Loading...
05102011134 MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Regular Meeting on Tuesday, May 10, 2011, 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 Utilities Director Dean Gaster, Police Chief B.P. Jones, Planning & Marketing Director Steven Neuschafer, Chief Building Inspector Mike Blackmon, 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. Mayor Pro Tent Robinson gave the invocation. Afterwards, the Pledge of Allegiance was repeated. AGENDA ADJUSTMENT AND APPROVAL Motion by Mayor Pro Tom Robinson and seconded by Council Member Maness to adopt the May 10, 2011 meeting agenda with changes, if any, as listed below. Items Added to the Agenda: • none Agenda Items Removed: • none Motion unanimously approved. Retirement Resolution Scott Epperson Mayor Harris, City Manager Ronnie Autry, and Police Chief B.P. Jones presented a retirement resolution to Scott Epperson, in recognition and appreciation of his 12 years of service to the City of Dunn Police �✓ Department. A copy of Resolution (R2011 -19) recognizing Scott Epperson 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 7:09 p.m. PUBLIC HEARINGS Ordinance Amendment OA -03 -11 Chapter 22; Article V of the Zoning Ordinance Off - street Parking and Loading Requirements Mayor Harris stated that this is a request to hereby amend Chapter 22, Zoning Ordinance, of the City of Dunn Code of Ordinances; Article V. This amendment will revise the off - street parking and loading requirements along with adding new sections to the ordinance. The public hearing was duly advertised on April 19' & 26 2011. Mayor Harris yielded to Planner Neuschafer. Mr. Neuschafer explained that this request has been reviewed by the Planning Board for several months and after much deliberation and versions of the ordinance revisions, they unanimously voted to support this amendment during their last meeting. There are many amendment changes to the ordinance, specifically there are three or four major areas that are changed, having to do with the table that references the number of parking spaces that are required for residential and non - residential parking spaces and depending on the size of the use and the type of the use, you would use that table to determine the exact number of parking spaces. The old table had approximately seven or nine different general uses which made it difficult to assess the correct number of parking spaces for a particular use. The new table is much more expansive and it should allow the developer and the planning department to better conclude the proper number of spaces for a particular use. All the proposed changes are from this point forward; any uses already existing are grandfathered and only if a change of use or a new use came into the jurisdiction would the proposed ordinance change be effective. New uses would adhere to the new ordinance. 135 . Mr. Neuschafer stated that most of the revisions were done for clarity, for businesses and developers to know exactly what will be required of them and to provide for a better community in the future and their mobility and ability to access properties. Mayor Harris asked if anyone wished to speak for or against OA- 03 -11. Hearing none, Mayor Harris closed the public hearing at 7:17 p.m. CONSENTITEMS Minutes — Council considered approval of minutes of the April 12, 2011 City Council meeting. Minutes — Council considered approval of minutes of the April 25, 2011 Special Call City Council meeting. Tax Releases/Refunds — Council considered approval of Tax Releases/Refunds #178. Copies of Tax Releases /Refunds are filed in the office of the Tax Collector. Budget Amendment — Council considered approval of BA #7. A copy of BA #7 is incorporated into these minutes as Attachment #2. Surplus Resolution — Council considered approval of a Resolution Declaring the Badge and Service Weapon Carried by Sgt. Scott Epperson Surplus and awarding them to him on his retirement. A copy of Surplus Resolution (R2011 -20) awarding the badge and service weapon to Sgt. Scott Epperson is incorporated into these minutes as Attachment #3. Motion by Council Member Joey Tart and seconded by Council Member Turnage to approve all consent items. Motion unanimously approved. ITEMS FOR DECISION Ordinance Amendment OA -03 -11 Chapter 22; Article V of the Zoning Ordinance Off - street Parldng and Loading Requirements This amendment will revise the off - street parking and loading requirements along with adding new sections to the ordinance. The Planning Board met on April 26, 2011 conducted a public hearing and voted unanimously to approve this request. Motion by Mayor Pro Tem Robinson and seconded by Council Member Galbreath to approve OA- 03 -11. Motion unanimously approved. A copy of Ordinance (02011 -06) is incorporated into these minutes as Attachment #4. Consideration to Adopt Capital Improvement Program 2011 -2031 The Council is being asked to update the current Capital Improvement Program (CIP) which ends in 2023 to include a 20 year period starting in 2011 and ending in 2031. City Engineer Michael Goliber explained that the North Carolina Department of Natural Resources (NCDENR) Public Water Supply Section (PWSS) is working with the United States Environmental Protection Agency ( USEPA) to complete a needs survey for water systems in North Carolina. This needs survey will provide information to the USEPA which in turn will be used to determine State Revolving Fund (SRF) monies available to