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06202002871 MINUTES CITY OF DUNN DUNN, NORTH CAROLINA THE CITY COUNCIL OF THE CITY OF DUNN HELD A SPECIAL CALL MEETING ON THURSDAY, JUNE 20, 2002, AT 7:00 P.M. IN THE DUNN MUNICIPAL BUILDING. PRESENT WAS MAYOR ABRAHAM OUDEH, MAYOR PRO -TEM MIKE WOMBLE, COUNCILMEMBERS TOBY SUMNER, GEORGE ROBINSON, JOEY TART, DONNIE OLDS AND PAUL BASS. ALSO PRESENT WAS CITY MANAGER MICHAEL USKIEWICZ, PUBLIC WORKS DIRECTOR RONNIE AUTRY, PUBLIC WORKS SUPERINTENDENT THOMAS JERNIGAN, CAPTAIN MORRY DENNING, CAPTAIN RONNIE RADCLIFFE, FINANCE DIRECTOR RENEE' DAUGHTRY, RECREATION DIRECTOR PERRY HUDSON, CHIEF BUILDING INSPECTOR SHANE HUDSON, INTERIM HUMAN RESOURCES OFFICER MOSES GALLION, LIBRARIAN DEBORAH MELVIN, CITY ACCOUNTANT DEBBIE WILLIAMS, UTILITY SERVICES SPECIALIST PATTY PAGE, DEPUTY CLERK DEBRA WEST, CITY ATTORNEY P. TILGHMAN POPE AND DAILY RECORD REPORTER LISA FARMER. INVOCATION MAYOR OUDEH OPENED THE MEETING AT 7:00 P.M. AND ASKED CAPTAIN MORRY DENNING TO GIVE THE INVOCATION. AFTERWARDS, THE PLEDGE OF ALLEGIANCE WAS REPEATED. MAYOR OUDEH CLOSED THE REGULAR MEETING AND OPENED PUBLIC HEARING AT 7:01 P.M. PUBLIC HEARING BUDGET FY 2002 -2003 THE PUBLIC HAS BEEN NOTIFIED THAT THE CITY OF DUNN WILL HOLD A PUBLIC HEARING FOR THE PURPOSE OF RECEIVING PUBLIC COMMENT CONCERNING APPROVAL OF THE FY 2002 -2003 BUDGET. THE PUBLIC HEARING WAS DULY ADVERTISED ON JUNE 11, 2002 AND ALL PERTINENT DATA IS ATTACHED UNDER ITEM VI -l. 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 7:02 P.M. CONSENT ITEMS CONTRACT - COUNCIL CONSIDERED APPROVAL OF THE AVERASBORO FIRE DISTRICT CONTRACT. (ATTACHMENT #1) BUDGET AMENDMENTS - COUNCIL CONSIDERED APPROVAL OF BUDGET AMENDMENTS #105- #111. (ATTACHMENT #2) A MOTION WAS RECEIVED BY COUNCILMEMBER TART, SECONDED BY COUNCILMEMBER BASS TO APPROVE ALL CONSENT ITEMS. MOTION UNANIMOUSLY APPROVED. ITEMS FOR DECISION BUDGET FY 2002 -2003 CITY MANAGER MICHAEL USKIEWICZ STATED THAT BEFORE THE COUNCIL WAS THE BUDGET FOR FY 2002 -2003. ATTACHED ARE THE BUDGET ORDINANCE AND THE BUDGET DOCUMENT FOR FY 2002- 2003. MAYOR OUDEH ASKED IF THERE WAS ANYMORE DISCUSSION. MAYOR PRO -TEM WOMBLE STATED THAT HE OPPOSES THE BUDGET IN ITS CURRENT ^" \ FORM AND THERE ARE SEVERAL ITEMS HE HAS EXPRESSED CONCERN WITH OVER THE LAST SEVERAL MEETINGS. HE ADDED THAT DURING PREVIOUS BUDGET YEARS, WATER AND SEWER RATE INCREASES WERE DISCUSSED. HE FURTHER STATED THAT WHEN THIS COUNCIL TOOK OFFICE, IT HAD BEEN SEVERAL YEARS SINCE THE WATER AND SEWER RATES WERE INCREASED FORCING THIS COUNCIL TO PASS STEEP INCREASES IN COMMERCIAL, BULK AND RESIDENTIAL RATES. MR. WOMBLE STATED IT WAS A GOOD PRACTICE TO INCREASE THE WATER AND SEWER RATES IN ACCORDANCE WITH THE COST OF LIVING AS OPPOSED TO STEEP INCREASES AT ONCE. HE ADDED THIS BUDGET DOES NOT INCLUDE ANY INCREASE IN WATER AND SEWER RATES DESPITE THE CITY'S CONTINUED INCREASE IN COST. HE FURTHER STATED THE CITY ALSO HAD AN INCREASE IN DEBT SERVICE AS A RESULT OF NEW PURCHASES. 