010820041028
MIN UTES
CITY OF DUNN
DUNN, NORTH CAROLINA
The City Council of the City of Dunn held a Regular Meeting on Thursday, January 8, 2004, at 7:00
p.m. in the Dunn Municipal Building. Present was Mayor J. Dal Snipes, Mayor Pro -Tem Donnie
Olds, Council Members Buddy Maness, Bryan Galbreath, Billy Tart, Billy R. Godwin, Jr. and Joey
Tart. Also present was City Manager Michael Uskiewicz, Assistant City Manager/Public Works
Director Ronnie Autry, Human Resources /Safety Officer Moses Gallion, Recreation Director Perry
Hudson, Librarian Deborah Melvin, Finance Director Renee' Daughtry, Police Captain Morry
Denning, Fire Chief Austin Tew, City Engineer Ed Powell, City P. Tilghman Pope, City
Clerk Debra West, and Daily Record Reporter Lisa Farmer.
INVOCATION
Mayor Snipes opened the meeting at 7:00 p.m. and asked Billy. Tart to give the invocation. Afterwards, the
pledge of allegiance was repeated.
PRESENTATION
GFOA (Government Finance Officer's Association) AWARD
Mayor Snipes presented the Finance Department a Certificate of Achievement for Excellence Award for its
comprehensive annual financial report for the year ended June 30, 2003. Recognized were Finance Director
Renee' Daughtry, City Accountant Debbie Williams, Tax Collector Shannon Surles, Customer Service
Representative Pam Snead, Utility Services Specialist Fatty Page and Accounts Payable Donald Addison.
Mayor Snipes closed the regular meeting and opened public hearings at 7:03 p.m
PUBLIC HEARINGS
STREET CLOSING
COOKE STREET FROM RAILROAD R -O -W TO SOUTH CLINTON AVE.
The public has been notified that oral and written comments will be heard and received concerning the
request by property owners Lester Phillips and Sam Altman to close Cooke Street from railroad right of
way to S. Clinton Ave.
The public hearing was duly advertised on December 16, 2003, December 23, 2003, December 30, 2003
and January 6, 2004.
Mayor Snipes asked if there was anyone present to speak for or against this street closing. Hearing none,
he closed the public hearing in reference to same.
PRELIMINARY ASSESSMENT RESOLUTION
HIGHWAY 421 WIDENING PROJECT
The public, has been notified that oral and written comments will be heard and received with respect to any
matter covered by the preliminary assessment resoluticn adopted by the Dunn City Council on December
10, 2003, for the proposed street improvement project on NC Highway 421 beginning at its intersection
with NC Highway 55 and extending eastwardly approximately 2800 feet.
The Certificate showing that preliminary resolutions were mailed to owners of all property subject to
assessment is included as well as a copy of the preliminary assessment resolution.
The public hearing was duly advertised on December 26, 2003.
Mayor Snipes yielded to City Manager Uskiewicz.
Mr. Uskiewicz explained how the affected properties will be assessed. He showed a sketch of the area and
made the public aware that this project was let for bid. He advised that the property owners were given a
project cost of $543,000 although the lowest of the three bids received was $699,000. He stated that
discussions have taken place to try to adjust the low bid downward, but this was unsuccessful. He added
that at the February 5 meeting, the Council will be <sked to reject all of the bids received. He further
stated that the bid specs will be modified in an effort to come up with a better price.
Mr. Uskiewicz explained that at the direction of the acting attorney for the City, Mr. Cecil `Bo" Jones, the
council will be asked to add an item to the agenda tonight, which will adopt a resolution directing that the
project be undertaken. He stated that although this project will be delayed, it will not affect the opening of
the new Cracker Barrel and Food Lion.
Mayor Snipes asked if there was anyone present to speak for or against this preliminary assessment
resolution. Hearing none, he closed the public hearing in reference to same.
BOND ORDER
GENERAL OBLIGATION BOND REFUNDING
Mayor Snipes yielded to City Clerk Debra West as she read the following statement:
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A public hearing on the bond order for the General Obligation Bond Refunding was called by the City
Council at its December 10, 2003 meeting and the notice of the public hearing was published on December
30,2003.
