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11022000619 DUNN CITY COUNCIL CITY OF DUNN, NORTH CAROLINA MINUTES THE CITY COUNCIL OF THE CITY OF DUNN HELD A REGULAR MEETING ON NOVEMBER 2, 2000 AT 7:00 P.M. IN THE DUNN MUNICIPAL BUILDING. PRESENT WAS MAYOR ABRAHAM OUDEH, MAYOR PRO -TEM MIKE WOMBLE AND COUNCIL MEMBERS PAUL BASS, GEORGE ROBINSON, JOEY TART, TOBY SUMNER AND CAROLYN MCDOUGAL. ALSO PRESENT WAS CITY MANAGER CARL DEAN, PUBLIC WORKS DIRECTOR TIM HOLLOMAN, PUBLIC UTILITIES DIRECTOR JOE CAMPBELL, CITY ENGINEER RANDY MCNEIL, FINANCE DIRECTOR RENEE' DAUGHTRY, POLICE CHIEF PAT GODWIN, CAPTAIN MORRY DENNING, CAPTAIN RONNIE RADCLIFFE, FIRE CHIEF AUSTIN TEW, CITY ATTORNEY BILLY RAY GODWIN, CITY CLERK JOYCE VALLEY, AND DAILY RECORD REPORTER LISA FARMER. MAYOR ABRAHAM OUDEH OPENED THE MEETING AT 7:00 P.M. INVOCATION MAYOR OUDEH ASKED MAYOR PRO -TEM TART TO GIVE THE INVOCATION. AFTERWARD, THE PLEDGE OF ALLEGIANCE WAS REPEATED. MAYOR OUDEH CLOSED THE REGULAR MEETING AT 7:01 P.M. AND OPENED PUBLIC HEARINGS. PUBLIC HEARINGS CONDITIONAL USE PERMIT -MARY B. FLORANCE CITY MANAGER CARL DEAN STATED THAT THE PUBLIC WAS NOTIFIED THAT ORAL AND WRITTEN COMMENTS WOULD BE HEARD AND RECEIVED CONCERNING THE REQUEST BY MARY B. FLORANCE TO OPEN AN IN -HOME DAYCARE AT HER RESIDENCE LOCATED AT 120 HOLLY STREET. HE FURTHER STATED THAT THE PROPERTY IS CURRENTLY ZONED R -10 AND THE PLANNING BOARD MET ON OCTOBER 11, 2000 AND RECOMMENDED APPROVAL OF THIS REQUEST. CITY MANAGER DEAN INFORMED COUNCIL THAT THE PUBLIC HEARING WAS DULY ADVERTISED ON OCTOBER 19, 2000 AND OCTOBER 26, 2000. MAYOR OUDEH ASKED IF THERE WERE ANY COMMENTS FROM THE PUBLIC. HEARING NONE, HE CLOSED THE PUBLIC HEARING IN REFRENCE TO SAME. FINAL PLAT REVIEW GLENEAGLES SUBDIVISION CITY MANAGER DEAN STATED THAT THE PUBLIC WAS NOTIFIED THAT ORAL AND WRITTEN COMMENTS WOULD BE HEARD AND RECEIVED CONCERNING THE FINAL PLAT REVIEW OF GLENEAGLES SUBDIVISION LOCATED OFF THE INTERSECTION OF POWELL AVENUE AND ASHE AVENUE. HE INFORMED COUNCIL. THAT THE PLANNING BOARD MET ON OCTOBER 11, 2000 AND RECOMMENDED APPROVAL OF THIS REQUEST AND T14E PUBLIC HEARING WAS DULY ADVERTISED ON OCTOBER 19, 2000 AND OCTOBER 26, 2000. MAYOR OUDEH ASKED IF THERE WERE ANY COMMENTS FROM THE PUBLIC. DWIGHT SNOW, STATED THAT HE WAS THE ATTORNEY WHO REPRESENTS WELLONS REALTY, INC. AND LEISURE LIVING, INC. HE FURTHER STATED THAT MR. WELLONS WAS REQUESTING THAT COUNCIL APPROVE THE FINAL PLAT FOR THE FIRST TWO PHASES OF THE GLENEAGLES SUBDIVISION. HE ADDED THAT TINS PROJECT IS LOCATED JUST ON THE OTHER SIDE OF THE WESTFIELD SUBDIVISION AND A TREMENDOUS AMOUNT OF WORK HAS BEEN DONE AT THE GLENEAGLES LOCATION. ATTORNEY SNOW STATED THAT COUNCIL HAD BEEN DISTRIBUTED A LETTER FROM MR. WELLONS OF WELLONS REALTY AND LEISURE LIVING COMPANY WHICH HAD LISTED THE FOLLOWING CONDITIONS BY WHICH THE DEVELOPER AND OWNER OF GLENEAGLES SUBDIVISION WOULD ABIDE: 620 1. IN ORDER TO CONFORM TO THE CITY OF DUNN SUBDIVISION REGULATIONS, WELLONS CONSTRUCTION, INC. SHALL POST A SURETY BOND IN THE AMOUNT OF ONE HUNDRED TWENTY -FIVE (125) PERCENT OF THE ESTIMATED COST OF CONSTRUCTION OF THE REMAINING IMPROVEMENTS FOR THE POWELL AVENUE EXTENSION AND GLENEAGLES AVENUE (AS SHOWN ON THAT PLAT RECORDED IN MAP NO. 2000 -631 HARNETT COUNTY REGISTRY) AND THE INGRESS AND EGRESS INTO THE TWO (2) PHASES SHOWN ON THE FINAL PLAT (THE CREST AT GLENEAGLES AND GLENALMOND VILLAS). THIS BOND IS FOR CONCRETE CURB AND ASPHALT: SAID BOND TO BE DELIVERED TO THE CITY MANAGER'S OFFICE ON OR BEFORE MONDAY, NOVEMBER 6, 2000. 2. THE OWNERS OF THE 44.5 MORE /LESS ACRES, NAMELY WELLONS REALTY, INC., AND LEISURE LIVING COMPANY, WILL SUBMIT A PETITION REQUESTING VOLUNTARY ANNEXATION TO THE CITY OF DUNN FOR ITS CONSIDERATION WITH SAID SUBMISSION TO OCCUR ON OR BEFORE DECEMBER 31, 2000. (ATTACHMENT # 1) ATTORNEY SNOW STATED THAT THESE CONDITIONS HAVE BEEN DISCUSSED WITH CITY MANAGER DEAN AND TOLD COUNCIL THAT MR. WELLONS WAS AVAILABLE TO ANSWER ANY QUESTIONS. HEARING NO FURTHER COMMENTS, MAYOR OUDEH CLOSED. THE PUBLIC HEARINGS AND RECONVENED THE COUNCIL MEETING AT 7:06 P.M. CONSENT ITEMS MAYOR OUDEH ASKED COUNCIL IF THERE WERE ANY CONSENT ITEMS THEY WISHED TO DELETE FOR FURTHER DISCUSSION. MAYOR PRO -TEM WOMBLE STATED THAT HE WOULD LIKE TO DELETE THE MINUTES OF OCTOBER 5, 2000 FOR CORRECTION. HEARING NO FURTHER DELETIONS, THE FOLLOWING CONSENT ITEMS WERE CONSIDERED BY COUNCIL: BUDGET AMENDMENTS- COUNCIL