08132013336
MINUTES
CITY OF DUNN
DUNN, NORTH CAROLINA
The City Council of the City of Dunn held a Regular Meeting on Tuesday, August 13, 2013, at 7:00
p.m. in the Dunn Municipal Building. Present was Mayor Oscar N. Harris, Mayor Pro Tern 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 Utilities Director Dean Gaster, Chief Building
Inspector Steven King, Planning Director Samantha Wullenwaber, Interim Police Chief Jimmy
Pope, Recreation Director Perry Hudson, Librarian Mike Williams, City Engineer Michael Goliber,
City Attorney P. Tilghman Pope, City Clerk Debra West and Daily Record Reporter Brian Haney.
INVOCATION
Mayor Harris opened the meeting at 7:00 p.m. and asked Police Chaplain Reverend Dennis Manuel to give
the invocation. Afterwards, the Pledge of Allegiance was repeated.
AGENDA ADJUSTMENT AND APPROVAL
Motion by Council Member Robinson and seconded by Council Member Barfield to adopt the August 13,
2013 meeting agenda with changes, if any, as listed below.
Items Added to the Agenda:
• Special Proclamation by Mayor Harris
Agenda Items Removed.-
• none
Motion unanimously approved.
Clerks Note: An addition was made to the agenda later in the meeting reference N. King Avenue
(Demolition of Structure)- PIN #1516-69-2064. 000 — Parcel ID #021 5160 72 0002 0
PRESENTATIONS
Certificate of Achievement for
Excellence in Financial Reporting —
Finance Department
Mayor Hams and City Manager Autry presented a Certificate of Achievement for Excellence in Financial
Reporting Award to Finance Director Mark Stephens and the staff of the Finance Department, in
recognition of achieving the highest standard in governmental accounting and financial reporting, for the
fiscal year ended June 30, 2012.
Retirement Resolution
Herman Chavis
Mayor Harris, City Manager Ronnie Autry and Interim Police Chief Jimmy Pope presented a Retirement
Resolution to Herman Chavis in recognition and appreciation of more than 21 years of service. In addition,
he was presented with his badge and the service weapon worn. A copy of Retirement Resolution (R2013-
21) recognizing Herman Chavis is incorporated into these minutes as Attachment #1.
Retirement Resolution
Mike Blackmon
Mayor Harris and Manager Autry presented a Retirement Resolution to Mike Blackmon, in recognition and
appreciation of 17 years of service to the City of Dunn Inspections Department. A copy of Retirement
Resolution (R2013 -22) recognizing Mike Blackmon is incorporated into these minutes as Attachment #2.
Proclamation
Debra G. West
Mayor Harris and Manager Autry presented a Proclamation to City Clerk Debra G. West, in recognition
and appreciation of her work before, during and after the All- America City designation. A copy of
Proclamation (P2013 -26) recognizing City Clerk Debra G. West is incorporated into these minutes as
Attachment #3.
Resolution — Mayor Pro Tern Bryan Galbreath
Mayor Harris and Manager Autry recognized Mayor Pro Tem Bryan Galbreath for over 9 years of
distinguished public service as a member of the Dunn City Council and presented him with a resolution in
honor of his service. A copy of Resolution (R2013 -23) Commending & Expressing Appreciation to Bryan
Galbreath for Serving as a Dunn City Council Member for over Nine (9) Years is incorporated into these
minutes as Attachment #4.
After the presentation, an opportunity was provided for each Council Member to make comments
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Mayor Harris thanked Bryan Galbreath for his service and for his communication and relationship with the
Police Department. Bryan's representation on the ABC Board was outstanding. Bryan represented his
District in a very professional manner and he was not only interested in the citizens of District 3, but he was
interested in the entire City. Bryan has always been kind and considerate in his deliberations and exhibited
professionalism in his presentations. He wished Bryan the very best in his departure and relocation and
wished blessings upon him.
Council Member Maness stated that it has been his honor and privilege to serve with Bryan Galbreath for
almost ten years on the City Council. During his years of public service, Bryan has always been
professional, honorable and respectful. Bryan has always voted as he felt was best for both his constituents
and the City of Dunn. He has represented our City and his District well. Mr. Maness stated that he
appreciates all that Bryan has done, the sacrifices he has made and his dedication to the All- America City
of Dunn. He wished God's blessings upon him in the days ahead.
