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11102015[EN MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Regular Meeting on Tuesday, November 10, 2015, at 7:00 p.m. in the Dunn Municipal Building. Present was Mayor Oscar N. Harris, Mayor Pro Tem Chuck Turnage, Council Members Buddy Maness, N. Carnell Robinson, Frank McLean, Billy Tart, and Billy Barfield. Also present was City Manager Ronnie Autry, Assistant City Manager Steven Neuschafer, Human Resources Director Anne Thompson, Public Works Director Billy Addison, Public Utilities Director Dean Gaster, Chief Building Inspector Steven King, Planning Director Samantha Wullenwaber, Recreation Director Brian McNeill, Police Chief Jimmy Pope, Librarian Mike Williams, City Clerk Debra West, Administrative Support Specialist Melissa Dudley, City Attorney P. Tilghman Pope and Daily Record Reporter Keilah Goff. INVOCATION Mayor Harris opened the meeting at 7:00 p.m. and asked Reverend Dr. Len Keever, Pastor of First Baptist Church of Dunn and vice-president of Dunn United Ministerial Association, to give the invocation. Afterwards, the Pledge of Allegiance was repeated. AGENDA ADJUSTMENT AND APPROVAL Motion by Council Member Robinson and seconded by Council Member Barfield to adopt the November 10, 2015 meeting agenda with changes, if any, as listed below. Items Added to the Agenda: • none Agenda Items Removed: • Consideration of Ordinance to Demolish House — 306 S. Washington Avenue Motion defeated 4-3. Yeas Nays Robinson Maness McLean Tart Barfield Turnage Mayor Harris Motion by Council Member Tart and seconded by Council Member Maness to adopt the November 10, 2015 meeting agenda with changes, if any, as listed below. Items Added to the Agenda: none Agenda Items Removed: • none Motion carried 4 -3. Yeas Nays Maness Robinson Tart McLean Turnage Barfield Mayor Harris PRESENTATION Proclamation Presentation — National Hospice Palliative Care Month — November 2015 Mayor Harris presented a proclamation to Chad Walker, Special Projects Coordinator for Transitions LifeCare, proclaiming November 2015 as National Hospice Palliative Care Month in the City of Dunn. A copy of Proclamation (P2015-22) for Hospice Month 2015 is incorporated into these minutes as Attachment #1. PUBLIC COMMENT PERIOD Mayor Harris opened the floor for a (30) minute public comment period Sharon Stevens, Community Marketing Director for Dunn Area Tourism Authority thanked the Mayor, Council members, City Attorney, City Staff members and employees for the support and help received this past weekend for the 171h Annual NC Cotton Festival. She stated that this event creates thankless jobs that do not receive the recognition that is deserved to those.working behind the scenes. She added that this event would not be the success it is year after year without the help of City resources and employees. She thanked the employees of the City of Dunn for helping to make this a fun safe event year after year. Doug Heath, Vice -Chairman of the Dunn Planning Board asked the members of the City Council to consider wisely, an appointment to the Planning Board later in the meeting. He informed the Council of the on-going work and dedication of the Planning Board and stated that members should be committed to serve, dedicated in visiting property sites, returning phone calls and preparing themselves before meetings. Hearing no further comments, the public comment period was closed. Mayor Harris recessed the regular meeting and opened public hearings at 7:19 pm. PUBLICHEARINGS Demolition of House 511 E. Townsend Street Pin #1516-87-7724.000 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 located at 511 E. Townsend Street, Dunn, NC. The public hearing was duly advertised on October 27, 2015 and November 3, 2015. Mayor Harris asked if there was anyone present that wished to speak for or against this demolition. Mr. Barry Hoyle, member of the Limited Liability which owns this property, stated that they support tearing down this property. He was informed that an asbestos assessment had to be completed and it has been done. He explained that he and his partner have had several issues delaying this process. His partner had discussions with the City Manager and offered this property to the City. Hearing no further comments, Mayor Harris closed the public hearing. Demolition of Structure 1210 N. Ellis Avenue Pin #1517-71-3855.000 Mayor Hams stated that the public has been notified that oral and written comments will be heard and received concerning the demolition of the structure located at 1210 N. Ellis Avenue, Dunn, NC. The public hearing was duly advertised on October 27, 2015 and November 3, 2015. Mayor Harris asked if there was anyone present that wished to speak for or against this demolition. Minnie Webb, owner of the property and Bobby Levens came forward. Mr. Leveris stated that this property should be totally repaired in two weeks. Hearing no further comments, Mayor Harris closed the public hearing and reconvened the regular meeting at 7:24 p.m. Minutes — Council considered approval of minutes of the October 13, 2015 City Council meeting Budget Amendment - Council considered approval of Budget Amendment #2. A copy of BA #2 is incorporated into these minutes as Attachment #2. 