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01102012MR MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Regular Meeting on Tuesday, January 10, 2012, at 7:00 P.M. in the Dunn Municipal Building. Present was Mayor Oscar N. Harris, Mayor Pro Tern N. Carnell Robinson, Council Members Buddy Maness, Bryan Galbreath, Billy Tart, Chuck Turnage and Billy. Barfield. Also present was City Manager Ronnie Autry, Assistant City Manager Steven Neuschafer, Public Works Director Billy Addison, Public Utilities Director Dean Gaster, Finance Director Mark Stephens, Human Resources Director Anne Thompson, Planning Director Samantha Lloyd, Chief Building Inspector Mike Blackmon, Police Chief B.P. Jones, Recreation Director Perry Hudson, Librarian Mike Williams, City Engineer Michael Goliber, City Attorney P. Tilghman Pope, City Clerk Debra West and Daily Record Reporter Brian Haney. INVOCATION Mayor Harris opened the meeting at 7:00 p.m. and asked Police Chaplain Reverend Roy Johnson to give the invocation. Afterwards, the Pledge of Allegiance was repeated. AGENDA ADJUSTMENT AND APPROVAL Motion by Mayor Pro Tem Robinson and seconded by Council Member Maness to adopt the January 10, 2012 meeting agenda with changes, if any, as listed below. Items Added to the Agenda: • none Agenda Items Removed.• • none Motion unanimously approved. PUBLIC COMMENT PERIOD Mayor Harris opened the floor for a (30) minute public comment period. Hearing no comments, the public comment period was closed. JMayor Harris opened public hearings at 7:06 p.m. PUBLICHEARINGS Ordinance Amendment OA -01 -12 Chapter 11; Article VI, Division 1 Section 11 -198 Taxicabs Amounts of Fares Mayor Harris stated that this is a request to hereby amend Chapter 11, Licenses and Business Regulations Ordinance, of the City of Dunn Code of Ordinances; Article VI, Division 1, Section 11 -198. This amendment will revise the procedure for establishing taxicab fares. The amendment proposes to review the taxicab fare every fiscal year and establish a rate in the fee schedule according to the current market standard. The public hearing was duly advertised on December 27, 2011 and January 3, 2012. Mayor Harris asked if there was anyone present who wished to speak for or against OA- 01 -12. Hearing no comments, Mayor Harris closed the public hearing. Demolition of House 601 E. Bay Street PIN #1516 -64- 8890.000 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 Timothy O. and Tammy M. Holley and located at 601 E. Bay Street. The public hearing was duly advertised on December 27, 2011 and January 3, 2012. Mayor Harris asked if there was anyone present who wished to speak for or against the demolition of this structure. Mr. Oscar McPherson, 604 E. Bay Street, Dunn, stated that this dwelling at present is not livable. He is concerned with young kids in the neighborhood riding their bikes up a pile of dirt along a fence on this property and if something is not done, these children may hurt themselves. If the owner does not bring this 187 property to code, he is hopeful that the Council will vote to have this property destroyed to make the community better. Hearing no further comments, Mayor Harris closed the public hearing. Property Unfit for Human Habitation 209 S. Elm Avenue PIN #1516 -75- 1996.000 Mayor Harris stated that the public has been notified that oral and written comments will be heard and received concerning the dwelling located at 209 S. Elm Avenue as being unfit for human habitation pursuant to N.C.G.S. 160A -441, ET SEQ. This property is owned by Mark and Dianne Vafai. The public hearing was duly advertised on December 27, 2011 and January 3, 2012. Mayor Harris asked Chief Building Inspector Blackmon to give an updated report about this dwelling. Mr. Blackmon reported that the property owner contacted him yesterday and asked for an inspection of this dwelling today. After inspecting the dwelling today, he found the property in compliance with the City of Dunn Minimum Housing Code and a Certificate of Occupancy has been issued. The house is now fit for human habitation. He asked that the Council withdraw the Ordinance Declaring this Property Unfit for Human Habitation under "Items for Decision ". With Council consensus, Mayor Harris withdrew Item #12 (Consideration of Ordinance Declaring Property Unfit for Human Habitation -209 S. Elm Ave.) from the agenda. Hearing no further comments, Mayor Harris closed public hearings at 7:13 p.m. Minutes — Council considered approval of minutes of the December 13, 2011 City Council meeting. 