Board of Commissioners

TOWN OF BURGAW BOARD OF COMMISSIONERS REGULAR MEETING DATE: May 12, 2020 TIME: 4:00 PM PLACE: Historic Train Depot, 115 S. Dickerson Street BOARD MEMBERS PRESENT: Mayor Kenneth Cowan Mayor Pro-tem Wilfred Robbins Commissioners Jan Dawson, Bill George, Vernon Harrell, James Murphy STAFF PRESENT: James Gantt, Town Manager Kristin J. Wells, Town Clerk Wendy Pope, Finance Officer Zachary Rivenbark, Town Attorney STAFF PRESENT REMOTELY: Alan Moore, Public Works Director Louis Hesse, Building Code Administrator Jim Hock, Police Chief Jim Taylor, Fire Chief Tiffany Byrd, Deputy Finance Officer Cody Suggs, Parks & Recreation Director Andrea Correll, Planning Director MEDIA PRESENT: Unknown INVOCATION: Commissioner Bill George PLEDGE OF ALLEGIANCE: All The meeting was called to order by Mayor Cowan at 4:00 PM and the invocation was led by Commissioner George. Approval of Agenda Commissioner Harrell made a motion to approve the agenda as presented. The motion was seconded by Commissioner George and carried by unanimous vote. Approval of Consent Agenda Commissioner George made a motion to approve the consent agenda as presented. The motion was seconded by Commissioner Murphy and carried by unanimous vote. A. Approval of the February 27-28, 2020 Special Meeting minutes B. Approval of the March 10, 2020 Regular Meeting minutes C. Approval of the March 10, 2020 Closed Session minutes DEPARTMENTAL ITEMS Finance Department – Wendy Pope, Finance Officer Ordinance 2020-06 Amending the FY 19-20 budget to recognize payment from Walmart Store #7243 Ms. Pope explained the Burgaw Walmart Store had requested a law enforcement officer to be present in the store during a specified time frame during the COVID-19 pandemic. The town paid the officers as usual time worked and Walmart reimbursed the related expenses to the town. Therefore, the FY 19-20 budget shall be amended to recognize the payment received for Walmart. Commissioner Robbins made a motion to approve Ordinance 2020-06 as presented. The motion was seconded by Commissioner Harrell and carried by unanimous vote. ORDINANCE 2020-06 AMENDING FISCAL YEAR 2019-2020 ANNUAL BUDGET BOC MINUTES MAY 12, 2020 PAGE 1 of 6  Increasing Revenues and Expenditures WHEREAS, the Town of Burgaw Board of Commissioners passed an ordinance adopting a budget for FY 2019-2020 on June 11, 2019; and WHEREAS, Walmart requested a Sworn Burgaw Police Officer be present in the store to provide an extra level of safety and security while operating during the COVID-19 pandemic; and WHEREAS, the Town has received payments from Walmart Store #7243 in the amount of $ 4,410; and WHEREAS, the Town of Burgaw would like to recognize $4,410 from Walmart as Police Revenue into the FY 19-20 budget, therefore, additional revenue and expenditure must be recognized. NOW THEREFORE, BE IT ORDAINED BY THE TOWN OF BURGAW BOARD OF COMMISSIONERS THAT: Section 1: The FY 2019-2020 budget be altered to reflect the following changes: INCREASE BUDGETED REVENUE Account Number Account Description Amount 10-3470-10-300 Police Revenues & Fees $4,410 INCREASE BUDGETED EXPENDITURE Account Number Account Description Amount 10-5100-10-020 Salaries & Wages $4,410 Adopted this the 12th day of May 2020. Ordinance 2020-07 Amending the FY 19-20 budget to appropriate committed fund balance for construction of the Fire Department bunk room at Town Hall Ms. Pope advised the Fire Department has a reserve fund balance that has accumulated over the years and is currently at $47,085. She explained the Fire Chief has requested use of the funds to purchase related expenses to the expansion of the department into the former area known as the board room. Ms. Pope said the suggestion from the Fire Chief is to subtract $37,085 from the balance and would leave $10k in the reserve fund account. Therefore, the FY 19-20 budget shall be amended to reflect the requested transfer. Mayor Cowan asked Attorney Rivenbark if there were any issues with this type of transfer. Attorney Rivenbark stated he sees no issues. Commissioner George made a motion to approve Ordinance 2020-07 as presented. The motion was seconded by Commissioner Dawson and carried by unanimous vote. ORDINANCE 2020-07 AMENDING FISCAL YEAR 2019-2020 ANNUAL BUDGET WHEREAS, the Town of Burgaw Board of Commissioners passed an ordinance adopting a budget for FY 2019-2020 on June 11, 2019; and WHEREAS, the Town of Burgaw Board of Commissioners committed fund balance for the purpose of funding Fire Department expenses in June 2012; and WHEREAS, the Fire Department requests that these funds be used in the current fiscal year to pay for the bunk room addition to Town Hall; and WHEREAS, a general fund fund balance appropriation is needed to authorize these Fire Department