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07092013327 MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Regular Meeting on Tuesday, July 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 Steven King, Planning Director Samantha Wullenwaber, Interim Police Chief Jimmy Pope, 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 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 Billy Tart and seconded by Mayor Pro Tem Galbreath to adopt the July 9, 2013 meeting agenda with changes, if any, as listed below. Items Added to the Agenda: • none Agenda Items Removed: • none Motion unanimously approved. PRESENTATIONS All- America City Award - Mrs. Linda Hayes (Team Captain) Mrs. Linda Hayes stated that she was honored to stand before this Council and this is a special privilege. She and her husband, Gerald Hayes, have been fortunate to call Dunn home for some 44+ years. She is very privileged to have raised her family in Dunn and all of her children, spouses and grandchildren still reside in Dunn. Never has she been any prouder than when Dunn was announced as winner #9 in the All - America City competition. Once the Towns of Gamer and Thomasville were named an All- America City, she was still hopeful and knew that Dunn's team had done their best. She stated that Mayor Harris and his wife, Jean were missed terribly in Denver. She explained that winning the All- America City is about a lot more than just a title. It is about bringing a title home to be extremely proud of; it is about bringing home the winner of the top ten American cities in the nation; it is about economic development, revitalization, business partners, and public - private partnerships. She was honored when Mayor Harris asked her to be Captain and honestly did not know how much work it would be but neither did she understand what a privilege it would be and how much fun it really was. She stated that the delegation talked about Harnett Health, Downtown Revitalization and the Police Athletic League (PAL) Activities Program of which she is extremely proud of from the birth of it when she was chairing the Governor's Crime Commission until now when they took those young people to Denver. The delegation also talked about the schools and the fact that Harnett Primary is a Lighthouse School - only one of two in the State and one of forty-four across the World. The delegation talked about all the Veterans and the partnerships adding that seventeen (17) veterans went to Denver. The delegation practiced many times before giving their ten minute presentation to the panel of jurors. It was a privilege to see a fourth grader stand up and talk about what a difference the Police Athletic League had made in his life, it was a privilege to see a rising sixth grader stand up and talk about what the "Leader in Me" Program had been about, and it was a privilege to see a young person who was a graduate of the Police Athletic League Program who is now a commissioned Captain in the United States Army and is a nurse, talk about what a difference the PAL Program made in his life. She spoke of how Nancy Blackman talked about the business partnerships and the public /private partnerships, how Sharon Stevens gave a testimony of what this means to Tourism and the Economic Development of Dunn and to hear each of the City Council folks that went to Denver, talk about what we were doing in the City of Dunn and to also hear former Mayor Dal Snipes talk about revitalization, hear the CEO of Harnett Health and a retired Army Colonel talk about Harnett Health. Those are the things this award is about; it's not about just saying Dunn is an All- America City; it's about saying We've Done It Right. She stated that this award is about Dunn and about pride and knowing when people look for a place to live, to educate their children, a place to shop, a place to visit, a place to have healthcare and a place to have great government, they will look at Dunn. She spoke of the bard work of the City employees that served on the All- America City Committee; City Clerk Debbie West has gone beyond the call of duty, Manager Ronnie Autry has been supportive in all ways, Interim Police Chief Jimmy Pope was phenomenal in bringing across the law enforcement efforts, Assistant Manager Neuschafer who served on several committees and Assistant Athletic Director Brian McNeill who prepared the mock stage for their many practices. Mrs. Linda Hayes, Team Captain of the City of Dunn All- America Committee, presented Mayor Harris and the City Council with the 2013 All- America City Award which was won by the City of Dunn when 70+ 9WI,. delegates representing the City of Dunn traveled to Denver, CO on June 12 -17, 2013 to compete for this designation. The City of Dunn was among ten of twenty finalists to be named as a 2013 All- America City. On behalf of all the team, citizens of Dunn and on behalf of the National Civic League, she presented the award to the