Town of Dallas Agenda January 8, 2019 6:00 PM BOARD OF ALDERMEN Rick Coleman, Mayor Jerry Cearley, Mayor Pro-Tem  Allen Huggins Stacey Thomas ITEM SUBJECT  Darlene Morrow E.Hoyle Withers  Page  1. Invocation and Pledge of Allegiance tot the Flag 2. Approval of Agenda with Additions Or Deletions A. December 11th Regular Meeting 4. Recognition of Citizens: Time set by Mayor  3. Approval of Minutes  2  A.  5. Consent Agenda (to be acted on collectively, unless removed for further discussion)  A. Acceptance of Service Proposal for Tree Ordinance B. Renewal of Participation in HUD "HOME" Program .B Black History Month Proclamation  5 9 14 16  6. Public Hearings 7. Old Business 8. New Business  A. Downtown Development Agreement for 130W. Trade St.  A. Audit Report-L Lowdermilk Church C. Taking Pride in Dallas Program  29 30 34  B. Offer to Purchase Town-owned Property on W. Robinson St.  9. Manager's Report: 10. Closed Session:    TOWN OF DALLAS DECEMBER 11, 2018 6:00 PM  MINUTES FOR BOARD OF ALDERMEN MEETING  The following elected officials were present: Mayor Coleman, Alderwoman Thomas, Alderman Huggins, Alderman Withers, The following staff members were present: Maria Stroupe, Town Manager; Da'Sha Leach, Town Clerk; Tom Hunn, Town Attorney; Allen Scott, Police Chief; Tiffany Faro, Development Services Director; Jonathan Newton, Finance Director; Steve Lambert, Fire Chief; Doug Huffman, Electric Director; Steven Aloisa, Recreation Director and Bill Trudnak, Public Works  Alderman Cearley, and Alderwoman Morrow.  Director.  Mayor Coleman called the meeting to order at 6:00 pm. He opened with the Invocation and the Pledge of Allegiance to the Mayor Coleman read the meeting rules fort the audience. He asked ift there were any additions or deletions to amend the agenda. Alderman Huggins made a motion to approve the agenda as presented, seconded by Alderman Withers, and carried  Flagf followed. He welcomed everyone to the meeting.  unanimously.  Alderwoman Thomas made a motion to approve the minutes from November 13th Regular Meeting and November 27th Work  Session, seconded by Alderman Cearley, and carried unanimously.  Recognition of Citizens:  Mr. Alan Routhier, 617 Summey Farm Dr., He was not present as scheduled. of the no parking ordinance. The request was noted and will be process by Staff.  Ms. Walters, 510 N. Poplar St., She addressed the Board regarding parking issues on her street and the need for enforcement Mr. Curtis' Wilson, 438 S. Gaston St., He prayed for the Town, Board Members, and the agenda for the meeting.  Boy Scout Troop was in attendance to work towards a merit badge.  Consent Agenda:  TOP TIER Grant Award-Roots Salon (Exhibit A) NC Dept of Commerce MOU (Exhibit B) NC Dept of Commerce Resolution (Exhibit C) Bid Approval-Refurbish Park Road Substation (Exhibit D)  Alderman Cearley made a motion to approve, seconded by Alderwoman Morrow, and carried unanimously.  Special Events & Requests for In-Kind Services: NONE  2    Public Hearings:  Item 6A was al Public Hearing for 130 W. Trade St. Downtown Development Project Agreement. This public hearing was continued from the November 11th,2018 Regular Board Meeting. Mayor Coleman recognized Mr. Bailey the opportunity to address the audience and the Board. Due to circumstances surrounding the Town-owned property, there wasa recommendation to continue the public hearing to allow more time for resolutions. Aj phase one has been completed and a phase two may be needed according to the Sanborn map. Mr. Bailey obtained a quote of $9000f for a phase two inspection and he requested the Town to complete it. Mr. Luker of the Gaston County Museum of Art and History made a statement that the Sanborn map appeared to have thei incorrect location markers but he stated that he would check with the state archives for an original map. The Town Engineer Mr. Denton of Diamond Engineering spoke to NCDOT: since the roadway in front of 130 W. Trade St. was widened and they stated that they would not pave over any underground tanks. Mr. Denton also noted that the sidewalks were dug up: 15 feet deep and re-poured approximately 15 years ago. The Board discussed the details oft thei items presented and who: should pay the cost of a phase two. Audience members noted that the Town: should bes sure and there was concerns about contamination. The Board decided that more information was needed. Alderwoman Morrow made ar motion to continue the public hearing until. January gt,2019, seconded by Alderwoman Thomas, and carried  unanimously. (Exhibit E) Old Business: NONE New Business:  Item 8A was al Request to Approve the Fiscal Year 2019-20 Budget Calendar. Each year the Town establishes a calendar for the preparation oft the upcoming fiscal year's budget. There were at few changes made in the proposal to accommodate the group: and the Board was given a copy oft the dates in the agenda package. Alderman Withers made a motion to approve, Item 8B was a Request to Approve the Meeting Schedules for 2019. Each year the Town establishes a calendar for the Regular and Work Session Board meetings. Upon approval of this item, the dates will bei filed and posted according to the G.S. $143-318.12 requirement. Alderman Huggins made a motion to approve, seconded by Alderman Cearley, and carried  seconded by Alderwoman Morrow, and carried unanimously. (Exhibit F)  unanimously. (Exhibit G)  Item 8C was an Ordinance to Demolish 301 N. College St. The residence at 301 N College Street is currently owned by Saud Shawli. Asa result of numerous neighbor complaints, the Town Development Services Director Ms. Faro performed a property inspection on Sept. 28, 2018. Thei inspection confirmed that rehabilitation work was occuring on site without permits. In addition, the property was being still used as a residence at the date of thei inspection but did not meet the Town's minimum housing standards. Gaston County Inspector Mr. Brian Sciba was involved with the minimum housing inspection. Al Notice of Complaint was sent on Oct.9, 2018. A minimum housing hearing was held on October 23d,2018, and subsequently a Finding of Fact was issued and sent toi the owner on October 26",2018. The findings of fact confirmed the details of the on: site inspection to be accurate, determined the structure to be dilapidated, and ordered the owner to bring the property into compliance or to demolish the structure within 30 days, or by November: 26, 2018. The owner did not appeal the order of the Development Services Director as outlined in 150.46(D). Afollowup inspection occurred on Tuesday, December 4, 2018, and revealed that the minimum housing violations have still not been fully addressed. Ms. Faro asked the Board of Alderman to consider adoption an Ordinance to Demolish. Ifgranted, a posted placard prohibiting the use or occupation of the structure on the main entrance, and proceed with demolition and removal of the structure from the property - costs to bei invoiced to the Owner. Mr. Shawli was present and the Board questioned him on the repairs. Mr. Shawli stated that he needed more time since he was doing the repairs himself. Mr. Brian Sciba was present to answer any questions from the Board as well as address the processing on the property at 301 N. College. Mr. Sciba stated the challenges from the county inspections regards to the repairs, condition of the property, and multiple failed attempts to get Mr. Shawli to comply with the requirements for the county as well as the Dallas ordinance. After discussion, the Board decided to give Mr. Shwali more time to complete his repairs, stating that there willl be no extension or additional time granted since the repair issue has been on-going for over two years. Alderman Withers made a motion to extend the Ordinance to Demolish until March 12th, 2019 Regular Board Meeting, seconded by Alderwoman Thomas and carried  unanimously. (Exhibit H)  3    Item 8D was an Ordinance to Demolish 411 W. Trade St. The residence at 411 W Trade Sti is currently owned by Robert Oleska. This property has received numerous