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02072017291 MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Regular Meeting on Thursday, February 7, 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, Chuck Turnage and Billy Barfield. 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, Planning Director Samantha Wullenwaber, Chief Building Inspector Steven King, Police Chief Bill Halliburton, Recreation Director Brian McNeill, Human Resources Director Anne Thompson, Librarian Mike Williams, Attorney P. Tilghman Pope, City Clerk Jennifer Fortin, Deputy City Clerk Melissa Dudley and Daily Record Report Melody Brown -Peyton INVOCATION Mayor Harris opened the meeting at 7:00 p.m. and asked Council Member Buddy Maness to give the invocation. Afterwards, the Pledge of Allegiance was repeated. Mayor Harris acknowledged Melody Brown -Peyton — Daily Record, Tammy Williams — Executive Director of the Dunn Chamber of Commerce and Austin King — student at Benson Middle School and the son of Steven King. AGENDA ADJUSTMENT AND APPROVAL Motion by Council Member Maness and seconded by Council Member Barfield to adopt the February 7, 2017 meeting agenda with changes, if any, as listed below. Agenda Items Added: • Proclamation Presentation— SkillsUSA Week 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. PUBLIC HEARINGS Property Unfit for Human Habitation 407 E. Pearsall Street PIN# 1516-65-7757.000 The public has been notified that oral and written comments will be heard and received concerning the declaring of the single family structure owned by Gary Strickland located at 407 E. Pearsall Street, Dunn, NC as unfit for human habitation. The public hearing was duly advertised on January 24, 2017 and January 31, 2017. There were no public comments. Ordinance Amendment OA -01-17 Chapter 3, Animals & Fowl This is a request to hereby amend Chapter 3 (Animals and Fowl) to revise the beehive regulations in the city limits and planning jurisdiction. The public hearing is the opportunity for the Council to hear comments and opinions from the public to include any party for or against the request. The public hearing was duly advertised on January 31, 2017. There were no public comments. CONSENT ITEMS Minutes — Council considered approval of minutes of the January 10, 2017 City Council Meeting. Proclamation — Black History Month A copy of Proclamation (P2017-02) for Black History Month is incorporated into these minutes as Attachment 91. Consideration of Resolution authorizing the disposition of personal property - A copy of Resolution (R2017-02) is incorporated into these minutes as Attachment #2. Budget Amendment #3, 4 —A copy ofBudget Amendment #3, 4 is incorporated into these minutes as Attachment #3 Motion by Council Member Barfield and seconded by Council Member McNeill to approve all consent items. Motion unanimously approved. AGENDA ADDITION FM Proclamation SkillsUSA Week Mayor Harris presented a Proclamation to Kyle Glover - State Treasurer and Chapter Vice -President, Carson Best — President, Vernon Blackman — Advisor, Heather Anderson — Advisor, Cameron Faircloth — Historian, Connor Faircloth — Reporter, and Jesse Murphy - Treasurer proclaiming February 5-11, 2017 as SkillsUSA Week in the City of Dunn. A copy of Proclamation (P2017-03) for Skills USA Week is incorporated into these minutes as Attachment #4. ITEMS FOR DECISION Consideration of Ordinance Declaring Property Unfit for Human Habitation 407 E. Pearsall Street PIN# 1516-65-7757.000 Building Inspector Mike Blackmon has conducted an inspection at 407 E. Pearsall Street and found the structure in a deteriorated condition thatdoes not meet the requirements of the City of Dunn Minimum Housing Code (MHC). The Building Inspector also found the property dangerous or prejudicial to the public health or public safety and is a nuisance in violation of N.C.G.S. 160A-193. The owner of the property has failed to comply with the Building Inspector's order to bring the structure on the property into compliance with the City of Dunn MHC and pursuant to N.C.G.S. 160A-443, the City Council has the authority to direct the chief building Inspector to post on the main entrance of the property a placard that states "This Building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful". If the owner of the property has not repaired, altered or improved the property to bring it into compliance with Section 4-31 of the Dunn City Code within twelve (12) months of the adoption of this ordinance, The Building Inspector is directed to bring this matter back before the City Council for further consideration of remedies available to the City of Dunn under N.C.G.S. 160A-443. Chief Building Inspector Steven King noted if the Ordinance was adopted tonight, the property owner will have one year to fix up the property and the tenant will have ten days to vacate. Motion by Council Member Maness and seconded by Council Member McNeill to adopt the proposed Ordinance Declaring the property unfit for human habitation located at 407 E. Pearsall Street, PIN #1516-65-7757.000. Motion unanimously approved. A copy of Ordinance (02017-08) is incorporated into these minutes as attachment #5. Authorization to Accept NC Rural Economic Development Grant Building Reuse Program The Organic Butcher Shop At the October 11, 2016 Council Meeting, the Council approved a Resolution to authorize the Mayor to file an application on behalf of the City of Dunn with Rural Economic Development for a Building Reuse Grant to assist in the construction of The Organic Butcher Shop located at 219 E. Broad Street. Upon completion, The Organic Butcher Shop will create five (5) full- time jobs. Rural Economic Development has provided funding of $25,000.00 to correspond with the number of 5 new full-time jobs at $5,000.00 perjob. Planning Director Samantha Wullenwaber noted The Organic Butcher shop asked for $50,000.00 and was funded $25,000.00. Council member Maness noted