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Tuesday, September 15, 2015

Agenda about the City Council meeting of September 15, 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:  Another routine City Council meeting. We will see if anything interesting happens, but nothing stands out.

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Invocation

Special Presentations
A. Alan Barnhardt – Update on Catawba Science Center Projects

Persons Requesting to Be Heard

Consent Agenda

A. Approval of a Landscape Grant for Non-residential Property Owned by First Lawyers, LLC, Located at 858 2nd Street NE in the Amount of $2,500. - City Council created the Landscape Grant program in 1999 to provide economic incentives for property owners to improve the general appearance of their property. The Community Appearance Commission reviews applications for the grant program and forwards a recommendation of approval or denial to City Council. The grants are designed as a reimbursement grant in which the City of Hickory will match the applicant on a 50/50 basis. The maximum grant amount from the City of Hickory is $2,500. The applicant, First Lawyers, LLC has provided two bids for the removal of two existing hard surfaced areas, which are to be replaced by brick sidewalks and landscaping beds. Both estimates exceed $5,000, and qualifies for the full $2,500 grant. The Community Appearance Commission voted unanimously (7-0), at their August 24, 2015 meeting, to recommend funding of the requested grant in the amount of $2,500.

B. Approval of a Community Appearance Grant for Non-residential Property Owned by Phillip McCluney Located at 903 10th Street NE, in the Amount of $5,000. - City Council created the Community Appearance Grant program in 1999 to provide economic incentives for property owners to improve the general appearance of properties located within the City’s designated Urban Revitalization Area. The Community Appearance Commission reviews applications for the grant program and forwards a recommendation of approval or denial to City Council. The grants are designed as a reimbursement grant in which the City of Hickory will match the applicant on a 50/50 basis. The maximum grant amount from the City of Hickory is $5,000. The applicant, Phillip McCluney has provided two bids for the renovation of an existing commercial building. Both estimates exceed $10,000, and qualifies for the full $5,000 grant. The Community Appearance Commission voted unanimously (7-0) at their August 24, 2015 meeting, to recommend funding of the requested grant in the amount of $5,000.

C. Approval of a Community Appearance Grant for Non-residential Property Owned by
Cooperative Christian Ministry (CCM) Located at 31 1st Avenue NE, in the Amount of $5,000. - City Council created the Community Appearance Grant program in 1999 to provide economic incentives for property owners to improve the general appearance of properties located within the City’s designated Urban Revitalization Area. The Community Appearance Commission reviews applications for the grant program and forwards a recommendation of approval or denial to City Council. The grants are designed as a reimbursement grant in which the City of Hickory will match the applicant on a 50/50 basis. The maximum grant amount from the City of Hickory is $5,000. The applicant,Cooperative Christian Ministry has provided two bids for the renovation of the exterior of
their facility. Both estimates exceed $10,000, and qualifies for the full $5,000 grant. The Community Appearance Commission voted unanimously (7-0) at their August 24, 2015 meeting, to recommend funding of the requested grant in the amount of $5,000.

D. Special Events Activities Application for Rodney Atkins Concert, Megan Meade, Director
of Community Relations and Events, Hickory Crawdads, October 17, 2015 from 9:00 a.m. to 1:00 a.m. at 2500 Clement Boulevard NW.

E. Special Events Activities Application for Symphony Under the Sails, Mandy Pitts,
Communications Director/Brand Manager, City of Hickory, September 20, 2015 from 1:00p.m. to 7:30 p.m. at the Sails on the Square Stage in Downtown Hickory.

F. Special Events Activities Application for Time of My Life Tour, Megan Meade, Director of
Community Relations and Events, Hickory Crawdads, October 16, 2015 from 9:00 a.m. to
1:00 a.m. at 2500 Clement Boulevard NW.

G. Approval of a Cemetery Deed from City of Hickory to Charlie Crews (Southside Cemetery) (Prepared by Deputy City Attorney Arnita Dula).

H. Approve the Transfer of Cemetery Deed from Austra B. Friday, by and through her Attorney-in-Fact, Paul Marshall Friday to Betty Beshears, (Oakwood Cemetery) (Prepared by Attorney John G. Fuller).

