03082011119
MINUTES
CITY OF DUNN
DUNN, NORTH CAROLINA
The City Council of the City of Dunn held a Regular Meeting on Tuesday, March 8, 2011, at 7:00
p.m. in the Dunn Municipal Building. Present was Mayor Oscar N. Harris, Mayor Pro Tern N.
Carnell Robinson, Council Members Buddy Maness, Bryan Galbreath, Billy Tart, Chuck Turnage
and Joey Tart. Also present was Finance Director Mark Stephens, Public Works Director Billy
Addison, Public Utilities Director Dean Gaster, Police Captain Jimmy Pope, Planning & Marketing
Director Steven Neuschafer, Chief Building Inspector Mike Blackmon, Librarian Mike Williams,
City Engineer Michael Goliber, City Attorney P. Tilghman Pope, City Clerk Debra West, and Daily
Record Reporter Brian Haney.
Absent: City Manager Ronnie Autry.
INVOCATION
Mayor Harris opened the meeting at 7:00 p.m. and asked Police Chaplain Reverend Roy Johnson to give
the invocation. Afterwards, the Pledge of Allegiance was repeated.
Mayor Harris explained the absence of Manager Autry and wished him a speedy recovery.
AGENDA ADJUSTMENT AND APPROVAL
Motion by Mayor Pro Tern Robinson and seconded by Council Member Joey Tart to adopt the March 8,
2011 meeting agenda with changes, if any, as listed below.
Items Added to the Agenda:
• none
Agenda Items Removed:
• none
Motion unanimously approved.
PRESENTATIONS
Presentation by Salemburg Justice Academy
Sgt. Robert Broome
Mr. Terry Miller, Instructor for the Tactical/Traffic Center of the NC Justice Academy in Salemburg,
presented to Sgt. Robert Broome, a certificate for completion of a specialized traffic enforcement program.
Mr. Miller stated that this traffic enforcement and investigation certificate program was initiated in 1999 to
recognize officers who were dedicating themselves to traffic enforcement classes. It consisted of 500 holds
of specialized training to include traffic classes in the area of radar, intoximeter, crash investigation and
other various aspects of crash investigation. This program was incepted eleven years ago and there are
only 142 people who have received this prestigious certificate.
Proclamation Presentation
Nancy Fleming and Darryl Glover
Mayor Harris and Mayor Pro Tem Robinson presented City employees Nancy Fleming and Darryl Glover,
with a proclamation recognizing and commending their actions on January 29, 2011. A copy of
Proclamation (P2011- 03)recognizing Nancy Fleming and Darryl Glover is incorporated into these minutes
as Attachment #1.
PUBLIC COMMENT PERIOD
Mayor Harris opened the floor for a (30) minute public comment period
Mr. William P. "Billy" Barfield, 1304 Guy Avenue, Dunn, NC announced that a group of concerned
citizens from Harnett County are bringing back the Special Olympics to Harnett County on April 15, 2011
and they are in need of volunteers or sponsors.
He spoke about the dangerous pedestrian crosswalks over the railroad tracks in the City of Dunn. He
presented pictures to the Council along with written correspondence. He challenged them to try to access
these crosswalks over the tracks in a motorized electric scooter. He contacted CSX and they advised him
that it would be the responsibility of the City of Dunn to repair these crosswalks.
Hearing no further comments, the public comment period was closed.
Mayor Hams opened public hearings at 7:15 p.m.
PUBLIC HEARINGS
Voluntary Annexation ANX -01 -11
East Pointe Subdivision (US 421)
IKII
Mayor Harris stated that the public has been notified that oral and written comments will be heard and
received concerning the question of voluntary contiguous annexation of East Pointe Subdivision (US 421).
This property, consisting of approximately 41.09 acres, more or less, is located between the new NC 55
Highway and US 421, and is owned by Granville Tilghman, Johnson & Elaine Tilghman & Mary T. Pope.
The public hearing was duly advertised on February 22, 2011.
Mayor Harris asked if anyone wished to speak for or against this annexation.
Hearing none, Mayor Hams closed the public hearing.
