128  Dunn City Council Regular Meeting Tuesday, January: 12,2021 7:00 p.m., Dunn Municipall Building  Minutes  PRESENT: Mayor William P. Elmore Jr., Mayor Pro Tem Dr. David L. Bradham, Council Members J. Wesley Sills, April Gaulden, Frank McLean, Billy N. Tart, and Chuck Turnage. Notice, relating to the Also present: City Manager Steven Neuschafer, Assistant City Manager Mathew Boone, Finance Director Jim Roberts, Planning Director George Adler, Chief Building Inspector Steven King, Chief of Police Clark White, Human Resources Director Anne Thompson, Communications Coordinator Kaitlin Adkins, City Attorney Mayor Elmore opened the meeting at 7:00 p.m. and Rev. Howard Dudley, Pastor at First Presbyterian Church gave thei invocation. Afterwards, Councill Member Gaulden! ledi int the Pledge ofA Allegiance. Motion by Council Member Sills and second by Council Member Gaulden to adopt the January 12, 2021  Special! Meeting Conditions, is incorporated: into these minutes as Attachment: #1.  Tilghman Pope, and City Clerk Tammy Williams. CALLTOORDER ANDI INVOCATION AGENDA. ADJUSTMENT. AND APPROVAL  meetinga agenda as presented. Motion unanimousiyapproved. Employee. Recognitions- Police) Department Justice Training & Standards Commission.  PRESENTATIONS  Chief White recognized Lt.I Matt Smith for receiving his certificate for completion oft the Leadership Institute and Leadership Certificate Program through the North Carolina Justice Academy. He also recognized Sgt. Jonathan Butler, who received his Advance Law Enforcement Certificate from the North Carolina Criminal  Chief Whitei introduced: new Officers: ChristopherS. Keon: and) Joshua' T.E Elliott Mayor Elmoret thanked Doug Heathf for hisf fifteen years ofs service tot the Dunn Planning Board.  PUBLIC COMMENTI PERIOD Comment period was closed. CONSENTI ITEMS  The Public Comment Period was opened by Mayor Elmore at 7:11 p.m. Having no comments, the Public  Approval ofther minutes ofthel December 8, 2020 City Council Meeting.  Approval oft the minutes oft thel December 17, 2020 Special Called Meeting Joint meeting with Town of Approval of Resolution declaring badge and service weapon carried by Harold Dwayne Collins surplus and awarding tol him on his retirement A copy of the Resolution (R2021-01) is incorporated into these Approval ofthe Budget Planning Retreat tob bel held att thel Hotel Ballasti in Wilmington on] February 19-20, Motion by Council Member Turnage and second by Mayor Pro Tem Bradham to approve all consent items.  Benson and' Town ofFour Oaks. minutes as attachment: #2. 2021.  Approvalt to extend thel Emergency SickI Leave (Covid-19).  Motion unanimously approved. ITEMSI FORI DISCUSSION. AND/OR DECISION Ordinance tol Demolish- 706,710, 8001 NI Fayetteville. Ave  Chief Building Inspector King reported that the ordinance was tabled att the December 2020 meeting, to give the property owner until the January 2021 Council meeting to have asbestos abated and all buildings demolished and removed. Asbestos has been removed, notification provided for demolition to proceed, Mayor Elmore: addedt that he personally spoket tol Mr. Mize with" Thel Lester Group and shared the concerns of the board. He said the property was released on December 29th by the City and with an additional 30 days, Council Member McLean added that the gentleman (speaking of the contractor, Mr. Godwin) says he only needed 30 days andi it seems like therei is more debris and materials now than before. He added his concern fort the residents surrounding the property. Mayor Pro Tem Bradham asked ifaj permit for the stone crushing business wasi issued. King replied that the only permit issuedi isa demolition permit and a verbal agreement that the equipment: is okt tol bet there asl longa as the demolition ist taking place. Council Member Tart added,if the property was not released until December 29th, that only gave them a couple of weeks to demolish the buildings. Hef feelsi itv willl ber morel beneficialt tot the cityi ifMr. Godwin willl handle the demolition as planned,  however thel buildings ares still not down.  Mr. Mizea assuredi thel Mayor that they will take care oft the demolition.    129  saving time and money for the city. Council Member Gaulden stated she drives by the site daily and nothing has been done and she firmly stated that nothing elses should be broughti into the site. Thisi is not goodf for her constituents there and everything needs to be done in thirty days rain, sleet or snow. Council Member Turnage added that iti is the responsibility of the owners of the property to supervise and see that this demolition is done. Mayor) Pro Tem Bradham asked! how mucht the demolition would costi ift the city did! handle and King estimated cost in 6 figures. Bradham answered he wants to save tax dollars but we can't keep letting this happen. Hei furthers stated that he will vote fora ane extension this time but will not vote to extendi it Council Member Sills read a prepared statement to be inserted in the record. "Mr. Mayor, fellow council members, andj fellow citizens, Ioffer these prepared remarks for reasoning as to why Iam voting to adopt the ordinance for demolition oft the Godwin Building Supply property and whyl Iami urging others toc do as well. 2.7 The contractor and owner made little progress for many months, citing complications due to asbestos. 