04102008318
MINUTES
CITY OF DUNN
DUNN, NORTH CAROLINA
The City Council of the City of Dunn held a Regular Meeting on Thursday, April 10, 2008, at 5:00
p.m. in the Dunn Municipal Building. Present was Mayor Oscar N. Harris, Mayor Pro Tern N.
Carnell Robinson, Council Members Buddy Maness, Bryan Galbreath, Billy Tart, Chuck Turnage
and Joey Tart. Also present was City Manager Ronnie Autry, Public Utilities Director Dean Gaster,
City Planner Steven Neuschafer, Librarian Mike Williams, Fire Chief Austin Tew, Police Chief B.P.
Jones, Police Captain Jimmy Pope, Recreation Director Perry Hudson, City Attorney P. Tilghman
Pope, City Clerk Debra West, and Daily Record Reporter Reece Murphy.
INVOCATION
Mayor Harris opened the meeting at 5:02 p.m. and asked Council Member Joey Tart to give the invocation.
Afterwards the Pledge of Allegiance was repeated.
AGENDA ADJUSTMENT
Motion by Mayor Pro Tem Robinson, seconded by Council Member Tumage to adopt the April 10, 2008
meeting agenda with changes, if any, as listed below.
Items Added to the Agenda: Under "ItemsforDecision"
• Participation in the FY 2008 Scattered Site Housing Program in conjunction with Harnett County
Motion was amended by Council Member Joey Tart and seconded by Mayor Pro Tent Robinson to remove
rezoning request for 202 S. General Lee Avenue from the table.
Agenda Items Removed:
• Removed from the table — Rezoning request PZ -07 -07 — PIN #1516 -38- 7462.000 - 202 S. General
Lee Avenue — Bonita and Eddie Langston (applicants)
Motion unanimously approved.
PRESENTATIONS
RETIREMENT RESOLUTION
BENJAMIN M. "MORRY" DENNING
Mayor Harris and Police Chief Jones presented Benjamin M. "Morry" Denning with a retirement resolution
in recognition and appreciation of his 27 years of service to the City of Dunn Police Department. A copy of
Resolution (R2008 -02) recognizing Benjamin M. "Morry "Denning is incorporated into these minutes as
Attachment #1.
PRESENTATION— POLICE DEPARTMENT
SGT. ROBERTBROOME
Police Chief Jones and Mayor Harris presented the Criminal Justice Training and Education Standards
Commission Advanced Law Enforcement Certificate to Sgt. Robert Broome.
PUBLIC COMMENT PERIOD
Mayor Harris opened the floor for a (30) minute public comment period.
Hearing no comments, the Public Comment period was closed.
Mayor Harris opened public hearings at 5:12 p.m.
PUBLIC HEARINGS
REZONING REQUEST — PZ 03 -08
PIN #1527 -71- 2446.000
SADLER ROAD
`— Mayor Harris stated that the public has been notified that oral and written comments will be heard and
received concerning the request by Sadler Brothers (applicant) to rezone a parcel of land totaling 3.4t acres
located along Sadler Road (SR 1830) adjacent to the truck stop property.
This property is currently zoned I -100; Industrial District and is requested to be rezoned to C -3; Highway
Commercial District.
The public hearing was duly advertised on March 11, March 25 and April 1, 2008.
Mayor Harris asked if there was anyone present to speak for or against this rezoning request.
Mr. Keith Whitley, Interstate Sign Company, 2700 Hiking Trail, Raleigh, NC spoke on behalf of the
petitioners to ask that this rezoning request be approved.
Mayor Harris asked if there was anyone else present to speak for or against this rezoning request.
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Hearing none, the public hearing was closed.
REZONING REQUEST — PZ 04 -08
PIN #1506 -85- 8513.000
SUSAN TART ROAD
Mayor Harris stated that the public has been notified that oral and written comments will be heard and
received concerning the request by Dorothy Warren (applicant) to rezone a parcel of land totaling 30.47±
acres located along Susan Tart Road (SR 1844) west of the National Guard Armory.
This property is currently zoned R -20; Single Family Residential District and is requested to be rezoned to
CO; Office and Institutional District.
The public hearing was duly advertised on March 11, March 25 and April 1, 2008.
Mayor Harris asked if there was anyone present to speak for or against this rezoning request.
Mr. Richard Herring, Herring and Associates, spoke on behalf of the applicant, Dorothy Tart Warren and
stated he was present to answer any questions about this rezoning.
Ms. Vickie Wilson, spoke in opposition of this rezoning request. Her family resides on JW Edwards Lane
which adjoins the property requested to be rezoned to CO. They live in a rural area with only four houses
and open fields and her family would like for this property to remain rural.
Mayor Harris asked if there was anyone else present to speak for or against this rezoning request.
Hearing no further comments, Mayor Harris closed public hearings and reconvened the regular agenda at
5:17 p.m.
