TOWN OF CRAMERTON BOARD OF COMMISSIONERS WILL CAUTHEN, MAYOR DEMETRIOS KOUTSOUPIAS, MAYOR PRO-TEMPORE COMMISSIONER SUSAN NEELEY: : COMMISSIONER DONALD RICE COMMISSIONER DIXIE ABERNATHY : COMMISSIONER RICHARD ATKINSON BOARD OF COMMISSIONERS MEETING THURSDAY,April 16, 2020 @ 6:00 PM G.M. MICHAEL COMMISSION CHAMBER prior to the meeting by calling 704-824-4337. Citizens with disabilities requiring special needs should contact Cramerton Town Hall three (3) days *Note 1: Due to the COVID-19 (Coronavirus) State of Emergency and ordered restrictions in North Carolina during the month of April 2020, this Cramerton BOC meeting will be held via teleconference. **Note 2: Information for the public to "listen-only" to this BOC meeting will be posted via the Cramerton 'sunshine" email; the Cramerton Facebook Page, and on the door of Cramerton Town Hall (155 N. Main St.). AGENDA 1. Call to Order and Determination of Quorum. 3. Adoption of Agenda for this meeting. 2. Invocation 4. Consent Agenda (Action Item): Consider approval of the consent agenda. Note: Ifanyi item requires further discussion, it should be removed from consent and placed appropriately on the agenda. a. Minutes . April 2, 2020 meeting minutes. (pages 31 to7) b. Budget Amendments for fiscal year (FY) 2019-2020 E BudgetAmendment. #2020-09 and #2020-10. (pages 8 to 9) 5. Agenda Items NOT Requiring a Public Hearing a. GCL MPO: Catawba Crossings Feasibility Study Funding Participation Action Item: Consider approval of funding for joint participation (Cramerton "local match") in the Catawba Crossings Feasibility Study. Note: Randi Gates oft the GCL MPO staff will join as a presenter. (pages 10 to18) b. Parks and Recreation River Amenities at South Fork Village (SFV) Apartments 1. Action Item: Consider abandoning (not reconstructing, SFV River Access and Fishing Pier due to its consistent destruction due to flooding. (pages 19 to2 20) ii. Goat Island Park 1. Playground Turf a. Action Item: Consider the replacement of Goat Island playground turf. (pages 21 to25) 1 6. BIG BOARD (pages 26 to 29) 7. Manager's Report a. COVID-19 (Coronavirus) - Verbal Updates Update from Two Rivers Utilities, Mr. Mike Bynum Additional updatel reports from Department Heads (if needed) 9. Topics of Discussion for Each Commissioners 8. General Staff Reports (as needed) 10. Public Comment Note: The public comment. section for the Cramerton BOC. April 16, 2020 meeting will be received via email and read during this section oft the meeting. Please see the end oft this agenda for "electronic public comment" rules. 11.Adjournment Thursday, May 7th @ 6pm Thursday, May 21st @ 6pm Upcoming BOC Meetings Wednesday, April 29th @ 9am to 2pm (Budget Work Session = via Zoom) Rules for electronic public comments" for the April 16, 2020 BOC Meeting The Board will hear public comment at the end oft the meeting by email only. Please email your comments to oaChmd-e. on or before Thursday, April 16, 2020 at 6:30pm. Please include your name and address and your comment will be read into the record at the appropriate time. Comments submitted anonymously will not be read into the record. Comments are limited to three minutes per comment. The Board will allocate no more than (20 minutes) per meeting to the reading of submitted Public Comment. Comments are to be directed to the entire board as a whole and not individuals. Comments are expected to be civil and within reasonable standards of courtesy. Comments that include vulgarity, slander, name calling, personal attacks or threats will not be I All comments will be maintained as a public record and included in the minutes of the meeting. read into the record. 2 2 STATE OF NORTH CAROLINA COUNTY OF GASTON TOWN OF CRAMERTON April2,2020 The Board of Commissioners for the Town of Cramerton met on Thursday, April 2, 2020 at 6:00 Board Members present: Mayor Cauthen, Mayor Pro Tempore Koutsoupias, Commissioners Susan Neeley, Donald Rice, Dixie Abernathy, and Richard Atkinson were present via Zoom. StaffPresent: David Pugh, Town Manager; Attorney Karén Wolter; Brad Adams, Police Chief; Josh Watkins, Planning Director; Joel Lineberger, Finance Director; and Wilene Cunningham, Call to Order and Determination of Quorum: Mayor Cauthen called the meeting to order at p.m., as a virtual meeting via Zoom. The meeting began at 6:10 p.m. Town Clerk. 6:10 p.m. and determined there was a quorum. Invocation: Commissioner Neeley offered the invocation. Agenda: A motion was made to adopt the proposed agenda by Commissioner Neeley and seconded by Commissioner Rice. Mayor asked each panelist to state their response to the motion. Commissioner Atkinson voted yes; Mayor Pro Tempore Koutsoupias voted yes; Commissioner Abernathy voted yes via text message. The motion passed by unanimous vote. Note: Therewill be no Public Comments Section for this April 2nd BOC meeting. Cramerton is working to: have a modified Public Comments Section for the April 16th BOC meeting, which will be held via teleconference. ConsentAgenda: Consider approval oft the consent agenda. a. Minutes February 20, 2020 meeting minutes. ii. March 5, 2020 meeting minutes. b. Finance 1.A Audit Contract 1. Final Martin-Starnes: & Associates Audit contract. A motion was made by Commissioner Rice to approve the proposed minutes and the final Martin-Starnes & Associates audit contract. Commissioner Neeley seconded the motion. Mayor asked each panelist to state their response to the motion. Commissioner Atkinson voted yes; Mayor Pro Tempore Koutsoupias voted yes; and Commissioner Abernathy voted yes. Commissioner Abernathy apologized as she was having issues with her laptop and her headset broke. She said shel had sent a text message tot the Town Manager with her approval of the agenda and she voiced her approval of the agenda at this time. Town of Cramerton- - April2, 2020-Page 1 3 Agenda Items not Requiring a Public Hearing a. Cramerton Board ofCommissioners Cramerton-MieAdenvlle Police and Fire Interlocal Agreements 1.A Action Item: Consider Approval of the final Police Services Interlocal Agreementbetiven Cramerton and McAdenville. The' Town Manager advised the Board per the memo in the agenda packet that the police department interlocal contract for $255,000.00 with a two year lock in with a five (5) percent lock in added to the contract was acceptable to the Town ofMcAdenville. Commissioner Atkinson asked Chief Adams ifthis contract was acceptable. Chief Adams stated yes. Mayor Cauthen stated there was a spirit ofunity between Cramerton and the Town ofMcAdenville. A motion was made by Mayor Pro Tempore Koutsoupias to approve the final police services interlocal agreement between Cramerton and the' Town ofMcAdenville. The motion was was seconded by Commissioner Rice. Commissioner Abernathy, Atkinson, and Neeley stated theiraffirmative votes via 2. Action Item: Consider Approval of the final Fire Services Interlocal Agreement between Cramerton and McAdenville. The Town Manager stated the contract for the fire services interlocal agreement is for $65,000.00 for three years. Chief Foulk stated he was comfortable with this agreement. The Town Manager stated there were some minor changes and they have been added by the attorney. The changes are "instead of firefighter 1 and 2, it should read NC certified firefighter. This is just a curriculum change with NCOSFM'; and "TSO requirements on hydrant maintenance has now been changed to once a year, not twice". A motion was made by Mayor Pro Tempore Koutsoupias to approve the final fire, services interlocal agreement between Cramerton and the Town of McAdenville. The motion was seconded by Commissioner Atkinson. Commissioners Abernathy, Neeley, and Rice stated their affirmative votes via 1. Action Item: Choose a new date to reschedule the FY 2020-2021 Budget Work Session. Recommendation is to reschedule for Tuesday, April 28th or Wednesday, April 29th. The Town Manager stated the budget meeting would probably be a Zoom meeting as the shelter in place requirement will remain in effect through the end of April. He advised the Board that a meeting could be scheduled in early May that does not fall on a regular scheduled meeting day. CommisionerAbematly stated that once she is able to return back to work that she will be really busy. Commissioner Neeley stated she will be busy once children are allowed to return back to school. Commissioner Rice stated he agreed with Commissioner Abernathy as he will have to schedule to take a day off from work and he would like to participate in several more Zoom style meetings SO everyone would be more comfortable using this type ofmeeting. Mayor Cauthen stated the budget meeting date could be placed on hold for al later date subject to change. Commissioner Atkinson stated this would be his first budget meeting as acommissioner. Attorney Wolter stated she recently was part ofal budget meeting held by another municipality via Zoom and that it went very well. A motion was Zoom. The motion passed by unanimous vote. Zoom. The motion passed by unanimous vote. Fiscal Year 2020-2021 Budget Work Session ii. Town ofC Cramerton- April2, 2020- Page2 4 made by Commissioner Rice to schedule the budget meeting for April 29, 2020. He asked that all materials be printed and delivered prior to the meeting. The Town Manager stated staff would do this. Commissioner Neeley seconded the motion. She stated she also wanted all materials printed and delivered prior to the meeting. Commissioner Atkinson asked what time would be meeting begin. The Town Manager stated the meeting would begin at 8:30 a.m. and should be completed between 1:00 and 2:00 p.m. Commissioner Abernathy, Commissioner Atkinson, and Mayor Pro Tempore Koutsoupias voted yes. The motion passed by unanimous vote. Manager's Report a. COVID-19 Coronavirus - Verbal Updates - The Town Manager stated Chris Dobbins, Director of Gaston County Department of Health and Human Services, spoke to him yesterday and continues toi recommend social distancing and the continuation ofother good practices. The Town Manager stated staffi is maintaining social distancing and some staff is working remotely. No active COVID-19 cases have been reported for the Town of Cramerton. Mayor Pro Tempore Koutsoupias asked what measures are being taken to protect the fire and police staff. Chief Adams advised safeguards are in place such as personal safety equipment and some officers and are working from home taking reports over the phone. Commissioner Rice stated that each fire truck has been equipped with two full suits with masks and gloves and eachi medical call is being treated as ap positive COVID- 19 