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02/05/2008 Regular City Council MeetingCITY OF MONROE REGULAR CITY COUNCIL MEETING 300 W. CROWELL STREET, MONROE, NC 28112 FEBRUARY 5, 2008 - 6:30 F.M. AGENDA www.monroenc.org 1. Administration of Oaths of Office of New Police Officers A. Brian Douglas DeBois, II B. Brian Carl Norman C. Johnathan Ray Williams 2 Presentation of Patriot Award CONSENT AGENDA The City Council uses a Consent Agenda to consider items that are non- controversial and routine. The Consent Agenda is acted upon by one motion and vote of the Council. Items may be removed from the Consent Agenda and placed on the Regular Agenda at the request of a Council Member or Citizen. The Consent Agenda contains the following items: 3. Approval/Acceptance of Minutes A. Minutes of Regular City Council Meeting of Janl~ary 22, 2008 B. Minutes of Public Safety Committee Meeting of January 16, 2008 C. Minutes of Land Development Committee Meetings of November 29, 2007 and December 13, 2007 D. Minutes of Board of Adjustment Meeting of December 20, 2007 E. Minutes of Historic District Commission of December 10, 2007 4. Resolutions A. Abandonment of a Portion of the Former Unionville-Indian Trail Road B. Designation of Authorized Signatories C. Designation of Depositories D. Designation of Individuals Authorized to Perform Investment Securities Transactions 5. Budget Amendments A. Utility Billing Services Representative (Moved to Regular Agenda as Item #10) B. Transfer of Funds for Economic Development Specialist Position 6. Call for Public Hearing to be Held February 19, 2008 to Close Out CDBG Housing Development Grant Regular City Council Meeting February 5, 2008 Page 27 7. Annual Report of Boards and Commissions 8. Contract for Foreign Trade Zone Application for Monroe Corporate Center and Airport Area 9. Summary of Contracts Awarded Pursuant to 0-2001-17, Change Orders Approved Pursuant to R-2000-76, and Authority of City Manager to Settle Certain Claims Pursuant to 0-2004-27 REGULAR AGENDA 10. Budget Amendment -Utility Billing Services Representative (Moved from ~" ` Consent Agenda) 11. Resolution of Intent to Abandon a Portion of Secre;st Price Road (Continued from January 8, 2008 and January 22, 2008) 12. Petition for Ordinance to Declare Certain Property Unfit for Human Habitation and Demolition at 302 South Washington Street 13. Amendment to Abandoned and Junked Motor Vehicle Ordinance 14. Amendment to Notice of Special City Council Meeting of February 29, 2008 - (Amend Time and Purpose) 15. Public Comment Period ~~ Regular City Council Meeting February 5, 2008 Page 28 CITY OF MONROE REGULAR CITY COUNCIL MEETING FEBRUARY 5, 2008 - 6:30 P.M. MINUTES The City Council of the City of Monroe, North Carolina, met in Regular Session in the City Hall Council Chambers, 300 W. Crowell Street, Monroe, North Carolina, at 6:30 p.m. on February 5, 2008 with Mayor Bobby G. Kilgore presiding. Present: Mayor Bobby G. Kilgore, Mayor Pro Tem P.E. Bazemore, Council Members John Ashcraft, Billy Jordan, Lynn Keziah„ Dottie Nash, Robert J. Smith, City Attorney Terry Sholar, and City Clerk Bridgette H. Robinson. Absent: City Manager F. Craig Meadows. Visitors: Butch Allen, Hilary Bibeau, Roland Bibeau, Bruce Bounds, Charlitta Burris, Lee DeFrank, Debra Korb, Sheri Laney, Jim Loyd, Chris Plate, Mike Torralba, and others. Mayor Kilgore called the Regular City Council Meeting of February 5, 2008 to order at 6:30 p.m. A quorum was present. Item No. 1. Recognitions. Administration of Oaths of Office of New Police Officers. A. Brian Douglas DeBois, II. Mayor Kilgore administered the Oath of Office to Officer Brian Douglas DeBois, II: I, Brian Douglas DeBois, II, do solemnly swear that I will be alert and vigilant to enforce the criminal laws of this state; that I will not be influenced in any matter on account of personal bias or prejudice; that I will support and maintain the Constitution and laws of t:he United States, and the Constitution and laws of North Carolina not inconsistent therewith; and that I will faithfully and impartially discharge and execute the duties of my office as a law enforcement officer according to the best of my skill, abilities, and judgment; so help me God. /s/ Brian Douglas DeBois, II B. Brian Carl Norman. Mayor Kilgore administered the Oath of Office to Officer Brian Carl Norman: I, Brian Carl Norman, do solemnly swear that I will be alert and vigilant to enforce the criminal laws of this state; that I will not be influenced in any matter on account of personal bias or prejudice; that I will support and maintain the Constitution and laws of the United States, and the Constitution and laws of North Carolina not inconsistent therewith; and