Page 153 Page 153 GASTONIA CITY COUNCILMEETING APRIL 5,2 2016- - 6:001 P.M. CITYCOUNCILCILCHAMBERS- CITY HALL- GASTONIA.NC Mayor John Bridgeman called the meeting to order at 6:00 p.m. on' Tuesday, April 5, 2016i in the City Council Chambers, City Hall, Gastonia, North Carolina. Councilman David Humphries opened the meeting with prayer. Mayor Bridgeman ledt the audience in the Pledge of Allegiance tothef flag. Sherry H. Dunaway, City Clerk, recorded the minutes. PRESENT: Mayor John D. Bridgeman Council Members: Robert Kellogg David) R. Kirlin James Gallagher Todd) Pierceall Porter L. McAteer David Humphries City Manager: Edward C. Munn City Attorey: L. Ashley Smith ADOPTIONOF THE AGENDA Councilman Gallagher made a motion to adopt the Agenda as printed. Councilman Kirlin seconded the motion and Council approved! it unanimously. APPROVAL OF THE MINUTES Regular Council Meeting - February 2, 2016 Mayor Pro Tem Pierceall made ai motion to approve the minutes as printed. Councilman Mayor Bridgeman stated that before public expression begins, he would like to congratulate the NCTar) Heels even though they didn'tv win lasti night. Mayor Bridgeman requested Fire ChiefPhil Welch approach the podium. Mayor Bridgeman stated he had received a letter from Mayor, Scott Neisler, thanking Chief Welch and the Gastonia Fire Department for their assistance ata ai firea at] J.] Herndon Industries inl Kings Mountain on. January 19th. The Gastonia fire personnel worked and provided relieft to the Kings Mountain firefighters who had fought the fire all night. Mr. Neisler noted that with neighbors like this iti is a win-win for all citizens. Mayor Bridgeman stated Mayor Neisler extended his appreciation to Chief Welch andl his firefighters and commended them for their response and dedication tot the fire service. Mayor Bridgeman thanked seconded Kellogg the motion and Council approved it unanimously. Mountain Kings Chief Welch andt the fire department for their service. PUBLICI EXPRESSION Mayor Bridgeman recognized Ms. Beverly Huddle, 1102 Robinwood Road, Gastonia, NC, to Ms. Huddle stated that she is part ofa group of Hunter Huss alumni that have been tor recognize Vietnam Veterans. Ms. Huddle distributedaf flyert thati is hereby incorporatedi doing into things the minutes. Ms. Huddle stated they were having a community wide event at Gaston] Memorial Park on Saturday, April 30th toi recognize the Vietnam Veterans fromi the war era ofNovember 1, 1955 through April 30, 1975. Ms. Huddle noted that ift they were in the military during that period of time they want to recognize and honor them. Ms. Huddle stated elected officials would be there tos shake hands and present a 50th Commemorative Anniversary pin to those from all branches of speak on Vietnam Veterans. the military. -153- Page 154 Page 154 REGULAR COUNCIL MEETING- April5,2016 (Reference as contained in Exhibit Book 41 tol Minute Book 105 at Page 72.) CONSENT. AGENDA Mayor Pro Tem Pierceall made a motion to approved the Consent Agenda. Councilman Humphries seconded the motion and Council approved it unanimously. 1) 2) BUDGET AMENDMENT: #16-029 BUDGET, AMENDMENT: #16-030 RECOGNIZING REVENUE FROM GASTON OINITIONASHFGRANES (Reference as contained in Exhibit Book 4t to Minute Book 105 at Page 73.) REVERSALOF) REVENUE, ANDI BUDGET AMENDMENT (Reference as contained in Exhibit Book 4t to Minute Book 105 at Page 74.) 3) AMENDMENT TO THE CITY OF GASTONIAGASTONIA CONSORTIUM PY52014-PYS201415 AND: 2015-16 ANNUALACTIONI PLANS(AAP) (Reference as contained: inl Exhibit Book 41 tol Minute Book 105 at Page 75.) PROPOSED CONTRACT WITH PIKE ELECTRIC FOR UNDERGROUND (Reference as contained in Exhibit Book 4tol Minute Book 105 at Page 76.) 4) TRENCHING 5) ORDINANCETO DEMOLISH 1091 Drake Street Owner: Mr. James A. Carpenter ORDINANCE TODEMOLISH 8181 Miller St. Owner: Alma R. Love & Robert N. Love, Jr. (Reference as contained: in] Exhibit Book 41 to Minute Book 105 at Page 77.) 6) (Reference as contained: in] Exhibit Book 41 to Minute Book 105 at Page 78.) Mayor Bridgeman recognized a Boy Scout in the audience. Master Ian Morton stated he was from Gastonia, NC, Boy Scout Troop 6 at] First Baptist Church and stated hei is about to be an Eagle Scout. Master Morton stated his project was to build a retaining wall at Schiele Museum. RESOLUTION ADOPTINGI PRELIMINARY ASSESSMENT ANDS SETTING1 THE PUBLICI HEARINGTIME. ANDI DATEE FOR LOCAL IMPROVEMENTS- SEWER LINE EXTENSION FORAI PORTION OR BARRINGTON DRIVE Mayor Bridgeman recognized) Mr. Rusty Bost, P.E., Director of Engineering for this presentation. Mr. Bost stated the City received aj petition to extend the sewer on Barrington Drive, a short cul- de-sac offo of Kendrick Road ands