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10032002904 MINUTES CITY OF DUNN DUNN, NORTH CAROLINA THE CITY COUNCIL OF THE CITY OF DUNN HELD A REGULAR MEETING ON THURSDAY, OCTOBER 3, 2002, AT 7:00 P.M. IN THE DUNN MUNICIPAL BUILDING. PRESENT WAS MAYOR AB RAHAM OUDEH, MAYOR PRO -TEM MICHAEL WOMBLE, COUNCMMEMBERS TOBY SUMNER, GEORGE ROBINSON, JOEY TART, DONNIE OLDS AND PAUL BASS. ALSO PRESENT WAS CITY MANAGER MICHAEL USKIEWICZ, PUBLIC WORKS DIRECTOR RONNIE AUTRY, CAPTAIN RONNIE RADCLIFFE, CAPTAIN MORRY DENNING, CITY ACCOUNTANT DEBBIE WILLIAMS, RECREATION DIRECTOR PERRY HUDSON, CHIEF BUILDING INSPECTOR SHANE HUDSON, HUMAN RESOURCES /SAFETY OFFICER MOSES GALLION, FIRE CHIEF AUSTIN TEW, PUBLIC WORKS i SUPERINTENDENT THOMAS JERNIGAN, FINANCE DIRECTOR RENEE' DAUGHTRY, UTILITY SERVICES SPECIALIST PATTY PAGE, CITY ENGINEER ED POWELL, CITY ATTORNEY P. TILGHMAN POPE, DEPUTY CLERK DEBRA WEST, DAILY RECORD REPORTER LISA FARMER, AND DISTRICT COURT JUDGE ADDIS RAWLS. INVOCATION MAYOR OUDEH OPENED THE MEETING AT 7:00 P.M. AND ASKED CAPTAIN MORRY DENNING TO GIVE THE INVOCATION. AFTERWARDS, THE PLEDGE OF ALLEGIANCE WAS REPEATED. PRESENTATIONS CAPTAIN MORRY DENNING PRESENTED A LETTER OF COMMENDATION AND HONORABLE MENTION TO EACH MEMBER OF THE CRIMINAL INVESTIGATION DIVISION FOR THEIR EFFORTS AND TEAMWORK THAT RESULTED IN AN ARREST FOR THE BREAK -INS AND ASSAULTS THAT OCCURRED IN JULY AND AUGUST OF THIS YEAR. MEMBERS RECOGNIZED WERE: INVESTIGATOR J.D. BAREFOOT LIEUTENANT T.W. STRICKLAND INVESTIGATOR R.T. BYRD EVIDENCE TECH. SANDRA DUNN INVESTIGATOR C.D. ARTIS (UNABLE TO ATTEND) INVESTIGATOR R.L. JENKINS MAYOR OUDEH PRESENTED MR. T.C. GODWIN, JR., A PLAQUE IN HONOR OF HIS SERVICE AS A MEMBER OF THE BETSY JOHNSON REGIONAL HOSPITAL BOARD OF TRUSTEES SINCE i OCTOBER 1, 1997. (ATTACHMENT #1) aT,TW I ►i_ DISTRICT COURT JUDGE ADDIE RAWLS ADMINISTERED THE OATH OF OFFICE TO POLICE CHIEF TIMOTHY CHARLES BENWARE. (ATTACHMENT #2) MAYOR OUDEH CLOSED THE REGULAR MEETING AND OPENED PUBLIC HEARING AT 7:08 P.M. PUBLIC HEARING DEMOLITION OF HOUSE 1021 EAST HARNETT STREET THE PUBLIC HAS BEEN NOTIFIED THAT ORAL AND WRITTEN COMMENTS WILL BE HEARD AND RECEIVED CONCERNING THE DEMOLITION OF THE DWELLING OWNED BY GLORIA BRYANT AND LOCATED AT 1021 EAST HARNETT STREET. THE PUBLIC HEARING WAS DULY ADVERTISED ON SEPTEMBER 23, 2002. MAYOR OUDEH ASKED IF THERE WAS ANYONE PRESENT TO SPEAK FOR OR AGAINST THIS REQUEST. HEARING NONE, HE CLOSED THE PUBLIC HEARING AND RECONVENED THE REGULAR COUNCIL MEETING AT 7:09 P.M. CONSENT ITEMS MAYOR OUDEH ASKED IF THERE WERE ANY CONSENT ITEMS THAT COUNCIL WISHED TO PULL FOR FURTHER DISCUSSION. MAYOR PRO -TEM WOMBLE PULLED #2 (BUDGET AMENDMENTS #9, 10, & 11) FOR DECISION. THE FOLLOWING CONSENT ITEMS WERE CONSIDERED BY COUNCIL. MINUTES- COUNCIL CONSIDERED APPROVAL OF MINUTES OF THE SEPTEMBER 5, 2002 MEETING. TAX RELEASES/REFUNDS- COUNCIL CONSIDERED APPROVAL OF TAX RELEASES/REFUNDS #21- #26. 905 PROCLAMATION - COUNCIL CONSIDERED APPROVAL OF A PROCLAMATION DESIGNATING THE MONTH OF OCTOBER AS CRIME PREVENTION MONTH. (ATTACHMENT #3) MOTION BY COUNCILMEMBER BASS, SECONDED BY COUNCILMEMBER OLDS TO APPROVE ALL CONSENT ITEMS WITH THE EXCEPTION OF ITEM #2 (BUDGET AMENDMENTS #9411). MOTION UNANIMOUSLY APPROVED. ITEMS FOR DECISION DEMOLITION OF HOUSE 1021 EAST HARNETT STREET BUILDING INSPECTOR SHANE HUDSON HAS CONDUCTED A N.C. MODEL HOUSING CODE INSPECTION AT 1021 EAST HARNETT STREET AND BASED UPON HIS OBSERVATIONS, THE STRUCTURE FAILED TO COMPLY WITH THE MIlNIMUM STANDARDS OF FITNESS ESTABLISHED BY THE N.C. MODEL