05062003959
MINUTES
CITY OF DUNN
DUNN, NORTH CAROLINA
The City Council of the City of Dunn held a Regular Meeting on Tuesday, May 6, 2003, at 7:00 p.m.
in the Dunn Municipal Building. Present was Mayor Abraham Oudeh, Mayor Pro -Tem Michael
Womble, Council Members Toby Sumner, George Robinson, Joey Tart, Donnie Olds and Paul Bass.
Also present was City Manager Michael Uskiewicz, Public Works Director Ronnie Autry, Human
Resources /Safety Officer Moses Gallion, Recreation Director Perry Hudson, Chief Building
Inspector Shane Hudson, City Planner /Code Enforcement Officer Julie Reid, Police Chief Timothy
Benware, Captain Morry Denning, City Engineer Ed Powell, City Attorney P. Tilghman Pope, City
Clerk Debra West, and Daily Record Reporter Lisa Farmer.
INVOCATION
Mayor Oudeh opened the meeting at 7:00 p.m. and asked Toby Sumner to give the invocation. Afterwards,
the pledge of allegiance was repeated.
Mayor Oudeh closed the regular meeting and opened public hearings at 7:01 p.m.
PUBLIC HEARINGS
REZONING REQUEST
DOROTHY T. WARREN, MELROSE T. THORNTON,
CASPER TART, JR. (PIN 1516 -93 -7187)
City Manager Uskiewicz stated that the public has been notified that oral and written comments will be
heard and received concerning the request by Dorothy T. Warren, Melrose T. Thornton and Casper Tart, Jr.
to rezone the property located on the south side of US 42,1, jgst east of Interstate 95. This property is zoned
I -100 Industrial and is requested to be rezoned to,C -'�' Iigh�vay'Eg
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The public hearing was duly advertised on Ap '
. 5, d May 2, 2003 and all pertinent data is
attached under Item VI -1. Z ¢ �f}�"� 't
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Mayor Oudeh asked if there was any comment fr m the lli a X none, he closed the public hearing
in reference to same. �,
DEMOLITION OF HOUSE
1205 N. RAILROAD AVENUE
City Manager Uskiewicz stated that the public has been notified that oral and written comments will be
heard and received concerning the demolition of the dwelling owned by Purcell Gilbert and heirs and
located at 1205 N. Railroad Ave.
The public hearing was duly advertised on April 25, 2003 and May 2, 2003 and all pertinent data is
attached under Item VI -2.
Mayor Oudeh asked if there was any comment from the public. Hearing none, he closed the public hearing
in reference to same.
DEMOLITION OF HOUSE
510 EAST EDGERTON STREET
The public has been notified that oral and written comments will be heard and received concerning the
demolition of the dwelling owned by Augusta and Lena Paz and located at 510 East Edgerton Street.
The public hearing was duly advertised on April 25, 2003 and May 2, 2003 and all pertinent data is
attached under Item VI -3.
Mayor Oudeh asked if there was any comment from the public. Hearing none, he closed the public hearing
in reference to same.
DEMOLITION OF HOUSE
500 EAST JOHNSON STREET
The public has been notified that oral and written comments will be heard and received concerning the
demolition of the dwelling and located at 500 East Johnson Street.
The public hearing was duly advertised on April 25, 2003 and May 2, 2003 and all pertinent data is
attached under Item VI -4.
City Manager Uskiewicz yielded to Building Inspector Shane Hudson to explain some situations with this
property.
Inspector Hudson stepped forward and stated that when the procedure to demolish this property was
started, it was under foreclosure. He added that today he received a letter authorizing the City to demolish
the structure. He further stated that there is now a purchase agreement on the property. He stated that the
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City will provide the labor and equipment and the owner will pay the tipping fees for demolishing the
structure.
Mayor Oudeh asked if there was any more comment from the public. Hearing none, he closed the public
hearing in reference to same.
CODE AMENDMENT
CHAPTER 4, ARTICLE H, SECTION 4 -31
HOUSING CODE
The public has been notified that oral and written comments will be heard and received concerning the
request by the City of Dunn Building Inspector to amend Section 4 -31 Housing Code.
