07102003am
MINUTES
CITY OF DUNN
DUNN, NORTH CAROLINA
The City Council of the City of Dunn held a Regular Meeting on Thursday, July 10, 2003, at 7:00
p.m. in the Dunn Municipal Building. Present was Mayor Abraham Oudeh, Council Members
George Robinson, Joey Tart, Donnie Olds and Paul Bass. Also present was City Manager Michael
Uskiewicz, Human Resources /Safety Officer Moses Gallion, Building Inspector Shane Hudson, City
Planner /Code Enforcement Officer Julie Reid, Recreation Director Perry Hudson, Police Chief
Timothy Benware, Captain Morry Denning, Captain Ronnie Radcliffe, Fire Chief Austin Tew,
Finance Director Renee' Daughtry, City Accountant Debbie Williams, City Engineer Ed Powell, City
Attorney P. Tilghman Pope, City Clerk Debra West, and Daily Record Reporter Lisa Farmer.
Mayor Pro -Tem Womble and Council Member Toby Sumner were absent, out of. town.
• ,510'
Mayor Oudeh opened the meeting at 7:00 p.m. and asked Paul Bass to give the inuacation. Afterwards, the
pledge of allegiance was repeated.
PRESENTATION
Mayor Oudeh presented a check in the amount of $1,000.00 to the NC Fall en`h'ktsftgh*is Foundation to
help build a memorial to honor 111 firefighter that gave their life for their community and state.
Representatives from the NC Fallen Firefighters Foundation presented a plaque to Fire Chief Austin Tow
and another plaque to display in City Hall.
Mayor Oudeh closed the regular meeting and opened public hearings at 7:03 p.m.
PUBLIC HEARINGS
CODE AMENDMENT
CHAPTER 2, ARTICLE IV,
DIVISION 2, SECTIONS 2 -108 AND 2 -109
City Manager Uskiewicz stated that the public has been notified that the City Council of the City of Dunn
will hold a public hearing for the purpose of receiving public comment concerning the request by the City
of Dunn Planning Department to amend the City of Dunn Code of Ordinances, Chapter 2, Article IV,
Division 2 (Planning Board), Sections 2 -108 and 2 -109. o
The public hearing was duly advertised on June 26, 2003 and July 3, 2003 and all pertinent data is attached
under Item VI -1.
Mayor Oudeh asked if there was any comment from the public.
Dunn citizen Billy Barfield stepped forward. He stated that this code amendment would reduce the number
of representation from the ETJ (extraterritorial jurisdiction) and presently there are three members serving
the ETJ area. He added that the City of Dunn Planning Board governs up to one mile outside of the City
Limits. He further stated that this amendment would reduce the number of ETJ representation to one
member. He stated that with the present representation, it gives the ETJ area a voice in what happens and it
is wrong to reduce the size of the ETJ members. He added that it should remain with the present three ETJ
representation.
Mayor Oudeh asked if there was any more comment from the public. Hearing none, he closed the public
hearing in reference to same.
REZONING REQUEST
1111 SOUTH CLINTON AVENUE
The public has been notified that oral and written comments will be heard and received concerning the
request by Robert and Lester Phillips to rezone the property at 1111 South Clinton Avenue. This properly
is zoned I -10 Restricted Industrial District and is requested to be rezoned to I -100 Industrial District.
The public hearing was duly advertised on June 27, 2003 and July 3, 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.
CONDITIONAL USE PERMIT
1111 SOUTH CLINTON AVENUE
The public has been notified that oral and written comments will be heard and received concerning the
request by Robert and Lester Phillips for a conditional use permit within a I -100 Industrial Zoning
Classification. This request is to allow a daycare facility at 1111 South Clinton Avenue.
The public hearing was duly advertised on June 27, 2003 and July 3, 2003 and all pertinent data is attached
under Item VI -3.
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 7:05 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 June 9, 2003 Special Call Budget Work Session
meeting.
i Minutes- Council considered approval of minutes of the June 12, 2003 meeting.
