08142012247
MINUTES
CITY OF DUNN
DUNN, NORTH CAROLINA
The City Council of the City of Dunn held a Regular Meeting on Tuesday, August 14, 2012, at 7:00
p.m. in the Dunn Municipal Building. Present was Mayor Oscar N. Harris, Mayor Pro Tern N.
Carnell Robinson, Council Members Buddy Maness, Bryan Galbreath, Billy Tart, Chuck Turnage
and 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, Police Chief B.P. Jones, 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 Police Chaplain Reverend Dennis Manuel 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 Galbreath to adopt the August 14,
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 —
NC Outstanding Little Miss Pre -Teen
Tyler Elizabeth Albright
Mayor Harris presented a Proclamation to Tyler Elizabeth Albright of Dunn, in recognition of being
crowned North Carolina's Outstanding Little Miss Pre -Teen. A copy of Proclamation (P2012 -16)
recognizing Tyler Albright is incorporated into these minutes as Attachment #1.
Dunn Area Chamber of Commerce -
Shop Local First Campaign
DACC President Clint Stanley gave a short presentation promoting the importance of "Shopping Local
First ".
He stated that all area Chambers have joined forces to promote this campaign on a County-wide basis. He
spoke of the advantages in keeping dollars local. He requested consideration of the Council that if a local
contractor is within a certain percentage of low bid, they be given an opportunity to provide services to the
City. He encouraged the Council to continuously strive to find creative ways to keep shopping locally an
emphasis.
PUBLIC COMMENT PERIOD
Mayor Harris opened the floor for a (30) minute public comment period and summarized the public
comment rules.
Mayor Harris stated that matters which have been or will be the subject of a public hearing are not allowed
during the public comment period; however, since some people present tonight have refused to concur with
this rule, he will allow each individual that signed the public comment sheet to speak. He pointed out that
should the Council proceed to propose a saggy pants ordinance, a public hearing would be held at that time.
He asked that all individuals address their comments to the Council and to be courteous in their language.
Mr. James Clark, Dunn, NC — He asked that the Council consider who violated this principle of pulling
their pants down first instead of the young men today.
Mr. Thomas Ellis II, Dunn, NC — He stated that sagging pants is just a fashion. He added that indecent
exposure laws already exist and they should enforce this law instead of creating new discrimination laws.
African- Americans already have a hard time in Dunn. If the City is in need of money, there are other ways
to make it. Imposing stiff fires to individuals who wear sagging pants is outrageous. He doesn't like
sagging pants; however, this appears to be a violation of the constitutional rights. He asked that the
Council reconsider this issue. Our African- American youth that are locked -up don't have the money to pay
these fires. He asked the Council to think about this. There are hardly any kids in the City. The parents or
children don't have the money to pay these fines.
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Ms. Elizabeth Crudup, 604 S. Fayetteville Avenue, Dunn, NC — She stated that sagging pants are an
expression. All of the Council members are older gentlemen and in her historical research, she has seen
pictures of many of them in attire that proved highly questionable in terms of taste and judgment. The laws
of indecent exposure already cover anything that they would be trying to address with the sagging of the
pants law. A sagging pants ordinance says that they're okay with seeing teenage girl's boobs and butts but
they don't want to see the gentleman's boobs and butts. There's so much else in this City that needs
attention other than attacking young people for expressing themselves. At one time, long hair to the
shoulder was disgusting and many of you wore your hair long to the shoulder. If our sons want to express
themselves in a certain way, it's not up to us to judge them and just because the Council doesn't like it
doesn't make it wrong.
Ms. Joy Williams, 400 N. Wilson Avenue, Dunn, NC — She stated that this is an issue that should not be
before the City Council. The Council is trying to take away people's civil liberties. She doesn't like the
way people wear their pants nor does she like to see their underwear, but that is their choice. Society
controls how people dress. They cannot dictate to people what they wear or don't wear as long they're not
naked. This town has a lot of other issues such as housing for the homeless who sleep in the alleyways and
door -ways of businesses. There have been people in the past that tried to dictate to take away civil rights
and it goes on today in North Korea where all of their citizens are completely controlled by their
government. Government should not take away your civil liberties; that is not the purpose of this Council.
This Council should be dealing with things that affect people. The people in her ward are not concerned
about seeing somebody's underwear; they're more concerned about having a sidewalk to walk on, their
taxes, water bills, and transportation. This Council is very lucky that they don't have any other problems or
concerns that they can spend their time discussing such a minute issue. Do not take away their civil
liberties.