The public hearing was duly advertised on April 17, 2003 and April 24, 2003 and all pertinent data is
attached under Item VI -5.
Manager Uskiewicz stated that this code amendment deals with the situations that were discussed tonight.
He added that the amendment will make it easier and will expedite some of the enforcement processes that
the City is trying to implement.
Mayor Oudeh asked if there was any comment from the public. Hearing none, Mayor Oudeh closed the
public hearing and reconvened the regular Council meeting at 7:06 p.m.
CONSENT ITEMS
Mayor Oudeh asked if there were any consent items that Council wished to pull for further discussion.
The following consent items were considered by Council.
Minutes - Council considered approval of minutes of the April 3, 2003 meeting.
Tax Releases/Refunds- Council considered approval of Tax Releases/Refruds #89 (Tax Releases/Refunds
are on file in the Finance Office)
Budget Amendments- Council considered approval of budget amendments #47 and #50465.
(Attachment #1)
Proclamation - Council considered approval of a Proclamation which designates May 1, 2003 as a National
Day of Prayer. (Attachment #2)
✓ Proclamation- Council considered approval of a Proclamation which proclaims May 1, 2003 as "Leaders of
Tomorrow" Day in the City of Dunn. (Attachment #3)
Resolution - Council considered approval of a Resolution that surpluses four (4) vehicles and authorizes City
Manager Uskiewicz to advertise for sealed bids to sell same. (Attachment #4)
Resolution - Council considered approval of a Resolution that endorses the $24 million construction building
plan for Betsy Johnson Regional Hospital. (Attachment #5)
CSX Supplemental Agreement - Council considered approval of a CSX Supplemental Agreement by and
between CSX and the City of Dunn to amend the original agreement dated July 31, 1978. (Attachment #6)
Appointment - Council considered approval of the Mayor's recommendation to appoint Council Member
Donnie Olds to the Planning Board and Housing Authority Committees.
Motion by Council Member Sumner, seconded by Council Member Tart to approve all consent items.
Motion unanimously approved.
ITEMS FOR DECISION
REZONING REQUEST
DOROTHY WARREN, MELROSE T. THORNTON,
CASPER TART, JR. (PIN 1516 -93 -7187)
A request was received from Dorothy Warren, Melrose T. Thornton and Casper Tart, Jr. to rezone the
property located on the south side of US 421 just east of Interstate 95. This property is zoned I -100
Industrial and is requested to be rezoned to C -3 Highway Commercial.
The Planning Board met on April 22, 2003 and unanimously recommended approval of this request.
Notice of the public hearing was duly advertised on April 25, 2003 and May 2, 2003.
Motion by Council Member Tart, seconded by Council Member Olds to approve the request by Dorothy
Warren, Melrose T. Thornton and Casper Tart, Jr. to rezone the property located on the south side of US
421 just east of Interstate 95 from I -100 (Industrial) to C -3 (Highway Commercial). Motion unanimously
approved.
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DEMOLITION OF HOUSE
1205 NORTH RAILROAD AVE.
Manager Uskiewicz stated that before Council tonight is a demolition of a structure located at 1205 North
Railroad Avenue. He added that Building Inspector Hudson was present should Council have any
comments or questions with regards to the demolition of this structure.
Motion by Council Member Olds, seconded by Council Member Sumner to approve the ordinance
directing the Building Inspector to remove or demolish the structure at 1205 North Railroad Avenue.
Motion unanimously approved. (Attachment #7)
Mayor Oudeh asked if there were any questions from the Council
Council Member Bass asked Manager Uskiewicz if the City is tearing down these structures at the City's
expense. Manager Uskiewicz responded that the City has not been consistent and this is something the
City needs to address.
Council Member Bass stated that the City needs to be consistent. Manager Uskiewicz agreed. He stated
that the City works on a case -by -case basis.
City Attorney Pope stated that by statute, the cost of removal, as well as tipping fees, are a lien against the
property.
Mayor Oudeh asked how much are the tipping fees. Manager Uskiewicz yielded to Public Works Director
Ronnie Autry to respond. Mr. Autry stated that the tipping fees vary and are determined by weight.
