Carolina Board of Transportation.

  (j)    Pursuausnt to G.S. § [14-4] a violation of this section shall be a class 3 misdemeanor punishable by a fine of up to fifty dollars ($50.00).

  (Signed) Zack Matheny

  
  

I.5

2022 – 1034 Ordinance to Adopt Amendment to Greensboro City Code of Ordinances Section 18-50 Unlawful Noise Producing Activities

Moved by Councilmember Hightower, seconded by Councilmember Thurm, to amend the ordinance to clarify amplified noise for permitted protests and rallies. The motion carried on the following roll call vote:

Ayes: Mayor Vaughan, Mayor Pro-Tem Johnson, Councilmember Abuzuaiter, Councilmember Hightower, Councilmember Hoffmann, Councilmember Holston, Councilmember Matheny, Councilmember Thurm, and Councilmember Wells.

• Moved By Councilmember Thurm
  Seconded By Councilmember Abuzuaiter

  Motion to adopt the ordinance was approved.

  Ayes (9)

  Mayor Vaughan, Councilmember Abuzuaiter, Councilmember Hightower, Councilmember Hoffmann, Councilmember Thurm, Councilmember Wells, Mayor Pro-Tem Johnson, Councilmember Holston, and Councilmember Matheny

  Carried (9 to 0)

  22-219 ORDINANCE TO ADOPT AMENDMENT TO GREENSBORO CITY CODE OF ORDINANCES SECTION 18-50 UNLAWFUL NOISE PRODUCING ACTIVIES

  Sec. 18-50. Unlawful noise producing activities.

  Notwithstanding any other provision of this article the following acts and activities are declared to be unreasonably loud and disturbing in violation of section 18-48, but this enumeration shall not be deemed to be exclusive.

  (a)   Blowing horns. Sounding any horn, whistle or signal device on any automobile, motorcycle, bus or other vehicle or railroad train, except as a danger signal or as required by law, creating any unreasonably loud or disturbing sound or sounding such device for an unreasonable period of time.

  (b)   Radios, record players, etc. Playing any radio, television set, record player, or musical instrument as to annoy or disturb the quiet, comfort or repose of any person of normal sensibilities in any dwelling, motel, hotel, apartment, or any type of residence.

  (c)   Sound-producing equipment in vehicles. Playing any radio, tape recorder, cassette player, compact disc, or other similar device for reproducing sound located on, or in, any motor vehicle on a public street, highway, or within, the motor vehicular area of any public or private parking lot or park, or drive through, if the sound generated is audible at a distance of thirty (30) feet from sound producing equipment.

  (d)   Pets. Keeping any animal or bird, which, by causing frequent or long continued noise, disturbs the comfort and repose of any person in the vicinity.

  (e)   Use of vehicles. Using any automobile, motorcycle, or vehicle so out of repair, altered, maintained, or operated in such manner as to create unreasonably loud or disturbing noise including, but not limited to, engaging in jackrabbit starts, spinning tires, racing engines, or other such operation.

  (f)    Blowing whistles. Blowing any steam whistle attached to any stationary boiler except as a warning of danger.

  (g)   Compressed air devices. Using any mechanical device operated by compressed air unless the noise created thereby is effectively muffled and reduced.

  (h)   Building operations. Erection, demolition, alteration, or repair of any building (including excavation and grading), in a residential district between the hours of 6:00 p.m. and 7:00 a.m. of any day or in any district other than a residential district between the hours of 10:00 p.m. and 7:00 a.m. of any day.

  (i)    Noises near schools, etc. Creating noise on any street, or public way, or near any school, institution of learning, library, or sanitarium, or court while the same is in session, or adjacent to any hospital, rest home, nursing home, or any real property owned by a religious institution during services, or which otherwise interferes with the working of such institution.

  (j)    Bells or gongs. Sounding any bell or gong which disturbs the quiet or repose of persons in the vicinity.

  (k)   Blowers, engines. Operation of any noise-creating blower, power fan, steam engine, or any internal combustion engine, the operation of which causes noise due to the explosion or expansion of operating gases or fluids, unless the noise emitted there from is sufficiently muffled and the engine is equipped with a muffler device in good working condition and designed to manufacturer's specifications and sufficient to deaden such noise, which causes annoyance to the public or disturbs the rest and quiet of persons on adjacent premises or within the vicinity.

  (l)    Appliances and other mechanical devices. The operation of any noise-producing appliance or other mechanical device which, due to operational deficiencies, malfunction or other type of disrepair, causes noises which unreasonably annoy the public or disturb the rest and quiet of persons on adjacent premises or within the vicinity.

  (m)  Vehicular loudspeakers or amplifiers for commercial purposes. The use of mechanical loudspeakers or amplifiers on, or in, automobiles, trucks, airplanes or other vehicles for advertising or other commercial purposes.

  (n)   Street vendors. Street vendors cannot use sound or permit the sounding of any device which produces noise or operate any loudspeaker, public address system, radio, sound amplifier or similar device to attract the attention of the public.

  (o) The operation on public property or on public vehicular areas of any sound amplifier which is part of, or connected to, any radio, stereo receiver, compact disc player, cassette tape player, or other similar device when operated in such a manner as to be plainly audible at a distance of thirty (30) feet from the building, structure, or vehicle in which it is located, except when such operation is a part of a protest or rally permitted under Chapter 26, Article IX.

  (p) The operation on public property of any sound amplifier which is part of, or connected to, any microphone, radio, stereo receiver, compact disc player, cassette tape player, or other similar device when operated in such a manner as to be plainly audible at a distance of thirty (30) feet from the amplifier, except when such operation is a part of a protest or rally permitted under Chapter 26, Article IX.

  (Signed) Tammi Thurm

  
  

J.

MATTERS TO BE DISCUSSED BY THE MAYOR AND MEMBERS OF THE COUNCIL

Taking the prerogative of the Chair, Mayor Vaughan opened the floor to Boards and Commissions appointments. There were no appointments from Council. 

Mayor Vaughan requested staff to research a speaker removal ordinance; and parameters regarding future Council meeting attendance.

Councilmember Thurm highlighted the Participatory Budgeting voting period; requested staff to provide a pallet home proposal; and Regency Hotel property placement seasonal relocation. 

Mayor Vaughan highlighted the Yom Kippur holiday; requested staff to present a religious holiday cultural calendar; and spoke to software training.

Mayor Pro-Tem Johnson spoke to a Triad Stage play showcasing Bennett College students in the Civil Rights Movement.

Councilmember Hightower recognized Workforce Development Director Chris Rivera's departure from the City of Greensboro.

K.

MATTERS TO BE PRESENTED BY THE CITY MANAGER

There were no items for discussion by the City Manager.

L.

MATTERS TO BE PRESENTED BY THE CITY ATTORNEY

There were no items for discussion by the City Attorney.

M.

ADJOURNMENT

It was the consensus of City Council to adjourn the meeting.

The City Council Adjourned at 9:58 p.m.

 

___________________________                        ____________________________

Nancy Vaughan, Mayor                                           Tebony Rosa, Deputy City Clerk