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October 14_ 2008 Meeting - TOWN OF SELMA

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October 14_ 2008 Meeting - TOWN OF SELMA Powered By Docstoc
					                                               TOWN OF SELMA
                                          REGULAR COUNCIL MEETING
                                              OCTOBER 14, 2008


PRESENT:                       Mayor Charles Hester, Mayor Pro-tem Jackie Lacy, Councilmembers Debbie Johnson,
                               Cheryl Oliver and Eric Sellers, Town Attorney Alan “Chip” Hewett, Interim Town
                               Manager C.L. Gobble, and Town Clerk Fran Davis.

CONVOCATION:                   Mayor Hester called the meeting to order at 7:00 p.m. in the Selma Jernigan Building
                               and declared a quorum present.

PLEDGE TO THE FLAG:            Mayor Hester led in a silent prayer and then the pledge of allegiance to the flag.

CONSENT AGENDA:                The following items were presented on the consent agenda:

                                                                    Minutes
                                                    Special Council Meeting, August 18, 2008
                                                    Special Council Meeting, August 26, 2008
                                                    Special Council Meeting, August 27, 2008
                                                   Regular Council Meeting September 9, 2008
                                                   Special Council Meeting, September 15, 2008

                               A motion was made by Councilmember Cheryl Oliver and seconded by
                               Councilmember Eric Sellers to approve the consent agenda as presented. Motion
                               carried.

                               Mayor Hester thanked C.L. Gobble for his tenure as Interim Town Manager for past
                               six months. He said October 15th would be Mr. Gobble‟s last working day.

TOWN MANAGER’S                 Town Manager Gobble stated that at September 2008 meeting, Council discussed
REPORT AND                     three vacancies on the Marketing Committee. He stated that these vacancies were the
RECOMMENDATIONS –              result of Pat Weaver, owner of AntiqueWish, and Marcel Jackson, with Axar
 Appointments to Marketing
 Committee:
                               Corporation, resigning and Al Williams, with Event Management Consultants, no
                               longer being available to attend the meetings.

                               Mayor Hester stated that he had contacted the following people who are willing to
                               serve on the Marketing Committee.

                                        Bill Caldwell                                 His & Hers Antiques
                                        Bowie Martin                          Country Tonight Music Show
                                        Barbara Maye                                         Hampton Inn
                                        Kevin Dougherty                           Adventure Development
                                        Edna Parker                                           JR Tobacco
                                        Spook Joyner                                        Rudy Theatre

                               Mr. Gobble stated that the Committee meets in the Town Hall Conference Room on
                               the second Thursday of every other month at 8:30 a.m.

                               A motion was made by Councilmember Debbie Johnson and seconded by Mayor Pro-
                               tem Jackie Lacy to approve the appointment of Bill Caldwell, Bowie Martin, Barbara
                               Maye, Kevin Dougherty, Edna Parker, and Spooke Joyner to the Marketing
                               Committee. Motion carried.

 Award of Bid for Digger       Town Manager Gobble stated that the Town of Selma received bids on October 9,
 Derrick Utility Vehicle for   2008 for a Digger Derrick Utility Vehicle for the Electric Department. He said that
 Electric Department:
                               the bids were as follows:
MINUTES – OCTOBER 14, 2008
PAGE 2

                               Map Enterprises
                               P. O. Drawer 3097
                                                                  $189,086.00                 180-240 Days
                               Burlington, NC 27216

                               Altec
                               1730 Vanderbilt Rd.
                                                                  $145,997.00                    90 Days
                               Birmingham, AL 35234

                               Terex Utilities
                               11072 Washington Hwy.              $159,376.00                    60 Days
                               Glen Allen, VA 23059

                              Mr. Gobble stated that the bids received were submitted according to specification set
                              forth by the Town of Selma and have been reviewed by Donald Baker, Electric Utility
                              Director.

                              A motion was made by Councilmember Debbie Johnson and seconded by
                              Councilmember Cheryl Oliver to award the contract to the low bidder, Altec at a cost
                              of $145,997.00 for the purchase of a Digger Derrick Utility Vehicle for the Electric
                              Department through a five-year lease purchase. Motion carried.

                              Donald Baker said the Town had to purchase the new Digger Derrick by surprise due
                              to equipment failure of a 1995 Chevrolet Digger Derrick and a 1991 Chevrolet Bucket
                              Truck will also need to be replaced this year and he would soon begin that process.

 Request for Approval of an   Town Manager Gobble stated that in an effort to avoid costly hiring mistakes and
 Ordinance & Background       minimize safety and security concerns, many local governments and private
 Check Policy:
                              businesses are conducting more extensive pre-employment background checks on all
                              job applicants. Mr. Gobble presented a policy for Council‟s consideration, which
                              would address these concerns.

                              Fran Davis, Town Clerk/Human Resources Director stated that the checks being
                              recommended include not only employment and personal references as we currently
                              do, but criminal conviction records, educational verification and social security
                              verification. She stated that certain applicants would also be required to have their
                              motor vehicle records checked, sex offender registry checked and credit history
                              checked. Ms. Davis said that current employees as well would be subject to
                              background checks for reasonable suspicion and annual motor vehicle record checks,
                              if driving were a requirement of their job.

                              Mr. Gobble advised that some of these checks the Human Resources Director and the
                              Police Chief could perform. Mr. Gobble presented an ordinance amending the Town
                              Code authorizing the Police Department to perform criminal history checks on current
                              and potential employees. Mr. Gobble stated that the State Bureau of Investigations
                              (SBI) requires the approval of this ordinance by the Town Council. Mr. Gobble said
                              that the Human Resources Director has already received approval from the North
                              Carolina Department of Motor Vehicles to do vehicle records checks. Mr. Gobble
                              advised the more extensive checks or checks on applicants who have lived out of state
                              would require an outside vendor at a cost of about $30.00 to $40.00 per applicant
                              depending on the number of checks requested.

                              A motion was made by Councilmember Debbie Johnson and seconded by
                              Councilmember Jackie Lacy to approve the following ordinance authorizing the Selma
                              Police Department to perform criminal history checks on potential and current
                              employees. Motion carried.

                                                         AN ORDINANCE
                                         AMENDING THE TOWN OF SELMA CODE OF ORDINANCES
MINUTES – OCTOBER 14, 2008
PAGE 3

                                       TO AUTHORIZE THE SELMA POLICE DEPARTMENT TO PERFORM
                                          CRIMINAL HISTORY CHECKS ON POTENTIAL EMPLOYEES

                             BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF SELMA:

                             Section 1.      That this ordinance adopted by the Town Council of the Town of Selma is to
                             provide a policy and procedures for conducting criminal history checks through the North
                             Carolina State Bureau of Investigations (SBI)/Division of Criminal Information (DCI) Network
                             on final applicants for employment with the Town of Selma. This ordinance is adopted
                             pursuant to the authority vested in the Town of Selma by the General Assembly of the State of
                             North Carolina in Sections 160A-11 and 160A-12 of the North Carolina General Statutes.

                             A. In order to protect the citizens of the town and their properties, the procedures herein are
                                established to provide for fingerprinting and criminal history checks on all final applicants
                                for regular full- and part-time positions in the town government. Subject to Subparagraph
                                (3) of this section, employment with the town may be denied for those persons convicted of
                                any crime against a person, or crimes against property where intent is an element, or any
                                drug or gambling related offense.

                                 (1)    The Town Manager, Human Resources Officer, or designee, may conduct an
                                        investigation of any final candidate for a permanent full-time or part-time position
                                        with the town government and it shall be a precondition of employment that an
                                        applicant for such a position shall, upon request, provide fingerprints and all other
                                        necessary personal identification including a birth certificate, social security number
                                        and driver‟s license, if available, so the Town Manager, Human Resources Officer, or
                                        designee, may cause a thorough search to be made of local and state criminal records
                                        to determine if the applicant has a history of criminal convictions or the crimes
                                        enumerated above by use of the DCI.

                                 (2)    The Selma Police Chief, or designee, shall provide the findings from the use of the
                                        DCI to the Town Manager, Human Resources Officer, or designee, provided that all
                                        necessary agreements with the State Bureau of Investigations (SBI) Division of
                                        Criminal Information have been executed.

