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09062001754 MINUTES CITY OF DUNN DUNN, NORTH CAROLINA THE CITY COUNCIL OF THE CITY OF DUNN HELD A REGULAR MEETING ON TUESDAY, SEPTEMBER G, 2001 AT 7:00 P.M. IN THE DUNN MUNICIPAL BUILDING. PRESENT WAS MAYOR ABRAHAM OUDEH, MAYOR PRO -TEM MIKE WOMBLE, COUNCILMEMBERS CAROLYN MCDOUGAL, TOBY SUMNER, GEORGE ROBINSON, JOEY TART AND PAUL BASS. ALSO PRESENT WAS INTERIM CITY MANAGER RONNIE AUTRY, FIRE CHIEF AUSTIN TEW, LIBRARIAN DEBORAH ME,LVIN, POLICE CHIEF PAT GODWIN, CAPTAIN RONNIE RADCLIFFE, CAPTAIN MORRY DENNING, FINANCE DIRECTOR RENEE' DAUGHTRY, PUBLIC WORKS SUPERINTENDENT THOMAS JERNIGAN, PUBLIC UTILITIES DIRECTOR JOE CAMPBELL, RECREATION DIRECTOR PERRY HUDSON, PLANNER/CODE ENFORCEMENT OFFICER KELLY BOLLINGER, BUILDING INSPECTOR SHANE HUDSON, CITY ENGINEER ED POWELL, CITY ATTORNEY BILLY GODWIN, INTERIM HUMAN RESOURCE OFFICER MOSES GALLION, DEPUTY CLERIC TINA SILLS AND DAILY RECORD REPORTER LISA FARMER. INVOCATION MAYOR OUDEH OPENED THE MEETING AT 7:00 P.M. AND ASKED MAYOR PRO -TEM WOMBLE TO GIVE THE INVOCATION. AFTERWARD, THE PLEDGE OF ALLEGIANCE WAS REPEATED. CONSENT ITEMS MAYOR OUDEH ASKED COUNCIL IF THERE WERE ANY CONSENT ITEMS THEY WISHED TO DELETE FOR FURTHER DISCUSSION. HEARING NONE, THE FOLLOWING CONSENT ITEMS WERE CONSIDERED BY COUNCIL: MINUTES - AUGUST 2, 2001- COUNCIL CONSIDERED APPROVAL OF THE MINUTES OF THE AUGUST 2, 2001 MEETING. MAYOR PRO -TEM WOMBLE STATED THAT THE AUGUST 2, 2001 MINUTES NEEDED SOME CORRECTIONS. HE ADDED THAT PAGE 5, PARAGRAPH 7 SHOULD READ "MR.,WICKER STATED THAT THE PANTRY WAS INTERESTED IN ENTERTAINING WITH COUNCIL.A'HOLD HARMLESS CLAUSE, WHEREBY THE POLICE DEPARTMENT WOULD NOT,BE REQUIRED TO y ✓ PATROL THE AREA, BUT THEY COULD CALL THE POLICE DEPARTMENT - AS NEEDED ". HE FURTHER STATED THAT PAGE 7, PARAGRAPH 12 SHOULD READ : "HE ASKED WHAT HAPPENS IF SOMEONE SUES THE CITY OVER BUILDING CODE ISSUES AND WHO WOULD BE RESPONSIBLE FOR BRINGING THAT BUILDING UP TO CURRENT CODE. HE ADDED THAT THE POLICY SHOULD REQUIRE THAT THE TENANT OBTAIN AN INSURANCE POLICY NAMING THE CITY AS AN ADDITIONAL INSURER AGAINST CLAIMS. THAT THEY MAY DEVELOP FROM PEOPLE THAT VISIT THEIR FACILITY ". r. '.. MINUTES- SPECIAL CALL - CLOSED SESSION - AUGUST 21, 2001- COUNCIL CONSIDERED APPROVAL OF THE MINUTES OF THE AUGUST 21, 2001 SPECIAL CALL - CLOSED SESSION MEETING. MINUTES - CLOSED SESSION- AUGUST 23, 2001 - COUNCIL CONSIDERED APPROVAL OF THE AUDIO CASSETTE AS THE MINUTES AND GENERAL ACCOUNT OF THE AUGUST 23, 2001 CLOSED SESSION MEETING. TAX RELEASES /REFUNDS - COUNCIL CONSIDERED APPROVAL OF THE TAX RELEASE'S /REFUNDS #8411. (CLERK'S NOTE: TAX COLLECTOR MAINTAINS ALL TAX RELEASES /REFUNDS). MOTION BY COUNCILMEMBER MCDOUGAL, SECONDED BY COUNCILMEMBER ROBINSON TO APPROVE THE CONSENT ITEMS WITH THE CORRECTION OF THE MINUTES OF THE AUGUST 2, 2001 MEETING. MOTION UNANIMOUSLY APPROVE D. SATELLITE ANNEXATION - GODWIN PROPERTY -421 SOUTH INTERIM CITY MANAGER AUTRY STATED THAT AT THE AUGUST COUNCIL MEETING, COUNCIL APPROVED A RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION CONCERNING THE SATELLITE ANNEXATION OF TWO (2) TRACTS OF LAND LOCATED ON US 421 SOUTH WITH GODWIN'S CAFETERIA, GODWIN'S FARM AND FAMILY CENTER AND GODWIN'S LITTLE BUSY BODIES BUILT ON THE TRACTS. HE ADDED THAT SHOULD COUNCIL WISH TO PROCEED WITH THE ANNEXATION, THE CLERIC HAS PROVIDED A CERTIFICATE OF SUFFICIENCY AND A RESOLUTION FIXING DATE OF PUBLIC HEARING AS OCTOBER 4, 2001. 