CONSIDERED APPROVAL OF BUDGET // AMENDMENTS #38440. (ATTACHMENT #2) 1i TECHNOLOGY APPROPRIATE USE POLICY - COUNCIL CONSIDERED A TECHNOLOGY APPROPRIATE USE POLICY. (ATTACHMENT #3) MOTION BY MAYOR PRO -TEM WOMBLE, SECONDED BY COUNCILMEMBER SUMNER TO APPROVE THE ABOVE CONSENT ITEMS. MAYOR PRO -TEM WOMBLE STATED THAT A CORRECTION SHOULD BE MADE TO THE MINUTES AS FOLLOWS: BOARD APPOINTMENT HOSPITAL - STATEMENT SHOULD READ ".HE (MAYOR PRO - TEM WOMBLE) STATED THAT IF HE WAS THE ONLY MEMBER WHO FEELS THAT THE HOSPITAL BOARD APPOINTMENT SHOULD NOT BE TABLED, COUNCIL CAN MOVE ON WITH THE AGENDA ". WITI•i CORRECTION BEING MADE, MOTION BY MAYOR PRO -TEM WOMBLE, SECONDED BY COUNCILMEMBER TART TO APPROVE THE MINUTES OF THE OCTOBER 5, 2000 COUNCIL MEETING. MOTION UNANIMOUSLY APPROVED. CONDITIONAL USE PERMIT -MARY B. FLORANCE CITY MANAGER DEAN STATED THAT A REQUEST WAS RECEIVED FROM MARY B. FLORANCE TO OPEN AN IN -HOME DAYCARE AT HER RESIDENCE LOCATED AT 120 HOLLY STREET. HE FURTHER STATED THAT .THE PLANNING BOARD MET ON OCTOBER 11, 2000 AND RECOMMENDED APPROVAL OF THIS REQUEST AND THE PUBLIC HEARING WAS HELD THIS EVENING WITH. NO ONE SPEAKING IN i OPPOSITION TO THE REQUEST. MOTION BY COUNCILMEMBER TART, SECONDED BY COUNCILMEMBER MCDOUGAL TO APPROVE THE REQUEST BY MARY B. FLORANCE TO OPEN AN IN- HOME DAYCARE AT HER RESIDENCE LOCATED AT 120 HOLLY STREET. MOTION UNANIMOUSLY APPROVED. 621 FINAL PLAT REVIEW- GLENEAGLES SUBDIVISION CITY MANAGER DEAN STATED THAT A REQUEST WAS RECEIVED FROM WELLON'S REALTY, INC. FOR A FINAL PLAT REVIEW OF GLENEAGLES SUBDIVISION LOCATED OFF THE INTERSECTION OF POWELL AVENUE AND ASHE AVENUE. HE FURTHER STATED THAT THE PLANNING BOARD MET ON OCTOBER 11, 2000 AND RECOMMENDED APPROVAL OF THIS REQUEST AND THE PUBLIC HEARING WAS HELD THIS EVENING. CITY MANAGER DEAN STATED THAT MR. WELLONS HAS PROVIDED A LETTER WHICH OUTLINES THE CONDITIONS AGREED UPON BY WELLONS REALTY AND LEISURE LIVING PURSUANT TO THE APPROVAL OF THE FINAL PLAT BY COUNCIL. CITY ATTORNEY GODWIN ASKED MR WELLONS IF THERE WAS AN ESTIMATED COST OF IMPROVEMENTS IN ORDER TO DETERMINE THE AMOUNT OF THE BONDS. MR. WELLONS RESPONDED THAT HE WOULD BE MEETING WITH THE PUBLIC WORKS DIRECTOR AND THE ENGINEER ON FRIDAY MORNING TO DETERMINE AN AGREEABLE AMOUNT FOR THE BOND. AFTER DISCUSSION, MOTION BY MAYOR PRO -TEM WOMBLE, SECONDED BY COUNCILMEMBER ROBINSON TO APPROVE THE REQUEST FROM WELLONS REALTY FOR A FINAL PLAT REVIEW SUBJECT TO THE RECEIPT OF THE BOND. MOTION UNANIMOUSLY APPROVED. APPLICATION -STATE DEVELOPMENT ZONE CITY MANAGER DEAN STATED THAT PURSUANT TO A CHANGE IN THE' LAW RELATING TO STATE DEVELOPMENT ZONES, THE CITY COUNCIL WILL NEED TO AUTHORIZE THE MAYOR TO REAPPLY FOR THIS DESIGNATION. HE FURTHER STATED THAT THE CITY'S DESIGNATION AS A DEVELOPMENT ZONE PROVIDES INCENTIVES TO ATTRACT INDUSTRY IN BOTH DUNN AND THE SURROUNDING AREA. MOTION BY COUNCILMEMBER MCDOUGAL, SECONDED BY COUNCILMEMBER BASS TO AUTHORIZE THE MAYOR TO REAPPLY FOR THE CITY'S DESIGNATION AS A DEVELOPMENT ZONE. MOTION UNANIMOUSLY APPROVED. CHIPPER TRUCK PURCHASE/FINANCING CITY MANAGER DEAN STATED THAT AS DISCUSSED IN OCTOBER, THE CAB AND CHASSIS OF THE CHIPPER TRUCK USED BY THE STREET DEPARTMENT WAS RENDERED A TOTAL LOSS BY FIRE. HE FURTHER STATED THAT PUBLIC WORKS DIRECTOR TIM HOLLOMAN WAS PROPOSING TO PURCHASE A NEW CAB AND CHASSIS USING THE INSURANCE REIMBURSEMENT AS A DOWN PAYMENT, AND LEASE- PURCHASING THE BALANCE. CITY MANAGER DEAN STATED THAT TRI -POINT FORD SUBMITTED THE LOWEST ESTIMATE FOR THIS EQUIPMENT AT A COST OF $37,351.40 AND INSTALLATION OF THE .DUMP BODY WILL COST APPROXIMATELY $1,825.00. HE FURTHER STATED THAT THE CITY SENT OUT REQUESTS FOR FINANCING PROPOSALS ON OCTOBER 17, 2000 AND THE FOLLOWING PROPOSALS WERE RECEIVED ON FINANCING $29,200.00 FOR THIRTY -SIX MONTHS WITH ANNUAL PAYMENTS IN ARREARS: BANK RATE ANNUAL PAYMENT BB &T 5.79% $10,807.06 CCB 5.89% $10,934.44 CENTURA - 6.04% $10,932.09 FIRST FEDERAL 6.10% $10,944.32 CITY MANAGER DEAN ADDED THAT UPON COUNCIL APPROVAL, THE TRUCK WOULD BE DELIVERED WITHIN SIXTY DAYS AND BUDGET AMENDMENT #37 IS NEEDED TO ALLOCATE FUNDS FOR THE REPLACEMENT OF THE CHIPPER TRUCK. MAYOR OUDEH ASKED IF THERE WERE ANY QUESTIONS OR COMMENTS FROM COUNCIL. COUNCILMEMBER BASS ASKED IF THE CITY NEEDS A CHIPPER TRUCK. HE STATED THAT HE HAS A PROBLEM WITH BORROWING MONEY TO BUY THE TRUCK AND THE CITY NEEDS TO GET WHAT IT CAN BE AFFORDED. CITY MANAGER DEAN ASKED COUNCIL TO REFER TO THE LIST OF EVENTS PREPARED BY PUBLIC WORKS DIRECTOR HOLLOMAN CONCERNING THE CHIPPER TRUCK. 