Recreation Department Mower Bids - Council considered approval to award a tractor /mower bid received
from Carver Equipment Company in the amount of $7,000.00. (Attachment #1)
Budget Amendments - Council considered approval of budget amendment #1.
(Attachment #2)
Motion by Council Member Tart, seconded by Council Member Robinson to approve all consent items.
Motion unanimously approved.
ITEMS FOR DECISION
CODE AMENDMENT
CHAPTER 2, ARTICLE IV,
DIVISION 2, SECTIONS 2 -108 AND 2 -109
Council will find proposed code amendments to the City of Dunn Code of Ordinances:
Chapter 2 Administration
Article IV Boards, Commissions, and Committees
Division 2 Planning Board
Section 2 -108 Composition; terms of members; vacancies; attendance at meetings
Section 2 -109 Organization; rules; records; meetings; quonmr
Notice of the public hearing was duly advertised on June 26, 2003 and July 3, 2003.
Council Member Bass stated that the Council needs more time to study this amendment. Council Member
Robinson agreed.
Council Member Olds stated that if they cut the ETJ (extraterritorial jurisdiction) down to one member, it
will cut down on the voice of the citizens living in the ETJ area. Mr. Olds asked why this code amendment
was being proposed.
Mr. Uskiewicz asked City Planner Julie Reid to step forward. Mrs. Reid stated that since she was not here
when the representation was established for the Planning Board, she does not know the basis for having
three (3) ETJ members. She added that State Statutes read that representation shall be provided by
appointing at least one residence of the entire ETJ zoning and regulation area to the planning agency. She
further stated that an additional member must be appointed to the planning agency of the board of the entire
ETJ when the population of the entire ETJ area constitutes a full fraction of the municipalities population
divided by the total membership of the planning agency. She stated that the amendment being proposed
mirrors the wording of the State Statute.
Mrs. Reid stated that by State Statute, at least one member is required to represent the ETJ area and a
second one is required when the population reaches a certain number in the ETJ area. She gave the
following example for calculating whether or not more members are required for the ETJ:
Dunn's Population @ 10,000 divided by seven (7) member Planning Board = approximately 1400 people
(when the ETJ area exceeds 1400 people, then a second planning board member is required to represent the
ETJ). She added that the wording in the proposed amendment enables the City to have one (1) member of
the ETJ and a second one if the population of the ETJ warrants it. She further stated that she is not aware
of anywhere else in the State that has more than two ETJ members.
' Mrs. Reid explained that equal representation would not be half and half if, for example, you have 10,000
people inside the City Limits and 2,000 people in the ETJ area. She added that she is still trying to
determine the population of the ETJ based on the most recent census figures. She farther stated that
currently, there are two vacancies on the Planning Board ETJ and she has not recommended filling the
final vacancy until it is determined by population, whether or not to fill it with an ETJ member.
Mrs. Reid stated that this amendment is being proposed to keep the City in line with State Statutes and to
keep the representation proportional to the populations represented.
Council Member Tart asked Ms. Reid if she knew what the ETJ population was on the last census. Mrs.
Reid responded she is currently working on these figures and could not find any record where anybody had
ever made that determination previously.
987
Council Member Olds stated that the current make -up of the Planning Board includes four (4) In Town
members and three (3) ETJ members. He asked Mrs. Reid if there was a problem with the current board
make -up. Mrs. Reid responded that she did not know if she could make a determination that it is illegal,
noting that the City attorney would have to look into that issue. Mrs. Reid stated that the State Statutes
purpose is to make sure the representation is proportional to the citizens represented.
Mrs. Reid stated that her estimation of the ETJ population is 1200 people.
Council Member Bass asked City Attorney Pope if the City is in violation with the current make -up of the
Planning Board.
Attorney Pope responded that the State Statute gives the flexibility to have more representation from the
ETJ than is required, adding that it is up to the discretion of the Council in adopting code amendments, so
long as the City meets the minimum requirements of what the State Statutes require, which the City is
currently meeting. He added that he understood Mrs. Reid's point of proportionality.
