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Friday, August 21, 2015

Newsletter about the City Council meeting of August 18, 2015

I began video recording the City Council in 2012, because of my desire that the City do it on their own as any modern 21st century community began doing long ago. I had people tell me that they couldn't make it to the meetings, but they would like to see what is going on. I was also told by some council members that my summaries did not truly reflect the record, so having a video/audio recording cannot be misinterpreted.

So below is the City Council meeting. With each agenda item, you can click on the links and it will take you to that specific point in the meeting. You can always drag the marker on the video display to the point in the broadcast that you are interested in seeing.

***Preliminary Release***





Special Presentations
A. Business Well Crafted Award Presentation to Hickory Daily Record
B. Ryan Edwards - Update from University City Commission
C. Acceptance of the 2015 Updated Claremont Neighborhood Plan. - Claremont Neighborhood Association has worked with City Staff to update its neighborhood plan. The current Claremont Neighborhood Plan was accepted by Hickory City Council on August 5, 2008. The updated neighborhood plan contains strategies and recommendations put forth by the neighborhood, with emphasis placed upon the preservation of the character of the neighborhood. On May 21, 2015 Claremont Neighborhood Association voted to recommend City Council’s acceptance of this
updated neighborhood plan.

Persons Requesting to Be Heard
A. Billy Sudderth – City Owned Vacant Lot Located at 121 7th Avenue SW
B. Deb McNeur – Problems with Wildlife in the Neighborhood
C. Larry Pope - Questions about the Hickory Housing Authority

Sunday, August 16, 2015

Agenda about the City Council meeting of August 18, 2015

 This Agenda is about the Hickory City Council meeting that took place on the date listed above. City council meetings are held on the first and third Tuesdays of each Month in the Council Chambers of the Julian Whitener building.

At right of this page under Main Information links is an Hickory's City Website link. If you click on that link, it takes you to our city’s website/ The City's website evolves over time, but currently towrds the top right there is a Link called Quick Links. Click that on and look for the Agenda's and Minutes link you need to click. Scroll down from there and this will show you a list of PDF files to upcoming and previous meetings.

Agendas show what is on the docket for the meeting of that date. The Minutes is an actual summary of the proceedings of the meeting of that date. You can also look in the upper right hand corner of the front page of the Hickory Hound and (will soon) find the link to the past history of Hickory City Newsletters.

Here is a summary of the agenda of the meeting. There were a couple of important items that were discussed at this meeting and the details are listed further below:

Please remember that pressing Ctrl and + will magnify the text and page and pressing Ctrl and - will make the text and page smaller. This will help the readability for those with smaller screens and/or eye difficulties.

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Hound Notes: Still haven't finished with the previous meetings minutes because of personal reasons and not having the time tio devote to it. I will have it up ASAP. It is mostly finished, but it was a very detailed meeting, because of the issue with the proposed housing project on 4th St SW, the settlement of the airport issue, and a presentation related to the Bond projects.

This meeting looks to be about the proposed City Walk. I say that because of the Lenoir-Rhyne presentation and the Claremont area presentation. There are no Public Hearings or Departmental Reports.

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Invocation by Rev. Ron Jones, Executive Pastor, Christ Church

Special Presentations
A. Business Well Crafted Award Presentation to Hickory Daily Record
B. Ryan Edwards - Update from University City Commission
C. Acceptance of the 2015 Updated Claremont Neighborhood Plan. - Claremont Neighborhood Association has worked with City Staff to update its neighborhood plan. The current Claremont Neighborhood Plan was accepted by Hickory City Council on August 5, 2008. The updated neighborhood plan contains strategies and recommendations put forth by the neighborhood, with emphasis placed upon the preservation of the character of the neighborhood. On May 21, 2015 Claremont Neighborhood Association voted to recommend City Council’s acceptance of this
updated neighborhood plan.

Persons Requesting to Be Heard
A. Billy Sudderth – City Owned Vacant Lot Located at 121 7th Avenue SW
B. Deb McNeur – Problems with Wildlife in the Neighborhood

Consent Agenda
A. Approval of a Revision to the Assistance and Procurement Policies. - In January 2015, the City of Hickory Community Development Division applied for funding through the North Carolina Housing Finance Agency’s Urgent Repair Program. The City of Hickory has been awarded $50,000 through this program in order to assist approximately 12 very low income homeowners with urgently needed repairs in an amount not to exceed $8,000 per housing unit. The City of Hickory will provide an additional $5,000 in matching funds, which are available from Rental Rehabilitation program income. The total program budget will be $55,000. NC Housing Finance Agency requires the City of Hickory to prepare Assistance and Procurement Policies. These policies must be made available to the public and explain the guidelines of the URP15 program. City Council approved the original Assistance Policy on May 5, 2015. A revision was made in the policy changing the income limits. Staff recommends approval of the revision to the Assistance Policy.

B. Approval of the Fire Protection Service Agreement with the Town of Brookford for Fire Service Protection and Medical Related Services. - Hickory Fire Department requests approval of the Fire Protection Service Agreement with the Town of Brookford. The agreement is to provide fire service protection and medical related services to the Town of Brookford from September 1, 2015 through December 31, 2020. Brookford does not have an established fire department and has requested the City of Hickory to provide fire protection to its citizens. The Town of Brookford shall pay the City of Hickory for services outlined within the agreement. Payments are to be made quarterly as outlined in Section 2 of the agreement. The City has provided this service to the Town of Brookford since 2010. Staff recommends approval of the Fire Protection Service Agreement with the Town of Brookford beginning September 1, 2015 through December 31, 2020.

C. Citizens’ Advisory Committee Recommendations for Assistance through the City of Hickory’s Housing Programs. - The following requests were considered by the Citizens’ Advisory Committee at their regular meeting on August 6, 2015:
 John & Deborah Hollar, 820 9th Avenue Place NE, Hickory, were awarded a City of Hickory’s Housing Rehabilitation Loan. The Citizens’ Advisory Committee recommends approval for assistance not to exceed $10,000 for repairs to their house. Assistance would be in the form of a 0 percent interest deferred loan.
 Linda Pope, 1404 3rd Street SW, Hickory, was awarded a City of Hickory’s Housing Rehabilitation Loan. The Citizens’ Advisory Committee recommends approval for assistance not to exceed $10,000 for repairs to their house. Assistance would be in the form of a 0 percent interest deferred loan. Funds are budgeted for these items through the City of Hickory’s former Rental
Rehabilitation program income and/or program income received through the City of Hickory’s Community Development Block Grant Program. The Citizens’ Advisory Committee recommends approval of the aforementioned requests for assistance through the City of Hickory’s housing assistance programs.

D. Approval of a Contract for Maintenance between the Town of Hildebran and the City of Hickory for a Sanitary Sewer System. - The Town of Hildebran and City of Hickory first entered into an agreement for Hickory to maintain the collection system owned by the Town of Hildebran in 2004. The contract for maintenance agreed to in 2004, by both parties, expired on June 30, 2015. The Town of Hildebran requested that the City of Hickory provide a contract renewal to continue the provisions of this service for the Town. The contract will continue services at the current level in all aspects of the operations including collection system permit compliance, maintenance and operations of lift stations, and operator in responsible charge duties and licensing. The base fee for this agreement is proposed to be $75,360 per year for the first year for operations of the collection system, with subsequent year rate increases by the percentage approved by Hickory City Council for all customers of the Hickory utility system. This contract will not require the City of Hickory to hire additional staff to perform and continues an existing partnership at the current levels with the Town of Hildebran. The contract will expire June 30, 2035. Staff recommends Council’s approval of this
contract with the Town of Hildebran for maintenance of the sanitary sewer system.

E. Approval of Change Order 1 with McGill Associates, PA in the Amount of $40,650 for Engineering Services for Eastwood, Random Woods and Sherwood Forest Subdivisions Sanitary Sewer. - Staff requests Council’s approval of change order 1 with McGill Associates, PA forEngineering Services for Eastwood, Random Woods and Sherwood Forest Subdivision sanitary sewer project. The existing subdivisions are approximately 30 to 40 years old and are principally built out. This project will have a potential to serve approximately 226 homes and eliminate the potential public health hazard of septic tank system failures impacting surface waters. This project was envisioned to be designed, bid, and constructed as one project, however due to easement negotiations, regulation changes, and the need to renew some permits which had expired, this could not be achieved. These issues have resulted in additional work on the part of McGill Associates. This
change order is intended to address all issues that have arisen on behalf of the engineer for each of the three subdivisions. City Council accepted the grant offer in July 2012 in the amount of $2,946,042.99 for completion of this project. Funds for this change order have been approved by the NC Division of Water Infrastructure for inclusion in the grant money reimbursement request. Staff requests Council’s approval of change order 1 in the amount of $40,650 with McGill Associates, PA. Revised contract total to date will be $169,950.

