The
City Council of the City of
Also
present were: Richard Douglas, City Manager; Betty Smith, City Clerk; Regina
Sutherland, City Attorney; Duncan McFadyen, Attorney; Dale Teal, Finance
Officer; Johnny Melton, Public Works Director; Kevin Locklear, Chief of Police;
Jim Lewis, Terry Tapp, Fire Marshall; Roy Guinn, Wastewater Treatment Plant
Superintendent; Trudy McVicker, Pretreatment Coordinator and Lenore Morales,
News Journal reporter.
CALLED TO ORDER
Mayor McNeill called the
meeting to order.
INVOCATION
Councilman
PLEDGE OF ALLEGIANCE
Mayor McNeill led everyone in
the Pledge of Allegiance.
CONSENT AGENDA
Mayor McNeill presented the
consent agenda and asked if any item should be removed before calling for
action.
Councilman
A
motion was made by Councilman King to approve consent items III. 1 through III.
11. The motion was seconded by
Councilman Conoly and unanimously carried.
The
consent items appear below:
III. 1. Approved regular minutes of
2. Approved called minutes of
3. Approved
awarding Crumpler and Autry the city auction services for June 2,
2007 at 9%
of the sales.
4. Approved
Budget Amendment #20 as follows:
The
following budget amendment is necessary for overspent expenditures, with the
exception of the sanitation backup scale which is an additional capital outlay
item.
LINE ITEM DESCRIPTION DEBIT CREDIT
10-490-0004 Planning Pro Services 10,000.00
10-510-0002 Police Salaries 20,000.00
10-560-0046 Powell Bill Paving 20,000.00
10-580-0046 Sanitation Tipping Fees 30,000.00
10-580-0074 Sanitation Backup Scales 16,500.00
10-329-0001 General Fund Interest 30,000.00
10-329-0002 Powell Bill Interest 20,000.00
10-335-0001 Building Permits 46,500.00
This
amendment was due to the House of Raeford’s property tax appeal.
10-301-2006 2006 Property Tax Revenues 6,970.75
10-367-0001 Fuel Tax Refund 6,970.75
There
is no fund balance appropriation for the above amendments.
5.
Approved awarding
the bid to Hedgpeth Paving to construct/pave a cul-de-sac on
6.
Approved amending
the existing contract with The Wooten Company for the College Drive/Thomasfield
annexation sewer project to include sewer extension to the north side of
7.
Approved
Resolution #2007-13 in support of the Clean Water Act of 2007 as requested by
The Rural Center. The Clean Water Act if
adopted by the N.C. General Assembly would provide for a $500 million bond
issue for water and sewer improvements.
RESOLUTION #2007-13
Resolution of Support for the Clean Water Act of 2007
WHEREAS,
WHEREAS,
North Carolina is expected to grow by 3.5 million people to exceed 12 million
by the year 2030, placing pressures on the State’s water resources and local
water providers; and,
WHEREAS, North
Carolina’s businesses, traditional and emerging industries all depend on
reliable supplies of clean water, reasonable utility costs, well maintained
water infrastructure and an attractive natural environment; and,
WHEREAS, the
1998 Clean Water Bonds delivered significant benefits to North Carolina
communities and citizens, supporting 1,103 projects in 97 counties, which
·
Helped create or
retain 42,000 jobs
·
Corrected major
regulatory violations in 97 communities
·
Addressed failing
septic systems and contaminated wells in 59 counties
·
Resulted in 50
communities receiving sewer service for the first time
·
Encouraged
regional efficiencies, sound planning and conservation practices; and,
WHEREAS,
North Carolina’s public water, sewer and storm water utilities will require
investments totaling $16.63 billion to keep pace with necessary improvements
and population growth over the next 25 years, including $6.85 billion in
investments within the next five years;
NOW THEREFORE BE IT RESOLVED that the City of Raeford urges the North Carolina
General Assembly to enact the “Clean Water Act of 2007”, which provides for a
$500 million bond issue to be expended over the next five years, and an annual
appropriation of $50 million in recurring funding to address urgent needs.
Adopted
this 7th day of May, 2007.
__________________________ _______________________
Mayor City
Manager/Administrator
8.
Approved reducing
the 2006 property tax for House of Raeford Farms, Inc. by $6,970.75 per the
notification of the Property Tax Commission.
