100220031004
MINUTES
CITY OF DUNN
DUNN, NORTH CAROLINA
The City Council of the City of Dunn held a Regular Meeting on Thursday, October 2, 2003, at 7:00
p.m. in the Dunn Municipal Building. Present was Mayor Abraham Oudeh, Mayor Pro -Tem
Michael Womble, Council Members Joey Tart, Toby Sumner, George Robinson and Paul Bass. Also
present was Assistant City Manager/Public Works Director Ronnie Autry, Police Chief Timothy
Benware, Fire Chief Austin Tew, City Engineer Ed Powell, City Attorney P. Tilghman Pope, and
Daily Record Reporter Lisa Farmer.
Assistant City Manager/Public Works Director Ronnie Autry presided in place of City Manager
Uskiewicz, who was absent due to attending the Institute of Government School in Burlington, NC.
Dana Cochran was appointed Deputy City Clerk for the purpose of the City Council meeting. City
Clerk Debra West was absent, attending the Institute of Government School in Southern Pines, NC.
Council Member Donnie Olds was absent, sick
INVOCATION
Mayor Oudeh opened the meeting at 7:05 p.m. and asked Toby Sumner to give the invocation. Afterwards,
the pledge of allegiance was repeated.
CONSENT ITEMS
Mayor Oudeh asked if there were any consent items that Council wished to pull for further discussion
The following consent items were considered by Council:
Minutes - Council considered approval of minutes of the September 4, 2003 meeting.
Tax Releases/Refunds- Council considered approval of Tax Releases/Refunds #119.
Municipal Agreement and Resolution for bridge inspections - Council considered approving DOT to
perform bridge inspections in the City of Dunn. (Attachment #1)
Motion by Council Member Bass, seconded by Council Member Robinson to approve all consent items.
Motion carried 4 -1.
Ayes Noes
Bass Womble
Robinson
Sumner
Tart
Mayor Pro -Tem Womble voted against approving the consent items because he was not provided a copy of
the agenda in advance of the meeting.
ITEMS FOR DECISION
VOLUNTARY ANNEXATION
TILGHMAN AND POPE PROPERTY
Assistant City Manager/Public Works Director Ronnie Autry stated that at the September Council meeting,
the Council approved a Resolution Directing the Clerk to Investigate Petition concerning the contiguous
annexation of 41.72 acres of property located on Highway 421 east of I -95. He added that Granville
Tilghman, Johnson and Elaine Tilghman and Mary T. Pope, owners of the property, have requested
voluntary annexation of their property.
Mr. Autry 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 November 6, 2003.
Mayor Oudeh asked City Attorney P. Tilghman Pope if he had any comment concerning this issue.
( Attorney Pope stated that there is an item for decision on tonight's agenda with respect to this issue. He
added that his mother is one of the property owners requesting this annexation and he will address it later in
the agenda.
Motion by Mayor Pro -Tem Womble, seconded by Council Member Robinson to approve the resolution
fixing date of Public Hearing as November 6, 2003 and to proceed with the annexation of 41.72 acres of
property located on Highway 421 cast of I -95 and owned by Granville Tilghman, Johnson and Elaine
Tilghman and Mary T. Pope. Motion unanimously approved. (Attachment #2)
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VOTING DELEGATE
2003 NCLM BUSINESS MEETING
Mr. Autry stated that the North Carolina League of Municipalities will hold their annual business meeting
on Monday, October 13, 2003 at 2:15 p.m, in Winston Salem.
He added that any municipality that plans to attend must have their governing board authorize a voting
delegate and an alternate voting delegate to attend this meeting in order for them to cast a vote. He further
stated that Council Member Olds plans to attend this meeting.
Motion by Council Member Robinson, seconded by Council Member Sumner, to designate Council
Member Donnie Olds as a voting delegate representing the City of Dunn, NC at the 2003 North Carolina
League of Municipalities annual business meeting on Monday, October 13, 2003 in Winston Salem, NC.
Motion unanimously approved.
CLOSING OF STREETS
COTTON FESTIVAL
Mr. Autry stated that the NC Cotton Festival Committee is requesting the following streets be closed for
the 5 Annual Cotton Festival to be held on Saturday, November 1, 2003.
Friday, Oct. 31
Harnett Street from the railroad crossing to Fayetteville Ave. (5 -11 p.m.)
Edgerton Street from the railroad crossing to the City parking lot behind Sherry's Bakery (5 p.m. until after
the festival on Nov. 1)
Saturday, Nov. 1
Broad Street from Clinton Avenue to King Avenue
Wilson Avenue from Cumberland Street to the driv way at Eastside Fire Department
Edgerton Street from the railroad crossing to the alley next to the City parking lot behind Sherry's Bakery.
Mr. Autry stated that in addition, they ask permission to use the First Citizens Bank parking lot being
leased to the City of Dunn and the City parking loot across from The Daily Record as well as assistance
from city personnel (police, public works, parks and recreation) and that the street sweeper come through
after the event on Saturday.
Mayor Oudeh commented that the Cotton Festival is an excellent idea and he supports this event 100 %. He
stated that this event brings business and unity within the community.
Motion by Council Member Tart, seconded by Council Member Bass, to approve the closing of the streets,'
provide city personnel assistance and the services of the street sweeper afterwards in downtown Dunn for
the Cotton Festival to be held on Saturday, November 1, 2003. Motion unanimously approved.
ENGINEERING SERVICES AGREEMENT
RURAL CENTER GRANT
Mr. Autry stated that the City of Dunn was recently awarded a $400,000 Rural Center Supplemental Grant
for the Eastside Forcemain and Juniper Creek Outfall Improvements.