872 MR. WOMBLE STATED THAT HE REALIZES THERE WILL BE A STUDY TO EVALUATE THE WATER AND SEWER RATES AND FEELS CERTAIN THIS STUDY WILL SUGGEST THAT THE RATES ARE LOWER THAN THEY SHOULD BE. HE ADDED THAT HE DID NOT WANT TO SEE THE COUNCIL INSTITUTE LARGE INCREASES AT ONE TIME WHEN THEY CAN INCREMENTALLY KEEP THESE RATES CONCURRENT WITH THEIR COST. MR. WOMBLE STATED THAT ANOTHER ITEM HE EXPRESSED OPPOSITION TO IN THE PRIOR YEAR BUDGET WAS THE LONGEVITY SUPPLEMENT. HE ADDED THIS COUNCIL HAS BEEN GENEROUS TO THE EMPLOYEES OF DUNN AND TWO PAY RAISES WERE GIVEN DURING THEIR FIRST TWO BUDGET YEARS. HE ADDED THAT THE LAST PAY RAISE THIS COUNCIL INSTITUTED HAD A 10% INCREASE FOR EMPLOYEES WITH THE MOST LONGEVITY. HE FURTHER STATED HE SUPPORTED THIS RAISE WHICH NARROWLY PASSED AND HAD THIS COUNCIL KNOWN AT THE TIME THAT IN THE SUBSEQUENT YEAR A LONGEVITY SUPPLEMENT WOULD BE IMPLEMENTED, THEN THIS RAISE PROBABLY WOULD NOT HAVE HAD THE SUPPORT TO PASS. MR. WOMBLE STATED THAT THE CURRENT BUDGET HAS NO ROOM FOR ERROR OR CONTINGENCIES AND ALL CAPITAL EXPENDITURES HAVE BEEN ELIMINATED. HE ADDED THEY ARE NOT PROVIDING FOR ANY MAINTENANCE, INFRASTRUCTURE, OR VEHICLE REPLACEMENT. HE FURTHER STATED THIS COUNCIL IS FAILING TO TAKE ADVANTAGE OF COST THEY CAN TRIM WITHOUT REDUCING SERVICES TO THE CITIZENS. HE STATED THAT EVERYONE KNOWS THAT HE SUPPORTS THE CONSOLIDATION OF THE CITY'S DISPATCH WITH HARNETT COUNTY AND THIS IS A HUGE AREA THAT THE CITIZENS CANNOT AFFORD TO PAY TWICE FOR. HE ADDED THEY DO NOT HAVE A VISION OR PLAN TO GET THEM BACK ON TRACK AND THIS BUDGET GOES INTO THE FUND BALANCE BY APPROXIMATELY $900,000.00. HE FURTHER STATED AT THE END OF THIS BUDGET YEAR THAT THIS COUNCIL IS MAKING A DECISION ON, THEY WILL HAVE USED ALMOST 2 MILLION OF THEIR FUND BALANCE AND IN HIS OPINION, THIS IS TOO MUCH WITHOUT A PLAN TO GET THEM BACK ON TRACK. MR. WOMBLE STATED THAT IT WOULD TAKE NEARLY 2 MILLION DOLLARS OF NEW REVENUES JUST TO BALANCE THIS BUDGET AND PROVIDE FOR CAPITAL EXPENDITURES AND MAINTENANCE OF THEIR INFRASTRUCTURE. HE ADDED THIS COUNCIL HAS MADE IT CLEAR THEY WILL NOT INCREASE TAXES AND IF TAXES ARE NOT INCREASED, THEN THE ONLY THING THEY CAN DO IS TO REDUCE COST. HE FURTHER STATED HE WAS CONCERNED THAT THIS COUNCIL WAS PUSHING THEIR RESPONSIBILITY TO THE NEXT COUNCIL. MR. WOMBLE STATED BECAUSE A PRIOR COUNCIL CHOSE NOT TO REPLACE POLICE CARS / IN THE PAST, THIS COUNCIL HAS HAD TO REPLACE SEVERAL OF THEM AND THIS IS AN EXAMPLE OF CLEARLY WHAT WILL HAPPEN AS A RESULT OF THIS COUNCIL'S DECISION BECAUSE THE FY 03 -04 BUDGET WILL NOT BE IN A POSITION TO HAVE SUBSTANTIAL CAPITAL EXPENDITURES EITHER. HE ADDED THAT HE HAD TALKED WITH HARNETT COUNTY TODAY TO UNDERSTAND WHAT THE %: CENT SALES TAX WOULD BRING IF IMPLEMENTED AND HE ALSO TALKED WITH THE LEAGUE OF MUNICIPALITIES TO BE SURE HE HAD A GOOD UNDERSTANDING OF WHAT THE CURRENT BUDGET SITUATION