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09092014:1 MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Regular Meeting on Tuesday, September 9, 2014, at 7:00 p.m. in the Dunn Municipal Building. Present was Mayor Pro Tem Buddy Maness, Council Members N. Cornell 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, Recreation Director Perry Hudson, Librarian Mike Williams, City Engineer Michael Goliber, City Attorney P. Tilghman Pope, City Clerk Debra West, and Daily Record Reporter Keilah Goff. Absent: Mayor Harris Mayor Pro Tem Maness stated that Mayor Harris is on a trip with three other gentlemen representing the General Lee Memorial Commission in Europe. INVOCATION Mayor Pro Tem Maness opened the meeting at 7:00 p.m. and asked Reverend Tim Rice, Pastor of Glad Tidings Church, to give the invocation. Afterwards, the Pledge of Allegiance was repeated. AGENDA ADJUSTMENT AND APPROVAL Motion by Council Member Robinson and seconded by Council Member Barfield to adopt the September 9, 2014 meeting agenda with changes, if any, as listed below. Items Added to the Agenda: • none Agenda Items Removed: • none Motion unanimously approved. PRESENTATIONS Proclamation Presentation - Dixie Youth NC Ail -Stars 8U Girls Darlings State Champions Mayor Pro Tem Maness and Recreation Director Perry Hudson presented a Proclamation recognizing the Dunn Recreation Department Dixie Youth NC All -Stars (8- under) Girls Darlings State Champions and their advancement to compete in the World Series in Bay St. Louis, Mississippi. A copy of Proclamation (P2014 -16) recognizing Dixie Youth NCAII -Stars 8 -Under Girls Darlings State Champions is incorporated into these minutes as Attachment #1. PUBLIC COMMENT PERIOD Mayor Pro Tem Maness opened the floor for a (30) minute public comment period. Hearing no comments, the public comment period was closed. Mayor Pro Tem Maness recessed the Council meeting and opened Public Hearings at 7:18 pm. PUBLIC HEARINGS Property Unfit for Human Habitation 151J &JLane PIN #1526 -14- 4313.000 Mayor Pro Tem Maness stated that the public has been notified that oral and written comments will be heard and received concerning the dwelling located at 151 J & J Lane as being unfit for human habitation. The property is owned by Guy R. Beretich. The public hearing was duly advertised on August 26, 2014 and September 2, 2014. Mayor Pro Tem Maness asked if there was anyone present who wished to speak for or against this property being unfit for human habitation. Hearing no comments, Mayor Pro Tem Maness closed the public hearing and reconvened the regular meeting at 7:19 pm. 01 CONSENTITEMS Minutes — Council considered approval of minutes of the August 12, 2014 City Council meeting. Budget Amendments - Council considered approval of Budget Amendments #5, 6 & 7. A copy of BA #5, 6 & 7 is incorporated into these minutes as Attachment #2. Proclamation - Council considered approval of a proclamation designating September 17 -23, 2014 as Constitution Week. (Clerks Note: Mayor Pro Tem Maness previously presented this proclamation to Ms. Amelia Godwin representing the Cornelius Harnett Chapter of the Daughters of the American Revolution and to M. Phoebe Landfried representing the Smith -Bryan Chapter). A copy of Proclamation (P2014 -17) designating Constitution Week is incorporated into these minutes as Attachment #3. -- Monthly Performance Status Report-HTC — Council considered approval of Status Report for the month of August, 2014 for the NC Catalyst Grant 12 -C -2476 — Harnett Training School Apartments Project. Surplus Resolution — Council considered approval of a Resolution Authorizing the Disposition of Personal Property by electronic means through www.GovDeals.com. A copy of Surplus Resolution (R2014 -16) is incorporated into these minutes as Attachment #4. Motion by Council Member Barfield and seconded by Council Member Turnage to approve all consent items. Motion unanimously approved. ITEMS FOR DECISION Consideration of Ordinance Declaring Property Unfit for Human Habitation 151J &JLane PIN #1526- 144313.000 PARCEL # 0215160272 Building Inspector Mike Blackmon conducted an inspection at 151 J & J Lane and found the structure in a deteriorated condition that does not meet the requirements of the City of Dunn Minimum Housing Code (MHC). The Building Inspector also found the