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12132011179 MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Regular Meeting on Tuesday, December 13, 2011, at 7:00 p.m. in the Dunn Municipal Building. Present was Mayor Oscar N. Harris, Mayor Pro -Tem Carnell Robinson, Council Members Buddy Maness, Bryan Galbreath, Billy Tart, Chuck Turnage and Joey Tart. Also present was City Manager.Ronnie Autry, Assistant City Manager Steven Neuschafer, Public Works Director Billy Addison, Public Utilities Director Dean Gaster, Finance Director Mark Stephens, Human Resources Director Anne Thompson, Planning Director Samantha Lloyd, Chief Building Inspector Mike Blackmon, Police Chief B.P. Jones, Recreation Director Perry Hudson, Librarian Mike Williams, City Engineer Michael Goliber, City Attorney P. Tilghman Pope, City Clerk Debra West, and Daily Record Reporter Brian Haney. Also present was Council Member -Elect Billy Barfield, Retired Court of Appeals Judge The Honorable K. Edward Greene, NC Senator Eric L. Mansfield, NC House of Representative David R. Lewis and 11'h Judicial District Court Judge The Honorable Charles Bullock. 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 ADJUSTMENT Motion by Mayor Pro Tern Robinson and seconded by Council Member Joey Tart to adopt the December 13, 2011 meeting agenda with changes, if any, as listed below. Items Added to theAgenda: • none Agenda Items Removed: • none 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 7:07 p.m. PUBLICHEARING Rezoning Request P2-03 -11 Archie Graham Jernigan PIN #1516 -84- 7508.000 302 S. Sampson Avenue Mayor Harris stated that the public has been notified that oral and written comments will be heard and received concerning the request by Archie Graham Jernigan to rezone a parcel of land, totaling .27 acres t, located at 302 S. Sampson Avenue. This property is currently zoned R -7; Single Family Dwelling District and is requested to be rezoned to C -3; Highway Commercial District. The public hearing was duly advertised on November 1&, 29b and December 6h, 2011. Mayor Harris asked if there was anyone present who wished to speak for or against this rezoning request Hearing no comments, Mayor Harris closed the public hearing at 7:08 p.m. CONSENT17EMS Minutes- Council considered approval of minutes of the November 8, 2011 Council meeting. Minutes - Council considered approval of minutes of the November 17, 2011 Special Call meeting. Budget Amendment - Council considered approval of budget amendment #5. A copy of BA #5 is incorporated into these minutes as Attachment #1. 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 (82011 -34) is incorporated into these minutes as Attachment #2. Bull Motion by Council Member Joey Tart and seconded by Mayor Pro Tern Robinson to approve all consent items. Motion unanimously approved. ITEMS FOR DECISION Rezoning Request PZ-03 -11 Archie Graham Jernigan PIN #1516 -84- 7508.000 302 S. Sampson Avenue Mayor Harris stated that this is a request to rezone a parcel of land, totaling .27t acres, located at 302 S. Sampson Avenue. This property is currently zoned R -7; Single Family Dwelling District and is requested / to be rezoned to C -3; Highway Commercial District. The Planning Board met on November 17, 2011, 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 voted unanimously to recommend approval of this request. Motion by Council Member Galbreath and seconded by Council Member Billy Tart to approve the request from Archie Graham Jernigan to rezone a parcel of land (PIN 91516 -84- 7508.000) totaling .27f acres and located at 302 S. Sampson Avenue from R -7; Single Family Dwelling District to C -3; Highway Commercial District based on the following justification: 1) The City of Dunn Land Use Plan identifies this area as commercial on the future land use map. This property is located in area three of the Land Use Plan. 2) The amendment is not inconsistent with the adjoining and surrounding land uses which are commercial. 3) The permitted uses in the C -3 District are not considered detrimental to the area and would be beneficial to the entire community. Motion unanimously approved. OUTGOING COUNCIL MEMBER REMARKS Mayor Harris stated that it has been wonderful working with this Council for the past four years. He thanked the Council for their dedication and commitment to service and for being so kind and gentle to him as they moderate the business of the City. Council Member Maness wished everyone a Merry Christmas and to remember the real meaning of what Christmas is all about. Mayor Pro Tern Robinson wished all the citizens a very happy and safe Christmas and Happy New Year. Council Member Galbreath wished everyone a Merry Christmas and Happy New Year and reminded them to remember the reason for the season and to help someone that may not be as fortunate. Council Member Billy Tart stated that he has enjoyed working with the Mayor and Council for the past four years and wished everyone a Merry Christmas and a blessed holiday. Council Member Chuck Tumage wished everyone a Merry Christmas and Happy New Year. Council Member Joey Tart thanked the Mayor, Council, City Manager, City Attorney and all the City employees that he has worked with over the past twelve years for their dedication; adding it has been a joy to work with them. He expressed appreciation to the department heads. The staff has always been professional and they make the Council shine. One thing about this Council that makes him so appreciative is their desire to do their very best for the citizens and they were never self - serving. He looks forward to what this Council will accomplish over the next four years. He wished everyone a Merry Christmas. Manager Autry expressed his appreciation to the Council, administrative staff and City employees for what they have done and expressed his appreciationto the great job Council Member Joey Tart has done over the past twelve years. Motion by Mayor Pro Tern Robinsoni and seconded by Council Member Tumage to recess the meeting at 7:17 pm. Motion unanimously approved. 