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09052002:•. MINUTES CITY OF DUNN DUNN, NORTH CAROLINA THE CITY COUNCIL OF THE CITY OF DUNN HELD A REGULAR MEETING ON THURSDAY, SEPTEMBER 5, 2002, AT 7:00 P.M. IN THE DUNN MUNICIPAL BUILDING. PRESENT WAS MAYOR ABRAHAM OUDEH, MAYOR PRO -TEM MICHAEL WOMBLE, COUNCILMEMBERS TOBY SUMNER, GEORGE ROBINSON, JOEY TART, DONNIE OLDS AND PAUL BASS. ALSO PRESENT WAS PUBLIC WORKS DIRECTOR RONNIE AUTRY, CAPTAIN RONNIE RADCLIFFE, CAPTAIN MORRY DENNING, CITY ACCOUNTANT DEBBIE WILLIAMS, ACCOUNTING TECHNICIAN REGINA YOUNG, RECREATION DIRECTOR PERRY HUDSON, CHIEF BUILDING INSPECTOR SHANE HUDSON, INTERIM HUMAN RESOURCES OFFICER MOSES GALLION, FIRE CHIEF AUSTIN TEW, PUBLIC WORKS SUPERINTENDENT THOMAS JERNIGAN, LIBRARIAN DEBORAH MELVIN, UTILITY SERVICES SPECIALIST PATTY PAGE, CITY ENGINEER ED POWELL, CITY ATTORNEY P. TILGHMAN POPE, DEPUTY CLERK DEBRA WEST, AND DAILY RECORD REPORTER LISA FARMER. CITY MANAGER MICHAEL USKIEWICZ WAS ABSENT (OUT OF TOWN). PUBLIC WORKS DIRECTOR RONNIE AUTRY PRESIDED IN PLACE OF MANAGER USKIEWICZ. INVOCATION MAYOR OUDEH OPENED THE MEETING AT 7:01 P.M: AND ASKED DONNIE OLDS TO GIVE THE INVOCATION. AFTERWARDS, THE PLEDGE OF ALLEGIANCE WAS REPEATED. PRESENTATIONS SGT. RODNEY ROWLAND, PAL DIRECTOR, PRESENTED MR. IRVIN WARREN OF WARREN OIL COMPANY A PLAQUE IN HONOR OF OUTSTANDING SERVICE PROVIDED TO THE DUNN POLICE ATHLETIC /ACTIVITIES LEAGUE AND THE YOUTH IN HARNETT COUNTY DURING THE FAIR FUNDRAISER HELD JUNE 5 -8, 2002. MAYOR OUDEH CLOSED THE REGULAR MEETING AND OPENED PUBLIC HEARINGS AT 7:06 P.M. PUBLIC HEARINGS VOLUNTARY ANNEXATION BAREFOOT PROPERTY MR. AUTRY STATED THAT THE PUBLIC HAS BEEN NOTIFIED THAT ORAL AND WRITTEN COMMENTS WILL BE HEARD AND RECEIVED CONCERNING THE QUESTION OF VOLUNTARY CONTIGUOUS ANNEXATION OF .52 ACRES OF PROPERTY OWNED BY WILLIAM AND CAROLINE BAREFOOT AND LOCATED AT 4424 ASHE AVENUE. HE ADDED THE PUBLIC HEARING WAS DULY ADVERTISED ON AUGUST 22, 2002. 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. AMENDMENT OF ORDINANCE 1992 -001 (911 SURCHARGE) MR. AUTRY STATED THAT THE PUBLIC HAS BEEN NOTIFIED THAT ORAL AND WRITTEN COMMENTS WILL BE HEARD AND RECEIVED CONCERNING AMENDING THE EXISTING ORDINANCE 1992 -001 AUTHORIZING THE $1.00 FOR 911 MONTHLY SURCHARGE PER PHONE LINE TO $1.50 PER PHONE NUMBER, AFFECTING LINES THAT ARE LOCATED IN THE CITY OF DUNN. HE ADDED THE PUBLIC HEARING WAS DULY ADVERTISED ON AUGUST 19, 2002 AND AUGUST 26, 2002. MAYOR OUDEH ASKED IF THERE WAS ANYONE PRESENT TO SPEAK FOR OR AGAINST THIS REQUEST. HEARING NONE, MAYOR OUDEH CLOSED THE PUBLIC HEARING AND RECONVENED THE REGULAR COUNCIL MEETING AT 7:07 P.M. CONSENT ITEMS MAYOR OUDEH ASKED IF THERE WERE ANY CONSENT ITEMS THAT COUNCIL WISHED TO PULL FOR FURTHER DISCUSSION. MAYOR PRO -TEM WOMBLE PULLED #3 (RETIREMENT -K9 LEX), #4 (BUDGET AMENDMENTS), #6 (HUMAN RESOURCES /SAFETY OFFICER RECLASSIFICATIONS AND #7 (FIRE PROTECTION CONTRACT FOR AUTOMATIC AID) FOR DECISION.. THE FOLLOWING CONSENT ITEMS WERE CONSIDERED BY COUNCIL m. MINUTES - COUNCIL CONSIDERED APPROVAL OF MINUTES OF THE AUGUST 1, 2002 MEETING. AMENDMENT- COUNCIL CONSIDERED APPROVAL OF THE FEBRUARY, 2002 AMENDMENT TO MUNICIPAL RECORDS RETENTION. (ATTACHMENT #1) TAX