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04092013304 MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Regular Meeting on Tuesday, April 9, 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 Wulienwaber, 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. Mayor Harris welcomed Brian Haney with the Daily Record and thanked him for the article he wrote about the City of Dunn receiving the All- America City Finalist status. He explained that they would be traveling to Denver, CO in June to compete for the All - America City Award. Mayor Harris asked Administrative Pastor Darren Hughes of Central Baptist Church to give the invocation. Afterwards, the Pledge of Allegiance was repeated. AGENDA ADJUSTMENT AND APPROVAL Motion by Council Member Barfield and seconded by Council Member Tumage to adopt the April 9, 2013 meeting agenda with changes, if any, as listed below. Items Added to the Agenda: • none Agenda Items Removed: • none Motion unanimously approved. Retirement Resolution Chief B.P. Jones Mayor Harris, Mayor Pro Tem Galbreath and City Manager Ronnie Autry presented a retirement resolution to B.P. Jones in recognition and appreciation of 13 years of service as Police Chief for the City of Dunn. Mayor Harris also presented Chief Jones a framed newspaper article about his career and retirement. A copy of Retirement Resolution (R2013 -07) recognizing B.P. Jones is incorporated into these minutes as Attachment #1. Proclamation Presentation LeAnn Blackmon Harnett County Division on Aging Mayor's Day of Recognition for National Service Mayor Harris presented a Proclamation to LeAnn Blackmon, RSVP Director/Medicare Coordinator for Harnett County Division on Aging proclaiming April 9, 2013 as Mayor's Day of Recognition for National Service. A copy of Proclamation (P2013 -08) for Mayor's Day of Recognition for National Service is incorporated into these minutes as Attachment #2. 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 7:27 p.m. PUBLIC HEARING Demolition of House 303 W. Duke Street PIN #1516 -35- 8510.000 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 Joe Edward Cagle and Gayle Price (Trustee) One Main Financial, Inc. (Beneficiary) located at 303 W. Duke Street. 305 The public hearing was duly advertised on March 26, 2013 and April 2, 2013. 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 at 7:28 pm. At the request of a Council Member, Mayor Harris removed consent item #10 from the consent agenda for consideration. #6 - Minutes — Council considered approval of minutes of the March 1, 2013 Budget Retreat/Planning Session. #7 - Minutes — Council considered approval of minutes of the March 12, 2013 City Council meeting.. #8 - Proclamation - Council considered approval of a Proclamation designating April 14 - 20, 2013 as National Library Week. A copy of National Library Week Proclamation (P2013 -09) is incorporated into these minutes as Attachment #3. #9 - Proclamation - Council considered approval of a Proclamation designating April 20, 2013 as Dunn Community Clean Up Day in the City of Dunn. A copy of Dunn Community Clean Up Day Proclamation (P2013 -10) is incorporated into these minutes as Attachment #9. Motion by Council Member Robinson and seconded by Council Member Barfield to approve all consent items. Motion unanimously approved. Item #10 removed from the Consent Agenda and acted upon separately: #10 — Surplus Resolution - Council considered approval of a Resolution Declaring the Badge and Service Weapon carried by Chief B.P. Jones Surplus and awarding them to him on his Retirement. Mayor Harris, Mayor Pro -Tem Galbreath and City Manager Autry presented his service weapon to B.P. Jones. Motion by Council Member Robinson and seconded by Council Member Barfield to approve Surplus Resolution. Motion unanimously approved. A copy of Surplus Resolution (R2013 -08) is incorporated into these minutes as Attachment #5. ITEMS FOR DECISION Consideration of Ordinance to Demolish House - 303 W. Duke Street PIN #1516 -35- 5510.000 Chief Building Inspector Mike Blackmon has conducted an inspection at 303 W. Duke Street and based upon his observations, the structure failed to comply with the minimum standards of fitness established by the Minimum Housing Code (MHC) 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 of the property has failed to comply with the Building Inspector's order and according to N.C.G.S. §160A443, the City Council has the power to proceed with demolition of this property. Council Member Robison asked Inspector Blackmon to explain the process for this demolition. Inspector Blackmon stated that this house was condemned as an unsafe building; adding that it burned some time ago, and the owner moved away and never repaired it. He explained that the house has been open to the elements, allowing people to go in and out of it. The mortgage company obtained the property and tried to secure it; however, it is not secure now as someone has stolen the heating and air unit. Chief Inspector Blackmon clarified for the Mayor that if approved, this dwelling can be demolished in thirty (30) days. The Council questioned if sufficient funds are in the budget to tear down the house. Inspector Blackmon stated that he thought sufficient funds were available to tear it down and haul it to the landfill. The county