755 MOTION BY COUNCILMEMBER TART, SECONDED BY COUNCILMEMBER ROBINSON TO APPROVE THE RESOLUTION FIXING DATE OF PUBLIC HEARING AS OCTOBER 4, 2001 AND TO PROCEED WITH THE ANNEXATION OF TWO (2) TRACTS OF LAND LOCATED ON US 421 SOUTH- GODWINPROPERTY. MOTION UNANIMOUSLY APPROVED. (ATTACHMENT #1) SATELLITE ANNEXATION -LEE PROPERTY -THE PANTRY INTERIM CITY MANAGER AUTRY STATED THAT AT THE AUGUST COUNCIL MEETING, COUNCIL APPROVED A RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION CONCERNING THE SATELLITE ANNEXATION OF TWO (2) TRACTS OF LAND LOCATED ON LONG BRANCH ROAD. HE ADDED THAT TRACT #1 CONSISTS OF 3.53 ACRES AND TRACT #2 CONSISTS OF 6.6 ACRES (CURRENTLY THE LOCATION OF THE PANTRY) WITH A TOTAL TAX VALUE OF APPROXIMATELY $2.5 MILLION. HE FURTHER STATED THAT SHOULD COUNCIL WISH TO PROCEED WITH THE ANNEXATION, THE CLERK HAS PROVIDED A CERTIFICATE OF SUFFICIENCY AND A RESOLUTION FIXING DATE OF PUBLIC HEARING AS OCTOBER 4, 2001. MOTION BY COUNCILMEMBER ROBINSON, SECONDED BY COUNCILMEMBER BASS TO APPROVE THE RESOLUTION FIXING DATE OF PUBLIC HEARING AS OCTOBER 4, 2001 AND TO PROCEED WITH THE ANNEXATION OF TWO (2) TRACTS OF LAND LOCATED ON LONG BRANCH ROAD (CURRENTLY THE LOCATION OF THE PANTRY) - LEE PROPERTY. MOTION UNANIMOUSLY APPROVED. (ATTACHMENT #2) POLICE DEPARTMENT -SRO EQUIPMENT GRANT INTERIM CITY MANAGER AUTRY STATED THAT INFORMATION IS ATTACHED CONCERNING THE APPROVED FUNDING FROM THE GOVERNOR'S CRIME COMMISSION FOR $7,330.00 WITH A 25% MATCH FROM THE CITY ($1,957.00), LEAVING THE GOVERNOR'S CRIME COMMISSION TO FUND $5,872.50 AFTER THE MATCH. HE ADDED THAT THE GRANT IS SELECTIVE FUNDING OF EQUIPMENT FOR JURISDICTIONS THAT HAVE RECEIVED A MIDDLE AND ELEMENTARY SCHOOL RESOURCE OFFICER THROUGH THE FEDERAL COMMUNITY ORIENTED POLICING SERVICES "COPS IN SCHOOLS" GRANT. COUNCILMEMBER TART STATED THAT HE WOULD LIKE TO HEAR A PRESENTATION FROM CAPTAIN DENNING ABOUT HOW THIS EQUIPMENT WOULD BE USED. MAYOR OUDEH ASKED COUNCIL IF THEY HAD ANY QUESTIONS. CAPTAIN DENNING STATED THAT IT WOULD BE USED AT PTA MEETINGS AND IN THE CLASSROOMS TO HELP EDUCATE AND TRAIN STUDENTS, FACULTY AND PARENTS ON DIFFERENT ISSUES INCLUDING SAFETY, DRUGS, ALCOHOL USE, AND VIOLENCE IN SCHOOLS. MOTION BY COUNCILMEMBER ROBINSON, SECONDED BY COUNCILMEMBER SUMNER TO APPROVE THE GRANT CONCERNING THE APPROVED FUNDING FROM THE GOVERNOR'S CRIME COMMISSION AND BUDGET AMENDMENT #7 TO APPROPRIATE GRANT FUNDS AWARDED BY THE GOVERNOR'S CRIME COMMISSION. MOTION UNANIMOUSLY APPROVED. (ATTACHMENT #3) ORDER OF COLLECTIONS - AUTHORIZATION TO TAX COLLECTOR INTERIM CITY MANAGER AUTRY STATED THAT PURSUANT TO G.S. 105 -352, ATTACHED IS AN ORDER OF COLLECTIONS WHICH AUTHORIZES TAX COLLECTOR PAMELA HODGES TO COLLECT THE TAXES SET FORTH IN THE 2001 TAX RECORDS FILED IN THE OFFICE OF THE TAX COLLECTOR. MOTION BY COUNCILMEMBER SUMNER, SECONDED BY COUNCILMEMBER ROBINSON TO APPROVE AN ORDER OF COLLECTIONS AUTHORIZING TAX COLLECTOR PAMELA HODGES TO COLLECT THE TAXES SET FORTH IN THE 2001 TAX RECORDS FILED IN THE OFFICE OF THE TAX COLLECTOR. MOTION UNANIMOUSLY APPROVED. (ATTACHMENT #4) f BOARD APPOINTMENT -DUNN LIBRARY BOARD INTERIM CITY MANAGER AUTRY STATED THAT AN APPLICATION HAS BEEN RECEIVED FROM MS. LAVERNE SMITH TO FULFILL THE SEAT ON THE LIBRARY BOARD VACATED BY MS. PATRICIA ROSS, WHO RESIGNED HER TERM EFFECTIVE AUGUST 31, 2001. HE ADDED THAT IT IS THE LIBRARY BOARD'S RECOMMENDATION THAT MS. SMITH BE APPOINTED TO FULFILL THIS SEAT. MOTION BY COUNCILMEMBER MCDOUGAL, SECONDED BY MAYOR PRO -TEM WOMBLE TO APPOINT MS. LAVERNE SMITH TO FULFILL THE SEAT ON THE LIBRARY BOARD VACATED BY MS. PATRICIA ROSS. MOTION UNANIMOUSLY APPROVED. 