622 AFTER DISCUSSION, MOTION BY COUNCILMEMBER BASS, SECONDED BY COUNCILMEMBER ROBINSON TO TABLE THE PURCHASE OF A CHIPPER TRUCK UNTIL THE PUBLIC WORKS DIRECTOR CAN CHECK AROUND AND GET QUOTES ON SOME USED, LATE MODEL TRUCKS AND BRING BACK BEFORE COUNCIL. MOTION UNANIMOUSLY APPROVED. RESOLUTION- ACCEPTANCE OF STREETS -DUNN HOUSING AUTHORITY CITY MANAGER DEAN STATED THAT NEITHER DARLENE MAYNARD OR PAUL WHITE, OF THE DUNN HOUSING AUTHORITY COULD ATTEND THE MEETING TONIGHT; HOWEVER, HE HAS DISCUSSED WITH THEM THE POSSIBILITY OF DETERMINING WHETHER THERE ARE ANY AVAILABLE FUNDING SOURCES TO BRING THE STREETS INTO COMPLIANCE WITH THE CITY CODE BEFORE THE CITY ACCEPTS THE STREETS. HE RECOMMENDED THAT THIS ITEM BE TABLED FOR THIRTY DAYS IN ORDER TO DETERMINE-ANY AVAILABLE FUNDING. MOTION BY COUNCILMEMBER BASS, SECONDED BY COUNCILMEMBER ROBINSON TO TABLE THIS ITEM UNTIL THE DECEMBER MEETING. MOTION UNANIMOUSLY APPROVED. CHANGE MEETING DATE- DECEMBER CITY MANAGER DEAN STATED THAT BECAUSE THE MAJORITY OF COUNCIL WILL BE ATTENDING THE NATIONAL LEAGUE OF CITIES MEETING THAT WILL BE HELD IN BOSTON FROM DECEMBER 6 -10, 2000, IT WILL BE NECESSARY FOR COUNCIL TO CHANGE THEIR REGULAR COUNCIL MEETING DATE WHICH IS SCHEDULED FOR DECEMBER 7, 2000. MOTION BY COUNCILMEMBER BASS, SECONDED BY COUNCILMEMBER ROBINSON TO CHANGE THE DECEMBER 7, 2000 MEETING DATE TO DECEMBER 11, 2000 AT 6:00 P.M. IN THE DUNN MUNICIPAL BUILDING. MOTION UNANIMOUSLY APPROVED. PETITION- JUNIPER CREEK CITY MANAGER DEAN STATED THAT THE CITY RECEIVED A PETITION REQUESTING THAT THE CITY CLEAN AND SHORE UP THE DITCH BETWEEN WEST DIVINE STREET AND WEST PEARSALL STREET THAT RUNS INTO JUNIPER CREEK. HE ADDED THAT ANOTHER HOMEOWNER HAD CALLED TO SAY THAT HE WOULD LIKE TO HAVE THE DITCH TILED. HE ASKED IF THERE WAS ANYONE PRESENT WHO HAD SIGNED THE PETITION AND NO ONE FROM THE AUDIENCE RESPONDED. MAYOR PRO -TEM WOMBLE STATED THAT IT 1S HIS UNDERSTANDING THAT THERE IS ADDITIONAL WORK THAT NEEDS TO BE DONE AND THIS WOULD ALLOW COUNCIL MORE TIME TO RECEIVE THE ADDITIONAL INFORMATION. RECREATION CITY MANAGER DEAN STATED THAT CECIL `BO" JONES, CHAIRMAN OF THE DUNN RECREATION ADVISORY BOARD, HAS REQUESTED TO ADDRESS THE CITY COUNCIL CONCERNING MOVING THE CURRENT RECREATION DEPARTMENT OFFICES FROM THE CIVIC CENTER TO THE NEW COMMUNITY CENTER HE FURTHER STATED THAT A LETTER WAS RECEIVED FROM DUNN AREA CHAMBER OF COMMERCE PRESIDENT DON WOOD, IN REFERENCE TO THIS REQUEST. CECIL `BO" JONES EXPRESSED APPRECIATION TO COUNCIL FOR ALLOWING HIM TO ADDRESS THEM. HE STATED THAT HE WAS SPEAKING ON BEHALF OF THE DUNN RECREATION ADVISORY BOARD, REQUESTING THAT THE CURRENT RECREATION DEPARTMENT BE ALLOWED TO MOVE FROM ITS PRESENT LOCATION AT THE CIVIC CENTER INTO THE NEW COMMUNITY CENTER HE FURTHER STATED THAT IN THE DAILY OPERATIONS OF THE CIVIC CENTER, MANY PARENTS, INDIVIDUALS AND CHILDREN ARE COMING IN AND OUT OF THIS FACILITY. HE ADDED THAT THIS IS THE OLD ARMORY AND THE BUILDING HAS BEEN THERE SINCE 1930, AND MANY OF THE BATHROOMS ARE NOT USABLE. MR. JONES STATED THAT IT WOULD BE VERY BENEFICIAL FOR THE RECREATION DEPARTMENT TO MOVE INTO THE COMMUNITY CENTER BECAUSE MANY OF THE BALLFIELDS AND MOST EVERYTHING HAS BEEN MOVED TO TART PARK. 623 MR. JONES STATED THAT THERE HAVE BEEN 34 EVENTS TO DATE, THREE OF WHICH SEATED 300 PERSONS AND BUSINESS FEST FILLED THE WHOLE BUILDING. HE ADDED THAT HE UNDERSTANDS THE CONCERNS OF THE CHAMBER, BUT THE ADVISORY BOARD BELIEVES THAT PLACING OFFICES IN THIS FACILITY WOULD BENEFIT THE RECREATION DEPARTMENT. COUNCILMEMBER BASS ASKED HOW MUCH AREA WERE THEY CONSIDERING USING FOR RECREATION OFFICES. RECREATION DIRECTOR HUDSON RESPONDED THAT IT WOULD BE ABOUT ONE - THIRD OF THE BUILDING, LEAVING A SPACE OF 4,018 SQUARE FEET WHICH WOULD SEAT 250 PEOPLE COMFORTABLY. HE FURTHER STATED THAT THE CURRENT LOCATION AT THE CIVIC CENTER DOES NOT HAVE HEAT OR AIR CONDITIONING. HE ADDED THAT THE CIVIC CENTER HAS BEEN A WONDERFUL ADDITION TO THE RECREATION DEPARTMENT, BUT IT IS TIME TO MOVE FORWARD. RECREATION DIRECTOR HUDSON STATED THAT THE BOARD FELT LIKE THIS WOULD BE A GOOD MOVE BECAUSE THEY ARE ALREADY MAINTAINING THE BUILDING, AND BECAUSE IN CUTTING BACK IN THE SIZE THEY COULD ALSO CUT BACK ON THE PRICE OF RENTING THE FACILITY. MAYOR OUDEH ASKED WHAT WOULD IT COST THE CITY TO DIVIDE THE SECTIONS. RECREATION