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08072003991 MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Regular Meeting on Thursday, August 7, 2003, at 7:00 p.m. in the Dunn Municipal Building. Present was Mayor Abraham Oudeh, Mayor Pro -Tern Michael Womble, Council Members George Robinson, Joey Tart, Toby Sumner, 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, Fire Chief Austin Tew, 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 George Robinson to give the invocation. Aftenvards, the pledge of allegiance was repeated. PRESENTATION Al Taylor, CEO of Betsy Johnson Regional Hospital gave a slide presentation updating the Council on the hospital's medical services. He reported that Betsy Johnson currently employs five hundred (500) with a payroll of over 20 million dollars. He also noted that the hospital paid the City of Dunn two hundred eighty three (283) thousand dollars last year, as part of the agreement to transfer from a City owned to a not -for- profit facility in 1996, adding that is more money than Betsy Johnson would have paid should they have been a for -profit hospital. Mr. Taylor stated that construction to expand the abouf'tp begin, adding 68,000 square feet of new space and 34,000 square feet of renovated'spa e ; ' fofaling ov'r 00,000 square feet of space, which is virtually a new hospital. He added that withthis`pto' e) 11 be an investment of over 31.5 million dollars. He further stated that new jobs will be dgv`eloped pyioll will increase as well as continued support of the City. - Mr. Taylor stated that Betsy Johnson Regional; Hospital provides dollars in charity care for the people throughout the community. He reported(on charitable missions sponsored by the hospital, including the annual children's health fau'•,,,, i 0,, ,. Mr. Taylor stated that Betsy Johnson wants to remain not - for - profit, adding that they want to have a facility that is under local control by people in the community. He added that as they expand their facility, money e will be reinvested into the health of the community. In referring to the proposed construction of Good Hope Hospital in Lillington, Mr. Taylor stated that there is not an adequate population base for two (2) strong regional hospitals in the community. He added that the state has indicated there is not a need for additional beds in the community. Mr. Taylor pointed out that if an ambulance picks up a patient in Broadway, they will take that patient to Sanford, even if there is a hospital in Lillington. Mr. Taylor stated that additional duplication of services creates additional costs to the taxpayers. He added that Betsy Johnson Hospital's ability to grow and provide the services that are offered in the larger communities are being hindered by duplication of services. He further stated that Betsy Johnson is one of the lowest cost providers in the area, adding that costs increase with for -profit hospitals. He stated that they are concerned about Good Hope Hospital taking in charity care and if Betsy Johnson can afford to take what is left. Mr. Taylor stated that this community could have one (1) great hospital instead of two (2) good hospitals. He thanked the City for their support and for the opportunity in allowing him to give this update. Mayor Oudeh closed the regular meeting and opened public hearings at 7:15 p.m. PUBLIC HEARINGS CODE ADDITION CHARITABLE SOLICITATION CHAPTER 11, ARTICLE IX 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 to add to Chapter 11 (Licenses and Business Regulations) of the City of Dunn Code of Ordinances, an article IX entitled Charitable Solicitation Control Regulations. The public hearing was duly advertised on July 24, 2003 and July 31, 2003 and all pertinent data is attached under Item VI -1. Mayor Oudeh asked if there was any comment from the public. Manager Uskiewicz stated that he had been approached about the section dealing with "no permittee shall distribute candy, gum or other food snacks or any food product, and shall not pin, tie or attach any flower or their symbol, insignia or article on the clothing, or vehicle or passengers or other persons within the 992 Public rights -of- way ". He added that the concern comes from the veterans and their poppy flowers and also from the Knights of Columbus and their tootsie rolls. Mayor Oudeh stated that the veterans should not be prevented from distributing their product. Discussion was held to exclude veterans as well as other service groups from this particular section In response, Attorney Pope stated that they cannot single out