02122013285
MINUTES
CITY OF DUNN
DUNN, NORTH CAROLINA
The City Council of the City of Dunn held a Regular Meeting on Tuesday, February 12, 2013, at 7:00
p.m. in the Dunn Municipal Building. Present was Mayor Oscar N. Harris, Mayor Pro Tem Bryan
Galbreath, Council Members Buddy Maness, N. Carnell Robinson, 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
Wullenwaber, Police Chief B.P. Jones, Police Captain Jimmy Pope, Recreation Director Perry
Hudson, Human Resources Director Anne Thompson, 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.
Mayor Harris yielded to Mayor Pro Tem Galbreath to preside over the remainder of the meeting.
AGENDA ADJUSTMENT AND APPROVAL
Motion by Council Member Maness and seconded by Council Member Billy Tart to adopt the February 12,
2013 meeting agenda with changes, if any, as listed below.
Items Added to the Agenda:
• none
Agenda Items Removed:
• none
Motion unanimously approved.
Mid - Carolina Council of Government
Emsley Kennedy Jr. Award -
Mayor Oscar N. Harris
Mr. Jim Caldwell, Executive Director of Mid - Carolina Council of Government gave a short summary of
the various services offered by Mid - Carolina Council of Government.
Mr. Caldwell presented the Emsley Kennedy Jr. Award to Mayor Harris. This award, given in honor of
Mayor Kennedy's longstanding consecutive involvement with the Council of Governments, is presented
annually to an outstanding elected municipal official from Cumberland, Harnett or Sampson County.
PUBLIC COMMENT PERIOD
Mayor Pro Tern Galbreath opened the floor for a (30) minute public comment period
Ms. Brenda Lewis, 123 Jupiter Drive, Dunn, spoke about a civil matter that is out of control. She asked for
help with a survey. Violent words have been said and threats have been made and she has done all she
knows to do. She doesn't have the money for the survey and stakes have been pulled up. She needs help
with a survey to determine her land and his land. She is asking for the Council's help about her property
before someone is hurt in Grove Park. She stated that she is a taxpayer; adding that she supported this
Council because they said they cared about the community and she is part of the community.
Hearing no further comments, the public comment period was closed.
Mayor Pro Tern Galbreath opened public hearings at 7:27 p.m.
PUBLICHEARING
Conditional Zoning Request CZ -01 -13
Edward "Buddy" Miller/Millers Lawn & Landscaping
PIN #1507 -92- 4674.000
2010 W. Cumberland Street
Mayor Pro Tern Galbreath stated that the public has been notified that oral and written comments will be
heard and received concerning the request by Edward Miller/Millers Lawn and Landscaping for a
conditional zoning district for a parcel of land, totaling 4 acres f at 2010 W. Cumberland Street.
He stated that this property is currently zoned C -2; Shopping Center District and is requested to be rezoned
to I -10 (CZD); Restricted Industrial Conditional Zoning District, to allow for the following uses: sale or
storage of garden supplies, landscape supplies; retail or wholesale.
The public hearing is the opportunity for the Council to hear comments and opinions from the public to
include any party for or against the request.
The public hearing was duly advertised on January 15, February 5 & 12, 2013.
Mayor Pro Tem Galbreath asked if there was anyone present who wished to speak for or against this
conditional zoning request.
Mayor Pro Tom Galbreath asked for comments from the Planning Department. Planning Director
Samantha Wullenwaber explained that if this conditional zoning district is approved, it would only allow
the requested use at this property. If the applicant vacates the property and another use is proposed, it
would have to come back before the Council for approval. Buffering will be required along the property.
Hearing no ftuther comments, Mayor Pro Tem Galbreath closed the public hearing at 7:30 pm.
CONSENTITEMS
Minutes — Council considered approval of minutes of the January 8, 2013 City Council meeting.
Budget Amendments — Council considered approval of BA #5 and #6. At the request of Council Member
Robinson, Finance Director Stephens explained that BA #5 is to record $12,408.46 received in drug
forfeiture monies and BA #6 is to record a transfer of $13,965.46 to E -911. A copy of BA #5 and #6 is
incorporated into these minutes as Attachment #1.
Proclamation - Council considered approval of a Proclamation recognizing the month of February as Black
History Month. Council Member Maness read the Proclamation. A copy of Black History Month
Proclamation (P2013 -03) is incorporated into these minutes as Attachment #2.
Surplus Resolution — Council considered approval of a Resolution Declaring the Badge and Service
Weapon carved by Tony Strickland Surplus and awarding them to him on his Retirement. City Manager
Autry read the Resolution. A copy of Surplus Resolution (R2013 -03) is incorporated into these minutes as
Attachment #3.