756 CITY ATTORNEY GODWIN STATED THAT THE LEGAL MATTER WAS NOT READY FOR COUNCIL TO CONSIDER SO THERE WILL BE NO CLOSED SESSION ON THAT ITEM. MOTION BY COUNCILMEMBER TART, SECONDED BY COUNCILMEMBER ROBINSON TO ADD TO THE AGENDA FOR DECISION THE CITY MANAGER SALARY PACKAGE. MOTION UNANIMOUSLY APPROVED. INTERIM CITY MANAGER AUTRY STATED THAT THERE WERE THREE ITEMS THAT NEEDED TO BE ADDED TO THE AGENDA FOR COUNCIL CONSIDERATION. HE ADDED THAT A RESOLUTION REQUESTING THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION TO STRIPE PORTIONS OF U.S. HIGHWAY 301 IN THE CITY OF DUNN, A RESOLUTION TO RE- FILE FOR THE NORTH CAROLINA RURAL ECONOMIC DEVELOPMENT CENTER GRANT FOR THE WASTEWATER PROJECT AND LASTLY PURCHASING OF A USED VEHICLE FOR THE CODE ENFORCEMENT OFFICER. MOTION BY MAYOR PRO -TEM WOMBLE, SECONDED BY COUNCILMEMBER TART TO ADD TO THE AGENDA A RESOLUTION REQUESTING THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION TO STRIPE PORTIONS OF U.S. HIGHWAY 301 IN THE CITY OF DUNN, A RESOLUTION TO RE -FILE FOR THE NORTH CAROLINA RURAL ECONOMIC DEVELOPMENT CENTER GRANT FOR THE WASTEWATER PROJECT AND THE PURCHASE OF A USED VEHICLE FOR THE CODE ENFORCEMENT OFFICER. MOTION UNANIMOUSLY APPROVED. CITY MANAGER SALARY PACKAGE MOTION BY COUNCILMEMBER SUMNER, SECONDED BY COUNCILMEMBER ROBINSON TO ACCEPT THE OFFER FOR EMPLOYMENT FROM MR. JOHN WHITSON AND TO DISCUSS THE PACKET THAT WAS HANDED OUT TO COUNCIL. (ATTACHMENT #5) COUNCILMEMBER BASS STATED THAT HE THOUGHT MR. WHITSON STATED IN THE LETTER THAT HE TURNED THE OFFER DOWN. COUNCILMEMBER SUMNER RESPONDED THAT MR. WHITSON HAS BEEN CONTACTED AGAIN SINCE THAT LETTER BY HE THOUGHT MAYOR OUDEH AND MAYOR PRO -TEM WOMBLE. MAYOR OUDEH ASKED WHO DID THIS. COUNCILMEMBER SUMNER RESPONDED THAT HE AND MAYOR PRO -TEM WOMBLE HAVE TALKED. COUNCILMEMBER ROBINSON STATED THAT HE HAD SPOKE TO MAYOR PRO -TEM WOMBLE ALSO. COUNCILMEMBER BASS STATED THAT HE DID NOT THINK THAT WAS RIGHT. COUNCILMEMBER SUMNER STATED THAT HE FELT LIKE THE COUNCIL NEEDED TO GET THIS MOVING AND IF THE CITY IS GOING TO GET WHAT COUNCIL THINKS IS A GOOD MAN THEY NEED TO MAKE SOME PROGRESS. COUNCILMEMBER BASS STATED THAT IT IS GOOD THAT THEY HAVE FEELINGS, BUT THEY ARE NOT THE ONLY ONES THAT HAVE FEELINGS ON THIS BOARD. COUNCILMEMEBER SUMNER STATED THAT THERE ARE SOME NOTES FROM MR. WHITSON THAT HE WOULD LIKE COUNCIL TO LOOK AT. COUNCILMEMBER ROBINSON STATED THAT HE AGREED WITH COUNCILMEMBER SUMNER IN THAT HE THINKS THEY SHOULD MOVE AHEAD AND MAKE PROGRESS IN THE HIRING OF A CITY MANAGER. MAYOR OUDEH ASKED COUNCILMEMBER SUMNER WHAT WOULD HE LIKE TO DISCUSS COUNCILMEMBER SUMNER RESPONDED THAT HE WOULD LIKE TO GO THROUGH THE WHOLE PROPOSAL AND ASKED MAYOR PRO -TEM WOMBLE TO EXPLAIN THE INFORMATION SINCE HE HAD BEEN THE ONE TO TALK WITH MR. WHITSON ABOUT THE PROPOSAL. HE ADDED THAT COUNCIL HAD OFFERED MR. WHITSON A 3 -YEAR CONTRACT. CITY ATTORNEY GODWIN STATED THAT HE WOULD LIKE TO CLARIFY THAT MR. WHITSON HAS NOT BEEN OFFERED ANYTHING OFFICIALLY. COUNCILMEMBER SUMNER STATED THAT COUNCIL APPROACHED MR. WHITSON WITH A PACKAGE THAT CONTAINED A 3 -YEAR CONTRACT BUT EVIDENTLY HE DID NOT NEED THAT. MAYOR PRO -TEM WOMBLE STATED THAT HE HAD THREE PEOPLE CONTACT HIM AND ASK HIM TO CALL MR. WHITSON. MAYOR OUDEH ASKED WHO WERE THOSE PEOPLE. MAYOR PRO -TEM WOMBLE RESPONDED COUNCILMEMBER ROBINSON, COUNCILMEMBER SUMNER AND COUNCILMEMBER TART. COUNCILMEMBER BASS ASKED WHY WASN'T THE MAYOR AND THE OTHER BOARD MEMBERS NOTIFIED OF THIS. COUNCILMEMBER SUMNER RESPONDED THAT THEY ARE NOTIFYING THEM NOW. COUNCILMEMBER MCDOUGAL STATED THAT IS NOT THE WAY YOU DO BUSINESS. MAYOR OUDEH ASKED HOW DID YOU MAKE A DECISION. MAYOR PRO -TEM WOMBLE RESPONDED THAT NO DECISION HAS BEEN MADE. HE ADDED THAT THE COUNCIL JOINTLY MAKES THE DECISION. MAYOR OUDEH ASKED MAYOR PRO -TEM WOMBLE WHY WOULD HE CONTACT MR. WHITSON WITHOUT ANY PERMISSION FROM THE CITY AND ASKED HIM WHO DID HE REPRESENT. MAYOR PRO -TEM RESPONDED THAT HE HAD THREE COUNCILMEMBERS ASK HIM TO