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04032003953 MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Regular Meeting on Thursday, April 3, 2003, at 7:00 p.m. in the Dunn Municipal Building. Present was Mayor Pro -Tem Michael Womble, Council Members Toby Sumner, George Robinson, Joey Tart, Donnie Olds and Paul Bass. Also present was City Manager Michael Uskiewicz, Public Works Director Ronnie Autry, Public Utilities Director Joseph Campbell, Human Resources /Safety Officer Moses Gallion, Recreation Director Perry Hudson, Chief Building Inspector Shane Hudson, Fire Chief Austin Tew, Police Chief Timothy Benware, Captain Morry Denning, Captain Ronnie Radcliffe, Finance Director Renee' Daughtry, City Engineer Ed Powell, City Attorney P. Tilghman Pope, City Clerk Debra West, and Daily Record Reporter Lisa Farmer. Mayor Oudeh was absent, out of Town. Mayor Pro -Tem Michael Womble presided in place of the Mayor. INVOCATION Mayor Pro -Tem Womble opened the meeting at 7:03 p.m. and asked Joey Tart to give the invocation. Afterwards, the pledge of allegiance was repeated. PRESENTATIONS VOLUNTEER FIREMEN SERVICE AWARDS Mayor Pro -Tem Womble recognized the following volunteer firemen for their years of service and presented each with a plaque of appreciation: Kenny Tyndall — 20 years Marshall Hinson — 27 years Donnie Tew - 20 years Jeff Beasley (unable to attend) — 28 years Ricky Hedgepeth (unable to attend)— 20 years Boyd Barefoot — 42 years Robbie Stanley (unable to attend) — 20 years CONSENT ITEMS Mayor Pro -Tem Womble asked if there were any consent items that Council wished to pull for further discussion. Mayor Pro -Tem Womble pulled item #4 (Budget Amendments). The following consent items were considered by Council. Minutes - Council considered approval of minutes of the March 6, 2003 meeting. Minutes - Council considered approval of the Special Call March 20, 2003 meeting. Tax Releases/Refunds- Council considered approval of Tax Releases/Refunds #78488 (Tax Releases/Refunds are on file in the Finance Office) Mowing Agreement- DOT - Council considered approval of a mowing agreement between the NC Department of Transportation and the City of Dunn for mowing right -of -ways within the City Limits. (Copy of Agreement filed in Clerk's Office) Proclamation - Council considered approval of a Proclamation which designates April 21 -May 5, 2003 as "Litter Sweep" in North Carolina. (Attachment #1) Resolution - Council considered approval of a Resolution in Support of Our Troops (Attachment #2) Resolution - Council considered approval of a Resolution for Local Government Issues (Attachment #3) Bid Approval- Council considered approval of a bid received in the amount of $1,555.55 for (1) surplus 1971 Mack fire truck. Personnel Policy Amendment- Council considered approval of a Personnel Policy Amendment to Section 13. Sick Leave: Accrual Rate and Accumulation to include: Any fy4 -.Ikm loyee with the City of Dunn may convert the actual unused accrued amount of sick time to4le'ir y,'e"Ae for service credit for the purpose of retirement with the City of Dunn. ,% �1 Banking Services - Council considered approval of awarding .th@tCity'of DunnP1 ngeervices to RBC Centura for a period of three (3) years beginning July 1, 2003: .y •°' Motion by Council Member Bass, seconded by Council Member Robins6n to ap p' LC I consent items with the exception of Item #4 (Budget Amendments). Motion unan imously ap w ; e¢' , , e Council Member Olds asked Mayor Pro -Tem Womble about two items thud`"ere tabled during the last Council meeting. Mayor Pro -Tem Womble responded they would address these issues under Items for Decision. 954 Concerning Item #4 Budget Amendment #46, Mayor Pro -Tem Womble questioned the increase for worker's compensation. Manager Uskiewicz asked Finance Director Renee' Daughtry to explain the worker's compensation adjustment. Ms. Daughtry stepped forward and stated that the anticipation of an increase in worker's compensation has been brought up several times during the year, but they were waiting for the final amount before submitting a budget amendment. Mayor Pro-Tern Womble asked Ms. Daughtry if wages changed or if experience modification changed. Ms. Daughtry responded she thought it was experience modification, but this was handled by Administration. Manager Uskiewicz pointed out to the Council that the City received some unanticipated revenue, which will be covering this shortfall. Mayor Pro-Tern Womble asked if anyone knew why the modification changed so much under worker's compensation. Human Resources Officer Moses Gallion stepped forward and gave a situation of an employee that has been under worker's compensation since the year 2000. He added that although accidents have been reduced, the cost for worker's