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07112002Em MINUTES CITY OF DUNN DUNN, NORTH CAROLINA THE CITY COUNCIL OF THE CITY OF DUNN HELD A REGULAR MEETING ON THURSDAY, JULY 11, 2002, AT 7:00 P.M. IN THE DUNN MUNICIPAL BUILDING. PRESENT WAS MAYOR ABRAHAM OUDEH, MAYOR PRO -TEM MICHAEL 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, CAPTAIN RONNIE RADCLIFFE, FINANCE DIRECTOR RENEE' DAUGHTRY, RECREATION DIRECTOR PERRY HUDSON, CHIEF BUILDING INSPECTOR SHANE HUDSON, INTERIM HUMAN RESOURCES OFFICER MOSES GALLION, FIRE CHIEF AUSTIN TEW, PUBLIC WORKS SUPERINTENDENT THOMAS JERNIGAN, LIBRARIAN DEBORAH MELVIN, CITY TAX COLLECTOR PAM HODGES, UTILITY SERVICES SPECIALIST PATTY PAGE, PUBLIC UTILITIES DIRECTOR JOE CAMPBELL, CITY ENGINEER ED POWELL, CITY ATTORNEY P. TILGHMAN POPE, DEPUTY CLERK DEBRA WEST, AND DAILY RECORD REPORTER LISA FARMER. INVOCATION MAYOR OUDEH OPENED THE MEETING AT 7:00 P.M. AND ASKED TOBY SUMMER TO GIVE THE INVOCATION. AFTERWARDS, THE PLEDGE OF ALLEGIANCE WAS REPEATED. PRESENTATIONS SGT. RODNEY ROWLAND, PAL DIRECTOR, PRESENTED A BANNER AND TEAM TROPHY TO THE DUNN VARSITY LADY WILDCATS GIRLS BASKETBALL TEAM FOR COMPETING AND PLACING SECOND IN THE NC STATE GAMES TOURNAMENT. BUILDING INSPECTOR SHANE HUDSON, ON BEHALF OF THE CITY OF DUNN .EMPLOYEES PRESENTED A PLAQUE OF APPRECIATION TO RONNIE AUTRY FOR SERVING AS INTERIM CITY MANAGER. MAYOR OUDEH PRESENTED A PLAQUE TO RONNIE AUTRY FROM THE CITY COUNCIL FOR OUTSTANDING SERVICE AS INTERIM CITY MANAGER. DEPUTY CLERK DEBRA WEST PRESENTED RESOLUTION OF APPRECIAATION PLAQUES TO THE FOLLOWING FOR THEIR SERVICE ON VARIOUS BOARDS: MS. TENSE ELDRIDGE, WHO WAS UNABLE TO ATTEND -2 YEARS AND 8 MONTHS SERVICE ON THE LIBRARY BOARD. (ATTACHMENT #1) MR. EARL BLEACHER - 6 YEARS SERVICE ON THE ABC BOARD. (ATTACHMENT #2) MS. BEVERLY STEWART WHO WAS UNABLE TO ATTEND -6 YEARS SERVICE ON THE BOARD OF ADJUSTMENTS. (ATTACHMENT #3) MR. RALPH THURMAN WHO WAS UNABLE TO ATTEND -3 YEARS SERVICE ON THE RECREATION COMMISSION. (ATTACHMENT #4) MS. PAULA PARKER WHO WAS UNABLE TO ATTEND -6 YEARS SERVICE ON THE RECREATION COMMISSION. (ATTACHMENT #5) MR. DWIGHT TART - 6 YEARS SERVICE ON THE PLANNING BOARD. (ATTACHMENT #6) MR. LEWIS BELL -6 YEARS SERVICE ON THE PLANNING BOARD. (ATTACHMENT #7) MR. ROB JONES WHO WAS UNABLE TO ATTEND -6 YEARS SERVICE ON THE PLANNING BOARD. (ATTACHMENT #8) MR. ALSEY JOHNSON -27 YEARS SERVICE ON THE PLANNING BOARD. (ATTACHMENT #9) MAYOR OUDEH CLOSED THE REGULAR MEETING AND OPENED PUBLIC HEARING AT 7:10 P.M. PUBLIC HEARING VOLUNTARY ANNEXATION JAMES A. GODWIN PROPERTY THE PUBLIC HAS BEEN NOTIFIED THAT ORAL AND WRITTEN COMMENTS WILL BE HEARD AND RECEIVED CONCERNING THE QUESTION OF VOLUNTARY CONTIGUOUS ANNEXATION OF .53 ACRES OF PROPERTY OWNED BY JAMES A. GODWIN AND LOCATED ON SR 1719 (POWELL AVENUE). ~"✓ THE PUBLIC HEARING WAS DULY ADVERTISED ON JUNE 27.202. 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 7:11 P.M. CONSENT ITEMS MAYOR OUDEH ASKED IF THERE WERE ANY CONSENT ITEMS THAT COUNCIL WISHED TO PULL FOR FURTHER DISCUSSION. [m COUNCILMEMBER TART PULLED #7 FIRE INSPECTION FEE SCHEDULE FOR DECISION AND COUNCILMEMBER BASS PULLED #6 BUILDING PERMIT RATE ADJUSTMENTS FOR DISCUSSION. THE FOLLOWING CONSENT ITEMS WERE CONSIDERED BY COUNCIL. MINUTES - COUNCIL CONSIDERED APPROVAL OF MINUTES OF THE JUNE 06, 2002 MEETING, MINUTES- COUNCIL CONSIDERED APPROVAL OF THE SPECIAL CALL JUNE 17, 2002 MEETING. MINUTES - COUNCIL CONSIDERED APPROVAL OF THE SPECIAL CALL JUNE 20, 2002 MEETING. BANK RESOLUTION- COUNCIL CONSIDERED APPROVAL