Council Member Tart stated that if there is only 1200 people in the ETJ, then it does seem disproportionate
to have three members representing those 1200 people. He added that the in -town residents would seem to
be more attentive to the needs going on within the City Limits and this population needs the most
representation.
Mrs. Reid stated that in the past, there have been problems with getting citizens from the ETJ to serve on
the boards due to the small population of this area. She added that the majority of the cases heard by the
Planning Board are in -town cases.
Council Member Bass stated that he agreed with Council Member Robinson that if it isn't broke, don't fix
it.
Council Member Tart stated that it may be broke if the Planning Board is divided with three (3) members
representing 1200 people.
Manager Uskiewicz stated that it is broke in the fact that the Planning Board is becoming a lot more active.
He added there is a problem getting people to fill these boards, adding that they have had minimal
quorums. He asked the Council to table this issue to give it more thought and review the Planning Board
meetings to see that three (3) people are making decisions.
Council Member Tart asked for documentation of the individuals that have been attending the meetings and
those that have not, broken down with the in -town members and the ETJ members.
Motion by Council Member Tart, seconded by Council Member Bass to table this issue until the next
Council meeting. Motion unanimously approved.
REZONING REQUEST
1111 SOUTH CLINTON AVE.
(PIN 1516 -43 -8569)
City Manager Uskiewicz stated that a request was received from Robert and Lester Phillips to rezone the
property at 1111 South Clinton Avenue, which is located on the east side of Clinton Avenue just north of
the Dunn Post Office. This property is zoned I -10 Restricted Industrial District and is requested to be
rezoned to I -100 Industrial District.
He added that the Planning Board met on July 8, 2003 and recommended approval of the rezoning request.
Notice of the public hearing was duly advertised on June 27, 2003 and July 3, 2003.
Motion by Council Member Bass, seconded by Council Member Olds to approve the rezoning request for
1111 South Clinton Avenue from 1 -10 Restricted Industrial District to I -100 Industrial District. Motion
unanimously approved.
CONDITIONAL USE PERMIT
1111 SOUTH CLINTON AVE.
(PIN 1516 -43 -8569
City Manager Uskiewicz stated that a request was received from Robert and Lester Phillips for a
conditional use permit within a I -100 Industrial Zoning Classification. This request is to allow a daycare
facility at 1111 South Clinton Avenue.
The Planning Board met on July 8, 2003 and recommended approval of the request, stating that the findings
are as required in Section 22 -485 (b) of the Zoning Ordinance and with a condition that all state licensing,
local licensing, building code and permits be obtained or met.
Notice of the public hearing was duly advertised on June 27, 2003 and July 3, 2003.
City Attorney Pope advised Council on the motions that need to be made with regard to issuing the
conditional use permit.
Motion by Council Member Robinson, seconded by Council Member Tart that the specific requirements of
Articles II, HI, IV, and VI of Chapter 22 of the Code of Ordinances have been meet. Motion unanimously
approved.
988
Motion by Council Member Robinson, seconded by Council Member Bass that the Council has given due
regard to the nature and state of all adjacent structures and uses, within the district where the district is
located and plans for future development. Motion unanimously approved.
Motion by Council Member Tart, seconded by Council Member Bass to approve the request for a
conditional use permit to allow a daycare facility at 1111 S. Clinton Avenue, stipulating that the findings
are as required in Section 22 -485 (b) of the Zoning Ordinance and with a condition that all state licensing,
local licensing, building code and permits be obtained or met. Motion unanimously approved.
BOARD APPOINTMENT
Manager Uskiewicz stated that with the action of tabling the code amendment concerning the Planning
Board, there is only one appointment before the Council tonight, which is an appointment to the Library
Board.
Motion by Council Member Robinson, seconded by Council Member Bass to make the following
appointment to the Library Board. Motion unanimously approved.
