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0303200520 MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Regular Meeting on Thursday, March 3, 2005, at 7:00 p.m. in the Dunn Municipal Building. Present was Mayor J. Dal Snipes, Mayor Pro -Tern Donnie Olds, Council Members Buddy Maness, Bryan Galbreath, Billy Tart, Billy R. Godwin, Jr. and Joey Tart. Also present was City Manager Michael Usldewicz, Human Resources /Safety Officer Moses Gallion, Building Inspector Mike Blackmon, City Planner Julie Reid, Recreation Director Perry Hudson, Fire Chief Austin Tew, Police Captain Morry Denning, City Attorney P. Tilghman Pope, City Clerk Debra West, and Daily Record Reporter Lisa Farmer. Also reporters from The Fayetteville Observer and News 14 were present. INVOCATION Mayor Snipes opened the meeting at 7:00 p.m. and asked Council Member Galbreath to give the invocation. Afterwards, the pledge of allegiance was repeated. PRESENTATION Mr. Skip Alston, President of the North Carolina National Association for the Advancement of Colored People (NAACP) stepped forward to address the council about amending their agenda policy to allow citizens to speak on non - agenda items at each council meeting. Mr. Melvin "Skip" Alston of Greensboro, NC currently serves on the Guilford County Board of Commissioners and has been a member of this board for the past twelve years. He stated that the current policy followed by the City of Dunn to allow citizens to speak to the council falls short to granting the citizens of Dunn their full rights as citizens to be able to speak to their elected officials without the Mayor, the City Manager, or any other City Council member having the option to say to any citizen "No I am not going to grant you permission to speak tonight". He added that the citizens should know that if they request to speak to their elected officials on an issue that is important to them on the day of the meeting, that there is a method that they can come before the council to be heard. He stated that it is a form of censorship when a citizen is required to submit a written request to address the council. He added that this means if the council does not want to hear what a citizen has to say they do not have to listen to them. He stated that the right for a citizen to speak to their elected official should not be an individual or an elected official's option to approve or deny. He added that the City Council members are servants of the ) people. Mr. Alston officially requested on behalf of the NAACP, that the council make a motion tonight to direct the City Manager to establish a method to allow the citizens of the City to be heard at each official meeting of this council. He added that to do less sends a message to the citizens of Dunn that their right to speak is not valued. Mr. Alston stated that he has contacted State Representative Eail Jones who has agreed to issue a bill that would require all municipalities through -but this state to amend the:openimeetings law to provide that all citizens have the right to speak to their elected body at least thirty minutes at the beginning of each meeting. He added that the Guilford Board of Commissioners allows their citizens up to thirty minutes at the beginning and end of each meeting to speak.to the board members_' Mayor Snipes asked if there were any questions that'the cmincil would like to ask Mr. Alston. There were none. Mr. Alston stated that 95% of all municipalities, counties and school boards allow a public forum. Mayor Snipes entertained a motion to add this item of business to the agenda for discussion or decision. Hearing none, this item of business was not added to the agenda. Mayor Snipes stated that although this issue will not be heard or acted upon tonight, it does not mean that it can't be brought up at a future session. r^ In addressing Mr. Alston, Mr. Snipes stated that this council feels that the citizen's needs are met. Public } hearings are typically the items that involve citizen input and are held regularly. He stated that this council has been consistent with previous councils and their system has worked well. Mayor Snipes closed the regular meeting and opened public hearings at 7:14 p.m. PUBLIC HEARINGS COMMUNITY DEVELOPMENT ENTREPRENEURIAL INCUBATOR GRANTPROGRAM 21 Mayor Snipes stated that the public has been notified that oral and written comments will be heard and received concerning an expansion of the business incubator program resulting in the creation of permanent full time jobs, at least 60 percent of which will directly benefit persons qualifying as low income under HUD, Section 8 income limits. This grant program will provide funding to expand space in the Triangle South Enterprise Center (TSEC). He added that the public hearing