Mayor, Council. Members of the delegation who were present in the audience were recognized. Mayor Harris stated that the City of Dunn is one of only forty -two (42) cities in the United States that have won this Award twice. Mayor Harris thanked Mrs. Hayes, the delegates, City Council, City Manager, Assistant City Manager, City Clerk, City employees, and all the partners, businesses and sponsors that made sure the City of Dunn did not incur any costs in the presentation of the program and preparing the application. Mayor Harris stated that this is an award for the citizens of the City of Dunn and belongs to them. Recognition to the City of Dunn - 2013 All- America City Designation — Representative for Governor Pat McCrory Ms. Erica Gallion, representative for Governor Pat McCrory, read a letter from the Governor in recognition of Dunn being named a 2013 All- America City and presented it to Mayor Harris. 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 Hams opened Public Hearings at 7:34 pm. PUBLIC HEARINGS 2 °d Public Hearing — CDBG Funds — Economic Development Program — Rooms to Go Mayor Harris stated that the City Council of the City of Dunn will hold a public hearing for the purpose of receiving citizen input on a proposed Small Cities Community Development Block Grant (CDBG)- Economic Development Application to be submitted to the Commerce Finance Center, North Carolina Department of Commerce for funding consideration. This application will seek a $1 million CDBG -ED grant (40 %) to be used with a $1 million (40 %) Rural Center Economic Infrastructure Program (EIP) grant, a $448,100 (18 %) Golden Leaf grant and $50,000 (2 %) local funds (City of Dunn) to finance public infrastructure extensions that have a total $2,498,100 (100 %) estimated cost. Activities to be funded include: acquisition, engineering, construction, application (s) preparation and grant program (s) administration. Proposed public water and sewer improvements will be extended from existing City of Dunn infrastructure to the 113 acre site on Saddlebred Road with I -95 access that Rooms to Go has selected to locate a 1.1 million square foot shipping/distribution center that will create 200 new full -time jobs and leverage a minimum of a $40 million private investment within thirty -six months of its announcement. The project will result in the creation of 155 new full -time employment opportunities for area residents within twenty- four months of the anticipated CDBG -ED grant award with at least 60% of the new jobs being filled by individuals having low or moderate incomes. The Public Hearing was duly advertised on June 27, 2013. Mayor Harris asked if there was anyone present who wished to speak for or against the proposed Small Cities Community Development Block Grant (CDBG) — Economic Development Application. Grant Consultant Skip Green stated that this is the 2nd public hearing. He explained that the full application will be before the Council for consideration at the next Council meeting. If the application is submitted, the grant offer will be made in September. Rural Center Funds will be used for engineering cost. Within two years, Rooms to Go will hire 155 employees. Mr. Green entertained questions. Hearing no further comments, Mayor Harris closed the public hearing Economic Development Incentive Agreement — Rooms to Go Mayor Harris stated that the public has been notified that the City Council of the City of Dunn will hold a public hearing for the purpose of receiving citizen comment on a proposed agreement to extend economic development incentives to Rooms to Go Distribution Company, LLC ( "Rooms to Go") which intends to purchase real property in the City of Dunn area of Harnett County for construction and operation of a regional furniture distribution center facility which will include a retail outlet. 329 The proposed economic incentive package will include a monetary incentive to be paid to Rooms to Go in the form of a refund of previously paid City of Dunn ad valorem taxes based upon the company's investment in real property (approximately 112 acre site), constructed distribution center facility and business operating equipment listed for City of Dunn taxes. This distribution facility project site will include a capital investment of approximately $40 million. 