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10142014M MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Regular Meeting on Tuesday, October 14, 2014, at 7:00 p.m. in the Dunn Municipal Building. Present was Mayor Oscar N. Harris, Mayor Pro Tent Buddy Maness, Council Members N. Carnefl 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 Goflber, 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 Reverend Floyd Ray, Pastor of Mt. Zion Missionary Baptist 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 October 14, 2014 meeting agenda with changes, if any, as listed below. Items Added for Decision to the Agenda: • Interlocal Cooperation Agreement for the Consolidation of Emergency Communications and Dispatch Operations between Harnett County and the City of Dunn • Interlocal Cooperation Agreement for the Installment of Utility Infrastructure Improvements between Harnett County and the City of Dunn • Amendment to the Signed Water Purchase Contract made on the 0 day of January, 1996 between the City of Dunn and the Sampson County Water and Sewer District 2. Agenda Items Removed: • none Motion unanimously approved. PRESENTATIONS Mr. Stephen Bzomowski - Alta Planning + Design - Comprehensive Bicycle Plan Mr. Stephen Bzomowski, planner from Alta Planning + Design presented the draft final Comprehensive Bicycle Plan to the Council and briefly highlighted the plan which will be before the Council for adoption at the November Council meeting. He entertained questions from the Council. Council Member Turnage asked where a copy of the plan could be obtained. Mr. Bzonowski responded that the draft plan is available for review at www.dunnbikeplan.com. PUBLIC COMMENT PERIOD Mayor Harris opened the floor for a (30) minute public comment period James Colville, 304 S. Washington Avenue, Dunn, asked if we have forgotten our neighborhoods. He stated that it is a disgrace and shame that this is an All- America City when his wife can look out of her window and witness someone in her back yard urinating or watch the exchange of drugs in the streets of Pearsall and Washington. He stated that within a two block radius, there are three to four drug houses. Tammy Williams, Executive Vice President of the Dunn Area Chamber of Commerce, thanked the Council for all they do to support the DACC. She reported that the DACC Education Committee met today and she wanted to make sure that the Council and citizens are aware that there is a redistricting plan being proposed by the Board of Education for Dunn Middle School which is of great concern to the Education Committee as it could economically impact the City of Dunn. She stated that she will be researching this issue and she encouraged the Council to also research this issue to be informed. The Board of Education will hold a public hearing on the proposed plan on Thursday night, October 23, 2014 at 6:30 p.m. at the old Lillington School cafeteria. Mrs. Williams stated that a map is on -line and available for review. Mayor Harris stated that the Council will be asked to set a special meeting date for Tuesday, October 21, 2014 to discuss this issue. He thanked Ms. Williams for bringing forth this information and added that the City of Dunn has the best Chamber of Commerce in the State of North Carolina. Mayor Harris recessed the Council meeting and opened Public Hearings at 7:34 pm. M PUBLICHEARINGS Demolition of House 808 N. King Avenue PIN #1517 -70- 2062.000 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 located at 808 N. King Avenue. The public hearing was duly advertised on September 30, 2014 and October 7, 2014. Mayor Harris asked if there was anyone present who wished to speak for or against this demolition. Hearing no comments, Mayor Harris closed the public hearing and reconvened the regular meeting at 7:35 p.m. CONSENTITEMS Minutes — Council considered approval of minutes of the September 9, 2014 City Council meeting. Budget Amendments - Council considered approval of Budget Amendments #8 & 9. A copy of BA #8 & 9 is incorporated into these minutes as Attachment #1. Proclamation - Council considered approval of a proclamation designating October 19 -25, 2014 as National Friends of Libraries Week. Council Member Barfield read the proclamation. A copy of Proclamation (P2014 -20) designating National Friends of Libraries Week is incorporated into these minutes as Attachment #2. Proclamation — Council considered approval of a proclamation designating October 25, 2014 as "Fall Clean Up Day" in the City of Dunn. Mayor Pro Tem Maness read the proclamation. A copy of Fall Clean Up Day Proclamation (P2014 -21) is incorporated into these minutes as Attachment #3. Monthly Performance Status Report-HTC — Council considered approval of Status Report for the month of September, 2014 for the NC Catalyst Grant 12 -C -2476 — Hamett .Training School Apartments