12112012274
MINUTES
CITY OF DUNN
DUNN, NORTH CAROLINA
The City Council of the City of Dunn held a Regular Meeting on Tuesday, December 11, 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, Finance Director Mark Stephens, Public Works Director Billy Addison, Public Utilities
Director Dean Gaster, Chief Building Inspector Mike Blackmon, Planning Director Samantha
Wuflenwaber, Police Chief B.P. Jones, Recreation Director Perry Hudson, City Engineers Michael
Goliber and Robert Davis, City Attorney P. Tilghman Pope, City Clerk Debra West, and Daily
Record Reporter Brian Haney.
INVOCATION
Mayor Hams opened the meeting at 7:00 p.m. and asked Reverend Danny Meads, Associate/Pastor of Fine
Arts at Gospel Tabernacle, 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 Barfield to adopt the December
11, 2012 meeting agenda with changes, if any, as listed below.
Items Added to the Agenda:
• none
Agenda Items Removed:
• none
Motion unanimously approved.
PRESENTATIONS
Proclamation Presentation —
Honoring the Memory and Legacy of
Nathan Manly Johnson, Sr.
Mayor Harris presented a Proclamation Honoring the Memory and Legacy of Nathan Manly Johnson, Sr.
to members of the Johnson Family including his surviving children, James (Jim) Johnson and Jackie
Johnson Bissett and great grandson, P. Tilghman Pope. Mr. Oscar Aylor, Director of Development and
Area Relations for Harnett Health System was also in attendance for this presentation. A copy of
Proclamation (P2012 -27) Honoring Nathan Manly Johnson, Sr. is incorporated into these minutes as
Attachment #1.
Presentation of Advanced Certification -
Sgt. Dallas Autry
Mayor Harris and Police Chief Jones presented the Criminal Justice Education and Training Standards
Commission Advanced Law Enforcement Certificate to Sgt. Dallas Autry.
Harnett Central Fire Academy Program -
Reggie Hocutt
Mr. Reggie Hocutt, retired Lt. of the Raleigh Fire Department, and instructor for the Harnett County Fire
Academy Program currently housed on the Harnett Central High School Campus, briefed the Council about
this new program. In three (3) semesters, a student can qualify as a Level II Firefighter certified with the
State of NC upon graduation of high school. This program is open to every high school student in Harnett
County. Harnett Central High School is one of twelve schools in the State of NC that houses this pilot
program. He currently has (37) students with a 97% passing rate. This program has received donations
from volunteer fire departments through -out Harnett County, including Erwin Fire Department, Northwest
Harnett Volunteer Fire Department, and Summerville and Bunnlevel Fire Departments. He hopes to
expand this program into every high school and next year, he plans to add EMT Training. He would like to
make the community aware of this program.
Dunn Emergency Services Director Gary Whitman spoke in support of this program. He stated that as a
member of the State Fire Commission, this program was authorized a few years ago and it has worked well.
He hopes the program will expand rapidly and is effective in providing personnel to area fire departments.
PUBLIC COMMENT PERIOD
Mayor Harris opened the floor for a (30) minute public comment period
Hearing no continents, the public comment period was closed.
Mayor Harris opened public hearings at 7:30 p.m.
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Rezoning Request PZ -04 -12
Glynn & Jan Jernigan
PIN #1516 -48- 0575.000
708 W. 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 Glynn & Jan Jernigan to rezone a parcel of land, totaling .49 t acres,
located at 708 W. Cumberland Street.
This property is currently zoned O & I; Office & Institutional District and is requested to be rezoned to
C -3; Highway Commercial District.
The public hearing was duly advertised on November 20`" & 27'" , 2012.
Mayor Harris asked if there was anyone present who wished to speak for or against this rezoning request.
Ms. Jan Jernigan, co -owner of the property, 100 Windsor Drive, Dunn — She stated that it is her wish to
rezone this property to open a Designer Resale Boutique to offer nice clothing, accessories and jewelry at
an affordable price. This will provide an opportunity for employment. With the sluggish economy, she has
not been able to sell or lease this property.
Hearing no further comments, Mayor Harris closed the public hearing at 7:35 pm
Minutes — Council considered approval of minutes of the November 13, 2012 City Council meeting.
Motion by Council Member Galbreath and seconded by Council Member Tumage to approve all consent
items. Motion unanimously approved.