IS AND HOW IT AFFECTS LOCAL GOVERNMENTS. HE FURTHER STATED THE CITY WILL NOT BE ABLE TO WEATHER BUDGET YEAR 03 -04 LIKE THE PROPOSED BUDGET 02 -03 UNLESS THEY SPEND MORE TIME TO UNDERSTAND HOW TO RETURN TO A BALANCED BUDGET AND MOVE FORWARD. MAYOR OUDEH ASKED IF THERE WAS ANYMORE DISCUSSION. COUNCILMEMBER TART STATED THAT HE COULD NOT SUPPORT THE BUDGET AND TAKING $877,000.00 FROM THE FUND BALANCE WAS TOO MUCH MONEY TO TRY TO MAKE UP NEXT YEAR. HE ADDED THEY HAVE BEEN TOLD BY NC LEGISLATURES THAT THEIR DEFICIT WILL POSSIBLY BE THE SAME NEXT YEAR SO THE CHANCES OF RECEIVING MONEY NEXT YEAR ARE SLIM. HE FURTHER STATED IF THE BUDGET IS KEPT AS IT IS, THEN IT DOES NOT ALLOW FOR INSURANCE INCREASES, PAY RAISES, INFRASTRUCTURE, CAPITAL EXPENDITURES OR PROJECTS. MR. TART STATED THAT EVEN IF THEY RECEIVE THE %z CENT SALES TAX, WITH REVALUATION IN YEAR 2003, THEY SHOULD RECEIVE AN ESTIMATED $300,000.00 BETWEEN SEPTEMBER AND DECEMBER, 2003. HE ADDED THAT IF YOU ADD THOSE FIGURES TOGETHER, THE BEST THEY WILL DO IS BREAK EVEN. HE FURTHER STATED �✓ THIS DOES NOT ALLOW FOR ANY EXPENDITURES AND HE DOESN'T SEE HOW THE CITY CAN AFFORD TO SPEND $877,000.00 THIS YEAR OUT OF FUND BALANCE AND HE WILL HAVE TO OPPOSE THIS YEAR'S BUDGET. MAYOR OUDEH ASKED IF ANYMORE DISCUSSION. COUNCILMEMBER SUMNER STATED THAT NONE OF THEM ARE HAPPY WITH THIS BUDGET BUT THE ENTIRE STATE AND MUNICIPALITIES ARE HAVING PROBLEMS WITH THEIR BUDGET AND HE UNDERSTOOD WHAT MR. WOMBLE AND MR. TART WERE SAYING BUT FELT THEY NEEDED TO BE CONCERNED WITH THIS YEAR AND WILL HAVE TO WORK ON THIIDIGS TO DO NEXT YEAR. HE ADDED THEY ARE IN A FINANCIAL PINCH AND THE NC LEGISLATURE MUST HELP THEM AND THEY MUST DO WHAT THEY HAVE TO DO TO KEEP 873 THE CITY RUNNING. HE FURTHER STATED THAT NEXT YEAR THEY WILL HAVE SOME SERIOUS QUESTIONS ABOUT RAISING TAXES AND WILL HAVE TO CONSIDER THIS LATER. MAYOR OUDEH STATED THAT HE WOULD LIKE TO REMIND EVERYONE THAT AN ARTICLE WAS IN THE DAILY RECORD STATING THAT HARNETT COUNTY'S UNEMPLOYMENT RATE WAS 8.9 %. HE ADDED THEY COULD NOT ASK PEOPLE TO PAY MORE MONEY WHEN THEY DON'T HAVE IT. COUNCILMEMBER OLDS ASKED IF THIS IS THE FIRST TIME THE COUNCIL HAS SEEN THIS BUDGET. MAYOR OUDEH RESPONDED NO. COUNCILMEMBER OLDS ASKED IF THE ITEMS BEING ADDRESSED TONIGHT WERE DISCUSSED IN PREVIOUS MEETINGS. THE COUNCIL RESPONDED YES. COUNCILMEMBER BASS STATED THAT HE WAS NOT HAPPY WITH THIS BUDGET BUT HE FEELS THIS IS THE BEST THEY CAN DO THIS YEAR. COUNCILMEMBER ROBINSON STATED HE AGREED WITH MR. BASS. HE ADDED THAT IF THEY CONSIDER ELIMINATING THE CITY'S DISPATCH AT THIS TIME, THEY WILL HAVE A PROBLEM. HE ADDED WHEN THE ECONOMY GOES DOWN, CRIME WILL GO UP AND THIS IS THE LAST PLACE THEY SHOULD CUT. HE FURTHER STATED THE DISPATCH CONSOLIDATION WOULD BE A BAD DECISION AND WILL EVENTUALLY LEAD TO CONTRACTING OTHER CITY SERVICES OUT AND THEY CAN'T FIND $877,000.00 FROM CONSOLIDATING THE DISPATCH. COUNCILMEMBER OLDS STATED HE