complaints;, and has been previously court ordered to "cease and desist from using or allowing his premises located at 411 W Trade Street in Dallas, North Carolina to be used in such a manner that violates the ordinances of the Town of Dallas, North Carolina." The Development Services Director Ms. Faro performeda a minimum housing inspection at the property on November 28, 2018, andi found the conditions to be in violation of the minimum housing standards of the Town. Gaston County Inspector Mr. Brian Sciba was present during the inspection as well, and advised for all utilities to be cut off as the property was unsafe for habitation. Mr. Oleska acknowledges that the building would take too much work to correct, and has voluntarily agreed to allow the Town of Dallas to demolish the structure and place al lien on his property in exchange for 45 days to remove all desired personal belongings from the premises. He has signed ai formal Voluntary Demolition Agreement with the Town of Dallas agreeing to these terms. Ms. Faro asked the Board of Alderman to consider adoption an Ordinance to Demolish adhering to all conditions outlined in the Voluntary Demolition Agreement given in the Board Agenda packets as well as pictures to show the condition of the propertyi in it's current condition. Ifgranted, Ms. Faro will post a placard prohibiting the use or occupation oft the structure on the main entrance, and proceed with any required testing, securing bids for demolition, and ultimately scheduling demolition of the structure once the 45 days has passed. The Town Attorney Mr. Hunn stated that ai title search will be completed to be sure there will be no impairment to any other possible lienholders. Mr. Oleska was not present at this meeting. Alderman Withers made a  motion to adopt, seconded by Alderman Cearley, and carried unanimously. (Exhibit I)  Item 8E was a Civil Emergency Ordinance. This item was discussed at the November 27th Work Session. During thei incidents of hurricane related weather this fall, it was discovered that the Town does not have an ordinance outlining procedures during a civil emergency. The absence ofs such an ordinance hampers Dallas' ability to declare a state of emergency, outline any restrictions that may need to be put in place, and could jeopardize the receipt of FEMAfunds. The Board was givena copy oft the G.S. 5166A-19.22, outlining declarations ofs states of emergency int the agenda packet as well as the proposed ordinance. Alderman Withers made a motion to adopt the Civil Emergency Ordinance, seconded by Alderwoman Morrow  and carried unanimously. (ExhibitJ J)  Manager's Report and General Notices:  The manager gave updates and made notice to the Board that Chief Lambert has retired with this being his last meeting.  Alderman Cearley commended Ms. Faro for doing a great job!  Alderwoman Thomas made a motion to adjourn, seconded by Alderman Withers, and carried unanimously. (7:20)  Rick Coleman, Mayor  Da'Sha Leach, Town Clerk  4    TOWN OF DALLAS, NORTH CAROLINA  REQUEST FOR BOARD ACTION  DESCRIPTION: Urban and Community Forestry Grant Program  AGENDA ITEM NO.5A BACKGROUND INFORMATION:  MEETING DATE: 1/8/2019  The NC Urban and Community Forestry Grant program offers financial assistance to municipalities to facilitate strategic planting and: maintenance of community trees for public benefits. Some eligible activities for consideration include Development ofa Tree Ordinance or Tree ConseryatonPreservation Ordinance (Development Services) and conducting a hazard tree evaluation (Electric Department). The Electric Department could also benefit from this grant by locating trees that may create hazards to our utility lines and residents and make sure that we are Currently, the only zoning requirements we have for trees are for parking lot landscaping and screening. A tree ordinancepreseryation ordinance would allow us to expand those requirements to address such topics as the street tree canopy, the preservation of certain designated "heritage" trees, and tree planting standards. These standards would tie in with some oft the stated goals ofour Land Use Plan and would help move us toward increasing the beauty of the overall community, which could, in turn, be helpful in our economic development efforts. The Town applied for the NC Urban and Community Forestry Grant Program in March and was awarded the grant. Attached is the Services Proposal from Treefull Communities, LLC, the firm There is a 50-50 matching requirement for grant funds awarded through this project. This grant was budgeted in the current budget year and the quote comes in within budget.  able to properly identify and address any concerns before any issues arise.  that will be conducting work associated with the grant.  MANAGER'S RECOMMENDATION: Approve the proposal as presented.  BOARD ACTION' TAKEN:  5    dMmmtene John Sugg, Certified. Arborist: #SO-1235A mirclcommntisen Services Proposal To: Tiffany Faro Development Services Director Town ofDallas 2101 North Holland Street Dallas, NC 28034 Services to bej provided:  4214 Wingate Drive, Wilson, North Carolina 27896 (252) 289-6044 ohsusdcontalnsticem  A Tree Protection and Landscape Ordinance shall be developed at the request of the Town of 1. Required landscaping for buffers, screening, interior plantings and streetscape 2. Tree preservation for tree save/protection areas, hertage/specimen tree protection, preservation of vegetation during construction and tree protection plans 3. Planting standards per an approved tree and shrub list along with recommended spacing 4. Tree maintenance and protection of public trees, regulated planting spaces, protection of trees on private property, especially near electric lines and along street rights-of-way A series of work sessions are anticipated for the ordinance development process. The first of these sessions will include an in-house consultation between involved staff and the consultants (Certified Arborist and Landscape Architect). Development of the components that will comprise the draft ordinance will precede the first in-house meeting. The final meeting will The initial in-house work session with the consultants can be held as early as late September or early October 2018 (the first and second months of the contract period). The last session will be held no later than March 2019 with the final presentation. Note: Staff may choose to expedite the timeline in the event that all desired input from both parties has been exhausted Total estimated project cost - $9000 (includes travel costs of $1000 for two trips at $500 per  Dallas, North Carolina and will include the following components:  planting/canopy  and tree canopy requirements  include aj presentation oft the completed ordinance to Town staff.  and contingent upon the consultant's progress.  trip with any additional trips to be added to the quoted project price)  Treefull Communities, LLC  September 6, 2018  6    URBAN AND COMMUNITY FORESTRY GRANT. PROGRAM  This program is established as a partnership of the NCI Forest Service and the US Department of Agriculture Forest Service. Grant projects developed under this program should be designed to  address one or more oft the following objectives:  1, Reduce the impacts of land-use change and urbanization on forested landscapes in 2. Facilitate strategic planting and maintenance of community trees for public benefits. 3. Assist communities with establishing andi managing their urban forests, 4. Encourage policies and guidelines that sustain urban and community forests for the Grant requests should range between $2,500 and $15,000, and funds awarded must be used for new programs or projects not currently funded. There is a 50-50: matching requirement for grant funds awarded through this project, but it does not require a cash match. Staff time can be used as an in-kind match to meet this requirement. First-time applicants and municipalities seeking Grant proposals must fit into one of five categories, as listed below (with examples of eligible  and around urban areas.  