property dangerous or prejudicial to the public health or public safety and is a nuisance in violation of N.C.G.S. 160A -193. The owner of the property has failed to comply with the Building Inspector's order to bring the structure on the property into compliance with the City of Dunn MHC and pursuant to N.C.G.S. 160A -443, the City Council has the authority to direct the Chief Building Inspector to post on the main entrance of the property a placard that states "This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful ". If the owner of the property has not repaired, altered or improved the property to bring it into compliance with Section 4 -31 of the Dunn City Code within (12) months of the adoption of this ordinance, the Building Inspector is directed to bring the matter back before the City Council for further consideration of remedies available to the City of Dunn under N.C.G.S. 160A -443. Chief Building Inspector Steven King stated that a minimum housing inspection was done based upon complaints received from the tenant. After inspecting the property, a hearing was held at which ninety (90) days was imposed to make the necessary repairs. The ninety days (90) has expired and once the structure is closed, the tenants will be removed. Motion by Council Member Barfield and seconded by Council Member McLean to adopt the ordinance Declaring the Property located at 151 J & J Lane (PIN #1526 -14- 4313.000) as Unfit for Human Habitation Pursuant to N.C.G.S. 160A -441, ET SEQ. Motion unanimously approved. A copy of Ordinance (02014 -14) declaring the structure at 151 J & J Lane as Unfit for Human Habitation is incorporated into these minutes as Attachment #5. Trustee's Cancellation for the Deed of Trust — 301 S. Little Avenue Mayor Pro Tem Maness explained that the City Council is being asked to release the lien in the amount of $14,900.00 for the property located at 301 S. Little Avenue and owned by Annie Louise Newkirk. This particular property was rehabilitated in 1994 under the North Carolina Housing Finance Agency Home Improvement Partnerships Program administered through the City of Dunn and is recorded in Harnett County at Book 1064, Page 886, dated August 26, 1994. The terms of the loan have been satisfied and therefore, the Council is being asked to authorize the Mayor Pro Tem to execute the Notice of Satisfaction of Deed of Trust. Motion by Council Member Robinson and seconded by Council Member Barfield to authorize Mayor Pro Tem Maness to execute the Notice of Satisfaction of Deed of Trust for Annie Louise Newkirk, 301 S. Little Avenue. Motion unanimously approved. A copy of the Notice of Satisfaction of Deed of Trust is incorporated into these minutes as Attachment #6. RN Resolution to Apply for the NCDOT Bicycle Helmet Initiative Planning Director Wullenwaber explained that the City is seeking to apply for the North Carolina Department of Transportation Bicycle Helmet Initiative. The initiative provides bicycle helmets to distribute to low income children of our community. This initiative is 100% funded through the NCDOT and the City would receive the helmets in the spring of 2015. The helmets would then be distributed to low income children throughout the community. If awarded, the Planning Department and Police Department are planning more tricycle events in collaboration with the helmet initiative to promote safe cycling among children. There are no matching funds required by the City of Dunn. Motion by Council Member Tart and seconded by Council Member Tumage to approve the Resolution to Apply for the NCDOT Bicycle Helmet Initiative. Motion unanimously approved. A copy of Resolution (R2014 -17) to apply for the NCDOT Bicycle Helmet Initiative is incorporated into these minutes as Attachment #7. Selection of a Consultant for the EPA Brownfields Grant City Planner Samantha Wullenwaber explained that the City of Dunn was awarded a $400,000 fully funded federal grant through the EPA to conduct a Brownfields Community Wide Assessment. These funds will be used to assess abandoned or under - utilized industrial sites that have possible petroleum or hazardous substance pollution. The Request for Qualifications (RFQ) was due on August 29`" and eleven (11) consulting £urns submitted their statement of qualifications. The consultants' qualification proposals were