Packet - City of Monroe
Transcription
Packet - City of Monroe
Table of Contents Agenda Proclamation recognizing Issac Blakeney Staff Report Proclamation Minutes of City Council Regular Meeting of April 21, 2015 Minutes Minutes of Environment and Water Resources Committee Meeting of October 21, 2014 Minutes Minutes of Customer Service Committee Meeting of February 25, 2015 Minutes Minutes of Board of Adjustment Special Meeting of March 5, 2015 Minutes Minutes of Monroe-Union County Economic Development Board of Advisors Meeting of March 10, 2015 Minutes Disbursement of Fiscal Year 2014-2015 City Council Discretionary Funds Kilgore - Discretionary Funds Nash - Discretionary Fund Jordan - Discretionary Fund Resolution Amending Resolution R-2015-15 to Identify Confidential Company “Project Lonestar” as O’Neil Digital Solutions Staff Report Resolution Budget Amendment for Fire Training Burn Room Repair Staff Report Budget Amendment Interlocal Agreement Zoning Map Amendment request for property located at 100 Broome Street from General Industrial (GI) to Conditional District “100 Broome Street” Staff Report Orthor Map Zoning Map Site Plan Resolution Zoning Map Amendment request for property located at 806 Circle Drive from Office Transitional (OT) to Conditional District (CD) “ETC Crematorium” Staff Report Ortho Map 1 3 6 7 8 42 45 47 52 56 57 59 60 62 64 65 66 74 77 78 79 80 81 83 Zoning Map Site Plan Resolution Presentation of Budget Message for Fiscal Year 2015-2016 Budget Message 2015-2016 Amendment to Solid Waste and Recyclables Collection and Disposal Specifications Agreement with Waste Pro of North Carolina, Inc. Staff Report Budget Amendment Public Comment Period Public Comment Period Closed Session pursuant to N.C.G.S. §143-318.11(a)(6) Staff Report 2 84 85 86 87 92 94 95 97 CITY OF MONROE CITY COUNCIL REGULAR MEETING 300 WEST CROWELL STREET MONROE, NORTH CAROLINA 28112 May 5, 2015 - 6:00 PM AGENDA www.monroenc.org 1. Proclamation recognizing Issac Blakeney CONSENT AGENDA The City Council uses a Consent Agenda to consider items that are noncontroversial and routine. The Consent Agenda is 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 with consent of Council. The Consent Agenda contains the following items: 2. Approval/Acceptance of Minutes and Reports A. Minutes of City Council Regular Meeting of April 21, 2015 B. Minutes of Environment and Water Resources Committee Meeting of October 21, 2014 C. Minutes of Customer Service Committee Meeting of February 25, 2015 D. Minutes of Board of Adjustment Special Meeting of March 5, 2015 E. Minutes of Monroe-Union County Economic Development Board of Advisors Meeting of March 10, 2015 F. Disbursement of Fiscal Year 2014-2015 City Council Discretionary Funds 3. Resolution Amending Resolution R-2015-15 to Identify Confidential Company “Project Lonestar” as O’Neil Digital Solutions 4. Budget Amendment for Fire Training Burn Room Repair REGULAR AGENDA Public Hearings – Please adhere to the following guidelines: • Proceed to the podium, and state your name and address clearly; • Be concise; avoid repetition; limit comments to three (3) minutes or less; • Designate a spokesperson for large groups. 3 5. Zoning Map Amendment request for property located at 100 Broome Street from General Industrial (GI) to Conditional District “100 Broome Street” A. Public Hearing B. Action 6. Zoning Map Amendment request for property located at 806 Circle Drive from Office Transitional (OT) to Conditional District (CD) “ETC Crematorium” A. Public Hearing B. Action 7. Presentation of Budget Message for Fiscal Year 2015-2016 8. Amendment to Solid Waste and Recyclables Collection and Disposal Specifications Agreement with Waste Pro of North Carolina, Inc. A. Amendment to Agreement B. Budget Amendment 9. Public Comment Period 10. Closed Session pursuant to N.C.G.S. §143-318.11(a)(6) • Agenda is tentative and is subject to change up to and including the time of the meeting. • Addressing Item on Agenda: Prior to the Meeting, please complete the Sign-up Sheet located in the Lobby area. Each speaker will be limited to three minutes. • Addressing Item Added to Agenda during Meeting: Please raise your hand during the item you wish to address. Each speaker will be limited to three minutes. • Cell Phones/Pagers: As a courtesy, please turn off cell phones and pagers while Meeting is in progress. • Rules Governing the Public Comment Period During Regular City Council Meetings: 1. A Public Comment Period shall be placed on the agenda of each Regular City Council Meeting. Said Agenda item shall occur at the end of the Agenda but before any Closed Session held at the end of the meeting. 2. Each person desiring to speak during the Public Comment Period shall sign up to speak prior to the start of the Meeting on the form provided by listing their name and topic on which he or she will speak. 3. A total time of 30 minutes will be allotted for the Public Comment Period at the end of which those who signed up to speak may be requested to hold their comment until the next regular Public Comment Period during which they will be given priority for comment. Council, in its discretion, may extend the time allotted for Public Comment. 4. Each speaker shall be allotted up to three minutes to speak which shall be strictly observed unless otherwise extended at the discretion of the Council. 5. Speakers shall at all times maintain proper decorum and shall make their comments in a civil manner. Speakers shall remain at the podium to make comments and not approach Council or staff without the express invitation of the Mayor or presiding officer. 6. At the request of Council, groups of persons supporting or opposing the same positions may be asked to designate a spokesperson to speak. 4 7. Speakers shall not speak on any topic which is the subject of a public hearing on the same agenda. 8. Council will refrain from engaging in a dialogue with speakers except to the extent necessary to clarify the speaker’s position. 9. No formal action will be taken by Council during the same meeting on any matter which was initially introduced during the Public Comment Period. 10.Council shall not restrict the subject matter of any comment based on content in any way except as provided herein. 5 STAFF REPORT TO: City Council VIA: E.L. Faison, City Manager DATE: May 5, 2015 FROM: Bridgette H. Robinson, City Clerk PREPARED BY: Bridgette H. Robinson, City Clerk and Pete Hovanec, Communications and Tourism Officer SUBJECT: Proclamation recognizing Issac Blakeney SUMMARY STATEMENT Presentation of Proclamation recognizing Issac Blakeney. REVIEW At the request of Council Member Surluta Anthony, City Council is requested to recognize San Francisco 49ers/Duke University/Monroe High School football player, Issac Blakeney. RECOMMENDATION Council Member Anthony requests that City Council present a Proclamation to Issac Blakeney proclaiming him a vital part of the City of Monroe community and encouraging all citizens to express appreciation and support for his accomplishments. Attachment: Proclamation P-2015-06 05041501 6 PROCLAMATION ISSAC BLAKENEY P-2015-06 WHEREAS, Issac Blakeney is the son of Yolanda Blakeney and Michael Wright, brother of Natalie Blakeney, Jamie Glenn and Jamin Glenn, and a proud graduate of Monroe High School who won five state championships, one in basketball, three in the triple jump and one in the long jump; and WHEREAS, Issac Blakeney attended and played football at Duke University from 2011 to 2014 as well as competing on the Duke Track and Field Team in 2014, earning a Bachelor of Arts degree in Sociology; and WHEREAS, Issac Blakeney played 40 career games at Duke catching 98 passes for 1,093 yards and 12 touchdowns. He had one or more receptions in 36 games and two or more receptions in 24 games; and WHEREAS, Issac Blakeney closed his career tied for 13th on the University’s all-time chart for touchdown receptions and tied for 19th all-time for pass receptions; and WHEREAS, while competing as a member of the Duke University Track and Field Team Issac Blakeney and teammates posted the second fasted time in school history in the 4 X 100 relay, and placed third in the NCAA IC4A Championship at the Penn Relays in the 4 X 200 relay; and WHEREAS, Issac Blakeney’s dedication, drive and work ethic has positioned him for a successful career in the National Football League, having signed a free agent contract with the San Francisco 49ers, one of the NFL’s preeminent teams. NOW, THEREFORE, I Bobby G. Kilgore, by the virtue of the authority vested in me as Mayor and on behalf of the City Council do hereby proclaim Issac Blakeney a vital part of the City of Monroe community and encourage all citizens to express appreciation and support for his accomplishments. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Monroe to be affixed this the 5th day of May, 2015. Attest: Bobby G. Kilgore, Mayor Bridgette H. Robinson, City Clerk Proclamation P-2015-06 Page 1 of 1 7 CITY OF MONROE CITY COUNCIL REGULAR MEETING APRIL 21, 2015 MINUTES The City Council of the City of Monroe, North Carolina, met in Regular Session in the City Hall Council Chambers, 300 West Crowell Street, Monroe, North Carolina, at 6:00 p.m. on April 21, 2015 with Mayor Bobby G. Kilgore presiding. Present: Mayor Bobby G. Kilgore, Mayor Pro Tem Dottie Nash, Council Member Surluta Anthony, Council Member Debra Duncan, Council Member Billy Jordan, Council Member Lynn Keziah, City Manager E.L. Faison, City Attorney S. Mujeeb ShahKhan and City Clerk Bridgette H. Robinson. Absent: Council Member Freddie Gordon. Visitors: Pete Hovanec, Bruce Bounds, Ashley Duncan, Chris Platé, Ron Mahle, Brian Borne, Theresa Eaman, Robert Yanacsek, Michael Johnson, Fran Harris, Jim Yanacsek, Barbara Mills, Steve Duncan, Vye Wight, Susan Radford, David English, Beth Greene, Robert Rushing, Bryan McAllister, Lisa Stiwinter, Russ Colbath, Debra C. Reed, Sarah McCallister, Jim Loyd, Hunter Dalton, Lisa Strickland, Ron Fowler and others. Mayor Kilgore called the City Council Regular Meeting of April 21, 2015 to order at 6:00 p.m. A quorum was present. CONSENT AGENDA Mayor Kilgore reviewed the Consent Agenda and asked if any member of the Council 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. One motion and vote was taken, which included approval of all items on the Consent Agenda. Item No. 1. Approval/Acceptance of Minutes and Reports. A. Minutes of City Council Regular Meeting of April 7, 2015. Mayor Pro Tem Dottie Nash moved to approve the Minutes of the City Council Regular Meeting of April 7, 2015. Council Member Anthony seconded the motion, which passed unanimously with the following votes: AYES: NAYS: Council Members Anthony, Duncan, Jordan, Keziah, Mayor Pro Tem Nash and Mayor Kilgore None City Council Regular Meeting April 21, 2015 Page 4 8 B. Minutes of Facilities Committee Meeting of January 7, 2015. Minutes of the Facilities Committee Meeting of January 7, 2015 were received as information by Council. C. Minutes of Transportation Committee Meeting of February 3, 2015. Minutes of the Transportation Committee Meeting of February 3, 2015 were received as information by Council. D. Minutes of Monroe Tourism Development Authority Meeting of March 12, 2015. Minutes of the Monroe Tourism Development Authority Meeting of March 12, 2015 were received as information by Council. E. Draft Minutes of Planning Board Meeting of April 8, 2015. Draft Minutes of the Planning Board Meeting of April 8, 2015 were received as information by Council. F. Finance Committee Reports for March 2015. Finance Committee Reports for March 2015 were received as information by Council. G. Summary of Contracts Awarded, Change Orders Approved, City Manager’s Settlement of Claims and City Manager’s Discretionary Fund. City Manager E.L. Faison reported by memorandum the award of contracts pursuant to Ordinance O-2001-17 and Change Orders approved pursuant to Resolution R-2000-76: Date Name 03/18/15 Jonathan Mitchell 03/18/15 D.H. Griffin Wrecking Co., Inc. 03/20/15 Cox Door Company, Inc. [Change Order #1] 03/20/15 Union Power Cooperative 03/26/15 Bentley Systems, Inc. Purpose To repair the ticket booth portion of the Center Theatre Demolition of 507 Benton Street – Parcel No. 09-226169 Replace nine existing brackets with special made cable support brackets and a total of four cables Highway 601 North, Expansion into Electric Territory assigned to the City of Monroe. Joint use with Union Power Cooperative as not to duplicate overhead lines on different structures. SIETOPS One Annual Corporate City Council Regular Meeting April 21, 2015 Page 5 9 Fiscal Impact Fund Amount Administration *$2,500 Planning $8,850 Airport *$3,000 Energy Services $12,400 Economic Development $7,500 Date Name Purpose 03/27/15 Tanner Design and Build, LLC 03/27/15 D. H. Griffin Wrecking, Co., Inc. 03/27/15 D. H. Griffin Wrecking, Co., Inc. 03/27/15 Transformer Maintenance & Service, Inc. 03/31/15 D. H. Griffin Wrecking Co., Inc. [Change Order #1] 03/31/15 Charlotte Business Journal License with two users, unlimited projects and unlimited optimizations up to 200 acres per project, three day training at SITEOPS Training Center To replace or construct new concrete driveways and other concrete/masonry structures related to water or sewer main repair or new installation. All work shall include removal and disposal of any damaged concrete, masonry, mortar and etc. from property is applicable. Demolition of 106 E. Myers Street – Parcel No. 09-226-127 Demolition of 108 E. Myers Street – Parcel No. 09-226-127 To extend the life of ten substation class transformers – Energy Services’ Electric Department needs the experience, labor and equipment of a contractor to prepare the surfaces and apply ANSI Gray 70 For removal of asbestos found in home (Demolition of 507 Benton Street) Special MonroeUnion County Economic Development 16 Page Special City Council Regular Meeting April 21, 2015 Page 6 10 Fiscal Impact Fund Amount Water Resources $10,000 Planning $6,550 Planning $6,550 Energy Services $52,250 Planning *$1,925 Economic Development $22,611 Date Name 03/31/15 U.S. Department of Transportation FAA 04/07/15 Simplex Grinnell 04/07/15 Dillon Supply Company Purpose Supplemental Publication to be included in the Charlotte Business Journal publication on June 5, 2015 Required Agreement between City of Monroe and the FAA so that the Airport can act as a Chart (resale) Agent; as a chart agent, the City is authorized to resell current FAA charts and publication to the flying public To perform annual inspections on the fire alarms and sprinkler system and the required five year internal inspection located at 2401 Walkup Avenue (Operations Center) Furnish and install palletized racking system for all single phase transformers per quote and Union County seismic specifications *Approved by Department Director Fiscal Impact Fund Amount Airport *$4,999 Water Resources *$4,999 Energy Services $73,533 Total $212,688 The following City Manager Discretionary Fund transactions were reported through April 9, 2015: Date 07/01/14 04/08/15 Department Beginning Balance Finance/Customer Service Purpose Contingency Account Replace broken ice machine Fiscal Impact Amount Balance $300,000 $1,593 $280,032 Pursuant to Ordinance O-2004-27, the following Settlement of Claims were reported: Date Claimant Claims Asserted City Council Regular Meeting April 21, 2015 Page 7 11 Fiscal Impact Fund Amount 03/24/15 Norman Smith Breach of contract, interference with employment contract, negligently hiring and retention. Other Insurance – Interlocal Risk Financing $7,500 This item was for informational purposes only; therefore, no action was required of Council. Item No. 2. Ordinance Amending City of Monroe Standard Specifications and Detail Manual. Engineering Director Jim Loyd advised by memorandum that the City’s Standard Specifications and Detail Manual was originally adopted by the Council on August 21, 2001. Mr. Loyd advised that Staff had compiled the following recommended changes to the Detail Manual: Table 02-02 revised to require 8’ sidewalk for arterial and collector streets to conform to the Comprehensive Transportation Plan Typical Highway Cross Sections; Airport Road removed from listing of streets where sidewalk is required for non-Single Family Lot Development; General revisions to keep current with requirements for erosion control and stormwater; Section 07.17 Guaranteeing Subdivision Improvements modified to remove 18month time limitation with duration of the guarantee to be of a reasonable period to allow for completion and acceptance of the improvements; and, General housekeeping and provisions added regarding the construction of private streets. Mr. Loyd advised that it was the recommendation of the Transportation Committee and Staff that Council adopt an Ordinance approving the proposed amendments to the City of Monroe Standard Specifications and Detail Manual noting that the text amendment to Section 02.02.06 B Sidewalk Requirements, Non-Single family Single Lot Development requirements be retroactive to July 1, 2014. All other revisions/amendments would become effective upon adoption. Mayor Pro Tem Nash moved to adopt Ordinance O-2015-01: ORDINANCE TO AMEND CITY OF MONROE STANDARD SPECIFICATIONS AND DETAIL MANUAL O-2015-01 DIVISION 01.01 GENERAL 01.11 SURVEY CONTROL MONUMENTS Platted surveys shall comply with North Carolina General Statutes 39-32.1 through 32.4, and General Statute 47-30. 01.12 SUBMITTAL REQUIREMENTS Amend: For first review and subsequent reviews for Site Plan and Conditional Use, Subdivision and Erosion Control Approval, submit 7 plan sets; for review of Stormwater Best Management Practices, submit 3 plan sets. City Council Regular Meeting April 21, 2015 Page 8 12 For final approval, submit only plans applicable to the approval being requested as follows: City of Monroe Driveway Permit: 2 copies of the site plans plus completed permit. NC DOT Driveway Permit: 5 copies of the site plan and a completed NC DOT Driveway Permit Application (one original and 4 copies) Erosion and Sedimentation Control: 4 plan sets plus digital copy in PDF format Subdivision, Roadway and Storm Drainage approval: 4 plan sets plus digital copy in PDF format Stormwater Best Management Practices: 3 plan sets plus digital copy in PDF format and copy of final calculations in PDF format DIVISION 02.00 STREETS 02.02 DESIGN 02.02.01 GENERAL ROADWAY DESIGN REQUIREMENTS Add: 32. Any development of more than 100 residential units or additions to existing developments such that the total number of units exceeds 100 shall be required to provided vehicular access to at least two public streets unless such provision is deemed impractical by the Planning Director and/or Engineering Director due to topography, natural features, or the configurations of adjacent developments. Add: 02.02.11 PRIVATE RESIDENTIAL STREETS 1. Private residential streets shall be gated and meet the guidelines established by Division 01.00 General and meet all requirements established for public street construction including but not limited to construction drawing standards, typical sections, testing, as-built drawings and one-year warranty period. 2. The Engineering Department shall have the authority to inspect, approve or disapprove all private residential street construction and related drainage facilities in accordance with Section 01.08 Inspections. 3. Design of private residential streets shall be completed in accordance with Section 02.02 Design. 4. Construction of private residential streets shall be in accordance with Section 02.01 Construction, Sections 02.03.01 through 02.03.06. 5. Private residential streets may be platted prior to completion with guarantees and/or surety as provided by Section 07.17 Guaranteeing Subdivision Improvements. 6. Final acceptance of the private residential street construction shall be in City Council Regular Meeting April 21, 2015 Page 9 13 accordance with Section 07.10 Final Inspection and Acceptance of Subdivision Construction with 1 year warranty bond and a written warranty (0.7.16 Warranty) provided by the developer. 7. 02.02.06 The inclusion of gates, structures including brick mailboxes and irrigation systems within private street right-of-ways shall remove the private residential street from future consideration for conversion to a public right-of-way in accordance with the City of Monroe’s Policy on Acceptance of Privately Owned Residential Streets until such items are removed. SIDEWALK REQUIREMENTS A. EXISTING AND PROPOSED ROADWAYS REVISE TABLE 02-02 NOTE: Add: 3) Sidewalk required along existing arterial and collector streets identified in Section 02.02.06 B. Non-Single Family Single-Lot Development Requirements shall be 8 feet minimum in width. Amend: B. NON-SINGLE FAMILY SINGLE LOT DEVELOPMENT REQUIREMENTS 1. Within non-single family lot developments, all private roads and access ways shall be designed and constructed to facilitate the safe and convenient movement of motor vehicle and pedestrian traffic. Any non-single family lot development shall provide sidewalk along the property frontage if the development is located along the following existing arterial and collector roads: A. B. C. D. E. F. G. H. I. J. K. L. M. N. O. P. Q. R. Allen Street Charlotte Avenue/Highway Concord Avenue Dickerson Boulevard Fowler Secrest Road Franklin Street Goldmine Road Griffith Road Hayne Street James Hamilton Road Lancaster Avenue/Highway Medlin Road M. L. King, Jr. Boulevard Morgan Mill Road Myers Road Pageland Highway Rocky River Road Roosevelt Boulevard City Council Regular Meeting April 21, 2015 Page 10 14 SR 1245 SR 1009 SR 1223 NC 75, SR 2100 SR 1162 SR 2139 NC 207 NC 200 SR 2102 SR 1223 NC 200, SR 2188 US 601 SR 1007 US 74 (between Williams Road and Franklin Street) S. T. U. V. W. X. 02.02.09 Secrest Avenue Secrest Short Cut Road Skyway Drive Sunset Drive Sutherland Avenue Walkup Avenue SR 1501 US 601, NC 200 SR 2180, SR 2181 SR 1751 REQUIREMENTS FOR STREET IMPROVEMENTS Add: 3. 