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03122013300 MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Regular Meeting on Tuesday, March 12, 2013, at 7:00 p.m. in the Dunn Municipal Building. Present was Mayor Oscar N. Harris, Mayor Pro Tern Bryan Galbreath, Council Members Buddy Maness, 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, City Engineer Michael Goliber, Retired City Engineer Ed Powell, City Attorney P. Tilghman Pope, City Clerk Debra West, and Daily Record Reporter Brian Haney. Absent: Council Member N. Carnell Robinson 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 Tern Galbreath and seconded by Council Member Tumage to adopt the March 12, 2013 meeting agenda with changes, if any, as listed below. Items Added to the Agenda: • none Agenda Items Removed: • none Agenda Adjustment: • Move consent item #8 Girl Scout Week Proclamation from the Consent Agenda to Presentations • Move consent item #7 Multiple Sclerosis Proclamation from the Consent Agenda Motion unanimously approved. PRESENTATIONS Proclamation Presentation Honoring the Memory and Legacy of Mr. Hoover Adams Mayor Harris presented a proclamation Honoring the Memory and Legacy of Mr_ Hoover Adams to the family of Mr. Adams. A copy of Proclamation (P2013 -05) honoring the late Hoover Adams is incorporated into these minutes as Attachment #1. Retirement Resolution Tony Strickland Mayor Harris, City Manager Ronnie Autry and Police Chief S.P. Jones presented a retirement resolution to Tony Strickland in recognition and appreciation of 27 years of service. In addition, he was presented with his badge and the service weapon worn. A copy of Retirement Resolution (82013 -05) recognizing Tony Strickland is incorporated into these minutes as Attachment #2. Proclamation Presentation Girl Scout Week Mayor Harris presented a proclamation to Girl Scout Troop #1783 designating the week of March 10 -16, 2013 as Girl Scout Week in the City of Dunn. A copy of Girl Scout Week Proclamation (P2013 -06) is incorporated into these minutes as Attachment #3. 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 opened public hearings at 7:36 p.m. 301 PUBLIC HEARING 1" Public Hearing - CDBG Funds Economic Development Program Mayor Hams stated that the North Carolina Department of Commerce's Division of Community Assistance and Commerce Finance Center administer the US Housing and Urban Development's Small Cities Community Development Block Grant (CDBG) program. The Division of Community Assistance with the exception of the Economic Development Program, which the Commerce Finance Center administers, administers all CDBG programs. The CDBG Program permits a wide range of economic and community development activities including: acquisition; public facilities construction; loans to private businesses; housing rehabilitation; code enforcement; clearance; project planning and administration; etc. Applications for Economic Development must show that in excess of 60% of CDBG funds will provide benefit to low or moderate - income persons through new job creation or job retention. Applications for other CDBG programs, with the exception of Urgent Needs funds, must show that in excess of 50% of funds will provide benefit to low or moderate- income persons. He stated that the City of Dunn is considering seeking funds from the North Carolina Department of Commerce's Small Cities Community Development Block Grant Program (CDBG). Citizen comments on the potential use of the CDBG program are now requested. The public hearing was duly advertised on February 26, 2013. Mayor Harris asked if there was anyone present who wished to speak for or against the City of Dunn's intention to seek State of North Carolina CDBG program funds. Hearing no comments, Mayor Harris closed the public hearing at 7:37 pm Council Member Barfield requested that consent items #9 & #10 be removed from the consent agenda for consideration. Minutes— Council considered approval of minutes of the February 12, 2013 City Council meeting. Motion by Council Member Barfield and seconded by Council Member Tumage to approve all consent items. Motion unanimously approved. Items #7. #9. #10 removed from Consent Aeenda: #7 - Proclamation - Multiple Sclerosis Awareness Week Council Member Turnage read a Proclamation designating the week of March 11 -17, 2013 as Multiple Sclerosis Awareness Week in the City of Dunn. Motion by Council Member Tumage and seconded by Council Member Barfield to approve MS Awareness Week Proclamation. Motion unanimously approved. A copy of MS Awareness Week Proclamation (P2013 -07) is incorporated into these