case which will limit the number of firefighters going, into a home to treat the patient. Once the call has been completed, the responding firefighter is then decontaminated by another firefighter wearing a full suit with mask and gloves. No private vehicles are responding to calls. Mayor Cauthen and the Board thanked everyone for their service b. Bullet point updates. The Town Manager advised that Gaston County has postponed their development hearings until the end of May. He asked the Board to consider postponing public hearings until the social distancing restriction is lifted. Attorney Wolter recommended tracking recommendations by the state and county regarding emergency orders for sheltering in place and postpone public hearings. A motion was made by Commissioner Rice to postpone public hearings and follow the recommendations by the state and county emergency orders for sheltering in place and social distancing. The motion was seconded by Commissioner Abernathy. The Town Manager stated that as soon as the restrictions are lifted that Planning and Zoning would need to be allowed time to contact the public and send out notifications. Commissioner Rice amended the original motion that no public hearings will be scheduled or held until the state and county emergency restrictions have been lifted or amended to allow for public hearing meetings. Commissioner Abernathy seconded the motion. Commissioner Atkinson, Mayor Pro Tempore Koutsoupias, and Commissioner Neeley voted in the affirmative via Zoom. The motion passed by unanimous vote. The Town Manager provided an update on the wayfinding signage. The project needs to be rebid to produce additional bids. Commissioner Atkinson did some additional technical edits and Mr. Bizzell incorporated them. This new information should be out by next week. The Board thanked Commissioner Atkinson. Commissioner Atkinson stated that there are still no Gaston County sign companies on the list. The Town Manager stated the bid request can be sent during this time. Town ofC Cramerton April2,2 2020- Page3 5 to the Gaston County sign businesses. Mayor Cauthen asked that the local companies be placed on the bid list. Commissioner Atkinson stated there was noi mention ofthe alternates oft the DOT and non-DOT signs as two separate packages and no monument signs in the packet. The Town Manager stated the bids were for the poles and posts in this package as the priority was the wayfinding signage. The monument signs are the larger signs and would be bid at a different time in a different package. The bids can be sent out electronically now and the Board agreed. The Town Manager stated that due to the social distancing recommendation that no information has been distributed about placement of additional Veterans Memorial pavers. Mayor Cauthen stated he was not interested in adding this item to the staff to put on their to do list at this time. Mayor Pro Tempore Koutsoupias stated this was not a top priority item at this time and he would like to determine how many bricks are needed and their placement at the monument. Commissioners Rice, Neeley, Abernathy, and Atkinson agreed to delay the paver project. Update from Two Rivers Utilities, Mr. Mike Bynum. No report. The Town Manager will General Staff Reports call Mike Bynum regarding ai report. Additional update/reports from Department Heads. Police Department: Chief Adams stated he had nothing additional to report. Finance Department: The Finance Director stated the new auditor is being very aggressive. Field work is scheduled to begin on August 3rd. The town remains in good financial status. Parks and Recreation Department: No update.. Firel Department: No update. Planning and Zoning Department: The Planning Director stated the MT Land project is on delay due to the current COVID-19 restrictions. He stated he is reviewing information concerning state statute 160-D passed by the General Assembly which will require some massive text amendments to the town's ordinance which will need to be completed by the end of the year. The Planning Department continues to issue zoning permits and code enforcement continues to do inspections and look at sites. Town Clerk: Nothing to report. Attorney: Nothing to réport. Topics ofDiscussion for Each Commissioner Commissioner Abernathy said she was glad to be back with the Board as she has missed the last two meetings due to travel. She offered her commendation to the Parks and Recreation Advisory Board as they are such an amazing committee. She thanked staff for their work during this time and offered her best wishes to her colleagues for good health and for everyone to stay safe. Commissioner Atkinson stated his appreciation of staff, the police department, and fire department. He wished everyone good health and tos stay well. He stated last Thursday he attended al MPO virtual meeting. The Eighth Avenue: railroad underpass remains on thel list under railroads. Town of Cramerton- -April2, 2020-Page4 6 Mayor Pro Tempore Koutsoupias asked if Goat Island Greenway was open. The Town Manager stated yes. He asked for an update on thet town' 's website and the town! hall rehab project. The Town Manager stated ai few small items were recently completed at Town Hall and the project should soon be signed off as finished. Riley Lewis has been