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09112012256 MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Regular Meeting on Tuesday, September 11, 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, Planning Director Samantha Wullenwaber, 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 Reverend Tim Rice, Pastor of Glad Tidings Church and President of the Dunn United Ministerial Association 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 September 11, 2012 meeting agenda with changes, if any, as listed below. Items Added to the Agenda: • Temporary Blocking of Street — The Eleventh Hour Ministries — E. Bay Street from S. Washington Avenue to S. Elm Avenue and S. Washington Avenue from Pope Street to Bay Street • Temporary Blocking of Street — McNeil Memorial Church — E. Canary Street from S. Ehn Avenue to S. Magnolia Avenue Agenda Items Removed: • None Agenda Adjustment: • Public Comment Period moved to Item #22 Motion unanimously approved. PRESENTATIONS Retirement Resolution — Donna Autry Mayor Harris, Manager Autry and Recreation Director Perry Hudson presented a Retirement Resolution to Donna Autry, in recognition and appreciation of more than 13 years of service to the City of Dunn Recreation Department. A copy of Retirement Resolution (R2012 -16) recognizing Donna Autry is incorporated into these minutes as Attachment #1. Proclamation Presentation - Dixie Youth NC All-Stars (12- under) Girls Ponytails State Champions Mayor Hams, Manager Autry and Recreation Director Perry Hudson presented a Proclamation recognizing the Dunn Recreation Department Dixie Youth NC All -Stars (12- under) Girls Ponytails State Champions and their advancement to compete in the World Series in Hartsville, SC. A copy of Proclamation (P2012- 18) recognizing Dixie Youth NC All -Stars 12 -Under Girls Ponytails State Champions is incorporated into these minutes as Attachment #2. Proclamation Presentation - Dixie Youth NC All-Stars (10- under) Boys State Champions Mayor Harris, Manager Autry and Recreation Director Perry Hudson presented a Proclamation recognizing the Dunn Recreation Department Dixie Youth NC All -Stars (10- under) Boys State Champions and their advancement to compete in the World Series in Bartow, Florida. A copy of Proclamation (P2012 -19) recognizing Dixie Youth NC All -Stars 10 -Under Boys State Champions is incorporated into these minutes as Attachment #3. 7: 26 pm — Mayor Harris called for a short recess and reconvened the meeting at 7 :28 pm. CONSENTITEMS Minutes — Council considered approval of minutes of the August 14, 2012 City Council meeting 257 Proclamation - Council considered approval of a proclamation designating September 17 -23, 2012 as Constitution Week. Mayor Harris read the proclamation. A copy of Proclamation (P2012 -20) designating Constitution Week is incorporated into these minutes as Attachment #4. Budget Amendments - Council considered approval of Budget Amendments #2 - #1 A copy of BA #2 and #3 is incorporated into these minutes as Attachment #5. 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 -17) is incorporated into these minutes as Attachment #6. Motion by Mayor Pro Tem Robinson and seconded by Council Member Billy Tart to approve all consent items. Motion unanimously approved. ITEMS FOR DECISION Update Report for Sagging Pants Ordinance — City Attorney Pope At the August 14, 2012 Council meeting, a motion was made to direct 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. The motion was amended 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. City Attorney Pope stated that he has conducted independent research by talking to attorneys in other towns that have adopted a sagging pants ordinance and attorneys in towns that have declined to adopt a sagging pants ordinance. He provided the Council with his research as it relates to the following three (3) criteria: 1) Legitimate Government Interest in pursuing such an ordinance — Attorney Pope stated that he was not able to find a town in North Carolina that had adopted a sagging pants ordinance. Municipalities with such an ordinance were in other states, including Georgia, Mississippi, and Illinois. Some of these municipalities use their police power to regulate and provide for the public health, safety and morals. Some of the interests which were stated in those ordinances were to promote social morality and order, to subvert a sub - culture of gangs and criminality, to stabilize land values and boost economic development, to improve quality of life and improve the character of young persons. In order to make an otherwise legal activity illegal in a legitimate government interest, the government must show not only that it has an interest in these secondary effects, but it must have some objective and empirical data that would support evidence that those secondary effects exist from people wearing sagging