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0505200534 MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Regular Meeting on Thursday, May 5, 2005, at'7:00 p.m. in the Dunn Municipal Building. Present was Mayor J. Dal Snipes, Mayor Pro -Tem Donnie Olds, Council Members Buddy Maness, Bryan Galbreath, Billy Tart, Billy R. Godwin, Jr. and Joey Tart. Also present was City Manager Michael Uskiewicz, Assistant City Manager/Public Works Director Ronnie Autry, Human Resources /Safety Officer Moses Gallion, Building Inspector Mike Blackmon, City Planner Julie Reid, Recreation Director Perry Hudson, Fire Chief Austin Tew, Police Chief Tim Benware, Police Captain Morry Denning, City Engineer Randy McNeil, City Attorney P. Tilghman Pope, City Clerk Debra West, and Daily Record Reporter Lisa Farmer. INVOCATION Mayor Snipes opened the meeting at 7:00 p.m. and asked Council Member Joey Tart to give the invocation Afterwards, the pledge of allegiance was repeated. PRESENTATIONS DIVINE STREET UNITED METHODIST CHURCH PARSONAGE DRAINAGE/EROSION Mr. Rudy King, Chairman of the Board of Trustees of Divine Street United Methodist Church addressed the council with regard to drainage /erosion problems at the church parsonage located at 908 W. Pearsall Street. Erosion is being created by ditches behind this property. Mr. King requested that the council consider a permanent solution to stop the erosion and drainage. Assistant City Manager/Public Works Director Ronnie Autry gave an overview of the drainage situation. This is a funding and priority issue and they are aware of the situation. The City Engineer has reviewed this property. There are no existing construction easements on this property. He does not have updated costs to correct this problem. Piping these ditches is not feasible; however, there are several options in repairing this area. The council may decide to work on this project in phases. It was discussed that the City would have to acquire construction easements from the property owners of this area in order that the City work on the land owner's property. Another property owner, Mr. Goodman, stated that his property joined the church property and his deed shows that the City has a twenty-five foot easement from the center of this ditch. He stated that the City has never performed maintenance on this ditch. There are places in his yard that have eroded out five to seven feet. MS. CAROLYN MCDOUGAL HARNETT COUNTY NAACP Ms. Carolyn McDougal, President of the Harnett County Branch of the National Association for the Advancement of Colored People (NAACP) addressed the council about the Mayor and City Council violating their civil rights. Ms. McDougal of 809 E. Johnson Street, stated that her original request was to reintroduce the open mike issue to the council, however, she was informed by the Mayor that that particular issue had been decided on and was not open for further debate. She added that the open mike issue has been introduced to the state legislature by Mr. Skip Alston, NAACP State President. Ms. McDougal stated that there are many other issues that need to be discussed by the Mayor and council. She gave insight on some of the issues. They include: • complaints of police brutality, abuse of power, and unjustified car stopping • problems with personnel within the police department • complaints that certain council members are not representing their districts • unfair and unjust treatment � • complaints from the senior citizens about lack of concern for their well - being • complaints that black youth are being labeled as gang members • fifteen year old females being arrested and manhandled • reports that police officers are invading privacy of citizens — knocking down doors — questioning children without parents being present • forcing children to the floor • document received with the term nigger Ms. McDougal requested that the Mayor and City Council have a forum for all the citizens of Dunn to meet with them and the NAACP. She requested that the Mayor respond to her in a timely manner with a date and time for such a meeting. 35 Mayor Snipes stated that he and the council receive calls everyday that they try to address. In addressing Ms. McDougal's list of complaints, the Mayor stated that these complaints are news to him. This is the first time he has heard about them. He added that the City has a terrific system in responding to concerned citizens. He stated that if Ms. McDougal would give him a list, he will be more than happy to respond to them. He encouraged Ms. McDougal to bring forth any complaints she may have in the future and they will sit clown and talk about them. Mayor Snipes closed the regular meeting and opened public hearings at 7:15 p.m. PUBLIC HEARINGS DEMOLITION OF HOUSE 111 W. DIVINE STREET l � Mayor Snipes 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 Ronnie Tew and located at 111 W. Divine Street. The public hearing was duly advertised on April 19, 2005 and April 26, 2005. Mayor Snipes asked if there was anyone present to speak for or against the demolition of this structure. Mr. Ronnie Tew, co -owner of the property, stepped forward and stated that the back of this property is a beauty salon that has been in operation for over forty years. He added that two- thirds of the house looks terrible and he takes full responsibility for its condition, however, the beauty salon is maintained adequately. He stated that since these