GASTONIA CITY COUNCIL MEETING JUNE21,2016-6 6:001 P.M.  GASTON COUNTY COURTHOUSE PUBLIC FORUM ROOM-GASTONIA, NC  EMIIBITPAGENUMBER  ITEM A: PRAYER - Mayor Pro Tem Toddl Pierceall ITEM C: ADOPTION OF THE AGENDA ITEM D: APPROVALOF THE] MINUTES  ITEM B:  PLEDGE OF ALLEGIANCE - Mayor John Bridgeman  (1) March 15,2016  ITEM E: AWARDS. GAPCNISANDPRCNOTONS  (1) Proclamation- CarlJ. Stewart.Jr.. Presentation: Mayor John Bridgeman (2) Proclamation - General Aviation Appreciation Month. Presentation: Councilman David Humphries (1) Ms. Leigh Yount, Advisor, Gaston County Teen Council.. Re: Healthy Food Access Initiative  E1 E2 F1  ITEM F:  PRESENTATIONS  ITEM G: PUBLIC EXPRESSION: EACH PERSON IS LIMITED TOATOTAL  OF FIVE MINUTES SPEAKING TIME  CONSENT AGENDA  ITEM 1: BUDGET AMENDMENT20I6035- $5205.00  TRANSFER OF) FUNDS FROM REVENUETOI EXPENDITURE ACCOUNTTOI PURCHASE ALL TERRAIN VEHICLE ASSISTANCE GRANTI PROGRAM. AWARD AND) BUDGET AMENDMENT 2017-001- $34.706.00 TOI RECOGNIZE REVENUE  ITEM 2: NTERLOCALAGREEMINTI FOR THE 2016] BYRNE. JUSTICE.  THE 2016J JUSTICE ASSISTANCE GRANT RECOGNIZE: REVENUE. FROM THE 2015, JUSTICE  ITEM 3: BUDGET AMENDMENT 2016-0036- $58.023.00. ITEM 4: BUDGET AMENDMENT2016-037-915.180.  ASSISTANCEGRANT  REVENUE! RECOGNITION/ AND APPROVAL OF BUDGET AMINDMENITOTBANSERK NCDOTI REIMBURSEMENT PROCEEDS! FROM THE TRAFFIC SIGNALSYSTEM SOFTWARE ANNUAL MAINTENANCE AGREEMENT RELATED TOI NCDEQ CLEAN WATER STATE REVOLVING LOANFOR THE CONSTRUCTIONOF PHASE2SOUTH FORK SEWER PROJECT BUDGET AMENDMENT 2016-040- $16.683. RECOGNITIONI OF FUNDS FROMT THE TOWNOF CRAMERTONI FOR] PHASE2 2 SOUTH FORK SEWER PROJECT  ITEM 5: RESOLUTION AND BUDGET AMENDMENT: 2016-039. - $799.839.  ITEM 6:  -1-    GASTONIA CITY COUNCIL MEETING JUNE21,2016-6 6:001 P.M.  GASTON COUNTY COURTHOUSE PUBLICI FORUM ROOM-GASTONIA,NC  EXHIBIT PAGEI NUMBER  ITEM 7: ITEM 8: ITEM 9:  INSURANCE RENEWALS FORI FY2016/17. (1) PROPERTY ANDI LIABILITY RENEWAL (2) WORKERS COMFENSATONIABLITY RENEWAL FINAL RECORDING PLAT SPENCER MOUNTAINVILAGEI PHASE2MAP3 FINAL] RECORDINGPLAT CROWDERS VIEW PHASE2M MAP3  ITEM 10: UTILITY SERVICE/ AGREEMENT  10  CITY OF LOWELL: PROPERTIES IN FRANKLIN: SQUARE AREA FOR CLOSING, ANUNOPENED: PORTION OF PAMELA STREET  ITEM 11: RESOLUTION TO SET PUBLIC HEARINGDATE.  REGULAR. AGENDA  ITEM 12: PUBLICHEARING- CHOICE USA BEVERAGE. INC. (FILE#8517).  12  SUBJECTHEARING INVOLVES REZONG. APPROXIMATELY 1.10ACRE (URBAN MIXEDUSE) TOL-U(URBAN INDUSTRIAL). THE PROPERTY IS LOCATED AT 810 AND 814 E. SECOND AVENUE. THE PROPERTY IS OWNED BY CHOICEUSA PRESENTATION: Ms.. Jana McMakin, AICP, Planner II  BEVERAGE. INC.  ITEM 13: PUBLICHEARING-/ ADJUSTMENTS TOTHE GASTONIA 2025  13  COMPREHENSIVE PLAN(FILE; #8551)  SUBJECT HEARING NVOIVISADISIMENTS TOTHE GASTONIA 2025 COMPREHENSIVE: PLAN INCLUDING AMENDING THE DEVELOPMENT STRATEGIES MAP ANDI REVISINGTHE) FUTURE LANDUSEMAP PRESENTATION: Mr. Jason Thompson, AICP, Planning Director 3'AMENDMENTTO ECONOMIC INCENTIVE AGREEMENT PRESENTATION: Ms. Melissa Magee, Assistant City Attorney RECOGNIZE DONATED FUNDS FROM AMERICAN LEGION POST23 AND OTHER LOCAL GROUPS AND INDIVIDUALS) FOR1 THE SRNGTEIDNASACIISETS BASEBALL TEAM VISITTO GASTONIA PRESENTATION: Mr. Chuck Dellinger, Parks and Recreation Director  ITEM 14: PUBLICHEARING.  14  LAWYER'S BULDING  ITEM 15: BUDGET AMENDMENT 2016-038-$500.00.  15  ITEM 16: CITIZEN COMMITTEE COUNCLAPPONIMENTS ITEM 17: CITYOFGASTONIANS 140TH ANNIVERSARY  16  PRESENTATION: Mayor and Council Members PRESENTATION: Councilman Robert J. Kellogg    GASTONIA CITY COUNCIL MEETING JUNE21,2016- 6:00) P.M.  GASTON COUNTY COURTHOUSE PUBLIC FORUM ROOM-GASTONIA,NC  EXHIBITPAGE: NUMBER  ITEM 18: CITYATTORNEY'S REPORT ITEM 19: CITY MANAGERSREPORI ITEM 20: CITYCOUNCILREPORTS ITEM 21: 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 OR711 FOR RELAY  SERVICEUSERS WITHIN 721 HOURS OF THE MEETING/HEARING.  AG062116  -3-    Page 142  Page 142  GASTONIA CTYCOUNCINEETNG March 15,2 2016- 6:00P.M.  GASTON COUNTY PUBLIC: IORIMRONL-GANTONARE  Mayor Pro Tem Todd Pierceall called the meeting to order at 6:00 p.m. on Tuesday, March 15, Pierceall introduced Gastonia Police Chief Robert Helton to open the meeting inj prayer. Mayor Mayor Tem Pro Tem Pierceall led the audience in the Pledge of Allegiance to the flag. Sherry H. Dunaway,  2016 in the Gaston County Public Form Room, Gastonia, North Carolina.  Pro City  recorded Clerk,  the minutes.  PRESENT: Mayor Pro Tem Todd Pierceall  Council Members: Robert Kellogg  James Gallagher Porter L. McAteer David Humphries  Manager: Absent:  Edward C. Munn Mayor John Bridgeman Councilman David Kirlin ADOPTION OF THEAGENDA  City Attorney: L.A Ashley Smith  Councilman Jim Gallagher made a motion to adopt the Agenda as printed as well as the Addendums below. Councilman Robert Kellogg seconded the motion and Council approved it unanimously. ITEMD: (3) PROCLAMATION- WELCOME HOME VIETNAM VETERANS DAY  PRESENTATION: Councilman David Humphries (4) ROCLAMATON-GIC-X: & ASSISTANCE PRESENTATION: Mayor Pro Tem Todd Pierceall  ITEM5A: JAMESH.LYNN, AND SCIENCE THEATRE PROJECT  PRESENTATION: Dr. Ann' Tippitt, Director, Schiele Museum  AWARDS.CEREMONIES. ANDI PROMOTIONS (1) Proclamation - Rev. Dr. Benjamin Hinton 25th Pastor's Anniversary Tabernacle Baptist Church  Mayor Pro Tem Pierceall: recognized Councilman Gallagher for the presentation.  Councilman Gallagher welcomed Rev. Dr. Benjamin Hinton from Tabernacle Baptist Church. He noted that Dr. Hinton has served as Pastor of Tabernacle Baptist Church for 25 years. Councilman Gallagher then read the Proclamation and presented it tol Dr. Hinton. He thanked Dr. Hinton for his Rev. Dr. Hinton thanked the Council for this presentation and stated he was honored to serve this great city and this great county and to just be aj part ofl North Carolina. He stated he has seen a lot of changes over the years in Gaston County and he is thankful for the support of his members and  many years of service to the community as a pastor and a community leader.  all the greater Gaston community.  (Reference as contained: in Exhibit Book 4t to) Minute Book 105 at Page 57.)  142    Page 143  Page 143  REGULARCOINCIMEEINEEING-MARGIISZNE  (2)Proclamation- "Arborl Day"  Mayor Pro Tem] Pierceall recognized Councilman Gallagher for the presentation. Councilman Gallagher read the Arbor Day Proclamation andj presented it to Ms. Pat. Johnson, Gastonia Beautiful Administrator, and thanked her forl her efforts and all she does to  Gastonia Keep keep  beautiful.  Ms. Johnson stated the. Arbor Day Proclamation is a requirement to be a Tree City noting there are 552 municipalities in North Carolina and only 801 hold this designation, sO Gastonia should really be proud. The Tree City Award will be presented at a later date and we will also dedicate Maples on Main, which is aj project endorsed by Mayor Pro Tem Pierceall. Ms. Johnson thanked the Council  again for the Proclamation.  (Reference as contained inl Exhibit Book 41 tol Minute Book 105 at Page 58.)  (3) Proclamation Welcome Home Vietnam Veterans Day  Mayor Pro Tem Pierceall: recognized Councilman Humphries for this presentation.  Councilman Humphries read and presented the Proclamation to Ms. Glenda Rogers, the Regent of the Major William Chronicle Chapter of the National Society Daughters of the American Revolution and proclaimed March 29, 2016, as Welcome Home Vietnam Veterans Day. Ms. Rogers thanked the Council for the Proclamation tol honor the Vietnam War Veterans. (Reference as contained: inl Exhibit Book 4 to Minute Book 105 at] Page 59.)  (4) Proclamation- - GLC 4x4 & Assistance  Mayor Pro Tem Pierceall recognized and presented the Proclamation to the GLC 4x4 Assistance Group which is a volunteer organization that used their own 4x4 trucks and SUV's to assist those who were stuck during the snow storm and whose purpose has grown beyond its original mission andi is looking tol keep helping the community in any way within their means. He thanked them for Ms. Jessica Stokes thanked the City for the recognition. Ms. Stokes stated they would like to take their organization to the next level and help more people in the community. Ms. Stokes noted that they have a Facebook page and anyone can donate, volunteer, or if someone has ai need, they will be Councilman David Humphries made the motion to approve the Proclamations and Councilman Jim  their outstanding volunteer contributions tol help others.  happy tol help ift they can.  Gallagher seconded the motion. The motion was passed with a unanimous vote. (Reference as contained: in) Exhibit Book 4 to Minute Book 105 at Page 60.)  PRESENTATIONS Arbor Day Poster Contest Winners  Mayor Pro Tem Pierceall recognized Ms. Carly Caldwell, Keep Gastonia Beautiful, School  Specialist/Recycling Coordinator for this presentation.  -143-    Page 144  Page 144  REGULARCOUNCIL: MEETING- MARCH 15,2016  Ms. Caldwell presented the winners of the Arbor Day Poster Contest for 2016. Ms. Caldwell noted that 13 schools participated and presented over 65 pieces of art. Ms. Caldwell recognized the 2016  Arbor Day Poster Contest winners.  K-2  ISTPLACE: Karena Singh, Gaston Day, Untitled 2ND PLACE: Isabelle Cordell, PCCS, Flower Trees 3RDPLACE: JovyLynn Davis, Robinson, Me and Tree  HONORABLEMENTION:  Madlen Wyatt, PCCS, Speak for the Trees Cali Williams, Sadler, The Waking Willow Nathan Esquivel, PCCS, Happy Arbor Day  3-5  ISTPLACE: Allie Henrickson, Gaston Day, Untitled 2ND PLACE: Lucien Smith, PCCS, Nature is Treerific 3RPPLACE: Abby Armstrong, Lowell, Day Dreams  HONORABLEMENTION:  Julissa Hernandez, Gardner Park, Trees are Fantastic Ashton) Kenna, PCCS, Keep Gastonia Beautiful Meredith Wyatt, PCCS, Spring has Sprung  MIDDLE  1STPLACE: Caitlin Conrecode, Mt. Holly, Arbor Day 2016 2NDPLACE: William D'Amore, Gaston Day, Untitled 3rdPLACE: Samantha Werner, Bessemer City, Trees Shining  HONORABLE: MENTION:  Molly Sly, MICS, Life is in the Palm of our Hands Audrey Abernethy, Mt. Holly, Arbor Day. 2016 Salley Heldt, Gaston Day, Untitled  HIGH  ISTPLACE: Rachel McFarland, East Gaston, Seasons as One 2NDPLACE: Caitlyn Kendrick, Forestview, Concerns ofthel Forest 3RDPLACE: Mercede Romero, PCCS, The Neverland Tree  HONORABLE MENTION:  Elizabeth Efird, Gaston Day, Untitled Hannah Grimm, Gaston Day, Untitled Isaac Black, East Gaston, Mother. Earth  Mayor Pro Tem Pierceall congratulated all the winners.  (Reference as contained in Exhibit Book 41 tol Minute Book 105 atl Page 61.)  PUBLIC EXPRESSION  Mayor Pro Tem Pierceall noted that no one had signed up for Public Expression. and Councilman Kirlin be excused from the meeting tonight. Councilman  Mayor Pro Tem Pierceall noted that Mayor John Bridgeman and Councilman David Kirlin could not attend tonight's meeting. Councilman Jim Gallagher made the motion that Mayor Bridgeman  seconded the  motion.  Kellogg  The motion passed with a unanimous vote.  CONSENT. AGENDA  Councilman Kellogg made the motion to approve the consent agenda. Councilman  seconded the motion and Council approved it unanimously.  Gallagher  -144-    Page 145  Page 145  REGULAR COUNCILI MEETING-N MARCH 15,2016  ITEM 1: RESOLUTION: SETTINGI PUBLIC) HEARINGDATE  CLOSING KINGS DRIVE FINAL RECORDING PLAT CROWDERS VIEW PHASE 21 MAP2  (Reference as contained in Exhibit Book 41 tol Minute Book 105 at Page 62.) (Reference as contained in] Exhibit Book 41 tol Minute Book 105 atl Page 63.) FLYCAROLINA. LLC, EXTENSIONOF FIXED] BASE OPERATOR(FBO: SERVICES AT GASTONIA MUNICIPALAIRPORT (Reference as contained in Exhibit Book 41 tol Minute. Book 105 at] Page 64.) RECOGNIZE REVENUEI FOR SALE OF BOTH PROPERTIES AND THE FUNDING AND] FINANCIAL. ACCOUNTING CONTRACT CITY OWNED PROPERTY, 736QUEENSCOURT GASTONIA. NC28052-$57300 73N.FALISSTREET GASIONIA.NC28052-5 $51,500  ITEM 2: ITEM 3: ITEM 4:  BUDGET AMENDMENT #16-028  OF THE COST OF CONSTRUCTION: OFFER TO PURCHASE AND (Reference as contained in Exhibit Book 41 to Minute Book 105 at Page 65.) (Reference as contained in) Exhibit. Book 41 tol Minute Book 105 at Page 66.) (Reference as contained in Exhibit. Book 41 tol Minute Book 105 at] Page 67.)  REGULAR AGENDA OUTAGEMANAGEMENT SYTEMSPRESENTATON  Mayor Pro Tem Pierceall recognized Mr. Michael Peoples, Assistant City Manager Mr. Glenn Fried, GIS Technical and Mr. Ray Kurtiak, Application and GIS Manager Operations, for this Mr. Fried shared information and presented a power point presentation (hereby incorporated into the exhibits) regarding the new outage management software by DataVoice. DataVoice Interactive Voice Response (IVR) and Outage Management Systems (OMS) for utilities. provides The OMS is ready to go fully operational 24/7 starting tomorrow, March 16th. The system benefits the city by improving the electric and water sewer operations allowing staff to quickly respond and manage outages using multiple notification methods. The three new customer websites will the customer an option to use a compact interface to easily report their outages for either give sewer or electric. The websites also allow the customer to request an automated notification water, when thej power has been restored, to see all the outages in the area and the number of customers that are currently effected by any service interruptions. There is also a free downloadable Pal where customers can also report outages and view a map of system outages and app receive Mr. Fried stated the Electric Department and Two Rivers Utilities have shared the costs of the project and" Technology Services willj provide support. The total cost of the system is includes software installation, data preparation integration and on-site training. The $114,140 City will and be responsible for any maintenance costs totaling $19,030 after the first year. In summary, the system has been very well reçeived by staff and is ready to be fully operational tomorrow. The increased access toi information and improved communications both among staff and to our customers will Mr. Ray Kurtiak stated he has been the Project Manager for this project and he expanded on some oft the comments presented by Mr. Fried. Mr. Kurtiak noted the system does a really good job of  presentation.  call Power push  notifications with restoration updates.  resulti in more efficient operations and improved customer service.  -145-    Page 146  Page 146  REGULAR COUNCILI MEFTING-MARCISZIE  bringing all the information together, analyzing it and presenting the results to the users in a intuitive way that is really easy for the users to understand. Mr. Kurtiak encouraged go to the City's website to learn more about the system and to download the free mobile everyone which isa available in both the Google Play Store and Apple IOS Store along with links on the website app that Councilman Gallagher asked] how this has been received by the customers and how long has it been running. Mr. Kurtiak replied that the system has been used in various stages since late November and has gone very well. Mr. Kurtiak noted that customers seem to enjoy the communications back and forth. The mobile and website app are being introduced ability now but the phone menu: system has beeni inj place and seems tol be very well accepted by our utility customers. Councilman Kellogg asked ift there isa a way to get the word out toj promote this to our residents. Mr. Kurtiak stated that messages are being inserted in the utility bills and also some been displayed on the top of the kiosks. Also, the website hasi information: notifying that things the system is coming. Mr. Kurtiak noted that one of the things that you need to do in your initial setup is to register your phone number or your utility account with thes system and that was advertised as well. Mr. Kurtiak noted that Council should have gotten an email with access toi it and that part is called the Manager's app noting it is really intended for decision makers and Council Members, and designed to give you access to the system and get the real time updates during an event rather than Mayor Pro Tem Pierceall noted that he has downloaded all three apps, electric, water, and sewer, and noted that it was very easy to navigate and] he is looking forward to seeing the consumer Mr. Kurtiak encouraged everyone to go tot the website and check out the maps, graphs, and different kinds ofi information available during an event. He noted that when there is no event it is not dynamic, but otherwise it opens up a whole new avenue for us to communicate with our very  very to  you can directly download the appi from.  to have  have  relying on a phone call or email.  side oft that now.  facing  customers in a positive way during an event.  utility  (Reference as contained in Exhibit Book 41 tol Minute Book 105 at Page 68.)  JAMES H.I LYNN AND SCIENCE THEATRE PROJECT  Mayor Pro Tem Pierceall recognized Dr. Ann" Tippitt for this presentation.  Dr. Tippitt presented a brief history of the Schiele Museum Planetarium and Science Center. Dr. Tippitt stated the SciDome XD Theater Project is the first major upgrade to the projection equipment and planetarium facility in over 23 years. The SciDome XD Theater Project enhances and broadens the educations goals of the Schiele in many ways, noting it expands the program topics beyond astronomy to include earth, science and technology and provide the Schiele's educators the tools to develop original program content. She noted iti is a full dome, high-definition digital system and with a remote control (SCItouch), and many interactive elements that are were also able to do general upgrades of the Planetarium facility as well as a new get sound upgrades system. they Dr. Tippitt stated this will do much for us in terms of our students and what we can offer to them and to our families but it also is a real step forward in our goal of bringing people from outside Gaston County into Gaston County. Dr. Tippitt stated that you can find out more information going to wwaschielemuseum.or: and you can check the schedule. We also added advance ticket by purchases which is an enhancement to the website. Dr. Tippitt encouraged everyone to visit the  available to engage students and visitors.  Dr. Tippitt noted that as part of the fundraising to change out the equipment and  Schiele Museum and check it out.  (Reference as contained in Exhibit Book 41 tol Minute Book 105 at] Page 69.)  RECREATION/ ADVISORY COMMISSION REPORT  -146-    Page 147  Page 147  REGULARCOINCIMEETNFETING-MARGIISZNE  Mayor Pro Tem Pierceall recognized Chuck Dellinger, Director of Parks and Recreations, for the Mr. Dellinger stated that Councilman Kirlin asked him to present this report since he was unable to be att tonight'si meeting. He: stated this report is from thel February 9,20161 meeting 1) Project Updates - Mr. Dellinger said the walkway and tennis court construction has and hopefully will be completed in the next few weeks. Meetings to discuss the feasibility begun ofa Downtown Ball Park are underway. The Lineberger Park Greenway parking is 60% complete and will begin paving later this week with a late spring opening date if weather is good. The Maples on Main project is about 90% complete. Work on the Second Avenue and Marietta Street Park work has been suspended due to rainy weather but the project is moving forward. Mr. Dellinger stated there was no action to be taken on any of these Mayor Pro Tem Pierceall asked if the concrete being poured at the Second Avenue and Marietta Mr. Dellinger stated that the color goes all the way through noting that iti is a colored concrete, not Councilman Gallagher asked ift there were any extra Maple trees from the Maples on Main that could be used att the' Transit Center where white birch treest that were taken down. Mr. Dellinger stated that more plantings are planned over att the Transit Center. He said he that the trees that were left over were designated for the Transit Center. Mr. Dellinger stated thought he Councilman Gallagher asked if the Recreation Commission could look at the fields at Martha Rivers Park regarding soccer being played there noting that people are calling him Mr. Dellinger stated that he receives those phone calls as well and tries to handle them. Mr. Dellinger noted that they are in a balancing act with all of the competing needs at Martha Rivers Park, and he would be glad to meet with anyone who has concerns about this topic, and he would Mr. Munn stated in regard toj planting more trees that wel have a program each year that we fund out of the Electric Department because being a part of Electricites you have to cut trees down throughout the city due to conflicts and so a number of years ago we set up a fund where Electric pays to a KGB fund to be able to have funds for additional tree plantings. Those additional tree plantings often move into Recreation and other places throughout the City to rebuild the tree canopy. Mr. Munn stated wel have funding for trees and we willl be able to replace those and 2) County Township Grants Mr. Dellinger gave updates on the 3 Recreation projects that were awarded through the County's Township Grant program. He stated that they have received proposals for the two playgrounds, which can fit the time frame that wei need with the funding that we have at Smyre Park and IC. Falls Park. Mr. Dellinger stated that we are working with Engineering and other departments on the Erwin Park Sprayground and we will be organized andi ready to go tol havei it open next year as well. He noted that could be a 3) Department Organization and Restructure - Mr. Dellinger stated the Staff reported on the implementation of a department restructuring that stemmed from a year long in-house assessment that considered multiple factors noting that they assessed everything that they actually do and developed a plan which was more of an organizational restructure that Mr.  purpose ofmaking the presentation.  projects.  Street] Parki is stained ori is the color mixedi in before.  just stained on the top.  project  would check into it further to verify that information. fields andi notl being able toj play on them.  wet  regarding  also be glad for the Recreation Advisory Commission tot take this up.  look around the Transit Center.  takea  six to1 nine month project once: itiss started.  Munn and other city staff reviewed.  -147-    Page 148  Page 148  REGULAR CAIKCIPEZIN-MNGIANN  Mr. Dellinger announced that Ms. Pat Corinth, Assistant Recreation Director, has been with Mayor Pro Tem Pierceall announced that Mr. Mike Tate has resigned his At Large seat on the Recreation Advisory Commission. He stated Mr. Russell Adams has expressed an interest in this seat and he has also discussed it with Councilman McAteer. Pierceall made the motion to appoint Mr. Russell Adams to the Recreation Mayor Advisory Commission to complete the At Large term vacated by Mr. Mike Tate. Councilman McAteer seconded the motion and Council approvedi it unanimously. 4) Programs and Partnerships - Mr. Dellinger reported on the various community partnerships inj place with individuals, service clubs, agencies, and neighborhood groups which assist in providing valuable program opportunities for the public. Thel Recreation Department serves  the City more than 35: years and is retiring April 1,2016.  