02.02.10 Construction of sidewalks or necessary drainage facilities required by this section shall be accomplished along the entire length of the frontage of the property abutting each publicly maintained street as listed in 02.02.06(B). EXEMPTIONS FOR REQUIRED STREET IMPROVEMENTS Add: 4. When the proposed new developed area will be less than 50 percent of the total area of the property under single ownership, sidewalks and drainage facilities may not be required. However, the city engineer and City of Monroe Transportation Committee may require certain improvements be made if they are determined to be in the public interest or needed to ensure public safety. 5. If the new building is an addition by which the total developed area does not exceed 50 percent of the site, the construction of sidewalk facilities shall not be required. However, necessary drainage facilities shall be required. Amend: 02.03.05 CONSTRUCTION NOTES 26. All sidewalks shall have contraction joints located every 5 feet and expansion joints located a minimum of every 45 feet not to exceed 50 feet. 27. All sidewalks shall be a minimum of 4 inches thick, 6 inches thick at driveways. 02.03.06 ROADWAY CONSTRUCTION TOLERANCES 1. Any concrete section of sidewalk or curb and gutter that has a crack that measures greater than 1/8” horizontal separation or measures any vertical separation shall be removed and replaced. No cracks allowed in curb at catch basin transition sections. 03.00 EROSION AND SEDIMENTATION CONTROL 03.01 GENERAL 03.01.01 REQUIREMENTS City Council Regular Meeting April 21, 2015 Page 11 15 Add: 6. 03.01.04 A lien agent is required in accordance with North Carolina Statute 44A-11.1 for improvements to real property at the time the original building permit is issued if the costs of the improvements are $30,000 or more. Per North Carolina General Statute 87-14, a building permit will not be issued until lien agent verification has been obtained through the City of Monroe Permit Department. CONSTRUCTION SEQUENCE Add: 12. If compost blankets are to be installed for temporary erosion/sediment control, installation and maintenance shall be in accordance with Section 6.18 Compost Blanket in the North Carolina Erosion and Sediment Control Planning and Design Manual. Construction Specifications from Section 6.18 Compost Blanket shall be included in the construction sequence of the erosion and sedimentation control plan. Amend: 03.02.01 TEMPORARY MEASURES 4. Sediment Traps or Filter Basins shall be installed in accordance with the appropriate details at all points where accumulated runoff is released to natural drainage channels, and any other necessary locations. Sediment traps and basins must provide a minimum of three (3) porous baffles. Basins less than 20’ in length may use two (2) baffles. The minimum sediment storage volume for sediment traps is 3600 cubic feet per acre of the disturbed area. The minimum sediment storage volume for sediment basins is 1800 cubic feet per acre of disturbed area. Skimmer dewatering time of 2-5 days is required. Add: 9. Ground cover on exposed slopes shall be applied within 14 calendar days following completion of any phase of grading. Permanent ground cover for all disturbed areas shall be applied within 15 working days or 60 calendar days, whichever is sooner. Slopes left exposed will, within 14 calendar days of completion of any phase of grading, be planted or otherwise provided with temporary or permanent ground cover, devices, or structures sufficient to restrain erosion. 10. Compost blankets shall be installed per details shown in the North Carolina Erosion and Sediment Control Planning and Design Manual at the top of the cut and fill slopes and any other necessary locations. 11. If disturbing 1 acre or more, stabilize site in accordance with the following, per NPDES General Permit NC010000: GROUND STABILIZATION TIMEFRAMES Site Area Description Stabilization Timeframe Exceptions Perimeter dikes, swales and slopes 7 Days None High Quality Water (HQW) Zones 7 Days None City Council Regular Meeting April 21, 2015 Page 12 16 Slopes Steeper than 3:1 7 Days Slopes 4:1 or flatter 14 Days All other areas with slopes flatter than 4:1 14 Days If slopes are 10’ or less in length and are not steeper than 2:1, 14 days are allowed 7 days for slopes greater than 50’ in length None, except for perimeters and HQW Zones 9. Seeding and soil stabilization of disturbed riparian areas shall be in accordance with Sections 6.24 Riparian Area Seeding of the North Carolina Erosion and Sediment Control Planning and Design Manual. 10. The use of compost sock shall be in accordance with Section 6.66 Compost Sock of the North Carolina Erosion and Sediment Control Planning and Design Manual. Uses include but are not limited to site perimeters, above graded slopes to serve as a diversion berm, check dams, drainage inlets, on paved surfaces, etc. 03.03 CONSTRUCTION 03.03.02 SEEDING REQUIREMENTS Amend: For requirements see City of Monroe Detail 03.07.01 Revise/ Replace as attached: 05.00 STORMWATER BEST MANAGEMENT PRACTICES Amend: DIVISION 07.00 PERMITS, CHECKLISTS, AND FORMS Update page numbers as attached 07.01 PERMIT CONTACT INFORMATION Amend: 9. North Carolina Department of Environment and Natural Resources 401 & Buffer Permitting Unit Mooresville Regional Office 11. North Carolina Forest Service Union County – District 12 1933 Mountain Island Highway Mount Holly, NC 28120 Phone: (704) 827-7576 City Council Regular Meeting April 21, 2015 Page 13 17 (Revisions clarify name of agency and adds additional contact.) 07.03 SUBDIVISION PLAT CHECKLIST 5 P P E E P P 8 (Deed or Record) Book references to subject property 14 Boundaries of the tract to be subdivided are shown as follows: A. At least one corner is tied to: (1) N.C. Grid and provide grid coordinates where at least one of two control monuments needed are within 2000’ of the boundary and show the combined grid factor or (2) tie to the nearest street intersection Plat contains a Special Flood Hazard Area Note Plat contains a Notary Certificate of Owners Signature Plat contains a Certificate of Ownership and Dedication Plat contains a Subdivision Administrator Approval Certificate Plat contains a Certification of Survey and Accuracy Plat contains a Union County Review Officer’s Statement Plat contains Storm Drainage Note (where applicable) E P P P P E E E 07.04 Street data is shown illustrating: A. Existing and proposed rights-of-way within and adjacent to property are shown 1. Total right-of-way width dimensions are shown 2. Cite Book & Page where right-of-way is recorded 3 Dimension from centerline of existing pavement to all corners are shown 4 Cul-de-sac right-of-way radius from center point are shown 37 38 39 40 41 42 43 S,P,F S,P,F P,F P,F S,P P,F F P,F F F F F F P,F STORMWATER MAINTENANCE AGREEMENT THIS FORM IS A COPY FOR REFERENCE ONLY AND IS INCOMPLETE. THREE INCH BLANK SPACE REQUIRED AT TOP BY REGISTER OF DEEDS. FOR ACTUAL AGREEMENT, CONTACT THE ENGINEERING DEPARTMENT. Prepared By: _____________ Return to: City of Monroe Tax Parcel No. ____________ STATE OF NORTH CAROLINA UNION COUNTY STORMWATER MAINTENANCE AGREEMENT WHEREAS, Permittee has constructed a private on-site engineered stormwater control facility (the “Facility”) to satisfy the requirements of such regulations, the boundaries of such Facility being described in Exhibit “A” attached hereto and incorporated herein by reference; and….. 9) Warranties of Title. The Permittee covenants and warrants that it is lawfully seized and possess of the Facility and real estate described in Exhibit “A,” that City Council Regular Meeting April 21, 2015 Page 14 18 it has good right and lawful authority to enter into this Agreement for the purposes herein expressed, and that no consent or waiver by the holder of any mortgage, deed of trust, or other security instrument, or any other person, firm, or corporation is required prior to entering into this Agreement. 07.06.02 EROSION CONTROL PLAN CHECKLIST Amend: Show all design calculations for sediment basins and sediment traps per the NCDENR Design Manual, latest edition. Note: Minimum of 3 coir fiber baffles per the NCDENR Design Manual. The following notes will be included on all plan sets: Amend: 1. If disturbing less than 1 acre, add this note: Ground cover on exposed slopes shall be applied within 14 working days following completion of any phase of grading. Permanent ground cover for all disturbed areas shall be applied within 15 working days or 60 calendar days, whichever is sooner. Slopes left exposed will, within 14 calendar days of completion of any phase of grading, be planted or otherwise provided with temporary or permanent ground cover, devices, or structures sufficient to restrain erosion. 2. If disturbing 1 acre or more, add this note: As required by the NPDES General Permit NCG010000, all perimeter dikes, swales, ditches, perimeter slopes and all slopes steeper than 3 horizontal to 1 vertical (3:1) shall be provided temporary or permanent stabilization with ground cover as soon as practicable but in any event within 7 calendar days from the last land disturbing activity. All other disturbed areas shall be provided temporary or permanent stabilization with ground cover as soon as practicable but in any event within 14 calendar days from the last land disturbing activity. Ground stabilization timeframe exemptions can be found in the NPDES General Permit NCG010000 under Section 2.b. Ground Stabilization. Add: (at end of EROSION CONTROL PLAN CHECKLIST) Projects disturbing one acre or more in area are automatically covered by the NPDES General Stormwater Permit NG010000 for construction related activities, provided that basin design requirements and ground stabilization requirements from that permit are included on the erosion control plan. To meet this requirement, include the ground stabilization timeframe table from Section 3.02.01 Temporary Measures from the City of Monroe Standard Specifications and Detail Manual and basin design requirements on the erosion control plan and/or detail sheet, if disturbing 1 acre or more. NPDES General Stormwater Permit NG010000 requires plans to identify areas where the 7 and 14 day ground stabilization requirements will apply. Please show areas on erosion control plan by using hatching, labeling, or other similar conventions. Erosion Control Review Fee. City Council Regular Meeting April 21, 2015 Page 15 19 07.06.03 Bond Amount in the form of certified check, cash or irrevocable letter of credit. STORMWATER CHECKLIST Amend: Show stormwater runoff controls wet detention pond extended dry detention pond sand filters bio-retention stormwater wetlands proprietary systems filter strips infiltration devices stream buffers permeable pavement grassed swales other Show a maintenance plan and schedule for all permanent stormwater BMP management practices. All stormwater control structures and pond improvements shall be constructed in accordance with the Project Provisions for Construction of Watershed Pond and Outlet Control Structures as issued by the City Of Monroe Engineering Department. (Standard Specifications and Detail Manual, Section 05.05.02.) 07.08 CERTIFICATION FORMS Amend: Table 07-01 Certification No. 1-01 1-02 1-03 1-04(A) 1-04(B) 1-05 1-06 1-07 Description Primary Erosion Control Inspection Form Intermittent Subdivision Construction Form Final Subdivision Construction Form Pre-Construction Certification FormPost-Construction Stormwater BMP Final Certification Form – Post Construction Stormwater BMP Re-Inspection Form Final Erosion Control Acceptance Form Intermediary Erosion Control Acceptance Form Notarization Required No Yes Yes Yes Yes No No No Revise & Replace as attached: Certification Form 1-03 Final Subdivision Construction Form Delete: Certification Form 1-04 Final Watershed Pond Construction Form Add as attached: Certification Form 1-04(A) Pre-Construction Certification Form- Post-Construction Stormwater BMP City Council Regular Meeting April 21, 2015 Page 16 20 Certification Form 1-04 (B) Final Certification Form – Post Construction Stormwater BMP Amend: 07.10 FINAL INSPECTION AND ACCEPTANCE OF SUBDIVISION CONSTRUCTION 10. The subdivider shall deposit with the City cash, an irrevocable letter of credit, or other instrument readily convertible into cash at face value for the warranty period. Such financial guarantees for maintenance shall be in an amount not less than 20% of the estimated costs of construction, but no less than $20,000 as determined by the Engineering Department. Duration of the warranty bond shall be for a minimum warranty period of 1 year. Amend 07.11 POST-CONSTRUCTION CHECKLIST All steps in drainage structures are placed at proper location (if needed). All inverts of drainage structures are troweled smooth and sloped toward the outlet pipe. Revise and Replace as attached: 07.12 POST-CONSTRUCTION CHECKLIST MANAGEMENT PRACTICES (BMP) FOR STORMWATER BEST Revise and Replace as attached: 07.13 AS-BUILT DRAWING CHECKLIST Revise and Replace as attached: 07.17 GUARANTEEING SUBDIVISION IMPROVEMENTS In lieu of requiring the completion, installation, and inspection of all or any part of required subdivision improvements (as described in Section 156.60 of the City Code of Ordinances) prior to final plat approval, the City permits subdividers to deposit with the City cash, an irrevocable letter of credit, or other instrument readily convertible into cash at face value. Such financial guarantees shall be in an amount equal to 110% of the estimated cost of completing the required improvements. The duration of the guarantee shall be of a reasonable period to allow for completion and acceptance of the improvements. All subdivisions for which improvements have not been completed and accepted by the appropriate governmental agency at least thirty (30) days prior to the expiration of the guarantee shall be considered to be in default. The City may at this time use the financial guarantee to complete all necessary improvements, unless an extension is granted. DIVISION 08.00 ROADWAY/STORM DRAINAGE DETAILS Revise/Replace as attached: Detail 02.01.02 Residential Street With Ditches for 50’ R/W City Council Regular Meeting April 21, 2015 Page 17 21 Detail 02.01.10 Detail 02.03.01 Detail 02.04.01 Detail 02.04.02 Detail 02.04.03 Detail 03.07.01 Detail 03.08.01 Detail 03.13.02 Detail 04.01.01 Detail 04.01.03 Detail 04.01.07 Detail 04.01.08 Detail 04.01.09 Sight Triangles Concrete Sidewalks Concrete Driveway Drop Curb Type (1 of 2) Concrete Driveway Drop Curb Type (2 of 2) Residential Driveway For Valley Gutter Seedbed Preparation & Temporary Seeding Sediment Basin Baffle Installation Brick Catch Basin 15” Thru 54” Pipe (1of 2) Slab Type catch Basin 15” Thru 48” Pipe Brick Junction Box 42’ Thru 66” Pipe Brick Drop Inlet Block Manhole 15” Thru 36” Pipe DELETE: Detail 07.01.01 Concrete Monuments Detail 05.01.01 Best Management Practices (Wet Pond) Detail 05.01.02 Best Management Practices Wet Pond Details Revise/ Replace as attached: REVISION LOG TABLE OF CONTENTS 07.00 PERMITS, CHECKLIST, AND FORMS Update Pages of Detail Manual: 02-7, 02-15 TO 02-20, 03-1 TO 03-6, 05-4 TO 05-6, 07-34 TO 07-58 BE IT ORDAINED by the City Council of the City of Monroe that the City of Monroe Standard Specifications and Detail Manual be amended as follows: Adopted this 21st day of April, 2015. Council Member Anthony seconded the motion, which passed unanimously with the following votes: AYES: NAYS: Council Members Anthony, Duncan, Jordan, Keziah, Mayor Pro Tem Nash and Mayor Kilgore None Item No. 3. Budget Amendments. A. Transferring Funds from Monroe-Union County Economic Development Fund Balance for Operational Activities. Economic Development Executive Director Chris Platé advised by memorandum that Staff was requesting that Council adopt a Budget Amendment transferring approximately $40,000 from the Monroe-Union County Economic Development Fund Balance for the purposes of supplementing the following operational expenses: advertising/marketing related to the 2nd Edition of the Charlotte Business Journal Special Section for Economic City Council Regular Meeting April 21, 2015 Page 18 22 Development within Monroe/Union County and travel expenses associated with Industry Recruitment, specifically the Paris Air Show. He advised that the expenses included sponsoring the State of North Carolina Booth, Oxford Intelligence Contract for project appointment setting, and overall international travel expenses with the primary expense being $16,000 for the Oxford Intelligence contract. Mr. Platé advised that the current amount in the Monroe-Union County Economic Development Fund Balance was $190,000 and if this action were approved, the balance would be reduced to $150,000 for the use of future projects and operational activities to support the EDC Work Plan. He noted that any monies not expended would flow back into the Monroe-Union County Economic Development Fund Balance on June 30, 2015. Mayor Pro Tem Nash moved to adopt Budget Amendment BA-2015-10: BUDGET AMENDMENT BA-2015-10 1. Amendment necessary to appropriate funds for economic development activity as defined by the Monroe-Union County Economic Development joint agreement. Monroe-Union County Economic Development Fund: Revenues: Appropriation of Fund Balance $40,000 Expenditures: Economic and Physical Development $40,000 Adopted this 21st day of April, 2015. Council Member Anthony seconded the motion, which passed unanimously with the following votes: AYES: NAYS: Council Members Anthony, Duncan, Jordan, Keziah, Mayor Pro Tem Nash and Mayor Kilgore None B. Donation to Police Department from Advanced Driver Training Services, Inc. (ADTS). Police Chief Bryan Gilliard advised by memorandum that the Police Department had received a $150 donation from Advanced Driver Training Services, Inc. (ADTS) for the use of the Department’s traffic cones. He noted that the funds would be used for Youth Programs for the Police Department. Mr. Gilliard advised that this item was not reviewed by the Finance Committee due to cancellation of the March and April 2015 Meetings; therefore, Staff was recommending that Council accept the donation and adopt a Budget Amendment to appropriate and designate the funds. City Council Regular Meeting April 21, 2015 Page 19 23 Mayor Pro Tem Nash moved to accept the payment from Advanced Driver Training Services, Inc. (ADTS) and adopt Budget Amendment BA-2015-13: BUDGET AMENDMENT BA-2015-13 1. Amendment necessary to designate and appropriate funds received from Advanced Driver Training Services, Inc. (ADTS) for youth programs. General Fund: Revenues: Miscellaneous $150 Expenditures: Public Safety $150 Adopted this 21st day of April, 2015. Council Member Anthony seconded the motion, which passed unanimously with the following votes: AYES: NAYS: Council Members Anthony, Duncan, Jordan, Keziah, Mayor Pro Tem Nash and Mayor Kilgore None C. Wheel Tail Assembly for The Tinker Belle. Communications and Tourism Officer Pete Hovanec advised by memorandum that The Tinker Belle was in need of parts that were specific to the aircraft. Mr. Hovanec advised that one such part was the tail wheel assembly. He advised that a spare assembly had been located at a business in Alaska that was willing to sell one of these hard-to-find items for $5,151.30, which included shipping. Mr. Hovanec advised that the proposed tail wheel assembly was a critical need for the aircraft and represents an approved FAA modification, meaning this assembly was slightly different from the current assembly but had been approved by the FAA for daily use. He advised that the bulk of the purchase price was for the actual rim and assembly; but once purchased, additional tires would be easier to locate since they were currently in circulation. Mr. Hovanec advised that it was the recommendation of the Monroe Tourism Development Authority and Staff that Council adopt a Budget Amendment to provide funding for purchase of a tail wheel assembly for The Tinker Belle. Mayor Pro Tem Nash moved to adopt Budget Amendment BA-2015-12: BUDGET AMENDMENT BA-2015-12 1. Amendment necessary to