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07142004MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Special Call Meeting on Wednesday, July 14, 2004, at 10:00 am. in the Dunn Municipal Building. Present was Mayor J. Dal Snipes, Mayor Pro -Tern 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, City Planner Julie Reid, Recreation Director Perry Hudson, Fire Chief Austin Tew, City Engineer Ed Powell, City Attorney P. Tilghman Pope, City Clerk Debra West, and Daily Record Reporter Lisa Farmer. INVOCATION Mayor Snipes opened the meeting at 10:02 a.m. and asked Council Member Maness to give the invocation. Afterwards, the pledge of allegiance was repeated. Council Member Joey Tart arrived at 10:05 a.m. ITEMS FOR DECISION AWARD OF CONTRACT HIGHWAY 421 WIDENING PROJECT Manager Uskiewicz stated that the City has received approval from the Local Government Commission and it is now time to award the bid for the Highway 421 widening project. He recommended that the low bid of $669,919.00 be awarded to Johnson Brothers Utility and Paving Company of Lillington, NC. With the contribution of $140,000 from the North Carolina Department of Transportation, the estimated project cost will be $756,000. Motion by Mayor Pro -tern Olds, seconded by Council Member Joey Tart to award the contract to Johnson Brothers Utility and Paving Company of Lillington, NC for the widening of Highway 421 in the amount of $669,919. Motion unanimously approved. A copy of the bids submitted for this project is incorporated into these minutes asAttaehment #1. AWARD OF CONTRACT RECREATION FACILITY PROJECT Manager Uskiewicz stated that it is now time to award the bid for the Recreation Facility project. He recommended that the low bid of $1,081,990 be awarded to Jackson Builders of Goldsboro, NC. With technical services and contingencies, the total project cost will be $1,200,000. Mr. Uskiewicz stated that a ground breaking ceremony is scheduled for Wednesday, July 21' at 10:00 a.m. at the site of the new Recreation Center. Motion by Council Member Godwin, seconded by Council Member Maness to award the contract to Jackson Builders of Goldsboro, NC for the construction of the Recreation Facility in the amount of $1,081,990. Motion unanimously approved. A copy ofthe bids submitted for this project is incorporated into these minutes as Attachment #2. Mayor Snipes noted that both projects (Hwy. 421 and Recreation Center) were approved for funding by the Local Government Commission last week. Mayor Snipes asked Recreation Director Perry Hudson to schedule a meeting with the neighbors that live around the new Recreation Center, who have voiced concerns about the noise that they feel will be created from the construction of the Recreation Center. He stated that the neighbors need to be shown the exact location of where the new Recreation Center will be built and relate the fact that this will be a neighborhood friendly project. MUNICIPAL AGREEMENT AND RESOLUTION DOT — RESURFACING US 421 Manager Uskiewicz explained that before the council is a municipal agreement and resolution between the Department of Transportation (DOT) and the City of Dunn whereby DOT agrees to participate in the actual construction costs of the Highway 421 widening project in an amount not to exceed $140,000. i i Mr. Uskiewicz thanked the property owners/developers, DOT and the City of Dunn for the partnerships established in this project. Motion by Council Member Joey Tart, seconded by Mayor Pro -tem Olds to approve the Municipal Agreement and adopt the Resolution between the Department of Transportation and the City of Dunn for DOT to participate in the actual construction costs of the Highway 421 widening project in an amount not to exceed $140,OOO.Motion unanimous approved. A copy of the DOT Municipal Agreement and Resolution (82004 -17) for DOT to participate in the construction costs of the Highway 421 widening project is incorporated into these minutes as Attachment #3. m DUNN HOUSING AUTHORITY FENCE PROJECT The Dunn Housing Authority has submitted a lett: r of request asking that the City of Dunn contribute a minimum of $4,000 toward the purchase and installation of an 8' chain link fence. This fence will serve the purpose of both the City of Dunn ( Resthaven Cemetery) and the Dunn Housing Authority (Harnett Terrace). Manager Uskiewicz stated that this is an issue that a couple of Council Members have approached him about. He added that the fencing at Resthaven Cemetery is down and while researching what the City was going to do to repair the fence, it was discovered that the Dunn Housing Authority was in the process of also trying to establish a new fence. He stated that should council approve this purchase, a