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01092003933 MINUTES CITY OF DUNN DUNN, NORTH CAROLINA THE CITY COUNCIL OF THE CITY OF DUNN HELD A REGULAR MEETING ON THURSDAY, JANUARY 9, 2003, AT 7:00 P.M. IN THE DUNN MUNICIPAL BUILDING. PRESENT WAS MAYOR AB RAHAM OUDEH, MAYOR PRO -TEM MICHAEL WOMBLE, COUNCILMEMBERS TOBY SUMNER, GEORGE ROBINSON, JOEY TART, DONNI E OLDS AND PAUL BASS. ALSO PRESENT WAS CITY MANAGER MICHAEL USKIEWICZ, PUBLIC WORKS DIRECTOR RONNIE AUTRY, PUBLIC UTILITIES DIRECTOR JOSEPH CAMPBELL, POLICE CHIEF TIMOTHY BENWARE, CAPTAIN MORRY DENNING, CAPTAIN RONNIE RADCLIFFE, RECREATION DIRECTOR PERRY HUDSON, CHIEF BUILDING INSPECTOR SHANE HUDSON, FIRE CHIEF AUSTIN TEW, LIBRARIAN DEBORAH MELVIN, FINANCE DIRECTOR RENEE' DAUGHTRY, CITY ACCOUNTANT DEBBIE WILLIAMS, CITY ENGINEER ED POWELL, CITY ATTORNEY P. TILGHMAN POPE, CITY CLERK DEBRA WEST, AND DAILY RECORD REPORTER LISA FARMER INVOCATION MAYOR OUDEH OPENED THE MEETING AT 7:04 P.M. AND ASKED DONNIE OLDS TO GIVE THE INVOCATION. AFTERWARDS, THE PLEDGE OF ALLEGIANCE WAS REPEATED. PRESENTATIONS CITY MANAGER USKIEWICZ RECOGNIZED LT. JOHNNY HAWLEY (WHO WAS UNABLE TO ATTEND TONIGHT'S MEETING) FOR HIS 25 PLUS YEARS OF SERVICE TO THE CITY OF DUNN POLICE DEPARTMENT. HE WILL BE GIVEN A PLAQUE IN A PRIVATE PRESENTATION BY THE POLICE CHIEF. CONSENT ITEMS MAYOR OUDEH ASKED IF THERE WERE ANY CONSENT ITEMS THAT COUNCIL WISHED TO PULL FOR FURTHER DISCUSSION. COUNCILMEMEER SUMNER PULLED ITEM #2 (MINUTES- EMERGENCY SESSION - DECEMBER 20, 2003) THE FOLLOWING CONSENT ITEMS WERE CONSIDERED BY COUNCIL. MINUTES- COUNCIL CONSIDERED APPROVAL OF MINUTES OF THE DECEMBER 12, 20021 MEETING. BUDGET AMENDMENTS- COUNCIL CONSIDERED APPROVAL OF BUDGET AMENDMENTS #30435. (ATTACHMENT #1) MOTION BY COUNCILMEMBER BASS, SECONDED BY COUNCILMEMBER OLDS TO APPROVE ALL CONSENT ITEMS WITH THE EXCEPTION OF #2 (MINUTES- EMERGENCY SESSION - DECEMBER 20, 2002). MOTION UNANIMOUSLY APPROVED. ITEMS FOR DECISION AUDIT REPORT FY 2001 -2002 MR. JOE GILES OF GILES, STRICKLAND AND ASSOCIATES STEPPED FORWARD TO PRESENT THE FY 2001 -2002 COMPREHENSIVE ANNUAL REPORT. MR. GILES STATED THAT DUE TO THE HARD WORK OF THE FINANCE STAFF, THEY WILL RECEIVE THE AWARD FOR EXCELLENCE IN FINANCIAL REPORTING FROM THE GFOA FOR THE EIGHTH CONSECUTIVE YEAR MR. GILES REVIEWED THE SYNOPSIS THAT WAS PROVIDED IN THE AGENDA AND IN SUMMARY STATED THAT MANY OF THE DECREASES WERE DUE TO THE STATE DELAYING OR WITH HOLDING LOCAL GOVERNMENT MONIES NOTING THAT THE GENERAL FUND DROPPED APPROXIMATELY $700,000.00. HE STATED THE AMOUNT OF FUND BALANCE AVAILABLE IS $1,724,067.00, WHICH REPRESENTS 26.76% OF THIS YEARS EXPENDITURES. HE ADDED THAT EVEN THOUGH THE CITY IS IN GOOD FINANCIAL SHAPE, THERE WAS A $910,000.00 DROP IN FUND BALANCE COMPARED TO $809,000.00 LAST YEAR. HE FURTHER STATED THAT WITH THE LAST TWO YEARS COMBINED, THERE HAS BEEN A TOTAL FUND BALANCE DROP OF $1,700,000.00 AND HE CAUTIONED THE COUNCIL TO ENHANCE THEIR REVENUES AND CONTROL THEIR EXPENDITURES. MR. GILES STATED TO KEEP IN MIND THAT THE CITY IS IN EXCELLENT FINANCIAL SHAPE AND COMMENDED THE STAFF. MR. GILES STATED THAT THERE WAS A $17,000 LOSS IN THE WATER FUND THIS YEAR COMPARED TO A $25,000 LOSS IN THE PRIOR YEAR. HE ADDED THAT THIS IS NOTHING TO BE CONCERNED ABOUT AND THE WATER FUND IS IN EXCELLENT SHAPE. 934 MR. GILES STATED THAT THE TOTAL TAX LEVY THIS YEAR WAS 96.46% COMPARED TO 96.21% LAST YEAR. HE ADDED THAT PROPERTY TAX COLLECTION WAS 99.06% THIS YEAR COMPARED TO 98.96% IN THE PRIOR YEAR. HE FURTHER STATED THAT HE WOULD COMMEND THE TAX COLLECTOR FOR THE JOB DONE IN COLLECTIONS. MR. GILES STATED THAT IN COMPARING THE CITY OF DUNN TO OTHER TOWNS, AS FAR AS THE AMOUNT OF FUND BALANCE, THE CITY FALLS BETWEEN TWO PEER GROUPS. THOSE TOWNS WITH 10,000 OR MORE HAD A FUND BALANCE OF 38.81% AND THOSE TOWNS WITH A POPULATION UP TO 10,000 HAD 59.54 %, WHILE THE CITY OF DUNN HAD 26 %. HE ADDED THAT THE CITY OF DUNN IS 10 -12 PERCENT BELOW THEIR PEER GROUP OF COMPARABLE SIZED TOWNS. MR. GILES THANKED THE COUNCIL FOR THEIR COURTESY IN ALLOWING HIS FIRM TO ✓ i CONDUCT THIS AUDIT. MOTION BY MAYOR PRO -TEM WOMBLE, SECONDED BY COUNCILMEMBER ROBINSON TO ADOPT THE REPORT AS PRESENTED BY GILES - STRICKLAND & ASSOCIATES. MOTION UNANIMOUSLY APPROVED. 