He added that attached is a proposed contract between the City of Dunn and Davis - Martin- Powell and
Associates for engineering services necessary for the planning, designing, bidding, and construction
administration associated with this project. He further stated that a breakdown of these costs is as follows:
Engineering Planning Services @ $7,000
Engineering Design Services @ $38,000
Professional Services During Construction @ $28,000
TOTAL COST $73,000
Mayor Oudeh asked City Attorney Pope if he has reviewed this contract.
City Attorney Pope responded that he has reviewed the contract and no matters appear objectionable to
him.
Motion by Council Member Sumner, seconded by Council Member Robinson, to approve the contract
between the City of Dunn and Davis - Martin - Powell & Associates for engineering services of $73,000
associated with the Rural Center Supplemental Grant awarded to the City of Dunn. Motion unanimously
approved. (Attachment #3)
HIRING OF ATTORNEY
HWY. 421 EXPANSION
Mr. Autry deferred this agenda item to City Attorney P. Tilghman Pope.
City Attorney Pope stated that in a previous meeting, this Council voted to pursue a project of the widening
of Highway 421 from the intersection of Highway 55 down past the proposed new Food Lion shopping
center. He added that the plan is to assess the property owners for the cost of construction of the road. He
further stated that in connection with this project, there will be various legal matters, including the drafting
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of petitions and resolutions as well as following the necessary procedures for special assessments as set out
in the North Carolina General Statutes.
Mr. Pope stated that he is a property owner along with his mother and other family. He added that as a
property owner, he would have a conflict of interest in providing any legal services to the City in
connection with the legal work on this project, as he would be a beneficiary of the work performed. He
further stated that he has removed himself as City Attorney for this project.
Mr. Pope stated that he has talked with several attorneys about performing the services for this project. He
added that he talked with Attorney Cecil `Bo" Jones and,he has agreed to perform the work related to this
project subject to Council approval. He further stated that Mr.' Jones agreed to perform the work at the
same rate the City pays Attorney Pope. Mr. Pope stated that Mr: Jones would have been present at
tonight's meeting, but had a conflict; a PTO meeting, of which he is president.
�1 Mr. Pope stated that it would be his recommendation that the Council approve engaging Mr. Jones for the
limited purposes of providing legal services in connection with the Highway 421 project.
Motion by Mayor Pro -Tern Womble, seconded by Council Memb'er,Bass to hire Mr. Cecil `Bo" Jones as
attorney for the limited purposes of providing legal services in connection with the Highway 421 widening
project. Motion unanimously approved.
INFORMATION
Mayor Oudeh stated that a concerned citizen called today and requested to speak to the Council
Ms. Teresa Jones, owner of Faith Education Academy on Pope Road stepped forward. She stated that on
several occasions she has asked the Police Department for help and has not received the help she deserves.
She added that she owns ten (10) pieces of property in the City of Dunn and she pays good taxes. She
further stated that she should receive some benefits frcm paying taxes, especially as a business owner.
Ms. Jones stated that in April, 2003, there was a gentleman at the motel across the street from the school,
taking pictures of the children. She added that she called the police but they did not do anything about it.
She further stated that she walked across the street, wrote down the license number and had the license
plate ran in Raleigh and found out who the gentleman was. She stated the Police Department would not
help her.
Ms. Jones stated that the second incident occurred on Thursday, September 25, 2003 between 12:30 and
1:00 p.m. She added that a student walked away from the school. She further stated that she called 911 to
ask that someone be sent out to help her get this child back to school. She stated that the dispatcher was
talking to someone in his office and when she tried to answer him, he replied that he was talking to
someone else in the office. She added that no one ever contacted her from the Police Department.
Ms. Jones stated that the child walked all the way home. She added that the Police Department never
responded. She further stated that she had a parent that came to the Police Department on another incident
and a policeman made an ugly comment about her school.
Ms. Jones stated that the Police Department should support her school, not spread gossip to put down her
school. She added that she has battled with the Police Department for eight (8) years, but did note that due
to Captain Radcliffe's help, vandalism at her school is down.
Ms. Jones stated that she has never talked with the Police Chief and has a concern that as a business owner,
the Police Department should be a support.
Ms. Jones stated that she has another complaint concerning the property next to her. She added that she has
to lodge a complaint everytime the grass needs to be cut on this property. She further stated that she would
like for her property to look good, adding she is on the other side of the tracks. She asked that they look
into this concern also.
Council Member Robinson stated that the Council needs to talk about speed limit signs. He added that the
speed limit is 35 in residential areas, but they need to bok at specifying 25 mph, along with "Children at
Play ". He asked that Mr. Autry have City Manager Uskiewicz place this issue on the next agenda.
Mayor Oudeh asked if the Council had anymore comments.
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With no further discussion, the following burial righ =s were executed:
1. Dafford Funeral Home and their heirs, Block 11, Lot 40, Space 8, Resthaven Cemetery.
2. Lisa Ellis and her heirs, Block 15, Lot 31, Space 2, Resthaven Cemetery.
3. Betty M. Warren and her heirs, Block 15, Lot 56, Space 6, Resthaven Cemetery.
4. Dafford Funeral Home and their heirs, Block 13, Lot 55, Spaces 1,2,5, & 6, Resthaven Cemetery.
With no further business to discuss, the meeting was adjourned at 7:25 p.m.
Attest:
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Debra G. West
City Clerk
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Minutes taken by Deputy City Clerk Dana Cochran, transcribed and typed by City Clerk Debra G.
West.
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