GASTONIA CITY COUNCIL MEETING AUGUST 16,2016-6:001 P.M.  GASTON COUNTY COURTHOUSE PUBLIC FORUM: ROOM-GASTONIA, NC  EXHIBIT PAGEI NUMBER  ITEMA: ITEMB: ITEMC: ITEMD: ITEME:  PRAYER - Councilman David Kirlin ADOPTION OF THEAGENDA  PLEDGE OF ALLEGIANCE - Mayor John Bridgeman AWARDS. CEREMONIES. ANDI PROMOTIONS (1) Proclamation- Recognizing Charlton Torrence, Jr.. PRESENTATION: Mayor John Bridgeman  D1  PRESENTATIONS  (1) Plaque Presentation tol Mrs. Donna McPhail in Appreciation of her Service on the Board of Adjustments-20 Years 1996-2016 (2) Plaque Presentation tol Mr. Matt Bradshaw in Recognition ofl his Service asl Historic District Commissioner 2015-2016 PRESENTATION: Councilman Jim Gallagher (3) NC State Parks Centennial Celebration Earth's Last Stand" Crowders Mountain State Park, Sunday, October 30, 2016 PRESENTATION: Mr. Larry Hyde, Park Superintendent (4) Recognition of Visiting Firefighters from Gotha, Germany PRESENTATION: Chief Phil Welch, Fire Department  ITEMF:  PUBLIC EXPRESSION: EACH PERSON ISI LIMITED TOATOTAL  OF FIVEMINUTES SPEAKINGTIME  CONSENT AGENDA  ITEM1: ITEM2: ITEM3:  DONATION OF OUT OF SERVICEFIRE DEPARTMENT. TURNOUT GEAR TOHUNTER HUSS HIGH SCHOOL BUDGET AMENDMENT #17-006 $38,106. TOI RECOGNIZE. A DONATION: FROM) PARKDALE. INC. TOPURCHASE! BULLET PROOF VESTS BUDGETAMENDMENT #17-008 $75.000AND. NORTHO CAROIMAD:PARIMENT OFTRANSPORTATON, CONGESTONMITCATON ANDAIR QVALTY.AMENDMENT TOA AGREEMENT FOR DESIGN ANDCONSTRUCTONOETHE INEBFKOERDONAIONRK PEDESTRIAN CONNECTOR BUDGETAMENDMENT#17-09 $34.991 RECOGNIZE ADDITIONAL REVENUEI FROM HUD BUDGETAMENDMENTZ #17-010 $40.000. MUNICIPALI NTERLOCALFINDING, AGREEMENT BETWEEN THE CITIES OF GASTONIA. AND] LOWELL TOFUND AD DOWNTOWN CORRIDOR: STUDY INTHE AMOUNTOF: $50.000 ($40.000-80%. $10.000-20%) FINALRECORDING CATAWBA HILISTOWNHOMES  ITEM4: ITEM5:  ITEM6:  PHASE4MAP6  -1-    GASTONIA CITY COUNCIL MEETING AUGUSTI6,2016-6.001 P.M.  GASTON COUNTY COURTHOUSE PUBLICFORUM ROOMI-GASTONIA,NC  EXHIBIT PAGE NUMBER  REGULARAGENDA  ITEM7:  PUBLICHEARING- A AMENDINCTHEUNTIED. DAVEIOMIENTORDNANCE/IDO/CIESSO SUBJECTHEARING INVOINVESANORDINANCEAMENDING TABLE27-LDEENED TERMS.TABLE71-I-TABLEOE USES AND ADDINGAI NEW/SECTONB246TATTOOSTUDIOS OF THE UNIFIED DEVELOPMENT ORDINANCE PRESENTATION: Mr. Jason Thompson, AICP, Planning Director  PRESENTATION: Mr. Ed Cross, Division Manager, Water Supply & Treatment  ITEM8: ITEM9:  PUBLICSAFETYC COMMITTEE REPORT PRESENTATION: Councilman Jim Gallagher, Chairman RECREATION. ADVISORY COMMISSION REPORT. PRESENTATION: Councilman David Kirlin, Chairman ANDE PROGRESS REPORTON WATER TREATMENT  ITEM10: TWORIVERSI DRINKING WATER QUALITYUPDATE  PLANTUPGRADE: PROJECT  ITEM11: CITY ATTORNEY'S REPORT ITEM12: CITYMANAGER'S: REPORT ITEM1 13: CITYCOUNCIL) REPORTS ITEM14: ANNOUNCEMENTS  PRESENTATION: Mr. L. Ashley Smith, City Attorney PRESENTATION: Mr. Edward C. Munn, City Manager  PRESENTATION: City Council Members  PRESENTATION: Mayor. John] D. Bridgeman  INDIVIDUALS REQUIRING ADA RELATED SPECIAL ASSISTANCE AT THIS PUBLIC MEETINGHEARING SHOULD CONTACT THE ADA COORDINATOR, CITY HALL, 181 SOUTH STREET, P.O. BOX 1748, GASTONIA, NC 28053-1748, AT (704) 866-6861 OR 711 FOR RELAY  SERVICEI USERS WITHIN 721 HOURS OF THEI MEETINGHEARING.  AG081616  -2-    JASTONIA Great Place. Great People. Great Promise. Proclamation  NC  WHEREAS, Mr. Charlton Kennedy Torrence, Jr., a native of Gastonia and lifelong resident,  who graduated from the old Gastonia High School where he pitched the onlys shutout against Shelby the American Legion World Series champions in 1945. He has served this community faithfully and tirelessly in both professional and volunteer roles for Economics and accepted into Officer Candidate School in Newport, Rhode Island, Mr. Torrence, served our nation during thel Korean War ini the US Navy as Gunnery Officer ont the USS Francis M. Robinson, an) Experimental Destroyer Escort; and career: in textiles, starting as a yarn buyer for Superior Yarns Mills, and rising to the position of VP of Sales for Clyde Fabrics, Textiles, Inc., and Dixie Yarns. Mr. Torrence also served as President oft the Combed Yarn Spinners Association; and Church wherel he has been ane elder, a deacon and a Sunday School teacher; and Schiele Museum, First Gaston Foundation and the Community Foundation of Gaston County. He has also served on the Grants Committee of CaroMont Health Foundation, and was instrumental in establishing the endowment programs for Crisis Assistance Ministry and the Schiele Museum. Mr. Torrence has been al loyal benefactor of the Schiele Museum, The Potter's House, Daniel Stowe Botanical Gardens, Gaston Hospice and Bit of Hope Ranch and is a member of the Rotary Club  moret than eight decades;and  WHEREAS, after graduating from Davidson College with. a double major in Business &  WHEREAS, Mr. Torrence then returned to Gastonia after his military service and began his  WHEREAS, Mr.Torrence! hass served this community asal lifelong member of First Presbyterian WHEREAS, Mr. Torrence has also served on the boards of Crisis Assistance Ministry, the  of Gastonia; and America and YMCA; and  WHEREAS, Mr. Torrence and his family have been. loyal supporters of the Girl Scouts of WHEREAS, Mr. Torrence was married tol his late wife, Mary Elizabeth Mason Torrence for 42 NOW: THEREFORE, IJ John D. Bridgeman, Mayor oft the City of Gastonia and the City Council of the  years and they raised 3 children, Elizabeth Ring T. Stafford, Catherine Mason T. City of Gastonia, dol hereby recognize Mr. Charlton Kennedy' Torrence, Jri for: alll his accomplishments and dedication to our country and the citizens of Gastonia and  Giles, Charlton K.Torrence III, whol livei in this community.  