appropriate funds for the purchase of a tail wheel assembly for The Tinker Belle. City Council Regular Meeting April 21, 2015 Page 20 24 Occupancy Tax Project Fund: Revenues: Appropriation from Fund Balance $5,152 Expenditures: Occupancy Tax $5,152 Adopted this 21st day of April, 2015. Council Member Anthony seconded the motion, which passed unanimously with the following votes: AYES: NAYS: Council Members Anthony, Duncan, Jordan, Keziah, Mayor Pro Tem Nash and Mayor Kilgore None Item No. 4. Call for Public Hearings to be Held May 5, 2015. A. Zoning Map Amendment Request for Property Located at 100 Broome Street from General Industrial (GI) to Conditional District “100 Broome Street.” Planning Director Lisa Stiwinter requested by memorandum that Council call for a public hearing to be held on May 5, 2015 at 6:00 p.m. to consider a zoning map amendment request for property located at 100 Broome Street from General Industrial (GI) and Conditional District “100 Broome Street.” Mayor Pro Tem Nash moved to call for a public hearing to be held on May 5, 2015 at 6:00 p.m. to consider this request. Council Member Anthony seconded the motion, which passed unanimously with the following votes: AYES: NAYS: Council Members Anthony, Duncan, Jordan, Keziah, Mayor Pro Tem Nash and Mayor Kilgore None B. Zoning Map Amendment Request for Property Located at 806 Circle Drive from Office Transitional (OT) to Conditional District (CD) “ETC Crematorium.” Planning Director Lisa Stiwinter requested by memorandum that Council call for a public hearing to be held on May 5, 2015 at 6:00 p.m. to consider a zoning map amendment request for property located at 806 Circle Drive from Office Transitional (OT) to Conditional District (CD) “ETC Crematorium.” Mayor Pro Tem Nash moved to call for a public hearing to be held on May 5, 2015 at 6:00 p.m. to consider this request. Council Member Anthony seconded the motion, which passed unanimously with the following votes: AYES: NAYS: Council Members Anthony, Duncan, Jordan, Keziah, Mayor Pro Tem Nash and Mayor Kilgore None City Council Regular Meeting April 21, 2015 Page 21 25 Item No. 5. Advertisement of Unpaid Real Estate Property Taxes. Interim Finance Director Lisa Strickland advised by memorandum that N.C.G.S. §105-369(a) required municipal tax collectors to report to their governing boards the total amount of unpaid taxes for the current year that are liens on real property. Ms. Strickland reported that as of April 15, 2015, the City’s unpaid balance of real estate taxes was $471,305.36. Upon receipt of the report, the governing board must order the Tax Collector to advertise a list of unpaid real estate taxes. She advised that a list of unpaid real estate taxes was available in the Tax Office. Ms. Strickland advised that it was the recommendation of Staff that Council authorize the Tax Collector to advertise the unpaid real estate taxes pursuant to N.C.G.S. §105-369. Funds are included in current year budget for tax delinquency advertisement. Mayor Pro Tem Nash moved to authorize the Tax Collector to advertise the unpaid real estate taxes pursuant to N.C.G.S. §105-369. Council Member Anthony seconded the motion, which passed unanimously with the following votes: AYES: NAYS: Council Members Anthony, Duncan, Jordan, Keziah, Mayor Pro Tem Nash and Mayor Kilgore None Item No. 6. Award of Contract for Nelson Heights Tank Interior Recoating and Repair. Water Resources Director Russ Colbath advised by memorandum that informal bids were received on March 24, 2015 for interior recoating and repair of the Nelson Heights water tank which is the oldest active tank in the City’s system. Mr. Colbath advised that a tank condition assessment was performed by S&ME consultants in July 2014, which identified the needed work to extend the useful life of the tank. He advised that the exterior coating of the tank would not be replaced at this time, but would be monitored for continued performance and protection of the structure. Mr. Colbath advised that during the project, the tank would be drained and removed from service. He noted that there was adequate stored water capacity at the City’s WTP and in the eastern water pressure zone to accommodate this. Mr. Colbath advised that Staff would go doorto-door to contact all residents living near the tank to provide project information and City Staff contact phone numbers should they have a concern. He advised that the contract period for the project was 75 days. Mr. Colbath shared the bid results from the qualified contractors: CONTRACTOR Utility Service Company Inc. Olympic Enterprises Inc. Southern Corrosion Municipal Tank R.E. McLean Tank BID $111,400 $178,298 No Bid No Bid No Bid City Council Regular Meeting April 21, 2015 Page 22 26 Mr. Colbath advised that it was the recommendation of the Environment and Water Resources Committee and Staff that Council award the contract bid for the Nelson Heights tank interior coating and repairs project to Utility Service Company Inc. in the amount of $111,400, authorize a 5% contingency allowance for this project, authorize the City Manager to make contract changes up to this amount if needed and also authorize the City Manager to execute the contract on behalf of the City. Budgeted funds are available. Mayor Pro Tem Nash moved to award the contract for the Nelson Heights tank interior coating and repairs project to Utility Service Company Inc. in the amount of $111,400, authorize a 5% contingency allowance for this project, authorize the City Manager to make contract changes up to this amount if needed and authorize the City Manager to execute the contract on behalf of the City. Council Member Anthony seconded the motion, which passed unanimously with the following votes: AYES: NAYS: Council Members Anthony, Duncan, Jordan, Keziah, Mayor Pro Tem Nash and Mayor Kilgore None REGULAR AGENDA Item No. 7. Consideration of Award of Economic Development Incentive Grant to ATI Specialty Materials for Project Pipe. A. Public Hearing. Mayor Kilgore opened the duly advertised public hearing. Economic Development Executive Director Chris Platé stated that this was a request for an economic development incentive in the form of acceptable consideration for the sale of approximately 57.49 acres of land and the conveyance of this land under N.C.G.S. §158.1 for ATI Specialty Materials. Mr. Platé advised that ATI Specialty Materials, formally Allvac, was founded in 1957 in Union County for the purpose of producing specialty metals in a vacuum process. He advised that since that time, ATI had grown into an international leader in metals and aerospace super alloys. Mr. Platé pointed out that ATI had operations throughout the United States and abroad with their customers including airframers and engine builders such as Boeing and Airbus and Rolls Royce and GE. Mr. Platé stated that it was safe to say that every plane flying in the world today had some ATI metal on it. Mr. Platé advised that ATI was considering a project on the remaining 57.49 acres that comprised the remaining portion of AeroPointe Industrial Centre. He stated that if Monroe was selected, the project would include a new building, machinery and equipment at this location. Mr. Platé advised that Monroe had been short-listed and was one of several US locations. He advised that a project decision was expected in 2015. Mr. Platé advised that if Monroe was selected, the anticipated new taxable investment in building and equipment would be approximately $63.5 million to $70 million over the next five years. He City Council Regular Meeting April 21, 2015 Page 23 27 advised that the incentive did not require a minimum job creation, but this project had the potential of creating 70 jobs paying an average wage exceeding $60,000 per year. Mr. Platé advised that the company began conversations with Staff earlier this year and indicated that incentives were an important factor for the corporation in their final location decision. Mr. Platé advised that the Monroe-Union County Economic Development Board of Advisors discussed this project at their March 10, 2015 Meeting and provided full support of the incentive. He advised that the incentive was in the form of consideration for the sale of land in lieu of a traditional incentive grant. Mr. Platé advised that Staff was recommending that Council adopt a Resolution approving the sale of 57.49 acres in the AeroPointe Industrial Centre for $100 cash and $1,058,662 in other prospective revenues to the City in the form of new property tax, new sales tax and utility charges. He noted that the incentive was based on the company’s potential investment of $63.5 million, over a five-year period. Based on its projected investment in the City of Monroe, the current tax rate and assuming a consistent assessed value with no depreciation, Mr. Plate advised that the company could pay an estimated ad valorem tax of $1,762,125 on the new taxable investment over the grant period. He shared that the actual tax revenue to the City would be calculated using the assessed value of the investment each year depending upon the depreciation schedule and timing of the investments by the company. Mr. Platé stated that the Union County Board of Commissioners awarded an economic development incentive grant in the amount of $1,490,000 at their April 20, 2015 Meeting. Mr. Platé advised that this project also achieved a cost benefit analysis ratio of 3.37 to 1 over the first ten years of the project. Mr. Platé advised that it was the recommendation of the Monroe-Union County Economic Development Board of Advisors and Staff that Council adopt a Resolution approving the sale of this 57.49 acres of land for $100 cash and $1,058,562 in other prospective revenues to the City, including property taxes, sales taxes and utility charges as permitted under N.C.G.S. §158.1, direct Staff to develop the Sales Agreement and authorize the Mayor to sign and all necessary documents. ATI Vice President/ATI Specialty Materials President Hunter Dalton provided a brief background history on ATI. He thanked Council for prior support and hoped they would support approval of the project. Council Members expressed appreciation to Mr. Hunter on behalf of ATI for the company’s dedication to the City of Monroe. There being no other speakers, Mayor Kilgore closed the public hearing. City Council Regular Meeting April 21, 2015 Page 24 28 B. Action – Resolution Approving Incentive. Mayor Pro Tem Nash moved to adopt Resolution R-2015-14, directed Staff to develop the Sales Agreement and authorized the Mayor to sign and all necessary documents: RESOLUTION TO APPROVE INCENTIVE IN FORM OF ACCEPTABLE CONSIDERATION TOWARDS SALE OF TRACTS OF LAND IN AEROPOINTE INDUSTRIAL CENTRE ATI SPECIALTY MATERIALS R-2015-14 WHEREAS, the City has heretofore purchased real property on Rocky River Road pursuant to N.C.G.S. 158-7.1 for the purpose of developing an industrial park; and, WHEREAS, ATI Specialty Materials has requested the purchase for 57.49 (+/-) acres of said property hereinafter described; and, WHEREAS, the City has had said 57.49 (+/-) acres determined value for the fee simple interest subject to reserved easements is $1,058,662.00 which the Council determines to be the value of the interest to be conveyed; and, WHEREAS, the negotiated purchase price is $1,058,662, comprised of $100 in cash and $1,058,562 in other prospective revenues to the City pursuant to N.C.G.S. 158-7.1(d); and, WHEREAS, $1,058,662 will be toward the consideration in the following forms, including, but not limited to, prospective tax revenues, sales tax revenues, and utility revenues within the City over a 5-year period beginning in FY 2017; and WHEREAS, the incentive will be applied at the time of purchase in accordance with the Purchase and Sale Agreement; and, WHEREAS, the City Council approves and accepts said incentive as a form of acceptable consideration as described above and desires to sell the property pursuant to N.C.G.S. 158-7.1(d). NOW, THEREFORE, BE IT RESOLVED that pursuant to N.C.G.S. 158-7.1(d), the City Council accepts the incentive amount of $1,058,562 as acceptable consideration to be applied to the sale of the land in the Monroe Corporate Center. Description: Being all that certain tracts or parcels of land lying and situated in the City of Monroe Township, Union County, North Carolina and being more particularly described as follows: Metes and Bounds description of Parcel ID: 09342441 Beginning at a point said point being the northwest corner of lot 4 of AeroPointe Industrial Centre as recorded in Plat Cabinet K file 921 of the Union County Registry; thence from the beginning point and with the Hunter Marshall III property as recorded in Book 1275 Page 850 of the Union County Registry S 80-03-50 E a distance of 1566.77 feet to a point on the Right of Way of Rocky River Road; thence with the right of way of Rocky River Road S 13-28-55 W a distance of 77.47 feet; thence continuing with the right of way of Rocky River Road S 13-35-51 a distance of 401.78 feet to a point on the right of way of Rocky River Road and City Council Regular Meeting April 21, 2015 Page 25 29 AeroPointe Parkway; thence continuing the right of way of AeroPointe Parkway the following six calls (1) a curve to the RIGHT, having a radius of 75.00 feet, a delta angle of 94-35-15, and whose long chord bearing is S 60-53-28 W a distance of 110.23 feet (2) along a curve to the RIGHT, having a radius of 170.00 feet, a delta angle of 29-29-28, and whose long chord bears N 57-04-10 W a distance of 86.54 feet (3) N 42-19-26 W a distance of 182.90 feet ,(4) thence along a curve to the LEFT, having a radius of 530.00 feet, a delta angle of 37-44-24, and whose long chord bears N 61-11-38 W a distance of 342.83 feet (5) N 80-03-50W a distance of 341.36 feet ,thence along a curve to the LEFT, having a radius of 330.00 feet, a delta angle of 39-55-33, and whose long chord bears is S 79-58-23 W a distance of 225.33 feet (6) thence bearing N 33-32-02 W a distance of 507.09 feet to the point of beginning and containing 11.44 Acres. Above described tract is subject to easements as shown on the map of AeroPointe Industrial Centre as recorded in Plat Cabinet K File 921. Metes and Bounds description of Parcel ID: 09342433 Beginning at a point said point being the northwest corner of Parcel 5 as recorded in Plat Cabinet K File 921 of the Union County Registry; thence with the right of way of AeroPointe Parkway the following 12 Calls (1) S 79-16-57 E 489.18 feet (2) thence with a curve to the LEFT, having a radius of 230.00 feet, a delta angle of 81-43-58, and whose long chord bears N 59-50-52 E 300.98 feet (3) N 18-58-53 E 220.78 feet (4) thence a curve to the LEFT, having a radius of 1030.00 feet, a delta angle of 9-02-43, and whose long chord bears N 1427-31 E a distance of 162.44 feet (5) N 9-56-10 E 484.58 feet (6) thence along a curve to the right, having a radius of 270.00 feet, a delta angle of 90-00-00, and whose long chord bears N 54-56-10 E a distance of 381.84 feet (7) S 80-3-50 E 341.36 feet (8) thence along a curve to the RIGHT, having a radius of 470.00 feet, a delta angle of 37-44-24, and whose long chord bears S 61-11-38 E a distance of 304.02 feet (9) S 42-19-26 E 182.90 feet (10) thence along a curve to the Left, having a radius of 230.00 feet, a delta angle of 34-26-25 and whose long chord bears S 59-32-39 E a distance of 136.18 feet (11) S 76-45-51 E 15.95 feet (12) thence along a curve to the RIGHT, having a radius of 53.72 feet, a delta angle of 54-53-58 and whose long chord bears S 52-13-31 E a distance of 49.53 feet to a point on the Right of way of Rocky River Road said point being the northeast corner of the Juan Alzate property as recorded in Book 3336 Page 149 of the Union County Registry; thence with the Alzate property the following 5 call (1) N 80-49-02 W 952.51 feet (2) N 80-49-00 W 258.52 feet (13) S 9-56-10 W 482.45 feet (3) thence along a curve to the right, having a radius of 530.00 feet, a delta angle of 16-22-19, and whose long chord bears S 18-07-20 W a distance of 150.93 feet (4) S 63-41-30 E a distance of 28.61 feet to a point said point being the northwest corner of the Union Electric Membership Property as recorded in Book 1281 Page 8 of the Union County Registry thence S 9-32-03 W a distance of 824.58 feet to a point on the Westwood Commerce Park Phase 2 property line said property being recorded in Plat Cabinet E File 954 of the Union County Registry; thence N 80-11-39 W 804.90 feet to a point, said point being the southwest corner of Parcel 5 as recorded in Plat cabinet K File 921 of the Union County Registry thence N 10-44-35 E a distance of 442.62 feet to the point of beginning and containing 15.23 Acres. Above described tract is subject to easements as shown on the map of AeroPointe Industrial Centre as recorded in Plat Cabinet K File 921. Metes and Bounds description of Parcel ID: 09369002K Beginning at a point said point being the northwest corner of Parcel 5 of the AeroPointe Industrial Centre as recorded in Plat Cabinet K File 921 of the Union County Registry Union County Registry thence S 10-44-35 W 442.62 to a point said point being on the northern property line of The Westwood Commerce Park Phase 2 as recorded in Plat Cabinet E File 954 of the Union County Registry and also the northeast corner of the Goldmine Generation LLC Property as recorded in Book 4492 Page 708 of the Union County Registry; thence with the Goldmine Generation LLC property line the following three calls (1) S 87-46-45 W 905.73 feet (2) N 50-18-44 W 383.82 feet (3) S 77-37-29 W a distance of 1081.28 feet to a City Council Regular Meeting April 21, 2015 Page 26 30 point on the City of Monroe property line; thence with the City of Monroe property N 47-5331 E 1108.96 feet to a point on the southern right of way of AeroPointe Parkway; thence with the southern right of way of AeroPointe Parkway S 79-16-57 E 1543.28 feet to the point of beginning and containing 23.82 Acres. Metes and Bounds description Parcel ID: 09369002R Beginning at a point said point being the northwest corner of parcel 2 of the AeroPointe Industrial Centre as recorded in Plat Cabinet K File 921 of the Union County Registry; thence with the Parcel 2 property line S 10-42-51W 450.00’ to a point on the north side of AeroPointe Parkway; thence with the right of way of AeroPointe Parkway N 79-16-57 W 828.25’ to a point on the City of Monroe property as recorded in Book 1175 Page 390 of the Union County Registry; thence with the City of Monroe property line N 47-53-29 E 564.75’ to a point on the Teledyne Industries Inc property line said property being recorded in Book 4035 page 336 of the Union County Registry; thence S 79-16-57 E 486.98’ to the point of beginning and containing 6.79 Acres. Above described tract is subject to easements as shown on the map of AeroPointe Industrial Centre as recorded in Plat Cabinet K File 921. The proposed consideration for said conveyance is $100 cash and an incentive from additional prospective revenues received within the City over a five-year period pursuant to N.C.G.S. 158-7.1(d). The City Council intends to approve same. The City Council believes this project will stimulate and stabilize the local economy and result in the creation of a substantial number of new, permanent jobs in the City. Adopted this the 21st day of April, 2015. Council Member Duncan seconded the motion, which passed unanimously with the following votes: AYES: NAYS: Council Members Anthony, Duncan, Jordan, Keziah, Mayor Pro Tem Nash and Mayor Kilgore None Item No. 8. Consideration of Award of Economic Development Incentive Grant to Confidential Company for Project Lonestar. A. Public Hearing. Mayor Kilgore opened the duly advertised public hearing. Economic Development Executive Director Chris Platé stated that this was an economic development incentive request by Project Lonestar for a Level IV “modified” Incentive Grant. Due to ongoing confidentiality, Mr. Platé advised that the name of the company was not able to be released at the Meeting. Mr. Platé advised that in the mid-seventies, Lonestar pioneered the field of automated composition and database publishing using state-of-the-art computer technology. He stated that since that time, Lonestar had grown into a national provider of data-driven publishing and marketing communication services for major U.S. organizations. Mr. Platé advised that Lonestar was headquartered in California and had additional operations in Texas. Mr. Platé stated that Lonestar was considering the acquisition of the Turbomeca facility and creating an East Coast presence in the City of Monroe. If Monroe were selected, Mr. Platé City Council Regular Meeting April 21, 2015 Page 27 31 advised that the project would include building improvements, new machinery and new equipment at this location. He shared that Monroe had been short-listed along with a couple other locations. Mr. Platé advised that a decision was expected this month. Mr. Platé stated that if Monroe was selected, the anticipated new taxable investment in building and