Minutes 12-12-2017359
MINUTES
CITY OF DUNN
DUNN, NORTH CAROLINA
The City Council of the City of Dunn held a Regular Meeting on Tuesday, December 12, 2017 at 7:00 p.m. in the
Dunn Municipal Building. Present was Mayor Oscar N. Harris, Mayor Pro Tem. Billy Barfield, Council Members
Buddy Maness, Dr. Gwen McNeill, Frank McLean, Billy Tart, and Chuck Turnage. Also present was City Manager
Steven Neuschafer, Finance Director Mark Stephens, Public Works Director Dean Gaster, Chief Building Inspector
Steven King, Planning & Inspections Director Samantha Wullenwaber, Police Chief Chuck West, Recreation Director
Brian McNeill, Human Resources Director Anne Thompson, Librarian Mike Williams, Attorney Tilghman Pope, City
Clerk Jennifer Fortin, Administrative Specialist Melissa Matti and Daily Record Reporter Melody Brown -Peyton.
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Mayor Harris opened the meeting at 7:00 p.m. and asked Reverend Dennis Manuel, Police Chaplain and Apostle of East
Granville Street Church, to give the invocation. Afterwards, the Pledge of Allegiance was repeated.
AGENDA ADJUSTMENT AND APPROVAL
Motion by Council Member Tart and seconded by Council Member Tumage to adopt the December 12, 2017 meeting agenda
with changes, if any, as listed below.
Agenda Items Added:
none
Agenda Items Removed:
• none
Motion unanimously approved.
PRESENTATION
Oath of Office —Police Chief
Wake County Sheriff Donnie Harrison administered the Oath of Office to Police Chief Charles L. "Chuck" West II
5 Minute Recess
PUBLIC COMMENT PERIOD
Each speaker is asked to limit comments to 3 minutes, and the total comment period will be 30 minutes. Citizens must sign
up and register on a sign-up sheet available on the podium within the City Council Chambers prior to the start of the meeting.
Mayor Harris read the City of Dunn City Council Public Comment Policy.
Hearing no comments, Mayor Harris closed the Public Comment portion of the agenda.
PUBLIC HEARINGS
Rezoning request RZ-04-17
City -Initiated Large Scale Rezoning Phase 5 — Final Phase
The public has been notified that oral and written comments will be heard and received concerning the City -Initiated
rezoning of properties in the southern portion of our jurisdiction, with boundaries as follows: W. Cumberland Street south to
the end of the City of Dunn jurisdiction and west of Railroad Avenue. The City is initiating the rezoning to amend the
rezoning mal to reflect the current use of properties and the 2030 land use plan.
The public hearing was duly advertised on November 2159 and 28`2017 and December 5t', 2017.
Hearing no comments, Mayor Harris closed the public hearing.
Ordinance Amendment — OA-06-17
Chapter 15 Parks and Recreation
This is a request to hereby amend Chapter 15, Parks and Recreation of the City of Dunn Code of Ordinances.
The public hearing is the opportunity for the Council to heat comments and opinions from the public to include any parry for
or against the request.
The public hearing was duly advertised on Wednesday, November 29, 2017.
Hearing no comments, Mayor Harris closed the public hearing.
CONSENTITEMS
Minutes — Council considered approval of the minutes of November 14, 2017 City Council Meeting
Budget Amendment #6 — BA #6 — Repairs to W WTP from a Lightning Storm. A copy of BA #6 is incorporated into these
minutes as Attachment #I.
Budget Amendment #7 — BA #7 — FEMA Repairs Caused by Hurricane Matthew. A copy of BA #7 is incorporated into these
minutes as Attachment #2.
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Motion by Council Member McLean and seconded by Council Member Barfield to approve all consent items. Motion
unanimously approved.
ITEMS FOR DECISION
Audit Report
Fiscal Year 2016-2017
Phyllis Pearson from Petway, Mills & Pearson, PA, presented the Audit Fiscal Year 2015-2016 to Council. Ms. Pearson
noted a single audit was conducted under government auditing standard. It was an unmodified audit opinion, which is the
best audit report to be given.
Motion by Council Member Barfield and seconded by council Member McNeill to accept and approve the Audit for Fiscal
Year 2016-2017 as presented. Motion unanimously approved.
