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06192012229 MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Regular Meeting on Tuesday, June 19, 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, 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, Planning Director Samantha Wullenwaber, Recreation Director Perry Hudson, Police Chief B.P. Jones, Librarian Mike Williams, Administrative Support Specialist Melissa Dudley, City Attorney P. Tilghman Pope, City Clerk Debra West and Daily Record Reporter Brian Haney. Absent: Council Member Billy Tart. INVOCATION Mayor Harris opened the meeting at 7:00 p.m. and asked Council Member Maness to give the invocation. Afterwards, the Pledge of Allegiance was repeated. AGENDA ADJUSTMENT AND APPROVAL Motion by Mayor Pro Tern Robinson and seconded by Council Member Maness to adopt the June 19, 2012 meeting agenda with changes, if any, as listed below. Items Added to the Agenda: • none Agenda Items Removed: • none Motion unanimously approved. Proclamation Presentation Delhaize America and Food Lion ' Mayor Harris and Mayor Pro Tem Robinson presented a Proclamation to Food Lion Distribution Center Manager Priscilla Webb in recognition of Food Lion rebuilding and expanding their Distribution Center after the facility suffered severe damages from a tornado on April 16, 2011. A copy of Proclamation (P2012 -15) recognizing Delhaize America and Food Lion is incorporated into these minutes as Attachment #1. 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, 2011. PUBLIC COMMENT PERIOD Mayor Harris opened the floor for a (30) minute public comment period. Hearing no comments, the public comment period was closed. PUBLIC HEARINGS Fiscal Year 2012 -2013 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 2012- 2013 budget. The Public Hearing was duly advertised on May 29, 2012 and June 4, 2012. Mayor Harris asked if there was anyone present who wished to speak for or against the proposed of the FY 2012 -2013 budget. Mr. Bob Cooper - C & C Internet Sweepstakes — 320 S. Powell Avenue, Dunn — He spoke against the proposed privilege license increase for gaming operations. He stated that he just received notice that the City intends to raise his business license to $1,000 and each machine to $1,000. He reminded the Council that this is his money and he would appreciate it if the City would collect their money from elsewhere. 230 He's been in business for three years, has three employees and he's in the middle of a lease. $2600 to $36,000 is a huge fee increase for him. He asked the Council for their consideration before imposing this increase. Ms. Doris Gribble — manager of the Trading Post —1004 W. Cumberland Street - Wayne Avenue Shopping Center. She questioned if the internet license increase is a moral issue or a revenue issue. She asked why the Council wants this increase; are they trying to run them out of business. She stated that the unemployment rate is 10.3% in the County and she has approximately twenty employees. Most of her customers are age forty and above, most customers use this venue for socialization and the police department has never been called to her establishment. This is such short notice to receive this huge fee increase. She pointed out that hair salons are not charged by the booth yet her business is being charged by computer. She asked that the Council take her comments into consideration before imposing this increase. Conditional Use Permit CU -01 -12 Primary Health Choice PIN. #1516 -48- 6735.000 108 N. Orange Avenue Mayor Harris stated that this is a request for a Conditional Use Permit [Zoning Ordinance Article IX Section 22-461 (9) (g)] from Primary Health Choice. The conditional use will allow the operation of a psychosocial rehabilitation program. This request is to allow the operation of a psychosocial rehabilitation center at 108 N. Orange Avenue. The property is currently being used for a counseling center. This Public Hearing is an opportunity for the Council to hear sworn testimony and receive specific evidence from the public to include any party for or against the request. During the deliberation for decision, questions may only be asked to clarify previous testimony. The public hearing was duly advertised on May 15, 29 and June 5, 12, 2012 Mayor Harris yielded to City Attorney Pope. City Attorney Pope introduced CU O1 -12 a request by Primary Health Choice fora Conditional Use Permit to allow for the operation of a psychosocial rehabilitation program. The hearing on this matter is judicial in nature and will be conducted in accordance with special due process safeguards. Attorney Pope asked that all persons who wish to testify in this case, approach the podium to be sworn or give their affirmation. Swearing -In: City Attorney Pope administered oaths to: Applicant, Mr. Vie Oxendine, on behalf of Primary Health Choice Planning Director Samantha Wullenwaber Explanation of Proceeding Attorney Pope explained that testimony will first be given by City Planner Samantha Wullenwaber and then from the applicant and