GASTONIA CITY COUNCIL MEETING NOVEMBER 17,2015- - 6:001 P.M.  GASTON COUNTY COURTHOUSE PUBLIC FORUM: ROOM-GASTONIA, NC  EXHIBIT PAGE NUMBER  ITEM A: PRAYER - Councilman Dave Kirlin  ITEM B: PLEDGEOF ALLEGIANCE- - Mayor John D. Bridgeman  ITEM C: ITEM D: ITEM E:  ADOPTION OF THE AGENDA APPROVAL OF THEMINUTES (1) Regular Council Meeting - October 20, 2015 PRESENTATIONS (1) Mayor John Bridgeman.. Mr. Jack Bradshaw  E1  Re: Service Recognition of Gastonia Planning Commissioner PUBLICI EXPRESSION: EACH. PERSON IS LIMITEDTOATOTAL  ITEM F:  OF FIVEMINUTES SPEAKINGTIME  CONSENT AGENDA  ITEM 1:  BUDGET. AMENDMENTHEYI6-011-$5.00. at the Police Firearms & Training Facility.) BUDGET. AMENDMENT#FYIG-007-53.035391 (Electric Substation Construction and Funding Plan) TRAFFIC ORDINANCE- STOP SIGNS. PRESENTATION: Mr. Rusty Bost, City Engineer BUDGET AMENDMENT: #FY16-014-$6.482 Insurance Proceeds from Damaged Traffic Signal)  (Recognizing funds received from Gaston College for 2015 & 2016 for grounds maintenance services at their classroom facility on City property  ITEM 2: ITEM 3: ITEM 4:  (Revenue Recognition and Approval of Budget Amendment to Transfer  REGULAR, AGENDA  ITEM 5:  APPOINTMENT OF CITY CLERKS. City Clerk, Sherry H. Dunaway Deputy City Clerk, Candice Owenby PRESENTATION: Mayor. John D. Bridgeman  ITEM6:  PUBLICI HEARING & RESOLUTION TO CLOSE Al PORTION TOF. PRESENTATION: Mr. L. Ashley Smith, City Attorney  FORESTDRIVE  -1-    GASTONIA CITY COUNCIL MEETING NOVEMBER 17,2015- 6:00P.M.  GASTON COUNTY COURTHOUSE: PUBLIC FORUM ROOM- GASTONIA, NC  EXHIBITPAGE' NUMBER  ITEM 7:  ITEMS FOR PHASE IIC OF THE WTP RENOVATION PROJECT.  Resolution accepting $301 M: DWSRF Loan Approval ofl Budget Amendment #16-010 Approval of CMAR Contract Amendment  Approval of] Resolution to Award Amended CMAR Contract  PRESENTATION: Mr. Matt Bernhardt, Director of Public Works and Utilities ORDER AUTHORIZING THE SALEAND: ISSUANCE: BYT THE CITY. OF GASTONIA. NC OF ITS COMBINED UTILITIES SYSTEM REVENUE BONDS SERIES 2015 AND AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS IN  Mr. Keith Garbrick, P.E., Pease/LaBella Associates  ITEM 8:  CONNECTION AMENDMENT Approval of] Bond Order Approval of] Budget Amendment  THEREWITH AND ASSOCIATED BUDGET  PRESENTATION: Ms. Melody Braddy, Director of Financial Services SHORT ANDLONG TERM LANDI MANAGEMENT PLAN PRESENTATION: Mr. Dale Denton, Public Works Division Manager  ITEM 9:  DUHARTO CREEK CONSERVATION. AREA.  Mr. Robert Cloninger, Utility Stormwater Administator  ITEM IO: AUDIT-BIDS INSURANCE COMMITTEE REPORT.  10  Audit Results and Annual Financial Report PRESENTATION: Councilman Dave Kirlin, Chairman  Mr. Matt Braswell, Audit Manager Martin Starnes & Associates, CPA'S, P.A.  ITEM 11: ACITTISMANAGMENT COMMITTEE MEETING REPORT.  11 12 13 4  PRESENTATION: Mayor Pro Tem Brenda B. Craig, Chairman PRESENTATION: Councilman. James Gallagher, Chairman PRESENTATION: Councilman Walt Kimble, Chairman  ITEM12: PUBLICSAFETY COMMITTEE MEETING REPORT. ITEM13: TRANSPORTATION COMMITTEE REPORT.  ITEM: 14: CENTRAL CITYREVITALIZATION ANDI HOUSING.  COMMITTEE REPORT  PRESENTATION: Councilman Todd Pierceall    GASTONIA CITY COUNCIL MEETING NOVEMBER 17,2015- = 6:00 P.M.  GASTON COUNTY COURTHOUSE PUBLIC: FORUM ROOM-GASTONIA, NC  EXHIBITPAGE' NUMBER  ITEM15: CITYATTORNEY'SI REPORT ITEM16: CITYN MANAGER'S) REPORT ITEM17: CITYCOUNCILREPORIS ITEM18: ANNOUNCEMENTS  PRESENTATION: Mr.I 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  SERVICEI USERS WITHIN 721 HOURS OF THE: MEETING/HEARING.  Ag111715  -3-        Page 55  Page 55  GASTONIA CITY COUNCIL MEETING OCTOBER: 20, 2015- - 6:00 P.M.  GASTON COUNTY COURTHOUSE PUBLIC FORUM ROOM- GASTONIA.NC Mayor Bridgeman called the meeting to order at 6:00 p.m. on Tuesday, October 20, 2015, in the Gaston County Courthouse Public Forum Room, Gastonia, North Carolina. Mayor Bridgeman stated that The Honorable Judge Ralph Gingles passed away this week. Judge Gingles served as a Chief District Court Judge for Gaston County, and he lived in Gastonia all his life. On behalf Mayor Pro Tem Craig then opened the meeting with prayer and Mayor Bridgeman led the audience in the Pledge of Allegiance to the flag. Ms. Regina W. Phillips, Deputy City Clerk,  oft the City, thel Mayor sends deepest condolences to Judge Gingles' family.  recorded the minutes.  PRESENT: Mayor John D. Bridgeman  Mayor Pro Tem Brenda B. Craig Council Memibers: Walter A. Kimble  David R. Kirlin James Gallagher Todd Pierceall Porter L. McAteer  City Manager Edward C. Munn City Attorney L. Ashley Smith  ABSENT: None  ADOPTION OF THE AGENDA  Councilman McAteer made a motion to adopt the agenda as printed. Councilman Kimble APPROVAL OF TERUTB-NCIAECINCL MEETING - OCTOBER6,2015 Councilman McAteer made a motion to approve the minutes of the October 6, 2015, Regular Council meeting as printed. Councilman Kirlin seconded the motion and Council approved it  seconded the motion and Council approved it unanimously.  unanimously.  AWARDS. CEREMONIES. ANDI PROMOTIONS COMMITTEE  (1)Proclamation' Recognizing Mr. Michal Smolen for Tireless Dedication tol his Sport and for Mayor Bridgeman recognized Councilman Kirlin for the purpose of making the presentation. Councilman Kirlin read and presented to Mr. Michal Smolen al Proclamation recognizing him for tireless dedication1 to his sport and his world-class skill and sportsmanship, and wishing him well on his efforts to become aj part oft the USA Olympic Team in thel Rio de. Janeiro 2016 Olympics. Dr. Kirlin asked ifMr. Smolen would like to address the audience. Mr. Smolen stated it was an honor to receive recognition from the City of Gastonia and to represent Gastonia, the state, and the nation. Mr. Smolen expressed his appreciation for our support as he prepares for the  his World-Class Skill and Sportsmanship  Olympic Games.  (Reference as contained inl Exhibit Book 2t tol Minute Book 105 at Page 39.)  Before the presentations, the Mayor requested that Council, Mr. Munn, and Mr. Smith to join him at the podium. Thel Mayor stated that Ms. Jenny Creighton, City Clerk, came to work at the City of Gastonia 26 years ago. Ms. Creighton has done ai remarkable job and has been an asset  -55-    Page 56  Page 56  REGULARCOUNCILMEETING- OCTOBER 20,2015  to the City. Mayor Bridgeman requested that Ms. Creighton join him at the podium, and he presented her with at token of appreciation. Ms. Creighton expressed her thanks to the Mayor,  Council, Mr. Munn and Mr. Smith.  PRESENTATIONS (1) Mayor. Johnl D. Bridgeman  Re: Letter Congratulating Mr. Timothy W. Norris, II on his Accomplishment of Eagle Scout Mayor Bridgeman read andj presented to Mr. Timothy W. Norris, II, a letter congratulating him on! his accomplishment of Eagle Scout. Mr. Norris's project was tol build a horse shelter at Bit of Hope Ranch. Mr. Norris belongs to Troop 19 from' Trinity United Methodist Church. (Reference as contained: inl Exhibit Book 2 tol Minute Book 105 at] Page 40.)  (2) Mayor John D. Bridgeman  Re: Letter Congratulating Mr. Harrison J. Greer onl his Accomplishment of Eagle Scout The Mayor then read and presented Mr. Harrison J. Greer a letter congratulating him on his accomplishment of Eagle Scout. Mr. Greer's project was landscaping work at Forest Heights Elementary School. Mr. Greer belongs to Troop 19: from Trinity United Methodist Church. (Reference as contained in Exhibit Book 2t tol Minute Book 105 at Page 41.)  (2)N Ms. Farrah Brackett, Gastonia Christmas Parade Chairman  Re: Request for In-Kind Services - Gastonia Christmas Parade - December 6, 2015 Mayor Bridgeman recognized Ms. Brackett, Chair of the Gastonia Christmas Parade for 2015, and Mr. Chris Ashley, Chair of the Gastonia Christmas Parade from 2014. Mr. Ashley advised that the date of Gastonia Christmas Parade is December 6, 2015. Mr. Ashley stated that last year, the Parade was moved to Main Avenue, and the Gastonia Jaycees have received a lot of Councilman Pierçeall asked Mr. Ashley if this would be the same as last year, and Mr. Ashley replied in the affirmative. Councilman Pierceall made a motion that the City of Gastonia grant the request from the Gastonia Jaycees to provide in-kind services for the Gastonia Christmas Parade on December 6, 2015. Councilman Kimble seconded the motion, and the Council Mayor Bridgeman thanked Ms. Brackett and Mr. Ashley and expressed his appreciation for their  positive feedback about having the Parade on) Main. Avenue.  approved it unanimously. efforts on the Christmas Parade.  (Reference as contained in Exhibit Book 21 to Minute Book 105 at Page 42.)  PUBLIC EXPRESSION (1) Mr. Randy Kistler,2807 Kennedy Road  Mr. Kistler stated that there an article in the newspaper supporting a new baseball stadium along with the different locations that are being considered. Mr. Kistler advised that he differs about there being support for this, and he thinks that there will be heavy opposition. The City cannot afford it, and there is not a need for a new baseball stadium. In June and July of this year, the Gaston County Forum Room was full of City Police Officers requesting a pay increase. This year, due to the pay freeze and low numbers of police officers, the Sniper Conference was cancelled. The City has invested in several projects that have not succeeded. The Police Department should be compensated for the work they do and the sacrifices they make.  -56-    Page 57  Page 57  REGULAR COIACINEINS-GCTONR 20, 2015  (2) Mr. Don Barkley, 3101 Whitson Road  Mr. Barkley stated he had three topics of discussion. Mr. Barkley stated he recently read an article in the Gaston Gazette about Firestone, specifically the mill village, and he was reminded about the people involved with the Thread Trail. Mr. Barkley stated he was opposed to the presentation from City and Gaston County regarding condemnation. Both entities stated they would not use condemnation procedures. However, the City voted for condemnations. The City must have support to take these houses at Firestone and give them to a developer. He stated that Mr. Munn said several months ago he would let us know about this. Mr. Barkley stated he is wondering about the condemnation for the greenway, and the Council vote was 3-3. Mayor Stultz broke the tie. Mr. Barkley requested that Mr. Munn advise him of the position of the City or the position of each Council member on this subject. Mr. Barkley expressed his thanks to  Council. ITEM 1: ITEM 2: ITEM 3: ITEM 4:  CONSENT/ AGENDA  BUDGET AMENDMENT: #FY16-009-9 $2.614  (Reference as contained inl Exhibit Book 2t tol Minute Book 105 at] Page 43.) RESOLUTION SETTING PUBLIC HEARING DATE ON CLOSING A (Reference as contained inl Exhibit Book 2t tol Minute Book 105 at Page 44.) FINAL RECORDING PLAT - SPENCER MOUNTAIN VILLAGE. PHASE 2 (Reference as contained in Exhibit Book 2 tol Minute Book 105 atl Page 45.) STATEAIDTO. AIRPORTSBLOCK GRANT AGREEMENT BETWEEN THE CITY OF GASTONIA AND THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION - GASTONIA MUNICIPAL AIRPORI/RESOLUIION AUTHORIZING CITY MANAGER TO EXECUTE THE GRANT (Reference as contained in Exhibit Book 21 to Minute Book 105 at] Page 46.)  PORTION OF FOREST DRIVE  MAP2  AGREEMENT  Councilman Gallagher made a motion to approve the Consent Agenda. Councilman Kirlin REQUEST FORI FUNDINGOF GASTON COUNTY CHILDREN'S, ADVOCACY CENTER. (This item was continued from the June 16, 2015, City Council meeting in order for additional Mayor Bridgeman recognized Ms. Dottie Scher, Executive Director, Prevent Child Abuse Ms. Scher provided ant update ont the CAC. Ms. Scher stated that since the beginning of the year, Prevent Child Abuse Gaston has now) provided services to 137 children. It has also submitted an application for accreditation from the National Children's Alliance. We have attended training from the Child Advocacy Center's Symposium for Abused and Neglected Children. Ms. Scher stated that 10 members of the Multi-Disciplinary Team attended the symposium. The CAC has averaged about eight interviews a week since school has started. A need is definitely there fora Councilman Kimble asked what the timeline would be now that the accreditation application has Ms. Scher stated after about a month the CAC should be notified of any necessary modifications. A site visit datel has been scheduled for March 9, 2016. Ifthe CAC passes the site visit, it would  seconded the motion, and the Council approved the motion unanimously.  DIVISIONOF: PREVENT CHILD ABUSE GASTON, INC.  information to be provided.)  Gaston, Inc., for the purpose ofi making the presentation.  full-time forensic interviewer.  been submitted tot the National Children's Alliance.  -57-    Page 58  Page 58  REGULAR COUNCIL: MEETING OCTOBER: 20, 2015  be presented att the next board meeting in June, 2016. This timeline is normal for the National Councilman Kimble asked ift the CAC has received any funding from Gaston County in 2015. Ms. Scher replied that Gaston County has committed $10,000 a year for five years, but no funds Councilman Kimble asked ifa any funds had been received from any other government entities. Ms. Scher advised that the Governor's Crime Commission has awarded the CAC a grant; however, itisa ar reimbursable grant, meaning the funds have to be expended up front. Councilman Gallagher asked Ms. Scher ifs she had requested funds from other city councils and if Ms. Scher stated that she has gone to Gaston County; however, she has not gone to other city councils to ask for funding at this time. Ms. Scher stated she has been extremely busy completing the accreditation application; however, she plans to do sO. She stated that the CACis Mayor Pro Tem Craig requested tol know the total amount of the four grants that Ms. Scher has applied for and if the Governor's Crime Commission grant was included in those four. If sO, Ms. Scher advised they have been awarded approximately $5,700 from the Community Foundation for equipment; approximately $1,800 from Wells Fargo for equipment; al Blumenthal Grant for almost $25,000 for a part-time prevention specialist and a part-time office manager, training equipment, and operating costs (rent, utilities, phone, internet); and approximately Councilman Pierceall expressed his thanks to Ms. Scher for her hard work and dedication. He stated that it is troubling to see that the CAC is serving more children; however, it is somewhat reassuring to know that the CAC is there to provide the children with what they need. Councilman Pierceall stated the funding the CAC is requesting would be a five-year commitment. He asked if there are similar forensic interviewers with the Gaston County Ms. Scher stated there are seven peopled trained as forensic interviewers, three of them are full- time forensic investigators with the Department of Social Services. Ms. Brandi Miller, an investigator, has done about 34% of the interviews at the CAC this year. One of the investigators is a Gaston County detective, and one is Gastonia detective. Ms. Sherry Rhinehart from Lincoln County CAC, and Ms. Emily Miller, forensic interviewer, come from thel Lincoln Councilman Pierceall stated he wants to understand structure of the CAC. If there a child that needs advocacy services, is CAC providing a service that the Department of Social Services Ms. Scher advised the CAC provides audio and video taping facilities, makes referrals for medical exams and mental health services. The cases are discussed and reviewed on the first and third Wednesdays at the CAC. Ms. Scher stated the CAC is able to come up with a more comprehensive plan for the families. This system has been proven to be very effective across the Councilman Pierceall asked that once the court case is concluded, what the CAC does after a  Children's Alliance.  have been received.  the CACisan non-profit.  a501@G)non-profit.  how much would that total?  $15,000 from the Glenn Foundation whichi is being used for operations.  Department of Social Services.  County when necessary.  wouldn'totherwise receive?  company. resolution.  -58-    Page 59  Page 59  REGULAR COUNCILI MEETING- OCTOBER: 20,2015  Ms. Scher advised they stay int touch withi families. Once thej process is over, the police step out. IfDSS isi involved, they provide case managers. The CAC works with the families, andt the CAC makes ourselves available all through the prosecution process. The CAC calls the families and follows up with them until they feel it is no longer necessary. Ms. Scher then addressed Councilman McAteer asked Ms. Scheri if any government agencies fund the CAC.  additional questions.  Ms. Scher stated that the Lincoln County Coalition Against Child Abuse supports the CAC. Also, the Lincoln County Coalition Against Child Abuse rents the property from Lincoln County, andt the CAC pays Lincoln County a minimal amount for rent. Ms. Scher also stated the Councilman McAteer asked in what respect. Ms. Scher stated she is told that Lincoln County Mayor Pro Tem Craig thanked Ms. Scher for answering the questions and noted the structure of the CAC is complicated. She asked if there are other partners in that could be approached for Mayor Pro Tem Craig asked Ms. Scher why the numbers from the hospital were not provided. Ms. Scher stated that those numbers were not provided to the Council. Ms. Scher stated she is going to approach Mr. Doug Luckett with CaroMont Regional Medical Center and Mr. Gene Matthews with the Cannon Belk Foundation to solicit support. Also, Ms. Scher stated she would got tot the City of Belmont, possibly Cherryville, and other jurisdictions to solicit support. Councilman Kirlin expressed his gratitude to Ms. Scher for all she does with the CAC. Councilman Kirlin stated therei is a strong need for thes services the CAC provides; however, the Council represents the citizens, andi iti is Council's responsibility to decide the best way to use the taxpayers' money. At times, Gastonia is called upon to step forward to do good things, like a charitable contribution for adoption services, and other 501(c)(3) organizations. The citizens that livei inside the City pay County taxes as well, which supports programs like the CAC. Ms. Scher stated that 25% oft their clients are: from the City of Gastonia.  Town ofL Lincolnton supports the CAC.  provides the CAC1 financial support and assists them with events.  financial support. Ms. Scher stated that the hospital is very supportive.  Councilman Kirlin stated that although there are many citizens within the City limits of Gastonia that utilize the CAC's services, the CAC is truly a County-based activity. Gastonia City residents also pay Gaston County taxes. The City would like to support the CAC as County Councilman Kimble stated he understands that 25% of the CAC's clients are from the City of Gastonia, and there are also other 501(c)(3) organizations that would like to have funding provided from the City. Councilman: Kimble asked Mr. Munn ift this is something that the Police Mr. Munn stated thisi is a very good idea, and he wille explore this with the Police Foundation. Councilman Pierceall stated the City could be a conduit to obtain funding for the CAC, for example, revenue from forfeitures. The City Manager can look into some funding sources to determine what the City could legally provide, as long as it is not tax dollars. Any sources of Mayor Pro Tem Craig made a motion that this item be tabled until the City Manager has an opportunity to obtain information regarding funding sources; determine ifthere are other partners that could possibly fund this position in the CAC for a year or two; and, additionally, ensure this  citizens.  Foundation could make aj part of their fundraising.  funding would have tol be sustainable for five years.  isac county-wide collaboration for the children in Gaston County.  -59-    Page 60  Page 60  REGULARCOUNCI: MEETING- OCTOBER 20,2015  Councilman Pierceall suggested the motion reflect that this item willi notl be tabled; that it will be brought back tot the next council meeting onl November 17h, with Mr. Munn's findings. Mr. Munn stated he would be glad toi report back at the next Council: meeting.  Councilman Pierceall seconded the motion.  Councilman Kimble requested that Mr. Munn do the following: (1.) Contact supervisory personnel in the Police Foundation to see ift they are interested in assisting the CAC; (2.). Askif they would accept the CAC moving forward each year to earmark funds for the CAC. Councilman Gallagher asked Ms. Scher about the structure of the Multi-Disciplinary Team Ms. Scher advised the Multi-Disciplinary Team does not oversee the CAC. The Board of Directors is responsible for overseeing the CAC. The Multi-Disciplinary Team is a part of the CAC. Thel Multit-Disciplinary Team consists of members of all 12 municipal police departments, including the sheriff's office, representatives from CaroMont Regional Medical Center, mental health agencies, Juvenile Justice Departments, Dr. Shaunese Singleton, with CaroMont Pediatric Partners, who performs medical exams, and the Assistant District Attorneys. These members represent all of disciplines who are involved in each child's case, whether it goes to court or not. Councilman Gallagher asked Mr. Munn to invite thel Multi-Disciplinary Team to attend the next Ms. Scher invited Mayor and Council to drop by the CAC anytime to see what they do. The vote to approve the motion to bring this back to City Council on November 17, 2015, was Mayor Bridgeman invited Ms. Scher back onl November 17th for next Council meeting to discuss the findings. Ms. Scher stated she will come back to the City Council meeting on the next City Ms. Scher stated that to further answer an earlier question, the CAC was awarded a $14,000 grant for new audio/video equipment from the Southern Regional Children's Advocacy Center. These funds have not yet been received. This equipment will not be placed in current location,  (MDT).  