equipment would be approximately $140,000,000 over the next ten years. He advised that the project also had the potential of creating 250 jobs paying an average wage exceeding $60,000 per year. Mr. Platé advised that Lonestar began conversations with City Staff in late 2014 and have indicated that incentives were a critical factor for the corporation in their final location decision. Mr. Platé advised that the Monroe-Union County Economic Development Board of Advisors discussed this project at their March 10, 2015 Meeting provided full support of the incentive. He advised that the incentive was a modification from the current guidelines due to the fact that most of the equipment was digital and would depreciate at a very fast rate (approximately five years). Mr. Platé stated that Staff was recommending this “modified” Level IV Grant not to exceed $1,430,000 based on the investment of $140 million over a ten-year period. Based on its projected investment in the City of Monroe, the current tax rate and assuming a consistent assessed value with depreciation, Mr. Platé advised that the company could pay an estimated ad valorem tax of $1,900,000 on the new taxable investment over the grant period. He shared that actual tax revenue to the City would be calculated using the assessed value of the investment each year depending upon the depreciation schedule and timing of the investments. Mr. Platé stated that the Union County Board of Commissioners awarded a similar incentive grant at their April 20, 2015 Meeting. Mr. Platé advised that this project also achieved a cost benefit analysis ratio of 4.75 to 1 over the first ten years (grant period) of the project. Mr. Platé advised that it was the recommendation of the Monroe-Union County Economic Development Board of Advisors and Staff that Council adopt a Resolution awarding a performance-based Level IV “modified” Economic Development Incentive Grant to Project Lonestar, not to exceed $1,430,000 over a ten-year period beginning in FY2017, direct Staff to develop the Sales Agreement and authorize the Mayor to sign and all necessary documents. There being no other speakers, Mayor Kilgore closed the public hearing. B. Action – Resolution Approving Incentive. Mayor Pro Tem Nash moved to adopt Resolution R-2015-15, directed Staff to develop the Sales Agreement and authorized the Mayor to sign all necessary documents. RESOLUTION TO AWARD LEVEL IV “MODIFIED” INCENTIVE GRANT TO CONFIDENTIAL COMPANY FOR PROJECT LONESTAR City Council Regular Meeting April 21, 2015 Page 28 32 R-2015-15 WHEREAS, the City of Monroe has adopted an Economic Development Grant Program, hereinafter “Program”; and, WHEREAS, Project Lonestar, has duly applied for a Level IV “Modified” incentive grant under said program; and, WHEREAS, a public hearing was conducted by the City Council on April 21, 2015, at which hearing testimony was given by City of Monroe Economic Development Executive Director Chris Platé and a company representative; and, WHEREAS, the City Council makes the following findings with respect to said application: 1. All facilities, if Monroe is the selected location, are proposed to be built and/or improved by the applicant on property currently within the corporate limits of the City of Monroe. 2. The applicant will be the principal employer of persons with respect to the grant application under the Program. 3. The applicant is a manufacturing business, which will have a projected investment of $140,000,000 and a minimum new investment of $30,000,000 in new taxable building improvements and machinery and equipment to qualify for a Level IV “Modified” grant. 4. No other grant from the Program has been awarded to the applicant for this project. 5. The applicant is not in the retail or the construction trade. 6. That the applicant meets all other applicable requirements of the Grant Program set forth by the City Council. WHEREAS, based on the above findings and other documentation in the file, the City Council concludes that the applicant qualifies for a Level IV “Modified” Grant under the Program for an amount not to exceed One Million Four Hundred Thirty Thousand Dollars ($1,430,000) and paid over a ten-year grant period beginning in Fiscal Year 2017. With qualification for the grant established and the economic benefits accrued to the City in the form of new employment, increased tax base and increased City utility revenues, the grant application should be approved subject to compliance with the Program and subject to appropriation; and, WHEREAS, the City of Monroe anticipates entering into an Economic Incentive Grant Agreement with Project Lonestar if Monroe is the selected location and pursuant to the City of Monroe Economic Incentive Grant Policy. NOW, THEREFORE, BE IT RESOLVED THAT the grant application of Project Lonestar for a Level IV “Modified” Grant be approved subject to compliance with the requirements and provisions of the Program and subject to appropriation. Staff is hereby authorized to negotiate an Economic Incentive Grant Agreement and the Mayor is hereby authorized to execute on behalf of the City an Economic Incentive Grant Agreement with Project Lonestar under the terms stated above and pursuant to the City of Monroe Economic Incentive Grant Policy. Adopted this 21st day of April, 2015. City Council Regular Meeting April 21, 2015 Page 29 33 Council Member Duncan seconded the motion, which passed unanimously with the following votes: AYES: NAYS: Council Members Anthony, Duncan, Jordan, Keziah, Mayor Pro Tem Nash and Mayor Kilgore None Item No. 9. Completion of Pavement Repairs within Saint James Villas Subdivision. Engineering Director Jim Loyd stated that Council approved acceptance of the private streets within Saint James Villas at their May 6, 2014 City Council Meeting. Mr. Loyd advised that funding was also approved at the meeting to allow the work to be completed as part of the City’s summer resurfacing contract. Mr. Loyd advised that the Financing Agreement executed with the Saint James Association, Inc. provided for the Homeowners’ Association to pay one half of the final costs of the repairs to the City of Monroe in ten equal annual installments. He advised that the project was subsequently awarded to Boggs Paving, Inc. on August 19, 2014 as part of the Summer Asphalt Paving Program Project (the Summer Asphalt Paving Program contract was for $712,951.25 with a contingency amount of $65,000.00). Mr. Loyd advised that the contractor initiated work on the streets within Saint James Villas on October 6 with full depth asphalt repairs and immediately discovered subgrade issues in the Compostela Court cul-de-sac requiring more extensive repairs. Mr. Loyd stated that the following day, the contractor moved to the entrance roadway, Saint James Way and discovered areas where fabric had been placed underneath the stone and asphalt to bridge soft areas in the subsurface. He stated that again, poor subgrade soils were revealed giving way to areas that moved under the weight of the construction vehicles. Pursuant to the subgrade issues, Mr. Loyd advised that Staff stopped all asphalt repairs and obtained Change Order No.1 to reclaim the streets with cement to provide a suitable structural base for the asphalt riding surface. Due to concerns with the subgrade, Mr. Loyd advised that the entire development was reclaimed by the contractor with the exception of the cul-de-sacs. He stated that repairs to the cul-de-sacs were completed by the City’s Street Division due to the tight radiuses which would affect the maneuvering of the larger reclamation equipment. Mr. Loyd stated that the original estimate for the cost of the work was $126,510; however, the actual total cost was $187,273.85 (Boggs Paving-$132,122.55; City of Monroe-$55,151.30) Mr. Loyd advised that City Manager Faison, City Staff and Vye Wight, President of the Saint James Subdivision Homeowners’ Association, met to discuss the overage in March 2015. He advised that the option of requesting Council to extend the payment period from ten years to a 15-year term was discussed. Mr. Loyd advised that Ms. Wight expressed that the property owners within the development were opposed to the additional costs and did not express an opinion on an extended payment period. Mr. Loyd reviewed a summary of the monthly costs for the different terms: City Council Regular Meeting April 21, 2015 Page 30 34 Item Original Estimate Final Costs: Costs $126,510.00 $187,273.85 Share to Homeowner Association -$63,255.00 $93,363.69 Annual Payment 10 Year Term 15 Year Term $6,325.00 N/A $9,363.69 $6,242.46 Mr. Loyd advised that the Transportation Committee discussed this matter at their April 7, 2015 Meeting. After a period of discussion, Mr. Loyd advised that the Transportation Committee made no recommendation on the matter and referred the issue of additional costs to the Homeowners’ Association to Council for a final determination. Mr. Loyd advised that the following options had been identified for consideration by Council: 1. Follow the approved Financing Agreement, requiring the Homeowners’ Association to pay one half of the final costs of repairs in ten annual payments of $9,363.69 each. 2. Modify the current Financing Agreement from a ten-year term to a 15-year term, requiring the Homeowners’ Association to pay one half of the final costs of repairs in 15 annual payments of $6,242.46 each. 3. Forgive the Homeowners’ Association of their share of the costs overrun ($30,108.69) leaving the annual payment at the original amount of $6,325 for the ten-year term. Mr. Loyd pointed out that Options #1 and #3 could be approved without approval of the Homeowners’ Association but pointed out that Option #1 could result in the Homeowners’ Association refusing to pay its share of the overage. He advised that Option #2 would require approval by both Council and the Homeowners’ Association. Council Member Duncan asked when the paving took place. Mr. Loyd advised that the paving took place in October-November, 2014. Council Member Duncan asked when the City was notified that there would be an additional cost. Mr. Loyd advised that the City approved Change Order #1 on October 20, 2014. Council Member Duncan inquired if Ms. Wight or the Homeowners’ Association were notified. Mr. Loyd advised that at that time, no notification was given to Ms. Wight or the Homeowners’ Association. He confirmed that they were notified in March 2015. Council Member Duncan asked if the City moved forward without permission or authority of the Homeowners’ Association and without their knowledge of the additional cost. Mr. Loyd stated that since the City accepted maintenance of the streets on May 6, 2014, the responsibility of the streets fell to the City. City Council Regular Meeting April 21, 2015 Page 31 35 Council Member Duncan stated that there was also an agreement with the Homeowners’ Association that they would pay a certain amount of that cost. Mr. Loyd advised that the homeowners agreed to pay half of the final cost. Mayor Pro Tem Nash stated that some of the additional cost was coming from the paving company that was being disputed. Mr. Loyd stated that the additional cost was from a Change Order with the paving company; however, that would have been with any company and the City would have encountered the same issues. Mr. Loyd advised that when Staff originally evaluated the development, Staff went in and did a proof roll in an attempt to identify any bad areas. He stated that the asphalt had formed a bridge and once work had begun, the bridge started moving. Mr. Loyd advised that once the bridge began to move, Staff regrouped and decided to use reclamation with cement which was the typical method used as it provided a sturdy foundation. Ms. Vye Wight revisited the Saint James Villa development issues discussed at prior Council Meetings (i.e., quality issues including turn lane, bonds, code issues with clubhouse and handicapped ramp, Street Dedication and Easement document, Financing Agreement, insurance policy covering the exterior of homes, paying of City taxes, loss of equity in their homes). She expressed a new concern involving the time it took the City to notify the homeowners of the new paving issues discovered in October/November 2014, the additional cost of the paving to be passed on to the homeowners and the paving contractor selected by the City to perform the paving since acceptance of the streets within the development. Ms. Wight stated that in addition to the Financing Agreement between the City and Saint James Villas’ homeowners, the residents of the development were having to pay additional costs due to cave-in at the pond as a result of broken pipe, repair of fallen fence resulting in additional funds and payment to Boswell Electric for restoration of electrical line issue. Ms. Wight stated that at the end of March 2015, Saint James Villas’ homeowners were advised that there would be a fee increase on the streets in the development. She stated that this came as a surprise because she thought the issue had been resolved and felt the lack of due notification was negligence on the part of the City. Ms. Wight stated that even though the Financing Agreement stated that there could be plus/minus that could arise during the performance of the work, she stated that the development had an issue with the bill going up 50% without receiving permission or cooperation from the homeowners. She stated that the homeowners were already dealing with problems in the community that they were financially dealing with and had they known the cost would go up to $90,000 instead of the $60,000 price, they might have chosen not to have their streets maintained by the City. Ms. Wight stated that the Saint James Villas’ homeowners questioned the approval of this development and felt the City should have evaluated the building of the development to ensure City Council Regular Meeting April 21, 2015 Page 32 36 that the developer was held accountable to building a community that complied with City standards. Ms. Wight stated that the homeowners appreciated the help already given by the City; however, they were requesting further assistance of Council by forgiving the additional paving debt of $30,381.92 and that the $36,800 already paid in taxes be applied to the original paving amount of $63,255 agreed to in the Financing Agreement. Mayor Kilgore inquired if any additional lots had been purchased and built on since the paving began. Ms. Wight stated that Bonterra Builders had purchased 22 lots from Paragon Bank. Mayor Pro Tem Nash/Transportation Committee Chairman stated that the matter was brought before the Transportation Committee and it was decided to refer the matter to Council because it had financial implications that required Council decisions. She felt that more oversight should have been provided on the roads. Mayor Pro Tem Nash stated that an Ordinance Amending City of Monroe Standard Specifications and Detail Manual addressing private roads was adopted as a part of the April 21, 2015 Consent Agenda which should address any future concerns on private streets. Mayor Pro Tem Nash stated that there was also a responsibility that fell back on the buyer. City Attorney Shah-Khan stated for the record that Council Member Duncan was a property owner in Saint James Villas’ development and was also a member of the Homeowners’ Association. He advised that based on the fact that there was no additional assessment being requested by the Homeowners’ Association nor was there any financial impact regardless of what the City did, there was no financial impact and under N.C.G.S. §160A-75, there was no conflict and Council Member Duncan was free to vote on this issue and did not need to seek Council’s approval to be excused from voting on the issue. Mayor Pro Tem Nash moved to approve Option #3 to forgive the Homeowners’ Association of their share of the costs overrun ($30,108.69) leaving the annual payment at the original amount of $6,325 for the ten-year term. Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: NAYS: Council Members Anthony, Duncan, Jordan, Keziah, Mayor Pro Tem Nash and Mayor Kilgore None Item No. 10. Public Comment Period. A. Historic District Residents. Ms. Theresa Eaman addressed Council concerning the following, ongoing issues in the Historic District as well as surrounding neighborhoods: parties, gun shots, garbage strewn up and down the streets and loud and offensive music. City Council Regular Meeting April 21, 2015 Page 33 37 Ms. Eaman provided Council with a copy of the Rental Dwelling Registration Ordinace currently being used in Raleigh, North Carolina. She stressed the need for Council to take these issues seriously and implement a Rental Registration Ordinance/Program to be able to hold the landlords accountable for these actions. She stated that she looked forward to further discussions on the proposed Ordinance at the Historic District Neighborhood Meeting on April 29, 2015 at 6:00 p.m. at the Old Armory Community Center. With regard to Raleigh’s Ordinance, City Attorney Shah-Khan stated that currently, there were efforts put in the General Assembly to restrict, if not eliminate, some ability to do rental registration programs. Ms. Dawn Arwine stated that this effort did not apply to rental registration but rather doing away with inspections. She stated that the residents were asking for the rental registration in order to hold landlords accountable. City Attorney Shah-Khan respectfully stated that Senate Bill 442, which was identical to House Bill 773, was currently pending in the General Assembly. Mr. Robert Yanacsek displayed photographs of garbage on the streets in the City of Monroe. Mr. Yanacsek thanked City Staff for their efforts to help address issues in the community. He stated that everyone wanted what was best for Monroe which included a vibrant, clean, safe and thriving community. However, Mr. Yanacsek stated that the City of Monroe was far from those goals and the only way to ever achieve these goals was for everyone to work together. He requested that Council give the City employees the tools to get the job done and make these goals a reality. Mr. Yanacsek shared with Council a recent post on Facebook concerning the negative comments regarding housing in the City of Monroe. He stated that while everyone understood that change did not come easy, it had to come to the City of Monroe in order to survive and succeed. He recommended that Council continue moving forward with the Downtown Master Plan. Council Member Duncan asked what the City could do to make the current Ordinances stronger. City Attorney Shah-Khan stated that the current Ordinances do allow for inspections and there were nuisance abatement portions of the Ordinances as well. He deferred this question to Planning Director Lisa Stiwinter but stated that citations did have to be issued to give folks an opportunity to cure a problem. City Attorney Shah-Khan stated that if a property owner was not willing to cure the problem, the City then had to deal with the issue which ended up resulting in the City contracting with someone or City Staff having to clean up the issue with the cost being assessed against the property. He advised that there was a commitment from Council in last year’s budget to keep moving forward in this direction. Mayor Pro Tem Nash pointed out that discussion during the Public Comment Period was going against Council’s rules. City Council Regular Meeting April 21, 2015 Page 34 38 Council Member Anthony commented that the questions being raised were questions and comments that could be addressed at the Community Forum on April 29, 2015. Council Member Duncan stated that this was Council’s rule and Council could overrule their own rules. Ms. Stiwinter stated that the junk and debris in the yards was considered a public health nuisance; however, the junk and debris that was placed at the road was a picked up by the solid waste company on a bulky week which was currently every other week. She advised that Staff was proposing in the FY 2015-2016 Budget to change bulky pickup to every week with the intent to reduce these concerns. Ms. Stiwinter stated that Staff was aware of both the concern and issues. Mayor Pro Tem Nash stated that the City of Charlotte had an Environmental Court. She inquired how the City of Charlotte assessed fines for trash cans, etc. City Attorney Shah-Khan stated that this was handled through Charlotte’s Code Enforcement Division. He explained that their Ordinances provided guidelines for various items such as a fee for cart being out past a certain number of days, garbage out, debris out, etc. City Attorney Shah-Khan stated that a citation was issued providing an opportunity to correct the issue and if the matter was not addressed, the City would then contract with companies to haul of items with those fees being charged to the property owner which then became a civil penalty. He advised that if the civil penalty was not paid, it was assessed as a lien on the property. City Attorney Shah-Khan stated that the City of