Pro Tem  as acollaborator and/or facilitator int these endeavors.  (Reference as contained in Exhibit Book 41 tol Minute Book 105 at Page 70.)  CITY ATTORNEY'S) REPORT  Mr. L. Ashley Smith, City Attorney, stated that he had met Mr. Ace Beam and Mr. John Mcllmail, who is heading up some fund raising efforts on behalf of Mr. Beam. Mr. Smith noted a contract signed by a licensed general contractor was tendered to the City and the license number was checked with the State and it is valid. Mr. Smith also noted that he did call the contractor, Mr. Richard Russell, and he didi indicate that he had been hired by Mr. Beam and is going to make the repairs. Mr. Smith stated a new building permit does need to be pulled with the names of the new subs--electrical, plumbing and mechanical. A dumpster has been delivered to the property. It was stressed to Mr. Mcllmail and Mr. Beam that the City needs to see continuous progress each month. The construction contract says it will be done October 30th but progress will need to be seen every month. The status of the demolition ordinance that was passed is still in effect and valid, but the City Manager is holding the invoice to hire a contractor while we monitor what is Smith noted that Building Inspections and Codel Enforcement willl be monitoring the situation. going Councilman Gallagher stated that a church is looking in to assisting Mr. Beam, but they are Mr. Smith stated that Mr. Beam has said he wants the home repaired rather than torn down and a new house because it is his home place. Mr. Smith noted he had spoken with Mr. Russell and he said they are going to repair the home. Mr. Smith noted that he has had some communications with some churches but no 100 percent commitment to raising all the money. It appears that there is some fundraising going on but that is all the information available at this time. Mr. Smith stated  on. Mr.  accessing the cost, noting thati iti may be cheaper to tear down and rebuild.  that we are not] privy tol his insurance information concerning the home.  CIDYMANAGERSREPORI  Mr. Edward C. Munn, City Manager, stated that there was a funeral this past week for Barnhill. Mrs. Barnhill served as the Executive Secretary to the City Manager and also served Widdy as the Deputy City Clerk. Mrs. Barnhill was a lifelong resident of Gastonia and married to her husband, Bob, for 65: years. Her older brother is Representative Dub Dickson. Ms. Barnhill served the City very faithfully and very well and will be missed greatly. Mr. Munn noted that Ms. Barnhill was al hardworking city employee and aj passionate resident oft the City of Gastonia. Mr. Munn stated that tonight we. have looked at some of the different departments and some of the work that they do from the KGB program that is working with all the students at the Schiele Museum and what they are doing to bring people to our community and then a collaboration with our IT Department and Public Works and Electric working on the Outage Management along with the passion from Recreation and all the programs they are doing. Mr. Munn stated System he  148-    Page 149  Page 149  REGULAR COIKCIVETN-NNGUsNN  really is very proud to be the City Manager of all the employees that are presenting tonight and other times. Tonight is a good example ofs some oft the quality work that is being done by the City,  and Mr. Munn stated that he is very proud oft them.  CITYCOUNCILI REPORTS  Councilman Kellogg - He stated that he had the pleasure of attending the UNC School of Government Training and it was wonderful training. He was surprised how much Hea also stated he was really thankful for the residents and citizens that continue to come tol him with various issues or concerns or even ideas for the City. He noted that he really takes that part of his role seriously and he thanks each and every one of them that continue to call or email him and he enjoys meeting them. He is also glad that we have such a responsive City Manager and Staff who are able to field those questions and get them to the right people so their issues can be addressed. He was also ablet to attend a Jaycees meeting and noted that they are a great group ofexcited individuals who really! have al lot of passion and ideas for the city and county. He also mentioned that he was in Charlotte and speaking with some people that were talking about the good things they are hearing in Charlotte about what is happening in Gastonia and he wanted to pass that along to everyone because sO many times we are talking about Charlotte just and Councilman Gallagher - He stated he toured Piedmont Charter School on New Hope Road and it was very nice. He also attended Tabernacle Baptist Church for Rev. Hinton's 25th anniversary and it was a great service. He attended the Crisis Pregnancy Banquet, noting they raised $150,000 in one evening, which was excellent. Councilman Gallagher stated he was meeting with Mr. Anderson to discuss what his vision is for the old Orthopedic Hospital Nurses Dorm and he has Dewey also invited the County and extended ani invitation to the Council to come to City Hall at 5:30 tomorrow  could they  include int two days.  young  what isl happening there.  to discuss.  Councilman McAteer - Councilman McAteer had no report at the time.  Councilman Humphries - He advised that he spent this past Saturday riding City buses. He noted the buses were clean, the drivers were beyond courteous and none of them knew who he was until he got off the bus and then they were astonished that I took the time to come and ride. He stated that they were very knowledgeable, very professional and they knew most of their customers first name, their schedule, their habits and details about them. The buses were clean and it was by a great experience and he thanked the drivers that he was able to talk to and for answering his questions: John on Bus 1; Charlene on Bus 4; Phyllis on Bus 7; and Mariah at the Bus Station. These were the nicest people and he noted he was pleasantly surprised with the experience. He stated he was able to run halft the routes on a Saturday and next time he will do the other half. He noted sometimes youj just have to get out and see things for yourself, and he saw He also mentioned all the talk on social media about ISIS and terrorism issues and for the our city and citizens and he would like to discuss the security at the City Convention Center safety and As a reminder, Councilman Humphries asked everyone to remember our first responders and  he has not  seen  in several years and he really enjoyedi it.  things  of  other facilities ats some point.  military.  Mayor Pro Tem Pierceall - shared the Mayor's Announcements March 22nd Faclities/Management Committee Meeting March 29th Council Work Session Budget Outlook Meeting.  March 25th City Offices are Closed  -149-    Page 150  Page 150  RECULARCOINCILNEETNEETING-MARCIISANE  MEETNGADIOURNED  Mayor Pro Tem Pierceall adjourned the meeting at 7:24 pm  Mayor Pro Tem' Todd Pierceall  L.A Ashley Smith, City. Attorney Sherry H. Dunaway, City Clerk  rc031516  -150-    TASTONIA Great Place. Great People. Grent Promise. NC Proclamation  WHEREAS, Carl. J. Stewart, Jr., a lifelong resident of Gastonia, born and raised in the Firestone WHEREAS, Mr. Stewart used his scholarship to attend Duke University where he received both his  neighborhood, graduated from Ashley High School and was awarded Firestone Scholarship to any college or university in the nation; and undergraduate andl law degrees and where he was captain oft the Duke University Team, and graduated as law school student body president among other Debating military service with the North Carolina National Guard serving as a Second Lieutenant, began  a four-year  achievements; and  honorary  WHEREAS, after graduation from law school, Mr. Stewart joined al local law firm until he WHEREAS, Mr. Stewart camel home toj practice lawi in Gastonia and was elected to seven  JAG Officer and Iater retiring as Lieutenant Colonel; and North Carolina House of Representatives from 19661 through 1980 he worked diligently to protect Crowders Mountain from  int terms the mined thel legislature,  District ands serving as Speaker oft the House for two terms, becoming representing the first the 38th servet twot termsi ini modern times.. Among many ofhisa achievements whilei int Speaker to with fellow state legislators to get funding approved to create being Crowders strip Mountain and worked State commissions including Chairman of the Board of Directors for Preservation North and Carolina, where he was instrumental in the Loray Mill being donated Preservation North Carolina and later assisting in the process of getting the by Mill Firestone sold to to a private developer and renovated as ai mixed-use residential and commercial property; and where hel has either taught or served as the college attorney for 50 years; and early 1960s, Board of Directors by Governor Mike Easley and re-appointed in 2008 Governor Authority  Park; and  WHEREAS, following his service in the legislature, Mr. Stewart, served on numerous boards  WHEREAS, Mr. Stewart was also instrumental in the creation of Gaston College in the WHEREAS, in 2004, Mr. Stewart was named Chairman of the North Carolina State Ports  Beverly Perdue before resigning in 2012; and and is the father of five children.  by  WHEREAS, Mr. Stewart! has practiced law forr more than 50 years and continues toj practice in Gastonia  NOW THEREFORE, BEI IT RESOLVED, that I John D. Bridgeman, Mayor of the  of  and the Gastonia City Council, do hereby recognize Mr. Carl J. Stewart, City Jr. Gastonia, for his accomplishments and outstanding service to the citizens of Gastonia and North Carolina.  IN WITNESS WHEREOF, Ihave hereunto set my hand and caused the seal oft the of Gastonia  be affixed thist the 21st day of. June, two-thousand and sixteen.  City  to  Attest:  Sherry H.I Dumaway, City  o  dDuuer  6  EXHIBIT E-1    JASTONIA Great. Place. Great. People. Great Promise. Proclamation  NC  WHEREAS, the City of Gastonia in the state of North Carolina has a significant interest  in the continued vitality of general aviation, aircraft manufacturing, aviation educational institutions, aviation organizations and community  airports;and  WHEREAS, general aviation and the Gastonia Municipal Airport have an important WHEREAS, North Carolina is home to 62 publicly-owned general aviation airports, WHEREAS, North Carolina is home to 84 fixed-base operators, 63 repair stations, 463 WHEREAS, the total economic output of general aviation airports in North Carolina is WHEREAS, general aviation not only supports North Carolina's economy, it improves  economic impact ont the City of Gastonia; and  which serve 13,771 active pilots and 6,771 active general aviation aircraft; heliports, 16 FAA-approved pilot schools, 2,539 flight students and 2,532  and  flightinstructors; and over $4 billion; and  overall quality of life by supporting emergency medical and healthcare services, law enforcement firefighting and disaster relief, and by transporting business travelers to their destinations quickly and safely; and Congressional oversight should be in place to ensure stable funding of of the City of Gastonia, do hereby proclaim general aviation a vital strategicr resource tot the City of Gastonia and declare June as GNERALAVATONAFRRECIATONMONTA  and  WHEREAS, the nation's aviation infrastructure represents an important public benefit, THEREFORE, I, John D. Bridgeman, Mayor of the City of Gastonia and the City Council  thiss system;  IN WITNESS THEREOF, Ihereunto set my hand this 21st day of) June ini the year of our  Lord two thousand sixteen.  John D. Bridgeman, Mayor  ATTEST:  Sherry H. Dunaway, City Clerk  EXHIBIT E-2    Food Access  In Gaston County  Oranges  MUSIC Liltle  een  Action  Gouncil  Jest    The Problem  One in every five people in North Carolina is  "food insecure. "  Almost 2 million North Carolina residents live in communities with low access to healthy food, a number which includes over  450,000 children.    Health and the Cost to North  Carolina's Economy  The burden of disease caused by the obesity epidemic has wide-reaching  effects on the state's economy and healthcare costs:  Excess weight has been estimated to cost North Carolina more than $17 billion annually in medical costs and lost employee productivity.  Diabetes alone costs North Carolina more than $5 billion annually in  medical expenses and lost employee productivity.  Employers bear the heaviest cost burden and therefore have strong incentive to support policies and practices that diminish chronic disease  due to diet and lifestyle.    Solutions  Empower young people to participate in advocacy projects like this one.  Work to provide access to nutritious and  affordable food.  Enable community residents to make easy,  healthy choices about their diets.    Gaston County  There are 26 food deserts in our community.  VAlexis  Cherryville  lanley  Spencer  NORTH CAROL  Bowling SOUTH CAROLINA Green  Moynfai    Local Efforts  Corner Store Redesign is an advocacy project that focuses on increasing the  availability and sales of healthy food options by implementing easy, low-cost, and effective  methods for store owners.  The goal of this project is to increase the amount, accessibility, and appeal of healthy  food options in the store.    North Carolina  Alliance for Health  11  the  N.C.Center for Healths.Wellness at UNC Asheville  American U Cancer Societyo  American Heart Associatione Learn and Live  5X  Jesl  NC Justice Center Opporiniry and prospenity for   The  SUPPORT CENTER Your Partner in Small Business Growth    North Carolina Partnerships  SOLUTIONS  yesl  Gates Hertfo Halifax Bertie Nash Edge- Wash- combe rtn ingt Wake" Wison Pitt Beaufort, Hyde Johnston Harnett Wayner Sampson Jones Duplin Onslow Pender  Ashe  Surry Stokes Rocking: Caswellp ham Wilkes Yadkin, Forsyth/ Guilford CaldwellfAlex- Davie ander redell Burke Catabwa Rowan Linca Gaston  Madison CO Hendery son  Randolph Chatham  Sw Graham Cherokes Macon Clay  Labarrus Mont- Stanly/gomery), Moore Rich- Hoke Union Anson mond Scot Robeson Bladen  Key:  Trained Partner  Columbus New Brunswick Hanover  2016 YESI Mini Grant Recipients  YES! Offices  02016) Youth Empowered Solutions    Teen Action Council  The Gaston County Teen Action Council (TAC) is the youth leadership arm of the Gaston County Department of Health & Human Services (DHHS).  TAC aims to improve the health of young people in our community through awareness and education.  TAC also empowers young people to develop and lead health education initiatives for their peers at school and in their communities.    Taking  Action:  Meet with corner store/convenience store owners to help increase sales and redesign stores to promote healthy food sales. Educate the community on food deserts and access issues. Meet with local and state officials to determine ways they can help  and support our work.  Participate in state-level campaigns to work towards a public/private partnership to increase access to healthy food.    Next Steps  TAC will continue working on this project and our next steps  include:  Recruiting new youth-adult groups into the network Continuing education of policy makers about food access issues in NC locally and  NATE  statewide  Tying local success stories into statewide efforts that lead to legislation supporting food  access in NC  Youth Empowered Solutions    NORTH AROLINIAN  Teen Action Council  Advisor: Leigh Yount eahxount@gasionevcon 704-853-5101    MEMORANDUM  Date: To: Thru: From: Subject:  June 9,2016 EdN Munn, City Manager Chief R.C. Helton Rcik Assistant City Manager Todd Carpenter Assistant ChiefTravis Bitain00a63 Item for June 21st City Council Agenda  The Gastonia Police Department recently received a reimbursement check wrecked enduro motorcycle totaling $5205. These funds are currently ini revenue fora account 110-514-335070, iti is requested that these funds be recognized and transferred into expenditure account 110-514-74020 to facilitate the purchase ofa side  vehicle.  by side all-terrain  EXHIBIT 1-1    City of Gastonia Budget Amendment  BudgetI Dept Amendment#  CBF 16-035  ADDITIONALFUNDS Councilapproves) TRANSFERS BETWEENFUNDS (Councila approves) COUNCIL MEETING DATE:  June? 21, 2016 Account) Number  ForBudget UseOnly Existing Budget  Account Description  Increase (Decrease)  Revised Budget  Police Fields Services Equipment- Other Insurance Proceeds  110-514-74020 110-514-335070  $5,205 $5,205  $40,800 $0  $46,005 $5,205  Doest thisa amendmenta adverselyi impact your operation? IFYes- Whatis thei impact?  Yes  No X  REASON FORADUSIMENT SIGNATURES DATE 691 APPROVALS DATE  Torecognizei insurance proceeds received fora wrecked Endro motorcyclet tob beu iusedi fort thep purchaseo ofas sideb bys side all-terrain vehicle.  ORIGINATOR CITYM MANAGER  DATE 06-09-16 DATE  0B  MAlHs  CITY COUNCIL  EXHIBIT 1-2    MEMORANDUM  Date: To: Thru: From: Subject:  June 10, 2016 EdN Munn, City Manager ChiefR.C. Helton RCH Assistant City Manager Todd Carpenter Assistant ChiefTravis Brittain CB Item for June 21st City Council Agenda  The City of Gastonia and Gaston County have been selected to receive funding from the Department of Justice, Bureau of Justice Assistance. will be the fiscal managers of this grant. The Gastonia Police  2016. JAG Gaston County agreed to divide the  County Police Department and Gaston County Sheriff's Office have Department, Gaston  fundsi in the: following manner:  Gastonia Police) Department will receive $34,706.00 Gaston County will receive $25,808.00  The Gastonia Police Department has decided to purchase new State detection devices. The department currently utilizes a total of 25 MPH approved speed units. These units will be removed from the approval list of the State ofl North Carolina beginning 2017. The department speed will need to the units with thel Python II whichi is on the approved list for 2017. The replace ofr all new of and approved speed detection devices will continue to support the efforts purchase oft the Police Department ini its speed enforcement endeavors.  detection Python devices II radar  by Gastonia  EXHIBIT 2-1    CONTRACTNO.  INTERLOCAL. AGREEMENT  BETWEENT THE COUNTY OF GASTON. AND' THE CITY OF GASTONIA,  ALLOCATION OF 2016) BYRNEJUSTICE, ASSISTANCE GRANT (JAG) NCFORTHE PROGRAM  AWARD  This Interlocal Agreement is made and entered into this day of aj political subdivision of the State of North Carolina, acting by and  CITY of Gastonia, a political subdivision of the State of North Carolina, 2016, by and between the governing body, the City Council, hereinafter referred to as the CITY, and' THE acting COUNTY by and through its Board of Commissioners, hereinafter referred to as the COUNTY both through of its governing body, the  of Gaston,  North Carolina.  Gaston County, State of  WITNESSETH:  WHEREAS, this Agreement is made under the authority of N.C.G.S. $$160A-461 WHEREAS, each governing body, in performing governmental functions or in  445()(1);  and 153A- paying for the  performance of governmental functions hereunder, shall WHEREAS, each governing body finds that the performance oft this of both parties, that the undertaking will benefit the WHEREAS, the COUNTY agrees to provide the CITY $34,706.00  payments from current revenues! legally available tot that party; perform and such functions or make such compensates the performing party for the services or functions under this Agreement; and of costs fairly Assistance Grant (JAG) award for the) Programs described in Exhibit A from which the is 2016 attached Byrne Justice  Agreement isi in the best interests  public, and that the division  incorporated: herein by reference; and  hereto and reallocate the JAG set forth, the  WHEREAS, the COUNTY and CITY believe it to be in their best interests to NOWTHEREFORE, for andi in consideration oft mutual promises to each hereinafter  funds received byt the COUNTY as set forth herein. CITYa and the COUNTY mutually agree as follows:  asl  Section1.  COUNTY agrees to allocate to CITYat total of$ $34,706.00 from the 20161  JAG: funds  by COUNTY.  Byrne  received  Section 2.  CITY agrees to utilize $34,706.00 of these funds for the programs and uses which is attached hereto and incorporated herein by reference.  described in Exhibit A  expended nol later than September30.2019  The funds described herein shall be  EXHIBIT 2-2    Section 3.  Nothingi in the performance oft this Agreement shall impose any than claims for which liability may be imposed by applicable law. liability  for claims  against CITY other  Section4.  Nothing in performance of this Agreement shall impose any liability for claims other than claims for which liability may bei imposed by applicable law.  against COUNTY  Section 5.  Each party to this Agreement shall be responsible fori its own actions inj providing services  Agreement and shall not be held accountable for any civil liability or furnishing of services orj programs by the other party.  that  under this  penalty may arise from the  Section 6.  Thej parties to this Agreement do: not intend for any third party to obtain  this Agreement.  any right or rights by virtue of  Section 7.  Bye entering into this Agreement, the parties do noti intend to create  other than those set out herein.  any obligations express or implied  Section 8.  This Agreement may be amended in writing only, and such written amendment  authorized representatives of both parties tot this Agreement.  must be signed by  1.  Responsibilities of thel Parties.  a.  Fiscal Agent. COUNTY shall serve ast the 20161 Fiscal Agent fort the 20161 Byrne JAG  Program award described herein.  b. Pass' Through to City. COUNTY agrees to allocate to CITYat total  the 2016) Byrne. JAG funds received by COUNTY.  of$34,706.00 from  City's Use of Awarded Funds. CITY agrees to utilize the entire amount oft these funds ($34,706.00): fort the programs and uses described in Exhibit. A, which is attached and incorporated herein by reference. The funds described herein shall be  hereto expended  by CITY by no later than September 30, 2019.  EXHIBIT 2-3    d.  Reimbursement to City. CITY'S expenditures chargeable against its portion ofi the 2016J JAG funds willl be submitted tot the COUNTY on a quarterly basis. COUNTY will reimburse CITY on a quarterly basis upon submission ofa appropriate documentation. Reimbursements to CITY shall note exceed the amount awarded to Special Conditions. As a Byrne JAG Sub-Awardee for FY 2016, CITY comply with all special conditions applicable toi this award to COUNTY as Prime agrees Programmatic Conditions. As a Byrne JAG Sub-Awardee for FY 2016, CITY agrees to all monitoring, financial, and programmatic conditions set forth in the applicable Grant Management and. Accounting Policies and Procedures Manual. NOTICES. Any notice, consent or other communication required or contemplated Agreement shall be in writing, and shall be delivered in person, by U.S. mail, by this courier, by electronic mail or by telefax tot the intended recipient at the address set by overnight Notice shall be effective upon the date of receipt by the intended notice which is sent by telefax or electronic mail shall also be simultaneously recipient; provided sent that any deposited with the U.S. Postal Service or by overnight courier. Each address for notification purposes by giving the other party written notice party of the may new change its  CITY: fort the 20161 Byrne JAG Program ($34,706.00).  