RELEASES/REFUNDS- COUNCIL CONSIDERED APPROVAL OF TAX RELEASES/REFUNDS #06- #20. ASSET CAPITALIZATION THRESHOLD - COUNCIL CONSIDERED APPROVAL OF INCREASING THE ASSET CAPITALIZATION THRESHOLD FOR EQUIPMENT TO $5,000.00 AND A THRESHOLD OF $75,000.00 ESTABLISHED FOR INFRASTRUCTURE. MR. AUTRY STATED THAT BUDGET AMENDMENT #8 WILL BE PULLED BECAUSE MANAGEMENT HAS DETERMINED THIS ITEM WILL NOT COME FROM CAPITAL OUTLAY BUT FROM MAINTENANCE. MOTION BY MAYOR PRO -TEM WOMBLE, SECONDED BY COUNCILMEMBER ROBINSON TO APPROVE ALL CONSENT ITEMS WITH THE EXCEPTION OF ITEMS #3 (RETIREMENT K9 LEX), #4 (BUDGET AMENDMENT #7), #6 (HUMAN RESOURCES /SAFETY OFFICER RECLASSIFICATIONS), AND #7 (FIRE PROTECTION CONTRACT FOR AUTOMATIC AID). MOTION UNANIMOUSLY APPROVED. ITEMS FOR DECISION VOLUNTARY ANNEXATION BAREFOOT PROPERTY MR. AUTRY STATED THAT AT THE AUGUST COUNCIL MEETING, COUNCIL APPROVED A RESOLUTION FIXING DATE OF PUBLIC HEARING ON THE QUESTION OF VOLUNTARY CONTIGUOUS ANNEXATION OF .52 ACRES OF PROPERTY OWNED BY WILLIAM AND CAROLINE BAREFOOT AND LOCATED AT 4424 ASHE AVENUE. MR. AUTRY ADDED THAT PURSUANT TO N.C.G.S. 160A -31, THE NOTICE OF TONIGHT'S PUBLIC HEARING WAS ADVERTISED ON AUGUST 22, 2002. HE FURTHER STATED SHOULD COUNCIL WISH TO PROCEED WITH THE ANNEXATION, AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF DUNN IS ATTACHED ALONG WITH ALL PERTINENT DATA. MOTION BY COUNCILMEMBER SUMNER, SECONDED BY COUNCILMEMBER TART TO APPROVE AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF DUNN BY THE ANNEXATION OF .52 ACRES OF PROPERTY LOCATED AT 4424 ASHE AVENUE AND OWNED BY WILLIAM AND CAROLINE BAREFOOT. MOTION UNANIMOUSLY APPROVED. (ATTACHMENT #2) AMENDMENT TO ORDINANCE 1992 -001 (911 SURCHARGE) MR. AUTRY STATED THAT THE ATTACHED AMENDMENT TO THE EXISTING ORDINANCE 1992 -001 WILL INCREASE THE 911 MONTHLY SERVICE CHARGE FEE TO $1.50 PER TELEPHONE LINE FOR LINES LOCATED IN THE CITY. HE ADDED THAT BY ADOPTING THE AMENDMENT, IT WILL BRING THE CITY IN LINE WITH THE COUNTY AND OTHER JURISDICTIONS. HE FURTHER STATED THE INCREASE REVENUES WILL ASSIST WITH EQUIPMENT AND MAINTENANCE COST IN OUR COMMUNICATIONS CENTER, AS WELL AS FUTURE ENHANCEMENTS. MR. AUTRY STATED THAT THE NOTICE OF TONIGHT'S PUBLIC HEARING WAS DULY ADVERTISED ON AUGUST 19, 2002 AND AUGUST 26, 2002. MAYOR PRO -TEM WOMBLE STATED THAT HE OPPOSES THIS INCREASE AND SEES IT AS AN ADDITIONAL TAX, WHICH THIS COUNCIL DID NOT WANT. HE ADDED THAT THE EMERGENCY TELEPHONE SYSTEM HAS AMPLE FUNDS AND HE DID NOT SEE A NEED TO COMMIT A TREMENDOUS AMOUNT OF MONEY IN OUR COMMUNICATIONS DEPARTMENT OVER THE LONG TERM. COUNCILMEMBER BASS STATED THAT HE AGREED WITH MR. WOMBLE. HE ADDED THAT HE DOES NOT SEE A NEED TO RAISE THIS FEE. HE FURTHER STATED THAT IF UPGRADES ARE NEEDED, THEN HE WOULD FIRST LIKE TO KNOW WHAT THEY CONSIST OF BEFORE HE APPROVED THIS INCREASE. COUNCILMEMBER OLDS ASKED HOW MANY 911 CALLS ARE RECEIVED BY THE CITY DURING THE YEAR. MAYOR PRO -TEM WOMBLE RESPONDED APPROXIMATELY 17,000 CALLS. MAYOR OUDEH ASKED CAPTAIN DENNING IF THERE ARE ANY IMPROVEMENTS PLANNED FOR THE COMMUNICATION SYSTEM. 