taking high resolution photos to be used for the website. Revize has amended the "So blessed" logo to a smaller font. The Town Manager stated the new website should be active as of April 16th. He also thanked everyone for Commissioner Neeley stated her thanks to all the first responders, staff, nurses, and grocery store employees. She reminded everyone to wash your hands fortwenty seconds. The Community Committee has prepared over 100 baskets using the donated milk jugs. She thanked Mayor. Pro Tempore Koutsoupias for his donation ofi milk jugs. The Easter Egg Scramble has been cancelled Commissioner Rice commented on the strength of leadership at all levels during this pandemic. He thanked the Parks and Recreation Department for keeping all the town's parks and greenways clean and open as they are being used more due to the COVID-19 virus. He stated the Mayor Cauthen reminded the Board: to continue to communicate with each other during this time and to think about what we need to take action on and how to support our citizens and small Adjournment. A motion was made by Commissioner Neeley to adjourn the meeting at 7:25 p.m. Commissioner Rice seconded the motion. Commissioner. Abernathy, Commissioner Atkinson, and Mayor Pro Tempore Koutsoupias voted yes via Zoom. The: motion passed by unanimous vote. being in attendance today and for everyone to stay safe and healthy. along with the River Sweep. planks on the Goat Island Lakewood Bridge look great. businesses. Mayor William Cauthen ATTEST: Wilene Cunningham, Town Clerk Town of Cramerton- Apil2,2020-Pages 7 Town of Cramerton Memo To: CC: From: Date: Re: Board of Commissioners David Pugh, Town Manager Joel Lineberger, Finance Director 4/14/2020 Consent Agenda Item for 4/16/20 meeting Attached for Board consideration are Budget Amendments #9 and #10 to reflect the authorization for expenditures within the General Fund as explainedi in thet following paragraphs. Proposed Amendment#9. This amendment is to reflect Board approval off funding at its March 5h meeting of MJC Renovations bid for the repair of restrooms at Central Park. This is an expenditure that was not budgeted and accordingly this proposed amendment will provide operating funds for the $15,500 repair project. This amendment will reduce fund balance by Proposed. Amendment#10. This amendment is to provide funding for the return of spring sport registrations for 396 different individuals. Governmental accounting does not permit offsetting previously collected revenues thus requiring the increase in budget authorization within the operating department to cover the refunds. Fund Balance will be restored by previously $15,500. collected funds when accounts are closed at year end. Conclusion and Recommendation: amendments is recommended. These Proposed Amendments are necessary to reflect previous Board discussions and to provide adequate funding within the recreation operating department. Approval of these 1 8 Town of Cramerton Budget Ordinance Amendments Fiscal Year Ending June: 30, 2020 BE IT HEREBY ORDAINED by thel Board of Commissioners that the Budget Ordinance of. June 6, 2019 is hereby Section 1.7 The following amounts are hereby appropriated for operations oft the Town of Cramerton and its activities amended as follows: for the fiscal year beginning July 1,2019 and ending. June 30, 2020 as shown below: Account 10-6120-350 10-3991-991 Debit $15,500.00 Credit $15,500.00 #9 Recreation-Repairs to Facilities Fund Balance Toj provided funding for repair of Central Park restrooms as discussed and approved by Board in 3/5/20 meeting Amount taken from MJC Rennovations quote #10 KeratonPogamlkea Refunds 10-6120-482 10-3991-991 $40,000.00 Fund Balance $40,000.00 Toj provide funding for spring sports registrations and Goat Island 5K event refunds resulting from COVID 19 cancellations. Section 2. Copies oft this amendment shall bej provided to the Town Finance Officer and Town Clerk to be kept on: file by them for the direction and disbursement ofTown funds. ADOPTED and effective this the 16th day of April 2020. William Cauthen, Mayor ATTEST: Wilene Cunningham, Town Clerk 9 CRARE TOWN OF CRAMERTON 1915 Manager Memo TO: Town of Cramerton Board of Commissioners FROM: David Pugh, Town Manager DATE: Thursday, April 16, 2020 Information/ Background RE: Gaston.Cleveland.tncon (GCL) MPO: Catawba Crossings Feasibility Study Local Match The Catawba Crossings Bridge project has continued to be a significant initiative for both Cramerton, the Montcross Area, and Gaston County. The current status to receive state funding for the project is for the GCL MPO to contact al large scale feasibility study. Below is "T wanted to give you all an update on how negotiations with Gannett Fleming have progressed over the last month or 50. With an initial scope and fee estimate of $781,716, we have been working hard to make reductions in the scope to get as close as possible to the $450,000 we have available from the SPR funding we were awarded. We have been able to get down to $498,988 without compromising the overall purpose of the feasibility study as outlined in the RFP./want to get approval from you allj for the additional local match that will be required before sending anything out to the larger consultant. selection committee. The table below shows the local match needed. for the. SPR Grant (which you've already. seen and ok'd), and the additional local match needed to get to the totalj fee estimate of $498,988. Please let me know ASAP if these amounts are something that your elected boards can approve when we come to them with the interlocal agreements necessary to get this project started. lanticipate that we could have some invoices by the end of this fiscal year, but the bulk email language from GCL-MPO staff Randi Gates: may end up being in FY21." 