e. f.  to  Awardee.  2.  forth below. by mail address  andt the date upon whichi it shall become effective.  (This space left blanki intentionally)  EXHIBIT 2-4    In witness whereof, the parties have caused this Agreement to be executed in  the day and year first above written. CITY OF GASTONIA City Manager ATTEST: City Clerk  their respective names  GASTON COUNTY Ea 77 2 County Manager ATTEST: flerk the Board G  a BB  ord  V  APPROVED. ASTOFORM: (Asst.) City Attorney STATE OFI NORTH CAROLINA COUNTY OF Gastonia City Police  (Asst.)  Attorney  2  I certify that  al Notary Public of the aforesaid County and State, do hereby  personally appeared before me this day and  acknowledged that shei is the 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 City  Manager, sealed with its corporate seal and attested by her as its City Clerk.  WITNESS my hand and Notarial Seal, thist the  day of  2016.  Notary Public  My Commission Expires:  STATE OFI NORTH CAROLINA COUNTY OF GASTON  EXHIBIT 2-5    I, Angule Facks certify that Donna BuAD  al Notary Public of the aforesaid County and State, do hereby  personally appeared before me this day and  acknowledged that she is the Clerk to the Board of Commissioners of Gaston County and that by authority duly given and as the act of the County, the foregoing instrument was signed in its name by  its County Manager, sealed withi its corporate seal and attested by her as its Clerk. WITNESS: my hand and Notarial Seal, this the 6K dayof.luy2016.  hhrh - Sbos Notary Public  My Commission Expires: Aupwt & 2019  ANGELASTACKS NOTARYPUBLIC GASTON COUNTY, NORTH CAROLINA  EXHIBIT 2-6    EXHIBIT A  EXHIBIT 2-7    Program Narrative--20161 Local JAG for Gaston County  A. Program Purpose and Objectives  The purpose of this joint application is to provide resources for Gaston County's three largest law enforcement agencies to enhance their capabilities for preventing, intervening, suppressing and managing crime and disorder within each agency's respective jurisdiction. Each agency has its own set of needs,  this funding will help to alleviate financial burdens currently  and  Gaston County.  being experienced in  The 2016 Justice Assistance Grant (JAG) will provide resources Gaston County's law enforcement agencies to respond to local needs for conditions amid the current economic struggles by 1) providing necessary and equipment to increase officers' safety, 2) enhance community safety and well- As a certified disparate jurisdiction, the City of Gastonia and Gaston County will apply jointly for the 2016 Edward Byme Memorial Justice Assistance Grant funding. Gaston County will serve as the lead applicant. This  being, and 3)i improve overall law enforcement operations.  will funding  be divided among the projects detailed below. B. Organization Capabilities and Competencies  Gaston County has a Grant Management and Accounting Policies and Procedures manual that details all aspects of tracking grant funds, expenditures, and assets. All grant funds are tracked through separate account and numbers. Draw downs for. JAG expenditures are on a reimbursement basis. project Gaston County is a certified disparate jurisdiction, and direct appropriations JAG funding will be made to the following agencies: Gaston County Sheriff's of Office, Gaston County Police Department and the City of Gastonia Police Department. All participating agencies will be required to track JAG funds separately and report on their use on a quarterly basis. Each identified a staff contact person for the JAG program and that individual agency will has be responsible for reporting to the County's Grants Administrator by the fifth after the end of each quarter in order to submit the joint report within ten day of the quarter's end. Quarterly reports will be structured to include days documentation and bidding records to help ensure that sub-recipients purchasing adhere to  JAG guidelines.  1. City of Gastonia Police Department: $34,706.00  A. The Gastonia Police Department proposes to use 2016. Justice Assistance Grant funds to purchase new State-approved speed detection devices. Currently, the Department uses MPH Industries' Python II radar units. The  EXHIBIT 2-8    State of North Carolina has published a new list of  detection devices for use in NC with a compliance deadline approved of June speed but the Department's current units are not included on the list. 2017, The Department will need to replace all of its existing devices with Industries Python II radar units by 2017 to be compliant with Staté MPH This project will address Policing, Equipment General, and Radar Monitoring. While this equipment purchase project does not include specific partnerships, the Gastonia Police Department does partner with the Gaston County Police Department, Gaston frequently Sheriff's Office and the North Carolina Highway Patrol to address County  requirements.  any  speeding issues andi to help reduce crashes. 2. Gaston County (Police Department): $11,568.00  A. The Gaston County Police Department proposes to use 2016 Justice Assistance Grant funds to purchase simunition protective materials, simunition conversion kits for firearms and simunition gear, rounds. training This equipment will allow the Department to provide reality-based firearms training toi its officers using standard issued firearms. This project will enhance the law enforcement program and will address  Equipment General and Firearms. 3. Gaston County (Sheriff's Office): $14,240.00  A. The Gaston County Sheriffs Office proposes to utilize 2016 JAG funding top purchase website maintenance to assist in the process and self-sustain a website to provide interactive information to the ability which would include the following: jail (inmate) information, community victim services, daily operations of the Sheriffs Office, employment opportunities, statistical information, forms and applications, programs, upcoming events, court information, services, divisions, information. This is an on-going project of the Sheriff's Office and and. the. budget JAG funding will assist int the maintenance. ($2,000.00) This project will address enhanced Communications, and Evaluation, and Technology Improvement Programs, and Planning, and Education Programs within the Sheriff's Office. B. The Gaston County Sheriff's Office proposes to utilize 2016 JAG to purchase equipment for the specialized Motorcycle Unit. The funding will outfit three (3) specialized, trained Deputies with full-faced modular funding  to  Prevention  EXHIBIT 2-9    police helmets with decaling, radio communications for each helmet and safety rain gear. These are the most requested items for this unit when providing motorcycle training, conducting presentations and assignments associated with this specialized unit ($3,900.00) implementing This program will enhance the general Law Enforcement Program providing updated equipment for the Motorcycle Unit that will ensure by C.T The Gaston County Sheriffs Office proposes to utilize the JAG funding to purchase a Fargo HDP 5000 Identification Card includes software, cards, ribbons, and various supplies System. camera kit. The card system will produce identification cards along for purposes for full time, part time, and reserve Officers as well as Civilian Employees. The dentification Deputies cards and will Detention worn by the office's chaplains, visitors, and vendors who provide also various be programs within thej jail facility to the inmates. This is an with equipment needs that have not been completed because ongoing of financial project constraints. The JAG funding will assist in completing this as replacing supplies and ribbons that are needed for project newly as hired well employees and replacing damaged or old ID Cards. ($8,340.00) This equipment purchases support the general Law Enforcement Program through enhanced security within the jail facility.  deputies' safety ini the field.  The with system the security  4. Gaston County (Administrative Costs): $2,776.00  A. Administrative costs for the four-year period of the grant award (approximately $694/yearly) will cover grant oversight including oversight, recordkeeping, financial reviews, program performance program reporting, and financial reporting, reimbursements and drawdowns.  EXHIBIT 2-10    Çity of Gastonia Budget Amendment  BudgetDept Amendment#  CBF 17-001  ADDITIONALFUNDS (Councila approves) TRANSFERS BETWEEN: FUNDS (Couneilapproves) COUNCIL MEETING DATE:  June 21,2016 Account Number  For Budget UseOnly Existing Budget  Account] Description  Increase (Decrease)  Revised Budget  Locai Law! Enforcement) Block Grant Non-Capital equiment USDOJE Block Grant  176-566-34000 176-566-349330  $34,706 $34,706  $0 $0  $34,706 $34,706  Doest this amendment adverselyi impacty youro operation? IfYes- Whatisti thei impact?  Yes  No  REASONT FORA ADJUSTMENT SIGNATURES DATE APPROVALS DATE  Torecognize fundingf fromt the2 20161 USI DOJE Block Grantt top purchaser new State approveds speed detection devices  ORIGINATO Crysta CITYN MANAGER  HEAD  DATE 6/10/2016 DATE  HBlLs  tdaBiacsuy  CrTY COUNCIL  EXHIBIT 2-11    MEMORANDUM  Date: To: Thru: From: Subject:  June 9,2016 Edl Munn, City Manager ChiefR.C. Helton  Assistant City Manager Todd Carpenter Assistant ChiefTravis Brittain  Budget Amendment for. June 21st City Council Agenda The Gastonia Police Department is requesting that council  amendment that will facilitate the acceptance of revenue funds accept al budget officers int the field for real mapping time crime andt tracking data. system that willl be utilized by patrol placedi in aj pass through account to provide Justice An additional $26,808 in funds willl be  Assistance Grant. This noi match the purchase ofa crime County Sheriff's Office and the Gaston  from the 2015. Justice  grant totaling $31,215 ini revenue will provide funds for  Assistance Grant Funds to the Gaston  County Police Department.  EXHIBIT 3-1    City of Gastonia Budget Amendment  BudgetDept Amendment#  CBF 16-036  ADDITIONAL FUNDS (Councila approves) TRANSFERS BETWEEN: FUNDS (Coancilapprove) COUNCIL MEETING DATE:  June2 21, 2016 Account] Number  For BudgetUsel Only, Existing Budget  Account Description  Increase (Decrease)  Revised Budget  Police  Justice Assistance Grant Contracted Services County Pass Through JAGI Reimbursement  176-565-45000 176-565-45020 176-565-349330  $31,215 $26,808 $58,023  $0 $0 $0  $31,215 $26,808 $58,023  Does this amendmenta adverselyi impacty your operation? IfYes- Whati ist thei impact?  Yes  No  REASON FOR ADIESIMENT SIGNATLRES DATE DEPARTMENT HEAD APPROVALS DATE Crry COUNCIL  Tor recognize. Justice Assistance Grant Funds andy passt throught for Gaston County. Justice Assistancel Funds  ORIGINATOR CB CITY MANAGER  DATE DATE  69k6 - Kiblegklsn 06-09-16  EXHIBIT 3-2    ASTONIA Great. Place. Great. People. Great. Promise.  NC  MEMORANDUM  Date: To: Thru: From: Subject:  June 2, 2016 Edl Munn, City Manager  Michael Peoples, Assistant City Manager - Operations Matt Bernhardt, Director ofPublic Works and Da- Item for. June 21, 2016 City Council Agenda  REVENUE RECOGNITION. AND APPROVALI BUDGET AMENDMENTH 16-037  The City of Gastonia's annual maintenance contract with Econolite for the traffic signal system software is for $16,700. Thel North Carolina Department of Transportation (NCDOT): reimburses the City for 90.9% ($15,180) oft the contracted amount. At1 this time, we are: requesting that the NCDOT reimbursement proceeds ($15,180)be transferred from the' Traffic Operations' revenue account 110-559-34800 to Traffic  Operations' expenditure account 110-559-16010.  RECOMMENDATION:  Itis therefore recommended that the attached budget amendment to transfer funds from Traffic Operations account 110-559-34800 into account 110-559-16010 in the  amount of$15,1801 be approved.  Matt Bernhardt Attachment  Director ofl Public Works and Utilities  EXHIBIT 4-1    Budget Dept CF Amendment# 16-031  CITY OF GASTONIA BUDGET AMENDMENT  LINEI ITEM' TRANSFERS WITHIN BUDGET APPROPRIATION (City Manager approves unlimited amount between divisions within appropriations) TRANSFERS BETWEEN APPROPRIATIONS (City! Manager approves unlimited amount between appropriations)  ADDITIONAL FUNDS AND TRANSFERS BETWEEN FUNDS  (Council approves) COUNCIL MEETING DATE:  June 21,2016 ACCOUNT NUMBER 110-559-16010 110-559-348000  FORBUDGET USEONLY EXISTING BUDGET  ACCOUNTI DESCRIPTION Public Works Traffic Services MaintRepair-Roads: & Utility NCI Depto ofTransportation  INCREASE (DECREASE) 15,180 15,180  REVISED BUDGET  67182 82,362 240,000  255/80  Doest this amendment: adversely impact your operation? Yes  IfYes- Whati is the impact?  No  X  Tore recognize revenue: fromt the! NCDOT: fort the Traffic RASONFORADISINENT Signal System Software. Annual Dale Denton, Division Manager ofPublic Works 06/10/16 Matt Bernhardt,  Maintenance Agreement  ORIGINATOR CITY MANAGER Edward C.I Munn REV.02/08/95  SIGNATURES DATE APPROVALS: DATE 06/10/16  DEPARTMENT HEAD CITY COUNCIL  DATE DATE  Director ofPublic Works & Utilities 06/10/16  EXHIBIT 4-2    MEMORANDUM  DATE: TO: THRU: FROM: SUBJECT:  June 8, 2016 Edl Munn, City) Manager Michael Peoples, ACM/Operations  Matt] Bernhardt, Director of Public Works and' Utilities Item for. June 21, 2016 City Council Agenda  RESOLUTION ANDI BUDGET. AMENDMENT: RELATEDTO NCDEQ CLEAN WATERSTATE REVOLVINGI LOAN FOR THE CONSTRUCTION OF PHASE2SOUTH FORK SEWER PROJECT  Thel Project  The City of Gastonia, Town of McAdenville and Pharr Yarns LLC have been construction of sewer infrastructure to convey existing wastewater from the McAdenville working and Yarns. The new infrastructure will eliminate the existing McAdenville and Pharr Yarns wastewater Pharr treatment plants along with their respective discharge outfalls into the South Fork Catawba River. Flow will be conveyed from McAdenville via ai new gravity main, force main and a new regional that will bel located near the existing McAdenville wastewater treatment plant. The flow will pump be station tot the existing Duhart pump station and then to Long Creek wastewater treatment plant. The pumped for the project was funded by a previous Clean Water Management Trust Fund (CWMTF) Grant design and is This project is funded partially by a Clean Water Management Trust Fund Grant and a loan from the NCDEQ State Revolving Loan (SRL) program. The initial estimated cost oft the project was $2.81 million. Ina addition top providing the funding for the design oft the project in aj previous grant, CWMTF is $600,0001 for the construction oft the project. The estimated $2.2 million dollars required for construction funding oft the project was approved to be funded with a zero percent loan secured from the SRL program. The cost oft the project have escalated and the current estimate is $3.4 million dollars. The Clean Water State Revolving Fund Loan Program has additional zero percent loan funding available toi fill the for the project. They have indicated that they have $2,999,839 available for the project. The funding $799,839 gap increase in funding has been approved and the City has received an loan acceptance additional funds. In addition, the Gaston County Board of Commissioners has approved package the contribution The attached resolution is required as part of the loan acceptance package. The loan (from the Carolina Department of Environmental Quality) will allow the project to continue and further promote North regionalization of wastewater utilities in Gaston County which will be of benefit to the citizens ofe each The additional wastewater flow discharged into the City's system by the project will generate sufficient revenue to pay operational costs, including debt service, for the project. The attached Budget Amendment recognizes additional $799,839 in loan funds from the NCDEQ State Revolving Loan  towards  nearing completion. Funding  for the  of$500,000t to thej project  participating community.  construction oft the project. RECOMMENDATION:  Program for the  ITIS, THEREFORE, RECOMMENDED THAT CITY COUNCIL APPROVE THE ATTACHED RESOLUTION ACCEPTING THE REVISED CWSRL LOAN IN THE AMOUNT OF $2,999,839 AND THE BUDGET AMENDMENT FOR THE INCREASED REVENUE AND EXPENDITURES FOR THE PHASE 2 SOUTH FORK SEWER  PROJECT.  (Presentation: Matt Bernhardt)  Matt Bernhardt  Director of Public Works and Utilities  EXHIBIT 5-1    RESOLUTION. ACCEPTING A CWSRLLOAN: FOR' THEI PHASEII-SOUTH WHEREAS, Thel North Carolina Clean Water Revolving Loan and Grant Act of 19871 has authorized the making of loans and grants to aid eligible units ofg government: in financing the cost of construction of wastewater treatment works, wastewater collection systems, WHEREAS, the North Carolina Department of Environmental Quality has offered a State Revolving Loan in the amount of $2,999,839 for construction of the Phase II - WHEREAS, City of Gastonia intends to construct said project in accordance with the NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY Thatt the City of Gastonia will accept the State Revolving Loan offer of$2,999,839. That the City of Gastonia does hereby give assurance to the North Carolina Department of] Environmental Quality that all items specified the loan offer, Section II - Assurances That Edward C. Munn, City Manager, and successors so titled, is hereby authorized and directed to furnish such information as the appropriate State agency may request in connection with such application for the project; to make the assurances as contained above; and to execute such other documents as may be required in connection with the That the City of Gastonia has substantially complied or will substantially comply with all Federal, State, and local laws, rules, regulations, and ordinances applicable to the WITNESS, my hand and official seal of the City of Gastonia on this the day of June,  FORK SEWER PROJECT  water supply systems, and water conservation projects, and  South Fork Sewer Project; and approved plans and specifications;  OF GASTONIA:  willl be adhered to.  application.  and tol Federal and State grants andi loans pertaining thereto.  project  2016.  John D. Bridgeman, Mayor  ATTEST: (Deputy) City Clerk  EXHIBIT 5-2    CERTIFICATION BY RECORDING OFFICER  The undersigned duly qualified and acting City Clerk oft the City of Gastonia does hereby certify: Thatt the attached resolution! isat true and correct copy oft the resolution: authorizing the acceptance ofa Clean Water State Revolving Fundl Loan from the State of North Carolina, as regularly adopted atal legally convened meeting of the such resolution has beenf fully recorded int the journal ofp proceedings and records inr my office. IN WITNESS  Cityo of Gastonia City Council duly held ont the WHEREOF, Thave hereunto set my handt this_  day of_ day of  20_ 20_  and, further, that  (Signature of Recording Officer)  (Title ofF Recording Officer)  EXHIBIT 5-3    Budget) Dept CE Amendment# 16-039  CITY OF GASTONIA BUDGET AMENDMENT  LINE: ITEM TRANSFERS WITHIN BUDGET. APPROPRIATION (City Manager: approvest unlimited amount! between divisions within appropriations) TRANSFERS BETWEEN APPROPRIATIONS (City Manager approves unlimited: amount! between appropriations)  ADDITIONAL; FUNDS AND TRANSFERS BETWEEN FUNDS  (Council approves) COUNCILI MEETING DATE:  June 21, 2016 ACCOUNT NUMBER  FOR BUDGET USEONLY EXISTING BUDGET  ACCOUNT DESCRIPTION Water & Sewer Fund- Capital Projects Regionalization Capital Outlay-Utility System Imp. Water & Sewer Fund- Capital Projects Regionalization Loans Proceeds-NCSRL  INCREASE (DECREASE)  REVISED BUDGET  462-800-73010 462-800-350080  799,839 799,839 No  3243106 4,063545 2,200,000 2,999,839  Does this amendment adversely impact your operation? Yes  X  IfYes- Whati is thei impact?  REASON FOR ADJUSTMENT SIGNATURES DATE APPROVALS DATE 06/09/16  Torecognize additional funding from the State Revolving Loan Account for Phase II ofthe Southfork Regional Sewer Project  ORIGEATOR/ Mike Bynum, Division CITY MANAGER Edward C.I Munn REV.02/08/95  DEPARTMENT HEAD CITY COUNCIL  DATE DATE  EEF  Manager TRUI Engineering06/09/16  Matt Bernhardt, Director ofPablic Works & Utilities 06/09/16  EXHIBIT 5-4    MEMORANDUM  DATE: TO: THRU: FROM: SUBJECT:  June 8, 2016 Edl Munn, City Manager Michael Peoples, ACM/Operations  Matt Bernhardt, Director of] Public Works and Utilities Item for June 21, 2016 City Council Agenda  RECOGNITION OFI FUNDS FROM THE TOWN OF CRAMERTON] FOR The City of Gastonia, Town of McAdenville and Pharr Yarns LLC have been construction of sewer infrastructure to convey existing wastewater from the McAdenville working and Yarns. The new infrastructure will eliminate the existing McAdenville and Pharr Yarns wastewater Pharr treatment plants along with their respective discharge outfalls into the South Fork Catawba River. will be conveyed from McAdenville viaa a new gravity main, force main and ai new that will be located near the existing McAdenville wastewater treatment plant. The regional flow will pump bej tot the existing Duhart pump station and then tol Long Creek wastewater treatment plant. The pumped for the project was funded by a Clean Water Management Trust Fund (CWMTF) Grant received design the Town Inj preparing for the grant closeout, the Town of Cramerton has determined that funding is available reimburse the City of Gastonia for a portion of the surveying cost to prepare the sewer line easement to The attached Budget Amendment is required to recognize the funds to be received from the Town of  PHASE2SOUTHI FORK SEWERI PROJECT  towards station Flow  ofCramerton: andi ist nearing completion.  byt  maps for thej project.  Cramerton. Staff recommends the approval oft thel Budget Amendment as attached.  RECOMMENDATION:  IT IS, THEREFORE, RECOMMENDED THAT CITY COUNCIL APPROVE THE ATTACHED BUDGET AMENDMENT TO RECOGNIZE THE FUNDS FROM CRAMERTON. AND TO PLACE THEM IN THE: PROPER PROJECT ACCOUNTFOR  THE) PHASE2SOUTH) FORK SEWERI PROJECT.  (Presentation: Matt Bernhardt)  Matt Bernhardt  Director of] Public Works and Utilities  EXHIBIT 6-1    Budget) Dept CE Amendment# 1-040  CITY OF GASTONIA BUDGET AMENDMENT  LINE ITEM TRANSFERS WITHIN BUDGET APPROPRIATION (City! Managera approves unlimited amounth between divisions within: appropriations) TRANSFERS BETWEEN APPROPRIATIONS (City Managera approves unlimited amounth between: appropriations)  ADDITIONALI FUNDS AND' TRANSFERS BETWEENI FUNDS  (Council approves) COUNCIL MEETING DATE:  June 21, 2016  FORI BUDGET USE ONLY EXISTING BUDGET  INCREASE  ACCOUNT! DESCRIPTION Water & Sewer) Fund- Capitall Projects Regionalization Professional Services Water & Sewer Fund- Capital Projects Regionalization Reimbursement-Other. Municipality  ACCOUNT NUMBER (DECREASE)  REVISED BUDGET  462-800-04000 462-800-336040  16,683 16,683 No  183,495 200,178  26571  43,260  Does this amendment adversely impact your operation? Yes  X  IfYes- What is thei impact? Sewer Project ORIGINAIOK Mike CITY MANAGER Edward C.I Munn REV.02/08/95  REASONI FOR ADJUSTMENT SIGNATURES DATE APPROVALS DATE 06/09/16  Tor recognize funds tor reimburse the City aj portion oft thes survey amd mapping costs for the easements ont thel Phase) II- Southfork  DEPARTMENT CITY COUNCIL  DATE DATE  RAF  Bynyn, Division Manager TRUI Enginering06,09/16  Matt Bernhardt, Director ofPublic Works & Utilities 06/09/16  EXHIBIT 6-2    Memorandum  To: From: Date: Re:  Mayor Bridgeman and City Council Members  Todd Carpenter, Assistant 6/14/2016  City Manager  Through: EdN Munn, City Manager  Property and Liability Insurance  Recommendations  The City's property andl liability are: $50,000 on1 the] Property, Inland  duet tol bei renewed on. July 1,2016. insurance, The workers compensation insurance, and airport Trident/Argonaut through Watson Insurance. City's property and liability insurance is  insurance are  The deductibles for the property and currently with  Coverage and $100,000 on the General Marine, Employee Benefits, Comp/Collision and liability coverages Officials. Thej proposed renewal rate for Liability, FY Auto Liability, Law Enforcement, and Crime Public $11,190or1.9996 Thei increase is due toi increased 16/17 is $573,278. The renewal reflects an AJ Gallagher. The current self-insurance liabilityi insurance is currently with Safety National coverage to thei market, but was unable to retentioni is $500,000 per claim. AJ minimum loss fund which is retention of $600,000 per claim. The  values in the property lines.  increaseof through  The City's workers compensation excess available was as self-insurance  get a quote on1 the same] level ofo Gallagher tookt the  coverage. The best option as well as the increasei in  minimum loss fund. Thej $2,564,032. The City hasn't had claims proposed that policy also removes the $223190r18.9894 The proposed rate for FY 16/17is $139,921. The have gotten close to the Gastonia'sp administration: property and1 liability claims and thev workers League of Municipalities to handle the  salaries.  increase is due to thet tightening ofther market renewwal reflects ani increase of  The City currently has an agreement with the NC for FY 16/17 reflects notification onlyt to $7801 forl  fort the property and  compensation claims. The large sewer back up claims. The  City of current cost of claims proposed renewal for the is $180: for med  claim varies from $65 fori only and $1,100 for lost time. The The City's airporti Although willl be sufficient.  liability claims ofFY 15/16is  approximately $41,000. The cost per  no change in cost  workers compensation for FY 15/16 willl per claim. The current cost of claims forFYi 15/161 is $6,100. insuranceis There is currently with Phoenix Aviation through  bea approximately $23,000. The cost administration claim  proposed renewal for FY16/17reflects per  no change in cost] per claim.  no change in the proposed rate for FY 16/17. Wells Fargo. The premium  there are some increases int the  proposals above, stafft believes thet total funding for FY16/17  EXHIBIT 7-1    MEMORANDUM  DATE: TO: FROM: THRU:  June 10, 2016  Edward C. Munn, City Manager Tucker. Johnson, PE, Assistant City Engineer Rusty Bost, PE, City Engineer  SUBJECT: TEMIORJUNEZL,20L6, CITY COUNCIL MEETING  FINAL. RECORDING PLAT  SPENCER MOUNTAIN VILLAGE PHASE2MAP3  Spencer Mountain Road Venture, LLLP has submitted a final recording plat for their property to be known as Spencer Mountain Village Phase 2 Map 3. Phase 2 Map 3 contains 44 single-family lots (see attached exhibit map). Approval of this plat will increase the total number of platted lotst to 95 of511 maximum that willl be located within Gastonia City Limits. Thej property is located on the south side ofOld Spencer Mountain The Gastonia Planning Commission approved the preliminary subdivision plat by a unanimous vote on June 9, 2005 subject to the conditions recommended by the City  Road and is zoned PD PRD.  Engineer in ar memo to the Commission dated May 19,2005.  Public water ands sewer will servet the lots.  The owner plans 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 the final plat is recorded. No Certificates of Occupancy willl be issued until the construction This final subdivision plat is in substantial conformance with the plans as originally submitted and meets requirements of the Gastonia Subdivision Ordinance.  isc complete.  Therefore, this plati is RECOMMENDED for approval. (Presentation to be made by: Rusty Bost) N Tucker Johnson Assistant City Engineer  EXHIBIT 8-1    LOWER DALLAS Hwy  - le  DEVOND DR  DOGWOODLN  MAY RD  STARVIEWLN  HEATHER I RIDGECT  Da SoNIaas Na0N34S  yo  CAMPGROUND RD  o  Aanesaw  Da TTONY NOISV3  #  ROSBADE  ua> XE38033AAVO  -e  EXHIBIT 8-2    OLDS SPEMOEMOWMIANROAD E  a%  EASTWAYE DRIVE  FUTURE EASTWAYDRIVE  s% a a * a5 as  ak  ai ak  E  SPEN MOUNTAIN CAROLINA SPENCER BOAD  ESP    MEMORANDUM  DATE: TO: FROM: THRU:  June 10, 2016  Edward C.J Munn, City Manager Tucker. Johnson, PE, Assistant City Engineer Rusty Bost, PE, City Engineer  SUBJECT: ITEMI FORJ JUNE 21, 2016, CITY COUNCIL MEETING  FINAL: RECORDING PLAT CROWDERS VIEW PHASE2N MAP3  D.R. Horton-Regent, LLCI has submitted a final recording plat fort their property on Hope Marian Street, between Archie Whitesides Road and Carson Road, to be known as Crowders View Phase 21 Map3. Phase 2 Map 3 contains 31 single family lots. Approval ofthis plat willl bring the total number ofj platted lots to 39 of391 maximum. The property The Gastonia Planning Commission approved the preliminary subdivision plat by a unanimous vote on October 8, 2015 subject to the conditions recommended by the City  isl located within the Gastonia Corporate limits andi is zoned] RS-8. Engineer in ar memo to the Commission dated September 10, 2015.  Public water and sewer will serve the lots.  The owner plans to post a bond for the sidewalk and street trees. This final plat or any portion ofi 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 the This final subdivision plat is in substantial conformance with the plans as originally submitted and meets requirements of the Gastonia Subdivision Ordinance.  final plat is recorded.  Therefore, this plati is RECOMMENDED for approval. (Presentation to be madel by: Rusty Bost) A Tucker Johnson, PE Assistant City Engineer  EXHIBIT 9-1    BLVDW   WFRANKLINE  WFRANKLINE BLVDE  HANKS CIR  SEWARD DR  MOERS  VEWD DR  SUBJECT SITE  HOPEA MARANS  ST  GLENMALIEN DR  FARSON RD  GRAYWOOD DR  EXHIBIT 9-2    T  SMAne  53 52 R he 51 CRORPERSE  : F 63 62 61 E AE  ha 67  13  12  56 37 L H  35 # 36  m  F WY  M F 59 R7- 58  7, 73 7.  100 Wy 101  7 is 76,  83,  739  x 87,  s  89,  109    GRAPHIC SCALE.  AMNS SHEET TITLE RECORD PLAT 8.887 ACRES CROWDERS VIEW PHASE 2 MAP 3 HORTON- HC 2109 GWI  HouLs, INC. rins    MEMORANDUM  TO: FROM: DATE:  Ed Munn, City Manager  Matt Bernhardt, Director of Public Works & Utilities  THROUGH: Michael Peoples, Assistant City Manager/Operations SUBJECT: ITEM FOR. JUNE 21, 2016 CITY COUNCIL AGENDA  June 8, 2016  UTILITY SERVICE AGREEMENT = CITY OF LOWELL  The City of Gastonia and the City of Lowell entered into an Interlocal Water and Sewer Service Utility Agreement on December 5, 2006. As part of the agreement, Two Rivers Utilities (TRU) provides water and sewer services to properties within the city limits of Lowell in the Franklin Square area along East Franklin Boulevard. The City of Lowell purchases water and sewer services for the properties from the City The City of Lowell has requested to have the customers in the Franklin Square area that are currently City of Lowell customers become City of Gastonia customers. This change will benefit the City of Gastonia, the City of Lowell and the customers in the Franklin Square area by reducing the complexity in the billing. As per the agreement the customers in the Franklin Square area that are within the Lowell city limits will be The City of Gastonia and the City of Lowell will work together with the affected customers to make the transition from the City of Lowell to the City of Gastonia The attached agreement was drafted by the Legal Department and has been reviewed and approved the City of Lowell. Staff recommends that the agreement be Itis recommended that the attached Utility Service Agreement between the City of Gastonia and the City of Lowell for the properties in the Franklin  and bills the customers within their city limits.  billed at the inside city water and sewer rate.  billing systems. approved. Recommendation: Square area be approved. (Presentation: Matt Bernhardt)  Matt Bernhardt  Director of Public Works and Utilities  Exhibit 10-1    Lowell Customers in Franklin Square  TWORIVERS  3778  3932  3940  3924  4024  EFRANELINEIYOW  EHERN 250  inch= 206 feet  FRANALINEIVOE  Feet 2,000  500  1,000  1,500  Frankl Square6Z016.mxd    STATE OFI NORTH CAROLINA COUNTY OFGASTON  UTILITY SERVICE. AGREEMENT  THIS AGREEMENT, made and entered into this the and between the City of Gastonia, a North Carolina hereinafter referred to as the "Customer".  of day  2016, by  referred to as the "City" and the City ofLowell, al North Municipal Carolina Corporation, hereinafter  Municipal Corporation,  WITNESSETH  WHEREAS, City and Customer have entered: into an agreement dated December a copy of which is attached hereto as Exhibit "B" and incorporated herein pursuant to which Customer has agreed toj purchase water and sewer City for certain specified addresses located within the City limits of Customer utility WHEREAS, pursuantt tot the 20064 Agreement, such commercial customers would bes directly by City but would be utility customers of and would be billed by Customer; served and WHEREAS, City and Customer have determined that it is in the best interests of parties fors such utility customers tol be served by and be utility customers of City. both  5, 2006, by services reference, from (the "2006  Agreement:); and  NOW' THEREFORE, for and in consideration oft the covenants and Termination of 2006 Agreement. The parties agree that the 2006 hereby terminated and that the terms and conditions of this regard to the addresses listed on Exhibit "A" which is attached Agreement hereto  set: forth, the parties agree as follows:  conditions hereinafter shall Agreement is govern with and incorporated  1.  herein by reference (the "Addresses")  2.  Application for Service. Customer agrees thatt the City shall be  water and waste water utilitys services directly tot the Addresses and that the. allowed toj provide no longer be utility customers of the Customer. The Addresses shall be Addresses shall application to City to receive service and shall be billed at the rate required to make customers. located within the Cityl limits ofCity. Customer shall have payable by utility The Addresses shall be subject to all rules, regulations and ordinances Agreement remains in effect. customers of City and shall be subject to termination ofs service in the applicable same to utility shall continue and remain in full force and effect so long as of date of execution and  withi regardt to utilitys service fori the Addresses sol long as this  noi further obligations  other utility customers of City. remain customers oft the City.  manner as all  3. Term. This Agreement shall be effective from and after the  any the Addresses shall  Agree1429  EXHIBIT 10-3    4.  Invalid Terms. Should any one or more of the provisions  Agreement bel held invalid, illegal, or unenforceable in  contained in this  and enforceability oft the remaining provisions containedi ini any this respect, the validity, legality way be affected or impaired thereby, and this Agreement shall Agreement shall noti in any force and effect. If any such provision is held to bei invalid or otherwise remain in full the request of either party, the parties shall attempt in good faith unenforceable, to  then upon negotiate and agree  upon ai replacement provision.  5.  Governing Law and Jurisdiction. North Carolina law shall interpretation and enforcement of this Agreement, and any other matters govern the Agreement (all without regard to North Carolina conflicts of law actions or other proceeding relating to this Agreement shall be principles). in a state All legal sitting in Gaston County, North Carolina. By execution of this brought submit tot thej jurisdiction ofs said court andl herebyi irrevocably waive Agreement, the parties thatt they may have withi respect to venue: in any state courts sitting in Gaston any and all objections successors and permitted assigns. Neither party may assign this Agreement parties and their  relating to this  court  Carolina. 6.  County,North without the without the written of andi counterparts, it shall not than one such  Binding) Nature and Assignment This Agreement shall bind the prior written consent of the other party. Any assignment attempted Counterparts. This Agreement may be executed in number each of which when SO executed and delivered shall be deemed any an ber necessaryi ini making proof oft this contract toj produce or account original, for morei 8. Notices. Any notices required or permitted in this Agreement, mail, return receipt requested, and postage prepaid, to the other herein for that party or at such different address for that properly given hereunder, or by personally party. Ther notice, ifmailed as] provided! delivering  consent oft the other party shall be void.  7. counterpart.  changes, shall bei madei in writing ands shall ber made either by mailing registered including or certified address  party att the address shown such party, notice of which has been notice to an officer or other  or refusal to addresses are as follows: TO THE CITY City Manager City of Gastonia Post Office] Box 1748 Gastonia, NC28053-1748  herein, shall be deemed given ont thec day ofreceipt  accept receipt, and if personally delivered on the date of  delivery. The  TOCUSTOMER City Manager City ofLowell 101 West First Street Lowell, NC 28098  9. ofanyt terms. Agree1429  Headings Not Part Hereof. All paragraph and subparagraph  in  Agreement where they appear arei for convenience only and shall not affect headings the construction this  EXHIBIT 10-4    10. Entire Agreement. This Agreement reflects and contains the entire and agreement between the parties relating to the specific subject matter herein, and only supersedes all negotiations, commitments, undertakings and agreement, 11. Amendment or Termination. This Agreement may be amended or only by ani instrument in writing executed by both parties hereto. 12. Iran) Divestment Act. As oft the date ofthis agreement, both  as such whether oral or terminated  otherwise.  that the certifying party is not listed on the Final Divestment List created parties hereto certify Treasurer pursuant tol N.C.G.S. 147-86.58. Both parties further certify that by the State IN WITNESS WHEREOF, the undersigned municipal corporations have caused Agreement to be executed in their behalf by their duly authorized representatives, this hereunto affixed their signatures and seals, the day and year first above written. having  utilize any subcontractor ont the list.  they will not  CITY OF GASTONIA  (Seal)  By:  John D. Bridgeman, Mayor  ATTEST: City Clerk  (Remainder oft page intentionally left blank)  Agree1429  EXHIBIT 10-5    CITY OF] LOWELL  (Seal)  By:  Mayor  Oidpfily  ATTEST:  G. RA VOTARL PUBLIO ON COUNT  pihan APPROVEDASTOFORME    Cue)  Thisi instrument has been preaudited in thei manner required by the Local Government Budget and] Fiscal Control Act, Article3, Chapter 159 ofthe General Statutes ofl North Carolina.  Finance Director KaibJlasy City ofLowell  STATE OFI NORTH CAROLINA COUNTY OF GASTON I,. certify that  a. Notary Public of the aforesaid County and State, do  personally appeared before me this day hereby and  acknowledged thats shei ist the City Clerk oft the City of Gastonia and that by authority given and ast the act oft the municipal corporation, the foregoing instrument was duly its name byi its Mayor, sealed with: its corporate seal and attested by her asi its City signed Clerk. in  WITNESS myl hand and Notarial Seal, this the day of  2016.  My Commission Expires:  Notary Public  Agree1429  EXHIBIT 10-6    STATEC OF NORTH CAROLINA COUNTY OF GASTON I_ du a. dwg  aNotary) Public ofthe aforesaid  do hereby certify that quen Pue  County and State,  met this day and acknowledged thats she'ist the City Clerk oft the personally City ofLowell appeared andt before was signed ini its name by its Mayor, sealed with its corporate seal and foregoing attested instrument WITNESS: my hand and Notarial Seal, this the 3uoka day of Mp ,2016.  authority duly given and as the act oft the municipal corporation, the  that by by her as  its City Clerk.  Ow %. dowg Notary Public  Çommission Expires: 12/10/19 My Commission Expires:  NOTARL PUBLIO COUNT  Agreel429  EXHIBIT 10-7    EXHIBITA  37781 East Franklin Boulevard, Lowell, NC 39241 East Franklin Boulevard, Lowell, NC 3932) East Franklin Boulevard, Lowell, NC 39401 East Franklin Boulevard, Lowell, NC 4024) Bast Franklin Boulevard, Lowell, NC  Agree1429  EXHIBIT 10-8    20070033  EXHIBIT B  STATE OFI NORTHCAROLINA COUNTY OFGASTON  UTILITY SERVICE AGREEMENT  THIS AGREEMENT, made and entered: into this the 5 day of Decanbec and between the City of Gastonia, a North Carolina Municipal Corporation, hereinafter 2006, by referred to as the "City" andt the City of] Lowell, al North Carolina Municipal Corporation,  hereinafter referred to ast the "Customer".  WITNESSETH  WEREAS, City and Customer have entered into an agreement dated June 1, 2004 a copy of which is attached hereto as Exhibit "B" and incorporated herein by pursuant to which Customer has agreed toj purchase water ands sewer utility services reference, from WHEREAS, such water and sewer services are provided through one designated metering point located at the point where City and Customer water and sewer systems WHEREAS, Customer is unable toj provide a connection toi its water and sewer certain commercial customers. Iocated within its city limits; and WHEREAS, City is able to proved a connection to its water and sewer  City; and  interconnect; and  system to these system fort of  commercial customers; and  WHEREAS, the parties have agreed that City shall provide such connection but that commercial customers in question shall be considered water and sewer customers the NOWTHEREPORE, for andi in consideration of the covenants and conditions hereinafter 1. Water and Sewer Service Connections for Customers Located within Customer's City Limits. Upon compliance with all terms and conditions of this agreement, including but not limited to, installation of all necessary utility lines, taps, and appurtenances, City shall provide water and sanitary sewer service to the addresses listed on Exhibit "A", which is attached hereto and incorporated reference herein (the "Addresses"). The parties acknowledge that water and sewer by lines are to be installed by the developer of the. Addresses and shall be installed in accordance with the City's standards and specifications for utility lines. Upon  Customer.  set: forth, thej parties agree as: follows:  installation, saidl lines shall become thej property of the City.  Agree1091  EXHIBIT 10-9    2. Application for Service. The Addresses shall be utility customers of Customer and shall make application to Customer to receive service. No utility services shall be provided by City until all applicable meter fees have been paid. All utility services provided shall be subject to all terms and conditions of that agreement dated June 1, 20041 between Customer and City, a copy of which is attached hereto as Exhibit B and incorporated herein by reference (the "2004 Agreement"). City will bill Customer on ai monthly basis for all services provided to such customers at the rates set forth in the 3. Term. This Agreement shall be effective from and after the date of execution and shall continue and remain in full force and effect so long as the 2004 Agreement, including any extensions or amendments thereto, shall remain in effect. 4. Inyalid Terms. Should any one or more of the provisions contained in this Agreement be held invalid, illegal, or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained in the Agreement shall not in any way be affected or impaired thereby, and this Agreement shall otherwise remain in full: force and effect. If any such provision is held to be invalid or unenforceable, then upon the request of either party, the parties shall attempt in 5. Governing Law and Jurisdiction. North Carolina law shall govem the interpretation and enforcement of this Agreement, and any other matters relating to this Agreement (all without regard to North Carolina conflicts of Iaw principles). All legal actions or other proceeding relating to this Agreement shall be brought in a state court sitting in Gaston County, North Carolina. By execution of this Agreement, the parties submit to the jurisdiction of said court and hereby irrevocably waive any and all objections that they may have with respect to venue in any state court sitting in 5. Binding Nature and Assignment This Agreement shall bind the parties and their successors and permitted assigns. Neither party may assign this Agreement without the prior written consent of the other party. Any assignment attempted without the 7. Counterparts. This Agreement may be executed in any number of counterparts, each of which when sO executed and delivered shall be deemed an original, and it shall not! bei necessary in making proof oft this contract toj produce or account for more 8. Notices. Any notices required or permitted in this Agreement, including address changes, shall be made in writing and shall be made either by mailing registered or certified mail, return receipt requested, and postage prepaid, to the other party at the address shown herein for that party or at such different address for that party, notice of which has been properly given hereunder, or by personally delivering such notice to an officer or other party. The notice, ifi mailed as provided herein, shall be deemed  2004 Agreement.  good faith to negotiate and agree upon a replacement provision.  Gaston County, North Carolina.  written consent of the other party shall be void.  than one such counterpart.  )  Agree1091  EXHIBIT 10-10    )  given on the day of receipt or refusal to accept receipt, andi if personally delivered on  the date of delivery. The addresses are asi follows:  TO THECITY City! Manager City of Gastonia Post Office Box 1748 Gastonia, NC 28053-1748 construction of any terms.  