Sampson County Water Purchase Contract Amendment
Public Works Director Gaster stated that on January 4, 1996 the Sampson County Water and Sewer District entered into a
forty (40) year contract with the City of Dunn to purchase water. There was no guaranteed minimum of gallons to be
purchased in the original contract. On October 4, 2014 the original contract was amended to include a guaranteed minimum
quarterly usage (based on a running three (3) billing cycle period) of not less than thirty (30) million gallons per quarter, or
approximately 333,333 gallons per day. On April 28, 2015 the City received notice from Edwin Causey, Sampson County
Manager, that the County had installed a well system to provide water to the Sampson County Water and Sewer District 2
and requested the existing interconnections be available for emergency use after July 1, 2015.
Due to water quality issues in the northern portion of the Sampson County Water and Sewer District 2, Sampson County has
requested an amendment to the original contract to include a guaranteed minimum quarterly usage (based on a running three
(3) billing cycle period of not less than 10.5 million gallons or approximately 116,667 gallons per day. With NC Public
Water Supply approval, the provision of water to Sampson County Water and Sewer District 2 would begin on January 2,
2018.
This would bring revenue to the City of approximately $84,000 annually.
Motion by Council Member Tumage and seconded by Council Member Maness to amend the January 4, 1996 Water
Purchase Contract between the City of Dunn and the Sampson County Water and Sewer District 2.
Council Member Maness asked if all the other terms of the contract remain the same.
Public Works Director Gaster stated yeas and the City has also asked for access to their system so the City will know the
amount of water they are using at any given time, and they have agreed to that condition.
Council Member Maness asked if we could accurately measure the flow.
Public Works Director stated once the valve is open we will re -calibrate the both meters as it has been sitting dormant for
over two years.
Motion unanimously approved.
Consideration of Resolution
Adopting the 2018 Regular Meeting
Schedule for the City of Dunn
City Council
A resolution establishing the City Council meeting dates for 2018 was considered by the Council.
Motion by Council Member Maness and seconded by Turnage to adopt a Resolution Establishing the 2018 Regular Meeting
Schedule for the Dunn City Council. Motion unanimously approved. A copy of Resolution (R2017-25) Establishing the
2018 regular meeting schedule is incorporated into these minutes as Attachment 93.
Rezoning Request — RZ-04-17
City -Initiated Large Scale Rezoning Phase 5 — Final Phase
Planning and Inspections Director Wullenwaber stated the zoning map is being amended to reflect the current use of
properties as well as the 2030 land use plan. Some examples of properties that are affected include the following situations:
1) There are some properties zoned residential but are being used for commercial businesses or industrial use and they
should be zoned to what they are being used for a restaurant, business, manufacturing plant, etc.
2) A couple years ago the Planning Board and City Council approved the creation of RA40 District. This district was
created for the ETJ to use for larger tracts of land that are residential but also agricultural. The RA40 District has
not been implemented in this area on the zoning map and should be in place where applicable.
3) The C-2 Shopping Center District is designed to be for one owner shopping centers not strip malls that are divided
into much smaller parcels, therefore those were changed to C-3; Highway Commercial District.
4) Some properties are not being affected by the zoning changes. None of the proposed zoning changes are detrimental
to the area or inconsistent with the land use plan.
The public has been notified that oral and written consent will be heard and received concerning the City -Initiated rezoning
of properties in the southern portion of our jurisdiction, with boundaries as follows: W. Cumberland Street south to the end of
the City of Dunn jurisdiction and west of Railroad Avenue.
The City is initiating the rezoning to amend the zoning map to reflect the current use of properties and the 2030 land use plan
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The Planning Board met on November 28, 2017 to review the request and ask for comments from the public. There was no
one present to speak for or against the request. The Planning Board voted unanimously to recommend approval of the
request.
Motion by Council Member Barfield and seconded by Council Member McLean to approve the request to rezone parcels in
the southern portion of our jurisdiction with the following justification: The City of Dunn Land Use Plan is reflected in the
proposed zoning changes. The areas affected are not in area four of the land use plan. The amendments are not inconsistent
with the adjoining and surrounding land uses nor are they considered detrimental. The changes should not negatively impact
property owners. The permitted uses in the districts are not considered detrimental to the area and would be beneficial to the
entire community. A copy ofthe staffreport and map are incorporated into these minutes as Attachment 44.
