11132012267
MINUTES
CITY OF DUNN
DUNN, NORTH CAROLINA
The City Council of the City of Dunn held a Regular Meeting on Tuesday, November 13, 2012, at
7:00 p.m. in the Dunn Municipal Building. Present was Mayor Oscar N. Harris, Mayor Pro Tem N.
Carnell Robinson, Council Members Buddy Maness, Bryan Galbreath, Billy Tart, Chuck Turnage
and Billy Barfield. Also present was City Manager Ronnie Autry, Assistant City Manager Steven
Neuschafer, Public Works Director Billy Addison, Public Utilities Director Dean Gaster, Human
Resources Director Anne Thompson, Chief Building Inspector Mike Blackmon, Planning Director
Samantha Wullenwaber, Police Captain Jimmy Pope, Librarian Mike Williams, City Engineer
Michael Goliber, City Clerk Debra West and Daily Record Reporter Brian Haney.
Attorney Wiley Pope was present in the absence of City Attorney P. Tilghman Pope.
INVOCATION
Mayor Harris opened the meeting at 7:00 p.m. and asked Police Chaplain Reverend Roy Johnson to give
the invocation. Afterwards, the Pledge of Allegiance was repeated.
AGENDA ADJUSTMENT AND APPROVAL
Motion by Mayor Pro Tem Robinson and seconded by Council Member Galbreath to adopt the November
13, 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 —
Home Care and Hospice Month 2012
Mayor Harris presented a Proclamation recognizing the month of November as Home Care and Hospice
Month to Carmen Fagler of United Hospice of Eastern NC and to Lee Malone of Hospice of Harnett
County. A copy of Proclamation (P20I2 -25) recognizing Home Care and Hospice Month is incorporated
into these minutes as Attachment W.
PUBLIC COMMENT PERIOD
Mayor Harris opened the floor for a (30) minute public comment period.
The following three (3) individuals requested to speak about adopting a golf cart ordnance:
Mr. Charles Hardy, 405 S. Wilson Avenue, Dunn
Mr. Tony Paul Beasley, 2002 S. Elm Avenue, Dunn
Mr. Gary Beasley, 567 Ammons Road, Dunn
Mayor Harris stated that since the subject matter is the same for all who requested to speak, he asked if they
would consider appointing one spokesperson to speak on behalf of the entire group.
Spokesperson Mr. Tony Paul Beasley, 2002 S. Elm Avenue, Dunn, NC requested that the Council consider
legalizing golf carts in the City of Dunn. He has had health problems and this means of transportation
would be helpful for him to maneuver around town instead of a vehicle.
Hearing no further comments, the public comment period was closed.
Mayor Harris opened public hearings at 7:16 p.m.
PUBLIC HEARINGS
Rezoning Request PZ-03 -12
Dottie Driver
PIN #1516 -76- 2303.000
Northwest corner of S. Elm Avenue and
E. Cumberland Street
Mayor Harris stated that the public has been notified that oral and written comments will be heard and
received concerning the request by Dottie Driver to rezone a parcel of land, totaling .33 f acres, located at
the northwest comer of S. Elm Avenue and E. Cumberland Street.
This property is currently zoned R -7; Single Family Dwelling District and is requested to be rezoned to
C -3; Highway Commercial District.
The public hearing was duly advertised on October 16" , 30'h and November 6", 2012
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The Planning Board met on October 23, 2012 and voted unanimously to recommend the property be
rezoned from R -7; Single Family Dwelling District to C -1; Central Commercial District (different from the
requested C -3).
Mayor Harris asked if there was anyone present who wished to speak for or against this rezoning request.
Hearing no comments, Mayor Hams closed the public hearing.
Conditional Zoning Request CZ -01 -12
Steven Kyle Brewington
PIN #1516 -38- 2882.000
1001 W. Cumberland Street
{Request by applicant to withdraw petition)
The public was notified on October 16, 2012 of the request for a conditional zoning application by Steven
Brewington at 1001 W. Cumberland Street. The applicant and property owner decided to withdraw the
application on October 22, 2012 due to opposition from neighboring property owners. The applicant
withdrew the application before the Planning Board meeting and no one was present to speak on the
request, therefore no action was taken.
Proposal to Apply to NCDCI for
Catalyst Funds
Mayor Harris stated that the public has been notified that the City Council will hold a public hearing for the
purpose of receiving citizen input into the proposal to apply to the North Carolina Department of
Commerce Community Investment and Assistance ( NCDCI) for Catalyst Funds in the amount of $500,000
to aid in the overall redevelopment of the Northeast Dunn Revitalization area, including the Harnett
Training School Campus.