public'sb benefit.  Tree City USA status are given priority for funding.  activities):  Category 1: Urban & Community Forestry Program Development  Creation and training ofa a' Tree Board. Conducting al hazard tree evaluation,  Development ofa Tree Ordinance or Tree ConseryationPreservation Ordinance.  Category 2: Urban & Community Forestry Program Improvement  Conducting ai tree inventory and analysis tied to treei maintenance or future tree planting.  Assessing local natural resources such as tree canopy. Identifying available treej planting locations on public property. Street tree planting and maintenance plan. City parks vegetation management plan. Hazard tree reduction and replanting plan Revising an existing tree ordinance/policy.  Category 3: Non-Profit Program Development (Not an eligible category for us.)  Category 4: Tree Planting Projects  Stand-alone tree planting projects cannot be funded under this grant. All proposals including tree planting must be part of a larger effort benefitting urban forest  management and public awareness.  7    Category 5: Information, Education and Training In-house training and continuing education. Public ducation/workshops. Youth Programs.  Grant recipients are given 11 months to complete their project. The following is the timeline for  the upcoming grant program cycle: March 31,2018: July 1,2018: March 1, 2019: July 31, 2019:  Application Deadline Grant Award Notification Date Mid-Year Status Report Due Project Completion Deadline  September: 1, 2018: Contract Period Begins  8    TOWN OF DALLAS, NORTH CAROLINA  REQUEST FOR BOARD ACTION  DESCRIPTION: Renewal of] Participation in HUD "HOME" Program  AGENDA ITEMNO.5B BACKGROUND INFORMATION:  MEETING DATE: 1/8/2019  Itist time to renew the Gastonia/Gaston County Consortium for participation in the US Department ofl Housing and Urban Development's (HUD) Home Investment Partnership (HOME) Program. The consortium must renew every three years. This renewal is for the 2020- 2022 Program years. The City of Gastonia and Gastonia/Gaston County Consortium carry out HOME funds are directed through the Consortium agreement outside ofthe city limits of Gastonia, which include direct homeownership assistance for first-time buyers (assisted 140 families to become homeowners across the county from 2017-present) and Tenant-Based Rental Assistance/Security Deposits, both are offered county-wide in order to further affirmative fair housing. 100% off funds will be utilized within the areas stated within the agreement. NO MATCH FUNDS OR ADMINISTRATIVE FUNDS ARE REQUIRED FOR CONTINUED  the federal programs, with the City of Gastonia as the lead agency.  PARTICIPATION.  A copy of the Interlocal Agreement is attached.  MANAGER'S RECOMMENDATION: Approve the agreement has presented for continued  participation in the HOME Program. BOARD ACTION TAKEN:  9    INTERLOCAL AGREEMENT INJ HUD "HOME" PROGRAM  CREATING CONSORTIUM FORI PARTICIPATING  THIS AGREEMENT, made and entered into on this  day of  2019, by  and between the City of Gastonia, ai municipal corporation organized and existing under and by virtue ofthel laws oft the State ofNorth Carolina, hereinafter: referred to as "Gastonia"; the City of Belmont a municipal corporation organized and existing under and by virtue of the laws of the State of North Carolina, hereinafter referred to as "Belmont"; the City of Bessemer City, a municipal corporation organized and existing under and by virtue of the laws of the State of North Carolina, hereinafter referred to as "Bessemer City"; the City of Cherryville, a municipal corporation organized and existing under and by virtue of the laws of the State of North Carolina, hereinafter referred to as "Cherryville"; the Town of Cramerton, a municipal corporation organized and existing under and by virtue of the laws of the State of North Carolina, hereinafter referred to as "Cramerton"; the Town of Dallas, a municipal corporation organized and existing under and' by virtue ofthe laws oft the State ofNorth Carolina, hereinafter referred to as "Dallas"; the City of Kings Mountain, a municipal corporation organized and existing under and by virtue of the laws of the State ofNorth Carolina, hereinafter referred. to as "Kings Mountain"; the City ofLowell, a municipal corporation organized and existing under and by virtue of the laws of the State of North Carolina, hereinafter referred to as "Lowell"; the Town ofMcAdenville, ai municipal corporation organized and existing under and by virtue ofthe laws ofthe State ofNorth Carolina, hereinafter referred to as "McAdenville"; the City of Mount Holly, a municipal corporation organized and existing under and by virtue of the laws of the State of North Carolina; the Town of Ranlo, a municipal corporation organized and existing under and by virtue oft the laws ofthe State ofNorth Carolina, hereinafter referred to as "Ranlo"; the Town of Stanley, a municipal corporation organized and existing under and by virtue oft the laws of the State of North Carolina, hereinafter referred to as "Stanley"; and Gaston County, a body politic of the State ofNorth Carolina, hereinafter referred to as "County" (Collectively the  "Participating Units");  WITNESSETH:  THAT, WHEREAS, Article 20 of Chapter 160A of the General Statues of North Carolina authorizes any unit oflocal government and any one or more other units of local government to enter into contracts or agreements with each other in order to execute any undertaking; and WHEREAS, the United States Government, through the U.S. Department of Housing and Urban Development ("HUD") administers aj program known as the HOME Program which was created  pursuant to Title II ofthel National Affordable Housing Act of1990; and  1  10    WHEREAS, the rules promulgated pursuant to said act contemplate the creation of consortia by units of local government to allow units that do not otherwise qualify for participation in the HOME Program due tot their size to SO qualify, by the creation ofa consortium; and WHEREAS, the parties hereto are contiguous units of local government and otherwise meet the definition of governmental units which can qualify for the HOME Program through a consortium WHEREAS, the basic purpose of the HOME Program is to expand the supply of decent, safe, and affordable housing, both owner occupied and rental housing for low and very low income WHEREAS, the parties hereto believe that it would be in their mutual best interest and in the best interest of their citizens to become eligible for this program and pursue available funding NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set 1. Purpose. The purpose of this agreement is to provide access to the HOME Program established by the National Affordable Housing Act of 1990 and administered by the United States Department of Housing and Urban Development and to comply with the rules promulgated by HUD pursuant to said act as found in 56 Federal Register, Page 2. Term. This agreement covers the period necessary to carry out all activities that will be funded from funds awarded for three federal fiscal years and the parties hereto will remain in the consortium for the entire period. The program year start date for the consortium is 2019, and all members oft the consortium are on the same program year for Renewal. Unless otherwise terminated by agreement in writing of all parties hereto or by termination of the HOME program by HUD, this agreement shall automatically be renewed for successive three-year qualification periods under the same terms and conditions. The parties agree that this agreement shall be amended to incorporate any changes necessary to meet the requirements for consortia agreements set forth in the Consortia Qualification Notice for any subsequent three-year qualification period. Any Participating Unit shall have the right to withdraw from the consortium at the beginning of any renewal period by giving notice in writing to Gastonia. For each renewal period, Gastonia shall, by the date specified in HUD's consortia designation notices, notify each of the Participating Units in writing ofi its right not to participate for that renewal period Participation. Gastonia, Belmont, Bessemer City, Cherryville, Cramerton, Dallas, Kings Mountain, Lowell, McAdenville, Mount Holly, Ranlo and Stanley shall only participate in the Down payment Assistance, which shall provide down payment assistance to the  created for that purpose; and  citizens;  pursuant to the terms ofthe rules governing same.  forth, the parties hereto do hereby covenant and agree as follows:  65339, et. Seq.  