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01182000CITY OF DUNK DUNN, NORTH CAROLINA MINUTES THE CITY COUNCIL OF THE CITY OF D7NN HELD A SPECIAL CALL MEETING ON TUESDAY, JANUARY 18, 2000 AT 6:00 P.M. IN THE DDNN MUNICIPAL BIIILDING. PRESENT WAS MAYOR ABRAHAM OUDEH, MAYOR PRO -TEM MIKE WOMBLE, AND COUNCILMEMBERS TOBY SUMMER, 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, AND BIIILDING INSPECTOR RICKY PARSON. GEORGE ROBINSON ARRIVED AT 6:20 P.M. INVOCATION MAYOR OUDEH OPENED THE MEETING AT 6:00 P.M. AND ASKED COUNCILMEMBER TART TO GIVE TEE INVOCATION. AFTERWARD, THE PLEDGE OF ALLEGIANCE WAS REPEATED. DUNN THOROUGHFARE PLAN PUBLIC HEARING MAYOR OUDEH STATED THAT ALENA COOK, WITH THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION WAS UNABLE TO ATTEND THE MEETING THIS EVENING DUE TO BAD WEATHER; HOWEVER, HE YIELDED TO CITY MANAGER DEAN TO PRESENT AN OVERVIEW OF THE DUNN THOROUGHFARE PLAN TO COUNCIL. CITY MANAGER DEAN STATED THAT THE DUNN THOROUGHFARE PLAN WAS A PROJECT WHICH HAS BEEN DISCUSSED BY THE PREVIOUS ADMINISTRATION AS WELL AS THE CURRENT ADMINISTRATION. HE ADDED THAT IT IS A LONG RANGE DOCUMENT THAT IS REQUIRED BY STATE LAW. HE FURTHER STATED THAT THE THOROUGHFARE PLAN WAS DESIGNED IN CONJUNCTION WITH THE TOWN OF ERWIN, WHO ADOPTED THE PLAN IN OCTOBER. CITY MANAGER DEAN REVIEWED THE PRELIMINARY MAPS WITH COUNCIL. HE STATED THAT THE DOCUMENT IS REQUIRED IN ORDER FOR THE CITY TO REQUEST PROJECTS FOR FUNDING HE ALSO STATED THAT MS. COOK HAS BEEN WORKING WITH PLANNING BOARDS IN DUNN AND ERWIN DURING THE PAST TWO YEARS TO DEVELOP THE DOCUMENT, WHICH WAS LAST UPDATED AND ADOPTED IN 1977. HE ADDED THAT BOTTOM LINE WAS THAT THIS WAS A LONG RANGE PLAN. MAYOR OUDEH ASKED IF THERE WERE ANY QUESTIONS OR COMMENTS FROM THE PUBLIC OR COUNCIL. COUNCILMEMBER PAUL BASS ASKED IF THE DEPARTMENT OF TRANSPORTATION WAS GOING TO CHANGE SOME OF THE STREETS IN DUNN TO ONE -WAY STREETS OR IS THAT ALSO JUST A PLAN. CITY MANAGER DEAN RESPONDED THAT THE DEPARTMENT OF TRANSPORTATION WAS PROPOSING ONE -WAY STREETS, ESPECIALLY ON CUMBERLAND AND BROAD STREETS; HOWEVER, IT WOULD BE COUNCIL'S DECISION ON WHETHER OR NOT TO CHANGE THESE STREETS TO ONE -WAY TRAFFIC BECAUSE THESE STREETS ARE CONTROLLED BY THE CITY. MOTION BY MAYOR PRO -TEM WOMBLE, SECONDED BY COUNCILMEMBER BASS TO APPROVE THE RESOLUTION TO ADOPT THE DUNN THOROUGHFARE PLAN. WITH NO FURTHER DISCUSSION, MOTION UNANIMOUSLY APPROVED.(ATTACHMENT #1) MAYOR OUDEH ASKED CITY CLERK JOYCE VALLEY TO READ A LETTER SUBMITTED BY HIMSELF AND STATED THAT HE WOULD LEAVE IT UP TO THE CITY COUNCIL TO DECIDE WHETHER OR NOT TO GO INTO CLOSED OR OPEN SESSION. (ATTACHMENT #2) AFTER CITY CLERK JOYCE VALLEY_ READ MAYOR OUDEH'S LETTER, A MOTION WAS MADE BY COUNCILMEMBER MCDOUGAL TO TERMINATE CITY MANAGER CARL DEAN AND CITY ATTORNEY BILLY GODWIN BASED ON THE LETTER. 