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11072002916 MINUTES CITY OF DUNN DUNN, NORTH CAROLINA THE CITY COUNCIL OF THE CITY OF DUNN HELD A REGULAR MEETING ON THURSDAY, NOVEMBER 7, 2002, AT 7:00 P.M. IN THE DUNN MUNICIPAL BUILDING. PRESENT WAS MAYOR ABRAHAM OUDEH, MAYOR PRO -TEM MICHAEL WOMBLE, COUNCIILMEMBERS TOBY SUMNER, GEORGE ROBINSON, JOEY TART, DONNIE OLDS AND PAUL BASS. ALSO PRESENT WAS CITY MANAGER MICHAEL USKIEWICZ, PUBLIC WORKS DIRECTOR RONNIE AUTRY, CAPTAIN MORRY DENNING, RECREATION DIRECTOR PERRY HUDSON, CHIEF BUILDING INSPECTOR SHANE HUDSON, HUMAN RESOURCES /SAFETY OFFICER MOSES GALLION, FIRE CHIEF AUSTIN TEW, PUBLIC UTILITIES DIRECTOR JOE CAMPBELL, PUBLIC WORKS SUPERINTENDENT THOMAS JERNIGAN, LIBRARIAN DEBORAH MELVIN, FINANCE DIRECTOR RENEE' DAUGHTRY, J 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 7:05 P.M. AND ASKED DONNIE OLDS TO GIVE THE INVOCATION. AFTERWARDS, THE PLEDGE OF ALLEGIANCE WAS REPEATED. CONSENT ITEMS MAYOR OUDEH ASKED IF THERE WERE ANY CONSENT ITEMS THAT COUNCIL WISHED TO PULL FOR FURTHER DISCUSSION. COUNCILMEMBER BASS PULLED #3 (BUDGET AMENDMENTS #17423) FOR DECISION. THE FOLLOWING CONSENT ITEMS WERE CONSIDERED BY COUNCIL. MINUTES - COUNCIL CONSIDERED APPROVAL OF MINUTES OF THE OCTOBER 3, 2002 MEETING. MINUTES- COUNCIL CONSIDERED APPROVAL OF MINUTES OF THE OCTOBER 23, 2002 MEETING. TAX RELEASES/REFUNDS- COUNCIL CONSIDERED APPROVAL OF TAX RELEASES/REFUNDS #27429. (TAX RELEASES/REFUNDS ARE ON FILE IN THE FINANCE OFFICE) REPLACEMENT FRANCHISE BOND - COUNCIL CONSIDERED APPROVAL OF A REPLACEMENT FRANCHISE BOND FOR CHARTER COMMUNICATIONS. VOLUNTARY WATER CONSERVATION - COUNCIL CONSIDERED LIFTING VOLUNTARY WATER CONSERVATION. SAFETY POLICY - COUNCIL CONSIDERED AN AMENDMENT TO THE CITY SAFETY POLICY. MOTION BY COUNCILMEMBER BASS, SECONDED BY COUNCILMEMEER ROBINSON TO APPROVE ALL CONSENT ITEMS WITH THE EXCEPTION OF ITEM #3 (BUDGET AMENDMENTS #17423). MOTION UNANIMOUSLY APPROVED. ITEMS FOR DECISION ALLEY CLOSING 500 BLOCK OF SOUTH MCKAY /SOUTH LAYTON AVENUES BETWEEN WEST POPE AND WEST BAY STREETS MANAGER USKIEWICZ STATED THE ADJOINING PROPERTY OWNERS HAVE SIGNED A PETITION TO CLOSE THE ALLEY IN THE 500 BLOCK OF SOUTH MCKAY /SOUTH LAYTON AVENUES BETWEEN WEST POPE AND WEST BAY STREETS. MOTION BY COUNCILMEMBER TART, SECONDED BY COUNCILMEMBER SUMNER TO PROCEED WITH THE ALLEY CLOSING IN THE 500 BLOCK OF SOUTH MCKAY /SOUTH LAYTON AVENUES BETWEEN WEST POPE AND WEST BAY STREETS. MOTION UNANIMOUSLY APPROVED. (ATTACHMENT #1) MANAGER USKIEWICZ INFORMED THE PUBLIC THAT A PUBLIC HEARING WILL BE HELD AT THE DECEMBER COUNCIL MEETING. PROPERTY INSURANCE RENEWAL MANAGER USKIEWICZ STATED THAT COUNCIL HAD BEFORE THEM THE PROPERTY INSURANCE RENEWAL SUBMITTED BY SNIPES INSURANCE. HE ADDED THAT THE PROPOSAL REFLECTS A 24% INCREASE. HE FURTHER STATED THAT HE RECEIVED A REQUEST ASKING HOW SOME OF THE COST COULD BE REDUCED. 