03112104i11:'�
MINUTES
CITY OF DUNN
DUNN, NORTH CAROLINA
The City Council of the City of Dunn held a Regular Meeting on Tuesday, March 11, 2014, at 7:00
p.m. in the Dunn Municipal Building. Present was Mayor Oscar N. Harris, Mayor Pro Tem Buddy
Maness, Council Members N. Carnell Robinson, Frank McLean, Billy Tart and Billy Barfield. Also
present was City Manager Ronnie Autry, Assistant City Manager Steven Neuschafer, Finance
Director Mark Stephens, Assistant Finance Director Debbie Williams, Public Utilities Director Dean
Gaster, Public Works Director Billy Addison, Chief Building Inspector Steven King, Planning
Director Samantha Wullenwaber, Police Chief Jimmy Pope, Human Resources Director Anne
Thompson, Recreation Director Perry Hudson, Librarian Mike Williams,. City Engineer Michael
Goliber, City Attorney P. Tilghman Pope, City Clerk Debra West and Daily Record Reporter Brian
Haney.
Absent: Council Member Turnage (excused — work related)
INVOCATION
Mayor Hams opened the meeting at 7:00 p.m. and asked Reverend Tim Rice, President of the Dunn United
Ministerial Association and Pastor of Glad Tidings Church to give the invocation. Afterwards, the Pledge
of Allegiance was repeated.
AGENDA ADJUSTMENT AND APPROVAL
Motion by Council Member Robinson and seconded by Council Member Maness to adopt the March 11,
2014 meeting agenda with changes, if any, as listed below.
Items Added to the Agenda:
• Presentation — Proclamation to Celebrate the 95th Birthday of the American Legion
Agenda Items Removed:
• none
Motion unanimously approved.
PRESENTATION
Proclamation to
Celebrate the 95`h Birthday of the
American Legion
Mayor Harris presented a Proclamation to representatives of the American Legion Post 59 and Charles
Cooke American Legion Post 193, recognizing March 15, 2014 as the 95s' Birthday of the American
Legion and proclaiming March 15, 2014 as American Legion Day in the City of Dunn. A copy of
Proclamation (P2014 -02) recognizing the American Legion is incorporated into these minutes as
Attachment #1.
PUBLIC COMMENT PERIOD
Mayor Harris opened the floor for a (30) minute public comment period
Mr. James Newkirk, 310 Chicken Farm Road, Dunn, NC stated that he goes to the PAL facility every week
to talk to the young men and without PAL he would not know where these young men would be. PAL is a
much needed organization and he would hate to see it discontinued. He stated that he would like to see
more men step up to help these young men.
Ms. Millicent Jones, 710 S. Layton Avenue, Dunn, NC spoke in support of PAL. She works in the
community with the youth and helps those that need treatment for drug addictions. She is afraid that if
there is nothing at PAL, then these young people will feel there is nothing for them and they will resort to
the streets. She grew up in Dunn and often remembers going to the park as a child. She is an advocate for
the kids having somewhere to go. She asked that the Council please do something good for the kids.
Hearing no additional comments, the public comment period was closed.
Mayor Hams recessed the Council meeting and opened Public Hearings at 7:16 pm.
PUBLIC HEARINGS
Rezoning Request PZ-01 -14
United Developers, Inc.
PIN #s 1507 -93 -2984. 000, 1507 -94- 7081.000,1507 -94- 4483.000
4300 block of Ashe Avenue
(Request by applicant to withdraw petitionf
The public was notified of the request for a rezoning from United Developers, Inc. in the 4300 block of
Ashe Avenue. The applicant decided to withdraw the application on February 25, 2014 due to opposition
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from property owners in the area. The applicant withdrew the application before the Planning Board
meeting and no one was present to speak on the request, therefore the withdrawal was accepted.
Conditional Use Permit CU -01 -14
United Developers, Inc.