Project. Resolution— Council considered a Resolution Urging a Safe and Courteous Halloween on Friday, October 31, 2014. Council Member Tumage read the Resolution. A copy of Resolution (R2014 -18) Urging a Safe and Courteous Halloween is incorporated into these minutes as Attachment #4. Motion by Council Member Barfield and seconded by Council Member McLean to approve all consent items. Motion unanimously approved. ITEMS FOR DECISION Consideration of Ordinance to Demolish House 808 N. King Avenue PIN #1517 -70- 2062.000 Mayor Harris stated that Chief Building Inspector Steven King has conducted an inspection at 808 N. King Avenue and based upon his observations, 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 N.C.G.S. §160A -193. The owner 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 the demolition of this property. Chief Building Inspector Steven King stated that this house is different than any that they've dealt with in the past. It was part of Young Subdivision, Plot #3 developed in the 1900's. After extensive research at the Register of Deeds office, it was discovered that there has never been a recorded deed to this property so there has never been a legal owner. After complaints were received about this property, all correspondence from the Inspection's department was posted on the house and in the local newspaper with no response. He reported that an elderly man had lived there and once he passed away a year or so ago, the house has been empty. Council Member Barfield asked how this escaped the City and County from taxes all these years. Inspector King responded he could not answer that question. Mr. Barfield questioned whether the City could tear this house down and take the property with no owner listed for this property. Attorney Pope answered that in looking solely at the Harnett County GIS /Land Records, it appears that 209 W. Cole Street is being taxed for a part of the parcel of property this house is on and 806 N. King is being assessed for a portion of the real property that the other part of this house sits on. When the house is tom down, the real estate is going to be part on the property of 806 N. King .Avenue and part on the property of 209 W. Cole Street; legally that may or may not be accurate but that is what Harnett County is showing so if that is accurate, taxes have been getting paid on the real estate but not been getting paid on the structure itself. MA Motion by Council Member Tart and seconded by Council Member Tumage to adopt the ordinance directing the Building Inspector to proceed with the demolition of the dwelling located at 808 N. King Avenue (PIN #1517 -70- 2062.000). Motion carried 5 -1 with Council Member Barfield opposing. A copy of Ordinance (02014 -15) to demolish the structure at 808 N King Avenue is incorporated into these minutes as Attachment #5. Consideration of Ordinance to Demolish House — 1100 N. Layton Avenue PIN #1517 -70- 4935.000 (Tabled at 8 -12 -14 CCMtg.) At the August 12, 2014 City Council meeting, a motion was made by Council Member Robinson and seconded by Council Member Barfield and passed unanimously, to table the demolition of this structure for 60 days to allow the property owner, James Leggett additional time to make the proper repairs to this house. Since the August meeting date, the inspections department has not been notified of any progress to this structure and a building permit has not been issued for any renovations to this structure. The inspections department has made several attempts to contact the property owner which have not been successful. The Council may decide if additional time will be granted or if the demolition of this structure will be ordered. Chief Building Inspector King stated that in the last sixty days, this property has not changed much at all. During the last conversation with the property owner three to four weeks ago, the owner was trying to get a dumpster on site so he could start cleaning out the property and tearing out old material; however, as of today there is no dumpster on the site and the owner has not been to the inspections office to get a building permit to do any kind of repair work. The owner has torn out material from the house. Mayor Harris asked Mr. King if the extension time has expired. Mr. King responded yes, the owner was given 60 days before the matter was brought to the Council and then the Council granted the owner an additional 60 days to make the repairs. Mayor Harris stated that the Council was kind to offer the owner 60 days. Mr. King stated that the property is basically in the same shape as it was 120 days ago. Mayor Harris asked Mr. King for his recommendation to the Council. Mr. King responded the structure needs to be demolished. Mayor Hams asked Mr. King if he needs 30 days to follow -up with the owner to make sure he's not going to make any progress. Mr. King