DIRECTOR HUDSON RESPONDED THAT IT IS ESTIMATED TO BE BETWEEN $15,000 AND $20,000, AND IT WOULD BE NOTHING BUT WALLING BECAUSE THE LIGHTING IS ALREADY THERE. HE FURTHER STATED THAT THERE WOULD NEED TO BE SOME ELECTRICAL WORK, TELEPHONE LINES WOULD NEED TO BE INSTALLED, AND THEY ARE LOOKING AT ADDING A MEETING ROOM, HALLWAY AND A RECEPTION AREA. COUNCILMEMBER BASS ASKED IF IT WOULD BE USED ONLY FOR RECREATION OFFICES OR IF IT WOULD BE OPENED FOR BATHROOM FACILITIES WHEN THERE ARE BALLGAMES BEING PLAYED. RECREATION DIRECTOR HUDSON RESPONDED THAT THE BUILDING WILL BE A COMMUNITY CENTER, A LOT LIKE WHAT THE CIVIC CENTER IS NOW, AND ADDED THAT AS THE RECREATION DIRECTOR, I-IE IS LOOKING OUT FOR THE RECREATION DEPARTMENT CONCERNS AND FOR THE BETTERMENT OF THE CHILDREN. HE FURTHER STATED THAT PARENTS ARE SHOCKED AT WHAT THEY ARE SEEING WHENEVER THEY SIGN THEIR CHILDREN UP FOR ACTIVITIES AT THE CIVIC CENTER. COUNCILMEMBER MCDOUGAL ASKED RECREATION DIRECTOR HUDSON IF HE HAD SURVEYED THE COMMUNITY TO FIND OUT THEIR THOUGHTS ON THE MATTER. SHE STATED THAT SHE THINKS THE CITY SHOULD TAKE THE PUBLIC'S OPINION AS A FACTOR. RECREATION DIRECTOR HUDSON STATED THAT A STUDY WOULD BE FINE BUT HE WAS ALMOST POSITIVE THAT MOVING THE OFFICES WOULD MEET WITH THE COMMUNITY'S APPROVAL. MAYOR OUDEH ASKED HOW MANY PEOPLE WORKED WITHIN THE RECREATION DEPARTMENT. RECREATION DIRECTOR HUDSON RESPONDED THAT THERE IS A STAFF OF 6. MAYOR OUDEH ASKED HOW MANY OFFICES WOULD BE AVAILABLE IN THE COMMUNITY BUILDING. RECREATION DIRECTOR HUDSON .RESPONDED THERE WOULD BE THREE OFFICES. r COUNCILMEMBER BASS ASKED IF THERE WOULD BE STAFF AT THE COMMUNITY BUILDING WHENEVER IT WAS OPEN, DAY OR NIGHT. RECREATION DIRECTOR HUDSON RESPONDED YES, AND STATED THAT THERE ARE FUNCTIONS AT NIGHT NOW AT THE COMMUNITY CENTER WHERE THEY HAVE TO SEND SOMEONE OVER THERE. HE FURTHER STATED THAT THE PROBLEM THEY HAVE NOW 1S TRYING TO MAINTAIN THE CIVIC CENTER, THE COMMUNITY CENTER, AND ELEVEN BALLFIELDS. COUNCILMEMBER TART STATED THAT THE COMMUNITY CENTER IS NOT OPEN ALL THE TIME; IT IS OPEN ONLY IF THERE IS A FUNCTION IN THE FACILITY. 624 RECREATION DIRECTOR HUDSON STATED THE HOURS OF OPERATION WOULD BE 8 A.M. TO 5 P.M. UNLESS THERE WAS SOME TYPE OF AFTER HOURS FUNCTION. COUNCILMEMBER BASS ASKED IF SOMEONE WOULD BE INSIDE THE COMMUNITY BUILDING TO MONITOR AND DETER CRIME IF THE FACILITY WAS OPEN. IN THE EVENINGS. RECREATION DIRECTOR HUDSON RESPONDED YES, IF THE COMMUNITY BUILDING WERE OPEN, A MEMBER OF STAFF WOULD BE IN THE FACILITY. MAYOR PRO -TEM WOMBLE STATED THAT HE REALIZES THAT THERE ARE NOT A LOT OF EVENTS THAT REQUIRE THE ENTIRE BUILDING, BUT ONCE THAT SPACE IS TAKEN UP, IT CANNOT BE MADE LARGER AND DESPITE THE PROBLEMS THIS COUNCIL .HAS HAD WITH THAT BUILDING HE REALLY DID NOT WANT TO SEE THAT BUILDING CHANGED, NOR DID HE WANT IT MADE ANY SMALLER. HE ADDED THAT HE UNDERSTANDS AND APPRECIATES THAT THE RECREATION DEPARTMENT IS IN DESPERATE NEED OF OFFICE SPACE AND HE DOES NOT HAVE A PROBLEM WITH USING THE COMMUNITY CENTER TEMPORARILY TO GET THEM OUT OF A BAD SITUATION, BUT THEY NEED TO RESEARCH AND BRING BACK. SOME SUGGESTIONS AT THE NEXT MEETING FOR A TEMPORARY OFFICE. HE ADDED THAT HE THOUGHT THERE WERE SOME GRANTS AND OTHER OPTIONS AVAILABLE THAT WOULD CREATE SOME ADDITIONAL BUILDING OPPORTUNITIES IN THE FUTURE, AND IF RECREATION DIRECTOR HUDSON WOUILD PUT TOGETHER A PROPOSAL THAT WOULD BE TEMPORARY AND NOT PERMANENT, THEN WHENEVER SOMETHING IS PERMANENT, THE CITY CAN HAVE THE COMMUNITY BUILDING BACK. RECREATION DIRECTOR HUDSON STATED THAT HE WANTED TO BEGIN SOME PLAN OF ACTION BECAUSE IT HAS BEEN DISCUSSED FOR SIX MONTHS, AND HE FELT LIKE THIS WOULD BE THE MOST COST EFFECTIVE WAY TO MAKE USE OF THE BUILDING SINCE THEY ALREADY MAINTAIN THE FACILITY. MAYOR OUDEH ASKED IF THERE WAS A PLAN TO DIVIDE THE COMMUNITY CENTER. RECREATION DIRECTOR HUDSON RESPONDED YES. MAYOR OUDEH SUGGESTED THAT THREE MEMBERS OF COUNCIL MEET WITH RECREATION DIRECTOR HUDSON TO DISCUSS AND BRING BACK INFORMATION TO COUNCIL BEFORE A DECISION CAN BE MADE. HE APPOINTED COUNCILMEMBER MCDOUGAL, COUNCILMEMBER TART AND COUNCILMEMBER BASS TO SERVE ON THIS COMMITTEE. MAYOR PRO -TEM WOMBLE STATED THAT WITH HIS SUGGESTION, IN THE LONG TERM, THE RECREATION DEPARTMENT WOULD BE IN A BETTER POSITION WITH LESS MONEY. HE ADDED THAT HE KNOWS THERE ARE A LOT OF NEEDS WITHIN THE RECREATION DEPARTMENT, AND HE SUPPORTS WHAT RECREATION DIRECTOR HUDSON IS TRYING TO DO AND HIS NEEDS WILL NOT GO UNNOTICED. COUNCILMEMBER SUMNER STATED THAT HE KNOWS THERE IS A REAL NEED THERE AND HE HOPES THAT THE COMMITTEE CAN COME UP WITH A PLAN QUICKLY. COUNCILMEMBER ROBINSON ASKED IF THERE WERE ANY OTHER SITES AVAILABLE FOR THESE OFFICES. CITY MANAGER DEAN RESPONDED THAT THE LIBRARY AT THE OLD HARNETT PRIMARY SCHOOL HAS HEAT AND AIR CONDITIONING AND COULD BE A POSSIBILITY. MAYOR OUDEH ASKED IF THERE WERE ANY GRANTS THAT COULD RENOVATE THE CIVIC CENTER TO AVOID LOSING THE BUILDING. MAYOR PRO -TEM WOMBLE STATED THAT HE WOULD LIKE THE CITY TO OBTAIN A GRANT TO BUILD A NEW GYM AND DEMOLISH THE CIVIC CENTER. 