Town of Angier Board of Commissioners

TOWN OF ANGIER BOARD OF COMMISSIONERS Minutes Regular Meeting August 7, 2012

The Town of Angier Board of Commissioners met in regular session on Tuesday, August 7, 2012 in the Angier Municipal Building, 28 N. Raleigh Street, Angier, NC. Mayor R.H. Ellington presided, calling the meeting to order at 7:00 p.m. A quorum was established as the Mayor and three board members were present as the meeting opened.

Commissioners Present: Craig Honeycutt, Keith Pleasant and Alvis McKoy.

Commissioners Absent: None (Vacancy-Ward 2)

Staff Members Present: Coley Price, Town Manager; Joyce Valley, Town Clerk; Amanda Davis, Library Director; Derek McLean, Recreation Director; Jimmy Cook, Public Works Director; Brad Sutton, Building Inspector; Mike Hill, former Code Enforcement Officer; Jay Sikes, Planner; and Planning Technician Betty Pearson. Also present was Planning Board member Ted Holmes. Kim Lambert represented the Angier Independent.

Guests Present: 2012 Tarheel Little League State Runner-Up members, Head Coach Randy McLean and Assistants Jeff Pope and Wes Gregory

2 and 3. The Pledge of Allegiance was recited, and the meeting opened with an invocation by Commissioner Alvis McKoy.

4. Consideration of Agenda: The August 7, 2012 meeting agenda was adopted with changes, if any, listed below.

Addition-Item 10-a-Appointment of Mayor Pro-Tem

BOARD ACTION: The Town Board voted unanimously to add Consent Item 10-a- Appointment of Mayor Pro-Tem to the evening’s agenda.

MOTION BY: HONEYCUTT SECOND BY: PLEASANT VOTE: UNANIMOUS 3-0

5-a. Presentation-Proclamation Recognizing 2012 Tarheel League State Tournament Runner-Up

Mayor Ellington stated that he had attended every game played by the Angier Little League team this year and expressed appreciation to them for representing the Town of Angier in such an admirable way. He congratulated the team members individually, as well as Head Coach Randy McLean and Assistants Jeff Poe and Wes Gregory. (Attachment #1) Mayor Ellington read the proclamation aloud and presented a banner which will be displayed at the corner of Highway 55/210 until the end of September, 2012 and thereafter displayed permanently during baseball season at Jack Marley Park.

Mayor Ellington stated that he had received a letter from Jimmy Gaines, President of Tarheel Leagues, Inc. who expressed appreciation to the Town and commended Recreation Director and his staff for an outstanding job of keeping the park very clean and welcoming to all of the guests. (Attachment #2)

Mayor Ellington stated that this event could not have been possible without the teamwork of Town Departments, Staff and employees. He expressed gratitude to everyone who worked this event and helped to create a wonderful event for the Town of Angier.

Each member of the Town Board echoed the sentiments of Mayor Ellington.

Head Coach Randy McLean presented the Town of Angier with a baseball signed by all of the team and expressed his appreciation to the Town of Angier for their support of the Angier Little League team.

Mayor Ellington thanked the coaching staff and commended the team for a job well done.

5-b. Jonathan Murdock-Angier Gymnastics-5k Run-September 8, 2012-On behalf of the Angier Gymnastics Booster Club, Mr. Murdock requested that the Town Board allow another 5k Run/Walk fundraiser on September 8, 2012 beginning at 8:00 a.m. Mr. Murdock stated that the club feels that holding this event at Jack Marley Park early in the morning would be best for the group as well as the Town and as at the previous event; the group will provide liability insurance and will remain in the park.

There was a consensus of the Town Board to allow Angier Gymnastics Booster Club to hold the Crepe Myrtle Fun Run 5K Run/Walk Fundraiser at Jack Marley Park at 8:00 a.m. on September 8, 2012. (Attachment #3)

6- Public Forum- At this time, an opportunity was provided for members of the audience who wished to address the Board of Commissioners on any variety of topics not listed on the night’s agenda.

There were no requests to address the Town Board.

6-a. Angier Chamber of Commerce-President Ricky Temple-Shop Local Initiative

Mr. Temple thanked the Mayor, Town Board, and Town employees for working and pulling together in time of need. He stated that over the years, he has worked with the Chamber and to shop local is his passion because he loves the Town and Harnett County. Mr. Temple presented the Angier Chamber of Commerce Shop Local Initiative. He stated that the purpose of the initiative is to promote economic growth for local businesses, generate revenue for the county and improve the quality of life for area citizens. (Attachment #4)

Mayor Ellington expressed appreciation to Mr. Temple for his presentation on behalf of the Angier Chamber of Commerce and stated that citizens should try to shop local when possible.