Grace M. Watts -311 -A North Clinton Avenue -Dunn
CONSIDERATION OF
RETIREES' PENSION POLICY
Term Begins Term Ends
July 10, 2003 June 30, 2006
Manager Uskiewicz stated that this employee benefit was discussed during the budget workshops.
He added that based on the City's insurance, the personnel policy was adjusted on October 3, 2002 to allow
the City to pay up to $380.00 for health insurance premiums of retirees with more than twenty -five years of
service and in order to follow the policy, this dollar amount would have to be raised to $470.00.
Council Member Robinson stated that the City should not cut the retirees' insurance
Motion by Council Member Bass, seconded by Council Member Robinson to increase the limit of
insurance premiums paid by the City of Dunn to $470.00 per month for pre -65 and post -65 employees who
retire with twenty -five or more years of service with the City. Motion unanimously approved.
APPROVAL OF
WEBSITE DESIGN
CONTRACT
Manager Uskiewicz stated that he needed the Council's concurrence on adopting a website design contract
which cleans up some internet services that were taken out May, 2002. He added that he needs this
contract adopted so that the City will own their website and they can do with it as they please.
Council Member Olds asked Mr. Uskiewicz if a reasonable amount had been billed to the City for services
rendered. Mr. Uskiewicz responded that there were a number of things that were not done, but they have
now been accomplished. He added that in order for the City to purchase their website and house it in a
different location, the City must own it or they will have to start all over again.
Council Member Bass asked Mr. Uskiewicz shouldn't this bill have been approved before the money was
spent. Mr. Uskiewicz responded that it was done by a former employee.
Council Member Tart asked Mr. Uskiewicz what would happen if they started the website from scratch
again. Mr. Uskiewicz responded they would have to spend the money all over again.
Mayor Oudeh asked Mr. Uskiewicz how much money is he talking about. He responded $3,920.00.
Discussion was held about starting the website over again and the cost involved.
Council Member Bass suggested tabling this issue until they know a price.
Mr. Uskiewicz stated that it is a timing issue and they are trying to get out of having internet services with
this company and if it is tabled, he must enter into another month's contract.
Council Member Bass questioned Mr. Uskiewicz about the cost to start a new website.
Mr. Uskiewicz explained that the current website has a lot of technology and items put into place that were
requested. He added that the current website is very good, adding the City could probably get a standard
one page website for $500.00, but questioned if this is what the Council wants to represent the City.
Council Member Robinson asked Mr. Uskiewicz what is the monthly cost through the current company.
Mr. Uskiewicz responded $830.00.
Council Member Tart asked Mr. Uskiewicz what will the City owe the County should the service be
changed.
989
Mr. Uskiewicz responded that for a complete software and maintenance package comparable to Dockpoint
as well as housing the City's website, provide internet services, consulting and maintenance, the County
will charge $8,000.00 per year.
Motion by Council Member Tart, seconded by Council Member Olds to approve the website contract.
Motion defeated 3 -2.
Ayes
Noes
Tart
Bass
Olds
Robinson
Oudeh
STREET CLOSING
NORTH CLINTON AVENUE CHURCH,
Manager Uskiewicz stated that he received a call today from North Clinton Baptist Church asking
permission to close one block of Carr Street beside the church from 9:00 a.m. until 4:00 p.m. on Saturday,
July 19, 2003 for Vacation Bible School.
Motion by Council Member Robinson, seconded by Council Member Olds to approve the closing of Carr
Street beside North Clinton Baptist Church on Saturday, July 19, 2003 from 9:00 am until 4:00 pm.
Motion unanimously approved.
ITEMS FOR DISCUSSION
COLLECTING DONATIONS
POLICY
Manager Uskiewicz deferred this agenda topic to City Attorney P. Tilghman Pope. Mr. Pope stated that at
the last Council meeting, Council Member Tart asked that they look into adopting a charitable solicitation
control policy. He added that enclosed in the agenda package is a policy in place in Matthews, NC. He
further stated that he has reviewed this policy and has enclosed a memorandum from him in the agenda
package that points out particular areas that the Council will need to give consideration to.