Elder Carolyn Talley, 803 E. Vance Street, Dunn, NC — She stated that she is raising her 10 year -old
grandson to wear a belt and to be respectable. She's also part of a prison ministry and when they visit the
prison, there's a variety of all races in there. She doesn't want to stereotype any certain race because they
all wear sagging pants. She asked where the violators will get the money to pay fines imposed on them. If
her grandson was found with his pants sagging, and given a fine, then parents or grandparents will have to
pay the fine. What happens if they don't comply? What will they do with the fines they collect? Will that
money be put back into the black neighborhoods? There are so many other issues such as people with no
roof over their heads, hungry and struggling to pay bills. What happens if a person becomes
confrontational when the police fine them? She agrees that people need to pull up their pants and that
individuals could be taught at an early age but what are you going to do to those that are already grown.
Mr. Ronald Ross, 201 W. "F" Street, Erwin, NC — He stated that he does not like sagging pants but
everybody goes through a phase in life such as long hair, cowboy boots etc. Indecent exposure is already
on the books. Although it's not ethical to walk around with your pants hanging down, everybody expresses
themselves in different ways. Everybody goes through phases such as daisy dukes, long hair, and no hair.
Sometimes you have to compromise with people instead of fining them; money is not the way to get what
they want done because the more money they take out of a person's pocket, the more evil they become.
This takes a person's pride and everybody has to have something to live for. Everybody with sagging pants
is not a drug dealer. There are times you must use common sense. This is taking away a man's freedom.
There are more white boys than black boys wearing sagging pants. He doesn't like it; he can't change it
and thinks it's just a fad. If the Council enforces this, they'll have to eventually take the rule of sagging
pants off the books because it won't last long.
Mr. Oscar McPherson, 604 E. Bay Street, Dunn, NC — He stated that he is speaking as an individual and
not for the Harnett County NAACP. He does not like sagging and as an educator, he discouraged it when
he was teaching. He thinks there is a problem if they enact such an ordinance. He did review the ordinance
from Tuscumbia, Alabama and he is concerned that it only addresses the sagging. There are issues with
people showing other body parts; how can you say "don't show your underwear but you can show
cleavage ". He suggested that if this Council is serious about enacting an ordinance, that they appoint an
ad -hoc committee to look at what should be included in an ordinance and the feasibility of it. The Police
Chief made a statement in the paper, that there might be a problem with enforcement and there might be
some judgmental issues in that one officer would find it necessary to address the issue and another might
not. There are several things that need to be studied as this is a serious matter. Through -out this country,
African- American males and the Police Department are at odds with one another and this is one item that
could potentially cause that to worsen in our City. He asked the Council to please take the time to study
this; citizens from every walk of life could be put on a committee to discuss whether or not such an
ordinance should be created.
Mr. Jonathan Lee Roy Brown — He stated that he represents area black churches. He spoke about the
purpose of law. He spoke about trespassing on King Street. He is currently on medication and would like
for his record to be expunged.
Mr. Ricky B - 117 Bruce Drive, Dunn, NC — He stated that he's sagging right down just because of the fact
of this issue. This is the style; they're not wearing polyester today. He stated that the past five to seven
times he's been arrested, his Miranda rights were not read and he doesn't know what he's being arrested for
until he gets to jail. When he gets out on probation, they violate his probation and he goes before the court
judge and he tells him he did eighteen days too many. Where's his restitution for that? He's tired for doing
time that he shouldn't do. The pant sagging is a conspiracy to create probable cause to search someone.
There are enough people in jail.
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Mayor Harris stated that he did not want to deprive anyone of their right to speak tonight even though this
was not the time for a public hearing. Mayor Harris stated that if or when this proposed ordinance comes
back for a public hearing, the public will be given another opportunity to speak about the issue.
Hearing no further comments, the public comment period was closed.
Mayor Harris opened public hearings at 7:52 p.m.
PUBLICHEARINGS
Installment Financing to
Renovate Tyler Park
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 on whether the City Council should approve a
proposed installment financing contract and certain related documents under which the City would obtain
financing pursuant to N.C.G.S. §160A-20 to finance the cost of renovating Tyler Park. The amount to be
financed for construction of the project is $975,000.
The public hearing was duly advertised on July 31, 2012.
Mayor Harris asked if there was anyone present who wished to speak for or against the financing proposal.