expenses in FY 19-20. NOW THEREFORE, BE IT ORDAINED BY THE TOWN OF BURGAW BOARD OF COMMISSIONERS THAT: Section 1: The FY 2019-2020 budget be altered to reflect the following changes: BOC MINUTES MAY 12, 2020 PAGE 2 of 6  INCREASE BUDGETED REVENUE Account Number Account Description Amount 10-3900-00-900 Fund Balance Appropriated $37,085 INCREASE BUDGETED EXPENDITURE Account Number Account Description Amount 10-5300-10-760 Capital Reserve $37,085 Adopted this the 12th day of May 2020. ITEMS FROM THE ATTORNEY – Zachary Rivenbark, Town Attorney Attorney Rivenbark gave an update on the deed issue as discussed at a prior meeting (during closed session) regarding the former EMS building. During recent research, Attorney Rivenbark said the deed stated if the property was to ever cease as being used as a rescue squad service, that it would revert back to the county. However, when Pender EMS relocated years ago, the town purchased the building without this condition being noticed at the time. Attorney Rivenbark stated he has talked with the county’s Attorney and he sees no issues with the county signing the revised deed as long as the town agrees to maintain the property as a public purpose. He assured the board this would be taken care of soon and sees no issues with resolving this matter. Attorney Rivenbark stated he had an additional item to be discussed in closed session. There were brief comments on how the former EMS building property became the county’s property many years ago when town hall was originally located on the property. Attorney Rivenbark stated he does not know but can look into this if the board instructs him to do so. ITEMS FROM THE MANAGER – James Gantt, Town Manager Resolution 2020-06 Authorization to request grant funding Mr. Gantt advised WithersRavenel is assisting the town with applying for a grant related to the sewer project. A prior resolution was approved by the board giving the manager authority to apply for various grants, but for this particular grant, the below specific resolution is required. There being no further comments from the board, Commissioner Harrell made a motion to approve Resolution 2020-06 as presented. The motion was seconded by Commissioner Murphy and carried by unanimous vote. RESOLUTION 2020-06 WHEREAS, The Federal Clean Water Act Amendments of 1987 and the North Carolina the Water Infrastructure Act of 2005 (NCGS 159G) have authorized the making of loans and grants to aid eligible units of government in financing the cost of construction of a wastewater collection system project, and WHEREAS,The Town of Burgaw has need for and intends to construct a wastewater collection system project described as the relocation of pump stations and critical improvement, repair and replacement of sewer infrastructure lines, and WHEREAS,The Town of Burgaw intends to request state Clean Water State Revolving Loan Fund funding for the project, NOW THEREFORE BE IT RESOLVED, BY THE BOARD OF COMMISSIONERS OF THE TOWN OF BURGAW: That Town of Burgaw, the Applicant, will arrange financing for all remaining costs of the project, if approved for a State Clean Water State Revolving Loan Funds loan and/or grant award. That the Applicant will adopt and place into effect on or before completion of the project a schedule of fees and charges and other available funds which will provide adequate funds for proper BOC MINUTES MAY 12, 2020 PAGE 3 of 6  operation, maintenance, and administration of the system and the repayment of all principal and interest on the debt. That the governing body of the Applicant agrees to include in the loan agreement a provision authorizing the State Treasurer, upon failure of the Town of Burgaw to make scheduled repayment of the loan, to withhold from the Town of Burgaw any State funds that would otherwise be distributed to the local government unit in an amount sufficient to pay all sums then due and payable to the State as a repayment of the loan. That the Applicant will provide for efficient operation and maintenance of the project on completion of construction thereof. That James Gantt, Town Manager, the Authorized Official, and successors so titled, is hereby authorized to execute and file an application on behalf of the Applicant with the State of North Carolina for a Clean Water State Revolving Loan Fund grant and loan to aid in the construction of the project described above. That the Authorized Official, and successors so titled, is hereby authorized and directed to furnish such information as the appropriate State agency may request in connection with such application or the project: to make the assurances as contained above; and to execute such other documents as may be required in connection with the application. That the Applicant has