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04122011124 MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Regular Meeting on Tuesday, April 12, 2011, at 7:00 p.m. in the Dunn Municipal Building. Present was Mayor Oscar N. Harris, Mayor Pro Tem 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 Utilities Director Dean Gaster, Police Chief B.P. Jones, Planning & Marketing Director Steven Neuschafer, Chief Building Inspector Mike Blackmon, Librarian Mike Williams, Recreation Director Perry Hudson, City Engineer Michael Goliber, City Attorney P. Tilghman Pope, City Clerk Debra West, and Daily Record Reporter Brian Haney. INVOCATION Mayor Harris opened the meeting at 7:00 p.m. and asked Police Chaplain Reverend Dennis Manuel to give the invocation. Afterwards, the Pledge of Allegiance was repeated. AGENDA AD.I USTMENT AND APPROVAL Motion by Mayor Pro Tem Robinson and seconded by Council Member Galbreath to adopt the April 12, 2011 meeting agenda with changes, if any, as listed below. Items Added to the Agenda: • Authorization for Police Department to submit and accept National Association of Police Athletic League — National PAL 2010 -2012 Mentoring Grant Agenda Items Removed: • none Motion unanimously approved. PRESENTATIONS Proclamation Presentation Lee - Parnell Post 6767 Veterans of Foreign War American Legion Post 59 Charles Cooke American Legion Post 193 ✓ William Stone Chapter 74 Disabled American Veterans Mayor Harris, Retired Colonel and Council Member Turnage and Mayor Pro Tem Robinson presented a proclamation to representatives of the Lee - Parnell Post 6767 Veterans of Foreign War, American Legion Post 59, Charles Cooke American Legion Post 193 and William Stone Chapter 74 Disabled American Veterans in honor and appreciation of the service and contributions they have made in the past and continue to make today. A copy of Proclamation (P2011 -07) to recognize VFW, American Legion and DAV is incorporated into these minutes as Attachment #1. 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 7:11 p.m. PUBLIC HEARINGS Harnett County Comprehensive Transportation Plan Mayor Harris stated that the public has been notified that oral and written comments will be heard and received concerning the adoption of that portion of the Harnett County Comprehensive Transportation Plan '- (CTP) that is within the planning jurisdiction of the City of Dunn. �i The public hearing was duly advertised on March 29, 2011. Mr. Joel Strickland, representative of Mid - Carolina Rural Planning Organization (RPO) stated that this has been a joint effort between the Mid - Carolina RPO, NCDOT, Capital Area MPO, Fayetteville MPO, Harnett County, all municipalities within Harnett County, Fort Bragg and Campbell University. This is a 30 year long range Comprehensive Transportation Plan. In the past, DOT developed Thorough -Faze Plans which is basically a highway map documenting highway projects; however, this plan includes every mode of transportation and is a much more inclusive plan than the previous Thorough -Faze Plan. Mr. Strickland stated that specifically for Dunn, City Planner Neuschafer served on the committee and played a major role in Dunn's portion of the plan. The old Thorough -Fare plan projects and pedestrian plan are rolled into this new CTP. Mr. Strickland stated that the Towns of Erwin and Angier have already approved this plan. 125 Mayor Harris asked if anyone wished to speak for or against the adoption of the CTP. Hearing none, Mayor Harris closed the public hearing. Short -Term Installment Purchase Financing - Downtown Area Revitalization Project Mayor Hams stated that the public has been notified that the Dunn City Council will hold a public hearing for the purpose of receiving public comment concerning the short -term financing for the Downtown Area Revitalization Project as authorized by N.C.G.S. 160A -20. The public hearing was duly advertised on March 29, 2011. Mayor Harris asked if anyone wished to speak for or against the short-term financing. Hearing none, Mayor Harris closed the public hearings at 7:16 p.m. CONSENT ITEMS Minutes — Council considered approval of minutes of the March 8, 2011 City Council meeting Tax Releases/Refunds — Council considered approval of Tax Releases/Refunds #171 - #177. Copies of Tax Releases/Refunds are filed in the office of the Tax Collector. Proclamation - Council considered approval of a Proclamation designating May 1 - 7, 2011 as Municipal Clerks Week. Council Member Maness read the proclamation. A copy of Municipal Clerks Week Proclamation (P2011 -08) is incorporated into these minutes as Attachment #2. Proclamation - Council considered approval of a Proclamation designating April 10 - 16, 2011 as National Library Week. Council Member Joey Tart read the proclamation. A copy of National Library Week Proclamation (P2011 -09) is incorporated into these minutes as Attachment #3. Proclamation- Council considered approval of a Proclamation designating May 14, 2011 as Dunn Community Clean Up Day in the City of Dunn. A copy of Dunn Community Clean Up Day Proclamation (P2011 -10) is incorporated into these minutes as Attachment #4. 