WAS GOING TO GIVE CREDIT TO MEMBERS OF THE COUNCIL AND ASSUME THAT IN PRIOR MEETINGS THEY DIGESTED THIS BUDGET AND DID AS MUCH AS THEY COULD DO WITH WHAT THEY HAD TO WORK WITH AND FOR THAT REASON HE WOULD SUPPORT THIS BUDGET. HE ADDED THAT EVEN THOUGH HE WAS NOT A PART OF THIS GROUP DURING BUDGET MEETINGS, HE GIVES THESE GENTLEMEN CREDIT FOR HAVING ENOUGH INTELLIGENCE TO LOOK AT IT AND TO MAKE THE BEST DECISION THEY COULD POSSIBLY MAKE FOR THE CITY OF DUNN. MOTION BY COUNCILMEMBER BASS, SECONDED APPROVE THE FY 2002 -2003 BUDGET AS PRESENTED (ATTACHMENT #3) AYES NOES BASS WOMBLE ROBINSON TART SUMNER OLDS DAVID HODGES TAX RELEASE BY COUNCILMEMBER ROBINSON TO . MOTION CARRIED 4 -2. CITY MANAGER USKIEWICZ STATED THAT MR. DAVID HODGES WAS PRESENT TO ASK THE COUNCIL FOR A TAX RELEASE. HE ADDED THAT THE COUNCIL WILL NOTE IN THEIR PACKET THAT MR. HODGES IS ABOUT TO RECEIVE A TAX BILL OF APPROXIMATELY $3770.00. HE FURTHER STATED THIS IS THE RESULT OF MR. HODGES SELLING THIS PROPERTY. MR. USKIEWICZ STATED THAT THE COUNTY DID NOT CODE THIS PROPERTY PROPERLY WHEN MR. HODGES BOUGHT IT 3 %2 YEARS AGO AND MR. HODGES HAS BEEN RECEIVING WATER AND SEWER. HE ADDED THAT ONLY THE COUNCIL CAN RELEASE THIS TAX BILL. MR. DAVID HODGES STEPPED FORWARD AND STATED THAT 3 %z YEARS AGO, HE BUILT A COMMERCIAL PROPERTY ON INTERSTATE 95 TO HOUSE HIS ANTIQUE MALL AND THE JC PENNY CATALOG. HE ADDED AT THAT TIME HE ASSUMED THE PROPERTY WAS IN THE CITY LIMITS. HE FURTHER STATED HE HAD A SECURITY ALARM SYSTEM INSTALLED AND ADVISED THE SECURITY COMPANY TO CALL THE DUNN POLICE DEPARTMENT IF THE ALARM WENT OFF. MR. HODGES STATED THE SECURITY COMPANY NOTIFIED THE DUNN POLICE DEPARTMENT WHEN THE ALARM WENT OFF AND THE DUNN POLICE DEPARTMENT ADVISED THEM THIS PROPERTY WAS NOT IN THE CITY LIMITS. HE ADDED FROM THAT POINT, THE COUNTY RESPONDED TO ANY ALARMS THAT WENT OFF. HE FURTHER STATED THAT AFTERWARDS, HE CHECKED WITH THE CITY OF DUNN TAX COLLECTOR PAM HODGES TO FIND OUT IF HE WAS IN THE CITY LIMITS. MR. HODGES STATED THAT DUNN TAX COLLECTOR PAM HODGES ADVISED HIM THAT HE WAS NOT IN THE CITY LIMITS. HE ADDED THAT SEVERAL MONTHS LATER, J.E. WILSON WAS AT HIS BUSINESS AND THE SUBJECT CAME UP AND MR. WILSON ADVISED HIM THAT HE THOUGHT THE BUSINESS WAS IN THE CITY LIMITS UNLESS CHANGES HAD SINCE BEEN MADE. FIE FURTHER STATED THAT HE CAME BACK TO THE CITY OF DUNN AND TOLD 874 MRS. HODGES TO CHECK AGAIN TO BE SURE IF HE WAS IN THE CITY LIMITS OR NOT BECAUSE HE WAS LEASING THE PROPERTY AND THIS WOULD AFFECT HIS LEASE PRICES. MR. HODGES STATED THAT AGAIN MRS. HODGES TOLD HIM HE WAS NOT IN THE CITY LIMITS. HE ADDED THAT RECENTLY HE SOLD THIS PROPERTY AND ATTORNEY BO JONES WAS HANDLING THE CLOSING AND IT CAME UP THAT HE OWED APPROXIMATELY $3800.00 IN TAXES TO THE CITY OF DUNN. HE FURTHER STATED THAT HE DID RECEIVE WATER AND SEWER SERVICES BUT DID NOT RECEIVE THE POLICE SERVICES. MR. HODGES STATED HE LOST THE AVAILABILITY TO COLLECT