Gaston County. thousand: sixteen.  INI WITNESS THEREOF, Ihereunto set myl hand this 16th day of August in thes year of our Lord two  John D. Bridgeman, Mayor  ATTEST:  ShHAyA Aluaauny Sherry H. Dunaway, City Clerk  EXHIBIT D-1    City of Gastonia Fire Department "Nationally. Accredited Fire Service Agency: 2000-2016" 260N. Myrtle Schooll Rd, Gastonia, NC28052 Ofice: (704)-866-6806 Fax: (704)866-6052  August 1, 2016  To whomi itr may concern,  Gaston County Schools Career & Technical Education (CTE) Department launched the High School Firefighter Technology Program at Hunter Huss High School for the 2013/2014 school year. The Gastonia Fire Department has entered into an agreement to assist the school, when possible, with technical expertise along with some equipment Thei instructor for the program, Chief, Jerry Swift, has requested a donation of 54 pants and 48 coats of decommissioned protective clothing to be used for educational purposes only and nott to be used during fire suppression operations. This equipment has been stored at one of the stations for several years and we feel that it would be better suited as at tool fori the students wishing to learn more about having at fire service The Gastonia Fire Department is respectfully requesting that the attached resolution conveying the protective equipment to the Hunter Huss Firefighter Technology Program  usage.  career. be approved.  EXHIBIT 1-1  Phil) Welch Fire Chief  MapMigapekauonizcom    May 31, 2016 Chief Rutherford,  Asp per our conversation this past week, the Hunter Huss High School Firefighter tot thank the Gastonia Fire Department andi the City of Gastonia for this  to officially request the donation oft the Gastonia Fire Departments decommissioned Academy would like This equipment will be utilized duringt training for nont fires suppression operations protective clothing.  only. We would like  program. Thank You, Chief] Jerry Swift  generous donation to our  Hunter Hussh High School Fire Protection and Public Safety Program  EXHIBIT 1-2    RESOLUTION DECLARING DECOMMISSIONED PROTECTIVE CLOTHING SURPLUS PROPERTY AND CONVEYING SAME PURSUANTTO WHEREAS, the City of Gastonia is the owner of certain decommissioned protective WHEREAS, the Gaston County Board of Education has use for the Clothing for usei in the WHEREAS, the City of Gastonia cannot guarantee or warrant the fitness ofs said Clothing, and the transfer of such Clothing is not to be considered a general or specific warranty of WHEREAS, the acceptance of the Clothing by the Board of! Education is contingent the Board of Education taking it in an "as is" condition without any form or type upon of warranty and agreeing to use the Clothing for the Hunter Huss Firefighter Technology WHEREAS, North Carolina General Statute $ 160A-274 authorizes a governmental unit tosellt to another governmental unit anyi interesti inr real or personal property with or without WHEREAS, pursuant tol N.C.G.S. 160A-461, units of local governments are authorized to enteri into contracts or agreements with each other in ordert to execute. any undertaking; NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City decommissioned protective clothing to the Gaston County Board of Education to be used int the Hunter. Huss Firefighter Technology Program and: noti for fire suppression purposes. BE IT FURTHER RESOLVED that the City Manager or his designee is authorized to  G.S.S 160A-274  clothing ("Clothing")t that it no longer has use for; and Hunter Huss Firefighter Technology Program; and  any kind or a warranty of fitness for aj particular purpose; and  Program; and consideration; and  Gastonia  of  that the City of Gastonia shall sell without consideration 62 sets of  execute any documents necessary to effectuate the transfer.  Resolved this 16th day of August, 2016.  John D. Bridgeman, Mayor  ATTEST: City Clerk Res1799  EXHIBIT 1-3    Memorandum  To: From: Date: Re:  Mayor and City Council August 9th, 2016  Todd Carpenter, Assistant City Manager-Administration and Public Safety  Through: Ed Munn, City Manager  Budget Amendment 17-006 Recognizing al Donation from Parkdale Inc. fort the  Purchase of Body Armor for the Police Department  Parkdale Incorporated hasr made a donationi tot the Cityi int the sum of $38,1061 for the purchase ofbody armor for our police officers. The new armor will enhance and bei ina addition toi the officer'scurrent and  everyday body armor.  The attached budget amendment recognizes the donation.  Recommendation:  Staffrecommendsi the City Council approve the amendment and recognize the $38,106 donation.  EXHIBIT 2-1    City of Gastonia Budget Amendment  BudgetDept Amendment#  CBF 17-006  ADDITIONALFUNDS (Coumcila lapproves) TRANSFERS BETWEENFUNDS (Coundila approves) COUNCIL: MEETINGDATE:  August 16, 2016 Account Number  For Budget Use Only Existing Budget  Account Description  Increase (Decrease)  Revised Budget  Police Fields Services Supplies Misceallaneous: Donations  110-514-33000 110-514-335800  $38,106 $38,106  $57,900 $0  $96,006 $38,106  Doest thisa amendmenta adverselyi impact your operation? IrYes- Whatist thei impact?  Yes  No  REASON PORADJISIMENT SIGNATURES DATE APPROVALS DATE! Crry COUNCIL 8 414  Tor recognizer miscellaneous donation receivedt top purchase bullet-proofvests.  