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04142009443 MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Regular Meeting on Tuesday, April 14, 2009, at 7:00 P.M. in the Dunn Municipal Building. Present was Mayor Oscar N. Harris, Mayor Pro Tem N. Carnell Robinson, Council Members Buddy Maness, Bryan Galbreath, Billy Tart, Chuck Turnage and Joey Tart. Also present was City Manager Ronnie Autry, Finance Director Mark Stephens, Public Works Director Billy Addison, Public Utilities Director Dean Gaster, Recreation Director Perry Hudson, Chief Building Inspector Mike Blackmon, Planning Director Steven Neuschafer, Librarian Mike Williams, Police Chief B.P. Jones, City Engineer Ed Powell, City Attorney P. Tilghman Pope, City Clerk Debra West, and Daily Record Reporter Reece Murphy. 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 Mayor Pro Tem Robinson and seconded by Council Member Joey Tart to adopt the April 14, 2009 meeting agenda with changes, if any, as listed below. Items Added to the Agenda: • Authorization for Police Department to Submit and Accept Recovery Act: Edward Byrne Memorial Justice Assistance Grant (JAG) • Closed Session to consult with the City Attorney about a legal matter Agenda Items Removed: • none Motion unanimously approved. PRESENTATIONS Retirement Resolution Ronald Radcliffe Mayor Harris and Police Chief Jones presented Ronald Radcliffe, a retirement resolution, in recognition and appreciation of more than 30 years of service to the City of Dunn Police Department. A copy of Resolution (R2009 -15) recognizing Ronald Radcliffe is incorporated into these minutes as Attachment #1. Presentation of Intermediate Certification to Master Patrol Officer Ricky Jackson Mayor Harris and Police Chief Jones presented the Criminal Justice Education and Training Standards Commission Intermediate Law Enforcement Certificate to Master Patrol Officer Ricky Jackson. Introduction of Newly Employed Police Personnel Police Chief Jones introduced the following recently employed Police personnel: 1. Telecommunicator Cindy Carter (was not present) 2. Police Officer I Daniel Barefoot 3. Police Officer I Jonathan A. Butler Dunn Crime Stoppers Report Sgt. Regina Autry Police Sgt. Regina Autry presented a brief report on the success of the Dunn Crime Stoppers Weekly Wanted Program which was implemented in December, 2008 after she attended the Annual Crime Stoppers Conference in October 2008 and learned about the success of a similar program which featured fugitives in \, the local newspaper. Eighteen (18) individuals have been featured in the local paper with fourteen (14) apprehended thus far. Since the program began, Crime Stoppers has paid out $725.00. Crime Stoppers operates primarily on donations, fund raisers and grants. Mayor Harris thanked Sgt. Autry for thejob she does and this wonderful program. Dunn Area Chamber of Commerce Beautification and Image Committee Kim Schmidlin, representative of the Dunn Area Chamber of Commerce Beautification and Image Committee, gave a presentation with regard to a Citywide Clean Up Day they have scheduled for Saturday, May 30, 2009 (date was changed from May 2, 2009 due to conflicts) and asked for the support of the City. They requested the assistance of city volunteers, church groups, civic groups, and neighborhoods in promoting this effort. They also requested that the City proclaim May 30, 2009 as Dunn Community Clean Up Day. 444 Mayor Harris thanked this committee for all their hard work and he recognized the Chamber of Commerce representatives in the audience. *A proclamation designating May 30, 2009 as Duna Community Clean Up Day was adopted by the Council under the Consent Agenda. PUBLIC COMMENT PERIOD Mayor Harris opened the floor for a (30) minute public comment period. Joey Baines, Youth Pastor from Central Baptist Church - He spoke about a mission trip the youth have planned for this summer within the City to reach out and serve others. They would like to team up with, individuals, the City and Chamber to help the community. Ideas are to stop by different organizations from 1 July 13 — 16, 2009 to offer their services. They are open to suggestions from the City on how to help the less fortunate individuals and families within the community. Hearing no further comments, the public comment period was closed at 7:21 p.m. PUBLIC HEARINGS Conditional Use Permit CU -01 -09 Alfreda Purcell McKay PIN #1517 -80- 4899.000 1205 N. Railroad Avenue A request was received from Alfreda Purcell McKoy (applicant) for the issuance of a conditional use permit to allow for the installation of a Class A manufactured home at 1205 N. Railroad Avenue. This property is currently zoned RM; Multi - Family Dwelling District and a conditional