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.
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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.
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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
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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