917 MR. USKIEWICZ STATED THAT COST COULD BE REDUCED BY REMOVING VEHICLES BUT ALL THE VEHICLES LISTED WERE ACTIVE AND THE OTHER OPTION WOULD BE TO RAISE THE DEDUCTIBLE FROM $2500.00 TO $5,000.00. HE ADDED THAT CITY STAFF OPPOSED RAISING THE DEDUCTIBLE AND THE COST SAVINGS IS NOT MUCH. HE FURTHER STATED THAT WITH THE 24% INCREASE OVER LAST YEAR, THE PROPOSAL IS $229,535.00. MOTION BY COUNCILMEMBER OLDS, SECONDED BY COUNCH MEMBER SUMNER TO ACCEPT THE PROPOSAL OF $229,535.00 FOR PROPERTY INSURANCE COVERAGE (10/1/02- 10/1/03) AS PRESENTED BY SNIPES INSURANCE. MOTION UNANIMOUSLY APPROVED. (ATTACHMENT #2- BUDGET AMENDMENT #24) WATER PLANT CONSTRUCTION PROJECT CONTRACT CHANGE ORDERS MANAGER USKIEWICZ ASKED CITY ENGINEER, ED POWELL TO STEP FORWARD TO EXPLAIN THE CHANGE ORDERS. MR. POWELL STATED THAT THE EXPANSION PROGRAM AT THE WATER TREATMENT PLANT IS ALL BUT COMPLETED AND THEY ARE IN THE FINAL PROCESS OF CLOSING IT OUT. HE ADDED THAT WHEN THE 2 MILLION DOLLAR GRANT WAS ACCEPTED IN APRIL, 2001, THEY ALSO APPROVED $130,000.00 LINE ITEM FOR CONTINGENCIES IN THE EVENT THEY RUN INTO SOME UNFORESEEN DIFFICULTIES. HE FURTHER STATED THAT BEFORE THE COUNCIL WAS A CHANGE ORDER FOR $58,145.45 ON THE GENERAL CONSTRUCTION AND A CHANGE ORDER FOR $13,738.78 ON THE ELECTRICAL CONSTRUCTION. MR. POWELL STATED THAT THE AMOUNT OF BOTH CHANGE ORDERS IS ABOUT HALF OF WHAT THEY ANTICIPATED AS FAR AS A CONTINGENCY ITEM ON THIS PROJECT. HE ADDED THAT WITH THIS CHANGE ORDER, THEY WILL CLOSE OUT THE PROJECT WITH APPROXIMATELY $70,000.00 SURPLUS AND IN ADDITION, SALES TAX REFUNDS WILL INCREASE THIS LINE ITEM EVEN MORE. MR. POWELL EXPLAINED WHY THE CHANGE ORDERS WERE NEEDED. MAYOR PRO -TEM WOMBLE ASKED MR. POWELL IF ALL THE ITEMS CHANGED WERE NECESSARY TO PROPERLY COMPLETE THE PROJECT TO MEET STATE REQUIREMENTS AND IF EACH ITEM HAS BEEN NEGOTIATED FOR THE BEST INTEREST OF THE CITY. MR. POWELL RESPONDED YES MOTION BY MAYOR PRO -TEM WOMBLE, SECONDED BY COUNCILMEMEER ROBINSON TO APPROVE THE TWO CHANGE ORDERS IN THE AMOUNT OF $71,884.23 FOR THE WATER PLANT CONSTRUCTION PROJECT. MOTION UNANIMOUSLY APPROVED. (ATTACHMENT #3) MR. POWELL THANKED THE COUNCIL AND ENCOURAGED EACH ONE TO GO TO TI-IE WATER PLANT AND LOOK AT THE DIFFERENCE THIS PROJECT HAS MADE. REVIEW OF TAXICAB LIABILITY INSURANCE MANAGER USKIEWICZ STATED THAT D'CARLO TAXICAB IS ASKING COUNCIL TO REVISIT THE DECISION OF THE OCTOBER 23 12D COUNCIL MEETING WITH REGARDS TO THE AMOUNTS OF INSURANCE COVERAGE REQUESTED OF THEM. HE ADDED THAT THE EXISTING A -1 TAXICAB SERVICE HAS TAKEN OUT COVERAGE ON THEIR OWN IN THE AMOUNT OF $100,000.00 - $300,000.00 - $100,000.00. HE FURTHER STATED THAT THE OWNERS OF D'CARLO TAXICAB SERVICE ARE IN THE AUDIENCE SHOULD COUNCIL HAVE QUESTIONS FOR THEM. COUNCILMEMBER OLDS ASKED MANAGER USKIEWICZ IF THE COVERAGE IS ADEQUATE FOR A -1 TAXICAB COMPANY, THEN HE FEELS THE SAME TYPE COVERAGE WOULD BE ADEQUATE FOR D'CARLO TAXICAB. MANAGER USKIEWICZ RESPONDED THAT IS THE RATIONAL