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1021201492 MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Special Call Meeting on Tuesday, October 21, 2014, at 8:00 a.m. in the Dunn Municipal Building. Present was Mayor Oscar N. Harris, Mayor Pro Tern Buddy Maness, Council Members Carnell Robinson, Frank McLean, Billy Tart, Chuck Turnage and Billy Barfield. Also present was City Manager Ronnie Autry, Assistant City Manager Steven Neuschafer, Finance Director Drew Holland, Administrative Support Specialist Melissa Dudley, City Attorney P. Tilghman Pope, City Clerk Debra West and Daily Record Reporter Keilah Goff. INVOCATION Mayor Harris opened the meeting at 8:00 am and gave the invocation. Afterwards the Pledge of Allegiance was repeated. AGENDA ADJUSTMENT AND APPROVAL Motion by Council Member Robinson and seconded by Council Member Barfield to adopt the October 21, 2014 meeting agenda with changes, if any, as listed below. Items Added to the Agenda: • none Agenda Items Removed: • none Motion unanimously approved. ITEMS FOR DISCUSSION AND /OR DECISION Consideration to Adopt Resolution Concerning the Redistricting of Harnett County Middle Schools Mayor Harris yielded to Ms. Meredith Bradham, Vice - President of the Dunn Area Chamber of Commerce Education Committee. Ms, Bradham stated that the DACC Education Committee has been following this reassignment proposal and the latest proposal from the Harnett County Board of Education (BOE) greatly concerns them. One of the biggest factors in the community is the overall performance of our schools. There is a direct correlation between a demographic neighborhood school and its test scores which are evidenced by the NC School Report Cards that are published yearly. Dunn Schools host a higher population of minority and socioeconomically disadvantaged students and these students typically scored lower on standardized testing than those students which are not economically disadvantaged and that is compared to our neighboring communities; our test results do come in lower. Ms. Bradham explained that the BOE proposal does show areas of high concentrations of these same sub- groups being assigned to Dunn Middle School. Because of the demographic make -up of our schools currently and the current test scores, many citizens are unwilling to support our schools. She added that we have trouble attracting business because industries look at the performance of schools before they locate to an area. New residents with children certainly look at the performance scores. Ms. Bradham stated that they stand behind their schools and know how hard the teachers and faculty are working to educate all of our children. The DACC is a long -time supporter of the schools, adding that the Harnett County Business Education Partnership was started in the Dunn Chamber many years ago which extended County-wide. The DACC has spent countless hours volunteering with tutoring programs; they've put funds in the school programs such as the "Leader in Me" and have tried to fight the negative perception that the greater public has of our schools by publishing the good news that goes on in the newsletter. The DACC has done their part but recognize they face an up -hill battle against public perception and low test scores. The DACC Board of Directors has taken a position against the BOE proposal for the Middle School reassignment as it does nothing to address the demographic disparity between our school and the neighboring school districts. They cannot support a proposal that maintains the status quo when the status quo is already unacceptable. The Chamber Boards' position has been distributed to their membership and they have received additional support from the members. The DACC feels there are other reassignment options available that would be more fair and balanced to students and they feel the BOE needs to revisit the proposal that was made by the committee that they appointed to make our recommendation on this reassignment. Earlier this year, the DACC passed a resolution in support of the Triton Middle School concept and they stand by that position. They feel that the education of all children is paramount regardless of their race or their economic situation. The DACC feels that the BOE proposal would not only hinder the education of students who are already struggling by placing more of the same in one school but would likely create a negative economic impact to the City of Dunn as a school that continues to face challenges to improve test scores has nothing to attract growth. She asked the Council to join the Chamber in their opposition to this reassignment plan as presented by the BOE and encouraged them to seek a fair and balanced alternative for all involved. Mayor Harris yielded to former City Council Member, City Attorney and member of the committee appointed by the BOE to make recommendations back to the BOE, Attorney Billy Ray Godwin. Mr. 43 Godwin stated that the citizens of Dunn are appreciative of the Council calling this special meeting to address this issue and it shows their commitment to Dunn. He is here to voice opposition to the current proposed reassignment map by the BOE regarding Middle School reassignments. He stated that they need to send a message to the BOE that not only the citizens of Dunn, but its elected leaders are united in their opposition to the proposal by the BOE. He added that the primary purpose of a reassignment goal is to maximize facility equalization with minimal impact on students; the proposed