that I will faithfully and impartially discharge Regular City Council Meeting February 5, 2008 Page 29 and execute the duties of my office as a law enforcement ofl:icer according to the best of my skill, abilities, and judgment; so help me God. /s/ Brian Carl Norman C. Johnathan Ray Williams. Mayor Kilgore administered the Oath of Office to Officer Johnathan Ray Williams: I, Johnathan Ray Williams, do solemnly swear that I will be alert and vigilant to enforce the criminal laws of this state; that I will not be influenced in any matter on account of personal bias or prejudice; that I will support and maintain the Constitution and laws of the United States, and the Constitution and laws of North Carolina not inconsistent therewith; and that I will faithfully and impartially discharge and execute the duties of my office as a law enforcement officer according to the best of my skill, abilities, and judgment; so help me God. /s/ Johnathan Ray Williams Item No. 2. Presentation of Patriot Award. Sgt. Phil Pressley thanked the Mayor and Council and Chief Duncan for the support provided to him during his career with the National Guard. Sgt. Pressley introduced Mr. Tony Clark of the Employer Support for the Guard and Reserve (ESGR) who presented Police Chief Debra Duncan with the; Patriot Award. Mr. Clark stated that the ESGR was a volunteer organization that worked directly under the Secretary of Defense and their mission was to gain and maintain the support of all the employers of the Guard and Reservists in North Carolina. Mr. Clark presented members of Council with a Patriot lapel pin in appreciation of their support. CONSENT AGENDA Mayor Kilgore reviewed the Consent Agenda and asked if any member of the Council or citizen would like to have any items moved from the Consent Agenda to the Regular Agenda for discussion. Written background information was provided in advance in the Council Agenda Packets for each item on the Consent Agenda. Council Member Jordan requested that Item #S.A. (Budget Amendment -Utility Billing Services Representative) be moved to the Regular Agenda. No further discussion was held. One motion and vote was taken, which included approval of all items on the Consent Agenda, except Item #S.A. Item No. 3. Approval/Acceptance of Minutes. A. Minutes of Regular City Council Meeting of January 22, 2008. Council Member Keziah moved to approve the Minutes of the Regular City Council Meeting of January 22, 2008. Council Member Smith seconded the motion, which passed unanimously with the following votes: Regular City Council Meeting February 5, 2008 Page 30 AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None B. Minutes of Public Safety Committee Meeting of January 16, 2008. Minutes of the Public Safety Committee Meeting of January 16, 2008 were received as information by Council. C. Minutes of Land Development Committee Meetings of November 29, 2007 and December 13, 2007. Minutes of the Land Development Committees Meetings of November 29, 2007 and December 13, 2007 were received as information by Council. D. Minutes of Board of Adjustment Meeting of December 20, 2007. Minutes of the Board of Adjustment Meeting of December 20, 2007 were received as information by Council. E. Minutes of Historic District Commission of December 10, 2007. Minutes of the Historic District Commission of December 10, 2007 were received as information by Council. Item No. 4. Resolutions. A. Abandonment of a Portion of the Former Unionville-Indian Trail Road. Engineering Director Jim Loyd advised by memorandum that the North Carolina Department of Transportation had received a request from the Mathisen Company to abandon approximately 1,864 feet of Unionville-Indian Trail Road (SR 1367). Mr. Loyd advised that a new 60 foot right-of--way had been dedicated for the realignment ofUnionville-Indian Trail Road with Poplin Road (SR 1508). The roadway improvements have been completed as part of the Glendalough Subdivision. Staff recommended that Council concur with the request by the Mathisen Company and adopt a Resolution to abandon approximately 1,864 :feet of Unionville-Indian Trail Road located near Poplin Road. Council Member-Keziah moved to adopt Resolution R-2008-13: RESOLUTION FOR THE ABANDONMENT OF A PORTION OF THE MAINTAINED RIGHT-OF-WAY OF UNIONVILLE- INDIAN TRAIL ROAD (SR 136 BY THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION R-2008-13 WHEREAS, the Monroe City Council approved on April 4, 2006 the Conditional District "Glendalough" which provided for the realignment of Unionville-Indian Trail Road (SR 1367) near Poplin Road (SR 1508) as part of the development improvements; and, WHEREAS, the planned roadway improvements are naw complete and the