pants. There may be some evidence out there but at this point and time it is not before the Council. However, there was a case in the State of Florida where the federal courts determined an ordinance that prohibited men from jogging with their shirts off, to have no legitimate government interest. In that particular case, the Palm Beach City Council's state of legitimate reasons were to stabilize land values and maintain its' role as a residential community and to maintain the history tradition, identity and quality of life of the town and the court said these are simply not a legitimate government interest and that it would be an intrusion upon the liberty interest of its' citizens and declared that ordinance was unconstitutional. With what the City of Dunn presently has before them, he does not see that the City of Dunn has a legitimate government interest within the eyes of the law to adopt such an ordinance if at some other time there is some empirical objective data that were brought forth that might tie the secondary effects into the stated government interest, that could potentially change, but at this point and time they do not have that. 2) Constitutional Issue surrounding a proposed saggingpants ordinance — I't amendment considerations — City Attorney Pope explained that the Supreme Court has stated that a bedrock principle underlying the I' amendment is that the government may not prohibit the expression of an idea simply because society fords the idea itself offensive or disagreeable. Free speech extends to freedom of expression; however, in order for that expression to be protected by the I't amendment, you must be expressing an idea. In the other cities, there were a number of possible messages that one might be trying to give by wearing sagging pants; among them were the identification with black popular culture or hip -hop style, rebellion against conformity with expected societal standards, rebellion against authority figures and civil disobedience to anti- sagging ordinances. Therefore, the courts have found that sagging pants may constitute a message which is a freedom of expression; however, in order for that to be protected by the I" amendment, the person that is observing the expression must understand what is being expressed and there are conflicting authorities on that and therefore it may not be protected by the I" amendment. The 14th amendment of our constitution states in part "nor shall the state deprive any person of life, liberty or property without due process of law "; this is known as the due process clause of our constitution in the Bill of Rights and it says that the government must have an adequate reason for taking away a person's life, liberty or property. Our Supreme Court has recognized that people have a liberty interest within the 14th amendment in matters of personal appearance. There have been cases in the federal court that have struck down ordinances that prohibit men from wearing long hair as being unconstitutional. As stated earlier, a federal court in Florida struck down an 258 ordinance that prohibited a man from taking his shirt off while he was jogging. The stated reason for striking down those ordinances was because it violated the liberty interest of the individual. It is his opinion that the sagging pants proposed ordinance would violate the liberty interest of individuals under the due process clause of the 14th amendment. An additional constitutional concern relates to the vagueness for what constitutes the waistline or the waist. In order for a law to be constitutional it must give sufficient precision that a citizen knows what activity is prohibited. In the American Heritage Dictionary, he found three (3) different definitions for what constitutes the waistline; that vagueness could suspect a sagging pants ordinance to a challenge for vagueness. All of these constitutional principles apply whether it is a criminal ordinance, a civil penalty or a nuisance ordinance; because they are imbedded in the constitution, it does not matter how the government frames the ordinance. In his opinion, under the 10 amendment and potentially under vagueness, it would not be constitutional. 