seven properties willl bes served by the sewer. Mr. Bost noted that six oft thoses sevenj properties have signed the petition to extend the project. The current water and sewer has $120,000 in the budget for water extension, so we do not expect to be asking for any additional funds. This item is ai request to set the public hearing for the first meeting in May, at which time it will be a public hearing and council formerly begins the project and staff Mayor Pro Tem Pierceall asked whyt the one resident did not sign and Mr. Bost responded that he didi not know, noting that this is an area that was annexed. Mr. Bost statedi in some cases people recommends taking this action. have septic tanks andt they still want to continue using them. -154- Page 155 Page 155 NIGIARCOIRINETNC- April5,2016 Councilman Gallagher made ar motion to approve thel Resolution. Mayor Tem Pierceall seconded ther motion and Council approved it unanimously. (Reference as contained inl Exhibit Book 41 tol Minute Book 105 at Page 79.) AWARDOF CONTRACT FIRESTONE AREA SEWERI REHABILITATION Mayor Bridgeman recognized Mr. Matt] Bernhardt, Director of Engineering and Public Works & Utilities and alsol Mr. Rusty Bost, P.E., Director of] Engineering for this presentation Mr. Bernhardt stated this item concerns the award oft the Find and Fix contract for the Firestone basin. The Firestone basin is one oft the oldest portions of the city's sewer system CIP and runs through the areai that wast the oldi mill village for thel Loray Mill. Mr. Bernhardt noted that because oft the age oft the system it suffers some inflow andi infiltration of storm wateri into the system and that causes problems with overflows on occasion. Ourl hope with this contract is that we will be Mr. Bernhardt introduced Mr. Rusty Bost, Director of Engineering to talk about the actual bid Mr. Bost noted the bid amounts are well above the budget of $350,000 that was established ini the Water and Sewer CIP. The $350,0001 is the budget and that is the "not to exceed" in the contract and the contractor is aware of that. Mr. Bost answered various questions of Council. Councilman Kellogg made the motion to approve the Contract for the Firestone Area Sewer Rehabilitation as recommended. Councilman Kirlin seconded the motion and council approvedit able to greatly reduce the inflow andi infiltration into the system. results. unanimously. (Reference as contained in Exhibit Book 41 to Minute Book 105 at Page 80.) NCDOTTRAFFIC CONTRACT Mayor Bridgeman recognized) Mr. Matt Bernhardt, Director of] Public Works & Utilities for this Mr. Bernhardt stated this item is for renewal of the Municipal Maintenance Traffic. Agreements with the North Carolina Department of Transportation (DOT) for the maintenance of the traffic control devices, signs and markings, etc., within the City that are on DOT streets that signals, are within the city of Gastonia. Mr. Bernhardt stated we have 143 signalized intersections, 130 of which belong to the DOT and those are the ones that we maintain. The contract amount is for $240,000 a year. Mr. Bernhardt noted that on occasion we have exceeded that and the DOTI has paidi it. Mr. Bernhardt also stated that this contract is actually for the current fiscal year 2015/16 because thel DOT restarted thej process whichi means the agreement got to us much] later; therefore, itis for this current fiscal year thati is ending and wel have $205,000 worth of expense through this fiscal year and we really needt to get al bill to them. Mr. Bernhardt recommended adoption oft this Mr. Bernhardt answered questions of Council, both concerning the contract. and other signage and Councilman Gallagher madea ai motion thatt the City doa at traffic study ont the traffic light at] Hoffman and Robinwood Road to encourage the DOT to take action. Mayor Pro Tem Pierceall seconded Mayor Pro Tem Pierceall made a motion to approve the Municipal Maintenance Traffic Agreements with NC Department of Transportation for the fiscal year 2015/16. Councilman presentation. agreement so that we can sendt this bill. traffici issues raised by members of Council. the motion and Council approved it unanimously. Gallagher seconded the motion and Council approved it unanimously. -155- Page 156 Page 156 REGULAR COUNCIL MEETING- April5.2016 (Reference as contained in] Exhibit Book 4t tol Minute Book 105 at] Page 81.) FACIITIESNANAGEMENT COMMITTEE REPORT Mayor Bridgeman recognized Councilman David Kirlin, Chairman, for this presentation. Councilman Kirlinj presented the Faclities/Management Committee report from their meeting on Tuesday, March 22, 2016. He stated this report is for information only. Councilman Kirlin reviewed the monthly financials