12062001782
AMENDED MINUTES
CITY OF DUNN
DUNN, NORTH CAROLINA
THE CITY COUNCIL OF THE CITY OF DUNN HELD A REGULAR MEETING ON
THURSDAY, DECEMBER 6, 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,
POLICE CHIEF PAT GODWIN, CAPTAIN MORRY DENNING, FIRE CHIEF AUSTIN TEW,
FINANCE DIRECTOR RENEE' DAUGHTRY, UTILITY SPECIALIST SUPERVISOR PATTY
PAGE, PUBLIC WORKS SUPERINTENDENT THOMAS JERNIGAN, RECREATION
DIRECTOR PERRY HUDSON, CHIEF BUILDING INSPECTOR SHANE HUDSON, LIBRARIAN
DEBORAH MELVIN, CITY ENGINEER ED POWELL, CITY ATTORNEY BILLY GODWIN,
INTERIM HUMAN RESOURCE OFFICER MOSES GALLION AND DAILY RECORD
REPORTER LISA FARMER.
DEPUTY CLERK TINA SILLS WAS ABSENT EXCUSED DUE TO A FAMILY EMERGENCY.
INVOCATION
MAYOR OUDEH OPENED THE MEETING AT 7:00 P.M. AND ASKED CAROLYN MCDOUGAL
TO GIVE THE INVOCATION. AFTERWARDS, THE PLEDGE OF ALLEGIANCE WAS REPEATED.
PRESENTATIONS
MAYOR OUDEH PRESENTED PLAQUES TO TWO MEMBERS OF THE DUNN RESCUE SQUAD,
ANTHONY DAVIS AND RICHARD STUMP WHO WON THE II ANNUAL PARAMEDIC
COMPETITION IN GREENSBORO, N.C.
MAYOR OUDEH CLOSED THE REGULAR MEETING AND OPENED PUBLIC HEARINGS AT 7:05
P.M.
PUBLIC HEARINGS
CITY HALL OFFICE HOURS
INTERIM CITY MANAGER AUTRY STATED THAT THE PUBLIC HAS BEEN NOTIFIED THAT
ORAL AND WRITTEN COMMENTS WOULD BE HEARD AND RECEIVED CONCERNING
CHANGING THE OFFICE HOURS FOR THE FINANCE AND ADMINISTRATION OFFICES AT
CITY HALL. HE ADDED THAT THE CURRENT OFFICE HOURS ARE 8:30 A.M. - 5:30 P.M. AND
HE IS REQUESTING THAT IT BE CHANGED TO 8:00 A.M. - 5:00 P.M. BECAUSE HE FEELS
THAT THE CITY COULD BETTER SERVE THE PUBLIC BETWEEN THESE HOURS.`
HE FURTHER STATED THAT THE PUBLIC HEARING WAS DULY ADVERTISED ON
NOVEMBER 30, 2001 AND ALL PERTINENT DATA IS ATTACHED UNDER ITEM VI -1.
MAYOR OUDEH ASKED IF THERE WAS ANYONE PRESENT TO SPEAK FOR OR AGAINST THIS
REQUEST. HEARING NONE, HE CLOSED THE PUBLIC HEARING IN REFERENCE TO SAME.
REZONING REQUEST
GROUP FURNITURE BUYERS & DISTRIBUTORS t'
INTERIM CITY MANAGER AUTRY STATED THAT THE PUBLIC HAS BEEN NOTIFIED THAT
ORAL AND WRITTEN COMMENTS WOULD BE HEARD AND RECEIVED CONCERNING THE
REQUEST BY GROUP FURNITURE BUYERS & DISTRIBUTORS INC. TO REZONE THE
PROPERTY LOCATED AT 211 EAST HARNETT STREET.
HE ADDED THAT THE PUBLIC HEARING WAS DULY ADVERTISED ON NOVEMBER 23, 2001
AND NOVEMBER 30, 2001. ALSO, THE PLANNING BOARD MET ON NOVEMBER 13, 2001 AND
RECOMMENDED APPROVAL OF THE REQUEST. A COPY OF THE APPLICATION, MINUTES OF
THE PLANNING BOARD AND OTHER PERTINENT DATA IS ATTACHED UNDER ITEM VI -2.
MAYOR OUDEH ASKED IF THERE WAS ANYONE PRESENT TO SPEAK FOR OR AGAINST THIS
REQUEST. HEARING NONE, HE CLOSED THE PUBLIC HEARING IN REFERENCE TO SAME.
CONSENT ITEMS
MAYOR OUDEH ASKED IF THERE WERE ANY CONSENT ITEMS THAT COUNCIL WISHED TO
PULL FOR FURTHER DISCUSSION.
