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08012002eu. MINUTES CITY OF DUNN DUNN, NORTH CAROLINA THE CITY COUNCIL OF THE CITY OF DUNN HELD A REGULAR MEETING ON THURSDAY, AUGUST 1, 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, CITY ACCOUNTANT DEBBIE WILLIAMS, ACCOUNTING TECHNICIAN REGINA YOUNG, RECREATION DIRECTOR PERRY HUDSON, INTERIM HUMAN RESOURCES OFFICER MOSES GALLION, FIRE CHIEF AUSTIN TEW, PUBLIC WORKS SUPERINTENDENT THOMAS JERNIGAN, LIBRARIAN DEBORAH MELVIN, 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 7:05 P.M. AND ASKED MICHAEL WOMBLE TO GIVE THE INVOCATION. AFTERWARDS, THE PLEDGE OF ALLEGIANCE WAS REPEATED. PRESENTATIONS MR. TEDDY J. BYRD, C HAIRMA N OF THE HARNETT COUNTY BOARD OF COMMISSIONERS DISCUSSED THE UPCOMING ECONOMIC DEVELOPMENT SUMMIT, WHICH IS SCHEDULED FROM 3:00 PM TO 5:00 PM ON AUGUST 13, 2002 AT CAMPBELL UNIVERSITY. MR. BYRD STATED THAT HARNETT COUNTY'S TOP PRIORITY IS ECONOMIC DEVELOPMENT AND THANKED THE DUNN CITY COUNCIL FOR THEIR COMMITMENT TO ECONOMIC DEVELOPMENT. HE ADDED THAT OUT OF SIXTEEN (16) COUNTIES IN THE RESEARCH TRIANGLE PARTNERSHIP COMMUNITIES, THERE IS PRESENTLY ONLY ONE (1) CERTIFIED INDUSTRIAL SITE AND IT IS LOCATED IN LEE COUNTY. HE FURTHER STATED THAT IN A FEW WEEKS THERE WILL BE A SECOND CERTIFIED INDUSTRIAL SITE AND ITS LOCATION WILL BE ALONG 301 SOUTH IN HARNETT COUNTY; NAMELY EDGERTON INDUSTRIAL PARK. HE THANKED THE COUNCIL FOR THEIR PART IN BRINGING THIS ABOUT. MR. BYRD STATED THAT THE HARNETT COUNTY BOARD IS COMMITTED TO ECONOMIC DEVELOPMENT AND THE COUNTY WILL GIVE A PRESENTATION ABOUT THEIR GOALS DURING THIS MEETING AT CAMPBELL UNIVERSITY. HE INVITED AND ENCOURAGED THE COUNCIL AND CITIZENS OF DUNN TO ATTEND THIS MEETING. MAYOR OUDEH PRESENTED THE CERTIFICATION OF ACHIEVEMENT FOR EXCELLENCE AWARD TO THE FINANCE DEPARTMENT FOR ITS COMPREHENSIVE ANNUAL FINANCIAL REPORT, FOR THE YEAR ENDED JUNE 30,200 1. SGT. RODNEY ROWLAND, PAL DIRECTOR, WAS PRESENT TO HONOR MR. IRVIN WARREN, (WHO WAS UNABLE TO ATTEND) OF WARREN OIL. THIS PRESENTATION WILL BE RESCHEDULED FOR THE SEPTEMBER MEETING. CONSENT ITEMS MAYOR OUDEH ASKED IF THERE WERE ANY CONSENT ITEMS THAT COUNCIL WISHED TO PULL FOR FURTHER DISCUSSION. MAYOR PRO -TEM WOMBLE PULLED #2 (BUDGET AMENDMENTS) AND #4 (MUNICIPAL TAX CONSULTING & MANAGEMENT AGREEMENT) FOR DECISION.. THE FOLLOWING CONSENT ITEMS WERE CONSIDERED BY COUNCIL. MINUTES- COUNCIL CONSIDERED APPROVAL OF MINUTES OF THE JULY 11, 2002 MEETING. ASSESSMENT RELEASES /REFUNDS - COUNCIL CONSIDERED APPROVAL OF ASSESSMENT RELEASES /REFUNDS #01. MOTION BY MAYOR PRO -TEM WOMBLE, SECONDED BY COUNCILMEMBER SUMNER TO APPROVE ALL CONSENT ITEMS WITH THE EXCEPTION OF ITEM 02 BUDGET AMENDMENTS AND ITEM #4 MUNICIPAL TAX CONSULTING & MANAGEMENT. MOTION UNANIMOUSLY APPROVED. ITEMS FOR DECISION VOLUNTARY ANNEXATION BAREFOOT PROPERTY ME AT THE JULY COUNCIL MEETING, COUNCIL APPROVED A RESOLUTION DIRECTING THE CLERK TO INVESTIGATE PETITION CONCERNING THE VOLUNTARY ANNEXATION OF 0.52 ACRES OF PROPERTY LOCATED AT 4424 ASHE AVENUE. HE ADDED THAT WILLIAM AND CAROLINA BAREFOOT, OWNERS OF THE PROPERTY, HAVE REQUESTED VOLLNTARY ANNEXATION OF THEIR PROPERTY. SHOULD COUNCIL WISH TO PROCEED WITH THE ANNEXATION, THE CLERK HAS PROVIDED A CERTIFICATE OF SUFFICIENCY AND A RESOLUTION FIXING DATE OF PUBLIC HEARING IS ATTACHED FOR COUNCIL CONSIDERATION. MOTION BY COUNCILMEMBER TART, SECONDED BY COUNCILMEMBER OLDS TO APPROVE THE RESOLUTION FIXING DATE OF PUBLIC HEARING AS SEPTEMBER 5, 2002 AND TO PROCEED WITH THE ANNEXATION OF 0.52 ACRES OF PROPERTY LOCATED AT 4424 ASHE AVENUE AND OWNED BY WILLIAM AND CAROLINE BAREFOOT. MOTION UNANIMOUSLY APPROVED. (ATTACHMENT #1) FIRE INSPECTION FEESCHEDULE CITY MANAGER USKIEWICZ STATED THAT THIS WAS DISCUSSED DURING THE LAST COUNCIL MEETING. HE ADDED THAT BEFORE THE COUNCIL WAS A MODIFICATION TO THE FEE SCHEDULE FOR THEIR REVIEW. COUNCILMEMEER TART STATED THAT HE HAS TALKED WITH CHIEF TEW AND ONE OF THE THINGS CHIEF TEW IS TRYING TO ACCOMPLISH IS TO PAY FOR THE SERVICES OF THE INDIVIDUAL DOING THE INSPECTIONS. HE ADDED THAT HE HAS PUT TOGETHER A COST SHEET THAT WOULD COVER THE COST OF THE SERVICE AND IS CONSIDERABLY LESS THAN WHAT IS BEING PROPOSED. HE