F. Approval of Change Order 1 with Neill Grading & Constructing Company Inc. in the Amount of $26,129.89 for the Eastwood Sanitary Sewer Project. - The Eastwood Subdivision sanitary sewer project is the first of three subdivisions that the City of Hickory received grant money from the NC Division of Water Infrastructure-State Revolving Grant Fund to install sanitary sewer in. This project consisted of approximately 8,700 linear feet of 8 inch sanitary sewer lines with appurtenances serving 110 single family residential homes. Change order 1 consists of two items related to additional line being extended to serve the balance of the subdivision and the replacement of a storm drain junction box that was previously unforeseen. The contractor is requesting an extension of the contract time to account for 20 days of additional work with this change order. The revised contract total to date will be $710,778.71. Necessary funds for this change order have been approved by the NC Division of Water Infrastructure for inclusion in the grant money reimbursement request. Staff recommends Council’s approval of change order 1 with Neill Grading & Construction Company, Inc. in the amount of $26,129.89.

G. Call for Public Hearing for Consideration of Changes to Hickory City Code Ordinance Chapter 4 – Animal and Fowl. (Authorize Public Hearing for September 1, 2015)

H. Approval of a Cemetery Deed from City of Hickory to Eric Coutrier, (Southside Cemetery, Plot 4D, Lot Number 11 and 12, Section 4) (Prepared by Deputy City Attorney Arnita Dula).

I. Approval of a Cemetery Deed from City of Hickory to Judy Ikard, (Southside Cemetery, Plot 4D, Lot Number 7 and 8, Section 4) (Prepared by Deputy City Attorney Arnita Dula).

J. Budget Ordinance Amendment Number 3.
1. To budget $2,450 of General Fund-Fund Balance Appropriated in the Recreation Departmental Supplies line item. Senior Games funds were unspent at the end of FY 2014-2015 and rolled into General Fund Balance. A budget amendment is necessary to budget these funds in the expenditure line item for use this fiscal year.
2. To transfer $35,000 of General Fund-Fund Balance Appropriated to the 2014 Bond Referendum Business Park 1764 Miscellaneous line item. This transfer is necessary to pay Catawba County Economic Development Corporation for Business Park options and professional services reimbursements associated
with the Business Park.

K. Capital Project Ordinance Number 1.
1. To accept a $35,000 transfer from General Fund-Fund Balance Appropriated to the 2014 Bond Referendum Business Park 1764 Miscellaneous line item. The funds will be used for payment to Catawba County Economic Development Corporation for Business Park options and professional services reimbursements associated with the Business Park.

L. Special Events Activities Application for Patriot’s Day Remembrance Ceremony, Mandy Pitts, Communications Director/Brand Manager, September 11, 2015, Sails on the Square Stage, 10:30 a.m. to 1:30 p.m.


Informational Item
A. Mayor Wright’s travel to Raleigh, North Carolina, August 12, 2015 to the Historic Tax Credit Legislative Rally, (Meals: $20.50, Parking: $4.00 and Mileage Reimbursement: $199.18).

Friday, August 7, 2015

Newsletter about the City Council meeting of August 4, 2015

I began video recording the City Council in 2012, because of my desire that the City do it on their own as any modern 21st century community began doing long ago. I had people tell me that they couldn't make it to the meetings, but they would like to see what is going on. I was also told by some council members that my summaries did not truly reflect the record, so having a video/audio recording cannot be misinterpreted.

So below is the City Council meeting. With each agenda item, you can click on the links and it will take you to that specific point in the meeting. You can always drag the marker on the video display to the point in the broadcast that you are interested in seeing.

***Final Release***
 
Agenda about the City Council meeting of August 4, 2015






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Hound Notes: I would have had this done sooner and possibly in more detail, but my youngest cat fell ill and passed this week. She was like a child to me and her passing has taken the wind out of my sails to a great degree.

I have made summaries of the information provided by the presenters below. I would like you to watch the video below and get a feel for the proceedings yourself, especially the Persons Requesting to be Heard information.

It seems that the Hickory Housing Authority (HHA) has been given too much autonomy in this community for what is supposed to be a non-profit body. The info provided last year by one of its members, Dr. Sidney Miles, about the new direction the HHA would like to take, certainly does not seem to match up with what is currently being proposed -- a 2 to 3 story complex on 4th Street Southwest. The Council (and especially the Mayor) acquiescing to this body is another abrogation of authority that we have seen throughout the years. No one knows who is in charge of or at the Hickory Housing Authority. They are flying by the seat of their pants and taking actions that certainly don't look right and haven't been passing the smell test with a whole lot of people. People's livelihoods hang in the balance.

The Airport presentation certainly does look like an improvement over what we saw a few years ago, but several details were left out and others were glossed over. The City could have taken over the airport fully back in 2008, but they chose to allow Profile Aviation to sell assets to River Hawk Aviation and run the Fixed Based Operation (FBO) for about 3 more years. Funny, Riverhawk is not mentioned in this presentation. To listen to this, it's almost as if they never existed. River Hawk had some very questionable activities, before they went into bankruptcy and a Federal Bankruptcy Judge forced the City of Hickory to take over the interests of the airport. Profile Aviation previously had some very questionable activities also, just ask Bev Perdue.

City of Hickory takes over operations at Airport - River Hawk Aviation OUT - 12/9/2011
Will Hickory Airport Operators be forced to liquidate -- and why is no one talking about this?!?!? - 9/16/2011
Do people even know? Hickory Airport Operators (River Hawk Aviation) in Bankruptcy - 6/18/2011
Mind Blowing - The City's Mismanagement of the Hickory Regional Airport - 9/30/2009

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Persons Requesting to Be Heard

A. Christine Winn – Proposed Building of a Complex by the Hickory Public Authority on 4th Street SW._ Believes that this is an issue of location. The proposed location is incompatible with the existing business district and will have a negative effect upon properties in the area. This project has the ability to revitalize an area and create growth, but need to border an existing residential location. The HHA has not been up front (lack of trust). The 4th street business group brought alternative sites and were told that if they did so that they would drop the option on the 4th street site. They did so and the HHA has taken an option on one of those properties and looking at others, but they have not dropped the option on 4th street. The 4th street group was told last week by the HHA that for safety reasons that they are dropping the number of proposed units on 4th street to 28 units from the proposed 60 units. They are now being told that is false. She asked several questions relating to HHAs reasoning related to choosing this property and disqualifying others. She finished by saying a reduction from 60 to 28 units is acceptable, but added further that these units should be restricted to people 55 years old and older for safety reasons.

B. Dr. Delores Hammer – Proposed Building of a Complex by the Hickory Public Authority on 4th Street SW. - Dr. Hammer talks about meeting with Alanda Jackson, Director of the HHA and other representatives. Alanda offered to remove 4th Street if a suitable 4th property were found to build. The 4th Street group delivered her 12+ properties over the next several weeks. She went over the HHA actions and talked about a property near Commscope's headquarters, in which the HHA has taken out an option, but has not removed the 4th street option. She asked about the ethics, honest, and trust. She went on to talk about their dealings with the HHA and dealing with Dr. Sidney Miles and the dealings with Alanda Jackson and a lack of trust.

C. Kim Clarke – Proposed Building of a Complex by the Hickory Public Authority on 4th Street SW. Attorney Clarke reiterated that back on May 19th, that she asked the Mayor to appoint 4 new Commissioners to the HHA as permitted by law. She stated that the Mayor has made 22 appointments to the Commission and only 2 have been women have been appointed. Those 2 women are tenant representatives and do not have full voting privileges. She believes that women do not have adequate representation on the HHA commision. She wants the Mayor to appoint one caucasian woman and one african-american woman in addition to the 4 appointments she has asked him to make.  She stated that she would like to serve on the commission and went over her qualifications to serve. She later went over some of the negative issues, such as per diems and trips, that surround the HHA.

D. Crystal Rogers – Proposed Building of a Complex by the Hickory Public Authority on 4th Street SW. - She is with Elite Properties and has restored many properties along 4th street. She says that this property will not fit the area. She talked about businesses relocating. Commercial properties will become vacant. This will not benefit the proposed residents or existing businesses.

