City Council Regular Session October 7, 2013

Transcription

1 City Council Regular Session October 7, 2013 The City Council of the City of Elizabeth City met in regular session on Monday, October 7, 2013 in Council Chambers, located on the 2 nd floor of the Municipal Administration Building, 306 E. Colonial Avenue, Elizabeth City, NC. MEMBERS PRESENT: MEMBERS ABSENT: Joe Peel Councilwoman Jean Baker Councilman Ray Donnelly Councilwoman Anita Hummer Councilman Tony Stimatz Councilman Michael Brooks (Arrived at 7:08 p.m.) Councilman Kem Spence (Arrived at 7:22 p.m.) Pro Tem Lena-Hill Lawrence (Arrived at 7:05 p.m.) Councilman Johnnie Walton None OTHERS PRESENT: City Manager Rich Olson City Attorney Bill Morgan Finance Director Sarah Blanchard Planning Director June Brooks Chief of Police Eddie Buffaloe Electric Department Superintendent Karl Clow ECDI Director Rebecca Cross Human Resources Director Katherine Felton Public Utilities Director Paul Fredette Fire Chief Larry Mackey Inspections Director Stanley Ward Parks and Recreation Director Bobbi White Deputy Vivian White The City Council regular session was called to order by Joe Peel at 7:00 p.m. Peel welcomed everyone to the meeting and led in a moment of silent reflection and the Pledge of Allegiance to the American Flag. 1. Agenda Adjustments and Approval: Peel called for any adjustments to and approval of the agenda. Councilwoman Hummer requested that the agenda be amended to add the request for approval of a Live Fire Burn Training at 1855 Weeksville Road, Elizabeth City, NC. Motion was made by Councilwoman Anita Hummer, seconded by Councilman Tony Stimatz, to accept the agenda as amended. The motion carried unanimously by Baker, Donnelly, Hummer, Stimatz and Walton. (Brooks, Hill-Lawrence and Spence had not yet arrived.) 2. Proclamation: 1

2 Peel invited Mary Louise Slaughter, local president of the Gamma Iota Chapter of Alpha Delta Kappa to join him at the podium. Peel read and presented to her a proclamation declaring October 2013 as Alpha Delta Kappa Month in Elizabeth City. Ms. Slaughter thanked Peel and the City Council for the proclamation. 3. Public Comments: Peel invited Tawanna Taylor to the podium and advised her time limit of three minutes. Ms. Taylor advised that this was her second time coming before the City Council regarding her dismissal from employment with the City. She requested the Council s assistance in reaching a decision regarding the reinstatement of her employment. 4. Consent Agenda: Peel called on City Manager Olson for a review of the consent agenda. Motion was made by Councilwoman Jean Baker, seconded by Councilman Tony Stimatz, to approve the Consent Agenda, as presented. The motion carried unanimously by Baker, Brooks, Donnelly, Hill-Lawrence, Hummer, Stimatz and Walton. (Spence had not yet arrived.) Consent Agenda: a. Consideration Call for a Public Hearing on October 28, 2013 at 7:30 p.m. in City Council Chambers to correct and readopt Ordinance #02041 to correct a Scribner error in rezoning of property at the north end of Golf Club Drive in Fairway Estates; b. Consideration Call for a Public Hearing on October 28, 2013 at 7:30 p.m. in City Council Chambers to correct and readopt Ordinance # to correct a Scribner error in rezoning of property located at 1300 Walker Avenue; c. Consideration Adoption of Resolution supporting the adoption of the Albemarle Regional Bicycle Plan prepared by the Albemarle Commission and Albemarle RPO, as follows: RESOLUTION SUPPORTING ADOPTION OF THE ALBEMARLE REGIONAL BICYCLE PLAN WHEREAS, the Albemarle Commission and Albemarle RPO, participating local governments, and its subcontractor Alta/Greenways, has prepared the Albemarle Regional Bicycle Plan (the Plan); and WHEREAS, the purpose of the Plan is to study the feasibility of establishing an interconnected network of off-road and on-road bicycle facilities throughout the entire Albemarle region; and WHEREAS, the proposed bicycle network includes lands located within the multiple counties and municipalities of the Albemarle Region; and WHEREAS, the Plan process involved public participation; and 2

