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0608201056 MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Regular Meeting on Tuesday, June 8, 2010, at 7:00 p.m. in the Dunn Municipal Building. Present was Mayor Oscar N. Harris, Mayor Pro Tem N. Cornell Robinson, Council Members Buddy Maness, Bryan Galbreath, Billy Tart, Chuck Turnage and Joey Tart. Also present was City Manager Ronnie Autry, Finance Director Mark Stephens, Public Works Director Billy Addison, Public Utilities Director Dean Gaster, Police Chief B.P. Jones, Planning Director Steven Neuschafer, Chief Building Inspector Mike Blackmon, City Attorney P. Tilghman Pope, City Clerk Debra West, and Daily Record Editor Bart Adams. INVOCATION Mayor Harris opened the meeting at 7:00 p.m. and asked Police Chaplain Reverend Roy Johnson to give the invocation. Afterwards, the Pledge of Allegiance was led by Dunn American Legion Post 59 Commander Travis Page. AGENDA ADJUSTMENT AND APPROVAL Motion by Mayor Pro Tem Robinson and seconded by Council Member Maness to adopt the June 8, 2010 meeting agenda with changes, if any, as listed below. Items Added to the Agenda: • Consideration of an Ordinance Rescinding an Ordinance Directing the Building Inspector to Remove or Demolish the Property located at 202 S. Sampson Avenue Agenda Items Removed: • none Motion unanimously approved. PRESENTATIONS Retirement Resolution Jeanette Crowell Mayor Harris, and City Manager Autry presented a retirement resolution to Jeanette Crowell, in recognition and appreciation of her 11 years of service to the City of Dunn Police Department. A copy of Resolution (R2010 -09) recognizing Jeanette Crowell is incorporated into these minutes as Attachment #1. Resolution Supporting the North Carolina Armed Forces Community Covenant Mayor Harris and the City Council presented a Resolution Supporting the North Carolina Armed Forces Community Covenant to distinguished service members and their families — Active, Guard and Reserve in all branches of the military. Distinguished guests recognized: US Army, Ft. Bragg, Garrison Command Sergeant Major Campbell with his wife Carolina and children (representing Lt. General Helmick, Commanding General of the 18" Airborne and Ft. Bragg) • North Carolina National Guard Captain Ragsdale, 230 " Brigade Support Battalion, including units in Dunn, Benson, and Goldsboro • American Legion State Commander Lou Cook (also the Village Manager for Walnut Creek) Past State Commander of the North Carolina American Legion Eric Sinclair District 13 Commander, Sam Hayes • Post 59 Commander, Travis Page Post 193 Commander, Dave Taylor • VFW Commander, Kenneth Jackson DAV Commander, Charles Johnson Mayor Harris also recognized members of the Dunn Area Chamber of Commerce and Dunn Area Tourism Authority which were present. 57 Mayor Harris stated that the City of Dunn in partnership with American Legion Post 59 and the North Carolina American Legion, hereby adopts the resolution supporting the North Carolina Armed Forces Community Covenant. He acknowledged the importance of our military forces, past, present and future for their courage in protecting our freedom and our liberty at home and abroad. Mayor Harris pointed out that the City of Dunn is fortunate to be the home of General William C. Lee "Father of the Airborne ". The General William C. Lee Memorial Commission, Inc. established an airborne museum in honor of our favorite son and Mr. Hoover Adams serves as president. Mayor Harris stated that the City of Dunn operates as a partnership with the Dunn Area Chamber of Commerce, the Dunn Area Tourism Authority, civic and service organizations, churches, other local and state governments and now the City is happy to add our friends at Fort Bragg and Pope Air Force Base including their families in addition to our civilian soldiers, and the National Guard. Mayor Harris thanked all of these organizations and especially those serving in our military for the job they do every day. He expressed his appreciation to all those who serve and who have served as well as their families. Retired Lt. Colonel and Council Member Chuck Turnage read the resolution. A motion was made by Council Member Turnage and seconded by Council Member Maness to adopt the Resolution Supporting the North Carolina Armed Forces Community Covenant. Motion unanimously approved. A copy of