3) Enforceability Issues — Attorney Pope stated that there are a number of potential enforceability issues. o The first one is what constitutes the waist or waistline considering there are at least three (3) different definitions in the dictionary that he reviewed and as such there would be some difficulty in a police officer knowing from what point to measure whether a person was wearing their pants 3" or more below their waist or their waistline. o The second potential issue is if an officer stopped a suspect because he believed he was in violation of the ordinance and the suspect pulled up his pants and tightened his belt before the officer could measure how far the pants were below the waist. o The third potential issue is in order to have some subjective evidence that there was a violation by the person wearing their pants 3" below the waistline, the best evidence of that would be for the officer to measure and/or take a picture, which could be impractical in trying to enforce the ordinance. o A final potential enforceability issue was whether or not the district attorneys' office would enforce it if somebody were charged. As proposed, this would be a civil penalty and not a criminal statute therefore that consideration may not be of concern; however, if somebody is charged civilly with a fine and doesn't pay it, then the City would have to incur attorney fees and costs in taking that person to court in order to enforce that fine. City Attorney Pope stated that these were the three (3) issues that the Council asked him to investigate. He added that his understanding of his instructions was if he determined in his opinion that such an ordinance would not be constitutional, that he was not to draft an ordinance; therefore, he has not drafted an ordinance as he is of the opinion that it would not withstand a court challenge. Mayor Pro Tem Robinson thanked City Attorney Pope for his due diligence and he thanked the Council for agreeing to have Mr. Pope research this issue. He would like to reassure those people who want to see a change made that this simply means he will go to Plan B to look at the Tennessee plan which is in effect and was signed in March of 2012; this plan would produce a state -wide ban on school children and will eventually accomplish the same thing. Mr. Robinson thanked Triton High School Principal Chip Mangum for enforcing a dress code with staff and students as it is making a difference. Council Member Galbreath thanked the citizens for coming out last month to speak about this issue. He did not agree with implementing this ordinance because he saw it as targeting a particular segment of the community. This is something that goes back to parenting; it's something that starts at home. It's up to the parent to raise a child, not the school teacher. One avenue to target this issue is the churches in the community; they could mentor and inspire young people. This ordinance could have put the police department and officers in a very uncomfortable situation to the point that they could have been accused of discrimination as well as racial profiling. He is thankful that this Council gave Mayor Pro Tern Robinson the courtesy to allow the City Attorney to research the issue and bring back information and facts. This issue is something they need to leave alone; government should not be involved in the way that someone dresses. He stated that this is a fashion statement or fad that will soon pass away just as daisy dukes, over- sized t -shirts and skinny jeans. It may not be pleasant to everybody's eyes but if it meets the approval of parents, it is the right for citizens and young people to express themselves in a decent manner. As a government body, they should stay away from this particular issue although he doesn't like it. As a community and adult, they can be a mentor or make a comment to a young person to encourage them to pull up their pants. They shouldn't be afraid of the young people; lead and guide them and let them know that they will not walk on any college campus and sport the sag. Mayor Pro Tern Robinson stated that he attempts to represent all people and he knows this issue disproportionately affects the black community but there is also collateral damage in the white community. He spoke of the high unemployment rates among black males, low graduation rates for black students and how this style produces a disproportionate number of discipline problems. He further stated that if they don't own the solution, then they're part of the problem which will eventually ensure that they will permanently have an underclass. Mayor Harris thanked the Council for allowing due process to take place with this issue and he thanked City Attorney Pope for his research and report. 259 Consideration of Ordinance to Repair or Demolish Dwelling - 503 W. Wake Street PIN #1517 -71- 1433.000 PARCEL #02151719080017 Chief Building Inspector Mike Blackmon has conducted an inspection at 503 W. Wake Street 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 Code Enforcement Officer'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 this property was once owned by Braxton Brooks Best and wife, Deborah. An inspection was done on this dwelling and it was found to be unfit for human habitation, after an elderly gentleman who lived there, fell through the bathroom floor and was taken to the hospital. During the process of finding the property unfit, it was sold to Timothy Holley and wife, Tammy. Mr. Holley bought the house with the understanding that the dwelling had been deemed unfit for human habitation