03132012209
MINUTES
CITY OF DUNN
DUNN, NORTH CAROLINA
The City Council of the City of Dunn held a Regular Meeting on Tuesday, March 13, 2012, 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 Billy Barfield. 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, Chief Building Inspector
Mike Blackmon, 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.
INVOCATION
Mayor Harris opened the meeting at 7:00 p.m. and asked Reverend Tim Rice of Glad Tidings Church to
give the invocation. Afterwards, the Pledge of Allegiance was repeated.
AGENDA ADJUSTMENT AND APPROVAL
Motion by Mayor Pro Tem Robinson and seconded by Council Member Maness to adopt the March 13,
2012 meeting agenda with changes, if any, as listed below.
Items Added to the Agenda:
• Consideration of Memorandum of Understanding (MOU) between the City of Dunn and Love's
Travel Stop — I -95 Corridor Sewer System Improvements
• Authorization to Enter into a Contract to Purchase Real Estate from Delhaize America, LLC
formerly known as Food Lion
Agenda Items Removed:
• none
Motion unanimously approved.
PRESENTATIONS
Proclamation Presentation
Girl Scouts 100'h Anniversary
J Council Member Maness read a Proclamation to celebrate 100 years of Girl Scouting. A copy of
Proclamation (P2012 -03) celebrating 100 years of Girl Scouting is incorporated into these minutes as
Attachment #1.
Triton Hawks Basketball
NCHSAA East Regional
Runner -Up
Mayor Harris and Mayor Pro Tem Robinson presented a Proclamation to recognize the Triton High School
Hawks Varsity Basketball Team for their record breaking season and for finishing as Runner -Up in the
North Carolina High School Athletic Association East Regionals. Members of Triton administration,
coaching staff, team members, varsity cheerleading staff, cheerleaders and blue crew organizer and
members were present to accept this proclamation. A copy of Proclamation (P2012 -04) recognizing Triton
Hawks Basketball is incorporated into these minutes as Attachment #2.
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 7:18 p.m.
PUBLICHEARINGS
2" Public Hearing
Proposal to Apply to NCDCI for
Catalyst Funds -
Renovation of
Harnett Training School Campus
Mayor Harris stated that the public has been notified that the City Council will bold a public hearing for the
purpose of receiving citizen input into the proposal to apply to the North Carolina Department of
Commerce Community Investment and Assistance (NCDCI) for Catalyst Funds in the amount of $500,000
to aid in the overall development budget of $9,564,657 for the renovation of the Harnett Training School
Campus.
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He added that the North Carolina Catalyst Program provides a non - entitlement municipality or county the
opportunity to tailor a project to meet the community development needs specific and most critical to their
locality, primarily for their low- and moderate - income residents.
The public hearing was duly advertised on February 28, 2012.
Mayor Harris asked if there was anyone present who wished to speak for or against this proposal.
Hearing no comments, Mayor Harris closed the public hearing at 7:19 p.m.
CONSENTITEMS
Minutes — Council considered approval of minutes of the February 7, 2012 City Council meeting.
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 (R2012 -06) is
incorporated into these minutes as Attachment #3.
Destruction of Municipal Records — Council considered approving the destruction of Administration
Department records which have exceeded the required retention time pursuant to the Municipal Disposition
Schedule. A list of those records that have exceeded the required retention schedule and approved for
destruction is incorporated into these minutes as Attachment #4.
Motion by Council Member Galbreath and seconded by Council Member Tumage to approve all consent
items. Motion unanimously approved.
ITEMS FOR DECISION
Consideration of Ordinance to
Repair or Demolish Dwelling -
403 N. King Avenue
Apts. 1,2,3,4 & 5
PIN #1516 -68- 2806.000
PARCEL #02151607170012
Chief Building Inspector Mike Blackmon has conducted an inspection at 403 N. King Avenue and found
the structure in a deteriorated condition that does not meet the requirements of the City of Dunn Minimum
Housing Code (MHC). The Chief Building Inspector also found the property dangerous or prejudicial to
the public health or public safety and is a nuisance in violation of N.C.G.S. §160A-193.
The owner of the property has failed to comply with the Chief Building Inspector's order to bring the
structure on the property into compliance with the City of Dunn MHC and pursuant to N.C.G.S. §160A-
443, the City Council has the authority to direct the Chief Building Inspector to post on the main entrance
of the property a placard that states "This building is unfit for human habitation; the use or occupation of
this building for human habitation is prohibited and unlawful'.