3. While presumably waiting for asbestos abatement, the contractor has admitted to illegally using the. site to crushing concrete and other debris which was then sold. This side business is in violation of several city ordinances, including the fact no business license has been issued and this type of business is prohibited by 4.7 The city councilt requested the owner construct a privacy fence to minimize the risk to public safety and well- 5.1 The city council requested the owner install gravel crush and run rock driveways to minimize dirt/mud on 6. The city council demanded Mr. Godwin produce and commit to a timeline for demolition after asbestos abatement. His timeline was. 3-50 days, as noted in our official, approved minutes. Twelve business days have passed since asbestos abatement, which was complete on Dec 19th. Therefore, his commitment has not been These facts are not in dispute. The city council has repeatedly attempted to solve this public crisis without assuming control of the property. Repeatedly, little to no progress has been made to mitigate the hazard to public safety and community harmony. No one can disagree that this property is an eye sore. Residents oft the area are negatively impacted by the so-called 'demolition" which seems to have no end in sight Dust, noise, large trucks, and poor visuals are not what these residents signed upj for when purchasing these properties nor should they unfairly beart the costs inc diminished: safety andj falling property values generated by the contractor's failure tou uphold) his word. This council had an opportunity to take control oft this property last month, puttingo a Iam thej first to admit assuming control ofthe property is not, under ordinary circumstances, ideal.. In the short term, this will require a capital outlay around 100k, maybe more, maybe less, to demolish and restore the property. This is not a sum Itake lightly. However, there are clear paths to recouping this investment, albeit it will be several months toj years. In addition, we must recognize we are not faced with ordinary circumstances. When I called several members of the community as well as my constituents for advice on this issue, they all expressed concern about the amount oft tax money which would need tol be expended; however, they all said, they alls said, they wouldr not tolerate looking out their windows ands seeing this sad state ofa affairs. Iam touched. by their solidarity with their fellow citizens who are negatively impacted by this never-ending demolition. The $100k question, maybe more, maybe less, is, should we spend public tax money taking control of this demolition and actuallyf finishing thej job? Icans say, unequivocalyyesi is the answer. 1.Isay) yes becausel here, wel believei inf fairp play. Allowing any side business to continue without proper permitsi is as slapi int thef face to allt the otherk businesses, large and small, who play by the rules and pay money) forai permit. 2.1s say yes because here, we believe in our town's value. Dunn and the Chamber of Commerce have spent thousands of dollars oftaxr money and! private money, respectively, on reimaging our city. Whato does itsay about oure effortst tor reimage our city andt there isa quasi-rock quarry operation in ther middle ofouro city? 3.Is say yes because here, we believe inp property rights. All of our citizens, and especially residents close to the site, are negatively impacted! by this failure ofg government They dor not deserve it. Enlightenment: thinker, John Locke wrote that) humans) have ani inalienable right to life, liberty, and property. We alk know that set ofprinciples wast the basis for) Jefferson's immortal Declaration ofi Independence." Iam fondo of a lesser known document entitled, "The Virginia Declaration of Rights" drafted by George Mason, a That all men are by nature equally free and independent, and have certain inherent rights, ofwhich, they enter into a state ofs society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means ofa acquiring and possessing property, and pursuing and obtaining happiness and Iask, will our actions tonight echo the thoughts of Lock, Mason, and Jefferson? Will we protect the private property rights ofo our neighbors? Will we, the City Council, fulfill our part of the social contract, the unspoken but foundational agreement between our liberty and our government? Our Libertarian friends deridez zoning as  again.  