Council Member Robinson stated that it has been his pleasure serving with Bryan Galbreath on the City
Council and he wished him the very best in all his future endeavors.
Council Member Billy Tart stated that he and Bryan Galbreath entered office nine years ago as a team and
he has enjoyed serving with him on the City Council. He wished him blessings and the best of luck.
Council Member Turnage stated that his oldest son went to high school with Bryan Galbreath where he
remembers him as a nice guy and just as then, Bryan is still a nice guy. He extended his best wishes to
Bryan in his future endeavors. It's been great working with him.
Council Member Barfield stated that Bryan Galbreath has been faithful in attending ribbon cuttings for the
Chamber of Commerce and he appreciates him. Bryan is very important to this Council and City and he
hates to see him go.
City Attorney Pope stated that he has been with Bryan Galbreath from the beginning and it's been a
pleasure to serve and work with him. He appreciates the respect that Bryan brings to the position of City
Council Member and the dedication he has shown to his District and all the citizens of Dunn. He has done
a quality job. With respect to City staff, and fellow Council Members, he will be missed during meetings.
He wished him the best of luck in the future.
Manager Autry stated that he has enjoyed working with Bryan Galbreath. He appreciates Bryan's loyalty
and support to the City of Dunn. Bryan has always been fair in judgment in evaluating situations. Former
Police Chief B.P. Jones appreciated Bryan's support of the Police Department and all City staff as well.
Mayor Pro Tem Bryan Galbreath stated that he is normally a person of very few words. In speaking from
the heart, he thanked the citizens of Dunn especially those of Ward 3 for their support over the past nine
years. He learned very early on, that anyone serving in public office must have thick skin. He's enjoyed
walking the streets and talking to his constituents and citizens about this great community. He's enjoyed
sitting on the porches and around kitchen tables meeting with citizens about issues. No matter where he
may go, he will not be ashamed to say he is from Dunn, NC. He will be relocating just down the road a
few miles. Sometimes opportunities come before you in life and you take a chance which is what he has
done. He is saddened to leave the Council but he feels confident that he's leaving this Council in good
hands. Whoever his replacement may be, he is sure that this capable Council will groom that person very
well to carry on and to continue the work in Ward 3.
He thanked the City Department Heads for their great leadership and the work they do and all City
employees for their work. They all take care of the City very well. He's had the opportunity to ride along
and work with many of the police officers and he appreciates the opportunity for this. He asked the citizens
of Dunn to continue to support the City's fine Police Department. On a daily basis, police officers put their
lives on the line and they have a very special place in his heart. He intends to do more ride -a -longs with the
police officers before he leaves on August 30'".
He thanked his campaign manager, John Archie and others that helped him when he was voted on the
Council. He's always felt this Council has been one big happy family no matter how they may not agree on
everything. His experience as a Council Member has taught him a lot and he encouraged anyone who has
an interest to be involved in City government to do so because it has been very rewarding for him. He
spoke of how special the youth of the community is and stated sometimes they just need guidance. The
PAL Program is special to him and he asked the Council to continue this worthwhile program. The trip to
Denver was a life changing experience for him; everybody gelled and worked as a team to bring back the
All- America City award to the City of Dunn. He petitioned everyone to work together to accomplish
positive things. He has enjoyed this opportunity.
PUBLIC COMMENT PERIOD
Mayor Harris opened the floor for a (30) minute public comment period
Ms. Ina Rosetta White, 409 N. Washington Avenue, Dunn, NC spoke on behalf of retired senior citizens
who are homeowners and who feel they should be able to live and enjoy the places they call home in peace.
She stated that their neighborhoods are plagued with substandard rental houses whose tenants are
contributing to the blight and crime in the City. This is caused by slumlords who rent to anyone without
consideration of the neighborhoods or the quality of life in their neighborhood. A number of these
slumlords live out of town. She thanked the City Council for trying to put in laws to stop these slumlords
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from renting these substandard houses but it hasn't been enough. She gives this City Council a grade of D+
when it comes to rental housing code enforcement. A number of cities like Charlotte, Raleigh and
Fayetteville have come up with laws to hold these slumlords accountable for their rental property and their
tenants. These houses are breeding grounds for vandalism, drugs, prostitution and break -ins. The City of
Fayetteville came up with a program called RAMP (Rental Action Management Program) which fines
landlords if their property is blight on the community and if the tenants are involved in criminal activities.