7. Consent Agenda

a. Minutes-July 3, 2012 Regular Meeting b. Minutes-July 10, 2012 Joint Town Board/Planning Board meeting c. NCDOT-Sidewalk Agreement-NC 210-Poplar Street/Willow Street (Attachment #5) d. Budget Amendment #BOA2013.02 (Attachment #6) e. Policy for Write-Off of Uncollectible Account Receivable (Attachment #7)

BOARD ACTION: The Town Board unanimously approved the consent items as presented.

MOTION BY: HONEYCUTT SECOND BY: MCKOY VOTE: UNANIMOUS 3-0

8. New Business

8-a. Street Closing-Crepe Myrtle Festival-Angier Chamber of Commerce President Ricky Temple requested that the Chamber Board would like to request the closing of Broad Street at Lillington Street and Broad Street at East Church Street during the Crepe Myrtle Festival on September 8, 2012. (Attachment #8)

BOARD ACTION: The Town Board unanimously approved the closing of Broad Street at Lillington Street and Broad Street at East Church Street during the Crepe Myrtle Festival on September 8, 2012.

MOTION BY: MCKOY SECOND BY: PLEASANT VOTE: UNANIMOUS 3-0

8-b. Resolution-Harnett County Hazard Mitigation Plan-Jay Sikes-Mayor Ellington yielded to Planner Jay Sikes who stated that the Town of Angier adopted Harnett County’s Hazard Mitigation Plan in 2010 because as a result of the Disaster Mitigation Act of 2000 and Senate Bill 300, each local government including counties, cities, towns and villages are required to have an approved Hazard Mitigation Plan in order to apply for hazard mitigation funding that must be updated every five years. Planner Jay Sikes further stated that Harnett County is requesting that each Harnett County municipality enter into a Participation Agreement for a Regional Hazard Mitigation Plan for Moore, Chatham, Lee and Harnett Counties.

BOARD ACTION: The Town Board voted unanimously to enter into a Participation Agreement for a Regional Hazard Mitigation Plan for Moore, Chatham, Lee and Harnett Counties. (Attachment #9)

MOTION BY: MCKOY SECOND BY: PLEASANT VOTE: UNANIMOUS 3-0

8-c Ordinance to Remove or Demolish 39 East Lillington Street-Mayor Ellington yielded to former Code Enforcement Officer Mike Hill who stated that by consensus of the Town Board at their regular meeting held on July 3, 2012, an Ordinance to Demolish the dilapidated dwelling located at 39 East Lillington Street, Angier, NC (PIN# 04067420100001 01) is included in the Board agenda packet for consideration.

Mr. Hill reviewed the history of this property, beginning with the initial complaint was received on March 23, 2012. Mr. Hill stated that on March 23, 2012, Harnett County Building Inspector Brad Sutton condemned the property pursuant to NCGS 160A-426 and the property was posted accordingly.

Mr. Hill stated that on March 30, 2012, Mrs. Michelle Arnette (property owner) and her Attorney, David McCray attended a conference in the Town Hall conference room in reference to the proposed condemnation and on April 12, 2012 a first class and certified letter was sent to Mrs. Arnett with Notice of Findings of Fact and Order.

Mr. Hill stated that on June 14, 2012, a first class and certified letter was mailed to Ms. Arnett with notice that the case would go before the Town Board at the August 7, 2012 Board meeting for consideration of an Ordinance to Demolish.

Mayor Ellington asked Mrs. Michelle Arnette, who was present, if she would like to make any comments in reference to the Ordinance to Demolish as she had requested to address the Board concerning same by way of contacting the Town Clerk to make the request.

Mrs. Michelle Arnette, owner of the 39 East Lillington Street property stated that she has had difficulty with repairing the house because the tenants would not allow contractors who she hired to enter the home on several occasions.

Commissioner Alvis McKoy stated that when reviewing the documents and photos provided in the agenda packet, he is in favor of the Town’s Order to Demolish the house as presented to the Board. Mayor Ellington stated that the Town has followed the Minimum Housing Code and the North Carolina General Statutes with regard to condemnation and that Mrs. Arnette has been given the proper time to bring the house to code and from photos of the property, the cost to repair would exceed the value of the house.

With no further discussion, Mayor Ellington entertained a motion.

BOARD ACTION: The Town Board unanimously adopted an Ordinance Directing the Building Inspector to Remove or Demolish Property located at 39 East Lillington Street (PIN#04067420100001.01) (Attachment #10-Ordinance #2012.04)

MOTION BY: PLEASANT SECOND BY: MCKOY VOTE: UNANIMOUS 3-0

8-d. Ordinance to Remove or Demolish 75 East Lillington Street-Mayor Ellington yielded to former Code Enforcement Officer Mike Hill who provided the Town Board with the historical information with regard to 75 East Lillington Street.