HOUSING CODE. THE INSPECTOR ALSO FOUND THE DWELLING DANGEROUS OR PREJUDICIAL TO THE PUBLIC HEALTH OR PUBLIC SAFETY AND IS A NUISANCE IN VIOLATION OF G.S. 160A -193. THE OWNER OF THE PROPERTY HAS FAILED TO COMPLY WITH THE BUILDING INSPECTOR'S ORDER. MANAGER USKIEWICZ STATED THAT BEFORE THE COUNCIL ARE THE NOTICES THAT HAVE BEEN ISSUED. HE ADDED THAT THE TIME FRAME HAS LAPSED AND THE COUNCIL HAS THE RIGHT TO AUTHORIZE THE CITY TO DEMOLISH THIS PROPERTY. BUILDING INSPECTOR HUDSON STEPPED FORWARD AND STATED THAT SEVERAL NOTICES HAD BEEN SENT OUT. HE ADDED THAT TWO OF THE THREE NOTICES WERE RECEIVED BY CERTIFIED MAIL. HE FURTHER STATED THAT PREVIOUS INSPECTORS HAD ALSO SENT OUT NOTICES PERTAINING TO THIS PROPERTY. MOTION BY COUNCILMEMBER BASS, SECONDED BY COUNCILMEMBER ROBINSON TO APPROVE THE ORDINANCE DIRECTING THE BUILDING INSPECTOR TO REMOVE OR DEMOLISH THE STRUCTURE AT 1021 EAST HARNETT STREET. MOTION UNANIMOUSLY APPROVED. (ATTACHMENT #4) CLOSING OF STREETS COTTON FESTIVAL MANAGER USKIEWICZ ASKED DANA COCHRAN OF THE DUNN AREA TOURISM AUTHORITY TO STEP FORWARD TO EXPLAIN THE REQUEST FOR ADDITIONAL STREET CLOSURES FOR THE COTTON FESTIVAL THIS YEAR. MRS. COCHRAN STEPPED FORWARD AND EXPLAINED THAT THE COTTON FESTIVAL HAS EXPANDED THEREFORE RESULTING IN THE REQUEST FOR ADDITIONAL STREET CLOSURES. SHE ALSO ASKED FOR SUPPORT FROM THE POLICE AND PUBLIC WORKS DEPARTMENTS. SHE FURTHER ASKED THAT THE STREET SWEEPER COME THROUGH ON SATURDAY AFTER THE EVENT AT 6:00 PM TO THOROUGHLY CLEAN THE STREETS. THE FOLLOWING STREETS ARE REQUESTED TO BE CLOSED FOR THE COTTON FESTIVAL TO BE HELD ON SATURDAY, NOVEMBER 2, 2002. FRI., NOV. 1 HARNETT ST. FROM RAILROAD CROSSING TO FAYETTEVILLE AVE. (5 -11 PM) EDGERTON ST. FROM RAILROAD CROSSING TO CITY PARKING LOT BEHIND SHERRY'S BAKERY (5 P.M. UNTIL AFTER FESTIVAL ON NOV. 2) SAT., NOV. 2 BROAD ST. FROM CLINTON AVE. TO FAYETTEVILLE AVE. (7:OOAM -6:00 PM) WILSON AVE. FROM CUMBERLAND ST. TO DRIVEWAY AT EASTSIDE FIRE DEPT. (7:00 AM -6:00 PM) EDGERTON ST. FROM RAILROAD CROSSING TO THE ALLEY NEXT TO THE CITY PARKING LOT LOCATED BEHIND SHERRY'S BAKERY (7:00 AM -6:00 PM) FIRST CITIZENS PARKING LOT MOTION BY COUNCILMEMBER TART, SECONDED BY COUNCILMEMBER ROBINSON TO APPROVE THE CLOSING OF THE STREETS, TO ASSIST WITH POLICE AND PUBLIC WORKS AND THE STREET SWEEPER CLEAN THE STREETS AFTERWARDS IN DOWNTOWN DUNN FOR THE COTTON FESTIVAL TO BE HELD ON SATURDAY, NOVEMBER 2, 2002. MOTION UNANIMOUSLY APPROVED. HIGHWAY 421 LANDSCAPING PROPOSAL MANAGER USKIEWICZ STATED THAT THE BEAUTIFICATION AND IMAGE COMMITTEE OF THE DUNN AREA CHAMBER OF COMMERCE HAS WORKED FOR OVER TWO YEARS WITH THE DEPARTMENT OF TRANSPORTATION FOR APPROVAL OF A LANDSCAPING PLAN FOR HIGHWAY 421. HE ADDED THAT THE CITY PREVIOUSLY BUDGETED THIS PROJECT. MR. JOHN SNIPES, CHAIRMAN OF THE DUNN AREA CHAMBER OF COMMERCE BEAUTIFICATION AND IMAGE COMMITTEE STEPPED FORWARD. HE STATED THAT THE 906 HIGHWAY 421 CORRIDOR FROM THE BLACK RIVER BRIDGE TO THE BROAD STREET INTERSECTION IS A HIGHLY VISIBLE AREA OF TOWN AND A GATEWAY TO AND FROM OUR CITY. HE ADDED THE ONLY WAY TO ENHANCE THIS CORRIDOR IS BY PLANTING TREES AND SHRUBBERY IN THE MEDIAN OF THIS SECTION. MR. SNIPES STATED THAT THE BEAUTIFICATION AND IMAGE COMMITTEE CAME TO THE COUNCIL TWO YEARS AGO. HE ADDED THEY ASKED FOR AND RECEIVED APPROVAL FOR THIS SAME PROJECT BUT DUE TO VARIOUS DEPARTMENT OF TRANSPORTATION DELAYS, THEY WERE UNABLE TO USE THE MONEY TO MOVE FORWARD WITH THE APPROVED PROJECT DURING THAT BUDGET YEAR. HE FURTHER STATED THAT THE PRICE TO COMPLETE THIS PROJECT IN THE