3 �;p CAPTAIN DENNING AND FIRE CHIEF TEW STEPPED FORWARD. MR. DENNING STATED THAT THIS INCREASE WILL PAY FOR THE LEASE PROGRAM OF THE CAD (COMPUTER AIDED DISPATCH) SYSTEM AND WILL ENHANCE THE COMMUNICATIONS SYSTEM. HE ADDED THE CAD SYSTEM WOULD ALLOW THEM TO TRACK THEIR 911 CALLS, INCLUDING MAPPING. CHIEF TEW STATED THAT CURRENTLY THEY ARE PAYING THE DISPATCH SUPERVISOR OUT OF THE GENERAL FUND INSTEAD OF 911 FUNDS, WHICH THE LAW ALLOWS. COUNCILMEMBER BASS STATED THAT HE DID NOT WANT TO STOP THE PROGRESS OF 911 AND HE WANTED TO DO EVERYTHING POSSIBLE TO KEEP IT IN THE CITY OF DUNN. HE ADDED THAT HE JUST WANTED TO KNOW WHAT THE MONEY WILL BE SPENT ON BEFORE ✓' HE APPROVES THIS INCREASE. COUNCILMEMBER OLDS STATED THAT IF 17,000 (911) CALLS WERE MADE LAST YEAR, THEN THEY ARE TALKING ABOUT APPROXIMATELY $1.00 PER MONTH INCREASE FOR EACH HOUSEHOLD. HE ADDED THAT HE IS IN FAVOR OF GIVING THIS INCREASE TO THE EMERGENCY SYSTEM BECAUSE THEY PROVIDE A VERY VALUABLE SERVICE TO THE CITIZENS. MR. WOMBLE STATED THEY NEED TO KEEP IN MIND THAT THIS FUND CURRENTLY RECEIVES $123,000.00 IN REVENUE AND IF THERE IS AN UPGRADE DESIRED, THEY COULD LEASE PURCHASE IN THE FUTURE JUST LIKE THEY DID IN THE PREVIOUS UPGRADE. HE ADDED THERE IS STILL CASH IN THIS ACCOUNT. HE FURTHER STATED IF SOMETHING COMES UP IN THE FUTURE, HE WILL BE HAPPY TO LOOK AT IT BUT AT THIS POINT, LOOKING AT THE BUDGET, HE SEES NO NEED FOR AN INCREASE. MAYOR OUDEH ASKED IF ANYMORE DISCUSSION. MOTION BY MAYOR PRO -TEM WOMBLE, SECONDED BY COUNCILMEMBER TART TO REJECT THE AMENDMENT TO ORDINANCE 1992 -001 (911 SURCHARGE) WHICH WOULD INCREASE THE 911 MONTHLY SERVICE CHARGE FEE TO $1.50 PER TELEPHONE LINE FOR LINES LOCATED IN THE CITY. MOTION DEFEATED 3 -4. (ATTACHMENT #3) AYES NOES WOMBLE SUMNER TART OLDS BASS ROBINSON OUDEH MAYOR OUDEH STATED THAT .50 IS NOTHING TO SAVE A LIFE COUNCILMEMBER BASS STATED HE DID NOT WANT THE CITIZENS TO THINK HE DID NOT CARE ABOUT THEIR LIFE, AND IT WAS NOT AN ISSUE OF RAISING THE MONTHLY CHARGE BY .50, BUT HE WOULD LIKE TO KNOW WHAT THE INCREASE WILL PAY FOR. MAYOR PRO -TEM WOMBLE STATED THIS IS NOT AN ISSUE OF SAVING LIVES BUT AN ISSUE THAT THERE IS ALREADY AN $80,000.00 BUDGET SURPLUS IN THAT PARTICULAR ACCOUNT AND ADDITIONAL FUNDS ARE NOT NEEDED NOW. MAYOR OUDEH STATED THAT A BETTER COMMUNICATION SYSTEM SAVES LIVES. MR. WOMBLE RESPONDED THAT YOU CAN FINANCE A BETTER COMMUNICATION SYSTEM WITH WHAT YOU ALREADY HAVE WITHOUT MAKING THE COMMUNITY PAY MORE. CLOSING OF STREET HARNETT REGIONAL THEATER MR. AUTRY STATED THAT MR. WILEY POPE, REPRESENTATIVE FOR THE HARNETT REGIONAL THEATER, HAS REQUESTED TO ADDRESS THE COUNCIL IN A REQUEST TO CLOSE NORTH WILSON AVENUE FROM BROAD STREET TO EDGERTON STREET ON SATURDAY, SEPTEMBER 21, 2002 FROM 4:30 P.M. UNTIL 7:00 P.M. FOR A CHILDREN'S PRE- PARTY TO THE SEASON KICK -OFF OF THE HARNETT REGIONAL THEATER. -� MR. WILEY POPE STEPPED FORWARD AND STATED THAT HE IS SPEAKING ON BEHALF OF THE BOARD OF DIRECTORS FOR THE HARNETT REGIONAL THEATER. HE ADDED THAT THEY HAVE PLANNED A SNOOPYS' PRE -SHOW STREET PARTY IN AN EFFORT TO ENCOURAGE ATTENDANCE TO SOME OF THE PLAYS THIS YEAR, HE FURTHER STATED THEY WOULD LIKE TO CLOSE WILSON AVENUE FROM APPROXIMATELY 4:30 P.M. UNTIL 8:00 P.M. HE STATED THAT A MEMBER OF THE BOARD HAS SPOKEN TO EACH OF THE BUSINESSES IN THE AFFECTED AREA AND THEY HAVE THEIR FULL SUPPORT. MR. POPE CITED DUNN CITY CODE SECTION 19 -41 WHICH REQUIRES CITY APPROVAL BEFORE BLOCKING ANY SIDEWALK OR STREET. HE ADDED THIS PRE -PARTY WOULD PRIMARILY TARGET THE YOUNGER CROWD. HE ASKED FOR THE COUNCIL SUPPORT. 