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12122002923 MINUTES CITY OF DUNN DUNN, NORTH CAROLINA THE CITY COUNCIL OF THE CITY OF DUNN HELD A REGULAR MEETING ON THURSDAY, DECEMBER 12, 2002, AT 7 :00 P.M. IN THE DUNN MUNICIPAL BUILDING. PRESENT WAS MAYOR PRO -TEM MICHAEL WOMBLE, COUNCILMEMEERS TOBY SUMNER, GEORGE ROBINSON, JOEY TART, DONNIE OLDS AND PAUL BASS. ALSO PRESENT WAS CITY MANAGER MICHAEL USKIEWICZ, PUBLIC WORKS DIRECTOR RONNIE AUTRY, POLICE CHIEF TIMOTHY BENWARE, CAPTAIN MORRY DENNING, CAPTAIN RONNIE RADCLIFFE, RECREATION DIRECTOR PERRY HUDSON, CHIEF BUILDING INSPECTOR SHANE HUDSON, CITY PLANNERICODE ENFORCEMENT OFFICER JULIE REID, FIRE CHIEF AUSTIN TEW, PUBLIC WORKS SUPERINTENDENT THOMAS JERNIGAN, LIBRARIAN DEBORAH MELVIN, FINANCE DIRECTOR RENEE', DAUGHTRY, CITY ENGINEER ED POWELL, CITY ATTORNEY P. TILGHMAN POPE, CITY CLERK DEBRA WEST, AND DAILY RECORD REPORTER LISA FARMER MAYOR ABRAHAM OUDEH WAS ABSENT. MAYOR PRO -TEM WOMBLE PRESIDED IN PLACE OF MAYOR OUDEH. INVOCATION MAYOR PRO -TEM WOMBLE OPENED THE MEETING AT 7:00 P.M. AND ASKED JOEY TART TO GIVE THE INVOCATION. AFTERWARDS, THE PLEDGE OF ALLEGIANCE WAS REPEATED. PRESENTATIONS LT. JOHNNY HAWLEY WAS UNABLE TO ATTEND TONIGHT'S MEETING. HE WILL BE PRESENTED WITH A PLAQUE AT THE JANUARY MEETING. MR. ROY V. TEW III REQUESTED TO ADDRESS THE COUNCIL CONCERNING STAGGERED ELECTIONS. MR. TEW STEPPED FORWARD TO ASK THAT THE COUNCIL HOLD A PUBLIC HEARING ON STAGGERED ELECTIONS AT A LATER DATE THAN PLANNED, TO GIVE FAIR TIME FOR PUBLIC COMMENT. HE ADDED THAT THE COUNCIL SHOULD PROCEED CAUTIOUSLY IN CHANGING THE METHOD OF ELECTION THE CITY HAS USED SINCE 1967, WHICH HE ADDED HAS WORKED WELL FOR THE CITY. MAYOR PRO -TEM WOMBLE CLOSED THE REGULAR MEETING AND OPENED PUBLIC HEARINGS AT 7:08 P.M. REZONING REQUEST BESTPROPERTY THE PUBLIC HAS BEEN NOTIFIED THAT ORAL AND WRITTEN COMMENTS WILL BE HEARD AND RECEIVED CONCERNING THE REQUEST BY GENE AND LINDA BEST TO REZONE THE PROPERTY LOCATED ON THE EAST SIDE OF JERNIGAN ROAD (SR1801) MIDWAY BETWEEN US 301 AND HOBSON ROAD IN THE EXTRA TERRITORIAL JURISDICTION OF THE CITY OF DUNN. MANAGER USKIEWIECZ STATED THAT THIS REZONING FROM C -3 TO R -20 WAS APPROVED BY THE PLANNING BOARD. MAYOR PRO -TEM WOMBLE ASKED IF THERE WAS ANYONE PRESENT TO SPEAK FOR OR AGAINST THIS REZONING. MRS. JOY WILLIAMS STEPPED FORWARD AND STATED THAT SHE WASN'T FOR OR AGAINST THIS REZONING BUT WAS CURIOUS THAT THIS PROPERTY APPEARED TO BE IN THE DUNN ERWIN THOROUGHFARE AND IF THESE PROPERTY OWNERS WERE NOTIFIED OF THIS. MAYOR PRO -TEM WOMBLE RESPONDED THAT DURING HIS FIVE YEARS OF EXPERIENCE ON THE PLANNING BOARD, THERE WERE MAPS AND PLANS AVAILABLE FOR CITIZENS TO CHECK SUCH THINGS FOR THEMSELVES AND DOESN'T THINK THE PLANNING BOARD WOULD TAKE ACTION UNLESS THEY HAD SPECIFIC KNOWLEDGE. MAYOR PRO -TEM WOMBLE CLOSED THE PUBLIC HEARING IN REFERENCE TO SAME. CODE AMENDMENT - ARTICLE VI TAXICAB ORDINANCE THE PUBLIC HAS BEEN NOTIFIED THAT ORAL AND WRITTEN COMMENTS WILL BE HEARD AND RECEIVED CONCERNING THE REQUEST BY THE CITY OF DUNN TO AMEND VARIOUS SECTIONS OF ARTICLE VI CITY OF DUNN ORDINANCE FOR TAXICABS. CITY MANAGER USKIEWICZ STATED THAT IN DEALING WITH THE TAXICAB ORDINANCE OVER THE LAST COUPLE OF MONTHS, SOME OF THE LANGUAGE NEEDED TO BE CHANGED. HE ADDED THAT ONE AMENDMENT NEEDS TO BE MADE IN REGARD TO PROPERTY DAMAGE. HE FURTHER STATED THAT THE PROPERTY DAMAGE AMOUNT NEEDS TO BE ADJUSTED FROM $100,000.00 TO $50,000.00. 