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 (R2011 -12) is incorporated into these minutes as Attachment #5. Motion by Council Member Joey Tart and seconded by Council Member Billy Tart to approve all consent items. Motion unanimously approved. ITEMS FOR DECISION Consideration of a Resolution Adopting the Harnett County Comprehensive Transportation Plan Manager Autry stated that the Council is being asked to adopt the portion of the Harnett County Comprehensive Transportation Plan within the planning jurisdiction of the City of Dunn and to endorse the remainder of the plan. This plan encompasses all transportation deficiencies that will exist over the next 30 years and how to handle those deficiencies. The Harnett County CTP includes highway, bicycle, pedestrian, rail and public transportation. Motion by Mayor Pro Tern Robinson and seconded by Council Member Turnage to approve the Resolution to adopt the Harnett County CTP. Motion unanimously approved. A copy of Resolution (R2011 -13) to adopt the CTP is incorporated into these minutes as Attachment #6. Consideration of a Resolution Authorizing the Filing of an Application for Approval of a Financing Agreement Authorized by N.C.G.S.160A -20 Downtown Area Revitalization Project The Council is being asked to adopt a Resolution to authorize the Finance Director to file an application with the Local Government Commission (LGC) to finance the cost of downtown improvements. The resolution is part of the approval process required by the LGC to finance projects The fast annual debt payment will be in fiscal year 2013 -2014 and will be reflected in the general fund operating budget. Motion by Council Member Joey Tart and seconded by Council Member Galbreath to adopt the Resolution authorizing the Finance Director to File an Application with the LGC for approval of a financing 126 agreement. Motion unanimously approved. A copy of Resolution (R2011 -14) authorizing the filing of an application with the LGC for approval of financing for downtown improvements is incorporated into these minutes as Attachment V. Award Bank Bid for Short -term Financing for Downtown Area Revitalization Project Proposals were sent to local banks for interim financing during the construction phase of the downtown project. USDA will provide permanent financing when the project is complete. The term of the loan is for a period of two years. The following three banks submitted proposals: Financial Institution Interest Rate Interest Paid Loan Cost Total Cost BB & T 1.73% 25,855 - 25,855 RBCBank 1.48% 22,119 7,500 29,619 First Citizens 2.04% 30,488 1,500 31,988 me interest cost aurtng me construction phase has been included in the capital project ordinance which was adopted at the December Council meeting. Motion by Council Member Galbreath and seconded by Council Member Turnage to award bid for financing to BB & T Bank at a rate of 1.73% for a two year term. Motion unanimously approved. Consideration of Ordinance to Demolish House 57 J & J Lane — PIN #1526 -04- 8479.000 (Tabled at 3 -8 -11 CC Mtg.) After Council deliberations at the March 8, 2011 meeting, a motion was made by Council Member Joey Tart and seconded by Council Member Bryan Galbreath to table this item of business until the April 12 meeting. Motion by Council Member Maness and seconded by Council Member Galbreath to remove this item of business from the table. Motion unanimously approved. Mayor Harris asked Chief Building Inspector Mike Blackmon for an updated report. Mr. Blackmon stated that he met with a representative of Dr. Beretich last week and they walked through the property. The house has been secured and the yard has been cut and cleaned. Dr. Beretich plans to gut the entire inside, —/ re -plumb the house, install new wiring and new heating system. Correspondence has been received from Attorney Cecil B. Jones of Jones and Jones, P.L.L.C. stating that he represents Dr. Beretich with reference to purchasing this property from current owner, Lena Paz. The letter states that Dr. Beretich should close on this property within the week and Dr. Beretich is committed to improving this property such that it is in a livable condition. The letter also requested additional time for Dr. Beretich to make improvements. Mayor Harris entertained a motion to table this item of business for another thirty days in order to give Dr. Beretich time to close on the purchase of the house. Motion by Council Member Joey Tart and seconded by Council Member Turnage to table this item of business. Motion unanimously approved. Ordinance Amendment