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03142017303 MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Regular Meeting on Thursday, March 14, 2017, at 7:00 p.m. in the Dunn Municipal Building. Present was Mayor Oscar N. Harris, Mayor Pro Tem Billy Tart, Council Members Buddy Maness, Gwen McNeill, Frank McLean, Billy Tart, Chuck Turnage and Billy Barfield. Also present was City Manager Ronnie Autry, Assistant City Manager Steven Neuschafer, Finance Director Mark Stephens, Public Works Director Dean Gaster, Chief Building Inspector Steven King, Planning Director Samantha Wullenwaber, Chief Building Inspector Steven King, Police Chief Bill Halliburton, Recreation Director Brian McNeill, Human Resources Director Anne Thompson, Librarian Mike Williams, Attorney P. Tilghman Pope, City Clerk Jennifer Fortin, Deputy City Clerk Melissa Matti and Daily Record Report Melody Brown -Peyton INVOCATION Mayor Harris opened the meeting at 7:00 p.m. and asked Dr. Reverend Len Keever, Pastor of the First Baptist Church of Dunn and Vice -President of the Dunn United Ministerial Association to give the invocation. Afterwards, the Pledge of Allegiance was repeated. AGENDA ADJUSTMENT AND APPROVAL Motion by Council Member Maness and seconded by Council Member Barfield to adopt the March 14, 2017 meeting agenda with changes, if any, as listed below. Agenda Items Added: • none Agenda Items Removed: • none Motion unanimously approved. Proclamation — Band Of Oz Mayor Harris and Council Member Tumage presented Band Of Oz with a Proclamation for their 50 years of music and entertainment. A copy of Proclamation (P2017-04) recognizing Band Of Oz is incorporated into these minutes as Attachment #1. PUBLIC COMMENT PERIOD Each speaker is asked to limit continents to 3 minutes, and the total comment period will be 30 minutes. Citizens must sign up and register on a sign-up sheet available on the podium within the City Council Chambers prior to the start of the meeting. Mayor Harris read the City of Dunn City Council Public Comment Policy. Scott Clark, 727 Queens Avenue — Mr. Clark presented a petition to Council to reduce the speed limit on Queens Avenue from 35 mph to 25 mph with signs to be installed and also includes children at play signs to be installed. The petition has 34 signatures on it. CONSENTITEMS Minutes — Council considered approval of minutes of the February 7, 2017 City Council Meeting. Consideration of Resolution Authorizing the Disposition of Personal Property. A copy of Resolution (R2017-03) for is incorporated into these minutes as Attachment #2. Weedy Lot/Assessment/Back Taxes Report Motion by Council Member Mclean and seconded by Council Member Tumage to approve all consent items. Motion unanimously approved. ITEMS FOR DECISION Resolution Of Intent To Permanently Close A Public Street Adjacent To N. Fayetteville Avenue Across From W. Wake Street Assistant City Manager Neuschafer advised Council that this is really a right-of-way as the street is really not there. An issue has come up for the property owner that uses a portion of the deeded right-of-way and they are requesting it be closed. It is a long process and the monies have been paid and we do have to advertise this for four consecutive weeks before bringing it back to Council for adoption. Motion by Council Member Tart and seconded by Council Member Tumage to adopt the Resolution of intent and call for a public hearing be held at the April 11, 2017 City Council meeting for the purpose of permanently closing the street adjacent to N. Fayetteville Avenue across from W. Wake Street. Motion unanimously approved. A copy of Resolution (R2017-04) is incorporated into these minutes as attachment #3. Board Appointment Parks and recreation Department An application was submitted by Brian Allen for the open seat on the Parks and recreation Committee Board. M, Motion by Council Member Tumage and seconded by Council Member Maness to appoint Mr. Allen to the open seat on the Parks and Recreation Committee Board with the expiration date of June 30, 2017 and thank Ms. Whitc-McNeill for her service to the Board. Motion unanimously approved. Ordinance Amendment OA -01-17 Chapter 3, Animals & Fowl TABLED FROM THE FEBRUARY 7, 2017 CITY COUNCIL MEETING This is a request to hereby amend Chapter 3 Animals and Fowl to revise the beehive regulations in the City limits and planning jurisdiction. The General Assembly passed a law, S.L. 2015-246, which created G.S. 106-645 relating to beehive regulation in cities and counties. Beehives can no longer be prohibited anywhere and must be allowed, although restrictions can be placed on them. There is a meeting scheduled with the NC Department of Agriculture and Consumer Services Apiary (Bee Hive) Inspector later this month. Mayor Harris tabled this matter until further information was available. Consideration of Ordinance to Demolish House 604-606 S. Fayetteville Avenue PIN# 1516-45-7909.000 This matter was tabled at the December 2016 Council