Page 29 Page 29 GASTONIA CITY COUNCIL MEETING SEPTEMBER 6, 2016 6:00 P.M. CITY COUNCIL CHAMBER CITY HALL GASTONIA, NC Mayor John Bridgeman called the meeting to order at 6:00 p.m. on Tuesday, September 6, 2016 in the City Council Chamber, City Hall, Gastonia, North Carolina. Councilman Gallagher introduced Mr. Kevin Holderness, President, Gastonia Stake of the Church of Jesus Christ of Latter Day Saints, to open the meeting with prayer. Mayor Bridgeman led the audience in the Pledge of Allegiance to the flag. Sherry H. Dunaway, City Clerk, recorded the minutes. PRESENT: Mayor John D. Bridgeman Council Members: Robert Kellogg David R. Kirlin James Gallagher Todd Pierceall Porter L. McAteer David Humphries City Manager: Edward C. Munn City Attorney: L. Ashley Smith ADOPTION OF THE AGENDA Councilman Gallagher made a motion to adopt the Agenda as printed. Mayor Pro Tem Pierceall seconded the motion and Council approved it unanimously. APPROVAL OF THE MINUTES APRIL 9, 2016 Councilman Kellogg made the Motion to approve the minutes. Mayor Pro Tem Pierceall seconded the motion and Council approved it unanimously. AWARDS, CEREMONIES AND PROMOTIONS (1) Proclamation Constitution Week Mayor Bridgeman recognized Mayor Pro Tem Todd Pierceall for this presentation. Mayor Pro Tem Pierceall read and presented the Proclamation to Dana Harper, Major William Chronicle Chapter, Daughters of the American Revolution proclaiming September 26, 2016 as Constitution Day and Citizenship Day and September 17 September 23, 2016 as Constitution Week. - 29 -
Page 30 Page 30 Ms. Harper expressed her appreciation and thanked the Council for the Proclamation on behalf of herself and all other Chapters of the DAR that are located in Gastonia. (Reference as contained in Exhibit Book 1 to Minute Book 106 at Page 38). (2) Proclamation Fire Prevention Week Mayor Bridgeman recognized Councilman David Humphries for this presentation. Councilman Humphries read and presented the Proclamation to Chief Phil Welch, Gastonia Fire Department. Chief Welch expressed his appreciation on behalf of the Fire Department for the Proclamation and stated during the month of October they will visit all 4 th grade classes in the City and also nursing homes to educate on fire prevention. (Reference as contained in Exhibit Book 1 to Minute Book 106 at Page 39). PUBLIC EXPRESSION Mayor Bridgeman recognized Mr. Don Barkley, 3101 Whitson Road, Gastonia, who has signed in to speak. Mr. Don Barkley stated that on May 17 th, the Council passed a Resolution to do away with part of the Greenway. Mr. Barkley distributed a copy of the Resolution and Memo that has been incorporated into the exhibits. Mr. Barkley stated in the attached memo it states that DOT requested this action and if they did, he would like to receive a copy of the request. (Reference as contained in Exhibit Book 1 to Minute Book 106 at Page 40). CONSENT AGENDA Councilman Gallagher stated he would like to have Item #5 Service Contract for Internet and Phone pulled from the Consent Agenda. ITEM 1: RESOLUTION AUTHORIZING THE CITY OF GASTONIA TO ENTER INTO AN AGREEMENT WITH THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION-PUBLIC TRANSPORTATION DIVISION FOR SECTION 5303 GRANT FUNDS TO CONDUCT TRANSIT PLANNING ACTIVITIES IN FY 2016-2017 (Reference as contained in Exhibit Book 1 to Minute Book 106 at Page 41). - 30 -
Page 31 Page 31 ITEM 2: ITEM 3: ITEM 4: ORDINANCE TO DEMOLISH 720 N. YORK STREET (OWNER) FRIENDSHIP BAPTIST CHURCH OF GASTONIA, INC. (Reference as contained in Exhibit Book 1 to Minute Book 106 at Page 42). FINAL RECORDING PLAT BETHESDA OAKS PHASE 3A MAP 2 (Reference as contained in Exhibit Book 1 to Minute Book 106 at Page 43). ROUTE MODIFICATION SOUTH MARIETTA BUS ROUTE #3 (Reference as contained in Exhibit Book 1 to Minute Book 106 at Page 44). Mayor Pro Tem Pierceall made a motion to approve the Consent Agenda minus Item #5. Mayor Pro Tem Pierceall Councilman Kellogg seconded the motion and Council approved it unanimously. ITEM 5: SERVICE CONTRACTS FOR INTERNET AND PHONE Councilman Gallagher asked about the outage with Windstream. Ms. Beverly Bieker, Chief Information Officer, reported there had been two outages. Ms. Bieker stated going forward we now have TSP Codes which means we will now get top priority should there be any failure. Councilman Gallagher made a motion to approve. Mayor Pro Tem Pierceall seconded the motion and Council approved it unanimously. (Reference as contained in Exhibit Book 1 to Minute Book 106 at Page 45). Mayor Bridgeman recognized two Boy Scouts in the audience. Master Paul Rogers introduced himself and stated he is from Troop 28. Master Patrick Gibson also introduced himself and stated he also is from Troop 28 and their Scoutmaster is Mr. Dan Baker. Master Rogers stated they are here to work towards their Communications badge. REGULAR AGENDA PUBLIC HEARING FOR FLOOD STUDY YMCA FLOOD STUDY - 31 -