OF A BANK RESOLUTION AUTHORIZING CITY MANAGER MICHAEL USKIEWICZ TO EXECUTE ALL EVIDENCES OF DEBT, DRAW CHECKS, DRAFTS, AND WIRE TRANSFERS UPON A LIST OF FINANCIAL INSTITUTIONS THAT THE CITY IS AUTHORIZED TO CONDUCT BUSINESS WITH. (ATTACHMENT #10) TAX RELEASES/REFUNDS- COUNCIL CONSIDERED APPROVAL OF TAX RELEASES /REFUNDS #1- #2. NCCCMA PROJECT - COUNCIL CONSIDERED APPROVAL OF A $100.00 JURISDICTION CONTRIBUTION FOR FY 02 -03 TO THE NORTH CAROLINA CITY AND COUNTY MANAGEMENT ASSOCIATION CIVIC EDUCATION PROJECT. MOTION BY COUNCILMEMBER TART, SECONDED BY COUNCILMEMBER BASS TO APPROVE ALL CONSENT ITEMS WITH THE EXCEPTION OF ITEM #6 BUILDING PERMIT RATE ADJUSTMENTS AND ITEM #7 FIRE INSPECTION FEE SCHEDULE. MOTION UNANIMOUSLY APPROVED. ITEMS FOR DECISION CITY MANAGER MICHAEL USKIEWICZ ASKED COUNCIL TO ADD TO ITEMS FOR DECISION A DISCUSSION ON WATER CONSERVATION. MOTION BY COUNCILMEMBER BASS, SECONDED BY COUNCILMEMBER OLDS TO ADD DISCUSSION ON WATER CONSERVATION TO ITEMS FOR DECISION. MOTION UNANIMOUSLY APPROVED. VOLUNTARY ANNEXATION JAMES A. GODWIN PROPERTY CITY MANAGER USKIEWICZ STATED THAT JAMES A. GODWIN HAS REQUESTED ANNEXATION OF .53 ACRES OF PROPERTY LOCATED ON SR 1719 (POWELL AVENUE). MOTION BY COUNCILMEMBER BASS, SECONDED BY COUNCILMEMBER SUMNER TO APPROVE AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF DUNN BY THE ANNEXATION OF .53 ACRES OF PROPERTY LOCATED ON SR 1719 (POWELL AVENUE) AND OWNED BY JAMES A. GODWIN. MOTION UNANIMOUSLY APPROVED. (ATTACHMENT #11) VOLUNTARY ANNEXATION BAREFOOT PROPERTY CITY MANAGER USKIEWICZ STATED THAT A PETITION REQUESTING A CONTIGUOUS VOLUNTARY ANNEXATION OF .52 ACRES OF PROPERTY LOCATED AT 4424 ASHE AVENUE HAS BEEN RECEIVED BY OWNERS WILLIAM AND CAROLINE BAREFOOT. SHOULD COUNCIL WISH TO PROCEED WITH THE ANNEXATION, A RESOLUTION DIRECTING THE CLERK TO INVESTIGATE PETITION IS INCLUDED FOR COUNCIL CONSIDERATION. MOTION BY COUNCILMEMBER BASS, SECONDED BY COUNCILMEMBER ROBINSON TO ADOPT A RESOLUTION DIRECTING THE CLERK TO INVESTIGATE PETITION FOR A CONTIGUOUS ANNEXATION OF .52 ACRES OF PROPERTY OWNED BY WILLIAM AND CAROLINE BAREFOOT AND LOCATED AT 4424 ASHE AVENUE. MOTION UNANIMOUSLY APPROVED. (ATTACHMENT #12) GRANT - POLICE MOBILE DATA TERMINALS i CITY MANAGER USKIEWICZ STATED THAT THE POLICE DEPARTMENT HAS RECEIVED A GRANT FROM THE GOVERNOR'S CRIME COMMISSION IN THE AMOUNT OF $24,000.00 FOR THE PURCHASE OF (4) MOBILE DATA TERMINALS TO BE PLACED IN POLICE CARS. HE ADDED THAT THE CITY OF DUNN'S LOCAL MATCH IS $8,000.00. E COUNCILMEMBER TART ASKED MANAGER USKIEWICZ IRANY OF THIS MONEY WAS INCLUDED IN THE BUDGET FOR GRANTS. CITY MANAGER USKIEWICZ RESPONDED NO. HE ADDED THAT A BUDGET AMENDMENT WOULD BE PRESENTED AT THE NEXT COUNCIL MEETING. MANAGER USKIEWICZ FURTHER STATED THERE IS MONEY AVAILABLE DUE TO THE FULLY FUNDED VACANT POLICE CHIEF POSITION. MOTION BY COUNCILMEMBER ROBINSON, SECONDED BY COUNCILMEMBER OLDS TO APPROVE THE GOVERNOR'S CRIME COMMISSION GRANT TO APPROPRIATE CITY FUNDS IN THE AMOUNT OF $8,000.00 FOR THE PURCHASE OF (4) MOBILE DATA TERMINALS. MOTION UNANIMOUSLY APPROVED. DAVID HODGES TAX RELEASE CITY MANAGER USKIEWICZ STATED THAT AT THE LAST COUNCIL MEETING HELD ON JUNE 20, 2002, THIS ISSUE WAS TABLED. HE ADDED THAT MR. DAVID HODGES CAME BEFORE THE COUNCIL ASKING FOR THE RELEASE OF $3,778.31 IN TAXES OWED TO THE CITY OF DUNN. HE FURTHER STATED THAT THE COUNCIL ALSO HAD ATTACHED INFORMATION PERTAINING TO THIS TAX RELEASE, ESPECIALLY N.C.G.S. 105 -348 WHICH CLEARLY STATES THAT PROPERTY OWNERS ARE RESPONSIBLE FOR TAXES WHETHER