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Minutes 06-11-2019M MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Regular Meeting on Tuesday, June 11, 2019, at 7:00 p.m. in the Dunn Municipal Building. Present: Mayor Oscar N. Harris, Mayor Pro Tem Frank McLean, Council Members Buddy Maness, Dr. Gwen McNeill, Billy Tart, Chuck Turnage and Dr. David L. Bradham. Alsopresent: City Manager Steven Neuschafer, Assistant to the City Manager Mathew Boone, Finance Director Jim Roberts, Public Utilities Director Heather Adams, Interim Public Works Director Vince Washington, Planning Director George Adler, Chief Building Inspector Steven King, Chief of Police Chuck West, Parks and Recreation Director Brian McNeill, Human Resources Director Anne Thompson, Librarian Mike Williams, Community Planner Tasha McDowell, Communications Coordinator Christian Ortiz, Administrative Support Specialist Connie Jernigan, Attorney Tilghman Pope, and City Clerk Tammy Williams. Guests recognized by Mayor Harris: Emily Weaver with The Daily Record INVOCATION Mayor Harris opened the meeting at 7:00 p.m. and Rev. Danielle Maynor, Fine Arts and Senior Adults Pastor at Gospel Tabernacle Church, gave the invocation. Afterwards, the Pledge of Allegiance was recited. AGENDA ADJUSTMENT AND APPROVAL Motion by Council Member Maness and second by Council Member McNeill to adopt the June 11, 2019 meeting agenda as presented. Motion unanimously approved. C7124180yi COAM-1 New Employee Introductions The following employees were introduced to the Council: Kenneth Santana, Police Officer I; Tim Naylor, Water Treatment Plant Operations Specialist; and Patrick Johnson, Cemetery Maintenance Worker. Girl Scout Troop 56 — Little Free Libraries Members of Girl Scout Troop 56 presented their "Little Free Libraries" project to be placed in three different locations in Dunn including one to be placed in a City Park. The Scouts will collect books and maintain the LFLs that allow children to "take a book; leave a book." This service will help the troop earn the Girl Scout Bronze Award, which is the highest leadership award a junior girl scout can earn. PUBLIC COMMENT PERIOD The Public Comment Period was opened by Mayor Harris at 7:13 p.m. Having no comments, the Public Comment period was closed. Mayor Harris recessed the meeting to begin Public Hearings. PUBLIC HEARINGS: Budget for Fiscal Year 2019-2020 Mayor Harris opened the Public Hearing at 7:14 p.m. The public has been notified that the City Council of the City of Dunn will hold a public hearing for the purpose of receiving public comment concerning approval of the Fiscal Year 2019-2020 budget. The Public Hearing was duly advertised on May 31, 2019. A copy of the Legal Notice is incorporated into these minutes as Attachment #I. Comments were made by Ronnie Autry, former City Manager, expressing concerns regarding the retirees insurance for those 65 and older. Questions were addressed to Mr. Autry by Mayor Harris and Council Member Maness. With no additional comments, the Public Hearing was closed at 7:34 p.m. Rezoning Request RZ-03-19; Charlie Yokley — McAdams (applicant), ONH Properties, LLC (owner) 800 block of East Cumberland St. PIN# 1516-85-6058.000 and 1516-85-7018.000 Mayor Harris recused himself from the Public Hearing as ONE Properties, LLC is the owner of said property. The Public Hearing was opened by City Attorney Tilghman Pope at 7:35 p.m. The public has been notified that oral and written comments will be heard and received concerning the request by Charlie Yokley-McAdams/ONH Properties, LLC to rezone approximately .27+/- acres located at the 800 block of East Cumberland St. The parcels are currently zoned R-7: Single Family Dwelling District and are proposed to be rezoned to C-3: Highway Commercial District. The public hearing was duly advertised on May 21, 28, and June 4, 2019. A copy of the Legal Notice is incorporated into these minutes as Attachment 92. Charlie Yokley representing Charlie Yokley — McAdams introduced himself to the Council and offered to answer any questions. Hearing no further comments, the Public Hearing was closed at 7:37 p.m. Ordinance Amendment OA -04-18; Chapter 22; Article IH of the Zoning Ordinance Mayor Harris opened the Public Hearing at 7:37 p.m. This is a request to hereby amend Chapter 22, Zoning Ordinance, of the City of Dunn Code of Ordinances; Article III. This amendment will add minimum lot dimension requirements for outparcels for the C-2: Shopping Center District. The Public Hearing was duly advertised on May 21, 28, and June 4, 2019. A copy of the Legal Notice