compensation still escalates. Concerning Item #4 Budget Amendment #47, Mayor Pro-Tern Womble asked Manager Uskiewicz if the funds received from the Division of Community Assistance has to be applied against new expenditures. Manager Uskiewicz responded they want to resurface streets with this reimbursement. Finance Director Renee' Daughtry stepped forward and stated she spoke with the housing authority that handles these revenues. She added this was money from a block grant during 1995 -1997. She further stated that she was advised by the housing authority, that under certain grants, the money had to be used in low to moderate income neighborhoods, but since it is less than $25,000.00, it can be used at the discretion of the City. Mayor Pro-Tem. Womble asked Ms. Daughtry why not use these funds to go back in the fund balance to reduce the City's deficit rather that appropriate it for new expenditures? Ms. Daughtry responded that she was led to believe that the money would need to be appropriated, but she can verify this and bring it back before the Council. She further stated that she was informed with this particular grant, the City would be allowed to spend the funds since is was less than $25,000.00, however, in other grants, if money is received, it must be spent in moderate to low income neighborhoods or be given back to the state. Motion by Mayor Pro -Tem Womble, seconded by Council Member Tart to approve all budget amendments ( #46, #48, 449) with the exception of budget amendment 447 in the amount of $12,582.68 (Resurfacing Streets w /reimbursement from Community Development Block Grant Funds) Motion unanimously approved. (Attachment #4) ITEMS FOR DECISION ELECTION FILING FEES Mayor Pro -Tem Womble stated that pursuant to N.C.G.S. 163 -294.2 (e), the filing fees for municipal elections must be set by the governing body no later than the day before candidates are permitted to begin filing notices of candidacy. He added that the Harnett County Board of Elections office has requested that the filing fees be submitted to them as soon as possible. He further stated that the governing board shall have the authority to set the filing fee at not less than five dollars ($5.00) nor more than one percent (1 0 /6) of the annual salary of the office sought. Mayor Pro -Tem Womble stated that the filing fees in 1999 were $27.00 for council members and $42.00 for Mayor. Motion by Council member Olds, seconded by Council Member Sumner to adopt 2003 election filing fees as follows: Council Member - $27.00, Mayor - $42.00. Motion unanimously approved. RESOLUTION WASTEWATER PROJECT Manager Pro -Tem Womble yielded to City Manager Uskiewicz to explain the Wastewater Project Resolution. Manager Uskiewicz stated that before Council tonight is a re- application of a grant that was submitted last year and approved by this board. He added that the previous grant was approved, however, the local match was a hardship at the time. He further stated that the amount of the grant the City is now seeking, has been increased and they are trying to secure this money again in order to attack inflow /infiltration problems. J Manager Uskiewicz stated that Council has received information which shows the City has severe problems and this is a step the City needs to take. He added that if the City is unable to secure the local match, the Council can deny the grant as before. He further stated that during the last quarter, spillage has occurred with regard to sewage in the Black River, and this is a step toward addressing this situation. Motion by Council Member Sumner, seconded by Council Member Robinson to adopt the Wastewater Project Authorization Resolution to address the inflow /infiltration problems authorizing the Mayor to execute and file an application on behalf of the City of Dunn with the NCREDC (Rural Center) for a grant to assist in the project described as Eastside force main and Juniper Creek Outfall Improvements. Motion unanimously approved. (Attachment #5) 955 SALE OF WATER CONTRACT Mayor Pro -Tern Womble stated that the Council is being asked to adopt and authorize entering into a water sale agreement with the Town of Erwin for the purpose of selling water to the Town. He yielded to City Attorney Pope to explain this agreement. Attorney Pope stated he previously forwarded to the Council, a water purchase contract, which has been negotiated by himself, City Manager Uskiewicz and the Town of Erwin's Manager and Attorney. He added the essential terms of the agreement are as follows: • The Town of Erwin will purchase from the City of Dunn a minimum of three million gallons of water per month (shall be no carry over from month to month for unused water) for a period of seven years. • The City of Dunn will be allowed to service an area of land presently