240 jobs plus 100 truck company contracts will be created as a result of the operation of this distribution facility. The public hearing was duly advertised on June 27, 2013. Mayor Harris asked if there was anyone present who wished to speak for or against the proposed Economic Development Incentive Agreement for Rooms to Go. Hearing no comments, Mayor Harris closed the public hearing. Demolition of House (Structure) — N. King Avenue — PIN #1516 -69- 2064.000 Mayor Hams stated that the public has been notified that oral and written comments will be heard and received concerning the demolition of the structure owned by Lewis Craig Tew and Ronnie Tew located on N. King Avenue. The public hearing was duly advertised on June 25, 2013 and July 2, 2013. Mayor Hams asked if there was anyone present who wished to speak for or against demolishing this structure. Hearing no comments, Mayor Harris closed the public hearing. Ordinance Amendment OA -01 -13 Chapter 11 Licenses and Business Regulations Mayor Harris stated that this is a request to amend Chapter 11, Licenses and Business Regulations of the City of Dunn Code of Ordinances. This amendment will revise Section 11 -4, Display of goods on sidewalks. The amendment creates a sidewalk sale ordinance in the downtown municipal service district. The public hearing was duly advertised on June 25, 2013 and July 2, 2013. Motion by Mayor Pro Tern Galbreath and seconded by Council Member Billy Tart to recess this Public Hearing until the August 13, 2013 Council meeting. Motion unanimously approved. Ordinance Amendment OA -02 -13 Chapter 22 Article I & IX Mayor Harris stated that this is a request to hereby amend Chapter 22, Zoning Ordinance, of the City of Dunn Code of Ordinances; Article I and IX. This amendment will add the definition of a solar farm and add solar farms as a conditional use in the RA- 40, R -20, I -10 and I -100 districts of the Zoning Ordinance. The public hearing was duly advertised on June 18, July 2 & 9, 2013. Mayor Harris asked if there was anyone present who wished to speak for or against OA- 02 -13. Hearing no comments, Mayor Harris closed public hearings at 7:44 p.m. CONSENT ITEMS Minutes — Council considered approval of minutes of the June 11, 2013 City Council meeting. Destruction of Municipal Records - Council considered approving the destruction of Finance Department records which have exceeded the required retention time pursuant to the Municipal Disposition Schedule. A list of those records that have exceeded the required retention schedule and approved for destruction is incorporated into these minutes as Attachment V. Motion by Council Member Barfield and seconded by Council Member Turnage to approve all consent items. Motion unanimously approved. ITEMS FOR DECISION Consideration of Resolution to Adopt Rooms to Go 330 Economic Development Incentive Agreement City Manager Autry stated that the Council is being asked to evaluate and adopt a Resolution and Economic Development Incentive Agreement between the City of Dunn and Rooms to Go Distribution Company, LLC (Rooms to Go) whereby the City of Dunn will make appropriations for the purpose of aiding and encouraging the location and/or expansion of manufacturing enterprises and industrial and commercial plants in the City. The City and its residents will receive a public benefit from the investment by Rooms to Go based upon the J obs created for the region, a substantial addition to the tax base of the City, increased sales taxes collected within the City and increased water and sewer revenues to the City. Council Member Robinson asked if a dollar value has been determined within this agreement. Mayor Harris explained that the City is providing the same incentive as the County of Harnett. Motion by Council Member Barfield and seconded by Council Member Robinson to adopt the Resolution to Enter into an Economic Development Incentive Agreement between the City of Dunn and Rooms to Go Distribution Company, LLC. Motion unanimously approved. A copy of Resolution (R2013 -19) adopting the Rooms to Go Economic Development Incentive Agreement is incorporated into these minutes as Attachment #2. Consideration of Ordinance to Demolish Structure — N. King Avenue — PIN #1516 -69- 2064.000 Manager Autry stated that Chief Building Inspector Blackmon has conducted an inspection at 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 structure dangerous or prejudicial to the public health or public safety and is a nuisance in violation of G.S. §160 -193. 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. Chief Building Inspector King explained that this is a storage building located on a separate piece of property behind 407 N. King Avenue. Mayor Pro Tern Galbreath asked Mr. King how soon they can demolish this structure. Mr. King responded that once the ordinance is recorded, they typically wait thirty days before demolishing the property. Motion by Council Member Billy Tart and seconded by Council Member Barfield to adopt the Ordinance directing the Building Inspector to proceed with the demolition of the structure located at N. King Avenue (PIN #1516 -69- 2064.000). Motion unanimously approved. A copy of Ordinance (02013 -04) to demolish the structure on N. King Avenue (PIN #1516 -69- 2064.000) is incorporated into these minutes as Attachment #3. Ordinance Amendment OA -01 -13 Chapter 11 Licenses and Business Regulations (No action — The Council deferred this item during the Public Hearing until the August 13, 2013 Council meeting) Ordinance Amendment OA -02 -13 Chapter 22 Article I & IX Planning