ROCKINGHAM - A CITY LOOKING FORWARD CITY COUNCIL AGENDA November 11, 2014 7:30 p.m.  1. Opening of meeting by Mayor Steve Morris.  2. 3. 4.  Invocation by Reverend Mike Sykes, Pastor of First United Methodist  Church.  Amendments and Changes to Agenda.  Consent Agenda:  A. Disposition of Minutes of the October 14, 2014 Regular Meeting.  (Enclosed separately)  B. Tax Collector's Report. (See Pages 5-7)  Informational Items: 1.) Monthly Collection Report  2.) Uncollected Taxes as of October 31, 2014. 1.) Refunds per County Assessor's Office. 2.) Discovery bills added to Tax Scroll. 3.) Releases per County Assessor's Office.  Action Items:  5.  Business by Planning Board. A. Set Public Hearing. (none) B. Hold Public Hearing. (none)  C.  Minutes from various Boards. (none)  6.  Consideration of a Demolition Ordinance for the Dilapidated Dwelling located at 110S S. Grove Avenue and identified as Richmond County PIN  7473-14-34-2344. (See Pages 8-10 & Photo Insert)  514 Rockingham Road, Rockingham, NC 28379 Phon. -1- 95 9088 Fax (910) 997 6617-www.gorockingham.com    City Council Agenda November 11, 2014 Page 2  7. Consideration of amendment to agreement to sell telecommunications lease by and between City of Rockingham and Cellco Partnership to Wireless Capital Partners, LLC for telecommunications (cell tower) located at 1311 Rockingham Road (Browder Park). See Manager's  Comments and Pages 11-13.)  8. Business by Visitors. 9. Business by City Clerk. 10. Business by City Manager. 11. Business by City Attorney. 13. Business by Mayor.  12. Items of discussion by City Council Members.  A. Acknowledgement of Proclamation issued Honoring Veteran's and in Support of Veteran's Day Activities beginning during the weekend of November gth and continuing through today,  November 11, 2014. (See page 14)  14. Adjournment.  -2-    Monty R. Crump City Manager  ROCKINCHAM A WAGHRT CITY LOOKING EEEACNEES FORWARD  MEMO TO: Mayor Steve Morris & City Council  FROM: DATE: RE:  Monty R. Crump, City Manager November 6, 2014 Agenda Items  REGULAR AGENDA:  7.  Consideration of amendment to agreement to sell telecommunications lease by and between City of Rockingham and Cellco Partnership to Wireless Capital Partners, LLC for telecommunications (cell tower) located at 1311 Rockingham Road (Browder Park). (See Pages 11-13.) The proposed amendment to approved prior agreement is to extend purchase price to $240,000.00 for a 21-year term. All other conditions remain the same with only the purchase price and term being different. As with prior justification the value of lump sum cash on hand today is proposed to be utilized for  Downtown Deveiopmenv/-conomic Development.  -3-  514 Rockingham Road, Rockingham, NC 28379 Phone (910) 895 9088 Fax 010,9970617-wwwgerctnohm.com    Rockingham, NC  City Council Agenda  SUPPORT DOCUMENTS  4-    -5-    UNCOLLECTED TAXES  YEAR 2014 2013 2012 2011 2010 2009 2008 2007 2006 2005 2004  AMOUNT 1,941,801.84 40,235.11 27,570.79 22,870.84 17,747.12 14,149.48 11,587.26 6,600.16 5,299.02 4,438.17 3,311.95  October 2014  1,941,801.84 153,809.90 2,095,611.74  Total Current Year Total Past Years Total All Years  6-    88  as de  8    John R. Massey, Jr. AICP Planning Director  ROCKINGHAM CET ACITY LOOKING FORWARD  NA  MEMORANDUM  To: Mayor Steve Morris and City Council Members From: John Massey, Planning Director Date: November 2, 2014  Re: Demolition Ordinance for Dilapidated Dwelling located at 110 S. Grove Avenue  City staff recommends the City Council approve a demolition ordinance for the dilapidated dwelling located at 110 S. Grove Avenue and identified as Richmond County PIN 7473-14-34-2344. Acopy of the demolition ordinance and photographs of the property are included in the agenda packet. As background information, City staff initiated abandoned structure proceedings in June of 2014. The property owner, Isiac Moore, and parties of interest were notified of a hearing with the Code Enforcement Officer regarding the condition of the dwelling. The notice was sent via certified and regular mail; published in the Richmond County Daily Journal; and posted on the subject property. No one attended the hearing. The Code Enforcement Officer issued his findings of fact and directed the property owners to either repair or demolish the dwelling by October 14, 2014. Again, the notice was sent via certified and regular mail; published in the Richmond County Daily Journal; and posted on the subject  property. The property owner has taken no action to date.  8-  514 Rockingham Road, Rockingham, NC 28379 Phon.  395 9088 Fax (910)997 6617 www. gorockingnam.com        AN ORDINANCE DIRECTING THE BUILDING INSPECTOR TO REMOVE OR DEMOLISH THE PROPERTY HEREIN DESCRIBED AS UNFIT FOR HUMAN