TO CUSTOMER City) Manager City of Lowell 101 West] First Street Lowell, NC28098  9. Headings Not Part Hereof. All paragraph and subparagraph headings in this Agreement where they appear are for convenience only and shall not affect the 10.) Entire Agreement. This Agreement reflects and contains the entire and only agreement between the parties relating to the specific subject matter herein, and as such supersedes all negotiations, commitments, undertakings and agreement, whether 11. Amendment or Termination. This Agreement may be amended or terminated only IN WITNESS WHEREOF, the undersigned municipal corporations have caused this Agreement to be executed: in their behalf byt their duly authorized representatives, having hereunto affixed their signaturès and seals, the day and year: first above written.  oral or otherwise.  bya ani instrument in writing executed by both parties hereto..  CITYOFGASTONIA  (Seal)  -  ATTEST: City Clefk  d  Rug  APPROVED ASTOFORM: Mphlnes  Attorney  Agree1091  EXHIBIT 10-11    CITY OFLOWELL  (Séal)  By: Palpshww  ATTEST: gyCler!  Gh B. Dgte APPROVED ASTOFORM:  Attomey  STATE OFI NORTH CAROLINA COUNTY OFGASTON  Behalea3lrae, a Notary Public of the aforesaid County and State, do hereby certify that Virginia L. Creighton personally appeared before me this day and acknowledged thats shei ist the City Clerk oft the City of Gastonia and that by authority given and as the act oft the municipal corporation, the foregoingi instrument was its namel byi its Mayor, sealed with its corporate seal and attested by her as its City signedi Clerk. WITNESS: myl hand and Notarial Seal, this the Paayat. December  duly in 2006. SRC CAC - OTARY PUBLIO e prcsy Gounty"and  bdlablier  Notary Public  My Commission Expires: LIAzeL  STATE  OFI NORTH CAROLINA  COUNTY OF GASTON  1Xg.ln Capol a Notary State, de hereby certify that' dyb. Cpoatl  of the aforesaid  Public  personally  before me this day and acknowledged'that shei is the City Clerk of the City ofLowell appeared and  Agree1091  EXHIBIT 10-12    that by authority duly given and as the act of the municipal corporation, the instrument was signed ini its name byi its Mayor, sealed with its corporate seal and foregoing attested WITNESS: my hand and Notarial Seal, this the 2ghayd of AoumA, 2006  byl her asi its City Clerk.  TE  Public (otary  Bugllopty  My Commission Expires: n3/24/20ll  Agree1091  EXHIBIT 10-13    CERTIFICATES  )  1. This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act, Article 3, Chapter 159 of the General Statutes ofNorth  Carolina.  This The a4Hk day of gaauy 2001.  CplW.FMl) Finaricial Services Director City of Gastonia  2. Reviewed as toi form this aa dayo  %  EXHIBIT 10-14    )  EXHBIT A  39241 Bast Franklin Boulevard, Lowell, NC 39321 East Franklin! Boulevard, Lowell, NC 39401 East Franklin Boulevard, Lowell, NC 40241 East Franklin Boulevard, Lowell, NC  )  )  Agree1091  EXHIBIT  10-15    EXHIBIT B  STATE OFI NORTH CAROLINA COUNTY OF GASTON  INTERLOCAL WATER. AND SEWER SERVICE UTILITY AGREEMENT  THIS AGREEMENT, made and entered into this Ist day of June 2004, by and bstween the City of Gastonia, a North Carolina Municipal Corporation, hereinafter referred to as' "City", andi the City of Lowell, North Carolina WHEREAS, uits ofl local government: inl Nortb Carolina are authorized by G.S. S 160A-461 to enter into interlocal. WHEREAS, the City of Lowell wishes to procure a source oft treated drinking water suitable for re-sale to its WHEREAS, the City ofLowell has requested and the City of Gastonial has agreed to provide wastewater treatment services. to allow Customert tor meet aparto ofi its residents current wastewater treatment needs; and WHEREAS, the City of Lowell, has made capital improvements to the water distribution and/or sànitary sewer WHEREAS, the City ofGastonia hast treated drinking water available for sale tot the City ofLowell and the capacity Thati inc consideration of, and subjectt to, thet terms and conditions! hereinafter set forth, the parties covenant and agree 1.. Purpose- The purpose of this Agreement is to set forth the terms and conditions by which Customer shall purchase, and City shalls sell, treated drinking water for re-sale by Customer toi its constituent citizens, residents NoJ Joint. Agency Established. No joint agency under G.S. 160A-464(3); is to be established as a result ofthe execution oft this Interlocal. Agreement, and each municipality shall manage its own personnel, respectively, as Previous Agreements. The contract for Water and sewer service between the parties hereto dated August 5, 1986, anda any amendments thereto, ish herebyt terminated; provided, however, that this paragraph shall: nota apply toa any terms orI requirements ofsaid contracts that havel been: fully performed as ofthe date ofthis agreement. 4. Existing Users. Any existing water and sewer users of City located within the territorial jurisdiction of Customer shall remain users of City and such users shall continue to be billed by City. for utility services 5. Purchase and Sale. Customer agreest tol buy from City and City agrees tos sell and deliver to Customer Water on thet terms and conditions hereinafter set forth. The water beings sold by City shall atz allt times méet. the standards fors safe. drinking water as promulgated at4 40 CFR, sections 140 fhrough 143, pursuant tot the terms oft the Safe Drinking Water Act at 421 USCA, all as amended fromi time tot time, which standards have been adopted by the State of North Carolina Department of Environment and Natural Resources, under. which standards City Customer agrees to buy from City and City agrees tos sell wastewater treatment services to Customer on the terms and conditions hereinafter set forth. The wastewater treatment service being sold shàll at all times meet  Municipal Corporation,: hereinafter referredi toa as" "Customer"; contracts or agreements inc order toe execute any undertaking; and  citizens and other customers; and  systemi in excess ofFive Hundred' Thousand Dollars ($500,000.00); and  tot treat its wastewater flow; now, therefore;  WITNESSETE  asf follows:  andi industries, asv well: as, how City will receive andt treat Customer's wastewater: flow.  necessary for the execution ofthis undertaking.  received: from City.  produces drinking water ati its water treatment plant.  EXHIBIT 10-16    the standards for treatment of wastewater as promulgated pursuant to the terms oft the Clean Water. Act at33 USCA Sections 1251 through 1387, all as amended from time tot time, which standards have been adopted by the State ofl North Carolina Department of Environment and Natural Resources, under which standards City treats wastewater ati its wastewater treatment plants. City shail only provide wastewater treatment services for those specific Customer's users associated with the abandonment: its Church Street Pump Station and as further identified ast thej properties located at: 905, 909,911,913,915, and 1003 S. Church Street. Term. This Agreement shall be effective from and after July 1, 2004, and shall continue and remain in full force and effect until andi including June 30, 2029 (25 years). Either party hereto may, at any time prior to the beginning of the twenty-third year of this Agreement, give notice to the other of its desire to renew this Agreement andi upont the giving ofs such notice, the parties hereto shall negotiate in goodi faith with: referencet to 7. Construction of Water and Sewer Line Appurtenances. Cost, Ownership. and Maintenance. The existing metering point(s) shall remain the property of City, and shall continue tob bei thereafter operated and maintained by the City. The existing sanitary sewer lines associated with the abandonment oft the Church Street Pump Stations shall remain and! bet the property of Customer and shalll ber maintained by Customer. Minimum Usage) Limit. City shall bill Customer for a minimum monthly Water amount of4.5r million gallons per calendar month whether or not such amount is utilized by customer each monfh during the life of this agreement. For the purposes oft this. Agreement, a month shall be defined as any consecutive thirty (30) day period, regardless ofbilling cycles or calendar months referredt to otherwise herein. Maximum Usage. Limits. The average monthly water consumption of Customer during the term of this Agreement shalli note exceed 321 million gallons duringa any fiscal year (July 1-June 30) with'adaily maximum limit of 1.1 million gallons. The average monthly consumption by Customer shall be computed by dividing the total consumption by Customer for the applicable fiscal year by twelve (12). For the purposes of this Agreement, ai month shall be defined as any consecutive thirty (30) day period, regardless- oft billing cycles or Int the event Customer's: maximum daily or monthly consumption éxceeds thè limits set forth above, Citys shall have the right, ini its discretion, either to curtail Customer's future consumption or toi increase the rate charged Customer for the amount of Water consumed which exceeds the maximum limits set forth above; provided, however, the additional atnount so charged shall not exceed a: factor of 1.9 times the rate charged customers inside the city limits of City of Gastonia. Notwithstanding the provisions oft this paragraph, the maximum usage limits may bet temporarily exceeded without the imposition ofan increase in the rate charges for such excess usage by mutual agreement of the parties. Any such agreement shall be in writing signed by both parties and shalls set forth the temporary usage which shall be allowed pursuant thereto and the period during 10. Price of Water and Sewer Service. Provided that the Customer makes an initial capital investment in an amount of not less than Five Hundred Thousand Dollars ($500,000.00) in accordance with the Policy Statement oft the City of Gastonia Regarding Water and Sewer Ulility Services (attached hereto as) ExhibitA A) for expansion oft the Water distribution: system required fori implementation ofthis agreement, City willl bill: and -Customer willy pay to City, on ar monthly basis for allr metered water furnished by Cityt to Customer, an amount equal to the prevailinig rate as set for users inside the City, and as fhereafter: revised from time to time byt the City, times the Multiplier Schedule as set forth in Exhibit B. City and Customer agree that initial capital For specific wastewater treatment services associated with fhe abandonment of the Church Street Pump' Station, Customer shall ber responsible for reading water meters of users in its territorial jurisdiction, whether said users are receiving water utility services from Customer or directly from City, and who will be servedb by this Agreement, and shall supply said readings to City on a monthly basis. City shallt then bill Customer for wastewater treatment for said users, based upon the water meter readings, in accordance with Exhibit B, Multiplier Schedule. City reserves the right to read said meters, at its discretion, for any reason deemed necessary. Itis understood between the parties hereto that the water users served under the terms oft this  arenewal ofthis Agreement.  calendar monthsi referred to otherwisel herein.  whichs suchi increase shalll be allowed."  investment called for herein abovel has been met,  2  EXHIBIT 10-17    Agreement, éxcept any usersi identified! hereinabove atp paragraphr numbered 4, shalll bet water users of Customer 11. Delivery of Water. City will deliver all water covered by this. Agreement to Customer through City's water lines. AUI lines will comect the same with a meter suitable in capacity and design to measure all water as delivered. Delivery of water shall be deemed: tol have been made at point of connection of said meter and Customer's own water line, Customer shali ber responsible for maintenance of, and any extensions of, its water 12. Inspection. City will inspect and test ail meters from time to time. Should any meter be found to be inaccurate, the amoumto ofv water delivered duringt the period ofmeter failures shall bec determined by determining' the average oft the previous twelve (12) monthly billing periods, and using such portion of that average as corresponds tot thel length oft time duringy which meter: failure occurred. Upon written request of Customer, City willi inspect suchI meters at any reasonable time. Ifs such meters are found tor register correctly, the cost ofsuch 14. Preemption. of Customer's Water Supply. Customer shall bes subjectt to City's water conservation policies in effect att thet time ofe execution ofthis Agreement and as they may be amendedi from time tot time. Accordingly, Customer's water supply may bep preemptedi int thes same: manner andi fashion as all other water users of City. 15. Force Majeure. Int the event either City or Customer is unable, wholly ori inj part, by reason offorce majeure to carry outi its obligations, othert thant tor make payments for water received, itisa agreedt that on giving notice of such force majeure as soon as possible after the occurrence ofthe cause relied on, then the obligations of City or Cnstomer, sof far as they are affected by such force majeure, shall bes suspended during the continuance of any inability so caused, but for nol longer period, ands such cause shall as far as possible, bes rémedied with all The term "force majeure" as employed above, shall mean acts of God, strikes, lockouts or other industrial disturbances, acts oft the public enemy, war blockades, insurrections, riots, terrorist acts, landslides, droughts, storms, floods, washouts, arrests and restraints of governments and people, civil disturbances, explosions, unavoidable breakage or accident tor machinery, equipment, or lines ofpipe, freezing oflines ofpipe inability to obtain rights-of-way or permits or materiais, equipment or supplies, and any other causes, whether oft the kind! herein enumerated or ofherwise: not withint the control ofCity or Customer, and which byt the exercise of 16. Default. The parties agree that Customer and City shall have the right to terminate or suspend payment or delivery of water undert this Agreement, after thirty (30) days' written notice for any default in payments for 17. Option. At anyt time duringt thet term offhis Agreement or any renewals thereof, Customer may, upon mutual agreement ofthe Customer and City, transfert to the City its Water system, and the City shallt thereafter operate and maintain said system as its own upon such terms and conditions as are negotiated at that time. Iti is understood that the terms and conditions of said transfer and the rates charged Customer and its citizens for water after saidi transfer shall bes substantially the same as other cities whose systems have been transferred to the City; itis further understood and agreed that thet terms and conditions ofs said transfer shall bet based upon. the conditions, assets and liabilities oft the Customer'ss system and the rates necessary tol bring the utility into a 18. Paritv. Iti is understood by and between the parties that iti ist their intent that this Agreement be substantially thes same as any other agreement: made between City of Gastonia and another municipality, andi tot that end itis agreed that this Agreement may be Iater amended by the parties to make the terms and conditions hereof substantially thes same as any other such agreement for the sale and purchase ofy water. Provided, however, itis further understood. and agreed that City has thet right, ini its discretion, to varyt thet terms and conditions ofa any  and thats said water users willp pay water bills directlyt to Customer.  system.  inspection shalll bec charged to Customer.  13. Invoicing, Billsf for water supplied! hereunders shalll ber rendered and paidr monthly.  reasonable dispatch.  ther reasonable diligence either City or Customer ist unable to prevent or overcome. Water. delivered, orf for any breach ofthec conditions seto outl herein.  conditions satisfactoryt tot the City.  3  EXHIBIT 10-18    such agreement between City and another municipality due to other factors and circumstances mique to that 19. Waivers. Neither the failure nor delay on the part of either party hereto to exercise any right, power or privilege hereunder, shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other: right, power or privilege, andi no custom or practice at variance with the terms oft the Agreement shall constitute a waiver oft the right ofe either partyt to demand exact compliance with .20. Invalid Terms. Should any one orr more ofthep provisions contained int this Agreement be held invalid, illegal, oru unenforceable: in any respect, the validity, legality and enforceability. oft the remaining provisions contained int the Agreement- shall: not in any way be affected ori impaired thereby, and this Agreement shall otherwise remain in full force and effect. Ifa any such provision is held to be invalid or unenforceable, then upon the request of either party, the parties shall attempt in good faith to negotiate and agree upon a replacement 21. Governing LAw and. Jurisdiction. North Carolina law shall govern thei interpretation and enforcement ofthis Agreement, and any other matters: relating tot this Agreement (all without regard to North Carolina conflicts of law principles). All legal actions or other proceeding relating to this Agreement shall be brought in a state court sitting in Gaston County, North Carolina. By execution of this. Agreement, the parties submit to the jurisdiction ofs said court and herebyi irrevocably waive any anda all objections thati they may! have wifh: respect 22. Binding Nature and Assionment This Agreement shall bindt the parties and their successors and permitted assigns. Neither party: may assign this Agreement without the prior written consent oft the other party. Any 23. Counterparts. This Agreement may be executed in any. mumber of counterparts, each of which when so executed and delivered shall be deemed an original,. and it shall not be necessary in making proof of this 24. Notices. Any notices required or permitted ini this Agreement, including address changes, shall be made in writing and shall be made either by mailing registered or certified: mail, retum receipt requested, and postage prepaid, to the other party att the address shown) herein for that party or at such different address for that party, notice of which has been properly given hereunder, or by personally delivering such notice to an officer or other party. The notice, ifmailed as provided herein, shall be deemed given ont the day ofreceipt or refusal to acceptreceipt andi ifpersonally delivered ont the date ofd delivery. The addresses arez asf follows:  municipality.  suchi terms.  provision.  toy ventei ina anyo courts sittingi in Gaston Coumty, North Carolina.  assignment attempted withoutt the written consent oft the other party shall be void. contractt to produce ora account: for moret than ones such counterpart.  TOTHE CITY City Manager City ofGastonia Post Office Box 1748 Gastonia, NC28053-1748  TO CUSTOMER City Manager City ofLowell 101 West First Street Lowell, NC28098  25. Headings Not-Part) Hereof. All paragraph and subparagraph headings in this Agreement where they appear 26. Entire Agreement. This Agreement reflects and contains the entire and only agreement between the parties relating to the subject matter herein, and as such supersedes all degotiations, commitments, undertakings and 27. Amendment or Termination. This Agreement may be amended or terminated only by an instrument in  arei foro convénience only ands shall nota affect the construction ofanyt terms.  agreement, whether oral or otherwise. writing executedl byb both parties hereto.  4  EXHIBIT  10-19    IN_WITNESS WHEREOF, the undersigned municipal cotporations have caused this Agreement to be executed on  theirbehalfbyi individuals duly authorized, alla as ofthe day and yearf first above written.  CITYORGASTONIA By: Jemnffer  Pmdh Haf  Clerk  Eflapin  CITYOFLOWELL Buly Sr) JVdyB Horr,, Mayor  BST: dis jty Clers) STATE OFI NORTH CAROLINA COUNTY OF GASTON TALClAE byl her asi its (Deputy) City Clerk.  APPROVED AS TO FORM: M  Bltt  B.MArcus Buckangs aNotary Public oft the aforesaid County and State, dol hereby certify fhat (Deputy), Lity Clerk of the City ofe Castoma and't REE by authority duly given and as the act of the mumicipal corporation, thei foregoing instrument was signedi ini its namel by its! Mayor, sealed with its corporate seal and attested  perymaes  before me this day and acknowiedged that she is the  WITNESS: my! handa andl Notarial Seal, thist the 22 day of_ June  2004.  Buanuk hubna  Notary! Public  *My Commission Expires:, unA2oov STATEC OFNORTHO CAROLINA COUNTY OF GASTON City Clerk oft the City oft A9 itsC City Clerk.  DRG BRMLy Public oft the aforesaid County and State, do hereby certify fhat" AAALL. LrEnlaly appeared before me this day and acknowledged that he/she is the foregoing instrument was EZS its Mayor, sealed with its corporate seal and attested by him/her as  authority duly given and ast the act oft the: municipal corporation, the  WITNESS: my hand and) Notarial Seai, thist bet Ouka  AhhbCmr  My Commission Bxpires:  122-206-  5  EXHIBIT 10-20    EXHIBIT. A  POLICYS STATEMENT OF THE CITY OF GASTONIA REGARDING WATER. AND! SEWERI UTILITY: SERVICES  Customers maintaining a connection tot the utility systems oft the City of Gastonia which desiret to continue tor maintain that comection or new customers requesting utility service from the City of Gastonia, but who dor not desiret to enter into al long-term (minimum of2 20 years) contract for utility service, shall pay such rates as arei fixed byt the City of Gastonia from time tot time ini fhe City of Gastonia. Water and Sewer Rate Schedule. However,t the City ofGastonia neither accepts any obligation nor makes any commitment tot that customer tof fumish water and/or sewer services at any timei int the future. The City of Gastoniai reserves the rightt to limit orr restrict utility service leveis toi its customers upon such notice as deemed reasonable byt the Those mumicipal, residential, commercial and industrial customers, outside the Gastonia corporate limits, which maintain a water and/or sewer connection with the City of Gastonia or new customers requesting utility service from the City of Gastonia, and who enter into a long-term (minimum of 20 years) contract for utility service, with noi initial capital investment- contribution to the utility system, will: receive utility services ata arate of1.3 times thei inside rate for water and/or sewer service, as setf from time tot time int the Those municipal, residential, commercial and industrial customers, outside the Gastonia corporate limits, which maintain a Water and/or sewer connection with the City of Gastonia or new customers requesting utility service from the City of Gastonia, and who enter into a long-term (minimum of 20 years) contract for utility service, with a minimum initial capital investment contribution to the utflity system ofr not Jess than $500,000f for aj project costing $10 million orl less, will: receive utility service atar rate of1.0t times the inside rate for water and/ors sewer service, as setf fromi time tot time int the City of Gastonia Water and Sewer- Rate Schedule. For a project costing in excess of $10 million, the minimm initial capital investment contribution to- the utility system to receive utility service at a rate of1 1.01 times the inside rate for Water Those mumicipal, residential, commercial and industrial customers outside the Gastonia corporate limits which maintain a water and/or sewer connection with the City of Gastonia, or new customers requesting utility service from the City of Gastonia, and who enter into a long-term (minimum of2 20 years) contract fort utilitys service, with ani initial, capitali inyestment contribution ofl less than $500,000 tot the utility system, will receive utility service' at a declining proi ratas rate below the 1.3 times the inside rate: for water and/or sewers service, ass setf fromi time tot time int the City of Gastonia Water and Sewer Rate Schedule. Upon request, those municipalities which'maintain or request utility services for both water and sewer connections with the City of Gastonia and enter into al long-term contract for utility service as describedi in the preceding paragraph, may bes given consideration for a "discounted volume allowance" for water usage for aj portion oft the water loss as calculated by the difference in Water volumes measured by the master. meter and the certified volumes of" "water billed" by the mmicipality. This allowance shall exist fora period not to exceed five (5) years or until the municipality has achieved a water loss percentage of ten percent (10%) orl less for as six (6) consecutive month period, whichever is earlier. Thereafter; all water The discounted volume allowance" shall bel based on percentage ofthei inside" "water volume charge per 1000 gallons" as shown ont the most current City of Gastonia Water and Sewer Rate Schedule as adopted bythe Gastonia City Council. The' discounted volume allowance" shalll bes set at 75% oft the City'si inside  Cityo ofGastonia.  