DATE DATE  Crysta CITY  Bla CAL  nptarhoday  EXHIBIT 2-2    MEMORANDUM  DATE: TO: FROM: SUBJECT:  August 1, 2016 EdN Munn, City Manager  Rusty Bost, Director of] Engineering/ City Engineer Item for August 16, 2016 City Council Agenda  NORTH CAROLINA DEPARTMENT OFTRANSPORTATION, CONGESTION MITIGATION. AND AIR QUALITY, AMENDMET TO AGREEMENT FORI DESIGN AND CONSTRUCTION OF THEI LINEBERGER/DOWNTOWN PEDESTRIAN On October 1, 2013 City Council approved an agreement between the City of Gastonia and the North Carolina Department of Transportation (NCDOT) where the City would receive funding from NCDOT through the Congestion Mitigation and Air Quality (CMAQ) Program for the Lineberger-Downtown Connector project. This project will connect Lineberger Park: and Downtown through a system of on street sidewalk improvements, such as filling in missing links, replacing broken sidewalk, and Thec original. project cost estimate was $343,750 with the grant paying 80% ($275,000) and the City match being 20% ($68,750), coming from GO Bond funds already budgeted for the project. Since that time, the project cost estimate has grown andi isI now estimatedi tol be $437,500. The project cost increases stem from ani increased construction cost estimate determined: after final design and by market cost increases realized. since original construction cost estimate was prepared. Another component of the project cost increase is related to construction testing costs not included in the original project estimated costs. The attached supplemental agreement is to increase the funding from CMAQ by $75,000, for a total of $350,000 in federal funding anda ani increase int the City'sportion of$18,750, fora at total City match of8 87,500. The local match would come from GOI Bond funds. The attached Budget Amendment recognizes the total increase  CONNECTORAND: BUDGET AMENDMENTH.7-008  intersection safety.  improving  inc CMAQ funding asi income ini the amount of $75,000. The agreement has been reviewed by the City Legal Department  RECOMMENDATION:  ITI IS, THEREFORE, RECOMMENDED CITY COUNCIL SHOULD APPROVE THE ATTACHED AGREEMENT. AND CORRESPONDING BUDGET AGREEMENT.  (Presentation: Rusty Bost) oBet Rusty Bost, PE  Director ofl Engineering/City Engineer  EXHIBIT 3-1    Budget) Dept Amendment# 17-008  CITY OF GASTONIA BUDGET AMENDMENT  LINEI ITEM TRANSFERS WITHIN BUDGET APPROPRIATION (City Manager approves unlimited amount between divisionsy withins appropriations) TRANSFERS BETWEEN. APPROPRIATIONS  (City! Manager approves unlimited (Council: approves) COUNCIL MEETING DATE:  between appropriations)  X ADDITIONALI FUNDS AND TRANSFERS BETWEEN FUNDS  August 16, 2016  FOR] BUDGET USEONLY EXISTING BUDGET  ACCOUNT: DESCRIPTION  ACCOUNTNUMBER INCREASE  REVISED BUDGET  (DECREASE)  2010 GOI Bond Sidewalk Projects Capital Outlay-General) Infrastructure  263-975-75010 263-975-348000  75,000 75,000  215000 22517  350,000 300147  NCDOT  Doest this amendment: adversely impact your operation? Yes  No  IfYes- Whati is thei impact?  REASON FOR ADJUSTMENT SIGNATURES  Tor recognize: revenue: from) NCDOT through CMAQf fort thel LinebergerDowntown Pedestrian Connector  ORIGINATOR  DEPARTMENT HEAD RBu CITY COUNCIL  DATE 82!16 08/01/16 DATE  ValgMldaugel DATE Margo M. Tatzel, Project Administrator  08/01/16 Rusty) Bost, PE, Director of Engineeing/City Engineer  APPROVALS DATE 08/01/16  CITYI MANAGER Edward C. Munn REV.02/08/95  DL  EXHIBIT 3-2    NORTH CAROLINA GASTON COUNTY NORTH CAROLINAE DEPARTMENT OF TRANSPORTATION  "SUPPLEMENTAL AGREEMENT  DATE:7/20/2016 TIP#: C-5562  AND  WBS ELEMENTS: PE 44109.1.1 FEDERAL-AID# CMS-1213(35) CFDA#: 20.205  CITYOF GASTONIA  CON 44109.3.1  OTHER FUNDING:  TOTAL SUPPLEMENTAL FUNDS [NCDOT PARTICIPATION $75,000  THIS AGREEMENT is made ande enteredi into ont the last date executed below, by and between the North Carolinal Department of Transportation, an agency oft the State of North Carolina, hereinafter referred toa as the Department", and the City of Gastonia, hereinafter referredi to as the" Municipality." WHEREAS, the Department and the Municipality on 11/1/2013, entered into a certain Project Agreementf fort the originals scope: constructing missing sidewalk links, crosswalks, and bicycle facilities top provide a connection between downtown Gastonia and Lineberger Park., programmed WHEREAS, the Municipality has requested additional time to complete the Project; and,  WITNESSETH:  under Project C-5562; and,  WHEREAS, additional funding! has been allocated tot the Project.  NOWTHEREFORE, the parties wish to supplement the aforementioned. Agreement whereby the  following provisions are amended:  Agreement ID! #6 6663  EXHIBIT 3-3    FUNDING  Thel Department's original participation was $275,000. Thel Department agrees tor reimburse the Municipality an additional $75,000 of Congestion Mitigation and/ Air Quality funds. The Municipality  willp provide $18,750 ast their local match.  REVISED FUNDING TABLE  Fund Source Federal Funds Reimbursement Non-Federal  Non-Federal Match Rate 20% 20%  Amount $275,000 $75,000  Rate 80% 80% $437,500  Match$ $68,750 $18,750  CMAQ CMAQ Total Estimated Cost  WORK PERFORMED BY NCDOT  Allv work performed by thel Department ont this Project, including, but not limitedt to, reviews, inspections, and Project oversight, duringa any phase oft the delivery oft the Project, shall reducet the fundinga availablet tot thel Municipality undert this Agreement. Thel Department will set aside ten percent (10%) oft thet total estimated cost, or $43,750, to use towards the costs related tor review and oversight oft this Project, including, but notl limitedt tor review and approval ofp plans, environmental documents, contract proposals, engineering estimates, construction engineering and inspection oversight, and otheri items asr needed to ensuret the Municipality's appropriate compliance with state and federal Int the event that thel Department does not utilize all thes set-aside funding, then thoser remaining funds willl be available forreimbursement to the Municipality att the abover reimbursement rate. For allo costs ofv work performed on the Project, whether incurred by the Municipality orb by the Department, the Municipality shall provide the non-federal match, as applicable. Thel Department will! billt the Municipality for the non-federal match ofa any costs that the Department incurs ont the Project and for  regulations.  