4 . MOTION BY COUNCILMEMBER ROBINSON, SECONDED BY COUNCILMEMBER BASS TO APPROVE THE CLOSING OF NORTH WILSON AVENUE FROM BROAD STREET TO EDGERTON STREET ON SATURDAY, SEPTEMBER 21, 2002 FROM 4:30 P.M. UNTIL 8:00 P.M. FOR A SNOOPY PRE -SHOW STREET PARTY TO THE SEASON KICK -OFF OF THE HARNETT REGIONAL THEATER. MOTION UNANIMOUSLY APPROVED. AMENDMENT BETSY JOHNSON HOSPITAL BOARD OF TRUSTEES MR. AUTRY STATED THAT AT THE AUGUST 2, 2002 COUNCIL MEETING, MR. T.C. GODWIN, JR., CHAIRMAN OF THE BETSY JOHNSON REGIONAL HOSPITAL BOARD OF TRUSTEES REQUESTED THAT THE CITY COUNCIL AMEND THE REQUIREMENT THAT BETSY JOHNSON HOSPITAL BOARD OF TRUSTEES MUST RESIDE IN THE AVERASBORO TOWNSHIP OF HARNETT COUNTY. HE ADDED THAT ATTACHED IS A COPY OF THE RESOLUTION AUTHORIZING THE CONVEYANCE OF BETSY JOHNSON AND THE DEED AND BILL OF SALE, WHEREIN BOTH STIPULATE THAT THE BOARD OF TRUSTEES SHALL CONSIST OF MEMBERS RESIDING IN THE AVERASBORO TOWNSHIP OF HARNETT COUNTY, NORTH CAROLINA. HE FURTHER STATED THAT SHOULD COUNCIL DECIDE TO AMEND THE CURRENT REQUIREMENT, THEN THE CITY ATTORNEY WILL PREPARE THE DOCUMENTS (WHICH WILL CONSIST OF A RESOLUTION AMENDING THE ORIGINAL RESOLUTION OF CONVEYANCE AND A DEED AMENDMENT TO BE RECORDED AT THE REGISTER OF DEEDS). ATTORNEY POPE STATED THAT CURRENTLY WHEN THE CITY TRANSFERRED THE PROPERTY TO THE BETSY JOHNSON REGIONAL HOSPITAL, NON - PROFIT, THE DEED CONTAINED A RESTRICTION THAT ALL TRUSTEE MEMBERS MUST RESIDE IN THE AVERASBORO TOWNSHIP OF DUNN. HE ADDED THE RESOLUTION OF CONVEYANCE ALSO CONTAINED THIS RESTRICTION. HE FURTHER STATED THAT UNLESS THE CITY OF DUNN RELEASES ALL OR A PORTION OF THE RESTRICTION, ALL MEMBERS OF THE BOARD OF TRUSTEES MUST COME FROM AVERASBORO TOWNSHIP OR DUNN. ATTORNEY POPE STATED THAT IF THE COUNCIL WISHED TO MODIFY OR WAIVE THIS RESTRICTION THAT THE CITY PLACED ON THE HOSPITAL SIX (6) YEARS AGO, IT WILL NEED TO BE DONE BY DEED AMENDMENT AND AMENDMENT TO THE RESOLUTION OF CONVEYANCE. �* MOTION BY COUNCILMEMBER TART, SECONDED BY MAYOR PRO -TEM WOMBLE THAT THE CITY COUNCIL DIRECT THE CITY ATTORNEY TO DRAFT A RESOLUTION AND DEED AMENDMENT TO BE EXECUTED BY THE MAYOR AND CITY CLERK THAT WOULD ALLOW THE BETSY JOHNSON HOSPITAL BOARD OF TRUSTEES TO APPOINT TWO (2) OF ITS MEMBERS FROM OUTSIDE THE AVERASBORO TOWNSHIP. MOTION UNANIMOUSLY APPROVED. (ATTACHMENT #4) BOARD APPOINTMENT HOSPITAL MR. AUTRY STATED THAT THE CITY COUNCIL IS RESPONSIBLE FOR APPOINTING ONE MEMBER TO THE BETSY JOHNSON REGIONAL HOSPITAL BOARD OF TRUSTEES, AS PER THE TRANSFER AGREEMENT APPROVED IN NOVEMBER, 1996. HE ADDED THAT THE MAYOR AND COUNCILMEMEERS MUST APPOINT SOMEONE TO FILL THE SEAT OF MR. T.C. GODWIN, JR., WHICH WILL EXPIRE ON SEPTEMBER 30, 2002. HE FURTHER STATED THAT ATTACHED IS A COPY OF THE CURRENT BOARD OF TRUSTEES AND APPLICATIONS RECEIVED FOR COUNCIL CONSIDERATION. MOTION BY MAYOR PRO -TEM WOMBLE, SECONDED BY COUNCILMEMBER SUMNER TO APPOINT DR. BRENT ELLMERS TO FILL THE SEAT CURRENTLY OCCUPIED BY MR. T.C. GODWIN, JR. ON THE BETSY JOHNSON HOSPITAL BOARD OF