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.
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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.
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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:
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