625 PARTIAL CLOSING OF PUBLIC ALLEY - PETITION RESOLUTION OF INTENT AND SET PUBLIC HEARING CITY MANAGER DEAN STATED THAT A PETITION WAS RECEIVED REQUESTING THE PARTIAL CLOSING OF THE PUBLIC ALLEYWAY BETWEEN EAST CUMBERLAND AND EAST BROAD STREETS IN THE 500 BLOCK. HE ADDED THAT DUE TO PLANNED DEVELOPMENT IN THE AREA, THIS ISSUE NEEDS TO BE EXPEDITED. COUNCILMEMBER ROBINSON STATED THAT THE ALLEYWAY HAS ONLY BEEN USED FOR DRUGS AND DRINKING AND HAS NOT BEEN KEPT UP. CITY MANAGER DEAN STATED THAT IF COUNCIL WISHES TO ADD THIS ITEM TO ITEMS FOR DECISION, THEY COULD GO AHEAD AND ADVERTISE IT, AND IT WOULD BE CONSIDERED FOR PUBLIC HEARING AT THE NEXT COUNCIL MEETING. MOTION BY COUNCILMEMBER BASS, SECONDED BY COUNCILMEMBER ROBINSON TO MOVE THIS ITEM TO DECISION AND APPROVE A RESOLUTION OF INTENT FOR THE PARTIAL CLOSING OF THE PUBLIC ALLEY BETWEEN EAST CUMBERLAND AND EAST BROAD STREETS IN THE 500 BLOCK AND SET A PUBLIC HEARING FOR DECEMBER 11, 2000 AT 6:00 P.M. MOTION UNANIMOUSLY APPROVED. (ATTACHMENT #4) FIRE STATION EXPANSION CITY MANAGER DEAN STATED THAT IN THE LAST BUDGET WORKSESSION, COUNCIL DISCUSSED DEVELOPMENT OF SOME SLEEPING QUARTERS WITHIN THE FIRE DEPARTMENT AND YIELDED TO FIRE CHIEF TEW TO PRESENT SOME PRELIMINARY ESTIMATES INVOLVING EXPANSION OF THE FIRE STATION TO CONSTRUCT ADDITIONAL SPACE FOR SLEEPING FACILITIES. CHIEF TEW STATED THAT HE CONTACTED AN ARCHITECT FIRM WHO HAS SUGGESTED USING THE COSTS OF THE FIRE STATION THEY MOVED INTO IN 1997 AND ADDING AN INCREASE FACTOR OF 6% PER YEAR OR FOR BUDGETARY PURPOSES, APPROXIMATELY $95.00 A SQUARE FOOT OR $458,850.00. HE FURTHER STATED THAT AN ADDITION TO THE NEW FIRE STATION, STATION 2 BEHIND THE PGGLY WIGGLY, WOULD PROVIDE A GROSS SQUARE FOOTAGE OF 4,200 AND TO ADD TO FIRE STATION STATION 1, LOCATED ON POWELL AVENUE, WOULD BE AN ADDITIONAL 3,747 SQUARE FEET. " HE ADDED THAT CITY ENGINEER POWELL IS TALKING WITH TWO DIFFERENT FIRMS TO TRY TO OBTAIN A GRANT TO COVER 100% OF THE COST OR A PORTION THEREOF. COUNCILMEMBER ROBINSON STATED THAT COUNCIL NEEDS TO FIND OUT IF A GRANT CAN BE OBTAINED BEFORE A DECISION CAN BE MADE. CHIEF TEW STATED THAT THIS WAS PRESENTED FOR DISCUSSION ONLY, JUST TO LET COUNCIL KNOW WHERE THEY ARE GOING. HE ADDED THAT A GRANT WAS NOT AVAILABLE AT THE TIME OF CONSTRUCTION OF STATION 2. MAYOR OUDEH ASKED HOW LONG WOULD IT BE BEFORE THEY KNOW WHETHER THEY CAN RECEIVE A GRANT FOR THIS. CHIEF TEW RESPONDED IN ABOUT 2 OR 3 DAYS. HE ADDED THAT HE SHOULD HAVE AN ANSWER AT THE DECEMBER COUNCIL MEETING. MAYOR OUDEH SUGGESTED THAT COUNCIL TABLE THIS ITEM UNTIL THE NEXT MEETING AT WHICH TIME THERE WILL BE MORE INFORMATION AVAILABLE. MAYOR PRO-TEM WOMBLE ASKED IF IT HAD BEEN DETERMINED WHETHER THEY MUST HAVE FACILITIES FOR A 24 -HOUR STAFF. FIRE CHIEF TEW RESPONDED THAT THERE ARE 27 PEOPLE, FOUR FULL -TIME AND THE OTHER TWENTY -THREE ARE. VOLUNTEERS. HE STATED THAT OVER HALF OF THE VOLUNTEERS WORK OUT OF TOWN. HE FURTHER STATED THAT THEY ARE PROPOSING A FACILITY THAT WILL HOUSE 24 -HOUR PEOPLE, EVEN THOUGH THEY WILL NOT HAVE 24 -HOUR PEOPLE THERE. HE ADDED THAT THEY ARE LOOKING AT ADDING PART -TIME EMPLOYEES WHO DO NOT RECEIVE INSURANCE AND RETIREMENT BENEFITS AND WORKING THEM FROM 6:00 P.M. TO 6:00 A.M. AND ALL DAY ON SATURDAY AND SUNDAY. HE FURTHER STATED THAT RIGHT NOW, THEIR RESPONSE TIME IS BETWEEN 8 AND 9 MINUTES FROM THE TIME THEY ARE DISPATCHED UNTIL THEY ARE ON THE SCENE AND THEY WANT TO CUT THAT BACK TO 5 OR 6 MINUTES. 