485 C MAYOR PRO -TEM WOMBLE STATED THAT HE WOULD LIKE TO HAVE A COPY OF THE LETTER SUBMITTED BY MAYOR CUDEH. HE ADDED THAT HE WOULD LIKE TO MAKE HIS POSITION WITH THAT LETTER PERFECTLY CLEAR. HE STATED THAT THERE ARE SEVERAL THINGS IN THAT LETTER WHICH ARE NOT FACTUALLY CORRECT. MAYOR PRO -TEM WOMBLE STATED THAT FIRST OF ALL, THE STATEMENT CONCERNING COUNCIL APPOINTMENTS WAS INCORRECT. HE SAID THAT MR. DEAN WAS STATED AT THE PREVIOUS MEETING AND IN ADVANCE OF THE MEETING THAT THE LIST OF PROPOSED OF APPOINTMENTS WHICH WERE GIVEN TO COUNCIL TO USE AS A WORKING LIST TO HELP COUNCIL DECIDE ' ON APPOINTMENTS. MAYOR OUDEH RESPONDED THAT THIS WAS A CITY COUNCIL DECISION. MAYOR PRO -TEM WOMBLE TOLD MAYCR OUDEH THAT HE WAS EXACTLY RIGHT AND THAT WAS EXACTLY WHAT P_' WAS, ADDING THAT MR. DEAN WAS THINKING THAT HE WAS PROVIDING COUNCIL WITH A DOCUMENT WHICH WOULD ASSIST COUNCIL IN THEIR DECISION MAKING. MAYOR OUDEH RESPONDED THAT COUNCIL COULD HAVE THEIR OWN DOCUMENT, THEY DID NOT NEED ANYONE PREPARING A DOCUMENT. MAYOR PRO -TEM WOMBLE STATED THAT HE WAS A MEMBER OF CITY COUNCIL AND HE HAS ABSOLUTELY ZERO PROBLEMS WITH WHAT MR. DEAN DID TO ASSIST COUNCIL IN THAT DECISION. COUNCILMEMBER TART READ A MEMORANDUM FROM CITY MANAGER DEAN DATED JANUARY 6, 2000 WHICH STATED THAT "IN REFERENCE TO THE COMMITTEE APPOINTMENTS, I HAVE ATTACHED PROPOSED APPOINTMENTS FOR YOUR CONSIDERATION. THESE CAN BE CHANGED AS YOU WISH, BUT IT DOES GIVE YOU A BEGINNING POINT FOR DISCUSSION." COUNCILMEMBER TART STATED THAT IN HIS MIND, THE CITY MANAGER WAS DOING HIS JOB, TO GIVE INFORMATION TO COUNCIL WHICH IS WHAT HIS JOB IS. MAYOR OUDEH STATED THAT CITY MANAGER DEAN COULD MEET WITH HIM AHEAD OF TIME AND TALK WITH EZEM ABOUT THE APPOINTMENTS; HE MET l WITH MIKE WOMBLE AND HE KNOWS ABOUT THE APPOINTMENTS. HE ADDED `�✓ THAT IF HE WANTS TO MEET WIT- -i EVERYBODY, HE IS ALLOWED TO DO THAT. MAYOR PRO -TEM WOMBLE STATED THAT HE MADE AN EFFORT TO CALL THE CITY MANAGER IN ADVANCE OF THE MEETING SO THAT HE COULD BE INFORMED ABOUT EVERY ITEM ON THE AGENDA. MAYOR OUDEH STATED THAT CITY MANAGER DEAN COULD DO THE SAME THING FOR THE MAYOR. MAYOR PRO -TEM WOMBLE STATED THAT HE MADE THE CALL, AND MAYOR OUDEH COULD MAKE THE CALL AS WELL. MAYOR OUDEH STATED THAT CITY MANAGER DEAN COULD MAKE THE CALL. MAYOR PRO -TEM WOMBLE STATED THAT HE PREFERS THIS DISCUSSION TO BE IN OPEN SESSION, JUST AS IT IS. CITY ATTORNEY GODWIN STATED THAT WITH REGARD TO THE CITY ATTORNEY, THE CITY ATTORNEY POSITION CANNOT BE DISCUSSED IN CLOSED SESSION BECAUSE HE IS NOT