Hearing no comments, Mayor Hams closed the public hearing at 7:53 pm.
Minutes — Council considered approval of minutes of the July 10, 2012 City Council meeting
Budget Amendment - Council considered approval of Budget Amendment #1. A copy of BA #1 is
incorporated into these minutes as Attachment #2.
Destruction of Municipal Records — Council considered approving the destruction of Finance 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 #3.
Resolution — Council considered a Resolution Declaring the April 16, 2011 Tornado a Natural Disaster. A
copy of Resolution (R2012 -14) to declare that a Natural Disaster Occurred within the City of Dunn and its
Extra Territorial Jurisdiction on April 16, 2011 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.
With Council consensus, Mayor Harris asked that Item #21 Sagging Pants Ordinance discussion and/or
decision be moved to the top of the agenda as a courtesy to allow those present and the press to hear this
issue.
ITEM FOR DISCUSSION
AND /OR DECISION
Sagging Pants Ordinance
Mayor Harris reviewed the following procedure used by the City Council to adopt an ordinance so that
those present tonight and those viewing the government channel will have an understanding of the process:
• A member of the City Council must request that an item be placed on the agenda for consideration
by the Council.
• When an item is placed on the agenda, the requesting member has researched the issue and at
times, has discussed it with their fellow members.
• Mayor Pro Tern Robinson requested that the sagging pants issue be placed on the agenda for
discussion and/or decision.
• The item is placed on the agenda to discuss and determine if additional action is merited.
• The Council may direct the City Attorney to research the issues associated with the proposed
ordinance, to draft an ordinance and present it to the Council along with his research and his legal
opinion on questions proposed by the Council.
• The proposed ordinance would be placed on the agenda for a public hearing and all interested
parties would have an opportunity to make comments.
• The proposed ordinance along with the data submitted by the City Attorney and the public
comments is made available to the Council members and for their use in deliberation.
• It may be the Council's decision to address the proposed ordinance the same night of the public
hearing.
• There will be a lot of discussion by the Council based on individual research and the information
provided by the City Attorney and from comments and data submitted at the public hearing.
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• The Council will approach the issues with an open mind; although leading questions may make
you think they are leaning a certain way, it's the opportunity to assemble the necessary data to
arrive at an informed decision.
Mayor Harris explained that tonight, the Council is at the beginning of the public announcement of its'
intent to adopt an ordinance in the near future, not tonight.
Mayor Harris stated that Mayor Pro Tern Robinson requested further discussion with regard to directing the
City Attorney to draft a sagging pants ordinance for consideration. Mr. Robinson spoke about enacting
such an ordinance at the June 19'" City Council meeting. A copy of a similar ordinance from Tuscumbia,
Alabama has been provided to the Council.
Mayor Harris stated that this issue is bigger than the City of Dunn. They may reach out to the County,
local government association, house members and senate members that represent the area and to the Board
of Education. At this time, they do not know where this issue is going. He yielded to comments.
Mayor Pro Tern Robinson thanked those who spoke tonight. He stated that he would like to clarify that in
this City, and as an educator, this is an issue which should be addressed. He would apologize to anyone
who was offended by the comment about drug dealers and other criminals being associated with sagging
pants. Because of peer pressure, there are a lot of good kids agreeing to make this fashion statement. In
1983, the Crisis Magazine, which is the national magazine for the NAACP predicted they would be exactly
where they are today based on the beginning of this fad. It is not a fad; it is a subculture complete with a
uniform, with a language and with an attitude. Indecent exposure is a criminal charge and he is not
attempting to criminalize young people and that is not his intent. For those who would say this is racist or
is going to set up a situation of profiling, it will only impact those people who insist on doing it. The City
has an excellent Police Department and they are not going to target folks for sagging who are not sagging.
In a town where they say "community matters" they have a responsibility, if not a moral obligation, to
partner with our parents, our faith -based community and our schools to produce an environment that
nurtures and encourages our children to be their very best and all that God created them to be. Whether or
not they have an interest, they do have an economic development interest, an interest in work -force
development and an interest in seeing our young people become productive parts of this community. He
thinks they should move forward and they should challenge all Harnett County municipalities and the state
legislature to do the same thing for the kids. They should have the courage to move forward on this issue.