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MINUTES - COUNCIL CONSIDERED APPROVAL OF MINUTES OF THE NOVEMBER 1, 2001
MEETING.
TAX RELEASES /REFUNDS - COUNCIL CONSIDERED APPROVAL OF TAX RELEASES/REFUNDS
#54- #69.
FINANCE DEPARTMENT - DESTRUCTION OF RECORDS- COUNCIL CONSIDERED APPROVING
A LIST OF ALL RECORDS THAT HAVE EXCEEDED THE REQUIRED RETENTION TIME THAT
NEEDS TO BE DESTROYED. (ATTACHMENT #I)
BUDGET AMENDMENTS - COUNCIL CONSIDERED APPROVAL OF BUDGET AMENDMENTS #26
AND #27. (ATTACHMENT #2)
MOTION BY COUNCILMEMBER BASS, SECONDED BY COUNCILMEMBER TART TO APPROVE
THE ABOVE CONSENT ITEMS. MOTION UNANIMOUSLY APPROVED.
CITY HALL OFFICE HOURS
INTERIM CITY MANAGER AUTRY STATED THAT THE HOURS ARE BEING RECOMMENDED
TO BE CHANGED TO 8:00 A.M: 5:00 P.M.
COUNCILMEMBER BASS ASKED IF THE CITY DID A COUNT OF HOW MANY CUSTOMERS
ARE SERVED AFTER 5:00 P.M.
INTERIM CITY MANAGER AUTRY RESPONDED THAT OVER A 26 -DAY PERIOD THERE WERE
TWELVE CUSTOMERS THAT CAME INTO THE OFFICE AFTER 5:00 P.M. HE ADDED THAT
THERE WERE A CONSIDERABLE AMOUNT MORE STANDING OUT IN THE LOBBY BEFORE
8:30 A.M. WAITING FOR THE DOORS TO OPEN.
COUNCILMEMBER ROBINSON STATED THAT HE WOULD LIKE TO EXPRESS HIS OPINION.
HE ADDED THAT IT SEEMS THE CITIZENS DO NOT HAVE ANY RIGHTS AT ALL. IF THEIR
WATER BILL IS LATE, THEY HAVE TO PAY $25.00 AND NOW IF THEY CHANGE THE OFFICE
HOURS IT WILL BE HARDER FOR THEM TO PAY THEIR BILL.
COUNCILMEMBER TART ASKED WHAT SERVICES DO THE CITIZENS MISS OUT ON
BETWEEN 5:00 P.M. AND 5:30 P.M. HE ASKED INTERIM CITY MANAGER AUTRY IF THE
CITIZENS CAN STILL DROP THEIR WATER PAYMENTS IN THE DROP BOX.
INTERIM CITY MANAGER AUTRY RESPONDED YES AND STATED THAT THERE ARE NO
OTHER SERVICES THAT THEY WOULD MISS. HE ADDED THAT THE PHONES RING FROM
8:00 A.M. TO 8:30 P.M. AND AFTER 5:00 P.M. EVERYTHING JUST STOPS.
MAYOR OUDEH ASKED IF THERE HAS BEEN ANY COMPLAINTS FROM THE PUBLIC.
INTERIM CITY MANAGER AUTRY RESPONDED THAT HE HAS NOT HEARD ANY
COMMENTS.
MOTION BY COUNCILMEMBER SUMNER, SECONDED BY COUNCILMEMBER BASS TO
CHANGE THE OFFICE HOURS FOR THE ADMINISTRATION AND FINANCE DEPARTMENT TO
8:00 A.M. TO 5:00 P.M. MOTION CARRIED 5 -1.
AYES: NOES:
SUMNER ROBINSON
BASS
MCDOUGAL
TART
WOMBLE
REZONING REQUEST
GROUP FURNITURE BUYERS & DISTRIBUTORS, INC.
INTERIM CITY MANAGER AUTRY STATED THAT A REQUEST WAS RECEIVED FROM GROUP
FURNITURE BUYERS & DISTRIBUTORS, INC. TO REZONE THE PROPERTY LOCATED AT 211
EAST HARNETT STREET FROM R -7 TO C -0 SO THAT A MODULAR OFFICE UNIT CAN BE
LOCATED AND SET UP ON THE PROPERTY FOR OPERATION AS AN OFFICE.
HE ADDED THAT THE PLANNING BOARD MET ON NOVEMBER 13, 2001 AND
RECOMMENDED APPROVAL OF THIS REQUEST AND THE MINUTES OF THE MEETING, THE
APPLICATION FOR REZONING AND A MAP OF THE PROPERTY IS ATTACHED FOR YOUR
REVIEW.