PAST WAS $10,000.00 BUT DUE TO PRESENT BUDGET CONSTRAINTS, THIS FIGURE HAS BEEN REDUCED TO $7,000.00. MR. SNIPES STATED THAT THE PRESENT ESTIMATE ONLY PROVIDES FOR MATERIAL AND HE ASKED THAT THE CITY PROVIDE THE LABOR AND TO WORK WITH SCOTT SURLES LANDSCAPING IN OVER -SEEING THE PROJECT. HE ADDED THAT IMAGE AND APPEARANCE IS A MAJOR PART OF ECONOMIC DEVELOPMENT. HE FURTHER STATED ECONOMIC DEVELOPMENT IS ONE OF THE MOST IMPORTANT THINGS FACING OUR CITY AND COUNTY TODAY AND SO IN TURN THE OVERALL APPEARANCE OF OUR CITY IS ONE OF THE MOST IMPORTANT CHALLENGES WE FACE RIGHT NOW. MR. SNIPES ASKED THE COUNCIL TO HELP MEET THIS CHALLENGE BY REALLOCATING THESE NEEDED DOLLARS FOR THESE ENHANCEMENT PROJECTS. HE THANKED THE COUNCIL FOR THEIR CONSIDERATION. COUNCILMEMBER BASS ASKED PUBLIC WORKS DIRECTOR RONNIE AUTRY TO STEP FORWARD. MR. BASS ASKED MR. AUTRY IF THE CITY HAS THE MANPOWER TO DO THIS PROJECT. MR. AUTRY RESPONDED THEY HAVE THE MANPOWER TO INSTALL THE SHRUBBERY AND TREES. MR. BASS ASKED MR, AUTRY IF ADDITIONAL EQUIPMENT WOULD BE REQUIRED TO MAINTAIN THIS PROJECT. MR. AUTRY RESPONDED THAT HE WOULD PROBABLY COME BACK TO COUNCIL NEXT YEAR TO REQUEST A MOWER TO MANEUVER AROUND THE MEDIAN. HE ADDED THEY LOST ABOUT FIVE (5) SUMMER EMPLOYEES AND NEXT YEAR THEY WILL LOOK AT HIRING SUMMER HELP AGAIN. COUNCILMEMBER SUMNER ASKED CITY MANAGER USKIEWICZ IF FUNDS ARE AVAILABLE FOR THIS PROJECT. MR. USKIEWICZ RESPONDED THE CITY COUNCIL PRIORITIZED THIS PROJECT OVER TWO FISCAL YEARS. HE STATED THAT THE CITY RECEIVED SOME UNANTICIPATED STATE REVENUE IN THE AMOUNT OF $106,708.05. HE ADDED THAT A BUDGET AMENDMENT IS INCLUDED WHEREBY THIS AMOUNT IS DEDUCTED FROM THE CONTINGENCY FUND JUST RECEIVED FROM THE STATE. MOTION BY MAYOR PRO -TEM WOMBLE, SECONDED BY COUNCILMEMBER SUMNER TO APPROVE THIS PROJECT, HOWEVER, THIS BUDGET AMENDMENT WILL BE CONSIDERED WITH THE CONSENT ITEM #2 THAT WAS PLACED UNDER ITEMS FOR DECISION. MOTION UNANIMOUSLY APPROVED. VOTING DELEGATE 2002 NCLM MEETING MANAGER USKIEWICZ STATED THAT THE NORTH CAROLINA LEAGUE OF MUNICIPALITIES WILL HOLD THEIR ANNUAL BUSINESS MEETING ON MONDAY, OCTOBER 21, 2002 IN DURHAM. HE ADDED THAT COUNCILMEMBER OLDS WISHES TO ATTEND THIS MEETING AND THE COUNCIL WILL NEED TO VOTE TO ASSIGN A DELEGATE TO VOTE ON BEHALF OF THE CITY OF DUNN. MOTION BY COUNCILMEMBER TART, SECONDED BY COUNCILMEMBER BASS TO AUTHORIZE COUNCILMEMBER OLDS TO VOTE ON BEHALF OF THE CITY COUNCIL AT THE 2002 NCLM ANNUAL BUSINESS MEETING TO BE HELD ON OCTOBER 21, 2002 IN DURHAM. MOTION UNANIMOUSLY APPROVED. MANAGER USKIEWICZ STATED THAT PURSUANT TO CHAPTER 11, SECTION 198 OF THE DUNN CITY CODE, THE COUNCIL SHALL ESTABLISH RATES FOR FARES OF ANY TAXICAB USE WITHIN THE CITY. HE ADDED THAT A NEW CAB COMPANY (D'CARLO TAXI CAB) HAS PROPOSED A CAB FARE RATE SCHEDULE OF $1.95 PER MILE, WITH NO MINIMUM FOR MAXIMUM FARE. HE STATED THAT THE PROPOSED RATE WOULD EXCEED THE PRESENT RATE SCHEDULE. HE ADDED THE PRESENT RATE SCHEDULE APPROVED IN 1994 IS $2.50 EACH STOP INNER CITY AND UP, BUT WILL NOT EXCEED $5.00 IN THE CITY LIMITS. THERE IS AN ADDITIONAL $1.00 FEE PER MILE OUTSIDE OF THE DUNN CITY LIMITS. MANAGER USKIEWICZ STATED THAT IT IS UP TO COUNCIL TO SET CAB FEES. 907 MAYOR PRO -TEM WOMBLE QUESTIONED MANAGER USKIEWICZ ABOUT THE ISSUES THE COUNCIL IS BEING ASKED TO VOTE ON TONIGHT. MR. USKIEWICZ RESPONDED THEY ARE BEING ASKED TO APPROVE THE OPERATION OF THE CAB COMPANY WITHIN THE CITY LIMITS AND TO APPROVE OR DENY HIS PROPOSED CAB FARE SCHEDULE. MR. WOMBLE STATED THAT HE NOTICED IN THE AGENDA PACKET, A PERMIT HAS