by the Council. In the twelve (12) months that the statute requires this dwelling to sit, nothing has been done to this dwelling and the City has been mowing the grass. The dwelling has remained boarded up just as it was when the City boarded it up twelve (12) months ago and he is of the opinion that there is no intent in fixing this house and therefore it is before the Council. Motion by Council Member Billy Tart and seconded by Council Member Maness to adopt the Ordinance Directing the Owner of the Property located at 503 W. Wake Street (PIN #1517 -71- 1433.000) 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 -11) Directing the owner of 503 W. Wake Street 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 #7. Consideration of Ordinance to Repeal Prior Ordinances to Repair or Demolish Dwelling - 400 S. Magnolia Avenue - PIN #1516 -65- 3779.000 Parcel #02151611180001 Inspector Blackmon reported that all minimum housing code requirements have been completed at 400 S. Magnolia Avenue and there are still some on -going renovations that are above and beyond what was required by the City. A certificate of occupancy has been issued which gives them the authority to live in the house. Motion by Council Member Galbreath and seconded by Council Member Tumage to adopt an Ordinance Repealing Prior Ordinances Directing the Owner of the Property Described Herein to make the Same 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 (400 S. Magnolia Ave. — PIN #1516 -65- 3779.000). Motion unanimously approved. A copy of Ordinance (02012 -12) Repealing prior Ordinances for 400 S. Magnolia Avenue is incorporated into these minutes as Attachment #8. Major Subdivision Final Plat Approval — Four Oaks Bank Park Manager Autry stated that this is a request from Four Oaks Bank to approve the final subdivision plat for the Four Oaks Bank Park on Ashe Avenue. The final plat shall meet all applicable regulations in Chapter 20, Subdivision of Land, Article H Plats Section 20 -43, of the City of Dunn Code of Ordinances. At the December 16, 2008 meeting, the Planning Board approved the preliminary plat for this office park The property is currently zoned C -2; Shopping Center District and I -10; Restricted Industrial District. A conditional use permit was approved on August 12, 2008 with a set of conditions that shall be met before the final plat is approved. The improvements required in the subdivision ordinance of the City of Dunn, Code of Ordinances are completed and all conditions of the conditional use permit are in compliance. The Planning and Inspections Department, Public Works Director and Utilities Director have reviewed the construction plans and inspected the completed work. The Planning Board met on June 26, 2012 and voted unanimously to recommend approval of this request 260 Motion by Council Member Tumage and seconded by Council Member Billy Tart to approve the request to record the Major Subdivision Final Plat for Four Oaks Bank Park. Motion unanimously approved. Award Bank Bid for Financing Backhoe Manager Autry stated that a request for proposals was sent to local banks to finance the 2012 Tractor Loader Backhoe purchase approved by Council on August 14, 2012. This proposal is to fiance $80,000 for a period of five (5) years. The following banks submitted a proposal: Financial Institution Interest Rate Interest Paid Principal Origin. Cost Total Cost First Citizens 2.33% 5,677.85 80,000 100.00 85,777.85 BB & T 2.39% 5,826.30 80,000 - 85,826.30 Fidelity Bank 2.99% 7,319.55 80,000 400.00 87,719.55 First Federal 4.50% 11,116.66 80,000 50.00 91,166.66 The debt service payments will begin in FY 2013 -14. Motion by Council Member Maness and seconded by Council Member Tumage to award bid for financing to First Citizens Bank at a rate of 2.33% for a five -year term. Motion unanimously approved. Memorandum of Understanding between the City of Dunn and County of Harnett to Convey Property Adjacent to Tyler Park City Attorney Pope explained that as discussed by the Council during their recent workshops, Harnett County owns a building adjacent to Tyler Park; a portion of that property of which is needed as part of the Tyler Park renovation. Harnett County has agreed and already adopted this MOU to transfer title of the entire piece of property to the City of Dunn at no charge with the stipulation that the City will allow the County to continue using, at no charge, the rooms to administer the Women, Infants and Children (WIC) Program and in the event that the City elects to remove the building in which the WIC program is administered, the City agrees to provide the County with a comparable amount of space in another City- owned or leased property, at no cost to the County; however, if the County ceased providing the WIC program for a period of ninety (90) consecutive days or more, then the City would no longer have an obligation to