I. 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 September 3, 2015:
Each of the following applicants are being
recommended for approval for assistance under the City of Hickory’s 2015 Urgent Repair
Program. This program provides qualified low income citizens with assistance for
emergency related repairs not to exceed $7,200.
 Cassell (Cassie) Deal, 1609 17th Street NE, Hickory
 Rosalyn Reinhardt, 721 7th Avenue Court SE, Hickory
 Doris Sanders, 410 2nd Street SE, Hickory
The Citizens’ Advisory Committee recommends approval of the aforementioned requests for assistance through the City of Hickory’s housing assistance programs.

J. Acceptance of the Bid and Award of the Construction Contract to Hickory Sand Company, Inc. for the Construction of the Sherwood Forest Sewer Project in the amount of $748,924.50. - In 1998 Sherwood Forest was identified as a part of the future service areas for the City of Hickory sanitary sewer system. Staff applied for State Revolving Grant funds for completion of this project on April 1, 1999. Staff resubmitted an updated Preliminary Engineers Report in 2009. NCDENR Division of Water Quality and NC Construction Grants and Loans issued final approval on May 10, 2010. The project was approved for a grant to fund construction of necessary sanitary sewer infrastructure to provide public sewer to the homes in this subdivision. City Council approved the Resolution accepting the application for grant funds in July 2010. The project was advertised for bids and found Hickory Sand Company, Inc. to be the lowest responsible bidder. Staff recommends Council accept the bid and award of construction contract with Hickory Sand Company, Inc. in the amount of $713,261.50, and a contingency of $35,663 for a total of $748,924.50 for the Sherwood Forest sewer project.

K. Acceptance of the 2015 Justice Assistance Grant in the Amount of $19,555 and to Serve
as the Lead Agency in the Grant Process for a Combined Amount of $32,455. - Hickory Police Department requests permission to accept funds from the 2015 Justice Assistant Grant (JAG) to purchase 12 additional body-worn cameras, hardware, hardware service/replacement, and digital evidence management storage. City of Hickory and Catawba County received notification of approval to receive a combined allocation of $32,455 under the 2015 Assistance Grant Program. Catawba County is eligible for a direct award of $12,900 and the City of Hickory is eligible for a direct award of $19,555. There is no match required. The City of Hickory has agreed to serve as lead agency in the grant application process. Hickory Police Department recommends acceptance of the JAG grant to purchase the additional body worn cameras, hardware, service and digital evidence management solution in the amount of $19,555 and to serve as lead agency in the grant process for a combined amount of $32,455.

L. Acceptance of the Bulletproof Vest Grant for the Purchase of Bulletproof Vests for Police
Officers. - Hickory Police Department requests permission to accept a grant to assist in funding the purchase of bulletproof vests for police officers. The grant will pay up to 50 percent of the cost of NIJ approved vests purchased by Hickory Police Department. Forty-five vests have been requested at an estimated price of $750 for each vest. Hickory Police Department has a mandatory wear policy for all uniformed officers while on duty. Funds are placed in the police department budget uniform line item annually to purchase vestsfor police officers. Life expectancy of each vest is approximately five years. The Police Department recommends acceptance of this grant to receive up to 50 percent funding to purchase bulletproof vests for police officers.

M. Grant Project Ordinance Number 2.
1. To set up Bulletproof Vest Partnership project to allow for the purchase of 45 vests at ($750) and $400.00 shipping for a total expense of $34,150. The City has received a Federal award from The United States Department of Justice in the amount of $16,672.24 to pay up to 48.82% of the costs of National Institute of Justice approved vests. The required local match in the amount of $17,477.76 will be transferred from the original police department operational budget.

N. Budget Ordinance Amendment Number 6.
1. The City has received a Federal award from The United States Department of Justice in the amount of $16,672.24 to pay up to 48.82% of the costs of National Institute of Justice approved vests. The required local match in the amount of $17,477.76 will be transferred from the original police department operational budget via this Budget Ordinance Amendment request.