Monroe had the ability with weeds, grass, nuisance abatement issues and public health issues to charge as a lien on the property. He advised that this had been discussed with Code Enforcement and this was something the City could continue to do. City Attorney Shah-Khan stated that the Environmental Court was something done by Mecklenburg County; however, that ended up being the “worst of the worst” and did have some impact but in a lot of cases, this did not reach all the potential issues. Ms. Stiwinter stated that these were two items that Staff had planned on discussing at the April 29, 2015 Community Forum. She advised that another goal was revising the Solid Waste Ordinance and Staff was already working on the revision. She advised that the City currently operated under the Civil Citation process that was provided by State law. She advised that the process required the City to give a ten-day notice and, unfortunately, by the end of the ten-day notice, the next garbage run had passed and the issue became a moot point. She advised that Staff’s goal was to revise the Ordinance to implement fines for carts not being taken from the curb and bulky put out before the pickup time frame. Mayor Kilgore stated that the cart requirement was already addressed in the Ordinance. Ms. Stiwinter stated that while the carts were addressed in an Ordinance, the only means available to enforce it was the Civil Citation process. City Council Regular Meeting April 21, 2015 Page 35 39 Council Member Keziah stated that there were certain areas within the City that were worse than others. He recommended that the City work with the solid waste company to schedule an immediate pick up to address the current concerns brought before Council and, in the meantime, look at ways to move forward in correcting and addressing issues all over Monroe. Some City Council Members and the audience stated that these issues were all over Monroe not in one central location. Mayor Pro Tem Nash stated that this additional pick up would be an increase in tax dollars. She stated that what she felt the neighborhoods were looking for was a tool so that whether a property was owner-occupied or rental, someone could be held accountable. Council Member Anthony stated that the issues being raised were larger than just trash. Council Member Keziah stated that he understood the long-term goal and was just recommending a fast solution to address the sanitary issues and, in the meantime, Staff and Council could work on developing a long-term solution. Mayor Pro Tem Nash felt that Council Member Keziah’s recommendation was a step in the right direction but also felt there were more issues to be addressed. Council Member Keziah suggested that City Manager Faison and Staff work together to address the immediate concerns and focus on looking at a long-term solution as well. Mr. Larry Stokes addressed the trash issues in the community and stated that when the City had its own sanitation service, better service was provided. He expressed dissatisfaction with the aesthetics of the City of Monroe. Item No. 11. Closed Session pursuant to N.C.G.S. §143-318.11(a)(6). Council Member Duncan moved to go into Closed Session pursuant to N.C.G.S. §143-318.11(a)(6) to consider the performance of an individual public officer or employee. Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: NAYS: Council Members Anthony, Duncan, Jordan, Keziah, Mayor Pro Tem Nash and Mayor Kilgore None Upon return from Closed Session, Mayor Pro Tem Nash moved to return to Regular Session. Council Member Anthony seconded the motion, which passed unanimously with the following votes: AYES: NAYS: Council Members Anthony, Duncan, Jordan, Keziah, Mayor Pro Tem Nash and Mayor Kilgore None City Council Regular Meeting April 21, 2015 Page 36 40 There being no further business, Mayor Pro Tem Nash moved to adjourn the City Council Regular Meeting of April 21, 2015 at 8:50 p.m. Council Member Anthony seconded the motion, which passed unanimously with the following votes: AYES: NAYS: Council Members Anthony, Duncan, Jordan, Keziah, Mayor Pro Tem Nash and Mayor Kilgore None Bobby G. Kilgore, Mayor Attest: Bridgette H. Robinson, City Clerk City Council Regular Meeting April 21, 2015 Page 37 41 Environment & Water Resources Committee Minutes October 21, 2014 Conference Room 3:30 p.m. Members Present: Dottie Nash and Surluta Anthony Members Absent: Billy Jordan and James Kerr Staff: Brian Borne, Greg Demko, Mujeeb Shah-Kahn, Ashley Duncan, Doug Britt, Jim Loyd, Russ Colbath, Sam Traywick, Chris Costner and Maryann Brown Guests: None Dottie Nash, Acting Chairman, opened the meeting at 3:30 p.m. Adoption of Minutes of the Meeting Minutes of the August 19, 2014 meeting were adopted by consensus. Contract Award – Sanitary Sewer Main Rehabilitation Russ Colbath introduced this item. He said this is a contract award for rehabilitation of sanitary sewer mains. He said since 1999 the City has had an aggressive program to rehab the older parts of the sewer system. He said we do a combination of internal work, which is smoke testing, camera work, point repairs, and the internal crews also do pipe bursting. He said there are some mains that are better done with a different technology of secured in place liner. He said for the last 11 years we have been working with the same company. He said they are top-notch. He said Insituform is a national leader in cured in place sewer lining. Russ said each year we negotiate an annual agreement with Insituform and they have virtually maintained the same unit pricing for their work. He said there was only one (1) price increase in 11 years. He said they are local now so we avoid mobilization charges in their proposal. He said we feel like we are getting a top value from them. He said we also looked at piggyback bids or bids they have performed in Jacksonville, Concord, Fayetteville and Burgaw, and we are getting really good pricing here even without going out for competitive bids. He said because it is in the informal range, we don’t have to have any minimum number of bids. Russ said we feel like it minimizes the staff time that we have to do during the bid and contract process and feel like we get the best result at the lower price. Russ said there is over 4,300 feet of sewer rehabilitation. He said this is all trenchless technology, including the restoration of the service connection, and it’s done robotically with a camera. He said we have 4,359 feet of 6 inch and 8 inch and the total contract amount is $148,536.70. Environment and Water Resources Meeting October 21, 2014 Page 1 of 3 42 Russ said he is asking this Committee to approve this contract and forward to City Council. He said it is on tonight’s consent agenda. Russ introduced Sam Traywick to the Committee. He said Sam is an Engineer who is in charge of managing this sewer rehabilitation program. He said he does a lot of work with the camera images. He said we run the camera down the sewer and assess each main—how many cracks and breaks. He said we then prioritize. He said he really appreciates the work that Sam does. Dottie Nash said that Councilman Jordan is not here today so she is chairing this Committee meeting in his place. She asked for a motion. Motion: Second: Action: Surluta Anthony made a motion to recommend that the City awards the sewer rehabilitation contract to Insituform Technologies, LLC and forward to City Council for final approval. Dottie Nash Approved. Vegetative Buffer Program Update Russ Colbath introduced this item. He said the City started this program in late 2010 when our lakes were placed on the State Impaired Water List. He said he brought a series of presentations to this Committee and also City Council about the water quality impairments in our lakes, the buffers around the lakes and the role that they could play in potentially improving long-term water quality. He said this goes hand-in-hand with the City’s stormwater program. He said they are also doing things to improve water quality in the lakes and in the stormwater that runs into the lakes. He said back in that time period, we developed an action plan that was approved by City Council and it involved recording the lake and buffer information in the chain of title for the property so that when properties are sold people would get advised of the requirements so that they weren’t breaking the rules without knowing. He said this is something that City Council had requested. Dottie Nash said a lot of the people who owned lake-front property thought that their property went all the way to the lake. Russ said there is the component too of educating owners about property lines and who owns what. Russ said we also worked with the Union County Urban Forestry back then on restoration strategies where maybe all the trees had been removed and we had to restore some of those trees in a cost-effective way. He said we chose originally 12 pilot properties and it was a little bit unpopular back then. He said it culminated with us developing a policy that had some good neighbor components in it that we would allow adjacent properties to do certain things on City property as long as they signed an agreement that they would follow the rules. He said this included mowing, trimming, cutting limbs, and as long as the density of the trees stayed present, we would allow them to do those activities to protect their view and their property values. Russ said staff worked with Council and had a public meeting. He said this was followed by Mayor Kilgore forming the Citizens Committee. He said Greg Demko was involved in this and we worked with tree owners from each lake. He said a policy was finalized in September 2012 with the good neighbor components because it allowed them to do more of the things they wanted to do. He said we still felt it would be beneficial to water quality. Environment and Water Resources Meeting October 21, 2014 Page 2 of 3 43 Russ provided the Committee a list of the property owners involved. He wanted to compliment his staff that was involved in this. He said Allen Killough worked on the pilot properties. He said Randy Griffin’s crews did a lot of the plantings. He said the engineering group, including Crystal Panico and Jennifer Hornberger, did at least half of the Lake Twitty 2013-2014 properties from the start. He said he helped train them but they did the initial contact with the property owners, explaining the rules, figuring out what needed to be done, and getting them to sign. He said the administrative staff, Pat Busse and Amanda Horne, had a lot of extra paperwork, helped set up appointments and notarized the documents. He said this was all a lot of work staff had to integrate in with all other duties. He said extra staff was not hired to manage this new program. Russ said we haven’t started the parcel-by-parcel process in Lake Lee or Lake Monroe, but we will. He said it is just taking a little longer than we originally thought because if you go slow, work with each property owner, show that Monroe is flexible, you have better success and less unhappiness. Dottie Nash said to Russ that this Committee wants to commend his staff for all their work. Greg Demko said that Russ put together the training of the team that worked with the property owners and he did a great job in making that happen. He said it was a delicate public relations nightmare. Other There was no other business. Next Meeting – November 19, 2014 Meeting was adjourned at 3:42 pm by acclamation. Respectfully submitted, /s/ Maryann Brown Administrative Assistant Environment and Water Resources Meeting October 21, 2014 Page 3 of 3 44 Customer Service Committee City Hall – Conference Room 9:00 a.m. February 25, 2015 MINUTES Present: Mayor Pro Tem Dottie Nash (Chairman), Council Member Billy Jordan Staff: City Manager Larry Faison, Interim Director of Finance Lisa Strickland, Assistant City Attorney Ashley Duncan, Director of Water Resources Russ Colbath, Lead Utility Billing Field Technician Paul Yow, Energy Specialist Billy Brantley, Gas System Manager Rob Miller, City Attorney Mujeeb Shah-Khan, Utility Billing Supervisor Lynn Traywick, Customer Service Supervisor Dawn Whitesides Visitors: Mr. Gil Rushing, Ms. Fredia Barbee and Ms. Nancy Walkup Chairman Nash called the meeting to order at 8:00 a.m. Item No. 1. Approval of Minutes of the June 10, 2014 Meeting. Committee Member Jordan moved to approve the Minutes of the Customer Service Committee Meeting of June 10, 2014. Committee Member Nash seconded the motion, which unanimously passed with the following votes: AYES: Committee Members Jordan and Nash NAYS: None Item No. 2. Gil Rushing – Citizen Concern – Water Issue. Chairman Nash recognized Mr. Rushing to discuss his experience with high water consumption at his residence located at 831 Bridgewater Drive. He had three different plumbers come out to try to determine the cause of his elevated water consumption. Mr. Rushing stated that the he did direct the first plumber that came out and found no issues to change out flappers in two of his toilets since he would be incurring a service charge for the plumbers’ trip out. One of the plumbers advised Mr. Rushing that he had experienced three ERT’s (Electronic Reading Transmitters) that did not work properly. Director of Water Resources Russ Colbath outlined the actions taken by Water Resources Staff to determine if the meter and ERT were accurate. The water meter was found to be 100% accurate twice in the field and once after it had been removed. These findings were presented to Assistant City Manager and Director of Finance Greg Demko. Demko advised Staff to issue the standard water leak credit per the “Water Leak Adjustment Policy” which is credit for ½ of the excess water and sewer charges over and 45 above the average usage for that residence. Demko did not approve any reimbursement to Mr. Rushing for any of his plumber bills. Mr. Rushing strongly believes that City equipment failed and that he should be reimbursed for more than the standard water leak credit that he has already received for $72.51 due to all of the time and effort he has invested in this issue and due to the cost of his plumber bills totaling $785.00. Council Member Jordan stated that he feels that it is a reasonable expectation for Staff to try and figure out why the consumption is elevated and to determine whether or not it is the meter. Mr. Rushing felt that his meter should have been changed out right away and Rob Miller stated that the City cannot change out every meter that is questioned by our customers. Russ Colbath suggested having customers keep a daily log sheet with their meter readings and stated that he wants Staff to do all that they can to improve on assisting customers in similar type situations. Council Members Jordan and Nash both told Mr. Rushing that they understood his frustration with the issue and told him that he could take his issue to the full City Council but that as it stands, they cannot approve any additional credit or reimbursement because he has been given credit per the policy guidelines. Item No. 3. Fredia Barbee – Citizen Request for Fee Waiver due to Hardship. Chairman Nash recognized Ms. Barbee to discuss her hardship case and her need to connect to City sewer. Ms. Barbee and her neighbor Ms. Nancy Walkup were both given the opportunity to speak. Council Member Nash stated that there are no other hardship cases where fees have been waived and that there is no waiver mechanism to cover the cost at this time. Council Member Jordan stated that there was some past history of waiver for religious organizations. Both Council Members Nash and Jordan requested Staff survey non-profit agencies for criteria to develop a “Hardship Policy” where fees can be submitted for waiver with approval from City Council. Council Member Nash asked for a special called meeting once the criteria is researched by Staff. Item No. 4. Weatherization Program Update. Lisa Strickland discussed the Weatherization Program and advised the Committee that Blue Ridge Community Action, Inc. no administers the program for Union County residents. There are currently three Union County residents that have work in progress at their residence and there are eleven Union County residents on the “Waiting List”. Item No. 5. Same Day/Next Day Service Connections. Lisa Strickland discussed the need to adjust the practice of providing same day turn on and cutoff service to our customers due to the 76 square miles that our service area covers. Council Member Nash stated that she likes the same day turn on practice. Lisa Strickland suggested that all requests be scheduled for the next business day in an effort to assist our Service Technicians so that they can more efficiently schedule their coverage routes. Lynn Traywick provided a chart showing the number of work orders processed per fiscal year and stated that the Service Technicians have been struggling for the past two years to keep up with the same day requests. Both Council Members Nash and Jordan agreed to change the practice from providing same day requests to the next business day. The meeting was adjourned at 10:15 a.m. 46 MINUTES OF THE BOARD OF ADJUSTMENT SPECIAL MEETING MARCH 5, 2015 at 6:30 P.M. Council Chamber 300 West Crowell Street Monroe NC To Accounting – e-mailed 3-6-15 Item 1. Call to Order Chairman George Massey called the March 5, 2015 meeting to order at 6:30 p.m. The Clerk of the Board called the roll. Mr. Massey noted that there was a quorum present with 7 regular members and 1 alternate member. Board Members Present: George Massey, David Kesiah, Kenneth Deal, Purnell Sowell, James Kerr, David McLean, Julie Miles and Myles Kuly Absent: None Staff Present: Doug Britt, Senior Planner; Joe McCollum, BOA Attorney; Ashley Duncan, Assistant City Attorney; Maryann Brown Guests: Maria Gutierrez and Kathy Oropesa, Unionville Realty Item 2. Approval of Minutes – Meeting of November 20, 2014 Meeting Approval of the minutes for the meeting was requested. Motion: Second: Action: James Kerr moved to adopt the minutes of the November 20, 2014 meeting. Ken Deal The motion to approve the minutes passed unanimously. Item 3. New Board Member/Oath of Office – Myles Kuly Chairman administered the Oath of Office to Myles Kuly, new alternate Board Member. Item 4. Case #15-011000002 Special Use Permit – Mr. Massey said this is a Request by Maria Gutierrez for a Special Use Permit to Allow Retail Sales in the Office Transitional (OT) Zoning District located at 403 Morgan Mill Road (Tax ID #09192-189) Mr. Massey said that anyone who is going to give testimony in this case needs to be administered the oath. Doug Britt, Ms. Gutierrez and Kathy Oropesa came forward and were sworn in. Board of Adjustment Minutes March 5, 2015 Special Meeting Page 1 of 5 47 Doug Britt, Senior Planner, introduced this item and said this is a request for a Special Use Permit in order to allow retail sales at 403 Morgan Mill Road. He said the applicant, Maria Gutierrez, has requested a Special Use Permit. He presented the following findings related to the case: 1. The property at 403 Morgan Mill Road (Tax ID# 09-192-189) is a total of .19 acres, and is owned by Hazel Mangum (Exhibit 1). 2. The subject property has an Office Transitional (OT) zoning designation. (Exhibit 2). 3. A Special Use Permit application was submitted on January 30, 2015 to operate a retail grocery/clothes store and a hair salon at 403 Morgan Mill Road. (Exhibit 3). 4. A Standard 5 Appraisal Impact Study was completed by Morrison Appraisal, Inc. It is the opinion of Morrison Appraisal, Inc that the proposed grocery/clothes store and a hair salon use will not adversely affect the value of the abutting or adjoining properties. (Exhibit 4) 5. According to Section 156.110 of the City of Monroe Unified Development Ordinance titled “Table of Permissible Uses”, retail sales are not permissible in the Office Transitional zoning district without the issuance of a Special Use Permit from the Board of Adjustment (Exhibit 5). 