12102013MINUTES
CITY OF DUNN
DUNN, NORTH CAROLINA
The City Council of the City of Dunn held a Regular Meeting on Tuesday, December 10, 2013, at
7:00 p.m. in the Dunn Municipal Building. Present was Mayor Oscar N. Harris, Mayor Pro Tem
Buddy Maness, Council Members N. Carnell Robinson, Frank McLean, Billy Tart, Chuck Turnage
and Billy Barfield. Also present was City Manager Ronnie Autry, Assistant City Manager Steven
Neuschafer, Public Utilities Director Dean Gaster, Public Works Director Billy Addison, Chief
Building Inspector Steven King, Police Captain Johnny Royal, Recreation Director Perry Hudson,
Human Resources Director Anne Thompson, Librarian Mike Williams, City Engineers Michael
Goliber and Randy McNeill, City Attorney P. Tilghman Pope, City Clerk Debra West and Daily
Record Reporter Brian Haney.
Council Member Robinson arrived at 7:40 pm.
INVOCATION
Mayor Harris opened the meeting at 7:00 p.m. and asked Mayor Pro Tem Maness to give the invocation.
Afterwards, the Pledge of Allegiance was repeated.
AGENDA ADJUSTMENT AND APPROVAL
Motion by Mayor Pro Tem Maness and seconded by Council Member McLean to adopt the December 10,
2013 meeting agenda with changes, if any, as listed below.
Items Added to the Agenda:
• none
Agenda Items Removed:
• none
Motion unanimously approved.
PUBLIC COMMENT PERIOD
Mayor Harris opened the floor for a (30) minute public comment period.
Hearing none, the public comment period was closed.
Mayor Harris recessed the Council meeting and opened Public Hearings at 7:08 pm
PUBLIC HEARINGS
Rezoning Request PZ -02 -13
Longleaf Development Services
PIN #s 1507 -93 -2984. 000,1507 -03- 0551.000,1507 -93- 8990.000
Southwest Corner of Ashe Ave. & N. Powell Ave.
Mayor Harris stated that the public has been notified that oral and written comments will be heard and
received concerning the request by Longleaf Development Services to rezone three parcels of land, totaling
6 +/- acres, located at the southwest comer of Ashe Ave. & N. Powell Ave.
These properties are currently zoned R -20; Single Family Dwelling District and are requested to be rezoned
to C -3; Highway Commercial District.
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 November 14, December 3 & 10, 2013.
Mayor Harris asked if there was anyone present who wished to speak for or against Rezoning Request PZ-
02-13.
Mr. Don Ezzell, representative for Longleaf Development Services, 5429 Shoreline Ct. Holly Springs, NC
spoke on behalf of his client/contract purchaser Ms. Brewer, owner of Dunn Animal Hospital and current
property owner Mr. James Godwin in favor of this rezoning. His client would like to rezone this property
to C -3 to allow for commercial use. Mixed use of commercial, office, industrial and residential in the
proximity of this property would be compatible to the existing land uses.
Hearing no further comments, the public hearing was closed.
Rezoning Request PZ -03 -13
Warren Realty, LLC
PIN # 1516 -30- 7874.000
2 Dinan Road
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Mayor Harris stated that the public has been notified that oral and written comments will be heard and
received concerning the request by Warren Realty, LLC to rezone a parcel of land, totaling 4 +/- acres,
located at 2 Dinan Road.
This property is currently zoned I -100; Industrial District and is requested to be rezoned to C -3; Highway
Commercial District.
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 November 14, December 3 & 10, 2013.
Mayor Harris asked if there was anyone present who wished to speak for or against Rezoning Request PZ-
03-13.
Hearing no comments, the public hearing was closed.
Property Unfit for Human Habitation
604 S. Fayetteville Avenue
PIN #1516 -45- 7909.000
Mayor Harris stated that the public has been notified that oral and written comments will be heard and
received concerning the dwelling located at 604 S. Fayetteville Avenue as being unfit for human habitation
pursuant to N.C.G.S. 160A -441, ET SEQ.
The property is owned by TLMG, LLC.
The public hearing was duly advertised on November 26, 2013 and December 3, 2013.