developer, The Mathisen Company, has petitioned the North Carolina Department of Transportation to abandon a portion of Unionville-Indian Trail Road (SR 1367), being approximately 1,864 feet in length as depicted on the map prepared by Frontier Land Surveying, dated August 31, 2007; and, WHEREAS, the North Carolina Department of Transportation has requested the City of Monroe to concur with the proposed abandonment and upon approval by the City of Monroe, the abandonment will be recommended by the local District Office to the Board of Transportation for final action. Regular City Council Meeting February 5, 2008 Page 31 NOW, THEREFORE, the Monroe City Council recommends to the North Carolina Department of Transportation the abandonment of approximately 1,864 feet of Unionville-Indian Trail Road (SR 1367) located near Poplin Road as depicted on the map prepared by Frontier Land Surveying, dated August 31, 2007. Adopted this St'' day of February, 2008. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore; ar>d Mayor Kilgore NAYS: None B. Designation of Authorized Signatories. Council Member Keziah moved to adopt Resolution R-2008-15: RESOLUTION CITY COUNCIL OF MONROE DESIGNATION OF AUTHORIZED SIGNATORIES R-2008-15 WHEREAS, General Statute 159-25(b) of the North Carolina Government Fiscal Control Act specifies that the Finance Officer or properly designated Deputy Finance Officer and another municipal official must sign all checks and drafts issued by a local government; and WHEREAS, the City Council desires that new designations be made with regard to authorized signatories on the City's bank accounts. NOW, THEREFORE, BE IT RESOLVED that the following individuals are hereby designated as authorized signatories for the City's bank accounts effective lebruary 5, 2008: The Honorable Bobby G. Kilgore, Mayor Mr. Craig Meadows, City Manager Mr. Mark F. Donham, Assistant City Manager Mr. Wayne Herron, Assistant City Manager Mr. James R. Fatland, Director of Finance and Administration Adopted this 5`'' day of February, 2008. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None C. Designation of Depositories. Council Member Keziah. moved to adopt Resolution R-2008- 14: Regular City Council Meeting February 5, 2008 Page 32 RESOLUTION ~'`~ CITY COUNCIL OF MONROE DESIGNATION OF DEPOSITORIES R-2008-14 BE IT RESOLVED, that F. Craig Meadows is duly appointed City Manager, and James R. Fatland is duly appointed Director of Finance and Administration (effective February 4, 2008) for the City of Monroe, North Carolina, and are required to give performance surety bonds in the amount of Fifty Thousand ($50,000) dollars each, with good and sufficient surety; BE IT FURTHER RESOLVED that American Community Bank, Bank of America, N.A., Branch Banking & Trust, Suntrust Bank, First Charter National Bank, First-Citizens Bank & Trust Co., Citizens South, RBC Centura, Wachovia Bank, N.A., and North Carolina Capital Management are named as depositories for public funds of said City of Monroe on the terms and conditions as they have heretofore acted as said depository; BE IT FURTHER RESOLVED, that American Community Bank, Bank of America, N.A., Branch Banking & Trust, Suntrust, First Charter National Bank, First-Citizens Bank & Trust Co., Citizens South, RBC Centura, Wachovia Bank, N.A., and North Carolina Capital Management are instructed to honor all checks, drafts, notes or orders drawn against and from said accounts to be signed by said F. Craig Meadows and James R. Fatland, or other properly designated signatory. Adopted this 5`h day of February, 2008. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, B:eziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None D. Designation of Individuals Authorized to Perform Investment Securities Transactions. Council Member Keziah moved to adopt Resolution R-2008-16: RESOLUTION CITY COUNCIL OF MONROE DESIGNATION OF INDIVIDUALS AUTHORIZED TO PERFORM INVESTMENT SECURITIES TRANSACTIONS R-2008-16 WHEREAS, General Statute 159-25(a)(6) of the North Carolina Government Fiscal Control Act specifies that the Finance Officer shall supervise the investment of idle funds of the local government. NOW, THEREFORE, BE IT RESOLVED that the following individuals are authorized by the Monroe City Council to buy, sell, sign, endorse, transfer and enter into investment securities transactions on behalf of the City of Monroe. (`"~ Mr. Craig Meadows, City Manager t ~ Mr. Mark F. Donham, Assistant City Manager Mr. Wayne Herron, Assistant City Manager Regular City Council Meeting February 5, 2008 Page 33 Mr. James R. Fatland, Director of Finance and Administration Adopted this 5"' day of February, 2008. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, l~eziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 5. Budget Amendments. A. Utility Billing Services Representative. Moved to Regular Agenda as Item #10. B. Transfer of Funds for Economic Development Specialist Position. Economic Development and Aviation Director Chris Plate advised by memorandum that this was a request fora $40,000 transfer of funds from the Airport Fund. The $40,000 will be transferred from the funds that were intended for the salary of the Airport Director. Mr. Plate advised that with the reorganization of the City's management team, the City Manager eliminated the Airport Director position and established a new position (Economic Development Specialist) in the Economic Development Department. The City Manager also increased the area of responsibility of the Economic Development Director to include the oversight of the Airport. The funds established m the current Airport budget need to be transferred to the Economic Development's account in order to meet the new salary obligations of the Econorriic Development Department. Staff recommended that Council adopt a Budget Amendment to transfer funds from the Airport Fund into the Economic Development expenditure accounts. Council Member Keziah moved to adopt Budget Amendment BA-2008-06: BUDGET AMENDMENT BA-2008-06 1. Amendment necessary to appropriate funds from the Airport Fund to the General Fund for the new Economic Development Specialist position. General Fund: Revenues: Other Financing Sources (Uses) $40,000 Expenditures: General Government $40,000 Airport Fund: Revenues: Other Financing Sources (Uses) ($40,000) Expenses: Regular City Council Meeting February 5, 2008 Page 34 Airport Operations ($40,000) Adopted this 5th day of February, 2008. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, ]{eziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 6. Call for Public Hearing to be Held February 19, 2008 to Close Out CDBG Housing Development Grant. Council Member Keziah moved to call for a public hearing to be held on February 19, 2008 at 6:30 p.m. to consider this request. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, l~eziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 7. Annual Report of Boards and Commissions. City Manager Craig Meadows advised by memorandum that the Boards and Commissions Policy stated, "Each Board shall submit a written annual report to the City Council outlining their activities for the past year: The report shall be sent to the City Clerk by January 30 for the previous calendar year. " In accordance with this gmdelme, Counc>1 was provided with written reports from the following Boards and Commissions: Board of Adjustment; Community Appearance Commission, Economic Development Commission; Fireman's Relief Fund, Historic District Commission; Airport Commission; Parks and Recreation Advisory Board; and Planning Board. These reports were for information of City Council and no formal action was required. Item No. 8. Contract for Foreign Trade Zone Application for Monroe Corporate Center and Airport Area. Economic Development and Aviation Director Plate advised by memorandum that as part of the negotiations to recruit Turbomeca Manufacturing to Monroe, the City agreed to establish a Foreign Trade Zone designation :in the Monroe Corporate Center. Mr. ~' Plate advised that now was the appropriate time to begin this process. He advised that adding additional land around the airport into the zone would make the area more attractive for foreign investment, which is a primary target for Monroe. Mr. Plate advised that the zone designation would be a modification to the existing zone (#57) in Charlotte to include Monroe. He reported that The Rockefeller Group was a leader in establishing these zones across the United States and haci demonstrated their expertise to the staff. The cost for this project is approximately $50,000, plus a contingency of $20,000 for unforeseen expenses. The monies were set aside in April 2007 as part of the overall incentive package for Turbomeca Manufacturing. Mr. Plate advised that although this was being initiated (~ due to Turbomeca's investment, this action would benefit Monroe in the recruitment of other firms for years to come. Staff recommended that Council approve the contract with The Rockefeller Group for the purpose of establishing a Foreign Trade Zone designation in the Regular City Council Meeting February 5, 2008 Page 35 Monroe Corporate Center-South and surrounding areas for a cost of $50,000 and contingency of -° $20,000. t ' Council Member Keziah moved to approve the contract with The Rockefeller Group for the purpose of establishing a Foreign Trade Zone designation in the Monroe Corporate Center-South and surrounding areas for a cost of $50,000 and contingency of $20.,000. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None !~ Item No. 9. Summary of Contracts Awarded Pursuant to 0-2001-17, Change Orders l Approved Pursuant to R-2000-76, and Authority of City Manager to Settle Certain Claims Pursuant to 0-2004-27. City Manager Meadows advised by memorandum the award of Contracts pursuant to Ordlnance 0-2001-17 (Ordinance Delegating Authority to the City Manager with Respect to Certain Contracts), Change Orders pursuant to Resolution R-2000-76 (Resolution to Delegate Authority to City Manager to Approve Change Orders in the Amount Allowed by N.C. General Statutes), and City Manager Settlement of Claims pursuant to 0-2004-27. The following is a summary of contracts recently awarded under authority of 0-2001-17: (` Date Name Pur ose Amount 1/11/08 Metrolina Glass & Framin Install new windows in Winchester G $18,500 1/16/08 The Enquirer-Journal For calendar year 2008 and based on the $20,000 advertising level for all City departments ad usa e 1/16/08 Moriah, LLC To install sport court flooring at Sutton Park $69,356 G and Winchester G 1/23/08 Millicare Carpet Care To deep clean, restore, fiber protect and *$880 deodorize all carpets in both locker rooms at the Monroe A uatics and Fitness Center *Approved by Department Director The following is a summary of Change Orders pursuant to Resolution R-2000-76: Date Name Pur ose Amount 1/16/08 GS2 Engineering & Env. Consultants Electric Transmission Loop -additional work for rock corin $1,700 There were no Settlement Claims. This item was received as information of Council only and no action was required. REGULAR AGENDA Item No. 10. Utility Billing Services Representative. Assistant City Manager Mark Donham advised by memorandum that as part of the installation of electronic meter reading (ERT) Regular City Council Meeting February 5, 2008 Page 36 devices, the number of positions involved with reading meters and processing the information for billing was reduced from 12 positions to 6.5 positions. This was achieved by: 1) eliminating three Meter Reader positions (title changed to Utility Billing Field Technician), 2) eliminating, by consolidation, two Utility Field Service Technician positions (now Utility Billing Field Technicians), and 3) reducing a full-time Utility Billing Service Representative to part-time. Mr. Donham advised that the installation of the ERTs reduced the number of people having to read meters, but it increased the complexity of evaluating problems with meters and ERTs and the resulting over billing and under billing. This problem is the result of having errors associated with two devices -the ERT and the utility meter.. The Utility Billing Service Representatives have to research issues from varied readings. This requires looking at past usage, temperature variations over comparable periods, similar variance factors related to pressure compensation {~ factors, drive rates, etc. In addition, the number of meters in the City has increased dramatically t ) over the last several years. The work load on the Utility Billing Service Representatives increased at the same time one full time Utility Billing Service Representative position was reduced to part-time. Staff recommended that Council adopt a Budget Amendment reallocating funds from the Energy Services and Water Resources Departments to the Utility Billing Division under the Department of Finance to make the position full-time again. Council Member Jordan stated that when the duties of the Tax Collector and Customer Service area were separated, staff was supposed to have someone come in and evaluate the staffing needs for Customer Service. He stated that before this position was added in Utility Billing Services, he requested that staff revaluate these two departments to see if they could share one person rather than adding one person for a complete department. Council Member Jordan stated that he would prefer this be reviewed in a budget setting. Council Member Smith made a motion to table this matter until the City Manager could be present for discussion. Council Member Jordan seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 11. Resolution of Intent to Abandon a Portion of Secrest Price Road (Continued from January 8. 2008 and January 22. 