06142011142
MINUTES
CITY OF DUNN
DUNN, NORTH CAROLINA
The City Council of the City of Dunn held a Regular Meeting on Tuesday, June 14, 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, 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.
Absent: Council Member Chuck Turnage.
Mayor Harris stated that Council Member Turnage requested and has received an excused absence from
the meeting. He added that Mr. Turnage participated in the preparation of the FY 11 -12 budget which will
be voted on tonight and he fully supports it.
INVOCATION
Mayor Hams opened the meeting at 7:00 p.m. and asked Council Member Maness to give the invocation.
Afterwards, the Pledge of Allegiance was repeated.
A GENDA ADJUSTMENT AND APPROVAL
Motion by Mayor Pro Tem Robinson and seconded by Council Member Maness to adopt the June 14, 2011
meeting agenda with changes, if any, as listed below.
Items Added to the Agenda:
• Temporary Blocking of Street — Portion of the 600" block E. Vance Street
Agenda Items Removed:
• none
l Motion unanimously approved.
.../ PRESENTATIONS
Proclamation Presentation
Harnett County Special Olympics
Mayor Harris and Mayor Pro Tem Robinson presented a proclamation to Special Olympics athletes and
representatives of the Harnett County Special Olympics in recognition of the Spring Games 2011 held in
the City of Dunn. A copy of Proclamation (P2011 -16) recognizing Special Olympics is incorporated into
these minutes as Attachment #1.
Retirement Resolution
Keith Lee
Mayor Harris, City Manager Ronnie Autry, Recreation Director Perry Hudson and Public Works Director
Billy Addison presented a retirement resolution to Keith Lee, in recognition and appreciation of his 30
years of service to the City of Dunn. A copy of Resolution (R2011 -22) recognizing Keith Lee is
incorporated into these minutes as Attachment #2.
Certificate of Achievement for Excellence in
Financial Reporting — Finance Department
Mayor Harris presented a Certificate of Achievement for Excellence in Financial Reporting Award to
Finance Director Mark Stephens and the staff of the Finance Department, in recognition of achieving the
highest standard in governmental accounting and financial reporting, for the fiscal year ended June 30,
2010.
Plaque Presentation
Sgt. Regina Autry
Dunn Crime Stoppers
Mayor Harris and Police Chief Jones joined Dunn Crime Stoppers President John Riley as he presented an
award for excellence to Sgt. Regina Autry; noting that it is a great honor to be recognized by not only her
peers but also the national association. This award is presented to Dunn from the Southeastern Crime
Stoppers Association and recognizes cities with a population under 25,000 that reached the top in solving
crimes through Crime Stoppers.
Mr. Riley thanked Mayor Harris and the Council for inviting Dunn Crime Stoppers to receive this award.
Crime Stoppers could not be as successful without the cooperation and support of Chief Jones, the Dunn
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Police Department and the dedicated board members. He announced Crime Stoppers National Night Out is
scheduled for Tuesday, August 2, 2011 at Tart Park.
Police Chief Jones also provided the Council with the following brief updates:
122 charges were made in the recent drug round -up
12 out of 22 establishments in Dunn were recently charged with selling alcohol and /or beer to minors
PUBLIC COMMENT PERIOD
Mayor Harris opened the floor for a (30) minute public comment period.
Hearing no comments, the public comment period was closed. �^
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Mayor Harris opened public hearings at 7:30 p.m.
PUBLIC HEARINGS
Fiscal Year 2011 -2012 Budget
Mayor Harris stated that the public has been notified that the City Council of the City of Dunn will hold a
public hearing for the purpose of receiving public comment concerning approval of the Fiscal Year 2011-
2012 budget.
The public hearing was duly advertised on May 31, 2011.
Mayor Harris asked if there was anyone present who wished to speak for or against the adoption of the FY
2011 -2012 budget.
Mr. Billy Barfield, 1304 Guy Avenue, Dunn, stated that the rental property registration fee has been left in
the budget. There is legislation in Raleigh at this time to make this fee illegal and he asked that this fee be
returned to the rental property owners and to remove it from the FY 11 -12 budget.
Mr. Rick Lashmit, 715 Westbrook Avenue, Dunn, stated that as a property owner of rental property, he
would appreciate the Council removing the rental housing fee from the FY 11 -12 budget. He commended
the Council for their excellent job. He stated that he disagrees with the rental housing fee and asked that
the Council listen to the taxpayers and remove this fee.
Hearing no further comments from the public, Mayor Harris closed the public hearing.
Voluntary Annexation ANX -02 -11 F 1
Susan E. Tart, Inc.
4.17 acre parcel of PIN #1526 -03 -7442
Mayor Harris stated that the public has been notified that oral and written comments will be heard and
received concerning the question of voluntary contiguous annexation of a 4.17 acre parcel of PIN #1526-
03 -7442 located on the northwest comer of Tract 1, East Pointe Subdivision along US 421 South and
owned by Susan E. Tart, Inc. (Howard G. Tart & R. Stephens Tart, Jr.).
