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03072002NE MINUTES CITY OF DUNN DUNN, NORTH CAROLINA THE CITY COUNCIL OF THE CITY OF DUNN HELD A REGULAR MEETING ON THURSDAY, MARCH 07, 2002, AT 7:00 P.M. IN THE DUNN MUNICIPAL BUILDING. PRESENT WAS MAYOR ABRAHAM OUDEH, MAYOR PRO -TEM MIKE WOMBLE, COUNCILMEMBERS CAROLYN MCDOUGAL, TOBY SUMNER, GEORGE ROBINSON, JOEY TART, AND PAUL BASS. ALSO PRESENT WAS INTERIM CITY MANAGER RONNIE AUTRY, POLICE CHIEF PAT GODWIN, CAPTAIN MORRY DENNING, CAPTAIN RONNIE RADCLIFFE, FINANCE DIRECTOR RENEE' DAUGHTRY, RECREATION DIRECTOR PERRY HUDSON, CHIEF BUILDING INSPECTOR SHANE HUDSON, CITY ENGINEER ED POWELL, INTERIM HUMAN RESOURCES OFFICER MOSES GALLION, CITY PLANNER/CODE ENFORCEMENT OFFICER ICE,LLY BOLLINGER, FIRE CHIEF AUSTIN ' TEW, PUBLIC WORKS SUPERINTENDENT THOMAS JERNIGAN, LIBRARIAN DEBORAH MELVIN, CITY ATTORNEY P. TILGHMAN POPE, DEPUTY CLERIC DEBRA WEST, II JUDICIAL DISTRICT JUDGE FRANK LANIER, AND DAILY RECORD REPORTER LISA FARMER. INVOCATION MAYOR OUDEH OPENED THE MEETING AT 7:00 P.M. AND ASKED MAYOR PRO -TEM MIKE WOMBLE TO GIVE THE INVOCATION. AFTERWARDS, THE PLEDGE OF ALLEGIANCE WAS REPEATED. PRESENTATIONS MAYOR OUDEH PRESENTED POLICE OFFICER DARRON SUTTON WITH THE BASIC LAW ENFORCEMENT CERTIFICATE. MAYOR OUDEH PRESENTED POLICE OFFICER DAVID REGISTER WITH THE ADVANCED LAW ENFORCEMENT CERTIFICATE. SWEARING -IN CEREMONY CITY ATTORNEY 11"' JUDICIAL DISTRICT JUDGE FRANK LANIER ADMINISTERED THE OATH OF OFFICE TO ATTORNEY P. TILGHMAN POPE. (ATTACHMENT #1) JUDGE LANIER STATED TO THE MAYOR AND COUNCIL THAT THEY HAVE CHOSEN WELL. MAYOR OUDEH CLOSED THE REGULAR MEETING AND OPENED PUBLIC HEARINGS AT 7:06 P.M. PUBLIC HEARINGS REZONING REQUEST THANATOPSIS ASSOCIATES & BEACON MINISTRIES INTERIM CITY MANAGER RONNIE AUTRY STATED THAT TIIE PUBLIC HAS BEEN NOTIFIED THAT ORAL AND WRITTEN COMMENTS WOULD BE HEARD AND RECEIVED CONCERNING THE REQUEST BY THANATOPSIS ASSOCIATES & BEACON MINISTRIES TO REZONE THE PROPERTY LOCATED AT 207 WEST BROAD STREET IN THE DUNN CITY LIMITS. HE ADDED THE PUBLIC HEARING WAS DULY ADVERTISED ON FEBRUARY 21, 2002 AND FEBRUARY 28, 2002 AND ALL PERTINENT DATA IS ATTACHED UNDER ITEM VII -1. MAYOR OUDEH ASKED IF THERE WAS ANYONE PRESENT TO SPEAK FOR OR AGAINST THIS REQUEST. CARL BARBOUR STEPPED FORWARD AND STATED THAT. HE REPRESENTED THANATOPSIS ASSOCIATES & BEACON MINISTRIES. HE ADDED THAT THIS PROPERTY WAS FORMERLY THE OLD SKINNER FUNERAL HOME AND THE REQUEST WAS TO REZONE IT FROM C -3 TO R -M (RESIDENTIAL MULTI - FAMILY). MR. BARBOUR STATED THAT THANATOPSIS WAS A PARTNERSHIP THAT PRESENTLY OWNED THE PROPERTY AND THEY WISH TO SELL IT TO BEACON RESCUE MISSION. HE ADDED THAT THE PLANNING BOARD HAD APPROVED THE REQUEST WITHOUT ANY OPPOSITION FROM THE ADJOINING PROPERTY OWNERS AND BEACON HAD BEEN IN OPERATION AT 611 NORTH ELLIS AVENUE SINCE 1989 AND AT 407 WEST HARNETT STREET SINCE 1994. HE FURTHER STATED THAT BEACON IS AN EMERGENCY SHELTER AND GENE LOVE, TI4E DIRECTOR, WAS PRESENT IF THE COUNCIL HAD ANY QUESTIONS. MR. GENE LOVE, DIRECTOR OF BEACON RESCUE MISSION STEPPED FORWARD. COUNCILMEMBER SUMNER ASKED MR. LOVE TO BRIEFLY DESCRIBE HIS BUSINESS. MR. LOVE RESPONDED THAT PRESENTLY BEACON EMPLOYS 36 PEOPLE AND THEY OPERATE THRIFT STORES, THROUGH WHICH THEY PAY .06 SALES TAX AS ANY RETAIL BUSINESS. HE ADDED THEIR TAXABLE INCOME WAS OVER $300,000.00 PER YEAR. HE FURTHER STATED BEACON'S GOAL WAS TO TAKE INDIVIDUALS IN TROUBLE AND HOUSE THEM AND HELP THEM GET AWAY FROM DRUGS AND ALCOHOL SO THEY CAN BECOME WORKING INDIVIDUALS IN THE COMMUNITY. HE STATED THAT BEACON HAS BEEN IN TOWN FOR THIRTEEN YEARS AND IN THAT TIME NO ONE HAS EVERY SPOKE AGAINST 811 THE MISSION. HE ADDED THAT THEY NEED THE LARGER BUILDING. HE FURTHER STATED THIS WILL ALLOW HIM TO CUT STAFF. HE STATED HE LIVES AT THE MISSION AND IT IS INCORPORATED NON - PROFIT AND WHEN HE RETIRES, SOMEONE ELSE WILL TAKE OVER. COUNCILMEMBER ROBINSON STATED BEACON IS DOING A GOOD JOB AND THEY HAVE HELPED THE HARNETT COUNTY SHERIFF'S DEPARTMENT AND THE CITY OF DUNN BY TAKING IN BATTERED WOMEN DURING THE NIGHT. MAYOR OUDEH STATED THAT HE HAS HAD A GOOD EXPERIENCE DEALING WITH BEACON BECAUSE HIS MEDICAL FACILITY, OUDEH PLAZA, PROVIDES FREE MEDICAL CARE TO THIS ASSOCIATION. MAYOR OUDEH ASKED IF THERE WAS ANYONE ELSE THAT WOULD LIKE TO SPEAK FOR OR AGAINST THIS REQUEST. HEARING NONE, HE CLOSED THE PUBLIC HEARING IN REFERENCE TO SAME. CODE AMENDMENT SECTION 22 -251 (B) (2) INTERIM CITY MANAGER RONNIE AUTRY STATED THAT THE PUBLIC HAS BEEN NOTIFIED THAT ORAL AND WRITTEN COMMENTS WOULD