Director Wullenwaber explained that this amendment will add the definition of a solar farm and add solar farms as a conditional use in the RA40, R -20, I -10 & I -100 districts of the zoning ordinance. Section 22 -1 adds the definition of a solar farm. Section 22 -461 this amendment adds solar farms as a conditional use in the following zoning districts: RA -40, Single Family Dwelling & Agricultural District R -20, Single Family Dwelling District I -10, Restricted Industrial District I -100, Industrial District Mrs. Wullenwaber explained that with this being a conditional use, anyone who wanted to construct a solar farm would have to come before the Council for final approval before they could begin as well as meet the listed requirements. This ordinance was created using extensive research from other municipalities zoning ordinances as well as numerous planning board workshops. This ordinance establishes rules and regulations. The Planning Board met on June 25, 2013, conducted a hearing and voted unanimously to approve this request. 331 Motion by Council Member Barfield and seconded by Council Member Tumage to approve OA- 02 -13. Motion unanimously approved. A copy of Ordinance (02013 -05) is incorporated into these minutes as Attachment #4. Resolution Authorizing the City Manager, Assistant City Manager and Finance Director to Sign "Requisition for Funds Form" - Catalyst Grant — Harnett Training School Apartments Assistant Manager Neuschafer explained that the Council is being asked to adopt a Resolution authorizing City Manager Autry, Assistant City Manager Neuschafer and Finance Director Stephens as individuals authorized to sign "Requisition for Funds form" on behalf of the City of Dunn for the $500,000 Catalyst Grant for the Harnett Training School Apartments Project. This is a requirement of the North Carolina Department of Commerce — Community Assistance — Community Development Block Grant Program. The Council adopted a Resolution Approving the NC Catalyst Grant Application and the acceptance of same on November 13, 2012. Motion by Council Member Tumage and seconded by Mayor Pro Tem Galbreath to adopt the Resolution Authorizing City Manager Autry, Assistant City Manager Neuschafer and Finance Director Stephens to sign "Requisition for Funds form" on behalf of the City of Dunn for the $500,000 Catalyst Grant — Harnett Training School Apartments Project. Motion unanimously approved. A copy of Resolution (R2013 -20) Authorizing "Requisition for Funds form" is incorporated into these minutes as Attachment #5. Board Appointments Planning Board (3 year term) In -town Incumbents Blaine Everhart and Patsy Powell are willing to serve another term and Joe Miriello wishes to move his re- appointment from the Board of Adjustment to an in -town vacancy on the Planning Board which was previously held by Teresa Stephenson. No applications have been received for the ETJ vacancy. Motion by Council Member Maness and seconded by Council Member Tumage to re- appoint Blaine Everhart and Patsy Powell to the Planning Board with terms expiring June 30, 2016 and to appoint Joe Miriello to serve the unexpired term of Teresa Stephenson ending June 30, 2015. Motion unanimously approved. Council Member Robinson requested that at some point, he would like the Council to look at all board appointments and report those based on the diversity make -up of all boards for future use. Board ofAdjustment (3 year term) In -town Incumbent Joe Miriello wishes to serve on the Planning Board and Mr. Kevin Nelson does not wish to serve another term. Another in -town vacancy remains on this board. No applications have been received. ABC Board (3 year term) Incumbent Helen Alspaugh has served one term and applications have been received from Milton Lynn Jernigan and Jarvis Bynum. Motion by Council Member Barfield and seconded by Council Member Tumage to appoint Milton Lynn Jernigan to the ABC Board with a term ending June 30, 2016. Mayor Pro Tern Galbreath stated that he is ex- officio for the ABC board and would like to bring to the Councils' attention that diversity is not represented on this board. Council Member Robinson agreed. Motion carried 4 -2 with Council Member Robinson and Galbreath opposing. Library Board (3 year term) Two vacancies created by incumbents Elizabeth Bynum and Virginia Marshall who are not eligible to serve another term. Applications have been received from Doris Olds and Priscilla Neighbors. Motion by Council Member Barfield and seconded by Council Member Tumage to appoint Doris Olds and Priscilla Neighbors to the Library Board of Trustees with a term ending June 30, 2016. Motion unanimously approved. Dunn Housing Authority (Mayoral appointment) (5 year term) (Tenant Representative -I year term) 332 As recommended by a letter from the Dunn Housing Authority, Mayor Harris re- appointed Eric Sinclair with a term ending June 30, 2018 and Charles McNeill as tenant representative to the Dunn