use hearing is required in the zoning ordinance for this type of use. This Public Hearing is an opportunity for the Council to hear sworn testimony and receive specific evidence from the public to include any party for or against the request. The public hearing was duly advertised on March 17, 31 and April 7, 2009 Mayor Harris yielded to City Attorney Pope City Attorney Pope introduced CU O1 -09 a request by Alfreda Purcell McKoy for the issuance of a conditional use permit to allow for the installation of a Class A manufactured home at 1205 N. Railroad Avenue. The hearing on this matter is judicial in nature and will be conducted in accordance with special due process safeguards. Attorney Pope asked that all persons who wish to testify in this case, approach the podium to be sworn or give their affirmation. Swearing -In: City Attorney Pope administered oaths to: City Planner Steven Neuschafer Alfreda Purcell McKoy Explanation of Proceeding Attorney Pope explained that testimony will first be given by City Planner Steven Neuschafer, then from the applicant and their witnesses, and then from opponents to the request. Parties may cross - examine witnesses after the witness testifies when questions are called for. If you want the Council to see written evidence, such as reports, maps, or exhibits, the witness who is familiar with the evidence should ask that it be introduced during or at the end of his or her testimony. Reports from persons who are not present to testify will not be accepted. Attorneys who speak should not give factual testimony but may summarize their client's case. Before beginning your testimony, please clearly identify yourself for the record. City Attorney Pope opened the hearing on Case #CU O1 -09 Conditional Use Permit Application and asked for testimony from City Planning Director Steven Neuschafer. Testimony from the Planner Planner Neuschafer asked that the documents contained behind tab #20 in the City Council packet which includes the conditional use application, Planning Department staff report and map of the property be entered as evidence. (A copy of these documents entered as evidence for Case #CU 01 -09 Conditional Use �® Permit is incorporated into these minutes as Attachment #2) Mr. Neuschafer explained that the Planning Board met March 24, 2009 and recommended to approve this conditional use permit. Some comments were received from an adjacent property owner. After reviewing the information, the Planning Board felt this was a positive impact and they voted to forward a favorable recommendation to the Council. This manufactured home will meet the set -back requirements. At the end of the City Planner's testimony, Attorney Pope asked if there were any questions of the City Planner. Mayor Pro Tern Robinson asked Mr. Neuschafer if a permanent foundation would be installed and if a Class A manufactured home is the same as a double -wide home. Mr. Neuschafer responded that a double- 445 wide is essentially the same as a Class A manufactured home. The zoning ordinance requires that a masonry permanent underpin be installed and it must also have a roof pitch and porch. Attorney Pope asked if there were questions of the City Planner from any opponent/proponent. None were heard Attorney Pope asked for testimony from the Applicant /Proponents Applicant, Ms. Alfreda McKoy, requested permission to erect this manufactured home Attorney Pope asked the Council if they had any questions of Ms. McKoy. Mayor Harris asked Mr. Neuschafer how much time will Ms. McKoy be given, to set -up this home with the Conditional Use Permit. Mr. Neuschafer responded that if approved, the Conditional Use Permit would run with the land as long as it meets the zoning criteria and she would be allowed to install it in any period of time. There would not be a certain requirement to setting it up within 60 -90 days because the Conditional Use Permit runs with the land. Attorney Pope stated that the Council could place conditions on granting the Conditional Use Permit such that if the Council desired to have the home installed within a certain period of time before the Conditional Use Permit became void, that would be a condition that the Council could consider if they were so inclined. City Attorney Pope entertained questions from other parties for the applicant /proponents. None were heard. Testimony from Opponents No one spoke in opposition of the request. Attorney Pope entertained further questions from the City Council members for the applicant, proponents, opponents, or for the planner or other sworn persons. He explained that once the public hearing is closed, the only questions that the Council may pose to the applicant, proponents or opponents shall be for clarification. No