03102015122
MINUTES
CITY OF DUNN
DUNN, NORTH CAROLINA
The City Council of the City of Dunn held a Regular Meeting on Tuesday, March 10, 2015, at 7:00
p.m. in the Dunn Municipal Building. Present was Mayor Oscar N. Harris, Mayor Pro Tem Chuck
Turnage, Council Members Buddy Maness, N. Carnell Robinson, Frank McLean, Billy Tart, and
Billy Barfield. Also present was City Manager Ronnie Autry, Assistant City Manager Steven
Neuschafer, Finance Director Drew Holland, Public Works Director Billy Addison, Public Utilities
Director Dean Gaster, Chief Building Inspector Steven King, Planning Director Samantha
Wullenwaber, Police Chief Jimmy Pope, Recreation Director Perry Hudson, Human Resources
Director Anne Thompson, Librarian Mike Williams, Attorney P. Tilghman Pope, City Clerk Debra
West, Administrative Support Specialist Melissa Dudley, and Daily Record Reporter Keilah Goff.
INVOCATION
Mayor Harris opened the meeting at 7:00 p.m. and asked Reverend Tim Rice, Pastor of Glad Tidings
Church and President of the Dunn United Ministerial Association 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 March 10,
2015 meeting agenda with changes, if any, as listed below.
Agenda Items Added:
• none
Agenda Items Removed:
• none
Motion unanimously approved.
Mayor Harris reported that Council Member Robinson recently underwent by-pass surgery and expressed
gratitude for his speedy recovery.
Dunn Historical Museum
Mr. Robert (Bobby) Carr
Mr. Robert Carr stated that he and his family would like to give back to the City of Dunn and he looks
forward toworking with the City of Dunn on the creation of a. Dunn Historical Museum.
Approximately twenty members supporting the efforts of creating the Dunn Historical Museum were
present in the audience and each one stood to state their name.
Mr. Mark Johnson came forward to read a statement prepared by himself and Mr. Carr. He stated that it
has been their hope for a number of years, that Dunn, like many other cities in the area, have a history
museum in town. After the death of Jerry and Helen Carr, he was contacted by Mr. Robert Carr about
many artifacts contained in their estate which needed to be shared with the residents of Dunn. He asked the
Council for financial assistance. Numerous meetings have been held with much interest. They are proud
of Dunn and feel this museum would demonstrate their pride and would educate the public regarding the
rich history of Dunn. Mr. Johnson presented several historical photographs of downtown Dunn and
provided historical facts that many people are not aware of Several artifacts will be donated once the
Museum is established. Mr. Carr has agreed to be president and Mark Johnson has agreed to be vice-
president. Mr. Carr has graciously offered the use of his office building to start-up the museum. Expenses
will include attorney fees for incorporation to create a 501 (c)(3) with bylaws and board members,
insurance, utilities, signs, advertisement, security cameras and alarms, ADA compliance, building repairs,
and custom showcases. They will need assistance from the City of Dunn to apply for 501 (c) (3) status and
grants. They would like to eventually locate the museum on Broad Street. Any assistance from the City is
appreciated.
Mayor Harris pointed out that Mark Johnson also volunteers his time to be the curator at the General
William C. Lee Museum which is very much appreciated.
PUBLIC CQMMENT PERIOD
Mayor Harris opened the floor for a (30) minute public comment period.
Hearing no comments, the public comment period was closed.
Mayor Harris recessed the Council meeting and opened Public Hearings at 7:32 pm.
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PUBLICHEARINGS
Rezoning Request RZ-02-15
Wayne Lee
PIN #1516-59-5862.000 & 1516-59-6807.000
507 & 509 N. Ellis Avenue
Mayor Harris stated that the public has been notified that oral and written comments will be heard and
received concerning the request by Wayne Lee to rezone approximately .44f acres located at 507 & 509 N.
Ellis Avenue.
These properties are currently zoned R-10; Single Family Dwelling District and are proposed to be rezoned
to C-3; Highway Commercial District.
The public hearing was duly advertised on February 17, 24 & March 3, 2015.
Mayor Harris asked if there was anyone present who wished to speak for or against this rezoning request.