Ordinance Amendment OA -01 -11
Chapter 11 of the Code of Ordinances
Licenses and Business Regulations
Article I, H, III & IX — Solicitors, Peddlers and Panhandlers
Mayor Harris stated that this is a request to hereby amend Chapter 11 of the Code of Ordinances; Licenses
and Business Regulations; Article I, H, III & IX.
This amendment will revise and add definitions and text for Solicitors, Peddlers and Panhandlers.
The public hearing was duly advertised on February 22, 2011 and March 1, 2011.
Mayor Harris asked if anyone wished to speak for or against OA- 01 -11.
Hearing none, Mayor Harris closed the public hearing.
Ordinance Amendment OA -02 -11
Chapter 3 of the Code of Ordinances
Animals and Fowl
Mayor Harris stated that this is a request to hereby amend Chapter 3 of the Code of Ordinances; Animals
and Fowl.
This amendment will revise and add text to the Animal Ordinance.
The public hearing was duly advertised on February 22, 2011 and March 1, 2011.
Mayor Harris asked if anyone wished to speak for or against OA- 02 -11.
Hearing none, Mayor Harris closed the public hearing.
Demolition of House
57 J & J Lane
PIN #156 -04- 8479.000
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 Lena Mellenthin Paz and located at 57 J & J
Lane.
The public hearing was duly advertised on February 22, 2011 and March 1, 2011.
Mayor Harris asked if anyone wished to speak for or against this demolition.
Ms. Lena Paz, 102 Erwin Avenue, Erwin, NC stated that she owns this property. She knew the property
was in bad condition. She explained that circumstances with a disabled child and problems with her
husband prevented her from being able to repair the house. She asked the Council for an extension to allow
her to sell the property to Dr. Beretich and if he does not purchase the property, then she will give
permission for the City to tear down the house.
Hearing no further comments, Mayor Harris closed the public hearings at 7:20 p.m.
CONSENT ITEMS �^+,
Minutes — Council considered approval of minutes of the February 4, 2011 Budget Retreat/Planning
Session.
Minutes — Council considered approval of minutes of the February 8, 2011 City Council meeting.
Tax Releases/Refunds — Council considered approval of Tax Releases/Refunds #169 - #170. Copies of Tax
Releases/Refunds are filed in the office of the Tax Collector.
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 (R2011 -11) is
incorporated into these minutes as Attachment #2.
121
Proclamation — Council considered approval of a proclamation designating March 14 -21, 2011 as Multiple
Sclerosis Awareness Week in the City of Dunn. Mayor Pro Tern Robinson read the proclamation. A copy
of Multiple Sclerosis Proclamation (P2011 -04) is incorporated into these minutes as Attachment #3.
Motion by Mayor Pro Tem Robinson and seconded by Council Member Joey Tart to approve all consent
items. Motion unanimously approved.
ITEMS FOR DECISION
Consideration of Ordinance to
Extend the Corporate Limits of the
City of Dunn -
Voluntary Annexation ANX -01.11
�✓ East Pointe Subdivision (US 421)
The Council is being asked to approve an ordinance to extend the corporate limits of the City of Dunn by
the voluntary contiguous annexation of East Pointe Subdivision (US 421).
This property, consisting of approximately 41.09 acres, more or less, is located between the new NC 55
Highway and US 421, and is owned by Granville Tilghman, Johnson & Elaine Tilghman and Mary T.
Pope.
Motion by Council Member Turnage and seconded by Council Member Billy Tart to adopt an Ordinance to
Extend the Corporate Limits of the City of Dunn by the voluntary contiguous annexation of East Pointe
Subdivision ANX- 01 -11. Motion unanimously approved. A copy of Ordinance (02011 -03) to extend the
corporate limits of the City of Dunn (ANX- 01 -11) is incorporated into these minutes as Attachment #4.
Ordinance Amendment OA -01 -11
Chapter 11 of the Code of Ordinances
Licenses and Business Regulations
Article I, II, III & IX — Solicitors, Peddlers and Panhandlers
This amendment will revise and add definitions and text for Solicitors, Peddlers and Panhandlers.