Mayor Oudeh asked how does the City handle asbestos removal. Manager Uskiewicz responded that the
City does not remove asbestos but is handled separately by the property owner.
More discussion was held concerning the City time required in removing the structures and the need for the
City to be consistent in demolishing the property.
DEMOLITION OF HOUSE
510 EAST EDGERTON STREET
Manager Uskiewicz stated that before Council toraght is a demolition of a structure located at 510 East
Edgerton Street. He added that this structure has been torn down, however, the City is trying to enforce the
cleanup. He further stated that this property cleanup was initiated before and the City received partial
compliance but they want to get this property cleared up now.
Motion by Council Member Robinson, seconded by Council Member Olds to approve the ordinance
directing the Building Inspector to remove or denmlish the structure at 510 East Edgerton Street. Motion
unanimously approved. (Attachment 48)
DEMOLITION OF HOUSE
500 EAST JOHNSON STREET
Manager Uskiewicz stated that the Council will not need to act upon this agenda item.
CODE AMENDMENT
CHAPTER 4, ARTICLE II, SECTION 4 -31
HOUSING CODE
Attached Council will find proposed code amendments to Chapter 4, Article II, Section 4 -31, Housing
Code.
The public hearing was duly advertised on April 17, 2003 and April 24, 2003.
Manager Uskiewicz deferred this agenda item to City Attorney Pope and Building Inspector Hudson.
Mayor Oudeh asked Inspector Hudson to step forward for questions from the Council.
Mayor Pro -Tem Womble asked Mr. Hudson to explain the proposed changes to the code.
Mr. Hudson stated that the old model housing code is from 1978 and was a one time code that an
organization with the state established for cities at a time when minimum housing first began. He added
that the minimum housing code addressed issues such as heating, electrical, etc. He further stated that the
building codes have changed dramatically since 1978, yet the City is still using the minimum housing code
from 1978.
Mr. Hudson stated that most cities adopt their own housing code to fit into their ordinance and to meet the
needs of their particular city. He added that the proposed code is written with more detail and is better
understood by those who read it. He further stated that City Attorney Pope has reviewed the code
amendment.
Mr. Hudson stated that the proposed code amendment basically states what a house must have to be
occupied such as heat, bathroom, number of people allowed to live in the same residence, etc. He added
that the proposed code gives the City more enforcement power to make landlords repair their properties and
addresses the issue of abandoned buildings.
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Further discussion was held with Mr. Hudson explaining to the Council the proposed code amendment.
The Council had discussion about other unsightly areas of the City.
Council Member Sumner asked City Attorney Pope if there are any big cost from this code amendment.
City Attorney Pope responded that there should not be any additional cost. He stated that under the City's
present code structure, there is an approximate three sentence code section that addresses minimum housing
and basically all that it does is apply the model housing code, which refers back to the General Statutes. He
added that the proposed code amendment spells out what the statutes allow the City to do and gives more
instruction on how it can be enforced. He further stated that the proposed code amendment should not
require any additional cost over the present procedure being used now.
Attorney Pope stated that he has reviewed the proposed code amendment in detail and the statute references
in the amendment are all very consistent and appears to be very uniform to other area cities of similar size.
Motion by Council Member Tart, seconded by Council Member Robinson to approve the Code
Amendment to the City of Dunn Code of Ordinances Chapter 4, Article II, Section 4 -31, Housing Code as
presented. Motion unanimously approved. (See Code Amendment in Ordinance Book on file in the
Clerk's Office)
SET BUDGET WORK
SESSION DATES
Manager Uskiewicz asked Council to propose some budget work session dates. He stated that he has
proposed Monday, May 12, 2003 at 6:00 p.m.
Council Member Bass asked if the work sessions could be held prior to May 16' because he will be gone
from May 16' through June 8' for summer camp.
Motion by Council Member Tart, seconded by Council Member Robinson to schedule a budget work
session for Monday, May 12, 2003 at 6:00 p.m. Motion unanimously approved.
Mayor Oudeh asked if Council had any more comments.
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Council Member Bass asked Council if the June Council Meeting dateecould be changed to June
Council consensus was to reschedule the June meeting date. F
Motion by Council Member Bass, seconded by Council Member Tart tgreschedule the June Council
meeting from June 5, 2003 to June 12, 2003 at 7:00 p.m. Motion unanimously.approved.
