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06282000574 DUNN CITY COUNCIL CITY OF DUNN, NORTH CAROLINA MINUTES THE CITY COUNCIL OF THE CITY OF DUNN HELD A SPECIAL CALL MEETING ON JUNE 28, 2000 AT 5:00 P.M. IN THE DUNN MUNICIPAL BUILDING. PRESENT WAS MAYOR ABRAHAM OUDEH, MAYOR PRO -TEM MIKE WOMBLE AND COUNCILMEMBERS CAROL'YN MCDOUGAL, GEORGE ROBINSON, TOBY SUMNER AND JOEY TART. ALSO PRESENT WERE CITY MANAGER CARL DEAN, CITY CLERK JOYCE VALLEY, CHIEF BUILDING INSPECTOR RICKY PARSON, FINANCE DIRECTOR RENEE' DAUGHTRY, PUBLIC WORKS DIRECTOR TIM HOLLOMAN, ASSISTANT PUBLIC WORKS DIRECTOR ` JOE CAMPBELL AND DAILY RECORD REPORTER LISA FARMER. COUNCILMEMBER PAUL BASS WAS ABSENT DUE TO BEING ON NATIONAL GUARD DUTY. MAYOR ABRAHAM OUDEH OPENED THE MEETING AT 5:05 P.M. INVOCATION MAYOR OUDEI-I ASKED COUNCILMEMBER TART TO GIVE THE INVOCATION. AFTERWARD, THE PLEDGE OF ALLEGLANCE WAS REPEATED. SOLID WASTE MAYOR OUDEH EXPRESSED APPRECIATION TO THE CITY COUNCIL AND AUDIENCE FOR ATTENDING THIS MEETING. HE STATED THAT HE CALLED THIS MEETING TO DISCUSS THE PROBLEMS WITH RUBBISH PICK -UP WITH REPUBLIC WASTE. HE FURTHER STATED THAT BECAUSE COUNCILMEMBER PAUL BASS IS OUT OF TOWN, HE WOULD LIKE TO DELAY THIS DISCUSSION UNTIL THE NEXT REGULAR MEETING. MAYOR OUDEH STATED THAT HE DID NOT WANT CITIZENS TO THINK THE COUNCIL IS DIVIDED AND THEY ARE ALL WORKING FOR THE CITIZENS OF DUNN. HE ASKED IF THE SOLID WASTE CONTRACT COULD BE EXTENDED FOR ONE MONTH IN ORDER TO DISCUSS THE ISSUE WITH REPUBLIC WASTE. ✓ MAYOR PRO -TEM WOMBLE ASKED MAYOR OUDEH IF HE WAS SUGGESTING THAT THE GARBAGE CONTRACT STAY AS IT IS RIGHT NOW RATHER THAN ENDING COMMERCIAL SERVICE ON JUNE 30TH. ��(:�Si7SZiIinL7j (iLI.`TZi)`[].wowiefaa MAYOR PRO -TEM WOMBLE STATED THAT HE FELT IT WOULD BE A BAD IDEA PRIMARILY BECAUSE LETTERS HAVE BEEN SENT TO COMMERCIAL CUSTOMERS WHO HAVE BEGUN EXECUTING CONTRACTS WITH VARIOUS CONTRACTORS WHO COLLECT WASTE AND TO DELAY AT THIS POINT WOULD MAKE COUNCIL SEEM WISITY - WASHY. HE ADDED THAT HE HAS NOT HEARD ANYTHING AT ALL THAT WOULD MAKE HIM CHANGE HIS ORIG24AL DECISION. MAYOR OUDEI-1 STATED THAT THE PROBLEM IS THAT THE SUBCOMMITTEE MET AND WERE SUPPOSE TO COME BACK TO THE CITY COUNCIL SO THE COUNCIL COULD MAKE A DECISION. MAYOR PRO -TEM WOMBLE STATED THAT THE COMMITTEE WAS FORMED TO MAKE A RECOMMENDATION TO COUNCIL AND THE COMMITTEE WAS