ITEMS FOR DECISION
Audit Report
Fiscal Year 2011 -12
Auditor Phyllis Pearson of Petway, Mills & Pearson, PA gave a short summary of the FY 2011 -2012 audit
for the City of Dunn:
Reports
• Unqualified audit opinion — best audit report auditors give
• Unqualified audit opinion on an audit conducted under government auditing
standards
• Unqualified audit opinion on compliance with state /federal program requirements
Governmental Activities
• Total assets - $113M
• Total Liabilities - $7.OM
• Total net assets - $4.7M
• Total revenues - $83M
• Total expenses - $8.9M
Business -Type Activities (Water and Sewer Fund)
• Total assets - $30.4M
• Total liabilities - $10.7M
• Total net assets - $19.6M
• Total revenues - $5.7M
• Total expenses - $4.OM
General Fund
• Total assets - $3.9M
• Total liabilities - $498,976
• Total fund balances - $3.4M
• Total revenues - $8.6M
• Total expenditures - $8.5M
Unassigned Fund Balance
• As of June 30, 2012 - $2.1M (well above the statutory requirement)
• Statutory requirement — 8% of prior year expenditures
• City meets and exceeds requirements
Findings
• No changes in significant accounting policies
• No changes in use of estimates
• Most sensitive disclosures in the financial statements dealt with capital assets and
debt
• Our adjustments limited to adjustments to convert books to accrual basis of
accounting for GASB 34 presentation.
• Recorded liability for post - employment benefits for year of $1,030,690 due to GASB
requirements
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• No disagreements with management
• Management's representation letter was signed timely and promptly
• Report was submitted timely to LGC
• No uncorrected misstatements
Motion by Mayor Pro Tern Robinson and seconded by Council Member Maness to approve the audit
report. Motion unanimously approved.
Rezoning Request PZ-04 -12
Glynn & Jan Jernigan
PIN #1516 -48- 0575.000
708 W. Cumberland Street
Manager Autry stated that this is a request to rezone a parcel of land, totaling .49f acres, located at 708 W.
Cumberland Street. This property is currently zoned O & I; Office & Institutional District and is requested
to be rezoned to C -3; Highway Commercial District.
The Planning Board met on November 27, 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 recommend approval of this request.
Motion by Council Member Tumage and seconded by Council Member Barfield to approve the request
from Glynn & Jan Jernigan to rezone a parcel of land (PIN #1516 -48- 0575.000) totaling .49f acres and
located at 708 W. Cumberland Street from O & I; Office & Institutional District to C -3; Highway
Commercial District based on the following justification:
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 four of the Land Use Plan.
2) The amendment is not inconsistent with the adjoining and surrounding land uses which are
commercial in nature.
3) The permitted uses in the C -3 District are not considered detrimental to the area and would be
beneficial to the entire community.
Motion unanimously approved.
Consideration of Resolution to
Award Bid —
N. Clinton Avenue -
US 301 Sidewalk Project
Sealed bids for the N. Clinton Avenue US 301 Sidewalk Project were received and opened by the City of
Dunn on Friday, December 7, 2012 at 10:00 am in the courtroom of the Municipal Building.
Assistant City Manager Neuschafer explained that at the bid opening, the City did not receive a qualified
bid. After speaking with NCDOT, the project will be re -bid after the first of the year.
No action required by Council at this time.
Consideration of Resolution
Adopting the 2013 Regular Meeting
Schedule for the City of Dunn
City Council
A resolution establishing the City Council meeting dates for 2013 was considered by the Council.
Motion by Council Member Barfield and seconded by Council Member Billy Tart to adopt a Resolution
Establishing the 2013 Regular Meeting Schedule for the Dunn City Council. Motion unanimously
approved. A copy of Resolution (R2012 -26) Establishing the 2013 regular meeting schedule is
incorporated into these minutes as Attachment #2.
Consideration of Resolution Accepting
Donation of Certain Real Property —
10.69 acres Located Adjacent to the
City of Dunn Wastewater Treatment Plant —
PIN #1506 -82- 3360.000 —PARCEL #021505 014212
Manager Autry explained that the Council is being asked to adopt this resolution accepting donation of a
10.69 acre parcel of property owned by Charles Carpenter. Mr. Carpenter offered to donate this property to
the City of Dunn approximately one year ago. The property is located adjacent to the Wastewater
Treatment Plant.
Mayor Harris asked Manager Autry to request a copy of the appraisal.
Motion by Council Member Maness and seconded by Council Member Turnage to adopt the Resolution
Accepting the Donation of Certain Real Property — 10.69 acres located adjacent to the City of Dunn
Wastewater Treatment Plant — PIN #1506 -82- 3360.000 — PARCEL #021505 0142 12. Motion
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unanimously approved. A copy of Resolution (R2012 -27) Accepting the Donation of Certain Real
Property is incorporated into these minutes as Attachment #3.