CONSENTITEMS
Minutes - Council considered approval of minutes of the February 28, 2008 Special Call meeting.
Minutes - Council considered approval of minutes of the March 6, 2008 Council meeting.
Minutes - Council considered approval of minutes of the March 13, 2008 Special Call meeting.
Tax Releases/Refunds- Council considered approval of Tax Releases/Refunds #162 - #173. Copies of Tax
Releases /Refunds are filed in the office of the Tax Collector. F
Proclamation - Council considered approval of a Proclamation designating April 19 through May 3, 2008 as
Spring Litter Sweep 2008. A copy of Proclamation (P2008 -03) Spring Litter Sweep is incorporated into
these minutes as Attachment #2.
Proclamation - Council considered approval of a Proclamation designating May 4 through May 10, 2008 as
Municipal Clerks Week. Mayor Harris read the Proclamation and recognized City Clerk Debra G. West. A
copy of Proclamation (P2008 -04) Municipal Clerks Week is incorporated into these minutes as Attachment
#3.
Proclamation- Council considered approval of a Proclamation designating April 13 through April 19, 2008
as National Library Week. Council Member Joey Tart read the Proclamation and recognized Librarian
Mike Williams. A copy of Proclamation (P2008 -05) National Library Week is incorporated into these
minutes as Attachment #4.
Motion by Council Member Maness, seconded by Council Member Joey Tart to approve all consent items.
Motion unanimously approved.
ITEMS FOR DECISION
REZONING REQUEST PZ 03 -08
PIN #1527 -71- 2446.000
SADLER ROAD
A request was received from Sadler Brothers (applicant) to rezone a parcel of land, totaling 3.4± acres and
located along Sadler Road (SR 1830) adjacent to the truck stop property.
This property is currently zoned I -100; Industrial District and is requested to be rezoned to C -3; Highway
Commercial District.
As of January 1, 2006, NCGS 160A -383 requires written statement on all rezoning amendment decisions
(adoption and rejections); requires that statement address plan consistency, reasonableness and public
interests furthered.
The Planning Board met on March 18, 2008 and recommended approval of this request.
Motion by Council Member Galbreath, seconded by Council Member Maness to approve the request from
Sadler Brothers to rezone a parcel of land (PIN #1527 -71- 2446.000) totaling 3.4± acres and located along
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Sadler Road (SR 1830) adjacent to the truck stop property from I -100; Industrial District to C -3; Highway
Commercial District based on the following justification:
1) C -3 uses are consistent with the 2030 Land Use Plan for this area.
2) The amendment is not inconsistent with the surrounding land uses which are both (historically
mixed commercial and industrial) in this area. Moreover the evolving pattern of Highway
Business uses in this area warrant this change.
3) The permitted uses in the C -3 District are not considered detrimental to the area and would be a
benefit to the entire community.
Motion unanimously approved.
REZONING REQUEST PZ 04 -08
PIN #1506 -85- 8513.000
SUSAN TART ROAD
A request was received from Dorothy Warren (applicant) to rezone a parcel of land totaling 30.47±
acres and located along Susan Tart Road (SR 1844) west of the National Guard Armory.
This property is currently zoned R -20; Single Family Residential District and is requested to be rezoned to
CO; Office and Institutional District.
As of January 1, 2006, NCGS 160A -383 requires written statement on all rezoning amendment decisions
(adoption and rejections); requires that statement address plan consistency, reasonableness and public
interests furthered.
The Planning Board met on March 18, 2008 and recommended approval of this request.
Council Member Tumage asked Planner Neuschafer what happens to the access road that leads into the
property to the Waste Treatment Plant. Planner Neuschafer responded that this is a request to rezone the
property and there would not be any changes for this specific request. Mr. Neuschafer explained that there
was another action requested at the Planning Board meeting for a subdivision which was tabled by the
Planning Board and if that request had been approved, there may be some possible changes; however, for
this particular request, it will change the permitted use of the property.
Mayor Harris yielded to City Attorney Pope for his opinion about the impact that this rezoning request
would have on JW Edwards Lane. Attorney Pope explained that before the Council, is a request to rezone
the permitted uses of the property. At a future time, assuming the property owner wishes to develop the
property, they would have to come back before the Council with a development plan including subdivision
maps, what infrastructure improvements are contemplated, and things of that nature. In the event the
Council would approve the rezoning as recommended by the Planning Board, it would have no immediate
effect on that road.
Motion by Mayor Pro Tem Robinson, seconded by Council Member Billy Tart to approve the request from
Dorothy Warren to rezone a parcel of land (PIN #1506 -85- 8513.000) totaling 30.47± acres and located
along Susan Tart Road (SR 1844) west of the National Guard Armory from R -20; Single Family
Residential District to CO; Office and Institutional District based on the following justification:
1) C -O uses are consistent with the 2030 Land Use Plan for this area.