The public hearing was duly advertised on May 31, 2011.
Mayor Harris asked if anyone wished to speak for or against this annexation.
Hearing none, Mayor Harris closed the public hearing.
Ordinance Amendment OA -04 -11
Chapter 4. Buildings and Building Regulations
Article H. Regulatory Codes
Section 4 -39. Rental Housing Code
Mayor Hams stated that this is a request to hereby amend Chapter 4 of the Code of Ordinances; Section 4-
39. Rental Housing Code.
This amendment will revise and add text to the Rental Housing Code.
The public hearing was duly advertised on May 31 and June 7, 2011.
Mayor Hams asked if anyone wished to speak for or against OA- 04 -11.
Mr. Billy Barfield, 1304 Guy Avenue, Dunn, stated that some months ago this Council voted to enact a
rental housing code. Much opposition was imposed by the citizens and a group of property owners filed a
lawsuit which caused this case to go to mediation. He asked that any rental housing fees received from the
property owners be returned to them and that this fee be removed from the FY 11 -12 budget; adding that
legislation will probably remove this fee.
Hearing no further comments, Mayor Harris closed public hearings at 7:37 p.m.
i
CONSENTITEMS
Minutes — Council considered approval of minutes of the May10, 2011 City Council meeting.
Minutes — Council considered approval of minutes of the May 17, 2011 Special Call/Budget Work Session
Budget Amendments — Council considered approval of BA #8, #9, #10 and #11. A copy of BA #8-#11 is
incorporated into these minutes as Attachment #3.
Resolution (FEMA, NC Emergency Management) — Council considered approval of a Resolution
"Designation of Applicant's Agent (FEMA and NC Emergency Management)" designating the Finance
Director and City Manager as primary and secondary agents for disaster related reimbursements to the City.
A copy of Resolution (R2011 -23) Designation . of Applicant's Agent NC Division of Emergency
Management is incorporated into these minutes as Attachment #4.
Resolution (Solid Waste Management Plan) — Council considered approval of a Resolution accepting an
updated ten (10) year Solid Waste Management Plan - Harnett County Planning Area including Harnett
County and its five incorporated municipalities for the period July 1, 2009 — July 1, 2019 to provide for the
management of solid waste. A copy of Resolution (R2011- 24)Accepting and Endorsing the Solid Waste
Management Plan of 2009 for Harnett County is incorporated into these minutes as Attachment #5.
Motion by Council Member Maness and seconded by Council Member Joey Tart to approve all consent
items. Motion unanimously approved.
ITEMS FOR DECISION
Adoption of
Fiscal Year 2011 -2012 Budget
Mayor Harris yielded to City Manager Autry. Mr. Autry reviewed the budget process that was used in
preparing the FY 11 -12 budget:
• The Council planning/budget retreat was held at Raven Rock State Park on February 4, 2011;
at which time, critical issues were discussed that would impact the FY 11 -12 budget.
• In May, the preliminary budget was presented to the Mayor and City Council. A Work
Session was held on May 17th. The budget was finalized and made public as the General
Statute requires on June 1, 2011.
Manager Autry presented the following summary highlights of the FY 11 -12 budget:
�✓ TOTAL BUDGET: $13,425,000.00
General Fund: $ 8,825,000.00
Water Fund: $ 4,600,000.00
REVENUES: GENERAL
• Ad Valorem Taxes: Figure is based on an approximate tax base of $695,000,000.00 with the tax
rate of .48 per $100 valuation at a 98.50% collection rate.
• The majority of state revenues have been projected to remain as is or slightly less than this year's
budget.
• Fund balance has not been appropriated to balance this budget.
REVENUES: WATER
• Water and sewer rates are proposed to increase 2.5% per 1,000 gallons used. Examples: water -
$3.60 per 1,000 gallons increase to $3.70 per 1,000 gallons. Sewer - $3.08 per 1,000 gallons
increase to $3.16 per 1,000 gallons. Bulk water rates to governmental agencies - $1.85 per 1,000
gallons increase to $1.90 per 1,000 gallons.
EXPENDITURES: GENERAL
• General Fund operating, budget is comparable to FY 10 -11 budget with the exception of a
significant increase to various departments' fuel line items.
• Employee hospitalization insurance will change from BCBS to UnitedHealthcare and will equate
to the same expenditure.
• All debt service requirements have been appropriated in this budget to meet our debt obligation.
• Mandatory retirement contribution increased .55% for the Local Government Retirement System,
which equates to the City's contribution increase to 7 %.
• Eliminated positions in the Finance Office, Recreation Department and Public Works Department.
✓ A Personnel Director position has been added.
