01062000475
CITY OF DUNN
DUNN, NORTH CAROLINA
MINUTES
THE CITY COUNCIL OF THE CITY_ OF DUNN HELD A REGULAR ,MEETING ON
THURSDAY, JANUARY 6, 2000 AT 700 IN THE DUNN MUNICIPAL BUILDING.
PRESENT WAS MAYOR ABRAHAM OUDEH, MAYOR PRO -TEM MIRE WOMBLE, AND
COUNCILMEMBERS TOBY SUMNER, GEORGE ROBINSON, PAUL BASS, JOEY TART, AND
CAROLYN MCDOUGAL. ALSO PRESENT WAS CITY MANAGER CARL DEAN, CITY CLERK
JOYCE VALLEY, CITY ATTORNEY BILLY GODWIN, FINANCE DIRECTOR RENEE
DAUGHTRY, PUBLIC WORKS DIRECTOR TIM HOLLOMAN, ASSISTANT PUBLIC WORKS
DIRECTOR JOE CAMPBELL, CITY ENGINEER ED POWELL, FIRE CHIEF AUSTIN TRW,
LIBRARIAN DEBORAH MELVIN AND BUILDING INSPECTOR RICKY PARSON.
INVOCATION
MAYOR OUDEH OPENED TIM MEETING AT 7:00 P.M. AND ASKED
COUNCILMEMBER TART TO GIVE THE INVOCATION. AFTERWARD, THE PLEDGE
OF ALLEGIANCE WAS REPEATED.
HE WELCOMED AND CONGRATULATED THE NEWLY ELECTED OFFICIALS.
MAYOR OUDEH CLOSED THE REGULAR MEETING AND OPENED PUBLIC HEARINGS
AT 7:00 P.M.
PUBLIC HEARINGS
ALLEY CLOSING -400 BLOCK PEARSALL /WEST DIVINE
PUBLIC HEARING
CITY MANAGER DEAN STATED THAT THE PUBLIC_ HAS BEEN NOTIFIED THAT
ORAL AND WRITTEN COMMENTS WOULD BE HEARD AND RECEIVED ON THE
QUESTION OF CLOSING THE ALLEY BETWEEN THE 400 BLOCK OF WEST
PEARSALL STREET AND WEST DIVINE STREET. HE ADDED THAT THE PUBLIC
HEARING WAS DULY ADVERTISED ON NOVEMBER 10, 17, 24, 31 AND
DECEMBER 1, 1999 AND RESCHEDULED FOR JANUARY 6, 2000. HE STATED
THAT A NOTICE OF THE RESCHEDULING WAS DULY ADVERTISED ON NOVEMBER
25, 1999. i 1
CITY MANAGER DEAN STATED THAT ALL ADJACENT PROPERTY OWNERS HAVE
BEEN NOTIFIED OF THE INTENT TO CLOSE THE ALLEY BY CERTIFIED MAIL
AND THE ALLEY HAS BEEN POSTED IN TWO PLACES ALONG THE PROPERTY.
MAYOR OUDEH ASKED IF THERE WERE COMMENTS FROM THE PUBLIC.
HEARING NONE, HE CLOSED THE PUBLIC HEARING IN REFERENCE TO SAME.
ALLEY CLOSING -700 BLOCK W. BROAD /W. CUMBERLAND
PUBLIC HEARING
CITY MANAGER DEAN STATED THAT THE PUBLIC HAS BEEN NOTIFIED THAT
ORAL AND WRITTEN COMMENTS WOULD BE HEARD AND RECEIVED ON THE
QUESTION OF CLOSING THE ALLEY LOCATED AT THE 700 BLOCK OF WEST
BROAD AND WEST CUMBERLAND STREET. HE ADDED THAT THE PUBLIC
HEARING WAS DULY ADVERTISED ON NOVEMBER 10, 17, 24, 31 AND
DECEMBER 1, 1999 AND RESCHEDULED FOR JANUARY 6, 2000. HE STATED
THAT A NOTICE WAS DULY ADVERTISED ON NOVEMBER 25, 1999 AND ALL
ADJACENT PROPERTY OWNERS HAVE BEEN NOTIFIED OF THE INTENT TO
CLOSE THE ALLEY BY CERTIFIED MAIL. HE ADDED THAT THE ALLEY HAS
BEEN POSTED IN TWO PLACED ALONG THE PROPERTY.
MAYOR OUDEH ASKED IF THERE WERE ANY COMMENTS FROM THE PUBLIC AND
REMINDED THEM THAT THIS IS A PUBLIC HEARING, ANYONE CAN OPPOSE OR
SUPPORT. HEARING NONE, HE CLOSED THE PUBLIC HEARING IN REFERENCE
TO SAME.
FINAL PLAT REVIEW
TILGHMAN DRIVE
PUBLIC HEARING
CITY MANAGER DEAN STATED THAT .MR. EDWARD TURLINGTON HAS REQUESTED
A FINAL PLAT REVIEW ON 1.25 ACRES OF '.LAND LOCATED ON N.C.S.R.
1680 ( TILGHMAN DRIVE). HE ADDED THAT THIS PROPERTY HAS A FRONTAGE
OF 804.19 FEET AND A DEPTH OF 244.3 FEET AND IS CURRENTLY ZONED
C -0. HE STATED THAT THE PUBLIC HEARING WAS DULY ADVERTISED ON
DECEMBER 29, 1999 AND JAL"UARY 5, 2000.
476
MAYOR OUDEH ASKED IF THERE WERE ANY COMMENTS FROM THE PUBLIC.
HEARING NONE, HE CLOSED THE PUBLIC HEARING IN REFERENCE TO SAME.
FINAL PLAT REVIEW
NAPLE AVENUE
PUBLIC HEARING
CITY MANAGER DEAN STATED THAT MR. EDWARD TURLINGTON HAS REQUESTED
A FINAL PLAT REVIEW OF 2.94 ACRES OF LAND LOCATED ON N.C.S.R.
1717 (MAPLE AVENUE) . HE ADDED THAT THE PROPERTY HAS A FRONTAGE
OF 208 FEET AND A DEPTH OF 457.85 FEET AND IS CURRENTLY ZONED R-
I0.
