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070120041081 MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Regalar Meeting on Thursday, July 1, 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, Building Inspector Mike Blackmon, City Planner Julie Reid, Recreation Director PerTy, Hudson, Police Chief Tim Benware, Fire Chief Austin Tew, City Engineer Ed Powell, CityAA'Rorney .'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 that everyone stand for a period of silent prayer in honor of the former Mayor Ralph Barefoot, who passed away. Mayor Snipes informed the council of the former Mayor's funeral arrangements. He stated that Mr. Barefoot served Y ry dasMa r of Dunn from 1983 — Mayor 1987 and served on the City Council prior to that. Afterwards, the pledge of allegiance was repeated. Mayor Snipes closed the regular meeting and opened public hearings at 7:04 p.m. PUBLIC HEARINGS REZONING REQUEST DONALD AND EVON MORRISON PIN #1516 -76- 5566,1516 -76 -6504, AND 1516 -76 -6560 CODE AMENDMENTS TO ZONING ORDINANCE CHAPTER 22 a. DIVISION 5A- SECTION 22 -131 TO SECTION 22 -140 PROPOSED AGRICULTURAL DISTRICT In reference to the two public hearings listed above, Mayor Snipes stated that these public hearings have been properly advertised by council, however, due to an error in advertising for the Planning Board, these public hearings will be continued at the August 5, 2004 council meeting. Mayor Snipes asked if there was anyone present to speak for or against the rezoning request by Donald and Evon Morrison or the code amendments. Hearing none, he closed the public hearing in reference to same. DEMOLITION OF HOUSE 1008 S. LAYTON AVENUE Mayor Snipes stated that the public has been notified that oral and written comments will be heard and received concerning the demolition of the dwelling owned by Annie Pearl McNeil and located at 1008 S. Layton Avenue. He added that the public hearing was duly advertised on June 15, 2004 and June 22, 2004. Mayor Snipes asked if there was anyone present to speak for or against the demolition of this structure. Hearing none, he closed the public hearing in reference to same. DEMOLITION OF HOUSE 300 WEST HARNETT STREET Mayor Snipes stated that the public has been notified that oral and written comments will be heard and received concerning the demolition of the dwelling owned by Elywn Dudley and located at 300 W. Harnett Street. The public hearing was duly advertised on June 15, 2004 and June 22, 2004 Mayor Snipes asked if there was anyone present to speak for or against the demolition of this structure. Hearing none, he closed the public hearing in reference to same. DEMOLITION OF HOUSE f 802 EAST EDGERTON STREET Mayor Snipes stated that the public has been notified that oral and written comments will be heard and received concerning the demolition of the dwelling owned by Henry L. Smith, Jr. and located at 802 E. Edgerton Street. He added that the public hearing was duly advertised on June 15, 2004 and June 22, 2004. Mayor Snipes asked if there was anyone present to speak for or against the demolition of this structure. Hearing none, motion by Council Member Joey Tart, seconded by Mayor Pro -tern Donnie Olds to close public hearings and reconvene the regular council meeting at 7:06 p.m. Motion unanimously approved. CONSENT ITEMS Mayor Snipes asked if there were any consent items that Council wished to pull for further discussion. 11111 -M Item 9104pproval of Fees pulled by Council Member Godwin and placed under "Items for Decision". Item #11 Approval of Policy Revisions pulled by Council Member Joey Tart and placed under "Items for Decision ". The following consent items were considered by Council: Minutes - Council considered approval of minutes of the June 3, 2004 meeting. Minutes- Council considered approval of minutes of the June 15, 2004 Special Call meeting. Tax Releases/Refunds- Council considered approval of Tax Releases/Refunds #1874194. Tax Releases/Refunds are filed in the ofce of the Tax Collector. Assessment Releases/Refunds- Council considered approval of Assessment Releases/Refunds #02. Assessment Releases/Refunds are filed in the office of the Tax Collector. Firemen's Local Relief Fund Board of Trustees Appointment — Council considered approving appointment of Boyd Barefoot and Richard Hedgepeth to the Firemen's Local Relief Fund Board of Trustees for FY 2004 -05. Motion by Mayor Pro -tern Olds, seconded by Council Member Billy Tart to approve above consent items with exception of #10 Approval of Fees and #11 Approval of Policy Revisions. Motion