assessment for the land is $7,500. Council Member Robinson asked Inspector Blackmon if this house was repairable. Mr. Blackmon responded yes, it was repairable and he didn't know the reason why it wasn't repaired. Mayor Harris stated that the Building Inspector has followed the appropriate procedures since early 2012 and this is his recommendation. Motion by Council Member Robinson and seconded by Council Member Barfield to adopt the ordinance directing the Building Inspector to proceed with the demolition of the dwelling located at 303 W. Duke 306 Street (PIN #1516 -35- 8510.000). Motion unanimously approved. A copy of Ordinance (02013 -02) to demolish the dwelling at 303 W. Duke Street is incorporated into these minutes as Attachment #6. Consideration of Resolution to Award Bid — N. Clinton Avenue — US 301 Sidewalk Project Assistant City Manager Steven Neuschafer reported that sealed bids for the N. Clinton Avenue US 301 Sidewalk Project were received and opened on Friday, April 5, 2013 and one bid was received from Tyn- Co Services, Inc., 3260 Fayetteville Hwy., Dunn, NC 28334. Staff recommends that the Council award the bid to Tyn -Co Services, Inc., in the amount of $125,998.20; however, all bidders must be prequalified with NCDOT to perform the work. This project consists of construction of sidewalk with crosswalk improvements on US 301 (N. Clinton Avenue) from Edgerton Street to Granville Street. The project shall be complete by October 30, 2013. Cost to NCDOT shall not exceed $140,000 (construction only) and the cost to the City of Dunn is expected not to exceed $45,000 (engineering and miscellaneous expenses). Total project cost is $185,000.00. Discussion was held about the method used to advertise for this project and Council Member Robinson questioned the number of minority bidders that were contacted. Assistant Manager Neuschafer stated that all bidders had to be pre - qualified by NCDOT since federal monies are involved and minority bidders were included. Motion by Council Member Tumage and seconded by Mayor Pro Tem Galbreath to adopt the resolution awarding bid to Tyn -Co Services, Inc. for the N. Clinton Avenue, US 301 Sidewalk Project contingent upon final approval from NCDOT. Motion carried 5 -1 with Council Member Robinson voting against. A copy of Resolution (R2013 -09) accepting the low bid from Tyn -Co. Services, Inc. is incorporated into these minutes as Attachment #7. Consideration of a Resolution Identifying the Area Described Herein as Being Under Consideration for Annexation Manager Autry explained that a Resolution Identifying the Area Described Herein as Being Under Consideration for Annexation is a resolution required in the General Statutes as a first step in the annexation process. The resolution remains active for two years and is commonly adopted every two years as a matter of procedure. This property is identified for future potential annexation. This resolution has been adopted by the Council in the past, the last time being April 12, 2011 Council Member Barfield questioned the existing ETJ boundaries and the possibility of expanding the ETJ boundary. He suggested that Manager Autry contact David Owens of the School of Government about the procedures necessary to expand the ETJ area. Council Member Robinson questioned if the proposed map specifically details which areas they propose to annex and does it include Hanna's pond and the houses on N. Fayetteville Avenue. Manager Autry responded this map does not actually describe a specific area. He explained that this map is a broad area of the complete ETJ making it available for consideration. When and if the City is allowed to move forward at some future date, then they would pinpoint specific locations for annexation. Council Member Robinson stated that the reason he asked these specific questions is because there has been a historical pattern of annexing property depending upon ownership. He added that it is ridiculous that Hanna's Pond is not in the City Limits when it is surrounded by annexed property. Manager Autry stated that it appears Hanna's Pond is included on the proposed map. Motion by Council Member Tumage and seconded by Council Member Robinson to adopt the Resolution Identifying the Area Described Herein as Being Under Consideration for Annexation. Motion unanimously approved. A copy of Resolution (R2013 -10) Identifying the Area as being under consideration forAnnexation is incorporated into these minutes as Attachment #8. Council Member Barfield asked that the Manager and Assistant Manager look at including in the City of Dunn ETJ area, the subdivision known as Leigh Laurel which is located on Fairground Road past the Ponderosa Subdivision. He has been advised that this area is separated by a parcel of property which prevents it from being included in the ETJ area but he would ask that this determination be investigated further. Consideration of a Resolution to Convey Property to Habitat for Humanity This is a resolution to convey a parcel of property to Habitat for Humanity of Harnett County, Inc. 307 The City is authorized to convey real property to a not for profit corporation which carries out a public purpose. The parcel of property is located at 309 W. Greenwood Street (comer of Greenwood and S. Layton Ave.) and is 50' x 75' containing 