BE HEARD AND RECEIVED CONCERNING THE REQUEST BY DR. WILLIAM ELMORE TO AMEND SECTION 22 -251 (B) (2) OF THE DUNN CITY CODE AS FOLLOWS: "NO FREESTANDING SIGN EXCEEDING FORTY -TWO (42) INCHES IN HEIGHT SHALL BE LOCATED WITHIN FIFTEEN (15) FEET OF ANY PUBLICLY OWNED AND MAINTAINED RIGHT -OF -WAY. NO SIGN SHALL OBSTRUCT THE DRIVEWAY SIGHT DISTANCE AREA AT THE INTERSECTION OF ANY DRIVEWAY AND STREET. THE DRIVEWAY SIGHT DISTANCE AREA SHALL MEAN THE HORIZONTAL AREA AND VERTICAL AREA DEFINED AS FOLLOWS:... ". HE ADDED THAT THE PUBLIC HEARING WAS DULY ADVERTISED ON FEBRUARY 21, 2002 AND FEBRUARY 28, 2002 AND ALL PERTINENT DATA IS ATTACHED UNDER ITEM VII -2. MAYOR OUDEH ASKED IF THERE WAS ANYONE PRESENT TO SPEAK FOR OR AGAINST THIS REQUEST. ATTORNEY MARSHALL MILLER STEPPED FORWARD AND STATED HE WAS THERE ON BEHALF OF DR. ELMORE. HE EXPLAINED THAT THE PRESENT CODE PREVENTS ANYONE FROM PLACING A SIGN ADVERTISING THEIR BUSINESS NEAR THE RIGHT -OF -WAY. HE STATED DR. ELMORE HAS A BUSINESS IN THE PLAZA SHOPPING CENTER AND OWNS THE RIGHT -OF -WAY FROM HIS BUSINESS TO DUNN ERWIN ROAD AND DUE TO THE NUMBER OF FEET BETWEEN THE RIGHT -OF -WAY AND THE ADJOINING PROPERTY OWNER'S PROPERTY, THEY ARE NOT ALLOWED TO PUT UP A SIGN. ATTORNEY MILLER STATED THE CODE WOULD STILL STAY IN EFFECT WHERE THERE WOULD BE A 10' DISTANCE BETWEEN ADJOINING PROPERTY OWNERS AND ALL THEY ARE ASKING IS THAT IF IT IS A PRIVATE RIGHT -OF -WAY, THAT SOMEONE SHOULD BE ABLE TO PUT THEIR SIGN UP IN SUCH A WAY THAT IT DOES NOT INTERFER WITH TRAFFIC TURNING OUT DUNN ERWIN ROAD OR ANY OTHER ROAD APPLICABLE TO. HE FURTHER STATED SINCE DR. ELMORE'S STORE FRONT IS INSIDE THE SHOPPING CENTER, HE IS UNABLE TO PUT A SIGN ANYWHERE ELSE BUT THIS PARTICULAR LOCATION TO BENEFIT HIM. HE FURTHER STATED THAT DR. ELMORE WAS PRESENT IF THERE WERE ANY QUESTIONS. MAYOR OUDEH ASKED DR. ELMORE ABOUT THE SIZE OF HIS SIGN. DR. ELMORE RESPONDED THIS SIGN WAS WITHIN THE CODE AND WAS THE SAME SIGN HE HAD WHEN HIS BUSINESS WAS LOCATED AT WILSON AND CUMBERLAND STREET. DR. ELMORE STEPPED FORWARD AND THANKED THE MAYOR AND COUNCIL FOR ALLOWING HIM TO SPEAK. HE STATED THAT HE WAS AN OPTOMETRIST AND OWNED AMERICAN EYE CARE OPTOMETRIST CENTERS. HE ADDED THAT FIVE YEARS AGO HE TOOK OVER THE OPTOMETRIST OFFICE AT 200 SOUTH WILSON AVENUE. HE FURTHER ASKED THAT THE COUNCIL AFFIRM THE DECISION OF THE PLANNING BOARD TO APPROVE THE PROPOSED CODE AMENDMENT. HE STATED THAT HIS OFFICE, AMERICAN EYE CARE, OCCUPIES THE UNIT OF BUILDINGS CLOSEST TO THE PLAZA THEATER AND HIS INVESTMENT IS IN EXCESS OF $225,000.00. HE STATED THAT HE HAS OCCUPIED THIS NEW FACILITY FOR APPROXIMATELY A YEAR AND IN THAT TIME, HAS BEEN UNABLE TO ERECT A SIMPLE SIGN ON HIS OWN PROPERTY. HE ADDED THIS SAME SIGN WAS USED AT HIS PREVIOUS WILSON AVENUE LOCATION BUT REMAINS IN STORAGE. HE ASKED FOR THE AUTHORITY TO ERECT A SIGN ON HIS PROPERTY IN A FASHION THAT DOES NOT OBSTRUCT TRAFFIC OR OTHERWISE INTERFERE WITH THE PUBLIC'S HEALTH OR SAFETY, COUNCILMEMBER ROBINSON ASKED DR. ELMORE IF THIS SIGN HAD BEEN UP BEFORE. DR. ELMORE STATED IT WAS THE SAME SIGN AT DR. JORDAN'S OLD LOCATION AT 200 SOUTH WILSON AVENUE BUT SINCE HE HAS MOVED TO THE NEW LOCATION, THE CODE PREVENTS HIM FROM ERECTING THIS SIGN. COUNCILMEMBER ROBINSON ASKED DR. ELMORE WOULD THIS SIGN BE ERECTED ON PRIVATE PROPERTY. DR. ELMORE RESPONDED YES. �1\ 812 ATTORNEY MARSHALL MILLER STEPPED FORWARD AND OFFERED A MAP OF THE PROPERTY FOR THE COUNCIL TO VIEW. COUNCILMEMBER TART ASKED CODE ENFORCEMENT OFFICER/PLANNER BOLLINGER TO STEP FORWARD TO SPEAK ABOUT THIS MATTER. PLANNER BOLLINGER ALONG WITH ATTORNEY MARSHALL MILLER SHOWED THE COUNCIL THE MAP AND EXPLAINED THE SITUATION. MR. MILLER THANKED THE COUNCIL FOR THEIR TIME. MAYOR OUDEH ASKED IF THERE WAS ANYONE ELSE THAT WOULD LIKE TO SPEAK FOR OR AGAINST THIS REQUEST. HEARING NONE, HE CLOSED THE PUBLIC HEARING IN REFERENCE TO SAME. STREET CLOSING HOOD STREET INTERIM CITY MANAGER AUTRY STATED THE PUBLIC HAS BEEN NOTIFIED THAT ORAL AND WRITTEN COMMENTS WOULD BE HEARD AND RECEIVED ON THE QUESTION OF CLOSING HOOD STREET LOCATED IN THE 1300 BLOCK OF NORTH ELLIS AVENUE. HE ADDED THAT THE PUBLIC HEARING WAS DULY ADVERTISED FEBRUARY 12, 19, 26 AND MARCH 5, 2002 AND ALL AFFECTED PROPERTY OWNERS WERE NOTIFIED BY CERTIFIED MAIL. ALSO, THE PROPERTY WAS POSTED WITH TWO NOTICES OF PUBLIC HEARING AS REQUIRED BY N.C.G.S. 160A -299 AND ALL PERTINENT DATA IS ATTACHED UNDER ITEM VII -3. MAYOR OUDEH ASKED IF THERE WAS ANYONE PRESENT TO SPEAK FOR OR AGAINST THIS REQUEST. HEARING NONE, MAYOR OUDEH CLOSED THE