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 (82012 -02) is incorporated into these minutes as Attachment #1. Motion by Council Member Galbreath and seconded by Council Member Billy Tart to approve all consent items. Motion unanimously approved. ITEMS FOR DECISION Audit Report FY 2010 -2011 Auditor Phyllis Pearson of Petway, Mills & Pearson, PA gave a short summary of the FY 2010 -2011 audit for the City of Dunn: Reports • Unqualified audit opinion — best audit report auditors give • Unqualified audit opinion on an audit conducted under government auditing standards • Unqualified audit opinion on compliance with state program requirements Governmental Fund • Total assets - $8.6M • Total Liabilities - $3.6M • Total net assets - $4.9M • Total revenues - $8.7M • Total expenses - $9.OM Business -Type Activities (Water and Sewer Fund) • Total assets - $25.5M • Total liabilities - $7.4M • Total net assets - $18.OM • Total revenues - $5.8M • Total expenses - $3.9M General Fund • Total assets - $3.9M • Total liabilities - $531,000 • Total fund balances - $3.4M • Total revenues - $8.7M • Total expenditures - $8.7M Unassigned Fund Balance • As of June 30, 2011 - $2.OM (well above the statutory requirement) • Statutory requirement — 8% of prior year expenditures • City meets and exceeds requirements 1, 1 RM Findings • No expenditures in excess of appropriations in any fund • No changes in significant accounting policies • No changes in use of estimates • Most sensitive disclosures in the financial statements dealt with capital assets and debt • Our adjustments limited to adjustments to convert books to accrual basis of accounting for GASB 34 presentation. The monthly financial statements were correct • Recorded liability for post - employment benefits of $668,836 due to GASB requirements • No disagreements with management • Management's representation letter was signed timely and promptly • Report was submitted timely to LGC (LGC changed to an electronic reporting process) • No uncorrected misstatements Motion by Council Member Maness and seconded by Council Member Turnage to approve the audit report. Motion unanimously approved. Ordinance Amendment OA -01 -12 Chapter 11; Article VI, Division 1 Section 11 -198 Taxicabs Amounts of Fares Manager Autry explained that this is a request to hereby amend Chapter 11, Licenses and Business Regulations Ordinance, of the City of Dunn Code of Ordinances; Article VI, Division 1, Section 11 -198 Taxicabs Amounts of Fares. This amendment will revise the procedure for establishing taxicab fares. The amendment proposes to review the taxicab fare every fiscal year and establish a rate in the fee schedule according to the current market standard. The proposed fee which will be reflected in the City of Dunn fee schedule is $1.95 for the first one -tenth (1 /10) mile and $0.25 for each additional one -tenth (1 /10) of a mile ($4.20 for fast mile and $2.50 each additional mile). 1 Council questioned how the rate was determined. Planning Director Samantha Lloyd stated that she researched other towns and derived the proposed rate from the City of Raleigh. Motion by Council Member Billy Tart and seconded by Council Member Turnage to approve OA- 01 -12. Motion unanimously approved. A copy of Ordinance (02012 -01) and the amendment to the currentfee schedule is incorporated into these minutes as Attachment #2. Application for Permit to Operate a Taxicab Planning Director Lloyd stated that Mr. Rodney Johnson of 1202 Fairground Road, Dunn, NC has completed the appropriate application and applicable materials for a taxicab owner's permit. He has provided a background check and fingerprints which have reported a clean record with no criminal or civil violations. She explained that each driver will require a background check as well. Discussion was held about the application being incomplete with regard to the required three affidavits regarding character reference not being met and the need to clarify the ordinance. Council Member Galbreath asked for comments from Chief Jones. Chief Jones stated that he was not aware of this application and stated that the Police Department will need to conduct a background check and other pertinent materials to complete this application. Applicant Rodney Johnson requested that the Council approve his application. He has lived in Dunn for more than six years and his occupation is homeland security. He decided to open a taxicab business to provide travel opportunities other than HART. He explained that he can provide a third affidavit. He's been trying to get this cab company issued since November of 2011. r / Mayor Harris deferred action on this item of business until the February 7, 2012 Council meeting. Consideration of Ordinance to Demolish House — 601 E. Bay Street PIN #1516 -64- 8890.000 Mayor Harris stated that Chief Building Inspector Mike Blackmon has conducted an inspection at 601 E. Bay Street 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 structure dangerous or prejudicial to the public health or public safety and is a nuisance in violation of N.C.G.S.160A -193. He added that 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. Motion by Council Member Galbreath and seconded by Council Member Billy Tart to adopt the ordinance directing the Building Inspector to proceed with the demolition of the dwelling located