The North Carolina Catalyst Program provides a non - entitlement municipality or county the opportunity to
tailor a project to meet the community development needs specific and most critical to their locality,
primarily for their low- and moderate - income residents.
The public hearing was duly advertised on October 31, 2012.
Mayor Harris asked if there was anyone present who wished to speak for or against the proposal to apply
for Catalyst Funds.
Hearing no comments, Mayor Harris closed public hearings at 7:19 p.m.
Mayor Harris welcomed and recognized Harnett County Commissioner Gary House who was present in
the audience.
Minutes — Council considered approval of minutes of the October 9, 2012 City Council meeting
Municipal Records Retention Resolution — Council considered a resolution approving the NC Municipal
Records Retention and Disposition Schedule issued September 10, 2012 by the NC Department of Cultural
Resources Archives and Records Section. A copy of Resolution (R2012 -21) approving the NC Municipal
Records Retention and Disposition Schedule is incorporated into these minutes as Attachment V.
Motion by Council Member Galbreath and seconded by Council Member Billy Tart to approve all consent
items. Motion unanimously approved.
ITEMS FOR DECISION
Rezoning Request PZ -03 -12
Dottie Driver
PIN #1516 -76- 2303.000
Northwest corner of S. Elm Avenue and
E. Cumberland Street
Manager Autry stated that this is a request to rezone a parcel of land, totaling .33f acres, located at the
Northwest comer of S. Elm Avenue and E. Cumberland Street. This property is currently zoned R -7; Single
Family Dwelling District and is requested to be rezoned to C -3; Highway Commercial District.
The Planning Board met on October 23, 2012, to review the request and ask for comments from the public.
After hearing comments from the public and the request from the applicant, the Planning Board voted
unanimously to amend the proposed district and recommended the property be rezoned from R -7; Single
Family Dwelling District to C -1; Central Commercial District. The board agreed that the close proximity
to the downtown district, a C -1 zoning would be consistent and ideal in this area. The applicant agreed to
the change.
Motion by Council Member Tumage and seconded by Council Member Barfield to approve the request
from Dottie Driver to rezone a parcel of land (PIN #1516 -76- 2303.000) totaling .33f acres and located at
the Northwest comer of S. Elm Avenue and E. Cumberland Street from R -7; Single Family Dwelling
District to C -1; Central Commercial District based on the following justification:
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1) The City of Dunn Land Use Plan identifies this area as commercial on the future land use map.
This property is located in area two of the Land Use Plan. This property is within the downtown
municipal district and the downtown historic district.
2) The amendment is not inconsistent with the adjoining and surrounding land uses which are
commercial.
3) The permitted uses in the C -1 District are not considered detrimental to the area and would be
beneficial to the entire community.
Motion unanimously approved.
Consideration of Resolution
Approving NC Catalyst Grant Application —
Harnett Training School Campus/
Northeast Dunn Community Revitalization Area
This resolution will authorize the Mayor and City Manager to file an application on behalf of the City of
Dunn with the North Carolina Department of Commerce Community Investment and Assistance (NCDCI)
for Catalyst Funds in the amount of $500,000 to aid in the overall redevelopment of the Northeast Dunn
Revitalization area, including the Harnett Training School Campus.
Deadline for submission of the DCI application is November 306.
Previously, the Council held two public hearings to allow citizen participation at the February 7, 2012 and
the March 13, 2012 Council meetings and submitted a DCI application before the April 30, 2012 deadline;
however, the City was not funded.
In order to apply for this grant funding again, another public hearing is necessary to allow citizen
participation. The scope of the project has expanded to also include the Northeast Dunn Community
Revitalization area which will give the City additional points toward funding.
This is a non - matching grant.
Motion by Council Member Maness and seconded by Council Member Billy Tart to adopt a Resolution
Approving the NC Catalyst Grant Application. Motion unanimously approved. A copy of Resolution
(R2012 -22) Approving the NC Catalyst Grant Application for the Harnett Training School Campus Project
and Northeast Dunn Community Revitalization area is incorporated into these minutes as Attachment 93.
Resolution for a NCDOT
Bicycle Plan Planning Grant
Planning Director Samantha Wullenwaber explained that this is a reimbursement grant that provides funds
to develop a comprehensive bicycle plan to establish shovel ready projects.
The City of Dunn is partnering with the Town of Erwin, to include their jurisdiction in the bicycle plan due
to the close proximity of the two municipalities.
