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0812201474 MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Regular Meeting on Tuesday, August 12, 2014, at 7:00 p.m. in the Dunn Municipal Building. Present was Mayor Oscar N. Harris, Mayor Pro Tern Buddy Maness, Council Members N. Carnell Robinson, Frank McLean, Billy Tart, Chuck Turnage and Billy Barfield. Also present was City Manager Ronnie Autry, Assistant City Manager Steven Neuschafer, Finance Director Drew Holland, Public Works Director Billy Addison, Public Utilities Director Dean Gaster, Chief Building Inspector Steven King, Planning Director Samantha Wullenwaber, Police Chief Jimmy Pope, Human Resources Director Anne Thompson, Recreation Director Perry Hudson, Librarian Mike Williams, City Engineer Michael Goliber, City Attorney P. Tilghman Pope, Administrative Support Specialist Melissa Dudley and Daily Record Reporter Keilah Goff. Absent: City Clerk Debra West INVOCATION Mayor Harris opened the meeting at 7:00 p.m. and asked Police Chaplain Reverend Dennis Manuel, to give the invocation. Afterwards, the Pledge of Allegiance was repeated. AGENDA ADJUSTMENT AND APPROVAL Motion by Mayor Pro Tern Buddy Maness and seconded by Council Member Billy Barfield to adopt the August 12, 2014 meeting agenda with changes, if any, as listed below. Items Added to the Agenda: • Authorization for Community Service Contribution to Friends of the Howard House FY 14 -15 Agenda Items Removed: • none Motion unanimously approved. PRESENTATIONS Proclamation Presentation - Midway Raiders Baseball - NCHSAA 2 -A Championship Mayor Harris, Manager Autry and Recreation Director Hudson presented a Proclamation to the Midway High School Raiders Baseball Team in recognition of winning the State 2 -A Baseball Championship on June 7, 2014. A copy of Proclamation. (P2014 -15) recognizing the Midway High School Raiders Baseball Team is incorporated into these minutes as Attachment #1. PUBLIC COMMENT PERIOD Mayor Harris opened the floor for a (30) minute public comment period. Mr. James Clark, 611 N. Wilson Avenue, Dunn, NC asked about the status of the Harnett Training School Campus Senior Apartments Project. Mayor Harris responded that the public comment period is not for questions and answers but he would answer this question by saying that it is still a work in progress. Mayor Harris recessed the Council meeting and opened Public Hearings at 7:15 pm. PUBLIC HEARINGS USDA Loan Application Purchase of Police Vehicles Mayor Harris stated that the public has been notified that the Dunn City Council will receive comments concerning the City's desire to secure a loan from the United States Department of Agriculture, Rural Development to obtain sufficient funds to secure a loan and grant for the purchase of six (6) vehicles for the Police Department. He stated that the public hearing is the opportunity for the Council to hear comments and opinions from the public to include any party for or against the proposed loan application. The public hearing was duly advertised on July 29, 2014. Mayor Harris asked if there was anyone present who wished to speak for or against this loan application. Mr. Rossie Bullock, USDA Area Director, addressed the key items within the Letter of Conditions. The Letter of Conditions describes the financing in the amount of $137,000 at an interest rate of 4% over a period of seven (7) years and a grant in the amount of $23,000 to purchase six (6) police vehicles. The 75 current interest rate of 4% will be fixed; however, if the interest rates drop between now and the time of loan closing, the City of Dunn would receive the benefit of the lower rate. Mr. Bullock explained that if the Council accepts the Letter of Conditions and the funding that is presented, he would ask that they allow the Mayor and Clerk to execute all necessary documents in order to secure the benefit of this funding. Hearing no further comments, Mayor Harris closed the public hearing. Demolition of House 1100 N. Layton Avenue PIN #1517- 704935.000 Mayor Harris stated that the public has been notified that oral and written comments will be heard and received concerning the demolition of the dwelling owned by James H. Leggett, Jr. and wife, Vivian M. Leggett and located at 1100 N. Layton Avenue. The public hearing was duly advertised on July 25, 2014 and August 1, 2014. Mayor Harris asked if there was anyone present who wished to speak for or against the proposed demolition. Mr. James Leggett, owner of the property, stated that he had talked to the Building Inspector before