INFORMATION
Council Member Olds asked Manager Uskiewicz if the City will have any representatives for the
Legislative Day on Town Hall Day on May 21 ". Manager Uskiewicz responded that at this point and time,
the only two people who have signed up are himself and Planner Julie Reid. He stated that he welcomed
anyone else that would like to attend.
Council Member Bass stated that there is a problem at Tart Park. He added that he has received complaints
from the neighbors about people going through their yards late at night urinating on their houses. He
further stated that these citizens live on Jackson Street and Washington Avenue. He stated that some of the
elderly ladies are afraid to stay in their homes.
Mayor Oudeh stated that he received a call about the same situation and he along with the Manager will be
going out to the area to check it out. Manager Uskiewicz asked Police Chief Benware to investigate also.
Mayor Pro -Tem Womble stated that he received another telephone call about some flooding just east of
Ellis Avenue and West Edgerton area.
Manager Uskiewicz stated that he received a call today about the flooding. He added that Council will see
that this was addressed in their budget message and it is something he would like to talk about doing in this
budget year.
Mayor Pro-Tern Womble stated that an additional area that was talked about three (3) years ago included
the run -off from the Roses and Dunn Benson Ford area, whereby it drains into a ditch between Divine and
Pearsall Streets. He added that he along with Public Works Director Ronnie Autry and City Engineer Ed
Powell spent some time on this three years ago. He further stated that the Council briefly discussed it, but
nothing was ever done. He stated that he would like the Council to discuss this issue again.
Manager Uskiewicz reminded the Council of the next Harnett Local Government Association meeting,
which will be held on May 27 at 6:30 p.m. in the Liflington Community Building located at 406 West
Front Street. He added that Lillington is asking for a head count from the City and to please let him know
if any of the Council plans to attend.
Council Member Tart stated that he is concerned about organizations collecting money on Highway 421.
He added that the people collecting money in this area are from out of state and the City does not have any
rules in place to prevent this. He further stated that he would like to look at this issue and ways to handle it.
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Manager Uskiewicz stated that he has turned some information over to the City Attorney about this issue
along with a model ordinance that another community enacted. He added that if it is Council consensus,
they can look at presenting this to the Council for consideration.
Mayor Oudeh suggested passing some sort of resolution whereby anyone that wanted to collect funds
inside the City Limits should have permission from the City Council.
Council Member Tart stated that they did not want to prevent the local fire and rescue departments from
collecting funds, but there should be guidelines to prevent any organization from coming in on a Saturday
collecting funds.
City Attorney Pope stated that he is reviewing the information given to him by Manager Uskiewicz and he
will prepare a code amendment for the Council to consider.
Mayor Oudeh asked Council if there was any more comments.
With no further discussion, the following burial rights were executed:
1. Belinda Eason and her heirs, Block 13, Lot 46, Spaces 1 -4, Resthaven Cemetery.
2. Helen Blue and her heirs, Block 2, Lot 59, Spaces 1 -4, Resthaven Cemetery.
3. Morris Frank Blackmon and his heirs, Block 11, Lot 67, Space 3, Resthaven Cemetery.
4. Mary Buckner and her heirs, Block 13, Lot 39, Space 8, Resthaven Cemetery.
5. Linda R. Dawson and her heirs, Block 11, Lot 11, Spaces 1 -4, Resthaven Cemetery.
6. Sarah Amerson Williams and her heirs, Block 13, Lot 29, Spaces 5 -8, Resthaven Cemetery.
7. Nathaniel McAllister and his heirs, Block 15, Lot 57, Spaces 1 -4, Resthaven Cemetery.
8. Annie Johnson and her heirs, Block 11, Lot 4, Space 1 -2, Resthaven Cemetery.
9. Cromartie- Miller -Lee Funeral Home and their heirs, Block AA, Lot 14, Spaces 1 -4, Greenwood
Cemetery.
With no further busie to discuss, the meeting was adjourned at 7:30 p.m.
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Mayor
Attest: I''SEA4
Debra G. West
City Clerk