for the Conference Center as contained in the attached exhibit. Councilman Kirlin noted thet total revenue forecast for April, 2016i is forecast at $83,434.00 which would be the Conference Center's highest month ever which is incredible with aj projected net income of $21,000.00. March is facing al loss but Easter and Spring Break fell into March this year. Councilman Kirlin notedt that. Jerry Durkee, Director of Sales fort the Conference Center was Councilman Gallagher askedi ifit was possiblet to geta as spotlight int the Conference Center SO when there is a speaker there they can shine it on the speaker sol he could be seen. Jerry Durkee stated that some. lighting updates are being done and he would checki into the spotlight. Mayor Pro Teml Pierceall statedt that Kristy Crisp sends out ai monthly: newsletter that gives updates about whati it going on att the Conference Center and! he noted that. Jerry and Mr. Nolen andt the rest of thes staffa are doing ani incredible job. Mayor Pro" Tem Pierceall stated that it was definitely the right decision when they hired this company, the numbers show it, and although the facility is Councilman Kellogg stated he was ata and event] last Friday and one oft thej presenters there was from out of town and she made a point of specifically saying how impressed she was with the Conference Center. Councilman Kelloggj just wanted to sharet that there are people who come from Councilman Kirlin also noted the Cityi is pursuing acquisition of property at 209 W. Fifth Avenue present and could answer any questions. getting older, it has never looked better. out oft town and really appreciate the facility that wel have. (water tank property atl Loray Mill). (Reference as contained in Exhibit Book 4t tol Minute! Book 105 atl Page 82.) Mayor Bridgeman recognized City Attorey, L. Ashley Smith, for this presentation. Mr. L. Ashley Smith, City Attorney, referenced the revisions to the City Charter that were discussed at a prior council meeting and stated Representative Bumgardner is willing to run the Bill for us and it is standard protocol to pass a Resolution. Mr. Smith noted the vote on the Resolution has tol be unanimous from the City Council. Mr. Smith stated that Senator Harrington suggested that we have aj public hearing even though it is not required, so if there are inquiries from the General Assembly in] Raleigh, she andi the Delegation can say that there was public input. Mr. Smith stated that he has drafted a notice and if the Council will by motion direct it to be published he willt take care ofit. Mr. Smith stated that the notice will say that revisions are being considered to the Charter and you can call, email or go on the City's website to see what the specific things are changed because there are sO1 manyi iti isi impossible to summarize them all in an ad. Mr. Smith requested ai motion to schedule that public hearing for the next meeting and the Mayor Pro Tem Pierceall made the motion to schedule the public hearing for the next meeting. Councilman Kellogg seconded the motion and Council approvedi it unanimously. In response to an inquiry from Mayor Pro Tem Pierceall about current language in the Charter which the current draft says the Council may appoint one or more Assistant City Attorneys, Mr. Smith and Mr. Munn answered various questions from Council. Much discussion ensued. CITY ATTORNEY'S! REPORT Resolution will also be on the agenda. 156- Page 157 Page 157 REGULAR COUNCILI MEETING- April 15,2016 Councilman Gallagher made ai motion that the language int the Charter saying that the Council has the ability to hire the Assistant City Attorney remain in the Charter. Mayor Pro Tem Pierceall After further discussion, ther motion passed 4-3. Councilman Kirlin, Councilman Humphries and Mr. Smith stated he would take that sentence out and then next week the vote that Council takes on the revised Resolution willi need to be unanimous. This revision willl be what is reflected on the City's website, and he will send a revised a copy to Senator Harrington and Representative Councilman Humphries asked ift the next Resolution will be all inclusive of the changes and Mr. seconded the motion. Mayor Bridgeman voting against. Bumgardner. Smith replied yes. CIYMAMAGERSREPORT Mayor Bridgeman recognized Mr. Edl Munn, City Manager for his report. Mr. Munn statedt that att the Budget Outlook meeting wel had a discussion oft the solid waste charges and one of the things discussed was if we had a separate charge for a second container for residential service and we said wel knew we charged fort the container but we weren'tso sure ifwe were charging a: monthly fee. As it turned out we are charging a monthly fee and it