F. Denise Poe – Corridor Reserved for Future Thoroughfare Located on Buckskin Drive, in Gunpowder Point. - She wants the one time proposed corridor for a thoroughfare from Hickory (29th Ave/Huffman Cove Road) into Gun Powder Point in Caldwell Countyto be removed from the Gunpowder Point property owners deeds so that she can sell the property she owns there. She went over her personal issues that have necessitated the sale of this property. She has a proposed contract for the property she owns. , but it cannot be sold, because of the existing right of way that was established in 1986 related to the thoroughfare. Her family was told that the thoroughfare will not be built. The people that she has tried to contract with cannot get a construction loan, because of this issue.

There was a back and forth discussion between the Mayor, Alderman Lail, and Alderman Meisner. Alderman Lail says the project has long ago been shelved and wants the issue dealt with and the restrictions removed. Alderman Meisner said that he is not aware that the proposed thoroughfare has been shelved and will not happened and the right of way option needs to be kept open. Mayor Wright stated that he wanted to make sure they know the facts before they start saying things, bcause this is a sensitive matter for Ms. Poe and the Gunpowder Point  property owners. Nothing could be changed on this night. Alderman Lail made a motion to do away with the restrictions, because these property owners have not been compensated. Alderman Meisner stated that they need further information. Aldermen Lail and Meisner serve on the MPO (Metropolitan Planning Organization) and Alderman Meisner doesn't known what the traffic pattern will be in 40 years and there is no alternative to this proposed site from Hickory into lower Caldwell County -- This connects I-40 to Hwy 321. It was decided by everyone that more information was needed, because this is a multi-jurisdictional issue and decision. Attorney Crone made a proposal to look further into the matter. Mayor Wright proposed a workshop. It was agreed upon by a unanimous decision that they would have a workshop.

G. Steve Ivester - related to matters at the Airport and speaks about a proposed fly in there. - Steve spoke graciously about the airport talking about the City controlling all the buildings at the airport and the new paving taking place on the north ramp. He spoke about a fly-in that was taking place in Tullahoma, Tennessee on October 10, 2015 and proposed that Hickory have such an event. He thinks that Hickory would be a great place to hold one of these events. It would be a great opportunity for regional cooperation in the Hickory Metro.

H. Frank Simmons lives in Windshere Ridge and spoke of a racetrack that has been built out of an Apple Orchard. This has been called into the police and there have been warnings issued. This violates the noise ordinance and disturbs the peace.

The Mayor spoke about the issues related to the HHA. He stated that the HHA will be coming before the Council to make a presentation, but it has not happened year, because they don't know what questions to ask... As in previous meetings, he stated that the mission of HUD and public housing on the national level has changed. He spoke about HUD wanting to provide guaranteed rent payment and vouchers issued to tenants qualified for public housing. The idea is to disperse public housing instead of being concentrated. He doesn't like the (lack of transparency) group not having to follow the same public records laws as the Hickory City Council. He spoke about appointing members to the HHA board and the scope of their authority and guidrlines related to the board of the HHA.


Consent Agenda
Unanimous Consent of Council

Public Hearings

1. Consideration of Voluntary Contiguous Annexation of 2.001 Acres Located at 2191 13th Avenue Drive SE. - Planning Director Brian Frazier presentations - Property is across from the Bob Evans near Walmart at McDonald Parkway and I-40. Council gave Unanimous Consent.
 
2. Consideration of Designating the Whisnant Hosiery Mills Complex as a Local Historic Landmark.
 - Community Development Director Dave Leonetti Presentation - This is the Moretz Mill project. The Building was constructed in 1929 with expansions in 1937 and 1966. It was operated as a Hosiery Mill and a Warehouse before being used as a warehouse nefore its recent revitalization. It was the second largest producing mill in Hickory. He showed photos of the building and talked about the old and current purposes of the building. This designation defers  property taxes by 50% as long as the property maintains its Historic integrity. Any changes to the building would have to be approved by the Historic Preservation Commission.

Hound Note: So in perpetuity the owner of this building will be paying half the taxes they would have otherwise.


Departmental Reports

1. Airport Presentation - Settlement Agreement and Release of Claims. 
 -  City Attorney John Crone began the presentation. AGI, the owner of some of the hangars at the airport had brought a lawsuit against the city of Hickory.  Mediation held July 13, 2015 in Charlotte.

AGI, claimed that the City was unjustly benefiting, because AGI still had leasehold interest in the hangars and still owned the bank notes on the properties in which the previous airport tenants had taken out loans to construct these hangars.

The parties representing the City were John Crone, Sam Gorham, Airport Attorney Frank Newton, Andrea Surratt, and Mick Berry. They were able to procure the questioned assets at the airport well within the limits as authorized by Council in closed session. The City wanted to include the Moose Hangar lease in negatiations, because it has been vacant for quite some time. Another company, CRA, owned the lease of that hangar, but also held some interests with the AGI properties and so they were willing to settle. The City of Hickory filed an eviction action against CRA in Burke County, where the hangar is located, in an effort to evict them from the lease based on the neglect of the property.

Frank Newton, Airport Attorney, discussed the settlement. The airport was built in 1942. It served as a training base during World War II. The City took it over at the end of the war in a deed from the Federal Government. The City has operated it ever since. As of December 12, 2011, the City took control of the assets necessary to operate the airport for the benefit of the citizens of Hickory in the way that there was potential to do before, but not the ability. The reason for that was that successive members of the government and Staff of the City of Hickory had delegated the operation of the commercial services on the airport to private entities. In the course of time, the last of those private entities, Profile Aviation was not able to operate on a profitable bases and went into bankruptcy. It was through that bankruptcy proceeding that the City became the owner of all of the properties of the airport.

During the 1990's Profile Aviation had constructed four hangars at the airport that were modern hangars built to today’s standards. Profile borrowed $2,600,000 from Royal Bank of Canada to finance those facilities. Pursuant to its leases they were allowed to mortgage its leasehold interest to the bank to secure the repayment of those loans. Before Profile went into bankruptcy it had already defaulted on those loans to the bank, and the bank had sold the notes as well as the security interest to AGI who was the Plaintiff in this lawsuit.

The 4 hangars in question are leased (one) to Commscope for $72,000 per year, (two) leased to North Carolina Forestry Service for $77,000 per year and has an escalating rental on it, (three) is used as a maintenance hangar and as an aircraft storage hangar and it is generating presently about $50,000 per year, (four) is leased to the helicopter wing, the air ambulance wing of the Carolina’s Medical Center in Hickory, as well as to other aircraft storage and has a potential of generating over $76,000 per year. The  potential income from those hangars in today’s dollars of $275,000 per year.

Council authorized Counsel to go into the mediation with authority to settle the matter. The matter was settled for $900,000, which was $100,000 less than the authority that was given to Counsel, plus they saved the risk of losing more had they gone to trial, plus the cost of litigation which would have been substantial. He said that this was a homerun for the City of Hickory. Mr. Newton referenced Mr. Ivester’s previous conversation of the possibility of the City’s Airport being the focal point of a community event called a fly-in. For that to happen and to have 300-500 airplanes visit here, they would all have to purchase fuel at the airport. The City of Hickory sells them that fuel. For every gallon of fuel sold at the airport there will be money generated to help pay for the airport.

Because this airport has over the years, and most recently received Federal funds from the FAA to pay for improvements on the airport, there are strings attached to those dollars. The City is not permit ted to take any revenue off of the airport. All the revenue generated off the airport must be usedto pay for the cost of the airport, or be kept on the airport in a separate fund. The airport fund would accumulate capital surplus there for the benefit of the airport and aviation uses. The City is permitted to use taxpayer money into the airport. That has been the practice over many, many years. They think that the potential of taking the airport and these facilities over and operating them on a business like basis spells the end for that. They feel that this is an opportunity for the airport to be financially self-sustaining.

Mr. Newton discussed the $900,000 that would have to be paid for the settlement. That money should come from the airport. However, the airport has not accumulated that $900,000 in surplus. He proposed that the General Fund make a loan to the Airport Fund of $900,000. The City should charge the Airport Fund with the cost of the settlement in the amount of $900,000. The City should cause the Airport Fund to generate a note, payable to the General Fund in the amount of $900,000, payableover 30 years at an interest rate which is financially feasible. Eventually the General Fund would recover the money back, plus interest, and it would be coming back from the airport. He advised that is the only way that the City could take airport revenues into the General Fund, by first loaning the money to the airport. This makes the City financially whole on the basis of the airport, and it puts the airport on a financially sustaining basis.