She challenged the City Council to try some of these interventions that these cities are using or come up
with some of their own. She and her neighbors would also like to live in an All- America City but until the
Council addresses this issue, they don't.
Mr. Ronnie Tew, business owner of 101 W. Divine Street, Dunn, NC asked the Council to redirect the
property owned by him and his brother and located on N. King Avenue. The Council voted last month to
destroy the storage building on this lot. He has since been approached by someone who would like to
purchase the property. Due to the issue involved, Mayor Harris yielded to City Attorney Pope who
explained that there is a purchaser for the property that is willing to bring the property to code. Council
may direct staff to delay action to destroy this property to give an opportunity for the owner to sell this
property for renovations and revoke the ordinance once the property has been brought to code. Attorney
Pope stated that should Council wish to take action on this matter, they can further adjust tonight's agenda
by adding this item for decision.
Hearing no further comments, the public comment period was closed
Mayor Hams opened Public Hearings at 8:07 pm.
PUBLICHEARINGS
Ordinance Amendment OA -01 -13
Chapter 11
Licenses and Business Regulations
(Deferred at 7 -9 -13 CCMtg.)
Mayor Harris explained that this is a request to amend Chapter 11, Licenses and Business Regulations of
the City of Dunn Code of Ordinances.
This amendment will revise Section 11 -4, Display of goods on sidewalks. The amendment creates a
sidewalk sale ordinance in the downtown municipal service district.
The public hearing was duly advertised on June 25, 2013 and July 2, 2013.
Mayor Harris stated that at the request of Dal Snipes, former Mayor and Chairman of the Downtown Dunn
Development Corporation, the Council is being asked to continue this public hearing until September 10,
2013.
Motion by Council Member Turnage and seconded by Council Member Billy Tart to recess this Public
Hearing until the September 10, 2013 Council meeting to allow the Downtown Dunn Development
Corporation to fully engage the stakeholders, no additional continuation of the action, and act upon this
amendment at the September meeting. Motion unanimously approved.
CONSENTITEMS
Minutes — Council considered approval of minutes of the July 9, 2013 City Council meeting.
Surplus Resolution — Council considered approval of a Resolution Declaring the Badge and Service
Weapon carried by Herman Chavis Surplus and awarding them to him on his Retirement. A copy of
Surplus Resolution (R2013 -24) is incorporated into these minutes as Attachment #5.
Monthly Performance Status Report-HTC — Council considered approval of Status Reports for the month
of June and July, 2013 for the NC Catalyst Grant 12 -C -2476 — Harnett Training School Apartments Project.
Motion by Council Member Barfield and seconded by Council Member Tumage to approve all consent
items. Motion unanimously approved.
ITEMS FOR DECISION
Approve the Acceptance of
Grant Funds for a
Bicycle Plan
Planner Wullenwaber explained that the City is seeking funds from the Community Transformation Grant
(CTG) Project— Region 6 to fund a bicycle plan.
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.
Regional Grant Coordinator Mr. Ockidde Harris explained that the CTG project is a five (5) year project
which targets the three (3) major risk factors for the two (2) .leading causes of death in North Carolina;
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heart disease and cancer; particularly lung cancer. The three (3) strategic focus areas that are targeted
include tobacco -free living, active living and healthy eating. This project targets tobacco use, poor
nutrition and physical activities. The CTG has funds allocated for investment in local communities with
the goal of creating healthier communities. The funds can be used for a variety of healthy living related
activities including transportation projects, tobacco free living, healthy eating, and active living. A bicycle
plan is considered a transportation project and the CTG has agreed to fully fund the bicycle plan at an
estimated cost of $35,000.
Mr. Harris pointed out that the City of Dunn was chosen to receive this grant because Planner Wullenwaber
showed him that Dunn really cares for the health of the community by providing health- related projects,
goals and particularly the Safe Routes to School Plan.
Mr. Harris explained that should the Council accept this grant, then a consultant will need to complete the
plan within eighteen (18) months.
Although not funded by the NCDOT, the bicycle plan will be fully recognized by the NCDOT and be able
to be used in the future for shovel ready project purposes.
The bicycle plan is fully funded by the CTG project
Motion by Mayor Pro Tern Galbreath and seconded by Council Member Tumage to authorize the Planning
Department to acquire the CTG project funds to begin the bicycle plan. Motion unanimously approved.