Consideration of Resolution Authorizing
Lease to Harnett High School Alumni
Association
City Attorney Pope stated that the National Harnett High School Alumni Association sub - leased this
property from the City of Dunn back when it was owned by Harnett County and since the property was
transferred to the City of Dunn in 2009, they have continued to lease this property. This lease was last
renewed in January of 2012 and will expire in December of 2012. There have been no changes in the terms
or conditions of the lease since it was last approved by the Council. Since this lease is for a period of less
than one (1) year (December 11, 2012 until December 10, 2013), no public notice is required.
Mayor Harris stated that this lease agreement will not conflict with the application that has been filed for
the Harnett Training School Campus Project.
Motion by Mayor Pro Tem Robinson and seconded by Council Member Galbreath to approve the
Resolution Authorizing Lease to National Harnett High Alumni Association for a period of less than one
year. Motion unanimously approved. A copy of Resolution (R2012 -28) and lease agreement is
incorporated into these minutes as Attachment #4.
Approval of Pledge and
Naming Rights Agreement —
Tyler Park Project
City Attorney Pope stated that earlier this year, the Council approved a resolution establishing the level of
pledges in exchange for the naming rights of various different facilities at Tyler Park. As part of the
resolution, the Council approved the Pledge and Naming Rights Agreement. This agreement contained a
time limitation, that after twenty-five (25) years, the City would have the option, but not the obligation or
the requirement, to consider changing the name.
Attorney Pope stated that the Council is being asked to approve the Pledge and Naming Rights Agreement
between the City of Dunn and Eli Frank Maness, III and wife, Shelia H. Maness.
Attorney Pope stated that Council Member Maness did inquire of him if it was a conflict of interest for him
to vote on this issue and he advised Mr. Maness that in his opinion, there is not a conflict of interest for him
to vote because all of these documents were previously approved by the Council.
Mayor Harris pointed out that the Council set the criteria that Tyler Park will not be re -named and the Tyler
Park name is not being changed.
City Attorney Pope explained that the minutes of the Council have been very clear that there is no intent to
change the name of Tyler Park. This contract does not and will not change the name of the park. Any
Naming Rights approved by Council are for various facilities at Tyler Park.
This pledge for naming rights in the amount of $300,000 will be paid in full by December 31, 2012. The
proposed intended name which the donor wishes to display at the Athletic Complex at Tyler Park is
Nathan Harris Athletic Complex at Tyler Park.
Motion by Mayor Pro Tem Robinson and seconded by Council Member Turnage to approve the Pledge and
Naming Rights Agreement between the City of Dunn and Eli Frank Maness, III and wife, Shelia H.
Maness. Motion unanimously approved. A copy of the Pledge and Naming Rights Agreement is
incorporated into these minutes as Attachment #5.
Council Member Maness stated that he was out of town on Friday when Daily Record Reporter Brian
Haney called to ask for his comments and the article about the naming rights was in the Monday edition of
The Daily Record.
Council Member Maness read the following comments from his wife, Shelia Harris:
"The Dunn community poured out love like my family and I have never experienced during the tragic death
ofmy brother and his family. All ofthe love the community gave to us could not bring back my brother and
his family but the community love helped us grieve and continues to help us heal. This is why we thought it
would be a great tribute to Nathan and the community to be a part of helping build something bigger and
better for all children of this community. You see, Nathan enjoyed the park and the old armory and the
schools in this area and it just seemed to fit. We pray this venture of ours will share the joy Nathan, our
children, Buddy and I, had in making wonderful childhood memories with other families. It is our desire to
honor my brother's memory with something like this because we know he loved his children and he loved to
see them laughing and having fun. He loved seeing our children the same way. Nathan just loved helping
children of all ages have fun and enjoyed seeing them use the abilities that the Lord gave them. That is
why we're doing this. "
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ITEMS FOR DISCUSSION
AND /OR DECISION
Financial Report
Finance Director Mark Stephens provided the following financial report for the period ending October 31,
2012:
• As of October 31, 2012, the City had $1.9M in cash in the General Fund and $2.2M in the Water -
Sewer Fund. In October of 2011 the City had SIAM in the General Fund and $2.5M in the Water -
Sewer Fund.
• Investment earnings are in the .15 % -.08% range.
• Building permit fees were $37,337 or 82.97% of budget. Benchmark for this month is 33.34% of
budget.
• Water and sewer revenues were $1,479,629.93 or 32.06% of budget. Benchmark for this month is
33.34% of budget. Water is now being sold to Eastover Sanitary District and it is expected that
revenues will increase in the Water and Sewer fund.
• Average fuel cost in October for unleaded was $3.03 per gallon and diesel was $3.37 per gallon.