• Appropriated $15,000 for equipment to expand the P.K. Vyas Recreation Center for the Employee
Wellness Program and to benefit the citizens that use this facility.
• $65,000 has been placed in a contingency line item for unforeseen revenue shortfalls.
• Capital items consist of $125,000 for police cars, $6,000 for cemetery mower and $15,000 for
recreation department mower and ball field rake.
EXPENDITURES: WATER
• Capital items consist of $41,000 for installation of valves and a stream current monitor at the
water plant and $34,000 for installation of a reduced backtlow pressure device and 6" trash pump
at the wastewater plant.
• All debt service requirements have been obligated to meet our debt responsibilities.
• $111,600.00 has been placed in a contingency line item for unforeseen capital expenditures.
• Retirement contribution increase has been appropriated.
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• Employee hospitalization insurance appropriated for.
• The new debt for the Wastewater System Improvement Project of $375,000 has been appropriated.
Motion by Council Member Joey Tart and seconded by Mayor Pro Tern Robinson to adopt the Fiscal Year
2011 -2012 Budget as presented (to include the budget ordinance and fee schedule). Motion unanimously
approved. A copy of FY 11 -12 budget ordinance (02011 -07) and fee schedule is incorporated into these
minutes as Attachment #6.
Mayor Harris asked that the record reflect that Council Member Turnage relayed that he fully supports the
adoption of the FY 11 -12 budget.
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Consideration of Ordinance to Extend the
Corporate Limits of the City of Dunn
Voluntary Annexation ANX -02 -11
Susan E. Tart, Inc.
4.17 acre parcel of PIN #1526 -03 -7442
The Council is being asked to approve an ordinance to extend the corporate limits of the City of Dunn by
the voluntary contiguous annexation of Susan E. Tart, Inc. Property.
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 Susan E. Tart, Inc.
(Howard G. Tart and R. Stephens Tart, Jr.).
Motion by Council Member Maness and seconded by Council Member Billy Tart to adopt an Ordinance to
Extend the Corporate Limits of the City of Dunn by the voluntary contiguous annexation of Susan E. Tart,
Inc. (4.17 acre parcel of PIN #1526 -03- 7442). Motion unanimously approved. A copy of Ordinance
(02011 -08) to extend the corporate limits of the City of Dunn (ANX- 02 -11) is incorporated into these
minutes as Attachment #7.
Ordinance Amendment OA -04 -11
Chapter 4. Buildings and Building Regulations
Article U. Regulatory Codes
Section 4.39. Rental Housing Code
This amendment will revise and add text to the Rental Housing Code.
City Attorney Pope stated that the following minor changes are being proposed:
• Clarifies what constitutes the definition of an owner; to make clear that does not include the term
"tenant".
• It removes the criminal violation of the rental housing code where it would be punishable by a
misdemeanor crime based on some recent case law that does not allow for that but maintains the
civil penalties and civil enforcement.
• It clarifies some language that even if a landlord consents to the inspection of a rental property, if
the tenant objects, that the building inspector may not inspect the property without obtaining the
proper administrative warrant.
Motion by Council Member Billy Tart and seconded by Council Member Joey Tart to approve OA- 04 -11.
Motion unanimously approved. A copy of Ordinance (02011 -09) is incorporated into these minutes as
Attachment #8.
Consideration of a Resolution
Accepting Streets, Rights of Way,
Storm Water Drainage, and
Water /Sewer Systems
Susan E. Tart, Inc. (US 421 South)
The Council is being asked to adopt this resolution to accept dedication of the streets, rights of way, storm
drainage and water /sewer systems effective with the June 30, 2011 annexation of the Susan E. Tart, Inc.
property. This property is owned by Susan E. Tart, Inc. (Howard G. Tart and R. Stephens Tart, Jr.).
Motion by Council Member Galbreath and seconded by Council Member Maness to adopt the Resolution
accepting streets, rights of way, storm water drainage, and water /sewer systems -Susan E. Tart, Inc.
property (US Hwy. 421 South) effective June 30, 2011. Motion unanimously approved. A copy of
Resolution (R2011 -25) accepting streets, utilities is incorporated into these minutes as Attachment #9.
Consideration of Filing of
Articles of Incorporation for
Dunn Community
Development Corporation
City Attorney Pope stated that the Council has before them, proposed Articles of Incorporation for the
Dunn Community Development Corporation. The Council has been working for a number of months
towards a proposed project for the old Harnett High School and this is the entity that is proposed to be
IEFool
formed that will be a non - profit entity that would be involved in the development and rehabilitation of that
property. He added that if it's the wishes of the Council to approve moving forward with the filing of these
Articles, they will need to insert the names of proposed initial board members.
Mayor Harris read Article XIV which sets out the following purpose for which the organization is
organized:
1. To combat community deterioration, and poverty in the City of Dunn and surrounding
communities.