NOTICED OR NOT AND IT IS THE OWNER'S RESPONSIBILITY TO FOLLOW -UP ON THEIR TAX NOTICES AND BILLS. MANAGER USKIEWICZ STATED THAT BASED ON HIS FINDINGS, HE BELIEVES THE PROPERTY OWNER KNEW THIS PROPERTY WAS IN THE CITY LIMITS. HE ADDED THAT MR. HODGES PAID HIS BUSINESS PERSONAL PROPERTY TAX IN 1999 AND 2000 TO THE CITY OF DUNN. MOTION BY COUNCILMEMBER OLDS, SECONDED BY COUNCILMEMBER ROBINSON TO TAKE THIS ITEM OFF THE TABLE FROM THE JUNE 20, 2002 MEETING AND OPEN BACK UP FOR DISCUSSION. MOTION UNANIMOUSLY APPROVED. MAYOR OUDEH ASKED MR. HODGES TO STEP FORWARD. MR. HODGES THANKED THE MAYOR AND COUNCIL FOR ALLOWING HIM TO AGAIN STATE HIS CASE CONCERNING THE TAX RELEASE ON A COMMERCIAL PROPERTY THAT HE JUST SOLD WHICH IS LOCATED ON INTERSTATE 95. HE ADDED THAT OVER 3 % YEARS AGO HE PURCHASED THE PROPERTY IN QUESTION AND ASSUMED HE WAS IN THE CITY LIMITS. HE ADDED THAT UPON INSTALLING A SECURITY ALARM, HE INFORMED THE MONITORING COMPANY TO NOTIFY THE DUNN POLICE DEPARTMENT IF THE ALARM ACTIVATED. HE FURTHER STATED WHEN THE ALARM ACTIVATED, THE COUNTY RESPONDED AND WHEN HE NOTIFIED THE ALARM COMPANY, HE WAS TOLD THAT THEY HAD BEEN INFORMED BY THE DUNN POLICE DEPARTMENT THAT THIS PROPERTY WAS NOT IN THE CITY LIMITS AND THEY MUST NOTIFY THE COUNTY FOR POLICE PROTECTION. MR. HODGES STATED HE WAS NOT SATISFIED SO ONE DAY IN PASSING HE ASKED MR. SIDNEY DORMAN IF HE WAS IN THE CITY LIMITS. HE ADDED THAT MR. DORMAN RESPONDED YES. HE FURTHER STATED THAT HE TOLD MR. DORMAN THAT THE CITY WAS TELLING HIM HE WASN'T AND MR. DORMAN SAID HE THOUGHT THE CITY LINE STOPPED ON THE OTHER SIDE OF HIS PROPERTY. MR. HODGES STATED THAT HE WANTED THE CITY'S POLICE PROTECTION DUE TO THE FACT THAT IT TOOK THE COUNTY THIRTY MINUTES TO RESPOND. HE ADDED THAT HIS MOTIVES WERE NOT TO PAY MORE TAXES, BUT BECAUSE HE HOUSED ANTIQUES AND COLLECTIBLES FOR OVER FIFTY DEALERS AND THE QUICK RESPONSE FROM THE POLICE IN THE EVENT OF A BREAK -IN WAS THE MOST IMPORTANT SERVICE THAT HIS BUSINESS REQUIRED. HE FURTHER STATED HE STOPPED BY AND ASKED TAX COLLECTOR PAM HODGES TO SEE IF THE PROPERTY WAS IN THE CITY LIMITS. MR. HODGES STATED THAT TAX COLLECTOR PAM HODGES LOOKED AT THE INFORMATION PROVIDED TO HER BY THE COUNTY AND HE WAS TOLD HIS PROPERTY WAS NOT IN THE CITY LIMITS. HE ADDED THAT A FEW MONTHS EARLIER HE WAS TOLD BY MR. J.E. WILSON, WHO SOLD HIM THE PROPERTY, THAT HE THOUGHT THE PROPERTY WAS IN THE CITY LIMITS. HE FURTHER STATED THIS PROMPTED HIM TO CHECK AND AGAIN HE WAS TOLD HE WAS NOT IN THE CITY LIMITS. MR. HODGES STATED THAT HE DID NOT RECEIVE POLICE PROTECTION OR GARBAGE SERVICE FROM THE CITY OF DUNN FOR THE 3 %z YEARS THAT HE OWNED THE PROPERTY. HE ADDED THAT THE CITY OF DUNN STATED TWICE TO HIM AND ONCE TO HIS SECURITY COMPANY THAT HIS PROPERTY AT 1400 INTERSTATE DRIVE WAS NOT IN THE CITY LIMITS. MR. HODGES STATED HE WAS NEVER BILLED BY THE CITY OF DUNN FOR CITY TAXES BUT RECEIVED A BILL FOR WATER AND SEWER WHICH HE PAID EVERY MONTH. HE ADDED THE CITY DISCOVERED THAT THE PROPERTY WAS IN FACT WITHIN THE CITY LIMITS AT THE TIME HE SOLD THE PROPERTY A COUPLE OF MONTHS AGO. ml MR. HODGES STATED AT THE LAST COUNCIL MEETING, CITY MANAGER USKIEWICZ STATED THAT IF HE WAS GETTING WATER AND SEWER FROM THE CITY, THEN THAT ALONE TOLD HIM HE WAS IN THE CITY LIMITS. MR. HODGES STATED THAT HE SPOKE WITH CITY OF DUNN UTILITY SPECIALIST, PATTY PAGE AND SHE INFORMED HIM THAT THE CITY OF DUNN PROVIDES WATER AND SEWER TO LOTS OF PEOPLE OUTSIDE THE CITY LIMITS BY SELLING IT TO OTHER MUNICIPALITIES. HE ADDED THE AVERAGE CITIZEN