their witnesses, and then from opponents to the request. Parties may cross - examine witnesses after the witness testifies when questions are called for. If you want the Council to see written evidence, such as reports, maps, or exhibits, the witness who is familiar with the evidence should ask that it be introduced during or at the end of his or her testimony. Reports from persons who are not present to testify will not be accepted. Attorneys who speak should not give factual testimony but may summarize their client's case. Before beginning your testimony, please clearly identify yourself for the record. City Attorney Pope opened the hearing on Case #CU 01 -12 Conditional Use Permit Application and asked for testimony from City Planner Samantha Wullenwaber. Testimony from the Planner Mrs. Wullenwaber stated that the applicant, Primary Health Choice, currently operates a counseling facility at 108 N. Orange Avenue. This property is currently zoned 0 & I; Office & Institutional District, lot size is approximately .25 acre, and the building is approximately 1800 sq. ft. There is adequate parking with a handicap space included. All surrounding properties are zoned office and institutional. Planner Wullenwaber asked that the documents contained behind tab #14 in the City Council packet which includes the conditional use application, Planning Department staff report, statement of justification from the applicant and a map of the property be entered as evidence. (A copy of these documents entered as evidence for Case #CU 01 -12 Conditional Use Permit is incorporated into these minutes as Attachment 92). At the end of the City Planner's testimony, Attorney Pope asked if there were any questions of the City Planner from the Council. None were heard Attorney Pope asked if there were questions of the City Planner from any opponent /proponent. None were heard. Attorney Pope asked for testimony from the Applicant/Proponents Mr. Vie Oxendine, Director of Marketing and Public Relations for Primary Health Choice, stated that this business has operated in Dunn for approximately one year. The majority of their business is mental and behavior health. They want to use this conditional use permit to work with individuals with moderate to 231 severe mental illness. Their sister company, A Primary Choice, is located on W. Broad Street and cares for adults and children. The psychosocial rehabilitation program will work with adults 18 and older depending upon funding. This program is directed under the supervision of a psychiatrist or amedical doctor. This is a day program (8 am -5 pm) with transportation provided to and from the facility. This program will help to develop Iife skills with individualized goals. He asked the Council for a favorable recommendation. Attorney Pope asked the Council if they had any questions of the applicant/proponents. Mayor Harris asked Mr. Oxendine if patients will reside at this location. Mr. Oxendine responded no, this program will operate from 8am until 5pm Monday through Friday, no week -ends. These patients are not institutionalized; most of them stay at home with a guardian. Mayor Harris asked Mr. Oxendine if there would be any changes to the requested conditional use. Mr. Oxendine responded only if the state changes the definition. Council Member Barfield asked Mr. Oxendine if this program will treat substance abuse. Mr. Oxendine responded yes. Council Member Barfield asked Mr. Oxendine if this program will operate on Saturday. Mr. Oxendine responded no. Mayor Harris asked Mr. Oxendine if there will be any changes, except for definition of the services that are currently being provided. Mr. Oxendine responded only if the state changes the definition. City Attorney Pope entertained questions from other parties for the applicant /proponents. None were heard. Testimony from Opponents No one spoke in opposition of the request. Attorney Pope entertained further questions from the City Council members for the applicant, proponents, opponents, orfor the planner or other sworn persons. He explained that once the public hearing is closed, the only questions that the Council may pose to the applicant, proponents or opponents shall be for clarfeation. No new evidence can be introduced after closing the public hearing. Any additional conditions that the Council wishes to consider to place upon the use of the land by the applicant, must ask the applicant if he/she will voluntarily place the condition upon his/her property at this time. With no further testimony, a motion was made by Mayor Pro Tern Robinson and seconded by Council Member Barfield to close the public hearing for CU -01 -12 at 7:36 p.m. Motion unanimously approved. Ordinance Amendment OA -03 -12 Chapter 22; Article IV (Off - premise Sign Ordinance added to C -1 Central Commercial District) Mayor Harris stated that this is a request to hereby amend Chapter 22, Zoning Ordinance, of the City of Dunn Code of Ordinances; Article IV. He added that this amendment will create an off- premise sign ordinance in the C -1 Central Commercial District. The public hearing was duly advertised on May 15, 29 and June 5, 12, 2012. Mayor Harris asked if there was anyone present who wished to speak for or against Ordinance Amendment OA- 03 -12. Hearing no comments, Mayor Harris closed the public hearings at 7:37 pm. Minutes — Council considered approval of minutes of the May 8, 2012 City Council meeting. Minutes — Council considered approval of minutes of the May 15, 2012 Special Call/Budget Work Session. Budget Amendments - Council considered approval of Budget Amendments #10, 911, and #12. A copy of BA #10 - #12 is incorporated into these minutes as Attachment #3. 