CITY MANAGER DEAN STATED THAT THE PUBLIC HEARING WAS DULY
ADVERTISED ON DECEMBER 29, 1999 AND JANUARY 5, 2000.
MAYOR OUDEH ASKED IF THERE WERE ANY COMMENTS FROM THE PUBLIC.
HEARING NONE, HE CLOSED THE PUBLIC HEARING IN REFERENCE TO SAME.
DUNN THOROUGHFARE PLAN- ADOPTION
PUBLIC HEARING
CITY MANAGER DEAN STATED THAT THE PUBLIC HAS BEEN NOTIFIED THAT A
PUBLIC HEARING WOULD BE HELD CONCERNING THE ADOPTION OF THE
PROPOSED DUNN THOROUGHFARE PLAN. HE ADDED THAT MS. ALENA COOK,
WITH THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION HAS BEEN
WORKING COOPERATIVELY WITH THE DUNN AND ERWIN PLANNING BOARDS AND
COUNCILS FOR THE PAST TWO YEARS TO UPDATE THE 1977 DUNN -ERWIN
THOROUGHFARE PLAN. HE ALSO STATED THAT MS. COOK WOULD LIKE TO
PRESENT INFORMATION CONCERNING THE 1999 UPDATE AND IS AVAILABLE
TO ANSWER QUESTIONS CONCERNING THE PROPOSED THOROUGHFARE PLAN.
I-IE ADDED THAT THE PUBLIC HEARING WAS ADVERTISED ON DECEMBER 29,
1999. HE ASKED MS. COOK TO COME TO THE PODIUM.
MAYOR OUDEH SUGGESTED THAT IF POSSIBLE, A SPECIAL SESSION BE
SCHEDULED FOR THE DUNN THOROUGHFARE PLAN ADOPTION, BECAUSE THAT
-- IS VERY IMPORTANT FOR THE CITY OF DUNN.
MS. COOK STATED THAT THE THOROUGHFARE PLAN IS THE LONG RANGE
TRANSPORTATION PLANNING DOCUMENT THAT IS REQUIRED BY STATE LAW.
SHE ADDED THAT IT IS ESSENTIALLY THE FIRST STEP IN GETTING A
HIGHWAY BUILT BY USING STATE FUNDS AND IS USED IN TWO WAYS. SHE
SAID THE FIRST WAY IS THAT IT IS A SET OF IDEAS FOR PROJECTS THAT
D.O.T. ANTICIPATES BEING NECESSARY AT SOME POINT IN THE FUTURE.
SHE ADDED THAT THE CITY CAN USE THIS SET OF IDEAS AND SELECT THE
ONES THAT ARE PRIORITIES, AND REQUEST THAT THE STATE FUND CERTAIN
PROJECTS COMPLETELY AT THE CITY'S DISCRETION. SHE SAID THE SECOND
WAY A THOROUGHFARE PLAN NEEDS TO BE USED IS TO GUIDE DEVELOPMENT.
MS. COOK FURTHER STATED THAT WHEN DEVELOPMENT OCCURS AND ONE OF
THE ALIGNMENTS IS ON A THOROUGHFARE PLAN, THE CITY SHOULD MAKE
THE DEVELOPER AWARE OF THIS STATE DOCUMENT AND THE DEPARTMENT OF
TRANSPORTATION IS WILLING TO TRY TO REALIGN ANY ROAD THAT IMPACTS
DEVELOPMENT.
MS. COOK STATED THAT ERWIN ADOPTED THIS PLAN IN OCTOBER, AND
D.O.T. IS AWAITING DUNN'S ADOPTION WHICH WILL GO TO THE BOARD OF
TRANSPORTATION AND THEY WILL SIGN OFF ON IT AS WELL. SHE ADDED
THAT IT WILL BE AN OFFICIAL DOCUMENT AND COUNCIL WILL RECEIVE
SOME REPORTS DOCUMENTING THE RECOMMENDATIONS AND HOW THEY WERE
DEVELOPED WHICH CAN BE USED TO REQUEST PROJECTS FOR FUNDING. SHE
SAID IT IS NECESSARY WHEN THE CITY REQUESTS PROJECTS FOR THE
PROJECTS TO ALREADY BE ON THE THOROUGHFARE PLAN. MS. COOK STATED
THAT THE CITY'S MOST RECENT REQUEST INCLUDED A COUPLE OF PROJECTS
THAT ARE ON THIS UPDATE THAT DO NOT HAPPEN TO BE ON THE OLD
THOROUGHFARE PLAN, SO IT IS VERY IMPORTANT THAT COUNCIL GO AHEAD
AND TAKE ACTION ON THIS ITEM.
MS. COOK ASKED IF THERE WERE ANY QUESTIONS.
HEARING NONE, MAYOR OUDEH CLOSED THE PUBLIC HEARINGS AT 7:15 P.M.
AND RECONVENED THE REGULAR COUNCIL MEETING.
477
CONSENT ITEMS
CITY MANAGER DEAN INFORMED COUNCIL THAT CONSENT ITEMS COULD BE
VOTED ON AS A GROUP, OR IF THERE ARE ITEMS COUNCIL WISHES TO
' DELETE FROM THE CONSENT AGENDA FOR FURTHER DISCUSSION, COUNCIL
MAY PULL THE ITEM(S).
MAYOR OUDEH ASKED IF THERE WERE ANY CONSENT ITEMS COUNCIL WISHED
TO DELETE.
COUNCILMEMBER MCDOUGAL STATED THAT SHE WOULD LIKE TO DELETE ITEM
V -5 CONTRIBUTION TO DUNN JAYCEES -SMOKE DETECTORS FOR FURTHER
DISCUSSION. .-
WITH NO FURTHER DELETIONS, COUNCIL CONSIDERED THE FOLLOWING
CONSENT ITEMS:
MINUTES- DECEMBER 2, 1999 - COUNCIL CONSIDERED APPROVAL OF MINUTES
OF THE DECEMBER 2, 1999 COUNCIL MEETING.
BUDGET AMENDMENTS- COUNCIL CONSIDERED APPROVAL OF BUDGET
AMENDMENTS #37 -41 AND #45- 50.(ATTACHMENT #1)
TAX RELEASES /REFUNDS - COUNCIL, CONSIDERED APPROVAL OF TAX
RELEASES /REFUNDS #631 - #637.