any costst thate exceedt the Total Estimated Cost.  Agreement ID: #6663  2  EXHIBIT 3-4    IRAND DIVESTMENT ACT  Pursuant to G.S. 147-86.59, any personi identified as engagingi in investment activities inl Iran, determined bya appearing ont the Finall Divestment List created byt the State Treasurer pursuantto G.S. 147-86.58, isi ineligible toc contract with the State of North Carolina ora any political subdivision of the State. The Iran Divestment. Act of2015, G.S. 147-86.55 ets seq. requires that each vendor, prior toc contracting witht the State, certifyt that the contracting party meets the requirements ofti the Iran Disinvestment Act. The State Treasurer's Final Divestment List can bef found ont the State Treasurer's website att the address wancheasurr.comlean and willl be updated every 180 days. By execution oft this Agreement each Party certifiest that neitheri itr nor its Agents or ComtactorsSubcontacior: 1) are ont the Final Divestment List ofe entities that the State Treasurer has determined engages ini investment activities in Iran; 2)s shall not utilize on any contract with the State agency any subcontractor that isi identified ont thel Final Divestment List; and 3)t that the undersigned Duringt thet term oft this Agreement, shouldt the Partiesr receive informationi that a person is in violation oft the Act as stateda above, the Department will offer the person an opportunity tor respond and the Department will take actiona as appropriate and provided for byl law, rule, or contract. Should this Act be voided! by NC General Statute, this Agreement will remain valid; however this certification will no Except as! hereinabove provided, the Agreements heretofore executed by the Department and the Municipality on 11/1/2013: and 4/17/2015, is ratified and affirmed as therein provided.  are authorized byt the Parties tor make this Certification.  longer ber required.  Agreement ID# #6663  3  EXHIBIT 3-5    INV WITNESS WHEREOF, this Agreement has been executed, in duplicate, the daya and year heretofore set out, ont the part oft the Department and thel Municipality by authority duly given.  L.S. ATTEST: BY: TITLE: DATE:  CITYOF GASTONIA BY: TITLE: DATE:  NCGS1 133-32 and Executive Order 24, prohibitt the offer to, or acceptance any gift from anyone with a contract with the State, ori from any promised by anye employees ofy your organization. Approved by. attested tob by the signature of_  State by, any Employee of offered, accepted, or  the State. By execution ofa any response int this procurement, persons seeking to dol business with andi its employees or agents, thaty you are nota aware that any such you attest, gift! has fory been your entire organization  (Governing Board) oft the City of Gastonia as This instrument has been pre-audited int the manner required by the Local Government Budget and  Clerko oft the  (Governing Board) on_ Fiscal Control Act.  (Date)  (SEAL)  (FINANCEOFFICER) Federal Tax Identification Number Remittance. Address: City of Gastonia  DEPARTMENT OF TRANSPORTATION  BY:. DATE:  (CHIEF ENGINEER)  APPROVED BYI BOARD OF TRANSPORTATIONI ITEM O:  (Date)  Agreement ID# #6663  4  EXHIBIT 3-6    GASTONIA Great Place. Greatl People. Greatl Promise. Housing and Neighborhoods MEMORANDUM  DATE: TO: FROM: THRU:  August 16, 2016 Mayor and City Council  Vincent C. Wong, Housing and Neighborhoods Administrator  Edward C. Munn, City Manager  SUBJECT: BUDGET. AMENDMENT17-009  Attached Budget Amendment is for increase of revenue from Housing and Urban Development (HUD). Reinvestment in Communities (RIC) recently has resigned as the lead agency of the Continuum of Care (CoC), as part of the process they are relinquishing their planning grant funds tot the City of Gastonia. The amount of the grants being relinquished is $32,433.00. In addition, the City of Gastonia has been notified by HUD our HOME allocation has been increased from $602,989.00 to $605,547.00a1 increase of $2,558.00.  Recommendation revenue: from HUD.  Staff recommends that City Council approve the budget amendment to recognize the increase in  EXHIBIT 4-1    City of Gastonia Budget Amendment  BudgetD Dept Amendment# 17-009  CE  ADDITIONALFUNDS (Councila approves). TRANSFERS BETWEENFUNDS (Councila approves) COUNCIL MEETING DATE:  August 16,2 2016 Account Number  For] Budget Use Only Existing Budget $0.00 $0.00  Account Description Comm Dev Block Grant CD/Housing Rehab COC Comm] Dev Block Grant CD/Housing Misc. HomeI Investment Trust Fund Home Program Direct Homeowner Assistance Home Investment Trust) Fund Home Program Federal Home Program  Increase (Decrease) $32,433.00 $32,433.00  Revised Budget $32,433.00 $32,433.00 $267,082.00 $605,547.00  621-721-33070 621-721-335000 624-719-42030 624-719-349100  $2,558.00 $264,524.00 $2,558.00 $602,989.00  Does thisa amendmenta adverselyi impacty your operation? IfYes- Whati ist thei impact?  Yes  No X  REASON FORA ADJUSTMENT  Increase off fundingo OfHUDE Home allocation.  SIGNATURES DATE DEPARTMENTI HEAD 8B/6 APPROVALS DATE CITY COUNCIL  ORIGINATOR CITYN MANAGER  DATE DATE  Vincent C. Wong WET  Exhibit 4-2    MEMORANDUM  TO: DATE:  Edward C. Munn, City Manager  FROM: Hank Graham, AICP, Principal Transportation Planner/GCLMPO Coordinator  August 16, 2016 budget amendment.  