Atty. Newton mentioned  the possibility in the case of a downturn of the economy that theremight be years in which the airport doesn’t generate a $51,000 surplus. In that event any deficiency, and this should be written into the note, should be capitalized, rolled into the amount of the note, and then continued to be recovered over time. If it is done that way there is no chance that the City won’t get its money back and there is no chance that if the FAA were to audit the City’s stewardship of the airport revenues that the City wouldn’t be able to document the soundness of what is being done.

Alderman Lail commented that it closes a door on a chapter of the airport and a new door is opening. That is the financial viability and movement of the airport forward. Mayor Wright stated that it is a good chance to discuss closed session matters and open matters. He stated that when Council went into closed session last week that he said that there would probablybe some action taken at the end of the meeting. Staff could not negotiate with them if Council was telling everyone what their position was in open session. Council discusses with Attorney’s in closed session about what the City’s position is and what they are willing to do. Once the decision is made and they are ready to announce it, they want to announce it that moment and not a minute later. They came back in to open session to accept the Resolution and that became a public record at that very moment. This presentation was not necessary, except to make sure that citizens don’t think that Council did something by cover of darkness and tried not to talk about it.


2. Information Presentation – Proposed Changes to Chapter 4 (Animal and Fowl) Ordinance.
 - Chief of Police Tom Adkins presentation. The Police Department, Legal Department, Parks and Recreation, the Brand Manager, and Public Information Office are all working together to try to come up with a proposed Ordinance that would allow restrictions of animals at special events on City property. A lot of events are held on Union Square. He showed a PowerPoint presentation giving some examples of special event applications that had been filed. Council approves the use of City property for these events. Other areas might be the SALT Block, or the steps at City Hall. This Ordinance would not apply to any events that are sponsored by the City themselves and held on City property. Chief Adkins discussed why the City needs the restriction which was for public safety. The City does not want to have an animal situation on Union Square where a person gets bitten by an animal. We do not want another animal biting another animal at the event. The City has a leash law, so the folks that have these animal’s downtown, i.e. dogs, cats, snakes, etc., leashes can be trip hazards for folks attending events. If an animal would bite another animal and or a person they would have to be quarantined for 10 days, which would have to be run through the Animal Shelter themselves. The animal would have to be quarantined to make sure that they have the proper rabies vaccinations, and that they are not exhibiting any type of behavior that would be associated with having rabies. He also talked about animal waste where dogs mark their territory, and have marked their territory on vendor’s products and displays and discussed outside dining. The restriction of outside dining had loosened up a lot over the years. You see more and more animals in the outside dining areas.

Event sponsors have requested the restrictions. The Farmer’s Market has done the restriction on their own. Waste being put on the product themselves has caused them to restrict citizens inside that footprint area. Chief Adkins showed the definition of an animal on his PowerPoint presentation. Service animals as defined by the Americans with Disability Act (ADA) would be exempt from this Ordinance. Animals that are part of the event, parade or exhibit. If there is a parade through the downtown footprint of an event those would be exempt. If the event themselves had a petting zoo that would be exempt from this Ordinance. Animals controlled by Public Safety would also be exempt. Animals for hire, there is business downtown that has carriage rides that would be exempt from this footprint. The event themselves could apply for a waiver from of this Ordinance, which would obviously be approved by Council. If that was the case then the event sponsor would be asked to have the appropriate amount of liability insurance coverage if an event would happen to a patron or an animal.

Chief Adkins addressed enforcement of the Ordinance if adopted. Education of the public, advertisement at the event through flyers, and word of mouth. Officers would ask people to remove their animal from the footprint of the area. As a last resort they could cite a person for refusing to take an animal from the footprint area. That could be a civil or a criminal citation. Similar
ordinances have been enacted in Apex, Morganton, and Asheville.


3. 3. Update from Bond Implementation Commission on Bond Projects -
Assistant City Manager Andrea Surratt updated City Council on the Bond Implementation Commission’s bond projects. this is about the $25 million infrastructure improvement bond measure to improve the economic development opportunity of Hickory. Identified were the areas that need to be upgraded which included the city walk, riverwalk, five gateways and seven streetscapes. They have begun to gather data to develop the plan for the riverwalk. They selected the riverwalk because they heard the most information about the significance of that project. They did not have the cost estimates and the conceptual plans ready, so it became the first one “out of the gate”. They want to make sure they focus on how that area looks as a gateway into Hickory, Catawba County, from Caldwell County along the bridge. Making that area a destination regionally, and also a gateway and a real iconic point of interest for our community. She showed the conceptual plan. She pointed out the existing bike trail and greenway connection and the footprint of the Lackey Project. She showed sketches of how the riverwalk might look.

Tuesday, August 4, 2015

Agenda about the City Council meeting of August 4, 2015

This Agenda is about the Hickory City Council meeting that took place on the date listed above. City council meetings are held on the first and third Tuesdays of each Month in the Council Chambers of the Julian Whitener building.

At right of this page under Main Information links is an Hickory's City Website link. If you click on that link, it takes you to our city’s website/ The City's website evolves over time, but currently towrds the top right there is a Link called Quick Links. Click that on and look for the Agenda's and Minutes link you need to click. Scroll down from there and this will show you a list of PDF files to upcoming and previous meetings.

Agendas show what is on the docket for the meeting of that date. The Minutes is an actual summary of the proceedings of the meeting of that date. You can also look in the upper right hand corner of the front page of the Hickory Hound and (will soon) find the link to the past history of Hickory City Newsletters.

Here is a summary of the agenda of the meeting. There were a couple of important items that were discussed at this meeting and the details are listed further below:

Please remember that pressing Ctrl and + will magnify the text and page and pressing Ctrl and - will make the text and page smaller. This will help the readability for those with smaller screens and/or eye difficulties.

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Hound Notes: Sorry for the lack of updates and articles. I will finish out the last Newsletter. Just been taking a break during a very hot Summer. There was no urgent issue related to the last meeting. There was one gentleman that came forward and addressed the Council about the annex parking at Glenn Hilton Park.

Looks like the group from Southwest Hickory is back to state their case again related to the proposed public housing on 4th Street SW.


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Invocation by Rev. Bob Thompson, Pastor, Corinth Reformed Church

Persons Requesting to Be Heard
A. Dr. Delores Hammer – Proposed Building of a Complex by the Hickory Public Authority on 4th Street SW.
B. Kim Clarke– Proposed Building of a Complex by the Hickory Public Authority on 4th Street SW.
C. Paul Gadd– Proposed Building of a Complex by the Hickory Public Authority on 4th Street SW.
D. Christine Winn– Proposed Building of a Complex by the Hickory Public Authority on 4th Street SW.
E. Crystal Rogers– Proposed Building of a Complex by the Hickory Public Authority on 4th Street SW.
F. Denise Poe – Corridor Reserved for Future Thoroughfare Located on Buckskin Drive, in Gunpowder Point.

Consent Agenda:
A. Approval to Issue a Pyrotechnic Display Permit to Hickory Crawdads. - Mark Seaman, General Manager of the Hickory Crawdads has submitted a request to obtain permission to have a public fireworks display on the following dates: September 11, 2015 with the rain date of September 12, 2015. The North Carolina Fire Code requires a mandatory operational permit for the use and handling of pyrotechnic special effects material. The Division of Fire & Life Safety Bureau shall review all required documentation. The Fire Prevention Bureau will also inspect the pyrotechnics display area prior to the event to ensure compliance with all guidelines and codes. Staff recommends  approval of the pyrotechnics displays.

B. Approval to Issue a Pyrotechnic Display Permit to Hickory Motor Speedway. - Kevin Piercy, General Manager of the Hickory Motor Speedway has submitted a request to obtain permission to have a public fireworks display on the following 2015 dates: August 15, 2015 and September 7, 2015. The North Carolina Fire Code requires a mandatory operational permit for the use and handling of pyrotechnic special effects material. The Division of Fire & Life Safety Bureau shall review all required documentation. The Fire Prevention Bureau will also inspect the pyrotechnics display area prior to the event to ensure compliance with all guidelines and codes. Staff recommends approval of the pyrotechnics displays.

C. Approval of Annual Maintenance Agreement with Grayson Fitness Repair and Maintenance, Inc. - Since 2003 the City of Hickory Fire Department has deployed a series of physical fitness equipment. The department has had an annual preventive maintenance program since 2003 for the equipment in order to keep the equipment operational. Staff requests acceptance of a proposal from Grayson Fitness Repair & Maintenance Inc. to continue the quarterly service necessary to maintain the exercise equipment. The service agreement provides quarterly service to each piece of fitness  equipment that is located at each of the fire stations. Staff recommends approval of the exercise  equipment preventive maintenance agreement.