PUBLIC HEARING AND RECONVENED THE REGULAR COUNCIL MEETING AT 7:26 P.M. CONSENT ITEMS MAYOR OUDEH ASKED IF THERE WERE ANY CONSENT ITEMS THAT COUNCIL WISHED TO PULL FOR FURTHER DISCUSSION. HEARING NONE, THE FOLLOWING CONSENT ITEMS WERE CONSIDERED BY COUNCIL. MINUTES- COUNCIL CONSIDERED APPROVAL OF MINUTES OF THE FEBRUARY 7, 2002 MEETING. MINUTES - COUNCIL CONSIDERED APPROVAL OF THE SPECIAL CALL FEBRUARY 21, 2002 MEETING. TAX LIENS /ADVERTISEMENT - COUNCIL CONSIDERED APPROVAL TO ADVERTISE TAX LIENS. THE ADVERTISEMENT DATE WAS SET FOR MARCH 25, 2002. TAX RELEASES/REFUNDS- COUNCIL CONSIDERED APPROVAL OF TAX RELEASES /REFUNDS #103 - #116. RESOLUTION- COUNCIL CONSIDERED APPROVAL OF A RESOLUTION IN SUPPORT OF THE PRESENT SYSTEM OF LEE - HARNETT MENTAL HEALTH. (ATTACHMENT #2) RESOLUTION- COUNCIL CONSIDERED APPROVAL OF A RESOLUTION IN SUPPORT OF THE PASSENGER RAIL ROUTE FROM RALEIGH TO WILMINGTON.(ATTACHMENT #3) A MOTION WAS RECEIVED BY MAYOR PRO -TEM MIKE WOMBLE, SECONDED BY CAROLYN MCDOUGAL TO APPROVE ALL CONSENT ITEMS. MOTION UNANIMOUSLY APPROVED. ITEMS FOR DECISION REZONING REQUEST THANATOPSIS ASSOCIATES & BEACON MINISTRIES INTERIM CITY MANAGER AUTRY STATED THAT A REQUEST WAS RECEIVED FROM THANATOPSIS ASSOCIATES & BEACON MINISTRIES TO REZONE THE PROPERTY LOCATED AT 207 WEST BROAD STREET IN THE DUNN CITY LIMITS. THIS PROPERTY IS CURRENTLY ZONED C -3 AND IS REQUESTED TO BE REZONED R -M FOR PURPOSES OF USING THE BUILDING FOR A ROOMINGHOUSE. MR. AUTRY STATED THAT THE PLANNING BOARD MET ON FEBRUARY 12, 2002 AND RECOMMENDED APPROVAL OF THIS REQUEST. HE ADDED THAT NOTICE OF THE PUBLIC HEARING WAS ADVERTISED ON FEBRUARY 21, 2002 AND FEBRUARY 28, 2002. HE FURTHER STATED THAT ATTACHED ARE THE MINUTES OF THE MEETING, THE APPLICATION FOR REZONING AND A MAP OF THE PROPERTY. 01.-) MOTION BY COUNCILMEMBER SUMNER, SECONDED BY COUNCILMEMBER ROBINSON TO APPROVE THE REZONING OF 207 WEST BROAD STREET FROM C -3 TO R -M. MAYOR OUDEH ASKED IF THERE WAS ANYMORE DISCUSSION. MAYOR PRO -TEM WOMBLE ASKED BUILDING INSPECTOR, SHANE HUDSON TO STEP FORWARD FOR QUESTIONS. MR. WOMBLE ASKED MR. HUDSON IF THIS PROPERTY WAS INSIDE THE CITY'S PRIMARY FIRE DISTRICT. MR. HUDSON RESPONDED YES. MAYOR PRO - TEM WOMBLE STATED HIS UNDERSTANDING IS IF A PROPERTY IS REZONED IT MUST BE UPGRADED TO CURRENT CODE. MR. WOMBLE ASKED MR. HUDSON WITH THIS PROPERTY IN THE PRIMARY FIRE DISTRICT, WOULD IT BE ECONOMICALLY FEASIBLE TO UPGRADE THIS PARTICULAR DWELLING TO CURRENT CODE AND IF THAT HAD BEEN CONSIDERED. MR. HUDSON RESPONDED HE HAS NOT BEEN IN THE BUILDING TO SEE WHAT THEY ARE CONSIDERING RENOVATING. MAYOR PRO -TEM WOMBLE STATED HE DID NOT OPPOSE THE USE BUT WHEN THE PROPERTY IS REZONED, IT BECOMES AVAILABLE TO ANYONE WHO PURCHASES IT IN THE FUTURE. MAYOR PRO -TEM WOMBLE ASKED INSPECTOR, HUDSON IF HE COULD GIVE HIM SOME EXAMPLES OF WHAT WOULD NEED TO BE DONE TO BRING THE STRUCTURE UP TO CODE. INSPECTOR HUDSON SAID IT WOULD DEPEND ON CHANGES THEY PROPOSE TO MAKE AND HE COULD NOT SAY IF IT WOULD BE FEASIBLE OR NOT WITHOUT KNOWING THE CHANGES THAT WOULD BE MADE. MAYOR PRO -TEM WOMBLE ASKED FIRE CHIEF TEW IF HE HAD ANY INPUT ON THIS ISSUE. FIRE CHIEF TEW STEPPED FORWARD AND STATED THE BIGGEST ISSUE OF CONCERN WOULD BE WITH REZONING FROM COMMERCIAL TO RESIDENTIAL, IS IT GOING TO HAVE TO BE SPRINKLED BECAUSE IT IS A LARGE BUILDING. HE ADDED HE WOULD HAVE TO CHECK HIS CODE BOOK BECAUSE CURRENT STANDARD WOULD REQUIRE IT TO BE SPRINKLED. MR. WOMBLE ASKED MR. BARBOUR AND MR. LOVE IF THEY HAD CONSIDERED THIS ISSUE MR. LOVE RESPONDED IF THESE STANDARDS WERE REQUIRED, THEN IT MAY NOT BE FEASIBLE AND STATED THAT AT HIS CURRENT LOCATIONS, THE FIRE MARSHALL INSPECTS REGULARLY AND ALL CURRENT CODES ARE MET. HE ADDED THE PROPOSED BUILDING WOULD STAND AS IT IS BUT BATHROOM FACILITIES NEED TO BE ADDED AND HE IS MORE CONCERNED WITH HANDICAP ACCESSIBILITY. HE FURTHER STATED IF HE WAS REQUIRED TO SPRINKLE THIS BUILDING, IT WOULD COST THOUSANDS OF DOLLARS AND THE MISSION WOULD HAVE TO CLOSE. MR. LOVE STATED THAT BEACON IS SUPERVISED TWENTY- FOUR HOURS A DAY, NO SMOKING IS ALLOWED AND THEY HAVE NEVER HAD A FIRE INCIDENT BUT IS WILLING TO DO WHATEVER NEEDS TO BE DONE TO PASS CITY CODE. MAYOR PRO -TEM WOMBLE ASKED INSPECTOR HUDSON AND CHIEF TEW IF THE CITY HAS ANY AUTHORITY TO WAIVE THE RULES AND WHO ENFORCES THESE RULES. CHIEF TEW RESPONDED THAT THE STATE BUILDING CODE IS STATE LAW AND IT IS HIS JOB AS WELL AS THE BUILDING INSPECTOR'S JOB TO ENFORCE THESE LAWS. MAYOR PRO -TEM WOMBLE STATED IN AN EFFORT TO PRESERVE IT AND MAKE SURE IT CAN WORK, HE