A motion was made by Mayor Pro Tern Robinson and seconded by Council Member Barfield to direct and
instruct the City Attorney to research and draft a proposed sagging pants ordinance that addresses the
following: 1) our legitimate government interest 2) the constitutional issues that may arise from such
ordinance if adopted and 3) the enforceability of said ordinance if adopted and that the City Attorney bring
back the prepared ordinance, share all pertinent information derived from his research and render his legal
opinion on the three (3) issues stated in this motion and that the draft ordinance be presented at the Dunn
City Council September 11`", 2012 meeting.
Mayor Harris entertained further discussion
Council Member Maness stated that he understands the concerns that Mayor Pro Tern Robinson has
expressed about the current cultural fad as he calls it a subculture. He does not personally support this
fashion statement and agrees that he doesn't like to see or have his family members exposed to people
wearing their pants sagging down and exposing their underwear. It is disrespectful and is not something
people should do in public; however, he does not believe that a government ordinance is an appropriate
way of addressing this social issue. He has concerns that such an ordinance would impose on individual
freedoms of expression and he is also concerned about enforcing such an ordinance and what exposure that
it might give the City regarding enforcement and he cannot support any recommendation to establish an
ordinance regarding this fashion fad. For clarification of Mayor Pro Tem Robinson's motion and the intent
of the motion, if the City Attorney determines over the course of his research that in his opinion, the
proposed ordinance would not be constitutional, are they still expecting and directing him to take the time,
energy, effort and expense to the taxpayers, to draft a proposed ordinance or are they expecting the City
Attorney to bring back his findings, conclusions, and recommendations to the Council for further direction
and/or discussion. He asked Attorney Pope to explain his understanding of the intent of the motion.
Attorney Pope stated that at this point and time, he has not conducted any research on this issue nor has he
prepared any draft ordinance. At this point, the only thing he has seen is the ordinance from Alabama
which was provided by Mayor Pro Tern Robinson. He requested clarity from the Council based on his
understanding of the ordinance. He stated that if during the course of his research, he determines that such
an ordinance would be constitutional in his legal opinion, then he could proceed forward with drafting a
proposed ordinance; however, if he concludes that such an ordinance would not be constitutional or other-
wise legally enforceable, then he doesn't feel he is capable of drafting an ordinance if his legal opinion is
that it wouldn't hold up in the court system. He added that he wants to make clear from the Council, what
is expected of him as they move forward in this matter.
Mayor Pro Tern Robinson stated that City Attorney Pope is a great attorney and if he came to a point that
any proposed ordinance would be unconstitutional, then they would want him to report that to them and
stop, but at the same time, they can look across the country and see other municipalities with an ordinance
in tact that are not being challenged and proven beneficial to their communities. He added that nobody
would want Attorney Pope to continue if he personally felt what was being asked of him would produce
something unconstitutional.
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Council Member Maness asked if they are aware of any town or county in North Carolina that has such an
existing ordinance on the books. He has not been able to find any.
Mayor Pro Tem Robinson stated that there were two cases where councils in North Carolina were
attempting to pass an ordinance; there is not yet one in North Carolina but they need to start somewhere
and he feels this is an issue worth leading on in North Carolina.
Council Member Barfield stated that this is not a racial idea. No one will pay any money if they don't
violate the ordinance. There are too many people that do not want to see sagging pants. He added that the
Department of Corrections does not allow sagging pants. He would like to see this issue turned over to the
City Attorney for his findings.
Mayor Harris clarified the motion on the table. Based on Mayor Pro Tem Robinson's discussion since his
motion was made, Mayor Harris asked Mayor Pro Tem Robinson if he would amend his motion to state
that if City Attorney Pope finds such an ordinance is not constitutional and deems it not enforceable, then
he would not draft a proposed ordinance.
Council Member Maness simplified the amendment to state that if during the City Attorney's research and
investigation, he deems in his professional opinion, that it is unconstitutional or doesn't meet the criteria of
the three (3) items mentioned, he will stop at that point and not draft anything and will come back and
advise the Council of his findings.
City Attorney Pope stated that if he reaches the legal conclusion that it is not allowable under the state or
federal constitution, then he could not draft an ordinance because he would be of the opinion that it is not
legal.
Mayor Harris asked the Council if they are in agreement with the amendment.
Mayor Pro Tem Robinson amended his motion to include the concept that if City Attorney Pope determines
that an ordinance is unconstitutional or does not meet the criteria of the three (3) items mentioned in the
original motion, he will not draft a proposed ordinance. Council Member Barfield seconded the motion as
amended.