Assessed value for two plants reduced by $1,452,240.
9.
Accepted for
information that the Chamber of Commerce annual banquet will be held on
10. Accepted information concerning the Memorial Day
Service to be held on
11.
Accepted the monthly reports as submitted.
PUBLIC COMMENTS
The following persons spoke during
the public comment period
Ms. Mary Fowler –
The following persons spoke
in appreciation of the two hour parking signs recently replaced on
1. Dickie Lippard –
Mr. Steven Gibbs -
Christiana Davis McKoy spoke
briefly about the Blue Springs CDC and recent leadership training provided
through the
Mayor McNeill closed the
public comment period.
CITY ATTORNEY CONTRACT
A motion was made by Councilman
King and seconded by Councilman McLeod to table City Attorney contract for
later discussion. The motion was
unanimously approved.
WILLIAM AND BECKY JOHNSON
ANNEXATION REQUEST
RESOLUTION #2007-09
The City Manager reported
that the voluntary annexation petition for William and Becky Johnson has been
certified by the City Clerk and that approval of Resolution #2007-09 will set a
public hearing for June 4th, 2007.
A motion was made by
Councilman Jordan and seconded by Councilman McNeill to approve Resolution
#2007-09 setting a public hearing for June 4th, 2007 for council’s
consideration to annex the property of William and Becky Johnson at 201 Will
Johnson Road. Resolution #2007-09
follows:
#2007-09
WILLIAM AND BECKY JOHNSON
RESOLUTION FIXING DATE OF PUBLIC HEARING
ON QUESTION OF
WHEREAS,
a petition requesting annexation of the area described herein has been received
from William Johnson and wife, Becky Johnson; and
WHEREAS,
the City Council has by resolution directed the City Clerk to investigate the
sufficiency of the petition; and
WHEREAS,
certification by the City Clerk as to the sufficiency of said petition has been
made.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Section
1. That a public hearing on the question
of annexation of the area described herein will be held at City Hall at
Section 2. The area proposed for annexation is described
as follows:
TRACT 1
That
certain parcel or tract of land lying and being in
Bounded
on the north by a private road, on the west and south by T. B. Upchurch, Inc.
(226-612) and on the east by a CP and L power line easement and more
particularly described as follows to\wit:
Beginning
at an existing iron pipe (said pipe being located S 25-52-00 W 485.04’ from an
existing iron pipe; the southeast corner of Lot 43 in the Thomasfield
Subdivision as shown in Map Book 6 Page 23, Hoke County Registry) in the
southern right-of-way of a private road, the eastern most corner of Tract 1 as
described in a deed to George S. Moore
(189-435) and running thence as said right-of-way S 64-08-14 E 30.00’ to
an existing iron pipe; thence continuing with said right-of-way S 76-50-22 E
166.37’ to an existing iron pipe in the eastern right-of-way of a CP and L
power line easement; thence as said power line right-of-way S 26-09-29 W
199.94’ to an existing iron pipe at the edge of a pond; thence leaving said
right-of-way N 64-37-01 W 191.25’ to an existing iron pipe the western most
corner of Tract 2 as described in a deed to George S. Moore (189-435); thence
N-64-08-04 W 120.04’ to an existing iron pipe at the edge of a pond; thence N
25-52-46 E 164.98’ to an existing iron pipe in the southern right-of-way of a
private road; thence as said right-of-way S 64-07-30 E 119.96’ to the beginning
containing 1.24 acres more or less and being all of Tracts 1 & 2 as
described in a deed to George S. Moore found in Deed Book 189 Page 435 Hoke
County Registry.