provide them with office space. This property, more particularly described in Book 339, Page 253 of the Harnett County Registry is adjacent to Tyler Park. The City needs a portion of this property for the current renovation and expansion of Tyler Park. Motion by Council Member Galbreath and seconded by Council Member Maness to authorize the MOU between the City of Dunn and the County of Harnett to convey the property adjacent to Tyler Park Motion unanimously approved. A copy of the MOU between the City of Dunn and County of Harnett is incorporated into these minutes as Attachment #9. Mayor Pro Tem Robinson stated that there are two distinct buildings; the smaller of the two buildings, has been used for approximately seven (7) years by the National Federation of the Blind (NIB) through a lease with Harnett County. This building is used for a regular meeting site and for computer and braille classes when an instructor isn't available. He would hope that in accepting the MOU, the City would give some consideration to continuing this lease with the NFB and if this becomes an impossibility that they allow adequate time for this group of disabled individuals to locate other suitable meeting and class space. City Attorney Pope explained that the City will be obligated to honor any existing lease on the property and whenever the existing lease expires, Mayor Pro Tern Robinson is requesting the City consider extending the lease further or give the NFB sufficient opportunity to relocate. Temporary Blocking of Streets - Cotton Festival Manager Autry stated that the Touchstone Energy NC Cotton Festival Committee has submitted a request to close the following streets for the 14a' Annual Cotton Festival on November 3, 2012. Friday, Nov 2 from 7700 pm until after the festival on Nov. 3 at 8:00 pm • Broad St. from Clinton Ave. to Wilson Ave. • Wilson Ave. from Edgerton St. to the Fire Station on Harnett St. Saturday, Nov 3 from 6.00 am until 6:00 pm • Broad St. from Clinton Ave. to Layton Ave. • Edgerton St. from Clinton Ave. to Fayetteville Ave. • Wilson Ave. from Cumberland St. to the driveway at the Fire Station on Harnett. • Railroad Ave. from Cumberland St. to Harnett St. • Lucknow Ave. to Broad St. • Fayetteville Ave. from Cumberland St. to Edgerton St. • King Ave. from Cumberland St. to Edgerton St. • Layton Ave. from Cumberland St. to Edgerton St. 261 In addition, they also ask for assistance from city personnel (police, public works and parks and recreation) and that the street sweeper come through after the event on Saturday. Motion by Council Member Maness and seconded by Council Member Turnage to approve the temporary street closings as requested for the 14th Annual Touchstone Energy NC Cotton Festival. Motion unanimously approved. Voting Delegate for 2012 NCLM Business Meeting Manager Autry stated that the Annual Business Meeting of the North Carolina League of Municipalities will be held at 8:30 am on Tuesday, October 23, 2012 at the Charlotte Convention Center in Charlotte, NC. Any municipality that plans to attend must have their governing board authorize a voting delegate and an alternate voting delegate to attend this meeting in order for them to cast a vote. Manager Autry and Council Members Tumage and Galbreath plan to attend the NCLM Annual Conference. Motion by Council Member Maness and seconded by Council Member Barfield to designate Council Member Galbreath as a voting delegate and Council Member Tumage as an alternate voting delegate representing the City of Dunn, NC at the 2012 North Carolina League of Municipalities annual business meeting on Tuesday, October 23, 2012 at the Charlotte Convention Center in Charlotte, NC. Motion unanimously approved. ITEMS FOR DISCUSSION AND /OR DECISION Financial Report Finance Director Mark Stephens provided the following financial report for the period ending July 31, 2012: • As of July 31, 2012, the City had $2.1M in cash in the General Fund and $23M in the Water - Sewer Fund. In July of 2011 the City had $2.1M in the General Fund and $2.2M in the Water - Sewer Fund. • Investment earnings are in the . 15%-.08% range. • Building permit fees were $14,868 or 33.04% of budget. Benchmark for this month is 8.33% of budget. • Water and sewer revenues were $389,371 or 8.43% of budget. Benchmark for this month is 8.33% of budget. • Average fuel cost in July for unleaded was $2.65 per gallon and diesel was $2.95 per gallon. The City budgeted $3.35 per gallon. • Sales tax distribution was $0 or 0.00% of budget. Benchmark for this month is 0% of budget. • Expenditures were 7.42% of budget in the General Fund and 5.81% of budget in the Water and Sewer fund. The benchmark for this period is 8.33% of budget. Update Report for Establishing a Cemetery Committee At the July Council meeting, Mayor Pro Tem Robinson requested that the Council consider establishing a cemetery committee. Manager