THEY ARE STATING. HE STATED THAT A -1 TAXICAB RAISED THEIR COVERAGE ON THEIR OWN. HE ADDED THAT THE CITY'S LEVELS ARE BASED ON STATE STATUTE, WHICH THE COUNCIL DEEMED TO BE TOO LOW AT THE LAST COUNCIL MEETING. HE FURTHER STATED THAT THE REQUEST FROM D'CARLO TAXICAB IS TO SHOW EQUITY AND PARODY IN ASKING FOR A REDUCTION IN THE INSURANCE LIMITS PLACED ON THEM. MAYOR PRO -TEM WOMBLE STATED THAT THE ISSUE REGARDING FAIRNESS WILL BE RESOLVED IN THE PROPOSED CODE AMENDMENT BECAUSE THE PROPOSED CODE AMENDMENT, WHICH IS THE NEXT ITEM ON THE AGENDA WILL STATE WHATEVER INSURANCE THE COUNCIL APPROVES AND WILL BE CONSISTENT WITH ALL COMPANIES. HE ADDED THAT FAIRNESS WILL NOT BE AN ISSUE AFTER THE COUNCIL ADOPTS THE CODE AMENDMENT. HE FURTHER STATED THAT IN RESPONSE TO MR. OLDS, IT IS NOT AN ISSUE AS TO WHAT THE TAXICAB COMPANY FEELS IS ADEQUATE FOR THEM BUT WHAT THE COUNCIL FEELS IS ADEQUATE FOR THIS COMPANY TO OPERATE ON OUR STREETS. 918 MAYOR PRO -TEM WOMBLE STATED THAT THE COUNCIL NEEDS TO DETERMINE IF THE RATES THEY HAVE ESTABLISHED ARE IN EXCESS OF WHAT THEY SHOULD BE RATHER THAN WHAT SOMEBODY CAN PAY FOR OR SOMEBODY ELSE FEELS IS SUFFICIENT. COUNCILMEMBER OLDS STATED HE WOULD LIKE TO KNOW HOW MANY OF THE COUNCILMEMEERS HAVE EXPERIENCE IN SELLING INSURANCE OR TAKING OUT COVERAGE ON ANYTHING OTHER THAN THEIR PERSONAL VEHICLES. HE ADDED THAT HE DOES NOT OPERATE A BUSINESS AND HE DOESN'T KNOW. HE FURTHER STATED THAT HE IS NOT AT LIBERTY TO SAY THAT D'CARLO TAXICAB NEEDS $500,000 NOR THAT A -1 TAXICAB NEEDS $500,000.00. COUNCILMEMBER OLDS STATED THAT AS A STATE EMPLOYEE, HE DOES KNOW THAT $300,000 IS REQUIRED TO TRANSPORT STUDENTS. HE ADDED THAT HE DOES NOT SEE WHERE $500,000 COVERAGE IS NEEDED FOR A TOWN THE SIZE OF DUNN. COUNCILMEMBER TART STATED THAT HE AGREED WITH MR. OLDS, BUT THE SIZE OF THE TOWN IS IRRELEVANT IN THE EVENT OF AN ACCIDENT. HE ADDED THAT THE LETTER RECEIVED FROM D'CARLO TAXICAB COMPANY STATES THAT THEY CANNOT AFFORD $300,000.00. MANAGER USKIEWICZ STATED THAT HE CALLED THE INSURANCE CARRIER FOR D'CARLO TAXICAB AND WAS INFORMED THAT COVERAGE IN THE AMOUNT OF $100,000 - $300,000 - $50,000 WOULD COST AN ADDITIONAL $659.00 PER YEAR. COUNCILMEMBER TART ASKED MANAGER USKIEWICZ IF HE KNEW WHAT THE TOTAL PREMIUM AMOUNT WOULD BE. MR. USKIEWICZ STATED NO. COUNCILMEMBER TART STATED THAT D'CARLO SHOULD NOT BE REQUIRED TO PAY ANYMORE THAN THE OTHER TAXICAB COMPANY. HE ADDED THAT AS THEY AMEND THE CODE, THIS ISSUE WILL BE TAKEN CARE OF. MANAGER USKIEWICZ STATED THAT THE NEW CODE AMENDMENT WOULD TAKE EFFECT WHEN THEIR PRIVILEGE LICENSE EXPIRES IN JUNE OF 2003. HE ADDED THAT BEGINNING JULY 1, 2003, THE NEW CODE AMENDMENT WILL GO INTO EFFECT FOR BOTH PARTIES. HE FURTHER STATED THAT A -1 TAXICAB COMPANY IS COMPLYING WITH STATE STATUTE AND TOOK IT UPON HIMSELF TO ACQUIRE MORE INSURANCE. MR. HENRY MONDS, OWNER OF A -1 TAXICAB COMPANY, STEPPED FORWARD AND STATED THAT HE HAS OPERATED HIS