155 North Main St., Cramerton, North Carolina 28032 Phone: 704-824-4337 Fax: 704-824-8943 10 Catawba Crossings Feasibility Match Obligation by Population for FY 2019- Study Local 2020 MPA Population (2010) 10,076 4,165 79,290 71,741 165,272 SPR Grant Match $1,413 $584 $11,118 $10,060 Total Local Match $4,400 $1,819 Member Jurisdiction Belmont Cramerton Gaston County Gastonia Total %of Total 6.10% 2.52% 47.98% 43.41% 100.00% $23,175 Additional Local Match $2,987 $1,235 $23,502 $34,621 $21,265 $31,324 $48,988 $72,163 Source: U.S. Census Bureau, 2010 Census Per the chart above, Cramerton's "local match" for study participation is $1,819. The draft agreement template is also in the BOC agenda. Recommendation Staff recommends approval of participation amount of $1,819 and the agreement template (upon attorney review and approval). As mentioned, the Catawba Crossings Bridge project isa top priority for the Cramerton BOC as it has continued to be on the BOC Goals and Objectives list. Also, for a study of this size and scope (almost $500,000), Cramerton's participation funding amount is very fair. 1551 North Main St., Cramerton, North Carolina 28032 Phone: 704-824-4337 Fax: 704-824-8943 11 STATE OF NORTH CAROLINA COUNTY OF GASTON INTERLOCAL GRANT AGREEMENT WITH THE CITY OF GASTONIA FOR FUNDING THE LOCAL MATCH FOR THE CATAWBA CROSSINGS FEASIBILITYSTUDY This Agreement, made effective this the day of 2020, by and between the CITY OF GASTONIA, a North Carolina Municipal Corporation having a mailing address of PO Box 1748, Gastonia, NC 28053; CITY OF BELMONT, a North Carolina Municipal Corporation having a mailing address of PO Box 431, Belmont, NC 28012; TOWN OF CRAMERTON, a North Carolina Municipal Corporation having a mailing address of155 N Main Street, Cramerton, NC 28032; and GASTON COUNTY, a body politic and a political subdivision of the State of North Carolina having a mailing address of PO Box 1578, Gastonia, NC2 28053. WITNESSETH: THAT, WHEREAS, Article 20 of Chapter 160A of the General Statues of North Carolina authorizes any unit of local government and any one or more units of local government to enter into contracts or agreements with each other in order to execute any undertaking; and WHEREAS, Fixing America's Surface Transportation (FAST) Act allows for the allocation of State Planning and Research (SPR) funds to be available for certain specified transportation WHEREAS, the City of Gastonia has requested federal funding for the Catawba Crossings Feasibility Study, hereinafter referred to as the Project, in Gaston County, North Carolina; and, WHEREAS, the City of Gastonia has been designated as ai recipient to receive funds allocated to the North Carolina Department of Transportation (NCDOT) by the Federal Highway Administration (FHWA) up to and not to exceed the maximum award amount of $360,000 for the WHEREAS, NCDOT has allocated additional state funding, under State Bill 136-214, to provide WHEREAS, the City of Gastonia has agreed toj participate in certain costs and to assume certain WHEREAS, the City ofGastonia shall provide the non-federal match fort the reimbursablea amount, up to $22,500 and an additional $675 for SAP charges (cost incurred by NCDOT); and, WHEREAS, the City of Gastonia has contracted with Gannett Fleming, Inc. to perform the necessary services to complete the Catawba Crossings Feasibility Study; and, activities; and, Project; and, aportion ofthe non-federal match, in the amount of$67,500; and, responsibilities for project administration; and, 12 NOW,THEREFORE, in consideration oft the terms, conditions and covenants hereinafter set forth, iti is agreed between the parties hereto as follows: 1. PURPOSE: The purpose ofthis agreement is to set forth the terms and conditions under which The City of Belmont, Town of Cramerton, and Gaston County will provide monies to the City of Gastonia for local match costs associated with the Catawba Crossings PROJECT DESCRIPTION: The City of Gastonia shall engage the services of Gannett Fleming, Inc. to develop a feasibility study to evaluate a potential crossing ofthe Catawba River, providing a third parallel highway crossing connecting Gaston and Mecklenburg COSTS: The total Project cost is $512,489 and includes federal funding, state and local Feasibility Study. 2. Counties. 