There
is a deed conveying the right of ingress and egress from the above described
tract to
TRACT II
That
certain parcel or tract of land lying and being in
Bounded
on the north by George S. Moore (189-435), on the east by a CP and L power line
easement, on the south by G. Thompkins (278-520), on the southwest by Tim Frahm
(278-497) and on the west by T. B. Upchurch, Inc. (226-612) and more
particularly described as follows to\wit:
Beginning
at an existing iron pipe (said pipe being the southern most corner of Tract 2
as described in a deed to George S. Moore found in Deed Book 189 Page 435) in
the eastern right-of-way of a CP and L easement at the edge of a pond and
running thence leaving said right-of-way N 64-37-01 W 191.25’ to an existing
iron pipe the southern most corner of Tract 1 as described in a deed to George
S. Moore (189-435); thence as the southern line of said Tract 1 N 64-08-04 W
120.04’ to an existing iron pipe at the edge of a pond; thence as a new line S
25-52-46 W approximately 55.00’ to a point in a pond also being in Tim Frahm’s
(278-497) northeast line; thence as Frahm’s line and beyond approximately S
41-31-35 E 130.06’; S 48-28-17 E 197.75’ to a point where the eastern
right-of-way of a CP and L power line easement intersects the northern line of
G. Thompkins (278-520); thence as said right-of-way N 26-09-29 E approximately
160.00’ to the beginning containing 0.80 acres more or less and being a portion
of that tract described in Deed Book 226 Page 612 Hoke County Registry. This being the same property conveyed to
Matthew Thompkins and wife by T. B. Upchurch Inc. in Book 306 Page 625 of the
Hoke County Public Registry, and is the bed of a pond.
The
following easement for the purpose of ingress and egress.
Section 3. Notice of said public hearing shall be
published in the News Journal, a newspaper having general circulation in the
City of
_______________________________
JOHN
K. McNEILL, III, MAYOR
ATTEST:
____________________________________
BETTY SMITH
CITY CLERK
The motion was unanimously
carried.
REVISED WATER AND SEWER UTILITY
ORDINANCE
The City Manager highlighted
the proposed revisions to the city’s Water and Sewer Ordinance. These revisions include adding grease tap
requirements for certain businesses, incorporating current water and sewer
connection policies (i.e. not requiring city hook-up if existing well/septic
tank in use) and minor industrial pretreatment changes as required by the
State.
A motion was made by Councilman
McNeill and seconded by Councilman Conoly to approve Ordinance #2007-02
entitled City of
PARKING STUDY
A motion was made by
Councilman Conoly and seconded by Councilman Jordan to adopt Resolution
#2007-12 requesting the services of Division of Community Assistance (DCA) for
a parking study of the downtown area, in addition to a memorandum of agreement
with DCA for this project. The city’s
only cost for the parking study will be for mileage reimbursement and some
materials. Study to begin June,
2007. Resolution #2007-12 is as follows:
Resolution 2007-12
Resolution Requesting the Services of the Division of
Community Assistance
For Parking Study for the Downtown Area
WHEREAS City Council of the
City of
WHEREAS the City Council
would like assistance with this project from the North Carolina Department of
Commerce, Division of Community Assistance; and
WHEREAS the Division of
Community Assistance (DCA) and the City have reached a mutual agreement on the
work to be performed;
NOW THEREFORE BE IT RESOLVED
that the City Council of the City of Raeford hereby requests the Division of
Community Assistance to assist the Town with the preparation of the Parking
Study for the Downtown Area, agrees to reimburse the Division of Community
Assistance for any project related materials, map printing costs, mileage,
meal, or lodging allowances, as applicable, of the DCA staff who assist the
town on this project, and is committed to the implementation of this project
when the work is completed.
Adopted this 7th
day of May, 2007 by the Raeford City Council.
____________________
JOHN
K. MCNEILL, III
MAYOR
__________________________
BETTY SMITH
CITY CLERK
The motion was unanimously
carried.
COMMERCIAL SANITATION UPDATE
Public Works Director, Johnny
Melton updated the council on the proposed changes to commercial sanitation
services. Mr. Melton stated a meeting of
the merchants was held on
Councilman King thanked the
city staff for their work on this new program and encouraged more
publicity/public awareness of the city’s recycling program.
PROPOSED 2007-2008 BUDGET
City Manager presented the
2007-2008 Proposed Budget, Budget Message and Proposed Fees/Charges for the
council’s review and consideration.
A summary of Departmental
Capital Requests/Operating Highlights are as follows:
1.
Proposed $3.741
million General Fund Budget and $2.454 million Water/Sewer Budget.
2.
To balance the
proposed General Fund budget, $45,077 must be appropriated from the City’s Fund
Balance.
3.
Maintaining
existing ad valorem tax rate of 48 cents per $100 valuation.
4.
Proposed 3.59
percent cost-of-living increase and longevity pay for all employees.
5.