FURTHER STATED CURRENTLY THE CITY IS CHARGING $25.00 FOR EVERYBODY AND IT IS NOT FAIR IN COMPARISON FOR A SMALL BUSINESS TO PAY THE SAME AS A LARGE ONE. COUNCILMEMBER TART PASSED HIS FEE PROPOSAL TO THE COUNCIL. COUNCILMEMEER OLDS STATED THAT HE HAS RECEIVED FOUR PHONE CALLS FROM LOCAL BUSINESS OWNERS REGARDING THE PROPOSED FEE INCREASE. HE ADDED THAT THESE BUSINESS OWNERS FELT THE FEE WAS ADEQUATE AS IT IS IN VIEW OF THE PRESENT ECONOMIC SITUATION. HE FURTHER STATED THAT THE OWNERS WERE CONCERNED THAT THIS FEE WOULD PUT THEM IN A FINANCIAL BIND. MAYOR OUDEH ASKED CHIEF TEW HOW HE DERIVED AT HIS FIGURES. CHIEF TEW RESPONDED THAT THE FIRST PROPOSAL HE SUBMITTED WAS A WORST CASE SCENARIO OF $750.00 ON THE TOP END BECAUSE HE KNEW FEES NEEDED TO BE DISCUSSED. HE ADDED THAT THE COUNCIL CAN DISCUSS BRINGING FEES DOWN. HE FURTHER STATED THAT THE FIRST FEE PROPOSAL THAT HE SUBMITTED IS THE EXACT FEE SCHEDULE THAT JOHNSTON COUNTY CURRENTLY USES. CHIEF TEW STATED THAT HE HAS NO PROBLEM WITH THE FIGURES THAT COUNCILMEMBER TART HAS PROPOSED. HE ADDED THAT HIS CONCERN WAS THAT IF THEY CHARGE ANY FEES AT ALL, THEY SHOULD CHARGE FEES EQUITABLE BY THE BUSINESS SIZE. COUNCILMEMBER BASS STATED THAT SOME BUSINESS OWNERS HAD CALLED HIM EXPRESSING CONCERN WITH THE FEES. CHIEF TEW STATED THAT INSPECTIONS WILL BE DONE REGARDLESS OF RATE STRUCTURE BECAUSE THIS IS MANDATED BY THE STATE. COUNCILMEMBER TART STATED THAT THE FEE STRUCTURE HE SUBMITTED WOULD ONLY COVER THE EXPENSES OF THE EMPLOYEE. HE ADDED THAT IF THEY P.RE GOING TO CHARGE FOR THIS SERVICE, THEN THE ONLY WAY TO MAKE IT FAIR IS THAT THE FEE SCALE INCREASE FOR THE LARGER BUSINESSES. MANAGER USKIEWICZ STATED THAT THE CITY NEEDS TO RE -COUP SOME OF THE COST. HE ADDED THAT HE NOTICED IN COUNCILMEMBER TART'S PROPOSAL, THERE WAS NO MENTION OF REINSPECTION FEES, WHICH IS A MAJOR CONCERN. HE FURTHER ASKED COUNCILMEMBER TART IF HE WAS SATISFIED WITH THE REINSPECTION FEE PROPOSED BY CHIEF TEW. COUNCILMEMBER TART RESPONDED HE WAS SATISFIED WITH THE REINSPECTION FEE PROPOSED BY CHIEF TEW. COUNCILMEMBER TART ASKED CHIEF TEW TO EXPLAIN THE REINSPECTION PROCESS. CHIEF TEW RESPONDED THAT AFTER THE INITIAL FIRE INSPECTION, THE BUSINESS IS GIVEN THIRTY DAYS TO CORRECT THE VIOLATIONS FOUND. HE STATED THAT THEN THERE WILL BE A FOLLOW -UP INSPECTION AT NO CHARGE TO BE SURE THE VIOLATIONS HAVE BEEN CORRECTED. HE ADDED IF NOT, THEN THE FIRST REINSPECTION ($45.00 FEE) IS SCHEDULED. HE FURTHER STATED THIS FEE IS CHARGED ON THE THIRD VISIT. m MAYOR PRO -TEM WOMBLE STATED THAT HE AGREED THAT THE INSPECTION FEE SHOULD NOT BE THE SAME FOR A SMALL BUSINESS AS COMPARED TO A LARGE ONE. MOTION BY MAYOR PRO -TEM WOMBLE, SECONDED BY COUNCILMEMBER SUMNER TO ADOPT COUNCILMEMBER TART'S FIRE INSPECTION FEE SCHEDULE WITH REINSPECTION FEES AS PRESENTED BY CHIEF TEW'S PROPOSAL. MOTION UNANIMOUSLY APPROVED. (ATTACHMENT #2) WIRELESS COMMUNICATIONS MANAGEMENT AGREEMENT CITY MANAGER USKIEWICZ STATED THAT MR. SCOTTY WILKINS, REPRESENTATIVE OF UTILITY SERVICE COMMUNICATIONS CO., INC. IS PRESENT TO MAKE A BRIEF STATEMENT CONCERNING THIS AGREEMENT. MR. SCOTTY WILKINS STEPPED FORWARD AND STATED THAT HIS COMPANY, UTILITY SERVICE COMMUNICATIONS, HAS BEEN IN BUSINESS SINCE 1963. HE ADDED THAT THEY CURRENTLY HAVE 4500 TANKS UNDER THEIR TANK MAINTENANCE AND 1250 TANKS ARE UNDER THE ANTENNA MANAGEMENT AGREEMENT. HE FURTHER STATED THAT UTILITY SERVICE COMMUNICATIONS PREMISE IS TO PROTECT THE STRUCTURAL INTEGRITY OF THE WATER TANKS AND TO ENSURE THE CITY OF DUNN HAS NO LIABILITY, COST OR DEBT WITHIN THIS SERVICE. MAYOR OUDEH ASKED IF ANYONE HAD ANY QUESTIONS FOR MR. WILKINS. COUNCILMEMBER TART QUESTIONED MR. WILKINS ABOUT ITEM #6 OF THE MANAGEMENT AGREEMENT CONCERNING THE CITY ONLY BEING PAID AT THE END OF THE YEAR. MR. WILKINS RESPONDED THAT IS CORRECT. HE ADDED WITH 1250 CUSTOMERS, THE CARRIER WILL SOMETIMES PAY MONTHLY, QUARTERLY OR ANNUALLY AND IT IS A CLERICAL NIGHTMARE FOR HIS ACCOUNTING DEPARTMENT TO TRY TO SORT OUT AND BILL EVERY CUSTOMER ON A DIFFERENT SCHEDULE. HE FURTHER STATED IT IS EASIER TO PAY ALL THEIR CUSTOMERS ON AN ANNUAL BASIS. HE STATED THAT THEY HAVE A LOT OF CUSTOMERS BOTH ON THE TANK MAINTENANCE SIDE AND UNDER ANTENNA