Thel Multi-Disciplinary Teami is aj part oft the CAC. Council meeting on November 17h.  Councilman Gallagher advised they will call to make an appointment.  unammous.  Council meeting scheduled for November 17h, 2015.  as the CACi is searing for ar new location.  (Reference as contained in Exhibit Book 21 tol Minute Book 105 at Page 47.)  NEW OUTDOOR RENTALIGITINOOFTONS  Mayor Bridgeman recognized Mr. Michael Peoples, Director of Enterprise Services, for the Mr. Peoples stated he appreciates the opportunity to discuss LED lighting. Mr. Peoples stated he was impressed with Scout Troop 19's patience while sitting through the Council Meeting. Mr. Peoples expressed his thanks tol Mr. Gary Lutz, Mr. Ron Gaff, and Mr. Richard Myers for their hard work in getting this plan together. The Electric Department has been working hard on the implementation OfLED lighting across the City, mainly in street lighting on Myrtle very School Road, Franklin Boulevard, and some lights are on South] New Hope Road. Replacements will continue as funding is available. There are over 70,000 rental lights in the system in Gastonia. This equals over $1,000,000 in revenue. Mr. Peoples explained different types of light that are throughout the City. LED is new technology, and LED lighting is becoming more and  purpose of making the presentation.  -60-    Page 61  Page 61  REGULARCOUNCILMEETING - OCTOBER: 20,2015  more affordable. We would like to convert all the City's lights tol LEDI lighting. LED lights cut energy consumption in half, the color is more light natural light, glare is almost nonexistent, upward lighting pollution is reduced, and usually, the manufacturer's warranty is about ten years, The Electric Department recommends approval of offering LED lighting to replace the High Pressure Sodium and Metal Halide lighting and approval oft the rate schedule effective December This is something we can do at no cost to the customer. The Rate of Return is high due to the energy savings, even though the light fixtures cost more. Sample lighting has been installed at Councilman Pierceall thanked Mr. Peoples for the informational packet. After five years, we are looking at significant savings, and this will become a revenue generator for the City in larger capacity than what we. have now. The cost of operating these lights is reduced, but the payments Councilman Pierceall made a motion to approve the offering of LED lighting and the rate Mayor Pro Tem Craig stated that LED lighting is becoming much more affordable. The prices for LED lights have dropped because they are sO effective and efficient. Public and private sector business and organizations are using them more. Also, having a LED security light in the Councilman Kimble stated that in mid-spring, there was a case study that bears this out. Car dealerships are moving to this LED lighting. In al little over a year, this dealership was able to pay for their conversion costs and reduced man hours oft replacing bulbs. In car dealerships, that means moving cars. LED lights are a brighter light and provide better illumination capabilities Councilman Gallagher referred to page 6-5 of the Agenda regarding decorative lighting for Mr. Peoples stated the decorative lighting fixtures will be online, and the program will be  which: means less maintenance for the City.  1,2015.  MOC SO customers can see these before they make a decision toj purchase.  remain the same.  schedule included! int the Agenda. Councilman Kimble seconded the motion.  back yard would be much better thant the old lights.  than what wel have now.  outdoor rentals. He asked if customers can purchase these online.  implemented onl Decemberl 1,2015. The Council approved this motion unanimously.  (Reference as containedi inl Exhibit Book 21 tol Minute Book 105 at] Page 48.)  RENEWAL OF WATER. AND SEWER UTILITY AGREEMENT BETWEEN THE CITYOF Mayor Bridgeman recognized Mr. Matt Bernhardt, Director of Public Works and Utilities, for Mr. Bernhardt addressed the Council and stated iti is aj pleasure to bring a very positive agenda item, which is the renewal of a partnership between Town of Ranlo and City of Gastonia. Gastonia has al bulk service agreement to provide water and wastewater service to the Town of Ranlo, and the agreement is set to expire next year. The only change to the agreement was slightly increasing the maximum capacity of the sewer. The Town of Ranlo is the second largest water customer and the fourth largest wastewater customer for Gastonia. The agreement was drawn up by the City of Gastonia legal staff, and it was reviewed by Ranlo's legal counsel  GASTONIA. AND THE TOWN OF RANLO  thej purpose of making thej presentation.  and approved by the Board of Commissioners.  -61-    Page 62  Page 62  REGULARCOUNCILI MEETING OCTOBER 20.2015  Councilman Pierceall motioned that the Water and Sewer Service Agreement between the City ofG Gastonia andt the Town of Ranlo be approved. Councilman Kimble seconded the motion. Mayor Pro Tem Craig clarified that the terms of the Agreement increased from 20 years to 25 Mr. Bernhardt stated in the affirmative andt that the terms have been increased to 25 years, which Councilman Gallagher asked ift there are any problems within the sewer pipes that you see on the Mr. Bernhardt stated the City is currently working with the Smyre Community that is actually in an area inside the Ranlo city limits, but is served by a water system connected by Ranlo's system. At Ranlo's request, we are working with them to convert customers to our system sO Ranlo can close out that operation. Itisa a $400,000 project, and the City is doing this inj phases. There are about 120 customers that would be affected. It is a good partnership working with The Council voted unanimously to accept the motion to approve the Water and Sewer Service  years. is very positive. horizon.  Ranlo to eradicate the old lines andi move customers tot the new system. Agreement between the City of Gastonia and Town of] Ranlo.  (Reference as contained in Exhibit Book 2t tol Minute Book 105 at Page 49.)  RESOLUIIONDESIGNAINGDETECTVEADAMWILSON, AS THE OFFICIALOF THE CITY OF GASTONIA CONCERNINGI MAKINGI RECOMMERDATOANSIOTHE, ABC Mayor Bridgeman recognized Mr. Robert Helton, Gastonia Police Chief, for the purpose of making the presentation. Chief Helton recognized Detective Adam Wilson, who is replacing Sergeant Aaron Wurster as the ABC Officer. Detective Wilson has been a Street Crimes Officer for the last several years. Additionally, Chief Helton stated he would be remiss if he didn't recognize Sergeant Aaron Wurster. Throughout his tenure, he has been a mentor to businesses and has provided them with guidance tol help them be in compliance. Sergeant Wurster was just recently promoted to Sergeant and has graciously agreed to serve as a back-up to Detective Wilson. We would like to recognize Sergeant Wurster for the great job he has done for the last Councilman Pierceall welcomed Detective Wilson and expressed his thanks to Sergeant Wurster. Sergeant Wurster goes the extra step to educate the downtown businesses to ensure they are compliant. Thank you for explaining everything to these businesses and for all you have done. Councilman Kimble stated that on behalf of the ABC board, he would like to thank Sergeant Wurster. His accessibility has been an asset. Sergeant Wurster always returns phone calls, and Councilman Pierceall motioned to accept the Resolution Designating Detective Adani Wilson as the Official of the City of Gastonia concerning Making Recommendations to the ABC Commission Concerning ABCI Permits. Councilman Kimble seconded the motion. The Council (Reference and Resolution as containedi in Exhibit Book 2t tol Minute Book 105 atl Page 50.)  COMMISSION CONCERNING. ABC PERMITS  five years.  Wel look forward to working withl Detective Wilson in the future.  hea always has the necessary information.  approved this motion unanimously.  -62-    Page 63  Page 63  REGULAR COUNCIL: MEETENG OCTOBER: 20,2015 ACLITIESMAMAGEMENT COMMITTEE MEETING REPORT  Mayor Bridgeman recognized Mayor Pro Tem Craig, Chairman of the Faclities/Management ITEM1: Mayor Pro Tem Craig advised City has reçeived an offer from Preservation North Carolina (PNC) to purchase a City-owned lot at 336 S. Vance Street in the amount of $6,000. This property is located in the Loray Mill Village National Register History District (Loray District). PNC currently owns another house in the Loray District which must be removed from its current location. Since the house is a contributing structure to the Loray District's historic status, PNC would like to move the house to 336 S. Vance Street. This would allow the house to remain in thel Loray District as a contributing structure, and it can be renovated to increase and Mayor Pro Tem Craig stated the Committee recommends that the property on 336 S. Vance Street be sold at private sale to PNC for the sum of $6,000, subject to restrictions in the resolution. If approved, a notice summarizing the contents of the resolution will be published one time, and the closing on the sale oft the property will not take place for at least ten days after the publication date. Mayor Pro Tem Craig asked Mr. Smith if the property would have to go Mr. Smith replied that the property does not go up for upset bid; however, the resolution has to be published one time and the notice has to be advertised for ten days before closing. Ms. Craig Mayor Pro Tem Craig made a motion to accept the offer from Preservation North Carolina to purchase a vacant City-owned lot located at 336 S. Vance Street for $6,000. Councilman Kirlin seconded the motion. The Council unanimously approved to accept the motion. ITEM2: Mayor Pro Tem Craig stated the next item on the Facilities Management Agenda was an update from Mr. Michael Nolan on the Gastonia Conference Center operations. The financials for the Gastonia Conference Center will be available at the next Facilities Management Committee meeting. Also attending the meeting was Mr. Noel Murphy with Councilman Kirlin asked ift there was any availability for the holidays. Mr. Nolan stated yes, and that only one customer didi noti return from last year. Also, Ms. Lauren Braxton was retained by  Committee, for thep purpose of making thej presentation.  improve the available! housing in the district.  through the upset bid process.  noted that the Committee voted unanimously (3-0) to approve the resolution.  Culinaire.  Culinarie, and Mr.. Jerry Durkee was hired.  Councilman Kirlin asked! Mr. Nolan to explain the sales blitz.  Mr. Nolan stated that around the middle of November or the first of December, that Mr. David Wood, with Culinaire, Ms. Braxton and Mr. Durkee, along with regional sales team members, will gather at the Gastonia Conference Center and make calls to customers from the last five Councilman Gallagher expressed his thanks to Mr. Nolan for providing catering services at the Mayor Bridgeman stated he has talked to a lot of people, and the Rotary Club is very satisfied. Mr. Nolan stated they are pleased during this first month of operations. Ms. Kristy Crisp and Mr. Vernon Scott with the City of Gastonia have both been very helpful during this transition. Culinaire is looking forward to making the Gastonia Conference Center a great venue and  years as well as prospective customers to generate future business. Power Week Celebration on October 9th at] Eastridge Mall. Mayor Bridgeman inquiredi ifCulinaire was pleased.  partnering with the City.  -63-    Page 64  Page 64  REGULAR COUNCILMEETING- OCTOBER 20. 2015  Councilman Kirlin stated the City made al boldi move in switching management in the last several years. Some people who aren't informed think we aren't doing a very good job in this realm. Councilman Kirlin asked that Mr. Nolan and Mr. Murphy to provide some background and Mr. Murphy advised they work out of Charlotte, however, the corporate headquarters is based in Dallas, Texas. Culinaire brings in functions that were formerly outsourced. Also, the financials for the first month of operations are in the process of being finalized at this time. Culinaire Mayor Pro Tem Craig expressed her appreciation for Culinaire retaining Ms. Lauren Braxton.  insight on their organization.  brings al lot of experience and resources. Thel Faclities/Management Report was concluded.  (Reference as contained in] Exhibit Book 2t tol Minute Book 105 at Page51.)  PUBLIC SAFETY COMMITTEE) MEETINGR REPORT  Mayor Bridgeman recognized Councilman Gallagher, Chairman oft the Public Safety Committee, ITEM 1: Councilman Gallagher presented information on the Consolidated Public Safety System. An Interlocal Governmental Agreement was established with Gaston County and the City of Gastonia in 1998. In2 2012, the agreement was renewed for ten years. The components of the system were discussed including: the network core, radio core, application core, mobile computing, internet and email, computing peripherals and desktop software, support and perpetuation, dispatch services, and costs, which are shared by all participating agencies. Also, the Committee discussed Gastonia's 800 MHz system. Gastonia Police and Fire Departments have had 800 MHz for several years now, and they are very pleased with the system. However, Gaston County does not have a unanimous interest inj providing 8001 MHz. Mayor Pro Tem Craig requested to go on record that Gaston County needs to provide 800 MHz communications which would make communications between the County and City more Gaston County operates the Dispatch System, and the City oversees computer support. It was noted that the City's Public Safety Answering Point (PSAP), by virtue of the Interlocal, was turned over to the County. All911 surcharge funds are distributed to Gaston County. ITEM2: Chief Phil Welch provided information on the recruitment and hiring practiçes of the Gastonia Fire Department. Chief Welch stated the Fire Department has al Recruiting Task Force which goes to colleges, universities, job fairs and other events for recruitment purposes. However, most of the candidates are obtained from the City's online website and by word of mouth. Before a candidate can be considered for aj position, they must pass four tests: Career Readiness Certificate, Candidate Physical Agility Test, Panel Interview, and Chief's interview. All of the requirements are provided in detail on the City's website. After meeting all the requirements, a hiring list is compiled, usually in June. Also, Chief Welch advised ofa. Junior Firefighter group at Hunter Huss High School. Councilman Gallagher thanked Chief Welch for Chief Rob Helton provided information on the recruitment and hiring practices of the Gastonia Police Department. Chief Helton stated that the Police Department has recruiters who visit colleges, universities, and attend community meetings for recruitment purposes. Most of the candidates are obtained from the City website and by word of mouth. Usually, the hiring process takes from four to six weeks. The candidate goes to a post review board and is interviewed by Chief Helton. After the candidate is hired, they attend basic law enforcement training for 16 weeks and PTO training for 14 weeks. Chief Helton advised that the process seems lengthy; however, it is ai necessary process. This is a time where each party can evaluate  for thej purpose ofmaking the presentation.  consistent and efficient.  providing this toj prospective high school students.  the other.  -64-    Page 65  Page 65  REGULARCOUNCIL MEETING- OCTOBER 20,2015  Currently, there are 12 vacancies in the Police Department, with 146 officers on the street. Six Candidates will finish rookie school December, 2, 2015. They will then begin the PTO process Chairman Gallagher spoke to the fact that Gastonia does not require their police officers tol have af four-year degree. Chief Helton stated even though four-year degrees are not required, he Chief Helton stated that on October 23, 2015, at 9:00 a.m., the Police Department will conducta "House of Worship Safety and Security Seminar" at Gastonia First Assembly on Myrtle School Road. Also, "Shop with a Cop" will be coming soon. On November 3, 2015, the City of Councilman Kimble asked Mr. Munn to reference the copy of Pride Magazine that he had given him several weeks ago. Charlotte-Mecklemburg has advertisements for Public Safety vacancies int the magazine, and Councilman Kimble had recommended to the City Manager that this needs Mr. Munn stated that the recruiting advertisements will be included in the magazine during the winter months with circulation in the northern states. The idea of coming to work in Gastonia Councilman Gallagher stated the recruitment team travels to the places such as the CIAA Tournament and Johnson & Wales University. Also several recruits have come from the Police Chief Helton advised the Police Explorer Program is a branch of the Boy Scouts of America is for young men and women ages 14-18. The programs allows these young people tol have hands- on experience with the Police Department and can help determine ift they would be interested in pursuing a career in law enforcement. The Police Explorer Program has produced a number of Councilman Gallagher asked where someone can go to find out about the Police Explorer Chief Helton stated it is on the Police Department's website, or they can call the Police ITEM 3: Mayor Pro Tem Craig inquired as to the status of the market survey of Fire Department pay rates. Mr. Larry Wood informed the Committee that Human Resources has been conducting the: surveys. Staffwill provide recommendations at the next Committee meeting. The Committee requested that a meeting bel held ini four weeks or five weeks and at that time for stafft toj provide ai report on the proposed market adjustments for the Fire Department. Councilman Gallagher concluded the Public Safety Committee Report. (Reference as contained in Exhibit Book 2t tol Minute Book 105 at Page 52.)  with ane expected release datei in April.  encourages candidates to have four-year degrees and toi further their education.  Gastonia willl host K-91 trials at the Gastonia! Municipal Airport.  tol be donei in order to diversify departments.  andt the good weather in our community should be a good aspect.  Explorer Program.  the City's officers, including Chief Travis Brittain.  Program.  Department regarding the Explorer Program.  CITY ATTORNEY'S) REPORT  Mr.1 L. Ashley Smith, City Attorney, extended his best wishes tol Ms. Creighton and thanked her  for all shel has done.  CIYMANAGERSREPORI  Mr. Edward C. Munn, City Manager, thanked Ms. Creighton for all the years of service to the Thel Public Power Week program that the Electric Department put on at Eastridge Mall was top notch. Mr. Munn stated he also appreciated the support from Gastonia Conference Center at the  City of Gastoma.  -65-    Page 66  Page 66  REGULARCOUNCILMEETING- OCTOBER 20. 2015  event. The demonstrations were very interesting and educational, especially regarding the dangers of electricity and the effects of a squirrel at a substation. The program was held during Mr. Munn said he was pleased to announce that the City of Gastonia recently had two bond upgrades by Fitch and Moody's. It has been al long time that the City's bond ratings have been increased. This is an indication that the City is credit worthy, and the City is doing a good job. Mr. Munn referenced al handout on what al higher bond rating means to the City in dollars and cents. For example, the $22,000,000 bond issue that the City currently has for the water plant, A new bus shelter was installed at Bradford Heights. Each year, the City looks at various locations in the City and tries to determine the best place for a bus shelter. The City partners Mr. Munn stated that he and the Mayor received a letter from Mr. Richard Hancock, Project Development and Environment Analysis Manager, on October 12, 2015, stating that NCDOT is moving ahead to widen I-85 from Mecklenburg County to US321. The City prefers that the project extend to Highway 74. NCDOT will begin engineering studies now, and they are asking for any input tol be submitted by November 27, 2015. If you have questions, we will send them to the State in the very beginning. A companion project would be four lanes in each direction. NCDOT is planning to have intelligent transportation planning that would include signs which would inform drivers of traffic conditions all the way through. Also, they are considering the addition of traffic lights to on-ramps. The right-of-way funding is for 2022 and 2023. Also, construction funding is for 2024 and 2025. These projects will tend to slip over time, which is common, for example, the intersection ofUS321 was supposed tol have been done in 2015. Councilman Pierceall stated that the information you are: requesting is just on the environmental Mr. Munn replied in the affirmative; however, if you have any ideas, bring them so those ideas could be considered. If you have concerns about the project, put forward the questions and suggestions now. What is done on I-85 is very important to the City as this is an economic Councilman Kimble brought up an issue that was discussed earlier at a Transportation Committee meeting, which Representative Bumgardner attended, there was a subcomponent project to widen I-85 North to the Cox Road exit. Hopefully, this would be integrated into this project. The room is there, and it would alleviate the holiday traffic. It would probably ease the numerous rear-end collisions often experienced there by providing as secondary dedicated lane. Mr. Munn stated the secondary lane will be under construction before that and will be done earlier than this project. This will be in the Cox Road study which will be discussed in the Mayor Bridgeman commented that as short time after receiving the letter, he traveled on I-85 and noted the heavy traffic going toward Charlotte and the cars parked on the exit ramps in an attempt to get off I-85. The Mayor stated there is a great need for another bridge across the Catawba River. Charlotte City Council is voting on a new complex in the Steele Creek area. Additional developments are under construction on South Point Road in Belmont. All of this Mr. Munn advised the MPO project called Catawba Crossings would cross the Catawba River and South Fork River and would take the road from Charlotte tol New Hope Road. That corridor is critically important to be able to get to the intermodal facility and airport. There is a groundbreaking this Friday at the Tech Park for another facility there, a Brazilian Company, and they are building there because of the interstate and the connectivity to the Greenville-  Public Power Week, and we are very proud of our Electric Department.  