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 -13) is incorporated into these minutes as Attachment 94. DOT Municipal Agreement — Council considered approval of a DOT Municipal Agreement allowing the Department of Transportation to perform bridge inspections in the City of Dunn. A copy of the Municipal Agreement allowing DOT to perform bridge inspections in the City of Dunn is incorporated into these minutes as Attachment #5. 232 Motion by Council Member Galbreath and seconded by Council Member Turnage to approve all consent items. Motion unanimously approved. Mayor Harris requested that Finance Director Mark Stephens present the Financial Report prior to considering the FY2012 -13 Budget ITEMS FOR DISCUSSION AND /OR DECISION Financial Report Finance Director Mark Stephens provided the following financial report for the period ending April 30, 2012: • As of April 30, 2012, the City had $3M in cash in the General Fund and $2.4M in the Water - Sewer Fund. In April of 2011 the City had $3M in the General Fund and $2.6M in the Water - Sewer Fund. • Investment earnings are in the .15 % -.08% range. • Building permit fees were $34,478 or 43.09% of budget. Benchmark for this month is 83.33% of budget. • Water and sewer revenues were $3.6M or 83.80% of budget. Benchmark for this month is 83.33 % of budget. • Average fuel cost in April for unleaded was $3.16 per gallon and diesel was $3.38 per gallon. The City budgeted $3.00 per gallon. • Sales tax distribution was $1,005,751 or 75.34% of budget. Benchmark for this month is 75.00% of budget. • Expenditures were 79.05% of budget in the General Fund and 79.37% of budget in the Water and Sewer fund. The benchmark for this period is 83.33% of budget. Mayor Harris asked Director Stephens if he can project a surplus for June 30, 2012. Mr. Stephens responded that although sales tax distribution increased, the franchise tax and building permit revenues decreased. He does not anticipate an increase in the General Fund Balance. Mr. Stephens stated that with the number of on -going water fund projects, the cash balances may be down due to waiting for reimbursement payments for each project. ITEMS FOR DECISION Adoption of Fiscal Year 2012 -2013 Budget Mayor Harris pointed out that the Budget Retreat was held earlier in the year, and a budget work session was held in May. He thanked the Council and department heads for their efforts in producing this budget. He added that the FY 12 -13 budget is very comparable to the FY 11 -12 budget. Manager Autry stated that approximately 95% of the line items in the proposed FY 12 -13 budget are the same as in the current FY 11 -12 budget. Manager Autry presented the following summary highlights of the FY 12 -13 budget: TOTAL BUDGET: $14,065,000.00 General Fund: $ 9,065,000.00 Water Fund: $ 5,000,000.00 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 with a slight increase than this year's budget. A 2% increase in sales tax has been proposed which is less than the three (3 %) recommended by the NCLM. A Fund balance has not been appropriated to balance this budget. • An increase of $2.00 per month for garbage fees due to fuel and CPI increases. CPI has increased for the last four years without a garbage increase. • Privilege license fees for Electronic Gaming Operations are proposed as $1,000 for basic license plus an additional $1,000 per machine. REVENUES: WATER • Proposed out -of -town sewer rates to increase from $3.16 per 1,000 gallons to $6.23 per 1,000 gallons. • Fund balance was not required to balance the budget. • Revenues from the Eastover Sanitary District have been appropriated. EXPENDITURES: GENERAL • General Fund operating budget is comparable to FY 11 -12 budget with the exception of a significant increase to various departments' fuel line items. • Retirement contribution for state retirement decreased to 6.74% from 7 %. • All debt service requirements have been appropriated in this budget to meet our debt obligation. 