City Planner Neuschafer stated that the changes to this ordinance have been advertised and it has been
available for the public to review in the office of the City Clerk. This amendment redefines some of the
terms in the ordinance, adds new procedures for peddling and solicitation and will require a registration
process by completing an application.
Council Member Maness asked Mr. Neuschafer what process would organizations such as churches, girl
scouts, civic groups or school children participating in fund raisers, need to take in order to meet the
registration requirements in this ordinance. Mr. Neuschafer responded that the chairperson/president of a
non -profit organization would need to bring in a roster of the troop or club listing those allowed to sell
tickets.
Additional discussion was held about informing the public of these requirements
Motion by Mayor Pro Tern Robinson and seconded by Council Member Turnage to approve OA- 01 -11.
Motion unanimously approved. A copy of Ordinance (02011,04) is incorporated into these minutes as
Attachment #5.
Amend City of Dunn Fee Schedule by
Adding Registration Fee for
Solicitation or Peddling
Chapter 11; Licenses and Business Regulations, Section 11 -73 (a) requires a registration fee to be set by the
Council for solicitation or peddling. Once this fee is set, it will be added to the current City of Dunn Fee
Schedule.
For reference purposes, the current permit fee (reference Sec. 11 -286) for Charitable Solicitation is set at
$20.00.
Motion by Council Member Galbreath and seconded by Council Member Joey Tart to amend the City of
Dunn Fee Schedule by adding a registration fee of 20.00 for Solicitation, Peddling or Panhandling. Motion
unanimously approved.
Ordinance Amendment OA -02 -11
Chapter 3 of the Code of Ordinances
Animals and Fowl
This amendment will revise and add text to the Animal Ordinance.
Council member Galbreath requested that this item be tabled until the April meeting because there is a
section of the ordinance that pertains to infected dogs that Chief Jones would like to remove.
Motion by Council Member Galbreath and seconded by Mayor Pro Tern Robinson to table OA -02 -11 until
the April Council meeting. Motion unanimously approved.
122
Consideration of Ordinance to
Demolish House
57 J & J Lane
PIN #1526 -04- 8479.000
Chief Building Inspector Blackmon conducted an inspection at 57 J & J Lane and based upon his
observations, the structure failed to comply with the minimum standards of fitness established by the City
of Dunn MHC.
Mr. Blackmon stated that when he first discovered this house, it was open to the elements. As soon as the
owner, Ms. Paz, found out the house had been condemned, she secured the house as best as possible but
since that time, windows have been busted out of the house. He asked that the Council require her to board
up the windows and doors of the house if they decide to give her an opportunity to sell the property.
Council Member Maness asked Mr. Blackmon if the owner sold the property, would the buyer be subject to
immediately effect repairs or does the whole process start all over again for the condemnation and
demolition. Mr. Blackmon responded that the condemnation process would start all over again if the
property changes ownership. He added that if the proposed ordinance is adopted and recorded, then it will
be demolished after thirty days.
City Attorney Pope stated that Mr. Blackmon is correct. The condemnation process is specific to the
property owner. If this ordinance is adopted by Council and recorded, the only way the process can be
stopped is through a court order.
Council Member Joey Tart asked Dr. Guy Beretich (veterinarian of J & J Lane), what his intentions would
be if he bought this property. He stated that he planned to restore the home within a year once he reaches
an agreement with the owner.
Council Member Galbreath asked Dr. Beretich if he could make the necessary repairs within 60 to 90 days.
Dr. Beretich responded that rehabbing the house would basically be like rebuilding a house and he doesn't
know if that is sufficient time to bring it to code. He plans to use it to house a veterinarian or veterinarian
students.
Mayor Harris asked Dr. Beretich if this ordinance is recorded and the house is demolished, would he still
be interested in purchasing the property. Dr. Beretich responded yes, because it is located next door to him.
City Attorney Pope stated that if the Council adopts the demolition ordinance and it is recorded and Dr.
Beretich buys the property, he will be buying the property subject to that ordinance and the timeline
continues for the demolition of that property.
Ms. Paz stated that her understanding is this house falls under a grandfather clause; that if this house is
demolished, a residential dwelling could not be built back on the property because it is zoned commercial.