organizations and the rules must be equitable for all organizations regardless of their purpose or profession. Police Chief Timothy Benware stepped forward. He stated that his interpretation of this section of the ordinance does not say that gum, candy, foods and snacks cannot be given away, but rather that it cannot be done in the right -of -way. He added that under this ordinance, it would be permissible off the right -of way. He further stated that by keeping it out of the right -of -way it provides for the safety of the individuals. Council Member Bass asked Chief Benware if the sidewalks are considered public rights -of -way. Mr. Benware responded that generally most sidewalks are in the right -of -way, but there may be situations where it is not. Chief Benware stated that his concern with this ordinance involved the photo identification under the application process. He. added the photo I.D. could result in a significant expense as well as a time consuming process by taking a picture of everyone to display on a badge. He further stated that it would be just as appropriate to get proper identification from both the individual, the organization and a date for when that permit is issued. He stated that if an organization was collecting over a period of time with forty to fifty participants, it could be very time consuming for the City to issue everyone a badge. Mayor Oudeh asked if there was any more comment from the public. Dunn citizen Joy Williams stepped forward. She suggested that an organization be required to register with the City if they are from out of town. Mayor Oudeh responded to Ms. Williams that would also be discrimination. Mrs. Williams suggested that the ordinance make it unlawful to solicit in the right -of -way, or a fine would be imposed. Mayor Oudeh responded they are concerned about the safety of individuals soliciting in the streets. Dunn citizen Linda James stepped forward. She questioned if it is legal for out -of -state organizations to collect money in the City. She added that she has observed individuals from out -of -state collecting money in the City. She further stated that if the veterans are denied the ability to collect poppy donations, it will hurt them. Mayor Oudeh asked if there was any more comment from the public. Hearing none, he closed the public hearing in reference to same. 2003 LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS Manager Uskiewicz stated that the public has been notified that oral and written comments would be heard and received concerning the allocation of Local Law Enforcement Block Grant Funds from the U.S. Department of Justice. He added that the public hearing was duly advertised on July 24, 2003 and July 31, 2003 and all pertinent data is attached under Item VI -2. Mayor Oudeh asked if there was any comment from the public. Police Chief Benware stepped forward. He stated that he just received information today advising him that the local award for the City of Dunn is $16,818.00 with a City match of $1,869.00. He added that this amount is considerably less than what they expected. He further stated they were advised that they would get a 24% cut, but this cut is greater than 50 %. Mayor Oudeh asked if there was any more comment from the public. Hearing none, Mayor Oudeh closed the public hearing and reconvened the regular Council meeting at 7:26 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 July 10, 2003 meeting. Dockpoint Website Invoice - Council considered approval of the City of Dunn's website invoice with Dockpoint Internet Services in the amount of $3,920.00. 993 Finance Department - Destruction of Records - Council considered approval of disposing attached records submitted by the Finance Department. (Attachment # 1) Fire - Mutual Aid Resolution- Council considered approval of a resolution adopting a policy for mutual aid assistance with other municipal and county fire departments. (Attachment #2) Solid Waste Plan- Council considered approval of an updated ten -year Solid Waste Management Plan to provide for the management of solid waste. Tax Releases/Refunds- Council considered approval of Tax Releases/Refunds #1 Motion by Council Member Bass, 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 Manager Uskiewicz stated that this agenda item was presented at the July meeting and was tabled until tonight's meeting. He added that information was requested of staff, which should have been received. He further stated that the Planning Board adopted the proposed changes. Mr. Uskiewicz stated that City Planner Julie Reid is present