                                 (3)    An evaluation of any crime for purposes of employment will take into account the
                                        nature and the circumstances of the offense and the time frame of the offense as it
                                        relates to the essential job functions or the position applied.

                                 (4)    Prior to denial or termination of employment based upon criminal history record
                                        information (CHRI) received from the Selma Police Chief, or designee, shall verify
                                        the existence of a record by either obtaining a certified public record or by submitting
                                        a fingerprint card of the individual to the criminal information and identification
                                        section for verification that the CHRI record belongs to the individual.

                             B. If this ordinance or the application thereof to any person or circumstance be held invalid,
                                such invalidity shall not affect other provisions or applications of the ordinance which can
                                be given separate effect and to that end the provisions of this ordinance are declared to be
                                severable.

                             C. That all laws and clauses in conflict with this ordinance are hereby repealed.

                             D. That this ordinance shall be in full force and effect immediately upon adoption.

                                             DULY ADOPTED THIS THE 14TH DAY OF OCTOBER, 2008.

                             A motion was made by Councilmember Debbie Johnson and seconded by Mayor Pro-
                             tem Jackie Lacy to adopt the following resolution creating a criminal Background
                             Check Policy and Procedures and Criminal Charges/Convictions Reporting
                             Procedures. Motion carried.

                                                      RESOLUTION CREATING A
                                        CRIMINAL BACKGROUND CHECK POLICY AND PROCEDURES
                                                AND CRIMINAL CHARGES/CONVICTIONS
                                                      REPORTING PROCEDURES
MINUTES – OCTOBER 14, 2008
PAGE 4


                             WHEREAS, the Town of Selma seeks to hire and retain qualified individuals, to limits its risk
                             of hiring unsuitable employees and to safeguard its assets, current employees and the public;
                             and

                             WHEREAS, a thorough pre-employment background check is a preventative measure that
                             enables employers to verify pertinent information provided by the applicant and to determine if
                             an applicant‟s background indicates a possible security/safety threat. A background check and
                             charges/convictions procedure will also ensure that current employees adhere to the guidelines
                             as outlined in this policy.

                             NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Selma
                             adopts the following Criminal Background Check Policy and Procedures and Criminal
                             Charges/Convictions Reporting Procedures.

                                          Adopted this the 14th day of October, 2008, in Selma, North Carolina.

                                                        TOWN OF SELMA
                                       CRIMINAL BACKGROUND CHECK POLICY AND PROCEDURES
                                               AND CRIMINAL CHARGES/CONVICTIONS
                                                     REPORTING PROCEDURES

                             Purpose of Policy: Many jobs held by Town of Selma employees are identified as security
                             sensitive. Employees in these positions affect the health of others, the safety of others and/or
                             evoke a high degree of trust and confidence.

                             The Town of Selma seeks to hire qualified individuals, to limit its risk of hiring unsuitable
                             employees and to safeguard its assets, current employees and the public.

                             This Policy will assist in reaching that goal by requiring that all volunteers and final candidates
                             for employment are subject to pre-employment background checks and will require that current
                             employees be checked as outlined and required to report any criminal charges and convictions.

                             Section 1. Responsibilities: It shall be the Human Resources Director‟s responsibility to
                             obtain and evaluate all background checks within the guidelines described in this Policy. The
                             Town Manager will be the final authority on all volunteers/candidates/employees disqualified as
                             a result of a background check.

                             Section 2. Policy: Background checks will be conducted on all new volunteers and all final
                             job candidates that have been extended a “Conditional Offer of Employment” for any position
                             with the Town of Selma and on current employees as stipulated. Volunteers for Town
                             committees and elected officials will be excluded from the Policy.

                             The North Carolina Department of Justice sets the qualification for the employment and
                             retention of police officers including but not limited to standards addressing the minimum age,
                             education, physical standards and mental status, citizenship, and good moral character (N.C.
                             General Statute §17C-10). In addition, Chapter 12 of the North Carolina Administrative Code
                             controls the extent, scope and use of a background investigation and further places specific
                             eligibility limitations on an applicant‟s prior criminal and motor vehicle history. In the event
                             that one of the mandatory State standards conflicts with this Policy, then the State standard shall
                             control and shall be followed by that of the Town of Selma and the Selma Police Department.

                             This Policy shall provide for fair and unbiased treatment regardless of gender, race, color,
                             disability, national origin, marital status, religion, or other protected class. Background checks
                             will be conducted in compliance with all Federal and North Carolina Statutes to include the Fair
                             Credit Reporting Act (FCRA), American Disabilities Act, and the Municipal Records Retention
                             Schedule. This Policy will be consistent with the guidelines requiring organizations to obtain a
                             volunteer/candidate/employee‟s written authorization before conducting a background check, to
                             properly notify the volunteer/candidate/employee of the results and to store and/or dispose of
                             the information derived from such reports.

                             The Town of Selma will ensure that all information attained from the background check process
                             will only be used as part of the employment process and kept strictly confidential according to
                             FCRA. Those having knowledge of the specific results will be limited to the volunteer
                             /candidate/employee, the Human Resources Director and the Town Manager.
MINUTES – OCTOBER 14, 2008
PAGE 5


                             The Town of Selma‟s job opportunity advertisement will include a statement that a background
                             check is required on all volunteers/final candidates upon a conditional offer of employment with
                             the Town of Selma.

                             The Human Resources Director is responsible for determining the job duties for which an
                             additional background check is conducted, and is responsible for ensuring there is a job-related
                             need for conducting the additional checks.

                             Section 3. Definitions:
                             Security - Sensitive Positions - Positions having significant supervisory and management duties,
                             access to credit card numbers, checks or currency; having keys to sensitive work areas where
                             security could be compromised; access to computer data files that could result in alteration,
                             deletion, or unauthorized access to sensitive information; access to individual‟s health
                             information or other confidential records of employees or customers; drivers of town vehicles
                             and/or equipment and positions responsible for the care and instruction of children.

                             Fair Credit Reporting Act (FCRA) - Federal regulations of the collection and use of information
                             contained in consumer reports prepared and assembled by a consumer-reporting agency.

                             American Disabilities Act - A Civil Rights law guaranteeing equal opportunity to jobs for
                             qualified individuals with disabilities.

                             Municipal Records Retention and Disposition Schedule - This records schedule identifies and
                             provides retention and disposition instructions for many records that have been identified as
                             being produced and maintained in municipal administrative offices. These records are defined
                             under Chapter 132 of the General Statues of North Carolina. Chapter 121-5 mandates that these
                             records be disposed of only in accordance with an official records retention schedule. Standard
                             13 of the Municipal Records Retention and Disposition Schedule addresses personnel records to
                             include application and selection files.

                             Criminal Conviction Record - The record of an individual‟s criminal convictions(s) obtained
                             form the states and counties where the applicant lives or has lived in the past seven years.

                             Motor Vehicle Records (MVR) - An individual‟s driving history obtained from the N.C.
                             Department of Motor Vehicles or the state where the applicant/employee driver‟s license is or
                             was issued or through agencies with license to obtain these reports on the Town‟s behalf.

                             Educational Verification - Confirmation that the final candidate has the degree or educational
                             level as stated on the application or resume.

                             Employment History Check - A basic profile from a past work experience reference provided
                             by the applicant, generally consisting of: title, basic responsibilities, relationship, professional
                             and interpersonal skills.

                             Sexual Offender Registry - This report will contain all information available in the applicant‟s
                             state data repository.

                             Social Security Verification - This report will verify the issue date of the social security number,
                             if the number has been reported deceased or not yet been issued. The report will also reveal
                             other names used by the applicant, such as maiden names or aliases and addresses listed by
                             subject when they have applied for credit.

                             Credit History – A profile of the applicant‟s credit history for the last seven years as reported by
                             a major credit bureau. Charge offs, collection accounts, public records, trade lines bankruptcies,
                             judgments and monthly payment histories are included in a history.

                             Section 4. Procedures for Background Checks for Volunteers and Final Candidates:

                             1.     The Town of Selma will require a background check for all full-time, part-time,
                                    temporary, intern or volunteer applicants at the point of a conditional offer of
                                    employment being extended.