CDBG, HOME, ESG and HOPWA.  3.  and shall provide copies ofall such notifications to HUD.  4.  2  11    residents and the Rehabilitation Loan Program which shall provide rehabilitation assistance to existing homeowners of said municipalities. Said municipalities shall not participate in any other programs or qualify for any other types of assistance available 5. Lead Entity. Gastonia shall be designated as the lead entity for purposes of the HOME Program and shall assume overall responsibility for ensuring that the HOME: Program is carried out in compliance with the requirements of the HOME Program pursuant to the applicable rules promulgated by HUD and other requirements, including, but not limited to, the requirements concerning a consolidated plan in accordance with HUD regulations in 24 CFR Parts 91 and 92, respectively, and the requirements of24 CRF 92.350 ( (a)(5). 6. Statement of Capacity. As an "entitlement city" under the HUD Community Development Block Grant Program, HUD has determined that the City has the capacity  through the HOME. Program.  to execute the administration oft the HOME Program.  7. Cooperation. The parties hereto shall cooperate in executing such documents and providing such information to HUD as may be required to qualify the consortium created hereby for participation in the HOME Program. Furthermore, the parties hereby certify Policy Review Board. A policy review board shall be established by the parties which shall develop policies and procedures for the administration of this agreement and the Merger Clause. This agreement contains the entire agreement and understanding between the parties hereto and may be amended only by a subsequent written document executed by both parties. There are no oral understandings, terms or conditions between the parties that are not set forth herein and none of the parties has relied upon any representatives, expressed or implied, not contained in this agreement. Any prior agreements between the any of the parties hereto for the services provided for hereby are deemed merged into this agreement and shall not be enforced except as they may be 10. Counterparts. This agreement may be simultaneously executed in sufficient counterparts, one of which being retained by each of the parties hereto and each of which SO executed shall be deemed to be an original and shall together constitute but one in the same IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed in their respective names by their duly authorized officers and to have their seals hereunto affixed, all on  that they will affirmatively further fair housing.  8.  HOME program.  9.  consistent herewith.  instrument.  the day and year first above written.  3  12    TOWN OF DALLAS By: Mayor  ATTEST: CLERK  STATE OF NORTH CAROLINA COUNTY OF GASTON County, do certify that  I,  a Notary Public of the aforesaid State and  personally came before me  this day and acknowledged that she is the Clerk of the Town of Dallas, a North Carolina Corporation, and that by authority duly given and as the act of the Corporation, the foregoing instrument was signed in its name by its Mayor, sealed  with its corporate seal and attested by its Clerk.  Witness my hand and official stamp or seal, this the day of  2019.  Notary Public  10  13    TOWN OF DALLAS, NORTH CAROLINA  REQUEST FOR BOARD ACTION  DESCRIPTION: Black History Month Proclamation  AGENDA ITEMNO.5C BACKGROUND INFORMATION:  MEETING DATE: 1/8/2019  Black History Month, orl National African American History Month, is an annual celebration of achievements by black Americans and at time for recognizing the central role of African Americans in U.S. history. The event grew out of"Negro History Week," the brainchild ofnoted historian Carter G. Woodson and other prominent African Americans. President Gerald R. Ford officially recognized Black History Month in 1976, calling upon the public to "seize the opportunity to honor the too-often neglected accomplishments ofblack Americans in everyarea ofendeavor throughout our history." Since 1976, every U.S. president has officially designated the month of] February as Black History Month. Other countries around the world, including Canada and the United Kingdom, also devote ai month to celebrating black history. Ar resolution is attached recognizing February as Black History Month.  MANAGER'S RECOMMENDATION: Approve the resolution as presented.  BOARD ACTION TAKEN:  14    Proclamation of Black History Month 2019 National Black History Month  WHEREAS, throughout the month of February, Black History Month will be observed in our State and Nation as a tangible way of encouraging all citizens tol learn about and appreciate the contributions of African Americans and their impact on our past,  present, and future; and  WHEREAS, arriving in bondage, bur persevering toward freedom, African Americans WHEREAS, African American legends such as writer Maya Angelou, freedom fighter Harriet Jacobs, educator Dr. Charlotte Hawkins Brown, scholar John Hope Franklin, sport hero Michael Jordan, artist Romare Bearden, and musicians John Coltrane and Thelonious Monk went from being citizens ofNorth Carolina to citizens of the world; WHEREAS, North Carolina's African American history is celebrated and studied at State Historic sites' such as Historic Edenton, Charlotte Hawkins Brown Museum, Somerset Place, Historic Stagville, Reed GoldMine, Tryon Palace Historic Sites & Gardens, Roanoke Island Festival Park, and the N.C. Transportation Museum; and WHEREAS, Black History Month pays tribute to and reçognizes the numerous outstanding accompishments, past and present, that African Americans make to our NOW,THEREPORE, the Town of Dallas Board of Aldermen, as adopted this the 8th day of] January 2019, dol hereby proclaim February, 2019 as BLACKHISTORYMONTE and call upon the citizens of Dallas to observe' and commemorate Black History Month as weçelebrate. the accomplishments and contributions of African Américans.  helped build North Carolina and craft its unique character; and  and  community, state, nation, and the world;  - - Coleman, Mayor    ATTESTED:  CARU  Da'Sha Leach, Town Clerk  15    TOWN OF DALLAS, NORTH CAROLINA  REQUEST FOR BOARD ACTION  DESCRIPTION: 130 W. Trade St. Downtown Development Project Agreement  AGENDA ITEMN NO.7A BACKGROUND INFORMATION:  MEETING DATE: 1/8/2019  This item was continued from the December 11th Board of Aldermen meeting.  As discussed at the September 24th Work Session, Mr. Jim Bailey has decided to: renovate and save the building at 130 W. Trade St., ifpurchased. This decision triggered a change in the purchase price oft the building, necessitating a change in the Downtown Development Project Agreement. The appraised value oft the building in the previous agreement reflected ai reduction in value to provide for demolition oft the building. This change required that the purchase price int the Agreement be changed to $77,000, which is the appraised value of thel building without the Also, during the discussion it was determined that based upon the parking lot and walkway improvements already completed, as well as the planned dumpster site the Town is providing; the Board wanted to remove the Town obligation to provide a picnic shelter and recreational Attached is the revised Downtown Development Project Agreement, which includes the two At the October 9, 2018, this public hearing was scheduled tol hear comment concerning the agreement and to entertain a vote concerning the agreement. The public hearing was advertised on October 26, 2018 and November 2, 2018 in accordance with N.C.G.S $160-457, which states: "a notice of the public hearing shall be given once a week for two successive weeks in a newspaper having general circulation in the municipality, and the notice shall be published the first time not less than 10 days nor more than 25 days preceding the public hearing; and the notice shall disclose the terms of the sale, exchange or transfer. At the public hearing the appraised value of the property to be sold, exchanged or transferred shall be disclosed; and the consideration for the conveyance shall not be less than the appraised  demolition provision reduction.  