TRUSTEES. COUNCILMEMBER OLDS ASKED FOR NOMINATIONS BEFORE VOTING ON THIS ISSUE. ATTORNEY POPE STATED THAT A MOTION AND A SECOND HAS ALREADY BEEN MADE AND THEY MUST VOTE UPON THIS MOTION FIRST. MOTION BY MAYOR PRO -TEM WOMBLE, SECONDED BY COUNCILMEMBER SUMNER TO APPOINT DR. BRENT ELLMERS TO FILL THE SEAT CURRENTLY OCCUPIED BY MR. T.C. GODWIN, JR. ON THE BETSY JOHNSON HOSPITAL BOARD OF TRUSTEES. MOTION DEFEATED 3 -4. AYES NOES WOMBLE OLDS TART BASS SUMNER ROBINSON OUDEH o, COUNCILMEMBER OLDS STATED THAT HE KNEW OF A CITIZEN THAT HAD EXPRESSED INTEREST IN SERVING ON THE HOSPITAL BOARD AND SUBMITTED A LETTER A COUPLE OF MONTHS AGO REQUESTING THAT HE BE CONSIDERED. HE ADDED AT THAT TIME, NO INTEREST HAD BEEN RECEIVED BY ANY OTHER CITIZEN. MOTION BY COUNCILMEMBER OLDS, SECONDED BY COUNCILMEMBER BASS TO APPOINT TONY PAUL BEASLEY TO FILL THE SEAT CURRENTLY OCCUPIED BY MR. T.C. GODWIN, JR. ON THE BETSY JOHNSON HOSPITAL BOARD OF TRUSTEES. MOTION CARRIED 5 -1 MAYOR PRO -TEM WOM 3LE AND COUNCILMEMBER TART DID NOT CAST A VOTE, RESULTING IN AN AFFIRMATIVE VOTE. PURSUANT TO G.S. 160A -75, A FAILURE TO VOTE BY A MEMBER WHO IS PHYSICALLY PRESENT IN THE COUNCIL CHAMBER, OR WHO HAS WITHDRAWN WITHOUT BEING \ / EXCUSED BY A MAJORITY VOTE OF THE REMAINING MEMBERS PRESENT, SHALL BE RECORDED AS AN AFFIRMATIVE VOTE. AYES OLDS BASS ROBINSON WOMBLE TART NOES SUMNER BJRH BOARD OF TRUSTEES APPOINTMENT TERM BEGINS TERM ENDS ♦ TONY PAUL BEASLEY 10/01/02 09/30/07 OVERPASS/RAIL CROSSINGS CLOSURES MR. AUTRY STATED THAT AT THE LAST COUNCIL MEETING HELD AUGUST 1, 2002, THE CITY COUNCIL ASKED FOR A NON - BINDING RECOMMENDATION FROM THE CITY OF DUNN PLANNING BOARD REGARDING THE OVERPASS. HE ADDED THE PLANNING BOARD MET ON AUGUST 13, 2002 AND VOTED 4 -1 AGAINST AN OVERPASS IN THE CITY OF DUNN. HE FURTHER STATED IT WILL BE THE COUNCIL'S DECISION WHETHER OR NOT TO RECOMMEND AN OVERPASS AT THIS TIME. COUNCILMEMBER OLDS STATED THEY HAVE DISCUSSED THIS ISSUE AND THEY ARE AT THE POINT THAT SOME TYPE OF ACTION NEEDS TO BE TAKEN. MOTION BY COUNCILMEMBER OLDS THAT THE CITY COUNCIL NOT CONSIDER AN OVERPASS FOR THE CITY OF DUNN AT THIS TIME. MOTION DIED FOR LACK OF SUPPORT. MOTION BY MAYOR PRO -TEM WOMBLE, SECONDED BY COUNCILMEMBER TART THAT THE CITY COUNCIL ADOPT A RESOLUTION OF SUPPORT FOR AN OVERPASS, PARTICULARLY ALTERNATE 2B. MOTION CARRIED 5-1 (ATTACHMENT #5) AYES NOES WOMBLE OLDS TART BASS SUMNER ROBINSON COUNCILMEMBER BASS ASKED MR. AUTRY IF A BY -PASS IS BEING CONSIDERED WITH THE OVERPASS AND WILL IT TIE INTO IT. MR. AUTRY RESPONDED THAT IN HIS DISCUSSIONS, IT HAS NEVER BEEN BROUGHT UP AS AN ISSUE. HE ADDED FROM THE PAST YEARS, THE ALTERNATE 2B AREA HAS BEEN INVESTIGATED AS AN OUTER LOOP THAT WOULD COME INTO THE WAKE STREET AREA DOWN THE OLD SHAMROCK DENNING ROAD AND COME OUT IN THE GENERAL VICINITY OF THIS OVERPASS, BUT IT IS NOT LINKED TO IT. COUNCILMEMBER TART STATED THAT HE TALKED WITH MARK HAMEL OF THE N.C. DEPARTMENT OF TRANSPORTATION RAIL DIVISION, ABOUT THIS, AND HE EXPLAINED r THAT IT IS ON THE THOROUGHFARE PLAN AND IT IS IN THE VICINITY OF THAT AREA. HE ADDED THAT UNTIL MORE IN-DEPTH STUDIES ARE DONE, THEY WILL NOT KNOW IF IT CAN BE CONNECTED WITH THE OVERPASS. COUNCILMEMBER ROBINSON STATED THAT PLAN 2B WILL