Resolution (R2010 -10) supporting the North Carolina Armed Forces Community Covenant is incorporated into these minutes as Attachment #2. After reading and adopting the resolution, each Council member approached the podium and signed the resolution. Mayor Harris presented State Commander Lou Cook of the American Legion Department of North Carolina and Dunn Post 59 Commander Travis Page with the covenant. Comments were made by State Commander Lou Cook. He stated that he is honored and he gave a brief summary of how the covenant was created. A little over a year ago, retired Army Major General Craig Weldon was summoned to the Pentagon for some instructions. He was asked to spearhead a program that would reunite America behind its' Veterans and behind its' military active duty personnel and guard and reserve personnel who were being called upon regularly to fight our wars. General Weldon developed a community covenant. He explained that a covenant is a written agreement that solidifies the support of a community behind its' military. Mr. Cook stated that support must be provided to the families of military personnel. He added that the State of North Dakota is leading the way in community covenants; 100% of their municipalities have already signed the covenant. Mr. Cook stated that it is his goal to obtain as many covenants as possible in the state of NC. He expressed his appreciation for the support of the Mayor and City Council in getting this action taken care of 7:26 pm - Mayor Harris called for a 5 minute recess. PUBLIC COMMENT PERIOD Mayor Harris opened the floor for a (30) minute public comment period. Ms. Chelle Raynor, 680 L Adams Road, Benson, NC - Ms. Raynor spoke in favor of keeping Vets for Pets (Dr. Guy Beretich) open for business and the importance of having this veterinarian service in Dunn. The Vet Board has asked for his license and Dr. Guy has asked for a hearing. They have close to 4,000 signatures on a petition to save his practice. She spoke of Dr. Guy's love of animals and of his many selfless acts. In 54 years, there have only been three (3) complaints filed against Dr. Guy. She stated that if his practice is closed, it will hurt Dunn because more animals will roam and it will hurt Dunn's economy because his business brings many customers to shop in Dunn. Dr. Guy performs free neuter and spade service for Dunn Animal Control and any animal that is adopted out. Hearing no further comments, the public comment period was closed. Mayor Harris opened public hearings at 7:37 p.m. PUBLIC HEARINGS Fiscal Year 2010 -2011 Budget Mayor Harris yielded to City Manager Autry. Mr. Autry reviewed the budget process that was used in preparing the FY 10 -11 budget: The Council planning(budget retreat was held at Campbell University on February 5, 2010; at which time, critical issues were discussed that would impact the FY 10 -11 budget. A memo was sent to department heads pertaining to preparing their budget requests in February. They were instructed that revenues will remain the same as the present fiscal year and to budget accordingly. In March, department heads presented Finance Director Mark Stephens with their budget requests. Mr. Stephens entered all data in the budget program and advised the total of the department heads request. These numbers were reviewed by Mr. Stephens and Manager Autry. During this time, Mr. Stephens reviewed all data available to use to estimate revenues. Manager Autry and Finance Director Stephens compared expenditures with revenues. M In April, the Manager and Finance Director continued to review all data available for projecting revenues and settled on the total available based on a very conservative estimate. The expenditures were adjusted to balance with the revenues. In May, the preliminary budget was presented to the Mayor and City Council. Work Sessions were held on May 18 and May 26' at which time extensive dialogue was held and modifications were recommended through -out the budget. The budget was finalized and made public as the General Statute requires on June 1, 2010. Manager Autry presented the following summary highlights of the FY 10 -11 budget: TOTAL BUDGET: $13,156,000.00 General Fund. $ 8,750,000.00 Water Fund. $ 4,406,000.00 REVENUES: GENERAL • Ad Valorem Taxes: Figure is based on an approximate tax base of $688,500,000.00 with the tax rate of .48 per $100 valuation with a 97.75% collection rate. • The majority of state revenues have been projected to remain stable this year. • Fund balance has not been appropriated to balance this budget. • Recreation fees are proposed to increase from $40 to $60 per sport for out -of -town participants. REVENUES: WATER • Water rate is proposed to increase from $1.75 per 1,000 gallons to $1.85 per 1,000 gallons for governmental bulk water users. Also, residential and commercial rates will increase 3% for sewer and $0.10 per 1,000 gallons of water from $3.50 to $3.60. EXPENDITURES: GENERAL • General Fund operating budget is comparable to FY 09 -10 budget. • Employee hospitalization insurance is with Blue Cross Blue Shield and will go to a healthcare reimbursement account (HRA) which lowers the premium by approximately 3% but raises the deductible. • All debt service requirements have been appropriated in this budget to meet our debt obligation. • Capital items consist of $125,000 for police cars, $6,000 for cemetery mower and $65,000 flail mower for Public Works. EXPENDITURES: WATER • Capital items consist of $12,500 for meter reader truck, $25,000 for water service truck, $225,000 for bridge replacement/booster pump station at the water plant and $78,000 for roof replacement and truck at the wastewater plant. • All debt service requirements have been obligated in the FY 10 -11 budget to meet our debt responsibilities. • $66,200.00 has been placed in a contingency line item for unforeseen capital expenditures. A 1.5% COLA has been included in the budget. Mayor Harris stated that the public has been notified that the proposed Fiscal Year 2010 -2011 budget for the City of Dunn has been presented to the City Council of the City of Dunn and a public hearing will be held for the purpose of receiving public comment concerning approval of the Fiscal Year 2010 -2011 budget. The public hearing was duly advertised on May 27, 2010. Mayor Harris asked if there was anyone present who wished to speak for or against the adoption of the budget for FY 2010 -2011. Hearing no comments from the public, Mayor Harris closed the public hearing. Rezoning Request PZ -04 -10 Wanda Padgett PIN #1516 -66- 5324.000 211 S. Clinton Avenue Mayor Harris stated that the public has been notified that oral and written comments will be heard and received concerning the request by Wanda Padgett to rezone a parcel of land, totaling .14 acres + / -, located at 211 S. Clinton Avenue. This property is currently zoned O & I; Office & Institutional District and is requested to be rezoned to C -3; Highway Commercial District. The public hearing was duly advertised on May 18" & May 25 ", 2010. Mayor Harris asked if there was anyone present to speak for or against this rezoning request. Hearing no comments, Mayor Harris closed public hearings at 7:47 pm. CONSENT ITEMS Minutes — Council considered approval of minutes of the May 11, 2010 Council meeting. Minutes — Council considered approval of minutes of the May 18, 2010 Special Call/Budget Work Session. 0 Minutes — Council considered approval of minutes of the May 26, 2010 continued Council meeting Budget Amendments — Council considered approval of Budget Amendment #14, #15, #16 & #17 for FY 2009 -2010. A copy of BA #14, 15, 16 & 17 is incorporated into these minutes as Attachment #3. 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 (R2010 -11) is incorporated into these minutes as Attachment #4. Motion by Council Member Joey Tart and seconded by Council Member Turnage to approve all consent items. Motion unanimously approved. ITEMS FOR DECISION Adoption of Fiscal Year 2010 -2011 Budget Motion by Mayor Pro Tem Robinson and seconded by Council Member Maness to adopt the Fiscal Year 2010 -2011 Budget as presented (to include the budget ordinance and fee schedule). Motion unanimously approved. A copy of FY 10 -11 budget ordinance (02010 -08) and fee schedule is incorporated into these minutes as Attachment #5. Rezoning Request PZ -04 -10 Wanda Padgett PIN #1516 -66- 5324.000 211 S. Clinton Avenue This is a request to rezone a parcel of land, totaling .14± acres, located at 211 S. Clinton Avenue. This property is currently zoned O & I; Office & Institutional District and is requested to be rezoned to C -3; Highway Commercial District. The Planning Board met on May 25, 2010, to review the request