at 601 E. Bay Street (PIN #1516 -64- 8890.000). Motion unanimously approved. A copy of Ordinance (02012 -02) to demolish the dwelling at 601 E. Bay Street is incorporated into these minutes as Attachment #3. Consideration of Ordinance Declaring Property Unfit for Human Habitation 209 S. Elm Avenue PIN #1516 -75- 1996.000 PARCEL #02151611060005 *This agenda item was withdrawn during the Public Hearing. No action required by Council. (Property owners have complied with the Minimum Housing Order and were issued an Occupancy Permit on January 10, 2012) Chief Building Inspector Blackmon provided the Council with correspondence stating that a final inspection was conducted this same date on the above referenced dwelling for compliance with the City of Dunn's Minimum Housing Order. The property owner has completed all the required repairs found in the initial inspection and was issued an Occupancy Permit on January 10, 2012. Consideration of Ordinance to Repair or Demolish Dwelling — 400 S. Magnolia Avenue PIN #1516 -65- 3779.000 PARCEL #02151611180001 The City Council adopted an ordinance on December 14, 2010 declaring this property as unfit for human habitation pursuant to N.C.G.S. 160A -441, et. seq.; the ordinance was recorded on December 15, 2010 at Book 2816, Page 821 of the Harnett County Registry. This real property is owned by Leon and Linda Faye Jasper. More than twelve (12) months have expired since the adoption of the ordinance and the owners of the property have not repaired the same to make it fit for human habitation, nor have they demolished the dwelling located on the property and the matter is hereby returned to the City Council for further consideration. City Attorney Pope explained that a formal letter was received on January 4, 2012 from Fanetta Jasper Benton, who represents herself to be the daughter of the owner of this property, Linda Jasper, requesting from the Council, an additional 90 days to bring this property in compliance with the City's building code. Chief Inspector Blackmon reported that during the first part of November, 2011, Mrs. Benton called and told him that she was given charge over this property from her mother and she wasn't interested in tearing it down. Mrs. Benton and her husband came to Dunn, from Houston, Texas in November, at which time, the boards to the dwelling were removed for Mrs. Benton to inspect the dwelling. Since that time, Mrs. Benton had Republic Waste Services drop a dumpster there and she hired individuals to clean everything out of the house. The house was boarded back up and she is in the process of securing contractors to work on the house. Mr. Blackmon advised that the last correspondence he received from Mrs. Benton was the letter stating she would be unable to attend tonight's meeting since she lived in Texas. Council Member Maness asked Mr. Blackmon if he has had contact in any nature, written, verbal, fax or email with the property owner. Mr. Blackmon responded no; all correspondence has been sent to the owner and his office has not received any correspondence from Mrs. Jasper. The last correspondence he had with Mrs. Jasper was in 2009 when she verbally told him she was not going to allow him to go into the dwelling to inspect it. Council Member Maness asked Mr. Blackmon if he or anyone in his department has received anything in writing that documents Mrs. Benton having power -of- attorney or the authority to do anything on behalf of her mother. Mr. Blackmon responded no; the only thing he has received is an email from Mrs. Benton that stated she was contacting him on behalf of her mother. He does not have any written documentation from Mrs. Jasper giving her daughter, Mrs. Benton, the authority to handle her affairs. Mayor Pro Tern. Robinson asked City Attorney Pope what the Council can legally require from Mrs. Benton to move forward. Attorney Pope responded that it's all at the discretion of the Council, as it relates to whether or not they adopt this Ordinance or whether or not they allow some additional time. In the event that the Council is inclined to allow some additional time, they should ask Mrs. Benton to provide some legal documentation, whether it's a deed transferring the property to her or power -of- attomey from her mother showing she has legal authority to make decisions on behalf of this property so that the City has something that shows she has that legal authority. It's at the discretion of the Council. Council discussed legal authority as it pertains to this property. Attorney Pope clarified that it is not a concern of the City, if this lady chooses to spend her money on a piece of property that she doesn't own or have any legal authority over unless the property owner filed a 190 complaint. What is before the Council, is an Ordinance that has been brought back to them under General Statue that can be adopted in which case there will be ninety days in which to complete the repairs or if the