ALREADY BEEN ISSUED. MR. USKIEWICZ RESPONDED THAT A DRIVER'S PERMIT HAS BEEN ISSUED. HE STATED THAT THE BUSINESS PERMIT HAS TO BE ISSUED BY THE COUNCIL. MR. WOMBLE QUESTIONED MR. USKIEWICZ ABOUT THE TAXI OWNER'S PERMIT #1305 THAT WAS INCLUDED IN THEIR PACKET. MR. USKIEWICZ STATED THAT A LOT OF DETAIL IS INCLUDED IN THE APPLICATION AND THE BACKGROUND REVIEWS WERE CONDUCTED BY PUBLIC SAFETY. HE ADDED THAT HIS UNDERSTANDING IS THE PERMITS ARE GIVEN TO THE CITY MANAGER FOR APPROVAL AND THEN SUBMITTED TO THE CITY COUNCIL FOR APPROVAL. HE FURTHER STATED THAT IF HE IS OUT OF SEQUENCE, HE APOLOGIZED. MR. WOMBLE SUGGESTED THEY WALK THROUGH THE PROCESS. HE STATED THAT BEFORE CAB RATE FARES ARE APPROVED, THE CAB COMPANY NEEDS APPROVAL. HE ADDED THAT THE OWNER'S PERMIT HAS ALREADY BEEN ISSUED. HE FURTHER STATED THAT ACCORDING TO SECTION 11 -213 OF THE DUNN CITY CODE, THE CITY COUNCIL SHALL AUTHORIZE THE ISSUANCE OF AN OWNER'S PERMIT TO THE APPLICANT. HE STATED THAT ACCORDING TO CITY CODE, THE CITY MANAGER CAN NOT AUTHORIZE THIS PERMIT. MR. USKIEWICZ STATED THAT IF HE JUMPED THE GUN, HE APOLOGIZED. HE ADDED THAT HE IS NEW TO THIS MATTER. HE FURTHER STATED THAT A BUSINESS CAME FORWARD TO OPERATE IN THE CITY AND THIS IS A BUSINESS FRIENDLY COMMUNITY. HE STATED THAT IF THE PROCESS WAS NOT ADHERED TO OR IF COUNCIL FEELS HE WAS OUT OF LINE, HE WILL TAKE THAT, BUT THEY NEED TO LOOK AT THE BUSINESS BEFORE THEM TONIGHT THAT WOULD LIKE AUTHORIZATION TO WORK. HE ADDED THE COUNCIL HAS AMPLE INFORMATION TO REVIEW AND TO SEE THAT THIS BUSINESS HAS FOLLOWED ALL OF THE CRITERIA AND PROCEDURES AND IT BEHOOVES THE COUNCIL TO APPROVE THIS CAB COMPANY. MR. WOMBLE STATED THAT SINCE ALL THE CRITERIA HAS BEEN MET, THEN HE WOULD LIKE TO SEE THE APPLICATION FOR THE OWNER'S PERMIT THAT IS REQUIRED IN SECTION 11 -212. MR. USKIEWICZ STATED THE FORM BEFORE COUNCIL IS THE APPLICATION HE WAS MADE AWARE OF BY STAFF AND IF THERE IS ANOTHER APPLICATION, HE IS NOT AWARE OF IT. MR. WOMBLE STATED THAT HE IS ONLY AWARE OF WHAT THE CITY CODE REQUIRES. MR. WOMBLE STATED THAT THE COUNCIL IS EXTREMELY BUSINESS FRIENDLY AND HE WANTS TO SEE THE CITY CODE FOLLOWED. MR. USKIEWICZ STATED HE UNDERSTOOD. MR. WOMBLE ASKED CITY ATTORNEY POPE FOR CLARIFICATION REGARDING THE APPLICATIONS REQUIRED FOR A TAXICAB. MR. POPE STATED THE CITY CODE REQUIRES TWO SEPARATE APPLICATIONS, ONE FOR AN OWNER'S PERMIT AND ONE FOR A DRIVER'S PERMIT WHICH REQUIRE DIFFERENT INFORMATION TO BE PROVIDED. HE ADDED THE OWNER'S PERMIT MUST BE SWORN TO BY THE APPLICANT. HE FURTHER STATED THAT HE ONLY SEES AN APPLICATION FOR THE DRIVER'S PERMIT IN THE PACKAGE AND CITY CODE WOULD PROHIBIT THE COUNCIL FROM ISSUING AN OWNER'S PERMIT WITHOUT A PROPER APPLICATION AS REQUIRED BY CITY CODE 11 -213. MR. WOMBLE STATED HE DID NOT WANT TO DENY THIS BUSINESS THE OPPORTUNITY TO OPERATE IN OUR TOWN AND SUGGESTED TABLING THE ISSUE TO ALLOW THE PERSON TO SUBMIT THE PROPER PAPERWORK. MR. WOMBLE ASKED ATTORNEY POPE WHAT THE PROPER PROCEDURE WOULD BE IN THIS CIRCUMSTANCE WHERE THE PERMIT HAS BEEN ERRONEOUSLY ISSUED. /-�• ATTORNEY POPE RESPONDED THE COUNCIL COULD MAKE A MOTION TO REVOKE THE ERRONEOUSLY ISSUED PERMIT UNTIL SUCH TIME AS THE PROPER APPLICATION HAS BEEN FILLED OUT AND BROUGHT BACK BEFORE THE COUNCIL AND APPROVED. MAYOR OUDEH ASKED ATTORNEY POPE IF THE CAB COMPANY COULD BE GIVEN A TEMPORARY PERMIT UNTIL THEY BRING THE APPLICATION BACK. ATTORNEY POPE RESPONDED NO. ATTORNEY POPE STATED THAT WHAT DIFFERENTIATES AN OWNER'S PERMIT FROM A DRIVER'S PERMIT IS THE CITY COUNCIL IS GRANTING THE OWNER A