with the new ratings would lower that debt by $140,000. with the federal government on the cost of the shelter.  study, correct?  corridor.  upcoming Transportation Committee meeting.  creates even more traffic, and something needs tol be done.  -66-    Page 67 to our citizens.  Page 67  REGULARCOUNCILI MEETING- OCTOBER20,2015  Spartanburg area. As much as the City can help promote this economic engine, it provides jobs Councilman Kirlin stated it would be beneficial if the state could build park and ride lots right off of the interstate, and possibly include parking garages and bus service. Our future needs for public transportation should bes something explored heavily through this widening.  CITYCOUNCILREPORIS  Mayor Pro Tem Craig expressed her thanks tol Ms. Creighton for all shel has done, especially how helpful Ms. Creighton was when she first started on the City Council. Mayor Pro Tem Craig stated that on Saturday, October 24, 2015, that she and herl husband, Mr. Sidney Craig, will have Councilman McAteer thanked Ms. Creighton for all the years ofs service to the City of Gastonia. Councilman Pierceall extended his sincere thanks tol Ms. Creighton for everything she has done. Councilman Pierceall expressed best wishes to Councilman Kimble and Mayor Pro Tem Craig. He also thanked the citizens groups that participate and get involved in the election process. He expressed his thanks to the following groups who have invited the candidates to speak: Greater Gaston Tea Party, Gaston Democratic Party, Sherwood Community Watch, African-American Concerned Men of Highland, Gardner Park, held on the same night as Council meeting. These groups opened their doors and invited candidates in. Also, he expressed thanks to Firestone Grill, Lucky Samurai, and Butler Art Studios which allowed him to hold a "Talk of the Town" meeting. Councilman Pierceall referred to Mr. Kistler's comment regarding al ball park for the Councilman Kirlin advised there have been informal discussions by citizens who are interested inp promoting the possibility ofa ball park. Mr. Munn has been in on the discussions; however, this is every early. There is noj projected time table, no funding sources, and conceptually itisa great idea. The public is not well informed on this subject; however, all talks are preliminary. Up to this point, this subject has never been on a report to the RAC, sO you can see how prematurei iti isi in the discussion phase. When the process does start, it would involve private and Councilman Gallagher thanked Ms. Creighton for all she has done and wished her enjoyment for her life of leisure. Councilman Gallagher thanked Mr. Peoples for the electrical display at Eastridge Mall that that it was excellent. Councilman Gallagher represented Gastonia at the 100- year celebration in Cramerton. Councilman Gallagher then asked if this Council ever instituteda Mr. Munn said this Council started gently with bonuses the first two years. For last two years, the City has raised pay. This past year was a 3% % average increase embedded into pay. The City established the highest percentage for the lowest employee pay to help those with lower incomes. When a hard recession hits the cities, the city employees, rate payers, and taxpayers are all affected. Also, this was a long recession. Gastonia is coming out of the recession, and times Councilman Gallagher stated the Council has instituted no freeze, and we have helped the Councilman Kirlin stated that Ms. Creighton is a wonderful person and a quite soldier, supporting every Mayor and Manager, dependable, kind, and most of all professional. We want yout to come back. Take 30 days and come back to a part-time position. Best of luck. this next chapter of your lifei is full of wonderful meaningful experiences.  been married for 56 years.  He also thanked Mr. Peoples for a great electrical program atl Eastridge Mall.  Grizzlies, and! he asked ift the City was involved.  public input.  pay freeze since 2011.  are getting better. employees with! pay.  Ihope  -67-    Page 68  Page 68  REGULARCOUNCILMEETING- OCTOBER2 20,2015  Councilman Kimble stated Ms. Creighton always did it with a smile, and you can't stump Ms. Creighton on a question. Councilman Kimble wanted to do a shout out to Mr. Charlie Craig from the restored Sinclair station. Mr. Craig's car show to benefit Cancer Services of Gaston County got rained out; however, he did a fantastic job raising money. It is Breast Cancer Awareness Month. Also, this month is National Cyber Security Awareness Month. Mr. Kimble also asked City Attorney Smith with all ofr ride-share groups like Uber and Lyft, are we seeing any new regulatory actions that you could share, should that be on an upcoming Transportation Mr. Smith stated he would be glad to include it on the next Transportation Committee meeting if necessary. There was comprehensive legislation approved by the General Assembly this last session. Materials should be forthcoming to understand how to enforce this legislation. Councilman Kimble stated that Mr. Graham Bell came to the last City Council meeting during the public comment period. Can we get that transcribed in entirety from Public Expression for Mr. Munn stated that Mr. Bell primarily was describing the extension to the Garden Parkway, which goes from I-85 going north near Thornburg Road toward US321. It has always been part of the thoroughfare plan. We can get thati information, and we willl have the maps at the meeting. Mayor Bridgeman stated! he would echo everything about Ms. Creighton that everyone else did. Mayor Bridgeman advised the Greater Gaston Development Corporation met in Belmont last week. Attendees came from regional areas, like Mecklenburg County and Union County. The question was asked for a show of hands of people who drove by themselves. Approximately 90 percent oft the attendees raised their hands, which is a good point after what we have talked about  Committee agenda?  the next Transportation Committee meeting?  Also, Mr. Bell will be at the meeting.  tonight. Also, congratulations to the Gastonia' Panthers with a 5-01 record!  MEETING ADJOURNED  Mayor Bridgeman adjourned the meeting at 8:30p.m.  Mayor John D. Bridgeman  L.A Ashley Smith, City. Attorney  Regina W. Phillips, Deputy City Clerk  rc102015  -68-    MEMORANDUM  DATE: TO: FROM:  November 04, 2015  Mayor, City Council, and City Managet Jason' Thompson, AICP, Planning Director  SUBJECT: Appointment of Ward 65 Seat oft the Gastonia Planning Commission Mr. Jack Bradshaw, the cuttent Planning Commissioner, serving as 6seat, has informed stafft that he is tesigning and will not be able to Chairman, serve the his term on the Commission duet to other petsonal obligations. Thet term of office temainder for of 6wille expire on June 30, 2017. A new member would fill the remaining term of this seat. Ward At their October 8, 2015 meeting the Gastonia Planning Commission voted to recommend Ify youl have any questions or wish to discuss this mattet, please contact me at 704-854-6629.  for the Ward  tot the City Council that Pamela Goode and Bob Cinq-Mars be appointed  Chait oft the commission tespectively.  as Chair and Vice-  EXHIBIT E1-1    MEMORANDUM  DATE: TO: FROM:  October 30,2 2015 EdI Munn, City Manager Larry Wood, Assistant City Manager Mayor/Council  Chuck Dellinger, Parks & Cultural Services Director  SUBJECT: Budget Amendment for November 17 Council Agenda  The attached budget amendment recognizes revenue: received into the General Fund Skeet Range revenue account (10-632-336000) and assigns those funds to the General Fund Skeet Range Maintenance tol Buildings & Grounds expenditure account (110-632-15000). The funds totaling $5,000 are received from Gaston College and are for maintenance services and materials for 2015 and 2016 supplied by the City Recreation Department to their classroom facility grounds att the Police Department's Firearms and Training Facility aspart of Agreement # 20120026, Article VI, Section 6.2. We respectfully request these. funds be recognized in the FY 2016 budget and made available for departmental expenditure toj purchase the necessary. materials toj provide the agreed upon services.  Thank you for your consideration oft this matter.  EXHIBIT 1-1    City of Gastonia Budget. Amendment  Budget Dept Amendment#  CBF 16-011  ADDITIONALFUNDS (Councila approves) TRANSFERS: BETWEEN: FUNDS (Councilapprove) COUNCIL: MEETING DATE:  November 17, 2015 Account) Number 110-632-15000 110-632-336000  ForBudget Use Only Existing Budget $2,500 $0  Increase (Decrease)  Account) Description Recreation Skeet/Trap Range Maintenance- Bldg & Grounds Reimbursement: for Services  Revised Budget  $5,000 $5,000  $7,500 $5,000  Doest thisa amendmenta adverselyi impact youro operation? IrYes- Whatist thei impact?  Yes  No  REASONFORA ADJUSIMENT SIGNATURES DATE 4/4is APPROVALS PATE Mans  Tor recognizef funds from Gaston College forg grounds maintenance: services.  ORIGINATO CTY  APERARIMENTI HEAD CrTY COUNCIL  DATE 45 DATE  Mloadoy  RE  EXHIBIT 1-2    MEMORANDUM  DATE: TO: FROM:  November 5, 2015 Edward C. Munn, City Manager  Michael C. Peoples, Director of Enterprise Services  SUBJECT: Electric Substation Construction and Funding Plan  History  The City of Gastonia Electric Department has been planning the construction ofa new electric substation at the Gastonia Technology Park for several years. The need for increased and redundancy is a direct effect of the success experienced at the Tech Park. There capacity are two underground electric circuits entering the park currently from the nearby Rankin Lake (Station #16). One circuit is solely dedicated to the Prime Power Park and the other circuit Substation serves the CTL and Owens Corning businesses. Lanxess, Owens Corning, and CTL are electric loads to warrant their own dedicated electric circuit. Constructing a new large substation enough directly adjacent to the Prime Power Park will allow the electric department to route individual service lines to each building. In addition, the new substation will  other goals as  follows:  accomplish  Relieve existing load on Rankin Lake Substation (Station #16), currently at 80% Load Willl have a separate 1001 KVi feed from Duke which willl be ai redundant source of electric Dedicated circuits will help eliminate nuisance blinks on current Technology Park  Capacity.  for the industrial loadi in this area.  customers when system faults occur on Rankin Lake Substation. Will allowi for future growth in the surrounding area.  Timeline  Thel Electric Department is currently working with ElectriCities and Gaston County to the property transfer and with Duke Energy to secure the necessary easements for the complete delivery point. The City is also processing an easement from CTL to allow for transmission line and future distribution exit circuits. The City is processing a minor routing subdivision of the through the Planning Department and the City also will seek approval from the architectural review committee for design of the substation. Southeastern performing the design work on the substation. The Stormwater Control permit and Engineering erosion and sedimentation plan have both been approved by Gaston County and NCDENR. The work construction and bidding of materials is currently scheduled for December grading/site current timeline ist tol have the new: substation energized by the end of2 2016.  County's is 2015. The  Financing  The cost estimate for the construction of the substation at the Gastonia Technical Park $3,500,000. Staffrecommends the following formula: for financing this capital project:  is  $3,035,391 (or the entirety of the amount in the account at the time of Council approval oft the proposed budget amendment) from Fund 337, Electric Power Agency Settlement Fund. The Electric Power Agency Settlement Fund was established in 2007 to account for a settlement between Duke Energy and NCMPA 1 for overcharges in maintenance costs at Catawba Nuclear Plant. The City received $1,354,500 for four consecutively for at total of $5,418,000. These funds have been used for and also to extend the phase out of tier 1 and tier 2 discounts. These capital projects  years funds are not  reserved: for a specific purpose.  EXHIBIT 2-1    $500,000 (or a reduced amount based on available funds in. Fund 337) from Fund 478 Electric Capital Projects Fund. Each year, the Council approves a set amount of funding to go towards Capital Expenditures. Over the past few years this fund has grown duet toa stagnant economy ands slow development patterns. The Capital Projects Fund will remain  solvent with this transfer off funds.  Recommendation  The Electric Department's recommendation is to approve the attached budget amendment move forward with the construction of Substation #17 att the Gastonia Technology Park.  and  EXHIBIT 2-2    City of Gastonia Budget Amendment  BudgetI Dept Amendment#  CBF 16-007  ADDITIONAL: FUNDS (Councila approves) TRANSFERS) BETWEEN: FUNDS (Councila approves) COUNCIL MEETINGDATE:  November 17, 2015 Account Number 337-660-399000 337-990-91478 478-990-397337 478-844-73010  For Budget Use Only Existing Budget  Account) Description Power Agency Settlement Non-Departmental Fund Balance Appropriated Transfer between Funds Transfer tol Electric Capital Projects Electric Capital Projects Transfer betweeni funds Transi from Power Agency Settlement New Techl Park Substation Utility Systeml Improvements  Increase (Decrease) $3,035,391 $3,035,391 $3,035,391 $3,035,391  Revised Budget $3,035,391 $3,035,391 $3,035,391 $3,046,261  $0 $0 $0 $10,870  Doest thisa amendment adverselyi impact your operation? IFYes- Whati ist thei impact?  Yes  No  REASONFORA ADJUSTMENT  To appropriate fidb balancei in the Power. Agency Settlement Fund andt transfer tot the Electric Capital Projects! Fundt to cover expenses relatedtothe  construction ofs substation# #17atthe Gastonial Technology) Park  SIGNATURES DATE Igalasl APPROVALS Mhd  DRIGI Tp E CITYD MANACI  DEPARTMENT) HEAD Muag CITY COUNCIL  Padtogs  DATE  3  EXHIBIT 2-3    MEMORANDUM  DATE: TO: FROM:  October 23,2015 EdN Munn, City Manager  Rusty Bost, PE, Director of Engineering/City Engineer  SUBJECT: Item for November 17, 2015 City Council Agenda  TRAFFIC ORDINANCE- STOPSIGNS establishing ordinances: for stop signs is appropriate. Therefore, iti is recommended that:  The Village at Parkside Subdivision Phase 2 Map 2 has been under construction and new residents willl be moving in int the near future. The progress oft this project is at a point where  Appendix A (to Chapter 6), Section 6A-5, "Stop Intersections", be revised by adding  thereto:  STOPSTREET Port Richmond Avenue  APPROACH North  MAINSTREET Schenley Avenue  (Presentation: Rusty Bost) hhBt RUSTYBOSI, PE Director of Enginering/City: Engineer  EXHIBIT 3-1    ORDINANCE. AMENDING CHAPTER 6, APPENDIXA OF THE CODE OF ORDINANCES OF THE CITY OF GASTONIA (STREETLISTS] FOR TRAFFIC. ANDI PARKING. REGULATIONS) ITI IS HEREBY ORDAINED that Appendix At to Chapter 6 oft the Code of Ordinances 1. Appendix A (to Chapter 6), Section 6A-5, "Stop Intersections", be revised by  oft the City of Gastonia is amended tor read as follows:  adding thereto:  STOPSTREET Port Richmond Avenue  APPROACH North  MAINSTREET Schenley. Avenue  Adopted this the 17th day ofl November, 2015.  John D. Bridgeman, Mayor  ATTEST: City Clerk  EXHIBIT 3-2    #      m  IT  EXHIBIT 3-3    JASTONIA Great. Place. Great. People. Great Promise.  NC  MEMORANDUM  Date: To: Thru: From:: Subject:  November 9,2015 Ed Munn, City Manager  Flip Bombardier, Assistant City Manager, Public Infrastructure Matt] Bernhardt, Director of Public Works and Uatiafks Item for November 17,2015 City Council Agenda  REVENUE RECOGNITION, AND AFFROVALBUDGET AMENDMENTH! 16-014  Ont the following date and location, the 8-phase traffic signal cabinet was damaged  beyond repair due to a vehicle accident:  July29,2015 - Chester Street and Franklin Boulevard Since then, thei insurance companies oft ther responsible parties have been invoiced and reimbursed the City of Gastonia in the amount of $6,482 for this loss. At thist time, we arei requesting thatt the insurance proceeds be transferred from the Traffic Operations revenue account 110-559-33600 to Traffic Operations expenditure account  110-559-16010.  RECOMMENDATION:  Iti is therefore recommended that the attached budget amendment to transfer funds from Traffic Operations account 110-559-33600 into account 110-559-16010 in the  amount of $6,482 be approved.  Matt Bernhardt. Attachment  Director of] Public Works and Utilities  EXHIBIT 4-1    City of Gastonia Budget. Amendment  BudgetDept Amendment#  CBF 16-014  ADDITIONAL FUNDS (Coueilapprove) TRANSFERS: BETWEEN FUNDS (Counelapproyes) COUNCILI MEETING DATE:  November 17,2015 Account) Number 110-559-16010 110-559-336000  ForBudgetUse Only Existing Budget $60,700 $10,000  Account) Description Public Works Traffic Services MaintRepair-Roads & Utility Reimbursement: for Services  Increase (Decrease)  Revised Budget $67,182 $16,482  $6,482 $6,482  Doest this amendmenta adverselyi impact youro operation? IFYes- Whatist thei impact?  Yes  No  REASONE FORADJUSTMENT SIGNATURES DATE APPROVALS DATE  Recognizer reimbursement; for damaget to8 8-phaset traffic signal cabinet duet to vehicle accident.  ORIGIYATOR MAN Crry  DEPARTMENT; HEAD CITY COUNCIL  DATE Mgis DATE  Ml mudyodoys  dT1  EXHIBIT 4-2    STATE OFI NORTH CAROLINA COUNTYOF GASTON CITYOF GASTONIA  OATH OF OFFICE  "I, SHERRY H. DUNAWAY, do solemnly swear that I will support and maintain the Constitution and laws of the United States and the Constitution and laws of North Carolina not inconsistent therewith, and that I will faithfully discharge the duties of my office as the City Clerk of the City of  Gastonia, sol help me God."  Subscribed and sworn before me this  day of  2015.  My Commission Expires:  EXHIBIT 5-1    STATE OFI NORTH CAROLINA COUNTYOF GASTON CITY OF GASTONIA  OATHOFOFFICE  "I, CANDICE OWENBY, do solemnly swear that I will support and maintain the Constitution and laws of the United States and the Constitution and laws of North Carolina not inconsistent therewith, and that I will faithfully discharge the duties of my office as the Deputy City Clerk of the  City of Gastonia, sol help me God."  Subscribed ands sworn before: me this  day of  2015.  My Commission Expires:  EXHIBIT 5-2    MEMORANDUM  TO: FROM: DATE: RE:  MAYOR AND CITY COUNCIL L.A ASHLEY SMITH, CITY ATTORNEY  NOVEMBER 9, 2015  PUBLIC HEARING ON AND ADOPTION OF RESOLUTION  CLOSING A PORTION OF FOREST DRIVE  Pursuant to N.C.G.S. Section 160A-299, Christopher T. Carbuto, PE, Project Manager for the Avon/Catawba Greenway Resforation/Relocation Project for the City of Gastonia, has petitioned the City to undedicate a Staff has no objections to the closing of a Portion of Forest Drive. Iti is recommended that Council approve the attached Resolution to close a  Portion of Forest Drive (map attached). Portion of Forest Drive as described.  