TO BRING BACK A RECOMMENDATION TO COUNCIL BUT AT THE SUBSEQUENT BUDGET MEETING WHICH WAS HELD, THE COUNCIL COLLECTIVELY DECIDED TO ELIMINATE THE COMMERCIAL COLLECTION OF GARBAGE AND CONTINUE THE RESIDENTIAL COLLECTION AT $6 PER MONTH. COUNCILMEMBER MCDOUGAL STATED THAT THERE WAS OBVIOUSLY A MISCOMMUNICATION AND ASKED CITY ATTORNEY GODWIN IF COUNCIL COULD �✓ NOT RESCIND A MOTION ONCE APPROVED. CITY ATTORNEY GODWIN RESPONDED THAT AT THE JUNE COUNCIL MEETING, A BID WAS AWARDED TO REPUBLIC WASTE WHO HAS BEEN NOTIFIED. COUNCILMEMBER MCDOUGAL STATED THAT SHE HAS RECEIVED NUMEROUS CALLS CONCERNING THE CHANGE AND HAD RECEIVED A LETTER FROM A LADY WHO HAS BEEN MISTAKENLY CHARGED FOR GARBAGE SERVICE. SHE ADDED THAT SHE FELT THERE WERE SOME INTERNAL PROBLEMS WHICH NEED TO BE WORKED OUT. 575 MAYOR PRO -TEM WOMBLE STATED THAT HE SYMPATHIZES IF SOMEONE HAS BEEN CHARGED INCORRECTLY; HOWEVER, THIS ISSUE IS DIFFERENT FROM THE ONE RELATED TO THE SOLID WASTE CONTRACT. COUNCILMEMBER MCDOUGAL STATED THAT SHE DID NOT. THINK EVERYONE FULLY UNDERSTOOD THE ISSUE THEY WERE VOTING ON CONCERNING THE SOLID WASTE CONTRACT AND SHE CERTAINLY WAS NOT AWARE OF THE INTRODUCTION OF THE SENATE BE-1, BY SENATOR HARRIS. MAYOR PRO -TEM WOMBLE RESPONDED THAT DURING THE BUDGET MEETING, THE MAJORITY OF THE DISCUSSION CONCERNING THE SOLID WASTE CONTRACT TOOK PLACE WITH THE CITY MANAGER AND THE PUBLIC WORKS DIRECTOR. HE ADDED THAT HE IS NOT TRYING TD SWAY WHAT ANY OTHER COUNCILIVIEMBERS FEEL, BUT IT MAKES THE COUNCIL LOOK LESS THAN INTELLIGENT TO MAKE ONE DECISION AND MOBILIZE THE ENTIRE TOWN TO SWITCH WITH THEIR METHOD OF COLLECTION BECAUSE THEY HAVE PROCEEDED WITH THE EXECUTION OF CONTRACTS SINCE THEY RECEIVED LETTERS FROM THE CITY THAT COMMERCIAL SERVICE WOULD BE DISCONTINUED ON JULY 1, 2000. COUNCILMEMBER MCDOUGAL STATED THAT MAYBE COUNCIL WAS WRONG. MAYOR PRO -TEM WOMBLE RESPONDED THAT HE DID NOT FEEL COUNCIL WAS WRONG. HE STATED THAT PERHAPS THE SENATE BILL WHICH WAS INTRODUCED IN THE GENERAL ASSEMBLY WAS BEING CONFUSED AND IT HAS NOTHING TO DO WITH THE SOLID WASTE CONTRACT WHICH WAS APPROVED BY COUNCEL. CITY ATTORNEY GODWIN STATED THAT COUNCIL WAS FREE TO RESCIND THE RESIDENTIAL CONTRACT WITH REPUBLIC WASTE; HOWEVER, THE CITY IS SUBJECT TO BREACH OF CONTRACT AND WHATEVER DAMAGES THAT WOULD BE APPROPRIATE. HE ADVISED COUNCIL THAT THE CITY COULD BE FACING