is incorporated into these minutes as Attachment #2. Hearing no comments, the Public Hearing was closed at 7:38 p.m. Consideration of Ordinance to Demolish House -204 Ammons Rd: PIN # 1515-49-8767.000 Mayor Harris opened the Public Hearing at 7:38 p.m. The public has been notified that oral and written comments will be heard and received concerning the condemnation and demolition of the single-family structure owned by PRI Ulfet Valerie Thompson located at 204 Ammons Rd. Dunn, NC. The public hearing was duly advertised on May 31 and June 4, 2019. A copy of the Legal Notice is incorporated into these minutes as Attachment 93. Comments requesting an extension were made by Valerie Thompson and Rosemary Kennis concerning the Kennis' plan to purchase the property and refurbish. Hearing no further comments, the Public Hearing was closed at 7:40 p.m. Consideration of Ordinance to Demolish House — 602 E Pearsall St: PIN # 1516-75-1263.000 Mayor Harris opened the Public Hearing at 7:40 p.m. The public has been notified that oral and written comments will be heard and received concerning the condemnation and demolition of the single-family structure owned by Clara Belle M. Johnson located at 602 E Pearsall St. Dunn, NC. The public hearing was duly advertised on May 31 and June 4, 2019. A copy of the Legal Notice is incorporated into these minutes as Attachment 43. Comments asking for an extension so the house could be sold were made by Herbert Johnson and Clara Belle Johnson. Hearing no further comments, the Public Hearing was closed at 7:43 p.m. Mayor Harris reconvened the Council meeting at 7:43 p.m. CONSENTITEMS: Minutes — Council considered approval of the minutes of May 7, 2019 Special Called Budget Work Session. Minutes — Council considered approval of the minutes of May 14, 2019 City Council Meeting. Temporary Blocking of Street for State Tournament at Tyler Park. Temporary Blocking of Street for Harnett Regional Theatre's "Frozen Jr" event. Approval of Resolution to Change Street Name from Holland Avenue to Corinth Avenue. A copy of the Resolution (82019-09) is incorporated into these minutes as Attachment #4. Motion by Council Member Bradham and second by Council Member McNeill to approve all consent items. Motion unanimously approved. ITEMS FOR DECISION: Rezoning Request RZ-03-19; Charlie Yokley — McAdams (applicant), ONH Properties, LLC (owner) 800 block of East Cumberland St. PIN# 1516-85-6058.000 and 1516-85-7018.000 Mayor Harris recused himself due to being the owner of the property. City Attorney Pope confirmed that Council Member Maness must vote by law and is not eligible to be recused. Mayor Pro Tem McLean proceeded with the request to rezone two (2) parcels totaling .27+/- acres located at the 800 block of East Cumberland St. The property is zoned R-7: Single Family Dwelling District and are proposed to be rezoned to C-3: Highway Commercial District. The Planning Board met on May 28, 2019 to review the request, receive comments from the public and the board voted unanimously to recommend approval of this request. Motion was made by Council Member Tart and second by Council Member Bradham to approve rezoning request RZ-03-19 to rezone two (2) parcels totaling 27+/- acres, located at the 800 block of East Cumberland St. from R-7: Single Family Dwelling District to C-3: Highway Commercial District. Motion unanimously approved. Ordinance Amendment OA -04-18; Chapter 22; Article IH of the Zoning Ordinance Mayor Harris presented the proposed amendment to add minimum dimension requirements for outparcels for the C- 2: Shopping Center District: (d.) Width of lot: 100 ft. and (e.) Depth of lot: 100 ft. The Planning Board met on May 28, 2019 and voted unanimously to recommend approval of the amendment. Motion by Council Member Turnage and second by Council Member Maness to amend Ordinance Amendment OA - 04 -18; Chapter 22; Article III, Division 7, Section 22-164 (2) of the Zoning Ordinance to include d. Width of lot: 100 ft. and e. Depth of lot: 100 ft. Motion unanimously approved. A copy of the Ordinance 02019-04 (OA -04-18) is incorporated into these minutes as Attachment 45. Consideration of Ordinance to Demolish House -204 Ammons Rd: PIN # 1515-49-8767.000 Chief Building Inspector King has conducted an inspection at 204 Ammons Rd. and based upon his observations, the structure failed to comply with the minimum standards of fitness established by the Minimum Housing Code of the City of Duan. The owner of the property has failed to comply with the Building Inspector's order and according to N.C.G.S. §160A-443, the City