First, leti us begin byr reviewing thef facts oft thei issue ath hand: 1.7 This business startedi in Septemberof2019.  zoning int this area oftown. being. Onel has noth been installed. public roads. One has notl been laid.  met.  swifte endt tot this ordeal.  Wel havet this opportunity again, and wes should take it.  Wec arej faced withs steering a clear path tos solve the problem at/ hand.  Isay yes because oft thej following:  contemporayofleferson Masons states:  safety.    130  an unnecessary. burden. Liberals. say zoning and ordinances do not protect citizens enough. As a Republican, I am in the middle. We have given due process to the owners and to the contractor. We have been more than generous inc our timelines for completed demolition. We, ast the city council, need to acti now, decisively. James Madison, writing as Publius in "The Federalist Number. 51" famously quipped, "f men were angels, no government would be necessary, If angels were to govern men, neither external nor internal controls on government would be necessary." When I am judged by my constituents three years from now, and by the Almighty, hopefully, many, manyyearsf from now, Iwill proudlys sayl Istood up fore everyone, equally. In closing, Dunn has manyo areas ofv weaknesses and many areas ofs successes, as do all cities. What makes Dunn special is ours sense of community and family values. Our City Council has an opportunity tonight to send a loud and clear messaget to allt thel hucksters, charlatans, slum lords, and: slackers that Dunni is not a dumping ground. Dunni ist not an expendable resource. Dunn isn nots some. 3rdi world country. Dunni isc our home and we will protect James Rankin wasi recognized forr remarks and restated his frustration with the dust from the stone crushing. Motion! by Council Member Turnage and second by Council Member Tart tot table until the February meeting to allow time for the demolition and for al letter tol be sent to' The Lester Group to provide oversight oft the Ordinance to deem property Unfitf for Humanl Habitation- 906: and 9081 NO Clinton Ave Chief Building Inspector King reported thatt the ordinance to deem the property Unfit for Human Habitation was tabled by City Council at the September 8, 2020 meeting until the October 13, 2020 meeting for an update ont the outstandingi repairs. As ofI December: 29,2 2020, there aret three items ont the repair list thath have not been completed. King added that D & HI has contracted to get the gas tank repaired and since they are getting the canopy relocated, they have not done the restriping of the parking lot. Hemir Alsanda spoke to Council and: shared thatt they hadt to contract withs someone out ofs South Carolina to repairt the tanks and there isal lot involved with the State, due to many regulations and guidelines, so he is not sure that it will be Motionl by Council Member Tart: and second by Council Member Turnage to table until the February meeting Chief Building Inspector King reported Council tabled the demolition att the July 14, 2020 meeting to allow potential buyer, Curtis Miles, additional time to acquire ownership oft the property. It was agreed upon that ther mains structure could bel kept and repaired, butt the other structures will need tol ber removed by the owner orb byt the Cityt to conform to Zoning Regulations. Itv wast tableda again att the August and September meetings, to allow time to demolish structures and to renovate the house. King added that Mr. Miles has done an outstandingi job on thes structure: andi is already down tot the final inspections. Due tol his reputation and based Motion! by Council Member: Sills and second by Council Member McLean to deny the Ordinance to Demolish Chief Building Inspector King reported that the ordinance to demolish the storage building was tabled att the November 10, 2020 Council meeting to allow the property owner time to make repairs or have iti removed. King addedt that hel has not heard anythingi from the property owners and as oft today, the building still looks Motion! by Mayor Pro Tem Bradham and second by Council Member Sills to adopt the ordinance directing the Building Inspector top proceed with the demolition oft thes storage! buildingl located at 8091 EF Pearsall St (PIN #: 1516-84-1822.000). Motion unanimously approved. A copy of the Ordinance (02021-01) is incorporated Chief Building Inspector King reported that this ordinance was tabled by City Council at the November Council meeting until the January 2021 Council meeting to allow the owner time to make the necessary repairs to the dwelling. King said some repairs have been done only mechanical passed and he estimated that 35% oft the work has been done since tabled. Council Member McLean shared the conversation he had witht the contractor concerning the amounto ofv workt that has been done. Kinga added that] February will makea year that hel has been dealing with this property. He also stated there were some issues with unlicensed Motionb by Council Member Turnage and second! by! Mayor Pro Tem Bradham to adoptt the ordinance directing the Building Inspector to proceed with the demolition of the dwelling located at 614 E Divine St. (PIN #: 1516-75-5460.000). Motion approved with Council Member McLean opposed. A copy of the Ordinance  it,f foro ourselves and our posterity. Thankyou."  