minutes as Attachment #4. #9 - Budget Amendments Council considered approval of BA #7, #8 and #9. BA #7 is to record $15,000.00 received in insurance proceeds from a wrecked police car, BA #8 is to record $80,000 received from the Rural Center Grant for a new wound care facihty at Harnett Health System and the City's required 5% match of $4,000.00, and BA #9 is to record a transfer of $13,965.46 from the General Fund to E -911 Fund. Council Member Barfield questioned who was at fault in the police vehicle referenced in BA #7. Manager Autry responded that it was the fault of the police officer. Council Member Barfield requested they be informed when an incident occurs. Council Member Barfield questioned monies being removed from the auto fuel account for BA #8 and suggested monies be removed from contingency instead of the fuel account to avoid this account being overspent. Motion by Council Member Barfield and seconded by Council Member Billy Tart to approve BA #7, #8, and #9. Motion unanimously approved. A copy of BA #7, #8 and #9 is incorporated into these minutes as Attachment #S. #10 - Surplus Resolution — Council considered approval of a Resolution Authorizing the Disposition of Personal Property by electronic means through www.GovDcals.com. Council Member Barfield stated that the public should be notified of the items on the surplus list. Motion by Council Member Barfield and seconded by Council Member Tumage to approve Surplus Resolution. Motion unanimously approved. A copy of Surplus Resolution (R2013 -06) is incorporated into these minutes as Attachment #6. ITEMS FOR DECISION Consideration of Ordinance to Repair or Demolish Dwelling - 406 E. Granville Street PIN #1516 -99- 0188.000 PARCEL #02151608600010 302 Chief Building Inspector Mike Blackmon has conducted an inspection at 406 E. Granville Street and found the structure in a deteriorated condition that does not meet the requirements of the City of Dunn Minimum Housing Code (MHC). The Chief 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 Chief Building Inspector's order to bring the structure on the property into compliance with the City of Dunn M14C 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 ". 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 the (12) months of the adoption of the ordinance on February 7, 2012. The Building Inspector is bringing 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 Inspector Blackmon stated that this house was inspected over a year ago for minimum housing code violations. The owners live in California and were notified of the items that needed attention and nothing has been done. The Council deemed it unfit for human habitation and by statute, it is required to sit for (12) months to give the owners an opportunity to make the necessary repairs and to his knowledge, nothing has been done, no permits have been issued and it is back before the Council to authorize further action. The Council allowed comments from a representative of the property owner who was present in the audience. Mr. Cedric Turner of Knightdale, spoke on behalf of his cousin Eric Ray. Mr. Turner read portions of a letter from the owner of the property indicating that tenants damaged the house and he was unable to repair the house and would like to put the property up for sale instead of demolishing it and is requesting an opportunity to sell the house. The price of the house has been reduced three times since December. If the house is demolished, the owner cannot pay the demolition costs. Chief Inspector Blackmon was instructed to explain to Mr. Turner after the Council meeting, the process which has been followed with regard to this property. The Council questioned why the property owner has not made contact or communicated with the Inspections department in the twelve (12) months since the house was deemed inhabitable. Marketing the house at this point is not the solution. The Council questioned why this letter was not mailed to the City and informed Mr. Turner that the Council made an exception tonight to allow him to speak to them about this letter. Motion by Council Member Barfield and seconded by Mayor Pro Tern Galbreath to adopt the Ordinance Directing the Owner of the Property located at 406 E. Granville Street (PIN #1516 -99- 0188.000) to Make the Dwelling Fit for Human Habitation or Directing the Building Inspector to Demolish and Remove the Dwelling pursuant to N.C.G.S. § 160A -441, ET SEQ and directing the Inspector to have the house secured in the interim. Motion unanimously approved. A copy of Ordinance (02013 -01) Directing the owner of 406 E. Granville