map fails on both counts. The proposed map has only minimal improvement in the utilization of Hamen Central Middle School. What is being proposed does nothing to reduce the disproportionate number of economically impacted and disadvantaged students at Dunn Middle School where it already is an issue. The proposed map extends the boundaries of the Dunn Middle School district all the way to Bunnlevel; it picks up the Riverside community and goes to Bunnlevel. He stated that if you're a parent of a middle school student who lives in Bunnlevel, think about having to get your child up in the morning and taking them to Dunn to go to school; that is totally unacceptable and as a member of the reassignment committee, they fought long and hard against that plan. Currently, Dunn Middle School has approximately 65 % -70% minority, 47% minority at Coats -Erwin Middle School and 45% minority at Harnett Central and the proposed BOE map does nothing to change that. Dunn Middle School will probably increase in minorities and that is not fair to those students going there which results in lower test scores and takes a situation that needs improving and makes it worse. The law of Separate but Equal died in 1954 and that's where we're headed and what we've had for quite some time. There is no reason that middle schools four (4) miles apart should have a 20% or more disparity in minority representation; that's totally unacceptable. Disproportionate representation of any segment of society in one school is just as much in need of fixing as overcrowding. It is not illegal to have an overcrowded school but it is illegal to have segregation in schools this day and age. The failure of the BOE to take up this matter amounts to a de facto segregation which is intentional illegal segregation. It is bad enough to have allowed this to continue through -out the last several years but even more so now that the school board is in a reassignment mode. He has served on the reassignment committee for two years and this was a committee that the BOE created and after a lot of meetings what ultimately came out of the reassignment meeting in February of 2014 was a map for a proposal to create a Triton Middle School which basically called for the 6`' graders of Coats, Erwin and Dunn to go to school at the Dunn Middle School facility and 70' and 8" graders of Coats, Erwin and Dunn would go to school at the Coats -Erwin Middle School facility. This option created a possibility to close Wayne Avenue School and put those 41h and 5d' grade students at Dunn Middle School which would maximize the use of the Dunn Middle School facility; however, the BOE did not consider this plan. With the concept for a Triton Middle School, there would have been 55% minority representation for 6th graders, 54% minority representation for 7" and 8a' graders at Coat - Erwin, and 46% minority representation at Harnett Central Middle School. The BOE did not even vote on that plan and as a member of the reassignment committee, he was a little offended that the plan was not even voted on after they were asked to work on it. He sees no reason why the BOE shouldn't take up this Middle School concept; the BOE will either have to do that or currently shift some students around to bring students from the Coats -Erwin area into Dunn and perhaps even shift some students from the Harnett Central Area to Coats - Erwin, however, he doesn't think the BOE wants to do that and thinks there are some constituents among the school board members who are opposing this. The BOE has a duty to all the students of the County and not one particular constituent group. Triton is the only school in the County that does not have a consolidated middle school; Harnett Central, Western Harnett and Overhills all have a middle school. He doesn't know why Coats -Erwin and Dunn can't have a consolidated middle school. There is no reason to support the current BOE map; it's not right, it's not fair and it's probably illegal. He stated that as a citizen of Dunn and a parent of four children who have gone through public schools in Harnett County, this map is totally unacceptable and he respectfully requested the Council to pass the Resolution Opposing the Redistricting to show that citizens of Dunn and its elected leaders are united in opposition to what is currently before the BOE. Council Member Turnage agreed that the first thing anyone looks at when relocating to Dunn is the school system. Mr. Tumage stated that the reassignment committee weighted their proposal as they should have just to have the BOE toss it out. He asked Mr. Godwin what is the timeline for reassignment and could it be delayed. Mr. Godwin responded that he saw no reason that the BOE couldn't delay their proposal for further review. Mr. Godwin explained that there were ten criteria that the reassignment committee was charged with and they were told that they would have to set aside their own geographic locations when deciding upon a plan. Mr. Godwin stated that the BOE has not followed their own directive and they are listening to individual constituents within their districts. The status quo is not acceptable. Council Member Barfield questioned why the BOE is rushing their proposal with an election right around the corner; why don't they wait until a new board is seated. Council Member Robinson stated that he appreciated Mr. Godwin's illusion to Plessy vs Ferguson "separate but equal" adding that it never was equal because people tend to put the resources where their interest