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02082011115 MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Regular Meeting on Tuesday, February 8, 2011, 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, Public Works Director Billy Addison, Public Utilities Director Dean Gaster, Police Chief B.P. Jones, Chief Building Inspector Mike Blackmon, Planning Technician Samantha Lloyd, Recreation Director Perry Hudson, Librarian Mike Williams, City Attorney P. Tilghman Pope, City Clerk Debra West, and Daily Record Reporter Brian Haney. INVOCATION Mayor Harris opened the meeting at 7:00 p.m. He recognized and welcomed Boy Scout Troop 711, Scout Master David Core and Allen Godwin in the audience. Police Chaplain Reverend Dennis Manuel gave the invocation. Afterwards, the Pledge of Allegiance was repeated. AGENDA ADJUSTMENT AND APPROVAL Motion by Mayor Pro Tem. Robinson and seconded by Council Member Maness to adopt the February 8, 2011 meeting agenda with changes, if any, as listed below. Items Added to the Agenda: • none Agenda Items Removed: • Item #14 — Appeal Order of Building Inspector allowing 60 days to make the proper repairs to 711 N. Ellis Avenue — Owner withdrew their letter of appeal Motion unanimously approved. PUBLIC COMMENT PERIOD Mayor Harris opened the floor for a (30) minute public comment period Hearing no comments, the public comment period was closed. j Mayor Harris opened public hearings at 7:03 p.m. PUBLIC HEARINGS Property Unfit for Human Habitation 503 -A West Wake Street PIN #1517 -71- 1433.000 The public has been notified that oral and written comments will be heard and received concerning the dwelling located at 503 -A West Wake Street as being unfit for human habitation pursuant to N.C.G.S. 160A -441, ET SEQ. This property is owned by Braxton B. Best. The public hearing was duly advertised on January 25, 2011 and February 1, 2011. Mayor Harris asked if there was anyone present who wished to speak for or against this property being unfit for human habitation. Hearing none, Mayor Harris closed the public hearing. Property Unfit for Human Habitation 403 N. King Avenue Apts. 1,2,3,4 & 5 PIN #1516 -68- 2806.000 The public has been notified that oral and written comments will be heard and received concerning the dwelling located at 403 N. King Avenue Apts. 1,2,3,4 & 5 as being unfit for human habitation pursuant to N.C.G.S. 160A -441, ET SEQ. This property is owned by Belvin L. Strickland. The public hearing was duly advertised on January 25, 2011 and February 1, 2011. Mayor Harris asked if there was anyone present who wished to speak for or against this property being unfit for human habitation. Hearing none, Mayor Harris closed public hearings at 7:05 p.m. 116 Mayor Harris yielded to Mayor Pro Tem Robinson to preside over the remainder of the meeting. CONSENTITEMS Minutes — Council considered approval of minutes of the January 18, 2011 Council meeting. Tax Releases/Refunds — Council considered approval of Tax Releases/Refunds #166 - #168. Copies of Tax Releases/Refunds are filed in the office of the Tax Collector. Tax Liens Advertisement- Council considered approval for the Tax Collector to advertise tax liens on March 15, 2011 for outstanding 2010 taxes on real property and the advertising fee increase from $5.00 to $6.00 per parcel. Budget Amendment — Council considered approval of BA 05. A copy of BA #5 is incorporated into these minutes as Attachment #1. Surplus Resolution — Council considered approval of a Resolution Authorizing the Disposition of Certain Personal Property by donation to a non - profit entity which carries out a public service. A copy of Surplus Resolution (R2011 -09) is incorporated into these minutes as Attachment #2. Proclamation- Council considered approval of a Proclamation recognizing the month of February as Black History Month. Council Member Turnage read the Proclamation. A copy of Black History Month Proclamation (P2011 -01) is incorporated into these minutes as Attachment #3. Community Service Donation — Council considered approving a contribution of $5,000 to the Friends of the Howard House. Motion by Council Member Joey Tart and seconded by Council Member Turnage to approve all consent items. Motion unanimously approved. ITEMS FOR DECISION Consideration of Ordinance Declaring Property Unfit for Human Habitation 503 -A West Wake St. PIN #1517 -71- 1433.000 PARCEL #02151719080017 Mayor Pro Tom Robinson yielded to Inspector Blackmon for comments Mr. Blackmon stated that currently an elderly man resides here and he fell through the floor. This gentleman will be given seven days to vacate the property once the ordinance is recorded. Mr. Blackmon stated that currently there is no power in the