Housing Authority with a term ending June 30, 2014. Recreation Commission (3 year term) Two incumbents Laronda Abney and Burnell Williams are willing to serve another term and incumbent Wbit Bradham does not wish to serve another term. One application has been received from Keith Williams. Motion by Council Member Tumage and seconded by Council Member Barfield to re- appoint Laronda Abney and Brunell Williams and appoint Keith Williams to the Recreation Commission with terms ending June 30, 2016. Motion unanimously approved. Temporary Blocking of Street — E. Harnett Street from N. Lee Avenue to N. Sampson Avenue Manager Autry stated that a formal request has been received from Felica Blue, to close E. Harnett Street from N. Lee Avenue to N. Sampson Avenue on Saturday, August 31, 2013 from 3:00 pm until 10:00 pm for the purpose of holding a family reunion. This same request was approved August 10, 2010, July 12, 2011 and July 10, 2012. Motion by Council Member Robinson and seconded by Mayor Pro Tem. Galbreath to approve the temporary street closing as requested by Felica Blue. Motion unanimously approved. Tax Refund — James Taylor — 708 Lincoln Street — Tax Parcel #02151608400005 Motion by Council Member Robinson to discuss this issue in closed session to receive legal advice from the City Attorney to preserve the attomey- client privilege and bring back to the Council after closed session. Motion died for lack of second. Manager Autry stated that this is a request from Mr. James Taylor, for a refund of city taxes that have been assessed for property at 708 Lincoln Street since 1994. Manager Autry explained that Mr. Taylor was advised that his residence was not in the City Limits of Dunn when he went to vote in October 2011. Mr. Taylor approached the City in the fall of 2011 and in 2012 he requested a refund of City taxes paid since 1994. Several meetings were held with Mr. Taylor and with Council Member Galbreath whereby Mr. Taylor was advised that by North Carolina General Statue, the City could refund him for the past five (5) years plus the two (2) years that he had notified the City of this situation. Manager Autry stated that Harnett County's policy is to refund five (5) years plus the year that the discrepancy is discovered. The City was notified verbally in 2011 but not in writing and there was not any follow -up until 2012. Manager Autry stated that Mr. Taylor initially rejected the offer of $2989.24, but is now requesting the offer. Taxes from 2006 — 2012 = $2989.24 Water & Sewer rate difference from 2006 — 2012 = $3200.46 Mr. Taylor was billed the in -town rate for water and sewer during this period of time. Mr. Taylor is presently being billed for water and sewer at the out of town rate. Council Member Robinson stated that an honest man pays his taxes and finds out he is not in the City. The City has the responsibility to know who they are taxing. The only thing Mr. Taylor did wrong was pay his tax bill. If an individual got him for eighteen (18) years for something they had no right to, it would be a crime. By the City doing the same thing, it does not make it acceptable just because the City is a governing body. Council Member Maness stated that he is not opposed to accepting Mr. Taylor's agreement to accept this offer. For clarity, he agrees with Council Member Robinson, however, Mr. Taylor did receive the in -town water and sewer rate, garbage pick -up and police and fire protection during these years and if someone is so inclined to compare the calculations, Mr. Taylor received more services from the City monetarily than he paid in taxes. He feels the City is being very fair. Council Member Robinson stated that he disagreed with Council Member Maness because both mistakes were created by City Administration; no fault of Mr. Taylor. A motion was made by Council Member Robinson to refund Mr. Taylor $8,967.72 for City taxes that have been paid. Motion died for lack of second. 333 Motion by Council Member Maness and seconded by Council Member Billy Tart to refund Mr. James Taylor $2989.24 for City taxes that were paid from 2006 - 2012. Motion carried 6 -1 with Council Member Robinson opposing. ITEMS FOR DISCUSSION AND /OR DECISION Financial Report Finance Director Mark Stephens provided the following financial report for the period ending May 31, 2013: • As of May 31, 2013, the City had $3.1M in cash in the General Fund and $1.6M in the Water - Sewer Fund. In May of 2012 the City had $2.7M in the General Fund and $2.4M in the Water - Sewer Fund. • Investment earnings are in the .10 % -.08% range. • Building permit fees were $69,829 or 155.18% of budget. Benchmark for this month is 91.67% of budget. • Water and sewer revenues were $4,000,069 or 86.68% of budget. Benchmark for this month is 91.67% of budget. • Average fuel cost in May for unleaded was $2.77 per gallon and diesel was $3.04 per gallon. The City budgeted $3.35 per gallon. • Sales tax revenue was $1,176,209 or 86.49% of budget. Benchmark for this month is 83.33% of budget. • Expenditures were 87.13% of budget in the General Fund and 88.65% of budget in the Water and Sewer fund. The benchmark for this period is 91.67% of budget. Council Member Robinson asked for a dollar amount on the comp hours for the police department. He stated that what he was provided is not what he requested. He asked for a designation that indicates the number of individuals involved and individual accumulated hours. Motion by Council Member Barfield and seconded by Council Member Billy Tart to accept the Financial Report. Motion unanimously approved. ADMINISTRATIVE REPORTS Motion by Mayor Pro Tem Galbreath and seconded by Council Member Maness to accept the Administrative Reports. Motion unanimously approved. Council Member Maness asked when the employee bonus in lieu of COLA will be distributed. Manager Autry responded that this one -time bonus will be distributed at the end of July. ANNOUNCEMENTS The following announcements and/or comments were made. Mayor Harris: ➢ Invited everyone to attend the State of the City, on Monday, July 22, 2013 at 12:00 noon at DeBorah's Restaurant. ➢ Crime Stoppers National Night Out Celebration will be held on Tuesday, August 6, 2013 from 6 pm — 9 pm at Tart Park. ➢ The next regular City Council meeting is scheduled for Tuesday, August 13, 2013 at 7:00 pm. Council Member Robinson: ➢ Congratulated his neighbor, Carolyn Fordham — Lucknow Garden Club of the Month. ➢ Concerned about staffing at PAL — the fact that the Summer Program has been suspended based on 1,000 hour rule — only the gym and swimming pool are operating at this point. Mayor Harris suggested the Manager talk with the Department head about this issue. Mr. Robinson stated that PAL is extremely important and this issue should have been addressed before this point. Manager Autry advised that Mr. Robinson wants this in a timely manner when he was just advised about a week ago that PAL had no funding for the Summer Program. Mr. Autry explained that if an employee works over 1,000 hours in a twelve month period consecutively, then they have to be enrolled in the City retirement system. All of these individuals cannot be added to the City retirement. They were hired under a ten (10) month grant and no information was brought to him about a summer program until approximately one week ago. He added there were no funds to make these folks retirement worthy. These folks will go under another grant period starting in September. Council Member Robinson stated that five or six of these employees who have been a key part of the program that the City needs to maintain because they have proven they're capable of performing what is required of them and they already have relationships with the community and with the children. He is hoping there is some way within the City not to lose those employees. Mayor Harris suggested Council Member Robinson and the police commissioner get with the City Manager, Interim Police Chief, Lt. Rowland and a representative of PAL and debate this issue to come up with a solution. 334 Council Member Maness asked Manager Autry if these folks are funded by grants and when the grant period ends, there is no funding to employ them and this applies to government. Mr. Autry responded yes. Council Member Robinson asked City Attorney Pope about clarity from the Attorney or staff about contract obligation and contract breaches as it relates to the Downtown Revitalization Project. He stated that he requested the Council discuss these issues in a closed session but it was denied. City Attorney Pope responded to Mr. Robinson, that if there are any legal matters that need to be brought to his attention for him to discuss, he will be glad to do so and if it is something that he needs to make the full Council aware of and that they want to discuss collectively then that is the wish of the Council. Council Member Robinson stated that his concern is this is home to him and he has some sincere reservations about what has gone on during the Revitalization Project and the fact that the City has not closed out the contract and he questions the integrity of the City's contracting process. At some point, if there are questions about the City's contracting process, maybe they need to ask the funding agency to investigate the process so he can feel good about what is done in the City. Mayor Harris suggested Council Member Robinson meet with City Attorney Pope about this issue. Council Member Robinson asked for an update on the status of hiring a Police Chief. He stated that some of the Council may feel he is interfering with the Manager's job but he doesn't work for Mr. Autry; Mr. Autry works for them. He stated that the Council should have an opportunity to collectively discuss what they want for this City and what they expect from the next Police Chief. He doesn't have a problem talking with Manager Autry. Council