The owner of the property has not repaired, altered or improved the property to bring it into compliance
with Section 4 -31 of the Dunn City Code within the (12) months of the adoption of the ordinance on
February 8, 2011. The Building Inspector is bringing the matter back before the City Council for further
consideration of remedies available to the City of Dunn under N.C.G.S. § 160A -443.
Chief Inspector Blackmon stated that approximately thirteen months ago, his department received a
complaint about the condition of this house from the police department. A minimum housing inspection
was completed and the property owner was given 90 days to make corrections; however, the property
owner advised that he was going to evict everyone out of the house because he did not intend to repair the
house. At one time, the property owner agreed to have Dunn Emergency Services bum the structure for
training purposes until it was discovered that the house contained asbestos.
Mr. Blackmon stated that if the Council approves this demolition, then the Public Works Department will
demolish the structure, take it to the landfill and assess the property owner the necessary fee.
Motion by Mayor Pro Tom Robinson and seconded by Council Member Billy Tart to adopt the Ordinance
Directing the Owner of the Property located at 403 N. King Avenue (PIN #1516 -68- 2806.000) to Make the
Dwelling Fit for Human Habitation or Directing the Building Inspector to Demolish and Remove the
Dwelling pursuant to N.C.G.S. §160A -441, ET SEQ. Motion unanimously approved. A copy of
Ordinance (02012 -04) Directing the owner of 403 N. King Avenue to Make the Dwelling Fit for Human
Habitation or Directing the Building Inspector to Demolish and Remove the Dwelling is incorporated into
these minutes as Attachment #5.
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Consideration of Ordinance to
Repair or Demolish Dwelling —
400 S. Magnolia Avenue
PIN #1516 -65- 3779.000
PARCEL #02151611180001
(Tabled at 2 -7 -12 CCMtg.)
Motion by Mayor Pro Tem. Robinson and seconded by Council Member Galbreath to table this Ordinance
until the April 10, 2012 meeting and to continue to receive progress reports from the Building Inspector.
Mayor Pro Tern Robinson thanked Inspector Blackmon for his close monitoring of this project. Mr.
- -. Blackmon stated that Mrs. Benton is present tonight and renovations are being made above and beyond the
requirement.
\ Mr. Blackmon provided the Council with a list detailing all work performed at this property since the
February Council meeting and reported that renovations are continuing to move forward.
Motion unanimously approved.
Consideration of Authorizing Resolution to
File an Application and Accept Rural Center Grant for
I -95 Corridor Sewer System Improvements —
Love's Travel Stop
Manager Autry reminded the Council that this issue was discussed at the recent budget retreat and stated
that this resolution would authorize the Mayor to file an application and accept a grant on behalf of the City
of Dunn with the Rural Center Economic Infrastructure Grants Program to assist in the construction of
4,044 l.f. of 8 -inch gravity line, 12,900 11 of 6 -inch force main and a pump station to Love's Travel Stop
located off Interstate 95 on Hodges Chapel Road.
Love's septic system is no longer functioning properly. Harnett County has issued a Notice of Violation
and has agreed to allow Love's two (2) years to design and install a sewer line connecting to the existing
sewer system operated by the City of Dunn. Upon completion of this project, Love's will create seven (7)
new jobs.
This is a $70,000 non - matching grant.
Motion by Council Member Maness and seconded by Council Member Barfield to approve the Resolution
Authorizing the Mayor to file an application and accept a grant on behalf of the City of Dunn with the
j Rural Center Economic Infrastructure Grants Program for I -95 Corridor Sewer System Improvements —
�✓ Love's Travel Stop. Motion unanimously approved. A copy ofthis Authorizing Resolution (R2012 -07) is
incorporated into these minutes as Attachment #6.
Motion by Mayor Pro Tern Robinson and seconded by Council Member Billy Tart to adopt the
Performance Agreement between the City of Dunn and Love's Travel Stop. Motion unanimously
approved. A copy ofthe Performance Agreement is incorporated into these minutes as Attachment #7.
Consideration of Memorandum of Understanding (MOU)
between the City of Dunn and Love's Travel Stop —
I -95 Corridor Sewer System Improvements
Mayor Harris explained that the Council is being asked to authorize the MOU between the City of Dunn
and Love's Travel Stop whereby the City of Dunn will allow Love's Travel Stop to connect to a Sanitary
Sewer System projected to be constructed in 2012 -2013 and owned by the City of Dunn in consideration of
Love's contributing $1M toward an estimated project cost of $1.5M.
Love's present septic system is insufficient. Harnett County granted Love's an extension to bring their
system into compliance. Love's requested this service from the City of Dunn and upon evaluating the
long -term benefit to the City of Dunn, the City pursued this project.