beginning any work on this house but then his brother Reno died and three months later in April, he woke up to a fire in his house. He stated that he is going to fix this house but he is more thankful to still be here. He took money from his retirement account to begin repairing the house but he had to use it for a son that will start college next week. He is slowly taking money to try to complete the repairs. He stated that the only thing that burned in the house was some sheetrock and the side of the house. He does home repairs for a living. It is taking more money and time to tear out and haul materials to the landfill. He's worked hard for his house and doesn't want to lose it. Presently, he's staying in his daddy's rental house while he repairs this house. He's talked with Inspector King and explained what has been going on. He needs more time to repair this house. Mayor Harris asked Chief Building Inspector King to address this matter. Mr. King stated that this house burned on April 11, 2014 and the process is to usually condemn a house that has been burned. The hearing with Mr. Leggett was held by telephone and he was given 60 days which have expired. Mr. Leggett has done some clean-up; he has not purchased a permit to do the repairs. Mr. King explained that he only has authority to grant him 60 days; however if the Council grants him an extension, he will support that. Mr. King stated that with an additional 60 days, Mr. Leggett could make progress. Mayor Hams asked if there was further comment from the public. Mr. James Clark, 611 N. Wilson Avenue, Dunn, stated that he would want the same courtesy to be afforded him and asked that Mr. Leggett be given more time. Hearing no further comments, Mayor Harris closed the public hearings and reconvened the regular meeting at 7:24 p.m. Minutes — Council considered approval of minutes of the July 8, 2014 City Council meeting Monthly Performance Status Report-HTC — Council considered approval of Status Report for the month of July, 2014 for the NC Catalyst Grant 12 -C -2476 — Harnett Training School Apartments Project. Budget Amendments - Council considered approval of Budget Amendments #1 & 2. A copy of BA #1 & 2 is incorporated into these minutes as Attachment #2. Destruction of Municipal Records - Council considered approving the destruction of Finance Department records which have exceeded the required retention time pursuant to the Municipal Disposition Schedule. A list of those records that have exceeded the required retention schedule and approved for destruction is incorporated into these minutes as Attachment #3. Motion by Council Member Barfield and seconded by Council Member McLean to approve all consent items. Motion unanimously approved. ITEMS FOR DECISION Consideration to Adopt a Resolution and Accept the Letter of Conditions for USDA Loan/Grant Application — Police Vehicles The Council is being asked to accept a loan offer not to exceed $137,000 and a grant not to exceed $23,000 from the USDA for the purpose of purchasing six (6) Police Vehicles in FY 2014 -15. City Manager Autry explained that the City obtained a similar loan/grant last year and this does allow the grant to fund one car at no cost to the City. The debt service payment will begin in FY 2015 -16. r[el Motion by Council Member Robinson and seconded by Mayor Pro Tem Maness to adopt the Resolution and authorize the Mayor to execute documents associated with the USDA loan/grant application. Motion unanimously approved. A copy of the USDA Resolution (R2014 -14) is incorporated into these minutes as Attachment #4. Consideration of Ordinance to Demolish House - 1100 N. Layton Avenue PIN #1517 -70- 4935.000 Mayor Harris stated that Chief Building Inspector Steven King has conducted an inspection at 1100 N. Layton Avenue and based upon his observations and due to the house being burned on April 8, 2014, the structure failed to comply with the minimum standards of fitness established by the minimum housing code of the City of Dunn. The Building Inspector also found the dwelling dangerous or prejudicial to the public health or public safety and is a nuisance in violation of G. S. § 160A -193. The owner of the property has failed to comply with the Building Inspector's order and according to N.C.G.S. § 160A -443, the City Council has the power to proceed with demolition of this property. Council Member Robinson asked Mr. Leggett if he felt that 60 days would be adequate time to make the repairs. Mr. Leggett responded he would put his best effort forward. Motion by Council Member