Mayor Harris asked if there was anyone present who wished to speak for or against this property being
unfit for human habitation.
Hearing no comments, Mayor Harris closed the public hearings and reconvened the Council meeting at
7:10 pm.
CONSENTITEMS
Minutes — Council considered approval of minutes of the November 12, 2013 City Council meeting.
Monthly Performance Status Report-HTC — Council considered approval of Status Report for the month of
November, 2013 for the NC Catalyst Grant 12 -C -2476 — Harnett Training School Apartments Project.
Surplus Resolution — Council considered approval of a Resolution Authorizing the Disposition of Personal
Property by electronic means through www.GovDeals.com. A copy of Surplus Resolution (R2013 -33) is
incorporated into these minutes as Attachment #1.
Motion by Council Member Barfield and seconded by Council Member Tumage to approve all consent
items. Motion unanimously approved.
ITEMS FOR DECISION
Audit Report
Fiscal Year 2012 -2013
Auditor Phyllis Pearson of Petway, Mills & Pearson, PA gave a short summary of the FY 2012 -2013 audit
for the City of Dunn:
Reports
• Unmodified audit opinion - best audit report auditors give
• Unmodified audit opinion on an audit conducted under government auditing
standards
• Unmodified audit opinion on compliance with state /federal program requirements
Governmental Activities
• Total assets - $13M
• Total Liabilities - $7.5M
• Total net assets - $5.3M
• Total revenues - $9.7M
• Total expenses - $9.1M
Business -Type Activities (Water and Sewer Fund)
• Total assets - $28.5M
• Total liabilities - $8.9M
• Total net assets - $19.6M
• Total revenues - $4.5M
• Total expenses - $4.3M
General Fund
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• Total assets - $3.9M
• Total liabilities - $338,077
• Total fund balances - $3.4M
• Total revenues - $8.9M
• Total expenditures - $8.9M
Unassigned Fund Balance
• As of June 30, 2013 - $2.OM (well above the statutory requirement)
• Statutory recommendation — 8% of prior year expenditures
• Required amount - $714,246
• 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 $1,356,333 due to GASB
requirements
• No disagreements with management
• Management's representation letter was signed timely and promptly
• Report was submitted timely to LGC and GFOA
• No uncorrected misstatements
Motion by Mayor Pro Tem Maness and seconded by Council Member Barfield to approve the audit report
Motion unanimously approved.
Rezoning Request PZ -02 -13
Longleaf Development Services
PIN #s 1507 -93- 2984.000, 1507 -03- 0551.000,1507 -93- 8990.000
Southwest Corner of Ashe Ave. & N. Powell Ave.
Mayor Harris stated that this is a request to rezone three parcels of land totaling 6t acres, located at the
southwest comer of Ashe Ave. & N. Powell Ave. This property is currently zoned R -20; Single Family
Dwelling District and is requested to be rezoned to C -3; Highway Commercial District.
The Planning Board met on November 21, 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
voted unanimously to recommend approval of this request.
Motion by Council Member Barfield and seconded by Council Member Billy Tart to approve the request
from Longleaf Development Services to rezone three parcels of land (PIN #0507 -93- 2984.000, 1507 -03-
0551.000, 1507 -93- 8990.000) totaling 6f acres and located at the Southwest comer of Ashe Avenue and N.
Powell Avenue from R -20; Single Family Dwelling District to C -3; Highway Commercial District based on
the following justification:
1) The City of Dunn Land Use Plan identifies this area as residential and commercial on the future
land use map. This property is located in area one of the Land Use Plan.
2) The amendments are not inconsistent with the adjoining and surrounding land uses nor are they
considered detrimental.
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.
Rezoning Request PZ -03 -13
Warren Realty, LLC
PIN # 1516 -30- 7874.000
2 Dinan Road
Mayor Harris stated that this is a request to rezone a parcel of land totaling 4t acres, located at 2 Dinan
Road. This property is currently zoned I -100; Industrial District and is requested to be rezoned to C -3;
Highway Commercial District.
The Planning Board met on November 21, 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
voted unanimously to recommend approval of this request.