Street to Make the Dwelling Fit for Human Habitation or Directing the Building Inspector to Demolish and Remove the Dwelling is incorporated into these minutes as Attachment #7. Reject Bids Highway 301 South Elevated Tank Manager Autry stated that bids were received and opened on Thursday, January 31, 2013 for the Highway 301 South Elevated Tank. This project provided for the construction of a 500,000 gallon elevated water storage tank more particularly located on Arrowhead Road. Bids received were much higher than projected. After further evaluation, it was determined that the existing water capacity flow in the surrounding water lines would be sufficient at the present time. Staff recommends that the Council reject all bids submitted for this project. Motion by Council Member Turnage and seconded by Council Member Tart to reject all bids submitted for the Highway 301 South Elevated Tank Project. Motion unanimously approved. ITEMS FOR DISCUSSION AND /OR DECISION Shared Sick Leave Policy (Review for Possible Amendments) Manager Autry explained that in adopting the Shared Sick Leave Policy at the February 12, 2013 Council meeting, Council member Robinson requested a comparison be made between the City policy and the Shared Leave Policy administered by the State of North Carolina. A comparison chart was provided to the Council for evaluation No action required. 303 Amendment to Harnett High Alumni Lease Agreement Manager Autry explained that a formal request has been received from John Fitzpatrick, President of the National Harnett High School Alumni Association, asking that Section 5 of the current Harnett High School Alumni Lease Agreement be amended by removing or reducing the requirement to purchase general liability insurance in the amount of $500,000.00. This $500,000.00 insurance requirement was set in 2001 when this property was owned by Harnett County and subleased by the City of Dunn. This property was transferred to the City of Dunn in January of 2009. Mayor Harris asked what would be the impact upon the City if this was changed. City Attorney Pope responded that the City of Dunn would still have insurance coverage under its own umbrella if they waived the insurance requirement; however, if someone is injured on the property and made a claim, they would be making a claim against the City's insurance policy which then would affect the City's premiums. In this circumstance, the City is acting as a commercial landlord. There are other tenants at this facility who are required to maintain 1M in liability insurance. If a tenant is required to have insurance then if someone is hurt on the property, it would not affect the City's claim ratio. When renting commercial property, most standards require 1M in insurance and given the use of this particular property he understands the reduced $500,000 insurance requirement. He does not advise clients to not require tenants to maintain liability insurance. Council discussed that this is the proper way of doing business and they owe it to the citizens of Dunn to protect the assets of the City. Motion by Mayor Pro Tern Galbreath and seconded by Council Member Tumage to authorize the City Manager to request a proposal from the Harnett High Alumni Association stating the amount of liability insurance they would like to insure this facility for consideration. Motion carried 4 -1 with Council Member Maness voting against. Summer Hours Manager Autry stated that for the past nine years, the City Council has approved summer operating hours for City offices. The summer hours of 7:30 am — 4:00 pm begin May l't and end September 30'. It is requested that the Council consider beginning these operating hours on April I' and ending September 30s' at which time it will be evaluated to consider extending your - round. To allow adequate time to notify our citizens, the City Council is being asked to adopt these hours effective April 1" The transition to summer hours which coincide closely with daylight savings time, has worked very well during the last nine years and discussion was held at the recent Budget Retreat/Planning Session to extend these operating hours year- round. Motion by Council Member Tumage and seconded by Council Member Maness to adopt the summer operating hours of 7:30 am — 4:00 pm beginning April In and ending September 30th at which time it will be evaluated to consider extending to year -round operating hours. Council Member Barfield stated that the citizens are not being serviced with these summer hours. At the Budget Retreat, they suggested that the hours be staggered. The employees can use the