2) The amendment is not inconsistent with the surrounding land uses which are both (historically
mixed commercial and residential) in this area. Moreover the evolving pattern of office uses in this
area warrant this change.
3) The permitted uses in the CO District are not considered detrimental to the area and would be a
benefit to the entire community.
Motion unanimously approved.
MAYORAL BOARD APPOINTMENTS
TO BETSY JOHNSON HOSPITAL AUTHORITY
(MAYORAL APPOINTMENT)
Mayor Harris explained that Betsy Johnson Regional Hospital has petitioned the City with a request with
reference to the board appointments. Mayor Harris yielded to City Attorney Pope to address this issue.
Attorney Pope stated that enclosed in the agenda books, is a letter from Betsy Johnson Regional Hospital
CEO Kenneth Bryan with the nominees that have been submitted to both Council and the Mayor for their
✓; consideration under the terms of various agreements between the hospital and the City. Included with that
request, is the bylaws of the hospital prohibit serving more than two (2) consecutive terms; however, they
contemplate that the Harnett Health System Board of Directors will be constituted sometime later this year
and rather than appoint a new person that will take approximately six (6) months to get trained and
acclimated with the business of the hospital, they are requesting the Council to agree to a waiver of those
bylaws for two (2) of the proposed appointees, Heather Williams and Dr. Brent Ellmers who have already
served two (2) consecutive terms as they anticipate their terms will be cut short later this year once the
Harnett Health System Board is constituted. In the event that the Council is agreeable to this waiver, he
suggested they pass a motion to agree to waive the bylaw restrictions as it relates to those two (2)
appointees and then if the Mayor concurs with the nominees submitted to him, he may make his two (2)
appointments and then the next item on the agenda are City Council appointments.
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Motion by Council Member Tumage, seconded by Council Member Joey Tart to waive the Betsy Johnson
Regional Hospital bylaw restrictions for consecutive terms as it relates to Heather Williams and Dr. Brent
Ellmers for one additional term. Motion unanimously approved.
Mayor Harris made the following re- appointments to the BJRH Authority with terms beginning April 1,
2008 and expiring March 31, 2011 or until such time that the new Harnett Health System, Inc. Board
assumes governing authority:
Mr. Ernest J. Alphin
Ms. Heather H. Williams
BOARD APPOINTMENTS
TO BETSY JOHNSON HOSPITAL
BOARD OF TRUSTEES
(COUNCIL APPOINTMENT)
A motion was made by Council Member Tumage and seconded by Council Member Joey Tart to reappoint
Dr. Brent Ellmers and Mr. Ted C. Fitzgerald to the BJRH Board of Trustees with a term beginning April 1,
2008 and expiring March 31, 2011 or until such time that the new Harnett Health System, Inc. Board
assumes governing authority. Motion unanimously approved.
CERTIFICATE OF SUFFICIENCY
700" BLOCK OF E. DIVINE STREET
CURB & GUTTER PETITION
The City of Dunn has received a petition from a majority of the property owners in the 700' block of E.
Divine Street, requesting the installation of curb and gutter along this street. The signed petition also
represents a majority in number of lineal feet of frontage abutting upon the 700" block of E. Divine Street.
Once a petition is received and examined to determine that it is represented by a majority of the property
owners, then the City Clerk submits the petition to the governing body, accompanied by a "Certificate as to
Sufficiency of Petition for Improvement'.
Once the City Council approves the Certificate of Sufficiency, then a Preliminary Assessment Resolution
will be presented to the Council.
Motion by Council Member Joey Tart, seconded by Council Member Maness to approve the Certificate of
Sufficiency for the 700 block of E. Divine Street Curb and Gutter petition. Motion unanimously
approved. A copy of the Certificate of Sufficiency of Petition for the 700' block of E. Divine Street Curb /
and Gutter is incorporated into these minutes as Attachment #5.
PRELIMINARY ASSESSMENT RESOLUTION
700 BLOCK OF E. DIVINE STREET
CURB & GUTTER
To proceed with this project, the governing body shall adopt a Preliminary Assessment Resolution and set a
date for a public hearing to hear all matters covered by this resolution. A copy of the resolution shall be
mailed to all owners of property subject to the assessment.
Motion by Council Member Galbreath, seconded by Council Member Joey Tart to adopt the Preliminary
Assessment Resolution for the 700' block of E. Divine Street Curb & Gutter and set a public hearing date
for May 1, 2008 at 7:00 p.m. in the City of Dunn Municipal Building to hear all matters covered by this
resolution. Motion unanimously approved. A copy of Preliminary Assessment Resolution (R2008 -03) for
the installation of curb and gutter in the 7001h block of E. Divine Street is incorporated into these minutes
as Attachment #6.