Council has the power to proceed with the demolition of this property. Mr. King stated the owner made an appeal at last month's meeting but it was denied. Little to no repairs have been made and no permits have been issued, however there is a potential new owner. City Attorney Pope shared that he did receive a telephone call from the potential owners' attorney, Isaac Parker, to confirm that funds were deposited in his trust account to move forward with the purchase. Motion by Council Member Maness and second by Council Member Turnage to table the Ordinance to Demolish until the September meeting with the understanding that the house is required to be back to Minimum Housing Code at that time. After discussion and clarification, the motion was unanimously approved. Consideration of Ordinance to Demolish House — 602 E Pearsall St: PIN # 1516-75-1263.000 Chief Building Inspector King has conducted an inspection at 602 E. Pearsall St. and based upon his observations, the structure failed to comply with the minimum standards of fitness established by the Minimum Housing Code of the City of Dunn. The owner of the property has failed to comply with the Building Inspector's order and according Pel to N.C.G.S. § 160A-443, the City Council has the power to proceed with the demolition of this property. Mr. King added that none of the unsafe issues had been addressed at the time of the last inspection. The owners are trying to sell the property as -is and has a realtor prepared to sell within 30 to 60 days. After discussion, motion by Council Member Maness and second by Council Member Bradham to table the Ordinance to Demolish until the July meeting. Motion unanimously approved. Joint Sale of Real Property City Attorney Pope presented the proposed resolution for a joint sale of Real Property. The County and City have been approached by the Trustees of the Harnett Chapel Freewill Baptist Church (Harnett Chapel) regarding the purchase of real property located at East Edgerton St. in Dunn. The property is jointly owned by the City and County and is a 50 foot x 150 foot vacant tract contiguous to Harnett Chapel. The property would be sold with "Notice to sell Real Property with Invitation for Upset Bids." By approving the Joint Resolution, any purchase price accepted and received by both the County and City, will be evenly divided between the parties when the transaction is closed. Motion by Council Member McLean and second by Council Member McNeill to approve thejoint resolution by the Harnett County Board of Commissioners and the City of Dunn Council to sell real property located at East Edgerton St. Motion unanimously approved. A copy of the Resolution (82019-10) is incorporated into these minutes as Attachment 46. Acceptance of $150,000 Grant for Wastewater Asset Inventory & Assessment Public Utilities Director Adams presented letter offering the Wastewater Asset Inventory and Assessment Grant from the Water Infrastructure Fund in the amount of $150,000 for the purpose of updating the existing wastewater system map, CCTV of critical sewer lines near streams and major drainage structures, develop an Asset Management Plan along with updating the existing Capital Improvement Plan. This grant will allow the City to upgrade its current wastewater system map with a more accurate survey and database of system components (i.e. lines, manholes, air release valves) using GPS/GIS technology. The current Capital Improvement Plan was last updated in 2011. The completion of the GIS database and CCTV work will assist in updating the Capital Improvement Plan, which will allow the City to better plan for future wastewater system improvements and inflow/infiltration projects. After discussion, motion by Council Member McLean and second by Council Member Tumage to adopt the resolution accepting the Wastewater Asset Inventory and Assessment Grant offer in the amount of $150,000 and making the applicable assurances contained therein and for Council to authorize City Manager Neuschafer to enter in to a contract with WithersRavenel to assist the City with completing the Wastewater Asset Inventory and Assessment project. Motion unanimously approved. A copy of the Resolution (82019-11) is incorporated into these minutes as Attachment #7. Amendment #1 to SRO Program MOU and Renewal of SRO MOU for FY 2019/2020 City Manager Neuschafer presented Amendment #1 and Renewal letter for the School Resource Officer (SRO) Program. The Memorandum of Understanding (MOU), between the City of Dunn and Harnett County Schools to provide SROs for Harnett Primary School and Wayne