ASSESSMENT RELEASES /REFUNDS - COUNCIL CONSIDERED APPROVAL OF
ASSESSMENT RELEASES /REFUNDS #1 - #11.
MOTION BY COUNCILMEMBER SUMNER, SECONDED BY COUNCILMEMBER BASS TO
APPROVE THE ABOVE CONSENT ITEMS. MOTION UNANIMOUSLY APPROVED.
CONTRIBUTION -DVNN JAYCEES
COUNCILMEMBER MCDOUGAL ASKED WHAT CONTRIBUTION IS ORDINARILY
GIVEN BY THE CITY.
CITY MANAGER DEAN RESPONDED $800.00. HE STATED THAT THE CITY
CONTRIBUTED $800.00 FOR THE LAST FOUR OR FIVE YEARS AND IT GOES
TO THE JAYCEES WHO INSTALL SMOKE DETECTORS IN HOMES THROUGHOUT
TOWN.
MOTION BY COUNCILMEMBER MCDOUGAL, SECONDED BY COUNCILMEMBER TART
TO APPROVE A CONTRIBUTION OF $800.00 TO THE DUNN JAYCEES. MOTION
UNANIMOUSLY APPROVED.
ALLEY CLOSING 400 BLOCK W. PEARSALL /W. DIVINE
RESOLUTION AND ORDER
CITY MANAGER DEAN STATED THAT A REQUEST WAS RECEIVED TO CLOSE THE
ALLEY BETWEEN WEST PEARSALL AND WEST DIVINE STREETS IN THE 400
BLOCK. HE ADDED THAT BASED UPON THE RESOLUTION OF INTENT WHICH
WAS ADOPTED NOVEMBER 4, 1959 AND THE PUBLIC HEARING HELD THIS
EVENING, A RESOLUTION AND ORDER TO CLOSE THE ALLEY NEEDS COUNCIL
CONSIDERATION. HE ADDED THAT ALL ADJACENT PROPERTY OWNERS HAVE
BEEN NOTIFIED BY CERTIFED MA =L AND NO NEGATIVE COMMENTS HAVE BEEN
RECEIVED.
MOTION BY COUNCILMEMBER TART, SECONDED BY MAYOR PRO -TEM WOMBLE TO
APPROVE THE RESOLUTION AND ORDER TO CLOSE THE ALLEY LOCATED AT
400 BLOCK WEST PEARSALL /WEST DIVINE. MOTION UNANIMOUSLY APPROVED.
(ATTACHMENT #2)
ALLEY CLOSING 700 BLOCK W. CUMBERLAND /W. BROAD STREET
RESOLUTION AND ORDER
CITY MANAGER DEAN STATED THAT A REQUEST WAS RECEIVED TO CLOSE THE
ALLEY LOCATED BETWEEN WEST CUMBERLAND AND WEST BROAD STREETS IN
THE 700 BLOCK. HE FURTHER STATED THAT BASED UPON THE RESOLUTION
OF INTENT WHICH WAS ADOPTED NOVERMBER 4, 1999 AND THE PUBLIC
HEARING HELD THIS EVING, A RESOLUTION AND ORDER TO CLOSE THE
ALLEY NEEDS COUNCIL CONSIDERATION. HE ADDED ALL THE ADJACENT
PROPERTY OWNERS HAVE BEEN NOTIFIED BY CERTIFIED MAIL AND NO
NEGATIVE COMMENTS HAVE BEEN RECEIVED.
478
MOTION BY COUNCILMEMBER MCDOUGAL, SECONDED BY COUNCILMEMBER
ROBINSON TO APPROVE THE RESOLUTION AND ORDER TO CLOSE THE ALLEY
IN THE 700 BLOCK OF WEST CUMBERLAND AND WEST BROAD STREET.
(ATTACHMENT #3).
' FINAL PLAT REVIEW
TILGHMAN DRIVE
CITY MANAGER DEAN STATED THAT MR. EDWARD TURLINGTON HAS REQUESTED
A FINAL PLAT REVIEW OF 1.25 ACRES OF LAND LOCATED ON N.C.S.R.
1680 ( TILGHMAN DRIVE). HE ADDED THAT THIS PROPERTY HAS A
FRONTAGE OF 804.19 FEET AND A DEPTH OF 244.31 FEET AND IS ZONED
C -0.
HE ALSO STATED THAT THE PLANN =NG BOARD MET ON DECEMBER 14, 1999
AND VOTED UNANIMOUSLY TO RECOMMEND APPROVAL OF THIS REQUEST. HE
YIELDED TO CITY ATTORNEY BILLY GODWIN TO EXPLAIN CODE
REQUIREMENTS.
CITY ATTORNEY GODWIN EXPLAINED THAT PRIOR TO FINAL PLAT REVIEW, A
BOND MUST BE PROVIDED BY THE CONTRACTOR, WHICH MR. EDWARD
TURLINGTON HAS NOT DONE; THEREFORE, IT IS HIS RECOMMENDATION THAT
COUNCIL APPROVE THIS FINAL PLAT CONTINGENT UPON MR. TURLINGTON
PROVIDING THE BOND PRIOR TO MR. DEAN'S ACTUAL SIGNATURE ON THE
FINAL PLAT.
MOTION BY MAYOR PRO -TEM WOMBLE, SECONDED BY COUNCILMEMBER TART TO
APPROVE THE FINAL PLAT REVIEW OF 1.25 ACRES OF LAND LOCATED ON
N.C.S.R. 1680 ( TILGHMAN DRIVE) CONTINGENT UPON MR. TURLINGTON
PROVIDING THE REQUIRED BOND PRIOR TO MR. DEAN'S SIGNATURE ON THE
FINAL PLAT.
MAYOR OUDEH ASKED IF THERE WAS ANY DISCUSSION BY COUNCIL.
HEARING NONE, MOTION UNANIMOUSLY APPROVED.
FINAL PLAT REVIEW
MAPLE AVENUE
CITY MANAGER DEAN STATED THAT MR. EDWARD TURLINGTON HAS REQUESTED
A FINAL PLAT REVIEW OF 2.94 ACRES OF LAND LOCATED ON N.C.S.R.
1717 (MAPLE AVENUE) ; HOWEVER. HE HAS REQUESTED THAT THIS BE
TABLED UNTIL A FUTURE DATE DUE TO BONDING COSTS.