WOULD NOT KNOW HOW THIS IS DONE OR BILLED. HE FURTHER STATED HE DID NOT THINK THIS UNUSUAL TO RECEIVE THESE SERVICES FROM THE CITY OF DUNN EVEN THOUGH THE CITY PROVIDED NO OTHER SERVICES AND REPEATEDLY SAID HE WAS NOT IN THE CITY LIMITS. MR. HODGES STATED THAT AT THE LAST COUNCIL MEETING, MR. WOMBLE STATED THAT WHATEVER THIS BOARD DECIDED WOULD SET A PRECEDENCE THEY WOULD HAVE TO ADHERE TO IN THE FUTURE. HE ADDED THAT IF THIS IS TRUE, THEN THE PRECEDENCE HAS BEEN SET IN THE CASE OF MR. C.D. GROVES. MR. HODGES READ FROM THE CITY OF DUNN TAX RELEASE VOUCHERS #611 - #615 UNDER EXPLANATION OF REFUND /RELEASE HE QUOTED "THIS IS A DISCOVERY BILL FOR 1994, 1995, 1996, 1997, 1998 TAXES ON PROPERTY THAT MR. GROVES DID NOT KNOW WAS IN THE CITY LIMITS. HE WAS NOT RECEIVING CITY SERVICES DURING THIS TIME SO THE TAXES SHOULD BE RELEASED." HE ADDED THESE TAXES WHICH WERE BETWEEN $700.00 AND $800.00 WERE RELEASED BY THE PRIOR COUNCIL IN 1999. HE FURTHER STATED THE COUNTY MADE SEVERAL MISTAKES IN THE C.D. GROVES SITUATION AND HE HAS LEARNED THEY HAVE A HISTORY FOR MAKING TONS OF MISTAKES. MR. HODGES STATED IT WAS HIS UNDERSTANDING THAT THE MAP INITIALLY SHOWED MR. GROVES WAS IN THE CITY LIMITS OF DUNN BUT SOMETHING FELL THROUGH THE CRACKS AND MR. GROVES DID NOT RECEIVE CITY SERVICES OR A BILL FOR CITY TAXES FOR FIVE YEARS AT WHICH TIME HE APPEALED TO THE CITY FOR A RELEASE AND THE CITY GRANTED IT. HE ADDED THAT IN 1995 A SURVEY WAS DONE WHICH PROVED THAT THE CITY LIMIT LINE WAS IN THE WRONG PLACE ON THE MAP. HE FURTHER STATED A NEW DISCOVERY REVEALED THAT MR. GROVES WAS NOT IN THE CITY LIMITS AT ALL AND TAX RELEASE /REFUND #683 SHOWED THAT MR. WOMBLE MADE THE MOTION, SECONDED BY MRS. MCDOUGAL TO REFUND THE TAXES PAID. MR. HODGES STATED THIS SITUATION IS EXACTLY LIKE HIS EXCEPT HE MADE SEVERAL EFFORTS TO QUESTION IT AND WAS TOLD BY CITY OFFICIALS THAT HE WAS NOT IN THE CITY LIMITS. MR. HODGES STATED AT THE LAST COUNCIL MEETING, COUNCILMEMBER OLDS STATED THAT OBVIOUSLY HE MADE AN ATTEMPT TO FIND OUT IF HE WAS IN THE CITY LIMITS BUT MAYBE HE DIDN'T DO ENOUGH AND SO MAYBE HE SHOULD PAY ONE -HALF OF THE TAXES. MR. HODGES ASKED THE COUNCIL HOW MANY TIMES IS A CITIZEN REQUIRED TO QUESTION A CITY OFFICIAL ABOUT ANY SITUATION CONCERNING HIM AND THAT MUNICIPALITY BEFORE HE IS CONSIDERED TO HAVE DONE ENOUGH. HE ADDED HE COULD HAVE ASKED ONE HUNDRED TIMES AND GOTTEN THE SAME RESPONSE EVERY TIME BECAUSE A MISTAKE WAS MADE. HE FURTHER STATED IT WAS NOT ENCODED ON THE CITY RECORDS AND THAT IS WHERE TAX COLLECTOR PAM HODGES RECEIVED HER INFORMATION. HE STATED THAT IT IS HIS UNDERSTANDING THAT WE OPERATE IN THIS COUNTRY UNDER THE PRETENSE THAT THE ONE WHO MAKES THE MISTAKE PAYS THE FINE AND ACCEPTS THE CONSEQUENCES. MR. HODGES STATED THAT EACH COUNCILMEMBER HOLDS $3,800.00 OF HIS MONEY IN THEIR HANDS TONIGHT AND THEY COULD DO THE RIGHT THING AND GIVE HIM BACK EVERY PENNY OR THEY COULD KEEP IT. HE ADDED THAT THE COUNCIL HAD THE RIGHT TO DO THAT AND MAKE DAVID HODGES PAY FOR THE MISTAKES SOMEONE ELSE MADE. MAYOR PRO -TEM WOMBLE ASKED MR. HODGES IF IT WAS ULTIMATELY FOUND THAT MR. GROVES' PROPERTY WAS NOT IN THE CITY LIMITS. MR. HODGES RESPONDED THAT IT IS WHAT HE WAS TOLD BY TAX COLLECTOR PAM HODGES. MAYOR PRO -TEM WOMBLE ASKED MR. HODGES IF THERE WAS A QUESTION WHETHER OR NOT HIS PROPERTY WAS IN THE CITY LIMITS. MR. HODGES RESPONDED HE COULDN'T TELL HIM BASED ON THE MISTAKES THE COUNTY HAS MADE IN THE PAST. MR. WOMBLE ASKED AS A QUESTION OF FACT NOW, IS THE PROPERTY IN THE CITY LIMITS? MR. HODGES RESPONDED HE