CONSIDERATION OF DEMOLITION /RENOVATION
OF THE CIVIC CENTER PROPERTY (OLD ARMORY)
The City Council held a Special Call meeting on February 28, 2008 for the purpose of conducting a public
hearing concerning the demolition/renovation of the Civic Center Property (Old Armory) owned by the
City of Dunn and located at 200 N. General Lee Avenue.
A petition was made available for distribution to those persons desiring to petition the City Council to call
for a referendum to borrow monies for renovation of the Civic Center property, together with a
corresponding tax increase to pay for said renovations. At least twenty (20 %) of the registered voters of the
City of Dunn, North Carolina, as certified by the Harnett County Board of Elections, must execute the
petition in order for the City Council of the City of Dunn to hold a public referendum.
On March 31, 2008, the City Clerk received a petition containing nineteen (19) signatures and is enclosed
for review.
Mayor Harris yielded to Council Member Tumage. Mr. Turnage stated that before the Council considers
voting on the Civic Center /Armory issue, he would like for them to consider two thoughts. The individuals
that spoke during the public hearing were unanimous for moth - balling the Civic Center /Armory. No one
spoke at the public hearing for tearing down the structure. This Council knew there would not be enough
signatures to take this issue to a vote during these economic hard times. No one wants another tax. First,
there is no current plan for our City to use the property if the 28,000 square foot building is torn down.
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After discussions with Manager Autry and Recreation Director Hudson this past week, they told him of
initial work that has been done in securing a parks and recreation grant for the Tyler Park complex. He
proposes to see what develops from this effort before they demolish this structurally sound building and see
if the design would include using the building, parts thereof or would fund the demolition. Secondly, he
stated that we are in a significant part of the BRAC All- American corridor; second only to Fayetteville in
its impact. We have a great task force working to help Dunn share in the residential and commercial
growth that BRAC will bring. If we vote to demolish the Civic Center /Armory immediately and a
developer is considering a renovation instead of a new construction, we would forfeit that opportunity to
expand our tax base; therefore, he proposed that both of these courses of actions to mothball the building
and wait until the completed parks and recreation grant is briefed to the Council or a developer or a local
group comes forward with a proposed use of the Civic Center /Armory building, whichever comes first
before we vote. Regardless of what we decide tonight, he recommended the City Manager have the Civic
Center /Annory secured from further weather, bird damage or vandalism.
Mayor Pro Tern Robinson stated that regretfully but without reservations, he offered a motion to accept the
recommendation from the study committee to demolish this center and to authorize the City Manager to
move expeditiously to seek bids for demolition of this site. Motion was seconded by Council Member
Galbreath.
Mayor Harris asked for further comments.
Mayor Pro Tern Robinson stated that he offered this motion regretfully but based on a years study and
based on the enthusiasm this community has shown about trying to put together some method of saving this
facility, it seems to him, that the prudent thing would be to move forward with this project. At the same
time, some consideration should be given to commemorating the memory of those people who were either
inducted into service or were a part of the National Guard and stationed through that Armory. He
suggested they consider saving some of the original brick for construction of some type monument and
even following the example that they used at Dunn High School in allowing citizens who have a special
attachment to that facility, either to reserve a brick at no cost or some minimal cost so that they can
preserve memories in their personal collection.
Council Member Joey Tart stated that Mr. Tumage brought up a point about a grant and if there is any new
information about a grant, he would like to hear it, other than that, he is in agreement with the motion that
has been made.
Council Member Turnage stated that he talked with each one of the Civic Center committee members. In
the guidelines of the Civic Center Committee, their primary purpose was not to find a use for this building
but to find if the building was structurally sound. Obviously, they did not find any uses but that was not
their primary purpose. If they delay this, they may find a use as was discussed at the public hearing. That
use may come in a year or two years. This grant is in its infancy and he does not know the timeline. If they
do not have a plan for the property that this building is on, he sees no reason to destroy it and spend over
$100,000 to tear the building down.
Mayor Pro Tern Robinson called for the question.
Motion carried 5 -1 to demolish the Civic Center /Armory with Council Member Turnage casting the
dissenting vote.
Mayor Harris stated that this has been a tough issue for this Council and it was something that was dropped
in the laps of this Council. He added that this Council has acted on this issue as open as they could. It is
the recommendation of the Civic Center Committee they accepted. They tried to find alternatives by
offering a public hearing for the public, which was not required. This Council went over and beyond their
duties and due diligence that is required of them as trustees of City property. The Council has spoken.
Council Member Maness stated five (5) years ago, the Council inherited this decision. A year ago, at a
reheat by the previous Council, he was very excited when an alternative proposal was submitted by the
City Planner and he was an advocate of that proposal. That is the only reason a decision was not made a
year ago. He is in favor of some sort of monument to commemorate the memory of veterans of past and
present conflicts to the emergency first responders, to all those that protect the freedoms that we cherish.
CONSIDERATION OF CONTRACT AND
AGREEMENT FOR THE CREATION OF
DUNN EMERGENCY SERVICES, INC.