626 DUNN -ERWIN RAILROAD PROPOSAL' CITY MANAGER DEAN STATED THAT MR. CRAIG MARKS HAD REQUESTED TO BE ADDED TO THE AGENDA CONCERNING THE DUNN -ERWIN RAILROAD PROPOSAL. MR. AL SCHLEYER, REPRESENTING MR CRAIG MARKS, EXPRESSED APPRECIATION TO COUNCIL FOR ALLOWING HIM TO ADDRESS THEM CONCERNING WHAT THEY HOPE TO BE THE DUNN -ERWIN RAILROAD. HE STATED THAT CITY MANAGER DEAN HAS PROVIDED COUNCIL WITH INFORMATION PACKETS WHICH INCLUDE SEVERAL SLIDES THAT COUNCIL CAN REVIEW FOR MORE DETAILS. MR. SCHLEYER STATED THAT TWO YEARS AGO, THE RAILROAD THAT RUNS BETWEEN ERWIN AND DUNN WAS ABANDONED BY CSX IN HOPES THAT SOMEONE WOULD RUN THE RAILROAD. HE FURTHER STATED THAT THEY ARE LOOKING TO ENHANCE WHAT CSX HAS. HE ADDED THAT THIS IS NOT BEING PROPOSED BY PEOPLE FROM OUT OF STATE; IT IS BEING PROPOSED BY PEOPLE WHO LIVE IN THE COMMUNITY AND HAVE .PUT THEIR OWN PERSONAL FINANCES AND RESOURCES AT STAKE. MR. SCHLEYER STATED THAT THERE ARE SOME KEY POINTS THAT NEED TO BE CONSIDERED. HE FURTHER STATED THAT THE RIGHT -OF -WAY HAS COME UNDER THE CONTROL OF THE RAILS TO TRAILS FOUNDATION, A NON - PROFIT GROUP THAT TAKES OVER ABANDONED RAIL CORRIDORS WITH THE INTENDED PURPOSE OF TURNING THEM INTO RECREATIONAL TRAIL FACILITIES, AND CONCURRENTLY SAVING THE CORRIDOR FOR FUTURE RAIL USE. HE STATED THAT MR. CAPEHART, WHO IS THE REPRESENTATIVE FOR THE FOUNDATION, HAS GIVEN A ONE -SIDED PICTURE OF' THE ADVANTAGES OF HAVING THIS TRAIL AND HAVING THESE RAILS PICKED UP. HE FURTHER STATED THAT MR. CAPEHART SAYS THE TRACKS WILL BE TAKEN UP BUT THE, RIGHT OF WAY IS ALWAYS THERE IF YOU EVER NEED IT. HE ADDED THAT THERE ARE TWO PROBLEMS WITH THAT; RIGHT N W TRACKS IN THE GROUND ARE GRANDFATHERED IN, AND THE RAILROAD CAN STAY THERE AS LONG AS IT IS MAINTAINED; BUT IF THE RAILROAD IS PICKED UP, IT MUST BE BUILT BACK TO CURRENT CLASS I STANDARDS WHICH WOULD BE $1,000,000 PER MILE AND THIS WOULD BE ULTIMATELY IMPOSSIBLE. HE ADDED THAT THE RAILS TO TRAILS ORGANIZATION HAS LEFT THE IMPRESSION THAT THEY WILL MAINTAIN THIS FACILITY ONCE IT IS PUT IN AND THIS IS NOT CORRECT. HE STATED THAT THE RAIL TO TRAILS GROUP DEPENDS ON AN ARMY OF VOLUNTEERS WHO WILL COME OUT ON THE WEEKENDS AND RAKE AND USE PRIVATE BULLDOZERS WHEN IT WASHES OUT TO GRADE IT. HE ADDED THAT IT IS A MAINTENANCE COST THAT DEPENDS ON VOLUNTEER LABOR AND IN MANY COMMUNITIES, THAT HAS NOT WORKED. HE FURTHER STATED THAT NOTHER THING RAILS TO TRAILS SAYS IS THAT THEY WILL BE GLAD TO RETURN THE TRACKS AND THIS IS NOT TRUE. MR. SCHLEYER STATED THAT OF THE I ,0000 MILES OF RIGHT- OF-WAY THAT HAS BEEN DEEDED, ONLY ONE PART IN BALTIMORE, MARYLAND HAS BEEN RETURNED AND THAT WAS ONLY BE (AUSE IT WAS A FEDERAL GOVERNMENT DEMONSTRATION PROJECT. HE STATED THAT IF THE RAIL TR) APPROXIMATELY 1.5 MILLION DOLLA SURFACING THAT THEY RECOMMEND. ESTIMATED ON THE PROJECT HAPPEN THE PRICE GOES UP AS THE TIME GOI RECREATION DEPARTMENT WOULD BE HAS BEEN CRIMINAL ACTIVITY ALONG FROM PEOPLE. IL PLAN IS ENDORSED, IT WILL COST lS TO REMOVE TRACK AND PUT IN THE HE FURTHER STATED THAT THIS PRICE IS NG ON TIME AND WITHIN BUDGET, AND S ON. HE ADDED THAT THE PARKS AND THE ONES MAINTAINING IT; ALSO THERE THESE TRAILS BECAUSE THEY ARE AWAY MR. SCHLEYER STATED THAT IN CONTRAST TO THIS, MR. MARKS PROPOSES BRINGING TAX REVENUE INTO THE COMMUNITY BY PAYING PROPERTY TAXES, BRINGING BUSINESSES INTO THE AREA ADDING 30 NEW JOBS TO THE AREA AND TRAINING OPERATIONS THAT ARE PLANNED FOR USING THE FACILITY. HE FURTHER STATED THAT READY -MIX CONCRETE, A LOCAL COTTON GIN, GENERAL UTILITY COMPANY, ALPHIN BROTHERS AND MCDONALD LUMBER HAS ALREADY EXPRESSED INTEREST IN MAINTAINING OR GETTING BACK RAILROAD SERVICE THAT THEY HAVE LOST BECAUSE IT IS CHEAPER AND MORE EFFICIENT TO MOVE THAT WAY. 627 HE ADDED THAT HE WANTED TO ENCOURAGE COUNCIL TO CONSIDER POSTPONING RIPPING UP THE TRACKS BECAUSE THERE ARE TOURIST DOLLARS THAT WOULD COME IN BY RUNNING A TOURIST OPERATION ON THE RAILROAD, AND KEEPING THE TAX REVENUE DOWN. HE STATED THAT THE RAILROAD WOULD BE FUNDED BY LOCAL COMMUNITY COLLEGES, USING LOCAL CITIZENS FOR TRAINING INSTRUCTORS. HE FURTHER STATED THAT THERE ARE TWO THINGS THAT THEY ASK FROM THE COMMUNITY AND THEY ARE THAT COUNCIL RECONSIDER THE CONTRACT THAT WAS MADE TO TURN THE PROPERTY OVER TO THE RAILS OF TRAILS ORGANIZATION; AND SECONDLY THAT THE CABOOSE HERE IN TOWN BE RESTORED TO.OPERATING USE. HE ADDED THAT THIS WILL BE FUNDED THROUGH INDUSTRY DONATIONS AND DOES NOT DEPEND ON VOLUNTEER LABOR COUNCILMEMBER BASS ASKED IF THE CITY HAD MADE ANY OBLIGATIONS TO ANYONE. CITY MANAGER DEAN RESPONDED NO, THAT ALL THE TRANSACTIONS HAVE BEEN BETWEEN ABERDEEN AND ROCKFISH, AND THE CITY IS CURRENTLY IN THE PROCESS OF HEARING BOTH SIDES. MR SCHLEYER STATED THAT THEY WOULD ASK FOR ENDORSEMENT FROM THE CITY BECAUSE THE