REGULAR SESSION OF AUGUST 28, 2018

The City of Kings Mountain, North Carolina met in Regular Session at 6:00 p.m. on Tuesday, August 28, 2018 in the Council Chambers of City Hall with Mayor Scott Neisler presiding.

ATTENDANCE

The following Councilmembers were present: David Allen, Keith Miller, Rodney Gordon, Tommy Hawkins, Annie Thombs and Mike Butler. Jay Rhodes was excused from the meeting due to vacation.

Also, present: Mickey Corry, City Attorney, Marilyn Sellers, City Manager and Karen Tucker, City Clerk.

INVOCATION

The invocation was given by Dr. Steve Taylor, Bethlehem Baptist Church.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Mayor Neisler.

AGENDA ADOPTION

Upon Motion by Councilmember Keith Miller, seconded by Councilmember David Allen, it was unanimously voted to adopt the proposed Agenda.

SPECIAL PRESENTATION AND RECOGNITIONS

Mayor’s comments and remarks

Mayor Neisler introduced Honorable House Speaker Tim Moore and welcomed him to the meeting. House Speaker Moore presented the City with a State grant in the amount of $100,000 to be used for downtown revitalization. He stated that one of the great things that was included in this budget and the last two budget cycles is to include grants for downtown revitalization projects. He stated that he was very impressed with the Cherokee Street parking lot project and sidewalks that the City completed with the grant funds from last year. The City of Kings Mountain, Boiling Springs and Shelby have received grants to improve downtown.

Mayor Neisler thanked House Speaker Moore for his support and stated that the City has committed to a Streetscape Project and these dollars will help implement the plan. Minutes – August 28, 2018 Page 2

Mayor Neisler recognized Patti Barnette, Billing Department for her 20 years of service.

Mayor Neisler read the following recognitions:

 Proclamation – Fall Litter Sweep  Proclamation honoring the 11-12 All Star Team  Proclamation honoring the 13-14 All Star Baseball Team

Mayor Neisler stated that the Ribbon Cutting for the NTE Power Plant was today and it was a great ceremony. He stated that “it’s probably the most significant thing we’ve done since building Moss Lake.” He stated that they did not have to annex but they choose to do so which results in tax revenues that will help keep tax rate low for our citizens.

City Councilmembers Comments and Remarks

Councilmember Tommy Hawkins stated that he agreed with Mayor Neisler regarding the great afternoon at NTE Power Plant.

Councilmember Keith Miller stated that “this project happened because of staff members who have gone above and beyond just doing their job”. He thanked Nick Hendricks and other staff for their vision for something better for the City.

Councilmember Rodney Gordon stated that officials from NTE were bragging on the great quality of water stating that it was the cleanest they have ever analyzed. NTE recycles the water seven times before they send it back.

SPECIAL EVENTS UPDATE

Christy Conner, Special Events Coordinator updated Council on the success of the Beachblast Festival stating that the event drew visitors from all over. She stated that a poll was taken by asking visitors to give the zip code that they were visiting from. They polled 547 people and of those polled 318 were from of town and 229 were from the “28086” zip code. It was a great day for Kings Mountain to pull people in from different areas, even different states to enjoy our festival. She thanked City staff and volunteers for their hard work in making Beachblast a success.

The 9/11 Observance will be hosted by the American Legion Riders. This will take place on Tuesday, September 11, 2018 at Noon. The Mountaineer Days Heritage Festival will be held on October 12-13, 2018. The Homecoming Parade will kick off the festival on Friday afternoon. Minutes – August 28, 2018 Page 3

The Ghost Tour will be on October 26-27, 2018.

The last event will be our Christmas festivities, which will feature a month-long Christmas experience. More details to come on all that will be happening downtown.

Nick Hendricks asked that Council along with staff and guest who are present to observe a moment of silence in memory of Councilmember Howard Shipp who was deeply involved in the decisions made regarding the NTE Plant.