SUBJECT: Municipal Interlocal Funding Agreement between the Cities of Gastonia and Lowell  for the funding of the Lowell Downtown Study in the amount of $50,000 and  Background  The attached Interlocal funding agreement is a use of Federal Transportation Planning (PL) grant funds. As required these funds come to the City of Gastonia as the Lead Planning Agency for the Gason.Clevelamè-lincoln Metropolitan Planning Organization (GCLMPO) for use by the MPO asawhole or as pass through funds for one or more: member GCLMPO local governments. The City of Lowell requested use of GCLMPO PL funds in the spring of 2015 and the MPO authorized and approved in its annual work program budget the use of $40,000 (80%), Thej proposed Municipal Funding Agreement between the two cities is primarily al housekeeping item where the grant funds will pass through the City of Gastonia. No Gastonia funds will be used in this project. This agreement is for FY 2016-17 and the work will be standard for a general professional services contract to complete a corridor study already specified within the MPO's annual work program. The proposed Interlocal Agreement between the two cities is  $10,000 (20%) inl local matcht to be paid by Lowell.  plus  provided as Exhibit A.  City of Gastonia Legal staff! has reviewed the agreement for form and content.  Staff Recommendation  Approve and execute the attached Interlocal agreement between the Cities of Gastonia and  Lowelli int the amount of $50,000 andt the corresponding budget amendment.  Attachments: Interlocal Agreement  EXHIBIT 5-1    NORTHCAROLINA GASTON/COUNTY  INTERLOCAL, AGREEMENT  This Agreement, made and entered into this the  day of  2016, by  and between the City of Gastonia, a municipal corporation organized under the laws of the State of North Carolina (hereinafter "Gastonia"), and the City ofLowell NC, a municipal corporation  organized under the laws oft the State of] North Carolina (hereinafter "Lowell"),  WITNESSETH  WHEREAS, the parties hereto are members of the Gaston Cleveland Lincoln Metropolitan WHEREAS, Lowell wishes to contract fort the performance oft transportation planning services to evaluate transportation improvements that will improve the character and functional design ofits WHEREAS, there are Transportation Planning grant (PL) funds available to members of the WHEREAS, Gastonia is the lead planning agency of the GCLMPO and as lead planning agency WHEREAS, pursuant to N.C.G.S. 160A-460, the parties are authorized to enter into agreements NOW, THEREFORE, for and in consideration of the mutual promises contained herein, the 1. Purpose. The purpose oft this agreement is to provide funding for transportation planning services to evaluate transportation improvements that will improve the character and functional design of the Lowell Downtown Corridor. Nothing contained herein shall be construed as 2. Agreement for Transportation Planning Services. Lowell has entered into an. Agreement with VHB Engineering NC, P.C. a copy of which agreement is attached hereto as Exhibit "A" and incorporated herein by reference ("Transportation Planning Agreement"). Lowell shall be responsible for the payment of all costs incurred pursuant to the Transportation Planning 3. Reimbursement of Costs. Lowell shall be entitled to reimbursement for eighty per cent (80%) of the Costs paid, provided that the total amount of such reimbursement shall not exceed $39,928.58. Lowell shall submit an invoice signed by both parties showing the amount of Costs actually incurred and paid and indicating which party is entitled to receive the reimbursement. 4. Federal Funding. a) The parties hereto acknowledge and agree that all reimbursements to be made hereunder are to be made with federal funding available to the GCLMPO. If for reason such funding is not available, Gastonia shall not be responsible for the reimbursement any of b). Lowell agrees that is shall comply with all Federal and state laws, regulations and requirements applicable to the use of such funds. Failure to comply with such applicable laws, 5. Termination. This agreement shall terminate if for any reason Lowell terminates the  Planning Organization (GCLMPO); and  Downtown Corridor; and  GCLMPO for the purpose of performing such studies; and  isr responsible for the disbursement ofs suchi funds for qualifying projects; and  to execute any joint undertaking. parties agree as follows:  requiring any party to construct. any traffic or roadi improvements.  Agreement ("Costs").  Gastonia shall pay suchi invoice within thirty (30) days.  any costsi incurred by Lowell pursuant tol Paragraphs 2 and 3.  regulations and requirements shall constitute a breach oft this agreement.  Transportation Planning Agreement.  EXHIBIT 5-2    5. No Joint Agency. Noj joint agency under G.S. 160A-464(3)i is to be established as ai result of the execution of this Interlocal Agreement, and each municipality shall manage its own  personnel, respectively, as necessary for the execution of this undertaking. Agreement without the prior written consent oft the other party.  6. 7.  Subletting and Assignment. Neither party may assign its rights or obligations under this Governing Law. This agreement shall be interpreted in accordance with the laws of the 8. Iran Divestment Act. As oft the date of this agreement, Lowell is not listed on the Final Divestment List created by the State Treasurer pursuant to N.C.G.S. 147-86.58. Lowell further  State ofl North Carolina.  certifies that ity willi not utilize any subcontractor ont the list.  9.  