Mayor Snipes asked if there was anyone present to speak for or against this bond order. Hearing none, he
closed the public hearings and reconvened the regular Council meeting at 7:08 p.m.
CONSENT ITEMS
Mayor Snipes asked if there were any consent items that Council wished to pull for further discussion
Council Member Godwin made the following amendment to the December 10, 2003 minutes:
Page 7 — Next to the last Paragraph: The paragraph should read as follows: "Council Member
Godwin responded they are not making that determination at all. He added that they are deleting
item (a) from the motion currently on the table, in that this particular requirement is being deleted
all together, so they are not addressing it." (adding the words item (g) from in the second sentence)
With this amendment, Council Member Godwin motioned to approve all consent items, seconded by
Council Member Billy Tart. Motion unanimously approved.
Consent items approved:
Minutes - Council considered approval of minutes of the December 4, 2003 meeting.
Minutes - Council considered approval of minutes of the December 10, 2003 special call meeting.
Tax Releases/Refunds- Council considered approval of Tax Releases/Refunds #131 -161. Tax
Releases/Refunds are filed in the office of the Tax Collector.
Board Appointment - Council considered approval to appoint Mr. George Williams as liason to represent the
City of Dunn Library on the Harnett County Public Library Board of Trustees with a term ending January
1, 2007.
ITEMS FOR DECISION
AUDIT REPORT
FY 2002 -2003
Mr. Joe Giles of Giles, Strickland and Associates, Certified Public Accountants, came forward to give the
Council a summary of the FY 2002 -2003 Audit. He stated that the City of Dunn 9th received the
Certificate of Achievement for Excellence in Financial Reporting award for the 9 year, noting that it is
almost unheard of for a town the size of Dunn. He congratulated the Finance Director and her staff in
receiving this award and recognized them for the outstanding job they do.
He gave the following statistics:
Fund Balance
Yr.1998
49.35% of Expenditures
$3.229 million
1999
52.58% of Expenditures
$3.225 million
2000
46.95% of Expenditures
$3.44 million
2001
36.31% of Expenditures
$2.63 million
2002
26.76% of Expenditures
$1.7 million
2003
33.62% of Expenditures
$2.086 million
He pointed out the significant fund balance increase from year 2002 to year 2003. He attributed the fund
balance increase to such items as an increase in assessed property valuations, cutting back on expenditures
and cutting capital outlay expenditures.
He stated that the fund balance in the water and sewer fund is healthy and it is important to keep the
retained earnings number from going downward. He added that the increased assessed property valuations
and maintaining the tax rate is a major part of keeping the fund balance growing.
He stated that the one major reason to maintain a strong fund balance is to provide cash flow in cases of
emergencies, such as a hurricane. Cities must have cash flow on hand to provide clean-up, etc. in these
cases. Also he noted that when the state withholds funds, cities use fund balance to operate.
He explained the uses of local option sales tax money, franchise taxes, restricted intergovernmental
revenues, and powell bill funds.
He reported that with the average 4.9% water and sewer rate increase that was implemented in the 03 -04
budget, the city should yield an increase in revenue of approximately $300,000. He suggested that water
and sewer rates be increased in smaller implements yearly, avoiding larger rate increases.
He reported that the financial condition of the City overall is excellent. He pointed out that the ad valorem
taxes make up 36.95% of the City's revenue.
In referring to this year's tax levy, he commended the City in collecting 98.66 %.
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Motion by Mayor Pro -Tern Olds, seconded by Council Member Joey Tart to accept the audit report as
presented. Motion unanimously approved.
STREET CLOSING
COOKE STREET FROM RAILROAD R -O -W
TO SOUTH CLINTON AVENUE
At the December 10, 2003 council meeting, a resolution of intent was adopted to consider closing Cooke
Street from railroad right of way to S. Clinton Avenue.
Mayor Snipes stated that the public hearing was held tonight, however, the property owners have
withdrawn their request for this street closure.
No action to take in this matter.
BOND ORDER ADOPTION
A public hearing was held tonight with reference to adopting the bond order introduced at the December
10, 2003 council meeting.
Mayor Snipes asked for a motion.
