0914201071
MINUTES
CITY OF DUNN
DUNN, NORTH CAROLINA
The City Council of the City of Dunn held a Regular Meeting on Tuesday, September 14, 2010, at
7:00 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, 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, Recreation Director
Perry Hudson, Librarian Mike Williams, City Engineer Ed Powell, City Attorney P. Tilghman Pope,
City Clerk Debra West, and Daily Record Reporter Reece Murphy.
1 _ 1 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 repeated.
AGENDA AD1 USTMENT AND APPROVAL
Motion by Mayor Pro Tem Robinson and seconded by Council Member Turnage to adopt the September
14, 2010 meeting agenda with changes, if any, as listed below.
Items Added to the Agenda:
• Set Special Call MeetingfWork Session - October 13, 2010 — 8:30 am
Agenda Items Removed:
• none
Motion unanimously approved.
PRESENTATIONS
Proclamation Presentation
Dixie Youth NC All-Stars
12U Boys State Runner Up
Mayor Harris and Mayor Pro Tern Robinson read and presented a proclamation recognizing the Dunn
Recreation Department Dixie Youth NC All -Stars (12- Under) Boys Baseball Team State Runner Up. A
r / copy of Proclamation (P2010 -19) recognizing the Dunn Dixie Youth NC All -Stars 12U is incorporated into
these minutes as Attachment #1.
Proclamation Presentation
Dixie Youth NC All -Stars
IOU Girls Angels State Champions
Mayor Harris and Mayor Pro Tern Robinson read and presented a proclamation recognizing the Dunn
Recreation Department Dixie Youth NC All -Stars (10- Under) Girls Angels State Champions as well as
advancing to compete in the World Series in Vancleave, Mississippi. A copy of Proclamation (P2010 -20)
recognizing the Dunn Dixie Youth NCAll -Stars IOU is incorporated into these minutes as Attachment #2.
Comments were made by Dixie Youth League Assistant District Director Jay Hardison. He thanked the
City for their support of the Recreation department. He pointed out that during the State Championship and
World Series tournament, he noticed that no other town had their Recreation D City Manager or
Mayor attend those events like the City of Dunn and that means a lot to these young boys and girls.
Comments were made by Recreation D Perry Hudson. He announced that the City of Dunn will host
the state tournament for AA (8- under) Boys teams in 2011. He also thanked the City of Dunn for
supporting the Recreation programs.
7:20 pm - Mayor Harris called for a short recess.
CSX Transportation/NCDOT Rail Division
Mr. Danny Gilbert
Mr. Danny Gilbert, Rail Safety Consultant for NCDOT Rail Division, presented information to the Council
with regard to CSX Transportation and NCDOT Rail Division working together to reduce the number of
collisions between the general public and trains. They have been meeting with cities and towns on the CSX
A line for a few months in an attempt to improve safety on this line.
Mr. Gilbert explained that the federal highway administration and the federal railroad administration have
indicated that 25% of the nation's crossings could be closed or consolidated which started this effort.
It was proposed to the Council, to close the Pearsall at — grade crossing. He stated that if the City did not
want to close the Pearsall at -grade crossing, then the City could offer another crossing for consideration to
close. CSX and NCDOT Rail Division are willing to offer a monetary amount of $57,500.00 to the City in
exchange for closing a rail crossing. He explained that monies may not be available next year in exchange
for closing a crossing.
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V Baptist Church/PAL
Community Garden Partnership
First Baptist Church of Dunn desires to partner with the Police Athletic League (PAL) to develop a new
after school/summer program for those served by the PAL's program.
Dr. Len Keever, Pastor of First Baptist Church, explained that the church and PAL participants would
construct a greenhouse, plant a large garden and grow vegetables to share with the community by selling at
a local farmer's market using the income to fund the PAL program, provide for scholarships and PAL
activities. This program will teach management, work skills and provide nutrition.
Dr. Keever explained that this grant was applied for via Food Lion and Pepsi for a new community project
and the church was awarded $10,000 to build a greenhouse. NC Cooperative Extension has joined in this
initiative and will provide raised plant beds.