budget amendment will be forthcoming. Motion by Council Member Galbreath, seconded by Mayor Pro -tern Olds to approve the allocation of $4,000 from the City of Dunn to the Dunn Housing Authority towards the purchase and installation of an 8' chain link fence. Motion unanimously approved. The council discussed that the Dunn Housing Authority will maintain ownership of the fence and will be responsible for maintaining it. Mayor Snipes stated that he is favor of the City contributing to this project. By the fence being down, it was causing a lot of undue foot traffic through the cemetery during inappropriate hours, creating the possibility of vandalism. Mayor Snipes stated that this fence will help the Housing Authority and will help the City protect their property. Council Member Godwin asked what is the total cost of the fence. Council Member Galbreath responded $8,631.90. The City will be participating about fifty percent. PERSONNEL POLICY REVISIONS During the July 1, 2004 meeting, the council was presented with a personnel policy revision as it pertains to retired employee's health care premiums. It was proposed at the July I' meeting that the City of Dunn amend their policy to state that the City will pay the total health premiums for employees that retire with twenty-five or more years of service. The current policy states that the City will pay up to $470 per month. The council requested that this policy revision be brought back before them stating a dollar amount to reflect the current health premium rate that the City will have to pay for retirees during FY 2004 -05. This premium amount will need to be adjusted to $508. Motion by Mayor Pro -tern Olds, seconded by Council Member Galbreath to approve the revision to the City of Dunn personnel policy, Article VI Employee Benefits, Section 2 (Group Health and Hospitalization Insurance to state that "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 not to exceed five hundred eight dollars ($508) per month. Motion unanimously approved. Council Member Joey Tart stated that he is in favor of this amendment, but added that the City will need to make some provisions in the coming years on how to handle this situation. He added that this is an issue that will need to be looked at every year. Mayor Snipes stated that he will entertain a motion to add to the agenda under "Items for Decision" a contract for an annexation study. He explained that this information was received after the original agenda for today's meeting was sent out. Motion by Council Member Galbreath, seconded by Council Member Godwin to add the following item to the Agenda. Motion unanimously approved 1) Approval of Contractfor Annexation Study by Holland Consulting Planners APPROVAL OF CONTRACT ANNEXATION STUDY BY HOLLAND CONSULTING PLANNERS Manager Uskiewicz stated that during the budget retreat held in February of this year, discussion was held about the possibility of annexation. Four areas were identified for possible annexation. They include the areas of Highway 421 east, Highway 55 east, Erwin Road and Fairground Road. Mr. Uskiewicz stated that he is asking the Council for approval to enter into this contract with Holland, Consulting Planners. Mayor Snipes reminded the council that they had a thorough discussion about this issue during the budget retreat, and the cost for this study has been budgeted. Motion by Council Member Joey Tart, seconded by Council Member Maness to approve the contract between the City of Dunn and Holland Consulting Planners of Wilmington for an annexation study in an amount not to exceed $17,000. Motion unanimously approved. A copy of this contract between the City of Dunn and Holland Consulting Planners for an annexation study is incorporated into these minutes as Attachment #4. ITEMS FOR DISCUSSION 1090 PAVING PROJECTS Mayor Snipes stated that City Engineer Ed Powell and Assistant City Manager/Public Works Director Ronnie Autry are present to discuss this issue. Mayor Snipes reminded the Council that this is an item for discussion. Mr. Autry stepped forward and stated that the City has not taken on any major resurfacing projects in the last three to five years. He explained that monies are budgeted each year to repair high priority streets that are totally deteriorated. He stated that in the year 2000, a visual survey was done of all the streets in town that needed repair. If all of the streets on the year 2000 list were resurfaced, it would total to approximately 3 million dollars. Mr. Autry stated that in the year 2001, City Engineer Ed Powell and his firm took a survey of the areas from the year 2000, and scaled back the list to a high priority/low priority status. He added that before the council today is a list