Attorney Pope explained to the Council, that they can either table this ordinance or adopt this ordinance. If
the property changes ownership before this item is brought off the table, then the condemnation process
will start all over again.
Additional discussion was held about the precedence it may set if they do not adopt this ordinance tonight.
Motion by Council Member Maness and seconded by Council Member Turnage to adopt the ordinance
directing the Building Inspector to proceed with the demolition of the dwelling located at 57 J & J Lane.
Mayor Harris asked for further comments.
The Council discussed the grandfather clause pertaining to this property.
Mayor Pro Tem Robinson asked Inspector Blackmon when the initial notice was sent to the owner. Mr.
Blackmon responded that the initial letter was sent in November, 2010.
The Council asked Mr. Blackmon how long it would take to bring the house back to code. He responded it
could be brought up to meet the minimum housing code standards in 90 days.
Attorney Pope pointed out to the Council that they can either adopt this ordinance or table this ordinance
Motion failed 2 -4.
Ayes Nays
Maness Robinson
Turnage Galbreath
Billy Tart
Joey Tart
Motion by Council Member Joey Tart and seconded by Council Member Galbreath to table this item of
business until the April meeting. Motion carried 4 -2.
Ayes Nays
Joey Tart Maness
Galbreath Turnage
Robinson
Billy Tart
123
City Attorney Pope stated that the matter has been tabled until the April meeting, at which time the Council
can take action to approve or not approve the ordinance.
ITEMS FOR DISCUSSION
AND /OR DECISION
Financial Report
Finance Director Mark Stephens provided the following financial report for the period ending January 31,
2011:
• As of January 31, 2011, the City had $3.6M in cash in the General Fund and $2.6M in the Water-
Sewer Fund. In January of 2010 the City had $3.5M in the General Fund and $2.2M in the Water
and Sewer Fund.
• Investment earnings are in the .35 % -.20% range. This is within the budgeted range.
• Building permit fees were $42,891.04 or 61.28 % of budget. The City should be at 58.34% of
budget.
• Water and sewer revenues were $2.6M or 63.07% of budget. The City should be at 58.34% of
budget.
• Fuel cost per gallon was $2.46 in November. The City budgeted $2.25 a gallon.
• Sales tax distributions were $610,439 or 45.22% of budget. The City is $64,530 below the
budgeted amount.
• Expenditures were 55.03% of budget in the General Fund and 49.09% of budget in the Water and
Sewer fund. The benchmark for this period is 58.34% of budget.
ADMINISTRATIVE REPORTS
Motion by Council Member Maness and seconded by Council Member Galbreath to approve the
Administrative Reports. Motion unanimously approved.
ANNOUNCEMENTS
The following announcements and/or comments were made.
Mayor Harris:
➢ The Safe Routes to School Open House will be held at Wayne Avenue Elementary on Tuesday,
March 15 at 6:30 pm. Everyone is welcome to attend and learn about the SRTS program.
➢ The Safe Routes to School Kick -Off Event will be held Wednesday, March 23` at 7:15 am. The
children will be walking from various drop -off locations and from their homes to Wayne Avenue
Elementary.
➢ The next City Council meeting is scheduled for Tuesday, April 12, 2011 at 7:00 pm.
➢ Mid - Carolina Senior games will begin March 30'" at Pope Air Field.
➢ He shared highlights of issues discussed at the City Council Budget Retreat which was held at
Raven Rock State Park on February 4 h .
Mayor Pro Tem Robinson:
➢ Thanked Public Works Director Billy Addison and the cemetery crews for correcting complaints
received at the cemeteries and he reminded citizens that with March winds, there will be days
when winds are high and it may be difficult to maintain items that are not secured.
Closed Session
8:32 p.m. Motion by Mayor Pro Tern Robinson and seconded by Council Member Galbreath to enter
closed session to preserve the attorney client privilege to discuss pending legal matters. Motion
unanimously approved.
8:54 Motion by Council Member Joey Tart and seconded by Council Member Maness to end the closed
session and enter open session again. Motion unanimously approved.
Motion by Council Member Maness and seconded by Mayor Pro Tern Robinson 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 8:55 p.m. Motion unanimously approved.
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