and ask for comments from the public. After hearing comments from the public and the request from the applicant, the Planning Board recommended unanimously to approve this request. Motion by Council Member Galbreath and seconded by Council Member Joey Tart to approve the request from Wanda Padgett to rezone a parcel of land (PIN #1516 -66- 5324.000) totaling .14± acres and located at 211 S. Clinton Avenue from O & I; Office & Institutional District to C -3; Highway Commercial District based on the following justification: ^ 1) The City of Dunn Land Use Plan identifies this area as a mix of commercial and office use on the I \ 1 future land use map. This property is located in area three of the Land Use Plan. This property is along a major commercial corridor. 2) The amendment is not inconsistent with the surrounding land uses which are both (mixed commercial and office) in this area. 3) The permitted uses in the C -3 District are not considered detrimental to the area and would be beneficial to the entire community. Motion unanimously approved. Board Appointments Mayor Harris asked that these appointments be deferred to the July Council meeting. Council consensus was to defer to July. Authorization for Police Department to Submit and Accept Edward Byrne Memorial Justice Assistance Grant (JAG) Manager Autry explained that the Dunn Police Department has the opportunity to apply for a single application award amount of $14,129.00 through the U.S. Department of Justice. The Justice Assistance Grant (JAG) application must be completed and submitted on or before June 30, 2010. The City of Dunn Police Department proposes to use the funds for the purchase of ballistic protection and equipment for the Special Response Team (SRT). There are no local match requirements. Motion by Council Member Maness and seconded by Mayor Pro Tern Robinson to authorize the Police Department to submit and accept the Edward Byrne Memorial Justice Assistance Grant (JAG). Motion unanimously approved. M-1 "No Parldng" Zone 802 E. Godwin Street Dunn Church of God Manager Autry stated that he received a letter from the Pastor and members of the Dunn Church of God requesting a "No Parking Zone" in front of the church and the fellowship hall at 802 E. Godwin Street for a distance of approximately 200 feet. Mr. Autry added that there have been a number of incidents where church members were not able to enter the church area due to vehicles blocking the entrance. The overflow traffic from Debbie's Restaurant parks in this area. Mr. Autry stated that he and Chief Jones and Planner Steven Neuschafer have discussed this issue and have talked with both parties to try to reach an agreement that would not require all of the 200 feet to be a "No Parking Zone ". So far, they have not been successful with this effort. Mr. Autry stated that the City could only enforce the City right -of -way property with "No Parking" signs. The Council discussed that the church parking lot meets the existing street; there is no divider between the parking lot and the street. Manager Autry stated that the only way to resolve the issue with the parking lot is to install curbing along the entire distance to separate and define an entrance. Chief Jones mentioned installing an asphalt curb to designate a driveway for the church; however, he stated that he did not know if the church would agree with that suggestion. Mayor Harris stated they cannot allow people to infringe on other peoples' property. The Council discussed the pros and cons to restrict parking directly in front of the church and define a driveway to the parking lot of the church. Mayor Harris stated that the Manager and Chief understand this problem and he requested that the Council take action with this issue. Motion by Council Member Billy Tart and seconded by Council Member Turnage to approve a "No Parking Zone" for approximately 200' in front of the Dunn Church of God property located at 802 E. Godwin Street. Motion unanimously approved. Consideration of an Ordinance Rescinding an Ordinance Directing the / Building Inspector to Remove or Demolish the Property located at 202 S. Sampson Avenue This Ordinance rescinds an Ordinance adopted by the City Council on October 13, 2009 which directed the Building Inspector to remove or demolish the property located at 202 S. Sampson Avenue, The Ordinance