Resolution Authorizing Application for
CDBG - Economic Development Funds —
Rooms to Go
Mayor Harris summarized the administrative procedures which are before the Council tonight as it relates
to Rooms to Go and yielded to City Attorney Pope.
Attorney Pope explained that the Council adopted a Resolution authorizing the City to enter into an
Economic Development Incentive Agreement with Rooms to Go at the July 9, 2013 Council meeting. That
agreement obligated the City to take certain actions with respect to their location of business in the City of
Dunn or to be annexed into the City of Dunn which includes the running of water and sewer lines to the
project site. At the time the Council approved the agreement, the proposed funding sources were outlined
which includes a CDBG grant, Rural Center grant, Golden LEAF Grant and a small City match of $50,000
for a $2.5M project. He explained that the following agenda items for Rooms to Go are simply
administrative steps for the City to carry out a commitment that has already been made with respect with
receiving the grants mentioned.
The Council may adopt all items as they relate to Rooms to Go in a single motion or they may vote upon
them individually. ( *Clerks Note: Council voted on all items related to Rooms to Go in a single motion
however an explanation of each item is included for descriptive purposes)
Manager Autry stated that this is a formality to finalize the formal application to be submitted for the grants
that the City has already tentatively been awarded with an informal application handled by grant consultant,
Skip Green, who is present to answer any questions of concern.
Grant Consultant Skip Green explained that in this project, the infrastructure (water and sewer) extended to
Rooms to Go will be owned by the City of Dunn.
Consultant Green explained that the CDBG Policy Guidelines is applicable to both Rooms to Go and the
Harnett Training School Apartments projects. All funds should be released by December of 2013.
The Council is being asked to adopt a Resolution to pursue a formal application for a $1M Community
Development Block Grant — Economic Development Funding to benefit Rooms to Go.
The City held two public hearings, the first on March 12, 2013 and the second on July 9, 2013, concerning
the proposed application for CDBG funding to benefit Rooms to Go.
This is a no -match grant.
Motion by Council Member Barfield and seconded by Mayor Pro Tern Galbreath to adopt a Resolution
Authorizing Application for CDBG- Economic Development Funds -Rooms to Go. Motion unanimously
approved. A copy of Authorizing Resolution (R2013 -25) for CDBG -ED Funding for Rooms to Go is
incorporated into these minutes as Attachment #6.
Resolution to Adopt
Policies and Guidelines for the
City of Dunn Small Cities CDBG Programs
The Council is being asked to adopt Policies and Guidelines for the City of Dunn's Small Cities
Community Development Block Grant Programs.
Motion by Council Member Barfield and seconded by Mayor Pro Tem Galbreath to adopt a Resolution
Adopting Policies and Guidelines for the City of Dunn Small Cities CDBG Programs. Motion
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unanimously approved. A copy of Resolution (R2013 -26) adopting Policies and Guidelines for the City
of Dunn Small Cities CDBG Programs is incorporated into these minutes as Attachment #7.
Resolution Authorizing Application for
Rural Center Grant
Rooms to Go
The Council is being asked to adopt a Resolution to pursue a formal application for a $1M Rural Center
Grant to assist in the construction of water and sewer improvements from existing City of Dunn
infrastructure to the site on Saddlebred Road with I -95 access that Rooms to Go has selected to locate a 1.1
million square foot shipping/distribution center.
It is proposed to construct:
2,700 if of 12" ductile iron water main
3,2001f of 15" sanitary sewer
800 if of 16" sanitary sewer
This is a no -match grant.
Motion by Council Member Barfield and seconded by Mayor Pro Tem Galbreath to adopt a Resolution
Authorizing Application for a Rural Center Grant -Rooms to Go. Motion unanimously approved. A copy
of Authorizing Resolution (R2013 -27) for a Rural Center Grant is incorporated into these minutes as
Attachment #8.
Capital Project Ordinance -
Rooms to Go Water and Sewer Improvements
This ordinance will need Council approval so that the budget for this project can be established for
accounting purposes. The capital project ordinance will take the place of an annual budget ordinance,
because it is not part of the City's recurring operations and expenditures and will continue for the life of the
project.
This project is related to extending water and sewer lines to the Rooms to Go Distribution Facility along I-
95.