D. Acceptance of a Sanitary Sewer Line Easement for the Property of Josephine B. Hambrick, Wells Fargo NA, Margaret H. Glaze and Wilson E. Glaze II, described as PIN 3723-15-63-5314. - Staff requests acceptance of a 25 foot temporary construction and 25 foot permanent sanitary sewer line easement for the property of Josephine B. Hambrick, Wells Fargo NA, Margaret H. Glaze and Wilson

E. Glaze II, described as PIN 3723-15-63-5314. This easement is necessary for completion of the Sherwood Forest Subdivision Sanitary Sewer Project. This project was awarded to the City as a State Revolving Grant by NCDENR-DWQ in 2012, in the amount of $2.946 million dollars. The easement was negotiated for a total sum of $5,000 in exchange for the easement. Staff recommends approval of this temporary construction and permanent sanitary sewer easement across the property.

E. Acceptance of a Sanitary Sewer Line Easement for the Property of Linda Bumgarner Sigmon described as PIN 3723-16-83-0899. - Staff requests acceptance of a 25 foot temporary construction and 25 foot permanent sanitary sewer line easement for the property of Linda Bumgarner Sigmon described as PIN 3723-16-83-0899. This easement is necessary for completion of the Sherwood Forest Subdivision Sanitary Sewer Project. This project was awarded to the City as a State Revolving Grant by NCDENR-DWQ in 2012, in the amount of $2.946 million dollars. The easement was negotiated for a total sum of $8,000 in exchange for the easement. Staff recommends approval of this temporary construction and permanent sanitary sewer easement across the property.

F. Acceptance of a Sanitary Sewer Line Easement for the Property of Russell D. Dellinger and wife, Stacy J. Dellinger described as PIN 3723-15-64-7165. - Staff requests acceptance of a 25 foot temporary construction and 25 foot permanent sanitary sewer line easement for the property of Russell D. Dellinger and wife, Stacy J. Dellinger described as PIN 3723-15-64-7165. This easement is necessary for completion of the Sherwood Forest Subdivision Sanitary Sewer Project. This project was awarded to the City as a State Revolving Grant by NCDENR-DWQ in 2012, in the amount of $2.946 million dollars. The easement was negotiated for a total sum of $2,694 in exchange for the easement. Staff recommends approval of this temporary construction and permanent sanitary sewer easement across the property.

G. Acceptance of a Sanitary Sewer Line Easement for the Property of Chris Albert Bumgarner and wife, Lisa H. Bumgarner described as PIN 3723-11-75-1017. - Staff requests acceptance of a 25 foot temporary construction and 25 foot permanent sanitary sewer line easement for the property of Chris Albert Bumgarner and wife, Lisa H. Bumgarner described as PIN 3723-11-75-1017. This easement is necessary for completion of the Sherwood Forest Subdivision Sanitary Sewer Project. This project was awarded to the City as a State Revolving Grant by NCDENR-DWQ in 2012, in the amount of $2.946 million dollars. The easement was negotiated for a one free sanitary sewer service connection in exchange for the easement. Staff recommends approval of this temporary construction and permanent sanitary sewer easement across the property.

H. Approval of Six Days of Vacation Time as Incentive Prizes for Participation in the Annual United Way Campaign. - The United Way Campaign Committee requests six days of vacation time to be used as prizes for participation in the annual United Way Campaign, which will be held in August
2015. The City is a strong supporter of United Way since they play an important and critical role in our community. We use our campaign to educate the City’s workforce about the various programs and services United Way provides, and also to provide an easy way to make a donation. The opportunity to win some vacation time will provide an incentive for participation and contribute to the success of the campaign.

I. Acceptance of Bid and Award of Construction Contract with Hickory Sand Company, Inc. in the Amount of $154,500 for the Construction of the NC Highway 64-90 Waterline Project. - The NC Highway 64-90 waterline project consist of installing approximately 5,200 – linear foot of new 8-inch PVC waterlines, five new fire hydrants and other customary appurtenances in a previously unserved area. This project is intended to provide improved fire protection for Ellendale Elementary School and provide water service to customers along the line. Staff evaluated the bid packages and found Hickory Sand Company, Inc. to be the lowest responsible bidder. This is proposed to be funded as a component of the Public Utilities Department operating budget in the reimbursable materials line with funds already received from Alexander County Government. Staff recommends Council’s acceptance and award of the project to Hickory Sand Company, Inc. in the amount of $154,500 for the construction of the NC Highway 64-90 waterline project.

J. Approval of Renewal Agreement between the Western Piedmont Council of Governments (WPCOG) and the City of Hickory to Support the Western Piedmont Stormwater Partnership for Phase II Public Education. - The City was issued an NPDES Phase II Stormwater Permit by the North Carolina Department of Environment and Natural Resources on July 1, 2005. One of the requirements of the permit in the Public Education and Outreach Minimum Measure is that the City develop and implement a public education and outreach program to raise public awareness on the causes and impacts of stormwater pollution. This renewal agreement is the result of the establishment of a regionally focused and municipally supported Phase II public education and outreach coalition, the Western Piedmont Stormwater Partnership, which is administered by the WPCOG. The activities in this agreement will meet the public education and outreach minimum measures of this section of the NPDES Phase II Permit. This agreement would be for the period July 1, 2015 through June 30, 2016. Payment would be in quarterly installments of $2,758.25. Funding for this agreement is available from the current stormwater budget. Staff recommends Council’s approval of the renewal
agreement with WPCOG for an amount not to exceed $11,033.

K. Approval of a Contract to Kercher Engineering, Inc. in the amount of $57,375 for Pavement Management Study to Prioritize the Condition of Streets in the City of Hickory to better optimize the Resurfacing Schedule and Maintenance Operations.- City Staff requested qualifications from firms, interviewed and selected the most qualified firm to meet the City’s pavement condition needs. The last pavement condition assessment was done in 2007. This condition study is a vital tool that not only rates the streets with a numerical value, but also allows for the Street Department to plan needed maintenance for several years. The benefits of this study will provide the City with an outside professional source to provide data that will give us the tools to provide our citizens with the best use of our resurfacing funds and maximize the results of our street maintenance program. Staff recommends approval of the contract with Kercher Engineering, Inc. in the amount of $57,375.

L. Approval of Awarding the Resurfacing Contract Utilizing Federal Funds to Maymead, Inc. for Asphalt Resurfacing. - Staff prepared formal bid documents for an estimated 2,660 tons of asphalt surface course in-place and 4,000 square yards of asphalt milling. The asphalt binder unit price will be adjusted according to NCDOT standard procedures. All work will be paid on an inplace unit price basis as the Community Development Block Grant (CDBG) budget allows. Resurfacing under this contract will be performed in the CDBG eligible funding areas. Maymead, Inc. was the responsible responsive low bidder at the unit price of $52 per ton for S9.5A asphalt surface, $52 per ton for S9.5B asphalt surface, $52 per ton for S4.75A asphalt surface, $595 per ton for binder and $4.75 per square yard for asphalt milling for the pavement resurfacing project. Currently there is $75,000 in the CDBG Public Infrastructure line item. Unbudgeted program income may be added if it becomes available over the FY15-16 year. Staff recommends approval of the resurfacing contract utilizing federal funds be awarded to Maymead, Inc. 

M. Approval of Awarding a Contract to J.T. Russell & Sons, Inc. for Asphalt Resurfacing for FY 15/16. - Staff prepared formal bid documents for an estimated 10,650 tons of asphalt surface course in-place and 9,000 square yards of asphalt milling. The asphalt binder unit price will be adjusted according to NCDOT standard procedures. All work will be on an inplace unit price basis as the resurfacing budget allows. J.T. Russell & Sons, Inc. was the responsible responsive low bidder at the unit price of $50.50 per ton for S9.5A asphalt surface, $50 per ton for S9.5B asphalt surface, $56 per ton for S4.75A asphalt surface, $536 per ton for binder and $7 per square yard for asphalt milling for the pavement resurfacing project. Total bid amount of $919,900 ($459,950 for the Fall 2015 schedule and $459,950 for the Spring 2016 schedule). Funds are budgeted in the Street Division’s FY15-16 budget. Staff recommends approval of the resurfacing contract with J.T. Russell & Sons, Inc.

N. Adopt a Resolution to Reaffirm City Council’s Support of the Deidra Lackey Memorial Park Project. - Staff requests Council to consider the Resolution declaring the City’s intent to reaffirm their continued support and approval of the Deidra Lackey Memorial Park Project. The memorial park facilities would be a gift to the City of Hickory and the public. In addition, based on its location the memorial park would serve as an enhanced entry point to the proposed river walk. Council has previously expressed support for the project and the proposed resolution reaffirms Council’s support for the project. Staff recommends Council adopt the Resolution declaring City Council’s intent to reaffirm their continued support and approval of the Deidra Lackey Memorial Park Project.

