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05032007217 MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Regular Meeting on Thursday, May 3, 2007, 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 Ray Godwin, Jr. and Joey Tart. Also present was City Manager Ronnie Autry, Interim Public Works Director Billy Addison, City Planner Steven Neuschafer, Chief Building Inspector Mike Blackmon, Fire Chief Austin Tew, City Attorney P. Tilghman Pope, City Clerk Debra West, and Daily Record Reporter Steve Reed. 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. AGENDA ADJUSTMENT No action taken Items Added to the Agenda: • none Agenda Items Removed: • none PRESENTATIONS MS. LAURA S. MCCLETTIE US CENSUS BUREAU Ms. Laura S. McClettie, Partnership and Data Services Specialist with the US Department of Commerce — US Census Bureau, gave an informational presentation about the 2008 Census Dress Rehearsal which is comprised of a nine county area including the City of Dunn, and Harnett County. Dunn was selected because of the diversity of the area. It is very important to have an accurate census count because the Federal government will award approximately $200 million dollars to various funding sources based upon the census count. The dress rehearsal is a test which will help the Census Bureau produce more accurate counts of the people for the actual decennial which will be held in 2010. The US Census will create job `✓/ opportunities by offering employment to over 3,000 people in this nine county area SGT. RODNEY ROWLAND DUNN POLICE ATHLETIC /ACTIVITIES LEAGUE (PAL) Sgt. Rowland gave an overview of the activities of the PAL program for the year 2006. Some highlights included: • Forming partnerships to help youth with the following organizations: Think Smart Outreach Harnett County 4 -H I I" Judicial Drug Re -Entry Program Harnett County School System Support Our Students (SOT) The Working Group Four (4) PAL'S in NC Glad Tidings Church Central Baptist Church Harnett County Job Link Cameron Boys Camp Girls and Boys Town Girls and Boys Town National Hotline • 344 youth enrolled • Largest partners are Harnett County Schools and Harnett County Job Link • 13 Advisory Board Members • 16 Volunteers w J i • 6 youth in college • Approximately 10 youth at Girls and Boys Town • Events during the past year include sending youth to the Durham Bulls game, UNC Football Game, and Triton/South Johnston Basketball Game • Recognition Banquet • Fundraisers • Grant funds received from the North Carolina Juvenile Crime Prevention Council, National PAL, Teens -Crime and Community and the National Football League The PAL Advisory Board Members and the PAL youth in attendance were recognized in the audience. 218 PUBLIC COMMENT PERIOD Mayor Snipes opened the floor for a (30) minute public comment period. Governor Levon Davis- 510 E. Canary Street —spoke about being verbally abused by a detective at the Police Department during a fingerprinting process while being arrested on April 16, 2007. Millicent Massey, Executive Director of The Working Group — PO Box 1293 — Ms. Massey stated that her group is currently working with the Police Athletic League (PAL) and Harnett Cares. She thanked the City Council for their support and announced that plans are being made to hold another community event during the fall. With no further comments, the Public Comment period was closed. r 1 PUBLICHEARINGS DEMOLITION OF STRUCTURES 700 S. RAILROAD AVENUE The public has been notified that oral and written comments will be heard and received concerning the demolition of the structures owned by Allen Ray Johnson and located at 700 S. Railroad Avenue. The public hearing was duly advertised on April 18, 2007 and April 25, 2007. Mayor Snipes asked if there was anyone present to speak for or against this demolition. Mr. Allen Ray Johnson, owner of this property, spoke in opposition to his property being condemned. He spoke about his recent health issues and financial hardships. He asked that the City Council grant him an extension to allow him to clean up this property. He spent over $20,000 on this property in 2001 with the intention of renting the property. His property was vandalized after he expended these funds. He mentioned that this property is in its current state due to his finances. James Ricky Parker, stepson of Allen Ray Johnson, asked the Council for consideration of an extension to clean up this property. Hearing no further comments, the public hearing was closed. DEMOLITION OF HOUSE 403 N. ELM AVENUE i The public has been notified that oral and written comments will be heard and received concerning the demolition of the dwelling owned by Charles G. Malloy and located at 403 N. Elm Avenue. The public hearing was duly advertised on April 18, 2007 and April 25, 2007. Mayor Snipes asked if there was anyone present to speak for or against this demolition. Mr. Charles Malloy, resident of Fayetteville, NC and owner of this property, stated that he makes no excuse for the condition of this property. Since 2001, he has been mobilized in the Army Reserves with the exception of one year. This property was given to him by his grandmother in 1996 