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01102017PRYA MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Regular Meeting on Thursday, January 10, 2017, at 7:00 p.m. in the Dunn Municipal Building. Present was Mayor Oscar N. Harris, Mayor Pro Tem Billy Tart, Council Members Buddy Maness, Gwen McNeill, Frank McLean, Billy Tart and Chuck Turnage. Also present was City Manager Ronnie Autry, Assistant City Manager Steven Neuschafer, Finance Director Mark Stephens, Public Works Director Dean Gaster, Chief Building Inspector Steven King, Chief Building Inspector Steven King, Police Chief Bill Halliburton, Recreation Director Brian McNeill, Librarian Mike Williams, Attorney P. Tilghman Pope, City Clerk Jennifer Fortin, Deputy City Clerk Melissa Dudley and Daily Record Report Melody Brown -Peyton Absent: Council Member Billy Barfield, Planning Director Samantha Wullenwaber and Human Resources Director Anne Thompson Mayor Harris spoke with Mrs. Barfield and noted Council Member Barfield's procedure went well and is expected to return home on Thursday. INVOCATION Mayor Harris opened the meeting at 7:00 p.m. and asked Reverend Roy Johnson, Chaplain and Director of Pastoral Care for Harnett Health System, to give the invocation. Afterwards, the Pledge of Allegiance was repeated. AGENDA ADJUSTMENT AND APPROVAL Motion by Council Member Maness and seconded by Council Member McLean to adopt the January 10, 2017 meeting agenda with changes, if any, as listed below. Agenda Items Added: • Item for Decision— Consideration of rotating the Mayor Pro Tem position Agenda Items Removed: • none Motion unanimously approved. PUBLIC COMMENT PERIOD Each speaker is asked to limit comments to 3 minutes, and the total comment period will be 30 minutes. Citizens must sign up and register on a sign-up sheet available on the podium within the City Council Chambers prior to the start of the meeting. Mayor Harris read the City of Dunn City Council Public Comment Policy. There were no public comments. PUBLICHEARINGS Demolition of Structure 510 Spring Branch Road PIN# 1516-71-5790.000 The Public has been notified that oral and written comments will be heard and received concerning the demolition of the structure located at 510 Spring Branch Road, Dunn, NC. The Public Hearing was duly advertised on December 30, 2016 and January 6, 2017. Amar Patel 3500 Birkdale Court Fayetteville, NC spoke in opposition of the demolition process. Mr. Patel noted the property is getting cleaned out and a franchise has been secured. Mayor Harris inquired the property is being cleaned, a franchise was secured and ownership of the property has been secured. Mr. Patel stated ownership of the property has not been secured due to the condemnation order and the property cannot be closed on until this matter is resolved. We have provided a copy of the franchise letter stating it is secured. We are going in the right direction. Assistant City Manager Neuschafer noted all supporting documentation is in the packet. Council Member Maness noted at the last meeting we deferred the issue so you could get the land purchase and you had indicated you wanted that done by the end of the year. Mr. Patel noted it was posed to the bank that there was an order pending and they said before we go any further this has to be resolved. Mayor Harris closed the Public Hearing. CONSENTITEMS Minutes — Council considered approval of minutes of the December 13, 2016 City Council Meeting. WPM Budget Amendment — BA #2 —A copy of BA #2 is incorporated into these minutes as Attachment #1 Weedy Lot/Assessment Report Request for Disposal of Records - Library Consideration of Resolution authorizing the disposition of personal property - A copy of Resolution (R2017-01) is incorporated into these minutes as Attachment #2. Consideration of Ordinance Rescinding an Ordinance declaring the property unfit for human habitation located at 211 W. Hamett Street, Dunn, NC. -A copy of Ordinance (02017-01) is incorporated into these minutes as Attachment 0. Consideration of Ordinance Rescinding an Ordinance declaring the property unfit for human habitation located at 303-A S. Magnolia Avenue, Dunn, NC. - A copy of Ordinance (02017-02) is incorporated into these minutes as Attachment #4. Consideration of Ordinance Rescinding an Ordinance declaring the property unfit for human habitation located at 1000 S. King Avenue, Dunn, NC. - A copy of Ordinance (02017-03) is incorporated into these minutes as Attachment #5. Consideration of Ordinance Rescinding an Ordinance declaring the property unfit for human habitation located at 300 N. Clinton, Dunn, NC. -A copy of Ordinance (02017-04) is incorporated into these minutes as Attachment #6. Consideration of Ordinance Rescinding an Ordinance directing the Building Inspector to remove or demolish the property herein described as unfit for human habitation and directing that a notice be placed thereon that the same may not be occupied located at Ashe Avenue (structure behind church), Dunn, NC. - A copy of Ordinance (02017-05) is incorporated into these minutes as Attachment #7. Motion by Council Member McLean and seconded by Council Member McNeill to approve all consent items. Motion unanimously approved. ITEMS FOR DECISION Reimbursement Agreement for Plug -In Electric Vehicle Charging Station By Duke Energy Assistant City Manager Neuschafer stated the City of Dunn was awarded an Electric Vehicle Charging Station Grant in the amount of $5,000.00 for one charging port. Duke Energy has stated that the grant was designed to fully cover the cost of the Electric Vehicle Charging Station. If