OA -02 -11 Chapter 3 of the Code of Ordinances Animals and Fowl (Tabled at 3 -8 -11 CC Mtg.) This amendment will revise and add text to the Animal Ordinance. It was tabled at the March 8, 2011 meeting by motion from Council Member Galbreath, and seconded by Mayor Pro Tern Robinson in order to allow Police Chief Jones to strike additional language from the proposed ordinance pertaining to infected dogs and licensing of dogs. Motion by Council Member Maness and seconded by Council Member Galbreath to remove this item of business from the table. Motion unanimously approved. Chief Jones explained the additional strikethroughs. Motion by Council Member Galbreath and seconded by Council Member Billy Tart to approve OA- 02 -11. Motion unanimously approved. A copy of Ordinance (02011 -05) is incorporated into these minutes as Attachment #8. Consideration of a Resolution Identifying the Area Described Herein as Being Under , Consideration for Annexation 127 Manager Autry explained that a Resolution Identifying the Area Described Herein as Being Under Consideration for Annexation is a resolution required in the General Statutes as a first step in the annexation process. The resolution remains active for two years and is commonly adopted every two years as a matter of procedure. This property is identified for future potential annexation. This resolution has been adopted by the City in the past, the last time being in April of 2009. Motion by Mayor Pro Tem Robinson and seconded by Council Member Turnage to adopt the Resolution Identifying the Area Described Herein as Being Under Consideration for Annexation. Motion unanimously approved. A copy of Resolution (R2011 -15) Identifying the Area as being under consideration forAnnexation is incorporated into these minutes as Attachment #9. Consideration of a Resolution Accepting Streets, Rights of Way, Storm Water Drainage, and Water /Sewer Systems East Pointe Subdivision (US Hwy. 421 & NC 55) Manager Autry explained that the Council is being asked to adopt this resolution to accept dedication of the streets, rights of way, storm drainage and water /sewer systems in the recently annexed East Pointe Subdivision. This property, owned by Tilghman & Company, was annexed into the City Limits of Dunn effective March 31, 2011. Mr. Autry stated that the Public Works Director and City Engineer have inspected the streets, rights of way, storm drainage and water /sewer systems and found they meet all specifications. Motion by Council Member Billy Tart and seconded by Council Member Joey Tart to adopt the Resolution accepting streets, rights of way, storm water drainage, and water /sewer systems -East Pointe Subdivision (US Hwy. 421 & NC 55). Motion unanimously approved. A copy of Resolution (R2011 -16) accepting streets, utilities is incorporated into these minutes as Attachment #10. Consideration of a Resolution to Include the City of Dunn in the Dunn Averasboro Fire Service Protection District as Established by Harnett County Manager Autry stated that within the last thirty days, all citizens of Dunn and Harnett County received a letter from Harnett County Emergency Management Services, with regard to the re- alignment of all fire districts within the County, to make them compatible with insurance districts that were adopted in 2005. He added that this resolution re- affirms that City of Dunn residents are in the Averasboro Fire District and the County is asking that a resolution be adopted to support Harnett County's desire to establish the Dunn Averasboro Fire Service District and to consent to include the territory located within the municipal limits of the City of Dunn including territory hereinafter annexed by the City of Dunn. Motion by Council Member Turnage and seconded by Council Member Maness to adopt the Resolution to include the City of Dunn in the Dunn Averasboro Fire Service Protection District. Motion unanimously approved. A copy of Resolution (R2011 -17) adopting the Dunn Averasboro Fire Service Protection District is incorporated into these minutes as Attachment #11. Election Filing Fees Manager Autry explained that the filing fees for municipal elections must be set by the governing body no later than the day before candidates are permitted to begin filing notices of candidacy. The Harnett County Board of Elections office has requested that the filing fees be submitted to them. The governing board shall have the authority to set the filing fee at not less than five dollars ($5.00) nor more than one percent (I %) of the annual salary of the office sought. This fee shall be paid to the board of elections at the time candidacy is filed. The filing fee in 1999, 2003 and 2007 was $27.00 for council members and $42.00 for Mayor. The filing period begins July 25 at noon and ends August 12'" at noon. All candidates will file at the Board of Elections