City Council Meeting Agendas and Minutes

REGULAR SESSION OF JULY 30, 2013 The City of Kings Mountain, North Carolina met in Regular Session at 6:00 p.m. on Tuesday, July 30, 2013 in the Council Chambers of City Hall with Mayor Rick Murphrey presiding. ATTENDANCE The following Councilmembers were present: Howard Shipp, Rodney Gordon, Keith Miller, Dean Spears, Mike Butler, Tommy Hawkins and Rick Moore. Also present: Mickey Corry, City Attorney, Marilyn Sellers, City Manager and Ann Sessom, City Clerk. INVOCATION The invocation was given by Reverend Hobby Outten, Resurrection Lutheran Church, Kings Mountain, N.C. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Rick Murphrey. AGENDA ADOPTION Mayor Rick Murphrey asked City Council if they would like to make any changes to the proposed agenda. The City Manager requested that Item 9-K be added under Consent to read: “Authorize the mayor to enter into an agreement with Cleveland County Elections Board to use the H. Lawrence Patrick Senior Center as a polling site in Kings Mountain” and Councilmember Mike Butler requested that Item 9-D be removed from the Consent Agenda and placed as Item 14 under the Regular Agenda to allow discussion. Upon motion by Councilmember Howard Shipp and seconded by Councilmember Keith Miller, it was unanimously voted to adopt the agenda as presented with the two changes noted. SPECIAL PRESENTATION AND RECOGNITIONS City Councilmembers Comments and Remarks: Councilmember Tommy Hawkins thanked Ellis Noell for his hard work on the City’s Beach Blast. It was a great event and everyone had a good time. Minutes – July 30, 2013 Page 2 Mayor’s Comments and Remarks: Mayor Murphrey recognized the following employees for their years of service with a framed certificate and service pin: • Bobby King 30 Years of Service Fire Captain • Larry Ware 20 Years of Service Police Sergeant • Eric Jackson 10 Years of Service Equip. Operator • Heather Coleman 5 Years of Service Permit Clerk Moss Lake • Mari Slaughter 5 Years of Service Library Assistant Mayor Murphrey read a Proclamation proclaiming the City of Kings Mountain as a “Purple Heart City” and recognized the following men as a part of Chapter 634, Military Order of the Purple Heart: • Mike Stubbs, Commander – US Army – Life several wars • David (Larry) Rick – Army – Vietnam • Tom Farebrother – Navy/Marines – WWII • Ron Wade – Army – Vietnam • Stephen Jolly – Army – Life several wars Mayor Murphrey thanked them for their sacrifices and thanked all men and women who have served to protect our freedom. SPECIAL EVENTS UPDATE Ellis Noell, Special Events Director, updated the City Council on the following events that took place in July: • Fabulous 4th Celebration • Beach Blast CITIZEN RECOGNITION No one requested to speak. CONSENT AGENDA Upon motion by Councilmember Tommy Hawkins and seconded by Councilmember Mike Butler it was unanimously voted to adopt the following consent agenda: A. Minutes: Approve Minutes of the Regular Meeting June 25, 2013 and Special Session June 18, 2013. Minutes – July 30, 2013 Page 3 B. Approve the use of the Kings Mountain Police Training and Firing Range for a Concealed Weapons Class for the Public on Saturday, August 10, 2013. C. Award contract for Lifeline 100 upgrade of the City’s Viper System to AT&T in the amount of $109,512.00. D. Adopt Resolution authorizing the institution of eminent domain (Condemnation) proceedings for acquisition of easements for the 36 inch waterline from the T. J. Ellison Water Treatment Facility to the City’s water distribution system (Project No. WIF1774). (Remove from Consent and place as Item 14) E. Authorize the Mayor of the City of Kings Mountain, North Carolina to execute with Southern Railway Company for the acquisition of rights-of-way and authority to install twelve (12”) inch, eight (8”) inch and six (6”) waterlines for the Water Rehabilitation Project (Norfolk Southern Activity Nos. 1176688 and 1174990). F. Adopt Resolution 13-21 scheduling a Public Hearing for Tuesday, August 27, 2013 at 6:00 p.m. to consider a voluntary contiguous annexation petition pursuant to G.S. 160A-31 from Infocrossing, Inc. – Tax Map 4-28, Block 1, Lot 22 – Parcel 10979 – Deed Book 1601, Page 1924 – Case No. 2013-VA-3. G. Adopt Resolution 13-22 directing the City Clerk to investigate a voluntary non- contiguous annexation petition received under G.S. 160A-58.1 for TP’S Resurrection Company, LLC (Thomas A. Patterson – owner) – Cleveland Tax Map 4-37, Block 1, Lot 23 – Parcel 11495 – Deed Book 1642 Page 2480 – Case No. 2013-VA-4. H. Adopt Resolution 13-23 approving financing terms for used 2011 Altec Aerial Device (Electric Department) to BB&T in the amount of $84,789 with interest rate of 2.17% with financing term of 5 years (Budgeted item). I. Adopt Resolution 13-24 approving financing terms for 2014 Ford F-50 dump truck (Water Department) to BB&T in the amount of $46,521 with interest rate of 2.31% with financing term of 5 years (Budgeted item). J. Approve a 4.5% landfill rate increase to cover revenue loss passed on by Cleveland County. K. (Added) Authorize the mayor to enter into an agreement with Cleveland County Elections Board to use the H. Lawrence Patrick Senior Center as a polling site in Kings Mountain. Minutes – July 30, 2013 Page 4 PUBLIC HEARING Upon motion by Councilmember Dean Spears and seconded by Councilmember Rick Moore it was unanimously voted to recess the Regular Meeting at 6:25 p. m. and enter into a Public Hearing to discuss the following: Public Hearing to consider an Industrial Incentive Grant to Infocrossing, Inc. – Parcel 10979 – Case No. IIG 1-5-13 – Steve Killian, Planning Director. Steve Killian, Planning Director, stated “This is your advertised Public Hearing for the purpose of receiving input on the making of an industrial incentive offer to Infocrossing . This is part of the discussion that was started when Infocrossing first approached Cleveland County and us about locating to the former CommScope, Axel Alliance, and