0.08 acres, more or less. If the resolution is approved, a 10 -day publishing notice of the proposed action must take place prior to the disposal of the property. The City was deeded the property in 1983. Council Member Robinson praised Habitat for Humanity by saying of all the things that have originated in this town Habitat for Humanity is the one thing that keeps on giving. He was instrumental in the organization of this group. It puts the property back on the tax roll and allows deserving families a chance to participate through sweat equity. Mayor Harris reiterated that it was a blessing — it's not a hand out ... it's a hand up. Motion by Council Member Robinson and seconded by Council Member Barfield to adopt a resolution to convey the property located at 309 W. Greenwood Street, described in Deed Book 00757 at Page 0376 of the Hamett County Registry to Habitat for Humanity of Harnett County, Inc. Motion unanimously approved. A copy of Resolution (R2013 -11) conveying the property at 309 W. Greenwood Street to Habitat for Humanity of Harnett County, Inc. is incorporated into these minutes as Attachment #9. Approval of Pledge and Naming Rights Agreement — Tyler Park Project Manager Autry stated that the Council is being asked to approve the following Pledge and Naming Rights Agreement: Donor Pledge Amount Proposed Name to Display Carlie C's Operation $100,000 Carlie C's IGA Field Center, Inc. Manager Autry stated that with this pledge, all three fields currently constructed will now have naming rights at $100,000 each. He added that these pledges are greatly appreciated. Mayor Harris stated that the total private dollars raised thus far is over $1.1 million. He added that this response reflects the fact that the citizens agree with what is being done at Tyler Park and the City is fortunate in receiving these pledges thus reducing the tax payer dollar investment in the Tyler Park project. The City is now looking for pledges for the Miracle Field which is proposed to be constructed in Phase II of the project. Motion by Council Member Barfield and seconded by Council Member Tumage to approve the Pledge and Naming Rights Agreement between the City of Dunn and Carlie C's Operation Center, Inc. Motion unanimously approved. A copy of the Pledge and Naming Rights Agreement is incorporated into these minutes as Attachment #10. Temporary Blocking of Streets Downtown Revitalization Celebration Manager Autry explained that a request has been received from the Downtown Celebration Committee requesting the closing of E. Broad Street from Clinton Avenue to Railroad and Wilson Avenue from Cumberland Street to Edgerton Street on Friday, May 3, 2013 from 8:30 am until 11:00 am for the Downtown Celebration Ribbon Cutting Ceremony. Motion by Council Member Galbreath and seconded by Council Member Tumage to approve the temporary street closings as requested by the Downtown Celebration Committee. Motion unanimously approved. ITEMS FOR DISCUSSION AND /OR DECISION Financial Report Finance Director Mark Stephens provided the following financial report for the period ending February 28, 2013: • As of February 28, 2013, the City had $3.7M in cash in the General Fund and $1.9M in the Water - Sewer Fund. In February of 2012 the City had $3.2M in the General Fund and $2.8M in the Water -Sewer Fund. • Investment earnings are in the .15 % -.08% range. • Building permit fees were $49,196 or 109.32% of budget. Benchmark for this month is 66.67% of budget. • Water and sewer revenues were $2,915,532 of 63.17% of budget. Benchmark for this month is 66.67% of budget. ME Average fuel cost in February for unleaded was $2.82 per gallon and diesel was $3.25 per gallon. The City budgeted $3.35 per gallon. Sales tax revenue was $794,242 or 60.61% of budget. Benchmark for this month is 58.33% of budget. Expenditures were 60.15% of budget in the General Fund and 62.15% of budget in the Water and Sewer fund. The benchmark for this period is 66.67% of budget. Motion by Council Member Galbreath and seconded by Council Member Tart to accept the Financial Report. Motion unanimously approved. Set Date for Special Call Meeting/Budget Work Session Manager Autry stated that the Council is being asked to set a Special Call meeting/Budget Work Session for Thursday, May 23, 2013. Suggested time to begin the meeting is 8:30 am. Motion by Council Member Barfield and seconded by Council Member Robinson to set a Special Call Meeting/Budget Work Session date for May 23, 2013 beginning at 8:30 am. Motion unanimously approved. ADMINISTRATIVE REPORTS Motion by Council Member Maness and seconded by Council Member Turnage to accept the Administrative Reports. Motion unanimously approved. ANNOUNCEMENTS The following announcements and/or comments were made. Mayor Harris: ➢ The Dunn Area Chamber of Commerce has scheduled a Dunn Community Clean Up day on Saturday, April 20, 2013 — meet at 8:30 am at Sherry's Bakery. ➢ The Mayor's Prayer Breakfast is scheduled for Thursday, May 2, 2013 at 7:30 am in the Gospel Tabernacle Life Center. Also, the AP Government class from Triton High School will be participating in the Leaders of Tomorrow (Shadow) Program and mock City Council meeting at 3:00 pm on this same date. Boogie on Broad will be held on Thursday, May 2, 2013 from 6 -9 pm in Downtown Dunn. ➢ Downtown Dunn