Attotnéy  A  Att.  mem004  EXHIBIT 6-1    DRAWNE BY & MAIL TO: CITY OF GASTONIA LEGAL DEPARTMENT, MELISSAA.N MAGEE,  ASSISTANTCITYATTVATTORNEYRODE BOX#22  RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF GASTONIA, NORTH CAROLINA TO CLOSE AI PORTION OF FOREST DRIVE  THAT WHEREAS, Christopher T. Carbuto, PE, and Project Manager for the Avon/Catawba Greenway Resforation/Relocation Project for the City of Gastonia, North Carolina, has requested that the City Council of the City of Gastonia, North Carolina, withdraw from dedication A Portion of Forest Drive, pursuant to Section 160A-299 of the General Statutes of North Carolina; and 2015, establish a public hearing for November 17, 2015,  WHEREAS, pursuant to said Request, the City Council did on October 20, WHEREAS, it appears that City of Gastonia and Gaston Properties, Inc., are the owners of the real property which adjoins the street to be closed and that the public hearing has been properly advertised by publishing the notice for four (4) successive weeks in the Gaston Gazette and, further, by prominently posting copies of the notice of the public hearing in at least two places along the portion WHEREAS, pursuant to said notice duly given, a public meeting of the City Council of the City of Gastonia, North Carolina, was held at 6:00 p.m. on the 17th day of November, 2015, in the Harley Gaston Public Forum Room in the Gaston County Courthouse, Gastonia, North Carolina, to consider the request for WHEREAS, it appears to the satisfaction of the City Council of the City of Gastonia, that the closing of A Portion of Forest Drive as described of the Intent to Close of the City Council dated October 20th, 2015, is not contrary to the public interest, and that no individual owning property in the vicinity of the street would thereby be deprived of a reasonable means of ingress and egress to their property by reason of the closing of the described street; and WHEREAS, it appears to the satisfaction of the City Council of the City of Gastonia, North Carolina, that all the requirements of law have been with pertaining to the closing of said alleyway described herein; and fully NOW, THEREFORE, BE IT RESOLVED, that pursuant to Section 160A- 299 of the General Statutes of North Carolina, A Portion of Forest Drive shall be and the same is hereby closed and withdrawn from public dedication and BEGINNING at an iron set (#4 rebar) on the western right of way line of Forest Drive at a point where said right of way line intersects with an extension of southern right of way line of Haygood Boulevard, said iron also being located the S 63-07-40 E a grid distance of 9,568.45 feet from NCGS monument "T: 251" and having a N.C. grid coordinates of: N = 553,199.57 feet and E = 1,351,761.55  Resolution to  consider  by  the request as proposed; and  oft the street to be closed; and  the closing of A Portion of Forest Drive; and  Resolution  by the  complied  use:  public  RES1779  EXIHIBIT 6-2    feet; and proceeding thence from the beginning point along an extension of the southern right of way line of Haygood Boulevard N 58-10-45 E, 51.30 feet to the point of intersection of the southern right of way line of Haygood Boulevard with the eastern right of way line of Forest Drive and proceeding thence with the eastern right of way line of Forest Drive the following three (3) courses: (1)S34- 34-28 E, 22.48 feet to a point, (2) with a curve to the right having a radius of 769.35 feet, a chord bearing of S 26-29-01 E, 248.89 feet to a point and 17-10-30 E, 86.96 feet to a point where the eastern right of way line of Forest (3)s Drive intersects with an extension of the northern right of way line of Crestwood Ave. and proceeding along said extension line S 81-43-25 W, 50.46 feet to an iron set (#4 rebar) at the intersection of the northern right of Ave. with the western right of way line of Forest Drive and proceeding thence along the western right of way line of Forest Drive the following three (1) N 17-10-30 W, 79.15 feet to an iron set (#4 rebar), (2) a curve to the left having a radius of 719.35 feet, a chord bearing of N 26-29-05 W, 232.77 feet to an iron set (#4 rebar) and (3) N 37-37-01 W, 26.04 feet to the point and place BE IT FURTHER RESOLVED that at the expense of the Petitioner, a certified copy of this Resolution duly adopted by the City Council of the City of Gastonia will be recorded in the Office of the Register of Deeds for Gaston  line way of (3)  Crestwood courses:  of Beginning and containing 0.40 acre, more or less.  County, North Carolina.  This the 17TH day of November, 2015.  Mayor John D. Bridgeman  Attest:  (Deputy) City Clerk  RES1779  EXIHIBIT  6-3    EXHIBIT A  EXHIBIT 6-4    MEMORANDUM  TO: FROM: DATE:  Ed Munn, City Manager  Matt Bernhardt, Director of Public Works and Utilities  THROUGH: Flip Bombardier, Assistant City Manager  November 5, 2015  SUBJECT: Items for City Council Agenda: Water Treatment Plant  Renovation Project Phase II:  Approval of Resolution Accepting $30 Million DWSRF Loan Approval of Budget Amendment #16-010 Approval of CMAR Contract Amendment Resolution to Award Amended CMAR Contract  The City's Water Treatment Plant Renovation Project is currently underway, and the first phase of the Project (which is the construction of a new 4MG Clearwell on the site adjacent to the Plant) is currently being excavated. The new Clearwell will replace the existing and aged North Clearwell water storage reservoir. The City received a $5 Million zero-percent-interest Drinking Water State Revolving Fund (SRF) Loan to help Phase II of the City's Water Treatment Plant Renovation Project is at the end of its Design and Preconstruction Phases, and is now preparing to move into actual construction as well. The Project has been designed by Pease/LaBella Associates, and will be constructed through the Conirncto-angeraeRax (CMAR) method, with Rodgers-Crowder Construction serving as the CMAR for the Project. The final Guaranteed Maximum Price (GMP) for the construction of Phase II of the Project is The City received a $30 Million Drinking Water SRF Loan from the State of North Carolina for this phase of the Water Treatment Plant Renovation Project and has received a Notice of Intent to fund the project with a zero-percent interest loan. The City will receive an Offer and Acceptance Package from the State after the NC Local Government Commission (LGC) approves the loan at their December meeting. The attached resolution is required for the acceptance of the loan when the package is The remainder of the construction cost will be funded with the issuance of Revenue Bonds ini the amount not-to-exceed $22.5 Million. The approval of the Revenue Bonds The City is receiving a $30 Million NCDENR zero-percent-Interes: loan for this second phase oft the Project in addition to the $5 Million zero-percent-interest loan for Phase I. The attached Budget Amendment is needed to recognize the SRF Loan revenues and to allocate those funds toi the proper accounts for the second phase oft the project. Rodgers/Crowder received bids during the month of October for the Phase II construction packages, and those bids were usedt to determine the GMP for the Project (which is included in the amendment to the CMAR Contract). The amended GMP is established at $56,654,775 which includes $51,400,000 for Phase II and $5,254,775 for Phase I. The attached amendment to the CMAR Contract has been prepared by City Legal Staff, and is recommended for approval subject to any necessary minor adjustments that they would need to make prior to execution. As part of the DWSRF Loan Approval process, a resolution to award this CMAR contract is also required and  fund this Project.  $52 Million and is attached.  Funding:  received.  is under a separate agenda item on this same meeting agenda.  Amendment to CMAR Contract:  is attached.  Exhibit 7-1    RECOMMENDATION:  Staff therefore recommends approval of the attached items as listed below as related to Phase II of the Water Treatment Plant Renovation Project (all subject to approval by the NC Local Government Commission): Approval of Resolution accepting the $30 M DWSRF Loan Approval of Resolution to Award Amended CMAR Contract  Approval of Budget Amendment # 16-010 Approval of CMAR Contract Amendment  (Presentation:  Matt Bernhardt, Director of Public Works & Utilities Keith Garbrick, PE, Vice President, Pease/Labella Associates)  Exhibit 7-2    RESOLUTION. ACCEPTING Al DWSRF LOANI FORTHE WATER TREATMENT PLANT RENOVATION PROJECT WHEREAS, The Safe Drinking Water Act Amendments of 1996 authorized the making of loans and grants to aid eligible units of government in financing the cost of WHEREAS, the North Carolina Department of Environment and Natural Resources has indicated that iti intends to offer a Statel Revolving Loan in the amount of $30,000,000: for 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 That the City of Gastonia will accept the State Revolving Loan offer of $30,000,000 That the City of Gastonia (does hereby give assurance to the North Carolina Department of Environment and Natural Resources that they will adhere to all items specified in the Standard "Conditions" and * Assurances" oft thel loan offer when received. 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 project WITNESS, my hand and official seal of said Municipality on this the  construction for eligible, drinking-water infrastructure, and thel Renovation oft the Water Treatment Plant; and approved plans and specifications;  OF GASTONIA: when received.  application.  and tol Federal and State grants and] loans pertaining thereto.  day of  November, 2015.  John D. Bridgeman, Mayor  ATTEST: (Deputy) City Clerk  EXHIBIT 7-3    City of Gastonia Budget Amendment  BudgetDept Amendment#  CBF 16-0I0  ADDITIONALFUNDS (Coundlapproyes) TRANSFERS: BETWEENI FUNDS (Commeilapprove) COUNCIL) MEETING: DATE: Account) Description Water/Sewer Capital Projects Fund WTPE Project- $30MS SRL &2 2015 Revenuel Bonds Loan Proceeds Contracted Construction Debt] Issuance Costs- SRL  November) 17,2015 Account Number  oButpetUse Only Existing Budget  Increase (Decrease)  Revised Budget  462-933-350080 462-933-73020 462-933-88050  $30,000,000 $29,400,000 $600,000  $0 $30,000,000 $0 $29,400,000 $0  $600,000  Doest thisa amendmenta adversely impacty youro operation? IfYes- Whatist thei impact?  Yes  No  REASONE FORADUUSIME SIGNATURES DATE  Torecognize State Revolving Loant fort they Water' Treatment Plant Project.  ARIMENTE HEAD CITY COUNCI,  DATE DATE  An6o y   -uode  n/e/p0y  EXHIBIT 7-4    GASTON COUNTY NORTHCAROLINA  FIRSTAMENDMENT TO  AGREEMENTI FOR CONSTRUCTONMANACEK ATR RISK SERVICES  This First Amendment to Agreement for Construction Manager At Risk Services ("First between the City of Gastonia, North Carolina ("Owner") and Rodgers Crowder, a joint venture of Rodgers Builders, Inc., al North Carolina corporation and Crowder Construction  Amendment") is made effective this the North Carolina corporation ("Contractor").  day of  November  2015, by and Company,  a  WITNESSETH  WHEREAS, Owner and Contractor entered into an Agreement for Construction Manager at] Risk Services dated July2015, ("Agreement") which provides for the renovation of the WHEREAS, the Agreement contained a guaranteed maximum price for Phase 1 of the Project; WHEREAS, per paragraph 5.2.2 of the Agreement, the parties now desire to set the guaranteed NOW THEREFORE, in consideration oft the mutual covenants contained herein the parties 1. Definitions. All capitalized terms used and not otherwise defined herein shall have the meanings ascribed to them in the Agreement. All references in the Agreement to "this Agreement" shall be deemed to be the Agreement as amended by this Amendment unless the 2. Guaranteed Maximum Price. The parties hereto agree that the GMP for the Work, excluding all sums paid pursuant to the Preconstruction Contract, shall be the sum of fifty six million, six hundred fifty four thousand, seven hundred seventy five and zero/dollars $56,654,775.00 the components of which are set out in the Guaranteed Maximum Price Proposal ("Proposal") which is attached hereto and incorporated herein by reference as Exhibit 3. Bonds and Insurance. Contractor shall promptly notify both its bonding company and builders risk insurance carrier that the Agreement has been amended to increase the GMP, and shall obtain all insurance and bonds required by Exhibits F and G to the Agreement to reflect the increased GMP as set forth inj paragraph 2 of this Amendment, all of which will be effective on the Execution Date and beart that date. Contractor shall promptly provide copies oft these policies. "Execution Date"s shall mean the date this Amendment is approved by the Gastonia City Council  of City  Gastonia and  Water Treatment Plant ("Project"); and  maximum price ("GMP") for the entire Project, including Phase 2;  asf follows:  agree  context required otherwise.  N.  and signed by both parties. 0BOSDOCV.CNEQICN,  EXHIBIT 7-5    4. Exhibits Amended. Exhibit A shalli indicate Exhibit A, F,G,H, K, Ltot the isa amended and replaced, effective as of the Execution Date, with Exhibit A2. F2.G2.H2.K2. Agreement including the General Conditions of Contract shall remain ini fulli force and effect and be and alls SO executed shall constitute one agreement binding on allj parties hereto. IN WITNESS WHEREOF, the undersigned have caused the Agreement to be executed in their behalf byi individuals duly authorized, all as ofthe day andy year first above written.  L2whichi is attached tot this Amendment. 5. Continued Forceand Effect. ont thej parties unless specifically amended herein.  All other terms and conditions of the Agreement  binding counterparts  6. Counterparts.  This Amendment may be executed in any number of  ATTEST:  OWNER CITY OF GASTONIA  By: Date:  John] D. Bridgeman, Mayor  MSXDGV.CNAQIes,  EXHIBIT 7-6    ATTEST:  CONTRACTOR, Company)  RODGERS CROWDER (aj joint venture of Rodgers Builders, Inc. and Crowder Construction By CROWDER CONSTRUCTION  COMPANY  By: Printed Name: Title: Date:  Byl RODGERS BUILDERS, INC.  By:  Printed Name: P.A. Rodgers Title: President & CEO Date:  This Agreement has been pre-audited in the manner required byt the "Local Government  and Fiscal Control. Act."  Budget  By: Date:  Finance Officer  0APOCVCHS0ID,  EXHIBIT: 7-7    Exhibit' 'N"t to the First Amendment to Agreement: for CM@Risk fort the City of Gastonia WTP Phase IIp project, dated1 11/6/15,  City of Gastonia Phase I- GMP GMP Cost Summary November 6, 2015  Project! No.2 2155  Two Rivers Utilities Water Treatment Plant Renovation & Upgrade Project  GMP Cost Summary Item Phase ofV Work 1 Phasel I- Early Clearwell  Total Cost  $ $ $  5,254,775 51,400,000 56,654,775  2 Phasel II- Renovation: and Building Upgrades  3 Total  Note: The GMP amount does not include the $600,000  closing cost for the NCDWSRF Loan.  Rodgers-Crowder  Pagelofl  EXHIBIT 7-8    JASTONIA Great. Place. Great People. Great Promise. RESOLUTION RECOMMENDING: AWARD OF CONTRACT FOR CONTRUCTIONI MANAGER. AT RISK- RENOVATION OF WATER TREATMENT PLANT  NC  WHEREAS, the City ofGastonia isi int thep process ofr renovating, enlarging and upgrading its watert treatment WHEREAS, the City of Gastonia has previously entered into an agreement ("Agreement") with Rodgers Crowder, a North Carolina Joint Venture between Rodgers Builders, Inc., and Crowder Construction Company for thej provision of Construction: Manager at Risk Services for Phasel Ioft the Project; and WHERAS, the City is now ready to commence. Phase II oft the Project and the parties wish to amend the existing Agreement top provide Construction Manager at Risk Services for the entire project including Phase WHEREAS, thel North Carolinal Department ofE Environment andl Natural Resources (NCDENR)andi the City have entered into a separate agreement whereby the NCDENR is providing substantial funding for the NOW, THEREFORE, BEI ITI RESOLVED by the City Council oft the City of Gastonia, that the Agreement ishereby amended top provide Construction. Manager at Risk services fort the entire Projecti including PhaseI BEI ITI FURTHER: RESOLVED that the Guaranteed Maximum Price for the Project including PhaseI and  plant ("Project"); and  II and Project; and] Phase II.  Phasel IIs shalll be $56,654,775. Resolved this the_ day of November, 2015.  John D. Bridgeman, Mayor  ATTEST: City Clerk  EXHIBIT 7-9    JASTONIA Great Place. Greatl People. Great! Promise. Department of Financial Services  To: Mayor and Members of City Council  From: Melody Braddy, Director of Financial DulaaBuadag  Thru: Ed Munn, City Manager  Re: Order Authorizing the Sale and Issuance by the City of its Combined Utilities Revenue Bonds, Series 2015 and Authorizing the Execution and  System  Documents Date: November 4, 2015  Delivery of Certain  The City of Gastonia is in the process of issuing debt to finance the renovation Water Treatment Plant project. The project cost is estimated to be $60,000,000. phase of the funding for this project will come from a state revolving loan of $30,000,000, issuance The revenue bonds not to exceed $22,500,000 and fund balance in the water and sewer of The attached bond order authorizes the sale and issuance of the revenue bonds execution of the bond documents. The item will go before the Local Government and the Commission at its December 1st meeting with the projected sale date December gth Also, included is a budget amendment setting up the estimated bond proceeds expenditures. Theamounts willl bet finalized oncei the bonds ares sold. Staffi is also permission to adjust the budget accordingly, once the transaction is complete. requesting Please feel free to call me if you have any questions, 704-854-6678.  estimated at $8,000,000.  fund  closing on or before December 22nd.  and and  EXHIBIT 8-1    The City Council of the City of Gastonia, North Carolina held a regular Present:_ Mayor John Bridgeman. presiding, and Council Members  Gastonia City Hall in Gastonia, North Carolina, the regular place of  at meeting 6:00 in the p.m. on  November 17,2015.  meeting,  Absent: Council Members  Also Present:_  Council Member  introduced the: following order, the title of  read and copies of which had been previously distributed to each Council Member; which was ORDER AUTHORIZING THE SALE AND ISSUANCE BY THE CITY OF GASTONIA, NORTH CAROLINA OF ITS COMBINED UTILITIES SYSTEM REVENUE BONDS, SERIES 2015 AND AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS IN BEITORDEREDI byt the City Council ofthe CityofGastonia,; North Carolina (the "City"): Section 1. The City Council does hereby find and determine as follows:  ONNECTIONTIEREWTE  (a) Pursuant to a Trust Agreement, dated as of  1, 1994  "Trust  between the City and First Union National Bank (succeeded May by U.S. Bank (the National Agreement"), ast trustee (the "Trustee"), the City created a combined utilities system (the "Combined Association), Utilities System") currently consisting oft the City's water system and sanitary sewer system. The' Trust Agreement provides for the issuance ofrevenue bonds thereunder, to be secured thei oft the Combined Utilities System as set forth therein, to finance improvements byt to the net Combined receipts Utilities System andt tor refund all or aportion ofa any bondsi issued pursuant tot the' Trust The revenue bonds issued under the Trust Agreement are secured by a oft the Combined Utilities System as provided in the' Trust Agreement. pledge (b)Atar meeting held on September 1, 2015, the City Council authorized the filing of an application with the North Carolina Local Government Commission (the "LGC") approval oft the issuance ofrevenue bonds oft the City for the purpose of witha any other available funds, to @payt the costs ofa acquiring, constructing providing ande equipping funds, together various improvements to the City's Combined Utilities System including, without renovation of, and improvements to, the City's existing water treatment plant (the limitation, "Series 2015 the Project"), (ii)p pay all or aj portion ofthei interest on such revenue bonds during construction oft the  of the Agreement. net receipts requesting  EXHIBIT 8-2    Series 2015 Project, (ii) fund any necessary debt service reserve fund and (iv) the fees expenses incurred in connection with thes sale andi issuance ofs such revenue bonds. pay (c) The City, by resolution, also requested the LGC to sell such revenue bonds (d)The City hasi filed witht thel LGC thea application ofthe City fort the issuance 2015 Bonds (hereinafter defined) in an aggregate principal amount not to exceed ofthe Series (e) The City has determined to issue its City of Gastonia, North Carolina Utilities System Revenue Bonds, Series 2015 (the "Series 2015 Bonds") in an amounti not1 toe exceed $22,500,000 for thep purpose ofprovidingi funds, together with aggregate other available principal funds, to @) pay the costs ofthe Series 2015 Project, (ii) pay all or a portion oft the service reserve fund for the Series 2015 Bonds and (iv) pay Project, the fees (ir) and fund expenses any necessary incurred debt (f) The City proposes to sell the Series 2015 Bonds to Wells Fargo Association (the "Underwriter") pursuant to the provisions of a Bond Purchase Bank, (hereinafter defined), ats such prices determined by the LGC, subject to the approval Agreement (g)Therel have been presented tot the City Council att this meeting drafts or executed  and at private $22,500,000i in Combined interest on the  sale without advertisement.  accordance with N.C.G.S.: 159-86.  Series 2015 Bonds during construction of the Series 2015 connection with the sale andi issuance ofthe Series 2015 Bonds.  in National thereofbyt the copies,  City. Bonds:  as applicable, of the following documents relating to the issuance and  of sale the Series 2015  (1) Trust Agreement;  (2)F First Amendment to' Trust Agreement, tol be dated as ofDecember 1, "First Amendment to Trust Agreement"), between the City and the Trustee; 2015, (the (3) Tenth Supplemental' Trust Agreement, to be dated as of December 1, "Tenth Supplemental Trust Agreement"), between the City and the Trustee; 2015 (the (4) Bond Purchase Agreement, to be dated as of the date of delivery thereof "Bond Purchase Agreement"), among the Underwriter, thel LGC and the City; and (the (5) Preliminary Official Statement, to be dated as of the date of delivery thereof (the "Preliminary Official Statement"), relating to the offering and sale of the (h) The City has determined that the sale and issuance of the Series 2015 Section2. Capitalized words and terms usedi in this order and not defined herein the same meanings given such words and terms in the Trust Agreement and the shalll Tenth have  Bonds.  Series 2015 Bonds in the  manner provided int this order is in the best interests oft the City.  