924 MAYOR PRO -TEM WOMBLE ASKED IF THERE WAS ANYONE PRESENT TO SPEAK FOR OR AGAINST THIS CODE AMENDMENT. HEARING NONE, MAYOR PRO -TEM WOMBLE CLOSED THE PUBLIC HEARING IN REFERENCE TO SAME. ALLEY CLOSING -500 BLOCK OF SOUTH MCKAY AND SOUTH LAYTON AVENUES BETWEEN WEST POPE AND WEST BAY STREETS THE PUBLIC HAS BEEN NOTIFIED THAT ORAL AND WRITTEN COMMENTS WILL BE HEARD AND RECEIVED CONCERNING THE REQUEST TO PERMANENTLY CLOSE THE ALLEY LOCATED IN THE 500 BLOCK OF SOUTH MCKAY AND SOUTH LAYTON AVENUES j BETWEEN WEST POPE AND WEST BAY STREETS. CITY MANAGER USKIEWICZ STATED THAT A PETITION WAS RECEIVED BY ALL PROPERTY OWNERS TO CLOSE THIS ALLEY. MAYOR PRO -TEM WOMBLE ASKED IF THERE WAS ANYONE PRESENT TO SPEAK FOR OR AGAINST THIS ALLEY CLOSING. HEARING NONE, MAYOR PRO -TEM WOMBLE CLOSED THE PUBLIC HEARINGS AND RECONVENED THE REGULAR COUNCIL MEETING AT 7:12 P.M. DEMOLITION OF HOUSE 510 EAST EDGERTON STREET THIS ITEM WAS WITHDRAWN FROM THE AGENDA. PROPERTY OWNERS DEMOLISHED THE HOUSE. CONSENT ITEMS MAYOR PRO -TEM WOMBLE ASKED IF THERE WERE ANY CONSENT ITEMS THAT COUNCIL WISHED TO PULL FOR FURTHER DISCUSSION. THE FOLLOWING CONSENT ITEMS WERE CONSIDERED BY COUNCIL. MINUTES - COUNCIL CONSIDERED APPROVAL OF MINUTES OF THE NOVEMBER 7, 2002 MEETING. BUDGET AMENDMENTS- COUNCIL CONSIDERED APPROVAL OF BUDGET AMENDMENTS I #22423 & #25 - #28. (ATTACHMENT #1) TAX RELEASES/REFUNDS- COUNCIL CONSIDERED APPROVAL OF TAX RELEASES/REFUNDS #30431. (TAX RELEASES/REFUNDS ARE ON FILE IN THE FINANCE OFFICE) ANNUAL CERTIFICATION OF FIREMEN- COUNCIL CONSIDERED APPROVAL OF 2002 ANNUAL CERTIFICATION ROSTER OF FIREMEN. (ATTACHMENT #2) LEASE AGREEMENT - COUNCIL CONSIDERED APPROVAL OF A LEASE AGREEMENT BETWEEN THE CITY OF DUNN PAL PROGRAM AND JOHNNY JACKSON. (ATTACHMENT #3) MOTION BY COUNCILMEMBER OLDS, SECONDED BY COUNCILMEMBER SUMNER TO APPROVE ALL CONSENT ITEMS. MOTION UNANIMOUSLY APPROVED. ITEMS FOR DECISION REZONING REQUEST BEST PROPERTY A REQUEST WAS RECEIVED FROM GENE AND LINDA BEST TO REZONE THE PROPERTY LOCATED ON THE EAST SIDE OF JERNIGAN ROAD (SR1810) MIDWAY BETWEEN US 301 AND HOBSON ROAD IN THE EXTRA TERRITORIAL JURISDICTION OF THE CITY OF DUNN. THIS PROPERTY IS CURRENTLY ZONED C -3 (HIGHWAY COMMERCIAL) AND IS REQUESTED TO BE REZONED R -20 (SINGLE FAMILY DWELLING DISTRICT) FOR THE PURPOSE OF SELLING THE PROPERTY TO CONSTRUCT A RESIDENTIAL HOME. j MOTION BY COUNCILMEMBER OLDS, SECONDED BY COUNCILMEMBER TART TO APPROVE THE REZONING OF THE BEST PROPERTY LOCATED ON THE EAST SIDE OF JERNIGAN ROAD (SR1810) MIDWAY BETWEEN US 301 AND HOBSON ROAD IN THE EXTRA TERRITORIAL JURISDICTION OF THE CITY OF DUNN FROM C -3 TO R -20. MOTION UNANIMOUSLY APPROVED. CODE AMENDMENT - ARTICLE VI TAXICAB ORDINANCE MAYOR PRO -TEM WOMBLE STATED THAT IN A PREVIOUS MEETING, THE COUNCIL HAD APPROVED LIABILITY INSURANCE LIMITS IN THE AMOUNT OF $100,000 - $300,000 - $100,000. HE ADDED THAT THE MAXIUMUM AVAILABLE LIMITS FOR THE PROPERTY DAMAGE IS $50,000.00 WHICH WOULD MAKE THE LIMITS $100,000 - $300,000 - $50,000. 925 MOTION BY COUNCILMEMBER TART, SECONDED BY COUNCILMEMBER ROBINSON TO AMEND THE $100,000 PROPERTY DAMAGE LIMIT TO $50,000.00. MOTION UNANIMOUSLY APPROVED. MOTION BY COUNCILMEMBER BASS, SECONDED BY COUNCILMEMBER ROBINSON TO ADOPT THE CODE AMENDMENT FOR ARTICLE VI TAXICAB ORDINANCE AS PRESENTED. MOTION UNANIMOUSLY APPROVED. (ATTACHMENT #4) ALLEY CLOSING -500 BLOCK OF SOUTH MCKAY AND SOUTH LAYTON AVENUES BETWEEN WEST POPE AND WEST BAY STREETS MAYOR PRO -TEM WOMBLE STATED THAT SHOULD COUNCIL WISH TO PROCEED WITH THE CLOSING OF THIS ALLEY, A