Mr. Pope asked that the Council give him some feedback about areas of concern with this particular code or
changes they may wish to make so that a final draft can be presented at the August meeting for
consideration by the Council to adopt to the Code. He added that the main intent of the Code is to make
sure that they know who is out on the streets and sidewalks soliciting money from our citizens.
Mr. Pope stated that this code provision would provide that an organization supply information about w 1
themselves in advance before obtaining a permit to solicit money. He added that it also places control with
solicitors standing in the middle of the streets, creating a safety hazard collecting money. Mr. Pope asked
for Council's direction in preparing this code provision. The following concerns were discussed by the
Council for feedback to Attorney Pope:
• Control the organizations allowed to solicit
• Hazardous to stop and collect money in the street
• Use vacant parking lots for solicitation instead of streets
• Need to know the name of the organization and their purpose for soliciting
• Permit should be required
• Limits on organizations within our own town
• Application should be submitted 30 days in advance of receiving a permit
• Charge a small fee for the permit
• City Manager and Police Chief approve permit
• To disclose where the donations are going, as well as a sign displaying the name of the
Organization
• In case of a catastrophe with an immediate need, 30 day notice would be waived
With above suggestions, Attorney Pope will bring forth a code provision at the August meeting.
EXECUTIVE SESSION
Motion by Council Member Bass, seconded by Council Member Tart to go into Closed Session
pursuant to N.C.G.S. 143 - 318.11 to discuss matters related to the location of industry and other
business in the area served by the City of Dunn at 7:40 p.m.
Closed Session
No action was taken during the Closed Session. By unanimous consent, the Closed Session
adjourned at 7:54 p.m.
Motion by Council Member Olds, seconded by Council Member Bass to approve the minutes taken
by Attorney P. Tilghman Pope of the July 10, 2003 Closed Session. Motion unanimously approved.
Mayor Oudeh reconvened the regular Council meeting at 7:56 p.m.
990
INFORMATION
Council Member Robinson asked Manager Uskiewicz and Mayor Oudeh what they plan to do about
speeding on East Pearsall Street and patrolling the area. Council Member Bass had the same concern with
his street. Mayor Oudeh advised Mr. Robinson to talk to the Police Chief about his concern. Mr.
Uskiewicz advised Mr. Robinson that he would pass this information to the Police Chief.
Council Member Olds asked what steps a citizen would need to take in order to get speed bumps installed
within a housing development. Mr. Uskiewicz advised Mr. Olds to have the citizen contact him.
Manager Uskiewicz announced that the next Council meeting will be held on August 7, 2003 at 7:00 p.m
Council Member Bass voiced concern about the government channel still being down.
/ With no further discussion, the following burial rights were executed:
1. Elizabeth Malloy and her heirs, Block 4, Lot 22, Space 2, Resthaven Cemetery.
2. Dafford Funeral Home and their heirs, Block 15, Lot 10, Space 4, Resthaven Cemetery.
3. Monalisa Flanagan and her heirs, Block 11, Lot 1, Space 4, Resthaven Cemetery.
4. Hazel McBryde and her heirs, Block 11, Lot 68, Space 3, Resthaven Cemetery.
5. Rev. James Leggett and his heirs, Block 11, Lot 40, Space 7, Resthaven Cemetery,
6. Betty Hollins and her heirs, Block 13, Lot 58, Space 1, Resthaven Cemetery.
7. Dafford Funeral Home and their heirs, Block 4, Lot 63, Space 7, Resthaven Cemetery.
8. Leonard Thompson and his heirs, Block 13, Lot 57, Spaces 1 -4, Resthaven Cemetery.
With no further business to discuss, the meeting was adjourned at 8:00 p.m.
o5y op
GpRPOIgq ' : r a
�•� ��. t _ Mayor
AL
Attest: (( ''•. Q
�IQ LJ, 111 Tly RO�;.�•',`�
Debra G. West
City Clerk
'� i