3. matches. See funding table below: FUND SOURCE SPR (Federal) to be reimbursed to the City of Gastonia SPR (Federal) to be used for SAP Charges State Match to SPR for Project State Match for SAP Charges Gaston County City of Gastonia City of] Belmont Town of Cramerton TOTAL AMOUNT $360,000 $10,800 $67,500 $2,025 $34,621 $31,324 $4,400 $1,819 $512,489 Utilizing aj per capita population breakdown ofthe total Non-Federal Local Match, the City of] Belmont shall pay a 6.1%] portion oft the local match in the amount of $4,400, the Town of Cramerton shall pay a 2.52% portion of the local match in the amount of $1,819, and Gaston County shall pay a 47.98% portion of the local match in the amount of $34,621. Local match portions shall be paid directly to the City of Gastonia. The City of Gastonia will bei responsible for another 43.41% portion ofthel local match in the amount of$31,324. REIMBURSEMENT: The City of Gastonia will bill the City of Belmont, Town of Cramerton, and Gaston County accompanied by appropriate documentation justifying the request for payment. The City of Belmont, Town of Cramerton, and Gaston County will reimburser the City ofGastonia: for costs within Toty-fie()daysofeept ofthei request. AGENCY: The City of Gastonia shall ensure the Project is completed within a reasonable time after the execution oft this Agreement. This Agreement is not to establish any kind of 4. 5. joint agency or partnership agreement between the parties. 2 13 6. ACCESS: The City of Belmont, Town of Cramerton, and Gaston County retain the right to inspect documents, materials, papers and other related items at any point in the Project, INSURANCE AND INDEMNITY: The City of Gastonia shall at all times indemnify, save, protect, and keep harmless the City of Belmont, Town of Cramerton, and Gaston County from all costs, loss, damage, liability, expense, penalty and fines which may arise from or be claimed against them by any person or persons, firms or corporations, for any injuries toj persons or property, or damage for whatever kind or character consequent upon or arising from this Agreement by reason ofany negligent act of the City of Gastonia, its DUPLICATE ORIGINALS: This Agreement shall be executed by the parties hereto in duplicate originals, each of which when executed shall constitute one and the same ENTIRE AGREEMENT: This instrument contains the entire Agreement between the parties, and no statement, oral or written, made by any party or agent of any party that is not contained in this Agreement shall be valid or binding. This contract may not be enlarged, modified or altered, except in writing signed by the parties and endorsed hereon. 10. NON-APPROPRIATION: In the event funds are not appropriated during the term of this Agreement for the subject matter herein described, and there are no other available funds by or with which payment can be made to the Vendor, this agreement is terminated. This Agreement will be deemed terminated on the last day of the fiscal period for which appropriations were received without penalty or expense, except to the portion of payment with proper notification to the City of Gastonia. 7. agents or employees. 8. Agreement. 9. for which funds have been appropriated and budgeted. 11. IRAN DIVESTMENT ACT CERTIFICATION REQUIRED BY N.C.G.S. 147-86.59(a). As of the date listed below, the vendor or bidder listed below is not listed on the Final Divestment List created by the State Treasurer pursuant to N.C.G.S. 147-86.58. The undersigned hereby certifies that he or she is authorized by the vendor or bidder listed Note: N.C.G.S. 147-86.59(a) requires this certification for bids or contracts with the various governmental entities of North Carolina, including Counties. The certification is required when a bid is submitted, when a contract is entered into, and when a contract is renewed or assigned. No vendor may utilize any subcontract found ont the State Treasurer's Final Divestment List. The List is updated every 180 days, and can be found at below to make the foregoing statement. ynctreusturer.comtm, 12. NORTH CAROLINA E-VERIFY CERTIFICATION. Applicability: Pursuant to North Carolina Session Law 2015-294, the certification is applicable for all contracts entered into by Gaston County, except for contracts solely for the purchase of goods, apparatus, supplies, materials, equipment, or contracts with specific other entities as described in NCGS 143-133.3, piggy-back contracts, and travel purchases. 3 14 13. CERTIFICATION: By signing and entering into this contract with Gaston County, I hereby certify that Icomply with E-Verify, the aforementioned Federal program used to verify the work authorization of newly hired employees working in North Carolina. I certify compliance with the E-Verification program pursuant to Article 2 ofChapter 64 of the North Carolina General Statutes. If applicable, I am also certifying that any subcontractor hired or used by me will comply with E-Verify, as described herein. 14. ADA. AND CIVIL RIGHTS CERTIFICATION OF COMPLIANCE. Ihereby certify that Icomply with all applicable federal civil rights laws, including the applicable provisions of the Americans with Disabilities Act. IN WITNESS WHEREOF, the parties hereto cause this agreement to be signed by their duly authorized representatives the day and year first above written. Agreel672.docx CITY OF GASTONIA By: Michael C. Peoples, City Manager ATTEST: Sherry H. Dunaway, City Clerk STATE OF NORTH CAROLINA COUNTY OF GASTON I, a Notary Public of the aforesaid County and State, do hereby certify that Sherry H. Dunaway personally appeared before me this day and acknowledged that she is the City Clerk oft the City ofGastonia and that by authority duly given and as the act of the municipal corporation, the foregoing instrument was signed in its name by its