City ofGastonia Water and Sewer Rate Schedule.  and/or sewer service will ber negotiated on ani individuall basis.  volume charges willl be atl 1.Qt timest thet then current Gastonia inside customer rate. customer volume charge per 1000 gallons ofwaterl loss (25% discount).  /  EXHIBIT  10-21    The municipality shall establish a baseline "water loss percentage" based on the past three (3) years' records oft the difference between "water volume produced" and" "water volume billed". This percentage willl bet used ast the benchmark to quantify progress made in reducing water loss int the municipalities" water In order to maintain the allowance for Water loss, the municipality shall implement a Water loss study resulting in the preparation of an engineering report. delineating recommendations for mitigation of wafer loss in its system, said report including, but not being limited to, a listing of all "free book" Water customers and the quantities of water used by each, annual large meter C 2-inch) calibration and testing, Those municipalities for which a "discounted volume allowance" for water loss has been implemented shall be required to submit monfhly flow reports to the City of Gastonia on all oft their water customers A minimum and maximum monthly volume of water and/or sewer flow for billing purposes will be An mumicipality which maintains as sanitary's sewer, connection with the City of Gastonia, or a new. customer requesting sanitary sewer. service from the City of Gastonia, shall become a Significant Industrial User (SIU) under the City of Gastonia Industrial Pretreatment Program, and shall bes subject to all requirements oft the NC Division of Water Quality (NCDWQ). The municipality will administer its own Industrial Those municipalities which maintaina a water and/ors sewer comnection" withi the City of Gastonia, willi install att their costs, a master water: meter and appurtenant structures and/or an approved effluent fiow: measuring device and appurtenant structures at the master metering point. The Water meter and/or flow measuring device and appurtenant structures will become part oft the Gastonia water and/or sewer system and will be This) Policy Recommended for adoption by the Gastonia City Council Utilities Committee onl May7, 1996.  system untila a water loss percentage of 10% orl lessi isa achieved.  andi residential metero change out program documentation.  servedb byt the City ofGastoniai inc order tor monitor water loss int their system.  established: int thè contracti fort utility service.  Pretreatment: Program to alli itsi industrial customers.  maintained by the City of Gastonia.  This Policyapproved: and adopted by the Gastonia City Council onl May7 7,1 1996.  Agree_Lowell  7  EXHIBIT 10-22    EXHIBITE B Multiplier Schedule time.  Multiplier tol be applied to City'sinside Water and/or sewer: rate asi iti may be set: from time to  Date Tharu June 30, 2004 July1, 2004 tol December 31,2 2004 January 1, 2005 to Jume 30,2005 July1 1, 2005 tol December 31,2005 January 1, 20061 to June 30,2006 July1,20061 thru contract expiration-  Multiplier 1.30: 1.24 1.18 1.12 1.06 1.00  EXHIBIT 10-23    MEMORANDUM  TO: FROM: DATE: RE:  MAYOR AND CITY COUNCIL L. ASHLEY SMITH, CITY ATTORNEY  JUNE 14, 2016  RESOLUTION OF INTENT TO CLOSE AND SET PUBLIC HEARING DATE ON CLOSING AI PORTION OF PAMELA STREET  The City is in receipt of a petition from Rusy Bost, PE Director of Engineering & City Engineer for City of Gastonia, North Carolina on the closing of a Portion of Pamela Street. Mr. Bost states that the street right of way is no longer needed; however, a general utility and drainage easement will be reserved for the entire length and width of the street to be closed. The Resolution before the Council for consideration sets a public hearing date of July 19, 2016, at which time information will be sought from the public prior to the Council being asked to make a decision on closing a Portion of Pamela Street as described in Exhibit A and Exhibit B which form a part of the  Resolution attached hereto.  Arforney  7hp  dk  Att.  EXHIBIT 11-1    RESOLUTION SETTING PUBLIC HEARING DATE CLOSING AI PORTION OF PAMELA STREET  THAT WHEREAS, Rusty Bost, PE, Director of Engineering & City Engineer for City of Gastonia, has requested that the City Council of the City of Gastonia, North Carolina, withdraw from dedication al Portion of Pamela Street, pursuant to Section 160A-299 of the General Statutes of North Carolina, as described in WHEREAS, it appears that a public hearing is necessary in order to properly NOW, THEREFORE, BE IT RESOLVED that a public hearing regarding the closing of a Portion of Pamela Street be held before the City Council of the City of Gastonia at 6:00 p.m. on July 19, 2016, in the Harley Gaston Public Forum Room in the Gaston County Courthouse, or City Council Chambers in City Hall, Gastonia, North Carolina, and that prior to said hearing the notice provisions of  Exhibits A and B, which are attached hereto; and consider the closing of al Portion of Pamela Street; and  North Carolina General Statute 160A-299 be met.  This the 21st day of. June, 2016.  John D. Bridgeman, Mayor  ATTEST:  (Deputy) City Clerk  RES1788  EXHIBIT 11-2    EXHIBIT "A"  Beginning at an existing rebar on the south bank of Duhart Creek, said rebar marking the terminus of the east side of the existing right of way of Pamela Street ( a 60' public street ) and proceeding thence from said beginning point with the east side of Pamela Street S 09-50-41 W, 113.25' to an iron set, thence continuing with said right of way along the arc of a circular curve to the right, (having a radius of 530.00, a chord bearing and distance of S 13-51-45 W, 82.58' ) a distance of 82.66' to an iron set, thence a new line through and across the present right of way of Pamela Street along the arc of a circular curve to the left (H having a radius of 50.00' a chord bearing and distance of N 68-37- 20 W, 60.96' ) a distance of 65.56' to an iron set, thence continuing with the west side of the present Pamela Street right of way along the arc of a circular curve to the left ( having a radius of 470.00', a chord bearing and distance of N1 14-08-21 W , 70.39' ) a distance of 70.46' to an existing iron , thence continuing with said right of way N 09-50-41 W, 122.49' to an existing iron on the south bank of Duhart Creek marking the terminus of the present west side of the right of way of Pamela Street, and continuing thence along the south bank of Duhart Creek S 71-25-38 E , 60.94' to the point of beginning and The forgoing description was taken from the map or plat drawn by the Office of  encompassing an area of 0.26 acre.  the City Engineer for the City of Gastonia, File #8 804-8.  RES1788  EXHIBIT11-3    EXHIBIT B  LINEBERGERRD.  EXHIBIT 11-4    PUBLIC: HEARING STAFF REPORT File No. 8517 GPC Hearing Date: May 5,2016 City Council Hearing Date: June21,2016  OWNER: APPLICANT:  Choice USA Beverage, Inc.  Same Industrial)  PROPOSED ZONING ACTION:  Rezone from UMU (Urban Mixed Use) to I-U (Urban  LOCATION: TRACT SIZE: WARD: EVALUATION:  810 and 814 E. Second Avenue Approximately 1.10 acres  5  Site Description & Background  The subject property consists ofat two tax parcels totaling approximately 1.10 acres thati is currently zoned' UMU (Urban Mixed Use District) and this request is toi rezone thes site tol I-U (Urban Industrial District). The property is located ini the block between S. Chestnut Street and S. Church Street where the existing Choice USA Beverage facility is located. Currently there is a cooling tower thati is located on the 810E. Second. Avenue property. The: zoning change to the I-U district would allow Choice USA Beverage to address this non-conformity and also expand their facility on the subject property int the future. There are existing buildings on the subject Thes subject property is bordered by I-U (Urban Industrial District) zoning to the north (existing Choice USAI Beverage facility). UMU(Urban Mixed Use District). zoning is located adjacent to the property ont the east and west. C-3 (General Commercial District) is located across E. Second. Avenue. There are ar mixture of existing houses currently being rented for office and Land use and zoning in this areal has been very steady over thej past decade. Public water and Thel Future Land Usel Map in the 2025 Comprehensive Plans indicates the subject property as Thes subject property's current zoning allows for several types of commercial uses. The rezoning tot the I-U district would bring the non-conformity use located on the subject property into compliance. Given the presence of the I-U: zoning adjacent to the subject property, the number ofbusinesses along E. Second Avenue and the 20251 Plan's designation of commercial for the  property that are currently being leased. Description of Adjoining Properties and Zoning  residential uses within this block and along E. Second Avenue. Recent Land Use Trends in the Area and Available Public Facilities  sewer currently serve the subject property. Consistency with the Comprehensive Plan suitable for commercial uses.  Conclusion  subject area, staff recommends approval of the request as presented.  Janal McMakin, AICP Planner II  Onl May 5,2 2016, the Gastonia Planning Commission unanimously voted 8-0 on a motion to approve ther rezoning request. This item has been appealed to City Council.  EXHIBIT 12-1    Statement of consistency and reasonableness:  The proposed rezoning is consistent with the commercial land use designated in the 2025 Comprehensive Plan andi isi inl harmony with the current zoning surrounding the subject property. Therefore, the City Council considers an affirmative vote tol be reasonable andi int the public  interest.  EXHIBIT 12-2    KATEAVE  Applicant: Choice USA Beverage Inc Owner: Choice USA Beverage Inc Planning Comm Hearing: May 5, 2016 Request: UMUt to I-U Ward:5 Tract Size: 1.10 acres Tax ID: #105628-9  EFRANKLINBLVD UMU  I-UCUP 7531  2  3  Subject Property  I-U  Legend Airport LightCommercial Highway Commercial Roads General Commercial Parcels CBD CentralBusiness District Buildings Urban Industrial Lightindustrial 0-1 Office OLC OfficelLight o-M MedicalOffice PDI IRD PlannedDistrictin Res Devt - PDPRD DistrictF PlannedR Res Devt  PDPUD - PD TND PlannedDist TraditionalN Neighborhood Devt RLD Low Density RS-12 Residential1 12000sqftk lots RS-8 Residential 8000sgft perlot R-A RuralAgricultural RMF SP StateF Park District. TMU TransitionalN MixedUse UMU Urban District Note: Fora complete elaboration ofzoning classifications, see the Unified Development Ordinance or contact the Planning Department at (704) 854-6652. 1:2,400 1inchr represents 2001 feet Plot Date: Apr 4, 2016  6  Streams Floodway 100) Flood Zone 500Y Rivers  ESECONDA AVE  12 11 8 9 10  0-1  Owners: 1 Tammy Cohoon 2 Judith Falls 3 Choice USA Beverage Inc Hazel Johnson 5 James & Rita Yelton Hazel Johnson Colby Jayden Jackson Trust. 3 Jackson Family Ventures LLC Marjorie & John Harper Jr 10Yelton Investments LLC 11B& S Rentals II 12 Gtown Redev'tLLC Application 1, #8517  Unit Devt  G-3  RS-12/  0-1  RS-8  District  EDWARDSLN  hereby certify that all mail notices, in the absence of  fraud, were mailed to all affected and adjoining property owners on  2016. GASTONIA PLANNING DEPARTMENT    File# 5567 DateR Recd, 56 Recd,By CtESAL E  GASTONIA GrealPlace. GmatPopke. GreatPromise. Planning Department REZONING APPEAL  REESD  Any persan(s) may appeal the rezoning decision of the Gastonia Planning Commission to the Gastonia City Council. Such appealr must bef filed with the City Manager, in writing, within fifteen (15) days oft the Planning Commission decision. Any person(s) appealing such decision shall be notifiedb by first class mailo oft ther meeting atv which the Gastonia City Counc) willl hear the: appealed  item. We (1), the undersigned, wish to appeal the Gastonia Planningggmmission, inr regardtor locateda at Name Please Print LARRY M. JoAso TAM P6A FER HHZEL 5. JoANSoN #/0 S. EUAASETK ST AINrAAL 2865  decision of the Thes subject propertyis 5374MAcEsaC CHARLETEE 28216 74842-7BL  810 AMD 814  SELPND AE Address  AfIES  ptn othis address.  sigsature  sepht  www.dlyofgaston. com* *P.O. Box 1748 Gastonla, NC 28053 *Phone (704)8 854-6652* *Fax (704)869-1960*  EXHIBIT 12-4    hdcya  CITY OF GASTONIA APPLICATION FORI PUBLIC HEARING Detach pages 1-101 from this packeta and retain for your records.  The undersigned doh hereby make application tot the City of Gastonia fort the hereinafter described 1. Identifyt ther request(example: rezone from RS-12to OLCCD or CUP ford outdoor storage; etc.) Please Note: Before applying fora a rezoning, applicants are advised to determine if their property is subjectt top private deed restrictions tot be sure thei intended use ofthe property is allowed. The City of Gastonia neither keeps records of, enforces, nor Gaston County" TaxI Identification! Number: 105629 a 165629 Subjectp propertya address:. 810+ 814 B2nd Avenue Ino order for ours stafft top place ther rezoning signs ont they property, please describe whati is on thes subjectp property ando or adjacent properties (example: av whitef frame house isl located on the property; thep propertyi is vacant with BusinessXK located ont theE East side). Staff wille erect 4. Complete legal description byr metes and bounds of said realty is attached toi thea application (a 5. Ino ordert tob bef familiar witht thes subject property the City staff may need tov walk thep property. 6, Ther realp propertyt tol ber rezoned is owned int fees simple by. Chalce USA Bevease Tc.  request andi in support oft thisr request,t thef following facts ares shown: 7 parcels from umu to TU.  overrules private deed restrictions.  the's signs approximately 150 days priort to ther meeting.  2 olc thauer copy oft the deed is sufficient).  Dov we! havet thep property owner's permission tod dos so? GK ase evidencedi ind deedi from. TOFT, LLC 4669 2nd Avee havinga at frontageo of 14T anda acreage of_ 1.I  recorded Inl Deed Book intheG Gaston County Registry.  at page. 1655  7. Ther real property for whicht thea above requesti iss soughti is located ont the Nork  between. Chastt 55 and hs sideof 1S6  feet and depth of_ 251  feet  8. Ares sewer andy water available ont thep property? yes ways shallr notb bei indudedi int ther measurement.) not Apphcable  9. Thet taxs sheets fora allp persons orf firmst that ownt thes subjectl land andi land adjacent to orv within 100f feeto ofa alls sides, induding property acrosst thes street, from thep property for whicht the request iss sought are attached. (Note: Whent measuringt the 100-foot distance, street rights-of- 10.Ift thea applicant does noto own thep property sought to ber rezoned, ther names and addresses of thek legal owners arel listed! below. The owner's names andt their addresses arer recorded int the Gaston County Tax Office. (Usea additional sheets ofp paperi ifr necessary.) 11.N Name anda addressofa applicant: hABgeTk dts Asoh Telephone: #: 704-518-5005 E-mail address: SWCS SOHNO gmail-con  Fax#: 204- 067-9067  wwaclyogastonka.om: *RO. Box 1748, Gastonia, NC28053 Phone( (704)854-66524 *Fx(704)6 869-1960*  11  EXHIBIT 12-5    12.1 Interesti ins subjectr realty. Fee Simple prohibit thep property from being useda asr requested. x True  13.7 There arer nor restrictions or covenants ofr record appearing int thec chain oft titie which would 14.Hast thisp property previously beens subject toa any of thef following? conditional usep permit  False  planned unit development Ifyes, please explain. Sohn Deste  subdivision ordinance unified development  15. Name and address of persont top present item at public! hearing.  Telephoner number (704). 713-5005  certify that Ihave readt the  information provided int thep publich hearingi information package on the_  dayo of  20_  SIGNATURES: Allp property owners must sign when either a Conditionall Usel Permit or  CDisr requested.  wwadhyogastona.om" *PO. Box 1748, Gastonia, NC28053 *Phone (704)6 854-6552 *Fax (704)6 869-1960*  12  EXHBIT 12-6    MEMORANDUM  Date: To: From: Subject:  June 13,2016 City Council Members Jason Thompson, AICP Planning Director  Adjustments tot the Gastonia 2025 Comprehensive Plan amending the Development Strategies Map on S. Myrtle School Road between W. Seventh Avenue and White Lane andi revising the Future Land Use Map for the area on S. Myrtle School Road between W. Seventh Avenue. and White Lane, on the northwest corner oft the intersection of Titman Road and Lowell-Bethesda Road, the corner ofNew Hope Road and Duhart Avenue, the southwest corner oft the intersection ofE. Franklin Boulevard and S. West Club Circle, the southwest corner oft the intersection of New Hope Road and Garrison Boulevard, the southern corner ofMyrtle School Road and Whitener Street, the southwest corner ofUnion) Road and E. Hudson Boulevard, the eastern side of S. Broad Street just north oft thel E. Fourth. Avenue intersection, the northern corner ofs. York Road and] Hillcrest. Avenue, and on the southern side of W. Garrison Boulevard between  Gibbons Street and S. South Street.  I.  Adjustment to Development Strategies Map S. Myrtle School Road between W. This adjustment reflects the Planning Commission's desire tol look at the broader area to reflecta Community Business Center att this intersection. This change isi in recognition oft the existing commercial development at this location as well as the commission's desire that any: future non- residential growth in this vicinity be directed to the area surrounding this intersection.  Seventh Avenue and White Lane  II. Amendments to) Futurel Land Usel Map 101 Items  ITEM1: Adjustment tol Future Land Use Map on S.1 Myrtle School Road between W. This adjustment recognizes ai rezoning (File # 8150) approval from residential to commercial on the east side ofs. Myrtle School Road between Seventh. Avenue and Rogers Avenue. This change would convert existing area designated as residential to commercial as indicated on the attached map. This change would also convert adjacent existing areas currently zoned commercial to the ITEM2: Adjustment to) Future Land Usel Map: at' Titman Road and Lowell-Bethesda Road This adjustment recognizes the approval ofai rezoning (File # 7856) from residential to office on thei northwest corner oft the intersection ofTitman Road and Lowell-Bethesda Road. This change would convert existing area designated as residential to office as indicated on the attached map. ITEM3: Adjustment tol Future Land Usel Map atl New Hope Road and Duhart Avenue This adjustment recognizes the approval ofar rezoning (File # 8170) from office to commercial on the corner of New Hope Road and Duhart Avenue. This change would convert existing area ITEM 4: Adjustment to Future Land Use Map at Franklin Boulevard, West Club Circle This adjustment recognizes the approval ofa conditional rezoning (File # 8194) from residential and neighborhood commercial to highway commercial on the southwest corner of Franklin  Seventh Avenue and White Lane  commercial land use as indicated on the attached map.  designated as office to commercial as indicated on the attached map.  and Country Club] Road  EXHIBIT 13-1    Boulevard and West Club Circle. This change would convert existing area designated as ITEM5: Adjustment tol Future Land Usel Map at New Hope Road and Garrison Boulevard This adjustment recognizes a conditional rezoning (File # 8207) approval to neighborhood commercial on the southwest corner of the intersection of New Hope Road and Garrison Boulevard. This change would convert existing areas designated as office, public andi institutional, ITEM6: Adjustment tol Future Land Usel Map atl Myrtle School Road and Whitener Street This adjustment recognizes the approval ofarezoning (File # 8234): from residential to commercial on the corner of Myrtle School Road and Whitener Street and an adjacent parcel located off of Myrtle School Road thati is zoned commercial. This change would convert existing area designated ITEM7: Adjustment tol Future. Land Use Map at Union Road and E. Hudson Boulevard This adjustment recognizes the approval ofa conditional rezoning (File # 8247) from office/light commercial and neighborhood commercial tol highway commercial ont the southwest corner of the intersection of Union Road and E. Hudson Boulevard. This change would convert existing area  residential to commercial asi indicated on the attached map.  andi residential to commercial asi indicated ont the attached map.  as residential to commercial as indicated on the attached map.  designated as office to commercial asi indicated on the attached map. ITEM8: Adjustment tol Future Land Usel Map: at 416 S. Broad Street as office andi residential to commercial asi indicated on the attached map.  