North Carolina for water system projects in the future. The USEPA has asked for twenty (20) year projections for this needs survey. The City of Dunn 2011 -2031 CIP will be used as a supplemental document for the USEPA needs survey. Mr. Goliber stated that the last CIP update was used in 2003 and the majority of those projects have been completed. He added that there is no commitment on the part of the City in adopting this; however, it will make it official in order for EPA to be able to accept it for their survey needs. Davis - Martin- Powell along with assistance from staff members of the City of Dunn, have prepared the 2011 -2031 CIP that includes a twenty (20) year projection of needs for the City of Dunn in the areas of water treatment and distribution, wastewater treatment and collections, stormwater and paving. Motion by Council Member Galbreath and seconded by Council Member Billy Tart to adopt the 2011 -2031 Capital Improvement Program. Motion unanimously approved. Audit Contract F/Y 2010 -2011 Finance Director Mark Stephens stated that Petway Mills & Pearson, PA submitted a proposal of $20,000.00 to perform the F/Y 2010 -2011 audit for the City of Dunn. He stated that the previous audit cost for F/Y 2009 -10 was $19,470.00. 136 Petway Mills & Pearson, PA has been performing the City's audit since 2005. Motion by Council Member Maness and seconded by Council Member Joey Tart to contract services with Petway Mills & Pearson, PA to conduct the F/Y 2010 -2011 audit for the City of Dunn at a proposed cost of $20,000.00. Motion unanimously approved. A copy of FY 10 -11 audit contract is incorporated into these minutes as Attachment #5. Consideration of Resolution Fixing Date of Public Hearing as June 14, 2011 for Voluntary Annexation Petition ANX -02 -11 Susan E. Tart, Inc. — 4.17 acre parcel of PIN #1526.03 -7442 At the April Council meeting, the Council adopted a resolution directing the Clerk to investigate the sufficiency of the petition. The Clerk has certified the sufficiency of the petition and has provided a copy to the Council. This 4.17 acre parcel of the Susan E. Tart, Inc. Property (PIN #1526 -03 -7442) is located on the northwest corner of Tract No. 1, East Pointe Subdivision along US 421 South and is owned by Howard G. Tart and R. Stephens Tart, Jr. Motion by Council Member Galbreath and seconded by Council Member Joey Tart to adopt the Resolution Fixing Date of Public Hearing as June 14, 2011 for Voluntary Contiguous Annexation Petition ANX -02- 11. Motion unanimously approved. A copy of Resolution (R2011 -21) Fixing Date of Public Hearing for ANX -02 -11 is incorporated into these minutes as Attachment #6. Board Appointments Planning Board (3 year term) In -town Incumbent, Claudell Brown is eligible to serve another term. There is one unexpired in -town vacant seat previously held by Renee Ellmers with a term expiring June 30, 2012. Applications have been received from Kevin Williams, Kevin L. Nelson and Peter Walters. Motion by Council Member Billy Tart and seconded by Council Member Maness to re- appoint Claudell ✓ Brown for in -town membership to the Planning Board with a term ending June 30, 2014 and to appoint Kevin Williams to the unexpired in -town vacant seat previously held by Renee Ellmers with a term expiring June 30, 2012. Motion unanimously approved. Board of Adjustment (3 year term) In -town incumbents, Blount Whiteside and John Archie, Jr. and ETJ incumbent Gary Beasley are eligible to serve another term. There is one unexpired in -town vacant seat previously held by Roy V. Tew, III with a term expiring June 30,2013. One application has been received from Kevin L. Nelson Motion by Council Member Maness and seconded by Council Member Turnage to re- appoint Blount Whiteside, John Archie, Jr. and Gary Beasley to the Board of Adjustment with a term ending June 30, 2014 and to appoint Kevin L. Nelson to the unexpired in -town vacant seat previously held by Roy V. Tew, III with a term expiring June 30, 2013. Motion unanimously approved. ABC Board (3 year term) Incumbent Jesse Moore has served one term and one application has been received from Kevin L. Nelson. Motion by Council Member Turnage and seconded by Mayor Pro Tem. Robinson to re- appoint Jesse Moore to the ABC Board with a term ending June 30, 2014. Motion unanimously approved. Library Board (3 year term) Incumbent John Coley is not eligible to serve another term and incumbent Linda Monds does not wish to --/ serve another term. Applications have been received from Gloria Gulledge and Peter Walters. Motion by Council Member Joey Tart and seconded by Council Member Billy Tart to appoint Gloria Gulledge and Peter Walters to the Library Board of Trustees with a term ending June 30, 2014. Motion unanimously approved. Recreation Commission (3 year term) Incumbents Eddy Langston, Shirley White and Dewayne Holmes are eligible to serve another term. Incumbent Denise Whitman does not wish to serve another term. Applications have been received from Rodney Warren and Peter Walters. 