City Attorney Pope explained that this is a proposed contract and agreement between the City of Dunn and
Dunn Rescue Squad, Inc. which would result in the formation of Dunn Emergency Services, Inc. He gave
the following highlights of the agreement:
• This agreement is contingent upon an expansion of the Averasboro Rural Fire District to
incorporate the Municipal Limits of the City of Dunn.
• A resolution is attached for consideration in the event that this contract is adopted to request the
Harnett County Commissioners to incorporate the Municipal Limits into the Averasboro Rural
Fire District.
• Dunn Rescue Squad, Inc. will reorganize itself into a new name of Dunn Emergency Services, Inc.
in the event this is implemented and it will have a new board of directors with two members being
appointed by the City Council, two appointed by the current board of directors of the Dunn Rescue
Squad, two being appointed by the Averasboro Fire District Board of Advisors and one being
elected from among the volunteers of the new combined entity being the firemen, rescue and
EMS.
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• The City will transfer all full -time employees of the Dunn Fire Department to the new non - profit
entity, Dunn Emergency Services, Inc.
• Dunn Emergency Services, Inc. will have an EMS, Fire and Rescue Division in the event this
consolidation takes place which will be effective July 1, 2008.
• The City of Dunn will transfer to the non - profit organization, various items of personal property
that are used in conjunction with the Fire Department which are listed and attached to the
agreement; fire trucks, hoses, turn-out gear and things of that nature.
• No real estate is being transferred. Both fire stations will remain assets and property of the City of
Dunn.
• In the event that Dunn Emergency Services, Inc. should ever cease operations as a non - profit
corporation or should dissolve or cease operations for any reason, then all assets transferred by the
City would revert back to the City of Dunn and once again become the property of the City.
• The City would transfer two pending grants that have been awarded to the City to purchase a new
fire truck pumper /tanker and also for the hiring of two additional full -time firefighters. Those
grants have been awarded to the City and are transferable to a qualified non - profit such as Dunn
Emergency Services, Inc.
• The Fire Station on Wilson and Hamett will be leased to Dunn Emergency Services, Inc. for a
term of 20 years for $1.00 per year with Dunn Emergency Services being responsible for all
maintenance, upkeep, repairs, insurance and taxes.
• Dunn Emergency Services, Inc. will not have any need or use for the Powell Avenue Fire Station
Facility, which will also be retained by the City of Dunn.
• Funding for Dunn Emergency Services, Inc, will be strictly with a contract with the County as it
relates to EMS and Rescue services and the fire services will be funded by tax collection from the
Averasboro Rural Fire District, which if approved by Harnett County pursuant to the Council's
request, will incorporate the municipal limits of the City of Dunn.
Attorney Pope explained that these are the core terms as discussed at the Special Call Council Meeting and
Public Hearing. The attachments to the contract are the resolution requesting the expansion of the
Averasboro Rural Fire District to include the Municipal Limits of the City of Dunn, the second being a list
of the assets of the Dunn Fire Department that are proposed to be transferred to Dunn Emergency Services,
Inc. and the third being a lease agreement relevant to the Wilson Avenue Fire Station.
Attorney Pope stated that in the event the Council approves this agreement, the next item on the agenda is a
Resolution to the Hamett County Board of Commissioners requesting an expansion of the Averasboro
Rural Fire District and the third item is a Resolution approving a negotiated private sale of City property
and lease of real property which are the assets that would be transferred from the Fire Department to Dunn
Emergency Services, Inc. as well as a lease in excess of ten years.
Mayor Harris stated that Rescue Squad, Inc. Chief Gary Whitman is present in the audience as well as Pat
Godwin, Chairman of Dunn Rescue Squad, Inc. Board. He read a resolution authorizing the consolidation
from the Averasboro Fire District Board from their meeting held on April 8, 2008. A motion was made by
Doug Lee and seconded by Ricky Miller that the Board of Directors of the Averasboro Fire District endorse
a proposed consolidation of the Dunn Fire Department, Averasboro Fire District and Dunn Rescue Squad
and the motion was approved.
Mayor Harris stated that this consolidation is with the intent to provide 24/7 service to the citizens and to
improve services. The Averasboro Fire District currently has a tax rate of .04 cent. The City of Dunn
currently has a tax rate of .04 cent that would be released. At the same time, the Averasboro Fire District
would release their .04 cent. The Rescue Squad is making a recommendation to the Hamett County Board
of Commissioners to set the fire rate at .07 cents, which would be an overall increase of .03 cents. The City
of Dunn is not placing this responsibility on the County Commissioners because they want to but because it
is outside the City jurisdiction and authority once the Council votes to merge the Dunn Fire Department to
become a part of the Averasboro Fire District. If the City had to increase the rate, they would because they
think the services are that essential. He encouraged everyone to attend the public hearing before the
Hamett County Commissioners to ask them to approve the consolidation, to provide the services in the
manner by which the City is requesting and the City would support them in increasing the rate by .03 cents.