scored. Ms. Wullenwaber stated that they were looking for a firm that had experience with administering the grant project since federal monies have many rules and regulations. The RFQ was advertised on email listservs, sent to all firms who contacted the City interested in the project and posted on the City website as well as advertised in the newspaper. The firm, Amec Environment & Infrastructure, Durham, NC scored the highest in the evaluation and based on their experience and qualifications, the staff feels they are the most qualified to administer this grant. This firm has good experience with public outreach which is a key part of this grant. The cost of the consultant is covered by the $400,000 grant. Motion by Council Member Barfield and seconded by Council Member McLean to approve consultant Amec Environment & Infrastructure, Durham, NC to administer the EPA Brownfields Grant. Motion unanimously approved. Temporary Blocking of Streets - Cotton Festival Manager Autry stated that the Touchstone Energy NC Cotton Festival Committee has submitted a request to close the following streets for the 16" Annual Cotton Festival on November 1, 2014. Friday, Oct 31 from 7:00 pm until after the festival on Nov 1 at 8:00 pm • Wilson Ave. from Edgerton St. to the Fire Station on Harnett St. Saturday, Nov 1 from 6:00 am until 6:00 pm • Broad St. from Clinton Ave. to Layton Ave. • Edgerton St. from Clinton Ave. to Fayetteville Ave. • Wilson Ave. from Cumberland St. to the driveway at the Fire Station on Harnett. • Railroad Ave. from Cumberland St. to Harnett St. • Lucknow Ave. to Broad St. • Fayetteville Ave. from Cumberland St. to Edgerton St. • King Ave. from Cumberland St. to Edgerton St. • Layton Ave. from Cumberland St. to Edgerton St. In addition, they also ask for assistance from city personnel (police, public works and parks and recreation) and that the street sweeper come through after the event on Saturday. Motion by Council Member McLean and seconded by Council Member Tumage to approve the temporary street closings as requested for the 16'h Annual Touchstone Energy NC Cotton Festival. Motion unanimously approved. Voting Delegate for 2014 NCLM Business Meeting Mayor Pro Tom Maness stated that the Annual Business Meeting of the North Carolina League of Municipalities will be held at 1:30 pm on Monday, October 13, 2014 at the Joseph S. Koury Convention Center in Greensboro, NC. 83 Any municipality that plans to attend must have their governing board authorize a voting delegate and an alternate voting delegate to attend this meeting in order for them to cast a vote. Manager Autry will be attending the NCLM Annual Conference. Motion by Council Member Turnage and seconded by Council Member Barfield to designate Manager Autry as a voting delegate representing the City of Dunn, NC at the 2014 North Carolina League of Municipalities annual business meeting on Monday, October 13, 2014 in Greensboro, NC. Motion unanimously approved. Consideration of Municipal Agreement between NCDOT and the City of Dunn for Crossing Safety Project (West Pearsall Street) Manager Autry explained that the Council is being asked to authorize the Municipal Agreement between NCDOT and the City of Dunn to make improvements to the municipal highway — Railway at Grade Crossing on West Pearsall Street along CSXT's mainline in Dunn, NC. Improvements will include the installation of highway — railroad crossing automatic warning devices. NCDOT will be responsible for the warning device work and the City shall be responsible for the roadway approach work. NCDOT will enter into a separate agreement with the railroad for the warning device work, will arrange to have the necessary warning device plans and detailed estimate prepared by the railroad concerned and will review such plans and detailed estimate with the City before approving them for construction. Estimated cost of the Project is $325,000. NCDOT will be responsible for 90% of the actual engineering and construction costs of the warning device work and roadway approach work, except NCDOT will not be responsible for any costs of the project not reimbursed by the Federal Highway Administration. The City shall be responsible for 10% of the actual engineering and construction costs of the warning device work and roadway approach work and shall be responsible for 100% of the costs of