AN EMPLOYEE; HE IS A CONTRACT EMPLOYEE AND UNDER THE OPEN MEETINGS LAW, ANYTHING DISCUSSED ABOUT HIM MUST BE DONE IN OPEN SESSION. HE ADDED THAT HE HAD FURTHER ITEMS HE WOULD LIKE TO ADDRESS AFTER COUNCIL ENDS THEIR DISCUSSION. MAYOR PRO -TEM WOMBLE STATED THAT HE DOES NOT HAVE ANYTHING HE NEEDED TO ADDRESS IN CLOSED SESSION AND THAT HE WOULD BE HAPPY TO DISCUSS ANYTHING HE HAS TO SAY IN OPEN SESSION. MOTION BY COUNCILMEMBER MCDOUGAL TO TERMINATE THE CITY MANAGER AND THE CITY ATTORNEY, BASED ON THE LETTER SUBMITTED BY MAYOR OUDEH. MOTION DIED FOR LACK OF A SECOND. 487 MAYOR PRO -TEM WOMBLE STATED THAT WHEN COUNCIL WENT INTO CLOSED SESSION ON JANUARY 6, 2000, COUNCIL DID NOT GO INTO THE CLOSED SESSION TO BETTER DISCUSS TEE ISSUE OF CITY MANAGER. HE ADDED THAT HE WENT INTO CLOSED SESSION FOR THE SHEAR CURIOSITY OF WHAT WOULD BE DISCUSSED. HE STATED THAT IN REGARD TO TAKING THE MINUTES OR RECORDING THE CONVERSATION DURING THE CLOSED SESSION. HE FURTHER STATED THAT HE DID NOT CARE IF COUNCIL VOTED TONIGHT TO MAKE THE TAPE PUBLIC BECAUSE HE DID NOT SAY ANYTHING THAT HE WAS ASHAMED OF DURING THE MEETING. MAYOR PRO -TEM WOMBLE STATED THAT WHEN COUNCIL WENT INTO THAT MEETING, IT WAS DISCUSSED BY SEVERAL OF THE COUNCILMEMBERS, THE CITY ATTORNEY BILLY GODWIN AND CITY CLERK JOYCE VALLEY THAT THE MINUTES COULD EITHER BE TAKEN BY SOMEONE OR RECORDED. HE FURTHER STATED THAT HIS RESPONSE WAS THAT HE WAS NOT GOING TO TAKE THE MINUTES AND NO ONE ELSE VOLUNTEERED SO MR. GODWIN AND MRS. VALLEY ADVISED COUNCIL TO AUDIO RECORD THE CLOSED SESSION. MAYOR PRO - TEM WOMBLE STATED THAT IT WAS NOT SAID TO ANYONE, AND HE WAS PRESENT FOR THE ENTIRE MEETING, THAT THE LAW REQUIRED ONLY AN AUDIO RECORDING AND COUNCIL WAS GIVEN A CHOICE. COUNCILMEMBER MCDOUGAL STATED THAT COUNCIL WAS NOT GIVEN A CHOICE OF WHETHER TO AUDIO RECORD OR WRITE THE MINUTES. MAYOR PRO -TEM WOMBLE RESPONDED THAT COUNCIL WAS GIVEN THE CHOICE; HE WAS THERE AND HE HEARD ^ -HE CONVERSATION. HE ADDED THAT HE WOULD STAND BY WHAT HE HAS SAID AND AGAIN, TO HIM THE POINT IS IRRELEVENT BECAUSE HE WOULD MAKE THE TAPE PUBLIC TONIGHT. COUNCILMEMBER MCDOUGAL STATED THAT SHE TALKED WITH MRS. VALLEY ON FRIDAY AFTERNOON AND ASKED HER WHERE WAS THE TAPE AND MRS. VALLEY TOLD HER THAT SHE WOULD NEED TO SEE MR. DEAN. CITY CLERK JOYCE VALLEY RESPONDED THAT COUNCILMEMBER MCDOUGAL ASKED FOR A COPY OF THE TAPE. COUNCILMEMBER MCDOUGAL STATED THAT IF THE MEETING WAS CLOSED, MRS. VALLEY SHOULD HAVE TOLD HER THAT THE TAPE WAS SEALED. SHE ADDED THAT THE OPEN MEETINGS LAW BOOK STATES THAT COUNCIL DOES NOT HAVE TO TAPE A CLOSED SESSION UNLESS COUNCIL IS MAKING A MOTION. CITY ATTORNEY GODWIN RESPONDED THAT THE LAW DOES NOT SAY THAT