These funds are for the hiring of a third party consultant, who specializes in transportation issues. Their
work will be supported and supplemented by the Planning Department.
This is an 80% reimbursement grant limited to a $28,000 portion from NCDOT. The City of Dunn shall
develop a Bicycle Comprehensive Plan at an estimated cost of $35,000 and NCDOT will reimburse the
City of Dunn 80% of the actual costs, in an amount not to exceed $28,000.
The Town of Erwin is not financially contributing to the grant; however, they will be included to broaden
the scope of the project to include a larger region and use the already established Dunn -Erwin Rail Trail as
an asset to the City of Dunn application.
The maximum amount the City of Dunn will incur is $7,000.
Planner Wullenwaber explained that once the grant is awarded, the City of Dunn will be given eighteen
(18) months to have a plan in place. Steering committee meetings will be held and input from the public
will be heard before a plan is established. The final plan will be adopted by the Council.
Council Member Turnage requested that this plan articulate to the Council and to the citizens, the
feasibility of it coming to fruition.
Council Members Maness and Galbreath requested that the Town of Erwin be asked to contribute
monetarily equally in this study since this is a joint partnership.
Discussion was held about the need to ask the Town of Erwin to pay half of the $7,000 cost. Discussion
was held that the scope of this grant only involves the connector to the Erwin corridor and is not all
inclusive for the Town of Erwin as it is for the City of Dunn. Deadline for this application is December
15, 2012. Planner Wullenwaber will bring back to the December Council meeting, a resolution reflecting
whether or not the Town of Erwin will participate in the grant.
With no objections, Mayor Harris deferred this item of business to the December Council meeting
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Resolution to Apply for a
EPA Brownfield's Assessment Grant
Manager Autry explained that the City is seeking to apply for a US Environmental Protection Agency
(EPA) Brownfields Grant. This is a 100% federally funded grant and is designed to work together with the
EPA in a timely manner to prevent, assess, and create the opportunity for reuse abandoned or contaminated
properties.
If awarded, the City would hire a consultant who specializes in EPA Brownfield Assessment Grants, to
assist in the Grant.
The City has multiple abandoned industrial sites, old gas stations, and other areas with potential hazardous
substances and petroleum pollution. This grant would allow for the assessment of those properties and
create a plan that would demonstrate precisely what is needed to clean up the site and redevelop it. This is
a great tool that could potentially create new parks, greenways, museums, etc. and attract new business to
Dunn.
There are no matching funds required by the City
Mayor Pro Tem Robinson asked Planner Wullenwaber how many sites are being considered. Ms.
Wullenwaber responded that currently there are twelve (12) properties identified. She added that a steering
committee process will be used and the public will be included in identifying other contaminated sites. A
property owner must give approval before their property can be evaluated.
This program will allow potential developers to be aware of any associated cost to de- contaminate a
property before they investment in a property.
Motion by Council Member Maness and seconded by Council Member Billy Tart to approve the resolution
to apply for the EPA Brownfields Assessment Grant. Motion unanimously approved. A copy of
Resolution (R2012 -23) to apply for the EPA Brownfields Assessment Grant is incorporated into these
minutes as Attachment #4.
Consideration of Municipal Agreement with
NCDOT for Landscape Plantings on
Hwy 55 and the corner of W. Broad & W. Cumberland Street
Planning Director Wullenwaber explained that the Council is being asked to approve the municipal
agreement for landscaping on the new portion of Hwy 55 and at the corner of W. Broad Street and W.
Cumberland Street.
The City of Dunn requested enhancement funds from the NCDOT for the design and installation of
landscape plantings. Two designs were chosen by landscape architects and approved by the Planning
Department and NCDOT.
The two projects are 100% funded by the NCDOT. NCDOT will be responsible for maintenance of these
two areas for the first two years. After two years, it will be the City's responsibility to maintain the
landscaping.
If approved, planting will begin on both projects within one month with an estimated completion date of
early spring 2013.
There is no cost to the City
Motion by Council Member Barfield and seconded by Council Member Turnage to approve the municipal
agreement with NCDOT. Motion unanimously approved. A copy of the Municipal Agreement with
NCDOTfor Landscape Plantings is incorporated into these minutes as Attachment #5.
Consideration of Resolution to
Apply for a Stormwater System Study Grant
Manager Autry explained that the Council is being asked to approve a resolution to apply for a Stormwater
System Study Grant with the North Carolina Department of Environment and Natural Resources - Division
of Water Resources (NCDENR -DWR). This grant will consist of an engineering study of the stormwater
system to assist the City with identifying and resolving multiple drainage problems within each of the
City's watersheds; particularly Juniper Creek erosion and flooding, Divine Street erosion and flooding and
Carr Street flooding.