2008). Without objection, action on this matter was deferred until the February 19, 2008 City Council Meeting. Item No. 12. Petition for Ordinance to Declare Certain Property Unfit for Human Habitation and Demolition at 302 South Washington Street. Planner Lisa Stiwinter stated that during an inspection on October 3, 2007, staff noted multiple violations to include damaged floors, walls, and roof at the vacant house. FlexBuy Homes, LLC, owner, purchased the property with the intent to repair the structure; however, the owner offered the property for sale after a failed attempt to make repairs. Ms. Stiwinter stated that a minimum housing hearing was Regular City Council Meeting February 5, 2008 Page 37 held on October 25, 2007 and the owner did not attend. F1exBuy Homes was given 90 days to make repairs or demolish the dwelling. Ms. Stiwinter reported that the owner failed to do either by the January 26, 2008 deadline. Due to the condition of the structure and the adverse impact it had on the area, staff requested that Council adopt an Ordinance to Declare the Property Unfit for Human Habitation and Demolition. Mr. Butch Allen, owner of Flex Buy Homes, stated that his company did purchase the property in March. He stated that there had been problems with contractors and various other problems that caused the project to be delayed. He advised that the property had to be put on hold in an attempt to resolve issues with the contractor. Mr. Allen stated that when he received the Notice to Repair, he misunderstood the Notice and he was given 90 days. He advised that his biggest complaint was that he was given 90 days to repair the property and almost everyone on Council admitted that there was no way to repair the property in 90 days. Mr. Allen stated that he felt that he was never given a fair chance to repair the property. He stated that he had not started on the property because the last time he appeared before Council, he was under the understanding that no matter what was done to the property it was too late; therefore, he did not see any need to invest anymore money in the property at that point. Mayor Kilgore stated that it was his understanding that City staff had attempted to contact Mr. Allen on several occasions and had also left a message. Mr. Allen stated that he was contacted by staff two days ago to check on the progress of the project. He stated that at the January 22 Council meeting, he advised that he was not going to do any more work because it was made .clear that regardless of what was done, the property would be demolished. Council Member Keziah moved to adopt Ordinance 0-2008-07: ORDINANCE OF THE MONROE CITY COUNCIL TO DECLARE THE PROPERTY OF FLEXBUY HOMES LLC AT 302 SOUTH WASHINGTON STREET, MONROE, NC UNFIT FOR HUMAN HABITATION AND ORDER THE DWELLING REPAIRED OR DEMOLISHED AND REMOVED 0-2008-07 This matter comes before the City Council on the petition of Code Enforcement, for an ordinance finding a structure located on the herein described property unfit for human habitation and ordering the structure repaired or demolished in order to effectuate the purpose of Chapter 160A, Article 19 of the North Carolina General Statues with respect to the property Thereinafter described. Council hereby makes and enters the following FINDINGS OF FACT: 1. The residential dwelling located at 302 South Washington Street, Monroe, North Carolina is owned by F1exBuy Homes, LLC and recorded in Book 4482 page 667, Union Public Registry, and identified as Tax Parcel Number 09-232-157. ~, 2. Based upon complaints received, on October 3, 2007 the City Code Enforcement Official obtained written consent from Lee Defrank, F1exBuy Homers, LLC, on the above vacant dwelling, Regular City Council Meeting February 5, 2008 Page 38 and upon conducting an inspection of the dwelling, observed violations of the Minimum Housing {~ Ordinance which included damaged floors, walls, ceilings, and roof. ` 3. A Minimum Housing Complaint and Notice of Hearing was issued by the Code Enforcement Officer on October 12, 2007 setting a hearing date regarding the dwelling for 2:00 pm on October 25, 2007. 4. The Complaint and Notice of Hearing was sent by certified, return receipt mail on October 12, 2007, 2007 as evidenced by the return receipt. The certified letter was returned unclaimed on November 26, 2007. 5. The Code Enforcement Officer held and conducted the Minimum Housing Code Enforcement Hearing on October 25, 2007 at 2:00 pm at which F1exBuy Homes, LLC failed to attend although duly noticed of said hearing. ` 6. As a result of the hearing, the Code Enforcement Officer made and entered an Order finding said dwelling to be in violation of the Minimum Housing Code, determined the property to be in a dilapidated condition as defined in Section 153.03 of the Monroe Code of Ordinances, and ordered F1exBuy Homes, LLC to repair or demolish and remove the dwelling by January 26, 2008 7. The Order entered by the Code Enforcement Officer was duly served on F1exBuy Homes, LLC by certified, return receipt mail on October 29, 2007 as evidenced by the return receipt. 