New Business - Public Hearings
1. Consolidated Annual Performance and Evaluation Report (CAPER). - The U.S. Department of Housing and Urban Development requires the City of Hickory, as a Community Development Block Grant (CDBG) entitlement funding recipient, to report on CDBG monies spent within the previous fiscal year. This report, the Consolidated Annual Performance and Evaluation Report (CAPER)
evaluates the effectiveness of the use of resources in addressing identified goals and objectives cited in the Annual Action Plan which is prepared before the fiscal year begins. The CAPER outlines the City’s CDBG expenditures from July 1, 2014 through June 30, 2015. Staff recommends approval of the FY2014-2015 Consolidated Annual Performance and Evaluation Report. This public hearing was advertised in a newspaper having general circulation in
the Hickory area on September 4, 2015 and September 15, 2015.


Departmental Reports
1. Acceptance of the Bid for the Water Treatment Facility Emergency Power Generator Replacement Project with Crowder Construction Company in the amount of $2,699,000. The City of Hickory Water Treatment Facility was last upgraded in 1993. This upgrade included the installation of a new emergency generator that would provide power for the acility in the event of a power failure. The emergency generator is a permit required critical piece of equipment for operations of the facility. The existing generator is approximately 24 years old and has exceeded the mechanical life of the unit. Vendors cannot provide replacement parts to repair the existing unit. In October of 2014 Council approved contracting with HDR Engineering, Inc. to evaluate the existing conditions, and analyze the generator for proper sizing. The project was advertised for bids and found Crowder Construction Company to be the lowest responsible bidder. The bids received are below the Engineer’s Estimate of $3.0 million dollars. Staff recommends Council accept the bid for the Water Treatment Facility emergency power generator replacement project with Crowder Construction Company in the amount of $2,699,000. This project is planned as a component of the FY 2015-2016 Capital Budget to be funded from Capital Reserves.

2. Acceptance of the Southwest Hickory Revitalization Strategy Plan for the Southern Desk and Ivey Weaver Cotton Mill. - The City of Hickory applied for two Community-wide Brownfield Assessment Grants from the US EPA in November 2011. In May 2012, the City received notice that it had been selected to receive two $200,000 grants to assess petroleum and hazardous materials contamination at Brownfield sites. The City’s environmental consultant, AMEC Foster Wheeler, subcontracted with CIII Associates to compete a redevelopment strategy for the former Southern Desk and Ivey Weaver Cotton Mill sites. The City hosted a public workshop in May 2015. After reviewing the existing conditions at the sites, speaking with residents, and conducting market analysis, CIII Associates has presented a mixed use vision to guide future development at the two sites. Staff recommends that City Council accept the Southwest Hickory Revitalization Strategy plan for the Southern Desk and Ivey Weaver Cotton Mill sites.

Sunday, September 13, 2015

Newsletter about the City Council meeting of September 1, 2015

(Final Release)
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.

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Hound Notes: Been sick and had other obligations. Seems I've had a lot of those things happen lately. There wasn't anything imperative that happened at this meeting. The main issue was a continuation of the issue related to the long time proposed bridge that would come off of I-40, head down McDonald Parkway and 29th avenue, then Huffman Cove Road, and cross into Caldwell County in the Gun Powder point area. Several people spoke against this proposal, because it has been tabled for so long, and the local Metropolitan Planning Commission owns rights of way in that area, that it is having a negative impact on these people dealing with property transactions. A lady, Mrs. Denise Poe, recently came before the City Council and discussed this issue. She was unable to sell a piece of property she owns, because the bank would not submit a loan because of these right of way issues. There was a special meeting, held before this meeting, in which these issues were discussed. I did not attend. In the end, the City Council decided that they would submit a letter to the Caldwell County Commission that states that the "Right of Way" should be removed from this property. Mayor Wright, Aldermen Lail, Seaver, and Zagaroli voted to send the letter. Aldermen Meismer, Guess, and Alder Patton voted against and wanted a feasibility study done before voting on the issue.

The second issue of the night was an ordinance related to animals being present in public places at public events. The issue was brought forth at a recent council meeting by Police Chief Adkins. The issue related by Chief Adkins deals with control of pets and safety interacting with other pets and people in these areas. The Council unanimously agreed with the ordinance. There are some exceptions set forth in the ordinance.