RESOLUTION AND ORDER IS ATTACHED FOR COUNCIL CONSIDERATION. HE ADDED THAT ATTACHED IS THE REQUEST FROM THE PROPERTY OWNERS TO CLOSE THE ALLEY ALONG WITH OTHER PERTINENT INFORMATION. MOTION BY COUNCILMEMBER BASS, SECONDED BY COUNCILMEMBER ROBINSON TO APPROVE THE RESOLUTION AND ORDER TO CLOSE THE ALLEY LOCATED IN THE 500 BLOCK OF SOUTH MCKAY AND SOUTH LAYTON AVENUES BETWEEN WEST POPE AND WEST BAY STREETS. MOTION UNANIMOUSLY APPROVED. (ATTACHMENT 45) DEMOLITION OF HOUSE 510 EAST EGERTON STREET THIS ITEM WAS WITHDRAWN FROM THE AGENDA. THE PROPERTY OWNERS TORE DOWN THE HOUSE. PARTF GRANT APPLICATION RECREATION CENTER MANAGER USKIEWICZ STATED THEY ARE TRYING TO SUBMIT THE APPLICATION FOR THE PARKS AND RECREATION TRUST FUND GRANT BEFORE THE JANUARY 31, 2003 DEADLINE. HE ADDED THAT BY SUBMITTING IT EARLY, THERE WILL BE TIME FOR CORRECTIONS, DELETIONS OR ANYTHING ELSE THAT NEEDS TO BE DONE TO QUALIFY FOR THE GRANT. HE ADDED THAT A PUBLIC HEARING WAS HELD ON NOVEMBER 19, 2002 AND A SERIES OF MEETINGS HAVE BEEN HELD WITH VARIOUS GROUPS. HE FURTHER STATED THAT THIS GRANT IS SIMILAR TO THE ONE THAT THE COUNCIL HAS AUTHORIZED ON TWO SEPARATE OCCASIONS. MANAGER USKIEWICZ STATED THEY ARE ASKING FOR COUNCIL'S PERMISSION TO APPLY TO SECURE FUNDING. HE ADDED THIS IS A MATCHING GRANT. COUNCILMEMBER BASS STATED THAT HE UNDERSTOOD THE GRANT IS IN THE AMOUNT OF $250,000.00 IF APPROVED. HE ASKED MANAGER USKIEWICZ HOW THE CITY PLANS TO COME UP WITH $811,225.00 MATCHING FUNDS FOR THIS PROJECT. MANAGER USKIEWICZ RESPONDED THAT RECREATION DIRECTOR HUDSON HAS SOME SUGGESTIONS. RECREATION DIRECTOR HUDSON STEPPED FORWARD AND STATED THAT OBVIOUSLY THEY KNOW MONEY IS TIGHT. HE ADDED THAT A COMMITTEE HAS BEEN FORMED TO LOOK AT OTHER WAYS TO FUND THE RECREATION CENTER. HE FURTHER STATED THAT THIS COMMITTEE WHICH CONSIST OF LOCAL BUSINESS PEOPLE, WILL MEET NEXT WEEK AND THEY FEEL CONFIDENT THAT FUNDS CAN BE RAISED FOR THIS PROJECT. RECREATION DIRECTOR HUDSON STATED THEY ARE LOOKING TO RAISE AS MUCH MONEY TO HELP OFFSET THE COST. HE ADDED THAT IT WILL BE MAY, 2003 BEFORE THEY KNOW IF THE CITY WILL RECEIVE THE GRANT. HE FURTHER STATED THEY HAVE BEEN WORKING WITH RECREATION RESOURCES OUT OF RALEIGH. HE GAVE SOME EXAMPLES OF HOW TO GAIN POINTS FOR THIS GRANT. RECREATION DIRECTOR HUDSON STATED THAT THE COMMITTEE'S GOAL IS TO RAISE $650,000.00. HE ADDED WITH THE $250,000.00 GRANT, IT WILL LEAVE A MATCH OF $250,000.00 FROM THE CITY. CITY MANAGER USKIEWICZ STATED THAT IF THE CITY IS AWARDED THE GRANT IN MAY, 2003, THEY WILL HAVE TWO AND OAB -HALF YEARS IN ORDER TO USE THESE MONIES. HE ADDED THAT FROM THE SURVEY RESULTS RETURNED, RESIDENTS FAVORED ADDITIONAL FEES IN ORDER TO HELP FUND THIS PROJECT. HE FURTHER STATED THEY DO NOT WANT TO GET TO THAT POINT, BUT THERE ARE CREATIVE THINGS THEY CAN LOOK AT. HE STATED THE GOAL IS FOR THE CITY OF DUNN TO GET A RECREATION CENTER THAT IS VIABLE, USABLE AND SAFE. COUNCILMEMEER BASS STATED HE IS ALL FOR THE RECREATION CENTER BUT HE ALSO HAS A LOT OF CONCERN WITH $811,000.00. HE ADDED WITH THE PRESENT ECONOMY, THE CITY IS HAVING TO USE FUND BALANCE TO MEET THEIR CURRENT EXPENSES. ( 1 RECREATION DIRECTOR HUDSON STATED THAT WITH THE CITY MONEY BEING SO TIGHT, HE IS LOOKING AT CORPORATE SPONSORSHIP. INCLUDING NAMING RIGHTS TO EACH 926 PROPOSED BUILDING. HE ADDED THAT HE IS TRYING TO THINK OUTSIDE THE BOX. HE FURTHER STATED THAT EVERYONE WOULD BE FOR THIS IDEA AND IT WOULD BE A WIN - WIN SITUATION IF THEY ACQUIRED OVER A MILLION DOLLAR BUILDING WITH