8. F1exBuy Hones, LLC failed to comply with the order and said property continues to be out of compliance with the Order. 9. The structure located on the property described herein is and continues to be unfit for human habitation and F1exBuy Homes, LLC has been given reasonable opportunity to bring the structure into conformity with the Minimum Housing Code. 10. That the order of the Code Enforcement,Officer, entered on October 25, 2007 ordering F1exBuy Homes, LLC to repair or demolish and remove said structure was not appealed and the time for appeal has expired and is found to be correct and proper and is therefore ratified and incorporated herein by reference. NOW THEREFORE, BE IT ORDAINED THE CODE ENFORCEMENT OFFICER IS HEARBY ORDERED AS FOLLOWS: 1. The Code Enforcement Officer is hereby ordered to cause the above structure located at 302 South Washington Street, Monroe North Carolina, to be demolished and removed and is authorized to utilize all other statutory means of enforcing the order and this ordinance including by not limited to the remedies set out in N.C. G.S. 160A-175 (e) and (f) and N.C.G.S. 160A-443 (4) and (5). 2. That the cost associated with demolition and removal of the structure to effectuate the purpose of this Ordinance shall be a lien against the property as provided in N.C.G.S. 160A-443(6) and filed with the City of Monroe Tax Collector. 3. That all personal property, fixtures, and salvageable materials remaining in the dwelling shall be disposed of and any funds derived therefrom shall be used in conformity with N.C.G.S. 160A- 443(6)c. Regular City Council Meeting February 5, 2008 Page 39 4. This Ordinance shall be recorded in the Office of the Register of Deeds for Union County and indexed in the grantor index under the property owner's name. This Ordinance shall be effective from and after the date of its adoption. Adopted this 5`h day of February, 2008. Mayor Pro Tem Bazemore seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, l~eziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 13. Amendment to Abandoned and Junked 1bIotor Vehicle Ordinance. City Attorney Terry Sllolar advised by memorandum that Section 90.02 of the Monroe Code of Ordinances currently defined a "Junked Motor Vehicle" in conformity with N.C.G.S. §160A- 303.2, which is a vehicle that does not display a current license plate and (1) is partially dismantled or wrecked, or (2) cannot be self propelled, or (3) is more than five years old and worth less than $100. Mr. Sholar advised that at the request of Council, Session Law 2007-505 Section 3 adopted by act of the NC General Assembly authorized the City of Monroe to change Subsection 3 of the definition of a "junked motor vehicle" to be one more than five years old and worth less than $500. The increase in value was necessary due to the increased salvage value of junk vehicles and the difficulty with enforcement due to the increased value. Staff recommended that Council adopt an Ordinance amending the definition of a "junked motor vehicle." Council Member Nash moved to adopt Ordinance 0-2008-06: ORDINANCE AMENDING TITLE IX, CHAPTER 90 OF THE MONROE CODE OF ORDINANCES 0-2008-06 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MONROE THAT TITLE IX, CHAPTER 90 OF THE MONROE ORDINANCES IS HEREBY AMENDED AS FOLLOWS: TEXT AMENDMENT Section 1. Amend Section 90.02(3) to read as follows: JUNKED MOTOR VEHICLE. The teen JUNKED MOTOR VEHICLE shall mean a vehicle that does not display a current license plat: and that: (1) Is partially dismantled or wrecked; or (2) Cannot be self propelled or moved in the mamier in which it originally was intended to move; or Regular City Council Meeting February 5, 2008 Page 40 (3) Is more than five years old and appears to be worth less than five hundred dollars $500.00). Section 2. This Ordinance shall be effective upon adoption. Adopted this 5"' day of February, 2008. Council Member Ashcraft seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 14. Amendment to Notice of Special Citv Council Meeting of February 29. 2008. Council Member Smith made a motion to amend the novice of the February 29, 2008 Special City Council Meeting to change the time to 8:30 a.m. and to amend the purpose to include discussion of Council responsibilities/relationships. Council Member Nash seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 15. Public Comment Period. There were no .speakers during the Public Comment period. There being no further business, the Regular City Council Meeting of February 5, 2008 adjourned at 7:00 p.m. ~ ~ \ Attest: B by G. Ki e, Mayor C~JY'l~Dl~~ ~- ~~17~SO7/1. Bridgette H. Robinson, City Clerk C ' Regular City Council Meeting February 5, 2008 Page 41