Robinson and seconded by Council Member Barfield to table this matter for 60 days. (PIN #1517 -70- 4935.000). Motion unanimously approved. Memorandum of Understanding between The City of Dunn and Love's Travel Stops — Sewer Improvements With no objections from the City Council, Mayor Harris deferred action on this matter until the September Council meeting due to ongoing negotiations between all affected parties. Award Bid — Love's Travel Stops Sewer Improvements With no objections from the City Council, Mayor Harris deferred action on this matter until the September Council meeting due to ongoing negotiations between all affected parties. Trustee's Cancellation for the Deed of Trust — 307 E. Harnett Street Attorney Pope explained that the City Council is being asked to release the lien in the amount of $18,500.00 for the property located at 307 E. Harnett Street and owned by the heirs of Novella P. Rawlings. This particular property was rehabilitated in 1998 under the Small Cities Community Development Block Grant Program administered by the State of North Carolina, Department of Commerce, Division of Community Assistance and is recorded in Harnett County at Book 1309, Page 769, dated November 13, 1998. The terms of the loan have been satisfied and therefore, the Council is being asked to authorize the Mayor to execute the Notice of Satisfaction of Deed of Trust. Motion by Council Member Robinson and seconded by Council Member Tart to authorize Mayor Harris to execute the Notice of Satisfaction of Deed of Trust for Novella P. Rawlings, 307 E. Harnett Street. Motion unanimously approved. A copy of the Notice of Satisfaction of Deed of Trust is incorporated into these minutes as Attachment #5. Capital Project Ordinance - Dunn City Hall & Harnett Training School Renovations City Manager Autry explained that this ordinance will need Council approval so that the budget for this project can be established for accounting purposes. The capital project ordinance will take the place of an annual budget ordinance, because it is not part of the City's recurring operations and expenditures and will continue for the life of the project. This project is related to improvements to City Hall & Harnett Training School. This project will be paid through installment financing. An interest only payment will be made in fiscal year 15 -16. The first annual debt payment will be made in fiscal year 16 -17 and will be reflected in the General Fund operating budget. Motion by Mayor Pro Tern Maness and seconded by Council Member McLean to adopt the Capital Project Ordinance for the "Dunn City Hall & Harnett Training School Renovations ". Motion unanimously VIA approved. A copy of Capital Project Ordinance (02014 -13) for "Dunn City Hall & Harnett Training School Renovations" is incorporated into these minutes as Attachment #6 Authorization to Replace Clarifier at Wastewater Treatment Plant and Approve Budget Amendment #3 Manager Autry explained that replacement of all components of a clarifier at the Wastewater Treatment Plant was scheduled for this past fiscal year but was delayed and removed from the FY 14 -15 budget due to budget constraints. It was discussed during the budget work sessions that if the clarifier deteriorated further, we would recommend replacement with funds from the Enterprise Fund Surplus. If approved, this project should be complete by November, 2014. An appropriation of $112,500 is requested from the Enterprise Fund Balance. Motion by Council Member Barfield and seconded by Council Member Robinson to approve replacement of components in the clarifier in the amount of $112,500 and approve Budget Amendment #3. Motion unanimously approved. A copy of Budget Amendment #3 is incorporated into these minutes as Attachment V. Resolution for Approving the 2012 Dunn Local Water Supply Plan Manager Autry stated that the 2012 Dunn Local Water Supply Plan must be adopted by the City Council and a copy of the signed resolution must be submitted to Linwood Peele, Chief of the Water Supply Planning Section of the North Carolina Department of Environment and Natural Resources, Division of Water Resources to be compliant with the requirements of N.C.G.S. 143 - 355(1). Mr. Autry explained that the 2012 LWSP was submitted to the Water Supply Planning Section of the North Carolina Department of Environment and Natural Resources, Division of Water Resource in the early part of 2013 for review. In June 2014, the plan was reviewed by Mr. Vardry Austin and comments and questions were sent to the City of Dunn for response. After