WOULD LIKE TO MAKE A MOTION TO TABLE THIS ISSUE. MR. LOVE STATED THAT HIS CLOSING DATE WAS MARCH 15 AND HE HAS BEEN UNDER CONTRACT FOR OVER 60 DAYS AND IF THIS ISSUE WAS TABLED, HIS CONTRACT WOULD END. MR. WOMBLE ASKED MR. LOVE IF HE WOULD PREFER THIS ISSUE BE VOTED DOWN THAN TO TABLE WITH A POSITIVE ANSWER. MR. LOVE RESPONDED HE DIDN'T HAVE ANY CHOICE. MAYOR OUDEH ASKED IF THERE WAS ANYMORE DISCUSSION. COUNCILMEMBER BASS ASKED CHIEF TEW AND INSPECTOR HUDSON HOW LONG OF A TIME PERIOD BEFORE THEY WOULD KNOW WHAT WOULD HAVE TO BE DONE TO THIS BUILDING TO BRING IT UP TO CODE. BOTH CHIEF TEW AND INSPECTOR HUDSON RESPONDED THEY COULD HAVE INFORMATION BY 5:00 P.M. ON FRIDAY, MARCH 8, 2002. COUNCILMEMBER BASS SUGGESTED A SPECIAL CALL MEETING BEING HELD BEFORE MR. LOVE'S CONTRACT EXPIRED TO DECIDE ON THIS ISSUE. COUNCILMEMBER ROBINSON SUGGESTED IF MR. LOVE CAN EXTEND HIS CONTRACT, THEN EVERYONE WOULD HAVE MORE TIME AND STATED IF NOT, HE WOULD ALSO BE WILLING TO COME BACK FOR A SPECIAL MEETING TO DECIDE UPON THIS ISSUE. MAYOR PRO -TEM WOMBLE STATED THIS PROPERTY HAS BEEN ON THE MARKET FOR A LONG TIME AND THE NEXT REGULAR MEETING WOULD ONLY BE TWO WEEKS AFTER MR. LOVE'S CONTRACT DATE UNLESS A SPECIAL CALL MEETING WAS HELD BEFORE THEN. MAYOR OUDEH STATED MR. LOVE IS A BUSINESSMAN AND THE RESCUE MISSION IS VERY IMPORTANT FOR DUNN AND IF NEEDED, THEY SHOULD CALL A SPECIAL MEETING BEFORE THE 15 OF MARCH. COUNCILMEMBER SUMNER STATED IF THEY VOTED AFFIRMATIVE, THE NEW OWNER WOULD STILL HAVE TO BRING THE BUILDING UP TO CODE. COUNCILMEMBER BASS STATED IF THEY REZONE THIS PROPERTY, AND THEN IT IS RESOLD, ANYTHING CAN BE PUT IN THE BUILDING. HE ADDED THAT WAS HIS CONCERNS OF REZONING BEFORE KNOWING WHAT NEEDED TO BE DONE TO THE PROPERTY. MAYOR OUDEH ASKED IF ANYMORE DISCUSSION 814 MOTION BY COUNCILMEMBER WOMBLE, SECONDED BY COUNCILMEMBER TART TO TABLE ISSUE UNTIL NEXT REGULAR COUNCIL MEETING. MOTION DEFEATED AYES NOES WOMBLE BASS TART ROBINSON SUMNER MCDOUGAL MAYOR OUDEH MOTION WITHDRAWN By COUNCILMEMBER SUMNER TO REZONE THE PROPERTY AT 207 WEST BROAD STREET FROM C -3 TO R -M MOTION BY COUNCILMEMBER TART, SECONDED BY COUNCILMEMBER BASS TO TABLE THE ISSUE UNTIL THE NEXT MEETING IF MR. LOVE CAN EXTEND HIS CONTRACT AND IF HE CANNOT EXTEND THE CONTRACT, THEN CALL A SPECIAL MEETING. MOTION UNANIMOUSLY APPROVED. CODE AMENDMENT- SECTION 22 -251 (B) (2) INTERIM CITY MANAGER AUTRY STATED A REQUEST WAS RECEIVED FROM MR. MARSHALL MILLER ON BEHALF OF DR. WILLIAM ELMORE TO AMEND SECTION 22 -251 (B) (2) OF THE DUNN CITY CODE AS FOLLOWS: "NO FREESTANDING SIGN EXCEEDING FORTY - TWO (42) INCHES IN HEIGHT SHALL BE LOCATED WITHIN FIFTEEN (15) FEET OF ANY PIIBLTCLY OWNED_AN MAINTAINED RIGHT -OF -WAY. HE ADDED THAT THE PLANNING BOARD MET ON FEBRUARY 12, 2002 AND RECOMMENDED APPROVAL OF THIS REQUEST AND NOTICE OF THE PUBLIC HEARING WAS ADVERTISED ON FEBRUARY 21, 2002 AND FEBRUARY 28, 2002. HE FURTHER STATED THAT ATTACHED WERE MINUTES OF THE MEETING, THE REQUEST FOR THE CODE AMENDMENT, A COPY OF SECTION 22 -251 OF THE DUNN CITY CODE, AND A COPY OF THE CITY CODE AS IT WOULD APPEAR IF AMENDMENT IS APPROVED (AMENDMENT IS UNDERLINED). MR. AUTRY STATED THE CODE ORIGINALLY READ" WITHIN FIFTEEN FEET OF ANY RIGHT - OF -WAY" AND THE PROPOSED CHANGE WOULD ADD "ANY PUBLICLY OWNED AND MAINTAINED ". HE ADDED THAT THE CURRENT CODE RIGHT -OF -WAY DEFINITION INCLUDES PUBLIC, PRIVATE AND SEVERAL OTHER ISSUES IN THAT DEFINITION AND TO SIMPLIFY, IT IS RECOMMENDED TO PLACE IT IN THE "PUBLICLY OWNED AND MAINTAINED ". COUNCILMEMBER ROBINSON STATED IT WASN'T GOOD TO HAVE A BUSINESS IN TOWN AND NOT BE ABLE TO ADVERTISE IT. MAYOR OUDEH ASKED IF THERE WAS ANYMORE DISCUSSION. MAYOR PRO -TEM WOMBLE STATED HE UNDERSTOOD THE REASON FOR THE CHANGE BUT DURING HIS TERMS ON THE PLANNING BOARD, THERE WERE SEVERAL UNSUCCESSFUL ATTEMPTS TO CHANGE THE SIGN ORDINANCE AND FELT THE CITY HAD A GOOD SIGN ORDINANCE. MR. WOMBLE ADDED THE PROBLEM WASN'T NECESSARILY DR. ELMORE'S SIGN BUT THE EFFECTS IT WOULD HAVE ON OTHER LOCATIONS BECAUSE THIS WILL APPLY TO EVERY PUBLIC AND PRIVATE RIGHT -OF -WAY WITHIN THE CITY OF DUNN. MR. WOMBLE STATED THAT HE OPPOSED THE CHANGE TO THE SIGN ORDINANCE. MAYOR OUDEH ASKED IF THERE WAS ANYMORE DISCUSSION. CITY ATTORNEY, TILGHMAN POPE STATED HE WOULD LIKE TO CLARIFY WHAT THE PROPOSED ORDINANCE CHANGE WOULD BE. HE STATED YOU WOULD STILL HAVE THE FIFTEEN FOOT REQUIREMENT FROM A PUBLICLY MAINTAINED RIGHT -OF -WAY. THE CURRENT ORDINANCE PROVIDES A FIFTEEN FOOT VARIANCE FROM ANY RIGHT -OF -WAY AND THE DEFINITION OF RIGHT -OF -WAY INCLUDES PRIVATE RIGHTS -OF -WAY. HE ADDED THE PROPERTY IN QUESTION (DR. ELMORE), IS ON A PRIVATE RIGHT -OF -WAY AND IF THE CHANGE IS PASSED, IT WOULD DO AWAY WITH ALL PRIVATE RIGHTS -OF -WAY IN THE ENTIRE CITY. HE FURTHER STATED BY CHANGING THE CODE, IT WOULD STILL BE REQUIRED TO COMPLY WITH THE TRUCK TRAFFIC SIGHT DISTANCES AND THE TEN FOOT REQUIREMENT THAT IT BE AWAY FROM THE ADJOINING PROPERTY OWNER. HE STATED THIS IS A CODE CHANGE AND NOT A VARIANCE REQUEST FOR ONE PARTICULAR PIECE OF PROPERTY AND WILL BE APPLICABLE TO ALL PRIVATE RIGHTS -OF -WAY THROUGHOUT THE ENTIRE CITY IF THE CODE CHANGE IS ADOPTED. HE STATED WITH THIS PARTICULAR 4 PIECE OF PROPERTY, THERE IS AN ADDITIONAL DOT SIGHT DISTANCE EASEMENT AS WELL AND THE SIGN WOULD NOT BE ALLOWED TO GO IN THAT AREA EITHER AND ALL THOSE ORDINANCES WILL STAY IN PLACE. COUNCILMEMBER MCDOUGAL ASKED INTERIM MANAGER AUTRY IF THIS IS THE SAME SITUATION AS THE RENO LEGGETT PROPERTY. MR. AUTRY RESPONDED NO. HE STATED THAT WAS AN ENCROACHMENT ON THE CITY'S RIGHT -OF -WAY AND THIS CODE CHANGE WOULD NOT ENCROACH UPON THE CITY'S RIGHT -OF -WAY BUT WOULD CHANGE THE DISTANCES FROM THE PROPERTY LINE. COUNCILMEMBER TART ASKED CITY PLANNER/CODE ENFORCEMENT OFFICER BOLLINGER IF SHE SEES ANY PROBLEMS WITH THIS THROUGHOUT TIIE CITY. CITY 815 PLANNER BOLLINGER RESPONDED THERE ARE NOT MANY PRIVATE RIGHT -OF -WAYS AND MOST DEVELOPERS DEDICATE THEIR SIGNS TO THE CITY AND SHE SAW NO PROBLEM WITH THIS REQUEST. MAYOR OUDEH ASKED IF THERE WAS ANYMORE DISCUSSION. MOTION BY COUNCILMEMBER ROBINSON, SECONDED BY COUNCILMEMBER SUMNER TO APPROVE THE RECOMMENDATION OF THE PLANNING BOARD TO AMEND SECTION 22 -251 (B) (2) OF THE DUNN CITY CODE. MOTION CARRIED 5 -1. (ATTACHMENT #4) AYES NOES SUMNER WOMBLE MCDOUGAL ROBINSON TART BASS STREET CLOSING HOOD STREET INTERIM CITY MANAGER AUTRY STATED THAT THE PUBLIC HAS BEEN NOTIFIED THAT ORAL AND WRITTEN COMMENTS WOULD BE HEARD AND RECEIVED ON THE QUESTION OF CLOSING HOOD STREET. HE ADDED THE PUBLIC HEARING WAS DULY ADVERTISED FEBRUARY 12, 19, 26 AND MARCH 5, 2002 AND ALL AFFECTED PROPERTY OWNERS WERE NOTIFIED BY CERTIFIED MAIL. HE FURTHER STATED THE PROPERTY WAS POSTED WITH TWO NOTICES OF A PUBLIC HEARING AS REQUIRED BY N.C.G.S. 160A -299. INTERIM AUTRY STATED SHOULD COUNCIL WISH TO PROCEED WITH THE CLOSING OF THIS STREET, A RESOLUTION AND ORDER 1S ATTACHED FOR CONSIDERATION. HE ADDED THAT ATTACHED COUNCIL WOULD FIND A REQUEST RECEIVED FROM THE PROPERTY OWNERS REQUESTING THIS CLOSURE, N.C.G.S. I60A -299, WHICH PERTAINS TO THE PROCEDURE FOR PERMANENTLY CLOSING STREETS AND ALLEYS, AND A MAP OF THE PROPERTY. INTERIM MANAGER AUTRY STATED THIS PROPERTY IS LOCATED ON A DIRT AREA NEVER MAINTAINED BY THE CITY OF DUNN THAT RUNS FROM NORTH ELLIS AVENUE TO MCKAY STREET. MOTION BY COUNCILMEMBER ROBINSON, SECONDED BY COUNCILMEMBER MCDOUGAL TO CLOSE HOOD STREET. MOTION UNANIMOUSLY APPROVED. (ATTACHMENT #5) REHABILITATION AWARD RECOMMENDATION INTERIM CITY MANAGER AUTRY STATED THAT ATTACHED THEY WOULD FIND A LETTER FROM TRACEY TAYLOE WITH HOLLAND CONSULTING PLANNERS EXPLAINING THAT FORMAL BIDS WERE RECEIVED FOR CONTRACTING THE CITY OF DUNN REHAB PROGRAM SERVICES AND MS. TAYLOE WAS PRESENT TO EXPLAIN THE BID TABULATION RESULTS AND GIVE HER RECOMMENDATION. TRACEY TAYLOE, WITH HOLLAND CONSULTING PLANNERS STEPPED FORWARD AND STATED THAT BACK IN THE NOVEMBER, 2001 MEETING, THE PRELIMINARY AWARDS WERE MADE FOR EIGHT HOUSES AND ONLY SIX ARE BEFORE THE COUNCIL TONIGHT FOR ACTUAL AWARD. SHE ADDED THAT TWO OF THE HOUSES FROM THE FIRST BATCH DID NOT FIT WITHIN THE PARAMETERS OF THIS PROGRAM BECAUSE OF THEIR HOUSING CONDITION. SHE FURTHER STATED A RECOMMENDATION WAS SENT TO THE COUNTY FOR THESE TWO HOUSES BECAUSE THEY WOULD FIT BETTER INTO THE REHAB STANDARDS OF A BLOCK GRANT PROGRAM SUCH AS THE ONE THE COUNTY IS GETTING READY TO DO MORE SO THAN THEY FIT INTO THE HOUSING FINANCE AGENCY SCHEME, MS. TAYLOE STATED THE FORMAL BID PROCESS WAS USED FOR THE SIX HOMES THAT WERE BEFORE THE COUNCIL TONIGHT. SHE ADDED THAT THE ADVERTISEMENT FOR BIDS WAS IN THE JANUARY 28, 2002 EDITION OF THE DAILY RECORD AND THE CONTRACTOR'S MEETING WAS HELD ON FEBRUARY 4, 2002 IN THE COURTROOM OF THE MUNICIPAL BUILDING. SHE FURTHER STATED BIDS WERE PUBLICLY OPENED ON FEBRUARY 18, 2002. MS. TAYLOE STATED THE FOLLOWING CONTRACTORS WERE RECOMMENDED PROPERTY OWNER: ALTON BENNETT -904 E. POPE ST. JOHN BUTLER -705 E. DIVINE ST. LESSIE WILLIAMS -404 E. JOHNSON ST RUTH CAGLE -707 E. DIVINE ST. BRENDA GILES -1008 N. WILSON AVE. JESSE KIRKSEY -103 JUPITER DR. CONTRACTOR