Council Member Turnage stated that the Council will further discuss the sustainability /long -term cost of
this project during the October 13, 2010 work session.
PUBLIC COMMENT PERIOD
Mayor Harris opened the floor for a (30) minute public comment period
Mr. Reece Murphy, 201 S. Layton Avenue, Dunn, NC announced that this is the last Council meeting he
will cover for The Daily Record. His employment will end September 30"; he will be married soon and
will relocate to another State. He stated that this Council represents the City well and he will miss
reporting for this Council.
Hearing no further comments, the public comment period was closed.
PUBLIC HEARINGS
Conditional Use Permit CU -03 -10
Carmen & Rob Forrestor
Pin #1516 -57- 3212.000
210 W. Divine Street
Mayor Harris stated that this is a request for a Conditional Use Permit [Zoning Ordinance Article IX
Section 22 -461 (2) d.] from Carmen & Rob Forrestor. The conditional use will allow for the operation of a
bed and breakfast at 210 W. Divine Street.
This request is for the purpose of operating a bed and breakfast. According to the applicant, the bed and
breakfast would be similar to the one the applicant is currently operating in the 300 block of W. Divine
Street. There is a mix of residential, commercial and office use surrounding the property under
consideration.
This Public Hearing is an opportunity for the Council to hear sworn testimony and receive specific
evidence from the public to include any party for or against the request. During the deliberation for
decision, questions may only be asked to clarify previous testimony.
The public hearing was duly advertised on Augustl7'", 3I' and September 7'", 2010.
Mayor Harris yielded to City Attorney Pope.
City Attorney Pope introduced CU 03 -10 a request by Carmen & Rob Forrestor for the issuance of a
conditional use permit to allow for the operation of a bed and breakfast at 210 W. Divine Street. The
hearing on this matter is judicial in nature and will be conducted in accordance with special due process
safeguards. Attorney Pope asked that all persons who wish to testify in this case, approach the podium to
be sworn or give their affirmation.
Swearing -In:
City Attorney Pope administered oaths to:
City Planner Steven Neuschafer
Applicant Ms. Carmen Forrestor
Explanation of Proceeding
Attorney Pope explained that testimony will first be given by City Planner Steven Neuschafer, then from
the applicant and their witnesses, and then from opponents to the request. Parties may cross - examine
witnesses after the witness testifies when questions are called for. If you want the Council to see written
evidence, such as reports, maps, or exhibits, the witness who is familiar with the evidence should ask that it
be introduced during or at the end of his or her testimony. Reports from persons who are not present to
testify will not be accepted. Attorneys who speak should not give factual testimony but may summarize
their client's case. Before beginning your testimony, please clearly identify yourself for the record.
City Attorney Pope opened the hearing on Case #CU 03 -10 Conditional Use Permit Application and asked
for testimony from Planning Director Steven Neuschafer.
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Testimony from the Planner
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Planner Neuschafer asked that the documents contained behind tab #14 in the City Council packet which
includes the conditional use application, Planning Department staff report, statement of justification from
the applicant and a map of the property be entered as evidence. (A copy of these documents entered as
evidence for Case #CU 03 -10 Conditional Use Permit is incorporated into these minutes as Attachment #3)
At the end of the City Planner's testimony, Attorney Pope asked if there were any questions of the City
Planner.
Council Member Billy Tart asked Mr. Neuschafer if two parking spaces and two on- street parking spaces is
sufficient for this business. Mr. Neuschafer responded that on- street parking is allowed for this use and
will suffice according to the zoning ordinance; however, the applicant can explain the parking situation in
detail.
Attorney Pope asked if there were questions of the City Planner from any opponendproponent. None were
heard.
Attorney Pope asked for testimony from the Applicant/Proponents
Ms. Forrestor stated that the surrounding churches have agreed to let them use their parking spaces
whenever needed.
She stated that she and her husband have been in Dunn for almost three years and the experience they have
had in operating their current bed and breakfast will prepare them to be successful with another one. A bed
and breakfast adds a unique experience to the town and makes people remember a town more than a hotel.
