Minutes 05-12-2020M.
Dunn City Council
Regular Meeting
Tuesday, May 12, 2020
7:00 p.m., Dunn Municipal Building
Minutes
PRESENT: Mayor William P. Elmore Jr., Mayor Pro Tem Chuck Turnage, Council Members J. Wesley
Sills, April Gaulden, Frank McLean, Billy N. Tart, and Dr. David L. Bradham. Public Notice, relating to the
Special Meeting Conditions, is incorporated into these minutes as Attachment#1.
Also present: City Manager Steven Neuschafer, Executive Assistant Connie Jernigan, and City Clerk Tammy
Williams. Participating via WebEx: Assistant City Manager Mathew Boone, Finance Director Jim Roberts, Public
Utilities Director Heather Adams, Planning Director George Adler, Chief Building Inspector Steven King, and by
telephone: City Attorney Tilghman Pope.
CALL TO ORDER AND INVOCATION
Mayor Elmore opened the meeting at 7:00 p.m. and Dr. Len Keever, Pastor at First Baptist Church gave the
invocation via WebEx. Afterwards, Council Member Sills led in the Pledge of Allegiance.
AGENDA ADJUSTMENT AND APPROVAL
Motion by Mayor Pro Tem Turnage and second by Council Member Tart to adopt the May 12, 2020 meeting
agenda as presented with changes as listed below:
- Remove Approval of Rules and Regulations for the Dunn Erwin Trail and the Minutes of the April 3, 2020
Special Called Meeting from the ConsentAgenda and move to Itemsfor Discussion and/or Decision
- Replace the documents related to the Resolutions for Tart Park Loan Approval with the documents
distributed at the meeting, which included an additional resolution required by the LGC.
Motion unanimously approved.
PUBLIC COMMENT PERIOD
The Public Comment Period was opened by Mayor Elmore at 7:07 p.m. The City Clerk confirmed no
comments were received and no one has signed up to make comments. Having no comments, the Public
Comment period was closed.
CONSENT ITEMS
Approval of the April 14, 2020 Regular Meeting Minutes.
Proclamation - Drinking Water Week 2020. A copy of the Proclamation (P2020-08) is incorporated into these
minutes as Attachment #2.
Approval of Destruction of Municipal Records - Administration and Finance. A copy of each request has been
incorporated into these minutes as Attachment #3.
Motion by Council Member Bradham and second by Council Member McLean to approve all consent items.
Motion unanimously approved.
ITEMS FOR DISCUSSION AND/OR DECISION
Dunn Erwin Rail Trail
Mayor Pro Tem Turnage reviewed the need for the rules and regulations for the Dunn Erwin Trail due to the
use of golf carts and ATV's on the trail. The City of Dunn will enforce the section of the trail located in the city
limits. Council Member Bradham requested, if possible, for the City to occasionally have law enforcement
presence on the trail and communicate with the Town of Erwin and County to have that same presence
throughout the trail.
Motion by Mayor Pro Tem Turnage and second by Council Member Gaulden to approve the Rules and
Regulations and their enforcement in the City of Dunn as adopted by the Harnett County Board of
Commissioners for the Dunn Erwin Rail Trail. Motion unanimously approved. A copy of the Rules and
Regulations is incorporated into these minutes asAttachment#4.
Minutes of the April 3, 2020 Special Called Council Meeting
Council Member Sills requested that the minutes be changed to reflect that he missed the meeting "due to
medically diagnosed pneumonia".
Motion by Council Member McLean and second by Mayor Pro Tem Turnage to approve the minutes of the
April 3, 2020 Special Called Meeting with the correction noted. Motion unanimously approved.
Resolutions for Tart Park Loan
Public Hearing concerning the City of Dunn entering into a financing agreement obligating the City to make
installment payments for a principal amount not to exceed $2,200,000 plus interest in reference to the
Clarence Lee Tart Park renovations and construction. The public hearing was duly advertised on April 28,
2020. Mayor Elmore opened the Public Hearing at 7:16 p.m.
Finance Director Roberts presented the request to the Council to approve the resolution to file the application
that is needed with the LGC. He also presented the resolution to proceed with the loan process. No additional
comments have been received by the City Clerk and with no further comments, the Public Hearing was closed.
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Motion by Council Member Tart and second by Council Member Bradham to adopt the Resolutions
authorizing the filing of an application of a Financing Agreement and to authorize the Mayor and City
Manager to execute any and all documents to proceed with the loan. Motion unanimously approved. A
copy of the Resolution (R2020-07) is incorporated into these minutes as Attachment #5 and Resolution (R2020-
08) as Attachment #6.