Hearing no comments, Mayor Harris closed the public hearing.
Rezoning Request RZ-03-15
Dannie Robinson
PIN #1515-16-0298.000
2227 US 301 South
Mayor Harris stated that the public has been notified that oral and written comments will be heard and
received concerning the request by Dannie Robinson to rezone approximately It acres located at 2227 US
301 South.
This property is currently zoned I-100; Industrial District and is proposed to be rezoned to R-20; Single
Family Dwelling District.
The public hearing was duly advertised on February 17, 24 & March 3, 2015.
Mayor Harris asked if there was anyone present who wished to speak for or against this rezoning request.
Hearing no continents, Mayor Harris closed the public hearing.
Property Unfit for Human Habitation
1000 S. King Avenue
PIN #1516-35-6273.000
Mayor Harris stated that the public has been notified that oral and written comments will be heard and
received concerning the Declaring of the single family structure owned by Sharon Finch Bell and located at
1000 S. King Avenue, as Unfit for Human Habitation.
The public bearing was duly advertised on February 24, 2015 and March 3, 2015.
Mayor Harris asked if there was anyone present who wished to speak for or against declaring this property
as unfit for human habitation.
Hearing no comments, Mayor Hams closed the public hearings and reconvened the regular meeting at 7:35
p.m.
CONSENTITEMS
Minutes — Council considered approval of minutes of the February 10, 2015 City Council meeting.
Minutes — Council considered approval of minutes of the February 20, 2015 Budget Retreat/Planning
Session.
Budget Amendments - Council considered approval of Budget Amendments #14, 15 & 16. A copy of BA
#14, 15 & 16 is incorporated into these minutes as Attachment #1.
Amendment to the NC Municipal Records Retention and Disposition Schedule - Council considered
approval of an Amendment to the NC Municipal Records Retention and Disposition Schedule Issued
September _10, 2012. A copy of the amendment to the NC Municipal Records Retention and Disposition
Schedule is incorporated into these minutes as Attachment #2.
Motion by Council Member Barfield and seconded by Council Member McLean to approve all consent
items. Motion unanimously approved.
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ITEMS FOR DECISION
Rezoning Request RZ-02-15
Wayne Lee
PIN #1516-59-5862.000 & 1516-59-6807.000
507 & 509 N. Ellis Avenue
City Planner Samantha Wullenwaber explained that this is a request to rezone two parcels of land totaling
44f acres, located at 507 & 509 N. Ellis Avenue. These properties are currently zoned R-10; Single
Family Dwelling District and are proposed to be rezoned to C-3; Highway Commercial District. Mr. Lee
purchased these properties recently when they were sold at the courthouse. The previous owner was
Theodore Williams.
Discussion was held if the structure located upon this property is condemned and the status of same
Chief Building Inspector Steven King explained that the house located on this property was condemned
several years ago when the previous owner had possession of it; however, there is no condemnation process
in place at this time. Some repairs were made afterwards; the Council did not take follow-up action to
demolish the dwelling.
Mayor Harris asked Mr. Lee for his intended use of the structure. Mr. Lee responded that he has operated
his business in this location for 52 years and he has tried to buy this property in the past. His plan is to
improve the property and he plans to tear down the house.
The Planning Board met on March 3, 2015 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 Tart to approve the request from
Wayne Lee to rezone (PIN #1516-59-5862.000 & 1516-59-6807.000) totaling .44f acres and located at 507
& 509 N. Ellis Avenue to C-3; Highway Commercial District based on the following justification:
1) The City of Dunn Land Use Plan identifies these two properties as residential on the future land
use map although the area is identified as commercial and residential. 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 to the east of
Ellis Avenue. The property to the rear is residential and the inconsistent zoning district, if
approved, would require a vegetative buffer.
3) The permitted uses in the C-3 District are not considered detrimental to the area due to the other
commercial businesses in the area.
Motion unanimously approved.
Rezoning Request RZ-03-15
Dannie Robinson
PIN #1515-16-0298.000
2227 US 301 South
Mayor Harris stated that this is a request to rezone a parcel of land totaling If acres located at 2227 US 301
South. The property is currently zoned I-100; Industrial District and is proposed to be rezoned to R-20;
Single Family Dwelling District.