house, the bathroom flooring is completely gone, the living room floor has separated from the walls and the floor joists are rotted, and is in a deplorable condition. Motion by Council Member Joey Tart and seconded by Council Member Billy Tart to adopt an Ordinance Declaring the Property located at 503 -A West Wake Street (PIN #1517 -71- 1433.000) as Unfit for Human Habitation pursuant to N.C.G.S. 160A -441, ET SEQ. Motion unanimously approved. A copy of Ordinance (02011 -01) to declare property located at 503 -A West Wake Street as Unfit far Human Habitation is incorporated into these minutes as Attachment #4. Consideration of Ordinance Declaring Property Unfit for Human Habitation 403 N. King Avenue Apts. 1,2,3,4 & 5 PIN #1516 -68- 2806.000 PARCEL #02151607170012 Mayor Pro Tern Robinson yielded to Inspector Blackmon for comments. Mr. Blackmon stated that the initial complaint about the condition of this house was received from the Police Department and once his office inspected it, they found that none of the apartments in this structure met the requirements of the Minimum Housing Code. Since that time, the tenants have moved out. The owner does not intend to repair this dwelling. Motion by Council Member Galbreath and seconded by Council Member Turnage to adopt an Ordinance Declaring the Property located at 403 N. King Avenue, Apts. 1,2,3,4 & 5 (PIN #1516 -68- 2806.000) as Unfit for Human Habitation pursuant to N.C.G.S. 160A -441, ET SEQ. Motion unanimously approved. A copy of Ordinance (02011 -02) to declare property located at 403 N. King Avenue, Apts. 1,2,3,4 & 5 as Unfit for Human Habitation is incorporated into these minutes as Attachment #5. 117 Consideration of Resolution Fixing Date of Public Hearing as March 8, 2011 for Voluntary Annexation Petition ANX -01 -11 East Point Subdivision (US 421) Manager Autry stated that at the January Council meeting, the Council adopted a resolution directing the Clerk to investigate the sufficiency of the petition. The Clerk has certified the sufficiency of the petition and has provided a copy to the Council. This property, consisting of approximately 41.09 acres, more or less, is located between the new NC 55 Highway and US 421, west of the East Pointe Subdivision and is owned by Granville Tilghman, Johnson & Elaine Tilghman & Mary T. Pope. Motion by Council Member Billy Tart and seconded by Council Member Joey Tart to adopt the Resolution Fixing Date of Public Hearing as March 8, 2011 for Voluntary Contiguous Annexation Petition ANX -01- 11. Motion unanimously approved. A copy of Resolution (R2011 -10) Fixing Date of Public Hearing for ANX -01 -11 is incorporated into these minutes as Attachment #6. Municipal Agreement with NCDOT for Pedestrian Improvements along US 301 (N. Clinton Ave.) from US 421 to Granville St. (Deferred at the 1 -I8 -11 CC Mtg.) Mayor Pro Tern Robinson stated that this item was deferred at the January 18, 2011 meeting. Mayor Harris stated that he deferred this item at the January meeting in order to have further discussion with NCDOT to modify this agreement to locate these sidewalks to a more appropriate area and he recommends they adopt this agreement once Manager Autry makes his comments. Mr. Autry stated that after the January meeting, he d Planning & Marketing D Neuschafer to contact the NCDOT representative with regard to this agreement. NCDOT advised that the scope of the work could be modified with the majority of the work being on a NCDOT road, which N. Clinton Avenue is. They wish to modify a portion of the agreement to take the sidewalk from Clinton to Johnson Street to the PAL campus. This agreement states that the City must handle all the design, engineering drawings, specifications, and bid process at the City's expense and any utility re- locations would be at the City's expense. This agreement needs to be signed to continue the process. Once the scope of work and design is completed, it would come back before the Council for approval of the final design and projected cost. This project will tie into the downtown project at Broad and Clinton and it is part of the pedestrian plan. Mr. Autry stated that the estimated cost to the City will not exceed $45,000. Mayor Harris stated that this project will enhance the entire PAL campus. Motion by Council Member Joey Tart and seconded by Council Member Maness to approve the agreement and to bring back final modifications before the Council. Motion unanimously approved. A copy of the Municipal Agreement between the City of Dunn and NCDOT for Pedestrian Improvements along US 301 is incorporated into these minutes as Attachment #7 Safe Routes to School Non - Infrastructure Reimbursement Grant Supplemental Agreement Ms. Samantha Lloyd