She gave an example of a couple from out -of -state who recently wed at the bed and breakfast and to
prepare for their wedding, they purchased their wedding cake, flowers, etc. from local businesses in town.
They have also experienced guests from the continents of North America, Australia, Europe, and Asia.
Attorney Pope asked the Council if they had any questions of the applicant/proponents.
Mayor Harris asked Mrs. Forrester if this bed and breakfast will provide 24 hour staffing. She responded
not at this time.
City Attorney Pope entertained questions from other parties for the applicant/proponents. None were
heard.
Testimony from Opponents
No one spoke in opposition of the request.
Attorney oe entertained further questions from the City Council members or the applicant, proponents,
P fu 9 .fi' tY .f PP P P
opponents, or for the planner or other sworn persons. He explained that once the public hearing is closed,
the only questions that the Council may pose to the applicant, proponents or opponents shall be for
clarification. No new evidence can be introduced after closing the public hearing. Any additional
conditions that the Council wishes to consider to place upon the use of the land by the applicant, must ask
the applicant if he /she will voluntarily place the condition upon his/her property at this time.
With no further testimony, a motion was made by Council Member Joey Tart and seconded by Council
Member Maness to close the public hearing for CU -03 -10 at 7:53 p.m. Motion unanimously approved.
Conditional Zoning Request CZ -04 -10
Ashley Glover
Pin #1516 -80- 3293.000
608 Spring Branch Road
Mayor Harris stated that the public has been notified that oral and written comments will be heard and
received concerning the request by Ashley Glover for a conditional zoning district for a parcel of land,
totaling .63 acres + / -, at 608 Spring Branch Road.
This property is currently zoned I -100; Industrial District and is requested to be rezoned to C -3 (CZD);
Highway Commercial Conditional Zoning District, to allow for the operation of a child care center.
The public hearing was duly advertised on August 17'", 31" & September 7 2010.
_., Mayor Harris asked if there was anyone who wished to speak for or against this conditional zoning request.
Ashley Glover of 206 Stewart Rd., Godwin, NC stated that she has a small child and it is her desire to
operate a child care center. Her father owns the building and it was previously used as a private school.
Hearing no further comments, Mayor Harris closed the public hearing.
Ordinance Amendment OA -03 -10
Chapter 22; Article III
Section 22 -70 through 22 -123 and
Section 22 -367
Mayor Harris stated that this is a request to hereby amend Chapter 22 of the City of Dunn zoning
ordinance•, Article III, Division 1, Section 22 -70 through 22 -123 and Section 22 -367.
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This amendment will revise the accessory structure dimensional requirements in all residential zones and
the accessory building guidelines.
The public hearing was duly advertised on August 17'", 31" & September 7 2010.
Mayor Harris asked if there was anyone who wished to speak for or against this ordinance amendment.
Hearing no comments, Mayor Harris closed the public hearings at 7:56 pm and reconvened the regular
meeting.
CONSENT ITEMS
Minutes — Council considered approval of minutes of the August 10, 2010 Council meeting. ^
Proclamation - Council considered approval of a proclamation designating September 17 -23, 2010 as
Constitution Week. Mayor Pro Tern Robinson read the proclamation. A copy of Proclamation (P2010 -21)
designating Constitution Week is incorporated into these minutes as Attachment #4.
Budget Amendment — Council considered approved of Budget Amendment #2 for FY 2010 -2011. A copy
of BA #2 is incorporated into these minutes as Attachment #5.
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 -17) is
incorporated into these minutes as Attachment #6.
Motion by Council Member Joey Tart and seconded by Council Member Turnage to approve all consent
items. Motion unanimously approved.
ITEMS FOR DECISION
Conditional Use Permit CU -03 -10
Carmen & Rob Forrestor
Pin #1516 -57- 3212.000
210 W. Divine Street
This request is for the operation of a bed and breakfast at 210 W. Divine Street
This property is currently zoned R -10; Single Family Dwelling District.