City Planner Samantha Wullenwaber stated that this property doesn't meet the minimum square footage
requirements for industrial zoning. This lot is triangle shaped and due to the set -back requirements, it
would be very difficult for use as industrial unless it was combined with another property. This property is
currently in the ETJ with existing driveway access onto US 301 South. The applicant has stated that he
would like to make this property his home if it is rezoned. There is existing vegetation which would meet
the buffer requirements.
Mr. Robinson explained that there is an existing well and septic tank on the property subject to approval by
the County for use.
The Planning Board met on March 3, 2015 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 Robinson and seconded by Council Member Maness to approve the request
from Dannie Robinson to rezone (PIN #1515-16-0298.000) totaling It acres and located at 2227 US 301
South to R-20; Single Family Dwelling District based on the following justification:
1) The City of Dunn Land Use Plan identifies this property as industrial on the future land use map.
The size of the property would not allow for industrial development due to the development
requirements. This property is located in area three of the Land Use Plan.
2) The amendments are not inconsistent with the adjoining and surrounding land uses which are
residential to the south and are not considered detrimental.
3) The permitted uses in the R-20 District are not considered detrimental to the area.
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Motion unanimously approved.
Consideration of Ordinance Declaring
Property Unfit for Human Habitation -
1000 S. King Avenue
PIN #1516-35-6273.000
PARCEL #0215161054004
Building Inspector Mike Blackmon conducted an inspection at 1000 S. King 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 structure dangerous or prejudicial to the
public health or public safety and is a nuisance in violation of § 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 Duan MHC and pursuant to N.C.G.S. §160A443, the City
Council has the authority to direct the 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. § 160A-443.
Chief Building Inspector Steven King stated that inspections received a complaint from the tenant that lived
there at the time. The property was inspected and a list of violations was given to the owner to correct.
The property owner attended the hearing and once she removed the tenant, her intention was to repair the
house. The house is currently vacant.
Motion by Council Member Tart and seconded by Council Member Barfield to adopt the Ordinance
Declaring the Property located at 1000 S. King Avenue (PIN #1516-35-6273.000) as Unfit for Human
Habitation pursuant to N.C.G.S. 160A-441, ET SEQ. A copy of Ordinance (02015-02) Declaring the
Property located at 1000 S. King Avenue as Unfit for Human Habitation is incorporated into these minutes
as Attachment #3. Motion unanimously approved.
Temporary Blocking of Streets -
Boogie on Broad Concert Series
Manager Autry stated that a request has been received from the Event Planning Committee of the Dunn
Area Chamber of Commerce requesting the closing of E. Broad Street by 2:00 p.m. from Wilson Avenue to
Clinton Avenue. At 5:00 p.m., they are requesting to have Wilson Avenue closed from Cumberland Street
to Edgerton Street or as best determined by the Dunn Police Department on the following dates for the
event, Boogie on Broad Concert Series in Downtown Dunn:
• Thursday, April 16, 2015
• Thursday, May 21, 2015
• Thursday, October 1, 2015
Motion by Mayor Pro Tem Turnage and seconded by Council Member McLean to approve the temporary
blocking of streets as requested by the DACC to hold the Boogie on Broad Concert Series in Downtown
Dunn. Motion unanimously approved.
Election Filing Fees
Manager Autry stated that pursuant to N.C.G.S. 163-294.2 (e), the filing fees for municipal elections must
be set by the governing body no later than the day before candidates are permitted to begin filing notices of
candidacy. The Harnett County Board of Elections office has requested that the filing fees be submitted to
them as soon as possible. The governing board shall have the authority to set the filing fee at not less than
five dollars ($5.00) nor more than one percent (1%) of the annual salary of the office sought. This fee shall
be paid to the Board of Elections at the time candidacy is filed.
Since 1999, the City of Dunn filing fees have been $27.00 for council member and $42.00 for the Mayor.