new evidence can be introduced after closing the public hearing. Any additional conditions that the Council wishes to consider to place upon the use of the land by the applicant, must ask the applicant if he /she will voluntarily place the condition upon his/her property at this time. Mayor Pro Tem. Robinson stated that to the best of his knowledge, he is not aware of any conditions in the past, being imposed on this type of housing. It makes for affordable decent housing. Mayor Pro Tem Robinson asked Ms. McKoy if this will become her home. She responded it will be her home but she will not reside there. She has plans for a family member to live there. Attorney Pope asked if the Council had further questions for Ms. McKoy or Mr. Neuschafer. Council Member Joey Tart asked Mr. Neuschafer if the Planning Board was aware that someone else would be living in the mobile home. Mr. Neuschafer responded that typically they do not consider that as part of the request, the property could change hands or it could be leased out; the issue they consider is the use of the property. Mr. Tart asked Ms. McKoy if she will be renting the home. She responded yes. With no further testimony, a motion was made by Mayor Pro Tern Robinson and seconded by Council Member Billy Tart to close the public hearing for CU -01 -09 at 7:34 p.m. Motion unanimously approved. Demolition of House 820 E. Divine Street Mayor Harris stated that the public has been notified that oral and written comments will be heard and received concerning the demolition of the dwelling owned by TLMG, LLC and located at 820 E. Divine Street. The public hearing was duly advertised on March 31, 2009 and April 7, 2009. Mayor Harris asked if there was anyone present to speak for or against this demolition. Hearing no comments, Mayor Harris closed the public hearing. Annexation ANX -01 -09 — City -Owned Property — / PIN #1526 -08- 5581.000, and 1526 -06- 0867.000 804 E. Johnson Street and in between Lincoln St. & McNeil Circle Mayor Harris stated that the public has been notified that oral and written comments will be heard and received concerning the question of annexing the following described property owned by the City of Dunn and contiguous to the current City boundaries. 804 E. Johnson Street In between Lincoln St. & McNeil Circle PIN #1526 -08- 5581.000 PIN #1526 -06- 0867.000 Parcel ID #02 1517 2011 0025 Parcel ID#0215269002 20.00 acres 8.20 acres 446 The public hearing was duly advertised on April 2, 2009. Mayor Harris asked if there was anyone present to speak for or against this annexation. Hearing no comments, Mayor Harris closed the public hearing. Annexation ANX -02.09 — City -Owned Property — PIN # 150 -81 -9863. 000,1506 -82- 9442. 000,1506 -82- 5977.000,1506 -83- 2079.000, 1506 -83- 3552.000, and 1506 -72- 9881.000 Wastewater Treatment Plant and Animal Shelter — south of Susan Tart Road Mayor Harris stated that the public has been notified that oral and written comments will be heard and received concerning the question of annexing the following described property owned by the City of Dunn and non - contiguous to the current City boundaries. Wastewater Treatment Plant, Animal Shelter — Located South of Susan Tart Road TRACTI TRACT2 TRACT3 PIN #1506 -81- 9863.000 PIN #1506 -82- 9442.000 PIN#1506 -82- 5977.000 Parcel 113#021506 9004 Parcel ID#021506 9005 Parcel I13#021506 9003 7.8 acres 12.54 acres 1.20 acres TRACT4 PIN#1506 -83- 2079.000 Parcel ID#021506 9001 7.53 acres TRACT 5 PIN#1506 -83- 3552.000 Parcel ID#021505 0142 02 1.06 acres TRACT 6 PIN#1506 -72- 9881.000 Parcel ID#021506 9002 3.8 acres The public hearing was duly advertised on April 2, 2009. Mayor Harris asked if there was anyone present to speak for or against this annexation. Hearing no comments, Mayor Harris closed the public hearing. Annexation ANX -03.09 — City -Owned Property — PIN #1526 -42- 0831.000, and 1526 -42- 0991.000 Pump Station Eastside #1— east of NC 55 Hwy. & north of US 421 Mayor Harris stated that the public has been notified that oral and written comments will be heard and received concerning the question of annexing the following described property owned by the City of Dunn and non - contiguous to the current City boundaries. Pump Station Eastside #1— Located east of NC 55 Hwy. & north of US 421 TRACT] PIN #1526 -42- 0831.000 Parcel ID# 021526 9004 3.3 acres TRACT 2 1526 -42- 0991.000 Parcel ID# 021526 9009 2.38 acres The public hearing was duly advertised on April 2, 2009. Mayor Harris asked if there was anyone present to speak for or against this annexation. Hearing no comments, Mayor Harris closed public hearings at 7:38 p.m. CONSENTITEMS Minutes - Council considered approval of minutes of the March 10, 2009 Council meeting. Tax