PIN #s 1507 -93- 2984. 000,1507 -94- 7081.000,1507 -94- 4483.000
4300 block of Ashe Avenue
(Request by applicant to withdraw petition)
The public was notified of the request for a Conditional Use Application from United Developers, Inc. to
construct apartments in the 4300 block of Ashe Avenue. The applicant decided to withdraw the application
on February 25, 2014 due to opposition from property owners in the area. The applicant withdrew the
application before the Planning Board meeting and no one was present to speak on the request, therefore
the withdrawal was accepted.
Demolition of House
1118 S. Clinton Avenue
PIN #1516 -43- 1284.000
Mayor Harris stated that the public has been notified that oral and written comments will be heard and
received concerning the demolition of the dwelling owned by Louise J. Capps c/o Stephen D. Klass and
located at 1118 S. Clinton Avenue.
The public hearing was duly advertised on February 25, 2014 and March 4, 2014.
Mayor Harris asked if there was anyone present who wished to speak for or against this demolition.
Hearing no comments, Mayor Harris closed the public hearing.
Demolition of House
511 S. Magnolia Avenue
PIN #1516 -65- 2220.000
Mayor Harris stated that the public has been notified that oral and written comments will be heard and
received concerning the demolition of the dwelling owned by Theodore L. Williams, Jr. and located at 511
S. Magnolia Avenue.
The public hearing was duly advertised on February 25, 2014 and March 4, 2014.
Mayor Harris asked if there was anyone present who wished to speak for or against this demolition.
Hearing no comments, Mayor Harris closed public hearings and reconvened the Council meeting at 7:19
pm.
Minutes — Council considered approval of minutes of the February 18, 2014 City Council meeting
Minutes — Council considered approval of minutes of the February 28, 2014 Budget Retreat/Planning
Session.
Budget Amendments — Council considered approval of Budget Amendments #9, 10 and 11. A copy of BA
#9, 10 and 11 is incorporated into these minutes as Attachment #2.
Monthly Performance Status Report-HTC — Council considered approval of Status Report for the month of
February, 2014 for the NC Catalyst Grant 12 -C -2476 — Harnett Training School Apartments Project.
Surplus Resolution — Council considered approval of a Resolution Authorizing the Disposition of Personal
Property by electronic means through www.GovDeals.com. A copy of Surplus Resolution (82014 -04) is
incorporated into these minutes as Attachment #3.
Motion by Council Member Barfield and seconded by Council Member McLean to approve all consent
items. Motion unanimously approved.
Mayor Harris recessed the Council meeting and re- opened Public Hearings at 7:21 pm.
PUBLIC HEARINGS CON'T
Ise Public Hearing
CDBG Funds
North Carolina Department of
Environment & Natural Resources
(NCDENR) Division of Water Infrastructure (DWI)
Mayor Harris stated that the public has been notified that the City Council of the City of Dunn will hold a
public hearing for the purpose of receiving citizen input as to the needs of low and moderate income
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residents and neighborhoods within the City of Dunn. Based on the needs identified, the City may be
eligible to apply for CDBG funds to address those needs.
The City of Dunn may have some upcoming projects that are potentially eligible for CDBG Funding. In
order to be eligible to submit an application, applicants will be required to hold two (2) public hearings.
The first is a general, non - specific public hearing and is required to apply for potential monies. The second
public hearing will be a project specific hearing.
The public hearing was duly advertised on February 25, 2014.
Mayor Harris asked if there was anyone present who wished to speak for or against the City of Dunn's
intention to seek State of North Carolina CDBG program funds.
Hearing no comments, Mayor Harris closed public hearings and reconvened the Council meeting at 7:22
pm.