MINUTES ARE NOT REQUIRED UNLESS COUNCIL IS MAKING MOTION. COUNCILMEMBER MCDOUGAL STATED THAT CITY ATTORNEY GODWIN WAS PLAYING WITH WORDS AND SHE HAD TALKED WITH DAVID LAWRENCE, WHO WROTE THE OPEN MEETINGS LAW BOOK. CITY ATTORNEY GODWIN STATED THAT HE HAD TALKED WITH MR. LAWRENCE AS WELL AND HE HAD PROVIDED COUNCIL WITH A WRITTEN MEMORANDUM CONCERNING WHAT THE LAW IS ON CLOSED SESSIONS. HE CITED A PARAGRAPH FROM HIS MEMORANDUM WHICH WAS DATED JANUARY 12, 2000 AND STATED THAT IT IS CRYSTAL CLEAR AS TO WHAT THE LAW SAYS, WHICH IS THAT MINUTES MUST BE KEPT IN CLOSED SESSION AND THE LAW DOES NOT SAY ANYTHING ABOUT WHETHER ACTION IS TAKEN OR A MOTION IS MADE. HE ADDED THAT THE DISCREPANCY IS HOW DETAILED THE MINUTES MUST BE WHICH IS CONFUSING TO EVERYONE. COUNCILMEMBER MCDOUGAL STATED THAT IT WAS THE WAY CITY ATTORNEY GODWIN WAS INTERPRETING THE LAW. CITY ATTORNEY GODWIN RESPONDED NO, THE LAW CLEARLY STATES THAT MINUTES MUST BE TAKEN DURING- CLOSED SESSION AND THERE IS NOTHING TO INTERPRET. HE SAID THAT HE WOULD LIKE TO TAKE ISSUE WITH TWO ITEMS IN THE LETTER. HE STATED THAT FIRST OF ALL, HE DID NOT INSIST ON ATTENDING THE CLOSED SESSION, THAT STATEMENT WAS ABSOLUTELY FALSE BECAUSE HE WENT INTO THE MEETING AND IT QUICKLY BECAME APPARENT TO HIM THAT HE WAS NOT TO BE THERE SO HE EXCUSED HIMSELF AND LEFT THE MEETING. HE ADDED THAT HE DID NOT KNOW WHERE THAT STATEMENT CAME FROM. i r CITY ATTORNEY GODWIN ADDED THAT" SECONDLY, HE DID NOT INSIST THAT THE AUDIO TAPING BE THE ONLY WAY TO RECORD THAT MEETING, IN FACT, NO ONE SPECIFICALLY ASKED HIM AND THE TAPE RECORDER WAS TAKEN INTO THE MEETING BECAUSE THAT WAS THE WAY IT HAD TRADITIONALLY BEEN DONE IN THE PAST AND NO ONE ASKED IF A TAPE HAD TO BE MADE. HE ADDED THAT IF SOMEONE BAD ASKED HIM THAT QUESTION, HE WOULD HAVE SAID NO, THERE ARE THREE CHOICES: VIDEO TAPE, AUDIO TAPE, OR A COUNCILMEMBER CAN BE DESIGNATED TO TAKE NOTES WHICH WAS WHAT MAYOR PRO -TEM WOMBLE WAS REFERRING TO BECAUSE MR. WOMBLE HAD COMMENTED THAT HE DID NOT WANT TO TAKE NOTES WHICH ONLY LEAVES ONE OPTION, TO RECORD AN AUDIC OF THE MEETING WHICH IS WHAT THE LAW STATES. MAYOR PRO -TEM WOMBLE STATED THAT ALL OF THIS HAS GONE ON LONGER THAN IT SHOULD HAVE AND THE COMMUNITY HAS GREAT CONCERN WITH WHAT APPEARS TO BE GOING ON WITH THE CITY COUNCIL. HE ADDED THAT HE HAS NO PROBLEM WITH THE WAY THE MINUTES WERE TAKEN AND WOULD HAVE NO OBJECTION WITH MAKING THE TAPE PUBLIC AND ENDING THE ARGUMENT, BUT HE DOES NOT WANT TO JEAPARDIZE THE CONFIDENCE OF CITY COUNCIL MEMBERS BY DISCLOSING WHAT WAS SAID DURING A CLOSED SESSION, SO HE WEIGHS THE LARGER OF THE TWO ISSUES AND REACHING HAPPY MEDIUM WOULD BE IF THE MAYOR WOULD WANT TO DESIGNATE SOMEONE TO