Mr. Hendricks introduced City of Gastonia Councilmember James Gallager, current Vice Chairman of Electricities. Mr. Gallager updated Council on initiatives that he has worked on through Electricities and stated that he looks forward to working with the City of Kings Mountain on future projects.

Clifton Philbeck and Renee Bost of the Cleveland County Board of elections updated Council regarding voter education, absentee voting and early voting.

Chris Costner, Finance Director addressed Council on year-end financial highlights

CITIZEN RECOGNITION

No one requested to speak.

CONSENT AGENDA

Upon motion by Councilmember Mike Butler, seconded by Councilmember Rodney Gordon, it was unanimously voted adopt the following Consent Agenda:

A. Minutes of the Regular Meeting of July 31, 2018.

B. Budget Amendment in the amount of $60,075 to adjust for billing software replacements. The amount included in the 2018-19 budget was $450,000 based upon a best estimate at the time. Actual updated costs are $510,075. (The software will be financed and the loan repayment will be charged to the utility funds and the General Fund. Breakdown of those charges are as follows: 75% water/gas/electric and 25% General Fund.)

C. Budget Amendment increasing the General Fund in the amount of $222,000 to carry forward unspent dollars from 2017-18 for improvements at Patriots Park. (The pre-fab shell was budgeted in 2017-18 but will not be completed/shipped until next month.)

Minutes – August 28, 2018 Page 4

D. Budget Amendment in the amount of $24,000 General Fund to add unexpected Police radio repairs/updates. (This is an increase in General Fund.)

E. Budget Amendment in the amount of $60,000 to budget the expenditure of restricted dollars regarding Federal forfeited property proceeds. (Funds are restricted to Police expenditures.)

F. Budget Amendment in the amount of $24,000 to budget consulting services with Sigmon Theatrical relating to special events/marketing. (This is an increase in General Fund.)

G. Budget Amendment to appropriate $100,000 from the Electric Department Fund Balance to Professional Services for the purpose of hiring contract labor to assist in completing several electrical system projects.

H. Authorize Nick Hendricks to negotiate the sale of five (5) of six (6) Peak Generators that will no longer be necessary once the new purchase power agreement becomes in effect on January 1, 2019, and deem these generators as surplus.

I. Adopt Resolution 18-34 awarding Purchase and Finance for North/Star Utilities Solutions Software for the Billing Department to HomeTrust Bank in the amount of $510,075 with an interest rate of 2.99% with financing term of 5 years. The utility software and loan proceeds are included in the FY 18-19 budget.

J. Adopt Ordinance 18-16 amending the Code of Ordinance for the City of Kings Mountain § 72.25 (B) (2) to change the speed limit in existing subdivisions and new subdivision from 35 MPH to 25 MPH throughout the subdivision unless otherwise posted.

K. Adopt Ordinance 18-17 amending the Code of Ordinance for the City of Kings Mountain § 72.25 (B) establish a speed limit of 25 MPH on West Gold Street, beginning at S. Railroad Avenue and continuing west to Phifer Road in order to implement a continuous speed limit.

L. Resolution 18-33 authorize Mayor to execute a Natural Gas Supply Contract Between the City of Kings Mountain and Public Energy of Kentucky.

M. Resolution 18-35 re-establishing the Housing Committee, formerly known as the Housing Location Ad Hoc Committee and appoint Stuart Minutes – August 28, 2018 Page 5

Gilbert, Annie Thombs, and Jimmy Maney and re-appoint Jay Rhodes, Keith Miller, and Doug Lawing to the committee.

N. Approve a Downtown Kings Mountain Facade Grant for 144 West Mountain Street (Gray Surveying Company, Inc.) in the amount of $1,750.00.

O. Appoint Sarah Lynch, Museum Director to the KM Historic Landmark Commission for a two-year term, expiring December 31, 2020.