responded that would be an option; however the owner was given an additional 60 days with no progress. Mayor Harris stated that his concern is that materials have been tom out of the house yet the owner has not made any efforts to get a permit to repair the house. He questioned if a permit was required before material could be tom out of the house. Mr. King responded that a permit is not required to tear out material. Mayor Pro Tern Maness stated that his recollection was the owner said he would have it repaired in 60 days and the Council questioned if that would be enough time and the building inspector said with the appropriate workers, it could be done. Mr. Maness questioned if the owner has done what he said he would do. Mayor Harris said that the Council may adopt the demolition order or give the owner an extension of 30 days so the Building Inspector can follow -up with the owner to make absolutely sure before bringing it back to the Council for decision. Council Member McLean commented that if the owner is doing something, he would not want to pull the rug from under him. Mayor Pro Tern Maness stated that if this was important to the owner, he would have been present tonight to speak to the Council and present his case as to why the Council should grant additional time. Council Member Barfield asked Mr. King if the owner had been notified of tonight's meeting. Mr. King responded yes. Council Member Robinson stated that based on the information they have received tonight, efforts to contact the owner have been fruitless, and when he is in contact it is because inspections contacts him. He looked at the house and did not see anyone working there. He questioned how fair is it to other property owners to keep extending time when nothing has physically changed and it impacts the neighborhood. He would love to save the house but he feels the Council made a good faith effort to do that. Motion by Council Member Tumage and seconded by Council Member Robinson to adopt the ordinance directing the Building Inspector to proceed with the demolition of the dwelling located at 1100 N. Layton Avenue (PIN #1517 -70- 4935.000). Motion unanimously approved. A copy of Ordinance (2014 -16) to demolish the structure at 1100N. Layton Avenue is incorporated into these minutes as Attachment #6. I Change Order No. 1— Tyler Park Phase 2 PARTF Improvements Manager Autry explained that the Council is being asked to approve Change Order No. 1, an increase of $49,000 for the Tyler Park Phase 2 PARTF Improvements. The original contract price from Trader Construction Company prior to this Change Order was $368,350.00. The contract price incorporating this Change Order is $417,350.00. Justification for Change Order No. 1 is an additional tennis court per the original design approved by PARTY for grant approval. Motion by Council Member Barfield and seconded by Council member Tumage to approve Change Order No. 1 for the Tyler Park Phase 2 PARTF Improvements. Mayor Pro Tern Maness questioned if the tennis courts is the only portion of the project being constructed without naming rights. Manager Autry responded that is correct. Motion unanimously approved. A copy of Change Order No. I is incorporated into these minutes as Attachment #7. "No Parking" Zone — Lucknow Square between Cumberland Street and Divine Street Mayor Harris explained that Dunn Emergency Services, Inc. is requesting that the City Council establish a "No Parking" zone on both sides of Lucknow Square between Cumberland Street and Divine Street. There is currently a "No Parking" zone on the west side of Lucknow Square for a portion of the block. Motion by Council Member Robinson and seconded by Council Member Barfield to approve a "No Parking" Zone on both sides of Lucknow Square between Cumberland Street and Divine Street. Motion unanimously approved. Budget Amendment for Change to Audit Contract F/Y 2013 -2014 Finance Director Drew Holland explained that the original audit contract which was approved earlier in the year did not include the preparation of the financial statements. Motion by Council Member McLean and seconded by Council Member Barfield to approve Budget Amendment #10 for FY 2014 -2015 and change to the F/Y 2013 -2014 Audit contract. Motion unanimously approved. A copy of BA #10 and the F/Y 2013 -2014 Audit Contract is incorporated into these minutes as Attachment #8. Closed Session Mayor Harris explained that the Council will consult with the City Attorney on various contracts that the City will enter into and therefore action will be taken after the Closed Session. 8:11 pm — Motion by Mayor Pro -Tem Maness and seconded by Council Member Robinson to enter Closed Session in accordance with N.C.G.S. 143- 318.11(a)(3) to consult with the City Attorney regarding legal contractual obligations. Motion unanimously approved. 