FRANCHISE. HE ADDED IT IS A NON - INCLUSIVE FRANCHISE IN THAT YOU CAN HAVE AS MANY TAXICAB COMPANIES AS YOU WANT BUT THE OWNER HAS TO PROVIDE DIFFERENT INFORMATION 908 THAN A DRIVER. HE FURTHER STATED WHEN A DRIVER SUBMITS AN APPLICATION FOR A PERMIT, HE IS TAGGING ONTO THE OWNER'S PERMIT WHICH CARRIES THE INSURANCE WITH IT AS WELL AS A NUMBER OF OTHER THINGS. MR. POPE STATED THAT THERE IS NOTHING IN THE CODE THAT PROVIDES FOR A TEMPORARY FRANCHISE OR OWNER'S PERMIT TO BE ISSUED. HE ADDED THIS IS NOT AN OPTION BEFORE THE COUNCIL AT THIS TIME AS IT WOULD REQUIRE A CODE AMENDMENT, WHICH IN TURN WOULD REQUIRE A PUBLIC HEARING. MANAGER USKIEWICZ ASKED FOR A SPECIAL CALL MEETING TO BE HELD TO ADDRESS THIS ISSUE. COUNCILMEMBER ROBINSON RESPONDED NO. HE STATED IF THIS HAD BEEN DONE RIGHT FROM THE BEGINNING THEY WOULD NOT HAVE TO GO BACK AND WHY SHOULD ( THEY TAKE TIME FOR SOMETHING DONE BEHIND THEIR BACKS. HE ADDED THIS SHOULD o / HAVE BEEN BROUGHT TO COUNCIL FROM THE BEGINNING. MANAGER USKIEWICZ STATED NOTHING HAS BEEN DONE BEHIND ANYONE'S BACK COUNCILMEMBER BASS SUGGESTED DENYING EVERYTHING AND HAVE THE CAB COMPANY RE -SUBMIT THEIR PAPERWORK GOING THROUGH THE PROPER CHANNELS. COUNCILMEMBER OLDS STATED THAT HE SENSED AN IMPRESSION FROM SOME OF THE COUNCILMEMBERS A FEELING OF SOME `BEHIND THE BACK TYPE ACTIVITY ". HE ADDED THAT HE WOULD LIKE TO THINK THEY ARE ALL PROFESSIONAL MEN REPRESENTING THE CITY IN A PROFESSIONAL MANNER. HE FURTHER STATED HE WOULD HOPE THE MENTALITY OF ACCUSING SOMEONE OF DOING SOMETHING UNDER THE TABLE DOESN'T EXIST AMONG THE BOARD. MR. OLDS STATED THAT IF SOMETHING IS DONE IN ERROR, HE WOULD HOPE THAT HIS FELLOW COUNCILMEMBERS WOULD NOT ACCUSE SOMEONE AND HE HOPED THAT TYPE OF MENTALITY WOULD LEAVE THIS BOARD. MAYOR OUDEH STATED THAT HE HAD CALLED MOST OF THE COUNCILMEMBERS TO ASK THEM ABOUT THIS ISSUE. COUNCILMEMBER BASS STATED HE WASN'T THE MOST EDUCATED MAN, BUT HE COULD READ. HE ADDED IF THE BOOK IS FOLLOWED AND THINGS ARE DONE THE RIGHT WAY, THEN YOU DON'T HAVE TO BACK UP. COUNCILMEMBER ROBINSON STATED HE DOESN'T HAVE ANYTHING AGAINST ANYONE BUT HE STOOD FIRM ON WHAT HE BELIEVES AND IF THINGS AREN'T DONE RIGHT, THEY'RE NOT RIGHT. MOTION BY MAYOR PRO -TEM WOMBLE, SECONDED BY COUNCILMEMBER ROBINSON TO TABLE THIS ISSUE UNTIL THE NOVEMBER MEETING. MOTION CARRIED 4 -2 AYES NOES WOMBLE TART ROBINSON SUMNER BASS OLDS MOTION BY MAYOR PRO -TEM WOMBLE, SECONDED BY COUNCILMEMEER BASS TO REVOKE THE ERRONEOUSLY ISSUED PERMIT #1305. MOTION UNANIMOUSLY APPROVED. MAYOR PRO -TEM WOMBLE STATED THAT IN CITY CODE SECTION 11 -195, IT STATES THAT EVERY TAXICAB OPERATOR SHOULD PROVIDE INSURANCE. HE ADDED THAT THE LIMITS ON THE CERTIFICATE OF INSURANCE PROVIDED IN THEIR PACKET SHOW EXTREMELY LOW LIMITS. HE FURTHER STATED THAT MOST BUSINESSES HAVE ONE -HALF MILLION DOLLARS OR MORE OF COVERAGE AND ESPECIALLY FOR SOMEONE OPERATING ON THE ROAD. HE SUGGESTED THAT THE COUNCIL COME BACK MAYBE AT THE NOVEMBER MEETING TO SET LIMITS FOR THIS PARTICULAR SECTION OF THE CODE 11 -195 (LIABILITY INSURANCE). HEALTHCARE BENEFITS MANAGER USKIEWIZ COMMENDED THE INSURANCE COMMITTEE FOR A JOB WELL DONE. HE ADDED THAT THE CITY'S COST IN RATES INCREASED BY ONLY 18.7% WHILE AVERAGE INCREASES WERE 30 -50 %. HE FURTHER STATED THAT THE RATES FOR THE EMPLOYEES HEALTH CARE COVERAGE ARE AS FOLLOWS: EMPLOYEE RATES $301.44 PRE -65 RETIREE RATES $377.38 POST -65 RETIREE RATES $347.72 909 HE ADDED THE CITY OF DUNN PERSONNEL POLICY ARTICLE VI, SECTION 2 STATES THAT EMPLOYEES WHO RETIRE WITH TWENTY -FIVE OR MORE YEARS OF SERVICE WITH