AN INVESTMENT FROM THE CITY OF ONLY $250,000.00. RECREATION DIRECTOR HUDSON STATED THAT THE PROJECT HAS EXPANDED TO INCLUDE THE YOUNG AND OLD. HE ADDED THAT IN THE MEANTIME BETWEEN NOW AND MAY, 2003, HE WILL BE WORKING TO RAISE FUNDS. MAYOR PRO -TEM WOMBLE STATED THAT HE IS A BIG SUPPORTER OF THIS PROJECT. HE ADDED THIS IS THEIR THIRD CONSECUTIVE DEFICIT YEAR AND FEELS IT WILL BE DIFFICULT. HE FURTHER STATED THAT DIRECTOR HUDSON'S ABILITY TO RAISE ADDITIONAL FUNDS WILL BE A KEY PIECE TO MAKING THIS WORK. HE STATED THAT HOPEFULLY, THE ECONOMY WILL TURN AND REVENUES WILL PICK UP. HE ADDED THAT THE CITY'S BUDGET SITUATION THREE YEARS AGO WAS MUCH DIFFERENT. RECREATION DIRECTOR HUDSON STATED THAT THEY STILL HAVE A DETERIORATING BUILDING. HE ADDED THAT BEFORE EACH COUNCILMEMBER IS A COPY OF A STUDY THAT WAS CONDUCTED IN 1995, STATING THAT THE CIVIC CENTER HAD THREE YEARS OF LIFE LEFT. HE FURTHER STATED THAT IF SOMETHING ISN'T DONE, THEN BASICALLY INDOOR ATHLETICS AND PROGRAMS WILL HAVE TO BE CUT OUT. HE STATED THAT THE GYMNASIUM IS USED AND THE GYMNASTICS ROOM IS DEPLORABLE. HE ADDED THAT HE WILL DO ALL HE CAN TO RAISE FUNDS IN THE PRIVATE SECTOR AND CORPORATE SPONSORSHIP. COUNCILMEMEER OLDS STATED THAT PEOPLE HAVE A TENDENCY TO SUPPORT THINGS THEY BELIEVE IN AND HE IS A FIRM BELIEVER THAT THE CITIZENS OF DUNN ARE IN SUPPORT OF A RECREATION CENTER. HE SUGGESTED THAT IF EACH CITIZEN WOULD PLEDGE FIVE DOLLARS, IT WOULD CREATE MONEY FOR THIS PROJECT. HE ADDED THAT JUST THIS WEEK A YOUNG MAN APPROACHED HIM ABOUT THE CURRENT CIVIC CENTER BEING CLOSED AND WANTED A PLACE TO GO TO PLAY BASKETBALL. HE FURTHER STATED THAT BY INVOLVING YOUNG PEOPLE, HE SAW THIS PROJECT BEING ACHIEVED. RECREATION DIRECTOR HUDSON STATED THAT HIS COMMITTEE WILL MEET ON THURSDAY. DECEMBER 19' COUNCILMEMBER BASS ASKED IF THEY APPROVE THIS GRANT, ARE THEY OBLIGATED TO SPEND THIS MONEY IN TWO AND ONE -HALF YEARS. MAYOR PRO -TEM WOMBLE RESPONDED THAT THE ONLY THING THEY ARE DOING TONIGHT IS AUTHORIZING THE APPLICATION FOR THE GRANT AND ONCE IT COMES BACK, THE COUNCIL WILL HAVE THE OPPORTUNITY TO ACCEPT OR REJECT IT THEN. MOTION BY COUNCILMEMBER TART, SECONDED BY COUNCILMEMBER ROBINSON TO AUTHORIZE THE MAYOR TO EXECUTE AND FILE AN APPLICATION ON BEHALF OF THE CITY OF DUNN WITH THE STATE OF NORTH CAROLINA FOR THE PARTF GRANT IN THE AMOUNT OF $250,000.00 WITH A TOTAL PROJECT COST OF $1,061,225.00 AS WELL AS THE 2002 -2003 APPLICATION CERTIFICATION. MOTION UNANIMOUSLY APPROVED. (ATTACHMENT #6) STAGGERED ELECTIONS RESOLUTION OF INTENT MAYOR PRO -TEM WOMBLE YIELDED TO CITY ATTORNEY P. TILGHMAN POPE TO EXPLAIN THE PROCESS OF STAGGERED ELECTIONS. ATTORNEY P. TILGHMAN POPE STATED THAT THE COUNCIL RECEIVED A RESOLUTION OF INTENT TO CONSIDER AMENDING THE CITY OF DUNN CHARTER TO ALLOW STAGGERED ELECTIONS FOR THE DUNN CITY COUNCIL PURSUANT TO N.C.G.S. 160A -102 WHICH IS ON THE AGENDA FOR COUNCIL CONSIDERATION TONIGHT. HE ADDED THIS RESOLUTION OF INTENT WOULD BE THE FIRST STEP IN CONSIDERING AMENDING THE CITY CHARTER TO ALLOW FOR STAGGERED ELECTIONS OF THE DUNN CITY COUNCIL. HE FURTHER STATED THAT SHOULD THE COUNCIL PASS THE RESOLUTION OF INTENT, A PUBLIC HEARING SHALL BE HELD AT THE JANUARY, 2003 MEETING AND THEY CANNOT CONSIDER AN ACTUAL VOTE ON AMENDING THE CHARTER UNTIL THE FEBRUARY, 2003 MEETING. CITY ATTORNEY POPE STATED THAT THE RESOLUTION OF INTENT AS SET FORTH IN THE STATUTE MUST PROVIDE A SUMMARY OF WHAT YOU ARE CONSIDERING. HE ADDED THEY WOULD BE CONSIDERING THAT IN THE YEAR 