should Council have any questions. Manager Uskiewicz stated that the majority of cases heard by the Planning Board involve in -town cases, with very few cases involving the ETJ (extraterritorial jurisdiction). He added that Council will also notice the absences and based on the populations, felt it fair and prudent to have (5) in -town members and (2) ETJ members. Council Member Tart asked City Planner Reid to step forward and explain the state regulations for the ETJ areas. Ms. Reid stated that under State Statute, every city and county is required to have representation from their ETJ areas. She added that every city is required to have (1) ETJ representative. She further stated that there are provisions for a second ETJ member based on the population of the city divided by the number of members on the Planning Board. Mrs. Reid stated that the approximate ratio of the current Planning Board is four (4) in -town members representing approximately ten thousand (10,000) people and three (3) ETJ members representing approximately eleven hundred (1,100) people, adding that this ratio is far off. She added that when state statute is very specific about assigning numbers like this, it is in the City's best interest for their regulations to closely mirror the state. Council Member Tart asked Ms. Reid if she is asking for one (1) member to represent the ETJ and when the population of the ETJ warrants it, then a second member would be added to the ETJ membership. Mrs. Reid responded yes. Council Member Bass expressed concern that if they only have one (1) ETJ member, and if that member does not attend a Planning Board meeting, then there would be no representation from the ETJ area. Council Member Olds stated that the City of Dunn is growing and it would stand to reason that the ETJ area will be growing also. He asked why not go ahead and give the ETJ area two (2) representatives and give the City five (5) representatives. Mrs. Reid stated that based on state statute, one (1) representative is adequate for the ETJ at this time Mayor Pro -Tem Womble stated that he served on the Planning Board and agreed that the make -up of the Planning Board should be more balanced to the population. He added that individuals outside of town are affecting what is happening inside the City limits, and he liked the idea of making the mix of the population match more closely. He further stated that this is putting into place a mechanism whereby the Council does not have to reconsider subsequent changes to the make -up to account for the population as it changes over time, and becomes an automatic provision of making sure the individuals in the ETJ continue to have representation as their population grows. Ms. Reid stated that state statute allows for growth in either direction in terms of representation but never to the point where a City would be controlled by the ETJ representation. More discussion was held concerning in -town and ETJ representation and preparation of the Planning Board by -laws. 994 Motion by Council Member Tart, seconded by Mayor Pro -Tem Womble to approve the Planning Board code amendment Chapter 2, Article IV, Division 2, Sections 2 -108 and 2 -109 as presented with six (6) in- town Planning Board members and one (1) ETJ member. Amendment was added to the preceding motion by Council Member Olds, seconded by Council Member Bass to state that there be five (5) in -town Planning Board representatives and two (2) ETJ representatives. Motion carried 4 -3. (Attachment #3) Ayes Noes Olds Tart Bass Womble Sumner Robinson Oudeh ✓' CODE ADDITION CHARITABLE SOLICITATION CHAPTER 11 (LICENSES AND BUSINESS REGULATIONS), ARTICLE IX (CHARITABLE SOLICITATION CONTROL REGULATIONS) At the July 10, 2003 Council meeting, City Attorney Pope presented the Council with a copy of a Solicitation Ordinance in place in Mattthews, N.C. The Council gave some suggestions to City Attorney Pope in preparing a similar ordinance for the City of Dunn, noting changes and/or additions to make. Attached Council will find a proposed code addition to the City of Dunn Code of Ordinances entitled Charitable Solicitation Control Regulations. Notice of the public hearing was duly advertised on July 24, 2003 and July 31, 2003. Manager Uskiewicz asked that Council table this code addition to allow time for he and Attorney Pope to make necessary changes as they relate to solicitations dealing with veteran organizations as well as other service groups. Motion by Council Member Bass, seconded by Council Member Robinson, to table this code addition until the next council meeting. Motion unanimously approved. 