unanimously approved. ITEMS FOR DECISION DEMOLITION OF HOUSE 1008 S. LAYTON AVENUE Manager Uskiewicz stated that before Council tonight is an ordinance to demolish the structure located at 1008 S. Layton Avenue. He added that Building Inspector Mike Blackmon was present should council have any comments or questions with regard to the demolition of this structure. Motion by Council Member Maness, seconded by Council Member Galbreath to approve the ordinance directing the Building Inspector to remove or demolish the structure at 1008 S. Layton Avenue. Motion unanimously approved. A copy ofthis Ordinance (02004 -20) Directing the Building Inspector to remove /demolish the structure located at 1008 S. Layton Avenue is incorporated into these minutes as Attachment #1. DEMOLIITION OF HOUSE 300 W. HARNETT STREET Mayor Snipes entertained a motion to adopt an ordinance to demolish the structure located at 300 W. Harnett Street. Motion by Council Member Galbreath, seconded by Mayor Pro -tem Olds to approve the ordinance directing the Building Inspector to remove or demolish the structure at 300 W. Harnett Street. Motion unanimously approved. A copy of this Ordinance (02004 -21) Directing the Building Inspector to remove /demolish the structure located at 300 W. Harnett Street is incorporated into these minutes as Attachment #2. DEMOLIITION OF HOUSE 802 E. EDGERTON STREET Mayor Snipes entertained a motion to adopt an ordinance to demolish the structure located at 802 E. Edgerton Street. Motion by Council Member Godwin, seconded by Council Member Maness to approve the ordinance directing the Building Inspector to remove or demolish the structure at 802 E. Edgerton Street. Motion unanimously approved. A copy of this Ordinance (02004 -22) Directing the Building Inspector to j remove /demolish the structure located at 802 E. Edgerton Street is incorporated into these minutes as Attachment #3. Mayor Pro -tem Olds posed a question that if a citizen wanted to bring one of these structures up to code, would they be allowed to accomplish that. Discussion was held about the council's desire to see property owners rehab these houses, when possible, instead of demolishing them. Building Inspector Mike Blackmon explained the process that is used to demolish these structures. The process to demolish can take several months and all interested parties are notified prior to demolition. Mr. Blackmon stated that the owners have the right to appeal to the council for additional time to bring these structures up to code. He added that based upon his conversations with most of the council, the primary intent is to have these dwellings fixed up. He stated that in the cases brought before the council tonight, the owners were allowed (90) days to comply, however, none of the property owners showed interest in repairing these houses. 1083 Attorney Pope explained that once an ordinance to demolish a structure is approved by council, the ordinance is recorded in the Harnett County Register of Deeds Office. He added that if an individual went to purchase one of these homes at this time, during the title search, it would reveal that it has been ordered demolished and they would be subject to that order. He further explained that the ordinance has the effect of a court order and unless the council takes further action to rescind the order, the structure will be demolished. In referring to the process that the Building Inspector takes to demolish a structure, Attorney Pope stated that if someone came in to purchase a property and brought a signed agreement with the contractor along with some earnest money paid to show the council that work will be done, then it would be up to the council to give that person additional time in which to bring the structure up to code. He added that once an ordinance is entered, it would be impossible for someone to accomplish bringing a structure up to code, unless the council rescinded the order. SET DATE FOR SPECIAL CALL MEETING Mayor Snipes stated that the council is being asked to set a date for a Special Call Meeting in July. The purpose of this meeting is to award the contracts for the Highway 421 Widening and Recreation Facility projects and to execute the municipal agreement with DOT (Department of Transportation). These contracts cannot be awarded until after approval from the Local Government Commission (LGC). Manager Uskiewicz stated that priority paving projects, dialog concerning additional charges for bulk furniture pickups, and a request from the Dunn Housing Authority to purchase fence along Resthaven