By combining the services, the fire rating will decrease over time, creating lower insurance rates.
Mayor Pro Tom Robinson stated that he would encourage the Hamett County Commissioners to see this as
the City Council. Even if the rates change, it is an investment in public safety and something that they
should continue to do for the citizens who live in the area and within the County. He will talk to his
County Commissioner and encourage them to support this Council as they attempt to improve service to
the citizens.
Mayor Harris stated that if the City of Dunn wanted to offer this same service, the tax rate would be much
higher than .07 cents. By consolidating and pooling all the resources together, they can limit it to .07 cents.
*Clerks Note: Action on this agenda topic was taken after adopting the Resolution Requesting Expansion
of the Averasboro Rural Fire District to Include the Municipal Limits of the City of Dunn.
CONSIDERATION OF RESOLUTION
REQUESTING EXPANSION OF
AVERASBORO RURAL FIRE DISTRICT
TO INCLUDE MUNICIPAL LIMITS OF
THE CITY OF DUNN
Motion by Council Member Galbreath, seconded by Council Member Joey Tart to approve the resolution
requesting expansion of the Averasboro Rural Fire District to include the Municipal Limits of the City of
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Dunn. Motion unanimously approved. A copy of Resolution (R2008 -04) requesting expansion of the
Averasboro Rural Fire District to include the Municipal Limits of the City of Dunn is incorporated into
these minutes as Attachment #7.
CONSIDERATION OF CONTRACT AND
AGREEMENT FOR THE CREATION OF
DUNN EMERGENCY SERVICES, INC
Motion by Council Member Turnage, seconded by Council Member Billy Tart to approve the contract an d
agreement for the Creation of Dunn Emergency Services, Inc. Motion unanimously approved. A copy of
the contract and agreement creating Dunn Emergency Services, Inc. is incorporated into these minutes as
Attachment #8.
RESOLUTION AUTHORIZING
a / SALE OF CITY PROPERTY BY
PRIVATE SALE AND LEASE OF
REAL PROPERTY OWNED BY
CITY FOR A TERM GREATER
THAN TEN (10) YEARS
Motion by Council Member Joey Tart, seconded by Council Member Billy Tart to approve the resolution
authorizing sale of City property by private sale and lease of real property owned by City for a term greater
than ten (10) years. Motion unanimously approved. A copy of Resolution (R2008 -05) authorizing sale of
City property and lease ofreal property is incorporated into these minutes as Attachment 49.
IMPLEMENTATION OF
MODIFIED STAGE 2 VOLUNTARY
WATER CONSERVATION
On November 1, 2007, the City Council implemented Stage 3 Moderate Mandatory Water Conservation
Measures in the City of Dunn.
Manager Autry explained that the City is asking to implement Modified Stage 2 Voluntary Water
Conservation Measures effective immediately. This will allow sprinkler systems to water on Tuesday,
Thursday and Saturday.
Motion by Council Member Billy Tart, seconded by Council Member Maness to implement Modified
Stage 2 Voluntary Water Conservation Measures. Motion unanimously approved. A copy of Modified
Stage 2 Voluntary Water Conservation Measures is incorporated into these minutes as Attachment #10.
Mayor Harris read the Stage 2 Voluntary Water Conservation Measures.
PARTICIPATION IN THE FY 2008
SCATTERED SITE HOUSING PROGRAM
Planner Neuschafer explained that the Scattered Site Housing Program will be applied for by the County as
it has been in the past and they are requesting that each municipality decide if they want to participate or
not. He recommends participation. The program is for the rehab of single family dwelling units through-
out the County. Each application will be reviewed and scored and those most deserving within the County
and each municipality participating will be eligible to receive grant monies. This application was applied
for by the County and the City of Dunn has an opportunity to participate with the County. He explained
that with a total grant amount of $400,000, the maximum for each house would be approximately $40,000,
resulting in the rehab of eight to ten houses through -out the entire County.
Motion by Council Member Turnage, seconded by Council Member Maness to approve the authorization to
participate in the CDBG program request with Harnett County and appoint Mayor Pro Tern Robinson or his
designee to represent the City on this committee. Motion unanimously approved.
REZONING REQUEST PZ -07 -07
PIN #1516 -38- 7462.000
202 S. GENERAL LEE AVENUE
Council Member Joey Tart explained that he made a motion in November, 2007 to table this item because
of some allowances in the CO Permitted Uses. The Planning Board and City Council have since made
changes to the permitted uses in the CO District. Previously the CO District allowed for drug stores and
this use has since been removed from the CO District. It is now appropriate to move ahead to rezone this
property. This property, approximately one -fourth acre, is located beside and behind CO properties.