THE CITY MAY REMAIN ON A CITY GROUP HEALTH PLAN, WITH THE TOTAL PREMIUMS PAID BY THE CITY NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00) PER MONTH. HE FURTHER STATED WHEN THIS WAS ADOPTED THE AMOUNT WAS ENOUGH TO PAY THE TOTAL PREMIUM FOR THE RETIREES BUT THIS IS NO LONGER THE CASE. MR. USKIEWICZ STATED THAT THE COUNCIL ALSO HAS TO REVIEW THE POLICY AS FAR AS IT RELATES TO THE PERCENTAGES FOR THE 15 -20 YEAR AND 20 -25 YEAR EMPLOYEE. COUNCILMEMBER ROBINSON ASKED WHY THE COUNCIL DID NOT RECEIVE QUOTES THIS YEAR AND ASKED IF THEY COMPARED PRICES. MR. USKIEWICZ RESPONDED THAT PRICES WERE QUOTED BY DIFFERENT COMPANIES AND HE ASKED HUMAN RESOURCES /SAFETY OFFICER MOSES GALLION TO STEP FORWARD TO ANSWER ANY ^"\ QUESTIONS. COUNCILMEMBER ROBINSON QUESTIONED MR. GALLION ABOUT WHY THE COUNCIL DID NOT RECEIVE A COPY OF THE INSURANCE QUOTES AND WHY IT WAS DELAYED UNTIL SEPTEMBER. MR. GALLION RESPONDED HE DID NOT BRING THE QUOTES WITH HIM. MANAGER USKIEWICZ STATED THEY COULD PROVIDE THIS INFORMATION TO THE COUNCIL AND THIS PLAN WAS THE MOST COST EFFECTIVE PLAN THAT DID NOT IMPACT THE CITY EMPLOYEES. HE ADDED THAT THERE WAS ONLY A RATE INCREASE OF 18.7% FOR THE NEXT NINE MONTHS. MAYOR OUDEH STATED THAT MR. ROBINSON WOULD LIKE TO SEE ALL THE BIDS. COUNCILMEMBER TART STATED THAT IN THE PAST, THE COUNCIL HAS REVIEWED THE QUOTES, SO THEY COULD SEE THAT THE POLICY CHOSEN WAS THE BEST BUY FOR THE EMPLOYEES. COUNCILMEMBER ROBINSON STATED THAT THEY HAVE ALWAYS HAD THIS INFORMATION BEFORE SEPTEMBER. HE ADDED THEY WOULD LIKE TO SEE THESE PRICE COMPARISONS ON PAPER MR. GALLION STATED THAT LAST OCTOBER THEY WERE NOT ASKED FOR QUOTES. COUNCILMEMBER ROBINSON QUESTIONED MR. GALLION ABOUT THE NINE MONTH INSURANCE AGREEMENT INSTEAD OF A TWELVE MONTH AGREEMENT. I MR. GALLION RESPONDED IT IS DIFFICULT TO NEGOTIATE WITH HEALTH INSURANCE PROVIDERS IN JUNE OF EACH YEAR (END OF FISCAL YEAR FOR THE CITY) WHEN RENEWALS FOR THE HEALTH INSURANCE ARE NOT DUE UNTIL OCTOBER OF EACH YEAR. HE ADDED THEY CHOSE THE NINE MONTH AGREEMENT SO RENEWALS WILL BE IN LINE WITH THE CITY BUDGET. HE FURTHER STATED THAT BACK IN JULY HE WAS ASKING FOR QUOTES, BUT NONE OF THEM WOULD GIVE HIM ANY PRICES THAT EARLY. MAYOR PRO -TEM WOMBLE AGREED THAT IT IS A GOOD IDEA CONFORMING THE INSURANCE TO THE CITY'S FISCAL YEAR AND HE STATED THAT SINCE THIS COUNCIL HAS TAKEN OFFICE, THEY HAVE HISTORICALLY BEEN INVOLVED IN THE DECISION OF THE SELECTION OF THE INSURANCE COMPANY. HE ASKED MR. GALLION TO SEND THE COUNCIL THE INFORMATION THAT THE INSURANCE COMMITTEE CONSIDERED AND HE ASKED THAT IN ADVANCE OF JULY I OF EACH YEAR, THE COUNCIL BE GIVEN INSURANCE INFORMATION FOR DECISION. THERE WAS MORE DISCUSSION ABOUT THE INSURANCE RATES. MOTION BY MAYOR PRO -TEM WOMBLE, SECONDED BY COUNCILMEMBER BASS TO INCREASE THE LIMIT OF INSURANCE PREMIUMS PAID BY THE CITY OF DUNN TO $380.00 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. MAYOR PRO -TEM WOMBLE STATED THAT HE WOULD LIKE TO ENCOURAGE THE MANAGER AND INSURANCE COMMITTEE TO INVOLVE COUNCILMEMBER TART AND /OR COUNCILMEMBER SUMNER IN THEIR MEETINGS BECAUSE THEY HAVE EXPERIENCE WITH THESE ISSUES AND TO ALLOW THE COUNCIL SOME INPUT INTO THE SELECTION OF THE COMPANY. CITY ACCOUNTANT DEBBIE WILLIAMS STATED THAT WHEN THEY STARTED GATHERING PRICES FOR INSURANCE, THEY WERE QUOTED $1,000.00 PER EMPLOYEE FOR PRE -65 AND POST -65 AND THAT IS WHY THEY WENT TO THE SECONDARY FOR A LITTLE OVER $300.00. SHE ADDED INSURANCE RATES ARE EXPENSIVE WITH THIS AGE GROUP. 