3 WHEREAS, the Plan was financed by a North Carolina Department of Transportation grant. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Elizabeth City that: a. The Plan and related materials are acceptable to the City of Elizabeth City; and further b. The Plan and related materials will be used to guide future bicycle transportation development, operations, and maintenance. ADOPTED this 7 th day of October Attest: d. Consideration Adoption of Budget Amendments to record forfeiture funds received by Police Department, bulletproof vest grant funds and community support grant awards, as follows: Budget Amendments BE IT ORDAINED by the City Council of the City of Elizabeth City that the following amendments be made to the annual budget ordinance for the fiscal year ending June 30, 2014: SECTION I. That the General Fund Forfeiture Funds ( ) and Police Department Travel & Education ( ) be increased by $905. (To record forfeiture funds received by Police Department.) SECTION II. That the General Fund Bulletproof Vest Grant ( ) and Police Department Bulletproof Vest Expenditure ( ) be increased by $2,000. (To record bulletproof vest grant funds.) SECTION III. That the General Fund Contingency ( ) be decreased by $45,100 and the following Community Support Grants be increased: ( ) Food Bank of the Albemarle 7,500 ( ) YMCA 1,500 ( ) Kids First 6,000 ( ) Pasquotank Library 900 ( ) Port Discover 7,500 ( ) National Council of Negro Women 1,500 3

4 ( ) River City CDC 5,000 ( ) American Legion Post 84 1,500 ( ) Albemarle Hospital Foundation 10,000 ( ) SPCA 1,200 ( ) SOULS 2,500 (To record community support contributions for FY 2013/14.) e. Consideration Adoption of Budget Amendment to correct Powell Bill and Water and Sewer Fund accounts, as follows: BUDGET AMENDMENT BE IT ORDAINED by the City Council of the City of Elizabeth City that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2014: SECTION I. That the Water & Sewer Retained Earnings Appropriated ( ) and DOT Water Line Reimbursement ( ) be increased by $96,717. (To record 1 st of three installment payments for water line relocation for Knobbs Creek Bridge. Due to miscommunication between DOT and Public Works Director, this is being withheld from the City s Powell Bill Funds. This will require a transfer from Water & Sewer to General Fund to reimburse Powell Bill.) f. Consideration Adoption of resolution authorizing execution of all documents required to convey two pieces of property owned by the City of Elizabeth City on South Road Street to NCDOT in connection with the S. Road Street Bridge Project, as follows: Resolution Authorizing Execution of Necessary Documents For Acquisition of Right of Way by NCDOT 4

5 WHEREAS the construction of the State Highway Project FD15 (BD-5101N) makes it necessary for the North Carolina Department of Transportation to acquire a Right of Way from the City of Elizabeth City. NOW, THEREFORE, be it resolved and by this resolution that the City Council of the City of Elizabeth City does hereby authorize to execute the necessary documents on behalf of the City of Elizabeth City, NC. f. Consideration Adoption of resolution authorizing execution of all documents required to convey one piece of property formerly owned by Tony and Tammy Rice to NCDOT in connection with the S. Road Street Bridge Project, as follows: Resolution Authorizing Execution of Necessary Documents For Acquisition of Right of Way by NCDOT WHEREAS the construction of the State Highway Project FD15 (BD-5101N) makes it necessary for the North Carolina Department of Transportation to acquire a Right of Way from the City of Elizabeth City. NOW, THEREFORE, be it resolved and by this resolution that the City Council of the City of Elizabeth City does hereby authorize to execute the necessary documents on behalf of the City of Elizabeth City, NC. End of Consent Agenda 8. Public Hearing: a. Consideration - Public Hearing to receive comment regarding the proposed closure of twelve alleys located in the First Ward. 5