181 ORGANIZATIONAL MEETING Mayor Harris reconvened the meeting at 7:25 p.m. Reverend Tim Rice, Pastor of Glad Tidings Church and President of the Dunn United Ministerial Association, gave the invocation. ADMINISTERING THE OATH OF OFFICE Mr. Brad Heath, Master of Ceremonies, called the following Council Members, Council Member -Elect and Mayor individually, along with their families to the podium to take their oath of office: Mayor Oscar N. Harris — Oath administered by Retired Court of Appeals Judge, The Honorable K. Edward Greene. A copy of this oath is incorporated into these minutes as attachment 93. Council Member E. Frank `Buddy" Maness, JII — Oath administered by Retired Court of Appeals Judge, The Honorable K. Edward Greene. A copy of this oath is incorporated into these minutes as attachment #4. Council Member N. Camell Robinson — Oath administered by Mayor Oscar N. Harris. A copy of this oath is incorporated into these minutes as attachment #5. Council Member Bryan S. Galbreath —Oath administered by N.C. Senator Eric L. Mansfield- District 21- Cumberland County. A copy of this oath is incorporatedinto these minutes as attachment #6. Council Member Billy N. Tart — Oath administered by Retired Court of Appeals Judge, The Honorable K. Edward Greene. A copy of this oath is incorporated into these minutes as attachment V. Council Member Charles W. "Chuck" Tumage — Oath administered by NC House of Representative David R. Lewis- District 53. A copy of this oath is incorporated into these minutes as attachment #8. Council Member William P. `Billy" Barfield— Oath administered by 11`h Judicial District Court Judge, The Honorable Charles Bullock A copy of this oath is incorporated into these minutes as attachment #9. Each Council Member took their respective seat after taking their oath of office and Mayor Harris presided. Mayor Harris called the meeting to order at 7.•51 p.m. Mayor Harris asked Manager Autry to take his position. PRESENTATIONS BY THE MAYOR Mayor Harris presented outgoing Council Member Joey Tart with his nameplate and a framed resolution that was read and presented at the November 8, 2011 Council meeting, in recognition of his twelve years of service as a member of the Dunn City Council. ITEMS FOR DECISION Election of Mayor Pro-Tem Motion by Council Member Galbreath and seconded by Council Member Maness to elect N. Camell Robinson as Mayor Pro -Tem. Motion unanimously approved. Consideration of Resolution Adopting the 2012 Regular Meeting Schedule for the City of Dunn City Council A resolution establishing the City Council meeting dates for 2012 was considered by the Council. Motion by Council Member Maness and seconded by Mayor Pro Tem Robinson to adopt a Resolution Establishing the 2012 Regular Meeting Schedule for the Dunn City Council with an amendment to change the February 14`h meeting to February 7`h. Motion unanimously approved. A copy ofResolution (82011 -35) Establishing the 2012 regular meeting schedule is incorporated into these minutes as Attachment #10. 182 ITEMS FOR DISCUSSION AND /OR DECISION Financial Report Finance Director Mark Stephens provided the following financial report for the period ending October 31, 2011: • As of October 31, 2011, the City had $1.4M in cash in the General Fund and $2.5M in the Water - Sewer Fund. In October of 2010 the City had $2.OM in the General Fund and $2.4M in the Water - Sewer Fund. • Investment earnings are in the .350/ .20% range. This is within the budgeted range. • Building permit fees were $14,362 or 17.95% of budget. Benchmark for this month is 33.33% of budget. • Water and sewer revenues were $1,623,526 or 37.32% of budget. Benchmark for this month is 33.33% of budget. • Average fuel cost for unleaded was $2.64 per gallon and diesel was $2.94 per gallon. The City budgeted $3.00 per gallon. • Sales tax distribution was $352,064 or 26.37% of budget. Benchmark for this month is 25.00% of budget. • Expenditures were 31.45% of budget in the General Fund and 29.33% of budget in the Water and Sewer fund. The benchmark for this period is 33.33% of budget. ADMINISTRATIVE REPORTS Motion by Council Member Tumage and seconded by Council Member Billy Tart to approve the reports as presented. Motion unanimously approved. ANNOUNCEMENTS The following announcements and/or comments were made. Manager Autry: ➢ City of Dunn offices will be closed on Monday, December 26th and Tuesday, December 27b for Christmas and Monday, January 2 °d for New Year's Day. ➢ The next regular City Council meeting is scheduled for Tuesday, January 10, 2012 at 7:00 pm. Mayor Pro Tern Carrell Robinson: ➢ Invited everyone to attend the Martin Luther King Jr. Parade on January 16, 2012 in Downtown Dunn. Council Member Galbreath: ➢ Invited everyone to the Annual