the budget impact states $2,500.00 and if they got a $25,000.00 grant $2,500.00 would be 10% and the local government must contribute a cash match of at least 5% of the grant amount. Planning Director Wullenwaber noted the original grant amount was $50,000.00 which would be the $2,500.00, but that is actually not paid by the City and the business takes care of it. Motion by Council Member Tumage and seconded by Council Member Barfield to accept the NC Rural Economic Development Grant — Building Reuse Program for The Organic Butcher Shop and authorize staff to execute all associated documents with approved 5% or maximum amount of $1,250.00. Motion unanimously approved. Ordinance Amendment OA -01-17 Chapter 3, Animals & Fowl Planning Director Wullenwaber noted the General Assembly passed Session Law, S. L. 2015-246, which created G.S. 106- 645 relating to beehive regulation in cities and counties. Beehives can no longer be prohibited anywhere and must be allowed, although restrictions can be placed on them as outlined in the attached propose ordinance amendment. Attorney Pope has reviewed the Ordinance. Council Member Maness noted out of concern for public health and safety and there are a lot of people that have allergies to bee stings. There is nothing in here about posting warning signs of hives being in the area. I didn't know if it would be prudent if not practical from a liability stand point to have something posted about hived being in the area so the general public is aware. Attorney Pope noted it would not be a liability to the City, generally that would be up to the property owner. I don't think the City would be prohibited under the statute from including that type of regulation, if that is something the Council would like to add. Council Member Tumage inquired as to if a permit was required. Planning Director Wullenwaber stated no. Some places did require that but most did not require a permit 293 Council Member Turnage inquired as to how is a person going to know that they have to do this if they don't have a permit and they don't have to tell anyone they are doing this. Planning Director Wullenwaber stated she did contact animal control so they are aware of it and noted people do call. We will be putting this information out in all of the departments. Mayor Harris noted there should be something in place that requires them to notify the City that they have beehives in the City and notice the public that there are beehives in a certain area. Planning Director Wullenwaber noted she can amend the Ordinance. Motion by Council Member Barfield to accept Ordinance Amendment OA -01-17 Chapter 3, Animals & Fowl. Motion failed due to no second. Motion by Council Member Maness to Accept Ordinance Amendment OA -01-17 Chapter 3, Animals & Fowl with the addition of warning signs and notification to the City Manager's Office of intent to place hives on their property. Motion failed due to no second. Attorney Pope noted tabling the item would be best and let it come back when the exact language has been drafted so you are approving specific language, since this is an Ordinance, therefore it is a law in the City of Dunn. I would prefer you approve the specific language and Samantha and I can bring it back to the next Council Meeting. Mayor Harris stated that because there was no second to either of the motions made and if Council does not have an objection I will table this until our next meeting in March. AND/OR DECISION Financial Report Finance Director Mark Stephens provided the following financial report for the period ending December 31, 2016: • The City as of December 31, 2016 had $2,070,756 in cash in the General Fund and $2,439,151 in the Water and Sewer Fund. In December 2015 the City had $2,054,927 in the General Fund and $2,189,687 in the Water and Sewer Fund. • Property Tax collections were $2,451,580 or 66.33% of budget. Last year property tax collections through December was $2,650,672 or 74.92% • Sales Tax Revenue is $782,070 or 46.69% of budget. Benchmark for the month is 41.67% 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 $48,260 or 74.24% of budget. Benchmark for this month is 50.00% of budget. • Water and Sewer Revenues were $2,396,970 or 53.27% of budget. Benchmark for this month is 50.00% of budget • Expenditures were 47.67% of budget in the general fund and 39.61% of budget in the water and sewer fund. The benchmark for this period is 50.00% of budget. Mayor Harris stated in addition to the Water and Sewer Fund there has been an additional request from Benson for an increase in water consumption. City Manager Autry stated yes, that Benson will be coming to us to increase their allowance up to 250,000gpd. Motion by Council Member Tart and seconded by Council Member McNeill 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 Barfield and seconded by Council Member Tart to accept the Administrative Reports. Motion unanimously approved. ANNOUNCEMENTS The following announcements and/or comments were made. Mayor Harris: ➢ The City Council will hold their Annual Budget Retreat/Planning Session on Friday, March 3, 2017 at the Central Carolina Community College - Dunn Enrichment Center located at 610 E. Johnson Street. The Meeting will convene at 8:00 a.m. ➢ The next regular City Council Meeting is scheduled for Tuesday, March 14, 2017 C 7:00 p.m. Mayor Harris congratulated the Chamber for a very successful annual meeting and to incoming President, Meredith Bradham and Tammy Williams, Executive Vice -President for a number of years of having such a wonderful working relationship with partnership we share with them and thank you to the Council who had great representation there and the Department Heads for attending this wonderful event. Motion by Council Member Tumage and seconded by Council Member Maness to adjourn the meeting at 7:45 p.m. Motion unanimously approved. OF/�,'���'�. �yiy VcarN. 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