
City receives $200,000
from KM ABC Board
(December 2, 2020 Issue)
By Loretta Cozart
During the November 24 city council meeting, Mayor Scott Neisler announced that Kings Mountain’s ABC Board awarded the city a check for $200,000, which came from a surplus in the ABC board’s funds. “These funds allow us to do what we really want to do,” Neisler said.
In the Consent Agenda, city council unanimously approved budget amendments that included $90,000 for an outdoor video screen to be installed in Patriots Park and $85,000 for Library window restoration and plaster repair. A restricted contribution from the ABC Board will be utilized to pay for these improvements.
An additional $15,000 was used to fund Feed the Children this year, which provides $75,000 in non-perishable food items to area families in need during the Christmas season.
Other items in the consent agenda included:
$40,000 to budget Grant Funds for YMCA Wifi ($15,000) and Patriots Park Wifi ($25,000). These funds are restricted specifically for these projects. Council approval is required because it increases the General Fund.
$9,500 to budget funds received and to budget a capital expenditure for an ATV. The funds are a restricted contribution from the ABC Board to be utilized specifically by the Police Department to purchase an ATV/side by side.
City council also adopted a Resolution clarifying the role of the Planning and Zoning Board in deliberations on zoning text amendments, rezoning requests, and zoning map amendments. This action eliminates the public hearing before the Planning and Zoning Board for the aforementioned types of cases and require only one public hearing before City Council.
Coucil also approved a Downtown Kings Mountain Façade Grant Application $200,000 the amount of $5,000 for 100 E. King Street, which is owned by Kiamesha Young, for the purpose of façade repairs, rehabilitation, and renovations.
Six public hearings were scheduled for December 15 at 6 pm at City Hall:
• to consider the approval of a Mural Ordinance for the Kings Mountain Downtown Protection, Preservation & Enhancement District (KMDPPE).
• to consider a text amendment to the Zoning Table of Permitted Uses, and Definitions pertaining to Existing “Single Family Dwellings” in the Neighborhood Business (NB) Zoning District.
• for an amendment to the Incentive Agreement for Benestar Brands.
• to consider a Utility Incentive Agreement with Benestar Brands.
• to consider a request from Let’s Roll Holdings, LLC to rezone property consisting of approximately 82.73 acres on Dixon School Road and being further described as a portion of Parcel #11598, Map 4-39, Block 1, Lot 10, from R-20 (Residential) to Conditional Use R6-PUD (Planned Unit Development) – Case No. Z-1-9-2020.
• to consider a request from E5 Holdings, LLC to rezone property consisting of approximately 17.11 acres on Dixon School Road and being further described as Parcel #63027, Map 4-41, Block 1, Lot 16, from HI (Heavy Industrial) to GB (General Business) – Case No. Z-3-10-20.
City council pproved the following appointments and reappointments to the Boards and Commissions listed below:
Board of Adjustment
• Jim Potter – reappointed for a 3-year term expiring on 12/31/2023.
• Bill McMurray – reappointed for a 3-year term expiring on 12/31/2023.
Planning & Zoning Board
• Ron Humphries – reappointed for a 3-year term expiring on 12/31/2023.
• Ronnie Franks – reappointed for a 3-year term expiring on 12/31/2023.
• Clifton Bouldin – initial appointment for a 3-year term expiring on 12/31/2023.
• Maury Williams – extend temporary appointment for six months in order to assist with the Comprehensive Plan and UDO – term to expire 6/30/2021.
Mayor Neisler addressed the topic of term limits in response to Tim Greene’s request during last month’s city council meeting. The mayor reached out to League of Municipalities and received a reply stating, “In NC, enacting term limits would not withstand a constitutional challenge. This is because NC Constitution sets forth the requirements for who can run for office and that list of requirements is exclusive. Any additional qualifications, such as term limits, would be deemed unconstitutional.”
City attorney Mickey Corry agreed saying, “Some years back there was a question about creating term limits for the council. The answer then, and the answer now, is that it is not lawful in our state.”
During the citizen recognition, Mayor Neisler said to Greene, “I hope these responses clarify this for you.’ In response, Greene told council, “It (the response) clarifies but doesn’t satisfy. If Tim Moore, one of the most powerful Republicans in the state, can get it to where the School Board is partisan, then he can change the (state) constitution, too, adding amendments to reflect term limits.”
“My goal is transparency. There are several of us who owe Chip Sloan an apology,” Greene said with regard to the new Brunch Bill which allows alcohol to be served at 10 am on Sunday that was enacted by city council during the October meeting. “We should have called him, letting him know about the 10 am issue for ABC. We have to restore the trust in the citizens of this community, the state of NC, and the federal government.”