Manager, sealed with its corporate seal and attested by her as its City Clerk. WITNESS my hand and Notarial Seal, this the day of 2020. Notary Public My Commission Expires: 4 15 CITY OF BELMONT By: Adrian Miller, City Manager ATTEST: (Deputy) City Clerk STATE OF NORTHCAROLINA COUNTY OF GASTON 1, hereby certify that al Notary Public of the aforesaid County and State, do personally appeared before me this day and acknowledged that she is the (Deputy) ( City Clerk ofthe City ofBelmont and that by authority duly given and as the act oft the municipal corporation, the foregoing instrument was signed in its name by its Manager, sealed with its corporate seal and attested by her as its (Deputy) City Clerk. WITNESS my hand and Notarial Seal, this the day of 2020. Notary Public My Commission Expires: 5 16 TOWN OF CRAMERTON By: David Pugh, Town Manager ATTEST: (Deputy) Town Clerk STATE OF NORTH CAROLINA COUNTY OF GASTON hereby certify that I, a Notary Public of the aforesaid County and State, do personally appeared before me this day and acknowledged that she is the (Deputy) Town Clerk of the Town of Cramerton and that by authority duly given and as the act of the municipal corporation, the foregoing instrument was signed in its name by its Manager, sealed with its corporate seal and attested by her as its (Deputy) Town Clerk. WITNESS my hand and Notarial Seal, this the day of 2020. Notary Public My Commission Expires: 6 17 GASTON COUNTY By: Kim S. Eagle, County Manager Attest: Clerk to the Board STATE OF NORTH CAROLINA COUNTY OF GASTON hereby certify that I, a Notary Public of the aforesaid County and State, do personally appeared before me this day and acknowledged that shei is the Clerk to the Board ofGaston County and that by authority duly given and as the act of Gaston County, the foregoing instrument was signed in its name by its Manager, sealed with its seal and attested by her as its Clerk. WITNESS my hand and Notarial Seal, this the day of 2020. Notary Public My Commission Expires: 7 18 OFCRART Memo To: From: CC: Date: Re: Cramerton Mayor and Commissioners Eric Smallwood, Parks and Recreation Director Town Manager, David Pugh April 9, 2020 South Fork Village Apartment River Amenities Following the record setting flood inl February, staff had an inspection complete on all the River Piers and River Access we manage. We are still awaiting the full report, however our inspector, Larissa Coles with Odom Engineering gave me a verbal, definite recommendation thatt the South Fork' Village River Access The SFV River Access and Fishing Pier we originally constructed int the 2016, had repairs done tot them in 2017 after damage from at fallen tree and were majorly rebuilt in 2019 after the. June 20191 floods. and Fishing Pier are beyond repair and need to be dismantled immediately. Below are pictures of the current state of the amenities. Itis staff's recommendation to completely remove the amenities at this point and look to rebuild them ina better location in the future when their construction can be partnered with another river construction project to possibly lower cost. 19 2 20 OFCRART Memo To: From: CC: Date: Re: Cramerton Mayor and Commissioners Eric Smallwood, Parks and Recreation Director Town Manager, David Pugh April 9, 2020 Goat Island Playground Turf Repair Included are two quotes for repair and replacement of the Goat Island Playground. The first quote is for $60,393.07 andi includes Churchich Recreation removing the old turf. The second quote is for $48,793.07 The recommendation from Churchich is to replace the turf asi iti is currently unusable but reuse the brock pad (padding underneath the turf), reuse the gravel base andj just add at top layer, and reuse the existing Costs may increase if additional brock pad is needed in the amount of $50 per pad. Staff estimates we Up to this point, we have saved $28,225.00 in play ground cleanup sO the contactors could inspect the surfacing and we may be able to save an additional $11,600.00 if we remove the turf ourselves, resulting and the savings would come from Parks and Recreation Staff removing the turf. borders and nail boards. have 85-90% of the original padding. ina a total savings $39,852.00 21 Staff Perspective Staff has discussed the merits ofreplacing the playground turf OR going back to the mulch system and it isbasically as split-case 50/50 decision to the "yes" or' "no". Perspective for doing the turf replacement There is no doubt that adding the turf as an: amenity to Goat Island Park enhanced the public accessibility and positive outlook knowing that the, Goat Island playgrounds were easily accessible after a"normal" rain event. Within several months ofthe initial turf installation, the public definitely knew Goat Island was aj place to go to onas sunny day after a rain because the playgrounds were not a muddy There are two quotes from Churchich Recreation & Design. One isf for approximately $60,000 if Churchich removes all of the unusable playground turf. IfParks and Recreation staff perform an "in- house" removal of the unusable turf, the price of $48,793 is less than half of the original turf purchase and installation at $112,000. Basically, Churchich is "replacing" the flooded turf with new turf at no cost and charging the labor and installation at even less than their original