I would like to note that although not perfect these recordings are now Closed Captioned for the Hearing Impaired. Look for the CC button at the bottom right on Youtube.

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Invocation by Alderman Danny Seaver


Special Presentations
A. Summer Library Reading Program - (per Hickory Inc.) - Ms. Lisa Neal, Children’s Services Coordinator of Patrick Beaver Library discussed highlights from the summer library reading program. She presented a PowerPoint presentation of the events that was held. She advised there was 1,325 children that had signed up for summer reading at Hickory Public Library; 5,737 people that attended the 172 programs that was offered over eight weeks at both libraries. The total number of minutes read was 1,192,400. That was almost 20,000 hours of book time in Catawba County in eight weeks.

B. Special Recognition - (per Hickory Inc.) - Mayor Wright recognized City Clerk Debbie Miller for the designation of North Carolina Certified Municipal Clerk from the North Carolina Association of Municipal Clerks.


Persons Requesting to Be Heard
A. Mr. Daniel Blackwelder addressed Council regarding a proposed thoroughfare. He expressed concerns regarding the lines on a plat that had been presented to Council at a workshop. He stated that the lines appear to be arbitrary lines in terms of where they fall on the map. He commented that in reality, Mr. Marshall had said that it was an inaccurate representation of how the thoroughfare and bridge would cross the lake. He was concerned about the potential effect it may have on the marketability of the property in the area. He commented that if the lines are not accurate they should be removed or the planning authority should come back in and do a better job of locating them on the maps so that they more accurately represent where this possible future bridge will go.

B. Ms. Denise Poe advised Council that she had previously spoken to them. She is fighting against a bridge that she was told would never come. She questioned why Council would want to hold up progress for her, the neighborhood, and for the buyers who would like to build on this property. She advised that the cost of that property was not much when you are going to the expense to build a bridge. She advised that it was a lot to her, and that she needed to sell the property. She asked Council to not prevent this for something that will likely never happen, when it will cause harm for years and years for the people who own the property. She requested Council write a letter supporting the removal of the easement from their property.

C. Mr. Charlie Brady thanked Council for conducting a workshop of the Hickory Newton-Conover Thoroughfare Plan. He advised that rerecording the plat would not be a viable option. As long as the thoroughfare plan is out there, it would be doubtful that Crescent would want to record it without it, as long as that plan was floating out there. If it is withdrawn, and the plat is still in existence, a title search would discover that and it is a red flag. You would do due diligence to find out the status of the corridor project. Through COG there would be a statement that would say that is off the table. He commented about the potential inaccuracies that may be currently on the plat. He requested that COG do a review of those plats to see where they mesh with the plan. That might provide some relief to some people if there are inaccuracies. This plat has been there for 24 years, and the bridge was “dead in the water” since 2002. He commented that it is a cloud on title. He questioned how long it should effect people like Ms. Poe and other property owners. He urged City Council to help these property owners by voting to have the plan withdrawn. They could take that recommendation to the Caldwell County Commission and talk to them individually. There has not been a formal vote by that board, so it is not a done deal or the final word on the subject. He commented that they did not have an informative session like Hickory City Council did before they discussed it. He advised that would be part of their plan moving forward.

D. Ms. Carrie Craymer thanked Council and advised that she had learned a lot from the informative meeting. She advised that she lived in Phase 1 and they had built in 1998. She advised that Phase 1 and 2 were built and later on Phase 3 was built. Unfortunately the folks that built in Phase 3 were misdirected. They had been told many times that the toll bridge was gone. The industry was thriving at that time and there was not as much pressure on the banks with money. That is what is happening with Phase 3 that have not built homes. That is being viewed negatively toward the banks. She thanked Council for any support that they would give to the fellow citizens.