CONTACT MR. WHITSON AND HE DID. HE ADDED THAT THE PURPOSE OF HIS PHONE CALL WAS TO REVIEW MR. WHITSON'S RESPONSE THAT WAS RECEIVED BY INTERIM CITY MANAGER RONNIE AUTRY. HE FURTHER STATED THAT THE RESPONSE THAT HE GOT BASICALLY COMPARED THE EXISTING COMPENSATION PACKAGE TO HIS REQUESTED PACKAGE AND TO OUR PROPOSAL AND HIS LETTER SAID THAT HE WOULD BE HAPPY TO NEGOTIATE. MAYOR PRO -TEM WOMBLE STATED THAT HE ASKED MR. WHITSON WHAT PART OF THE PROPOSAL DID HE AGREE AND DISAGREE WITH. HE ADDED THAT HE BASICALLY JUST WANTED TO FIND OUT WHAT KIND OF OFFER HE WOULD ACCEPT AND HE PASSED THAT INFORMATION BACK TO THE COUNCILMEMBERS WHO HAD ASKED HIM TO FIND THAT INFORMATION OUT. HE ADDED THAT THIS IS A PACKAGE, THAT IF OFFERED, WOULD BE ACCEPTABLE TO HIM. COUNCILMEMBER BASS ASKED MAYOR PRO -TEM WOMBLE WHY CAN'T THEY DECIDE IT, THEY HAVE A QUORUM. HE ADDED THAT IT WOULD BE STUPID TO VOTE NOW WHEN THEY ALREADY HAVE A QUORUM. MAYOR PRO -TEM WOMBLE RESPONDED THAT IT HAS TO BE DONE IN AN OPEN MEETING COUNCILMEMBER BASS RESPONDED THAT MAYOR PRO -TEM WOMBLE IS DOING THE SAME THING THAT HE ALWAYS DOES, TRYING TO RULE THE CITY OF DUNN. HE ADDED THAT HE NEEDED TO BACK OFF AND LET THE MAYOR DO HIS JOB OR THE MAYOR NEEDS TO STEP DOWN AND LET MAYOR PRO -TEM WOMBLE HAVE IT. COUNCILMEMBER TART ASKED MAYOR OUDEH IF HE WAS GOING TO TAKE CONTROL OF THIS MEETING. MAYOR OUDEH STATED THAT HE WAS IN CONTROL. HE ADDED THAT MAYOR PRO -TEM WOMBLE NEEDED TO DO THE RIGHT THINGS AND NOT DO THINGS BEHIND THE MAYOR'S BACK. HE FURTHER STATED THAT MAYOR PRO -TEM WOMBLE HAD NO RIGHT TO DO ANYTHING BEHIND HIS BACK AND HE KNOWS IT. COUNCILMEMBER TART ASKED MAYOR OUDEH IF HE THOUGHT THAT BY CONTACTING MR. WHITSON TO FIND OUT WHY HE IS NOT COMING TO THE CITY OF DUNN IS WRONG. MAYOR OUDEH RESPONDED THAT YOU CAN CONTACT HIM AFTER TALKING WITH THE MAYOR AND ALL COUNCILMEMBERS. YOU DO NOT GO BEHIND THEIR BACK AND DO IT ON YOUR OWN. YOU HAVE NO RIGHT TO DO THAT. COUNCILMEMBER TART STATED THAT HE THOUGHT THEY HAD A RIGHT TO CONTACT PEOPLE TO TALK WITH THEM. MAYOR OUDEH RESPONDED NO, YOU DO NOT SIR. COUNCILMEMBER TART STATED THAT HE DISAGREED WITH HIM 758 COUNCILMEMBER MCDOUGAL STATED THAT SHE DISAGREED WITH THE WAY IT WAS HANDLED, BY COUNCILMEMBER TART, COUNCILMEMBER ROBINSON, COUNCILMEMBER SUMNER AND MAYOR PRO -TEM WOMBLE. SHE ADDED THAT IT SHOULD HAVE BEEN BROUGHT BEFORE THE CITY COUNCIL TO DISCUSS AND THAT THEY WERE TOTALLY OUT OF LINE IN THE WAY IT WAS HANDLED. COUNCILMEMBER ROBINSON STATED THAT HE THOUGHT COUNCIL HAS BEEN OUT OF LINE FOR EIGHTEEN MONTHS. COUNCILMEMBER MCDOUGAL STATED THAT SHE IS TALKING ABOUT NOW, THIS IS A MAJOR DECISION. \_ COUNCILMEMBER TART RESPONDED THAT IS WHY WE ARE HERE AND HAVE ADDED THIS ITEM TO THE AGENDA SO THAT WE CAN TALK ABOUT IT AND MAKE A DECISION. MAYOR OUDEH STATED THAT THE DECISION HAS ALREADY BEEN MADE. THE FOUR COUNCILMEMBERS HAVE TALKED OUTSIDE THE CITY COUNCIL MEETING AND HAVE MADE A DECISION. HE ADDED THEY HAD NO RIGHT TO DO THAT. CITY ATTORNEY GODWIN STATED THAT THEY CAN TALK AS LONG AS THEY DO NOT MEET AT THE SAME TIME AND AT THE SAME PLACE. MAYOR OUDEH STATED ACTUALLY THEY PROBABLY DID IT TOGETHER. HE ADDED THEY HAD NO RIGHT TO CALL SOMEONE AND OFFER A JOB AND NEGOTIATE. MAYOR PRO -TEM WOMBLE RESPONDED THAT HAS NOT BEEN DONE. HE STATED THAT AS HE SAID BEFORE, HE JUST ESSENTIALLY CALLED MR. WHITSON TO FIND OUT WHAT ITEMS ON THE ORIGINAL PROPOSAL THAT HE DIFFERED WITH AND ASKED HIM WHAT WOULD HE BE WILLING TO ACCEPT. COUNCILMEMBER MCDOUGAL ASKED MAYOR PRO -TEM WOMBLE WHY DID HE LEAVE COUNCILMEMBER BASS AND HERSELF OUT. WHY DID HE NOT CALL THEM. MAYOR PRO -TEM WOMBLE RESPONDED THAT HE WAS NOT CALLING, HE WAS ASKED TO MAKE THE PHONE CALL TO