9:00 p.m. — Closed Session ended Motion by Council Member Barfield and seconded by Council Member Robinson to approve the minutes of the Closed Session as prepared by City Attorney Pope. Motion unanimously approved. Memorandum of Understanding between the City of Dunn and Love's Travel Stops — Sewer Improvements (deferred at 8 -12 -14 CCMtg.) Manager Autry explained that the Council is being asked to authorize the MOU between the City of Dunn and Love's Travel Stops whereby the City of Dunn will allow Love's Travel Stops to connect to a Sanitary Sewer System projected to construct in 2014 -2015 and owned by the City of Dunn in consideration of Love's contributing $1,150,000.00 toward the project. Love's present septic system is insufficient. Harnett County granted Love's an extension to bring their system into compliance. Love's requested this service from the City of Dunn and upon evaluating the long -term benefit to the City of Dunn, the City pursued this project. Motion by Council Member Tumage and seconded by Council Member Barfield to authorize the MOU between the City of Dunn and Love's Travel Stops. Motion unanimously approved. A copy of the MOU Agreement is incorporated into these minutes as Attachment #9. :• Interlocal Cooperation Agreement for the Installation of Utility Infrastructure Improvements Between Harnett County and the City of Dunn Manager Autry stated that this agreement is for the Love's Travel Stops Sewer Improvement Project which includes the installation of 16,000LF of 6" force main, 540LF of 8" gravity sewer and an adequate pump station to handle the wastewater. This project will make sewer available to other locations along the I -95 Exit 77 Corridor. The County has agreed to contribute $125,000 to participate in funding a portion of the costs of the project. Motion by Mayor Pro Tern Maness and seconded by Council Member Tart to approve the Interlocal Cooperation Agreement for the Installation of Utility Infrastructure Improvements between Harnett County and the City of Dunn. Motion unanimously approved. A copy of the Interlocal Cooperation Agreement is incorporated into these minutes as Attachment #10. Interlocal Cooperation Agreement for the Consolidation of Emergency Communications and Dispatch Operations between Harnett County and the City of Dunn Manager Autry explained that during the budget work sessions, the City budgeted for six months of operations of our Dispatch Center and approved the consolidation with Harnett County effective January of 2015. That process is currently being worked on to make this transition. This agreement includes the transfer of equipment and the transfer of E911 Surplus Fund Balance and E -911 Surcharges. During the fast year of consolidation, the City agreed to fund six months of the operations at which point Harnett County will take over. The second year the City will contribute $125,000 towards the County's additional cost for consolidation for FY 2015 -16. Year three and subsequent years, the City shall pay to the County, only radio fees as set forth in the contract that all agencies pay to the County. Motion by Council Member Barfield and seconded by Council Member McLean to approve the Interlocal Cooperation Agreement for the Consolidation of Emergency Communications and Dispatch Operations between Harnett County and the City of Dunn. Motion unanimously approved. A copy of the Interlocal Cooperation Agreement is incorporated into these minutes as Attachment #11. Award Bid — Love's Travel Stops Sewer Improvements (deferred at 8 -12 -14 CCMtg.) Manager Autry explained that bids were received and opened on Thursday, July 31, 2014 for the Love's Travel Stops Sewer Improvements. This contract will consist of 225 GPM Submersible Wastewater Pumping Station and Standby Power System, 16,000 LF of 6" Forcemain by Open Cut and Bore & Jack, & Directional Bore Methods and 540 LF of 8" Gravity Sewer by Open Cut Methods. The five (5) lowest bids were submitted by the following contractors: Base Bid Ralph Hodge Construction $1,037,154.50 Wilson, NC Step Construction, Inc. $1,115,318.70 LaGrange, NC Frank Horne Construction $1,116,617.54 Fair Bluff, NC Temple Grading & Construction $1,160,435.00 Bunnlevel, NC T.A. Loving Co. $1,163,005.00 Goldsboro, NC After evaluation of bids received, Davis - Martin- Powell & Associates recommends that the City of Dunn make an award to Ralph Hodge Construction in the amount of $1,037,154.50. Motion by Council Member Tart and seconded by Council Member Barfield to award the contract for Love's Travel Stops Sewer Improvements to Ralph Hodge Construction in the amount of $1,037,154.50. Motion unanimously approved. A copy of the Project Cost Estimate and recommendation of Bid Award submitted by Davis- Martin - Powell and the Certified Bid Tabulation is incorporated into these minutes as Attachment #12. Award Bid - City of Dunn, NC