Cemetery will also be included in this meeting. Mayor Snipes also mentioned some drainage issues that need to be included in this meeting. Motion by Council Member Joey Tart, seconded by Council Member Godwin to set a Special Call Meeting date for Wednesday, July 14, 2004 at 10:00 a.m. Motion unanimously approved. City Attorney Pope made the council aware that during the week of July 12, 2004 he will be on a trial calendar in Jones county and he will probably not be able to attend the July 14, 2004 special call meeting. BOARD APPOINTMENTS Board appointments were tabled during the June 3, 2004 Council meeting. Motion by Mayor Pro -tem Olds, seconded by Council Member Joey Tart to take this item of business off the table. Motion unanimously approved. The following board appointments were made to various boards: ABC Board Motion by Council Member Godwin, seconded by Council Member Maness to appoint Lewis Bell to the ABC Board. (Term begins July 1, 2004 — Term expires June 30, 2007) Motion unanimously approved. Dunn Housing Authority Motion by Council Member Galbreath, seconded by Council Member Billy Tart to re- appoint Archie Wood to the Dunn Housing Authority. (Term begins July 1, 2004 — Term expires June 30, 2009) Motion unanimously approved. Dunn Housing Authority - Tenant Appointment Mayor Snipes re- appointed Charles McNeil as tenant representative for a one -year term. (Term begins July 1, 2004 — Term expires June 30, 2005) Library Board Motion by Council Member Joey Tart, seconded by Council Member Maness to re- appoint Laverne Smith and Michael Wells to the Dunn Library Board. (Term begins July 1, 2004 — Term expires June 30, 2007) and appoint John C. Coley to serve the remainder of the unexpired term of Frances Opperman (who resigned on May 3, 2004) (Mr. Coley's term will end on June 30, 2005) Motion unanimously approved. Recreation Commission Motion by Mayor Pro -tem Olds, seconded by Council Member Godwin to re- appoint Melinge Frazee and Whit Bradham to the Recreation Commission. (Term begins July 1, 2004 — Term expires June 30, 2007) and appoint Laronda Abney to the Recreation Commission (Term begins July 1, 2004 — Term ends June 30, 2007) Motion unanimously approved. RESOLUTION AMENDMENT ONE BALLOT ISSUE Mayor Snipes recapped on this issue, stressing the importance of the amendment one issue to all municipalities and urged all voters to support it. In referring to the resolution before the council, Manager Uskiewicz stated that this is a good economic development tool and is being promoted as something that will create jobs in public /private investment. He added that forty-eight out of fifty states already have this mechanism and its time that North Carolina get on board and utilize these same benefits. 1084 Motion by Council Member Joey Tart, seconded by Council Member Godwin to approve the Resolution in Support of the Amendment One Ballot Issue. Motion unanimously approved. A copy ofthis Resolution (82004 -]5) supporting the Amendment One Ballot Issue is incorporated into these minutes as Attachment #4. ACCEPTANCE OF ROAD HARNETT CROSSINGS Manager Uskiewicz clarified to the council that they are not being asked to accept this roadway as the City has not received any formal written request on behalf of the property owner. He stated that the City is being inundated by calls and concerns from people that utilize this road. He added that he is asking for direction from the council; what would be acceptable for the City to pursue the formal process. Motion by Mayor Pro-tern Olds, seconded by Council Member Godwin to direct the City Manager to secure a formal request from the property owner regarding the maintenance and transfer of the road in Harnett Crossing Shopping Center from Highway 421 beside Central Carolina Bank to the stop sign. Motion unanimously approved. Council consensus was that they would like additional information prior to making a decision about this issue. SOLID WASTE CONTRACT APPROVAL This is a three -year contract beginning July 1, 2004 between the City of Dunn and Republic Waste Services to collect, transport and dispose of municipal solid waste in the City of Dunn. This contract was discussed during the budget workshops and funds have been appropriated in the FY 2004 -05 budget. Manager Uskiewicz recognized and thanked Council Member Maness' efforts as well as Public Works Director Ronnie Autry in getting this contract negotiated so that it has a lot of protections for the City. He added that this contract reflected a minimum rate increase and will also include new