REDUCE THE TAPE TO A GENERAL ACCOUNT OF THE MEETING AND DESTROY THE TAPE. MAYOR OUDEH STATED THAT HE HAD FROM THE JANUARY 6, 2000 CLOSED DECISION ON APPROVAL OF THEN.. PREPARED MINTUTES TO COUNCIL. TAKEN THE TIME TO WRITE MINUTES SESSION AND COUNCIL COULD MAKE A HE DISTRIBUTED A COPY OF HIS CITY ATTORNEY GODWIN POINTED CUT THAT WHAT WAS DISCUSSED DURING THE CLOSED SESSION WAS PERSONNEL MATTERS, WHICH IS GENERALLY DONE IN CLOSED SESSION AND THAT IN ORDER TO DISCUSS WHAT HAPPENED IN CLOSED SESSION, BY LAW THE COUNCIL WOULD NEED TO DETERMINE IF IT WAS IN THE PUBLIC'S BEST INTEREST TO APPROVE THESE MINUTES IN OPEN SESSION; OTHERWISE, COUNCIL IS TREADING ON THIN ICE UNDER THE STATE PERSONNEL STATUTE. MAYOR OUDEH STATED THAT THE B =GGEST PROBLEM FACED WAS THAT WHEN HE AND COUNCILMEMBER MCDOUGAL TALKED TO RALEIGH, THEY WERE TOLD THE COMPLETE OPPOSITE CONCERNING THE LEGALITIES OF TAPING THE CLOSED SESSION AND THEY DO NOT KNOW WHO IS RIGHT OR WRONG. COUNCILMEMBER MCDOUGAL STATED THAT THE MAN (DAVID LAWRENCE) WROTE THE BOOK, HE (MR. LAWRENCE) OUGHT TO KNOW. CITY ATTORNEY GODWIN RESPONDEL THAT PERHAPS COUNCIL SHOULD HIRE DAVID LAWRENCE AS THE CITY ATTORNEY BECAUSE HE RESENTS THE FACT THAT ANYONE WAS CALLED BEFORE COMING TO HIM, WHICH IS WHAT HE IS PAID FOR. HE ADDED THAT IF THERE IS A QUESTION ABOUT THE WAY SOMETHING IS DONE, BEFORE GOING OUT AND GETTING SECOND AND THIRD OPINIONS, HE WOULD APPRECIATE THE RESPECT OF SOMEONE CALLING HIM. HE READ: 143- 318(13) EVERY PUBLIC BODY SHALL KEEP FULL AND ACCURATE MINUTES OF ALL MEETINGS, INCLUDING CLOSED SESSIONS AND ASKED WHAT WAS CONFUSING ABOUT THAT LAW. MAYOR PRO -TEM WOMBLE RESPONDED THAT THE LAW WAS VERY CLEAR. COUNCILMEMBER MCDOUGAL ASKED CITY CLERK JOYCE VALLEY TO GET THE OPEN MEETINGS LAW BOOK AND FIND THE STATEMENT READ BY CITY ATTORNEY GODWIN IN THE BOOK. CITY ATTORNEY GODWIN RESPONDED THAT HE DID NOT CARE WHAT WAS STATED IN THE BOOK, HE WAS READING FROM THE NORTH CAROLINA GENERAL STATUTES. COUNCILMEMBER PAUL BASS STATED THAT IT WAS TIME TO MOVE ON TO THE MEETING AND COUNCIL CAME TO THE MEETING TONIGHT TO DISCUSS WHAT WAS SAID IN LAST MONTH'S CLOSED SESSION IN ANOTHER CLOSED SESSION. HE ADDED THAT COUNCIL NEEDS TO START TAKING CARE OF CITY BUSINESS BECAUSE THAT IS WHY THEY WERE ELECTED. mm COUNCILMEMBER TART AGREED WITH COUNCILMEMBER BASS. HE STATED THAT COUNCIL MUST GET ON W =TH BUSINESS AND HE HAD WORKED WITH PEOPLE IN THE PAST WHO HE DID NOT NECESSARILY AGREE WITH AND MAYBE NOT EVEN LIKED; HOWEVER, THERE ARE MEMBERS OF COUNCIL WHO WANT TO GET RID OF SOMEONE BECAUSE THEY DO NOT LIKE THEM. HE ADDED THAT COUNCIL CAME TO THE MEETING TONIGHT TO DECIDE WHETHER OR NOT THE CITY MANAGER SHCULD REMAIN EMPLOYED BY