The City budgeted $3.35 per gallon.
• Sales tax revenue was $371,207 or 27.29% of budget. Benchmark for this month is 25.00% of
budget.
• Expenditures were 31.76% of budget in the General Fund and 29.44% of budget in the Water and
Sewer fund. The benchmark for this period is 33.34% of budget.
• Internet caf6 revenues have been positive for the City; however, it's hard to predict if the City will
be able to collect these funds in the future.
Consideration to Rotate the
Mayor Pro Tem Position
Council Member Tumage stated that based upon his demonstrative performance and the potential for
increased responsibility, he would offer a motion to appoint Council Member Bryan Galbreath as Mayor
Pro Tem in accordance with N.C.G.S. 160A -70. Council Member Billy Tart seconded the motion.
Motion carried 5 -1.
Ayes
Turnage
Tart
Maness
Robinson
Galbreath
Nays
Barfield
Mayor Hams thanked Council Member Robinson for his five (5) years of service as Mayor Pro Tem,
adding that he deeply appreciated the commitment and contributions he has made to the City as Mayor Pro
Tem.
ADMINISTRATIVE REPORTS
Motion by Mayor Pro Tem Galbreath and seconded by Council Member Maness 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 Monday, December 24"', Tuesday, December 25th and
Wednesday, December 26� for Christmas.
➢ City of Dunn offices will be closed on Tuesday, January I" for New Year's Day.
The next regular City Council meeting is scheduled for Tuesday, January 8, 2013 at 7:00 pm.
➢ He will present. a Key to the City to Dr. Tan, Principal of Tunku Abdul Rahman (TAR) College in
Kuala Lumpur, Malaysia in honor of his visit to the City of Dunn on Friday, December 14, 2012.
TAR has been in a collaborative partnership with Campbell University since 1978. With no
objections from the Council, Mayor Harris will have the inscription on the key state that Dunn is
"The Gateway to Campbell University" and in the future, he would like a mutual resolution
between Campbell University and the City of Dunn recognizing the City as "The Gateway to
Campbell University." He plans to attend the graduation of Campbell students on the TAR -
Malaysia campus in October of 2013.
➢ Wished all citizens of Dunn a very Merry Christmas and a Happy, prosperous and healthy New
Year.
➢ Dedication of the new Central Hospital in Liliington will be held in January of 2013.
➢ Downtown Revitalization Dedication Ceremony is planned for the spring of 2013.
➢ Dedication of Campbell University School of Osteopathic Medicine is planned for the summer of
2013. The first class (162 students) will begin in August of 2013.
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➢ Thanked the City Manager and department heads for the job they do managing the City and the
employees for providing the quality of services for less. He appreciates all the employees of the
City and he thanked the citizens for their spirit of cooperation toward the Mayor, Council and City
Manager's office. 4
Council Member Maness:
➢ Wished all citizens a very Merry Christmas and healthy prosperous New Year.
Council Member Robinson:
➢ Wished all the citizens of Dunn a very Merry Christmas and Happy New Year.
➢ Hopes that 2013 will be a very progressive year for the City.
➢ The Downtown looks great.
➢ Thanked members of the Council for allowing him to have served as Mayor Pro Tem. It was an
honor.
Mayor Pro Tem Galbreath:
➢ Wished all the citizens and City staff a Merry Christmas and Happy New Year.
➢ Thanked Council Member Robinson for his years of service as Mayor Pro Tem.
➢ Looks forward to working with the Mayor and City Manager very closely over the next year.
Council Member Billy Tart:
➢ Wished everyone a Merry Christmas and Happy New Year.
➢ Thanked all fellow Council members and employees for what they do for the City.
Council Member Turnage:
➢ Great crowd at the Dunn Christmas Parade. The Downtown area looks fantastic.
Y Thanked all the employees for making the City look great.
➢ Wished everyone a Merry Christmas and Happy New Year.
Council Member Barfield:
➢ Wished everyone a Merry Christmas.
➢ Spoke to Manager Autry tonight and he was informed that the rest of the Christmas lights will be
working in January; adding that he doesn't know what the problem is to attach the wires.
➢ Asked that everyone remember the Walter Dafford Family in prayer. Mr. Dafford, who recently
passed, was a great contributor to the City's growth over the years.
Manager Autry:
➢ On behalf of the City staff, he wished all the citizens of Dunn a Merry Christmas and a happy
prosperous New Year. The City staff looks forward to serving the citizens to increase then quality
of living in the City of Dunn.
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 8:14 p.m. Motion unanimously approved.
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Attest:
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Debra G. West
City Clerk
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O car N. Harris
Mayor