2003, THREE DISTRICTS WOULD ONLY BE ELECTED TO A TWO YEAR TERM WITH THE REMAINING THREE ELECTED TO A REGULAR FOUR YEAR TERM. HE FURTHER STATED AT THE EXPIRATION OF THE TWO YEAR TERMS, THEN THOSE COUNCIL DISTRICTS WOULD GO BACK TO A REGULAR FOUR YEAR TERM ESTABLISHING STAGGERED ELECTIONS ON ODD NUMBER YEARS, THREE COUNCIL DISTRICTS AT EACH ELECTION. CITY ATTORNEY POPE STATED THE RESOLUTION OF INTENT DOES NOT INCLUDE THE EXACT TEXT OF WHAT WOULD HAVE TO BE PASSED TO AMEND THE CITY CHARTER. HE ADDED THAT WOULD BE PUT FORTH AT THE FEBRUARY MEETING FOR COUNCIL 927 CONSIDERATION SHOULD THIS PROCESS GET TO THAT POINT. HE FURTHER STATED THIS RESOLUTION OF INTENT DOES NOT AUTHORIZE STAGGERED ELECTIONS BUT WOULD ORDER A PUBLIC HEARING FOR JANUARY, 2003 AND THEN A VOTE WOULD BE TAKEN AT THE FEBRUARY, 2003 MEETING TO DETERMINE WHETHER OR NOT THE COUNCIL WANTED STAGGERED ELECTIONS. CITY ATTORNEY POPE STATED AT THE FEBRUARY, 2003 MEETING, THAT VOTE AT COUNCIL DISCRETION, CAN OR CANNOT BE MADE SUBJECT TO A VOTE OF THE CITIZENS. HE ADDED THEY COULD HOLD A REFERENDUM TO APPROVE OR DISAPPROVE COUNCIL ACTIONS IF THEY APPROVE AMENDING THE CITY CHARTER BUT COUNCIL IS NOT REQUIRED TO DO SO. HE FURTHER STATED IF THEY CHOSE NOT TO AND A SUFFICIENT NUMBER OF REGISTERED VOTERS PETITIONED, THEY COULD CALL FOR A REFERENDUM ON COUNCIL'S DECISION IF THEY CHOSE TO AMEND THE CITY CHARTER TO ALLOW FOR STAGGERED ELECTIONS. \ CITY ATTORNEY POPE STATED THE ONLY THING FOR COUNCIL CONSIDERATION TONIGHT IS WHETHER OR NOT THE COUNCIL WANTS TO TAKE THIS MATTER INTO FURTHER CONSIDERATION BY AUTHORIZING A PUBLIC HEARING TO BE HELD AT THE JANUARY MEETING. MAYOR PRO -TEM WOMBLE ASKED CITY ATTORNEY POPE ABOUT THE POSSIBILITY OF CITY ELECTIONS BEING HELD WITH OTHER ELECTIONS ON EVEN NUMBER YEARS INSTEAD OF ODD NUMBER YEARS. ATTORNEY POPE RESPONDED THIS ISSUE COULD BE LOOKED INTO AND THERE COULD BE A POSSIBLITY THAT AS A PART OF AMENDING THE CITY CHARTER TO ALLOW FOR STAGGERED ELECTIONS THAT YOU COULD ALSO TRY PUTTING ELECTIONS ON EVEN YEARS INSTEAD OF ODD YEARS. HE ADDED THAT COUNCIL NEEDS TO KEEP IN MIND THAT ALL OF THIS WOULD HAVE TO BE APPROVED BY THE US JUSTICE DEPARTMENT. MAYOR PRO -TEM WOMBLE STATED THAT THE PURPOSE OF THE RESOLUTION OF INTENT IS TO GIVE THE PUBLIC AN OPPORTUNITY TO COME FORTH AND TO VOICE CONCERNS AND RAISE QUESTIONS FOR COUNCIL TO THINK ABOUT THIS ISSUE. COUNCILMEMBER TART ASKED IF MR. ROY TEW, A MEMBER OF THE BOARD OF ELECTIONS MIGHT HAVE SOME ANSWERS TO THESE QUESTIONS. MR. TEW STEPPED FORWARD AND STATED HE DID NOT KNOW WHY THE CITY'S MUNICIPAL ELECTIONS FALL ON ODD NUMBER YEARS. HE ADDED THAT IF THEY STAGGER TERMS, THE COST TO HOLD ELECTIONS WILL DOUBLE BECAUSE THE EXPENSE IS IN THE PRINTING OF THE BALLOTS AND PAYING THE POLL WORKERS. HE FURTHER STATED THE COUNTY CONDUCTS THE ELECTIONS FOR DUNN AND THEN THE CITY REIMBURSES THE COUNTY FOR THOSE EXPENSES. MAYOR PRO -TEM WOMBLE ASKED MR. TEW IF THERE IS AN ELECTION SOLELY FOR THE CITY OF DUNN, WOULD THE CITY REIMBURSE THE COUNTY FOR THE ENTIRE COST OF THE ELECTION. MR. TEW RESPONDED YES. MAYOR PRO -TEM WOMBLE ASKED MR. TEW IF THE CITY HAD ELECTIONS ON EVEN NUMBER YEARS WHERE OTHER RACES WOULD BE INVOLVED, THEN WOULD THE COMPLETE COST BE REIMBURSED BY THE CITY. MR. TEW RESPONDED HE DID NOT KNOW THE ANSWER TO THAT QUESTION. CITY ATTORNEY POPE STATED THAT THE CITY'S ELECTION IS IN OCTOBER, WHEREAS FEDERAL AND STATE ELECTIONS ARE IN NOVEMBER, BUT HE WOULD HAVE TO LOOK FURTHER INTO THIS ISSUE TO KNOW IF THIS CAN BE