AWARD: J & J REPAIRS MYLES CONSTRUCTION J & J REPAIRS J & J REPAIRS J & J REPAIRS JOHNSTON -LEE COMMUNITY ACTION M MAYOR OUDEH ASKED IF COUNCIL HAD ANYMORE QUESTIONS. COUNCILMEMBER TART ASKED MS. TAYLOE IF THERE WAS A TIME FRAME BEFORE CONSTRUCTION WOULD BEGIN. SHE RESPONDED THAT ONCE THE CITY ATTORNEY COMPLETES THE TITLE OPINIONS AND THE LEAD INSPECTION IS DONE, CONSTRUCTION SHOULD BEGIN IN APPROXIMATELY THIRTY (30) DAYS. MOTION MADE BY COUNCILMEMBER SUMNER, SECONDED BY COUNCILMEMBER ROBINSON TO APPROVE THE BIDS AS REPRESENTED AND AWARD OF THE REHAB CONTRACT. MOTION UNANIMOUSLY APPROVED. (ATTACHMENT #6) AWARD OF LEAD INSPECTION SERVICES FROM SINGLE - FAMILY REHAB PROGRAM INTERIM CITY MANAGER AUTRY STATED THAT TRACEY TAYLOE WITH HOLLAND CONSULTING PLANNERS WAS PRESENT TO EXPLAIN THE LEAD INSPECTION PROCESS AND AWARD OF SAME. TRACEY TAYLOE STATED THIS IS THE FIRST YEAR THAT LEAD INSPECTION HAS BEEN REQUIRED AND WILL LIKELY CONTINUE. SHE ADDED THAT EACH HOUSE THAT IS TREATED WITH HUD FUNDS WILL BE REQUIRED TO HAVE A LEAD INSPECTION AND RISK ASSESSMENT. SHE ADDED FORMAL BIDS WERE RECEIVED ON DECEMBER 21, 2001 FROM TITAN ATLANTIC AND CAROLINA ENVIRONMENTAL AND AFTER REVIEW, IT WAS HER RECOMMENDATION TO ACCEPT CAROLINA ENVIRONMENTAL BID. MOTION MADE BY COUNCILMEMBER BASS, SECONDED BY COUNCILMEMBER ROBINSON TO ACCEPT THE PROPOSALS AND AWARD THE LEAD HAZARD INSPECTION CONTRACT TO CAROLINA ENVIRONMENTAL. MOTION UNANIMOUSLY APPROVED. (ATTACHMENT 0) POLICE DEPARTMENT REPLACEMENT OF VEHICLE INTERIM CITY MANAGER AUTRY STATED THAT ATTACHED THE COUNCIL WOULD FIND INFORMATION ON POLICE VEHICLE #2 THAT WAS INVOLVED IN AN ACCIDENT ON FEBRUARY 6, 2002 AT THE INTERSECTION OF WEST HARNETT STREET AND NORTH FAYETTEVILLE AVENUE. HE ADDED AS NOTED IN THE REPORT, THE POLICE VEHICLE WAS NOT AT FAULT. HE FURTHER STATED DAMAGE TO THE 1995 LUMINA WAS EXTENSIVE AND THE OTHER DRIVER'S INSURANCE COMPANY WITH A VALUE OF $5,349.50 TOTALED THE CAR. THIS AMOUNT WILL BE PAID TOWARDS REPLACEMENT OF THE 1995 CHEVROLET LUMINA AND THE POLICE DEPARTMENT IS ASKING FOR REPLACEMENT WITH A SURPLUS VEHICLE. INTERIM AUTRY STATED THE BUDGET AMENDMENT WAS ATTACHED SHOWING THE APPROPRIATION OF INSURANCE REIMBURSEMENT TO REPLACE THE VEHICLE. HE ADDED CAPTAIN MORRY DENNING WAS PRESENT SHOULD THERE BE ANY QUESTIONS. COUNCILMEMBER BASS ASKED CAPTAIN DENNING WHAT DIVISION USED THIS VEHICLE. CAPTAIN DENNING RESPONDED THE DETECTIVE DIVISION. MOTION MADE BY COUNCILMEMBER ROBINSON, SECONDED BY MAYOR PRO -TEM WOMBLE TO APPROVE THE BUDGET AMENDMENT AND REPLACE THE POLICE VEHICLE. MOTION UNANIMOUSLY APPROVED. (ATTACHMENT # 8 BUDGET AMENDMENT #61) BUDGET INFORMATION FUND BALANCE INTERIM AUTRY STATED THE COUNCIL WOULD FIND A REPORT INFORMING THEM OF THE FUND BALANCE SITUATION AND FINANCE DIRECTOR, RENEE' DAUGHTRY WILL PRESENT THEM WITH AN UPDATED REPORT. FINANCE DIRECTOR, RENEE' DAUGHTRY STEPPED FORWARD. MS. DAUGHTRY STATED THERE WERE CONCERNS ABOUT THE BUDGET CRISIS AND THEY NEED TO DETERMINE WHAT NEEDS TO BE DONE TO ADDRESS THE CURRENT SITUATION. SHE ADDED THAT THE LOCAL GOVERNMENT COMMISSION'S MINIMUM REQUIREMENTS WERE TO HAVE AT LEAST 8% OF THE GENERAL FUND EXPENDITURES AT THE CLOSE OF THE FISCAL YEAR WHICH EQUALS APPROXIMATELY ONE MONTH OF OPERATING EXPENDITURES. SHE FURTHER STATED THIS CAN PRESENT'CASH FLOW PROBLEMS. MS. DAUGHTRY STATED IF THE FUND BALANCE IS DEPLETED, IT WILL RESULT IN A POOR CREDIT RATING AND THE LGC WOULDN'T APPROVE ISSUING OF BONDS OR A LARGE INSTALLMENT PURCHASE. SHE ADDED THE LGC WILL ISSUE A LETTER TO THE GOVERNING BODY WHEN AVAILABLE FUND BALANCE FALLS BELOW % OF THE GROUP WEIGHTED AVERAGE. SHE FURTHER STATED IF THE LGC ISSUES A LETTER, THEY WILL REQUIRE THE CITY TO RESPOND BACK TO THEM AND LET THEM KNOW HOW THE CITY PLANS TO REBUILD THE FUND BALANCE AND HOW ANY EMERGENCY SITUATION WILL BE ADDRESSED. 817 MS. DAUGHTRY STATED THE COUNCIL WOULD FIND AN ATTACHMENT WITH COMPARISONS OF THE GROUP WEIGHTED AVERAGES FOR THE PAST FIVE YEARS. SHE ADDED THAT A GROUP WEIGHTED AVERAGE OF 55% TO 60% HAS BEEN MAINTAINED AND IF THEY WOULD LOOK AT THE CITY OF DUNN THEY WILL FIND THAT SINCE 1998 THERE HAS BEEN A DECLINE IN GENERAL FUND BALANCE AS A PERCENTAGE OF GENERAL FUND NET EXPENDITURES. SHE FURTHER STATED THAT A LETTER COULD BE ISSUED WHEN THE LGC RECEIVES THE AUDITED FINANCIAL STATEMENTS FOR THIS YEAR. THIS LETTER WOULD ADVISE THE CITY THAT THERE IS A DECLINE AND STEPS NEED TO BE TAKEN TO ADDRESS THE FINANCIAL SITUATION. MS. DAUGHTRY STATED THE WORST CASE SCENARIO FOR THE END OF THE CURRENT FISCAL YEAR IS