THIS IN LEASING THIS PROPERTY. HE ADDED THAT HE WAS ASKING THAT THESE TAXES BE RELIEVED OR FORGIVEN AND GIVEN THE SITUATION THAT HE CHECKED TWICE AND WAS UNABLE TO INCLUDE THAT IN HIS LEASE FIGURES. HE FURTHER STATED THAT 3 %, YEARS LATER WAS TOO LONG FOR THIS KIND OF THING TO GO ON. MR. HODGES STATED THAT $3800.00 MEANS A LOT TO HIM SINCE HE HAS HAD TO SHUT DOWN THREE BUSINESSES IN THE LAST TWENTY -FOUR MONTHS DUE TO THE CURRENT ECONOMY. HE ADDED THAT HE WAS HERE TO APPEAL TO THE COUNCIL'S GOOD JUDGEMENT. MAYOR OUDEH ASKED IF THE COUNCIL HAD ANY QUESTIONS FOR MR. HODGES. COUNCILMEMBER ROBINSON STATED HE DID NOT THINK MR. HODGES SHOULD BE HELD RESPONSIBLE FOR A MISTAKE MADE BY SOMEONE ELSE. COUNCILMEMBER BASS ASKED MR. HODGES IF HE WAS BILLED FOR CITY TAXES DURING THE THREE YEARS. MR. HODGES RESPONDED NO, ONLY COUNTY TAXES. MR. HODGES STATED THAT THE CITY OF DUNN TAX COLLECTOR PAM HODGES TOLD HIM IT WAS JUST AN ERROR WITH THE COUNTY NOT ENCODING THE TAX BILL PROPERLY. COUNCILMEMBER BASS STATED THAT HE AGREED WITH MR. ROBINSON. HE ADDED THIS WAS NOT MR. HODGES FAULT BECAUSE HE CAME TO THE CITY TO CHECK ON THIS AND IT JUST FELL THROUGH THE CRACKS. MAYOR PRO -TEM WOMBLE STATED THAT THE DECISIONS THE COUNCIL MAKES HAVE TO APPLY TO EVERYONE AND BE CONSISTENT WITH PAST AND FUTURE DECISIONS. HE ADDED THAT IT IS UNFORTUNATE THAT A MISTAKE WAS MADE AT THE COUNTY OFFICE AND THE CITY DUPLICATED THIS ERROR. HE FURTHER STATED AS A MATTER OF PUBLIC POLICY, IT WOULD BE WRONG FOR THE COUNCIL TO WAIVE TAXES ON A PARCEL THAT IS CLEARLY IN THE CITY LIMITS. MR. WOMBLE STATED THAT IF THE COUNCIL WAIVES THE TAXES, IT WILL PUT THEM IN A POSITION THAT ANYBODY WITH A MISUNDERSTANDING WOULD HAVE TO BE TREATED THE SAME WHETHER JUSTIFIED OR NOT. MR. HODGES STATED IT WAS NOT A MISUNDERSTANDING AND NO ONE INTERPRETED ANYTHING DIFFERENT BUT HE WAS TOLD BY THE CITY THAT HE WAS NOT IN THE CITY LIMITS. HE ADDED THAT EACH INDIVIDUAL CASE IS DIFFERENT AND ANYTIME THIS TYPE OF SITUATION COMES UP IN THE FUTURE, HE WOULD HOPE THE COUNCIL WOULD FORGIVE THE TAXES AGAIN. CITY MANAGER USKIEWICZ ASKED MR. HODGES WHERE DID HE PAY HIS WATER AND SEWER BILL. MR. HODGES RESPONDED IN DUNN. CITY MANAGER USKIEWICZ ASKED MR. HODGES DID HE APPLY FOR HIS BUSINESS LICENSE WITHIN THE CITY OF DUNN. MR. HODGES DID NOT RESPOND. MR. USKIEWICZ STATED THAT MR. HODGES HAD MENTIONED EARLIER THAT HE CAME BEFORE THE CITY FOR HIS BUSINESS LICENSE. HE ADDED THAT WOULD INDICATE TO HIM THAT MR. HODGES KNEW THAT HE WAS A PART OF THE CITY AND THAT AN ERROR WAS MADE. HE ADDED THAT MR. HODGES COULD COME TO THE CITY OF DUNN AND THE CITY OF DUNN DID NOT NECESSARILY KNOW BECAUSE THEIR INFORMATION COMES FROM THE COUNTY. HE FURTHER STATED THAT AS A TAX PAYER, WE ARE OBLIGATED TO POINT TO THE FACT THAT IF WE ARE JUMPING THROUGH THE HOOPS OF THE CITY AND NOT PAYING CITY TAXES, THEN SOMETHING MUST BE WRONG. I `✓ MR. USKIEWICZ TOLD MR. HODGES IF HE WAS PAYING THE CITY