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10082013355 MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Regular Meeting on Tuesday, October S, 2013, at 7:00 p.m. in the Dunn Municipal Building. Present was Mayor Oscar N. Harris, 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, Public Utilities Director Dean Gaster, Finance Director Mark Stephens, Chief Building Inspector Steven King, Planning Director Samantha Wullenwaber, 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 Council Member Buddy Maness to give the invocation. Afterwards, the Pledge of Allegiance was repeated. AGENDA ADJUSTMENT AND APPROVAL Motion by Council Member Turnage and seconded by Council Member Barfield to adopt the October 8, 2013 meeting agenda with changes, if any, as listed below. Items Added to the Agenda: • none Agenda Items Removed: • #15 — Authorization to Approve Golden LEAF Economic Catalyst Grant Performance Agreement between the City of Dunn and Rooms to Go. (Explanation: Pending Modifications until final approval) Item moved from Decision to Consent Agenda: • #18 — Resolution Urging a Safe and Courteous Halloween on Thursday, October 31, 2013 Motion unanimously approved. Oath of Office - Police Chief District Court Judge O. Henry Willis, Jr. administered the Oath of Office to Police Chief Jimmy Pope. A copy of this Oath is incorporated into these minutes as Attachment #1. Chief Pope thanked the Mayor and Council for their support of him. City Council Candidate — District 3 Mayor Harris explained that the Council adopted a policy at the August 13, 2013 meeting which established the procedure for filling the vacant Council seat of District 3. Applications were received until September 30, 2013. A total of three (3) applications for the vacant District 3 Council seat were received. Applicant 1 — Submitted on August 27, 2013 by Mr. Reno Leggett — 800 E. Divine Street. Mr. Leggett's untimely death occurred during this process. Applicant 2 — Submitted on September 27, 2013 by Mr. Herbert Evandrea Smith — 709 S. Washington Avenue. Mr. Smith does not live within the boundary of District 3 and is therefore ineligible for consideration. Applicant 3 — Submitted on September 30, 2013 by Mr. Willie Frank McLean — 607 E. Vance Street. Mayor Harris yielded to Mr. Willie Frank McLean to address the Council. Mr. McLean spoke of his qualifications for the office of Council Member. He stated that he is a citizen of Dunn, has resided in District 3 for over forty (40) years and is seeking to fill the vacant position in District 3. He is a graduate of North Carolina A & T University, he served in the US Army, attended Campbell University, attended Barber College, worked as a Barber and used this service to help those in nursing homes making house calls to those not able to get out. He was an active participant in the redistricting process in Dunn, ran for the office of Council Member on several occasions with a couple of times, resulting in a run -off. He's had a long interest in the political process, served as a Precinct Judge in the past, served as a member of the Board of Adjustment, worked the polls during elections, active in the Harnett County Democratic Party, and served on the election Board. He is a member of Pleasant Grove Baptist Church where he serves as Chairman of the Deacon Board, and Sunday schoolteacher. Based on his background and interest, he feels that he is very capable of holding the position of Council Member for District 3. He is interested in the growth and welfare of the City and its' continued growth to keep it an All- America City. He will work for the present Council and for the best interest of the City in 356 District 3, leaving personal issues out and working for the good of all citizens. He will keep District 3 informed on all matters of the City especially their concerns and will act as mediator for them. District 3 is in need of help and he would hope to work with the Police Department to get more Police Patrol in the area to curtail some of the disturbing activities. He is also concerned about getting more businesses in the area to provide more jobs. He is asking for Council consideration in appointing him to the vacant District 3 seat. Mayor Harris recognized members of the audience in attendance to support Mr. McLean. PUBLIC COMMENT PERIOD Mayor Harris opened the floor for a (30) minute public comment period. Hearing none, the public comment period was closed. Mayor Harris opened Public Hearings at 7:29 pm. PUBLICHEARINGS Ordinance Amendment OA -03 -13 Solid Waste Management Chapter 18 of the City of Dunn Code of Ordinances Mayor Harris stated that this is a request to hereby amend Chapter 