ITEMS FOR DECISION
Consideration of Ordinance to
Demolish House —
1118 S. Clinton Avenue
PIN #1516 -43- 1284.000
Chief Building Inspector Steven King has conducted an inspection at 1118 S. Clinton Avenue and based
upon his observations, the structure failed to comply with the minimum standards of fitness established by
the minimum housing code of the City of Dunn. The Building Inspector also found the dwelling dangerous
or prejudicial to the public health or public safety and is a nuisance in violation of G.S. § 160A -193.
The owner of the property has failed to comply with the Building Inspector's order and according to
N.C.G.S. § 160A -443, the City Council has the power to proceed with demolition of this property.
Chief Building Inspector Steven King explained that the Inspections Department received numerous
complaints about this property and there have been problems with vandalism. The owner has no interest in
making the necessary repairs and the property is being foreclosed. The bank has also expressed no interest
in repairing this structure.
Motion by Council Member Billy Tart and seconded by Council Member McLean to adopt the ordinance
directing the Building Inspector to proceed with the demolition of the dwelling located at 1118 S. Clinton
Avenue (PIN #1516 -43- 1284.000). Motion unanimously approved. A copy of Ordinance (02014 -02) to
demolish the dwelling at 1118 S. Clinton Avenue is incorporated into these minutes as Attachment #4.
Consideration of Ordinance to
Demolish House -
511 S. Magnolia Avenue
PIN #1516 -65- 2220.000
Chief Building Inspector Steven King has conducted an inspection at 511 S. Magnolia Avenue and based
upon his observations, the structure failed to comply with the minimum standards of fitness established by
the minimum housing code of the City of Dunn. The Building Inspector also found the dwelling dangerous
or prejudicial to the public health or public safety and is a nuisance in violation of G.S. §160A-193.
The owner of the property has failed to comply with the Building Inspector's order and according to
N.C.G.S. §160A-443, the City Council has the power to proceed with demolition of this property.
Chief Building Inspector Steven King explained that this structure was condemned when it suffered
significant damage from a fire on November 12, 2013. The owner has expressed no interest in repairing
this structure.
Motion by Council Member Barfield and seconded by Council Member Billy Tart to adopt the ordinance
directing the Building Inspector to proceed with the demolition of the dwelling located at 511 S. Magnolia
Avenue (PIN #1516 -65- 2220.000). Motion unanimously approved. A copy of Ordinance (02014 -03) to
demolish the dwelling at 511 S. Magnolia Avenue is incorporated into these minutes as Attachment #5.
Award Bid
Tyler Park Phase 2 PARTF Improvements
Manager Autry stated that this issue was discussed in length during the recent Council Retreat/Planning
Session.
Bids were received and opened on Tuesday, February 18, 2014 for the Tyler Park Phase 2 PARTF
Improvements.
Two (2) bids were submitted by the following contractors:
Trader Construction $468,379.00
Barnhill Construction $697,550.00
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With the low bid and soft costs (construction contingencies, engineering design/construction) the total
estimated project cost is $685,000.00 which includes Surface America, Inc.'s bid of $111,840.00 for the
rubberized resurfacing.
This was the second time bids were advertised for this project. The first bid opening date was Tuesday,
February 4, 2014; however, since only one (1) bidder was present for the bid opening; bids were not
opened and were re- advertised for February 18, 2014.
Manager Autry explained that after evaluating the bids, there were concerns about the pricing even with the
drastic difference in the two (2) bid amounts; adding that he had hoped for more than two (2) bids.
Manager Autry stated that there is still time available before this contract must be awarded and requested
that the Council defer this item of business until the next Council meeting to allow sufficient time to bring
back a recommendation to the Council.
Mayor Harris deferred this issue until the April City Council meeting.
Authorization to Accept Proposal from
DOT Rail Division to
Install Signals and Gates —
W. Pearsall Street and CSX Transportation
Crossing No. 629 756T
Manager Autry explained that this issue was discussed during the recent Council Retreat/Planning Session.