facilities.  changes listed above.  value."  MANAGER'S RECOMMENDATION: To approve the Downtown Development Agreement as  presented.  BOARD ACTION TAKEN:  16    STATE OF NORTH CAROLINA COUNTY OF GASTON  DOWNTOWN DEVELOPMENT PROJECT AGREEMENT  THIS DOWNTOWN DEVELOPMENT PROJECT AGREEMENT, pursuant to N.C.G.S. THE TOWN OF DALLAS, NORTH CAROLINA, a North Carolina municipal corporation (hereinafter referred to as "TOWN") and SAMMY'S PUB OF DALLAS, INC. AND DALLAS PROPERTY HOLDINGS, LLC, with an office and place of business in Gaston  160A-458.3, made and entered into this the  day of  2019, by and between  County, North Carolina (hereinafter referred to jointly as "OWNER");  WITNESSETH:  WHEREAS, OWNER and TOWN intend to engage in and provide a Downtown Development Project located in the Town ofDallas, Gaston County, North Carolina, which will stimulate the local economy, increase the taxable property and business prospects of the Town, create jobs in the Town's Central Business District as a result of the Project; in addition, the project would have a significant effect on the revitalization on the Central Business District; and WHEREAS, as authorized by N.C.G.S. $ 158- 7. 1, 160A-456, 160A-457, and 160A- 458.3 the TOWN, has agreed to sell the surplus property and building located at 130 W. Trade Street, Dallas, NC, subject to restrictions, conditions, and covenants, for development of restaurant and office space (minimum of7,500 square feet), and: more particularly described as:  Lying and being in the Town of Dallas, N.C. and being the old Setzer building property, which is more particularly described by metes and bounds as follows: Beginning at al building corner, said corner being the Southwest corner of property owned by Laura. J. Stroupe as described in Deed Book 4754 at Page 1310, with said point and place ofl Beginning being located the following two (2) calls from a courthouse stone control corner: (1) North 01 degrees 15 minutes 09 seconds East 263.11 feet to another courthouse stone control corner and (2) North 32 degrees 16: minutes 32 seconds West 143.73 feet, crossing West Trade Street and both courthouse stones inscribed USGS,NCGS 1900); thence from the point of Beginning North 85 degrees 58 minutes 53 seconds West 56.91 feet to al building corner; thencel North 03 degrees 53 minutes 53 seconds East 120.68 feet to ai new drill hole in walkway; thence South 85 degrees 58 minutes 59 seconds East 57.25 feet to an iron pin set in the line of the Laura J. Stroupe property as described in Deed Book 4754 atl Page 1310; thence with the Stroupe property line South 04 degrees 03 minutes 20 seconds West 120.66 feet to the point and place of Beginning. Said property being  DOWNTOWN DEVELOPMENT: PROJECT AGREEMENT  Page 1  17    the full contents ofTract #1, containing 0.158 acres, as shown on that map or plat thereof  recorded in Plat Book  at] Page  in the Gaston County Register ofDeeds.  TOGETHER WITH that right ofway and easement for ingress, egress, and regress, said right of  way and easement being more particularly described as follows:  Beginning at a drill hole, said drill hole being located North 03 degrees 53 minutes 53 seconds East 120.68 feet from the Southwest corner oft the Setzer building, said drill hole also being the Northwest corner ofTract #1 as shown on that map or plat recorded in Plat Book in the Gaston County Register ofDeeds; and running thence from the point and place of Beginning North 14 degrees 461 minutes 00 seconds West 74.75 feet through Tract #2 to aj point; thence continuing through Tract #2 North 04 degrees 01 minutes 07 seconds East 138.55 feet to ap point on the South margin ofthe right ofway of Wilkins Street; thence along the south margin of the right ofway of Wilkins Street South 85 degrees 58 minutes 53 seconds East 24.00 feet to ap point; thence South 04 degrees 01 minutes 07 seconds West 134.58 feet through Tract #2 to a point; thence South 14 degrees 461 minutes 00 seconds East 78.94 feet through Tract #2 to a point on the North line ofTract #1 as shown on that map or plat recorded in Plat Book in the Gaston County Register of Deeds; thence North 85 degrees 58 minutes 59 seconds TOGETHER THEREWITH that right of way and easement for the installation, servicing and BEGINNING at ai nail set on the south margin oft the right ofway ofWilkins Street near the east margin oft the right of way of Holland Street, said nail set being thel Northwest corner ofTract #2 Register ofDeeds; thence from said point and place of BEGINNING South 57 degrees 40 minutes 29 seconds East 23.95 feet to aj point; thence South 42 degrees 0 minutes 30 seconds East 91.40 feet to aj point; thence South 03 degrees 56 minutes 07 seconds West 99.11 feet to a point; thence South 67 degrees 32 minutes 38 seconds East 57.42 feet to aj point; thence North 03 degrees 53 minutes 53 seconds East 192.11 feet to a point on the south margin oft the right of way of Wilkins Street; thence with the south margin ofthe right of way of Wilkins Street South 85 degrees 581 minutes 53 seconds East 20.0 feet to a PK nail, said PK nail being a corner oft the Laura J. Stroupe property as described in Deed Book 4754 at Page 1310: in the Gaston County Register ofDeeds; thence with the west line of the Stroupe property described above South 03 degrees 53 minutes 53 seconds West, passing an existing iron pin at 125.00 feet and another existing iron pin at 150.00 feet, a total distance of238.54 feet to aj point located within Tract #1 Gaston County Register of Deeds; thence North 86 degrees 02 minutes 27 seconds West 36.07 feet to a building corner located on the Gerald. J. Huggins property as described in Deed Book 4767 at Page 1939 in the Gaston County Register ofDeeds; thence along the north line ofthe Huggins property North 86 degrees 02 minutes 27 seconds West 25.35 feet to an iron pin set; thence with the north line oft the TAP Properties property as described in Deed Book 3284 at Page 247 in the Gaston County Register of Deeds North 86 degrees 01 minutes 48 seconds West  at] Page  at] Page  West 25.35 feet to the point and place of Beginning.  maintenance of utilities and drainage:  as shown on that map or plat recorded in Plat Book  at] Page in the Gaston County  as shown and described on that map or plat recorded in Plat Book  at] Page in the  DOWNTOWN: DEVELOPMENT PROJECT AGREEMENT  Page 2  18    25.11 feet to a building corner; thence with the north line oft the TAP Properties property as described in Deed Book 2815 at Page 924 in the Gaston County Register ofDeeds North 85 degrees 57 minutes 53 seconds West 21.24 feet to al building corner; thence North 84 degrees 50 minutes 42 seconds West 54.12 feet to aj paint mark at iron, said paint mark being located North 88 degrees 54 minutes 50 seconds East 1404.60 feet from NCGS "Hopeman" (N-175985.779M, E-411242.916M); thence North 03 degrees 561 minutes 45 seconds East 20.20 feet to aj point; thence South 84 degrees 501 minutes 42 seconds East 54.18 feet to a point; thence South 85 degrees 57 minutes 40 seconds East 21.23 feet to aj point; thence South 86 degrees 02 minutes 0 seconds East 25.13 feet to a point; thence South 86 degrees 02 minutes 27 seconds East 41.40 feet to aj point within Tract #1 described above; thence North 03 degrees 53 minutes 53 seconds East 10.59: feet to aj point; thence North 67 degrees 32 minutes 38 seconds West 73.25 feet to a point; thence North 3 degrees 561 minutes 07 seconds East 103.55 feet to aj point; thence North 42 degrees 01 minutes 30 seconds West 82.98 feet to a point; thence North 57 degrees 40 minutes 29 seconds West 14.52 feet to a point; thence North 03 degrees 57 minutes 12 seconds East 17.04 All oft the foregoing descriptions are taken from that map or plat entitled "Survey Made at the Request oft the Town of Dallas" dated February 27, 2018 and revised September 4, 2018 by. John  feet to the point and place OfBEGINNING.  