POTENTIAL CIVIL LIABLITY FOR BREACH OF CONTRACT. HE ADDED THAT IF COUNCIL WANTS TO RECONSIDER WHETHER OR NOT TO CONTRACT WITH ANOTHER PROVIDER TO DO COMMERCIAL PICK -UPS, THIS ISSUE CAN BE RE- VISITED BUT THIS IS A SEPARATE ISSUE FROM THE CURRENT DISCUSSION. MAYOR OUDEH STATED THAT COUNCIL IS NOT TRYING TO REVOKE ANY CONTRACT; HOWEVER, HE WANTS THE COUNCIL TO UNDERSTAND WHAT THEY ARE VOTING ON AND PERHAPS A -REPRESENTATIVE FROM REPUBLIC WASTE CAN ADDRESS COUNCIL. MAYOR PRO -TEM WOMBLE STATED THAT THE PROFITS AND LOSSES FROM THE OPERATION ARE IRRELEVENT TO THE DECISION TO DISCONTINUE COMMERCIAL SERVICE. HE ADDED THAT IF THE CITY CAN IMPROVE THE COMMERICAL CUSTOMER'S POSITION IN THE MARKETPLACE WITH REGARD TO COMMERCIAL TRASH COLLECTION BY ALLOWING THEM TO PAY LESS MONEY, THEN THAT IS A SERVICE THE CITY SHOULD PROVIDE. HE ALSO ADDED THAT IF THE CITY CANNOT PROVIDE THAT SERVICE, THE CITY SHOULD NOT BE IN THE COMMERCIAL BUSINESS AT ALL. HE STATED THAT THE ONLY CONTACICS HE HAS HAD HAVE BEEN FROM THE DOWNTOWN CUSTOMERS ABOUT LOCATION OF THE DUMPTSTERS. COUNCILMEMBER MCDOUGAL STATED THAT THERE WOULD BE A PROBLEM IN THE DOWNTOWN AREA BECAUSE ?EOPLE WOULD BEGIN PUTTING TRASH ON THE STREETS IF NO ONE IS RESPONSIBLE FOR THE DUMPSTERS. MAYOR PRO -TEM WOMBLE STATED THAT THE KEY ISSUE IS THAT IF THE COUNCIL CANNOT SAVE THE COMMUNITY MONEY, THE CITY SHOULD NOT BE IN THE COMMERCIAL BUSINESS. COUNCILMEMBER MCDOUGAL STATED THAT THE COMMITTEE APPOINTED BY THE MAYOR DID NOT COME BACK AND REPORT TO COUNCIL. MAYOR PRO -TEM WOMBLE STATED THAT THE THREE PEOPLE WHO COMPRISED THAT COMMITTEE WERE PRESENT AT THE BUDGET MEETING THAT APPROVED THE IDEA OF ENDING COMMERCLAL GARBAGE COLLECTION AND JUST BECAUSE THAT COMMITTEE DID NOT STAND UP AT THE BUDGET MEETING AND MAKE A FORMAL RECOMMENDATION DOES NOT SAY THAT THIS IS AN INVALID DECISION. COUNCILMEMBER MCDOUGAL STATED THAT THERE WAS NO CONTROL OVER THE PRICES AND HER CONCERN WAS THE CONTROL OF THE DOWNTOWN AREA. COUNCILMEMBER TART STATED THAT HE AGREES WITH MAYOR PRO -TEM WOMBLE AND ONCE A CONTRACT IS MADE, IT IS A CONTRACT. 