funds from the City of Dunn are required once bids are received, the item will come before the Council for further consideration. We are looking at the Clinton Avenue public parking lot as there are transformers there already. City Attorney Tilghman Pope has reviewed the reimbursement agreement provided by Duke Energy. Council Member Turnage noted in other cities there are directional signs pointing them to the charging station. Council Member Tart inquired about cost to the City as far as a monthly bill Assistant City Manager Neuschafer noted the City can opt to cover the maintenance and replacement cost to the charging station in an agreement. Some places charge nothing while others charge S2.00/hour. Sometimes there is a limit so someone doesn't stay there all day or night and the price increases as the hours go by. Council Member Maness noted to be fair for anyone who uses the station pay for the power as opposed it costing the City. Council Member Maness stated he would like to see what other areas do. Council Member Turnage agreed that more data is needed from cities of comparable size such as Smithfield. Mayor Harris noted the cities should be along I-95. Attorney Pope noted procedurally it was fine for Council to accept the grant and later impose fees once you receive further feedback from staff. Motion by Council Member Maness and seconded by council Member Tumage to approve the Reimbursement Agreement for a Plug -In Electric Vehicle Charging Station by Duke Energy. Motion unanimously approved. Consideration of Ordinance to Demolish House 605-607 S. Fayetteville Avenue PIN #1516-45-7888.000 Chief Building Inspector Steven King has conducted an inspection at 605-607 S. Fayetteville 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 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. This matter was tabled at the December 13, 2016 Council Meeting to be brought before the City Council at the January 10, 2017 Council Meeting to allow the property owner more time to make repairs on the dwelling. At this time the property owner has not completed any repairs since the December, 2016 Council Meeting. f1R Building Inspector King noted since his last inspection with Mr. Joyner, no repairs have been made and no permit has been issued. The only thing Building Inspector King noticed was the yard had been cleaned up. Should Council decide to proceed with the demolition of the dwelling located at 605-607 S. Fayetteville Avenue, an ordinance would need approval directing the Building Inspector to remove or demolish said structure. Motion by Council Member Maness and seconded by Council Member McNeill to adopt the proposed Ordinance Directing the Building. Inspector to proceed with the demolition of the dwelling located at 605-607 S. Fayetteville Avenue PIN #1506- 88-3051.000. Motion unanimously approved. A copy of Ordinance (02017-06) is incorporated into these minutes as attachment #8. Consideration of Ordinance to Demolish House 117 Bruce Drive PIN# 1506-88-3051.000 Building Inspector Mike Blackman has conducted an inspection at 117 Bruce Drive 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. This matter was tabled at the December 13, 2016 Council Meeting to be brought before the City Council at the January 10, 2017 Council Meeting to allow the property owner more time to make repairs on the dwelling. At this time the property owner has not completed any repairs since the December, 2016 Council Meeting. Building Inspector King noted there has not been progress made and I have not heard from the owner. Should Council decide to proceed with the demolition of the dwelling at 117 Bruce Drive, an ordinance would need approval directing the Building Inspector to remove or demolish said structure. Motion by Council Member Tumage and seconded by Council Member McNeill to adopt the proposed Ordinance Directing the Building Inspector to proceed with the demolition of the dwelling located at 117 Bruce Drive PIN #1506-88-3051.000. Motion unanimously approved. -A copy of Ordinance (02017-07) is incorporated into these minutes as attachment #9. Consideration of Ordinance to Demolish Structure 510 Spring Branch Road PIN# 1516-71-5790.000 Chief Building Inspector Steven King has conducted an inspection at 510 Spring Branch Road and based upon his observations, the structure is in a condition that constitutes a fire and health hazard. 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 the property. Building Inspector King noted Mr. Patel has done a lot of work as far as cleaning out the building. He is in constant contact with myself and Planning Director Wullenwaber. I have made several site visits and the pool has been removed and about 70% of the motel cleaned out including furniture. In my opinion he has made a good faith effort. Mayor Harris inquired if Council deferred action they could still proceed with the improvements Attorney Pope noted the options to Council would be to table the matter as with others in the past for some period of time to see what sort of progress is made and continue down that path if you see sufficient progress. The problem that Mr. Patel is probably having is most banks will not lend money to buy and do repairs with this hanging out there. Other alternatives would be to look down the ordinance and the current condemnation proceedings would be over and if he didn't follow through with what he said he would do Building Inspector King could start a new one and that would require some time. The other possibility would be whether or not if it is the wishes of the Council, his attorney, the banks attorney