Page 32 Page 32 Mayor Bridgeman declared the Public Hearing open. Mayor Bridgeman recognized Mr. Tucker Johnson, PE, Assistant City Engineer for this presentation. Mr. Johnson stated this is a Public Hearing for a request for special exception to the City s No Rise Ordinance. Mr. Johnson stated the YMCA has submitted a site plan and a flood study for encroachment into the 100 year flood plain. Mr. Johnson stated staff recommends approval of this special exception to place fill within the designated flood zone. Mr. Johnson stated the Planning Commission voted unanimously to approve this special exception. Mr. Johnson noted that Mr. Kevin Caldwell with the Geoscience Group performed the flood study and he is here tonight to answer technical questions regarding the flood study itself should anyone have questions. Mr. Johnson noted that Mr. Tony Sigmon is also present should you have any questions for the YMCA. Mayor Bridgeman Called Mr. Kevin Caldwell forward who has signed in to speak. Mr. Caldwell stated he is a Civil Engineer with GeoScience in Charlotte, North Carolina. Mr. Caldwell presented the proposed findings of fact and answered questions from Council. Mayor Bridgeman recognized Mr. Frank Craig, 2543 Gleneagles Dr., Gastonia, North Carolina who has signed in to speak. Mr. Craig stated he was here to answer questions about the site. Mr. Craig stated the project is moving fast and going very well. Mr. Tony Sigmon, 3827 Yellow Jasmine Drive, thanked the Mayor, Council and Staff for the work they have done to make this project go smoothly and the YMCA is very appreciative of the City of Gastonia. Mayor Pro Tem Pierceall made the Motion to close the Public Hearing, accept the Findings of Fact as outlined in the exhibit and approve as recommended by Staff. Councilman Gallagher seconded the Motion and Council approved it unanimously. (Reference as contained in Exhibit Book 1 to Minute Book 106 at Page 46). REQUEST FOR RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS: S. SOUTH ST. 2 ND to 3 RD AVENUE STORM DRAINAGE IMPROVEMENTS - 32 -
Page 33 Page 33 Mayor Bridgeman recognized Mr. Rusty Bost, P.E. Director of Engineering for the presentation. Mr. Bost stated staff has worked with the property owners to voluntarily acquire 3 of 5 easements. Staff has been working diligently to acquire these necessary easements, for the various reasons as noted in your exhibit. Mr. Bost noted two property owners have not signed the transfer agreements, and staff recommends that the pursuit of condemnation proceedings will be necessary to acquire these easements. Further discussion ensued. Mayor Pro Tem Pierceall stated he wanted it be publicly known that Community One Bank is cooperating. Mayor Pro Tem Pierceall made the Motion that we proceed with the condemnation of the Cornwallis Investments, LLC, Partners property and the Community One Bank property as presented. Councilman Kellogg seconded the Motion and Council approved it unanimously. (Reference as contained in Exhibit Book 1 to Minute Book 106 at Page 47). CITY ATTORNEY S REPORT Mayor Bridgeman recognized Mr. Ashley L. Smith, City Attorney for this report. Mr. Smith stated at end of the meeting Council will be asked to go in Closed Session to discuss two cases and we will have to ask the audience to leave at that time. Mr. Smith noted that we will come back into open session to adjourn. CITY MANAGER S REPORT Mayor Bridgeman recognized Mr. Ed Munn, City Manager, for this report. Mr. Munn stated that Councilman Kellogg asked for an update on our work with the opiate issue and he recognized Chief Helton for this report. Chief Helton stated the opiate problem is a problem that we are facing in our community through prescription drugs and through illegal drugs. Chief Helton stated we are moving towards a drug diversion and treatment program that we call DDAT. Chief Helton noted that we are trying to come together with as many professional organizations as we can to address the problem. Chief Helton stated one of our partners is Caromont Hospital and they are providing Narcan to our law enforcement officers across the county at no cost. Chief Helton stated that an MOU has been developed and the police department entered into that agreement to be a partner in addressing this problem. Mr. Munn recognized Michael Peoples for an update on the upcoming Citizens Academy. - 33 -