Releases/Refunds —Council considered approval of Tax Releases/Refunds #157 - #165. Copies of Tax Releases/Refunds are filed in the office of the Tax Collector. Proclamation- Council considered approval of a Proclamation designating May 30, 2009 as Dunn Community Clean Up Day in the City of Dunn. A copy of Dunn Community Clean Up Day Proclamation (P2009 -04) is incorporated into these minutes as Attachment #3. Proclamation- Council considered approval of a Proclamation designating May 3 - 9, 2009 as Municipal Clerks Week. A copy of Municipal Clerks Week Proclamation (P2009 -05) is incorporated into these minutes as Attachment #4. ,' 1 447 Proclamation- Council considered approval of a Proclamation designating April 12 - 18, 2009 as National Library Week. A copy of National Library Week Proclamation (P2009 -06) is incorporated into these minutes as Attachment #5. Proclamation - Council considered approval of a Proclamation designating May 1, 2009 as Silver Star Banner Day. A copy of Silver Star Banner Day Proclamation (P2009 -07) is incorporated into these minutes as Attachment #6. 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 (R2009 -16) is incorporated into these minutes as Attachment #7. Motion by Council Member Maness and seconded by Council Member Joey Tart to approve all consent items. Motion unanimously approved. ITEMS FOR DECISION Conditional Use Permit CU -01 -09 Alfreda Purcell McKoy PIN #1517 -80- 4899.000 1205 N. Railroad Avenue This request is for the installation of a Class A Manufactured home, which is comprised of two separate units that will be moved to this location and set up. The foot print of the structure will meet the same setback requirements as a single - family building in the RM district. There are mostly single family homes in this neighborhood located just north of Granville Street and west of the railroad tracks. There are four existing Class A Manufactured homes in the area. The location of this request is immediately parallel to the railroad tracks on N. Railroad Avenue. This property is currently zoned RM; Multi- Family Dwelling District and a Conditional Use hearing is required in the zoning ordinance for this type of use. The Planning Board met on March 24, 2009, reviewed the request and asked for comments from the public. After hearing comments from the public and the request from the applicant, the Planning Board recommended to approve this request. The vote was unanimous with a motion being made to recommend approval. Motion by Mayor Pro Tom Robinson and seconded by Council Member Galbreath to approve CU -01 -09 i based on the following findings of fact: 1. The use requested is listed among the conditional uses in the district for which the application is made. Per the zoning ordinance Article IX Division 1 Section 22 -461 (4) g, the Conditional Use is listed in the ordinance. 2. The requested use is essential or desirable to the public convenience or welfare of the surrounding community. 3. The requested use will not impair the integrity or character of the surrounding or adjoining districts, nor be detrimental to the health, morals, or welfare. There will not be direct impact to the adjacent neighborhood due to the fact that Class A Manufactured homes exist in the neighborhood and this installation would not be introducing a new type of housing in the area. Therefore, the installation of this Class A Manufactured home would not be detrimental to the area. 4. The requested use will be in conformity with the land development plan. The location of this request is an established residential area along an average minor thoroughfare; the issuance of this permit will be appropriate with the anticipated growth pattern of future residential development identified in area one of the 2030 Land Use Plan. 5. Adequate utilities, access roads, drainage, sanitation, and other necessary facilities have been or are being provided. All facilities are available at this location which has been in place before, serving the house that was previously on this lot. Motion unanimously approved. Consideration of Ordinance to Demolish House 820 E. Divine Street Motion by Council Member Galbreath and seconded by Mayor Pro Tent Robinson to adopt the ordinance d the Building Inspector to proceed with the demolition of the dwelling located at 820 E. Divine Street Motion unanimously approved. A copy of Ordinance (02009 -04) to demolish 820 E. Divine Street is incorporated into these minutes as Attachment #8. Mayor Pro Tem Robinson asked for the tax value of this property. Manager Autry responded that he had this information after talking with Mr. Robinson earlier in the day. The building value is $18,740 and the land value is $7500.00. Mr. Robinson stated that his point is that they continue to chip away at the tax base of the City and they need to find a new way to replace it due to the number of vacant lots being created. 