price during summer 2019. Staff reached out to another playground material company forac comparison quote on new turf with installation and the quote from Barrs Recreation (Pittsboro, NC) came back at $87,622. Ifthe playground turf is going to be replaced, the costi is most likely not going be any less than the $48,793 As has been discussed, Parks and Rec.'s previous playground surface routine consisted of $3,000-54,000 worth of new mulch every spring. This is usually a replacement ofthe "top 1/3" ofmulch on top of an established mulch base. Compared to the $10,000 ofmulch (all layers), boarders, and cribbing, that was lost in the "also historic" flood event of June 2019, Parks and Rec. staffwas actually able to recover much of usable materials that go under the playground turf (i.e. the white "brock pads"). Also, it should be noted that had Cramerton decided in summer 2019 to not move forward with the playground turf and use the mulching system, it would have cost approximately $10,000. The "historic flooding" in February would have ripped up and destroyed that $10,000 worth of replacement mulch, boarders, and mess thanks to the success oft the playground turf. from Churchich at this point in time. cribbing had this been the summer 2019 replacement method. Perspective for not doing the turf replacement All of these positives and comparisons scenarios said, the fact remains that the "50% no, don't replace the turf" decision comes down to another historic flood could occur at any time (i.e. within a week after the new, replacement turf is installed). Cramerton has experienced multiple "historic" flooding events int the past three years and the last two events were only nine months apart (June 2019 and February 2020). Playground turf as with nearly all playground surface material has buoyancy to perform its purpose of a softer surface (compared to hardwood or concrete) for the youth using the playground. Therefore, if another flooding event occurs similar to February 2020 where the turf is under rushing flood water for over 24 hours, the turf will be strained to hold its position due to its buoyancy. Based on some items learned from February 2020 flooding, there are some different approaches that Churchich can perform during a second turf installation, but nothing will make the playground turf truly "flood proof". Yes, the product is able to withstand ocean: storm swells (examples in Charleston, S.C.)t that last 2-41 hours, but not the constant pressure of many hours under rushing flood water that occurs ont the South Fork River. 22 Churchich Recreation & Design (CRD of Hilton Head, Inc) 20 Towne Drive PMB 186 Bluffton, SC 29910 843-757-3156 Quote ADDRESS Town of Cramerton P.O. NUMBER to follow ACTIVITY Installation Turf churchich MGEATONSUESGN QUOTE# 1921 DATE 04/06/2020 DESCRIPTION by owner) new turf QTY 5,884 RATE AMOUNT Cleanup of damaged turf area (equipment furnished Shaw Play50 turf, glue, silica sand, seaming tape, 201 tons of 89 stone, PTI nailer, andl labor to install 1 11,600.00 11,600.00 7.75 45,601.00T SUBTOTAL TAX TOTAL 57,201.00 3,192.07 $60,393.07 Accepted By Accepted Date 23 Churchich Recreation & Design (CRD ofHilton Head, Inc) 20 Towne Drive PMB 186 Bluffton, SC 29910 843-757-3156 Quote ADDRESS Town of Cramerton P.O. NUMBER tot follow ACTIVITY Turf churchich MECAEATCNSCHIGN QUOTE# 1921 DATE 04/06/2020 DESCRIPTION new turf QTY 5,884 RATE: 7.75 45,601.00T AMOUNT Shaw Play50 turf, glue, silica sand, seaming tape, 201 tons of 89 stone, PT nailer, andl labor to install for each brock pad needed, $50.00 per sheet (unknown SUBTOTAL 45,601.00 3,192.07 $48,793.07 how many you may need) TAX TOTAL Accepted By Accepted Date 24 Quotation Barrs RECREATION 36 Diane Street Pittsboro, NC 27312 Date 4/13/2020 Estimate # 116229 Name Address Town of Cramerton Eric Smallwood 8Julian St Cramerton, NC 28032 Rep AKB Rate 8.50 1,700.00 6.00 Project Total 50,490.00T 1,700.00T 35,640.00T Description Qty 5,940 ea 5,940 U/M -Goat] Island" Turf Freight delivery to Belmont, NC the job, additional fees may be discussed. structure and two sets ofs swings. Barrs Recreation Courtesy Discount ***Quote is valid for 30 days BCIJ Burke Turf53 OZ covering approx 5,900 sq fty with an 8' falll height Installation of Your Commercial Equipment- completedi int typical soil conditions. *In atypical situations where excessive bedrock ise encountered such that a rock hammer or other heavy equipment is needed to complete installation of burke turfs surfacing under beanstalk structure, burke ***Customer to be responsible for site prep (stone base completed) -5,940.00 -5,940.00 All purchases subject to a5-7v week delivery schedule, unless otherwise noted. This quote is valid for 90 days. Payment terms are issuance ofPO, or 50% deposit with order, balance due upon delivery (orc completion ofinstallationi ifv we are providing that service). To accept this quotation, please sign and date on line below, and fax to (919) 781-5779 Thank you for your consideration. Ifan order is cancelled after production begins, there willl be a3 35%r re-stocking Subtotal $81,890.00 Sales Tax (7.0%) $5,732.30 fee_ Phone# # Toll Free Phone 919-781-4870 800-909-PLAY E-mail ashley@barsrec.com Web Site www.barrsrec.com Total $87,622.30 25 0 2 2 26 a S M S X & 0 W 27 3 S 3 D B 3 N 28 5 a A N S R 8 2 29