Reclassification
of 15 positions in Public Works and the Wastewater Treatment Plant, as the
result of a study of salaries of comparable cities in
6.
The elimination
of one position from the Wastewater Treatment Plant.
7.
The addition of a
part-time maintenance worker for the downtown area.
8.
Proposed funding
for contracted code enforcement officer from Lumber River Council of
Governments, and permit tracking computer software.
9.
Proposed funding
for one patrol vehicle, one replacement 4WD vehicle and three mobile data terminals
for wireless 911 dispatching.
10. Proposed funding for equipment for new fire truck.
11. Proposed capital reserve contribution for limb truck,
proposed funding for mosquito sprayer.
12. Proposed funding for glass crusher and additional
dumpsters for cardboard collection/recycling.
13. Debt service for current water system improvements.
14. Proposed funding for riding mower (Water/Wastewater).
15. Increase in utility costs to include nine new wells.
16. Proposed funding for ammonia and chlorine testers.
17. Recommends a contribution of $25,000 from the General
Fund for replacement of a limb truck for the Public Works Department.
After discussion, a motion
was made by Councilman McNeill and seconded by Councilman
COUNCILMAN’S REPORTS
Councilman King asked the
City Manager about the status of the Community Block Grant for the
Councilman King asked the
City Manager for an update on the status of the utility relocation on
CITY ATTORNEY’S REPORT
City Attorney asked for an
executive session for the purpose of economic development.
MAYOR’S REPORTS
Mayor indicated that he and
the City Manager met with Jim Perry of the Lumber River Council of Governments
to discuss Phase 2 annexation. Mr. Perry
is scheduled to present proposed areas for annexation consideration at the June
council meeting.
CITY MANAGER’S REPORT
City Manager requested that
the council consider a four year lease purchase of a $91,000 Knuckle Boom Limb Truck
from Public Works Equipment and Supply, to be financed through Tax Exempt
Leasing Corporation.
A motion was made by
Councilman Conoly and seconded by Councilman King to approve Resolution
#2007-14 as follows:
Resolution # 2007-14
($10,000,000 Small Issuer) (Non-Escrow)
RESOLUTION OF
GOVERNING BODY
LESSEE: CITY OF
Master Equipment Lease/Purchase Agreement dated __________________
and Acceptance Certificate No. 1 thereto.
At a duly called meeting of the governing body of City
of
RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A
MASTER EQUIPMENT LEASE/PURCHASE AGREEMENT AND ACCEPTANCE CERTIFICATE NO. 1 AND
RELATED INSTRUMENTS, AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH.
WHEREAS, the governing body of City of Raeford ("Lessee")
has determined that a true and very real need exists for the equipment (the
"Equipment") described in the Master Equipment Lease/Purchase
Agreement and Acceptance Certificate No. 1 identified above (collectively, the "Agreement")
presented to this meeting; and
WHEREAS, Lessee has taken the necessary steps,
including those relating to any applicable legal bidding requirements, to
arrange for the acquisition of the Equipment, and
WHEREAS, Lessee proposes to enter into the Agreement
substantially in the form presented in this meeting; and
WHEREAS, Lessee has not and reasonably anticipates
that it and its subordinate entities will not issue tax-exempt obligations in
the face amount of more than $10,000,000 during the current calendar year.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY
OF LESSEE AS FOLLOWS:
Section 1.
It is hereby found and determined that the terms of the Agreement in the form
presented to this meeting and incorporated in this resolution are in the best
interests of Lessee for the acquisition of the Equipment.
Section 2. The Agreement is hereby approved. The Mayor of Lessee
and other officer of Lessee who shall have power to execute contracts on behalf
of Lessee be, and each of them hereby is, authorized to execute, acknowledge
and deliver the Agreement with any changes, insertions and omissions therein as
may be approved by the officer(s) who execute the Agreement, such approval to
be conclusively evidenced by such execution and delivery of the Agreement. The
City Clerk of the Lessee and any other officer of Lessee who shall have power
to do so be, and each of them hereby is, authorized to affix the official seal
of Lessee to the Agreement and attest the same.
Section 3.
The proper officer(s) of Lessee be, and each of them hereby is, authorized and
directed to execute and deliver any and all papers, instruments, opinions,
certificates, affidavits and other documents and to do or cause to be done any
and all other acts and things necessary or proper for carrying out this
resolution and the Agreement.