located within the Town limits of Erwin, generally defined as Saint Matthews Road, coming into the Southbound lane from Highway 421 just past Super Wal -Mart Center traveling North. Extend an imaginary line off of Saint Matthews Road as it enters Highway 421 across the properties to the next paved road, everything below that line for a fifteen year time period including any businesses or industries that locates in that area, will be provided water by the City of Dunn and any business which locates in that area will pay applicable impact fees to the City of Dunn. Attorney Pope stated that if Council had any questions concerning any other provisions, he will discuss it. Council Member Tart asked Attorney Pope if the Town of Erwin will be responsible for installing appropriate meters. Attorney Pope responded that Erwin is responsible for all cost of metering equipment, maintaining it, and calibrating it. He added that with this contract, there is no cost to the City of Dunn. Manager Uskiewicz stated the only exception is that the City of Dunn will be metering Lowe's Home Improvements. Council Member Olds questioned that the contract has no provisions for an unexpected natural disaster. He added if a situation was created, whereby, Erwin would not need this amount of water anymore, there is no provision for Erwin to get out of the contract. Attorney Pope stated that is correct and the only way Erwin would not have to pay for a minimum of three million gallons of water per month is under two conditions contained in Article III under Term of the Contract. They are: • The City of Dunn would get the right for fifteen (15) years to service the entire area as described. • After seven years, Erwin would no longer be required to purchase three (3) million gallons of water per month, although they may do so with the agreement, or should they no longer be in the business of selling water to anyone, they would no longer have to purchase from the City of Dunn. Attorney Pope stated that with the two exceptions, unless this Council or a future Council relieves Erwin of r^ their obligation to purchase water, they will be under a continual obligation to purchase water on a monthly basis. Mayor Pro -Tern Womble stated that Council talked about the price Erwin will pay for the standard municipal bulk sale. He added that under Item 2c of the contract that addresses the delivery of water to the other businesses that would be directly serviced by Dunn, it does not specify that it would be in accordance to our established retail rates and the only price mentioned is a bulk rate, which would clearly not apply to those retail customers. He further stated it would be appropriate in that section, to include something to the effect that the cost of that water would be in accordance with the established rates. Attorney Pope stated that supplying water to any other businesses or industries that locate within that area is a separate matter between the City of Dunn and that business, and is in no way, relative between the Town of Erwin and the City of Dunn. He added that this contract merely says that the Town of Erwin acknowledges that this is within their municipal limits and they are going to concede the rights to the City of Dunn to provide that water, so that would be a separate agreement between the City of Dunn and businesses locating in that area. Motion by Council Member Tart, seconded by Council Member Bass to approve the contract authorizing the sale of water to the Town of Erwin. Motion Unanimously Approved. (Contract filed in Clerk's Office) SOLID WASTE CONTRACT EXTENSION Mayor Pro -Tern Womble yielded to City Manager Uskiewicz to explain the solid waste contract extension Manager Uskiewicz stated that before Council tonight is an agreement to enter into a one year extension ) with Republic Waste Services for pickup and disposal of garbage within the City of Dunn. He added that research has been done with regard to available services and competition and the time is not right to place it out for bid. He further stated that Republic Waste has submitted a very low cost of living adjustment of 1.5% which still falls within the budget amount established for this year and for next year. Council Member Robinson questioned if this is fair to other contractors who may want to submit a bid. Manager Uskiewicz stated that his finding was this is the most cost effective for the City and to the residents. Manager Uskiewicz asked Public Works Director Ronnie Autry to step forward. Mr. Autry stated that he was approached by Republic Waste to look into the possibility of extending their contract for a three (3) year period, which is available under the existing contract. He added that he advised 956 Republic that a three (3) year extension would not be considered. He