substantially complied or will substantially comply with all Federal, State, and local laws, rules, regulations, and ordinances applicable to the project and to Federal and State grants and loans pertaining thereto. Adopted this the 12th of May, 2020, at Burgaw, North Carolina. Project Updates New green space on South Wright Street Mr. Gantt advised the new green space on South Wright Street is progressing well. He said staff is currently working on seeding the area and working on the installation of a fence at the edge of the canal, as well as benches and a swing. Landscaping will be installed in the fall. Renovation of former EMS Building Mr. Gantt advised we are still waiting on the final plans from the architect and engineers. The current pandemic situation has caused a delay in this project. Once the plans are complete, we will start with the formal bidding process. Commissioner Dawson asked when the plans would be complete. Mr. Gantt advised he anticipates they will be completed within the next couple of weeks. There was discussion on what items are in the building and if we should go ahead and request removal of the items from the Arts Council. Mr. Gantt advised the original discussion was to give them 30 days for the removal of the items prior to the anticipated construction start date. Courthouse Avenue Mr. Gantt advised surveys have been done and the next phase is holding a public hearing to allow comments from the public. He said this is being delayed due to the pandemic and gathering restrictions. Commissioner Harrell asked if WithersRavenel has any fliers or materials that could be given out to the community. Mr. Gantt advised once a date for public input is advertised, they will give out materials and information about the project. Meter Lids Replacement Mr. Gantt gave an update on the request by the board to replace the plastic meter lids that were a trip hazard to the metal lids. Mr. Gantt advised that all of the lids in the downtown area have been replaced with the metal lids. He said staff is inspecting other areas around town where the plastic lids are of concern and will be replaced. Commissioner Harrell asked where we can purchase the metal lids and how much would they cost. Mr. Gantt advised he does not know at this time, but will look into the cost and send the information to the board via email. Sewer Project Mr. Gantt advised we sent out the Requests for Qualification (RFQs) and received four (4) responses. He advised the technical review committee met and selected McKim & Creed to get a proposal on the cost of the design. Once we have this, we will bring this item back to the board for review. Commissioner Harrell asked once we get the BOC MINUTES MAY 12, 2020 PAGE 4 of 6 proposal, how long will it take to design. Mr. Gantt advised since McKim & Creed is already familiar with the town, it should be relatively quick. Commissioner Harrell commented we should have at least one or two projects ready in case of federal funding that may become available. Mr. Gantt advised it is possible there could be some stimulus funds available for this type of project. He said there is normally not funds available for residential sewer improvements. ITEMS FROM MAYOR AND BOARD OF COMMISSIONERS Reappointment of Mukesh Shah to the Tourism Development Authority Mr. Shah, owner of Burgaw Motel, is the only occupancy tax collector in town. His term on the TDA expired May 5, 2020, and needs to be reappointed for another four year term to continue as the occupancy tax collector TDA member. Commissioner George commented Mr. Shah has done a good job and made a motion to reappointment him. The motion was seconded by Commissioner Robbins and carried by unanimous vote. Other Items from Mayor and Board of Commissioners Commissioner Dawson asked about an easement near the lift station on South Bickett Street. There has been recent questions regarding the town maintaining the ditch that runs behind the residences on Center Court from Sammy Williams property to the lift station on South Bickett Street. Attorney Rivenbark commented he will research this matter and bring it back to the board. Commissioner Harrell thanked Ms. Correll, Mr. Suggs and the Public Works staff for planting the new trees at Harrell Park. He also thanked them for the installation of the barrier he requested to keep the mulch in the playground area from spilling onto the tennis courts. Commissioner Dawson made comments regarding unsightly properties around town, particularly two properties on North Wright Street near the Elementary School. She asked staff look into this issue and possibly send letters. Mr. Gantt advised these properties are handled on a yearly basis, but will meet with Mr. Hesse. She said there are about five to