COMPANY IN DUNN FOR THE PAST NINE YEARS AND FEELS HIS COMPANY SHOULD HAVE BEEN INVOLVED WITH THIS ISSUE. HE ADDED THAT THE STATE REQUIRES $25,000.00 - $65,000.00 - $30,000.00. HE FURTHER STATED THAT ✓ HE VOLUNTARY ACQUIRED $100,000 - $300,000 - $100,000 COVERAGE. MR. MONDS STATED THAT THIS COUNCIL MUST NOT WANT A CAB SERVICE IN DUNN. HE ADDED THAT NO ONE CAN AFFORD $500,000 INSURANCE COVERAGE. HE FURTHER QUESTIONED WHY ONE CAB SERVICE IN TOWN SHOULD CARRY $500,000.00 WORTH OF COVERAGE WHEN THERE IS SO MUCH MORE FARM EQUIPMENT ON THE ROADS. MR. MONDS STATED THIS ISN'T FAYETTEVILLE OR GREENSBORO. HE ADDED THAT THE ECONOMY IS BAD AND HE DOESN'T HAVE AS MANY CARS ON THE ROAD AS HE ONCE DID. HE FURTHER STATED THAT TO REQUIRE $500,000.00 WORTH OF COVERAGE IS RIDICULOUS. MR. MONDS STATED THAT HIS INSURANCE AGENT INFORMED HIM HE COULD NOT AFFORD $500,000.00 WORTH OF COVERAGE. HE QUESTIONED THE COUNCIL REQUIRING $500,000.00 TO PROTECT THE CITIZENS YET NOT CONSIDERING THE BUSINESS. HE ADDED THAT HE FELT $100,000 - $300,000 - $100,000 IS APPROPRIATE. COUNCILMEMBER BASS STATED THAT NO ONE WAS QUESTIONING A -1 TAXICAB'S INSURANCE AMOUNTS. MR MONDS STATED THAT HIS POINT IS THAT THE COUNCIL IS JUMPING FROM STATE REQUIREMENTS TO $500,000.00 AND NO COMPANY WILL COME TO DUNN. HE ADDED THAT IF BUSINESS WAS THAT GOOD, MORE TAXICABS WOULD BE HERE. COUNCILMEMBER ROBINSON ASKED MR. MONDS HOW MANY DRIVERS HE HAD. MR. MONDS RESPONDED ONE. HE ADDED HE HAD FOUR CARS. MR. MONDS STATED HE HAD SHOPPED FOR INSURANCE AND SOME WANTED $6,000.00 PER YEAR FOR ONE CAR EXCLUDING COLLISION. HE ADDED THAT DUNN IS NOT AN AREA THAT SHOULD REQUIRE $500,000 WORTH OF COVERAGE. COUNCILMEMBER TART ASKED MR. MONDS IF HE CARRIED COLLISION. MR. MONDS RESPONDED NO, HE COULDN'T AFFORD IT. COUNCILMEMBER TART ASKED MR. MONDS IF HE CARRIED $100,000 - $300,000 - $100,000 COVERAGE. MR. MONDS RESPONDED YES. MR. MONDS STATED THAT TAXICAB INSURANCE IS HIGH. S 919 MOTION BY COUNCILMEMBER TART, SECONDED BY COUNCILMEMBER SUMNER TO AMEND THE PREVIOUS INSURANCE REQUIREMENT FROM $500,000.00 AND ONE MILLION GENERAL LIABILITY TO $100,000.00 - $300,000.00 - $100,000.00 INSURANCE COVERAGE PLACED ON THE GRANTING OF AN OWNER'S PERMIT TO D'CARLO TAXICAB COMPANY, MOTION UNANIMOUSLY APPROVED. COUNCILMEMBER SUMNER APOLOGIZED TO A -1 TAXICAB COMPANY ON BEHALF OF THE COUNCIL FOR NOT CONFERRING WITH HIM ABOUT THIS ISSUE. COUNCILMEMBER TART STATED THAT HE HOPED D'CARLO TAXICAB CAN OPERATE WITH THESE INSURANCE LIMITS. HE ADDED THE COUNCIL IS NOT TRYING TO SET PARAMETERS WHERE BUSINESSES CANNOT OPERATE. MAYOR PRO -TEM WOMBLE ASKED HOW THE POLICY WILL BE SET FOR OTHER CAB COMPANIES. ATTORNEY POPE RESPONDED THIS MOTION JUST ADDRESSED THE D'CARLO TAXICAB OWNER'S PERMIT APPLICATION AND THE NEXT AGENDA ITEM WILL BE AN AMENDMENT TO THE CURRENT ORDINANCE TO ADD THOSE INSURANCE REQUIREMENTS INTO OUR CODE. MAYOR PRO -TEM WOMBLE ASKED IF THE INSURANCE RATES ARE