Ordinance Amendment — OA-06-17
Chapter 15, Parks and Recreation
Council Member Turnage stated the updating of the Parks and Recreation Commission to an Advisory Board was an
ordinance and bylaws for the government process. As a Council Representative on the Advisory Board, there is a lack of
attendance of members and lack of scope and focus of the Advisory Board and has been a detriment to the group and the
Director. We as a Council must first select Advisory Board members willing to make the commitment to attend meetings,
serve the citizens of Dunn and participate in the planning for the future Parks and Recreation Facilities and activities for our
children. The new direction is proposed for the Advisory Board to advise the Director and Council on Parks and Recreation
future requirements, assess the feasibility, develop and consider funding approaches. Additionally, the Advisory Board must
work with other City Departments, Boards and groups when developing long range plans, specifically to Sections 15-32 and
15-33 of the ordinance presented tonight. Council Member Tumage recommends to allow for the seven members with no
alternates. The reason for the proposed two alternates is to ensure a quorum for meetings in order to approve an action.
I would like it to be enforce that the Advisory Board stick to the attendance of scheduled meetings and members relinquish
their seat on the Board if they miss two consecutive meetings, as stated in the ordinance.
Council Member McLean stated he would like to hear from the Director and City Manager.
Recreation Director McNeill stated the changes being recommended in the ordinance is to update the ordinance from where it
was as the Recreation Commission in the early 1970's to what the Board would represent today. The main concerns are
including out of town residents to be able to apply for positions on the Board. The Board and I feel a qualified individual
whether living in the City limits or outside can provide a good perspective of things that could improve our programs and
Parks- They could also help build relationships and partnerships outside the City limits.
Regarding the alternate members, we have been having issues with having a quorum at the meetings. The last Meeting was
April 2017. We are recommending alternate members, which they are able to vote in the absence of a regular member. They
would not have a vote when all regular members are present. We would like to reduce the board size down to five regular
members with two alternates, because of the quorum issues. We are also recommending to add in an attendance policy,
where we require a member to relinquish their seat if they miss two consecutive meetings.
Council Member Maness inquired as to how many members are on the Recreation Commission.
Recreation Director McNeill stated seven positions.
Council Member Maness asked if there were other municipalities that have provisions for people who live outside their
municipal limits.
Recreation Director McNeill stated Lillington requires to have two positions for non-resident. What I am recommending is
for the ability for non-residents to apply. The Town of Smithfield require one position for out of town and they also require
the position for a high school student to bring in a youth perspective.
Motion by Council Member Turnage and seconded by Council Member McLean to approve Ordinance Amendment OA-06-
17, Chapter 15 Parks and Recreation Ordinance with the change of deleting the alternate member and have all seven as
primary members and changing the quorum from three to four members. Motion approved with Council Members
Turnage, Barfield, Tart and McLean voting "aye" and Council Members Maness and McNeill voting "nay". A copy of
Ordinance (02017-34) OA-06-17, Chapter 15 Parks and Recreation is incorporated into these minutes as Attachment 95.
Consideration of Ordinance to Demolish House
604/606 S. Fayetteville Avenue
PIN# 1516-45-7909.000
Chief Building Inspector Steven King has conducted an inspection at 6041606 S. Fayetteville Avenue and based upon his
observations, the structure failed to comply with the minimum standards of fitness established by the Minimum Housing
Code of the City of Dunn. The Building Inspector also found the dwelling dangerous or prejudicial to the public health or
public safety and is a nuisance in violation of G.S. § 160A-193.
The owner of the property has failed to comply with the Building Inspector's order and according to N.C.G.S. §160A-443,
the City Council has the power to proceed with the demolition of this property.
This matter was tabled at the May 9, 2017, the July 11, 2017, the September 12, 2017, and the October 10, 2017 Council
Meetings to be brought before the City Council at the December 12, 2017 Council Meeting to allow the property owner more
time to make repairs on the dwelling. At this time, no additional inspections for repairs have been documented since the
October 10, 2017 Council Meeting. The repairs/renovation of the dwelling remains at approximately 40% completed.