233 • Health insurance cost remained the same. • Capital items consist of $125,000 for police cars, $6,000 for cemetery mower, $140,000 for N. Clinton sidewalk project and $15,000 for roof replacement on the picnic shelter and restrooms at Codrington Park. • Contingency of $50,000 was budgeted for shortfalls of fuel costs or emergencies. • Line items have been adjusted to redistribute funds that were designated for the initiation of the yard debris cart. Yard debris carts will not be initiated. A revision was sent out to the Council to remove the monies from this line item (contract services) and redistribute the money to fuel cost, tipping fees and salary line items. • 3.5% COLA increase for employees. EXPENDITURES: WATER • Capital items consist of $125,000 for backhoe, pumps and tapping equipment, $28,000 for installation of valves on the finish pump at the water plant, $36,200 for relocation of generator and shelter over the chlorine container at the wastewater plant and $16,000 to rebuild pumps at the Food Lion Lift . Station. • All debt service requirements have been obligated in the FY 2012 -13 budget to meet debt responsibilities, which included a new debt of $395,000 for the Eastover Water Line Project. • $10,000.00 has been placed in a contingency line item for shortfalls in fuel cost. • Retirement contribution appropriated for as explained above. • Health insurance cost remained the same. • 3.5% COLA increase for employees. Council Member Barfield provided the garbage rates for other municipalities in Harnett County and commented they all are less than the rate being proposed in this budget. Manager Autry responded that like size towns which provide the same services as the City of Dunn charge rates that are comparable to Dunn. He added that to compare Dunn's garbage rates to other Harnett County towns is not comparable. The City of Dunn provides additional services by providing additional trucks and personnel five days a week to pick up leaves, limbs, yard debris, etc. and the City of Dunn cannot continue to provide these services without an increase. It was noted that the garbage rates have not been increased for four years. Motion by Mayor Pro Tem Robinson and seconded by Council Member Galbreath to adopt the Fiscal Year 2012 -2013 Budget with the following modifications: remove the $2.00 garbage fee increase and increase the tax rate by .02 cents. Mayor Harris entertained discussion Mayor Pro Tem Robinson stated that he offered this motion because during the budget work session, he requested they come up with an equitable budget. The proposed budget is not equitable or just and to use the word fee is still a tax. He stated that he has asked the citizens through -out town if they would want to discontinue the service or would they be willing to pay for the service and he has not had anyone tell him to discontinue that service. He reminded the Council that most of the people in this town are growing older. Debates have been held about people who use commercial yard people; those people pay property taxes yet he cannot afford to pay someone to do his yard -work. The citizens do not want another trash can in front of their house. To take the garbage rate to $17.50 does not make sense. They are using two trucks that should last another few years. If the people want the service, it seems only reasonable that they find a way to pay for the service and the people he has talked with are willing to pay for it. If they continue at this point, they have a few years of repairs to these trucks. By increasing the tax rate, they have an opportunity to build the reserve to keep this service. If the budget remains the way it is, he cannot vote for it on principle. It is not fair to expect the little old lady living on social security to pay the same thing for a basic service that our wealthiest citizens pay. He cannot run his household on what it ran on in 1968; nobody can and nobody should expect them to ran this City without adequate funding. Mayor Harris explained that with this proposed motion, they will be deleting $81,000 in income, adding $152,000 in income which will be an additional $71,000 to the budget. He asked Mayor Pro Tem Robinson if he wished for this additional $71,000 to be placed in the contingency fund. Mr. Robinson responded yes and would make that part of his motion. Council Member Maness stated that he would be opposed to a tax increase primarily because he doesn't think they should be raising taxes in this economy. He realized it would raise revenues but he is hopeful that the economy will improve with the recent sales tax increase. It is not fair to the rest of the citizens to absorb a .02 cents increase in their property taxes; adding that it is more equitable that everyone pay the same price for garbage pick -up. Mayor Pro Tem Robinson stated that his house is average for his district and with a .02 cent tax increase, it would cost him approximately $40.00. He added that the City doesn't have any business with a $15.00 garbage fee either, if somebody had been responsible years ago. He stated that this is a basic service and they cannot operate the City with trash beside the street and charging him and the Mayor the same thing for service is not fair. Mayor Pro Tem Robinson called for the question. Council Member Barfield stated that he does not want a garbage fee increase or a tax increase. If gas is too high then they need to operate the truck on a schedule and not make unnecessary trips across town; they need to economize. 