2003 SCHEDULE OF COUNCIL MEETING DATES MANAGER USKIEWICZ STATED THAT ATTACHED, THE COUNCIL WILL FIND A PROPOSED SCHEDULE OF COUNCIL MEETING DATES FOR THE YEAR 2003 AND JANUARY 2004 FOR COUNCIL CONSIDERATION. HE ADDED THAT WITH THE ADOPTION OF THE PROPOSED SCHEDULE, IT WILL ALLOW THE SCHEDULE TO BE POSTED. MOTION BY COUNCILMEMBER BASS, SECONDED BY COUNCILMEMBER OLDS TO ADOPT THE SCHEDULE OF COUNCIL MEETING DATES AS PROPOSED. MOTION UNANIMOUSLY APPROVED. TART PARK RESOLUTION & MASTER PLAN RECREATION DIRECTOR PERRY HUDSON STEPPED FORWARD AND STATED THAT THIS IS ANOTHER STEP IN RECEIVING THE PARKS AND RECREATION TRUST FUND GRANT. HE ADDED THAT THIS IS THE SAME COMPREHENSIVE PLAN ADOPTED FOR THE LAST TWO YEARS AND MUST BE APPROVED TO APPLY FOR THE GRANT. MOTION BY COUNCILMEMBER OLDS, SECONDED BY COUNCILMEMBER TART TO APPROVE THE RECREATION FACILITIES ANALYSIS STUDY RESOLUTION, ADOPT THE MASTER PLAN UPDATE FOR TART PARK, AND ADOPT THE SYSTEM -WIDE COMPREHENSIVE PARKS AND RECREATION PLAN UPDATE FOR THE CITY OF DUNN. MOTION UNANIMOUSLY APPROVED. (ATTACHMENT # 2) POLICE MUTUAL AID RESOLUTION MANAGER USKIEWICZ STATED THAT IN ACCORDANCE WITH N.C.G.S. 160A -288, TO ENTER INTO MUTUAL AID AGREEMENTS WITH LOCAL LAW ENFORCEMENT AGENCIES, A RESOLUTION MUST BE APPROVED BY THE CITY COUNCIL. MOTION BY COUNCILMEMBER ROBINSON, SECONDED BY COUNCILMEMBER TART TO APPROVE THE RESOLUTION ADOPTING A POLICY FOR MUTUAL AID ASSISTANCE WITH OTHER MUNICIPAL AND COUNTY LAW ENFORCEMENT AGENCIES BY THE DUNN POLICE DEPARTMENT AND AUTHORIZING THE CHIEF OF POLICE TO ENTER INTO THESE MUTUAL ASSISTANCE ARRANGEMENTS. MOTION UNANIMOUSLY APPROVED. (ATTACHMENT #3) POLICE GRANT AUTHORIZATION MANAGER USKIEWICZ STATED THAT IN APPLYING FOR TWO POLICE GRANTS, THE GOVERNOR'S CRIME COMMISSION HAS REQUESTED THAT THE CITY HAVE A CASH MATCH COMMITMENT FROM THE CITY COUNCIL BEFORE SUBMITTING THEIR PRE- APPLICATION. MR. USKIEWICZ STATED THAT THEY ARE ASKING THE COUNCIL FOR PERMISSION TO APPLY FOR THESE GRANTS. HE ADDED THAT IF THE GRANTS ARE AWARDED, THEN THE COUNCIL WILL NEED TO PRIORITIZE AND DETERMINE WHETHER OR NOT TO ACCEPT THE GRANTS. GRANTS BEING APPLIED FOR AND APPROXIMATE COST AND MATCH (25 0 /6) MOBILE DATA COMPUTERS: COST - $32,000.00 (4 @ $8,000.00 EA.) MATCH - $8,000.00 800 MEGA HERTZ RADIOS: COST - $72,000.00 (20 @ $3,600.00 EA.) (PORTABLE RADIOS) MATCH - $18,000.00 935 MOTION BY COUNCILMEMEER OLDS, SECONDED BY COUNCILMEMEER TART TO GRANT PERMISSION TO THE POLICE DEPARTMENT TO SUBMIT A PRE - APPLICATION FOR TWO POLICE GRANTS AND PROVIDING THE CASH MATCH FOR THESE GRANTS. MOTION UNANIMOUSLY APPROVED. COUNCIL CONSENSUS WAS THAT IF THESE GRANTS ARE AWARDED, IT WOULD COME BACK BEFORE THE COUNCIL FOR FINAL APPROVAL AND ACCEPTANCE. STAGGERED ELECTIONS RESOLUTION OF INTENT CITY ATTORNEY P. TILGHMAN POPE STATED THAT THIS ISSUE WAS DISCUSSED AT THE DECEMBER COUNCIL MEETING. HE ADDED THAT BEFORE THE COUNCIL AGAIN TONIGHT IS A RESOLUTION OF INTENT TO CONSIDER AMENDING THE CITY OF DUNN' S CHARTER TO ALLOW FOR STAGGERED ELECTIONS FOR THE CITY COUNCIL SHOULD THEY CHOOSE TO ADOPT THIS RESOLUTION OF INTENT. CITY ATTORNEY POPE STATED THAT THE COUNCIL DISCUSSED THIS MATTER AT LENGTH DURING THE DECEMBER MEETING AND SHOULD COUNCIL HAVE FURTHER QUESTIONS, HE WILL BE GLAD TO ANSWER THEM. COUNCILMEMBER TART STATED THAT IF CITY ELECTIONS COULD NOT BE HELD ON THE SAME YEAR AS STATE OR FEDERAL ELECTIONS, OR IF THE MAYOR'S RACE WAS NOT RUN AT THE SAME TIME AS THREE OF THE COUNCIL MEMBERS, THEN HE WOULD HAVE A PROBLEM WITH