ladies have been renting this space for over thirty years, he didn't want to ask them to move. He thought they would have retired ten years ago since the youngest is 77 years old. He stated that there has been dialog between himself and two other groups with regard to the historical significance of this house. With the age of these ladies that run the salon and the ongoing negotiations, he is asking that the council give him six months to a year to carry out plans for this structure. Mayor Pro -tem Olds stated that in looking at the pictures of this structure, it appears to be a dangerous situation. Mr. Tew responded that he would not allow these ladies to operate in this structure if he felt their safety was in danger. There was further discussion about the condition of this structure, offers to purchase this property that had been made in previous years by interested parties, offers that were turned down because Mr. Tew didn't want to snake these ladies move their business. Mr. Tew stated that he hoped some of the historical groups would have their facts and figures together by the time these ladies retire. Mayor Snipes pointed out the significance that this is one of the oldest remaining structures in the City of Dunn and has very significant historical value as the homeplace of General William Lee. There is interest in this property for this reason. He added that from a code violation situation, the City must be aware of this regardless if the structure is historical or not historical. Mayor Pro -tern Olds stated that the code enforcement officer has issued a request to Mr. Tew and he questioned what the council should do. He added that he could understand delaying this demolition if Mr. Tew was actively working on the property to improve it. He questioned why anyone would allow this structure to dilapidate to this point if it has such a historical significance. Mayor Snipes asked if there was anyone else present to speak for or against the demolition of this structure. Hearing none, public hearing was closed with reference to same. CODE AMENDMENT TO ZONING ORDINANCE CHAPTER 2, ARTICLE IV, DIVISION 2, SECTION 2 -108 Attorney Pope stated that this public hearing was continued from the April 7, 2005 council meeting. J Complete information has not yet been received and he suggested that the council direct the City Clerk to re- advertise it at such time as the code amendment information has been made available to the council and to the public so that an adequate public hearing can be conducted on the issue. This is a request by the City of Dunn Planning Department to amend the City of Dunn Code of Ordinances, Chapter 2, Article IV, Division 2, Section 2 -108 (Composition of Planning Board; terms of members, vacancies; attendance at meetings). Manager Uskiewicz stated that other components had to be reviewed and this information will be forthcoming to the council. 36 Motion by Council Member Godwin, seconded by Council Member Billy Tart to direct the city clerk to re- advertise the code amendment, Section 2 -108 to be placed under public hearings at the June 2, 2005 council meeting. 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 April 7, 2005 meeting. Minutes - Council considered approval of minutes of the April 14, 2005 Special Call meeting. Tax Releases/Refunds- Council considered approval of Tax Release/Refund #101. Tax Releases /Refunds are filed in the office of the Tax Collector Budget Amendments - Council considered approval of budget amendments #42 - #46. A copy of budget amendments #42 - #46 is incorporated into these minutes as Attachment W. Proclamation — Council considered approval of a proclamation designating May 5, 2005 as a National Day of Prayer. Mayor Snipes read the proclamation. A copy of the National Day of Prayer Proclamation (P2005 -10) is incorporated into these minutes as Attachment #2. Proclamation — Council considered approval of a proclamation designating May 5, 2005 as Leaders of Tomorrow Day. Mayor Snipes read the proclamation. A copy of the Leaders of Tomorrow Proclamation (P2005 -11) 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. Mayor Snipes entertained a motion to add two items of business to the agenda. Motion by Mayor Pro -tem Olds, seconded by Council Member Joey Tart to add the following (2) items to "Items for Decision'. 1) Blocking of Street — Little Avenue 2) Rural Center — Conflict of Interest Statement ITEMS FOR DECISION DEMOLITION OF HOUSE 111 W. DIVINE STREET Code Enforcement Officer Steven King has conducted an inspection at 111 W. Divine Street 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 property owner, Ronnie Tew has failed to comply with the Code Enforcement Officer's order and according to N.C.G.S. 160A -443, the City Council has the power to proceed with demolition of this property. Mayor Snipes opened the floor for discussion and/or motion. Council Member Godwin stated that he shared Mr. Olds concern about this structure. He is not opposed to granting Mr. Tew a very short term within which to make other arrangements with the house, however, he is not in favor of granting three or six months. He added that if someone is interested in buying this property, the buyer will have to take immediate action to repair this structure. He is in favor of allowing enough time to allow a purchase transaction to take place. Council Member Joey Tart concurred with Council Member Godwin. He suggested