Rezoning Request (CZ-02-PUD) 0-I to R-10 Single Family Dwelling - Conditional Zoning District,
Planned Unit Development (PUD)
Mayor Elmore made the council and public aware that his business is involved in the selling of this property
and if there was a tie that he would not be voting on this item of business.
Public Hearing regarding request to rezone a parcel of land currently zoned 0-I, Office & Institutional District
to R-10, Single -Family Dwelling Conditional Zoning District, Planned Unit Development (PUD). This property
is 9.39 acres +/- and is located off Tilghman Dr. (PIN #: 1516-08-0033.000). The rezoning will permit single-
family dwelling units in a development named Dunhaven. The Public Hearing was advertised April 21, April
28, and May 5, 2020. Mayor Elmore opened the Public Hearing at 7:21 p.m.
Planning Director Adler shared the information of the planned development. The Conditional Zoning PUD
would allow for a decrease of the required setback to front=20'; rear=20' and sides=5'. Two acres will be
dedicated to open space.
Comments were made in favor of the request from Dustin Blackwell and Robert Stanley, both representing
the development. Comments concerning the short setbacks and fire safety were discussed. City Manager
Neuschafer replied that the setbacks are not typical for the City but it is similar to Gleneagles. Blackwell
shared that there are certain fire safety requirements incorporated in the NC Building Code that will have to
be followed. No additional comments have been received by the City Clerk and with no further comments, the
Public Hearing was closed.
After further discussion, motion by Mayor Pro Tern Turnage and second by Council Member Bradham to
grant the Conditional Zoning PUD request for conditional zoning off Tilghman Drive (PIN #: 1516-08-
0033.000) from 0-I, Office & Institution District to R-10, Single -Family Dwelling Conditional Zoning District,
PUD to allow single-family dwelling units based on the following justification:
1. The rezoning request is reasonable based on surrounding conditions. The market has not responded to
the medical office space the original developer had anticipated when the property was zoned 0&I.
However, demand for housing has increased and that development is in keeping with the area.
2. The impact to the surrounding property owners will be reasonable. Residential development of 28 units
of homeownership housing will not create undue traffic or noise concerns.
3. The site has been vacant for several years with 0&I zoning. Conditional rezoning to R-10 as a PUD is
responding to the growing need for housing and is in keeping with the times and the Future Land Use
Map.
4. Rezoning from 0&I to R-10 PUD is in concert with the Future Land Use Map, as the Future Land Use Map
in 2005 projected this parcel to be residential. This strategic conditional rezoning to residential with a
PUD achieves the purposes of good planning.
Motion unanimously approved.
Ordinance to Demolish House - 610 E Pope St
Public Hearing regarding the consideration of Ordinance to Demolish House - 610 E Pope St, PIN #: 1516-74-
1768.000. The Public Hearing was advertised on May 1 and May 5, 2020. Mayor Elmore opened the Public
Hearing at 7:39 p.m.
Chief Building Inspector King has conducted inspections at 610 E Pope St and based upon his observations,
the structure is unsafe and has been condemned in accordance with G.S. §160A-426. The property was also
found dangerous or prejudicial to the public health or public safety and is a nuisance in violation of G.S.
§160A-193. King shared that he had recently been contacted by Leon Davis, who is interested in repairing
and selling the property.
City Manager Neuschafer read a statement received by the Clerk from Elaine Jones requesting a 30-day
extension so that the family could pay what was owed to the City and clean up the property to sell. No
additional comments have been received by the City Clerk and with no further comments, the Public Hearing
was closed.
After discussion, motion by Council Member McLean and second by Mayor Pro Tem Turnage to table the
ordinance to demolish 610 E Pope St until the June meeting for further consideration. Motion passed 4-2 with
Council Members Sills and Tart opposed.
Ordinance to Demolish House - 307 W Johnson St
Public Hearing regarding the consideration of Ordinance to Demolish House - 307 W Johnson St, PIN #: 1516-
69-5687.000. The Public Hearing was advertised on May 1 and May 5, 2020, Mayor Elmore opened the public
hearing at 8:03 p.m.
Chief Building Inspector King has conducted inspections at 307 W. Johnson St and based upon his
observations, the structure is unsafe and has been condemned in accordance with G.S. §160A-426. The
property was also found dangerous or prejudicial to the public health or public safety and is a nuisance in
violation of G.S. §160A-193. King stated that the owner is not interested in the property and wanted to have
it demolished but has not at this point.