6 Peel declared the meeting into Public Hearing at 7:30 p.m. after a five-minute recess, and called on City Manager Olson for an overview of this item. Mr. Olson advised that for the past several months, the Council Alleyway Committee has been working to address the status of all alleys in the City. The Committee has completed its work on the alleys located in the First Ward and presented approximately one-half of those alleys for Council s consideration during the August 12, 2013 Council meeting. At that time, a Preliminary Resolution was adopted calling for a public hearing on October 7, 2013 to consider the closing of the twelve alleys in the First Ward. The public hearing for the remaining half of the First Ward alleys, as well as the Second and Third Wards, will be held during the first meeting November. The public hearing regarding the Fourth Ward alleys was already held. The Preliminary Resolution to close the First Ward alleys being considered during this meeting was published for four consecutive weeks in The Daily Advance, the adjacent property owners were notified by Certified Mail and the alleys were posted by City staff as required. Mr. Olson provided an overview of the location of each of the twelve alleys. Mr. Olson advised that no action is required until all public hearings are held on all proposed alley closures pursuant to the Council s previous decision. Peel recognized Marlene Meads to speak and advised that she had three minutes to address the Council. Ms. Meads explained that she lived at 906 Jones Avenue and had received the City s correspondence regarding the proposed closure of Alley #28. She indicated that the alleyway behind her home is unrecognizable as an alley; and that it is in terrible condition. She also expressed her concern regarding the additional property tax for which she would be responsible if one-half of the alley bordering her property was given to her. She stated that if the City of Elizabeth City was supposed to have been maintaining the alley in the past and had not been doing so, it meant that she would now have to take care of it. She stated that the additional expense for property tax and maintenance would be a burden on her finances. She stated that she would like for the alley closure not to take place. Peel declared the Public Hearing closed. Councilman Stimatz inquired of Mr. Olson if the Public Works Department had reviewed the alleys from a storm water drainage perspective. Mr. Olson responded that they had; and that if the City needed to retain storm water rights in any alley, staff would recommend that be done. Councilman Kem Spence asked Mr. Olson if the City had been able to identify the alleys that the City could access to clean and the ones that had obstructions that would prevent access to the City. He stated that he felt that the alleys that could be accessed should be cleaned before ownership was transferred to the homeowners. Mr. Olson responded that staff needed the criteria that the Council wanted used in order to evaluate the alleys. He said that staff was not only finding vegetation in the alleys, but structures such as fences and garages that prevented access to the alleyways. Mr. Olson cautioned the Council that some property owners used the vegetation as a buffer and did not want it cut. Councilman Spence responded that the City should give them that option, because he did not think it fair to have citizens pay to clean alleys that the City should have been maintaining. 6

7 Councilman Johnnie Walton pointed out that Ms. Meads brought up the future taxation on the property and stated that it should be clarified that it will not be a burden. Mr. Olson responded that staff had looked at Ms. Meads particular situation and found that the additional tax burden would $.70 per year based on her present assessed value. Councilman Ray Donnelly expressed his agreement with Councilman Spence that the City needed to go around on an individual basis to see what the residents wanted to do about clearing the alleyways. He stated that the minimal taxation issue was not too much of a consideration for him, but he did agree that clearing the alleys of vegetation if the homeowner wanted it was important, as long as the City had access to the alley. Councilman Michael Brooks stated that if the property owner to whom the City was giving the land was willing to allow the City access to an alley across their property (if the alley was otherwise inaccessible), then the City should also clear those alleyways. Mr. Olson responded that the City would need to evaluate that on a case by case basis. Councilman Brooks responded that he understood that; but that he still did not want to put the burden on the homeowner if at all possible and cited the presence of many large trees in alleys. Mr. Olson responded that he understood and agreed to a point; however, if the City was going to have to do major work clearing trees and the like, we may want to consider just opening the alley and using it as a right-of-way. Councilwoman Baker indicated that she was in agreement to clearing out brush and vegetation, but she felt that large trees had been growing much longer than the City was responsible. She indicated that if a 100 foot - or a 50 foot tree was healthy and not in danger of falling, she did not see that it should be taken down. City Attorney Bill Morgan asked to make one point. He stated that a lot of the alleys are paper alleys which means that they were shown on a plat that was recorded in the early 1900s in a lot of instances, and they were never really used by the City. He said that particularly in the Riverside area a lot of the older maps show alleys that were never used by City officials. Peel mentioned that during the previous public hearing, another citizen came before Council with a similar concern as Ms. Meads concern. Peel suggested that staff may need to think about the issue of clearing the alleys and bring a suggestion for a reasonable approach to address it back to the Council. Mr. Olson suggested that since there are approximately 500 property owners affected, if the Council has no objection to a negative selection process, he would bring some type of procedure back for Council s consideration. Councilman Spence stated his only concern is holding people responsible for something that was the City s responsibility. Mr. Olson responded that as the City Attorney mentioned, especially in the Riverside area, many of these alleys are paper alleys and the City never really accepted them. 9. Regular Agenda: (Deputy s note: The Regular Agenda and the Comments and Inquiries on Non-agenda Items sections of the agenda were conducted prior to the Public Hearing in order to reach 7:30 p.m. These sections of the agenda were followed by a five-minute recess before the Public Hearing. Councilman Spence arrived during the Comments and Inquiries on Non-agenda Items section of the agenda.) a. Consideration 2013 Street Resurfacing Project Bid Award Peel called on City Manager Olson for a review of this item. 7