ESTABLISHED BY POLICY SEPARATELY FROM THE CODE AMENDMENT. ATTORNEY POPE RESPONDED YES. MANAGER USKIEWICZ STATED THAT A BRIEF DISCUSSION WILL BE HELD TONIGHT ON THE PROPOSED ORDINANCE AND A PUBLIC HEARING AND ADOPTION OF THE TAXICAB ORDINANCE AMENDMENTS WILL TAKE PLACE AT THE DECEMBER 5, 2002 MEETING. BUDGET AMENDMENTS FINANCE DIRECTOR, RENEE' DAUGHTRY STEPPED FORWARD. COUNCILMEMEER BASS ASKED MS. DAUGHTRY TO EXPLAIN BUDGET AMENDMENT 422 IN THE AMOUNT OF $2500.00. MS. DAUGHTRY RESPONDED THIS APPROPRIATION WAS NECESSARY FOR A $2500.00 MOVING EXPENSE ALLOWANCE FOR THE CHIEF OF POLICE. MAYOR PRO -TEM WOMBLE STATED THAT IF THIS ITEM IS NOT IN THE BUDGET, THEN IT SHOULD HAVE BEEN APPROVED PRIOR TO PAYMENT. MANAGER USKIEWICZ STATED THIS IS AN ITEM OF NEGOTIATION DUE TO AN EXECUTIVE MOVING HERE WITH HIS FAMILY. HE ADDED THERE ARE EXPENSES ASSOCIATED WITH THAT. COUNCILMEMBER BASS STATED THAT HE AGREED WITH MR. WOMBLE BUT AN EXPENSE SUCH AS THIS SHOULD BE APPROVED BEFORE DOING IT. HE ADDED THAT THIS IS AFTER THE FACT AND HE DOESN'T APPROVE OF THAT. MANAGER USKIEWICZ STATEDTHIS WASN'T THE METHOD USED BUT HE WAS NEGOTIATING WITH A TOP CALIBER POLICE OFFICER AND WANTED HIM FOR THIS CITY. HE ADDED HE FELT IT PRUDENT AND APPROPRIATE TO MAKE SUCH AN OFFER. HE FURTHER STATED THAT IF COUNCIL IS GIVING HIM DIRECTIONS THAT IN ALL FUTURE EXECUTIVE HIRING, ALL PACKAGES SHOULD BE APPROVED, THEN POINT IS TAKEN. MAYOR PRO -TEM WOMBLE STATED THAT HE AND MR. BASS ARE CONCERNED THAT MONEY IS BEING SPENT OUTSIDE THE BUDGET. HE ASKED IF MANAGER USKIEWICZ COULD FIND A PLACE WITHIN THE EXISTING BUDGET TO PAY IT. MR. USKIEWICZ RESPONDED YES, HE COULD FIND MONEY WITHIN THE EXISTING BUDGET. COUNCILMEMBER OLDS ASKED WHAT FUNDS CAN THE CITY MANAGER SPEND WITHOUT COUNCIL APPROVAL. MS. DAUGHTRY RESPONDED THE MANAGER CAN RE- APPROPRIATE $500.00 WITHOUT COUNCIL APPROVAL. MAYOR OUDEH ASKED MANAGER USKIEWICZ IF HE COULD FIND $2500.00 IN THE / APPROVED BUDGET. MR. USKIEWICZ RESPONDED YES. COUNCILMEMBER BASS QUESTIONED BUDGET AMENDMENT #23 IN THE AMOUNT OF $2,198.00 FOR REPAIRS TO EXISTING DAMAGE TO THE CITY MANAGER'S CAR. MANAGER USKIEWICZ STATED THAT WHEN THE CONTRACT FOR THE CITY MANAGER WAS APPROVED, IT INCLUDED PROVIDING A VEHICLE. HE ADDED THAT THE VEHICLE HAD TO BE REPAIRED TO SAFELY DRIVE IT. MAYOR PRO -TEM WOMBLE ASKED MANAGER USKIEWICZ IF REPAIR FUNDS COULD BE MOVED FROM THE POLICE DEPARTMENT BUDGET TO ADMINISTRATION'S BUDGET TO COVER THIS COST. MANAGER USKIEWICZ RESPONDED YES. .r 920 MOTION BY COUNCILMEMBER BASS, SECONDED BY MAYOR PRO -TEM WOMBLE TO TABLE THE APPROVAL OF BUDGET AMENDMENTS #22 AND #23 UNTIL THE NEXT COUNCIL MEETING TO ALLOW APPROPRIATIONS TO BE DEDUCTED FROM THE EXISTING APPROVED BUDGET. MOTION UNANIMOUSLY APPROVED. MOTION BY COUNCILMEMBER BASS, SECONDED BY COUNCILMEMBER TART TO APPROVE BUDGET AMENDMENTS #17421. MOTION UNANIMOUSLY APPROVED. (ATTACHMENT #4) MANAGER USKIEWICZ STATED THAT MR. JOE GILES