THE CITY AND COUNCIL SHOULD VOTE ON THAT ISSUE. COUNCILMEMBER TART STATED THAT HE COULD NOT AGREE TO THE MINUTES PREPARED BY MAYOR OUDEH BECAJSE THE MINUTES ARE NOT ACCURATE. HE ADDED THAT THERE ARE PARTS OF THE MINUTES WHICH STATE "THEY ", I "WE ", "THE CITY COUNCIL" AND HE DOES NOT NECESSARY AGREE WITH THE - STATEMENTS. HE STATED THAT THE MINUTES CAN BE VERY GENERIC, NOT DETAILED AND HE HAS READ THE REQUIREMENTS OF THE STATUTE. HE FURTHER STATED THAT HE ALSO AGREES WITH MAYOR PRO -TEM WOMBLE AND IS NOT OPPOSED TO RELEASING THE TAPE WHICH.MAY JEAPORDIZE CLOSED SESSIONS, WHICH HE DOES NOT WANT TO DO; HOWEVER, COUNCIL MUST GET ON WITH BUSINESS. ' COUNCILMEMBER MCDOUGAL TOLD COUNCIL THAT IN ORDER FOR THEM TO WORK TOGETHER, COUNCIL MUST WORK WITH THE MAYOR, CITY MANAGER AND CITY ATTORNEY; THEY MUST WORT{ WITH HIM AND NOT AGAINST HIM. CITY ATTORNEY GODWIN STATED THAT HE RESENTED THAT COMMENT. MAYOR OUDEH CALLED FOR ORDER AND ADDED THAT IF THERE WAS A MOTION, COUNCIL SHOULD MOVE FORWARD IN VOTING. MOTION BY MAYOR PRO -TEM WOMBLE, SECONDED BY COUNCILMEMBER TART TO RETAIN CARL DEAN AS THE CITY MANAGER. COUNCILMEMBER ROBINSON STATED THAT HE CAME INTO THE MEETING LATE; HOWEVER, IT WAS HIS UNDERSTANDING THAT COUNCIL CAME HERE TONIGHT TO DISCUSS THE CLOSED SESSION AND THE THOROUGHFARE PLAN. HE ADDED THAT HE WAS UNAWARE OF WHAT IS GOING ON, BUT HAS NO SECRETS. HE STATED THAT HE WOULD VOTE TO RETAIN THE CITY MANAGER AND PERHAPS THE CITY MANAGER AND THE MAYOR COULD WORK THINGS OUT. HE ADDED THAT COUNCIL NEEDS TO GO TO WORK FOR THE CITIZENS. COUNCILMEMBER SUMNER STATED THAT HE WOULD NOT WANT THE NOTES PREPARED OF THE JANUARY 6, 2000 CLOSED MEETING MADE PUBLIC IN ORDER TO KEEP THE INTEGRITY OF THE CITY COUNCIL. HE ADDED THAT MEMBERS OF COUNCIL WENT INTO CLOSED SESSION IN GOOD FAITH. CITY ATTORNEY GODWIN STATED THAT THERE WAS STILL THE ISSUE OF MINUTES TO BE WRITTEN AND APPROVED; HOWEVER, IT IS NOT REQUIRED THAT THIS TAKE PLACE IN TONIGHT'S MEETING. COUNCILMEMBER TART STATED THAT THE MINUTES OF CLOSED SESSIONS COULD BE GENERIC; COUNCIL VOTED TO GO INTO CLOSED SESSION AT THE JANUARY 6, 2000 REGULAR MEETING AND IT WAS DECIDED TO MEET TONIGHT TO VOTE ON WHETHER OR NOT TO RETAIN THE CITY MANAGER. HE ADDED THAT THIS STATEMENT WAS THE MINUTES OF THE CLOSED SESSION AND IF SOMETHING IS PUT IN WRITING TO THAT EFFECT, THE TAPE CAN BE DESTROYED. MAYOR OUDEH STATED THAT ACCORDING TO THE CITY ATTORNEY, MINUTES MUST BE KEPT AND THE TAPE COULD NOT BE DESTROYED. CITY ATTORNEY GODWIN STATED THAT COUNCILMEMBER TART WAS SUGGESTING THAT THE TAPE BE REDUCED TO WRITING AND THEN BE DESTROYED. CITY MANAGER DEAN STATED THAT THIS WAS SO UNIQUE OF ANYTHING HE HAS BEEN INVOLVED WITH IN