E-Verify Requirements  Lowell certifies that iti is in compliance with all applicable provisions of Article 2, Chapter 64 of North Carolina General Statues, which generally provides that each employer, after hiring an employee to work in the United States, shall verify the work authorization of the employee through E-Verify. This certification is a material representation of fact upon which reliance was Lowell agrees that during the term of this Agreement it shall comply and shall require all subcontractors to comply with any and all applicable provisions of Article 2, Chapter 64 of the North Carolina General Statutes, and Contractor agrees to incorporate in all further contracts or subcontracts for the Project a provision requiring compliance with Article 2, Chapter 64 of the  placed when thist transaction was made or entered into.  North Carolina General Statutes. year first above written.  In witness whereof, the parties have caused this Agreement to be executed the day and  CITY OF GASTONIA John) D. Bridgeman Mayor  ATTEST: City Clerk  CITY OFI LOWELL  Mayor  ATTEST: City Clerk  EXHIBIT 5-3    This agreement has been preaudited to the extent, andi in the manner, required by the  "Local Budget and Fiscal Control Act". City ofLowell Finance Officer STATE OFI NORTH CAROLINA COUNTY OF GASTON 1,. certify that  a Notary Public of the aforesaid County and State, do hereby  personally appeared before me this day and  acknowledged that shei ist the (Deputy) City Clerk oft the City of Gastonia and that by authority duly given and as the act of the municipal corporation, the foregoing instrument was signed in its name by its  Mayor, sealed withi its corporate seal and attested by her asi its (Deputy)City Clerk.  WITNESS: my hand and] Notarial Seal, this the  day of  2016.  Notary Public  My Commission Expires:  STATE OF NORTHCAROLINA COUNTY OF GASTON I,. certify that  a Notary Public of the aforesaid County and State, do hereby  personally appeared before me this day and  acknowledged that she ist the (Deputy) City Clerk oft the City ofLowell and that by authority duly and as the act of the municipal corporation, the foregoing instrument was signed in its name by given its Mayor/Manager, sealed with its corporate seal and attested by her asi its (Deputy) City Clerk.  WITNESS myl hand and' Notarial Seal, this the day of  2016.  Notary Public  My Commission: Expires:  EXHIBIT 5-4    Budget) Dept CE Amendment# 17-010  CITY OF GASTONIA BUDGET. AMENDMENT  LINE ITEM TRANSFERS WITHIN BUDGET APPROPRIATION (City Manager approves unlimiteds amounth between divisions within appropriations) TRANSFERS BETWEEN APPROPRIATIONS (City! Managera approves unlimited amountl between: appropriations)  X ADDITIONAL FUNDS AND TRANSFERS BETWEEN FUNDS  (Councila approves) COUNCIL: MEETING DATE:  August 16, 2016 ACCOUNTI NUMBER 110-491-04000 110-491-349110  FOR BUDGET USEONLY EXISTING BUDGET 86,500 315,155  ACCOUNT: DESCRIPTION Transportation: Planning Professional Services Section 104 (F) Grant  INCREASE (DECREASE) 40,000 40,000  REVISED BUDGET 78,500 355195  Does this amendment adversely impact your operation? Yes Tor recognize revenue from MPO: funds for Lowell Study  No  IfYes- What is thei impact?  X  REASON: FOR. ADJUSTMENT SIGNATURES DATE APPROVALS DATE 08/09/16  ORIGINATOR CITY MANAGER Edward C.I Munn REV.02/08/95  DEARIMEMHEAD CITY COUNCIL  -  DATE DATE  Kristy Crisp, Economie/Business: Svs Manager 08/09/16 Kristy RM Crisp, Economic/Business:  Svs Manager 08/09/16  EXHIBIT 5-5    MEMORANDUM  DATE: TO: FROM: THRU:  August 5, 2016  Edward C. Munn, City Manager Tucker Johnson, PE, Assistant City Engineer Rusty Bost, PE, Director of] Engineering /City Engineer  SUBJECT: AUGUST: 16,2016, CITY COUNCIL MEETING  FINAL: RECORDING PLAT  CATAWBA HILLS TOWNHOMES PHASE4MAP6  Craft Holdings Two, LLC has submitted a final recording plat for their property to be known as Catawba Hills Townhomes--Phase 4 Map 6. Phase 4 Map 6 contains 14 townhome units. Approval of this plat will increase the total number of platted townhome units to 54 of the 228 approved maximum number for the project. The property is located between Beaty Road and Stroupe Road on the north side of Catawba Creek. The property is located within the Gastonia Corporate limits and is zoned PD The Gastonia Planning Commission approved the preliminary subdivision plat by a unanimous vote on June 7, 2001 subject to the conditions recommended by the City  PRD.  Engineer in a memo to the Commission dated May 29, 2001.  Public water and sewer wills serve the lots.  The owners plan to post a bond for the public improvements. This final plat or any portion of its recordation is subject to the bond being reviewed and approved by the City Attorney's office. No building permit will be issued until the bond is approved and final This final subdivision plat is in substantial conformance with the plans as originally submitted and meets requirements of the Gastonia Subdivision Ordinance.  plati isi recorded.  Therefore, this plat is RECOMMENDED for approval. (Presentation to be made by: Rusty Bost) D TUCKER JOHNSON, PE Assistant City Engineer  EXHIBIT 6-1    RLNEN  TER  ESITORO  4  SUBJECT SITE    MAPLECREST DR.  