448 Consideration of Annexation ANX -01.09 Ordinance City -owned Property At the March 10, 2009 Council meeting, the City Council approved the Resolution Stating the Intent of the City of Dunn to annex the following contiguous City -owned property located at 804 E. Johnson Street and in between Lincoln Street and McNeil Circle. 804 E. Johnson Street PIN #1526 -08- 5581.000 Parcel ID #02 1517 2011 0025 20.00 acres In Between Lincoln St. & McNeil Circle PIN # 1526 -06- 0867.000 Parcel ID#0215269002 8.20 acres Motion by Council Member Joey Tart and seconded by Council Member Maness to adopt an ordinance to Extend the Corporate Limits of the City of Dunn by the annexation of City -owned property identified by Harnett County as PIN #1526 -08- 5581.000 and 1526 -06- 0867.000 located at 804 E. Johnson Street and in between Lincoln Street and McNeil Circle. Motion unanimously approved. A copy of Annexation Ordinance (02009 -05) is incorporated into these minutes as Attachment #9. Consideration of Annexation ANX -02 -09 Ordinance City -owned Property At the March 10, 2009 Council meeting, the City Council approved the Resolution Stating the Intent of the City of Dunn to annex the following non - contiguous City -owned property located south of Susan Tart Road. Wastewater Treatment Plant, Animal Shelter— Located South of Susan Tart Road TRACT 1 TRACT 2 TRACT 3 PIN#1506 -81, 9863.000 PIN #1506-82-9442.000 PIN#1506 -82- 5977.000 Parcel ID#021506 9004 Parcel ID#021506 9005 Parcel ID#021506 9003 7.8 acres 12.54 acres 1.20 acres TRACT 4 TRACT 5 TRACT 6 f� PIN#1506 -83- 2079.000 PIN#1506 -83- 3552.000 PIN#1506 -72- 9881.000 Parcel ID#021506 9001 Parcel ID#021505 0142 02 Parcel ID#021506 9002 7.53 acres 1.06 acres 3.8 acres Motion by Council Member Joey Tart and seconded by Council Member Galbreath to adopt an ordinance to Extend the Corporate Limits of the City of Dunn by the annexation of City -owned property identified by Harnett County as PIN 01506 -81- 9863.000, 1506 -82- 9442.000, 1506 -82- 5977.000, 1506 -83- 2079.000, 1506 -83- 3552.000, and 1506 -72- 9881.000 - Wastewater Treatment Plant and Animal Shelter located south of Susan Tart Road. Motion unanimously approved. A copy of Annexation Ordinance (02009 -06) is incorporated into these minutes as Attachment #10. Consideration of Annexation ANX -03.09 Ordinance City -owned Property At the March 10, 2009 Council meeting, the City Council approved the Resolution Stating the Intent of the City of Dunn to annex the following non - contiguous City -owned property located east of NC 55 Hwy. and north of US 421. Pump Station Eastside #1— Located east of NC 55 Hwy. & north of US 421 TRACT] PIN #1526 -42- 0831.000 Parcel ID# 021526 9004 3.3 acres TRACT 2 1526 -42- 0991.000 Parcel ID# 021526 9009 2.38 acres Motion by Council Member Maness and seconded by Council Member Billy Tart to adopt an ordinance to Extend the Corporate Limits of the City of Dunn by the annexation of City -owned property identified by Harnett County as PIN #1526 -42- 0831.000, and 1526 -42- 0991.000 — Pump Station Eastside #1 located east of NC 55 Hwy. and north of US 421. Motion unanimously approved. A copy of Annexation Ordinance (02009 -07) is incorporated into these minutes as Attachment #11. 449 Consideration of a Resolution Identifying the Area Described Herein As Being Under Consideration for Annexation Manager Autry explained that a Resolution Identifying the Area Described Herein as Being Under Consideration for Annexation is a resolution required in the General Statutes as a first step in the annexation process. The resolution remains active for two years and is commonly adopted every two years as a matter of procedure. This property is identified for future potential annexation. This resolution has been adopted by the City in the past, the last time being in March of 2001. Motion by Mayor Pro Tern Robinson and seconded by Council Member Turnage to adopt the Resolution Identifying the Area Described Herein as Being Under Consideration for Annexation. Motion unanimously approved. A copy of Resolution (R2009 -17) Identifying the Area as being under consideration for Annexation is incorporated into these minutes as Attachment #12. Resolution of Intent to Permanently Close a Public Street Portion of White Line Road Manager Autry explained that the adjoining property owners have requested that a portion of White Line Road, where it used to dead end into the interstate off ramp be closed permanently. This portion is located directly behind Wendy's. A water and sewer main is located in the street right -of -way and