tabling this demolition until the June council meeting. He is not in favor of granting six months. Mayor Pro -tem Olds expressed concern about the council granting an extension on this demolition. Mayor Snipes recapped that the council is stressing that this demolition will not be extended for six months and whoever is interested in purchasing this property must have a plan to address this because the council will not extend the time. The perspective buyer must be put on notice that they must take immediate action on this structure. Council Member Galbreath stated that he is not in favor of tabling this demolition. There is a safety issue involved with the ladies who work in this structure as well as the customers. He pointed out that Mr. Tew stated earlier that a historical group has been interested in this property for a number of years. He questioned why no action was taken then. Mayor Pro -tern Olds stated that he would be in favor of giving the ladies who work in this building a reasonable time to place their business somewhere else. Building Inspector Mike Blackmon was called forward for his opinion. 37 Mr. Blackmon mentioned some of the photos that council had in their books. He stated that this house was built in 1910. He showed photos of the beauty shop area. The exterior wiring appears aged. Two rooms that make up the beauty salon may be safe; however, you can see the sky in other portions of the structure. Council Member Maness pointed out that this is not a typical situation that the council has been confronted with. To his knowledge, this is the first condemnation with historical significance. He is concerned with the ladies working in this house and that should be their first priority. Other municipalities that have historic societies receive grants to repair old structures. Had this been the situation in Dunn, then maybe a historic society could have obtained this structure. The council needs to consider the action they will take in the event they have another structure in the near future with the same situation. Further discussion was held with the Building Inspector and among the council about the safety of the structure and the beauty shop. Discussion was held with the City Attorney with regard to requiring the J beauty shop to cease operation irregardless of adopting this ordinance to demolish the structure at this time. Motion by Mayor Pro -tem Olds, seconded by Council Member Joey Tart to table the demolition of the structure located at 111 W. Divine Street. Motion carried 5 -1. Ayes Noes Olds Galbreath Maness Billy Tart Godwin Joey Tart ADOPT CONTRACT FOR PURCHASE OF BURIAL PLOTS This is to consider a proposed contract for the purchase of burial plots. In the past, the City of Dunn issued cemetery deeds which required council action and the signature of the Mayor and two (2) council members. To simplify the process in which cemetery plots are bought and transferred to the purchaser, it is proposed that the City Manager be authorized to execute the contract on behalf of the City of Dunn. City Attorney Pope has prepared this contract for council consideration. Motion by Council Member Galbreath, seconded by Council Member Billy Tart to adopt the proposed cemetery contract for the purchase of burial plots and authorize the City Manager to execute the contract on behalf of the City of Dunn. A copy of this cemetery contract is incorporated into these minutes as Attachment 49. Motion unanimously approved. SET DATE FOR SPECIAL CALL MEETING BUDGET WORKSHOP This is a request for the council to set a date for a budget workshop. Suggested dates are May 16'", 17'", or 18' h . Motion by Mayor Pro -tem Olds, seconded by Council Member Godwin to set a Special Call Meeting for Tuesday, May 17, 2005 at 8:00 a.m. Motion unanimously approved. HAZARD MITIGATION RESOLUTION On September 2, 2004, the City Council adopted the Harnett County Hazard Mitigation Plan; however a Resolution of Adoption is required as documentation of this adoption. This is a requirement to complete the paper work. Attorney Pope has reviewed the resolution. Motion by Mayor Pro -tem Olds, seconded by Council Member Galbreath to adopt the Hazard Mitigation Resolution to reflect initial plan adopted on September 2, 2004. Motion unanimously approved. A copy of the Hazard Mitigation Resolution ofAdoption (R2005 -03) is incorporated into these minutes as Attachment #S. RANGE PROPERTY FOR POLICE DEPARTMENT The Dunn Police Department is requesting to be allowed to construct, with the assistance of the Public Works Department, a 10 lane firing range on city owned property off of South McKay Avenue. This firing range would take away dependency of other agencies, as well as allowing freedom to train and qualify officers when necessary. Material cost of the range is minimal and could be paid for through the existing budget. Chief Benware and Captain Denning explained that this property is located 8/10 of a mile on South McKay Avenue past Susan Tart Road on the right. This is a very sparse area. Chief Benware and Captain Denning also spoke with some of the residents that live around this property and they had no objections to a firing range being placed there. There is not a sound, life or safety issue in this area. Motion by Council Member Galbreath, seconded by Council Member Godwin to approve the construction of a firing range on city owned property located off of South McKay Avenue. Motion unanimously approved. 