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MAYOR PRO -TEM WOMBLE ASKED INTERIM CITY MANAGER AUTRY IF COUNCIL COULD
HAVE SOME TYPE OF FURTHER DESCRIPTION OF THE MODULAR OFFICE UNIT THAT IS
BEING REFERRED TO IN THE SUMMARY. HE ASKED IF THIS WOULD BE A PERMANENT
OFFICE UNIT.
COUNCILMEMBER BASS STATED THAT HE DISAGREED BECAUSE HE DID NOT THINK THE
CITY NEEDS TO START LETTING MODULAR BUILDINGS COME BACK INTO THE CITY. HE
F ADDED
STATED THAT HE THOUGHT IT O WOULD BE FINE OR A FFICE
UNTIL A PERMANENT BUILDING COULD BE BUILT.
COUNCILMEMBER MCDOUGAL STATED THAT THE CITY OF DUNN ALREADY HAS THESE
MODULAR UNITS IN TOWN.
COUNCILMEMBER TART STATED THAT IT IS NOT WHETHER THEY ALLOW THIS TYPE OF
BUILDINGS COME BACK INTO TOWN, IT IS A MATTER OF WHETHER TO ALLOW THE
REZONING SO THAT THESE MODULAR BUILDINGS COULD BE PLACED IN TOWN.
MAYOR PRO -TEM WOMBLE STATED THAT THE C -0 ZONING WILL ALLOW MODULAR
UNITS IN THE CITY. HE ADDED THAT HE DID NOT THINK THAT C -0 IN THAT PARTICULAR
AREA IS NOT INAPPROPRIATE BUT WHAT IS INAPPROPRIATE IS THE FACT THAT A
MODULAR UNIT MIGHT BE ALLOWED IN A C -0. HE FURTHER STATED THAT HE
SUPPORTED THIS PARTICULAR PROPERTY BEING ZONED C -0; HOWEVER COUNCIL MAY
NEED TO LOOK AT THAT ZONING ORDINANCE IN THE FUTURE AND CONSIDER REMOVING
MODULAR UNITS.
MOTION BY MAYOR PRO -TEM WOMBLE, SECONDED BY COUNCILMEMBER MCDOUGAL TO
ADOPT THE RECOMMENDATION MADE BY THE PLANNING BOARD TO REZONE THE
PROPERTY TO C -0. MOTION CARRIED 5 -1.
AYES: NOES:
WOMBLE BASS
MCDOUGAL
TART
ROBINSON
SUMNER
MAYOR PRO -TEM WOMBLE STATED THAT HE WOULD LIKE TO MAKE A REQUEST THAT
INTERIM CITY MANAGER AUTRY CONSULT WITH THE PLANNING BOARD AND ASK THEM
TO LOOK AT MODULAR UNITS BEING ALLOWED IN OUR ZONING DISTRICTS TO SEE IF
THERE IS A RECOMMENDATION THAT THEY CAN MAKE TO COUNCIL IN CONNECTION
WITH THAT,
LEASE- HARNETT HIGH ALUMNI ASSOCIATION
INTERIM CITY MANAGER AUTRY STATED THAT A COPY OF THE SUB LEASE BETWEEN THE
CITY OF DUNN AND HARNETT HIGH ALUMNI ASSOCIATION IS ATTACHED FOR COUNCIL
REVIEW AND CONSIDERATION.
HE ADDED THAT ANY QUESTIONS COUNCIL HAS NEED TO BE DIRECTED TO THE CITY
ATTORNEY WHO PREPARED THE DOCUMENT.
COUNCILMEMBER TART STATED THAT HE DID NOT THINK THE TERM OF THE LEASE
SHOULD GO BEYOND THE CURRENT TERM THAT THE CITY HAS WITH THE BOARD OF
EDUCATION.
CITY ATTORNEY GODWIN STATED THAT THE CITY'S LEASE WITH THE SCHOOL BOARD
EXPIRES NOVEMBER 30, 2008 AND HE FELT LIKE THIS ISSUE WAS COVERED IN THE SUB
LEASE TO THE ALUMNI ASSOCIATION IN THAT THE CITY HAS A LEASE WITH THE SCHOOL
BOARD AND THOSE TERMS HAVE TO BE COMPLIED WITH. HE ADDED THAT BY
IMPLICATION IF THEIR LEASE WERE TO GO PASS OUR LEASE WITH THE SCHOOL BOARD
THEN THEY WOULD HAVE TO RE- NEGOTIATE DIRECTLY WITH THE SCHOOL BOARD.
HE FURTHER STATED THAT HE THINKS COUNCILMEMBER TART'S POINT IS WELL TAKEN
AND IF THE COUNCIL DESIRES HE CAN MAKE THE LEASE TERMINATE THE SAME DATE
THAT THE LEASE WITH THE SCHOOL BOARD TERMINATES.