Two public hearings were held during the city council meeting. Both cases were approved by the Planning and Zoning Board.
City council approved a request from Matt Bailey and Patricia C. Queen to rezone property located on North Cansler Street containing .366 acres, also identified as Parcel #8540, Map KM 20, Block 7, Lot 23 from RS-6 Page 64 Page 66 Page 67 Page 93 Page 107 Residential to R-6 Residential – Case No. Z-1-10-20.
The second request, made by Barry & Sherry Jenkins, was approved to rezone property located at 145 Yarbro Road containing 9.07 acres, also identified as Parcel #10722, Map 4-22, Block 1, Lot 25 from R-10 Residential to R-20 Residential – Case No. Z-2-10-20.
As a result of both properties being annexed, along with prior annexations, council also approved the motion to adopt Resolutions indicating the Intent of the City Council to consider the redrawing of Ward lines for placement of annexed properties into the existing 5 wards and setting the date of Tuesday, December 15, 2020 at 6 pm for a Public Hearing to consider the adoption of Ordinances amending the City Charter assigning the annexed properties.
According to City Attorney Corry, “About 19 parcels, 15 in Cleveland County and 4 in Gaston County, that have been rezoned but have not been assigned to a ward, so council needs to address this.”
In another action, Attorney Corry explained that when City of Kings Mountain annexed property that is now owned by E5 Holdings, the city is required to assume some of the debt of Bethlehem Volunteer Fire Department, according to NC General Statutes. Law requires that the amount be paid annually, but the total amount owed is $1,027.41. Council and Bethlehem Volunteer Fire Department agreed to allow payment in one lump sum.
City council also authorized the mayor to execute a variance at 105 Hinson lane on Moss Lake. The lake commission recommended the variance.
Two properties on N. Cansler Street were approved by council for demolition: 113 N. Cansler Street (Parcel #6788) and the house next door (Parcel #6787) because they are not fit for habitation. Council’s vote was unanimous.
Council also approved revisions to the Community Appearance Standards Code Ordinance allowing it to now be enforced by the Codes Department instead of Zoning. In addition, Codes Director Clint Houser offered to share a list of homes he is reviewing to city council.
By Loretta Cozart
During the November 24 city council meeting, Mayor Scott Neisler announced that Kings Mountain’s ABC Board awarded the city a check for $200,000, which came from a surplus in the ABC board’s funds. “These funds allow us to do what we really want to do,” Neisler said.
In the Consent Agenda, city council unanimously approved budget amendments that included $90,000 for an outdoor video screen to be installed in Patriots Park and $85,000 for Library window restoration and plaster repair. A restricted contribution from the ABC Board will be utilized to pay for these improvements.
An additional $15,000 was used to fund Feed the Children this year, which provides $75,000 in non-perishable food items to area families in need during the Christmas season.
Other items in the consent agenda included:
$40,000 to budget Grant Funds for YMCA Wifi ($15,000) and Patriots Park Wifi ($25,000). These funds are restricted specifically for these projects. Council approval is required because it increases the General Fund.
$9,500 to budget funds received and to budget a capital expenditure for an ATV. The funds are a restricted contribution from the ABC Board to be utilized specifically by the Police Department to purchase an ATV/side by side.
City council also adopted a Resolution clarifying the role of the Planning and Zoning Board in deliberations on zoning text amendments, rezoning requests, and zoning map amendments. This action eliminates the public hearing before the Planning and Zoning Board for the aforementioned types of cases and require only one public hearing before City Council.
Coucil also approved a Downtown Kings Mountain Façade Grant Application $200,000 the amount of $5,000 for 100 E. King Street, which is owned by Kiamesha Young, for the purpose of façade repairs, rehabilitation, and renovations.
Six public hearings were scheduled for December 15 at 6 pm at City Hall:
• to consider the approval of a Mural Ordinance for the Kings Mountain Downtown Protection, Preservation & Enhancement District (KMDPPE).
• to consider a text amendment to the Zoning Table of Permitted Uses, and Definitions pertaining to Existing “Single Family Dwellings” in the Neighborhood Business (NB) Zoning District.
• for an amendment to the Incentive Agreement for Benestar Brands.
• to consider a Utility Incentive Agreement with Benestar Brands.