HABITATION AND DIRECTING THAT AI NOTICE BE PLACED THEREON THAT THE SAME MAY NOT BE OCCUPIED. WHEREAS, the City Council of the City of Rockingham finds that the dwelling described herein is unfit for human habitation under the City Housing Code, and that all the procedures of the Housing Code WHEREAS, this dwelling should be removed or demolished, as directed by the Building Inspector, and should be placarded by placing thereon a notice prohibiting use for human habitation; and WHEREAS, the owner of this dwelling, Isiac Moore, has been given a reasonable opportunity to bring the dwelling up to the standards of the Housing Code in accordance with G.S. 160A-443 (5) pursuant to an order issued by the Building Inspector on July 16, 2014, and the owner has failed to  have been complied with; and  comply with the order;  NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Rockingham, that:  Section 1.  The Building Inspector is hereby authorized and directed to place a placard containing the legend "This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful." on the building located at 110 S. Grove Avenue and identified by Richmond County The Building Inspector is hereby authorized and directed to proceed to remove or demolish the above described dwelling in accordance with his order to the owner thereof dated July 16, 2014, and in accordance with the Housing Code upon which the cost was incurred. The lien shall bei filed in the office of the City Tax Collector and City Clerk, and shall have the same priority and be collected in the same manner as the lien for special assessments in Article 10 of G.S. Chapter (b) Upon completion of the required removal or demolition, the Building Inspector shall sell the materials of the dwelling and credit the proceeds against the cost of removal or demolition. The Building Inspector shall certify the remaining balance to the Tax Collector. If a surplus remains after sale of the materials and satisfaction of the cost of removal or demolition, the Building Inspector shall deposit the surplus in the Superior Court where it shall be secured and disbursed  PIN# 7473-14-34-2344.  Section 2.  and G.S. 160A-443.  Section 3. (a) The cost of removal or demolition shall constitute a lien against the real property  160A  int the manner provided by G.S 160A-446.  -9-    Section 4.  Its shall be unlawful for any person to remove or cause to be removed the placard from any building to which it is affixed. It shall likewise be unlawful for any person to occupy or to permit the occupancy of any building therein declared to  be unfit for human habitation.  Section 5. Adopted this  This ordinance shall become effective upon its adoption.  day of  2014  Mayor  Attest:  City Clerk  NORTH CAROLINA RICHMOND COUNTY  I,a Notary Public of the County and State aforesaid, certify that Gwendolyn F. Swinney personally appeared before me this day and acknowledged that she is City Clerk of the City of Rockingham, a North Carolina municipal çorporation, and that by authority duly given and as an act of the corporation, the foregoing instrument was signed in its name by its Mayor, sealed with its municipal  seal and attested by herself as its City Clerk.  Witness my hand and official stamp or seal, this  day of  2014.  Notary Public  My Commission expires:  -10-    WCP Wireless Capital Partners, LIC  11900 West Olympic Blvd., Suite 400 Phone: 104814P00/16-82274  Los Angeles, CA 90064 Fax: 310-481-8701  OPTION ANDLETTER AGREEMENT  Date Landlord Purchase Price Term Purchased  October 31st, 2014 City ofl Rockingham $240,000.00 21 years  Property/Lease(s) 1311 ROCKINGHAM, ROAD, ROCKINGHAM, NC: 28379  Original lease by and between City of Rockingham and Cellco Partnership dated April 27 2009 as  amended or assigned (the' "Verizon Lease")  By signing this letter agreement (this "Letter Agreement"), Landlord grants Wireless Capital Partners, LLC ("WCP") an option (the "Option")t toj purchase Landlord'si interest in thel Lease(s) identified above (collectively, the Leases" and each, a' "Lease"). WCP may exercise the Option by written notice to Landlord prior to the date (the "Option Deadline") that is 60 days after thel latest oft the dates set forth below the signatures to this Letter Agreement (such date, the "Effective Date"). The terms oft this proposed Letter Agreement are valid for 14 days after the date set forth above, after which, such In the event WCP exercises the Option, Landlord agrees that it shall, with respect to each Lease, execute a Purchase and Sale of Lease and Successor Lease Agreement substantially similar to the form of Purchase and Sale of Lease and Successor Lease Agreement attached hereto (the "Purchase Agreement") (the execution version of which shall be