18, of the City of Dunn Code of Ordinances; Article I & II. This amendment will update the solid waste ordinance by adding definitions for Building Material, Bulk Trash, Bulk Yard Waste, Chronic Violator, Noxious Weeds, Recyclables, Solid Waste and Yard Waste and will specify which refuse, rubbish and solid waste items are picked up by the City crews and which items are not. In addition, this amendment will address uncontrolled growth on undeveloped lots (under one acre in size) and abatement measures for remedies to such a violation. The public hearing was duly advertised on September 26, 2013. Mayor Harris asked if there was anyone present who wished to speak for or against OA- 03 -13. Hearing no comments, the public hearing was closed. Ordinance Amendment OA -04 -13 Cemetery Advisory Board Chapter 2 of the City of Dunn Code of Ordinances Mayor Harris stated that this is a request to hereby amend Chapter 2, of the City of Dunn Code of Ordinances by adding a Cemetery Advisory Board. This amendment will establish a Cemetery Advisory Board within the Boards Commissions Committees. The public hearing was duly advertised on September 26, 2013. Mayor Harris asked if there was anyone present who wished to speak for or against OA- 04 -13. Hearing no comments, Mayor Harris closed the public hearings at 7:31 pm. CONSENTITEMS Minutes — Council considered approval of minutes of the Septemberl0, 2013 City Council meeting Proclamation - Council considered approval of a proclamation designating October 20 -26, 2013 as National Friends of Libraries Week. Council Member Barfield read the proclamation. A copy of Proclamation (P2013 -30) designating National Friends of Libraries Week is incorporated into these minutes as Attachment #2. Proclamation — Council considered approval of a proclamation designating October 26, 2013 as "Fall Clean Up Day" in the City of Dunn. Council Member Turnage read the proclamation. A copy of Fall Clean Up Day Proclamation (P2013 -31) is incorporated into these minutes as Attachment #3. Monthly Performance Status Report-HTC — Council considered approval of Status Report for the month of September, 2013 for the NC Catalyst Grant 12 -C -2476 — Harnett Training School Apartments Project. 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 -29) is incorporated into these minutes as Attachment #4. 357 Resolution — Council considered a Resolution Urging a Safe and Courteous Halloween on Thursday, October 31, 2013. Council Member Maness read the Resolution. A copy of Resolution (R2013 -30) Urging a Safe and Courteous Halloween is incorporated into these minutes as Attachment #S. Motion by Council Member Barfield and seconded by Council Member Billy Tart to approve all consent items. Motion unanimously approved. Ordinance Amendment OA -03 -13 Solid Waste Management Chapter 18 of the City of Dunn Code of Ordinances This amendment will revise Chapter 18; Solid Waste Management. This amendment will update the solid waste ordinance and will specify which refuse, rubbish and solid waste items are picked up by the City crews and which items are not. This amendment adds a definition for uncontrolled growth on undeveloped lots (under one acre in size) and abatement measures for remedies to such a violation. Section 18 -39 (e) Residences; was amended removing the text which talked about landscape and tree service contractors which was objected to during the retreat discussion. Any equipment and personnel needed for enforcement will be charged to the person responsible for the violation. Consensus of Council to defer action until the November Council meeting to allow the Council adequate time to review the comparisons of the current ordinance to the proposed ordinance as provided by Assistant Manager Neuschafer. Ordinance Amendment OA -04 -13 Cemetery Advisory Board Chapter 2 of the City of Dunn Code of Ordinances This amendment will revise Chapter 2; of the City of Dunn Code of Ordinances by adding a Cemetery Advisory Board. This amendment will establish a Cemetery Advisory Board with the Boards Commissions Committees. Motion by Council Member Barfield and seconded by Council Member Turnage to approve OA- 04 -13. Motion unanimously approved. A copy of Ordinance (02013 -07) is incorporated into these minutes as Attachment #6. Ordinance Amendment OA -01 -13 Chapter 11 Licenses and Business Regulations (Deferred at 7 -9 -13, 8 -13 -13 & 9 -10 -13 CC Mtg.) 