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.
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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.
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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.
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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.
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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
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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.
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DEBRA G.
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CITY CLERK