LAWYERS ARE ALREADY MOVING IN BECAUSE THE RAILS TO TRAILS ARE MAKING A CLAIM TO THE RIGHT OF WAY, AND THIS IS A VERY TIME SENSITIVE ISSUE. MAYOR OUDEH ASKED WHAT OBLIGATION WOULD THE CITY HAVE TO THEM IF THEY GO AHEAD AND ENDORSE IT. MR SCHLEYER RESPONDED THAT THE CITY WOULD NEED TO WRITE A LETTER STATING THAT THE CITY WANTS TO STOP THE DISMANTLING OF ANY OF THE RIGHT OF WAYS. COUNCILMEMBER TART ASKED IF SENATOR MORGAN WAS ONE OF THE LOCAL OWNERS LISTED AND ASKED IF THIS HAD BEEN PRESENTED TO THE TOWN OF ERWIN. MR. SCHLEYER RESPONDED YES AND ADDED THAT MR. CRAIG MARKS IS IN ERWIN TONIGHT PRESENTING THIS TO THEIR CITY COUNCIL. COUNCILMEMBER BASS STATED THAT HE DID NOT THINK COUNCIL NEEDED TO MAKE AN OBLIGATION TO EITHER ONE BEFORE IT IS DISCUSSED AND DETERMINED AS TO WHAT THE CITIZENS WOULD PREFER. COUNCILMEMBER TART STATED THERE IS NOTHING THAT CAN BE DONE UNTIL COUNCIL MAKES THEIR DECISION. CITY MANAGER DEAN STATED THE RAILROAD DOES NOT BELONG TO THE CITY. MAYOR OUDEH ASKED MR. SCHLEYER WHAT DOES THE LETTER OR SUPPORT MEAN TO HIM. MR. SCHLEYER RESPONDED THAT THE LETTER OF SUPPORT SHOULD STATE THAT THE CITY OF DUNN REQUESTS THE RAILS OF TRAILS TO STOP WHAT THEY ARE DOING UNTIL IT IS DETERMINED WHAT THE CITY WANTS TO DO. MAYOR OUDEH ASKED WHAT GIVES THE CITY THE RIGHT TO DO THAT. MR. SCHLEYER RESPONDED THAT BECAUSE THE CITY HAS AN INTEREST IN THIS AS FAR AS THE RAILROAD. HE ADDED THAT THE PROBLEMS WITH THE TRAILS IS IT WILL ONLY SERVE LIMITED USE; THERE IS HIGH MAINTENANCE AND NO INCOME POTENTIAL TO SERVE THE COMMUNITY. HE STATED THAT ENDORSEMENTS FROM BOTH CITIES WOULD CARRY A LOT OF WEIGHT BY SAYING THAT THE COMMUINITY HOPES TO KEEP THIS RAILROAD. INFORMATION MAYOR OUDEH ADVISED COUNCIL THAT ADMINISTRATIVE REPORTS WERE IN THEIR AGENDA PACKETS FOR REVIEW. COUNCILMEMBER ROBINSON STATED THAT HE HAD A CITIZEN WHO WOULD LIKE TO MAKE A COMMENT. 628 SYVONNE SMITH STATED THAT SHE HAS A FIVE YEAR OLD SON WHO IS IN KINDERGARTEN AT HARNETT PRIMARY SCHOOL. SHE FURTHER STATED THAT THREE WEEKS AFTER SCHOOL OPENED, HER CHILD WAS DISCIPLINED BY THE POLICE OFFICER AND IT WAS INVESTIGATED BY THE SCHOOL AND THE POLICE DEPARTMENT. SHE STATED THAT SHE DID NOT FEEL THAT THE PUNISHMENT GIVEN TO HER SON BY THE SCHOOL RESOURCE OFFICER WAS RIGHT. SHE FURTHER STATED THAT HER CHILD WAS TOLD TO STAND WITH HIS HANDS OUT BY HIS SIDE AND TOLD HIM NOT TO DROP THEM AND WAS TOLD TO LIE DOWN ON HIS BACK AND TOUCH HIS TOES. SHE FURTHER STATED THAT SHE ASKED HER SON IF IT HURT HIM AND HE SAID YES, AND STATED THAT HE CRIED. MS. SMITH STATED THAT THE OFFICER TOOK HIM BACK TO THE CLASSROOM. SHE FURTHER STATED THAT THE SCHOOL HAD CALLED HER HOME AND LEFT A MESSAGE BUT SHE WAS AT WORK AT THE TIME. SHE ADDED THAT SOMEONE FROM THE SCHOOL SAID THAT THE OFFICER HAD TALKED TO HER CHILD, NOT THAT HE HAD MADE HIM DO THESE THINGS. MS. SMITH STATED THAT AFTER THE INVESTIGATION, SHE WAS TOLD THAT THERE WAS INSUFFICIENT EVIDENCE. COUNCILMEMBER TART ASKED MS. SMITH IF THIS INCIDENT OCCURRED AT HARNETT PRIMARY SCHOOL AND IF THE MATTER HAD BEEN TAKEN TO THE BOARD OF EDUCATION. MS. SMITH RESPONDED YES, BUT THE BOARD OF EDUCATION DID NOT RETURN HER CALLS OR RESPOND TO HER LETTER. COUNCILMEMBER TART STATED THAT HE FELT FOR MS. SMITH BUT HE THOUGHT THE MATTER SHOULD GO BEFORE THE BOARD OF EDUCATION. CITY ATTORNEY GODWIN STATED THAT MS. SMITH'S ALLEGATION INVOLVES THE POLICE OFFICER. COUNCILMEMBER BASS ASKED MS. SMITH WHY WAS HER CHILD DISCIPLINED. MS. SMITH RESPONDED THAT HER CHILD WAS ACTING UP IN CLASS AND THE TEACHER SENT HIM INTO THE HALL. COUNCILMEMBER MCDOUGAL ASKED MS. SMITH IF SHE KNEW THE FINDINGS IN THE INVESTIGATION. MS. SMITH RESPONDED NO, ONLY THAT SHE WAS TOLD THERE WAS INSUFFICIENT EVIDENCE. ATTORNEY GODWIN STATED THAT THE INVESTIGATION WAS NOT ALLOWED BY LAW TO BE RELEASED TO THE PUBLIC. COUNCILMEMBER MCDOUGAL ASKED MS. SMITH IF THE CHIEF OF POLICE RESPONDED TO HER LETTER. MS. SMITH RESPONDED YES. MAYOR OUDEH ASKED HOW DID THE POLICE DEPARTMENT GET INVOLVED WHEN A CHILD IS IN THE HALL. MS. SMITH RESPONDED SHE DID NOT KNOW. SHE ADDED THAT THE PRINCIPAL TOLD HER THAT THE PROCEDURE WAS NOT RIGHT AND THAT THE CHILD SHOULD HAVE BEEN TAKEN TO HER OFFICE AND IF HE WAS SO WILD THAT THEY COULD NOT DO ANYTHING WITH HIM, THEN THEY GET THE OFFICER INVOLVED. MAYOR OUDEH ASKED POLICE CHIEF GODWIN TO EXPLAIN WHAT HAPPENED. POLICE CHIEF GODWIN STATED THAT HE ASSIGNED AN OFFICER TO INVESTIGATE THE INCIDENT AND HE WAS COMPLETELY SATISFIED WITH THE INVESTIGATION. HE FURTHER STATED THAT MS. SMITH IS CORRECT IN THAT HE DID SEND HER A LETTER THAT THERE WAS NOT SUFFICIENT EVIDENCE TO PROVE THAT THIS INCIDENT DID HAPPEN, AND BEYOND THAT HE COULD NOT SAY MUCH MORE DUE TO PERSONNEL LAWS. HE ADDED THAT HE WOULD BE MORE THAN DELIGHTED TO HAVE COUNCIL LOOK AT THE REPORT, BUT IT WAS A CRIMINAL VIOLATION TO GIVE THAT REPORT TO -MS. SMITH OR TO ANYBODY ELSE OTHER THAN HIS IMMEDIATE SUPERVISORS, CHIEF GODWIN, THE CITY MANAGER OR THE CITY ATTORNEY. 