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01082013KM MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Regular Meeting on Tuesday, January 8, 2013, at 7:00 p.m. in the Dunn Municipal Building. Present was Mayor Oscar N. Harris, Mayor Pro Tem Bryan Galbreath, Council Members Buddy Maness, N. Carnell Robinson, Billy Tart, Chuck Turnage and Billy Barfield. Also present was City Manager Ronnie Autry, Assistant City Manager Steven Neuschafer, Finance Director Mark Stephens, Public Works Director Billy Addison, Public Utilities Director Dean Gaster, Chief Building Inspector Mike Blackmon, Planning Director Samantha Wullenwaber, Police Chief B.P. Jones, Recreation Director Perry Hudson, Human Resources Director Anne Thompson, 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 Galbreath and seconded by Council Member Maness to adopt the January 8, 2013 meeting agenda with changes, if any, as listed below. Items Added to the Agenda: • none Agenda Items Removed: • none Motion unanimously approved. PRESENTATIONS Presentation of Advanced Certification - Sgt. Jeffrey Williams Mayor Harris and Police Chief Jones presented the Criminal Justice Education and Training Standards Commission Advanced Law Enforcement Certificate to Sgt. Jeffrey Williams. PUBLIC COMMENT PERIOD Mayor Harris opened the floor for a (30) minute public comment period. Hearing no comments, the public comment period was closed. *Mayor Harris recognized members of the DAV Chapter 74 in the audience and moved Item #10 (Consideration of Community Service Contribution to Harnett County Disabled American Veterans Chapter 74) to Item #4 on the printed agenda. ITEM FOR DECISION Consideration of Community Service Contribution to Harnett County Disabled American Veterans Chapter 74 A letter was received from Commander Samuel Reid of the Harnett County Disabled American Veterans (DAV) Chapter 74, officially requesting a donation of $5,000 or any financial donation from the City of Dunn to help the DAV continue their work for veterans. The City donated $1,000 to this organization in October of 2011. Motion by Council Member Barfield and seconded by Council Member Turnage to approve a contribution of $1,000.00 to Harnett County DAV Chapter 74. Motion unanimously approved. Mayor Harris opened public hearings at 7:17 p.m. PUBLIC HEARING 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 five (5) to eight (8) vehicles for the Police Department. 281 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 December 27, 2012. Mayor Harris asked if there was anyone present who wished to speak for or against this loan application. Hearing no comments, Mayor Harris closed the public hearing at 7:19 pm. Minutes — Council considered approval of minutes of the December 11, 2012 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 (R2013 -01) is incorporated into these minutes as Attachment #1. Motion by Council Member Billy Tart and seconded by Council Member Maness to approve all consent items. Motion unanimously approved. ITEMS FOR DECISION Authorization to Apply for RBEG Grant to Supplement N. Magnolia Avenue Funding Manager Autry stated that City staff is seeking approval to request up to $75,000 in matching funds from the USDA to assist with funding the improvements on N. Magnolia Avenue. This section of Magnolia Avenue was not included in the original downtown project; however with excess funds expected from the original project combined with USDA funds, this additional enhancement can be completed. This project will be let for bid in approximately sixty (60) days. The downtown revitalization project on Broad Street is complete; however, the intersection with Magnolia Avenue needs to be reworked to function properly and while tying in with Magnolia Avenue, the City would benefit from improvements on Magnolia Avenue. A water line was replaced on this street last year and a temporary asphalt patch was done to allow time for funding. The street is presently in poor condition. This grant would save the City $75,000 since the overall budget is just at $150,000 for work between Cumberland and Edgerton Streets. Motion by Mayor Pro Tern Galbreath and seconded by Council Member Billy Tart to authorize the City Manager to endorse the necessary documents to submit the grant application. Motion unanimously approved. Discussion was held about the penalty clause in the original Downtown Revitalization contract. Those penalties have been in place since the beginning of September at $600 per day. Once the contractor, Burney and Burney, completes the punch list, the City staff will meet with them and determine the exact amount of all penalties. Approval of Pledge and Naming Rights Agreements — Tyler Park Project City Attorney Pope stated that the Council previously approved a resolution