Supplemental Trust Agreement.  2  EXHIBIT 8-3    Section 3. Pursuant to the provisions of The State and Local Government Revenue Bond Act, as amended (the "Act"), particularly N.C.G.S.159-88, the Cityl hereby authorizes the issuance of the Series 2015 Bonds in an aggregate principal amount not to exceed $22,500,000 for the purposes set forth in Section 1(e) of this order. The exact amount of Series 2015 Bonds to be issued shall be determined byt thel Director of Financial Services oft the City at the time the Series 2015 Bonds are sold and shall be an amount sufficient, together with any other available the City, to @) pay the costs of the Series 2015 Project, (i) pay all or aj portion of the interest funds on of the Series 20151 Bonds during construction oft the Series 2015Project, (ii) fund any necessary debt service reserve fund for the Series 2015 Bonds and (v) pay the fees and connection with the sale and issuance of the Series 2015 Bonds, The Series expenses 2015 Bonds shall in mature at such times and in such amounts as shall be set forth in the Trust Agreement the Tenth Supplemental Trust Agreement, subject to thej provisions oft this order. The Series 2015 Bondss shall bei issued as fully, registered bonds in denominations or any whole multiple thereof and shall be subject tot the provisions of thel book-entry of$5,000 for registration oft the Series 2015 Bonds as seti forth ini the Tenth Supplemental Trust only system Interest on the Series 2015 Bonds shall be payable on May 1 and November 1 of Agreement. each year, beginning May 1, 2016, until the payment in full of the principal thereof. The final  incurred and  of maturity the  the Series 2015 Bonds shall not be latert than] May 1,2 2036. Trust Agreement and the Tenth Supplemental Trust Agreement. 204 oft the' Tenth Supplemental Trust Agreement.  Section 4. The Series 2015 Bonds shall be subject to optional and mandatory sinking fund redemption att the times, upon thet terms and conditions, and at the prices as shall be set forthi int  Section 5. The proceeds oft the Series 2015 Bonds shall be applied as Section 6. The Series 2015 Bonds, together with any other obligations secured therewith pursuant to thej provisions oft the Trust Agreement, shall be secured on a parity on basis a parity by apledge, charge and lien upon thel Net Receipts and the money and Investment Obligations int the accounts and subaccounts oft thel Bond) Fund in the manner and to the extent provided in held the Section 7. The proposal set forth in the Bond Purchase Agreement submitted Underwriter offering to purchase the Series 2015 Bonds at the aggregate purchase by and the bearing interest at the rates determined by the LGC and approved by the City as hereinafter price provided, such purchase price not to be less than 98% oft the aggregate principal amount of the Series 2015 Bonds (exclusive ofa any original issue discount), ands such interest rates not in an aggregate true interest cost in excess of 4.50% per annum, is hereby Government Commission is hereby requested to sell and award the Series approved. 2015 Bonds to the Underwriter on! behalfo ofthe City, subject tot the approval oft the City, in accordance with thei terms and provisions set forthi int the Bond Purchase Agreement. Thel Director of] Financial Services oft the City are each hereby designated Mayor, to City Manager and the Cityt the sale ofthe Series 2015 Bonds to the Underwriter at suchi interest approve rates, for on such behalfo purchase ofthe price and upon such terms and conditions as the Mayor, the City Manager or the Director of Financial Services shall determine, subject to the provisions of this order. The Mayor, the City Manager andt thel Director ofFinancial Services oft the City are eachl hereby authorized and directed in the name and on behalf of the City to execute and deliver the Bond Purchase Agreement in  provided in Section  Trust Agreement and the Tenth Supplemental Trust Agreement.  Thel to Local result  the  3  EXHIBIT 8-4    substantially the form presented at this meeting, together with such changes, additions and deletions ast the Mayor, the City Manager ort the Director of Financial Services, with the advice of counsel, may deem necessary and appropriate, such execution and delivery to be conclusive evidence ofthe approval and authorization in all respects oft the form and content thereof. Section 8. The form, terms and provisions of the First Amendment to Trust and the Tenth Supplemental Trust Agreement are hereby approved, and the Manager hereby authorized and directed to execute the First Amendment to Mayor Trust andt the Tenth Supplemental Trust Agreement ins substantially the forms presented att this Agreement meeting, together with such changes, additions and deletions as the Mayor or the advice of counsel, may deem necessary and appropriate, including, without City limitation, Manager, with the additions and deletions necessary to incorporate the final terms of the Series 2015 Bonds changes, as set forth int the Bond Purchase Agreement, such execution and delivery to be conclusive evidence the approval and authorization in all respects of the form and content thereof. The any assistant or deputy City Clerk are hereby authorized and directed to attestt the execution City oft or First Amendment to Trust Agreement and the Tenth Supplemental Trust Agreement as the be Section 9. Thel Preliminary Official Statement relating tot the offering for sale ofthe Series 2015 Bonds isl hereby approved int the form presented att this meeting. The distribution and use the Preliminary Official Statement by the Underwriter in connection with the offering for of the Series 2015 Bonds is hereby approved. The City authorizes and consents to the preparation, sale of delivery and distribution by the Underwriter ofa final Official Statement, in of thel Preliminary Official Statement, together with such changes as are necessary substantially to reflect form the final terms oft the Series 2015 Bonds and any other changes that the Mayor, the City thel Director of Financial Services oft the City, witht the advice of counsel, may deemi necessary Manager and or appropriate, such delivery tol be conclusive evidence oft the approval and authorization ofthe Section 10. The Mayor, the City Manager, the Director of Financial Services, Clerk and the City Attorney of the City, or any of them or their assistants or deputies, the are each City hereby authorized and directed (without limitation except as may be expressly set forth in this order) to take such action and to execute and deliver such certificates, agreements, instruments, opinions or other documents as they, with the advice of counsel, may deem necessary or Amendment to Trust Agreement, the Tenth Supplemental Trust Agreement or Agreement, the Bond Purchase First The officers, agents and employees of the City are also hereby authorized and do all acts and things required oft them by the provisions oft this order, the Series 20151 directed the to Trust Agreement, the First Amendment to Trust Agreement, the Tenth Supplemental Bonds, Trust Agreement or the Bond Purchase Agreement for the full, punctual and complete performance of  or Agreement the City  are.  Clerk of may  required by such documents.  the  in all respects ofthef form and content thereof.  City  appropriate to effect the transactions contemplated by this order, the Trust  the  Agreement.  thet terms, covenants, provisions and agreements oft the same. tot thet terms and conditions set forth int this order.  Section 11. The sale and issuance oft the Series 20151 Bonds are hereby Section 12. This order shall take effecti immediately upon its passage.  approved subject  4  EXHIBIT 8-5    Upon motion of Council Member  seconded by Council Member  the foregoing order entitled "ORDER AUTHORIZING THE  ISSUANCE BY THE CITY OF GASTONIA, NORTH CAROLINA OF ITS COMBINED SALE AND UTILITIES SYSTEM REVENUE BONDS, SERIES 2015 AND AUTHORIZING EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS IN CONNECTION THE  THEREWITH" was passed by the following vote:  Ayes: Noes:  I Regina Phillips, Deputy City Clerk of the City of Gastonia, North HEREBY CERTIFY thatt the foregoing is a true copy of so much oft the  Carolina, DO  Council ofsaid City at ai regular meeting held on) November 17,2015, asi relates proceedings in of the City the passage oft the: foregoing order authorizing the sale and issuance ofrevenue bonds ofs any said way City. to as required by North Carolina law and that the minutes ofs said meeting have been meeting given  IDOHEREBYFURTHER CERTIFY that proper notice ofs suchregular ini the minute books kept by me in accordance with law fort the purpose of  was duly recorded minutes recording the  of said City Council.  WITNESS my hand and the official seal ofs said City this 17th day ofNovember, 2015.  City Clerk  [SEAL]  5  WCSR3 35094627v3  EXHIBIT 8-6    City of Gastonia Budget Amendment  BudgetDept Amendment#  CBF 16-012  ADDITIONALFUNDS (Councila approves) TRANSFERS! BETWEENFUNDS (Comcilapproves) COUNCILMEETING: DATE:  November 17,2015 Account! Number 462-933-73020 462-933-88060 462-933-89000 462-933-385000  ForBudgetUieOnly Existing Budget  Account Description Water & Sewer Capital Projects WTP-$301 Ma and2 2015) Revenue) Bonds Contracted Construction Debt Issuance Cost- Revenue Bonds Working Capital Reserve Proceeds-Saleo ofBonds  Increase (Decrease) $22,000,000 $398,050 $101,950 $22,500,000  Revised Budget $22,000,000 $398,050 $101,950  $O SO $0  $0 $22,500,000  Does thisa amendment adversely impacty your operation? IFYes- Whatist thei impact? Torecognizer revenuel bondp proceeds ORIGIAT byn bh Cry MANAGER  Yes  No  RASONPORADISNIN SIGNATURES DATE bls APPROVALS W4hc  MENT CITY COUNCIL  DATE "AB DATE  mwhuu  VA  EXHIBIT 8-7    MEMORANDUM  TO: FROM:  Ed) Munn, City Manager  BNN  Dale Denton, Public Works Division Manager Robert Cloninger, Stormwater Utility Mmdr.bC Matt Bernhardt, Director of] Public Works and Utitie3  THROUGH: Flip Bombardier, PE, Assistant City Manager - Public Infrastructure  DATE:  November 10,2015  SUBJECT: Duhart Creek Conservation Areal Management Plan  The City of Gastonia received a donation of an approximately 24 acre parcel of land from the Lineberger Family earlier this year as part of their development of the remainder of the original parcel for commercial purposes. City Staff were tasked with looking at the property and investigating options for its use and management. Staff have conducted several meetings and Attached is aj proposed plan for the management of thel land. In addition, the attached aerial map depicts the general layout of the donated property as well as a general rendering of the proposed development located north of the property. Please contact us if there are any questions, and we  gathered input from all areas of the City with regard to its use and potential.  look forward to reviewing thel Plan with the Council.  RECOMMENDATION:  Staff is requesting Mayor and City Council endorsement of the attached Duhart Creek  Conservation Area Management Plan.  Exhibit 9-1    DUHART CREEK  CONSERVATION AREA  Short and Long Term Land Management Plan  "There canl bei no greater issuet than that of conservation in this country."  -Theodore. Roosevelt, 1912  JASTONIA Great) Place. Great People. Great Promise.  EXHIBIT 9-2    Duhart Creek Conservation Area  Thel Lineberger Propertyi isa approximately; 24 acrest thatt the City of Gastonia receivedi in 2015 asa donation fromt the Lineberger Family as aj part oft their development ofal larger parcel for commercial purposes. It isl located generally int the area of East Franklin Boulevard across from the Franklin Square development, Since receiving the property from the Lineberger Family, the City has been exploring options to benefit public values by way of protection, environmental enhancement and its general management." Through the establishment ofp preliminary goals and management objectivest the Cityl looks toi implement shorta and longt term plans fort thec donated property and Duhart Watershed as a whole. The short term goals will be pursuedi int the morei immediate: future, whilei the long term objectives will require additional time/efforts  andi isa along Duhart Creek.  to define, establish and obtain.  ShortTerm Management and  Habitat Enhancement Goals and Objectives K2) years)  Update and conduct cross sectional survey: doa a comprehensive stream morphology: assessment.  Promote the property's wildlife habitat through the installation ofbath boxes, bluebird andi native bird boxes, stream-side gardens, and improvement of riparian vegetation with diverse native flora where needed. Strategically install Duhart Conservation Area Signage Create a subcommittee of the Stormwater Citizens Advisory Panelt to reach out to stakeholders within the Duhart Watershed to obtain community feedback, set Create a stream bank/riparian management plan for Analyze watershed for potential Stormwater Control Identify any potential grant funding associated with Install an underground electric tie-line from the end of  Duhart Creek  shown atr (ass  right) around property boundaries..  goals andi identify solutions. this reach of Duhart Creek. Retrof fits and improvements. potential longt term objectives. loope electricity during outages. vagrancy. sewer right-of-way.  Conservation Area Cityo ofGastonias StormwaterU Vility  Pamela St. to Franklin Blvd. This connection willa allowt the Electric Dept. to connect substation 15 on Red Bud to substation #6 on South New Hope. By doing so, the City will gain the capability to City Police will continue tor monitor the area as neededi to deter any illegal dumping and/or Two Rivers Utilities will continue tor maintain the south side oft the property withint the existing  The implementation of these short term goals will allow City staff to shape the long term objectives, identify any watershed issues, and gain citizen input. The Duhart Creek Conservation Area could be an example ofa ani initiative that could be applied to each oft the major watersheds within the City. Acritical factori ins successful implementation of anyl longt term goals is promoting local ownership oft the watershed: and its natural attributes within our urbans setting. Initiale emphasis on this goal will hopefully allowf fort thes successful execution ofa alll longt term objectives. This can be achieved through open communication between all stakeholders and vibrant community involvement, ifdone properly,  resulting inr minimal municipal involvement.  EXHIBIT 9-3    Long Term Management and Habitat Enhancement Summary (2 to 10 years) Develop/establish a Duhart Watershed Alliance with stakeholders that live or conduct business within the adjoining drainage basin to promote community involvement and further our NPDES Working through the Schiele Museum staff, Conduct civic group and citizen tours for native Monitor riparian zones, aquatic habitat, water quality/quantity and: stream geomorphology. Create andi implement a Watershed Management Planf for the Duhart Watershed. Pursue EPA/NCDENR 319 Grants for additional stream restoration funding. Install continuous monitoring stations/stream level data collectors to better identify floode events. Offeri incentives fora aged properties to upgrade their systems to 2/10 year detention or Phasel II Implement otheri ideas and strategies asr mayl bei identified over time.  Stormwater Educational Outreach Program. plant/animal identification classes.  standards to assisti inc downstream floodr reduction.  The success ini implementing our short and longt term goals will greatly influence the City'sp potential for additional 319 Grantf funding through USEPA and NCDENR. This funding could provide additional monies fors stream rstontionsenlancemens, educational campaigns and outreach programs throughout the Please contact the Stormwater Department at7 704-869-1013 ifyoul have any further questions or  Duhart Creek Watershed.  concerns.  EXHIBIT 9-4    EXHIBIT 9-5    JASTONIA Greatl Place. Great People. Great Promise. Department of Financial Services  TO: THRU: FROM: DATE:  Mayor and Members of City Council Ed Munn, City Manager  Melody Braddy, Director of Financial smiuidBadas  November 10, 2015 June 30, 2015  SUBJECT: Audit Results and Annual Financial Audit Report for Fiscal Year Ended  BACKGROUND  The City's independent auditors, Martin Starnes & Associates, CPAS, P.A. have completed their annual audit of the City's financial records and have prepared the Annual Financial Audit Report for fiscal year ended June 30, 2015. We are pleased to inform you that no Management Letter was issued for this audit period. Matt Braswell, Audit Director with Martin Starnes & Associates, CPAS, P.A., will present the audit findings to the City Council. A copy of the auditor's presentation is attached and a copy of the Annual Financial Audit Report is provided as a separate  aftachment. RECOMMENDATION  Staff recommends the City Council approve and accept the presented audit findings.  Attachment  EXHIBIT10-1    €  K 5  S 3 6 0 3 DE 1 - - E 15 a  D 3  a 0  S 2  EXHIBIT 10-2    5  5  O 3  9  -  la S C > B la  E  I  E  EXHIBIT 10-3    - - S  E  E  EXHIBIT 10-4    E  N  I  :  9  EXHIBIT 10-5    5  EXHIBIT 10-6    6   00  EXHIBIT 10-7    - 5 E 1 6  8 E  2  EXHIBIT 10-8    a  D a $  EXHIBIT 10-9    sh  EXHIBIT 10-10    a  sh  EXHIBIT 10-11    6  EXHIBIT 10-12    5  e 1 3 E  o  1 €  de by 3 3 I 6 I - E DE 3 E a  - E D0 13 E 00  a - E la  EXHIBIT 10-13    $A AI A EA $A EAI $A SAl $ $ $  -  6  D -  EXHIBIT 10-14    S A  - b0  EXHIBIT 10-15    $  EXHIBIT 10-16    EXHIBIT10-17    &  >  3  EXHIBIT10-18    A 3  -  -   a E 3 U D S 2  -  EXHIBIT 10-19    FACILITIES/MANAGEMENT COMMITTEE REPORT  2nd FLOOR CONFERENCE ROOM WEDNESDAY, NOVEMBER 4,2015  5:301 P.M. DISCUSSION:  AGENDA! ITEM ITEM1: Center Financial Report for September,2015  ACTIONTAKEN:  Gastonia Conference Mr.) Michael Nolan, General Manager, Gastonia The Committee reviewed the  Conference Center, provided the Committee monthly financials for the with an update on the Gastonia Conference Gastonia Conference Center for Center financials for September, 2015. The September, 2015, and accepted financial data for the first operating month this for information purposes.  shows a positive net income, however, the next couple of months should provide a more realistic picture going forward. Mr. Nolan advised that the transition was straightforward with no major operational challenges. On November 16, 2015, the Sales Team will conductal Tele-Blitz, which will follow-up with a meet and greet reception the week of December 1, 2015. Mr. Nolan introduced Mr. Gerry Durkee, who wasl hired on September 28, 2015, as the Director of Sales and Marketing. Mr. Durkee is looking forward to getting acquainted with peoplei int the community andt to make our community aware of what the Gastonia Conference Center can offer them. The Committee discussed various operational and maintenance aspects of the Conference Ms. Dana Harper, a resident of Roland Park in The  Center.  ITEM2: Discussion of Regulation of City Limits  Committee  voted  Gastonia, recently requested that the City unanimously voted (2-0) that staff allow chickens to be kept on lots smaller than ordinance amendment to liberalize would currently be allowed and reducing the the current livestock regulations setback requirements of the current ordinance. within the City limits, specifically: Ms. Harper presented information to the to prohibit roosters, to determine Committee which addressed some common ar ratio of the number of chickens Currently, the City of Gastonia requires that longer be required; and to reduce anyone who wishes to raise chickens within the setback requirements. City requires that chickens be kept on at least Staff will work with Ms. Harper one acre of land. The City alsor requires that no on the language, and the item will coop can! be erected within the front yard, within be brought to Council for  Chickens Within the consider liberalizing its livestock ordinance to move forward with drafting an  concerns ofkeeping chickens.  to lot size; that obtaining permission from neighbors willr no  City limits to first obtain a permit. Also, the  25 feet of any property line, or within 1001 feet discussion. Ms. Harper stated that there are few residents have a one-acre lot or have room to place a chicken coop 100 feet from another residence Ar review of other municipalities indicates there is no consensus on the regulation of chickens. Some cities do not have regulations, others allow al limited number of chickens on smaller lots, some only regulate distance from other residences, and some prohibit chickens altogether. Staff asked the Committee for direction on liberalizing the current livestock No other matters were discussed.  ofa another residence.  within the Cityl limits.  ordinance.  