provided to The parties agree that $100.00 and WCP's commitment to expend time, effort and expense to evaluate the transaction contemplated by this Letter Agreement (the "Transaction") are good and sufficient consideration for the Option. Landlord agrees to cooperate with WCP in connection with its evaluation of the Transaction and agrees to promptly provide to WCP thei items set forth on Exhibit A, together with any other items reasonably requested by WCP from time to time after the Effective Date. Between the Effective Date and the Option Deadline, neither Landlord (nor any affiliate, member, employee, or manager thereofi in the event Landlord is an entity) shall (a) offer, negotiate, solicit or entertain any offers to sell or assign any interest in any Lease (or any premises leased thereunder); or (b) amend, extend, ort terminate any Lease. Landlord acknowledges that this Letter Agreement is al legally binding commitment to sell the Leases to WCP. In the event ofal breach of this Letter Agreement by Landlord, WCP shall be entitled to compensation for its time and expense to evaluate the Transaction and, in any action to enforce this Letter Agreement, to recovery of its reasonable attorney's fees (such breach to include, without limitation, any failure by Landlord to () reasonably and timely cooperate with WCP in connection with its diligence of the Transaction and any inquiries related thereto, (ii) diligently attempt to procure an executed non-disturbance agreement from the holder of any senior interest in the property thati is the subject of any Lease, or (ii) proceed to the closing of the Transaction (the "Closing") within seven (7) days after Landlord's receipt of all necessary WCP shall be responsible for all closing, escrow and title costs (other than applicable transfer taxes). Upon Closing, WCP will hold-back from thel Purchase Price, an amount equal to the rent scheduled to be received under any Lease during the two (2) calendar months after the Closing (it being agreed that upon receipt of any such rent from the applicable tenant,  offer shall be void ifnote executed by Landlord prior to such date.  Landlord on or before WCP's exercise oft the Option).  closing documents from' WCP).  WCP will reimburse Landlord for such amounts).  [Signatures Appear on thel Following Page]  CeRrV-R4yEe  Pazelcis -11-  Wireress Capitai Parmers,c    IN WITNESS WHEREOF, Landlord and WCP have executed and delivered this Letter Agreement as of the  Effective Date. WCP:  Wireless Capital Partners, LLC, al Delaware limited liability company  By:  Name:  Title: Authorized Signatory  Date: Landlord:  Landlord Signature Date:  Ccho .49297  Page1ui3 -12-  472255 aun 325.4--    Exhibit A Due Diligence Items  1. Signed Letter. Agreement;  2. Approval ofl Purchase. Agreement (please initial each page);  3. Completed and executed Summary of] Information provided tol Landlord under separate cover; 4. Proofofr rent payments (represented by check stubs representingt thel last three months' ofr rent payments); 5. IfLandlord is an entity, Landlord's applicable organizational documents (see below).  a. Articles ofl Incorporation andl Bylaws, b. Certificate of] Formation and Operating Agreement,  Certificate ofLimited Partnership and Partnership Agreement, or  d. Trust Agreement.  eINRPAyAEY  Pagesois -13-  Mieles: 21237.2312    ROCKINGHAM A CITY LOOKING FORWARD PROCLAMATION Honoring Veterans and  BC  EEESEEES  Supporting Veterans Day Activities  WHEREAS, in 1919 President Woodrow Wilson proclaimed November 11th as Armistice Day; and WHEREAS, in 1938 it became a national holiday and in 1954 Congress changed the name of the WHEREAS, President Dwight D. Eisenhower signed the bill into law for this day "to honor veterans...a WHEREAS, observances are held throughout the Country to salute and honor our Nation's heroes; WHEREAS, various organizations exist to help veterans and their families in time of need, to support measures to promote the welfare and security of the Country, and to support patriotic and moral values  holiday to Veterans Day; and day dedicated to world peace"; and  and  through special school, hospital, and civic programs; and  WHEREAS, the City of Rockingham is proud of all our veterans and wholeheartedly supports the men, women, and their families who have served our Nation in past wars as well as those serving today; and WHEREAS, the slogan "All gave some, some gave all" brings to our hearts the importance of never NOW, THEREFORE, I, M. Steven Morris, Mayor and Members of Rockingham City Council do hereby proclaim Tuesday, November 11, 2014 as a day to express honor and support for all  under estimating freedom's price.  