MOTION BY COUNCILMEMBER SUMNER, SECONDED BY COUNCILMEMBER
ROBINSON TO APPROVE DELAY OF THE FINAL PLAT REVIEW OF 2.94 ACRES
OF LAND ON N.C.S.R. 1717 (MAPLE AVENUE) UNTIL A FUTURE DATE.
MOTION UNANIMOUSLY APPROVED.
RESOLUTION -DUNK THOROUGHFARE PLAN
CITY MANAGER DEAN STATED THAT MS. ALENA COOK WITH THE DEPARTMENT
OF TRANSPORTATION HAS EXPLAINED THE DUNN THOROUGHFARE PLAN AND A
RESOLUTION TO ADOPT THE THOROUGHFARE PLAN NEEDS COUNCIL
CONSIDERATION.
MOTION BY COUNCILMEMBER MCDOUGAL, SECONDED BY COUNCILMEMBER BASS
TO TABLE ADOPTION OF THE RESOLUTION FOR THE DUNN THOROUGHFARE
PLAN UNTIL IT COULD BE CONSIDERED AT A SPECIAL CALL MEETING TO BE
HELD ON JANUARY 18, 2000 AT 6:00 P.M.
COUNCILMEMBER TART STATED THAT THE DUNN THOROUGHFARE PLAN WAS A
CONTINGENCY PLAN AND COULD BE CHANGED ONCE APPROVED. HE ASKED
WHAT TYPE OF EXPENSE WOULD BE INVOLVED IF APPROVAL OF THE
RESOLUTION IS DELAYED.
MS. COOK STATED THAT SHE WOULD BE AVAILABLE AT THE SPECIAL CALL
MEETING AND EXPLAINED THAT THE ADOPTION OF THE THOROUGHFARE PLAN
WAS NOT A COMMITMENT BY THE DEPARTMENT OF TRANSPORTATION TO
COMPLETE PROJECTS; HOWEVER, THE CITY MUST HAVE THE PLAN IN PLACE
TO RECEIVE FUNDING OF PROJECTS.
MOTION CARRIED 4 -2
AYES: MCDOUGAL
BASS
ROBINSON
WOMBLE
NOES: TART
SUMNER
TART PARK- LIGHTING CONTRACT AND FINANCING
CITY MANAGER DEAN REFERRED COUNCIL TO THE NOVEMBER 4, 1999 AGENDA
ABSTRACT CONCERNING BIDS FOR LIGHTING OF THE BALLFIELDS AT TART
PARK. HE STATED THAT ON NOVEMBER 4, 1999, BIDS WERE RECEIVED FOR
THE INSTALLATION OF LIGHTING OF THE BALLFIELDS AS FOLLOWS:
OPTION
STEEL POT.F CONCRETE POLRS
1. CAROLINA POWER AND LIGHT $ 124,431.60
2. TOUCHTONE ENERGY 163,845.00 $150,040.00
3. ER ELECTRIC 155,372.00 135,092.00
CITY MANAGER DEAN STATED THAT PROPOSALS WERE RECEIVED FOR
FINANCING THE INSTALLATION OF MUSCO SPORTS FIELD LIGHTING AT TWO
SOCCER FIELDS AND ONE BASEBALL FIELD AT TART PARK AS FOLLOWS:
BANK
RATE
ORIGINATION FEE
FIVE(5) ANNUAL
PAYMENTS
CENTURA
5.30%
$ 0.00
$24,063.50
FIRST FEDERAL
5.35%
$500.00
$24,100.56
FIRST CITIZENS
5.51&
$200.00
$24,202.68
BB & T
5.56&
$250.00
$24,235.87
CITY MANAGER DEAN STATED THAT HIS RECOMMENDATION FOR AWARD OF THE
CONTRACT FOR INSTALLATION OF THE LIGHTING AT TART PARK IS
CAROLINA POWER & LIGHT COMPANY IN THE AMOUNT NOT TO EXCEED
$124,431.60. HE ADDED THAT HIS RECOMMENDATION FOR THE FINANCING
OF THIS PROJECT BE AWARDED TO CENTURA BANK AT A RATE OF 5.30%
WITH FIVE (5) ANNUAL PAYMENTS IN THE AMOUNT OF $24,063.50
MAYOR OUDEH ASKED COUNCIL IF THERE WAS ANY DISCUSSION BY COUNCIL.
HEARING NONE, MOTION BY COUNCILMEMBER TART, SECONDED BY MAYOR
PRO -TEM WOMBLE TO AWARD THE CONTRACT FOR INSTALLATION OF LIGHTING
AT TART PARK TO CP &L IN AN AMOUNT NOT TO EXCEED $124,431.60;
AWARD THE FINANCING OF THIS PROJECT TO CENTURA BANK AT A RATE OF
5.30 WITH FIVE (5) ANNUAL PAYMENTS IN THE AMOUNT OF $24,063.50;
APPROVE BUDGET AMENDMENT #51 IN THE AMOUNT OF $20,000.00 WHICH IS
NEEDED TO ALLOW PROJECT TC BE ACCOUNTED FOR IN THE TART PARK
EXPANSION FUND AND BUDGET AMENDMENT #52 IN THE AMOUNT OF
$123,324.00 WHICH IS NEEDED TO RECORD TRANSFER FROM GENERAL FUND
AND LEASE PURCHASE PROCEEDS. MOTION UNANIMOUSLY APPROVED.
(ATTACHMENT #4) \
GRANTS - SENIOR CENTERS
CITY MANAGER DEAN STATED TI3:T TWO (2) GRANTS HAVE BEEN RECEIVED
FOR EACH OF THE CITY'S TWO SENIOR CENTERS IN THE AMOUNT OF
$7,033.00. HE FURTHER STATED THAT THESE GRANTS ARE A 90%;-10 &,
WITH THE STATE ALLOCATING $6,329.00 AND THE CITY'S OBLIGATION OF
$704.00 PER CENTER. HE ADDED THAT THE CITY WOULD BE REQUIRED TO
APPROPRIATE $1,408.00 IN ORDER TO RECEIVE THE $12,658.00 IN STATE
FUNDING FOR THESE CENTERS.
479
MAYOR OUDEH ASKED IF THERE WAS ANY DISCUSSION BY COUNCIL.