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Motion by Council Member Bradham and second by Council Member Sills to adopt the ordinance directing the
Building Inspector to proceed with the demolition of the dwelling located at 307 W Johnson St (PIN #: 1516-
69-5687.000). Motion unanimously approved. A copy of the Ordinance (02020-07) is incorporated into
these minutes as Attachment#7.
Server Buyout and Warranty Extension
Assistant City Manager Boone presented buyout option for current server lease and further proposed that a
1-year warranty be included. This is a cost saving measure to maintain current Dell servers instead of
purchasing all new servers which would cost in excess of $100,000.
After discussion, motion by Mayor Pro Tem Turnage and second by Council Member Gaulden to approve
server lease buyout and purchase of 1-year warranty at a cost of $21,337.33. Motion unanimously
approved.
Audit Services Selection
Finance Director Roberts reported that request for proposals where sent out to secure a firm to provide
auditing services for the next three years. After review of the responses from six different firms, the staff
recommends Bernard Robinson & Company with offices in Greensboro and Dunn. The cost for the audit is
$22,500 annually.
After discussion, motion by Mayor Pro Tem Turnage and second by Council Member Bradham to approve
Bernard Robinson & Company as the audit firm for the City of Dunn for a three year term beginning with the
2019-2020 fiscal year. Motion passed 5-1 with Council Member Sills opposed.
Loan Acceptance Resolution and Water Distribution Rehabilitation Capital Project Ordinance
City Manager Neuschafer presented request to secure engineering services for Storm Water, Water, Sewer
and Street Improvements project In an effort to evaluate infrastructure prior to resurfacing streets, City staff
has identified that a 2-inch galvanized waterline will need to be replaced along N. Watauga from Broad to
Vance Street and to meet current design standards, the waterline will need to be upsized to 6- inch. There is
also approximately 450 linear feet of sewer main that is in poor condition that also needs to be replaced.
Since pavement patching on N Watauga will be greater than 30% of the project, Davis Martin Powell's
(DMP's) recommendation is to perform full depth reclamation of the street and pave. The asbestos cement
waterline on Lakeshore Drive is approximately 60 years old and within the last several years, the City has
made fourteen (14) repairs. Due to the number of interruptions to customers, staff recommends replacing
the 6-inch asbestos cement waterline.
After discussion, motion by Mayor Pro Tem Turnage and second by Council Member Bradham to authorize
City Manager Neuschafer to solicit financing for $1,550,500 for storm water, sewer, waterline and street
repairs for Bay Street, General Lee and Broad, Watauga Avenue, and Lakeshore Drive and to execute an
engineering agreement with Davis Martin Powell in the amount of $162,450 for engineering services related
to these projects contingent upon the City receiving local financing, if necessary. Motion unanimously
approved. A copy of the contract is incorporated into these minutes as Attachment #8.
Delegate to Vote on NCLM Board of Directors
After recommendation by the Mayor, motion by Council Member Bradham and second by Council Member
McLean to appoint Mayor Pro Tem Turnage as the City's designee to vote for the NCLM's Board of Directors.
Motion unanimously approved.
Loan Acceptance Resolution and Water Distribution Rehabilitation Capital Project Ordinance
Finance Director Roberts presented request for a Water Distribution Rehabilitation Capital Project Ordinance
and acceptance of the Federal Drinking Water State Revolving Fund Loan offer in the amount of $875,750. He
shared that the Public Utilities Department has identified the Erwin Road Area and East Wake for the Street
Water Distribution Rehabilitation Project and applied for State/Federal funding for this work. The Project
includes the abandonment of the 14" (Dunn -Erwin Road Area) and 2" waterline (E. Wake Street) and
construction of new waterlines for the connectivity of the water distribution system. The funding for this
project comes from the Federal Drinking Water State Revolving Fund (DWSRF). This work has been
approved by the State of North Carolina with a budget estimate of $893,750, which includes
engineering/administration, construction, contingency and the loan closing fee. The work will be funded by
the Water and Sewer fund and reimbursed by the DWSRF loan.
Motion by Council Member Sills and second by Council Member McLean to approve the Capital Project
Ordinance and to accept the Federal Drinking Water State Revolving Fund Loan in the amount of $875,750 for
work to be completed related to project number H-SRF-F-20-1977, Erwin Road Area & East Wake Street
Water Distribution Rehabilitation Project. Motion unanimously approved. A copy of the Resolution (R2020-
09) is incorporated into these minutes as Attachment #9 and Capital Project Ordinance (02020-08) as
Attachment #10.