containers for all residential customers. Motion by Mayor Pro -tem Olds, seconded by Council Member Galbreath to approve the solid waste contract between the City of Dunn and Republic Waste Services for the pickup and disposal of solid waste within the City of Dunn. Motion unanimously approved. A copy of this Solid Waste Contract is J J incorporated into these minutes as Attachment #5. Council Member Galbreath asked Public Works Director Ronnie Autry how soon will the Harnett Terrace Apartment complex receive roll-out carts. Mr. Autry responded that new carts are scheduled to arrive during the month of July. Council Member Maness thanked Public Works Director Ronnie Autry for his involvement in negotiating this contract. He added that through the dedicated efforts of Mr. Autry, some very significant changes were made to the contract, which will be in the best interest of the City and citizens. He encouraged any citizen of Ward I that encountered any problem with garbage pickup to call himself, Mr. Uskiewicz or Mr. Autry. He stated that the City has been assured that customer service will be a priority as well as assurances by way of the contract. APPROVAL OF FEES Manager Uskiewicz stated that the fee schedules were discussed during the budget workshops. He added that impart fees have not been increased since 1991. He further stated that lengthy discussions have been held with regard to the cemetery issues and weedy lot fees. Mr. Uskiewicz stated that planning and zoning fees have not been reviewed or changed during the last ten to fifteen years. He added that all increases are modest. Fee schedules for FY 2004 -05 under consideration include impact fees, water & sewer rate fees, cemetery lot fees, weedy lot mowing fees, parking fines, development permit fee, sign permit fee, and Subdivision plan review fees. j In referring to the planning and zoning fees, Council Member Godwin stated that he had concerns with the following proposed fee schedules pertaining to: Sign Permit Fee Schedule - Political Signs and Special Event Signs Construction Plans Review Fee Street Naming Sign Fee Mr. Godwin stated that the proposed Construction Plans Review Fee included a $50 processing fee plus an hourly rate for consultant review services time the number of hours required for review. In referring to the proposed Construction Plans Review Fee, Mr. Godwin stated that he did not dispute the need at times to have an outside consultant review plans, however, the way it is currently proposed in the fee schedule, the applicant/developer has no idea how many hours will be required or the hourly rate that will be charged by the City to review proposed plans. He added that this concerns him, because it creates an open checkbook. 1085 In referring to the proposed Street Naming sign fee, Mr. Godwin asked if this fee also includes the pole. Manager Uskiewicz responded yes. Since the pole is included in the price, Mr. Godwin did not have a concern with the proposed fee schedule for this particular item. Manager Uskiewicz stated that it is not the City's goal to have an open -ended checkbook. He added that from time to time, plans are reviewed by the City Engineer and with the current fee schedule, the City is paying the bill for this service. He added that the City should not be absorbing those type of developmental fees. Mr. Godwin agreed that the City should not absorb all of the consultant fees, especially with the type of projects currently pending. Mr. Uskiewicz asked that City Engineer Ed Powell step forward to discuss the Construction Plans Review fee. i h Mayor Snipes suggested that a not to exceed fee be put in place instead of an open -ended situation for the developers. ' Mr. Powell stated that it is very seldom that his company has had to look over plans. He recalled that prior to the City hiring a Planning Director, his firm had review meetings with a developer who had a lot of questions about whether or not some things were in accordance with the City standards. He stated that he does not foresee anything becoming very involved on plan review. He added that he normally looks at plans with Public Works Director Ronnie Autry and Mr. Autry makes comments to the developer. In referring to the Construction Plans Review Fee, Mr. Uskiewicz asked Mr. Powell if he would feel comfortable with a processing fee of $50.00 with a not to exceed amount of $250. Mr. Powell responded yes. Council Member Maness suggested that if the processing fee will exceed $250, the City contact the developer before proceeding further. Mr. Uskiewicz and