                             2.     Prior to conducting the pre-employment background check the following must be
                                    presented to and completed by the volunteer/final candidate:
MINUTES – OCTOBER 14, 2008
PAGE 6

                                      Town of Selma employment application with all signature lines completed or
                                       Application to Volunteer
                                      Applicant‟s Authorization and Consent for Release of Information Form
                                      The Summary of Rights under the Fair Credit Reporting Act and Consumer
                                       Notification

                             3.   The Town staff has been authorized to conduct some types of background checks. All
                                  other background checks will be conducted by an approved vendor under contract with
                                  the Town of Selma and results provided within a reasonable time frame.

                                  Confirmation that the candidate has the degree or educational level as stated on their
                                  resume or application, may be conducted through the approved background checking
                                  vendor or the candidate may be required to submit an official transcript. Official
                                  transcripts must be received in a sealed envelope from the college, university or school
                                  system in question and must be a certified copy.

                             4.   The information that will be collected as part of a final candidate background check
                                  will include employment history checks, social security verification, education
                                  verification, criminal conviction record checks. Extended background investigations will
                                  be conducted for candidates that are to be in jobs that handle Town funds, who have
                                  access to credit card account numbers and who have significant supervisory and
                                  management duties. The extended background includes a credit report investigation in
                                  addition to those of a final candidate check. Candidates for employment where the job
                                  duties require driving of Town vehicles or are required to drive as part of their
                                  employment will be in addition, subject to a motor vehicle records check. Candidates for
                                  employment where the job duties include entering a private household, interaction with
                                  children or other related duties will be subject to a national sexual offender registry check
                                  in addition to the other checks required.

                                  The information that will be collected as part of a Recreation volunteer background
                                  check will include: criminal conviction record check, national sex offender registry and
                                  motor vehicle records check if they will be required to drive town vehicles.

                                  The information that will be collected as part of a Volunteer Fireman background
                                  check will include: criminal conviction record check and motor vehicle records check.

                             5.   Upon receipt of the results of the background check the Human Resources Director will
                                  determine whether the volunteer/candidate is to be qualified or disqualified for
                                  employment. The Town Manager will be the final authority on disqualifying all
                                  volunteers/candidates/employees.

                             6.   If a volunteer/candidate is found at any point of the hiring process to have deliberately
                                  withheld information with the intent to mislead or is found to have falsified information
                                  pertaining to previous convictions, education, employment history, or any information
                                  deemed pertinent to employment the applicant will be disqualified from further
                                  employment consideration in any position with Town due to falsification of an
                                  application; or if this is discovered post employment, the employee will be terminated.

                             7.   Other adverse results of the background check will not be used as a basis for denying
                                  employment unless the denial of employment is determined to be due to job-related
                                  issues or business necessity. The factors to be considered in determining whether to hire
                                  the volunteer/candidate whose background check reveals adverse results are:

                                  1.   The nature, severity and intentionality of the offense(s) including but not limited to:

                                       a.   Statutory elements of the offense (rather than the individual‟s account of the
                                            facts of the offense);
                                       b.   Age at the time of the offense(s);
                                       c.   Number and type of offenses (felony, misdemeanor, traffic, other);
                                       d.   Time elapsed since last offense;
                                       e.   Probation or parole status;
                                       f.   Whether the circumstances arose out of an employment situation;
                                       g.   If there is a pattern of offenses;
                                       h.   Whether hiring the volunteer/candidate would pose a risk to business.
MINUTES – OCTOBER 14, 2008
PAGE 7

                                    2.   The duties, responsibilities and circumstances of the position applied for including
                                         but not limited to:

                                         a.   the nature and scope of the position, including key access to residential
                                              facilities, and other facilities, access to cash and to vulnerable populations,
                                              including minor children;
                                         b.   the nature and scope of the position‟s contact with children, the public or other
                                              interpersonal contact;
                                         c.   the nature and scope of the position‟s autonomy and discretionary authority;
                                         d.   the amount and type of supervision received in the position or provided to
                                              subordinate staff;
                                         e.   the sensitive nature of the data or records maintained or to which the position
                                              has access;
                                         f.   the extent to which the position holds a measure of fiscal responsibility;
                                         g.   the opportunity presented for the commission of additional offenses;
                                         h.   the extent to which acceptable job performance requires the trust and
                                              confidence of the Town or the public.

                             Professional discretion and consistent application will be used to ensure that only job-related or
                             business necessity disqualifications occur. (i.e. fraud or embezzlement conviction of a finance
                             employee applicant; sexual harassment judgment against a supervisory candidate)

                             8.     Before taking an adverse action that is based in whole or in part on the information
                                    collected as part of the pre-employment background check, the volunteer/candidate must
                                    be notified and informed of the adverse results of the check.

                             9.     In the event that disqualifying information is revealed during the background check
                                    process, applicants shall be notified in writing by certified mail that the conditional offer
                                    of employment is being withdrawn. Applicants shall have the right to appeal the
                                    disqualifying decision to the Town Manager in writing within five business days from
                                    the date of receipt of the rejection notification letter.

                             Section 5. Procedures for Background Checks for Current Employees and Criminal
                             Charges/Convictions Reporting Procedures:

                             Employees of the Town of Selma who are promoted or transferred to other positions within
                             Town employment, that were not already subject to the extended background check provisions
                             of this policy, shall be required to have an extended background check prior to moving into the
                             position if the position is identified as a security-sensitive position as defined in Section 3.

                             The Town shall have the right to conduct a background check on any current employee for
                             reasonable suspicion or cause and to conduct yearly motor vehicle records checks on employees
                             that drive Town vehicles or are required to drive as part of their employment. Employees will
                             be notified in writing of the convictions/charges found in a background check.

                             All employees, beginning on the effective date of this policy, are required to report any criminal
                             or civil charge or conviction to the Human Resources Director or Town Manager by the end of
                             the following business day of the charge or conviction, not to exceed 48 hours. A written
                             statement will be taken from the employee. Charges/convictions to be reported include but are
                             not limited to: detention, criminal summons, civil summons, expired driver‟s license, warrant
                             for arrest, order for arrest, traffic violations excluded minor citations. Charges/convictions shall
                             be evaluated in terms of the nature of the essential job functions versus the charge/conviction to
                             determine disciplinary action or continued employment as defined in Section 4.

                             Employees failing to submit to a background check for reasonable suspicion or cause, yearly
                             motor vehicle records checks, if applicable, or failure to report charges/convictions shall receive
                             disciplinary action up to and including termination from employment.

                             Employees shall have the right to appeal any disciplinary action or employment decisions
                             related to convictions/charges using the guidelines set forth in the Town of Selma‟s Personnel
                             Policy, Article X. Grievance Procedure.

                             Section 6. Recordkeeping

                             Evidence that a background check was conducted, the date and type of check and a sufficient
MINUTES – OCTOBER 14, 2008
PAGE 8

                             record of a disqualifying outcome will be maintained. A copy of the disqualification
                             notification to the volunteer/candidate and the background check record will be retained in the
                             position vacancy file.

                             Evidence of a background check that results in an applicant being approved for hire and current
                             employee checks will be filed separately from the employee‟s personnel file.

                             Background check information that includes infractions and other personal information will not
                             be retained beyond its usefulness unless a specific need for the record exists and will be kept
                             and disposed of in accordance with the guidelines stated in Section 2. Policy.

                                         This policy will be effective upon notification to all current employees.

 Discussion of Lease         Town Manager Gobble stated that the Town has grants in place for Harrison gym and
 Agreement with Neuse
                             last month, the Council talked about the classrooms and what we would do next with
 Charter School:
                             that grant. Mr. Gobble asked Council to remember that these facilities need to be
                             available for public use and the Recreation Department as well as the Neuse Charter
                             School. He asked Council to keep this in mind as they developed a new lease
                             agreement with Neuse Charter. Mr. Gobble said they needed to consider the debt we
                             are getting ready to incur and cover our cost in the lease with the Neuse Charter
                             School paying a prorated share. Mr. Gobble said the Town should have a place for the
                             Recreation Department offices to move into when the classroom renovations are
                             complete.

                             The Council discussed the various uses of the building and preparing a lease with the
                             Charter School to try and meet as many of the needs as possible with the Recreation
                             Department being given adequate priority.

                             Mr. Gobble stated that Garland Burnette with the Rural Center has agreed to work
                             with the Town on a loan agreement for the classrooms if they would address the needs
                             for the entire building. Mr. Gobble said that they needed to know if the Town is going
                             to proceed with the loan or not.