HEARING NONE, MOTION BY MAYOR PRO -TEM WOMBLE, SECONDED BY
COUNCILMEMBER BASS TO APPROVE TWO (2) GRANTS FOR THE CITY'S TWO
(2) SENIOR CENTERS IN THE AMOUNT OF $7,033.00 EACH WITH THE
CITY'S OBLIGATION OF $704.00 PER CENTER AND BUDGET AMENDMENT #51-
A IN THE AMOUNT OF $14,066.00 WHICH IS NEEDED TO ALLOCATE FUNDS
FOR TWO (2) SENIOR CENTER GRANT PROGRAMS. MOTION UNANIMOUSLY
APPROVED. (ATTACHMENT #5)
MID- CAROLINA COG BYLAWS
AMENDMENT- RESOLUTION
CITY MANAGER DEAN STATED THAT MID- CAROLINA COUNCIL OF GOVERNMENTS
IS REQUESTING THAT CITY COUNCIL CONSIDER A RESOLUTION TO APPROVE
�...,/ AND RATIFY THE AMENDMENT OF THE MID- CAROLINA COUNCIL OF
GOVERNMENTS BYLAWS.
HE STATED THIS WAS MORE OF A PAPERWORK TRANSACTION AND MUST BE
APPROVED IN ORDER FOR MID- CAROLINA COUNCIL OF GOVERNMENTS TO
CHANGE THEIR BYLAWS.
MAYOR OUDEH ASKED IF THERE WAS ANY DISCUSSION BY COUNCIL.
HEARING NONE, MOTION BY COUNCILMEMBER TART, SECONDED BY
COUNCILMEMBER SUMNER TO APPROVE THE RESOLUTION TO APPROVE AND
RATIFY THE AMENDMENT OF THE MID - CAROLINA COG BYLAWS. MOTION
UNANIMOUSLY APPROVED. (ATTACHMENT #6)
GRANT -IN -CAR VIDEO CAMERAS
CITY MANAGER DEAN STATED THAT THE CITY HAS RECEIVED A GRANT AWARD
IN THE AMOUNT OF $9,000.00 FROM THE GOVERNOR'S HIGHWAY SAFETY
PROGRAM FOR TWO (2) ADDITIONAL MOBILE VIDEO CAMERAS. HE ADDED
THAT A BID QUOTATION FROM THE SAME SUPPLIER FOR THE CITY'S OTHER
VIDEO CAMERAS HAS BEEN RECEIVED WHICH WILL ALLOW FOR A STANDARD
SYSTEM. HE FURTHER STATED THAT THIS IS A 100& GRANT WITH NO CITY
MONEY INVOLVED. HE YIELDED TC CAPTAIN RADCLIFFE TO DISCUSS THE
CAMERAS.
CAPTAIN RADCLIFFE STATED THAT CURRENTLY THE POLICE DEPARTMENT HAS
EIGHT (8) CAMERAS AND THE GOAL IS TO INSTALL CAMERAS IN ALL
POLICE CARS. HE FURTHER STATED THAT TWO OR THREE CAMERAS ARE
NEEDED IN ORDER TO REACH THIS COAL.
CAPTAIN RADCLIFFE ADDED THAT THERE HAVE BEEN SOME COMPLAINTS AND
MINOR PROBLEMS WITH THE CAMERAS FROM THE PUBLIC; HOWEVER, THE
TAPE COULD BE VIEWED FOR PROBLEMS WHEN OFFICERS ARE CONSIDERING
DOMESTIC AND OTHER TYPES OF CALLS WHICH IS CUTTING DOWN OF THE
NUMBER OF COMPLAINTS RECEIVED BY THE DEPARTMENT.
MOTION BY MAYOR PRO -TEM WOMBLE, SECONDED BY COUNCILMEMBER
ROBINSON TO APPROVE GRANT AWARD FOR (2) ADDITIONAL MOBILE VIDEO
CAMERAS FROM THE GOVERNOR'S HIGHWAY SAFETY PROGRAM IN THE AMOUNT
OF $9,000-00 MAXIMUM AND BUDGET AMENDMENT #36 IN THE AMOUNT OF
$9,000.00 TO APPROPRIATE FUNDS TO PURCHASE TWO (2) IN -CAR -VIDEO
SYSTEMS. MOTION UNANIMOUSLY APPROVED. (ATTACHMENT #7)
CLOSED SESSION
MOTION BY COUNCILMEMBER MCDOUGAL, SECONDED BY COUNCILMEMBER
ROBINSON TO GO INTO CLOSED SESSION TO DISCUSS COUNCIL COMMITTEE
APPOINTMENTS AND PERSONNEL MATTERS.
CITY ATTORNEY GODWIN ADVISEE COUNCIL THAT COUNCIL COMMITTEE
APPOINTMENTS COULD NOT BE DISCUSSED IN CLOSED SESSION PURSUANT TO
+ THE OPEN MEETING LAW; HOWEVER CERTAIN PERSONNEL MATTERS CAN BE
DISCUSSED IN CLOSED SESSION.
MOTION BY COUNCILMEMBER MCDOUGAL, SECONDED BY COUNCILMEMBER
ROBINSON TO GO INTO CLOSED SESSION AT 7:45 P.M. TO DISCUSS
PERSONNEL MATTERS. MOTION UNAN::MOUSLY APPROVED.
MAYOR OUDEH ADJOURNED THE CLOSED SESSION AT 8:45 P.M. AND
RECONVENED THE REGULAR COUNCIL MEETING.
MOTION BY COUNCILMEMBER MCDOUGAL, SECONDED BY COUNCILMEMBER
ROBINSON TO ADD TO THE JANUARY 18, 2000 SPECIAL CALL AGENDA A
CLOSED SESSION TO DISCUSS PERSONNEL IN REFERENCE TO THE CITY
MANAGER. MOTION UNANIMOUSLY APPROVED.