of streets from the year 2001 that fall in the high priority category of need for resurfacing and/or major repairs. Since that time, there may be others streets that are not on the 2001 list that also need immediate attention. Mr. Autry explained that the City does not have the funds to pave all the streets on the list. He stated that this list serves as a starting point for the Council to rev_ew. He added that within this list, there are several streets within the Housing Authority project areas that are on the city maintained street list that have not been repaired in twenty plus years. He further stated that the streets within the Housing Authority are at the top of the priority list. The Housing Authority was told several years ago that these streets would be paved. The street conditions within the Housing Authority have an affect on their annual inspection report. Mr. Autry stated that out of the current $75,000 budgeted for paving, at least $15,000 to $25,000 would be required just to pave the Housing Authority streets. Unless additional monies are added to the paving budget, the balance of this fund would not be sufficient to pave the other streets that need to be repaired and/or paved. Mr. Autry stated that he would like feed -back from the council with regard to the amount of monies they wish to use for paving projects or if the council wishes to work within the guidelines of the present budgeted amount. With the current ongoing state projects, Mr. Autry stated that presently, the city does not have a contractor that is interested in resurfacing the city streets. He suggested that when the paving contractor begins work on the Highway 421 project, the City might be able to acquire and negotiate a price for the same contractor to pave a few streets for the City. Other paving contractors are already booked for the year. The Council discussed the capability of the City resurfacing some of these streets. Mr. Autry informed the council that the City does not have the capability to resurface. The City has an asphalt paver that is approximately twenty years old. It is only used to resurface very short distances, such as an alley. The mechanical operations of the asphalt paver is depleted and it would need major repairs. Mr. Autry stated that in the past, when he negotiated with a paving contractor during the off - season, they could pave a street for approximately the same amount of money that it would cost the city to buy asphalt. For this reason, the city cut back on personnel and at the present time, the City would not have the capability to pave a street. The Council discussed the high priority streets and with the limited funds available, they requested that Mr. Autry give them a condensed list of the streets that fall in the worst -case scenario, regardless of the location. The Powell Bill fund was discussed. Manager Uskiewicz reminded the Council that the $500,000 in the Powell Bill Fund is not readily available money. The Council must prioritize how this fund will be used. Mr. Autry explained that Powell Bill funds are not set aside just for resurfacing. This fund is also used for operational, maintenance and repair of potholes, drainage, purchase of stone for drainage /road sides and mowing. Mr. Autry stated that the funds should never be depleted in the Powell Bill, because there may be an emergency situation, such as drainage, that may need immediate repair. Mr. Autry and Mr. Uskiewicz will prioritize the paving list for Council review as well as update the costs to pave the priority streets. Mr. Autry stated that it would cost about $3500 to pave a City block (300' strip). He also reminded the council that if a street has a sewer line that needs to be replaced, then you would not want to resurface that street prior to repairing the lines underneath. BULK FURNITURE/DEBRIS PICKUPS & CHARGES Manager Uskiewicz stated that he is asking for policy direction from the council with regard to the City picking up bulk furniture. The City of Dunn is picking up discarded furniture on a weekly basis and it is becoming quite expensive. The City is paying the landfill fees to dispose of these items. Mr. Uskiewicz stated that staff has recommended twice a year pickup; spring and fall and anything placed out by the curb during other times of the year be cited by the Code Enforcement Officer. The council asked Mr. Autry if he could estimate what the City is paying in landfill fees. Mr. Autry responded that the City is paying an average of $200 per day in tipping fees for basic limb pickup and furniture. He explained that each Thursday is designated for furniture pickup and his department can no 1091 longer keep up with the volume. With the additional landfill fees