Motion by Council Member Joey Tart, seconded by Mayor Pro -Tern Donnie Olds, to adopt without change
or amendment, and direct the City Clerk to publish a notice of adoption as prescribed by the Local
Government Bond Act, the bond order titled, "Bond Order Authorizing the Issuance of Not to Exceed
$3,000,000 General Obligation Refunding Bonds of the City of Dunn, North Carolina ", which was
introduced at the meeting of the City Council held on December 10, 2003. Motion unanimously
approved. A copy of this bond order adoption authorizing the issuance of not to exceed $3,000,000
General Obligation Refunding Bonds of the City of Dunn, NC is incorporated into these minutes as
Attachment # 1.
RESOLUTION
AUTHORIZING ISSUANCE OF BONDS
Mayor Snipes read by title:
A resolution of the City Council of the City of Dunn, North Carolina, authorizing the issuance of not to
exceed $3,000,000 General Obligation Refunding Bonds, Series 2004 is attached for Council consideration.
Motion by Council Member Joey Tart, seconded by Council Member Buddy Maness, to adopt the
resolution titled: "A Resolution of the City Council of the City of Dunn, North Carolina, authorizing the
issuance of not to exceed $3,000,000 General Obligation Refunding Bonds, Series 2004."
Motion unanimously approved. A copy of this Resolution (R2004-01) Authorizing Issuance ofnot to
exceed $3, 000, 000 General Obligation Refunding Bonds, Series 2004 is incorporated into these minutes as
Attachment #2.
POLICE GRANT AUTHORIZATION
Mayor Snipes yielded to City Manager Uskiewicz to explain this grant.
Mr. Uskiewicz stated that the Police Department is asking for authorization to apply for a grant through the
Governor's Crime Commission for (4) Mobile Data Computers ($9,500 each), docking stations, software
and installation. The City of Dunn's match would be $9,500 (25 %) and the federal request would be
$28,500 (75 0 /6). He added that if awarded this grant, it would impact the next fiscal year budget.
Motion by Council Member Godwin, seconded by Council Member Galbreath to authorize the application
for the Mobile Data Computer Grant. Motion unanimously approved.
2004 SCHEDULE OF
COUNCIL MEETING DATES
The following Council Meeting Dates were proposed for the year 2004 and January, 2005.
01 -08 -04 07 -01 -04
02 -05 -04 08 -05 -04
03 -04 -04 09 -02 -04
04 -01 -04 10 -07 -04
05 -06 -04 11 -04 -04
06 -03 -04 12 -02 -04
01 -06-05
Motion by Mayor Pro -Tern Olds, seconded by Council Member Galbreath to adopt the Council meeting
dates as presented. Motion unanimously approved.
TAXI CAB PERMIT APPROVAL
Mayor Snipes yielded to City Manager Uskiewicz.
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Mr. Uskiewicz stated that D' Carlo Taxi Cab had been sold to Mr. Wilfredo Zepeda. He added that Mr.
Zepeda's application is enclosed and meets all requirements. He asked for Council authorization to sign
the owner's permit.
The cab fare rate proposed by Mr. Zepeda was $1.9C per mile. City Ordinance allows up to $1.95 per mile.
Motion by Council Member Joey Tart, seconded by Council Member Billy Tart to authorize the issuance of
a taxicab permit for Mr. Wilfredo Zepeda (D'Carlo Taxicab). Motion unanimously approved.
COUNCIL COMMITTEE
APPOINTMENTS
The following Council committee appointments were made by Mayor Snipes:
Municipal Administration
Buddy Maness /Joey Tart
Library Board
Joey Tart
Public Works
Billy Tart
ABC Board
Bryan Galbreath
Police Department
Bryan Galbreath
Recreation Board/Senior Center
Billy R. Godwin, Jr./Buddy Maness
Fire Department
Dal Snipes
Housing Authority
Appointed at a later date
Council of Government
Dal Snipes
Planning Board
Donnie Olds
Local Government Association
All
Motion by Council Member Galbreath, seconded by Council Member Godwin to approve the committee
appointments as presented. Motion unanimously approved.
Mayor Snipes asked for a motion to add to the Agenda "Adoption of Resolution Directing That The
Highway 421 Project be Undertaken"
Motion by Council Member Godwin, seconded by Mayor Pro -Tem Olds to add above resolution to
the agenda. Motion unanimously approved.