adopted on October 13, 2009 was recorded on October 19, 2009. Following adoption and recordation of the ordinance, the owner of the real property, Alice Brewington instituted a legal action in Harnett County Superior Court and obtained a preliminary injunction against the City of Dunn to allow her additional time in which to make repairs and renovations to the property to bring it into compliance with the City of Dunn Minimum Housing Code. All necessary repairs and renovations have been completed and the City of Dunn has issued a Certificate of Occupancy for this property. Based upon these facts, the City Council is being asked to adopt the Ordinance to rescind the Ordinance which was adopted October 13, 2009 and to record the same with the Harnett County Register of Deeds. Motion by Council Member Galbreath and seconded by Mayor Pro Tern Robinson to adopt an Ordinance Rescinding an Ordinance Directing the Building Inspector to Remove or Demolish the Property located at 202 S. Sampson Avenue. Motion unanimously approved. A copy of Ordinance (02010 -09) rescinding an Ordinance to demolish 202 S. Sampson Avenue is incorporated into these minutes as Attachment #6. ITEMS FOR DISCUSSION AND /OR DECISION Financial Report � Finance Director Mark Stephens provided the following financial update to the Council: • The City as of April 30, 2010 had $2.9M cash in the General Fund and $2.OM cash in the Water /Sewer Fund. • Investment earnings are in the .35% - .20% range. • Building Permit Fees were $58,539 or 90.06% of budget. The City should be at 83.33% of budget. • The Sales Tax Revenue for April was $831,235 or 58.54% of budget. The City should be at 66.67% of budget. The City is $115,446 behind in sales tax revenue. • Water and sewer revenues were $2.9M or 82.22% of budget. The City should be at 83.33% of budget. • Fuel cost per gallon was $2.30 in April. Last year this time, was $1.50 per gallon. 61 Property taxes collected as of April were 98.96% of budget. Same period last year, the City had collected 98.74% of budget. Expenditures were 81.27% of budget in the general fund and 75.76% in water /sewer fund. The benchmark for this period is 83.33 %. ADMINISTRATIVE REPORTS Motion by Council Member Joey Tart and seconded by Mayor Pro Tem Robinson to approve the Administrative Reports. Motion unanimously approved. ANNOUNCEMENTS The following announcements and/or comments were made. Mayor Harris ➢ He and Manager Autry will be attending Town Hall Day on Wednesday, June 16, 2010 in Raleigh. ➢ City offices will be closed Monday, July 5 in observance of Independence Day. ➢ The next City Council meeting is scheduled for Tuesday, July 13, 2010 at 7:00 pm. Council Member Galbreath ➢ He requested that the Mayor announce all vacancies from the deferred agenda item "Board Appointments ". Although these vacancies have been advertised on the Government Channel and the Daily Record, he asked Mayor Harris to announce them in case someone may want to apply before the July meeting. Mayor Harris yielded to Manager Autry to announce the vacancies on the various boards. ➢ Congratulated the 2010 high school and college graduates. ➢ Received a call about the contents of a house left beside the street at E. Pope & S. Little. He asked that the Manager take immediate action with having these items removed. Mr. Autry stated they will contact the property owner to ask them to remove these items or the City will remove it at the property owner's expense. ➢ He and Mayor & Mrs. Harris attended the PAL graduation banquet. All twenty seven graduates from various high schools were going on to further their education at various colleges and universities. ➢ He recognized and commended former Police Chief Pat Godwin who received the Dr. James O. Bennett Humanitarian Award during the PAL graduation, for his service and his efforts in helping to begin the PAL Program which started back in the 90's. ➢ He recognized and thanked Police Chief Jones for working along with the PAL Advisory Board; he thanked Lt. Rodney Rowland and all those that volunteer with the Pal Program. With no further business to discuss, a motion was made by Council Member Billy Tart and seconded by Council Member Maness to adjourn the meeting at 8:25 p.m. Motion unanimously approved. 1 "carN As Mayor r - = 20 p2 SFA<_ Attest: �• yCARO V�P' A I e A . Debra G. West City Clerk 1