IT. CITY ATTORNEY POPE STATED THAT THE ONLY WAY THE MAYOR COULD RUN AT THE SAME TIME AS THREE COUNCIL MEMBERS ON AN OFF YEAR, WOULD BE TO AMEND THE CITY CHARTER TO ONLY GIVE THE MAYOR A TWO YEAR TERM. HE ADDED THAT HE HAS NOT RESEARCHED ALL OF THE QUESTIONS BECAUSE HIS UNDERSTANDING WAS IF THE RESOLUTION OF INTENT WAS ADOPTED, THEN THESE QUESTIONS WOULD BE ANSWERED DURING THE PUBLIC HEARING. HE FURTHER STATED THAT ROY TEW, A MEMBER OF THE BOARD OF ELECTIONS, MAY HAVE AN ANSWER TO THE QUESTION REGARDING CITY ELECTIONS BEING HELD WITH STATE AND FEDERAL ELECTIONS. MR. ROY TEW STEPPED FORWARD AND STATED THAT BEGINNING IN 1973, THE STATUTE PROVIDED THAT ALL MUNICIPAL ELECTIONS IN NORTH CAROLINA BE HELD EVERY TWO AND FOUR YEARS. HE ADDED THAT AS A RESULT, CITY ELECTIONS COULD NOT BE HELD ON AN EVEN NUMBER YEAR AND THE CITY DOES NOT HAVE THE OPTION TO CHANGE THIS ACCORDING TO STATUTE. HE FURTHER STATED THAT PRESIDENTIAL AND GOVERNOR ELECTIONS ARE HELD ON EVEN NUMBER YEARS. MAYOR PRO -TEM WOMBLE STATED THAT HE IS CONVINCED THAT WHEN THE CITY COUNCIL DOESN'T HAVE CONTINUITY IN LEADERSHIP, AND AN OLD COUNCIL GOES OUT OF OFFICE AND A NEW COUNCIL TAKES OVER, PURCHASES MAY BE APPROVED THAT OTHERWISE MAY NOT HAVE BEEN HAD THERE BEEN SOME HISTORY LEFT ON THE BOARD; RESULTING IN SAVING THE CITY MORE THAN THE FIVE THOUSAND DOLLAR COST IN HAVING STAGGERED ELECTIONS. MAYOR PRO -TEM WOMBLE STATED THAT THERE IS GOOD REASON THAT A LOT OF COMMUNITIES USE STAGGERED TERMS. HE ADDED THAT CONTINUITY OF LEADERSHIP OUTWEIGHS INITIAL UP -FRONT COSTS AND THE COUNCIL SHOULDN'T LOOSE SIGHT OF THE BIG PICTURE BY JUST LOOKING AT FIVE THOUSAND DOLLARS EVERY TWO YEARS. MOTION BY MAYOR PRO -TEM WOMBLE TO ADOPT THE RESOLUTION OF INTENT TO CONSIDER AMENDING THE CITY OF DUNN CHARTER TO ALLOW STAGGERED ELECTIONS FOR THE DUNN CITY COUNCIL. MOTION DIED FOR LACK OF SECOND. MINUTES DECEMBER 20, 2002 CITY MANAGER USKIEWICZ YIELDED TO COUNCILMEMBER SUMNER TO EXPLAIN THE CORRECTIONS THAT NEED TO BE MADE TO THE DECEMBER 20, 2002 COUNCIL MINUTES. COUNCILMEMBER SUMNER STATED THAT THE MINUTES NEEDED TO RELFECT THAT HE WAS PRESENT FOR THE DECEMBER 20, 2002 EMERGENCY MEETING. WITH CORRECTION, MOTION BY COUNCILMEMBER TART, SECONDED BY COUNCILMEMBER OLDS TO APPROVE CONSENT ITEM #2 (MINUTES OF THE DECEMBER 20, 2002 EMERGENCY MEETING). MOTION UNANIMOUSLY APPROVED. MANAGER USKIEWIEZ ASKED THAT THE COUNCIL ADD THREE (3) AGENDA ITEMS TO TONIGHT'S MEETING. 1) ACCEPTANCE OF PAL GRANT, 2) CHANGE ORDER FOR HOUSING REHABILITATION - 904 E. POPE STREET, 3) RESOLUTION- AUTHORIZING A LAWSUIT TO RECOVER MONIES WITHHELD BY THE STATE. :. MOTION BY COUNCILMEMEER BASS, SECONDED BY COUNCILMEMBER ROBINSON TO ADD THE THREE ITEMS LISTED ABOVE TO TONIGHT'S AGENDA. MOTION UNANIMOUSLY APPROVED. ACCEPTANCE OF PAL GRANT MANAGER USKIEWICZ STATED THAT THE NATIONAL ASSOCIATION OF POLICE ATHLETIC LEAGUES HAS AWARDED THE DUNN POLICE ATHLETIC LEAGUE (PAL) A 2003 POLICE ATHLETIC LEAGUE YOUTH ENRICHMENT PROGRAM GRANT (PALYEP) IN THE AMOUNT OF $42,600.00. HE ADDED THAT THERE IS NO COST TO THE CITY IN RECEIVING THIS GRANT. MOTION BY COUNCILMEMBER ROBINSON, SECONDED BY COUNCILMEMBER BASS TO ACCEPT THE POLICE ATHLETIC LEAGUE GRANT IN THE AMOUNT OF $42,600.00. MOTION UNANIMOUSLY APPROVED. CHANGE ORDER FOR HOUSING REHABILITATION 904 EAST POPE ST.