W. Lineberger, Professional Land Surveyor, which is recorded in Plat Book  at Page in  the Gaston County Register ofI Deeds.  NOW, THEREFORE, in consideration of the foregoing, the benefits accruing to OWNER, the representations and mutual promises contained herein, the parties hereto agree  as follows:  1. Term. The term of this agreement (herein Agreement") shall begin upon execution and continue through the completion of construction and/or renovation ofai minimum 7,500 square foot building upon tract one, consisting of a minimum 5,000 square foot restaurant on the ground level and a minimum 2,500 of other enclosed space on the second level; and shall thereafter terminate upon the operation of a properly permitted, inspected, licensed, and fully functional restaurant upon tract #1 for a continuous and uninterrupted period of five (5) years, unless sooner terminated as 2. Project. The project (herein "Project") consists of the OWNER's purchase of TOWN owned land and building at 130 W. Trade Street, Dallas, NC, for $77,000.00, the renovation or demolition of the existing building, investment of seven hundred fifty thousand dollars ($750,000.00) in the renovation and/or construction of a new building or addition to the existing building and grounds, purchase of restaurant equipment, installation of equipment, and operation of a restaurant in the Town of Dallas, Gaston County, North Carolina. The completed project/restaurant when operational will provide new part-time and full-time employment for minimum of twenty (20) people with a minimum wage of $8.00 per hour in the downtown area. The completed project/restaurant when operational will continue uninterrupted as a  provided for herein.  DOWNTOWN DEVELOPMENT PROJECT AGREEMENT  Page 3  19    properly licensed and inspected restaurant for a period of five (5) years. The project also consists of the development by the TOWN of public facilities and other amenities on adjacent TOWN owned property, including but not limited to: a 24-foot easement for ingress, egress, and regress and a 15-foot easement for drainage and all  utilities as described above. 3. Construction.  a. The TOWN will employ the services of a Town Engineer, Johnny Denton. The Town Engineer will ensure that the construction, renovation and development of the restaurant and grounds proceeds according to Plans, Drawings, State and Local Building Codes, Zoning Ordinances, and other laws, regulations, and codes of the State of North Carolina, Gaston County, and the Town of Dallas. The OWNER agrees to cooperate with the Town Engineer in all aspects and will allow the Town Engineer to inspect all aspects of the development, construction, renovation documents, paper writings, etc. to ensure compliance with this Agreement and any and all State and Local Building Codes, Zoning Ordinances, and other laws, regulations, and codes of the State of North Carolina, Gaston County, and the Town of Dallas. The Town Engineer will not interfere with or communicate with code inspectors. Failure of the Agreement to address a particular permit, condition, term, or restriction does not relieve they owner of responsibility of complying with the law governing the permitting requirement, b. The OWNER will employ the services of a General Contractor for the The OWNER will immediately proceed without delay to employ the services ofa licensed professional architect/engineer to draft all appropriate plans and drawings for the construction/renovation project within sixty (60) days of closing. All plans and drawings shall be completed and submitted for inspection and approval by the TOWN, designee, agent, or Town Engineer prior to any construction, renovation and/or development of the project and within one hundred eighty (180) days of employing the licensed professional d. The OWNER agrees to immediately proceed without delay in obtaining the proper and appropriate permits from Gaston County and the Town of Dallas for the construction, renovation and development of the project and will apply for all appropriate and proper permits within thirty (30) days of the all final plans and drawings being approved TOWN, designee, agent, or Town Engineer. The OWNER will remain diligent in obtaining and procuring all appropriate and After all final plans and drawings are approved by the TOWN, designee, agent and/or the Town's Engineer and all appropriate and proper permits are obtained  conditions, terms, or restrictions. development ofthe Project.  architect'engineer.  proper permits.  DOWNTOWNI DEVELOPMENTPROJECT AGREEMENT  Page 4  20    the renovation and/or construction oft the project/restaurant shall be completed by After the completion ofrenovation and/or construction of the project/restaurant by the OWNER and the issuance ofa Certificate of Occupancy, the restaurant shall be properly licensed and inspected as a restaurant by the appropriate government The TOWN will construct and develop amenities, easements, and variances to the zoning code as provided for in Exhibit "A" attached hereto and incorporated herein by reference, on Tract 1 and Tract 2 as described herein. The construction and development of the TOWN amenities, easements, and variances will not interfere with the renovation, construction and development of the project/restaurant and grounds outlined in the above paragraphs by the OWNER, and will be completed prior to the OWNER'S completion of the proposed development oft the project/restaurant. Provided, however, any easements shall be completed and contained within the Deed to be prepared by the OWNER within  the OWNER within one (1): year, weather permitting.  officials.  sixty (60) days ofexecution ofthis Agreement.  4. Representations. OWNER makes the following representations as the basis for the  undertakings on its part herein contained:  Standing. The OWNER is a duly organized and existing North Carolina corporation under the laws of the State of North Carolina. The OWNER has the power and authority to enter into this Agreement, to perform its obligations under, and consummate the transactions contemplated by this Agreement, and is Continuity. The OWNER intends to operate the project as restaurant and offices within the' TOWN continuously and uninterrupted for five (5) years. OWNER will pay to the TOWN the prospective tax revenues based upon the tax value of the Timing. The OWNER agrees to close the purchase of the site on or before a date which is thirty (30) days after () Proper legal description for the property is prepared by the OWNER and (ii) the Project has been duly approved by TOWN governing body after due notice and public hearing, if required. Both events (i) and (i) above are express conditions precedent to OWNER's performance hereunder. Furthermore, OWNER shall be entitled to terminate this Agreement at any time for any or no reason within sixty (60) days oft the date ofthis Agreement, upon which the Owner shall ifnecessary re-convey the Property back to the Town immediately. OWNER agrees to create a minimum of 20 part-time and full-time jobs, paying an average wage of $8.00 per hour at this location of 130 W. Trade Street, Dallas, N.C. OWNER agrees to operate a fully functional, properly  authorized the execution and delivery oft this Agreement.  property as determined in the ordinary course.  DOWNTOWN DEVELOPMENT PROJECT AGREEMENT  Page 5  21    permitted and licensed restaurant continuously and uninterrupted for a period of  five (5): years.  