Meeting to be brought before the City Council at the March 2017 Council Meeting to allow the property owner more time to make repairs on the dwelling. At this time, the property owner has completed additional repairs since the December 2016 Council Meeting. Chief Building Inspector King noted there has been significant progress made since the December 2016 Council meeting. The owner has put about $20,000 into the house at this time. The owner is looking for more time to continue the repairs. Motion by Council Member McNeill and seconded by Council Member Turnage to table this matter to allow 60 days for the property owner to complete repairs. Motion unanimously approved. Consideration of Ordinance to Demolish Structure 510 Spring Branch Road PIN# 1516-71-5790.000 Chief Building Inspector Steven King noted Mr. Patel is continuing to remove the old stuff. We are currently waiting on an agreement between Mr. Patel and the City so he can obtain ownership. Attorney Pope addressed the Council in regards to the Condemnation Estoppell and Hotel Investment Agreement. Per the Council's instructions following the January Council meeting, l contacted Mr. Patel's attorney's to let them know what Council had in mind and what you wanted to see in advance of this upcoming meeting. The intent of this is Mr. Patel cannot get financed to purchase the property with this condemnation order pending before the City. If you were to adopt this agreement, the City agrees not to adopt a condemnation order prior to July 1, 2017 and that gives him until July 1, to close on the purchase of the property without legally affecting his ability to get financing. In addition to that, it includes a commitment on his behalf to continue working on the property during the interim. If Mr. Patel doesn't follow through with what he says he is going to do, than the condemnation order will come back before Council. Motion by Council Member Maness and seconded by Council Member McNeill to accept the Condemnation Estoppell and Hotel Investment Agreement. Motion unanimously approved. Adopt Resolution Of The City Council Of The City Of Dunn, North Carolina Making Certain Statements Of Fact Concerning Proposed Bond Issue Adopt Bond Order Authorizing The Issuance Of Not To Exceed $1,275,000 General Obligation Refunding Bonds Of The City Of Dunn, North Carolina Finance Director Stephens stated the City has a General Obligation Bond in the water and sewer fund that can be refinanced at a lower interest rate, thus saving the City interest cost over the remaining 8 years in debt. The projected interest saving over the 8 years would be $80,000 or about $10,000 per year. The current bond is financed at 4% and refinancing it into a 2% interest rate. Motion by Council Member Maness and seconded by Council Member Tumage to Adopt Resolution of the City Council of the City of Dunn, North Carolina making certain statements of fact concerning proposed bond issue. Motion unanimously approved. A copy of Resolution (R2017-05) is incorporated into these minutes as attachment #4. Attorney Pope noted items12 and 13 are pertaining to the bond and the motion as unclear if it only included the Resolution or also the Bond Order. The one who made the motion and the one who seconded the motion if Council agrees that the motion included both and there is no objection. There was no objection from Council. Budget Amendment #5 Finance Director Stephens noted Budget Amendment #5 is for security cameras for the three parks installed. We have come up with an estimate of $20,000 and we will use some of the sales taxes as it was presented at the Budget Retreat. Motion by Council Member Maness and seconded by Council Member Barfield to approve Budget Amendment #5 for security cameras for the three parks. Motion unanimously approved. A copy of Budget Amendment #5 is incorporated into these minutes as attachment #5 305 Budget Amendment #6. Finance Director Stephens noted Budget Amendment #6 is for netting for Tyler Park. The estimate is $30,000 and that too would come out of the excess sales tax money. Motion by Council Member Turnage and seconded by Council Member McLean approve Budget Amendment #6 for the installing the netting for the health and welfare of fans and property at the Nathan Harris Sports Complex at Tyler Park. Council Member Barfield stated the plans submitted to Council do not protect the cars by the Greenway or Red Lambeth fields. Signs should be put up saying "PARK AT YOUR OWN RISK'. The netting would protect the Kim's BBQ property. Council Member Maness inquired if the City liable for if something should happen, and is that true for any other City property. This question is for Brian, age appropriate teams should be the only ones allowed to play in that park and is part of the problem that there are older people playing and hitting the ball over. Of all the instances we have had is it due to older kids rather than age appropriate kids? Recreation Director McNeill noted during the youth