234 Mayor Harris asked Mayor Pro Tem Robinson if he will listen to an alternative. Mayor Pro Tom Robinson responded yes. Mayor Harris suggested they delete the $2.00 garbage rate increase as suggested by Mayor Pro Tem Robinson, delete the $50,000 contingency and appropriate an additional $31,000 from the water and sewer fund to balance the budget and keep the tax rate the same. Mayor Pro Tem Robinson responded no and called for the question. Motion failed. Ayes: Robinson and Galbreath Nays: Maness, Turnage and Barfield Mayor Harris entertained a motion to adopt the budget as presented. Mayor Pro Tem Robinson asked Manager Autry how much does the 3.5% COLA cost. Finance Director Stephens responded $144,000 from the General Fund. Mr. Robinson stated that they will need this $144,000 next year which equates to a .02 cent increase on the tax rate. A motion was made by Council Member Barfield to delete the $2.00 garbage rate increase and use the $50,000 contingency and $31,000 from the water /sewer fund to balance the general fund balance. Motion died for lack of second. Council Member Maness offered a compromise and suggested that the garbage rate increase $1.00 as opposed to $2.00. He added that there has not been a garbage rate increase in the last four years, yet tipping fees continue to increase and if they do not plan for this, the funding will have to come from somewhere. He is not in favor of removing their contingency fund which is equivalent to not having insurance. Manager Autry reminded the Council that should some of the sweepstakes businesses decide to close because of the increased privilege license fee; then this projected revenue would greatly affect the contingency fund. Council Member Maness suggested that the sweepstakes businesses be allowed to pay their privilege license fees in payments and not one lump sum in order for these businesses to absorb this significant increase for Fiscal Year 2012 -13. Discussion was held about whether the City could allow this. Mayor Harris entertained a motion to table the budget and come back for a special call meeting to adopt the budget. Motion by Council Member Galbreath and seconded by Mayor Pro Tem Robinson to table the FY 12 -13 budget. Mayor Pro Tem Robinson stated that this budget needs more thought so they do not have to balance this budget on the backs of poor people. Council Member Maness responded that they've had this budget before them for a long time and there is no reason that they can't make an informed decision and move the business of the City and have it done in a timely fashion. Council Member Maness and Turnage stated that they would like to vote on this budget tonight. Mayor Harris stated that there was a consensus on the budget during the work session and the City Manager prepared it according to the instructions he was given by the Council. Mayor Harris added that the way to pass the budget tonight would be to eliminate the $2.00 garbage fee increase, eliminate the $50,000 contingency and transfer $31,000 from the water /sewer fund to the General fund. Motion to table failed. Ayes: Galbreath, Robinson Nays: Maness, Turnage and Barfield Motion by Council Member Turnage and seconded by Council Member Maness to adopt the FY 12 -13 budget as presented. Motion failed. Aye's: Turnage, Maness Nays: Galbreath, Robinson and Barfield Motion by Council Member Maness and seconded by Council Member Turnage to adjust the garbage rate increase from $2.00 to $1.00 and to transfer any needed balance from the water and sewer fund to the General Fund to balance the budget and keep the $50,000 contingency fund. Manager Autry reminded the Council that there is only $10,000 in the water /sewer contingency fund and he questioned if he will need to delete some capital items to make this adjustment from the water fund to the general fund. Mayor Pro Tem Robinson asked are they hemming themselves in with this approach to the budget and are they in fact telling their City employees to be thankful for what they get this year because they won't get anything next year. Mayor Harris questioned this comment. Council Member Maness stated that this budget includes the cost of the COLA and there is no guarantee that a COLA will be given in FY 13 -14. 235 Mr. Maness added that if this is a balanced budget, then the monies will be there the following year and he failed to see what Mr. Robinson's point is. Mayor Harris called for the vote. Motion failed. Ayes: Tumage, Maness Nays: Galbreath, Robinson and Barfield *Clerks Note: The agenda item Adoption ofFY2012 -13 Budget was continued and voted upon later in the meeting. Conditional Use Permit CU -01 -12 Primary Health Choice PIN #1516 -48- 6735.000 108 N. Orange Avenue Manager Autry explained that this request is for the operation of a psychosocial rehabilitation program at 108 N. Orange Avenue. This property is currently zoned O & I; Office & Institutional District. The Planning Board met on May 22, 2012, reviewed the request and asked for comments from the public. After hearing comments from the public and the request from the applicant, the Planning Board recommended unanimously to approve this request. Motion by Council Member Galbreath and seconded by Council Member Turnage to approve CU -01 -12 based on the following findings of fact: 1, The use requested is listed among the conditional uses in the district for which the application is made. Per the zoning ordinance Article LYDivision I Section 22 -461 (9)(g), the Conditional Use is listed in the ordinance. 