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. Section 11 -4 adds the rules and regulations for a sidewalk sale ordinance. This ordinance creates the permit process and requirements, and the amount of frontage that can be used to place goods in front of a store facade. There is currently an ordinance in place regarding sidewalk sales (beginning of Section 11 -4), but there are no rules or policies regarding the ordinance. This creates regulations and an application process for the existing ordinance. This ordinance is revised from previous meetings and was drafted from input from the Downtown Dunn Development Corporation and the City of Dunn. This ordinance allows for sidewalk sales Monday thm Saturday from 8:00am- 6:00pm, year around, with a permit being issued once a year. All merchandise on display has to follow the spacing requirements in the ordinance and the permit will be revoked if any part of the ordinance is violated. Motion by Council Member Billy Tart and seconded by Council Member Tumage to approve OA -01 -13 Discussion was held that all sidewalks in downtown Dunn are not 11 feet wide, and the concern of providing a five (5) foot pedestrian zone and to supply three (3) feet of display on sidewalks that are narrower than 11 feet. Planner Wullenwaber suggested that verbiage could be added to the ordinance to state that pedestrian passageway will be a minimum of five (5) feet. Discussion was held about the DACC downtown event, "Christmas on Broad" which is usually held on a Sunday and would not be covered under this proposed ordinance. It was discussed that the City Manager would approve any deviations from the general guide; however, Manager Autry pointed out that the ordinance contains an exception for special events hosted by the City of Dunn, Dunn Area Tourism Authority and Dunn Area Chamber of Commerce. Discussion was held to adopt the ordinance as proposed and after one year, the Council could review the ordinance to determine if it is working or if revisions should be made to it. Further discussion was held about the five (5) foot pedestrian zone and enforcement. Discussion was held about the insurance issue, indemnity statement and liability to the City and merchants. Discussion was held about the permit process and the need for annual permits in order to enforce the ordinance. Motion unanimously approved. A copy of Ordinance (02013 -08) is incorporated into these minutes as Attachment #7 Authorization to Amend Public Facilities Agreement and Performance between the City of Dunn and Rooms to Go Manager Autry explained that the Council is being asked to authorize approval to amend only the Public Facilities Agreement between the City of Dunn and "Rooms to Go" that was adopted at the August 13, 2013 Council meeting as the City is still awaiting an amended Performance Agreement from the State agencies. He added that the original agreement stated that "Rooms to Go" will commit to job creation by the end of the twenty-fourth (24th) month following the date of the Grant Agreement; however, "Rooms to Go" is requesting and the grant agencies have agreed, that job creation can be expanded to the thirty -six (36`) month. Mayor Harris pointed out that these negotiations are on -going between "Rooms to Go" and the State of North Carolina in developing the policies and procedures and commitments. Motion by Council Member Maness and seconded by Council Member Billy Tart to approve authorization to amend the Public Facilities Agreement between the City of Dunn and "Rooms to Go ". Motion unanimously approved. A copy of the Public Facilities Agreement is incorporated into these minutes as Attachment #8. Resolution to Re -apply for a EPA Brownfield's Assessment Grant Planning Director Wullenwaber explained that the City is seeking to re -apply for a US Environmental Protection Agency (EPA) Brownfields Grant. This is a 100% federally funded grant in the amount of $400,000 and is designed to work together with the EPA in a timely manner to prevent, assess, and create the opportunity for reuse abandoned or contaminated properties. If awarded, the City would hire a consultant to assist in the Grant who specializes in EPA Brownfield Assessment Grants. The City of Dunn has multiple abandoned industrial sites, old gas stations, and other areas with potential hazardous substances and petroleum pollution. This grant would allow for the assessment of those properties and create a plan that would demonstrate precisely what was needed to clean up the site and redevelop it. This is a great tool that could potentially create new parks, greenways, museums, etc. and attract new business to Dunn. The City applied for this grant last year and was denied; therefore, staff is seeking authorization to re -apply with an amended application. There are no matching funds required by the City of Dunn and all funds will be available. Motion by Council Member Robinson and seconded by Council Member