implemented a few months ago, the City has paid an extra $20,000 to $30,000 in tipping fees. Mr. Autry explained that there are too many landlords leaving household furniture by the roadside when their tenants move out. He stated that when the city truck picks up these items, a lot of times the truck is loaded and must make a trip to the landfill just for this one household. This is happening on a weekly basis. In referring to the limb situation, Mayor Snipes confirmed with Mr. Autry, that this is a budgeted item whereby the City truck picks up four days per wee1c. Mayor Snipes stated that they want to keep the City clean but stressed that it is not the City's responsibility to pick up debris left by the curb from tenants that have moved out of a house. Landlords should not expect the City to pick up these items for free. Mayor Pro -tem Olds stated that he did not think twice a year would be adequate. He suggested once a month pickup for furniture and anything deposited by the curb at other times would be charged. Mr. Olds informed the council that there are instances where old furniture is deposited on vacant lots and this could become an eyesore if the city only provides twice a year pickup of furniture. Council Member Joey Tart stated that with once a month pickup, it would not seem likely that one truck could pick up all the furniture in one day, but rather, it could develop into several days. Mr. Autry agreed. Also Mr. Tart questioned twice a year pickup; how long would it take for one truck to pickup all the furniture placed by the curb. Mr. Autry stated that furniture pickup has multiplied tenfold in the last three years. He added that in checking with other towns, there are not many towns that provide this type of service. The council discussed that it should not be the city's responsibility to continue to pickup furniture and about assessing a fee to the owners for pickup. They suggested that in a lot of cases, this is created by an absentee landlord situation. They discussed the current tipping fee of $30 per ton and the average cost for a citizen to dispose of furniture. They also discussed that the owners be billed for this service. Manager Uskiewicz stated that if it is council consensus, he and Mr. Autry could research this issue and bring back some suggestions to the council. He added that the city is now in the process of subcontracting to a lawn service to mow weedy lots to free up city staff. He stated that it falls within the guidelines and prices set forth. The cost for mowing weedy lots will be forwarded to the property owners. Manager Uskiewicz also made council aware of property owners hiring private contractors to have services done, and the private contractor is infringing upor_ the City by dumping their debris on the roadways and then asking the City to pick it up. He gave an example of trees that were cut by a private contractor on Byrd Drive and left for the City to pick up. He added that the trees were left by a private contractor. He further stated that they negotiated with the property owner for a price to pickup and dispose of it. Mr. Uskiewicz stated that the property owners and private contractors need to be educated that the City is not in the business of picking up their debris. Mr. Autry stated that if a contractor is hired to cut limbs, it is the responsibility of the contractor to remove the debris. Contractors that do a major pruning in a yard creates a problem with the City trying to pick up this debris. It takes a long time for a city truck to pick up this debris, thus creating a problem with the truck making it to other areas of town that may need limbs picked up. Mr. Autry stated that with personnel and equipment cutbacks, the City is at a critical stage. Furniture is out daily. The council discussed the possibility of the City adding personnel and equipment to the Public Works Department. The council also discussed the overflowing garbage receptacles downtown. Downtown businesses are apparently using the downtown receptacles that are intended for pedestrian traffic. Mr. Uskiewicz stated that he and Mr. Autry would like to talk with Republic Waste to come up with a solution to the downtown trash issue. Mr. Uskiewicz stated that he and Mr. Autry would like to talk with Republic Waste about the furniture situation also. He added that if the City decides to privatize and contract out furniture pickup, this may be a service that Republic Waste could provide. Mr. Autry brought to the council's attention, the situation with grass clippings. He stated that the City now has a truck worth $120,000 along with an operator that is riding through out town five days a week to pick up grass clippings. He added that this truck is currently