2. The requested use is essential or desirable to the public convenience or welfare. The requested use is desirable to the public because it is an essential service to the citizens of Dunn who need this type of counseling and may be unable to travel to another town to receive the service. 3. The requested use will not impair the integrity or character of the surrounding or adjoining districts, nor be detrimental to the health, morals, or welfare. The property currently has a counseling center and the new program would not alter the amount of traffic at the location nor be detrimental to the surrounding areas. 4. The requested use will be in conformity with the land development plan. The location of this request is surrounded by one zoning district, office & institutional; the issuance of this permit will be appropriate with the anticipated growth pattern of office & institutional use identified in area one of the 2030 Land Use Plan. S. Adequate utilities, access roads, drainage, sanitation, and other necessary facilities have been or are being provided. All facilities are available at this location. Motion unanimously approved. Ordinance Amendment OA -03 -12 Chapter 22; Article IV (Off - premise Sign Ordinance added to C -1 Central Commercial District) Manager Autry explained that this amendment will create an off - premise sign ordinance in the C -1 Central Commercial District. Section 22 -242 adds the definition of an off - premise sign to the ordinance. Section 22 -292 (1)d this amendment adds off - premise sign regulations. An off - premise sign shall only be a wall sign and must provide directional information on the sign leading vehicular and pedestrian traffic to a specific location. The ordinance does not increase the amount of square footage that can currently be used for a wall sign which is 10 %; it adds off - premise signs that can be included in the 10% requirement. Motion by Council Member Galbreath and seconded by Mayor Pro Tern Robinson to approve OA- 03 -12. Motion unanimously approved. A copy of Ordinance (02012 -07) is incorporated into these minutes as Attachment #6. Authorization to Submit and Accept USDA Grant7Loan - Police Department Vehicles FY 2013 -2014 Manager Autry explained that the Dunn Police Department has the opportunity to apply for a loan/grant from the USDA Rural Development Community Facility Grant/Loan. The Police Department will request 236 $160,000 to fund police vehicles for FY 13 -14. By using the USDA, the department will qualify for a low - interest loan (3 1/3 %) and a grant of up to $35,000. As the Police Department is budgeted $125,000 annually for vehicles, there will be no additional cost to the City. Motion by Council Member Galbreath and seconded by Council Member Turnage to authorize the Police Department to submit and accept the USDA Rural Development Community Facility Grant/Loan. Motion unanimously approved. Board Appointments Planning Board (3 year term) In -town incumbents Doug Heath and Kevin Williams are eligible to serve another term. In -town incumbent Jan Jernigan does not wish to serve another term. ETJ representative Renee Jackson does not wish to serve another term. One application has been received from Teresa Stephenson for in -town representation. Motion by Mayor Pro Tem Robinson and seconded by Council Member Turnage to re- appoint Doug Heath, Kevin Williams and to appoint Teresa Stephenson to the Planning Board in -town membership and to appoint Mark Johnson as ETJ representative with terms ending June 30, 2015. Motion unanimously approved. *Clerks note: Mark Johnson's appointment as ETJ representative does not meet the ETJ residency requirement. Mr. Johnson resides in Leigh Laurel Subdivision on Fairground Road and this location does not fall within the ETJ territory; therefore this appointment will be reconsidered at the July 10" City Council meeting. Board of Adjustment (3 year term) In -town incumbent, Milton Webb, Jr. does not wish to serve another term and one application has been received from Aaron Hugh Jackson, I1I. Motion by Council Member Turnage and seconded by Council Member Barfield to appoint Aaron Hugh Jackson, HI to the Board of Adjustment with a term ending June 30, 2015. Motion unanimously approved. ABC Board (3 year term) Incumbent Dal Snipes has served one term and applications have been received from Aaron Hugh Jackson, III and Jarvis L. Bynum. Motion by Council Member Galbreath and seconded by Council Member Turnage to re- appoint Dal Snipes to the ABC Board with a term ending June 30, 2015. Motion unanimously approved. Library Board (3 year term) Two vacancies created by incumbent Kathy CIark, who is not eligible to serve another term and an existing vacancy. Applications have been received from Aaron Hugh Jackson, III, Teresa Stephenson, Janet Truelove, Joyce Lee, and Priscilla Neighbors. One County liaison vacancy exists and one application has been received from Yolanda Massey. Motion by Council Member Barfield and seconded by Mayor Pro Tern Robinson to appoint Janet Truelove and Joyce Lee to the Library Board of Trustees and appoint Yolanda Massey to the County Liaison with a term ending June 30, 2015. Motion unanimously approved. Dunn Housing Authority (Tenant Representative -1 year term) (Mayoral appointment) Mayor Harris re- appointed Charles McNeill as tenant representative to the Dunn Housing Authority with a term ending June 30, 2013. Temporary Blocking of Streets - ACCRF 5K Run A request has been received from Kim Schmidlin, on behalf of The ACCRF 5K Run Team, to close certain streets within the City of Dunn as indicated on the attached map on Saturday, August 25, 2012 from approximately 6:00 am until 1:00 pm. This event will start and end at the General Lee Museum. Motion by Council Member Maness and seconded by Council Member Barfield to approve the temporary street closing as requested by Kim Schmidlin, to hold The ACCRF 5K Run. Motion unanimously approved. 237 Temporary Blocking of Street — The Love Center St. John Missionary Baptist Church Little Avenue from Cumberland St. to Divine St. A request has been received from The Love Center — St. John Missionary Baptist Church, to close Little Avenue from Cumberland Street to Divine Street on Saturday, June 23, 2012 from 11:00 am until 3:00 pm for the purpose of having an "Out of School Jam ". Motion by Council Member Maness and seconded by Council Member Turnage to approve the temporary street closing as requested by The Love Center — St. John Missionary Baptist Church. Motion unanimously approved. ADMINISTRATIVE REPORTS Motion by Mayor Pro Tem Robinson and seconded by Council Member Barfield to approve the Administrative Reports. Motion unanimously approved. ANNOUNCEMENTS The following announcements and /or comments were made. Mayor Harris: • City of Dunn offices will be closed on Wednesday, July 4h in observance of Independence Day. • The next regular City Council meeting is scheduled for Tuesday, July 10, 2012 at 7:00 pm. Council Member Turnage: ➢ Thanked Manager Autry, Public Works Director Billy Addison and Davis - Martin- Powell Engineers for their excellent job with the storm water issue through -out town. ➢ Reminded everyone of the General William C. Lee wreath laying ceremony on Monday, June 25`" at 11:00 am at Greenwood Cemetery. Mayor Pro Tern Robinson: ➢ Congratulated 2012 graduates. ➢ Congratulated Eli Maness, son of Council Member Maness and grandson of Mayor Harris, who was Valedictorian of the Triton High School Class of 2012. ➢ Requested that the City Clerk send an anti- sagging ordinance he obtained from Alabama to the Council and he is still looking for this type of ordinance. Requested proper identification markers for the police and water department. Adoption of Fiscal Year 2012 -2013 Budget (Continued) Mayor Harris stated that the Council cannot recess or adjourn the meeting without acting on the budget and yielded to City Attorney Pope. Attorney Pope explained that the Council cannot adjourn without addressing an item for decision on the agenda. The Council could table an item, but at this point, it has not been tabled. Council Member Maness stated that he is not comfortable adopting the FY 12 -13 budget without a contingency fund. He added that he doesn't know what other kind of compromise to offer and if the other Council members are comfortable without a contingency fund and that's what it takes to pass this budget, then he'll vote but it will be noted that he is not comfortable without a contingency. Discussion was held about the need for a contingency fund and without this fund, it may be necessary to use fund balance. Mayor Harris requested a compromise to adopt this budget. Motion by Council Member Maness and seconded by Council Member Turnage to reduce the garbage rate increase proposal from $2.00 to $1.00, transfer the difference in the loss of revenues from the water /sewer (enterprise) fund to the general fund, leave the contingency fund of $50,000 in place, and if the contingency fund is not needed, then the funds transferred from the water /sewer (enterprise) fund to the general fund will be put back in the account. Ayes: Maness, Tumage, and Galbreath Nays: Robinson and Barfield Min Motion carried 3 -2. A copy of FY 12 -13 budget ordinance (02012 -08) and fee schedule is incorporated into these minutes as Attachment #7. With no further business to discuss, a motion was made by Council Member Maness and seconded by Council Member Tgmnage tp,adjourn the meeting at 8:52 p.m. NO% CITY C) , OORPO,�l ` fZ 0 `• SEA L l �TyCAROL��P`�` Attest: a. 'Y. zt Debra G. West City Clerk Motion unanimously approved. D s O car N. Harris Mayor