IF STATE COLLECTED REVENUES AND REIMBURSEMENT REVENUES ARE NOT RECEIVED, AND THE CURRENT YEAR IS ADJUSTED FOR THIS REVENUE SHORTFALL USING FUND BALANCE, AND ONLY 5 OF THE EXPENDITURE BUDGET REMAINS AT YEAR END, THE FUND BALANCE COULD POSSIBLY DROP TO AS LITTLE AS 2.3 MILLION AND THIS WOULD PUT THE CITY IN THE 30 -35% RANGE WHICH WOULD RESULT IN POSSIBLY RECEIVING A LETTER FROM THE LGC. MS. DAUGHTRY ADDED THE ESTIMATED EFFECT OF FISCAL YEAR 2002 -2003 PROJECTED REVENUE SHORTAGE COULD POSSIBLY REDUCE THE FUND BALANCE TO LESS THAN $1 MILLION. MS. DAUGHTRY FURTHER STATED IT IS IMPORTANT THAT EVERYONE UNDERSTAND THAT FUND BALANCE IS IDLE CASH WHICH IS INVESTED AT THE HIGHEST ATTAINABLE RATE OF RETURN AND THIS INTEREST EARNED HELPS THE CITY TO MAINTAIN A LOWER TAX RATE. MS. DAUGHTRY STATED WHEN THE FUND BALANCE IS DEPLETED, INTEREST REVENUES MUST BE SUPPLEMENTED BY OTHER SOURCES. SHE ADDED THAT FOR FISCAL YEAR 2000- 2001, THE TAX EQUIVALENT RATE FOR INTEREST EARNINGS WAS .05. SHE FURTHER STATED THAT WITHOUT THE INTEREST EARNINGS, THE TAX RATE WOULD HAVE NEEDED TO BE .51 TO GENERATE THE SAME AMOUNT OF REVENUE FOR THAT FISCAL YEAR. MAYOR PRO -TEM WOMBLE ASKED MS. DAUGHTRY IF THE FUND BALANCE DROPPED TO HALF, WOULD THE TAX RATE NEED TO BE INCREASED BY APPROXIMATELY .03 OR DECREASE SPENDING MONEY. MS. DAUGHTRY RESPONDED YES, OR FIND OTHER REVENUES. MS. DAUGHTRY STATED THAT EFFECTIVE JULY 1, 2003, THRU SENATE BILL 1005, THE COUNTY WILL HAVE THE OPTION TO LEVY A %z CENT LOCAL GOVERNMENT SALES AND USE TAX. SHE ADDED THIS INCLUDES A HOLD HARMLESS CLAUSE TO COVER LOST REIMBURSEMENT REVENUES TO LOCAL GOVERNMENTS. SHE FURTHER ADDED THE HOLD HARMLESS CLAUSE STATES THAT IF THE ADDITIONAL %z CENT SALES TAX DOESN'T SUPPLEMENT ALL THE LOST REVENUES, THEN THE STATE WILL SUPPLEMENT THOSE LOST FUNDS. MS. DAUGHTRY STATED THE LOCAL GOVERNMENT BUDGET AND FISCAL CONTROL ACT REQUIRES THAT A BALANCED BUDGET BE MAINTAINED. SHE ADDED THAT ESTIMATED REVENUES ARE TO INCLUDE ONLY REVENUES REASONABLY EXPECTED TO BE COLLECTED IN THE BUDGET YEAR. SHE FURTHER STATED THAT SINCE THE CITY DOESN'T EXPECT TO COLLECT THESE STATE REIMBURSEMENTS, THEN IT IS MANDATED THAT THE BUDGET MUST BE REDUCED OR BE SUPPLEMENTED WITH FUND BALANCE. INTERIM CITY MANAGER AUTRY STATED A WORK SESSION DATE NEEDS TO BE SET IN THE NEXT TWO TO THREE WEEKS TO DISCUSS THE EXISTING BUDGET FOR AMENDMENT TO BALANCE. HE ADDED THAT THE DEPARTMENT HEADS HAD RECEIVED THEIR BUDGET PACKETS WHICH ARE DUE BACK BY MARCH 29, 2002. HE FURTHER STATED THE COUNCIL NEEDS TO BE AWARE OF THE FUND BALANCE DECREASE: MAYOR PRO -TEM WOMBLE THANKED MS. DAUGHTRY FOR HER EXCELLENT PRESENTATION. HE ADDED THAT THE COUNCIL NEEDS TO MEET SOON ABOUT THIS MATTER TO REACH A CONSENSUS ON HOW TO HANDLE THE PRESENT YEAR DEFICIT. HE FURTHER STATED A DECISION NEEDS TO BE MADE ON WHETHER TO USE THE FUND BALANCE TO BALANCE THE BUDGET OR TO PROPOSE CUTS. INTERIM CITY MANAGER AUTRY STATED HE WOULD GATHER INFORMATION AND SET A DATE. MAYOR PRO -TEM ASKED MS. DAUGHTRY THAT IF REVENUES DON'T INCREASE, THEN WOULD EXPENDITURES HAVE TO DECREASE. MS. DAUGHTRY RESPONDED YES, THE ECONOMY 1S POOR AND SALES AND USE TAX HAS DROPPED THIS YEAR DUE TO THE ECONOMY. SHE FURTHER STATED THE FUND BALANCE IS DEPLETING. PROPOSED RAILROAD OVERPASS INTERIM CITY MANAGER AUTRY STATED THAT MRS. JOY WILLIAMS OF 400 NORTH WILSON AVENUE, HAD REQUESTED TO SPEAK BEFORE THE COUNCIL TO VOICE HER CONCERNS ABOUT THE PROPOSED RAILROAD OVERPASS AND THE SAFETY ISSUES IN THE NEIGHBORHOOD. E:?fE3 MRS. JOY WILLIAMS STEPPED FORWARD AND THANKED COUNCILMEMBERS MCDOUGAL AND BASS FOR THEIR CONCERN ABOUT HER ISSUE. SHE ADDED SHE HAD BEEN MISLED ABOUT THE PURPOSE OF THE OVERPASS. SHE FURTHER STATED IT IS NOT THE NC RAIL SAFETY'S OBJECTIVE TO BUILD AN OVERPASS FOR EMERGENCY SITUATIONS BUT TO CLOSE RAILROAD CROSSINGS. MRS. WILLIAMS STATED IT WAS A PROPOSED OVERPASS AND COULD BE MOVED OR CANCELLED. SHE ADDED KANNAPOLIS, CONCORD AND SNOWCAMP ARE THREE EXAMPLES OF TOWNS THAT DECLINED AN OVERPASS. SHE FURTHER STATED THAT THE NC DOT RAIL DIVISION WILL HOLD A WORKSHOP IN DUNN ON MARCH 26, 2002, TO PROPOSE CLOSING RAILROAD CROSSINGS FOR SAFETY REASONS. MRS. WILLIAMS STATED SHE DID NOT WANT THE SAFETY OF HER NEIGHBORHOOD TO BE JEOPARDIZED IN CLOSING THE CROSSINGS. SHE ADDED THAT THE COUNCIL SHOULD HOLD THEIR OWN WORKSHOPS ON THIS ISSUE. SHE FURTHER STATED THIS OVERPASS WILL CAUSE TRAFFIC PROBLEMS. MRS. WILLIAMS STATED WITH AN OVERPASS, ALL TRAFFIC WOULD COME TO THIS CENTRAL POINT IF OTHER CROSSINGS WERE CLOSED. SHE ADDED IF DUNN WANTS