was duly advertised on February 15, 2005. Mayor Snipes asked if there was anyone present to speak for or against this grant program. Hearing none, motion by Mayor Pro -tern Olds, seconded by Council Member Godwin to close public hearings and reconvene the regular council meeting at 7:15 p.m. Motion unanimously approved. ( CONSENTITEMS ✓ Mayor Snipes asked if there were any consent items that Council wished to pull for further discussion. Hearing none, the following items were considered by Council: Minutes - Council considered approval of minutes of the February 3, 2005 meeting Tax Releases/Refunds- Council considered approval of Tax Releases/Refunds #74 - #87. Tax Releases /Refunds are fled in the office of the Tax Collector. Mowing Agreement- DOT - Council considered approval of the 2005 mowing agreement between the NC Department of Transportation and the City of Dunn for mowing state right -of -ways within the City Limits. A copy ofthis DOT mowing agreement is incorporated into these minutes as Attachment W. Motion by Council Member Joey Tart, seconded by Council Member Maness to approve all consent items. Motion unanimously approved. ITEMS FOR DECISION CALL FOR PUBLIC HEARING DEMOLITION OF HOUSE 608 N. MCKAY AVENUE On September 2, 2004, Mr. John Roberson, property owner of 608 N. McKay Avenue appeared before the council to appeal the Building Inspector's order allowing him 60 days to make the proper repairs to this structure. Upon discussion, the council agreed to give Mr. Roberson 150 days from the date of the Building Inspector's Compliance order (dated 8- 11 -04) to make the necessary repairs to this structure. In order to consider the demolition of this structure, a public hearing will need to be called for at the April 7, 2005 council meeting. Motion by Council Member Godwin, seconded by Mayor Pro -tern Olds to call for a Public Hearing at the April 7, 2005 council meeting for the purpose of considering the demolition of the structure located at 608 N. McKay Avenue. Motion unanimously approved. Inspector Blackmon showed the council photos taken of this structure today. Further progress has been made and the council may decide at the April meeting whether or not to grant Mr. Roberson additional time to make the necessary repairs to this structure. DEMOLITION OF HOUSE 810 S. LAYTON AVENUE On December 2, 2004, a public hearing was held with regard to demolishing the structure at 810 S. Layton Avenue. Mr. Walter Holden, co -owner of the property appeared before the council to request an extension to make the necessary repairs to this structure. After discussion, the council granted Mr. Holden ninety days to make the necessary repairs to this structure. Inspector Blackmon showed the council photos taken of this structure today. Significant progress has been made to this structure. Several council members visited the site and observed the significant work that has taken place on this structure. After discussing the progress being made, the Mayor entertained a motion to table the demolition of this structure. This will in effect grant the property owner an extension to complete this project. Motion by Council Member Joey Tart, seconded by Mayor Pro -tem Olds to table the demolition of the structure located at 810 S. Layton Avenue. Motion unanimously approved. POLICE DEPARTMENT AUTHORIZATION TO APPLY FOR JUSTICE ASSISTANCE PROGRAM (JAG) The Dunn Police Department has the opportunity to apply for a single application award amount of $15,328.00 through the U.S. Department of Justice. The Justice Assistance Grant (JAG) application must be completed and returned on or before March 31, 2005. 22 While match funds are not required with the JAG Program, match is an effective strategy for states and local units of government to expand federal justice funds and build buy -in for local criminal justice initiatives. The Dunn Police Department is requesting that the City of Dunn consider applying a 10 percent match ($1,532.80) of the awarded funds to assist with the continued effort to replace or purchase needed equipment. Captain Morry Denning stepped forward and stated that this grant took the place of the Local Law Enforcement Block Grant. He added that the local match is not required, but voluntary. Motion by Council Member Galbreath, seconded by Mayor Pro -tem Olds to approve authorization for the Police Department to apply for a Justice Assistant Grant (JAG) through the U.S. Department of Justice in the amount of $15,328.00 and authorize a 10% local match of $1,532.80. Mayor Snipes asked if there was further discussion. Council Member Maness stated that in talking with Captain Denning earlier today, the local match was not contingent to receive this grant. He added that he is not opposed to the match but the