• to consider a request from Let’s Roll Holdings, LLC to rezone property consisting of approximately 82.73 acres on Dixon School Road and being further described as a portion of Parcel #11598, Map 4-39, Block 1, Lot 10, from R-20 (Residential) to Conditional Use R6-PUD (Planned Unit Development) – Case No. Z-1-9-2020.
• to consider a request from E5 Holdings, LLC to rezone property consisting of approximately 17.11 acres on Dixon School Road and being further described as Parcel #63027, Map 4-41, Block 1, Lot 16, from HI (Heavy Industrial) to GB (General Business) – Case No. Z-3-10-20.
City council pproved the following appointments and reappointments to the Boards and Commissions listed below:
Board of Adjustment
• Jim Potter – reappointed for a 3-year term expiring on 12/31/2023.
• Bill McMurray – reappointed for a 3-year term expiring on 12/31/2023.
Planning & Zoning Board
• Ron Humphries – reappointed for a 3-year term expiring on 12/31/2023.
• Ronnie Franks – reappointed for a 3-year term expiring on 12/31/2023.
• Clifton Bouldin – initial appointment for a 3-year term expiring on 12/31/2023.
• Maury Williams – extend temporary appointment for six months in order to assist with the Comprehensive Plan and UDO – term to expire 6/30/2021.
Mayor Neisler addressed the topic of term limits in response to Tim Greene’s request during last month’s city council meeting. The mayor reached out to League of Municipalities and received a reply stating, “In NC, enacting term limits would not withstand a constitutional challenge. This is because NC Constitution sets forth the requirements for who can run for office and that list of requirements is exclusive. Any additional qualifications, such as term limits, would be deemed unconstitutional.”
City attorney Mickey Corry agreed saying, “Some years back there was a question about creating term limits for the council. The answer then, and the answer now, is that it is not lawful in our state.”
During the citizen recognition, Mayor Neisler said to Greene, “I hope these responses clarify this for you.’ In response, Greene told council, “It (the response) clarifies but doesn’t satisfy. If Tim Moore, one of the most powerful Republicans in the state, can get it to where the School Board is partisan, then he can change the (state) constitution, too, adding amendments to reflect term limits.”
“My goal is transparency. There are several of us who owe Chip Sloan an apology,” Greene said with regard to the new Brunch Bill which allows alcohol to be served at 10 am on Sunday that was enacted by city council during the October meeting. “We should have called him, letting him know about the 10 am issue for ABC. We have to restore the trust in the citizens of this community, the state of NC, and the federal government.”
Two public hearings were held during the city council meeting. Both cases were approved by the Planning and Zoning Board.
City council approved a request from Matt Bailey and Patricia C. Queen to rezone property located on North Cansler Street containing .366 acres, also identified as Parcel #8540, Map KM 20, Block 7, Lot 23 from RS-6 Page 64 Page 66 Page 67 Page 93 Page 107 Residential to R-6 Residential – Case No. Z-1-10-20.
The second request, made by Barry & Sherry Jenkins, was approved to rezone property located at 145 Yarbro Road containing 9.07 acres, also identified as Parcel #10722, Map 4-22, Block 1, Lot 25 from R-10 Residential to R-20 Residential – Case No. Z-2-10-20.
As a result of both properties being annexed, along with prior annexations, council also approved the motion to adopt Resolutions indicating the Intent of the City Council to consider the redrawing of Ward lines for placement of annexed properties into the existing 5 wards and setting the date of Tuesday, December 15, 2020 at 6 pm for a Public Hearing to consider the adoption of Ordinances amending the City Charter assigning the annexed properties.
According to City Attorney Corry, “About 19 parcels, 15 in Cleveland County and 4 in Gaston County, that have been rezoned but have not been assigned to a ward, so council needs to address this.”
In another action, Attorney Corry explained that when City of Kings Mountain annexed property that is now owned by E5 Holdings, the city is required to assume some of the debt of Bethlehem Volunteer Fire Department, according to NC General Statutes. Law requires that the amount be paid annually, but the total amount owed is $1,027.41. Council and Bethlehem Volunteer Fire Department agreed to allow payment in one lump sum.
City council also authorized the mayor to execute a variance at 105 Hinson lane on Moss Lake. The lake commission recommended the variance.
Two properties on N. Cansler Street were approved by council for demolition: 113 N. Cansler Street (Parcel #6788) and the house next door (Parcel #6787) because they are not fit for habitation. Council’s vote was unanimous.
Council also approved revisions to the Community Appearance Standards Code Ordinance allowing it to now be enforced by the Codes Department instead of Zoning. In addition, Codes Director Clint Houser offered to share a list of homes he is reviewing to city council.