This project will be paid through grants with the North Carolina Rural Economic Development Center,
Inc., North Carolina Department of Commerce - Commerce Finance Center and the Golden Leaf
Foundation. The City will be responsible for $50,100 which will be paid out of the Water /Sewer Fund
Balance.
Motion by Council Member Barfield and seconded by Mayor Pro Tern Galbreath to adopt the Capital
Project Ordinance for the "Rooms to Go Water and Sewer Improvements ". Motion unanimously
approved. A copy of Capital Project Ordinance (02013 -05.1) for "Rooms to Go Water and Sewer
Improvements" is incorporated into these minutes as Attachment #9.
Authorization to Accept
Golden LEAF Economic Catalyst Grant —
Rooms to Go
The Council is being asked to accept the Golden LEAF - Economic Catalyst Grant in the amount of
$448,100 to provide "gap" funding toward public infrastructure costs from existing City of Dunn
infrastructure to the site on Saddlebred Road with I -95 access that Rooms to Go has selected to locate a 1.1
million square foot shipping/distribution center.
Golden LEAF Economic Catalyst Grants are for Economic Catalyst Projects. The Golden LEAF Grant of
$448,100 will cover a portion of the total water and sewer cost of $2,498,100.
This is a no -match grant.
Motion by Council Member Barfield and seconded by Mayor Pro Tern Galbreath to accept the Golden
LEAF Economic Catalyst Grant — Rooms to Go. Motion unanimously approved.
Authorization to Approve
Public Facilities Agreement and
Performance Agreement between the
City of Dunn and Rooms to Go
The Council is being asked to approve the Public Facilities Agreement and Performance Agreement
between the City of Dunn and "Rooms to Go ". These agreements are a requirement of the CDBG -ED and
Rural Center Grants.
Motion by Council Member Barfield and seconded by Mayor Pro Tern Galbreath to authorize execution of
the Public Facilities Agreement and Performance Agreement between the City of Dunn and "Rooms to
Go ". Motion unanimously approved. A copy of the Public Facilities and Performance Agreements are
incorporated into these minutes as Attachment #10.
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Authorization for Police Department to
Purchase a New K -9 Police Dog
Manager Autry explained that the Council is being asked to authorize the Police Department to purchase a
new K -9 Police Dog for the impending retirement of the current in- service K -9, Bosco. A new officer will
be handling the new K -9 and by approving the purchase at this time, the City will receive free training
offered in September.
The purchase price of $4300 -$6300 includes the Police Dog and the cost for training and certification.
Funds would be deducted from the Drug Forfeiture Account.
Motion by Council Member Maness and seconded by Council Member Tumage to authorize the Police
Department of purchase a new K -9 Police Dog. Motion unanimously approved.
Temporary Blocking of Streets —
ACCRF 5K Run for a Cure
A request has been received from Kim Schmidlin, on behalf of The ACCRF 5K Run Team, to close certain
streets within the City of Dunn as indicated on the attached map on Saturday, August 24, 2013 from
approximately 6:00 am until 1:00 pm.
This event will start and end at the General Lee Museum.
Motion by Council Member Billy Tart and seconded by Council Member Barfield to approve the
temporary street closing as requested by Kim Schmidlin, to hold The ACCRF 5K Run. Motion
unanimously approved.
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 14, 2013 from 8:00 am until 5:00 pm for the purpose of
holding a street fair for the neighborhood children.
Motion by Council Member Barfield and seconded by Mayor Pro Tem Galbreath to approve the temporary
street closing as requested by McNeil Memorial Church. Motion unanimously approved.
Adopt Procedure for
Filling Vacant Council Seat
City Attorney Pope stated that he has provided to the Council, a proposed Procedure and Application to fill
the vacant seat for District 3 as Mayor Pro Tern Bryan Galbreath has tendered his resignation effective
August 30, 2013. He added there is not any formal legal process required by law or City Code so it is at the
discretion of the Council as to what they want to do; therefore, he looked back to see what the Council did
in 2002 when there was a vacancy on this Council and also the City Clerk provided him with
documentation about how other municipalities have handled vacancies in the recent past and based on those
experiences, he created a proposed procedure for filling the vacant Council seat.