broken down and needs $3,000 in repairs. He further stated that the normal limb truck situation is set up for October thru January to pick up leaves. Mr. Autry stated that years ago, the city used this truck to pick up grass clippings and the truck is currently worn out. Mr. Autry stated that the problem with grass clippings is when they are dumped along the curb. A rainfall washes it straight into the storm drain and fills in the ditch. He added that city code states that nothing is to be placed in the street, including limbs and grass clippings, but rather are to be placed on the citizens' property. He further stated that there is a cost that must be considered for a new truck that is not affordable. Council Member Billy Tart asked Mr. Autry if there is a receptacle made for grass clippings. Mr. Autry responded that some towns use another container for twigs and grass clippings. He added that it would keep the town cleaner, however it would require a truck to follow a route to regularly pick up the containers. 1092 The Council discussed the issues with grass clipping being left in the curb and suggested that the council educate the citizens and landlords about recycling and how to place these items by the curb. Grass clippings can fertilize the lawn and it is an excellent mulch. They suggested that the governmental channel be repaired and utilized to provide public announcements to educate the citizens. LANDSCAPE ORDINANCE Mayor Snipes yielded to Manager Uskiewicz with reference to a Landscape Ordinance. Mr. Uskiewicz stated that the Landscape Ordinance did not score as high on the priority list developed during the budget retreat. He added that he would like to give the council a model ordinance to review and yielded to City Attorney Pope for further comments. City Attorney Pope stated that with all of the commercial development that is current and will continue in this community, the council discussed this issue during the retreat. During the retreat, the council agreed that it would be advisable to implement. Although the landscape ordinance was not the top priority at the retreat, Mr. Pope would like the council to review this model ordinance, place it on the August agenda to give him feedback so that he can get it into a form to bring back before the council. DRAINAGE ISSUES Mayor Snipes yielded to City Manager Uskiewicz. Mr. Uskiewicz stated that the Juniper Creek drainage issue, which has been deemed the highest priority, impacts the greatest number of residents. It does cause a problem because it is the lowest lying area within the City. Mr. Uskiewicz made the council aware that the City has been communicating with the Department of Transportation for some assistance and they have given the city some preliminary assurances that they will help with the culvert under Highway 421 should the City show that they are actually going to commit and pledge adequate resources to make this project workable. Mr. Uskiewicz stated that with the DOT assistance, this project will still be a hefty expense, therefore, he has asked that City Engineer Ed Powell talk about phasing this project and at the same time, acquire the pledge from DOT. City Engineer Ed Powell stepped forward. He stated that before council is a letter from Davis- Martin- Powell (DMP) dated April 8, 2003, which addresses the upper Juniper Creek basin. He explained that DMP did a study of the whole Juniper Creek basin that ran from a portion south of Highway 421 all the way to the Blackriver and from the north side of Friendly to the terminus. One of the trouble areas is at ° Juniper, Cumberland and Broad. It is totally undersized and DOT understands that they have some problems in that area. DOT has committed to participate in this area. Mr. Powell explained that there is an existing drainage pipe that runs beneath the T Mart store, around Kim's Barbecue and to Harnett Street. There have been some serious drainage problems and flooding at Broad Street. Mr. Powell stated that his firm has looked at an improvement which would take Juniper Creek, cross Cumberland, around the T Mart and then cross Broad Street. He added that the cost would be approximately $500,000. Mr. Powell stated that DOT has said they will participate in the crossing of Cumberland, which would be about $135,000 of the $500,000 cost. The remainder cost would be the responsibility of the City. This would eliminate the problems at Broad Street.. An increased must be installed under Cumberland as well as the piping from Cumberland across Broad Street. Mr. Powell explained that this pipe system project is being designed for a ten -year storm. A ten -year storm design is required by DOT and would be adequate. DOT's commitment is based