This adjustment recognizes the approval of a rezoning (File # 8342) from urban mixed use to commercial located at 416 S. Broad Street. This change would convert existing area designated ITEM9: Adjustment tol Future Land Usel Map at S. York Road and Hillcrest Avenue This adjustment recognizes the approval ofa conditional rezoning (File # 8384) from residential tot transitional mixed use on1 the corner ofs. York Road and] Hillcrest Avenue. This change would convert existing area designated as residential to mixed use asi indicated on the attached map. ITEM 10: Adjustment to Future Land Use Map at Garrison Boulevard between Gibbons This adjustment recognizes the approval ofa conditional rezoning (File # 8385) from office and highway commercial tol highway commercial located on the southern side of Garrison Boulevard between Gibbons Street and S. South Street. This change would convert existing area designated CONCLUSION: Staff recommends approval of this amendment to the Development Strategies Map and 10: adjustments to the 2025 Comprehensive Plan as presented. On. June 9, 2016, the Gastonia Planning Commission unanimously voted 6-0 (Goode, Cinq: Mars, Amm:tros.loms.lleman: Stewart) on a motion to forward a favorable recommendation on the 2025 Comprehensive Plan Amendments.  Street and S. South Street  as residential to commercial asi indicated ont the attached map.  EXHIBIT 13-2    RANKINAVE  Elskine Woods MatthewsAg  MARYA AVE  ebarw  Proposed Development Strategies Map Amendment New Community Business Center  Spring Valley SAEMOR RHYNHILLDR * MARGOLO OAYCI  WMAINAVE  WHITENER  RMAN  WISECONPA AVEI  AVE PARKDALEA  AGARRIS - WFOURTHAVE WFIFTHAVE  BERNICEDR STAGBUCKDR AMBERCRESTDR  Parkdale  HOOPERAVE ASHTONAVE WTENTH  Myrtlewoods MRILEWOODSDR WSIXTHAVE SEVENTHAVE HITELN  Gateways Community Business Centers Neighborhood Business Centers Regional Business Centers Existing Greenway Trails Planned Greenway Trails Planned Improvements Thoroughfare Existing Residential Neighborhoods Mixed Use District Public Facilities & Resources Schools  New Community Business Center Node  Normandy ILLC "eai, Cbae Wesley RKLN AHOLMAAIE  PR Park EMILERST ISHERMA) oo Park ONUMEN Acres OHNA IVE  ROGERSAVÉ  5 AVE EASY Anthony Acres ON  : a  GARLANDA Morrow All Amerigan Park  JOHNSLN  Lakewood  Kingston HERMANDR  Suburban Heights ROLLINGWOODDR MWORTHLN JRBAN  1:20,000 1inch= = 1,667 feet Plot Date: May 31,2016  - Crawford Heights  GASTONIA  MONTST  RICHLANDA  LUA June2016.0.mxd    -  ITEM 1  Proposed Future Land Use Map Amendment  W-SEVENTHAVE  to Commercial  Subject Property  L  D  Legend Residential Commercial Office Centers Industrial Mixed Use Parks and Open Space Publica and Institutional Utilitites  ROGERS-AVE  Go  /  WHITELN  1:1,800 1inch = 150 feet  GASTONIA PLANNING DEPARTMENT  ulplan - PlotD Date: May: 27,2 2016    ITEM 2  - FCNAO  Proposed Future Land Use Map Amendment  L /  to Office  Subject Property  LE  Legend Residential Commercial Office Centers Industrial Mixed Use Parks and Open Space Public and Institutional Utilitites  Do  THTMANRD  - -  E  0  1:1,500 1inch = 125 feet  Do  D D  GASTONIA PLANNING DEPARTMENT  ulplan gmCPZonnp.omeLUAwne2v16.2mx Plot! Date: May; 27, 2016    ITEM 3  MVN  D  Proposed Future Land Use Map Amendment  DUHART-AVE  PEANB  to Commercial  /  E  5  Subject Property  Legend Residential Commercial Office Centers Industrial Mixed Use Parks and Open Space Public andI Institutional Utilitites  1:1,250 1inch: = 104 feet  GASTONIA PLANNING DEPARTMENT  uiplan SHCPZminAR-OMeLUA June2016 3.mxd PlotDate: May2 27,2016    ITEM 4  Proposed Future Land Use Map Amendment  BERDEE  to Commercial  Subject Property  EFRANRLINELVD  Legend Residential Commercial Office Centers Industrial Mixed Use Parks and Open Space Public and Institutional Utilitites  1  MAPLEWOODDR  1:2,000 1inch = 167 feet  CLUBF COUNTR  GASTONIA  uiplan_ gHicPZoningRezonelt LUA_June20164 4.mxd PlotDate: May2 27, 2016    ITEM 5  -  DE    Proposed Future Land Use Map Amendment  D EGARRISONE BLVD  ARMSTRONGPARK DR  9  to Commercial  Subject Property  Legend Residential Commercial Office Centers Industrial Mixed Use Parks and Open Space Public and Institutional Utilitites  DLONRD  E   0 D  LANCERCT - 5  1:2,500 1inch = 208 feet    GASTONIA GeatPlace. PLANNING DEPARTMEN  LUA_June2016_Smxd  PlotDate: May2 27, 2016    ITEM 6  Proposed Future Land Use Map Amendment  to Commercial  Subject Property  Legend Residential Commercial Office Centers Industrial Mixed Use Parks and Open Space Public andl Institutional Utilitites  WAIENERST  1:1,250 1inch: = 104 feet  GASTONIA  ulplan 9BCPZomhgeoneLuA. June2016 6.mxd PlotDate: May 27,2016    ITEM 7  EVTIRPATAL  Proposed Future Land Use Map Amendment  N  to Commercial  EHUDSONBLVD EHUDSONBLVD a P -  Subject Property  Legend Residential Commercial Office Centers Industrial Mixed Use Parks and Open Space Public and Institutional Utilitites  1:2,500 1inch = 208 feet  GASTONIA PLANNING DEPAF MEAn  uiplan SHCPZmIpReOMeLUA June2016_7 7.mxd PlotDate: May2 27,2016  PURRETANC    ITEM 8 Proposed Future Land Use Map Amendment  to Commercial  Subject Property  Legend Residential Commercial Office Centers Industrial Mixed Use Parks and Open Space Public and Institutional Utilitites  EFOURTHAVE  1:1,000 1inch = 83 feet  GASTONIA DEPARTMENT  ulplan_g SaCPVomny.esomluA, June2016_8.mxd PlotDate: May 27, 2016    ITEM 9 Proposed Future Land Use Map Amendment  to Mixed-Use  Subject Property  Legend Residential Commercial Office Centers Industrial Mixed. Use Parks and Open Space Public andl Institutional Utilitites  1:1,250 1inch= = 104 feet  GASTONIA PDANNING DEPARTMEN  ulplan 9mCPZomnglkezoneLU. June2016 9.mxd PlotDate: May2 27, 2016    ITEM 10 Proposed Future Land Use Map Amendment  wc GARRISONE BLVD  to Commercial  Subject Property  Legend Residential Commercial Office Centers Industrial Mixed Use Parks and Open Space Public and Institutional Utilitites  1:840 1inch: = 70 feet  GASTONIA  uplan mCPomnpeomeLUA June2016 10.mxd PlotDate: May 27, 2016    MEMORANDUM  TO: FROM: RE: DATE:  Mayor & Council  Ash Smith, City Attorney F5  3rd Amendment to Economic Incentive. Agreement-Lawyers  Building  May18,2016  In August of2013, City Council and the County Commissioners each Lawyers' Building onl Main Avenue in downtown Gastonia. In September of2014, each body amended their respective agreement at and his lenders to extend the deadline by which $2.4 million in from February 2015 to December 31, 2015. The original Fixed Grant Payments of$58,755.84, and thei first would not have been due and renovations. The first amendment changed the Fixed Grant year to 120 monthly payments of $4,896.30, and provided that the Payments first of from those 10 annual payments wouldb begin 60 days aftert the Completion: Date. Finally, the Variable Grant Payments monthly payments 2(b)(ii) of the agreement which are calculated based on a formula Taxes paid byt the LLC are stillt to bei made on an annual basis, but the referencing first the changes requestedt tot the timeframe by going tot the 2015-2016: fiscal year. Amendment: reflected In October 2015, Mr. Kirby requested an extension oft time from December 2016. Work has continued on the property ands significant investment havel 31, 2015, to. June 30, isa asking for another extension of time through December 31, 20161 to make been the made. Mr. Kirby  Economic Incentive Agreement to encourage the rehabilitation and restoration respectively of approved the historic an  the request ofMr. Kirby Capital Expenses must be done agreement also envisioned ten annual Completion Date of the  until payment due under that clause oft the agreement  payable  one whole  after the  the inp paragraph Ad Valorem  investment of $2.41 million. Gastonia'sh historic downtown.  required capital  Staff has reviewed the proposed revision and: recommends approval economic significance that a revitalized and rehabilitated  due to thel key historic and Lawyers Building would provide to  Memo  EXHIBIT 14-1    THIRD AMENDMENTTO ECONOMIC INCENIVEAGREEMENT THIS THIRD AMENDMENT TO ECONOMIC INCENTIVE AGREEMENT LAWYERS BUILDING OF GASTONIA, LLC, a North Carolina limited 2016, by and between  ("Amendment") is made effective as of the ("Grantee"), and THE CITY OF GASTONIA ("City").  day of  liability company  WITNESSETH:  WHEREAS, Grantee and City executed that certain Economic Incentive between Grantee and City dated as of August 20, 2013 (the "Agreement"); Agreement by and WHEREAS, by Amendment dated September 26, 2014, the parties amended the original agreement toj provide for 120 monthly payments instead of 10 annual terms of the extend the date by which $2.41 million in Capital Expenses hadt tol be WHEREAS, by Amendment dated November 12, 2015, the parties amended terms agreement to extend the datel by which $2.41 million in Capital Expenses had tol be the WHEREAS, thej parties desire to amend the. Agreement as more particularly set forth herein. which arel hereby acknowledged, the parties agree as: follows: receipt and legal sufficiency of Section 2(a)(i) is hereby deleted ini its entirety and replaced with the following: "Grantee shall have substantially completed the renovation oft the) commercialresidential building and expended atl least $2,400,000.00 Property in  ont payments the and to project from of the expended on the  February 2015 tol December 2015;  expended  project from December 31, 20151 to. June 30, 2016; and  NOW THEREFORE, for good and valuable consideration, the  1.  into a mix-use Capital Expenses  on or before] December 31,2016."  2. All other terms and conditions of the Agreement shall remain the Agreement, as amended by this Amendment, is hereby confirmed and reaffirmed by Grantee and City. INV WITNESS WHEREOF, the parties hereto have caused this Amendment  amended by this Amendment, the Agreement shall continue in full unchanged. force and Except as  effect, and  expressly approved, ratified,  the date first above written.  to be executed as of  GRANTEE:  LAWYERS BUILDING OF GASTONIA,LLC, aNorth Carolina limited liability company  EXHIBIT 14-2    By: CITY:  Nathan G. Kirby,J Jr., Manager  THE CITY OF GASTONIA Edward C. Munn, City Manager  By:  Agree1471  2  EXHIBIT 14-3    #a0140007 Supp #30  SECOND AMENDMENTTO) ECONOMICINCENTIVE AGREEMENT THIS SECOND AMENDMENT TO ECONOMIC INCENTIVE AGREEMENT LAWYERS BUILDING OF GASTONIA, LLC, a North Carolina limited 2015, by and between  ("Amendment"): is made effective as of the 12*2 day of Moombn, ("Grantee"), andTHE CITY OF GASTONIA ("City").  liability company  WITNESSETH  WHEREAS, Grantee and City executedi fhato certain Economic Incentive. and between Grantee and City dated as ofA August 20, 2013 (the "Agreement"); Agreement by WHEREAS, by Amendment dated September 26, 2014, thej parties amended thei original agreementt toj provide for 1201 monthly payments instead of10 extendt the datel by which $2.41 million in Capital Expenses hadt tol be expended antual payments and to WHEREAS, the parties desiret to amend the. Agreement as more particularly set forth herein. which are hereby acknowiedged, fhej parties agree as follows: recsipt legal sufficiency of 1. Section 2(a)G) ishereby deleted ini its enfizety andi replaced wifh the following: "Grantee shall haves substantially completed thes renovation oft fhel Property commercialnesidemtial. building ande expended atl least $2,400,000.00in into amix-use amended byt fhis Amendment, the Agreement shall continue: in unchanged. full force and Except as  terms ofthe on the project  from February 2015t tol December: 2015; and  NOWTHERERORE, for good and valvable consideration, fhe  and  ond or before Jrme 30, 2016."  Capital Expenses  2. All other terms and conditions ofthe. Agreement shalli remain the Agreement, as amended byt this Amendment, is hereby confirmed; andi reaffimedby Grantee and City. IN WITNESS WHEREOE, fhe parties hereto have caused this Amendment  effect, and  expréssly approved, ratified,  the datei fista above written.  tol be executed as of  GRANTEE:  LAWYERSBUILDING OF GASTONIA, LLC, aNorth-Carolinal limited] liabilitycompany 4  By Nafhan  EXHIBIT 14-4    CITY: By:  THE CITYOFGASTQNTA A Edward C. Mmm, City Manager  2  EXHIBIT 14-5    3  #30140087  AMTADMERITOICOXONICG INCEATIVEAGRIEMENT  THIS AMENDMENTTO ECONOMICI INÇENTIVE  made effective as of the 21 day of THE CITYOF GASTONIA ("City").  AGREEMENT ("Amendment")is lability company ("Grantee"), and  BUILDING OF GASTONIA, LLC,aN North Carolina spkny2014, limited by and between LAWYERS  WITNESSETH  WHEREAS, Grantee and City executed that certain  and between Grantee and City dateda as of August 20, 2013 (the" Economic Agreement"); Incentive Agreement by herein. WHEREAS, the parties desire to athend the Agreement as more particularly set forth sufficiency ofwhich arel hereby acknowiedged, the parties agree as follows: receipt and legal 1. Section 2(a)() is hereby deleted in its entirety andi replaced witht the: following: "Grantee shall have substantially completed the: renovation oft the Property into amix-use commercialresidential building and expended at least in Capital Expenses on or before December 31, 2015," 2. Section 2(b)@) is hereby deleted ini its entirety andi replaced witht the following: "The City shall make one hundred twenty (120) monthly payments $4,896.30 to Grantee for a total of ten (10) years (the "Fixed Grant of Payments"). The first of the Fixed Grant Payments shall be due within sixty (60) days oft the Completion Date, with andj payable on the first of the month following the subsequent first that no uncured Event ofI Default shall be occuring."  and  NOW THEREFORE, for good and valuable consideration, the  $2,400,000.00  and payable payments due payment, providing  3. Section 2(b)(i) is hereby deleted ini its entirety andi replaced with the following: "In addition to the monthly Fixed Grant Payments, the City shall also annual payment to Grantee for a period of ten (10) hereinafter determined ("Variable Grant convenience only in quantifying the benefit Payments"). to the Variable Grant Payment shall be calculated as the difference City, the amount of each lasty payment of Ad Valorem Taxes actually paid by Grantee between (a) the such Variable Grant Payment is due and (b) the. Ad Valorem prior Taxes) to the date of fiscal 2015-2016 tax year ending on June 30, 2016. For the paid for the determining the annual Variable Grant Payments, the term Ad purposes of Taxes" shall mean the assessed tax on the Property according to Grantee's Valorem  the make an years in amount For purposes of  EXHIBIT 14-6      "Business Personal Property" and Real Property and Personal Property" listings. The amual Variable Grant Payments shall be paid to Grantee within sixty (60) days oft the payment ofthe Ad Valorem Taxes by Grantee." 4. All other terms and conditions oft the. Agreement shall remain as amended by this Amendment, the Agreement shall continue in full force unchanged. and  and Except effect, the executed  Agreement, as amended by this Amendment, is hereby expressly  and reaffirmed by Grantee and City. as ofthe date first above written.  approved, ratified, confirmed  IN WITNESS WHEREOF, thej parties hereto have caused this Amendment to be  GRANTEB:  LAWYERSI BUILDING OF GASTONIA,LLG, aNorth Carolinal limitedliability company By 04  CITY:  THE CITY OF GASTONIA  009c0, SEAL CAR   SL  Name Fldcu Title: Cly Mlog  2  EXHIBIT1 14-7    D140007  NORTH CAROLINA GASTON COUNTY  BCONOMIC: INCENTIVE. BETWBENLAWYERS: BUILDING AGREBMENT OF GASTONIA, LLC AND THE CITYOF GASTONIAFORI DOWNTOWN REVITALIZATION  THIS AGREEMENT is made and entered into this  of August, 2013 6e20 aNorth ("Grantee"),a Carolina "City"),  ("Contract) Date") and between municipal corporation.  by  LAWYERS BUILDING OF  North Carolina limited liability company, and the City of Gastonia GASTONIA,LLC (the  WITNESSETH  WHEREAS, the City wishes to encourage the restoration and rehabilitation of historic WHEREAS, Grantee is the owner ofa certain historic property Iocally known and 130, 168 and 172 West Main Street, Gastonia, North Carolina (Tax Parcel ID# 105905, designated as WHEREAS, the City has' agreed tos make certain grants to Grantee under the conditions below for purposes ofinsuringt thei restoration andi rehabilitation oft the Property; and set: forth WHEREAS, the City is enabled by North Carolina General Statue 160A-456 to economic incentives for the rehabilitation and restoration of private historic downtown where the incentives willi improve the aesthetic character baildings, especially in an WHBREAS, the City Council oft the City of Gastonia finds that the1 rehabilitation and restoration ofthel Lawyers Building willl bringas substandard building up to cuitent codes, that has been closed to the public with no tenants for two decades, increase re-open the tax al base building and utlity revenues accruing to the City, and contribute to preserving and enhancing historic downtown business district for surrounding property owners and businesses; and the entire WHEREAS, the Property is located with the boundaries of the Gastonia Downtown Redevelopment Area adopted by the Gastonia City Council in 1999 which is a WHERBAS, by authorizing the execution of this Agreement, the City Council of the Gastonia finds that in order to aid and encourage the revitalization and Gastonia's historic downtown, it is neçessary and desirable to provide for fhe redevelopment renovation of the in Property and fhat the proposed renovation will improve the economic conditions immediate area, increase taxable property in the City, and increase business City, and that the quality of the proposed development meets the economic goals, prospects the design  ini its downtown; and  buildings 105906  and 105908) (the Property"); and  provide  business district; and  of the surrounding  area as defined by 160A-503; and  redevelopment City of of of the the  EXHIBIT 14-8    control criteria oft the City ast reflected in the City's ordinances and thei regulations,  use goals oft the City Council. ITIS AGREED ASI FOLLOWS: 1. DEFINITIONS.  and the land-  (a) "Capital Expenses" includes, but is not limited to, site selective demolition, architectural, engineering and conciete andi masonry work, metal work, façade work, doors, glass & glazing, drywall, remediation, flooring, painting, furnishing, Tincluding all necessary furniture, fixtures and of both the Hotel and Restaurant (as hereinafter defined)), fire protection, equipment electrical work and any other expenditure as defined by U.S. Treasury that qualifies as a qualified rehabilitation expenditure (QRE) in determining Regulation the 1.48-1()(2) historic  work, site improvements,  surveying fees, environmental  for the operation plumbing, HVAC, tax Main  credits (but excluding any developer fees). to as the "Lawyers Building." Grantee receives payment. 2. PAYMENTS  (b) "Property" is the land and building(s) located at 130, 168 and 172 West (C) "Room Night" is defined as one hotel room occupied for one  Street more precisely as Tax Parcel ID## 105905, 105906 and 105908, and  colloquially referred night for which  (a) Completion Date. The Completion Date" shall be date upon which the last @) (Minimum Expenditures) Grantee shall have substantially renovation the Property into mix-use commercialhesidential building and completed expended the at least $2,400,000i in Capital Bxpenses within eighteen (18) months of the Contract Date; (i) (Site Improvemenfs) Grantee shall have constructed a surface consisting of at least twenty (20) parking spaces on the Property ("Parking parking (it) (Certificate of Compliance) Grantee shall have obtained from fhe Gastonia City Inspections Department, ai final certificate of compliance (referred to below as "ÇO") allowing occupancy or use, for residential and/or commercial uses on the governmental certificates and approvals necessary for the operation of the  following have been satisfied by Grantee:  ofthe  lot Lot") and  paved the patio/courtyard: area ont thel Property ("Courtyard");  Property; and  (iv) (Other Goverrmental Approvals) Grantee shall have obtained all other  Restaurant as hereinafter defined.  Hotel and  2  EXHIBIT 14-9    (b) Schedule ofPayments,  @) The City shall make ten (10) annual payments of $58,755.58 to Grantee for a period of ten (10) years ("Tixed Grant Payments"). The: first oft the Fixed Grant Payments shall be due and payable within sixty (60) days oft the first Completion Date. Subsequent Fixed Grant Payments shall be made anniversary within days of each anniversary of the Completion Date thereafter  oft the  that no sixty uncured (60)  Event ofDefault: shall be occurring,  provided  (i) Concurrently with each Fixed Grant Payment the City shail also make an annual payment to Grantee for a period of ten (10) years in the amount hereinafter determined ("Variable Grant Payments"). For purposes of convenience only quantifying the benefit to the City, the amount ofe each Variable Grant Payment shall in be calculated as. the difference between (a) the last payment of Ad Valorem Taxes paid by Grantee prior to the date ofs such Variable Grant Payment is due and actually the Ad Valorem Taxes paid for the: fiscal 2013-2014 tax year ending on June 30, 2014. (b) For the purposes of determining the Variable Grant Payments, the term "Ad Valorem Taxes" shall mean the assessed tax on the Property according to Grantee's "Business Personal  Property" and" "Reall Property and Personal Property" listings. (C) Prerequisites 10 First Grant Payments, The City shall not be the initial Grant Payments until such time as Grantee has provided the  obligated to make City with the following  documentation:  () A full copy of the audited cost certification detailing the expenditures compromising the Capital Expenses, which certification shall be accompanied of any invoices, purchase orders, contracts, cancelled checks and other evidence by utilized copies  byt the Accountants inj preparing such cost certification; and  () Afull copy ofthel National Park Service. Part3 approval.  3. TMEOFE ESSENCEI FOR ALLI DATES ANDDEADLINES Time is oft thee essence AFFIRMATIVE COVENANTS. Until such time as the last of the Fixed  fora all dates and deadlines int this Agreement.  