E. Mr. Larry Pope thanked Council for the opportunity to voice his personal opinion on what was brought to Council by the COG. He commented that once something is in the planning stage, but it interferes with a citizen’s right to use their personal property to the fullest capacity, he would hope that City Council would do a letter to Caldwell and advise Caldwell County Commissioners that Council has no problems with this being removed from the plans for a widening of Gunpowder Road. He was of the opinion that if DOT wants to widen that road then let the State come back in and give fair market value for the property owners, instead of holding them hostage by keeping that information floating out there to who knows to who. He encouraged City Council members and the Mayor to do a letter saying to Caldwell County that they do not object to removing the necessary items that will free up the usage by citizens of Caldwell County in that area.

Council discussion of this issue - A motion was made to address this issue.  John Marshall of the Western Piedmont Council of Government came to the podium to address the Council. The downside of removing this from Metropolitan Planning Agenda is that if it is removed, then it is going to be hard to get back in there (the thoroughfare plan - the rotation with the State Government). You would have to start all over again. Do you see a potential of growth in the Hickory/Southern Caldwell region that would dictate needing that bridge in the future. Mayor asked about what we have in this - time and money? Been on the thoroughfare plan since 1983. Alderman Lail moved to send a letter to the Calwell County Commisissioners stating that "We aren't petitoning the MPO for removal of the proposed thoroughfare. We have no objection to them acting to remove any reservation of rights of way that might relate to that proposed thoroughfare." Because we don't know the alignment and no environmental impact studies have been done... Alderman Meisner asked why this group doesn't go to the caldwell Comission first. Why should (the Council) take a stand first. Alderman Lail said he was being supportive and doesn't like bureaucracy and this lady (Mrs. Poe) getting held up. Alderman Meisner talked about the plan to build out that area - Crawdads stadium along the river and into southern Caldwell County. This will make it hard for people from that area to get to Viewmont and vice versa. Alderman Lail said that his motion isn't that this item be removed from the thoroughfare plan. Further discussion was held related to what good would such a letter to the Calwell County Commission do. Mr. Marshall related how the same issue would exist, if the rights of way are removed, but this thoroughfare remains in place... (Discussion continued) Mr. Brady came back and addressed the Council in relation to the plats and lines along the plats as far as where the bridge would cross the river. He spoke about the arbitrary plkan of where the bridge would cross the river. Mr. Marshall spoke about a 1997 feasibility study. Guess and Patton spoke about asking for a feasibility study. Mr. Marshall stated that could take anywhere from 6 months to 10 years.  The Council did choose to send a letter in support of Alderman Lail's motion  "We aren't petitoning the MPO for removal of the proposed thoroughfare. We have no objection to them acting to remove any reservation of rights of way that might relate to that proposed thoroughfare."

Consent Agenda - Unanimously approved



New Business - Public Hearings
1. Consideration of Changes to Hickory City Code Ordinance Chapter 4 – Animal and Fowl. - Presentation by Police Chief Adkins - This is a continuation of the August 4, 2015 meeting.


General Comments
Alderwoman Patton commented that she attended the Viewmont Business Association meeting
and they had incorporated the City’s logo in their logo. They have the Street Strut coming in
September. There are 44 businesses signed up to participate and promote the Viewmont area. She commented that the Science Center is putting on a portal to science that is helping the Caldwell Social Services, Burke, Alexander, Catawba, and Catawba Public Health to get disadvantaged
children access to the Science Center. They want everybody to have access there.
Mayor Wright advised that he had presented a proclamation to Lenoir-Rhyne University on their
125th Anniversary,which will continue all year. This year they have a record enrollment at their
three campuses. They have a record number of freshman and 500 student athletes’and 50
international students. We are very proud of Lenoir-Rhyne and the contribution that they have made, and are continuing to make.
Mayor Wright commented that Benton Blount from Granite Falls would be on America’s Got Talent. He encouraged citizens to cast a vote for him.
Alderman Seaver commented that Lenoir-Rhyne was one of the top six small college towns in North Carolina, because of the relationship between Hickory and Lenoir-Rhyne.
Mayor Wright advised great article in “Our State” magazine.

Closed Session
At approximately 8:22p.m. Council went into Closed Session.
At approximately 9:00 p.m. Council returned to open session and approved a settlement agreement with the Faruque’s and a budget amendment to meet the financial obligation of the settlement.