BE GOING THROUGH THE OLD WILKINS CEMETERY. HE ASKED IF ALL OF THE GRAVES WILL BE CLEARED. MR. AUTRY STATED THAT IN HIS DISCUSSIONS, ALL OF THE GRAVESITES WILL BE REMOVED AND RELOCATED. MR. AUTRY ADDED IT WILL BE AN ARCHEOLOGICAL REMOVAL OF THE GRAVESITES. COUNCILMEMBER OLDS STATED THAT MOVING THE GRAVES WOULD BE A MONUMENTAL TASK. HE ASKED ATTORNEY POPE IF THE CITY AND THE RAIL DIVISION 901 RISK BEING SUED BY FAMILY MEMBERS SHOULD DAMAGE OCCUR TO THE GRAVES WHILE MOVING THEM. ATTORNEY POPE RESPONDED THAT THIS QUESTION WOULD REQUIRE MORE EXTENSIVE RESEARCH THAN HE CAN ANSWER TONIGHT. HE ADDED HIS INITIAL IMPRESSION IS THIS PROJECT IS BEING CONDUCTED BY THE STATE DEPARTMENT OF TRANSPORTATION AND NOT THE CITY OF DUNN. HE FURTHER STATED THAT NO CITY EMPLOYEES WOULD BE INVOLVED IN THIS PROJECT. ATTORNEY POPE STATED THAT IF THE RESOLUTION BEING CONSIDERED IN TONIGHT'S MEETING PASSED, IT WOULD GIVE AN INDICATION TO THE DEPARTMENT OF TRANSPORTATION THAT THE CITY OF DUNN IS IN FAVOR OF THE PROJECT, HOWEVER THE CITY HAS NO INVOLVEMENT IN THE CONSTRUCTION OF THE PROJECT, THEREFORE, HE DOES NOT BELIEVE THE CITY COULD BE FOUND LIABLE UNDER THE CIRCUMSTANCES DESCRIBED. 9 -11 PROCLAMATION MR. AUTRY STATED THAT COUNCIL WILL FIND AN ATTACHED 9 -11 PROCLAMATION FOR THEIR CONSIDERATION. MOTION BY COUNCILMEMBER BASS, SECONDED BY COUNCILMEMBER SUMNER TO APPROVE THE 9 -11 PROCLAMATION. MOTION UNANIMOUSLY APPROVED. (ATTACHMENT #6) MAYOR OUDEH READ THE PROCLAMATION IN REMEMBRANCE OF THE ONE YEAR ANNIVERSARY OF THE SEPTEMBER 11 ATTACKS AND AFTERWARDS, A MOMENT OF SILENCE WAS OBSERVED. RETIREMENT - K9 LEX MR. AUTRY STATED THAT ATTACHED THE COUNCIL WILL FIND INFORMATION CONCERNING THE HEALTH OF DUNN POLICE K9 LEX. HE ADDED THAT DUE TO LEX'S SIGNIFICANT HIP DYSPLASIA, HE NEEDS TO BE RETIRED. HE FURTHER STATED THAT THE DUNN POLICE DEPARTMENT RECOMMENDS THAT LEX BE GIVEN TO K9 OFFICER JIMMY PAGE WHO HAS BEEN THE HANDLER 4.5 YEARS. COUNCILMEMBER BASS ASKED IF THERE IS A DOG TO REPLACE LEX. HE ADDED THAT HIS ONLY CONCERN WAS THAT A CANINE UNIT NEEDED TO BE IN PLACE BEFORE RETIRING LEX. CAPTAIN RADCLIFFE STEPPED FORWARD AND RESPONDED THAT A GROUP HAS CONTACTED HIM ABOUT A FUNDRAISER FOR THE CANINE UNIT AND REPLACING LEX. HE ADDED THAT THERE IS CURRENTLY ANOTHER CANINE UNIT IN OPERATION WITHIN THE POLICE DEPARTMENT. MOTION BY COUNCILMEMBER ROBINSON, SECONDED BY COUNCILMEMBER OLDS TO RETIRE DUNN POLICE K9 LEX INTO THE CUSTODY OF K -9 OFFICER JIMMY PAGE. MOTION UNANIMOUSLY APPROVED. 131111" By dElval40 :03IAA l V MR. AUTRY STATED THAT BUDGET AMENDMENT #8 NEEDS TO BE REMOVED BECAUSE THIS PURCHASE WILL COME OUT OF OPERATING EXPENSES AND NOT CAPITAL OUTLAY. MOTION BY MAYOR PRO -TEM WOMBLE, SECONDED BY COUNCILMEMBER ROBINSON TO APPROVE BUDGET AMENDMENT #7. MOTION UNANIMOUSLY APPROVED. (ATTACHMENT #7) HUMAN RESOURCES /SAFETY OFFICER RECLASSIFICATION MR. AUTRY STATED THAT THE CITY OF DUNN HAS BEEN LIVING UNDER THIS POSITION FOR OVER A YEAR AND THIS IS BASICALLY A TECHNICALITY IN RE- CLASSIFYING FROM CITY CLERK/HUMAN RESOURCES TO HUMAN RESOURCES /SAFETY OFFICER FOR COUNCIL APPROVAL. HE ADDED THAT ATTACHED IS THE JOB DESCRIPTION. HE FURTHER STATED THIS RECOMMENDATION IS BY MANAGER USKIEWICZ AND IF COUNCIL WISHES, THEY MAY TABLE THIS ISSUE UNTIL MR. USKIEWICZ RETURNS. MAYOR PRO -TEM WOMBLE STATED THAT HE TALKED WITH MANAGER USKIEWICZ ABOUT THIS ISSUE. HE ADDED THAT IF THEY APPROVE THIS, THEY WILL BE ADDING MORE PERSONNEL TO THIS DEPARTMENT, RESULTING IN AN INCREASE OF COST FOR ADMINISTRATION. MOTION BY MAYOR PRO -TEM WOMBLE, SECONDED BY COUNCILMEMBER ROBINSON TO REJECT THIS RECLASSIFICATION PROPOSAL. MAYOR OUDEH ASKED IF ANYMORE DISCUSSION. 