CHANGED. COUNCILMEMBER TART STATED THAT HE DID NOT KNOW OF A LOCAL MUNICIPALITY OR COUNTY THAT HOLDS ELECTIONS WITH THE STATES. COUNCILMEMEER OLDS STATED THAT HE WOULD LIKE TO KNOW WHY THE COUNCIL IS CONSIDERING STAGGERED ELECTIONS. HE ADDED HIS UNDERSTANDING IS THAT UNTIL THE YEAR 1967, DUNN HAD STAGGERED ELECTIONS BUT THEN A CHANGE WAS MADE BY SOME GOVERNING BODY TO STOP STAGGERED ELECTIONS. MAYOR PRO -TEM WOMBLE RESPONDED THE REASON HE BROUGHT THIS ISSUE UP THREE YEARS AGO, IS THAT WHEN THE PRESENT COUNCIL CAME INTO OFFICE, WITH THE EXCEPTION OF MS. MCDOUGAL, EVERYONE ON THE BOARD WAS BRAND NEW TO THE COUNCIL. HE ADDED THAT YOU HAD A COMPLETE VACUUM OF EXPERIENCE AND LEADERSHIP FROM THE BOARD. HE FURTHER STATED THAT DECISIONS MADE BY THIS BOARD WOULD PROBABLY HAVE BEEN DIFFERENT IF THEY HAD IT TO DO ALL OVER AGAIN. MAYOR PRO -TEM WOMBLE STATED THAT IT IS VERY IMPORTANT THAT THE BOARD IS NOT COMPLETELY EMPTIED EVERY FOUR YEARS. HE ADDED THAT YOU SHOULD BE ABLE TO LEAVE SOME EXPERIENCE ON THE BOARD. MAYOR PRO -TEM WOMBLE STATED THEY TALK ABOUT THE COST OF HAVING ELECTIONS EVERY TWO YEARS BUT HE COULD POINT TO MORE MONEY THAT COULD HAVE BEEN SAVED HAD SOME EXPERIENCE BEEN RETAINED ON THE BOARD. HE ADDED THAT 928 MONEY COULD HAVE BEEN SAVED HAD EXPERIENCE BEEN RETAINED WHEN DECIDING ON THE BUDGET. COUNCILMEMBER TART STATED THERE ARE NEGATIVES IN HAVING STAGGERED TERMS. HE ADDED THAT IF THE MAYORAL ELECTION IS EVERY FOUR YEARS, THEN THAT MEANS YOU HAVE THREE COUNCILMEMBERS BEING VOTED ON BY THEMSELVES WITHOUT A MAYORAL RACE. HE ADDED THAT MEANS LOW VOTER TURN -OUT. HE FURTHER STATED THAT TO GET AROUND THIS WOULD BE TO COAT -TAIL IT ON A STATE OR FEDERAL ELECTION AND IF THAT CAN'T BE DONE, THEN HE WOULD NOT LIKE STAGGERED ELECTIONS. COUNCILMEMBER TART STATED THAT IT IS NOT FAIR FOR A COUNCILMEMBER TO RUN WITHOUT A MAYORAL RACE GOING ON BECAUSE IT IS TOUGH TO GET CITIZENS OUT TO VOTE EVEN WHEN THERE IS A MAYOR AND COUNCIL RACE AT THE SAME TIME. HE ®� ADDED IT IS UNFORTUNATE WHEN YOU HAVE A VACUUM WHEN EVERYONE IS REPLACED BUT HE DOESN'T THINK THAT HAP ?ENS VERY OFTEM MR. TEW STATED HIS COMMENT IS THAT THE VOTERS KNOW THAT AND REGARDLESS OF WHETHER A BODY IS INEXPERIENCED OR EXPERIENCED, BECAUSE THE FACT OF THE MATTER IS 90% OF THE INCUMBENTS GET RE- ELECTED. HE ADDED THAT VOTERS KNOW HOW LONG SOMEONE HAS SERVED AND WHETHER OR NOT THEY WANT NEW MEMBERS AND DOESN'T SEE THIS AS A REASON FOR STAGGERED ELECTIONS. COUNCILMEMBER BASS STATED THAT HE AGREED WITH MR. WOMBLE THAT THIS PRESENT COUNCIL STRUGGLED, BUT THE CITIZENS OF DUNN MADE THIS CHOICE. HE ADDED THAT HE WOULD LIKE MORE ANSWERS BEFORE CONSIDERING A PUBLIC HEARING. MR. TEW ASKED CITY ATTORNEY POPE WHAT IS THE THRESHOLD FOR A PETITION SHOULD THE COUNCIL CHOOSE TO AMEND THE CHARTER WITHOUT PUTTING IT TO A VOTE FOR THE PEOPLE. MR. POPE RESPONDED 10 PERCENT OF THE REGISTERED VOTERS. MR. TEW STATED THAT ON BEHALF OF THE BOARD OF ELECTIONS, THEY WILL ASSIST THE COUNCIL WITH ANY INFORMATION THEY NEED. MOTION BY COUNCILMEMBER BASS, SECONDED BY COUNCILMEMBER OLDS TO TABLE THIS ISSUE UNTIL FURTHER INFORMATION IS OBTAINED. MOTION DEFEATED 2 -4 AYES NOES ( BASS TART -✓ OLDS ROBINSON SUMNER WOM 3LE COUNCILMEMEER OLDS STATED THAT A PUBLIC HEARING MIGHT AFFORD THE COUNCIL AN OPPORTUNITY TO ISSUE SOME QUESTIONS AND HOPEFULLY GET ANSWERS. MOTION BY COUNCILMEMBER SUMNER, SECONDED BY COUNCILMEMBER OLDS TO ADOPT A RESOLUTION OF INTENT TO HOLD A PUBLIC HEARING AT THE JANUARY MEETING. MOTION TIED 3 -3, AYES