2003 LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS Attached Council will find information concerning the funding under the Bureau of Justice Assistance Fiscal Year 2003 Local Block Grants Program in the amount of $16,818.00 for the City of Dunn. The City of Dunn's match will be $1,869.00, making the total award $18,687.00. The purpose of the LLEBG Program is to reduce crime and improve public safety. Manager Uskiewicz stated that this has been budgeted. The public hearing was duly advertised on July 24, 2003 and July 31, 2003. Motion by Council Member Bass, seconded by Council Member Olds to approve the grant to appropriate City funds in the amount of $1,869.00 to award the 2003 Law Enforcement Block Grant. Motion unanimously approved. ACCEPTANCE OF PAL GRANT City Manager Uskiewicz stated that the City Council is being asked to accept the anticipated award of a $10,000 grant from the Harnett County Juvenile Crime Prevention (JCPC). This grant will complement the current Police Athletic /Activities League to include more available programs as well as to add one person in the capacity as educator /instructor for a one -year period. This is an in -kind match and therefore no City money is required for a match Motion by Council Member Olds, seconded by Council Member Bass to accept and approve the anticipated $10,000 grant award to the Dunn Police Athletic /Activities League by the Harnett County Juvenile Crime ! Prevention Council. Motion unanimously approved. DOWNTOWN REVITALIZATION RESOLUTION- FARMER'S MARKE Manager Uskiewicz stated that this is a Downtown Revitalization Resolution for a proposed Farmer's Market. He added that this is only a concept at this time, and there is no local match on behalf of the City. He further stated that they are asking to apply for a grant to do something within the revitalization area that was identified and approved by the Council in June. Mr. Uskiewicz stated that they have identified the Machine and Welding Building. He added that if the state reviews the idea favorably, then a major application will take place. He further stated this is a very 995 beneficial project because it has a low dollar amouat but a very high impact and falls within the criteria of the grant as identified for renovating blighted areas. Council Member Bass asked Manager Uskiewicz if he had a price for this project and what would the cost be to the taxpayer. Mr. Uskiewicz responded approximately $250,000 with no cost to the taxpayers. Motion by Council Member Sumner, seconded by Council Member Olds, to approve the resolution authorizing Mayor Oudeh to execute and file an application on behalf of the City of Dunn with the NC Department of Commerce, Division of Community Assistance for the renovations of the designated revitalization district. Motion unanimously approved. (Attachment #4) ORDER OF COLLECTIONS AUTHORIZATION TO TAX COLLECTOR Manager Uskiewicz stated that pursuant to G.S. 105 -352, attached is an order of collections which authorizes Interim Tax Collector Renee' Daughtry - o collect the taxes set forth in the 2003 tax records filed in the office of the Tax Collector. Motion by Mayor Pro -Tem Womble, seconded by Council Member Sumner to approve an order of collections authorizing Interim Tax Collector Renee' Daughtry to collect the taxes set forth in the 2003 tax records filed in the office of the Tax Collector. Motion unanimously approved. (Attachment #5) BLOCKING OF SIDEWALK 121 EAST BROAD STREET Manager Uskiewicz stated that Mr. & Mrs. Wiley Pope, owners of The Sassy Tree, 121 East Broad Street, are requesting to place tables on the sidewalk at the front of their business on September 4 at 7:00 p.m. City Code 19 -41 states that a street or sidewalk cannot be blocked or obstructed without the permission of the City. Motion by Council Member Tart, seconded by Council Member Olds, to grant the request by Mr. & Mrs. Wiley Pope to block the sidewalk in front of The Sassy Tree, 121 East Broad Street on September 4 at 7:00 p.m. Motion unanimously approved. INFORMATION Manager Uskiewicz announced that the next Council meeting is scheduled for September 4, 2003 at 7:00 p.m. Council Member Olds expressed concern with the City of Dunn code section 2 -120 as it relates to contributions given to the Planning Board. In reference to the Charitable Solicitation Ordinance, and to address public comment by Mrs. James, Council Member Tart stated that they are requiring organizations to have a sign out so that citizens can see who they are giving