addressing all comments and questions and submitting requested data, the 2012 Dunn Local Water Supply Plan is deemed to meet minimum criteria established in N.C.G.S. 143 - 355(1). Motion by Council Member Tart and seconded by Council Member McLean to adopt the Resolution Approving the 2012 Dunn Local Water Supply Plan. Motion unanimously approved. A copy of Resolution (R2014 -15) approving the 2012 Dunn Local Water Supply Plan is incorporated into these minutes as Attachment #8. Amendment to the Water Purchase Contract Between the City of Dunn and the Town of Falcon Manager Autry stated that the Council is being asked to amend the Water Purchase Contract made on the 6'h day of September, 1990 between the City of Dunn and the Town of Falcon to reflect a minimum quarterly usage of not less than 7.2 million gallons, or approximately 80,000 gallons per day. The issue of stipulating minimum usages within water contracts was discussed by the City Council during the FY 2014- 2015 budget work sessions. Motion by Council Member McLean and seconded by Council Member Barfield to adopt the Amendment to the Signed Agreement made on the 6" day of September, 1990 between the City of Dunn and the Town of Falcon. Motion unanimously approved. A copy of the Amendment to the Water Purchase Contract between the City of Dunn and the Town of Falcon is incorporated into these minutes as Attachment #9. Mayor Harris explained that this will bring the Town of Falcon in line with guaranteeing a minimum usage in their water contract which will result in a lower government bulk rate charge of $2 per 1,000 /gallons. For informational purposes, Manager Autry advised the Council that he has been contacted by Sampson County after they received a water bill with the new government bulk rate of $4 per 1000 /gallons to users that do not guarantee a minimum usage in their water contract. A meeting will be held immediately. Consideration of Community Service Contribution to Dunn United Ministerial Association (DUMA) Manager Autry stated that a letter has been received from Mr. Charles Carpenter, Treasurer for the Dunn United Ministerial Association, officially requested a donation from the City of Dunn to financially assist the association in acquiring a 501 (c) (3) classification to continue their work in helping residents in the community. The Council was provided with a DUMA -Food Pantry Expense Report from November '13 — February '14 (Setup). Mayor Hams read from the report the cumulative total expense grand total (Setup) _ $52,964.75. From the period of March — July 2014, they received contributions of $15,674.58. From March — July 2014, food pantry expenses totaled $15,561.49. Mayor Harris stated that the pantry serves (2) days per month, is well - manned and is a great program in our community. fim Mayor Pro Tom Maness asked Manager Autry how much money was budgeted for community service for this budget year. Manager Autry responded that if approved, this contribution will be paid from excess monies in the FY 13 -14 budget. Funds are available but none are specifically budgeted for community contributions and requests are considered as received. It is proposed to take $7,500.00 from FY 13 -14 budget. Motion by Council Member Robinson and seconded by Council Member Barfield to authorize a community service contribution to DUMA in the amount of $7,500.00 from FY 13 -14. Council Member Robinson commented that DUMA has served the community and helped many families for many years. Mayor Pro Tern Maness asked if this will be an annual contribution request. Mayor Harris responded that this is a specific request for establishing their 501 (c) (3) status and any future requests for contributions would come before the Council. Motion unanimously approved. Authorization for Community Service Contribution To Friends of Howard House — FY 14 -15 Mayor Harris explained that the Friends of the Howard House officially requested a donation of $5,000 to help make their final payment for the restoration project of the Howard House. The City of Dunn has provided funding to the Friends of the Howard House in the past. Motion by Council Member Turnage and seconded by Council Member Barfield to authorize a community service contribution to the Friends of the Howard House in the amount of $5,000. Motion unanimously approved. Temporary Blocking of Streets — 6th Annual Kellie's Krew 5K Run A request has been received from Kim Schmidlin, on behalf of The Kellie's Krew 5K Run Team, to close portions of certain streets within the City of Dunn as indicated