The Council is being asked to authorize acceptance of a proposal from NCDOT Rail Division, to install
signals and gates at the W. Pearsall Street Railroad crossing. The Federal Government will pay 90 percent
of the eligible cost projected to be $325,000 (Estimated City share is $32,500). Also the City will be liable
for one -half (1/2) the annual maintenance cost of the signal installation (Estimated City share is $1532
annual maintenance cost).
This crossing location qualified for Federal funds after the State of North Carolina examined all public
highway- railway grade crossings in the State and ranked them according to their need for improvement.
The Rail Division also advised that another solution to signalizing this crossing is to close this crossing to
vehicular traffic and using incentive funds from the Railroad and NCDOT Rail Division for safety
improvements at adjacent crossings.
Manager Autry stated that he must respond in writing to NCDOT Rail Division, within (60) days of receipt
of the letter dated February 3, 2014 to advise whether or not the City will participate in this proposal.
The City's share which is estimated to be $32,500 for signals and gates and $1532.00 annual maintenance
cost will be allocated in the FY 14 -15 Budget.
Motion by Council Member Robinson and seconded by Council Member Barfield to authorize execution of
documentation to accept the proposal from NCDOT Rail Division and/or Railroad Company to participate
in improvements at the W. Pearsall Street Railroad Crossing.
Discussion was held that gates and signals are already in place at the Pearsall Street crossing. Manager
Autry will confirm this information and bring this issue back to the Council.
As a result of discussion and discovery that signals and gates are already in place at this location and to
determine the reason for replacing these signals and gates or to determine if NCDOT Rail Division sent an
erroneous letter, a motion was made by Council Member Robinson and seconded by Council Member
Barfield to withdraw the previous motion. Motion unanimously approved to withdraw the previous
motion.
Temporary Blocking of Streets -
Boogie on Broad Concert Series
Manager Autry stated that a request has been received from the Event Planning Committee of the Dunn
Area Chamber of Commerce requesting the closing of E. Broad Street by 2:00 p.m. from Wilson Avenue to
Clinton Avenue. At 5:00 p.m., they are requesting to have Wilson Avenue closed from Cumberland Street
to Edgerton Street or as best determined by the Dunn Police Department on the following dates for the
event, Boogie on Broad Concert Series in Downtown Dunn:
• Thursday, April 24, 2014
• Thursday, June 5, 2014
• Thursday, October 2, 2014
Motion by Council Member Barfield and seconded by Council Member McLean to approve the temporary
blocking of streets as requested by the DACC to hold the Boogie on Broad Concert Series in Downtown
Dunn. Motion unanimously approved.
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ITEMS FOR DISCUSSION
AND /OR DECISION
Financial Report
Finance Director Mark Stephens provided the following financial report for the period ending January 31,
2014:
• As of January 31, 2014, the City had $2.7M in cash in the General Fund and $1.6M in the Water -
Sewer Fund. In January of 2013 the City had $2.8M in the General Fund and $1.7M in the Water -
Sewer Fund.
• Investment earnings are in the .10 % -.08% range.
• Building permit fees were $37,495 or 68.17% of budget. Benchmark for this month is 58.33% of
budget.
• Water and sewer revenues were $2,680,642 or 58.27% of budget. Benchmark for this month is
58.33% of budget.
• Average fuel cost in January for unleaded was $2.60 per gallon and diesel was $3.06 per gallon.
The City budgeted $3.15 per gallon.
• Sales tax revenue was $662,813 or 47.68% of budget. Benchmark for this month is 50.00% of
budget.
• Expenditures were 57.30% of budget' in the General Fund and 53.71% of budget in the Water and
Sewer fund. The benchmark for this period is 58.33% of budget.
Motion by Council Member Barfield and seconded by Council Member Billy Tart to accept the Financial
Report. Motion unanimously approved.
Daylight Saving Time Hours
Manager Autry explained that these operating hours are being referred to as Daylight Saving Time Hours
since they coincide closely with Daylight Saving Time. They were previously referred to as summer hours
and have worked very well during the past ten (10) years.