NOES OLDS TART SUMNER BASS WOMBLE ROBINSON CITY ATTORNEY POPE STATED THE RESOLUTION OF INTENT WILL BE RE- CONSIDERED AT THE JANUARY MEETING. CHANGE MEETING DATE JANUARY CITY MANAGER USKIEWICZ STATED THAT DUE TO THE NEW YEAR HOLIDAY, A REQUEST WAS RECEIVED FROM SOME COUNCILMEMBERS TO CHANGE THE REGULAR COUNCIL MEETING DATE TO JANUARY 9, 2003. MOTION BY COUNCILMEMBER OLDS,.SECONDED BY COUNCILMEMBER TART TO CHANGE THE REGULAR MEETING DATE FROM JANAURY 2, 2003 TO JANUARY 9, 2003 AT 7:00 P.M. MOTION UNANIMOUSLY APPROVED. COUNCILMEMBER ROBINSON CHRISTMAS BONUS COUNCILMEMBER ROBINSON STATED THAT IN THE PAST, CITY EMPLOYEES RECEIVED A $75.00 CHRISTMAS BONUS AND HE IS ASKING THAT THE COUNCIL CONSIDER GIVING THE EMPLOYEES A BONUS THIS YEAR. 929 MOTION BY COUNCILMEMBER ROBINSON, SECONDED BY COUNCILMEMBER SUMNER TO OFFER CITY EMPLOYEES A CHRISTMAS BONUS IN THE AMOUNT OF $25.00 TO $75.00. MAYOR PRO -TEM WOMBLE ASKED IF THERE WAS ANYMORE DISCUSSION. COUNCILMEMBER OLDS AGREED THAT THE EMPLOYEES DESERVED SOMETHING AND ASKED IF THE CITY HAD ALMOST $10,000.00 WITH THE BUDGET RESTRAINTS AND IF NOT, IS THERE ANOTHER WAY THEY COULD DO SOMETHING FOR THE EMPLOYEES. COUNCILMEMBER BASS STATED THAT IF THE CITY CAN SPEND $7,000.00 ON PLANTING FLOWERS, THEN THE CITY CAN AFFORD TO GIVE THE EMPLOYEES SOMETHING. COUNCILMEMBER ROBINSON STATED THEY HAVE TO LOOK AFTER THESE EMPLOYEES. CITY MANAGER USKIEWICZ STATED THEY MADE AN ADJUSTMENT TO THE FUND BALANCE BASED ON SOME UNANTICIPATED REVENUES RECEIVED. HE ADDED THAT ANY MONEY GIVEN WOULD COME FROM THE FL ND BALANCE. HE SUGGESTED THAT A DAY OFF FOR THE EMPLOYEE MIGHT BE CONSIDERED. MAYOR PRO -TEM WOMBLE STATED THAT THE BEST TIME TO CONSIDER THIS WOULD BE DURING THE PREPARATION OF THE BUDGET. COUNCILMEMBER ROBINSON STATED THAT MONEY CAN BE FOUND WHEN THERE IS SOMETHING THEY WANT TO DO, BUT IT IS SAD WHEN THE CITY EMPLOYEES ARE NOT SUPPORTED. COUNCILMEMBER OLDS STATED THAT IF THE CITY CAN AFFORD THE BONUS, HE WILL SUPPORT IT. HE ADDED THAT AS THE CITY MANAGER SUGGESTED, A DAY OFF MIGHT BE THE CHOICE OF THE EMPLOYEE. COUNCILMEMBER SUMNER STATED THAT A DAY OFF WOULD BE THE SECOND BEST PLAN. MORE DISCUSSION WAS HELD ON GRANTING THE BONUS OR GIVING A DAY OFF. MAYOR PRO -TEM WOMBLE STATED THAT A MOTION WAS ON THE TABLE TO GRANT A BONUS IN THE AMOUNT OF $25.00 TO $75.00. MOTION BY COUNCILMEMBER OLDS, SECONDED BY COUNCILMEMBER ROBINSON TO ^- OFFER AN AMENDMENT TO THE MOTION TO SAY THAT THE EMPLOYEES OF THE CITY BE GIVEN AN OPTION OF TAKING A DAY OFF OR A BONUS OF $50.00. MOTION UNANIMOUSLY APPROVED. MOTION BY COUNCILMEMBER TART, SECONDED BY COUNCILMEMBER BASS TO ADD CLOSED SESSION TO TONIGHT'S AGENDA. MOTION UNANIMOUSLY APPROVED. MOTION BY COUNCILMEMBER BASS, SECONDED BY COUNCILMEMBER ROBINSON TO GO INTO CLOSED SESSION PURSUANT TO N.C.G.S. 143- 318.11 IN ORDER TO PRESERVE THE ATTORNEY CLIENT PRIVILEGE TO DISCUSS A PENDING LAWSUIT ENTITLED JAMES POPE AND JACKIE MORRIS VS MICHAEL USKIEWICZ AT 8:16 PM. MOTION UNANIMOUSLY APPROVED. CLOSED SESSION NO ACTION WAS TAKEN DURING CLOSED SESSION. BY UNANIMOUS CONSENT, THE CLOSED SESSION ADJOURNED AT 9:05 P.M. MOTION BY COUNCILMEMBER SUMNER, SECONDED BY COUNCILMEMBER BASS TO APPROVE THE MINUTES TAKEN BY ATTORNEY TILGHMAN POPE OF THE DECEMBER 12, 2002 CLOSED SESSION. MOTION UNANIMOUSLY APPROVED. MAYORPRO -TEM WOMBLE RECONVENED THE REGULAR COUNCIL MEETING AT 9:06 P.M. COUNCILMEMBER SUMNER THANKED THE CITY FOR THEIR EFFORTS IN CLEANING UP FROM THE RECENT ICE STORM. INFORMATION CITY MANAGER USKIEWICZ STATED THEY ARE WAITING ON THE PRESIDENTIAL DECLARATION AND LOOKING FOR FEDERAL ASSISTANCE. HE ADDED THAT THEY WILL BE MEETING WITH FEMA NEXT WEEK AND WILL BE SECURING BIDS FROM PRIVATE CONTRACTORS TO CLEAN UP THE TOWN. HE FURTHER STATED BY CONTRACTING THE CLEAN -UP, THE COST IS 100% REIMBURSABLE. COUNCILMEMBER ROBINSON THANKED THE MANAGER FOR DEMOLISHING THE HOUSE AT 1021 EAST HARNETT STREET. 