Page 34 Page 34 Mr. Michaels reviewed an application packet that has been incorporated into the Exhibits for the Citizens Academy. Mr. Michaels noted they were accepting 25 citizens into the Academy and this will begin the first Council meeting of January, 2017 and graduation will be in June, 2017. Mr. Michaels noted this Academy will cover all of the services provided by the City. Councilman Kellogg stated he was impressed with the Academy and he appreciates everyone volunteering their time and he thinks this will help citizens have a better understanding of local government. Mr. Munn stated the City received funding for downtown improvements and described where the funds would be used to make improvements. Mr. Munn reminded everyone of upcoming events in October, the Loray Preservation Conference, the jazz concerts downtown and also the countywide effort with the GO (Gaston Outside) banners that will be placed at various places throughout the City. Mr. Munn stated there would also be a Zombie Walk and a Fall Festival downtown. (Reference as contained in Exhibit Book 1 to Minute Book 106 at Page 48). CITY COUNCIL REPORTS Councilman Kellogg stated he had attended an open house for the Islamic Society. He noted that it was very informative and a good experience. He was honored to give the opening remarks at the second downtown Pokémon Crawl. He noted it was good to see the downtown come together. He stated he would like to mention the foreclosure at Akers Center and he stated as a Manager of one of the businesses located there and he is very hopeful that someone with a vision and who understands the true value of the property will work with the City and make something really good happen there will come forward and also work with the businesses that are there. He attended an informational meeting with Prevent Child Abuse Gaston. He stated he hopes the community will come together and put action to our words. Councilman Kirlin no report. Councilman Gallagher stated he was also wishing the same thing for Akers Center and hopes it will be changed to a beautiful mixed development. He also commented that he had received a complaint about the Lineberger Park equipment and he went and checked it out and it was in good shape. He also stated the spray park was in great shape. He did note that at the pool they need a better battery for vacuuming the bottom of the pool and - 34 -
Page 35 Page 35 also the Lazy River needs some minor repair at the filter. He noted he spoke with a worker and for they had sold out for ten days straight. Mayor Pro Tem Pierceall noted he attended the DGMA this morning and he stated he couldn t say enough about this group. He stated their meetings are very constructive and wonderful ideas. He stated the Fall Festival, Pokémon Events and Zombie Walk were all ideas from the DGMA and they are putting forth an effort to make downtown succeed. He also noted that the Historical Neighborhood Association is starting to work the merchants in actually planning some events in conjunction with the events that are going on downtown that will highlight some of the historical homes and also some of the unique architectural features of some of our older buildings downtown. Councilman McAteer stated he also attended the Islamic Society meeting and it was very good and there were several presentations from different churches. He also stated Mr. Wade White, who was on the ABC Board had passed away. He requested that since he is the liaison for the ABC Board, he is requesting that he be appointed to fulfil Mr. White s position on the ABC Board and complete his term. Mayor Pro Tem Pierceall made the motion to approve Council McAteer as a member of the ABC Board and that would leave the liaison open if we wanted to appoint another liaison. Councilman Humphries seconded the motion and Council voted unanimously to approve the motion. Councilman Humphries stated he has spent a lot of time with the police department recently. He stated he had done a ride-along with an officer and it was very interesting and informative. He stated that they have to call in to dispatch on a traffic stop if the tag is from out of state and he was wondering if that was a software issue. He also stated that he also was able to go on several calls and it was quite an experience. He also went on a tour with Chief Brittain of the Department and noted it was amazing all the different work that goes on inside the department. He later went to the Pistol/Rifle range and a lot of stuff has changed over the years. It was amazing the use they have made of that property and Sgt. Smith, Range Master is very proud of his job and the officers coming through. He is looking forward to passing out US flags to first responders in honor of the 15 th anniversary of 9-11 with the Mayor. Please keep our military and first responders in your thoughts and prayers. Mayor Bridgeman stated he was unable to attend the Islamic event due to illness but he was able to go Wednesday and they had a good conversation. Mayor Pro Tem Pierceall made the motion that the Council go into closed session pursuant to 143-318.11(a)(3) to consult with our City Attorney, who is employed by us, in order to preserve the attorney client privilege between the Attorney and the City Council in the matter of Susan Dyer vs. Gastonia and to consider and give instructions to our Attorney concerning the handling of a - 35 -
Page 36 Page 36 pending claim by the City of Gastonia. Councilman Gallagher seconded the motion and Council approved it unanimously ADJOURNMENT Council returned to open session and Councilman Gallagher made a motion to adjourn at 8:11 p.m. Mayor John D. Bridgeman L. Ashley Smith, City Attorney Sherry H. Dunaway, City Clerk rc090616-36 -