The Planning Board met on August 24, 2010, reviewed the request and asked 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 Turnage and seconded by Council Member Galbreath to approve CU -03 -10
based on the following findings of fact:
1. The use requested is listed among the conditional uses in the district for which the application is
made. Per the Zoning ordinance Article IX Division 1 Section 22 -461 (2) d, the Conditional Use
is listed in the ordinance.
2. The requested use is essential or desirable to the public convenience or welfare. The requested use
is desirable to the public. A bed and breakfast is consistent with the residential and commercial
uses in the area.
3. The requested use will not impair the integrity or character of the surrounding or adjoining
districts, nor be detrimental to the health, morals, or welfare. The surrounding area already has a
large group of patrons because of the museum, church, and commercial properties around the
location under consideration. The bed and breakfast will only be busy during peak season. The
amount of traffic may increase but minimally due to the self - limiting capacity of the house.
4. The requested use will be in conformity with the land development plan. The location of this
request is surrounded by three different zoning districts; the issuance of this permit will be
appropriate with the anticipated growth pattern of future residential and commercial use
identified in area four of the 2030 Land Use Plan.
5. Adequate utilities, access roads, drainage, sanitation, and other necessary facilities have been or
are being provided. All facilities are available at this location which is currently a vacant house.
Motion unanimously approved.
Conditional Zoning Request CZ -04 -10
Ashley Glover
Pin #1516 -80- 3293.000
608 Spring Branch Road
This is a request for a conditional zoning of a parcel of land, totaling .63± acres, located at 608 Spring
Branch Rd.
This property is currently zoned I -100; Industrial District and is requested to be rezoned to C -3; (CZD);
Highway Commercial Conditional Zoning District.
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The Planning Board met on August 24, 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 Ashley Glover for a conditional zoning district for a parcel of land (PIN #1516 -80- 3293.000) totaling
.63± acres, located at 60E Spring Branch Road from I -100; Industrial District to C -3 (CZD); Highway
Commercial Conditional Zoning District based on the following justification:
1) The City of Dunn Land Use Plan identifies this parcel as commercial use on the future land use
map. This property is located in area three of the Land Use Plan.
2) The amendment :s not inconsistent with the surrounding land uses which are commercial and
office.
3) A child care center in the C -3 (CZD) District is suitable and is not considered detrimental to the
area and would be beneficial to the entire community.
Motion unanimously approved.
Ordinance Amendment OA -03 -10
Chapter 22; Article III
Section 22 -70 through 22 -123 and
Section 22 -367
City Planner Neuschafer explained that this amendment will revise the accessory structure dimensional
requirements in all residential zones and the accessory building guidelines. The idea behind the
amendment is to limit the size of an accessory building such as a garage, pool house, etc. that would be
built behind a single family residence. The ordinance had not previously stipulated exactly what the
regulations were as far as if an accessory building could be built larger than the primary structure, which
they have had a couple of these in town, due to the error in the ordinance.
The Planning Board met on August 24, 2010, conducted a public hearing and unanimously approved the
amendment.
Motion by Council Member Joey Tart and seconded by Council Member Turnage to approve OA- 03 -10.
Motion unanimously approved. A copy of Ordinance (02010 -12) is incorporated into these minutes as
Attachment V.
Authorization to Accept
21 Century Grant for PAL
Manager Autry asked the Council to defer this issue until the October 13, 2010 special call meeting/work
session to review this proposal extensively. Council consensus was to defer to October 13, 2010.
Consideration of a Resolution in
Support of the Establishment of a
College of Osteopathic Medicine at
Campbell University
The Council is being asked to formally support the establishment of a College of Osteopathic Medicine.
The Board of Trustees of Campbell University approved a feasibility study on August 4, 2010 to consider
the establishment of a College of Osteopathic Medicine, beginning with a charter class in August 2013.
Campbell University is requesting that all local municipalities adopt a resolution supporting this medical
school.
Motion by Mayor Pro Tem Robinson and seconded by Council Member Maness to adopt a Resolution in
Support of the Establishment of a College of Osteopathic Medicine at Campbell University. Motion
unanimously approved. A copy of Resolution (R2010 -18) in support of this medical school is
incorporated into these minutes as Attachment #8.