Council Member Maness clarified that the action taken by the Council tonight is not voting on the
ordinance, does not commit any of them to the ordinance and it will have to come back before the Council
to be placed on an agenda for a public hearing.
Motion unanimously approved.
ITEMS FOR DECISION
Consideration of a Resolution
Authorizing the Filing of an Application for
Approval of a Financing Agreement Authorized by
NC General Statute 160A -20 —
Tyler Park Renovation
Manager Autry explained that the Council is being asked to adopt this resolution to authorize the Finance
Director to file an application with the Local Government Commission (LGC) to finance the cost of
renovating Tyler Park.
This resolution is part of the approval process required by the LGC to finance projects. The first annual
debt payment will be in fiscal year 2012 -2013 and will be reflected in the General Fund operating budget.
Motion by Council Member Maness and seconded by Council Member Billy Tart to adopt the Resolution
authorizing the Finance Director to File an Application with the LGC for approval of a Financing
Agreement authorized by NCGS 160A -20. Motion unanimously approved. A copy of Resolution
(R2012 -15) Authorizing an Application with the LGC is incorporated into these minutes as Attachment #5.
Award Bank Bid for
Tyler Park Renovations
Manager Autry stated that a request for proposals was sent to local banks to finance the Tyler Park
Renovations. This proposal is to finance $975,000 for a period of ten (10) years. The following bank
submitted a proposal:
Financial
interest Rate
Interest Paid
Principal
Origin. Cost
Total Cost
Institution
First Citizens
2.45%
134,063
975,000
3,500
1,112,563
BB & T
Declined to
Quote
PNC Bank
Declined to
Quote
The debt service payments will begin in FY 2013 -14.
Motion by Council Member Turnage and seconded by Council Member Billy Tart to award bid for
financing to First Citizens Bank at a rate of 2.45% for a ten year term. Motion unanimously approved.
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Award Bid for
2012 Tractor Loader Backhoe
Manager Autry stated that informal bids were received from 414/12 — 6/7/12 for the purchase of a 2012
Tractor Loader Backhoe for the Public Works Department. Bids submitted are as follows:
Submitted
Seater Tractor Co., Inc.
4901 Fayetteville Rd.
Raleigh, NC 27603
R.W. Moore Equipment Co.
1128 Hwy. 70 West
Raleigh, NC 27529
Gregory Poole Equipment Co.
4807 Beryl Rd.
Raleigh, NC 27606
Model Bid Amount
New Holland B95TC $79,985.00
John Deere 310SKT $82,688.77
CAT 420F $89,855.00
After evaluating the bids, it is the recommendation of the City Manager to award the lowest bid received by
Seater Tractor Company.
Funding for this backhoe was allocated in FY 2012 -2013 budget. First debt service payment will be made
in FY 2013 -14 for a term of five years.
Motion by Council Member Galbreath and seconded by Council Member Turnage to award bid to Seater
Tractor Company for the purchase of a 2012 Tractor Loader Backhoe. Motion unanimously approved.
Award Contract for
Copier Lease
Finance Director Stephens stated that the current copier service will expire with Xerox in September, 2012.
A request for proposals to provide copier service for a period of five (5) years was submitted to several
contractors. The following six (6) copier contractors submitted the following bids:
Systel
0.0149
0.06
$10,000
Fayetteville, NC
Office Value
0.0194
0.06
$12,700
Dunn, NC
Cavin's Business Solutions
0.0318
0.059
$20,000
Fayetteville, NC
Ricoh -USA
0.0341
0.0618
$21,500
Cary, NC
Copiers Plus, Inc.
0.0372
0.007
$22,300
Fayetteville, NC
Digital Document Solutions
0.0424
0.0088
$25,400
Smithfield, NC
Finance Director Stephens pointed out to the Council that copier leases are not required to be bid since this
is a service.
Motion by Council Member Galbreath and seconded by Council Member Tumage to award the contract for
copier lease to Systel. Motion unanimously approved.
Authorization to Accept
NC Rural Center Rural Hope Grant -
Harnett Health System —
Wound Care Center
Manager Autry explained that at the April 10, 2012 Council meeting, the Council approved a resolution to
authorize the Mayor to file an application on behalf of the City of Dunn with the Rural Center for a Rural
Hope Grant to assist in the construction of a Wound Care Center near the hospital campus on Tilghman
Drive. Upon completion, the Wound Care Center will create 10 new healthcare jobs.