O. Grant Project Ordinance Amendment Number 1.
1. To budget a $166,000 transfer of Capital Reserve-Appropriated Fund Balance and to budget an additional $664,000 of Federal Revenue to the Falling Creek Bridge Project. NCDOT Agreement ID #3390 Municipal Bridge Agreement-Federal in the amount of $1,200,000 ($960,000 (80%) Federal and $240,000 (20%) Local) was approved by the City of Hickory Council on August 21, 2012. This amendment request makes necessary adjustments to original CPO#1 (FY13) and GPOA (FY15) to align total project revenues and expenditures for the projected project.

P. Budget Ordinance Amendment Number 2.
1. To appropriate $166,000 of Capital Reserve-Fund Balance Appropriated and transfer to the General Capital Project Fund for the Falling Creek Bridge Project. These funds are the required local matching funds for the replacement of Bridge No. 327 located on Falling Creek Road. 2. To appropriate $900,000 of General Fund-Fund Balance Appropriated and budget in the Transportation Fund-Other Professional Services line item. Funds will be used for the AGI Associates LLC and CRA Enterprises Inc. airport settlement.

Public Hearings
1. Consideration of Voluntary Contiguous Annexation of 2.001 Acres Located at 2191 13th Avenue Drive SE. - Burgin-Hickory Properties, LLC submitted a petition for the voluntary contiguous annexation of 2.001 acres of property located at 2191 13th Avenue Drive SE. The annexation area consists of a commercial development site, which is the proposed future location of a Sheetz retail facility. The owners of the property are seeking annexation in order to obtain utility services (water and sewer) for a commercial development site. The property is currently located within the City’s extra-territorial jurisdictional area (ETJ) and is zoned Regional Commercial (C-3). Staff finds the petition to be in conformity with applicable statutes, and recommends approval of the voluntary annexation petition. This public hearing was advertised in a newspaper having general circulation in the Hickory area on July 17, 2015.

2. Consideration of Designating the Whisnant Hosiery Mills Complex as a Local Historic Landmark. - The Whisnant Hosiery Mills complex located at 74 8th Street SE was built in 1929 with significant expansions in 1937 and 1966. The complex serves as a reminder of the pivotal role that the hosiery industry played in the development of the City of Hickory. The property is now known as Moretz Mill and has recently undergone an extensive rehabilitation. The owners of the property have requested that the property be designated as a local historic landmark. The property has been listed on the National Register of Historic Places since 2013. If the property is designated as a local historic landmark all changes to the exterior of the building and site would need approval from the Hickory Historic Preservation Commission. If designated, there would be a 50 percent deferral on all property taxes provided that property maintains its historic integrity. Staff recommends Council approve the local landmark designation ordinance for the Whisnant Hosiery Mills property. This public hearing was advertised in a newspaper having general circulation in the Hickory area on July 24, 2015.

Departmental Reports

1. Airport Presentation - Settlement Agreement and Release of Claims. - As a result of a recent mediation effort between the City of Hickory and AGI Associates, LLC and CRA Enterprises, LLC, a settlement agreement was reached that gave back to the City of Hickory full control of remaining facilities at the airport that had been in dispute, specifically the leasehold interest of the Moose Hangar as well as other hangars on the property. The City gained $2.1 million in the value of hangars and other assets for $900,000.

2. Information Presentation – Proposed Changes to Chapter 4 (Animal and Fowl) Ordinance. - The City of Hickory approves organizations to use public property to host events for the public. Over the years, citizens and staff have expressed concerns about animals being allowed at these events due to public safety concerns for the citizens and animals attending the event. City Staff to include, Legal, Police, Parks and Recreation, and Branding/Public Information Office have worked together to develop proposed changes to Chapter 4 (Animal and Fowl) Ordinance restricting animals within the “footprint” of the approved special event on public property. These proposed changes are in the interest of protecting the public from potential aggressive animals that could cause harm to a human or another animal, and to ensure the appropriate public health and sanitation of food and surrounding areas. Staff requests City Council’s feedback in order to precede with any changes to Chapter 4 (Animal and Fowl) Ordinance that would restrict animals from approved special events on public property.

3. Update from Bond Implementation Commission on Bond Projects

Monday, July 20, 2015

Newsletter about the City Council meeting of July 14, 2015

I began video recording the City Council in 2012, because of my desire that the City do it on their own as any modern 21st century community began doing long ago. I had people tell me that they couldn't make it to the meetings, but they would like to see what is going on. I was also told by some council members that my summaries did not truly reflect the record, so having a video/audio recording cannot be misinterpreted.

So below is the City Council meeting. With each agenda item, you can click on the links and it will take you to that specific point in the meeting. You can always drag the marker on the video display to the point in the broadcast that you are interested in seeing.

***Final Release***

Agenda about the City Council meeting of July 14, 2015





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Hound Notes: Finally finished this 3 weeks late. Needed a break and my batteries still aren't recharged. I will get the August 4, 2015 meeting up in short order. The video on the protocols of how a City Council meeting works was excellent work and the Communications Department deserves kudos on that. Getting the public to participate is an education (not propaganda) process. Netter informed (not propaganda) citizens leads to better buy-in and better buy-in means a happier community. a happier community means a better quality of life. True happiness is self-evident.

I have scaled back out of necessity and self-preservation. A one man checks and balances system in a community is not sustainable. I'm not going anywhere as long as I'm here, but I'm also not going to put my personal life on the backburner. You know, I've led the damned horse to the water how many times?

Anyway, all of this process has taught me a lot more about people that I care to admit. I think back to what I thought a decade ago, before I went down into this rabbit hole, and the few times I watch any Idiot Television, I am ashamed about the time I wasted allowing myself to be programmed by a system that worked against my best interests. Television has zero to do with information. It really isn't about entertainment. The entertainment (bells and whistles) is just part of the programming. The narrative is the heart of the program... Think about that. Peace! see you on the other side.

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Special Presentations
A. Recognition of Retiring Boards and Commissions Members
Business Development Committee - Jeff Neuville, Dave Gissy, Dave Paist,Citizens Advisory Committee - Michael Holland
Community Appearance Commission - Steven Bowman
Community Relations Council - Neal Orgain, Ray Cerda
Historic Preservation Commission - Christopher Wilson, Thomas Dobbins
Library Advisory Board - Kathy Ivey
Parks and Recreation Commission - Bee Yang, Tony Wood
Public Art Commission - Thomas McBrayer
Public Housing Authority - Clement Geitner,
Recycling Advisory Board - J.C. Epting Jr
University City Commission - Bill McBrayer
Youth Council - Joseph Butler, Kathryn McKenna Shaver, Laura Velazquez, Darion Best, Jordan Hatch, Zackariah Amrani, Marina Pitofsky, Jamen Beck.


B. Educational Video by Office of Communications - Dana Kaminske presented an instructional video to Council that showed the protocols of how City Council meetings operate.





Persons Requesting to be Heard
Mr. Mark Faruque, requested City Council indefinitely postpone approval of the plan to construct a secondary parking lot for Glenn Hilton Park on the property contiguous to his home located on 6th Street NW. He believed there had been a serous lack of communication by the parties involved and felt that up until the past few days the City had shown little concern or sensitivity for the negative impact that this parking lot might have on the value and privacy of their 22 year old home. He stated that on or about June 14, 2014 he arrived home from work to find an aerial picture of the lot with a hand written note to the effect “proposed parking lot, call with any questions”. He called and left a message but neither he nor his wife were contacted that day. The following evening they arrived home from work and were shocked to see that the lot had already been cleared. They saw some men surveying the lot at that time. He commented that it was obvious that the clearing was well beyond the marking stakes. They were surprised to find out last week that some of the Council members were completely unaware that approximately 2,000 square feet of their property had been cleared at that time. He advised that they had been told that the lack of direct communication from the City was in large part due to the fact that they had hired an attorney from Charlotte immediately after the lot was cleared. Once attorneys are involved correspondence usually occurs through them. They did not hire an attorney to sue the City of Hickory, but when they saw what had transpired without any forewarning they felt that they had to get legal advice on what the local laws were, and what their rights were as property owners. They did not have any idea that it was within the City’s right to construct a parking lot on a piece of land designated as residential... Much has happened to bring everyone to the table this past week and it is still their desire to work with the City to find a resolution that is satisfactory to everyone.


Consent Agenda
- Council unanimously consented to the Consent Agenda.