ITEM3: Other Matters  Committee Members in Attendance: Committee Members Absent:  Chairperson (Mayor Pro Tem): Brenda Craig  Councilman Davel Kirlin Councilman Todd Pierceall  EXHIBIT 11-1    MEMORANDUM  TO: FROM: RE: Date:  Facilities Committee of the City Council Melissa A. Magee, Asst. City. Attorney Regulation of Chickens within the City Limits  October 29, 2015  Ms. Dana Harper recently approached City staff to request that the City consider liberalizing its livestock ordinance to allow chickens to bel kept on lots smaller than would currently be allowed under the existing ordinance as well asi reducing the setback requirements of the current ordinance. The purpose of this memorandum is to provide background information concerning the City's current ordinance and to suggest issues that should be considered if the ordinance is amended. The City of Gastonia has long required that any person who wishes to raise chickens within the City limits must first obtain aj permit from the City. In order to obtaina aj permit, the applicant must show that the chickens will be kept on a tract of land and in a manner that meet the following (1) The tract shall consist of at least one acre ofl land under single ownership or control. (2) Such animals must be provided with adequate shelter to protect them from the elements (3) Such animals must! be confined ata all timesi in a coop, fowl house or others secure enclosure whichi is notl less than 18i inches inl height. The coop, fowl house or other secure enclosure must! be well ventilated and well draineds so therei is no accumulation of odor or moisture. (4) The coop, fowl house or other secure enclosure shalll have ai minimum of ten square feet (5) No coop, fowl house or secure enclosure shall be erected or maintained within the front yard (as defined by the zoning ordinance), within 25 feet of any property line or within (6) The coop, fowll house or other secure enclosure shall bel kept clean, sanitary and free from accumulations of animal excrement and objectionable odor. Its shall be cleaned daily, and all droppings and body excrement shall be placed in a flyproof container and double- (7) Nor more than 20 suchf fowl shall be kept or maintained per acre. The number of fowl shall bep proportionate to the acreage. There will be no discounting for chicks or other young (8) All food and feed kept for feeding chickens, turkeys, ducks, guineas, pheasants or other domesticated fowl shall be kept and stored in rat-free and ratproof containers, Although the Code Enforcement Division does on occasion receive inquiries about the requirements for keeping chickens, very few residents have a one acre lot orl have room toj placea chicken coop that willl be 1001 feet from another residence. Therefore, al limited number of permits have been issued. With the slow food movement and the interest in locally grown food, there A review of other municipal ordinances indicates that there is no consensus on the regulation of chickens. Some cities do not regulate the. subject at all!, some allow al limited number of chickens on smaller lots?, some only regulate distance from other residences, Sand some prohibit chickens  requirements:  andi must be contained in a secure fenced enclosure at all times.  of floor area for each fowl. 1001 feet of another residence.  bagged inj plastic bags for proper disposal.  fowl.  compartments or rooms unless kepti in ai ratproofing building.  seems to be an upsurge ini interest inl keeping chickens ini more urban settings.  Mooresville  2Garner permits upt toe eighth hens but does not address lots size  Hickory has a 50f foots setback requirement for chicken coops! but does nota address lots size or number of chickens  EXHIBIT 11-2    altogether". For those that do allow chickens, it appears that some allow hens but not roosters. Since attitudes toward urban farming are changing, a review of the current ordinance may be in 2. Should there be a setback requirement either from the lot line or from any adjacent 5. Should there be ar maximum number of chickens allowed? Should such maximum number 6. Should the regulations contain provisions addressing the housing, care and feeding of the There are obviously a great many alternatives tol be considered should Council chose to revise the current ordinance. By way ofi information, Ms. Harper lives an established older neighborhood  Gastonia'so current ordinance does not prohibit roosters.  order. Some topics for discussion during such ai review could include: 1. Should thes size oft the lot on which chickens are kept be regulated? residence? How large ofas setback would be appropriate?  3. Should a permit be required? 4. Should roosters be allowed?  be relatedt to the size ofthe lot on which the chickens are tol be kept?  chickens?  and herl loti is less than. .50 acres but larger than. .25 acres.  Concord prohibits thel keeping of chickens within the city limits  EXHIBIT 11-3    GASTONIA CONFERENCE CENTER  Executive Summary for September 2015  Culinaire assumed management oft the Center on September 1sf from Stellar Platinum; the transition ing general was fairly straightforwardi with nor major operational challenges All contracted! business ont the books will be honored, the Sales Ar main goalf fori thet first month wast tos graspt the day to dayo operations oft thet facility and fully understand the technical side oft the Center [AV/ighting/security etc.] Wes still need to evaluate the exterior doors andi the locking mechanisms; Over ther next couple of months we will look toi implement major structure to ours sales and marketing efforts. Our Sales. Tele-Blitz iss scheduled for1 the week of November 16th, with thet follow up' "meet and greet" cocktail reception the week: Wea ares stilli int thep process of routing from the city alll building/utility expenses to the Centers management P&L but for the most part wel have allo ourr national vendora agreements inp place. The financial data for thei first operating month shows a positive neti income and although this includes: severale expense accruals, wea also acquiredt the food, beverage and operating supplies inventories from Stellarv whichg generated "below budget" cost of goods. Full detailed P&L  team will continue tov verify futurel business agreements and ensure accuracy.  key pado or card entry will need tol ber researched.  of December 1st  breakdowns are attached.  Notable Groups Hosted [Total attendees in September were 2,560]  CVS Allen Tate USF Foods- -Ft. Mill Ephesus 7th Day. Adventist Gastonia Salvation Army Boys & Girls Club Gastonial East Rotary Club Gastonia Rotary Club Partners Behavioral Health MGMT Piedmont Plastic Surgery and Dermatology Gaston Association ofF Realtors Edward. Jones - Boiling Springs Centralina  EXHIBIT 11-4    There were 2 Wedding Receptions held in September. The first was for 46 attendees, with revenue of $3435 or $74.67 per person. Thes secondy wedding was al luncheoni for 200 attendees, with revenue of$ $5812 or $29.06, per person.  Notable Groups booked ins September for future months  Duke Energy Advanced Drainage Systems Thel Links Inc. Piedmont Chapter Community Health Partners Charlotte Regional Safety & Health School USF Foods- Charlotte  Actual September: 2015 Groups "In House" 9/1- Allen Tate 9/2- Association ofF Realtors 9/4 Long Rehearsal Dinner 9/10-1 Thursday Rotary  9/3- -Thursday Rotary, EdwardJ Jones (Boiling Springs)  9/8-F Piedmont Plastic Surgery & Dermatology, Partners Behavior Health Management, Downtown Merchants Assc.  9/11-U US Foods, NC State Bar, 7TH Day Adventist Gastonia 9/12- -[ Divine Creations "Hair Show," 7TH Day Adventist Gastonia 9/13 7" Day Adventist Gastonia, Liberty Baptist Church 9/14- - Monday Rotary 9/15-A Allen Tate, 7H Day Adventist Gastonia 9/16- 7'H Day Adventist Gastonia 9/17- - Thursday Rotary 9/18-7H Day Adventist Gastonia  9/19- - Welch/ Hamilton Reception, 7"D Day Adventist Gastonia 9/20- -7" Day Adventist Gastonia, Liberty Baptist Church 9/22-7TH Day Adventist Gastonia, Downtown Merchants Assc. 9/23- - Centralina, CVS,7 7H Day Adventist Gastonia 9/24- - Thursday Rotary, Twol Rivers Utilities  9/21- - Monday Rotary  EXHIBIT 11-5    9/25-7" Day Adventist Gastonia 9/26-Taylor Reçeption 9/27-Liberty! Baptist Church 9/28-Monday! Rotary 9/29-Salvation. Army Boys & Girls Club  EXHIBIT 11-6    88888 888 8888 8g8  888888833 8888  a 0  ESeGE9  egE a E  4 8ES 9785  8393 85 888 8 NE 849  NENANS 39 E 8 $3348885 6888 94934849 8979 34383883 gs  2  8  88888  888 8888 888  888888888 8888  o 8  BEEs95E  EREE a E  9339  349 5  399473933 933: E 8 $3348855 5888  - :  9185  9N9 8E 8  798N83 237 1 3 B13888835 858 E  EXHIBIT 11-7    888 e  8888 8 8888 88 838888383 88888  8 8  E a s   5 FE s3s 33  0:833 333835 E a 948 08888 33339783 30600 F88  a  EE  88888  888 88  8888 8 8888 88 888888888 888883 a 8  8 de 8 8  8  R33 de 85 Ra 5e  EE  g  99413 a a 833385833 883833 E S  E  RAS E SoN a :  88338  888888  6  33  83338383 338833 e 8  288888 0  EXHIBIT 11-8    8888888   3339989 - EB - E 383398  888888  98E83 dge 98586  88 E  EXHIBIT 11-9    t  5  1s1 A53 E3 si S5 E65 7  4454 5555 Ss 555585 8585 8555 8655 8565885  E65 555  411 S55 S5 5595 311 AE As! 5514 5555 8855 S555 B555555  A  1si1 A551 4555 - A  T  :s  de 6611 55 e 1 55 155 5 E5s 55 55 5i1 S531 3 : Esi! 6155  E11 #s5 S ss 6855 8555 SE55 5555851  -  TTTTT 8555 8555 5865 SEEIISS  BII A11 S 8s 8515 EEES SEEE SEEISE " TTTTT 1611 AI 1s1 BA1E 3855 8685 5555 5155555 ES1 151 111 BsE 5865 s SEE5 S555555  1  # Bi AS5 AS Es1 S61 -  6  i 5 SE5555 85 5511 MES  848835  115 55 88N EN 68  11 5585  S5  5583 $555 8888 5555555  888  5668  888  8558 8865 S555 8655  SE55 5555 8885 5556555 S55 6855 555  o 9  EXHIBIT 11-10    #3 88888 88888 888s 8888 88838 98888 88888 88888 88888 88888 8888s 88:8s  88 818 818 318 118 315 815 aI II  EE3 EEE IEE IE3 :: 385 EBE 1 - 383 EEB 1 E 1 $888 :88 115  188 33 e a 8 I1 5 I1 88 5 I1 8 5 e 31 38 31 85SS N :89 ss :8888 9a 1554  88888 8:8s  9e  B  ulii   888 8 BES E  e 88  888 3 811 €  8888888888 959997881  EXHIBIT11-41    : 8858E8885 de 8838E888 8 831888885 a 88383888 f 8338E888 8 39833E8A 8 3883SEBN 8 e BIEBESEE 38838E8A de 188838555  1" JE  ! 888885  1 88:8a1 11 883845  # !18  #   883893 E8838931 E88891 E883811 a8354 8833a1 #88EE  8888 88888888 888888 :8888888 4555551 45555555  de a  888  9e 145  55451155 a 3  3535551  BBBERBBBBBEES BBTTTITT  8888888 33339838  EXHIBIT 11-12    53  a888 3"  388883 g8888 88883 88883 388883 388883  :  :  1 3  45  : :#889  ##888 8888 :5  388883 8:888 888888  : :  :5 3551153555 35555335    #BBB######BEH  EXHIBIT 11-13    888 888 888e 888s 8889 8889 888e 888e 8889 :88e 898  555 as  BBBBBBBBEBBEBEB  EXHIBIT 11-14    PUBLICSAFETY COMMITTEE REPORT MONDAY, NOVEMBER 9,2015 5:30 P.M.-2ND] FLOOR CITYHALL, GASTONIA, NC  AGENDA ITEM ITEM1: Department Pay  DISCUSSION:  ACTIONTAKEN:  Status Update At the request of the Committee at the meeting on The Committee accepted Regarding) Fire October 12, 2015, staff provided a status update this item for informational  regarding a pay study for the Fire Department. A purposes. markets studyo ofFirel Departmentsin: surroundingcities andanumber ofs smaller North Carolina citiesi indicated aneed for al market adjustment att the Firefighter level. Staff is continuing to review other positions in the department as well as possible career development plans. Theg goal ist tol have ai finalized recommendation approved andi implemented! by early) January. Once the Fire Department market adjustments are complete, staff will review each additional department within the City to determine ifany other adjustments  are needed.  ITEM2: Streets Initiative  Report on Safe Chief Rob Helton, Gastonia Policel Department, advised The Committee  the Committee that the Safe Streets initiative, at traffic this item for informational accepted safety effort, began at the end of September and lasted purposes. for four weeks. The goal of the Safe Streets Initiative wast tor reduce collisions, slow down drivers, andi make the streets safer for all the City's motorists. The initiative: focused on areas in the City that have al high number of collisions and streets that have received numerous speeding complaints. Traffic Sergeant Keith McCabe and as small group ofo officers championed this initiative. The initiative may be implemented again during the holidays in an effortto reduce the number ofaccidents and tos slow motorists down. the Fire Department had an ISO 9s inspection review by the Office of the State Fire Marshal on Thursday November 5th. The 9s rating is very basic and determines that a department meets basic standards for emergency response. Gastonia passed with rave reviewsbythei inspector. The Departmenti is preparing for the full response rating review in October 2016. Gastonia Fire Department currently has a Class Chief Helton stated that on November 3rd, the City hosted K-9 trials at the Gastonia Municipal Airport. Nine dogs participatedint thei trials. Ofthose: nine dogs, fivel belonged toi the City. All nine dogs were certified. Chief Helton also provided the Committee withl holiday safetyt tips, which willl bep providedt tot the mediai int time fort the Thanksgiving: and Christmas holidays. Chief Helton stated that the Shop with a Cop program willl bel held on Saturday, December 12, 2015. Asaway to contribute to the program, an ornament can be purchasedi for $10a att thel Police Department witha allthe moneyraised; going directlyt to Shop withaCop. Checks are also accepted made payable tot the Gastonia Police Foundation. These funds will allow participating youths from the West Gastonia Girls and Boys Clubsto Shop with a Cop for needed clothing, shoes, and  ITEM3:  Other Matters ChiefWelch: andI Deputy ChiefThompson reported that  3rating.  possiblyas small gift for Christmas.  Committee Members Present: Mayor Pro Tem Brenda Craig Councilman Toddl Pierceall  Committee. Member Absent: Jim Gallagher  Chairman  EXHIBIT 12-1    SUMMARY- PAY STUDY - FIRE DEPARTMENT  November 9, 2015  Ina an effortt to remain competitive, the City continues tol look att the market to see ift there are specific jobs that are falling behind ther market: When completing a market study, we look at thes surrounding cities and some similar size cities. Our goali ist to ensure we stay abovet the smaller cities and close to the cities that are similar ins size. Once we receive the survey data, we establishi the: average starting pay andt then apply a formulai that rewards employees for theiry years ofs service with the emphasis being placed on employees with 3-12 years of service. We completed ther market studyf for Police in August 2015 and implemented pay adjustments based ont that survey. The next area we began looking at was the Fire Department. We are currently working on recommending: a pay adjustment for the Firefighter positions that are somewhat below market while also rewarding employees fort training and certifications. The Once we have completed thet firer market adjustments, we will continue to look at each department to determine ifa any other market adjustments are needed. Market adjustments  goali ist tol havet the pay adjustments implemented in. January 2016. willl be based on eachj job and willr result in varying amounts.  EXHIBIT12-2    TRANSPORTATION COMMITTEE REPORT TUESDAY, OCTOBER 27,2015  AGENDA ITEM DISCUSSION:  ACTION TAKEN:  ITEM1: Passing by Pasour Mountain Property  Presentation of Mr. Graham Bell presented a plan to repurpose The presentation from Mr. Information on the741-acre! Pasour Mountain! Resource! Recovery Graham Bell was provided Proposed Road Farmt toa ani industrial park. Mr. Bell's plan would fori informational purposes.  also provide a new road to access the site. He No action was taken byt the indicated that approximately three miles of new Committee. roado could be constructed tos servicet thei industrial park. Mr. Bells stated! by his own calculations, this configuration would reducet traffic on US 321 and I-85 from between 17% to 21%. Also, by developing Pasour Mountain into an industrial park, Gaston County coulde experience substantial Staff advised Mr. Bellt that the expense tor relocate the recovery farm and to provide utilities to Pasour Mountain are very costly. Also, the road construction project would have to be submitted through the NCDOT SPOTI ranking process. Staff will quantify the utility costs and provide themt to  economic growth.  Council.  ITEM2: Franklin Cox Road  Presentation of Mr. Jonathan Guy, Kimley Horn Associates, The presentation of the Boulevardand the Franklin Boulevard and Cox Road Corridor Cox Road Corridor Study CorridorStudy data, evaluated the area, and developed short- informational purposes  presented information to the Committee about Franklin Boulevard and term and long-term projects that could improve only. No action was taken traffic congestion in the area, as well as relieve bythe Committee.  Study. Kimley Horn Associates gathered traffic was  provided  for  traffic flowi int the surroundingo corridors. Mr. Guy presented several conceptual projects to the Committee. Thes short-term projects would! be less costly and have less impact to the surrounding properties and roadway network, but also would have smaller impacts on traffic congestion. Long-term projects would be more costly, take more time to fully develop, however, they would significantly improve traffic flow. These projects were discussed by the Committee Kimley Horn Associates, will take the input from the' Transportation Committee. andj prepareaf final draft report to present to the full Council for approval and adoption ataf future meeting. could use asan model and best practices. Staff visited the Shelby-Cleveland Airport and the Lincointon-Lincoln County Airporta and spoke about those operations. Staff presented information on the following The self-serve fueling station versus full service fuel delivery via fuel trucks along with some low- cost improvements that could be made to Gastonia's airport was discussed.  and staff.  ITEM3: Update on Gastonia Municipal Airport  Att the Committee's direction from the meeting of Theupdate ont the Gastonia July 15, 2015, staff solicited information from Municipal Airport was other successfula airports int the: areat that Gastonia provided for informational  purposes only. No action was taken by the  Regional Committee.  topics:  EXHIBIT 13-1    TRANSPORTATION COMMITTEE REPORT TUESDAY,OCTOBER 27, 2015 The City of Gastonia has successfully received a $4,000 grant from ElectriCities for improved signage, façade canopy, andi marketing brochure. Duke Energy has replaced 28 site lights with brighter, more efficient, LEDI lights. The Civil Air Patrol has been provided with additional meeting space. The group currently usest the City'smeeting/ rooma att the: airportandthe terminal building every Monday for meetings. There are over 321 members int the group. The City is working with Fly Carolina (FBO) and The Ninety-Nines non-profit organization to paint a compass rose: att the airport for the cost of materials. This will be decorative and functional Staff is reviewing the cost to add a security gate with access control beside the existing vehicular The Airport does not currently have fire suppression infrastructure, so staff is requesting that Engineeringand" Two Rivers Utilities prepare updated cost estimates for water and sewer extensions from the Rosegate Subdivision. The City is investigating possible signage improvements that include a simple metal sign (provided in-house) on the classroom building, a multi-tenant sign at the Gaston Day School Road entrance, andj possibly a replacement sign at the Union! Road/Gaston! Day School Roadi intersection. The Committee: requested thata atther next meeting that they would like staff to provide anticipated revenues and return oni investment estimates for  for] pilots.  gate andt terminal entrance.  some oft thesei issues.  ITEM4: Atlanta to Speed Rail Project ITEM5:  This item will be included in the City Manager's The Committee voted  Charlotte: High report on! November 17,2015.  unanimously (3-0) that thisi item ber referred1 tot the City Manager tol be included on his reportat thel November 17,2015, City Council Meeting. unanimously (3-0) that this item be referredt toi the City! Manager tol be included on his reportat the November 17, 2015, City Council Meeting.  Other Matters: This item will be included in the City Manager's The Committee voted  a. General report onl November1 17,2015.  Bond Obligation Project Updates b. Franklin Boulevard from Six tol Five Lanes  Committee: Chairman' Walt Kimble, Councilman Dave Kirlin, Councilman Todd Pierceall  EXHIBIT 13-2    CENTRAL CITYREVITALIZATION. ANDI HOUSING COMMITTEE REPORT  WEDNESDAY, NOVEMBER: 11,2015 3:30P-M.-2MDFLOOR: CITYHALL, GASTONIA, NC  AGENDA ITEM ITEM1: tol Economic Incentive Agreement- Lawyers Building  DISCUSSION:  ACTION TAKEN:  2ND Amendment In September, 2014, the Economic Incentive The Committee voted  Agreement to rehabilitate and restore the historic unanimously (2-0)to Lawyer's Building on Main Avenue was extended recommend approval of the from February, 2015, to December 31, 2015 at the proposed revision to extend request of Mr. Nathan Kirby and his lenders. This is thel Economic Incentive the deadline by which $2.4 million in Capital Agreement for thel Lawyer's Expenses must be done. Work! has continued ont the Building to) June 30,2016.  property and significant investments have been made. The project is not complete, and Mr. Kirby is requesting an extension of time through June 30,  2016.  ITEM2: Update from Downtown Gastonia Merchants Association (DGMA)  Ms. Sue Ann Robb, Mr. Byron Smith, and Ms. Gloria The Committee accepted Cochran of the DGMA provided an update on the this asi information and will recent events that were held Downtown. Ms. Robb continue to workv with statedt the Zombie Walk wasl held: as scheduled during DGMA ini moving forward to the rain, and approximately 250 people attended. Ms. thel betterment of Cochran stated that even though the Downtown Downtown Gastonia.  