Barfield to approve the Resolution to apply for the EPA Brownfield Assessment Grant. Motion unanimously approved. A copy of Resolution (R2013 -31) Authorizing Application for EPA Brownfield Assessment Funds is incorporated into these minutes as Attachment #9. Purchase/Lease of Sewer Camera Manager Autry stated that this item was not budgeted in FY 13 -14. The City has a camera unit that is thirteen (13) years old and does not have the latest focus capability for pipes larger than ten inches in diameter. The current unit is outdated and parts are obsolete. One top of the line demo unit ( Envirosight Rovver X sewer camera) was found which has features that exceed other units. An attractive interest rate was provided and if approved, the first installment would be paid in FY 14 -15. Based on a purchase /lease price of $74,370 and an interest rate of 3.99% from Tax Exempt Leasing Corporation, the first of five annual purchase /lease payments of $16,570.89 would begin on July 15, 2014. Motion by Council Member Robinson and seconded by Council Member Turnage to approve the purchase /lease of the Envirosight Rower X Demo Unit Sewer camera. Motion unanimously approved. Release Lien for Demolition Fees — 403 N. King Avenue PIN #1516 -68- 2806.000 Parcel ID #02151607170012 City Attorney Pope explained that the City Council is being asked to release the lien in the amount of $9,671.12 for the vacant parcel of land located at 403 N. King Avenue and owned by Belvin L. Strickland, 359 Jr. The dwelling located upon this particular property was ordered demolished by the City Council and is recorded in Harnett County at Book 2968, Page 565, dated March 16, 2012. Mr. Strickland will receive a purchase price of $6,000 for this lot and will net $5,624.95 after closing costs. It is proposed that this would be the amount paid to the City of Dunn to release its' lien against this property. Attorney Pope stated that he was contacted by the attorney representing the potential buyer when the title search was conducted and a lien to the City of Dunn was found. Attorney Pope requested a copy of the settlement statement which was presented to the Council. With Council approval, all net proceeds from the sale of the property would come back to the City pursuant to the lien if the Council agrees to cancel their lien. The proposed settlement is more than 50% and the alternative to not release the lien, would be to wait and see if another potential buyer comes along or foreclose on the property. Attorney Pope explained the process involved to foreclose on property which would require an additional investment from the City with the uncertainty of whether or not there would be a buyer that would bid in the amount owed to the City. Discussion was held about the fair market value of this lot, the loss of $4,000 if the City accepts this offer, and the fact that the owner, B.L. Strickland, Jr. also owes the City $4,000 for a lien on property at 211 N. King Ave. Council consensus was to defer action until the November meeting to resolve questions of the Council. Consideration to Appoint Mayor Pro Tern Motion by Council Member Tumage and seconded by Council Member Billy Tart to appoint Buddy Maness as Mayor Pro Tem with a term ending on the first Council meeting date of December 2014. In addition, this appointment will also serve the remaining term of former Council Member Bryan Galbreath. Motion unanimously approved. ITEMS FOR DISCUSSION AND /OR DECISION Financial Report Finance Director Mark Stephens provided the following financial report for the period ending August 31, 2013: • As of August 31, 2013, the City had $1.8M in cash in the General Fund and $1.7M in the Water - Sewer Fund. In August of 2012 the City had $1.9M in the General Fund and $1.8M in the Water - Sewer Fund. • Investment earnings are in the .10 % -.08% range. • Building permit fees were $12,986 or 23.61% of budget. Benchmark for this month is 16.67% of budget. • Water and sewer revenues were $829,279 or 18.03% of budget. Benchmark for this month is 16.67% of budget. • Average fuel cost in August for unleaded was $2.69 per gallon and diesel was $3.06 per gallon. The City budgeted $3.15 per gallon. • Sales tax revenue was $123,689 or 8.90% of budget. Benchmark for this month is 8.33% of budget. • Expenditures were 14.88% of budget in the General Fund and 15.16% of budget in the Water and Sewer fund. The benchmark for this period is 16.67% of budget. • Audit Report should be ready for presentation at the December Council meeting. Motion by Council Member Barfield and seconded by Council Member Tumage to accept the Financial Report. Motion unanimously approved. City Council Member