- BENNETT MANAGER USKIEWICZ STATED THAT A CHANGE ORDER REQUEST WAS RECEIVED ON JANUARY 8, 2003, WHEREBY $3,925.00 WAS SPENT TO REPLACE A FURNACE AT THE HOUSING REHABILITATION PROJECT AT 904 EAST POPE STREET. HE ADDED THAT THE COUNCIL MUST APPROVE ANY CHANGE ORDER EXCEEDING $2500.00. HE FURTHER STATED THAT THIS CHANGE ORDER IS IN THE AMOUNT OF $3,925.00. MOTION BY COUNCILMEMBER DONNIE OLDS, SECONDED BY COUNCILMEMBER SUMNER TO AUTHORIZE A CHANGE ORDER IN THE AMOUNT OF $3,925.00 FOR THE HOUSING REHABILITATION PROJECT AT 904 EAST POPE STREET. MOTION UNANIMOUSLY APPROVED. RESOLUTION AUTHORIZING A LAWSUIT TO RECOVER MONIES WITHHELD BY THE STATE MANAGER USKIEWICZ YIELDED TO CITY ATTORNEY POPE TO DISCUSS JOINING IN A LAWSUIT AGAINST THE STATE OF NORTH CAROLINA FOR WITHHOLDING OF LOCAL MONIES. ATTORNEY POPE STATED THAT HE SENT COPIES OF CORRESPONDENCE TO ALL THE V COUNCIL FROM A RALEIGH LAW FIRM, BOYCE & ISLEY, PLLC, WHO PREVIOUSLY FILED A LAWSUIT AGAINST THE SECRETARY OF REVENUE FOR THE STATE OF NORTH CAROLINA, ON BEHALF OF A NUMBER OF NORTH CAROLINA COUNTIES AND MUNICIPALITIES, SEEKING TO RECOVER THE MONIES WHICH THE STATE WITHHELD FROM THEM. HE ADDED THAT UNDER THE TERMS OF THEIR ENGAGEMENT, SHOULD THE CITY WISH TO EMPLOY THEM TO BE A PARTY TO THE LAWSUIT, THEY WOULD HANDLE THE MATTER ON A CONTINGENCY FEE BASIS, WHICH MEANS THERE ARE NO ATTORNEY FEES INCURRED TO THE CITY IF THERE IS NO RECOVERY, AND SHOULD THERE BE A RECOVERY, THEY MAY BE AWARDED UP TO 15% OF WHAT IS RECOVERED AS A FEE, BUT THAT IS LEFT AT THE DISCRETION OF THE JUDGE WHO IS DESIGNATED BY THE CHIEF JUSTICE TO PRESIDE OVER THAT TRIAL. HE FURTHER STATED THAT THE ONLY EXPENSE TO THE CITY, SHOULD COUNCIL DETERMINE TO ENTER THE LITIGATION, WOULD BE A COST NOT TO EXCEED ONE THOUSAND DOLLARS. ATTORNEY POPE STATED THAT THIS IS AN ISSUE FOR CONSIDERATION BEFORE THE COUNCIL, BUT THERE IS A DEADLINE OF JANUARY 31, 2003, TO JOIN IN THIS LAWSUIT. HE ADDED THAT THE CORRESPONDENCE SENT TO HIM DID NOT INCLUDE UNDER WHAT LEGAL THEORIES THAT THEY ARE PURSUING THIS LAWSUIT AND FROM A LEGAL PERSPECTIVE, HE CANNOT GIVE THE COUNCIL ANY ADVICE AS TO WHAT THE CHANCES OF PREVAILING ARE IN THIS CASE. HE FURTHER STATED THAT HE DOES NOT KNOW HOW MUCH MONEY THE LAWSUIT WILL TRY TO RECOVER, WHETHER IT WILL BE A PORTION OF IT OR ALL. MANAGER USKIEWIEZ STATED THAT OVER THE LAST TWO YEARS, JUST UNDER $900,000.00 HAS BEEN WITHHELD FROM THE STATE. �I MOTION BY COUNCILMEMBER BASS, SECONDED BY COUNCILMEMEER ROBINSON TO ADOPT THE RESOLUTION AUTHORIZING A LAWSUIT TO RECOVER REIMBURSEMENT AND RECEIPT OF REVENUE DUE THE CITY OF DUNN BEING ILLEGALLY WITHHELD BY THE STATE OF NORTH CAROLINA. MOTION CARRIED 4 -2. (ATTACHMENT #4) AYES NOES BASS WOMBLE ROBINSON TART OLDS SUMNER 937 GERELENE GOODMAN WILKINS CEMETERY MANAGER USKIEWICZ STATED THAT MS. GERELENE GOODMAN IS REQUESTING THAT THE CITY COUNCIL DISCUSS THE POSSIBILITY OF WILKINS CEMETERY BEING A HISTORICAL SITE PRE -DATING 1901. MS. GOODMAN STEPPED FORWARD AND STATED THAT SHE WOULD LIKE TO PRESENT A RESOLUTION REQUESTING THAT WILKINS CEMETERY BE RECOGNIZED BY THE CITY OF DUNN AS A LOCAL SITE OF HISTORICAL SIGNIFICANCE FOR THE CITY OF DUNN AND TO ALSO PURSUE WILKINS CEMETERY BECOMING A HISTORICAL SITE IN THE STATE OF NORTH CAROLINA. SHE ADDED THAT WILKINS CEMETERY WAS THE FIRST CEMETERY FOR THE BURIAL OF BLACK RESIDENTS PRIOR TO THE YEAR 1959, AFTER WHICH RESTHAVEN CEMETERY BECAME A BURIAL SITE ALSO. SHE FURTHER STATED THAT THIS � CEMETERY HAS BEEN LONG NEGLECTED AND A GROUP OF CONCERNED CITIZENS ARE IN THE PROCESS OF RECTIFYING THAT. MS. GOODMAN STATED THAT THEIR GOAL IS TO MAKE TIM WILKINS CEMETERY ONE OF THE NICEST SITES IN THE AREA. SHE ADDED THAT THEY HAVE BEEN TOLD THAT IT IS VERY HARD TO MAKE A CEMETERY A HISTORICAL SITE. SHE FURTHER STATED THAT THEY ARE ASKING FOR THE COUNCIL'S SUPPORT IN THIS WORTHY ENDEAVOR. MS. GOODMAN READ THE RESOLUTION. SHE ASKED IF THE CITY WOULD PUT GRAVEL ON THE ROAD LEADING TO THE CEMETERY. MOTION BY COUNCILMEMBER OLDS, SECONDED BY COUNCILMEMBER ROBINSON TO ACCEPT THE RESOLUTION PROMOTING WILKINS CEMETERY AS A HISTORICAL SITE AS PRESENTED BY MS. GOODMAN. MAYOR OUDEH ASKED IF ANYMORE QUESTIONS. MAYOR PRO -TEM WOMBLE ASKED ATTORNEY POPE WHAT IS THE SIGNIFICANCE TO THE CITY OF DUNN IF THEY ADOPT THIS SITE AS A HISTORICAL SITE. ATTORNEY POPE STATED THERE IS NOTHING IN THE DUNN CITY CODE PROCEDURALLY TO DESIGNATE SOMETHING AS HISTORIC. HE ADDED THAT ALL THEY ARE DOING IS ADOPTING A RESOLUTION