ChrisCraft building. It has taken a while but we are at the point of City Council making a formal economic development industrial incentive offer. The industrial incentive would last thirty years past your action tonight and in that respect it is similar to the incentive offered on the other data centers that we have industrial incentive agreements with, specially the various T-5 projects. It is also similar in that the incentive would not exceed in any year the city property taxes that are collected by Cleveland County and distributed to us by Cleveland County. Meaning it is a net zero situation. Importantly, the industrial incentive is not worth anything unless the land is annexed next month. Annexation creates a grant that is worth something to the industry meaning it all hinges on annexation. A grant the equivalent of 100% of zero taxes payable to the city is still zero. As always the grant agreement will be developed by legal counsel and subject to legal counsel’s review.” No one else request to speak for or against this matter. Public Hearing to consider Voluntary Contiguous Annexation petition received under G.S. 160A-58.1 for Morgan Place Company, LLC. Cleveland County Tax map 4-26, Block 1, Lots 52, 7 and 2 – Parcels 56260, 10873 and 10862- Deed Book 1656 Page 1224 - Case No. 2013-VA-2 – Steve Killian, Planning Director. Steve Killian, Planning Director, stated “This is the required public hearing for the voluntary annexation request from Morgan Place LLC for three parcels accessible from Vestibule Church Road and close to its intersection with the Shelby Road. The total acreage is 3.263. It is zoned General Business and will most likely be the site of an urgent care facility. We have water and sewer services in the immediate area of the property and the applicant has not asked for any level of service above and beyond what we can provide. Minutes – July 30, 2013 Page 5 It is important to note that the subject land is contiguous to the city already which means we have our rolling services extended to the Ingles site on the opposite side of Vestibule Church Road. We have had two voluntary annexations in the area which included respectively the BP station across Shelby Road and the Ingles site across Vestibule Church Road. The application is in good order and the City Clerk has issued a certificate of sufficiency and thereby you are in a position to take action on the request after the public hearing is closed.” No one else request to speak for or against this matter. Upon motion by Councilmember Rick Moore and seconded by Councilmember Dean Spears, it was unanimously voted to close the Public Hearing at 6:30 p.m. and re-enter the Regular meeting. Action on Item 10-A Upon motion by Councilmember Rodney Gordon and seconded by Councilmember Keith Miller it was unanimously voted to adopt Resolution 13-25 awarding an Industrial Incentive Grant to Infocrossing, Inc. – 140 Riverside Court, Parcel 10979 – Case No IIG- 1-5-13. Action on Item 10-B Upon motion by Councilmember Rodney Gordon and seconded by Councilmember Keith Miller it was unanimously voted to adopt Ordinance 13-15 to extend the corporate limits of the City of Kings Mountain, North Carolina – Morgan Place Company, LLC – Case No 2013-VA-2. Eminent Domain Councilmember Mike Butler requested clarification from the City Attorney on the institution of eminent domain process. Mickey Corry, City Attorney, advised: “This is the proceedings for acquisition of easements for the 36 inch waterline from the T. J. Ellison Water Treatment Facility to the City’s water distribution system (Project No. WIF1774). The process for obtaining the right-of-ways for the new water lines is going well. There are approximately nine of the fifty-one parcels for which easements would be necessary that may not agree. The item on the agenda is to authorize, as stated in State Statute, if we have to do condemnation proceedings this resolution is required by statute to have been adopted by Council for that purpose. Lastly, I am hoping to get my hands on some appraisals this week so we can go back to those nine property owners so we can get some agreement as to easements Minutes – July 30, 2013 Page 6 without the necessity of condemnation if we can.” Councilmember Keith Miller stated “We received conditional approval or conditional ready-to-proceed status for NCDENR. The condition was that we proceed with the condemnation proceedings. If we fail to do this we run the risk of losing our place in line. It is my understanding that the LGC has already received notice of that conditional ready- to-proceed status from DENR and may have us scheduled for their August agenda. If we lose our place in line and lose this funding it could cost the City four million dollars in additional interest.” Upon motion by Councilmember Keith Miller and seconded by Councilmember Rodney Gordon it was voted 6-1 to adopt Resolution 13-20 authorizing the institution of eminent domain (Condemnation) proceedings for acquisition of easements for the 36 inch waterline from the T. J. Ellison Water Treatment Facility to the City’s water distribution system (Project No. WIF1774). Councilmember Mike Butler cast the dissenting vote. CLOSED SESSION Upon motion by Councilmember Keith Miller and seconded by Councilmember Rick Moore it was unanimously voted to recess the Regular Meeting at 6:35 p.m. and enter into a Closed Session to consult with the City Attorney on a legal matter. Upon motion by Councilmember Rick Moore and seconded by Councilmember Tommy Hawkins it was unanimously voted to close the Closed Session at 6:50 p.m. and re-enter the Regular Meeting. Mayor Murphrey stated that no action was taken in Closed Session. ADJOURNMENT Upon motion by Councilmember Rick Moore and seconded by Councilmember Dean Spears, it was unanimously voted to adjourn at 6:50 p.m. BY:____________________________________ Edgar O. Murphrey, Jr., Mayor ATTEST: ____________________________________ Ann L. Sessom, MMC, City Clerk