City Attorney summarized the process. Once a vacancy occurs September 1, 2013, there will be an
advertisement on the City web site and in The Daily Record for the vacancy and anybody interested in
serving in that position could make application to the City Clerk's office before September 30, 2013 and
after that time all applications will be distributed to the City Council and each person that desired to be
appointed would have the opportunity to speak to the Council at the October Council meeting at which
point the Council would vote for the appointee to District 3. As indicated in earlier communication to the
Council, all of this is just suggestion based on what others have done and what the City of Dunn has done
in the past but the Council is free to change either the procedure or application.
Discussion was held to make this appointment at a Special Call Meeting before the October 8`" Council
meeting and the need for representation of District 3 before thirty days. Discussion was held about giving
sufficient notice for applicants to apply, to follow the process to make sure everyone interested and
qualified can apply and the need for transparency in public service.
Motion by Council Member Billy Tart and seconded by Council Member Tumage to approve the proposed
Procedure and Application for Filling Vacant Council Seat. Motion carried 5 -1 with Council Member
Barfield opposing.
ITEMS FOR DISCUSSION
AND /OR DECISION
Financial Report
Finance Director Mark Stephens provided the following financial report for the period ending June 30,
2013:
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• As of June 30, 2013, the City had $2.9M in cash in the General Fund and $1.6M in the Water -
Sewer Fund. In June of 2012 the City had $2.9M in the General Fund and $2.OM in the Water -
Sewer Fund.
• Investment earnings are in the .10 % -.08% range.
• Building permit fees were $75,461 or 108% of budget. Benchmark for this month is 100.00% of
budget.
• Water and sewer revenues were $4,363,671 or 94.55% of budget. Benchmark for this month is
100.00% of budget.
• Average fuel cost in June for unleaded was $2.79 per gallon and diesel was $2.98 per gallon. The
City budgeted $3.35 per gallon.
• Sales tax revenue was $1,401,572 (estimate) or 105% of budget (excess of $40,000). Benchmark
for this month is 100% of budget.
• Expenditures were 95.29% of budget in the General Fund and 96.95% of budget in the Water and
Sewer fund. The benchmark for this period is 100% of budget.
• Pre - audited Fund Balance increase of $19,152.45.
• 98.9% tax collection rate (highest in ten years).
Motion by Council Member Tumage and seconded by Council Member Barfield to accept the Financial
Report. Motion unanimously approved.
Ordinance Amendment
Section IS
Solid Waste Management
Mayor Harris stated that this ordinance amendment is for discussion purposes only and any action relating
to it will need to go through the process of holding a public hearing. Mayor Harris yielded to Manager
Autry.
Manager Autry stated that this issue was discussed at the Budget Retreat and Council Member Robinson
requested that it be placed on tonight's agenda for further action. Mr. Autry asked that the Council
members review the proposed ordinance before a final draft is proposed.
It was discussed that Inspector Mike Blackmon and Public Works Director Billy Addison worked on the
ordinance as presented.
This is a proposed update to the solid waste ordinance since there is much confusion about which refuse,
rubbish and solid waste items are picked up by the City crews and which items are not. Additionally, this
amendment adds a definition for uncontrolled growth on undeveloped lots (under one acre in size) and
abatement measures for remedies to such a violation.
Section 18 -39 (e) Residences; was amended by removing the text which talked about landscape and tree
service contractors which was objected to during the Council retreat discussion.
Any equipment and personnel needed for enforcement will be charged to the person responsible for the
violation.
Mayor Harris asked Manager Autry to coordinate with Council Member Turnage and Robinson to review
this ordinance before submitting it to the Council. This will also involve Manager Autry obtaining pricing
for certain equipment which will be required to clear some of the uncontrolled growth on undeveloped lots.
ADMINISTRATIVE REPORTS
Motion by Mayor Pro Tern Galbreath and seconded by Council Member Billy Tart to accept the
Administrative Reports. Motion unanimously approved.
Additional Amendment to Agenda
Defer Demolition of Structure
N. King Avenue
PIN #1516 -69- 2064.000
PARCEL ID #02151607200020
(Demolition Ordinance adopted at 7 -9 -13 CCMtg.)
Motion by Council Member Robinson and seconded by Council Member Billy Tart to amend the agenda to
add Consideration for Discussion and/or Action - request to direct staff to defer demolition of the structure
located on N. King Avenue until after consideration of Mr. Tew's request (Mr. Tew spoke during the
Public Comment Period about this issue).