                             Mr. Gobble asked that Recreation Director Joe Carter get with Town Attorney Hewett
                             to work out a lease agreement.

 Consideration of DARE       Town Manager Gobble stated that the DARE Review Board was scheduled to meet
 Grant Applications:
                             Wednesday, October 8, 2008 at 8:30 a.m. in the Selma Town Hall Conference Room
                             to discuss the following grant applications:

                                1.   Bowie Martin, THE ICE HOUSE THEATRE, 112 N. Webb St. is requesting a
                                     grant for painting and landscaping of exterior at a cost of $2,000.00.

                                2.   Bonnie Godwin, BON RIC LLP, 119 S. Raiford St. is requesting a grant for
                                     replacement of wood, painting and door adjustments at a cost of $620.00.

                                3.   William B. & Mary B. Caldwell, HIS „N HER ANTIQUES, 126 S. Raiford St.,
                                     is requesting a grant for exterior painting, awning, and landscaping. Costs not
                                     yet submitted.

                                4.   Barbara Cotton, FOR PET‟S SAKE ANIMAL HOSPITAL, 108 S. Raiford St.,
                                     is requesting a grant for remodeling of part of parking area to be made into a
                                     dog walk at a cost of $6,585.00.

                                5.   Kimberly P. Reeves, FRENCH BUSTLE BRIDAL SHOPPE, 101 S. Raiford
                                     St., is requesting a grant for an outside sign. Cost not yet submitted.

                             Mr. Gobble stated that a quorum was not present for the meeting and in order to
                             expedite the process, he submitted the grants for Council‟s consideration.
MINUTES – OCTOBER 14, 2008
PAGE 9

                              Mr. Gobble stated that each project well exceeded the $500 grant allowed.

                              A motion was made by Councilmember Cheryl Oliver and seconded by
                              Councilmember Debbie Johnson to approve the $500 grants as presented. Motion
                              carried.

                              Councilmember Oliver asked if the Town could do a ribbon cutting for the new
                              businesses that are opening.

                              Dennis Davis, member of the Selma Development Partnership, stated that the
                              Partnership was making plans to do so.

 Request for Approval of      Town Manager Gobble stated that the Parks and Recreation Department received
 Architectural Services for   proposals from five firms to provide design services for the Richard B. Harrison
 PARTF Grant, Harrison
 Gym Project:                 Gymnasium Renovation Project through the PARTF grant as follows:

                                      H. S. Annis Architect, AIA                  Innovative Design, Inc.
                                            155 US 70 West                        850 West Morgan Street
                                          Garner, NC 27529                          Raleigh, NC 27603
                                    Ross/Deckard Architects, PA                   Oakley Collier Architects
                                          P.O. Box 98044                           109 Candlewood Road
                                     Raleigh, NC 27624-8044                       RockyMount, NC 27804
                                                          Centrepoint Architecture, PA
                                                            9001 Glenwood Avenue
                                                              Raleigh, NC 27617

                              Mr. Gobble stated that the planning and design phase is critical to the project‟s
                              success; therefore, a proven architectural firm is needed. Mr. Gobble advised the
                              importance of selecting a qualified firm and beginning this phase as soon as possible.
                              Mr. Gobble said the goal was to start renovations in early March.

                              Mr. Gobble stated that H. S. Annis Architect, AIA has over forty years of experience
                              on a variety of projects including several renovations, one of which was the renovation
                              of a gymnasium for Roanoke Rapids Parks and Recreation. He said that their firm has
                              a proven record of performance and highly qualified staff.

                              Town Manager Gobble and Recreation Director Joe Carter reviewed the proposals and
                              recommended H. S. Annis, AIA from Garner to provide architectural services for the
                              Richard B. Harrison Gymnasium renovation.

                              Mr. Gobble stated that Mr. Annis‟ background included doing a PARTF grant in
                              another town and a decision of this type should be made on qualifications.

                              A motion was made by Mayor Pro-tem Jackie Lacy and seconded by Councilmember
                              Eric Sellers to approve H. S. Annis, AIA, to provide architectural services for the
                              Richard B. Harrison Gymnasium Project through the PARTF grant. Motion carried.

 Discussion of Cemetery       Town Manager Gobble stated that there are two cemeteries that he wanted to talk
 Properties:
                              about; Greenwood Cemetery, which is kept up by the Town but not owned and
                              another just past Mahogany Place at JR‟s. Mr. Gobble said that the one behind JR‟s is
                              probably about a half-acre to an acre that is grown up with weeds and full of graves.
                              Mr. Gobble stated that both cemeteries were historic sites.

                              Mayor Hester stated that it wouldn‟t take much to fix up Greenwood Cemetery. He
                              said that some of the walls need repair as well as some of the wrought iron.

                              Councilmember Johnson questioned how it would be funded if the Town were to take
MINUTES – OCTOBER 14, 2008
PAGE 10

                             on the responsibility of upkeep of the cemeteries.

                             Mayor Hester stated that if the Town owned the cemeteries, perpetual care funds could
                             be used.

                             Mr. Gobble stated that regarding the cemetery below JR Tobacco on the Highway 70
                             bypass; the cemetery side is not in the city limits but the Town could get a quick claim
                             on it and then annex the property so the Town could preserve it.

                             Mayor Pro-tem Lacy asked if the cemetery had a name.

                             Attorney Chip Hewett said that he heard it referred to as the “Wall Cemetery” but was
                             not sure where it came from. Mr. Hewett said that Greenwood Cemetery was not
                             much of an issue since it was in Town, but the other one is an issue because it is not in
                             Town. Mr. Hewett said that if the Town did a quick claim deed, there needed to be a
                             title search done to try to find some ownership. Mr. Hewett stated that the cemetery
                             ordinance only mentions Selma Memorial Gardens as being kept up by the Perpetual
                             Care Funds.

                             Councilmember Johnson asked if someone could look into what the cost would be to
                             keep up the Wall Cemetery.

                             Cheryl Oliver asked if he had any idea of the title search cost.

                             Attorney Hewett stated that it could be costly and he would start with Q.K. Wall to see
                             if he can find any trustees.

                             Councilmember Johnson asked about a small cemetery at the end of West Street. She
                             said that Sonny Howard owns the land around that particular cemetery.

                             A motion was made by Mayor Pro-tem Jackie Lacy and seconded by Councilmember
                             Debbie Johnson to directed Town Attorney Hewett to look into ownership of the
                             cemetery outside of Town below JR‟s and Greenwood Cemetery. Motion carried.

 Proposed Council Meeting    Town Manager Gobble stated that the Town has received two quotes for putting
 Room Improvements:          commercial carpet in the entire Council meeting room. Mr. Gobble stated that the cost
                             of new stackable chairs for the public to sit in and chairs for Councilmembers and
                             staff have also been reviewed. Mr. Gobble stated that the cost of the chairs vary from
                             $40 to $800. He said a low to medium priced chair at about $40 per chair for the
                             public area and $100 for the Council would total approximately $4,800.

                             Mr. Gobble reviewed the quote on the carpet and installation at $2,298.36 and a few
                             chair examples.

                             Mr. Gobble stated that if Council were interested in renovating the meeting room with
                             new carpet and chairs a budget amendment of $7,100 would be needed.

                             The Council discussed changing the ceiling tiles, adding exit lighting and changing the
                             front door to swing the correct way.

                             A motion was made by Councilmember Eric Sellers and seconded by Councilmember
                             Debbie Johnson to approve the renovations to the Council meeting room and to
                             approve a budget amendment of $10,000 to cover those expenses. Motion carried.

 Request for Approval of     Town Manager Gobble stated that there was a new requirement for the creation and
 Identity Theft Prevention   implementation of an Identity Theft Prevention Program for the Town of Selma which
 Policy:
                             would identify, detect, mitigate, and update red flags that signal the possibility of
                             identity theft in connection with the opening of a covered customer utility account or
MINUTES – OCTOBER 14, 2008
PAGE 11

                             any existing covered account. He said the program must be implemented by the
                             deadline of November 1st.

                             Mr. Gobble presented and recommended the approval of a resolution, which
                             authorizes the adoption of the following Identity Theft Prevention Policy.

                             A motion was made by Councilmember Cheryl Oliver and seconded by Mayor Pro-
                             tem Jackie Lacy to approve the resolution authorizing the adoption of an Identity
                             Theft Policy. Motion carried.