RECEIVED A LETTER FROM THE CITY STATING THEY DISCOVERED THE PROPERTY WAS IN THE CITY LIMITS. MR. WOMBLE STATED THERE WAS A BIG DIFFERENCE BETWEEN MR. GROVES RELEASE AND MR. HODGES SITUATION BECAUSE MR. GROVES PROPERTY WAS ULTIMATELY FOUND NOT TO BE IN THE CITY LIMITS. E MR. HODGES STATED HE DID NOT AGREE. HE ADDED WHEN THE PRIOR COUNCIL FIRST RELEASED MR. GROVES TAXES, THEY DID NOT KNOW THE PROPERTY WAS IN THE CITY LIMITS AND FOUND OUT AT A LATER DATE AFTER IT WAS RELEASED, THAT THE PROPERTY WAS NOT IN THE CITY LIMITS BECAUSE MR. GROVES PAID THE TAXES IN 1999. MR. WOMBLE ASKED MR. HODGES IF HE KNEW AT THE MEETINGS IN QUESTION THAT MR. GROVES PROPERTY WAS NOT IN THE CITY LIMITS AND THE PRIOR COUNCIL DID NOT KNOW THAT. MR. HODGES RESPONDED IT WAS HIS UNDERSTANDING THAT MR. GROVES DID NOT KNOW HE WAS IN THE CITY LIMITS AND THIS IS STATED ON THE RELEASE VOUCHERS, MR. WOMBLE ASKED MR. HODGES AT THE TIME THE PRIOR COUNCIL MADE THE RELEASE, DID THEY NOT KNOW AT THE TIME THAT MR. GROVES' PROPERTY WAS NOT IN THE CITY LIMITS. MR. HODGES RESPONDED THAT IT IS HIS UNDERSTANDING THAT THE PRIOR COUNCIL DID NOT KNOW THE PROPERTY WAS NOT IN THE CITY LIMITS WHEN THE RELEASE WAS GRANTED. COUNCILMEMBER BASS ASKED MR. HODGES IF HE PURCHASED A BUILDING PERMIT WHEN HE BUILT HIS BUSINESS. MR. HODGES RESPONDED HE WAS IN SUCH A DILEMMA WHEN HE BUILT THE PROPERTY, HE DOESN'T REMEMBER. HE ADDED HE WAS FORCED TO GET IN THIS BUILDING AS QUICK AS POSSIBLE AND PAID WHATEVER HE WAS TOLD TO GET IN THIS BUILDING. MAYOR PRO -TEM WOMBLE STATED THAT THE PARTICULAR RELEASE #683 FOR MR. GROVES THAT HE VOTED ON STATED "THIS PROPERTY WAS BILLED FOR'99 TAXES IN THE CITY LIMITS AND MR. GROVES PAID THE BILL ON 8/24/99 BUT WE HAVE RECENTLY DISCOVERED THAT THE PROPERTY IS NOT IN THE CITY ". HE ADDED THAT THE PROPERTY WAS NOT IN THE CITY AND THAT IS WHY HE MADE THE MOTION TO RELEASE TAXES. MR. HODGES RESPONDED THAT HE UNDERSTOOD BUT THE PRIOR COUNCIL CHOSE TO RELEASE TAXES ON MR. GROVES PROPERTY WHEN THEY THOUGHT IT WAS IN THE CITY LIMITS AND MR. GROVES WAS NOT BILLED FOR SERVICES. COUNCILMEMBER BASS QUESTIONED MR. HODGES ABOUT THE DUNN POLICE DEPARTMENT RESPONDING TO FOUR CALLS FROM HIS BUSINESS DURING THE TIME PERIOD IN QUESTION. MR. HODGES ANSWERED THAT HE DID NOT KNOW. HE STATED HE KNEW THE DUNN POLICE DEPARTMENT ANSWERED ONE CALL AND WHEN HE CHECKED ON THIS, HE WAS TOLD THAT SOMETIMES THE DUNN POLICE DEPARTMENT WOULD RESPOND IF THE COUNTY COULDN'T. HE ADDED THAT ON ONE OCCASION WHEN IT WAS �✓ CLOSING TIME, HE WAS THREATENED WITH A ROBBERY AND HE CALLED THE DUNN POLICE DEPARTMENT TO INFORM THEM HE COULD NOT WAIT FOR THE COUNTY AND THE DUNN POLICE RESPONDED. MAYOR OUDEH ASKED MR. HODGES IF HE EVER RECEIVED A YEARLY NOTICE FROM THE CITY OF DUNK. MR. HODGES RESPONDED NO, HE NEVER RECEIVED A CITY TAX BILL. MAYOR PRO -TEM WOMBLE ASKED MR. HODGES IF HE HAD RECEIVED A BUSINESS PERSONAL PROPERTY TAX BILL FROM THE CITY OF DUNN. MR. HODGES RESPONDED HE DID NOT KNOW AND HE MIGHT HAVE. MR. HODGES STATED HE MIGHT HAVE PAID A $10.00 TO $20.00 PERMIT. HE ADDED THAT IF LITTLE THINGS CAME THROUGH, HE PROBABLY JUST PAID IT. CITY MANAGER USKIEWICZ STATED THERE WERE A COUPLE OF OBSERVATIONS. HE ADDED THE BUSINESS PERSONAL PROPERTY TAXES WERE PAID TO THE CITY OF DUNN AND HE DID NOT BELIEVE MR. HODGES WOULD HAVE PAID THIS WITHOUT KNOWING HE WAS IN THE CITY LIMITS. HE FURTHER STATED THAT MR. HODGES PAID $3,249.49 FOR A BUILDING PERMIT FROM THE CITY AND IF HE SPENT THIS AMOUNT OF MONEY HE WOULD KNOW WHAT IT WAS FOR. MR. HODGES RESPONDED THAT HE