Autry stated that he met with Mayor Pro Tem Robinson yesterday and discussed the proposed formation of a cemetery advisory committee. Most of the cemetery boards which exist in other towns are advisory boards only, appointed by the Council and made up of citizens who provide input to the Council and Manager with regard to cemetery policies and improvements. He will submit information to the Council for their review and should Council wish to proceed with implementing such a committee, then the City Attorney would draft an ordinance. Temporary Blocking of Street — The Eleventh Hour Ministries — E. Bay Street from S. Washington Avenue to S. Elm Avenue and S. Washington Avenue from Pope Street to Bay Street A request has been received from The Eleventh Hour Ministries to close E. Bay Street from S. Washington Avenue to S. Ehn Avenue and S. Washington Avenue from Pope Street to Bay Street on Saturday, September 29, 2012 from 2:00 pm until 7:00 pm for the purpose of holding a community day. Motion by Council Member Galbreath and seconded by Council Member Billy Tart to approve the temporary street closing as requested by The Eleventh Hour Ministries. Motion unanimously approved. 262 ITEMS FOR DECISION CON'T Temporary Blocking of Street — McNeil Memorial Church — E. Canary Street from S. Elm Avenue to S. Magnolia Avenue A request has been received from McNeil Memorial Church to close E. Canary Street from S. Elm Avenue to S. Magnolia Avenue on Saturday, September 29, 2012 from 8:00 am until 5:00 pm for the purpose of holding a street fair for the neighborhood children. Motion by Council Member Galbreath and seconded by Council Member Billy Tart to approve the temporary street closing as requested by McNeil Memorial Church. Motion unanimously approved. PUBLIC COMMENT PERIOD Mayor Harris opened the floor for a (30) minute public comment period. Mayor Harris recognized that several individuals signed -up to speak about the sagging pants ordinance. He stated that he allowed individuals to speak about this issue at the August Council meeting even though it did not comply with the public comment policy. Tonight, the City Council received a report from the City Attorney on matters pertaining to a sagging pants ordinance and since the Council will not be considering a sagging pants ordinance tonight, he will not allow public comment about this issue tonight. If such an ordinance is considered in the future, a required public hearing would be held at that time. Hearing no other comments, the public comment period was closed. ADMINISTRATIVE REPORTS Motion by Mayor Pro Tern Robinson and seconded by Council Member Tumage to approve the Administrative Reports. Motion unanimously approved. ANNOUNCEMENTS The following announcements and/or comments were made. Mayor Harris: ➢ Hamett Regional Theater will be performing "Cheaper by the Dozen" on September 14, 15, 20, 21, & 22 at 7:30 pm and on September 23rd at 2:30 pm in the Stewart Theater — Downtown Dunn. • Boogie on Broad will be held on Thursday, October 4d' from 6:00 to 9`.00 pm in Downtown Dunn. • The next regular City Council meeting is scheduled for Tuesday, October 9, 2012 at 7:00 pm. ➢ The General William C. Lee Commission sponsored a showing of "Saints and Soldiers" at the Stewart Theater this past Saturday night with over 300 in attendance. Mayor Pro Tem Robinson: ➢ Lost Sheep Ministries will meet at the PAL Center to distribute school supplies, clothing and serve food on September 29, 2012 from 10 am until 4 pm. They are seeking local Barbers who will donate free haircuts to the children participating. He provided contact information for Pamela Brown with regard to this event. Council Member Galbreath: ➢ He has compiled a list of small open ditches in Wards 3 that he would like to see the City Manager and Assistant City Manager ran a cost analysis to pipe and provide to the Council. ➢ He would like for the DOT to be contacted again about analyzing the area of E. Cumberland and Washington about some type of traffic signal due to the amount of foot traffic in this area. DOT placed signs in this location but further remedies are needed. ➢ He spoke of safety concerns for pedestrians exiting the barbershop in the alley -way located across from the Daily Record because it is being used as a cut - through for vehicular traffic. He requested a cost analysis to install speed humps in this alley. Council Member Barfield: • Dunn Housing Authority vacancies have been created by the untimely death of Archie Wood and the resignation of Nathaniel Tucker due to health reasons. • He spoke about clarifying the ETJ area. With no further business to discuss, a motion was made by Council Member Barfield and seconded by Council Member Billy Tart to adjourn the meeting at 8:23 p.m. Motion unanimously approved. r QMcar N. Harris Mayor Attest: �7 / Z �J. L -z• kp *Dera. West " 9�y.' Fq l City Clerk Cq