the project not reimbursed by the Federal Highway Administration. The Council discussed this issue during the budget work sessions. The City budgeted $32,500 in FY 14 -15 budget. Motion by Council Member Robinson and seconded by Council Member Barfield to accept and authorize the NCDOT Municipal Agreement for Crossing Safety Project (West Pearsall Street). Motion unanimously approved. A copy of the NCDOT Municipal Agreement is incorporated into these minutes as Attachment #8. Financial Report Finance Director Drew Holland provided the following financial report for the period ending July 31, 2014: • As of July 31, 2014, the City had $2M cash in the General Fund and $1.6M in the Water -Sewer Fund. In July of 2013 the City had $2.1M in the General Fund and $1.5M in the Water -Sewer Fund. • Investment earnings are in the .10 % -.08% range. • Building permit fees were $8,429 or 12.58% of budget. Benchmark for this month is .083% of budget. • Water and sewer revenues were $413,295 or .094% of budget. Benchmark for this month is .083% of budget. • Average fuel cost in July for unleaded was $2.76 per gallon and diesel was $2.99 per gallon. The City budgeted $3.15 per gallon. • Sales tax revenue through June, 2014 was $1,344,468 or 96.72% of budget. Benchmark for June was 100% of budget. The July, 2014 sales tax revenue will be received on September 15, 2014. • Expenditures were .093% of budget in the General Fund and .043% of budget in the Water and Sewer fund. The benchmark for this period is .083% of budget. • Contingent upon LGC approval, the audit report should be presented in October or November. At present, there is a surplus from FY 13 -14. Motion by Council Member McLean and seconded by Council Member Tart to accept the Financial Report. Motion unanimously approved. ADMINISTRATIVE REPORTS Council Member Robinson inquired if Police Chief Pope would provide a summary report in addition to his written report. Chief Pope approached the podium and provided the following information: o Existing problem area around the truck stops involves prostitution 0 Successful National Night Out was recently held M • Actively recruiting for anew police officer • Crime reduced 18.7% • Curfew ordinance is very effective • New police cars will be received this week Council Member Turnage thanked the police department as he has had several folks thanked him for the active police patrols in his neighborhood. Council Member Robinson commended Police Chief Pope for the job he is doing. Council Member Barfield asked Chief Pope if animal control statistics could be included in the monthly police report. Motion by Council Member Robinson and seconded by Council Member Barfield to accept the Administrative Reports. Motion unanimously approved. ANNOUNCEMENTS The following announcements and/or comments were made. Mayor Pro Tem Maness: ➢ Boogie on Broad will be held on Thursday, October 2, 2014 from 6:00 pm to 9:00 pm in Downtown Dunn. ➢ Dunn Area Chamber of Commerce will host a Candidates Forum in the Council Chambers on October 7, 2014 at 7:00 pm. ➢ The next regular City Council meeting is scheduled for Tuesday, October 14, 2014 at 7:00 pm. ➢ 106`h Annual North Carolina League of Municipalities Conference will be held on October 12 -14 in Greensboro, NC. Council Member Robinson: Thanked the Daily Record for the article in today's paper about career technical education's importance to workforce development. Council Member Barfield: ➢ Reported that the ditch in front of the ABC Store on Highway 421 has been cut and he thanked Public Works Director Billy Addison for getting this done. ➢ He asked what is being done about basketball goals in the street. Manager Autry responded that door hangers citing the violation are delivered, the courts are removed; however, they are usually put back out. ➢ Basketball courts should not be in the public street and more strict enforcement should be done. Manager Autry: ➢ Invited the City Council to the First Responders Luncheon on Thursday, September 11, 2014 at 12 noon at the Dunn Community Building. With no further business to discuss, a motion was made by Council Member McLean and seconded by Council Member Tart to adjourn the meeting at 8:03 pm. Motion unanimously approved. Attest: Debra G. West City Clerk ``,Nn t I ,, 11 Y p ', OT OORPpR�T'. Z CARGO ` &AM. car N. Harris Mayor