FOR WATER AND SEWER AND IF HE CAME TO THE CITY FOR A BUSINESS LICENSE, THEN HE WAS A RESIDENT OF THE CITY OF DUNN. MR. HODGES TOLD MR. USKIEWICZ THAT HE NEEDS TO UNDERSTAND THAT HE HAS NEVER BEEN IN GOVERNMENT AND DOESN'T UNDERSTAND IT. HE ADDED ALL HE KNOWS IS HE CAME TO THE CITY EARLY ON AND HE WAS TOLD THAT HE WAS NOT IN THE CITY LIMITS. COUNCILMEMBER BASS STATED IF HE CAME TO THE TAX COLLECTOR TWICE, WHY DIDN'T THE CITY LOOK AT THE MAP. 875 MR. HODGES STATED HE DIDN'T THINK IT WAS UNUSUAL TO PAY DUNN FOR WATER AND SEWER BECAUSE HE KNEW THE WATER HAD TO BE PROVIDED BY SOMEBODY. COUNCILMEMBER ROBINSON STATED IF THE CITY OF DUNN WAS SENDING HIM A WATER AND SEWER BILL,. THEN WHY WEREN'T THEY SENDING HIM A TAX BILL. HE ADDED IT WAS JUST AS MUCH THE CITY'S FAULT AS MR. HODGES. MAYOR PRO -TEM WOMBLE STATED THAT THE COUNTY MAINTAINS THOSE RECORDS AND JUST SENDS THE CITY A COPY AND THE CITY SENDS BILLS OUT BASED ON WHAT THE COUNTY GIVES THEM. COUNCILMEMBER ROBINSON STATED MR. HODGES WAS JUST WAITING TO RECEIVE WHATEVER BELONGS TO HIM. COUNCILMEMBER OLDS STATED THAT MR. HODGES MADE SOME EFFORTS TO CORRECT THIS SITUATION AND WHETHER HE MADE ENOUGH IS YET TO BE DETERMINED. HE ADDED THAT IF YOU ARE GETTING SERVICES, YOU KNOW THAT YOU HAVE TO PAY SOMEBODY. HE FURTHER STATED THE QUESTION WAS WHETHER MR. HODGES WAS TOTALLY ACCOUNTABLE. MR. OLDS STATED THE CITY WAS AT FAULT AND SO WAS MR. HODGES. HE SUGGESTED THIS SITUATION BE COMPROMISED BY NOT HOLDING MR. HODGES ACCOUNTABLE FOR THE ENTIRE $3800.00. HE FURTHER STATED MR. HODGES DID PUT FORTH SOME EFFORT BUT BY THAT SAME TOKEN HE HAD ANOTHER AREA OF RESPONSIBILITY'HE SHOULD HAVE EXPLORED. CITY MANAGER USKIEWICZ STATED IT IS NOT PROPER TO HOLD THE CITY AT FAULT FOR SOMETHING THEY HAVE NO CONTROL OVER. HE ADDED THE MAP HE LOOKED AT TODAY CLEARLY SHOWS THIS IS IN THE CITY LIMITS. COUNCILMEMBER ROBINSON ASKED WHY THE CITY DIDN'T CHECK WITH THE COUNTY TO FIND OUT WHY MR. HODGES HAD NOT RECEIVED A TAX BILL AFTER MR. HODGES INQUIRED ABOUT IT. MAYOR PRO -TEM WOMBLE RESPONDED THAT MR. HODGES WAS NOT INQUIRING ABOUT PAYMENT OF HIS PROPERTY TAXES BUT WAS INQUIRING ABOUT OTHER ITEMS. MR. HODGES STATED HE WAS INQUIRING IF HE WAS IN THE CITY LIMITS AND ANYTHING THAT WENT ALONG WITH THAT IS WHAT HE WAS ASKING ABOUT. , COUNCILMEMBER SUMNER STATED HE DOESN'T KNOW IF MR. HODGES IS ACCOUNTABLE FOR THIS BILL SINCE HE CAME TO THE CITY ON TWO DIFFERENT OCCASIONS. HE ASKED CITY ATTORNEY P. TILGHMAN POPE FOR HIS LEGAL POINT OF VIEW. CITY ATTORNEY POPE STATED FROM A LEGAL POINT OF VIEW, THE CITY COUNCIL HAS THE AUTHORITY TO GRANT TAX RELEASES OR NOT TO GRANT IT. HE ADDED IF THE COUNCIL CHOOSES NOT TO GRANT THE TAX RELEASE, THEN THE PROPERTY TAXES WILL BE DUE AND PAYABLE. HE FURTHER STATED THAT WHETHER OR NOT THE CITY WAS AT FAULT, THE CITY WAS RELYING ON INFORMATION PROVIDED BY THE COUNTY AND WHETHER OR NOT MR. HODGES EFFORTS WERE ADEQUATE IN DETERMINING WHETHER OR NOT HE