are. Mr. Robinson added that the school board didn't create the problem but they certainly have an opportunity to help the situation. If left alone, this situation is going to get worse simply based on our housing pattern because we have apartments, subsidized apartments and public housing. If nothing is done, where do you see this situation in ten years. In his mind, we are going definitely to resegregate Dunn Schools. Mr. Godwin responded that is exactly what he sees, adding that by fact only, that's where the Dunn School System is headed. Mr. Godwin stated that the current school board did not create this problem but they are now in a period of reassignment when they have an opportunity and an obligation to do something about it and For whatever reason they are choosing not to address it. Mayor Harris asked Mr. Godwin if the BOE abandoned their ten directives assigned to the committee. Mr. Godwin responded that he felt the BOE prioritized some directives more than others; for example transportation issues and the impact to students, demographics, facility utilization and proximity to school to keep neighborhoods together. 94 Council Member Robinson stated that he does not believe that black or minority students are inherently less intelligent than anybody else but he does believe the fact that when you look at these test scores, all these kids in North Carolina have a right to a sound basic education. When these scores over this period of time are this far out of kilter, that's something that should be addressed too because they're talking about our future workforce and the kid who can't read in 3rd or 5`h grade, is less likely to graduate from high school. It's a set -up for failure. Mr. Godwin stated that the school bond issue will be on the November ballot and he doesn't know why anyone would want to raise their own taxes to build more schools when the HOE isn't doing all it can do now to use the current facilities. Motion by Council Member Robinson and seconded by Council Member Maness to adopt the Resolution Concerning the Redistricting of Harnett County Middle Schools with an amendment to add the language "basic" between sound and education in the fourth paragraph of page 5 because it is current law in NC (noting that in the Leandro ruling, Judge Manning rules that every child had a right to a sound basic education in NC and it was upheld by the Supreme Court). Motion unanimously approved. A copy of Resolution (R2014 -19) Concerning the Redistricting of Harnett County Middle Schools is incorporated into these minutes as Attachment #1. Award Bid City of Dunn, NC Downtown Revitalization Magnolia Avenue (Base Bid) Cumberland Street (Alternate Bid) (deferred at 10 -14 -14 CCMtg.) Manager Autry explained that bids were received and opened on Thursday, October 9th, 2014 at 2:00 pm for the City of Dunn, NC Downtown Revitalization — Magnolia Avenue (Base Bid), Cumberland Street (Alternate Bid). This contract will consist of street, curb and gutter, sidewalk, and aesthetic improvements. The following four (4) companies submitted bids as follows: Base Bid Alternate Bid Fred Smith Company Construction $307,425 $140,200 Raleigh, NC H.G. Reynolds Co., Inc. $362,700 $138,800 Henderson, NC Trader Construction Co. $511,220 $210,650 New Bern, NC Browe Construction Co. $519,500 $203,500 Smithfield, NC Bid results were higher than projected; therefore, negotiations with the low bidder, Fred Smith Company Construction, Raleigh; NC were accomplished with the following revised cost: Base Bid $236,955 Technical Services: 34,500 Contingencies: 15,500 Sub -Total $286;955 Revised Alternate Bid 1 $129,020 Total $415,975 It is proposed to fund this project with a $75,000 RBEG Grant (for Magnolia Avenue only) and the remainder of funds will be utilized from Powell Bill Fund Balance. Manger Autry stated that the budget for the downtown project is over -run and he recommended that this item be deferred to the November 13, 2014 Council meeting in order to work on the revenue side of this project and to have further talks with USDA to explore options that have been discussed internally. Funds utilized from the Powell Bill Fund Balance must be limited. Mayor Harris deferred this item of business to the November 13, 2014 Council meeting. Settlement Agreement and Release - Burney and Burney vs City of Dunn City Attorney Pope explained that the City of Dunn has been in a dispute for the last year or more with a potential lawsuit with Burney & Burney Construction, the primary general contractor of the Downtown Revitalization Project whereby Burney & Burney was seeking $192,500 under a contract dispute. Burney 95 & Bumey has agreed to accept $140,000 to settle the case and before the Council is a settlement agreement and release approved by Mr. Burney and his attorney. If approved, this lawsuit will be concluded. Motion by Council Member Barfield and seconded by Council Member McLean to approve the Settlement Agreement and Release between Burney & Burney Construction Company, Inc. (Plaintiff) and the City of Dunn (Defendant) in the amount of $140,000. Motion unanimously approved. A copy of the Settlement Agreement and Release is incorporated into these minutes as Attachment #2. With no further business to discuss, a motion was made by Mayor Pro Tern Maness and seconded by Council Member Robinson to adjourn the meeting at 8:47 am. Motion unanimously approved. Attest: t 'Y bjl Debra G. West City Clerk 10 OF6G GORPO/ 94 . Z 0�', SEAL ' 9yCAR00% '`� �''�rrrrnr�N� (�4144 scar N. Harris Mayor