OF BETSY JOHNSON REGIONAL HOSPITAL BOARD OF TRUSTEES HAS REQUESTED TO SPEAK TO THE COUNCIL TONIGHT AND IT WILL TAKE A MOTION FROM THE COUNCIL TO ADD THIS ITEM TO TONIGHT'S AGENDA. MOTION BY MAYOR PRO -TEM WOMBLE, SECONDED BY COUNCILMEMBER OLDS TO ADD MR. JOE GILES OF BETSY JOHNSON REGIONAL HOSPITAL TO THE AGENDA. MOTION UNANIMOUSLY APPROVED. BETSY JOHNSON REGIONAL HOSPITAL BOARD APPOINTMENT MR. JOE GILES MR. JOE GILES STEPPED FORWARD AND STATED THAT HE HAD TALKED TO ALL OF THE COUNCIL. HE ADDED THAT THE ACTIVE MEMBERS OF THE MEDICAL STAFF AT THE HOSPITAL FEEL THEY DO NOT HAVE REPRESENTATION BECAUSE AN ACTIVE STAFF MEMBER IS NOT ON THE BETSY JOHNSON REGIONAL HOSPITAL BOARD OF TRUSTEES. HE FURTHER STATED THAT WITH EXPANSION OF THE HOSPITAL UNDERWAY, NOW MORE THAN EVER THEY NEED A DIRECT PIPELINE TO THE DOCTORS. MR. GILES STATED THEY HAVE TALKED TO THE CITY'S APPOINTMENT, MR. TONY PAUL BEASLEY AND HE HAS GRACIOUSLY AGREED TO STEP DOWN IN HOPES THAT THE COUNCIL WILL APPOINT AN ACTIVE MEMBER OF THE MEDICAL STAFF IN HIS PLACE. HE ADDED THAT WITH MR. BEASLEY'S LETTER OF RESIGNATION, MR. BEASLEY IS HOPEFUL THAT THE CITY WILL MAKE HIM NEXT YEAR'S APPOINTEE TO THE HOSPITAL BOARD. MR. GILES STATED THAT THE COUNCIL HAS BEEN GIVEN A LETTER BY THE ENTIRE HOSPITAL STAFF ASKING THE COUNCIL TO APPOINT DR. BRENT ELMERS TO THE BOARD. COUNCILMEMBER BASS ASKED MR. GILES WHY CAN'T THE HOSPITAL APPOINT MR. TONY PAUL BEASLEY AT THEIR NEXT APPOINTMENT INSTEAD OF THE COUNCIL. MR. GILES STATED THEY WOULD HAVE NO PROBLEM APPOINTING TONY PAUL BEASLEY BUT DUE TO THE RECENT CHANGE OF RULES ALLOWING THE HOSPITAL TO APPOINT TWO TRUSTEE MEMBERS OUTSIDE THE AVERASBORO TOWNSHIP, THEY HAVE APPOINTED ONE MEMBER FROM OUTSIDE THE AVERASBORO TOWNSHIP AND NEXT YEAR THEY WOULD LIKE TO APPOINT A SECOND MEMBER OUTSIDE AVERASBORO TOWNSHIP TO FULLY COMPLIlVIENT THE BOARD. MOTION BY COUNCILMEMBER OLDS, SECONDED BY COUNCILMEMBER WOMBLE TO APPOINT DR. BRENT ELMERS TO FULFIL THE UNEXPIRED TERM OF TONY PAUL BEASLEY ON THE BETSY JOHNSON HOSPITAL BOARD OF TRUSTEES WITH TERM ENDING SEPTEMBER 30, 2007. MOTION UNANIMOUSLY APPROVED. (ATTACHMENT #5) ITEMS FOR DISCUSSION PROPOSED CODE AMENDMENT TAXICAB ORDINANCE MANAGER USKIEWICZ STATED THAT THE PROPOSED CODE AMENDMENT TO THE TAXICAB ORDINANCE WAS ATTACHED FOR COUNCIL REVIEW TO MAKE ANY REVISIONS TONIGHT. HE ADDED THAT A PUBLIC HEARING WILL BE HELD AT THE DECEMBER 5, 2002 MEETING. HE FURTHER STATED THAT ONE CHANGE WILL BE MADE IN THE INSURANCE REQUIREMENT. MAYOR PRO -TEM WOMBLE STATED THAT THE ONLY ITEM HE FOUND THAT NEEDED TO BE ADDED WAS THAT THE APPROVED RATES BE POSTED SO EVERYONE IS CHARGED CORRECTLY. COUNCILMEMBER BASS STATED THAT WE NEED TO MAKE SURE TAXICAB OWNERS ARE AMERICAN CITIZENS OR HAVE APPLIED FOR AMERICAN CITIZENSHIP. PROPOSED WILKINS CEMETERY RELOCATION GERELENE GOODMAN MS. GERELENE GOODMAN STEPPED FORWARD AND STATED SHE WAS BEFORE COUNCIL TO ASK THAT THEY DESIGNATE