                                                               TOWN OF SELMA
                                                                RESOLUTION
                                                     IDENTITY THEFT PREVENTION POLICY

                             WHEREAS, the Town of Selma, a public entity established under the laws of the State of
                             North Carolina;

                             WHEREAS, the Town is committed to providing good and adequate municipal services, as
                             the need arises, to its residents, utility customers, protecting the pubic against fraud and abuse,
                             and to comply with 16 CFR, Section 681.2 and section 114 of the Fair and Accurate Credit
                             Transaction Act of 2003;

                             WHEREAS, the Town of Selma wishes to adopt a policy to protect the public against identity
                             theft relating to its utility accounts;

                             NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Selma
                             authorizes the adoption of Identity Theft Prevention Policy.

                                                          Adopted this 14th day of October 2008.

                                                             TOWN OF SELMA
                                                   IDENTITY THEFT PREVENTION PROGRAM

                             I.     PROGRAM ADOPTION

                             The Town of Selma (“Utility”) developed this Identity Theft Prevention Program (“Program”)
                             pursuant to the Federal Trade Commission‟s Red Flags Rule (“Rule”), which implements
                             Section 114 of the Fair and Accurate Credit Transactions Act of 2003. 16 C.F.R. § 681.2. This
                             Program was developed with oversight and approval of the Town Council. After consideration
                             of the size and complexity of the Utility‟s operations and account systems, and the nature and
                             scope of the Utility‟s activities, the Town Council determined that this Program was appropriate
                             for the Town of Selma, and therefore approved this Program on October 14, 2008.

                             II.    PROGRAM PURPOSE AND DEFINITIONS

                             A.     Fulfilling Requirements of the Red Flags Rule

                             Under the Red Flag Rule, every financial institution and creditor is required to establish an
                             “Identity Theft Prevention Program” tailored to its size, complexity and the nature of its
                             operation. Each program must contain reasonable policies and procedures to:

                             1. Identify relevant Red Flags for new and existing covered accounts and incorporate those
                                Red Flags into the Program;
                             2. Detect Red Flags that have been incorporated in to the Program;
                             3. Respond appropriately to any Red Flags that are detected to prevent and mitigate Identity
                                Theft; and
                             4. Ensure the Program is updated periodically, to reflect changes in risks to customers or to
                                the safety and soundness of the creditor from Identity Theft.

                             B.     Red Flags Rule Definitions used in this Program

                             The Red Flags Rule defines “Identity Theft” as “fraud committed using the identifying
                             information of another person” and a “Red Flag” as “a pattern, practice, or specific activity that
                             indicates the possible existence of Identity Theft.”
MINUTES – OCTOBER 14, 2008
PAGE 12


                             According to the Rule, a municipal utility is a creditor subject to the Rule requirements. The
                             Rule defines creditors “to include finance companies, automobile dealers, mortgage brokers,
                             utility companies, and telecommunications companies. Where non-profit and government
                             entities defer payment for goods or services, they, too, are to be considered creditors.”

                             All the Utility‟s accounts that are individual utility service accounts held by customers of the
                             utility whether residential, commercial or industrial are covered by the Rule. Under the Rule, a
                             “covered account” is:

                             1. Any account the Utility offers or maintains primarily for personal, family or household
                                purposes, that involves multiple payments or transactions; and
                             2. Any other account the Utility offers or maintains for which there is a reasonably foreseeable
                                risk to customers or to the safety and soundness of the Utility from Identity Theft.

                             “Identifying information” is defined under the Rule as “any name or number that may be used,
                             along or in conjunction with any other information, to identify a specific person,” including:
                             name, address, telephone number, social security number, date of birth, government issued
                             driver‟s license or identification number, alien registration number, government passport
                             number, employer or taxpayer identification number, unique electronic identification number,
                             computer‟s Internet Protocol address, or routing code.

                             III.    IDENTIFICATION OR RED FLAGS

                             In order to identify relevant Red Flags, the Utility considers the types of accounts that is offers
                             and maintains, the methods it provides to open its accounts, the methods it provides to access its
                             accounts, and its previous experiences with Identity Theft. The Utility identifies the following
                             red flags, in each of the listed categories:

                             A.      Notifications and Warnings from Credit Reporting Agencies

                             Red Flags

                             1)     Report of fraud accompanying a credit report;
                             2)     Notice or report from a credit agency of a credit freeze on a customer or applicant;
                             3)     Notice or report from a credit agency of an active duty alert for an applicant; and
                             4)     Indication from a credit report of activity that is inconsistent with a customer‟s usual
                                    pattern or activity.

                             B.     Suspicious Documents

                             Red Flags

                             1)     Identification document or card that appears to be forged, altered or inauthentic;
                             2)     Identification document or card on which a person‟s photograph or physical description is
                                    not consistent with the person presenting the document;
                             3)     Other document with information that is not consistent with existing customer information
                                    (such as if a person‟s signature on a check appears forged); and
                             4)     Application for service that appears to have been altered or forged.

                             C.     Suspicious Personal Identifying Information

                             Red Flags

                             1)     Identifying information presented that is inconsistent with other information the customer
                                    provides (example: inconsistent birth dates);
                             2)     Identifying information presented that is inconsistent with other sources of information
                                    (for instance, an address not matching an address on a credit report);
                             3)     Identifying information presented that is the same as information shown on other
                                    applications that were found to fraudulent;
                             4)     Identifying information presented that is consistent with fraudulent activity (such as an
                                    invalid phone number or fictitious billing address);
                             5)     Social security number presented that is the same as one given by another customer;
                             6)     An address or phone number presented that is the same as that of another person;
                             7)     A person fails to provide complete personal identifying information on an application
MINUTES – OCTOBER 14, 2008
PAGE 13

                                   when reminded to do so (however, by law social security numbers must not be required);
                                   and
                             8)    A person‟s identifying information is not consistent with the information that is on file for
                                   the customer.

                             D.    Suspicious Account Activity or Unusual Use of Account

                             Red Flags

                             1)    Change of address for an account followed by a request to change the account holder‟s
                                   name;
                             2)    Payments stop on an otherwise consistently up-to-date account;
                             3)    Account used in a way that is not consistent with prior use (example: very high activity);
                             4)    Mail sent to the account holder is repeatedly returned as undeliverable;
                             5)    Notice to the Utility that a customer is not receiving mail sent by the Utility;
                             6)    Notice to the Utility that an account has unauthorized activity;
                             7)    Breach in the Utility‟s computer system security; and
                             8)    Unauthorized access to or use of customer account information.

                             E.    Alerts from Others

                             Red Flag

                             1)    Notice to the Utility from a customer, identity theft victim, law enforcement or other
                                   person that it has opened or is maintaining a fraudulent account for a person engaged in
                                   Identity Theft.

                             IV.   DETECTING RED FLAGS

                             A.    New Accounts

                             In order to detect any of the Red Flags identified above associated with the opening of a new
                             account, Utility personnel will take the following steps to obtain and verify the identity of the
                             person opening the account:

                             Detect

                             1)    Require certain identifying information such as name, date of birth, residential or business
                                   address, principal place of business for an entity, driver‟s license or other identification;
                             2)    Verify the customer‟s identity (for instance, review a driver‟s license or other
                                   identification card);
                             3)    Review documentation showing the existence of a business entity; and
                             4)    Independently contact the customer.

                             B.    Existing Accounts

                             In order to detect any of the Red Flags identified above for an existing account, Utility personnel
                             will take the following steps to monitor transactions with an account:

                             Detect

                             1)    Verify the identification of customers if they request information (in person, via
                                   telephone, via facsimile, via email);
                             2)    Verify the validity of requests to change billing addresses; and
                             3)    Verify changes in banking information given for billing and payment purposes.

                             V.    PREVENTING AND MITIGATING IDENTITY THEFT

                             In the event Utility personnel detect any identified Red Flags, such personnel shall take one or
                             more of the following steps, depending on the degree of risk posed by the Red Flag:
                             Prevent and Mitigate

                             1)    Continue to monitor an account for evidence of Identity Theft;
                             2)    Contact the customer;
                             3)    Change any passwords or other security devices that permit access to accounts;
MINUTES – OCTOBER 14, 2008
PAGE 14

                             4)    Not open a new account;
                             5)    Close an existing account;
                             6)    Reopen an account with a new number;
                             7)    Notify the Program Administrator for determination of the appropriate step(s) to take;
                             8)    Notify law enforcement; or
                             9)    Determine that no response is warranted under the particular circumstances.