project. Motion: approved with Councill Member Sills opposed.  handledi in thirty days.  for ant update. Motion unanimously: approved. Ordinance tol Demolish- 503ECarrSt  on what hel has already done, King recommended denying the ordinance. 503ECarr St. Motion unanimously approved. Ordinance tol Demolish- 8091 EPearsall St- storagel building  thes same.  into these minutes as attachment: #3. Ordinance tol Demolish- 614EDivine: St  contractors ont this property.  (02021-02) is incorporated. into theser minutes as attachment #4.    131  Consideration to Selll Reall Property- 415SM Magnolia Ave  City Manager Neuschafer reported that the Cityl has received an offer of $8,000, by Lucknow Homes LLC, to purchase real property located at415SM Magnolia Avenue: in Dunn. Offer tol Purchase was received by the City Ifthe Council wishes top proceed with the sale oft the property, the property would bes sold with' "Notice tos sell Real Property withl Invitation for Upset Bids." Consideration tos Sell thel Property was tabled att thel December Motionl by Council Member' Turnage ands second by Council Member Gaulden to approve thel Resolution to Sell Real Property pursuant to the Notice and Upset Bids procedure as set forth in N.C. General Statute $160A- 260. Motion unanimously approved. A copy oft the Resolution (R2021-02) is incorporated: into these minutes Finance Director Roberts made a request to secure a loan for the purchase of servers and equipment including: Two PowerEdge R640 servers, Two PowerSwitch S41112F-ON switches, and a Dell EMC PowerStore 1000T-AMER base. The total loan for this equipment will be approximately $110,000 with a repayment term of four (4) years, at an interest rate of 1.80% (Bank Qualified) making payments in the Motion by! Mayor Pro' Tem Bradham and second by Council Member! McLean to approve al loan through First Citizens Bank int the amount of $110,000 to pay for the purchase and installation of computer servers and related equipment for use by the City and authorize the Mayor and City Manager to execute any and all documents: associated withi this Resolution. Motion unanimously: approved.A copy ofthe Resolution (R2021- Request for Letters of Interest and Statement of Qualifications - Merger/Regonalization Feasibility Assistant City Manager Boone presented thata al Request for Letters ofI Interest and Statement of Qualifications were published inc order tol begint thej process ofs selecting ane engineering firm based on qualifications to assist witht thel Merger/Regionalization: Study andt the Water' Treatment Plant Design. The City received at total ofsix Statement of Qualification for thel Merger/Regionalization, Study and the Water Treatment Plant Design. Of those received, City Staff reviewed and scored each usingt the same criteria for comparison. Staff short listed three firms and conducted in person interviews on November 13, 2020 and November 18, 2020. WithersRavenel received thel highest collective score and therefore staff ist recommending that the City move Motion by Council Member Turnage and second by Council Member Gaulden to authorize staff to begin working with WithersRavenel to negotiate the scope of work and fees associated with both the Merger/Regionalization: Study and design of the Water' Treatment Plant and furthermore draft contracts for City Manager Neuschafer: presented! recommendation that the City move forward with a stormwater fee study as required. This study will recommend a fee structure that is solely based upon the amount ofi impervious surface area on an individual property, to make the fee each property owner pays, proportionate to the impact on the stormwater infrastructure. Since the total estimated professional fee for engineering will be less than $50,000.00, it is recommended that the City continue to exempt itself from the Mini-Brooks Act Motion by Council Member McLean and second by Council Member Turnage toa authorize the City Manager to move forward with soliciting firms to provide proposals for completing a stormwater fee study, along with approval ofr resolution exempting the City from the Mini-Brooks. Act according tol N.C.G.S. 143-64.32, provided thats such contracti is $50,000.00 or less as setf forthi