HIM. COUNCILMEMBER BASS ASKED MAYOR PRO -TEM WOMBLE WHO DID CALL IF HE DIDN'T MAYOR PRO -TEM WOMBLE RESPONDED THAT HE CALLED MR. WHITSON. COUNCILMEMBER SUMNER ASKED WHEN WAS MR. WHITSON CALLED MAYOR PRO -TEM WOMBLE RESPONDED LATE THIS AFTERNOON. MAYOR OUDEH ASKED MAYOR PRO -TEM WOMBLE WHY HE DID NOT CALL THE OTHER TWO COUNCILMEMBERS. MAYOR PRO -TEM WOMBLE RESPONDED THAT HE IS OUT OF TOWN ON LONG DISTANCE. MAYOR OUDEH STATED THAT HE TALKED TO THE OTHER THREE. MAYOR WOMBLE RESPONDED THAT IF COUNCILMEMBER BASS HAD A QUESTION ABOUT WHAT WAS SENT, HE COULD HAVE CALLED HIM TOO. MAYOR OUDEH ASKED MAYOR PRO -TEM WOMBLE WHY DIDN'T HE INVITE MR. WHITSON HERE TO NEGOTIATE WITH HIM THROUGH THE CITY COUNCIL. MAYOR PRO -TEM WOMBLE STATED THAT FOR THE THIRD TIME, HE IS NOT NEGOTIATING WITH ANYONE. HE ADDED THAT THE NEGOTIATIONS TAKE PLACE HERE AT THE CITY COUNCIL MEETING. HE FURTHER STATED THAT ALL HE HAS DONE IS FOUND OUT WHERE THEY DIFFER IN THE PROPOSAL AND THIS IS A PROPOSAL THAT HE WILL SUPPOSEDLY ACCEPT AND IT IS UP TO COUNCIL TO DECIDE IF THEY ARE WILLING TO MAKE THIS AN OFFER. ✓ COUNCILMEMBER BASS STATED THAT IF MAYOR PRO -TEM WOMBLE COULD CALL MR. WHITSON, THEN HE COULD CALL HIM TOO AND HE WOULD CALL HIM TOMORROW AND TELL HIM THAT HE IS NOT WELCOME HERE. MAYOR PRO -TEM WOMBLE STATED THAT NOBODY 1S PROHIBITED FROM MAKING TELEPHONE CALLS. COUNCILMEMBER TART STATED THAT IT SHOULD BE DONE IN THE BEST INTEREST OF THE CITY. 759 MAYOR OUDEH STATED HE DID NOT THINK THEY WERE INTERESTED IN WHAT WAS IN THE BEST INTEREST OF THE CITY OR THEY WOULD OF TALKED TO ALL THE CITY COUNCILMEMBERS. COUNCILMEMBER TART STATED THAT AT THE LAST CLOSED SESSION MEETING THAT WAS HELD, EVERYTHING DID NOT GO IN A MANNER THAT WAS IN THE BEST INTEREST OF THE CITY. MAYOR OUDEH STATED THAT FOUR PEOPLE AGREED, AND A LETTER WAS WRITTEN BY THE LAWYER AND SENT TO MR. WHITSON. HE ADDED THAT IT WAS A DECISION THAT EVERYONE AGREED ON AND THAT IS WHAT IS IMPORTANT. COUNCILMEMBER MCDOUGAL STATED THAT IT WAS HER UNDERSTANDING THAT THE PACKAGE WOULD BE SENT TO MR. WHITSON AND HE WAS TO DECIDE WHETHER HE WOULD ACCEPT THE PACKAGE OR NOT, AND IF THERE WAS ANYTHING DIFFERENT, IT WOULD HAVE CAME BACK BEFORE COUNCIL TO DECIDE ON. MAYOR PRO -TEM WOMBLE STATED THAT COUNCIL STILL HAS THAT OPPORTUNITY. COUNCILMEMBER BASS STATED TO COUNCILMEMBER MCDOUGAL THAT SHE HAD THAT OPPORTUNITY AND NOT TO FORGET IT, IT IS FOUR AGAINST TWO FROM THE START BUT SHE HAS THE OPPORTUNITY. COUNCILMEMBER SUMNER STATED THAT IT WAS HIS UNDERSTANDING THAT MOST OF THIS ORIGINATED AND WAS DISCUSSED AT THE LAST MEETING. MAYOR PRO -TEM WOMBLE STATED THAT THERE ARE ONLY TWO ITEMS THAT ARE DIFFERENT FROM THE ORIGINAL CONSENSUS. HE ADDED THAT COUNCIL WAS WELCOME TO COMPARE THE ORIGINAL PROPOSAL TO THE OFFER AND THE ONLY THING THAT HAS CHANGED IS THE TERM OF THE CONTRACT IN THAT IT CAN BE TERMINATED WITH NOTICE, THE ANNUAL SALARY HAS INCREASED BY $7,000.00 AND THEY HAVE DELETED FAMILY MEMBERS FROM THE HEALTH INSURANCE. COUNCILMEMBER SUMNER STATED THAT BECAUSE THIS IS CREATING SUCH CONTROVERSY AMONG THE COUNCILMEMBERS, WOULD IT BE PERMISSABLE TO TABLE THIS UNTIL THE NEXT MEETING TO ALLOW TIME FOR ALL COUNCILMEMBERS TO LOOK INTO IT BECAUSE HE THINKS IT IS A GOOD PACKAGE. MAYOR OUDEH STATED THAT HE THINKS NOBODY SHOULD GO BEHIND THE CITY COUNCIL AND MAKE A DECISION ON THEIR OWN. COUNCILMEMBER TART STATED THAT HE THOUGHT TABLING UNTIL THE NEXT MEETING WOULD BE TOO LONG. COUNCILMEMBER MCDOUGAL ASKED WHY ARE THEY IN SUCH A HURRY. SHE ADDED THAT THE CITY OF DUNN IS NOT FALLING APART. COUNCILMEMBER TART STATED THAT IT HAS BEEN SEVERAL MONTHS AND COUNCIL SAID THEY WERE IN A HURRY. HE FURTHER STATED THAT FOUR OF THEM AT THE LAST MEETING AGREED