Mayor Harris entertained discussion
Council Member Maness stated that for clarification purposes, he wants to make sure the Council is not
deviating from their Public Comment Policy. He has no problem with the request to delay the time to
demolish the structure; however, he is a believer that they follow their policy and they cannot be subjective
on whom they choose to follow policy and who they don't. He quoted a section of the Public Comment
Policy which states "The City Council will not take action or respond to questions about issues raised
during the Public Comment Period at the same meeting ". Mr. Maness asked City Attorney Pope if the
Council would be violating their own policy if they choose to do this and are they setting a precedence of
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selectively picking and choosing when they are going to follow the Public Comment Policy and when they
are not.
City Attorney Pope stated that it would be a fair assessment that if the Council were to take any specific
action based on something that was brought up at the Public Comment Period that it would violate the
Public Comment Policy based on the language.
Council Member Maness asked Attorney Pope if it would be appropriate if the Council did not take any
action with respect to facilitating the demolition and let this come up as an agenda item at the next Council
meeting.
Council Member Robinson stated there may be a violation of the letter of the policy but the spirit of the
policy is to avoid bickering with presenters coming before this Council or those people who would come up
and demand an answer. The Council is here to serve the people and they do have the right to suspend the
rules of the Public Comment Policy.
Mayor Harris stated that this Council has the authority to amend the agenda and to take up any issue they
wish to take up so therefore they can act on that item for which they amended the agenda for.
Council Member Billy Tart withdrew his second to the motion. Motion died for lack of second.
Council Member Tannage stated they have a policy in place and suggested they simply delay the
demolition of the structure to allow time for the current owner and future owner to negotiate this property
in order to repair.
Mayor Harris stated that there are two willing parties, one willing to sell and one willing to buy and repair
the property; therefore, it is deserving of action of this Council to make sure they have taken the
responsible step. This Council is not here to tear down of people's property.
Based on the City Attorney's recommendation, consensus of the Council was to not take action in order to
allow the seller and purchaser to negotiate this property in order to accomplish the goals and objectives by
staff not rushing to destroy this property prior to the business owner and the prospective purchaser having
the opportunity to negotiate in good faith to expedite this transaction which accomplishes the goals and
objectives set out by this Council. Mayor Harris stated that the motion died for lack of second and they
will act upon the consensus of the Council.
ANNOUNCEMENTS
The following announcements and/or comments were made.
Mayor Harris:
➢ City offices will be closed on Monday, September 2, 2013 in observance of Labor Day.
➢ The next regular City Council meeting is scheduled for Tuesday, September 10, 2013 at 7:00 pm.
➢ ACCRF Race is Saturday, August 24, 2013 and encouraged support of this wonderful cause.
Council Member Maness;
➢ Thanked the public for their comments concerning the substandard dilapidated housing. While the
grade given the Council was probably accurate, he doesn't believe it's a grade that some of the
Council members deserve because a few years ago, this Council aggressively pursued a
substandard rental housing ordinance and tried desperately to adopt a policy which was met with
severe resistance from the landlords. He stated that the battle is not with the Council but is with
the landlords. This Council stands ready to work with anybody who wants to offer any
encouragement or any words of knowledge on how to proceed. The General Assembly eliminated
Fayetteville's PROP Program and it was replaced with RAMP which is less restrictive. He
thanked the public comment speaker for their insight and for recognizing a problem that this
Council has been aware of for some time and has in fact, tried to take action on it, had several
public hearings during that process and wished they had more support then. The Legislature
severely restricted the City's ability to do anything.
Council Member Robinson:
➢ Thanked Ms. White for her public comments and bringing the issue of substandard housing to
thew attention; adding they have not done all they can as it relates to slumlords and dilapidated
housing. One of the things they have failed to do is effectively enforce the Nuisance Ordinance.
His heart goes out to those people who have lived in these neighborhoods for twenty -five years
and find out that their next door neighbor is selling drugs or prostitution is occurring in their back
yard. The City needs to figure out what to do because the citizens cannot do it for themselves. He
appreciates what the police department has been doing but this is an issue affecting a number of
people in this town. The bad thing about substandard housing is the fact that people are raising
their children in it with a very limited view of what life should be and these children go to school
with other children and it hurts the whole community.