930 MAYOR PRO -TEM WOMBLE STATED THAT HE WOULD LIKE THE CABLE CHANNEL UP AND WORKING CORRECTLY. HE ADDED THAT IT WOULD BE NICE TO SEE DIFFERENT DEPARTMENTS GIVE INFORMATION TO THE CITIZENS. CITY MANAGER USKIEWICZ AGREED AND STATED THAT THE CHAMBER WOULD LIKE TO UTILIZE THE CABLE CHANNEL TO SHOW WHAT THE CITY HAS TO OFFER, ESPECIALLY TO AREA TRAVELERS STAYING IN MOTELS. COUNCILMEMBER BASS WISHED EVERYONE A HAPPY HOLIDAY. CITY MANAGER USKIEWICZ REMINDED THE COUNCIL OF THE CHRISTMAS LUNCHEON ON FRIDAY, DECEMBER 20, 2002 FROM 11:30 AM- 1:30 PM AT THE COMMUNITY BUILDING. CITY ATTORNEY P. TILGHMAN POPE STATED THAT TODAY HE RECEIVED AN AMENDED / ORDER FROM CHIEF DISTRICT COURT JUDGE EDWARD MCCORMICK AMENDING HIS PREVIOUS ORDER TO SHUT DOWN ALL COURT IN THE DUNN COURTROOM. HE ADDED THIS PRESERVES DUNN CRIMINAL DISTRICT COURT AND SOME SCHEDULING MODIFICATIONS WILL BE MADE. HE FURTHER STATED THAT OUR POLICE OFFICERS WILL REMAIN IN DUNN ON THE STREETS AND IT ACKNOWLEDGES DUNN AS A STATUTORILY MANDATED SEAT OF COURT AND THE FACILITIES THAT WE ARE PROVIDING FOR OUR CITIZENS ARE MORE THAN ADEQUATE FOR THE PURPOSES OF WHICH WE ARE PROVIDING THEM. COUNCILMEMBER OLDS THANKED CITY ATTORNEY POPE FOR HIS EFFORTS IN REPRESENTING THE CITY OF DUNN. MAYOR PRO -TEM WOMBLE WISHED THE COMMUNITY A HAPPY HOLIDAYS. WITH NO FURTHER DISCUSSION, THE FOLLOWING BURIAL RIGHTS WERE EXECUTED: 1. DAFFORD FUNERAL HOME AND THEIR HEIRS, BLOCK 11, LOT 40, SPACE 4, RESTHAVEN WITH NO FURTHER BUSINESS TO DISCUSS, THE MEETING WAS ADJOURNED AT 9:15 P.M. ' ,�N�nuN q, �.•`� oxTY pp o" 6-14 ORPOg �G MICH IWOMBLE •. F% MAYOR O -TEM kTTEST: DEBRA G. WEST CITY CLERK CEMETERY. 2. GERALDINE CONNELLY AND HER HEIRS, BLOCK 13, LOT 31, SPACE 7, RESTHAVEN CEMETERY. 3. JAMES E. & TINE COLVIN AND THEIR HEIRS, BLOCK 4, LOT 36, SPACES 5- 6 -7 -8, RESTHAVEN CEMETERY. 4. DAFFORD FUNERAL HOME AND THEIR HEIRS, BLOCK 15, LOT 39, SPACE 2, RESTHAVEN CEMETERY. 5. SANDRA ROBINSON AND HER HEIRS, BLOCK 15, LOT 31, SPACES 5 -6, RESTHAVEN CEMETERY. ✓ 6. TERESA MONK AND HER HEIRS, BLOCK 11, LOT 40, SPACE 5, RESTHAVEN CEMETERY. 7. EVANGLINE MCKOY AND HER HEIRS, BLOCK 13, LOT 20, SPACES 7 -8, RESTHAVEN CEMETERY. 8. MARY CLARK AND HER HEIRS, BLOCK 15, LOT 39, SPACES 3 -4, RESTHAVEN CEMETERY. 9. MATTIE MCLEAN AND HER HEIRS, BLOCK 1, LOT 57, SPACES 1 -8, RESTHAVEN CEMETERY. 10. FIRST PRESBYTERIAN CHURCH AND THEIR HEIRS, BLOCK U, LOT 3, SPACES 7 -8, GREENWOOD CEMETERY. 11. DENFORD MILTON STEVENS AND HIS HEIRS, BLOCK A, LOT 44, SPACES 1 =3, GREENWOOD CEMETERY. 12. CHARLES E. & DELOIS WHITMAN AND THEIR HEIRS, BLOCK AA, LOT 10, SPACES 5 -6, MEMORIAL CEMETERY. 13. ROBERT LEE SMITH AND HIS HEIRS, BLOCK AA, LOT 25, SPACES 5 -6, MEMORIAL CEMETERY. 14. IVA TYNDALL GRIFFIN AND HER HEIRS, BLOCK D, LOT 14, SPACES 1 -4, MEMORIAL CEMETERY. (DUPLICATE DEED) 15. IVA TYNDALL GRIFFIN AND HER HEIRS, BLOCK D, LOT 22, SPACES 3 -8, MEMORIAL CEMETERY. (DUPLICATE DEED) WITH NO FURTHER BUSINESS TO DISCUSS, THE MEETING WAS ADJOURNED AT 9:15 P.M. ' ,�N�nuN q, �.•`� oxTY pp o" 6-14 ORPOg �G MICH IWOMBLE •. F% MAYOR O -TEM kTTEST: DEBRA G. WEST CITY CLERK