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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. 783 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. 784 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 U�Vg ` `arrarrra Q ( %F S TO DISCUSS, THE MEETING WAS ADJOURNED AT 8:04 P.M. Az i ARP p Rq ' o S wos H MAY ATTT •.y E A� a °� aye °n9 weave•• " TH CAFt�,�.`` rr rraunm�t te TINA M. SILLS DEPUTY CLERK