5. Covenant. The OWNER covenants and agrees to make the investment, pay the taxes, create the jobs, pay the wages and upon completion of construction, operate a fully functional, properly permitted, inspected and licensed restaurant, continuously and uninterrupted for a period of five (5) years in accordance with the purposes and/ or under the restrictions, covenants and conditions as set forth herein and/or contained 6. Conveyance. In exchange for the investment by the OWNER, the creation of new jobs paying the average hourly rate as stated herein by the OWNER and the operation ofa fully functional, properly permitted and licensed restaurant, continuously and uninterrupted for a period of five (5) year restaurant by OWNER all of which shall take place and be located at 130 W. Trade Street, Dallas, N.C., the TOWN agrees to sell, grant and convey the property at 130 W. Trade Street, Dallas, N.C. for $77,000.00, subject to restrictions, conditions and covenants within time parameters set forth in this agreement, in addition to the restrictions, conditions and covenants that run with the land and included in the Deed. OWNER shall submit appropriate documentation of expenditures or information needed to show compliance with the Agreement including but not limited to: investment, job creation requirements and operation of a restaurant by OWNER at 130 W. Trade Street, Dallas, N.C. for an 7. Limitation. The Property provided in accordance with this contract is to be used for economic development purposes, community development purposes, and/or downtown development project purposes in accordance with N.C.G.S. S 158- 7.1, 160A-456, 160A-457, and 160A-458.3 of the TOWN for the renovation, construction, development, and operation ofai restaurant by OWNER at 130 W. Trade 8. Records. The OWNER agrees that it will supply to the TOWN, or designee, agent, Town Engineer, or auditor, good and sufficient, certified and auditable evidence of the OWNER's compliance with the terms and conditions of this Agreement and the restrictions, and covenants within the deed and such records, information, reports and verification relating to expenditures of funds or the operations of the OWNER as may reasonably be requested by the TOWN. The OWNER agrees that the TOWN shall have access to the records and premises of the OWNER at all reasonable times, and the OWNER agrees to submit such reports as the TOWN shall request pertaining to the renovation, construction and development and/or the operations of the restaurant as the TOWN deems necessary to verify compliance. The OWNER shall maintain a written accounting and documentation of all of its receipts and disbursements from any lending institution relating to the project which are the subject oft this Agreement.  in the Deed to the property.  uninterrupted period of five (5): years.  Street, Dallas, N.C.  DOWNTOWN: DEVELOPMENT PROJECT AGREEMENT  Page 6  22    9. Termination. This Agreement shall terminate and the OWNER shall bei in breach, as determined by the TOWN, which shall include but not limited to the following  reasons:  a. Failure to use the Property in accordance with this Agreement;;  b. Failure toj pay taxes;  C. Failure to comply with the terms and conditions oft this Agreement;  d. Submission to the TOWN of reports which are incorrect or incomplete in any . Frustration or impossibility of performance, rendering the carrying out of this Transfer of title to the property prior to fulfillment of all requirements of this In addition, failure to make satisfactory progress towards renovation, construction, completion and operation of a restaurant per the above paragraphs and/or making the investment in the property as set forth herein. h. Failure to operate of a fully functional, properly permitted and licensed restaurant, continuously and uninterrupted for a period of five (5). years. 10.Job Requirement. The new jobs to be created by the Project must be filled by employees hired after the effective date oft this Agreement whose wages are subject to withholding under Article 4A ofChapter 105 oft the North Carolina General Statutes. 11.N Non-Assignment. This Agreement is expressly non- assignable without the prior 12. Extension. The TOWN may execute an extension of this Agreement in its discretion and in accordance with such additional conditions as it may require. 13. Waiver or Release. TOWN may waive violations or release and terminate any ofthe foregoing requirements at any time. Said Release or Waiver may be recorded in the 14. Termination. The TOWN may terminate this Agreement, as set forth herein, for failure to make the investment in the property, for failure of the project, or violation  material respects;  Agreement improper or unfeasible;  Agreement, without the prior written consent ofthe TOWN;  written consent and approval oft the TOWN.  Gaston County Registry.  or breach ofany oft the terms ofthis Agreement. 15. Notice. Notice may be given as follows:  DOWNTOWNI DEVELOPMENT PROJECT AGREEMENT  Page 7  23    To the TOWN: Town of] Dallas Manager 210 Holland Street Dallas, NC 28034  To the OWNER: Mr.. Jim Bailey 1196 Noles Dr. Mt Holly, NC 28120  16. Jurisdiction and Venue. This contract shall be construed under the laws of the State of North Carolina. Any controversy or claim arising out of this Agreement shall be settled or resolved by an action initiated in Gaston County, North Carolina. 17.S Severability. If any provision of this Agreement is deemed to be invalid or unenforceable it shall not affect the validity or enforceability of any other provision 18. Recording. The TOWN shall record the Downtown Development Project Agreement with the Gaston County Register ofDeeds within fourteen (14) days of the execution ofthis Agreement. The burdens are binding upon, and the benefits oft the Downtown Development Project Agreement shall inure to, all successors to interest to the parties  ofthis Agreement.  ofthe Agreement  IN WITNESS WHEREOF, the TOWN OF DALLAS, N.C. has caused this instrument to be signed in its municipal corporate name byi its duly elected Mayor and its seal tol bel hereunto affixed by the Town Clerk, all by authority of its Board of Alderman and the OWNER has caused this instrument to be executed ini its company name by its duly authorized representatives  both the day and year first above written.  EXECUTED this  day of  20  TOWN Town of Dallas By:  OWNER By:  Sammy's Pub of] Dallas, Inc. Jim Bailey, President  Maria Stroupe, Town Manager  Dallas Property Holding, LLC Jim Bailey, Managing Member  By:  Rick Coleman, Town Mayor  DOWNTOWNI DEVELOPMENT PROJECT AGREEMENT  Page 8  24    ATTEST:  Approved As To Form and Legality  Town Clerk  Town Attorney  DOWNTOWN DEVELOPMENT PROJECT AGREEMENT  Page 9  25    NORTH CAROLINA GASTON COUNTY  I, the undersigned, a Notary Public in and for said County and State, do hereby certify that MARIA STROUPE personally appeared before me this day and acknowledged the due  execution of the foregoing document.  This the  day of  2019.  (SEAL)  Notary Public  My Commission Expires:  NORTH CAROLINA GASTON COUNTY  I, the undersigned, a Notary Public in and for said County and State, do hereby certify that RICK COLEMAN personally appeared before me this day and acknowledged the due  execution oft the foregoing document.  This the  day of  2019.  (SEAL)  Notary Public  My Commission Expires:  DOWNTOWN DEVELOPMENT PROJECT AGREEMENT  Page 10  26    NORTH CAROLINA GASTON COUNTY  I, the undersigned, a Notary Public in and for said County and State, do hereby certify that Jim Bailey, President of Sammy's Pub of Dallas, Inc. personally appeared before me this day and acknowledged the due execution oft the foregoing document on behalfofOWNER  This the  dayof  2019.  (SEAL)  Notary Public  My Commission Expires:  NORTH CAROLINA GASTON COUNTY  I, the undersigned, a Notary Public in and for said County and State, do hereby certify that Jim Bailey, Managing Member ofDallas Property Holding, LLC personally appeared before me this day and acknowledged the due execution of the foregoing document on behalf of  OWNER.  