Chief Building Inspector King noted there has been no progress since the last meeting. The owner has stated he is having
financial problems and he is still trying to find a plumber. The electrical was completed in October. Chief Building Inspector
King recommended until February.
Mayor Harris deferred this issue until the February 20, 2018 meeting with no objection.
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AND/OR DECISION
Consideration of Resolution Authorizing Issuance of
Tax -Exempt Bonds for Pinewood Apartments, LLC
Finance Director Stephens stated this issue was brought before Council at the last meeting. An offer was made to make a
payment in lieu of taxes. Since then they have come back to the City Manager with an offer to pay ten years in lieu of taxes
for a total of $99,814 and once that ten years have passed they will make a payment in lieu of what equates to the property
taxes.
Mayor Harris inquired as to how that compilation for that amount was reached.
Mr. Garcia - advisor for the company stated the calculation was based on the property tax amount that was owed this year
and added an arbitrary 3% for the next ten years and then took the net present value at a 10% discount.
Attorney Pope stated the city cannot bind future property owners to this agreement, it is specifically for this company.
Motion made by Council Member Tart and seconded by Council Member McLean to approve the Resolution submitted by
the City Attorney in reference to the bond request for Pinewood Apartments, LLC. Motion unanimously approved. A copy
of Resolution (R2017-26) is incorporated into these minutes as Attachment #6.
Financial Report
Finance Director Mark Stephens provided the following financial report for the period ending October 31, 2017:
• The City as of October 31, 2017 had $1,950,562 in cash in the General Fund and $2,703,792 in the Water and
Sewer Fund. In October 2016 the City had $1,502,786 in the General Fund and $2,241,137 in the Water and
Sewer Fund.
• Property Tax collections through October were $670,231 or less than 17.46% of budget. Last year property tax
collections through October were $734,378 or 19.87% of budget.
• Sales Tax Revenue is $538,785 or 27.57% of budget. Benchmark for the month 25.00% of budget.
• Utilities Sales Taxis $166,376 or 22.39% of budget. Benchmark for this month is 25.00% of budget.
• Building Permit Fees were $25,168 or 38.72% of budget. Benchmark for this month is 33.33% of budget.
• Water and Sewer Revenues were $1,521,800 or 32.04% of budget. Benchmark for this month is 3333% of
budget
• Expenditures were 29.94% of budget in the general fund and 30.25% of budget in the water and sewer fund.
The benchmark for this period is 33.33% of budget.
Motion by Council Member Barfield and seconded by Council Member McLean to accept the Financial Report. Motion
carried unanimously.
ADMINISTRATIVE REPORTS
Tax Report
Planning & Inspections Report
Public Works Report
Recreation Report
Library Report
Police Report
Motion by Council Member Tart and seconded by Council Member McLean to accept the Administrative Reports. Motion
unanimously approved.
City Manager's Report
City Manager Neuschafer noted the following:
• The Public Works Department is working diligently to keep the up with bulk leaf pick-up.
• As the New Year approaches, the City will be looking at budget preparations and planning for the next fiscal year.
There are several outstanding projects that will be completed in the second half of this fiscal year such as paving,
stormwater and water and sewer projects.
Librarian Mike Williams gave a brief update from the Library Department. A copy of the report is incorporated into these
minutes as Attachment #7.
ANNOUNCEMENTS
The following announcements and/or comments were made.
Mayor Harris:
➢ City of Dunn offices will be closed on Monday December 25", Tuesday, December 26" and Wednesday, December
27'' to observe Christmas and Monday, January 1, 2018 for New Year's Day
The next regular City Council Meeting is scheduled for Tuesday, January 9, 2018 @ 7:00 p.m.
In reference to the Board vacancies that exist as of today there are three vacancies on the Cemetery Board, two
vacancies on the Board of Adjustment and there are four vacancies on the Recreation Board.
Motion by Council Member Turnage and seconded by Council Member McLean to adjourn the meeting at 8:41 p.m. Motion
unanimously approved.
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Oscar N. Harris
Mayor
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