Franklin Aldermen 05-05-2014

The Franklin Town Board of Aldermen met last night for their regular meeting for May 2014. I have posted the video I recorded above and the public agenda, the press kit and a searchable copy of the Town Manager's Budget Message to the Aldermen below. You may read the play by play I posted on the Macon Media Facebook Page.

Near the end of the meeting, the Aldermen went into a closed session that lasted about nine minutes. When they came out, the Aldermen passed a resolution to acquire some property for a sum of money to settle a suit filed by the John W. Mitchell Jr Revocable Trust had filed against the Town of Franklin in Superior Court for the amount of $180,300. I have a copy of that resolution below the public agenda. I have embedded a copy of the agenda packet that members of the board and the media receive. I have included a link for you to download a copy for your personal records if you so wish.



PUBLIC AGENDA

Town of Franklin Board of Aldermen 

Meeting Agenda

Monday May 5, 2013 - 7:00 p.m. 

1. Call to order- Mayor Bob Scott
2. Pledge of Allegiance
3. Adoption of May 5, 2014 Proposed Agenda
4. Approval of April 7 and April 28, 2014 Board Minutes
5. Public Hearing 7:05 p.m. for Rezoning Petition for Six (6) Parcels on East Palmer Street and Porter Street
6. Public Hearing 7:10 p.m. for Application to Amend Text Only of the Unified Development Ordinance for the Outdoor Display of Goods
7. Public Session
8. New Business
   • Board Decision on Rezoning Petition for Six (6) Parcels on East Palmer Street and Porter Street
   • Board Decision on Application to Amend Text Only of the Unified Development Ordinance for the Outdoor Display of Goods
   • Presentation by the Community Care Clinic
   • Proclamation for Law Enforcement Memorial Day- Mayor Bob Scott
   • Special Use Application for Wireless Telecommunications Eligible Facilities Request at 90 Cunningham Road- Land Use Administrator Justin Setser
   • Set Public Hearing for Rezoning Petition for Macon County and the Town of Franklin Properties- Land Use Administrator Justin Setser
   • Set Public Hearing for the Application to Amend Text Only of the Unified Development Ordinance for Microbrewery and Brewpub- Land Use Administrator Justin Setser
   • Streets
     1. Stop Sign and Intersection Change on Pauline Avenue and Ulco Drive
     2. Watauga Street One Way
   • Budget Amendments- Finance Officer Janet Anderson
   • Proposed Fiscal Year 2014-2015 Budget- Interim Town Manager Summer Woodard
     1. Presentation of the Proposed Fiscal Year 2014-2015 Town of Franklin Budget
     2. Set Budget Work Session for Saturday May 17, 2014 at 9:00 a.m.
     3. Set Public Hearing for the Fiscal Year 2014-2015 Budget for Monday June 2, 2014 at 7:05 p.m.
9. Legal
   1. Closed session pursuant to N.C.G.S. 143-318.11(a) (3), “to consult with an attorney employed or retained by the public body in order to preserve the attorney-client privilege between the attorney and the public body, which privilege is hereby acknowledged”, the matter of an inverse condemnation claim, John W. Mitchell Trust v. Town of Franklin, file no. 12-CVS-228 in the files of the Clerk of Superior Court for Macon County.
10. Adjourn

RESOLUTION TO SETTLE CLAIM AGAINST TOWN

[I have added a couple of hyperlinks to the document that might help you understand the document better. -Bobby]

RESOLUTION OF THE BOARD OF ALDERMEN FOR THE TOWN OF FRANKLIN TO ACQUIRE REAL PROPERTY AND SETTLE THE MATTER OF JOHN W. MITCHELL, JR. REVOCABLE TRUST V. TOWN OF FRANKLIN, 12-CVS-228, AND TO DECLARE THE REAL PROPERTY SO ACQUIRED SURPLUS

WHEREAS, pursuant to NCGS 160a-11, the board of aldermen for the Town of Franklin is empowered inter alia to acquire real property; and

WHEREAS, construction of the Crawford Branch sewer line replacement project required said line to cross a portion of the property located at 381 East Main Street, being Macon County parcel number 6595303520 and described in that deed dated February 6, 2009 from Kenneth R. Kopp and wife Alison J. Kopp to John W. Mitchell, Jr., and Bobby J. Key as Co-Trustees of the John W. Mitchell, Jr. Revocable Trust, u/t/a dated May 30, 2003, recorded in book V-32, pages 335-338 of the Macon County Public Registry (the “Property”); and

WHEREAS, the said John W. Mitchell, Jr. Revocable Trust, as Plaintiff, instituted an action in Superior Court concerning the said sewer line, file number 12-CVS-228 [download a copy] in the Office of the Clerk of Superior Court for Macon County; and

WHEREAS, the Plaintiff has offered and the Town agreed to completely settle the said action and all matters related thereto upon payment of the sum stated in Section 1 of this Resolution, in exchange for which the Plaintiff will convey the Property to the Town of Franklin; and

WHEREAS, the Board of Aldermen finds that the said sum is fair and full consideration for the property and payment of the other fees and costs of this matter; and

WHEREAS, the Board of Aldermen finds that the Property is not necessary for public purposes and therefore need not be retained;

NOW, THEREFORE BE IT RESOLVED by the Board of Aldermen for the town of Franklin, the following:

Section 1. The sum of $180,300.00 is hereby appropriated from the town's retained earnings. The Town's Interim Manager and Finance Officer, or their successors in office, are authorized to pay the said sum unto the Clerk of Superior Court for Macon County, to be released to the said Plaintiff.

Section 2. The Mayor is authorized to execute, on behalf of the Town of Franklin and as its corporate act, that Consent Judgment attached hereto and made a part hereof, and to so execute such documents as may be necessary to accomplish the purposes of this Resolution.

AGENDA PACKET FOR MEDIA AND BOARD MEMBERS

Download PDF of Agenda Packet

Franklin Aldermen Agenda Packet 05-05-14 by Thunder Pig

PROPOSED BUDGET FOR THE TOWN OF FRANKLIN FOR 2014-2015

2014-20156 Proposed Franklin Budget