910 MOTION BY COUNCILMEMBER TART, SECONDED BY MAYOR PRO -TEM WOMBLE THAT THE FOLLOWING INSURANCE PREMIUM PERCENTAGES FOR RETIREES BE INCORPORATED INTO THE PERSONNEL POLICY. MOTION UNANIMOUSLY APPROVED. 15 YEARS UP TO 20 YEARS CITY PAYS 25% RETIREE PAYS 75% 20 YEARS UP TO 25 YEARS CITY PAYS 50% RETIREE PAYS 50% BUDGET AMENDMENTS CITY MANAGER USKIEWICZ STATED THAT THESE BUDGET AMENDMENTS WERE PULLED FROM CONSENT. HE ADDED THAT BUDGET AMENDMENT #9 INCLUDES THE STATE FUNDS RECEIVED IN THE AMOUNT OF $106,708.05. HE FURTHER STATED THAT BUDGET AMENDMENT #10 INCLUDED ADVERTISING FOR THE CODE ENFORCEMENT POSITION AND #11 IS FOR MAINTENANCE AND REPAIR OF PATROL CARS. MAYOR PRO -TEM WOMBLE STATED HIS ONLY ISSUE WITH THE BUDGET AMENDMENTS WAS IN RELATION WITH THE ACCOUNT "CONTINGENCY -STATE FUNDS RECEIVED ". HE ADDED THAT IF THIS MONEY HAD ORIGINALLY BEEN BUDGETED, THEN OUR FUND BALANCE USAGE WOULD HAVE BEEN LESS. HE FURTHER STATED HE WOULD WANT TO SEE THIS MONEY GO BACK TO THE FUND BALANCE AS OPPOSED TO APPROPRIATING IT TO APPEAR THAT IT IS AVAILABLE FOR FUTURE EXPENDITURES. COUNCILMEMBER BASS AGREED. FINANCE DIRECTOR RENEE' DAUGHTRY STEPPED FORWARD AND STATED THE CONCEPT HERE WAS THAT FOR THE HEALTH INSURANCE EXPENDITURES, THE CITY WILL INCUR AN ADDITIONAL $45,000.00. SHE ADDED THAT A QUOTE WAS JUST RECEIVED FROM THE PROPERTY INSURANCE CARRIER FOR AN INCREASE OF $61,000.00. SHE FURTHER STATED THE CONCEPT WAS TO RE- APPROPRIATE THE SHORTAGES THEY WILL INCUR. MAYOR PRO -TEM WOMBLE STATED THAT WHEN THOSE EXPENSES ARE INCURRED, THEN APPROPRIATE THOSE INCREASES AGAINST THE FUND BALANCE. MOTION BY MAYOR PRO -TEM WOMBLE, SECONDED BY COUNCILMEMBER SUMNER TO APPROVE BUDGET AMENDMENTS #9 - 011 THAT WERE PULLED FROM CONSENT ITEM #2 AND BUDGET AMENDMENT #12 (LANDSCAPING) WITH ALL APPROPRIATIONS COMING FROM THE FUND BALANCE. MOTION UNANIMOUSLY APPROVED. (ATTACHIAENT #5) DISCUSSION CITY BEAUTIFICATION & ✓ RAIL SAFETY -JOY WILLIAMS CITY MANAGER USKIEWICZ STATED THAT FIVE MINUTES WOULD BE ALLOTTED TO MRS. JOY WILLIAMS. MRS. WILLIAMS STEPPED FORWARD AND STATED THERE IS A LOT OF CONFUSION ON HOW THE COUNCIL OPERATES. SHE ASKED DID THEY VOTE TO CLOSE CROSSINGS IN DUNN WITH THE OVERPASS ISSUE. SHE ADDED THE COUNCIL DID NOT DISCUSS ANYTHING WHEN THEY CAST THEIR VOTE. MRS. WILLIAMS STATED THAT COUNCILMEMBER TART MADE STATEMENTS AT THE DUNN CHAMBER THAT HE HAD ASKED THE CHAMBER TO VOTE ON A LETTER WRITING CAMPAIGN TO KEEP ONE OF THOSE CROSSINGS OPEN. SHE ADDED HIS EXACT WORDS WERE "WE WILL GIVE THEM GRANVILLE". SHE FURTHER STATED SINCE MR TART WAS GIVING A REPORT ON THE CITY COUNCIL, SHE ASSUMES THAT WE MEANS YOU. MS. WILLIAMS STATED THAT MANY OF THE CITIZENS IN THE GRANVILLE COMMUNITY DON'T THINK IT'S THE COUNCILS TO GIVE AWAY. SHE ADDED THERE ARE SAFETY ISSUES WHICH WOULD BE INTENSIFIED BY THE OVERPASS AND SOME WHICH EXIST RIGHT NOW THAT THE COUNCIL HAS REFUSED TO DISCUSS. SHE ASKED THE COUNCIL FOR INPUT OR IDEAS TO CORRECT THE FOLLOWING CONDITIONS: ♦ DUKE STREET - SHE ASKED WHAT DOES THE COUNCIL SUGGEST TO TAKE CARE OF j THE SAFETY PROBLEMS AND ISSUES AT THIS CROSSING. SHE PROVIDED THE COUNCIL WITH PICTURES. ♦ SIGNS -SHE STATED THAT 250 SIGNS HAVE BEEN INSTALLED ON THE RAIL TRAIL. SHE ADDED GRANVILLE STREET IS NOT APPROVED FOR PEDESTRIAN CROSSING SIGNS OR CHILDREN AT PLAY, YET THERE ARE A LOT OF WALKING CITIZENS. ♦ UNSAFE CROSSINGS -SHE STATED THERE IS NOT A DECENT CROSSING FOR WALKING CITIZENS FROM GRANVILLE STREET UNTH. YOU GET TO THE SOUTH SIDE OF BROAD STREET. SHE PROVIDED THE COUNCIL W`TH PICTURES. SHE ADDED THAT WITH TWO MORE CROSSINGS CLOSED, IT WILL CREATE A GREATER DANGER FOR WALKING CITIZENS. 