                             Protect Customer Identifying Information

                             In order to further prevent the likelihood of Identity Theft occurring with respect to Utility
                             accounts, the Utility will take the following steps with respect to its internal operating
                             procedures to protect customer-identifying information:

                             1)    Ensure that its website is secure or provide clear notice that the website is not secure;
                             2)    Ensure complete and secure destruction of paper documents and computer files containing
                                   customer information;
                             3)    Ensure that office computers are password protected and that computer screens lock after
                                   a set period of time;
                             4)    Keep offices clear of papers containing customer information;
                             5)    Request only the last 4 digits of social security numbers (if any);
                             6)    Ensure computer virus protection is up to date; and
                             7)    Require and keep only the kinds of customer information that are necessary for utility
                                   purposes.

                             VI.   PROGRAM UPDATES

                             The Program Administrator will periodically review and update this Program to reflect changes
                             in risks to customers and the soundness of the Utility from Identity Theft. In doing so, the
                             Program Administrator will consider the Utility‟s experiences with Identity Theft situations,
                             changes in Identity Theft methods, changes in Identity Theft detection and prevention methods,
                             and changes in the Utility‟s business arrangements with other entities. After considering these
                             factors, the Program Administrator will determine whether changes to the Program, including
                             the listing of Red Flags, are warranted. If warranted, the Program Administrator will update the
                             Program or present the Town Council with his or her recommended changes and the Town
                             Council will make a determination of whether to accept, modify or reject those changes to the
                             Program.

                             VII. PROGRAM ADMINISTRATION

                             A.    Oversight

                             Responsibility for developing, implementing and updating this Program lies with an Identity
                             Theft Committee for the Utility. The Committee is headed by a Program Administrator who
                             may be the head of the Utility or his or her appointee. Two or more other individuals appointed
                             by the head of the Utility or the Program Administrator comprise the remainder of the
                             committee membership. The Program Administrator will be responsible for the Program
                             administration, for ensuring appropriate training of Utility staff on the Program, for reviewing
                             any staff reports regarding the detection of Red Flags and the steps for preventing and
                             mitigating Identity Theft, determining which steps of prevention and mitigation should be taken
                             in particular circumstances and considering periodic changes to the Program.

                             B.    Staff Training and Reports

                             Utility staff responsible for implementing the Program shall be trained either by or under the
                             direction of the Program Administrator in the detection of Red Flags, and the responsive steps
                             to be taken when a Red Flag is detected. Training will occur as changes are made or as new
                             staff is hired. Staff will be required to provide reports to the Program Administrator on
                             incidents of Identity Theft, the Utility‟s compliance with the Program and the effectiveness of
                             the Program.

                             C.    Service Provider Arrangements

                             In the event the Utility engages a service provider to perform an activity in connection with one
                             or more accounts, the Utility will take the following steps to ensure the service provider
                             performs its activity in accordance with reasonable policies and procedures designed to detect,
MINUTES – OCTOBER 14, 2008
PAGE 15

                             prevent, and mitigate the risk of Identity Theft.

                             1)   Require, by contract, that service providers have such policies and procedures in place;
                                  and
                             2)   Require, by contract, that service providers review the Utility‟s Program and report any
                                  Red Flags to the Program Administrator.

 Request for Approval of     Town Manager Gobble stated that the Town of Selma strives to make donations to
 Funding Policy for Non-     local area non-profit organizations during the budget process every year. Mr. Gobble
 Profit Organizations:
                             asked that a policy be adopted so that partnerships between the Town of Selma and
                             general non-profit organizations would be promoted for the benefit of Selma residents.
                             He stated that each organization would be given fair and equal consideration.

                             The Council discussed requiring financial statements from agencies awarded $1,000
                             or more and Councilmember Oliver asked that a requirement to supply additional
                             information on other funding sources be included in the Funding Policy.

                             A motion was made by Councilmember Cheryl Oliver and seconded by
                             Councilmember Eric Sellers to approve a resolution authorizing the adoption of the
                             following Funding Policy for Non-Profit Organizations. Motion carried.

                                                                   TOWN OF SELMA
                                                                     RESOLUTION
                                                                   FUNDING POLICY

                             WHEREAS, the Town of Selma, a public entity established under the laws of the State of
                             North Carolina, and

                             WHEREAS, the purpose of this policy is to promote partnerships between the Town and
                             general nonprofit organizations for the benefit of Selma residents, and

                             WHEREAS, this policy, upon adoption by the Town Council, shall be applicable to all
                             requests for support from non-profit organizations.

                             NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Selma
                             authorizes the adoption of the funding policy.

                                                          Adopted this 14th day of October, 2008.

                                                           TOWN OF SELMA
                                             FUNDING POLICY FOR NON-PROFIT ORGANIZATION

                             Purpose

                             The purpose of this policy is to promote partnerships between the Town and general non-profit
                             organizations for the benefit of Selma residents.

                             Coverage

                             This policy, upon adoption by the Town Council, shall be applicable to all requests for support
                             from non-profit organizations.

                             Procedures

                             1.   Organizations serving the residents of the Town of Selma are defined as those with a
                                  501(c)(3) designation; is a group which regularly comes together for purposes of
                                  promoting, providing or supporting services to the Town of Selma or its residents, and is
                                  one which is described in one or more of the following: uses a location within Selma‟s
                                  corporate limits for its primary services place, has an office in Selma, has a majority of
                                  Selma residents in its service population, or conducts a majority of its activities in Selma.
                                  Other organizations, which focus a significant program in Selma, but otherwise conduct
                                  business and operations outside of Selma and organizations that may not have a 501(c) (3)
                                  designation, may also be considered for support or sponsorship for Selma-based services.
MINUTES – OCTOBER 14, 2008
PAGE 16

                                  Funding for any organization shall be considered only as allowed by the General Statutes.
                                  Organizations must meet the criteria for public purpose expenditures by tax paid dollars.
                                  Applications will be available at the Finance Department at Town Hall.

                             2.   General Funding Assistance: Organizations may apply to the Town of Selma for specific
                                  project costs. Funding awards of $1,000 or more may require an audited copy of financial
                                  statements for the fiscal year in which the funds are received, such audit to be filed with
                                  the Town if required.

                             3.   Requests will be reviewed by the Finance Director and Town Manager, and the Town
                                  Council during the Budget process at the end of every fiscal year. The Town reserves the
                                  right to hold any preliminary conferences with the applicants for questions prior to making
                                  a decision relating to funding. Upon completion of the review, a recommendation shall be
                                  made for the next fiscal year‟s budget. The Council shall either approve or disapprove the
                                  request and shall state the basis for disapproval of any request. All funding requests are
                                  subject to the availability of funds.

                             4.   Each applicant will be notified in writing as to whether the request has been granted and a
                                  contract shall be written. Payments to the organization shall be made based upon the
                                  project timeline and the type of project. Funds distributed by the Town of Selma may only
                                  be spent as indicated in the non-profit application for which the funds were awarded.
                                  Within 30 days of completion of the project, the organization shall provide the Town with
                                  a written accounting of its expenditure of the funds described in the application request,
                                  and in such detail and with such back up information and certifications as deemed
                                  necessary by the Town, its Financial Officer and the Town‟s accountants, in accordance
                                  with the requirements or guidelines set forth by the General Accepted Accounting
                                  Principals. Proof of the respective expenditures including actual receipts may be
                                  requested as verification by the Town of Selma. Town funds may not be used by
                                  organizations for political activities. Pictures or other descriptions of the completed
                                  project may be requested by the Town. Funds shall be expended in the allotted time as
                                  stated in the application‟s estimated completion date.

                             5.   The Town of Selma reserves the right in its discretion to deny any application. The
                                  previous approval of funding by the Town to the same or similar organization or for the
                                  same or similar project for which funds have been previously issued shall not entitle any
                                  organization to subsequent funding.