in! N.C.G.S. 143-64.32. Motion unanimously approved. A City Manager Neuschafer presented recommendation that the City move forward with a street pavement condition: study, which will objectively evaluate the condition of every paveds street the City is responsible for maintaining. The city has previously depended on the recommendation from department heads concerning whichs streets needed resurfacing. This study will have aj prioritization based upon actual field conditions and will present the recommendations based upon extending the useful) life oft the pavement system. Since the total estimated professional fee for engineering willl bel less than $50,000.00, itis recommended that the City Motion by Council Member Turnage ands second by Mayor Pro Tem Bradham to authorize the City Manager to move forward with soliciting firms to provide proposals for completing a pavement condition study, along with approval of resolution exempting the City from the Mini-Brooks Act according to N.C.G.S. 143-64.32, provided that such contract is $50,000.00 or less as set forth in N.C.G.S. 143-64.32. Motion unanimously approved. A copy oft thel Resolution (R2021-05) is incorporated into these minutes as attachment: #8.  Clerk onl November 24, 2020. 2020 Council Meeting. as attachment: #5.  Funding Computer: Server Purchase  amount ofa approximately $29,000 per year.  03)is isi incorporated into these minutes as attachment #6. Study and Water Treatment Plant Design  forward with' WithersRavenel: inc contracti negotiations.  Councils' review and approval. Motion unanimously: approved.  Stormwater Fee Study Resolution- Mini-Brooks Act  accordingt to N.C.G.S. 143-64.32.  copyofthe! Resolution (R2021-04) is incorporated! into these minutes as attachment #7. City-wide: Street Pavement Condition: Study Resolution Mini-Brooks Act  continue1 to exempti itselff from the! Mini- Brooks Acta according tol N.C.G.S. 143-64.32.    132  Council Goals/Reports  City Manager Neuschafer reported that thes second round of bids are due this Thursday for the stormwater ands street repairs. He updated that staff is waiting on DOT response on the crossings for the Tylert to Tart Park trail. Signage and street markings will nott takel long, thati isj justa a matter of allocating funds. Staff does notl have at timeline onl how longt the crossings will take on state right-of-ways, especially to ensure proper Neuschafer also updated ont the paver there is a learning curve with the operator and once training is City Manager Neuschafer updated Council that the cemetery crew will begin cleaning according to the established guidelines. Publicity was started this week to allow people time to remove any flowers or Financel Director Roberts provided the following financial report for the period ending December 31,2020: City has $6,925,847 in cash in the General Fund and Water-Sewer Fund combined, compared to Taxp payments received through! November 30, 2020 were $1,722,888 compared to $1,649,259i in 2019. Sales Tax Revenue continues tol be very strong with October receipts at $200,081 with total July through October of $866,631. Sales tax are up 18.1% from the same time last year, when total collected was Utilities Sales Taxi for thei firstt two quarters are $337,594, comparedt to $343,0481 for 2019. Building Permit Fees for the month of December were: $24,812, with total collected - $77,699 or 78% of Water and Sewer Revenues for the month of December were $486,485 compared to $432,981 in 2019. Total collected to date $2,988,998 or 51.1% ofbudget compared to $3,003,014 in 2019. The difference General Fund expenditures in December were $685,085, with total expensed to date of $5,219,118 or The Watera and Sewerf fund expenditures inl December were $453,831, with total to date of $2,658,255 or 36.5% ofb budget comparedt to $2,351,264 in 2019. Thel benchmark: fort this) periodi is 50% of budget. Reports were also received as follows: Communications/Pablic Information, Planning and Inspections Report, Public Works Report, Public Utilities Report, Parks and Recreation Report, Library Report and Police  crossing ofH Highway 301, wheret there ist nos signals system. completed, thep paver willl bet used for smaller projects year round.  Administrative Reports decorations prior tot the cleanup. $5,808,950 in 2019. $733,995.  budget compared to $69,064f for 2019. isrelatedt to COVID-19 payment deferrals. 44.8% of Budget, compared to$ $5,663,6191 in 2019.  Debt Service Report andI Liens and Assessment Report were: also presented.  Report.  Announcements/Information  Mayor Elmore: announced upcominge events and activities.  With nof further business to discuss and withi no objection, the meeting was adjourned: at 8:50 p.m.  OF DU SEAL H CA  dilar 6 EMayor  ORPORATE William P.E Elmore) Jr.  PELL  Attest:  Mamyllaliens  Tammy Williams City Clerk