is the same amount, soi if youl have two containers, you pay $8.00 under the current system. When we went through that process, we ended up saying that the second container would be $3.501 however the current rules are $4.00. Mr. Munn stated he is informing the Council of that and just for clarification going forward do you want tol leave ita at $4.00 or do you want tol leave it at $3.50. Mayor Pro Tem Pierceall askedi ifv we needed a motion or would the motion come wheni iti isi ini the budget. Mr. Munn stated that we didi itl before as ai motion of direction and the real action is during thea approval oft thel budget but would Councill liket us to construct the budget using the $4.00 as we Mayor Bridgeman asked for Mr. Munn's 's recommendation. Mr. Munn stated that $6.50 for the first cart and $4.001 for the second cart andt that is what they are currently paying so couldj just leave ita asi itis. It was the consensus of the Council that the budget be drafted with the Mr. Munn's Mr. Munn discussed the large commercial development with Crescent and Harris Development proposed for Mecklenburg County. This may be very significant for Mecklenburg County and may be significant for usi ift there is al bridge connection. Mr. Munn noted how important al int that area could be for botht traffic congestion mitigation as well as economic development. bridge Mr. Munn noted that we willl be working with the City of Charlotte and all the other officials there as Mr. Munn stated! he went tot thel Hilton Garden groundbreaking today and the Cityi is excited to see havei iti now. recommendation. that develops. that moving forward. CITYCOUNCIL REPORTS Councilman Humphries distributed a handout which is hereby incorporated into the exhibits. Councilman Humphries would like to have the Council's blessing to present this to the County Commissioners on the 26th of April. Councilman Humphries stated he has spoken to them previously and asked foral lot ofmoney for all thes school students to go to the Planetarium and However, after speaking with Mr. Tony Paysour at the Museum I was enlightened and what I am now requesting from the County is $20,000.00 annually which will afford every gth grade student a trip to the Museum every year and will include one planetarium show which is selectable by the teacher. There are currently over 2,400 8th grade students ini the Gaston County Museum. the -157- Page 158 Page 158 REGULAR COUNCIL: MEETING- April5 5,2016 schools. Councilman Humphries stated he was going tol keep pursuing the County for this funding because he thinks it is very important. Councilman Humphries noted that he does not need a decision tonight but at the next meeting if he could get the Council's approval to represent this He also requested that everyone keep the military and families in their prayers and wished them body that would be great. back home safely. (Reference as contained in] Exhibit Book 4t tol Minute Book 105 at Page 83.) Councilman McAteer had no report att this time. callst to get all the support we can for thisi issue. Mayor Pro Tem Pierceall discussed the MPO prioritization process for the possible new bridges across the Catawba from Mecklenburg County. Heu urged eachi member of Council to make phone Mayor Pro Tem Pierceall said he has as statement he would like to make, and it is his personal opinion and iti is not coming from the Council. He cannot speak fort the Council and the City, but hel has been asked multiple times about the law recently passed by the North Carolina Legislature whichi isl known asl HB2, also what has become known as the Bathroom Bill. This legislation was enactedi ini response to a city ordinance passed by the city of Charlotte. Mayor Pro Tem Pierceall The first is the interference of the NC Legislature in Local Authority. The purpose of having municipalities ist to give local control to the people. We elect our city leaders as we see fitt tol help structure our daily lives andt toi form ag government that reflects the citizenship. The representatives inl Raleighi may not agree orl like thei individuality ofits cities andt towns, but to try and legislate an entire state in order to reflect their personal beliefs is wrong and contradicts the very principle this country was founded on. Gastonia and its residents should let our elected representatives know that we do nota approve oft thea action or any similar legislation that they have been SO quick to enact. The Mayor Pro Tem stated that the second reason he wants to address HB2 is because of the rhetoric from the controlling party in Raleigh that this was necessary to protect the citizens of North Carolina. They have createda a whole campaigni in order toi