programs there was only one instance and it was a foul ball that hit a lady in the head, but as far as anything else there hasn't been anything during our regular programs. Based on the league we play in, our 12U fit the requirements for the field. It is an open park and that might be something that occur after hours. Attorney Pope stated under North Carolina Law and the park system, if you attend a sporting event you assume the risk for your own protection. In general terms, you are responsible for looking out for your own welfare to make sure you don't get hit. The City would not be liable or responsible for the actions of someone out there not participating in our youth program that cause damage unless we knew of and were aware that they were out there doing something inappropriate and didn't stop them. Council Member Tutnage noted some of the patrons at Kim's have had their windshield's hit and Brian has done well to keep it age appropriate but he can't do that all the time. Council Member Tumage withdrew his motion for the netting and is seeking further guidance from the Recreation Director to do a different study, what the options are and maybe replace the trees that were damaged from the storm. Council Member McLean withdrew the second on the motion. Lawn Care Maintenance Contract Bid Public Works Director Gaster noted the bid process too place on March 8, MIT The low bid for the project including cemeteries was $157,500 and the low bid which removes the cemeteries was $75,000. The low bid falls within our existing budget, which is $162,200 for FY 2016-2017. If the City were to assume the cemetery responsibilities, we do not feel that $82,500 would be sufficient for staff and necessary equipment. Council Member Tart inquired as to why the bid difference. Public Works Director Gaster noted the City doesn't know why there is that much of a difference. Council Member Maness inquired if there were specification and standards contract spelled out specifically for handling the grass cutting? Public Works Director Gaster stated yes Assistant City Manager Neuschafer was very much involved in putting that together and he made sure we covered areas we were lacking with the previous contract. Motion by Council Member Maness and seconded by Council Member Tart to approve the low bid request for the lawn care maintenance. Motion unanimously approved. Appointment of City Manager Mayor Harris asked for consideration for the purpose of amending the agenda to consider the appointment of City Manager. Motion by Council Member Barfield and seconded by Council Member McLean to consider the appointment of City Manager. Motion by Council Member Barfield and seconded by Council Member McLean to appoint Assistant City Manager Steven Neuschafer as the new City Manager effective April 2, 2017 and authorize the Mayor and City Attorney to negotiate the terms of the employment and severance agreement with Mr. Neuschafer for consideration by Council and bring back to Council as soon as possible, hopefully no later than two months. Motion unanimously approved ITEM FOR DISCUSSION AND/OR DECISION Financial Report Finance Director Mark Stephens provided the following financial report for the period ending January 31, 2017: • The City as of January 31, 2017 had $3,493,344in cash in the General Fund and $2,426,563 in the Water and Sewer Fund. In January 2016 the City had $3,426,563 in the General Fund and $2,177,442 in the Water and Sewer Fund. • Property Tax collections were $3,714,070 or 100.49% of budget. Last year property tax collections through February were $3,432,140 or 97.01% of budget. • Sales Tax Revenue is $948,719 or 56.64% of budget. Benchmark for the month is 50.00% of budget. • Utilities Sales Tax is $375,900 or 47.64% of budget. Benchmark for this month is 50.00% of budget. • Building Permit Fees were $54,721 or 84.19% of budget. Benchmark for this month is 58.33% of budget. • Water and Sewer Revenues were $2,759,679 or 61.33% of budget. Benchmark for this month is 58.33% of budget • Expenditures were 55.41% of budget in the general fund and 52.86% of budget in the water and sewer fund. W1 The benchmark for this period is 58.33% of budget. Motion by Council Member McLean and seconded by Council Member Tart to accept the Financial Report. Motion carried unanimously. ADMINISTRATIVE REPORTS Tax Report Building Report, Planning, Recreation and Library Reports Police Report Motion by Council Member McLean and seconded by Council Member Barfield to accept the Administrative Reports. Motion unanimously approved. ANNOUNCEMENTS The following announcements and/or comments were made. Mayor Harris: ➢ The next regular City Council Meeting is scheduled for Tuesday, April 11, 2017 @ 7:00 p.m. Motion by Council Member Barfield and seconded by Council Member Maness to adjourn the meeting at 8:04 p.m. Motion unanimously approved. ' ``0,1unna,,,i MscarrN.Harris \TY OF ' est t�1 JeirTfer M. Fortin, CMC City Clerk SEAL �Q%: -,,"gTH•CAR ......o�,. ,,,1$ 01