MANAGEMENT. COUNCILMEMBER TART ASKED MR. WILKINS IF HIS CARRIERS PAID HIM UP FRONT. MR. WILKINS RESPONDED THAT IT VARIES CASE BY CASE AND EVERYONE PAYS DIFFERENTLY. HE STATED THAT PAYMENT IS NEGOTIATED IN THE LICENSE AGREEMENT WHICH IS USUALLY WORKED OUT BETWEEN THEIR ATTORNEY, SITE MANAGEMENT, AND THE CITY'S ATTORNEY. COUNCILMEMBER TART STATED HE DOES NOT AGREE WITH THE PART OF THE CONTRACT WHEREAS THE CITY IS ONLY PAID AT THE END OF THE YEAR. HE ADDED IF SOMEONE PUTS UP AN ANTENNA ON THE CITY WATER TOWER AND TEN MONTHS LATER, THE COMPANY GOES OUT OF BUSINESS AND UTILITY SERVICE COMMUNICATIONS IS NOT PAID, THEN THE CITY WOULD NOT COLLECT. MR. WILKINS RESPONDED THAT IF FEES HAD BEEN COLLECTED, THE CITY WOULD RECEIVE 70% OF THAT REVENUE. HE ADDED THAT ALL THE LANGUAGE THAT IS PUT IN THE CONTRACT IS TO PROTECT THE CITY AND TO PROTECT UTILITY SERVICE COMMUNICATIONS. HE FURTHER STATED THEY ARE TRYING TO PARTNERSHIP WITH THE CITY TO PROTECT THE CITY'S ASSETS. MR. WILKINS STATED THAT ONCE AGAIN THEIR PREMISE IS TO PROTECT THE STRUCTURAL INTEGRITY AND THE PROTECTIVE COATINGS AND TO ENSURE THE CITY THAT IF ANTENNAS ARE PUT ON THE WATER STORAGE VESSEL, IT WILL NOT COST THE CITY MORE MONEY DOWN THE ROAD. HE ADDED THAT WITH UTILITY SERVICE COMMUNICATIONS SERVING 4500 TANKS, THEY FEEL THEY CAN CREATE A MUCH HIGHER REVENUE FOR THE CITY BECAUSE THEY HAVE MORE OPPORTUNITIES FOR THE CARRIERS PLUS THEY KNOW THE INDUSTRY. HE FURTHER STATED THAT IF THERE WAS A MERGER OR IF HIS COMPANY WENT OUT OF BUSINESS, THERE IS LANGUAGE IN THE LICENSE AGREEMENT, WHICH TILGHMAN HAS REVIEWED, THAT PROTECTS THE CITY. MAYOR PRO -TEM WOMBLE ASKED MR. WILKINS IF HIS COMPANY IS BONDED TO SECURE THE CITY'S PAYMENT FROM UTILITY SERVICE COMMUNICATIONS SHOULD SOMETHING HAPPEN TO HIS COMPANY. MR. WILKINS RESPONDED YES. COUNCILNMM13ER OLDS ASKED MR. WILKINS IF THERE WAS A LIMIT AS TO THE NUMBER OF ANTENNAS THAT CAN BE PLACED ON THE WATER TANK. MR. WILKINS RESPONDED THAT A STRUCTURAL ANALYSIS WOULD BE REQUIRED AND WHEN A CARRIER APPROACHES THE CITY, THEN ANOTHER CARRIER WOULD BE EXCLUDED. HE STATED THAT HIS COMPANY IS TRYING TO MAXIMIZE THE CITY'S POTENTIAL TO CREATE THE BEST OPPORTUNITIES. HE ADDED THAT THEIR STRUCTURAL ENGINEER WILL CONDUCT A STRUCTURAL ANALYSIS ON THE TANK FABRICATION TO DETERMINE THE NUMBER OF CARRIERS THE TANK WILL ALLOW. COUNCILMEMBER OLDS ASKED MR. WILKINS WHO ASSUMES THE COST FOR MODIFICATIONS TO MAKE A TANK USABLE. MR. WILKINS RESPONDED THAT UTILITY SERVICE COMMUNICATIONS WILL ASSUME THOSE COST. HE STATED THAT THIS ALL FALLS ON UTILITY SERVICE COMMUNICATIONS AND THERE IS NO COST OR LIABILITY TO THE CITY. THERE WAS DISCUSSION WITH MR. WILKINS, THE COUNCIL AND THE CITY ATTORNEY ABOUT CONCERNS WITH THE LANGUAGE OF THE AGREEMENT CONCERNING THE EXCLUSION OF RENEWAL CLAUSES. CITY ATTORNEY TILGHMAN POPE ADVISED COUNCIL THAT HE HAD TALKED WITH OTHER GOVERNMENT ENTITIES, INCLUDING HARNETT COUNTY, WHO HAVE THIS SAME AGREEMENT. MR. WILKINS STATED THE LICENSE AGREEMENT SUPERCEDES THIS AGREEMENT. HE ADDED THAT THE LICENSE AGREEMENT WILL BE WRITTEN AT TWENTY -FIVE YEARS, WITH FIVE YEAR INTERVALS, AND IN THE LICENSE AGREEMENT, IT WILL STATE THAT THE CITY WILL HAVE THE RIGHT TO CANCEL THIS CONTRACT. HE FURTHER STATED FOR AN EXAMPLE, IF THE CITY DETERMINED THEY DO NOT WANT THE CONTRACT TO BE IN PLACE ON THE TENTH YEAR OF THE LICENSE AGREEMENT, THEN THE OTHER FIFTEEN YEARS WOULD BE NULL AND VOID BECAUSE THE CONTRACT ENDS. MAYOR PRO -TEM WOMBLE ASKED MR. WILKINS IF HE WAS SAYING THAT THE CITY HAD THE SAME POWER AS UTILITY SERVICE COMMUNICATIONS WITH THE ANTENNA LICENSEE AND THE CITY CAN CONTROL THE TERMS OF UTILITY SERVICE COMMUNICATIONS LEASE WITH THEIR LICENSEE. MR. WILKINS RESPONDED YES. CITY ATTORNEY POPE STATED THAT UTILITY SERVICE COMMUNICATIONS WILL GO OUT AND MARKET THE CITY'S WATER TOWERS TO ANTENNA CARRIERS. HE ADDED THAT UTILITY SERVICE COMMUNICATIONS WILL NEGOTIATE THE LICENSE AGREEMENT WITH INPUT FROM HIMSELF AND THEIR ATTORNEY. HE FURTHER STATED THAT ONCE THEY ALL COME TO A LICENSE AGREEMENT THAT IS ACCEPTABLE TO ALL PARTIES, INCLUDING THE CITY, A FINAL DRAFT AGREEMENT WILL BE PRESENTED. HE STATED THAT AFTER THEY REACH A FINAL DRAFT, THE CITY WILL HAVE FORTY -EIGHT HOURS TO REVIEW THE AGREEMENT BEFORE IT IS EXECUTED. MOTION BY MAYOR PRO -TEM WOMBLE, SECONDED BY COUNCILMEMBER OLDS TO EXECUTE A MANAGEMENT AGREEMENT WITH UTILITY SERVICE COMMUNICATIONS, AS PROPOSED, WITH TWO ADDITIONS TO REFLECT THE CITY'S SECURITY OF THE AMOUNTS DUE TO THE CITY OF DUNN AND ADDITION TO REFLECT THE DISCUSSION HELD TONIGHT CONCERNING THE CITY'S ABILITY TO CANCEL THE MANAGEMENT AGREEMENT. MOTION UNANIMOUSLY APPROVED. (ATTACHMENT #3) CITY ATTORNEY POPE ASKED MR. WOMBLE IF HE UNDER STOOD THE INTENT OF HIS MOTION TO BE THAT FOLLOWING THE COUNCIL MEETING, ATTORNEY POPE AND THE NATIONAL SITE MANAGER FOR UTILITY SERVICES AGREE UPON LANGUAGE TO REFLECT THE INTENT OF YOUR MOTION, WOULD YOU BE AUTHORIZING THE MAYOR TO ENTER INTO THAT AGREEMENT WITH ACCEPTABLE LANGUAGE TO THE CITY ATTORNEY. MR. WOMBLE RESPONDED YES. FUNDING FOR WASTEWATER PLANT PROJECT CITY MANAGER USKIEWICZ STATED THAT THE UTILITY DEPARTMENT IS REQUESTING FUNDS IN THE AMOUNT OF $40,000.00 FOR A MANDATORY UPDATE IN FLOW MONITORING AT THE BLACK RIVER WASTEWATER PLANT. HE ADDED THIS WAS DISCUSSED IN THE PREVIOUS BUDGET YEAR, HOWEVER, AMPLE FUNDS WERE NOT AVAILABLE AND THEREFORE A BUDGET AMENDMENT IS NEEDED TO COME OUT OF FUND BALANCE. HE FURTHER STATED THIS IS MANDATED AND THEY NEED THIS BUDGET AMENDMENT SO THE CITY DOES NOT LOSE THEIR PERMIT. MAYOR OUDEH ASKED IF ANYMORE QUESTIONS. MAYOR PRO -TEM WOMBLE ASKED IF THIS BUDGET AMENDMENT WOULD COME OUT OF THE WATER AND SEWER FUND. MANAGER USKIEWICZ RESPONDED YES. MAYOR PRO -TEM WOMBLE ASKED WHY DID THE COUNCIL NOT KNOW ABOUT THIS AND WHY WASN'T IT INCLUDED IN THE ORIGINAL BUDGET. MANAGER USKIEWICZ RESPONDED HE DID NOT KNOW. HE ADDED IT WAS ONE OF THOSE THINGS THAT SLIPPED THROUGH THE CRACKS. MAYOR OUDEH ASKED IF ANYMORE QUESTIONS. MOTION BY COUNCILMEMBER SUMNER, SECONDED BY COUNCILMEMBER ROBINSON TO APPROVE THE BUDGET AMENDMENT #6 TO APPROPRIATE FUNDS IN THE AMOUNT OF $40,000.00 FOR A MANDATORY UPDATE IN FLOW MONITORING AT THE BLACK RIVER WASTEWATER PLANT. MOTION UNANIMOUSLY APPROVED. (ATTACHMENT #4) W COMPENSATION FOR COUNCILMEM 3ERS CITY MANAGER USKIEWICZ DEFERRED THIS AGENDA ITEM OVER TO COUNCILMEMBER ROBINSON WHO REQUESTED THAT COMPENSATION FOR COUNCILMEMBERS BE DISCUSSED. COUNCILMEMBER ROBINSON STATED THERE WERE A LOT OF HARD WORKING CITY EMPLOYEES THAT DID NOT GET A RAISE THIS YEAR. HE ADDED THAT THE INSURANCE HAS BEEN CANCELLED FOR COUNCILMEMBERS AND HE FELT HE WAS TAKING ADVANTAGE OF THE CITY BY ACCEPTING HIS SALARY. MOTION BY COUNCILMEMBER ROBINSON TO DONATE THE COUNCILMEMBER'S SALARY BACK TO THE CITY OF DUNN. MOTION DIED FOR LACK OF SUPPORT. AMENDMENT- SAFETY POLICY CITY MANAGER USKIEWICZ STATED THAT SAFETY OFFICER, MOSES GALLION WOULD APPROACH THE COUNCIL TO EXPLAIN THIS AMENDMENT. MR. GALLION STEPPED FORWARD AND STATED THAT THE SAFETY COMMITTEE MET AND DISCUSSED THIS AMENDMENT A FEW WEEKS AGO. HE ADDED THAT IN 1997, THE COUNCIL ADOPTED A POLICY TO REQUIRE ANY CITY EMPLOYEE DEEMED TO BE NEGLIGENT IN AN ACCIDENT INVOLVING A CITY VEHICLE, TO PAY ONE -HALF OF THE INSURANCE DEDUCTIBLE, OR IF THE DAMAGE IS LOWER THAN THE DEDUCTIBLE, THE EMPLOYEE CARRIES THE VEHICLE OR PIECE OF EQUIPMENT TO A BODY SHOP OF HIS OR HER CHOICE TO BE REPAIRED AT THE EMPLOYEE'S EXPENSE. MR. GALLION STATED THAT THE SAFETY COMMITTEE IS REQUESTING THE AMENDMENT TO THE SAFETY POLICY TO STATE THAT ANY CITY EMPLOYEE DEEMED TO BE NEGLIGENT IN AN ACCIDENT INVOLVING A CITY VEHICLE SHALL PAY ONE -HALF OF THE INSURANCE DEDUCTIBLE OR THE COST OF PROPER REPAIR, WHICHEVER IS LESS, REGARDLESS OF WHETHER REPAIRS ARE MADE OR NOT. HE ADDED THAT THE DEPARTMENT HEAD SHALL BE AUTHORIZED TO DETERMINE WHETHER THE DAMAGES TO THE VEHICLE ARE TO BE REPAIRED OR NOT BASED ON AGE AND CONDITION OF THE VEHICLE. MAYOR PRO -TEM WOMBLE ASKED MR. GALLION WHAT PROMPTED THE SUGGESTED c CHANGE. MR. GALLION RESPONDED AN INCIDENT THAT OCCURRED INVOLVING A VEHICLE AT PUBLIC WORKS THAT HAD A TREMENDOUS AMOUNT OF DENTS. HE ADDED THAT WHEN THE SAFETY COMMITTEE REVIEWED THIS ACCIDENT, THE SAFETY COMMITTEE DEEMED THE EMPLOYEE NEGLIGENT; HOWEVER, WITH THE DAMAGES ALREADY EXISTING ON THIS VEHICLE, REPAIRING IT WOULD NOT BE PRACTICAL. MAYOR PRO -TEM WOMBLE ASKED CITY