Mr. Hill stated that the initial complaint regarding 75 East Lillington Street was from the Public Works Department who witnessed raw sewage being dumped onto Lillington Street from the dwelling. He further stated that the owners, Edmund and Christine Hickey indicated they had no interest in the property and made no attempt to correct the problem.

Mr. Hill stated that the Findings of Fact and Order was sent out by first class and certified mail to the owners and the mortgage lender ordering the owners of the property to bring the property into compliance with the Minimum Housing Code by repairing, altering, improving or vacating and closing the deteriorated structure by a date no later than June 2, 2011 (90 days). He added that on June 2, 2011, there had been no repairs to the structure and the case was presented to the Town Board on August 2, 2011 with an ordinance to close the dwelling.

Mr. Hill stated that one year has passed, the owners and mortgage lender has abandoned the intent to bring the structure into compliance with the Minimum Housing Code as ordered on March 3, 2011 and an Ordinance Directing the Code Enforcement Officer is included in the Board packet for consideration.

Mayor Ellington asked if anyone would like to address the Town Board with regard to this property. No one came forward to address the Town Board.

BOARD ACTION: The Town Board unanimously adopted an Ordinance Directing the Code Enforcement Officer to Remove or Demolish the Property. (PIN#0673-89-0207.000) (Attachment #11-Ordinance # 2012.05)

MOTION BY: MCKOY SECOND BY: PLEASANT VOTE: UNANIMOUS 3-0 9. Manager’s Report-Town Manager Coley Price provided the following update to the Town Board:

 A recycling inventory was completed and it was determined that everyone is not putting out their recycling carts on pick-up day. On July 28, 2012, out of 1,596 recycling carts, only 936 carts were placed by the curb which results in a 58% participation rate. The Town Staff has and will continue to make an extra effort to educate the public with regard to the importance of recycling.  Way finding Signage-There was a meeting with Advanced Signs and installation of the signs will begin once the Board approves design.  Poplar Street/Dora Street Sidewalk-The project is complete and will close-out within the next few weeks.  39th Annual Crepe Myrtle Festival-Saturday, September 8th-9:45 a.m. until 4 p.m. at Depot Square  The Town Board and the Planning Board are encouraged to attend a public meeting at Fuquay-Varina Community Center on Tuesday, August 14th from 6:30-8:00 p.m. in lieu of the regular Planning Board meeting. Mitch Silver, President of the American Planning Association will be the speaker. There will be no regular Planning Board meeting in August.  No Board of Adjustment meeting in August  Town of Angier hosted the State Championship Baseball Tournament on Thursday, July 26th, Friday, July 27th, Saturday, July 28th and Sunday, July 29th.  Town offices will be closed in observance of Labor Day on Monday, September 3, 2012  September Board meeting will be Tuesday, September 4, 2012  Board of Adjustment meeting will be held on Tuesday, September 18, 2012

10. Mayor/Town Board Reports

10-a Appointment of Mayor Pro-Tem

BOARD ACTION: The Town Board voted unanimously to appoint Commissioner Craig Honeycutt as Mayor Pro-Tem.

MOTION BY: PLEASANT SECOND BY : MCKOY VOTE-3-0

10. RECESS: Motion by Commissioner Honeycutt, second by Commissioner Pleasant to recess the regular meeting and go into Closed Session pursuant to NCGS 143.3318.11(3) for the purpose of consultation with Town Attorney at 7:55 p.m. 11. CLOSED SESSION

The Town Board discussed litigation regarding the Chandler property with the Town Attorney.

BOARD ACTION: The Town Board discussed the Chandler property with the Town Attorney and reached a consensus for settlement and voted unanimously to return to Regular Session to consider a property settlement with David Chandler, a resident of Angier.

BOARD ACTION:The Town Board voted unanimously to settle with Mr. Chandler in the amount of $18,000 for a sewer easement for a USDA sewer project of which half this settlement will be paid by the County of Harnett through a contractual agreement with the Town of Angier.

MOTION BY: HONEYCUTT SECOND BY: MCKOY VOTE: UNANIMOUS 3-0

Adjournment-With no further business to discuss for the evening of August 7, 2012, motion by Commissioner Pleasant, second by Commissioner Honeycutt to adjourn the meeting at 8:27 p.m. Motion unanimously approved.

______R.H. Ellington Mayor

ATTEST:

______Joyce H. Valley, MMC Town Clerk

Addendum pages as referenced in these minutes follow and are a part of the official record.