The study will also assist with developing a plan for financing the solutions and maintenance of the
stormwater system.
Deadline for submission of the grant application is January 1, 2013 with a tentative notice of award in April
of 2013.
The cost to the City is up to $30,000 or 50% of the study costs (or non - federal portion), whichever is less.
Total grant amount is $60,000 (50% of fee to be paid through NCDENR Water Resources Development
Grant Program. If approved, funds will be allocated in the FY 2013 -14 Budget.
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Motion by Council Member Turnage and seconded by Council Member Maness to approve the resolution
to apply for a Stormwater System Study Grant with NCDENR -DWR. Motion unanimously approved. A
copy of Resolution (R2012 -24) to apply for a. Stormwater System Study Grant is incorporated into these
minutes as Attachment #6.
Consideration of Resolution Approving Terms of
Re- Financing — Dr. P.K. Vyas Recreation Center
Manager Autry explained that this proposed resolution will lower the current interest rate for the Dr. P.K.
Vyas Recreation Center loan.
The Dr. P.K. Vyas Recreation Center loan has seven years remaining and an outstanding balance of
$443,333.00. The current interest rate on this loan is 4.17 %. BB & T, who is currently servicing the loan,
has proposed to lower the interest to 2.39 %. This would save the City $31,565.33 in interest cost. There is
a loan modification cost of $3,700 which will be paid out of this years' budget. There is no LGC approval
required for the re- financing.
Motion by Council Member Billy Tart and seconded by Council Member Maness to adopt the resolution
approving terms of re- financing with BB & T. Motion unanimously approved. A copy of Resolution
(R2012 -25) Approving Terms of Re-financing the Dr. P.K. Vyas Recreation Center is incorporated into
these minutes as Attachment #7.
Authorization for Community Service Contribution to
Friends of the Howard House — FY 12 -13
Manager Autry stated that the Friends of the Howard House officially requested a donation of $5,000 to
continue their payment for the restoration project of the Howard House. The City of Dunn has provided
funding to the Friends of the Howard House in the past.
Motion by Council Member Tumage and seconded by Council Member Barfield to authorize a community
service contribution to the Friends of the Howard House in the amount of $5,000. Motion unanimously
approved.
Trustee's Cancellation for the
Deed of Trust —
410 N. Magnolia Avenue
Attorney Wiley Pope explained that the City Council is being asked to release the lien in the amount of
$28,480.00 for the property located at 410 N. Magnolia Avenue and owned by Christine McGill. This
particular property was rehabilitated in 1997 under the Small Cities Community Development Block Grant
Program administered by the State of North Carolina, Department of Commerce, Division of Community
Assistance and is recorded in Harnett County at Book 1222, Page 376, dated August 13, 1997.
The terms of the loan have been satisfied and therefore, the Council is being asked to authorize the Mayor
to execute the Notice of Satisfaction of Deed of Trust.
Motion by Mayor Pro Tem Robinson and seconded by Council Member Barfield to authorize Mayor Hams
to execute the Notice of Satisfaction of Deed of Trust for Christine McGill, 410 N. Magnolia Avenue.
Motion unanimously approved. A copy of the Notice of Satisfaction of Deed of Trust is incorporated into
these minutes as Attachment #8.
Mayoral Board Appointments
Dunn Housing Authority
Mayor Harris made the following appointments to the Dunn Housing Authority to fill two vacancies that
were created by the recent passing of board members Mr. Nathaniel Tucker and Mr. Archie Wood:
Mr. Eddie Draughon will serve the unexpired term of Mr. Nathaniel Tucker ending June 30, 2016.
Ms. Evelyn (Lois) Dail will serve the unexpired term of Mr. Archie Wood ending June 30, 2014.
Amendment to the
City of Dunn Personnel Policy and
Adoption of 457 (Deferred Compensation) Plan
Manager Autry explained that the Council is being asked to approve the following changes to the City of
Dunn Personnel Policy:
(Article V1, Sections 5 & 6) — Currently, the City requires a 6 month waiting period before regular full -time
employees are eligible to enroll in the North Carolina Local Government Employees Retirement System
and the 401k plan.
If the current six (6) month waiting period is eliminated, employees would be eligible to participate on their
date of hire. This would also allow current and previous employees who waited six (6) months, the
opportunity to purchase that time for service credit toward retirement.