The Rural Center has reduced funding to $80,000 to correspond with the number of full -tune jobs
committed at $8,000 per job.
The local government must contribute a cash match of at least 5% of the grant amount which will equate to
$4,000.00.
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Motion by Mayor Pro Tern Robinson and seconded by Council Member Barfield to accept the NC Rural
Center Rural Hope Grant for Harnett Health Systems. Motion unanimously approved. A copy of the
Rural Center Agreement for the project described as "Harnett Health Wound Care Center" is
incorporated into these minutes as Attachment #6.
Supplemental Agreement to
Municipal Agreement between
NCDOT and the City of Dunn for
Pedestrian Improvements along
US 301 (N. Clinton Ave.) from
US 421 to Granville Street
Assistant Manager Neuschafer stated that the Council is being asked to authorize the Supplemental
Agreement to a Municipal Agreement between NCDOT and the City of Dunn for pedestrian improvements
along US 301 (N. Clinton Ave.) from US 421 to Granville Street whereby the following provisions are
amended:
• The project consists of construction of sidewalk with crosswalk improvements on US 301 (N.
Clinton Ave.) from Edgerton Street to Granville Street (pedestrian signals have been removed
from the scope of the work and additional sidewalk)
• The City of Dunn shall complete the project by October 30, 2013
As background information, NCDOT and the City of Dunn entered into an agreement on March 10, 2011 to
construct sidewalks with crosswalk improvements including pedestrian signals along US 301 from US 421
to Granville Street with a completion date within one (1) year. The agreement also set forth that NCDOT
would participate in actual construction of the sidewalk facilities at a cost not to exceed $140,000. It is the
City's responsibility to perform all engineering services and administrative services to complete the project
to NCDOT standards. The pedestrian signals have proven to be too expensive to be covered by this
project. The sidewalk that was designed to extend down Johnson Street does not qualify for funding
because Johnson Street does not have curb and gutter which is required under this federal program. Curb
and gutter for that section would cost approximately $25,000; not covered by this agreement.
Total cost to the City was expected not to exceed $45,000; to date the City has expended $26,646 for
design and surveying services.
Motion by Council Member Galbreath and seconded by Council Member Maness to approve the
Supplemental Agreement to the Municipal Agreement between NCDOT and the City of Dunn for
Pedestrian Improvements along US 301 (N. Clinton Ave.) from US 421 to Granville Street. Motion
unanimously approved. A copy of this Supplemental Agreement for Pedestrian Improvements along US
301 (N Clinton Ave) is incorporated into these minutes as Attachment #7.
Change Order No. 1—
Eastover Sanitary District Project
Manager Autry explained that Change Order No. 1 is an increase of $61,860.29 for the Eastover Sanitary
District Project. Contract price prior to this Change Order was $2,017,425.80. Contract price
incorporating this Change Order is $2,079,286.09.
Justification for Change Order No. 1 is as follows:
• Additional directional boring was required due to right -of -way issues along Highway 301 South
leading from the County line to I -295.
• Booster pump station was relocated
Motion by Council Member Maness and seconded by Council Member Barfield to approve Change Order
No. 1 for the Eastover Sanitary District Project. Motion unanimously approved. A copy of Change
Order No.. I is incorporated into these minutes as Attachment #8.
Temporary Blocking of Street
W. Harnett Street between
General Lee and Wayne Avenue —
Harnett Primary and Wayne Avenue School
Manager Autry stated that a request has been received from Parrish Hayes Daughtry, PTO President of
Harnett Primary School and Heather Hayes Williams, PTO President of Wayne Avenue School, to close
W. Harnett Street between General Lee Avenue and Wayne Avenue on Thursday, September 27, 2012
from 5:00 pm until 7:30 pm to hold a PTO Fall Festival event at both schools.
Motion by Mayor Pro Tern Robinson and seconded by Council Member Billy Tart to approve the
temporary street closing as requested on W. Harnett Street between General Lee and Wayne Avenue.
Motion unanimously approved.
400 S. Magnolia Avenue
PIN #1516 -65- 3779.000
PARCEL #02151611180001
Update Report
An ordinance directing the owner of this property to make it fit for human habitation or directing the
Building Inspector to demolish and remove this dwelling was adopted by the Council on May 8, 2012.
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Building Inspector Blackmon stated that approximately two weeks ago, Mrs. Benton invited each of the
Council members to take a tour of the house to see the work completed thus far. Some of the Council
members that took the tour saw the significant progress on the house.