Revitalization Celebration is scheduled for May 2 -4, 2013. ➢ The next regular City Council meeting is scheduled for Tuesday, May 14, 2013 at 7:00 pm. ➢ Announced that the City of Dunn has been selected as one of twenty finalists in the nation for the 2013 All- America City Award. City Attorney Pope: ➢ A committee has been organized for an Annual Link Wray Music Festival. Beginning . this year, there will be a free concert at the Stewart Theater on Friday, May 3`" at 6:30 pm. A video will be shown pertaining to Link Wray's life and his grandson who is a professional musician will play as well as another band from Charlotte will be playing some of his music. Some of Link Wray's children and grandchildren will be attending this event at the Stewart Theater. Council Member Galbreath: ➢ Requested all future bid advertisements be equally balanced and available to minority businesses. Special Call Meeting Cancelled Mayor Hams informed the Council that due to circumstances of preparing taxes, Mr. Redinger has advised that the CPA firm which is involved in the Harnett Training School Campus project could not attend the special call meeting session planned for tonight, therefore the Council will not be able to meet in special session as planned tonight. A future special meeting date will be set prior to the May 11, 2013 final application deadline. Mayor Harris recognized board members Clem Medley, Reverend Reginald Hinton and Randy Cruise of the Dunn Community Development Corporation in the audience and expressed his appreciation to their service and their working relationship with the City. Mr. Medley expressed his appreciation for the work accomplished by this Council as it relates to this project; adding he is hopeful that this project is brought to fruition. ANNOUNCEMENTS CONTINUED Council Member Robinson: ➢ Expressed concern with the condition of Codrington Park and pictures of the park were distributed to the Council. Someone is going to have to manage this park and make sure it's inspected and there is enough manpower to make Codrington Park reflect the same standards that are set for Tart and Tyler Parks. 309 • Recommended citizens concerned about the taste of city water to do as he has and buy an in -home purifier system. The City has no control when pipes were installed. • During the Council retreat in March, Council Member Turnage asked him a question and he responded with a short answer which is out of character for him and he offered Mr. Turnage his apology. He stated that Mr. Turnage asked him why he had asked for information for the City of Dunn workforce. He explained that it was in response to statements he received from citizens, former employees and current employees who stated that the City of Dunn discriminates in hiring and may be guilty of institutional racism. He would not bring that accusation to the Council as an unsubstantiated piece of material and that is why he asked for the background and although he was not given total figures, 70% of the City's full -time employees are white, 70% of the City's part- time employees are black. When looking at department heads, he said there was one female department head. The report provided to the Council does not indicate race or gender but he can give that information to the Council. He asked the Council to ask the City Manager and Human Resources Director to draft for Council consideration, a Diversity Plan including steps to diversify the City workforce and proactive strategies to recruit for those areas dealing with limited commodities. The Police Department is a limited commodity. Black officers can go anywhere they want and will not come to Dunn unless they are recruited. Until positive steps are taken, the current diversity picture will not change. Mayor Hams suggested that Council Member Robinson and Mayor Pro Tern Galbreath meet with Manager Autry and Human Resources Director Thompson to draft a diversity plan. Council Member Robinson asked the Mayor to name a committee to draft a plan. Mayor Harris responded that the allegations he made may be unfounded; however be is not appointing a committee but rather he is directing Council Member Robinson and Mayor Pro Tem Galbreath to meet with the Manager and the Human Resources Director to research the allegation and if warranted, draft a plan. Mayor Pro Tern Galbreath: ➢ It is not PAL'S responsibility to maintain Codrington Park. It is the responsibility of the Parks and Recreation Department. Council Member Barfield: ➢ Downtown handicapped parking signs should be installed on the corner of each block instead of in the middle of the block as currently installed. Closed Session Motion by Council Member Robinson and seconded by Council Member Barfield to enter closed session to discuss legal matters. Motion failed 3 -4 to enter Closed Session. Yeas Nays Robinson Maness Galbreath Tart Barfield Tumage Harris Council Member Robinson stated that he will mention this issue in public at the next meeting. With no further business to discuss, a motion was made by Council Member Tumage and seconded by Council Member Tart to adjourn the meeting at 8:32 p.m. Motion carried 5 -1 with Council Member Barfield voting against adjournment. Attest: L�at Debra G. West City Clerk `��nninrrr cORPO -Z_ SEAL '0 P ` 1 CAROLN �%_,(AIA I� ds`e/ar N. Harris Mayor