38 CERTIFICATION OF RESOLUTION FOR LEASE OF PUBLIC WORKS PHONE SYSTEM Assistant City Manager/Public Works Director Ronnie Autry explained that the present phone equipment lease for the Public Works Department has expired. The option of renewing the present lease with (5) year - old equipment would have been more than the proposed lease on new equipment. The new lease cost for equipment is $96.28 per month for sixty months. Maintenance contract for equipment cost is $49.42 per month. Total contract price is approximately $8700. The Lessor, General Electric Capital Corporation, requires that the Lessee, which is the City of Dunn Public Works Department have their governing body adopt a resolution to designate officers to execute all documents that may be necessary for this transaction. City Attorney Pope has reviewed these documents. Motion by Joey Tart, seconded by Mayor Pro -tem Olds to approve the Certificate of Resolution authorizing Mayor Snipes, City Manager Uskiewicz or Assistant City Manager/Public Works Director Ronnie Autry to execute all documents related to the lease of phone equipment for the Public Works Department. Motion unanimously approved. A copy of this Certification of Resolution (R2005 -04) authorizing Mayor Snipes, Manager Uskiewicz and Asst. Manager /Public Works Director Ronnie Autry to execute documents related to the lease ofphone equipment for Public Works is incorporated into these minutes as Attachment #16. BLOCKING OF STREET LITTLE AVENUE FROM E. CUMBERLAND ST. TO E. DIVINE ST. This is a request from St. John Missionary Baptist Church to block Little Avenue from E. Cumberland Street to E. Divine Street on Saturday, May 21, 2005 from 1:00 p.m. until 6:00 p.m. to hold an "Out of School Block Party" for any child in Dunn. Motion by Council Member Galbreath, seconded by Council Member Maness to approve blocking Little Avenue from E. Cumberland Street to E. Divine Street on May 21, 2005 from 1:00 p.m. until 6:00 p.m. for the purpose of holding an "Out of School Block Party". Motion unanimously approved. RURAL CENTER CONFLICT OF INTEREST STATEMENT This is a necessary form which is required to receive the Rural Center Grant entitled "Brainerd Chemical Company Water and Sewer Project ". To process the grant, a Conflict of Interest Statement must be provided by the City of Dunn. Motion by Council Member Maness, seconded by Council Member Joey Tart to authorize the Conflict of Interest Statement. Motion unanimously approved. ADMINISTRATIVE REPORTS Motion by Council Member Galbreath, seconded by Council Member Maness to approve the Administrative Reports. Motion unanimously approved. EXECUTIVE REPORTS Council Member Galbreath announced that the Codrington Park swimming pool will open on May 23, 2005 and will remain open until August 31, 2005. Hours of operation will be Monday through Saturday from 11:00 a.m. until 7:00 p.m. Mr. Galbreath also announced that the Police Athletic League (PAL) will hold a graduation dinner for the PAL participants on May 12, 2005 at 6:30 p.m. at the PAL Center. An invitation to attend this dinner was extended to all council members. Council Member Joey Tart commended Triton High School teacher Mr. Curtin and his students that participated in the shadow program today. Council Member Godwin announced the Harnett Regional Theater production "Barefoot in the Park" / which starts May 6, 2005 and encouraged everyone to attend in support of HRT. Council Member Godwin made a motion to add a Closed Session to tonight's meeting. Motion was seconded by Councilmember Billy Tart and approved unanimously. Manager Uskiewicz thanked staff for the great job they did today in coordinating the mock council meeting as part of the Leaders of Tomorrow Program. He also thanked Human Resources Director Moses Gallion for coordinating today's events. Mayor Snipes also thanked the staff. He also recognized the Triton students in Mr. Currin's Advanced Government Program that participated in the Mayor's Prayer Breakfast and the shadow program. He stated that this is an outstanding group of young people and a great program. 39 Mayor Snipes also pointed out that approximately (340) people were in attendance at the Mayor's Prayer Breakfast. Council Member Joey Tart did an outstanding job as featured speaker for the breakfast. Mayor Snipes announced that the Dunn Shrine Club will host the annual Shriners Spring Ceremonial in the City of Dunn on the weekend of May 20 -21, 2005. This will bring approximately 1000 visitors to the City of Dunn. A Shrine Parade will be held on Saturday, May 21, 2005 at 12:00 noon. Mayor Snipes announced that Town Hall Day will be held on May 11, 2005. Mayor Snipes announced that City Manager Uskiewicz is scheduled for surgery tomorrow in Chapel Hill and the council wished him a speedy recovery. 8:27 p.m. Motion by Council Member Godwin, seconded by Council Member Billy Tart to go into closed session pursuant to G.S. 143 - 318.11 to discuss a legal and I g personnel matter. �-✓ Motion unanimously approved. Closed Session Closed Session adjourned at 9:35 p.m. and Mayor Snipes reconvened the regular meeting at 9:40 pan. No Action taken during Closed Session Motion by Council Member Billy Tart, seconded by Council Member Godwin 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 meeting was adjourned at 9:42 p.m. Attest: ,b l Debra G. West City Clerk + ,nn , +ii ctryO CORPO� '02 y,, Z: s m: - O FA � - ,