Tuesday, September 1, 2015

Agenda about the City Council meeting of September 1, 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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Invocation by Rev. Karla Woggon, Rector, Episcopal Church of the Ascension

Special Presentations
A. Summer Library Reading Program
B. Special Recognition

Persons Requesting to Be Heard

Consent Agenda:
A. Approval of a Resolution to Declare 6,225 Surplus Discarded Library Materials. - Staff requests approval of a Resolution to declare 6,225 surplus discarded library materials. These materials will be given to the Friends of the Library to sale at the Friends October 2015 Book Sale and/or at the “Corner Book Store” at Patrick Beaver Memorial Library. The donated and discarded books is the primary fundraising activity of the Friends of the Library and discarded library materials comprise a significant portion of their inventory. The sale of these items ultimately benefits the library, and is an
appropriate means of disposing of unneeded materials. Public Notice advertised on August 22, 2015 in a newspaper having general circulation in
the Hickory area.

B. Call for Public Hearing for Consideration of Fiscal Year 2014/2015 Consolidated Annual Performance and Evaluation Report (CAPER). (Authorize Public Hearing for September 15, 2015)

C. Approve the Transfer of a Cemetery Deed from Agnes Lee Ballenger, single; Donna Davis Ballenger, Davis B. Weaver, and Melissa B. Jordan, Co-Trustees of the Thomas C. Ballenger Revocable Trust Dated October 13, 2011; Donna Davis Ballenger, Davis B. Weaver, and Melissa B. Jordan, Co-Trustees of the Thomas C. Ballenger Family Trust; Lucinda G. Ballenger, and husband, Robert H. Brinkley, III; Melissa B. Jordan and husband Erik W. Jordan; and Davis B. Weaver, single to Donna Davis Ballenger, widow, (Oakwood Cemetery, Section 21, Plot K, Lot A1, Grave Space Numbers 1-5 and 8)(Prepared by Attorney Kimberly H. Whitley).

D. Special Events Activities Application for Brews and Bases, Megan Meade, Director of Community Relations and Events Hickory Crawdads, September 12, 2015 from 11:00 a.m. to 6:30 p.m. at 2500 Clement Boulevard. 

E. Budget Ordinance Amendment Number 21.
1. To budget $900,000 of Transportation Fund-Fund Balance appropriated in the Airport FBO Other Professional Services line item for fiscal year 2014-2015. Funds will be used in the AGI Associates LLC and CRA Enterprises Inc. Airport settlement due to pending litigation at the end of the fiscal year.

F. Grant Project Ordinance Number 1.
1. The U.S. Environmental Protection Agency approved the City of Hickory Brownfields Area-Wide Planning grant in the amount of $200,000. Council accepted the grant on May 19, 2015. This GPO formally requests the initial budget to establish the project on the City of Hickory accounting system. The project period is 08/01/15 - 07/30/17. There is no required match for the federal grant. Grant funds will be used to create a comprehensive small area plan forthe redevelopment and eventual cleanup of the project area. The grant will enable the City to plan for the re-use and eventual cleanup of a number of sites within the target area, including the former Joan Fabrics site.

New Business - Public Hearings
1. Consideration of Changes to Hickory City Code Ordinance Chapter 4 – Animal and Fowl. - The City of Hickory approves organizations to use public property, Union Square and other venues, to host events for the public. Over the years citizens and staff have expressed concerns about animals being allowed at these events because of public safety concerns for the citizens and animals attending the event. The Legal Department, Police, Parks and Recreation, and Branding/Public Information Office have worked together to develop proposed changes to the Hickory City Code Chapter 4 (Animal and Fowl) 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 humans or another animals. Staff recommends City Council consider changes to the Hickory City Code Chapter 4 (Animal and Fowl) that would restrict animals on public property during approved special events. This public hearing was advertised in a newspaper having general circulation in the Hickory area on August 21, 2015.

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.

***Final Release***


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Hound Notes: The issue related to this meeting was Larry Pope asking questions related to the Hickory Housing authority and its evolution into becoming Unifour Capital Ventures. This issue came up during the presentations by the group from 4th Street SW and the proposed affordable housing apartment project that is to be built there.