Mayor Harris asked that action on this matter be deferred until the May City Council meeting to give
himself and those Council members that were not on the board in November, time to review this issue. It
may not be the right thing to bring it from the table and vote on it tonight since this issue has been tabled
for a length of time, without making the public aware of this situation.
Mayor Pro Tem Robinson stated that he has no reservation about voting on this issue.
Council Member Tumage stated that he concurred with the Mayor's recommendation, especially since this
issue is coming off the table and the public would not be allowed to speak about this matter even though a
public hearing was held on this issue.
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Mayor Harris asked Council Member Joey Tart to state his motion
Motion by Council Member Joey Tart, seconded by Council Member Maness to approve the rezoning
request for 202 S. General Lee Avenue from R -10; Single Family Residential District to CO; Office and
Institutional District with the following justification:
1) CO uses are consistent with the 2030 Land Use Plan for this area.
2) The amendment is not inconsistent with the evolving land use pattern for this area. The
surrounding land uses are office or residential in nature and this change will be acceptable since
both office and residential uses are allowed in the CO District.
3) The permitted uses in the CO District are not considered detrimental to the neighborhood and
would be a benefit to the entire community.
Mayor Pro Tem Robinson asked Planner Neuschafer if there is any information contrary to the justification
given to rezone this property.
Planner Neuschafer stated there is probably enough information to use these justifications, but it is the
decision of the Council to decide if these justifications are accurate in a motion to approve the rezoning.
The property directly adjacent has been rezoned to the CO District in the past and it is certainly in the realm
to understand that the justification is possible.
Mayor Harris stated that he would yield to the wishes of the Council, but this item was tabled in November,
2007. This item of business was not on the agenda and was added by amendment without the public
knowing that the Council would vote on this particular issue and the public not having the opportunity to
represent themselves; this is not the right thing to do.
Council Member Tonnage agreed with Mayor Harris. The encroachment of any commercial development
on a side street, being S. General Lee Avenue, is not palatable to one of the oldest neighborhoods in Dunn.
West Cumberland and South General Lee are one of the most dangerous intersections. He suggested they
wait on further comments from the public or vote against the rezoning.
Council Member Billy Tart suggested sending this issue back to the Planning Board.
Mayor Harris stated that he would yield to the wishes of the Council. His concern is not based on the
merits of the request or the motion itself, but the procedure by which they are processing this request. The
Council needs to defer action, if agreeable with Council Member Joey Tart.
Council Member Joey Tart pointed out that the Mayor and Council Member Tumage mentioned it is not
right for the Council to vote without a public comment period; however, a public hearing has already been
held for this issue. He asked for the City Attorney's opinion.
City Attorney Pope agreed with Council Member Joey Tart that the public hearing has been held. Unless
the Council allowed an additional public hearing, there is no additional public hearing required at either the
Council or Planning Board; however, the Planning Board rejected the request for the rezoning. When they
did so, they did it based on a CO zoning district that has now changed. If the Council sent this issue back
to the Planning Board, their recommendation may be different since the CO district has changed.
City Attorney Pope explained that the Council is free to move forward or they could send it back to the
Planning Board for further discussion. There will be no further public hearing and under the rules of the
Public Comment Period, they will not be allowed to speak during the Public Comment Period since a
public hearing has already been held. The only further opportunity for the public to be heard would be in
the event that the Council would voluntarily decide that it wishes to have further public comment.
Mayor Harris stated that he is not saying they need additional further public comments, but he is saying that
the Council should place it on the agenda for their next meeting and then take action.
Council Member Maness asked City Attorney Pope is it inappropriate to request to take a tabled item from
the table at any time. Attorney Pope responded generally speaking, yes. Council Member Maness asked
Attorney Pope if the Council is doing anything procedurally inappropriate at this point. Attorney Pope
responded no.
Council Member Maness called for the question.
Motion to approve the rezoning carried 5 -1 with Council Member Turnage casting the dissenting
vote.
ITEMS FOR DISCUSSION
AND /OR DECISION
INTERLOCAL AGREEMENT
FOR BUILDING INSPECTION
SERVICES
TOWN OF ANGIER
Manager Autry explained that this is an Interlocal Agreement for Building Inspection Services between the
City of Dunn and the Town of Angier to enable the City of Dunn to continue to provide building inspection
services to the Town of Angier.
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This issue was discussed during the budget/planning session
The City of Dunn has performed inspection services for the Town of Angier since July 1, 2005. The
renewed agreement reflects an increase from $33,000 to $36,000 per year. The duration of the contract is
three years, but upon 90 days written notice of either party, the contract may be rescinded without cause.
Motion by Council Member Joey Tart, seconded by Council Member Tumage to approval the Interlocal
Agreement for Building Inspection Services between the City of Dunn and the Town of Angier to enable
the City of Dunn to continue to provide Building Inspection Services to the Town of Angier. Motion
unanimously approved. A copy of this Interlocal Agreement between the City of Dunn and the Town of
Angier is incorporated into these minutes as Attachment #11.