OF SUPPORT OF THE PEOPLE THAT ARE PLACING HISTORICAL SIGNIFICANCE ON THE CEMETERY. HE FURTHER STATED THAT IT WAS LEARNED TODAY FROM THE DEPARTMENT OF TRANSPORTATION, THAT THE CEMETERY WILL NOT BE ABLE TO QUALIFY AS A NATIONAL HISTORIC PLACE, AND THEREFORE, WOULD NOT IMPEDE ANY DOT PLANS, IF THE CITY CHOSE TO SUPPORT THE RESOLUTION OF HAVING IT DECLARED AS A HISTORIC CEMETERY. ATTORNEY POPE STATED THERE IS NO LEGAL SIGNIFICANCE BECAUSE THERE IS NOTHING IN THE CITY CODE FOR HAVING SOMETHING DECLARED HISTORIC. MAYOR PRO -TEM WOMBLE ASKED IF THE CITY IS COMMITTING TO UPKEEP THE CEMETERY BY ADOPTING THE RESOLUTION. MS. GOODMAN STATED IT IS HER UNDERSTANDING THAT IT WAS THE RESPONSIBILITY OF THE CITY TO UPKEEP THE CEMETERY ALL ALONG. SHE ADDED THAT THE CITY SHOULD BE RESPONSIBLE IN DOING THEIR JOB. SHE FURTHER STATED THAT THE CITY SHOULD UPKEEP THE CEMETERY. ATTORNEY POPE STATED THAT HE DOES NOT THINK THIS RESOLUTION REQUIRES ANY MAINTENANCE OR UPKEEP BY THE CITY, SHOULD THE COUNCIL ADOPT IT. HE ADDED THAT THE COUNCIL COULD AMEND ADOPTING THE RESOLUTION TO MAKE IT CLEAR THAT IT DOESN'T REQUIRE UPKEEP. MAYOR PRO -TEM WOMBLE STATED THAT THE INTENT OF THE PRESENTER IS ACTUALLY ASKING FOR UPKEEP. ATTORNEY POPE RESPONDED THAT IS NOT HIS UNDERSTANDING. COUNCILMEMBER OLDS STATED THAT BY ADOPTING THIS RESOLUTION, THE CITY IS NOT OBLIGATING ITSELF TO CLEAN UP THE WILKINS CEMETERY. HE ADDED THAT BACK IN 1968, HE LIVED NEXT TO THE CEMETERY AND IT WAS KEPT UP BY FAMILY MEMBERS. HE FURTHER STATED THAT HE HAS NEVER SEEN THE CITY CLEAN THIS CEMETERY. COUNCILMEMBER ROBINSON STATED THAT HE HAD FAMILY MEMBERS THERE AND HE HAS NEVER KNOWN THE CITY TO UPKEEP THE CEMETERY. MAYOR PRO -TEM WOMBLE STATED THAT HIS CONCERN IS THAT IT APPEARS THAT THE CITY IS BEING ASKED TO MAINTAIN THE CEMETERY AND IT IS NOT A CITY -OWNED CEMETERY. HE ADDED THAT IF THEY ADOPT THE RESOLUTION AS WORDED, THEY WOULD HAVE TO EXTEND THE SAME OPPORTUNITY FOR ANY PRIVATE CEMETERY IN THE COMMUNITY. ` om MOTION BY COUNCILMEMBER OLDS, SECONDED BY COUNCILMEMBER ROBINSON TO ADOPT THE RESOLUTION RECOGNIZING WILKINS CEMETERY AS A HISTORICAL SITE. MAYOR OUDEH ASKED IF ANYMORE QUESTIONS. COUNCILMEMBER OLDS STATED THAT SINCE MS. GOODMAN PRESENTED THIS RESOLUTION, IT WOULD BE ONLY APPROPRIATE TO ALLOW HER TO CLEAR ANY QUESTIONS ANYONE MAY HAVE. COUNCILMEMBER TART ASKED MS. GOODMAN IF BY THIS RESOLUTION, WAS IT HER EXPECTATION THAT THE CITY UPKEEP WILKINS CEMETERY. MS. GOODMAN RESPONDED THAT IT IS NOT HER EXPECTATION BECAUSE THE CITY HAS NOT BEEN KEEPING IT UP, BUT HER EXPECTATION IS THAT THEY MAKE IT A HISTORICAL C� SITE. SHE ADDED THAT AFTER CLEANING UP THE CEMETERY, THEY ARE NOT GOING TO LET IT GROW BACK UP IN ITS PRESENT CONDITION. SHE FURTHER STATED IF THEY WANT TO TAKE THE PART OF THE RESOLUTION WHICH STATES "UPKEEP" OFF, THEN THAT WILL BE FINE. SHE STATED THEY WILL DO THE UPKEEP. MOTION BY COUNCILMEMBER OLDS, SECONDED BY COUNCILMEMBER ROBINSON TO ADOPT THE RESOLUTION RECOGNIZING WILKINS CEMETERY AS A HISTORICAL SITE. MOTION CARRIED 4 -2. (ATTACHMENT #5) AYES NOES OLDS WOMBLE ROBINSON BASS TART SUMNER COUNCILMEMBER SUMNER DID NOT CAST A VOTE, RESULTING IN AN AFFIRMATIVE VOTE. PURSUANT TO G.S. 160A -75, A FAILURE TO VOTE BY A MEMBER WHO IS PHYSICALLY PRESENT IN THE COUNCIL CHAMBER, OR WHO HAS WITHDRAWN WITHOUT BEING EXCUSED BY A MAJORITY VOTE OF THE REMAINING MEMBERS PRESENT, SHALL BE RECORDED AS AN AFFIRMATIVE VOTE. INFORMATION COUNCILMEMBER OLDS STATED THAT HE, ALONG WITH COUNCILMEMBER TART, ATTORNEY POPE, AND MANAGER USKIEWICZ ATTENDED A MEETING IN RALEIGH RELATING TO THE RAIL ISSUE. HE ADDED THAT THE PURPOSE OF THE MEETING WAS A FACT FINDING MISSION WITH QUESTIONS THEY WANTED ANSWERED. COUNCILMEMBER OLDS STATED THAT TRINITY AME ZION CHURCH LOCATED AT 700 E. JOHNSON STREET, INVITES ALL TO ATTEND A SERVICE ON SUNDAY, JANUARY 19, 2003 AT 4:00 P.M. HE ADDED THAT THE PURPOSE OF THIS PROGRAM WILL BE TO HIGHLIGHT AND BRING TO THE PUBLICS ATTENTION THE SIGNING OF THE EMANCIPATION PROCLAMATION, WHICH FREED ALL SLAVES IN THE CONFEDERATE STATES. WITH NO FURTHER DISCUSSION, THE FOLLOWING BURIAL RIGHTS WERE EXECUTED: 1. JAMES D. & MABLE ROBINSON AND THEIR HEIRS, BLOCK 15, LOT 19, SPACES 1 -4, RESTHAVEN CEMETERY. 