ATTORNEY POPE IF HE HAD ANY PROBLEM WITH THIS MODIFICATION. MR. POPE RESPONDED HE DID NOT HAVE ANY PROBLEMS WITH THE MODIFICATION IF THE COUNCIL SO CHOOSES. COUNCILMEMBER TART ASKED MR. GALLION WHAT WAS THE CITY'S DEDUCTIBLE. MR GALLION RESPONDED $500.00 PER INCIDENT. HE STATED THE MAXIMUM AN EMPLOYEE WILL PAY IF THE ACCIDENT IS DEEMED THEIR FAULT, IS $250.00. COUNCILMEMBER BASS STATED THAT HE DID NOT AGREE WITH THIS AMENDMENT. HE ADDED IF AN EMPLOYEE PAYS FOR THE DAMAGES TO A VEHICLE, THEN HE FEELS THE VEHICLE SHOULD BE REPAIRED. COUNCILMEMBER ROBINSON ASKED MR. GALLION HOW ARE PAYMENT ARRANGEMENTS MADE SHOULD AN EMPLOYEE HAVE TO PAY FOR DAMAGES. MR. GALLION RESPONDED THAT IN A PRIOR AMENDMENT, IT WAS AGREED TO GIVE THE EMPLOYEE A CERTAIN TIME LIMIT TO PAY THE DAMAGES OR PAYROLL DEDUCTION WOULD BEGIN TO COLLECT APPROXIMATELY $50.00 PER PAY PERIOD UNTIL THE AMOUNT IS PAID. MOTION BY COUNCILMEMBER OLDS, SECONDED BY COUNCILMEMBER TART TO APPROVE THE AMENDMENT TO THE SAFETY POLICY TO STATE THAT ANY EMPLOYEE DEEMED TO BE NEGLIGENT IN AN ACCIDENT INVOLVING A CITY VEHICLE SHALL PAY ONE -HALF OF THE INSURANCE DEDUCTIBLE OR THE COST OF PROPER REPAIR, WHICHEVER IS LESS, REGARDLESS OF WHETHER REPAIRS ARE MADE OR NOT AND THE DEPARTMENT HEAD SHALL BE AUTHORIZED TO DETERMINE WHETHER THE DAMAGES TO THE VEHICLE ARE TO BE REPAIRED OR NOT BASED ON AGE AND CONDITION OF THE VEHICLE. MOTION CARRIED 4 -2 AYES NOES OLDS BASS TART ROBINSON WOMBLE SUMNER [i CENSUS REDISTRICTING CITY MANAGER USKIEWICZ STATED THAT BASED ON THE 2000 CENSUS, THE CITY OF DUNN WILL BE REQUIRED TO REDISTRICT PRIOR TO THE NEXT COUNCIL ELECTION. HE ADDED THAT CITY ATTORNEY POPE HAS BEEN TALKING WITH THE INDIVIDUAL THAT DID THE LAST REDISTRICTING FOR THE CITY. CITY ATTORNEY TILGHMAN POPE STATED THAT COUNCIL WILL FIND ENCLOSED IN THEIR AGENDA PACKET, A LETTER FROM MR. BOBBY BOWERS, WHO IS THE MOST RENOWNED REDISTRICTING CONSULTANT ON THE EAST COAST. HE ADDED THAT IN MR. BOWER'S LETTER, THE COUNCIL WILL SEE THAT THE VOTING RIGHTS ACT WILL REQUIRE THE CITY OF DUNN TO DRAW NEW DISTRICTS BEFORE THE NEXT MUNICIPAL ELECTION BASED ON A GREATER THAN 10% DEVIATION AND POPULATION IN THE VARIOUS DISTRICTS. CITY ATTORNEY POPE GAVE THE DEVIATIONS FOR EACH DISTRICT. THEY ARE AS FOLLOWS: ♦ -4.7% DEVIATION DISTRICT 1 ♦ +.85% DEVIATION DISTRICT 2 ♦ - 20.16% DEVIATION DISTRICT 3 ♦ -2.22% DEVIATION DISTRICT 4 ♦ +17.87% DEVIATION DISTRICTS ♦ -8.09% DEVIATION DISTRICT 6 CITY ATTORNEY POPE STATED THAT BASED ON THESE DEVIATIONS, THE CITY WILL BE REQUIRED UNDER THE VOTING RIGHTS ACT TO REDISTRICT. HE ADDED THAT OUR DISTRICTS WILL HAVE TO BE APPROVED BY THE U.S. JUSTICE DEPARTMENT SINCE THE CITY IS A COVERED JURISDICTION UNDER SECTION V OF THE VOTING RIGHTS ACT. HE FURTHER STATED THAT MR. BOWER'S REFERENCES INCLUDE WORKING WITH GREENVILLE, WILSON, ROCKY MOUNT, FREMONT, ERWIN, PLYMOUTH, HARNETT COUNTY, WAYNE COUNTY AND GOLDSBORO, CITY ATTORNEY POPE STATED THAT MR. BOWERS HAS ALSO BEEN HIRED BY THE NEW HAMPSHIRE SUPREME COURT AND VARIOUS OTHER STATE AND FEDERAL SUPREME COURTS. HE ADDED THAT MR. BOWERS WILL USE THE CENSUS DATA AND MAPS OF THE CITY TO RE -DRAW DISTRICTS THAT WILL COMPLY WITH THE VOTING RIGHTS ACT AND THEN WILL SUBMIT THIS TO THE COUNCIL FOR APPROVAL. HE FURTHER STATED THAT MR. BOWERS WILL ASSIST THE CITY ATTORNEY AND THE COUNCIL IN PREPARING A PACKAGE FOR SUBMISSION TO THE U.S. JUSTICE DEPARTMENT FOR APPROVAL. CITY ATTORNEY POPE STATED THIS IS A COMPLICATED PROCESS WHICH CANNOT BE ACHIEVED WITHOUT A CONSULTANT DUE TO THE COMPLEXITIES INVOLVED IN DEALING WITH THE FEDERAL GOVERNMENT AND THE MANDATES OF THE VOTING RIGHTS ACT. HE ADDED THAT THE APPROXIMATE COST FOR MR. BOWER'S SERVICE WILL BE UNDER $5,000.00. HE FURTHER STATED THAT THE COUNCIL WILL NEED TO DETERMINE WHETHER OR NOT TO HIRE MR. BOWERS. MOTION BY COUNCILMEMBER OLDS, SECONDED BY COUNCILMEMBER BASS TO HIRE MR. BOBBY M. BOWERS, CONSULTING DEMOGRAPHER, IN ASSISTING THE CITY OF DUNN IN REDISTRICTING BASED UPON THE 2000 CENSUS RESULTS. MOTION UNANIMOUSLY APPROVED. (ATTACHMENT #5) ORDER OF COLLECTIONS AUTHORIZATION TO TAX COLLECTOR PURSUANT TO G.S. 105 -352, ATTACHED IS AN ORDER OF COLLECTIONS WHICH AUTHORIZES TAX COLLECTOR PAMELA HODGES