six properties on North Wright Street than need attention, as well as three properties on West Williams Street. There are also abandoned vehicles on West Williams Street. Mr. Gantt advised the Police Department is aware of the abandoned vehicles and Mr. Hesse is aware of the houses. Commissioner Robbins voiced his concerns about the situation and asked if a task force is needed to get this matter resolved. Mr. Gantt advised this type of enforcement is a long process and the town cannot send out letters unless we are ready to spend the money to tear down structures. There is a chance of additional expenses due to asbestos, etc. There was much discussion and comments made that many houses have deteriorated due to recent hurricanes. Commissioner Robbins commented about the possibility of a task force with the legal community involved to get serious and handle the situation. Mr. Gantt advised Mr. Hesse is responsible for dilapidated houses and to determine whether a structure meets the criteria of being condemned, etc. Mr. Gantt said Mr. Hesse did not have the time in the past, but with the recent hiring of a part time inspector, he has recently spent more time on this project. Commissioner Robbins asked if there was a way the town could purchase the homes with certain funding or grants for these types of projects. There was further discussion. Mr. Gantt commented he would have Mr. Hesse and Ms. Correll look into any type of funding the town may be eligible for. Attorney Rivenbark explained the process on how to handle this issue legally and said for the town, this is a lengthy process. Mr. Gantt commented we can also research tax information to see if any of the dilapidated homes owe back taxes. Commissioner Robbins asked if the board could have access to a list of the homes in need of attention. Mr. Gantt said he can publish a list on the town’s website for only the board to have access. Commissioner Robbins commented he wanted to follow up on the request he made at a prior meeting in regards to narrowing and striping walking lanes of Wilmington Street between Cowan Street and US Highway 117. This idea is in effort to minimize speeding issues on this street. Mr. Gantt advised this is on his list to look into and will make contact with NC DOT. Commissioner George expressed his appreciation to all town staff and the incredible job they have done during the current pandemic. BOC MINUTES MAY 12, 2020 PAGE 5 of 6 Mayor Cowan commented about the area near the canal at Johnson Park and Hayes Street. He said the erosion at the edge of the street and canal is becoming extremely dangerous. Mayor Cowan commented on the area behind the new shop, The County Seat (formerly known as Alley Cats), on Fremont Street. He said the area is unsightly and requested staff to see if anything can be done. Comments were made about Charlie Boney’s building in this area as well. Mr. Gantt advised Ms. Correll has sent letters to property owners in the area mentioned, as well as the area behind the businesses across the street. Other Items from the Attorney Attorney Rivenbark gave an update to the board regarding the NC DOT road widening project on Walker and Wilmington Streets. He said this project did not make the vital list by the NC DOT and will not be funded at this time. CLOSED SESSION – 4:45 PM Commissioner Robbins made a motion to go into closed session pursuant to GS 143-318.11 (a) (3) Attorney/Client Privilege. The motion was seconded by Commissioner Harrell and carried by unanimous vote. OPEN SESSION – 5:18 PM Commissioner Harrell made a motion to go back into open session. The motion was seconded by Commissioner Dawson and carried by unanimous vote. BREAK 5:18 PM – 5:29 PM PUBLIC FORUM There were no speakers online or by phone during public forum, nor were any comments received by email to the Town Clerk. Other comments Prior to the meeting, Ms. Wells gave a copy of a resignation letter received from Planning & Zoning Board Member Meg Franklin advising of her resignation from the Planning & Zoning Board effective June 30, 2020. Commissioner Robbins commented Ms. Franklin has been on the Planning & Zoning Board for a long time and her and her husband means a lot to the community. He would like the town to do some sort of recognition for them, possibly a plaque and maybe a dedication of a bench in town. There were brief comments made on advertising for the vacancy effective July 1, 2020. ADJOURNMENT Commissioner Dawson made a motion to adjourn. The motion was seconded by Commissioner Harrell and carried by unanimous vote. The meeting was adjourned at 5:35 PM. _____________________________ Kenneth T. Cowan, Mayor Attest:_____________________________ Kristin J. Wells, Town Clerk BOC MINUTES MAY 12, 2020 PAGE 6 of 6