Total project budget $1,550,000
Project Funding Sources:
Love's Travel Stop $1,000,000
Rural Center Grant $ 70,000
City of Dunn $480,000 (Enterprise Fund)
Motion by Council Member Galbreath and seconded by Council Member Turnage to authorize the MOU
between the City of Dunn and Love's Travel Stop. Motion unanimously approved. A copy of the MOU
between the City of Dunn and Love's Travel Stop is incorporated into these minutes as Attachment #8.
212
Consideration to Accept
( PARTF) Parks and Recreation
Trust Fund Grant for
Tyler Park Enhancement Project
Mayor Harris explained that the Council is being asked to accept the award of $500,000 from the State of
North Carolina Parks and Recreation Trust Fund. This project money has been awarded for Tyler Park
Enhancements. The project period is from January 1, 2012 to December 31, 2014.
This project will include a Garden, Three (3) Ball Fields, Miracle Field, Shuffleboard Court, Tot Lot,
Picnic Shelter, Splash Pad and resurfaced Tennis Courts. "
Total project cost is $2,250,000. The Local Government match of $1,750,000 will be obtained by a
combination of City funds and pledges for naming rights.
Manager Autry stated that as discussed during the budget retreat, this project will be constructed in two
separate phases. Phase I is projected to begin in August, 2012 and Phase II will begin in July, 2014.
Pledges will off -set the cost to construct this project.
It was discussed that Recreation Director Hudson give a presentation at the April Council meeting to
explain the pledge process and set the naming rights amounts subject to approval of the City Council.
Pledges /naming rights will be used to fund a portion of this project.
Motion by Council Member Billy Tart and seconded by Council Member Maness to accept the PARTF
Grant in the amount of $500,000 for Tyler Park Enhancements. Motion unanimously approved. A copy
of the PARTF Contract is incorporated into these minutes as Attachment #9.
Resolution of Intent to
Permanently Close a Public Alley between
S. Railroad Avenue and S. Fayetteville Avenue
running from W. Pope Street and W. Bay Street
Manager Autry explained that the adjoining property owners have submitted a petition requesting that the
alley between S. Railroad Ave. and S. Fayetteville Ave. running from W. Pope St. and W. Bay St. be
closed permanently.
Planning Director Lloyd explained to the Council, the location of the alley closure request.
Motion by Council Member Maness and seconded by Council Member Tumage to adopt the Resolution of
Intent and call for a public hearing to be held at the April 10, 2012 Council meeting for the purpose of
permanently closing the alley between S. Railroad Ave. and S. Fayetteville Ave. running from W. Pope St.
and W. Bay St. Motion unanimously approved. A copy ofResolution (R2012 -08) stating the Intent to
close a public alley is incorporated into these minutes as Attachment #10.
Temporary Blocking of Street
North Park Avenue between
Granville and Cole Street
This is a formal request from Billie Hurley to close N. Park Avenue between Granville and Cole Streets on
Saturday, May 5, 2012 from 8:00 am until 2:00 pm for the purpose of a wedding ceremony.
Motion by Council Member Tumage and seconded by Council Member Barfield to approve the temporary
blocking of street as requested by Billie Hurley. Motion unanimously approved.
Consideration of Municipal Agreement between
NCDOT and the City of Dunn to Construct a
Round -a -bout at the Intersection of
Powell Avenue and Ashe Avenue
Manager Autry explained that this issue was discussed at the recent budget retreat. He added that the
Council is being asked to authorize the Municipal Agreement between NCDOT and the City of Dunn to
construct a Round -a -bout at the intersection of Powell Avenue and Ashe Avenue.
NCDOT shall construct this project and the City of Dunn shall submit a payment not to exceed $100,000 to
NCDOT toward the total projected cost of $875,000. 7
Mayor Harris explained that this is a safety project recommended by NCDOT
Motion by Mayor Pro Tem Robinson and seconded by Council Member Tumage to accept and authorize
the Municipal Agreement and allocate funds not to exceed $100,000 toward the cost of the round -a -bout.
Council Member Barfield stated that he is against the round - about; this is located in his district and most all
of the citizens he has spoken with are against it.
Motion carried 5 -1 with Council Member Barfield voting against. A copy of the Municipal Agreement
to Construct a Round -a -bout at the Intersection of Powell Ave. and Ashe Ave. is incorporated into these
minutes as Attachment #11.
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Consideration of Municipal Agreement between
NCDOT and the City of Dunn for Improvements on
Dunn -Erwin Road at Powell Avenue
Manager Autry explained that the Council is being asked to authorize the Municipal Agreement between
NCDOT and the City of Dunn for improvements on Dunn -Erwin Road at Powell Avenue. These
improvements will include changing the lane marking pattern from four (4) lanes to an offset left turn lane
and one through lane in each direction, resurfacing to improve marking visibility, the addition of a signal
head for the left turn lane and relocation of the through heads.