Budget Workshop Meeting
Motion by Council Member Bradham and second by Council Member McLean to set a Special Called Meeting
for a Budget Work Shop for Tuesday, May 19, 2020 at 1:00 p.m. in Council Chambers. Motion unanimously
approved.
NC Department of Transportation Sidewalk Agreement I-5986-B
Assistant City Manager Boone presented request for the City to agree to share costs associated with
constructing new sidewalks to be built during the I-95 Widening project. This project will be completed at
the expense of the NC Department of Transportation. Construction costs will be on an 80% NCDOT and 20%
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City of Dunn shared match. The estimated minimum cost to the City will be $16,112, subject to change. This
municipal agreement program represents a significant cost savings for the City.
Motion by Mayor Pro Tern Turnage and second by Council Member Gaulden to authorize City Manager
Neuschafer to execute the Transportation Improvement Project - Municipal Agreement with Sidewalk ID #
9312 between the City of Dunn and the NC Department of Transportation for the shared construction costs of
80% NCDOT and 20% City of Dunn, associated with sidewalks in NCDOT project I-5986B. Motion
unanimously approved. A copy of the agreement is incorporated into these minutes as Attachment #11.
Council Goals/Reports
City Manager Neuschafer reviewed the reports presented by staff. Specific updates were given on the trail
from Tyler to Tart Park, the Dog Park and Vision Strategic Plan process. Council Member Sills asked if Wi-Fi
could be made available at Tyler Park. City Manager Neuschafer stated that the staff can work to incorporate
into the budget with final approval from the Council.
Administrative Reports
Finance Director Roberts provided the following financial report for the period ending April 30, 2020:
• The City had $4,813,635 in cash in the General Fund and $2,362,126 in the (NCCMT Term Account)
Water -Sewer Fund. Through April of 2019, the City had $4,062,101 in the General Fund and $2,315,884
in the Water and Sewer Fund.
• Taxes collected to -date: approximately $4,097,735 in property taxes or approximately 98% of our
expected tax income.
• Sales Tax Revenue through February is $1,651,197 or 74.6% of our total expected income. This is the
area that will be hit hardest by the "Stay at Home" decree we are under due to Covid-19.
• Utilities Sales Taxes - $525,935,
• Building Permit Fees for the month of April were $11,603, for a total collected for the year of $112,952 or
141% of budget
• Water and Sewer Revenues for the month of April were $452,354 with total to -date of $4,761,893 or
85.14% of budget
• Expenditures are at $9,522,713 or 82.1% of budget in the General Fund. The Water and Sewer Fund has
spent $4,309,059 or 69.1% of budget. The benchmark for this period is 83% of budget.
Reports were also received as follows: Communications/Public Information, Planning and Inspections
Report, Public Works Report, Public Utilities Report, Parks and Recreation Report, Library Report and Police
Report
Motion by Council Member Tart and second by Council Member McLean to acknowledge receipt of the
Administrative Reports. Motion carried unanimously.
Announcements/Information
Mayor Elmore announced upcoming events and activities. Mayor Pro Tem Turnage shared the following to
be incorporated into the minutes: "Dunn High School's Friends, a 501C organization that perpetuated the
memory of Dunn High School students, teachers and activities between 1926 and 1985, ended its 10-year run
as an organization on April 30, 2020. The organization paid its final pledge of $2,000 to the City of Dunn
toward the Tyler Park Renovations. DHSF celebrated annual reunions that blended students from the 40s to
the 80s sharing experiences from their Dunn High School days. DHSF established endowments for
scholarships to continue for years to come for students that have relatives with connections to Dunn High
School. We thank DHSF for its support and continued memories and memorabilia in the Dunn Area History
Museum."
Motion by Council Member Bradham and second by Mayor Pro Tern Turnage for Council to enter a Closed
Session in accordance with [N.C.G.S. 143-318.11(a)(5)]. Motion unanimously approved.
Mayor Elmore recessed the meeting at 9:03 p.m. for the Closed Session.
The Council Meeting was reconvened. With no further business to discuss, motion by Council Member Tart
and second by Council Member Gaulden to adjourn the meeting at 9:40 p.m. Motion unanimously
approved.
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Attest:
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Tammy Willi ns
City Clerk
William P. Elmore Jr.
Mayor