PAID FOR THE BUILDING PERMIT BECAUSE AT THAT TIME HE THOUGHT HE WAS IN THE CITY LIMITS. AFTER FURTHER DISCUSSION ABOUT WHETHER MR. HODGES WAS AWARE OR NOT THAT HIS PROPERTY WAS IN THE CITY LIMITS, MAYOR PRO -TEM WOMBLE OFFERED A MOTION THAT THE TAXES NOT BE RELEASED. MR. WOMBLE STATED IF THE COUNCIL RELEASES THE TAXES ON A PARCEL THAT IS CLEARLY IN THE CITY LIMITS, THEN IT OPENS UP EVERY PARCEL UNDER THE FRINGE AREAS OF THE CORPORATE LIMITS THAT ANYBODY WANTS TO BRING ANY QUESTION ABOUT. MR. WOMBLE ADDED IT WOULD BE VERY EASY FOR SOMEONE NOT OF THE CHARACTER OF MR. HODGES TO RAISE AN ARGUMENT AND BECAUSE THIS COUNCIL RELEASED TAXES ON PROPERTY INSIDE THE CITY LIMITS, THEY WOULD BE COMPELLED TO DO THE SAME THING. MOTION BY MAYOR PRO -TEM WOMBLE, SECONDED BY COUNCILMEMBER BASS NOT TO RELEASE THE TAXES OWED BY DAVID HODGES. gm MAYOR OUDEH ASKED IF THERE WAS ANYMORE DISCUSSION. COUNCILMEMBER OLDS STATED IF THE COUNCIL WAS IN A SITUATION THAT WAS REAL CLEAR THAT NO ONE IN THIS ROOM WAS WITHOUT FAULT, THAT NO ONE FAILED TO DO WHAT THEY SHOULD HAVE DONE, THEN IT WOULD BE AN EASY DECISION TO MAKE. HE ADDED THAT AS HE PREVIOUSLY SAID IN THE JUNE 20, 2002 MEETING, MR. HODGES MADE SOME ATTEMPT. HE FURTHER STATED THAT IT APPEARED THE CITY WAS AT FAULT TO SOME DEGREE. MR. OLDS STATED THEY ALL NEED TO LOOK AT THEMSELVES AND GIVEN THE SAME SITUATION, HOW WOULD THEY FEEL IF THEY WERE MR. HODGES. HE ADDED THE CITY, COUNTY AND MR. HODGES ARE ALL AT FAULT TO SOME DEGREE. HE FURTHER STATED A FAIR COMPROMISE WOULD BE FOR THE CITY TO FORGIVE ONE -HALF THE TAXES OWED AND MR. HODGES PAY THE OTHER ONE - HALF. COUNCILMEMBER ROBINSON STATED MR. HODGES WAS EITHER GUILTY OR NOT GUILTY. HE ADDED IF THE COUNCIL DOES NOT RELEASE THE TAXES, THEN MR. HODGES WILL NOT RECEIVE JUSTICE. COUNCILMEMBER OLDS STATED THAT AS A RESULT OF THIS SITUATION, IT IS HIS HOPE THAT ALL OF THE CITY OFFICIALS AND CITIZENS WILL BE MORE DILIGENT IN TAKING CARE OF BUSINESS. HE ADDED THIS COUNCIL HAS AN OPPORTUNITY TO RESOLVE THIS ISSUE AND IT IS HIS HOPE THAT THE CITY OFFICIALS WILL DO A BETTER JOB NOTIFYING CITIZENS SO THIS WILL NOT HAPPEN AGAIN. COUNCILMEMBER BASS STATED THAT HE HAS LIVED NEXT DOOR TO THE PROPERTY IN QUESTION SINCE 1968. HE ADDED THAT THE DAY HE MOVED IN HIS HOUSE, HE WAS NOT AWARE THAT HIS PROPERTY WAS IN THE CITY LIMITS BUT WHEN HE RECEIVED HIS CITY TAXES, HE HAD TO PAY THEM. HE FURTHER STATED IF A GENERAL STATUTES IS IN PLACE THEN YOU HAVE TO FOLLOW IT TO BE FAIR TO EVERYBODY. COUNCILMEMBER SUMNER STATED HE AGREED WITH MR. OLDS. HE ADDED THAT HE UNDERSTOOD THE GENERAL STATUTES WHICH STATES THAT ALL TAXPAYERS OWE TAXES BUT MR. HODGES MADE A GOOD CASE IN THAT HE ATTEMPTED TO FIND OUT ON THREE DIFFERENT OCCASIONS IF HE WAS IN THE CITY LIMITS. COUNCILMEMBER OLDS OFFERED AN AMENDMENT TO MAYOR PRO -TEM WOMBLE'S MOTION, SECONDED BY COUNCILMEMBER SUMNER THAT THE CITY WAIVE ONE -HALF OF THE TAXES DUE BY MR. HODGES AND MR. HODGES PAY FOR ONE -HALF OF THE TAXES OWED TO THE CITY OF DUNN. MOTION CARRIED 4 -3 AYES NOES OLDS BASS SUMNER ROBINSON TART WOMBLE OUDEH BUILDING PERMIT RATE ADJUSTMENTS CITY MANAGER USKIEWICZ STATED THAT COUNCILMEMBER BASS HAD QUESTIONS ABOUT THE BUILDING PERMIT FEES. BUILDING INSPECTOR SHANE HUDSON STEPPED FORWARD. COUNCILMEMBER BASS QUESTIONED IF BUILDING PERMITS WOULD TRIPLE IN PRICE. INSPECTOR HUDSON RESPONDED NO. HE ADDED THAT THE PERMIT FEES HAD NOT BEEN ADJUSTED SINCE 1994. (THIS ISSUE WAS DISCUSSED BUT DOES NOT REQUIRE COUNCIL APPROVAL WHICH IS WHY A MOTION WAS NOT NECESSARY TO APPROVE) FIRE