Antique Festival was rescheduled because of rain, that approximately 750 people attended. She received positive comments from the vendors and attendees. Ms. Cochran also stated they have penciled in a date for next year. Ms. Cochran talked about the upcoming tree lighting on November 23rd, which will also include a Downtown window Mr. Byron Smith expressed his appreciation to the City for their support: and assistance ofthe DGMA. He also spoke of some of the issues that affect the merchants, such as crime, vagrancy, and empty buildings. Mr. Smith stated that Sergeant Scher, Gastonia Police Department is making his presence known and is making a big difference. With Sergeant Scher's help, the DGMA is starting their own Community Watch. Mr. Smith suggested that meetings be held with some oft the property owners oft the empty Downtown buildings to possibly assist them in their future plans for the properties. Staff will being the process of facilitating such meetings. Mr. Smith stated the next DGMA meeting will be held on Tuesday, November 17, 2015, at 9:00 a.m. at the Gastonia Conference Center. City staff will be represented: att those meetings to continue to work on  decorating contest for Christmas.  thesei issue with the DGMA.  ITEM3: IDEAL Applications: Christian (2)Envy Uniforms  IDEAL applications have been received for The Committee voted consideration from (1) Tim's Barber Shop and Your unanimously (2-0)to formerly leased his barber shop for the last 14 years. Envy Uniform'sg approval of  Christian Bookstore and (2) Envy Uniforms.  recommend approval ofMr.  (1)Tim'sBarber Mr." Tim Stanley, 148-150 East Main Avenue, recently amount Stanley's of granti $6,775, int the Shop and Your purchased this building that houses his business. He recommend Bookstore and Mr. Stanley, has requested a 50% grant oft the façade amount of $2,482.41. granti int the  andt to  improvement expenses of $2,100 and an up-fit grant of$4,675 toi install anl HVAC system.  EXHIBIT 14-1    CENTRALCITYREVITALIZATION. ANDI HOUSING COMMITTEE REPORT  WEDNESDAY, NOVEMBER 11,2015 3:301 P.M.-2 2ND] FLOOR CITYHALL, GASTONIA, NC Mr. and Mrs. Jeff McNeil, 215 S. Broad Street, are relocating from 201 E. Franklin Blvd. and have signed a three-year lease. They are requesting a $2,482.41 up-fit grant to help install new flooring at the new location. Inl November, 2012, the McNeils received: an IDEAL grant of $12,500 when it was named Carolina WorkWear att the 201 E. Franklin Blvd. location.  ITEM3 3: (continued)  ITEM4: Downtown Incentives  Discussion of Sincet thei inception of the IDEAL downtown economic Thisi item was] presented for  development incentive in March 2009, the success informational purposes at rate of IDEAL recipients has tracked closely the this time. success rate of new businesses nationally. In the program's six-year history, 25 grants totaling $145,021.81 have been funded to 24 new and existing Downtown merchants and property owners. Of the 24 recipients, 16 or 64%, are still in business. The amount granted those recipients still in business, $84,353.18, is approximately 58.1% of the total To further enhance the existing IDEAL incentive program and to encourage additionally projects, staff willl bring suggestions tot the next Committee meeting  granted to all recipients. for their consideration.  ITEM5:  Other Matters: The Committee suggested that the Gastonia  Downtown Tree Lighting, sponsored by Keep Gastonia, Beautiful, be scheduled the same day as the Gastonia Christmas Parade. Staff will contact the Gastonia Jaycees and Keep Gastonia Beautiful  regarding the 2016Parade.  Committee Members Present: Chairman' Todd Pierceall Mayor Pro' Tem Brenda Craig Committeel MemberAbsent Councilman Walt Kimble  EXHIBIT 14-2    MEMORANDUM  TO: FROM: RE: DATE:  Mayor & Council Ash Smith, City. Attorney October 28, 2015  2nd Amendment tol Economic Incentive. Agrement-Lawyers Building  In August of 2013, City Council and the County Commissioners each respectively approved an Economic Incentive Agreement to encourage the rehabilitation and restoration of the historic In September of 2014, each body amended their respective agreement att the request ofMr. Kirby and his lenders to extend the deadline by which $2.4 million in Capital Expenses must be done from February 2015 to December 31, 2015. The original agreement also envisioned ten annual Fixed Grant Payments of $58,755.84, and the: first payment due undert that clause oft the agreement would not have been due and payable until one whole year after the Completion Date of the renovations. The first amendment changed the Fixed Grant Payments from 10 annual payments to 120: monthly payments of $4,896.30, and provided that the first of those monthly payments wouldi begin 600 days after the Completion Date. Finally, the Variable Grant Paymentsi inj paragraph 2(b)(ir) of the agreement which are calculated based on a formula referencing the Ad Valorem Taxes paid byt the LLC are stilli tol be made on an annual basis, but the first Amendment reflected the changes requested tot the timeframe by goingt to the 2015-2016 fiscal year. Workl has visibly continued ont thej property and city staff (ina addition toi firea and! buildingi in the normal course of business) have toured the inside of the building and observed significant inspectors investments being made. That being said, thej project isi not completed yet and Mr. Kirbyi is asking for an extension oft time through June 30, 20161 to make the required capital investment of $2.4 million. To date, Mr. Kirby estimates he and his investors have spent $1.5 million on the and estimates thatt they willl haves spent $2 million by December 31,2015. Staff has reviewed the proposed revision and recommends approval due to the historic and economic significance that a revitalized and rehabilitated Lawyers Building would key provide to Gastonia'sh historic downtown. Additional information willl bej provided at your meeting! by] Nathan  Lawyers' Building onl Main Avenue in downtown Gastonia.  project  Kirby, managing member ofI Lawyers Building of Gastonia LLC.  Memo2837  EXHIBIT 14-3    SECOND AMENDMENTTO) ECONOMIC INCENTIVE AGREEMENT THIS SECOND AMENDMENT TO ECONOMIC INCENTIVE AGREEMENT LAWYERS BUILDING OF GASTONIA, LLC, a North Carolina limited liability company  ("Amendment") is made effective as of the ("Grantee"), andTHE CITY OF GASTONIA ("City").  day of  2015, by and between  WITNESSETH:  WHEREAS, Grantee and City executedi that certain. Economic Incentive Agreement by and between Grantee and City dated as of August 20, 2013 (the "Agreement"); WHEREAS, by Amendment dated September 26, 2014, the parties amended the terms ofthe original agreement toj provide for 1201 monthly payments instead of10a annual payments and to extend the date by which $2.41 millioni in Capital Expenses had tol be expended on1 the project WHEREAS, the parties desire to amend the Agreement as more particularly set forth herein. NOW THEREFORE, for good and valuable consideration, ther receipt and legal sufficiency of 1. Section 2(a)() is hereby deleted ini its entirety and replaced with the following:  from February 2015 tol December 2015; and  which arel hereby acknowledged, the parties agree as follows:  "Grantee shall have substantially completed the renovation oft the Property into ai mix-use commercialresidemtia.l building and expended at] least $2,400,000.00 in Capital Expenses  on or before June 30, 2016."  2. All other terms and conditions oft the. Agreement shall remain unchanged. Except as amended by this Amendment, the Agreement shall continue in full: force and effect, and the Agreement, as amended byt this Amendment, is hereby expressly approved, ratified, IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of  confirmed and reaffirmed by Grantee and City.  the date first above written.  GRANTEE:  LAWYERS BUILDING OF GASTONIA,LLG, aNorth Carolina limited liability company Nathan G. Kirby, Jr., Manager  By:  EXHIBIT 14-4    CITY:  THE CITY OF GASTONIA Edward C. Munn, City Manager  By:  2  EXHIBIT 14-5    #20140087  AMENDMENT TO) ECONOMIC INCENTIVE. AGREEMENT  THIS AMENDMENTTO BCONOMICINÇENTIVE AGREEMENT ("Amendment")is made effective as of thé 21 day of Spkn2014, by and between LAWYERS BUILDING OF GASTONIA,IIGANerE Carolina limited liability company ("Grantee"), and  THE CITY OF GASTONIA ("City").  WITNESSETH  WHEREAS, Grantee and City executed that çertain Eçonomic Incentive Agreement by WHEREAS, thé partiés dèsire to aménd the Agreement as more particularly set forth NOW THEREFORE, for good and valuable consideration, the receipt and legal Section 2() isl heréby déletedi in its entirety and replâced with the following: "Grantee shall have substantially completed the renovation oft the Property into amix-use commereialhesidential building and expended at least $2,400,000.00 2. Section 2(b)() is hereby deleted ini its entirety and replaced with thei following: "The City shall make one hundred twenty (120) monthly payments of $4,896.30 to Grantee for a total of teti (10), yéars (the "Fixed Grant Payments"). The first of the Fixed Grant Payments shall be due and payable within sixty (60) days oft the Completion: Date, with subsequent payments due ând payablé on the first of thé month following the first payment, providing 3. Section 2(b)(r) is hereby deleted ini its entirety andi ieplaçed with the: following: "In addition to the monthly Fixed Grant Payments, the City shall also make an ànnual payment to Grantee for a period of ten (10) yéats in the amount hereinafter determined ("Variable Grant Paymerits"). For puirposes of convenience only in quantifying the benefit to the City, the amount of each Variable Grant Payment shall be calculated as the difference between (a) the last payment of Ad Valdrém Taxes actually paid by Grantee prior tot the date of such Variable Grant Payment is due and (b) the Ad Valorem Taxes paid: for the fiscal 2015-2016 tax year ending on June 30, 2016. For the purposes of determining the annual Variable Grant Payments, the term #Ad Valorem Taxes" shall mean the assessed tax on the Property according. to Grantee's  ard between Grantee and City dated as of August 20, 2013 (the "Agreement"); and  herein.  stifficiency ofwhich arel hereby acknowledged, the parties agree asi follows:  1.  in Capitai Expensès on orl béfore December 31, 2015,"  that no unèured Event of Default shall be occurring."  EXHIBIT 14-6    "Business Personal Property" and "Real Properly and Personal Property" listings. The annual Variable Grant Payments shali bej 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 unchanged. Except as amended by this Amendment, the Agreement shall confinue in full force and éffect, and the Agreement, as àmended by this Amendment, is hereby expressly approved, ratified, confirmed IN'WITNESS WHEREOF, the parties hereto) have çaused this Amendment to be executed  and feaffirméd by Grantee and City. as oft fhe date first abeve written.  GRANTEE:  LAWYERS. BUILDING OF GASTONIA, LLC, aNorth Carolina limitedliability company By: 0M  CITY:  THE CITY OF GASTONIA SL  Elwadcww Titler clyllep  03  2  EXHIBIT14-7    Contrâct #20140027  CERTIFICATES  1. Approval as to form this 19 dayo of_ dept 2014  Melce ahyu  Oik City Attorey City of Gastonia  2. This instrument has been preaudited in the manner required by the Local Governmént Budget and Fiscal Control. Act, Article 3, Chapter 159 ofthe General Statutes ofNorth Càrolina.  Thist the 26 dayo of Sepkmbu,2014  Financial) Serviees ofGastonia uppuayg City  EXHIBIT 14-8    E-VERIFY. AFFIDAVIT  Each contractors submitting abidn must complete the following:  STATE OF NORTH CAROLINA COUNTY OF GASTON Affiant, NATHAN KIRBY  makes oath he/shei ist the (Title) MANAGER ("Contractor"); andi that:  of_ LAWYERS BUILDING OF GASTONIA, LLC,  (a) The Contractor isi inc compliance with the requirements oft fhe E-Verify program contained in Article 2 of Chapter 64 of the North Carolina General Statutes, which provides fhat each employér, after hiting an employee to worki in the United States, shall verify the work authorization of the employee through E-Verify in accordance with.NCGS564-260), and will comply with suchi requirements duringt thet term oft this contract; or () The Contractor has fewer than 25 employees withiit the State of North Carolina and is not subject tot the provisions of Articie2 2 ofChapter 64 ofthel North Carolina General Statutes.  A  Subscribed ands sworn tob before met this g4 dayof _Septenber - 20/4  Notary  Myc commission Expires:_  Lfle  2/9a/2019  RECA HOTARY PUBLIC COUH  EXHIBIT14-9    DI400B7  NORTH CAROLINA GASTON COUNTY  EÇONOMIC: INCENTIVE. AGREEMENT BETWEENLAWYERS: BUILDING OF GASTONIA, LLCANDTHB CITYOF GASTONIA: FOR.DOWNTOWN REVITALIZATION  THIS AGREEMENT is made and entered into this te20day of August, 2013 ("Contract. Date") by and between LAWYERS BUILDING OF GASTONIA, LLC ("Grantee"),a North Carolina limited liability company, andt the City of Gastonia (the' "City"), aNorth Carolina  municipal corporation.  WITNESSETH  WHEREAS, the City wishes to encourage the: restoration and rehabilitation of historic buildings WHRREAS, Grattee ist the owner ofa bertain historic property locally khown ànd designated as 130, 168 and 172 West Main Street, Gastonia, North Carolina (Tax Parcel D# 105905, 105906 WHEREAS, the City has' agreed tos make dertain grants to Grantee under the conditions set: forth below for purposes ofinsuring thei restoration andi rehabilitation ofthe Property: and WHEREAS, the Cify is enabled by North Carolina General Statue 160A-456 to provide eçonomic inçentiyes for the rehabilitation and restoration of priyate buildings, especially in an historic downtown where the incentives will improye the aesthetic character oft the surounding WHBREAS, the City Council of the City of Gastonia finds that the rehabilitation and restoration ofthe Lawyers Building will bringa substandard' building up to cuirent codes, re-open a building that has been closèd to thej public with no tenants for two décades, increase the tax basé and utility revènues accruing to the Gity, and oontribute to prèserving and enhancing the entire historic downitown business district for surrounding property owners and businesses and WHEREAS, the Property is located with the boundaries of the Gastonia Downtown Redévélapment Area adopted" by the Gastonia City Council in 1999 which is a redevelopment WHEREAS, by authorizing the execution of this Agreement, the City Council of the of Gastonia finds fhat in order to aid and encourage the revitalization and redevelopment City in Gastonia's histofic downtowh, it is1 necessary and deshrable to ptovide for the rénovation of thé Property and that the proposed Ténovation will improve the éçonomic conditions of the immediafe area, inoreasé texable property in the City, and increase business prospects of the City, and that the quality of the proposed development meets the economic goals, the design  ini its downtown; and  and 105908) (the" Property"); and  business distiict; and  area as definedby 160A-503; and  EXHIBIT 14-10    confrol criteria oft the Gity as reflected int the City's ordinances and thei regulations, and thel land-  use. goals ofthe City Council, ITIS AGREED. AS) FOLLOWS;  1.  DEFINITIONS.  (a) "Capital. Expènses" includes, but is not limited to, site work, sité improvements, selective demolition, architectural, engineering and surveying fees, environmental temediation, concrete and masonry work, metal work, façade work, doors, glass & glazing, drywall, flooring, painting, furnishing, fincluding all: necessary furniture, fixtures and equipment for the operation of both the Hotel and Restaurant (as hereinafter definéd)), fire protection, plumbing, HVAC, electrical work and àny other expenditure as defined by U.S. Treasury. Regulation 1.48-1(€)(2) that qualifies as a qualified rehabilitation expenditure (QRE) m determining the historic tax (b) "Property" is the land and building(s) located at 130, 168 and 172 West Main Street more precisely as Tax Parcel ID# 105905, 105906 and 105908, and colloquially. referred (o) "Room Night" is defined as one hotel room obcupied for one night for which  credits (but excluding any developer fees). to ast the Lawyèrs Building." Grantee: reçeives payment. 2. PAYMENTS.  (a) Completion Date, The "Completion Date" shall be dâte upon which the last ofthé @) (Minimm. Expenditures) Grantee shall haye substantially completed the ienovation the Property into mix-use commercialesidential building and expended at least $2,400,0001 in Capital Expehses within eiglhtéen (18) months ofthe Contract Date; (t) (Site Improvements) Grantee shall have constructed a surface parking Iot consisting of at least twenty (20) parking spaces on the Property ("Parking Lot) and (i) (Certficate of Complignce) Grantee shall have obtatued from the Gastonia City Inspections Department, a final cerfificate of compliance (refèrzed to below as "CO") allowing accupancy or use, for: residential and/or commercial uses on the (v) (Other Govermmenta! Approvals) Grantee shall have obtained all pther governmental certifiçates and approvals. necessary for the operation of the Hotel and  following have been satisfied by Grantee;  paved thej patio/çourtyard area ont the Property ("Couttyard");  Propertys and  Restaurant as hereinafter defined.  2  EXHIBIT 14-11    (b) Schedule ofPayments.  () The City shall make ten (10) annual payments of $58,755.58 to Grantee for aj period of ten (10) yeârs ("Fixed Grant Payments"). The first oft the Fixed Grant Payments shall be due and payable within sixty (60) days oft the first anniversary of the Completion Date. Subsequent Fixed Gant Payments shall be made within sixty (60) days of each anniversaty of the Completion Date theréafter provided that no uncured (u) Coneurrently with each Fixed Grant Payment, the City shall alse make an annual payment to Grantee for a period of ten (10) years in the amount hereinafter determined ("Variable Grànt Payments"). For purposes of convenience only in quantifying the benefit to the City, the amount of each Variable Grant Payment shall be calcnlated as. the difference between (a) the last payment of Ad Valorem Taxes actgally paid by Grantee prior to the date of such Variable Grant Payment is due and (6) the Ad Valorem Taxes paid for the fiscal 2013-2014 tax year ending on June 30, 2014. For the purposes of défermining the Variable Grant Payments, the term *Ad Valorem Taxes" shall mean thè assessed tax on the Property according to Grantee's "Business Pérsonal (c) Prerequisites to Fist Grant Payments, The City shall not be obligated to make thei initial Grant Payments until such time as Grantee has pravided the City with the following  Event ofDefault shall be occuring,  Property" and' "Réall Property and Personal Property" listings.  documehtation:  () A full copy of the audited çost certification detailing the expenditues compromising the Capital Expenses, which certification shall be accompanied by of any invoices, putchase orders, contracts, cancelled checks and othèr evidence utilizéd copies  byt the Accountants inj preparting such cost certification; and  () Ai full copy ofthe National Park Servicel Part3 3 approval.  3. TMEOF ESSENCE FOR ALLI DATESANDI DEADLINES Time is oft the essençe 4. AFFIRMATIVE COVENANTS Until such time as the last of the Fixed Grant Payments and Variable Grant Payments (çollectively referred to as the "Grant Payments") have (a) Grantee shall promptly pay ànd discharge all taxes, àssessments, utility other governmental charges which may be lawfully levied against thè Property charges and all impiovemerits located thercon, and also all lawfyi claims for labor or material and which, if unpaid, may beçome al lien or a charge against the Property unless Grantee is supplies (b) Grantee shall confom to, coimply with, and obtain all required pèrmits, and licenses. required by all réshictions, buildings laws, health codes, euvironmental regulations, consents, safety tules, and zoning and subdivision laws and regulations relating to construction and  fora all dates and deadlines in this Agreement,  been made:  or validly  contesting any such matter.  3  EXHIBIT 14-12    operation of the Property and with all other applicable statutes, laws, ordinances, rules, and regulations of the United States, oft the state and municipality in which the] Pioperty is located and ofany other governmental division, board, ot officer having or claiming, jurisdiction over the (G) Grântee shall obtain all necessary permits, licenses, consents and other approvals (d) Grantee shall operate or contract for the opération ofa full-service restaurant oi the ground floor oft the Propetty ("Restaurant"y which shall be opent to the public at least six (6) (e) Grantée shall operate a hotel 011 the Property open to the public thee hundred sixty-five (365) days per year with al lobby in the ground floor and a minimum of thirty (30) guest rooms loçated on thé mezzaniné and floors 2 though 5 (collectively refened to as the (f) Grantèe shall: from time to time be allowed to close all Qi a portion of the Hotel and/or Restaurant due to acts of God or other emergencies beyond the reasonable control of Giantee; during which time Grantee shall not be required ta comply with Sections 4(d) and 4(e), above, so long as Gantee is in goad faith attemptiag to reopen the. Hotel and/or Restaurant by zemedying the problem causing the closure. Any Grant Paymehts due to be.paid during any such closuré shall be held in escrow by the City until stich time as the Hotel and/or Restaurant 5, UPFIT, MANAGEMENT AND OPERATION OF HOTEL AND RESTAURAAT Grantee shall, during the entire period of this Agreement, maintain the Hotel and the Restatrant a. The upfit, furiture and fixtares oft the Hotel and the aménities provided in éach hotel toom shall be to a lèvel sufficient to obtain and: maintain a three diamond rating fiom the American, Automobile. Association"AAA"): ekcept to the extent thats such a rating would require meeting ropms, a swimming pool, ai fitness center or other facilities not feasible due to the size and historic nature of the Hotel. Such other applicable hotel rating syster the paities may mutually agree upon may bé substituted in writirig by bofh parties fort the AAA rating system at b, Grantee shall pérform thei rehabilitation ofthe Property according to the Secretary oft the Interior's Standards: for Rehabilitation, codified as 36 CFR67. Grattee shall use its best efforts to use the same level of quality finishes that were originally used in the structure. Substituttons are acceptable where fhé original material is unavailable, is cost probibitive, is unsafe, or otherwise unacceptable, provided however that they mimic the Iook, feel or quality of C. Grantee shall employ, either directly or by entering into a management contract with a qualified management- company with experience in the hotel industry, sufficient qualified  Properly.  