ON WHO THE BEST CANDIDATE WAS. COUNCILMEMBER SUMNER STATED THAT HE WOULD LIKE FOR ALL COUNCILMEMBERS TO BE IN ONE ACCORD OVER THE CANDIDATE WHOEVER HE MAY BE, AND MR. WHITSON HAS SHOWN HIM A LOT OF PROMISE AND HE THINKS THAT THIS IS THE MAN FOR THE CITY MANAGER POSITION. MAYOR OUDEH STATED THAT NOBODY WAS QUESTIONING ANYONE'S INTERESTS BUT IT SHOULD BE DONE THE RIGHT AND THE LEGAL WAY. MAYOR PRO -TEM WOMBLE STATED THAT ONCE A CANDIDATE IS IDENTIFIED, NEGOTIATIONS CANNOT CONTINUE ON FOR TWO MONTHS WITHOUT THIS PERSON FINDING EMPLOYMENT SOMEWHERE ELSE. MAYOR OUDEH STATED THAT MR. WHITSON WAS NOT GOING ANYWHERE. MAYOR PRO -TEM RESPONDED THAT THE MAYOR DOES NOT KNOW THAT. MAYOR OUDEH STATED THAT HE DID KNOW IT. MAYOR PRO -TEM WOMBLE STATED THAT HE DID NOT KNOW IT. MAYOR OUDEH RESPONDED YES HE DOES KNOW IT. COUNCILMEMBER TART STATED THAT HE WOULD LIKE TO KNOW HOW THE MAYOR KNOWS THAT. 760 MAYOR OUDEH RESPONDED THAT HE TALKED TO MR. WHITSON WHEN HE WAS HERE MAYOR PRO -TEM WOMBLE STATED THAT ANOTHER MONTH TO GO THROUGH THIS PROCESS IS TOO LONG. COUNCILMEMBER TART STATED THAT COUNCIL HAS IN FRONT OF THEM A PROPOSAL OF WHAT THIS GENTLEMAN WILL ACCEPT THAT HE THINKS COUNCIL NEEDS TO LOOK AT. HE ADDED THAT HE THINKS COUNCIL NEEDS TO GET PAST THE FACT THAT MAYOR PRO - TEM WOMBLE HAS CONTACTED MR. WHITSON BECAUSE THAT IS SOMETHING THAT THEY ARE HAVING A PROBLEM GETTING BY. COUNCILMEMBER MCDOUGAL STATED THAT SHE STILL DOES NOT WANT TO MAKE A DECISION TONIGHT. COUNCILMEMBER BASS STATED THAT HE AGREED THAT COUNCIL SHOULD GET OVER MAYOR PRO -TEM WOMBLE GOING BEHIND THEIR BACKS BECAUSE HE HAS DONE IT BEFORE AND HAS DONE IT FOR ABOUT TWO YEARS NOW. COUNCILMEMBER TART STATED THAT HE DID NOT SAY THAT MAYOR PRO -TEM WENT BEHIND THEIR BACKS. HE ADDED THAT HE THINKS THAT MR. WOMBLE CONTACTED THE GENTLEMAN OUT OF CONCERN FOR WHAT HE SENT US. HE FURTHER STATED THAT MAYOR OUDEH COULD HAVE DONE THE SAME THING. MAYOR OUDEH RESPONDED THAT NOBODY EVER CALLED HIM. COUNCILMEMBER TART STATED THAT THEY DON'T TALK VERY MUCH. MAYOR OUDEH ASKED WHY DIDN'T HE CALL. HE LIVES IN TOWN, THE SAME PLACE THE MAYOR LIVES. COUNCILMEMBER TART EXTENDED THE SAME OFFER TO CALL HIM AS WELL. COUNCILMEMBER MCDOUGAL STATED THAT THE LETTER WAS JUST RECEIVED THIS MORNING FROM MR. WHITSON AND SHE WAS OUT OF TOWN ALL DAY SO SHE WAS IN FAVOR OF TABLING THE ISSUE. MOTION BY COUNCILMEMBER SUMNER, SECONDED BY COUNCILMEMBER MCDOUGAL TO TABLE THIS ITEM UNTIL THE NEXT MEETING. MOTION TIED: AYES: BASS NOES: WOMBLE SUMNER TART MCDOUGAL ROBINSON 3 -3 MAYOR BROKE THE TIE BY VOTING IN FAVOR OF TABLING UNTIL THE NEXT COUNCIL MEETING. COUNCILMEMBER TART STATED THAT HE THOUGHT COUNCIL WAS MAILING A MISTAKE BY NOT MAKING A DECISION ON THE MANAGER'S POSITION. MAYOR OUDEH STATED THAT THE DISCUSSION WAS OVER. COUNCILMEMBER TART STATED THAT HE WANTED THE PEOPLE TO KNOW HOW HE FELT. MAYOR OUDEH TOLD COUNCILMEMBER TART THAT HE WAS OUT OF ORDER AND THE DISCUSSION WAS OVER. RESOLUTION -TO STRIPE PORTIONS OF HWY 301 INTERIM CITY MANAGER AUTRY STATED THAT A RESOLUTION REQUESTING THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION TO STRIPE PORTIONS OF U.S. HIGHWAY 301 IN THE CITY OF DUNN IS PROVIDED FOR COUNCIL CONSIDERATION. HE ADDED THAT THIS WAS DISCUSSED PRIOR TO THE CONSTRUCTION OF THE NEW POST OFFICE ON 301 SOUTH AND IN TALKING WITH THE DEPARTMENT OF TRANSPORTATION RECENTLY THEY HAVE RECOMMENDED THAT COUNCIL GO AHEAD AND ADOPT A RESOLUTION TO HELP THIS PROJECT MOVE FORWARD. MOTION BY COUNCILMEMBER ROBINSON, SECONDED BY COUNCILMEMBER BASS TO APPROVE A RESOLUTION REQUESTING THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION TO STRIPE PORTIONS OF U.S. HIGHWAY 301 SOUTH IN THE CITY OF DUNN. MOTION