Temporary Blocking of Streets
Cotton Festival
Manager Autry stated that the NC Cotton Festival Committee has submitted a request to close the
following streets for the 12 Annual Cotton Festival on November 6, 2010.
Friday. Nov. 5 from 7:00 nm until after the festival on Nov. 6 at 8:00 nm
• Broad St. from CLnton Ave. to Wilson Ave.
• Wilson Ave. from Edgerton St. to the Fire Station on Harnett St.
Saturday. Nov. 6 from 6:00 am until 6 Dm
• Broad St. from Clinton Ave. to Layton Ave.
• Edgerton St. from Clinton Ave. to Fayetteville Ave.
• Wilson Ave. from Cumberland St. to the driveway at the Fire Station on Harnett.
• Railroad Ave. from Cumberland St. to Harnett St.
• Lucknow Ave. to Broad St.
• Fayetteville Ave. from Cumberland St. to Edgerton St.
• King Ave. from Cumberland St. to Edgerton St.
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• Layton Ave. from Cumberland St. to Edgerton St.
In addition, they also ask for assistance from city personnel (police, public works and parks and recreation)
and that the street sweeper come through after the event on Saturday.
Motion by Council Member Joey Tart and seconded by Council Member Galbreath to approve the
temporary street closings as requested for the le Annual NC Cotton Festival. Motion unanimously
approved.
Temporary Blocldng of Street
McNeil Memorial Church
Manager Autry stated that a request has been received from McNeil Memorial Church to close E. Canary
Street from S. Elm Avenue to S. Magnolia Avenue on Saturday, September 18, 2010 from 8:00 am until
4:00 pm for the purpose of holding a street fair for the neighborhood children.
Motion by Mayor Pro Tern Robinson and seconded by Council Member Turnage to approve the temporary
street closing as requested by McNeil Memorial Church. Motion unanimously approved.
Order of Collections
Authorization to Tax Collector
Manager Autry explained that pursuant to N.C.G.S. 105 -352, attached is an Order of Collections which
authorizes Tax Collector Shannon McIntyre to collect the taxes set forth in the 2010 records filed in the
office of the Tax Collector.
Motion by Mayor Pro Tern Robinson and seconded by Council Member Joey Tart to approve an order of
collections authorizing Tax Collector Shannon McIntyre to collect the taxes set forth in the 2010 tax
records filed in the office of the Tax Collector. Motion unanimously approved. A copy of this Order of
Collections is incorporated into these minutes as Attachment #9.
Consideration of NCWaterWARN
Mutual Aid and Assistance Agreement
For Water and Wastewater Utilities
The Council is being asked to enter into a mutual aid agreement with the NC Water and Wastewater
Agency Response Network (NCWaterWARN) for water and wastewater utilities.
Utilities Director Dean Gaster provided the following key components of this agreement:
➢ The NCWaterWARN initiative establishes a process for peer -to -peer mutual aid to provide rapid,
short -term deployment of emergency assistance to restore critical operations to an affected utility. / ^\
➢ 47 states currently have this agreement in place and North Carolina has had this agreement in
place since June, 2008. It provides provisions for network activation, reimbursement, liabilities
and other issues mutually agreed upon by those that have signed this agreement. It also meets
Fiscal Year 06 Department of Homeland Security requirements which states that in order to be
eligible for Federal reimbursement, assistance provided through mutual aid agreements requires
that the agreement be established prior to the event of an emergency.
➢ This is a utility helping utility agreement.
➢ NCWaterWARN is designed to supplement existing mutual aid agreements.
➢ NCWaterWARN is designed to expedite assistance before state and federal governments can
mobilize.
➢ NCWaterWARN can be activated between utilities in crisis without a disaster declaration, but
integrates with the State EOC operations during a declared disaster.
➢ The agreement does not obligate members to do anything. Members are not required to provide
assistance.
➢ This program is recognized by the State Emergency Management and FEMA.