CITY ATTORNEY GODWIN STATED THAT HE COULD MODIFY THE LEASE TO STATE THAT
THE LEASE WOULD TERMINATE AT THE SAME TIME OUR ORIGINAL LEASE TERMINATES
OR IF THE CITY DECIDES TO EXTEND THEIR SUB LEASE WITH THE SCHOOL, THEN IT
WOULD TERMINATE AT THE 10 -YEAR POINT.
785
MAYOR PRO -TEM WOMBLE STATED THAT HE HAS QUESTIONED IT BEFORE WHETHER OR
NOT THAT IS PROPERTY THAT THE CITY OF DUNN NEEDS TO BE INVOLVED IN TO BEGIN
WITH. HE ADDED THAT HE HAD TOURED THE FACILITY AND EVEN THOUGH THE CITY
HAS SPENT A GREAT DEAL OF MONEY ON THE GYMS IN A FAIRLY DECENT STATE OF
REPAIR. THE OTHER BUILDINGS ARE FROM WHAT HE COULD SEE IN A STATE OF
DISREPAIR. HE FURTHER STATED THAT A CONCERN HE HAD WAS KNOWING WHAT THE
CITY'S BUDGET LOOKS LIKE, WOULD THAT BE A FINANCIAL RESPONSIBILITY THAT THE
CITY CAN TAKE ON TO MAINTAIN THAT PROPERTY OVER THE YEARS.
HE STATED THAT HE WOULD BE MORE INCLINED TO CARVE OUT THE GYM FOR THE PAL
PROGRAM AND OTHER BUILDINGS THAT ARE IN GOOD REPAIR, AND LET THE REST GO
BACK TO THE BOARD OF EDUCATION OR DO SOMETHING ELSE WITH IT. HE ADDED
THERE ARE SOME BUILDINGS THERE THAT HE DID NOT THINK THE CITY NEEDED TO BE
RESPONSIBLE FOR. HE FURTHER STATED THAT HE WOULD EVEN STATE IN THE LEASE
THAT IF THE CITY TERMINATES THE LEASE FOR ANY REASON WITH THE SCHOOL BOARD,
THEN THE LEASE WITH THE HARNETT HIGH ALUMNI WOULD ALSO TERMINATE BECAUSE
HE WOULD HOPE THAT THE CITY WOULD NOT STAY IN FOR TEN YEARS.
HE STATED THAT HE THOUGHT ONE THING THAT NEEDED TO BE ADDRESSED IN THE
LEASE IS THAT IF THIS GROUP SPENDS A SUBSTANTIAL SUM OF MONEY ON
IMPROVEMENTS AND FOR SOME REASON OUR LEASE WOULD TERMINATE THEN WE NEED
TO BE HELD HARMLESS FOR REIMBURSING ANYONE FOR THEIR IMPROVEMENTS.
COUNCILMEMBER ROBINSON STATED THAT IT WAS PROBABLY A LITTLE TOO LATE FOR
THAT BECAUSE IT HAS BEEN ADDRESSED TO PAST COUNCILS.
COUNCILMEMBER MCDOUGAL ASKED INTERIM CITY MANAGER AUTRY IF THE HARNETT
HIGH ALUMNI ASSOCIATION LOOKED AT THAT BUILDING.
INTERIM CITY MANAGER AUTRY RESPONDED YES.
COUNCILMEMBER MCDOUGAL STATED THAT BECAUSE THEY HAVE LOOKED AT THE
BUILDING, THEY KNOW WHAT THEY ARE GETTING INTO. SHE ADDED THAT THE TWO
ROOMS HAVE ALREADY BEEN DESIGNATED TO THEM BY THIS COUNCIL. SHE FURTHER ,
STATED THAT COUNCIL HAS SEEN THE SUB LEASE AND NOW IS THE TIME TO RENT THE
BUILDING TO THEM.
MAYOR PRO -TEM WOMBLE STATED THAT THIS IS THE MEETING THAT COUNCIL IS
DISCUSSING THE LEASE AGREEMENT. HE ADDED THAT HE HAD ADDRESSED THESE
IDENTICAL CONCERNS PREVIOUSLY AND THESE CONCERNS HAVE NOT BEEN
INCORPORATED IN THIS LEASE. HE FURTHER STATED THAT HE WANTED TO BE SURE
THAT IF THE CITY OF DUNN TERMINATES ITS LEASE FOR ANY REASON WITH THE BOARD
OF EDUCATION THAT THE CITY WOULD NOT BE RESPONSIBLE FOR IMPROVEMENTS THAT
SOMEBODY ELSE HAS MADE, AND THE OTHER ISSUE IS THAT THE LEASE DOES NOT HAVE
ANYTHING REGARDING THE LIMITS OF INSURANCE OR THE CITY BEING LISTED AS A
NAMED INSURED.
