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.
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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
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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.
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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
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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
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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.
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