Motion by Council Member Tumage and seconded by Mayor Pro Tern Maness to approve the request from
Warren Realty, LLC to rezone a parcel of land (PIN #1516 -30- 7874.000) totaling 4t acres and located at 2
Dinan Road from I -100; Industrial District to C -3; Highway Commercial District based on the following
justification:
1) The City of Dunn Land Use Plan identifies this area as Industrial on the future land use plan. This
property is located in area three of the Land Use Plan.
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2) The amendment is not inconsistent with the adjoining and surrounding land uses nor is it
considered detrimental.
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 Ordinance
Declaring Property Unfit for
Human Habitation
604 S. Fayetteville Avenue
PIN #1516 -45- 7909.000
PARCEL # 02151610390002
Mayor Hams stated that Building Inspector Mike Blackmon has conducted an inspection at 604 S.
Fayetteville Avenue and found the structure in a deteriorated condition that does not meet the requirements
of the City of Dunn Minimum Housing Code (MHC). The Building Inspector also found the property
dangerous or prejudicial to the public health or public safety and is a nuisance in violation of N.C.G.S.
160A -193.
The owner of the property has failed to comply with the Building Inspector's order to bring the structure on
the property into compliance with the City of Dunn MHC and pursuant to N.C.G.S. 160A -443, the City
Council has the authority to direct the Chief Building Inspector to post on the main entrance of the property
a placard that states "This building is unfit for human habitation; the use or occupation of this building for
human habitation is prohibited and unlawful ".
If the owner of the property has not repaired, altered or improved the property to bring it into compliance
with Section 4 -31 of the Dunn City Code within (12) months of the adoption of this ordinance, the Building
Inspector is directed to bring the matter back before the City Council for further consideration of remedies
available to the City of Dunn under N.C.G.S. 160AA43.
Motion by Mayor Pro Tern Maness and seconded by Council Member Billy Tart to adopt the ordinance
Declaring the Property located at 604 S. Fayetteville Avenue (PIN #1516 -45- 7909.000) as Unfit for Human
Habitation Pursuant to N.C.G.S. 160A -441, ET SEQ. Motion unanimously approved. A copy of
Ordinance (02013 -11) declaring the building at 604 S. Fayetteville Avenue as Unfit for Human Habitation
is incorporated into these minutes as Attachment #2.
Discussion was held that if the Council acts upon this request, this would allow the City to place a placard
on 604 S. Fayetteville Avenue which will prevent habitation of this unit. City Attorney Pope explained that
since the City has been unsuccessful at inspecting 606 S. Fayetteville Avenue (the other side of this
duplex), they can obtain an administrative search warrant to inspect 606 S. Fayetteville Avenue since this is
a duplex structure. Discussion was held that this process will aid the City with inspecting 606 S.
Fayetteville Avenue.
Award Bid —
I -95 Water & Sewer System Improvements
Phase I Water
Existing Water Main to Saddlebred Road
Manager Autry explained that bids were received and opened on Thursday, November 21, 2013 for the I -95
Water & Sewer System Improvements, Phase I Water — Existing Water Main to Saddlebred Road to serve
the proposed new Rooms to Go Facility. This project includes the installation of approximately 2275 LF of
12 -inch DI Water Main, installation of 1010 LF 14" HDPE Water Main by Directional Bore and
miscellaneous valves, hydrants, fittings and erosion control features.
The five (5) lowest bids were submitted by the following contractors:
Alternate Bid I
Wellons Construction, Inc. $251,655.00
Dunn, NC
Sanford Contractors, Inc. $255,471.10
Sanford, NC
Moffat Pipe, Inc. $283,620.00
Wake Forest, NC
Sandhills Contractors, Inc. $290,811.28
Sanford, NC
Sandy's Hauling & Backhoe $300,130.00
Roseboro, NC
7:40 pm — Council Member Robinson arrived at the meeting
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After evaluation of bids received, Davis - Martin- Powell & Associates recommends that the City of Dunn
make an award to Wellons Construction, Inc. in the amount of $251,655.00.