137 Motion by Council Member Turnage and seconded by Council Member Joey Tart to re- appoint Eddy Langston, Shirley White and Dewayne Holmes and to appoint Rodney Warren to the Recreation Commission with a term ending June 30, 2014. Motion unanimously approved. Dunn Housing Authority (5 year term) (Mayoral appointment) Incumbents Lester Lee and Nathaniel Tucker are eligible to serve another term and no applications have been received. Mayor Harris re- appointed Lester Lee and Nathaniel Tucker to the Dunn Housing Authority with a term ending June 30, 2016. Dunn Housing Authority (Tenant Representative -I year term) (Mayoral appointment) Mayor Harris re- appointed Charles McNeill as tenant representative to the Dunn Housing Authority with a term ending June 30, 2012. Approval of Interlocal Agreement For Harnett County to Provide Tax Collections Finance Director Stephens explained that this is an interlocal agreement with the Harnett County Tax Department to collect the City's ad valorem taxes beginning July 1, 2011. He added that the County will charge a 1% fee for all taxes collected and there is no provision in the contract to increase this fee. The contract also allows the City to inspect the County records and allows for a six month notification to cancel the contract. Based on analysis, it was determined that the contract will save the City $22,000 per year in tax collection costs and they anticipate a better collection rate. City Attorney Pope has reviewed the agreement and noted that only typographical errors were corrected. Motion by Council Member Joey Tart and seconded by Council Member Maness to approve the interlocal agreement to allow Harnett County to collect the City's ad valorem taxes. Motion unanimously approved. A copy of the Interlocal Agreement for Harnett County to Provide Tax Collections for the City of Dunn is incorporated into these minutes as Attachment #7. ITEMS FOR DISCUSSION AND /OR DECISION Financial Report Finance Director Mark Stephens provided the following financial report for the period ending March 31, 2011: • As of March 31, 2011, the City had $33M in cash in the General Fund and $2.6M in the Water - Sewer Fund. In March of 2010 the City had $3.3M 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 $61,500 or 87.86% of budget. The City should be at 75.00% of budget. • Water and sewer revenues were $3.2M or 78.15% of budget. The City should be at 75.00% of budget. • Average fuel cost in March for unleaded was $2.68 per gallon and diesel was $3.00 per gallon. The City budgeted $2.25 a gallon. • Sales tax distributions were $836,848 or 62.00% of budget. The City is $63,045 below the budgeted amount. • Expenditures were 71.32% of budget in the General Fund and 64.37% of budget in the Water and Sewer fund. The benchmark for this period is 75.00% of budget. Motion by Council Member Billy Tart and seconded by Mayor Pro Tem Robinson to accept the Financial Report. Motion unanimously approved. ADMINISTRATIVE REPORTS Motion by Council Member Galbreath 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 City Council will hold a special call meeting/budget work session on Tuesday, May 17, 2011 at 8:30 am. ➢ City offices will be closed Monday, May 30, 2011 in observance of Memorial Day. ➢ General William C. Lee Celebration (25 Anniversary) is planned for June 2 -5, 2011. Week -long events include a road race, veteran's reunion, golf tournament, military displays, music and more. ➢ Met with a re resentative of FEMA. FEMA has an office set -up at East Pointe Shopping Center. As of May 3 , 263 claimants had registered. 138 ➢ Groundbreaking ceremony for the new Harnett Health System will be held on Wednesday, May 11" in Lillington. ➢ The next regular City Council meeting is scheduled for Tuesday, June 14, 2011 at 7:00 pm. ➢ He along with Manager Autry and Council Member Turnage attended Town Hall Day on May 4, 2011. 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 Evening in the Park at Tart Park on Sunday, June 5" with a joint concert with the 82n Airborne Division Band and Chorus featuring WRAL anchor Pam Saulsby. Council Member Maness: ➢ DACC Annual Clean -up Day is scheduled for Saturday, May 10. Council Member Galbreath: Harnett County NAACP Freedom Fund Banquet that was originally scheduled for April 23rd at the Dunn Community Center was cancelled due to the events of the tornado. It has been rescheduled for Saturday, June 4" at 7:00 pm at Triangle South. Tickets are available. Log Cabin Syrup Company is sponsoring a pancake dinner fundraiser for PAL on June 1" from 6:30 -9:00 pm in the PAL gymnasium. Tickets are available. ➢ The Love Center will be sponsoring a Youth Summer Jam on Saturday, June 25 from 12:00 noon until 4:00 pm and is a free event. Mayor Pro Tem. Robinson: ➢ With the recent use of the Community Center by the tornado victims, he commended the Recreation Department for providing such a clean great facility for an event held during the past weekend to honor County Commissioner Beatrice Hill. ➢ Boogie on Broad featuring The Tams will be held on Thursday, May 12, 2011 in downtown Dunn. Closed Session 7:46 p.m. Motion by Mayor Pro Tem Robinson and seconded by Council Member Turnage to enter closed session pursuant to N.C.G.S. 143 - 318.11 to preserve the attorney client privilege to discuss a pending legal matter. Motion unanimously approved. i 8:05 p.m. - Closed session ended. Motion by Council Member Joey Tart and seconded by Council Member Billy Tart to approve the minutes of the closed session as recorded by City Attorney Pope. Motion unanimously approved. With no further business to discuss, a motion was made by Council Member Maness and seconded by Council Member Turnage to adjourn the meeting at 8:06 p.m. Motion unanimously approved. Attest: Debra G. West City Clerk G \TY OF "" :GpRPORgT�;� !_ — w.N 2 • SE A\ - H CARO 1",111"01 � VLAIAQAA� scar N. Harris Mayor