Council is inclined to give time firther than the ninety days provided in the Ordinance, then they would need to consider some other way that would allow for additional time. In order to pull a building permit, there will have to be some legal documentation. Council Member Maness pointed out that Mrs. Benton's timeline request sent January 4, 2012 via email, states that she projects to have the plumbing requirement completed during the month of January, the electrical requirements completed during February, mechanical requirements completed during the month of March and the dwelling frilly restored by July, 2012. He added that in spite of the fact that the City has received no contact or cooperation from the property owner in a twelve month period, he is willing to offer - a motion to table this matter until the February 7, 2012 Council meeting in order to afford Mrs. Benton an opportunity to obtain the legal requirements to pull a building permit and to see what good faith efforts and J progress takes place before the next Council meeting. Discussion was held about defining Mrs. Benton's request for a ninety day extension. Inspector Blackmon explained that statutorily, Council is required to give ninety days from the date of the Ordinance adoption; however, it is his understanding that Mrs. Benton is looking for an additional ninety days to complete the project. It was further discussed that if the Council adopts this Ordinance to Demolish, they cannot give an extension beyond that; the Council would have to rescind the Ordinance which would cause the process to begin all over again. City Attorney Pope stated that the statute says if the Council adopts this Ordinance tonight, the property owner has ninety days to bring it into compliance and if not, the Building Inspector is directed to demolish the property. If the Council adopts this Ordinance tonight and in sixty days from now, it looks like she's made a lot of progress and if the Council wanted to give her more time, the only way to do that would be to revoke this Ordinance, which means the whole process would start over again if she didn't complete the repairs. The process that Council Member Maness suggested is if the Council tables this issue tonight, it gives the owner thirty days. If the owner makes adequate progress to the satisfaction of the Council, they could leave it on the table another thirty or sixty days; at the discretion of the Council. If the proposed ordinance is adopted, then the property owner is locked into ninety days. This process to table would allow the owner additional time and if sufficient progress is made to the satisfaction of the Council, then they could keep it on the table. Council discussed the need to be updated by Inspector Blackmon every thirty days about the progress of this project. Motion by Council Member Maness and seconded by Council Member Barfield to table this ordinance until the February 7, 2012 meeting. Motion unanimously approved. Mayoral Appointments Council Committee Assignments Mayor Harris deferred this item of business to the February 7, 2012 Council meeting. Award Bid — Highway 301 Pipeline Extension for Eastover Sanitary District (ESD) Manager Autry stated that he and Mayor Harris attended the Local Government Commission (LGC) meeting this afternoon and the ESD application was approved for financing. ESD was very excited at the opportunity for the City of Dunn to provide water to them. Mayor Harris stated that opposition to the application was heard during the LGC meeting. He added that District Court Judge Baggett, who was the originator of the ESD, spoke on behalf of ESD and he was well received. Manager Autry explained that bids were received and opened on Tuesday, December 20, 2011 for the Highway 301 Pipeline Extension for Eastover Sanitary District (ESD). This project includes approximately 11.5 miles of 12 -inch PVC, DIP and HDPE piping along Hwy. 301 south from the Harnett County line to just south of the intersection of I -295 and Hwy 301. This project also includes the relocation of the existing ESD Booster Pump Station, Chemical Feed Station, Generator and other site appurtenances to the new ✓; booster pump site located between the Town of Wade and Godwin. The three lowest bids were submitted by the following contractors: Herring- Rivenbark,Inc. $2,017,425.80 Kinston, NC Sanford Contractors $2,154,207.11 Fayetteville, NC Ramey, Inc. $2,223,315.00 Bethania, NC 191 With the low bid and soft costs (construction, contingencies, engineering design, construction administration/inspection and land acquisition), the total project cost is $2,603,209. Engineering firm Hobbs, Upchurch & Associates, recommends that the City of Dunn make a contingent award to Herring - Rivenbark, Inc. in the amount of $2,017,425.80 subject to all LGC approvals and final permit approvals. Motion by Council Member Maness and seconded by Mayor Pro Tem Robinson to make a contingent award to Herring - Rivenbark, Inc. in the amount of $2,017,425.80 subject to all LGC approvals and final permit approvals. Motion unanimously approved. Consideration of Resolution Authorizing Lease to Harnett High School Alumni Association Manager Autry stated that the City of Dunn entered into a sublease agreement with Harnett High Alumni on December 14, 2001 until November 30, 2011 for $1.00 per year. At that time, the property was owned by Harnett County, however, the Harnett County Board of Education transferred this property to the City of Dunn in January of 2009. Manager Autry explained that this resolution will authorize a lease agreement between the City of Dunn and National Harnett High School Alumni Association, Inc. for a period of less than one (1) year. This short-term lease will be re- evaluated for a long -term lease once the Harnett Campus Project is defined. Mayor Harris stated that it is the intent of the renovations to the PAL property for the Harnett Alumni Association to maintain their headquarters at the PAL Center. The rent shall be $1.00 for the entire term of the lease Motion by Council Member Galbreath and seconded by Council Member Tumage to approve the Resolution Authorizing Lease to Harnett High Alumni Association for a period of less than one year. Motion unanimously approved. A copy of Resolution (R2012 -03) and lease agreement is incorporated into these minutes as Attachment #4. Set Budget Retreat Date FY 12 -13 Manager Autry requested that this item of business be deferred until the February 7, 2012 meeting. Recommendation of possible locations will be forwarded to the Council. The budget retreat for Fiscal Year 2012 -13 is proposed for Friday, March 2, 2012 with the possibility of including the weekend. ITEMS FOR DISCUSSION AND /OR DECISION Financial Report Finance Director Mark Stephens provided the following financial report for the period ending November 30,2011: • As of November 30, 2011, the City had $1.8M in cash in the General Fund and $2.6M in the Water -Sewer Fund. In November of 2010 the City had $2.1M in the General Fund and $2.5M in the Water -Sewer Fund. • Investment earnings are in the .35 % -.20% range. This is within the budgeted range. • Building permit fees were $18,532 or 23.17% of budget. Benchmark for this month is 41.67% of budget. • Water and sewer revenues were $1,949,855 or 44.82% of budget. Benchmark for this month is 41.67% of budget. • Average fuel cost in November for unleaded was $2.72 per gallon and diesel was $3.11 per gallon. The City budgeted $3.00 per gallon. • Sales tax distribution was $450,085 or 33.71% of budget. Benchmark for this month is 33.33% of budget. • Expenditures were 39.78% of budget in the General Fund and 36.35% of budget in the Water and Sewer fund. The benchmark for this period is 41.67% of budget. Motion by Mayor Pro Tem Robinson and seconded by Council Member Billy Tart to accept the Financial Report. Motion unanimously approved. ADMINISTRATIVE REPORTS Motion by Council Member Galbreath and seconded by Council Member Maness to approve the Administrative Reports. Motion unanimously approved. ANNOUNCEMENTS The following announcements and/or comments were made. Mayor Harris: ➢ City of Dunn offices will be closed Monday, January 16`" for Martin Luther King, Jr. Day. �I 192 Annual NAACP Dr. Martin Luther King, Jr. Breakfast will be held on Monday, January 16'h at 8:00 am at the Dunn Community Building. Guest speaker is NC Senator Dr. Eric L. Mansfield. ➢ The Annual Martin Luther King, Jr. Parade will be held on Monday, January 16'h in Downtown Dunn. ➢ DACC Annual Banquet will be held at the Dunn Shrine Center January 19, 2012 at 6:00 pm. ➢ Mid - Carolina Council of Governments Annual Dinner Meeting will be held on Thursday, January 26`h at 6:00 pm at the Cape Fear Botanical Gardens in Fayetteville. Please let Debbie or Melissa know if you plan to attend by Friday, January 13th. ➢ The next regular City Council meeting is scheduled for Tuesday, February 7, 2012 at 7:00 pm. Council Member Galbreath: ➢ Martin Luther King, Jr. Parade is 11:00 am in Downtown Dunn with line -up beginning at 10:00 am. ➢ Encouraged the Council to attend the NAACP Breakfast, MLK Parade and Commemoration on the steps of City Hall. ➢ Supports videoing all Council sessions. It keeps the community aware and abreast of all decisions made by the Council. Council Member Barfield: ➢ Spoke about towing fees on the City rotation list. All towing services should have the same fees and regulations. ➢ Requested videoing all Council meetings. ➢ Encouraged everyone to shop locally and not on the internet to keep sales tax local. With no further business to discuss, a motion was made by Council Member Billy Tart and seconded by Council Member Barfield to adjourn the meeting at 8:21 p.m. Motion unanimously approved. Attest: Debra G. West City Clerk OITY p OO R P pqq� . Z Z0'. SPAL 9Ty CA R OLD'; e 1111111110'% 111 1111 0 . " lL! ` - OscarN. Harris Mayor