INSPECTION FEE SCHEDULE CITY MANAGER USKIEWICZ STATED THAT THE FIRE CHIEF IS REQUESTING TO ADJUST THE FIRE INSPECTION FEE SCHEDULE. HE ADDED THE FEES HAVE NOT BEEN ADJUSTED SINCE JUNE 2, 1992 AND THIS CHANGE WILL ONLY AFFECT THE INSPECTION FEE, NOT THE PERMIT FEES. MR. USKIEWICZ STATED THAT BASED ON THE CURRENT COST, ALL INSPECTION FEES ARE $25.00 BUT ONCE YOU GET TO THE LARGER STRUCTURES WHICH CAN TAKE UP TO THREE DAYS TO INSPECT, THE FEE IS STILL $25.00. FIRE CHIEF AUSTIN TEW STEPPED FORWARD FOR QUESTIONS. COUNCILMEMBER TART STATED THAT THE FEES NEED TO BE INCREASED BUT ONCE A STRUCTURE EXCEEDS 10,000 SQUARE FEET, THE INSPECTION FEE GOES UP ASTRONOMICALLY COMPARED TO THE CURRENT CHARGES. HE ADDED THAT THESE BUILDINGS ARE INSPECTED ANNUALLY AND MAYBE IT WOULD BE BETTER NOT TO INSPECT THESE BUILDINGS YEARLY OR THE FEES NEED TO BE ADJUSTED DOWN. CHIEF TEW STATED THAT IT TAKES AN INSPECTOR THREE DAYS TO INSPECT THE LARGEST BUILDING THEY HAVE. HE ADDED IF YOU BASE THIS ON RE- COOPING THE SALARY ALONE, THEN IT WOULD BE $325.00. CHIEF TEW STATED THE CITY SHOULD ONLY CHARGE FOR INSPECTION FEES AND NOT PER VIOLATION FEES AS SOME OTHER COUNTIES. HE ADDED THAT THE CITY IS NOT A BUSINESS AND IT IS NOT THE INTENT TO PROFIT BUT TO ONLY BREAK EVEN ON SALARY. CITY MANAGER USKIEWICZ ASKED CHIEF TEW IF IT WAS POSSIBLE TO INSPECT SOME BUILDINGS BI- ANNUALLY AS SUGGESTED BY COUNCILMEMBER TART. CHIEF TEW RESPONDED THAT IN 1992 THE CITY COUNCIL ADOPTED THE FIRE CODE POLICY TO DO YEARLY FIRE INSPECTIONS. HE STATED THAT YEARLY INSPECTIONS ARE REQUIRED FOR ( THE LARGER BUILDINGS WITH HAZARDOUS OCCUPANCY. �.✓ COUNCILMEMBER TART ASKED CHIEF TEW TO COME UP WITH A RATE THAT IS NOT SO VARIED IN PRICE. MOTION BY COUNCILMEMBER TART, SECONDED BY COUNCILMEMBER BASS TO TABLE THE FIRE INSPECTION FEE SCHEDULE UNTIL THE NEXT COUNCIL MEETING. MOTION UNANIMOUSLY APPROVED. WATER CONSERVATION CITY MANAGER USKIEWICZ STATED WITH THE DROUGHT CONDITIONS ALONG THE CAPE FEAR RIVER, MANY MUNICIPALITIES ARE IMPOSING WATER RESTRICTIONS. HE ADDED AT THIS POINT AND TIME, HE IS REQUESTING THAT THE COUNCIL MAKE A STATEMENT OF VOLUNTARY WATER CONSERVATION WITHIN THE CITY OF DUNN. HE FURTHER STATED SHOULD THIS NOT HELP, THEY WILL ASK FOR A MANDATORY RESTRICTION. MOTION BY COUNCILMEMBER ROBINSON, SECONDED BY COUNCILMEMBER OLDS TO IMPOSE VOLUNTARY WATER CONSERVATION. MOTION UNANIMOUSLY APPROVED. COUNCILMEMBER BASS STATED THAT HE WILL NOT BE PRESENT FOR THE AUGUST 1, 2002 COUNCIL MEETING DUE TO NATIONAL GUARD DUTY IN KANSAS. COUNCILMEMBER ROBINSON ASKED CITY MANAGER USKIEWICZ TO PLACE ON THE NEXT COUNCIL AGENDA UNDER ITEM FOR DECISION; DONATION OF COUNCILMEMBERS SALARY BACK TO THE CITY. ( COUNCILMEMBER OLDS STATED THAT HE HAD BEEN APPROACHED FROM A CITIZEN IN WARD 2, MRS. JOY WILLIAMS TO SPEAK TO THE COUNCIL TONIGHT. MOTION BY COUNCILMEMBER OLDS, SECONDED BY COUNCILMEMBER ROBINSON TO ALLOW MRS. JOY WILLIAMS TO SPEAK TO THE COUNCIL FOR FIVE MINUTES. MOTION UNANIMOUSLY APPROVED. MRS. JOY WILLIAMS STEPPED FORWARD AND STATED SHE WANTED TO SPEAK ABOUT THE RAIL DIVISION WORKSHOP SCHEDULED FOR JULY 18, 2002. SHE QUOTED FROM A LETTER SHE RECEIVED FROM DAVID FOSTER, RAIL ENVIRONMENTAL PROGRAMS MANAGER; "THE PURPOSE OF THIS PROJECT IS TO ELIMINATE THE POTENTIAL OF FUTURE ACCIDENTS BY SEPARATING VEHICLE TRAFFIC FROM RAILROAD TRAFFIC IN DUNN". SHE FURTHER STATED THAT IS THEIR OBJECTIVE IN THEIR PUBLIC NOTICE. MRS. WILLIAMS STATED THAT OVER ONE -HALF OF THE CITY WOULD BE RE- ARRANGED AND CITIZENS INCONVENIENCED FOR THE RAIL DIVISION TO MEET THEIR