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 (R2015-18) is incorporated into these minutes as Attachment #3. Motion by Council Member Barfield and seconded by Council Member Robinson to approve all consent items. Motion unanimously approved. ITEMS FOR DECISION Consideration of Ordinance to Demolish House - 511 E. Townsend Street PIN #1516-87-7724.000 Building Inspector Mike Blackmon conducted an inspection at 511 E. Townsend 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 Building Inspector also found the dwelling dangerous or prejudicial to the public health or public safety and is a nuisance in violation of G. S. 160A-193. The owner of the property has failed to comply with the Building Inspector's order and according to N.C.G.S. 160A-443, the City Council has the power to proceed with the demolition of this property. 185 Chief Building Inspector Steven King stated that this structure burned some time ago. The hearing was held with Spoyle Properties, LLC and they were given sixty days to repair or demolish the structure; Spoyle Properties expressed no interest in repairing the house and said they had communicated with Dunn Emergency Services about burning the structure. The owners will need to verify that the asbestos samples have been removed before the structure can be burned in a training exercise. Mr. King explained that this was brought before the Council after a period of no activity on this property. Manager Autry stated that one of the owners called his office and stated that he and his partner would like to gift this property to the City but he was not made aware until later, that a partially burned structure was on the lot. Mr. Autry stated that the lot size is 50 x 150 and is in the Dunn Community Development Area. He advised the attorney for the owners that they would have to complete the asbestos abatement in order for the structure to be burned in a training session by Dunn Emergency Services and prior to donating the property to the City. Motion by Council Member McLean and seconded by Council Member Barfield to adopt the Ordinance Directing the Building Inspector to proceed with the demolition of the dwelling located at 511 E. Townsend Street (PIN #1516-87-7724.000). Motion unanimously approved. A copy of Demolition Ordinance (02015-09) is incorporated into these minutes as Attachment #4. Consideration of Ordinance to Demolish Structure — 1210 N. Ellis Avenue — PIN #1517-71-3855.000 Building Inspector Mike Blackmon conducted an inspection at 1210 N. Ellis Avenue 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 Building Inspector also found the structure dangerous or prejudicial to the public health or public safety and is a nuisance in violation of G.S. 160A-193. The owner of the property has failed to comply with the Building Inspector's order and according to N.C.G.S. 160A-443, the City Council has the power to proceed with the demolition of this property. Chief Inspector King stated that Ms. Webb and Mr. Leveris have worked to repair this structure. The deteriorated collapsed roof issue has been addressed. A Certificate of Occupancy should be issued within the next fifteen (15) days, weather permitting. Motion by Council Member Maness and seconded by Council Member Barfield to table adoption of the Ordinance Directing the Building Inspector to proceed with the demolition of the structure located at 1210 N. Ellis Avenue (PIN #1517-71-3855.000) until the December 8, 2015 City Council meeting. Motion unanimously approved. Consideration of Ordinance to Demolish House — 306 S. Washington Avenue PIN #1516-75-1517.000 At the October 13, 2015 City Council meeting, a motion to adopt the ordinance directing the building inspector to proceed with the demolition of this dwelling was defeated 3-2. Direction was given to have the City Attorney and staff discuss the status of the property and bring this item back before the Council at the November meeting for consideration of an extension or approval to demolish. Since the October meeting date, no inspections have been requested and pictures of the present condition of the property are included in the agenda book. Council Member Barfield questioned why the decision was not final when the vote was cast at the last meeting. Mayor Harris yielded to Attorney Pope. City Attorney Pope stated that the ordinance was not voted down; it was not approved. If there is a motion to defeat the ordinance as presented, then Chief Inspector King would have to start his process over but until that has taken place, it's an unresolved matter by the Council. It is at the discretion of the Council if they interpret this matter differently. There is an open order of the building inspector that has not been complied with. If the Council makes a motion to deny the ordinance, then the matter would be conclusively determined. Mayor Hams explained that the issue before the Council, is the motion to adopt the ordinance directing the building inspector to proceed with the demolition or not to adopt the ordinance. Mayor Harris asked Chief Inspector King what, if anything, has been