WAS IN THE CITY LIMITS WILL BE UP TO THE COUNCIL. COUNCILMEMBER ROBINSON STATED HE WOULD FEEL THE SAME ABOUT ANOTHER CITIZEN WITH THIS SAME PROBLEM. MAYOR OUDEH ASKED MR. HODGES WHEN DID HE FIND OUT HE OWED THESE TAXES. MR. HODGES RESPONDED A FEW DAYS BEFORE THEY CLOSED THE LOAN. HE ADDED THAT APPROXIMATELY FOUR WEEKS AGO, ATTORNEY BO JONES CALLED HIM AND INFORMED HIM THE TAXES WERE DUE. MAYOR PRO -TEM WOMBLE ASKED MR. HODGES WHY WEREN'T THESE TAXES PAID AT THE TIME THE PROPERTY CLOSED. MR. HODGES RESPONDED BECAUSE HE WANTED A CHANCE TO APPEAL TO THE COUNCIL. HE ADDED THIS MONEY IS IN TRUST AND WILL REMAIN THERE UNTIL THE COUNCIL / ^ MAKES THEIR DECISION. HE FURTHER STATED HE OWES INCOME TAX TO THE IRS AND RECENTLY WROTE THEM A LETTER ADVISING THEM HE SOLD THE BUILDING AND HAS ALLOCATED THE MONEY IN TRUST FOR THE IRS. CITY MANAGER USKIEWICZ STATED THE TAX PAYERS OF DUNN REALIZE WHERE THEY PAY THEIR WATER BILL AND TO GIVE A TOTAL EXEMPTION WOULD NOT GIVE A PROPER PRECEDENCE FOR THIS COUNCIL TO SET. HE ADDED THAT IF THE COUNCIL WAS LOOKING AT SOME PARTIAL RELIEF, HE IS NOT SURE WHEN MR. HODGES CAME TO ASK IF HE WAS IN THE CITY. HE FURTHER STATED IF MR. HODGES INQUIRED ABOUT THIS A COUPLE OF YEARS AGO, THEN HE IS NOT SURE THE EFFORTS OF MR. HODGES WERE ALL THATSTRONG. MAYOR OUDEH ASKED COUNCILMEMBER OLDS WHAT HE MEANT BY PARTIAL PAYMENT. :., COUNCILMEMBER OLDS STATED IT WOULD BE FAIR TO MR. HODGES IF THE CITY WOULD BE RESPONSIBLE FOR HALF THE AMOUNT AND MR. HODGES BE RESPONSIBLE FOR THE OTHER HALF. HE ADDED THIS COULD HAPPEN TO ANYBODY AND MR. HODGES DID PUT FORTH SOME EFFORT TO FIND OUT, HE FURTHER STATED THAT SINCE MR. HODGES DID PUT FORTH AN EFFORT, IT IS WORTH SOME CONSIDERATION THEREFORE HE WOULD BE IN FAVOR OF THE CITY ASSUMING HALF OF THE AMOUNT LISTED. COUNCILMEMBER BASS SUGGESTED TABLING THIS ISSUE AND WOULD LIKE TO TALK TO THE DUNN TAX COLLECTOR PAM HODGES. COUNCILMEMBER TART STATED THE MISTAKE HERE WAS THAT MR. HODGES WASN'T BILLED BUT IF YOU'RE DOING BUSINESS WITH SOMEONE AND THEY DON'T BILL YOU THEN YOU STILL OWE IT. HE ADDED IT IS YOUR DUTY TO PAY IT WHEN BILLED. MOTION BY COUNCILMEMBER BASS, SECONDED BY COUNCILMEMBER ROBINSON TO TABLE THIS ISSUE. COUNCILMEMBER SUMNER STATED THIS WAS A COUNTY ERROR AND THEY WERE ALL GUILTY. CITY MANAGER USKIEWICZ STATED YOU CAN QUESTION CITY TAX COLLECTOR PAM HODGES BUT SHE IS WORKING FROM INFORMATION GIVEN BY THE COUNTY. HE ADDED THIS PROPERTY WAS NOT CODED CORRECTLY UNTIL THE PROPERTY WAS SOLD AND HE DOESN'T SEE WHERE MRS. HODGES MADE AN ERROR. COUNCILMEMBER BASS STATED HE DOES NOT THINK MRS. HODGES MADE AN ERROR BUT JUST HAD SOME QUESTIONS TO ASK HER, COUNCILMEMBER OLDS REMINDED THE MAYOR THAT ONCE A MOTION HAS BEEN MADE TO TABLE, AN ITEM OF BUSINESS CANNOT BE DISCUSSED OR DEBATABLE AND MUST COME TO VOTE AT ONCE AND SINCE THIS MOTION WAS MADE TO TABLE THIS ITEM, THEY ARE TO VOTE ON IT AND THE DISCUSSION IS OVER FROM A PARLIAMENTARY POINT