SUMMER HOURS
Manager Autry explained that for the past four years, the City Council has approved summer operating
hours for City offices. The summer hours of 7:30 a.m. — 4:00 p.m. will begin June I" and end August 31".
The transition to summer hours has worked very well during the last four years. To allow adequate time to
notify our citizens, the City Council is being asked to adopt these hours effective June I".
Motion by Council Member Billy Tart, seconded by Council Member Maness to adopt the summer
operating hours of 7:30 a.m. — 4:00 p.m. beginning June 1" and ending August 31" for the City of Dunn
employees. Motion unanimously approved.
SET DATE FOR SPECIAL
CALL MEETING /BUDGET
WORK SESSION
Discussion was held about a suggested date for a Special Call meeting/Budget Work Session. The date of
May 13, 2008 was discussed. Council consensus was to cheek',their calendars and consider this date at the
May Council meeting.
ADMINISTRATIVE REPORTS
Motion by Council Member Maness, seconded by Council Member Joey Tart to accept the Administrative
Reports. Motion unanimously approved.
In response to concerns with racial profiling, Council Member Galbreath asked Police Chief Jones to
provide racial break -downs in future traffic reports.
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EXECUTIVE REPORTS
Council Member Joey Tart stated that this Council has made some difficult decisions tonight and although
he knows they haven't satisfied everyone, this Council has fulfilled their judiciary responsibility to the
citizens of Dunn. This Council has done a good job working through these difficult issues.
Council Member Turnage announced the Pedestrian Planning Committee that he serves on, will have their
first open house on April 29, 2008 from 6:30 — 8:30 p.m. at the Dunn Community building located on
Jackson Road at Tart Park. He encouraged the public to come out for this open house and learn more about
the Pedestrian Plan. Planner Neuschafer heads this Committee.
Council Member Billy Tart stated that he has received several comments on the noise ordinance. He would
hope to discuss this issue during the budget workshops or at some point with the Police Department.
Mayor Harris commented on litter in the City and asked that this issue be addressed during the budget
workshops.
Council Member Maness thanked all the local area businesses and individuals that are sponsoring the
City's recreation teams. The sponsors make it much better for our youth and he thanked them for their
assistance with the recreation programs.
Mayor Pro Tem Robinsons encouraged the Council to consider the fact that one of the main problems faced
by youth in this City is summer employment. As they approach the budget session, he asked that they
consider investing in the young people in this community to create some summer employment and that
employment not be limited to Public Works. He encouraged corporate citizens to consider increasing
employment opportunities for children in the Dunn area.
Mayor Pro Tern Robinson encouraged everyone to vote. Tomorrow is the final day for paper registration
form. He gave the dates of elections and one -stop voting sites.
Council Member Galbreath reported to the citizens of Dunn and Ward 3, that the Mayor, Mayor Pro Tern
and City Attorney have looked at the houses one block from City Hall on E. Broad Street. They are very
close to bringing to the table, ways to address the clean -up of E. Broad Street. This is a major entrance-
way to the City and has been in disarray for some time. He concurred with Council Member Billy Tart as it
related to the noise ordinance. The Council hopes to pass a noise ordinance as it relates to the loud music
that contains profane language and music blasted all hours of the night.
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Council Member Galbreath announced that the Police Athletic League (PAL) will sponsor a carnival at the
old Wal Mart parking lot from April 24, 2008 through April 27, 2008. He encouraged the public to
participate. PAL is continuing their fund raising efforts as it relates to a pig - pickin for 50 people or a $200
prize. The pig - pickin will be sponsored by former Council Member Donnie Olds and the drawing for this
event will be June 2, 2008 at the PAL Center.
Council Member Galbreath commended Triton High School ROTC instructor, Major Steve Jones, in his
powerful speech at a recent event held for the youth.
Manager Autry announced and invited everyone to the Boogie Down on Broad Street event being held in
Downtown Dunn tonight.
Mayor Harris thanked the Council for the attention they gave to this historic agenda tonight. He will add to
future agendas, committee reports from the various committees that each Council Member is assigned to
give a short report from the various functions and any items to bring to the Council's attention. He
announced that May 1, 2008 will be the National Day of Prayer. The Mayor's Prayer Breakfast will be
held at the Gospel Tabernacle Life Center beginning at 7:30 a.m. on May 1, 2008 with Rev. Dr. Charles
Kelly speaking. On this same day, the Leaders of Tomorrow Shadow Program will be held.
With no further business to discuss, a motion was made by Council Member Joey Tart and seconded by
Council Member Maness to adjourn the meeting at 6:50 p.m. Motion unanimously approved.
Attest:
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Debra G. West
City Clerk
CITY
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O §car N. Harris
Mayor
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