APPOINTMENTS- COUNCIL COMMITTEES
MAYOR OUDEH RECOMMENDED THE FOLLOWING COUNCIL COMMITTEE
APPOINTMENTS:
ADMINISTRATION
PUBLIC WORKS /POLICE
FIRE
HOUSING AUTHORITY
PLANNING BOARD
LIBRARY
ABC BOARD
RECREATION
SENIOR CITIZENS
DOWNTOWN MERCHANTS
COG BOARD
LOCAL GOVERNMENT ASSOCIATION
MAYOR OUDEH
COUNCILMEMBER ROBINSON
COUNCILMEMBER SUMNER
COUNCILMEMBER MCDOUGAL
COUNCILMEMBER MCDOUGAL
COUNCILMEMBER TART
COUNCILMEMBER BASS
COUNCILMEMBER TART
MAYOR PRO -TEM WOMBLE
COUNCILMEMBER SUMNER
COUNCILMEMBER BASS
MAYOR OUDEH
MAYOR OUDEH ASKED COUNCIL IF THERE WERE ANY OBJECTIONS TO HIS
RECOMMENDATIONS.
COUNCILMEMBER SUMNER STATED THAT THE LIST HE WAS GIVEN IS
DIFFERENT FROM THE MAYOR'S RECOMMENDATIONS.
COUNCILMEMBER MCDOUGAL RESPONDED THAT THE LIST GIVEN IN THE
AGENDA PACKETS WAS PROPOSED BY THE CITY MANAGER.
CITY MANAGER DEAN STATED THAT THE LIST HE DISTRIBUTED TO COUNCIL
WERE ONLY PROPOSED RECOMMENDATIONS TO GIVE COUNCIL A LIST WITHIN
WHICH TO WORK AND BEGIN DISCUSSIONS.
MOTION BY COUNCILMEMBER MCDOUGAL, SECONDED BY COUNCILMEMBER
ROBINSON TO APPROVE ABOVE APPOINTMENTS AS RECOMMENDED BY MAYOR
OUDEH. MOTION CARRIED 5 -1.
AYES - MCDOUGAL NOES - SUMNER
ROBINSON
TART
WOMBLE
BASS
911 - CELLULAR
CITY MANAGER DEAN INFORMED COUNCIL THAT THE STATE WILL BEGIN TO
CHARGE CELL PHONE USERS FOR ACCESS TO E -911 MUCH IN THE SAME
MANNER AS LOCAL TELEPHONE SERVICE. HE STATED THAT AT THE PRESENT
TIME, THE STATE HAS A POOL OF $16,000,000.00 OF WHICH 40t WILL BE
DISTRIBUTED TO THE APPROXIMATELY 150 PSAPS (PUBLIC SAFETY
ANSWERING POINTS) IN NORTH CAROLINA. HE ADDED THAT THIS FORMULA
WOULD BE DIVIDED BETWEEN ^HE PSAPS, WITH 20% GOING TO EACH
LOCATION. HE ADDED THAT THE REMAINING 20% WILL BE DIVIDED BY THE
POPULATION SERVED AND THE CITY'S OF THE FIRST 20%' SHOULD BE
APPROXIMATELY $21,300.00, WITH A SMALL PERCENTAGE TO COME OUT OF
THE REMAINING 20 %.
HE STATED THAT COSTS TO PROVIDE THE SERVICE WILL BE APPROXIMATELY
$8,800.00 FOR EQUIPMENT, PLUS AN ADDITIONAL $3,550.00 SET UP
COSTS AND THE CITY WILL ALSO BE RESPONSIBLE FOR PAYING A MONTHLY
SHARE OF $230.00 PER WIRELESS CARRIER, OR AN ESTIMATED $1,000.00
PER MONTH. HE FURTHER STATED THAT THIS SERVICE WILL ALLOW THE
CITY TO IDENTIFY BOTH THE TOWER AND NUMBER DURING PHASE I, AND
PROVIDE COORDINATES FOR THE LOCATION OF THE VEHICLE IN PHASE II.
COUNCILMEMBER ROBINSON ASKED IF CITY MANAGER DEAN WAS TALKING
ABOUT HAND HELD CELLULAR PHONES.
481
CITY MANAGER DEAN RESPONDED YES AND WENT ON TO EXPLAIN HOW IN
PHASE II, IF SOMEONE CALLS IN, THE POLICE DEPARTMENT WOULD BE
ABLE TO IDENTIFY EXACTLY WHERE THEY ARE AS WITH E -911 SERVICE.
482
1
COUNCILMEMBER BASS ASKED IF CELLULAR PHONES WOULD BE IN THE
POLICE CARS.
CITY MANAGER DEAN RESPONDED NO, THIS WOULD BE THE PUBLIC.
COUNCILMEMBER TART ASKED IF THE CITY WOULD RECEIVE $21,300.00
EACH YEAR.
CITY MANAGER DEAN RESPONDED YES, AND ALSO STATED THAT THE CITY
WOULD BE LOOKING AT APPROXIMATELY $12,000.00 A YEAR FOR THE
SERVICE, WHICH IS BASED ON THE NUMBER OF WIRELESS CARRIERS WE
HAVE IN THE AREA.
COUNCILMEMBER TART ASKED IF IT WOULD BE A BREAK -EVEN POINT.
CITY MANAGER DEAN RESPONDED THAT IT IS SET UP TO BE A BREAK -EVEN
POINT.
COUNCILMEMBER MCDOUGAL ASKED IF SPRINT WOULD BE THE ONLY CARRIER
INVOLVED IN THIS.
CITY MANAGER DEAN RESPONDED THAT THE STATE WOULD SEND THE MONIES
BACK TO THE CITY, WHICH WILL BE COLLECTED BY ALL OF THE AREA
CARRIERS SUCH AS SPRINT, NEXTEL, ALLTELL AND U.S. CELLULAR.
MOTION BY MAYOR PRO -TEM WOMBLE, SECONDED BY COUNCILMEMBER
ROBINSON TO APPROVE ESTABLISHMENT OF E -911 WIRELESS SERVICE TO
THE DUNN POLICE DEPARTMENT AND BUDGET AMENDMENT #52 -A WHICH IS
NEEDED TO COVER EXPENDITURES AND REVENUES FOR THIS ESTABLISHMENT.
MOTION UNANIMOUSLY APPROVED.(ATTACHMENT #8)
COMMUNITY BUILDING- ALCOHOL POLICY
CITY MANAGER DEAN STATED THAT AVERASBORO TRAVEL AND TOURISM
AUTHORITY HAS REQUESTED THAT CITY COUNCIL RECONSIDER THE
AMENDMENT TO THE DUNN CITY CCDE TO ALLOW ALCOHOL IN THE DUNN
COMMUNITY BUILDING.