OF VIEW. MAYOR OUDEH STATED THAT COUNCILMEMBER OLDS WAS RIGHT. MOTION BY COUNCILMEMBER BASS, SECONDED BY COUNCILMEMBER ROBINSON TO TABLE THIS ISSUE UNTIL THE NEXT REGULAR COUNCIL MEETING ON JULY 11, 2002. MOTION CARRIED 4 -2. AYES NOES BASS WOMBLE ROBINSON BASS SUMNER OLDS BOARD APPOINTMENTS CITY MANAGER USKIEWICZ STATED THAT DEPUTY CLERK, DEBRA WEST WOULD GIVE THE INFORMATION ABOUT THE BOARD APPOINTMENTS. MOTION BY COUNCILMEMBER SUMNER, SECONDED BY COUNCILMEMBER OLDS TO MAKE THE FOLLOWING RECOMMENDATIONS TO THE COUNTY FOR ETJ APPOINTMENTS TO THE PLANNING BOARD. MOTION UNANIMOUSLY APPROVED. TERM BEGINS TERM ENDS KENNETH LEE -239 GIBSON LN.- DUNN JUNE 30, 2002 JUNE 30, 2005 JANET JOHNSON -1430 LANE RD. -.DUNN JUNE 30, 2002 JUNE 30, 2005 THOMAS JERNIGAN -685 BUD HAWKINS RD.-DUNN JUNE 30, 2002 JUNE 30, 2005 MAYOR OUDEH APPOINTED COUNCILMEMBER DONNIE OLDS TO SERVE AS EX- OFFICIO MEMBER ON THE PLANNING BOARD. MOTION BY COUNCILMEMBER SUMNER, SECONDED BY COUNCILMEMBER OLDS TO APPOINT RALPH RAMOS AS CHAIRMAN OF THE PLANNING BOARD. MOTION UNANIMOUSLY APPROVED. MOTION BY COUNCILMEMBER OLDS, SECONDED BY COUNCILMEMBER TART TO MAKE THE FOLLOWING RECOMMENDATIONS TO THE COUNTY FOR ETJ APPOINTMENTS TO THE BOARD OF ADJUSTMENTS. MOTION UNANIMOUSLY APPROVED. TERM BEGINS TERM ENDS BRIAN JOHNSON -2490 HOBSON RD. -DUNN JUNE 30, 2002 JUNE 30, 2005 GARY BEASLEY -567 AMMONS RD.-DUNN JUNE 30. 2002 JUNE 30, 2005 MAYOR OUDEH APPOINTED CHARLES MCNEILL (TENANT APPOINTMENT YEAR BY YEAR) TO THE DUNN HOUSING AUTHORITY WITH TERM ENDING JUNE 30, 2003. 877 MOTION BY COUNCILMEMBER TART, SECONDED BY COUNCILMEMBER ROBINSON TO MAKE THE FOLLOWING APPOINTMENTS TO THE RECREATION COMMISSION. MOTION UNANIMOUSLY APPROVED. EDDY LANGSTON -1103 W. VANCE ST: DUNN SHIRLEY WHITE-100 FOUNTAIN CIRCLE -DUNN DWAYNE HOLMES -304 N. ASHE AVE: DUNN DENISE WHITMAN -110 BYRD DR. -DUNK TERM BEGINS TERM ENDS JUNE 30, 2002 JUNE 30, 2005 JUNE 30. 2002 JUNE 30, 2005 JUNE 30, 2002 JUNE 30, 2005 JUNE 30, 2002 JUNE 30, 2005 MOTION BY COUNCILMEMBER TART, SECONDED BY COUNCILMEMBER OLDS TO MAKE THE FOLLOWING APPOINTMENTS TO THE LIBRARY BOARD. MOTION UNANIMOUSLY APPROVED. TERM BEGINS FRANCES OPPERMAN -201 PARLIAMENT PL: DUNN JUNE 30, 2002 TERM ENDS JUNE 30, 2005 JACKIE TEW -202 N. ASHE AVE. —DUNN JUNE 30, 2002 JUNE 30, 2003 DEBBIE WILLIAMS -70 WEEKS RD: DUNN JUNE 30, 2002 JUNE 30, 2005 BUILDING PERMIT RATE ADJUSTMENTS CITY MANAGER USKIEWICZ STATED TO THE COUNCIL THAT THIS AGENDA ITEM WAS NOT ON THE OFFICIAL POSTING AND IF THE COUNCIL WISHES TO DISCUSS THIS ISSUE, THE AGENDA WILL NEED TO BE AMENDED OR IT CAN BE DISCUSSED AT THE JULY COUNCIL MEETING. MOTION BY MAYOR PRO -TEM WOMBLE, SECONDED BY COUNCILMEMBER TART TO TABLE THIS ITEM UNTIL THE JULY COUNCIL MEETING. MOTION UNANIMOUSLY APPROVED. WITH NO FURTHER BUSINESS TO DISCUSS, THE MEETING WAS ADJOURNED AT 7:45 P.M. a 1 L11' ate,11. o` GN r .l IO UDEH MAYOR ausc.sn ATTEST: r s e� DEBRA G. WEST DEPUTY CLERK