Informational Items
A. Proposed Technical Amendments to Blue Bloodhound, LP Economic Development Agreement.
B. Report of City Manager Mick Berry’s travel to North Carolina City County Managers Seminar, Wilmington, North Carolina, June 18–21, 2015. (Lodging - $127.44; Meals $51.00; Registration - $250; Mileage - $348.45; Tips for Parking - $12.00)


Departmental Reports:
1. Second Reading of Budget Ordinance Amendment Number 20. - Assistant City Manager Rodney Miller presented information to the Council - To appropriate Tourism Development Authority (TDA) revenue to repay debt on new parking deck in FY2014-15 budget. The City entered into an agreement with the Tourism Development Authority (TDA) in August 2014 to build a parking deck to accommodate visitors to the convention center. The City secured a $3 million loan with BB&T for a term of 15 years at 2.94% with an increase in TDA rental payments pledged to repay the debt. The first debt payment came due in April 2015, yet an appropriation of the rental payments was not established in the FY2014-15 budget. The attached Budget ordinance Amendment appropriates the additional revenue that has been received from the TDA as a result of their increase in rental payments...

2. Approval to Purchase .890 Acres Located at 1352 12th Avenue NE, Hickory, PIN 3713-14-43-2647 in the amount of $100,000.


3. Presentation of Crafting Hickory Logo - Mandy Pitts Presentation - Hickory Inc. contracted with
North Star Destination Strategies who helped develop “Life Well Crafted” which is almost four years old. "The brand" continues to be strong as it has been tested in different markets and they have feedback from people that have invested in Hickory and people that have visited Hickory... This is an initiative under the Life Well Crafted brand. They met with the Chairs of the Bond Committee and they narrowed down the logos to two. She showed renderings of two options...   Mayor Wright moved, seconded by Alderwoman Patton approval of the Crafting Hickory logo option number one. Vote: Ayes: Alderman Lail, Alderman Seaver, Alderman Zagaroli, and Alderwoman Patton. Nays: Alderman Meisner, Alderman Guess and Mayor Wright. The motion carried.




Matters Not on Agenda (requires majority vote of Council to consider)
Ms. Delores Hammer requested to speak to Council regarding the addition of more bus lines if the housing project was in an area where there were no bus lines. Mayor Wright advised Ms. Hammer that she would need to speak at the next meeting. He explained the process. There is no requirement to sign - in to speak, but he had asked if anyone else wished to speak to Council earlier in the meeting.

General Comments
Mayor Wright congratulated City Manager Mick Berry on becoming a grandfather.
Alderwoman Patton requested an update from Staff regarding data from the recycling program.
City Manager Mick Berry advised that Staff would do that in a few months, which would give citizens time to get used to the recycling program.
Alderwoman Patton commented that it would be nice if there was pickup for recycling every week
and trash pickup every other week.
Mayor Wright mentioned that Alderman Guess, Alderman Zagaroli, Assistant City Manager Andrea
Surratt, City Manager Mick Berry and himself would be going to Washington on Thursday to lobby
for the 22 million dollar TIGER grant that the City is well entitled to. They will be speaking with the
City’s Representatives and Senators to ask for their assistance in obtaining the grant. He commented think what that could do on top of what we have already accumulated through tax credits, grants, donations, private investments and 40 million dollar bond issuance. What could be done for Hickory with another 22 million dollars?
Mr. Berry introduced interns: Will Sigmon, an ASU student; Bradley Setzer, interning in the Legal
Department, a Wake Forest University student in his third year of law school; Paul Wood, a St.
Stephens High School rising senior; Melissa Loveless interning in the Communications Department, she attended Western Carolina University.
Mr. Berry introduced the new Library Director, Ms. Sarah Greene. She previously served as Library Director in Caldwell County.
City Attorney John Crone requested Council go into closed session to discuss settlement of
two matters of litigation concerning the airport: regarding what is known as the Moose Hangar at the
airport. Council was aware that a mediation had taken place that was very lengthy. Mr. Crone
advised that he had a proposed settlement agreement and resolution for discussion in closed session. He requested Council return to open session and consider approval of the terms of settlement and the resolution that approved the terms of settlement. Mayor Wright moved seconded by Alderman Seaver to go into closed session to consult with the attorneys on the items requested by City Attorney John Crone. The motion carried unanimously.Mayor Wright announced that he moved seconded by Alderman Seaver and the motion carried unanimously.

Council Reconvened on Closed Session Matter
Council convened to closed session at approximately 7:54 p.m. Alderman Lail excused himself from the meeting at that time.Council reconvened to open session at approximately 8:21 p.m. City Attorney John Crone requested Council approve a Resolution authorizing the settlement of disputed issues between the City of Hickory and AGI Associates LLC, and CRA Enterprises LLC, concerning the Hickory Regional Airport. The Resolution included terms of settlement that were negotiated by the City of Hickory and the other opposing parties on July 13th during a 12 hour mediation in Charlotte. Mr. Crone had reviewed the documents with Council in closed session. The terms of the settlement agreement were attached to the Resolution. Mr. Crone requested a motion to approve. Alderman Zagaroli moved seconded by Alderwoman Patton approval of the Resolution and the attached settlement agreement. The motion carried unanimously.

Tuesday, July 14, 2015

Agenda about the City Council meeting of July 14, 2015

This Agenda is about the Hickory City Council meeting that took place on the date listed above. City council meetings are held on the first and third Tuesdays of each Month in the Council Chambers of the Julian Whitener building.

At right of this page under Main Information links is an Hickory's City Website link. If you click on that link, it takes you to our city’s website/ The City's website evolves over time, but currently towrds the top right there is a Link called Quick Links. Click that on and look for the Agenda's and Minutes link you need to click. Scroll down from there and this will show you a list of PDF files to upcoming and previous meetings.

Agendas show what is on the docket for the meeting of that date. The Minutes is an actual summary of the proceedings of the meeting of that date. You can also look in the upper right hand corner of the front page of the Hickory Hound and (will soon) find the link to the past history of Hickory City Newsletters.

Here is a summary of the agenda of the meeting. There were a couple of important items that were discussed at this meeting and the details are listed further below:

Please remember that pressing Ctrl and + will magnify the text and page and pressing Ctrl and - will make the text and page smaller. This will help the readability for those with smaller screens and/or eye difficulties.

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Hound Notes: Not much to see here



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Invocation by Elder Kemp, Church of Jesus Christ of the Latter Day Saints

Special Presentations
A. Recognition of Retiring Boards and Commissions Members
Jeff Neuville Business Development Committee
Dave Gissy Business Development Committee
Dave Paist Business Development Committee
Michael Holland Citizens Advisory Committee
Steven Bowman Community Appearance Commission
Neal Orgain Community Relations Council
Ray Cerda Community Relations Council
Christopher Wilson Historic Preservation Commission
Thomas Dobbins Historic Preservation Commission
Kathy Ivey Library Advisory Board
Bee Yang Parks and Recreation Commission
Michael (Tony) Wood Parks and Recreation Commission
Thomas McBrayer Public Art Commission
Clement Geitner Public Housing Authority
J.C. Epting Jr. Recycling Advisory Board
Bill McBrayer University City Commission
Joseph Butler Youth Council
Kathryn McKenna Shaver Youth Council
Laura Velazquez Youth Council
Darion Best Youth Council
Jordan Hatch Youth Council
Zackariah Amrani Youth Council
Marina Pitofsky Youth Council
Jamen Beck Youth Council
B. Educational Video by Office of Communications

Consent Agenda:
A. Call for Public Hearing for Consideration of Voluntary Contiguous Annexation of 2.001 acres Located at 2191 13th Avenue Drive SE. (Authorize Public Hearing for August 4, 2015)

B. Call for Public Hearing for Consideration of Designating the Whisnant Hosiery Mills Complex as a Local Historic Landmark. (Authorize Public Hearing for August 4, 2015)

C. Renewal of Taxicab and Other Passenger Vehicles for Hire Franchises.
Company - Taxicabs  - Passenger Vehicle for Hire
Mile High Enterprises (dba The Hickory Hop) - 0 - 5
Yellow Cab - 13 - 1
Diamond Cab of Hickory - 3 - 0
Hickory Limousine - 0 - 3
Platinum Limousine LLC - 0 - 3
Total - 16 - 12

Annually, these companies apply for a renewal of their Certificate of Convenience and
Necessity for the operation of taxicabs and other vehicles for hire.

D. Approval of a Cemetery Deed from City of Hickory to Jacqueline E. Connor, (Southside Cemetery, Plot 4B, Lot Number 9 and 10, Section 4) (Prepared by Deputy City Attorney Arnita Dula).