This the  day of  2019.  (SEAL)  Notary Public  My Commission Expires:  DOWNTOWN. DEVELOPMENT PROJECT. AGREEMENT  Page 11  27    EXHIBIT "A"  1.In addition, the Town shall construct a 24 foot easement for the benefit of Owner for ingress, egress, and regress across Tract #2 as shown on the Survey by John W. Lineberger and  dated. July 17,2018.  2. The Town shall also grant Owner a 15 foot drainage and utility easement as shown on 3. The Town shall seek and obtain a variance from the existing City Ordinance to allow a 4. The' Town shall provide an enclosed dumpster site for use by thei restaurant  Tract #2 oft the Survey by John W. Lineberger and dated July 17,2017.  zero foot front setback along a major thoroughfare.  DOWNTOWN DEVELOPMENTPROECT AGREEMENT  Page 12  28    TOWN OF DALLAS, NORTH CAROLINA  REQUEST FORI BOARD. ACTION  DESCRIPTION: Audit Presentation AGENDA ITEMNO.8A BACKGROUND INFORMATION: 2017-18 Independent Auditors' Report.  MEETING DATE: 1/8/2019  Auditors from Lowdermilk Church & Co., L.L.P. will bei in attendance to present the Fiscal Year  MANAGER'S RECOMMENDATION: BOARD ACTIONTAKEN:  29    TOWN OF DALLAS, NORTH CAROLINA  REQUEST FOR BOARD ACTION  DESCRIPTION: Offer to Purchase Town-owned Parcel #219116  AGENDA ITEMNO.8B BACKGROUND INFORMATION:  MEETING DATE: 1/8/2019  Mr. Robert Cearley, FPR Dallas LLC, has made an offer to purchase 11.52 acres ofTown-owned property on W. Robinson St. adjoining Gaston Fence Co. Inc. located at 766 Friday Park Road. Ifapproved by the Board of Aldermen, the terms oft the offer will be published under N.C.G.S. A city may receive, solicit, or negotiate an offer to purchase property and advertise it for upset bids. When an offer is made and the council proposes to accept it, the council shall require the offeror to deposit five percent (5%) of! his bid with the city clerk, and shall publish ai notice of the offer. The notice shall contain a general description of the property, the amount and terms of the offer, and a notice that within 10 days any person may raise the bid by not less than ten percent (10%) of the first one thousand dollars ($1,000) and five percent (5%) of the remainder. When a bid is raised, the bidder shall deposit with the city clerk five percent (5%) of the increased bid, and the clerk shall readvertise the offer at the increased bid. This procedure shall be repeated until no further qualifying upset bids are received, at which time the council may accept the offer and sell the property to thel highest  Attached is the offer to purchase.  $160A-269 and be open for upset bids as outlined in the Statute below.  bidder. The council may at any time reject any and all offers.  Ar resolution to accept the offer, along with the parcel map and report are attached.  MANAGER'S RECOMMENDATION: Approve the resolution to accept the offer to purchase  and enter into an upset bid process for the sale ofl Parcel #219116.  BOARD ACTION TAKEN:  30    Resolution to Accept an Offer to Purchase  Proposing to. Accept an Offer to Purchase Parcel #219116  WHEREAS, the Town of Dallas owns an 11.52 acre tract of land located at W. Robinson  St., being further identified as Gaston County Tax Parcel 219116; and WHEREAS, the Town currently does not utilize this site; and  WHEREAS, the Town has received an offer from FPR Dallas LLC, P.O. Box 100, Dallas, NC to purchase this parcel totaling.11.52 acres, as shown on theâttached plat; and WHEREAS, the Town has determined thatis particular parcel is notbeing considered NOW, THEREFORE BE. ITI RESOLVED that the Board of Aldermen of the Town of Dallas proposes toa accept the offer to purchase the designated property submitted by BE IT FURTHER RESOLVED that, upon filing of the required bid deposit as noted in N.C.G.S. $160A-269, the Town shall publishanoticeof the offer providing a ten day period inwhich an upset bid, as defined in N.C.G.S. $160A-269, can be submitted.  for any futuré useby the Town.  FPR Dallas LLCin the amount of $115,200.00.  Adopted. this the 8th day of January, 2019,  Rick Coleman, Mayor  ATTESTED:  Da'Sha Leach, Town Clerk  CARDL  31    FPR DALLAS LLC ROBERT CEARLEY PO BOX100 DALLAS NC 28034 December 6, 2018 TOWN OF DALLAS 210 N. HOLLANDST DALLAS NC 28034  REF: PROPERTY (11.52 ACRES) DEED BOOK: 4374 DEED PAGE: 1517 PARCEL: 219116 PIN#:  3547850009  AFTER REVIEW OF SAID PROPERTY, WE WOULD LIKE TO MAKE THE TOWN AN OFFER TO PURCHASE. THERE ARE 11.52 ACRES ANDI WE WILL PAY $10,000.00 PER ACRE, MAKING THE PURCHASE PRICE AT  TIME OF CLOSNG,5115,200.00.  THANKS 2t ROBERT CEARLEY FPR DALLAS LLC 704-842-0099    32    Print Map and Report  Page 10 of1    C 3 E a G3  BRA  N  Tax Information  Election Information PRECINCT NAME: DALLASI POLLING PLACE: TOWN OF DALLAS FIRE DEPARTMENT POLLING ADDRESS: 209 W.I MAIN STREET WARD#: CONGRESS REPRESENTATIVE: MEMBER PATRICKI MCHENRY CONGRESSIONAL DISTRICT: 10 HOUSE REPRESENTATIVE: REPRESENTATIVE KELLYE. HASTINGS (REP) HOUSE DISTRICT: 110 SENATOR: SENATORI KATHY HARRINGTON (REP) SENATE DISTRICT: 43 Parcel Information POLICE DISTRICT: DALLAS FIRE DISTRICT: DALLAS EMS RESCUE: STATION #: GEMS STATION1 FLOOD: CENSUS TRACT:: 309.01  DEED TYPE: DEED BOOK: 43741 PAGE: 1517 DEED RECORDINGI DATE: 00/00/0000 SALES AMOUNT: $0 PLAT BOOK: PAGE: LEGAL DESC. 1:. LEGAL DESC. 2: STRUCTURE TYPE: YEAR BUILT:0 SQUARE FOOTAGE:0 BASEMENT: NO BEDROOMS: OBATHS:0 MULTI-STRUCTURES: NO ACREAGE: 11.52 DISTRICT CODE: 160 TAXI DISTRICT: TOWN OF DALLAS VOLUNTARY DISTRICT: AG MARKET LAND VALUE: $305,175 MARKET VALUE: $305,175 FARMI DISCOUNT: NO TAXABLE VALUE: $305,175  219116 Tax Information LOCATION: WROBINSON: ST PID: #:219116 PIN #: 3547850009 NBHD #: DA011 NBHDI NAME: WEST TRADE STREET TOWNSHIP DALLAS TOWNSHIP OWNER ID: 00626166 CURRENT OWNERS: : DALLAS TOWNOF MAILING. ADDRESS: :210 NHOLLANDST, DALLAS, NC 28034-1625  NO  JANUARY 1st OWNERS: DALLAS TOWNOF MARKET IMPV. VALUE: $0  Disclaimer: Thei information provided is nott tob bec considered: as al legal document or description. The map & parcel datai isb believedt tob be accurate, but Gaston County does not guarantee its accuracy. Values showna area as ofJ January 1,2015.- Document created for printing on1 12/17/2018  33  htps/gisgastiongoy.com/astondisPimnMapAndReportasp*  12/17/2018    TOWN OF DALLAS, NORTH CAROLINA  REQUEST FOR BOARD ACTION  DESCRIPTION: Taking Pridei in Dallas Program  AGENDA ITEMI NO.8C BACKGROUND INFORMATION:  MEETING DATE: 1/8/2019  At the. January 22, 2018 Work Session, the Taking Pride in Dallas Program was put on hold to be discussed in April 2018. The program was not discussed in April and has continued tol be on hold. Alderwoman Thomas has requested that the program bei reinstated. She has offered to take over thej program with no assistance from the Town. Since this was a' Town sponsored program, adecision should bei made whether tol keep the program as a Town-program, or to allow private  administration oft the program.  Attached is an email outlining her proposal.  MANAGER'S RECOMMENDATION: BOARD. ACTION TAKEN:  34:    Maria Stroupe From: Sent: To: Subject:  aceymomasyegmalcon Saturday, December 29, 20183:55PM Maria Stroupe Taking Pride in Dallas Yard of the Month  This is something I thought of andi implemented when I was first elected: my first term.. At thel boards request stopped it. For thel last few months lhave received several calls as to whyl no longer do it. Since this is something limplemented: myself1 would like to continue it. It cost thet town no money. Ip probably spend more: money in gas and give aways than the Town. I can purchase new signs myselfifIneed tol but ati numerous: request from Town residents I want tos start back in. January. Will this require. Board Action if the board has nothing to do with it?Iv would like for itt to be on thes sign! buti ift thats ai issue itc dont have to bel willj just take aj picture of the yard and send it to the Gazette. With SO many complaints ofl how the townl look If feel its inoperative tol keep everything that we are  doing positive for the town going.   Virus-free. www.avg.com  35