911 ♦ BLIGHTED CROSSINGS -SHE STATED THE CROSSINGS ARE TRASHY AND ARE NOT KEPT UP. SHE ASKED WHY THE COUNCIL DOESN'T REQUIRE THE RAIL DIVISION TO KEEP UP THE RAILROAD PROPERTY. SHE ASKED THE COUNCIL FOR COMMENTS. COUNCILMEMBER SUMNER STATED THAT EACH CROSSING NEEDS TO BE LOOKED AT. COUNCIL ELECTION PROCESS - MARTIN WILLIAMS MANAGER USKIEWICZ STATED THAT MR. WILLLAMS DOES NOT WISH TO SPEAK. MAYOR PRO -TEM WOMBLE STATED THAT STAGGERED ELECTIONS WOULD BE GOOD AND AT A FUTURE MEETING, WOULD LIKE TO ENCOURAGE THE COUNCIL TO HAVE THE CITY ATTORNEY LOOK INTO MAKING STAGGERED ELECTIONS A REALITY. COUNCILMEMBER SUMNER AND TART AGREED. COUNCILMEMBER OLDS COMMENTED ON THE PICTURES PRESENTED BY MRS. WILLIAMS. HE ADDED THESE PICTURES GIVE THE IMPRESSION THAT THE CITY OF DUNN NEEDS TO BE CLEANED UP. HE FURTHER STATED THIS IS A VALID ISSUE. MANAGER USKIEWICZ STATED THAT OCTOBER 26, 2002 IS MAKE A DIFFERENCE DAY AND THE CHAMBER IS ORGANIZING A GROUP TO CLEAN UP THE CITY. HE ADDED THAT HE ALONG WITH MR. GALLION WILL BE ORGANIZING ANOTHER WORKFORCE OF COMMUNITY SERVICE WORKERS AND WILL SHARE THESE PICTURES WITH THESE GROUPS THAT WILL CLEAN UP. COUNCILMEMBER BASS STATED THAT THE RAILROAD NEEDS TO CLEAN UP THE PROPERTY ALONG THE RAILROAD. COUNCILMEMBER TART STATED THAT HE AGREED WITH MR. OLDS AND MRS. WILLIAMS ON THIS POINT OF CLEANUP. HE ADDED THAT MRS. WILLIAMS HAS BEEN BEFORE THE COUNCIL SEVERAL TIME S AND IT IS NOT WHAT YOU SAY TO PEOPLE, BUT HOW YOU SAY IT. HE FURTHER STATED IF IT WAS PRESENTED IN A DIFFERENT MANNER, SHE WOULD FIND A DIFFERENT REACTION FROM THE COUNCIL. HE STATED THAT HE EXPECTED TO BE TREATED WITH RESPECT AND HE WOULD TREAT THEM WITH RESPECT. MOTION BY MAYOR PRO -TEM WOMBLE, SECONDED BY COUNCILMEMBER ROBINSON TO ADD CLOSED SESSION TO TONIGHT'S AGENDA. MOTION UNANIMOUSLY APPROVED. MOTION BY MAYOR PRO -TEM WOMBLE, SECONDED BY COUNCILMEMBER TART TO GO INTO CLOSED SESSION TO DISCUSS A PERSONNEL ISSUE RELATED TO A CITY EMPLOYEE PURSUANT TO N.C.G.S.143- 318.11 AT 8:25 P.M. MOTION UNANIMOUSLY APPROVED. CLOSED SESSION NO ACTION WAS TAKEN DURING CLOSED SESSION. BY UNANIMOUS CONSENT, THE CLOSED SESSION ADJOURNED AT 10:25 P.M. MOTION BY COUNCILMEMBER BASS, SECONDED BY COUNCILMEMBER ROBINSON TO APPROVED THE MINUTES TAKEN BY ATTORNEY TILGHMAN POPE OF THE OCTOBER 3, 2002 CLOSED SESSION. MOTION UNANIMOUSLY APPROVED. MAYOR OUDEH RECONVENED THE REGULAR COUNCIL MEETING AT 10:27 P.M. INFORMATION MAYOR PRO -TEM WOMBLE QUESTIONED MANAGER USKIEWICZ IN REGARD TO THE STATUS OF REPAIR TO THE CITY CABLE CHANNEL. HUMAN RESOURCES /SAFETY OFFICER MOSES GALLION STEPPED FORWARD AND EXPLAINED THE PROBLEMS WITH THE UNIT NOT WORKING, WHICH INCLUDED SENDING IT IN TO BE REPAIRED, UNIT BEING OBSOLETE AND COSTING $1100.00 FOR A REPLACEMENT. MAYOR PRO -TEM WOMBLE RESPONDED THAT $11,000.00 WAS RECENTLY SPENT TO UPGRADE THIS EQUIPMENT LESS THAN A YEAR AGO. HE ASKED MR. GALLION TO CONTACT CITY ATTORNEY POPE TO HELP HIM IF HE COULD NOT GET THE UNIT REPAIRED. COUNCILMEMBER SUMNER ASKED ABOUT THE POSSIBILITY OF INSTALLING A LEFT TURN SIGNAL AT THE INTERSECTION OF BROAD AND NORTH ELLIS. HE ALSO THANKED PUBLIC WORKS PERSONNEL FOR STRIPPING FRIENDLY ROAD. 912 COUNCILMEMBER OLDS STATED THAT HE HAD RECEIVED SEVERAL CALLS FROM RESIDENTS OF BURKE STREET. HE ADDED THEY HAVE REQUESTED A "SPEED LIMIT" SIGN OR "CHILDREN AT PLAY" SIGNS. WITH NO FURTHER BUSINESS TO DISCUSS, THE MEETING WAS ADJOURNED AT 10:30 P.M. `! , ! d #EEE@? ^k S..jr CMMi UDEH MAYOR TTEST: DEBRA G. WEST DEPUTY CITY CLERK SEN- o "'. r ♦♦ e 'f Pf98f 8EF @wE l��