Motion by Council Member Robinson and seconded by Council Member Barfield to approve all consent
items. Motion unanimously approved.
ITEMS FOR DECISION
Conditional Zoning Request CZ -01 -13
Edward "Buddy" Miller/Millers Lawn & Landscaping
PIN #1507 -92- 4674.000
2010 W. Cumberland Street
This is a request for a conditional zoning of a parcel of land totaling 4f acres, located at 2010 W.
Cumberland Street. This property is currently zoned C -2; Shopping Center District and is requested to be
rezoned to I -10 (CZD); Restricted Industrial Conditional Zoning District.
The Planning Board met on January 22, 2013 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
recommended unanimously to approve this request.
Motion by Council Member Tumage and seconded by Council Member Billy Tart to approve the request
from Edward Miller for a conditional zoning district for a parcel of land (PIN #1507 -92- 4674.000) totaling
4f acres and located at 2010 W. Cumberland Street from C -2; Shopping Center District to 1 -10 (CZD);
Restricted Industrial Conditional Zoning District based on the following justification:
1) The City of Dunn Land Use Plan identifies this parcel as commercial and industrial use in the
2030 Land Use Plan. This property is located in area one of the Land Use Plan.
2) The amendment is consistent with the area and will not impair the integrity of the surrounding
areas. Buffers will be installed along each parcel line that abuts the C -2 Shopping Center District.
3) The property is currently vacant. The proposed use is permitted only in the Industrial Districts and
the conditional zoning is proposed to limit the use of the property to only the sale or storage of
garden supplies, landscape supplies; retail or wholesale. Therefore the proposed conditional
zoning district is suitable and is not considered detrimental to the area and would be beneficial to
the entire community.
4) The applicant would have to meet all applicable building code regulations, parking, setback,
landscape and any other requirements as stated in Chapter 22 of the Code of Ordinances.
Motion unanimously approved.
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Consideration to Adopt a Resolution and
Accept the Letter of Conditions for
USDA Loan /Grant Application —
Police Vehicles
Mayor Pro Tern Galbreath stated that the Council is being asked to accept a loan offer not to exceed
$132,000 and a grant not to exceed $28,000 from the USDA for the purpose of purchasing five (5) to eight
(8) Police Vehicles in FY 2013 -14.
Mr. Garland Bumette, Area Director of the USDA, addressed the key items within the Letter of Conditions.
The Letter of Conditions describes the financing in the amount of $132,000 at an interest rate of 3 1/8%
over a period of six (6) years and a grant in the amount of $28,000. The loan will be secured by a lien on
the title of these vehicles. There will be a reserve requirement equivalent to 1 /6Yh of the annual installment
associated with the loan which is projected to be $24,468.84. The current interest rate of 3 1/8% will be
fixed; however, if the interest rates drop between now and the time of loan closing, the City of Dunn would
receive the benefit of the lower rate.
Mr. Bumette explained that if the Council accepts the Letter of Conditions and the funding that is
presented, he would ask that they allow the Mayor and Clerk to execute all necessary documents in order to
secure the benefit of this funding.
A public hearing relating to this loan/grant application was held at the January 8, 2013 Council meeting.
The debt service payment will begin in FY 2014 -15.
Motion by Council Member Robinson and seconded by Council Member Billy Tart to adopt the Resolution
and authorize the Mayor to execute documents associated with the USDA loan/grant application. Motion
unanimously approved. A copy of the USDA Resolution (R2013 -04) is incorporated into these minutes as
Attachment #4.
Temporary Blocking of Streets —
Boogie on Broad Concert Series
Manager Autry stated that a request has been received from the Event Planning Committee of the Dunn
Area Chamber of Commerce requesting the closing of E. Broad Street by 2:00 p.m. from Wilson Avenue to
Clinton Avenue. At 5:00 p.m., they are requesting to have Wilson Avenue closed from Cumberland Street
to Edgerton Street or as best determined by the Dunn Police Department on the following dates for the
event, Boogie on Broad Concert Series in Downtown Dunn:
• Thursday, April 4, 2013
• Thursday, May 2, 2013
• Thursday, June 6, 2013
• Thursday, October 3, 2013
Motion by Council Member Billy Tart and seconded by Council Member Barfield to approve the
temporary blocking of streets as requested by the DACC to hold the Boogie on Broad Concert Series in
Downtown Dunn. Motion unanimously approved.
Consideration of Municipal Agreement between
NCDOT and the City of Dunn for
Resurfacing US 301 (Clinton Avenue) from
US 421 (E. Cumberland Street) to
Edgerton Street
The Council is being asked to authorize the Municipal Agreement between NCDOT and the City of Dunn
for resurfacing improvements on US 301 (Clinton Avenue) from US 421 (East Cumberland Street) to
Edgerton Street.