establishing the level of pledges in exchange for the naming rights of various different facilities at Tyler Park As part of the resolution, the Council approved the Pledge and Naming Rights Agreement. Attorney Pope stated that the Council is being asked to approve the following Pledge and Naming Rights Agreements: Donor Pledge Amount Proposed Name to Display Dunn Area Boosters $100,000 Red Lambeth Field Erica and Trent Parker $ 25,000 Cullen Reece Parker Splash Pad Bill Graham $100,000 Greenwaves Field Motion by Council Member Maness and seconded by Council Member Tumage to approve the Pledge and Naming Rights Agreements as proposed. Motion unanimously approved. A copy of the Pledge and Naming Rights Agreements are incorporated into these minutes as Attachment #2. Mayor Harris stated that additionally, $450,000 in pledges of $5,000 and $10,000 amounts have been submitted to the Finance Director. Recreation Director Perry Hudson stated that an additional $50,000 has been verbally pledged as well. 282 Approval of Application and Confidentiality Agreement between The Miracle League and the City of Dunn City Attorney Pope explained that the Council is being asked to approve the Application and Confidentiality Agreement with The Miracle League which will enable the City of Dunn to become an official Miracle League Member. Constructing a Miracle Field is part of Phase Il of the Tyler Park Project. A Miracle Field will bring baseball to children and young adults regardless of their abilities. Attorney Pope explained that by signing the confidentiality agreement, the City cannot share information to non - league members. Recreation Director Hudson explained that naming rights can be assigned to the Miracle Field. The membership fee is $500.00 and the annual membership fee of $500 will be paid annually from the Parks & Recreation funds. Motion by Mayor Pro Tem Galbreath and seconded by Council Member Billy Tart to approve the Application and Confidentiality Agreement between The Miracle League and the City of Dunn. Motion unanimously approved. A copy of the Application and Confidentiality Agreement is incorporated into these minutes as Attachment #3. Consideration of Resolution Accepting Donation of Certain Real Property — 415 S. Magnolia Avenue PIN #1516 -65- 4531.000 PARCEL #02151611170007 City Attorney Pope explained that the Council is being asked to adopt this resolution accepting donation of a vacant lot located at 415 S. Magnolia Avenue and owned by Fredrick Williams. Mr. Williams has offered to donate this lot free and clear of all claims other than the City's claims for demolition expenses and weedy lot fees. At the August 10, 2010 Council meeting, an Ordinance Directing the Building Inspector to Demolish the Dwelling at 415 S. Magnolia Avenue was adopted and the same demolished. _ Current Tax Value for this vacant lot is $7500.00. Current fees owed the City of Dunn are $6701.08 for demolition cost, $938.28 accrued interest, and $450.00 for weedy lot fees. Attorney Pope explained that by Mr. Williams offering to sign over the title to the City in exchange for claims owed to the City, it would save the City the cost to foreclose on the property in attorney fees, court costs, etc. Mr. Pope added that this resolution does make the offer contingent upon him doing a title search to make sure the title is clear. Motion by Council Member Robinson and seconded by Council Member Barfield to adopt the Resolution Accepting the Donation of Certain Real Property — 1 lot located at 415 S. Magnolia Avenue — PIN #1516- 65- 4531.000 — PARCEL #02151611170007. Motion unanimously approved. A copy of Resolution (R2013 -02) Accepting the Donation of Certain Real Property is incorporated into these minutes as Attachment #4. Set Budget Retreat Date FY 2013 -14 The Budget Retreat for Fiscal Year 2013 -2014 is tentatively scheduled for Friday, March 1, 2013 in the Football Field House on the campus of Campbell University in Buies Creek, NC. This Budget Retreat will prioritize goals of the City and how to accomplish them for FY 13 -14. Motion by Council Member Billy Tart and seconded by Council Member Turnage to set the Budget Retreat date as March 1, 2013 at the location stated above. Motion unanimously approved. Board Appointment - Planning Board With no objections, Mayor Harris deferred this item of business. Board Appointment - Dunn Area Tourism Authority Manager Autry explained that House Bill 988 (Averasboro Township TDA Changes) has been filed and is scheduled to be approved in January 2013 to increase the Board of the Dunn Area Tourism Authority from seven (7) members to nine (9) members and will include an appointment from the Dunn City Council. It is recommended to appoint Council Member Billy Tart. 283 Motion by Mayor Pro Tem Galbreath and