2. ANNIE S. MILLER AND HER HEIRS, BLOCK 13, LOT 31, SPACE 8, RESTHAVEN CEMETERY. 3. TAMMY LEONARD AND HER HEIRS, BLOCK 11, LOT 58, SPACE 3, RESTHAVEN CEMETERY. 4. REV. MARIAH SMITH AND HER HEIRS, BLOCK 15, LOT 39, SPACE 5, RESTHAVEN CEMETERY. 5. BETTY HARP AND HER HEIRS, BLOCK AA, LOT 47, SPACES 1 -4, MEMORIAL CEMETERY. 6. CALEB POSTLES AND HIS HEIRS, BLOCK 11, LOT 58, SPACE 4, RESTHAVEN CEMETERY. 7. JOHN C. & MYRTICE COLEY AND THEIR HEIRS, BLOCK Y, LOT 4, SPACES 7 -8, GREENWOOD CEMETERY. l WITH NO FURTHER BUSINESS TO DISCUSS THE MEETING WAS ADJOURNED AT 8:20 P.M. � GO P O Rq j MAYOR ATTEST: = S E M DEBRA G. WEST r :;' ,,., ° ._:r" `, ♦ee♦ CITY CLERK 6L ° ``' >: ° r r a: o ytt 000%�e� 939 MINUTES CITY OF DUNN DUNN, NORTH CAROLINA THE CITY COUNCIL OF THE CITY OF DUNN HELD A REGULAR MEETING ON THURSDAY, FEBRUARY 6, 2003, AT 7:00 P.M. IN THE DUNN MUNICIPAL BUILDING. PRESENT WAS MAYOR ABRAHAM OUDEH, MAYOR PRO -TEM MICHAEL WOMBLE, COUNCIL MEMBERS TOBY SUMNER, GEORGE ROBINSON, JOEY TART, DONNIE OLDS AND PAUL BASS. ALSO PRESENT WAS CITY MANAGER MICHAEL USKIEWICZ, PUBLIC WORKS DIRECTOR RONNIE AUTRY, PUBLIC UTILITIES DIRECTOR JOSEPH CAMPBELL, PUBLIC WORKS SUPERINTENDENT THOMAS JERNIGAN, HUMAN RESOURCES /SAFETY OFFICER MOSES GALLION, POLICE CHIEF TIMOTHY BENWARE, CAPTAIN MORRY DENNING, CAPTAIN RONNIE RADCLIFFE, RECREATION DIRECTOR PERRY HUDSON, CHIEF BUILDING INSPECTOR SHANE HUDSON, CITY PLANNERICODE ENFORCEMENT OFFICER JULIE REID, FIRE CHIEF AUSTIN TEW, LIBRARIAN DEBORAH MELVIN, FINANCE DIRECTOR RENEE' DAUGHTRY, CITY ENGINEER ED POWELL, CITY ATTORNEY P. TILGHMAN POPE, CITY CLERK DEBRA WEST, AND DAILY RECORD REPORTER LISA FARMER INVOCATION MAYOR OUDEH OPENED THE MEETING AT 7:00 P.M. AND ASKED GEORGE ROBINSON TO GIVE THE INVOCATION. AFTERWARDS, THE PLEDGE OF ALLEGIANCE WAS REPEATED. PRESENTATIONS POLICE CHIEF TIMOTHY BENWARE PRESENTED OFFICERS ANGIE HINSON AND ASHLEY BAREFOOT A LIFE SAVING CERTIFICATE AND PIN IN RECOGNITION OF THEIR HEROIC ACTIONS IN REMOVING AN INDIVIDUAL FROM A STRUCTURE FIRE ON JANUARY 7, 2003. MAYOR OUDEH CLOSED THE REGULAR MEETING AND OPENED A PUBLIC HEARING AT 7:03 P.M. PUBLIC HEARING MANAGER USKE3WICZ STATED THAT THE PUBLIC HAS BEEN NOTIFIED THAT ORAL AND WRITTEN COMMENTS WOULD BE HEARD AND RECEIVED CONCERNING THE CITY INITIATED CORRECTIVE ZONING FOR THE PROPERTY LOCATED SOUTH OF I -95, ON HIGHWAY 421 IN THE CITY OF DUNN'S ETJ, OWNED BY GRANVILLE TILGHMAN. HE ADDED THIS PROPERTY WAS RECENTLY REZONED C -3 HIGHWAY COMMERCIAL AND SHOULD HAVE BEEN REZONED TO C -2 SHOPPING CENTER DISTRICT. MAYOR OUDEH ASKED IF THERE WAS ANY COMMENT FROM THE PUBLIC. HEARING NONE, HE RECONVENED THE REGULAR COUNCIL MEETING AT 7:04 P.M. CONSENT ITEMS MAYOR OUDEH ASKED IF THERE WERE ANY CONSENT ITEMS THAT COUNCIL WISHED TO PULL FOR FURTHER DISCUSSION. MAYOR PRO -TEM WOMBLE PULLED ITEM #2 (TAX RELEASES/REFUNDS WITHOUT A LEGIBLE DESCRIPTION - THEY CONSISTED OF #47456) UNTIL NEXT MONTH. THE FOLLOWING CONSENT ITEMS WERE CONSIDERED BY COUNCIL. MINUTES - COUNCIL CONSIDERED APPROVAL OF MINUTES OF THE JANUARY 9, 2003 MEETING. TAX RELEASES/REFUNDS- COUNCIL CONSIDERED APPROVAL OF TAX RELEASES/REFUNDS #32446 AND #57471). TAX LIENS /ADVERTISEMENT - COUNCIL CONSIDERED APPROVAL TO ADVERTISE 2002 TAX LIENS. THE ADVERTISEMENT DATE WAS SET FOR MARCH 24, 2003. BUDGET AMENDMENTS- COUNCIL CONSIDERED APPROVAL OF BUDGET AMENDMENT #36. (ATTACHMENT #1) RESOLUTIONBLACK HISTORY MONTH - COUNCIL CONSIDERED APPROVAL OF A RESOLUTION DESIGNATING THE MONTH OF FEBRUARY AS BLACK HISTORY MONTH. (ATTACHMENT #2) FEE RIDER/DEBT SETOFF PROGRAM - COUNCIL CONSIDERED APPROVAL OF LOCAL COLLECTION ASSISTANCE FEE RIDER TO ALLOW THE CITY OF DUNN TO CONTINUE TO PARTICIPATE IN THE NC LOCAL GOVERNMENT DEBT SETOFF PROGRAM. (ATTACHMENT #3) MOTION BY MAYOR PRO -TEM WOMBLE, SECONDED BY COUNCILMEMEER BASS TO APPROVE ALL CONSENT ITEMS WITH THE EXCEPTION OF ITEM 1/2 (TAX 940 RELEASES/REFUNDS #47 - #56 - DESCRIPTION WAS NOT LEGIBLE). MOTION UNANIMOUSLY APPROVED. ITEMS FOR DECISION REZONING REQUEST CITY INITIATED CORRECTIVE ZONING A REQUEST WAS RECEIVED FROM THE CITY OF DUNN TO CORRECT THE ZONING FOR THE PROPERTY LOCATED SOUTH OF I -95, ON HIGHWAY 421 IN THE CITY OF DUNN'S ETJ, OWNED BY GRANVILLE TILGHMAN. THIS PROPERTY WAS RECENTLY REZONED C -3 HIGHWAY COMMERCIAL AND SHOULD HAVE BEEN REZONED TO C -2 SHOPPING CENTER DISTRICT. THE PLANNING BOARD MET ON JANUARY 21, 2003 AND RECOMMENDED APPROVAL OF THIS REQUEST. MANAGER USKIEWICZ STATED THAT PLANNING DIRECTOR, JULIE REID, WAS PRESENT SHOULD COUNCIL HAVE ANY QUESTIONS. COUNCILMEMBER BASS STATED THAT HE HAD SOME QUESTIONS ABOUT THE REZONING. PLANNER REID STEPPED FORWARD. COUNCILMEMBER BASS ASKED MS. REID WHAT IS THE DIFFERENCE IN C -2 AND C -3 ZONING AND SHOULD THE PROPERTY BE ZONED BOTH C -2 AND C -3 TO COVER ALL BUSINESSES AT THIS LOCATION. MS. REID RESPONDED THAT A PIECE OF LAND CAN ONLY BE ZONED IN ONE CLASSIFICATION OR ANOTHER. SHE ADDED IT IS POSSIBLE TO CREATE AN OVERLAY DISTRICT THAT COULD OVERLAY A C -1, C -3 OR C -4, BUT AT THIS POINT, THE CITY HAS FOUR CLASSIFICATIONS. MS. REID HANDED OUT ZONING CLASSIFICATIONS FOR THE COUNCILMEMBERS TO VIEW. SHE ADDED THAT IN OUR ZONING ORDINANCE, IT CALLS FOR INTERPRETATIONS OF THE DISTRICT REGULATIONS. SHE FURTHER STATED THERE IS A SPECIFIC DISTRICT FOR SHOPPING CENTERS, WHICH IS C -2. SHE STATED THAT THE CITY WANTS TO MAKE SURE THAT THE ZONING IS CORRECT FOR WHENEVER THIS PROPERTY OWNER MOVES FORWARD IN DEVELOPING THIS PROPERTY. COUNCILMEMBER SUMNER ASKED MS. REID IF THEY REZONED THIS PROPERTY, WOULD THIS ELIMINATE ANY DRIVE -IN RESTAURANTS. MS. RED) RESPONDED THAT IN A C -2 DISTRICT, THERE IS A PROVISION 22 -168, WHICH ALLOWS DEVELOPMENT OF OUT PARCELS PROVIDED THEY WERE DEVELOPED IN CONFORMANCE WITH THE DEVELOPMENT PLAN. MANAGER USKIEWICZ STATED THAT THE PURPOSE OF THE REQUEST IS THEY HAVE CONFIDENTIAL INFORMATION ON CERTAIN DEVELOPMENTS THAT WOULD NOT FALL INTO C -3 SO THEY ARE BEING PROACTIVE IN PREPARING THE LAND AND THE LOTS SO THAT THESE DEVELOPMENTS THAT WE ARE AWARE OF WILL CONFORM. HE ADDED THEY UNDERSTAND ABOUT THE RESTAURANTS AND THEY WILL FIT AND WILL CONFORM IN THIS DISTRICT IN CONCERT WITH THESE OTHER DEVELOPMENTS. MOTION BY MAYOR PRO -TEM WOMBLE, SECONDED BY COUNCILMEMBER OLDS TO APPROVE THE REZONING REQUEST FOR THE PROPERTY LOCATED SOUTH OF I -95, ON HIGHWAY 421 IN THE CITY OF DUNN'S ETJ, OWNED BY GRANVILLE TILGHMAN FROM C -3 HIGHWAY COMMERCIAL TO C -2 SHOPPING CENTER DISTRICT UPON RECEIPT AND APPROVAL OF A DEVELOPMENT PLAN IN ACCORDANCE WITH THE CITY OF DUNN ORDINANCE. MOTION UNANIMOUSLY APPROVED. STATE OF N.C. DEVELOPMENT ZONE APPROVAL MANAGER USKIEWICZ STATED THAT THE COUNCIL PASSED A DEVELOPMENT ZONE FOR THE CITY OF DUNN AND ADDED THE TOWN OF ERWIN BACK IN MARCH, 2001. HE ADDED THAT THE CITY OF DUNN'S ZONE WILL EXPIRE ON MARCH 19, 2003. HE FURTHER STATED THEY ARE ASKING TO EXTEND THIS DEVELOPMENT OPPORTUNITY FOR AN ADDITIONAL TWO YEARS AND THEY HAVE AGAIN INCLUDED THE TOWN OF ERWIN INTO OUR DEVELOPMENT ZONE, MANAGER USKIEWICZ STATED THIS IS A GOOD PROGRAM IN THAT IT GIVES BUSINESS INCENTIVES AND CREATES ECONOMIC DISTRESSED URBAN AREAS THE ABILITY TO STIMULATE NEW INVESTMENT AND JOB CREATION. HE ADDED THAT COUNCIL SHOULD NOTE THAT WITHOUT ERWIN PIGGY - BACKING WITH THE CITY OF DUNN, THEY WOULD NOT QUALIFY, BUT HE FELT WITH THE DEVELOPMENT POTENTIAL ERWIN HAS WITHIN THEIR COMMUNITY, IT IS ONLY PRUDENT TO CONTINUE TO ADD THEM AND KEEP THEM IN OUR DEVELOPMENT ZONE