Downtown Revitalization - Magnolia Avenue (Base Bid) — Cumberland Street (Alternate Bid) Mayor Harris deferred this item of business to the special call meeting date (TBA) .1 Amendment to the Signed Water Purchase Contract made on the 4" day of January, 1996 Between the City of Dunn and the Sampson County Water and Sewer District 2 Manager Autry explained that the City has been in negotiations with Sampson County with regard to amending their water contract for a stated volume purchased per day. With Sampson County's wells in production, they are still experiencing some issues. In this amendment, Sampson County agrees that their minimum quarterly usage shall not be less than thirty (30) million gallons, or approximately 333,333 gallons per day. Motion by Mayor Pro Tern Maness and seconded by Council Member Tumage to approve the Amendment as proposed. Motion unanimously approved. A copy of the Amendment to the Water Purchase Contract between the City of Dunn and Sampson County is incorporated into these minutes as Attachment #13. Set Date for Special Call Meeting City Attorney Pope explained that the purpose of this special call meeting is to receive information and reports regarding the proposed Middle School Redistricting Maps Distributed by the Board of Education last week and the impact to the Citizens of Dunn and to take any action the Council may deem appropriate in response to the information received. Motion by Council Member Barfield and seconded by Council Member Tart to set a special call meeting on Tuesday, October 21, 2014 at 8 a.m. in the Dunn Municipal Building. Motion unanimously approved. AND /OR DECISION Financial Report Finance Director Drew Holland provided the following financial report for the period ending August 31, 2014: • As of August 31, 2014, the City had $964,022 cash in the General Fund and $1,711,642 in the Water -Sewer Fund. In August of 2013 the City had $1,805,009 in the General Fund and $1,701,573 in the Water -Sewer Fund. • Investment earnings are in the .10 % -.08% range. • Building permit fees were $13,999 or 20.89% of budget. Benchmark for this month is 16.67% of budget. • Water and sewer revenues were $858,563 or 19.44% of budget. Benchmark for this month is 16.67% of budget. • Average fuel cost in August for unleaded was $2.71 per gallon and diesel was $2.97 per gallon. The City budgeted $3.15 per gallon. • Sales tax revenue through July, 2014 was $137,688 or 9.80% of budget. Benchmark for July was 8.33% of budget. The August, 2014 Sales Tax Revenue received today was $113,000. • Expenditures were 21.08% of budget in the General Fund and 14.46% of budget in the Water and Sewer fund. The benchmark for this period is 16.67% of budget. Finance Director Holland also provided the Council with a report on the Harnett Training School Project. Assistant City Manager Steven Neuschafer gave an update on the Harnett Training School Project. Motion by Council Member McLean and seconded by Council Member Barfield to accept the Financial Report and the update by Mr. Neuschafer. Motion unanimously approved. ADMINISTRATIVE REPORTS Motion by Council Member Tart and seconded by Council Member McLean to accept the Administrative Reports. Motion unanimously approved. ANNOUNCEMENTS The following announcements and/or comments were made. Mayor Harris: ➢ DACC Beautification & Image Committee will be coordinating a Fall Clean -up Day on Saturday, October 25`h— Volunteers should meet at 8:30 a.m. at Sherry's Bakery. ➢ "Trick or Treat" times will be observed in the City limits of Dunn on Friday, October 31" from early evening until 8:30 p.m. ➢ 16" Annual Touchstone Energy Cotton Festival will be held on Saturday, November I' from 10 a.m. until 4 p.m. in Downtown Dunn. This past weekend, Ms. Peacock was crowned "Miss Dunn"; (it has been some thirty years since this has occurred). This pageant is a preliminary to the Miss North Carolina Pageant. There will also be a Miss Dunn Cotton Festival queen participating in the Miss North Carolina Pageant. ➢ City offices will be closed on Tuesday, November 11, 2014 in observance of Veterans Day. ➢ The next regular City Council meeting is scheduled for Thursday, November 13, 2014 at 7:00 pm. 91 Y Veterans Day Services will be held on the steps of the General Lee Museum at 2 pm on Sunday, November 9`s. Mayor Pro -Tem Maness: ➢ Wished everyone a safe time while out observing the fall festivals and trick -or- treating and asked everyone to be mindful of the children participating in these events. Council Member Barfield: ➢ Asked citizens to report any suspicious activity to the Police Department. ➢ Concerned with the political sign ordinance. 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 9:35 pm. Motion unanimously approved. *Minutes typed by City Clerk Debra G. West CITY ()p QORPpq^ Attest: L JJ. &L�t Debra G. West City Clerk I �I/�iu o . Mayor