ADOPTION OF RESOLUTION DIRECTING
THAT THE HIGHWAY 421 PROJECT
BE UNDERTAKEN
Mayor Snipes yielded to City Manager Uskiewicz.
Mr. Uskiewicz stated that it was the opinion of the acting attorney, Mr. Cecil "Be" Jones, that although the
bids for the Highway 421 project have not been accepted, it has no bearing on this matter and the Council
can still adopt the resolution proposed tonight.
Motion by Mayor Pro -Tem Olds, seconded by Council Member Joey Tart to adopt the resolution directing
that the Highway 421 project be undertaken. Motion unanimously approved. A copy of this Resolution
(2004 -02) Directing that the Highway 421 Project Be Undertaken is incorporated into these minutes as
Attachment #3.
ITEMS FOR DISCUSSION AND /OR DECISION
SUBLEASE AGREEMENT
HOPE MINISTRIES
Mayor Snipes yielded to Manager Uskiewicz to give a brief background about the Hope Ministries
Sublease Agreement.
Mr. Uskiewicz explained that the City of Dunn entered into a sublease agreement with Hope Ministries on
February 4, 1999 for the use of the old Harnett Primary School facility to operate a daycare center and soup
kitchen. He stated that the $1 per year lease will expire on February 29, 2004 and the agreement does not
authorize a renewal. He added that some department heads have expressed a need for additional space. He
further stated that this is being brought before the Council for their discussion and consideration.
The Council discussed such issues as: the potential uses the City would have for this building, condition of
the building and maintenance, vacant space not being used, other agencies placing a bid for spaces, sections
that need repair, meeting with the present occupant to come up with an updated lease agreement, charging
fair market rent and other questions for the City Manager to research and bring back before the Council.
The Council suggested that the City Manager bring back to the Council any needs that the Department
heads would have for this building and the costs incurred by the City to accomplish this as well as the
minimal fair market value and minimal terms that the City should consider in re- leasing to the current
tenant or another potential non -profit tenant.
The Council suggested that the City Manager contact the current tenant, Hope Ministries, and make them
aware of the expiring lease and also to let them know the City is considering their options. The Council
also discussed their option to lease on a month-to -month basis to the current tenant, since the information
they have requested could take some time to obtain.
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Motion by Mayor Pro -Tern Olds, seconded by Council Member Joey Tart to form a committee consisting
of the Mayor, City Manager, City Attorney and any other desinee to consider the options for this building
and to bring information back to the Council at the February 5 meeting. Motion unanimously approved.
Manager Uskiewicz reminded the Council that the only organization that can lease this building must fall
within the following criteria: public, governmental, charitable or education.
BUDGET RETREAT
Mayor Snipes stated that the Planning and Budget Retreat has been scheduled for February 7 -8, 2004. It
will be held at the Holiday Inn SunSpree Resort locatec at Wrightsville Beach, NC.
Manager Uskiewicz stated that facilitators from the Institute of Government will be secured and this
planning session will prioritize long -term and short-term goals of the City and how to accomplish them.
In referring to the agenda item "Ward Meetings ", Mayer Snipes stated that as a result of the ward meetings,
this information was compiled from those meetings, some ward specific and some city specific. He added
that they will address and prioritize these concerns durmg the retreat.
WEEDY LOTS
PAST DUE BILLS
Manager Uskiewicz yielded to City Attorney Pope to explain this issue.
Mr. Pope explained that there is a City ordinance relating to weedy lots wherein when a property owner's
grass is 12 inches or higher, a notice is sent to the property owner giving them an opportunity to cut the
grass and if not, the City cuts the lot and charges the property owner. He stated that state statutes allows
the city to enforce the fees imposed the same as unpaid taxes. He added that over the last (3) years the city
has billed property owners for cutting their lots, the bills have not been paid and they have not been added
to their tax bills. He further stated that the City cannot go back (3) years and add these bills to the present
year taxes.
Mr. Pope stated that they are proposing that the tax department start imposing these charges as part of the
tax bill for any weedy lot bills that have not been paid since the previous tax bills went out.