6. All adjoining property owners have been properly notified of this special use permit. (Exhibit 6) Doug said the idea behind a Special Use Permit is that retails sales are “by right” in a General Business (GB) or Central Business District (CBD) which means someone can come in and apply for the necessary permits and just meet the minimum requirements of the Ordinance in order to do business. He said certain types of uses might not necessarily be okay to have in the Office Transitional (OT) zoning district. He said the OT zoning district is set up for both business and residential. He said you cannot do both at the same time but you can do either/or. He said the idea behind this is that you would not necessarily want retail sales on every single piece of OT property because some OT properties are more residential. He said in this case, it is more of a commercial area. Doug said in conclusion, staff has provided the Board with findings of fact for your consideration. He said staff does recommends approval of the Special Use Permit with the following condition: If approved, any products or equipment shall be displayed and stored within a completely enclosed structure. No outside storage of any kind shall be allowed on the subject property. Doug said he would be glad to answer any questions at this time. He said the applicant is here to also answer any questions. James Kerr asked Doug if there was a second level on the building. Doug said both of the buildings are single-story. He said the entire property is zoned OT. He said the request is for both buildings which are on one (1) piece of property. Chairman asked if this was the old Mangum store. Doug said yes. He said the property has been vacant many years. He said if property is vacated more than six (6) months, the applicant has to apply for a Special Use Permit. Julie Miles asked Doug about the condition regarding outdoor storage. She asked for clarification of the condition on outside storage and if this would apply to clothes racks or anything like that. Doug said no outside storage of any kind. Board of Adjustment Minutes March 5, 2015 Special Meeting Page 2 of 5 48 Mr. Massey asked if there were any more questions from the Board. There were none. Ms. Kathy Oropesa of Unionville Realty came forward and said that she is working with the applicant, Maria Gutierrez, and the Mangums. Mr. McCollum said to Ms. Oropesa that staff proposed a condition to go along with the Special Use Permit and this Board needs to know if the applicant agrees to that condition. Ms. Oropesa asked if this would be paving the parking lot and no outside storage. Mr. McCollum said yes. Ms. Oropesa said yes, they agree to do this. Mr. Massey said there are a few questions that the applicant needs to respond to. Ms. Oropesa and Ms. Gutierrez came forward and went through the questions: 1. The use will not materially endanger the public health or safety if located, designed, and proposed to be operated according to plan. Petitioner’s Response: The proposed use will not materially endanger the public health or safety. All local and state regulations will be complied with for a beauty salon. 2. The use or development complies with all regulations and standards of the City of Monroe Zoning Ordinance, as well as any other state or local rule or regulation governing the development of land. Petitioner’s Response. The property is located in “OT” area zoning. Retail uses may be permitted under special use permit. The proposed site plan conforms to all use specific standards for retail. 3. The use or development will not adversely impact surrounding property and will not substantially injure the value of adjoining property. Petitioner’s Response. The proposed use will not substantially injure the value of adjoining properties. It was retail for 50 years and the impact study does state this. 4. The location and character of the use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located and will be in general conformity with the Monroe Land Development Plan. Board of Adjustment Minutes March 5, 2015 Special Meeting Page 3 of 5 49 Petitioner’s Response. The proposed development is in harmony with the area and it meets the town’s land development plan. It will provide great service for the community. Chairman asked if there were any questions. There were none. Chairman said this concludes the applicant’s response to the findings. He asked for a motion on each finding: 1. The use will not materially endanger the public health or safety if located, designed, and proposed to be operated according to plan. Motion: Second: Action: David Kesiah made a motion that the standard is met, incorporating the petitioner’s response, and based on the findings of facts it will not materially endanger the public health or safety and all state regulations will be complied with. Ken Deal Approved. 2. The use or development complies with all regulations and standards of the City of Monroe Zoning Ordinance, as well as any other state or local rule or regulation governing the development of land. Motion: Second: Action: Purnell Sowell made a motion that the standard is met as the application complies with all regulations and standards of the City of Monroe zoning ordinance as well as any other state or local rule or regulation governing the development of land. Julie Miles Approved. 3. The use or development will not adversely impact surrounding property and will not substantially injure the value of adjoining property. Motion: Second: Action: Julie Miles made a motion that the standard is met because it will not adversely impact surrounding property or the value of any adjoining properties. James Kerr Approved. 4. The location and character of the use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located and will be in general conformity with the Monroe Land Development Plan. Board of Adjustment Minutes March 5, 2015 Special Meeting Page 4 of 5 50 Motion: Second: Action: Julie Miles made a motion that the standard is met if developed according to plan, it will be in harmony with the area in which it is going to be located and be in conformity with the Land Development Plan. Ken Deal Approved. Mr. Massey asked for a motion to grant the Special Use Permit based on the findings. Motion: Second: Action: David McLean made a motion to grant the issuance of the Special Use Permit with the understanding that the recommendations be adhered to. Ken Deal The motion to grant the Special Use Permit passed unanimously. Item 5. Other Doug Britt said at this point in time staff does not have any items for the next meeting. David McLean said that this will be his final meeting since he will be relocating the end of this month. Item 6. Next Meeting The next meeting will be on March 26, 2015. Item 7. Adjournment The meeting was adjourned by acclamation at 6:55 pm. Respectfully submitted, George Massey Chairman Maryann Brown Clerk of the Board Board of Adjustment Minutes March 5, 2015 Special Meeting Page 5 of 5 51 Economic Development Board of Advisors Regular Meeting Minutes Monroe City Hall – Large Conference Room 300 West Crowell Street Monroe, North Carolina 28112 7:30 am – March 10, 2015 Members Attending: Mr. Hunter Dalton; Mr. John Hendley; Mr. Scott Byrum; Mr. Chad Griffin; Mr. Tony Helms; Mr. Michael Lutes; Mr. Chris Martinez; Mr. Matt Nelson; Ms. Pam Sanders; Mr. Sam Starnes; Mr. Gary Summerfield; Mr. Mike Zimmer Ex-Officio Members in Attendance: Ms. Cindy Coto; Mr. Larry Faison; Mr. Frank Aikmus; Ms. Pat Kahle; Mr. Lynn Keziah; Mayor Bobby Kilgore; Dr. Stan Sidor City Staff in Attendance: Mr. Chris Platé; Mr. Ron Mahle; Ms. Jan Ball; Ms. Gretchen Carson; Ms. Rita Carr; Mr. Mujeeb Shah-Khan Guests in Attendance: Mr. Ram Biyani; Mr. Raju Dsvkan; Ms. Linda Ejlali; Mr. Michael Guss; Mr. Dan Merle; Mr. Jeff Yates 1. Call to Order and Welcome Guests Presenter: Mr. Hunter Dalton Mr. Dalton called the meeting to order at 7:30 am. He welcomed the Economic Development Board of Advisors, staff and guests. 2. Oath of Office – Mr. Matt Nelson Presenter: Ms. Jan Ball Summary: Mr. Matt Nelson was sworn in for his second term as a member of the Monroe-Union County Economic Development Board of Advisors. 52 3. Approval of Minutes Presenter: Mr. Hunter Dalton The Regular Meeting Minutes from February 10, 2015 were presented to the Board for approval. The motion to approve was made by Mr. Summerfield and seconded by Mr. Nelson. The motion was unanimously approved. 4. Special Request Glenmark Generics, USA Presenter: Mr. Raju Dskvan Mr. Dskvan discussed an issue for Glenmark Generics development requirements by the City of Monroe. The City ordinance requires a sidewalk along the portion of the Glenmark Generics property that fronts Airport Road. As no other company on Airport Road has a sidewalk and there was precedence set with previous waivers, Mr. Dskvan is respectfully requesting that the requirement be waived. The company sought a waiver of this requirement from the City Transportation Committee and was denied. Before appealing this decision to the City Council, Glenmark wanted to present this issue to the Economic Development Board of Advisors to seek guidance and support for their appeal. The motion to support this request to the Council was made by Mr. Zimmer, seconded by Mr. Hendley and was unanimously approved. 5. Chairman Topics PRESENTATION: Planning for a Sustainable Future – Possible Bond Election Presenters: Ms. Cindy Coto Mr. Jeff Yates Summary: Ms. Coto stated that the Union County Board of Commissioners is asking for input and discussion from the Monroe-Union County Board of Advisors regarding Bond Election considerations. Mr. Yates gave a presentation on Planning for a Sustainable Future. The presentation included possible bond election concepts, processes, considerations, and projects. Mr. Yates listed the current Bond Election considerations, and asked for input and recommendation from the Board of Advisors. The Board advised that support for workforce development was the most critical consideration from the Economic Development Board’s point of view. 53 6. Office Report Existing Industry Retention & Expansion (R&E) Presenter: Ron Mahle Summary: Mr. Mahle announced the Scott Safety $28.7 million dollar expansion in Monroe. The expansion will bring 67 new jobs. Mr. Mahle also discussed the upcoming Existing Industry Seminar on March 11, 2015. This seminar will focus on Energy Efficiency for Businesses. Product Development Presenter: Mr. Chris Platé Summary: Mr. Platé reviewed his visit to an Industrial Park in Mebane, North Carolina to view Spec buildings and the possibility of working with Samet Construction to be the developer for Spec Building #4. Mr. Platé would endorse working with Samet for this project based on their experience in Mebane and their ability to be a “one-stop shop” – developer & construction. Marketing, Awareness and Recruitment Presenter: Mr. Chris Platé Summary: Mr. Platé reported that the Unitas campaign is doing well to increase awareness of economic development, with an additional 34 likes on Facebook. There has been a 42% increase in the last 2 months since starting the campaign. Mr. Platé and Mr. Mahle attended The National Farm Machinery Show in Kentucky and the SpeedNews Conference in California. Both were successful missions. 7. Closed Session Presenter: Mr. Hunter Dalton CLOSED SESSION For the purpose of discussing economic development incentives pursuant to NCGS 143318-11(a)(4) Mr. Dalton asked for a motion to go into closed session pursuant to N.C.G.S. Section 143318.11(a)(4) to discuss matters related to the location or expansion of industries or other businesses in Union County including potential economic development incentives that may be offered in negotiations. 54 The motion was made by Mr. Hendley. It was seconded by Mr. Zimmer and unanimously approved by the Board of Advisors. RETURN TO OPEN SESSION 8. Adjourn Presenter: Mr. Hunter Dalton Summary: With no further business, Mr. Dalton thanked everyone and asked for a motion to adjourn. Mr. Starnes made a motion to adjourn the meeting at 9:25 am. The motion was seconded by Mr. Griffin and unanimously approved by the Board of Advisors. 55 STAFF REPORT CITY OF MONROE a heritage of progress TO: City Council VIA: E.L. Faison, City Manager DATE: May 5, 2015 FROM: Bridgette H. Robinson, City Clerk PREPARED BY: Bridgette H. Robinson, City Clerk SUBJECT: Disbursement of Fiscal Year 2014- 2015 City Council Discretionary Funds SUMMARY STATEMENT Notification of request for disbursement of City Council Discretionary Funds. REVIEW Staff has received a request from Mayor Bobby Kilgore for disbursement of City Council Discretionary Funds to NC Metro Mayors Annual Meeting in the amount of$ 416. Balance Amount Discretionary 12/ 10/ 2014 03/ 05/ 2015 Turning Point Union County Community Shelter Union County Branch NAACP # 5416 NCLM 2015 Town Hall Day 03/ 20/ 2015 A Few Good Men, Inc. 04/ 14/ 2015 NC Metro Mayors Annual 02/ 16/ 2015 3, 000 Allocation FY 2015 07/ 01/ 2014 12/ 10/ 2014 Meeting 500 2, 500 250 2, 250 25 2, 225 50 2, 175 25 2, 150 1, 734 , 416 RECOMMENDATION There is no action required 1 Fiscal Impact Recipient Date from Council. This item is for informational 56 purposes only. STAFF REPORT OF MONROE a he, Wgr ofProgress TO: City Council VIA: E. L. Faison, City Manager DATE: May 5, 2015 FROM: Bridgette H. Robinson, City Clerk PREPARED BY: Bridgette H. Robinson, City Clerk SUBJECT: Disbursement of Fiscal Year 2014- 2015 City Council Discretionary Funds SUMMARY STATEMENT Notification of request for disbursement of City Council Discretionary Funds. REVIEW Staff has received requests from Mayor Pro Tern Nash for disbursement of City Council Discretionary Funds to the following: Health Quest in the amount of$ 200; Union County Crisis Assistance Ministry in the amount of$ 200; Monroe High Athletic Foundation in the amount of 100; Christian Family Care Home in the amount of$ 222; American Red Cross in the amount of 100 and Community Health Services in the amount of$ 100. Recipient Date Fiscal Impact Amount 07/ 01/ 14 Allocation FY 2015 Balance 3, 000 07/ 03/ 14 Discretionary Christian Family 300 2, 700 07/ 03/ 14 Dr MLK Jr. Committee Inc. 100 2, 600 07/ 03/ 14 Monroe High Athletic Foundation 600 2, 000 08/ 28/ 14 Pancreatic Cancer Action Network 50 1, 950 10/ 08/ 14 New Life 150 1, 800 11/ 14/ 14 American Red Cross 100 1, 700 11/ 26/ 14 Monroe High Athletic Foundation 300 1, 400 01/ 23/ 15 Christian 200 1, 200 Care Home Community Family Temple Care Home 57 of Faith 02/ 05/ 15 National League 02/ 16/ 15 Union 04/ 08/ 15 Pancreatic Cancer Action Network County of Cities Congress Branch NAACP # 5416 303 897 25 872 50> 922 Stop Payment Check Issued per Mayor Pro Tern Dottie Nash due to check never being cashed since August 2014) 04/ 14/ 15 Health Quest 04/ 14/ 15 Union 200 522 04/ 14/ 15 Monroe High Athletic Foundation 100 422 04/ 14/ 15 Christian 222 200 04/ 14/ 15 American Red Cross 100 100 04/ 14/ 15 Health 100 0 County 200 Crisis Assistance Family Community County, Inc. Ministry Care Home Services of Union 722 RECOMMENDATION There is no action required from Council. This item is for informational 58 purposes only. STAFF REPORT COF MONROE a heritage of progress TO: City Council VIA: E. L. Faison, City Manager DATE: May 5, 2015 FROM: Bridgette H. Robinson, City Clerk PREPARED BY: Bridgette H. Robinson, City Clerk SUBJECT: Disbursement of Fiscal Year 2014- 2015 City Council Discretionary Funds SUMMARY STATEMENT Notification of requests for disbursement of City Council Discretionary Funds. REVIEW Staff has received requests from Council Member Jordan for disbursement of City Council Discretionary Funds to East Elementary School in the amount of $200 and Union County Community Action, Inc. in the amount of$2, 800. Fiscal Impact Recipient Date Balance Amount 07/ 01/ 14 04/ 28/ 15 3, 000 Allocation FY 2015 Discretionary East Elementary School ( Live, Laugh and Paint Event) 04/ 30/ 15 Union County Community Action, Inc. 2, 800 200 0 2, 800 RECOMMENDATION There is no action required from Council. This item is for informational 59 purposes only. STAFF REPORT TO: City Council VIA: E.L. Faison, City Manager DATE: May 4, 2015 FROM: R. Christopher Platé, Executive Director of Economic Development PREPARED BY: Ron Mahle, Assistant Director of Economic Development SUBJECT: Amending Resolution 2015-15 to Identify Project LONESTAR Incentive Recipient as O’Neil Digital Solutions SUMMARY STATEMENT City Council is requested to amend Resolution 2015-15 to identify O’Neil Digital Solutions as the company that will receive the “Level IV Modified” Economic Development Grant award Council approved at its April 21, 2015 regular meeting. At the time of the public hearing the company was known as Confidential Company (Project LONESTAR). The Economic Development Grant is in an amount not to exceed $1,430,000 to induce capital investment of $140,000,000 by O’Neil Digital Solutions. REVIEW After published notice, Monroe City Council held a public hearing at its April 21, 2015, regular meeting to consider Project LONESTAR [a pseudonym for the company’s actual name] for a “Level 4 Modified” Economic Development Incentive Grant in an amount not to exceed $1,430,000 over a ten year period. At the same April 21, 2015, regular meeting, after conducting the public hearing, Monroe City Council approved Project LONESTAR for a “Level IV Modified” Economic Development Incentive Grant in an amount not to exceed $1,430,000 over a ten-year period and authorized the City Manager to approve the incentive agreement. Since that date, it has become public knowledge that the company referred to as Project LONESTAR is O’Neil Digital Solutions. This action amends the resolution approving the award of the incentive grant to make formally clear that the Monroe City Council’s April 21, 2015, action to approve this incentive grant for Project LONESTAR is in fact an action to approve the incentive grant for O’Neil Digital Solutions. 60 RECOMMENDATION Monroe-Union County Economic Development Staff is recommending that Monroe City Council amend Resolution 2015-15 to replace all references to Confidential Company (Project LONESTAR) or Project LONESTAR with O’Neil Digital. Attachment: Resolution R-2015-20 61 RESOLUTION OF MONROE CITY COUNCIL TO AMEND R-2015-15 TO IDENTIFY CONFIDENTIAL COMPANY “PROJECT LONESTAR” AS O’NEIL DIGITAL SOLUTIONS R-2015-20 WHEREAS, the City of Monroe has adopted an Economic Development Grant Program, hereinafter “Program”; and, WHEREAS, O’Neil Digital Solutions, under the pseudonym PROJECT LONESTAR, has duly applied for a Level IV “Modified” Economic Development Incentive Grant under said Program; and, WHEREAS, a public hearing was conducted by the City Council on April 21, 2015, at which hearing testimony was given by City of Monroe Economic Development Executive Director Chris Platé and a representative of O’Neil Digital Solutions; and, WHEREAS, at the time of the public hearing on April 21, 2015, the project required that the company’s name remain confidential and therefore was publicly referred to as Confidential Company PROJECT LONESTAR; and WHEREAS, City Council, on April 21, 2015, awarded Confidential Company (PROJECT LONESTAR) a Level IV “Modified” Economic Development Incentive Grant under the Program for an amount not to exceed One Million Four Hundred Thirty Thousand Dollars ($1,430,000) and paid over a ten-year grant period beginning in Fiscal Year 2017; and. WHEREAS, since April 21, 2015, it has become public knowledge that the company referred to as PROJECT LONESTAR is in fact O’Neil Digital Solutions; WHEREAS, in the judgment of the Monroe City Council that Resolution 2015-15 awarding the Level IV “Modified” Economic Development Incentive Grant should be amended to disclose the identity of the recipient company. NOW, THEREFORE, BE IT RESOLVED THAT Resolution 2015-15 is amended to identify the confidential company referred to as PROJECT LONESTAR, which was awarded a Level IV “Modified” Economic Development Incentive Grant on April 21, 2015, as O’Neil Digital Solutions. Adopted this 5th day of May, 2015. Attest: Bobby G. Kilgore, Mayor Bridgette H. Robinson, City Clerk Resolution R-2015-20 Page 1 of 2 62 Resolution R-2015-20 Page 2 of 2 63 CITY OF MONROE STAFF REPORT TO: Mayor and City Council Members VIA: E. L. Faison, City Manager DATE: May 5, 2015 FROM: Ronald D. Fowler, Fire Chief PREPARED BY: Sheila Couick, Administrative Assistant SUBJECT: Budget Amendment for Training Burn Building Repairs SUMMARY STATEMENT Staff requests approval of a budget amendment for repairs of a Fire Training Burn Building. REVIEW Monroe operates a joint Fire Training Center with Union County under terms of an Interlocal Agreement. Based on Section 4 of the Interlocal Agreement, Union County is responsible for one half of costs to replace burn panels at the facilities burn building. These burn panels are in current need of replacement. The total cost for repairs is expected to be $35,922, one half of which ($17,961) is available in the Fire Department’s budget. The attached budget amendment allocates the remaining $17,961 from undesignated fund balance so that the purchase order and contact may be executed to conduct the needed repairs. Following the repairs, Union County will be billed for the $17,921. Upon receipt, this amount will be reimbursed to the fund balance. RECOMMENDATION Staff recommends that Council approved the attached budget amendment designating $17,921 from undesignated fund balance to conduct these repairs, with the expectation that same will be reimbursed from Union County. Attachments: Budget Amendment BA-2015-06 Interlocal Agreement 64 BUDGET AMENDMENT BA-2015-06 1. Amendment necessary to provide funding and offsetting reimbursement for Union County’s share of the repair and maintenance of the fire training tower. General Fund: Revenues: Restricted Intergovernmental $17,961 Expenditures: Public Safety $17,961 Adopted this 5th day of May, 2015. Bobby G. Kilgore, Mayor Attest: Bridgette H. Robinson, City Clerk Budget Amendment BA-2015-06 Page 1 of 1 65 Prepared By: Return To: John R. Milliken, City Attorney City of Monroc, P.O. Boll. 69. Monroe. NC 2811l'()()69 NORTH CAROLINA .UNION COUNTY INTERLOCALAGREEMENT THIS AGREEMENT made and entered into this 29th day of October , 1999 by and between the CITY OF MONROE, a North Carolina Municipal Corporcttion, hereinafter referred to as "Monroe" and UNION COUNTY, a political subdivision of the State of North Carolina, hereinafter referred to as "Union". WIT N E SSE T H: THAT WHEREAS, Union contracts with the volunteer fire departments located in Union County for fire protection services for its citizens; and. WHEREAS, Monroe does operate a Fire Department which provides fue protection to its citizens; and, WHEREAS, Union is authorized to provide financial assistance to incorporated volunteer fire departments by §153A-233 ofthe North Carolina General Statutes; and WHEREAS, to enhance the training of all personnel involved in fire protection in both Monroe and Union it is necessary and desirable to construct a fire training tower; and, WHEREAS, Article 20, Chapter 160A ofNorth Carolina General Statutes authorizes units of local government to jointly exercise powers and functions through interlocal cooperation; and, WHEREAS, Monroe and Union pursuant to said statute have agreed upon the terms of an undertaking for the construction, operation, maintenance and use of a fire training tower as hereinafter set out; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: Section 1. Purpose: The purpose of this agreement is to further enhance the training of fire protection personnel, whether vo lunteer or hired, ofthe incorporated volunteer fire departments located in Union, the fire protection personnel ofUnion County, if any, and the fire protection personnel of Monroe by means of the construction, operation and maintenance of a fire tower. Not later than one (1) year from the date of this agreement, Monroe shall construct a fire tower in accordance with the plans and specifications set forth in Exhibit A, attached and incorporated herein by reference. Any modification to Exhibit A shall require the approval ofMonroe's Fire Chief and Union's Fire Marshal. Section 2. Duration: The duration of this agreement shall be thirty (30) years, which both Monroe and 1 66 Union found to be reasonabl,e; provided that (i) either party may tenninate this agreement without cause prior to Monroe>s execution ofa contract for construction upon fifteen (15) days written notice to the other party. and (il) Union may terminate this agreement following construction ofthe fire tower without cause upon not less than ninety (90) days written notice to Monroe. Ifthis agreement is terminated prior to execution of an agreement for construction of the flIe tower, then any amounts paid by Union to Monroe pursuant to this agreement shall be refunded. Section 3. Personnel: The personnel necessary to the execution of this undertaking shall be appointed in the following manner: Monroe's personnel shall be responsible for the operation and maintenance of the tower and support facilities. Section 4. Financing: The method offinancing this undertaking, including the apportionment ofcosts and revenues shall be as follows: The financing shall be by current appropriation. Union will pay for the construction and installation ofthe tower in an amount not to exceed $250,000.00. which amount will be paid to Monroe by Union within thirty (30) days of execution of this agreement. In the event the bid price exceeds $250,000.00. then Union and Monroe may either revise the scope of the project to come within the stated amount or agree on the manner in which the difference is to be paid. If they can't so agree. then either party may tenni.nate this agreement. If the bid price for installation and construction is less than $250,000.00, then Monroe shall refund to Union the amount of the difference. Monroe shall furnish the real property on which the rue tower will be constructed, as described in Exhibit B; a suitable foundation for the tower, as determined by the design engineer; site preparation; utility lines and connections to the tower, including water, electricity. and gas; electric and water easements; paved apron around the tower and paved access to the tower, both of sufficient construction to support routine use by fire vehicles; parking and restroom facilities; and rights-of-way in ingress and egress necessary for the undertaking. It is agreed that Monroe may charge a user fee to users exclusive ofMonroe, Union, and the volunteer departments, and said fees shall be used to defray the routine expenses ofoperating and maintaining the facility. Monroe's authority to allow such use shall be as qualified in Section 6. The routine cost ofmaintenance and repair ofthe facilities shall be borne by Monroe. It is understood that an essential part of the fire training tower consists of burn panels, which normally have to be replaced every ten (l0) years. Presently. the replacement of the panels wouLd cost between $35,000.00 and $40,000.00. It is agreed that Monroe and Union will each pay one halfofthe expense ofreplacing the bum panels as needed throughout the duration of this agreement. 2 67 Section 5. Formula for Ownership: The fonnula for ownership ofthe real property involved in this undertaking, and the procedure for the disposition ofsuch property when the contract ofagreement expires or is terminated is as follows: The title to the reat property shaH remain in Monroe subject to the rights orUnion as provided herein and at the expiration of the tenn aU im~rovements shall become the property of Monroe free and clear of any claim by Umon. Section 6. Scheduling: The scheduling of the use of the fire tower shall be accomplished in the following manner: Union and Monroe shall have joint access to the frre tower with periods ofusage as described below. Union shall have exclusive use ofthe fire tower on (i) weekends, (ii) weekdays between 5:00 PM and 8:00 AM, and (iii) on holidays. Monroe shall have exclusive use of the fire tower on weekdays between 8:00 AM and 5:00 PM. With such formality as deemed appropriate by the Fire Marshal and Fire Chief, either party may request consent for use during the other party's period of exclusive use, which consent shall not be unreasonably withheld. Access to and use of the fire tower by third parties, excluding volunteer fire departments, shall be subject to approval by both Union's Fire Marshal and Monroe's Fire Chief. rfuse by a third party is approved by both the Fire Marshal and Fire Chief, Monroe may charge a user fee to such third party and such fee shall be used to defray the costs of recurring expenses for maintaining the tower. Keys to the fire tower shall be maintained as agreed by the Fire Marshal and Fire Chief and in such manner as to enable ready access by both parties during their respective periods ofexclusive use. Section 7. Amendments: This agreement may be amended in writing duly authorized by the governing bodies of both Monroe and Union and executed by the appropriate officials ofboth. Section 8. Provisions for Casualty Insurance: Monroe. being the owner of the facility, may purchase casualty insurance for the facility as it deems appropriate. Whether or not Monroe has purchased casualty or builder's risk insurance, in the event the fire tower is partially or totally damaged or destroyed by casualty. Monroe shall be responsible for promptly restoring the fire tower to its condition immediately prior to such damage or destruction. Section 9. Provisions for Liability Insurance: Monroe and Union shall make whatever individual arrangements for liability insurance pertaining to the undertaking as their respective governing bodies determine in their 80]e discretion. Prior to allowing use of the fire tower by a volunteer fire department, Union shall require that such department maintain comprehensive general liability insurance with 3 68 an insurance company authorized to do business in North Carolina in an amount not less than one million dollars ($1,000,000) combined single limit for bodily injury and property damage. Union and Monroe shall be named as additional insureds under this policy. Union shall require that the volunteer fire departments provide annual certificates ofinsurance indicating such coverage~ and Union sha11 provide copies of such certi ficates to Monroe upon request. Section 10. Provisions for Worker's Compensation: Any user oftho fire tower facilities shall comply with the North Carolina Workers' Compensation Act. For the purpose ofthis agreement, any injured person shall be deemed to be the employee of the organization with which he or she is affiliated; provided that personnel ofthe volunteer fire departments, whether volunteer or hired, shall not be considered to be employees orUnion. Section 11. Provisions for Hold Hannless: Monroe and Union shall execute hold harmless agreements indemnifying the other for any liability incurred due to the actionable acts or omissions of the agents or employees of the indemnifying party. Before a volunteer fire department shall have use ofthe facility. Union shall require that the department execute a hold harmless agreement with Union and Monroe in the form indicated on Exhibit C, attached and incorporated herein by reference. Section 12. Provisions for Safety Regulations: All users of the fire tower facilities shall comply with all laws, regulations and standards pertaining to training and training facilities which are established by the State of North Carolina, the Occupational Safety and Health Administration, the National Fire Protection Association and other applicable agencies. All training shall be conducted by instructors who are certified by the North Carolina Fire and Rescue Commission for the type of training being conducted. The Fire Marshal and Fire Chief mayjointly agree upon additional safety regulations to be observed during any use ofthe tower facilities. Continued violations ofthese safety regulations after notice can result in the loss of the privileges to use the facility. Section t3. Provisions for Security: The security ofthe Fire Training Facility shall be the responsibility ofMonroe which will have the right to prescribe in its sole discretion rules and regulations which it deems necessary to properly secure the facility. Section 14. Utility Charges: Monroe will be responsible for paying any charges for uti1ity services in connection with the fire training tower. 4 69 Section 15. Perfonnance in Accordance with Applicable Law: In performing the services pursuant to this agreement, Union and Monroe shall comply with all laws, rules. regulations, ordinances, codes, standards, and orders of any and all governmental bodies, agencies, authorities; and courts baving jurisdiction. IN WITNESS WHEREOF, each of the parties to this agreement has caused the same to be executed in the day and year first above written. ATTEST: CITY OF MONROE (seal) ATTEST: ~.uVtAJ_~« BaraMoore. CleriCtOti1eifoard UNION COUNTY ~: ~tt~ County Manager BY: Gary AI Smoak (seal) This Instrument Has Been ?reaudlted In Tha Manner Required By The local Government Bud dFiscal 01 Act 5 70 STATE OF NORTH CAROLINA UNION COUNTY STATE OF NORTH CAROLINA UNION COUNTY I, Lynn G. West , notary public, in and for said County and State, do bereby certify that Barbara W. Moore, with whom I am personally acquainted, who being by me duty sworn, says that she is the Clerk to the Union County Board ofCommissioners and that Paul Standridge is Chairman of the Board of County Commissioners for Union County; that she knows the common seal ofsaid County, and the name ofthe County was subscribed thereto and said common seal was affixed. all by order of the Board ofCounty Commissioners for Union County and that the said instrument is the act and deed of said County. Witness my hand and official seal, this the 29th. day of October ~ tl.t4£:. No PublIC ,1999. (SEAL) My Commission Expires: 2/5/2003 STATE OF NORTH CAROLINA UNION COUNTY The foregoing certificates of , Notary ;:::Pu·b;"';l."....ic-s-o";'r-sa"""'id."....C=--ou-n'Cti-:-e-s,-ar-e-c-e-rt"'ifi;;;-led----,--,t-o."....b-e-co-rr-e-c~t.·Thi=-:·-s..-ins--:-trum--en....,t-w-as-p-res-en....,t-ea ...... fo-r-re-gistration this day and hour and duly recorded in the office ofthe register of Deeds of Union County, North CaroJina in Book _ _, page _ _. Thisthe _ _ dayof _ _ _ _ _ _, 1999,at ___ o'clock .M. By:_ _ _ _ _ _ _ _ _ _ __ 6 71 EXHIBIT A Fire Training Tower Basic Design Tower o o o a o o o o Four story tower with flat roof, approximate size 2S'L x 22'W x 40'H Steel structure with metal siding Interior stairs to fourth floor Interior fixed ladder: fourth floor to roof (10) 3' X 4' Window openings with steel shutters (1 ) 3' x "Exterior metal door (1 ) 3' x " Interior metal door Parapet roof guard with gated opening Burn Room o o a o o o One story with slope roof, approximate size 14'L x 22'W x lOtH Steel structure with metal siding (3) 3' x 4' Window openings with steel shutters (1) 3' x 7' Exterior metal door (2) Temperature monitoring systems (4 probes) Roof chop out panel for ventilation practice Foundation o As needed as detennined by design engineer Options Q Q Q Q o o o o (Individual options to be mutually determined between Monroe Fire Chief and Union County Fire Marshal based on option cost versus total facility cost) (4) Rappelling rings Sprinkler system first floor Standpipe system all floors with fire department connection Extenor stairs to second floor Elevator shaft Balcony with door to second floor Caged ladder Sloped floors with drains 7 72 El(Hlen· a ~ CITY OF MONROE ENGINEERING DEPARTMENT FIRE DEPARTMENT TRAINING SITE :::"''''':lY VICINITY MAP .... .,., "" u.s. 73 PROPOSED lOCAnON MAP SCALE tfORIZ •• 'IIERT STAFF REPORT TO: City Council VIA: E.L. Faison, City Manager DATE: May 5, 2015 FROM: Lisa Stiwinter, Planning Director FROM: Doug Britt, Senior Planner SUBJECT: Zoning Map Amendment request for property located at 100 Broome Street SUMMARY STATEMENT The City Council is requested to consider a zoning map amendment request by Mr. Ray Moser for the property located at 100 Broome Street from General Industrial (GI) to Conditional District (CD) “100 Broome Street”. REVIEW The applicant is requesting a zoning map amendment from General Industrial (GI) to CD “100 Broome Street” in order to allow for automotive uses as well as all uses allowed within the General Industrial (GI) zoning district for the property located at 100 Broome Street. The property is currently improved with two buildings totaling 4,400 square feet. No physical changes to the existing buildings, parking lot, or site are being proposed. AREA CHARACTERISTICS Adjoining Land Uses and Zoning District North East South West Existing Uses Business Business Business Business Zoning District General Industrial General Industrial General Industrial General Industrial 74 REQUIREMENTS Density & Dimensional Standards The applicant is proposing no changes to the site and all setbacks are satisfied. Parking The applicant is proposing no new parking or vehicle circulation areas on the site. The existing parking and vehicle circulation areas are surfaced with gravel. The applicant is proposing no changes to the surface materials of the parking and vehicle circulation areas. Landscaping No additional landscaping is being proposed for the site. LAND DEVELOMENT PLAN CONSISTENCY The Land Development Plan indicates that the future land use of the property is Heavy Industrial. Planning staff is of the opinion that the proposal is consistent with the Land Development Plan. PUBLIC NOTIFICATION The following public notification actions have been taken: A rezoning notification sign was posted on the property on April 24, 2014. A rezoning notification letter was sent to the adjacent property owners located within at least 150 feet of the property on April 24, 2014. Neighborhood Notification/Meeting All property owners within 150 feet of the property were notified of the proposal by letter on March 16, 2015. At this time staff has not received any questions about the proposal from surrounding property owners. RECOMMENDATION Planning Board recommends approval of Conditional District “100 Broome Street”. Attachment(s): Ortho Map Zoning Map Site Plan R-2015-16 75 Prepared: 4-18-15 76 T ES OM BR O Ortho Map City_clr.tif NS Legend EC RE Centerlines ST AV MONROE.parcels E Existing: General Industrial (GI) NS T SS Acres: .77 EC SI M O PS Proposed: Conditional District 100 Broome Street RE ST AV . E 0 1530 77 60 90 Feet BR O O T ME S Zoning Map Legend City_clr.tif Centerlines MONROE.parcels MONROE.zoning_districts Code G-I NS EC RE Existing: General Industrial (GI) ST AV E Proposed: Conditional District 100 Broome Street EC RE . ST AV P ST SS SI M N SO Acres: .77 E 0 25 50 78 100 150 Feet 79 CITY OF MONROE RESOLUTION OF LAND DEVELOPMENT PLAN COMPLIANCE R-2015-16 CONDITIONAL DISTRICT “100 Broome Street” WHEREAS, in accordance with the provisions of North Carolina General Statute 160A383, the City Council does hereby find and determine that the adoption of the zoning map amendment for Conditional District “100 Broome Street” further described below property is consistent with the adopted Land Development Plan and that the approval of the zoning map amendment for the following described property is reasonable and in the public interest due to its consistency with the Land Development Plan and, as a result, its furtherance of the goals and objectives of the Land Development Plan. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Monroe approves the zoning map amendment for property with Union County Tax Parcel Number: 09118-011 Adopted this 5th day of May, 2015 ________________________________________ Bobby G. Kilgore, Mayor Attest: _____________________________________________ Bridgette H. Robinson, City Clerk 80 STAFF REPORT TO: City Council VIA: E.L. Faison, City Manager DATE: May 5, 2015 FROM: Lisa Stiwinter, Planning Director FROM: Doug Britt, Senior Planner SUBJECT: Zoning Map Amendment request for property located at 806 Circle Drive SUMMARY STATEMENT The City Council is requested to consider a zoning map amendment request by ETC Partnership for the property located at 806 Circle Drive from Office Transitional (OT) to Conditional District (CD) “ETC Crematorium”. REVIEW The applicant is requesting a zoning map amendment from Office Transitional (OT) to CD “ETC Crematorium” in order to operate a funeral planning/crematorium service on the property located at 806 Circle Drive. The subject property is a total of 0.95 acres. The site currently contains an existing 2,600 square ft. building and a paved parking lot. If approved the applicant will be constructing a 500 square ft. addition to the rear of the building to house the cremation chamber. AREA CHARACTERISTICS Adjoining Land Uses and Zoning District North East South West Existing Uses Vacant Business Business Vacant Zoning District Office Transitional (OT) Office Transitional (OT) Office Transitional (OT) Office Transitional (OT) 81 REQUIREMENTS Density & Dimensional Standards The applicant is proposing a 500 square ft. addition to the rear of the building to house the cremation chamber. All required setbacks will be satisfied for the site. Parking The applicant is proposing no new significant parking or vehicle circulation areas on the site. The existing parking and vehicle circulation areas are surfaced with asphalt. The applicant is proposing no changes to the surface materials of the parking and vehicle circulation areas. Landscaping No additional landscaping is being proposed for the site. LAND DEVELOMENT PLAN CONSISTENCY The Land Development Plan indicates that the future land use of the property is Medical Office. Planning staff is of the opinion the proposal is consistent with the Land Development Plan. PUBLIC NOTIFICATION The following public notification actions have been taken: A rezoning notification sign was posted on the property on April 24, 2014. A rezoning notification letter was sent to the adjacent property owners located within at least 150 feet of the property on April 24, 2014. Neighborhood Notification/Meeting All property owners within 150 feet of the property were notified of the proposal by letter on March 16, 2015. At this time staff has not received any questions about the proposal from surrounding property owners. RECOMMENDATION Planning Board recommends approval of Conditional District “ETC Crematorium”. Attachment(s): Ortho Map Zoning Map Site Plan R-2015-17 Prepared: 4-18-15 82 DR ST RK ST E ES DE Ortho Map City_clr.tif Legend RK DR Centerlines ST PA MONROE.parcels EA IN PA KL T AN ES FR W E Existing: Office Transitional (OT) CIR CL ED R Proposed: Conditional District ETC Crematorium Acres: .95 . 0 25 50 100 150 Feet 83 ST E ES DE EF RA NK LI N ST Zoning Map City_clr.tif Legend Centerlines MONROE.parcels City Limits MONROE.zoning_districts Code CIR R-20 CL R-10 ED OT R Existing: Office Transitional (OT) Proposed: Conditional District ETC Crematorium Acres: .95 . 