and myself were able to get together and come up with some type of agreement that Council would forebear so long as he met certain miles stones and progress along with renovations or something of that nature where we would be able to craft something that the lawyers could live with, which that such agreement would require Council approval in the future. If you were going to table it for additional time to see additional progress, I would suggest at least 60 days based on progress made to date maybe more, to give us time to talk with the lawyers from the bank and his attorney to see if there was something that could be brought back to the Council by the time that time period ran out. Mayor Harris inquired if Council deferred action for 60 days it would give Attorney Pope and the other attorney's time to draft such a document to move forward. Attorney Pope noted it would be imperative for Mr. Patel's attorney and whatever lender he is working with to get with the City to get that done. Mr. Patel stated he would agree to that. Council Member Maness noted this is to protect the City and this order is all we have to guarantee that this will be fixed or be tom down. Should Council decide to proceed with the demolition of the structure at 510 Spring Brunch Road, an ordinance would need approval directing the Building Inspector to remove or demolish said structure. Motion by Council Member Maness and seconded by Council Member McNeill to table this matter until the March Council Meeting with the understanding and stipulation that all of the parties will get together to work out all of the necessary legal I'1 contract or requirements dealing with contingencies to be brought back to Council and that it has been to where he is able to obtain financing and purchase the property. Motion unanimously approved. Set Date for Budget Retreat FY 2017-2018 The Budget Retreat for Fiscal Year 2017-2018 will be held on Friday, March 3, 2017 at the Dunn Enrichment Center 660 East Johnson Street, Dunn, NC with a proposed time to convene at 8:30 a.m. The Budget Retreat will prioritize goals of the City and how to accomplish them for FY 2017-2018 and beyond Motion by Council Member McLean and seconded by Council Member Tumage to accept the proposed Budget Retreat date of Friday, March 3, 2017. Motion carried unanimously. AND/OR DECISION Financial Report Finance Director Mark Stephens provided the following financial report for the period ending November 30, 2016: • The City as of November 30, 2016 had $1,526,094 in cash in the General Fund and $2,416,790 in the Water and Sewer Fund. In November 2015 the City had $1,393,531 in the General Fund and $2,123,768 in the Water and Sewer Fund. • Property Tax collections were $1,242,288 or 33.61% of budget. Last year property tax collections through November was $1,304,061 or 36.86% • Sales Tax Revenue is $626,452 or 37.40% of budget. Benchmark for the month is 33.33% of budget. • Utilities Sales Tax is $375,900 or 47.64% of budget. Benchmark for this month is 50.00% of budget. • Building Permit Fees were $38,895 or 59.83% of budget. Benchmark for this month is 41.67% of budget. • Water and Sewer Revenues were $2,053,172 or 45.63% of budget. Benchmark for this month is 41.67% of budget • Expenditures were 39.70% of budget in the general fund and 33.31% of budget in the water and sewer fand. The benchmark for this period is 41.67% of budget. Motion by Council Member McLean and seconded by Council Member Maness to accept the Financial Report. Motion carried unanimously. ADMINISTRATIVE REPORTS Tax Report Building Report, Planning, Recreation and Library Reports Police Report Motion by Council Member Tart and seconded by Council Member McLean to accept the Administrative Reports. Motion unanimously approved. AGENDA ADDITION Mayor Pro Tem Motion by Council Member Tart and seconded by Council Member McLean to nominate Council Member Barfield as Mayor Pro Tem. Motion unanimously approved. Tammy Williams Executive Vice -President of the Dunn Area Chamber of Commerce thanked the City Council, Department Heads and staff for all of the support they have given the Dunn Chamber in 2016. Ms. Williams noted the annual banquet is Tuesday, January 31, 2017 at 6:00 p.m. at the Dunn Shrine Center. There will be awards given away. There will also be a ribbon cutting on Friday, January 201h at 10:50 a.m. and it will be the grand re -opening celebration of Kim's Barbeque. ANNOUNCEMENTS The following announcements and/or comments were made. Mayor Harris: ➢ The City of Dunn offices will be closed Monday, January 16th for Martin Luther King, Jr. Day. ➢ The annual Martin Luther King, Jr. Parade will be held on Monday, January 1611 @ 11:00 a.m. in Downtown Dunn. ➢ Mayor Harris noted the Harnett County NAACP would like to thank the City for sponsoring the 19" Annual Martin Luther King, Jr. and invite the City to breakfast @ 8:00 a.m. Monday, January 1611 at 205 Jackson Road (Dunn Community Center) and the guest speaker will be Anthony Davis — Forward together not one step back. ➢ The Mid -Carolina Council of Governments Annual Dinner Meeting will be held on Thursday, January 26' @ 6:30 p.m. at Coharie Country Club 101 Coharie Lane, Clinton, NC. ➢ DACC Annual Banquet will be held at the Dunn Shrine Center on Tuesday, January 31, 2017 @ 6:00 p.m. ➢ The next regular City Council Meeting is scheduled for Tuesday, February 7, 2017 @ 7:00 p.m. Motion by Council Member McNeill and seconded by Council Member Maness to adjourn the meeting at 7:45 p.m. Motion unanimously approved. 1.!It� fier . 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