NAACP Dr. Martin Luther King Jr. Breakfast set for January 16, 2012 at 8:00 am in the Dunn Community Building. Tickets are currently available to purchase. Guest speaker is NC Senator Dr. Eric L. Mansfield. COMMENTS -MAYOR HARRIS AND COUNCIL Mayor Hams thanked Judge Green, Judge Bullock, Senator Mansfield, Representative David Lewis and Reverend Tim Rice for taking part in tonight's meeting. Mayor Harris yielded to comments from the newly elected Council. Council Member Maness thanked the citizens for joining him and expressed his sincere appreciation to the residents of Ward 1 for the confidence they have placed in him and for allowing him the opportunity to serve them for another four years. He has much to be thankful for and he is honored by their presence tonight. He thanked his wife, family, church family and many volunteers that worked on his campaign. He looks forward to continuing to serve the residents of Ward I and all the citizens of Dunn. He remains excited about working with Mayor Harris and the rest of the City Council as they continue to build upon the progress of the past eight years. He will work hard to serve with honor, integrity and honesty. He will work hard to maintain a spirit of unity on the Council and to give what he has to offer to a community that means so much to him and his family. Mayor Pro -Tem Robinson thanked everyone for their support during his campaign, especially his wife. He feels blessed to be returning to this Council. He recognized and thanked some very good friends who campaigned for him during his recent illness. The last four years on this Council were very progressive. When bouncing back from his health problems, Council Member Galbreath volunteered to walk the streets with him and he will forever be thankful to him for that. He looks forward to serving with this Council over the next four years. Council Member Galbreath gave thanks to everyone most notably to the citizens of Ward 3, for their vote of confidence. He thanked his family, campaign manager and the entire team who has been with him since 2003. He thanked Mrs. Harris for keeping up with this Council with her picture perfect moments. He is 1 11, 183 available twenty -four hours a day and he looks forward to the next four years with this Council. He thanked Joey Tart for his service and stated that it has been his pleasure working with him for the past eight years. He congratulated Council Member Barfield and stated that he looks forward to working with him for the next four years. He congratulated and thanked all of his colleagues for a clean election. Council Member Billy Tart thanked his wife, and family for their support. He thanked everyone in Ward 4 for their confidence in him to serve another four years. He has enjoyed serving with Joey Tart and looks forward to serving with Council Member Billy Barfield. He thanked God for allowing them all to serve. Council Member Tumage stated that he hopes to maintain the momentum for the next four years. He thanked all the citizens of Ward 5 for their support. He expressed appreciation to Joey Tart and stated that he looks forward to working with Mr. Barfield. Council Member Billy Barfield thanked Joey Tart for his service to the City. He looks forward to working with this Council over the next four years. He reminded the Council that no one received 100% of the vote in their respective district so they all need to prove to the people of Dunn that they deserve to sit on this Council. He feels that all Council meetings should be videoed and played on the government channel. He thanked his family. He wished everyone a Merry Christmas. Mayor Harris stated that he appreciates the opportunity to serve with this Council and the confidence that the people have placed in him. He stated that this Council has many challenges and opportunities before them; some of which include the following: Complete the first phase of the Downtown Revitalization Project ➢ Complete the second phase of the Downtown Project ➢ Love's Travel Stop Project (I -95 Corridor Sewer System Improvements) ➢ Water line extension to Eastover Sanitary District ➢ Revitalization of the Police Athletic League (PAL) Campus to include the construction of thirty - seven senior housing apartments and establishing a non -profit to operate the PAL Program ➢ PARTF Grant for Tyler Park ➢ Continue to enforce the Rental Housing Code ➢ Continue to beautify the City, removing junk cars and dilapidated structures, edging the streets for appeal, straightening and replacing leaning signs that cannot be read ➢ Work closely with DACC, Dunn Tourism Authority, civic and service organizations, non -profit corporations and churches ➢ Goals to increase the City's economic base and to improve the livability of the people Work closely with NCDOT in the widening of I -95 ➢ Work with NCDOT on the Round -a -Bout at Ashe and Powell Avenue ➢ Mow vacant lots Mayor Harris stated that he looks forward to serving with this Council, the City Manager, City Attorney and all department heads. He wished everyone a very Merry Christmas and a healthy, safe and prosperous New Year. With no further business to discuss, a motion was made by Council Member Maness and seconded by Council Member Tumage to adjourn the meeting at 8:23 p.m. Motion unanimously approved. ` ���inuurr4 e CITYQ� .. O rORPO99 Z= Attest: ; p Fq L : Debra G. West City Clerk QouAl car N. Harris Mayor