576 COUNCILMEMBER TART ALSO STATED THAT THE PROBLEM WAS WITH COMMERCIAL AND THAT MAYBE THE CURRENT CONTRACTOR WOULD AGREE TO SERVICE OUR CUSTOMERS THROUGH JULY, BUT THE CITY CANNOT DICTATE TO THOSE PEOPLE WHO HAVE GONE OUT TO BID THEIR GARBAGE SERVICE. HE STATED THAT THE ISSUE ABOUT LOCATION IS DIFFERENT FROM THE ISSUE ABOUT PRICING. HE ADDED THAT HE CANNOT DISAGREE WITII WHAT SEEMS TO BE A GOOD BUSINESS PRACTICE WHICH IS TO TAKE THE CITY OUT OF THE COMMERCIAL BUSINESS, COUNCILMEMBER SUMNER STATED THAT THIS STEMS FROM THE MEETING IN WHICH A REPRESENTATIVE FROM REPUBLIC WASTE ADDRESSED COUNCIL r CONCERNING THE DESIRE FROM REPUBLIC WASTE TO BE ABLE TO BID J COMMERCIAL CONTRACTS WITH OTHER COMPANIES WITH CITY OF DUNN CUSTOMERS WHICH IS FREE ENTERPRISE. HE FURTHER STATED THAT COUNCIL DOES NOT NEED THE PRESENCE OF COUNCILMEMBER BASS IN ORDER TO MAKE A DECISION. HE STATED THAT HE WAS CONCERNED ABOUT COMMERCIAL CUSTOMERS WHO HAVE ALREADY GONE OUT AND MADE CONTRACTS WITH COMPANIES TO PICK UP THEIR GARBAGE. CITY MANAGER DEAN STATED THAT THE ONLY CONTRACT THE CITY HAS AWARDED IS FOR RESIDENTIAL SERVICE WHICH HAS NO BEARING ON COMMERCIAL SERVICE. HE ADDED THAT THERE IS NOTHING TO NEGOTIATE ON COMMERCIAL BECAUSE ALL COMMERCIAL CONTRACTORS ARE IN THE OPEN MARKET. MAYOR OUDEH ASKED WHO CONTROLS THE PRICES IN DUNN FOR THE THREE COMPANIES. MAYOR PRO -TEM WOMBLE STATED THAT THE DEPARTMENT OF JUSTICE WOULD BE RESPONSIBLE FOR PRICE -FIXING SHOULD THE PROBLEM OCCUR. CITY ATTORNEY GODWIN STATED THAT COUNCIL CANNOT CONTROL PRIVATE ENTERPRISE. MAYOR PRO -TEM WOMBLE STATED THAT IN DEALING WITH THE CHARGE TO EACH INDIVIDUAL CUSTOMER, HOPEFULLY, THESE CUSTOMERS ARE CALLING INDIVIDUAL CONTRACTORS AND GETTING THE BEST PRICE. HE ADDED THAT A SUBSTANTIAL NUMBER OF CUSTOMERS ARE PAYING TOO MUCH WHICH IS WHY � THIS ISSUE CAME ABOUT. HE REVIEWED THE REVENUES AND EXPENDITURES OF THE COMMERCIAL GARBARGE ACCOUNT AS PRESENTED BY THE FINANCE DEPARTMENT BUT SAID THAT THESE NUMBERS ARE IRRELEVENT BECAUSE THE CITY IS NOT IN THE COMMERCIAL BUSINESS TO MAKE MONEY BUT TO PROVIDE A SERVICE TO THE COMMERCIAL CUSTOMERS IN THE CITY. COUNCILMEMBER ROBINSON ASKED WHAT DECISION WAS MADE BY THE SOLID WASTE COMMITTEE. COUNCILMEMBER SUMNER RESPONDED THAT THERE WAS NO DECISION MADE BY THE SOLID WASTE COMMITTEE AND THE COMMITTEE WAS GIVEN INFORMATION ONLY. HE ADDED THAT THEY WERE ONLY GIVEN FACTS AND FIGURES CONCERNING THE THREE COMPANIES. CITY MANAGER DEAN STATED THAT THE INFORMATION GIVEN TO THE COMMITTEE WAS SUPPLIED TO COUNCIL AT THE BUDGET WORKSESSION ON MAY 18 CITY ATTORNEY GODWIN STATED THAT HE DOES NOT KNOW WHY REPUBLIC WASTE