 Discussion of Drainage      Councilmember Eric Sellers stated that he didn‟t see the drainage issue at Temple
 Issue at Temple Baptist     Baptist Church as just a Temple Baptist Church drainage problem but the Town‟s as
 Church:
                             well. He said that the cemetery was sometimes under water and they need to find a
                             solution. Mr. Sellers said that there was no solution to the problem until the problem
                             is studied and he didn‟t want to throw money at the problem until he had a
                             documented solution that defines a way to fix the problem.

                             A proposal was presented from the engineering firm of Coulter, Jewell and Thames,
                             P.A. to evaluate storm water flooding at Selma Memorial Gardens and Temple Baptist
                             Church at a cost of $9,500.

                             Councilmember Debbie Johnson stated that the Council is not going to know the
                             correct way to fix the problem nor the cost if they don‟t do the study.

                             Councilmember Sellers said that was right and also that they have to make sure the
                             Town can‟t be held liable if we do study and we both do repairs and it doesn‟t work.

                             Mayor Hester stated that other cities have drainage issues, which involves installing
                             piping on the property so excess water trickles out. Mayor Hester stated that the
                             Church is going to build a new sanctuary there possibly and they are going to have to
                             fix the water drainage problem if they build.

                             Councilmember Johnson stated that the only way that they are going to know what it
                             will take to fix the problem is to have the study done.
MINUTES – OCTOBER 14, 2008
PAGE 17

                               Mayor Hester stated that it would take taxpayer dollars to do study.

                               Town Manager Gobble stated that Town Attorney Hewett advised them that the study
                               could be an eligible expense under the perpetual care funds.

                               Councilmember Sellers said that the North Carolina Department of Transportation was
                               also a player in this but they are unwilling to participate at this point.

                               A motion was made by Mayor Pro-tem Jackie Lacy to approve going ahead with the
                               study out of the cemetery‟s perpetual care funds. After some discussion, Mayor Pro-
                               tem Lacy withdrew her motion.

                               A motion was made by Councilmember Sellers and seconded by Mayor Pro-tem Lacy
                               to go forward with the study at a cost of $9,500 with the engineering firm of Coulter,
                               Jewell, and Thames of Durham. Voting yes: Councilmembers Debbie Johnson,
                               Cheryl Oliver and Eric Sellers and Mayor Pro-tem Jackie Lacy; voting no: Mayor
                               Charles Hester. Motion carried.

 Report of Development         Town Manager Gobble said that Walgreens Drug Store construction plans have been
 Activities:                   approved. He said that they are waiting on one more signature from Walgreens and
                               the project will take off. Mr. Gobble stated that permits have been issued for Dunkin
                               Doughnuts on Highway 70 East and he is reviewing plans for a new Bojangles, which
                               would include tearing down the existing building and rebuilding at the current site.
                               He said permits are expected to be issued tomorrow for Bojangles.

 Discussion of November 11th   Town Manager Gobble reminded Council that the upcoming November Council
 Council Meeting on            meeting falls on Veteran‟s Day and asked if they would like to reschedule it.
 Veteran’s Day:

                               A motion was made by Mayor Pro-tem Jackie Lacy and seconded by Councilmember
                               Debbie Johnson to move the regular Council meeting to November 13 th. Motion
                               carried.

 Introduction of New           Mr. Gobble stated that a new Recreation Program Supervisor, Joni Hubble-Zinenburg,
 Employees –                   began work on October 2nd.
    Recreation Program
    Supervisor:

   Planning Director/Code      Mr. Gobble also said that Ryan Simons, Planning Director/Code Enforcement Officer
   Enforcement Officer:        would begin on November 17th. Mr. Gobble stated that the new Town Manager,
                               Richard Douglas, was involved in the interview process for the Planning Director.

                               Mayor Hester stated that he had invited Scott Sayer, with the North Carolina Railroad
                               Company to come and do a presentation on the railroad‟s future plans for expansion.
                               Mr. Hester said that he would like to have a special meeting during the first week of
                               November to hear his presentation.

                               Mr. Gobble stated that he has talked to Kathy Dealy of the North Carolina Railroad
                               Company and she will be in Selma tomorrow regarding the railroad right-of-way and
                               beautification of the area.

 Financial Reports:            Town Manager Gobble informed the Council that the expenditures of Suber Funds
                               have been under review and the Library Board and Town Council have approved thus
                               far, only legitimate expenses. Mr. Gobble stated that they needed to look at what the
                               future plans are for the Richardson House as they relate to the Library expansion. He
                               said that the Recreation Department was temporarily relocated there but the building
                               should be used for Library purposes. Mr. Gobble stated that the Suber Fund was for
                               25 years and will expire in approximately two years. He said it will then be up to the
                               Library Board and Town Council to decide what to do with the money after that. Mr.
                               Gobble said that the fund was clearly intended for the Library and it was only right for
MINUTES – OCTOBER 14, 2008
PAGE 18

                              the original wishes be honored. He said money is now invested with North Carolina
                              Cash Management Trust. Mr. Gobble stated that the Suber Fund is set up so that you
                              can only use the interest on it not the principal until it expires.

                              Council had no questions regarding the financial reports.

TOWN ATTORNEY’S               Attorney Hewett stated that he had an update on Selma Housing Development
REPORT –                      Corporation. Mr. Hewett stated that a request had been made to exercise a right to
 Selma Housing
                              purchase the Redwood Village property by Albert Aaron.
 Development Corporation
 Transfer:
                              Mr. Hewett stated that he calculated the abide of the lot rent to be about $17,400. Mr.
                              Hewett said that it went before the Selma Housing Development Corporation, which
                              approved it, and also went before the Selma Housing Authority Board and they took
                              no action, which felt like they didn‟t have to take any action. Mr. Hewett stated that it
                              looks like they were going to proceed with the transfer of property by quick claim
                              deed. Mr. Hewett said that Selma Housing Authority would continue to maintain
                              Redwood as long as it‟s under the ownership of Albert Aaron.

 Consideration of Ordinance   Attorney Hewett stated he was asked by Town Manager Gobble to do an ordinance
 on Truck Parking in          amendment regarding complaints received about truck parking on Railroad Street.
 Residential Zones & Right-
 of-Ways:                     Mr. Hewett said that he was unable to draft the amendment due to the Town having
                              several options in addressing the situation.

                              Mr. Hewett reviewed the current parking ordinance with Council. He said that truck
                              parking was prohibited anywhere the Town decided to install a sign. Mr. Hewett also
                              said that truck parking was prohibited on public type property, which included railroad
                              right-of-ways. Mr. Hewett advised Council of three ways to address the parking
                              problems: 1) Council could pass an ordinance prohibiting parking from Pollock Street
                              on East and West Railroad Streets all the way to the Depot; 2) Council could leave the
                              ordinance as is and instruct Public Works to purchase “No Parking” signs or 3) or wait
                              to see if there is some type of group effort with North Carolina Railroad.

                              Town Manager Gobble suggested defining it better in the Ordinance to define for the
                              Police Department where the no parking area is. Mr. Gobble said the next phase
                              would be to work out a lease agreement with the Railroad Company to put up fencing
                              and approve some areas for parking.

                              Councilmember Cheryl Oliver questioned if the Police Department could ticket trucks
                              starting tomorrow based on the wording of Section 12-139.

                              Attorney Hewett recommended not doing that due to lack of notice. He said that the
                              Town has allowed it to exist and would have to allow some notice element, which is
                              where the signs would come in.

                              Attorney Hewett stated that he would bring something to the November meeting for
                              an ordinance amendment regarding trucks parking on East and West Railroad Streets.

                              A motion was made by Councilmember Sellers and seconded by Councilmember
                              Cheryl Oliver to begin enforcement of Section 12-139 within the next five days and
                              to instruct the Selma Police Department to post warning tickets on any vehicle that
                              parks in that area. Motion carried.

                              Attorney Hewett stated that the ordinance does allow for the parking of tractor-trailer
                              trucks on private property. Mr. Hewett stated that Council needed to consider a
                              revision of Section 12-139 to prohibit tractor-trailer trucks in residential areas because
                              it is disturbing neighborhoods. Mr. Hewett said that the only way the Council could
                              justify an ordinance amendment is under a nuisance abatement ordinance.
MINUTES – OCTOBER 14, 2008
PAGE 19

                             Council instructed Attorney Hewett to bring an ordinance amendment to the
                             November meeting for their review.