Mr. Blackmon reported that Mrs. Benton was not able to comply with her self - imposed July 31` deadline;
however, as of today, 97% of the minimum housing requirements have been met and he feels the house is
safe enough for her to move in and continue to work on as she expressed to the Council members that
toured her house.
City Attorney Pope explained that until she has completed all of the minimum housing code requirements,
the ordinance needs to stay in place and at that point they will need to place on a future agenda, repealing
the ordinance.
Inspector Blackmon stated that the only thing left to meet all the minimum housing code requirement, is
putting insulation in the attic. He added that the house should be 100% complete by the middle of next
week.
Mayor Pro Tern Robinson stated that he went by the property today, and thus far, he would estimate that
$50,000 has been spent to renovate this house.
No action is required by the Council until all repairs have been made.
The contractor, James Leggett, stepped forward and stated that Inspector Blackmon has been very good to
work with and the only thing left to complete is insulation in the ceiling.
ITEMS FOR DISCUSSION
AND /OR DECISION
Financial Report
Finance Director Mark Stephens provided the following financial report for the period ending June 30,
2012:
• As of June 30, 2012, the City had $2.8M in cash in the General Fund and $2.3M in the Water -
Sewer Fund. In June of 2011 the City had $2.8M in the General Fund and $2.2M in the Water -
Sewer Fund.
• Investment earnings are in the .15 % -.08% range.
• Building permit fees were $41,463 or 51.82% of budget. Benchmark for this month is 100.00% of
budget.
• Water and sewer revenues were $4.3M or 100.00% of budget. Benchmark for this month is
100.00% of budget.
• Average fuel cost in June for unleaded was $2.55 per gallon and diesel was $2.79 per gallon. The
City budgeted $3.00 per gallon.
• Sales tax distribution was $1,326,235 or 99.34% of budget. Benchmark for this month is 100.00%
of budget.
• Expenditures were 95.42% of budget in the General Fund and 97.12% of budget in the Water and
Sewer fund. The benchmark for this period is 100.00% of budget.
Director Stephens projected a pre - audited fund balance of $60,990.01. He explained that this fund balance
is due to 911 surplus monies that were transferred into the general fund as recommended by the LGC.
Update Report for
Establishing a
Cemetery Committee
Manager Autry stated that at the July Council meeting, Mayor Pro Tem Robinson requested that the
Council consider establishing a cemetery committee.
Manager Autry stated that he was asked to investigate providing a public on -line searchable portal for City
cemetery records. He added that he has requested a quote from the City's current cemetery software
company to provide a link to allow anyone to search for a burial record in each of the City's three (3)
cemeteries.
Manager Autry explained that due to surgery, he has not met with Mayor Pro Tern Robinson.
Manager Autry stated that next month some type of recommendation will be brought back to the Council
on how to move forward with this committee.
Ms. Joy Williams asked when will this issue be discussed and asked who the committee members are.
Mayor Harris responded that a committee has not yet been established.
ADMINISTRATIVE REPORTS
Motion by Council Member Galbreath and seconded by Mayor Pro Tern Robinson to approve the
Administrative Reports. Motion unanimously approved.
255
ANNOUNCEMENTS
The following announcements and/or comments were made.
Mayor Harris:
Y City offices will be closed on Monday, September 3" in observance of Labor Day.
Y The next regular City Council meeting is scheduled for Tuesday, September 11, 2012 at 7:00 pm.
Y Due to inclement weather, the "National Night Out" has been rescheduled for Tuesday, August 21,
2012 from 6pm to 8 pm at Tart Park.
Council Member Maness:
Y Freshmen orientation will be held at Triton High School on Tuesday, August 21, 2012.
Mayor Pro Tom Robinson:
Y Thanked the young people in town who have voluntarily pulled their pants up based on
discussions and he appreciates the young people and parents who are trying to do the right thing.
Council Member Tumage:
Y Attended the NCLM Planning and Environmental Legislative Action Committee and he will email
results of the short session to the Council. This committee is asking for input from municipalities.
With no further business to discuss, a motion was made by Council Member Billy Tart and seconded by
Council Member Turnage to adjourn the meeting at 9:12 p.m. Motion unanimously approved.
CITY OP
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Attest: ';,P7y •....... .
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Debra G. West
City Clerk
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car N. Harris
Mayor