Assistant City Manager Neuschafer explained that this agreement will allow NCDOT to reimburse the City
of Dunn some of the costs associated with resurfacing US 301 (Clinton Avenue) as part of the Downtown
Revitalization Project.
NCDOT will reimburse the City of Dunn construction costs up to a maximum of $25,000, subject to the
availability of funds.
Motion by Council Member Tumage and seconded by Council Member Maness to accept and authorize the
NCDOT Municipal Agreement for resurfacing US 301 (Clinton Ave.) from US 421 (E. Cumberland St.) to
Edgerton Street. A copy of the Municipal Agreement for resurfacing US 301is incorporated into these
minutes as Attachment #5.
Consideration to Adopt
Shared Sick Leave Policy
Mayor Pro Tem Galbreath yielded to Human Resources Director Anne Thompson.
Human Resources Director Thompson explained that the proposed Shared Sick Leave Policy will provide
an opportunity to assist City employees affected by prolonged medical conditions that require their absence
from work for an extended period of time resulting in the exhaustion of all paid leave.
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Council Member Robinson asked how this policy compares with the current policy utilized by the State of
North Carolina. Ms. Thompson and Mr. Autry responded that research was done with a number of other
municipalities.
Council Member Robinson voiced concern about the restriction within the policy that will not allow a
donor employee to reduce their sick leave balance below 480 hours (12) weeks with their donation.
Mayor Pro Tern Galbreath voiced concern about the proposed language in the policy which will allow the
City Manager to authorize exceptions to the policy as necessary.
Manager Autry explained that the 480 hour sick leave balance restriction would require a donor employee
to keep enough time in the event that they would need to use sick time for FMLA which is a (12) week
period. He added that this is a policy that the Council could ask him to review at any time for
modifications.
Motion by Council Member Robinson and seconded by Council Member Barfield to table the Shared Sick
Leave Policy until next month to allow time to compare this policy to the State Policy.
Council Member Robinson commended the administration department for putting this policy together but
he felt they should create as flexible a situation as possible for the benefit of the employees. Most
employees deplete their leave time because of some chronic or terminal illness and this policy would allow
them to remain on the payroll and continue to care for their families.
Mayor Harris asked Manager Autry if there are any pending applications that this would be detrimental to
at the current time. He added that even if the Council adopts this policy, it could be amended at the next
meeting.
Manager Autry responded that there are no applicants yet, but there is one needed.
Council Member Maness commended Human Resources Director Thompson for this policy. He pointed
out that the City should compare themselves to other peer groups which are other municipalities. The City
does not need to compare its policy to the State because the State does not have the limitations that the City
does. He stated that be felt the policy has been well researched and he is prepared to approve the policy.
Motion by Council Member Robinson and seconded by Council Member Barfield to withdraw the motion
to table.
Motion by Council Member Robinson and seconded by Council Member Barfield to approve the Shared
Sick Leave Policy as presented and directed the City Manager and staff to review and compare it to the
policy used by the State of NC and report their findings at the next City Council meeting. Motion
unanimously approved. A copy of the Shared Sick Leave Policy is incorporated into these minutes as
Attachment #6.
ITEMS FOR DISCUSSION
AND /OR DECISION
Consideration to Proceed with
Enacting a Golf Cart Ordinance
The attached rough draft ordinance has been forwarded to City Attorney Pope for review and/or
modifications. Further discussions are proposed to be held at the Budget Retreat/Planning Session at
Campbell University on Friday, March 1, 2013.
At the November 13, 2012 Council meeting, a representative spoke on behalf of several citizens during the
public comment period and asked the Council to consider legalizing golf carts in the City of Dunn.
With no objections, Mayor Pro Tem Galbreath deferred this item of business to the Budget
Retreat/Planning Session scheduled for March 1, 2013.
Financial Report
Finance Director Mark Stephens provided the following financial report for the period ending December
31.2012:
• As of December 31, 2012, the City had $2.OM in cash in the General Fund and $2.1M in the
Water -Sewer Fund. In December of 2011 the City had $1.6M in the General Fund and $2.6M in
the Water -Sewer Fund.
• Investment earnings are in the .15 % -.08% range.
• Building permit fees were $40,876 or 90.84% of budget. Benchmark for this month is 50.00% of
budget.
• Water and sewer revenues were $2,218,178 or 48.06% of budget. Benchmark for this month is
50.00% of budget.
• Average fuel cost in December for unleaded was $2.80 per gallon and diesel was $3.34 per gallon.