and before the property was burned, he installed a roof. Afterwards, the windows and doors were kicked in. He requested 60 -90 days to make the proper repairs to this property. Hearing no further comments, the public hearing was closed. DEMOLITION OF HOUSE 405 N. ELM AVENUE The public has been notified that oral and written comments will be heard and received concerning the demolition of the dwelling owned by Charles G. Malloy and located at 405 N. Elm Avenue. The public hearing was duly advertised on April 18, 2007 and April 25, 2007. Mayor Snipes asked if there was anyone present to speak for or against this demolition. Mr. Malloy applied the same comments as those made for 403 N. Elm Avenue. With no further comments, motion was made by Council Member Godwin and seconded by Council Member Joey Tart to close the public hearings. CONSENTITEMS Minutes - Council considered approval of minutes of the April 5, 2007 Council meeting. Tax Releases/Refunds- Council considered approval of Tax Release/Refund #220. A copy of Tax Releases /Refunds are filed in the office of the Tax Collector. 219 Proclamation - Council considered approval of a proclamation designating May 3, 2007 as a National Day of Prayer. Mayor Pro Tem Olds read the Proclamation. A copy of Proclamation (P2007 -09) National Day of Prayer is incorporated into these minutes as Attachment #1. Proclamation- Council considered approval of a proclamation designating May 3, 2006 as Leaders of Tomorrow. Council Member Godwin read the Proclamation and recognized the Triton High School students that participated in the Leaders of Tomorrow Program. A copy of Proclamation (P2007 -10) Leaders of Tomorrow is incorporated into these minutes as Attachment #2. Motion by Mayor Pro Tem Olds, seconded by Council Member Maness to approve all consent items. Motion unanimously approved. ITEMS FOR DECISION J CONSIDERATION OF ORDINANCE TO DEMOLISH STRUCTURES 700 S. RAILROAD AVENUE Council Member Godwin asked Building Inspector Mike Blackmon if there is problem with the integrity of the brick structure on this property. Mr. Blackmon responded that a structural engineer could make that determination. This building was condemned under unsafe buildings condemned. Vandalism has occurred and it appears a fire was started in the building. The shelters attached are standing open and some have fallen, making them accessible to fire and additional vandalism. Also abandoned tanks are on this property. Mayor Pro Tem Olds asked Mr. Johnson what time frame is he asking from the Council to clean up the property and what would be his intentions with this property once it is brought up to code. Mr. Johnson responded that due to his health condition, he is requesting a long time frame and stated that he would like to rent the property. Council Member Maness stated that it appears a lot of work will be required to get this building in a rentable condition. He added that Mr. Johnson has mentioned finances as being an issue and he expressed concern about Mr. Johnson being able to afford to renovate this property to bring it up to standard. Mr. Johnson stated that his finances are limited. He is not going in debt for this property. He stated that one reason this property is in its current condition is due to vandalism and he feels this deserves consideration. He bought this property in 1999 and repaired it in 2001. After much discussion about the dire condition of this property, fire and safety hazards, and the potential costs (including environmental) to renovate it, motion was made by Mayor Pro Tem Olds and seconded by Council Member Godwin to approve the ordinance directing the Building Inspector to remove or demolish the structures at 700 S. Railroad Avenue. Motion unanimously approved. A copy of this Ordinance (02007 -05) Directing the Building Inspector to remove /demolish the structures located at 700 S. Railroad Avenue is incorporated into these minutes as Attachment #3. CONSIDERATION OF ORDINANCE TO DEMOLISH HOUSE 403 N. ELM AVENUE Mayor Pro -Tem Olds asked Mr. Malloy how much time he is requesting from the Council to bring both 403 and 405 N. Elm Avenue to code. Mr. Malloy responded he is requesting a 60 -90 day extension. He has received an estimate for repairs. Inspector Blackmon stated that 403 N. Elm was built in 1929. In June, 2004, Mr. Malloy secured a permit for the repair of this house. A small amount of roof work was done. Records do not indicate that any inspections were made and the permit expired. Mr. Malloy came in on the 60 day requesting a permit and was advised that this matter would be given to the City Council. The house has been broken into, copper wiring was removed, and it must be re- plumbed and re- wired. Part of the flooring has been removed. Mr. Blackmon suggested demolishing 403 N. Elm Avenue so that Mr. Malloy can focus his attention and monies toward repairing 405 N. Elm Avenue which is in a much better condition. Mr. Blackmon commented that he has received numerous complaints from surrounding residents about the activities taking place in and around this property. Motion by Council Member Billy Tart, seconded by Council Member Godwin to approve the ordinance directing the Building Inspector to remove or demolish the dwelling at 403 N. Elm Avenue. Motion unanimously approved. A copy of this Ordinance (02007 -06) Directing the Building Inspector to remove /demolish the dwelling located at 403 N. Elm Avenue is incorporated into these minutes as Attachment #4. 