fort the construction and operation ofthel Property.  days per week.  "Hotel").  reopens.  ing good condition andi repair and shall comply with the: following conditions:  anyt time duringt thé term ofthis Agréement,  thei material.  EXHIBIT 14-13    persomel to manage and stafft thel Hotel, Such staff shall include a general manager who devotes d. Grantee shall operate or contract for the operation of the Restaurant which shall provide, ata minimum, table service for breakfast and dinner. Any contract for the operation of the Restaurant shall be with an entify experienced in the overall operation of fall service  his or her fullt time tot the operation oft the Hotel,  restaurants. e.  The Property shall be kept clean and well-maintained throughout. The Hotel ànd f. The Hotel shall maintain an average Occupancy rate of at least 30% deteimined  Restaurant shall; maintain sanitations ratings of95 or above. for each twelve-month measuring period using the following formula:  Rooml Nights Total Rooms X365  The first measuring peziod for the above formula shall beginning on the first annivèrsary of the Completion Daté ands shall continte until the last oft the Grant Payments have been made by the 6, ADDRESSES AND NOTICES. Prior to the paymeht of the fist of fhe Grant Payments, Grantee shall direct the City in writing às to the method of delivery of the Grant Payménts. When ai notice is required or permitted by this Agréement, it shall be hand-delivered,  City.  mailed or courier tot the City by delivery to:  City Manager City ofGastonia POJ Box 1748 Gastonia NC27701 and to Giantee by délivery to: Nathan Kirby, Manager Lawyers Building ofGastonia, LLC 1421-A East) Franklin Boulevard, PMB-279 Gastonia, NC 28054  Either party may change the address by giving notiçe of the change to the ofher party. Notice is deemed reçeived @) when iti is handed to an employee of the other party located at the address stated in this sèction, () in Oàse of mailing, on the third business day after iti is deposited in à post-paid envelope in aj post office or official dépository under the exclusive çare and custody of thel United States) Postal Service or (i) on tlie date ofa delivety. by a recognizednational courier: 7. NONDMCRIMNATION No person shall on the grounds ofi race, color, national origin, réligion or sex be excluded fiom partieipation in, bé denied the benefits of, or be. subjécted to discimination under any program or activity funded in whole or in part by any  5  EXHIBIT 14-14    payment made pursuant tot this Agreement, No otherwise qualified haridicapped individual in the United States shall, solely by reason of handicap, be excluded firom the participation in, be denied the benefits, or be subjected to discrimination under any program or activity receiving 8, ASSIGMMENT Without the City's written consent, not to be upreasonably withheld, conditioned or delayed, Grantee shall not assign any ofits rights (ncluding the rightt to paymenf) or duties that axise out of this Agreement. Such prohibition shall not apply to the delegation ofi responsibilities to contractors or agents. utilized in the réhabilitation or operation of the Propeity by Grantee from time-to-time, The City Manager may consent to an assignment without action by the City Council. Unléss the City otherwise agrees ins writing, the Grantee and all assignees shall be subject to all of the City's defenses and shall be liable for all of the Grantee duties that arise ouf ofthis Agreement and all of thé City's claims thât arisè out of this Agreement. Notwithstahding: anything herein to the contrary, this Agreerhent may bé collaterally assigned to any lender holding a deed oftrust on the Propèrty as additional çollatéral: for the loan ofs such lender. Ini the event ofaf foreclosure esulting ina at transfer of the. Property to such lender dr transferee. at foreclosure, then the. rights of Grantee under this Agreement shall be automatiçally transforred to such transferee so long as such transferee agrees in wiiting to be 9, MODIFICAYIONS BY WRITTEN AGREEMENT: NO OTHER CURRENT AGREEMENTS: WAIVERS: PERFORMANCE OF GOVERNMENT RUNCTIONS: REBERENCES TO SECTONS. This. Agreement may be modified only by à written agréement exècuted by both parties heteto. Further, a modification isi not enforceable against the City unless itis signed by the City Managér, There are noj promises, agreements, conditions, inducements, watrânties, or understandings, written Qr oral, expressed or implied, between the parties, ofher than as set; forth or referenced in this Agreement. No action or failute to act by éither parly shall constitute a waiver of any of its rights or remedies that arise out of this Agreement, nor shall such action or failaré to act constitute approval of or acquiescence inal bréach therennder, except asi may bè specifically agreed in writing. Nothing contained in this Agreement shall be deemed of construed so as toi in any way estop, limit, or impair the City from exercising or performing any regulatpry, policing, legislative, governmental, or other powers ori functions, This Agreement isi intended for the benefit of the City and Grantee and not any other person. Unless the context requites othèrwise, references ini this Agreement to Sections are references to Sections contained int this Agréement. Section titles, including Teferences to Sections with their titles (as in *Section X(a)()(title afX@"%, is for çonvenienee only, and the titles are not intended to affect the 10. PRALITAMPTERMAATOL City reserves the right to suspend all or part of thef financial obligations herein provided, if any one or more oft the following events ("Bvents of Default") shall pçcur: (a) Grantee shall fail to perform or observé any of the covenants or agreements contained: in this Agreement; or (b) any representation or waranty made by Grantee in this Agreemênt shall prove tol be incorrect in any material réspect as oft the date on which it was made, Ifa anl Event of Default occurs, pripr to exercising any remedies hereunder, City shall give Grantee written notice, Ifthe Event ofI Default is reasonably capable of being cured within thirty (30) days, Grantee shall have such period to affect a çure prior to the exercisé oft rémedies by City dndert this. Agreemhent. Ifthe) Event oft Default iss sucht thati iti is not réasonably capable oft being  financial. assistance pursuant toi this Agreement.  fully bound andi liable under this Agréement.  meaning ofthis Agreement,  6  EXHIBIT 14-15    cured within thirty (30) days, and if Grantee (a) initiates corrective action within thirty (30) days, and (b) diligently, contingally, and in good faith works to effect a cure as soon as possible, then Grantee shall have such additional time as is reasorably necessary to cure thé default prior to exercise ofa auy remmedies by City,. In no event shall City be ptecluded from ekéicising remedies if the Event ofDefaulti isI not cured within one hundred twenty (180) days after the: first written notice of default is given. Ff an. Bvent of Defanit occurs which Grantee fails to remedy as provided herein, City may terminate this Agreement and make no further payments to Grantee. In no event shall Grantéel bei in default hereunder ifthe delay ori failure to obtain any such permit, lieense, corsent or ofher approval from the City is due to the unreasonable delay, negligênce or willful 11, FORUM and CHOICE OFLAW, This Agreement shall be deemed made in Gaston County, North Carolina, This Agreement shall. be goyerned by and constryed in accordance with the laws of North Carolina, The exclusive. forum and venue for all actions arising out of this Agréemerit shall be the State of North Carolina Court located in Gaston Çounty. Such actions shall neither be commenced: ini nor removed.t to Federal dourt. This seotion shall not apply to subsequent actions to enforce aj judgment entered in actions heard pursuant to  misconduçt oft the City,  this section,  12. INDEMNTRICATION  (a) Indemmification. To the maximum exfent allowed by Iaw, Grantee shall MS defend, indemnify; and savel hatmless Indemnitees from and against all Charges that arise in any mahner fiom, in connection with, or out of fhis Agreement as a result of acts 01 omissions of Grantee or its contractors, Suboontrabtors or anyone directly oi indirecfly employed by apy,df them or anyone for whose acts any of fhem may be liablé. In performing" its duties under this subsection (a), Grantee shall at its sqle expense defend  Indemnitees with legal counsel reasonably acceptable to City. (b) Defmitions. As usedi in subsections (a), above:  "Charges" means claims, judgments, costs, damages, losses, demands, liabilities, duties, obligations, fines, penalties, royalties, settlements, and expenses (includéd without limitation within "Charges" ate interest àud reasonable  attorneys' fees assèssed as part ofany such item). contractors, agents, ard employees, excluding Grantee,  Indemnitees" means City and its officers, officials, independeut (C) Other Provisions Separate, Nothing in this section shail affect any warranties in favor of fhe City that ate otherwise provided in dr arise out of this Agreement. This section is in addition to and shall be construed separately fjom any (d) Surviydd, This section shall remain in forcé despite termination of this  other indemnification provisions that may bei int this Agreement, Agreement (whetherb by expiration afthet term or otherwise).  7  EXHIBIT 14-16    (e) Limitations of Grantee's Obligation. If this section is in, or is in connéction with, a contract relative tot the desigr, planning, construction, alteration, repair or maintenance. of the Property, then subsection (a), above, shall not réquire Grantee to indemnify or hold harmless Indemnitees against liability for damages arising out of bodily injury to persons or damage to property pfoximately caused by or resulting from IN WITNESS WHEREOF, the Gity has caused this Agréemient to be execuited by its duly  thet negligence, in whole ori inj part; ofIndemnitees.  authorized offiçer,  CITY OF GASTONIA SNL Edward C. Munn, City Manager  ASIO SEAL)  By:  ATTEST: ligina lupt - VirginiaL. Creighton, CIySE  APPROVED ASTOFORM: T CITY ATEORNEY  X  Pre-audit çertificate  Agree/343  EXHIBIT14-17    IN WITNESS WHEREOF, Grantee hàs cansed this Agreement to be executed by its duly  authorized officer.  LAWYERS BUILDING OF GASTONIA, LLC, aNorth Carolina limited liability company By: A  STATE OFI NORTH CAROLINA COUNTY OF Gastan  Lrginia LErighton  aNotary Public offhe County and State  aforesaid, cértify that NATHAN KIRBY, either being pérsonally known to me or whosei identity was proven by satisfactory evidenced, personally came before me this day and acknowledged that he is the Manager of LAWYERS BUILDING OF GASTONIA, LLC, a North Carolina limited liability company, andt that by authority duly given and as the act ofs such limited liability compàny, he voluntarily signed the foregoing instrument in the name and on behalf of said  limited liability company fort thej purposes seti forth herein.  Septembr day ofAugust: 2013.  WITNESS my hand andi notarial seal, thist the_ gu  tip GREI POTARY PUBLIC OOUNT  ligilejk  Notary Public  My Commission Expires: 2/a2/201  9  EXHIBIT 14-18    GASTONIA Great Place. GreatPeople. GreatPromise. MEMORANDUM  Date: To: From: Subject: IDEAL Applications Committee's meeting packet.  November 2, 2015 Ed Munn, City Manager  Rachel Bagley, Managing Executive-Marketing and Revitalization Initiatives Items for Central City Revitalization and Housing Committee  There aret two IDEAL applications for the Committee's consideration and recommendation. Following Tim's Barber Shop and Your Christian Bookstore, Tim Stanley, 148-150 East Main Avenue Mr. Stanley recently purchased the building at 148-150 East Main that houses his business, Tim's Barber Shop, and the business next door, Your Christian Bookstore. Mr. Stanley leased his After purchasing the building, Mr. Stanley made a number ofe exterior andi interior improvements he plans tor make additional improvements int the near future. On the exterior, he had the entire and building painted, which included the front and back of both businesses as well as the side oft the building facing the adjoining parking lota and alley. Hei is adding additional: signage on the side of the building to) help cover cracks int the wall and improve the appearance. He also had new window estimates: for thet façadei improvement totaling $4,200. Per the IDEAL guidelines, paid receipts he is and for 50% oft thei façadei improvement expenses upt to a total grant amount of $2,500. He is eligible Oni thei interior, he painted the walls and barber stations. Mr. Stanley also plans to add an HVAC system, which wasi never installed by the previous owner for his side oft the Christian Bookstore side of thel building is equipped with an HVAC system.). building He has (The) included Your a receipt for $1,500f for thei interior painting and a contractor estimate of $7,850 for the HVAC paid installation. Per IDEAL guidelines, hei is eligible for up to $5,580 based on the square His total IDEAL grant request is: $6,775. Per the IDEAL guidelines, the CCRHC  isas summary oft the grant requests. The application and supporting data is also  provided int the  from the previous owner for 14 years before purchasing the property.  space  signage and lighting installed for both businesses. Mr. Stanley hasi included  $2,100.  requesting  oft the footage recommend may  building's leased space. Hel has requested $4,675. any or all oft the awards outlined above att their discretion. Envy Uniforms, Jeff & Mary McNeill, 215 S. Broad St. three-year lease ont the location at2 215 S. Broad St.  Envy Uniforms, formerly Carolina Workwear, is moving from its previous location at 201 E. Franklin Blvd.to another downtown location at215S S. Broad St. The McNeills sayt they are the owner of the Franklin Blvd. buildingi is planning tos sell the property. The McNeills relocating have signed because They are requesting a $2,482.41 up-fit grant tol helpi install new flooring int the new location. contractor estimate of $4,964.81 ini included. Pert the IDEAL guidelines, they are eligible for A 50% of up-fite expenses upt to at total grant amount of $3,700 based on the leased square footage. The CCRHC may recommend any or all oft the award outlined above at their discretion. Committee's information, the McNeills received IDEAL up-fit and rent November 2012 totaling $12,500 when it was named Carolina WorkWear grants and located  a  fori their business For the  in at the 201 E.  Franklin Blvd building. IDEAL 2015-2016 Actual Budget IDEAL budget FY: 2015-2016 Grants awarded to date: Standard Partners, LLC Remaining for disbursement  The IDEAL budget allocation for FY: 2015-2016 is $20,000; $12,500 of which has not been allocated.  $20,000 $7.500 $12,500  EXHIBIT 14-19    ASTONIA Great Place. Great! People. Great Promise. MEMORANDUM  Date: To: From: Subject:  August 31, 2015 Ed Munn, City Manager  Rachel Bagley, Managing Executive-Marketing and Revitalization Initiatives Item for Central City Revitalization and Housing Committee September 9, 2015  Meeting re: Downtown incentive program  IDEAL Program Summary  The IDEAL downtown economic development incentive was initiated in March 2009. In the program's six-year history, 25 grants have been funded to 24 new and existing Downtown merchants and property owners totaling $137,521.18. Oft the 24 recipients, 15, or 62.5%, are still in business. The amount granted those recipients still in business, $76,853.18, is approximately The success rate of IDEAL recipients starting new businesses has tracked closely the success rate of new businesses nationally. A1 table comparing the success rates ofr new business owners Initially, the IDEAL program was designed to provide grants to new, eligible restaurant, entertainment, andi retail businesses for rent and up-fit expenses. Subsequently, in response to requests from other vested downtown interests, the program has been expanded and, in some cases, revised to provide grants suitable for a wider array of downtown development projects. Grants are now available for eligible existing business owners, property owners, developers of residential units, service businesses, and non-profits. At the same time, based on the limited budget for IDEAL funds and the success rate of businesses that received rent subsidies, the rent With ther recent addition ofs several new businesses and what appears to be ane escalating interest in both commercial and residential downtown development, the Committee may want to review. the existing IDEAL: incentive program for further revisions and enhancements that will encourage  55.8% oft the total granted to all recipients.  receiving IDEAL grants with the national average accompanies this memo.  incentive was discontinued inl lieu ofa al larger budget for up-fit grants.  additional projects.  EXHIBIT14-20    Updated: 10-12-15 date (Closed before total usingt grant  IDEAL Grant Recipients & Status of Grants  Business Name/Applicant Scarabelli's Restaurant Jerry Biggers, Matthew Scarabelli (Italian restaurant) 141 W. Main Ave., Suite 101 The Bottle Shoppe (Margaret Mauney) (retail wine shop & wine bar) 1741 W. Main St. Susan C. Anthony (Susan C. Anthony) (retail gift shop) 170 S. South St. Anne Wiggins 251 Main St. Freeman's Pub (Brad Freeman) Address Spindle City Café (Cole Witten) 207 W. Main Butler Art Education (Curt Butler) (arts school) 171 W. Main Ave., Suite 320 South Street Arcade, LLC (Greg McAllister) 11/16/10 Standard Building, 1stflr 156 South St. Anntony's Tropical Tavern (Dr. Tony Martin) 3/15/11 (Caribbean restaurant) 141 W. Main Ave. Suites 101-102 Distinct Beat Audio (Byron Smith) (car stereo retail, repair & installation shop) 122 S. Oakland St. JF Roberts Insurance, LLC (Joel Roberts) (Nationwide Insurance agent) 235E. Main Ave. (Private lounge) 324 W. Main Ave. Miller & Kasper (Michael Koledin) (Hot dog shop) 101 W. Main Ave. Mary McNeill) (Work uniforms &s safety equipment) 201 E. Franklin Terry Albright Kenny, P.C. 117 (Attorney). E. Main Ave. JF Roberts Insurance LLC (Joel Roberts) (Nationwide Insurance agent) 235 E. Main Ave.  Date Approved 3/17/09 3/17/09 3/17/09  Amt. granted Amt. paid to Rent: $12,075 $9,040.25 Rent $6,450/yr $6,450 amt.) Rent: $7,500/yr $4,468.38 Rent: $10,800/yr amt.) $10,800 $6,393/yr $5,860.25 Rent: $5,000; Rent:$5,000 Up-fit: $5,000 Up-fit: $5,000 Rent: $1,386/yr; Rent: $1,155 Up-fit: $1,386 Architectural grant $1,200 Rent: $22,510 $7,000 Rent: $6,000/yr; amt.) Up-fit $618.73 Rent $6,000 Rent: $3,300 Up-fit: $3,300 Rent: $3,300 Rent: $3,855 Up-fit $3,855 Up-fit: $3,855 Architectural grant: $1,250 Rent: $9,000 Rent: $9,000 Up-fit: $3,500 Up-fit: $2,938.93  (Closed before using total grant  251 Main Home Décor & Christmas Store 3/17/09  3/17/09 10/20/09 7/20/10  Rent:  Up-fit: $1,386 $1,200 (Closed before using total grant Up-fit $0 Up-fit: $3,300 Rent: $3,855 $1,250  10/04/11 03/20/12  Southern Crescent (Melanie & Steve Stines) 03/20/12  05/01/12  Piedmont Safety/Carolina WorkWear (Jeff & 11/06/12  11/06/12 06/18/13  Façade Improvement $2,500 Façade $1,000 Improvement  $2,500 $1,000  EXHIBIT 14-21    Business NamelApplicant  Date Approved 03/04/14  Amt. granted Amt. paid to  date $2,500 $7,500  Loughridge Family LLC (John! Loughridge, 11/19/13 mgr. partner) (Landlordi for Dale's Small Engine) 242 E. Franklin Blvd. EuroStar Construction (John Ghencian) (Developer & Landlord for South St. Plaza Apts.). 200 W. Main Ave. Parkes) 330 S. York St. Chic Nail Spa (Ail Nguyen) 116S. South St. LeNique Salon & Spa (Monique Kelly) 320 W. Main Ave. The Neecel Law Firm (Michael Neece) 108 E. Main Ave. Cassels) 127 W. Main Ave. Life of Pie (Daniel Robb) 101 W. Main Ave. Lilly's Italian Bistro (Jerry Simonetti) 141 W. Main Ave. 201 Parkes) W. Main Avenue. TOTAL to date  Façade Improvement $2,500 Façade Improvement & Up-fit: $7,500 Up-fit $4,488 $4,488 Up-fit: $3,400 $3,400 Up-fit: $3,000 Façade: $2,500 Architectural Up-fit Services: $2,775 $1,250 $4,025 Architectural Services: $1,250 Up-fit: $4750 Architectural Up-fit Services: $7,000 $1,250 Façade: $1,500 $8,500 Up-fit: $5,000 $7,500 Façade: $2,500  Brad Parkes State Farm Insurance (Brad 03/18/14  04/15/14 07/15/14 09/16/14  $3,000 $3,750  Hive Supplies for Arts & Living (Merryman 09/16/14  03/17/15 05/19/15  $6,000  Standard Partners, LLC (Tom Cox & Brad 09/15/15  $145,021.81  EXHIBIT 14-22    EXHIBIT 14-23    888  6  dg  EXHIBIT 14-24