TO COLLECT THE TAXES SET FORTH IN THE 2002 TAX RECORDS FILED IN THE OFFICE OF THE TAX COLLECTOR. MOTION BY MAYOR PRO -TEM WOMBLE, SECONDED BY COUNCILMEMBER BASS TO APPROVE AN ORDER OF COLLECTIONS AUTHORIZING TAX COLLECTOR PAMELA HODGES TO COLLECT THE TAXES SET FORTH IN THE 2002 TAX RECORDS FILED IN THE OFFICE OF THE TAX COLLECTOR. MOTION UNANIMOUSLY APPROVED. (ATTACHMENT #6) 1 BUDGET AMENDMENTS CITY MANAGER USKIEWICZ STATED THAT THIS ITEM WAS MOVED FROM CONSENT TO DECISION BECAUSE THERE WERE SOME CONCERNS ABOUT THE ATTACHED BUDGET AMENDMENTS. HE ADDED THAT BEFORE THE COUNCIL WERE BUDGET AMENDMENTS FOR CARRY -OVER ITEMS FROM LAST YEAR'S BUDGET INTO THE PRESENT BUDGET WHICH ACCOUNT FOR SOME OF THE ADJUSTMENTS TONIGHT. HE FURTHER STATED THE BUDGET AMENDMENTS ARE FOR SLUDGE REMOVAL, PAL DONATIONS, FRIENDLY ROAD, AND BUILDING CAPACITY GRANT. MAYOR PRO -TEM WOMBLE STATED THAT HIS CONCERN WAS WITH BUDGET AMENDMENTS #1 ((SLUDGE REMOVAL) AND #2 (P.A.L. DONATIONS & FEES). HE ADDED m THAT HIS IMPRESSION WAS THAT SLUDGE REMOVAL IS AN OPERATING COST. HE FURTHER STATED THIS BUDGET AMENDMENT IS INCREASING THE APPROPRIATIONS FOR THE CURRENT YEAR OUT OF FUND BALANCE, RESULTING IN A LARGER DEFICIT. MR. WOMBLE ASKED MANAGER USKIEWICZ IF THIS AMOUNT (FOR SLUDGE REMOVAL) WAS NOT TAKEN INTO ACCOUNT WHEN DEVELOPING THE CURRENT BUDGET. MANAGER USKIEWICZ DEFERRED MR. WOMBLE'S QUESTION TO PUBLIC UTILITIES DIRECTOR, JOE CAMPBELL. MR. CAMPBELL STEPPED FORWARD AND STATED THAT THE CITY HAS TO DISPOSE OF APPROXIMATELY 1.5 MILLION GALLONS OF SLUDGE PER YEAR THAT IS GENERATED AT THE WASTE TREATMENT PLANT. HE ADDED THAT DUE TO THE CURRENT WEATHER SITUATION AND CROP ROTATION, THERE IS NOW 600,000 GALLONS OF SLUDGE THAT ` THEY NEED TO GET RID OF NOW AND IT SHOULD HAVE BEEN DONE IN THE LAST BUDGET �✓ YEAR. HE FURTHER STATED IF THEY DON'T ROLL THIS MONEY OVER, THE ACCOUNT WILL BE SHORT THIS YEAR. MR. WOMBLE QUESTIONED MR. CAMPBELL ABOUT BUDGETING ADEQUATELY FOR 02 -03 YEAR. MR CAMPBELL RESPONDED THAT THEY RAN INTO TIME CONSTRAINTS DURING THE 01 -02 BUDGET YEAR. HE STATED THAT IF THE WEATHER AND LAND HAD BEEN AVAILABLE, THE CITY WOULD HAVE USED IT AND THEN WOULD START AGAIN WITH A NEW BUDGET YEAR. MR. WOMBLE QUESTIONED BUDGET AMENDMENT #2 (P.A.L. DONATIONS & FEES). HE STATED THAT HE WOULD LIKE TO KNOW WHY THESE ENTRIES ARE BEING CARRIED OVER BECAUSE IT LOOKS LIKE THE DONATIONS RECEIVED IN 01 -02 YEAR WOULD HAVE OFF -SET EXPENSES INCURRED IN 01 -02 BUT NOW IT APPEARS THOSE LINE ITEMS HAVE INCREASED. FINANCE DIRECTOR RENEE' DAUGHTRY STEPPED FORWARD AND STATED THAT AS REVENUES COME IN FROM P.A.L. DONATIONS, THEY KEEP TRACK OF THESE DONATIONS BY APPROPRIATING A MATCHING EXPENDITURE LINE ITEM. SHE ADDED THAT AT YEAR END, THIS IS BASICALLY A BALANCE CARRIED OVER. SHE FURTHER STATED THAT THE CITY ONLY GIVES P.A.L. SALARIES AND A SMALL AMOUNT FOR DEPARTMENTAL SUPPLIES. MR. WOMBLE ASKED MS. DAUGHTRY IF THE DONATIONS WERE GIVEN FOR A SPECIFIC PURPOSE. MS. DAUGHTRY RESPONDED THAT A LOT OF TIMES, YES. ( MOTION BY MAYOR PRO -TEM WOMBLE, SECONDED BY COUNCILMEMBER ROBINSON TO `✓ APPROVE BUDGET AMENDMENTS #145. MOTION UNANIMOUSLY APPROVED. (ATTACHMENT #7) MUNICIPAL TAX CONSULTING AND MANAGEMENT CITY MANAGER USKIEWICZ STATED THAT FINANCE DIRECTOR, RENEE' DAUGHTRY HAS LOOKED INTO A TAX CONSULTING FIRM SPECIALIZING IN THE RECOVERY OF TAXES THAT MUNICIPALITIES CANNOT FIND. MAYOR PRO -TEM WOMBLE STATED THAT HIS UNDERSTANDING IS THIS COMPANY WILL BE FILING REFUND CLAIMS ON BEHALF OF THE CITY AND WILL RECEIVE A PERCENTAGE OF THE AMOUNT RECOVERED. IN RESPONSE, MANAGER USKIEWICZ ANSWERED YES. MAYOR PRO -TEM WOMBLE ASKED IF THE CITY COULD INCORPORATE IN THE AGREEMENT THAT SHOULD THERE BE AN EXAMINATION BY A TAXING AUTHORITY AND IF THE TAX MONEY HAS TO BE REPAID, CAN THAT PORTION OF THAT FEE BE REFUNDED BACK TO THE CITY. FINANCE DIRECTOR, RENEE' DAUGHTRY STATED THAT SHE DID NOT DISCUSS THIS BUT SHE WILL BE MORE SPECIFIC WHEN ENTERING INTO THIS CONTRACT. SHE ADDED THAT EVERY CLIENT SHE CALLED HAS RECEIVED MONEY THROUGH MUNICIPAL TAX CONSULTING. SHE FURTHER STATED THAT SHE WILL DISCUSS THIS ISSUE WITH THEM. MOTION BY MAYOR PRO -TEM WOMBLE, SECONDED BY COUNCILMEMBER OLDS, TO AUTHORIZE THE MAYOR