Section 4. Lessee hereby designates the Agreement as a
"qualified tax-exempt obligation" within the meaning of Section 265(b)
(3) of the Internal Revenue Code of 1986 as amended.
The undersigned further
certifies that the above resolution has not been repealed or amended and
remains in full force and effect and further certifies that the Master
Equipment Lease/Purchase Agreement is the same as presented at said meeting of
the governing body of Lessee.
DATE:
BY: _______________________ BY:
_________________________
Betty Smith, City Clerk John K. McNeill III, Mayor
(SEAL)
The motion was unanimously
carried.
City Manager presented to the
council a plan to directly bill and collect for water and sewer services from
residents of the Riverbrooke Subdivision.
After much discussion the City Manager was directed to negotiate terms
of a plan with
City Manager indicated that
city staff is working with Mactec of Durham to address potential storm water
problems in the South Magnolia/East Edinborough area.
City Manager presented a
proposal to work with the National Fire Services Office to assist in
preparation of the city’s upcoming insurance rating inspection, with the goal
of maintaining the city‘s Class 4 rating and possibility of improving to a
Class 3 rating. By common consent the
council agreed to this proposal.
EXECUTIVE SESSION
Mayor McNeill called for
executive session for economic development and personnel.
A motion was made by
Councilman McNeill and seconded by Councilman
EXCUTIVE SESSION CLOSED
REGULAR MEETING BACK IN SESSION
A motion was made by
Councilman Conoly and seconded by Councilman McNeill to adjourn the executive
session and to enter back into regular session.
A motion was made by
Councilman Jordan and seconded by Councilman McNeill to apply for a $95,000
Industrial Development Fund Grant through the N.C. Dept. of Commerce, with the
stipulation that the City of
CITY ATTORNEY CONTRACT
A motion was made by
Councilman Conoly and seconded by Councilman McNeill to approve the contract as
presented to employ Regina Sutherland of Willcox, McFadyen, Fields and
Sutherland as City Attorney. Contract is
as follows:
AGREEMENT FOR LEGAL SERVICES
Hoke County
This contract is entered into as of
the 7th day of May, 2007, between the City of
W I T N E S S E T H:
Whereas, the City
desires to retain Sutherland as the City Attorney; and
NOW THEREFORE, in
consideration of the following and the mutual agreements
hereinafter
set forth;
1.
Either party may
terminate this agreement at any time for any reason or no reason.
2.
The City agrees
that Sutherland shall be appointed City Attorney for
3.
Sutherland shall
be paid at her hourly rate which is currently $150.00 per hour billed in
fifteen minute increments.
4.
The City shall
also pay to Sutherland an annual retainer of $4000.00 upon the execution of
this agreement (with credit for retainer paid to William Fields) and the
anniversary date of each year afterward.
5.
The City shall
pay for Sutherland travel, room, board and attendance at the N.C. City
Attorney’s conference.
6.
The City shall
pay for the purchase of any
7.
The City shall
reimburse Sutherland any travel or other expenses incurred by Sutherland in the
exercise of her duties or in attending meetings deemed necessary by the City Manager
or City Council. This includes items
such as cost advanced, out of City travel, filing fees, meals, room, board,
etc.
8.
Sutherland shall
report to the Raeford City Council.
Sutherland shall have sole responsibility and authority regarding all
legal advice rendered to the City.
However, from time to time it may become necessary or advantageous to
retain outside counsel. These
circumstances include but are not limited to:
conflicts of interest that Sutherland may have as a private local
attorney or the need for special legal expertise. In those instances, the matter shall be
brought the City’s attention and outside counsel shall be retained and report
directly to the City Council.
IN
WITNESS WHEREOF, the parties hereto, have caused this contract to be duly
executed in two counterparts, each of which shall constitute an original.
CITY
OF
By:
_________________________________
JOHN
K. McNEILL, III
MAYOR
Attest:
_______________________________
BETTY
SMITH, City Clerk
This
instrument has been preaudited in the manner required by the Local Government
Budget and Fiscal Control Act.
_________________________________
City
of
The motion was unanimously
carried.
ADJOURNMENT
A motion was made by
Councilman
____________________________ ________________________
BETTY SMITH JOHN
K. MCNEILL, III
CITY CLERK MAYOR