COUNCILMEMBER TART ASKED MAYOR PRO -TEM WOMBLE IF HE WAS TALKING ABOUT
LIABILITY INSURANCE ONLY.
MAYOR PRO -TEM WOMBLE RESPONDED YES.
CITY ATTORNEY GODWIN STATED THAT HARNETT HIGH ALUMNI ASSOCIATION WOULD
BE REQUIRED TO PURCHASE A GENERAL LIABILITY POLICY.
MAYOR PRO -TEM WOMBLE STATED BUT THEY ARE NOT REQUIRED TO NAME THE CITY
OF DUNN AS THE INSURED AND NO SPECIFIC LIMITS.
COUNCILMEMBER MCDOUGAL ASKED IF THE CITY WAS LISTED AS THE INSURED ON A
POLICY FOR HOPE MINISTRIES, AND ASKED WHY WAS THIS ANY DIFFERENT. /
CITY ATTORNEY GODWIN RESPONDED THAT THE CITY HAS A POLICY THAT COVERS ALL
OF THE CITY'S BUILDINGS AND ANY PROPERTY THAT THE CITY OWNS. HE ADDED THAT
HOPE MINISTRIES IS REQUIRED TO HAVE A POLICY AND HE DOES NOT KNOW IF THE CITY
IS NAMED ON THAT POLICY AS THE INSURED.
COUNCILMEMBER TART STATED HE DID NOT KNOW WHAT THAT HAD TO DO WITH THIS
LEASE BECAUSE THAT WAS UNDER A DIFFERENT COUNCIL.
MAYOR OUDEH STATED THAT HE THOUGHT COUNCIL COULD REQUEST THAT HOPE
MINISTRIES OBTAIN THE SAME THING THAT THIS LEASE STATES TO PROTECT THE CITY
OF DUNN.
wc
COUNCILMEMBER BASS STATED THAT ANYONE ON THAT PROPERTY SHOULD HAVE
INSURANCE AND THE INSURED SHOULD BE NAMED AS THE CITY OF DUNN.
MAYOR PRO -TEM WOMBLE STATED THAT THE LEASE SHOULD STATE THE APPROPRIATE
LIMITS BECAUSE SOME OF THOSE BUILDINGS ARE PROBABLY NOT UP TO CURRENT CODE
STANDARDS AND IF SOMEONE IS INJURED WHAT KIND OF RESPONSIBILITY DOES THE
CITY HAVE TO THE PUBLIC TO MAINTAIN IT'S OWN BUILDINGS IN CURRENT CODE. HE
ADDED THAT THEY NEED TO BE SURE THAT THE GENERAL INDEMNITY COVERS THAT
ISSUE AS WELL.
MAYOR PRO -TEM WOMBLE STATED THAT IF THERE IS MORE SPACES IN THAT BUILDING
HE WOULD HOPE THAT THIS LEASE WOULD BE A MODEL FOR FUTURE LEASES. HE
ADDED THAT HE WAS NOT PICKING ON THIS ENTITY JUST THE LEASE ITSELF IN THE WAY
IT IS WORDED AND WHAT IT SHOULD BE.
CITY ATTORNEY GODWIN STATED THAT THERE IS A GENERAL INDEMNITY PROVISION
THAT STATES IF SOMEONE IS HURT, THE TENANT WOULD HOLD THE CITY HARMLESS.
MAYOR PRO -TEM WOMBLE STATED THAT THE LAST ISSUE OF CONCERN IS THAT THE
LEASE SHOULD BE CLEAR THAT THE CITY OF DUNN WILL INCUR NO COSTS ON BEHALF
OF ANY TENANT PURSUANT TO THIS LEASE. IF THE TENANT MOVES IN AND FINDS
SOMETHING THAT THEY WERE NOT AWARE OF THAT THEY CANNOT COME BACK TO HE
CITY AND SAY WE SHOULD OF TOLD THEM. HE ADDED THAT HE JUST WANTED TO MAKE
SURE THAT THERE IS NO HIDDEN COSTS FOR THE CITY DOWN THE ROAD WITH THIS
LEASE OR ANY OTHER SIMILAR LEASES IN THE FUTURE.
MAYOR OUDEH STATED THAT IT WOULD BE A GOOD IDEA TO MAKE ALL THE RULES AND
REGULATIONS THE SAME FOR ALL OTHER LEASES PREVIOUS AND PRESENT.