THE OVERPASS FOR PURPOSES OF HOSPITAL TRANSPORTATION, THEN MAYBE THEY NEED TO LOOK AT OTHER LOCATIONS. SHE FURTHER STATED SHE LIKES HER NEIGHBORHOOD AND IT DISTURBS HER THAT SOMEONE CAN DRAW A LINE IN AN AREA THEY KNOW NOTHING ABOUT TO DECIDE UPON AN OVERPASS. MRS. WILLIAMS STATED SHE WOULD USE AN EXECUTIVE ORDER TO STOP THIS PROPOSAL. SHE ADDED THAT ALONG WITH HER NEIGHBORS, AN EXECUTIVE ORDER WILL BE USED. MRS. WILLIAMS ASKED THE COUNCIL WHAT THEY WERE GOING TO DO TO HELP HER NEIGHBORHOOD. COUNCILMEMBER MCDOUGAL RESPONDED THAT THIS IS A PROPOSED ISSUE AND SHE DOESN'T EXPECT THIS COUNCIL TO EXPERIENCE THE OVERPASS AND ADVISED MRS. WILLIAMS NOT TO WORRY ABOUT IT FOR AT LEAST THE NEXT TWO YEARS. INTERIM CITY MANAGER AUTRY STATED THIS OVERPASS IS IN THE TIP (NCDOT TRANSPORTATION IMPROVEMENT PROGRAM) AND HAS BEEN PROPOSED EACH YEAR TO THE STATE FOR THE LAST 10 TO 15 YEARS. COUNCILMEMBER MCDOUGAL RESPONDED THAT SHE AGREED WITH MRS. WILLIAMS THAT THE AREA AFFECTED BY THIS OVERPASS SHOULD BE EDUCATED AND WORKSHOPS SHOULD BE HELD TO INFORM RESIDENTS. INTERIM CITY MANAGER AUTRY STATED THAT THERE WOULD BE A PUBLIC FORUM ON MARCH 26, 2002 FROM 4:00 P.M. UNTIL 7:00 P.M., AT HARNETT PRIMARY SCHOOL BY THE NC DOT RAIL DIVISION. HE ADDED ALL PRELIMINARY STUDIES AND DESIGN WOULD BE CONDUCTED BY DOT. HE FURTHER STATED THIS PLAN WAS PUT IN PLACE BY PRIOR COUNCILS AND NOW THE FUNDS ARE AVAILABLE TO PROCEED WITH THIS PROJECT. MRS. WILLIAMS STATED AN EXECUTIVE ORDER WAS NOT IN PLACE 10 TO 15 YEARS AGO BUT IT WOULD BE USED TODAY. SHE ADDED THE MOST DANGEROUS RAIL CROSSING WAS AT DUNBAR FOODS DUE TO THE POST OFFICE. MAYOR OUDEH THANKED MRS. WILLIAMS FOR HER TIME. MOTION BY COUNCILMEMBER BASS, SECONDED BY COUNCILMEMBER MCDOUGAL TO GO INTO CLOSED SESSION TO DISCUSS THE CITY MANAGER VACANCY AT 8:50 P.M MOTION UNANIMOUSLY APPROVED. CLOSED SESSION NO ACTION WAS TAKEN DURING CLOSED SESSION. BY UNANIMOUS CONSENT, THE CLOSED SESSION ADJOURNED AT 9:34 P.M. MOTION BY COUNCILMEMBER MCDOUGAL, SECONDED BY COUNCILMEMBER ROBINSON TO ADOPT THE TAPE OF THE MEETING AS THE MINUTES OF THE CLOSED SESSION. MOTION UNANIMOUSLY APPROVED. ' MAYOR OUDEH RECONVENED THE REGULAR COUNCIL MEETING AT 9:35 P.M. MOTION BY MAYOR PRO -TEM WOMBLE, SECONDED BY COUNCILMEMBER MCDOUGAL TO CALL A SPECIAL MEETING ON MARCH 21, 2002 AT 7:00 P.M. FOR AN EXECUTIVE SESSION TO DISCUSS PERSONNEL ISSUES. MOTION UNANIMOUSLY APPROVED. INFORMATION MAYOR OUDEH ASKED IF THERE WAS ANY OTHER INFORMATION COUNCIL WOULD LIKE TO DISCUSS. COUNCILMEMBER ROBINSON STATED HE WOULD LIKE TO RECOGNIZE CHIEF GODWIN FOR HIS THIRTY (30) YEARS OF SERVICE TO THE CITY OF DUNN. HE ASKED CHIEF GODWIN TO STEP FORWARD. HE FURTHER ADDED THAT CHIEF GODWIN WAS HIS SUPERVISOR AND HE WANTED TO THANK HIM FOR HIS SERVICE TO THE CITY. COUNCILMEMBER BASS ASKED CHIEF GODWIN WHEN WOULD HE RETIRE. CHIEF GODWIN RESPONDED MARCH 24, 2002. CHIEF GODWIN STATED HE HAS ENJOYED AND LOVED SERVING THE CITIZENS OF DUNN FOR THE LAST THIRTY (30) YEARS. CHIEF GODWIN RECEIVED APPLAUSE FROM THE AUDIENCE. COUNCILMEMBER BASS ASKED TO BE EXCUSED FROM THE APRIL 4 2002 MEETING BECAUSE OF A MILITARY OBLIGATION. COUNCILMEMBER SUMNER ASKED WHEN WOULD WORK BEGIN ON THE FRIENDLY ROAD PROJECT. INTERIM MANAGER AUTRY STATED IN APPROXIMATELY I %z WEEKS. WITH NO FURTHER DISCUSSION, THE FOLLOWING BURIAL RIGHTS WERE EXECUTED: 1. MS. CARLA STRICKLAND AND HER HEIRS, LOT 2, BLOCK 15, SPACE(S) 1 -2 -3, RESTHAVEN CEMETERY. 2. MS. CARRIE HOLLINS AND HER HEIRS, LOT 37, BLOCK 15, SPACE 8, RESTHAVEN CEMETERY. 3. MS. ELLA WILLIAMS AND HER HEIRS, LOT 3, BLOCK 11, SPACE(S) 3 -4, RESTHAVEN CEMETERY. 4. MR. THOMAS LEE FAISON AND HIS HEIRS, LOT 31, BLOCK 13, SPACE 2, RESTHAVEN CEMETERY. 5. MR. WILLIAM EARL HOLLIDAY AND HIS HEIRS, LOT 48, BLOCK 15, SPACE 4, RESTHAVEN CEMETERY. 6. MR. PETER JAMES DAVIS, SR. AND HIS HEIRS, LOT 1, BLOCK 00, SPACE(S) I -2, GREENWOOD CEMETERY. 7. MS. MARILYN MCDOUGALD FLOYD AND HER HEIRS, LOT 42, BLOCK 2, SPACE 3, RESTHAVEN CEMETERY. 8. MS. ANTENNA ANNETTE WILLIAMS AND HER HEIRS, LOT 3, BLOCK 11, SPACE(S) 1 -2, RESTHAVEN CEMETERY. 9. MS. DOROTHY LILLY AND HER HEIRS, LOT 3, BLOCK 13, SPACE(S) 5 -6, RESTHAVEN CEMETERY. 10. MS. LISHA MCKOY AND HER HEIRS, LOT 29, BLOCK 15, SPACE 6, RESTHAVEN CEMETERY. 11. DAFFORD FUNERAL HOME AND HEIRS, LOT 31, BLOCK 13, SPACE 1, RESTHAVEN CEMETERY. 12. WILLIAM & BARBARA TART AND HEIRS, LOT 18, BLOCK X, SPACE(S) 7 -8, GREENWOOD CEMETERY. � +x� ��k F -, �r• f.. ,ti`as,a. DISCUSS, THE MEETING WAS ADJOURNED AT 9:39 P.M. `o.. SEAL • DEBRA G. WEST DEPUTY CITY CLERK '"""� I ` 1