on the attached map on Saturday, August 23, 2014 from approximately 6:00 am until 1:00 pm. This event will start and end at the General Lee Museum. Motion by Council Member McLean and seconded by Council Member Barfield to approve the temporary street closing as requested by Kim Schmidlin, to hold The 6t' Annual Kellie's Krew 5K Run. Motion unanimously approved. Temporary Blocking of Street — E. Cole Street from N. Clinton Avenue to N. Wilson Avenue City Manager Autry explained that this is a normal request that was received on August 5, 2014 from Mr. Tony McDuffre requesting the closing of E. Cole Street from N. Clinton Avenue to N. Wilson Avenue on Saturday, August 30, 2014 from 12:00 noon — 9:00 pm to hold a family reunion. Motion by Council Member Robinson and seconded by Council Member Barfield to approve the temporary street closing as requested by Mr. Tony McDuffie, to hold a family reunion. Motion unanimously approved. ITEM FOR DISCUSSION AND /OR DECISION Financial Report Finance Director Drew Holland provided the following financial report for the period ending June 30, 2014: • As of June 30, 2014, the City had $23M cash in the General Fund and $1.7M in the Water -Sewer Fund. In June o£2013 the City had $2.9M in the General Fund and $1.6M in the Water -Sewer Fund. • Investment earnings are in the .10 % -.08% range. • Building permit fees were $155,604 or 282.91% of budget. Benchmark for this month is 100°% of budget. • Water and sewer revenues were $4,456,150 or 96.87% of budget. Benchmark for this month is 100% of budget. • Average fuel cost in June for unleaded was $2.83 per gallon and diesel was $2.99 per gallon. The City budgeted $3.15 per gallon. • Sales tax revenue through May, 2014 was $1,212,063 or 87.20% of budget. Benchmark for this month is 91.66% of budget. Estimate for June, 2014 is $1,329,596 or 95.65% of budget. • Expenditures were 93.59% of budget in the General Fund and 93.60% of budget in the Water and Sewer fund. The benchmark for this period is 100% of budget. W Mayor Harris asked Finance Director Holland to make a comparison between the budgets for June 30, 2014 and June 30, 2015 for any recommendation of changes to the Council so they will know if they are on target for 2015. Mayor Harris asked Mr. Holland to provide the Council with cautions and alerts in future financial reports in order to keep the Council in line. Motion by Council Member Tart and seconded by Council Member McLean to accept the Financial Report. Motion unanimously approved. ADMINISTRATIVE REPORTS Motion by Mayor Pro Tem Maness and seconded by Council Member Barfield to accept the Administrative Reports. Motion unanimously approved. ANNOUNCEMENTS The following announcements and/or comments were made. Mayor Harris: ➢ City offices will be closed on Monday, September 1, 2014 in observance of Labor Day. ➢ The next regular City Council meeting is scheduled for Tuesday, September 9, 2014 at 7:00 pm. Mayor Pro -Tem Maness will be presiding since Mayor Harris will be on his journey to visit Normandy. ➢ Recognized Executive Vice President Tammy Williams of the Chamber of Commerce for attending the meeting tonight. Mayor Harris thanked the Department Heads for bringing expenditures under budget for this past year. He thanked the Recreation Department and Recreation Director Perry Hudson for the wonderful state tournament games that were hosted in Dunn. Council Member Barfield: ➢ Complaints received about recycle cans and trash cans being left by the street at the apartment complex on N. Orange Avenue. Manager Autry explained that this matter has been addressed. Closed Session 8:03 pm — Motion by Council Member Tart and seconded by Council Member Robinson to enter Closed Session in accordance with N.C.G.S. 143- 318.1l(a)(3) to protect the attorney- client privilege regarding the pending lawsuit between the City of Dunn and Burney and Burney Construction Company. Motion unanimously approved. 8:33 pm — Motion was made by Mayor Pro Tem Maness and seconded by Council Member Tumage to end the Closed Session. Motion unanimously approved. Motion by Mayor Pro Tem Maness and seconded by Council Member Turnage to approve the minutes of the Closed Session as prepared by City Attorney Pope. Motion unanimously approved. With no further business to discuss, a motion was made by Council Member Barfield and seconded by Council Member McLean to adjourn the meeting at 8:34 pm. Motion unanimously approved. *Minutes typed by City Clerk Debra G. West D Os arN. Harris , Mayor Attest: 9 Lcy Debra G'. West City Clerk ,. Y GORPngq v