The City budgeted $3.35 per gallon.
• Sales tax revenue was $587,146 or 43.17% of budget. Benchmark for this month is 41.67% of
budget.
• Expenditures were 47.29% of budget in the General Fund and 44.58% of budget in the Water and
Sewer fund. The benchmark for this period is 50.00% of budget.
Motion by Council Member Maness and seconded by Council Member Robinson to accept the Financial
Report as presented. Motion unanimously approved.
ADMINISTRATIVE REPORTS
Motion by Council Member Tumage and seconded by Council Member Maness to accept the
Administrative Reports. Motion unanimously approved.
ANNOUNCEMENTS
The following announcements and/or comments were made.
Council Member Tumage:
➢ The City Council will hold their Annual Budget Retreat/Planning Session on Friday, March 1,
2013 at Campbell University at 8:30 am — Football Field House.
➢ The next regular City Council meeting is scheduled for Tuesday, March 12, 2013 at 7:00 pm.
➢ Please check your calendar and let Debbie or Melissa know if you will be attending Town Hall
Day in Raleigh on Wednesday, March 27, 2013.
Mayor Harris:
➢ All involved organizations will meet soon to set the date for the Downtown Revitalization
Celebration.
➢ The Hamett Training School Campus application submitted by the Dunn Community
Development Corporation (DCDC) has been received by the North Carolina Housing Finance
Agency. This was the only application in Harnett County.
➢ Dunn PAL will be honoring Black History Month with a. program on Thursday, February 21, 2013
at 6:00 pm in the PAL gymnasium. The Council is encouraged to attend.
➢ Assistant City Manager Neuschafer recognized that today is the 1260' birthday of the City of Dunn
which was incorporated on February 12, 1887.
Council Member Barfield:
➢ The DACC elected officials reception held this past week was a great event.
Council Member Tumage:
➢ Congratulated his wife in her retirement today, after 22 years of service with the only Orthodontist
office in the City of Dunn.
Mayor Pro Tem Galbreath:
➢ Thanked the Police Department for their efforts over the past month, in fighting crime in the
community as it relates to the rash of break -ins. Additional arrests will be made. He thanked
Chief Jones and his department for fighting crime.
Council Member Robinson:
➢ Commended the Police Department for their recent work in solving some of the break -ins here in
the City. Successful work depends on public engagement. He urged the citizens to call the Police
Department if they observe something unusual.
➢ Commended PAL Lt. Rodney Rowland for being honored as a Living Legend during the Martin
Luther King Jr. Parade; adding that Rodney Rowland does more for black kids than any other
organization in this town.
➢ Commended Bart Adams. Brian Haney and the staff of The Daily Record for the tremendous
coverage that they have given to important issues in the black community.
➢ Recommended that the general public take time and goggle what if there were no black people.
He mentioned the contributions and inventions made by African Americans.
➢ He would like a residential paving package included in the Budget Retreat/Planning Session for
discussion. There should be a process whereby the City can get cooperation from the County to
pave that part of N. Fayetteville Street that runs out of the City limits because those people are
citizens of Dunn. They were left out because the owners of this property years ago never annexed
it into the City.
➢ At the last retreat, he talked about whether or not the City was an equal opportunity employer. He
is formally asking for a list of City employees, desegregated by department, job title, race, gender
to include hiring date, hiring salary, years of service, current service and in addition, please
provide a list of the last twenty-five employees hired by race, gender, starting salary and correlate
that information; the percent of total employees by each of those demographics to the 2010 census
population. He will submit this request in writing tomorrow and would like this information prior
to the retreat.
Council Member Maness:
➢ He wished everyone a Happy Valentine's Day.
➢ He thanked Chief Jones for the job he is doing especially for the articles he recently submitted to
The Daily Record giving tips and pointers on how our citizens can help empower themselves by
doing some things to keep from being a victim and stressing the importance of community
policing. He commended the officers for the job they are doing and he stressed that the public do
their part.
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Closed Session
8:22 pm - Motion by Council Member Robinson and seconded by Council Member Barfield to enter closed
session in accordance with N.C. General Statute 143- 318.11(a)(3) to consult with the City Attorney
concerning a potential claim. Motion unanimously approved.
8:42 pm — Closed Session ended.
Motion by Council Member Turnage and seconded by Council Member Maness to approve the closed
session minutes as recorded by City Attorney Pope. Motion unanimously approved.
With no further business to discuss, a motion was made by Council Member Tumage and seconded by
Council Member Barfield to adjourn the meeting at 8:43 p.m. Motion unanimously approved.
Attest:
Debra G. West
City Clerk
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