AND  EXHIBIT6-2    E##E##*#***E, ET SELEEENE  EGEEEEESES  EXHIBIT  6-3    MEMORANDUM  Date: To: From: Subject: Background  August 8, 2016 Ed Munn City Manager Jason' Thompson, AICP Planning Director  An ordinance amending" Table 2.7-1-Defined' Terms, Table7 7.1-1-Table ofUses and addinga a new Section 8.2.46 Tattoo Studios oft the Unified Development Ordinance. (File#8586)  At the. June 7, 2016 Gastonia City Council meeting the Council voted unanimously to direct staff to draft UDO amendment for consideration: regardingt tattoo establishments int the Central Business District (CBD). businesses are prohibited int the CBD and the only zoning districti in the city that permits tattoo parlors Currently, is the Urban such  al  Mixed Usel District (UMU). Proposed" Text Amendment  As drafted, the proposed amendment would establish ai new use category called "Tattoo Studio" that would bea a use former would differ from the latter in that business would be conducted by appointment only presenti and the studio UDO.  separate and distinct from the current "Tattoo Parlor/Body Piercing Establishment" that is  int the  The would  bes subject toa as series ofs supplemental regulations including: limited hours of operation between 9am and 9pm restricted1 tol locations alongi major thoroughfares restricted to occupying spaces atl least 3,000 square feet or greater separated from any other tattoo establishment by atl least 1,0001 feet  Conclusion  Ifapproved by the City Council, this ordinance amendment would establish a new use  under  Unified Development Ordinance calledt tattoos studio and would allow these uses only int designation the Central Business the (Note: Ifthis ordinance amendment is approved then the firstt tattoo studiot tol bep permittedi int the CBD wouldt then prevent any other tattoo establishment from locating within 1,000 feet ofit, bothi int the CBD and the UMU: zoning  District and int the limited fashion indicated above.  districts)  Statement of Reasonableness and Consistencv: Unified Development Ordinance.  This ordinance! is consistent with the Gastonia 2025 Comprehensive Plan and any applicable adopted areas plans, and isr reasonable: andi int the publici interest because ita addresses allowable uses int duly the  small City's adopted  On August 4, 2016, the Gastonia Planning Commission unanimously voted 5-0 on a motion to forward  unfavorable recommendation oft the request.  an  EXHIBIT 7-1    ANORDINANCETO AMEND THE UNIFIED DEVELOPMENT ORDINANCE OFTHEC CITY An ordinance amending Table 2.7-1-Defined Terms and Section" 7.1,7 Table ofUses, and adding anew WHEREAS, the City of Gastonia deems it necessary to update the Unified Development Ordinance in ordert tof facilitate the use ofl land and tor maintain consistency with other UDOj jurisdictions; and WHEREAS, the City of Gastonia deems it necessary to and in the public interest tol have clear, concise and consistent: standards for thei management ofs growth and development throughout the city; and NOW THEREFORE BETFORDAINIDIYTHECTHECITYCOECILOFTHE: CITYOF GASTONIA Section 1. Table 2.7-1 oft the Unified Development Ordinance shall be amended asf follows:  OF GASTONIA  section 8.2.46, Tattoo Studios  ast follows:  Table 2.7-1-1 DEFINED TERMS  Term Tattoo Studio  Definition  Ane establishment whose only business activityi is placingi ink undert thes skin using needles that resulti int the coloration oft the skin and conducts business by appointment only.  Section 2. Table 7.1-1 oft the Unified Development Ordinance: shall be amended as follows:  Table' 7.1-1-Table of Uses  Use Category  Commercial Districts  Defined Sup. Pkg. Reg. UMU c-1 c-2 C-3 CBD  Reg. Y 8.2.46 1.6  Tattoo Studio  XS  Section3. Section 8.2.46 oft the Unified Development Ordinance shall be created asf follows: Tattoo studios locatedi int the CBD: zoning districta are subject tot the following:  8.2.46 Tattoo Studio  A. Clients or business related visitors shall be by appointment only, with appointments scheduled C. The site shall bei fronted by streets designated as al boulevard, as depicted oni the most recently D. There shall be a separation distance between tattoo establishments (including both tattoo studios and tattoo parlors/body piercing establishments) of one thousand (1,000): feet. The distance shall be measured  between thel hours of9:00 a.m. tos 9:00 p.m.  only adopted  B. The use must occupy atl least 3,000s square feet oft building space. version oft the Comprehensive Transportation: Plan. from ther nearest point oft the buildings.  E. All federal, state, and local regulations fort tattoo establishments shall bei met.  EXHIBIT 7-2    Section 4. All ordinances or portions of ordinances inc conflict! herein arel hereby repealed. Section 5. Should any provision oft this ordinance be declaredi invalid or unconstitutional by any court Section 6. This ordinance shall take effect and bei ini force from and after the date ofi its adoption. Section 7. This ordinance is consistent with the Gastonia 2025 Comprehensive Plan and any  of competent jurisdiction, such declaration shall not affect the validity oft the ordinance as whole or any part thereof which is not specifically declared to be invalid or  unconstitutional.  applicable duly adopted small area plans, and is reasonable and in the public interest  becausei itp promotes thel health, safety, and welfare.  Thist the_ day of_  2016.  John D. Bridgeman, Mayor  ATTEST: City Clerk ORD16-647  EXHIBIT 7-3    PUBLIC SAFETY COMMITTEE REPORT TUESDAY,AUGUST9,2016  AGENDA ITEM ITEM1: Enhanced Police Equipment  DISCUSSION:  ACTION TAKEN:  Staff presented the need and a funding plan, The Committee voted consisting of a fund donation and State Asset unanimously (3-0) to the police department's current equipment. City Council. Additional secondary vests, ballistic helmets, and weapons will better protect our police officers when responding to and mitigating an active shooter event. A fund donation from Parkdale, Incorporated in the amount of $38,106 will be used to purchase thes secondary vests. State Asset Forfeiture funding will be used to purchase the additional helmets and weapons.  