629 POLICE CHIEF GODWIN STATED THAT HE HAD NOTHING TO WITHHOLD, AND THAT HE RENDERED THE ONLY DECISION HE COULD GET FROM THE RESULTS OF THE INVESTIGATION. COUNCILMEMBER BASS ASKED IF THERE WERE WITNESSES TO THIS. ATTORNEY GODWIN STATED THAT CHIEF GODWIN ONLY NEEDS TO SAY THAT THIS IS A VERY DELICATE ISSUE AND WE HAVE TO BE CONCERNED WITH AS TO NOT VIOLATE THE PERSONNEL RECORDS LAW, BUT THAT IT IS OKAY TO SAY THAT IT WAS INVESTIGATED AND THAT THERE WAS INSUFFICIENT EVIDENCE TO DETERMINE THAT THERE WAS A WRONGDOING ON THE PART OF THE POLICE OFFICER COUNCILMEMBER MCDOUGAL ASKED ATTORNEY GODWIN IF THE POLICE RESOURCE OFFICER SHOULD .PUNISH THE CHILD. ATTORNEY GODWIN REPLIED NO, AND REFERRED THAT QUESTION TO THE CHIEF TO ANSWER CHIEF GODWIN STATED THAT GENERALLY SPEAKING, NO. COUNCILMEMBER MCDOUGAL ASKED WHY THE POLICE OFFICER WAS DISCIPLINING THIS CHILD. ATTORNEY GODWIN RESPONDED THAT THE EVIDENCE DID NOT SHOW THAT THE INCIDENT HAPPENED. MS. SMITH STATED THAT THE PRINCIPAL KNEW ABOUT THIS MAN DOING THESE THINGS TO THE KIDS. SHE FURTHER STATED THAT THE PRINCIPAL TOLD HER THAT SHE HAD ASKED HIM TO STOP AND SHE WAS NOT AWARE THAT HE WAS STILL DOING THIS. COUNCILMEMBER BASS ASKED CHIEF GODWIN IF THE PRINCIPAL HAD TALKED TO HIM ABOUT THIS HAPPENING BEFORE. CHIEF GODWIN RESPONDED NO. MAYOR OUDEH SUGGESTED THAT COUNCILMEMBER ROBINSON MEET WITH THE CHIEF OF POLICE AND MAKE A REPORT BACK TO COUNCIL. COUNCILMEMBER ROBINSON STATED THAT HE HAD ALREADY MET WITH THE CHIEF AND AFTER TALKING TO HIM, HE UNDERSTOOD THE LAW ON PERSONNEL. HE ADDED THAT HE WAS NOT SATISFIED, BUT NOTHING COULD BE DONE. HE ADDED THAT THIS WAS HIS GRANDSON AND HE HOPED THIS DID NOT HAPPEN AGAIN. CHIEF GODWIN STATED THAT HE WANTED TO MAKE SOMETHING PERFECTLY CLEAR. HE ADDED THAT IT HAS NOT BEEN PROVEN THAT THE OFFICER DID WHAT WAS ALLEGED THAT HE HAD DONE. HE STATED THAT WITH AN INCIDENT INVOLVING A FIVE YEAR OLD CHILD, EVERYONE CAN BE REST- ASSURED THAT THE INCIDENT WAS CLOSELY REVIEWED. MAYOR OUDEH STATED THAT HE WOULD LIKE TO HAVE THREE VOLUNTEERS FROM THE CITY COUNCIL TO MEET WITH MR WILLIE SNEAD AND FIND OUT WHAT IS GOING ON IN THAT COMMUNITY AND BRING THAT INFORMATION BACK BEFORE COUNCIL AT THE NEXT MEETING. COUNCILMEMBER TART STATED THAT LAST SATURDAY WAS "MAKE A DIFFERENCE DAY" AND THE CHAMBER HAD EIGHT OR NINE GROUPS, ALONG WITH MS. NANCY CLIFTON WHO WERE OUT IN ALL AREAS OF TOWN CLEANING UP. HE ADDED THAT THEY DID A SUPER JOB AND HE EXPRESSED APPRECIATION TO EVERYONE WHO PARTICIPATED IN "MAKE A DIFFERENCE DAY". CLOSED SESSION CITY ATTORNEY GODWIN ADVISED COUNCIL THAT A MOTION WOULD BE NECESSARY TO GO INTO CLOSED SESSION FOR THE PURPOSE OF DISCUSSING ECONOMIC DEVELOPMENT. HE RECOMMENDED THAT COUNCIL AUDIO RECORD THE MINUTES OF THE CLOSED SESSION. MOTION BY COUNCILMEMBER ROBINSON, SECONDED BY COUNCILMEMBER BASS TO GO INTO CLOSED SESSION FOR THE SOLE PURPOSE OF DISCUSSING ECONOMIC DEVELOPMENT AND TO AUDIO RECORD THE MINUTES AT 8:33 P.M. MOTION UNANIMOUSLY APPROVED. r f 630 MAYOR OUDEH ADJOURNED THE CLOSED SESSION AT 8:37 P.M. AND RECONVENED THE REGULAR COUNCIL MEETING. MOTION BY COUNCILMEMBER TART, SECONDED BY MAYOR PRO -TEM WOMBLE TO ADOPT THE AUDIO TAPE OF THE CLOSED SESSION AS A GENERAL ACCOUNT AND MINUTES OF THE CLOSED SESSION. MOTION UNANIMOUSLY APPROVED. WITH NO FURTHER DISCUSSION, THE FOLLOWING BURIAL RIGHTS WERE EXECUTED: 1. MS. CASSIE LEE JONES & HER HEIRS, LOT 1, BLOCK 15, SPACE(S) i & 2, RESTHAVEN CEMETERY. 2. MR. ROBERT C. BELL & HIS HEIRS, LOT 10, BLOCK 15, SPACE(S) 2, RESTHAVEN CEMETERY. 3. JOE & CORA DYKES & THEIR HEIRS, LOT 12, BLOCK 13, SPACE(S) 1 -8, RESTHAVEN CEMETERY. 4.. ELMOND & JEAN LEE & THEIR HEIRS, LOT 5, BLOCK 3, SPACE(S) 1,2,5 &6, MEMORIAL CEMETERY. 5. MS. LINDA SMITH & HER HEIRS, LOT 19, BLOCK 13, SPACE(S) 2, RESTHAVEN CEMETERY. MAYOR OUDEH ADJOURNED THE MEETING AT 8:38 P.M. OUDEH MAYOR A T: 4 ° � w J CE VALLEY, CMC ®oa� n tilt WO. TV ('1 CDV "