902 COUNCILMEMBER ROBINSON STATED THAT HE AGREED THAT ADMINISTRATION DID NOT NEED MORE PERSONNEL. COUNCILMEMBER OLDS ASKED IF THESE POSITIONS ARE NEEDED FOR THE CITY TO OPERATE IN A SMOOTH MANNER. MR. AUTRY EXPLAINED THAT DURING HIS TENURE AS INTERIM CITY MANAGER, THE CITY CLERK/HUMAN RESOURCES OFFICER LEFT. HE ADDED THAT DURING THAT TIME, HE NEEDED SOMEONE TO FILL THE HUMAN RESOURCES VACANCY IMMEDIATELY. HE FURTHER STATED THAT HE LEFT THE FINAL DECISION ON HOW TO ORGANIZE THE OFFICE UP TO THE NEW CITY MANAGER. COUNCILMEMBER OLDS ASKED MR. AUTRY THAT SINCE HE HAS FILLED THE ROLE AS INTERIM CITY MANAGER, DOES HE FEEL THIS POSITION IS NEEDED AND IS THIS A POSITION THAT CAN BE ELIMINATED. MR. AUTRY RESPONDED THAT THIS RECLASSIFICATION WOULD NOT ELIMINATE NOR WOULD IT ADD ON A POSITION. HE ADDED THE CLERKS POSITION WOULD GO BACK WITH ADMINISTRATIVE ASSISTANT AND HUMAN RESOURCES WOULD BE CLASSIFIED AS A HUMAN RESOURCES /SAFETY OFFICER, WITH MORE WORK DEFINED IN SAFETY. COUNCILMEMBER SUMNER CLARIFIED THAT THIS IS A RECLASSIFICATION AND NO ONE NEW WILL BE HIRED. AFTER FURTHER EXPLANATION BY MR. AUTRY THAT THIS WOULD NOT CREATE ANOTHER NEW POSITION IN ADMINISTRATION, MAYOR PRO -TEM WOMBLE WITHDREW HIS MOTION TO REJECT THIS RECLASSIFICATION. MOTION BY MAYOR PRO -TEM WOMBLE, SECONDED BY COUNCILMEMBER ROBINSON TO APPROVE THE PROPOSAL TO RECLASSIFY THE POSITION OF CITY CLERK /HUMAN RESOURCES TO HUMAN RESOURCES /SAFETY OFFICER. MOTION UNANIMOUSLY APPROVED. MOTION BY MAYOR PRO -TEM WOMBLE, SECONDED BY COUNCILMEMBER ROBINSON TO ADD CLOSED SESSION TO TONIGHT'S AGENDA. MOTION UNANIMOUSLY APPROVED. FIRE PROTECTION CONTRACT FOR AUTOMATIC AID MR. AUTRY STATED THIS ITEM WAS PULLED FROM THE CONSENT AGENDA. HE ADDED THAT THE CITY OF DUNN FIRE DEPARTMENT IS CURRENTLY PROVIDING MUTUAL AID TO SURROUNDING FIRE DEPARTMENTS; HOWEVER, THE STATE DEPARTMENT OF INSURANCE NOW REQUIRES A SIGNED CONTRACT FOR AUTOMATIC AID. HE FURTHER STATED THAT THE AVERASBORO FIRE DISTRICT CURRENTLY HAS A FIVE ROAD MILE INSURANCE DISTRICT. MR. AUTRY STATED THAT THE STATE IS ALLOWING THE CITY TO EXPAND THEIR ROAD MILE DISTANCE TO SIX ROAD MILES. HE ADDED THAT IN ORDER TO EXPAND FROM THE FIVE MILE DISTRICT TO SIX MILE DISTRICT, THE STATE IS REQUIRING AN AUTOMATIC AID CONTRACT. HE FURTHER STATED THIS WILL ALLOW FOR ALL THE TAXPAYERS IN AVERASBORO FIRE DISTRICT TO BE IN A RATED INSURANCE DISTRICT. MR. AUTRY STATED THAT THE ATTACHED CONTRACTS BETWEEN THE CITY OF DUNN FIRE DEPARTMENT AND OTHER AREA FIRE DEPARTMENTS WILL MAKE IT POSSIBLE TO EXPAND THEIR RATED INSURANCE DISTRICT TO SIX MILES. MAYOR PRO -TEM WOMBLE ASKED FIRE CHIEF TEW IF HE COULD INSERT "IF AVAILABLE" IN THE 6 TH PARAGRAPH OF THE CONTRACT SO THAT IT WILL READ "THE PARTY OF THE SECOND PART, WHEN ALERTED FOR AUTOMATIC AID WILL, IF AVAILABLE. RESPOND