of the Planning Department stated that this is a supplemental agreement to the original contract that was adopted by the Council at the May 11, 2010 meeting. The reason for this supplemental agreement is because Harnett Primary School has chosen not to participate due to other mandated programs that they are already involved in; they do not have the time or resources to adequately participate in the program. DOT requires another contract to reduce the budget amount. Ms. Lloyd stated that the original budget amount was $46,000 and has been reduced to $29,000. This grant is 100% reimbursable with no matching funds required. The grant timeline has been extended until December 31, 2011 to provide ample time to implement this program at Wayne Avenue Elementary. Motion by Council Member Galbreath and seconded by Council Member Billy Tart to approve the Safe Routes to School Non - Infrastructure Reimbursement Grant Supplemental Agreement and Budget Amendment #4. Motion unanimously approved. A copy of the SRTS Supplemental Agreement and BA #4 is incorporated into these minutes as Attachment #8. Temporary Blocking of Streets Boogie on Broad Street 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 St. to 118 Edgerton St. or as best determined by the Dunn Police Department on the following dates for the event, Boogie on Broad Street in Downtown Dunn: • Thursday, April 28, 2011 • Thursday, May 12, 2011 • Thursday, October 13, 2011 Motion by Council Member Billy Tart and seconded by Council Member Joey Tart to approve the temporary blocking of streets as requested by the Dunn Area Chamber of Commerce to hold the Boogie Down on Broad Concert Series in Downtown Dunn. Motion unanimously approved. ADMINISTRATIVE REPORTS Motion by Council Member Galbreath and seconded by Council Member Joey Tart to approve the Administrative Reports. Motion unanimously approved. ANNOUNCEMENTS The following announcements and/or comments were made. Council Member Maness: • NCDOT will conduct an informational meeting for the citizens of Harnett County to review and discuss a proposed Comprehensive Transportation Plan on Wednesday, February 16, 2011 from 4:00 to 7:00 pm at Triton High School. NCDOT officials will be present to provide information and answer questions about this long -range (25) year plan for major traffic arteries in Harnett County. • The Harnett Local Government meeting which was scheduled for Thursday, February 24, 2011 has been cancelled and will be rescheduled to a later date. • The next regular City Council meeting is scheduled for Tuesday, March 8, 2011 at 7:00 pm. Mayor Pro Tern Robinson: ➢ The Board of Elections is considering moving polling sites and will hold a public informational meeting in the Dunn Municipal Building on February 16, 2011 at 7:00 pm. ➢ He asked Mayor Harris, in honor of Black History Month, to please share his comments made at the annual Martin Luther King, Jr. Breakfast celebration. ➢ He thanked the Council for recognizing Black History Month. ➢ He paid tribute to the contributions made by African Americans in the community and named many of these individuals. Mayor Harris: ➢ Thanked Mayor Pro Tom Robinson for the years of public service he has provided to the City of Dunn, the community, County and State and the great leadership he has offered. ➢ Shared his comments made at the 2011 Martin Luther King, Jr. Breakfast celebration which was held on January 17th. ➢ Recognized Council Member and Cape Fear Christian Academy Head Coach Joey Tart in leading the girls' basketball team to victory. ➢ The City Council Budget Retreat held on Friday, February 4, 2011 was one of the best retreats he has ever attended and much was accomplished. Council Member Galbreath: • He thanked the Police Department for their assistance during the Martin Luther King, Jr. events. • He thanked the NAACP and the Harnett County Martin Luther King, Jr. Commemoration Planning Committee for putting together the events that were held. • He thanked Dunn Tourism Authority and Dunn Area Chamber of Commerce for their assistance with advertising both of the MLK events. Council Member Turnage: ➢ He has been appointed to serve on the Mid - Carolina Council of Government Rural Transportation Advisory Committee. Council Member Billy Tart: ➢ He thanked Raven Rock for allowing the Council to hold their Budget Retreat there and he encouraged everyone to visit this beautiful facility. With no further business to discuss, a motion was made by Council Member Billy Tart and seconded by Council Member Joey Tart to adjourn the meeting at 7:42 p.m. Motion ammously vve app . µ Oscar �� � 1 i ii 'i 1 " l , �CITYO�'. Mayor G . Attest: _ c0,4PO . Z Qil ;' 0�.. S EAL : P D,t. Cit bra G.k est ''Ty 6 R0