To allow adequate time to notify our citizens, the City Council is being asked to adopt operating hours of
7:30 am — 4:00 pm beginning April 28th and ending September 30".
Manager Autry pointed out that over the years, these hours have been beneficial to building contractors that
obtain permits early in the day, and for customers to pay their water bill before 8:00 am which he has
witnessed. He does not see this as a disservice to the citizens. He witnesses more traffic activity in the
drive -thru from 7:30 -8:00 am than from 4:00 -5:00 pm. Also more people are paying bills on -line and taxes
are no longer paid at City Hall.
A motion was made by Council Member Barfield to deny this request. Motion died for lack of second.
Motion by Council Member Billy Tart and seconded by Council Member Maness to adopt Daylight Saving
Time hours of 7:30 am— 4:00 pm beginning April 28a' and ending September 30'".
Mayor Harris entertained discussion and comments.
Council Member Barfield stated that the people he has talked to are opposed to the Daylight Saving Time
hours. He added that he has been approached by individuals that are against this. He stated that there are
no other businesses in Dunn that he is aware of that work these hours in the summer. He stated that he
doesn't think the citizens appreciate it, he's received phone calls from folks against it and he is against it.
Council Member Maness stated that he has only received one phone call from someone against these hours.
Motion carried 4 -1 with Council Member Barfield opposing.
ADMINISTRATIVE REPORTS
Motion by Council Member Billy Tart and seconded by Council Member McLean to accept the
Administrative Reports. Motion unanimously approved.
ANNOUNCEMENTS
The following announcements and/or comments were made.
Mayor Hams:
➢> The 2013 All- America City Quilt Tour is underway — Presently, the quilt is scheduled to be on
display at City Hall during the week of April 7 -13, 2014. He explained that last year, the City of
Dunn received the high honor of becoming an All- America City. Part of the competition required
each City to design a quilt square representing something special about their community. It will
take eleven (11) months for the quilt to tour thirteen (13) states. The twenty (20) quilt squares that
comprise the quilt represent the twenty (20) finalists for the All - America City.
➢ The next regular City Council meeting is scheduled for Tuesday, April 8, 2014 at 7:00 pm.
➢ He granted Council Member Tannage an excused absence from tonight's meeting.
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Council Member Barfield:
➢ Remembered the late Mr. John Archie for his service to the City and to the PAL Program and
expressed sympathy to his family at his recent passing.
➢ Thanked Finance Director Mark Stephens for his excellent service to the City.
Council Member Robinson:
➢ Visited PAL recently and many of the parents and employees are somewhat concerned as they
move toward the summer, primarily they are wondering what will happen to the program as they
meet the end of the 21" Century Grant cycle. This year there seems to be some greater concern
and he would like someone to give an update to the Council next month and a forecast of what
will be happening with PAL this summer as they begin their summer activities and also is there a
Plan B should the 21' Century Grant not be renewed.
➢ Reminded citizens to keep in mind that March is a windy month as they place things in the
Cemetery. Many times the Cemetery crews are blamed for things they have no control over.
➢ Requested an update on the Workforce Diversity Plan along with the positive /negative changes
and some of the activities that have taken place to strengthen the Workforce Diversity Plan.
Council Member McLean:
➢ He recently attended the Essentials of Municipal Government Conference and State Mandated
Ethics Training in Chapel Hill and found it very beneficial.
➢ He commended the Police Department for their action in reacting and helping a constituent who
intentionally ran a stop sign while having a heart attack.
With no further business to discuss, a motion was made by Council Member Barfield and seconded by
Council Member McLean to adjourn the meeting at 7:51 p.m. Motion unanimously apprpved.
�0\7Y'0F '.
Oscar N. Harris
Mayor
Attest: / _ GORPOggT .,Z
Debra G. West ' ' SEA\ -
City Clerk ...........
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