HIS TWENTY YEARS OF SERVICE IN LOCAL GOVERNMENT. HE FURTHER STATED THAT HE DOES NOT KNOW HOW TO ADDRESS SOME OF THE ISSUES PRESENTED TONIGHT AND IN HIS EXPERIENCE, HE HAS ALWAYS WORKED WITH A WIDE RANGE OF PEOPLE. HE SAID THAT HIS JOB, AS HE HAS TRIED TO EXPLAIN TO EACH MEMBER OF COUNCIL, IS TO DO WHAT COUNCIL WISHES AND TO KEEP COUNCIL INFORMED; HOWEVER, HE IS NOT ONE WHO WILL BADGER OR PESTER MEMBERS OF COUNCIL. 490 CITY MANAGER DEAN STATED THAT THE ISSUES PRESENTED TONIGHT WERE HIS FEARS FROM THE BEGINNING. HE FURTHER STATED THAT THE INITIAL CITY COUNCIL MEETING DID NOT GO AS SMOOTHLY AS HE HAD HOPED BECAUSE HE WAS UNAWARE OF WHAT WAS GOING TO TAKE PLACE HIMSELF. HE ADDED THAT HE KNOWS MAYOR OUDEH' S MEDICAL PRACTICE KEEPS HIM EXTREMELY BUSY BUT HE DOES TRY TO MAKE HIMSELF AVAILABLE TO THE MAYOR ON THE MAYOR'S SCHEDULE. HE STATED THAT HE MET WITH THE MAYOR TODAY ON SHORT NOTICE; HOWEVER, HE TRIES TO MAKE HIMSELF AVAILABLE TO THE MAYOR. HE FURTHER STATED THAT HE WOULD LIKE FOR THE MEETINGS TO RUN JUST AS SMOOTHLY AS POSSIBLE AND COUNCIL IS GIVEN ALL OF THE INFORMATION TO MAKE THEIR DECISIONS ON MAKING POLICY. CITY MANAGER DEAN STATED THAT HE HAS PREPARED A LIST OF PROPOSED APPOINTMENTS FOR FORMER MAYORS, OSCAR HARRIS AND ABE ELMORE DURING THEIR TERMS OF OFFICE, AND WAS PLANNING TO DO THE SAME FOR MAYOR OUDEH. HE ADDED THAT AFTER DISCUSSIONS WITH MOST OF THE COUNCILMEMBERS, HE TRIED TO PUT EACH COUNCILMEMBER WHERE HE THOUGHT EACH WOULD BE A GOOD FIT. HE ADDED THAT THE ONLY REASON THE LIST WAS DONE WAS TO GIVE THE MAYOR SOME SUGGESTIONS SO THE MAYOR COULD MAKE A LIST OF HIS OWN TO BEGIN DISCUSSIONS WITH MEMBERS OF COUNCIL CONCERNING THE APPOINTMENTS EACH WOULD LIKE TO BE INVOLVED WITH. CITY MANAGER DEAN STATED THAT IT WOULD NEVER BE HIS ATTEMPT TO TRY TO USURP WHAT COUNCIL IS TRYING TO DO. HE FURTHER STATED THAT HE MUST UNDERSTAND WHAT COUNCIL WANTS OF HIM IN ORDER FOR HIM TO DO HIS JOB. HE ADDED THAT HE WAS AVAILABLE FOR COUNCIL TO CONTACT HIM IF THEY DO NOT UNDERSTAND SOMETHING OR NEED FURTHER INFORMATION AND IF HE DOES NOT HEAR FROM MEMBERS OF COUNCIL, HE WILL MAKE THE ASSUMPTION THAT COUNCIL IS AWARE OF WHAT IS GOING ON WITHIN THE CITY. CITY MANAGER DEAN STATED THAT FROM HIS STANDPOINT THIS HAS GONE ON WAY TO LONG, AT LEAST SIX OR SEVEN MONTHS, AND HAS IMPACTED THE CITY AND HIM PERSONALLY. HE ADDED THAT HE NEEDS TO KNOW WHAT ( HE NEEDS TO DO AND IF HE CANNOT DO IT, COUNCIL NEEDS TO MAKE THAT CHANGE. HE SAID THAT HE WILL BE ABLE TO WORK WITH ANYBODY AT THE TABLE OR IN THE AUDIENCE AND IF HE DOES NOT HEAR FROM ANYONE, HE WILL CONTINUE TO DO WHAT HE HAS BEEN DOING AND IF SOMETHING GOES WRONG HE WILL GET WHAT JUST HAPPENED WITH THE APPOINTMENTS. HE