Appointee District 3 Motion by Council Member Maness and seconded by Council Member Robinson to appoint Willie Frank McLean to fill the vacant Council seat of District 3. Motion unanimously approved. Mayor Harris administered the Oath of Office to Willie Frank McLean. A copy of the Oath is incorporated into these minutes as Attachment #10. ADMINISTRATIVE REPORTS Motion by Council Member Tumage and seconded by Council Member McLean to accept the Administrative Reports. Motion unanimously approved. ANNOUNCEMENTS The following announcements and/or comments were made. 360 Mayor Hams: ➢ The 2013 North Carolina League of Municipalities Conference will be held on October 13 —15 in Hickory, NC. The City of Dunn will have an All- America City Exhibit at this meeting. ➢ DACC Beautification and Image Committee will be coordinating a Fall Clean -up Day on Saturday, October 26th. Volunteers should meet at 8:30 am at Sherry's Bakery. ➢ "Trick or Treat' times will be observed in the City limits of Dunn on Thursday, October 31 n from early evening until 8:30 pm. ➢ 15d' Annual Touchstone Energy Cotton Festival will be held on Saturday, November 2nd from 10 am until 4 pm in Downtown Dunn. ➢ City offices will be closed Monday, November I1`h in observance of Veterans Day. ➢ The next regular City Council meeting is scheduled for Tuesday, November 12, 2013 at 7:00 pm. ➢ American Legion Post 59 will hold a veterans ceremony on November 101° at 2:00 pm at the General William C. Lee Museum. ➢ Everyone is invited to attend an Open House "Lights on Afterschool" event at the City of Dunn Police Athletic League (PAL) on Thursday, October 17'", 2013 from 4 -6pm - 610 E. Johnson Street. Council Member Maness: • Offered his congratulations to Council Member McLean and he looks forward to working with him. • A number of alternatives to traditional Trick or Treating will be available in the City. • A policy is being prepared by Assistant Manager Neuschafer for the care of all three (3) cemeteries. Public Works is being augmented with contractors to allow the Public Works resources to be applied to the cemeteries. A cemetery committee will be appointed and citizens are encouraged to submit applications to the City Clerk. The policy and committee will be in place by the end of the year to prepare for the grass growing season next spring. With the policy, committee and the focus by Public Works on the cemeteries, the City will have an excellent way ahead for the care of the City cemeteries. Council Member Robinson: ➢ Extended his congratulations to Council Member Frank McLean and he looks forward to working with him. ➢ Job training opportunities are available to youth and adults through the Harnett County Job Link office 910 - 814 -4042. Council Member Barfield: ➢ Congratulated Chief Pope. ➢ Asked the City Manager to place on the November Council Agenda, a letter received from the Special Olympics requesting a donation from the City. Council Member Turnage: ➢ Thanked Mayor Hams and Ms. Rosetta White for taking 2.5 hours to tour neighborhoods mostly contained in Districts 2 and 3 with regard to dilapidated housing. Most problems were noted in Districts 2 and 3. He asked that they prioritize enforcement and utilize the Police Department to identify these areas and how to address them. ➢ Concerned about the quality of service received by Republic Waste as it relates to the delay in pick -up. Council Member Tart: ➢ Congratulated Chief Pope. ➢ Congratulated Council Member Frank McLean. ➢ Congratulated Council Member Maness on his appointment as Mayor Pro Tem. ➢ Asked Manager Autry to give an update on Highway 421 resurfacing by NCDOT. Council Member McLean: ➢ Thanked everyone for their support and he looks forward to working with everyone. ➢ Congratulated Council Member Maness as Mayor Pro Tem. Manager Autry: • Congratulated Council Member McLean who has already made several visits to City Clerk Debbie West. • Provided an update on the resurfacing of Highway 421 which is a State maintained NCDOT road. Manhole rings have been adjusted which has caused the bumpy ride. The portion of road from Highway 421 to Erwin Road will also be resurfaced. Should the weather allow, crews will pave Highway 421 (Cumberland) through town and Erwin Road next week during the night. • The sidewalk at the main intersection of Highway 421 and Broad Street is a DOT project. With no further business to discuss, a motion was made by Council Member Barfield and seconded by Council Member McLean to adjourn the meeting at 8:52 p.m. Motion n nimously a prelv9d . G1TY OF '' � p � scazN. Ham G • •'. �` ay or Attest: GORPOggT�: Z Debra G. West 0'. `SEAL City Clerk ; 9r' ••....•• '�NQ y CAROB'