NEEDS TO COME BACK BEFORE COUNCIL. HE ADDED THAT IF COUNCIL DECIDES THEY WANT TO RENEW COMMERCIAL SERVICE, THEN BIDS WOULD BE SUBMITTED FOR THE SERVICE. HE SAID THAT REPUBLIC WASTE WOULD NOT NEED TO COME IN SPECIFICALLY. COUNCILMEMBER TART STATED THAT ONE OF THE PROBLEMS REPUBLIC WASTE WAS HAVING WAS THAT HE COULD NOT EXTEND A CONTRACT AT A LESSER AMOUNT AND REPUBLIC WASTE MAY HAVE ALREADY GIVEN CONTRACTS. PUBLIC WORKS DIRECTOR TIM HOLLOMAN STATED THAT BRENT KIRCHOFF WITH REPUBLIC WASTE WAS PRESENT TO ADDRESS COUNCIL. HE ADDED THAT TWO - THIRDS OF THE COMMERCIAL CUSTOMERS HAVE ALREADY SIGNED A CONTRACT BECAUSE LETTERS WERE SENT TO EACH OF THEM ADVISING THEM THAT THE CITY WOULD DISCONTINUE THE SERVICE ON JULY 1, 2000. HE ALSO STATED THAT IF GARBAGE DOES ACCUMULATE, THE CITY WILL HANDLE THE PROBLEM. COUNCILMEMBER MCDOUGAL ASKED THAT IF FOUR COMPANIES WERE USING ONE DUMPSTER, WHO WOULD BE RESPONSIBLE FOR PAYING THE BILL. 577 PUBLIC WORKS DIRECTOR HOLLOMAN RESPONDED THAT THE BILLING CAN BE HANDLED TWO WAYS, INDIVIDUALLY OR ONE PERSON CAN ASSUME RESPONSIBILITY TO MAKE PAYMENT. COUNCILMEMBER MCDOUGAL ASKED WHAT WOULD HAPPEN TO THE TRASH IF THE DUMPSTER IS LOCKED. PUBLIC WORKS DIRECTOR HOLLOMAN STATED THAT THIS PROBLEM OCCURS NOW AND WOULD BE PICKED UP JUST AS IT IS NOW. HE ALSO STATED THAT THE PERSON WHO WAS BILLED DOUBLE NEVER NOTIFIED THE CITY; HOWEVER, THE PERSON COULD RECEIVE A ONE YEAR REBATE FOR THE GARBAGE SERVICE. BRENT KIRCHOFF WITH REPUBLIC WASTE EXPLAINED THE PRICING FOR DUMPSTERS WHICH IS BASED ON USAGE OF THE DUMPSTER AND THE NUMBER OF CUBIC YARDS OF GARBAGE. AFTER DISCUSSION, PUBLIC WORKS DIRECTOR HOLLOMAN STATED THAT IF A PERSON HAS NO COMMERCIAL GARBAGE SERVICE ON JULY I THE CUSTOMER WILL PROBABLY CALL PUBLIC WORKS AND THESE CASES WILL BE DEALT WITH ON A CASE BY CASE BASIS. MAYOR OUDEH STATED THAT IF THERE IS A PROBLEM JULY 1 THE CITY WILL DEAL WITH THE PROBLEM AND THIS CAN BE DISCUSSED AT THE NEXT COUNCIL MEETING. MAYOR PRO -TEM WOMBLE RESPONDED TO A RECENT LETTER TO THE EDITOR IN THE DAILY RECORD FROM COUNCILMEMBER MCDOUGAL PERTAINING TO DIFFERL'NCES OF BOTH OPINION AND FACT AS TO THE CIRCUMSTATNCES REGARDING A SOLID WASTE LOCAL BILL FOR DUNN, SPONSORED BY STATE SENATOR OSCAR HARRIS. WITH NO FURTHER BUSINESS TO DISCUSS, MAYOR OUDEH ADJOURNED THE MEETING AT 6:15 P.M. l` MAYO ATTEST: VALLEY, CMC CITY CLERK