The filing period begins Monday, July 6" at 8 a.m. and ends at noon on Friday, July 17'. All candidates
will file at the Board of Elections office in Lillington. City elections will be held on October 6`" with run-
offs on November 3"' if necessary.
Motion by Council Member Barfield and seconded by Mayor Pro Tem Turnage to set the filing fee for the
2015 Municipal Election as $27 for council member and $42.00 for the Mayor. Motion unanimously
approved.
ITEMS FOR DISCUSSION
AND/OR DECISION
Financial Report
Finance Director Drew Holland provided the following financial report for the period ending January 31,
2015:
126
• As of January 31, 2015, the City had a total cash balance of $4,558,049. $1,492,122 in the
checking account; $2,489,345 in the Capital Management Trust accounts; $575,511 in Money
Market Investments; and $1,070 cash on hand.
• Property Tax collections were $3,187,076 (91.85% of budget).
• Sales Tax Distributions as of December 31, 2014 were $737,257 (52.48% of budget).
• January's Sales Tax Distribution will be received on March 15, 2015.
• Building permit fees were $58,345 (87.08% of budget).
• Water and Sewer revenues were $2,751,630 (62.32% of budget).
• Total expenditures were 61.65% of budget in the General Fund and 52.16% of budget in the
Water -Sewer fund.
Motion by Council Member McLean and seconded by Council Member Tart to accept the Financial
Report. Motion unanimously approved.
Daylight Saving Time Hours
Manager Autry stated that these operating hours are being referred to as Daylight Saving Time Hours since
they coincide closely with Daylight Saving Time. These seasonal hours have worked very well during the
past eleven years.
To allow adequate time to notify our citizens, the City Council is being asked to adopt operating hours of
7:30 am — 4:00 pm beginning May 1' and ending September 30`n
A motion was made by Council Member Barfield to adopt flex time schedules to include 7:30 am — 4:00
pm and 8:00 am — 5:00 pm at the employee's election due to those employees who have to take children to
school and cannot make it to work by 7:30 am. Motion died for lack of second.
Mayor Pro Tem Tumage asked Manager Autry if flex time would work in the departments. Manager Autry
responded it would not be workable as there are some departments with only a couple of staff members.
Council Member Maness stated that he is concerned how they could administer two time schedules and
asked Manager Autry if there are situations when employees are not able to be at work at 7:30 am because
of their school children. Manager Autry responded that he has not been notified that this situation exists.
Motion by Council Member Maness and seconded by Mayor Pro Tem Turnage to adopt Daylight Saving
Time hours of 7:30 a.m. — 4:00 p.m. beginning May 15` and ending September 30tH
Council Member Barfield stated that there have been some problems with some of the ladies having to get
their children to school at a certain time. Council Member Maness asked Mr. Barfield which employees
have a conflict but Mr. Barfield declined to mention any names. Manager Autry asked Mr. Barfield to have
those employees contact him and he will address the situation.
Motion approved 5-1 with Council Member Barfield opposing.
ADMINISTRATIVE REPORTS
Motion by Council Member Maness and seconded by Council Member Barfield to accept the
Administrative Reports. Motion unanimously approved.
ANNOUNCEMENTS
The following announcements and/or comments were made.
Mayor Harris:
➢ Town Hall Day will be held in Raleigh on Wednesday, March 18`n at 9:00 a.m.
➢ City offices will be closed Friday, April 3, 2015 in observance of Good Friday.
➢ The next regular City Council meeting is scheduled for Tuesday, April 14, 2015 at 7:00 p.m.
➢ Lt. General Joseph Anderson, Commanding General of the XVIII Airborne Corps will be at the
General William C. Lee Museum on Thursday, March 12, 2015 at 5:30 p.m. A reception will be
held and is sponsored by Sandhills Military Council and coordinated by Mr. Steve Malone.
Council Member Barfield:
Talked with legislatures about the loss of privilege license taxes and he was advised that the
legislature will be proposing a plan shortly.
With no further business to discuss, a motion was made by Council Member McLean and seconded by
Council Member Barfield to adjourn the meeting at 8:14 p.m. Motion unanimously approved.
A est:I ilia,
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Debra G. West
City Clerk
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