done to this house since they last addressed this at the previous Council meeting to which Mr. King responded that he has not been contacted by the owner or any other contractor regarding any inspections to the property. Attorney Pope stated that at the last meeting, the City Council inquired if the occupants living in this house can legally be removed from the property. Mr. Pope stated that he and Mr. King and Mr. Neuschafer found no legal authority that would allow the City to remove the occupants from the dwelling short of action by the Council. Mayor Harris stated that makes it more critical for the Council to take the appropriate action tonight. MW Further discussion was held about the current condition of the house relating to electrical and plumbing. Discussion was held about the Council making a policy that the inspections department not issue building permits after the sixty day order of the building inspector has expired until the matter comes to the Council for consideration. It was suggested that the Council discuss this option at their next retreat. Motion by Council Member Barfield and seconded by Council Member Robinson to grant an extension until the January Council Meeting. Yeas Nays Barfield Tart Robinson Maness Tonnage McLean Motion defeated 4-2. Motion by Council Member Tart and seconded by Directing the Building Inspector to proceed with Washington Avenue (PIN #1516-75-1517.000). Yeas Nays Tart Barfield Maness Robinson Tumage McLean Mayor Pro Tem Turnage to adopt the Ordinance the demolition of the dwelling located at 306 S. Motion approved 4 to 2. A copy of Demolition Ordinance (02015-10) is incorporated into these minutes as Attachment #5. Council Member Maness suggested that during the Council retreat and with direction from the City Attorney and City Manager, that the Council consider a two-phase process with the Council declaring a property unfit for human habitation and then follow-up with the order to demolish. This would give the Council authority to have any occupants removed from a property that is unfit for habitation in a timely manner. City Attorney Pope responded this is something that can be researched. Adopt CDBG Program Income Utilization Plan — Harnett Training School Apartments Project 12-C-2476 Assistant City Manager Neuschafer explained that the Council is being asked to officially adopt the CDBG Program Income Utilization Plan for the Harnett Training School Apartments Project 12-C-2476 as part of the requirement for the City's receipt of $500,000 in Small Cities Community Development Block Grant (CDBG) grant funds. The City of Dunn and Harnett Training School LLC entered into a promissory note agreement on August 1, 2014 which sets out the terms in which the Harnett Training School LLC shall repay the City of Dunn, the principal sum of $500,000. Payments of $12,000 per year will begin in FY 2016-17. Motion by Council Member Robinson and seconded by Mayor Pro Tem Tumage to adopt the CDBG Program Income Utilization Plan for the Harnett Training School Apartments Project 12-C-2476. Motion unanimously approved. A copy of the CDBG Program Income Utilization Plan is incorporated into these minutes as Attachment #6. Board Appointment — Dunn Area Tourism Authority The Council may decide to re -appoint Council Member Billy Tart as Council representative to serve on the Averasboro Township Tourism Development Authority ie: Dunn Area Tourism Authority. A bill was filed and approved in January 2013, to increase the board of the Dunn Area Tourism Authority from seven (7) members to nine (9) members; this includes an appointment from the Dunn City Council. Council Member Tart's current term will expire on December 31, 2015. Motion by Council Member Barfield and seconded by Council Member McLean to re -appoint Council Member Billy Tart as Council representative on the Dunn Area Tourism Authority with a term expiring on December 31, 2016. Motion unanimously approved. Board Appointment— Planning Board Mayor Harris explained that the Council may fill the vacant planning board seat previously held by Kevin Williams from applications submitted by Barbara Allen Holmes, Karl Bauer, Robert E. Brooks, Douglas Godwin, Jr. and Austin F. Tew. Term of appointment will expire June 30, 2018. 187 Motion by Mayor Pro Tem Tumage to appoint Karl Bauer. Motion died for lack of second. Motion by Council Member Barfield and seconded by Council Member Robinson to appoint Douglas Godwin, Jr. to the Planning Board with a term expiring June 30, 2018. Motion approved 5 to 1 with Mayor Pro Tem Tumage opposing. Temporary Blocking of Street — Annual Downtown Christmas Tree Lighting Ceremony Chairman Dal Snipes, on behalf of the Downtown Dunn Development Corporation, submitted a formal request to close the following portions of E. Broad Street on Thursday, December 3, 2015 to hold the Annual Downtown Christmas Tree Lighting Ceremony: • E. Broad from Wilson to the alley that runs parallel to First Citizens Bank from 4:00 pm until after the event at 9:00 pm. • E. Broad from the alley beside Billy Ray Godwin's office to Wilson Ave. from 6:00 pm until after the event at 9:00 pm. In addition, they are asking for