council needs to consider that before agreeing to do this, other grant proposals may be presented to the council that do require a match. It is prudent to consider keeping this voluntary match and using it on a grant proposal that requires a match as opposed to giving it on one that does not. Council Member Godwin agreed with Mr. Maness. He stated that he is concerned about granting a voluntary match and the precedence it may set among other departments that may ask for a voluntary match also. Mr. Olds stated that he is in favor of the grant although he is also concerned about the impact voluntary matches could have on the budget. Amendment to the motion by Mayor Pro -tem Olds, seconded by Council Member Maness to approve authorization for the Police Department to apply for a Justice Assistant Grant (JAG) through the U.S. Department of Justice in the amount of $15,328.00 without a voluntary 10% local match. Motion unanimously approved. Mayor Snipes called for a vote on the motion as amended. Motion unanimously approved. POLICE DEPARTMENT AUTHORIZATION TO APPLY FOR HOMELAND SECURITY GRANT FUNDS This grant will enable the Police Department to apply for a 100 percent no match grant through the N.C. Department of Crime Control and Public Safety Emergency Management and Governor's Crime Commission for Homeland Security. The priority chosen to apply for funding is Interoperable Communications. This grant will be a multi - agency funding request including the municipalities of Dunn (Lead Agency), Erwin, Lillington, Coats and Angier. This request will be for (70) Motorola Portable Radios, (4) Motorola Mobile Radios and (1) Wireless Motorola Communication Console. Total amount for all equipment is approximately $424,000.00. Motion by Council Member Galbreath, seconded by Council Member Godwin to approve authorization for the Police Department to apply for a 100% no match Homeland Security Grant. Motion unanimously approved. AMENDMENT BETSY JOHNSON REGIONAL HOSPITAL BOARD OF TRUSTEES AND HOSPITAL AUTHORITY This item of business was tabled at the February 3, 2005 council meeting. Mayor Snipes entertained a motion to take this item of business off the table. Motion by Mayor Pro -tem Olds, seconded by Council Member Joey Tart to take this item of business off the table. Motion unanimously approved. Mayor Snipes yielded to City Attorney Pope to explain this issue. Mr. Pope stated that the previous council amended the relationship between the City and the hospital by creating Betsy Johnson Hospital Authority. The Authority consists of (6) members of which are appointed by the Mayor by statute. Those same (6) members also sit on the Betsy Johnson Regional Hospital Board of Trustees which is an eleven (11) member board. The Board of Trustees actually runs and operates the hospital; a non - profit corporation. The remaining five (5) members of the Board of Trustees are appointed by the City Council pursuant to statute and the agreement between the City and the hospital. Mr. Pope explained that presently, as approved by the previous council, one (1) person on the Hospital Authority may reside outside the Averasboro Township and one (1) additional person on the Board of Trustees may reside outside of the Averasboro Township, for a total of two (2) of the eleven (11) that may 23 reside outside of the Averasboro Township and nine (9) which are required to reside within Averasboro Township. Mr. Pope stated that the hospital is requesting an amendment to the Hospital Authority bylaws, Betsy Johnson Regional Healthcare Systems, Inc. bylaws and some restrictive covenants which the City placed against the land on which the hospital is situated as recorded in the Register of Deeds, that would allow for two (2) of the six (6) persons on the Hospital Authority to reside outside the Averasboro Township and three (3) of the remaining five (5) persons serving on the Board of Trustees to reside outside of Averasboro Township. Mr. Pope stated that a resolution consisting of the proposed changes has been prepared for council consideration. He added that if the council adopts this resolution as presented, the net result would be that the eleven (11) member board that operates the hospital would be required to have a minimum of six (6) ( persons residing within Averasboro Township and a maximum of five (5) individuals that could but would �✓ not be required to live outside of Averasboro Township. Mr. Pope explained that as part of the reason for this request from the hospital, is that approximately fifty percent of all the patients served at the hospital reside outside of Harnett County due to the location of Dunn. Cumberland, Sampson and Johnston Counties make up a significant portion of their patient load. They also try to maintain some