seconded by Council Member Turnage to appoint Council Member Billy Tart as Council representative on the Dunn Area Tourism Authority with a term expiring on December 31.2015. Mayor Harris asked Attorney Pope if Council Member Billy Tart should recuse himself from voting on this appointment. Attorney Pope responded that this appointment is similar to a Council representative being appointed as liaison to an advisory board and unless Council Member Tart feels compelled to recuse himself, this does not constitute a conflict of interest since this appointment is being made as representative of this governing body on the Tourism Board pursuant to General Statute. Motion unanimously approved. ITEMS FOR DISCUSSION AND /OR DECISION Financial Report Finance Director Mark Stephens provided the following financial report for the period ending November 30, 2012: • As of November 30, 2012, the City had $2.OM in cash in the General Fund and $2.1M in the Water -Sewer Fund. In November of 2011 the City had $13M in the General Fund and $2.6M in the Water -Sewer Fund. • Investment earnings are in the .15 % -.08% range. • Building permit fees were $39,176 or 87.06% of budget. Benchmark for this month is 41.67% of budget. • Water and sewer revenues were $1,880,680 or 40.75% of budget. Benchmark for this month is 41.67% of budget. • Average fuel cost in November for unleaded was $2.90 per gallon and diesel was $3.38 per gallon. The City budgeted $3.35 per gallon. • Sales tax revenue was $481,551 or 35.40% of budget. Benchmark for this month is 33.33% of budget. • Expenditures were 39.97% of budget in the General Fund and 36.91% of budget in the Water and Sewer fund. The benchmark for this period is 41.67% of budget. ADMINISTRATIVE REPORTS Motion by Mayor Pro Tem Galbreath and seconded by Council Member Billy Tart to accept the Administrative Reports. Motion unanimously approved. ANNOUNCEMENTS The following announcements and/or comments were made. Mayor Harris: ➢ Dunn Area Chamber of Commerce Annual Banquet will be held at the Dunn Shrine Center on January 17, 2013 at 6:00 pm. ➢ City of Dunn offices will be closed on Monday, January 215` for Martin Luther King, Jr. Day. ➢ Annual Martin Luther King, Jr. Parade will be held on Monday, January 21, 2013 in Downtown Dunn. ➢ Central Harnett Hospital in Lillington will officially open for business at 7:00 am on Friday, January 18, 2013. ➢ Mid - Carolina Council of Governments Annual Dinner Meeting will be held on Thursday, January 31' at 6:30 pm in Harnett County (Location to be determined) — Please let Debbie or Melissa know if you plan to attend. ➢ The next regular City Council meeting is scheduled for Tuesday, February 12, 2013 at 7:00 pm. ➢ He wished everyone a happy New Year. ➢ He read a thank -you letter from Manager Autry expressing his appreciation for the kindness shown during the recent passing of his brother, Bobby Autry. Council Member Maness: ➢ He wished everyone a happy and prosperous New Year. ➢ He thanked the City employees for all they do. Council Member Robinson: ➢ He wished everyone a happy and prosperous New Year. ➢ He thanked all of the City employees for the service they provide. ➢ Harnett County NAACP will hold the Martin Luther King, Jr. breakfast on Saturday, January 19, 2013 at 8:00 am at the Dunn Community Building. Guest speaker will be Reverend Garland Pierce, who is also a member of the NC House. ➢ He encouraged everyone to come out and participate in the Martin Luther King, Jr. Parade on Monday, January 21, 2013. Parade line -up will start at 10:00 am across from The Daily Record on Broad Street. Mayor Pro Tem Galbreath: ➢ He wished the citizens a happy New Year. ➢ He thanked the City employees and department heads for all they do. ➢ He looks forward to a good year (2013). NM Council Member Billy Tart: ➢ He expressed appreciation to all City employees. Council Member Tumage: ➢ He thanked all department heads for their leadership and all employees for their dedication and hard work in getting the job done. Council Member Barfield: ➢ Several street lights are not working. He has a list of (40) lights that are not working. Closed Session 7:56 pm - Motionby Council Member Tumage and seconded by Council Member Billy Tart to enter closed session in accordance with N.C. General Statute 143-318. 1 l(a)(4) to discuss matters relating to the location or expansion of business in the area served by the City of Dunn. Motion unanimously approved. 8:20 pm — Closed Session ended. Motion by Council Member Maness and seconded by Council Member Barfield to approve the closed session minutes as recorded 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 Tumage to adjourn the meeting at 8:21 p.m. Motion unanimously approved. Attest: Debra G. 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