mislead peoplei into thinking this was strictly and only about bathrooms. Ifthey felts sO strongly about safety of thel bathrooms, then there are methods and actions available tot them toi remedy that situation. Instead they have made into law sweeping changes that strip specific citizens of our states oft their rights and denies many others of any avenue to rectify discrimination. The LGBT community, women, African- Americans, Latinos and even veterans, and many of our citizens are left with only the Federal courts as their only option to pursue justice. Even many in our faith based communities that applauded this action at first by our Legislature are negatively affected and they are being told differently. They have yett toi realize that they tool have very little to noj protection. The Governor and the Legislative leadership should be ashamed of the campaign of misinformation in their ignorance of the actions they have taken. North Carolina is a wonderful place to live and work. Ours state has enjoyed a fantastic reputation as being the only progressive southern state. We were leaders in education, tourism and job creation. We were a can-do state that attracted new investment in things such as thriving technology and medical research. Charlotte, the Triangle, our coastal towns, Asheville and Hickory, all could boast of being leaders and offered a unique andj pleasant environment in which tol live and work, places you wanted to raise a family. With one shadowy, dangerously rushed and poorly thought out piece of legislations, our elected leaders inl Raleigh have stripped its citizens of all of this. On a daily basis we now hear of companies, businesses and even tourist organizations that are crossing North Carolina off of their list. They are not coming. They have refused to come. They know that a society that promotes discrimination is not one in which they wisht to do business or spend their money. Our economy was on1 the rebound. North Carolina was poised tol become a globall leader once again and almost overnight that has been destroyed and yet so much more. The citizens of Gastonia need to read feels compelled to speak out against this Bill for several reasons. - 158- Page 159 Page 159 REGULARCOUNCI: MEETING- April5,2016 and fully understand the destructive actions by our Legislature and let them know that HB2 is harming our state and harming our citizens. It is not merely a Bathroom Bill. Itis a part ofa greater campaign tol bleach ands sterilize our state ofall unique qualities that have historically made us great. Itis ane effort toi mold an entire state intot thei ideas ofonlya a few. Itisi not acceptable and itis most definitely not who we are. The Mayor Pro Tem thanked the Council for their patience Councilman Gallagher stated that he went to the unveiling of the Planetarium on April 17h andi it was fantastic and encouraged everyone to go see it noting that it was incredible for adults and He stated he met with the people who are in charge of Akers Center and it doesn't look like the owneri is goingt tol bei investing muchi into Akers Center. Ithink hei is going tol be looking to selli it. Ithink that is goingt to take place in about a year or sO. Conns and Gabe's are there and they are doing ai finej job along with Ollie's and wej just hope some good things come from that. Councilman Gallagher also met with Doug Luckett from Caromont who is looking tol help us out with our healthcare and he also spoke about the Clinic. He would like to get involved with our Wellness and he is going to attend one of our future community meetings as well. Mayor Pro Tem Pierceall inquired if he had mentioned anything about working with the and Councilman Gallagher replied that with Art Space they would be leasing 1200 square feet county and said that if we teamed up with the County, he may have to look for more space there or rent a Councilman Kirlin stated he had a chance to chat with Mr. Jim Morasso from Webb Custom Kitchen andl he again thanks the council fort their support for his vision and hisi idea. He stated Mr. Morrasso is extremely pleased with the progress of the restaurant and the sales and getting so far. Councilman Pierceall stated that one night he was unable to get a reservation. Councilman Kirlin noted that he also discussed potentially other restaurant possibilities too sot that was very encouraging tol hear that too. Ifanyone has been there and would liket to write a1 review on' Trip Advisor or Yelpt thati is a good source for reviews andj people look at those so ifyoul have been there and enjoyed it take ai minute to do that for the restaurant because The othert thing tor note: ist that Mr. Bobl Morgan, President and CEO