TO EXECUTE THE AGREEMENT WITH MUNICIPAL TAX CONSULTING AND MANAGEMENT WITH THE CHANGE DISCUSSED TONIGHT. MOTION UNANIMOUSLY APPROVED. (ATTACHMENT #8) ITEMS FOR DISCUSSION HARNETT COUNTY HAZARD MITIGATION PLAN CITY MANAGER USKIEWICZ STATED THAT A COPY OF THE HARNETT COUNTY HAZARD MITIGATION PLAN HAS BEEN SENT TO ALL THE COUNCIL FOR REVIEW. HE ADDED THAT THE CITY HAS BEEN GRANTED AN EXTENSION TO ADOPT THIS PLAN. HE FURTHER STATED THAT HE INCLUDED IT UNDER DISCUSSION TO HEAR ANY COMMENTS. m MOTION BY COUNCILMEMBER BASS, SECONDED BY ROBINSON TO TABLE THE HARNETT COUNTY HAZARD MITIGATION PLAN TO A LATER DATE. MOTION UNANIMOUSLY APPROVED. BETSY JOHNSON HOSPITAL BOARD OF TRUSTEES CITY MANAGER USKIEWICZ STATED THAT MR. T.C. GODWIN, JR., CHAIRMAN OF THE BETSY JOHNSON REGIONAL HOSPITAL BOARD OF TRUSTEES WAS PRESENT TO ADDRESS THE COUNCIL. MR. T.C. GODWIN, JR. STEPPED FORWARD AND RECOGNIZED MR. AL TAYLOR, CEO OF BETSY JOHNSON REGIONAL HOSPITAL. HE STATED THAT DURING THE TRANSFER !� AGREEMENT FROM THE CITY OF DUNN TO BETSY JOHNSON HOSPITAL, CERTAIN CONSTRAINTS WERE PUT ON THE HOSPITAL. HE ADDED THAT ONE OF THOSE CONSTRAINTS WAS THE STIPULATION THAT ALL HOSPITAL TRUSTEES MUST RESIDE IN THE AVERASBORO TOWNSHIP OF HARNETT COUNTY. MR. GODWIN STATED THAT THE HOSPITAL IS NOT JUST AN AVERASBORO TOWNSHIP HOSPITAL. HE ADDED THAT THEIR REQUEST IS TO REMOVE THE RESTRICTION FROM THE AGREEMENT, THAT HOSPITAL BOARD OF TRUSTEES MUST RESIDE IN THE AVERASBORO TOWNSHIP. HE FURTHER STATED THERE MAY BE SOMEONE ON CAMPBELL UNIVERSITY'S FACULTY THAT WOULD BE AN ASSET ON THE BOARD AND HE KNOWS OF AN INDIVIDUAL RIGHT NOW THAT IS A LAWYER WITH AN UNDERGRADUATE DEGREE IN HOSPITAL ADMINISTRATION BUT UNFORTUNATELY THEY RESIDE OUTSIDE OF THE AVERASBORO TOWNSHIP. MR. GODWIN STATED THAT DURING HIS TIME AS A BOARD MEMBER, HE HAS LEARNED THAT THE HOSPITAL IS VERY COMPLEX AND WHEN DEALING WITH INDIVIDUAL'S LIVES, THEY SHOULD HAVE THE VERY BEST PEOPLE POSSIBLE TO HELP GUIDE AND DIRECT THE HOSPITAL. HE ADDED THE COUNCIL WOULD STILL HAVE THEIR REGULAR APPOINTMENTS TO THE BOARD BUT THIS WOULD ALLOW THEM THE FREEDOM TO GET THE BEST PEOPLE POSSIBLE. COUNCILMEMBER TART ASKED MR. GODWIN OUT OF THE ELEVEN MEMBERS ON THE BOARD, WOULD IT BE APPROPRIATE TO SPECIFY THE NUMBER OF MEMBERS THAT COULD LIVE OUTSIDE THE AVERASBORO TOWNSHIP. MR. GODWIN RESPONDED THEY WOULD NOT WANT TO GET TO THE POINT THAT THEY EXCLUDE AVERASBORO TOWNSHIP MEMBERS BUT THE IDEA IS TO BE INCLUSIVE. HE ADDED THEY HAVE PATIENTS FROM ANGIER LILLINGTON AND BUIES CREEK AND THE HOSPITAL HAS TO BE MORE THAN JUST A DUNN HOSPITAL. COUNCIL CONSENSUS WAS TO BRING THIS ISSUE BEFORE THE CITY COUNCIL AT THE SEPTEMBER MEETING. COUNCILMEMBER BASS QUESTIONED IF ANY CHANGES WOULD AFFECT THE CONTRACT BETWEEN THE CITY AND THE HOSPITAL SHOULD COUNCIL APPROVE THIS ISSUE. CITY ATTORNEY POPE STATED THAT IT WOULD INVOLVE DRAWING UP A RESOLUTION AMENDING THE ORIGINAL RESOLUTION OF CONVEYANCE AND A DEED AMENDMENT TO BE RECORDED AT THE REGISTER OF DEEDS BECAUSE THIS RESTRICTION IS IN THE DEED. HE ADDED THAT OTHER THAN THAT, IF IT IS THE WISH OF THE COUNCIL TO AMEND THIS, THEN THESE DOCUMENTS CAN BE PREPARED AND RECORDED AND IT WOULD NOT OTHERWISE IN ANY WAY AFFECT THE CITY'S CURRENT RELATIONSHIP WITH THE HOSPITAL. BOARD APPOINTMENT HOSPITAL MANAGER USKIEWICZ STATED THAT THE CITY COUNCIL IS RESPONSIBLE FOR APPOINTING (1) MEMBER TO THE BETSY JOHNSON REGIONAL HOSPITAL BOARD OF TRUSTEES AS PER THE TRANSFER AGREEMENT APPROVED IN NOVEMBER, 1996. HE ADDED THAT THE MAYOR AND COUNCILMEMBERS MUST APPOINT SOMEONE TO FILL THE SEAT OF MR. T.C. GODWIN, JR. WHICH WILL EXPIRE ON SEPTEMBER 30, 2002. COUNCIL CONSENSUS WAS TO ADVERTISE FOR THIS UPCOMING VACANCY. MANAGER USKIEWICZ STATED THAT THE VACANCY WILL BE ADVERTISED. OVERPASS/RAIL CROSSINGS CLOSURE MANAGER USKIEWICZ STATED THAT A WORKSHOP WAS HELD AT CITY HALL IN THE COUNCIL CHAMBERS WHEREBY REPRESENTATIVES FROM THE RAIL AUTHORITY AND FROM THE DEPARTMENT OF TRANSPORTATION TALKED TO US ABOUT THE RAIL CLOSURES AND OVERPASS. HE ADDED THAT THEY DID ASK FOR FEED -BACK FROM THE DUNN CITY COUNCIL AS TO THE FEELING OF THE COUNCIL AND IF THIS IS A PROJECT THAT SHOULD TAKE PLACE OR IS IT SOMETHING THE COUNCIL DOES