NCDOT shall construct this project and the City of Dunn shall submit a payment not to exceed $20,000 to
NCDOT to participate in the construction of this project.
Manager Autry reminded the Council that the City of Dunn is responsible for the maintenance of Erwin
Road from Powell Avenue to Cumberland and this resurfacing and light is a major upgrade for the City of
Dunn.
Motion by Council Member Billy Tart and seconded by Council Member Barfield to accept and authorize
the Municipal Agreement and allocate funds not to exceed $20,000 toward the cost of improvements on
Dunn -Erwin Road at Powell Avenue. Motion unanimously approved. A copy of the Municipal
Agreement for Improvements on Dunn -Erwin Road at Powell Avenue is incorporated into these minutes as
Attachment #12.
Authorization to Enter into a Contract to
Purchase Real Estate from Delhaize America, LLC
formerly known as Food Lion
Mayor Harris stated that the Council is being asked to authorize the purchase of approximately one (1) acre
of property located on Arrowhead Road at Food Lion Access Drive from Delhaize America, LLC formerly
known as Food Lion for a purchase price of $10,000.
This acre parcel is a portion of the land described in a deed from E.C. Edgerton, Jr. and wife, Norma T.
Edgerton to Delhaize America, Inc. dated February 27, 2007 and recorded in the Hamett County Register
of Deeds at Book 2346, Page 132.
The City of Dunn proposes to construct an elevated water tank on this property
The purchase price of $10,000 was included in the Highway 301 Pipeline Extension for Eastover Sanitary
District/Elevated Water Tank Capital Project Ordinance which was adopted at the November 8, 2011 City
Council meeting.
Motion by Council Member Maness and seconded by Council Member Galbreath to authorize the contract
to purchase approximately one (1) acre of property on Arrowhead Road from Delhaize America, LLC
formerly known as Food Lion. Motion unanimously approved.
ITEMS FOR DISCUSSION
AND /OR DECISION
Financial Report
Finance Director Mark Stephens provided the following financial report for the period ending January 31,
2012:
• As of January 31, 2012, the City had $3.6M in cash in the General Fund and $2.6M in the Water -
Sewer Fund. In January of 2011 the City had $3.6M in the General Fund and $2.6M in the Water-
ADMINISTRATIVE REPORTS
Motion by Mayor Pro Tern Robinson and seconded by Council Member Galbreath to approve the
Administrative Reports. Motion unanimously approved.
ANNOUNCEMENTS
Sewer Fund.
•
Investment earnings are in the .35 % -.20% range. This is within the budgeted range.
•
Building permit fees were $23,349 or 29.19% of budget. Benchmark for this month is 58.33% of
budget.
•
Water and sewer revenues were $2.6M or 61.03% of budget. Benchmark for this month is
58.33% of budget.
•
Average fuel cost in January for unleaded was $2.78 per gallon and diesel was $3.23 per gallon.
The City budgeted $3.00 per gallon.
•
Sales tax distribution was $660,679 or 49.49% of budget. Benchmark for this month is 50.00% of
budget.
•
Expenditures were 54.54% of budget in the General Fund and 51.41% of budget in the Water and
Sewer fund. The benchmark for this period is 58.33% of budget.
Motion
by Mayor Pro Tom Robinson and seconded by Council Member Galbreath to accept the Financial
Report.
Motion unanimously approved.
ADMINISTRATIVE REPORTS
Motion by Mayor Pro Tern Robinson and seconded by Council Member Galbreath to approve the
Administrative Reports. Motion unanimously approved.
ANNOUNCEMENTS
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The following announcements and/or comments were made.
Mayor Hams:
➢ City of Dunn offices will be closed on Friday, April 6, 2012 in observance of Good Friday.
➢ The next regular City Council meeting is scheduled for Tuesday, April 10, 2012 at 7:00 pm.
Council Member Barfield:
➢ Would like to receive information related to additional agenda items prior to the Council meeting.
Council Member Galbreath:
➢ He along with Mayor Pro Tom Robinson will hold an informational meeting for the citizens and
business owners of Wards 2 and 3 on Tuesday, April 24h from 6:30 - 8 pm in the PAL cafeteria.
With no further business to discuss, a motion was made by Council Member Barfield and seconded by
Council Member Galbreath to adjourn the meeting at 8:00 p.m. Motion unanimously approved.
CITY
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Debra G. West
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