8 Mr. Olson reported that the bid opening for the 2013 street resurfacing project was held on October 2, The City received two bids: one from RPC Construction, Inc. and the second from Barnhill Contracting, Inc. Barnhill bid $1,959, and RPC bid $1,928,858.75; therefore, the apparent low bidder is RPC. Mr. Olson stated that the City has $900,000 for the projects, which had been prioritized in August by the City Council as follows: Crescent Drive, Brooks Avenue, Church Street, West Main Street, and the Poindexter Street parking lot. Mr. Olson explained the line item analysis used by staff in determining the per unit quantities for each bidder and reported that staff is very happy with the bids. In addition to the priority projects, Mr. Olson stated that staff is recommending that the Rosewood, Rosedale and Rosebud area be resurfaced first at an estimated cost of $210,000. Mr. Olson provided to the Council a list of 26 streets and the costs associated with them. He indicated that the City will be able to do all the priority one and two projects under the bids received. Staff believes that there is enough cushion to also do some of the priority three projects. The Selden Street brick project will be bid separately, as it requires a special skill-set for the work. The City has allocated $40,000 for this work. Councilman Walton inquired of Mr. Olson how the various streets were selected. Mr. Olson responded that in establishing priorities one, two, three and four, staff looked at the overall shape of the road and whether there are sub-base or structural issues with the road; but primarily staff looked at the shape and age of the underlying utilities and whether a utility project would be required before the road project could be complete. Motion was made by Councilwoman Jean Baker, seconded by Councilwoman Anita Hummer, to authorize the City Manager to enter into a contract with RPC Contracting, Inc. for an amount not to exceed $1,260,000 (the amount appropriated from the Powell Bill Funds); and further direct the City Manager to report back to Council on a regular basis advising the Council of the progress being made on the Resurfacing Project and the status of the budget for this project. The motion carried unanimously by Baker, Brooks, Donnelly, Hill-Lawrence, Hummer, Stimatz and Walton. (Spence had not yet arrived.) b. Consideration - Live Fire Burn Training at 1855 Weeksville Road: Peel called on City Manager Olson for an explanation of this item. Mr. Olson explained that the Fire Department has received the necessary approvals to conduct live fire burn training at 1855 Weeksville Road on October 23, 2013, if weather conditions permit and is asking for Council s approval. Motion was made by Councilwoman Jean Baker, seconded by Councilwoman Anita Hummer, to use the structure owned by Jackson Reid Enterprise, LLC at 1855 Weeksville Road for live fire training. The motion carried unanimously by Baker, Brooks, Donnelly, Hill-Lawrence, Hummer, Stimatz and Walton. (Spence had not yet arrived.) 10. Comments and Inquiries on Non-agenda Items: Councilman Stimatz reminded everyone that Election Day is tomorrow. 8

9 Councilman Walton expressed his compassion for Tawanna Taylor, who addressed Council earlier during the meeting, and suggested that another employee could be cross-trained in order to find a place for Ms. Taylor until something else opened up. Pro Tem Hill-Lawrence shared with the Council that she had spoken with the family members of the ECSU student who drowned and conveyed the sympathy of the City Council. Councilwoman Hummer stated that with Election Day tomorrow, she wanted to say that the campaigning and early-voting period was a true pleasure this year and that everyone was in a good mood and worked well together. Councilwoman Baker complimented the drum circle that performed during the October 4, 2013 First Friday Artwalk and reported that it was a big hit with young and old. She gave an overview of the 2013 Ghostwalk and invited everyone to the event being held October 11-12, Councilman Kem Spence reminded everyone to vote tomorrow and advised the Third Ward residents that their polling place was Pasquotank Elementary and Central Elementary. Councilman Ray Donnelly stated that he was looking forward to Wednesday and the election process being over and wished all the candidates good luck. He thanked everyone in the First Ward for their support and confidence. Peel expressed the Council s condolences to the family of former mayor, Rev. Charles Foster, who passed away on October 5, Motion was made by Councilman Michael Brooks, seconded by Councilman Tony Stimatz, to adjourn the meeting. The motion carried unanimously by Baker, Brooks, Donnelly, Hill-Lawrence, Hummer, Spence, Stimatz and Walton. There being no further business to be discussed, Peel adjourned the meeting at 8:00 p.m. Vivian D. White Deputy 9