➢ Congratulated Dunn Housing Authority Executive Director Darlene Lee on the award of a HUD
Grant ($221,000) for large capital improvements. He is very proud of where public housing came
from in this City and thankful for the people who serve on the DHA board because they are
attempting to provide decent safe affordable housing in the City.
➢ Commented that the City has been blessed with a quiet summer compared to other areas. He
commended the young folks and their parents for this and encouraged the young folks to take this
attitude back to school.
344
Apologized for anyone he spoke to today about Codrington Park. The shelter looks great and he
has been assured that decent looking picnic tables will be placed in Codrington Park. He
appreciates the cooperation he received from the Mayor and staff today.
➢ August 28, 2013 - 50`h anniversary of the 1963 March on Washington. He attended this March
and for him, it was the most significant and successful Civil Rights event of the twentieth century.
That March helped this Country move beyond its racist past. They still have some civil rights
issues in this Country but he is hoping this generation of young people will step forward and do
what his generation did and make sure they live in a City, State and Country where they respect
everybody's rights and their human dignity.
Council Member Barfield:
➢ Wanted to put something on the agenda tonight but he couldn't do it. He has been promised by
Mayor Harris that the Council will talk about high grass in the Cemetery and along Highway 421
across from Gospel Tabernacle Church.
➢ Public Works Director Addison has been out of work due to a motorcycle accident.
➢ Questioned if the City has been successful in collecting money for weedy lot fees.
➢ There should be consistency in the traffic patterns in alleyways.
➢ Police Department is doing the best job in a long time.
➢ He cut his lot at Greenwood Cemetery.
Council Member Turnage:
➢ Requested an update on the Round -a -bout construction.
Manager Autry stated that NCDOT held a pre - construction meeting last Thursday. The contract has been
awarded and the completion date is projected for mid- December (weather permitting).
Manager Autry stated that the City of Dunn is not the reason for the closure at Powell and Ashe. NCDOT
made the decision to continue to keep this intersection closed to continue their repairs at the bridge. Bids
received by DOT were lower than projected therefore the City of Dunn will not have to pay $100,000
toward the cost of the Round -a -bout.
Council Member Billy Tart:
➢ Thanked Ms. Ina White for her comments and he stands behind her; however the last time the
Council tried to take action, they were met with resistance.
City Attorney Pope:
➢ Recognized Darby Pierce in the audience. She is an intern from Campbell University who has
worked in this office this summer and she wanted to come see a City Council meeting. He wished
her well as this is her last year at Campbell University.
City Manager Autry:
➢ Rooms to Go met with Assistant Manager Neuschafer and Planner Wullenwaber and several other
staff members as they are preparing to proceed with construction in early spring. They are asking
that water be on site by April 1, 2014. Rooms to Go is also discussing adding an additional
100,000 square feet to the proposed 1.1 million square foot facility. Mayor Harris stated that the
President of Rooms to Go told him that they would be moving their manufacturing back to the
United States.
Mayor Pro Tom Galbreath:
➢ Thanked Ms. Ina White for her comments.
➢ Codrington Park Shelter looks great.
➢ Thanked the City staff for placing speed bumps in the alleyway for City Barber Shop between W.
Broad and W. Edgerton.
➢ Section of fence that needs to be replaced in Resthaven Cemetery.
➢ Thanked Miller's Lawn and Landscaping for their maintenance around the I -95 corridor at Exit 73
and around the entrance signs.
➢ Encouraged the City Manager to make sure the selection of the next Police Chief represents the
make -up of the community and he knows the right decision will be made.
➢ Would like the City to ask NCDOT to re -study the E. Cumberland Street crossing at Washington
Ave. In response, Manager Autry stated that he has already resubmitted this request to NCDOT.
➢ Recognized two ministers from the Harnett County Ministerial Alliance present in the audience
and commended them for uniting the ministers of the minority community in Dunn and across the
County and for collecting funds to help those in need. He thanked them for the job they are doing.
➢ He still has sixteen (16) days to serve as Council Member and he commits to serve the remainder
of his term and is still available. He thanked the Council and community.
With no further business to discuss, a motion was made by Council Member Tumage and seconded by
Council Member Billy Tart to adjourn the meeting at 9:37 p.m. Motio nammously approved. `
CITY 0 ,o1''; scar N. H4mL4A&(
Attest: 2�
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Debra G. West
City Clerk
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