Member Maness stated that he has only had the privilege of being involved with the process of replacing one Police Chief. He explained that during that process, applications were submitted and once they were narrowed down to three or four, all of the Council were called in two by two and when they were narrowed, the Council was in agreement. All of them have an opportunity to let the City Manager know what they expect and he along with several other Council members have already done that. The next logical step would be when the City Manager narrows his selection to the top four or five candidates then he will probably call the Council in to present it. Mayor Harris stated that the City Manager is not at the point of narrowing applications yet. Council Member Robinson stated that it certainly has been a while and he would have liked to have known at what point he is at. Manager Autry stated they have a competent Interim Chief to serve until he moves forward with hiring a Chief. Council Member Galbreath: ➢ He already expressed his concern to the City Manager as it relates to the hiring of a Police Chief, told him what he would like to see for the make -up of the community; adding that any of the other Council members have been at liberty to contact the City Manager to do the same at any given time. The decision is for the City Manager. He has also expressed to the City Manager, when he would like to see the appointment of the next Police Chief and given him a time -table of when that person should be in place. ➢ Requested the City Manager, Assistant City Manager, and Public Works Director to address limbs and weeds growing through the fence at Resthaven Cemetery which is prohibiting travel along the roadway and requested these items be trimmed back as soon as possible. ➢ Expressed concern about a situation on S. Fayetteville Avenue which he previously expressed to administration that needs to be taken care of He was informed by administration that there was a process that needed to happen from those that complained and the process was that they should submit a complaint form on -line. This item will be discussed with the City Manager and Building Inspector because he would like to see immediate action taken. Folks are living in a very dilapidated structure with no utilities, high grass and complaints have been received. He would like some type of action in place by Friday of this week so he can follow -up with those that have complained about those residents on S. Fayetteville Ave. ➢ Expressed concern about two residents in the 800 block of E. Harnett Street that has been an ongoing issue for a number of months. The Police Chief, Building Inspector, and City Manager need to come up with a plan of action by the end of the week. The folks in this neighborhood are tired of this situation. ➢ Traffic (stop) signs on the east side of town have graffiti and markings placed in and around E. Harnett Street as well as Elm Avenue. He asked that Public Works drive through the eastern part of town and clean or replace these signs. ➢ Mentioned an issue with an alleyway between W. Broad St. and W. Edgerton St. that he has spoken to administration about for the past year. This alley is near a barber shop that does a significant amount of business within the community and has safety concerns about children that exit their business. The concern is about cars traveling at a high rate of speed through the alleyway. This particular business has requested the City to place some type of calming device or speed bump within the alleyway; adding they have not received an answer nor has he and he would like some plan of action or answer by the end of this week. ➢ Entrance. way Exits 72 and 73 — Grass and over - growth needs attention. If City equipment cannot reach certain areas then NCDOT needs to be contacted. ➢ Proud of the young people in the community. They were well behaved during the All- America City competition. Council Member Tumage: ➢ Concerned about continuing upkeep of Greenwood Cemetery and all other City cemeteries. 335 ➢ Storm water drainage — identify top drainage stormwater issues and address those over the course of the next year as funding becomes available. ➢ Wasn't able to go to Denver, CO — My State Magazine will be publishing an Article about all three (3) North Carolina All- America Cities. Council Member Barfield: ➢ Concern about Cemeteries and he mentioned a Cemetery Committee to solve some of these problems. ➢ Grass is high everywhere due to the recent rains. ➢ Past week, the Booster Club had two tournaments at Tyler Park — excellent job handling the excessive rainwater and preparing the fields at Tyler Park, Recreation Director Hudson reported that 12U and IOU advanced to State Play -offs. 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 8:56 p.m. Motion unanimously approved. Attest: DeTbra G. West City Clerk N�nnn��r % 'GORPO OZ Op •, `rFA L ' yCAA0 car N. Harris Mayor