Recreation Center after hours. Mayor Harris asked Manager Autry how many years has the City operated under summer hours. Manager Autry responded nine years. Mayor Pro Tern Galbreath stated that this is a way of rewarding the employees and showing them appreciation for doing a good job. He doesn't feel this will inconvenience any of the citizens. It has worked well over the past nine years and he feels they need to continue it. He questioned why the month of April has been proposed. Manager Autry responded that the proposal coincided with daylight savings time. Motion carried 4 -1 with Council Member Barfield voting against. Business Development Incentive Grant Program Manager Autry explained to the Council that the City of Dunn does not currently have an incentive program and this is something that the Council is being asked to evaluate and adopt a Business Development Incentive Grant Program to spur economic growth for our community. The intention is to reward investment choices which benefit the City of Dunn and our surrounding community. This program is not intended for purely residential projects, the focus should be on the creation of business and mixed use properties which expand the tax base and increase the livability of the citizens of our community. CIE, This request is not a mirror of the Harnett County Economic Development Incentive, as those incentives are generally for industrial and manufacturing businesses. This proposed incentive program is for business and development of real property. There are also several North Carolina General Statutes that have guidance on these types of economic development incentives. The City Council will decide which business or development is granted incentives after a thorough evaluation of the services needed by the business /development by the City. It was discussed that further evaluation be compared with other municipalities and bring back proposals to the Council. Set Date for Special Call Meeting Harnett Training School Campus Project The Council is being asked to set a Special Call meeting date to meet with housing consultant Scott Redinger and representatives of the DCDC and PAL, as it relates to the tax credit process for the Harnett Training School Campus Project application. Deadline for submission of the final application to the North Carolina Housing Finance Agency is May, 2013. This was discussed during the recent Budget Retreat/Planning Session. Mayor Harris stated that a Special Call meeting will be held immediately upon adjournment of the regular Council meeting on April 9, 2013 to discuss the Harnett Training School Campus project tax credits. Financial Report Finance Director Mark Stephens provided the following financial report for the period ending January 31, 2013: • As of January 31, 2013, the City had $3.9M in cash in the General Fund and $1.7M in the Water - Sewer Fund. In January of 2012 the City had $3.6M in the General Fund and $2.6M in the Water - Sewer Fund. • Investment earnings are in the .15 % -.08% range. • Building permit fees were $43,531 or 96.74% of budget. Benchmark for this month is 58.33% of budget. • Water and sewer revenues were $2,550,745 or 55.27% of budget. Benchmark for this month is 58.33% of budget. • Average fuel cost in January for unleaded was $2.70 per gallon and diesel was $3.20 per gallon. The City budgeted $3.35 per gallon. • Sales tax revenue was $705,591 or 51.88% of budget. Benchmark for this month is 50.00% of budget. • Expenditures were 53.74% of budget in the General Fund and 57.59% of budget in the Water and Sewer fund. The benchmark for this period is 58.33% of budget. ADMINISTRATIVE REPORTS Motion by Mayor Pro Tem Galbreath and seconded by Council Member Tumage to accept the Administrative Reports. Motion unanimously approved. ANNOUNCEMENTS The following announcements and/or comments were made. Mayor Harris: ➢ Revitalization Celebration Committee has established May 2 -5, 2013 for the Downtown Revitalization Celebration. Activities will be held during this three day event. ➢ City of Dunn offices will be closed on Friday, March 29" in observance of Good Friday. ➢ Boogie on Broad will be held on Thursday, April 4, 2013 from 6 -9 pm in Downtown Dunn. ➢ The next regular City Council meeting is scheduled for Tuesday, April 9, 2013 at 7:00 pm. With no further business to discuss, a motion was made by Council Member Tart and seconded by Council Member Tumage to adjourn the meeting at 8:32 p.m. Motion unanimously approved. Attest: CAL Debra G. West City Clerk CITYOFOG ' - ..'0RPOg9T Z - -:2'• S47A1- ' O9Ty CAROB- \CPS` M40/ C O car N. Harris Mayor