2. To relieve the poor, distressed and underprivileged of the City of Dunn and surrounding
communities.
3. To participate in residential rehabilitation and commercial area revitalization in the City of Dunn
and surrounding communities.
4. To participate in and promote economic development for affordable housing for the City of Dunn
and surrounding communities.
5. Any other activity not inconsistent herewith.
Motion by Mayor Pro Tern Robinson and seconded by Council Member Joey Tart to authorize the filing of
Articles of Incorporation and to appoint a nine member board consisting of the following initial board
members:
Dallas `Bo" Dafford, Sr.
Billy Ray Godwin, Jr.
Trent Carpenter
Carolyn Elmore Brewington
Madrid Archie
Clem Medley
Reginald Hinton
Eric Sinclair
Carolyn P. McDougal
Motion unanimously approved.
Temporary Blocking of Street
Portion of 600'' block of E. Vance St.
Manager Autry stated that a request has been received from the Lillie Cagle family to close a portion of the
600' block of E. Vance Street on Saturday, July 2, 2011 from 9:00 am until 6:00 pm for the purpose of
holding a family reunion celebration.
Motion by Council Member Galbreath and seconded by Mayor Pro Tern Robinson to approve the
temporary street closing as requested by the Lillie Cagle family. Motion unanimously approved.
ITEMS FOR DISCUSSION
AND /OR DECISION
Financial Report
Finance Director Mark Stephens provided the following financial report for the period ending April 30,
2011:
• As of April 30, 2011, the City had $3M in cash in the General Fund and $2.6M in the Water -
Sewer Fund. In April of 2010 the City had $2.9M in the General Fund and $2.2M in the Water
and Sewer Fund.
• Investment earnings are in the .35 % -.20% range. This is within the budgeted range.
• Building permit fees were $66,314 or 94.74% of budget. The City should be at 83.34% of budget.
• Water and sewer revenues were $3.6M or 86.31% of budget. The City should be at 83.34% of
budget.
• Average fuel cost in April for unleaded was $3.00 per gallon and diesel was $3.25 per gallon. The
City budgeted $2.25 a gallon. Thru April, the City is currently $12,500 over budget.
• Sales tax distributions were $939,258 or 69.57% of budget. The City is $73,242 below the
budgeted amount.
• Expenditures were 79.36% of budget in the General Fund and 72.33% of budget in the Water and
Sewer fund. The benchmark for this period is 83.34% of budget.
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:
➢ City offices will be closed Monday, July 4, 2011 in observance of Independence Day.
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➢ The City of Dunn will be hosting State Tournament games for 8 -under All -Stars at Tyler Park and
Tart Park beginning Friday, July 8" thru Wednesday, July 13'".
➢ The next regular City Council meeting is scheduled for Tuesday, July 12, 2011 at 7:00 pm.
➢ He and Mayor Pro Tern Robinson recently attended the 43" Annual Freedom Fund Banquet where
Harnett County Commissioner Beatrice Hill was recognized for her 21 years of distinguished
public service.
Manager Autry:
➢ Bid opening date for Downtown Revitalization Project is scheduled for Wednesday, June 29" at
11:00 am in the Council Chambers with recommendation for award at the July Council meeting.
Council Member Maness
➢ Independence Day celebration at Central Baptist Church on June 26, 2011 at 7:00 am.
Council Member Galbreath: �
➢ Youth Summer Jam at The Love Center located at 345 Jackson Road, Dunn, on Saturday, June
25" from 12:00 pm — 4:00 pm.
➢ Congratulated all area graduates of 2011.
Mayor Pro Tern Robinson:
➢ Congratulated all graduates of 2011.
➢ Thanked the City and members of the Council for the partnership that PAL did with the Harnett
County School System Success Academy with five graduates.
➢ Summer credit recovery will be held at the old Lillington High School and at the Dunn PAL
Center. Registration will be held on June 27
➢ Congratulated the General Lee Committee and especially Council Member Turnage for the fine
group of events held recently.
City Attorney Pope:
➢ The Council previously adopted new voting districts which were submitted to the US Department
of Justice for their consideration and approval and he has received a letter dated June 3`" from the
US Department of Justice that does not object to the newly proposed districts and will allow the
municipal elections to move forward this October, utilizing those new districts.
Manager Autry announced the reclassification of Planning and Marketing Director Steven Neuschafer to
Assistant City Manager effective July 1, 2011. His direct responsibilities will involve planning, building
inspections, library, parks and recreation, human resources, community development and special projects to
include overseeing the Downtown Revitalization Project and the PAL Complex.
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 8:10 p.m. Motion unanimously approved.
CITY O� ''.,
�E • Oscar N. Hams
OG
Mayor
OORP0 Z
Attest:
S EAL
Debra G. West
City Clerk
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