MAYOR PRO -TEM WOMBLE STATED THAT COUNCIL WOULD HAVE TO WAIT FOR ANY
PREVIOUS LEASES TO EXPIRE BEFORE THESE PROVISIONS COULD TAKE EFFECT. HE
ADDED THAT IF THE TENANT'S EXEMPT PURPOSE SUCH AS NON- PROFIT STATUS OR
CURRENT ACTIVITIES SHOULD CHANGE MAYBE THAT WOULD CAUSE SOME
RECONSIDERATION OF THE LEASE OR MAYBE REQUIRE THEM TO REPORT TO US
_J PERIODICALLY BECAUSE THAT IS THE COMPLAINT THAT SOME HAVE HAD WITH THE
EXISTING TENANT.
AFTER DISCUSSION, MOTION BY COUNCILMEMBER MCDOUGAL, SECONDED BY
COUNCILMEMBER ROBINSON TO ACCEPT THE LEASE WITH THE FOLLOWING PROVISION
THAT WHEN THE TERM RUNS OUT WITH THE CITY, IT SHOULD BE RENEGOIATED WITH
THE BOARD OF EDUCATION AND THEY WOULD STILL HAVE UP TO THE TEN YEAR PERIOD.
COUNCILMEMBER TART STATED THAT THE CITY SPENT A LOT OF MONEY ON FIXING UP
THOSE TWO ROOMS AND TO ALLOW THE HARNETT HIGH ALUMNI ASSOCIATION TO BE
ABLE TO USE THOSE ROOMS IS GOOD. HE ADDED THAT IT SEEMS THE CITY IS THE BAD
GUYS BUT THEY ARE NOT. HE FURTHER STATED THAT THE ONLY THING COUNCIL IS
TRYING TO DO IS DEVELOP A LEASE THAT MEETS EVERYONES APPROVAL.
COUNCILMEMBER MCDOUGAL STATED THAT FORMER CITY MANAGER CARL DEAN HAD
ALREADY GIVEN THESE ROOMS TO THE HARNETT HIGH ALUMNI ASSOCIATION. SHE
ASKED MS. JESSIE MCKOY TO COME FORWARD TO ADDRESS COUNCIL.
MS. JESSIE MCKOY STATED THAT SHE HAS NEVER REALLY DEALT WITH THE CITY
COUNCIL BUT HAS FOUND OUT IN THE LAST FEW MONTHS THAT YOU HAVE TO HAVE A
LOT OF PATIENCE TO DEAL WITH THEM BECAUSE THERE ARE SOME THINGS THAT
COUNCIL DOES NOT UNDERSTAND. SHE ADDED THAT SHE CAME BEFORE COUNCIL AND
SPOKE ON BEHALF OF THE HARNETT HIGH ALUMNI ASSOCIATION TO OBTAIN THE TWO
ROOMS SO THAT THEY COULD HOLD THEIR MEETINGS AND TO DISPLAY THEIR
PARAPHERNALIA. SHE FURTHER STATED THAT IT SEEMS THAT THE HARNETT HIGH
ALUMNI ASSOCIATION IS BEING COMPARED TO OTHER ORGANIZATIONS AND ALL THEY
WANTED WAS THE ROOMS. SHE FURTHER STATED THAT SHE HAS HEARD COUNCIL
DISCUSS THE GYM AND THE OTHER BUILDINGS BUT ALL THEY WANT IS TO MEET IN
THOSE ROOMS AND AS FAR AS INSURANCE, SHE THINKS EVERYONE THERE HAS ENOUGH
CARE FOR THE PORTION OF THE BUILDING THAT THEY WILL BE USING THAT THEY ARE
GOING TO PROTECT AND INSURE IT.
SHE STATED THAT THERE WAS A YOUNG MAN IN THEIR GROUP WHO WANTED TO FIX
THE ROOMS UP AND THEY WERE GOING TO HELP HIM. SHE ADDED THAT THE HARNETT
HIGH ALUMNI ASSOCIATION IS A NON- PROFIT ORGANIZATION AND SHE WOULD
APPRECIATE COUNCIL VOTING TO APPROVE THE ROOMS AT THE OLD HARNETT PRIMARY
SCHOOL.
787
MAYOR PRO -TEM WOMBLE STATED THAT THIS COUNCIL HAS HAD PROBLEMS WITH A
PREVIOUS TENANT AND UNFORTUNATELY IT SOUNDS LIKE COUNCIL IS PICKING ON HER
ORGANIZATION BUT COUNCIL IS JUST TRYING TO DEVISE A LEASE THAT WOULD BE
APPROPRIATE FOR THEIR ORGANIZATION AS WELL AS OTHER ORGANIZATIONS THAT
MAY COME LATER OR CONCURRENTLY WITH THIS ORGANIZATION.
MS. MCKOY ASKED MAYOR PRO -TEM WOMBLE WHAT WAS WRONG WITH THE LEASE.
