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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: 1029 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 %. 1030 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. 1031 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. 1032 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. 1033 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 Attest: / I a A'L0 'Y' Wx �rHn urr ..`� t;1TY Op .rGaAPOR, 22': y °•. SEAT. •9;y \80`'� ' Dal Snipes Mayor i