Avenue School expires on June 30, 2019. The amendment allows for both parties to mutually renew the MOU at the expiration of the then -current term and the Renewal letter renews the MOU for the 2019-2020 Fiscal Year. Motion by Council Member Turnage and second by Council Member Maness to approve Amendment #1 of the SRO Program MOU and to approve the Renewal Letter of the MOU on the same terms and conditions for a term of 12 months beginning July 1, 2019. Motion unanimously approved. A copy of the Amendment #1 and the Renewal letter is incorporated into these minutes as Attachment #8. Black River Wastewater Treatment Plant Aeration Project -Approval of Listing Preferred Equipment Providers in the Bid Documents Public Utilities Director Adams asked that the Council pre -approve preferred equipment providers to be listed in formal bid documents and specifications for the Wastewater Aeration Project as required by North Carolina General Statute 133-3. During planning and design, staff recommended that Aerzen positive displacement blowers and SSI Aeration diffuser membranes be listed as the preferred equipment providers for the project. The bid documents and specifications may list one or more preferred brands as an alternate to the base bid, however the base bid specifications shall allow for other manufacturers to competitively compete on the project. The project bid forms will be structured with a competitive open base bid and an alternate bid for the preferred equipment. After discussion, motion by Council Member Maness and second by Council Member Bradham to approve listing Aerzen and SSI Aeration Systems in the bid documents as the preferred equipment providers for the Black River Wastewater Treatment Plant Aeration Project as set forth in North Carolina General Statute 133-3. Motion unanimously approved. NC DOT Use and Occupancy Agreement—Utility Construction Project I-5877 Public Utilities Director Adams presented proposed agreement for the use and occupancy terms set -forth by the NC Department of Transportation for a public sewer pump station and force main that will be constructed as part of the I-95 widening project from SR 1811 (Bud Hawkins Rd- Exit 70) to SR 1002 (Long Branch Rd- Exit 71). The public sewer pump station and a force main will become part of the City's sewer system and will replace an existing private sewer pump station and force main (Hardee's Travel World) that is in conflict with the roadway improvements. This is a NC Department of Transportation design/build project and work will be completed at the expense of the NC Department of Transportation in accordance with General Statute 136-27.1 After discussion, motion by Council Member Tart and second by Council Member McLean to authorize City Manager Neuschafer to execute the Use and Occupancy agreement between the City of Dunn and the NC W Department of Transportation for a sewer pump station and force main that will be constructed at Hardee's Travel World as part of the I-95 widening project. Motion unanimously approved. A copy of the Use and Occupancy Agreement is incorporated into these minutes as Attachment #9. ITEMS FOR DISCUSSIONAND/OR DECISION. Fiscal Year 2019-2020 Budget City Manager Neuschafer presented the proposed Budget based on the input received from department heads and the Council at the Budget Retreat and the following Budget Work Sessions. The proposed balanced budget, for the fiscal year 2019-2020, has no ad valorem tax increase. He also presented the fees schedule to be adopted with the Budget Ordinance. Council Member Maness expressed concerns with the health insurance issues for the retirees 65 and older and felt that this issue needed to be addressed. City Manager Neuschafer said that after research on the products, the retiree insurance can come back to the Council for decision and a possible budget amendment. After discussion, motion by Council Member Turnage and second by Council Member McLean to adopt the Fiscal Year 2019-2020 Budget as presented (to include the Budget Ordinance and Fee Schedule). Motion passed 5-1 with Council Member Maness opposed. A copy of the Budget Ordinance and Fee Schedule (02019-05) is incorporated into these minutes as Attachment #10. Non -Profit Allocations for 2019-2020 Applications were received by the February deadline by 15 organizations for the Non -Profit allocations for FY2019- 2020. A packet including the checklist, application, and cover letter (if received) of non -profits, meeting the basic requirements, were distributed to the Council on May 30, 2019. The FY2019-2020 Budget allocates $20,000 for non-profit organizations. Discussion followed on revising the application process to include accountability for any funds received in the prior funding year. After discussion, motion by Council Member McNeill and second by Council Member Bradham to approve the following allocations for the 2019-2020 fiscal year: Dunn Area History Museum - $3,000 DUMA Food Pantry - $4,000 Harnett Regional Theatre - $2,500 DOORS — Stewart Theatre - $2,000 Beacon Rescue Mission - $3,000 Simply Girls, Inc. - $3,000 Wilkins Cemetery Community Committee - $2,500 After discussion, motion passed 5-1 with Council Member Tart opposed. Advisory Board Appointments Mayor Harris reappointed the following to the Dunn Housing Authority: Lois Dail with a term to expire 06/30/2024 and Sadie McLamb for a term to expire 06/30/2020. Motion by Council Member Maness and second by Council Member Turnage to reappoint Lynn Jernigan to the ABC Board for another term. Motion unanimously approved. Motion by Council Member McLean and second by Council Member McNeill to reappoint Shirley White -McNeill to the Library Board of Trustees for another term. Motion unanimously approved. Motion by Council Member Turnage and second by Council Member McLean to reappoint Laronda Abney and Keith Williams to the Parks and Recreation Advisory Board for another term. Motion unanimously approved. Motion by Council Member Turnage and second by Council Member Bradham to appoint Brian Hudson and Lynn Tart Godwin to the Planning Board with thanks to Blaine Everhart and Patsy Powell for their selfless service on the Planning Board. Motion unanimously approved. Motion by Council Member Maness and second by Council Member Tart to appoint Rachel Yeatman Hayes to the Library Board of Trustees. Motion unanimously approved. Motion by Council Member Maness and second by Council Member McNeill to appoint Jonathan Roy Weathers to the Board of Adjustments. Motion unanimously approved. The Mayor asked for the Clerk to give the Council an updated list of the Advisory Boards and a list of the vacancies. Financial Report/Assessments Update Finance Director Roberts provided the financial report for the period ending May 31, 2019 as follows: $3,827,533 in cash in the General Fund and $2,315,884 in the Water -Sewer Fund. As of May, 2018, $3,995,987 in General Fund and $2,023,266 in Water and Sewer Fund with the major difference related to the expenditure for the new meter system. Property tax collections - $3,824,296 or 99% of budget with last year - $3,831,768 also 99% of budget. Sales Tax Revenue - $1,459,294 or 67% of budget. Benchmark for this report is 66% of budget. Utilities Sales Tax - $349,984 or 49% of budget. Benchmark for this report is 50% of budget. Building Permit Fees - $72,693 or 97% of budget. Benchmark for this month is 92% of budget. Water and Sewer Revenues - $4,338,190 or 91% of budget. Expenditures are at 82% of budget in the general fund and 83% of budget in the water and sewer fund. The benchmark for this period is 91.6% of budget. Mayor Harris informed the Council that there will be a need for a special called meeting of the Council prior to July 1, 2019 for budget amendments. 29 ADMINISTRATIVE REPORTS Reports received: Tax Report, Communications/Public Information, Planning and Inspections Report, Public Works Report, Public Utilities Report, Parks and Recreation Report, Library Report and Police Report. Motion by Council Member McLean and second by Council Member McNeill to acknowledge receipt of Administrative Reports. Motion unanimously approved. City Manager's Report City Manager Neuschafer reminded Council about previous discussion on requiring all debris be placed in the front for pickup. The City needs to move from using the alleys due to wear and tear on the alleyways and due to the issues related to the size of the trucks. He wanted to make sure Council is aware that the City is planning to move forward with the education campaign for the residents and begin working through any issues. Mayor Harris asked the City Manager to renegotiate the contract with Republic Services, since they will not have to go through the alleys after this change. ANNOUNCEMENTS Mayor Harris announced upcoming events and activities and also shared a card of thanks from the family of the late former Mayor Abe Elmore. With no further business to discuss, a motion was made by Council Member McLean and second by Council Member Maness to adjourn the meeting at 9:46 p.m. Motion unanimously approved. `,. G\TY OFO., ::GORPOggTc�2Z = Attest: 2 . 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