GOAL. SHE ADDED THE CITIZENS OF DUNN NEED A SAFE ACCESS TO MEDICAL FACILITIES BUT THAT SHOULD BE THE PRIMARY PURPOSE OF ANY PROJECT OF THIS TYPE. SHE FURTHER STATED THAT NO OTHER PROJECT SHOULD PROCEED OVER THE NEEDS OF THE CITIZENS. MRS. WILLIAMS STATED THAT ACCORDING TO MR. GRAFF, HEAD OF THE FEDERAL HIGHWAY ADMINISTRATION, MOST OF THE FUNDING FROM WHICH THIS PROJECT WOULD BE PAID HAS BEEN SPENT FOR PUTTING UP DOUBLE GATES AT THE RAILROAD CROSSINGS, ONE OF THE MOST COST EFFECTIVE AND COST SAFETY FEATURES TO PREVENT FUTURE RAILROAD ACCIDENTS. SHE ADDED IF DOUBLE GATES WERE PUT AT ALL THE CROSSINGS IN DUNN, THE RAIL DIVISION WOULD SUCCEED IN MEETING THEIR OBJECTIVES AND IT WOULD COST A LOT LESS THAN 5.6 MILLION DOLLARS. SHE FURTHER STATED AT THE LAST WORKSHOP, THE RAIL DIVISION ASKED FOR CITIZENS INPUT AND THE NORTH ROUTE GIVEN THEM TO CONSIDER FOLLOWED THE DUNN ERWIN THOROUGHFARE PLAN AND IS THE EXACT SAME PLAN THAT THIS COUNCIL APPROVED. SHE STATED THIS ROUTE DID NOT DISTURB ANY HOMES OR BUSINESS, YET THE RAIL DIVISION COMPLETELY CHANGED THAT ROUTE TO GO OVER EVERY HOUSE IN THAT AREA. MRS. WILLIAMS STATED THE SOUTH PLAN WHICH FOLLOWED THE DUNN ERWIN THOROUGHFARE PLAN CLOSELY AND WOULD ANSWER THE NEEDS FOR DUNN GETTING TO THE HOSPITAL WAS ALSO COMPLETELY CHANGED BY THE RAIL DIVISION. SHE ADDED THAT ALL THEY ARE ASKING IS THAT THESE PLANS BE VIEWED AND TO ATTEND THE UPCOMING WORKSHOP. SHE FURTHER STATED THIS IS THE BIGGEST PROJECT TO HIT DUNN. SHE ASKED THE COUNCIL TO PLEASE COME TO THE UPCOMING WORKSHOP AND SHOW CONCERN BY SHOWING UP AND ASK QUESTIONS TO PROTECT THE CITIZENS WHICH SHOULD BE THE PRIORITY OF THIS ADMINISTRATION. INFORMATION COUNCILMEMBER SUMNER THANKED THE PUBLIC WORKS DIRECTOR, CITY MANAGER AND ENGINEERS FOR WORK BEING DONE ON FRIENDLY ROAD. HE ADDED THAT HE WAS STILL CONCERNED ABOUT THE TILGHMAN ROAD AND ERWIN ROAD INTERSECTION. HE FURTHER STATED THAT IT IS A PROBLEM FOR ANYONE COMING OUT TILGHMAN DRIVE TO TURN LEFT ON ERWIN ROAD. MR. SUMNER STATED THAT THE INTERSECTION OF HIGHWAY 301 AND 421 NEEDS TO BE MARKED MORE CLEARLY AND ASKED THAT PUBLIC WORKS VIEW THIS AREA. CITY MANAGER USKIEWICZ REMINDED THE COUNCIL OF THE OFFICIALS WORKSHOP MEETING WITH THE RAIL DIVISION FROM 3:00 PM TO 4:00 PM ON JULY 18, 2002 AT CITY HALL. MAYOR OUDEH ASKED IF THERE WAS ANY OTHER INFORMATION COUNCIL WOULD LIKE TO DISCUSS. WITH NO FURTHER DISCUSSION, THE FOLLOWING BURIAL RIGHTS WERE EXECUTED: 1. LOYD LEON HAMILTON AND HIS HEIRS, LOT '/4 CIRCLE, BLOCK D, SPACE 9, MEMORIAL CEMETERY. 2. JACKIE R. HALL AND HER HEIRS, LOT 31, BLOCK 0, SPACE(S) 3 -4, GREENWOOD CEMETERY. 3. LAURIE MCLEAN AND HER HEIRS, LOT 55, BLOCK 15, SPACE 1, RESTHAVEN CEMETERY. 4. CAROLYN MCLEAN AND HER HEIRS, LOT 68, BLOCK 8, SPACE 6, RESTHAVEN CEMETERY. 5. DAFFORD FUNERAL HOME AND HEIRS, LOT 31, BLOCK 13, SPACE 5, RESTHAVEN CEMETERY. 6. BLONDIE YOUNG AND HER HEIRS, LOT 20, BLOCK 13, SPACE(S) 3 -4, RESTHAVEN CEMETERY. 7. RUSSELL HOLLIDAY AND HIS HEIRS, LOT 6, BLOCK 6, SPACE(S) 5- 6 -7 -8, RESTHAVEN CEMETERY, 8. WILLIAM BASS AND HIS HEIRS, LOT 40, BLOCK 11, SPACE 2, RESTHAVEN CEMETERY. 9. BETSY MAE MORALES AND HER HEIRS, LOT 47, BLOCK BB, SPACE(S) 3- 4 -7 -8, MEMORIAL CEMETERY. 10. BILLY M. JOHNSTON AND HIS HEIRS, LOT 11, BLOCK DD, SPACE(S) 1 -2, MEMORIAL CEMETERY. 11. JANICE HOLE AND HER HEIRS, LOT 1, BLOCK 00, SPACE 3, GREENWOOD CEMETERY. WITH NO FURTHER BUSINESS TO DISCUSS, THE MEETING WAS ADJOURNED AT 8:21 P.M. '% s pew`ll aat PPP ,oJ G x�1 Qr 4�i OUDEH MA OR ATTEST: DEBRA DEPUTY CITY CLERK JpPP °Pile tl: 1 s'`•`