In my opinion Larry Pope asked questions that need to be answered. The Mayor brought the subject of Larry's brother into the conversation, which in my opinion was completely unnecessary. Then Larry went back to the podium to rebut the inferences of the Mayor. The City Council said in May that the Hickory Housing Authority needed to answer questions posed by the 4th street group and here we are going into September. They reaffirmed this in August when the 4th Street group came before them again. The Mayor said in the August meeting that a reason why the HHA had not come before the City Council is because the Council didn't know what questions to ask. In my opinion, the Council wants to know what the HHA's answers will be before they come before the Council.

In the Agenda notes I believed that the Lenoir-Rhyne Commission and Claremont Neighborhood Group coming before the Council would promote the Sidewalk being built from L-R to Union Square. They did not do that at this meeting. Ryan Edwards address of "University City Commission" issues seemed to spell out that they are having some trouble branding this initiative and moving some goals forward when it comes to student participation. The Claremont Neighborhood presentation was essentially a checklist of what that neighborhood has done and is looking to do.


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Special Presentations
A. Business Well Crafted Award Presentation to Hickory Daily Record  -
Hickory Daily Record-News. Well Crafted.
City of Hickory recognizes Hickory Daily Record for 100 years in business with the Business. Well Crafted. award

B. Ryan Edwards - Update from University City Commission  - Spoke about progress and accomplishments. Struggles have centered around promoting events and getting student participation in events. UCC provides incoming students welcome to Hickory t-shirts and have a gathering. There is an L-R discount program with local businesses. Last April the had a concert. They are looking into providing more mentorships to retain more L-R talent in the area. They want to create a centralized effort through the Chamber of Commerce. Exploring transportation to get around the City easier. They are supportive of entertainment opportunities in the mill district. A video below promotes L-R.
     




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. -
Cal Overby presentation - He laid out the geography of the area, which incorporates the L-R area. The original plan came into existence 7 years ago. Boundaries are Main Avenue, 8th avenue, the boundary of L-R's campus, and 1st and Center Street to the west.  He spoke about the goal for pedestrian improvements. Spoke about Zoning and preserving the Neighborhood character and Historic Districts. Spoke about Land Use strategies and Conditional Zoning and how property is developed. and design standards. Talked about thoroughfare improvements, especially related to Hwy 127. Talked about improvemnet of pedestrian safety, especially related to speeding issues and control. Want the area to be inviting to pedestrians. Spoke about safety issues including noise. Want a tool for getting the word out related to safety/crime issues. Want parks, McComb and Fox monitored better for vagrancy. Look into possibilities of expanding the district. Want dog station, trash cans in parks, work with art commission, IDing trees in the arboretum. Other general recommendation were mentioned.



Persons Requesting to Be Heard
A. Billy Sudderth – City Owned Vacant Lot Located at 121 7th Avenue SW
Mr. Sudderth spoke about creating a multi-purpose center in Ridgeview at this location. He say that the people of Ridgeview are looking to support economic growth in the city in which they love. This plan would prolong and enhance the legacy of the vanishing (Ridgeview) community. This center would house various programs to provide training opportunities in all aspects of social, economic, education, leadership, health, finance, culinary, supporting mental and spiritual development. They will have programs to reduce criminal activity and help individuals seeking job opportunities... Billy had handed out some material for the council to look at.


B. Deb McNeur – Problems with Wildlife in the Neighborhood
Spoke about an issue with racoons in her residential area. She belies they are stuck in a jurisdictional issue. It is effecting their quality of life. There was a rabies issue at her house. She said that this area has become wildlife heaven. Groundhogs, foxes, rabbits, and squirrels were mentioned existing along the 321 area in southwest Hickory. She spoke about a neighbor's chickens being destroyed. She spoke about racoon roundworm and it not being able to be treated. This parasite can be passed to humans. Animal control is not allowed to trap the animals and residents aren't allowed to either. She says that their health is at risk and they are in a quandary.