Mr. Powell agreed. Mr. Powell stated that normally, Mr. Autry calls his office for guidance, and he cannot think of many instances where his firm has billed the City anything for development project reviews. In referring to political and special event sign fees, Council Member Maness asked City Planner Julie Reid if civic organizations would be required to purchase a special event sign fee and what constitutes a special event. Mrs. Reid responded that typically a church or civic organization would not fall under the special event fee. She gave an example of a circus being a special event, whereby signs would be placed all through town and a fee would be required. i Council Member Maness stated that the current fee structure for political and special event signs should remain in place. Council Member Joey Tart expressed concern with increasing political sign and special event sign fees. Mayor Snipes summarized the council's concerns with regard to the Planning and Zoning fee schedules. He stated that there has been a clarification pertaining to the Street Naming Sign fee. The fee includes the post. He added that the Construction Plan Review Fee has a cap of $250 unless the developer is notified and made aware that the fee could exceed the cap amount. He further stated that the council has discussed leaving the existing political and special event sign fees as currently written ($10.00 plus $90.00 deposit). Motion by Council Member Godwin, seconded by Council Member Maness to approve the fee schedules proposed with clarification to the following Planning and Zoning fees: Street naming sign fee includes post, construction plan review fee has a cap of $250 unless the developer is notified and made aware that the fee could exceed the cap amount, and leave the existing political and special event sign fee as currently written. Motion unanimously approved. A copy of the fee schedules (including impact fees, water and sewer rate fees, cemetery lot fees, weedy lot mowing fees, parking fines, planning and zoning fees) for FY 2004 -05 is incorporated into these minutes as Attachment #6 APPROVAL OF POLICY REVISIONS Manager Uskiewicz explained that the personnel policy revisions were discussed during the budget workshops. The policy revisions proposed are as follows: Vacation Accrual Schedule effective 7 -1 -04, Years of Service: Hours accrued per year: Less than 2 80 2 -4 96 5 -9 120 10 -14 144 15 -19 152 20 -24 160 25 or more 200 (1) additional day off — Employee's birthday Dental Plan Implemented M Mr. Uskiewicz explained that with the new rates effective with the health insurance and to avoid coming back to the council yearly to increase the health premiums for retirees, he is requesting that the policy not state a dollar amount but that the following amendment be made to the personnel policy: Personnel Policy Revision — Article VI. Employee Benefits — Section 2. Group Health and Hospitalization Insurance — Amend Paragraph three to state "Employees who retire with twenty -five or more years of service with the City may remain on a City group health plan, with the total premiums paid by the City." (amendment removes a not to exceed amount which is currently $470). Council Member Joey Tart stated that he pulled this agenda item from consent and placed under decision. He added that currently the City is paying $470.00 for supplemental insurance for retirees for anyone with twenty -five plus years. He further stated that this amendment would remove the cap. He stated that he would like to leave the policy with a cap amount, so that it would continue to come back before the Council in order to bring attention to this issue. It is something that the council will have to look at and discuss as they go forward. Mr. Joey Tart stated that insurance cost has and will continue to increase. He added that the City has employees 65 and over that are covered 100% by a city health policy. He further stated that medicare would cover 80% of the insurance and a supplemental policy would cover the remaining 20% and in a lot of instances, is less expensive that what the City policy is. He stated that the age level raises the census for the City and as a result, affects the pricing of health insurance for all employees. Mr. Joey Tart stated that this issue needs to be looked at on a continual basis. He added that he would like to leave the policy as current with a stated cap amount of $470.00 paid by the City for retirees. Mr. Uskiewicz stated that if the $470 is left in place, then thg City is not adhering to the policy which states that