P. Approve a $50.00 per month pay increase, as requested for the Kings Mountain ABC Board members in light of increased profits and therefore increased distributions to the City of Kings Mountain and the Kings Mountain Police Department as well as CODAP. Please see letter of request in the agenda package. Recommendation to approve has been made by the committee that was appointed to study the City’s boards.

Q. Approve City Manager Evaluation Process as recommended by Committee.

Upon Motion by Councilmember Keith Miller, seconded by Councilmember Mike Butler, it was unanimously voted to recess the Regular Meeting and enter into a Public Hearing at 7:15 P.M.

PUBLIC HEARING

Consider a request from Teresia Camp Ladd to rezone property located at 120-1 Alex D. Owens Drive, Kings Mountain, NC, Tax Map 4-88, Block 1, Lot 69, from R-10, to a Conditional Use Rezoning (R-20), for the purpose of placing a Class A Wide Mobile Home (Manufactured Home) to be used as a -family residence – Case No. CUR-1-5-18 - Stuart Gilbert, Planning Director.

Stuart Gilbert, Planning Director stated that the Petitioner has requested to withdraw this application due to the fact that the petition is faulty. The particular piece of property that was identified in the application is not the amount that will be needed for this request. Upon Motion by Councilmember David Allen, seconded by Councilmember Keith Miller, it was unanimously voted to close the Public Hearing and re-enter the Regular Meeting at 7:17 P.M.

Minutes – August 28, 2018 Page 6

REGULAR MEETING

Action on Item 13

Upon Motion by Councilmember Keith Miller, seconded by Councilmember David Allen, it was unanimously voted to allow the applicant to withdraw their request.

Stuart Gilbert, Planning Director updated Council on a grant application that he is working on for Project Wrap. This is a small Economic Development Project with 34 new jobs, in which the average wage will be $30,176. The total investment would be $681,000 in real estate investments and $241,000 in personal property which would consist mostly of new equipment. They expect to hire for those jobs within the first year in the City of Kings Mountain. In order to expand here in Kings Mountain, they would need to receive the proposed grant of $150,000. The Secretary of Commerce has already suggested that this was the right amount. The grant application needs to be completed and sent by tomorrow morning. The Resolution authorizing the completion of the grant application also requests a Public Hearing to be scheduled on Tuesday, September 25, 2018 at 6:00 p.m. to consider the economic development agreement and $7,500 financial incentive for Project Wrap.

Upon Motion by Councilmember Keith Miller, seconded by Councilmember David Allen, it was unanimously voted to authorize the Planning and Economic Development Director to apply for the grant for the NC Department of Commerce.

Upon Motion by Councilmember Rodney Gordon, seconded by Councilmember Mike Butler it was unanimously voted to schedule a Public Hearing on Tuesday, September 25, 2018 at 6:00 p.m. to consider the economic development agreement and $7,500 financial incentive for Project Wrap.

Upon Motion by Councilmember Rodney Gordon, seconded by Councilmember Keith Miller, it was unanimously voted to approve Resolution 18-32 authorizing the Planning and Economic Development Director to prepare a building use application for a grant with the NC Department of Commerce. Upon Motion by Councilmember Keith Miller, seconded by Councilmember Annie Thombs, it was unanimously voted to close the Regular Meeting and enter into a Closed Session to discuss the following matters:

 Updates associated with Duke Energy settlement negotiations regarding the PMPA Settlement, ADIT Settlement, and Coal Ash Settlement.

 Personnel Matter Minutes – August 28, 2018 Page 7

CLOSED SESSION

Upon Motion by Councilmember David Allen, seconded by Councilmember Mike Butler, it was unanimously voted to close the Closed Session and re-enter the Regular Meeting at 8:37 P.M.

No action taken in Closed Session.

ADJOURNMENT

Upon Motion by Councilmember Annie Thombs, seconded by Councilmember Rodney Gordon, it was unanimously voted to adjourn at 8:38 P.M.

BY:______G. Scott Neisler, Mayor ATTEST:

______Karen A. Tucker, City Clerk