the petitioners have agreed to give the City an easement for these utilities. The Resolution of Intent is attached and the public hearing will be held at the May meeting, if approved. As part of the procedures, the public hearing will be advertised once a week for four successive weeks prior to the May City Council meeting. Additionally, the property owners will be provided a notice of the public hearing and notice posted in at least two places along the street prior to the public hearing. Motion by Council Member Maness and seconded by Council Member Billy Tart to adopt the Resolution of Intent and call for a public hearing to be held at the May 12, 2009 Council meeting for the purpose of permanently closing a portion of White Line Road. Motion unanimously approved. A copy of Resolution of Intent (R2009 -18) to close a portion of White Line Road is incorporated into these minutes as Attachment #13. Award of Bid Grapple Boom Limb & Debris Loader Truck Manager Autry stated that bids were received and opened on Friday, March 20, 2009 for the purchase of a Grapple Boom Limb & Debris Loader Truck for the Public Works Department. Bids submitted are as follows: Submitte Public Works Equipment 3405 Westside Industrial Dr Monroe, NC 28110 Carolina Environmental Systems 2750 Highway 66 South Kernersville, NC 27284 Cavalier Equipment Corp. 1975 Lee Highway Cloverdale, VA 24077 Model Bid Amount Nu Life Brush Hawg $98,890.00 new 2008 Ford F750 YLT Pac -Mac KBF -20H w/ $99,410.00 2010 Freightliner M2 Peterson Model TL -3 Lightning $104,446.00 new 2009 GMC TC7500 After evaluating the bids, it is the recommendation of the City Manager to award the second lowest bid received by Carolina Environmental Systems based on the fact that for an additional $520.00, they will provide a new 2010 model truck as compared to the low bid submitted by Public Works Equipment to provide a new 2008 model truck. Funding for this truck was allocated in the FY 2008 -2009 budget but with the delay in purchasing and with delivery expected in July, 2009, then the first payment would be allocated in FY 2010 -2011 budget. Motion by Mayor Pro Tern Robinson and seconded by Council Member Billy Tart to award bid to Carolina Environmental Systems for the purchase of a Grapple Boom Limb & Debris Loader Truck. Motion unanimously approved. Temporary Blocking of Streets Emergency Services Disaster Drill This is a request from Police Captain Pope, on behalf of Harnett County Emergency Services and Dunn Emergency Services, for the temporary closing of the following streets on Saturday, May 9, 2009 from 7:00 am — 12 pm in order to conduct a disaster drill on N. Fayetteville Avenue. W. Carr Street at Layton Avenue W. Vance Street at Layton Avenue and Fayetteville Avenue 450 W. Cole Street at Fayetteville Avenue W. Johnson Street at Layton Avenue N. Fayetteville Avenue from W. Cole Street to W. Harnett Street Motion by Council Member Galbreath and seconded by Council Member Joey Tart to approve the temporary blocking of the requested streets for Emergency Services to conduct a disaster drill on N. Fayetteville Avenue from 7:00 am — 12 pm on Saturday, May 9, 2009. Motion unanimously approved. Council consensus was to notify the public via the government channel, City website, the local paper and to notify a resident from each block to make the neighbors aware of this drill. Authorization for Police Department to Submit and Accept Recovery Act: Edward Byrne Memorial Justice Assistant Grant (JAG) Manager Autry explained that the Dunn Police Department has the opportunity to apply for a single application award amount of $64,675.00 through the U.S. Department of Justice. The Justice Assistance Grant (JAG) application must be completed and submitted on or before May 18, 2009. Mr. Autry added that the City of Dunn Police Department proposes to use the funds for equipment and security upgrades. There are no local match requirements. Dunn is the only municipality in Harnett County that is eligible to apply for the monies under this stimulus grant. He explained that the reason for adding this item of business to tonight's agenda was that notice of the grant had to be recorded 30 days prior to the May 18, 2009 application deadline. Motion by Council Member Galbreath and seconded by Council Member Turnage to authorize the Police Department to submit and accept Recovery Act: Edward Byrne Memorial Justice Assistance Grant (JAG) Motion unanimously approved. ITEMS FOR DISCUSSION AND /OR DECISION Financial Report Finance Director Mark Stephens provided the following financial update to the Council • The City as of February 28, 2009 had $3,094,234 in cash in the General Fund and $2,275,400 in the Water and Sewer Fund. of budget. • Fuel cost per