office in Lillington. Also City elections will be held October 11 " and run-offs on November 8' if necessary, and subject to redistricting deadlines. Motion by Council Member Billy Tart and seconded by Council Member Joey Tart to set election filing fees at $27.00 for council members and $42.00 for Mayor. Motion unanimously approved. Consideration of Letter of Agreement For Consulting Services — Scott A. Redinger, Inc. Housing Consultant & Developer Manager Autry stated that this issue to evaluate the possibility of developing the Police Athletic League campus has been discussed at previous Council meetings. Costs are projected at $28,500 in the current FY 10 -11 budget and estimated at $60,100 in FY 11 -12. He added that the Council has the option to stop the process at anytime they deem this will not be a viable operation. 128 Motion by Council Member Joey Tart and seconded by Mayor Pro Tern Robinson to approve the Letter of Agreement for consulting services by Scott A. Redinger, Inc. (SAR) and Budget Amendment #6. Motion unanimously approved. A copy of the Letter of Agreement and BA #6 is incorporated into these minutes as Attachment #12. Consideration of Resolution Directing the Clerk to Investigate Voluntary Annexation Petition ANX -02 -11 Susan E. Tart, Inc. — 4.17 acre parcel of PIN #1526 -03 -7442 Manager Autry stated that a petition has been received from Susan E. Tart, Inc. (Howard G. Tart & R. Stephens Tart, Jr.) for the contiguous annexation of approximately 4.17 acres of PIN #1526 -03 -7442, more or less, located on the northwest corner of Tract No. 1 East Pointe Subdivision along US 421 South. Motion by Council Member Galbreath and seconded by Council Member Billy Tart to adopt the Resolution Directing the Clerk to Investigate Voluntary Annexation Petition ANX- 02 -11. Motion unanimously approved. A copy of Resolution (R2011 -18) Directing the Clerk to Investigate ANX -02 -11 petition is incorporated into these minutes as Attachment #13. ITEMS FOR DISCUSSION AND /OR DECISION Financial Report Finance Director Mark Stephens provided the following financial report for the period ending February 28, 2011: • As of February 28, 2011, the City had $3.4M in cash in the General Fund and $23M in the Water - Sewer Fund. In February of 2010 the City had $3.4M in the General Fund and $2.4M in the Water and Sewer Fund. • Investment earnings are in the .35 % -.20 % range. This is within the budgeted range. • Building permit fees were $50,112.04 or 71.59% of budget. The City should be at 66.67% of budget. • Water and sewer revenues were $2.9M or 71.24% of budget. The City should be at 66.67% of budget. • Fuel cost per gallon was $2.55 in February. The City budgeted $2.25 a gallon. • Sales tax distributions were $737,642 or 54.64% of budget. The City is $50,000 below the budgeted amount. • Expenditures were 63.17% of budget in the General Fund and 52.92% of budget in the Water and Sewer fund. The benchmark for this period is 66.67% of budget. Summer Hours Manager Autry explained that for the past seven years, the City Council has approved summer operating hours for City offices. The summer hours of 7:30 am — 4:00 pm begin June 1'` and end August 31". Mr. Autry requested that the Council consider including the month of May for summer operating hours as well. The transition to summer hours has worked very well during the past seven years. To allow adequate time to notify our citizens, the City Council is being asked to adopt these hours effective May 1". Motion by Mayor Pro Tem Robinson and seconded by Council Member Turnage to adopt the summer operating hours of 7:30 am — 4:00 pm beginning May 1" and ending August 31" for the City of Dunn employees. Motion unanimously approved. Council Member Galbreath asked Manager Autry for the methods he will use to inform the citizens. Manager Autry responded that notice of summer hours will be posted on the April water bill, government channel, website, drive -thru window and entrance to City Hall and posted in the Daily Record. Set Date for Special Call Meeting/Public Hearing Proposed Electoral Districts Manager Autry stated that the Council is being asked to set a special call meeting/Public Hearing for Monday, April 25 2011 at 7:00 pm at which time the Council will conduct a public hearing on the proposed new electoral districts and to approve the same, so that it can be prepared for submission to the United States Department of Justice for approval. Mr. Bobby Bowers, redistricting consultant, will explain the newly proposed municipal electoral districts based on the 2010 census data. A copy of the proposed electoral districts is on display tonight and will be available in the City Manager's office for the public to review prior to the April 25 meeting. 