UNANIMOUSLY APPROVED. (ATTACHMENT # 6) 761 RESOLUTION- WASTEWATER PROJECT INTERIM CITY MANAGER AUTRY STATED THAT A RESOLUTION TO APPLY FOR A MATCHING GRANT TO ASSIST IN FINANCING THE COST OF CONSTRUCTION OF THE WASTEWATER AND WATER SYSTEMS IMPROVEMENTS IS ATTACHED FOR COUNCIL CONSIDERATION. HE ADDED THAT THIS WAS APPLIED FOR LAST YEAR BUT WAS NOT FUNDED BUT IS BEING MADE AVAILABLE AGAIN THIS YEAR. MOTION BY COUNCILMEMBER MCDOUGAL, SECONDED BY COUNCILMEMBER SUMNER TO APPROVE THE RESOLUTION TO APPLY FOR A MATCHING GRANT TO ASSIST IN FINANCING THE COST OF THE CONSTRUCTION OF THE WASTEWATER AND WATER SYSTEMS PROJECT. MOTION UNANIMOUSLY APPROVED. (ATTACHMENT #7) i VEHICLE -CODE ENFORCEMENT OFFICER INTERIM CITY MANAGER AUTRY STATED THAT $7,000.00 WAS BUDGETED FOR THE PURCHASE OF A VEHICLE FOR THE CODE ENFORCEMENT OFFICER. HE ADDED THAT FOR SEVERAL MONTHS THEY HAVE BEEN LOOKING FOR A DECENT USED VEHICLE AND HAVE FOUND A 1995 S -10 BLAZER FOR $6,200.00 WITH ONE OWNER AND EVEN THOUGH IT HAS HIGH MILEAGE IT IS HIGHWAY MILES. HE STATED THAT THIS VEHICLE HAS BEEN INSPECTED AT THE CITY GARAGE AND IT APPEARS TO BE A GOOD VEHICLE. HE ADDED THAT QUOTES HAVE BEEN RECEIVED FROM LOCAL DEALERSHIPS ON COMPARABLE VEHICLES AND AFTER REVIEWING THE INFORMATION, IT IS HIS RECOMMENDATION THAT THEY PURCHASE "HE 1995 S -10 BLAZER FROM JOHN CARL ALLEN IN THE AMOUNT OF $6,200.00. MOTION BY COUNCILMEMBER BASS, SECONDED BY COUNCILMEMBER M-CDOUGAL TO APPROVE THE PURCHASE OF THE 1995 S -10 BLAZER IN THE AMOUNT OF $6,200.00 FOR THE CODE ENFORCEMENT OFFICER. MOTION UNANIMOUSLY APPROVED. (ATTACHMENT #8) INFORMATION MAYOR OUDEH STATED THAT HE HOPES THE CITY COUNCILMEMBERS WILL START WORKING TOGETHER MORE CLOSELY AND UNDERSTAND THAT EVERYONE HAS A POSITION ON THE CITY COUNCIL. COUNCILMEMBER BASS STATED THAT HE WOULD LIKE TO ASK PERMISSION TO SET UP A COMMITTEE INCLUDING COUNCILMEMBER ROBINSON (POLICE COMMISSIONER) TO MEET WITH THE POLICE CHIEF, THE TWO CAPTAINS AND THE AUXILIARY POLICE OFFICERS TO DISCUSS SOME ITEMS. INTERIM CITY MANAGER AUTRY STATED THAT HE WOULD SET UP THE MEETING NEXT WEEK AND WOULD REPORT BACK TO THEM. COUNCILMEMBER TART STATED THAT COUNCILMEMBERS SHOULD BE ABLE TO SIT HERE AS MATURE PEOPLE AND DISCUSS ANY MATTER WITHOUT GETTING UPSET OR BECOMING IRATE. HE ADDED HE DID NOT SEE ANYTHING WRONG WITH MAYOR PRO - TEM WOMBLE CONTACTING MR. WHITSON AND TALKING WITH HIM IN THE BEST INTEREST OF THE CITY. HE FURTHER STATED THAT HE THOUGHT COUNCIL HAD A GOOD PROPOSAL AND HE HOPES THEY DO NOT MISS A GOOD MAN. COUNCILMEMBER ROBINSON STATED THAT HE SUPPORTED MAYOR PRO -TEM WOMBLE AND HE WAS IN AGREEMENT FOR MR. WOMBLE TO CALL MR. WHITSON. HE ADDED THAT HE COULD NOT SEE WHERE THEY DONE ANYTHING WRONG OTHER THAN WHEN THEY REQUESTED THAT FORMER CITY MANAGER CARL DEAN HIRE MR. AUTRY WHEN THAT WAS MR. DEAN'S JOB. HE FURTHER STATED THAT TWO WRONGS DON'T MAKE A RIGHT. COUNCILMEMBER BASS STATED THAT HE AGREED WITH COUNCILMEMBER ROBINSON IN A LOT OF WAYS, BUT HE BELIEVES IT COMMON COURTESY FOR THE WHOLE BOARD TO BE CALLED AND TOLD WHAT IS GOING ON, ESPECIALLY THE MAYOR OF THIS TOWN. HE ADDED THAT AS LONG AS PEOPLE GO BEHIND YOUR BACK AND DO THINGS IT IS NOT GOING TO WORK AND HE IS UPSET ABOUT IT BECAUSE IT IS NOT RIGHT. MAYOR PRO -TEM WOMBLE STATED THAT AS FAR AS COUNCILMEMBERS TALKING WITH EACH OTHER, NO DOUBT THE MAYOR HAS TALKED WITH OTHER MEMBERS OF COUNCIL ABOUT THINGS AT SOME POINT IN TIME AND MR. WOMBLE HAS NOT RECEIVED ANY PHONE CALL. MAYOR OUDEH RESPONDED THAT IS NOT TRUE. 762 MAYOR PRO -TEM WOMBLE STATED THAT HE THINKS THEY ARE ALL DOING THE SAME THINGS. HE ADDED THAT HE SHOULD NOT BE REDICULED FOR ANYTIME SOMEONE CALLS HIM HE HAS TO TURN AROUND AND MAKE SIX ADDITIONAL