220 CONSIDERATION OF ORDINANCE TO DEMOLISH HOUSE 405 N. ELM AVENUE Mayor Snipes entertained a motion concerning this issue. Motion by Council Member Godwin, seconded by Council Member Billy Tart to grant a 90 day extension (which would be August 1, 2007) to allow for the completion of repairs at 405 N. Elm Avenue. Motion unanimously approved. Request by Council Member Godwin to be excused from the remainder of the meeting. Motion by Council Member Maness, seconded by Council Member Joey Tart to excuse Council Member Godwin from the Council meeting. Motion unanimously approved. AUDIT CONTRACT FY 06 -07 The F/Y 2006 -2007 Audit Contract proposal has been received from Petway, Mills & Pearson, PA. The proposed audit price is not to exceed $21,300. Motion by Mayor Pro Tern Olds, seconded by Council Member Galbreath to enter into a contract with Petway, Mills & Pearson PA in an amount not to exceed $21,300 for auditing services for F/Y 2006 -2007. Motion unanimously approved. A copy of the FIY2066 -2007 audit contract is incorporated into these minutes as Attachment #5. CONSIDERATION OF RESOLUTION DIRECTING THE CLERK TO INVESTIGATE VOLUNTARY ANNEXATION PETITION ANX -01 -07 WELLONS REALTY, INC. PARCEL #02- 1507 -0054 AND #02- 1507- 0054 -03 N. POWELL AVENUE A petition has been received by Wellons Realty, Inc. requesting a contiguous annexation of the following property: Tract 1 — Parcel #02- 1507 -0054 northeastern portion of this parcel containing 8.97 acres Tract 2 — Parcel #02- 1507- 0054 -03 together with the right of way area of N. Powell Avenue containing 4.13 acres. This property is located along Powell Avenue from Friendly Road to Ashe Avenue. Motion by Council Member Joey Tart, seconded by Council Member Maness to adopt the Resolution Directing the Clerk to Investigate a Voluntary Annexation Petition ANX -01 -07 identified by the Harnett County Tax Department as Parcel #02- 1507 -0054 consisting of 8.97 acres and Parcel #02- 1507- 0054 -03 consisting of 4.13 acres located along Powell Avenue from Friendly Road to Ashe Avenue. Motion unanimously approved. A copy of Resolution (R2007- 08)Directing the Clerk to Investigate Voluntary Annexation Petition ANX- 01 -07 is incorporated into these minutes as Attachment #6. ADMINISTRATIVE REPORTS Motion by Council Member Galbreath, seconded by Mayor Pro Tern Olds to approve the Administrative Reports. Motion unanimously approved. EXECUTIVE REPORTS Council Member Maness invited the public to the 9" annual down home country breakfast at the home of Oscar and Jean Harris (Handy McLamb Home Place) on Saturday, May 5'" at 8:00 a.m. Mayor Pro Tem Olds reminded the citizens of the Police Athletic League (PAL) Appreciation Banquet on May 18, 2007 at the Dunn Community Building to recognize high school graduates. He invited the Council to attend. Council Member Galbreath encouraged everyone to attend the PAL banquet and asked businesses to support this organization by purchasing an ad in their recognition booklet. All proceeds will support the PAL program. 1 /""'1 Council Member Joey Tart thanked the Dunn United Ministerial Association and Mayor Snipes for the fine program during the Mayor's Prayer Breakfast held today as well as the great representation from the students of Triton that participated in the shadow program. Council Member Billy Tart thanked Pal Director Rodney Rowland for the great job he is doing for the PAL organization. Manager Autry reminded the Council of the May 10 Harnett County Local Government Association meeting at the Harnett County Governmental Complex and asked that members of the Council give their confirmation of attendance to Clerk Debra West by tomorrow. Dr. James H. Johnson, Jr. will give a special presentation regarding the changing demographics of Harnett County. 221 Mayor Pro Tem. Olds announced that he along with a group of citizens from the Grove Park area will be meeting at the PAL Center on May 14'" to address issues of concern. Mayor Snipes made the following announcements: • Town Hall Day on May 9, 2007 - Important Legislative day • Spring clean-up in conjunction with the Dunn Area Chamber of Commerce on Saturday, June 2, 2007 — Meet at Sherry's Bakery at 8:30 a.m. • Approximately 300 people attended the Mayor's Prayer Breakfast and he commented on the outstanding program. He thanked the City staff for their role in today's activities and recognized Triton teacher, Mr. Jim Currin and his AP US History Class of students that participated in the Leaders of Tomorrow program. • O. Henry Willis, Jr. was sworn in to the Office of District Court Judge of the Eleventh Judicial District at 3:00 p.m. today. With no further business to discuss, the meeting was adjourned at 8:45 p.m. Attest: Debra G. West City Clerk ,,, ,�Hruur rr p ` ����C1TY p • GO_P` G2 �- 20 ` L �''......••' Q y GAROI-' rrrr,,,,,,,, i J. Daliipes Mayor