WITH A PIECE OF FIRE APPARATUS CAPABLE OF CARRYING A MINIMUM OF 1,000 GALLONS OF WATER TO THE PARTY OF THE FIRST PART TO A SPECIFIED LOCATION FOR STRUCTURE FIRE PROTECTION ". FIRE CHIEF TEW RESPONDED THIS COULD BE CHANGED. MOTION BY MAYOR PRO -TEM WOMBLE, SECONDED BY COUNCILMEMBER BASS TO APPROVE THE FIRE PROTECTION CONTRACT FOR AUTOMATIC AID WITH THE CORRECTION. MOTION UNANIMOUSLY APPROVED. (ATTACHMENT #8) DISCUSSION WATER CONSERVATION MR. AUTRY STATED THAT THE COUNTY WAS PROPOSING TO HAVE MORE DISCUSSION ON UPGRADING A VOLUNTARY WATER CONSERVATION TO A MANDATORY WATER CONSERVATION. HE ADDED WITH LAST WEEKS RAINFALL, IT IS SUGGESTED THAT CITY RESIDENTS KEEP VOLUNTARY WATER CONSERVATION ENACTED AT THIS TIME. 903 MOTION BY MAYOR PRO -TEM WOMBLE, SECONDED BY COUNCILMEMBER TART TO GO INTO CLOSED SESSION TO DISCUSS A PERSONNEL MATTER AT 8:04 P.M. CLOSED SESSION NO ACTION WAS TAKEN DURING THE CLOSED SESSION. BY UNANIMOUS CONSENT, THE CLOSED SESSION ADJOURNED AT 9:04 MOTION BY MAYOR PRO -TEM WOMBLE, SECONDED BY COUNCILMEMBER ROBINSON TO APPROVE THE MINUTES TAKEN BY ATTORNEY P. TILGHMAN POPE OF THE SEPTEMBER 5, 2002 CLOSED SESSION. MOTION UNANIMOUSLY APPROVED. MAYOR OUDEH RECONVENED THE REGULAR COUNCIL MEETING AT 9:06 P.M. INFORMATION MAYOR PRO -TEM WOMBLE EXTENDED CONGRATULATIONS TO THE POLICE DEPARTMENT ON THE RECENT CAPTURE OF THE BURGLARY SUSPECT. COUNCILMEMBER ROBINSON ASKED ABOUT THE INSURANCE FOR THE EMPLOYEES. MR. AUTRY STATED THEY ARE PRESENTLY MEETING WITH INSURANCE CARRIERS. COUNCILMEMBER OLDS COMMENDED THE CITIZENS OF DUNN AND THANKED THEM FOR THEIR INTEREST IN THE CITY OF DUNN'S RECENT RAIL CROSSINGS CLOSURE DISCUSSIONS. HE RECOGNIZED SEVERAL MEMBERS IN THE AUDIENCE. COUNCILMEMBER SUMNER ASKED ABOUT THE POSSIBILITY OF INSTALLING A TRAFFIC LIGHT AT THE INTERSECTION OF DUNN ERWIN ROAD AND TILGHMAN DRIVE. MR. AUTRY STATED THAT DOT HAD DETERMINED THE TRAFFIC COUNTS DO NOT JUSTIFY THE ESTABLISHMENT OF A LIGHT AT THE STATE EXPENDITURE. HE ADDED THAT SINCE THESE TWO ROADS ARE STATE OWNED, THEN THE STATE WOULD HAVE TO APPROVE THE TRAFFIC LIGHT BY VOLUME AND AT THIS TIME IT DOES NOT COME CLOSE TO QUALIFYING FOR THE LIGHT. WITH NO FURTHER DISCUSSION, THE FOLLOWING BURIAL RIGHTS WERE EXECUTED: 1. SKINNER FUNERAL HOME AND HEIRS, LOT 41, BLOCK D, SPACE 7, GREENWOOD CEMETERY. 2. CROMARTIE - MILLER -LEE FUNERAL HOME AND HEIRS, LOT 23, BLOCK X, SPACE(S) 1- 2 -5 -6, GREENWOOD CEMETERY. 3. MOLLIE FORTE' AND HER HEIRS, LOT 7, BLOCK Y, SPACE(S) 3- 4 -7 -8, GREENWOOD CEMETERY. 4. TOREY JENKINS AND HIS HEIRS, LOT 39, BLOCK 15, SPACE 1, RESTHAVEN CEMETERY 5. CHARLES A. WOODS, JR. AND HIS HEIRS, LOT 31, BLOCK 13, SPACE 6, RESTHAVEN CEMETERY 6. MARY BLUE AND HER HEIRS, LOT 64, BLOCK 11, SPACES 1 -8, RESTHAVEN CEMETERY 7. EUGENE MATTHEWS AND HIS HEIRS, LOT 47, BLOCK 13, SPACES 3-4, RESTHAVEN CEMETERY 8. JUNIOR BELL AND HIS HEIRS, LOT 40, BLOCK 11, SPACE 3, RESTHAVEN CEMETERY 9. BERTHA LEE WILLIAMS AND HER HEIRS, LOT 64, BLOCK 15, SPACE 8, RESTHAVEN CEMETERY WITH NO FURTHER BUSINESS TO DISCUSS, THE MEETING WAS ADJOURNED AT 9:11 P.M. ` ���ess eu�anaa q , MOUDEH 1 �• °\ (Y U� Q � YO O` ............. w y e v ATTEST: � o a xoco4a R. DEBRA G. WEST i = DEPUTY CITY CLERK 1 S E A\- r{ a a i 1