Motion by Council Member Galbreath and seconded by Council Member Turnage to approve the
NCWaterWARN agreement. Motion unanimously approved. A copy of the NCWaterWARN agreement
is incorporated into these minutes as Attachment #10.
Voting Delegate for
2010 NCLM Business Meeting
The North Carolina League of Municipalities will hold their annual business meeting on Monday, October
25, 2010 at 1:45 p.m, at the M.C. Benton Convention Center in Winston Salem, NC.
Any municipality that plans to attend must have their governing board authorize a voting delegate and an
alternate voting delegate to attend this meeting in order for them to cast a vote.
Mayor Harris, Council Members Galbreath and Turnage, and Manager Autry will be attending the NCLM
Annual Conference.
Motion by Council Member Galbreath and seconded by Council Member Maness to designate Mayor
Harris as a voting delegate and Council Member Turnage as an alternate voting delegate representing the
City of Dunn, NC at the 2010 North Carolina League of Municipalities annual business meeting on
Monday, October 25, 2010 at the M.C. Benton Convention Center in Winston Salem, NC. Motion
unanimously approved.
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Set Special Call Meeting/Work Session Date
October 13, 2010
Motion by Mayor Pro Tent Robinson and seconded by Council Member Galbreath to set a special call
meeting /work session date for October 13, 2010 at 8:30 am in the Council Chambers for possible action on
the following issues:
• Consultant will discuss a proposal to convert the Rosenwald School (old Harnett High School
building) into senior apartments
• Evaluate the 20 Century PAL Grant and the location of the proposed greenhouse project for PAL
• Establishment of a CDC (Community Development Corporation)
• CSX proposal to close Pearsall Street at -grade crossing
( Motion unanimously approved.
�✓ ITEMS FOR DISCUSSION
AND /OR DECISION
Financial Report
Finance Director Mark Stephens provided the following pre- audited financial report for fiscal year ended
June 30, 2010:
• Property taxes were $3,242,175 or 101.94% of budget. The City ended $62,174 above budget.
• Franchise taxes were $557,175 or 103.18 % of budget. The City ended $17,175 above budget.
• The Sales Tax Revenue was $1,254,333.39 or 88.33% of budget. The City ended $165,667 below
budget.
• Total expenditures in the General Fund were $8,839,784 or 96.62% of budget. The City ended
$309,216 below budgeted expenditures.
• Total expenditures in the Water /Sewer Fund were $3,999,881 or 93.34% of budget. The City
ended $285,019 below budgeted expenditures.
• The City received $999.338 in State and Federal grants for the year.
• The City acquired $670,000 in capital assets in both the general and water /sewer fund during the
year.
ADMINISTRATIVE REPORTS
Motion by Council Member Turnage and seconded by Council Member Maness to approve the
Administrative Reports. Motion unanimously approved.
ANNOUNCEMENTS
The following announcements and /or comments were made.
Mayor Harris:
➢ The next City Council meeting is scheduled for Tuesday, October 12, 2010 at 7:00 pm.
➢ The City Council will meet on October 13, 2010 at 8:30 am for a Special Call/Work Session
Meeting.
Manager Autry:
➢ Contractor has completed repairs to the bridge at the Water Plant that leads down to the pump
station. He will be sending to the Council, before and after pictures of the bridge work. Cost
estimates were budgeted at $150,000; however, the actual cost to repair was under $70,000.
➢ Broad Street connection from Magnolia to Clinton should be complete by the end of the week.
This will complete the wastewater project in the downtown area. Water line upgrades will begin
in the downtown area after the first of the year.
➢ A proposal will be presented at the October Council Meeting to observe Halloween on Saturday
night, October 30, 2010.
➢ A very positive article was in the News and Observer portraying the City of Dunn's detective
Scott Epperson aka "Barney Fife ".
Mayor Pro Tem Robinson:
➢ I Love Dunn buttons are available in the City Manager's office.
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 8:31 p.m. Motion unanimously approved.
Attest:
Debra G. West
City Clerk
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N. Harris
Mayor