PLAN. 941 MOTION BY COUNCILMEMBER OLDS, SECONDED BY COUNCILMEMBER TART TO APPROVE AND ACCEPT THE DEVELOPMENT ZONE APPLICATION AND AUTHORIZE THE MAYOR TO SIGN. MOTION UNANIMOUSLY APPROVED. (ATTACHMENT # 4) AUDIT CONTRACT F/Y 2002 -03 MANAGER USKIEWICZ STATED THE PROPOSED F/Y 2002 -03 AUDIT CONTRACT FROM GILES, STRICKLAND AND ASSOCIATES DOES NOT INCLUDE ANY INCREASE IN THE FEES ASSOCIATED WITH THE AUDIT. HE ADDED THE PROPOSED TOTAL AUDIT PRICE REMAINS $20,843.00, AND $1,525.00 FOR PREPARATION OF THE NECESSARY SCHEDULES AND REPORTS. MOTION BY COUNCILMEMBER BASS, SECONDED BY COUNCILMEMBER ROBINSON TO APPROVE THE PROPOSED IN 2002 -03 AUDIT CONTRACT FROM GILES, STRICKLAND AND ASSOCIATES AS PRESENTED. MOTION UNANIMOUSLY APPROVED. (ATTACHMENT #5) FEMA RESOLUTION MANAGER USKIEWICZ STATED THAT COUNCIL IS BEING ASKED TO AUTHORIZE HIMSELF AND PUBLIC WORKS DIRECTOR, RONALD D. AUTRY TO EXECUTE AND FILE APPLICATIONS FOR FEDERAL AND STATE ASSISTANCE ON BEHALF OF THE CITY OF DUNN RELATING TO THE ICE STORM OF DECEMBER, 2002. HE ADDED THEY HAD A FEMA KICK -OFF MEETING LAST WEEK AND ARE IN THE PROCESS OF PUTTING TOGETHER NUMBERS. HE FURTHER STATED THE CONTRACTOR'S WORK IS COMPLETED AND THE CITY IS TAKING CARE OF THE MINOR PILES OF BRUSH REMAINING. MANAGER USKIEWICZ STATED THAT THE CITY WILL BE REIMBURSED FOR EQUIPMENT USAGE AND A MEETING IS SCHEDULED NEXT WEEK WITH A FEMA REPRESENTATIVE TO BEGIN DOCUMENTATION. HE ADDED THIS RESOLUTION IS NEEDED TO SECURE FUNDS. MOTION BY COUNCILMEMBER TART, SECONDED BY COUNCILMEMBER SUMNER TO APPROVE THE FEMA RESOLUTION AUTHORIZING DESIGNATED AGENTS, MICHAEL USKIEWICZ AND RONALD D. AUTRY TO EXECUTE ALL DOCUMENTS RELATING TO THE ICE STORM OF DECEMBER, 2002. MOTION UNANIMOUSLY APPROVED. (ATTACHMENT #6) EXECUTIVE SESSION MOTION BY COUNCHLMEMBER OLDS, SECONDED BY COUNCILMEMBER TART TO GO INTO CLOSED SESSION PURSUANT TO N.C.G.S. 143- 318.11 TO DISCUSS MATTERS RELATING TO THE LOCATION OF INDUSTRIES AND OTHER BUSINESSES WITHIN THE AREA SERVED BY THE CITY OF DUNN AT 7:19 P.M. MOTION UNANIMOUSLY APPROVED. CLOSED SESSION NO ACTION WAS TAKEN DURING CLOSED SESSION. BY UNANIMOUS CONSENT, THE CLOSED SESSION ADJOURNED AT 8:04 P.M. MOTION BY COUNCILMEMBER BASS, SECONDED BY COUNCHLMEMBER SUMNER TO APPROVE THE MINUTES TAKEN BY ATTORNEY TILGHMAN POPE OF THE FEBRUARY 6, 2003 CLOSED SESSION. MOTION UNANIMOUSLY APPROVED. MOTION BY COUNCILMEMBER TART, SECONDED BY COUNCILMEMBER ROBINSON TO GO INTO CLOSED SESSION PURSUANT TO N.C.G.S. 143 - 318.11 TO CONSULT WITH THE CITY ATTORNEY IN ORDER TO PRESERVE THE ATTORNEY - CLIENT PRIVILEGE AT 8:08 P.M. MOTION UNANIMOUSLY APPROVED. CLOSED SESSION NO ACTION WAS TAKEN DURING CLOSED SESSION. BY UNANIMOUS CONSENT, THE CLOSED SESSION ADJOURNED AT 9:06 P.M. MOTION BY COUNCILMEMBER SUMNER, SECONDED BY COUNCILMEMBER TART TO APPROVE THE MINUTES TAKEN BY CITY ATTORNEY TILGHMAN POPE OF THE FEBRUARY 6, 2003 CLOSED SESSION. MOTION UNANIMOUSLY APPROVED. MAYOR OUDEH RECONVENED THE REGULAR COUNCIL MEETING AT 9:07 P.M. MAYOR OUDEH ASKED IF ANY REPORTS NEEDED TO BE PULLED. WITH NO FURTHER DISCUSSION, THE FOLLOWING BURIAL RIGHTS WERE EXECUTED: 1. EDNA PEACOCK AND HER HEIRS, BLOCK 15, LOT 31, SPACE 8, RESTHAVEN CEMETERY. 2. DAFFORD FUNERAL HOME AND THEIR HEIRS, BLOCK 13, LOT 58, SPACE 4, RESTHAVEN CEMETERY. 3. DAFFORD FUNERAL HOME AND THEIR HEIRS, BLOCK 13, LOT 49, SPACE 8, RESTHAVEN CEMETERY. 942 4. ORA MAE HARGROVE GREEN AND HER HEIRS, BLOCK 11, LOT 1, SPACE 3, RESTHAVEN CEMETERY. 5. GWENDOLYN SMITH AND HER HEIRS, BLOCK 15, LOT 56, SPACES 2, RESTHAVEN CEMETERY. 6. LUCILLE BELL AND HER HEIRS, BLOCK 13, LOT 47, SPACES 7 -8, RESTHAVEN CEMETERY. 7. REBECCA COATS AND HER HEIRS, BLOCK V, LOT 29, SPACES 1 -8, GREENWOOD CEMETERY. WITH NO FURTHER BUSINESS TO ATTEST: ",-" ,�), DEBRA G. WEST CITY CLERK •as•ea0de °• !+ s I x •• "` • p• `•.� • �7i 8 R p0R i �O re�AA� y SEAL '�•.` Ty CARS :o`� WAS ADJOURNED AT 9:08 P.M.