veterans; and,  FURTHERMORE, encourage our citizens to take time to honor veterans by participating in local ceremonies, one of which will be held on Saturday, November 8, 2014 in the Veteran's Memorial Park at 11:00 a.m. with Lt. Colonel Jon Ring, Commander of the Richmond Senior High  School JROTC being the guest speaker. This the 3rd day of November, 2014.  Signed:  M. Steven Morris Mayor  Attest:  Gwendolyn F. Swinney, CMC, City Clerk  514 Rockingham Road, Rockingham, NC 28379 - Phoi -14- 75 9088 Fax (910).997.6617- www.goroctingham.com    DEPARTMENTAL ACTIVITY REPORTS  for  COUNCIL'S INFORMATION  -15-    0  o 335 e  6A a a  9 00  11353    SA  6-        FIRE CHIEF HAROLDI ISLER ADMIN.ASST. KRISTYI PLAYER  ASST.CHIEF DAVIDMULLIS CAPTAIN VICMCCASKILL  D  October-14  We are pleased to submit the monthly fire report on the activities undertaken by the Rockingham  Fire Department during the month of October 2014.  Total Alarms: Turn In Alarms: Wrecks: Smoke Scare: Power line down: 0 Service Call: Cooking Fire:  48 3 26 2 0 0  In Town: Silent Alarms: Alarm Malf: Vehicle fire: : Bomb Threat: Co detector: Assist EMS:  47 45 11 0 0 0 1  OutofTown: Structure: Good Intent: Grass/Brush: Gas Leak/Spil!: Assist Police: Mutual Aid:  1 2 4 0 1 0 1  Hours Spent on Calls: 21 hours 14 minutes Total Property Exposed to Fire: Total Property Damaged by Fire: Total Property Saved:  $67,000.00 $7,000.00 $60,000.00  During the month of October full time members of the fire department averaged 38 training hours  per person; part-paid members averaged 6 hours per person for the month.  Public Life & Safety: -Installed 6 car seats -Inspections: 31  -2 station tours: 6 adults and 13 kids -Held Kick offf for fire prevention week at the Winn -Dixie Parking lot -Toured the Perdue Plant for fire prevention training -Held the fire prevention programs for the Richmond County Schools -Held 3 pizza parties with the classrooms that won the poster contest Participated at Lowes for fire prevention day for kids -Fire prevention program for Roberdel preschool program -Chief Isler went to trunk or treat at Sandhills Childrens Center -Participated in trunk or treat at Browder Park -80 kids and 4 adults station tour from Mineral Springs School in Ellerbe Participated in trunk or treat at the Leath Memorial Library  Respectfully Submitted, S6uR/ Caler Fire Chief Harold Isler  -18-  231 S. LAWRENCE ST. ROCK.-m, NC 28379 I 910-997-4002    ROCKINGHAM KEATXXEXXEEMEES A CITY LOOKING FORWARD  To: From: Date: Subject:  Monty Crump, City Manager  Dave Davis, Parks and Recreation Director  November 3, 2014 Activity Report  The following is an update of recent and current recreation activities.  Youth Soccer-Regular season and tournaments were completed Saturday, October 18th Youth Basketball - Registration began Monday, October 27th and concludes Monday,  December1s:.  Halloween Trunk-or-Treat- - This was our ninth and most successful Trunk-or- Treat to date. We had a total of twenty-eight trunks and approximately three thousand children and adults Administrative Assistant Pam Cowick, City Events Coordinator Kim Williams, and Maintenance Supervisor Mark Rohleder are the driving force behind this event and their efforts Election Day - Once again Browder Park will be a polling precinct on Tuesday, November 4th. Youth Volleyball - We have 157 young ladies registered to participate in this second year program. Pre-season clinics have been completed and practices are under way. Regular season play begins on Saturday, November gth and should conclude around Saturday, December 6th.  participated in this event.  continue to reflect favorably upon our department.  514 Rockingham Road, Rockingham, NC 28379 * Phon - 19- '5 9088 Fax (910) 997 6617 www.sorectinghem.com    ROCKINGHAM ACITY ECET: LOOKING FORWARD  Rockingham Police Department  W.D. Kelly, ChiefofPolice To: Monty Crump From: W. D. Kelly Chief of Police Date: November 4, 2014 Ref: October Activity Report  On behalf of the Rockingham Police Department, Iam pleased to submit this report for your consideration. The following activities have been undertaken  by officers of the Rockingham Police Department.  Total Calls for the Month: Animal Control Calls: Alarm Calls Escorts: Unlock Vehicles: Charges Generating Arrest: Felonies: Misdemeanors: Drug Violations: Juvenile: Warrants Served: Citations:  1206 51 126 89 125  29 87 14 1 109 246  Accidents eported/Investyated: Property Damage only: Personal Injury: Officer Hours Spent in Court: Officer Training Hours Logged Items of Interest  56 09 42 409  The weather was a treat for our Annual Trunk or Treat this year at Browder Park. There was  safe funand candy for all the children.  311E. Frankin Street, Rockingham, N.C. 28379Phoi. - 20- 15-2468 Fax (910) 895-0899 wngorocinghamplcon