Manager Autry explained that Rooms to Go advised him by email that they will be closing on the property
in mid- January. He advised Rooms to Go that their timeline proposed to the City, was to have water in
place at the southern tip of the Rooms to Go property by April 1, 2014 however, the City is very
uncomfortable giving a notice to proceed with this contract until this property is closed upon.
City Attorney Pope stated that the proposed recommended motion is to award the contract to the low bidder
contingent upon Rooms to Go closing on the purchase of the land. As an addition, if Rooms to Go will
send a letter of commitment that says if the City proceeds with installation of the water line and they do not
close on the land, they will reimburse the City for any expenses incurred, that might allow the City to move
a little quicker so he has prepared a proposed motion which would award the contract to the low bidder
contingent on Rooms to Go closing on the purchase of the land or providing a letter of commitment to
reimburse the City in the event they do not close, whichever occurs first. This will allow the City to keep
moving as quickly as possible on the timeline that the City promised Rooms to Go.
Motion by Council Member Billy Tart and seconded by Council Member Barfield to award the bid to the
lowest bidder, Wellons Construction, Inc. in the amount of $251,655.00 contingent upon Rooms to Go
closing on their land purchase or a letter of commitment by Rooms to Go to reimburse the City of Dunn for
funds spent and committed in the event Rooms to Go fails to close on the purchase of the land. Motion
unanimously approved.
Interlocal Agreement to
Participate Under the
Debris Removal Agreement between
Harnett County and CrowderGulf, LLC
Manager Autry explained that this agreement is a continuation of a document already in place in the event
of a natural disaster requiring professional debris management and removal services. This would increase
the response time for cleanup and not require the City to bid out these services.
The County of Harnett required RFP's for professional debris management and removal services in the
event of a natural disaster. CrowderGulf, LLC was chosen from the submittals. This would allow the City
of Dunn to participate under this agreement. The City of Dunn last approved this agreement in December
of 2010.
Motion by Council Member Turnage and seconded by Mayor Pro Tern Maness to approve the Interlocal
Agreement to participate under the debris removal agreement between Harnett County and CrowderGulf,
LLC. Motion unanimously approved. A copy of the Interlocal agreement for debris removal is
incorporated into these minutes as Attachment #3.
Consideration of Resolution
Adopting the 2014 Regular Meeting
Schedule for the City of Dunn
City Council
A resolution establishing the City Council meeting dates for 2014 was considered by the Council.
Motion by Council Member Barfield and seconded by Council Member Billy Tart to adopt a Resolution
Establishing the 2014 Regular Meeting Schedule for the Dunn City Council. Motion unanimously
approved. A copy of Resolution (R2013 -34) Establishing the 2014 regular meeting schedule is
incorporated into these minutes as Attachment #4.
Board Appointments —
Board of Adjustment
Motion by Council Member Barfield and seconded by Mayor Pro Tem Maness to make the following two
(2) appointments to the Board of Adjustment to fill current in -town vacancies with both terms of
appointment expiring June 30, 2016:
Donald Robert Strassburg — 311 Westfield Dr. Term of appointment will expire June 30, 2016.
Robert E. Brooks, Jr. —114 Glen Almond Ct. Term of appointment will expire June 30, 2016.
ITEMS FOR DISCUSSION
AND /OR DECISION
Financial Report
In the absence of Finance Director Mark Stephens, Manager Autry provided the following financial report
for the period ending October 31, 2013:
• As of October 31, 2013, the City had $ I AM in cash in the General Fund and $1.7M in the Water -
Sewer Fund. In October of 2012 the City had $1.9M in the General Fund and $2M in the Water -
Sewer Fund.
• Investment earnings are in the .10 % -.08% range.
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• Building permit fees were $22,192 or 40.35% of budget. Benchmark for this month is 33.33% of
budget.
• Water and sewer revenues were $1,540,122 or 33.48% of budget. Benchmark for this month is
33.33% of budget.
• Average fuel cost in October for unleaded was $2.74 per gallon and diesel was $3.14 per gallon.
The City budgeted $3.15 per gallon.
• Sales tax revenue was $353,982 or 25.47% of budget. Benchmark for this month is 25.00% of
budget.
• Expenditures were 32.70% of budget in the General Fund and 30.29% of budget in the Water and
Sewer fund. The benchmark for this period is 33.33% of budget.