NOT WISH TO DO. MANAGER USKIEWICZ STATED THAT MANY QUESTIONS WERE ASKED RELATING TO RAIL CROSSING CLOSURES AND HE WAS MADE AWARE THAT GRANVILLE STREET IS A KEY COMPONENT OF THE OVERPASS SITUATION AND IF WE DON'T WISH TO CLOSE GRANVILLE AVENUE, THEN WE DON'T HAVE A PROJECT. HE ADDED THAT THE LEGITIMACY OF EDGERTON STREET WAS QUESTIONED OVER HARNETT STREET AND THEY ALSO ASKED ABOUT USING THE THREE EXISTING CLOSURES TO GET AN OVERPASS BUT THE RAIL DIVISION'S RESPONSE WAS NO. HE FURTHER STATED IT IS UP TO THE COUNCIL TO BEGIN DIALOG ABOUT THIS ISSUE. MANAGER USKIEWICZ STATED THAT HE WAS ASKED BY ONE COUNCILMEMBER WHAT l IMPACT WOULD PROPOSAL ATERNATIVE 2B HAVE ON THE COMMUNITY. HE ADDED ✓ THAT HE IS ASKING THE PLANNING BOARD TO REVIEW THE LAND USE PLAN IF THE OVERPASS SITUATION OCCURRED. MAYOR PRO -TEM WOMBLE STATED HE AGREED IT IS TIME FOR THE COUNCIL TO START VOICING THEIR OPINION ABOUT THE OVERPASS. HE ADDED THAT DURING HIS YEARS AS CHAIRMAN OF THE PLANNING BOARD, THEY DEVELOPED A LAND USE PLAN. HE FURTHER STATED THAT SINCE THIS IS A HUGE LAND USE ISSUE, IT IS APPROPRIATE FOR THE PLANNING BOARD TO MAKE A NON - BINDING RECOMMENDATION TO THE CITY COUNCIL. COUNCILMEMBER OLDS STATED THAT HE REPRESENTS A PORTION OF DUNN THAT WILL BE AFFECTED BY THIS PROJECT MORE SO THAN ANY OTHER DISTRICT. HE ADDED THAT IN HIS TALKING TO THE RESIDENTS OF DISTRICT 2, THEIR WISH WOULD BE THAT THIS PROJECT WOULD JUST DISAPPEAR. HE FURTHER STATED THAT A GENTLEMEN FROM THIS DISTRICT HAS A PETITION SIGNED BY MORE THAN 300 CITIZENS WHO ARE OPPOSED TO THIS PROJECT. COUNCILMEMBER OLDS STATED THIS CLEARLY INDICATES THAT THIS IS NOT A PROJECT THAT IS DESIRED BY THE CITIZENS IN THAT PARTICULAR AREA. COUNCILMEMBER ROBINSON STATED THAT A LOT OF CITIZENS CANNOT AFFORD TO MOVE SOMEWHERE ELSE IF THEIR HOMES ARE TAKEN. COUNCILMEMBER OLDS STATED THAT A QUESTION BEING ASKED BY A LOT OF CITIZENS IS "WHERE WILL I GOT'. HE ADDED THERE ISN'T A LOT OF LAND AROUND DUNN FOR CITIZENS TO REBUILD AND THIS A SERIOUS CONCERN. HE FURTHER STATED PERHAPS IF 1 YOU LIVE ON ANOTHER SIDE OF TOWN, IT DOESN'T CONCERN YOU AND YOU HAVE / PROBABLY NOT EVEN THOUGHT ABOUT THIS. COUNCILMEMBER ROBINSON STATED HE WISHED THEY COULD WAKE UP IN THE MORNING, AND THIS ISSUE WOULD BE GONE. MAYOR OUDEH STATED THAT THE MAJORITY OF PEOPLE CANNOT AFFORD TO MOVE SOMEWHERE ELSE. COUNCILMEMBER TART STATED THAT HIS CONCERN IS THAT ALTERNATE 2B DISTURBS THE LEAST AMOUNT OF HOMES. HE ADDED THAT DUNN WILL NEED AN OVERPASS EVENTUALLY AND HE HATES TO PASS UP THIS OVERPASS IF IT WOULD BE GOOD FOR DUNN IN THE FUTURE. CITY MANAGER USKIEWICZ STATED THERE ARE TWO COMPONENTS. ONE IS THE OVERPASS AND THE OTHER COMPONENT IS RAIL CLOSURES. HE ADDED IF THEY DON'T WANT THE RAIL CLOSURE, THEN THE OVERPASS IS A MOOT POINT BECAUSE IT IS NOT GOING TO HAPPEN. MAYOR PRO -TEM WOMBLE REMINDED THE COUNCIL THAT THIS OVERPASS HAS BEEN REQUESTED BY THE COMMUNITY FOR TWENTY TO THIRTY YEARS AND HE DOESN'T WANT TO SEE THE CITY LOSE THIS OPPORTUNITY AND HIS HOPE IS THAT A SITE CAN BE SELECTED THAT A MAJORITY OF THE COMMUNITY WILL FIND ACCEPTABLE. HE ADDED THAT IF THEY REFUSE THIS OPPORTUNITY, THEY PROBABLY WILL NOT GET IT BACK FOR A LONG TIME. HE FURTHER STATED THAT EVERY OTHER MAJOR COMMUNITY HAS AN OVERPASS AND IT WILL BE DETRIMENTAL TO THE CITY'S FUTURE GROWTH IF THEY �l DON'T GET IT COUNCILMEMBER SUMNER STATED THAT ALTERNATE 213 WAS THE BEST PLAN FOR THE CITY AND HE REALIZED IT WOULD HURT SOME BUSINESSES. HE ADDED THERE IS A LOT OF TRAFFIC ON GRANVILLE STREET. IT WAS THE COUNCIL CONSENSUS TO BRING THE PLANNING BOARD'S RECOMMENDATION TO THE SEPTEMBER COUNCIL MEETING AND TO PLACE THE ISSUE OF THE OVERPASSMAIL CLOSURE UNDER ITEMS FOR DECISION IN SEPTEMBER. WITH NO FURTHER DISCUSSION, THE FOLLOWING BURIAL RIGHTS WERE EXECUTED: m 1. LOUISE SMITH AND HER HEIRS, LOT 48, BLOCK 2, SPACE 3, RESTHAVEN CEMETERY. 2. WILBERT MCDONALD AND HIS HEIRS, LOT 65, BLOCK 15, SPACE 8, RESTHAVEN CEMETERY. 3. ANNIE LEGGETT AND HER HEIRS, LOT 29, BLOCK 13, SPACE(S) 3 -4, RESTHAVEN CEMETERY. WITH NO FURTHER BUSINESS TO DISCUSS, THE MEETING WAS ADJOURNED AT 8:35 P.M. 'ATTTEST: e� /', y ypl�q y!J , W eo C DEBRA G. 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