ofthe Charlotte Chamber, was at our Rotary Club meeting and of coursel he spoke of all the wonderful thingst that are Charlotte but the one thing that caught my attention was with regard to what they are going doing with light rail andt their] Lynx linel North and South andl how much response they have received fromt the Northern line which is going to be about twelve miles long up to the University Campus and it prompts me tol have the visioning that the Council needs to think about how we can set the and start conversations again with Charlotte. Councilman Kirlin stated that he knows we stage are a long way off but he thinks there is going tol be potential at some point in time for light rail from heret to Charlotte and he thinks we need to be thinking about that and looking at long range plans for that. Wel have a multi-modal transportation center planned here and] he thinks that needs tol be reviewed. Hel knows there are certain time tables on some oft the initial studies that were done that are good for as specific period oftime, and! he wouldl liket to direct Staffj just toi maket thati information available to us. He knows there are a couple of council members who have not seen oft because he thinks that was before they came on council sot thatt they have an understanding any ofv what that could bel here int the future. Councilman Kirlin doesn't want us tol lose sight of that, and thinks we Councilman Kellogg stated hel had thej privilege of attending the Diversified Business Professional Association Awards banquet andi it was a great event held at Gaston College and Ithink iti is at testament tos see people who had a vision to: formt that business association and I am happy really Ihad the opportunity to attend. He also had the opportunity to speak with the Downtown Gastonia Merchant Association this morning andi iti is always great tos see andl hear what ideas and concerns ina allowing him to read that statement, and that concluded his report. children. building downtown. are downtown activity they for we needt to do whatever we cant toj promote downtown. oni in need tol keep that on1 radar screen. -159- Page 160 Page 160 REGULAR COUNCILMEETING-/ April5,2016 they might have especially since our downtown is at such ap pivotal point right now. Itis growing andi moving forward and he was really glad to speak with them. Councilman Kellogg also stated how impressed he was with the overwhelming community response meeting we had recently, especially our city Police and Fire Chiefs, because they both have been very helpful getting information tol him ands supplying him with anything requested tol help bring this event about. The community response was very overwhelming. There were so many people there that we had to bringi ine extra chairs. Some oft those present were professionals and law enforcement but there was alarge number of concerned citizens who were concerned aboutt their neighborhoods and they had legitimate concerns andi issues for our city and many cities across the nation that are dealing with this] particular issue. Hel has spoken with our city staff, and he would like toj propose some type of resolution of support toj join the effort that is already going on at the county level. Our county police chief has stepped up to the plate some time ago and has been working on some ideas. Councilman Kellogg knows our Police and Fire Chiefs have beeni involved with that as well, and he would liket tos see the City formally come around and perhaps even have one ofthosei individuals represent us, just go to those meetings and] keep us briefed as far as what is happening and what wei may be ablet to dot tol help them andt thati is something that he would like tol bring forward at our Mayor Bridgeman stated he would like to step back to Councilman Kirlin's remarks about the transportation multi-modal hub. In an earlier conversation he had mentioned al letter from Mayor Scott Neisler, Kings Mountain and he has mentioned that we are all hearing so much about the traffic parking lot on 85 and the Amtrak runs from Raleigh to Charlotte, and he said ifit would continue and stopi in Gastonia and possibly Kings Mountain and then end up in Shelby and turn around and gol backt that! he wouldl lovet tol be ablet tor ridet thet train from] Kings Mountain to Charlotte or tol Raleigh sol hei is] pursuing that. As he stated, the tracks are there and there is already a depot and wej just needt to utilize what wel havel here and no one will argue about the traffic situation. next: meeting. ADJOURNMENT Mayor Pro Tem] Pierceall: madea ai motion to adjourn at 7:30 p.m. E - nley Smith, City/Attorney SEAL ShLAny 2 Sherry H.J Dulaway, City Avaaay rc040516 160-