Motion by Mayor Pro Tern Maness and seconded by Council Member Barfield to accept the Financial
Report. Motion unanimously approved.
ADMINISTRATIVE REPORTS
Motion by Council Member Barfield and seconded by Mayor Pro Tern 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 Tuesday, Wednesday & Thursday, December 24th, 25th, & 26'h
for Christmas and Wednesday, January 1s' for New Year's Day.
➢ The next regular City Council meeting is scheduled for Tuesday, January 14, 2014 at 7:00 pm.
➢ Employee Christmas Luncheon will be held on Friday, December 13, 2013 beginning at 11:30 am
in the Dunn Community Center. City retirees and advisory board members have been invited.
➢ Blessed as a City this past year:
o PAL program transitioning to a 501 (c) (3).
o Completed I" Phase of Tyler Park— 2 °d Phase will be completed in 2014. Accomplished
with citizens pledging $1.2M to the City toward this project.
o Rooms to Go development and future annexation. This project should be complete in
2015.
o Downtown Revitalization Project is complete; only portion left is N. Magnolia Avenue.
0 5th consecutive year increase in fund balance and increase in the cash position.
o Thanked the Council for working with him and the Department heads for all these
accomplishments during the economic downturn.
o Thanked all City employees and the volunteers who work on the various advisory boards.
o Thanked City Clerk Debbie West for accurate minutes and keeping the Council informed.
o Thanked the All- America City delegation for their work and personal expense in
obtaining the AAC designation in Denver, Colorado and thanked the AAC delegation for
their participation as Grand Marshalls of the Dunn Christmas Parade.
➢ Wished everyone a Merry Christmas and prosperous New Year.
Council Member Barfield:
➢ Concerned with the change of insurance for retired City employees over 65.
➢ Ditch along Highway 421 in front of the ABC store needs attention. Trees and growth needs to be
cut along this ditch or have NCDOT clean it.
➢ Street lights were reported to Duke Energy and City representative, Mr. Tom Underhill has
requested that any street lights not working be reported to him and they will be repaired in a
timely matter.
➢ Since the City adopted the downtown Sidewalk ordinance, there are still problems downtown with
a motor scooter parking on the sidewalk and trash receptacles are still in the five foot pedestrian
zone.
➢ Many folks, local and out of state, have visited the Santa House downtown.
Council Member Turnage:
➢ The event, Christmas on Broad was very well attended and many favorable comments were made
about the appearance of downtown.
Council Member Billy Tart
➢ Wished everyone a Merry Christmas and a Happy New Year.
Mayor Pro Tern Maness:
➢ Wished everyone through -out the City a very Merry Christmas and a prosperous New Year. There
is much to be thankful for and this is a time to celebrate with family and friends. Also remember
those families that aren't able to enjoy Christmas because of loved ones deployed protecting our
freedoms.
Council Member Robinson:
➢ Wished everyone a very Merry Christmas and a great time for every family within our community.
➢ Reminded everyone that the 14'h Annual Martin Luther King Day Parade will be held in
Downtown Dunn on January 20, 2014 and invited everyone to participate. The theme is "Moving
Forward Together ".
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Council Member McLean:
➢ Hopes everyone has a very Merry and prosperous Christmas. He wished for everyone to be safe
during this holiday season. If anyone has more than they need, please share with the less
fortunate.
Manager Autry:
➢ In response to Council Member Barfield's concern about the Post 65 employees insurance, it has
been modified during open enrollment as a result of Council directing staff to evaluate the Post 65
retiree insurance. The City was previously providing Post 65 employees with supplemental
insurance at 100% (no co -pays) for employees that retired with 25 years of service. The City's
current insurance carrier offered a supplemental policy comparable to coverage provided to active
employees. Post 65 retirees will now have to pay co -pays just as active employees pay. This will
be beneficial to the Post 65 employees and the City of Dunn.
With no further business to discuss, a motion was made by Council Member Barfield and seconded by
Council Member McLean to adjourn the meeting at 8:19 p.m. Motion unanimously approved.
Attest:
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Debra G. West
City Clerk
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