further stated that there is an option to bid or extend the contract, which ends June 30, 2003. Mr. Autry stated that with the present economy, fuel cost, and only a 1.5% increase, he felt the one (1) year extension was the best option at this time. Further discussion was held about the wording in the renewal contract, concern about businesses in town contracting outside Republic for waste removal, and the possibility of the City receiving higher quotes for waste removal should they receive bids at this time. Motion by Council Member Olds, seconded by Council Member Sumner to approve a one year extension agreement for residential waste collection and disposal between the City of Dunn and Republic Waste Services with the condition that the sentence in the renewal agreement which reads "Disposal fees for providing this service are to be paid by the City" be deleted. Motion unanimously approved. / (Attachment #6) BULLETPROOF VEST PARTNERSHIP GRANT Mayor Pro -Tem Womble yielded to Captain Morry Denning to explain this grant Captain Denning stepped forward and stated this is a yearly grant offered by the Federal Government. He added that this grant pays 50% of the money back on the purchase price of vests. Motion by Council Member Tart, seconded by Council Member Robinson to approve the purchase of eight (8) bulletproof vest through the bulletproof vest partnership grant program at a cost of $2,495.00. Motion unanimously approved. Motion by Council Member Olds, seconded by Council Member Bass to approve budget amendment #45 (to appropriate grant funds to be received under the Bulletproof Vest Partnership Program). Motion unanimously approved. (Attachment #7) PATROL CAR REPLACEMENT Mayor Pro -Tem Womble yielded to Captain Morry Denning to explain the patrol car replacement Captain Denning explained that Police Vehicle 434 (1997 Ford Taurus) was involved in an accident on December 16, 2002. He added that the police vehicle was not at fault and the other driver's insurance company with a value of $5,766.65 totaled the car. He further stated that replacement cost will be approximately $6,000.00. Motion by Council Member Sumner, seconded by Council Member Olds to authorize the purchase of a Patrol Car Replacement in the amount of approximately $6,000.00 through state surplus and approve budget amendment 443. Motion unanimously approved. (Attachment #8) AUTHORIZATION TO CONSTRUCT POLICE MEMORIAL Mayor Pro -Tem Womble yielded to Captain Ronnie Radcliffe to explain the authorization to construct a police memorial. Captain Radcliffe explained that this request is to place a memorial in front of City Hall on the concrete area just north of the Veterans monument at no cost to the City. He added that NC Marble will donate their labor and will help with a fundraiser to pay for material. He further stated that the monument proposed will be for those officers, rescue and fire personnel slain in the line of duty. He stated that the monument proposed will be approximately forty-eight inches tall and Council will have final approval of the design. Motion by Council Member Robinson, seconded by Council Member Bass to adopt the concept and authorize the Police Department to conduct a fundraiser to construct a police memorial. Motion unanimously approved. K -9 UNIT PURCHASE City Manager Uskiewicz asked Captain Racliffe to explain the K -9 unit purchase l' Captain Radcliffe stated that a few months ago, the Police Department retired a K -9 unit. He added that an ✓ opportunity came along for a Police Officer to go to school at no cost and a chance to purchase a K -9 unit from the Netherlands for $1900.00. He further stated that during a three (3) week period, Officers Jeff Williams and Johnny Jackson raised $3600.00 in donations toward purchasing a K -9 unit. Captain Radcliffe stated that Council is being asked to allow this money, donated by businessmen in town, be used to purchase a K -9 unit. Motion by Council Member Sumner, seconded by Council Member Tart to authorize the purchase of a K -9 unit and approve budget amendment #44. Motion unanimously approved. (Attachment #9) 957 CHANGE MEETING DATE -MAY Motion by Council Member Bass, seconded by Council Member Robinson to change the May Council meeting date from May 1" to May 6, 2003 at 7:00 p.m. Motion unanimously approved. Motion by Council Member Tart, seconded by Council Member Robinson to add to the agenda an Executive Session, and two (2) tabled items from the April 3, 2003 Council Meeting. Motion unanimously approved. DEMOLITION OF HOUSE 909'/ NORTH WILSON AVENUE This item was tabled at the March 3, 2003 meeting. Manager Uskiewicz stated that the property owner has complied by taking the house down. He added that Public Works has cleared the lot and that it is why this issue was not on