E. Approval of the Transfer of a Cemetery Deed from Daniel C. Dillon and wife, Catherine H. Dillon to Sherry Lynn Pruitt, (Oakwood Cemetery, Section)

F. Approval of the Transfer of a Cemetery Deed from Peggy F. Flowers, Widow of John R. Flowers and the Estate of David S. Flowers to Peggy F. Flowers, (Oakwood Cemetery)

G. Approval of the Transfer of a Cemetery Deed from Peggy F. Flowers, Widow of John R.
Flowers and the Estate of David S. Flowers to Peggy Flowers, (Oakwood Cemetery)

H. Approval to Purchase a CAD, RMS and Message Switch Server from OSSI in the Amount of $123,419. - Hickory Police Department requests approval to purchase a CAD, RMS and Message
Switch Server in the amount of $123,419 from OSSI. The CAD, RMS and Message Switch Server will allow Hickory Policy Department to receive calls from citizens, dispatch those calls to the officers, allow officers to write the necessary reports and submit the reports using the message switch. This purchase is a sole source as OSSI is the police department’s current vendor of this product and switching vendors would be cost prohibitive. Funds were approved in the FY2015-2016 budget.

I. Adoption of the Amended Memorandum of Understanding regarding the Greater Hickory Metropolitan Organization for Alexander, Burke, Caldwell and Catawba Counties. - On May 27, 2015 the Greater Hickory Metropolitan Planning Organization Technical Advisory Committee approved the amended Metropolitan Planning Organization (MPO) Memorandum of Understanding (MOU). Several changes were made to the MOU with the most important involving the MPO officially accepting the Unifour RPO into the MPO’s planning boundary (all four counties). Due to the significance of this action, the MPO member municipalities must approve the amended MOU by resolution. Staff requests approval of adoption of the amended Memorandum of Understanding regarding the Greater Hickory Metropolitan Organization for Alexander, Burke, Caldwell and Catawba Counties.

J. Budget Ordinance Amendment Number 20.
1. To appropriate Tourism Development Authority (TDA) revenue to repay debt on new parking deck in FY2014-15 budget. The City entered into an agreement with the Tourism Development Authority (TDA) in August 2014 to build a parking deck to accommodate visitors to the convention center. The City secured a $3 million loan with BB&T for a term of 15 years at 2.94% with an increase in TDA rental payments pledged to repay the debt. The first debt payment came due in April 2015, yet an appropriation of the rental payments was not established in the FY2014-15 budget. The attached Budget Ordinance Amendment appropriates the additional revenue that has been received from the TDA as a result of their increase in rental payments.

K. Budget Ordinance Amendment Number 1.
1. To increase General Government-Other Professional Services by $146,200 and decrease Other Financing Uses-Transfer to the Solid Waste Fund by $146,200. This amendment is necessary to correct the original annual budget ordinance due to a change in the Solid Waste fee (from $1 to $2) to a total of $18.50.
2. To appropriate $100 of General Fund Balance and budget in the Library Books line item. Donation from the Hickory Woman's Club in honor of Tamara Faulkner, Paralibrarian of the Year 2015 was received towards the end of the fiscal year and therefore rolled into General Fund Balance. Funds are now appropriated to the Library expenditure line item.
3. To appropriate $73,504 of General Fund Balance and budget in the Library Books line item ($1,160) and Departmental Supplies ($72,344). Donations for the Astronomy purchases were unable to be spent prior to the end of the fiscal year; therefore an appropriation from General Balance is necessary.
4. To budget a $1,366 insurance claim payment from Geico Insurance Company in the Traffic division signs and posts line item. This payment is for damage sustained to a street sign on 03-22-15; however the check was dated 07-02-15 and deposited on 07-06-15.
5. To appropriate $12,180 of General Fund Balance and budget in the Police Departments Contracted Services line item. This amendment is necessary to pay for Smith Rogers PLLC Attorneys at Law for annual legal support. These funds are from State Unauthorized Tax money and are received and reside in General Fund Balance until the time of appropriation for specific uses under the State guidelines.
6. To appropriate $242,814 of Water and Sewer Fund Balance and budget in the Water and Sewer Reimbursable Materials line item. City received two checks from Alexander County for two waterline projects in June and funds rolled into W&S Fund Balance at year end. Once funding is received City Staff solicits bids to complete the project. Therefore an appropriation is necessary to budget funds in the new fiscal year.

L. Special Events Activities Application, Mel’s Jingle Run (Benefitting Operation 300 & PORCH), Sarah Prencipe (Op300 Volunteer), Leslie Knapp (Mellow Mushroom), and Mandy Pitts (PORCH Volunteer), Operation 300, PORCH, and Mellow Mushroom (Peace-A-Pie Makers, LLC), December 12, 2015, Sails on the Square Stage and 5K Route, 6:00 a.m. to 12:00 p.m.

 
Informational Item
A. Proposed Technical Amendments to Blue Bloodhound, LP Economic Development Agreement. In review of the final agreements with Blue Bloodhound, LP, it was determined the intended three year improvement period was incorrectly defined to end 12/31/2017. The unintended effects of this error are reflected in some additional provisions of the agreement. Documentation for the State of North Carolina One NC grant award, for which these grants are being used as a match, allow 36 months for investments and job creation beginning 6/23/2015. Scott Millar, Catawba EDC President, requested mirroring the State filings in his presentation to the Board. Carrying the technical correction throughout the document include extending the initial date of 12/31/2017 to June 23, 2018 in the following provisions:
1) Second Whereas, in the date defining the Improvement Period
2) Paragraph 1.1
3) Paragraph 5.
4) The Chart in Paragraph 7.c. and text in 7.e, and
5) Exhibit A., section (b).

B. Report of City Manager Mick Berry’s travel to North Carolina City County Managers Seminar, Wilmington, North Carolina, June 18 – 21, 2015. (Lodging - $127.44; Meals - $51.00; Registration - $250; Mileage - $348.45; Tips for Parking - $12.00)

New Business - Departmental Reports:
1. Second Reading of Budget Ordinance Amendment Number 20. - To appropriate Tourism Development Authority (TDA) revenue to repay debt on new parking deck in FY2014-15 budget. The City entered into an agreement with the Tourism Development Authority (TDA) in August 2014 to build a parking deck to accommodate visitors to the convention center. The City secured a $3 million loan with BB&T for a term of 15 years at 2.94% with an increase in TDA rental payments pledged to repay the debt. The first debt payment came due in April 2015, yet an appropriation of the rental payments was not established in the FY2014-15 budget. The attached Budget Ordinance Amendment appropriates the additional revenue that has been received from the TDA as a result of their increase in rental payments.

2. Approval to Purchase .890 Acres Located at 1352 12th Avenue NE, Hickory, PIN 3713-14-43-2647 in the amount of $100,000.- Staff requests approval to purchase .890 acres next to the existing Public Services Complex. The property owner, Ms. Katie Childers, approached the City about purchasing this parcel located at 1352 12th Avenue NE, PIN 3713-14-43-2647. The City owns the property to the south and east. The purchase of this property would close out the northwest corner of the public services  property. There is an old skating rink structure on the property that would be of no use to the City. The estimated cost to demolish the structure would be approximately $9,000 - $10,000, and would eliminate an eyesore in the neighborhood. Also on the property is a metal building that is approximately ten years old, which could be utilized by Public Services. A budget amendment was previously approved by City Council for the purchase of the property. Staff recommends approval of the purchase of the property in the amount of $100,000 and approval of the demolition of the old skating rink building located on the property.

3. Presentation of Crafting Hickory Logo


Thursday, July 9, 2015

Remembrance 7+8=15

I'm to the point where I've lived half of my life. You can't take the days for granted anymore, because they become less and less guaranteed as time goes by. I wish others could understand that. Don't waste time. God does not want us to be patient. God wants us to get it done.

The markets are imploding. When one looks at reality, one sees that we have seen nearly eight years of negative growth in the economy. It's getting harder and harder to hide unless you are the willing victim of Stockholm syndrome. Da Chickens comin' home to roost.

Harry Dent interview on Alex Jones - (The Tyrannical Rexes may not like Alex Jones. I don't really care. Here is Harry Dent on the trouble ahead).




Carl Denninger interviewed by Greg Hunter (USA Watchdog) - July 7, 2015 - Debt Going to Explode in our Face








Catherine Austin Fitts interviewed by Greg Hunter (USA Watchdog) - Interview from earlier in the year - 2015 Forecast Volatile & Violent