MAYOR PRO -TEM WOMBLE RESPONDED THAT WHEN LEASES ARE EXECUTED BETWEEN
PEOPLE THEY CONTAIN CERTAIN PROVISIONS. HE ADDED THAT THEY DO NOT USUALLY
HAVE EXTRAORDINARY LONG TERMS BECAUSE THINGS CHANGE BEYOND PEOPLE'S
CONTROL. HE FURTHER STATED THAT THE TAXPAYERS SHOULD NOT SUFFER IF
SOMEONE BECOMES INJURED AT THAT SITE AND WANTS TO SUE THE CITY.
HE STATED THAT THE CITY NEEDS A LEASE THAT WOULD BE EQUAL TO EVERYONE. HE
ADDED THAT THESE PROVISIONS DO NOT PREVENT THEM FROM OCCUPYING THE
BUILDING.
COUNCILMEMBER TART STATED THAT COUNCIL SHOULD HAVE BEEN WORKING ON A
GENERIC LEASE THAT WOULD BE FOR ANYONE WANTING TO OCCUPY THE BUILDING,
NOT JUST FOR THE HARNETT HIGH ALUMNI ASSOSCIATION.
COUNCILMEMBER BASS ASKED IF COUNCIL WAS GOING TO SET A LIMIT ON THE
INSURANCE.
CITY ATTORNEY GODWIN STATED THAT ON A COMMERCIAL LEASE $500,000.00 TO
$1,000,000.00 WOULD BE NORMAL.
COUNCILMEMBER MCDOUGAL AMENDED HER ORIGINAL MOTION, SECONDED BY
COUNCILMEMBER ROBINSON TO APPROVE THE SUBLEASE WITH THE PROVISIONS THAT
HARNETT HIGH ALUMNI ASSOCIATION OBTAIN INSURANCE IN THE AMOUNT OF
$500,000.00 WITH THE CITY OF DUNN NAMED AS AN ADDITIONAL NAME INSURED, TO ADD
IN THE SUBLEASE THAT THE CITY WILL NOT INCUR ANY COSTS FOR ANY REASON ON /
BEHALF OF THE TENANT, AND IF THE CITY OF DUNN'S LEASE TERMINATES WITH THE
BOARD OF EDUCATION, THEN THE HARNETT HIGH ALUMNI ASSOCIATIONS LEASE
WOULD CC_ SASE MOTION UNANIMOUSLY APPROVED.
RESOLUTION -NC LOCAL GOVERNMENT DEBT SET -OFF PROGRAM
INTERIM CITY MANAGER AUTRY STATED THAT ATTACHED IS A RESOLUTION
AUTHORIZING THE CITY OF DUNN TO PARTICIPATE IN THE NC LOCAL GOVERNMENT
DEBT SETOFF PROGRAM. HE ADDED THIS PROGRAM PERMITS COUNTIES AND CITIES TO
SUBMIT ANY OUTSTANDING DELINQUENT DEBT THROUGH A LOCAL GOVERNMENT
CLEARINGHOUSE TO THE NC DEPARTMENT OF REVENUE, IN AN ATTEMPT TO MATCH
THESE DEBTS AGAINST INDIVIDUAL INCOME TAX REFUNDS. HE FURTHER STATED THAT
THE TAXPAYERS INCOME TAX REFUND WILL BE REDUCED BY THE AMOUNT DUE TO THE
COUNTY OR CITY.
IIE STATED THAT ALONG WITH APPROVAL OF THIS RESOLUTION COUNCIL WILL NEED TO
APPOINT A DESIGNATED PERSON TO CONDUCT THE HEARINGS AND RENDER DECISIONS.
HE ADDED THAT CITY ATTORNEY GODWIN AND FINANCE DIRECTOR RENEE' DAUGHTRY
ARE PRESENT TO DISCUSS AND ANSWER QUESTIONS AND DISCUSS THIS PACKET.
MAYOR PRO -TEM WOMBLE ASKED IF COUNCIL COULD DESIGNATE THE FINANCE
DIRECTOR IN GENERIC TERMS OR DOES IT HAVE TO BE AN INDIVIDUAL.
CITY ATTOR34EY GODWIN RESPONDED THAT THEY COULD DESIGNATE ANYONE THEY
WANTED TO. HE STATED THAT COUNCIL IS BEING ASKED TO ENTER INTO A
MEMORANDUM OF UNDERSTANDING WITH THE NC CLEARINGHOUSE WHICH CONSISTS
OF THE NC COUNTY COMMISSIONERS ASSOCIATION AND THE NC LEAGUE OF
MUNICIPALITIES. HE ADDED THAT FINANCE DIRECTOR RENEE' DAUGHTRY AND HE HAD
DISCUSSED WHO THEY THOUGHT WOULD BE THE IDEAL PERSON TO DESIGNATE AS THE
HEARING OFFICER. HE FURTHER STATED THAT THEY DECIDED THAT THE CITY
ATTORNEY OR THE CITY MANAGER WOULD MOST LIKELY BE THE IDEAL PERSON
BECAUSE TIIE FINANCE DIRECTOR WOULD BE THE PERSON PRESENTING THE DEBT OR
THE CLAIM.