gallon have fallen from a high of $3.94 a gallon in July, 08 to $1.34 a gallon in February, 09. • As of February 28, 2009, we were 64.50% spent in the general fund and 59.22% in water /sewer fund. This takes into account one -time expenditures that are paid in one amount (ie, debt payments, property, liability and workers comp. premiums). The City should be at 66.67% spent. • Investment earnings are in the 1.25% - 0.5% range. • The February sales tax distribution was $108,694. Currently we are at 47.73% of budget. The �1 City should be at 50.00% collected. • State Franchise revenue as of February 28" was $269,197. Currently we are at 57.28% of budget. The City should be at 50.00% collected. • Building Permit Fees are $38,909 or 45.78% of budget. The City should be at 66.67% collected. • Water and sewer revenues were $2,718,985 or 65.20% of budget. The City should be at 66.67% Summer Hours Manager Autry explained that for the past five years, the City Council has approved summer operating hours for City offices. The summer hours of 7:30 am — 4:00 pm begin June I" and end August 31 ". The transition to summer hours has worked very well during the past five years. To allow adequate time to notify our citizens, the City Council is being asked to adopt these hours effective June 1 Motion by Council Member Joey Tart and seconded by Council Member Turnage to adopt the summer operating hours of 7:30 am — 4:00 pm beginning June I" and ending August 31 for the City of Dunn employees. Motion unanimously approved. Set Date for Special Call MeetingBudget Work Session Discussion was held about a suggested date for a Special Call meeting/Budget Work Session. The date of May 19, 2009 at 9:00 am was recommended. Manager Autry explained that the County tax revaluations will weigh heavily on the City's tax revenues. He suggested meeting the latter part of May. Motion by Council Member Maness and seconded by Council Member Turnage to set the special call meeting budget work session for May 19, 2009 beginning at 9:00 am in the Council Chambers. Motion unanimously approved. 451 ADMINISTRATIVE REPORTS Motion by Council Member Billy Tart and seconded by Council Member Joey Tart to accept the Administrative Reports. Motion unanimously approved. EXECUTIVE REPORTS Council Member Turnage stated that he would like to acknowledge blessings and prayers to the soldiers of the 30'" Brigade Combat Team North Carolina National Guard, who will deploy to Iraq this coming week and pledge their support to the families left behind in this area. Mayor Pro Tern Robinson stated that with the weather change, he would like to remind the citizens of a youth curfew ordinance that is in force. Council Member Galbreath thanked Manager Autry and Progress Energy for the additional street lighting recently installed on E. Harnett Street, N. Clinton Avenue and Holland Avenue, City Attorney Pope expressed congratulations to the UNC mens basketball team and Coach Roy Williams for bringing back another Championship to the State of North Carolina. Manager Autry stated that the quarterly meeting of Mid - Carolina Council of Governments scheduled for April 23, 2009 has been cancelled due to budget cuts and has been rescheduled for July 23, 2009 beginning at 6:00 pm in Cumberland County. He reminded the Council of Town Hall Day on May 6, 2009 and asked that they advise the administration office, if they plan to attend. He encouraged everyone to attend the Mayor's Prayer Breakfast scheduled for Thursday, May 7" at 7:30 a.m. in the Gospel Tabernacle Life Center. Also Mr. Currin's AP Government Class from Triton High School will be participating in the Leaders of Tomorrow (Shadow) Program and mock City Council meeting on the same date. Mayor Harris encouraged participation in the Mayor's Prayer Breakfast and in the mock City Council session by the Triton students. Mayor Harris encouraged everyone to participate in the DACC Clean Up Day scheduled for May 30, 2009. CLOSED SESSION 8:14 p.m. - Motion by Council Member Maness and seconded by Council Member Joey Tart to enter closed session pursuant to N.C.G.S. 143.318 to consult with the City Attorney concerning legal matters. Motion unanimously approved. Closed Session adjourned at 8:46 p.m. and Council reconvened the regular meeting at 8:47 p.m. Motion by Council Member Maness and seconded by Council Member Billy Tart to approve the minutes of the closed session as recorded by City Attorney Pope. Motion unanimously approved. With no further business to discuss, a motion was made by Council Member Turnage and seconded by Council Member Maness to adjourn the meeting at 8:49 p.m. Motion unanimously approved. Attest: &At u, (,L� Debra G. West City Clerk G09Pp f, S AL 14W Oscar N. Harris Mayor b,/