129 Motion by Council Member Turnage and seconded by Council Member Billy Tart to set a Special Call Meeting on April 25, 2011 at 7:00 pm, at which time a public hearing will be held followed by a vote of the Council on the proposed new electoral districts. Motion unanimously approved. Set Date for Special Call Meeting/Budget Work Session Manager Autry stated that the Council is being asked to set a Special Call meeting/Budget Work Session for Tuesday, May 17, 2011. Suggested time to begin the meeting is 8:30 am. Motion by Council Member Galbreath and seconded by Council Member Maness to set a Special Call Meeting/Budget Work Session date for May 17, 2011 beginning at 8:30 am. Motion unanimously approved. ITEMS FOR DECISION (CONTINUED) Authorization for Police Department to submit and accept National Association of Police Athletic League — National PAL 2010 -2012 Mentoring Grant Manager Autry explained that the Police Department PAL has an opportunity to receive $30,000 in grant money to continue the Mentoring Program through the Dunn Police Athletic League from May 1, 2011 through April 30, 2012. Due to notification of the grant award April 6, 2011 and the deadline to have paperwork submitted to National PAL April 14, 2011, we are requesting acceptance. The Mentoring Grant hired a coordinator to recruit volunteers to mentor youth between the ages of 6 -15 years old. The National PAL Mentoring Program started April 1, 2010 and will be ending April 30, 2011. This grant is an extension of the previous grant. There are no local match requirements. Motion by Mayor Pro Tem Robinson and seconded by Council Member Galbreath to authorize the Police Department to accept the National Association of Police Athletic League Mentoring Grant. Motion unanimously approved. ADMINISTRATIVE REPORTS Motion by Council Member Joey Tart 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: ➢ City offices will be closed April 22, 2011 in observance of Good Friday. ➢ The City Council will meet in special session and hold a public hearing on Monday, April 25, 2011 at 7:00 pm to receive comments with regard to the new electoral districts. ➢ The Mayor's Prayer Breakfast is scheduled for Thursday, May 5" at 7:30 am in the Gospel Tabernacle Life Center. Also Mr. Currin and Mr. Beasley's AP Government Class from Triton High School will be participating in the Leaders of Tomorrow (Shadow) Program and mock City Council meeting on this same date. The next regular City Council meeting is scheduled for Tuesday, May 10, 2011 at 7:00 pm. ➢ He reminded the Council to check their calendar and let Debbie or Melissa know if they will be attending Town Hall Day in Raleigh on Wednesday, May 4'". Registration deadline is April 15'". ➢ Budget Work Session will be held on Tuesday, May 17, 2011 beginning at 8:30 am. ➢ Harnett County Commissioners will be honoring Commissioner Beatrice Hill for twenty years of service on Saturday, May 7" at 7:00 pm at the Dunn Community Center. All are invited to attend. Mayor Pro Tem Robinson will be bringing greetings to the Harnett County NAACP 43 d Annual Freedom Fund Banquet on Saturday, April 23, 2011. ➢ DACC Annual Clean -up Day is scheduled for May 14'". Council Member Turnage: ➢ This year will mark the 25 General William C. Lee celebration. Activities begin on June 2 "d through June 5 and include a Golf Tournament at Keith Hills, Veterans Breakfast at American Legion Post 59, wreath laying ceremony at Greenwood Cemetery, and a joint concert with the 82 " Airborne Division Band and Chorus featuring WRAL anchor Pam Saulsby. Mayor Pro Tem Robinson: ➢ Commended DACC Education Committee for introducing Harnett Primary School to the Leader in Me Program. As a result of this program being taken on by Harnett Primary Principal Sabrina Henley, our City had International and national guests. It was awesome and this tremendous program is making a difference in the lives of local students and is certainly something other schools should look at. Council Member Galbreath: 130 ➢ Harnett County NAACP will be observing the 43" Annual Freedom Fund Banquet on Saturday, April 23, 2011 at the Dunn Community Center. Tickets can be purchased from any member of the NAACP. ➢ PAL Community Fair will begin April 15 through April 24'". Manager Autry: Information enhancements have been added to the government channel, new equipment has been put in place with information, weather, traffic, etc. Council meetings will be scheduled at certain times to air. This information enhancement will allow the City to apply for grant monies administered through the State. Also fiber optic lines have been installed to improve the appearance of the governmental channel. With no further business to discuss, a motion was made by Council Member Billy Tart and seconded by Council Member Turnage to adjourn the meeting at 8:06 p.m. Motion unanimously approved. Attest: 0 lJ� Debra G. West City Clerk .�` OITY O � . Fp (:,ORPOg Z Z'• ` ' O9 CAROB-' Mayor