donations to. He added that the picture ID should be removed from the proposed ordinance, adding that it is too much work on the City. Council Member Robinson asked that a citizen be allowed to speak. Ms. Christine Williams of Saint Johns Apartments located on E. Pearsall Street stepped forward. She stated that she is concerned with St. Johns Apartments. She added that little gangsters are selling drugs, breaking bottles and playing loud music seven days a week there. She further stated that when she contacts the Police Department and a police car is sent to tails to the young men, they scatter and ten minutes later they are right back. Ms. Williams stated that the young men do not live at St. Johns. She added that the situation is getting worse, adding that there was a shooting. She further stated that she doesn't let her five -year old nephew go outside to play because you never know where a stray bullet is coming from. Ms. Williams stated that the vulgar music is so loud, you can't hear your own television playing. She added that when the apartment manager shows up, the men scatter. She further stated they are constantly calling the police and this is the only apartment complex with this kind of trouble. Ms. Williams stated that you can see the young men selling drugs and after drinking beer, the bottles are �— thrown against the building. She added that one young man stood in the middle of the street naked. She Rather stated again that something has to be done, adding a stray bullet has no name on it. She stated that it would be sad if someone ended up dead, after calling the police. Ms. Williams stated that she is here tonight asking for help, adding she had called the police six times in one night. She added that after the police leave, the young men laugh about it. Ms. Williams stated that St. Johns apartment manager is willing, with the help of the police, to get the names and addresses of the trespassers so that he can issue trespassing papers against them. Chief Benware stepped forward and stated that he is aware of the problem. He added that a substation was opened today in St. Johns Terrace. He further stated that they have a room there, and are moving equipment in so they will have a presence there. He stated that they are in dialog with the management of 996 St. Johns Terrace to issue a blanket trespass order, which means they do not have to identify a person individually. He added that once a trespassing sign is up, the trespassing order goes into place and those individuals found violating that order can be picked up as opposed to the past when an individual had to be identified and warned first. In referring to problems at Tart Park, Council Member Bass asked Chief Benware what can be done. Chief Benware stated that the property will have to be posted with the proper "No Trespassing" signs so the police department can take action. Mr. Bass asked that Chief Benware proceed with this project. Further discussion was held concerning proper procedures in arresting trespassers. With no further discussion, the following burial rights were executed: 1. Rev. and Mrs. King White and their heirs, Block AA, Lot 42, Spaces 5 -6, Memorial Cemetery. J 2. Donald W. and Edna Head and their heirs, Block AA, Lot 42, Spaces 1 -2, Memorial Cemetery. 3. Thelma McKoy and her heirs, Block 2, Lot 19, Spaces 3 -4, Resthaven Cemetery. 4. Dafford Funeral Home and their heirs, Block 13, Lot 58, Space 6, Resthaven Cemetery. 5. Dafford Funeral Home and their heirs, Block 15, Lot 56, Space 3, Resthaven Cemetery. 6. Louise M. Fairley and her heirs, Block 11, Lot 65, Spaces 1 -4, Resthaven Cemetery. 7. Pauline Pope Clapp and her heirs, Block J, Lot 22, Spaces 1 -8, Greenwood Cemetery. 8. Joel E. Sills, III and his heirs, Block AA, Lot 12, Spaces 7 -8, Memorial Cemetery. 9. John & Hermie Smith and their heirs, Block 1, Lot 57, Spaces 2 -4, Resthaven Cemetery. 10. Bobby Hobbs and his heirs, Block W, Lot 10, Space 2, Greenwood Cemetery. 11. Bobby Hobbs and his heirs, Block W, Lot 25, Spaces 1 -8, Greenwood Cemetery. 12. Clifford Layton and his heirs, Block 11, Lot 65, Spaces 7 -8, Resthaven Cemetery. 13. Johnny and Maxine Dennis, Block AA, Lot 14, Spaces 1 -4, Greenwood Cemetery. 14. Kevin Lee and his heirs, Block BB, Lot 46, Spaces 1 -4, & 8, Memorial Cemetery. 15. Dafford Funeral Home and their heirs, Block 15, Lot 56, Space 5, Resthaven Cemetery. With no further business to discuss, the meeting was adjourned at 8:10 p.m. C \TY Op 'I ` �--� .` UG..... . ORPOR,, .2 Mayor A est: fj� Q Ll . W "'� 09T � �• �✓ Debra G. West City Clerk