AND SUPPORT MAKING WILKINS CEMETERY A HISTORICAL SITE IN THE CITY OF DUNN. SHE ADDED THAT WILKINS CEMETERY HAS A LOT OF AFRICAN AMERICAN HISTORY. SHE FURTHER STATED THEY ARE REQUESTING THIS BECAUSE THERE ARE PEOPLE BURIED THERE FROM WWI AND WWII WHICH LEADS r 921 HER TO BELIEVE THAT SOMEONE MAY BE BURIED THAT WAS A CHILD OF A FORMER SLAVE. MS. GOODMAN ASKED THE COUNCIL TO PURSUE WHATEVER STEPS NEED TO BE TAKEN TO MAKE WILKINS CEMETERY A HISTORICAL SITE. SHE ADDED THAT AS BLACK CITIZENS, IT IS NECESSARY TO PRESERVE THIS HISTORY. SHE FURTHER STATED THAT SHE DID NOT UNDERSTAND WHY ALTERNATIVE 2B WAS CHOSEN FOR THE OVERPASS BECAUSE IT WAS FIRST REJECTED. MS. GOODMAN STATED THAT A GROUP HAS STARTED WORKING TO CLEAN UP THE CEMETERY AND INVITED THE MAYOR AND COUNCIL TO VISIT THE CEMETERY ON NOVEMBER 23, 2002 FROM 9:00 AM TO 2:00 PM. MS. GOODMAN THANKED THE COUNCIL. / COUNCILMEMEER OLDS STATED HE WOULD LIKE TO ASK THE COUNCIL WILL THEY REALLY BUILD THE OVERPASS AND HE FINDS IT INTERESTING THAT WHO MADE THE DECISION ABOUT THAT PART OF DUNN LIVE ELSEWHERE AND HE IS THE ONLY COUNCILMEMBER THAT LIVES WITHIN WALKING DISTANCE OF THIS CEMETERY. MR. OLDS STATED WHAT WOULD OCCUR IF THE COUNCIL SENT THE OVERPASS TO CUMBERLAND STREET. HE ADDED HE WOULD LIKE TO KNOW WHY THE RAIL SYSTEM WOULD NOT EVEN CONSIDER CUMBERLAND STREET WITH THE HEAVIEST TRAFFIC FLOW OF 26,000 CARS PER DAY. HE FURTHER STATED THAT CUMBERLAND IS THE MOST LOGICAL SPOT. COUNCII,MEMBER OLDS STATED THAT A LOT OF MEMBERS OF THE CHAMBER OF COMMERCE ENDORSED THIS PROJECT BUT NONE OF THEM ARE HIS NEIGHBORS. HE ADDED HOW COULD THE COUNCIL ENDORSE SOMETHING WITHOUT GIVING CONSIDERATION TO THOSE PEOPLE ASKING FOR CONSIDERATION. HE ADDED THAT THE COUNCIL NEEDS TO ASK THEMSELVES IF THEY REALLY REPRESENT THE CITIZENS OR THEMSELVES. MAYOR OUDEH ASKED WHERE WERE THEY WITH THIS PROJECT. MANAGER USKIEWICZ STATED THAT THE COUNCIL APPROVED AN ALTERNATE ROUTE. HE ADDED THAT IT WILL STILL COME BEFORE COUNCIL TO APPROVE THE CLOSURES THAT WILL BE MADE. STAGGERED ELECTIONS ATTORNEY POPE STATED THAT PURSUANT TO THE REQUEST OF THE COUNCIL AT THE LAST COUNCIL MEETING, HE WAS ASKED TO INVESTIGATE AND REPORT BACK TO THE COUNCIL WHAT PROCEDURES WOULD BE NECESSARY SHOULD THE COUNCIL CHOOSE TO HAVE STAGGERED ELECTIONS TO CHANGE THE WAY THAT WE CURRENTLY ELECT OUR CITY COUNCIL. HE ADDED THAT HE HAS DISCUSSED THE MATTER WITH THE INSTITUTE OF GOVERNMENT AND IT IS NOT NECESSARY TO HAVE AN ACT OF THE LEGISLATURE TO ACCOMPLISH THIS. ATTORNEY POPE STATED THAT STATE STATUES ALLOW THE COUNCIL TO AMEND THE CITY CHARTER BY ORDINANCE. HE ADDED THE PROCEDURE TO FOLLOW WOULD CONSIST OF: 1) THE COUNCIL WOULD ADOPT A RESOLUTION OF INTENT TO CONSIDER AN ORDINANCE TO AMEND OUR CHARTER. 2) IF THE RESOLUTION IS ADOPTED, THEN THERE MUST BE A PUBLIC HEARING WITHIN 45 DAYS AFTER THE ADOPTION OF THE RESOLUTION OF INTENT. THE NOTICE OF PUBLIC HEARING MUST BE PUBLISHED ONCE A WEEK NOT MORE THAN 10 DAYS PRIOR TO THE DATE OF THE PUBLIC HEARING. 