C. Larry Pope - Questions about the Hickory Housing Authority  -
Larry spoke about his concerns dealing with the Hickory Public Housing Authority and asked who is Unifour Capital Ventures? Who is the Hickory Public Housing Authority?  How did Unifour Capital Ventures come up with a $150,000 checking account when they came before the Council needing $20,000 of taxpayers monies to apply for a planning grant from HUD to do new public housing in the city of Hickory? Are you aware that in 2012, HUD gave the deed of trust to of all units of public housing to various housing agencies across the United States For those who had applied for Rad funds? Were you/are you in control of those deeds of trust? Do you have knowledge of what is being done with those units? Are you aware that the Hickory Public Housing Authority has plans on selling Ridgecrest Apartments...? Are you aware of everything that this group is doing? Do you know that HPHA is stating that the City of Hickory no longer appoints their board members. Their board members appoint board members to Unifour Capital Ventures. Where is this group trying to go? What is this group trying to accomplish? How much knowledge do you have about what they are doing? You are aware that in 2012, Mayor Wright and one of the board members met with Alanda Jackson (Director of HPHA) after HUD came in and found misappropriation of over $200,000? Are you aware that in 2013, HUD came in and found another $200,000+ dollars misappropriated? Are you aware that HPHA currently owes over $500,000 to HUD (related to this matter). How long do they have to repay that money? How long will you as a City Council continue to appoint the same board members to the HPHA that is now going under the name Unifour Capital Ventures? What is their intention? Can you answer that question? What do they plan on doing? Do you Know? I heard one of the City Council members say at the last meeting, Council member Patton, that she needed more information about HPHA and Unifour Capital Ventures before any decisions could be made about that group. Are you doing your investigation? Are you aware of everything going on with a group that you are supposed to have control over? Are they doing what they want to do regardless of what the resolution says that they are supposed to be doing according to the resolution that established the HPHA in the early 1960s? Or have they gotten to the point that they know it doesn't matter to you what they do, they can do it? He once again asked, do you know what they are doing?

The Mayor began speaking on the issue saying he was compelled to respond to a couple of those things... and he begins (here is the response)... and then a confrontation begins when the mayor alludes to Larry Pope's brother.

(Hound Notes): Alderman Meisner asks if they have a meeting scheduled with the Housing Authority. Manager Berry states that there is no scheduled meeting with the housing authority per se. Alderman Meisner suggests taking the minutes from Mr. Pope's comments and bringing them up at that meeting. The Mayor interjects about "bring Mr. Pope's comments" and then begins commenting on what he labels as "Mr. Pope's comments."

Larry wasn't making comments. He was asking questions that need to be answered. He was formerly on that board until he went to HUD about some issues taking place with that board. His going to HUD seems to have been the main impetus that led to his being removed from that board -- ie removal of a whistle blower.

The Mayor and the others should be embarrassed by what we have seen in relation to this board, but he continues to double down without public transparency being mandated. Go back to this misappropriation of funds. It is the Mayor's opinion that there was no misappropriation of funds. Well. HUD sees it differently or they would not willy-nilly demand the monies back. It seems that there have been multiple investigations and probations. HUD doesn't seem to be doing this everywhere, which seems to point to an issue. Last year HPHA came before council and said they wanted to change the mission of HPHA and never mentioned this Unifour Capital Ventures entity. Why? That seems like a big omission. Then they are only moving existing public housing a few blocks over to a controversial site. Why? Then this group of business people ask questions and are basically promised that Council will get to the bottom of it and now Manager Berry says here that no meeting is scheduled and the Mayor said at the August 4 meeting that they would be coming before the Council, but they don't know yet what questions to ask... here you go, along with the questions the 4th street group wants the answers to.

The Mayor talked about baseless and slanderous allegations made by Mr. Pope. That seemed pretty harsh. If there are easy explanations for all of this, then it should be easily cleared up by a presentation of the Housing Authority and it shouldn't take 3+ years to get answers to the public. Larry asked questions. The Mayor made comments that seemed to infer that Larry had some misappropriate dealings related to interactions between Larry's brother and the HPHA. Let's just answer the questions and let the chips fall where they may.


Consent Agenda

Matters not on the Agenda 
Alderman Lail made a motion seconded by Alder Patton to discuss the Persons requesting to be Heard issues after regular business had been taken care of.

General Comments

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