ADDED THAT THIS WILL HAPPEN OVER AND OVER AGAIN UNTIL SOMEONE TELLS HIM WHAT IS EXPECTED OF HIM. CITY" MANAGER DEAN STATED THAT HE AND MAYOR OUDEH HAVE DISCUSSED ISSUES WITH COMMUNICATION AND THOUGHT THEY HAD THAT TAKEN CARE OF. HE TOLD COUNCIL THAT THEY WERE ELECTED TO SET POLICY AND THAT WAS WHAT HE WANTS THEM TO DO WITH THE BEST INFORMATION HE CAN MAKE AVAILABLE TO THEM, BUT THE CITY IS GETTING TO A POINT RIGHT NOW WHERE IT IS SITTING AT A STANDSTILL BECAUSE THERE IS ONE CRISIS AFTER ANOTHER AND IT IS TIME FOR IT TO STOP, ONE WAY OR ANOTHER. HE ADDED THAT HE HAS NEVER DONE THIS KIND OF TALK IN A PUBLIC SESSION BEFORE BUT IT HAD TO BE DONE AT SOME POINT IN TIME ,BECAUSE THERE ARE TOO MAW- WHICH NEED TO GO FORWARD AND A LOT OF WORK WHICH NEEDS TO BE DONE THAT HAS NOT BEEN DONE PRIMARILY BECAUSE OF THESE SAME REASONS. MAYOR OUDEH STATED THAT WITH RESPECT TO WHAT MR. DEAN SAID, HE HAD MET WITH MEMBERS OF THE CITY COUNCIL AND ASKED WHAT COMMITTEES THEY WISHED TO SERVE ON. HE ADDED THAT MAYBE CITY MANAGER DEAN DOE NOT MEAN TO INTERFERE WITH COUNCIL'S BUSINESS BUT THE LACK OF COMMUNICATION IS THERE. HE STATED THAT THE COUNCIL MUST MOVE ON BECAUSE THE CITIZENS ARE WAITING FOR THEM TO DO SOMETHING, OTHERWISE, EVERYONE OF THEM WOULD BE OUT (OF OFFICE). MAYOR PRO -TEM WOMBLE STATED THAT HE HAD A MOTION ON THE FLOOR TO RETAIN THE CITY MANAGER AND HE THINKS THAT THIS RESOLUTION OF SUPPORT FOR MR. DEAN HAS BEEN DEMANDED FROM THE COMMUNITY, WHICH IS SOMETHING THAT MUST BE DONE SO COUNCIL CAN MOVE ON AND DEAL WITH THE THINGS IMPORTANT TO THEM. HE ADDED THAT THE BICKERING AND REHASHING THINGS FROM MEET =NG TO MEETING MUST STOP. 491 COUNCILMEMBER ROBINSON STATED THAT HE THOUGHT A MOTION NEEDED TO BE MADE ON MR. GODWIN AND MR. DEAN. HE ADDED THAT COUNCIL NEEDS TO GET ON WITH THEIR JOB AND A CITY ATTORNEY AND CITY MANAGER IS NEEDED. HE STATED THAT HE DID NOT WANT TO COME TO A COUNCIL MEETING TO HEAR A LOT OF BICKERING. COUNCILMEMBER BASS STATED THAT HE DID NOT THINK THAT A MOTION NEEDED TO BE MADE TO KEEP CITY ATTORNEY GODWIN BECAUSE MR. GODWIN WAS APPOINTED CITY ATTORNEY AT THE LAST MEETING. CITY ATTORNEY GODWIN CLARIFIED THE MOTION FOR THE RECORD. HE STATED THAT A MOTION WAS MADE BY MAYOR- PRO -TEM WOMBLE, SECONDED BY COUNCILMEMBER TART TO RETAIN CITY MANAGER DEAN AND AMENDED BY COUNCILMEMBER. ROBINSON TO ADD RETENTION OF BILLY GODWIN AS CITY ATTORNEY. MAYOR PRO -TEM WOMBLE STATED THAT HE WOULD ACCEPT AN AMENDMENT TO HIS MOTION TO ADD CITY ATTORNEY GODWIN. MOTION CARRIED 5 -1. AYES: WOMBLE TART ROBINSON SUMNER BASS NOES: MCDOUGAL MAYOR OUDEH ADJOURNED THE MEETING AT 6:35 P.M. ATTEST: n J YC H. ALLEY, CM TY CLERK 0 RA ry S AG v °ts ttttti is u sssss� 1