PHONE CALLS BECAUSE THAT WOULD BE UNFAIR ON HIS PART. HE FURTHER STATED THAT AT THE LAST MEETING IT WAS THE CONSENSUS OF COUNCIL THAT THIS WAS THE BEST CANDIDATE FROM FORTY RESUMES AND COUNCIL ALSO REACHED A CONSENSUS ON A PROPOSAL TO EXTEND TO THIS GENTLEMAN. HE STATED THAT THE GENTLEMAN RESPONDED BACK TODAY AND BASICALLY LET US KNOW IN ALL RESPECTS WITH THE EXCEPTION OF THREE RELATIVELY MINOR ITEMS WHAT HE WOULD BE WILLING TO ACCEPT. HE ADDED THAT COUNCIL IS LEAVING THIS MEETING TONIGHT AND NOT EVEN CONSIDERING THE FACT THAT THEY ARE SO CLOSE TO WHAT FOUR MEMBERS WANTED TO CONSIDER AT THE LAST CLOSED SESSION. HE FURTHER STATED THAT LEAVING HERE WITHOUT MAKING THAT DECISION WOULD BE A MISTAKE AND HE THINKS IT IS REGRETFUL. HE FURTHER STATED THAT HIS CHOICE WOULD BE TO FIND SOMEONE THAT EVERYBODY LIKES BUT HE DOES NOT THINK THAT IS FEASIBLE GIVEN THE CIRCUMSTANCES. COUNCILMEMBER SUMNER STATED THAT HE WOULD LIKE TO SEE THIS ISSUE DEALT WITH TONIGHT BUT ON THE OTHER HAND HE DOES NOT WANT TO GO INTO SOMETHING WHERE EVERYONE DOES NOT HAVE A COMPLETE UNDERSTANDING, HE ADDED THAT HE TALKED WITH MAYOR PRO -TEM WOMBLE THIS AFTERNOON AND HE ASKED COUNCILMEMBER SUMNER IF HE WOULD MIND IF MR. WOMBLE CALLED THE GENTLEMAN AND COUNCILMEMBER SUMNER REPLIED THAT WOULD BE FINE BECAUSE HE WANTED TO KNOW WHERE THEY STAND ON THESE ISSUES. HE FURTHER STATED THAT HE DID NOT WANT TO DISRUPT THE COUNCIL ANY MORE AND THAT IS WHY HE IS IN FAVOR OF TABLING TO ALLOW EVERYONE THE OPPORTUNITY TO LOOK AT THIS PACKAGE WHICH WAS REALLY DECIDED ON A MONTH AGO. COUNCILMEMBER TART ASKED COULD THEY HOLD A SPECIAL CALL MEETING AND DEAL WITH THIS PRIOR TO A MONTH FROM NOW BECAUSE HE DID NOT THINK IT NEEDED TO BE PUT OFF A MONTH. COUNCILMEMBER SUMNER STATED THAT THEY ARE HIRING A CITY MANAGER AND THAT IS A BIG DEAL AND EVERYONE NEEDS TO BE IN ACCORDANCE. COUNCILMEMBER BASS STATED THAT HE THOUGHT THEY HAD THREW AWAY ENOUGH TAXPAYERS MONEY ON SPECIAL MEETINGS AND IF THEY DID HOLD A SPECIAL MEETING, HE WOULD NOT BE THERE AND HE ASKED THE MAYOR IF HE COULD BE EXEMPT BECAUSE HE FELT LIKE IT WAS ALREADY DECIDED AND HE DID NOT WANT TO WASTE ANYMORE OF THE TAXPAYERS MONEY. COUNCILMEMBER ROBINSON STATED THAT HE WOULD ALMOST MAKE A MOTION THAT IF THEY NEVER HAD ANOTHER CLOSED DOOR MEETING, IT WOULD BE FINE WITH HIM. HE ADDED THAT THE PEOPLE NEED TO KNOW WHAT IS GOING ON. HE FURTHER STATED THAT IT HAS BEEN EIGHTEEN MONTHS AND THE ONLY THING THE PEOPLE HAVE GOT IS A CARTOON. MOTION BY COUNCILMEMBER TART, SECONDED BY COUNCILMEMBER ROBINSON TO HOLD A SPECIAL CALL MEETING THURSDAY, SEPTEMBER 13, 2001 AT 7:00 P.M. IN THE MUNICIPAL BUILDING TO DISCUSS THE CITY MANAGER POSITION. COUNCILMEMBER SUMNER DECLINED TO VOTE. CITY ATTORNEY GODWIN STATED THAT THE EFFECT OF COUNCILMEMBER SUMNER ABSTAINING TO VOTE WOULD COUNT AS A YES VOTE. MOTION CARRIED 4 -2 AYES: WOMBLE NOES: MCDOUGAL TART BASS ROBINSON SUMNER �r WITH NO FURTHER DISCUSSION THE FOLLOWING BURIAL RIGHTS WERE EXECUTED: 1. MR. EDWARD L. ELLIOTT, AND HIS HEIRS, LOT 48, BLOCK 15 SPACE(S) 2, RESTHAVEN CEMETERY. 2. MS. MARY ALICE SANDERS, AND HER HEIRS, LOT 63, BLOCK 4, SPACE(S) 6, RESTHAVEN CEMETERY. 3. MR. JOHN H. SMITH, JR. AND HIS HEIRS, LOT 10, BLOCK 13, SPACE(S) 5 -8, RESTHAVEN CEMETERY. 4. MS. TAMMY MCKOY AND HER HEIRS, LOT 17, BLOCK 2, SPACE(S) 6, RESTHAVEN CEMETERY. 763 5. MR. WILLIAM M. BATES, JR. AND HIS HEIRS, LOT 4, BLOCK Z, SPACE(S) 1 -8, GREENWOOD CEMETERY. 6. MS. JANIE HOLLIS AND HER HEIRS, LOT 10, BLOCK 13, SPACE(S) 1 -4, RESTHAVEN CEMETERY. W 14i0ftl UIV U4;{ HER BUSINESS TO DISCUSS THE MEETING WAS ADJOURNED AT 8:05 P.M. �`A ............. �� •" L s O pp O fi,q T � ? • V ®°° x _ BR O H MA �1// 1< d TINA M. SILLS DEPUTY CLERK