doctor representation on the board to act as a liaison between the hospital administration and the medical staff. Some of the doctors live just outside of the Averasboro Township and are therefore sometimes ineligible. Mr. Pope stated that this request will also broaden the overall reach of the healthcare being provided by the hospital to service all of Harnett County and to involve others in other areas of the county with the hospital. Mr. Pope explained that should the council adopt the proposed resolution, there will be additional documents to be executed by the Mayor and the City Clerk once they are prepared. No further action by the council would be required in the event that the council approves this. Motion by Council Member Godwin, seconded 6y'Mayor Pro' -tern Olds to adopt the resolution as prepared by the City Attorney as well as other documentation required andiexecuted by the Mayor and City Clerk that would allow the Betsy Johnson Regional Hospital Board of Trustees to appoint five (5) of its members from outside the Averasboro Township. Motion unanimously approved. A copy of this resolution (R2005 -01) a llowing WRIT Board of Trustees to appointfive (S) of its eleven (11) membersfrom outside the Averasboro Township is incorporated into these minutes as Attachment #2. ADMINISTRATIVE REPORTS Motion by Mayor Pro -tem Olds, seconded by Council Member Galbreath to approve the Administrative Reports. Motion unanimously approved. Mayor Snipes entertained a motion to add a Closed Session to tonight's meeting. Motion made by Council Member Joey Tart, seconded by Council Member Galbreath and unanimously approved. EXECUTIVE REPORTS Council Member Galbreath stated that for those who applied for the 2005 scattered site housing program grant administered through the county, they should be notified by letter as to whether or not they have been approved for this grant. Council Member Maness recognized and thanked the Police Department for following up on the request he presented last month with regard to the citizens being cognizant in following school buses and being prepared to stop when the stop arm is out. The bus route in question was followed by the Police Department and as a result, citations were issued. He thanked the Police Department in moving so quickly to correct a dangerous and hazardous situation. Council Member Joey Tart mentioned the recent open house held for the Betsy Johnson Hospital addition and pointed out how wonderful this facility is for the citizens of Dunn as well as the county. Council Member Godwin encouraged everyone to attend the Hamett Regional Theater Production of South Pacific. Mayor Pro -tem Olds extended to the citizens of Dunn an open standing invitation to come to the council meetings. He stated that if the citizens of Dunn come, they will find that if they wish to address the �J council, they will find that they could. He added that the citizens will see first -hand that Dunn is alright and they do not have a demon hiding in the closest. Mayor Snipes announced the next Community Planning(Visioning Session for the General Land Use Plan will be held on Tuesday, March 15, 2005 at 6:30 p.m. at the Dunn Recreation Center, 205 Jackson Road, Dunn, NC. He invited all citizens to come out and be heard. Mayor Snipes announced the upcoming North Carolina League of Municipalities Regional meetings. This two -hour meeting held in various locations will give updates on legislation and federal bills. He encouraged the council to attend. 24 7:52 p.m. Motion by Council Member Joey Tart, seconded by Council Member Godwin to go into closed session pursuant to G.S. 143- 318.11 possible acquisition of real property. Motion unanimously approved. Closed Session Closed Session adjourned at 8:30 p.m. and Mayor Snipes reconvened the regular meeting at 8:31p.m. No Action taken during Closed Session Motion by Council Member Godwin, seconded by Council Member Joey Tart to approve the minutes of the closed session as recorded by City Attorney Pope. Motion unanimously approved. INFORMATION With no further business to discuss, the following burial rights were executed: I. Virginia Currie and heirs, Block 9, Lot 2, Spaces 5- 6 -7 -8, Resthaven Cemetery. 2. Angie Ammons and heirs, Block Y, Lot 4, Space 3, Greenwood Cemetery. 3. Della Stewart and heirs, Block 9, Lot 55, Space 8, Resthaven Cemetery. 4. Fannie Delores Smith and heirs, Block 9, Lot 37, Space 2, Resthaven Cemetery. 5. Shelia Burnett and heirs, Block 13, Lot 11, Space 5, Resthaven Cemetery. 6. Carrie McArthur and heirs, Block 15, Lot 57, Spaces 5 -6, Resthaven Cemetery. With no further business to discuss, the meeting was adjourned at 8:32 p.m. �0. 2, 0'e� Debra G. West City Clerk ` ,+`Y OF p �. 4 a ; loo SEA `— �� l J Snipes 4 C Mayor �1 J �1