the printed agenda. He further stated no further action is required since the property has been cleaned up. COUNCIL MEMBER ROBINSON PATROLLING BUSINESS & RESIDENTIAL DISTRICTS This item was tabled at the March 3, 2003 meeting but was discussed during the March 20 Special Call Council Meeting. Council Member Robinson read a letter apologizing to anyone he may have offended. He explained that on March 20, 2003, he spoke about the lack of police patrol in town. He didn't expect the reactions received from the comments made by himself, Council Member Olds and Bass. He exressed concern about a Police Officer from the Police Department not being present at the March 20 council meeting. He stated that as long as he can remember, a Police Officer has always been present at the Council meetings. He added that he stood firm on his belief that business and residential areas need to be patrolled. He further stated he is willing to meet with Police Chief Benware anytime. Manager Uskiewicz stated that the reason no police officers were at the last Council meeting is because police officers had no business on the agenda and he excused them from attending the meeting. He added there are some comp time issues he is concerned with and he has.brought up in department head meetings, that if a department head does not have an item on the agenda, they do not need to be at the meeting unless asked and that is why the officers were excused from attending the last meeting. Council Member Robinson stated that a police officer should be present at each Council meeting for safety reasons. Council Member Bass agreed that an officer should be present at each Council meeting. Council Member Robinson asked Council to allow a citizen to address the Council. Motion by Council Member Bass, seconded by Council Member Robinson to add to the agenda public comment from a citizen concerned about problems in his neighborhood. Motion unanimously approved. MR ERNEST EASON 306 W. GREENWOOD STREET Mr. Ernest Eason of 306 W. Greenwood Street stepped forward and stated that he and his wife are very concerned about speeding traffic in this area, particularly on this street. He added that he is asking that policing be done in this area. He also named the following other areas he had concerns with: 900 block S. Fayetteville Ave. to Dunbar Foods, 800"' block S. King Ave. to Dunbar Foods, 800 block S. Layton Ave. to Dunbar Foods, 800 — 1000' block S. McKay Ave. (McKay Courts project -No pedestrian signs are up for the children). Mr. Eason stated that he has talked with concerned parents and grandparents. He asked that the Police Department police this area. He recognized that the Mayor had been out to Greenwood Street, but stated that this problem exists in the entire vicinity of Greenwood Street. He asked that pedestrian signs, speed bumps, and children at play signs be installed. Mayor Pro -Tem Womble encouraged Mr. Eason to speak with Police Chief Benware about this situation. Council Member Bass stated that he has been out to this area and also encouraged Mr. Eason to set a date with Chief Benware to look at this area. Council Member Robinson asked Mr. Eason if Dunbar Food trucks travel thru this area. Mr. Eason stated the trucks travel down Fayetteville Avenue to Greenwood Street. The Council thanked Mr. Eason for bringing this situation to their attention. 958 EXECUTIVE SESSION Motion by Council Member Olds, seconded by Council Member Tart that the City Council go into closed session pursuant to N. C. G. S. 143 - 318.11 to discuss pending litigation to preserve attorney client privilege at 8:13 p.m. Motion unanimously approved. Closed Session No action was taken during closed session. By unanimous consent, the closed session adjourned at 8:53 p.m. Motion by Council Member Bass, seconded by Council Member Robinson to approve the minutes taken by Attorney P. Tilghman Pope of the April 3, 2003 Closed Session. Motion unanimously approved. Mayor Pro -Tem Womble reconvened the regular Council meeting at 8:55 p.m. Mayor Pro -Tem Womble asked Council if there were any reports they wished to pull for further discussion. With no further discussion, the following burial rights were executed: 1. Thelma Smith Wilson and her heirs, Block 13, Lot 58, Space 8, Resthaven Cemetery. 2. Roxie Mae Worney and her heirs, Block 15, Lot 39, Space 6, Resthaven Cemetery. 3. Roxie Mae Worney and her heirs, Block 13, Lot 58, Space 2, Resthaven Cemetery. 4. Mary R. McEachin and her heirs, Block 11, Lot 67, Space 8, Resthaven Cemetery. 5. Mabel Robinson and her heirs, Block 11, Lot 67, Space 4, Resthaven Cemetery. With no further business to discuss, the meeting was adjourned at 8:56 p.m. /o Michael Opp 2 ' Mayor Pro - '9 Z ' d' FA6 Attest: .0% ,9 l� '� •P "Q �'•�CAR04,N •.•. Debra G. West City Clerk