Payments and Variable Grant Payments (collectively referred to as the "Grant (a) Grantee shall promptly pay and discharge all taxes, assessments, other governmental charges which may be lawfully levied against the Property utility charges and or improvements located thereon, and also all Iawful claims for labor or material and which, if unpaid, may become a lien or a charge against the Property unless Grantee is supplies and licenses required by all restrictions, buildings laws, health codes, environmental permits, consents, safety rules, and zoning and subdivision Iaws and regulations relating to construction regulations, and  Grant  been made:  Payments") have  all validly  contesting any such matter,  (b) Grantee shall conform to, comply with, and obtain all: required  3  EXHIBIT 14-10    operation of the Property and with all other applicable statutes, laws, ordinances, regulations of the United States, oft the state and municipality in which the Property rules, is and and ofany other govermmental division, board, or officer having or claimingurisdiction over located the (C) Grantee shall abtain all necessary permits, licenses, consents and other (d) Grantee shall operate or contract for the operation ofa full-service the ground floor oft the Property ("Restaurant") which shall be open to the public at restaurant least on (€) Grantee shali operate a hotel on the Property open to the public three hundred sixty-five (365) days per year with a lobby in the giound floor and a minimum of guest rooms located on the mezzanine and floors 2 through 5 (collectively referred thirty to as (30) the and/or Restaurant due to acts of God or other emergencies beyond the reasonable portion confrol Hotel Grantee, during which time Grantee shall not be: required to comply with Sections and of above, sol Iong as Grantee is in good faith attempting to reopen the Hotel and/or 4(d) Restaurant 4(e), such closure shall be held in escrow by the City until such time as the Hotel be.paid and/or during Restantant any 5. UPFIT MANAGEMENT AND OPERATION OF HOTEL AND RESTAURANT Grantee shall, during the entire period of this Agreement, maintain the Hotel and the Restaurant in good condition and repair and: shall comply with the following conditions: a, The upfit, furniture and fixtures oft the Hotel and the amenities provided in hotel room shall be to a level sufficient to obtain and maintain at three diamond American Automobile. Association ("AAA") except toi the extent that such as rating rating would: from the meeting rooms, a swimming pool, at fitness center or other facilities not feasible due to require and historic nature of the Hotel. Such other applicable hotel rating system the the size mutually agree upon may be substituted in writing by both parties for the. AAA: rating parties may oft the Interior's Standards for Rehabilitation, codified as 36 CFR 67. Grantee shall use Secretary efforts to use the same level of quality finishes that were originally used in the its best Substitutions are acceptable where the original material is tnavailable, is cost unsafe, or otherwise unacceptable, provided however that they mimic the  Property.  fort the constraction and operation oft the Property.  approvals six (6)  days per week. "Hotel").  3 Grantee shall: from time to time be allowed to close all or a  of fhe  remedying the problem causing the closure. Any Grant Payments due to  by  reopens.  each  any time during the term ofthis Agreement.  system at structure. prohibitive, is Iook, feel or quality of  b.  Grantee shall perform thei rehabilitation oft the Property according to the  the material.  C. Grantee shall employ, either directly or by entering into a management contract with a qualified management company with experience in thel hotel industry, sufficient qualified  4  EXHIBIT 14-11    :  personnel to manage and staff the Hotel, Such staffs shall include a general the Restaurant shall be with an entity experienced in the overall e. Thel Property shall be képt clean ànd well-maintained Restaurant shall: maintain sanitation ratings of95 or above.  his or heri fullt time tot thé operation oft thel Hotel.  manager who devotes  d, Grantee shall operate or contract for the operation of the Restaurant provide, ata a minimum, table service for breakfast and dinner. Any contract for the which shall  operation of  restaurants.  operation of fuil service throughout. The Hotel and  f.  The Hotel shall maintain an average occupancy rate of at  for each twelve-month measuring period using thei following formula: Ieast 30% determined  Room) Nights Total Rooms X365  The first measuring period for the above formula shall beginning on the first Completion Date and shall continue until the last of the Grant) Payments have anniversary been made  of the by the of the Grant Grant  City. 6.  ADDRESSES AND NOTICES. Prior to the payment of the first of the  Payments, Grantee shall direct the City in writing as to the method of Payments. When aj notice is required or permitted by this Agreement, delivery  mailed or couriert tot the City by delivery to:  its shall be hand-delivered,  CityManager City of Gastonia POJ Box 1748 Gastonia NC27701 andt to Grantee by delivery to: Nathan Kirby, Manager Lawyers Building of Gastonia, LLC 1421-A East Franklin Boulevard, PMB: 279 Gastonia, NC 28054  Either party may change the address by giving notice oft the change to the deemed received @) when iti is handed to an employee of the other party located other party. at the Notice is stated in this section, () in case of mailing, on the third business day after iti is deposited address post-paid envelope in aj post office or official depository under the exclusive çare and thel United States Postal Service or (ii) on the date of delivery by a recognized national custody courier. of origin, religion or sex be excluded from participation in, be denied the benefits subjected to discrimination under any program or activity funded in whole or in part of, by or be  ina  7.  NONDISCRIMNATION. Noj person shall on the grounds oft race, color, national  any  5  EXHIBIT 14-12    payment made pursuant tot fhis Agreement. No otherwise qualified handicapped individual United States shall, solely by reason of handicap, be excluded from the denied the benefits, or be subjected to discrimination under any program Or participation in, be  in the  financial assistance pursuant tot this Agreement.  activity receiving unreasonably the rightto the assignment  8. ASSIGMMENT Without the City's written consent, not to be withheld, conditioned or delayed, Grantee shall not assign any ofits rights payment) or duties that arise out of this Agreement. Such prohibition shall (including not delegation of responsibilities to contractors or agents utilized in the rehabilitation apply to the the Property by Grantee from time-to-time, The City Manager may consent to or an operation of without action by the City Council. Unless the City otherwise agrees in all assignees shall be subject to all of the City's defenses and shall writing, be liable for Grantee all and Grantee duties that arise out oft this Agreement and all of the City's claims that arise out ofthis of the Agreement. Notwithstanding anything herein tot the contrary, this Agreement may be assigned to any lender holding a deed oftrust ont the Property as additional collateral: for collaterally the ofsuch lender. In the event ofa foreclosure resulting in a1 transfer of the or transferee at foreclosure, then the rights of Grantee under this Property Agreement shall Iender be automatically transferred to such transferee so long as such transferee agrees in  to such loan wiiting to be  fully bound and1 liable under this. Agreement.  9. MODIFICATIONS BY WRITTEN AGREEMENT: NO OTHER CURRENT AGREEMENTS WAIVERS: PERFORMANCE OF GOVERNMENT FUNCTIONS: REFERENCES: TO SECTIONS. This Agreement may be modified only executed by both parties hereto. Further, a modification: is not enforceable by against a the agreement itis signed by the City Manager. There are; no promises, agreements, conditions, inducements, City unless warranties, or understandings, written ot oral, expressed or implied, between the than as set forth ori Teferenced in this Agreement. No action or failure to act constitute a Waiver of any of its rights or remedies that arise out of this by either party nor shall such action ori failure to act constitute approval of or acquiescerice in a breach Agreement, shall as may be specifically agreed in writing. Nothing contained in this, or construed so as to in any way estop, limit, or impair the City from Agreement shall be deemed any regulatory, policing, legislative, governmental, or other powers or functions. exercising This or performing isi intended: for the benefit of the City and Grantee and not any other person. Unless the Agreement context requires otherwise, references int this Agreement to Sections are references to Sections contained int this Agreement. Section titles, including references to Sections with their titles (asi in Section X(a)@)title afx(a)@)"), is for convenience only, and fhe titles are not intended to affect the: financial obligations herein provided, if any one or more of the tightt following suspend events all or part of Defult) shall occur: (a) Grantee shall fail to perform or observe any of the covenants ("Bvents of agreements contained ini this Agreement; or (b) any representation or warranty made Grantee or int this Agreemènt shall prove to be incortect in any material respect as of the date by was made. If an. Event ofDefault occurs, prior to exeroising any remedies hereunder, on which it give Grantee wiitten notice. Ift the Event of Default is reasonably capable of being cured City within shall thirty (30) days, Grantee shall have such period to affect a cure prior to the exercise ofr remedies City under this Agreement. Ifthe] Byent ofDefuiti is sucht thati iti is not reasonably capable ofb being by  written  parties, other thereunder, except  meaning ofthis Agreement.  the  10. DEPAULTAND: TERMINATION City reserves the  to  6  EXHIBIT 14-13    :.  cured within thirty (30) days, and if Grantee (a) inifiates corectiye action within and (b) diligently, continually, and in good faifh works to effect a cure as soon thirty (30) days, exercise of any remedies by City.. In no event shall City be necessary precluded from cure the default piior to of default is given. If an Event of Default occurs which (180) Grantee fails to first written noticé event shall Grantee bei in default hereunder ifthe delay orf failure to obtain payments to Grantee. In no consent or ofher approval from the City is due to the unreasonable any such permit, license, Gaston County, Norfh Carolina, This Agreement shall be" governed be deemed made in accordance with the laws of North Carolina, The exclusive forumi by and construed in arising out of this Agreement shall be the State of North Carolina and Court venue located for all in actions shall: not apply to subsequent actions to enforce aj judgment entered actions court, This section  Grantee shall have such additional time as is reasonably the] Bvent ofI Default isi not cured within onel hundred twenty herein, City may terminate this Agteement and make no further  to days after exercising thei  as possible, fhen remedies if remedy as provided delay, negligence or willful  misconduct ofthe City.  11. FORUM and CHOICE OF LAW, This Agreement shail  County. Such actions shall neither be commenced ini nor removed. to. Federal  Gaston  thiss section.  in  heard pursuant to  12. INDEMNTTICATION.  (a). Indemnifcation. To the maximum extent. allowed by law, Grantee in any manner from, in connection with, or out of this Agreement as a Charges result of acts omissions of Grantee or its contractors, subcontractors or anyone directly or indirectly or employed ans 6f them or anyone for whose acts any of them may be liable. In pérforning  duties under this subsection (a), Grantee shall at its sole Indemnitees withl legal counsel reasonably acceptable to City, (b) Defnitions. As used in subsections (a), above:  MSR defend, indemnify, and sayel harmless Indemnitees from and against all  that shall arise  expense defend  "Charges" means claims, judgments, costs, damages, losses, liabilities, duties, obligations, fines, penalties, royalties, settiements, and demands, (included without limitation within "Charges" are interest and reasonable expenses  attorneys' fees assessed as part of any such item). contractors, agents, ande employees, excluding Grantee,  "Indemnitees" means City and its officers, officials, independent (C) Other Provisions Separate, Nothing in this section shall affect waranties in favor of the City that are otherwise provided in or arise out of any this  Agreement. This section is in addition to and shall be construed other indemnification provisions thati may bei in this Agreement. Agreement (whether by expiration ofthet term or otherwise).  separately from any  (@) Survival. This section shall remain in force despite termination of this  7  EXHIBIT 14- 14    (e) Limitations of Grantee's Obligation. If this section is in, or is in connection with, a contracti relative tot the design, planning, construction, alteration, or maintenance of the Property, then subsection (a), above, shall not require Grantee repair to indemnify or hold harmiess Indemnitees against liability for damages arising out of bodily injury toj persons or damage to property proximately caused by or resulting from  ther negligence, in whole ori inj part, ofIndemnitees.  IN WITNESS WHEREOF, the City has caused this Agreement to be  authorized officer.  executed by its duly  CITY OF GASTONIA SMMaL Edward C. Munn, City Manager  - By:_    CS  ATTEST:  APPROVED AST TO FORM: Ah - CITYATZORNEY  llde  Pre-audit certificate  dhz  Agree1343  8  EXHIBIT 14-15    IN WITNESS WHEREOF, Grantee has caused this Agreement to be executed  authorized officer.  by its duly  LAWYERS BUILDING OF GASTONIA, LLC, aNorth Carolina limited liabilitycompany By: A  STATE OFN NORTHCAROLINA COUNTY OF Gastan  Vrginia LDrigkton aforesaid, certify that NATHAN: KIRBY, either  aNotary Public oft the County and State being personally known to me or whose  was  proyen by satisfactory evidenced, personally came before me this day and that he is the Manager of LAWYERS BUILDING OF GASTONIA, LLC, a North acknowledged limited liability company, and that by authority duly given and ast the act ofs such limited. Carolina company, he volmtarily signed the foregoing instrument in the name and on behalf liability  identity of said  limited liability company for thej purposes set forth herein.  WITNESS my hand and notarial seal, thist the_ g day of-Agusts Sepfember 2013.  LOES OTARY UBLIC COUN  lagisid su  Notary) Public  My Commission Expires: 2/22/2014  9  EXHIBIT 14-16    37  ASTONIA GreatPlace. GreatPeople. GreatPromise. Officed oft the City Manager  Jaly25,2013  To: Central City Revitilizations and Housing Committee From: Bdward C.N Mmn, City Manager Subject: Lawyers Builaing Redevelopment The owner ofthe Lawyers  EM  known asa ab hotel for wifa full service Building restaurant and ont other thef first investors are proposing to: redevelop fhe most iconic decades, buildings was in originally builtin1 1918 ast fhe floor. First The Lawyers Butlding, as itk has builling been, architectural details have the been City and fhe County. For National many Bank Building. Itis oneof Gastonia. Ithas been moret thant thirtyyears featured in photographs, peintings years and fhe building and its boarded-up actively and deteriorating. Mr. Nathan sincet thel bulding was fullyo videos promoting building and is sincerely pursuing various Kirby, the new owner of occupied. the Itis currently original bank seven stories high and has 21,934 options for redeveloping fhis great building, has been floors ofoffices lobby with a vanlted celling), a square mezzanine feet consisting oft the building. The wests buildinga side anewe clevator, open and hotel rooms for the remaining restaurant five ont the groud and County ofthe building, and builda completet as surface the patio area between the floors), add to the estimatedb Administration byt fhe developer Building and the Lawyers parking facility ont the east Lawyers) side, thel Building loti ont the net new additional grant amally taxes. for ten-year period gromp of$61,462 requests that as the City provide an economic annually, not couting the increase The projected revemes to the City well as an amount equalto the permita and utility comnection fees fort to fhe property tax. The are projected to be $51,592 increaset staff tot and developer have revemes tried top may be either) higher orl lower revemnes than are always based on value oft the the fnished City'staxy valuation willz present notbes specifically reasonable estimates for fhe the project. estimated The amount  space, anda afull basement  containing the old ground board room, floor (the  Proposal: The developer  five  basement floors and approximately proposest to 32 developt fhe entire building (ar  willl be approximately $3,900,000. Building. The total cost of the between project fhe as  Request: deyelopment The developer and his ownership  assumptions, The  andt the actal P.0.BOr1748.  fhe construction. Projected City would aiso receive one-time  project. The developer estimates tax known until fhe County  actual  value will increase by appraisest $2,650,000. fhe  Gastonia, NC2 28055-1748.  TNLNsNS. Tax-704854-607  EXHIBIT 14-3  EXHIBIT 14-17    The Economic Development Grant wonldi increase actualz neti newt tax value as determined then fhee economic development from they projectbys $9,870. leasta Schedule: The developer has established a very Agreement: Thes specific economic  37  beyond the $61,462  byt the County. Soi ifthe developer's amount by only fhe economic development grant exceeds of$80,707 the annual anmally.  Ther requested amount for the anmual grant wouldi increase by $19,245 or atotal estimatei is correct, thed developer temporary certificate ofo occupancy completed compressed schedule with his desire to! manner deyelopment as those prepared for the development Tech Park or grant ofher agreement will bes structured inas similar economic development incentives have been approved. The agreement areas must in the City where economic the grant can be made. grant The and thes specific conditions required annually indicate the amount oft the successful operationo ofthed conditions will be the successful project. This amual amount would be projectt toc onlyt thei increasedr revenues result oft the project. Fuither, the $51,592 plus neta anmual increaset to estimatedi forthe (such asi is done with ouri industrial agreement could reduce the amount ofi thep property tax asa yeart toaf final annual amount of55%0 ofally incentive grants) by 5%1 from al base of incentive each year  revenne  needt tot uset thet tax credits: fromt they by end ofDecember 2013. Investors have with at  projecti inc calendar year2013.  before ap payment of completion and subsequent  development proposed.  The City could Iimitt fhep payments: fort the  netz new revennes.  100% for the first  P.0.I Box1 1748. Gastonia, NC2 28053-1748.  TATENsA. Phone:?  Fax 704.854-6607  EXHIBIT 14-4  EXHIBIT 14-18    37  LAWYERS BUILDING HOTEL  35 Outdoory Hotels patios Suites Penthouse, Restauranta and Bara at 168V W. Main (PID#1 Additional seating/dining spacea at172 W. Main (PID#1 105905) 105906) First Grant;a parkinga granti addedz int thea at130V W. Main( (PID# 105908) equaltos $31,920f fromt thec amount County of$61,4 pery yearf 462f for1 fromt the Cityp pery yearf for 10y years andagrant Second Grantya grante equalton netn newa adv 10y years Projectv willr need! locald designationt tob bes eligiblef valoremt forN taxesf National from City: and Countyf for1 10y years.  Trust HistoricH Hotela affillation  Revenuel Projections  City 55%Occ PropertyTaxes $ 19345.00 Hotalocupantylax $ 18,428:85 Sales-Tax $ 505.89 Nèt Electne $ 7,762.75 Comference Centers $ 21,000:00 NetWater/Sewer, $ 3,893.92 New TOtAN Ad Valorem NewRévenue $ 10,936:A1 Economic Development Grant Grant (19,345.00) Annual Grant Revenue (Cost). (61,462.00) AOyeGrant Revenue (Costy: 9870.59) Gonstructions Revenuey (98,705,89) TOIReeneICO 95,849.89) EreakEvenz afterl 10r  2,856.00 135.  Pageli 7/19/2013  Developer Discussion Memo lawyeButingote Gastonia,lc  EXHIBIT 14-5  EXHIBIT 14-19    37  EVENUFASSUMPTIONS 55% 10587 35.  Occupancyn Raté lodging/Residentials SQFT Commerial/Commons SQFT 11347 Number ofUnits Gross Electricr Revenuep PerB Resi Unit 74.54 Gross CountyTaxRate Gross Electric Pers SgFTCommercial 0.25 Gross Water/Sewer Per Unitg 0650 Occ. 39.13 AverageNightly: Rate Netlectrics Ctys SalesTex Gross Waterf ford Commercial  NetWater/Sewer% MSDTaxRate CsyTaxRate RestaurantSales OccupaneyTexR Rate 85.00 Construction Goads Estimate $1,020,000.00 NetNewP Property Value $2,650,000.00 OccupiedNight CountySalesTax  40% 0.200% 0.530%. 0.835%. 180,675.00 3.0085 132%  15% Food/Beyperc 0.28%. 175  Page12 7/19/2013  lawyersB Developer Discussion Memo Buiaingafsasonauc  EXHIBIT 14-6  EXHIBIT 14-20    37  Perml Loan SOURCES Federal General Partner Equity $ $1,573,473.00 478,212.17 State Geheral Partner Equity $ 319,127.24 DevelopmentGrants General ParinerE Equity Developer GPE Equity Constructiont Loan Total Sources USES ACQUISITION STEIMPROVEMENTS FESELTATONBPENSE PERSONALPROPERIY PROFESSIONALFES SOHSTRUCTONFINANCE SOFT COSTS RESERVES DEVELOPMENTCOST TOTALUSES  Total 25,000.00 $ 327A0732 564,643.95 $1,673,473.00 $5,061336.68 350,p00.00 85,000.00 $2,433,880.45 201,000.00 139,500.00 46,659.24 24,354.00 107,470.00 $1573473.00 $5,061335.68  Payoffc Constructionloan $3,387,863.68  EXHIBIT14-7  EXHIBIT 14-21    (  3    (  E ES E D BSE  B BE E  A  E ESN BSE AA AN AA NNA E SE E  E ESS E ESF ANA AP  NNE NAN E E E  N  LA AAA NA E E E   E ASE E  N  B EB  LAWYERS BUILDING  168/170 W. MAIN AVE.y GASTONIA, NORTH CAROLINA, 28052    UGLA  XXX  First Natlona Bank  230383036 SS  BATONPEANT  01  FIRSTLEVEL REHABILITATION PLAN Hiyee Biss A101    U 0s  FitstNatlonal Bank  G  FIRST  01  FIRSTLEVEL MEZZANINE REHABILITATION PLAN A101M  41    ELLLNY    allonal Bank  E  HABILVAYI  01  SECONDLEVEL REHABILITATION PLAN Fpsa ouss A102,    MEMORANDUM  DATE: June9, 2016 TO: RE:  Mayor/ Council EdM Munn, City? Manager BUDGET AMENDMENT  FROM: Chuck Dellinger, Directoro ofParks & Cultural Services BUDGET AMENDMENT TOE RECOGNIZE FUNDS FROM AMERICANI  DONATIONS, TO BE USED FOR THE SPRINGFIELD MASSACHUSETTS LEGION) POST 23 AND OTHERI LOCAL Thea other attached local individuals budgeta amendmenti istor recognizef funds receivedi inthea amounto of$5,000.00f from AmericanI Massachusetts American Legion baseball teamsi in Gastonia, Thef funds providing haveb meals and incidentals to host the Springfield TripI Donation Fund), andw willbec enteredi intoe expenditurea accountn number been depositedt to 110-418-335800 (Springfield  GASTONIA JUNE24-26, 2016.  BASEBALL TEAM TRIP TO  and groups, designated specifically for  Legion Post23a and  1104181400fSpingiaa7 Trip).  EXHIBIT  EXHIBIT 15-1    City of Gastonia Budget Amendment  Budget) Dept Amendment#  CBF 16-038  ADDITIONALFUNDS (Councilapprove) TRANSFERS! BETWEEN: FUNDS (Councilz approves) COUNCIL: MEETING DATE:  June 21,2016 Account Number  ForBudgetUseOmy Existing Budget  Increase (Decrease)  Revised Budget  Account) Description  Recreation  Travel & Training Miscellaneous Donations  110-418-14010 110-418-335800  $5,000 $5,000  $0 $0  $5,000 $5,000  Doest thisa amendment adverselyi impact your operation? IfYes- Whati ist thei impact?  Yes  No  REASON FORA ADJUSIMENT  Torecognize donation from American Legion Post2 23 ($2,500) and Community) Foundation of Gaston Co,I Inc( ($2,500)tob hostt the Springfield  Massachusetts American Legion baseballt teams in Gastonia. E4s2a  SIGNATURES DATE APPROVALS DATE  DEPAT RTMENT BEAD CITY COUNCIL  DATE DATE  6/10/2016 Muopradoiy leliolo  CITYMANAGER  EXHIBIT 15-2    CITIZEN COMMITTEE CITY COUNCILAPPOINTMENTS FOR FY2016/2017  Please note that all appointments are not by wards; therefore, none are indicated. WARD appointments are noted in bold print next to the current/listed: member's name.  Terms expire 6/30/16 unless otherwise noted.  RESIDENTIAL RENTAL: PROPERTY REVIEW BOARD (2-Year' Term)  Mark C. McNeil 2291 Wynbourne Drive Gastonia, NC 28056 H: 704/516-4743 Margaret Darby' Taylor 1209 Edgefield. Avenue Gastonia, NC 28052 W: 704-866-3207 muylor@cogatonncus Anthony Giacobbe 15101 Florida St. Gastonia, NC 28052 H: 704/853-8625 C:7 704/747-0230  NOTE: All are willing to serve another term.  EXHIBIT 16-1