0 20 40 84 80 120 Feet 85 CITY OF MONROE RESOLUTION OF LAND DEVELOPMENT PLAN COMPLIANCE R-2015-17 CONDITIONAL DISTRICT “ETC Crematorium” WHEREAS, in accordance with the provisions of North Carolina General Statute 160A383, the City Council does hereby find and determine that the adoption of the zoning map amendment for Conditional District “ETC Crematorium” further described below property is consistent with the adopted Land Development Plan and that the approval of the zoning map amendment for the following described property is reasonable and in the public interest due to its consistency with the Land Development Plan and, as a result, its furtherance of the goals and objectives of the Land Development Plan. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Monroe approves the zoning map amendment for property with Union County Tax Parcel Number: 09195-010-B Adopted this 5th day of May, 2015 ________________________________________ Bobby G. Kilgore, Mayor Attest: _____________________________________________ Bridgette H. Robinson, City Clerk 86 CITY OF MONROE P. O. BOX 69— MONROE, NC 28111- 0069 CITY OF PHONE 704- 282- 4500 MONROE FAX 704- 283- 9098 a heritage of progress May 1, 2015 Dear Honorable Mayor and City Council: This letter hereby transmits the proposed Budget for the Fiscal Year Ending 2016 to the Mayor and City Council of the City of Monroe. The preparation of the annual budget is one of the major responsibilities conferred by law upon city managers in North Carolina. City staff has thoughtfully sought to assist in this responsibility of quantifying the cost of service delivery focusing on the most urgent of those requirements. In developing the City' s spending plan to affect services and operations a number of principles were used during the conceptualization of this Recommended Budget: Realistic assumptions for revenue and expenditure estimates that matched reoccurring revenues with expenditures, as a basis of budget recommendations; Strategies sought to balance citizen interests for public safety, staff views on facility sustainment, and employee wellbeing without placing additional financial burdens on our citizenry, merchants, and industry; Preserving Fund Balance for future capital outlays, improvements, and contingencies. The major resourcing challenges driving this budget planning and expenditure reconciliation process were: c Improving the competitive elements of employee compensation, in terms of wages and benefits; Capital Outlays and/ or Debt Service for public safety and recreation; Deferral of major facility projects or acquisitions related to Public Safety, Downtown, Airport and for Industrial recruitment; X Sustaining the City' s Ad Valorem Tax Rate following Union County' s Revaluation and mitigating Legislative initiatives that Privilege License Tax. reduced 87 resources by 2. 6% via elimination of the The Manager' s Recommended Budget increases by approximately 4. 7%, with General Fund increasing by 8. 1% and Enterprise Funds budget increasing budgets. This spending plan does include a REVENUE by NEUTRAL Property Tax rate of$0. 5863 cents, the current rate is$ 0. 555 cents and the municipal tax district' s REVENUE NEUTRAL Property Tax rate is $ 0.219 cents, and the current rate is budget ( including 3. 2 % 0. 20 over cents. following a subsidized funds) their current year Declaration of the revenue neutral tax rate is required pursuant to NCGS 159- 11, revaluation of real county property which was performed in 2014- 15. Other fee and rate revisions are summarized in the respective sections of this Message. The Governing Body possesses the great responsibility of being stewards of City funds as well as ensuring policies are implemented that fosters a vibrant and healthy community. Your direction sets the tone for how the City may progress and in collaboration with our management team and your feedback, a clear set of priorities that can be fulfilled. The budget encompasses a number of recommendations that will foster work force stability, address the more prolific deferred maintenance challenges, and deploy projects that enhance our community. GENERAL FUND The City is enthusiastically pursuing all avenues to beautify our community. Beautification plans provided in this budget include the purchase of the fourth segment of U. S. 74 tree and flower plantings and the continuation of the implementation of the downtown master plan by providing funding for three more decorative crosswalks and sidewalk construction on Hayne Street. Also included is continuing funding for the demolition of dilapidated housing and greenway capital improvements. Funding is set aside to update the City' s Unified Development Ordinance and land use updates as well as to purchase land options for a future industrial area— Industrial Park# 3. Improving existing facilities is priority and the proposed FY 2016 budget addresses many deferred maintenance issues. The much-needed resurfacing of several parking lots at City facilities and the replacement of the roof at the Park Maintenance Building on Franklin Street are included in the proposed budget. Funding has also been included for sidewalk maintenance to begin needed repairs of unsafe areas. The proposed budget will provide comprehensive improvements at Belk Tonawanda Park and will provide funding to replace the ball field lights at Don Griffin Park. This year will mark the first of three years of cart path resurfacing at the City' s golf course and will also upgrade the irrigation control system. City employees continue to remain our single greatest asset. I have proposed the reinstatement of merit program with an average 1. 5% increase and have also included funding for a pay plan assessment to be completed in summer to late fall. Phase I of implementation funding to make recommended market adjustments is also included. City Council has already approved the of a 3% funding cost of living increase and level funding for the City' s self-insurance program. the New General Fund positions Recreation Coordinator. These time HVAC Specialist include a part- time Accounting positions are needed as part of a has been included in the budget to 88 bring Technician, and a full-time restructuring initiative. A full- the maintenance and repair of the City' s air conditioning systems throughout all facilities in-house. Evaluation of this service shows that it can be accomplished more efficiently with the addition of a skilled technician. The budget for the maintenance portion of this service has been removed as an offset to the total cost. The total General Fund budget is$ 33, 753, 512. This proposed FY 2016 budget addresses increased utility and material costs. It includes all of the proposals mentioned above without an increase in the ad valorem property tax rate. It is however recommended that we adjust our tax rate from .555 cents to . 5863 cents to remain revenue neutral. A small increase to building permit fees and to non-resident senior recreation center fees are proposed to help offset the cost of providing services to customers. The budget being recommended has been balanced through the strategic use of unassigned fund balance, current revenues and an installment financing to fund the replacement of fire apparatus. MONROE AQUATICS AND FITNESS CENTER FUND The budget for the Aquatics proposed and Fitness Center Fund for FY 2016 is $ 3, 740, 100. The Center was added to enhance the quality of life in Monroe by offering activities that can be enjoyed by families in our community and will celebrate its anniversary in May. In an effort to keep this building looking fresh and inviting, ongoing maintenance is a priority and has been 17th programmed. Renovations for the main sign for the center and water park pool floor resurfacing are scheduled for FY 2016. Other items include replacement of the tile in the steam room and routine replacement of fitness equipment. WATER AND SEWER FUND The proposed budget for the Water and Sewer Fund for FY 2016 is $ 15, 952, 607. The City has committed to a financial plan that allows for small increases in the water and sewer rates to accumulate adequate funding for future capital projects to maintain adequate capacity for its current and future customers. The FY 2016 budget includes a 2% water and sewer rate increase as part of this financial plan. A new Construction Inspector position is proposed in the budget in order to ensure quality standards are met as infrastructure repairs and installation work is being completed. This position will also allow expanded inspection coverage for vegetative buffer program and expanded infrastructure renewal programs. Water Capital Improvements: The City' s current capacity of 11. 0 MGD, plus the Catawba Water Supply of 1. 99 MGD, is expected to meet anticipated demands until 2030, assuming a 1. 5 percent annual growth rate. The City' s capital improvement plan includes funding for the future YadkinPeeDee water supply partnership in 2022. This new water supply is anticipated to be available prior to 2030. Phase I of improvements for the City' s portion of the Union County Catawba Water Treatment Plant improvements to increase reliability are included in this budget. Sewer Capital Improvements: The City' s WWTP capacity is projected to serve the City' s needs until 2030 at an annual 1. 5 percent growth rate. An expansion plan is in place to ensure that added capacity can be made available prior to 2030. Two 89 of the three existing aeration blowers are budgeted to be replaced at Wastewater Treatment Plant. City' s the This will ensure continued reliable plant aeration operations. Infrastructure Renewal: Significant efforts are underway to renew our existing infrastructure. A strategic plan was launched in FY 2014 to repair and replace old and deteriorated segments of the water distribution and sewer collection system to ensure system viability. The proposed budget includes funding to continue this program. ELECTRIC FUND The proposed 2016 budget budget for the Electric Fund for FY 2016 is $ 64, 178, 832. Electric rates for the FY year are proposed funded to improve the to power the remain Line extension projects are proposed to be same. transfer capability between The City has been substations. converting the 4 kilovolt electric system to a new 13. 2 kilovolt system for several years. Funding is included to convert the one remaining 4 kilovolt substation. The new 13. 2 kilovolt system is much more reliable and provides multiple redundant feeders that can support the load in the event of an equipment failure. The proposed budget includes the addition of two substation technicians who will be primarily responsible for maintenance of electric substations. With new technology, it has become necessary to have technicians that specialize in this particular discipline. These skilled positions will provide reliability and efficiency to the electric A part-time Administrative Assistant is also system. proposed to assist with answering the phones and other administrative duties. NATURAL GAS FUND The proposed budget for the Natural Gas Fund for FY 2016 is $ 20, 470, 961. Natural gas rates are adjusted monthly to reflect the increases/ decreases in the actual cost of natural gas. The margin is budgeted to remain the same in FY2016. The natural gas system continues to expand to serve additional customers to gain additional sale volumes and help offset any future increases in margins. Proposed capital improvements include system reinforcement projects to resolve weak portions of the natural gas system and increase the operating pressures in the lines as required by federal regulations. The proposed budget also includes the addition of a Utility Locator. This position will help our utility meet federal and state requirements for accurately marking utilities in a timely manner. This position will also focus on improving current maps and records. STORMWATER FUND The proposed budget for the Stormwater Fund for FY 2016 is $ 2, 259, 408. The Stormwater Department' s goal is to maintain and revitalize the drainage system on both public and private property in Monroe. strong public Other efforts focus on maintaining and improving water quality and include education programs that reach out to our schools and neighborhoods. As recommended by the drainage study in the Quail Drive/Oak Hill Drive area, the replacement of the rate culvert under increases Oak Hill Drive is proposed proposed to be in this budget. 90 funded for FY 2016. There are no stormwater AIRPORT FUND The budget for the Airport Fund for FY 2016 is $ 3, 833, 220. proposed The Charlotte- Monroe Executive Airport will be operating a full year of the new International Terminal Building Customs) in FY 2016. Funding is proposed to refurbish the 15, 000 gallon fuel tank at the airport. The focus continues to be on expanding operations of the airport and reducing the operating deficit by increasing efficiency of the operations and attracting fixed-base aircraft. SOLID WASTE FUND The proposed budget for the Solid Waste Fund for FY 2016 is $ 2, 422, 965. The solid waste fund covers the cost of trash pickup both downtown and along the City' s right-of-ways. A solid waste rate increase for residential rates from $ 17. 25 per month to $ 18. 25 per month is proposed in this budget. This increase is to offset the cost of increasing the current service level of every other week bulk item pickup to weekly pickup. SELF-INSURANCE FUNDS The City maintains three Health & Dental. The increase to either the self-insurance proposed funds: Worker' s Compensation, Property & Casualty and budget for the Health & Dental Insurance Fund recommends no employer or employee premium contributions for the upcoming year. The benefit level will also remain unchanged; however the City does need to anticipate the Excise Tax pursuant to Section 9001 of the ACA, which levy' s a tax of 40% on the excess benefit above 10, 200 for self—only coverage health care plans, effective 2018. The proposed budget for the Workers' Compensation Fund for FY 2016 includes an increase in contributions of$350, 000 that has been allocated to all departments. This contribution will restore the fund balance in this fund that has been utilized for large claimants to the desired reserve level. The City has also been funding post- employment benefit costs for retirees as the expenses have been incurred. projected The annual required contribution, as calculated by an actuary, represents the At this time, no funding is required to fund normal costs each year. amount recommended for GASB 45 post- employment benefits. CONCLUSION I look forward to continuing our dialogue on this fiscal plan and I along with our staff will work diligently throughout the remainder of the budget process to achieve the Mayor and City Councils priorities for the upcoming fiscal year. Respectfully, 2_-s-, a E. L. Faison, City ____, Manager 91 STAFF REPORT TO: City Council VIA: E.L. Faison, City Manager DATE: May 5, 2015 FROM: Lisa Stiwinter, Planning Director PREPARED BY: Lisa Stiwinter, Planning Director SUBJECT: Amendment to Solid Waste and Recyclables Collection and Disposal Specifications Agreement between City of Monroe and Waste Pro of North Carolina, Inc. SUMMARY STATEMENT City Council is requested to consider an amendment to the existing Solid Waste and Recyclables Collection and Disposal Specifications Agreement between the City of Monroe and Waste Pro to provide bulky waste collection to all residents for the month of May and June free of charge and approve the necessary budget amendment. REVIEW In October 2012, the City of Monroe entered into a Solid Waste and Recyclables Collection and Disposal Specifications Agreement with Waste Pro in order to provide solid waste services to City residents that consists of garbage, recycling, bulky, white goods and yard waste collection. Prior to 2012, the City provided bulky waste collection to all residents every week on the same day as their garbage collection. As a negotiation tool to reduce the overall cost of the Solid Waste and Recyclables Collection and Disposal Specifications Agreement with Waste Pro, the City opted to provide bulky waste collection on an every other week basis through Waste Pro. The City has experienced numerous problems with every other week bulky waste collection that has resulted in bulky waste being left at the curb for weeks at a time for collection. Staff believes that two scenarios have contributed to the problem: 1) residents tend to get confused regarding their bulky waste collection week, and 2) high turnover of tenants in rental properties. 92 According to the 2010 Census data, over 45% of the City’s residential properties are rental. Rental properties tend to have a high turnover rate therefore people are constantly moving in and out leaving bulky pick-up at the curb for weeks. Bulky waste being left at the curb for weeks at a time has led to unsightly and unsanitary conditions throughout the City. Due to the unsightly and unsanitary conditions regarding bulky waste collection, staff is proposing to provide bulky waste collection to all residents every week on the same day as their garbage collection free of charge for the month of May and June. In order to provide bulky waste collection to all residents every week a budget amendment is required in the amount of $20,000. RECOMMENDATION Staff requests that Council approve the amendment to the Solid Waste and Recyclables Collection and Disposal Specifications Agreement with Waste Pro to provide bulky waste collection to all residents every week for the month of May and June with authority to the City Manager to sign the amended Agreement and adopt a Budget Amendment in the amount of $20,000 to cover the cost of every week bulky collection for the month May and June. Attachment: Budget Amendment BA-2015-16 93 CITY OF MONROE BUDGET AMENDMENT BA-2015-16 1. Amendment necessary to provide funding for increase in service level. Changing bulk item pickup from every other week to weekly. Solid Waste Fund: Revenues: Appropriation from Fund Balance $20,000 Expenditures: Solid Waste Operations $20,000 Adopted this the 5th day of May 2015. ______________________________ Bobby G. Kilgore, Mayor Attest: __________________________________ Bridgette H. Robinson, City Clerk 94 STAFF REPORT TO: City Council VIA: E.L. Faison, City Manager DATE: May 5, 2015 FROM: Bridgette H. Robinson, City Clerk PREPARED BY: Sherry K. Hicks, Deputy City Clerk SUBJECT: Public Comment Period SUMMARY STATEMENT The Public Comment Period is set aside to receive comment from the Public in accordance with North Carolina General Statutes. REVIEW RULES GOVERNING THE PUBLIC COMMENT PERIOD DURING REGULAR CITY COUNCIL MEETINGS 1. A Public Comment Period shall be placed on the agenda of each regular City Council meeting. Said agenda item shall occur at the end of the agenda but before any closed session held at the end of the meeting. 2. Each person desiring to speak during the Public Comment Period shall sign up to speak prior to the start of the meeting on the form provided by listing his or her name and the topic on which he or she will speak. 3. A total time of thirty (30) minutes will be allotted for the Public Comment Period at the end of which those who signed up to speak may be requested to hold their comment until the next regular Public Comment Period during which they will be given priority for comment. Council, in its discretion, may extend the time allotted for Public Comment. 95 4. Each speaker shall be allotted up to three (3) minutes to speak which shall be strictly observed unless otherwise extended at the discretion of the Council. 5. Speakers shall at all times maintain proper decorum and shall make their comments in a civil manner. Speakers shall remain at the podium to make comments and not approach Council or staff without the express invitation of the Mayor or presiding officer. 6. At the request of Council, groups of persons supporting or opposing the same positions may be asked to designate a spokesperson to speak. 7. Speakers shall not speak on any topic which is the subject of a public hearing on the same agenda. 8. Council should refrain from engaging in a dialogue with speakers except to the extent necessary to clarify the speaker’s position. 9. Council shall not restrict the subject matter of any comment based on content in any way except as provided herein. 96 STAFF REPORT TO: City Council VIA: E.L. Faison, City Manager DATE: May 5, 2015 FROM: Bridgette H. Robinson, City Clerk PREPARED BY: Bridgette H. Robinson, City Clerk SUBJECT: Closed Session pursuant to N.C.G.S. §143-318.11(a)(6) SUMMARY STATEMENT Council is asked to approve a motion to go into closed session for the purpose of discussing personnel. REVIEW In accordance with N.C.G.S. §143-318.11(a)(6), City Council is permitted to hold a Closed Session to consider the qualifications, competence, performance, condition of appointment of a public officer or employee or prospective public officer or employee. RECOMMENDATION Council approve a motion to go into Closed Session pursuant to N.C.G.S. §143-318.11(a)(6). 97