FOR THE LIABILITY.
CITY ATTORNEY BILLY GODWIN STATED THAT IN TALKING WITH THE
ALCOHOL BEVERAGE COMMISSION (ABC) REGARDING PERMITTING FOR THE
COMMUNITY CENTER IN CLOSING THIS ISSUE, BASICALLY THERE ARE
SEVERAL DIFFERENT TYPES OF ABC PERMITS THAT COULD BE REQUIRED.
HE SAID THAT ONE WOULD BE WHERE THE CITY OBTAINS A SPECIAL USE
PERMIT, AND ANYONE LEASING THE COMMUNITY CENTER FROM THE CITY
WOULD NOT HAVE TO OBTAIN THEIR OWN ALCOHOL PERMIT TO SERVE
ALCOHOL. HE STRESSED THAT THIS WOULD ONLY BE TO SERVE, NOT TO
SELL ALCOHOL. HE ADDED THAT ANOTHER METHOD WOULD BE TO REQUIRE
THE USERS OR LESSEES TO OBTAIN THEIR OWN PERMIT, CALLED A LIMITED
SPECIAL OCCASION PERMIT, WHICH IS THE PREFERRED METHOD. HE STATED
THAT THERE ARE NO PERMITS NEEDED TO SERVE BEER.
MAYOR OUDEH ASKED WHO WOULD BE
HE ALSO STATED THAT UNDER THE CITY'S GENERAL LIABILITY POLICY,
THE COMMUNITY CENTER IS COVERED UNDER GENERAL LIABILITY ISSUES
AND THERE IS AN EXCLUSION FOR LIQUOR LIABILITY; HOWEVER, THERE IS
AN EXCEPTION TO THE EXCLUSION. HE FURTHER STATED THAT ACCORDING
TO THE INSURANCE ADJUSTER AND HIS READING OF THE INSURANCE
POLICY, BECAUSE THE CITY IS NOT IN THE BUSINESS OF MANUFACTURING,
DISTRIBUTING, SELLING, SERVING OR FURNISHING ALCOHOL BEVERAGES,
ANY LIABILITY OR AN INJURY RELATED TO AN ALCOHOL ACCIDENT SHOULD
BE COVERED BY INSURANCE POLICY AND ANOTHER POSSIBILITY THAT WAS
RECOMMENDED BY THE INSURANCE COMPANY WAS TO PURCHASE A LIABILITY
POLICY SPECIFICALLY TAILORED TO ALCOHOL USE. HE ADDED THAT THE
INSURANCE COMPANY IS GATHERING FIGURES FOR SUCH A POLICY.
MAYOR OUDEH ASKED IF THERE WERE ANY QUESTIONS. HEARING NONE, HE
ASKED BILLY TART, CHAIRMAN OF AVERASBORO TRAVEL AND TOURISM TO
ADDRESS COUNCIL.
BILLY TART, CHAIRMAN OF THE TCURISM BOARD, REQUESTED ALCOHOL TO
BE ON THE PROPERTY FOR BANQUETS, BUSINESS MEETINGS, RECEPTIONS,
ETC. HE ADDED THAT THERE WOULD BE NO SALE OF ALCOHOL.
483
COUNCILMEMBER TART STATED THAT THERE WAS A LOT OF TALK ABOUT
BEER, WINE, AND LIQUOR. HE ADDED THAT HE KNEW THE REQUEST WAS FOR
THE TOURISM WHICH BRINGS = NDUSTRY INTO THE AREA AND TOURISTS
SPEND MONEY WITHIN THE AREA AND IT CREATES ADDITIONAL INCOME. HE
ASKED IF THERE WAS A PROBLEq TO LIMITING CONSUMPTION TO BEER AND
WINE AT THE COMMUNITY CEN ^ -ER AND ASKED IF THAT CUTS DOWN ON
TOURISM.
MR. BILLY TART, WITH AVERASBORO TRAVEL AND TOURISM, RESPONDED
THAT A COUPLE OF GROUPS HAVE RENTED THE BUILDING ASSUMING THAT
THEY COULD SERVE ALCOHOL.
HE FURTHER STATED THAT CURRENTLY IF SOMEONE RENTS THE BUILDING
FOR A WEDDING, THEY CANNOT HAVE A CHAMPAGNE TOAST AND THE
BUILDINGS ARE DESIGNED TO HAVE LARGER GROUPS OF PEOPLE, SUCH AS
FOR CONVENTIONS, ETC.
CITY ATTORNEY GODWIN STATED THAT THESE PERMITS APPLY TO FORTIFIED
WINE AND SPIRITUOUS LIQUOR AND IF SOMEONE WANTED TO SERVE BEER
THEY WOULD NOT NEED A PERMIT, BUT IF THEY WANTED TO SERVE LIQUOR
THEY WOULD NEED A PERMIT.
MOTION BY MAYOR PRO -TEM WOMBLE TO APPROVE THE AMENDMENT AS
PRESENTED AND ADD THAT PRIOR TO THE CITY MANAGER ALLOWING ANY
SUCH EVENT, THAT THE CITY COUNCIL REVIEW THE LEASE AND POLICIES
THAT WILL BE IN PLACE FOR ALCOHOL CONSUMPTION PRIOR TO THE EVENT.
MOTION DIED FOR LACK OF A SECOND.
MOTION BY COUNCILMEMBER BASS, SECONDED BY COUNCILMEMBER SUMNER TO
TABLE AMENDMENT UNTIL A LATER DATE, SO THAT COUNCIL HAS TIME TO
STUDY THE INFORMATION.
MAYOR PRO -TEM WOMBLE STATED THAT SUCH A LEASE COULD BE DEVISED TO
REQUIRE LESSEE OF THE BUILDING TO PAY AN ADDITIONAL CHARGE IF
ALCOHOL WILL BE CONSUMED AND THE CITY WILL NOT HAVE TO PAY FOR
INSURANCE OUT OF THE GENERAL FUND. HE ADDED THAT THE ADDITIONAL
REVENUES COLLECTED FOR USE OF THE BUILDING COULD PAY THE
ADDITIONAL COST OF INSURANCE.