3) ADOPTION OF THE ORDINANCE. ATTORNEY POPE STATED THAT IF AN ORDINANCE WAS ADOPTED TO ALLOW STAGGERED ELECTIONS, THE COUNCIL COULD BUT ARE NOT REQUIRED TO LET THE CITIZENS VOTE TO ACCEPT THIS. HE ADDED THAT IF WITHIN 10 DAYS AFTER THE ORDINANCE IS ADOPTED, ENOUGH PEOPLE PETITION THAT IT BE PUT TO A VOTE BY REGISTERED VOTERS IN THE CITY OF DUNN, THEN THE CITIZENS CAN FORCE THAT IT COME TO A VOTE BY THE CITIZENS. ATTORNEY POPE STATED IT WILL REQUIRE APPROVAL OF THE US JUSTICE DEPARTMENT. HE ADDED THAT IF COUNCIL WISHES TO TAKE THIS MATTER INTO CONSIDERATION, A RESOLUTION OF INTENT COULD BE SUBMITTED AT THE DECEMBER MEETING. MAYOR PRO -TEM WOMBLE ASKED ATTORNEY POPE TO PLACE THIS ITEM ON THE DECEMBER AGENDA. FORMER MAYOR WILLIAM MARSHBURN STEPPED FORWARD AND STATED THAT HE WAS THE MAYOR FROM 1965 -1971. HE ADDED THAT THE CITY OF DUNN PREVIOUSLY HAD STAGGERED TERMS. HE FURTHER STATED THIS IS A MAJOR STEP TO TAKE AS A COUNCIL 922 AND HE WOULD HIGHLY RECOMMEND THAT THE COUNCIL TAKE IT TO THE CITIZENS FOR A VOTE. INFORMATION COUNCILMEMBER OLDS STATED THAT HE HAD RECEIVED A REQUEST FROM DAFFORD FUNERAL HOME TO ASK THAT THE COUNCIL HAVE THE NEW EXPANDED SECTION OF RESTHAVEN CEMETERY PAVED- MANAGER USKIEWICZ STATED THEY WILL REVIEW THIS ISSUE. MANAGER USKIEWICZ REMINDED COUNCIL THAT THE HARNETT LOCAL GOVERNMENT ASSOCIATION MEETING WILL TAKE PLACE AT HEATH'S STEAKHOUSE ON NOVEMBER 25, 2002 AT 6:30 PM. HE ADDED THAT IF COUNCIL HAD ANY IDEAS TO GENERATE TO CONTACT CHAIRMAN WOMBLE OR HIMSELF. MOTION BY COUNCILMEMBER OLDS, SECONDED BY MAYOR PRO -TEM WOMBLE TO GO INTO CLOSED SESSION PURSUANT TO N.C.G.S. 143 -318 TO CONSULT WITH THE CITY ATTORNEY TO PRESERVE THE ATTORNEY CLIENT PRIVILEGE ON MATTERS CONCERNING THE PROPOSED CLOSING OF THE DUNN CITY COURT AT 8:30 PM. MOTION UNANIMOUSLY APPROVED. CLOSED SESSION NO ACTION WAS TAKEN DURING CLOSED SESSION. BY UNANIMOUS CONSENT, THE CLOSED SESSION ADJOURNED AT 9:10 P.M. MOTION BY COUNCILMEMBER SUMNER, SECONDED BY COUNCILMEMBER OLDS TO APPROVE THE MINUTES TAKEN BY ATTORNEY TILGHMAN POPE OF THE NOVEMBER 7, 2002 CLOSED SESSION. MOTION UNANIMOUSLY APPROVED. MAYOR OUDEH RECONVENED THE REGULAR COUNCIL MEETING AT 9:12 P.M. WITH NO FURTHER DISCUSSION, THE FOLLOWING BURIAL RIGHTS WERE EXECUTED: 1. BILLY M. & JENNY JOHNSTON AND THEIR HEIRS, LOT 11, BLOCK DD, SPACES 1 -2, MEMORIAL CEMETERY. 2. MR. & MRS. JOHN C. HARRIS AND THEIR HEIRS, LOT 19, BLOCK U, SPACES 1 -8, GREENWOOD CEMETERY. 3. FREDERICK C. SMITH AND HIS HEIRS, LOT 10, BLOCK 13, SPACES 5- 6 -7 -8, RESTHAVEN W/ CEMETERY. 4. JOEANN TAYLOR AND HER HEIRS, LOT 31, BLOCK 15, SPACE 7, RESTHAVEN CEMETERY. 5. ANTHONY GODWIN AND HIS HEIRS, LOT 13, BLOCK 13, SPACE 4, RESTHAVEN CEMETERY. WITH NO FURTHER BUSINESS TO DISCUSS, THE MEETING WAS ADJOURNED AT 9:13 P.M. pE pE!EE i :P - ft� OTJDEH a �s,P o ri MA s d r F 1 ATTEST: `s SEAk- DEBRA G. ST CITY CLERK