MOTION BY MAYOR PRO -TEM WOMBLE, SECONDED BY COUNCILMEMBER BASS TO
ADOPT TIIE RESOLUTION AND DESIGNATE THE CITY MANAGER AS THE PERSON TO HOLD
HEARINGS AND CONDUCT PROCEEDINGS. MOTION UNANIMOUSLY APPROVED.
om
COUNCILMEMBER TART ASKED IF THEY KNEW HOW LONG THE PROCESS WAS.
CITY ATTORNEY GODWIN RESPONDED NO, IT IS SOMETHING NEW AND NO ONE IS DOING
IT YET. HE ADDED THAT HE DID NOT THINK IT WOULD TAKE VERY LONG.
COUNCILMEMBER TART STATED THAT IF THERE IS A LOT OF TIME CONSUMED IN THE
PROCESS, THEN MAYBE THEY SHOULD CONSIDER DESIGNATING ONE PERSON TO HANDLE
IT.
INFORMATION
POLICE CHIEF GODWIN STATED THAT HE WANTED TO INVITE THE MAYOR, ALL
COUNCILMEMBERS, CITY ATTORNEY AND CITY MANAGER TO THE POLICE DEPARTMENT
CHRISTMAS PARTY. HE ADDED IT WOULD BE HELD DECEMBER 15, 2001 AT 7:00 P.M. IN
THE SHRINE BUILDING.
MAYOR OUDEH WISHED EVERYONE HAPPY NEW YEAR AND MERRY CHRISTMAS.
INTERIM CITY MANAGER AUTRY STATED THAT THE ADVERTISEMENT FOR THE CITY
MANAGER POSITION HAS BEEN SUBMITTED TO THE ICMA AND THE LEAGUE OFFICE. THE
ADVERTISEMENT WILL APPEAR IN THE ICMA NEWSLETTER ON DECEMBER 17, 2001, IN
THE SOUTHERN CITY NEWSLETTER ON DECEMBER 15, 2001, AND IN THE LEAGUE LETTER
JANUARY 1, 2002. HE ADDED THAT THIS ADVERTISEMENT IS BASICALLY THE SAME AS
THE ONE BEFORE EXCEPT THE DEADLINE FOR APPLYING IS JANUARY 31, 2002.
MAYOR PRO -TEM WOMBLE ASKED IF A FACILITATOR HAS BEEN CONTACTED.
MAYOR OUDEH RESPONDED THAT THEY WILL BE TALKING TO ONE SOON.
WITH NO FURTHER DISCUSSION, THE FOLLOWING BURIAL RIGHTS WERE EXECUTED
1.
MR. MYRES T. STANFIELD AND HIS HEIRS,
LOT
11,
BLOCK
00,
SPACE(S) 8,
GREENWOOD CEMETERY.
2.
MR. MYRES T. STANFIELD AND HIS HEIRS,
LOT
19,
BLOCK
Y,
SPACE(S) 2,
GREENWOOD CEMETERY.
3.
MR. MYRES T. STANFIELD AND HIS HEIRS,
LOT
18,
BLOCK
00,
SPACE(S) 8,
GREENWOOD CEMETERY.
4.
TONY AND MARIE WEBB, LOT 42, BLOCK DD, SPACE(S)
4, MEMORIAL CEMETERY.
5.
MS. ANNIE T. JOHNSON AND HER HEIRS,
LOT
40,
BLOCK
11,
SPACE(S) 1,
RESTHAVEN CEMETERY.
6
MR JOHN W PHIL
CEMETERY. LIPS AND HIS HEIRS, LOT 64, BLOCK 15, SPACE(S) 4, RESTHAVEN
7. MR. JOSEPH MCNEILL AND HIS HEIRS, LOT 49, BLOCK 13, SPACE(S) 1, RESTHAVEN
CEMETERY.
8. MR. DANIEL J. SMITH AND HIS HEIRS, LOT 29, BLOCK 6, SPACE(S) 2, RESTHAVEN
CEMETERY.
9. MR. COSTELLA M. LIGGINS AND HIS HEIRS, LOT 28, BLOCK 13, SPACE(S) 5,
RESTHAVEN CEMETERY.
WITH
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Q ( %F S TO DISCUSS, THE MEETING WAS ADJOURNED AT 8:04 P.M.
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TINA M. SILLS
DEPUTY CLERK