MAYOR PRO -TEM WOMBLE STATEL THAT THE COMMUNITY BUILDING WAS PUT
TOGETHER BY A COOPERATION BETWEEN AVERASBORO TRAVEL AND TOURISM
AUTHORITY AND THE CITY OF DUNN. HE ADDED THAT THE TOURISM
AUTHORITY HAS COMMITTED A SIGNIFICANT AMOUNT OF MONEY TO THE
BUILDING AND EVERYONE UNDERSTOOD THAT ALCOHOL WOULD BE ALLOWED TO
BE SERVED IN A TOURISM TYPE SETTING. HE ALSO STATED THAT WHILE
TABLING THE ISSUE IS FINE. COUNCIL NEEDS TO REMEMBER THAT IF
ALCOHOL IS NOT ALLOWED TO BE SERVED IN THE FACILITY, THE CITY
RISKS LOSING THE FUNDING FROM THE TOURISM AUTHORITY. FIE ASKED
CHAIRMAN BILLY TART HOW MUCH MONEY THE TOURISM AUTHORITY HAS
COMMITTED TO THE FACILITY.
CHAIRMAN TART RESPONDED THAT AVERASBORO TRAVEL AND TOURISM
AUTHORITY HAS OBLIGATED $125,000.00 TO THE BUILDING THINKING THE
BUILDING COULD BE USED FOR CONVENTIONS, ETC.
AFTER DISCUSSION, MOTION UNANIMOUSLY APPROVED TO TABLE THIS ITEM
UNTIL A LATER DATE.
SPEED LIMIT REDUCTION -GROVE PARK
i
CITY MANAGER DEAN STATED THAT COUNCILMEMBER MCDOUGAL HAS
REQUESTED THAT THE SPEED LIMIT BE REDUCED IN THE GROVE PARK
SUBDIVISION. HE ADDED THAT PRESENTLY, THE SPEED LIMIT IS 35 MPH
AND STAFF HAS RECOMMENDED THIS SPEED LIMIT BE REDUCED TO 25 MPH.
HE STATED A RESOLUTION HAS BEEN INCLUDED FOR CONSIDERATION TO
REDUCE THE SPEED LIMIT TO 2E MPH IN GROVE PARK SUBDIVISION.
MCDOUGAL ASKED WHO IS STAFF.
CITY MANAGER DEAN RESPONDED TIM HOLLOMON, THE PUBLIC WORKS
DIRECTOR.
484
COUNCILMEMBER MCDOUGAL EXPLAINED THE REASON SHE ASKED FOR A
REDUCTION WAS BECAUSE THERE WAS A LITTLE BOY HIT BY A CAR AT 35
MPH IN GROVE PARK AND SHE THINKS 20 MPH IS ENOUGH AND IT SHOULD
BE POSTED EVERYWHERE.
COUNCILMEMBER BASS ASKED COUNCILMEMBER MCDOUGAL IF SHE WAS JUST
TALKING ABOUT GROVE PARK.
COUNCILMEMBER MCDOUGAL RESPONDED NO, SHE WAS TALKING ABOUT
EVERYWHERE THERE WAS A SPEED LIMIT SIGN.
AFTER DISCUSSION, MOTION BY COUNCILMEMBER MCDOUGAL, SECONDED BY
COUNCILMEMBER ROBINSON TO APPROVE A RESOLUTION TO REDUCE THE
SPEED LIMIT FROM 35 MPH TO 20 MPH IN GROVE PARK SUBDIVISION.
MOTION UNANIMOUSLY APPROVED. (ATTACHMENT #9)
ANNEXATION AND ECONOMIC DEVELOPMENT
MAYOR OUDEH SUGGESTED THE NEXT TWO ITEMS, ANNEXATION AND ECONOMIC
DEVELOPMENT BE DELAYED BECAUSE OF THE TIME, AND SO COUNCIL WOULD
HAVE TIME TO STUDY THESE TWO ITEMS.
MAYOR OUDEH APPOINTED COUNCILMEMBER BASS AND COUNCILMEMBER
ROBINSON TO A COMMITTEE TO STUDY ANNEXATION AND ECONOMIC
DEVELOPMENT PRIOR TO THE FEBRUARY MEETING.
INFORMATION
CITY MANAGER DEAN STATED THAT DEPARTMENT REPORTS WERE INCLUDED IN
AGENDA PACKETS FOR COUNCIL REVIEW.
MAYOR OUDEH ASKED IF THERE WERE ANY COMMENTS FROM THE CITY
COUNCIL.
CITY ATTORNEY GODWIN INFORMED COUNCIL THAT THE LAWSUIT INVOLVING
AMANDA MALVEAUX AGAINST THE CITY HAS BEEN DISMISSED, WITH A
POSSIBILITY OF AN APPEAL.
WITH NO FURTHER DISCUSSION, THE FOLLOWING BURIAL RIGHTS WERE
EXECUTED:
1. MS. HELEN BLUE & HEIRS, LOT 59, BLOCK 2, SPACE (S)1 - 8, IN
RESTHAVEN CEMETERY.
2. MR. JAMES DALTON POPE & HIS HEIRS, LOT 19, BLOCK AA, SPACES)
1 - 4 , IN MEMORIAL CEMETERY.
3. MS. MARTHA WEST & HER HEIRS, LOT 3, BLOCK X, SPACES) 3, 4, 7
& 8 IN GREENWOOD CEMETERY.
4. MS. MABLE BLUE SMITH & HER HEIRS, LOT 22, BLOCK 4, SPACES) 3
& 4, IN RESTHAVEN CEMETERY.
S. MS. SANDRA B. MCLEAN & HER HEIRS, LOT 16, BLOCK 6, SPACE (S) 1
& 2, IN RESTHAVEN CEMETERY.
6. MS. EDNA PEACOCK & HER HEIRS, LOT 28, BLOCK 2, SPACE(S) 6, IN
RESTHAVEN CEMETERY.
7. MR. WILLIE WRIGHT & HIS HEIRS, LOT 48, BLOCK 2, SPACE(S) 1 &
2, IN PESTHAVEN CEMETERY.
MAYOR OUDEH ADJOURNED THE MEETING AT 9:15 P.M.
EST
JOEVALLEY, CMC
CITY CLERK
RAHAM�O
MAYO
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