Changes Regarding Heavy      Attorney Hewett advised Council that there are going to be some changes regarding
Equipment Rental Taxes:      local taxes on heavy equipment rental taxes. He stated that the General Assembly is
                             making changes on how this is taxed. Mr. Hewett stated that this needed to be
                             adopted in October for it to be effective in January 1. Mr. Hewett said in order to
                             adopt this tax Council would have to call a special meeting in October.

MAYOR’S                      Mayor Hester stated that he attends a Triangle J meeting every other month in
ANNOUNCEMENTS/               Durham, where he met with other mayors and councilmembers. Mayor Hester said he
REMARKS/                     asked to be put on their agenda to give a report on Selma. He also said he attended a
RECOGNITIONS –               railroad briefing last week in Durham hosted by the North Carolina Railroad where he
  Report on Triangle J
  Council of Governments:    met Scott Sayler and discussed with him about coming to Selma.

                             Mayor Hester stated that he had a request from Richard Smith, President of the
                             Harrison Alumni Association, to move the school bell so that it can be more accessible
                             to the Harrison Alumni members.

                             Mayor Hester stated that he attend North Carolina League of Municipalities 100th
                             anniversary in Charlotte. He said that the conference was a good and informative
                             meeting mostly about the economy.

                             Mayor Hester praised Joe Carter, the Recreation Department and supporting
                             Departments for their hard work during Railroad Days.

COUNCILMEMBERS’              Councilmember Johnson stated that it was one of the best Railroad Days that she has
REPORTS AND                  attended and had one of the best crowds and she thanked Interim Town Manager
RECOMMENDATIONS:             Gobble for his service to the Town of Selma.

                             Councilmember Johnson stated that Anthony Johnson, owner of Pine View Mobile
                             Home Park at end of Webb Street, is concerned about moving mobile homes out of his
                             park and not being able to replace them.

                             Town Manager Gobble stated that they went to the Planning Board for an ordinance
                             amendment. He said that the Council and Planning Board are not on the same page
                             regarding mobile homes. Mr. Gobble recommended that Council and the Planning
                             Board have a meeting together and figure out what the Council wanted the ordinance
                             to say.

                             Councilmember Johnson asked if the Town Attorney needed to draft an ordinance
                             amendment.

                             Town Manager Gobble stated that Council needed to ask the Town Attorney to draft
                             an ordinance amendment and then submit the amendment to the Planning Board. He
                             said if the Planning Board disapproves of the amendment, Council could override the
                             Planning Board‟s decision with a four-fifths majority. He said the Council could have
                             a Public Hearing in November voted on in December.

                             Mayor Pro-tem Lacy echoed Councilmember Johnson‟s comments to Joe Carter and
                             Town Manager Gobble.

                             Councilmember Oliver thanked all employees involved in Railroad Days and
                             Oktoberfest. She also thanked Mr. Gobble for his service to the Town.

                             Councilmember Oliver questioned Mr. Gobble about an insert in the bill on how our
                             electric rates compares to others in the area.
MINUTES – OCTOBER 14, 2008
PAGE 20

                             Town Manager Gobble stated that Erica Walters would be doing a bill insert. He said
                             that Elizabeth Long, Customer Service Assistant at Town Hall has volunteered to start
                             preparing a newsletter to our citizens.

                             Councilmember Oliver questioned if anything could be done about an item brought up
                             at the September meeting regarding the narrowness of the repaved portion of Noble
                             Street.

                             Mayor Hester stated that he would talk to the North Carolina Department of
                             Transportation.

                             Councilmember Oliver asked about dates for Council planning sessions.

                             Councilmember Sellers recommended waiting for the new Town Manager to begin
                             and come up with new dates at that time. He suggested getting his input and his
                             development of a format.

                             Councilmember Oliver asked if there was any closure to Lewis Mullen‟s presentation
                             from the September meeting.

                             Councilmember Sellers stated that what Mr. Mullen was suggesting was not legal.

                             Mr. Gobble stated that there are improvements that the Town could make but we
                             cannot put yard waste into garbage cans.

                             Councilmember Oliver stated that she did not understand it that way. She understood
                             his complaint to be the redundant use of Town service over the contract with Waste
                             Industries.

                             Town Manager Gobble suggested that Council invite Public Works Director Terry
                             Keen to the next meeting to describe what he does.

                             Councilmember Oliver stated that one of the items of the Strategic Plan was the
                             reviving of a neighborhood watch. She asked who would begin the neighborhood
                             activity.

                             Town Manager Gobble stated that she needed to talk to Chief Bowen of the Police
                             Department.

                             Councilmember Sellers thanked Town Manager Gobble for serving as Town Manager
                             for six months. He said that a number of people had said wonderful things about him.

                             Councilmember Sellers stated that in their packet was a brochure from Johnston
                             Hospice House. He said that Selma was the only Town in Johnston County that has
                             not pledged some funds for Hospice. Councilmember Sellers stated that he wanted the
                             board to seriously consider their request and get it done fairly quickly. Mr. Sellers
                             stated that he didn‟t want Selma to be the only Town in Johnston County not to
                             contribute anything.

                             Finance Officer Erica Walters stated that the Town had budgeted $1,000 for Johnston
                             County Hospice.

OPEN FORUM/                  Jane Suber of 302 East Griswold street stated that she would like a list of what can and
CITIZENS’ REQUESTS:          cannot be put beside the street for trash pickup.

                             Council asked this to be one of the things put in newsletter and Selma News and to
                             enforce it.
MINUTES – OCTOBER 14, 2008
PAGE 21

                             Charlie Parrish stated that that the cemetery located on West Street has been referred
                             to as the Peedin graveyard. Mr. Parrish stated that there is also a cemetery at the dead
                             end of Noble near the gas terminals.
  Harrison Alumni’s
                             Raymond Carmichael stated that he was present on behalf of the Richard B. Harrison
  Request for Repairs:
                             Alumni Association. He thanked the Town Council has done for them over the past
                             several years. Mr. Carmichael stated that as preparations are being made to make
                             improvements to the campus, the Alumni requested that they be considered as part of
                             the campus. Mr. Carmichael presented Council with a list of items to improve the
                             Alumni Building.

                                                           Projected Estimate of Repairs
                                                    At Harrison Alumni Building & Parking Lot

                                  Complete Paving of Parking Lot                                        $3,000
                                  Install Steel Door Entrance                                           $3,000
                                  Replace Damaged Ceiling (1 Room)                                      $1,000
                                  Remove Gang Graffiti Back Wall                                         $500
                                  Paint Building Exterior & Repair All Damaged Boards                   $1,000
                                  Fence Cover Cooling Unit                                               $600
                                                                           TOTAL REQUEST                $9,100

                             Town Manager Gobble stated that the current grant package was for the gymnasium
                             only. He said that the loan package could be used anyway the Council wanted.

                             William Caldwell of His & Her‟s Antiques thanked Town Manager Gobble and Joe
                             Carter for Railroad Days.

                             Tony Tetterton of RVacation on Campground Road asked that the upcoming agenda
                             of the Planning Board could be put on the website.

                             Mr. Tetterton asked that any future construction plans that are being considered go
                             through the Planning Board in the proper way. He stated that he understood that there
                             were some setback problems with Walgreen‟s, which were handled without going
                             before the Board of Adjustments. He said they should follow the correct procedure.

                             Dennis Davis, Chairman of the Planning Board, stated that the Planning Board
                             allowed Walgreen‟s to move their parking area over and they agreed to it.

                             Town Manager Gobble explained the Board of Adjustment and the process.

                             Councilmember Oliver requested that a notice be posted on the website for any
                             Planning Board meetings that are cancelled.

CLOSED SESSION –             A motion was made by Councilmember Sellers and seconded Councilmember Johnson
 Discussion of Personnel     to go into closed session to discuss personnel. Motion carried. 9:15 p.m.
 Issue:

                             A motion was made by Councilmember Eric Sellers to create a Fire Engineer/Fire
                             Inspector position in the Fire Department, Grade 20 and was seconded by
                             Councilmember Cheryl Oliver. Motion carried.

ADJOURNMENT:                 With no further business, a motion was made by Councilmember Eric Sellers and
                             seconded by Councilmember Debbie Johnson to adjourn. Motion carried.

                             The meeting adjourned at 9:40 p.m.


                                                             ____________________________________
                                                                 FRAN C. DAVIS, TOWN CLERK

				
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