assistance from the Public Works Department and Police Department Motion by Council Member Barfield and seconded by Mayor Pro Tem Tumage to approve the temporary street closing as requested for the Annual Downtown Christmas Tree Lighting Ceremony. Motion unanimously approved. Temporary Blocking of Street — Portion Fronting 614 E. Broad Street (Another Barber Shop) Extending From N. Wilmington Avenue to 611 E. Broad Street A request was received from Maurice Cameron and Corey Williams, owners of "Another Barber Shop", to close a portion of E. Broad Street fronting their business at 614 E. Broad Street from N. Wilmington Avenue to 611 E. Broad Street on Saturday, November 21, 2015 from 10 am until 5:30 pm for the purpose of holding an Annual Community Appreciation Dinner. Motion by Council Member Robinson and seconded by Council Member McLean to approve the temporary street closure as requested by "Another Barber Shop" at 614 E. Broad Street. Motion unanimously approved. ITEMS FOR DISCUSSION AND/OR DECISION Financial Report The City Manager provided the following financial report for the period ending September 30, 2015: • As of September 30, 2015, the City had a total cash balance of $3,534,921. $631,145 in the checking account; $2,327,907 in the Capital Management Trust accounts; $574,799 in Money Market Investments; and $1,070 cash on hand. The total cash balance as of September 30, 2014 was $3,460,774. • Property Tax collections were $474,792 (13.42% of budget). Last year total property tax collections through September 30, 2014 were $513,790. • Vehicle Tax collections were $79,499 (25.65% of budget). Last year total vehicle tax collections through September 30, 2014 were $79,779. • Sales Tax Distribution total as of August 31, 2015 was $278,729 (18.90% of budget). Benchmark for August was 16.67% of budget. Last year total sales tax distribution through August 31, 2014 was $250,868. Sales Tax Distribution for the month of September will be received on November 15,2015. • Building permit fees were $19,700 (30.31% of budget). Benchmark for this month is 25% of budget. Last year total building permit fees were $40,854. • Water and Sewer revenues were $1,236,731 (27.48% of budget). Benchmark for this month is 25% of budget. Last year total Water and Sewer revenues were $1,226,981. • Total expenditures as of the month of September were 26.84% of budget in the General Fund and 20.83% of budget in the Water -Sewer fund. The benchmark for this period is 25% of budget. Last year General Fund total expenditures were 29% and Water -Sewer Fund was 19.74%. PRESENTATION PAL students presented a plaque to Mayor Harris, on behalf of the City of Dunn, in Appreciation for Supporting the After School Program for the Dunn Police Athletic & Activities League. ADMINISTRATIVE REPORTS Motion by Council Member Barfield and seconded by Council Member McLean to accept the Administrative Reports. Motion unanimously approved. EMU ANNOUNCEMENTS The following announcements and/or comments were made. Mayor Harris: ➢ An Open House and Dedication Ceremony was held for the Dunn Enrichment Center this afternoon. This project is a partnership between the City of Dunn, CCCC, Dunn Community Development Corporation and Dunn PAL. ➢ City of Dunn offices will be closed tomorrow, November 11th for Veterans Day and on Thursday, November 26 h and Friday, November 27' for Thanksgiving. ➢ The Annual Downtown Christmas Tree Lighting Ceremony will be held on Thursday, December 3'a at 6:00 pm. ➢ The Dunn Christmas Parade will be held on Saturday, December 5" at 2:00 pm in Downtown Dunn. ➢ The next regular City Council meeting is scheduled for Tuesday, December 8, 2015 at 7:00 p.m. The elected Mayor and Council Members will take their oath of office. ➢ Employee Christmas luncheon will be held on Friday, December 11, 2015 from 11:30 am — 1:00 pm at the Dunn Community Building. Council Member Barfield: ➢ DACC will hold a Christmas Gala on Friday, November 13, 2015 beginning at 7 pm at The Regency. ➢ Dunn Woman's Club will hold a soup and sandwich fundraiser on November 17, 2015 at Triangle South. ➢ The Police Department will be holding an event at Daystar Church on November 21, 2015. Manager Autry: ➢ Tonight will be the last official meeting for current City Clerk Debbie West as she will be retiring December 1, 2015. He expressed his appreciation for all she has done and announced that she will be recognized at a later date. Closed Session 8:18 pm — Motion by Council Member Maness and seconded by Mayor Pro Tem Tumage to enter Closed Session in accordance with N.C.G.S. 143-318.11 (a) (3) to protect the attomey-client privilege. Motion unanimously approved. 8:32 pm - Closed Session ended. Motion by Council Member Maness and seconded by Council Member Barfield to approve the minutes of the closed session as prepared by City Attorney Pope. Motion unanimously approved. With no further business to discuss, a motion was made by Council Member Maness and seconded by Council Member McLean to adjourn the meeting at 8:34 p.m. Motion unanimously approved. Oscar N. Harris Mayor CITY �`� Attest: .......,OFOG,' CORP099T': Z Melissa R. Dudley S 20FA L9'•. Deputy City Clerk z