the City pays 100% of the health premiums for employees with 25+ years of service. He added that with the benefits plan as proposed for this fiscal year, $470.00 will not be sufficient and will need to be increased. Motion by Council Member Joey Tart, seconded by Council Member Billy Tart to approve the policy revisions with exception of health insurance benefits for retirees and asked that this item of business be brought back to the council at the special call.meeting scheduled for July 14, 2004. Motion unanimously approved. ADMINISTRATIVE REPORTS Motion by Council Member Galbreath, seconded by Mayor Pro -tern Olds to approve the Administrative Reports. Motion unanimously approved. EXECUTIVE REPORTS Council Member Joey Tart informed the council that a group of individuals from Texas was soliciting on Highway 421 last week and because of the City's Charitable Solicitation Ordinance, the police department was able to disperse this group. He stated that he appreciates the City having a solicitation policy in place. Council Member Godwin stated that he has received several calls during the last couple of weeks of heavy rains regarding the ongoing drainage issues behind Kim's Barbecue and the Hospital Pharmacy areas. Mr. Uskiewicz stated that this specific drainage issue will be addressed during the July 14, 2004 special call meeting. He added that the City has received a commitment from the state. In order for the state to pledge that commitment, the City must prioritize and do something about this problem. He stated that this means the City must spend a lot of money. He added that he has asked City Engineer Ed Powell to look at this drainage issue and to come up with a phasing -in of this project over a couple of fiscal years along with the commitment from the state. The total project cost would be approximately $568,000. Mayor Pro -tern Olds asked that the area of Layton and Carr Streets also be looked at with regard to drainage problems. Council Member Maness thanked Code Enforcement Officer Steven King for taking the time to ride with him through out Ward I to identify weedy lots and dilapidated structures. He added that Mr. King had already identified most of the sites in question. He commended Mr. King and Building Inspector Mike Blackmon for the job they are doing. Council Member Billy Tart thanked Recreation Director Perry Hudson and his staff for cleaning the fence at Tart Park. Mayor Snipes mentioned again, the passing of former Mayor Barefoot, recognizing his years of service and dedication to the City. He added that the council's thoughts and prayers were with the family of former Mayor Ralph Barefoot. INFORMATION With no further discussion, the following burial rights were executed: 1. Lottie Chance and heirs (Replacement Deed), Block AA, Lot 34, Spaces 3- 4 -7 -8, Memorial Cemetery. 1087 2. William Tew, Alice Tew, Paul D. Chadwick and heirs, Block T, Lot 74, Spaces 5 -6 -7 -8 Greenwood Cemetery. 3. Stella Brewington and heirs, Block 15, Lot 46, Spaces 5- 6 -7 -8, Resthaven Cemetery. 4. Billy Ray and Jean Strickland and heirs, Block Z, Lot 3, Spaces 1- 2 -5 -6, Greenwood Cemetery. 5. Anita Baker and heirs, Block 15, Lot 47, Spaces 5 -6, Resthaven Cemetery. 6. Donnie and Doris Olds and heirs, Block 15, Lot 66, Spaces 7 -8, Resthaven Cemetery. 7. Richard and Peggy Ray and heirs, Block 9, Lot 10, Spaces 3 -4, Resthaven Cemetery. 8. Walter D. Dafford, Jr. and heirs, Block 15, Lot 81, Spaces 5- 6 -7 -8, Resthaven Cemetery. 9. Dallas and Mary Dafford and heirs, Block 15, Lot 87, Spaces 1 -8, Resthaven Cemetery. 10. Dafford Funeral Home and heirs, Block 9, Lot 55, Space 4, Resthaven Cemetery. 11. Norman Blue and heirs, Block 1, Lot 4, Space 8, Resthaven Cemetery. 12. Johnny Billy Blue, Sr. and heirs, Block 9, Lot 57, Space 5, Resthaven Cemetery. 13. Johnnie Massey and heirs, Block 15, Lot 66, Space 1, Resthaven Cemetery. 14. Carl D. and Elaine D. Smith and heirs (Transferred Deed from Ernestine Jones), Block V, Lot 6, Spaces 5 -6, Greenwood Cemetery. 15. Carolyn Tew Johnson and heirs (Transferred Deed from Skinner Funeral Home), Block BB, Lot 20, Spaces 3 -4, Memorial Cemetery. 16. Cynthia Jane Shuford Akins and heirs (Transferred Deed from M.F. Gainey), Block C, Lot 15, Space 4, Greenwood Cemetery. 17. Rastus B. Hudson and heirs (Transferred Deed from Maddie H. Moore), Block 3, Lot 1, Spaces 7- 8, Memorial Cemetery. With no further business to discuss, the meeting was adjourned at 8:15 p.m. CITYO', . S -* CORP R 2'y D Snipes Mayor 9 :Z� O L T� Attest: 9� ., '�. CgROL�NQ'.•` Debra G. West City Clerk