Mr. Pope asked for the Council's direction on enforcement of the unpaid weedy lot bills for the previous
(3) years since they cannot be attached to the tax bills. He also advised Council that there area few names
on the list which he would have a conflict of interest because tliey, are his clients.
Mayor Snipes asked for a motion to have the City Attorney, proceed with collecting this amount in excess
of $11,000.00. He added that they need to sehd'a inessage e CR3y is not in the charitable grass cutting
business.
Council Member Galbreath suggested a letter. be sent b? the City Attorney to each person on the list giving
them a (60) day time frame to comply with maldng,p4yment: 'City 44ttorney Pope agreed and stated that he
would recommend this being done before going'throbgh litigation;
,I:
Motion by Council Member Galbreath, seconded by Mayor Pro -Tem Olds to send a certified letter through
the City Attorney's office to attempt to collect the past due weedy lot bills with specifications allowing the
individual (60) days to comply with the letter. Motion unanimously approved.
WARD MEETINGS
This item was addressed under "Budget Retreat"
TRAFFIC LIGHT
POWELL & ASHE
Mayor Snipes stated that during the ward meetings, a petition came forward with approximately (75)
signatures requesting that a traffic light be installed at Powell and Ashe Avenue at the intersection going
into Gleneagles Subdivision.
Mr. Uskiewicz stated that he is asking for authorizatior. to write a letter to the Department of
Transportation asking that a study be done at this intersection for a traffic light as well as a reduction in
speed.
1
Motion by Council Member Billy Tart, seconded by M <ryor Pro -Tern Olds to send a formal letter to the
Department of Transportation requesting a study for a traffic fight and reduction of the speed limit at the
intersection of Powell and Ashe Avenue as well as researching the timing of the traffic light at Powell and
Cumberland. Motion unanimously approved.
ADMINISTRATIVE REPORTS
Motion by Mayor Pro-Tern Olds, seconded by Council Member Godwin to accept the reports as presented.
Motion unanimously approved.
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INFORMATION
Mayor Snipes yielded to the Council for any comments and/or que' tions.
Council Member Maness thanked the various department heads who have been so responsive to his
requests and quick actions on handling issues within his ward.
Council Member Galbreath commended all the offiz- -ers of the Police Department. He recently participated
in a ride -along program with some of the officers to give him an opportunity to see what they do in
protecting the city on a day -to -day basis.
Manager Uskiewicz reminded the Council of the upcoming 2004 Essentials of Municipal Government
School.
Mayor Snipes thanked Manager Uskiewicz, Humar_ Resource Officer Moses Gallion, Police Officers James
Thrower, David Register and Pat Cashwell for taking their time in leading (22) community service workers
to clean up the City on Saturday, December 13, 2003 .
Mayor Snipes reminded the council of the Chamber Banquet on Thursday night, January 15, 2004.
With no further discussion, the following burial rights were executed:
1. Margaret J. Banaszak and her heirs, Block 0, Lot 3, Space 7, Greenwood Cemetery.
2. Dorothy Smith and her heirs, Block 11, Lot 1, Space 8, Resthaven Cemetery.
3. Dafford Funeral Home and their heirs, Block 13, Lot 55, Space 7, Resthaven Cemetery.
4. Dafford Funeral Home and their heirs, Block 11, Lot 20, Space 1, Resthaven Cemetery.
5. Dafford Funeral Home and their heirs, Block 11, Lot 1, Space 7, Resthaven Cemetery.
6. Margaret Stewart Banaszak and her heirs, Block 0, Lot 3, Space 4, Greenwood Cemetery.
7. Dorothy J. Smith and her heirs, Block 15, Lot 3, Space 1, Resthaven Cemetery.
8. Renae Lindsey and her heirs, Block 15, Let 10, Space 6, Resthaven Cemetery.
9. Judy Smith and her heirs, Block 11, Lot 66, Spaces 5 -6, Resthaven Cemetery.
10. Jerry West and his heirs, Block AA, Lot 11, Spaces 1 -2, Greenwood Cemetery.
11. Skinner & Smith Funeral Home and their heirs, Block BB, Lot 20, Spaces 3 -4, Memorial
Cemetery.
With no further business to discuss, the meeting wEs adjourned at 8:30 p.m.
Debra G. West
City Clerk
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