Department Forfeiture funding, to purchase enhancements to recommend approval to  ITEM2: Other Matters  Committee Members Present:  Chairman Jim Gallagher Mayor Pro' Tem' Todd Pierceall Councilman David Humphries  EXHIBIT8-1    RECREATION, ADVISORY COMMISSION REPORT 5:301 P.M. - 2ND FLOOR CITYHALL, GASTONIA, NC  TUESDAY, AUGUST9,2016  AGENDA ITEM ITEM1: Citizen Cricket  DISCUSSION:  ACTION' TAKEN: by  Mr. Aamir Abbasi and Mr. Nick Mehta made a Motion made by Phil presentation ont the popularity oft the sport of cricketi in seconded Scott Cherry, fields. Int the past they havel looked for larger fields to witha a unanimous vote (7-0) accommodatel highl levell hard! ballo cricket (approximately The RAC recommends tot the the size of2 football fields), but are now looking for a City Council that city smallers size venue to accommodate youth and weekend recreation: staff workv witht the The group requested for one of the soccer fields at recreation agencies int the Martha Rivers Park tol be converted for multi-use as a county and the county schools cricket field by adding a pitch. There was discussion toi identify potential sites about Martha Rivers Field usage, the adaptability oft the and facilities any dedicated  Presentation/ the area and expressed a need for a dedicated field or  Attaway  "soft" lighter ballt type play.  cricket group, other  cricket /s soccer multi-use play, anda alternative sites. Staff advised they had been helping several cricket groups over the past4 4- 5y yearst tof finda a suitable: facility in Gaston County fort thel larger field with nos success and would like the opportunity to work with the cricket group, Gaston County Parks & Recreation and other recreation departments tol locate all potential locations fora dedicated smaller size cricket ground.  cricket fora ground.  ITEM2: Citizen Proposal  Ms. Debbie Whiteside, Executive Director of the Hassan Motion made Whiteside Foundation, made a presentation on a Winkfield, seconded by Ephraim Chuck professional level wood basketball floor, professional backboards/goals, new scoreboard, renovation of Thel RACi is totally supportive existing bleachers, wall safety padding, and gym oft this] proposal and equipment. She shared! her son's vision of providing the recommends to the City youth oft this communityar place tol be proud of, learn the Council that citys staff and game oft basketball,; and somewheret they couldf falli inl love management work with the with game asl he did here as a. kid. Shet told of his love of Hassan Whiteside Foundation his hometown and how he was so proud to be from int the efforts of Shes shareda al longi ranges goal offormingap partnership: and renovations and upgrades to longt term commitment with the Recreation Department the Phillips Community tol help with continual maintenance oft the floor and gym, Center and in formingal long sponsorship of summer basketball camps, development termj partnership.  Presentation, / proposal to provide funding for upgrades and Meakin with a unanimous by  Phillips Center renovations tol Phillips Center toi includei installation ofa vote  (7-0):  Gastonia.  providing  of mentoring programs, and additional upgrades and renovations: int thef future to other parts oft the center and park that would enhance the facility and impact the community. Ms. Whiteside respectfully requested as a piece of the partnership consideration in the naming of thef facility ors some) part ofitinr recognition ofh her son.  ITEM3: Project Updates:  1) Smyre Park Playground Addition: The No: action necessary.  playground equipment has been installed. Recreation maintenance staff will have the border timbers and: safety mulchi inp place within the next week. The playground willl be open to thep publica as soona as thisi is completed: andafinal 2) LC. Falls Park Playground Addition: The playground equipment has been installed. Recreation staff will have the border timbers and safety mulchi inj place within the next week. City staff is working to make other park improvements to include the parking area, basketball court, shelter, walking track and landscaping. Allv works should bec completeb by the 3) Erwin Park Sprayground / Splashpad: Staff is working on specifications for the project and a vendor should be inj place within the next 90 days. Thej project should be completed by early  safety checki is performed.  end ofSeptember.  EXHIBIT 9-1    RECREATION. ADVISORY COMMISSION REPORT 5:301 P.M. - 2ND FLOOR CITYI HALL, GASTONIA, NC summer of2017. Other proposed improvements tot this area include the relocating and uplifting the picnics shelter, new fencing and goals fort the basketball court, painting oft the pool bathhouse, adding walkwaysi in thej park, and site amenities. Tennis Courts All tennis court work is completed and thet volley walls arei inp place at Ferguson and Phillips. Downtown Ballpark- Convention Sports & Leisure, LLC has been selected to provide the market feasibility and economic impact study and are set to report their findings within the next 60 days. The analysis and: study will provide much needed information moving forward with an economic development plan for the area just west ofd downtown andi near thel Loray Millj project. Second Ave. & Marietta St. Park- Concrete and curbing has been installed. Landscaping work will begin in the coming weeks. An artist has been selected for the sculpture piece. Completion should bei int thel late fallo of  TUESDAY, AUGUST 9,2016  2016.  Committee MembersPresent: Chairman Davel Kirlin Phil Cherry Chuck Meakin Scott Attaway Ephraim' Winkfield Russell Adams Chad McGowan Staff] Present: Chuckl Dellinger Cam Carpenter Skip Youngblood Robin Parham Michael Peoples  Committee MembersAbsent: Tim Towner  Citizens) Present: Aamir Abbasi Nick Mehta Debbie Whiteside  EXHIBIT 9-2