(Article V11, Section 16) — Currently, the City uses a calendar year (Jan-Dec) for tracking FMLA time used.
Changing to a "rolling year" would be a more accurate tracking method. This method would measure
backward from the date of the last FMLA time used.
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Add Military Family Leave Entitlement to FMLA qualifying leaves. The National Defense Authorization
Act was amended in 2008 to add the military leave entitlements. This leave is listed on the DOL -FMLA
forms that the City currently uses but the City's Personnel Policy has not been amended. By adding this
leave, the City's policy would be in compliance with the Family Medical Leave Act.
457 Plan — The City would offer a deferred compensation plan (457). This plan would be an added benefit
for employees at no cost to the City. Full -time and part-time employees would be eligible to participate.
This plan also allows for early withdrawal (before age 59 %:) without the 10% federal income tax penalty.
This plan is available exclusively to NC public employees.
The majority of municipalities currently use the date of hire for eligibility date to enroll in the NCLGERS
and 401k plan. The NCLGERS handbook states that employees become members on their date of hire.
As prescribed by North Carolina State Law, law enforcement officers are already eligible to participate on
their first day of employment.
Motion by Council Member Barfield and seconded by Council Member Turnage to amend the City of
Dunn Personnel Policy to eliminate the six (6) month waiting period for enrollment in the NCLGERS and
401k plan, change the FMLA calendar year to a "rolling" 12 month tracking, add Military Leave
Entitlement to FMLA qualifying events, and adopt the 457 plan. Motion unanimously approved.
A copy of the Personnel Policy amendments is incorporated into these minutes as Attachment #9.
Temporary Blocking of Street
Annual Downtown Christmas
Tree Lighting Ceremony
The Downtown Dunn Development Corporation, DACC and Dunn Tourism Authority are requesting to
close E. Broad Street from Clinton Avenue to Wilson Avenue and Wilson Avenue from Cumberland Street
to Edgerton Street from 5:00 pm — 7:00 pm on Thursday, November 29, 2012 to hold the annual Christmas
Tree Lighting Ceremony.
Motion by Council Member Maness and seconded by Council Member Galbreath to approve the temporary
street closing as requested for the annual Christmas Tree Lighting Ceremony. Motion unanimously
approved.
ITEMS FOR DISCUSSION
AND /OR DECISION
Financial Report
The following financial report was provided for the period ending September 30, 2012:
• As of September 30, 2012, the City had $2.2M in cash in the General Fund and $2.OM in the
Water -Sewer Fund. In September of 2011 the City had $1.8M in the General Fund and $2.4M in
the Water -Sewer Fund.
• Investment earnings are in the .15 % -.08% range.
• Building permit fees were $33,194 or 73.76% of budget. Benchmark for this month is 25.00% of
budget.
• Water and sewer revenues were $1,149,706 or 24.91% of budget. Benchmark for this month is
25.00% of budget.
• Average fuel cost in September for unleaded was $3.07 per gallon and diesel was $3.35 per gallon.
The City budgeted $3.35 per gallon.
• Sales tax distribution was $263,462 or 19.37% of budget. Benchmark for this month is 16.67% of
budget.
• Expenditures were 23.03% of budget in the General Fund and 22.80% of budget in the Water and
Sewer fund. The benchmark for this period is 25.00 % of budget.
• The audit has been submitted and the audit report will be presented at the December Council
meeting.
ADMINISTRATIVE REPORTS
Motion by Council Member Barfield and seconded by Council Member Galbreath to accept 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 November 22nd and 23d for Thanksgiving.
➢ Annual Downtown Christmas Tree Lighting Ceremony will be held on Thursday, November 29th
at 6:00 pm.
➢ Dunn Christmas Parade will be held on Saturday, December I' at 3:00 pm in Downtown Dunn.
➢ The next regular City Council meeting is scheduled for Tuesday, December 11, 2012 at 7:00 pm.
➢ Veterans Day Commemoration was held on Sunday, November 11th at the General William C. Lee
Museum.
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Council Member Barfield:
➢ Shriners 2012 Fall Ceremonial will be held in Dunn this weekend and the Shrine Parade will be
held in Downtown Dunn on Saturday, November 17th at 11:30 am.
Council Member Galbreath:
➢ Recognized the Police Department and officers for the great job they are doing with the Police
Explorers Cadet Program. He recently attended a cadet ceremony where approximately 20 cadets
were promoted.
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 8:00 p.m. Motion unanimously approved.
Attest:
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