on the fact that the City commit to this project. He suggested that the City complete this project in phases. He reminded the council of the past history of this area, flooding and lawsuits. Mr. Powell stated that with the DOT's contribution, the City is looking at a cost of $400,000 that could be accomplished by phases. He added that out the $4.00,00 the 48" to 54" pipe from Cumberland to Broad would cost approximately $200,000 and the remaining $200,000 to cross Broad Street. Mayor Pro -tern Olds asked Mr. Powell to explain the terminology ten -year storm. Mr. Powell responded that it is a statistical approach to hydrology, rain -fall occurrences. It is a storm with an intensity and a duration that would have a statistical probability of occurring once every ten years. It equates out to an intensity in inches per hour for a period of time. Council Member Godwin asked Mr. Powell if the Cumberland Street culvert will alleviate the drainage problem at Ellis and Edgerton in the location of the Hospital Pharmacy. Mr. Powell responded that this area drains down toward Harnett Street. He stated that he can't say that this particular project will fix this problem but it will allow the City to repair it in the future. He added that oversized drainage may need to be installed from Juniper at Harnett and the park up to Ellis. Mr. Powell stated that they must have more capacity in Juniper before the area around the Hospital Pharmacy can be alleviated. The council discussed expanding the study to include the Ellis and Edgerton areas. Mr. Powell stated that in 1996, a Juniper Creek flood study included the areas of Ellis, Edgerton, Harnett, Wautauga, all the way to Friendly Road. The study ended at Brookwood and Currituck where Juniper Creek starts. 11014.193 Mr. Powell informed the council that they must correct the drainage from Cumberland to the north side of Broad before they can proceed to the other areas of need, particularly Ellis and Edgerton. The council discussed the city aggressively moving forward with this project and to not jeopardize losing the DOT pledge of $135,000. Mr. Uskiewicz stated that he can bring back to the August council meeting, the cost to accomplish phase I of this project. Mayor Pro -tern Olds mentioned the flooding issue at Layton and Carr Streets. Mr. Powell explained the route that this line takes. The pipe is below the railroad and is as low as CSX will allow. He stated that this pipe is as big as allowed by CSX. It took ten years to accomplish this piping. Mr. Powell and Mr. Autry will look at this area. This could be a maintenance issue; ditches may have filled in. Mr. Autry informed the council that CSX will not allow the City to excavate open ditches to undermine the railroad tracks. Further discussion was held about the drainage issues. Council Member Galbreath mentioned flooding in the areas of Wilmington and Broad, E. Cumberland at the IGA, S. Sampson to E. Pearsall, S. Little at St. John's Church. Mr. Autry stated that major upgrades were done by the IGA. The state allowed the City to put parallel piping under Highway 421 at Wilmington to Broad and extended midway between Cumberland and Divine. This new piping tied into S. Elm Ave., a major drainage area. Mr. Autry explained that the areas crossing Highway 421 is DOT. Mr. Autry explained that the area of Pope Street is DOT undersized pipe. He added that when you have a 2" rain in a hour, this piping system is not equipped to carry the water, but it drains once the rain subsides. More discussion was held about the drainage in other areas of town. Mr. Powell recapped on the issues to include updating the Cumberland Street phasing project with DOT, look at the study to see what can possibly happen at Ellis and Edgerton, check the maintenance on the Fayetteville Street/Railroad system and check the system near the IGA down to the Railroad on the other side of Cumberland. The council discussed the possibility of an article placed in the local paper stressing the need to keep the streets and gutters clean. Mayor Snipes asked if anyone had other information to share. Mr. Uskiewicz reminded the council to call their state senator reference the billboard bill (amortization). It is offensive to local governments. The Mid - Carolina Council of Government will be in Dunn on July 22, 2004. He announced that the North Carolina League of Municipalities Conference will be held in Raleigh on October 24, 25, and 26, 2004. Mayor Snipes recognized Planning Board Chairman Ted Fitzgerald in the audience and thanked him for his service to the City. With no further business to discuss, the meeting was adjourned at 11:55 a.m. Attest: &"Q �B h)",6 Debra G. West City Clerk CITY GORPOp t: Z SEAL 1 + +114114160%